From 0e5ac17b0b4a5bf12291fca6027e04c41932fd0f Mon Sep 17 00:00:00 2001 From: "Rep. Foxx, Virginia [R-NC-5]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 001/984] House-150: Introduced to House --- bills_text/House-150.txt | 282 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 282 insertions(+) create mode 100644 bills_text/House-150.txt diff --git a/bills_text/House-150.txt b/bills_text/House-150.txt new file mode 100644 index 0000000..836d0b3 --- /dev/null +++ b/bills_text/House-150.txt @@ -0,0 +1,282 @@ +116th CONGRESS + 1st Session + H. R. 150 + + To modernize Federal grant reporting, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 3, 2019 + + Ms. Foxx of North Carolina (for herself, Mr. Gomez, Mr. Walker, Mr. + Quigley, Mr. DesJarlais, Ms. Kelly of Illinois, Mr. Palmer, and Mr. + Kilmer) introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To modernize Federal grant reporting, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Grant Reporting Efficiency and +Agreements Transparency Act of 2019'' or the ``GREAT Act''. + +SEC. 2. PURPOSES. + + The purposes of this Act are to-- + (1) modernize reporting by recipients of Federal grants and + cooperative agreements by creating and imposing data standards + for the information that grants and cooperative agreement + recipients must report to the Federal Government; + (2) implement the recommendation by the Director of the + Office of Management and Budget, under section 5(b)(6) of the + Federal Funding Accountability and Transparency Act of 2006 (31 + U.S.C. 6101 note), which includes the development of a + ``comprehensive taxonomy of standard definitions for core data + elements required for managing Federal financial assistance + awards''; + (3) reduce burden and compliance costs of recipients of + Federal grants and cooperative agreements by enabling + technology solutions, existing or yet to be developed, by both + the public and private sectors, to better manage data + recipients already provide to the Federal Government; and + (4) to strengthen oversight and management of Federal + grants and cooperative agreements by agencies through + consolidated collection and display of and access to open data + that has been standardized, and where appropriate, transparency + to the public. + +SEC. 3. DATA STANDARDS FOR GRANT REPORTING. + + (a) Amendment.--Subtitle V of title 31, United States Code, is +amended by inserting after chapter 63 the following new chapter: + + ``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING + +``SEC. 6401. DEFINITIONS. + + ``In this chapter: + ``(1) Agency.--The term `agency' has the meaning given that + term in section 552(f) of title 5. + ``(2) Core data elements.--The term `core data elements' + means data elements that are not program-specific in nature and + are required by agencies for all or the vast majority of + Federal grant and cooperative assistance recipients for + purposes of reporting. + ``(3) Director.--The term `Director' means the Director of + the Office of Management and Budget. + ``(4) Federal award.--The term `Federal award'-- + ``(A) means the transfer of anything of value for a + public purpose of support or stimulation authorized by + a law of the United States, including financial + assistance and Government facilities, services, and + property; + ``(B) includes grants, subgrants, awards, and + cooperative agreements; and + ``(C) does not include-- + ``(i) conventional public information + services or procurement of property or services + for the direct benefit or use of the + Government; or + ``(ii) an agreement that provides only-- + ``(I) direct Government cash + assistance to an individual; + ``(II) a subsidy; + ``(III) a loan; + ``(IV) a loan guarantee; or + ``(V) insurance. + ``(5) Secretary.--The term `Secretary' means the head of + the standard-setting agency. + ``(6) Standard-setting agency.--The term `standard-setting + agency' means the Executive department designated under section + 6402(a)(1). + ``(7) State.--The term `State' means each State of the + United States, the District of Columbia, each commonwealth, + territory or possession of the United States, and each + federally recognized Indian Tribe. + +``SEC. 6402. DATA STANDARDS FOR GRANT REPORTING. + + ``(a) In General.-- + ``(1) Designation of standard-setting agency.--The Director + shall designate the Executive department (as defined in section + 101 of title 5) that issues the most Federal awards in a + calendar year as the standard-setting agency. + ``(2) Establishment of standards.--Not later than 1 year + after the date of the enactment of this chapter, the Secretary + and the Director shall establish Governmentwide data standards + for information reported by recipients of Federal awards. + ``(3) Data elements.--The data standards established under + paragraph (2) shall include, at a minimum-- + ``(A) standard definitions for data elements + required for managing Federal awards; and + ``(B) unique identifiers for Federal awards and + entities receiving Federal awards that can be + consistently applied Governmentwide. + ``(b) Scope.--The data standards established under subsection (a) +shall include core data elements and may cover any information required +to be reported to any agency by recipients of Federal awards, including +audit-related information reported under chapter 75 of this title. + ``(c) Requirements.--The data standards required to be established +under subsection (a) shall, to the extent reasonable and practicable-- + ``(1) render information reported by recipients of Federal + grant and cooperative agreement awards fully searchable and + machine-readable; + ``(2) be nonproprietary; + ``(3) incorporate standards developed and maintained by + voluntary consensus standards bodies; + ``(4) be consistent with and implement applicable + accounting and reporting principles; and + ``(5) incorporate the data standards established under the + Federal Funding Accountability and Transparency Act of 2006 (31 + U.S.C. 6101 note). + ``(d) Consultation.--In establishing the data standards under +subsection (a), the Secretary and the Director shall consult with, as +appropriate-- + ``(1) the Secretary of the Treasury, to ensure that the + data standards incorporate the data standards created under the + Federal Funding Accountability and Transparency Act of 2006 (31 + U.S.C. 6101 note); + ``(2) the head of each agency that issues Federal awards; + ``(3) recipients of Federal awards and organizations + representing recipients of Federal awards; + ``(4) private sector experts; + ``(5) members of the public, including privacy experts, + privacy advocates, and industry stakeholders; and + ``(6) State and local governments. + +``SEC. 6403. GUIDANCE APPLYING DATA STANDARDS FOR GRANT REPORTING. + + ``(a) In General.--Not later than 2 years after the date of the +enactment of this chapter-- + ``(1) the Secretary and the Director shall issue guidance + to all agencies directing the agencies to apply the data + standards established under section 6402 to all applicable + reporting by recipients of Federal grant and cooperative + agreement awards; and + ``(2) the Director shall prescribe guidance applying the + data standards to audit-related information reported under + chapter 75. + ``(b) Guidance.--The guidance issued under this section shall-- + ``(1) to the extent reasonable and practicable-- + ``(A) minimize the disruption to existing reporting + practices for agencies and for recipients of Federal + grant and cooperative agreement awards; and + ``(B) explore opportunities to implement modern + technologies within Federal award reporting; + ``(2) allow the Director to permit exceptions for + categories of grants if the Director publishes a list of such + exceptions, including exceptions for Indian Tribes and Tribal + organizations consistent with the Indian Self-Determination and + Education Assistance Act; and + ``(3) take into consideration the consultation required + under section 6402(d). + +``SEC. 6404. AGENCY REQUIREMENTS. + + ``Not later than 3 years after the date of the enactment of this +chapter, the head of each agency shall ensure that all of the agency's +grants and cooperative agreements use data standards for all future +information collection requests and amend existing information +collection requests covered by chapter 35 of title 44 (commonly +referred to as the Paperwork Reduction Act) to comply with the data +standards established under section 6402, consistent with the guidance +issued by the Secretary and the Director under section 6403.''. + (b) Technical and Conforming Amendment.--The table of chapters for +subtitle V of title 31, United States Code, is amended by inserting +after the item relating to chapter 63 the following new item: + +``64. Data Standards for Grant Reporting 6401''. + +SEC. 4. SINGLE AUDIT ACT. + + (a) Amendments.-- + (1) Section 7502(h) of title 31, United States Code, is + amended by inserting before ``to a Federal clearinghouse'' the + following ``in an electronic form consistent with the data + standards established under chapter 64,''. + (2) Section 7505 of title 31, United States Code, is + amended by adding at the end the following new subsection: + ``(d) Such guidance shall require audit-related information +reported under this chapter to be reported in an electronic form +consistent with the data standards established under chapter 64.''. + (b) Guidance.--Not later than 2 years after the date of the +enactment of this Act, the Director shall issue guidance requiring +audit-related information reported under chapter 75 of title 31, United +States Code, to be reported in an electronic form consistent with the +data standards established under chapter 64 of title 31, United States +Code, as added by section 3. + +SEC. 5. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION; PUBLICATION OF + PUBLIC INFORMATION AS OPEN DATA. + + (a) Collection of Information.--Not later than 4 years after the +date of the enactment of this Act, the Secretary and the Director shall +enable the collection, public display, and maintenance of Federal award +information as a Governmentwide data set, using the data standards +established under chapter 64 of title 31, United States Code, as added +by section 3, subject to reasonable restrictions established by the +Director to ensure protection of personally identifiable and otherwise +sensitive information. + (b) Publication of Information.--The Secretary and the Director +shall require the publication of recipient-reported data collected from +all agencies on a single public portal. Information may be published on +an existing Governmentwide website as determined appropriate by the +Director. + (c) FOIA.--Nothing in this section shall require the disclosure to +the public of information that would be exempt from disclosure under +section 552 of title 5, United States Code (commonly known as the +``Freedom of Information Act''). + +SEC. 6. EVALUATION OF NONPROPRIETARY IDENTIFIERS. + + (a) Determination Required.--The Director and the Secretary shall +determine whether to use nonproprietary identifiers under section +6402(a)(3)(B) of title 31, United States Code, as added by section +3(a). + (b) Factors To Be Considered.--In making the determination required +pursuant to subsection (a), the Director and the Secretary shall +consider factors such as accessibility and cost to recipients of +Federal awards, agencies that issue Federal awards, private-sector +experts, and members of the public, including privacy experts and +privacy advocates. + (c) Publication and Report on Determination.--Not later than the +earlier of 1 year after the date of the enactment of this Act or the +date on which the Secretary and Director establish data standards +pursuant to section 6402(a)(2) of title 31, United States Code, as +added by section 3(a), the Secretary and the Director shall publish and +submit to the Committees on Oversight and Government Reform of the +House of Representatives and Homeland Security and Governmental Affairs +of the Senate a report explaining the reasoning for the determination +made pursuant to subsection (a). + +SEC. 7. DEFINITIONS. + + In this Act, the terms ``agency'', ``Director'', ``Federal award'', +and ``Secretary'' have the meaning given those terms in section 6401 of +title 31, United States Code, as added by section 3(a). + +SEC. 8. RULE OF CONSTRUCTION. + + Nothing in this Act, or the amendments made by this Act, shall be +construed to require the collection of data that is not otherwise +required pursuant to any Federal law, rule, or regulation. + +SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED. + + No additional funds are authorized to carry out the requirements of +this Act and the amendments made by this Act. Such requirements shall +be carried out using amounts otherwise authorized. + \ No newline at end of file From 48e8e7d9339a8375084b4954e8e460aa1e846869 Mon Sep 17 00:00:00 2001 From: "Rep. Foxx, Virginia [R-NC-5]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 002/984] House-150: Engrossed in House --- bills_text/House-150.txt | 35 ++++++++++++++++++----------------- 1 file changed, 18 insertions(+), 17 deletions(-) diff --git a/bills_text/House-150.txt b/bills_text/House-150.txt index 836d0b3..7bceb46 100644 --- a/bills_text/House-150.txt +++ b/bills_text/House-150.txt @@ -2,24 +2,9 @@ 1st Session H. R. 150 - To modernize Federal grant reporting, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 3, 2019 - - Ms. Foxx of North Carolina (for herself, Mr. Gomez, Mr. Walker, Mr. - Quigley, Mr. DesJarlais, Ms. Kelly of Illinois, Mr. Palmer, and Mr. - Kilmer) introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -279,4 +264,20 @@ SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. - \ No newline at end of file + + Passed the House of Representatives January 17, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 150 + +_______________________________________________________________________ + + AN ACT + + To modernize Federal grant reporting, and for other purposes. From ee8013409c7c2043a54243458afef0b3972a2b1e Mon Sep 17 00:00:00 2001 From: "Rep. Foxx, Virginia [R-NC-5]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 003/984] House-150: Enrolled --- bills_text/House-150.txt | 496 ++++++++++++++++++++------------------- 1 file changed, 255 insertions(+), 241 deletions(-) diff --git a/bills_text/House-150.txt b/bills_text/House-150.txt index 7bceb46..7143986 100644 --- a/bills_text/House-150.txt +++ b/bills_text/House-150.txt @@ -1,283 +1,297 @@ -116th CONGRESS - 1st Session - H. R. 150 + H.R.150 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + United States of America - - To modernize Federal grant reporting, and for other purposes. - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, + AT THE FIRST SESSION -SECTION 1. SHORT TITLE. + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen - This Act may be cited as the ``Grant Reporting Efficiency and -Agreements Transparency Act of 2019'' or the ``GREAT Act''. -SEC. 2. PURPOSES. + An Act - The purposes of this Act are to-- - (1) modernize reporting by recipients of Federal grants and - cooperative agreements by creating and imposing data standards - for the information that grants and cooperative agreement - recipients must report to the Federal Government; - (2) implement the recommendation by the Director of the - Office of Management and Budget, under section 5(b)(6) of the - Federal Funding Accountability and Transparency Act of 2006 (31 - U.S.C. 6101 note), which includes the development of a - ``comprehensive taxonomy of standard definitions for core data - elements required for managing Federal financial assistance - awards''; - (3) reduce burden and compliance costs of recipients of - Federal grants and cooperative agreements by enabling - technology solutions, existing or yet to be developed, by both - the public and private sectors, to better manage data - recipients already provide to the Federal Government; and - (4) to strengthen oversight and management of Federal - grants and cooperative agreements by agencies through - consolidated collection and display of and access to open data - that has been standardized, and where appropriate, transparency - to the public. -SEC. 3. DATA STANDARDS FOR GRANT REPORTING. + + To modernize Federal grant reporting, and for other purposes. + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + (a) Short Title.--This Act may be cited as the ``Grant Reporting +Efficiency and Agreements Transparency Act of 2019'' or the ``GREAT +Act''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Purposes. +Sec. 3. Definitions. +Sec. 4. Data standards for grant reporting. +Sec. 5. Single Audit Act. +Sec. 6. Consolidation of assistance-related information; publication of + public information as open data. +Sec. 7. Evaluation of nonproprietary identifiers. +Sec. 8. Rule of construction. +Sec. 9. No additional funds authorized. +SEC. 2. PURPOSES. + The purposes of this Act are to-- + (1) modernize reporting by recipients of Federal grants and + cooperative agreements by creating and imposing data standards for + the information that those recipients are required by law to report + to the Federal Government; + (2) implement the recommendation by the Director of the Office + of Management and Budget contained in the report submitted under + section 5(b)(6) of the Federal Funding Accountability and + Transparency Act of 2006 (31 U.S.C. 6101 note) relating to the + development of a ``comprehensive taxonomy of standard definitions + for core data elements required for managing Federal financial + assistance awards''; + (3) reduce burden and compliance costs of recipients of Federal + grants and cooperative agreements by enabling technology solutions, + existing or yet to be developed, for use in both the public and + private sectors to better manage the data that recipients already + provide to the Federal Government; and + (4) strengthen oversight and management of Federal grants and + cooperative agreements by agencies by consolidating the collection + and display of and access to open data that has been standardized + and, where appropriate, increasing transparency to the public. +SEC. 3. DEFINITIONS. + In this Act, the terms ``agency'', ``Director'', ``Federal award'', +and ``Secretary'' have the meanings given those terms in section 6401 +of title 31, United States Code, as added by section 4(a) of this Act. +SEC. 4. DATA STANDARDS FOR GRANT REPORTING. (a) Amendment.--Subtitle V of title 31, United States Code, is -amended by inserting after chapter 63 the following new chapter: +amended by inserting after chapter 63 the following: ``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING -``SEC. 6401. DEFINITIONS. +``Sec. +``6401. Definitions. +``6402. Data standards for grant reporting. +``6403. Guidance applying data standards for grant reporting. +``6404. Agency requirements. +``Sec. 6401. Definitions ``In this chapter: - ``(1) Agency.--The term `agency' has the meaning given that - term in section 552(f) of title 5. - ``(2) Core data elements.--The term `core data elements' - means data elements that are not program-specific in nature and - are required by agencies for all or the vast majority of - Federal grant and cooperative assistance recipients for - purposes of reporting. - ``(3) Director.--The term `Director' means the Director of - the Office of Management and Budget. - ``(4) Federal award.--The term `Federal award'-- - ``(A) means the transfer of anything of value for a - public purpose of support or stimulation authorized by - a law of the United States, including financial - assistance and Government facilities, services, and - property; - ``(B) includes grants, subgrants, awards, and - cooperative agreements; and - ``(C) does not include-- - ``(i) conventional public information - services or procurement of property or services - for the direct benefit or use of the - Government; or - ``(ii) an agreement that provides only-- - ``(I) direct Government cash - assistance to an individual; - ``(II) a subsidy; - ``(III) a loan; - ``(IV) a loan guarantee; or - ``(V) insurance. - ``(5) Secretary.--The term `Secretary' means the head of - the standard-setting agency. - ``(6) Standard-setting agency.--The term `standard-setting - agency' means the Executive department designated under section - 6402(a)(1). - ``(7) State.--The term `State' means each State of the - United States, the District of Columbia, each commonwealth, - territory or possession of the United States, and each - federally recognized Indian Tribe. - -``SEC. 6402. DATA STANDARDS FOR GRANT REPORTING. - + ``(1) Agency.--The term `agency' has the meaning given the term + in section 552(f) of title 5. + ``(2) Core data elements.--The term `core data elements' means + data elements relating to financial management, administration, or + management that-- + ``(A) are not program-specific in nature or program- + specific outcome measures, as defined in section 1115(h) of + this title; and + ``(B) are required by agencies for all or the vast majority + of recipients of Federal awards for purposes of reporting. + ``(3) Director.--The term `Director' means the Director of the + Office of Management and Budget. + ``(4) Executive department.--The term `Executive department' + has the meaning given the term in section 101 of title 5. + ``(5) Federal award.--The term `Federal award'-- + ``(A) means the transfer of anything of value for a public + purpose of support or stimulation authorized by a law of the + United States, including financial assistance and Government + facilities, services, and property; + ``(B) includes a grant, a subgrant, a cooperative + agreement, or any other transaction; and + ``(C) does not include a transaction or agreement-- + ``(i) that provides for conventional public information + services or procurement of property or services for the + direct benefit or use of the Government; or + ``(ii) that provides only-- + + ``(I) direct Government cash assistance to an + individual; + ``(II) a subsidy; + ``(III) a loan; + ``(IV) a loan guarantee; or + ``(V) insurance. + + ``(6) Secretary.--The term `Secretary' means the head of the + standard-setting agency. + ``(7) Standard-setting agency.--The term `standard-setting + agency' means the Executive department designated under section + 6402(a)(1). + ``(8) State.--The term `State' means each State of the United + States, the District of Columbia, each commonwealth, territory, or + possession of the United States, and each federally recognized + Indian Tribe. +``Sec. 6402. Data standards for grant reporting ``(a) In General.-- - ``(1) Designation of standard-setting agency.--The Director - shall designate the Executive department (as defined in section - 101 of title 5) that issues the most Federal awards in a - calendar year as the standard-setting agency. - ``(2) Establishment of standards.--Not later than 1 year - after the date of the enactment of this chapter, the Secretary - and the Director shall establish Governmentwide data standards - for information reported by recipients of Federal awards. - ``(3) Data elements.--The data standards established under - paragraph (2) shall include, at a minimum-- - ``(A) standard definitions for data elements - required for managing Federal awards; and - ``(B) unique identifiers for Federal awards and - entities receiving Federal awards that can be - consistently applied Governmentwide. - ``(b) Scope.--The data standards established under subsection (a) -shall include core data elements and may cover any information required -to be reported to any agency by recipients of Federal awards, including -audit-related information reported under chapter 75 of this title. - ``(c) Requirements.--The data standards required to be established -under subsection (a) shall, to the extent reasonable and practicable-- - ``(1) render information reported by recipients of Federal - grant and cooperative agreement awards fully searchable and - machine-readable; - ``(2) be nonproprietary; - ``(3) incorporate standards developed and maintained by - voluntary consensus standards bodies; - ``(4) be consistent with and implement applicable - accounting and reporting principles; and - ``(5) incorporate the data standards established under the - Federal Funding Accountability and Transparency Act of 2006 (31 - U.S.C. 6101 note). + ``(1) Designation of standard-setting agency.--The Director + shall designate the Executive department that administers the + greatest number of programs under which Federal awards are issued + in a calendar year as the standard-setting agency. + ``(2) Establishment of standards.--Not later than 2 years after + the date of enactment of this chapter, the Secretary and the + Director shall establish Governmentwide data standards for + information reported by recipients of Federal awards. + ``(3) Data elements.--The data standards established under + paragraph (2) shall include, at a minimum-- + ``(A) standard definitions for data elements required for + managing Federal awards; and + ``(B) unique identifiers for Federal awards and recipients + of Federal awards that can be consistently applied + Governmentwide. + ``(b) Scope.--The data standards established under subsection (a)-- + ``(1) shall include core data elements; + ``(2) may cover information required by law to be reported to + any agency by recipients of Federal awards, including audit-related + information reported under chapter 75 of this title; and + ``(3) may not be used by the Director or any agency to require + the collection of any data not otherwise required under Federal + law. + ``(c) Requirements.--The data standards established under +subsection (a) shall, to the extent reasonable and practicable-- + ``(1) render information reported by recipients of Federal + awards fully searchable and machine-readable; + ``(2) be nonproprietary; + ``(3) incorporate standards developed and maintained by + voluntary consensus standards bodies; + ``(4) be consistent with and implement applicable accounting + and reporting principles; and + ``(5) incorporate the data standards established under the + Federal Funding Accountability and Transparency Act of 2006 (31 + U.S.C. 6101 note). ``(d) Consultation.--In establishing the data standards under -subsection (a), the Secretary and the Director shall consult with, as -appropriate-- - ``(1) the Secretary of the Treasury, to ensure that the - data standards incorporate the data standards created under the - Federal Funding Accountability and Transparency Act of 2006 (31 - U.S.C. 6101 note); - ``(2) the head of each agency that issues Federal awards; - ``(3) recipients of Federal awards and organizations - representing recipients of Federal awards; - ``(4) private sector experts; - ``(5) members of the public, including privacy experts, - privacy advocates, and industry stakeholders; and - ``(6) State and local governments. - -``SEC. 6403. GUIDANCE APPLYING DATA STANDARDS FOR GRANT REPORTING. - - ``(a) In General.--Not later than 2 years after the date of the +subsection (a), the Secretary and the Director shall consult with-- + ``(1) the Secretary of the Treasury to ensure that the data + standards established under subsection (a) incorporate the data + standards established under the Federal Funding Accountability and + Transparency Act of 2006 (31 U.S.C. 6101 note); + ``(2) the head of each agency that issues Federal awards; + ``(3) recipients of Federal awards and organizations + representing recipients of Federal awards; + ``(4) private sector experts; + ``(5) members of the public, including privacy experts, privacy + advocates, auditors, and industry stakeholders; and + ``(6) State and local governments. +``Sec. 6403. Guidance applying data standards for grant reporting + ``(a) In General.--Not later than 3 years after the date of enactment of this chapter-- - ``(1) the Secretary and the Director shall issue guidance - to all agencies directing the agencies to apply the data - standards established under section 6402 to all applicable - reporting by recipients of Federal grant and cooperative - agreement awards; and - ``(2) the Director shall prescribe guidance applying the - data standards to audit-related information reported under - chapter 75. - ``(b) Guidance.--The guidance issued under this section shall-- - ``(1) to the extent reasonable and practicable-- - ``(A) minimize the disruption to existing reporting - practices for agencies and for recipients of Federal - grant and cooperative agreement awards; and - ``(B) explore opportunities to implement modern - technologies within Federal award reporting; - ``(2) allow the Director to permit exceptions for - categories of grants if the Director publishes a list of such - exceptions, including exceptions for Indian Tribes and Tribal - organizations consistent with the Indian Self-Determination and - Education Assistance Act; and - ``(3) take into consideration the consultation required - under section 6402(d). - -``SEC. 6404. AGENCY REQUIREMENTS. - - ``Not later than 3 years after the date of the enactment of this -chapter, the head of each agency shall ensure that all of the agency's -grants and cooperative agreements use data standards for all future -information collection requests and amend existing information -collection requests covered by chapter 35 of title 44 (commonly -referred to as the Paperwork Reduction Act) to comply with the data -standards established under section 6402, consistent with the guidance -issued by the Secretary and the Director under section 6403.''. + ``(1) the Secretary and the Director shall jointly issue + guidance to all agencies directing the agencies to apply the data + standards established under section 6402(a) to all applicable + reporting by recipients of Federal awards; and + ``(2) the Director shall prescribe guidance applying the data + standards established under section 6402(a) to audit-related + information reported under chapter 75 of this title. + ``(b) Guidance.--The guidance issued under subsection (a) shall-- + ``(1) to the extent reasonable and practicable-- + ``(A) minimize the disruption of existing reporting + practices of, and not increase the reporting burden on, + agencies or recipients of Federal awards; and + ``(B) explore opportunities to implement modern + technologies in reporting relating to Federal awards; + ``(2) allow the Director to permit exceptions for classes of + Federal awards, including exceptions for Federal awards granted to + Indian Tribes and Tribal organizations consistent with the Indian + Self-Determination and Education Assistance Act (25 U.S.C. 5301 et + seq.), if the Director publishes a list of those exceptions and + submits the list to the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on Oversight + and Reform of the House of Representatives; and + ``(3) take into consideration the consultation required under + section 6402(d). + ``(c) Updating Guidance.-- + ``(1) In general.--Not less frequently than once every 10 + years, the Director shall update the guidance issued under + subsection (a). + ``(2) Procedures.--In updating guidance under paragraph (1), + the Director shall, to the maximum extent practicable, follow the + procedures for the development of the data standards and guidance + prescribed under this section and section 6402. +``Sec. 6404. Agency requirements + ``Not later than 1 year after the date on which guidance is issued +or updated under subsection (b) or (c), respectively, of section 6403, +the head of each agency shall-- + ``(1) ensure that all of the Federal awards that the agency + issues use data standards for all future information collection + requests; and + ``(2) amend existing information collection requests under + chapter 35 of title 44 (commonly known as the `Paperwork Reduction + Act') to comply with the data standards established under section + 6402 of this chapter, in accordance with the guidance issued by the + Secretary and the Director under section 6403 of this chapter.''. (b) Technical and Conforming Amendment.--The table of chapters for subtitle V of title 31, United States Code, is amended by inserting -after the item relating to chapter 63 the following new item: - -``64. Data Standards for Grant Reporting 6401''. +after the item relating to chapter 63 the following: -SEC. 4. SINGLE AUDIT ACT. +``64. Data standards for grant reporting.........................6401''. +SEC. 5. SINGLE AUDIT ACT. (a) Amendments.-- - (1) Section 7502(h) of title 31, United States Code, is - amended by inserting before ``to a Federal clearinghouse'' the - following ``in an electronic form consistent with the data - standards established under chapter 64,''. - (2) Section 7505 of title 31, United States Code, is - amended by adding at the end the following new subsection: + (1) Audit requirements.--Section 7502(h) of title 31, United + States Code, is amended, in the matter preceding paragraph (1), by + inserting ``in an electronic form in accordance with the data + standards established under chapter 64 and'' after ``the reporting + package,''. + (2) Regulations.--Section 7505 of title 31, United States Code, + is amended by adding at the end the following: ``(d) Such guidance shall require audit-related information -reported under this chapter to be reported in an electronic form -consistent with the data standards established under chapter 64.''. - (b) Guidance.--Not later than 2 years after the date of the -enactment of this Act, the Director shall issue guidance requiring -audit-related information reported under chapter 75 of title 31, United -States Code, to be reported in an electronic form consistent with the -data standards established under chapter 64 of title 31, United States -Code, as added by section 3. - -SEC. 5. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION; PUBLICATION OF - PUBLIC INFORMATION AS OPEN DATA. - - (a) Collection of Information.--Not later than 4 years after the -date of the enactment of this Act, the Secretary and the Director shall -enable the collection, public display, and maintenance of Federal award -information as a Governmentwide data set, using the data standards -established under chapter 64 of title 31, United States Code, as added -by section 3, subject to reasonable restrictions established by the -Director to ensure protection of personally identifiable and otherwise -sensitive information. +reported under this chapter to be reported in an electronic form in +accordance with the data standards established under chapter 64.''. + (b) Guidance.--Not later than 3 years after the date of enactment +of this Act, the Director shall issue guidance requiring audit-related +information reported under chapter 75 of title 31, United States Code, +to be reported in an electronic form consistent with the data standards +established under chapter 64 of that title, as added by section 4(a) of +this Act. +SEC. 6. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION; PUBLICATION OF +PUBLIC INFORMATION AS OPEN DATA. + (a) Collection of Information.--Not later than 5 years after the +date of enactment of this Act, the Secretary and the Director shall, +using the data standards established under chapter 64 of title 31, +United States Code, as added by section 4(a) of this Act, enable the +collection, public display, and maintenance of Federal award +information as a Governmentwide data set, subject to reasonable +restrictions established by the Director to ensure protection of +personally identifiable information and otherwise sensitive +information. (b) Publication of Information.--The Secretary and the Director -shall require the publication of recipient-reported data collected from -all agencies on a single public portal. Information may be published on -an existing Governmentwide website as determined appropriate by the -Director. +shall require the publication of data reported by recipients of Federal +awards that is collected from all agencies on a single public portal, +which may be an existing Governmentwide website, as determined +appropriate by the Director. (c) FOIA.--Nothing in this section shall require the disclosure to the public of information that would be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). - -SEC. 6. EVALUATION OF NONPROPRIETARY IDENTIFIERS. - +SEC. 7. EVALUATION OF NONPROPRIETARY IDENTIFIERS. (a) Determination Required.--The Director and the Secretary shall -determine whether to use nonproprietary identifiers under section -6402(a)(3)(B) of title 31, United States Code, as added by section -3(a). - (b) Factors To Be Considered.--In making the determination required -pursuant to subsection (a), the Director and the Secretary shall -consider factors such as accessibility and cost to recipients of -Federal awards, agencies that issue Federal awards, private-sector -experts, and members of the public, including privacy experts and -privacy advocates. +determine whether to use nonproprietary identifiers described in +section 6402(a)(3)(B) of title 31, United States Code, as added by +section 4(a) of this Act. + (b) Factors to Be Considered.--In making the determination under +subsection (a), the Director and the Secretary shall consider factors +such as accessibility and cost to recipients of Federal awards, +agencies that issue Federal awards, private sector experts, and members +of the public, including privacy experts, privacy advocates, +transparency experts, and transparency advocates. (c) Publication and Report on Determination.--Not later than the -earlier of 1 year after the date of the enactment of this Act or the -date on which the Secretary and Director establish data standards -pursuant to section 6402(a)(2) of title 31, United States Code, as -added by section 3(a), the Secretary and the Director shall publish and -submit to the Committees on Oversight and Government Reform of the -House of Representatives and Homeland Security and Governmental Affairs -of the Senate a report explaining the reasoning for the determination -made pursuant to subsection (a). - -SEC. 7. DEFINITIONS. - - In this Act, the terms ``agency'', ``Director'', ``Federal award'', -and ``Secretary'' have the meaning given those terms in section 6401 of -title 31, United States Code, as added by section 3(a). - +earlier of 1 year after the date of enactment of this Act or the date +on which the Director and the Secretary establish data standards under +section 6402(a)(2) of title 31, United States Code, as added by section +4(a) of this Act, the Director and the Secretary shall publish and +submit to the Committee on Homeland Security and Governmental Affairs +of the Senate and the Committee on Oversight and Reform of the House of +Representatives a report explaining the reasoning for the determination +made under subsection (a). SEC. 8. RULE OF CONSTRUCTION. - Nothing in this Act, or the amendments made by this Act, shall be construed to require the collection of data that is not otherwise -required pursuant to any Federal law, rule, or regulation. - +required under any Federal law, rule, or regulation. SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED. - No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. - Passed the House of Representatives January 17, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 150 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To modernize Federal grant reporting, and for other purposes. + Vice President of the United States and + President of the Senate. From 12712a4d9885b03a0fdfbb3668911c43ec14384e Mon Sep 17 00:00:00 2001 From: "Rep. Thompson, Bennie G. [D-MS-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 004/984] House-251: Introduced to House --- bills_text/House-251.txt | 47 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 47 insertions(+) create mode 100644 bills_text/House-251.txt diff --git a/bills_text/House-251.txt b/bills_text/House-251.txt new file mode 100644 index 0000000..45b68b1 --- /dev/null +++ b/bills_text/House-251.txt @@ -0,0 +1,47 @@ +116th CONGRESS + 1st Session + H. R. 251 + + To extend by two years the Chemical Facility Anti-Terrorism Standards +Program of the Department of Homeland Security, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 4, 2019 + + Mr. Thompson of Mississippi (for himself, Mr. Rogers of Alabama, Mr. + Pallone, Mr. Walden, Mr. Richmond, Mr. Ratcliffe, Mr. Tonko, and Mr. + Shimkus) introduced the following bill; which was referred to the + Committee on Homeland Security, and in addition to the Committee on +Energy and Commerce, for a period to be subsequently determined by the + Speaker, in each case for consideration of such provisions as fall + within the jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + + To extend by two years the Chemical Facility Anti-Terrorism Standards +Program of the Department of Homeland Security, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Chemical Facility Anti-Terrorism +Standards Program Extension Act''. + +SEC. 2. EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM + OF THE DEPARTMENT OF HOMELAND SECURITY. + + Section 5 of the Protecting and Securing Chemical Facilities from +Terrorist Attacks Act of 2014 (Public Law 113-254; 6 U.S.C. 621 note) +is amended by striking ``4 years'' and inserting ``6 years''. + \ No newline at end of file From ff0d88bc2a81adbf6702d16afc41df6b2be5f5e0 Mon Sep 17 00:00:00 2001 From: "Rep. Thompson, Bennie G. [D-MS-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 005/984] House-251: Engrossed in House --- bills_text/House-251.txt | 40 +++++++++++++++++++--------------------- 1 file changed, 19 insertions(+), 21 deletions(-) diff --git a/bills_text/House-251.txt b/bills_text/House-251.txt index 45b68b1..1e16489 100644 --- a/bills_text/House-251.txt +++ b/bills_text/House-251.txt @@ -2,28 +2,9 @@ 1st Session H. R. 251 - To extend by two years the Chemical Facility Anti-Terrorism Standards -Program of the Department of Homeland Security, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 4, 2019 - - Mr. Thompson of Mississippi (for himself, Mr. Rogers of Alabama, Mr. - Pallone, Mr. Walden, Mr. Richmond, Mr. Ratcliffe, Mr. Tonko, and Mr. - Shimkus) introduced the following bill; which was referred to the - Committee on Homeland Security, and in addition to the Committee on -Energy and Commerce, for a period to be subsequently determined by the - Speaker, in each case for consideration of such provisions as fall - within the jurisdiction of the committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -44,4 +25,21 @@ SEC. 2. EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM Section 5 of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 6 U.S.C. 621 note) is amended by striking ``4 years'' and inserting ``6 years''. - \ No newline at end of file + + Passed the House of Representatives January 8, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 251 + +_______________________________________________________________________ + + AN ACT + + To extend by two years the Chemical Facility Anti-Terrorism Standards +Program of the Department of Homeland Security, and for other purposes. From c7853b90b5b6d218d83789a2940bbbcf9d1e9ab5 Mon Sep 17 00:00:00 2001 From: "Rep. Thompson, Bennie G. [D-MS-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 006/984] House-251: Enrolled --- bills_text/House-251.txt | 51 +++++++++++++++++----------------------- 1 file changed, 22 insertions(+), 29 deletions(-) diff --git a/bills_text/House-251.txt b/bills_text/House-251.txt index 1e16489..0484580 100644 --- a/bills_text/House-251.txt +++ b/bills_text/House-251.txt @@ -1,45 +1,38 @@ -116th CONGRESS - 1st Session - H. R. 251 + H.R.251 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To extend by two years the Chemical Facility Anti-Terrorism Standards -Program of the Department of Homeland Security, and for other purposes. + To extend by 15 months the Chemical Facility Anti-Terrorism Standards + Program of the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Chemical Facility Anti-Terrorism Standards Program Extension Act''. - SEC. 2. EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM - OF THE DEPARTMENT OF HOMELAND SECURITY. - +OF THE DEPARTMENT OF HOMELAND SECURITY. Section 5 of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 6 U.S.C. 621 note) -is amended by striking ``4 years'' and inserting ``6 years''. - - Passed the House of Representatives January 8, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 251 - -_______________________________________________________________________ +is amended by striking ``4 years'' and inserting ``5 years and 3 +months''. - AN ACT + Speaker of the House of Representatives. - To extend by two years the Chemical Facility Anti-Terrorism Standards -Program of the Department of Homeland Security, and for other purposes. + Vice President of the United States and + President of the Senate. From 782012caa40e70e9f7d6dfcdd43c6ad1f1342012 Mon Sep 17 00:00:00 2001 From: "Rep. Pallone, Frank, Jr. [D-NJ-6]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 007/984] House-259: Introduced to House --- bills_text/House-259.txt | 188 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 188 insertions(+) create mode 100644 bills_text/House-259.txt diff --git a/bills_text/House-259.txt b/bills_text/House-259.txt new file mode 100644 index 0000000..1b5dbaa --- /dev/null +++ b/bills_text/House-259.txt @@ -0,0 +1,188 @@ +116th CONGRESS + 1st Session + H. R. 259 + + To extend the Medicaid Money Follows the Person Rebalancing +demonstration, to extend protection for Medicaid recipients of home and +community-based services against spousal impoverishment, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 4, 2019 + +Mr. Pallone (for himself and Mr. Walden) introduced the following bill; + which was referred to the Committee on Energy and Commerce, and in + addition to the Committee on the Budget, for a period to be +subsequently determined by the Speaker, in each case for consideration + of such provisions as fall within the jurisdiction of the committee + concerned + +_______________________________________________________________________ + + A BILL + + + + To extend the Medicaid Money Follows the Person Rebalancing +demonstration, to extend protection for Medicaid recipients of home and +community-based services against spousal impoverishment, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Medicaid Extenders Act of 2019''. + +SEC. 2. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING + DEMONSTRATION. + + (a) General Funding.--Section 6071(h) of the Deficit Reduction Act +of 2005 (42 U.S.C. 1396a note) is amended-- + (1) in paragraph (1)-- + (A) in subparagraph (D), by striking ``and'' after + the semicolon; + (B) in subparagraph (E), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(F) subject to paragraph (3), $112,000,000 for + fiscal year 2019.''; + (2) in paragraph (2)-- + (A) by striking ``Amounts made'' and inserting + ``Subject to paragraph (3), amounts made''; and + (B) by striking ``September 30, 2016'' and + inserting ``September 30, 2021''; and + (3) by adding at the end the following new paragraph: + ``(3) Special rule for fy 2019.--Funds appropriated under + paragraph (1)(F) shall be made available for grants to States + only if such States have an approved MFP demonstration project + under this section as of December 31, 2018.''. + (b) Funding for Quality Assurance and Improvement; Technical +Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of +2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and +inserting the following: + ``(2) Funding.--From the amounts appropriated under + subsection (h)(1)(F) for fiscal year 2019, $500,000 shall be + available to the Secretary for such fiscal year to carry out + this subsection.''. + (c) Technical Amendment.--Section 6071(b) of the Deficit Reduction +Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the +following: + ``(10) Secretary.--The term `Secretary' means the Secretary + of Health and Human Services.''. + +SEC. 3. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND + COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. + + (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. +1396r-5 note) is amended by striking ``the 5-year period that begins on +January 1, 2014,'' and inserting ``the period beginning on January 1, +2014, and ending on March 31, 2019,''. + (b) Rule of Construction.-- + (1) Protecting state spousal income and asset disregard + flexibility under waivers and plan amendments.--Nothing in + section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or + section 1924 of the Social Security Act (42 U.S.C. 1396r-5) + shall be construed as prohibiting a State from disregarding an + individual's spousal income and assets under a State waiver or + plan amendment described in paragraph (2) for purposes of + making determinations of eligibility for home and community- + based services or home and community-based attendant services + and supports under such waiver or plan amendment. + (2) State waiver or plan amendment described.--A State + waiver or plan amendment described in this paragraph is any of + the following: + (A) A waiver or plan amendment to provide medical + assistance for home and community-based services under + a waiver or plan amendment under subsection (c), (d), + or (i) of section 1915 of the Social Security Act (42 + U.S.C. 1396n) or under section 1115 of such Act (42 + U.S.C. 1315). + (B) A plan amendment to provide medical assistance + for home and community-based services for individuals + by reason of being determined eligible under section + 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) + or by reason of section 1902(f) of such Act (42 U.S.C. + 1396a(f)) or otherwise on the basis of a reduction of + income based on costs incurred for medical or other + remedial care under which the State disregarded the + income and assets of the individual's spouse in + determining the initial and ongoing financial + eligibility of an individual for such services in place + of the spousal impoverishment provisions applied under + section 1924 of such Act (42 U.S.C. 1396r-5). + (C) A plan amendment to provide medical assistance + for home and community-based attendant services and + supports under section 1915(k) of such Act (42 U.S.C. + 1396n(k)). + +SEC. 4. REDUCTION IN FMAP AFTER 2020 FOR STATES WITHOUT ASSET + VERIFICATION PROGRAM. + + Section 1940 of the Social Security Act (42 U.S.C. 1396w) is +amended by adding at the end the following new subsection: + ``(k) Reduction in FMAP After 2020 for Non-Compliant States.-- + ``(1) In general.--With respect to a calendar quarter + beginning on or after January 1, 2021, the Federal medical + assistance percentage otherwise determined under section + 1905(b) for a non-compliant State shall be reduced-- + ``(A) for calendar quarters in 2021 and 2022, by + 0.12 percentage points; + ``(B) for calendar quarters in 2023, by 0.25 + percentage points; + ``(C) for calendar quarters in 2024, by 0.35 + percentage points; and + ``(D) for calendar quarters in 2025 and each year + thereafter, by 0.5 percentage points. + ``(2) Non-compliant state defined.--For purposes of this + subsection, the term `non-compliant State' means a State-- + ``(A) that is one of the 50 States or the District + of Columbia; + ``(B) with respect to which the Secretary has not + approved a State plan amendment submitted under + subsection (a)(2); and + ``(C) that is not operating, on an ongoing basis, + an asset verification program in accordance with this + section.''. + +SEC. 5. MEDICAID IMPROVEMENT FUND. + + Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- +1(b)(1)) is amended by striking ``$31,000,000'' and inserting +``$6,000,000''. + +SEC. 6. BUDGETARY EFFECTS. + + (a) Statutory PAYGO Scorecards.--The budgetary effects of this Act +shall not be entered on either PAYGO scorecard maintained pursuant to +section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. +933(d)). + (b) Senate PAYGO Scorecards.--The budgetary effects of this Act +shall not be entered on any PAYGO scorecard maintained for purposes of +section 4106 of H. Con. Res. 71 (115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(8) of the Balanced Budget and Emergency +Deficit Control Act of 1985, the budgetary effects of this Act shall +not be estimated-- + (1) for purposes of section 251 of the Balanced Budget and + Emergency Deficit Control Act of 1985; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. + (d) PAYGO Annual Report.--For the purposes of the annual report +issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 +(2 U.S.C. 934) after adjournment of the second session of the 115th +Congress, and for determining whether a sequestration order is +necessary under such section, the debit for the budget year on the 5- +year scorecard, if any, and the 10-year scorecard, if any, shall be +deducted from such scorecard in 2019 and added to such scorecard in +2020. + \ No newline at end of file From a1b99d9cd261de9180334f0d36a440b1d1f838a9 Mon Sep 17 00:00:00 2001 From: "Rep. Pallone, Frank, Jr. [D-NJ-6]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 008/984] House-259: Engrossed in House --- bills_text/House-259.txt | 70 ++++++++++++---------------------------- 1 file changed, 20 insertions(+), 50 deletions(-) diff --git a/bills_text/House-259.txt b/bills_text/House-259.txt index 1b5dbaa..c09a1b3 100644 --- a/bills_text/House-259.txt +++ b/bills_text/House-259.txt @@ -2,29 +2,9 @@ 1st Session H. R. 259 - To extend the Medicaid Money Follows the Person Rebalancing -demonstration, to extend protection for Medicaid recipients of home and -community-based services against spousal impoverishment, and for other - purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 4, 2019 - -Mr. Pallone (for himself and Mr. Walden) introduced the following bill; - which was referred to the Committee on Energy and Commerce, and in - addition to the Committee on the Budget, for a period to be -subsequently determined by the Speaker, in each case for consideration - of such provisions as fall within the jurisdiction of the committee - concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -157,32 +137,22 @@ SEC. 5. MEDICAID IMPROVEMENT FUND. 1(b)(1)) is amended by striking ``$31,000,000'' and inserting ``$6,000,000''. -SEC. 6. BUDGETARY EFFECTS. - - (a) Statutory PAYGO Scorecards.--The budgetary effects of this Act -shall not be entered on either PAYGO scorecard maintained pursuant to -section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. -933(d)). - (b) Senate PAYGO Scorecards.--The budgetary effects of this Act -shall not be entered on any PAYGO scorecard maintained for purposes of -section 4106 of H. Con. Res. 71 (115th Congress). - (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of -the Budget Scorekeeping Guidelines set forth in the joint explanatory -statement of the committee of conference accompanying Conference Report -105-217 and section 250(c)(8) of the Balanced Budget and Emergency -Deficit Control Act of 1985, the budgetary effects of this Act shall -not be estimated-- - (1) for purposes of section 251 of the Balanced Budget and - Emergency Deficit Control Act of 1985; and - (2) for purposes of paragraph (4)(C) of section 3 of the - Statutory Pay-As-You-Go Act of 2010 as being included in an - appropriation Act. - (d) PAYGO Annual Report.--For the purposes of the annual report -issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 -(2 U.S.C. 934) after adjournment of the second session of the 115th -Congress, and for determining whether a sequestration order is -necessary under such section, the debit for the budget year on the 5- -year scorecard, if any, and the 10-year scorecard, if any, shall be -deducted from such scorecard in 2019 and added to such scorecard in -2020. - \ No newline at end of file + Passed the House of Representatives January 8, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 259 + +_______________________________________________________________________ + + AN ACT + + To extend the Medicaid Money Follows the Person Rebalancing +demonstration, to extend protection for Medicaid recipients of home and +community-based services against spousal impoverishment, and for other + purposes. From bdfb92d5a68e9e211afb6ce50054e425e0d0c572 Mon Sep 17 00:00:00 2001 From: "Rep. Pallone, Frank, Jr. [D-NJ-6]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 009/984] House-259: Received in Senate --- bills_text/House-259.txt | 26 ++++++++++++-------------- 1 file changed, 12 insertions(+), 14 deletions(-) diff --git a/bills_text/House-259.txt b/bills_text/House-259.txt index c09a1b3..1e7151c 100644 --- a/bills_text/House-259.txt +++ b/bills_text/House-259.txt @@ -2,6 +2,16 @@ 1st Session H. R. 259 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 9, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -141,18 +151,6 @@ SEC. 5. MEDICAID IMPROVEMENT FUND. Attest: - Clerk. -116th CONGRESS - - 1st Session + KAREN L. HAAS, - H. R. 259 - -_______________________________________________________________________ - - AN ACT - - To extend the Medicaid Money Follows the Person Rebalancing -demonstration, to extend protection for Medicaid recipients of home and -community-based services against spousal impoverishment, and for other - purposes. + Clerk. From 0f80d4bf9dcc26844e6c33be7c5b55b033bb1ecd Mon Sep 17 00:00:00 2001 From: "Rep. Pallone, Frank, Jr. [D-NJ-6]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 010/984] House-259: Enrolled --- bills_text/House-259.txt | 203 ++++++++++++++++++--------------------- 1 file changed, 91 insertions(+), 112 deletions(-) diff --git a/bills_text/House-259.txt b/bills_text/House-259.txt index 1e7151c..21c5448 100644 --- a/bills_text/House-259.txt +++ b/bills_text/House-259.txt @@ -1,156 +1,135 @@ -116th CONGRESS - 1st Session - H. R. 259 + H.R.259 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - January 9, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To extend the Medicaid Money Follows the Person Rebalancing demonstration, to extend protection for Medicaid recipients of home and -community-based services against spousal impoverishment, and for other - purposes. + community-based services against spousal impoverishment, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Medicaid Extenders Act of 2019''. - SEC. 2. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING - DEMONSTRATION. - +DEMONSTRATION. (a) General Funding.--Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- - (1) in paragraph (1)-- - (A) in subparagraph (D), by striking ``and'' after - the semicolon; - (B) in subparagraph (E), by striking the period at - the end and inserting ``; and''; and - (C) by adding at the end the following: - ``(F) subject to paragraph (3), $112,000,000 for - fiscal year 2019.''; - (2) in paragraph (2)-- - (A) by striking ``Amounts made'' and inserting - ``Subject to paragraph (3), amounts made''; and - (B) by striking ``September 30, 2016'' and - inserting ``September 30, 2021''; and - (3) by adding at the end the following new paragraph: - ``(3) Special rule for fy 2019.--Funds appropriated under - paragraph (1)(F) shall be made available for grants to States - only if such States have an approved MFP demonstration project - under this section as of December 31, 2018.''. + (1) in paragraph (1)-- + (A) in subparagraph (D), by striking ``and'' after the + semicolon; + (B) in subparagraph (E), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: + ``(F) subject to paragraph (3), $112,000,000 for fiscal + year 2019.''; + (2) in paragraph (2)-- + (A) by striking ``Amounts made'' and inserting ``Subject to + paragraph (3), amounts made''; and + (B) by striking ``September 30, 2016'' and inserting + ``September 30, 2021''; and + (3) by adding at the end the following new paragraph: + ``(3) Special rule for fy 2019.--Funds appropriated under + paragraph (1)(F) shall be made available for grants to States only + if such States have an approved MFP demonstration project under + this section as of December 31, 2018.''. (b) Funding for Quality Assurance and Improvement; Technical Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and inserting the following: - ``(2) Funding.--From the amounts appropriated under - subsection (h)(1)(F) for fiscal year 2019, $500,000 shall be - available to the Secretary for such fiscal year to carry out - this subsection.''. + ``(2) Funding.--From the amounts appropriated under subsection + (h)(1)(F) for fiscal year 2019, $500,000 shall be available to the + Secretary for such fiscal year to carry out this subsection.''. (c) Technical Amendment.--Section 6071(b) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the following: - ``(10) Secretary.--The term `Secretary' means the Secretary - of Health and Human Services.''. - + ``(10) Secretary.--The term `Secretary' means the Secretary of + Health and Human Services.''. SEC. 3. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND - COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. - +COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) is amended by striking ``the 5-year period that begins on January 1, 2014,'' and inserting ``the period beginning on January 1, 2014, and ending on March 31, 2019,''. (b) Rule of Construction.-- - (1) Protecting state spousal income and asset disregard - flexibility under waivers and plan amendments.--Nothing in - section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or - section 1924 of the Social Security Act (42 U.S.C. 1396r-5) - shall be construed as prohibiting a State from disregarding an - individual's spousal income and assets under a State waiver or - plan amendment described in paragraph (2) for purposes of - making determinations of eligibility for home and community- - based services or home and community-based attendant services - and supports under such waiver or plan amendment. - (2) State waiver or plan amendment described.--A State - waiver or plan amendment described in this paragraph is any of - the following: - (A) A waiver or plan amendment to provide medical - assistance for home and community-based services under - a waiver or plan amendment under subsection (c), (d), - or (i) of section 1915 of the Social Security Act (42 - U.S.C. 1396n) or under section 1115 of such Act (42 - U.S.C. 1315). - (B) A plan amendment to provide medical assistance - for home and community-based services for individuals - by reason of being determined eligible under section - 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) - or by reason of section 1902(f) of such Act (42 U.S.C. - 1396a(f)) or otherwise on the basis of a reduction of - income based on costs incurred for medical or other - remedial care under which the State disregarded the - income and assets of the individual's spouse in - determining the initial and ongoing financial - eligibility of an individual for such services in place - of the spousal impoverishment provisions applied under - section 1924 of such Act (42 U.S.C. 1396r-5). - (C) A plan amendment to provide medical assistance - for home and community-based attendant services and - supports under section 1915(k) of such Act (42 U.S.C. - 1396n(k)). - + (1) Protecting state spousal income and asset disregard + flexibility under waivers and plan amendments.--Nothing in section + 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 1924 + of the Social Security Act (42 U.S.C. 1396r-5) shall be construed + as prohibiting a State from disregarding an individual's spousal + income and assets under a State waiver or plan amendment described + in paragraph (2) for purposes of making determinations of + eligibility for home and community-based services or home and + community-based attendant services and supports under such waiver + or plan amendment. + (2) State waiver or plan amendment described.--A State waiver + or plan amendment described in this paragraph is any of the + following: + (A) A waiver or plan amendment to provide medical + assistance for home and community-based services under a waiver + or plan amendment under subsection (c), (d), or (i) of section + 1915 of the Social Security Act (42 U.S.C. 1396n) or under + section 1115 of such Act (42 U.S.C. 1315). + (B) A plan amendment to provide medical assistance for home + and community-based services for individuals by reason of being + determined eligible under section 1902(a)(10)(C) of such Act + (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of + such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a + reduction of income based on costs incurred for medical or + other remedial care under which the State disregarded the + income and assets of the individual's spouse in determining the + initial and ongoing financial eligibility of an individual for + such services in place of the spousal impoverishment provisions + applied under section 1924 of such Act (42 U.S.C. 1396r-5). + (C) A plan amendment to provide medical assistance for home + and community-based attendant services and supports under + section 1915(k) of such Act (42 U.S.C. 1396n(k)). SEC. 4. REDUCTION IN FMAP AFTER 2020 FOR STATES WITHOUT ASSET - VERIFICATION PROGRAM. - +VERIFICATION PROGRAM. Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended by adding at the end the following new subsection: ``(k) Reduction in FMAP After 2020 for Non-Compliant States.-- - ``(1) In general.--With respect to a calendar quarter - beginning on or after January 1, 2021, the Federal medical - assistance percentage otherwise determined under section - 1905(b) for a non-compliant State shall be reduced-- - ``(A) for calendar quarters in 2021 and 2022, by - 0.12 percentage points; - ``(B) for calendar quarters in 2023, by 0.25 - percentage points; - ``(C) for calendar quarters in 2024, by 0.35 - percentage points; and - ``(D) for calendar quarters in 2025 and each year - thereafter, by 0.5 percentage points. - ``(2) Non-compliant state defined.--For purposes of this - subsection, the term `non-compliant State' means a State-- - ``(A) that is one of the 50 States or the District - of Columbia; - ``(B) with respect to which the Secretary has not - approved a State plan amendment submitted under - subsection (a)(2); and - ``(C) that is not operating, on an ongoing basis, - an asset verification program in accordance with this - section.''. - + ``(1) In general.--With respect to a calendar quarter beginning + on or after January 1, 2021, the Federal medical assistance + percentage otherwise determined under section 1905(b) for a non- + compliant State shall be reduced-- + ``(A) for calendar quarters in 2021 and 2022, by 0.12 + percentage points; + ``(B) for calendar quarters in 2023, by 0.25 percentage + points; + ``(C) for calendar quarters in 2024, by 0.35 percentage + points; and + ``(D) for calendar quarters in 2025 and each year + thereafter, by 0.5 percentage points. + ``(2) Non-compliant state defined.--For purposes of this + subsection, the term `non-compliant State' means a State-- + ``(A) that is one of the 50 States or the District of + Columbia; + ``(B) with respect to which the Secretary has not approved + a State plan amendment submitted under subsection (a)(2); and + ``(C) that is not operating, on an ongoing basis, an asset + verification program in accordance with this section.''. SEC. 5. MEDICAID IMPROVEMENT FUND. - Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- 1(b)(1)) is amended by striking ``$31,000,000'' and inserting ``$6,000,000''. - Passed the House of Representatives January 8, 2019. - - Attest: - - KAREN L. HAAS, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 0fac5b2fb781de5cf10d7cd64c61d31c6b22597a Mon Sep 17 00:00:00 2001 From: "Rep. Suozzi, Thomas R. [D-NY-3]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 011/984] House-263: Introduced to House --- bills_text/House-263.txt | 101 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 101 insertions(+) create mode 100644 bills_text/House-263.txt diff --git a/bills_text/House-263.txt b/bills_text/House-263.txt new file mode 100644 index 0000000..c921841 --- /dev/null +++ b/bills_text/House-263.txt @@ -0,0 +1,101 @@ +116th CONGRESS + 1st Session + H. R. 263 + + To rename the Oyster Bay National Wildlife Refuge as the Congressman + Lester Wolff Oyster Bay National Wildlife Refuge. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 4, 2019 + + Mr. Suozzi (for himself, Mr. Rose of New York, Mr. King of New York, +Miss Rice of New York, Ms. Meng, Ms. Velazquez, Mr. Engel, Mrs. Lowey, +and Mr. Tonko) introduced the following bill; which was referred to the + Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To rename the Oyster Bay National Wildlife Refuge as the Congressman + Lester Wolff Oyster Bay National Wildlife Refuge. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. FINDINGS. + + The Congress finds the following: + (1) The Oyster Bay National Wildlife Refuge was created in + 1968. It is located on the north shore of Long Island in + eastern Nassau County, is the largest refuge in the Long Island + National Wildlife Refuge Complex, and receives the most public + use of all the refuges in the Complex. + (2) The State of New York designated Oyster Bay a + significant coastal fish and wildlife habitat. It is especially + important for wintering waterfowl such as black duck, greater + scaup, bufflehead, canvasback and long-tailed ducks. Management + activities include wetland restoration and protection of the + natural shoreline and vegetation. + (3) The refuge is unique in consisting solely of bay bottom + and adjacent shoreline up to the mean high-tide mark. Ninety + percent of New York's commercial oyster harvest comes from the + refuge. Visitors enjoy fishing, wildlife observation, + photography and environmental education. The refuge is truly a + national treasure. + (4) Many visitors are unaware that were it not for the + tireless work and advocacy of then-freshman Congressman Lester + Wolff, this area would today be an 8.5-mile causeway and bridge + across Long Island Sound between Oyster Bay and Rye, New York, + connecting Nassau and Westchester Counties. + (5) The bridge was first proposed by Robert Moses, the + well-known New York City Planner, to divert traffic from New + York City. Former Governor Nelson Rockefeller signed into law + legislation creating the bridge authorized by the New York + State Legislature in 1967. + (6) Congressman Wolff, elected in 1964, quickly decided the + bridge would be an intrusion in a pristine area, and that Long + Island Sound was a very precious resource that was despoiled. + The conservation threats in the mid-1960s were suburban + development, wetland filling, and industrial pollution. The + fight to preserve this land became an enormous political fight + and is considered to be a turning point in New York State's + environmental legacy. + (7) With State and local political and community leaders, + and especially the North Shore leaders and the Committee to + Save the Long Island Sound, Congressman Wolff arranged a + meeting with Department of the Interior representatives and + local leaders where the idea of creating a wildlife refuge from + municipal and privately owned wetlands was created. + (8) The Town of Oyster Bay, in which one end of the bridge + was to be located, deeded 5,000 acres of wetlands to the United + States to be maintained as a Federal wildlife preserve. It was + stipulated that if the Department of the Interior agreed to an + intrusion of the property, it would revert to the town. + Creating a Federal wildlife preserve provided the land with + Federal protection. + (9) Because of the vision, dedication, and perseverance of + Congressman Lester Wolff, all of us and future generations can + enjoy the beauty and magnificence of this refuge. + +SEC. 2. RENAMING THE OYSTER BAY NATIONAL WILDLIFE REFUGE AS THE + CONGRESSMAN LESTER WOLFF OYSTER BAY NATIONAL WILDLIFE + REFUGE. + + (a) Renaming.--The unit of the National Wildlife Refuge System +known as the Oyster Bay National Wildlife Refuge and located near +Oyster Bay, New York, shall be known as the ``Congressman Lester Wolff +Oyster Bay National Wildlife Refuge''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the unit of the National +Wildlife Refuge System known as the Oyster Bay National Wildlife Refuge +is deemed to be a reference to the ``Congressman Lester Wolff Oyster +Bay National Wildlife Refuge''. + \ No newline at end of file From a5fc4c323d0bb90f28b38f1d0e965aad6c9cd40f Mon Sep 17 00:00:00 2001 From: "Rep. Suozzi, Thomas R. [D-NY-3]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 012/984] House-263: Engrossed in House --- bills_text/House-263.txt | 37 +++++++++++++++++++------------------ 1 file changed, 19 insertions(+), 18 deletions(-) diff --git a/bills_text/House-263.txt b/bills_text/House-263.txt index c921841..f6684fe 100644 --- a/bills_text/House-263.txt +++ b/bills_text/House-263.txt @@ -2,25 +2,9 @@ 1st Session H. R. 263 - To rename the Oyster Bay National Wildlife Refuge as the Congressman - Lester Wolff Oyster Bay National Wildlife Refuge. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 4, 2019 - - Mr. Suozzi (for himself, Mr. Rose of New York, Mr. King of New York, -Miss Rice of New York, Ms. Meng, Ms. Velazquez, Mr. Engel, Mrs. Lowey, -and Mr. Tonko) introduced the following bill; which was referred to the - Committee on Natural Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -98,4 +82,21 @@ paper, or other record of the United States to the unit of the National Wildlife Refuge System known as the Oyster Bay National Wildlife Refuge is deemed to be a reference to the ``Congressman Lester Wolff Oyster Bay National Wildlife Refuge''. - \ No newline at end of file + + Passed the House of Representatives November 20, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 263 + +_______________________________________________________________________ + + AN ACT + + To rename the Oyster Bay National Wildlife Refuge as the Congressman + Lester Wolff Oyster Bay National Wildlife Refuge. From d7f0caf63bcdc67f94fe50aa93143466fa34ffbc Mon Sep 17 00:00:00 2001 From: "Rep. Suozzi, Thomas R. [D-NY-3]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 013/984] House-263: Enrolled --- bills_text/House-263.txt | 148 ++++++++++++++++++--------------------- 1 file changed, 68 insertions(+), 80 deletions(-) diff --git a/bills_text/House-263.txt b/bills_text/House-263.txt index f6684fe..1e4e19b 100644 --- a/bills_text/House-263.txt +++ b/bills_text/House-263.txt @@ -1,78 +1,79 @@ -116th CONGRESS - 1st Session - H. R. 263 + H.R.263 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To rename the Oyster Bay National Wildlife Refuge as the Congressman - Lester Wolff Oyster Bay National Wildlife Refuge. + To rename the Oyster Bay National Wildlife Refuge as the Congressman + Lester Wolff Oyster Bay National Wildlife Refuge. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. FINDINGS. - The Congress finds the following: - (1) The Oyster Bay National Wildlife Refuge was created in - 1968. It is located on the north shore of Long Island in - eastern Nassau County, is the largest refuge in the Long Island - National Wildlife Refuge Complex, and receives the most public - use of all the refuges in the Complex. - (2) The State of New York designated Oyster Bay a - significant coastal fish and wildlife habitat. It is especially - important for wintering waterfowl such as black duck, greater - scaup, bufflehead, canvasback and long-tailed ducks. Management - activities include wetland restoration and protection of the - natural shoreline and vegetation. - (3) The refuge is unique in consisting solely of bay bottom - and adjacent shoreline up to the mean high-tide mark. Ninety - percent of New York's commercial oyster harvest comes from the - refuge. Visitors enjoy fishing, wildlife observation, - photography and environmental education. The refuge is truly a - national treasure. - (4) Many visitors are unaware that were it not for the - tireless work and advocacy of then-freshman Congressman Lester - Wolff, this area would today be an 8.5-mile causeway and bridge - across Long Island Sound between Oyster Bay and Rye, New York, - connecting Nassau and Westchester Counties. - (5) The bridge was first proposed by Robert Moses, the - well-known New York City Planner, to divert traffic from New - York City. Former Governor Nelson Rockefeller signed into law - legislation creating the bridge authorized by the New York - State Legislature in 1967. - (6) Congressman Wolff, elected in 1964, quickly decided the - bridge would be an intrusion in a pristine area, and that Long - Island Sound was a very precious resource that was despoiled. - The conservation threats in the mid-1960s were suburban - development, wetland filling, and industrial pollution. The - fight to preserve this land became an enormous political fight - and is considered to be a turning point in New York State's - environmental legacy. - (7) With State and local political and community leaders, - and especially the North Shore leaders and the Committee to - Save the Long Island Sound, Congressman Wolff arranged a - meeting with Department of the Interior representatives and - local leaders where the idea of creating a wildlife refuge from - municipal and privately owned wetlands was created. - (8) The Town of Oyster Bay, in which one end of the bridge - was to be located, deeded 5,000 acres of wetlands to the United - States to be maintained as a Federal wildlife preserve. It was - stipulated that if the Department of the Interior agreed to an - intrusion of the property, it would revert to the town. - Creating a Federal wildlife preserve provided the land with - Federal protection. - (9) Because of the vision, dedication, and perseverance of - Congressman Lester Wolff, all of us and future generations can - enjoy the beauty and magnificence of this refuge. - + (1) The Oyster Bay National Wildlife Refuge was created in + 1968. It is located on the north shore of Long Island in eastern + Nassau County, is the largest refuge in the Long Island National + Wildlife Refuge Complex, and receives the most public use of all + the refuges in the Complex. + (2) The State of New York designated Oyster Bay a significant + coastal fish and wildlife habitat. It is especially important for + wintering waterfowl such as black duck, greater scaup, bufflehead, + canvasback and long-tailed ducks. Management activities include + wetland restoration and protection of the natural shoreline and + vegetation. + (3) The refuge is unique in consisting solely of bay bottom and + adjacent shoreline up to the mean high-tide mark. Ninety percent of + New York's commercial oyster harvest comes from the refuge. + Visitors enjoy fishing, wildlife observation, photography and + environmental education. The refuge is truly a national treasure. + (4) Many visitors are unaware that were it not for the tireless + work and advocacy of then-freshman Congressman Lester Wolff, this + area would today be an 8.5-mile causeway and bridge across Long + Island Sound between Oyster Bay and Rye, New York, connecting + Nassau and Westchester Counties. + (5) The bridge was first proposed by Robert Moses, the well- + known New York City Planner, to divert traffic from New York City. + Former Governor Nelson Rockefeller signed into law legislation + creating the bridge authorized by the New York State Legislature in + 1967. + (6) Congressman Wolff, elected in 1964, quickly decided the + bridge would be an intrusion in a pristine area, and that Long + Island Sound was a very precious resource that was despoiled. The + conservation threats in the mid-1960s were suburban development, + wetland filling, and industrial pollution. The fight to preserve + this land became an enormous political fight and is considered to + be a turning point in New York State's environmental legacy. + (7) With State and local political and community leaders, and + especially the North Shore leaders and the Committee to Save the + Long Island Sound, Congressman Wolff arranged a meeting with + Department of the Interior representatives and local leaders where + the idea of creating a wildlife refuge from municipal and privately + owned wetlands was created. + (8) The Town of Oyster Bay, in which one end of the bridge was + to be located, deeded 5,000 acres of wetlands to the United States + to be maintained as a Federal wildlife preserve. It was stipulated + that if the Department of the Interior agreed to an intrusion of + the property, it would revert to the town. Creating a Federal + wildlife preserve provided the land with Federal protection. + (9) Because of the vision, dedication, and perseverance of + Congressman Lester Wolff, all of us and future generations can + enjoy the beauty and magnificence of this refuge. SEC. 2. RENAMING THE OYSTER BAY NATIONAL WILDLIFE REFUGE AS THE - CONGRESSMAN LESTER WOLFF OYSTER BAY NATIONAL WILDLIFE - REFUGE. - +CONGRESSMAN LESTER WOLFF OYSTER BAY NATIONAL WILDLIFE REFUGE. (a) Renaming.--The unit of the National Wildlife Refuge System known as the Oyster Bay National Wildlife Refuge and located near Oyster Bay, New York, shall be known as the ``Congressman Lester Wolff @@ -83,20 +84,7 @@ Wildlife Refuge System known as the Oyster Bay National Wildlife Refuge is deemed to be a reference to the ``Congressman Lester Wolff Oyster Bay National Wildlife Refuge''. - Passed the House of Representatives November 20, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 263 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To rename the Oyster Bay National Wildlife Refuge as the Congressman - Lester Wolff Oyster Bay National Wildlife Refuge. + Vice President of the United States and + President of the Senate. From 85c71c844fc8bc5f125fee050609d5c3760ae3d0 Mon Sep 17 00:00:00 2001 From: "Rep. McCollum, Betty [D-MN-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 014/984] House-266: Introduced to House --- bills_text/House-266.txt | 3481 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 3481 insertions(+) create mode 100644 bills_text/House-266.txt diff --git a/bills_text/House-266.txt b/bills_text/House-266.txt new file mode 100644 index 0000000..5e59f99 --- /dev/null +++ b/bills_text/House-266.txt @@ -0,0 +1,3481 @@ +116th CONGRESS + 1st Session + H. R. 266 + +Making appropriations for the Department of the Interior, environment, +and related agencies for the fiscal year ending September 30, 2019, and + for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 8, 2019 + + Ms. McCollum introduced the following bill; which was referred to the + Committee on Appropriations + +_______________________________________________________________________ + + A BILL + + + +Making appropriations for the Department of the Interior, environment, +and related agencies for the fiscal year ending September 30, 2019, and + for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, That the following sums +are appropriated, out of any money in the Treasury not otherwise +appropriated, for the Department of the Interior, environment, and +related agencies for the fiscal year ending September 30, 2019, and for +other purposes, namely: + + TITLE I + + DEPARTMENT OF THE INTERIOR + + Bureau of Land Management + + management of lands and resources + + For necessary expenses for protection, use, improvement, +development, disposal, cadastral surveying, classification, acquisition +of easements and other interests in lands, and performance of other +functions, including maintenance of facilities, as authorized by law, +in the management of lands and their resources under the jurisdiction +of the Bureau of Land Management, including the general administration +of the Bureau, and assessment of mineral potential of public lands +pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), +$1,196,143,000, to remain available until expended, including all such +amounts as are collected from permit processing fees, as authorized but +made subject to future appropriation by section 35(d)(3)(A)(i) of the +Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit +processing fees may be used for any bureau-related expenses associated +with the processing of oil and gas applications for permits to drill +and related use of authorizations: Provided, That of the amounts made +available under this heading, $2,000,000 shall be made available to +carry out the Colorado River Basin salinity control program. + In addition, $39,696,000 is for Mining Law Administration program +operations, including the cost of administering the mining claim fee +program, to remain available until expended, to be reduced by amounts +collected by the Bureau and credited to this appropriation from mining +claim maintenance fees and location fees that are hereby authorized for +fiscal year 2019, so as to result in a final appropriation estimated at +not more than $1,196,143,000, and $2,000,000, to remain available until +expended, from communication site rental fees established by the Bureau +for the cost of administering communication site activities. + + land acquisition + + For expenses necessary to carry out sections 205, 206, and 318(d) +of Public Law 94-579, including administrative expenses and acquisition +of lands or waters, or interests therein, $26,016,000, to be derived +from the Land and Water Conservation Fund and to remain available until +expended. + + oregon and california grant lands + + For expenses necessary for management, protection, and development +of resources and for construction, operation, and maintenance of access +roads, reforestation, and other improvements on the revested Oregon and +California Railroad grant lands, on other Federal lands in the Oregon +and California land-grant counties of Oregon, and on adjacent rights- +of-way; and acquisition of lands or interests therein, including +existing connecting roads on or adjacent to such grant lands; +$106,543,000, to remain available until expended: Provided, That 25 +percent of the aggregate of all receipts during the current fiscal year +from the revested Oregon and California Railroad grant lands is hereby +made a charge against the Oregon and California land-grant fund and +shall be transferred to the General Fund in the Treasury in accordance +with the second paragraph of subsection (b) of title II of the Act of +August 28, 1937 (43 U.S.C. 2605). + + range improvements + + For rehabilitation, protection, and acquisition of lands and +interests therein, and improvement of Federal rangelands pursuant to +section 401 of the Federal Land Policy and Management Act of 1976 (43 +U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent +of all moneys received during the prior fiscal year under sections 3 +and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount +designated for range improvements from grazing fees and mineral leasing +receipts from Bankhead-Jones lands transferred to the Department of the +Interior pursuant to law, but not less than $10,000,000, to remain +available until expended: Provided, That not to exceed $600,000 shall +be available for administrative expenses. + + service charges, deposits, and forfeitures + + For administrative expenses and other costs related to processing +application documents and other authorizations for use and disposal of +public lands and resources, for costs of providing copies of official +public land documents, for monitoring construction, operation, and +termination of facilities in conjunction with use authorizations, and +for rehabilitation of damaged property, such amounts as may be +collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under +section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain +available until expended: Provided, That notwithstanding any provision +to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. +1735(a)), any moneys that have been or will be received pursuant to +that section, whether as a result of forfeiture, compromise, or +settlement, if not appropriate for refund pursuant to section 305(c) of +that Act (43 U.S.C. 1735(c)), shall be available and may be expended +under the authority of this Act by the Secretary to improve, protect, +or rehabilitate any public lands administered through the Bureau of +Land Management which have been damaged by the action of a resource +developer, purchaser, permittee, or any unauthorized person, without +regard to whether all moneys collected from each such action are used +on the exact lands damaged which led to the action: Provided further, +That any such moneys that are in excess of amounts needed to repair +damage to the exact land for which funds were collected may be used to +repair other damaged public lands. + + miscellaneous trust funds + + In addition to amounts authorized to be expended under existing +laws, there is hereby appropriated such amounts as may be contributed +under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such +amounts as may be advanced for administrative costs, surveys, +appraisals, and costs of making conveyances of omitted lands under +section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available +until expended. + + administrative provisions + + The Bureau of Land Management may carry out the operations funded +under this Act by direct expenditure, contracts, grants, cooperative +agreements and reimbursable agreements with public and private +entities, including with States. Appropriations for the Bureau shall be +available for purchase, erection, and dismantlement of temporary +structures, and alteration and maintenance of necessary buildings and +appurtenant facilities to which the United States has title; up to +$100,000 for payments, at the discretion of the Secretary, for +information or evidence concerning violations of laws administered by +the Bureau; miscellaneous and emergency expenses of enforcement +activities authorized or approved by the Secretary and to be accounted +for solely on the Secretary's certificate, not to exceed $10,000: +Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the +Bureau may, under cooperative cost-sharing and partnership arrangements +authorized by law, procure printing services from cooperators in +connection with jointly produced publications for which the cooperators +share the cost of printing either in cash or in services, and the +Bureau determines the cooperator is capable of meeting accepted quality +standards: Provided further, That projects to be funded pursuant to a +written commitment by a State government to provide an identified +amount of money in support of the project may be carried out by the +Bureau on a reimbursable basis. Appropriations herein made shall not be +available for the destruction of healthy, unadopted, wild horses and +burros in the care of the Bureau or its contractors or for the sale of +wild horses and burros that results in their destruction for processing +into commercial products. + + United States Fish and Wildlife Service + + resource management + + For necessary expenses of the United States Fish and Wildlife +Service, as authorized by law, and for scientific and economic studies, +general administration, and for the performance of other authorized +functions related to such resources, $1,292,067,000, to remain +available until September 30, 2020: Provided, That not to exceed +$17,818,000 shall be used for implementing subsections (a), (b), (c), +and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. +1533) (except for processing petitions, developing and issuing proposed +and final regulations, and taking any other steps to implement actions +described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)). + + construction + + For construction, improvement, acquisition, or removal of buildings +and other facilities required in the conservation, management, +investigation, protection, and utilization of fish and wildlife +resources, and the acquisition of lands and interests therein; +$50,413,000, to remain available until expended. + + land acquisition + + For expenses necessary to carry out chapter 2003 of title 54, +United States Code, including administrative expenses, and for +acquisition of land or waters, or interest therein, in accordance with +statutory authority applicable to the United States Fish and Wildlife +Service, $45,189,000, to be derived from the Land and Water +Conservation Fund and to remain available until expended: Provided, +That none of the funds appropriated for specific land acquisition +projects may be used to pay for any administrative overhead, planning +or other management costs. + + cooperative endangered species conservation fund + + For expenses necessary to carry out section 6 of the Endangered +Species Act of 1973 (16 U.S.C. 1535), $49,495,000, to remain available +until expended, of which $18,695,000 is to be derived from the +Cooperative Endangered Species Conservation Fund; and of which +$30,800,000 is to be derived from the Land and Water Conservation Fund. + + national wildlife refuge fund + + For expenses necessary to implement the Act of October 17, 1978 (16 +U.S.C. 715s), $13,228,000. + + north american wetlands conservation fund + + For expenses necessary to carry out the provisions of the North +American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), +$43,000,000, to remain available until expended. + + neotropical migratory bird conservation + + For expenses necessary to carry out the Neotropical Migratory Bird +Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain +available until expended. + + multinational species conservation fund + + For expenses necessary to carry out the African Elephant +Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant +Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and +Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape +Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine +Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $12,061,000, +to remain available until expended. + + state and tribal wildlife grants + + For wildlife conservation grants to States and to the District of +Columbia, Puerto Rico, Guam, the United States Virgin Islands, the +Northern Mariana Islands, American Samoa, and Indian tribes under the +provisions of the Fish and Wildlife Act of 1956 and the Fish and +Wildlife Coordination Act, for the development and implementation of +programs for the benefit of wildlife and their habitat, including +species that are not hunted or fished, $65,571,000, to remain available +until expended: Provided, That of the amount provided herein, +$4,209,000 is for a competitive grant program for Indian tribes not +subject to the remaining provisions of this appropriation: Provided +further, That $6,362,000 is for a competitive grant program to +implement approved plans for States, territories, and other +jurisdictions and at the discretion of affected States, the regional +Associations of fish and wildlife agencies, not subject to the +remaining provisions of this appropriation: Provided further, That the +Secretary shall, after deducting $10,571,000 and administrative +expenses, apportion the amount provided herein in the following manner: +(1) to the District of Columbia and to the Commonwealth of Puerto Rico, +each a sum equal to not more than one-half of 1 percent thereof; and +(2) to Guam, American Samoa, the United States Virgin Islands, and the +Commonwealth of the Northern Mariana Islands, each a sum equal to not +more than one-fourth of 1 percent thereof: Provided further, That the +Secretary shall apportion the remaining amount in the following manner: +(1) one-third of which is based on the ratio to which the land area of +such State bears to the total land area of all such States; and (2) +two-thirds of which is based on the ratio to which the population of +such State bears to the total population of all such States: Provided +further, That the amounts apportioned under this paragraph shall be +adjusted equitably so that no State shall be apportioned a sum which is +less than 1 percent of the amount available for apportionment under +this paragraph for any fiscal year or more than 5 percent of such +amount: Provided further, That the Federal share of planning grants +shall not exceed 75 percent of the total costs of such projects and the +Federal share of implementation grants shall not exceed 65 percent of +the total costs of such projects: Provided further, That the non- +Federal share of such projects may not be derived from Federal grant +programs: Provided further, That any amount apportioned in 2019 to any +State, territory, or other jurisdiction that remains unobligated as of +September 30, 2020, shall be reapportioned, together with funds +appropriated in 2021, in the manner provided herein. + + administrative provisions + + The United States Fish and Wildlife Service may carry out the +operations of Service programs by direct expenditure, contracts, +grants, cooperative agreements and reimbursable agreements with public +and private entities. Appropriations and funds available to the United +States Fish and Wildlife Service shall be available for repair of +damage to public roads within and adjacent to reservation areas caused +by operations of the Service; options for the purchase of land at not +to exceed $1 for each option; facilities incident to such public +recreational uses on conservation areas as are consistent with their +primary purpose; and the maintenance and improvement of aquaria, +buildings, and other facilities under the jurisdiction of the Service +and to which the United States has title, and which are used pursuant +to law in connection with management, and investigation of fish and +wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the +Service may, under cooperative cost sharing and partnership +arrangements authorized by law, procure printing services from +cooperators in connection with jointly produced publications for which +the cooperators share at least one-half the cost of printing either in +cash or services and the Service determines the cooperator is capable +of meeting accepted quality standards: Provided further, That the +Service may accept donated aircraft as replacements for existing +aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all +fees collected for non-toxic shot review and approval shall be +deposited under the heading ``United States Fish and Wildlife Service-- +Resource Management'' and shall be available to the Secretary, without +further appropriation, to be used for expenses of processing of such +non-toxic shot type or coating applications and revising regulations as +necessary, and shall remain available until expended. + + National Park Service + + operation of the national park system + + For expenses necessary for the management, operation, and +maintenance of areas and facilities administered by the National Park +Service and for the general administration of the National Park +Service, $2,500,369,000, of which $10,032,000 for planning and +interagency coordination in support of Everglades restoration and +$141,961,000 for maintenance, repair, or rehabilitation projects for +constructed assets and $149,075,000 for cyclic maintenance projects for +constructed assets shall remain available until September 30, 2020: +Provided, That funds appropriated under this heading in this Act are +available for the purposes of section 5 of Public Law 95-348: Provided +further, That notwithstanding section 9(a) of the United States +Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 +Stat. 691), $500,000 of the funds made available under this heading +shall be provided to the organization selected under section 9(b) of +that Act for expenditure by the United States Semiquincentennial +Commission in accordance with that Act. + + national recreation and preservation + + For expenses necessary to carry out recreation programs, natural +programs, cultural programs, heritage partnership programs, +environmental compliance and review, international park affairs, and +grant administration, not otherwise provided for, $64,138,000. + + historic preservation fund + + For expenses necessary in carrying out the National Historic +Preservation Act (division A of subtitle III of title 54, United States +Code), $91,910,000, to be derived from the Historic Preservation Fund +and to remain available until September 30, 2020: Provided , That of +the funds provided for the Historic Preservation Fund, $500,000 is for +competitive grants for the survey and nomination of properties to the +National Register of Historic Places and as National Historic Landmarks +associated with communities currently under-represented, as determined +by the Secretary, $13,000,000 is for competitive grants to preserve the +sites and stories of the Civil Rights movement, $8,000,000 is for +grants to Historically Black Colleges and Universities, and $5,000,000 +is for competitive grants for the restoration of historic properties of +national, State and local significance listed on or eligible for +inclusion on the National Register of Historic Places, to be made +without imposing the usage or direct grant restrictions of section +101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation +Act: Provided further, That such competitive grants shall be made +without imposing the matching requirements in section 302902(b)(3) of +title 54, United States Code, to States and Indian tribes as defined in +chapter 3003 of such title, Native Hawaiian organizations, local +governments, including Certified Local Governments, and non-profit +organizations. + + construction + + For construction, improvements, repair, or replacement of physical +facilities, and compliance and planning for programs and areas +administered by the National Park Service, $364,704,000, to remain +available until expended: Provided, That notwithstanding any other +provision of law, for any project initially funded in fiscal year 2019 +with a future phase indicated in the National Park Service 5-Year Line +Item Construction Plan, a single procurement may be issued which +includes the full scope of the project: Provided further, That the +solicitation and contract shall contain the clause availability of +funds found at 48 CFR 52.232-18: Provided further, That National Park +Service Donations, Park Concessions Franchise Fees, and Recreation Fees +may be made available for the cost of adjustments and changes within +the original scope of effort for projects funded by the National Park +Service Construction appropriation: Provided further, That the +Secretary of the Interior shall consult with the Committees on +Appropriations, in accordance with current reprogramming thresholds, +prior to making any charges authorized by this section. + + land acquisition and state assistance + + For expenses necessary to carry out chapter 2003 of title 54, +United States Code, including administrative expenses, and for +acquisition of lands or waters, or interest therein, in accordance with +the statutory authority applicable to the National Park Service, +$174,444,000, to be derived from the Land and Water Conservation Fund +and to remain available until expended, of which $124,006,000 is for +the State assistance program and of which $15,000,000 shall be for the +American Battlefield Protection Program grants as authorized by chapter +3081 of title 54, United States Code. + + centennial challenge + + For expenses necessary to carry out the provisions of section +101701 of title 54, United States Code, relating to challenge cost +share agreements, $23,000,000, to remain available until expended, for +Centennial Challenge projects and programs: Provided, That not less +than 50 percent of the total cost of each project or program shall be +derived from non-Federal sources in the form of donated cash, assets, +or a pledge of donation guaranteed by an irrevocable letter of credit. + + administrative provisions + + (including transfer of funds) + + In addition to other uses set forth in section 101917(c)(2) of +title 54, United States Code, franchise fees credited to a sub-account +shall be available for expenditure by the Secretary, without further +appropriation, for use at any unit within the National Park System to +extinguish or reduce liability for Possessory Interest or leasehold +surrender interest. Such funds may only be used for this purpose to the +extent that the benefitting unit anticipated franchise fee receipts +over the term of the contract at that unit exceed the amount of funds +used to extinguish or reduce liability. Franchise fees at the +benefitting unit shall be credited to the sub-account of the +originating unit over a period not to exceed the term of a single +contract at the benefitting unit, in the amount of funds so expended to +extinguish or reduce liability. + For the costs of administration of the Land and Water Conservation +Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico +Energy Security Act of 2006 (Public Law 109-432), the National Park +Service may retain up to 3 percent of the amounts which are authorized +to be disbursed under such section, such retained amounts to remain +available until expended. + National Park Service funds may be transferred to the Federal +Highway Administration (FHWA), Department of Transportation, for +purposes authorized under 23 U.S.C. 204. Transfers may include a +reasonable amount for FHWA administrative support costs. + + United States Geological Survey + + surveys, investigations, and research + + For expenses necessary for the United States Geological Survey to +perform surveys, investigations, and research covering topography, +geology, hydrology, biology, and the mineral and water resources of the +United States, its territories and possessions, and other areas as +authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their +mineral and water resources; give engineering supervision to power +permittees and Federal Energy Regulatory Commission licensees; +administer the minerals exploration program (30 U.S.C. 641); conduct +inquiries into the economic conditions affecting mining and materials +processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) +and related purposes as authorized by law; and to publish and +disseminate data relative to the foregoing activities; $1,148,457,000, +to remain available until September 30, 2020; of which $100,000 shall +be made available to the United States Geological Survey Mineral +Resources Program for the development of a map depicting pyrrhotite +occurrences throughout the United States; of which $84,337,000 shall +remain available until expended for satellite operations; and of which +$15,164,000 shall be available until expended for deferred maintenance +and capital improvement projects that exceed $100,000 in cost: +Provided, That none of the funds provided for the ecosystem research +activity shall be used to conduct new surveys on private property, +unless specifically authorized in writing by the property owner: +Provided further, That no part of this appropriation shall be used to +pay more than one-half the cost of topographic mapping or water +resources data collection and investigations carried on in cooperation +with States and municipalities: Provided further, That of the amounts +made available under this heading, not less than $200,000 shall be used +for activities to better understand mechanisms that result in toxins +being present in harmful algal blooms. + + administrative provisions + + From within the amount appropriated for activities of the United +States Geological Survey such sums as are necessary shall be available +for contracting for the furnishing of topographic maps and for the +making of geophysical or other specialized surveys when it is +administratively determined that such procedures are in the public +interest; construction and maintenance of necessary buildings and +appurtenant facilities; acquisition of lands for gauging stations, +observation wells, and seismic equipment; expenses of the United States +National Committee for Geological Sciences; and payment of compensation +and expenses of persons employed by the Survey duly appointed to +represent the United States in the negotiation and administration of +interstate compacts: Provided, That activities funded by +appropriations herein made may be accomplished through the use of +contracts, grants, or cooperative agreements as defined in section 6302 +of title 31, United States Code: Provided further, That the United +States Geological Survey may enter into contracts or cooperative +agreements directly with individuals or indirectly with institutions or +nonprofit organizations, without regard to 41 U.S.C. 6101, for the +temporary or intermittent services of students or recent graduates, who +shall be considered employees for the purpose of chapters 57 and 81 of +title 5, United States Code, relating to compensation for travel and +work injuries, and chapter 171 of title 28, United States Code, +relating to tort claims, but shall not be considered to be Federal +employees for any other purposes. + + Bureau of Ocean Energy Management + + ocean energy management + + For expenses necessary for granting and administering leases, +easements, rights-of-way and agreements for use for oil and gas, other +minerals, energy, and marine-related purposes on the Outer Continental +Shelf and approving operations related thereto, as authorized by law; +for environmental studies, as authorized by law; for implementing other +laws and to the extent provided by Presidential or Secretarial +delegation; and for matching grants or cooperative agreements, +$179,266,000, of which $129,450,000 is to remain available until +September 30, 2020, and of which $49,816,000 is to remain available +until expended: Provided, That this total appropriation shall be +reduced by amounts collected by the Secretary and credited to this +appropriation from additions to receipts resulting from increases to +lease rental rates in effect on August 5, 1993, and from cost recovery +fees from activities conducted by the Bureau of Ocean Energy Management +pursuant to the Outer Continental Shelf Lands Act, including studies, +assessments, analysis, and miscellaneous administrative activities: +Provided further, That the sum herein appropriated shall be reduced as +such collections are received during the fiscal year, so as to result +in a final fiscal year 2019 appropriation estimated at not more than +$129,450,000: Provided further, That not to exceed $3,000 shall be +available for reasonable expenses related to promoting volunteer beach +and marine cleanup activities. + + Bureau of Safety and Environmental Enforcement + + offshore safety and environmental enforcement + + For expenses necessary for the regulation of operations related to +leases, easements, rights-of-way and agreements for use for oil and +gas, other minerals, energy, and marine-related purposes on the Outer +Continental Shelf, as authorized by law; for enforcing and implementing +laws and regulations as authorized by law and to the extent provided by +Presidential or Secretarial delegation; and for matching grants or +cooperative agreements, $145,475,000, of which $121,351,000 is to +remain available until September 30, 2020, and of which $24,124,000 is +to remain available until expended: Provided, That this total +appropriation shall be reduced by amounts collected by the Secretary +and credited to this appropriation from additions to receipts resulting +from increases to lease rental rates in effect on August 5, 1993, and +from cost recovery fees from activities conducted by the Bureau of +Safety and Environmental Enforcement pursuant to the Outer Continental +Shelf Lands Act, including studies, assessments, analysis, and +miscellaneous administrative activities: Provided further, That the +sum herein appropriated shall be reduced as such collections are +received during the fiscal year, so as to result in a final fiscal year +2019 appropriation estimated at not more than $121,351,000. + For an additional amount, $41,765,000, to remain available until +expended, to be reduced by amounts collected by the Secretary and +credited to this appropriation, which shall be derived from non- +refundable inspection fees collected in fiscal year 2019, as provided +in this Act: Provided, That to the extent that amounts realized from +such inspection fees exceed $41,765,000, the amounts realized in excess +of $41,765,000 shall be credited to this appropriation and remain +available until expended: Provided further, That for fiscal year 2019, +not less than 50 percent of the inspection fees expended by the Bureau +of Safety and Environmental Enforcement will be used to fund personnel +and mission-related costs to expand capacity and expedite the orderly +development, subject to environmental safeguards, of the Outer +Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 +U.S.C. 1331 et seq.), including the review of applications for permits +to drill. + + oil spill research + + For necessary expenses to carry out title I, section 1016, title +IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of +the Oil Pollution Act of 1990, $12,700,000, which shall be derived from +the Oil Spill Liability Trust Fund, to remain available until expended. + + Office of Surface Mining Reclamation and Enforcement + + regulation and technology + + For necessary expenses to carry out the provisions of the Surface +Mining Control and Reclamation Act of 1977, Public Law 95-87, +$114,900,000, to remain available until September 30, 2020: Provided, +That appropriations for the Office of Surface Mining Reclamation and +Enforcement may provide for the travel and per diem expenses of State +and tribal personnel attending Office of Surface Mining Reclamation and +Enforcement sponsored training. + In addition, for costs to review, administer, and enforce permits +issued by the Office pursuant to section 507 of Public Law 95-87 (30 +U.S.C. 1257), $40,000, to remain available until expended: Provided, +That fees assessed and collected by the Office pursuant to such section +507 shall be credited to this account as discretionary offsetting +collections, to remain available until expended: Provided further, +That the sum herein appropriated from the general fund shall be reduced +as collections are received during the fiscal year, so as to result in +a fiscal year 2019 appropriation estimated at not more than +$114,900,000. + + abandoned mine reclamation fund + + For necessary expenses to carry out title IV of the Surface Mining +Control and Reclamation Act of 1977, Public Law 95-87, $22,952,000, to +be derived from receipts of the Abandoned Mine Reclamation Fund and to +remain available until expended: Provided, That pursuant to Public Law +97-365, the Department of the Interior is authorized to use up to 20 +percent from the recovery of the delinquent debt owed to the United +States Government to pay for contracts to collect these debts: +Provided further, That funds made available under title IV of Public +Law 95-87 may be used for any required non-Federal share of the cost of +projects funded by the Federal Government for the purpose of +environmental restoration related to treatment or abatement of acid +mine drainage from abandoned mines: Provided further, That such +projects must be consistent with the purposes and priorities of the +Surface Mining Control and Reclamation Act: Provided further, That +amounts provided under this heading may be used for the travel and per +diem expenses of State and tribal personnel attending Office of Surface +Mining Reclamation and Enforcement sponsored training. + In addition, $115,000,000, to remain available until expended, for +grants to States and federally recognized Indian Tribes for reclamation +of abandoned mine lands and other related activities in accordance with +the terms and conditions in Senate report 115-276: Provided, That such +additional amount shall be used for economic and community development +in conjunction with the priorities in section 403(a) of the Surface +Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): +Provided further, That of such additional amount, $75,000,000 shall be +distributed in equal amounts to the 3 Appalachian States with the +greatest amount of unfunded needs to meet the priorities described in +paragraphs (1) and (2) of such section, $30,000,000 shall be +distributed in equal amounts to the 3 Appalachian States with the +subsequent greatest amount of unfunded needs to meet such priorities, +and $10,000,000 shall be for grants to federally recognized Indian +Tribes without regard to their status as certified or uncertified under +the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. +1233(a)), for reclamation of abandoned mine lands and other related +activities in accordance with the terms and conditions in Senate report +115-276 and shall be used for economic and community development in +conjunction with the priorities in section 403(a) of the Surface Mining +Control and Reclamation Act of 1977: Provided further, That such +additional amount shall be allocated to States and Indian Tribes within +60 days after the date of enactment of this Act. + + Bureau of Indian Affairs and Bureau of Indian Education + + operation of indian programs + + (including transfer of funds) + + For expenses necessary for the operation of Indian programs, as +authorized by law, including the Snyder Act of November 2, 1921 (25 +U.S.C. 13), the Indian Self-Determination and Education Assistance Act +of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25 +U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25 +U.S.C. 2501 et seq.), $2,403,890,000, to remain available until +September 30, 2020, except as otherwise provided herein; of which not +to exceed $8,500 may be for official reception and representation +expenses; of which not to exceed $76,000,000 shall be for welfare +assistance payments: Provided, That in cases of designated Federal +disasters, the Secretary may exceed such cap, from the amounts provided +herein, to provide for disaster relief to Indian communities affected +by the disaster: Provided further, That federally recognized Indian +tribes and tribal organizations of federally recognized Indian tribes +may use their tribal priority allocations for unmet welfare assistance +costs: Provided further, That not to exceed $680,673,000 for school +operations costs of Bureau-funded schools and other education programs +shall become available on July 1, 2019, and shall remain available +until September 30, 2020: Provided further, That not to exceed +$54,174,000 shall remain available until expended for housing +improvement, road maintenance, attorney fees, litigation support, land +records improvement, and the Navajo-Hopi Settlement Program: Provided +further, That notwithstanding any other provision of law, including but +not limited to the Indian Self-Determination Act of 1975 (25 U.S.C. +5301 et seq.) and section 1128 of the Education Amendments of 1978 (25 +U.S.C. 2008), not to exceed $81,036,000 within and only from such +amounts made available for school operations shall be available for +administrative cost grants associated with grants approved prior to +July 1, 2019: Provided further, That any forestry funds allocated to a +federally recognized tribe which remain unobligated as of September 30, +2020, may be transferred during fiscal year 2021 to an Indian forest +land assistance account established for the benefit of the holder of +the funds within the holder's trust fund account: Provided further, +That any such unobligated balances not so transferred shall expire on +September 30, 2021: Provided further, That in order to enhance the +safety of Bureau field employees, the Bureau may use funds to purchase +uniforms or other identifying articles of clothing for personnel. + + contract support costs + + For payments to tribes and tribal organizations for contract +support costs associated with Indian Self-Determination and Education +Assistance Act agreements with the Bureau of Indian Affairs for fiscal +year 2019, such sums as may be necessary, which shall be available for +obligation through September 30, 2020: Provided, That notwithstanding +any other provision of law, no amounts made available under this +heading shall be available for transfer to another budget account. + + construction + + (including transfer of funds) + + For construction, repair, improvement, and maintenance of +irrigation and power systems, buildings, utilities, and other +facilities, including architectural and engineering services by +contract; acquisition of lands, and interests in lands; and preparation +of lands for farming, and for construction of the Navajo Indian +Irrigation Project pursuant to Public Law 87-483; $359,419,000, to +remain available until expended: Provided, That such amounts as may be +available for the construction of the Navajo Indian Irrigation Project +may be transferred to the Bureau of Reclamation: Provided further, +That not to exceed 6 percent of contract authority available to the +Bureau of Indian Affairs from the Federal Highway Trust Fund may be +used to cover the road program management costs of the Bureau: +Provided further, That any funds provided for the Safety of Dams +program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall +be made available on a nonreimbursable basis: Provided further, That +for fiscal year 2019, in implementing new construction, replacement +facilities construction, or facilities improvement and repair project +grants in excess of $100,000 that are provided to grant schools under +Public Law 100-297, the Secretary of the Interior shall use the +Administrative and Audit Requirements and Cost Principles for +Assistance Programs contained in part 12 of title 43, Code of Federal +Regulations, as the regulatory requirements: Provided further, That +such grants shall not be subject to section 12.61 of title 43, Code of +Federal Regulations; the Secretary and the grantee shall negotiate and +determine a schedule of payments for the work to be performed: +Provided further, That in considering grant applications, the Secretary +shall consider whether such grantee would be deficient in assuring that +the construction projects conform to applicable building standards and +codes and Federal, tribal, or State health and safety standards as +required by section 1125(b) of title XI of Public Law 95-561 (25 U.S.C. +2005(b)), with respect to organizational and financial management +capabilities: Provided further, That if the Secretary declines a grant +application, the Secretary shall follow the requirements contained in +section 5206(f) of Public Law 100-297 (25 U.S.C. 2504(f)): Provided +further, That any disputes between the Secretary and any grantee +concerning a grant shall be subject to the disputes provision in +section 5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)): Provided +further, That in order to ensure timely completion of construction +projects, the Secretary may assume control of a project and all funds +related to the project, if, within 18 months of the date of enactment +of this Act, any grantee receiving funds appropriated in this Act or in +any prior Act, has not completed the planning and design phase of the +project and commenced construction: Provided further, That this +appropriation may be reimbursed from the Office of the Special Trustee +for American Indians appropriation for the appropriate share of +construction costs for space expansion needed in agency offices to meet +trust reform implementation: Provided further, That of the funds made +available under this heading, $10,000,000 shall be derived from the +Indian Irrigation Fund established by section 3211 of the WIIN Act +(Public Law 114-322; 130 Stat. 1749). + + indian land and water claim settlements and miscellaneous payments to + indians + + For payments and necessary administrative expenses for +implementation of Indian land and water claim settlements pursuant to +Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and +for implementation of other land and water rights settlements, +$55,457,000, to remain available until expended: Provided, That the +Secretary shall make payments in such amounts as necessary to satisfy +the total authorized amount for the Navajo Nation Water Rights Trust +Fund. + + indian guaranteed loan program account + + For the cost of guaranteed loans and insured loans, $9,279,000, of +which $1,252,000 is for administrative expenses, as authorized by the +Indian Financing Act of 1974: Provided, That such costs, including the +cost of modifying such loans, shall be as defined in section 502 of the +Congressional Budget Act of 1974: Provided further, That these funds +are available to subsidize total loan principal, any part of which is +to be guaranteed or insured, not to exceed $123,565,389. + + administrative provisions + + The Bureau of Indian Affairs may carry out the operation of Indian +programs by direct expenditure, contracts, cooperative agreements, +compacts, and grants, either directly or in cooperation with States and +other organizations. + Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of +Indian Affairs may contract for services in support of the management, +operation, and maintenance of the Power Division of the San Carlos +Irrigation Project. + Notwithstanding any other provision of law, no funds available to +the Bureau of Indian Affairs for central office oversight and Executive +Direction and Administrative Services (except executive direction and +administrative services funding for Tribal Priority Allocations, +regional offices, and facilities operations and maintenance) shall be +available for contracts, grants, compacts, or cooperative agreements +with the Bureau of Indian Affairs under the provisions of the Indian +Self-Determination Act or the Tribal Self-Governance Act of 1994 +(Public Law 103-413). + In the event any tribe returns appropriations made available by +this Act to the Bureau of Indian Affairs, this action shall not +diminish the Federal Government's trust responsibility to that tribe, +or the government-to-government relationship between the United States +and that tribe, or that tribe's ability to access future +appropriations. + Notwithstanding any other provision of law, no funds available to +the Bureau of Indian Education, other than the amounts provided herein +for assistance to public schools under 25 U.S.C. 452 et seq., shall be +available to support the operation of any elementary or secondary +school in the State of Alaska. + No funds available to the Bureau of Indian Education shall be used +to support expanded grades for any school or dormitory beyond the grade +structure in place or approved by the Secretary of the Interior at each +school in the Bureau of Indian Education school system as of October 1, +1995, except that the Secretary of the Interior may waive this +prohibition to support expansion of up to one additional grade when the +Secretary determines such waiver is needed to support accomplishment of +the mission of the Bureau of Indian Education, or more than one grade +to expand the elementary grade structure for Bureau-funded schools with +a K-2 grade structure on October 1, 1996. Appropriations made available +in this or any prior Act for schools funded by the Bureau shall be +available, in accordance with the Bureau's funding formula, only to the +schools in the Bureau school system as of September 1, 1996, and to any +school or school program that was reinstated in fiscal year 2012. Funds +made available under this Act may not be used to establish a charter +school at a Bureau-funded school (as that term is defined in section +1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that +a charter school that is in existence on the date of the enactment of +this Act and that has operated at a Bureau-funded school before +September 1, 1999, may continue to operate during that period, but only +if the charter school pays to the Bureau a pro rata share of funds to +reimburse the Bureau for the use of the real and personal property +(including buses and vans), the funds of the charter school are kept +separate and apart from Bureau funds, and the Bureau does not assume +any obligation for charter school programs of the State in which the +school is located if the charter school loses such funding. Employees +of Bureau-funded schools sharing a campus with a charter school and +performing functions related to the charter school's operation and +employees of a charter school shall not be treated as Federal employees +for purposes of chapter 171 of title 28, United States Code. + Notwithstanding any other provision of law, including section 113 +of title I of appendix C of Public Law 106-113, if in fiscal year 2003 +or 2004 a grantee received indirect and administrative costs pursuant +to a distribution formula based on section 5(f) of Public Law 101-301, +the Secretary shall continue to distribute indirect and administrative +cost funds to such grantee using the section 5(f) distribution formula. + Funds available under this Act may not be used to establish +satellite locations of schools in the Bureau school system as of +September 1, 1996, except that the Secretary may waive this prohibition +in order for an Indian tribe to provide language and cultural immersion +educational programs for non-public schools located within the +jurisdictional area of the tribal government which exclusively serve +tribal members, do not include grades beyond those currently served at +the existing Bureau-funded school, provide an educational environment +with educator presence and academic facilities comparable to the +Bureau-funded school, comply with all applicable Tribal, Federal, or +State health and safety standards, and the Americans with Disabilities +Act, and demonstrate the benefits of establishing operations at a +satellite location in lieu of incurring extraordinary costs, such as +for transportation or other impacts to students such as those caused by +busing students extended distances: Provided, That no funds available +under this Act may be used to fund operations, maintenance, +rehabilitation, construction or other facilities-related costs for such +assets that are not owned by the Bureau: Provided further, That the +term ``satellite school'' means a school location physically separated +from the existing Bureau school by more than 50 miles but that forms +part of the existing school in all other respects. + + Departmental Offices + + Office of the Secretary + + departmental operations + + (including transfer of funds) + + For necessary expenses for management of the Department of the +Interior and for grants and cooperative agreements, as authorized by +law, $131,673,000, to remain available until September 30, 2020; of +which not to exceed $15,000 may be for official reception and +representation expenses; and of which up to $1,000,000 shall be +available for workers compensation payments and unemployment +compensation payments associated with the orderly closure of the United +States Bureau of Mines; and of which $9,000,000 for the Office of +Valuation Services is to be derived from the Land and Water +Conservation Fund and shall remain available until expended; and of +which $9,704,000 for Indian land, mineral, and resource valuation +activities shall remain available until expended: Provided, That funds +for Indian land, mineral, and resource valuation activities may, as +needed, be transferred to and merged with the Bureau of Indian Affairs +and Bureau of Indian Education ``Operation of Indian Programs'' account +and the Office of the Special Trustee for American Indians ``Federal +Trust Programs'' account: Provided further, That funds made available +through contracts or grants obligated during fiscal year 2019, as +authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 +et seq.), shall remain available until expended by the contractor or +grantee: Provided further, That within available amounts provided under +this heading, the Secretary of the Interior shall designate the rest +area bound by Alexandria Avenue, West Boulevard Drive, and the George +Washington Memorial Parkway on the Mount Vernon Trail within the George +Washington Memorial Parkway as the ``Peter B. Webster III Memorial +Area'' and any reference in a law, map regulation, document, paper, or +other record of the United States to the rest area shall be deemed to +be a reference to the ``Peter B. Webster III Memorial Area''; Provided +further, That the Secretary of the Interior shall accept and expend +private contributions for the design, procurement, preparation, and +installation of a plaque honoring Peter B. Webster III on the condition +that the Director of the National Park Service shall approve the design +and placement of the plaque: Provided further, That of the amounts made +available under this heading, $400,000 shall be made available to the +commission established by section 3(a) of the Alyce Spotted Bear and +Walter Soboleff Commission on Native Children Act (Public Law 114-244; +130 Stat. 981). + + administrative provisions + + For fiscal year 2019, up to $400,000 of the payments authorized by +chapter 69 of title 31, United States Code, may be retained for +administrative expenses of the Payments in Lieu of Taxes Program: +Provided, That the amounts provided under this Act specifically for the +Payments in Lieu of Taxes program are the only amounts available for +payments authorized under chapter 69 of title 31, United States Code: +Provided further, That in the event the sums appropriated for any +fiscal year for payments pursuant to this chapter are insufficient to +make the full payments authorized by that chapter to all units of local +government, then the payment to each local government shall be made +proportionally: Provided further, That the Secretary may make +adjustments to payment to individual units of local government to +correct for prior overpayments or underpayments: Provided further, +That no payment shall be made pursuant to that chapter to otherwise +eligible units of local government if the computed amount of the +payment is less than $100. + + Insular Affairs + + assistance to territories + + For expenses necessary for assistance to territories under the +jurisdiction of the Department of the Interior and other jurisdictions +identified in section 104(e) of Public Law 108-188, $100,688,000, of +which: (1) $91,240,000 shall remain available until expended for +territorial assistance, including general technical assistance, +maintenance assistance, disaster assistance, coral reef initiative +activities, and brown tree snake control and research; grants to the +judiciary in American Samoa for compensation and expenses, as +authorized by law (48 U.S.C. 1661(c)); grants to the Government of +American Samoa, in addition to current local revenues, for construction +and support of governmental functions; grants to the Government of the +Virgin Islands, as authorized by law; grants to the Government of Guam, +as authorized by law; and grants to the Government of the Northern +Mariana Islands , as authorized by law (Public Law 94-241; 90 Stat. +272); and (2) $9,448,000 shall be available until September 30, 2020, +for salaries and expenses of the Office of Insular Affairs: Provided, +That all financial transactions of the territorial and local +governments herein provided for, including such transactions of all +agencies or instrumentalities established or used by such governments, +may be audited by the Government Accountability Office, at its +discretion, in accordance with chapter 35 of title 31, United States +Code: Provided further, That Northern Mariana Islands Covenant grant +funding shall be provided according to those terms of the Agreement of +the Special Representatives on Future United States Financial +Assistance for the Northern Mariana Islands approved by Public Law 104- +134: Provided further, That the funds for the program of operations +and maintenance improvement are appropriated to institutionalize +routine operations and maintenance improvement of capital +infrastructure with territorial participation and cost sharing to be +determined by the Secretary based on the grantee's commitment to timely +maintenance of its capital assets: Provided further, That any +appropriation for disaster assistance under this heading in this Act or +previous appropriations Acts may be used as non-Federal matching funds +for the purpose of hazard mitigation grants provided pursuant to +section 404 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5170c). + + compact of free association + + For grants and necessary expenses, $3,563,000, to remain available +until expended, as provided for in sections 221(a)(2) and 233 of the +Compact of Free Association for the Republic of Palau; and section +221(a)(2) of the Compacts of Free Association for the Government of the +Republic of the Marshall Islands and the Federated States of +Micronesia, as authorized by Public Law 99-658 and Public Law 108-188. + + Administrative Provisions + + (including transfer of funds) + + At the request of the Governor of Guam, the Secretary may transfer +discretionary funds or mandatory funds provided under section 104(e) of +Public Law 108-188 and Public Law 104-134, that are allocated for Guam, +to the Secretary of Agriculture for the subsidy cost of direct or +guaranteed loans, plus not to exceed three percent of the amount of the +subsidy transferred for the cost of loan administration, for the +purposes authorized by the Rural Electrification Act of 1936 and +section 306(a)(1) of the Consolidated Farm and Rural Development Act +for construction and repair projects in Guam, and such funds shall +remain available until expended: Provided, That such costs, including +the cost of modifying such loans, shall be as defined in section 502 of +the Congressional Budget Act of 1974: Provided further, That such +loans or loan guarantees may be made without regard to the population +of the area, credit elsewhere requirements, and restrictions on the +types of eligible entities under the Rural Electrification Act of 1936 +and section 306(a)(1) of the Consolidated Farm and Rural Development +Act: Provided further, That any funds transferred to the Secretary of +Agriculture shall be in addition to funds otherwise made available to +make or guarantee loans under such authorities. + + Office of the Solicitor + + salaries and expenses + + For necessary expenses of the Office of the Solicitor, $65,674,000. + + Office of Inspector General + + salaries and expenses + + For necessary expenses of the Office of Inspector General, +$52,486,000. + + Office of the Special Trustee for American Indians + + federal trust programs + + (including transfer of funds) + + For the operation of trust programs for Indians by direct +expenditure, contracts, cooperative agreements, compacts, and grants, +$112,380,000, to remain available until expended, of which not to +exceed $19,016,000 from this or any other Act, may be available for +historical accounting: Provided, That funds for trust management +improvements and litigation support may, as needed, be transferred to +or merged with the Bureau of Indian Affairs and Bureau of Indian +Education, ``Operation of Indian Programs'' account; the Office of the +Solicitor, ``Salaries and Expenses'' account; and the Office of the +Secretary, ``Departmental Operations'' account: Provided further, That +funds made available through contracts or grants obligated during +fiscal year 2019, as authorized by the Indian Self-Determination Act of +1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by +the contractor or grantee: Provided further, That notwithstanding any +other provision of law, the Secretary shall not be required to provide +a quarterly statement of performance for any Indian trust account that +has not had activity for at least 15 months and has a balance of $15 or +less: Provided further, That the Secretary shall issue an annual +account statement and maintain a record of any such accounts and shall +permit the balance in each such account to be withdrawn upon the +express written request of the account holder: Provided further, That +not to exceed $50,000 is available for the Secretary to make payments +to correct administrative errors of either disbursements from or +deposits to Individual Indian Money or Tribal accounts after September +30, 2002: Provided further, That erroneous payments that are recovered +shall be credited to and remain available in this account for this +purpose: Provided further, That the Secretary shall not be required to +reconcile Special Deposit Accounts with a balance of less than $500 +unless the Office of the Special Trustee receives proof of ownership +from a Special Deposit Accounts claimant: Provided further, That +notwithstanding section 102 of the American Indian Trust Fund +Management Reform Act of 1994 (Public Law 103-412) or any other +provision of law, the Secretary may aggregate the trust accounts of +individuals whose whereabouts are unknown for a continuous period of at +least five years and shall not be required to generate periodic +statements of performance for the individual accounts: Provided +further, That with respect to the eighth proviso, the Secretary shall +continue to maintain sufficient records to determine the balance of the +individual accounts, including any accrued interest and income, and +such funds shall remain available to the individual account holders. + + Department-wide Programs + + wildland fire management + + (including transfers of funds) + + For necessary expenses for fire preparedness, fire suppression +operations, fire science and research, emergency rehabilitation, fuels +management activities, and rural fire assistance by the Department of +the Interior, $1,116,076,000, to remain available until expended, of +which not to exceed $18,427,000 shall be for the renovation or +construction of fire facilities: Provided, That such funds are also +available for repayment of advances to other appropriation accounts +from which funds were previously transferred for such purposes: +Provided further, That of the funds provided $188,000,000 is for fuels +management activities: Provided further, That of the funds provided +$20,470,000 is for burned area rehabilitation: Provided further, That +persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence +and lodging without cost from funds available from this appropriation: +Provided further, That notwithstanding 42 U.S.C. 1856d, sums received +by a bureau or office of the Department of the Interior for fire +protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of +United States property, may be credited to the appropriation from which +funds were expended to provide that protection, and are available +without fiscal year limitation: Provided further, That using the +amounts designated under this title of this Act, the Secretary of the +Interior may enter into procurement contracts, grants, or cooperative +agreements, for fuels management activities, and for training and +monitoring associated with such fuels management activities on Federal +land, or on adjacent non-Federal land for activities that benefit +resources on Federal land: Provided further, That the costs of +implementing any cooperative agreement between the Federal Government +and any non-Federal entity may be shared, as mutually agreed on by the +affected parties: Provided further, That notwithstanding requirements +of the Competition in Contracting Act, the Secretary, for purposes of +fuels management activities, may obtain maximum practicable competition +among: (1) local private, nonprofit, or cooperative entities; (2) Youth +Conservation Corps crews, Public Lands Corps (Public Law 109-154), or +related partnerships with State, local, or nonprofit youth groups; (3) +small or micro-businesses; or (4) other entities that will hire or +train locally a significant percentage, defined as 50 percent or more, +of the project workforce to complete such contracts: Provided further, +That in implementing this section, the Secretary shall develop written +guidance to field units to ensure accountability and consistent +application of the authorities provided herein: Provided further, That +funds appropriated under this heading may be used to reimburse the +United States Fish and Wildlife Service and the National Marine +Fisheries Service for the costs of carrying out their responsibilities +under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to +consult and conference, as required by section 7 of such Act, in +connection with wildland fire management activities: Provided further, +That the Secretary of the Interior may use wildland fire appropriations +to enter into leases of real property with local governments, at or +below fair market value, to construct capitalized improvements for fire +facilities on such leased properties, including but not limited to fire +guard stations, retardant stations, and other initial attack and fire +support facilities, and to make advance payments for any such lease or +for construction activity associated with the lease: Provided further, +That the Secretary of the Interior and the Secretary of Agriculture may +authorize the transfer of funds appropriated for wildland fire +management, in an aggregate amount not to exceed $50,000,000, between +the Departments when such transfers would facilitate and expedite +wildland fire management programs and projects: Provided further, That +funds provided for wildfire suppression shall be available for support +of Federal emergency response actions: Provided further, That funds +appropriated under this heading shall be available for assistance to or +through the Department of State in connection with forest and rangeland +research, technical information, and assistance in foreign countries, +and, with the concurrence of the Secretary of State, shall be available +to support forestry, wildland fire management, and related natural +resource activities outside the United States and its territories and +possessions, including technical assistance, education and training, +and cooperation with United States and international organizations. + + central hazardous materials fund + + For necessary expenses of the Department of the Interior and any of +its component offices and bureaus for the response action, including +associated activities, performed pursuant to the Comprehensive +Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 +et seq.), $10,010,000, to remain available until expended. + + Natural Resource Damage Assessment and Restoration + + natural resource damage assessment fund + + To conduct natural resource damage assessment, restoration +activities, and onshore oil spill preparedness by the Department of the +Interior necessary to carry out the provisions of the Comprehensive +Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 +et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et +seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 +U.S.C. 100721 et seq., $7,767,000, to remain available until expended. + + working capital fund + + For the operation and maintenance of a departmental financial and +business management system, information technology improvements of +general benefit to the Department, cybersecurity, and the consolidation +of facilities and operations throughout the Department, $56,735,000, to +remain available until expended: Provided, That none of the funds +appropriated in this Act or any other Act may be used to establish +reserves in the Working Capital Fund account other than for accrued +annual leave and depreciation of equipment without prior approval of +the Committees on Appropriations of the House of Representatives and +the Senate: Provided further, That the Secretary may assess reasonable +charges to State, local and tribal government employees for training +services provided by the National Indian Program Training Center, other +than training related to Public Law 93-638: Provided further, That the +Secretary may lease or otherwise provide space and related facilities, +equipment or professional services of the National Indian Program +Training Center to State, local and tribal government employees or +persons or organizations engaged in cultural, educational, or +recreational activities (as defined in section 3306(a) of title 40, +United States Code) at the prevailing rate for similar space, +facilities, equipment, or services in the vicinity of the National +Indian Program Training Center: Provided further, That all funds +received pursuant to the two preceding provisos shall be credited to +this account, shall be available until expended, and shall be used by +the Secretary for necessary expenses of the National Indian Program +Training Center: Provided further, That the Secretary may enter into +grants and cooperative agreements to support the Office of Natural +Resource Revenue's collection and disbursement of royalties, fees, and +other mineral revenue proceeds, as authorized by law. + + administrative provision + + There is hereby authorized for acquisition from available resources +within the Working Capital Fund, aircraft which may be obtained by +donation, purchase or through available excess surplus property: +Provided, That existing aircraft being replaced may be sold, with +proceeds derived or trade-in value used to offset the purchase price +for the replacement aircraft. + + office of natural resources revenue + + For necessary expenses for management of the collection and +disbursement of royalties, fees, and other mineral revenue proceeds, +and for grants and cooperative agreements, as authorized by law, +$137,505,000, to remain available until September 30, 2020; of which +$41,727,000 shall remain available until expended for the purpose of +mineral revenue management activities: Provided, That notwithstanding +any other provision of law, $15,000 shall be available for refunds of +overpayments in connection with certain Indian leases in which the +Secretary concurred with the claimed refund due, to pay amounts owed to +Indian allottees or tribes, or to correct prior unrecoverable erroneous +payments. + + General Provisions, Department of the Interior + + (including transfers of funds) + + emergency transfer authority--intra-bureau + + Sec. 101. Appropriations made in this title shall be available for +expenditure or transfer (within each bureau or office), with the +approval of the Secretary, for the emergency reconstruction, +replacement, or repair of aircraft, buildings, utilities, or other +facilities or equipment damaged or destroyed by fire, flood, storm, or +other unavoidable causes: Provided, That no funds shall be made +available under this authority until funds specifically made available +to the Department of the Interior for emergencies shall have been +exhausted: Provided further, That all funds used pursuant to this +section must be replenished by a supplemental appropriation, which must +be requested as promptly as possible. + + emergency transfer authority--department-wide + + Sec. 102. The Secretary may authorize the expenditure or transfer +of any no year appropriation in this title, in addition to the amounts +included in the budget programs of the several agencies, for the +suppression or emergency prevention of wildland fires on or threatening +lands under the jurisdiction of the Department of the Interior; for the +emergency rehabilitation of burned-over lands under its jurisdiction; +for emergency actions related to potential or actual earthquakes, +floods, volcanoes, storms, or other unavoidable causes; for contingency +planning subsequent to actual oil spills; for response and natural +resource damage assessment activities related to actual oil spills or +releases of hazardous substances into the environment; for the +prevention, suppression, and control of actual or potential grasshopper +and Mormon cricket outbreaks on lands under the jurisdiction of the +Secretary, pursuant to the authority in section 417(b) of Public Law +106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under +section 410 of Public Law 95-87; and shall transfer, from any no year +funds available to the Office of Surface Mining Reclamation and +Enforcement, such funds as may be necessary to permit assumption of +regulatory authority in the event a primacy State is not carrying out +the regulatory provisions of the Surface Mining Act: Provided, That +appropriations made in this title for wildland fire operations shall be +available for the payment of obligations incurred during the preceding +fiscal year, and for reimbursement to other Federal agencies for +destruction of vehicles, aircraft, or other equipment in connection +with their use for wildland fire operations, with such reimbursement to +be credited to appropriations currently available at the time of +receipt thereof: Provided further, That for wildland fire operations, +no funds shall be made available under this authority until the +Secretary determines that funds appropriated for ``wildland fire +suppression'' shall be exhausted within 30 days: Provided further, +That all funds used pursuant to this section must be replenished by a +supplemental appropriation, which must be requested as promptly as +possible: Provided further, That such replenishment funds shall be +used to reimburse, on a pro rata basis, accounts from which emergency +funds were transferred. + + authorized use of funds + + Sec. 103. Appropriations made to the Department of the Interior in +this title shall be available for services as authorized by section +3109 of title 5, United States Code, when authorized by the Secretary, +in total amount not to exceed $500,000; purchase and replacement of +motor vehicles, including specially equipped law enforcement vehicles; +hire, maintenance, and operation of aircraft; hire of passenger motor +vehicles; purchase of reprints; payment for telephone service in +private residences in the field, when authorized under regulations +approved by the Secretary; and the payment of dues, when authorized by +the Secretary, for library membership in societies or associations +which issue publications to members only or at a price to members lower +than to subscribers who are not members. + + authorized use of funds, indian trust management + + Sec. 104. Appropriations made in this Act under the headings +Bureau of Indian Affairs and Bureau of Indian Education, and Office of +the Special Trustee for American Indians and any unobligated balances +from prior appropriations Acts made under the same headings shall be +available for expenditure or transfer for Indian trust management and +reform activities. Total funding for historical accounting activities +shall not exceed amounts specifically designated in this Act for such +purpose. + + redistribution of funds, bureau of indian affairs + + Sec. 105. Notwithstanding any other provision of law, the +Secretary of the Interior is authorized to redistribute any Tribal +Priority Allocation funds, including tribal base funds, to alleviate +tribal funding inequities by transferring funds to address identified, +unmet needs, dual enrollment, overlapping service areas or inaccurate +distribution methodologies. No tribe shall receive a reduction in +Tribal Priority Allocation funds of more than 10 percent in fiscal year +2019. Under circumstances of dual enrollment, overlapping service areas +or inaccurate distribution methodologies, the 10 percent limitation +does not apply. + + ellis, governors, and liberty islands + + Sec. 106. Notwithstanding any other provision of law, the +Secretary of the Interior is authorized to acquire lands, waters, or +interests therein including the use of all or part of any pier, dock, +or landing within the State of New York and the State of New Jersey, +for the purpose of operating and maintaining facilities in the support +of transportation and accommodation of visitors to Ellis, Governors, +and Liberty Islands, and of other program and administrative +activities, by donation or with appropriated funds, including franchise +fees (and other monetary consideration), or by exchange; and the +Secretary is authorized to negotiate and enter into leases, subleases, +concession contracts or other agreements for the use of such facilities +on such terms and conditions as the Secretary may determine reasonable. + + outer continental shelf inspection fees + + Sec. 107. (a) In fiscal year 2019, the Secretary shall collect a +nonrefundable inspection fee, which shall be deposited in the +``Offshore Safety and Environmental Enforcement'' account, from the +designated operator for facilities subject to inspection under 43 +U.S.C. 1348(c). + (b) Annual fees shall be collected for facilities that are above +the waterline, excluding drilling rigs, and are in place at the start +of the fiscal year. Fees for fiscal year 2019 shall be: + (1) $10,500 for facilities with no wells, but with + processing equipment or gathering lines; + (2) $17,000 for facilities with 1 to 10 wells, with any + combination of active or inactive wells; and + (3) $31,500 for facilities with more than 10 wells, with + any combination of active or inactive wells. + (c) Fees for drilling rigs shall be assessed for all inspections +completed in fiscal year 2019. Fees for fiscal year 2019 shall be: + (1) $30,500 per inspection for rigs operating in water + depths of 500 feet or more; and + (2) $16,700 per inspection for rigs operating in water + depths of less than 500 feet. + (d) The Secretary shall bill designated operators under subsection +(b) within 60 days, with payment required within 30 days of billing. +The Secretary shall bill designated operators under subsection (c) +within 30 days of the end of the month in which the inspection +occurred, with payment required within 30 days of billing. + + bureau of ocean energy management, regulation and enforcement + reorganization + + Sec. 108. The Secretary of the Interior, in order to implement a +reorganization of the Bureau of Ocean Energy Management, Regulation and +Enforcement, may transfer funds among and between the successor offices +and bureaus affected by the reorganization only in conformance with the +reprogramming guidelines described in Senate report 115-276. + + contracts and agreements for wild horse and burro holding facilities + + Sec. 109. Notwithstanding any other provision of this Act, the +Secretary of the Interior may enter into multiyear cooperative +agreements with nonprofit organizations and other appropriate entities, +and may enter into multiyear contracts in accordance with the +provisions of section 3903 of title 41, United States Code (except that +the 5-year term restriction in subsection (a) shall not apply), for the +long-term care and maintenance of excess wild free roaming horses and +burros by such organizations or entities on private land. Such +cooperative agreements and contracts may not exceed 10 years, subject +to renewal at the discretion of the Secretary. + + mass marking of salmonids + + Sec. 110. The United States Fish and Wildlife Service shall, in +carrying out its responsibilities to protect threatened and endangered +species of salmon, implement a system of mass marking of salmonid +stocks, intended for harvest, that are released from federally operated +or federally financed hatcheries including but not limited to fish +releases of coho, chinook, and steelhead species. Marked fish must have +a visible mark that can be readily identified by commercial and +recreational fishers. + + contracts and agreements with indian affairs + + Sec. 111. Notwithstanding any other provision of law, during +fiscal year 2019, in carrying out work involving cooperation with +State, local, and tribal governments or any political subdivision +thereof, Indian Affairs may record obligations against accounts +receivable from any such entities, except that total obligations at the +end of the fiscal year shall not exceed total budgetary resources +available at the end of the fiscal year. + + humane transfer of excess animals + + Sec. 112. Notwithstanding any other provision of law, the +Secretary of the Interior may transfer excess wild horses or burros +that have been removed from the public lands to other Federal, State, +and local government agencies for use as work animals: Provided, That +the Secretary may make any such transfer immediately upon request of +such Federal, State, or local government agency: Provided further, +That any excess animal transferred under this provision shall lose its +status as a wild free-roaming horse or burro as defined in the Wild +Free-Roaming Horses and Burros Act: Provided further, That any +Federal, State, or local government agency receiving excess wild horses +or burros as authorized in this section shall not: destroy the horses +or burros in a way that results in their destruction into commercial +products; sell or otherwise transfer the horses or burros in a way that +results in their destruction for processing into commercial products; +or euthanize the horses or burros except upon the recommendation of a +licensed veterinarian, in cases of severe injury, illness, or advanced +age. + + department of the interior experienced services program + + Sec. 113. (a) Notwithstanding any other provision of law relating +to Federal grants and cooperative agreements, the Secretary of the +Interior is authorized to make grants to, or enter into cooperative +agreements with, private nonprofit organizations designated by the +Secretary of Labor under title V of the Older Americans Act of 1965 to +utilize the talents of older Americans in programs authorized by other +provisions of law administered by the Secretary and consistent with +such provisions of law. + (b) Prior to awarding any grant or agreement under subsection (a), +the Secretary shall ensure that the agreement would not-- + (1) result in the displacement of individuals currently + employed by the Department, including partial displacement + through reduction of non-overtime hours, wages, or employment + benefits; + (2) result in the use of an individual under the Department + of the Interior Experienced Services Program for a job or + function in a case in which a Federal employee is in a layoff + status from the same or substantially equivalent job within the + Department; or + (3) affect existing contracts for services. + + payments in lieu of taxes (pilt) + + Sec. 114. Section 6906 of title 31, United States Code, is amended +by striking ``fiscal year 2018'' and inserting ``fiscal year 2019''. + + sage-grouse + + Sec. 115. None of the funds made available by this or any other +Act may be used by the Secretary of the Interior to write or issue +pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. +1533)-- + (1) a proposed rule for greater sage-grouse (Centrocercus + urophasianus); + (2) a proposed rule for the Columbia basin distinct + population segment of greater sage-grouse. + + technical correction + + Sec. 116. Division II of Public Law 104-333 (54 U.S.C. 320101 +note), as amended by section 116(b)(2) of Public Law 114-113, is +amended in each of sections 208, 310, and 607, by striking ``2017'' and +inserting ``2019''. + + damage to department of the interior facilities by volcanic eruption + + Sec. 117. (a) Not later than 60 days after the date of enactment +of this Act, the Secretary of the Interior shall submit to Congress a +report on each facility and related infrastructure of the Department of +the Interior damaged by a volcanic eruption covered by a major disaster +declared by the President in calendar year 2018 in accordance with +section 401 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5170) (referred to in this section as a +``covered facility''). + (b) The report submitted under subsection (a) shall include-- + (1) an inventory of all covered facilities; + (2) a description of-- + (A) any closures of covered facilities; and + (B) the estimated impact on visitorship to covered + facilities open to the public as a result of a volcanic + eruption; and + (3) a plan-- + (A) to restore or replace covered facilities; and + (B) to restore visitorship levels to covered + facilities open to the public to historic visitorship + levels. + (c) In preparing the plan required under subsection (b)(3), the +Secretary of the Interior shall-- + (1) engage the community in which the covered facility is + located, including the State and units of local government; and + (2) include the estimated costs of carrying out the + activities described in the plan. + Sec. 118. (a) There are appropriated under the heading ``Operation +of Indian Programs'' under the heading ``Bureau of Indian Affairs and +Bureau of Indian Education'', in addition to any other amounts made +available under such heading and in order to provide additional funding +for hiring staff for tribal detention facilities, including addressing +the needs of newly funded tribal detention facilities, $2,000,000, to +remain available until September 30, 2020. + (b) Notwithstanding any other provision of this Act, the total +amount appropriated under the heading ``Working Capital Fund'' for the +Department of the Interior is hereby reduced by $2,000,000. + + TITLE II + + ENVIRONMENTAL PROTECTION AGENCY + + Science and Technology + + (including rescission of funds) + + For science and technology, including research and development +activities, which shall include research and development activities +under the Comprehensive Environmental Response, Compensation, and +Liability Act of 1980; necessary expenses for personnel and related +costs and travel expenses; procurement of laboratory equipment and +supplies; and other operating expenses in support of research and +development, $717,723,000, to remain available until September 30, +2020: Provided, That of the funds included under this heading, +$5,000,000 shall be for Research: National Priorities as specified in +Senate report 115-276: Provided further, That of unobligated balances +from appropriations made available under this heading, $11,250,000 are +permanently rescinded: Provided further, That no amounts may be +rescinded pursuant to the preceding proviso from amounts made available +in the first proviso for Research: National Priorities: Provided +further, That of the amounts made available under this heading, not +less than $5,000,000 shall be used to investigate health impacts from +exposure to harmful algal blooms and cyanobacteria toxins, and to +develop innovative methods to monitor, characterize, and predict blooms +for early action. + + Environmental Programs and Management + + (including rescission of funds) + + For environmental programs and management, including necessary +expenses, not otherwise provided for, for personnel and related costs +and travel expenses; hire of passenger motor vehicles; hire, +maintenance, and operation of aircraft; purchase of reprints; library +memberships in societies or associations which issue publications to +members only or at a price to members lower than to subscribers who are +not members; administrative costs of the brownfields program under the +Small Business Liability Relief and Brownfields Revitalization Act of +2002; implementation of a coal combustion residual permit program under +section 2301 of the Water and Waste Act of 2016; and not to exceed +$9,000 for official reception and representation expenses, +$2,659,675,000, to remain available until September 30, 2020: +Provided, That of the funds included under this heading, $15,000,000 +shall be for Environmental Protection: National Priorities as specified +in Senate report 115-276: Provided further, That of the funds included +under this heading, $454,958,000 shall be for Geographic Programs +specified in the tables in the explanatory statement described in +section 436 of this Act: Provided further, That of the unobligated +balances from appropriations made available under this heading, +$61,676,000 are permanently rescinded: Provided further, That no +amounts may be rescinded pursuant to the preceding proviso from amounts +made available in the first proviso for Environmental Protection: +National Priorities, from amounts made available in the second proviso +for Geographic Programs, or from the National Estuary Program (33 +U.S.C. 1330). + In addition, $5,000,000 to remain available until expended, for +necessary expenses of activities described in section 26(b)(1) of the +Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That +fees collected pursuant to that section of that Act and deposited in +the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in +fiscal year 2019 shall be retained and used for necessary salaries and +expenses in this appropriation and shall remain available until +expended: Provided further, That the sum herein appropriated in this +paragraph from the general fund for fiscal year 2019 shall be reduced +by the amount of discretionary offsetting receipts received during +fiscal year 2019, so as to result in a final fiscal year 2019 +appropriation from the general fund estimated at not more than $0: +Provided further, That to the extent that amounts realized from such +receipts exceed $5,000,000, those amount in excess of $5,000,000 shall +be deposited in the ``TSCA Service Fee Fund'' as discretionary +offsetting receipts in fiscal year 2019, shall be retained and used for +necessary salaries and expenses in this account, and shall remain +available until expended: Provided further, That of the funds included +in the first paragraph under this heading, the Chemical Risk Review and +Reduction program project shall be allocated for this fiscal year, +excluding the amount of any fees appropriated, not less than the amount +of appropriations for that program project for fiscal year 2014. + + Office of Inspector General + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$41,489,000, to remain available until September 30, 2020. + + Buildings and Facilities + + For construction, repair, improvement, extension, alteration, and +purchase of fixed equipment or facilities of, or for use by, the +Environmental Protection Agency, $34,467,000, to remain available until +expended. + + Hazardous Substance Superfund + + (including transfers of funds) + + For necessary expenses to carry out the Comprehensive Environmental +Response, Compensation, and Liability Act of 1980 (CERCLA), including +sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) +$1,091,947,000, to remain available until expended, consisting of such +sums as are available in the Trust Fund on September 30, 2018, as +authorized by section 517(a) of the Superfund Amendments and +Reauthorization Act of 1986 (SARA) and up to $1,091,947,000 as a +payment from general revenues to the Hazardous Substance Superfund for +purposes as authorized by section 517(b) of SARA: Provided, That funds +appropriated under this heading may be allocated to other Federal +agencies in accordance with section 111(a) of CERCLA: Provided +further, That of the funds appropriated under this heading, $8,718,000 +shall be paid to the ``Office of Inspector General'' appropriation to +remain available until September 30, 2020, and $17,398,000 shall be +paid to the ``Science and Technology'' appropriation to remain +available until September 30, 2020. + + Leaking Underground Storage Tank Trust Fund Program + + For necessary expenses to carry out leaking underground storage +tank cleanup activities authorized by subtitle I of the Solid Waste +Disposal Act, $91,941,000, to remain available until expended, of which +$66,572,000 shall be for carrying out leaking underground storage tank +cleanup activities authorized by section 9003(h) of the Solid Waste +Disposal Act; $25,369,000 shall be for carrying out the other +provisions of the Solid Waste Disposal Act specified in section 9508(c) +of the Internal Revenue Code: Provided, That the Administrator is +authorized to use appropriations made available under this heading to +implement section 9013 of the Solid Waste Disposal Act to provide +financial assistance to federally recognized Indian tribes for the +development and implementation of programs to manage underground +storage tanks. + + Inland Oil Spill Programs + + For expenses necessary to carry out the Environmental Protection +Agency's responsibilities under the Oil Pollution Act of 1990, +$18,209,000, to be derived from the Oil Spill Liability trust fund, to +remain available until expended. + + State and Tribal Assistance Grants + + For environmental programs and infrastructure assistance, including +capitalization grants for State revolving funds and performance +partnership grants, $3,575,041,000, to remain available until expended, +of which-- + (1) $1,394,000,000 shall be for making capitalization + grants for the Clean Water State Revolving Funds under title VI + of the Federal Water Pollution Control Act; and of which + $864,000,000 shall be for making capitalization grants for the + Drinking Water State Revolving Funds under section 1452 of the + Safe Drinking Water Act: Provided, That for fiscal year 2019, + to the extent there are sufficient eligible project + applications and projects are consistent with State Intended + Use Plans, not less than 10 percent of the funds made available + under this title to each State for Clean Water State Revolving + Fund capitalization grants shall be used by the State for + projects to address green infrastructure, water or energy + efficiency improvements, or other environmentally innovative + activities: Provided further, That for fiscal year 2019, funds + made available under this title to each State for Drinking + Water State Revolving Fund capitalization grants may, at the + discretion of each State, be used for projects to address green + infrastructure, water or energy efficiency improvements, or + other environmentally innovative activities: Provided further, + That notwithstanding section 603(d)(7) of the Federal Water + Pollution Control Act, the limitation on the amounts in a State + water pollution control revolving fund that may be used by a + State to administer the fund shall not apply to amounts + included as principal in loans made by such fund in fiscal year + 2019 and prior years where such amounts represent costs of + administering the fund to the extent that such amounts are or + were deemed reasonable by the Administrator, accounted for + separately from other assets in the fund, and used for eligible + purposes of the fund, including administration: Provided + further, That for fiscal year 2019, notwithstanding the + provisions of subsections (g)(1), (h), and (l) of section 201 + of the Federal Water Pollution Control Act, grants made under + title II of such Act for American Samoa, Guam, the commonwealth + of the Northern Marianas, the United States Virgin Islands, and + the District of Columbia may also be made for the purpose of + providing assistance: (1) solely for facility plans, design + activities, or plans, specifications, and estimates for any + proposed project for the construction of treatment works; and + (2) for the construction, repair, or replacement of privately + owned treatment works serving one or more principal residences + or small commercial establishments: Provided further, That for + fiscal year 2019, notwithstanding the provisions of such + subsections (g)(1), (h), and (l) of section 201 and section + 518(c) of the Federal Water Pollution Control Act, funds + reserved by the Administrator for grants under section 518(c) + of the Federal Water Pollution Control Act may also be used to + provide assistance: (1) solely for facility plans, design + activities, or plans, specifications, and estimates for any + proposed project for the construction of treatment works; and + (2) for the construction, repair, or replacement of privately + owned treatment works serving one or more principal residences + or small commercial establishments: Provided further, That for + fiscal year 2019, notwithstanding any provision of the Federal + Water Pollution Control Act and regulations issued pursuant + thereof, up to a total of $2,000,000 of the funds reserved by + the Administrator for grants under section 518(c) of such Act + may also be used for grants for training, technical assistance, + and educational programs relating to the operation and + management of the treatment works specified in section 518(c) + of such Act: Provided further, That for fiscal year 2019, + funds reserved under section 518(c) of such Act shall be + available for grants only to Indian tribes, as defined in + section 518(h) of such Act and former Indian reservations in + Oklahoma (as determined by the Secretary of the Interior) and + Native Villages as defined in Public Law 92-203: Provided + further, That for fiscal year 2019, notwithstanding the + limitation on amounts in section 518(c) of the Federal Water + Pollution Control Act, up to a total of 2 percent of the funds + appropriated, or $30,000,000, whichever is greater, and + notwithstanding the limitation on amounts in section 1452(i) of + the Safe Drinking Water Act, up to a total of 2 percent of the + funds appropriated, or $20,000,000, whichever is greater, for + State Revolving Funds under such Acts may be reserved by the + Administrator for grants under section 518(c) and section + 1452(i) of such Acts: Provided further, That for fiscal year + 2019, notwithstanding the amounts specified in section 205(c) + of the Federal Water Pollution Control Act, up to 1.5 percent + of the aggregate funds appropriated for the Clean Water State + Revolving Fund program under the Act less any sums reserved + under section 518(c) of the Act, may be reserved by the + Administrator for grants made under title II of the Federal + Water Pollution Control Act for American Samoa, Guam, the + Commonwealth of the Northern Marianas, and United States Virgin + Islands: Provided further, That for fiscal year 2019, + notwithstanding the limitations on amounts specified in section + 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of + the funds appropriated for the Drinking Water State Revolving + Fund programs under the Safe Drinking Water Act may be reserved + by the Administrator for grants made under section 1452(j) of + the Safe Drinking Water Act: Provided further, That 10 percent + of the funds made available under this title to each State for + Clean Water State Revolving Fund capitalization grants and 20 + percent of the funds made available under this title to each + State for Drinking Water State Revolving Fund capitalization + grants shall be used by the State to provide additional subsidy + to eligible recipients in the form of forgiveness of principal, + negative interest loans, or grants (or any combination of + these), and shall be so used by the State only where such funds + are provided as initial financing for an eligible recipient or + to buy, refinance, or restructure the debt obligations of + eligible recipients only where such debt was incurred on or + after the date of enactment of this Act, or where such debt was + incurred prior to the date of enactment of this Act if the + State, with concurrence from the Administrator, determines that + such funds could be used to help address a threat to public + health from heightened exposure to lead in drinking water or if + a Federal or State emergency declaration has been issued due to + a threat to public health from heightened exposure to lead in a + municipal drinking water supply before the date of enactment of + this Act: Provided further, That in a State in which such an + emergency declaration has been issued, the State may use more + than 20 percent of the funds made available under this title to + the State for Drinking Water State Revolving Fund + capitalization grants to provide additional subsidy to eligible + recipients; + (2) $15,000,000 shall be for architectural, engineering, + planning, design, construction and related activities in + connection with the construction of high priority water and + wastewater facilities in the area of the United States-Mexico + Border, after consultation with the appropriate border + commission: Provided, That no funds provided by this + appropriations Act to address the water, wastewater and other + critical infrastructure needs of the colonias in the United + States along the United States-Mexico border shall be made + available to a county or municipal government unless that + government has established an enforceable local ordinance, or + other zoning rule, which prevents in that jurisdiction the + development or construction of any additional colonia areas, or + the development within an existing colonia the construction of + any new home, business, or other structure which lacks water, + wastewater, or other necessary infrastructure; + (3) $25,000,000 shall be for grants to the State of Alaska + to address drinking water and wastewater infrastructure needs + of rural and Alaska Native Villages: Provided, That of these + funds: (A) the State of Alaska shall provide a match of 25 + percent; (B) no more than 5 percent of the funds may be used + for administrative and overhead expenses; and (C) the State of + Alaska shall make awards consistent with the Statewide priority + list established in conjunction with the Agency and the U.S. + Department of Agriculture for all water, sewer, waste disposal, + and similar projects carried out by the State of Alaska that + are funded under section 221 of the Federal Water Pollution + Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural + Development Act (7 U.S.C. 1921 et seq.) which shall allocate + not less than 25 percent of the funds provided for projects in + regional hub communities; + (4) $80,000,000 shall be to carry out section 104(k) of the + Comprehensive Environmental Response, Compensation, and + Liability Act of 1980 (CERCLA), including grants, interagency + agreements, and associated program support costs: Provided, + That not more than 25 percent of the amount appropriated to + carry out section 104(k) of CERCLA shall be used for site + characterization, assessment, and remediation of facilities + described in section 101(39)(D)(ii)(II) of CERCLA: Provided + further, That at least 10 percent shall be allocated for + assistance in persistent poverty counties: Provided further, + That for purposes of this section, the term ``persistent + poverty counties'' means any county that has had 20 percent or + more of its population living in poverty over the past 30 + years, as measured by the 1990 and 2000 decennial censuses and + the most recent Small Area Income and Poverty Estimates; + (5) $50,000,000 shall be for grants under title VII, + subtitle G of the Energy Policy Act of 2005; + (6) $50,000,000 shall be for targeted airshed grants in + accordance with the terms and conditions in Senate report 115- + 276; + (7) $4,000,000 shall be to carry out the water quality + program authorized in section 5004(d) of the Water + Infrastructure Improvements for the Nation Act (Public Law 114- + 322); and + (8) $1,093,041,000 shall be for grants, including + associated program support costs, to States, federally + recognized tribes, interstate agencies, tribal consortia, and + air pollution control agencies for multi-media or single media + pollution prevention, control and abatement and related + activities, including activities pursuant to the provisions set + forth under this heading in Public Law 104-134, and for making + grants under section 103 of the Clean Air Act for particulate + matter monitoring and data collection activities subject to + terms and conditions specified by the Administrator, of which: + $47,745,000 shall be for carrying out section 128 of CERCLA; + $9,646,000 shall be for Environmental Information Exchange + Network grants, including associated program support costs; + $1,498,000 shall be for grants to States under section + 2007(f)(2) of the Solid Waste Disposal Act, which shall be in + addition to funds appropriated under the heading ``Leaking + Underground Storage Tank Trust Fund Program'' to carry out the + provisions of the Solid Waste Disposal Act specified in section + 9508(c) of the Internal Revenue Code other than section 9003(h) + of the Solid Waste Disposal Act; $17,848,000 of the funds + available for grants under section 106 of the Federal Water + Pollution Control Act shall be for State participation in + national- and State-level statistical surveys of water + resources and enhancements to State monitoring programs; + $27,000,000 shall be for multipurpose grants, including + interagency agreements. + + Water Infrastructure Finance and Innovation Program Account + + For the cost of direct loans and for the cost of guaranteed loans, +as authorized by the Water Infrastructure Finance and Innovation Act of +2014, $5,000,000, to remain available until expended: Provided, That +such costs, including the cost of modifying such loans, shall be as +defined in section 502 of the Congressional Budget Act of 1974: +Provided further, That these funds are available to subsidize gross +obligations for the principal amount of direct loans, including +capitalized interest, and total loan principal, including capitalized +interest, any part of which is to be guaranteed, not to exceed +$610,000,000. + In addition, fees authorized to be collected pursuant to sections +5029 and 5030 of the Water Infrastructure Finance and Innovation Act of +2014 shall be deposited in this account, to remain available until +expended. + In addition, for administrative expenses to carry out the direct +and guaranteed loan programs, notwithstanding section 5033 of the Water +Infrastructure Finance and Innovation Act of 2014, $5,000,000, to +remain available until September 30, 2020. + + Administrative Provisions--Environmental Protection Agency + + (including transfers and rescission of funds) + + For fiscal year 2019, notwithstanding 31 U.S.C. 6303(1) and +6305(1), the Administrator of the Environmental Protection Agency, in +carrying out the Agency's function to implement directly Federal +environmental programs required or authorized by law in the absence of +an acceptable tribal program, may award cooperative agreements to +federally recognized Indian tribes or Intertribal consortia, if +authorized by their member tribes, to assist the Administrator in +implementing Federal environmental programs for Indian tribes required +or authorized by law, except that no such cooperative agreements may be +awarded from funds designated for State financial assistance +agreements. + The Administrator of the Environmental Protection Agency is +authorized to collect and obligate pesticide registration service fees +in accordance with section 33 of the Federal Insecticide, Fungicide, +and Rodenticide Act, as amended by Public Law 112-177, the Pesticide +Registration Improvement Extension Act of 2012. + Notwithstanding section 33(d)(2) of the Federal Insecticide, +Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the +Administrator of the Environmental Protection Agency may assess fees +under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2019. + The Administrator is authorized to transfer up to $300,000,000 of +the funds appropriated for the Great Lakes Restoration Initiative under +the heading ``Environmental Programs and Management'' to the head of +any Federal department or agency, with the concurrence of such head, to +carry out activities that would support the Great Lakes Restoration +Initiative and Great Lakes Water Quality Agreement programs, projects, +or activities; to enter into an interagency agreement with the head of +such Federal department or agency to carry out these activities; and to +make grants to governmental entities, nonprofit organizations, +institutions, and individuals for planning, research, monitoring, +outreach, and implementation in furtherance of the Great Lakes +Restoration Initiative and the Great Lakes Water Quality Agreement. + The Science and Technology, Environmental Programs and Management, +Office of Inspector General, Hazardous Substance Superfund, and Leaking +Underground Storage Tank Trust Fund Program Accounts, are available for +the construction, alteration, repair, rehabilitation, and renovation of +facilities, provided that the cost does not exceed $150,000 per +project. + For fiscal year 2019, and notwithstanding section 518(f) of the +Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the +Administrator is authorized to use the amounts appropriated for any +fiscal year under section 319 of the Act to make grants to Indian +tribes pursuant to sections 319(h) and 518(e) of that Act. + The Administrator is authorized to use the amounts appropriated +under the heading ``Environmental Programs and Management'' for fiscal +year 2019 to provide grants to implement the Southeastern New England +Watershed Restoration Program. + The Administrator of the Environmental Protection Agency is +authorized to collect and obligate fees in accordance with section 3024 +of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2019. + Of the unobligated balances available for the ``State and Tribal +Assistance Grants'' account, $109,078,000 are hereby permanently +rescinded: Provided, That no amounts may be rescinded from amounts +that were designated by the Congress as an emergency requirement +pursuant to the Concurrent Resolution on the Budget or the Balanced +Budget and Emergency Deficit Control Act of 1985 or from amounts that +were made available by subsection (a) of section 196 of the Continuing +Appropriations Act, 2017 (division C of Public Law 114-223), as amended +by the Further Continuing and Security Assistance Appropriations Act, +2017 (Public Law 114-254). + Using funds appropriated under this title, the Administrator of the +Environmental Protection Agency shall implement the recommendations +described in the report of the Office of Inspector General of the +Environmental Protection Agency entitled ``Management Weakness Delayed +Response to Flint Water Crisis'', numbered 18-P-0221, and dated July +19, 2018, to ensure clean and safe water compliance under the Safe +Drinking Water Act (42 U.S.C. 300f et seq.). If the Administrator of +the Environmental Protection Agency does not implement 1 or more +recommendations required by the preceding sentence, the Administrator +shall submit to the Committees on Appropriations and Environment and +Public Works of the Senate and the Committees on Appropriations and +Energy and Commerce of the House of Representatives a report explaining +why the Administrator did not implement the recommendation and +identifying specific actions the Administrator is implementing to +address the concerns raised in the report. + + TITLE III + + RELATED AGENCIES + + DEPARTMENT OF AGRICULTURE + + office of the under secretary for natural resources and environment + + For necessary expenses of the Office of the Under Secretary for +Natural Resources and Environment, $875,000: Provided, That funds made +available by this Act to any agency in the Natural Resources and +Environment mission area for salaries and expenses are available to +fund up to one administrative support staff for the office. + + Forest Service + + forest and rangeland research + + For necessary expenses of forest and rangeland research as +authorized by law, $300,000,000, to remain available through September +30, 2022, of which not less than $500,000 shall be made available for +wood utilization research to develop woody and agricultural biomass +conversion of low-value woody biomass using microwave-assisted +liquefaction: Provided, That of the funds provided, $77,000,000 is for +the forest inventory and analysis program: Provided further, That all +authorities for the use of funds, including the use of contracts, +grants, and cooperative agreements, available to execute the Forest and +Rangeland Research appropriation, are also available in the utilization +of these funds for Fire Science Research. + + state and private forestry + + For necessary expenses of cooperating with and providing technical +and financial assistance to States, territories, possessions, and +others, and for forest health management, and conducting an +international program as authorized, $333,990,000, to remain available +through September 30, 2022, as authorized by law; of which $65,490,000 +is to be derived from the Land and Water Conservation Fund to be used +for the Forest Legacy Program, to remain available until expended. + + national forest system + + For necessary expenses of the Forest Service, not otherwise +provided for, for management, protection, improvement, and utilization +of the National Forest System, and for hazardous fuels management on or +adjacent to such lands, $1,937,653,000, to remain available through +September 30, 2022: Provided, That of the funds provided, $40,000,000 +shall be deposited in the Collaborative Forest Landscape Restoration +Fund for ecological restoration treatments as authorized by 16 U.S.C. +7303(f): Provided further, That of the funds provided, $368,000,000 +shall be for forest products: Provided further, That of the funds +provided, $435,000,000 shall be for hazardous fuels management +activities, of which not to exceed $15,000,000 may be used to make +grants, using any authorities available to the Forest Service under the +``State and Private Forestry'' appropriation, for the purpose of +creating incentives for increased use of biomass from National Forest +System lands: Provided further, That $20,000,000 may be used by the +Secretary of Agriculture to enter into procurement contracts or +cooperative agreements or to issue grants for hazardous fuels +management activities, and for training or monitoring associated with +such hazardous fuels management activities on Federal land, or on non- +Federal land if the Secretary determines such activities benefit +resources on Federal land: Provided further, That funds made available +to implement the Community Forestry Restoration Act, Public Law 106- +393, title VI, shall be available for use on non-Federal lands in +accordance with authorities made available to the Forest Service under +the ``State and Private Forestry'' appropriations: Provided further, +That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act +(7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for +grazing on a National Grassland, may provide a credit of up to 50 +percent of the calculated fee to a Grazing Association or direct +permittee for a conservation practice approved by the Secretary in +advance of the fiscal year in which the cost of the conservation +practice is incurred. And, that the amount credited shall remain +available to the Grazing Association or the direct permittee, as +appropriate, in the fiscal year in which the credit is made and each +fiscal year thereafter for use on the project for conservation +practices approved by the Secretary. + + capital improvement and maintenance + + (including transfer of funds) + + For necessary expenses of the Forest Service, not otherwise +provided for, $449,000,000, to remain available through September 30, +2022, for construction, capital improvement, maintenance and +acquisition of buildings and other facilities and infrastructure; and +for construction, reconstruction, decommissioning of roads that are no +longer needed, including unauthorized roads that are not part of the +transportation system, and maintenance of forest roads and trails by +the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 +and 205: Provided, That funds becoming available in fiscal year 2019 +under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to +the General Fund of the Treasury and shall not be available for +transfer or obligation for any other purpose unless the funds are +appropriated. + + land acquisition + + (including rescission of funds) + + For expenses necessary to carry out the provisions of chapter 2003 +of title 54, United States Code, including administrative expenses, and +for acquisition of land or waters, or interest therein, in accordance +with statutory authority applicable to the Forest Service, $74,099,000, +to be derived from the Land and Water Conservation Fund and to remain +available until expended. + Of the unobligated balances from amounts made available for Land +Acquisition and derived from the Land and Water Conservation Fund, +$16,028,000 is hereby permanently rescinded from projects with cost +savings or failed or partially failed projects that had funds returned: + Provided, That no amounts may be rescinded from amounts that were +designated by the Congress as an emergency requirement pursuant to the +Concurrent Resolution on the Budget or the Balanced Budget and +Emergency Deficit Control Act of 1985. + + acquisition of lands for national forests special acts + + For acquisition of lands within the exterior boundaries of the +Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National +Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland +National Forests, California; and the Ozark-St. Francis and Ouachita +National Forests, Arkansas; as authorized by law, $700,000, to be +derived from forest receipts. + + acquisition of lands to complete land exchanges + + For acquisition of lands, such sums, to be derived from funds +deposited by State, county, or municipal governments, public school +districts, or other public school authorities, and for authorized +expenditures from funds deposited by non-Federal parties pursuant to +Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 +(16 U.S.C. 484a), to remain available through September 30, 2021, (16 +U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; +and Public Law 78-310). + + range betterment fund + + For necessary expenses of range rehabilitation, protection, and +improvement, 50 percent of all moneys received during the prior fiscal +year, as fees for grazing domestic livestock on lands in National +Forests in the 16 Western States, pursuant to section 401(b)(1) of +Public Law 94-579, to remain available through September 30, 2022, of +which not to exceed 6 percent shall be available for administrative +expenses associated with on-the-ground range rehabilitation, +protection, and improvements. + + gifts, donations and bequests for forest and rangeland research + + For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain +available through September 30, 2022, to be derived from the fund +established pursuant to the above Act. + + management of national forest lands for subsistence uses + + For necessary expenses of the Forest Service to manage Federal +lands in Alaska for subsistence uses under title VIII of the Alaska +National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), +$2,500,000, to remain available through September 30, 2022. + + wildland fire management + + (including transfers of funds) + + For necessary expenses for forest fire presuppression activities on +National Forest System lands, for emergency wildland fire suppression +on or adjacent to such lands or other lands under fire protection +agreement, and for emergency rehabilitation of burned-over National +Forest System lands and water, $3,229,620,000, to remain available +through September 30, 2022: Provided, That such funds including +unobligated balances under this heading, are available for repayment of +advances from other appropriations accounts previously transferred for +such purposes: Provided further, That any unobligated funds +appropriated in a previous fiscal year for hazardous fuels management +may be transferred to the ``National Forest System'' account: Provided +further, That such funds shall be available to reimburse State and +other cooperating entities for services provided in response to +wildfire and other emergencies or disasters to the extent such +reimbursements by the Forest Service for non-fire emergencies are fully +repaid by the responsible emergency management agency: Provided +further, That funds provided shall be available for support to Federal +emergency response: Provided further, That the costs of implementing +any cooperative agreement between the Federal Government and any non- +Federal entity may be shared, as mutually agreed on by the affected +parties: Provided further, That funds designated for wildfire +suppression, shall be assessed for cost pools on the same basis as such +assessments are calculated against other agency programs. + + administrative provisions--forest service + + (including transfers of funds) + + Appropriations to the Forest Service for the current fiscal year +shall be available for: (1) purchase of passenger motor vehicles; +acquisition of passenger motor vehicles from excess sources, and hire +of such vehicles; purchase, lease, operation, maintenance, and +acquisition of aircraft to maintain the operable fleet for use in +Forest Service wildland fire programs and other Forest Service +programs; notwithstanding other provisions of law, existing aircraft +being replaced may be sold, with proceeds derived or trade-in value +used to offset the purchase price for the replacement aircraft; (2) +services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for +employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration +of buildings and other public improvements (7 U.S.C. 2250); (4) +acquisition of land, waters, and interests therein pursuant to 7 U.S.C. +428a; (5) for expenses pursuant to the Volunteers in the National +Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost +of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt +collection contracts in accordance with 31 U.S.C. 3718(c). + Any appropriations or funds available to the Forest Service may be +transferred to the Wildland Fire Management appropriation for forest +firefighting, emergency rehabilitation of burned-over or damaged lands +or waters under its jurisdiction, and fire preparedness due to severe +burning conditions upon the Secretary's notification of the House and +Senate Committees on Appropriations that all fire suppression funds +appropriated under the heading ``Wildland Fire Management'' will be +obligated within 30 days: Provided, That all funds used pursuant to +this paragraph must be replenished by a supplemental appropriation +which must be requested as promptly as possible. + Not more than $50,000,000 of funds appropriated to the Forest +Service shall be available for expenditure or transfer to the +Department of the Interior for wildland fire management, hazardous +fuels management, and State fire assistance when such transfers would +facilitate and expedite wildland fire management programs and projects. + Notwithstanding any other provision of this Act, the Forest Service +may transfer unobligated balances of discretionary funds appropriated +to the Forest Service by this Act to or within the National Forest +System Account, or reprogram funds to be used for the purposes of +hazardous fuels management and urgent rehabilitation of burned-over +National Forest System lands and water, such transferred funds shall +remain available through September 30, 2022: Provided, That none of +the funds transferred pursuant to this section shall be available for +obligation without written notification to and the prior approval of +the Committees on Appropriations of both Houses of Congress: Provided +further, That this section does not apply to funds appropriated to the +FLAME Wildfire Suppression Reserve Fund or funds derived from the Land +and Water Conservation Fund. + Funds appropriated to the Forest Service shall be available for +assistance to or through the Agency for International Development in +connection with forest and rangeland research, technical information, +and assistance in foreign countries, and shall be available to support +forestry and related natural resource activities outside the United +States and its territories and possessions, including technical +assistance, education and training, and cooperation with U.S., private, +and international organizations. The Forest Service, acting for the +International Program, may sign direct funding agreements with foreign +governments and institutions as well as other domestic agencies +(including the U.S. Agency for International Development, the +Department of State, and the Millennium Challenge Corporation), U.S. +private sector firms, institutions and organizations to provide +technical assistance and training programs overseas on forestry and +rangeland management. + Funds appropriated to the Forest Service shall be available for +expenditure or transfer to the Department of the Interior, Bureau of +Land Management, for removal, preparation, and adoption of excess wild +horses and burros from National Forest System lands, and for the +performance of cadastral surveys to designate the boundaries of such +lands. + None of the funds made available to the Forest Service in this Act +or any other Act with respect to any fiscal year shall be subject to +transfer under the provisions of section 702(b) of the Department of +Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public +Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171 +(7 U.S.C. 8316(b)). + None of the funds available to the Forest Service may be +reprogrammed without the advance approval of the House and Senate +Committees on Appropriations in accordance with the reprogramming +procedures contained in Senate report 115-276. + Not more than $82,000,000 of funds available to the Forest Service +shall be transferred to the Working Capital Fund of the Department of +Agriculture and not more than $14,500,000 of funds available to the +Forest Service shall be transferred to the Department of Agriculture +for Department Reimbursable Programs, commonly referred to as Greenbook +charges. Nothing in this paragraph shall prohibit or limit the use of +reimbursable agreements requested by the Forest Service in order to +obtain services from the Department of Agriculture's National +Information Technology Center and the Department of Agriculture's +International Technology Service. + Of the funds available to the Forest Service, up to $5,000,000 +shall be available for priority projects within the scope of the +approved budget, which shall be carried out by the Youth Conservation +Corps and shall be carried out under the authority of the Public Lands +Corps Act of 1993 (16 U.S.C. 1721 et seq.). + Of the funds available to the Forest Service, $4,000 is available +to the Chief of the Forest Service for official reception and +representation expenses. + Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of +the funds available to the Forest Service, up to $3,000,000 may be +advanced in a lump sum to the National Forest Foundation to aid +conservation partnership projects in support of the Forest Service +mission, without regard to when the Foundation incurs expenses, for +projects on or benefitting National Forest System lands or related to +Forest Service programs: Provided, That of the Federal funds made +available to the Foundation, no more than $300,000 shall be available +for administrative expenses: Provided further, That the Foundation +shall obtain, by the end of the period of Federal financial assistance, +private contributions to match funds made available by the Forest +Service on at least a one-for-one basis: Provided further, That the +Foundation may transfer Federal funds to a Federal or a non-Federal +recipient for a project at the same rate that the recipient has +obtained the non-Federal matching funds. + Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 +of the funds available to the Forest Service may be advanced to the +National Fish and Wildlife Foundation in a lump sum to aid cost-share +conservation projects, without regard to when expenses are incurred, on +or benefitting National Forest System lands or related to Forest +Service programs: Provided, That such funds shall be matched on at +least a one-for-one basis by the Foundation or its sub-recipients: +Provided further, That the Foundation may transfer Federal funds to a +Federal or non-Federal recipient for a project at the same rate that +the recipient has obtained the non-Federal matching funds. + Funds appropriated to the Forest Service shall be available for +interactions with and providing technical assistance to rural +communities and natural resource-based businesses for sustainable rural +development purposes. + Funds appropriated to the Forest Service shall be available for +payments to counties within the Columbia River Gorge National Scenic +Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of +Public Law 99-663. + Any funds appropriated to the Forest Service may be used to meet +the non-Federal share requirement in section 502(c) of the Older +Americans Act of 1965 (42 U.S.C. 3056(c)(2)). + The Forest Service shall not assess funds for the purpose of +performing fire, administrative, and other facilities maintenance and +decommissioning. + Notwithstanding any other provision of law, of any appropriations +or funds available to the Forest Service, not to exceed $500,000 may be +used to reimburse the Office of the General Counsel (OGC), Department +of Agriculture, for travel and related expenses incurred as a result of +OGC assistance or participation requested by the Forest Service at +meetings, training sessions, management reviews, land purchase +negotiations and similar matters unrelated to civil litigation. Future +budget justifications for both the Forest Service and the Department of +Agriculture should clearly display the sums previously transferred and +the sums requested for transfer. + An eligible individual who is employed in any project funded under +title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and +administered by the Forest Service shall be considered to be a Federal +employee for purposes of chapter 171 of title 28, United States Code. + Notwithstanding any other provision of this Act, through the Office +of Budget and Program Analysis, the Forest Service shall report no +later than 30 business days following the close of each fiscal quarter +all current and prior year unobligated balances, by fiscal year, budget +line item and account, to the House and Senate Committees on +Appropriations. + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Indian Health Service + + indian health services + + For expenses necessary to carry out the Act of August 5, 1954 (68 +Stat. 674), the Indian Self-Determination and Education Assistance Act, +the Indian Health Care Improvement Act, and titles II and III of the +Public Health Service Act with respect to the Indian Health Service, +$4,072,385,000, together with payments received during the fiscal year +pursuant to sections 231(b) and 233 of the Public Health Service Act +(42 U.S.C. 238(b), 238b), for services furnished by the Indian Health +Service: Provided, That funds made available to tribes and tribal +organizations through contracts, grant agreements, or any other +agreements or compacts authorized by the Indian Self-Determination and +Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be +obligated at the time of the grant or contract award and thereafter +shall remain available to the tribe or tribal organization without +fiscal year limitation: Provided further, That $2,000,000 shall be +available for grants or contracts with public or private institutions +to provide alcohol or drug treatment services to Indians, including +alcohol detoxification services: Provided further, That $964,819,000 +for Purchased/Referred Care, including $53,000,000 for the Indian +Catastrophic Health Emergency Fund, shall remain available until +expended: Provided further, That of the funds provided, up to +$36,000,000 shall remain available until expended for implementation of +the loan repayment program under section 108 of the Indian Health Care +Improvement Act: Provided further, That of the funds provided, +$15,000,000 shall remain available until expended to supplement funds +available for operational costs at tribal clinics operated under an +Indian Self-Determination and Education Assistance Act compact or +contract where health care is delivered in space acquired through a +full service lease, which is not eligible for maintenance and +improvement and equipment funds from the Indian Health Service, and +$58,000,000 shall be for costs related to or resulting from +accreditation emergencies, of which up to $4,000,000 may be used to +supplement amounts otherwise available for Purchased/Referred Care: +Provided further, That the amounts collected by the Federal Government +as authorized by sections 104 and 108 of the Indian Health Care +Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal +year for breach of contracts shall be deposited to the Fund authorized +by section 108A of that Act (25 U.S.C. 1616a-1) and shall remain +available until expended and, notwithstanding section 108A(c) of that +Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards +under the loan repayment and scholarship programs under sections 104 +and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further, +That the amounts made available within this account for the Substance +Abuse and Suicide Prevention Program, for opioid Prevention, Treatment +and Recovery Services, for the Domestic Violence Prevention Program, +for the Zero Suicide Initiative, for the housing subsidy authority for +civilian employees, for aftercare pilot programs at Youth Regional +Treatment Centers, to improve collections from public and private +insurance at Indian Health Service and tribally operated facilities, +and for accreditation emergencies shall be allocated at the discretion +of the Director of the Indian Health Service and shall remain available +until expended: Provided further, That funds provided in this Act may +be used for annual contracts and grants for which the performance +period falls within 2 fiscal years, provided the total obligation is +recorded in the year the funds are appropriated: Provided further, +That the amounts collected by the Secretary of Health and Human +Services under the authority of title IV of the Indian Health Care +Improvement Act shall remain available until expended for the purpose +of achieving compliance with the applicable conditions and requirements +of titles XVIII and XIX of the Social Security Act, except for those +related to the planning, design, or construction of new facilities: +Provided further, That funding contained herein for scholarship +programs under the Indian Health Care Improvement Act shall remain +available until expended: Provided further, That amounts received by +tribes and tribal organizations under title IV of the Indian Health +Care Improvement Act shall be reported and accounted for and available +to the receiving tribes and tribal organizations until expended: +Provided further, That the Bureau of Indian Affairs may collect from +the Indian Health Service, and from tribes and tribal organizations +operating health facilities pursuant to Public Law 93-638, such +individually identifiable health information relating to disabled +children as may be necessary for the purpose of carrying out its +functions under the Individuals with Disabilities Education Act (20 +U.S.C. 1400 et seq.): Provided further, That the accreditation +emergency funds may be used, as needed, to carry out activities +typically funded under the Indian Health Facilities account. + + contract support costs + + For payments to tribes and tribal organizations for contract +support costs associated with Indian Self-Determination and Education +Assistance Act agreements with the Indian Health Service for fiscal +year 2019, such sums as may be necessary: Provided, That +notwithstanding any other provision of law, no amounts made available +under this heading shall be available for transfer to another budget +account. + + indian health facilities + + For construction, repair, maintenance, improvement, and equipment +of health and related auxiliary facilities, including quarters for +personnel; preparation of plans, specifications, and drawings; +acquisition of sites, purchase and erection of modular buildings, and +purchases of trailers; and for provision of domestic and community +sanitation facilities for Indians, as authorized by section 7 of the +Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination +Act, and the Indian Health Care Improvement Act, and for expenses +necessary to carry out such Acts and titles II and III of the Public +Health Service Act with respect to environmental health and facilities +support activities of the Indian Health Service, $877,504,000, to +remain available until expended: Provided, That notwithstanding any +other provision of law, funds appropriated for the planning, design, +construction, renovation or expansion of health facilities for the +benefit of an Indian tribe or tribes may be used to purchase land on +which such facilities will be located: Provided further, That not to +exceed $500,000 may be used by the Indian Health Service to purchase +TRANSAM equipment from the Department of Defense for distribution to +the Indian Health Service and tribal facilities: Provided further, +That none of the funds appropriated to the Indian Health Service may be +used for sanitation facilities construction for new homes funded with +grants by the housing programs of the United States Department of +Housing and Urban Development: Provided further, That not to exceed +$2,700,000 from this account and the ``Indian Health Services'' account +may be used by the Indian Health Service to obtain ambulances for the +Indian Health Service and tribal facilities in conjunction with an +existing interagency agreement between the Indian Health Service and +the General Services Administration: Provided further, That not to +exceed $500,000 may be placed in a Demolition Fund, to remain available +until expended, and be used by the Indian Health Service for the +demolition of Federal buildings. + + administrative provisions--indian health service + + Appropriations provided in this Act to the Indian Health Service +shall be available for services as authorized by 5 U.S.C. 3109 at rates +not to exceed the per diem rate equivalent to the maximum rate payable +for senior-level positions under 5 U.S.C. 5376; hire of passenger motor +vehicles and aircraft; purchase of medical equipment; purchase of +reprints; purchase, renovation and erection of modular buildings and +renovation of existing facilities; payments for telephone service in +private residences in the field, when authorized under regulations +approved by the Secretary of Health and Human Services; uniforms or +allowances therefor as authorized by 5 U.S.C. 5901-5902; and for +expenses of attendance at meetings that relate to the functions or +activities of the Indian Health Service: Provided, That in accordance +with the provisions of the Indian Health Care Improvement Act, non- +Indian patients may be extended health care at all tribally +administered or Indian Health Service facilities, subject to charges, +and the proceeds along with funds recovered under the Federal Medical +Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the +account of the facility providing the service and shall be available +without fiscal year limitation: Provided further, That notwithstanding +any other law or regulation, funds transferred from the Department of +Housing and Urban Development to the Indian Health Service shall be +administered under Public Law 86-121, the Indian Sanitation Facilities +Act and Public Law 93-638: Provided further, That funds appropriated +to the Indian Health Service in this Act, except those used for +administrative and program direction purposes, shall not be subject to +limitations directed at curtailing Federal travel and transportation: +Provided further, That none of the funds made available to the Indian +Health Service in this Act shall be used for any assessments or charges +by the Department of Health and Human Services unless identified in the +budget justification and provided in this Act, or approved by the House +and Senate Committees on Appropriations through the reprogramming +process: Provided further, That notwithstanding any other provision of +law, funds previously or herein made available to a tribe or tribal +organization through a contract, grant, or agreement authorized by +title I or title V of the Indian Self-Determination and Education +Assistance Act of 1975 (25 U.S.C. 5321 et seq. (title I), 5381 et seq. +(title V)), may be deobligated and reobligated to a self-determination +contract under title I, or a self-governance agreement under title V of +such Act and thereafter shall remain available to the tribe or tribal +organization without fiscal year limitation: Provided further, That +none of the funds made available to the Indian Health Service in this +Act shall be used to implement the final rule published in the Federal +Register on September 16, 1987, by the Department of Health and Human +Services, relating to the eligibility for the health care services of +the Indian Health Service until the Indian Health Service has submitted +a budget request reflecting the increased costs associated with the +proposed final rule, and such request has been included in an +appropriations Act and enacted into law: Provided further, That with +respect to functions transferred by the Indian Health Service to tribes +or tribal organizations, the Indian Health Service is authorized to +provide goods and services to those entities on a reimbursable basis, +including payments in advance with subsequent adjustment, and the +reimbursements received therefrom, along with the funds received from +those entities pursuant to the Indian Self-Determination Act, may be +credited to the same or subsequent appropriation account from which the +funds were originally derived, with such amounts to remain available +until expended: Provided further, That reimbursements for training, +technical assistance, or services provided by the Indian Health Service +will contain total costs, including direct, administrative, and +overhead costs associated with the provision of goods, services, or +technical assistance: Provided further, That the Indian Health Service +may provide to civilian medical personnel serving in hospitals operated +by the Indian Health Service housing allowances equivalent to those +that would be provided to members of the Commissioned Corps of the +United States Public Health Service serving in similar positions at +such hospitals: Provided further, That the appropriation structure for +the Indian Health Service may not be altered without advance +notification to the House and Senate Committees on Appropriations. + + National Institutes of Health + + national institute of environmental health sciences + + For necessary expenses for the National Institute of Environmental +Health Sciences in carrying out activities set forth in section 311(a) +of the Comprehensive Environmental Response, Compensation, and +Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the +Superfund Amendments and Reauthorization Act of 1986, $78,349,000. + + Agency for Toxic Substances and Disease Registry + + toxic substances and environmental public health + + For necessary expenses for the Agency for Toxic Substances and +Disease Registry (ATSDR) in carrying out activities set forth in +sections 104(i) and 111(c)(4) of the Comprehensive Environmental +Response, Compensation, and Liability Act of 1980 (CERCLA) and section +3019 of the Solid Waste Disposal Act, $74,691,000: Provided, That +notwithstanding any other provision of law, in lieu of performing a +health assessment under section 104(i)(6) of CERCLA, the Administrator +of ATSDR may conduct other appropriate health studies, evaluations, or +activities, including, without limitation, biomedical testing, clinical +evaluations, medical monitoring, and referral to accredited healthcare +providers: Provided further, That in performing any such health +assessment or health study, evaluation, or activity, the Administrator +of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of +CERCLA: Provided further, That none of the funds appropriated under +this heading shall be available for ATSDR to issue in excess of 40 +toxicological profiles pursuant to section 104(i) of CERCLA during +fiscal year 2019, and existing profiles may be updated as necessary. + + OTHER RELATED AGENCIES + + Executive Office of the President + + council on environmental quality and office of environmental quality + + For necessary expenses to continue functions assigned to the +Council on Environmental Quality and Office of Environmental Quality +pursuant to the National Environmental Policy Act of 1969, the +Environmental Quality Improvement Act of 1970, and Reorganization Plan +No. 1 of 1977, and not to exceed $750 for official reception and +representation expenses, $3,005,000: Provided, That notwithstanding +section 202 of the National Environmental Policy Act of 1970, the +Council shall consist of one member, appointed by the President, by and +with the advice and consent of the Senate, serving as chairman and +exercising all powers, functions, and duties of the Council. + + Chemical Safety and Hazard Investigation Board + + salaries and expenses + + For necessary expenses in carrying out activities pursuant to +section 112(r)(6) of the Clean Air Act, including hire of passenger +vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. +5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates +for individuals not to exceed the per diem equivalent to the maximum +rate payable for senior level positions under 5 U.S.C. 5376, +$11,000,000: Provided, That the Chemical Safety and Hazard +Investigation Board (Board) shall have not more than three career +Senior Executive Service positions: Provided further, That +notwithstanding any other provision of law, the individual appointed to +the position of Inspector General of the Environmental Protection +Agency (EPA) shall, by virtue of such appointment, also hold the +position of Inspector General of the Board: Provided further, That +notwithstanding any other provision of law, the Inspector General of +the Board shall utilize personnel of the Office of Inspector General of +EPA in performing the duties of the Inspector General of the Board, and +shall not appoint any individuals to positions within the Board. + + Office of Navajo and Hopi Indian Relocation + + salaries and expenses + + For necessary expenses of the Office of Navajo and Hopi Indian +Relocation as authorized by Public Law 93-531, $7,400,000, to remain +available until expended: Provided, That funds provided in this or any +other appropriations Act are to be used to relocate eligible +individuals and groups including evictees from District 6, Hopi- +partitioned lands residents, those in significantly substandard +housing, and all others certified as eligible and not included in the +preceding categories: Provided further, That none of the funds +contained in this or any other Act may be used by the Office of Navajo +and Hopi Indian Relocation to evict any single Navajo or Navajo family +who, as of November 30, 1985, was physically domiciled on the lands +partitioned to the Hopi Tribe unless a new or replacement home is +provided for such household: Provided further, That no relocatee will +be provided with more than one new or replacement home: Provided +further, That the Office shall relocate any certified eligible +relocatees who have selected and received an approved homesite on the +Navajo reservation or selected a replacement residence off the Navajo +reservation or on the land acquired pursuant to section 11 of Public +Law 93-531 (88 Stat. 1716). + + Institute of American Indian and Alaska Native Culture and Arts + Development + + payment to the institute + + For payment to the Institute of American Indian and Alaska Native +Culture and Arts Development, as authorized by part A of title XV of +Public Law 99-498 (20 U.S.C. 4411 et seq.), $9,960,000, which shall +become available on July 1, 2019, and shall remain available until +September 30, 2020. + + Smithsonian Institution + + salaries and expenses + + For necessary expenses of the Smithsonian Institution, as +authorized by law, including research in the fields of art, science, +and history; development, preservation, and documentation of the +National Collections; presentation of public exhibits and performances; +collection, preparation, dissemination, and exchange of information and +publications; conduct of education, training, and museum assistance +programs; maintenance, alteration, operation, lease agreements of no +more than 30 years, and protection of buildings, facilities, and +approaches; not to exceed $100,000 for services as authorized by 5 +U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for +employees, $739,894,000, to remain available until September 30, 2020, +except as otherwise provided herein; of which not to exceed $6,917,000 +for the instrumentation program, collections acquisition, exhibition +reinstallation, and the repatriation of skeletal remains program shall +remain available until expended; and including such funds as may be +necessary to support American overseas research centers: Provided, +That funds appropriated herein are available for advance payments to +independent contractors performing research services or participating +in official Smithsonian presentations. + + facilities capital + + For necessary expenses of repair, revitalization, and alteration of +facilities owned or occupied by the Smithsonian Institution, by +contract or otherwise, as authorized by section 2 of the Act of August +22, 1949 (63 Stat. 623), and for construction, including necessary +personnel, $303,503,000, to remain available until expended, of which +not to exceed $10,000 shall be for services as authorized by 5 U.S.C. +3109. + + National Gallery of Art + + salaries and expenses + + For the upkeep and operations of the National Gallery of Art, the +protection and care of the works of art therein, and administrative +expenses incident thereto, as authorized by the Act of March 24, 1937 +(50 Stat. 51), as amended by the public resolution of April 13, 1939 +(Public Resolution 9, Seventy-sixth Congress), including services as +authorized by 5 U.S.C. 3109; payment in advance when authorized by the +treasurer of the Gallery for membership in library, museum, and art +associations or societies whose publications or services are available +to members only, or to members at a price lower than to the general +public; purchase, repair, and cleaning of uniforms for guards, and +uniforms, or allowances therefor, for other employees as authorized by +law (5 U.S.C. 5901-5902); purchase or rental of devices and services +for protecting buildings and contents thereof, and maintenance, +alteration, improvement, and repair of buildings, approaches, and +grounds; and purchase of services for restoration and repair of works +of art for the National Gallery of Art by contracts made, without +advertising, with individuals, firms, or organizations at such rates or +prices and under such terms and conditions as the Gallery may deem +proper, $144,202,000, to remain available until September 30, 2020, of +which not to exceed $3,620,000 for the special exhibition program shall +remain available until expended. + + repair, restoration and renovation of buildings + + For necessary expenses of repair, restoration and renovation of +buildings, grounds and facilities owned or occupied by the National +Gallery of Art, by contract or otherwise, for operating lease +agreements of no more than 10 years, with no extensions or renewals +beyond the 10 years, that address space needs created by the ongoing +renovations in the Master Facilities Plan, as authorized, $23,000,000, +to remain available until expended: Provided, That contracts awarded +for environmental systems, protection systems, and exterior repair or +renovation of buildings of the National Gallery of Art may be +negotiated with selected contractors and awarded on the basis of +contractor qualifications as well as price. + + John F. Kennedy Center for the Performing Arts + + operations and maintenance + + For necessary expenses for the operation, maintenance and security +of the John F. Kennedy Center for the Performing Arts, $24,490,000. + + capital repair and restoration + + For necessary expenses for capital repair and restoration of the +existing features of the building and site of the John F. Kennedy +Center for the Performing Arts, $16,800,000, to remain available until +expended. + + Woodrow Wilson International Center for Scholars + + salaries and expenses + + For expenses necessary in carrying out the provisions of the +Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of +passenger vehicles and services as authorized by 5 U.S.C. 3109, +$12,000,000, to remain available until September 30, 2020. + + National Foundation on the Arts and the Humanities + + National Endowment for the Arts + + grants and administration + + For necessary expenses to carry out the National Foundation on the +Arts and the Humanities Act of 1965, $155,000,000 shall be available to +the National Endowment for the Arts for the support of projects and +productions in the arts, including arts education and public outreach +activities, through assistance to organizations and individuals +pursuant to section 5 of the Act, for program support, and for +administering the functions of the Act, to remain available until +expended. + + National Endowment for the Humanities + + grants and administration + + For necessary expenses to carry out the National Foundation on the +Arts and the Humanities Act of 1965, $155,000,000 to remain available +until expended, of which $143,700,000 shall be available for support of +activities in the humanities, pursuant to section 7(c) of the Act and +for administering the functions of the Act; and $11,300,000 shall be +available to carry out the matching grants program pursuant to section +10(a)(2) of the Act, including $9,100,000 for the purposes of section +7(h): Provided, That appropriations for carrying out section 10(a)(2) +shall be available for obligation only in such amounts as may be equal +to the total amounts of gifts, bequests, devises of money, and other +property accepted by the chairman or by grantees of the National +Endowment for the Humanities under the provisions of sections +11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal +years for which equal amounts have not previously been appropriated. + + Administrative Provisions + + None of the funds appropriated to the National Foundation on the +Arts and the Humanities may be used to process any grant or contract +documents which do not include the text of 18 U.S.C. 1913: Provided, +That none of the funds appropriated to the National Foundation on the +Arts and the Humanities may be used for official reception and +representation expenses: Provided further, That funds from +nonappropriated sources may be used as necessary for official reception +and representation expenses: Provided further, That the Chairperson of +the National Endowment for the Arts may approve grants of up to +$10,000, if in the aggregate the amount of such grants does not exceed +5 percent of the sums appropriated for grantmaking purposes per year: +Provided further, That such small grant actions are taken pursuant to +the terms of an expressed and direct delegation of authority from the +National Council on the Arts to the Chairperson. + + Commission of Fine Arts + + salaries and expenses + + For expenses of the Commission of Fine Arts under chapter 91 of +title 40, United States Code, $2,771,000: Provided, That the +Commission is authorized to charge fees to cover the full costs of its +publications, and such fees shall be credited to this account as an +offsetting collection, to remain available until expended without +further appropriation: Provided further, That the Commission is +authorized to accept gifts, including objects, papers, artwork, +drawings and artifacts, that pertain to the history and design of the +Nation's Capital or the history and activities of the Commission of +Fine Arts, for the purpose of artistic display, study, or education: +Provided further, That one-tenth of one percent of the funds provided +under this heading may be used for official reception and +representation expenses. + + national capital arts and cultural affairs + + For necessary expenses as authorized by Public Law 99-190 (20 +U.S.C. 956a), $2,750,000. + + Advisory Council on Historic Preservation + + salaries and expenses + + For necessary expenses of the Advisory Council on Historic +Preservation (Public Law 89-665), $6,440,000. + + National Capital Planning Commission + + salaries and expenses + + For necessary expenses of the National Capital Planning Commission +under chapter 87 of title 40, United States Code, including services as +authorized by 5 U.S.C. 3109, $7,948,000: Provided, That one-quarter of +1 percent of the funds provided under this heading may be used for +official reception and representational expenses associated with +hosting international visitors engaged in the planning and physical +development of world capitals. + + United States Holocaust Memorial Museum + + holocaust memorial museum + + For expenses of the Holocaust Memorial Museum, as authorized by +Public Law 106-292 (36 U.S.C. 2301-2310), $59,500,000, of which +$1,715,000 shall remain available until September 30, 2021, for the +Museum's equipment replacement program; and of which $4,000,000 for the +Museum's repair and rehabilitation program and $1,500,000 for the +Museum's outreach initiatives program shall remain available until +expended. + + Dwight d. Eisenhower Memorial Commission + + salaries and expenses + + For necessary expenses of the Dwight D. Eisenhower Memorial +Commission, $1,800,000, to remain available until expended. + + women's suffrage centennial commission + + For necessary expenses for the Women's Suffrage Centennial +Commission, as authorized by the Women's Suffrage Centennial Commission +Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000, +to remain available until expended. + + world war i centennial commission + + salaries and expenses + + Notwithstanding section 9 of the World War I Centennial Commission +Act, as authorized by the World War I Centennial Commission Act (Public +Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National +Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), +for necessary expenses of the World War I Centennial Commission, +$7,000,000, to remain available until expended: Provided, That in +addition to the authority provided by section 6(g) of such Act, the +World War I Commission may accept money, in-kind personnel services, +contractual support, or any appropriate support from any executive +branch agency for activities of the Commission. + + TITLE IV + + GENERAL PROVISIONS + + (including transfers of funds) + + restriction on use of funds + + Sec. 401. No part of any appropriation contained in this Act shall +be available for any activity or the publication or distribution of +literature that in any way tends to promote public support or +opposition to any legislative proposal on which Congressional action is +not complete other than to communicate to Members of Congress as +described in 18 U.S.C. 1913. + + obligation of appropriations + + Sec. 402. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + + disclosure of administrative expenses + + Sec. 403. The amount and basis of estimated overhead charges, +deductions, reserves or holdbacks, including working capital fund and +cost pool charges, from programs, projects, activities and +subactivities to support government-wide, departmental, agency, or +bureau administrative functions or headquarters, regional, or central +operations shall be presented in annual budget justifications and +subject to approval by the Committees on Appropriations of the House of +Representatives and the Senate. Changes to such estimates shall be +presented to the Committees on Appropriations for approval. + + mining applications + + Sec. 404. (a) Limitation of Funds.--None of the funds appropriated +or otherwise made available pursuant to this Act shall be obligated or +expended to accept or process applications for a patent for any mining +or mill site claim located under the general mining laws. + (b) Exceptions.--Subsection (a) shall not apply if the Secretary of +the Interior determines that, for the claim concerned (1) a patent +application was filed with the Secretary on or before September 30, +1994; and (2) all requirements established under sections 2325 and 2326 +of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, +sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. +35, 36, and 37) for placer claims, and section 2337 of the Revised +Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were +fully complied with by the applicant by that date. + (c) Report.--On September 30, 2020, the Secretary of the Interior +shall file with the House and Senate Committees on Appropriations and +the Committee on Natural Resources of the House and the Committee on +Energy and Natural Resources of the Senate a report on actions taken by +the Department under the plan submitted pursuant to section 314(c) of +the Department of the Interior and Related Agencies Appropriations Act, +1997 (Public Law 104-208). + (d) Mineral Examinations.--In order to process patent applications +in a timely and responsible manner, upon the request of a patent +applicant, the Secretary of the Interior shall allow the applicant to +fund a qualified third-party contractor to be selected by the Director +of the Bureau of Land Management to conduct a mineral examination of +the mining claims or mill sites contained in a patent application as +set forth in subsection (b). The Bureau of Land Management shall have +the sole responsibility to choose and pay the third-party contractor in +accordance with the standard procedures employed by the Bureau of Land +Management in the retention of third-party contractors. + + contract support costs, prior year limitation + + Sec. 405. Sections 405 and 406 of division F of the Consolidated +and Further Continuing Appropriations Act, 2015 (Public Law 113-235) +shall continue in effect in fiscal year 2019. + + contract support costs, fiscal year 2019 limitation + + Sec. 406. Amounts provided by this Act for fiscal year 2019 under +the headings ``Department of Health and Human Services, Indian Health +Service, Contract Support Costs'' and ``Department of the Interior, +Bureau of Indian Affairs and Bureau of Indian Education, Contract +Support Costs'' are the only amounts available for contract support +costs arising out of self-determination or self-governance contracts, +grants, compacts, or annual funding agreements for fiscal year 2019 +with the Bureau of Indian Affairs or the Indian Health Service: +Provided, That such amounts provided by this Act are not available for +payment of claims for contract support costs for prior years, or for +repayments of payments for settlements or judgments awarding contract +support costs for prior years. + + forest management plans + + Sec. 407. The Secretary of Agriculture shall not be considered to +be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland +Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) +solely because more than 15 years have passed without revision of the +plan for a unit of the National Forest System. Nothing in this section +exempts the Secretary from any other requirement of the Forest and +Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or +any other law: Provided, That if the Secretary is not acting +expeditiously and in good faith, within the funding available, to +revise a plan for a unit of the National Forest System, this section +shall be void with respect to such plan and a court of proper +jurisdiction may order completion of the plan on an accelerated basis. + + prohibition within national monuments + + Sec. 408. No funds provided in this Act may be expended to conduct +preleasing, leasing and related activities under either the Mineral +Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf +Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National +Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 +et seq.) as such boundary existed on January 20, 2001, except where +such activities are allowed under the Presidential proclamation +establishing such monument. + + limitation on takings + + Sec. 409. Unless otherwise provided herein, no funds appropriated +in this Act for the acquisition of lands or interests in lands may be +expended for the filing of declarations of taking or complaints in +condemnation without the approval of the House and Senate Committees on +Appropriations: Provided, That this provision shall not apply to funds +appropriated to implement the Everglades National Park Protection and +Expansion Act of 1989, or to funds appropriated for Federal assistance +to the State of Florida to acquire lands for Everglades restoration +purposes. + + timber sale requirements + + Sec. 410. No timber sale in Alaska's Region 10 shall be advertised +if the indicated rate is deficit (defined as the value of the timber is +not sufficient to cover all logging and stumpage costs and provide a +normal profit and risk allowance under the Forest Service's appraisal +process) when appraised using a residual value appraisal. The western +red cedar timber from those sales which is surplus to the needs of the +domestic processors in Alaska, shall be made available to domestic +processors in the contiguous 48 United States at prevailing domestic +prices. All additional western red cedar volume not sold to Alaska or +contiguous 48 United States domestic processors may be exported to +foreign markets at the election of the timber sale holder. All Alaska +yellow cedar may be sold at prevailing export prices at the election of +the timber sale holder. + + prohibition on no-bid contracts + + Sec. 411. None of the funds appropriated or otherwise made +available by this Act to executive branch agencies may be used to enter +into any Federal contract unless such contract is entered into in +accordance with the requirements of Chapter 33 of title 41, United +States Code, or Chapter 137 of title 10, United States Code, and the +Federal Acquisition Regulation, unless-- + (1) Federal law specifically authorizes a contract to be + entered into without regard for these requirements, including + formula grants for States, or federally recognized Indian + tribes; or + (2) such contract is authorized by the Indian Self- + Determination and Education Assistance Act (Public Law 93-638, + 25 U.S.C. 450 et seq.) or by any other Federal laws that + specifically authorize a contract within an Indian tribe as + defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or + (3) such contract was awarded prior to the date of + enactment of this Act. + + posting of reports + + Sec. 412. (a) Any agency receiving funds made available in this +Act, shall, subject to subsections (b) and (c), post on the public +website of that agency any report required to be submitted by the +Congress in this or any other Act, upon the determination by the head +of the agency that it shall serve the national interest. + (b) Subsection (a) shall not apply to a report if-- + (1) the public posting of the report compromises national + security; or + (2) the report contains proprietary information. + (c) The head of the agency posting such report shall do so only +after such report has been made available to the requesting Committee +or Committees of Congress for no less than 45 days. + + national endowment for the arts grant guidelines + + Sec. 413. Of the funds provided to the National Endowment for the +Arts-- + (1) The Chairperson shall only award a grant to an + individual if such grant is awarded to such individual for a + literature fellowship, National Heritage Fellowship, or + American Jazz Masters Fellowship. + (2) The Chairperson shall establish procedures to ensure + that no funding provided through a grant, except a grant made + to a State or local arts agency, or regional group, may be used + to make a grant to any other organization or individual to + conduct activity independent of the direct grant recipient. + Nothing in this subsection shall prohibit payments made in + exchange for goods and services. + (3) No grant shall be used for seasonal support to a group, + unless the application is specific to the contents of the + season, including identified programs or projects. + + national endowment for the arts program priorities + + Sec. 414. (a) In providing services or awarding financial +assistance under the National Foundation on the Arts and the Humanities +Act of 1965 from funds appropriated under this Act, the Chairperson of +the National Endowment for the Arts shall ensure that priority is given +to providing services or awarding financial assistance for projects, +productions, workshops, or programs that serve underserved populations. + (b) In this section: + (1) The term ``underserved population'' means a population + of individuals, including urban minorities, who have + historically been outside the purview of arts and humanities + programs due to factors such as a high incidence of income + below the poverty line or to geographic isolation. + (2) The term ``poverty line'' means the poverty line (as + defined by the Office of Management and Budget, and revised + annually in accordance with section 673(2) of the Community + Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a + family of the size involved. + (c) In providing services and awarding financial assistance under +the National Foundation on the Arts and Humanities Act of 1965 with +funds appropriated by this Act, the Chairperson of the National +Endowment for the Arts shall ensure that priority is given to providing +services or awarding financial assistance for projects, productions, +workshops, or programs that will encourage public knowledge, education, +understanding, and appreciation of the arts. + (d) With funds appropriated by this Act to carry out section 5 of +the National Foundation on the Arts and Humanities Act of 1965-- + (1) the Chairperson shall establish a grant category for + projects, productions, workshops, or programs that are of + national impact or availability or are able to tour several + States; + (2) the Chairperson shall not make grants exceeding 15 + percent, in the aggregate, of such funds to any single State, + excluding grants made under the authority of paragraph (1); + (3) the Chairperson shall report to the Congress annually + and by State, on grants awarded by the Chairperson in each + grant category under section 5 of such Act; and + (4) the Chairperson shall encourage the use of grants to + improve and support community-based music performance and + education. + + status of balances of appropriations + + Sec. 415. The Department of the Interior, the Environmental +Protection Agency, the Forest Service, and the Indian Health Service +shall provide the Committees on Appropriations of the House of +Representatives and Senate quarterly reports on the status of balances +of appropriations including all uncommitted, committed, and unobligated +funds in each program and activity. + + prohibition on use of funds + + Sec. 416. Notwithstanding any other provision of law, none of the +funds made available in this Act or any other Act may be used to +promulgate or implement any regulation requiring the issuance of +permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for +carbon dioxide, nitrous oxide, water vapor, or methane emissions +resulting from biological processes associated with livestock +production. + + greenhouse gas reporting restrictions + + Sec. 417. Notwithstanding any other provision of law, none of the +funds made available in this or any other Act may be used to implement +any provision in a rule, if that provision requires mandatory reporting +of greenhouse gas emissions from manure management systems. + + funding prohibition + + Sec. 418. None of the funds made available by this or any other +Act may be used to regulate the lead content of ammunition, ammunition +components, or fishing tackle under the Toxic Substances Control Act +(15 U.S.C. 2601 et seq.) or any other law. + + contracting authorities + + Sec. 419. Section 412 of Division E of Public Law 112-74 is +amended by striking ``fiscal year 2019'' and inserting ``fiscal year +2020''. + + extension of grazing permits + + Sec. 420. The terms and conditions of section 325 of Public Law +108-108 (117 Stat. 1307), regarding grazing permits issued by the +Forest Service on any lands not subject to administration under section +402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), +shall remain in effect for fiscal year 2019. + + funding prohibition + + Sec. 421. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network is +designed to block access to pornography websites. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + + forest service facility realignment and enhancement act + + Sec. 422. Section 503(f) of the Forest Service Facility +Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public +Law 109-54) is amended by striking ``2018'' and inserting ``2019''. + + use of american iron and steel + + Sec. 423. (a)(1) None of the funds made available by a State water +pollution control revolving fund as authorized by section 1452 of the +Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project +for the construction, alteration, maintenance, or repair of a public +water system or treatment works unless all of the iron and steel +products used in the project are produced in the United States. + (2) In this section, the term ``iron and steel'' products means the +following products made primarily of iron or steel: lined or unlined +pipes and fittings, manhole covers and other municipal castings, +hydrants, tanks, flanges, pipe clamps and restraints, valves, +structural steel, reinforced precast concrete, and construction +materials. + (b) Subsection (a) shall not apply in any case or category of cases +in which the Administrator of the Environmental Protection Agency (in +this section referred to as the ``Administrator'') finds that-- + (1) applying subsection (a) would be inconsistent with the + public interest; + (2) iron and steel products are not produced in the United + States in sufficient and reasonably available quantities and of + a satisfactory quality; or + (3) inclusion of iron and steel products produced in the + United States will increase the cost of the overall project by + more than 25 percent. + (c) If the Administrator receives a request for a waiver under this +section, the Administrator shall make available to the public on an +informal basis a copy of the request and information available to the +Administrator concerning the request, and shall allow for informal +public input on the request for at least 15 days prior to making a +finding based on the request. The Administrator shall make the request +and accompanying information available by electronic means, including +on the official public Internet Web site of the Environmental +Protection Agency. + (d) This section shall be applied in a manner consistent with +United States obligations under international agreements. + (e) The Administrator may retain up to 0.25 percent of the funds +appropriated in this Act for the Clean and Drinking Water State +Revolving Funds for carrying out the provisions described in subsection +(a)(1) for management and oversight of the requirements of this +section. + + midway island + + Sec. 424. None of the funds made available by this Act may be used +to destroy any buildings or structures on Midway Island that have been +recommended by the United States Navy for inclusion in the National +Register of Historic Places (54 U.S.C. 302101). + + john f. kennedy center reauthorization + + Sec. 425. Section 13 of the John F. Kennedy Center Act (20 U.S.C. +76r) is amended by striking subsections (a) and (b) and inserting the +following: + ``(a) Maintenance, Repair, and Security.--There is authorized to be +appropriated to the Board to carry out section 4(a)(1)(H), $24,490,000 +for fiscal year 2019. + ``(b) Capital Projects.--There is authorized to be appropriated to +the Board to carry out subparagraphs (F) and (G) of section 4(a)(1), +$16,800,000 for fiscal year 2019.''. + +local cooperator training agreements and transfers of excess equipment + and supplies for wildfires + + Sec. 426. The Secretary of the Interior is authorized to enter +into grants and cooperative agreements with volunteer fire departments, +rural fire departments, rangeland fire protection associations, and +similar organizations to provide for wildland fire training and +equipment, including supplies and communication devices. +Notwithstanding 121(c) of title 40, United States Code, or section 521 +of title 40, United States Code, the Secretary is further authorized to +transfer title to excess Department of the Interior firefighting +equipment no longer needed to carry out the functions of the +Department's wildland fire management program to such organizations. + + infrastructure + + Sec. 427. (a) For an additional amount for ``Environmental +Protection Agency--Hazardous Substance Superfund'', $43,000,000, of +which $38,000,000 shall be for the Superfund Remedial program and +$5,000,000 shall be for the Superfund Emergency Response and Removal +program, to remain available until expended, consisting of such sums as +are available in the Trust Fund on September 30, 2018, as authorized by +section 517(a) of the Superfund Amendments and Reauthorization Act of +1986 (SARA) and up to $43,000,000 as a payment from general revenues to +the Hazardous Substance Superfund for purposes as authorized by section +517(b) of SARA. + (b) For an additional amount for ``Environmental Protection +Agency--State and Tribal Assistance Grants,'' for environmental +programs and infrastructure assistance, including capitalization grants +for State revolving funds and performance partnership grants, +$670,000,000 to remain available until expended, of which-- + (1) $300,000,000 shall be for making capitalization grants + for the Clean Water State Revolving Funds under title VI of the + Federal Water Pollution Control Act; and of which $300,000,000 + shall be for making capitalization grants for the Drinking + Water State Revolving Funds under section 1452 of the Safe + Drinking Water Act; + (2) $30,000,000 shall be for grants for small and + disadvantaged communities authorized in section 2104 of the + Water Infrastructure Improvements for the Nation Act (Public + Law 114-322); + (3) $25,000,000 shall be for grants for lead testing in + school and child care program drinking water authorized in + section 2107 of the Water Infrastructure Improvements for the + Nation Act (Public Law 114-322); + (4) $15,000,000 shall be for grants for reducing lead in + drinking water authorized in section 2105 of the Water + Infrastructure Improvements for the Nation Act (Public Law 114- + 322). + (c) For an additional amount for ``Environmental Protection +Agency--Water Infrastructure Finance and Innovation Program Account'', +$53,000,000, to remain available until expended, for the cost of direct +loans, for the cost of guaranteed loans, and for administrative +expenses to carry out the direct and guaranteed loan programs, of which +$3,000,000, to remain available until September 30, 2020, may be used +for such administrative expenses: Provided, That these additional +funds are available to subsidize gross obligations for the principal +amount of direct loans, including capitalized interest, and total loan +principal, including capitalized interest, any part of which is to be +guaranteed, not to exceed $6,100,000,000. + + policies relating to biomass energy + + Sec. 428. To support the key role that forests in the United +States can play in addressing the energy needs of the United States, +the Secretary of Energy, the Secretary of Agriculture, and the +Administrator of the Environmental Protection Agency shall, consistent +with their missions, jointly-- + (1) ensure that Federal policy relating to forest + bioenergy-- + (A) is consistent across all Federal departments + and agencies; and + (B) recognizes the full benefits of the use of + forest biomass for energy, conservation, and + responsible forest management; and + (2) establish clear and simple policies for the use of + forest biomass as an energy solution, including policies that-- + (A) reflect the carbon-neutrality of forest + bioenergy and recognize biomass as a renewable energy + source, provided the use of forest biomass for energy + production does not cause conversion of forests to non- + forest use; + (B) encourage private investment throughout the + forest biomass supply chain, including in-- + (i) working forests; + (ii) harvesting operations; + (iii) forest improvement operations; + (iv) forest bioenergy production; + (v) wood products manufacturing; or + (vi) paper manufacturing; + (C) encourage forest management to improve forest + health; and + (D) recognize State initiatives to produce and use + forest biomass. + + clarification of exemptions + + Sec. 429. None of the funds made available in this Act may be used +to require a permit for the discharge of dredged or fill material under +the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for +the activities identified in subparagraphs (A) and (C) of section +404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). + + small remote incinerators + + Sec. 430. None of the funds made available in this Act may be used +to implement or enforce the regulation issued on March 21, 2011 at 40 +CFR part 60 subparts CCCC and DDDD with respect to units in the State +of Alaska that are defined as ``small, remote incinerator'' units in +those regulations and, until a subsequent regulation is issued, the +Administrator shall implement the law and regulations in effect prior +to such date. + + recreation fees + + Sec. 431. Section 810 of the Federal Lands Recreation Enhancement +Act (16 U.S.C. 6809) shall be applied by substituting ``October 1, +2020'' for ``September 30, 2019''. + Sec. 432. (a) None of the funds appropriated or otherwise made +available under this Act may be used by the Department of the Interior, +the Environmental Protection Agency, the Forest Service, the Indian +Health Service, or the Smithsonian Institution to acquire +telecommunications equipment produced by Huawei Technologies Company, +ZTE Corporation or a high-impact or moderate-impact information system, +as defined for security categorization in the National Institute of +Standards and Technology's (NIST) Federal Information Processing +Standard Publication 199, ``Standards for Security Categorization of +Federal Information and Information Systems'' unless the agency has-- + (1) reviewed the supply chain risk for the information + systems against criteria developed by NIST to inform + acquisition decisions for high-impact and moderate-impact + information systems within the Federal Government; + (2) reviewed the supply chain risk from the presumptive + awardee against available and relevant threat information + provided by the Federal Bureau of Investigation and other + appropriate agencies; and + (3) in consultation with the Federal Bureau of + Investigation or other appropriate Federal entity, conducted an + assessment of any risk of cyber-espionage or sabotage + associated with the acquisition of such system, including any + risk associated with such system being produced, manufactured, + or assembled by one or more entities identified by the United + States Government as posing a cyber threat, including but not + limited to, those that may be owned, directed, or subsidized by + the People's Republic of China, the Islamic Republic of Iran, + the Democratic People's Republic of Korea, or the Russian + Federation. + (b) None of the funds appropriated or otherwise made available +under this Act may be used to acquire a high-impact or moderate impact +information system reviewed and assessed under subsection (a) unless +the head of the assessing entity described in subsection (a) has-- + (1) developed, in consultation with NIST and supply chain + risk management experts, a mitigation strategy for any + identified risks; + (2) determined, in consultation with NIST and the Federal + Bureau of Investigation, that the acquisition of such system is + in the vital national security interest of the United States; + and + (3) reported that determination to the Committees on + Appropriations of the House of Representatives and the Senate + in a manner that identifies the system intended for acquisition + and a detailed description of the mitigation strategies + identified in (1), provided that such report may include a + classified annex as necessary. + Sec. 433. Within available funds, not later than 180 days after +the date of enactment of this Act, the Comptroller General of the +United States shall issue a report on efforts by the Department of +Housing and Urban Development and the Environmental Protection Agency +relating to the removal of lead-based paint and other hazardous +materials, which shall include-- + (1) a description of direct removal efforts by the + Department of Housing and Urban Development and the + Environmental Protection Agency; + (2) a description of education provided by the Department + of Housing and Urban Development and the Environmental + Protection Agency to other Federal agencies, local governments + and communities, recipients of grants made by either entity, + and the general public relating to the removal of lead-based + paint and other hazardous materials; + (3) a description of assistance received from other Federal + agencies relating to the removal of lead-based paint and other + hazardous materials; and + (4) any best practices developed or provided by the + Department of Housing and Urban Development and the + Environmental Protection Agency relating to the removal of + lead-based paint and other hazardous materials. + Sec. 434. (a) Within available funds for the National Forest +System, the Secretary of Agriculture shall conduct an inventory and +evaluation of certain land, as generally depicted on the map entitled +``Flatside Wilderness Adjacent Inventory Areas'' and dated November 30, +2017, to determine the suitability of that land for inclusion in the +National Wilderness Preservation System. + (b) The Chief of the Forest Service shall submit to the Committees +on Agriculture, Nutrition, and Forestry, Appropriations, and Energy and +Natural Resources of the Senate the results of the inventory and +evaluation required under subsection (a). + + addressing pediatric cancer rates in the united states + + Sec. 435. (a) Report Identifying Geographic Variation of Types of +Pediatric Cancer.--Using funds appropriated under the heading ``Toxic +Substances and Environmental Health'' for the Agency for Toxic +Substances and Disease Registry, the Secretary of Health and Human +Services, not later than 180 days after the date of enactment of this +Act, shall submit to the Committee on Health, Education, Labor, and +Pensions of the Senate, the Committee on Appropriations of the Senate, +the Committee on Energy and Commerce of the House of Representatives, +and the Committee on Appropriations of the House of Representatives, a +report that provides details on the geographic variation in pediatric +cancer incidence in the United States, including-- + (1) the types of pediatric cancer within each of the 10 + States with the highest age-adjusted incidence rate of cancer + among persons aged 20 years or younger; + (2) geographic concentrations of types and prevalence of + pediatric cancers within each such State, in accordance with + Centers for Disease Control and Prevention guidelines; and + (3) an update on current activities related to pediatric + cancer, including with respect to carrying out section 399V-6 + of the Public Health Service Act (42 U.S.C. 280g-17). + (b) Support for States With High Incidence of Pediatric Cancer.-- +Using funds appropriated under the heading ``Toxic Substances and +Environmental Public Health'' for the Agency for Toxic Substances and +Disease Registry, the Secretary of Health and Human Services may +conduct public outreach, in collaboration with State departments of +health, particularly in the 10 States with the highest age-adjusted +incidence rate of cancer among persons aged 20 years or younger, to +improve awareness by residents, clinicians, and others, as appropriate, +of possible contributing factors to pediatric cancer, including +environmental exposures, in a manner that is complementary of, and does +not conflict with, ongoing pediatric cancer-related activities +supported by the Department of Health and Human Services. + (c) Privacy.--The Secretary of Health and Human Services shall +ensure that all information with respect to patients that is contained +in the reports under this section is de-identified and protects +personal privacy of such patients in accordance with applicable Federal +and State privacy law. + + explanatory statement + + Sec. 436. The explanatory statement regarding division A of H.R. +21, printed in the Congressional Record on January 3, 2019, and +submitted by the Chair of the Committee on Appropriations, shall have +the same effect with respect to allocation of funds and implementation +of this Act as if it were a joint explanatory statement of a committee +of conference. + + compensation for federal employees furloughed during a government + shutdown + + Sec. 437. (a) Employees furloughed as a result of any lapse in +appropriations beginning on or about December 22, 2018 and ending on +the date of enactment of this Act shall be compensated at their +standard rate of compensation, for the period of such lapse in +appropriations, as soon as practicable after such lapse in +appropriations ends. + (b) For purposes of this section, ``employees'' means any Federal +employees whose salaries and expenses are provided in this Act. + (c) All obligations incurred in anticipation of the appropriations +made and authority granted by this Act for the purposes of maintaining +the essential level of activity to protect life and property and +bringing about orderly termination of Government functions, and for +purposes as otherwise authorized by law, are hereby ratified and +approved if otherwise in accord with the provisions of this Act. + +states, territories, possessions and other federal grantees impacted by + a government shutdown + + Sec. 438. (a) If a State (or another Federal grantee) used State +funds (or the grantee's non-Federal funds) to continue carrying out a +Federal program or furloughed State employees (or the grantee's +employees) whose compensation is advanced or reimbursed in whole or in +part by the Federal Government-- + (1) such furloughed employees shall be compensated at their + standard rate of compensation for such period; + (2) the State (or such other grantee) shall be reimbursed + for expenses that would have been paid by the Federal + Government during such period had appropriations been + available, including the cost of compensating such furloughed + employees, together with interest thereon calculated under + section 6503(d) of title 31, United States Code; and + (3) the State (or such other grantee) may use funds + available to the State (or the grantee) under such Federal + program to reimburse such State (or the grantee), together with + interest thereon calculated under section 6503(d) of title 31, + United States Code. + (b) For purposes of this section, the term ``State'' and the term +``grantee,'' including United States territories and possessions, shall +have the meaning given such terms under the applicable Federal program +under subsection (a). In addition, ``to continue carrying out a Federal +program'' means the continued performance by a State or other Federal +grantee, during the period of a lapse in appropriations, of a Federal +program that the State or such other grantee had been carrying out +prior to the period of the lapse in appropriations. + (c) The authority under this section applies with respect to any +period in fiscal year 2019 (not limited to periods beginning or ending +after the date of the enactment of this Act) during which there occurs +a lapse in appropriations with respect to any department or agency of +the Federal Government receiving funding in this Act which, but for +such lapse in appropriations, would have paid, or made reimbursement +relating to, any of the expenses referred to in this section with +respect to the program involved. Payments and reimbursements under this +authority shall be made only to the extent and in amounts provided in +advance in appropriations Acts. + This Act may be cited as the ``Department of the Interior, +Environment, and Related Agencies Appropriations Act, 2019''. + \ No newline at end of file From 94f4664d7bda83ba4054bbf95dd55a3311aed8a0 Mon Sep 17 00:00:00 2001 From: "Rep. McCollum, Betty [D-MN-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 015/984] House-266: Engrossed in House --- bills_text/House-266.txt | 47 +++++++++++++++++++++------------------- 1 file changed, 25 insertions(+), 22 deletions(-) diff --git a/bills_text/House-266.txt b/bills_text/House-266.txt index 5e59f99..ec9b479 100644 --- a/bills_text/House-266.txt +++ b/bills_text/House-266.txt @@ -2,24 +2,9 @@ 1st Session H. R. 266 -Making appropriations for the Department of the Interior, environment, -and related agencies for the fiscal year ending September 30, 2019, and - for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 8, 2019 - - Ms. McCollum introduced the following bill; which was referred to the - Committee on Appropriations - -_______________________________________________________________________ - - A BILL + AN ACT @@ -28,11 +13,11 @@ and related agencies for the fiscal year ending September 30, 2019, and for other purposes. Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, That the following sums -are appropriated, out of any money in the Treasury not otherwise -appropriated, for the Department of the Interior, environment, and -related agencies for the fiscal year ending September 30, 2019, and for -other purposes, namely: +United States of America in Congress assembled, +That the following sums are appropriated, out of any money in the +Treasury not otherwise appropriated, for the Department of the +Interior, environment, and related agencies for the fiscal year ending +September 30, 2019, and for other purposes, namely: TITLE I @@ -3478,4 +3463,22 @@ authority shall be made only to the extent and in amounts provided in advance in appropriations Acts. This Act may be cited as the ``Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019''. - \ No newline at end of file + + Passed the House of Representatives January 11, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 266 + +_______________________________________________________________________ + + AN ACT + +Making appropriations for the Department of the Interior, environment, +and related agencies for the fiscal year ending September 30, 2019, and + for other purposes. From 17b1b3932b1cfcb889bc0fd6767110a75f97f4dd Mon Sep 17 00:00:00 2001 From: "Rep. McCollum, Betty [D-MN-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 016/984] House-266: Enrolled --- bills_text/House-266.txt | 3964 +++++--------------------------------- 1 file changed, 515 insertions(+), 3449 deletions(-) diff --git a/bills_text/House-266.txt b/bills_text/House-266.txt index ec9b479..824e3b3 100644 --- a/bills_text/House-266.txt +++ b/bills_text/House-266.txt @@ -1,3484 +1,550 @@ -116th CONGRESS - 1st Session - H. R. 266 + H.R.266 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + United States of America - -Making appropriations for the Department of the Interior, environment, -and related agencies for the fiscal year ending September 30, 2019, and - for other purposes. - - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, -That the following sums are appropriated, out of any money in the -Treasury not otherwise appropriated, for the Department of the -Interior, environment, and related agencies for the fiscal year ending -September 30, 2019, and for other purposes, namely: - - TITLE I - - DEPARTMENT OF THE INTERIOR - - Bureau of Land Management - - management of lands and resources - - For necessary expenses for protection, use, improvement, -development, disposal, cadastral surveying, classification, acquisition -of easements and other interests in lands, and performance of other -functions, including maintenance of facilities, as authorized by law, -in the management of lands and their resources under the jurisdiction -of the Bureau of Land Management, including the general administration -of the Bureau, and assessment of mineral potential of public lands -pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), -$1,196,143,000, to remain available until expended, including all such -amounts as are collected from permit processing fees, as authorized but -made subject to future appropriation by section 35(d)(3)(A)(i) of the -Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit -processing fees may be used for any bureau-related expenses associated -with the processing of oil and gas applications for permits to drill -and related use of authorizations: Provided, That of the amounts made -available under this heading, $2,000,000 shall be made available to -carry out the Colorado River Basin salinity control program. - In addition, $39,696,000 is for Mining Law Administration program -operations, including the cost of administering the mining claim fee -program, to remain available until expended, to be reduced by amounts -collected by the Bureau and credited to this appropriation from mining -claim maintenance fees and location fees that are hereby authorized for -fiscal year 2019, so as to result in a final appropriation estimated at -not more than $1,196,143,000, and $2,000,000, to remain available until -expended, from communication site rental fees established by the Bureau -for the cost of administering communication site activities. - - land acquisition - - For expenses necessary to carry out sections 205, 206, and 318(d) -of Public Law 94-579, including administrative expenses and acquisition -of lands or waters, or interests therein, $26,016,000, to be derived -from the Land and Water Conservation Fund and to remain available until -expended. - - oregon and california grant lands - - For expenses necessary for management, protection, and development -of resources and for construction, operation, and maintenance of access -roads, reforestation, and other improvements on the revested Oregon and -California Railroad grant lands, on other Federal lands in the Oregon -and California land-grant counties of Oregon, and on adjacent rights- -of-way; and acquisition of lands or interests therein, including -existing connecting roads on or adjacent to such grant lands; -$106,543,000, to remain available until expended: Provided, That 25 -percent of the aggregate of all receipts during the current fiscal year -from the revested Oregon and California Railroad grant lands is hereby -made a charge against the Oregon and California land-grant fund and -shall be transferred to the General Fund in the Treasury in accordance -with the second paragraph of subsection (b) of title II of the Act of -August 28, 1937 (43 U.S.C. 2605). - - range improvements - - For rehabilitation, protection, and acquisition of lands and -interests therein, and improvement of Federal rangelands pursuant to -section 401 of the Federal Land Policy and Management Act of 1976 (43 -U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent -of all moneys received during the prior fiscal year under sections 3 -and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount -designated for range improvements from grazing fees and mineral leasing -receipts from Bankhead-Jones lands transferred to the Department of the -Interior pursuant to law, but not less than $10,000,000, to remain -available until expended: Provided, That not to exceed $600,000 shall -be available for administrative expenses. - - service charges, deposits, and forfeitures - - For administrative expenses and other costs related to processing -application documents and other authorizations for use and disposal of -public lands and resources, for costs of providing copies of official -public land documents, for monitoring construction, operation, and -termination of facilities in conjunction with use authorizations, and -for rehabilitation of damaged property, such amounts as may be -collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under -section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain -available until expended: Provided, That notwithstanding any provision -to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. -1735(a)), any moneys that have been or will be received pursuant to -that section, whether as a result of forfeiture, compromise, or -settlement, if not appropriate for refund pursuant to section 305(c) of -that Act (43 U.S.C. 1735(c)), shall be available and may be expended -under the authority of this Act by the Secretary to improve, protect, -or rehabilitate any public lands administered through the Bureau of -Land Management which have been damaged by the action of a resource -developer, purchaser, permittee, or any unauthorized person, without -regard to whether all moneys collected from each such action are used -on the exact lands damaged which led to the action: Provided further, -That any such moneys that are in excess of amounts needed to repair -damage to the exact land for which funds were collected may be used to -repair other damaged public lands. - - miscellaneous trust funds - - In addition to amounts authorized to be expended under existing -laws, there is hereby appropriated such amounts as may be contributed -under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such -amounts as may be advanced for administrative costs, surveys, -appraisals, and costs of making conveyances of omitted lands under -section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available -until expended. - - administrative provisions - - The Bureau of Land Management may carry out the operations funded -under this Act by direct expenditure, contracts, grants, cooperative -agreements and reimbursable agreements with public and private -entities, including with States. Appropriations for the Bureau shall be -available for purchase, erection, and dismantlement of temporary -structures, and alteration and maintenance of necessary buildings and -appurtenant facilities to which the United States has title; up to -$100,000 for payments, at the discretion of the Secretary, for -information or evidence concerning violations of laws administered by -the Bureau; miscellaneous and emergency expenses of enforcement -activities authorized or approved by the Secretary and to be accounted -for solely on the Secretary's certificate, not to exceed $10,000: -Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the -Bureau may, under cooperative cost-sharing and partnership arrangements -authorized by law, procure printing services from cooperators in -connection with jointly produced publications for which the cooperators -share the cost of printing either in cash or in services, and the -Bureau determines the cooperator is capable of meeting accepted quality -standards: Provided further, That projects to be funded pursuant to a -written commitment by a State government to provide an identified -amount of money in support of the project may be carried out by the -Bureau on a reimbursable basis. Appropriations herein made shall not be -available for the destruction of healthy, unadopted, wild horses and -burros in the care of the Bureau or its contractors or for the sale of -wild horses and burros that results in their destruction for processing -into commercial products. - - United States Fish and Wildlife Service - - resource management - - For necessary expenses of the United States Fish and Wildlife -Service, as authorized by law, and for scientific and economic studies, -general administration, and for the performance of other authorized -functions related to such resources, $1,292,067,000, to remain -available until September 30, 2020: Provided, That not to exceed -$17,818,000 shall be used for implementing subsections (a), (b), (c), -and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. -1533) (except for processing petitions, developing and issuing proposed -and final regulations, and taking any other steps to implement actions -described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)). - - construction - - For construction, improvement, acquisition, or removal of buildings -and other facilities required in the conservation, management, -investigation, protection, and utilization of fish and wildlife -resources, and the acquisition of lands and interests therein; -$50,413,000, to remain available until expended. - - land acquisition - - For expenses necessary to carry out chapter 2003 of title 54, -United States Code, including administrative expenses, and for -acquisition of land or waters, or interest therein, in accordance with -statutory authority applicable to the United States Fish and Wildlife -Service, $45,189,000, to be derived from the Land and Water -Conservation Fund and to remain available until expended: Provided, -That none of the funds appropriated for specific land acquisition -projects may be used to pay for any administrative overhead, planning -or other management costs. - - cooperative endangered species conservation fund - - For expenses necessary to carry out section 6 of the Endangered -Species Act of 1973 (16 U.S.C. 1535), $49,495,000, to remain available -until expended, of which $18,695,000 is to be derived from the -Cooperative Endangered Species Conservation Fund; and of which -$30,800,000 is to be derived from the Land and Water Conservation Fund. - - national wildlife refuge fund - - For expenses necessary to implement the Act of October 17, 1978 (16 -U.S.C. 715s), $13,228,000. - - north american wetlands conservation fund - - For expenses necessary to carry out the provisions of the North -American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), -$43,000,000, to remain available until expended. - - neotropical migratory bird conservation - - For expenses necessary to carry out the Neotropical Migratory Bird -Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain -available until expended. - - multinational species conservation fund - - For expenses necessary to carry out the African Elephant -Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant -Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and -Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape -Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine -Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $12,061,000, -to remain available until expended. - - state and tribal wildlife grants - - For wildlife conservation grants to States and to the District of -Columbia, Puerto Rico, Guam, the United States Virgin Islands, the -Northern Mariana Islands, American Samoa, and Indian tribes under the -provisions of the Fish and Wildlife Act of 1956 and the Fish and -Wildlife Coordination Act, for the development and implementation of -programs for the benefit of wildlife and their habitat, including -species that are not hunted or fished, $65,571,000, to remain available -until expended: Provided, That of the amount provided herein, -$4,209,000 is for a competitive grant program for Indian tribes not -subject to the remaining provisions of this appropriation: Provided -further, That $6,362,000 is for a competitive grant program to -implement approved plans for States, territories, and other -jurisdictions and at the discretion of affected States, the regional -Associations of fish and wildlife agencies, not subject to the -remaining provisions of this appropriation: Provided further, That the -Secretary shall, after deducting $10,571,000 and administrative -expenses, apportion the amount provided herein in the following manner: -(1) to the District of Columbia and to the Commonwealth of Puerto Rico, -each a sum equal to not more than one-half of 1 percent thereof; and -(2) to Guam, American Samoa, the United States Virgin Islands, and the -Commonwealth of the Northern Mariana Islands, each a sum equal to not -more than one-fourth of 1 percent thereof: Provided further, That the -Secretary shall apportion the remaining amount in the following manner: -(1) one-third of which is based on the ratio to which the land area of -such State bears to the total land area of all such States; and (2) -two-thirds of which is based on the ratio to which the population of -such State bears to the total population of all such States: Provided -further, That the amounts apportioned under this paragraph shall be -adjusted equitably so that no State shall be apportioned a sum which is -less than 1 percent of the amount available for apportionment under -this paragraph for any fiscal year or more than 5 percent of such -amount: Provided further, That the Federal share of planning grants -shall not exceed 75 percent of the total costs of such projects and the -Federal share of implementation grants shall not exceed 65 percent of -the total costs of such projects: Provided further, That the non- -Federal share of such projects may not be derived from Federal grant -programs: Provided further, That any amount apportioned in 2019 to any -State, territory, or other jurisdiction that remains unobligated as of -September 30, 2020, shall be reapportioned, together with funds -appropriated in 2021, in the manner provided herein. - - administrative provisions - - The United States Fish and Wildlife Service may carry out the -operations of Service programs by direct expenditure, contracts, -grants, cooperative agreements and reimbursable agreements with public -and private entities. Appropriations and funds available to the United -States Fish and Wildlife Service shall be available for repair of -damage to public roads within and adjacent to reservation areas caused -by operations of the Service; options for the purchase of land at not -to exceed $1 for each option; facilities incident to such public -recreational uses on conservation areas as are consistent with their -primary purpose; and the maintenance and improvement of aquaria, -buildings, and other facilities under the jurisdiction of the Service -and to which the United States has title, and which are used pursuant -to law in connection with management, and investigation of fish and -wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the -Service may, under cooperative cost sharing and partnership -arrangements authorized by law, procure printing services from -cooperators in connection with jointly produced publications for which -the cooperators share at least one-half the cost of printing either in -cash or services and the Service determines the cooperator is capable -of meeting accepted quality standards: Provided further, That the -Service may accept donated aircraft as replacements for existing -aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all -fees collected for non-toxic shot review and approval shall be -deposited under the heading ``United States Fish and Wildlife Service-- -Resource Management'' and shall be available to the Secretary, without -further appropriation, to be used for expenses of processing of such -non-toxic shot type or coating applications and revising regulations as -necessary, and shall remain available until expended. - - National Park Service - - operation of the national park system - - For expenses necessary for the management, operation, and -maintenance of areas and facilities administered by the National Park -Service and for the general administration of the National Park -Service, $2,500,369,000, of which $10,032,000 for planning and -interagency coordination in support of Everglades restoration and -$141,961,000 for maintenance, repair, or rehabilitation projects for -constructed assets and $149,075,000 for cyclic maintenance projects for -constructed assets shall remain available until September 30, 2020: -Provided, That funds appropriated under this heading in this Act are -available for the purposes of section 5 of Public Law 95-348: Provided -further, That notwithstanding section 9(a) of the United States -Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 -Stat. 691), $500,000 of the funds made available under this heading -shall be provided to the organization selected under section 9(b) of -that Act for expenditure by the United States Semiquincentennial -Commission in accordance with that Act. - - national recreation and preservation - - For expenses necessary to carry out recreation programs, natural -programs, cultural programs, heritage partnership programs, -environmental compliance and review, international park affairs, and -grant administration, not otherwise provided for, $64,138,000. - - historic preservation fund - For expenses necessary in carrying out the National Historic -Preservation Act (division A of subtitle III of title 54, United States -Code), $91,910,000, to be derived from the Historic Preservation Fund -and to remain available until September 30, 2020: Provided , That of -the funds provided for the Historic Preservation Fund, $500,000 is for -competitive grants for the survey and nomination of properties to the -National Register of Historic Places and as National Historic Landmarks -associated with communities currently under-represented, as determined -by the Secretary, $13,000,000 is for competitive grants to preserve the -sites and stories of the Civil Rights movement, $8,000,000 is for -grants to Historically Black Colleges and Universities, and $5,000,000 -is for competitive grants for the restoration of historic properties of -national, State and local significance listed on or eligible for -inclusion on the National Register of Historic Places, to be made -without imposing the usage or direct grant restrictions of section -101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation -Act: Provided further, That such competitive grants shall be made -without imposing the matching requirements in section 302902(b)(3) of -title 54, United States Code, to States and Indian tribes as defined in -chapter 3003 of such title, Native Hawaiian organizations, local -governments, including Certified Local Governments, and non-profit -organizations. + AT THE SECOND SESSION - construction + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty - For construction, improvements, repair, or replacement of physical -facilities, and compliance and planning for programs and areas -administered by the National Park Service, $364,704,000, to remain -available until expended: Provided, That notwithstanding any other -provision of law, for any project initially funded in fiscal year 2019 -with a future phase indicated in the National Park Service 5-Year Line -Item Construction Plan, a single procurement may be issued which -includes the full scope of the project: Provided further, That the -solicitation and contract shall contain the clause availability of -funds found at 48 CFR 52.232-18: Provided further, That National Park -Service Donations, Park Concessions Franchise Fees, and Recreation Fees -may be made available for the cost of adjustments and changes within -the original scope of effort for projects funded by the National Park -Service Construction appropriation: Provided further, That the -Secretary of the Interior shall consult with the Committees on -Appropriations, in accordance with current reprogramming thresholds, -prior to making any charges authorized by this section. - land acquisition and state assistance + An Act - For expenses necessary to carry out chapter 2003 of title 54, -United States Code, including administrative expenses, and for -acquisition of lands or waters, or interest therein, in accordance with -the statutory authority applicable to the National Park Service, -$174,444,000, to be derived from the Land and Water Conservation Fund -and to remain available until expended, of which $124,006,000 is for -the State assistance program and of which $15,000,000 shall be for the -American Battlefield Protection Program grants as authorized by chapter -3081 of title 54, United States Code. - centennial challenge - - For expenses necessary to carry out the provisions of section -101701 of title 54, United States Code, relating to challenge cost -share agreements, $23,000,000, to remain available until expended, for -Centennial Challenge projects and programs: Provided, That not less -than 50 percent of the total cost of each project or program shall be -derived from non-Federal sources in the form of donated cash, assets, -or a pledge of donation guaranteed by an irrevocable letter of credit. - - administrative provisions - - (including transfer of funds) - - In addition to other uses set forth in section 101917(c)(2) of -title 54, United States Code, franchise fees credited to a sub-account -shall be available for expenditure by the Secretary, without further -appropriation, for use at any unit within the National Park System to -extinguish or reduce liability for Possessory Interest or leasehold -surrender interest. Such funds may only be used for this purpose to the -extent that the benefitting unit anticipated franchise fee receipts -over the term of the contract at that unit exceed the amount of funds -used to extinguish or reduce liability. Franchise fees at the -benefitting unit shall be credited to the sub-account of the -originating unit over a period not to exceed the term of a single -contract at the benefitting unit, in the amount of funds so expended to -extinguish or reduce liability. - For the costs of administration of the Land and Water Conservation -Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico -Energy Security Act of 2006 (Public Law 109-432), the National Park -Service may retain up to 3 percent of the amounts which are authorized -to be disbursed under such section, such retained amounts to remain -available until expended. - National Park Service funds may be transferred to the Federal -Highway Administration (FHWA), Department of Transportation, for -purposes authorized under 23 U.S.C. 204. Transfers may include a -reasonable amount for FHWA administrative support costs. - - United States Geological Survey - - surveys, investigations, and research - - For expenses necessary for the United States Geological Survey to -perform surveys, investigations, and research covering topography, -geology, hydrology, biology, and the mineral and water resources of the -United States, its territories and possessions, and other areas as -authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their -mineral and water resources; give engineering supervision to power -permittees and Federal Energy Regulatory Commission licensees; -administer the minerals exploration program (30 U.S.C. 641); conduct -inquiries into the economic conditions affecting mining and materials -processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) -and related purposes as authorized by law; and to publish and -disseminate data relative to the foregoing activities; $1,148,457,000, -to remain available until September 30, 2020; of which $100,000 shall -be made available to the United States Geological Survey Mineral -Resources Program for the development of a map depicting pyrrhotite -occurrences throughout the United States; of which $84,337,000 shall -remain available until expended for satellite operations; and of which -$15,164,000 shall be available until expended for deferred maintenance -and capital improvement projects that exceed $100,000 in cost: -Provided, That none of the funds provided for the ecosystem research -activity shall be used to conduct new surveys on private property, -unless specifically authorized in writing by the property owner: -Provided further, That no part of this appropriation shall be used to -pay more than one-half the cost of topographic mapping or water -resources data collection and investigations carried on in cooperation -with States and municipalities: Provided further, That of the amounts -made available under this heading, not less than $200,000 shall be used -for activities to better understand mechanisms that result in toxins -being present in harmful algal blooms. - - administrative provisions - - From within the amount appropriated for activities of the United -States Geological Survey such sums as are necessary shall be available -for contracting for the furnishing of topographic maps and for the -making of geophysical or other specialized surveys when it is -administratively determined that such procedures are in the public -interest; construction and maintenance of necessary buildings and -appurtenant facilities; acquisition of lands for gauging stations, -observation wells, and seismic equipment; expenses of the United States -National Committee for Geological Sciences; and payment of compensation -and expenses of persons employed by the Survey duly appointed to -represent the United States in the negotiation and administration of -interstate compacts: Provided, That activities funded by -appropriations herein made may be accomplished through the use of -contracts, grants, or cooperative agreements as defined in section 6302 -of title 31, United States Code: Provided further, That the United -States Geological Survey may enter into contracts or cooperative -agreements directly with individuals or indirectly with institutions or -nonprofit organizations, without regard to 41 U.S.C. 6101, for the -temporary or intermittent services of students or recent graduates, who -shall be considered employees for the purpose of chapters 57 and 81 of -title 5, United States Code, relating to compensation for travel and -work injuries, and chapter 171 of title 28, United States Code, -relating to tort claims, but shall not be considered to be Federal -employees for any other purposes. - - Bureau of Ocean Energy Management - - ocean energy management - - For expenses necessary for granting and administering leases, -easements, rights-of-way and agreements for use for oil and gas, other -minerals, energy, and marine-related purposes on the Outer Continental -Shelf and approving operations related thereto, as authorized by law; -for environmental studies, as authorized by law; for implementing other -laws and to the extent provided by Presidential or Secretarial -delegation; and for matching grants or cooperative agreements, -$179,266,000, of which $129,450,000 is to remain available until -September 30, 2020, and of which $49,816,000 is to remain available -until expended: Provided, That this total appropriation shall be -reduced by amounts collected by the Secretary and credited to this -appropriation from additions to receipts resulting from increases to -lease rental rates in effect on August 5, 1993, and from cost recovery -fees from activities conducted by the Bureau of Ocean Energy Management -pursuant to the Outer Continental Shelf Lands Act, including studies, -assessments, analysis, and miscellaneous administrative activities: -Provided further, That the sum herein appropriated shall be reduced as -such collections are received during the fiscal year, so as to result -in a final fiscal year 2019 appropriation estimated at not more than -$129,450,000: Provided further, That not to exceed $3,000 shall be -available for reasonable expenses related to promoting volunteer beach -and marine cleanup activities. - - Bureau of Safety and Environmental Enforcement - - offshore safety and environmental enforcement - - For expenses necessary for the regulation of operations related to -leases, easements, rights-of-way and agreements for use for oil and -gas, other minerals, energy, and marine-related purposes on the Outer -Continental Shelf, as authorized by law; for enforcing and implementing -laws and regulations as authorized by law and to the extent provided by -Presidential or Secretarial delegation; and for matching grants or -cooperative agreements, $145,475,000, of which $121,351,000 is to -remain available until September 30, 2020, and of which $24,124,000 is -to remain available until expended: Provided, That this total -appropriation shall be reduced by amounts collected by the Secretary -and credited to this appropriation from additions to receipts resulting -from increases to lease rental rates in effect on August 5, 1993, and -from cost recovery fees from activities conducted by the Bureau of -Safety and Environmental Enforcement pursuant to the Outer Continental -Shelf Lands Act, including studies, assessments, analysis, and -miscellaneous administrative activities: Provided further, That the -sum herein appropriated shall be reduced as such collections are -received during the fiscal year, so as to result in a final fiscal year -2019 appropriation estimated at not more than $121,351,000. - For an additional amount, $41,765,000, to remain available until -expended, to be reduced by amounts collected by the Secretary and -credited to this appropriation, which shall be derived from non- -refundable inspection fees collected in fiscal year 2019, as provided -in this Act: Provided, That to the extent that amounts realized from -such inspection fees exceed $41,765,000, the amounts realized in excess -of $41,765,000 shall be credited to this appropriation and remain -available until expended: Provided further, That for fiscal year 2019, -not less than 50 percent of the inspection fees expended by the Bureau -of Safety and Environmental Enforcement will be used to fund personnel -and mission-related costs to expand capacity and expedite the orderly -development, subject to environmental safeguards, of the Outer -Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 -U.S.C. 1331 et seq.), including the review of applications for permits -to drill. - - oil spill research - - For necessary expenses to carry out title I, section 1016, title -IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of -the Oil Pollution Act of 1990, $12,700,000, which shall be derived from -the Oil Spill Liability Trust Fund, to remain available until expended. - - Office of Surface Mining Reclamation and Enforcement - - regulation and technology - - For necessary expenses to carry out the provisions of the Surface -Mining Control and Reclamation Act of 1977, Public Law 95-87, -$114,900,000, to remain available until September 30, 2020: Provided, -That appropriations for the Office of Surface Mining Reclamation and -Enforcement may provide for the travel and per diem expenses of State -and tribal personnel attending Office of Surface Mining Reclamation and -Enforcement sponsored training. - In addition, for costs to review, administer, and enforce permits -issued by the Office pursuant to section 507 of Public Law 95-87 (30 -U.S.C. 1257), $40,000, to remain available until expended: Provided, -That fees assessed and collected by the Office pursuant to such section -507 shall be credited to this account as discretionary offsetting -collections, to remain available until expended: Provided further, -That the sum herein appropriated from the general fund shall be reduced -as collections are received during the fiscal year, so as to result in -a fiscal year 2019 appropriation estimated at not more than -$114,900,000. - - abandoned mine reclamation fund - - For necessary expenses to carry out title IV of the Surface Mining -Control and Reclamation Act of 1977, Public Law 95-87, $22,952,000, to -be derived from receipts of the Abandoned Mine Reclamation Fund and to -remain available until expended: Provided, That pursuant to Public Law -97-365, the Department of the Interior is authorized to use up to 20 -percent from the recovery of the delinquent debt owed to the United -States Government to pay for contracts to collect these debts: -Provided further, That funds made available under title IV of Public -Law 95-87 may be used for any required non-Federal share of the cost of -projects funded by the Federal Government for the purpose of -environmental restoration related to treatment or abatement of acid -mine drainage from abandoned mines: Provided further, That such -projects must be consistent with the purposes and priorities of the -Surface Mining Control and Reclamation Act: Provided further, That -amounts provided under this heading may be used for the travel and per -diem expenses of State and tribal personnel attending Office of Surface -Mining Reclamation and Enforcement sponsored training. - In addition, $115,000,000, to remain available until expended, for -grants to States and federally recognized Indian Tribes for reclamation -of abandoned mine lands and other related activities in accordance with -the terms and conditions in Senate report 115-276: Provided, That such -additional amount shall be used for economic and community development -in conjunction with the priorities in section 403(a) of the Surface -Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): -Provided further, That of such additional amount, $75,000,000 shall be -distributed in equal amounts to the 3 Appalachian States with the -greatest amount of unfunded needs to meet the priorities described in -paragraphs (1) and (2) of such section, $30,000,000 shall be -distributed in equal amounts to the 3 Appalachian States with the -subsequent greatest amount of unfunded needs to meet such priorities, -and $10,000,000 shall be for grants to federally recognized Indian -Tribes without regard to their status as certified or uncertified under -the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. -1233(a)), for reclamation of abandoned mine lands and other related -activities in accordance with the terms and conditions in Senate report -115-276 and shall be used for economic and community development in -conjunction with the priorities in section 403(a) of the Surface Mining -Control and Reclamation Act of 1977: Provided further, That such -additional amount shall be allocated to States and Indian Tribes within -60 days after the date of enactment of this Act. - - Bureau of Indian Affairs and Bureau of Indian Education - - operation of indian programs - - (including transfer of funds) - - For expenses necessary for the operation of Indian programs, as -authorized by law, including the Snyder Act of November 2, 1921 (25 -U.S.C. 13), the Indian Self-Determination and Education Assistance Act -of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25 -U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25 -U.S.C. 2501 et seq.), $2,403,890,000, to remain available until -September 30, 2020, except as otherwise provided herein; of which not -to exceed $8,500 may be for official reception and representation -expenses; of which not to exceed $76,000,000 shall be for welfare -assistance payments: Provided, That in cases of designated Federal -disasters, the Secretary may exceed such cap, from the amounts provided -herein, to provide for disaster relief to Indian communities affected -by the disaster: Provided further, That federally recognized Indian -tribes and tribal organizations of federally recognized Indian tribes -may use their tribal priority allocations for unmet welfare assistance -costs: Provided further, That not to exceed $680,673,000 for school -operations costs of Bureau-funded schools and other education programs -shall become available on July 1, 2019, and shall remain available -until September 30, 2020: Provided further, That not to exceed -$54,174,000 shall remain available until expended for housing -improvement, road maintenance, attorney fees, litigation support, land -records improvement, and the Navajo-Hopi Settlement Program: Provided -further, That notwithstanding any other provision of law, including but -not limited to the Indian Self-Determination Act of 1975 (25 U.S.C. -5301 et seq.) and section 1128 of the Education Amendments of 1978 (25 -U.S.C. 2008), not to exceed $81,036,000 within and only from such -amounts made available for school operations shall be available for -administrative cost grants associated with grants approved prior to -July 1, 2019: Provided further, That any forestry funds allocated to a -federally recognized tribe which remain unobligated as of September 30, -2020, may be transferred during fiscal year 2021 to an Indian forest -land assistance account established for the benefit of the holder of -the funds within the holder's trust fund account: Provided further, -That any such unobligated balances not so transferred shall expire on -September 30, 2021: Provided further, That in order to enhance the -safety of Bureau field employees, the Bureau may use funds to purchase -uniforms or other identifying articles of clothing for personnel. - - contract support costs - - For payments to tribes and tribal organizations for contract -support costs associated with Indian Self-Determination and Education -Assistance Act agreements with the Bureau of Indian Affairs for fiscal -year 2019, such sums as may be necessary, which shall be available for -obligation through September 30, 2020: Provided, That notwithstanding -any other provision of law, no amounts made available under this -heading shall be available for transfer to another budget account. - - construction - - (including transfer of funds) - - For construction, repair, improvement, and maintenance of -irrigation and power systems, buildings, utilities, and other -facilities, including architectural and engineering services by -contract; acquisition of lands, and interests in lands; and preparation -of lands for farming, and for construction of the Navajo Indian -Irrigation Project pursuant to Public Law 87-483; $359,419,000, to -remain available until expended: Provided, That such amounts as may be -available for the construction of the Navajo Indian Irrigation Project -may be transferred to the Bureau of Reclamation: Provided further, -That not to exceed 6 percent of contract authority available to the -Bureau of Indian Affairs from the Federal Highway Trust Fund may be -used to cover the road program management costs of the Bureau: -Provided further, That any funds provided for the Safety of Dams -program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall -be made available on a nonreimbursable basis: Provided further, That -for fiscal year 2019, in implementing new construction, replacement -facilities construction, or facilities improvement and repair project -grants in excess of $100,000 that are provided to grant schools under -Public Law 100-297, the Secretary of the Interior shall use the -Administrative and Audit Requirements and Cost Principles for -Assistance Programs contained in part 12 of title 43, Code of Federal -Regulations, as the regulatory requirements: Provided further, That -such grants shall not be subject to section 12.61 of title 43, Code of -Federal Regulations; the Secretary and the grantee shall negotiate and -determine a schedule of payments for the work to be performed: -Provided further, That in considering grant applications, the Secretary -shall consider whether such grantee would be deficient in assuring that -the construction projects conform to applicable building standards and -codes and Federal, tribal, or State health and safety standards as -required by section 1125(b) of title XI of Public Law 95-561 (25 U.S.C. -2005(b)), with respect to organizational and financial management -capabilities: Provided further, That if the Secretary declines a grant -application, the Secretary shall follow the requirements contained in -section 5206(f) of Public Law 100-297 (25 U.S.C. 2504(f)): Provided -further, That any disputes between the Secretary and any grantee -concerning a grant shall be subject to the disputes provision in -section 5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)): Provided -further, That in order to ensure timely completion of construction -projects, the Secretary may assume control of a project and all funds -related to the project, if, within 18 months of the date of enactment -of this Act, any grantee receiving funds appropriated in this Act or in -any prior Act, has not completed the planning and design phase of the -project and commenced construction: Provided further, That this -appropriation may be reimbursed from the Office of the Special Trustee -for American Indians appropriation for the appropriate share of -construction costs for space expansion needed in agency offices to meet -trust reform implementation: Provided further, That of the funds made -available under this heading, $10,000,000 shall be derived from the -Indian Irrigation Fund established by section 3211 of the WIIN Act -(Public Law 114-322; 130 Stat. 1749). - - indian land and water claim settlements and miscellaneous payments to - indians - - For payments and necessary administrative expenses for -implementation of Indian land and water claim settlements pursuant to -Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and -for implementation of other land and water rights settlements, -$55,457,000, to remain available until expended: Provided, That the -Secretary shall make payments in such amounts as necessary to satisfy -the total authorized amount for the Navajo Nation Water Rights Trust -Fund. - - indian guaranteed loan program account - - For the cost of guaranteed loans and insured loans, $9,279,000, of -which $1,252,000 is for administrative expenses, as authorized by the -Indian Financing Act of 1974: Provided, That such costs, including the -cost of modifying such loans, shall be as defined in section 502 of the -Congressional Budget Act of 1974: Provided further, That these funds -are available to subsidize total loan principal, any part of which is -to be guaranteed or insured, not to exceed $123,565,389. + + Making appropriations for the Department of the Interior, environment, +and related agencies for the fiscal year ending September 30, 2019, and + for other purposes. - administrative provisions + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, +SECTION 1. SHORT TITLE. + This Act may be cited as the ``Paycheck Protection Program and +Health Care Enhancement Act''. +SEC. 2. TABLE OF CONTENTS. + The table of contents for this Act is as follows: + +Sec. 1. Short title. +Sec. 2. Table of contents. +Sec. 3. References. + + DIVISION A--SMALL BUSINESS PROGRAMS + +Sec. 101. Amendments to the Paycheck Protection Program, economic injury + disaster loans, and emergency grants. +Sec. 102. Emergency designation. + +DIVISION B--ADDITIONAL EMERGENCY APPROPRIATIONS FOR CORONAVIRUS RESPONSE + +SEC. 3. REFERENCES. + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. + + DIVISION A--SMALL BUSINESS PROGRAMS + + SEC. 101. AMENDMENTS TO THE PAYCHECK PROTECTION PROGRAM, ECONOMIC + INJURY DISASTER LOANS, AND EMERGENCY GRANTS. + (a) Increased Authority for Commitments and Appropriations for +Paycheck Protection Program.--Title I of division A of the Coronavirus +Aid, Relief, and Economic Security Act (Public Law 116-136) is +amended-- + (1) in section 1102(b)(1), by striking ``$349,000,000,000'' and + inserting ``$659,000,000,000''; and + (2) in section 1107(a)(1), by striking ``$349,000,000,000'' and + inserting ``$670,335,000,000''. + (b) Increased Authorization for Emergency EIDL Grants.--Section +1110(e)(7) of division A of the Coronavirus Aid, Relief, and Economic +Security Act (Public Law 116-136) is amended by striking +``$10,000,000,000'' and inserting ``$20,000,000,000''. + (c) Eligibility of Agricultural Enterprises for Economic Injury +Disaster Loans and Emergency Grants.--Section 1110(a)(2) of division A +of the Coronavirus Aid, Relief, and Economic Security Act (Public Law +116-136) is amended-- + (1) in subparagraph (D), by striking ``or'' at the end; + (2) in subparagraph (E), by striking the period at the end and + inserting ``; or''; and + (3) by adding at the end the following: + ``(F) an agricultural enterprise (as defined in section + 18(b) of the Small Business Act (15 U.S.C. 647(b)) with not + more than 500 employees.''. + (d) Set Aside for Insured Depository Institutions, Credit Unions, +and Community Financial Institutions.--Section 7(a)(36) of the Small +Business Act (15 U.S.C. 636(a)(36)) is amended-- + (1) in subparagraph (A)-- + (A) in clause (viii), by striking ``and'' at the end; + (B) in clause (ix), by striking the period at the end and + inserting a semicolon; and + (C) by adding at the end the following: + ``(x) the term `community development financial + institution' has the meaning given the term in section 103 + of the Riegle Community Development and Regulatory + Improvement Act of 1994 (12 U.S.C. 4702)); + ``(xi) the term `community financial institutions' + means-- + + ``(I) a community development financial + institution; + ``(II) a minority depository institution, as + defined in section 308 of the Financial Institutions + Reform, Recovery, and Enforcement Act of 1989 (12 + U.S.C. 1463 note); + ``(III) a development company that is certified + under title V of the Small Business Investment Act of + 1958 (15 U.S.C. 695 et seq.); and + ``(IV) an intermediary, as defined in section + 7(m)(11); and + + ``(xii) the term `credit union' means a State credit + union or a Federal credit union, as those terms are + defined, respectively, in section 101 of the Federal Credit + Union Act (12 U.S.C. 1752).''; and + (2) by adding at the end the following: + ``(S) Set-aside for insured depository institutions, credit + unions, and community financial institutions.-- + ``(i) Insured depository institutions and credit + unions.--In making loan guarantees under this paragraph + after the date of enactment of this clause, the + Administrator shall guarantee not less than $30,000,000,000 + in loans made by-- + + ``(I) insured depository institutions with + consolidated assets of not less than $10,000,000,000 + and less than $50,000,000,000; and + ``(II) credit unions with consolidated assets of + not less than $10,000,000,000 and less than + $50,000,000,000. + + ``(ii) Community financial institutions, small insured + depository institutions, and credit unions.--In making loan + guarantees under this paragraph after the date of enactment + of this clause, the Administrator shall guarantee not less + than $30,000,000,000 in loans made by-- + + ``(I) community financial institutions; + ``(II) insured depository institutions with + consolidated assets of less than $10,000,000,000; and + ``(III) credit unions with consolidated assets of + less than $10,000,000,000.''. + + SEC. 102. EMERGENCY DESIGNATION. + (a) In General.--The amounts provided under this division are +designated as an emergency requirement pursuant to section 4(g) of the +Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). + (b) Designation in Senate.--In the Senate, this division is +designated as an emergency requirement pursuant to section 4112(a) of +H. Con. Res. 71 (115th Congress), the concurrent resolution on the +budget for fiscal year 2018. + + DIVISION B--ADDITIONAL EMERGENCY APPROPRIATIONS FOR CORONAVIRUS + RESPONSE + + The following sums are hereby appropriated, out of any money in +the Treasury not otherwise appropriated, for the fiscal year ending +September 30, 2020, and for other purposes, namely: - The Bureau of Indian Affairs may carry out the operation of Indian -programs by direct expenditure, contracts, cooperative agreements, -compacts, and grants, either directly or in cooperation with States and -other organizations. - Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of -Indian Affairs may contract for services in support of the management, -operation, and maintenance of the Power Division of the San Carlos -Irrigation Project. - Notwithstanding any other provision of law, no funds available to -the Bureau of Indian Affairs for central office oversight and Executive -Direction and Administrative Services (except executive direction and -administrative services funding for Tribal Priority Allocations, -regional offices, and facilities operations and maintenance) shall be -available for contracts, grants, compacts, or cooperative agreements -with the Bureau of Indian Affairs under the provisions of the Indian -Self-Determination Act or the Tribal Self-Governance Act of 1994 -(Public Law 103-413). - In the event any tribe returns appropriations made available by -this Act to the Bureau of Indian Affairs, this action shall not -diminish the Federal Government's trust responsibility to that tribe, -or the government-to-government relationship between the United States -and that tribe, or that tribe's ability to access future -appropriations. - Notwithstanding any other provision of law, no funds available to -the Bureau of Indian Education, other than the amounts provided herein -for assistance to public schools under 25 U.S.C. 452 et seq., shall be -available to support the operation of any elementary or secondary -school in the State of Alaska. - No funds available to the Bureau of Indian Education shall be used -to support expanded grades for any school or dormitory beyond the grade -structure in place or approved by the Secretary of the Interior at each -school in the Bureau of Indian Education school system as of October 1, -1995, except that the Secretary of the Interior may waive this -prohibition to support expansion of up to one additional grade when the -Secretary determines such waiver is needed to support accomplishment of -the mission of the Bureau of Indian Education, or more than one grade -to expand the elementary grade structure for Bureau-funded schools with -a K-2 grade structure on October 1, 1996. Appropriations made available -in this or any prior Act for schools funded by the Bureau shall be -available, in accordance with the Bureau's funding formula, only to the -schools in the Bureau school system as of September 1, 1996, and to any -school or school program that was reinstated in fiscal year 2012. Funds -made available under this Act may not be used to establish a charter -school at a Bureau-funded school (as that term is defined in section -1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that -a charter school that is in existence on the date of the enactment of -this Act and that has operated at a Bureau-funded school before -September 1, 1999, may continue to operate during that period, but only -if the charter school pays to the Bureau a pro rata share of funds to -reimburse the Bureau for the use of the real and personal property -(including buses and vans), the funds of the charter school are kept -separate and apart from Bureau funds, and the Bureau does not assume -any obligation for charter school programs of the State in which the -school is located if the charter school loses such funding. Employees -of Bureau-funded schools sharing a campus with a charter school and -performing functions related to the charter school's operation and -employees of a charter school shall not be treated as Federal employees -for purposes of chapter 171 of title 28, United States Code. - Notwithstanding any other provision of law, including section 113 -of title I of appendix C of Public Law 106-113, if in fiscal year 2003 -or 2004 a grantee received indirect and administrative costs pursuant -to a distribution formula based on section 5(f) of Public Law 101-301, -the Secretary shall continue to distribute indirect and administrative -cost funds to such grantee using the section 5(f) distribution formula. - Funds available under this Act may not be used to establish -satellite locations of schools in the Bureau school system as of -September 1, 1996, except that the Secretary may waive this prohibition -in order for an Indian tribe to provide language and cultural immersion -educational programs for non-public schools located within the -jurisdictional area of the tribal government which exclusively serve -tribal members, do not include grades beyond those currently served at -the existing Bureau-funded school, provide an educational environment -with educator presence and academic facilities comparable to the -Bureau-funded school, comply with all applicable Tribal, Federal, or -State health and safety standards, and the Americans with Disabilities -Act, and demonstrate the benefits of establishing operations at a -satellite location in lieu of incurring extraordinary costs, such as -for transportation or other impacts to students such as those caused by -busing students extended distances: Provided, That no funds available -under this Act may be used to fund operations, maintenance, -rehabilitation, construction or other facilities-related costs for such -assets that are not owned by the Bureau: Provided further, That the -term ``satellite school'' means a school location physically separated -from the existing Bureau school by more than 50 miles but that forms -part of the existing school in all other respects. + TITLE I - Departmental Offices + DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary - departmental operations + public health and social services emergency fund (including transfer of funds) - For necessary expenses for management of the Department of the -Interior and for grants and cooperative agreements, as authorized by -law, $131,673,000, to remain available until September 30, 2020; of -which not to exceed $15,000 may be for official reception and -representation expenses; and of which up to $1,000,000 shall be -available for workers compensation payments and unemployment -compensation payments associated with the orderly closure of the United -States Bureau of Mines; and of which $9,000,000 for the Office of -Valuation Services is to be derived from the Land and Water -Conservation Fund and shall remain available until expended; and of -which $9,704,000 for Indian land, mineral, and resource valuation -activities shall remain available until expended: Provided, That funds -for Indian land, mineral, and resource valuation activities may, as -needed, be transferred to and merged with the Bureau of Indian Affairs -and Bureau of Indian Education ``Operation of Indian Programs'' account -and the Office of the Special Trustee for American Indians ``Federal -Trust Programs'' account: Provided further, That funds made available -through contracts or grants obligated during fiscal year 2019, as -authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 -et seq.), shall remain available until expended by the contractor or -grantee: Provided further, That within available amounts provided under -this heading, the Secretary of the Interior shall designate the rest -area bound by Alexandria Avenue, West Boulevard Drive, and the George -Washington Memorial Parkway on the Mount Vernon Trail within the George -Washington Memorial Parkway as the ``Peter B. Webster III Memorial -Area'' and any reference in a law, map regulation, document, paper, or -other record of the United States to the rest area shall be deemed to -be a reference to the ``Peter B. Webster III Memorial Area''; Provided -further, That the Secretary of the Interior shall accept and expend -private contributions for the design, procurement, preparation, and -installation of a plaque honoring Peter B. Webster III on the condition -that the Director of the National Park Service shall approve the design -and placement of the plaque: Provided further, That of the amounts made -available under this heading, $400,000 shall be made available to the -commission established by section 3(a) of the Alyce Spotted Bear and -Walter Soboleff Commission on Native Children Act (Public Law 114-244; -130 Stat. 981). - - administrative provisions - - For fiscal year 2019, up to $400,000 of the payments authorized by -chapter 69 of title 31, United States Code, may be retained for -administrative expenses of the Payments in Lieu of Taxes Program: -Provided, That the amounts provided under this Act specifically for the -Payments in Lieu of Taxes program are the only amounts available for -payments authorized under chapter 69 of title 31, United States Code: -Provided further, That in the event the sums appropriated for any -fiscal year for payments pursuant to this chapter are insufficient to -make the full payments authorized by that chapter to all units of local -government, then the payment to each local government shall be made -proportionally: Provided further, That the Secretary may make -adjustments to payment to individual units of local government to -correct for prior overpayments or underpayments: Provided further, -That no payment shall be made pursuant to that chapter to otherwise -eligible units of local government if the computed amount of the -payment is less than $100. - - Insular Affairs - - assistance to territories - - For expenses necessary for assistance to territories under the -jurisdiction of the Department of the Interior and other jurisdictions -identified in section 104(e) of Public Law 108-188, $100,688,000, of -which: (1) $91,240,000 shall remain available until expended for -territorial assistance, including general technical assistance, -maintenance assistance, disaster assistance, coral reef initiative -activities, and brown tree snake control and research; grants to the -judiciary in American Samoa for compensation and expenses, as -authorized by law (48 U.S.C. 1661(c)); grants to the Government of -American Samoa, in addition to current local revenues, for construction -and support of governmental functions; grants to the Government of the -Virgin Islands, as authorized by law; grants to the Government of Guam, -as authorized by law; and grants to the Government of the Northern -Mariana Islands , as authorized by law (Public Law 94-241; 90 Stat. -272); and (2) $9,448,000 shall be available until September 30, 2020, -for salaries and expenses of the Office of Insular Affairs: Provided, -That all financial transactions of the territorial and local -governments herein provided for, including such transactions of all -agencies or instrumentalities established or used by such governments, -may be audited by the Government Accountability Office, at its -discretion, in accordance with chapter 35 of title 31, United States -Code: Provided further, That Northern Mariana Islands Covenant grant -funding shall be provided according to those terms of the Agreement of -the Special Representatives on Future United States Financial -Assistance for the Northern Mariana Islands approved by Public Law 104- -134: Provided further, That the funds for the program of operations -and maintenance improvement are appropriated to institutionalize -routine operations and maintenance improvement of capital -infrastructure with territorial participation and cost sharing to be -determined by the Secretary based on the grantee's commitment to timely -maintenance of its capital assets: Provided further, That any -appropriation for disaster assistance under this heading in this Act or -previous appropriations Acts may be used as non-Federal matching funds -for the purpose of hazard mitigation grants provided pursuant to -section 404 of the Robert T. Stafford Disaster Relief and Emergency -Assistance Act (42 U.S.C. 5170c). - - compact of free association - - For grants and necessary expenses, $3,563,000, to remain available -until expended, as provided for in sections 221(a)(2) and 233 of the -Compact of Free Association for the Republic of Palau; and section -221(a)(2) of the Compacts of Free Association for the Government of the -Republic of the Marshall Islands and the Federated States of -Micronesia, as authorized by Public Law 99-658 and Public Law 108-188. - - Administrative Provisions + For an additional amount for ``Public Health and Social Services +Emergency Fund'', $75,000,000,000, to remain available until expended, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally, for necessary expenses to reimburse, through grants or +other mechanisms, eligible health care providers for health care +related expenses or lost revenues that are attributable to coronavirus: + Provided, That these funds may not be used to reimburse expenses or +losses that have been reimbursed from other sources or that other +sources are obligated to reimburse: Provided further, That recipients +of payments under this paragraph in this Act shall submit reports and +maintain documentation as the Secretary of Health and Human Services +(referred to in this paragraph as the ``Secretary'') determines are +needed to ensure compliance with conditions that are imposed by this +paragraph in this Act for such payments, and such reports and +documentation shall be in such form, with such content, and in such +time as the Secretary may prescribe for such purpose: Provided +further, That ``eligible health care providers'' means public entities, +Medicare or Medicaid enrolled suppliers and providers, and such for- +profit entities and not-for-profit entities not otherwise described in +this proviso as the Secretary may specify, within the United States +(including territories), that provide diagnoses, testing, or care for +individuals with possible or actual cases of COVID-19: Provided +further, That the Secretary shall, on a rolling basis, review +applications and make payments under this paragraph in this Act: +Provided further, That funds appropriated under this paragraph in this +Act shall be available for building or construction of temporary +structures, leasing of properties, medical supplies and equipment +including personal protective equipment and testing supplies, increased +workforce and trainings, emergency operation centers, retrofitting +facilities, and surge capacity: Provided further, That, in this +paragraph, the term ``payment'' means a pre-payment, prospective +payment, or retrospective payment, as determined appropriate by the +Secretary: Provided further, That payments under this paragraph in +this Act shall be made in consideration of the most efficient payment +systems practicable to provide emergency payment: Provided further, +That to be eligible for a payment under this paragraph in this Act, an +eligible health care provider shall submit to the Secretary an +application that includes a statement justifying the need of the +provider for the payment and the eligible health care provider shall +have a valid tax identification number: Provided further, That, not +later than 3 years after final payments are made under this paragraph +in this Act, the Office of Inspector General of the Department of +Health and Human Services shall transmit a final report on audit +findings with respect to this program to the Committees on +Appropriations of the House of Representatives and the Senate: +Provided further, That nothing in this paragraph limits the authority +of the Inspector General or the Comptroller General to conduct audits +of interim payments at an earlier date: Provided further, That not +later than 60 days after the date of enactment of this Act, the +Secretary shall provide a report to the Committees on Appropriations of +the House of Representatives and the Senate on obligation of funds, +including obligations to such eligible health care providers summarized +by State of the payment receipt: Provided further, That such reports +shall be updated and submitted to such Committees every 60 days until +funds are expended: Provided further, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + For an additional amount for ``Public Health and Social Services +Emergency Fund'', $25,000,000,000, to remain available until expended, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally, for necessary expenses to research, develop, validate, +manufacture, purchase, administer, and expand capacity for COVID-19 +tests to effectively monitor and suppress COVID-19, including tests for +both active infection and prior exposure, including molecular, antigen, +and serological tests, the manufacturing, procurement and distribution +of tests, testing equipment and testing supplies, including personal +protective equipment needed for administering tests, the development +and validation of rapid, molecular point-of-care tests, and other +tests, support for workforce, epidemiology, to scale up academic, +commercial, public health, and hospital laboratories, to conduct +surveillance and contact tracing, support development of COVID-19 +testing plans, and other related activities related to COVID-19 +testing: Provided, That of the amount appropriated under this +paragraph in this Act, not less than $11,000,000,000 shall be for +States, localities, territories, tribes, tribal organizations, urban +Indian health organizations, or health service providers to tribes for +necessary expenses to develop, purchase, administer, process, and +analyze COVID-19 tests, including support for workforce, epidemiology, +use by employers or in other settings, scale up of testing by public +health, academic, commercial, and hospital laboratories, and community- +based testing sites, health care facilities, and other entities engaged +in COVID-19 testing, conduct surveillance, trace contacts, and other +related activities related to COVID-19 testing: Provided further, That +of the amount identified in the preceding proviso, not less than +$2,000,000,000 shall be allocated to States, localities, and +territories according to the formula that applied to the Public Health +Emergency Preparedness cooperative agreement in fiscal year 2019, not +less than $4,250,000,000 shall be allocated to States, localities, and +territories according to a formula methodology that is based on +relative number of cases of COVID-19, and not less than $750,000,000 +shall be allocated in coordination with the Director of the Indian +Health Service, to tribes, tribal organizations, urban Indian health +organizations, or health service providers to tribes: Provided +further, That the Secretary of Health and Human Services (referred to +in this paragraph as the ``Secretary'') may satisfy the funding +thresholds outlined in the first and second provisos under this +paragraph in this Act by making awards through other grant or +cooperative agreement mechanisms: Provided further, That not later +than 30 days after the date of enactment of this Act, the Governor or +designee of each State, locality, territory, tribe, or tribal +organization receiving funds pursuant to this Act shall submit to the +Secretary its plan for COVID-19 testing, including goals for the +remainder of calendar year 2020, to include: (1) the number of tests +needed, month-by-month, to include diagnostic, serological, and other +tests, as appropriate; (2) month-by-month estimates of laboratory and +testing capacity, including related to workforce, equipment and +supplies, and available tests; and (3) a description of how the State, +locality, territory, tribe, or tribal organization will use its +resources for testing, including as it relates to easing any COVID-19 +community mitigation policies: Provided further, That the Secretary +shall submit such formula methodology identified in the first proviso +under this paragraph in this Act to the Committees on Appropriations of +the House of Representatives and the Senate one day prior to awarding +such funds: Provided further, That such funds identified in the first +and second provisos under this paragraph in this Act shall be allocated +within 30 days of the date of enactment of this Act: Provided further, +That of the amount appropriated under this paragraph in this Act, not +less than $1,000,000,000 shall be transferred to the ``Centers for +Disease Control and Prevention--CDC-Wide Activities and Program +Support'' for surveillance, epidemiology, laboratory capacity +expansion, contact tracing, public health data surveillance and +analytics infrastructure modernization, disseminating information about +testing, and workforce support necessary to expand and improve COVID-19 +testing: Provided further, That of the amount appropriated under this +paragraph in this Act, not less than $306,000,000 shall be transferred +to the ``National Institutes of Health--National Cancer Institute'' to +develop, validate, improve, and implement serological testing and +associated technologies for the purposes specified under this paragraph +in this Act: Provided further, That of the amount appropriated under +this paragraph in this Act, not less than $500,000,000 shall be +transferred to the ``National Institutes of Health--National Institute +of Biomedical Imaging and Bioengineering'' to accelerate research, +development, and implementation of point of care and other rapid +testing related to coronavirus: Provided further, That of the amount +appropriated under this paragraph in this Act, not less than +$1,000,000,000 shall be transferred to the ``National Institutes of +Health--Office of the Director'' to develop, validate, improve, and +implement testing and associated technologies; to accelerate research, +development, and implementation of point of care and other rapid +testing; and for partnerships with governmental and non-governmental +entities to research, develop, and implement the activities outlined in +this proviso: Provided further, That funds in the preceding proviso +may be transferred to the accounts of the Institutes and Centers of the +National Institutes of Health (referred to in this paragraph as the +``NIH'') for the purposes specified in the preceding proviso: Provided +further, That the transfer authority provided in the preceding proviso +is in addition to all other transfer authority available to the NIH: +Provided further, That of the amount appropriated under this paragraph +in this Act, not less than $1,000,000,000 shall be available to the +Biomedical Advanced Research and Development Authority for necessary +expenses of advanced research, development, manufacturing, production, +and purchase of diagnostic, serologic, or other COVID-19 tests or +related supplies, and other activities related to COVID-19 testing at +the discretion of the Secretary: Provided further, That of the amount +appropriated under this paragraph in this Act, $22,000,000, shall be +transferred to the ``Department of Health and Human Services--Food and +Drug Administration--Salaries and Expenses'' to support activities +associated with diagnostic, serological, antigen, and other tests, and +related administrative activities: Provided further, That the amount +appropriated under this paragraph in this Act may be used for grants +for the rent, lease, purchase, acquisition, construction, alteration, +renovation, or equipping of non-federally owned facilities to improve +preparedness and response capability at the State and local level for +diagnostic, serologic, or other COVID-19 tests, or related supplies: +Provided further, That the amount appropriated under this paragraph in +this Act may be used for construction, alteration, renovation, or +equipping of non-federally owned facilities for the production of +diagnostic, serologic, or other COVID-19 tests, or related supplies, +where the Secretary determines that such a contract is necessary to +secure, or for the production of, sufficient amounts of such tests or +related supplies: Provided further, That funds appropriated under this +paragraph in this Act may be used for purchase of medical supplies and +equipment, including personal protective equipment and testing supplies +to be used for administering tests, increased workforce and trainings, +emergency operation centers, and surge capacity for diagnostic, +serologic, or other COVID-19 tests, or related supplies: Provided +further, That products purchased with funds appropriated under this +paragraph in this Act may, at the discretion of the Secretary, be +deposited in the Strategic National Stockpile under section 319F-2 of +the Public Health Service Act: Provided further, That of the amount +appropriated under this paragraph in this Act, $600,000,000 shall be +transferred to ``Health Resources and Services Administration--Primary +Health Care'' for grants under the Health Centers program, as defined +by section 330 of the Public Health Service Act, and for grants to +federally qualified health centers, as defined in section +1861(aa)(4)(B) of the Social Security Act: Provided further, That +sections 330(e)(6)(A)(iii), 330(e)(6)(B)(iii), and 330(r)(2)(B) of the +Public Health Service Act shall not apply to funds provided under the +previous proviso: Provided further, That of the amount appropriated +under this paragraph in this Act, $225,000,000 shall be used to provide +additional funding for COVID-19 testing and related expenses, through +grants or other mechanisms, to rural health clinics as defined in +section 1861(aa)(2) of the Social Security Act, with such funds also +available to such entities for building or construction of temporary +structures, leasing of properties, and retrofitting facilities as +necessary to support COVID-19 testing: Provided further, That such +funds shall be distributed using the procedures developed for the +Provider Relief Fund authorized under the third paragraph under this +heading in division B of the Coronavirus Aid, Relief, and Economic +Security Act (Public Law 116-136); may be distributed using contracts +or agreements established for such program; and shall be subject to the +process requirements applicable to such program: Provided further, +That the Secretary may specify a minimum amount for each eligible +entity accepting assistance under the two previous provisos: Provided +further, That up to $1,000,000,000 of funds provided under this +paragraph in this Act may be used to cover the cost of testing for the +uninsured, using the definitions applicable to funds provided under +this heading in Public Law 116-127: Provided further, That not later +than 21 days after the date of enactment of this Act, the Secretary, in +coordination with other appropriate departments and agencies, shall +issue a report on COVID-19 testing: Provided further, That such report +shall include data on demographic characteristics, including, in a de- +identified and disaggregated manner, race, ethnicity, age, sex, +geographic region and other relevant factors of individuals tested for +or diagnosed with COVID-19, to the extent such information is +available: Provided further, That such report shall include +information on the number and rates of cases, hospitalizations, and +deaths as a result of COVID-19: Provided further, That such report +shall be submitted to the Committees on Appropriations of the House and +Senate, and the Committee on Energy and Commerce of the House of +Representatives and the Committee on Health, Education, Labor, and +Pensions of the Senate, and updated and resubmitted to such Committees, +as necessary, every 30 days until the end of the COVID-19 public health +emergency first declared by the Secretary on January 31, 2020: +Provided further, That not later than 180 days after the date of +enactment of this Act, the Secretary shall issue a report on the number +of positive diagnoses, hospitalizations, and deaths as a result of +COVID-19, disaggregated nationally by race, ethnicity, age, sex, +geographic region, and other relevant factors: Provided further, That +such report shall include epidemiological analysis of such data: +Provided further, That not later than 30 days after the date of the +enactment of this Act, the Secretary, in coordination with other +departments and agencies, as appropriate, shall report to the +Committees on Appropriations of the House and Senate, the Committee on +Energy and Commerce of the House of Representatives, and the Committee +on Health, Education, Labor, and Pensions of the Senate on a COVID-19 +strategic testing plan: Provided further, That such plan shall assist +States, localities, territories, tribes, tribal organizations, and +urban Indian health organizations, in understanding COVID-19 testing +for both active infection and prior exposure, including hospital-based +testing, high-complexity laboratory testing, point-of-care testing, +mobile-testing units, testing for employers and other settings, and +other tests as necessary: Provided further, That such plan shall +include estimates of testing production that account for new and +emerging technologies, as well as guidelines for testing: Provided +further, That such plan shall address how the Secretary will increase +domestic testing capacity, including testing supplies; and address +disparities in all communities: Provided further, That such plan shall +outline Federal resources that are available to support the testing +plans of each State, locality, territory, tribe, tribal organization, +and urban Indian health organization: Provided further, That such plan +shall be updated every 90 days until funds are expended: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE (including transfer of funds) - At the request of the Governor of Guam, the Secretary may transfer -discretionary funds or mandatory funds provided under section 104(e) of -Public Law 108-188 and Public Law 104-134, that are allocated for Guam, -to the Secretary of Agriculture for the subsidy cost of direct or -guaranteed loans, plus not to exceed three percent of the amount of the -subsidy transferred for the cost of loan administration, for the -purposes authorized by the Rural Electrification Act of 1936 and -section 306(a)(1) of the Consolidated Farm and Rural Development Act -for construction and repair projects in Guam, and such funds shall -remain available until expended: Provided, That such costs, including -the cost of modifying such loans, shall be as defined in section 502 of -the Congressional Budget Act of 1974: Provided further, That such -loans or loan guarantees may be made without regard to the population -of the area, credit elsewhere requirements, and restrictions on the -types of eligible entities under the Rural Electrification Act of 1936 -and section 306(a)(1) of the Consolidated Farm and Rural Development -Act: Provided further, That any funds transferred to the Secretary of -Agriculture shall be in addition to funds otherwise made available to -make or guarantee loans under such authorities. - - Office of the Solicitor - - salaries and expenses - - For necessary expenses of the Office of the Solicitor, $65,674,000. - - Office of Inspector General - - salaries and expenses - - For necessary expenses of the Office of Inspector General, -$52,486,000. - - Office of the Special Trustee for American Indians - - federal trust programs - - (including transfer of funds) - - For the operation of trust programs for Indians by direct -expenditure, contracts, cooperative agreements, compacts, and grants, -$112,380,000, to remain available until expended, of which not to -exceed $19,016,000 from this or any other Act, may be available for -historical accounting: Provided, That funds for trust management -improvements and litigation support may, as needed, be transferred to -or merged with the Bureau of Indian Affairs and Bureau of Indian -Education, ``Operation of Indian Programs'' account; the Office of the -Solicitor, ``Salaries and Expenses'' account; and the Office of the -Secretary, ``Departmental Operations'' account: Provided further, That -funds made available through contracts or grants obligated during -fiscal year 2019, as authorized by the Indian Self-Determination Act of -1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by -the contractor or grantee: Provided further, That notwithstanding any -other provision of law, the Secretary shall not be required to provide -a quarterly statement of performance for any Indian trust account that -has not had activity for at least 15 months and has a balance of $15 or -less: Provided further, That the Secretary shall issue an annual -account statement and maintain a record of any such accounts and shall -permit the balance in each such account to be withdrawn upon the -express written request of the account holder: Provided further, That -not to exceed $50,000 is available for the Secretary to make payments -to correct administrative errors of either disbursements from or -deposits to Individual Indian Money or Tribal accounts after September -30, 2002: Provided further, That erroneous payments that are recovered -shall be credited to and remain available in this account for this -purpose: Provided further, That the Secretary shall not be required to -reconcile Special Deposit Accounts with a balance of less than $500 -unless the Office of the Special Trustee receives proof of ownership -from a Special Deposit Accounts claimant: Provided further, That -notwithstanding section 102 of the American Indian Trust Fund -Management Reform Act of 1994 (Public Law 103-412) or any other -provision of law, the Secretary may aggregate the trust accounts of -individuals whose whereabouts are unknown for a continuous period of at -least five years and shall not be required to generate periodic -statements of performance for the individual accounts: Provided -further, That with respect to the eighth proviso, the Secretary shall -continue to maintain sufficient records to determine the balance of the -individual accounts, including any accrued interest and income, and -such funds shall remain available to the individual account holders. - - Department-wide Programs - - wildland fire management - - (including transfers of funds) - - For necessary expenses for fire preparedness, fire suppression -operations, fire science and research, emergency rehabilitation, fuels -management activities, and rural fire assistance by the Department of -the Interior, $1,116,076,000, to remain available until expended, of -which not to exceed $18,427,000 shall be for the renovation or -construction of fire facilities: Provided, That such funds are also -available for repayment of advances to other appropriation accounts -from which funds were previously transferred for such purposes: -Provided further, That of the funds provided $188,000,000 is for fuels -management activities: Provided further, That of the funds provided -$20,470,000 is for burned area rehabilitation: Provided further, That -persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence -and lodging without cost from funds available from this appropriation: -Provided further, That notwithstanding 42 U.S.C. 1856d, sums received -by a bureau or office of the Department of the Interior for fire -protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of -United States property, may be credited to the appropriation from which -funds were expended to provide that protection, and are available -without fiscal year limitation: Provided further, That using the -amounts designated under this title of this Act, the Secretary of the -Interior may enter into procurement contracts, grants, or cooperative -agreements, for fuels management activities, and for training and -monitoring associated with such fuels management activities on Federal -land, or on adjacent non-Federal land for activities that benefit -resources on Federal land: Provided further, That the costs of -implementing any cooperative agreement between the Federal Government -and any non-Federal entity may be shared, as mutually agreed on by the -affected parties: Provided further, That notwithstanding requirements -of the Competition in Contracting Act, the Secretary, for purposes of -fuels management activities, may obtain maximum practicable competition -among: (1) local private, nonprofit, or cooperative entities; (2) Youth -Conservation Corps crews, Public Lands Corps (Public Law 109-154), or -related partnerships with State, local, or nonprofit youth groups; (3) -small or micro-businesses; or (4) other entities that will hire or -train locally a significant percentage, defined as 50 percent or more, -of the project workforce to complete such contracts: Provided further, -That in implementing this section, the Secretary shall develop written -guidance to field units to ensure accountability and consistent -application of the authorities provided herein: Provided further, That -funds appropriated under this heading may be used to reimburse the -United States Fish and Wildlife Service and the National Marine -Fisheries Service for the costs of carrying out their responsibilities -under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to -consult and conference, as required by section 7 of such Act, in -connection with wildland fire management activities: Provided further, -That the Secretary of the Interior may use wildland fire appropriations -to enter into leases of real property with local governments, at or -below fair market value, to construct capitalized improvements for fire -facilities on such leased properties, including but not limited to fire -guard stations, retardant stations, and other initial attack and fire -support facilities, and to make advance payments for any such lease or -for construction activity associated with the lease: Provided further, -That the Secretary of the Interior and the Secretary of Agriculture may -authorize the transfer of funds appropriated for wildland fire -management, in an aggregate amount not to exceed $50,000,000, between -the Departments when such transfers would facilitate and expedite -wildland fire management programs and projects: Provided further, That -funds provided for wildfire suppression shall be available for support -of Federal emergency response actions: Provided further, That funds -appropriated under this heading shall be available for assistance to or -through the Department of State in connection with forest and rangeland -research, technical information, and assistance in foreign countries, -and, with the concurrence of the Secretary of State, shall be available -to support forestry, wildland fire management, and related natural -resource activities outside the United States and its territories and -possessions, including technical assistance, education and training, -and cooperation with United States and international organizations. - - central hazardous materials fund - - For necessary expenses of the Department of the Interior and any of -its component offices and bureaus for the response action, including -associated activities, performed pursuant to the Comprehensive -Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 -et seq.), $10,010,000, to remain available until expended. - - Natural Resource Damage Assessment and Restoration - - natural resource damage assessment fund - - To conduct natural resource damage assessment, restoration -activities, and onshore oil spill preparedness by the Department of the -Interior necessary to carry out the provisions of the Comprehensive -Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 -et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et -seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 -U.S.C. 100721 et seq., $7,767,000, to remain available until expended. - - working capital fund - - For the operation and maintenance of a departmental financial and -business management system, information technology improvements of -general benefit to the Department, cybersecurity, and the consolidation -of facilities and operations throughout the Department, $56,735,000, to -remain available until expended: Provided, That none of the funds -appropriated in this Act or any other Act may be used to establish -reserves in the Working Capital Fund account other than for accrued -annual leave and depreciation of equipment without prior approval of + Sec. 101. The requirements, authorities, and conditions described +in sections 18108, 18109, and 18112 of division B of the Coronavirus +Aid, Relief, and Economic Security Act (Public Law 116-136) shall apply +to funds appropriated in this Act to the Department of Health and Human +Services. + Sec. 102. Funds appropriated by this Act under the heading +``Department of Health and Human Services'', except for the amounts +specified in the first paragraph and the first and second provisos in +the second paragraph under the heading ``Public Health and Social +Services Emergency Fund'', may be transferred to, and merged with, +other appropriation accounts under the headings ``Centers for Disease +Control and Prevention'', ``Public Health and Social Services Emergency +Fund'', ``Food and Drug Administration'', and ``National Institutes of +Health'' to prevent, prepare for, and respond to coronavirus following +consultation with the Office of Management and Budget: Provided, That the Committees on Appropriations of the House of Representatives and -the Senate: Provided further, That the Secretary may assess reasonable -charges to State, local and tribal government employees for training -services provided by the National Indian Program Training Center, other -than training related to Public Law 93-638: Provided further, That the -Secretary may lease or otherwise provide space and related facilities, -equipment or professional services of the National Indian Program -Training Center to State, local and tribal government employees or -persons or organizations engaged in cultural, educational, or -recreational activities (as defined in section 3306(a) of title 40, -United States Code) at the prevailing rate for similar space, -facilities, equipment, or services in the vicinity of the National -Indian Program Training Center: Provided further, That all funds -received pursuant to the two preceding provisos shall be credited to -this account, shall be available until expended, and shall be used by -the Secretary for necessary expenses of the National Indian Program -Training Center: Provided further, That the Secretary may enter into -grants and cooperative agreements to support the Office of Natural -Resource Revenue's collection and disbursement of royalties, fees, and -other mineral revenue proceeds, as authorized by law. - - administrative provision - - There is hereby authorized for acquisition from available resources -within the Working Capital Fund, aircraft which may be obtained by -donation, purchase or through available excess surplus property: -Provided, That existing aircraft being replaced may be sold, with -proceeds derived or trade-in value used to offset the purchase price -for the replacement aircraft. - - office of natural resources revenue - - For necessary expenses for management of the collection and -disbursement of royalties, fees, and other mineral revenue proceeds, -and for grants and cooperative agreements, as authorized by law, -$137,505,000, to remain available until September 30, 2020; of which -$41,727,000 shall remain available until expended for the purpose of -mineral revenue management activities: Provided, That notwithstanding -any other provision of law, $15,000 shall be available for refunds of -overpayments in connection with certain Indian leases in which the -Secretary concurred with the claimed refund due, to pay amounts owed to -Indian allottees or tribes, or to correct prior unrecoverable erroneous -payments. - - General Provisions, Department of the Interior - - (including transfers of funds) - - emergency transfer authority--intra-bureau - - Sec. 101. Appropriations made in this title shall be available for -expenditure or transfer (within each bureau or office), with the -approval of the Secretary, for the emergency reconstruction, -replacement, or repair of aircraft, buildings, utilities, or other -facilities or equipment damaged or destroyed by fire, flood, storm, or -other unavoidable causes: Provided, That no funds shall be made -available under this authority until funds specifically made available -to the Department of the Interior for emergencies shall have been -exhausted: Provided further, That all funds used pursuant to this -section must be replenished by a supplemental appropriation, which must -be requested as promptly as possible. - - emergency transfer authority--department-wide - - Sec. 102. The Secretary may authorize the expenditure or transfer -of any no year appropriation in this title, in addition to the amounts -included in the budget programs of the several agencies, for the -suppression or emergency prevention of wildland fires on or threatening -lands under the jurisdiction of the Department of the Interior; for the -emergency rehabilitation of burned-over lands under its jurisdiction; -for emergency actions related to potential or actual earthquakes, -floods, volcanoes, storms, or other unavoidable causes; for contingency -planning subsequent to actual oil spills; for response and natural -resource damage assessment activities related to actual oil spills or -releases of hazardous substances into the environment; for the -prevention, suppression, and control of actual or potential grasshopper -and Mormon cricket outbreaks on lands under the jurisdiction of the -Secretary, pursuant to the authority in section 417(b) of Public Law -106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under -section 410 of Public Law 95-87; and shall transfer, from any no year -funds available to the Office of Surface Mining Reclamation and -Enforcement, such funds as may be necessary to permit assumption of -regulatory authority in the event a primacy State is not carrying out -the regulatory provisions of the Surface Mining Act: Provided, That -appropriations made in this title for wildland fire operations shall be -available for the payment of obligations incurred during the preceding -fiscal year, and for reimbursement to other Federal agencies for -destruction of vehicles, aircraft, or other equipment in connection -with their use for wildland fire operations, with such reimbursement to -be credited to appropriations currently available at the time of -receipt thereof: Provided further, That for wildland fire operations, -no funds shall be made available under this authority until the -Secretary determines that funds appropriated for ``wildland fire -suppression'' shall be exhausted within 30 days: Provided further, -That all funds used pursuant to this section must be replenished by a -supplemental appropriation, which must be requested as promptly as -possible: Provided further, That such replenishment funds shall be -used to reimburse, on a pro rata basis, accounts from which emergency -funds were transferred. - - authorized use of funds - - Sec. 103. Appropriations made to the Department of the Interior in -this title shall be available for services as authorized by section -3109 of title 5, United States Code, when authorized by the Secretary, -in total amount not to exceed $500,000; purchase and replacement of -motor vehicles, including specially equipped law enforcement vehicles; -hire, maintenance, and operation of aircraft; hire of passenger motor -vehicles; purchase of reprints; payment for telephone service in -private residences in the field, when authorized under regulations -approved by the Secretary; and the payment of dues, when authorized by -the Secretary, for library membership in societies or associations -which issue publications to members only or at a price to members lower -than to subscribers who are not members. - - authorized use of funds, indian trust management - - Sec. 104. Appropriations made in this Act under the headings -Bureau of Indian Affairs and Bureau of Indian Education, and Office of -the Special Trustee for American Indians and any unobligated balances -from prior appropriations Acts made under the same headings shall be -available for expenditure or transfer for Indian trust management and -reform activities. Total funding for historical accounting activities -shall not exceed amounts specifically designated in this Act for such -purpose. - - redistribution of funds, bureau of indian affairs - - Sec. 105. Notwithstanding any other provision of law, the -Secretary of the Interior is authorized to redistribute any Tribal -Priority Allocation funds, including tribal base funds, to alleviate -tribal funding inequities by transferring funds to address identified, -unmet needs, dual enrollment, overlapping service areas or inaccurate -distribution methodologies. No tribe shall receive a reduction in -Tribal Priority Allocation funds of more than 10 percent in fiscal year -2019. Under circumstances of dual enrollment, overlapping service areas -or inaccurate distribution methodologies, the 10 percent limitation -does not apply. - - ellis, governors, and liberty islands - - Sec. 106. Notwithstanding any other provision of law, the -Secretary of the Interior is authorized to acquire lands, waters, or -interests therein including the use of all or part of any pier, dock, -or landing within the State of New York and the State of New Jersey, -for the purpose of operating and maintaining facilities in the support -of transportation and accommodation of visitors to Ellis, Governors, -and Liberty Islands, and of other program and administrative -activities, by donation or with appropriated funds, including franchise -fees (and other monetary consideration), or by exchange; and the -Secretary is authorized to negotiate and enter into leases, subleases, -concession contracts or other agreements for the use of such facilities -on such terms and conditions as the Secretary may determine reasonable. - - outer continental shelf inspection fees - - Sec. 107. (a) In fiscal year 2019, the Secretary shall collect a -nonrefundable inspection fee, which shall be deposited in the -``Offshore Safety and Environmental Enforcement'' account, from the -designated operator for facilities subject to inspection under 43 -U.S.C. 1348(c). - (b) Annual fees shall be collected for facilities that are above -the waterline, excluding drilling rigs, and are in place at the start -of the fiscal year. Fees for fiscal year 2019 shall be: - (1) $10,500 for facilities with no wells, but with - processing equipment or gathering lines; - (2) $17,000 for facilities with 1 to 10 wells, with any - combination of active or inactive wells; and - (3) $31,500 for facilities with more than 10 wells, with - any combination of active or inactive wells. - (c) Fees for drilling rigs shall be assessed for all inspections -completed in fiscal year 2019. Fees for fiscal year 2019 shall be: - (1) $30,500 per inspection for rigs operating in water - depths of 500 feet or more; and - (2) $16,700 per inspection for rigs operating in water - depths of less than 500 feet. - (d) The Secretary shall bill designated operators under subsection -(b) within 60 days, with payment required within 30 days of billing. -The Secretary shall bill designated operators under subsection (c) -within 30 days of the end of the month in which the inspection -occurred, with payment required within 30 days of billing. - - bureau of ocean energy management, regulation and enforcement - reorganization - - Sec. 108. The Secretary of the Interior, in order to implement a -reorganization of the Bureau of Ocean Energy Management, Regulation and -Enforcement, may transfer funds among and between the successor offices -and bureaus affected by the reorganization only in conformance with the -reprogramming guidelines described in Senate report 115-276. - - contracts and agreements for wild horse and burro holding facilities - - Sec. 109. Notwithstanding any other provision of this Act, the -Secretary of the Interior may enter into multiyear cooperative -agreements with nonprofit organizations and other appropriate entities, -and may enter into multiyear contracts in accordance with the -provisions of section 3903 of title 41, United States Code (except that -the 5-year term restriction in subsection (a) shall not apply), for the -long-term care and maintenance of excess wild free roaming horses and -burros by such organizations or entities on private land. Such -cooperative agreements and contracts may not exceed 10 years, subject -to renewal at the discretion of the Secretary. - - mass marking of salmonids - - Sec. 110. The United States Fish and Wildlife Service shall, in -carrying out its responsibilities to protect threatened and endangered -species of salmon, implement a system of mass marking of salmonid -stocks, intended for harvest, that are released from federally operated -or federally financed hatcheries including but not limited to fish -releases of coho, chinook, and steelhead species. Marked fish must have -a visible mark that can be readily identified by commercial and -recreational fishers. - - contracts and agreements with indian affairs - - Sec. 111. Notwithstanding any other provision of law, during -fiscal year 2019, in carrying out work involving cooperation with -State, local, and tribal governments or any political subdivision -thereof, Indian Affairs may record obligations against accounts -receivable from any such entities, except that total obligations at the -end of the fiscal year shall not exceed total budgetary resources -available at the end of the fiscal year. - - humane transfer of excess animals - - Sec. 112. Notwithstanding any other provision of law, the -Secretary of the Interior may transfer excess wild horses or burros -that have been removed from the public lands to other Federal, State, -and local government agencies for use as work animals: Provided, That -the Secretary may make any such transfer immediately upon request of -such Federal, State, or local government agency: Provided further, -That any excess animal transferred under this provision shall lose its -status as a wild free-roaming horse or burro as defined in the Wild -Free-Roaming Horses and Burros Act: Provided further, That any -Federal, State, or local government agency receiving excess wild horses -or burros as authorized in this section shall not: destroy the horses -or burros in a way that results in their destruction into commercial -products; sell or otherwise transfer the horses or burros in a way that -results in their destruction for processing into commercial products; -or euthanize the horses or burros except upon the recommendation of a -licensed veterinarian, in cases of severe injury, illness, or advanced -age. - - department of the interior experienced services program - - Sec. 113. (a) Notwithstanding any other provision of law relating -to Federal grants and cooperative agreements, the Secretary of the -Interior is authorized to make grants to, or enter into cooperative -agreements with, private nonprofit organizations designated by the -Secretary of Labor under title V of the Older Americans Act of 1965 to -utilize the talents of older Americans in programs authorized by other -provisions of law administered by the Secretary and consistent with -such provisions of law. - (b) Prior to awarding any grant or agreement under subsection (a), -the Secretary shall ensure that the agreement would not-- - (1) result in the displacement of individuals currently - employed by the Department, including partial displacement - through reduction of non-overtime hours, wages, or employment - benefits; - (2) result in the use of an individual under the Department - of the Interior Experienced Services Program for a job or - function in a case in which a Federal employee is in a layoff - status from the same or substantially equivalent job within the - Department; or - (3) affect existing contracts for services. - - payments in lieu of taxes (pilt) - - Sec. 114. Section 6906 of title 31, United States Code, is amended -by striking ``fiscal year 2018'' and inserting ``fiscal year 2019''. - - sage-grouse - - Sec. 115. None of the funds made available by this or any other -Act may be used by the Secretary of the Interior to write or issue -pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. -1533)-- - (1) a proposed rule for greater sage-grouse (Centrocercus - urophasianus); - (2) a proposed rule for the Columbia basin distinct - population segment of greater sage-grouse. - - technical correction - - Sec. 116. Division II of Public Law 104-333 (54 U.S.C. 320101 -note), as amended by section 116(b)(2) of Public Law 114-113, is -amended in each of sections 208, 310, and 607, by striking ``2017'' and -inserting ``2019''. - - damage to department of the interior facilities by volcanic eruption - - Sec. 117. (a) Not later than 60 days after the date of enactment -of this Act, the Secretary of the Interior shall submit to Congress a -report on each facility and related infrastructure of the Department of -the Interior damaged by a volcanic eruption covered by a major disaster -declared by the President in calendar year 2018 in accordance with -section 401 of the Robert T. Stafford Disaster Relief and Emergency -Assistance Act (42 U.S.C. 5170) (referred to in this section as a -``covered facility''). - (b) The report submitted under subsection (a) shall include-- - (1) an inventory of all covered facilities; - (2) a description of-- - (A) any closures of covered facilities; and - (B) the estimated impact on visitorship to covered - facilities open to the public as a result of a volcanic - eruption; and - (3) a plan-- - (A) to restore or replace covered facilities; and - (B) to restore visitorship levels to covered - facilities open to the public to historic visitorship - levels. - (c) In preparing the plan required under subsection (b)(3), the -Secretary of the Interior shall-- - (1) engage the community in which the covered facility is - located, including the State and units of local government; and - (2) include the estimated costs of carrying out the - activities described in the plan. - Sec. 118. (a) There are appropriated under the heading ``Operation -of Indian Programs'' under the heading ``Bureau of Indian Affairs and -Bureau of Indian Education'', in addition to any other amounts made -available under such heading and in order to provide additional funding -for hiring staff for tribal detention facilities, including addressing -the needs of newly funded tribal detention facilities, $2,000,000, to -remain available until September 30, 2020. - (b) Notwithstanding any other provision of this Act, the total -amount appropriated under the heading ``Working Capital Fund'' for the -Department of the Interior is hereby reduced by $2,000,000. +the Senate shall be notified 10 days in advance of any such transfer: +Provided further, That, upon a determination that all or part of the +funds transferred from an appropriation by this Act are not necessary, +such amounts may be transferred back to that appropriation: Provided +further, That none of the funds made available by this Act may be +transferred pursuant to the authority in section 205 of division A of +Public Law 116-94 or section 241(a) of the Public Health Service Act. + Sec. 103. Of the funds appropriated by this Act under the heading +``Public Health and Social Services Emergency Fund'', up to $6,000,000 +shall be transferred to, and merged with, funds made available under +the heading ``Office of the Secretary, Office of Inspector General'', +and shall remain available until expended, for oversight of activities +supported with funds appropriated to the Department of Health and Human +Services to prevent, prepare for, and respond to coronavirus, +domestically or internationally: Provided, That the Inspector General +of the Department of Health and Human Services shall consult with the +Committees on Appropriations of the House of Representatives and the +Senate prior to obligating such funds: Provided further, That the +transfer authority provided by this section is in addition to any other +transfer authority provided by law. TITLE II - ENVIRONMENTAL PROTECTION AGENCY - - Science and Technology - - (including rescission of funds) - - For science and technology, including research and development -activities, which shall include research and development activities -under the Comprehensive Environmental Response, Compensation, and -Liability Act of 1980; necessary expenses for personnel and related -costs and travel expenses; procurement of laboratory equipment and -supplies; and other operating expenses in support of research and -development, $717,723,000, to remain available until September 30, -2020: Provided, That of the funds included under this heading, -$5,000,000 shall be for Research: National Priorities as specified in -Senate report 115-276: Provided further, That of unobligated balances -from appropriations made available under this heading, $11,250,000 are -permanently rescinded: Provided further, That no amounts may be -rescinded pursuant to the preceding proviso from amounts made available -in the first proviso for Research: National Priorities: Provided -further, That of the amounts made available under this heading, not -less than $5,000,000 shall be used to investigate health impacts from -exposure to harmful algal blooms and cyanobacteria toxins, and to -develop innovative methods to monitor, characterize, and predict blooms -for early action. - - Environmental Programs and Management - - (including rescission of funds) - - For environmental programs and management, including necessary -expenses, not otherwise provided for, for personnel and related costs -and travel expenses; hire of passenger motor vehicles; hire, -maintenance, and operation of aircraft; purchase of reprints; library -memberships in societies or associations which issue publications to -members only or at a price to members lower than to subscribers who are -not members; administrative costs of the brownfields program under the -Small Business Liability Relief and Brownfields Revitalization Act of -2002; implementation of a coal combustion residual permit program under -section 2301 of the Water and Waste Act of 2016; and not to exceed -$9,000 for official reception and representation expenses, -$2,659,675,000, to remain available until September 30, 2020: -Provided, That of the funds included under this heading, $15,000,000 -shall be for Environmental Protection: National Priorities as specified -in Senate report 115-276: Provided further, That of the funds included -under this heading, $454,958,000 shall be for Geographic Programs -specified in the tables in the explanatory statement described in -section 436 of this Act: Provided further, That of the unobligated -balances from appropriations made available under this heading, -$61,676,000 are permanently rescinded: Provided further, That no -amounts may be rescinded pursuant to the preceding proviso from amounts -made available in the first proviso for Environmental Protection: -National Priorities, from amounts made available in the second proviso -for Geographic Programs, or from the National Estuary Program (33 -U.S.C. 1330). - In addition, $5,000,000 to remain available until expended, for -necessary expenses of activities described in section 26(b)(1) of the -Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That -fees collected pursuant to that section of that Act and deposited in -the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in -fiscal year 2019 shall be retained and used for necessary salaries and -expenses in this appropriation and shall remain available until -expended: Provided further, That the sum herein appropriated in this -paragraph from the general fund for fiscal year 2019 shall be reduced -by the amount of discretionary offsetting receipts received during -fiscal year 2019, so as to result in a final fiscal year 2019 -appropriation from the general fund estimated at not more than $0: -Provided further, That to the extent that amounts realized from such -receipts exceed $5,000,000, those amount in excess of $5,000,000 shall -be deposited in the ``TSCA Service Fee Fund'' as discretionary -offsetting receipts in fiscal year 2019, shall be retained and used for -necessary salaries and expenses in this account, and shall remain -available until expended: Provided further, That of the funds included -in the first paragraph under this heading, the Chemical Risk Review and -Reduction program project shall be allocated for this fiscal year, -excluding the amount of any fees appropriated, not less than the amount -of appropriations for that program project for fiscal year 2014. - - Office of Inspector General - - For necessary expenses of the Office of Inspector General in -carrying out the provisions of the Inspector General Act of 1978, -$41,489,000, to remain available until September 30, 2020. - - Buildings and Facilities - - For construction, repair, improvement, extension, alteration, and -purchase of fixed equipment or facilities of, or for use by, the -Environmental Protection Agency, $34,467,000, to remain available until -expended. - - Hazardous Substance Superfund - - (including transfers of funds) - - For necessary expenses to carry out the Comprehensive Environmental -Response, Compensation, and Liability Act of 1980 (CERCLA), including -sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) -$1,091,947,000, to remain available until expended, consisting of such -sums as are available in the Trust Fund on September 30, 2018, as -authorized by section 517(a) of the Superfund Amendments and -Reauthorization Act of 1986 (SARA) and up to $1,091,947,000 as a -payment from general revenues to the Hazardous Substance Superfund for -purposes as authorized by section 517(b) of SARA: Provided, That funds -appropriated under this heading may be allocated to other Federal -agencies in accordance with section 111(a) of CERCLA: Provided -further, That of the funds appropriated under this heading, $8,718,000 -shall be paid to the ``Office of Inspector General'' appropriation to -remain available until September 30, 2020, and $17,398,000 shall be -paid to the ``Science and Technology'' appropriation to remain -available until September 30, 2020. - - Leaking Underground Storage Tank Trust Fund Program - - For necessary expenses to carry out leaking underground storage -tank cleanup activities authorized by subtitle I of the Solid Waste -Disposal Act, $91,941,000, to remain available until expended, of which -$66,572,000 shall be for carrying out leaking underground storage tank -cleanup activities authorized by section 9003(h) of the Solid Waste -Disposal Act; $25,369,000 shall be for carrying out the other -provisions of the Solid Waste Disposal Act specified in section 9508(c) -of the Internal Revenue Code: Provided, That the Administrator is -authorized to use appropriations made available under this heading to -implement section 9013 of the Solid Waste Disposal Act to provide -financial assistance to federally recognized Indian tribes for the -development and implementation of programs to manage underground -storage tanks. - - Inland Oil Spill Programs - - For expenses necessary to carry out the Environmental Protection -Agency's responsibilities under the Oil Pollution Act of 1990, -$18,209,000, to be derived from the Oil Spill Liability trust fund, to -remain available until expended. - - State and Tribal Assistance Grants - - For environmental programs and infrastructure assistance, including -capitalization grants for State revolving funds and performance -partnership grants, $3,575,041,000, to remain available until expended, -of which-- - (1) $1,394,000,000 shall be for making capitalization - grants for the Clean Water State Revolving Funds under title VI - of the Federal Water Pollution Control Act; and of which - $864,000,000 shall be for making capitalization grants for the - Drinking Water State Revolving Funds under section 1452 of the - Safe Drinking Water Act: Provided, That for fiscal year 2019, - to the extent there are sufficient eligible project - applications and projects are consistent with State Intended - Use Plans, not less than 10 percent of the funds made available - under this title to each State for Clean Water State Revolving - Fund capitalization grants shall be used by the State for - projects to address green infrastructure, water or energy - efficiency improvements, or other environmentally innovative - activities: Provided further, That for fiscal year 2019, funds - made available under this title to each State for Drinking - Water State Revolving Fund capitalization grants may, at the - discretion of each State, be used for projects to address green - infrastructure, water or energy efficiency improvements, or - other environmentally innovative activities: Provided further, - That notwithstanding section 603(d)(7) of the Federal Water - Pollution Control Act, the limitation on the amounts in a State - water pollution control revolving fund that may be used by a - State to administer the fund shall not apply to amounts - included as principal in loans made by such fund in fiscal year - 2019 and prior years where such amounts represent costs of - administering the fund to the extent that such amounts are or - were deemed reasonable by the Administrator, accounted for - separately from other assets in the fund, and used for eligible - purposes of the fund, including administration: Provided - further, That for fiscal year 2019, notwithstanding the - provisions of subsections (g)(1), (h), and (l) of section 201 - of the Federal Water Pollution Control Act, grants made under - title II of such Act for American Samoa, Guam, the commonwealth - of the Northern Marianas, the United States Virgin Islands, and - the District of Columbia may also be made for the purpose of - providing assistance: (1) solely for facility plans, design - activities, or plans, specifications, and estimates for any - proposed project for the construction of treatment works; and - (2) for the construction, repair, or replacement of privately - owned treatment works serving one or more principal residences - or small commercial establishments: Provided further, That for - fiscal year 2019, notwithstanding the provisions of such - subsections (g)(1), (h), and (l) of section 201 and section - 518(c) of the Federal Water Pollution Control Act, funds - reserved by the Administrator for grants under section 518(c) - of the Federal Water Pollution Control Act may also be used to - provide assistance: (1) solely for facility plans, design - activities, or plans, specifications, and estimates for any - proposed project for the construction of treatment works; and - (2) for the construction, repair, or replacement of privately - owned treatment works serving one or more principal residences - or small commercial establishments: Provided further, That for - fiscal year 2019, notwithstanding any provision of the Federal - Water Pollution Control Act and regulations issued pursuant - thereof, up to a total of $2,000,000 of the funds reserved by - the Administrator for grants under section 518(c) of such Act - may also be used for grants for training, technical assistance, - and educational programs relating to the operation and - management of the treatment works specified in section 518(c) - of such Act: Provided further, That for fiscal year 2019, - funds reserved under section 518(c) of such Act shall be - available for grants only to Indian tribes, as defined in - section 518(h) of such Act and former Indian reservations in - Oklahoma (as determined by the Secretary of the Interior) and - Native Villages as defined in Public Law 92-203: Provided - further, That for fiscal year 2019, notwithstanding the - limitation on amounts in section 518(c) of the Federal Water - Pollution Control Act, up to a total of 2 percent of the funds - appropriated, or $30,000,000, whichever is greater, and - notwithstanding the limitation on amounts in section 1452(i) of - the Safe Drinking Water Act, up to a total of 2 percent of the - funds appropriated, or $20,000,000, whichever is greater, for - State Revolving Funds under such Acts may be reserved by the - Administrator for grants under section 518(c) and section - 1452(i) of such Acts: Provided further, That for fiscal year - 2019, notwithstanding the amounts specified in section 205(c) - of the Federal Water Pollution Control Act, up to 1.5 percent - of the aggregate funds appropriated for the Clean Water State - Revolving Fund program under the Act less any sums reserved - under section 518(c) of the Act, may be reserved by the - Administrator for grants made under title II of the Federal - Water Pollution Control Act for American Samoa, Guam, the - Commonwealth of the Northern Marianas, and United States Virgin - Islands: Provided further, That for fiscal year 2019, - notwithstanding the limitations on amounts specified in section - 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of - the funds appropriated for the Drinking Water State Revolving - Fund programs under the Safe Drinking Water Act may be reserved - by the Administrator for grants made under section 1452(j) of - the Safe Drinking Water Act: Provided further, That 10 percent - of the funds made available under this title to each State for - Clean Water State Revolving Fund capitalization grants and 20 - percent of the funds made available under this title to each - State for Drinking Water State Revolving Fund capitalization - grants shall be used by the State to provide additional subsidy - to eligible recipients in the form of forgiveness of principal, - negative interest loans, or grants (or any combination of - these), and shall be so used by the State only where such funds - are provided as initial financing for an eligible recipient or - to buy, refinance, or restructure the debt obligations of - eligible recipients only where such debt was incurred on or - after the date of enactment of this Act, or where such debt was - incurred prior to the date of enactment of this Act if the - State, with concurrence from the Administrator, determines that - such funds could be used to help address a threat to public - health from heightened exposure to lead in drinking water or if - a Federal or State emergency declaration has been issued due to - a threat to public health from heightened exposure to lead in a - municipal drinking water supply before the date of enactment of - this Act: Provided further, That in a State in which such an - emergency declaration has been issued, the State may use more - than 20 percent of the funds made available under this title to - the State for Drinking Water State Revolving Fund - capitalization grants to provide additional subsidy to eligible - recipients; - (2) $15,000,000 shall be for architectural, engineering, - planning, design, construction and related activities in - connection with the construction of high priority water and - wastewater facilities in the area of the United States-Mexico - Border, after consultation with the appropriate border - commission: Provided, That no funds provided by this - appropriations Act to address the water, wastewater and other - critical infrastructure needs of the colonias in the United - States along the United States-Mexico border shall be made - available to a county or municipal government unless that - government has established an enforceable local ordinance, or - other zoning rule, which prevents in that jurisdiction the - development or construction of any additional colonia areas, or - the development within an existing colonia the construction of - any new home, business, or other structure which lacks water, - wastewater, or other necessary infrastructure; - (3) $25,000,000 shall be for grants to the State of Alaska - to address drinking water and wastewater infrastructure needs - of rural and Alaska Native Villages: Provided, That of these - funds: (A) the State of Alaska shall provide a match of 25 - percent; (B) no more than 5 percent of the funds may be used - for administrative and overhead expenses; and (C) the State of - Alaska shall make awards consistent with the Statewide priority - list established in conjunction with the Agency and the U.S. - Department of Agriculture for all water, sewer, waste disposal, - and similar projects carried out by the State of Alaska that - are funded under section 221 of the Federal Water Pollution - Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural - Development Act (7 U.S.C. 1921 et seq.) which shall allocate - not less than 25 percent of the funds provided for projects in - regional hub communities; - (4) $80,000,000 shall be to carry out section 104(k) of the - Comprehensive Environmental Response, Compensation, and - Liability Act of 1980 (CERCLA), including grants, interagency - agreements, and associated program support costs: Provided, - That not more than 25 percent of the amount appropriated to - carry out section 104(k) of CERCLA shall be used for site - characterization, assessment, and remediation of facilities - described in section 101(39)(D)(ii)(II) of CERCLA: Provided - further, That at least 10 percent shall be allocated for - assistance in persistent poverty counties: Provided further, - That for purposes of this section, the term ``persistent - poverty counties'' means any county that has had 20 percent or - more of its population living in poverty over the past 30 - years, as measured by the 1990 and 2000 decennial censuses and - the most recent Small Area Income and Poverty Estimates; - (5) $50,000,000 shall be for grants under title VII, - subtitle G of the Energy Policy Act of 2005; - (6) $50,000,000 shall be for targeted airshed grants in - accordance with the terms and conditions in Senate report 115- - 276; - (7) $4,000,000 shall be to carry out the water quality - program authorized in section 5004(d) of the Water - Infrastructure Improvements for the Nation Act (Public Law 114- - 322); and - (8) $1,093,041,000 shall be for grants, including - associated program support costs, to States, federally - recognized tribes, interstate agencies, tribal consortia, and - air pollution control agencies for multi-media or single media - pollution prevention, control and abatement and related - activities, including activities pursuant to the provisions set - forth under this heading in Public Law 104-134, and for making - grants under section 103 of the Clean Air Act for particulate - matter monitoring and data collection activities subject to - terms and conditions specified by the Administrator, of which: - $47,745,000 shall be for carrying out section 128 of CERCLA; - $9,646,000 shall be for Environmental Information Exchange - Network grants, including associated program support costs; - $1,498,000 shall be for grants to States under section - 2007(f)(2) of the Solid Waste Disposal Act, which shall be in - addition to funds appropriated under the heading ``Leaking - Underground Storage Tank Trust Fund Program'' to carry out the - provisions of the Solid Waste Disposal Act specified in section - 9508(c) of the Internal Revenue Code other than section 9003(h) - of the Solid Waste Disposal Act; $17,848,000 of the funds - available for grants under section 106 of the Federal Water - Pollution Control Act shall be for State participation in - national- and State-level statistical surveys of water - resources and enhancements to State monitoring programs; - $27,000,000 shall be for multipurpose grants, including - interagency agreements. - - Water Infrastructure Finance and Innovation Program Account - - For the cost of direct loans and for the cost of guaranteed loans, -as authorized by the Water Infrastructure Finance and Innovation Act of -2014, $5,000,000, to remain available until expended: Provided, That -such costs, including the cost of modifying such loans, shall be as -defined in section 502 of the Congressional Budget Act of 1974: -Provided further, That these funds are available to subsidize gross -obligations for the principal amount of direct loans, including -capitalized interest, and total loan principal, including capitalized -interest, any part of which is to be guaranteed, not to exceed -$610,000,000. - In addition, fees authorized to be collected pursuant to sections -5029 and 5030 of the Water Infrastructure Finance and Innovation Act of -2014 shall be deposited in this account, to remain available until -expended. - In addition, for administrative expenses to carry out the direct -and guaranteed loan programs, notwithstanding section 5033 of the Water -Infrastructure Finance and Innovation Act of 2014, $5,000,000, to -remain available until September 30, 2020. - - Administrative Provisions--Environmental Protection Agency - - (including transfers and rescission of funds) - - For fiscal year 2019, notwithstanding 31 U.S.C. 6303(1) and -6305(1), the Administrator of the Environmental Protection Agency, in -carrying out the Agency's function to implement directly Federal -environmental programs required or authorized by law in the absence of -an acceptable tribal program, may award cooperative agreements to -federally recognized Indian tribes or Intertribal consortia, if -authorized by their member tribes, to assist the Administrator in -implementing Federal environmental programs for Indian tribes required -or authorized by law, except that no such cooperative agreements may be -awarded from funds designated for State financial assistance -agreements. - The Administrator of the Environmental Protection Agency is -authorized to collect and obligate pesticide registration service fees -in accordance with section 33 of the Federal Insecticide, Fungicide, -and Rodenticide Act, as amended by Public Law 112-177, the Pesticide -Registration Improvement Extension Act of 2012. - Notwithstanding section 33(d)(2) of the Federal Insecticide, -Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the -Administrator of the Environmental Protection Agency may assess fees -under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2019. - The Administrator is authorized to transfer up to $300,000,000 of -the funds appropriated for the Great Lakes Restoration Initiative under -the heading ``Environmental Programs and Management'' to the head of -any Federal department or agency, with the concurrence of such head, to -carry out activities that would support the Great Lakes Restoration -Initiative and Great Lakes Water Quality Agreement programs, projects, -or activities; to enter into an interagency agreement with the head of -such Federal department or agency to carry out these activities; and to -make grants to governmental entities, nonprofit organizations, -institutions, and individuals for planning, research, monitoring, -outreach, and implementation in furtherance of the Great Lakes -Restoration Initiative and the Great Lakes Water Quality Agreement. - The Science and Technology, Environmental Programs and Management, -Office of Inspector General, Hazardous Substance Superfund, and Leaking -Underground Storage Tank Trust Fund Program Accounts, are available for -the construction, alteration, repair, rehabilitation, and renovation of -facilities, provided that the cost does not exceed $150,000 per -project. - For fiscal year 2019, and notwithstanding section 518(f) of the -Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the -Administrator is authorized to use the amounts appropriated for any -fiscal year under section 319 of the Act to make grants to Indian -tribes pursuant to sections 319(h) and 518(e) of that Act. - The Administrator is authorized to use the amounts appropriated -under the heading ``Environmental Programs and Management'' for fiscal -year 2019 to provide grants to implement the Southeastern New England -Watershed Restoration Program. - The Administrator of the Environmental Protection Agency is -authorized to collect and obligate fees in accordance with section 3024 -of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2019. - Of the unobligated balances available for the ``State and Tribal -Assistance Grants'' account, $109,078,000 are hereby permanently -rescinded: Provided, That no amounts may be rescinded from amounts -that were designated by the Congress as an emergency requirement -pursuant to the Concurrent Resolution on the Budget or the Balanced -Budget and Emergency Deficit Control Act of 1985 or from amounts that -were made available by subsection (a) of section 196 of the Continuing -Appropriations Act, 2017 (division C of Public Law 114-223), as amended -by the Further Continuing and Security Assistance Appropriations Act, -2017 (Public Law 114-254). - Using funds appropriated under this title, the Administrator of the -Environmental Protection Agency shall implement the recommendations -described in the report of the Office of Inspector General of the -Environmental Protection Agency entitled ``Management Weakness Delayed -Response to Flint Water Crisis'', numbered 18-P-0221, and dated July -19, 2018, to ensure clean and safe water compliance under the Safe -Drinking Water Act (42 U.S.C. 300f et seq.). If the Administrator of -the Environmental Protection Agency does not implement 1 or more -recommendations required by the preceding sentence, the Administrator -shall submit to the Committees on Appropriations and Environment and -Public Works of the Senate and the Committees on Appropriations and -Energy and Commerce of the House of Representatives a report explaining -why the Administrator did not implement the recommendation and -identifying specific actions the Administrator is implementing to -address the concerns raised in the report. - - TITLE III - - RELATED AGENCIES - - DEPARTMENT OF AGRICULTURE - - office of the under secretary for natural resources and environment - - For necessary expenses of the Office of the Under Secretary for -Natural Resources and Environment, $875,000: Provided, That funds made -available by this Act to any agency in the Natural Resources and -Environment mission area for salaries and expenses are available to -fund up to one administrative support staff for the office. - - Forest Service + INDEPENDENT AGENCIES - forest and rangeland research - - For necessary expenses of forest and rangeland research as -authorized by law, $300,000,000, to remain available through September -30, 2022, of which not less than $500,000 shall be made available for -wood utilization research to develop woody and agricultural biomass -conversion of low-value woody biomass using microwave-assisted -liquefaction: Provided, That of the funds provided, $77,000,000 is for -the forest inventory and analysis program: Provided further, That all -authorities for the use of funds, including the use of contracts, -grants, and cooperative agreements, available to execute the Forest and -Rangeland Research appropriation, are also available in the utilization -of these funds for Fire Science Research. - - state and private forestry - - For necessary expenses of cooperating with and providing technical -and financial assistance to States, territories, possessions, and -others, and for forest health management, and conducting an -international program as authorized, $333,990,000, to remain available -through September 30, 2022, as authorized by law; of which $65,490,000 -is to be derived from the Land and Water Conservation Fund to be used -for the Forest Legacy Program, to remain available until expended. - - national forest system - - For necessary expenses of the Forest Service, not otherwise -provided for, for management, protection, improvement, and utilization -of the National Forest System, and for hazardous fuels management on or -adjacent to such lands, $1,937,653,000, to remain available through -September 30, 2022: Provided, That of the funds provided, $40,000,000 -shall be deposited in the Collaborative Forest Landscape Restoration -Fund for ecological restoration treatments as authorized by 16 U.S.C. -7303(f): Provided further, That of the funds provided, $368,000,000 -shall be for forest products: Provided further, That of the funds -provided, $435,000,000 shall be for hazardous fuels management -activities, of which not to exceed $15,000,000 may be used to make -grants, using any authorities available to the Forest Service under the -``State and Private Forestry'' appropriation, for the purpose of -creating incentives for increased use of biomass from National Forest -System lands: Provided further, That $20,000,000 may be used by the -Secretary of Agriculture to enter into procurement contracts or -cooperative agreements or to issue grants for hazardous fuels -management activities, and for training or monitoring associated with -such hazardous fuels management activities on Federal land, or on non- -Federal land if the Secretary determines such activities benefit -resources on Federal land: Provided further, That funds made available -to implement the Community Forestry Restoration Act, Public Law 106- -393, title VI, shall be available for use on non-Federal lands in -accordance with authorities made available to the Forest Service under -the ``State and Private Forestry'' appropriations: Provided further, -That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act -(7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for -grazing on a National Grassland, may provide a credit of up to 50 -percent of the calculated fee to a Grazing Association or direct -permittee for a conservation practice approved by the Secretary in -advance of the fiscal year in which the cost of the conservation -practice is incurred. And, that the amount credited shall remain -available to the Grazing Association or the direct permittee, as -appropriate, in the fiscal year in which the credit is made and each -fiscal year thereafter for use on the project for conservation -practices approved by the Secretary. - - capital improvement and maintenance - - (including transfer of funds) - - For necessary expenses of the Forest Service, not otherwise -provided for, $449,000,000, to remain available through September 30, -2022, for construction, capital improvement, maintenance and -acquisition of buildings and other facilities and infrastructure; and -for construction, reconstruction, decommissioning of roads that are no -longer needed, including unauthorized roads that are not part of the -transportation system, and maintenance of forest roads and trails by -the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 -and 205: Provided, That funds becoming available in fiscal year 2019 -under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to -the General Fund of the Treasury and shall not be available for -transfer or obligation for any other purpose unless the funds are -appropriated. - - land acquisition - - (including rescission of funds) - - For expenses necessary to carry out the provisions of chapter 2003 -of title 54, United States Code, including administrative expenses, and -for acquisition of land or waters, or interest therein, in accordance -with statutory authority applicable to the Forest Service, $74,099,000, -to be derived from the Land and Water Conservation Fund and to remain -available until expended. - Of the unobligated balances from amounts made available for Land -Acquisition and derived from the Land and Water Conservation Fund, -$16,028,000 is hereby permanently rescinded from projects with cost -savings or failed or partially failed projects that had funds returned: - Provided, That no amounts may be rescinded from amounts that were -designated by the Congress as an emergency requirement pursuant to the -Concurrent Resolution on the Budget or the Balanced Budget and -Emergency Deficit Control Act of 1985. - - acquisition of lands for national forests special acts - - For acquisition of lands within the exterior boundaries of the -Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National -Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland -National Forests, California; and the Ozark-St. Francis and Ouachita -National Forests, Arkansas; as authorized by law, $700,000, to be -derived from forest receipts. - - acquisition of lands to complete land exchanges - - For acquisition of lands, such sums, to be derived from funds -deposited by State, county, or municipal governments, public school -districts, or other public school authorities, and for authorized -expenditures from funds deposited by non-Federal parties pursuant to -Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 -(16 U.S.C. 484a), to remain available through September 30, 2021, (16 -U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; -and Public Law 78-310). - - range betterment fund - - For necessary expenses of range rehabilitation, protection, and -improvement, 50 percent of all moneys received during the prior fiscal -year, as fees for grazing domestic livestock on lands in National -Forests in the 16 Western States, pursuant to section 401(b)(1) of -Public Law 94-579, to remain available through September 30, 2022, of -which not to exceed 6 percent shall be available for administrative -expenses associated with on-the-ground range rehabilitation, -protection, and improvements. - - gifts, donations and bequests for forest and rangeland research - - For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain -available through September 30, 2022, to be derived from the fund -established pursuant to the above Act. - - management of national forest lands for subsistence uses - - For necessary expenses of the Forest Service to manage Federal -lands in Alaska for subsistence uses under title VIII of the Alaska -National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), -$2,500,000, to remain available through September 30, 2022. - - wildland fire management - - (including transfers of funds) - - For necessary expenses for forest fire presuppression activities on -National Forest System lands, for emergency wildland fire suppression -on or adjacent to such lands or other lands under fire protection -agreement, and for emergency rehabilitation of burned-over National -Forest System lands and water, $3,229,620,000, to remain available -through September 30, 2022: Provided, That such funds including -unobligated balances under this heading, are available for repayment of -advances from other appropriations accounts previously transferred for -such purposes: Provided further, That any unobligated funds -appropriated in a previous fiscal year for hazardous fuels management -may be transferred to the ``National Forest System'' account: Provided -further, That such funds shall be available to reimburse State and -other cooperating entities for services provided in response to -wildfire and other emergencies or disasters to the extent such -reimbursements by the Forest Service for non-fire emergencies are fully -repaid by the responsible emergency management agency: Provided -further, That funds provided shall be available for support to Federal -emergency response: Provided further, That the costs of implementing -any cooperative agreement between the Federal Government and any non- -Federal entity may be shared, as mutually agreed on by the affected -parties: Provided further, That funds designated for wildfire -suppression, shall be assessed for cost pools on the same basis as such -assessments are calculated against other agency programs. - - administrative provisions--forest service - - (including transfers of funds) - - Appropriations to the Forest Service for the current fiscal year -shall be available for: (1) purchase of passenger motor vehicles; -acquisition of passenger motor vehicles from excess sources, and hire -of such vehicles; purchase, lease, operation, maintenance, and -acquisition of aircraft to maintain the operable fleet for use in -Forest Service wildland fire programs and other Forest Service -programs; notwithstanding other provisions of law, existing aircraft -being replaced may be sold, with proceeds derived or trade-in value -used to offset the purchase price for the replacement aircraft; (2) -services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for -employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration -of buildings and other public improvements (7 U.S.C. 2250); (4) -acquisition of land, waters, and interests therein pursuant to 7 U.S.C. -428a; (5) for expenses pursuant to the Volunteers in the National -Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost -of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt -collection contracts in accordance with 31 U.S.C. 3718(c). - Any appropriations or funds available to the Forest Service may be -transferred to the Wildland Fire Management appropriation for forest -firefighting, emergency rehabilitation of burned-over or damaged lands -or waters under its jurisdiction, and fire preparedness due to severe -burning conditions upon the Secretary's notification of the House and -Senate Committees on Appropriations that all fire suppression funds -appropriated under the heading ``Wildland Fire Management'' will be -obligated within 30 days: Provided, That all funds used pursuant to -this paragraph must be replenished by a supplemental appropriation -which must be requested as promptly as possible. - Not more than $50,000,000 of funds appropriated to the Forest -Service shall be available for expenditure or transfer to the -Department of the Interior for wildland fire management, hazardous -fuels management, and State fire assistance when such transfers would -facilitate and expedite wildland fire management programs and projects. - Notwithstanding any other provision of this Act, the Forest Service -may transfer unobligated balances of discretionary funds appropriated -to the Forest Service by this Act to or within the National Forest -System Account, or reprogram funds to be used for the purposes of -hazardous fuels management and urgent rehabilitation of burned-over -National Forest System lands and water, such transferred funds shall -remain available through September 30, 2022: Provided, That none of -the funds transferred pursuant to this section shall be available for -obligation without written notification to and the prior approval of -the Committees on Appropriations of both Houses of Congress: Provided -further, That this section does not apply to funds appropriated to the -FLAME Wildfire Suppression Reserve Fund or funds derived from the Land -and Water Conservation Fund. - Funds appropriated to the Forest Service shall be available for -assistance to or through the Agency for International Development in -connection with forest and rangeland research, technical information, -and assistance in foreign countries, and shall be available to support -forestry and related natural resource activities outside the United -States and its territories and possessions, including technical -assistance, education and training, and cooperation with U.S., private, -and international organizations. The Forest Service, acting for the -International Program, may sign direct funding agreements with foreign -governments and institutions as well as other domestic agencies -(including the U.S. Agency for International Development, the -Department of State, and the Millennium Challenge Corporation), U.S. -private sector firms, institutions and organizations to provide -technical assistance and training programs overseas on forestry and -rangeland management. - Funds appropriated to the Forest Service shall be available for -expenditure or transfer to the Department of the Interior, Bureau of -Land Management, for removal, preparation, and adoption of excess wild -horses and burros from National Forest System lands, and for the -performance of cadastral surveys to designate the boundaries of such -lands. - None of the funds made available to the Forest Service in this Act -or any other Act with respect to any fiscal year shall be subject to -transfer under the provisions of section 702(b) of the Department of -Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public -Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171 -(7 U.S.C. 8316(b)). - None of the funds available to the Forest Service may be -reprogrammed without the advance approval of the House and Senate -Committees on Appropriations in accordance with the reprogramming -procedures contained in Senate report 115-276. - Not more than $82,000,000 of funds available to the Forest Service -shall be transferred to the Working Capital Fund of the Department of -Agriculture and not more than $14,500,000 of funds available to the -Forest Service shall be transferred to the Department of Agriculture -for Department Reimbursable Programs, commonly referred to as Greenbook -charges. Nothing in this paragraph shall prohibit or limit the use of -reimbursable agreements requested by the Forest Service in order to -obtain services from the Department of Agriculture's National -Information Technology Center and the Department of Agriculture's -International Technology Service. - Of the funds available to the Forest Service, up to $5,000,000 -shall be available for priority projects within the scope of the -approved budget, which shall be carried out by the Youth Conservation -Corps and shall be carried out under the authority of the Public Lands -Corps Act of 1993 (16 U.S.C. 1721 et seq.). - Of the funds available to the Forest Service, $4,000 is available -to the Chief of the Forest Service for official reception and -representation expenses. - Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of -the funds available to the Forest Service, up to $3,000,000 may be -advanced in a lump sum to the National Forest Foundation to aid -conservation partnership projects in support of the Forest Service -mission, without regard to when the Foundation incurs expenses, for -projects on or benefitting National Forest System lands or related to -Forest Service programs: Provided, That of the Federal funds made -available to the Foundation, no more than $300,000 shall be available -for administrative expenses: Provided further, That the Foundation -shall obtain, by the end of the period of Federal financial assistance, -private contributions to match funds made available by the Forest -Service on at least a one-for-one basis: Provided further, That the -Foundation may transfer Federal funds to a Federal or a non-Federal -recipient for a project at the same rate that the recipient has -obtained the non-Federal matching funds. - Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 -of the funds available to the Forest Service may be advanced to the -National Fish and Wildlife Foundation in a lump sum to aid cost-share -conservation projects, without regard to when expenses are incurred, on -or benefitting National Forest System lands or related to Forest -Service programs: Provided, That such funds shall be matched on at -least a one-for-one basis by the Foundation or its sub-recipients: -Provided further, That the Foundation may transfer Federal funds to a -Federal or non-Federal recipient for a project at the same rate that -the recipient has obtained the non-Federal matching funds. - Funds appropriated to the Forest Service shall be available for -interactions with and providing technical assistance to rural -communities and natural resource-based businesses for sustainable rural -development purposes. - Funds appropriated to the Forest Service shall be available for -payments to counties within the Columbia River Gorge National Scenic -Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of -Public Law 99-663. - Any funds appropriated to the Forest Service may be used to meet -the non-Federal share requirement in section 502(c) of the Older -Americans Act of 1965 (42 U.S.C. 3056(c)(2)). - The Forest Service shall not assess funds for the purpose of -performing fire, administrative, and other facilities maintenance and -decommissioning. - Notwithstanding any other provision of law, of any appropriations -or funds available to the Forest Service, not to exceed $500,000 may be -used to reimburse the Office of the General Counsel (OGC), Department -of Agriculture, for travel and related expenses incurred as a result of -OGC assistance or participation requested by the Forest Service at -meetings, training sessions, management reviews, land purchase -negotiations and similar matters unrelated to civil litigation. Future -budget justifications for both the Forest Service and the Department of -Agriculture should clearly display the sums previously transferred and -the sums requested for transfer. - An eligible individual who is employed in any project funded under -title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and -administered by the Forest Service shall be considered to be a Federal -employee for purposes of chapter 171 of title 28, United States Code. - Notwithstanding any other provision of this Act, through the Office -of Budget and Program Analysis, the Forest Service shall report no -later than 30 business days following the close of each fiscal quarter -all current and prior year unobligated balances, by fiscal year, budget -line item and account, to the House and Senate Committees on -Appropriations. - - DEPARTMENT OF HEALTH AND HUMAN SERVICES - - Indian Health Service - - indian health services - - For expenses necessary to carry out the Act of August 5, 1954 (68 -Stat. 674), the Indian Self-Determination and Education Assistance Act, -the Indian Health Care Improvement Act, and titles II and III of the -Public Health Service Act with respect to the Indian Health Service, -$4,072,385,000, together with payments received during the fiscal year -pursuant to sections 231(b) and 233 of the Public Health Service Act -(42 U.S.C. 238(b), 238b), for services furnished by the Indian Health -Service: Provided, That funds made available to tribes and tribal -organizations through contracts, grant agreements, or any other -agreements or compacts authorized by the Indian Self-Determination and -Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be -obligated at the time of the grant or contract award and thereafter -shall remain available to the tribe or tribal organization without -fiscal year limitation: Provided further, That $2,000,000 shall be -available for grants or contracts with public or private institutions -to provide alcohol or drug treatment services to Indians, including -alcohol detoxification services: Provided further, That $964,819,000 -for Purchased/Referred Care, including $53,000,000 for the Indian -Catastrophic Health Emergency Fund, shall remain available until -expended: Provided further, That of the funds provided, up to -$36,000,000 shall remain available until expended for implementation of -the loan repayment program under section 108 of the Indian Health Care -Improvement Act: Provided further, That of the funds provided, -$15,000,000 shall remain available until expended to supplement funds -available for operational costs at tribal clinics operated under an -Indian Self-Determination and Education Assistance Act compact or -contract where health care is delivered in space acquired through a -full service lease, which is not eligible for maintenance and -improvement and equipment funds from the Indian Health Service, and -$58,000,000 shall be for costs related to or resulting from -accreditation emergencies, of which up to $4,000,000 may be used to -supplement amounts otherwise available for Purchased/Referred Care: -Provided further, That the amounts collected by the Federal Government -as authorized by sections 104 and 108 of the Indian Health Care -Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal -year for breach of contracts shall be deposited to the Fund authorized -by section 108A of that Act (25 U.S.C. 1616a-1) and shall remain -available until expended and, notwithstanding section 108A(c) of that -Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards -under the loan repayment and scholarship programs under sections 104 -and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further, -That the amounts made available within this account for the Substance -Abuse and Suicide Prevention Program, for opioid Prevention, Treatment -and Recovery Services, for the Domestic Violence Prevention Program, -for the Zero Suicide Initiative, for the housing subsidy authority for -civilian employees, for aftercare pilot programs at Youth Regional -Treatment Centers, to improve collections from public and private -insurance at Indian Health Service and tribally operated facilities, -and for accreditation emergencies shall be allocated at the discretion -of the Director of the Indian Health Service and shall remain available -until expended: Provided further, That funds provided in this Act may -be used for annual contracts and grants for which the performance -period falls within 2 fiscal years, provided the total obligation is -recorded in the year the funds are appropriated: Provided further, -That the amounts collected by the Secretary of Health and Human -Services under the authority of title IV of the Indian Health Care -Improvement Act shall remain available until expended for the purpose -of achieving compliance with the applicable conditions and requirements -of titles XVIII and XIX of the Social Security Act, except for those -related to the planning, design, or construction of new facilities: -Provided further, That funding contained herein for scholarship -programs under the Indian Health Care Improvement Act shall remain -available until expended: Provided further, That amounts received by -tribes and tribal organizations under title IV of the Indian Health -Care Improvement Act shall be reported and accounted for and available -to the receiving tribes and tribal organizations until expended: -Provided further, That the Bureau of Indian Affairs may collect from -the Indian Health Service, and from tribes and tribal organizations -operating health facilities pursuant to Public Law 93-638, such -individually identifiable health information relating to disabled -children as may be necessary for the purpose of carrying out its -functions under the Individuals with Disabilities Education Act (20 -U.S.C. 1400 et seq.): Provided further, That the accreditation -emergency funds may be used, as needed, to carry out activities -typically funded under the Indian Health Facilities account. - - contract support costs - - For payments to tribes and tribal organizations for contract -support costs associated with Indian Self-Determination and Education -Assistance Act agreements with the Indian Health Service for fiscal -year 2019, such sums as may be necessary: Provided, That -notwithstanding any other provision of law, no amounts made available -under this heading shall be available for transfer to another budget -account. - - indian health facilities - - For construction, repair, maintenance, improvement, and equipment -of health and related auxiliary facilities, including quarters for -personnel; preparation of plans, specifications, and drawings; -acquisition of sites, purchase and erection of modular buildings, and -purchases of trailers; and for provision of domestic and community -sanitation facilities for Indians, as authorized by section 7 of the -Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination -Act, and the Indian Health Care Improvement Act, and for expenses -necessary to carry out such Acts and titles II and III of the Public -Health Service Act with respect to environmental health and facilities -support activities of the Indian Health Service, $877,504,000, to -remain available until expended: Provided, That notwithstanding any -other provision of law, funds appropriated for the planning, design, -construction, renovation or expansion of health facilities for the -benefit of an Indian tribe or tribes may be used to purchase land on -which such facilities will be located: Provided further, That not to -exceed $500,000 may be used by the Indian Health Service to purchase -TRANSAM equipment from the Department of Defense for distribution to -the Indian Health Service and tribal facilities: Provided further, -That none of the funds appropriated to the Indian Health Service may be -used for sanitation facilities construction for new homes funded with -grants by the housing programs of the United States Department of -Housing and Urban Development: Provided further, That not to exceed -$2,700,000 from this account and the ``Indian Health Services'' account -may be used by the Indian Health Service to obtain ambulances for the -Indian Health Service and tribal facilities in conjunction with an -existing interagency agreement between the Indian Health Service and -the General Services Administration: Provided further, That not to -exceed $500,000 may be placed in a Demolition Fund, to remain available -until expended, and be used by the Indian Health Service for the -demolition of Federal buildings. - - administrative provisions--indian health service - - Appropriations provided in this Act to the Indian Health Service -shall be available for services as authorized by 5 U.S.C. 3109 at rates -not to exceed the per diem rate equivalent to the maximum rate payable -for senior-level positions under 5 U.S.C. 5376; hire of passenger motor -vehicles and aircraft; purchase of medical equipment; purchase of -reprints; purchase, renovation and erection of modular buildings and -renovation of existing facilities; payments for telephone service in -private residences in the field, when authorized under regulations -approved by the Secretary of Health and Human Services; uniforms or -allowances therefor as authorized by 5 U.S.C. 5901-5902; and for -expenses of attendance at meetings that relate to the functions or -activities of the Indian Health Service: Provided, That in accordance -with the provisions of the Indian Health Care Improvement Act, non- -Indian patients may be extended health care at all tribally -administered or Indian Health Service facilities, subject to charges, -and the proceeds along with funds recovered under the Federal Medical -Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the -account of the facility providing the service and shall be available -without fiscal year limitation: Provided further, That notwithstanding -any other law or regulation, funds transferred from the Department of -Housing and Urban Development to the Indian Health Service shall be -administered under Public Law 86-121, the Indian Sanitation Facilities -Act and Public Law 93-638: Provided further, That funds appropriated -to the Indian Health Service in this Act, except those used for -administrative and program direction purposes, shall not be subject to -limitations directed at curtailing Federal travel and transportation: -Provided further, That none of the funds made available to the Indian -Health Service in this Act shall be used for any assessments or charges -by the Department of Health and Human Services unless identified in the -budget justification and provided in this Act, or approved by the House -and Senate Committees on Appropriations through the reprogramming -process: Provided further, That notwithstanding any other provision of -law, funds previously or herein made available to a tribe or tribal -organization through a contract, grant, or agreement authorized by -title I or title V of the Indian Self-Determination and Education -Assistance Act of 1975 (25 U.S.C. 5321 et seq. (title I), 5381 et seq. -(title V)), may be deobligated and reobligated to a self-determination -contract under title I, or a self-governance agreement under title V of -such Act and thereafter shall remain available to the tribe or tribal -organization without fiscal year limitation: Provided further, That -none of the funds made available to the Indian Health Service in this -Act shall be used to implement the final rule published in the Federal -Register on September 16, 1987, by the Department of Health and Human -Services, relating to the eligibility for the health care services of -the Indian Health Service until the Indian Health Service has submitted -a budget request reflecting the increased costs associated with the -proposed final rule, and such request has been included in an -appropriations Act and enacted into law: Provided further, That with -respect to functions transferred by the Indian Health Service to tribes -or tribal organizations, the Indian Health Service is authorized to -provide goods and services to those entities on a reimbursable basis, -including payments in advance with subsequent adjustment, and the -reimbursements received therefrom, along with the funds received from -those entities pursuant to the Indian Self-Determination Act, may be -credited to the same or subsequent appropriation account from which the -funds were originally derived, with such amounts to remain available -until expended: Provided further, That reimbursements for training, -technical assistance, or services provided by the Indian Health Service -will contain total costs, including direct, administrative, and -overhead costs associated with the provision of goods, services, or -technical assistance: Provided further, That the Indian Health Service -may provide to civilian medical personnel serving in hospitals operated -by the Indian Health Service housing allowances equivalent to those -that would be provided to members of the Commissioned Corps of the -United States Public Health Service serving in similar positions at -such hospitals: Provided further, That the appropriation structure for -the Indian Health Service may not be altered without advance -notification to the House and Senate Committees on Appropriations. - - National Institutes of Health - - national institute of environmental health sciences - - For necessary expenses for the National Institute of Environmental -Health Sciences in carrying out activities set forth in section 311(a) -of the Comprehensive Environmental Response, Compensation, and -Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the -Superfund Amendments and Reauthorization Act of 1986, $78,349,000. - - Agency for Toxic Substances and Disease Registry - - toxic substances and environmental public health - - For necessary expenses for the Agency for Toxic Substances and -Disease Registry (ATSDR) in carrying out activities set forth in -sections 104(i) and 111(c)(4) of the Comprehensive Environmental -Response, Compensation, and Liability Act of 1980 (CERCLA) and section -3019 of the Solid Waste Disposal Act, $74,691,000: Provided, That -notwithstanding any other provision of law, in lieu of performing a -health assessment under section 104(i)(6) of CERCLA, the Administrator -of ATSDR may conduct other appropriate health studies, evaluations, or -activities, including, without limitation, biomedical testing, clinical -evaluations, medical monitoring, and referral to accredited healthcare -providers: Provided further, That in performing any such health -assessment or health study, evaluation, or activity, the Administrator -of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of -CERCLA: Provided further, That none of the funds appropriated under -this heading shall be available for ATSDR to issue in excess of 40 -toxicological profiles pursuant to section 104(i) of CERCLA during -fiscal year 2019, and existing profiles may be updated as necessary. - - OTHER RELATED AGENCIES - - Executive Office of the President - - council on environmental quality and office of environmental quality - - For necessary expenses to continue functions assigned to the -Council on Environmental Quality and Office of Environmental Quality -pursuant to the National Environmental Policy Act of 1969, the -Environmental Quality Improvement Act of 1970, and Reorganization Plan -No. 1 of 1977, and not to exceed $750 for official reception and -representation expenses, $3,005,000: Provided, That notwithstanding -section 202 of the National Environmental Policy Act of 1970, the -Council shall consist of one member, appointed by the President, by and -with the advice and consent of the Senate, serving as chairman and -exercising all powers, functions, and duties of the Council. - - Chemical Safety and Hazard Investigation Board - - salaries and expenses - - For necessary expenses in carrying out activities pursuant to -section 112(r)(6) of the Clean Air Act, including hire of passenger -vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. -5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates -for individuals not to exceed the per diem equivalent to the maximum -rate payable for senior level positions under 5 U.S.C. 5376, -$11,000,000: Provided, That the Chemical Safety and Hazard -Investigation Board (Board) shall have not more than three career -Senior Executive Service positions: Provided further, That -notwithstanding any other provision of law, the individual appointed to -the position of Inspector General of the Environmental Protection -Agency (EPA) shall, by virtue of such appointment, also hold the -position of Inspector General of the Board: Provided further, That -notwithstanding any other provision of law, the Inspector General of -the Board shall utilize personnel of the Office of Inspector General of -EPA in performing the duties of the Inspector General of the Board, and -shall not appoint any individuals to positions within the Board. - - Office of Navajo and Hopi Indian Relocation - - salaries and expenses - - For necessary expenses of the Office of Navajo and Hopi Indian -Relocation as authorized by Public Law 93-531, $7,400,000, to remain -available until expended: Provided, That funds provided in this or any -other appropriations Act are to be used to relocate eligible -individuals and groups including evictees from District 6, Hopi- -partitioned lands residents, those in significantly substandard -housing, and all others certified as eligible and not included in the -preceding categories: Provided further, That none of the funds -contained in this or any other Act may be used by the Office of Navajo -and Hopi Indian Relocation to evict any single Navajo or Navajo family -who, as of November 30, 1985, was physically domiciled on the lands -partitioned to the Hopi Tribe unless a new or replacement home is -provided for such household: Provided further, That no relocatee will -be provided with more than one new or replacement home: Provided -further, That the Office shall relocate any certified eligible -relocatees who have selected and received an approved homesite on the -Navajo reservation or selected a replacement residence off the Navajo -reservation or on the land acquired pursuant to section 11 of Public -Law 93-531 (88 Stat. 1716). - - Institute of American Indian and Alaska Native Culture and Arts - Development - - payment to the institute - - For payment to the Institute of American Indian and Alaska Native -Culture and Arts Development, as authorized by part A of title XV of -Public Law 99-498 (20 U.S.C. 4411 et seq.), $9,960,000, which shall -become available on July 1, 2019, and shall remain available until -September 30, 2020. - - Smithsonian Institution - - salaries and expenses - - For necessary expenses of the Smithsonian Institution, as -authorized by law, including research in the fields of art, science, -and history; development, preservation, and documentation of the -National Collections; presentation of public exhibits and performances; -collection, preparation, dissemination, and exchange of information and -publications; conduct of education, training, and museum assistance -programs; maintenance, alteration, operation, lease agreements of no -more than 30 years, and protection of buildings, facilities, and -approaches; not to exceed $100,000 for services as authorized by 5 -U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for -employees, $739,894,000, to remain available until September 30, 2020, -except as otherwise provided herein; of which not to exceed $6,917,000 -for the instrumentation program, collections acquisition, exhibition -reinstallation, and the repatriation of skeletal remains program shall -remain available until expended; and including such funds as may be -necessary to support American overseas research centers: Provided, -That funds appropriated herein are available for advance payments to -independent contractors performing research services or participating -in official Smithsonian presentations. - - facilities capital - - For necessary expenses of repair, revitalization, and alteration of -facilities owned or occupied by the Smithsonian Institution, by -contract or otherwise, as authorized by section 2 of the Act of August -22, 1949 (63 Stat. 623), and for construction, including necessary -personnel, $303,503,000, to remain available until expended, of which -not to exceed $10,000 shall be for services as authorized by 5 U.S.C. -3109. - - National Gallery of Art - - salaries and expenses - - For the upkeep and operations of the National Gallery of Art, the -protection and care of the works of art therein, and administrative -expenses incident thereto, as authorized by the Act of March 24, 1937 -(50 Stat. 51), as amended by the public resolution of April 13, 1939 -(Public Resolution 9, Seventy-sixth Congress), including services as -authorized by 5 U.S.C. 3109; payment in advance when authorized by the -treasurer of the Gallery for membership in library, museum, and art -associations or societies whose publications or services are available -to members only, or to members at a price lower than to the general -public; purchase, repair, and cleaning of uniforms for guards, and -uniforms, or allowances therefor, for other employees as authorized by -law (5 U.S.C. 5901-5902); purchase or rental of devices and services -for protecting buildings and contents thereof, and maintenance, -alteration, improvement, and repair of buildings, approaches, and -grounds; and purchase of services for restoration and repair of works -of art for the National Gallery of Art by contracts made, without -advertising, with individuals, firms, or organizations at such rates or -prices and under such terms and conditions as the Gallery may deem -proper, $144,202,000, to remain available until September 30, 2020, of -which not to exceed $3,620,000 for the special exhibition program shall -remain available until expended. - - repair, restoration and renovation of buildings - - For necessary expenses of repair, restoration and renovation of -buildings, grounds and facilities owned or occupied by the National -Gallery of Art, by contract or otherwise, for operating lease -agreements of no more than 10 years, with no extensions or renewals -beyond the 10 years, that address space needs created by the ongoing -renovations in the Master Facilities Plan, as authorized, $23,000,000, -to remain available until expended: Provided, That contracts awarded -for environmental systems, protection systems, and exterior repair or -renovation of buildings of the National Gallery of Art may be -negotiated with selected contractors and awarded on the basis of -contractor qualifications as well as price. - - John F. Kennedy Center for the Performing Arts - - operations and maintenance - - For necessary expenses for the operation, maintenance and security -of the John F. Kennedy Center for the Performing Arts, $24,490,000. - - capital repair and restoration - - For necessary expenses for capital repair and restoration of the -existing features of the building and site of the John F. Kennedy -Center for the Performing Arts, $16,800,000, to remain available until -expended. - - Woodrow Wilson International Center for Scholars - - salaries and expenses - - For expenses necessary in carrying out the provisions of the -Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of -passenger vehicles and services as authorized by 5 U.S.C. 3109, -$12,000,000, to remain available until September 30, 2020. - - National Foundation on the Arts and the Humanities - - National Endowment for the Arts - - grants and administration - - For necessary expenses to carry out the National Foundation on the -Arts and the Humanities Act of 1965, $155,000,000 shall be available to -the National Endowment for the Arts for the support of projects and -productions in the arts, including arts education and public outreach -activities, through assistance to organizations and individuals -pursuant to section 5 of the Act, for program support, and for -administering the functions of the Act, to remain available until -expended. - - National Endowment for the Humanities - - grants and administration - - For necessary expenses to carry out the National Foundation on the -Arts and the Humanities Act of 1965, $155,000,000 to remain available -until expended, of which $143,700,000 shall be available for support of -activities in the humanities, pursuant to section 7(c) of the Act and -for administering the functions of the Act; and $11,300,000 shall be -available to carry out the matching grants program pursuant to section -10(a)(2) of the Act, including $9,100,000 for the purposes of section -7(h): Provided, That appropriations for carrying out section 10(a)(2) -shall be available for obligation only in such amounts as may be equal -to the total amounts of gifts, bequests, devises of money, and other -property accepted by the chairman or by grantees of the National -Endowment for the Humanities under the provisions of sections -11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal -years for which equal amounts have not previously been appropriated. - - Administrative Provisions - - None of the funds appropriated to the National Foundation on the -Arts and the Humanities may be used to process any grant or contract -documents which do not include the text of 18 U.S.C. 1913: Provided, -That none of the funds appropriated to the National Foundation on the -Arts and the Humanities may be used for official reception and -representation expenses: Provided further, That funds from -nonappropriated sources may be used as necessary for official reception -and representation expenses: Provided further, That the Chairperson of -the National Endowment for the Arts may approve grants of up to -$10,000, if in the aggregate the amount of such grants does not exceed -5 percent of the sums appropriated for grantmaking purposes per year: -Provided further, That such small grant actions are taken pursuant to -the terms of an expressed and direct delegation of authority from the -National Council on the Arts to the Chairperson. - - Commission of Fine Arts - - salaries and expenses - - For expenses of the Commission of Fine Arts under chapter 91 of -title 40, United States Code, $2,771,000: Provided, That the -Commission is authorized to charge fees to cover the full costs of its -publications, and such fees shall be credited to this account as an -offsetting collection, to remain available until expended without -further appropriation: Provided further, That the Commission is -authorized to accept gifts, including objects, papers, artwork, -drawings and artifacts, that pertain to the history and design of the -Nation's Capital or the history and activities of the Commission of -Fine Arts, for the purpose of artistic display, study, or education: -Provided further, That one-tenth of one percent of the funds provided -under this heading may be used for official reception and -representation expenses. - - national capital arts and cultural affairs - - For necessary expenses as authorized by Public Law 99-190 (20 -U.S.C. 956a), $2,750,000. - - Advisory Council on Historic Preservation + Small Business Administration salaries and expenses - For necessary expenses of the Advisory Council on Historic -Preservation (Public Law 89-665), $6,440,000. + For an additional amount for ``Salaries and Expenses'', +$2,100,000,000, to remain available until September 30, 2021, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + disaster loans program account + + For an additional amount for ``Disaster Loans Program Account'' for +the cost of direct loans authorized by section 7(b) of the Small +Business Act, $50,000,000,000, to remain available until expended, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + emergency eidl grants + + For an additional amount for ``Emergency EIDL Grants'' for the cost +of emergency EIDL grants authorized by section 1110 of division A of +the CARES Act (Public Law 116-136), $10,000,000,000, to remain +available until expended, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. - National Capital Planning Commission - - salaries and expenses - - For necessary expenses of the National Capital Planning Commission -under chapter 87 of title 40, United States Code, including services as -authorized by 5 U.S.C. 3109, $7,948,000: Provided, That one-quarter of -1 percent of the funds provided under this heading may be used for -official reception and representational expenses associated with -hosting international visitors engaged in the planning and physical -development of world capitals. - - United States Holocaust Memorial Museum - - holocaust memorial museum - - For expenses of the Holocaust Memorial Museum, as authorized by -Public Law 106-292 (36 U.S.C. 2301-2310), $59,500,000, of which -$1,715,000 shall remain available until September 30, 2021, for the -Museum's equipment replacement program; and of which $4,000,000 for the -Museum's repair and rehabilitation program and $1,500,000 for the -Museum's outreach initiatives program shall remain available until -expended. - - Dwight d. Eisenhower Memorial Commission - - salaries and expenses - - For necessary expenses of the Dwight D. Eisenhower Memorial -Commission, $1,800,000, to remain available until expended. - - women's suffrage centennial commission - - For necessary expenses for the Women's Suffrage Centennial -Commission, as authorized by the Women's Suffrage Centennial Commission -Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000, -to remain available until expended. - - world war i centennial commission - - salaries and expenses - - Notwithstanding section 9 of the World War I Centennial Commission -Act, as authorized by the World War I Centennial Commission Act (Public -Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National -Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), -for necessary expenses of the World War I Centennial Commission, -$7,000,000, to remain available until expended: Provided, That in -addition to the authority provided by section 6(g) of such Act, the -World War I Commission may accept money, in-kind personnel services, -contractual support, or any appropriate support from any executive -branch agency for activities of the Commission. - - TITLE IV - - GENERAL PROVISIONS - - (including transfers of funds) - - restriction on use of funds - - Sec. 401. No part of any appropriation contained in this Act shall -be available for any activity or the publication or distribution of -literature that in any way tends to promote public support or -opposition to any legislative proposal on which Congressional action is -not complete other than to communicate to Members of Congress as -described in 18 U.S.C. 1913. + TITLE III - obligation of appropriations + GENERAL PROVISIONS--THIS ACT - Sec. 402. No part of any appropriation contained in this Act shall + Sec. 301. Each amount appropriated or made available by this Act +is in addition to amounts otherwise appropriated for the fiscal year +involved. + Sec. 302. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. - - disclosure of administrative expenses - - Sec. 403. The amount and basis of estimated overhead charges, -deductions, reserves or holdbacks, including working capital fund and -cost pool charges, from programs, projects, activities and -subactivities to support government-wide, departmental, agency, or -bureau administrative functions or headquarters, regional, or central -operations shall be presented in annual budget justifications and -subject to approval by the Committees on Appropriations of the House of -Representatives and the Senate. Changes to such estimates shall be -presented to the Committees on Appropriations for approval. - - mining applications - - Sec. 404. (a) Limitation of Funds.--None of the funds appropriated -or otherwise made available pursuant to this Act shall be obligated or -expended to accept or process applications for a patent for any mining -or mill site claim located under the general mining laws. - (b) Exceptions.--Subsection (a) shall not apply if the Secretary of -the Interior determines that, for the claim concerned (1) a patent -application was filed with the Secretary on or before September 30, -1994; and (2) all requirements established under sections 2325 and 2326 -of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, -sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. -35, 36, and 37) for placer claims, and section 2337 of the Revised -Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were -fully complied with by the applicant by that date. - (c) Report.--On September 30, 2020, the Secretary of the Interior -shall file with the House and Senate Committees on Appropriations and -the Committee on Natural Resources of the House and the Committee on -Energy and Natural Resources of the Senate a report on actions taken by -the Department under the plan submitted pursuant to section 314(c) of -the Department of the Interior and Related Agencies Appropriations Act, -1997 (Public Law 104-208). - (d) Mineral Examinations.--In order to process patent applications -in a timely and responsible manner, upon the request of a patent -applicant, the Secretary of the Interior shall allow the applicant to -fund a qualified third-party contractor to be selected by the Director -of the Bureau of Land Management to conduct a mineral examination of -the mining claims or mill sites contained in a patent application as -set forth in subsection (b). The Bureau of Land Management shall have -the sole responsibility to choose and pay the third-party contractor in -accordance with the standard procedures employed by the Bureau of Land -Management in the retention of third-party contractors. - - contract support costs, prior year limitation - - Sec. 405. Sections 405 and 406 of division F of the Consolidated -and Further Continuing Appropriations Act, 2015 (Public Law 113-235) -shall continue in effect in fiscal year 2019. - - contract support costs, fiscal year 2019 limitation - - Sec. 406. Amounts provided by this Act for fiscal year 2019 under -the headings ``Department of Health and Human Services, Indian Health -Service, Contract Support Costs'' and ``Department of the Interior, -Bureau of Indian Affairs and Bureau of Indian Education, Contract -Support Costs'' are the only amounts available for contract support -costs arising out of self-determination or self-governance contracts, -grants, compacts, or annual funding agreements for fiscal year 2019 -with the Bureau of Indian Affairs or the Indian Health Service: -Provided, That such amounts provided by this Act are not available for -payment of claims for contract support costs for prior years, or for -repayments of payments for settlements or judgments awarding contract -support costs for prior years. - - forest management plans - - Sec. 407. The Secretary of Agriculture shall not be considered to -be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland -Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) -solely because more than 15 years have passed without revision of the -plan for a unit of the National Forest System. Nothing in this section -exempts the Secretary from any other requirement of the Forest and -Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or -any other law: Provided, That if the Secretary is not acting -expeditiously and in good faith, within the funding available, to -revise a plan for a unit of the National Forest System, this section -shall be void with respect to such plan and a court of proper -jurisdiction may order completion of the plan on an accelerated basis. - - prohibition within national monuments - - Sec. 408. No funds provided in this Act may be expended to conduct -preleasing, leasing and related activities under either the Mineral -Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf -Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National -Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 -et seq.) as such boundary existed on January 20, 2001, except where -such activities are allowed under the Presidential proclamation -establishing such monument. - - limitation on takings - - Sec. 409. Unless otherwise provided herein, no funds appropriated -in this Act for the acquisition of lands or interests in lands may be -expended for the filing of declarations of taking or complaints in -condemnation without the approval of the House and Senate Committees on -Appropriations: Provided, That this provision shall not apply to funds -appropriated to implement the Everglades National Park Protection and -Expansion Act of 1989, or to funds appropriated for Federal assistance -to the State of Florida to acquire lands for Everglades restoration -purposes. - - timber sale requirements - - Sec. 410. No timber sale in Alaska's Region 10 shall be advertised -if the indicated rate is deficit (defined as the value of the timber is -not sufficient to cover all logging and stumpage costs and provide a -normal profit and risk allowance under the Forest Service's appraisal -process) when appraised using a residual value appraisal. The western -red cedar timber from those sales which is surplus to the needs of the -domestic processors in Alaska, shall be made available to domestic -processors in the contiguous 48 United States at prevailing domestic -prices. All additional western red cedar volume not sold to Alaska or -contiguous 48 United States domestic processors may be exported to -foreign markets at the election of the timber sale holder. All Alaska -yellow cedar may be sold at prevailing export prices at the election of -the timber sale holder. - - prohibition on no-bid contracts - - Sec. 411. None of the funds appropriated or otherwise made -available by this Act to executive branch agencies may be used to enter -into any Federal contract unless such contract is entered into in -accordance with the requirements of Chapter 33 of title 41, United -States Code, or Chapter 137 of title 10, United States Code, and the -Federal Acquisition Regulation, unless-- - (1) Federal law specifically authorizes a contract to be - entered into without regard for these requirements, including - formula grants for States, or federally recognized Indian - tribes; or - (2) such contract is authorized by the Indian Self- - Determination and Education Assistance Act (Public Law 93-638, - 25 U.S.C. 450 et seq.) or by any other Federal laws that - specifically authorize a contract within an Indian tribe as - defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or - (3) such contract was awarded prior to the date of - enactment of this Act. - - posting of reports - - Sec. 412. (a) Any agency receiving funds made available in this -Act, shall, subject to subsections (b) and (c), post on the public -website of that agency any report required to be submitted by the -Congress in this or any other Act, upon the determination by the head -of the agency that it shall serve the national interest. - (b) Subsection (a) shall not apply to a report if-- - (1) the public posting of the report compromises national - security; or - (2) the report contains proprietary information. - (c) The head of the agency posting such report shall do so only -after such report has been made available to the requesting Committee -or Committees of Congress for no less than 45 days. - - national endowment for the arts grant guidelines - - Sec. 413. Of the funds provided to the National Endowment for the -Arts-- - (1) The Chairperson shall only award a grant to an - individual if such grant is awarded to such individual for a - literature fellowship, National Heritage Fellowship, or - American Jazz Masters Fellowship. - (2) The Chairperson shall establish procedures to ensure - that no funding provided through a grant, except a grant made - to a State or local arts agency, or regional group, may be used - to make a grant to any other organization or individual to - conduct activity independent of the direct grant recipient. - Nothing in this subsection shall prohibit payments made in - exchange for goods and services. - (3) No grant shall be used for seasonal support to a group, - unless the application is specific to the contents of the - season, including identified programs or projects. - - national endowment for the arts program priorities - - Sec. 414. (a) In providing services or awarding financial -assistance under the National Foundation on the Arts and the Humanities -Act of 1965 from funds appropriated under this Act, the Chairperson of -the National Endowment for the Arts shall ensure that priority is given -to providing services or awarding financial assistance for projects, -productions, workshops, or programs that serve underserved populations. - (b) In this section: - (1) The term ``underserved population'' means a population - of individuals, including urban minorities, who have - historically been outside the purview of arts and humanities - programs due to factors such as a high incidence of income - below the poverty line or to geographic isolation. - (2) The term ``poverty line'' means the poverty line (as - defined by the Office of Management and Budget, and revised - annually in accordance with section 673(2) of the Community - Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a - family of the size involved. - (c) In providing services and awarding financial assistance under -the National Foundation on the Arts and Humanities Act of 1965 with -funds appropriated by this Act, the Chairperson of the National -Endowment for the Arts shall ensure that priority is given to providing -services or awarding financial assistance for projects, productions, -workshops, or programs that will encourage public knowledge, education, -understanding, and appreciation of the arts. - (d) With funds appropriated by this Act to carry out section 5 of -the National Foundation on the Arts and Humanities Act of 1965-- - (1) the Chairperson shall establish a grant category for - projects, productions, workshops, or programs that are of - national impact or availability or are able to tour several - States; - (2) the Chairperson shall not make grants exceeding 15 - percent, in the aggregate, of such funds to any single State, - excluding grants made under the authority of paragraph (1); - (3) the Chairperson shall report to the Congress annually - and by State, on grants awarded by the Chairperson in each - grant category under section 5 of such Act; and - (4) the Chairperson shall encourage the use of grants to - improve and support community-based music performance and - education. - - status of balances of appropriations - - Sec. 415. The Department of the Interior, the Environmental -Protection Agency, the Forest Service, and the Indian Health Service -shall provide the Committees on Appropriations of the House of -Representatives and Senate quarterly reports on the status of balances -of appropriations including all uncommitted, committed, and unobligated -funds in each program and activity. - - prohibition on use of funds - - Sec. 416. Notwithstanding any other provision of law, none of the -funds made available in this Act or any other Act may be used to -promulgate or implement any regulation requiring the issuance of -permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for -carbon dioxide, nitrous oxide, water vapor, or methane emissions -resulting from biological processes associated with livestock -production. - - greenhouse gas reporting restrictions - - Sec. 417. Notwithstanding any other provision of law, none of the -funds made available in this or any other Act may be used to implement -any provision in a rule, if that provision requires mandatory reporting -of greenhouse gas emissions from manure management systems. - - funding prohibition - - Sec. 418. None of the funds made available by this or any other -Act may be used to regulate the lead content of ammunition, ammunition -components, or fishing tackle under the Toxic Substances Control Act -(15 U.S.C. 2601 et seq.) or any other law. - - contracting authorities - - Sec. 419. Section 412 of Division E of Public Law 112-74 is -amended by striking ``fiscal year 2019'' and inserting ``fiscal year -2020''. - - extension of grazing permits - - Sec. 420. The terms and conditions of section 325 of Public Law -108-108 (117 Stat. 1307), regarding grazing permits issued by the -Forest Service on any lands not subject to administration under section -402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), -shall remain in effect for fiscal year 2019. - - funding prohibition - - Sec. 421. (a) None of the funds made available in this Act may be -used to maintain or establish a computer network unless such network is -designed to block access to pornography websites. - (b) Nothing in subsection (a) shall limit the use of funds -necessary for any Federal, State, tribal, or local law enforcement -agency or any other entity carrying out criminal investigations, -prosecution, or adjudication activities. - - forest service facility realignment and enhancement act - - Sec. 422. Section 503(f) of the Forest Service Facility -Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public -Law 109-54) is amended by striking ``2018'' and inserting ``2019''. - - use of american iron and steel - - Sec. 423. (a)(1) None of the funds made available by a State water -pollution control revolving fund as authorized by section 1452 of the -Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project -for the construction, alteration, maintenance, or repair of a public -water system or treatment works unless all of the iron and steel -products used in the project are produced in the United States. - (2) In this section, the term ``iron and steel'' products means the -following products made primarily of iron or steel: lined or unlined -pipes and fittings, manhole covers and other municipal castings, -hydrants, tanks, flanges, pipe clamps and restraints, valves, -structural steel, reinforced precast concrete, and construction -materials. - (b) Subsection (a) shall not apply in any case or category of cases -in which the Administrator of the Environmental Protection Agency (in -this section referred to as the ``Administrator'') finds that-- - (1) applying subsection (a) would be inconsistent with the - public interest; - (2) iron and steel products are not produced in the United - States in sufficient and reasonably available quantities and of - a satisfactory quality; or - (3) inclusion of iron and steel products produced in the - United States will increase the cost of the overall project by - more than 25 percent. - (c) If the Administrator receives a request for a waiver under this -section, the Administrator shall make available to the public on an -informal basis a copy of the request and information available to the -Administrator concerning the request, and shall allow for informal -public input on the request for at least 15 days prior to making a -finding based on the request. The Administrator shall make the request -and accompanying information available by electronic means, including -on the official public Internet Web site of the Environmental -Protection Agency. - (d) This section shall be applied in a manner consistent with -United States obligations under international agreements. - (e) The Administrator may retain up to 0.25 percent of the funds -appropriated in this Act for the Clean and Drinking Water State -Revolving Funds for carrying out the provisions described in subsection -(a)(1) for management and oversight of the requirements of this -section. - - midway island - - Sec. 424. None of the funds made available by this Act may be used -to destroy any buildings or structures on Midway Island that have been -recommended by the United States Navy for inclusion in the National -Register of Historic Places (54 U.S.C. 302101). - - john f. kennedy center reauthorization - - Sec. 425. Section 13 of the John F. Kennedy Center Act (20 U.S.C. -76r) is amended by striking subsections (a) and (b) and inserting the -following: - ``(a) Maintenance, Repair, and Security.--There is authorized to be -appropriated to the Board to carry out section 4(a)(1)(H), $24,490,000 -for fiscal year 2019. - ``(b) Capital Projects.--There is authorized to be appropriated to -the Board to carry out subparagraphs (F) and (G) of section 4(a)(1), -$16,800,000 for fiscal year 2019.''. - -local cooperator training agreements and transfers of excess equipment - and supplies for wildfires - - Sec. 426. The Secretary of the Interior is authorized to enter -into grants and cooperative agreements with volunteer fire departments, -rural fire departments, rangeland fire protection associations, and -similar organizations to provide for wildland fire training and -equipment, including supplies and communication devices. -Notwithstanding 121(c) of title 40, United States Code, or section 521 -of title 40, United States Code, the Secretary is further authorized to -transfer title to excess Department of the Interior firefighting -equipment no longer needed to carry out the functions of the -Department's wildland fire management program to such organizations. - - infrastructure - - Sec. 427. (a) For an additional amount for ``Environmental -Protection Agency--Hazardous Substance Superfund'', $43,000,000, of -which $38,000,000 shall be for the Superfund Remedial program and -$5,000,000 shall be for the Superfund Emergency Response and Removal -program, to remain available until expended, consisting of such sums as -are available in the Trust Fund on September 30, 2018, as authorized by -section 517(a) of the Superfund Amendments and Reauthorization Act of -1986 (SARA) and up to $43,000,000 as a payment from general revenues to -the Hazardous Substance Superfund for purposes as authorized by section -517(b) of SARA. - (b) For an additional amount for ``Environmental Protection -Agency--State and Tribal Assistance Grants,'' for environmental -programs and infrastructure assistance, including capitalization grants -for State revolving funds and performance partnership grants, -$670,000,000 to remain available until expended, of which-- - (1) $300,000,000 shall be for making capitalization grants - for the Clean Water State Revolving Funds under title VI of the - Federal Water Pollution Control Act; and of which $300,000,000 - shall be for making capitalization grants for the Drinking - Water State Revolving Funds under section 1452 of the Safe - Drinking Water Act; - (2) $30,000,000 shall be for grants for small and - disadvantaged communities authorized in section 2104 of the - Water Infrastructure Improvements for the Nation Act (Public - Law 114-322); - (3) $25,000,000 shall be for grants for lead testing in - school and child care program drinking water authorized in - section 2107 of the Water Infrastructure Improvements for the - Nation Act (Public Law 114-322); - (4) $15,000,000 shall be for grants for reducing lead in - drinking water authorized in section 2105 of the Water - Infrastructure Improvements for the Nation Act (Public Law 114- - 322). - (c) For an additional amount for ``Environmental Protection -Agency--Water Infrastructure Finance and Innovation Program Account'', -$53,000,000, to remain available until expended, for the cost of direct -loans, for the cost of guaranteed loans, and for administrative -expenses to carry out the direct and guaranteed loan programs, of which -$3,000,000, to remain available until September 30, 2020, may be used -for such administrative expenses: Provided, That these additional -funds are available to subsidize gross obligations for the principal -amount of direct loans, including capitalized interest, and total loan -principal, including capitalized interest, any part of which is to be -guaranteed, not to exceed $6,100,000,000. - - policies relating to biomass energy - - Sec. 428. To support the key role that forests in the United -States can play in addressing the energy needs of the United States, -the Secretary of Energy, the Secretary of Agriculture, and the -Administrator of the Environmental Protection Agency shall, consistent -with their missions, jointly-- - (1) ensure that Federal policy relating to forest - bioenergy-- - (A) is consistent across all Federal departments - and agencies; and - (B) recognizes the full benefits of the use of - forest biomass for energy, conservation, and - responsible forest management; and - (2) establish clear and simple policies for the use of - forest biomass as an energy solution, including policies that-- - (A) reflect the carbon-neutrality of forest - bioenergy and recognize biomass as a renewable energy - source, provided the use of forest biomass for energy - production does not cause conversion of forests to non- - forest use; - (B) encourage private investment throughout the - forest biomass supply chain, including in-- - (i) working forests; - (ii) harvesting operations; - (iii) forest improvement operations; - (iv) forest bioenergy production; - (v) wood products manufacturing; or - (vi) paper manufacturing; - (C) encourage forest management to improve forest - health; and - (D) recognize State initiatives to produce and use - forest biomass. - - clarification of exemptions - - Sec. 429. None of the funds made available in this Act may be used -to require a permit for the discharge of dredged or fill material under -the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for -the activities identified in subparagraphs (A) and (C) of section -404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). - - small remote incinerators - - Sec. 430. None of the funds made available in this Act may be used -to implement or enforce the regulation issued on March 21, 2011 at 40 -CFR part 60 subparts CCCC and DDDD with respect to units in the State -of Alaska that are defined as ``small, remote incinerator'' units in -those regulations and, until a subsequent regulation is issued, the -Administrator shall implement the law and regulations in effect prior -to such date. - - recreation fees - - Sec. 431. Section 810 of the Federal Lands Recreation Enhancement -Act (16 U.S.C. 6809) shall be applied by substituting ``October 1, -2020'' for ``September 30, 2019''. - Sec. 432. (a) None of the funds appropriated or otherwise made -available under this Act may be used by the Department of the Interior, -the Environmental Protection Agency, the Forest Service, the Indian -Health Service, or the Smithsonian Institution to acquire -telecommunications equipment produced by Huawei Technologies Company, -ZTE Corporation or a high-impact or moderate-impact information system, -as defined for security categorization in the National Institute of -Standards and Technology's (NIST) Federal Information Processing -Standard Publication 199, ``Standards for Security Categorization of -Federal Information and Information Systems'' unless the agency has-- - (1) reviewed the supply chain risk for the information - systems against criteria developed by NIST to inform - acquisition decisions for high-impact and moderate-impact - information systems within the Federal Government; - (2) reviewed the supply chain risk from the presumptive - awardee against available and relevant threat information - provided by the Federal Bureau of Investigation and other - appropriate agencies; and - (3) in consultation with the Federal Bureau of - Investigation or other appropriate Federal entity, conducted an - assessment of any risk of cyber-espionage or sabotage - associated with the acquisition of such system, including any - risk associated with such system being produced, manufactured, - or assembled by one or more entities identified by the United - States Government as posing a cyber threat, including but not - limited to, those that may be owned, directed, or subsidized by - the People's Republic of China, the Islamic Republic of Iran, - the Democratic People's Republic of Korea, or the Russian - Federation. - (b) None of the funds appropriated or otherwise made available -under this Act may be used to acquire a high-impact or moderate impact -information system reviewed and assessed under subsection (a) unless -the head of the assessing entity described in subsection (a) has-- - (1) developed, in consultation with NIST and supply chain - risk management experts, a mitigation strategy for any - identified risks; - (2) determined, in consultation with NIST and the Federal - Bureau of Investigation, that the acquisition of such system is - in the vital national security interest of the United States; - and - (3) reported that determination to the Committees on - Appropriations of the House of Representatives and the Senate - in a manner that identifies the system intended for acquisition - and a detailed description of the mitigation strategies - identified in (1), provided that such report may include a - classified annex as necessary. - Sec. 433. Within available funds, not later than 180 days after -the date of enactment of this Act, the Comptroller General of the -United States shall issue a report on efforts by the Department of -Housing and Urban Development and the Environmental Protection Agency -relating to the removal of lead-based paint and other hazardous -materials, which shall include-- - (1) a description of direct removal efforts by the - Department of Housing and Urban Development and the - Environmental Protection Agency; - (2) a description of education provided by the Department - of Housing and Urban Development and the Environmental - Protection Agency to other Federal agencies, local governments - and communities, recipients of grants made by either entity, - and the general public relating to the removal of lead-based - paint and other hazardous materials; - (3) a description of assistance received from other Federal - agencies relating to the removal of lead-based paint and other - hazardous materials; and - (4) any best practices developed or provided by the - Department of Housing and Urban Development and the - Environmental Protection Agency relating to the removal of - lead-based paint and other hazardous materials. - Sec. 434. (a) Within available funds for the National Forest -System, the Secretary of Agriculture shall conduct an inventory and -evaluation of certain land, as generally depicted on the map entitled -``Flatside Wilderness Adjacent Inventory Areas'' and dated November 30, -2017, to determine the suitability of that land for inclusion in the -National Wilderness Preservation System. - (b) The Chief of the Forest Service shall submit to the Committees -on Agriculture, Nutrition, and Forestry, Appropriations, and Energy and -Natural Resources of the Senate the results of the inventory and -evaluation required under subsection (a). - - addressing pediatric cancer rates in the united states - - Sec. 435. (a) Report Identifying Geographic Variation of Types of -Pediatric Cancer.--Using funds appropriated under the heading ``Toxic -Substances and Environmental Health'' for the Agency for Toxic -Substances and Disease Registry, the Secretary of Health and Human -Services, not later than 180 days after the date of enactment of this -Act, shall submit to the Committee on Health, Education, Labor, and -Pensions of the Senate, the Committee on Appropriations of the Senate, -the Committee on Energy and Commerce of the House of Representatives, -and the Committee on Appropriations of the House of Representatives, a -report that provides details on the geographic variation in pediatric -cancer incidence in the United States, including-- - (1) the types of pediatric cancer within each of the 10 - States with the highest age-adjusted incidence rate of cancer - among persons aged 20 years or younger; - (2) geographic concentrations of types and prevalence of - pediatric cancers within each such State, in accordance with - Centers for Disease Control and Prevention guidelines; and - (3) an update on current activities related to pediatric - cancer, including with respect to carrying out section 399V-6 - of the Public Health Service Act (42 U.S.C. 280g-17). - (b) Support for States With High Incidence of Pediatric Cancer.-- -Using funds appropriated under the heading ``Toxic Substances and -Environmental Public Health'' for the Agency for Toxic Substances and -Disease Registry, the Secretary of Health and Human Services may -conduct public outreach, in collaboration with State departments of -health, particularly in the 10 States with the highest age-adjusted -incidence rate of cancer among persons aged 20 years or younger, to -improve awareness by residents, clinicians, and others, as appropriate, -of possible contributing factors to pediatric cancer, including -environmental exposures, in a manner that is complementary of, and does -not conflict with, ongoing pediatric cancer-related activities -supported by the Department of Health and Human Services. - (c) Privacy.--The Secretary of Health and Human Services shall -ensure that all information with respect to patients that is contained -in the reports under this section is de-identified and protects -personal privacy of such patients in accordance with applicable Federal -and State privacy law. - - explanatory statement - - Sec. 436. The explanatory statement regarding division A of H.R. -21, printed in the Congressional Record on January 3, 2019, and -submitted by the Chair of the Committee on Appropriations, shall have -the same effect with respect to allocation of funds and implementation -of this Act as if it were a joint explanatory statement of a committee -of conference. - - compensation for federal employees furloughed during a government - shutdown - - Sec. 437. (a) Employees furloughed as a result of any lapse in -appropriations beginning on or about December 22, 2018 and ending on -the date of enactment of this Act shall be compensated at their -standard rate of compensation, for the period of such lapse in -appropriations, as soon as practicable after such lapse in -appropriations ends. - (b) For purposes of this section, ``employees'' means any Federal -employees whose salaries and expenses are provided in this Act. - (c) All obligations incurred in anticipation of the appropriations -made and authority granted by this Act for the purposes of maintaining -the essential level of activity to protect life and property and -bringing about orderly termination of Government functions, and for -purposes as otherwise authorized by law, are hereby ratified and -approved if otherwise in accord with the provisions of this Act. - -states, territories, possessions and other federal grantees impacted by - a government shutdown - - Sec. 438. (a) If a State (or another Federal grantee) used State -funds (or the grantee's non-Federal funds) to continue carrying out a -Federal program or furloughed State employees (or the grantee's -employees) whose compensation is advanced or reimbursed in whole or in -part by the Federal Government-- - (1) such furloughed employees shall be compensated at their - standard rate of compensation for such period; - (2) the State (or such other grantee) shall be reimbursed - for expenses that would have been paid by the Federal - Government during such period had appropriations been - available, including the cost of compensating such furloughed - employees, together with interest thereon calculated under - section 6503(d) of title 31, United States Code; and - (3) the State (or such other grantee) may use funds - available to the State (or the grantee) under such Federal - program to reimburse such State (or the grantee), together with - interest thereon calculated under section 6503(d) of title 31, - United States Code. - (b) For purposes of this section, the term ``State'' and the term -``grantee,'' including United States territories and possessions, shall -have the meaning given such terms under the applicable Federal program -under subsection (a). In addition, ``to continue carrying out a Federal -program'' means the continued performance by a State or other Federal -grantee, during the period of a lapse in appropriations, of a Federal -program that the State or such other grantee had been carrying out -prior to the period of the lapse in appropriations. - (c) The authority under this section applies with respect to any -period in fiscal year 2019 (not limited to periods beginning or ending -after the date of the enactment of this Act) during which there occurs -a lapse in appropriations with respect to any department or agency of -the Federal Government receiving funding in this Act which, but for -such lapse in appropriations, would have paid, or made reimbursement -relating to, any of the expenses referred to in this section with -respect to the program involved. Payments and reimbursements under this -authority shall be made only to the extent and in amounts provided in -advance in appropriations Acts. - This Act may be cited as the ``Department of the Interior, -Environment, and Related Agencies Appropriations Act, 2019''. - - Passed the House of Representatives January 11, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 266 - -_______________________________________________________________________ - - AN ACT - -Making appropriations for the Department of the Interior, environment, -and related agencies for the fiscal year ending September 30, 2019, and - for other purposes. + Sec. 303. Unless otherwise provided for by this Act, the +additional amounts appropriated by this Act to appropriations accounts +shall be available under the authorities and conditions applicable to +such appropriations accounts for fiscal year 2020. + Sec. 304. Notwithstanding any other provision of law, funds made +available in this Act, or transferred pursuant to authorization granted +in this Act, may only be used to prevent, prepare for, and respond to +coronavirus. + Sec. 305. In this Act, the term ``coronavirus'' means SARS-CoV-2 +or another coronavirus with pandemic potential. + Sec. 306. Each amount designated in this Act by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985 shall +be available (or rescinded or transferred, if applicable) only if the +President subsequently so designates all such amounts and transmits +such designations to the Congress. + Sec. 307. Any amount appropriated by this Act, designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985 and subsequently so designated by the President, and +transferred pursuant to transfer authorities provided by this Act shall +retain such designation. + + budgetary effects + + Sec. 308. (a) Statutory PAYGO Scorecards.--The budgetary effects of +this division shall not be entered on either PAYGO scorecard maintained +pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of this +division shall not be entered on any PAYGO scorecard maintained for +purposes of section 4106 of H. Con. Res. 71 (115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and +Emergency Deficit Control Act of 1985, the budgetary effects of this +division shall be estimated for purposes of section 251 of such Act. + This division may be cited as the ``Additional Emergency +Appropriations for Coronavirus Response''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From aed9a1ebf0c13f4a1db3e400b03fb824f371e9cc Mon Sep 17 00:00:00 2001 From: "Rep. Titus, Dina [D-NV-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 017/984] House-276: Introduced to House --- bills_text/House-276.txt | 139 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 139 insertions(+) create mode 100644 bills_text/House-276.txt diff --git a/bills_text/House-276.txt b/bills_text/House-276.txt new file mode 100644 index 0000000..837aedc --- /dev/null +++ b/bills_text/House-276.txt @@ -0,0 +1,139 @@ +116th CONGRESS + 1st Session + H. R. 276 + + To direct the Secretary of Education to establish the Recognizing +Inspiring School Employees (RISE) Award Program recognizing excellence +exhibited by classified school employees providing services to students + in prekindergarten through high school. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 8, 2019 + + Ms. Titus (for herself, Mr. Lowenthal, Mr. McNerney, Ms. Jackson Lee, +Ms. Brownley of California, Ms. McCollum, Mr. Fitzpatrick, Mr. Khanna, + Ms. Norton, Mr. Larsen of Washington, Mr. Garamendi, Mr. Thompson of + Pennsylvania, Mr. Diaz-Balart, Mr. Schiff, Ms. Roybal-Allard, Mr. +McGovern, Mr. DeSaulnier, Mr. Yarmuth, Mr. Swalwell of California, Mrs. + Lee of Nevada, and Mr. Carbajal) introduced the following bill; which + was referred to the Committee on Education and Labor + +_______________________________________________________________________ + + A BILL + + + + To direct the Secretary of Education to establish the Recognizing +Inspiring School Employees (RISE) Award Program recognizing excellence +exhibited by classified school employees providing services to students + in prekindergarten through high school. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Recognizing Achievement in +Classified School Employees Act''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Classified school employees provide valuable service in + the United States. + (2) Classified school employees provide essential services, + such as transportation, facilities maintenance and operations, + food service, safety, and health care. + (3) Classified school employees play a vital role in + providing for the welfare and safety of students. + (4) Classified school employees strive for excellence in + all areas of service to the education community. + (5) Exemplary classified school employees should be + recognized for their outstanding contributions to quality + education in the United States. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Classified school employee.--The term ``classified + school employee'' means an employee of a State or of any + political subdivision of a State, or an employee of a nonprofit + entity, who works in any grade from prekindergarten through + high school in any of the following occupational specialties: + (A) Paraprofessional, including paraeducator + services. + (B) Clerical and administrative services. + (C) Transportation services. + (D) Food and nutrition services. + (E) Custodial and maintenance services. + (F) Security services. + (G) Health and student services. + (H) Technical services. + (I) Skilled trades. + (2) Other definitions.--The terms used in this Act have the + meanings given the terms in section 8101 of the Elementary and + Secondary Education Act of 1965 (20 U.S.C. 7801). + +SEC. 4. RECOGNITION PROGRAM ESTABLISHED. + + (a) In General.--The Secretary of Education shall establish a +national recognition program to be known as the ``Recognizing Inspiring +School Employees Award Program'' or the ``award program''. The purpose +of the award program shall be to recognize and promote the commitment +and excellence exhibited by classified school employees who provide +exemplary service to students in prekindergarten through high school. + (b) Award.-- + (1) In general.--Prior to May 31 of each year (beginning + with the second calendar year that begins after the date of the + enactment of this Act), the Secretary shall select a classified + school employee to receive the Recognizing Inspiring School + Employees Award for the year. + (2) Non-monetary value.--The award and recognition provided + under this Act shall have no monetary value. + (c) Selection Process.-- + (1) Nomination process.-- + (A) In general.--Not later than November 1 of each + year (beginning with the first calendar year that + begins after the date of the enactment of this Act), + the Secretary shall solicit nominations of classified + school employees from the occupational specialties + described in section 3(1) from the Governor of each + State. + (B) Nomination submissions.--In order for + individuals in a State to be eligible to receive + recognition under this section, the Governor of the + State shall consider nominations submitted by the + following: + (i) Local educational agencies. + (ii) School administrators. + (iii) Professional associations. + (iv) Labor organizations. + (v) Educational service agencies. + (vi) Nonprofit entities. + (vii) Parents and students. + (viii) Any other group determined + appropriate by the Secretary. + (2) Demonstration.--Each Governor of a State who desires + individuals in the State to receive recognition under this + section shall submit the nominations described in paragraph (1) + to the Secretary in such manner as may be required by the + Secretary. Each such nomination shall contain, at a minimum, + demonstrations of excellence in the following areas: + (A) Work performance. + (B) School and community involvement. + (C) Leadership and commitment. + (D) Local support. + (E) Enhancement of classified school employees' + image in the community and schools. + (3) Selection.--The Secretary shall develop uniform + national guidelines for evaluating nominations submitted under + paragraph (2) in order to select the most deserving nominees + based on the demonstrations made in the areas described in such + paragraph. + \ No newline at end of file From 25150ee3f3f6b2e0d4602bb6ddb1be06c28eb629 Mon Sep 17 00:00:00 2001 From: "Rep. Titus, Dina [D-NV-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 018/984] House-276: Engrossed in House --- bills_text/House-276.txt | 44 +++++++++++++++++++--------------------- 1 file changed, 21 insertions(+), 23 deletions(-) diff --git a/bills_text/House-276.txt b/bills_text/House-276.txt index 837aedc..91d5b4e 100644 --- a/bills_text/House-276.txt +++ b/bills_text/House-276.txt @@ -2,30 +2,9 @@ 1st Session H. R. 276 - To direct the Secretary of Education to establish the Recognizing -Inspiring School Employees (RISE) Award Program recognizing excellence -exhibited by classified school employees providing services to students - in prekindergarten through high school. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 8, 2019 - - Ms. Titus (for herself, Mr. Lowenthal, Mr. McNerney, Ms. Jackson Lee, -Ms. Brownley of California, Ms. McCollum, Mr. Fitzpatrick, Mr. Khanna, - Ms. Norton, Mr. Larsen of Washington, Mr. Garamendi, Mr. Thompson of - Pennsylvania, Mr. Diaz-Balart, Mr. Schiff, Ms. Roybal-Allard, Mr. -McGovern, Mr. DeSaulnier, Mr. Yarmuth, Mr. Swalwell of California, Mrs. - Lee of Nevada, and Mr. Carbajal) introduced the following bill; which - was referred to the Committee on Education and Labor - _______________________________________________________________________ - A BILL + AN ACT @@ -136,4 +115,23 @@ exemplary service to students in prekindergarten through high school. paragraph (2) in order to select the most deserving nominees based on the demonstrations made in the areas described in such paragraph. - \ No newline at end of file + + Passed the House of Representatives February 25, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 276 + +_______________________________________________________________________ + + AN ACT + + To direct the Secretary of Education to establish the Recognizing +Inspiring School Employees (RISE) Award Program recognizing excellence +exhibited by classified school employees providing services to students + in prekindergarten through high school. From c72708ba1fd06d05ca0dc1e21fabe10ba934bfe2 Mon Sep 17 00:00:00 2001 From: "Rep. Titus, Dina [D-NV-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 019/984] House-276: Enrolled --- bills_text/House-276.txt | 204 ++++++++++++++++++--------------------- 1 file changed, 93 insertions(+), 111 deletions(-) diff --git a/bills_text/House-276.txt b/bills_text/House-276.txt index 91d5b4e..ecccd4e 100644 --- a/bills_text/House-276.txt +++ b/bills_text/House-276.txt @@ -1,66 +1,66 @@ -116th CONGRESS - 1st Session - H. R. 276 + H.R.276 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To direct the Secretary of Education to establish the Recognizing -Inspiring School Employees (RISE) Award Program recognizing excellence + Inspiring School Employees (RISE) Award Program recognizing excellence exhibited by classified school employees providing services to students - in prekindergarten through high school. + in prekindergarten through high school. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Recognizing Achievement in Classified School Employees Act''. - SEC. 2. FINDINGS. - Congress finds the following: - (1) Classified school employees provide valuable service in - the United States. - (2) Classified school employees provide essential services, - such as transportation, facilities maintenance and operations, - food service, safety, and health care. - (3) Classified school employees play a vital role in - providing for the welfare and safety of students. - (4) Classified school employees strive for excellence in - all areas of service to the education community. - (5) Exemplary classified school employees should be - recognized for their outstanding contributions to quality - education in the United States. - + (1) Classified school employees provide valuable service in the + United States. + (2) Classified school employees provide essential services, + such as transportation, facilities maintenance and operations, food + service, safety, and health care. + (3) Classified school employees play a vital role in providing + for the welfare and safety of students. + (4) Classified school employees strive for excellence in all + areas of service to the education community. + (5) Exemplary classified school employees should be recognized + for their outstanding contributions to quality education in the + United States. SEC. 3. DEFINITIONS. - In this Act: - (1) Classified school employee.--The term ``classified - school employee'' means an employee of a State or of any - political subdivision of a State, or an employee of a nonprofit - entity, who works in any grade from prekindergarten through - high school in any of the following occupational specialties: - (A) Paraprofessional, including paraeducator - services. - (B) Clerical and administrative services. - (C) Transportation services. - (D) Food and nutrition services. - (E) Custodial and maintenance services. - (F) Security services. - (G) Health and student services. - (H) Technical services. - (I) Skilled trades. - (2) Other definitions.--The terms used in this Act have the - meanings given the terms in section 8101 of the Elementary and - Secondary Education Act of 1965 (20 U.S.C. 7801). - + (1) Classified school employee.--The term ``classified school + employee'' means an employee of a State or of any political + subdivision of a State, or an employee of a nonprofit entity, who + works in any grade from prekindergarten through high school in any + of the following occupational specialties: + (A) Paraprofessional, including paraeducator services. + (B) Clerical and administrative services. + (C) Transportation services. + (D) Food and nutrition services. + (E) Custodial and maintenance services. + (F) Security services. + (G) Health and student services. + (H) Technical services. + (I) Skilled trades. + (2) Other definitions.--The terms used in this Act have the + meanings given the terms in section 8101 of the Elementary and + Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 4. RECOGNITION PROGRAM ESTABLISHED. - (a) In General.--The Secretary of Education shall establish a national recognition program to be known as the ``Recognizing Inspiring School Employees Award Program'' or the ``award program''. The purpose @@ -68,70 +68,52 @@ of the award program shall be to recognize and promote the commitment and excellence exhibited by classified school employees who provide exemplary service to students in prekindergarten through high school. (b) Award.-- - (1) In general.--Prior to May 31 of each year (beginning - with the second calendar year that begins after the date of the - enactment of this Act), the Secretary shall select a classified - school employee to receive the Recognizing Inspiring School - Employees Award for the year. - (2) Non-monetary value.--The award and recognition provided - under this Act shall have no monetary value. + (1) In general.--Prior to May 31 of each year (beginning with + the second calendar year that begins after the date of the + enactment of this Act), the Secretary shall select a classified + school employee to receive the Recognizing Inspiring School + Employees Award for the year. + (2) Non-monetary value.--The award and recognition provided + under this Act shall have no monetary value. (c) Selection Process.-- - (1) Nomination process.-- - (A) In general.--Not later than November 1 of each - year (beginning with the first calendar year that - begins after the date of the enactment of this Act), - the Secretary shall solicit nominations of classified - school employees from the occupational specialties - described in section 3(1) from the Governor of each - State. - (B) Nomination submissions.--In order for - individuals in a State to be eligible to receive - recognition under this section, the Governor of the - State shall consider nominations submitted by the - following: - (i) Local educational agencies. - (ii) School administrators. - (iii) Professional associations. - (iv) Labor organizations. - (v) Educational service agencies. - (vi) Nonprofit entities. - (vii) Parents and students. - (viii) Any other group determined - appropriate by the Secretary. - (2) Demonstration.--Each Governor of a State who desires - individuals in the State to receive recognition under this - section shall submit the nominations described in paragraph (1) - to the Secretary in such manner as may be required by the - Secretary. Each such nomination shall contain, at a minimum, - demonstrations of excellence in the following areas: - (A) Work performance. - (B) School and community involvement. - (C) Leadership and commitment. - (D) Local support. - (E) Enhancement of classified school employees' - image in the community and schools. - (3) Selection.--The Secretary shall develop uniform - national guidelines for evaluating nominations submitted under - paragraph (2) in order to select the most deserving nominees - based on the demonstrations made in the areas described in such - paragraph. - - Passed the House of Representatives February 25, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 276 - -_______________________________________________________________________ - - AN ACT - - To direct the Secretary of Education to establish the Recognizing -Inspiring School Employees (RISE) Award Program recognizing excellence -exhibited by classified school employees providing services to students - in prekindergarten through high school. + (1) Nomination process.-- + (A) In general.--Not later than November 1 of each year + (beginning with the first calendar year that begins after the + date of the enactment of this Act), the Secretary shall solicit + nominations of classified school employees from the + occupational specialties described in section 3(1) from the + Governor of each State. + (B) Nomination submissions.--In order for individuals in a + State to be eligible to receive recognition under this section, + the Governor of the State shall consider nominations submitted + by the following: + (i) Local educational agencies. + (ii) School administrators. + (iii) Professional associations. + (iv) Labor organizations. + (v) Educational service agencies. + (vi) Nonprofit entities. + (vii) Parents and students. + (viii) Any other group determined appropriate by the + Secretary. + (2) Demonstration.--Each Governor of a State who desires + individuals in the State to receive recognition under this section + shall submit the nominations described in paragraph (1) to the + Secretary in such manner as may be required by the Secretary. Each + such nomination shall contain, at a minimum, demonstrations of + excellence in the following areas: + (A) Work performance. + (B) School and community involvement. + (C) Leadership and commitment. + (D) Local support. + (E) Enhancement of classified school employees' image in + the community and schools. + (3) Selection.--The Secretary shall develop uniform national + guidelines for evaluating nominations submitted under paragraph (2) + in order to select the most deserving nominees based on the + demonstrations made in the areas described in such paragraph. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From f4edb0e936875533ba8686108dcc18c0961fa29b Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 020/984] House-299: Introduced to House --- bills_text/House-299.txt | 510 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 510 insertions(+) create mode 100644 bills_text/House-299.txt diff --git a/bills_text/House-299.txt b/bills_text/House-299.txt new file mode 100644 index 0000000..46692d9 --- /dev/null +++ b/bills_text/House-299.txt @@ -0,0 +1,510 @@ +116th CONGRESS + 1st Session + H. R. 299 + +To amend title 38, United States Code, to clarify presumptions relating + to the exposure of certain veterans who served in the vicinity of the + Republic of Vietnam, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 8, 2019 + + Mr. Takano (for himself, Mr. Courtney, Mr. Brendan F. Boyle of + Pennsylvania, Mr. Serrano, Mr. Neal, Mr. Peters, Mrs. Davis of + California, Mr. McEachin, Mrs. Dingell, Ms. Kuster of New Hampshire, + Mr. Bishop of Georgia, Ms. Norton, Ms. Gabbard, Ms. Brownley of +California, Mr. Lipinski, Mrs. Napolitano, Mr. Loebsack, Mr. Engel, Ms. +Meng, Mr. DeFazio, Mr. Langevin, Ms. McCollum, Mr. Connolly, Ms. Clarke + of New York, Mr. Tonko, Mr. Brown of Maryland, Ms. Schakowsky, Mr. +Massie, Mrs. Watson Coleman, Mr. Michael F. Doyle of Pennsylvania, Miss + Rice of New York, Mr. Beyer, Mr. Katko, Mrs. Murphy, Mr. Sean Patrick + Maloney of New York, Mr. Carbajal, Mr. Kildee, Mr. Ryan, Mr. Sablan, + Ms. Stefanik, Mr. Sires, Mr. Pallone, Ms. Velazquez, Mr. Lawson of + Florida, Ms. Pingree, Mr. Pocan, Mrs. Beatty, Mr. Cisneros, Mr. +Garamendi, Mr. Correa, Mr. Hastings, Mr. Espaillat, Mr. Perlmutter, Ms. + Adams, Mr. Rush, Ms. Titus, Mr. Thompson of Mississippi, Mr. + Cartwright, Ms. Kelly of Illinois, Mr. Schneider, Mr. Cicilline, Mr. + Aguilar, Mr. Duncan, Mr. O'Halleran, Mr. Cohen, Mr. Khanna, Mr. +Fortenberry, Mr. Gonzalez of Texas, Mr. Welch, Mr. Bost, Mr. Soto, Mr. + Swalwell of California, Mr. Lynch, Mr. Foster, Ms. Bonamici, Mr. +Pascrell, Mr. Lamb, Mr. Barr, Mr. Scott of Virginia, Mr. Bilirakis, Mr. + Cardenas, Mr. Cook, and Mr. Palazzo) introduced the following bill; + which was referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + +To amend title 38, United States Code, to clarify presumptions relating + to the exposure of certain veterans who served in the vicinity of the + Republic of Vietnam, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Blue Water Navy Vietnam Veterans Act +of 2019''. + +SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO + SERVED IN VICINITY OF REPUBLIC OF VIETNAM. + + (a) In General.--Chapter 11 of title 38, United States Code, is +amended by inserting after section 1116 the following new section: +``Sec. 1116A. Presumptions of service connection for veterans who + served offshore of the Republic of Vietnam + ``(a) Service Connection.--For the purposes of section 1110 of this +title, and subject to section 1113 of this title, a disease covered by +section 1116 of this title becoming manifest as specified in that +section in a veteran who, during active military, naval, or air +service, served offshore of the Republic of Vietnam during the period +beginning on January 9, 1962, and ending on May 7, 1975, shall be +considered to have been incurred in or aggravated by such service, +notwithstanding that there is no record of evidence of such disease +during the period of such service. + ``(b) Exposure.--A veteran who, during active military, naval, or +air service, served offshore of the Republic of Vietnam during the +period beginning on January 9, 1962, and ending on May 7, 1975, shall +be presumed to have been exposed during such service to an herbicide +agent unless there is affirmative evidence to establish that the +veteran was not exposed to any such agent during that service. + ``(c) Effective Date of Award.--(1) Except as provided by paragraph +(2), the effective date of an award under this section shall be +determined in accordance with section 5110 of this title. + ``(2)(A) Notwithstanding subsection (g) of section 5110 of this +title, the Secretary shall determine the effective date of an award +based on a claim under this section for an individual described in +subparagraph (B) by treating the date on which the individual filed the +prior claim specified in clause (i) of such subparagraph as the date on +which the individual filed the claim so awarded under this section. + ``(B) An individual described in this subparagraph is a veteran, or +a survivor of a veteran, who meets the following criteria: + ``(i) The veteran or survivor submitted a claim for + disability compensation on or after September 25, 1985, and + before January 1, 2020, for a disease covered by this section, + and the claim was denied by reason of the claim not + establishing that the disease was incurred or aggravated by the + service of the veteran. + ``(ii) The veteran or survivor submits a claim for + disability compensation on or after January 1, 2020, for the + same condition covered by the prior claim under clause (i), and + the claim is approved pursuant to this section. + ``(d) Determination of Offshore.--Notwithstanding any other +provision of law, for purposes of this section, the Secretary shall +treat a location as being offshore of Vietnam if the location is not +more than 12 nautical miles seaward of a line commencing on the +southwestern demarcation line of the waters of Vietnam and Cambodia and +intersecting the following points: + + +---------------------------------------------------------------------------------------------------------------- + Latitude + ``Points Geographic Names North Longitude East +---------------------------------------------------------------------------------------------------------------- +At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province 915.0' 10327.0' +---------------------------------------------------------------------------------------------------------------- +At Hon Da Island southeast of Hon Khoai Island Minh Hai Province 822.8' 10452.4' +---------------------------------------------------------------------------------------------------------------- +At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector 837.8' 10637.5' +---------------------------------------------------------------------------------------------------------------- +At Bong Lai Islet, Con Dao Islet 838.9' 10640.3' +---------------------------------------------------------------------------------------------------------------- +At Bay Canh Islet, Con Dao Islet 839.7' 10642.1' +---------------------------------------------------------------------------------------------------------------- +At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province 958.0' 1095.0' +---------------------------------------------------------------------------------------------------------------- +At Hon Doi Islet, Thuan Hai Province 1239.0' 10928.0' +---------------------------------------------------------------------------------------------------------------- +At Dai Lanh point, Phu Khanh Province 1253.8' 10927.2' +---------------------------------------------------------------------------------------------------------------- +At Ong Can Islet, Phu Khanh Province 1354.0' 10921.0' +---------------------------------------------------------------------------------------------------------------- +At Ly Son Islet, Nghia Binh Province 1523.1' 109 9.0' +---------------------------------------------------------------------------------------------------------------- +At Con Co Island, Binh Tri Thien Province 1710.0' 10720.6' +---------------------------------------------------------------------------------------------------------------- + + ``(e) Herbicide Agent.--In this section, the term `herbicide agent' +has the meaning given that term in section 1116 (a)(3) of this +title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +1116 the following new item: + +``1116A. Presumptions of service connection for veterans who served + offshore of the Republic of Vietnam.''. + (c) Implementation.-- + (1) Guidance.--Notwithstanding section 501 of such title, + the Secretary of Veterans Affairs may issue guidance to + implement section 1116A of title 38, United States Code, as + added by subsection (a). + (2) Updates.--On a quarterly basis during the period + beginning on the date of the enactment of this Act and ending + on the date on which regulations are prescribed to carry out + such section 1116A, the Secretary shall submit to the + Committees on Veterans' Affairs of the House of Representatives + and the Senate updates on the status of such regulations. + (3) Pending cases.-- + (A) Authority to stay.--The Secretary may stay a + claim described in subparagraph (B) until the date on + which the Secretary commences the implementation of + such section 1116A. + (B) Claims described.--A claim described in this + subparagraph is a claim for disability compensation-- + (i) relating to the service and diseases + covered by such section 1116A; and + (ii) that is pending at the Veterans + Benefits Administration or the Board of + Veterans' Appeals on or after the date of the + enactment of this Act and before the date on + which the Secretary commences the + implementation of such section 1116A. + (d) Outreach.-- + (1) Requirement.--The Secretary of Veterans Affairs shall + conduct outreach to inform veterans described in paragraph (2) + of the ability to submit a claim for disability compensation + under section 1116A of title 38, United States Code, as added + by subsection (a). + (2) Veteran described.--A veteran described in this + paragraph is a veteran who, during active military, naval, or + air service, served offshore of the Republic of Vietnam during + the period beginning on January 9, 1962, and ending on May 7, + 1975. + (e) Reports.--Not later than January 1, 2020, and not later than +January 1, 2022, the Secretary of Veterans Affairs shall submit to the +Committees on Veterans' Affairs of the House of Representatives and the +Senate a report on claims for disability compensation under section +1116A of title 38, United States Code, as added by subsection (a). Each +report shall include the following with respect to the period covered +by the report, disaggregated by the regional offices of the Department +of Veterans Affairs: + (1) The number of claims filed under such section. + (2) The number of such claims granted. + (3) The number of such claims denied. + (f) Health Care.--Section 1710(e)(4) of title 38, United States +Code, is amended by inserting ``(including offshore of such Republic as +described in section 1116A(d) of this title)'' after ``served on active +duty in the Republic of Vietnam''. + (g) Effective Date.--The amendments made by this section shall take +effect on January 1, 2020. + +SEC. 3. PRESUMPTION OF HERBICIDE EXPOSURE FOR CERTAIN VETERANS WHO + SERVED IN KOREA. + + (a) In General.--Chapter 11 of title 38, United States Code, is +amended by inserting after section 1116A, as added by section 2, the +following new section: +``Sec. 1116B. Presumption of herbicide exposure for certain veterans + who served in Korea + ``(a) Presumption of Service-Connection.--(1) For the purposes of +section 1110 of this title, and subject to section 1113 of this title, +a disease specified in subsection (b) that becomes manifest as +specified in that subsection in a veteran described in paragraph (2) +shall be considered to have been incurred or aggravated in the line of +duty in the active military, naval, or air service, notwithstanding +that there is no record of evidence of such disease during the period +of such service. + ``(2) A veteran described in this paragraph is a veteran who, +during active military, naval, or air service, served in or near the +Korean Demilitarized Zone (DMZ), during the period beginning on +September 1, 1967, and ending on August 31, 1971. + ``(b) Diseases.--A disease specified in this subsection is-- + ``(1) a disease specified in paragraph (2) of subsection + (a) of section 1116 of this title that becomes manifest as + specified in that paragraph; or + ``(2) any additional disease that-- + ``(A) the Secretary determines in regulations + warrants a presumption of service-connection by reason + of having positive association with exposure to an + herbicide agent; and + ``(B) becomes manifest within any period prescribed + in such regulations. + ``(c) Herbicide Agent.--For purposes of this section, the term +`herbicide agent' has the meaning given such term in section 1821(d) of +this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +1116A, as added by section 2, the following new item: + +``1116B. Presumption of herbicide exposure for certain veterans who + served in Korea.''. + (c) Pending Cases.-- + (1) Authority to stay.--The Secretary may stay a claim + described in subparagraph (B) until the date on which the + Secretary commences the implementation of section 1116B of + title 38, United States Code, as added by subsection (a). + (2) Claims described.--A claim described in this + subparagraph is a claim for disability compensation-- + (A) relating to the service and diseases covered by + such section 1116B; and + (B) that is pending at the Veterans Benefits + Administration or the Board of Veterans' Appeals on or + after the date of the enactment of this Act and before + the date on which the Secretary commences the + implementation of such section 1116B. + (d) Effective Date.--The amendments made by this section shall take +effect on January 1, 2020. + +SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN + WITH SPINA BIFIDA. + + (a) In General.--Subchapter III of chapter 18 of title 38, United +States Code, is amended by adding at the end the following new section: +``Sec. 1822. Benefits for children of certain Thailand service veterans + born with spina bifida + ``(a) Benefits Authorized.--The Secretary may provide to any child +of a veteran of covered service in Thailand who is suffering from spina +bifida the health care, vocational training and rehabilitation, and +monetary allowance required to be paid to a child of a Vietnam veteran +who is suffering from spina bifida under subchapter I of this chapter +as if such child of a veteran of covered service in Thailand were a +child of a Vietnam veteran who is suffering from spina bifida under +such subchapter. + ``(b) Spina Bifida Conditions Covered.--This section applies with +respect to all forms and manifestations of spina bifida, except spina +bifida occulta. + ``(c) Veteran of Covered Service in Thailand.--For purposes of this +section, a veteran of covered service in Thailand is any individual, +without regard to the characterization of that individual's service, +who-- + ``(1) served in the active military, naval, or air service + in Thailand, as determined by the Secretary in consultation + with the Secretary of Defense, during the period beginning on + January 9, 1962, and ending on May 7, 1975; and + ``(2) is determined by the Secretary, in consultation with + the Secretary of Defense, to have been exposed to a herbicide + agent during such service in Thailand. + ``(d) Herbicide Agent.--For purposes of this section, the term +`herbicide agent' means a chemical in a herbicide used in support of +United States and allied military operations in Thailand, as determined +by the Secretary in consultation with the Secretary of Defense, during +the period beginning on January 9, 1962, and ending on May 7, 1975.''. + (b) Conforming Amendment to Definition of ``Child''.--Section +1831(1) of such title is amended-- + (1) in subparagraph (B)-- + (A) by striking ``subchapter III of this chapter'' + and inserting ``section 1821 of this title''; and + (B) in clause (i), by striking ``section 1821 of + this title'' and inserting ``that section''; and + (2) by adding at the end the following new subparagraph: + ``(C) For purposes of section 1822 of this title, + an individual, regardless of age or marital status, + who-- + ``(i) is the natural child of a veteran of + covered service in Thailand (as determined for + purposes of that section); and + ``(ii) was conceived after the date on + which that veteran first entered service + described in subsection (c) of that section.''. + (c) Clerical Amendments.-- + (1) Subchapter heading.--The heading for subchapter III of + chapter 18 of such title is amended by inserting ``AND + THAILAND'' after ``KOREA''. + (2) Table of sections.--The table of sections at the + beginning of chapter 18 of such title is amended-- + (A) by striking the item relating to subchapter III + and inserting the following new item: + + ``subchapter iii--children of certain korea and thailand service + veterans born with spina bifida''; + + and + (B) by inserting after the item relating to section + 1821 the following new item: + +``1822. Benefits for children of certain Thailand service veterans born + with spina bifida.''. + (d) Pending Cases.-- + (1) Authority to stay.--The Secretary may stay a claim + described in subparagraph (B) until the date on which the + Secretary commences the implementation of section 1822 of title + 38, United States Code, as added by subsection (a). + (2) Claims described.--A claim described in this + subparagraph is a claim for benefits-- + (A) relating to the spina bifida and service + covered by such section 1822; and + (B) that is pending at the Veterans Benefits + Administration or the Board of Veterans' Appeals on or + after the date of the enactment of this Act and before + the date on which the Secretary commences the + implementation of such section 1822. + (e) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs, in +consultation with the Secretary of Defense, shall submit to the +Committees on Veterans' Affairs of the House of Representatives and the +Senate a report identifying-- + (1) the military installations of the United States located + in Thailand during the period beginning on January 9, 1962, and + ending on May 7, 1975, at which an herbicide agent (as defined + in section 1822 of title 38, United States Code, as added by + subsection (a)) was actively used; and + (2) the period of such use. + (f) Effective Date.--The amendments made by this section shall take +effect on January 1, 2020. + +SEC. 5. UPDATED REPORT ON CERTAIN GULF WAR ILLNESS STUDY. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Veterans Affairs shall submit to the Committees +on Veterans' Affairs of the House of Representatives and the Senate an +updated report on the findings, as of the date of the updated report, +of the Follow-up Study of a National Cohort of Gulf War and Gulf Era +Veterans under the epidemiology program of the Department of Veterans +Affairs. + +SEC. 6. LOANS GUARANTEED UNDER HOME LOAN PROGRAM OF DEPARTMENT OF + VETERANS AFFAIRS. + + (a) Adjustment of Loan Limit.--Section 3703(a)(1) of title 38, +United States Code, is amended-- + (1) in subparagraph (A)(i)(IV)-- + (A) by striking ``the lesser of''; and + (B) by striking ``or 25 percent of the loan''; and + (2) in subparagraph (C), by striking ``Freddie Mac'' and + all that follows through the period at the end and inserting + ``amount of the loan.''. + (b) Loan Fees.--Section 3729(b)(2) of such title is amended by +striking the loan fee table and inserting the following: + + +---------------------------------------------------------------------------------------------------------------- + Active duty + ``Type of loan veteran Reservist Other obligor +---------------------------------------------------------------------------------------------------------------- +(A)(i) Initial loan described in section 3710(a) 2.15 2.40 NA + to purchase or construct a dwelling with 0-down, + or any other initial loan described in section + 3710(a) other than with 5-down or 10-down + (closed on or after October 1, 2004, and before + January 1, 2020) +(A)(ii) Initial loan described in section 3710(a) 2.40 2.40 NA + to purchase or construct a dwelling with 0-down, + or any other initial loan described in section + 3710(a) other than with 5-down or 10-down + (closed on or after January 1, 2020, and before + December 1, 2027) +(A)(iii) Initial loan described in section 2.15 2.15 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other initial loan described in + section 3710(a) other than with 5-down or 10- + down (closed on or after December 1, 2027, and + before October 1, 2028) +(A)(iv) Initial loan described in section 3710(a) 1.40 1.40 NA + to purchase or construct a dwelling with 0-down, + or any other initial loan described in section + 3710(a) other than with 5-down or 10-down + (closed on or after October 1, 2028) +(B)(i) Subsequent loan described in section 3.30 3.30 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other subsequent loan described + in section 3710(a) (closed on or after October + 1, 2004, and before January 1, 2020) +(B)(ii) Subsequent loan described in section 3.80 3.80 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other subsequent loan described + in section 3710(a) (closed on or after January + 1, 2020, and before December 1, 2027) +(B)(iii) Subsequent loan described in section 3.30 3.30 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other subsequent loan described + in section 3710(a) (closed on or after December + 1, 2027, and before October 1, 2028) +(B)(iv) Subsequent loan described in section 1.25 1.25 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other subsequent loan described + in section 3710(a) (closed on or after October + 1, 2028) +(C)(i) Loan described in section 3710(a) to 1.50 1.75 NA + purchase or construct a dwelling with 5-down + (closed before January 1, 2020) +(C)(ii) Loan described in section 3710(a) to 1.75 1.75 NA + purchase or construct a dwelling with 5-down + (closed on or after January 1, 2020, and before + December 1, 2027) +(C)(iii) Loan described in section 3710(a) to 1.50 1.50 NA + purchase or construct a dwelling with 5-down + (closed on or after December 1, 2027, and before + October 1, 2028) +(C)(iv) Loan described in section 3710(a) to 0.75 0.75 NA + purchase or construct a dwelling with 5-down + (closed on or after October 1, 2028) +(D)(i) Loan described in section 3710(a) to 1.25 1.50 NA + purchase or construct a dwelling with 10-down + (closed before January 1, 2020) +(D)(ii) Loan described in section 3710(a) to 1.45 1.45 NA + purchase or construct a dwelling with 10-down + (closed on or after January 1, 2020, and before + December 1, 2027) +(D)(iii) Loan described in section 3710(a) to 1.25 1.25 NA + purchase or construct a dwelling with 10-down + (closed on or after December 1, 2027, and before + October 1, 2028) +(D)(iv) Loan described in section 3710(a) to 0.50 0.50 NA + purchase or construct a dwelling with 10-down + (closed on or after October 1, 2028) +(E) Interest rate reduction refinancing loan 0.50 0.50 NA +(F) Direct loan under section 3711 1.00 1.00 NA +(G) Manufactured home loan under section 3712 1.00 1.00 NA + (other than an interest rate reduction + refinancing loan) +(H) Loan to Native American veteran under section 1.25 1.25 NA + 3762 (other than an interest rate reduction + refinancing loan) +(I) Loan assumption under section 3714 0.50 0.50 0.50 +(J) Loan under section 3733(a) 2.25 2.25 2.25''. +---------------------------------------------------------------------------------------------------------------- + + (c) Waiver of Fees for Purple Heart Recipients; Collection of +Certain Loan Fees.--Section 3729(c) of such title is amended-- + (1) in paragraph (1)-- + (A) by striking ``A fee'' and inserting ``Subject + to paragraph (3), a fee''; + (B) by striking ``or from a surviving spouse'' and + inserting ``, from a surviving spouse''; and + (C) by inserting before the period at the end the + following: ``, or from a member of the Armed Forces + serving on active duty who was awarded the Purple + Heart''. + (2) by adding at the end the following new paragraph: + ``(3) A fee shall be collected under this section from any veteran +with a service-connected disability rated as less than total, any +surviving spouse of such a veteran, and any member of the Armed Forces +who, on or after January 1, 2020, receives a loan in an amount that +exceeds the Freddie Mac conforming loan limit limitation determined +under section 305(a)(2) of the Federal Home Loan Mortgage Corporation +Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted +for the year involved.''. + (d) Effective Date.--The amendments made by this section shall +apply with respect to a loan guaranteed under section 3710 of title 38, +United States Code, on or after January 1, 2020. + (e) Guidance.--Notwithstanding section 501 of such title, the +Secretary of Veterans Affairs may issue guidance to implement this +section before prescribing new regulations under sections 3703 and 3729 +of such title, as amended by subsections (a), (b), and (c). + +SEC. 7. INFORMATION GATHERING FOR DEPARTMENT OF VETERANS AFFAIRS HOME + LOAN APPRAISALS. + + (a) In General.--Section 3731(b) of title 38, United States Code, +is amended by adding at the end the following new paragraph: + ``(3) The Secretary shall permit an appraiser on a list developed +and maintained under subsection (a)(3) to make an appraisal for the +purposes of this chapter based solely on information gathered by a +person with whom the appraiser has entered into an agreement for such +services.''. + (b) Effective Date.--The amendments made by this section shall +apply with respect to an appraisal under section 3731 of such title, on +or after January 1, 2020. + (c) Guidance.--Notwithstanding section 501 of such title, the +Secretary of Veterans Affairs may issue guidance to implement this +section before prescribing new regulations under sections 3731 of such +title, as amended by subsection (a). + \ No newline at end of file From 282fc48757a8ae2b4c78130c446bb4fc4cc62764 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 021/984] House-299: Engrossed in House --- bills_text/House-299.txt | 359 ++++++++++++++++++++++++--------------- 1 file changed, 223 insertions(+), 136 deletions(-) diff --git a/bills_text/House-299.txt b/bills_text/House-299.txt index 46692d9..92088e0 100644 --- a/bills_text/House-299.txt +++ b/bills_text/House-299.txt @@ -2,43 +2,9 @@ 1st Session H. R. 299 -To amend title 38, United States Code, to clarify presumptions relating - to the exposure of certain veterans who served in the vicinity of the - Republic of Vietnam, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 8, 2019 - - Mr. Takano (for himself, Mr. Courtney, Mr. Brendan F. Boyle of - Pennsylvania, Mr. Serrano, Mr. Neal, Mr. Peters, Mrs. Davis of - California, Mr. McEachin, Mrs. Dingell, Ms. Kuster of New Hampshire, - Mr. Bishop of Georgia, Ms. Norton, Ms. Gabbard, Ms. Brownley of -California, Mr. Lipinski, Mrs. Napolitano, Mr. Loebsack, Mr. Engel, Ms. -Meng, Mr. DeFazio, Mr. Langevin, Ms. McCollum, Mr. Connolly, Ms. Clarke - of New York, Mr. Tonko, Mr. Brown of Maryland, Ms. Schakowsky, Mr. -Massie, Mrs. Watson Coleman, Mr. Michael F. Doyle of Pennsylvania, Miss - Rice of New York, Mr. Beyer, Mr. Katko, Mrs. Murphy, Mr. Sean Patrick - Maloney of New York, Mr. Carbajal, Mr. Kildee, Mr. Ryan, Mr. Sablan, - Ms. Stefanik, Mr. Sires, Mr. Pallone, Ms. Velazquez, Mr. Lawson of - Florida, Ms. Pingree, Mr. Pocan, Mrs. Beatty, Mr. Cisneros, Mr. -Garamendi, Mr. Correa, Mr. Hastings, Mr. Espaillat, Mr. Perlmutter, Ms. - Adams, Mr. Rush, Ms. Titus, Mr. Thompson of Mississippi, Mr. - Cartwright, Ms. Kelly of Illinois, Mr. Schneider, Mr. Cicilline, Mr. - Aguilar, Mr. Duncan, Mr. O'Halleran, Mr. Cohen, Mr. Khanna, Mr. -Fortenberry, Mr. Gonzalez of Texas, Mr. Welch, Mr. Bost, Mr. Soto, Mr. - Swalwell of California, Mr. Lynch, Mr. Foster, Ms. Bonamici, Mr. -Pascrell, Mr. Lamb, Mr. Barr, Mr. Scott of Virginia, Mr. Bilirakis, Mr. - Cardenas, Mr. Cook, and Mr. Palazzo) introduced the following bill; - which was referred to the Committee on Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -133,8 +99,7 @@ At Con Co Island, Binh Tri Thien Province ---------------------------------------------------------------------------------------------------------------- ``(e) Herbicide Agent.--In this section, the term `herbicide agent' -has the meaning given that term in section 1116 (a)(3) of this -title.''. +has the meaning given that term in section 1116(a)(3) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116 the following new item: @@ -145,13 +110,24 @@ such chapter is amended by inserting after the item relating to section (1) Guidance.--Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116A of title 38, United States Code, as - added by subsection (a). - (2) Updates.--On a quarterly basis during the period - beginning on the date of the enactment of this Act and ending - on the date on which regulations are prescribed to carry out - such section 1116A, the Secretary shall submit to the - Committees on Veterans' Affairs of the House of Representatives - and the Senate updates on the status of such regulations. + added by subsection (a), before prescribing new regulations + under such section. + (2) Updates.--(A) Not later than 120 days after the date of + the enactment of this Act, the Secretary shall submit a report + to the Committees on Veterans' Affairs of the House of + Representatives and the Senate regarding the plans of the + Secretary-- + (i) to conduct outreach under subsection (d); and + (ii) to respond to inquiries from veterans + regarding claims for disability compensation under + section 1116A of title 38, United States Code, as added + by subsection (a) of this section. + (B) On a quarterly basis during the period beginning on the + date of the enactment of this Act and ending on the date on + which regulations are prescribed to carry out such section + 1116A, the Secretary shall submit to the Committees on + Veterans' Affairs of the House of Representatives and the + Senate updates on the status of such regulations. (3) Pending cases.-- (A) Authority to stay.--The Secretary may stay a claim described in subparagraph (B) until the date on @@ -172,20 +148,29 @@ such chapter is amended by inserting after the item relating to section conduct outreach to inform veterans described in paragraph (2) of the ability to submit a claim for disability compensation under section 1116A of title 38, United States Code, as added - by subsection (a). + by subsection (a). Such outreach shall include the following: + (A) The Secretary shall publish on the website of + the Department a notice that a veterans described in + paragraph (2) may submit or resubmit a claim for + disability compensation under such section 1116A. + (B) The Secretary shall notify in writing the + veteran service organization community of the ability + of veterans described in paragraph (2) to submit or + resubmit claims for disability compensation under such + section 1116A. (2) Veteran described.--A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. - (e) Reports.--Not later than January 1, 2020, and not later than -January 1, 2022, the Secretary of Veterans Affairs shall submit to the -Committees on Veterans' Affairs of the House of Representatives and the -Senate a report on claims for disability compensation under section -1116A of title 38, United States Code, as added by subsection (a). Each -report shall include the following with respect to the period covered -by the report, disaggregated by the regional offices of the Department -of Veterans Affairs: + (e) Reports.--Not later than January 1, 2021, and annually +thereafter for 2 years, the Secretary of Veterans Affairs shall submit +to the Committees on Veterans' Affairs of the House of Representatives +and the Senate a report regarding claims for disability compensation +under section 1116A of title 38, United States Code, as added by +subsection (a). Each report shall include, with respect to the calendar +year preceding the report, disaggregated by the regional offices of the +Department of Veterans Affairs, the following: (1) The number of claims filed under such section. (2) The number of such claims granted. (3) The number of such claims denied. @@ -236,20 +221,42 @@ such chapter is amended by inserting after the item relating to section ``1116B. Presumption of herbicide exposure for certain veterans who served in Korea.''. - (c) Pending Cases.-- - (1) Authority to stay.--The Secretary may stay a claim - described in subparagraph (B) until the date on which the - Secretary commences the implementation of section 1116B of - title 38, United States Code, as added by subsection (a). - (2) Claims described.--A claim described in this - subparagraph is a claim for disability compensation-- - (A) relating to the service and diseases covered by - such section 1116B; and - (B) that is pending at the Veterans Benefits - Administration or the Board of Veterans' Appeals on or - after the date of the enactment of this Act and before - the date on which the Secretary commences the - implementation of such section 1116B. + (c) Implementation.-- + (1) Guidance.--Notwithstanding section 501 of such title, + the Secretary of Veterans Affairs may issue guidance to + implement section 1116B of title 38, United States Code, as + added by subsection (a), before prescribing new regulations + under such section. + (2) Updates.--(A) Not later than 120 days after the date of + the enactment of this Act, the Secretary shall submit a report + to the Committees on Veterans' Affairs of the House of + Representatives and the Senate regarding the plans of the + Secretary to respond to inquiries from veterans regarding + claims for disability compensation under section 1116B of title + 38, United States Code, as added by subsection (a) of this + section. + (B) On a quarterly basis during the period beginning on the + date of the enactment of this Act and ending on the date on + which regulations are prescribed to carry out such section + 1116B, the Secretary shall submit to the Committees on + Veterans' Affairs of the House of Representatives and the + Senate updates on the status of such regulations. + (3) Pending cases.-- + (A) Authority to stay.--The Secretary may stay a + claim described in subparagraph (B) until the date on + which the Secretary commences the implementation of + section 1116B of title 38, United States Code, as added + by subsection (a). + (B) Claims described.--A claim described in this + subparagraph is a claim for disability compensation-- + (i) relating to the service and diseases + covered by such section 1116B; and + (ii) that is pending at the Veterans + Benefits Administration or the Board of + Veterans' Appeals on or after the date of the + enactment of this Act and before the date on + which the Secretary commences the + implementation of such section 1116B. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2020. @@ -322,20 +329,42 @@ the period beginning on January 9, 1962, and ending on May 7, 1975.''. ``1822. Benefits for children of certain Thailand service veterans born with spina bifida.''. - (d) Pending Cases.-- - (1) Authority to stay.--The Secretary may stay a claim - described in subparagraph (B) until the date on which the - Secretary commences the implementation of section 1822 of title - 38, United States Code, as added by subsection (a). - (2) Claims described.--A claim described in this - subparagraph is a claim for benefits-- - (A) relating to the spina bifida and service - covered by such section 1822; and - (B) that is pending at the Veterans Benefits - Administration or the Board of Veterans' Appeals on or - after the date of the enactment of this Act and before - the date on which the Secretary commences the - implementation of such section 1822. + (d) Implementation.-- + (1) Guidance.--Notwithstanding section 501 of such title, + the Secretary of Veterans Affairs may issue guidance to + implement section 1822 of title 38, United States Code, as + added by subsection (a), before prescribing new regulations + under such section. + (2) Updates.--(A) Not later than 120 days after the date of + the enactment of this Act, the Secretary shall submit a report + to the Committees on Veterans' Affairs of the House of + Representatives and the Senate regarding the plans of the + Secretary to respond to inquiries from veterans regarding + claims for disability compensation under section 1822 of title + 38, United States Code, as added by subsection (a) of this + section. + (B) On a quarterly basis during the period beginning on the + date of the enactment of this Act and ending on the date on + which regulations are prescribed to carry out such section + 1822, the Secretary shall submit to the Committees on Veterans' + Affairs of the House of Representatives and the Senate updates + on the status of such regulations. + (3) Pending cases.-- + (A) Authority to stay.--The Secretary may stay a + claim described in subparagraph (B) until the date on + which the Secretary commences the implementation of + section 1822 of title 38, United States Code, as added + by subsection (a). + (B) Claims described.--A claim described in this + subparagraph is a claim for benefits-- + (i) relating to the spina bifida and + service covered by such section 1822; and + (ii) that is pending at the Veterans + Benefits Administration or the Board of + Veterans' Appeals on or after the date of the + enactment of this Act and before the date on + which the Secretary commences the + implementation of such section 1822. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the @@ -363,16 +392,57 @@ Affairs. SEC. 6. LOANS GUARANTEED UNDER HOME LOAN PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. - (a) Adjustment of Loan Limit.--Section 3703(a)(1) of title 38, -United States Code, is amended-- - (1) in subparagraph (A)(i)(IV)-- - (A) by striking ``the lesser of''; and - (B) by striking ``or 25 percent of the loan''; and - (2) in subparagraph (C), by striking ``Freddie Mac'' and - all that follows through the period at the end and inserting - ``amount of the loan.''. - (b) Loan Fees.--Section 3729(b)(2) of such title is amended by -striking the loan fee table and inserting the following: + (a) Adjustment of Loan Limit.-- + (1) In general.--Section 3703(a)(1) of title 38, United + States Code, is amended-- + (A) in subparagraph (A)-- + (i) in clause (i)(IV), by striking ``the + lesser of the maximum guaranty amount (as + defined in subparagraph (C)) or''; and + (ii) in clause (ii), by striking + ``subparagraph (B) of this paragraph'' and + inserting ``subparagraph (B) or (C)''; + (B) in subparagraph (B)-- + (i) by striking ``The maximum'' and + inserting ``With respect to loans described in + subclauses (I), (II), or (III) of subparagraph + (A)(i), the maximum''; and + (ii) by striking ``or in the case'' and all + that follows through ``subparagraph (C)),''; + and + (C) by striking subparagraph (C) and inserting the + following new subparagraph (C): + ``(C)(i) With respect to loans described in subclause (IV) of +subparagraph (A)(i) made to a veteran not covered by clause (ii), the +maximum amount of guaranty entitlement available to the veteran shall +be 25 percent of the loan. + ``(ii) With respect to loans described in subclause (IV) of +subparagraph (A)(i) made to a covered veteran, the maximum amount of +guaranty entitlement available to the veteran shall be 25 percent of +the Freddie Mac conforming loan limit, reduced by the amount of +entitlement previously used by the veteran under this chapter and not +restored as a result of the exclusion in section 3702(b) of this title. + ``(iii) In this subparagraph: + ``(I) The term `covered veteran' means a veteran who has + previously used entitlement under this chapter and for whom the + full amount of entitlement so used has not been restored as a + result of the exclusion in section 3702(b) of this title. + ``(II) The term `Freddie Mac conforming loan limit' means + the limit determined under section 305(a)(2) of the Federal + Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a + single-family residence, as adjusted for the year involved.''. + (2) Loans to native american veterans.--Section 3762(c) of + such title is amended-- + (A) by striking paragraph (1); and + (B) by redesignating paragraphs (2) and (3) as + paragraphs (1) and (2), respectively. + (3) Conforming amendment.--Section 3710(d)(4) of such title + is amended by striking ``section 3703(a)(1)(B) of this title'' + and inserting ``subparagraph (B) or (C) of section 3703(a)(1) + of this title''. + (b) Adjustment of Loan Fees.--Section 3729(b)(2) of title 38, +United States Code, is amended by striking the loan fee table and +inserting the following: ---------------------------------------------------------------------------------------------------------------- @@ -385,71 +455,71 @@ striking the loan fee table and inserting the following: 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2004, and before January 1, 2020) -(A)(ii) Initial loan described in section 3710(a) 2.40 2.40 NA +(A)(ii) Initial loan described in section 3710(a) 2.30 2.30 NA to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2020, and before - December 1, 2027) + January 1, 2022) (A)(iii) Initial loan described in section 2.15 2.15 NA 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10- - down (closed on or after December 1, 2027, and - before October 1, 2028) + down (closed on or after January 1, 2022, and + before October 1, 2029) (A)(iv) Initial loan described in section 3710(a) 1.40 1.40 NA to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down - (closed on or after October 1, 2028) + (closed on or after October 1, 2029) (B)(i) Subsequent loan described in section 3.30 3.30 NA 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2004, and before January 1, 2020) -(B)(ii) Subsequent loan described in section 3.80 3.80 NA +(B)(ii) Subsequent loan described in section 3.60 3.60 NA 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after January - 1, 2020, and before December 1, 2027) + 1, 2020, and before January 1, 2022) (B)(iii) Subsequent loan described in section 3.30 3.30 NA 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described - in section 3710(a) (closed on or after December - 1, 2027, and before October 1, 2028) + in section 3710(a) (closed on or after January + 1, 2022, and before October 1, 2029) (B)(iv) Subsequent loan described in section 1.25 1.25 NA 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October - 1, 2028) + 1, 2029) (C)(i) Loan described in section 3710(a) to 1.50 1.75 NA purchase or construct a dwelling with 5-down (closed before January 1, 2020) -(C)(ii) Loan described in section 3710(a) to 1.75 1.75 NA +(C)(ii) Loan described in section 3710(a) to 1.65 1.65 NA purchase or construct a dwelling with 5-down (closed on or after January 1, 2020, and before - December 1, 2027) + January 1, 2022) (C)(iii) Loan described in section 3710(a) to 1.50 1.50 NA purchase or construct a dwelling with 5-down - (closed on or after December 1, 2027, and before - October 1, 2028) + (closed on or after January 1, 2022, and before + October 1, 2029) (C)(iv) Loan described in section 3710(a) to 0.75 0.75 NA purchase or construct a dwelling with 5-down - (closed on or after October 1, 2028) + (closed on or after October 1, 2029) (D)(i) Loan described in section 3710(a) to 1.25 1.50 NA purchase or construct a dwelling with 10-down (closed before January 1, 2020) -(D)(ii) Loan described in section 3710(a) to 1.45 1.45 NA +(D)(ii) Loan described in section 3710(a) to 1.40 1.40 NA purchase or construct a dwelling with 10-down (closed on or after January 1, 2020, and before - December 1, 2027) + January 1, 2022) (D)(iii) Loan described in section 3710(a) to 1.25 1.25 NA purchase or construct a dwelling with 10-down - (closed on or after December 1, 2027, and before - October 1, 2028) + (closed on or after January 1, 2022, and before + October 1, 2029) (D)(iv) Loan described in section 3710(a) to 0.50 0.50 NA purchase or construct a dwelling with 10-down - (closed on or after October 1, 2028) + (closed on or after October 1, 2029) (E) Interest rate reduction refinancing loan 0.50 0.50 NA (F) Direct loan under section 3711 1.00 1.00 NA (G) Manufactured home loan under section 3712 1.00 1.00 NA @@ -462,33 +532,23 @@ striking the loan fee table and inserting the following: (J) Loan under section 3733(a) 2.25 2.25 2.25''. ---------------------------------------------------------------------------------------------------------------- - (c) Waiver of Fees for Purple Heart Recipients; Collection of -Certain Loan Fees.--Section 3729(c) of such title is amended-- - (1) in paragraph (1)-- - (A) by striking ``A fee'' and inserting ``Subject - to paragraph (3), a fee''; - (B) by striking ``or from a surviving spouse'' and - inserting ``, from a surviving spouse''; and - (C) by inserting before the period at the end the - following: ``, or from a member of the Armed Forces - serving on active duty who was awarded the Purple - Heart''. - (2) by adding at the end the following new paragraph: - ``(3) A fee shall be collected under this section from any veteran -with a service-connected disability rated as less than total, any -surviving spouse of such a veteran, and any member of the Armed Forces -who, on or after January 1, 2020, receives a loan in an amount that -exceeds the Freddie Mac conforming loan limit limitation determined -under section 305(a)(2) of the Federal Home Loan Mortgage Corporation -Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted -for the year involved.''. + (c) Waiver of Fees for Purple Heart Recipients.--Section 3729(c)(1) +of such title is amended-- + (1) by striking ``or from a surviving spouse'' and + inserting ``, from a surviving spouse''; and + (2) by inserting before the period at the end the + following: ``, or from a member of the Armed Forces who is + serving on active duty and who provides, on or before the date + of loan closing, evidence of having been awarded the Purple + Heart''. (d) Effective Date.--The amendments made by this section shall apply with respect to a loan guaranteed under section 3710 of title 38, United States Code, on or after January 1, 2020. - (e) Guidance.--Notwithstanding section 501 of such title, the -Secretary of Veterans Affairs may issue guidance to implement this -section before prescribing new regulations under sections 3703 and 3729 -of such title, as amended by subsections (a), (b), and (c). + (e) Guidance.--Notwithstanding section 501 of title 38, United +States Code, the Secretary of Veterans Affairs may issue guidance to +implement this section before prescribing new regulations under +sections 3703, 3729, and 3762 of such title, as amended by this +section. SEC. 7. INFORMATION GATHERING FOR DEPARTMENT OF VETERANS AFFAIRS HOME LOAN APPRAISALS. @@ -507,4 +567,31 @@ or after January 1, 2020. Secretary of Veterans Affairs may issue guidance to implement this section before prescribing new regulations under sections 3731 of such title, as amended by subsection (a). - \ No newline at end of file + +SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives May 14, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 299 + +_______________________________________________________________________ + + AN ACT + +To amend title 38, United States Code, to clarify presumptions relating + to the exposure of certain veterans who served in the vicinity of the + Republic of Vietnam, and for other purposes. From 676cb4bdfc575930b3d0ff7bebb70412996c2d97 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 022/984] House-299: Received in Senate --- bills_text/House-299.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-299.txt b/bills_text/House-299.txt index 92088e0..36504a1 100644 --- a/bills_text/House-299.txt +++ b/bills_text/House-299.txt @@ -2,6 +2,16 @@ 1st Session H. R. 299 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 15, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -581,17 +591,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 299 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, -To amend title 38, United States Code, to clarify presumptions relating - to the exposure of certain veterans who served in the vicinity of the - Republic of Vietnam, and for other purposes. + Clerk. From aac25187a4f3d52ee7185ba6f4ddebd6c19ad58c Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 023/984] House-299: Enrolled --- bills_text/House-299.txt | 512 ++++++++++++++++++--------------------- 1 file changed, 239 insertions(+), 273 deletions(-) diff --git a/bills_text/House-299.txt b/bills_text/House-299.txt index 36504a1..1a65935 100644 --- a/bills_text/House-299.txt +++ b/bills_text/House-299.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 299 + H.R.299 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - May 15, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act @@ -24,19 +23,15 @@ To amend title 38, United States Code, to clarify presumptions relating Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Blue Water Navy Vietnam Veterans Act of 2019''. - SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO - SERVED IN VICINITY OF REPUBLIC OF VIETNAM. - +SERVED IN VICINITY OF REPUBLIC OF VIETNAM. (a) In General.--Chapter 11 of title 38, United States Code, is amended by inserting after section 1116 the following new section: ``Sec. 1116A. Presumptions of service connection for veterans who - served offshore of the Republic of Vietnam + served offshore of the Republic of Vietnam ``(a) Service Connection.--For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease covered by section 1116 of this title becoming manifest as specified in that @@ -63,16 +58,15 @@ prior claim specified in clause (i) of such subparagraph as the date on which the individual filed the claim so awarded under this section. ``(B) An individual described in this subparagraph is a veteran, or a survivor of a veteran, who meets the following criteria: - ``(i) The veteran or survivor submitted a claim for - disability compensation on or after September 25, 1985, and - before January 1, 2020, for a disease covered by this section, - and the claim was denied by reason of the claim not - establishing that the disease was incurred or aggravated by the - service of the veteran. - ``(ii) The veteran or survivor submits a claim for - disability compensation on or after January 1, 2020, for the - same condition covered by the prior claim under clause (i), and - the claim is approved pursuant to this section. + ``(i) The veteran or survivor submitted a claim for disability + compensation on or after September 25, 1985, and before January 1, + 2020, for a disease covered by this section, and the claim was + denied by reason of the claim not establishing that the disease was + incurred or aggravated by the service of the veteran. + ``(ii) The veteran or survivor submits a claim for disability + compensation on or after January 1, 2020, for the same condition + covered by the prior claim under clause (i), and the claim is + approved pursuant to this section. ``(d) Determination of Offshore.--Notwithstanding any other provision of law, for purposes of this section, the Secretary shall treat a location as being offshore of Vietnam if the location is not @@ -108,6 +102,7 @@ At Ly Son Islet, Nghia Binh Province At Con Co Island, Binh Tri Thien Province 1710.0' 10720.6' ---------------------------------------------------------------------------------------------------------------- + ``(e) Herbicide Agent.--In this section, the term `herbicide agent' has the meaning given that term in section 1116(a)(3) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of @@ -115,64 +110,59 @@ such chapter is amended by inserting after the item relating to section 1116 the following new item: ``1116A. Presumptions of service connection for veterans who served - offshore of the Republic of Vietnam.''. + offshore of the Republic of Vietnam.''. + (c) Implementation.-- - (1) Guidance.--Notwithstanding section 501 of such title, - the Secretary of Veterans Affairs may issue guidance to - implement section 1116A of title 38, United States Code, as - added by subsection (a), before prescribing new regulations - under such section. - (2) Updates.--(A) Not later than 120 days after the date of - the enactment of this Act, the Secretary shall submit a report - to the Committees on Veterans' Affairs of the House of - Representatives and the Senate regarding the plans of the - Secretary-- - (i) to conduct outreach under subsection (d); and - (ii) to respond to inquiries from veterans - regarding claims for disability compensation under - section 1116A of title 38, United States Code, as added - by subsection (a) of this section. - (B) On a quarterly basis during the period beginning on the - date of the enactment of this Act and ending on the date on - which regulations are prescribed to carry out such section - 1116A, the Secretary shall submit to the Committees on - Veterans' Affairs of the House of Representatives and the - Senate updates on the status of such regulations. - (3) Pending cases.-- - (A) Authority to stay.--The Secretary may stay a - claim described in subparagraph (B) until the date on - which the Secretary commences the implementation of - such section 1116A. - (B) Claims described.--A claim described in this - subparagraph is a claim for disability compensation-- - (i) relating to the service and diseases - covered by such section 1116A; and - (ii) that is pending at the Veterans - Benefits Administration or the Board of - Veterans' Appeals on or after the date of the - enactment of this Act and before the date on - which the Secretary commences the - implementation of such section 1116A. + (1) Guidance.--Notwithstanding section 501 of such title, the + Secretary of Veterans Affairs may issue guidance to implement + section 1116A of title 38, United States Code, as added by + subsection (a), before prescribing new regulations under such + section. + (2) Updates.--(A) Not later than 120 days after the date of the + enactment of this Act, the Secretary shall submit a report to the + Committees on Veterans' Affairs of the House of Representatives and + the Senate regarding the plans of the Secretary-- + (i) to conduct outreach under subsection (d); and + (ii) to respond to inquiries from veterans regarding claims + for disability compensation under section 1116A of title 38, + United States Code, as added by subsection (a) of this section. + (B) On a quarterly basis during the period beginning on the + date of the enactment of this Act and ending on the date on which + regulations are prescribed to carry out such section 1116A, the + Secretary shall submit to the Committees on Veterans' Affairs of + the House of Representatives and the Senate updates on the status + of such regulations. + (3) Pending cases.-- + (A) Authority to stay.--The Secretary may stay a claim + described in subparagraph (B) until the date on which the + Secretary commences the implementation of such section 1116A. + (B) Claims described.--A claim described in this + subparagraph is a claim for disability compensation-- + (i) relating to the service and diseases covered by + such section 1116A; and + (ii) that is pending at the Veterans Benefits + Administration or the Board of Veterans' Appeals on or + after the date of the enactment of this Act and before the + date on which the Secretary commences the implementation of + such section 1116A. (d) Outreach.-- - (1) Requirement.--The Secretary of Veterans Affairs shall - conduct outreach to inform veterans described in paragraph (2) - of the ability to submit a claim for disability compensation - under section 1116A of title 38, United States Code, as added - by subsection (a). Such outreach shall include the following: - (A) The Secretary shall publish on the website of - the Department a notice that a veterans described in - paragraph (2) may submit or resubmit a claim for - disability compensation under such section 1116A. - (B) The Secretary shall notify in writing the - veteran service organization community of the ability - of veterans described in paragraph (2) to submit or - resubmit claims for disability compensation under such - section 1116A. - (2) Veteran described.--A veteran described in this - paragraph is a veteran who, during active military, naval, or - air service, served offshore of the Republic of Vietnam during - the period beginning on January 9, 1962, and ending on May 7, - 1975. + (1) Requirement.--The Secretary of Veterans Affairs shall + conduct outreach to inform veterans described in paragraph (2) of + the ability to submit a claim for disability compensation under + section 1116A of title 38, United States Code, as added by + subsection (a). Such outreach shall include the following: + (A) The Secretary shall publish on the website of the + Department a notice that a veterans described in paragraph (2) + may submit or resubmit a claim for disability compensation + under such section 1116A. + (B) The Secretary shall notify in writing the veteran + service organization community of the ability of veterans + described in paragraph (2) to submit or resubmit claims for + disability compensation under such section 1116A. + (2) Veteran described.--A veteran described in this paragraph + is a veteran who, during active military, naval, or air service, + served offshore of the Republic of Vietnam during the period + beginning on January 9, 1962, and ending on May 7, 1975. (e) Reports.--Not later than January 1, 2021, and annually thereafter for 2 years, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives @@ -181,24 +171,22 @@ under section 1116A of title 38, United States Code, as added by subsection (a). Each report shall include, with respect to the calendar year preceding the report, disaggregated by the regional offices of the Department of Veterans Affairs, the following: - (1) The number of claims filed under such section. - (2) The number of such claims granted. - (3) The number of such claims denied. + (1) The number of claims filed under such section. + (2) The number of such claims granted. + (3) The number of such claims denied. (f) Health Care.--Section 1710(e)(4) of title 38, United States Code, is amended by inserting ``(including offshore of such Republic as described in section 1116A(d) of this title)'' after ``served on active duty in the Republic of Vietnam''. (g) Effective Date.--The amendments made by this section shall take effect on January 1, 2020. - SEC. 3. PRESUMPTION OF HERBICIDE EXPOSURE FOR CERTAIN VETERANS WHO - SERVED IN KOREA. - +SERVED IN KOREA. (a) In General.--Chapter 11 of title 38, United States Code, is amended by inserting after section 1116A, as added by section 2, the following new section: ``Sec. 1116B. Presumption of herbicide exposure for certain veterans - who served in Korea + who served in Korea ``(a) Presumption of Service-Connection.--(1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) that becomes manifest as @@ -212,16 +200,15 @@ during active military, naval, or air service, served in or near the Korean Demilitarized Zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971. ``(b) Diseases.--A disease specified in this subsection is-- - ``(1) a disease specified in paragraph (2) of subsection - (a) of section 1116 of this title that becomes manifest as - specified in that paragraph; or - ``(2) any additional disease that-- - ``(A) the Secretary determines in regulations - warrants a presumption of service-connection by reason - of having positive association with exposure to an - herbicide agent; and - ``(B) becomes manifest within any period prescribed - in such regulations. + ``(1) a disease specified in paragraph (2) of subsection (a) of + section 1116 of this title that becomes manifest as specified in + that paragraph; or + ``(2) any additional disease that-- + ``(A) the Secretary determines in regulations warrants a + presumption of service-connection by reason of having positive + association with exposure to an herbicide agent; and + ``(B) becomes manifest within any period prescribed in such + regulations. ``(c) Herbicide Agent.--For purposes of this section, the term `herbicide agent' has the meaning given such term in section 1821(d) of this title.''. @@ -230,53 +217,49 @@ such chapter is amended by inserting after the item relating to section 1116A, as added by section 2, the following new item: ``1116B. Presumption of herbicide exposure for certain veterans who - served in Korea.''. + served in Korea.''. + (c) Implementation.-- - (1) Guidance.--Notwithstanding section 501 of such title, - the Secretary of Veterans Affairs may issue guidance to - implement section 1116B of title 38, United States Code, as - added by subsection (a), before prescribing new regulations - under such section. - (2) Updates.--(A) Not later than 120 days after the date of - the enactment of this Act, the Secretary shall submit a report - to the Committees on Veterans' Affairs of the House of - Representatives and the Senate regarding the plans of the - Secretary to respond to inquiries from veterans regarding - claims for disability compensation under section 1116B of title - 38, United States Code, as added by subsection (a) of this - section. - (B) On a quarterly basis during the period beginning on the - date of the enactment of this Act and ending on the date on - which regulations are prescribed to carry out such section - 1116B, the Secretary shall submit to the Committees on - Veterans' Affairs of the House of Representatives and the - Senate updates on the status of such regulations. - (3) Pending cases.-- - (A) Authority to stay.--The Secretary may stay a - claim described in subparagraph (B) until the date on - which the Secretary commences the implementation of - section 1116B of title 38, United States Code, as added - by subsection (a). - (B) Claims described.--A claim described in this - subparagraph is a claim for disability compensation-- - (i) relating to the service and diseases - covered by such section 1116B; and - (ii) that is pending at the Veterans - Benefits Administration or the Board of - Veterans' Appeals on or after the date of the - enactment of this Act and before the date on - which the Secretary commences the - implementation of such section 1116B. + (1) Guidance.--Notwithstanding section 501 of such title, the + Secretary of Veterans Affairs may issue guidance to implement + section 1116B of title 38, United States Code, as added by + subsection (a), before prescribing new regulations under such + section. + (2) Updates.--(A) Not later than 120 days after the date of the + enactment of this Act, the Secretary shall submit a report to the + Committees on Veterans' Affairs of the House of Representatives and + the Senate regarding the plans of the Secretary to respond to + inquiries from veterans regarding claims for disability + compensation under section 1116B of title 38, United States Code, + as added by subsection (a) of this section. + (B) On a quarterly basis during the period beginning on the + date of the enactment of this Act and ending on the date on which + regulations are prescribed to carry out such section 1116B, the + Secretary shall submit to the Committees on Veterans' Affairs of + the House of Representatives and the Senate updates on the status + of such regulations. + (3) Pending cases.-- + (A) Authority to stay.--The Secretary may stay a claim + described in subparagraph (B) until the date on which the + Secretary commences the implementation of section 1116B of + title 38, United States Code, as added by subsection (a). + (B) Claims described.--A claim described in this + subparagraph is a claim for disability compensation-- + (i) relating to the service and diseases covered by + such section 1116B; and + (ii) that is pending at the Veterans Benefits + Administration or the Board of Veterans' Appeals on or + after the date of the enactment of this Act and before the + date on which the Secretary commences the implementation of + such section 1116B. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2020. - SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN - WITH SPINA BIFIDA. - +WITH SPINA BIFIDA. (a) In General.--Subchapter III of chapter 18 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1822. Benefits for children of certain Thailand service veterans - born with spina bifida + born with spina bifida ``(a) Benefits Authorized.--The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and @@ -292,13 +275,13 @@ bifida occulta. section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who-- - ``(1) served in the active military, naval, or air service - in Thailand, as determined by the Secretary in consultation - with the Secretary of Defense, during the period beginning on - January 9, 1962, and ending on May 7, 1975; and - ``(2) is determined by the Secretary, in consultation with - the Secretary of Defense, to have been exposed to a herbicide - agent during such service in Thailand. + ``(1) served in the active military, naval, or air service in + Thailand, as determined by the Secretary in consultation with the + Secretary of Defense, during the period beginning on January 9, + 1962, and ending on May 7, 1975; and + ``(2) is determined by the Secretary, in consultation with the + Secretary of Defense, to have been exposed to a herbicide agent + during such service in Thailand. ``(d) Herbicide Agent.--For purposes of this section, the term `herbicide agent' means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined @@ -306,91 +289,86 @@ by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975.''. (b) Conforming Amendment to Definition of ``Child''.--Section 1831(1) of such title is amended-- - (1) in subparagraph (B)-- - (A) by striking ``subchapter III of this chapter'' - and inserting ``section 1821 of this title''; and - (B) in clause (i), by striking ``section 1821 of - this title'' and inserting ``that section''; and - (2) by adding at the end the following new subparagraph: - ``(C) For purposes of section 1822 of this title, - an individual, regardless of age or marital status, - who-- - ``(i) is the natural child of a veteran of - covered service in Thailand (as determined for - purposes of that section); and - ``(ii) was conceived after the date on - which that veteran first entered service - described in subsection (c) of that section.''. + (1) in subparagraph (B)-- + (A) by striking ``subchapter III of this chapter'' and + inserting ``section 1821 of this title''; and + (B) in clause (i), by striking ``section 1821 of this + title'' and inserting ``that section''; and + (2) by adding at the end the following new subparagraph: + ``(C) For purposes of section 1822 of this title, an + individual, regardless of age or marital status, who-- + ``(i) is the natural child of a veteran of covered + service in Thailand (as determined for purposes of that + section); and + ``(ii) was conceived after the date on which that + veteran first entered service described in subsection (c) + of that section.''. (c) Clerical Amendments.-- - (1) Subchapter heading.--The heading for subchapter III of - chapter 18 of such title is amended by inserting ``AND - THAILAND'' after ``KOREA''. - (2) Table of sections.--The table of sections at the - beginning of chapter 18 of such title is amended-- - (A) by striking the item relating to subchapter III - and inserting the following new item: - - ``subchapter iii--children of certain korea and thailand service + (1) Subchapter heading.--The heading for subchapter III of + chapter 18 of such title is amended by inserting ``AND THAILAND'' + after ``KOREA''. + (2) Table of sections.--The table of sections at the beginning + of chapter 18 of such title is amended-- + (A) by striking the item relating to subchapter III and + inserting the following new item: + + ``subchapter iii--children of certain korea and thailand service veterans born with spina bifida''; - and - (B) by inserting after the item relating to section - 1821 the following new item: + and + (B) by inserting after the item relating to section 1821 + the following new item: ``1822. Benefits for children of certain Thailand service veterans born - with spina bifida.''. + with spina bifida.''. + (d) Implementation.-- - (1) Guidance.--Notwithstanding section 501 of such title, - the Secretary of Veterans Affairs may issue guidance to - implement section 1822 of title 38, United States Code, as - added by subsection (a), before prescribing new regulations - under such section. - (2) Updates.--(A) Not later than 120 days after the date of - the enactment of this Act, the Secretary shall submit a report - to the Committees on Veterans' Affairs of the House of - Representatives and the Senate regarding the plans of the - Secretary to respond to inquiries from veterans regarding - claims for disability compensation under section 1822 of title - 38, United States Code, as added by subsection (a) of this - section. - (B) On a quarterly basis during the period beginning on the - date of the enactment of this Act and ending on the date on - which regulations are prescribed to carry out such section - 1822, the Secretary shall submit to the Committees on Veterans' - Affairs of the House of Representatives and the Senate updates - on the status of such regulations. - (3) Pending cases.-- - (A) Authority to stay.--The Secretary may stay a - claim described in subparagraph (B) until the date on - which the Secretary commences the implementation of - section 1822 of title 38, United States Code, as added - by subsection (a). - (B) Claims described.--A claim described in this - subparagraph is a claim for benefits-- - (i) relating to the spina bifida and - service covered by such section 1822; and - (ii) that is pending at the Veterans - Benefits Administration or the Board of - Veterans' Appeals on or after the date of the - enactment of this Act and before the date on - which the Secretary commences the - implementation of such section 1822. + (1) Guidance.--Notwithstanding section 501 of such title, the + Secretary of Veterans Affairs may issue guidance to implement + section 1822 of title 38, United States Code, as added by + subsection (a), before prescribing new regulations under such + section. + (2) Updates.--(A) Not later than 120 days after the date of the + enactment of this Act, the Secretary shall submit a report to the + Committees on Veterans' Affairs of the House of Representatives and + the Senate regarding the plans of the Secretary to respond to + inquiries from veterans regarding claims for disability + compensation under section 1822 of title 38, United States Code, as + added by subsection (a) of this section. + (B) On a quarterly basis during the period beginning on the + date of the enactment of this Act and ending on the date on which + regulations are prescribed to carry out such section 1822, the + Secretary shall submit to the Committees on Veterans' Affairs of + the House of Representatives and the Senate updates on the status + of such regulations. + (3) Pending cases.-- + (A) Authority to stay.--The Secretary may stay a claim + described in subparagraph (B) until the date on which the + Secretary commences the implementation of section 1822 of title + 38, United States Code, as added by subsection (a). + (B) Claims described.--A claim described in this + subparagraph is a claim for benefits-- + (i) relating to the spina bifida and service covered by + such section 1822; and + (ii) that is pending at the Veterans Benefits + Administration or the Board of Veterans' Appeals on or + after the date of the enactment of this Act and before the + date on which the Secretary commences the implementation of + such section 1822. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report identifying-- - (1) the military installations of the United States located - in Thailand during the period beginning on January 9, 1962, and - ending on May 7, 1975, at which an herbicide agent (as defined - in section 1822 of title 38, United States Code, as added by - subsection (a)) was actively used; and - (2) the period of such use. + (1) the military installations of the United States located in + Thailand during the period beginning on January 9, 1962, and ending + on May 7, 1975, at which an herbicide agent (as defined in section + 1822 of title 38, United States Code, as added by subsection (a)) + was actively used; and + (2) the period of such use. (f) Effective Date.--The amendments made by this section shall take effect on January 1, 2020. - SEC. 5. UPDATED REPORT ON CERTAIN GULF WAR ILLNESS STUDY. - Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an @@ -398,30 +376,25 @@ updated report on the findings, as of the date of the updated report, of the Follow-up Study of a National Cohort of Gulf War and Gulf Era Veterans under the epidemiology program of the Department of Veterans Affairs. - SEC. 6. LOANS GUARANTEED UNDER HOME LOAN PROGRAM OF DEPARTMENT OF - VETERANS AFFAIRS. - +VETERANS AFFAIRS. (a) Adjustment of Loan Limit.-- - (1) In general.--Section 3703(a)(1) of title 38, United - States Code, is amended-- - (A) in subparagraph (A)-- - (i) in clause (i)(IV), by striking ``the - lesser of the maximum guaranty amount (as - defined in subparagraph (C)) or''; and - (ii) in clause (ii), by striking - ``subparagraph (B) of this paragraph'' and - inserting ``subparagraph (B) or (C)''; - (B) in subparagraph (B)-- - (i) by striking ``The maximum'' and - inserting ``With respect to loans described in - subclauses (I), (II), or (III) of subparagraph - (A)(i), the maximum''; and - (ii) by striking ``or in the case'' and all - that follows through ``subparagraph (C)),''; - and - (C) by striking subparagraph (C) and inserting the - following new subparagraph (C): + (1) In general.--Section 3703(a)(1) of title 38, United States + Code, is amended-- + (A) in subparagraph (A)-- + (i) in clause (i)(IV), by striking ``the lesser of the + maximum guaranty amount (as defined in subparagraph (C)) + or''; and + (ii) in clause (ii), by striking ``subparagraph (B) of + this paragraph'' and inserting ``subparagraph (B) or (C)''; + (B) in subparagraph (B)-- + (i) by striking ``The maximum'' and inserting ``With + respect to loans described in subclauses (I), (II), or + (III) of subparagraph (A)(i), the maximum''; and + (ii) by striking ``or in the case'' and all that + follows through ``subparagraph (C)),''; and + (C) by striking subparagraph (C) and inserting the + following new subparagraph (C): ``(C)(i) With respect to loans described in subclause (IV) of subparagraph (A)(i) made to a veteran not covered by clause (ii), the maximum amount of guaranty entitlement available to the veteran shall @@ -433,23 +406,23 @@ the Freddie Mac conforming loan limit, reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 3702(b) of this title. ``(iii) In this subparagraph: - ``(I) The term `covered veteran' means a veteran who has - previously used entitlement under this chapter and for whom the - full amount of entitlement so used has not been restored as a - result of the exclusion in section 3702(b) of this title. - ``(II) The term `Freddie Mac conforming loan limit' means - the limit determined under section 305(a)(2) of the Federal - Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a - single-family residence, as adjusted for the year involved.''. - (2) Loans to native american veterans.--Section 3762(c) of - such title is amended-- - (A) by striking paragraph (1); and - (B) by redesignating paragraphs (2) and (3) as - paragraphs (1) and (2), respectively. - (3) Conforming amendment.--Section 3710(d)(4) of such title - is amended by striking ``section 3703(a)(1)(B) of this title'' - and inserting ``subparagraph (B) or (C) of section 3703(a)(1) - of this title''. + ``(I) The term `covered veteran' means a veteran who has + previously used entitlement under this chapter and for whom the + full amount of entitlement so used has not been restored as a + result of the exclusion in section 3702(b) of this title. + ``(II) The term `Freddie Mac conforming loan limit' means the + limit determined under section 305(a)(2) of the Federal Home Loan + Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family + residence, as adjusted for the year involved.''. + (2) Loans to native american veterans.--Section 3762(c) of such + title is amended-- + (A) by striking paragraph (1); and + (B) by redesignating paragraphs (2) and (3) as paragraphs + (1) and (2), respectively. + (3) Conforming amendment.--Section 3710(d)(4) of such title is + amended by striking ``section 3703(a)(1)(B) of this title'' and + inserting ``subparagraph (B) or (C) of section 3703(a)(1) of this + title''. (b) Adjustment of Loan Fees.--Section 3729(b)(2) of title 38, United States Code, is amended by striking the loan fee table and inserting the following: @@ -542,15 +515,15 @@ inserting the following: (J) Loan under section 3733(a) 2.25 2.25 2.25''. ---------------------------------------------------------------------------------------------------------------- + (c) Waiver of Fees for Purple Heart Recipients.--Section 3729(c)(1) of such title is amended-- - (1) by striking ``or from a surviving spouse'' and - inserting ``, from a surviving spouse''; and - (2) by inserting before the period at the end the - following: ``, or from a member of the Armed Forces who is - serving on active duty and who provides, on or before the date - of loan closing, evidence of having been awarded the Purple - Heart''. + (1) by striking ``or from a surviving spouse'' and inserting + ``, from a surviving spouse''; and + (2) by inserting before the period at the end the following: + ``, or from a member of the Armed Forces who is serving on active + duty and who provides, on or before the date of loan closing, + evidence of having been awarded the Purple Heart''. (d) Effective Date.--The amendments made by this section shall apply with respect to a loan guaranteed under section 3710 of title 38, United States Code, on or after January 1, 2020. @@ -559,10 +532,8 @@ States Code, the Secretary of Veterans Affairs may issue guidance to implement this section before prescribing new regulations under sections 3703, 3729, and 3762 of such title, as amended by this section. - SEC. 7. INFORMATION GATHERING FOR DEPARTMENT OF VETERANS AFFAIRS HOME - LOAN APPRAISALS. - +LOAN APPRAISALS. (a) In General.--Section 3731(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) The Secretary shall permit an appraiser on a list developed @@ -577,9 +548,7 @@ or after January 1, 2020. Secretary of Veterans Affairs may issue guidance to implement this section before prescribing new regulations under sections 3731 of such title, as amended by subsection (a). - SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -587,10 +556,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives May 14, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 4e7e1fa9153229676a1a57ae1f6d22b8535a9fb9 Mon Sep 17 00:00:00 2001 From: "Rep. Neal, Richard E. [D-MA-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 024/984] House-430: Introduced to House --- bills_text/House-430.txt | 45 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-430.txt diff --git a/bills_text/House-430.txt b/bills_text/House-430.txt new file mode 100644 index 0000000..8b599a1 --- /dev/null +++ b/bills_text/House-430.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 430 + + To extend the program of block grants to States for temporary + assistance for needy families and related programs through June 30, + 2019. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 10, 2019 + + Mr. Neal (for himself and Mr. Brady) introduced the following bill; + which was referred to the Committee on Ways and Means + +_______________________________________________________________________ + + A BILL + + + + To extend the program of block grants to States for temporary + assistance for needy families and related programs through June 30, + 2019. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``TANF Extension Act of 2019''. + +SEC. 2. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES + PROGRAM AND RELATED PROGRAMS THROUGH JUNE 30, 2019. + + Activities authorized by part A of title IV and section 1108(b) of +the Social Security Act shall continue through June 30, 2019, in the +manner authorized for fiscal year 2018, and out of any money in the +Treasury of the United States not otherwise appropriated, there are +hereby appropriated such sums as may be necessary for such purpose. + \ No newline at end of file From 22d1214ba7532b3751895ec57b795ec956ab3ed0 Mon Sep 17 00:00:00 2001 From: "Rep. Neal, Richard E. [D-MA-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 025/984] House-430: Engrossed in House --- bills_text/House-430.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-430.txt b/bills_text/House-430.txt index 8b599a1..c982bef 100644 --- a/bills_text/House-430.txt +++ b/bills_text/House-430.txt @@ -2,24 +2,9 @@ 1st Session H. R. 430 - To extend the program of block grants to States for temporary - assistance for needy families and related programs through June 30, - 2019. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 10, 2019 - - Mr. Neal (for himself and Mr. Brady) introduced the following bill; - which was referred to the Committee on Ways and Means - -_______________________________________________________________________ - - A BILL + AN ACT @@ -42,4 +27,22 @@ the Social Security Act shall continue through June 30, 2019, in the manner authorized for fiscal year 2018, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. - \ No newline at end of file + + Passed the House of Representatives January 14, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 430 + +_______________________________________________________________________ + + AN ACT + + To extend the program of block grants to States for temporary + assistance for needy families and related programs through June 30, + 2019. From d3f47d2ad8eb90edb1e449d35cbc1cc454e55f32 Mon Sep 17 00:00:00 2001 From: "Rep. Neal, Richard E. [D-MA-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 026/984] House-430: Received in Senate --- bills_text/House-430.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-430.txt b/bills_text/House-430.txt index c982bef..66e12ef 100644 --- a/bills_text/House-430.txt +++ b/bills_text/House-430.txt @@ -2,6 +2,16 @@ 1st Session H. R. 430 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 15, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -32,17 +42,6 @@ hereby appropriated such sums as may be necessary for such purpose. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 430 - -_______________________________________________________________________ - - AN ACT + KAREN L. HAAS, - To extend the program of block grants to States for temporary - assistance for needy families and related programs through June 30, - 2019. + Clerk. From 3adf0764eb77295c76b7b9088863af112d3204a6 Mon Sep 17 00:00:00 2001 From: "Rep. Neal, Richard E. [D-MA-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 027/984] House-430: Enrolled --- bills_text/House-430.txt | 37 ++++++++++++++----------------------- 1 file changed, 14 insertions(+), 23 deletions(-) diff --git a/bills_text/House-430.txt b/bills_text/House-430.txt index 66e12ef..c6eda2a 100644 --- a/bills_text/House-430.txt +++ b/bills_text/House-430.txt @@ -1,47 +1,38 @@ -116th CONGRESS - 1st Session - H. R. 430 + H.R.430 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - January 15, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act - To extend the program of block grants to States for temporary - assistance for needy families and related programs through June 30, - 2019. +To extend the program of block grants to States for temporary assistance + for needy families and related programs through June 30, 2019. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``TANF Extension Act of 2019''. - SEC. 2. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES - PROGRAM AND RELATED PROGRAMS THROUGH JUNE 30, 2019. - +PROGRAM AND RELATED PROGRAMS THROUGH JUNE 30, 2019. Activities authorized by part A of title IV and section 1108(b) of the Social Security Act shall continue through June 30, 2019, in the manner authorized for fiscal year 2018, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. - Passed the House of Representatives January 14, 2019. - - Attest: - - KAREN L. HAAS, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 2031333ae29993cc48b77978353c2ec46bf7ff5a Mon Sep 17 00:00:00 2001 From: "Rep. Jackson Lee, Sheila [D-TX-18]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 028/984] House-434: Introduced to House --- bills_text/House-434.txt | 83 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 83 insertions(+) create mode 100644 bills_text/House-434.txt diff --git a/bills_text/House-434.txt b/bills_text/House-434.txt new file mode 100644 index 0000000..cec890d --- /dev/null +++ b/bills_text/House-434.txt @@ -0,0 +1,83 @@ +116th CONGRESS + 1st Session + H. R. 434 + + To designate the Emancipation National Historic Trail, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 10, 2019 + + Ms. Jackson Lee (for herself, Mr. Lewis, Ms. Bass, Ms. Moore, Mr. +Johnson of Georgia, Mrs. Demings, Mr. Espaillat, Mr. Hurd of Texas, Mr. +Green of Texas, Ms. Garcia of Texas, Mr. Cleaver, Mr. Butterfield, and + Mr. Higgins of New York) introduced the following bill; which was + referred to the Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To designate the Emancipation National Historic Trail, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Emancipation National Historic Trail +Act''. + +SEC. 2. DESIGNATION OF EMANCIPATION NATIONAL HISTORIC TRAIL. + + (a) Designation of Emancipation National Historic Trail.--Section +5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended +by adding at the end the following: + ``(__) Emancipation national historic trail.-- + ``(A) In general.--Notwithstanding the results of + the study conducted under subsection (c)(__), the + Emancipation National Historic Trail, extending + approximately 51 miles from the Osterman Building and + Reedy Chapel in Galveston, Texas, along Texas State + Highway 3 and Interstate Highway 45 North, to + Freedmen's Town and Emancipation Park in Houston, + Texas, following the migration route taken by newly + freed slaves and other persons of African descent from + the major 19th century seaport town of Galveston to the + burgeoning community of Freedmen's Town, located in the + 4th Ward of Houston, Texas. + ``(B) Administration.--The trail shall be + administered by the National Park Service, in + cooperation with the relevant Federal, State, and local + authorities. + ``(C) Map.--The Secretary of the Interior shall + make the map described in section 5(c)(__)(B) available + for public inspection in the appropriate offices of the + Secretary.''. + (b) Study of Emancipation National Historic Trail.--Section 5(c) of +the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding +at the end the following: + ``(__)(A) In general.--The Emancipation National Historic + Trail, extending approximately 51 miles from the Osterman + Building and Reedy Chapel in Galveston, Texas, along Texas + State Highway 3 and Interstate Highway 45 North, to Freedmen's + Town and Emancipation Park in Houston, Texas. + ``(B) Map.--The Secretary of the Interior shall include in + the study a map of the trail described in subparagraph (A). + ``(C) Completion date.--The study shall be completed not + later than one year after the date of the enactment of this + paragraph.''. + (c) Authorization of Appropriations.--There is authorized +$5,000,000 for purposes of this Act. + (d) Date of Enactment of Designation.--Subsection (a) shall be +enacted upon the date that the study required by the amendment made in +subsection (b) has been submitted to Congress. + \ No newline at end of file From bafcfae55830a75e4d7e2f135c9068840f6f02ac Mon Sep 17 00:00:00 2001 From: "Rep. Jackson Lee, Sheila [D-TX-18]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 029/984] House-434: Engrossed in House --- bills_text/House-434.txt | 102 ++++++++++++++------------------------- 1 file changed, 36 insertions(+), 66 deletions(-) diff --git a/bills_text/House-434.txt b/bills_text/House-434.txt index cec890d..cf920f9 100644 --- a/bills_text/House-434.txt +++ b/bills_text/House-434.txt @@ -2,82 +2,52 @@ 1st Session H. R. 434 - To designate the Emancipation National Historic Trail, and for other - purposes. +_______________________________________________________________________ + AN ACT -_______________________________________________________________________ + +To amend the National Trails System Act to provide for the study of the + Emancipation National Historic Trail, and for other purposes. - IN THE HOUSE OF REPRESENTATIVES + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, - January 10, 2019 +SECTION 1. SHORT TITLE. - Ms. Jackson Lee (for herself, Mr. Lewis, Ms. Bass, Ms. Moore, Mr. -Johnson of Georgia, Mrs. Demings, Mr. Espaillat, Mr. Hurd of Texas, Mr. -Green of Texas, Ms. Garcia of Texas, Mr. Cleaver, Mr. Butterfield, and - Mr. Higgins of New York) introduced the following bill; which was - referred to the Committee on Natural Resources + This Act may be cited as the ``Emancipation National Historic Trail +Study Act''. -_______________________________________________________________________ +SEC. 2. EMANCIPATION NATIONAL HISTORIC TRAIL STUDY. - A BILL + Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) +is amended by adding at the end the following: + ``(47) Emancipation national historic trail.--The + Emancipation National Historic Trail, extending approximately + 51 miles from the Osterman Building and Reedy Chapel in + Galveston, Texas, along Texas State Highway 3 and Interstate + Highway 45 North, to Freedmen's Town, then to Independence + Heights and Emancipation Park in Houston, Texas, following the + migration route taken by newly freed slaves and other persons + of African descent from the major 19th century seaport town of + Galveston to the burgeoning community of Freedmen's Town, + located in the 4th Ward of Houston, Texas.''. + Passed the House of Representatives July 24, 2019. - - To designate the Emancipation National Historic Trail, and for other - purposes. + Attest: - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, + Clerk. +116th CONGRESS -SECTION 1. SHORT TITLE. + 1st Session - This Act may be cited as the ``Emancipation National Historic Trail -Act''. - -SEC. 2. DESIGNATION OF EMANCIPATION NATIONAL HISTORIC TRAIL. - - (a) Designation of Emancipation National Historic Trail.--Section -5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended -by adding at the end the following: - ``(__) Emancipation national historic trail.-- - ``(A) In general.--Notwithstanding the results of - the study conducted under subsection (c)(__), the - Emancipation National Historic Trail, extending - approximately 51 miles from the Osterman Building and - Reedy Chapel in Galveston, Texas, along Texas State - Highway 3 and Interstate Highway 45 North, to - Freedmen's Town and Emancipation Park in Houston, - Texas, following the migration route taken by newly - freed slaves and other persons of African descent from - the major 19th century seaport town of Galveston to the - burgeoning community of Freedmen's Town, located in the - 4th Ward of Houston, Texas. - ``(B) Administration.--The trail shall be - administered by the National Park Service, in - cooperation with the relevant Federal, State, and local - authorities. - ``(C) Map.--The Secretary of the Interior shall - make the map described in section 5(c)(__)(B) available - for public inspection in the appropriate offices of the - Secretary.''. - (b) Study of Emancipation National Historic Trail.--Section 5(c) of -the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding -at the end the following: - ``(__)(A) In general.--The Emancipation National Historic - Trail, extending approximately 51 miles from the Osterman - Building and Reedy Chapel in Galveston, Texas, along Texas - State Highway 3 and Interstate Highway 45 North, to Freedmen's - Town and Emancipation Park in Houston, Texas. - ``(B) Map.--The Secretary of the Interior shall include in - the study a map of the trail described in subparagraph (A). - ``(C) Completion date.--The study shall be completed not - later than one year after the date of the enactment of this - paragraph.''. - (c) Authorization of Appropriations.--There is authorized -$5,000,000 for purposes of this Act. - (d) Date of Enactment of Designation.--Subsection (a) shall be -enacted upon the date that the study required by the amendment made in -subsection (b) has been submitted to Congress. - \ No newline at end of file + H. R. 434 + +_______________________________________________________________________ + + AN ACT + +To amend the National Trails System Act to provide for the study of the + Emancipation National Historic Trail, and for other purposes. From 6e8b2a7d2fdea32daff4f61987f521ffe7d74cc4 Mon Sep 17 00:00:00 2001 From: "Rep. Jackson Lee, Sheila [D-TX-18]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 030/984] House-434: Enrolled --- bills_text/House-434.txt | 67 +++++++++++++++++----------------------- 1 file changed, 29 insertions(+), 38 deletions(-) diff --git a/bills_text/House-434.txt b/bills_text/House-434.txt index cf920f9..4189ce3 100644 --- a/bills_text/House-434.txt +++ b/bills_text/House-434.txt @@ -1,53 +1,44 @@ -116th CONGRESS - 1st Session - H. R. 434 + H.R.434 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the National Trails System Act to provide for the study of the - Emancipation National Historic Trail, and for other purposes. + Emancipation National Historic Trail, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Emancipation National Historic Trail Study Act''. - SEC. 2. EMANCIPATION NATIONAL HISTORIC TRAIL STUDY. - Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following: - ``(47) Emancipation national historic trail.--The - Emancipation National Historic Trail, extending approximately - 51 miles from the Osterman Building and Reedy Chapel in - Galveston, Texas, along Texas State Highway 3 and Interstate - Highway 45 North, to Freedmen's Town, then to Independence - Heights and Emancipation Park in Houston, Texas, following the - migration route taken by newly freed slaves and other persons - of African descent from the major 19th century seaport town of - Galveston to the burgeoning community of Freedmen's Town, - located in the 4th Ward of Houston, Texas.''. - - Passed the House of Representatives July 24, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 434 - -_______________________________________________________________________ - - AN ACT - -To amend the National Trails System Act to provide for the study of the - Emancipation National Historic Trail, and for other purposes. + ``(47) Emancipation national historic trail.--The Emancipation + National Historic Trail, extending approximately 51 miles from the + Osterman Building and Reedy Chapel in Galveston, Texas, along Texas + State Highway 3 and Interstate Highway 45 North, to Freedmen's + Town, then to Independence Heights and Emancipation Park in + Houston, Texas, following the migration route taken by newly freed + slaves and other persons of African descent from the major 19th + century seaport town of Galveston to the burgeoning community of + Freedmen's Town, located in the 4th Ward of Houston, Texas.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From ddf8864722f36878921512bc655c18d228aae945 Mon Sep 17 00:00:00 2001 From: "Rep. Langevin, James R. [D-RI-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 031/984] House-439: Introduced to House --- bills_text/House-439.txt | 318 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 318 insertions(+) create mode 100644 bills_text/House-439.txt diff --git a/bills_text/House-439.txt b/bills_text/House-439.txt new file mode 100644 index 0000000..1f98b54 --- /dev/null +++ b/bills_text/House-439.txt @@ -0,0 +1,318 @@ +116th CONGRESS + 1st Session + H. R. 439 + + To amend the charter of the Future Farmers of America, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 10, 2019 + +Mr. Langevin (for himself and Mr. Thompson of Pennsylvania) introduced + the following bill; which was referred to the Committee on the + Judiciary + +_______________________________________________________________________ + + A BILL + + + + To amend the charter of the Future Farmers of America, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National FFA Organization's Federal +Charter Amendments Act''. + +SEC. 2. ORGANIZATION. + + Section 70901 of title 36, United States Code, is amended-- + (1) in subsection (a), by striking ``corporation'' and + inserting ``FFA''; and + (2) in subsection (b), by striking ``corporation'' and + inserting ``FFA''. + +SEC. 3. PURPOSES OF THE CORPORATION. + + Section 70902 of title 36, United States Code, is amended-- + (1) in the matter preceding paragraph (1), by striking + ``corporation'' and inserting ``FFA''; + (2) by redesignating paragraphs (1) and (2) as paragraphs + (7) and (8), respectively; + (3) by striking paragraphs (3), (4), (6), and (7); + (4) by redesignating paragraph (5) as paragraph (11); + (5) by redesignating paragraphs (8) and (9) as paragraphs + (12) and (13), respectively; + (6) by inserting before paragraph (7), as redesignated by + paragraph (2), the following: + ``(1) to be an integral component of instruction in + agricultural education, including instruction relating to + agriculture, food, and natural resources; + ``(2) to advance comprehensive agricultural education in + the United States, including in public schools, by supporting + contextual classroom and laboratory instruction and work-based + experiential learning; + ``(3) to prepare students for successful entry into + productive careers in fields relating to agriculture, food, and + natural resources, including by connecting students to relevant + postsecondary educational pathways and focusing on the complete + delivery of classroom and laboratory instruction, work-based + experiential learning, and leadership development; + ``(4) to be a resource and support organization that does + not select, control, or supervise State association, local + chapter, or individual member activities; + ``(5) to develop educational materials, programs, services, + and events as a service to State and local agricultural + education agencies; + ``(6) to seek and promote inclusion and diversity in its + membership, leadership, and staff to reflect the belief of the + FFA in the value of all human beings;''; + (7) in paragraph (7), as redesignated by paragraph (2)-- + (A) by striking ``composed of students and former + students of vocational agriculture in public schools + qualifying for Federal reimbursement under the Smith- + Hughes Vocational Education Act (20 U.S.C. 11-15, 16- + 28''; and + (B) by inserting ``as such chapters and + associations carry out agricultural education programs + that are approved by States, territories, or + possessions'' after ``United States''; + (8) in paragraph (8), as redesignated by paragraph (2)-- + (A) by striking ``to develop'' and inserting ``to + build''; + (B) by striking ``train for useful citizenship, and + foster patriotism, and thereby'' and inserting ``and''; + and + (C) by striking ``aggressive rural and'' and + inserting ``assertive''; + (9) by inserting after paragraph (8), as redesignated by + paragraph (2), the following: + ``(9) to increase awareness of the global and technological + importance of agriculture, food, and natural resources, and the + way agriculture contributes to our well-being; + ``(10) to promote the intelligent choice and establishment + of a career in fields relating to agriculture, food, and + natural resources;''; + (10) in paragraph (11), as redesignated by paragraph (4)-- + (A) by striking ``to procure for and distribute to + State'' and inserting ``to make available to State''; + (B) by inserting ``, programs, services,'' before + ``and equipment''; and + (C) by striking ``corporation'' and inserting + ``FFA''; + (11) in paragraph (12), as redesignated by paragraph (5), + by striking ``State boards for vocational'' and inserting + ``State boards and officials for career and technical''; and + (12) in paragraph (13), as redesignated by paragraph (5), + by striking ``corporation'' and inserting ``FFA''. + +SEC. 4. MEMBERSHIP. + + Section 70903(a) of title 36, United States Code, is amended-- + (1) by striking ``corporation'' and inserting ``FFA''; and + (2) by striking ``as provided in the bylaws'' and inserting + ``as provided in the constitution or bylaws of the FFA''. + +SEC. 5. GOVERNING BODY. + + Section 70904 of title 36, United States Code, is amended-- + (1) in subsection (a)-- + (A) in paragraph (1), by striking ``corporation'' + and inserting ``FFA'' each place the term appears; + (B) by striking paragraphs (2) and (3) and + inserting the following: + ``(2) The board-- + ``(A) shall consist of-- + ``(i) the Secretary of Education, or the + Secretary of Education's designee who has + experience in agricultural education, the FFA, + or career and technical education; and + ``(ii) other individuals-- + ``(I) representing the fields of + education, agriculture, food, and + natural resources; or + ``(II) with experience working + closely with the FFA; and + ``(B) shall not include any individual who is a + current employee of the National FFA Organization. + ``(3) The number of directors, terms of office of the + directors, and the method of selecting the directors, are as + provided in the constitution or bylaws of the FFA.''; and + (C) in paragraph (4)-- + (i) in the first sentence, by striking + ``bylaws'' and inserting ``constitution or + bylaws of the FFA''; and + (ii) in the third sentence, by striking + ``chairman'' and inserting ``chair''; + (2) by striking subsection (b); and + (3) by inserting after subsection (a) the following: + ``(b) Officers.--The officers of the FFA, the terms of officers, +and the election of officers, are as provided in the constitution or +bylaws of the FFA, except that such officers shall include-- + ``(1) a national advisor; + ``(2) an executive secretary; and + ``(3) a treasurer. + ``(c) Governing Committee.-- + ``(1) The board may designate a governing committee. The + terms and method of selecting the governing committee members + are as provided in the constitution or bylaws of the FFA, + except that all members of the governing committee shall be + members of the board of directors and at all times the + governing committee shall be comprised of not less than 3 + individuals. + ``(2) When the board is not in session, the governing + committee has the powers of the board subject to the board's + direction and may authorize the seal of the FFA to be affixed + to all papers that require it. + ``(3) The board shall designate to such committee-- + ``(A) the chair of the board; + ``(B) the executive secretary of the board; and + ``(C) the treasurer of the board.''. + +SEC. 6. NATIONAL STUDENT OFFICERS. + + Section 70905 of title 36, United States Code, is amended-- + (1) by amending subsection (a) to read as follows: + ``(a) Composition.--There shall be not less than 6 national student +officers of the FFA, including a student president, 4 student vice +presidents (each representing regions as provided in the constitution +or bylaws of the corporation), and a student secretary.''; + (2) by striking subsection (b); + (3) by redesignating subsections (c) and (d) as subsections + (b) and (c), respectively; and + (4) in subsection (b), as so redesignated, by striking ``, + except that'' and all that follows through ``(20 U.S.C. 11-15, + 16-28)''. + +SEC. 7. POWERS. + + Section 70906 of title 36, United States Code, is amended-- + (1) in the matter preceding paragraph (1), by striking + ``corporation'' and inserting ``FFA''; + (2) in paragraph (2), by striking ``corporate''; + (3) in paragraph (4), by striking ``corporation'' and + inserting ``FFA''; + (4) in paragraph (6), by striking ``corporation'' and + inserting ``FFA''; + (5) by amending paragraph (8) to read as follows: + ``(8) use FFA funds to give prizes, awards, loans, and + grants to deserving members, local FFA chapters, and State FFA + associations to carry out the purposes of the FFA;''; + (6) by amending paragraph (9) to read as follows: + ``(9) produce publications, websites, and other media;''; + (7) in paragraph (10)-- + (A) by striking ``procure for and distribute to + State'' and inserting ``make available to State''; and + (B) by striking ``Future Farmers of America'' and + inserting ``FFA''; and + (8) in paragraph (12), by striking ``corporation'' and + inserting ``FFA''. + +SEC. 8. NAME, SEALS, EMBLEMS, AND BADGES. + + Section 70907 of title 36, United States Code, is amended-- + (1) by striking ``corporation'' and inserting ``FFA'' each + place the term appears; + (2) by striking ``name'' and inserting ``names''; + (3) by striking ```Future Farmers of America''' and + inserting ```Future Farmers of America' and `National FFA + Organization,'''; and + (4) by inserting ``education'' before ``membership''. + +SEC. 9. RESTRICTIONS. + + Section 70908 of title 36, United States Code, is amended-- + (1) in subsection (a), by striking ``corporation'' and + inserting ``FFA''; + (2) in subsection (b), by striking ``corporation or a + director, officer, or member as such'' and inserting ``FFA or a + director, officer, or member acting on behalf of the FFA''; + (3) in subsection (c), by striking ``corporation'' and + inserting ``FFA'' each place the term appears; and + (4) in subsection (d), in the first sentence, by striking + ``corporation'' and inserting ``FFA''. + +SEC. 10. RELATIONSHIP TO FEDERAL AGENCIES. + + Section 70909 of title 36, United States Code, is amended to read +as follows: + +``SEC. 70909. RELATIONSHIP TO FEDERAL AGENCIES. + + ``(a) In General.--On request of the board of directors, the FFA +may collaborate with Federal agencies, including the Department of +Education and the Department of Agriculture on matters of mutual +interest and benefit. + ``(b) Agency Assistance.--Those Federal agencies may make +personnel, services, and facilities available to administer or assist +in the administration of the activities of the FFA. + ``(c) Agency Compensation.--Personnel of the Federal agencies may +not receive compensation from the FFA for their services, except that +travel and other legitimate expenses as defined by the Federal agencies +and approved by the board may be paid. + ``(d) Cooperation With State Boards.--The Federal agencies also may +cooperate with State boards and other organizations for career and +technical education to assist in the promotion of activities of the +FFA.''. + +SEC. 11. HEADQUARTERS AND PRINCIPAL OFFICE. + + Section 70910 of title 36, United States Code, is amended by +striking ``of the corporation shall be in the District of Columbia. +However, the activities of the corporation are not confined to the +District of Columbia but'' and inserting ``of the FFA shall be as +provided in the constitution or bylaws of the FFA. The activities of +the FFA''. + +SEC. 12. RECORDS AND INSPECTION. + + Section 70911 of title 36, United States Code, is amended-- + (1) in subsection (a)-- + (A) by striking ``corporation'' and inserting + ``FFA''; and + (B) in paragraph (3), by striking ``entitled to + vote''; and + (2) in subsection (b), by striking ``corporation'' and + inserting ``FFA''. + +SEC. 13. SERVICE OF PROCESS. + + Section 70912 of title 36, United States Code, is amended-- + (1) in subsection (a)-- + (A) by striking ``District of Columbia'' and + inserting ``In General''; + (B) by striking ``corporation'' and inserting + ``FFA'' each place the term appears; + (C) by striking ``in the District of Columbia'' + before ``to receive''; and + (D) by striking ``Designation of the agent shall be + filed in the office of the clerk of the United States + District Court for the District of Columbia''; and + (2) in subsection (b)-- + (A) by striking ``corporation'' and inserting + ``FFA'' each place the term appears; and + (B) by inserting ``of the FFA'' after ``association + or chapter''. + +SEC. 14. LIABILITY FOR ACTS OF OFFICERS OR AGENTS. + + Section 70913 of title 36, United States Code, is amended by +striking ``corporation'' and inserting ``FFA''. + +SEC. 15. DISTRIBUTION OF ASSETS IN DISSOLUTION OR FINAL LIQUIDATION. + + Section 70914 of title 36, United States Code, is amended-- + (1) by striking ``corporation'' and inserting ``FFA''; and + (2) by striking ``vocational agriculture'' and inserting + ``agricultural education''. + \ No newline at end of file From dd10a98db16b945f7176a2fc669f907a2a685a60 Mon Sep 17 00:00:00 2001 From: "Rep. Langevin, James R. [D-RI-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 032/984] House-439: Engrossed in House --- bills_text/House-439.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/House-439.txt b/bills_text/House-439.txt index 1f98b54..a718f4f 100644 --- a/bills_text/House-439.txt +++ b/bills_text/House-439.txt @@ -2,24 +2,9 @@ 1st Session H. R. 439 - To amend the charter of the Future Farmers of America, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 10, 2019 - -Mr. Langevin (for himself and Mr. Thompson of Pennsylvania) introduced - the following bill; which was referred to the Committee on the - Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -315,4 +300,21 @@ SEC. 15. DISTRIBUTION OF ASSETS IN DISSOLUTION OR FINAL LIQUIDATION. (1) by striking ``corporation'' and inserting ``FFA''; and (2) by striking ``vocational agriculture'' and inserting ``agricultural education''. - \ No newline at end of file + + Passed the House of Representatives January 22, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 439 + +_______________________________________________________________________ + + AN ACT + + To amend the charter of the Future Farmers of America, and for other + purposes. From 8ace6c88a98ca30447c083bf33eb6295e4d387aa Mon Sep 17 00:00:00 2001 From: "Rep. Langevin, James R. [D-RI-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 033/984] House-439: Enrolled --- bills_text/House-439.txt | 463 ++++++++++++++++++--------------------- 1 file changed, 209 insertions(+), 254 deletions(-) diff --git a/bills_text/House-439.txt b/bills_text/House-439.txt index a718f4f..f84b267 100644 --- a/bills_text/House-439.txt +++ b/bills_text/House-439.txt @@ -1,239 +1,219 @@ -116th CONGRESS - 1st Session - H. R. 439 + H.R.439 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To amend the charter of the Future Farmers of America, and for other - purposes. + To amend the charter of the Future Farmers of America, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``National FFA Organization's Federal Charter Amendments Act''. - SEC. 2. ORGANIZATION. - Section 70901 of title 36, United States Code, is amended-- - (1) in subsection (a), by striking ``corporation'' and - inserting ``FFA''; and - (2) in subsection (b), by striking ``corporation'' and - inserting ``FFA''. - + (1) in subsection (a), by striking ``corporation'' and + inserting ``FFA''; and + (2) in subsection (b), by striking ``corporation'' and + inserting ``FFA''. SEC. 3. PURPOSES OF THE CORPORATION. - Section 70902 of title 36, United States Code, is amended-- - (1) in the matter preceding paragraph (1), by striking - ``corporation'' and inserting ``FFA''; - (2) by redesignating paragraphs (1) and (2) as paragraphs - (7) and (8), respectively; - (3) by striking paragraphs (3), (4), (6), and (7); - (4) by redesignating paragraph (5) as paragraph (11); - (5) by redesignating paragraphs (8) and (9) as paragraphs - (12) and (13), respectively; - (6) by inserting before paragraph (7), as redesignated by - paragraph (2), the following: - ``(1) to be an integral component of instruction in - agricultural education, including instruction relating to - agriculture, food, and natural resources; - ``(2) to advance comprehensive agricultural education in - the United States, including in public schools, by supporting - contextual classroom and laboratory instruction and work-based - experiential learning; - ``(3) to prepare students for successful entry into - productive careers in fields relating to agriculture, food, and - natural resources, including by connecting students to relevant - postsecondary educational pathways and focusing on the complete - delivery of classroom and laboratory instruction, work-based - experiential learning, and leadership development; - ``(4) to be a resource and support organization that does - not select, control, or supervise State association, local - chapter, or individual member activities; - ``(5) to develop educational materials, programs, services, - and events as a service to State and local agricultural - education agencies; - ``(6) to seek and promote inclusion and diversity in its - membership, leadership, and staff to reflect the belief of the - FFA in the value of all human beings;''; - (7) in paragraph (7), as redesignated by paragraph (2)-- - (A) by striking ``composed of students and former - students of vocational agriculture in public schools - qualifying for Federal reimbursement under the Smith- - Hughes Vocational Education Act (20 U.S.C. 11-15, 16- - 28''; and - (B) by inserting ``as such chapters and - associations carry out agricultural education programs - that are approved by States, territories, or - possessions'' after ``United States''; - (8) in paragraph (8), as redesignated by paragraph (2)-- - (A) by striking ``to develop'' and inserting ``to - build''; - (B) by striking ``train for useful citizenship, and - foster patriotism, and thereby'' and inserting ``and''; - and - (C) by striking ``aggressive rural and'' and - inserting ``assertive''; - (9) by inserting after paragraph (8), as redesignated by - paragraph (2), the following: - ``(9) to increase awareness of the global and technological - importance of agriculture, food, and natural resources, and the - way agriculture contributes to our well-being; - ``(10) to promote the intelligent choice and establishment - of a career in fields relating to agriculture, food, and - natural resources;''; - (10) in paragraph (11), as redesignated by paragraph (4)-- - (A) by striking ``to procure for and distribute to - State'' and inserting ``to make available to State''; - (B) by inserting ``, programs, services,'' before - ``and equipment''; and - (C) by striking ``corporation'' and inserting - ``FFA''; - (11) in paragraph (12), as redesignated by paragraph (5), - by striking ``State boards for vocational'' and inserting - ``State boards and officials for career and technical''; and - (12) in paragraph (13), as redesignated by paragraph (5), - by striking ``corporation'' and inserting ``FFA''. - + (1) in the matter preceding paragraph (1), by striking + ``corporation'' and inserting ``FFA''; + (2) by redesignating paragraphs (1) and (2) as paragraphs (7) + and (8), respectively; + (3) by striking paragraphs (3), (4), (6), and (7); + (4) by redesignating paragraph (5) as paragraph (11); + (5) by redesignating paragraphs (8) and (9) as paragraphs (12) + and (13), respectively; + (6) by inserting before paragraph (7), as redesignated by + paragraph (2), the following: + ``(1) to be an integral component of instruction in + agricultural education, including instruction relating to + agriculture, food, and natural resources; + ``(2) to advance comprehensive agricultural education in the + United States, including in public schools, by supporting + contextual classroom and laboratory instruction and work-based + experiential learning; + ``(3) to prepare students for successful entry into productive + careers in fields relating to agriculture, food, and natural + resources, including by connecting students to relevant + postsecondary educational pathways and focusing on the complete + delivery of classroom and laboratory instruction, work-based + experiential learning, and leadership development; + ``(4) to be a resource and support organization that does not + select, control, or supervise State association, local chapter, or + individual member activities; + ``(5) to develop educational materials, programs, services, and + events as a service to State and local agricultural education + agencies; + ``(6) to seek and promote inclusion and diversity in its + membership, leadership, and staff to reflect the belief of the FFA + in the value of all human beings;''; + (7) in paragraph (7), as redesignated by paragraph (2)-- + (A) by striking ``composed of students and former students + of vocational agriculture in public schools qualifying for + Federal reimbursement under the Smith-Hughes Vocational + Education Act (20 U.S.C. 11-15, 16-28''; and + (B) by inserting ``as such chapters and associations carry + out agricultural education programs that are approved by + States, territories, or possessions'' after ``United States''; + (8) in paragraph (8), as redesignated by paragraph (2)-- + (A) by striking ``to develop'' and inserting ``to build''; + (B) by striking ``train for useful citizenship, and foster + patriotism, and thereby'' and inserting ``and''; and + (C) by striking ``aggressive rural and'' and inserting + ``assertive''; + (9) by inserting after paragraph (8), as redesignated by + paragraph (2), the following: + ``(9) to increase awareness of the global and technological + importance of agriculture, food, and natural resources, and the way + agriculture contributes to our well-being; + ``(10) to promote the intelligent choice and establishment of a + career in fields relating to agriculture, food, and natural + resources;''; + (10) in paragraph (11), as redesignated by paragraph (4)-- + (A) by striking ``to procure for and distribute to State'' + and inserting ``to make available to State''; + (B) by inserting ``, programs, services,'' before ``and + equipment''; and + (C) by striking ``corporation'' and inserting ``FFA''; + (11) in paragraph (12), as redesignated by paragraph (5), by + striking ``State boards for vocational'' and inserting ``State + boards and officials for career and technical''; and + (12) in paragraph (13), as redesignated by paragraph (5), by + striking ``corporation'' and inserting ``FFA''. SEC. 4. MEMBERSHIP. - Section 70903(a) of title 36, United States Code, is amended-- - (1) by striking ``corporation'' and inserting ``FFA''; and - (2) by striking ``as provided in the bylaws'' and inserting - ``as provided in the constitution or bylaws of the FFA''. - + (1) by striking ``corporation'' and inserting ``FFA''; and + (2) by striking ``as provided in the bylaws'' and inserting + ``as provided in the constitution or bylaws of the FFA''. SEC. 5. GOVERNING BODY. - Section 70904 of title 36, United States Code, is amended-- - (1) in subsection (a)-- - (A) in paragraph (1), by striking ``corporation'' - and inserting ``FFA'' each place the term appears; - (B) by striking paragraphs (2) and (3) and - inserting the following: - ``(2) The board-- - ``(A) shall consist of-- - ``(i) the Secretary of Education, or the - Secretary of Education's designee who has - experience in agricultural education, the FFA, - or career and technical education; and - ``(ii) other individuals-- - ``(I) representing the fields of - education, agriculture, food, and - natural resources; or - ``(II) with experience working - closely with the FFA; and - ``(B) shall not include any individual who is a - current employee of the National FFA Organization. - ``(3) The number of directors, terms of office of the - directors, and the method of selecting the directors, are as - provided in the constitution or bylaws of the FFA.''; and - (C) in paragraph (4)-- - (i) in the first sentence, by striking - ``bylaws'' and inserting ``constitution or - bylaws of the FFA''; and - (ii) in the third sentence, by striking - ``chairman'' and inserting ``chair''; - (2) by striking subsection (b); and - (3) by inserting after subsection (a) the following: + (1) in subsection (a)-- + (A) in paragraph (1), by striking ``corporation'' and + inserting ``FFA'' each place the term appears; + (B) by striking paragraphs (2) and (3) and inserting the + following: + ``(2) The board-- + ``(A) shall consist of-- + ``(i) the Secretary of Education, or the Secretary of + Education's designee who has experience in agricultural + education, the FFA, or career and technical education; and + ``(ii) other individuals-- + + ``(I) representing the fields of education, + agriculture, food, and natural resources; or + ``(II) with experience working closely with the + FFA; and + + ``(B) shall not include any individual who is a current + employee of the National FFA Organization. + ``(3) The number of directors, terms of office of the + directors, and the method of selecting the directors, are as + provided in the constitution or bylaws of the FFA.''; and + (C) in paragraph (4)-- + (i) in the first sentence, by striking ``bylaws'' and + inserting ``constitution or bylaws of the FFA''; and + (ii) in the third sentence, by striking ``chairman'' + and inserting ``chair''; + (2) by striking subsection (b); and + (3) by inserting after subsection (a) the following: ``(b) Officers.--The officers of the FFA, the terms of officers, and the election of officers, are as provided in the constitution or bylaws of the FFA, except that such officers shall include-- - ``(1) a national advisor; - ``(2) an executive secretary; and - ``(3) a treasurer. + ``(1) a national advisor; + ``(2) an executive secretary; and + ``(3) a treasurer. ``(c) Governing Committee.-- - ``(1) The board may designate a governing committee. The - terms and method of selecting the governing committee members - are as provided in the constitution or bylaws of the FFA, - except that all members of the governing committee shall be - members of the board of directors and at all times the - governing committee shall be comprised of not less than 3 - individuals. - ``(2) When the board is not in session, the governing - committee has the powers of the board subject to the board's - direction and may authorize the seal of the FFA to be affixed - to all papers that require it. - ``(3) The board shall designate to such committee-- - ``(A) the chair of the board; - ``(B) the executive secretary of the board; and - ``(C) the treasurer of the board.''. - + ``(1) The board may designate a governing committee. The terms + and method of selecting the governing committee members are as + provided in the constitution or bylaws of the FFA, except that all + members of the governing committee shall be members of the board of + directors and at all times the governing committee shall be + comprised of not less than 3 individuals. + ``(2) When the board is not in session, the governing committee + has the powers of the board subject to the board's direction and + may authorize the seal of the FFA to be affixed to all papers that + require it. + ``(3) The board shall designate to such committee-- + ``(A) the chair of the board; + ``(B) the executive secretary of the board; and + ``(C) the treasurer of the board.''. SEC. 6. NATIONAL STUDENT OFFICERS. - Section 70905 of title 36, United States Code, is amended-- - (1) by amending subsection (a) to read as follows: + (1) by amending subsection (a) to read as follows: ``(a) Composition.--There shall be not less than 6 national student officers of the FFA, including a student president, 4 student vice presidents (each representing regions as provided in the constitution or bylaws of the corporation), and a student secretary.''; - (2) by striking subsection (b); - (3) by redesignating subsections (c) and (d) as subsections - (b) and (c), respectively; and - (4) in subsection (b), as so redesignated, by striking ``, - except that'' and all that follows through ``(20 U.S.C. 11-15, - 16-28)''. - + (2) by striking subsection (b); + (3) by redesignating subsections (c) and (d) as subsections (b) + and (c), respectively; and + (4) in subsection (b), as so redesignated, by striking ``, + except that'' and all that follows through ``(20 U.S.C. 11-15, 16- + 28)''. SEC. 7. POWERS. - Section 70906 of title 36, United States Code, is amended-- - (1) in the matter preceding paragraph (1), by striking - ``corporation'' and inserting ``FFA''; - (2) in paragraph (2), by striking ``corporate''; - (3) in paragraph (4), by striking ``corporation'' and - inserting ``FFA''; - (4) in paragraph (6), by striking ``corporation'' and - inserting ``FFA''; - (5) by amending paragraph (8) to read as follows: - ``(8) use FFA funds to give prizes, awards, loans, and - grants to deserving members, local FFA chapters, and State FFA - associations to carry out the purposes of the FFA;''; - (6) by amending paragraph (9) to read as follows: - ``(9) produce publications, websites, and other media;''; - (7) in paragraph (10)-- - (A) by striking ``procure for and distribute to - State'' and inserting ``make available to State''; and - (B) by striking ``Future Farmers of America'' and - inserting ``FFA''; and - (8) in paragraph (12), by striking ``corporation'' and - inserting ``FFA''. - + (1) in the matter preceding paragraph (1), by striking + ``corporation'' and inserting ``FFA''; + (2) in paragraph (2), by striking ``corporate''; + (3) in paragraph (4), by striking ``corporation'' and inserting + ``FFA''; + (4) in paragraph (6), by striking ``corporation'' and inserting + ``FFA''; + (5) by amending paragraph (8) to read as follows: + ``(8) use FFA funds to give prizes, awards, loans, and grants + to deserving members, local FFA chapters, and State FFA + associations to carry out the purposes of the FFA;''; + (6) by amending paragraph (9) to read as follows: + ``(9) produce publications, websites, and other media;''; + (7) in paragraph (10)-- + (A) by striking ``procure for and distribute to State'' and + inserting ``make available to State''; and + (B) by striking ``Future Farmers of America'' and inserting + ``FFA''; and + (8) in paragraph (12), by striking ``corporation'' and + inserting ``FFA''. SEC. 8. NAME, SEALS, EMBLEMS, AND BADGES. - Section 70907 of title 36, United States Code, is amended-- - (1) by striking ``corporation'' and inserting ``FFA'' each - place the term appears; - (2) by striking ``name'' and inserting ``names''; - (3) by striking ```Future Farmers of America''' and - inserting ```Future Farmers of America' and `National FFA - Organization,'''; and - (4) by inserting ``education'' before ``membership''. - + (1) by striking ``corporation'' and inserting ``FFA'' each + place the term appears; + (2) by striking ``name'' and inserting ``names''; + (3) by striking ```Future Farmers of America''' and inserting + ```Future Farmers of America' and `National FFA Organization,'''; + and + (4) by inserting ``education'' before ``membership''. SEC. 9. RESTRICTIONS. - Section 70908 of title 36, United States Code, is amended-- - (1) in subsection (a), by striking ``corporation'' and - inserting ``FFA''; - (2) in subsection (b), by striking ``corporation or a - director, officer, or member as such'' and inserting ``FFA or a - director, officer, or member acting on behalf of the FFA''; - (3) in subsection (c), by striking ``corporation'' and - inserting ``FFA'' each place the term appears; and - (4) in subsection (d), in the first sentence, by striking - ``corporation'' and inserting ``FFA''. - -SEC. 10. RELATIONSHIP TO FEDERAL AGENCIES. - + (1) in subsection (a), by striking ``corporation'' and + inserting ``FFA''; + (2) in subsection (b), by striking ``corporation or a director, + officer, or member as such'' and inserting ``FFA or a director, + officer, or member acting on behalf of the FFA''; + (3) in subsection (c), by striking ``corporation'' and + inserting ``FFA'' each place the term appears; and + (4) in subsection (d), in the first sentence, by striking + ``corporation'' and inserting ``FFA''. + SEC. 10. RELATIONSHIP TO FEDERAL AGENCIES. Section 70909 of title 36, United States Code, is amended to read as follows: - ``SEC. 70909. RELATIONSHIP TO FEDERAL AGENCIES. - ``(a) In General.--On request of the board of directors, the FFA may collaborate with Federal agencies, including the Department of Education and the Department of Agriculture on matters of mutual @@ -249,72 +229,47 @@ and approved by the board may be paid. cooperate with State boards and other organizations for career and technical education to assist in the promotion of activities of the FFA.''. - -SEC. 11. HEADQUARTERS AND PRINCIPAL OFFICE. - + SEC. 11. HEADQUARTERS AND PRINCIPAL OFFICE. Section 70910 of title 36, United States Code, is amended by striking ``of the corporation shall be in the District of Columbia. However, the activities of the corporation are not confined to the District of Columbia but'' and inserting ``of the FFA shall be as provided in the constitution or bylaws of the FFA. The activities of the FFA''. - -SEC. 12. RECORDS AND INSPECTION. - + SEC. 12. RECORDS AND INSPECTION. Section 70911 of title 36, United States Code, is amended-- - (1) in subsection (a)-- - (A) by striking ``corporation'' and inserting - ``FFA''; and - (B) in paragraph (3), by striking ``entitled to - vote''; and - (2) in subsection (b), by striking ``corporation'' and - inserting ``FFA''. - -SEC. 13. SERVICE OF PROCESS. - + (1) in subsection (a)-- + (A) by striking ``corporation'' and inserting ``FFA''; and + (B) in paragraph (3), by striking ``entitled to vote''; and + (2) in subsection (b), by striking ``corporation'' and + inserting ``FFA''. + SEC. 13. SERVICE OF PROCESS. Section 70912 of title 36, United States Code, is amended-- - (1) in subsection (a)-- - (A) by striking ``District of Columbia'' and - inserting ``In General''; - (B) by striking ``corporation'' and inserting - ``FFA'' each place the term appears; - (C) by striking ``in the District of Columbia'' - before ``to receive''; and - (D) by striking ``Designation of the agent shall be - filed in the office of the clerk of the United States - District Court for the District of Columbia''; and - (2) in subsection (b)-- - (A) by striking ``corporation'' and inserting - ``FFA'' each place the term appears; and - (B) by inserting ``of the FFA'' after ``association - or chapter''. - -SEC. 14. LIABILITY FOR ACTS OF OFFICERS OR AGENTS. - + (1) in subsection (a)-- + (A) by striking ``District of Columbia'' and inserting ``In + General''; + (B) by striking ``corporation'' and inserting ``FFA'' each + place the term appears; + (C) by striking ``in the District of Columbia'' before ``to + receive''; and + (D) by striking ``Designation of the agent shall be filed + in the office of the clerk of the United States District Court + for the District of Columbia''; and + (2) in subsection (b)-- + (A) by striking ``corporation'' and inserting ``FFA'' each + place the term appears; and + (B) by inserting ``of the FFA'' after ``association or + chapter''. + SEC. 14. LIABILITY FOR ACTS OF OFFICERS OR AGENTS. Section 70913 of title 36, United States Code, is amended by striking ``corporation'' and inserting ``FFA''. - -SEC. 15. DISTRIBUTION OF ASSETS IN DISSOLUTION OR FINAL LIQUIDATION. - + SEC. 15. DISTRIBUTION OF ASSETS IN DISSOLUTION OR FINAL LIQUIDATION. Section 70914 of title 36, United States Code, is amended-- - (1) by striking ``corporation'' and inserting ``FFA''; and - (2) by striking ``vocational agriculture'' and inserting - ``agricultural education''. - - Passed the House of Representatives January 22, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 439 - -_______________________________________________________________________ + (1) by striking ``corporation'' and inserting ``FFA''; and + (2) by striking ``vocational agriculture'' and inserting + ``agricultural education''. - AN ACT + Speaker of the House of Representatives. - To amend the charter of the Future Farmers of America, and for other - purposes. + Vice President of the United States and + President of the Senate. From 0f5866903d72392b1bb16d75a714069f9d4dbcdc Mon Sep 17 00:00:00 2001 From: "Rep. Neguse, Joe [D-CO-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 034/984] House-473: Introduced to House --- bills_text/House-473.txt | 96 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 96 insertions(+) create mode 100644 bills_text/House-473.txt diff --git a/bills_text/House-473.txt b/bills_text/House-473.txt new file mode 100644 index 0000000..6e30646 --- /dev/null +++ b/bills_text/House-473.txt @@ -0,0 +1,96 @@ +116th CONGRESS + 1st Session + H. R. 473 + + To authorize the Every Word We Utter Monument to establish a + commemorative work in the District of Columbia and its environs, and + for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 10, 2019 + + Mr. Neguse (for himself, Mr. Crow, Mr. Lamborn, Mr. Tipton, Ms. + DeGette, Mr. Perlmutter, and Mr. Buck) introduced the following bill; + which was referred to the Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To authorize the Every Word We Utter Monument to establish a + commemorative work in the District of Columbia and its environs, and + for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. FINDINGS. + + Congress finds as follows: + (1) A monument as a tribute to the magnitude of the + suffragists' seven-decade effort to pass the 19th Amendment in + a way that engages the viewer and serves as a call to action + for present and future generations is appropriate on Federal + land. + (2) Such a monument should include-- + (A) a sculptural portrait to honor Susan B. + Anthony, Elizabeth Cady Stanton with her daughter + Harriot Stanton Blatch, Sojourner Truth, Alice Paul, + and Ida B. Wells; and + (B) a depiction of the Declaration of Sentiments + and Ratification Flag with the names of other women + instrumental in fighting for women's suffrage included + in the depiction of the word ``WE'' of the Declaration + of Sentiments with raised lettering on ripples + radiating from the monument. + (3) The preferred site location for the monument is Area + II, near Belmont-Paul National Monument and the Supreme Court. + +SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. + + (a) In General.--The Every Word We Utter Monument may establish a +commemorative work on Federal land in the District of Columbia and its +environs to commemorate the passage of the 19th Amendment to the +Constitution, which gave women the right to vote. + (b) Compliance With Standards For Commemorative Works.--The +establishment of the commemorative work under this section shall be in +accordance with chapter 89 of title 40, United States Code (commonly +known as the ``Commemorative Works Act''). + (c) Prohibition on the Use of Federal Funds.-- + (1) In general.--Federal funds may not be used to pay any + expense of the establishment of the commemorative work under + this section. + (2) Responsibility of the every word we utter monument.-- + The Every Word We Utter Monument shall be solely responsible + for acceptance of contributions for, and payment of the + expenses of, the establishment of the commemorative work under + this section. + (d) Deposit of Excess Funds.-- + (1) In general.--If upon payment of all expenses for the + establishment of the memorial (including the maintenance and + preservation amount required by section 8906(b)(1) of title 40, + United States Code), there remains a balance of funds received + for the establishment of the commemorative work, the Every Word + We Utter Monument shall transmit the amount of the balance to + the Secretary of the Interior for deposit in the account + provided for in section 8906(b)(3) of title 40, United States + Code. + (2) On expiration of authority.--If upon expiration of the + authority for the commemorative work under section 8903(e) of + title 40, United States Code, there remains a balance of funds + received for the establishment of the commemorative work, the + Every Word We Utter Monument shall transmit the amount of the + balance to a separate account with the National Park for + memorials, to be available to the Secretary of the Interior or + Administrator (as appropriate) following the process provided + in section 8906(b)(4) of title 40, United States Code, for + accounts established under 8906(b)(2) or (3) of title 40, + United States Code. + \ No newline at end of file From 949d9595d8f151970bf96094ca0cc157d1e5cb75 Mon Sep 17 00:00:00 2001 From: "Rep. Neguse, Joe [D-CO-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 035/984] House-473: Engrossed in House --- bills_text/House-473.txt | 88 ++++++++++++++++++---------------------- 1 file changed, 39 insertions(+), 49 deletions(-) diff --git a/bills_text/House-473.txt b/bills_text/House-473.txt index 6e30646..fc780bf 100644 --- a/bills_text/House-473.txt +++ b/bills_text/House-473.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 473 - To authorize the Every Word We Utter Monument to establish a - commemorative work in the District of Columbia and its environs, and - for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 10, 2019 - - Mr. Neguse (for himself, Mr. Crow, Mr. Lamborn, Mr. Tipton, Ms. - DeGette, Mr. Perlmutter, and Mr. Buck) introduced the following bill; - which was referred to the Committee on Natural Resources - -_______________________________________________________________________ - - A BILL + AN ACT @@ -31,34 +15,13 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, -SECTION 1. FINDINGS. - - Congress finds as follows: - (1) A monument as a tribute to the magnitude of the - suffragists' seven-decade effort to pass the 19th Amendment in - a way that engages the viewer and serves as a call to action - for present and future generations is appropriate on Federal - land. - (2) Such a monument should include-- - (A) a sculptural portrait to honor Susan B. - Anthony, Elizabeth Cady Stanton with her daughter - Harriot Stanton Blatch, Sojourner Truth, Alice Paul, - and Ida B. Wells; and - (B) a depiction of the Declaration of Sentiments - and Ratification Flag with the names of other women - instrumental in fighting for women's suffrage included - in the depiction of the word ``WE'' of the Declaration - of Sentiments with raised lettering on ripples - radiating from the monument. - (3) The preferred site location for the monument is Area - II, near Belmont-Paul National Monument and the Supreme Court. - -SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. +SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The Every Word We Utter Monument may establish a commemorative work on Federal land in the District of Columbia and its -environs to commemorate the passage of the 19th Amendment to the -Constitution, which gave women the right to vote. +environs to commemorate the women's suffrage movement and the passage +of the 19th Amendment to the Constitution, which gave women the right +to vote. (b) Compliance With Standards For Commemorative Works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly @@ -87,10 +50,37 @@ known as the ``Commemorative Works Act''). title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Every Word We Utter Monument shall transmit the amount of the - balance to a separate account with the National Park for - memorials, to be available to the Secretary of the Interior or - Administrator (as appropriate) following the process provided - in section 8906(b)(4) of title 40, United States Code, for - accounts established under 8906(b)(2) or (3) of title 40, + balance to a separate account with the National Park Foundation + for memorials, to be available to the Secretary of the Interior + or Administrator (as appropriate) following the process + provided in section 8906(b)(4) of title 40, United States Code, + for accounts established under 8906(b)(2) or (3) of title 40, United States Code. - \ No newline at end of file + +SEC. 2. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives February 26, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 473 + +_______________________________________________________________________ + + AN ACT + + To authorize the Every Word We Utter Monument to establish a + commemorative work in the District of Columbia and its environs, and + for other purposes. From eef2c7160b50e0878d4b61aae76f446054c6d436 Mon Sep 17 00:00:00 2001 From: "Rep. Neguse, Joe [D-CO-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 036/984] House-473: Enrolled --- bills_text/House-473.txt | 103 +++++++++++++++++---------------------- 1 file changed, 46 insertions(+), 57 deletions(-) diff --git a/bills_text/House-473.txt b/bills_text/House-473.txt index fc780bf..61ded53 100644 --- a/bills_text/House-473.txt +++ b/bills_text/House-473.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 473 + H.R.473 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To authorize the Every Word We Utter Monument to establish a - commemorative work in the District of Columbia and its environs, and - for other purposes. + To authorize the Every Word We Utter Monument to establish a +commemorative work in the District of Columbia and its environs, and for + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. - (a) In General.--The Every Word We Utter Monument may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the women's suffrage movement and the passage @@ -27,38 +34,34 @@ establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on the Use of Federal Funds.-- - (1) In general.--Federal funds may not be used to pay any - expense of the establishment of the commemorative work under - this section. - (2) Responsibility of the every word we utter monument.-- - The Every Word We Utter Monument shall be solely responsible - for acceptance of contributions for, and payment of the - expenses of, the establishment of the commemorative work under - this section. + (1) In general.--Federal funds may not be used to pay any + expense of the establishment of the commemorative work under this + section. + (2) Responsibility of the every word we utter monument.--The + Every Word We Utter Monument shall be solely responsible for + acceptance of contributions for, and payment of the expenses of, + the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- - (1) In general.--If upon payment of all expenses for the - establishment of the memorial (including the maintenance and - preservation amount required by section 8906(b)(1) of title 40, - United States Code), there remains a balance of funds received - for the establishment of the commemorative work, the Every Word - We Utter Monument shall transmit the amount of the balance to - the Secretary of the Interior for deposit in the account - provided for in section 8906(b)(3) of title 40, United States - Code. - (2) On expiration of authority.--If upon expiration of the - authority for the commemorative work under section 8903(e) of - title 40, United States Code, there remains a balance of funds - received for the establishment of the commemorative work, the - Every Word We Utter Monument shall transmit the amount of the - balance to a separate account with the National Park Foundation - for memorials, to be available to the Secretary of the Interior - or Administrator (as appropriate) following the process - provided in section 8906(b)(4) of title 40, United States Code, - for accounts established under 8906(b)(2) or (3) of title 40, - United States Code. - + (1) In general.--If upon payment of all expenses for the + establishment of the memorial (including the maintenance and + preservation amount required by section 8906(b)(1) of title 40, + United States Code), there remains a balance of funds received for + the establishment of the commemorative work, the Every Word We + Utter Monument shall transmit the amount of the balance to the + Secretary of the Interior for deposit in the account provided for + in section 8906(b)(3) of title 40, United States Code. + (2) On expiration of authority.--If upon expiration of the + authority for the commemorative work under section 8903(e) of title + 40, United States Code, there remains a balance of funds received + for the establishment of the commemorative work, the Every Word We + Utter Monument shall transmit the amount of the balance to a + separate account with the National Park Foundation for memorials, + to be available to the Secretary of the Interior or Administrator + (as appropriate) following the process provided in section + 8906(b)(4) of title 40, United States Code, for accounts + established under 8906(b)(2) or (3) of title 40, United States + Code. SEC. 2. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -66,21 +69,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives February 26, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 473 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To authorize the Every Word We Utter Monument to establish a - commemorative work in the District of Columbia and its environs, and - for other purposes. + Vice President of the United States and + President of the Senate. From 36590245a3a91dd42a640336d7d7b8aee599ffbe Mon Sep 17 00:00:00 2001 From: "Rep. Bacon, Don [R-NE-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 037/984] House-504: Introduced to House --- bills_text/House-504.txt | 148 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 148 insertions(+) create mode 100644 bills_text/House-504.txt diff --git a/bills_text/House-504.txt b/bills_text/House-504.txt new file mode 100644 index 0000000..a6cef7e --- /dev/null +++ b/bills_text/House-504.txt @@ -0,0 +1,148 @@ +116th CONGRESS + 1st Session + H. R. 504 + +To amend the Homeland Security Act of 2002 to require the Department of + Homeland Security to develop an engagement strategy with fusion + centers, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 11, 2019 + + Mr. Bacon (for himself, Mr. Fitzpatrick, Mr. McCaul, and Mr. Panetta) + introduced the following bill; which was referred to the Committee on + Homeland Security + +_______________________________________________________________________ + + A BILL + + + +To amend the Homeland Security Act of 2002 to require the Department of + Homeland Security to develop an engagement strategy with fusion + centers, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``DHS Field Engagement Accountability +Act''. + +SEC. 2. ENGAGEMENT STRATEGY WITH FUSION CENTERS. + + Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) +is amended by-- + (1) redesigning subsections (j) and (k) as subsections (k) + and (l), respectively; and + (2) inserting after subsection (i) the following new + subsection: + ``(j) Fusion Center Information Sharing Strategy.--Not later than +one year after the date of the enactment of this subsection, the +Secretary shall develop and update at least once every five years a +strategy for Department engagement with fusion centers. Such strategy +shall be developed and updated in consultation with the heads of +intelligence components of the Department, the Chief Privacy Officer of +the Department, the Officer for Civil Rights and Civil Liberties of the +Department, officials of fusion centers, officers designated as +Homeland Security Advisors, and the heads of other relevant agencies, +as appropriate. Such strategy shall include the following: + ``(1) Specific goals and objectives for sharing information + and engaging with fusion centers-- + ``(A) through the direct deployment of personnel + from intelligence components of the Department; + ``(B) through the use of Department unclassified + and classified information sharing systems, including + the Homeland Security Information Sharing Network and + the Homeland Secure Data Network, or any successor + systems; and + ``(C) through any additional means. + ``(2) The performance metrics to be used to measure success + in achieving the goals and objectives referred to in paragraph + (1). + ``(3) A five-year plan for continued engagement with fusion + centers.''. + +SEC. 3. OFFICE OF INTELLIGENCE AND ANALYSIS FIELD PERSONNEL SUPPORT TO + FUSION CENTERS. + + (a) Performance Metrics.--Not later than 180 days after the date of +the enactment of this Act, the Under Secretary for Intelligence and +Analysis of the Department of Homeland Security shall-- + (1) consider the effectiveness of existing processes to + identify and prepare field personnel for deployment to support + fusion centers and internal mechanisms to ensure oversight and + accountability of such field personnel, including field + personnel assigned to one center and field personnel assigned + to multiple centers; and + (2) publish and disseminate performance metrics, taking + into account, as appropriate, regional and threat diversity, + for-- + (A) field personnel from the Office of Intelligence + and Analysis assigned to an individual fusion center; + (B) field personnel from the Office of Intelligence + and Analysis assigned to multiple fusion centers; and + (C) regional Directors of the Office of + Intelligence and Analysis to ensure accountability for + monitoring all field personnel under the supervision of + such Regional Directors. + (b) Training.--In consultation with the Chief Information Officer +of the Department of Homeland Security, the Under Secretary for +Intelligence and Analysis of the Department shall develop and implement +a formalized training module for fusion center personnel regarding the +classified Homeland Secure Data Network of the Department, or any +successor system. + (c) Fusion Center Defined.--In this section, the term ``fusion +center'' has the meaning given such term in section 210A of the +Homeland Security Act of 2002 (6 U.S.C. 124h). + +SEC. 4. DHS COMPONENT USAGE OF THE HOMELAND SECURITY INFORMATION + NETWORK. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Chief Intelligence Officer of the Department +of Homeland Security, in consultation with the Chief Information +Officer of the Department, shall-- + (1) develop policies and metrics to ensure effective use by + components of the Department of the Department's unclassified + Homeland Security Information Sharing Network, or any successor + system; and + (2) develop policies for posting unclassified products on + the Homeland Security Information Sharing Network, or any + successor system. + (b) Technical Enhancements.--The Chief Information Officer of the +Department of Homeland Security, in consultation with the Chief +Intelligence Officer of the Department, shall assess and implement, as +appropriate, technical enhancements to the Homeland Security +Information Sharing Network (HSIN) to improve usability, including +search functionality, data analysis, and collaboration capabilities. + +SEC. 5. REPORT. + + Not later than 18 months after the date of the enactment of this +Act, the Secretary of Homeland Security shall submit to the Committee +on Homeland Security and the Permanent Select Committee on Intelligence +of the House of Representatives and the Committee on Homeland Security +and Governmental Affairs and the Select Committee on Intelligence of +the Senate a report on the implementation of the following: + (1) The fusion center information sharing strategy required + under subsection (j) of section 210A of the Homeland Security + Act of 2002 (6 U.S.C. 124h), as added by section 2 of this Act, + based on performance metrics developed pursuant to such + strategy. + (2) Field personnel deployed to fusion centers (as such + term is defined in section 210A of the Homeland Security Act of + 2002 (6 U.S.C. 124h)) in accordance with section 3, based on + performance metrics developed pursuant to such section. + (3) Policies that seek to ensure the effective use of the + Homeland Security Information Sharing Network in accordance + with section 4, based on the metrics developed pursuant to such + section. + \ No newline at end of file From 6dcc73dc28307ea0b964addcceb263cde1084a7a Mon Sep 17 00:00:00 2001 From: "Rep. Bacon, Don [R-NE-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 038/984] House-504: Engrossed in House --- bills_text/House-504.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-504.txt b/bills_text/House-504.txt index a6cef7e..945c0b0 100644 --- a/bills_text/House-504.txt +++ b/bills_text/House-504.txt @@ -2,25 +2,9 @@ 1st Session H. R. 504 -To amend the Homeland Security Act of 2002 to require the Department of - Homeland Security to develop an engagement strategy with fusion - centers, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 11, 2019 - - Mr. Bacon (for himself, Mr. Fitzpatrick, Mr. McCaul, and Mr. Panetta) - introduced the following bill; which was referred to the Committee on - Homeland Security - -_______________________________________________________________________ - - A BILL + AN ACT @@ -145,4 +129,22 @@ the Senate a report on the implementation of the following: Homeland Security Information Sharing Network in accordance with section 4, based on the metrics developed pursuant to such section. - \ No newline at end of file + + Passed the House of Representatives January 29, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 504 + +_______________________________________________________________________ + + AN ACT + +To amend the Homeland Security Act of 2002 to require the Department of + Homeland Security to develop an engagement strategy with fusion + centers, and for other purposes. From e8262504f6d2678aefe85350302df882acd173a7 Mon Sep 17 00:00:00 2001 From: "Rep. Bacon, Don [R-NE-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 039/984] House-504: Enrolled --- bills_text/House-504.txt | 233 ++++++++++++++++++--------------------- 1 file changed, 106 insertions(+), 127 deletions(-) diff --git a/bills_text/House-504.txt b/bills_text/House-504.txt index 945c0b0..49f9ae6 100644 --- a/bills_text/House-504.txt +++ b/bills_text/House-504.txt @@ -1,150 +1,129 @@ -116th CONGRESS - 1st Session - H. R. 504 + H.R.504 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the Homeland Security Act of 2002 to require the Department of - Homeland Security to develop an engagement strategy with fusion - centers, and for other purposes. +Homeland Security to develop an engagement strategy with fusion centers, + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``DHS Field Engagement Accountability Act''. - SEC. 2. ENGAGEMENT STRATEGY WITH FUSION CENTERS. - Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) is amended by-- - (1) redesigning subsections (j) and (k) as subsections (k) - and (l), respectively; and - (2) inserting after subsection (i) the following new - subsection: - ``(j) Fusion Center Information Sharing Strategy.--Not later than -one year after the date of the enactment of this subsection, the -Secretary shall develop and update at least once every five years a -strategy for Department engagement with fusion centers. Such strategy -shall be developed and updated in consultation with the heads of -intelligence components of the Department, the Chief Privacy Officer of -the Department, the Officer for Civil Rights and Civil Liberties of the -Department, officials of fusion centers, officers designated as -Homeland Security Advisors, and the heads of other relevant agencies, -as appropriate. Such strategy shall include the following: - ``(1) Specific goals and objectives for sharing information - and engaging with fusion centers-- - ``(A) through the direct deployment of personnel - from intelligence components of the Department; - ``(B) through the use of Department unclassified - and classified information sharing systems, including - the Homeland Security Information Sharing Network and - the Homeland Secure Data Network, or any successor - systems; and - ``(C) through any additional means. - ``(2) The performance metrics to be used to measure success - in achieving the goals and objectives referred to in paragraph - (1). - ``(3) A five-year plan for continued engagement with fusion - centers.''. - + (1) redesignating subsections (j) and (k) as subsections (k) + and (l), respectively; and + (2) inserting after subsection (i) the following: + ``(j) Fusion Center Information Sharing Strategy.--Not later than 1 +year after the date of the enactment of the DHS Field Engagement +Accountability Act, and not less frequently than once every 5 years +thereafter, the Secretary shall develop or update a strategy for +Department engagement with fusion centers. Such strategy shall be +developed and updated in consultation with the heads of intelligence +components of the Department, the Chief Privacy Officer, the Officer +for Civil Rights and Civil Liberties, officials of fusion centers, +officers designated as Homeland Security Advisors, and the heads of +other relevant agencies, as appropriate. Such strategy shall include +the following: + ``(1) Specific goals and objectives for sharing information and + engaging with fusion centers-- + ``(A) through the direct deployment of personnel from + intelligence components of the Department; + ``(B) through the use of Department unclassified and + classified information sharing systems, including the Homeland + Security Information Network and the Homeland Secure Data + Network, or any successor systems; and + ``(C) through any additional means. + ``(2) The performance metrics to be used to measure success in + achieving the goals and objectives referred to in paragraph (1). + ``(3) A 5-year plan for continued engagement with fusion + centers.''. SEC. 3. OFFICE OF INTELLIGENCE AND ANALYSIS FIELD PERSONNEL SUPPORT TO - FUSION CENTERS. - +FUSION CENTERS. (a) Performance Metrics.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Intelligence and -Analysis of the Department of Homeland Security shall-- - (1) consider the effectiveness of existing processes to - identify and prepare field personnel for deployment to support - fusion centers and internal mechanisms to ensure oversight and - accountability of such field personnel, including field - personnel assigned to one center and field personnel assigned - to multiple centers; and - (2) publish and disseminate performance metrics, taking - into account, as appropriate, regional and threat diversity, - for-- - (A) field personnel from the Office of Intelligence - and Analysis assigned to an individual fusion center; - (B) field personnel from the Office of Intelligence - and Analysis assigned to multiple fusion centers; and - (C) regional Directors of the Office of - Intelligence and Analysis to ensure accountability for - monitoring all field personnel under the supervision of - such Regional Directors. - (b) Training.--In consultation with the Chief Information Officer -of the Department of Homeland Security, the Under Secretary for -Intelligence and Analysis of the Department shall develop and implement -a formalized training module for fusion center personnel regarding the -classified Homeland Secure Data Network of the Department, or any -successor system. +Analysis shall-- + (1) consider the effectiveness of existing processes to + identify and prepare field personnel for deployment to support + fusion centers and internal mechanisms to ensure oversight and + accountability of such field personnel, including field personnel + assigned to one center and field personnel assigned to multiple + centers; and + (2) publish and disseminate performance metrics, taking into + account, as appropriate, regional and threat diversity, for-- + (A) field personnel from the Office of Intelligence and + Analysis assigned to an individual fusion center; + (B) field personnel from the Office of Intelligence and + Analysis assigned to multiple fusion centers; and + (C) Regional Directors of the Office of Intelligence and + Analysis to ensure accountability for monitoring all field + personnel under the supervision of such Regional Directors. + (b) Training.--In consultation with the Chief Information Officer, +the Under Secretary for Intelligence and Analysis shall develop and +implement a formalized training module for fusion center personnel +regarding the classified Homeland Secure Data Network, or any successor +system. (c) Fusion Center Defined.--In this section, the term ``fusion -center'' has the meaning given such term in section 210A of the -Homeland Security Act of 2002 (6 U.S.C. 124h). - +center'' has the meaning given such term in section 210A(k) of the +Homeland Security Act of 2002, as so redesignated by section 2. SEC. 4. DHS COMPONENT USAGE OF THE HOMELAND SECURITY INFORMATION - NETWORK. - +NETWORK. (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Chief Intelligence Officer of the Department -of Homeland Security, in consultation with the Chief Information -Officer of the Department, shall-- - (1) develop policies and metrics to ensure effective use by - components of the Department of the Department's unclassified - Homeland Security Information Sharing Network, or any successor - system; and - (2) develop policies for posting unclassified products on - the Homeland Security Information Sharing Network, or any - successor system. - (b) Technical Enhancements.--The Chief Information Officer of the -Department of Homeland Security, in consultation with the Chief -Intelligence Officer of the Department, shall assess and implement, as -appropriate, technical enhancements to the Homeland Security -Information Sharing Network (HSIN) to improve usability, including -search functionality, data analysis, and collaboration capabilities. - +enactment of this Act, the Chief Information Officer, in consultation +with the Under Secretary for Intelligence and Analysis, and in +accordance with the functions and responsibilities assigned to the +Under Secretary under title II of the Homeland Security Act of 2002 (6 +U.S.C. 121 et seq.), shall-- + (1) develop policies and metrics to ensure effective use by + components of the Department of the unclassified Homeland Security + Information Network (referred to in this section as ``HSIN''), or + any successor system; and + (2) develop policies for posting unclassified products on HSIN, + or any successor system. + (b) Technical Enhancements.--The Chief Information Officer, in +consultation with the Chief Intelligence Officer, shall assess and +implement, as appropriate, technical enhancements to HSIN to improve +usability, including search functionality, data analysis, and +collaboration capabilities. SEC. 5. REPORT. - Not later than 18 months after the date of the enactment of this -Act, the Secretary of Homeland Security shall submit to the Committee -on Homeland Security and the Permanent Select Committee on Intelligence -of the House of Representatives and the Committee on Homeland Security -and Governmental Affairs and the Select Committee on Intelligence of -the Senate a report on the implementation of the following: - (1) The fusion center information sharing strategy required - under subsection (j) of section 210A of the Homeland Security - Act of 2002 (6 U.S.C. 124h), as added by section 2 of this Act, - based on performance metrics developed pursuant to such - strategy. - (2) Field personnel deployed to fusion centers (as such - term is defined in section 210A of the Homeland Security Act of - 2002 (6 U.S.C. 124h)) in accordance with section 3, based on - performance metrics developed pursuant to such section. - (3) Policies that seek to ensure the effective use of the - Homeland Security Information Sharing Network in accordance - with section 4, based on the metrics developed pursuant to such - section. - - Passed the House of Representatives January 29, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 504 - -_______________________________________________________________________ - - AN ACT - -To amend the Homeland Security Act of 2002 to require the Department of - Homeland Security to develop an engagement strategy with fusion - centers, and for other purposes. +Act, the Secretary of Homeland Security shall submit a report to the +Committee on Homeland Security and Governmental Affairs of the Senate, +the Select Committee on Intelligence of the Senate, the Committee on +Homeland Security of the House of Representatives, and the Permanent +Select Committee on Intelligence of the House of Representatives that +describes the implementation of-- + (1) the fusion center information sharing strategy required + under section 210A(j) of the Homeland Security Act of 2002, as + added by section 2, based on performance metrics developed pursuant + to such strategy; + (2) the deployment of field personnel to fusion centers (as + such term is defined in section 210A of the Homeland Security Act + of 2002 (6 U.S.C. 124h)), in accordance with section 3, based on + performance metrics developed pursuant to such section; and + (3) policies that seek to ensure the effective use of the + Homeland Security Information Network, in accordance with section + 4, based on the metrics developed pursuant to such section. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 5dbf6b291e129ea474a871e33d128d92a7b5004e Mon Sep 17 00:00:00 2001 From: "Rep. Morelle, Joseph D. [D-NY-25]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 040/984] House-540: Introduced to House --- bills_text/House-540.txt | 48 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 bills_text/House-540.txt diff --git a/bills_text/House-540.txt b/bills_text/House-540.txt new file mode 100644 index 0000000..2c534df --- /dev/null +++ b/bills_text/House-540.txt @@ -0,0 +1,48 @@ +116th CONGRESS + 1st Session + H. R. 540 + + To designate the facility of the United States Postal Service located + at 770 Ayrault Road in Fairport, New York, as the ``Louise and Bob + Slaughter Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 14, 2019 + +Mr. Morelle (for himself, Mr. Zeldin, Mr. King of New York, Mr. Suozzi, + Miss Rice of New York, Mr. Meeks, Ms. Meng, Ms. Velazquez, Mr. + Jeffries, Ms. Clarke of New York, Mr. Nadler, Mr. Rose of New York, +Mrs. Carolyn B. Maloney of New York, Mr. Espaillat, Ms. Ocasio-Cortez, + Mr. Serrano, Mr. Engel, Mrs. Lowey, Mr. Sean Patrick Maloney of New +York, Mr. Delgado, Mr. Tonko, Ms. Stefanik, Mr. Brindisi, Mr. Reed, Mr. + Katko, and Mr. Higgins of New York) introduced the following bill; + which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 770 Ayrault Road in Fairport, New York, as the ``Louise and Bob + Slaughter Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. LOUISE AND BOB SLAUGHTER POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 770 Ayrault Road in Fairport, New York, shall be known and +designated as the ``Louise and Bob Slaughter Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Louise and +Bob Slaughter Post Office''. + \ No newline at end of file From 4f89808946a5e83cc16042251b9c56c0c2044322 Mon Sep 17 00:00:00 2001 From: "Rep. Morelle, Joseph D. [D-NY-25]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 041/984] House-540: Engrossed in House --- bills_text/House-540.txt | 43 +++++++++++++++++++--------------------- 1 file changed, 20 insertions(+), 23 deletions(-) diff --git a/bills_text/House-540.txt b/bills_text/House-540.txt index 2c534df..d005c91 100644 --- a/bills_text/House-540.txt +++ b/bills_text/House-540.txt @@ -2,30 +2,9 @@ 1st Session H. R. 540 - To designate the facility of the United States Postal Service located - at 770 Ayrault Road in Fairport, New York, as the ``Louise and Bob - Slaughter Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 14, 2019 - -Mr. Morelle (for himself, Mr. Zeldin, Mr. King of New York, Mr. Suozzi, - Miss Rice of New York, Mr. Meeks, Ms. Meng, Ms. Velazquez, Mr. - Jeffries, Ms. Clarke of New York, Mr. Nadler, Mr. Rose of New York, -Mrs. Carolyn B. Maloney of New York, Mr. Espaillat, Ms. Ocasio-Cortez, - Mr. Serrano, Mr. Engel, Mrs. Lowey, Mr. Sean Patrick Maloney of New -York, Mr. Delgado, Mr. Tonko, Ms. Stefanik, Mr. Brindisi, Mr. Reed, Mr. - Katko, and Mr. Higgins of New York) introduced the following bill; - which was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -45,4 +24,22 @@ designated as the ``Louise and Bob Slaughter Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Louise and Bob Slaughter Post Office''. - \ No newline at end of file + + Passed the House of Representatives April 2, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 540 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 770 Ayrault Road in Fairport, New York, as the ``Louise and Bob + Slaughter Post Office''. From 0fbc7d25f776888e3249739b5f7b06149275f8e3 Mon Sep 17 00:00:00 2001 From: "Rep. Morelle, Joseph D. [D-NY-25]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 042/984] House-540: Enrolled --- bills_text/House-540.txt | 45 +++++++++++++++++----------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-540.txt b/bills_text/House-540.txt index d005c91..d6725a4 100644 --- a/bills_text/House-540.txt +++ b/bills_text/House-540.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 540 + H.R.540 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 770 Ayrault Road in Fairport, New York, as the ``Louise and Bob +To designate the facility of the United States Postal Service located at + 770 Ayrault Road in Fairport, New York, as the ``Louise and Bob Slaughter Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. LOUISE AND BOB SLAUGHTER POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 770 Ayrault Road in Fairport, New York, shall be known and designated as the ``Louise and Bob Slaughter Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Louise and Bob Slaughter Post Office''. - Passed the House of Representatives April 2, 2019. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 540 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located - at 770 Ayrault Road in Fairport, New York, as the ``Louise and Bob - Slaughter Post Office''. + Vice President of the United States and + President of the Senate. From b170d483b72756286327c77644dafc61ca53830b Mon Sep 17 00:00:00 2001 From: "Rep. Sablan, Gregorio Kilili Camacho [D-MP-At Large]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 043/984] House-559: Introduced to House --- bills_text/House-559.txt | 197 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 197 insertions(+) create mode 100644 bills_text/House-559.txt diff --git a/bills_text/House-559.txt b/bills_text/House-559.txt new file mode 100644 index 0000000..d7fc90e --- /dev/null +++ b/bills_text/House-559.txt @@ -0,0 +1,197 @@ +116th CONGRESS + 1st Session + H. R. 559 + + To amend section 6 of the Joint Resolution entitled ``A Joint + Resolution to approve the Covenant To Establish a Commonwealth of the + Northern Mariana Islands in Political Union with the United States of + America, and for other purposes''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 15, 2019 + + Mr. Sablan introduced the following bill; which was referred to the +Committee on Natural Resources, and in addition to the Committee on the + Judiciary, for a period to be subsequently determined by the Speaker, + in each case for consideration of such provisions as fall within the + jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + + To amend section 6 of the Joint Resolution entitled ``A Joint + Resolution to approve the Covenant To Establish a Commonwealth of the + Northern Mariana Islands in Political Union with the United States of + America, and for other purposes''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Northern Mariana Islands Long-Term +Legal Residents Relief Act''. + +SEC. 2. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE NORTHERN + MARIANA ISLANDS. + + Section 6(e) of the Joint Resolution entitled ``A Joint Resolution +to approve the Covenant To Establish a Commonwealth of the Northern +Mariana Islands in Political Union with the United States of America, +and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806), is +amended by adding at the end the following: + ``(6) Special provision regarding long-term residents of + the commonwealth.-- + ``(A) CNMI resident status.--An alien described in + subparagraph (B) may, upon the application of the + alien, be admitted in CNMI Resident status to the + Commonwealth subject to the following rules: + ``(i) The alien shall be treated as an + alien lawfully admitted to the Commonwealth + only, including permitting entry to and exit + from the Commonwealth, until the earlier of the + date on which-- + ``(I) the alien ceases to reside in + the Commonwealth; or + ``(II) the alien's status is + adjusted under section 245 of the + Immigration and Nationality Act (8 + U.S.C. 1255) to that of an alien + lawfully admitted for permanent + residence in accordance with all + applicable eligibility requirements. + ``(ii) The Secretary of Homeland Security-- + ``(I) shall establish a process for + such alien to apply for CNMI Resident + status during the 180-day period + beginning on a date determined by the + Secretary but not later than the first + day of the sixth month after the date + of the enactment of this paragraph; and + ``(II) may, in the Secretary's + discretion, authorize deferred action + or parole, as appropriate, with work + authorization, for such alien beginning + on the date of the enactment of this + paragraph and continuing through the + end of such 180-day period or the date + of adjudication of the alien's + application for CNMI Resident status, + whichever is later. + ``(iii) Nothing in this subparagraph may be + construed to provide any alien granted status + under this subparagraph with public assistance + to which the alien is not otherwise entitled. + ``(iv) An alien granted status under this + paragraph-- + ``(I) is subject to all grounds of + deportability under section 237 of the + Immigration and Nationality Act (8 + U.S.C. 1227); + ``(II) is subject to all grounds of + inadmissibility under section 212 of + the Immigration and Nationality Act (8 + U.S.C. 1182) if seeking admission to + the United States at a port of entry in + the Commonwealth; + ``(III) is inadmissible to the + United States at any port of entry + outside the Commonwealth, except that + the Secretary of Homeland Security may + in the Secretary's discretion authorize + admission of such alien at a port of + entry in Guam for the purpose of direct + transit to the Commonwealth, which + admission shall be considered an + admission to the Commonwealth; + ``(IV) automatically shall lose + such status if the alien travels from + the Commonwealth to any other place in + the United States, except that the + Secretary of Homeland Security may in + the Secretary's discretion establish + procedures for the advance approval on + a case-by-case basis of such travel for + a temporary and legitimate purpose, and + the Secretary may in the Secretary's + discretion authorize the direct transit + of aliens with CNMI Resident status + through Guam to a foreign place; + ``(V) shall be authorized to work + in the Commonwealth incident to status; + and + ``(VI) shall be issued appropriate + travel documentation and evidence of + work authorization by the Secretary. + ``(B) Aliens described.--An alien is described in + this subparagraph if the alien-- + ``(i) was lawfully present on the date of + the enactment of this paragraph or on December + 31, 2018, in the Commonwealth under the + immigration laws of the United States, + including pursuant to a grant of parole under + section 212(d)(5) of the Immigration and + Nationality Act (8 U.S.C. 1182(d)(5)) or + deferred action; + ``(ii) is admissible as an immigrant to the + United States under the Immigration and + Nationality Act (8 U.S.C. 1101 et seq.), except + that no immigrant visa is required; + ``(iii) resided continuously and lawfully + in the Commonwealth from November 28, 2009, + through the date of the enactment of this + paragraph; + ``(iv) is not a citizen of the Republic of + the Marshall Islands, the Federated States of + Micronesia, or the Republic of Palau; and + ``(v) in addition-- + ``(I) was born in the Northern + Mariana Islands between January 1, + 1974, and January 9, 1978; + ``(II) was, on November 27, 2009, a + permanent resident of the Commonwealth + (as defined in section 4303 of title 3 + of the Northern Mariana Islands + Commonwealth Code, in effect on May 8, + 2008); + ``(III) is the spouse or child (as + defined in section 101(b)(1) of the + Immigration and Nationality Act (8 + U.S.C. 1101(b)(1))) of an alien + described in subclause (I) or (II); + ``(IV) was, on November 27, 2011, a + spouse, child, or parent of a United + States citizen, notwithstanding the age + of the United States citizen, and + continues to have such family + relationship with the citizen on the + date of the application described in + subparagraph (A); or + ``(V) had a grant of parole under + section 212(d)(5) of the Immigration + and Nationality Act (8 U.S.C. + 1182(d)(5)) on December 31, 2018, under + the former parole program for certain + in-home caregivers administered by U.S. + Citizenship and Immigration Services. + ``(C) Judicial review.--Notwithstanding any other + law, no court shall have jurisdiction to review any + action or determination of the Secretary of Homeland + Security to implement, administer or enforce this + paragraph. + ``(D) Procedure.--The requirements of chapter 5 of + title 5, United States Code (commonly referred to as + the Administrative Procedure Act), or any other law + relating to rulemaking, information collection or + publication in the Federal Register shall not apply to + any action to implement, administer or enforce this + paragraph.''. + \ No newline at end of file From a08de33ff848e54ee7418d317ac863339b084eb6 Mon Sep 17 00:00:00 2001 From: "Rep. Sablan, Gregorio Kilili Camacho [D-MP-At Large]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 044/984] House-559: Engrossed in House --- bills_text/House-559.txt | 81 ++++++++++++++++++++++++++-------------- 1 file changed, 53 insertions(+), 28 deletions(-) diff --git a/bills_text/House-559.txt b/bills_text/House-559.txt index d7fc90e..086ac71 100644 --- a/bills_text/House-559.txt +++ b/bills_text/House-559.txt @@ -2,28 +2,9 @@ 1st Session H. R. 559 - To amend section 6 of the Joint Resolution entitled ``A Joint - Resolution to approve the Covenant To Establish a Commonwealth of the - Northern Mariana Islands in Political Union with the United States of - America, and for other purposes''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 15, 2019 - - Mr. Sablan introduced the following bill; which was referred to the -Committee on Natural Resources, and in addition to the Committee on the - Judiciary, for a period to be subsequently determined by the Speaker, - in each case for consideration of such provisions as fall within the - jurisdiction of the committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -180,18 +161,62 @@ amended by adding at the end the following: and Nationality Act (8 U.S.C. 1182(d)(5)) on December 31, 2018, under the former parole program for certain - in-home caregivers administered by U.S. - Citizenship and Immigration Services. - ``(C) Judicial review.--Notwithstanding any other + in-home caregivers administered by + United States Citizenship and + Immigration Services. + ``(C) Authority of attorney general.--Beginning on + the first day of the 180-day period established by the + Secretary of Homeland Security under subparagraph + (A)(ii)(I), the Attorney General may accept and + adjudicate an application for CNMI Resident status + under this paragraph by an alien who is in removal + proceedings before the Attorney General if the alien-- + ``(i) makes an initial application to the + Attorney General within such 180-day period; or + ``(ii) applied to the Secretary of Homeland + Security during such 180-period and before + being placed in removal proceedings, and the + Secretary denied the application. + ``(D) Judicial review.--Notwithstanding any other law, no court shall have jurisdiction to review any - action or determination of the Secretary of Homeland - Security to implement, administer or enforce this - paragraph. - ``(D) Procedure.--The requirements of chapter 5 of + decision of the Secretary of Homeland Security or the + Attorney General on an application under this paragraph + or any other action or determination of the Secretary + of Homeland Security or the Attorney General to + implement, administer, or enforce this paragraph. + ``(E) Procedure.--The requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act), or any other law relating to rulemaking, information collection or publication in the Federal Register shall not apply to any action to implement, administer or enforce this paragraph.''. - \ No newline at end of file + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives June 3, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 559 + +_______________________________________________________________________ + + AN ACT + + To amend section 6 of the Joint Resolution entitled ``A Joint + Resolution to approve the Covenant To Establish a Commonwealth of the + Northern Mariana Islands in Political Union with the United States of + America, and for other purposes''. From 03ed6f3b1ee4f5b2af95d9a037a50dcfaa66c4d8 Mon Sep 17 00:00:00 2001 From: "Rep. Sablan, Gregorio Kilili Camacho [D-MP-At Large]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 045/984] House-559: Received in Senate --- bills_text/House-559.txt | 33 ++++++++++++++++++--------------- 1 file changed, 18 insertions(+), 15 deletions(-) diff --git a/bills_text/House-559.txt b/bills_text/House-559.txt index 086ac71..577f997 100644 --- a/bills_text/House-559.txt +++ b/bills_text/House-559.txt @@ -2,6 +2,16 @@ 1st Session H. R. 559 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 4, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -198,25 +208,18 @@ SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional -Record by the Chairman of the House Budget Committee, provided that -such statement has been submitted prior to the vote on passage. +Record by the Chairman of the House Budget Committee, - Passed the House of Representatives June 3, 2019. - Attest: - - Clerk. -116th CONGRESS + - 1st Session + provided that such statement has been submitted prior to the vote on +passage. - H. R. 559 + Passed the House of Representatives June 3, 2019. -_______________________________________________________________________ + Attest: - AN ACT + CHERYL L. JOHNSON, - To amend section 6 of the Joint Resolution entitled ``A Joint - Resolution to approve the Covenant To Establish a Commonwealth of the - Northern Mariana Islands in Political Union with the United States of - America, and for other purposes''. + Clerk. From c529b9c5239c98c80bd10f41564898ab0b7a0c10 Mon Sep 17 00:00:00 2001 From: "Rep. Sablan, Gregorio Kilili Camacho [D-MP-At Large]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 046/984] House-559: Enrolled --- bills_text/House-559.txt | 349 +++++++++++++++++---------------------- 1 file changed, 154 insertions(+), 195 deletions(-) diff --git a/bills_text/House-559.txt b/bills_text/House-559.txt index 577f997..832df8e 100644 --- a/bills_text/House-559.txt +++ b/bills_text/House-559.txt @@ -1,225 +1,184 @@ -116th CONGRESS - 1st Session - H. R. 559 + H.R.559 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - June 4, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act - To amend section 6 of the Joint Resolution entitled ``A Joint - Resolution to approve the Covenant To Establish a Commonwealth of the - Northern Mariana Islands in Political Union with the United States of - America, and for other purposes''. +To amend section 6 of the Joint Resolution entitled ``A Joint Resolution + to approve the Covenant To Establish a Commonwealth of the Northern + Mariana Islands in Political Union with the United States of America, + and for other purposes''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Northern Mariana Islands Long-Term Legal Residents Relief Act''. - SEC. 2. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE NORTHERN - MARIANA ISLANDS. - +MARIANA ISLANDS. Section 6(e) of the Joint Resolution entitled ``A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806), is amended by adding at the end the following: - ``(6) Special provision regarding long-term residents of - the commonwealth.-- - ``(A) CNMI resident status.--An alien described in - subparagraph (B) may, upon the application of the - alien, be admitted in CNMI Resident status to the - Commonwealth subject to the following rules: - ``(i) The alien shall be treated as an - alien lawfully admitted to the Commonwealth - only, including permitting entry to and exit - from the Commonwealth, until the earlier of the - date on which-- - ``(I) the alien ceases to reside in - the Commonwealth; or - ``(II) the alien's status is - adjusted under section 245 of the - Immigration and Nationality Act (8 - U.S.C. 1255) to that of an alien - lawfully admitted for permanent - residence in accordance with all - applicable eligibility requirements. - ``(ii) The Secretary of Homeland Security-- - ``(I) shall establish a process for - such alien to apply for CNMI Resident - status during the 180-day period - beginning on a date determined by the - Secretary but not later than the first - day of the sixth month after the date - of the enactment of this paragraph; and - ``(II) may, in the Secretary's - discretion, authorize deferred action - or parole, as appropriate, with work - authorization, for such alien beginning - on the date of the enactment of this - paragraph and continuing through the - end of such 180-day period or the date - of adjudication of the alien's - application for CNMI Resident status, - whichever is later. - ``(iii) Nothing in this subparagraph may be - construed to provide any alien granted status - under this subparagraph with public assistance - to which the alien is not otherwise entitled. - ``(iv) An alien granted status under this - paragraph-- - ``(I) is subject to all grounds of - deportability under section 237 of the - Immigration and Nationality Act (8 - U.S.C. 1227); - ``(II) is subject to all grounds of - inadmissibility under section 212 of - the Immigration and Nationality Act (8 - U.S.C. 1182) if seeking admission to - the United States at a port of entry in - the Commonwealth; - ``(III) is inadmissible to the - United States at any port of entry - outside the Commonwealth, except that - the Secretary of Homeland Security may - in the Secretary's discretion authorize - admission of such alien at a port of - entry in Guam for the purpose of direct - transit to the Commonwealth, which - admission shall be considered an - admission to the Commonwealth; - ``(IV) automatically shall lose - such status if the alien travels from - the Commonwealth to any other place in - the United States, except that the - Secretary of Homeland Security may in - the Secretary's discretion establish - procedures for the advance approval on - a case-by-case basis of such travel for - a temporary and legitimate purpose, and - the Secretary may in the Secretary's - discretion authorize the direct transit - of aliens with CNMI Resident status - through Guam to a foreign place; - ``(V) shall be authorized to work - in the Commonwealth incident to status; - and - ``(VI) shall be issued appropriate - travel documentation and evidence of - work authorization by the Secretary. - ``(B) Aliens described.--An alien is described in - this subparagraph if the alien-- - ``(i) was lawfully present on the date of - the enactment of this paragraph or on December - 31, 2018, in the Commonwealth under the - immigration laws of the United States, - including pursuant to a grant of parole under - section 212(d)(5) of the Immigration and - Nationality Act (8 U.S.C. 1182(d)(5)) or - deferred action; - ``(ii) is admissible as an immigrant to the - United States under the Immigration and - Nationality Act (8 U.S.C. 1101 et seq.), except - that no immigrant visa is required; - ``(iii) resided continuously and lawfully - in the Commonwealth from November 28, 2009, - through the date of the enactment of this - paragraph; - ``(iv) is not a citizen of the Republic of - the Marshall Islands, the Federated States of - Micronesia, or the Republic of Palau; and - ``(v) in addition-- - ``(I) was born in the Northern - Mariana Islands between January 1, - 1974, and January 9, 1978; - ``(II) was, on November 27, 2009, a - permanent resident of the Commonwealth - (as defined in section 4303 of title 3 - of the Northern Mariana Islands - Commonwealth Code, in effect on May 8, - 2008); - ``(III) is the spouse or child (as - defined in section 101(b)(1) of the - Immigration and Nationality Act (8 - U.S.C. 1101(b)(1))) of an alien - described in subclause (I) or (II); - ``(IV) was, on November 27, 2011, a - spouse, child, or parent of a United - States citizen, notwithstanding the age - of the United States citizen, and - continues to have such family - relationship with the citizen on the - date of the application described in - subparagraph (A); or - ``(V) had a grant of parole under - section 212(d)(5) of the Immigration - and Nationality Act (8 U.S.C. - 1182(d)(5)) on December 31, 2018, under - the former parole program for certain - in-home caregivers administered by - United States Citizenship and - Immigration Services. - ``(C) Authority of attorney general.--Beginning on - the first day of the 180-day period established by the - Secretary of Homeland Security under subparagraph - (A)(ii)(I), the Attorney General may accept and - adjudicate an application for CNMI Resident status - under this paragraph by an alien who is in removal - proceedings before the Attorney General if the alien-- - ``(i) makes an initial application to the - Attorney General within such 180-day period; or - ``(ii) applied to the Secretary of Homeland - Security during such 180-period and before - being placed in removal proceedings, and the - Secretary denied the application. - ``(D) Judicial review.--Notwithstanding any other - law, no court shall have jurisdiction to review any - decision of the Secretary of Homeland Security or the - Attorney General on an application under this paragraph - or any other action or determination of the Secretary - of Homeland Security or the Attorney General to - implement, administer, or enforce this paragraph. - ``(E) Procedure.--The requirements of chapter 5 of - title 5, United States Code (commonly referred to as - the Administrative Procedure Act), or any other law - relating to rulemaking, information collection or - publication in the Federal Register shall not apply to - any action to implement, administer or enforce this - paragraph.''. - + ``(6) Special provision regarding long-term residents of the + commonwealth.-- + ``(A) CNMI resident status.--An alien described in + subparagraph (B) may, upon the application of the alien, be + admitted in CNMI Resident status to the Commonwealth subject to + the following rules: + ``(i) The alien shall be treated as an alien lawfully + admitted to the Commonwealth only, including permitting + entry to and exit from the Commonwealth, until the earlier + of the date on which-- + + ``(I) the alien ceases to reside in the + Commonwealth; or + ``(II) the alien's status is adjusted under section + 245 of the Immigration and Nationality Act (8 U.S.C. + 1255) to that of an alien lawfully admitted for + permanent residence in accordance with all applicable + eligibility requirements. + + ``(ii) The Secretary of Homeland Security-- + + ``(I) shall establish a process for such alien to + apply for CNMI Resident status during the 180-day + period beginning on a date determined by the Secretary + but not later than the first day of the sixth month + after the date of the enactment of this paragraph; and + ``(II) may, in the Secretary's discretion, + authorize deferred action or parole, as appropriate, + with work authorization, for such alien beginning on + the date of the enactment of this paragraph and + continuing through the end of such 180-day period or + the date of adjudication of the alien's application for + CNMI Resident status, whichever is later. + + ``(iii) Nothing in this subparagraph may be construed + to provide any alien granted status under this subparagraph + with public assistance to which the alien is not otherwise + entitled. + ``(iv) An alien granted status under this paragraph-- + + ``(I) is subject to all grounds of deportability + under section 237 of the Immigration and Nationality + Act (8 U.S.C. 1227); + ``(II) is subject to all grounds of inadmissibility + under section 212 of the Immigration and Nationality + Act (8 U.S.C. 1182) if seeking admission to the United + States at a port of entry in the Commonwealth; + ``(III) is inadmissible to the United States at any + port of entry outside the Commonwealth, except that the + Secretary of Homeland Security may in the Secretary's + discretion authorize admission of such alien at a port + of entry in Guam for the purpose of direct transit to + the Commonwealth, which admission shall be considered + an admission to the Commonwealth; + ``(IV) automatically shall lose such status if the + alien travels from the Commonwealth to any other place + in the United States, except that the Secretary of + Homeland Security may in the Secretary's discretion + establish procedures for the advance approval on a + case-by-case basis of such travel for a temporary and + legitimate purpose, and the Secretary may in the + Secretary's discretion authorize the direct transit of + aliens with CNMI Resident status through Guam to a + foreign place; + ``(V) shall be authorized to work in the + Commonwealth incident to status; and + ``(VI) shall be issued appropriate travel + documentation and evidence of work authorization by the + Secretary. + + ``(B) Aliens described.--An alien is described in this + subparagraph if the alien-- + ``(i) was lawfully present on the date of the enactment + of this paragraph or on December 31, 2018, in the + Commonwealth under the immigration laws of the United + States, including pursuant to a grant of parole under + section 212(d)(5) of the Immigration and Nationality Act (8 + U.S.C. 1182(d)(5)) or deferred action; + ``(ii) is admissible as an immigrant to the United + States under the Immigration and Nationality Act (8 U.S.C. + 1101 et seq.), except that no immigrant visa is required; + ``(iii) resided continuously and lawfully in the + Commonwealth from November 28, 2009, through the date of + the enactment of this paragraph; + ``(iv) is not a citizen of the Republic of the Marshall + Islands, the Federated States of Micronesia, or the + Republic of Palau; and + ``(v) in addition-- + + ``(I) was born in the Northern Mariana Islands + between January 1, 1974, and January 9, 1978; + ``(II) was, on November 27, 2009, a permanent + resident of the Commonwealth (as defined in section + 4303 of title 3 of the Northern Mariana Islands + Commonwealth Code, in effect on May 8, 2008); + ``(III) is the spouse or child (as defined in + section 101(b)(1) of the Immigration and Nationality + Act (8 U.S.C. 1101(b)(1))) of an alien described in + subclause (I) or (II); + ``(IV) was, on November 27, 2011, a spouse, child, + or parent of a United States citizen, notwithstanding + the age of the United States citizen, and continues to + have such family relationship with the citizen on the + date of the application described in subparagraph (A); + or + ``(V) had a grant of parole under section 212(d)(5) + of the Immigration and Nationality Act (8 U.S.C. + 1182(d)(5)) on December 31, 2018, under the former + parole program for certain in-home caregivers + administered by United States Citizenship and + Immigration Services. + + ``(C) Authority of attorney general.--Beginning on the + first day of the 180-day period established by the Secretary of + Homeland Security under subparagraph (A)(ii)(I), the Attorney + General may accept and adjudicate an application for CNMI + Resident status under this paragraph by an alien who is in + removal proceedings before the Attorney General if the alien-- + ``(i) makes an initial application to the Attorney + General within such 180-day period; or + ``(ii) applied to the Secretary of Homeland Security + during such 180-period and before being placed in removal + proceedings, and the Secretary denied the application. + ``(D) Judicial review.--Notwithstanding any other law, no + court shall have jurisdiction to review any decision of the + Secretary of Homeland Security or the Attorney General on an + application under this paragraph or any other action or + determination of the Secretary of Homeland Security or the + Attorney General to implement, administer, or enforce this + paragraph. + ``(E) Procedure.--The requirements of chapter 5 of title 5, + United States Code (commonly referred to as the Administrative + Procedure Act), or any other law relating to rulemaking, + information collection or publication in the Federal Register + shall not apply to any action to implement, administer or + enforce this paragraph.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional -Record by the Chairman of the House Budget Committee, - - - - - provided that such statement has been submitted prior to the vote on -passage. - - Passed the House of Representatives June 3, 2019. - - Attest: +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 24bb834ea4037b7510a3d77fc909f0e4dbe3f235 Mon Sep 17 00:00:00 2001 From: "Rep. Bergman, Jack [R-MI-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 047/984] House-561: Introduced to House --- bills_text/House-561.txt | 112 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 112 insertions(+) create mode 100644 bills_text/House-561.txt diff --git a/bills_text/House-561.txt b/bills_text/House-561.txt new file mode 100644 index 0000000..876b77e --- /dev/null +++ b/bills_text/House-561.txt @@ -0,0 +1,112 @@ +116th CONGRESS + 1st Session + H. R. 561 + + To amend title 38, United States Code, to improve the oversight of + contracts awarded by the Secretary of Veterans Affairs to small + business concerns owned and controlled by veterans, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 15, 2019 + + Mr. Bergman (for himself, Ms. Kuster of New Hampshire, and Mr. Dunn) + introduced the following bill; which was referred to the Committee on + Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend title 38, United States Code, to improve the oversight of + contracts awarded by the Secretary of Veterans Affairs to small + business concerns owned and controlled by veterans, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Protecting Business Opportunities +for Veterans Act of 2019''. + +SEC. 2. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH SMALL BUSINESS + CONCERNS OWNED AND CONTROLLED BY VETERANS. + + (a) In General.--Section 8127 of title 38, United States Code, is +amended-- + (1) by redesignating subsection (k) as subsection (l); and + (2) by inserting after subsection (j) the following new + subsection (k): + ``(k) Limitations on Subcontracting.--(1)(A) The requirements +applicable to a covered small business concern under section 46 of the +Small Business Act (15 U.S.C. 657s) shall apply with respect to a small +business concern owned and controlled by veterans that is awarded a +contract under this section. In the case of a contract which is +principally for supplies from a regular dealer in such supplies and for +which the Administrator of the Small Business Administration has +granted a waiver pursuant to subsection (a)(4)(B) of such section, a +small business concern owned and controlled by veterans that is awarded +such a contract under this section may not expend on subcontractors +more than 50 percent of the amount paid to the concern under the +contract. + ``(B) For purposes of applying the requirements of section 46 of +the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), +the term `similarly situated entity' used in such section 46 includes a +subcontractor for a small business concern owned and controlled by +veterans described in such subparagraph (A). + ``(2) The Secretary may award a contract under this section only +after the Secretary obtains from the offeror a certification that the +offeror will comply with the requirements described in paragraph (1)(A) +if awarded the contract. Such certification shall-- + ``(A) specify the exact performance requirements applicable + under such paragraph; and + ``(B) explicitly acknowledge that the certification is + subject to section 1001 of title 18. + ``(3)(A) The Director of Small and Disadvantaged Business +Utilization for the Department, established pursuant to section 15(k) +of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition +Officer of the Department, established pursuant to section 1702 of +title 41, shall jointly implement a process using the systems described +in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), +and any other relevant systems available, to monitor compliance with +this subsection. + ``(B) The Director of Small and Disadvantaged Business Utilization +and the Chief Acquisition Officer shall jointly refer any violations or +suspected violations of this subsection to the Inspector General of the +Department. + ``(C) If the Secretary determines, in consultation with the +Inspector General of the Department, that a small business concern that +is awarded a contract under this section did not act in good faith with +respect to the requirements described in paragraph (1)(A), the small +business concern shall be subject to any or all of the following +consequences-- + ``(i) referral to the Debarment and Suspension Committee of + the Department; + ``(ii) a fine under section 16(g)(1) of the Small Business + Act (15 U.S.C. 645(g)(1)); and + ``(iii) prosecution for violating section 1001 of title 18. + ``(D) Not later than November 30 for each of fiscal years 2020 +through 2024, the Inspector General shall submit to the Committees on +Veterans' Affairs of the Senate and House of Representatives a report +for the fiscal year preceding the fiscal year during which the report +is submitted that includes, for the fiscal year covered by the report-- + ``(i) the number of referred violations and suspected + violations received under subparagraph (B); and + ``(ii) the disposition of such referred violations, + including the number of small business concerns suspended or + debarred from Federal contracting or referred to the Attorney + General for prosecution.''. + (b) Application.--Subsection (k) of section 8127 of title 38, +United States Code, as added by subsection (a), shall apply with +respect to a contract entered into after the date of the enactment of +this Act. + \ No newline at end of file From 502ba8ba556ecfe06b3548698abc811e7b6480b6 Mon Sep 17 00:00:00 2001 From: "Rep. Bergman, Jack [R-MI-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 048/984] House-561: Engrossed in House --- bills_text/House-561.txt | 55 ++++++++++++++++++---------------------- 1 file changed, 25 insertions(+), 30 deletions(-) diff --git a/bills_text/House-561.txt b/bills_text/House-561.txt index 876b77e..983a900 100644 --- a/bills_text/House-561.txt +++ b/bills_text/House-561.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 561 - To amend title 38, United States Code, to improve the oversight of - contracts awarded by the Secretary of Veterans Affairs to small - business concerns owned and controlled by veterans, and for other - purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 15, 2019 - - Mr. Bergman (for himself, Ms. Kuster of New Hampshire, and Mr. Dunn) - introduced the following bill; which was referred to the Committee on - Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -50,14 +33,7 @@ amended-- applicable to a covered small business concern under section 46 of the Small Business Act (15 U.S.C. 657s) shall apply with respect to a small business concern owned and controlled by veterans that is awarded a -contract under this section. In the case of a contract which is -principally for supplies from a regular dealer in such supplies and for -which the Administrator of the Small Business Administration has -granted a waiver pursuant to subsection (a)(4)(B) of such section, a -small business concern owned and controlled by veterans that is awarded -such a contract under this section may not expend on subcontractors -more than 50 percent of the amount paid to the concern under the -contract. +contract under this section. ``(B) For purposes of applying the requirements of section 46 of the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), the term `similarly situated entity' used in such section 46 includes a @@ -94,8 +70,8 @@ consequences-- ``(ii) a fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and ``(iii) prosecution for violating section 1001 of title 18. - ``(D) Not later than November 30 for each of fiscal years 2020 -through 2024, the Inspector General shall submit to the Committees on + ``(D) Not later than November 30 for each of fiscal years 2021 +through 2025, the Inspector General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report-- @@ -109,4 +85,23 @@ is submitted that includes, for the fiscal year covered by the report-- United States Code, as added by subsection (a), shall apply with respect to a contract entered into after the date of the enactment of this Act. - \ No newline at end of file + + Passed the House of Representatives February 25, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 561 + +_______________________________________________________________________ + + AN ACT + + To amend title 38, United States Code, to improve the oversight of + contracts awarded by the Secretary of Veterans Affairs to small + business concerns owned and controlled by veterans, and for other + purposes. From 46ff6eb9286885e0d5dc60cf5d292502f7d5c971 Mon Sep 17 00:00:00 2001 From: "Rep. Bergman, Jack [R-MI-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 049/984] House-561: Enrolled --- bills_text/House-561.txt | 89 ++++++++++++++++++---------------------- 1 file changed, 39 insertions(+), 50 deletions(-) diff --git a/bills_text/House-561.txt b/bills_text/House-561.txt index 983a900..d82d19d 100644 --- a/bills_text/House-561.txt +++ b/bills_text/House-561.txt @@ -1,34 +1,38 @@ -116th CONGRESS - 2d Session - H. R. 561 + H.R.561 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend title 38, United States Code, to improve the oversight of - contracts awarded by the Secretary of Veterans Affairs to small - business concerns owned and controlled by veterans, and for other - purposes. + To amend title 38, United States Code, to improve the oversight of +contracts awarded by the Secretary of Veterans Affairs to small business + concerns owned and controlled by veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Protecting Business Opportunities for Veterans Act of 2019''. - SEC. 2. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH SMALL BUSINESS - CONCERNS OWNED AND CONTROLLED BY VETERANS. - +CONCERNS OWNED AND CONTROLLED BY VETERANS. (a) In General.--Section 8127 of title 38, United States Code, is amended-- - (1) by redesignating subsection (k) as subsection (l); and - (2) by inserting after subsection (j) the following new - subsection (k): + (1) by redesignating subsection (k) as subsection (l); and + (2) by inserting after subsection (j) the following new + subsection (k): ``(k) Limitations on Subcontracting.--(1)(A) The requirements applicable to a covered small business concern under section 46 of the Small Business Act (15 U.S.C. 657s) shall apply with respect to a small @@ -43,10 +47,10 @@ veterans described in such subparagraph (A). after the Secretary obtains from the offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall-- - ``(A) specify the exact performance requirements applicable - under such paragraph; and - ``(B) explicitly acknowledge that the certification is - subject to section 1001 of title 18. + ``(A) specify the exact performance requirements applicable + under such paragraph; and + ``(B) explicitly acknowledge that the certification is subject + to section 1001 of title 18. ``(3)(A) The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition @@ -65,43 +69,28 @@ is awarded a contract under this section did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to any or all of the following consequences-- - ``(i) referral to the Debarment and Suspension Committee of - the Department; - ``(ii) a fine under section 16(g)(1) of the Small Business - Act (15 U.S.C. 645(g)(1)); and - ``(iii) prosecution for violating section 1001 of title 18. + ``(i) referral to the Debarment and Suspension Committee of the + Department; + ``(ii) a fine under section 16(g)(1) of the Small Business Act + (15 U.S.C. 645(g)(1)); and + ``(iii) prosecution for violating section 1001 of title 18. ``(D) Not later than November 30 for each of fiscal years 2021 through 2025, the Inspector General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report-- - ``(i) the number of referred violations and suspected - violations received under subparagraph (B); and - ``(ii) the disposition of such referred violations, - including the number of small business concerns suspended or - debarred from Federal contracting or referred to the Attorney - General for prosecution.''. + ``(i) the number of referred violations and suspected + violations received under subparagraph (B); and + ``(ii) the disposition of such referred violations, including + the number of small business concerns suspended or debarred from + Federal contracting or referred to the Attorney General for + prosecution.''. (b) Application.--Subsection (k) of section 8127 of title 38, United States Code, as added by subsection (a), shall apply with respect to a contract entered into after the date of the enactment of this Act. - Passed the House of Representatives February 25, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 561 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend title 38, United States Code, to improve the oversight of - contracts awarded by the Secretary of Veterans Affairs to small - business concerns owned and controlled by veterans, and for other - purposes. + Vice President of the United States and + President of the Senate. From dc4b52827e6618f7e7a0b779aaaafe6b54913e19 Mon Sep 17 00:00:00 2001 From: "Rep. Tonko, Paul [D-NY-20]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 050/984] House-583: Introduced to House --- bills_text/House-583.txt | 120 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 120 insertions(+) create mode 100644 bills_text/House-583.txt diff --git a/bills_text/House-583.txt b/bills_text/House-583.txt new file mode 100644 index 0000000..5e2c34b --- /dev/null +++ b/bills_text/House-583.txt @@ -0,0 +1,120 @@ +116th CONGRESS + 1st Session + H. R. 583 + + To amend the Communications Act of 1934 to provide for enhanced + penalties for pirate radio, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 16, 2019 + + Mr. Tonko (for himself and Mr. Bilirakis) introduced the following + bill; which was referred to the Committee on Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + + To amend the Communications Act of 1934 to provide for enhanced + penalties for pirate radio, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Preventing Illegal Radio Abuse +Through Enforcement Act'' or the ``PIRATE Act''. + +SEC. 2. PIRATE RADIO ENFORCEMENT ENHANCEMENTS. + + Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) +is amended by adding at the end the following new section: + +``SEC. 511. ENHANCED PENALTIES FOR PIRATE RADIO BROADCASTING; + ENFORCEMENT SWEEPS; REPORTING. + + ``(a) Increased General Penalty.--Any person who willfully and +knowingly does or causes or suffers to be done any pirate radio +broadcasting shall be subject to a fine of not more than $2,000,000. + ``(b) Violation of This Act, Rules, or Regulations.--Any person who +willfully and knowingly violates this Act or any rule, regulation, +restriction, or condition made or imposed by the Commission under +authority of this Act, or any rule, regulation, restriction, or +condition made or imposed by any international radio or wire +communications treaty or convention, or regulations annexed thereto, to +which the United States is party, relating to pirate radio broadcasting +shall, in addition to any other penalties provided by law, be subject +to a fine of not more than $100,000 for each day during which such +offense occurs, in accordance with the limit described in subsection +(a). + ``(c) Annual Report.--Not later than 1 year after the date of +enactment of the PIRATE Act, and annually thereafter, the Commission +shall submit to the Committee on Energy and Commerce of the House of +Representatives and the Committee on Commerce, Science, and +Transportation of the Senate a report summarizing the implementation of +this section and associated enforcement activities for the previous +fiscal year, which may include the efforts by the Commission to enlist +the cooperation of Federal, State, and local law enforcement personnel +(including United States attorneys and the United States Marshals +Service) for service of process, collection of fines or forfeitures, +seizures of equipment, and enforcement of orders. + ``(d) Enforcement Sweeps.-- + ``(1) Annual sweeps.--Not less than once each year, the + Commission shall assign appropriate enforcement personnel to + focus specific and sustained attention on the elimination of + pirate radio broadcasting within the top 5 radio markets + identified as prevalent for such broadcasts. Such effort shall + include identifying, locating, and taking enforcement actions + designed to terminate such operations. + ``(2) Additional monitoring.--Within 6 months after + conducting the enforcement sweeps required by paragraph (1), + the Commission shall conduct monitoring sweeps to ascertain + whether the pirate radio broadcasting identified by enforcement + sweeps is continuing to broadcast and whether additional pirate + radio broadcasting is occurring. + ``(3) No effect on remaining enforcement.--Notwithstanding + paragraph (1), the Commission shall not decrease or diminish + the regular enforcement efforts targeted to pirate radio + broadcast stations for other times of the year. + ``(e) State and Local Government Authority.--The Commission may not +preempt any State or local law prohibiting pirate radio broadcasting. + ``(f) Revision of Commission Rules Required.--The Commission shall +revise its rules to require that, absent good cause, in any case +alleging a violation of subsection (a) or (b), the Commission shall +proceed directly to issue a notice of apparent liability without first +issuing a notice of unlicensed operation. + ``(g) Pirate Radio Broadcasting Database.-- + ``(1) In general.--Not later than 90 days after the date of + the enactment of this section, and semi-annually thereafter, + the Commission shall publish a database in a clear and legible + format of all licensed radio stations operating in the AM and + FM bands. The database shall be easily accessible from the + Commission home page through a direct link. The database shall + include the following information: + ``(A) Each licensed station, listed by the assigned + frequency, channel number, or Commission call letters. + ``(B) All entities that have received a notice of + unlicensed operation, notice of apparent liability, or + forfeiture order issued by the Commission. + ``(2) Clear identification.--The Commission shall clearly + identify in the database-- + ``(A) each licensed station as a station licensed + by the Commission; and + ``(B) each entity described in paragraph (1)(B) as + operating without a Commission license or + authorization. + ``(h) Definition of Pirate Radio Broadcasting.--In this section, +the term `pirate radio broadcasting' means the transmission of +communications on spectrum frequencies between 535 and 1705 kilohertz, +inclusive, or 87.7 and 108 megahertz, inclusive, without a license +issued by the Commission, but does not include unlicensed operations in +compliance with part 15 of title 47, Code of Federal Regulations.''. + \ No newline at end of file From 79dd2a09ed3ffa861588305e2d9c28601559d21a Mon Sep 17 00:00:00 2001 From: "Rep. Tonko, Paul [D-NY-20]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 051/984] House-583: Engrossed in House --- bills_text/House-583.txt | 35 +++++++++++++++++++---------------- 1 file changed, 19 insertions(+), 16 deletions(-) diff --git a/bills_text/House-583.txt b/bills_text/House-583.txt index 5e2c34b..c89397c 100644 --- a/bills_text/House-583.txt +++ b/bills_text/House-583.txt @@ -2,23 +2,9 @@ 1st Session H. R. 583 - To amend the Communications Act of 1934 to provide for enhanced - penalties for pirate radio, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 16, 2019 - - Mr. Tonko (for himself and Mr. Bilirakis) introduced the following - bill; which was referred to the Committee on Energy and Commerce - _______________________________________________________________________ - A BILL + AN ACT @@ -117,4 +103,21 @@ communications on spectrum frequencies between 535 and 1705 kilohertz, inclusive, or 87.7 and 108 megahertz, inclusive, without a license issued by the Commission, but does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations.''. - \ No newline at end of file + + Passed the House of Representatives February 25, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 583 + +_______________________________________________________________________ + + AN ACT + + To amend the Communications Act of 1934 to provide for enhanced + penalties for pirate radio, and for other purposes. From a6d99df0c867a59a57ec25baaeb2b874fac24080 Mon Sep 17 00:00:00 2001 From: "Rep. Tonko, Paul [D-NY-20]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 052/984] House-583: Enrolled --- bills_text/House-583.txt | 121 ++++++++++++++++++--------------------- 1 file changed, 55 insertions(+), 66 deletions(-) diff --git a/bills_text/House-583.txt b/bills_text/House-583.txt index c89397c..dcce4ef 100644 --- a/bills_text/House-583.txt +++ b/bills_text/House-583.txt @@ -1,32 +1,35 @@ -116th CONGRESS - 1st Session - H. R. 583 + H.R.583 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the Communications Act of 1934 to provide for enhanced - penalties for pirate radio, and for other purposes. + penalties for pirate radio, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Preventing Illegal Radio Abuse Through Enforcement Act'' or the ``PIRATE Act''. - SEC. 2. PIRATE RADIO ENFORCEMENT ENHANCEMENTS. - Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) is amended by adding at the end the following new section: - -``SEC. 511. ENHANCED PENALTIES FOR PIRATE RADIO BROADCASTING; - ENFORCEMENT SWEEPS; REPORTING. - + ``SEC. 511. ENHANCED PENALTIES FOR PIRATE RADIO BROADCASTING; + ENFORCEMENT SWEEPS; REPORTING. ``(a) Increased General Penalty.--Any person who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting shall be subject to a fine of not more than $2,000,000. @@ -53,23 +56,23 @@ the cooperation of Federal, State, and local law enforcement personnel Service) for service of process, collection of fines or forfeitures, seizures of equipment, and enforcement of orders. ``(d) Enforcement Sweeps.-- - ``(1) Annual sweeps.--Not less than once each year, the - Commission shall assign appropriate enforcement personnel to - focus specific and sustained attention on the elimination of - pirate radio broadcasting within the top 5 radio markets - identified as prevalent for such broadcasts. Such effort shall - include identifying, locating, and taking enforcement actions - designed to terminate such operations. - ``(2) Additional monitoring.--Within 6 months after - conducting the enforcement sweeps required by paragraph (1), - the Commission shall conduct monitoring sweeps to ascertain - whether the pirate radio broadcasting identified by enforcement - sweeps is continuing to broadcast and whether additional pirate - radio broadcasting is occurring. - ``(3) No effect on remaining enforcement.--Notwithstanding - paragraph (1), the Commission shall not decrease or diminish - the regular enforcement efforts targeted to pirate radio - broadcast stations for other times of the year. + ``(1) Annual sweeps.--Not less than once each year, the + Commission shall assign appropriate enforcement personnel to focus + specific and sustained attention on the elimination of pirate radio + broadcasting within the top 5 radio markets identified as prevalent + for such broadcasts. Such effort shall include identifying, + locating, and taking enforcement actions designed to terminate such + operations. + ``(2) Additional monitoring.--Within 6 months after conducting + the enforcement sweeps required by paragraph (1), the Commission + shall conduct monitoring sweeps to ascertain whether the pirate + radio broadcasting identified by enforcement sweeps is continuing + to broadcast and whether additional pirate radio broadcasting is + occurring. + ``(3) No effect on remaining enforcement.--Notwithstanding + paragraph (1), the Commission shall not decrease or diminish the + regular enforcement efforts targeted to pirate radio broadcast + stations for other times of the year. ``(e) State and Local Government Authority.--The Commission may not preempt any State or local law prohibiting pirate radio broadcasting. ``(f) Revision of Commission Rules Required.--The Commission shall @@ -78,25 +81,24 @@ alleging a violation of subsection (a) or (b), the Commission shall proceed directly to issue a notice of apparent liability without first issuing a notice of unlicensed operation. ``(g) Pirate Radio Broadcasting Database.-- - ``(1) In general.--Not later than 90 days after the date of - the enactment of this section, and semi-annually thereafter, - the Commission shall publish a database in a clear and legible - format of all licensed radio stations operating in the AM and - FM bands. The database shall be easily accessible from the - Commission home page through a direct link. The database shall - include the following information: - ``(A) Each licensed station, listed by the assigned - frequency, channel number, or Commission call letters. - ``(B) All entities that have received a notice of - unlicensed operation, notice of apparent liability, or - forfeiture order issued by the Commission. - ``(2) Clear identification.--The Commission shall clearly - identify in the database-- - ``(A) each licensed station as a station licensed - by the Commission; and - ``(B) each entity described in paragraph (1)(B) as - operating without a Commission license or - authorization. + ``(1) In general.--Not later than 90 days after the date of the + enactment of this section, and semi-annually thereafter, the + Commission shall publish a database in a clear and legible format + of all licensed radio stations operating in the AM and FM bands. + The database shall be easily accessible from the Commission home + page through a direct link. The database shall include the + following information: + ``(A) Each licensed station, listed by the assigned + frequency, channel number, or Commission call letters. + ``(B) All entities that have received a notice of + unlicensed operation, notice of apparent liability, or + forfeiture order issued by the Commission. + ``(2) Clear identification.--The Commission shall clearly + identify in the database-- + ``(A) each licensed station as a station licensed by the + Commission; and + ``(B) each entity described in paragraph (1)(B) as + operating without a Commission license or authorization. ``(h) Definition of Pirate Radio Broadcasting.--In this section, the term `pirate radio broadcasting' means the transmission of communications on spectrum frequencies between 535 and 1705 kilohertz, @@ -104,20 +106,7 @@ inclusive, or 87.7 and 108 megahertz, inclusive, without a license issued by the Commission, but does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations.''. - Passed the House of Representatives February 25, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 583 - -_______________________________________________________________________ - - AN ACT - - To amend the Communications Act of 1934 to provide for enhanced - penalties for pirate radio, and for other purposes. + Vice President of the United States and + President of the Senate. From 09d925275c3afe9f084b204525b3fc3ce2ae835d Mon Sep 17 00:00:00 2001 From: "Rep. Hartzler, Vicky [R-MO-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 053/984] House-639: Introduced to House --- bills_text/House-639.txt | 44 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-639.txt diff --git a/bills_text/House-639.txt b/bills_text/House-639.txt new file mode 100644 index 0000000..8272884 --- /dev/null +++ b/bills_text/House-639.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 639 + + To amend section 327 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act to clarify that National Urban Search and + Rescue Response System task forces may include Federal employees. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 17, 2019 + +Mrs. Hartzler introduced the following bill; which was referred to the + Committee on Transportation and Infrastructure + +_______________________________________________________________________ + + A BILL + + + + To amend section 327 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act to clarify that National Urban Search and + Rescue Response System task forces may include Federal employees. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. FEDERAL EMPLOYEES AND NATIONAL URBAN SEARCH AND RESCUE + RESPONSE SYSTEM TASK FORCES. + + Section 327 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5165f) is amended by adding at the end the +following: + ``(p) Federal Employees.--Nothing in this section shall be +construed to mean that a task force may not include Federal employees. +In the case of a Federal employee detailed to a task force, the +sponsoring agency shall enter into an agreement with the relevant +employing Federal agency.''. + \ No newline at end of file From 10f64a3eddf213da8feab467d31eacef1c8d5dc7 Mon Sep 17 00:00:00 2001 From: "Rep. Hartzler, Vicky [R-MO-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 054/984] House-639: Engrossed in House --- bills_text/House-639.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-639.txt b/bills_text/House-639.txt index 8272884..b17f87b 100644 --- a/bills_text/House-639.txt +++ b/bills_text/House-639.txt @@ -2,24 +2,9 @@ 1st Session H. R. 639 - To amend section 327 of the Robert T. Stafford Disaster Relief and - Emergency Assistance Act to clarify that National Urban Search and - Rescue Response System task forces may include Federal employees. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 17, 2019 - -Mrs. Hartzler introduced the following bill; which was referred to the - Committee on Transportation and Infrastructure - -_______________________________________________________________________ - - A BILL + AN ACT @@ -41,4 +26,22 @@ construed to mean that a task force may not include Federal employees. In the case of a Federal employee detailed to a task force, the sponsoring agency shall enter into an agreement with the relevant employing Federal agency.''. - \ No newline at end of file + + Passed the House of Representatives April 8, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 639 + +_______________________________________________________________________ + + AN ACT + + To amend section 327 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act to clarify that National Urban Search and + Rescue Response System task forces may include Federal employees. From 983b6d07ab37bf895e372bac5f5648da211931b9 Mon Sep 17 00:00:00 2001 From: "Rep. Hartzler, Vicky [R-MO-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 055/984] House-639: Enrolled --- bills_text/House-639.txt | 49 +++++++++++++++++----------------------- 1 file changed, 21 insertions(+), 28 deletions(-) diff --git a/bills_text/House-639.txt b/bills_text/House-639.txt index b17f87b..26167cd 100644 --- a/bills_text/House-639.txt +++ b/bills_text/House-639.txt @@ -1,23 +1,30 @@ -116th CONGRESS - 1st Session - H. R. 639 + H.R.639 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To amend section 327 of the Robert T. Stafford Disaster Relief and - Emergency Assistance Act to clarify that National Urban Search and - Rescue Response System task forces may include Federal employees. + To amend section 327 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act to clarify that National Urban Search and + Rescue Response System task forces may include Federal employees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. FEDERAL EMPLOYEES AND NATIONAL URBAN SEARCH AND RESCUE - RESPONSE SYSTEM TASK FORCES. - +RESPONSE SYSTEM TASK FORCES. Section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165f) is amended by adding at the end the following: @@ -27,21 +34,7 @@ In the case of a Federal employee detailed to a task force, the sponsoring agency shall enter into an agreement with the relevant employing Federal agency.''. - Passed the House of Representatives April 8, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 639 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend section 327 of the Robert T. Stafford Disaster Relief and - Emergency Assistance Act to clarify that National Urban Search and - Rescue Response System task forces may include Federal employees. + Vice President of the United States and + President of the Senate. From 507f4c95815fd32b0bdf548f9925d705862a2684 Mon Sep 17 00:00:00 2001 From: "Rep. Deutch, Theodore E. [D-FL-22]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 056/984] House-724: Introduced to House --- bills_text/House-724.txt | 158 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 158 insertions(+) create mode 100644 bills_text/House-724.txt diff --git a/bills_text/House-724.txt b/bills_text/House-724.txt new file mode 100644 index 0000000..a781ed6 --- /dev/null +++ b/bills_text/House-724.txt @@ -0,0 +1,158 @@ +116th CONGRESS + 1st Session + H. R. 724 + + To revise section 48 of title 18, United States Code, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 23, 2019 + + Mr. Deutch (for himself, Mr. Buchanan, Mr. Nadler, Mr. Aguilar, Ms. + Barragan, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Brownley of + California, Mr. Beyer, Mr. Chabot, Mr. Cartwright, Mr. Clay, Mr. +Connolly, Mr. Crist, Mr. Calvert, Mr. Budd, Ms. DeLauro, Mrs. Demings, + Mr. Swalwell of California, Ms. Eshoo, Mr. Cicilline, Mr. Foster, Mr. + Fitzpatrick, Mr. Garamendi, Mr. Grijalva, Ms. Jackson Lee, Mr. Engel, + Ms. Jayapal, Mr. Jones, Mr. Gonzalez of Texas, Ms. Kaptur, Mr. +Lipinski, Ms. McCollum, Mrs. Murphy, Mr. Higgins of New York, Mr. Mast, +Mr. Espaillat, Mr. O'Halleran, Mr. Meadows, Ms. Norton, Mr. Payne, Mr. + Moulton, Ms. Meng, Mr. Krishnamoorthi, Mr. Khanna, Ms. Matsui, Mr. + Keating, Mr. King of New York, Mr. Panetta, Mr. Quigley, Mr. Curtis, + Mr. Pocan, Mr. Sherman, Mr. Serrano, Mr. Schrader, Mr. Tipton, Mr. +Tonko, Mr. Thompson of California, Mr. Ryan, Ms. Frankel, Mr. Price of + North Carolina, Ms. Bass, Mr. Suozzi, Ms. Schakowsky, Mr. Meeks, Mrs. +Kirkpatrick, Mrs. Beatty, Ms. Kuster of New Hampshire, Mr. John W. Rose + of Tennessee, Ms. Shalala, Mr. Loebsack, Mr. Kilmer, Mrs. Lowey, Mr. + Correa, Ms. Gabbard, Mr. Marshall, Mr. Johnson of Georgia, Mr. Gaetz, + Mr. Buck, Mr. Schweikert, Mr. Gallego, Mr. Yarmuth, Mr. Zeldin, Mr. + Turner, Ms. Herrera Beutler, Mr. Collins of New York, Mr. Yoho, Miss +Rice of New York, Mr. Sablan, Mr. Welch, Mr. DeSaulnier, Ms. Stefanik, +Mr. Langevin, Ms. Wasserman Schultz, Mr. Posey, Ms. Roybal-Allard, Mr. + Pascrell, Mr. Vargas, Mr. Upton, Ms. Clark of Massachusetts, Mr. + Ruppersberger, Mr. Katko, Mr. Cole, Mr. Smith of Washington, Mr. +Peters, Ms. Titus, Mr. Kennedy, Mr. Cardenas, Mrs. Axne, Mr. Bera, Ms. + Lee of California, Mr. Brendan F. Boyle of Pennsylvania, Mr. Ted Lieu +of California, Mr. Rodney Davis of Illinois, Mr. Perry, Mr. Raskin, Mr. + Gomez, Ms. Hill of California, Ms. Pingree, Mr. Joyce of Ohio, Mr. +Neal, Ms. Speier, Mrs. Davis of California, Mr. Wittman, Ms. Velazquez, + Mrs. Torres of California, Mr. Williams, Mr. Cohen, Ms. Bonamici, Mr. + Levin of California, Mr. Lewis, Mr. Pallone, Mr. Gottheimer, Mr. +McEachin, Mr. Heck, Mr. Loudermilk, Mr. Vela, Mrs. Bustos, Mr. Kildee, + Ms. Slotkin, Ms. Judy Chu of California, Ms. Wilson of Florida, Mr. + Sires, Mr. Sean Patrick Maloney of New York, Mr. Schneider, Mr. + DeFazio, and Ms. Plaskett) introduced the following bill; which was + referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To revise section 48 of title 18, United States Code, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Preventing Animal Cruelty and +Torture Act'' or the ``PACT Act''. + +SEC. 2. REVISION OF SECTION 48. + + (a) In General.--Section 48 of title 18, United States Code, is +amended to read as follows: +``Sec. 48. Animal crushing + ``(a) Offenses.-- + ``(1) Crushing.--It shall be unlawful for any person to + purposely engage in animal crushing in or affecting interstate + or foreign commerce or within the special maritime and + territorial jurisdiction of the United States. + ``(2) Creation of animal crush videos.--It shall be + unlawful for any person to knowingly create an animal crush + video, if-- + ``(A) the person intends or has reason to know that + the animal crush video will be distributed in, or using + a means or facility of, interstate or foreign commerce; + or + ``(B) the animal crush video is distributed in, or + using a means or facility of, interstate or foreign + commerce. + ``(3) Distribution of animal crush videos.--It shall be + unlawful for any person to knowingly sell, market, advertise, + exchange, or distribute an animal crush video in, or using a + means or facility of, interstate or foreign commerce. + ``(b) Extraterritorial Application.--This section applies to the +knowing sale, marketing, advertising, exchange, distribution, or +creation of an animal crush video outside of the United States, if-- + ``(1) the person engaging in such conduct intends or has + reason to know that the animal crush video will be transported + into the United States or its territories or possessions; or + ``(2) the animal crush video is transported into the United + States or its territories or possessions. + ``(c) Penalties.--Whoever violates this section shall be fined +under this title, imprisoned for not more than 7 years, or both. + ``(d) Exceptions.-- + ``(1) In general.--This section does not apply with regard + to any conduct, or a visual depiction of that conduct, that + is-- + ``(A) a customary and normal veterinary, + agricultural husbandry, or other animal management + practice; + ``(B) the slaughter of animals for food; + ``(C) hunting, trapping, fishing, a sporting + activity not otherwise prohibited by Federal law, + predator control, or pest control; + ``(D) medical or scientific research; + ``(E) necessary to protect the life or property of + a person; or + ``(F) performed as part of euthanizing an animal. + ``(2) Good-faith distribution.--This section does not apply + to the good-faith distribution of an animal crush video to-- + ``(A) a law enforcement agency; or + ``(B) a third party for the sole purpose of + analysis to determine if referral to a law enforcement + agency is appropriate. + ``(3) Unintentional conduct.--This section does not apply + to unintentional conduct that injures or kills an animal. + ``(4) Consistency with rfra.--This section shall be + enforced in a manner that is consistent with section 3 of the + Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1). + ``(e) No Preemption.--Nothing in this section shall be construed to +preempt the law of any State or local subdivision thereof to protect +animals. + ``(f) Definitions.--In this section-- + ``(1) the term `animal crushing' means actual conduct in + which one or more living non-human mammals, birds, reptiles, or + amphibians is purposely crushed, burned, drowned, suffocated, + impaled, or otherwise subjected to serious bodily injury (as + defined in section 1365 and including conduct that, if + committed against a person and in the special maritime and + territorial jurisdiction of the United States, would violate + section 2241 or 2242); + ``(2) the term `animal crush video' means any photograph, + motion-picture film, video or digital recording, or electronic + image that-- + ``(A) depicts animal crushing; and + ``(B) is obscene; and + ``(3) the term `euthanizing an animal' means the humane + destruction of an animal accomplished by a method that-- + ``(A) produces rapid unconsciousness and subsequent + death without evidence of pain or distress; or + ``(B) uses anesthesia produced by an agent that + causes painless loss of consciousness and subsequent + death.''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 3 of title 18, United States Code, is amended by striking the +item relating to section 48 and inserting the following: + +``48. Animal crushing.''. + \ No newline at end of file From afaa74e5498d99cda9e1d61da202eb2b754fed6a Mon Sep 17 00:00:00 2001 From: "Rep. Deutch, Theodore E. [D-FL-22]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 057/984] House-724: Engrossed in House --- bills_text/House-724.txt | 78 +++++++++++++++------------------------- 1 file changed, 29 insertions(+), 49 deletions(-) diff --git a/bills_text/House-724.txt b/bills_text/House-724.txt index a781ed6..197b68a 100644 --- a/bills_text/House-724.txt +++ b/bills_text/House-724.txt @@ -2,56 +2,9 @@ 1st Session H. R. 724 - To revise section 48 of title 18, United States Code, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 23, 2019 - - Mr. Deutch (for himself, Mr. Buchanan, Mr. Nadler, Mr. Aguilar, Ms. - Barragan, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Brownley of - California, Mr. Beyer, Mr. Chabot, Mr. Cartwright, Mr. Clay, Mr. -Connolly, Mr. Crist, Mr. Calvert, Mr. Budd, Ms. DeLauro, Mrs. Demings, - Mr. Swalwell of California, Ms. Eshoo, Mr. Cicilline, Mr. Foster, Mr. - Fitzpatrick, Mr. Garamendi, Mr. Grijalva, Ms. Jackson Lee, Mr. Engel, - Ms. Jayapal, Mr. Jones, Mr. Gonzalez of Texas, Ms. Kaptur, Mr. -Lipinski, Ms. McCollum, Mrs. Murphy, Mr. Higgins of New York, Mr. Mast, -Mr. Espaillat, Mr. O'Halleran, Mr. Meadows, Ms. Norton, Mr. Payne, Mr. - Moulton, Ms. Meng, Mr. Krishnamoorthi, Mr. Khanna, Ms. Matsui, Mr. - Keating, Mr. King of New York, Mr. Panetta, Mr. Quigley, Mr. Curtis, - Mr. Pocan, Mr. Sherman, Mr. Serrano, Mr. Schrader, Mr. Tipton, Mr. -Tonko, Mr. Thompson of California, Mr. Ryan, Ms. Frankel, Mr. Price of - North Carolina, Ms. Bass, Mr. Suozzi, Ms. Schakowsky, Mr. Meeks, Mrs. -Kirkpatrick, Mrs. Beatty, Ms. Kuster of New Hampshire, Mr. John W. Rose - of Tennessee, Ms. Shalala, Mr. Loebsack, Mr. Kilmer, Mrs. Lowey, Mr. - Correa, Ms. Gabbard, Mr. Marshall, Mr. Johnson of Georgia, Mr. Gaetz, - Mr. Buck, Mr. Schweikert, Mr. Gallego, Mr. Yarmuth, Mr. Zeldin, Mr. - Turner, Ms. Herrera Beutler, Mr. Collins of New York, Mr. Yoho, Miss -Rice of New York, Mr. Sablan, Mr. Welch, Mr. DeSaulnier, Ms. Stefanik, -Mr. Langevin, Ms. Wasserman Schultz, Mr. Posey, Ms. Roybal-Allard, Mr. - Pascrell, Mr. Vargas, Mr. Upton, Ms. Clark of Massachusetts, Mr. - Ruppersberger, Mr. Katko, Mr. Cole, Mr. Smith of Washington, Mr. -Peters, Ms. Titus, Mr. Kennedy, Mr. Cardenas, Mrs. Axne, Mr. Bera, Ms. - Lee of California, Mr. Brendan F. Boyle of Pennsylvania, Mr. Ted Lieu -of California, Mr. Rodney Davis of Illinois, Mr. Perry, Mr. Raskin, Mr. - Gomez, Ms. Hill of California, Ms. Pingree, Mr. Joyce of Ohio, Mr. -Neal, Ms. Speier, Mrs. Davis of California, Mr. Wittman, Ms. Velazquez, - Mrs. Torres of California, Mr. Williams, Mr. Cohen, Ms. Bonamici, Mr. - Levin of California, Mr. Lewis, Mr. Pallone, Mr. Gottheimer, Mr. -McEachin, Mr. Heck, Mr. Loudermilk, Mr. Vela, Mrs. Bustos, Mr. Kildee, - Ms. Slotkin, Ms. Judy Chu of California, Ms. Wilson of Florida, Mr. - Sires, Mr. Sean Patrick Maloney of New York, Mr. Schneider, Mr. - DeFazio, and Ms. Plaskett) introduced the following bill; which was - referred to the Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -155,4 +108,31 @@ chapter 3 of title 18, United States Code, is amended by striking the item relating to section 48 and inserting the following: ``48. Animal crushing.''. - \ No newline at end of file + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, and the amendments made by this +Act, for the purpose of complying with the Statutory Pay-As-You-Go Act +of 2010, shall be determined by reference to the latest statement +titled ``Budgetary Effects of PAYGO Legislation'' for this Act, +submitted for printing in the Congressional Record by the Chairman of +the House Budget Committee, provided that such statement has been +submitted prior to the vote on passage. + + Passed the House of Representatives October 22, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 724 + +_______________________________________________________________________ + + AN ACT + + To revise section 48 of title 18, United States Code, and for other + purposes. From 72cec7072ecb82672def8a26f5bc850399d2aef2 Mon Sep 17 00:00:00 2001 From: "Rep. Deutch, Theodore E. [D-FL-22]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 058/984] House-724: Enrolled --- bills_text/House-724.txt | 174 ++++++++++++++++++--------------------- 1 file changed, 79 insertions(+), 95 deletions(-) diff --git a/bills_text/House-724.txt b/bills_text/House-724.txt index 197b68a..6dad0c7 100644 --- a/bills_text/House-724.txt +++ b/bills_text/House-724.txt @@ -1,116 +1,113 @@ -116th CONGRESS - 1st Session - H. R. 724 + H.R.724 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To revise section 48 of title 18, United States Code, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Preventing Animal Cruelty and Torture Act'' or the ``PACT Act''. - SEC. 2. REVISION OF SECTION 48. - (a) In General.--Section 48 of title 18, United States Code, is amended to read as follows: ``Sec. 48. Animal crushing ``(a) Offenses.-- - ``(1) Crushing.--It shall be unlawful for any person to - purposely engage in animal crushing in or affecting interstate - or foreign commerce or within the special maritime and - territorial jurisdiction of the United States. - ``(2) Creation of animal crush videos.--It shall be - unlawful for any person to knowingly create an animal crush - video, if-- - ``(A) the person intends or has reason to know that - the animal crush video will be distributed in, or using - a means or facility of, interstate or foreign commerce; - or - ``(B) the animal crush video is distributed in, or - using a means or facility of, interstate or foreign - commerce. - ``(3) Distribution of animal crush videos.--It shall be - unlawful for any person to knowingly sell, market, advertise, - exchange, or distribute an animal crush video in, or using a + ``(1) Crushing.--It shall be unlawful for any person to + purposely engage in animal crushing in or affecting interstate or + foreign commerce or within the special maritime and territorial + jurisdiction of the United States. + ``(2) Creation of animal crush videos.--It shall be unlawful + for any person to knowingly create an animal crush video, if-- + ``(A) the person intends or has reason to know that the + animal crush video will be distributed in, or using a means or + facility of, interstate or foreign commerce; or + ``(B) the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce. + ``(3) Distribution of animal crush videos.--It shall be + unlawful for any person to knowingly sell, market, advertise, + exchange, or distribute an animal crush video in, or using a means + or facility of, interstate or foreign commerce. ``(b) Extraterritorial Application.--This section applies to the knowing sale, marketing, advertising, exchange, distribution, or creation of an animal crush video outside of the United States, if-- - ``(1) the person engaging in such conduct intends or has - reason to know that the animal crush video will be transported - into the United States or its territories or possessions; or - ``(2) the animal crush video is transported into the United - States or its territories or possessions. + ``(1) the person engaging in such conduct intends or has reason + to know that the animal crush video will be transported into the + United States or its territories or possessions; or + ``(2) the animal crush video is transported into the United + States or its territories or possessions. ``(c) Penalties.--Whoever violates this section shall be fined under this title, imprisoned for not more than 7 years, or both. ``(d) Exceptions.-- - ``(1) In general.--This section does not apply with regard - to any conduct, or a visual depiction of that conduct, that - is-- - ``(A) a customary and normal veterinary, - agricultural husbandry, or other animal management - practice; - ``(B) the slaughter of animals for food; - ``(C) hunting, trapping, fishing, a sporting - activity not otherwise prohibited by Federal law, - predator control, or pest control; - ``(D) medical or scientific research; - ``(E) necessary to protect the life or property of - a person; or - ``(F) performed as part of euthanizing an animal. - ``(2) Good-faith distribution.--This section does not apply - to the good-faith distribution of an animal crush video to-- - ``(A) a law enforcement agency; or - ``(B) a third party for the sole purpose of - analysis to determine if referral to a law enforcement - agency is appropriate. - ``(3) Unintentional conduct.--This section does not apply - to unintentional conduct that injures or kills an animal. - ``(4) Consistency with rfra.--This section shall be - enforced in a manner that is consistent with section 3 of the - Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1). + ``(1) In general.--This section does not apply with regard to + any conduct, or a visual depiction of that conduct, that is-- + ``(A) a customary and normal veterinary, agricultural + husbandry, or other animal management practice; + ``(B) the slaughter of animals for food; + ``(C) hunting, trapping, fishing, a sporting activity not + otherwise prohibited by Federal law, predator control, or pest + control; + ``(D) medical or scientific research; + ``(E) necessary to protect the life or property of a + person; or + ``(F) performed as part of euthanizing an animal. + ``(2) Good-faith distribution.--This section does not apply to + the good-faith distribution of an animal crush video to-- + ``(A) a law enforcement agency; or + ``(B) a third party for the sole purpose of analysis to + determine if referral to a law enforcement agency is + appropriate. + ``(3) Unintentional conduct.--This section does not apply to + unintentional conduct that injures or kills an animal. + ``(4) Consistency with rfra.--This section shall be enforced in + a manner that is consistent with section 3 of the Religious Freedom + Restoration Act of 1993 (42 U.S.C. 2000bb-1). ``(e) No Preemption.--Nothing in this section shall be construed to preempt the law of any State or local subdivision thereof to protect animals. ``(f) Definitions.--In this section-- - ``(1) the term `animal crushing' means actual conduct in - which one or more living non-human mammals, birds, reptiles, or - amphibians is purposely crushed, burned, drowned, suffocated, - impaled, or otherwise subjected to serious bodily injury (as - defined in section 1365 and including conduct that, if - committed against a person and in the special maritime and - territorial jurisdiction of the United States, would violate - section 2241 or 2242); - ``(2) the term `animal crush video' means any photograph, - motion-picture film, video or digital recording, or electronic - image that-- - ``(A) depicts animal crushing; and - ``(B) is obscene; and - ``(3) the term `euthanizing an animal' means the humane - destruction of an animal accomplished by a method that-- - ``(A) produces rapid unconsciousness and subsequent - death without evidence of pain or distress; or - ``(B) uses anesthesia produced by an agent that - causes painless loss of consciousness and subsequent - death.''. + ``(1) the term `animal crushing' means actual conduct in which + one or more living non-human mammals, birds, reptiles, or + amphibians is purposely crushed, burned, drowned, suffocated, + impaled, or otherwise subjected to serious bodily injury (as + defined in section 1365 and including conduct that, if committed + against a person and in the special maritime and territorial + jurisdiction of the United States, would violate section 2241 or + 2242); + ``(2) the term `animal crush video' means any photograph, + motion-picture film, video or digital recording, or electronic + image that-- + ``(A) depicts animal crushing; and + ``(B) is obscene; and + ``(3) the term `euthanizing an animal' means the humane + destruction of an animal accomplished by a method that-- + ``(A) produces rapid unconsciousness and subsequent death + without evidence of pain or distress; or + ``(B) uses anesthesia produced by an agent that causes + painless loss of consciousness and subsequent death.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 18, United States Code, is amended by striking the item relating to section 48 and inserting the following: ``48. Animal crushing.''. - SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, and the amendments made by this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement @@ -119,20 +116,7 @@ submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives October 22, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 724 - -_______________________________________________________________________ - - AN ACT - - To revise section 48 of title 18, United States Code, and for other - purposes. + Vice President of the United States and + President of the Senate. From b730312621ac1915796bbef03c58d7b2d60ab123 Mon Sep 17 00:00:00 2001 From: "Rep. Courtney, Joe [D-CT-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 059/984] House-748: Introduced to House --- bills_text/House-748.txt | 104 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 104 insertions(+) create mode 100644 bills_text/House-748.txt diff --git a/bills_text/House-748.txt b/bills_text/House-748.txt new file mode 100644 index 0000000..db85132 --- /dev/null +++ b/bills_text/House-748.txt @@ -0,0 +1,104 @@ +116th CONGRESS + 1st Session + H. R. 748 + +To amend the Internal Revenue Code of 1986 to repeal the excise tax on + high cost employer-sponsored health coverage. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 24, 2019 + +Mr. Courtney (for himself, Mr. Kelly of Pennsylvania, Ms. DelBene, Ms. + Stefanik, Mr. Norcross, Mr. Smith of New Jersey, Mr. Fitzpatrick, and + Ms. Titus) introduced the following bill; which was referred to the + Committee on Ways and Means + +_______________________________________________________________________ + + A BILL + + + +To amend the Internal Revenue Code of 1986 to repeal the excise tax on + high cost employer-sponsored health coverage. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Middle Class Health Benefits Tax +Repeal Act of 2019''. + +SEC. 2. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH + COVERAGE. + + (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is +amended by striking section 4980I. + (b) Conforming Amendment.--Section 6051 of such Code is amended-- + (1) in paragraph (14) of subsection (a), by striking + ``section 4980I(d)(1)'' and inserting ``subsection (g)'', and + (2) by adding at the end the following: + ``(g) Applicable Employer-Sponsored Coverage.--For purposes of +subsection (a)(14)-- + ``(1) In general.--The term `applicable employer-sponsored + coverage' means, with respect to any employee, coverage under + any group health plan made available to the employee by an + employer which is excludable from the employee's gross income + under section 106, or would be so excludable if it were + employer-provided coverage (within the meaning of such section + 106). + ``(2) Exceptions.--The term `applicable employer-sponsored + coverage' shall not include-- + ``(A) any coverage (whether through insurance or + otherwise) described in section 9832(c)(1) (other than + subparagraph (G) thereof) or for long-term care, + ``(B) any coverage under a separate policy, + certificate, or contract of insurance which provides + benefits substantially all of which are for treatment + of the mouth (including any organ or structure within + the mouth) or for treatment of the eye, or + ``(C) any coverage described in section 9832(c)(3) + the payment for which is not excludable from gross + income and for which a deduction under section 162(l) + is not allowable. + ``(3) Coverage includes employee paid portion.--Coverage + shall be treated as applicable employer-sponsored coverage + without regard to whether the employer or employee pays for the + coverage. + ``(4) Governmental plans included.--Applicable employer- + sponsored coverage shall include coverage under any group + health plan established and maintained primarily for its + civilian employees by the Government of the United States, by + the government of any State or political subdivision thereof, + or by any agency or instrumentality of any such government. + ``(5) Cost of coverage.-- + ``(A) Health fsas.--In the case of applicable + employer-sponsored coverage consisting of coverage + under a flexible spending arrangement (as defined in + section 106(c)(2)), the cost of the coverage shall be + equal to the amount determined under rules similar to + the rules of section 4980B(f)(4) with respect to any + reimbursement under the arrangement reduced by the + contributions described in subsection (a)(14)(B). + ``(B) Archer msas and hsas.--In the case of + applicable employer-sponsored coverage consisting of + coverage under an arrangement under which the employer + makes contributions described in subsection (b) or (d) + of section 106, the cost of the coverage shall be equal + to the amount of employer contributions under the + arrangement. + ``(C) Allocation on a monthly basis.--If cost is + determined on other than a monthly basis, the cost + shall be allocated to months in a taxable period on + such basis as the Secretary may prescribe.''. + (c) Clerical Amendment.--The table of sections for chapter 43 of +such Code is amended by striking the item relating to section 4980I. + (d) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2019. + \ No newline at end of file From b263a40eae4645a2379ab25ccc8713329136766b Mon Sep 17 00:00:00 2001 From: "Rep. Courtney, Joe [D-CT-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 060/984] House-748: Engrossed in House --- bills_text/House-748.txt | 87 +++++++++++++++++++--------------------- 1 file changed, 41 insertions(+), 46 deletions(-) diff --git a/bills_text/House-748.txt b/bills_text/House-748.txt index db85132..37e3683 100644 --- a/bills_text/House-748.txt +++ b/bills_text/House-748.txt @@ -2,25 +2,9 @@ 1st Session H. R. 748 -To amend the Internal Revenue Code of 1986 to repeal the excise tax on - high cost employer-sponsored health coverage. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 24, 2019 - -Mr. Courtney (for himself, Mr. Kelly of Pennsylvania, Ms. DelBene, Ms. - Stefanik, Mr. Norcross, Mr. Smith of New Jersey, Mr. Fitzpatrick, and - Ms. Titus) introduced the following bill; which was referred to the - Committee on Ways and Means - -_______________________________________________________________________ - - A BILL + AN ACT @@ -40,10 +24,13 @@ SEC. 2. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980I. - (b) Conforming Amendment.--Section 6051 of such Code is amended-- - (1) in paragraph (14) of subsection (a), by striking - ``section 4980I(d)(1)'' and inserting ``subsection (g)'', and - (2) by adding at the end the following: + (b) Conforming Amendments.-- + (1) Section 6051 of such Code is amended-- + (A) by striking ``section 4980I(d)(1)'' in + subsection (a)(14) and inserting ``subsection (g)'', + and + (B) by adding at the end the following new + subsection: ``(g) Applicable Employer-Sponsored Coverage.--For purposes of subsection (a)(14)-- ``(1) In general.--The term `applicable employer-sponsored @@ -76,29 +63,37 @@ subsection (a)(14)-- health plan established and maintained primarily for its civilian employees by the Government of the United States, by the government of any State or political subdivision thereof, - or by any agency or instrumentality of any such government. - ``(5) Cost of coverage.-- - ``(A) Health fsas.--In the case of applicable - employer-sponsored coverage consisting of coverage - under a flexible spending arrangement (as defined in - section 106(c)(2)), the cost of the coverage shall be - equal to the amount determined under rules similar to - the rules of section 4980B(f)(4) with respect to any - reimbursement under the arrangement reduced by the - contributions described in subsection (a)(14)(B). - ``(B) Archer msas and hsas.--In the case of - applicable employer-sponsored coverage consisting of - coverage under an arrangement under which the employer - makes contributions described in subsection (b) or (d) - of section 106, the cost of the coverage shall be equal - to the amount of employer contributions under the - arrangement. - ``(C) Allocation on a monthly basis.--If cost is - determined on other than a monthly basis, the cost - shall be allocated to months in a taxable period on - such basis as the Secretary may prescribe.''. - (c) Clerical Amendment.--The table of sections for chapter 43 of -such Code is amended by striking the item relating to section 4980I. - (d) Effective Date.--The amendments made by this section shall + or by any agency or instrumentality of any such government.''. + (2) Section 9831(d)(1) of such Code is amended by striking + ``except as provided in section 4980I(f)(4)''. + (3) The table of sections for chapter 43 of such Code is + amended by striking the item relating to section 4980I. + (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2019. - \ No newline at end of file + +SEC. 3. BUDGETARY EFFECTS. + + (a) Statutory PAYGO Scorecards.--The budgetary effects of this Act +shall not be entered on either PAYGO scorecard maintained pursuant to +section 4(d) of the Statutory Pay-As-You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of this Act +shall not be entered on any PAYGO scorecard maintained for purposes of +section 4106 of H. Con. Res. 71 (115th Congress). + + Passed the House of Representatives July 17, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 748 + +_______________________________________________________________________ + + AN ACT + +To amend the Internal Revenue Code of 1986 to repeal the excise tax on + high cost employer-sponsored health coverage. From 3b1a4567dc58026a79d65568ba573492cf15624e Mon Sep 17 00:00:00 2001 From: "Rep. Courtney, Joe [D-CT-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 061/984] House-748: Enrolled --- bills_text/House-748.txt | 18216 ++++++++++++++++++++++++++++++++++++- 1 file changed, 18141 insertions(+), 75 deletions(-) diff --git a/bills_text/House-748.txt b/bills_text/House-748.txt index 37e3683..de944eb 100644 --- a/bills_text/House-748.txt +++ b/bills_text/House-748.txt @@ -1,99 +1,18165 @@ -116th CONGRESS - 1st Session - H. R. 748 + H.R.748 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend the Internal Revenue Code of 1986 to repeal the excise tax on - high cost employer-sponsored health coverage. + To amend the Internal Revenue Code of 1986 to repeal the excise tax on + high cost employer-sponsored health coverage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. + This Act may be cited as the ``Coronavirus Aid, Relief, and +Economic Security Act'' or the ``CARES Act''. +SEC. 2. TABLE OF CONTENTS. + The table of contents for this Act is as follows: - This Act may be cited as the ``Middle Class Health Benefits Tax -Repeal Act of 2019''. +Sec. 1. Short title. +Sec. 2. Table of contents. +Sec. 3. References. -SEC. 2. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH - COVERAGE. + DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM + ENHANCEMENTS, AND ECONOMIC STABILIZATION - (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is -amended by striking section 4980I. - (b) Conforming Amendments.-- - (1) Section 6051 of such Code is amended-- - (A) by striking ``section 4980I(d)(1)'' in - subsection (a)(14) and inserting ``subsection (g)'', - and - (B) by adding at the end the following new - subsection: - ``(g) Applicable Employer-Sponsored Coverage.--For purposes of -subsection (a)(14)-- - ``(1) In general.--The term `applicable employer-sponsored - coverage' means, with respect to any employee, coverage under - any group health plan made available to the employee by an - employer which is excludable from the employee's gross income - under section 106, or would be so excludable if it were - employer-provided coverage (within the meaning of such section - 106). - ``(2) Exceptions.--The term `applicable employer-sponsored - coverage' shall not include-- - ``(A) any coverage (whether through insurance or - otherwise) described in section 9832(c)(1) (other than - subparagraph (G) thereof) or for long-term care, - ``(B) any coverage under a separate policy, - certificate, or contract of insurance which provides - benefits substantially all of which are for treatment - of the mouth (including any organ or structure within - the mouth) or for treatment of the eye, or - ``(C) any coverage described in section 9832(c)(3) - the payment for which is not excludable from gross - income and for which a deduction under section 162(l) - is not allowable. - ``(3) Coverage includes employee paid portion.--Coverage - shall be treated as applicable employer-sponsored coverage - without regard to whether the employer or employee pays for the - coverage. - ``(4) Governmental plans included.--Applicable employer- - sponsored coverage shall include coverage under any group - health plan established and maintained primarily for its - civilian employees by the Government of the United States, by - the government of any State or political subdivision thereof, - or by any agency or instrumentality of any such government.''. - (2) Section 9831(d)(1) of such Code is amended by striking - ``except as provided in section 4980I(f)(4)''. - (3) The table of sections for chapter 43 of such Code is - amended by striking the item relating to section 4980I. + TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT + +Sec. 1101. Definitions. +Sec. 1102. Paycheck protection program. +Sec. 1103. Entrepreneurial development. +Sec. 1104. State trade expansion program. +Sec. 1105. Waiver of matching funds requirement under the women's + business center program. +Sec. 1106. Loan forgiveness. +Sec. 1107. Direct appropriations. +Sec. 1108. Minority business development agency. +Sec. 1109. United States Treasury Program Management Authority. +Sec. 1110. Emergency EIDL grants. +Sec. 1111. Resources and services in languages other than English. +Sec. 1112. Subsidy for certain loan payments. +Sec. 1113. Bankruptcy. +Sec. 1114. Emergency rulemaking authority. + + TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES + + Subtitle A--Unemployment Insurance Provisions + +Sec. 2101. Short title. +Sec. 2102. Pandemic Unemployment Assistance. +Sec. 2103. Emergency unemployment relief for governmental entities and + nonprofit organizations. +Sec. 2104. Emergency increase in unemployment compensation benefits. +Sec. 2105. Temporary full Federal funding of the first week of + compensable regular unemployment for States with no waiting + week. +Sec. 2106. Emergency State staffing flexibility. +Sec. 2107. Pandemic emergency unemployment compensation. +Sec. 2108. Temporary financing of short-time compensation payments in + States with programs in law. +Sec. 2109. Temporary financing of short-time compensation agreements. +Sec. 2110. Grants for short-time compensation programs. +Sec. 2111. Assistance and guidance in implementing programs. +Sec. 2112. Waiver of the 7-day waiting period for benefits under the + Railroad Unemployment Insurance Act. +Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance + Act. +Sec. 2114. Extended unemployment benefits under the Railroad + Unemployment Insurance Act. +Sec. 2115. Funding for the DOL Office of Inspector General for oversight + of unemployment provisions. +Sec. 2116. Implementation. + + Subtitle B--Rebates and Other Individual Provisions + +Sec. 2201. 2020 recovery rebates for individuals. +Sec. 2202. Special rules for use of retirement funds. +Sec. 2203. Temporary waiver of required minimum distribution rules for + certain retirement plans and accounts. +Sec. 2204. Allowance of partial above the line deduction for charitable + contributions. +Sec. 2205. Modification of limitations on charitable contributions + during 2020. +Sec. 2206. Exclusion for certain employer payments of student loans. + + Subtitle C--Business Provisions + +Sec. 2301. Employee retention credit for employers subject to closure + due to COVID-19. +Sec. 2302. Delay of payment of employer payroll taxes. +Sec. 2303. Modifications for net operating losses. +Sec. 2304. Modification of limitation on losses for taxpayers other than + corporations. +Sec. 2305. Modification of credit for prior year minimum tax liability + of corporations. +Sec. 2306. Modifications of limitation on business interest. +Sec. 2307. Technical amendments regarding qualified improvement + property. +Sec. 2308. Temporary exception from excise tax for alcohol used to + produce hand sanitizer. + +TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST + THE CORONAVIRUS + + Subtitle A--Health Provisions + +Sec. 3001. Short title. + + PART I--Addressing Supply Shortages + + subpart a--medical product supplies + +Sec. 3101. National Academies report on America's medical product supply + chain security. +Sec. 3102. Requiring the strategic national stockpile to include certain + types of medical supplies. +Sec. 3103. Treatment of respiratory protective devices as covered + countermeasures. + + subpart b--mitigating emergency drug shortages + +Sec. 3111. Prioritize reviews of drug applications; incentives. +Sec. 3112. Additional manufacturer reporting requirements in response to + drug shortages. + + subpart c--preventing medical device shortages + +Sec. 3121. Discontinuance or interruption in the production of medical + devices. + + PART II--Access to Health Care for COVID-19 Patients + + subpart a--coverage of testing and preventive services + +Sec. 3201. Coverage of diagnostic testing for COVID-19. +Sec. 3202. Pricing of diagnostic testing. +Sec. 3203. Rapid coverage of preventive services and vaccines for + coronavirus. + + subpart b--support for health care providers + +Sec. 3211. Supplemental awards for health centers. +Sec. 3212. Telehealth network and telehealth resource centers grant + programs. +Sec. 3213. Rural health care services outreach, rural health network + development, and small health care provider quality + improvement grant programs. +Sec. 3214. United States Public Health Service Modernization. +Sec. 3215. Limitation on liability for volunteer health care + professionals during COVID-19 emergency response. +Sec. 3216. Flexibility for members of National Health Service Corps + during emergency period. + + subpart c--miscellaneous provisions + +Sec. 3221. Confidentiality and disclosure of records relating to + substance use disorder. +Sec. 3222. Nutrition services. +Sec. 3223. Continuity of service and opportunities for participants in + community service activities under title V of the Older + Americans Act of 1965. +Sec. 3224. Guidance on protected health information. +Sec. 3225. Reauthorization of healthy start program. +Sec. 3226. Importance of the blood supply. + + PART III--Innovation + +Sec. 3301. Removing the cap on OTA during public health emergencies. +Sec. 3302. Priority zoonotic animal drugs. + + PART IV--Health Care Workforce + +Sec. 3401. Reauthorization of health professions workforce programs. +Sec. 3402. Health workforce coordination. +Sec. 3403. Education and training relating to geriatrics. +Sec. 3404. Nursing workforce development. + + Subtitle B--Education Provisions + +Sec. 3501. Short title. +Sec. 3502. Definitions. +Sec. 3503. Campus-based aid waivers. +Sec. 3504. Use of supplemental educational opportunity grants for + emergency aid. +Sec. 3505. Federal work-study during a qualifying emergency. +Sec. 3506. Adjustment of subsidized loan usage limits. +Sec. 3507. Exclusion from Federal Pell Grant duration limit. +Sec. 3508. Institutional refunds and Federal student loan flexibility. +Sec. 3509. Satisfactory academic progress. +Sec. 3510. Continuing education at affected foreign institutions. +Sec. 3511. National emergency educational waivers. +Sec. 3512. HBCU Capital financing. +Sec. 3513. Temporary relief for federal student loan borrowers. +Sec. 3514. Provisions related to the Corporation for National and + Community Service. +Sec. 3515. Workforce response activities. +Sec. 3516. Technical amendments. +Sec. 3517. Waiver authority and reporting requirement for institutional + aid. +Sec. 3518. Authorized uses and other modifications for grants. +Sec. 3519. Service obligations for teachers. + + Subtitle C--Labor Provisions + +Sec. 3601. Limitation on paid leave. +Sec. 3602. Emergency Paid Sick Leave Act Limitation. +Sec. 3603. Unemployment insurance. +Sec. 3604. OMB Waiver of Paid Family and Paid Sick Leave. +Sec. 3605. Paid leave for rehired employees. +Sec. 3606. Advance refunding of credits. +Sec. 3607. Expansion of DOL Authority to postpone certain deadlines. +Sec. 3608. Single-employer plan funding rules. +Sec. 3609. Application of cooperative and small employer charity pension + plan rules to certain charitable employers whose primary + exempt purpose is providing services with respect to mothers + and children. +Sec. 3610. Federal contractor authority. +Sec. 3611. Technical corrections. + + Subtitle D--Finance Committee + +Sec. 3701. Exemption for telehealth services. +Sec. 3702. Inclusion of certain over-the-counter medical products as + qualified medical expenses. +Sec. 3703. Increasing Medicare telehealth flexibilities during emergency + period. +Sec. 3704. Enhancing Medicare telehealth services for Federally + qualified health centers and rural health clinics during + emergency period. +Sec. 3705. Temporary waiver of requirement for face-to-face visits + between home dialysis patients and physicians. +Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to + recertification of eligibility for hospice care during + emergency period. +Sec. 3707. Encouraging use of telecommunications systems for home health + services furnished during emergency period. +Sec. 3708. Improving care planning for Medicare home health services. +Sec. 3709. Adjustment of sequestration. +Sec. 3710. Medicare hospital inpatient prospective payment system add-on + payment for COVID-19 patients during emergency period. +Sec. 3711. Increasing access to post-acute care during emergency period. +Sec. 3712. Revising payment rates for durable medical equipment under + the Medicare program through duration of emergency period. +Sec. 3713. Coverage of the COVID-19 vaccine under part B of the Medicare + program without any cost-sharing. +Sec. 3714. Requiring Medicare prescription drug plans and MA-PD plans to + allow during the COVID-19 emergency period for fills and + refills of covered part D drugs for up to a 3-month supply. +Sec. 3715. Providing home and community-based services in acute care + hospitals. +Sec. 3716. Clarification regarding uninsured individuals. +Sec. 3717. Clarification regarding coverage of COVID-19 testing + products. +Sec. 3718. Amendments relating to reporting requirements with respect to + clinical diagnostic laboratory tests. +Sec. 3719. Expansion of the Medicare hospital accelerated payment + program during the COVID-19 public health emergency. +Sec. 3720. Delaying requirements for enhanced FMAP to enable State + legislation necessary for compliance. + + Subtitle E--Health and Human Services Extenders + + PART I--Medicare Provisions + +Sec. 3801. Extension of the work geographic index floor under the + Medicare program. +Sec. 3802. Extension of funding for quality measure endorsement, input, + and selection. +Sec. 3803. Extension of funding outreach and assistance for low-income + programs. + + PART II--Medicaid Provisions + +Sec. 3811. Extension of the Money Follows the Person rebalancing + demonstration program. +Sec. 3812. Extension of spousal impoverishment protections. +Sec. 3813. Delay of DSH reductions. +Sec. 3814. Extension and expansion of Community Mental Health Services + demonstration program. + + PART III--Human Services and Other Health Programs + +Sec. 3821. Extension of sexual risk avoidance education program. +Sec. 3822. Extension of personal responsibility education program. +Sec. 3823. Extension of demonstration projects to address health + professions workforce needs. +Sec. 3824. Extension of the temporary assistance for needy families + program and related programs. + + PART IV--Public Health Provisions + +Sec. 3831. Extension for community health centers, the National Health + Service Corps, and teaching health centers that operate GME + programs. +Sec. 3832. Diabetes programs. + + PART V--Miscellaneous Provisions + +Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020. + + Subtitle F--Over-the-Counter Drugs + + PART I--OTC Drug Review + +Sec. 3851. Regulation of certain nonprescription drugs that are marketed + without an approved drug application. +Sec. 3852. Misbranding. +Sec. 3853. Drugs excluded from the over-the-counter drug review. +Sec. 3854. Treatment of Sunscreen Innovation Act. +Sec. 3855. Annual update to Congress on appropriate pediatric indication + for certain OTC cough and cold drugs. +Sec. 3856. Technical corrections. + + PART II--User Fees + +Sec. 3861. Finding. +Sec. 3862. Fees relating to over-the-counter drugs. + + TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED + SECTORS OF THE UNITED STATES ECONOMY + + Subtitle A--Coronavirus Economic Stabilization Act of 2020 + +Sec. 4001. Short title. +Sec. 4002. Definitions. +Sec. 4003. Emergency relief and taxpayer protections. +Sec. 4004. Limitation on certain employee compensation. +Sec. 4005. Continuation of certain air service. +Sec. 4006. Coordination with Secretary of Transportation. +Sec. 4007. Suspension of certain aviation excise taxes. +Sec. 4008. Debt guarantee authority. +Sec. 4009. Temporary Government in the Sunshine Act relief. +Sec. 4010. Temporary hiring flexibility. +Sec. 4011. Temporary lending limit waiver. +Sec. 4012. Temporary relief for community banks. +Sec. 4013. Temporary relief from troubled debt restructurings. +Sec. 4014. Optional temporary relief from current expected credit + losses. +Sec. 4015. Non-applicability of restrictions on ESF during national + emergency. +Sec. 4016. Temporary credit union provisions. +Sec. 4017. Increasing access to materials necessary for national + security and pandemic recovery. +Sec. 4018. Special Inspector General for Pandemic Recovery. +Sec. 4019. Conflicts of interest. +Sec. 4020. Congressional Oversight Commission. +Sec. 4021. Credit protection during COVID-19. +Sec. 4022. Foreclosure moratorium and consumer right to request + forbearance. +Sec. 4023. Forbearance of residential mortgage loan payments for + multifamily properties with federally backed loans. +Sec. 4024. Temporary moratorium on eviction filings. +Sec. 4025. Protection of collective bargaining agreement. +Sec. 4026. Reports. +Sec. 4027. Direct appropriation. +Sec. 4028. Rule of construction. +Sec. 4029. Termination of authority. + + Subtitle B--Air Carrier Worker Support + +Sec. 4111. Definitions. +Sec. 4112. Pandemic relief for aviation workers. +Sec. 4113. Procedures for providing payroll support. +Sec. 4114. Required assurances. +Sec. 4115. Protection of collective bargaining agreement. +Sec. 4116. Limitation on certain employee compensation. +Sec. 4117. Tax payer protection. +Sec. 4118. Reports. +Sec. 4119. Coordination. +Sec. 4120. Direct appropriation. + + TITLE V--CORONAVIRUS RELIEF FUNDS + +Sec. 5001. Coronavirus Relief Fund. + + TITLE VI--MISCELLANEOUS PROVISIONS + +Sec. 6001. COVID-19 borrowing authority for the United States Postal + Service. +Sec. 6002. Emergency designation. + +DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE AND + AGENCY OPERATIONS + +SEC. 3. REFERENCES. + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. + + DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM + ENHANCEMENTS, AND ECONOMIC STABILIZATION + TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT + +SEC. 1101. DEFINITIONS. + In this title-- + (1) the terms ``Administration'' and ``Administrator'' mean the + Small Business Administration and the Administrator thereof, + respectively; and + (2) the term ``small business concern'' has the meaning given + the term in section 3 of the Small Business Act (15 U.S.C. 636). +SEC. 1102. PAYCHECK PROTECTION PROGRAM. + (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. +636(a)) is amended-- + (1) in paragraph (2)-- + (A) in subparagraph (A), in the matter preceding clause + (i), by striking ``and (E)'' and inserting ``(E), and (F)''; + and + (B) by adding at the end the following: + ``(F) Participation in the paycheck protection program.--In + an agreement to participate in a loan on a deferred basis under + paragraph (36), the participation by the Administration shall + be 100 percent.''; and + (2) by adding at the end the following: + ``(36) Paycheck protection program.-- + ``(A) Definitions.--In this paragraph-- + ``(i) the terms `appropriate Federal banking agency' + and `insured depository institution' have the meanings + given those terms in section 3 of the Federal Deposit + Insurance Act (12 U.S.C. 1813); + ``(ii) the term `covered loan' means a loan made under + this paragraph during the covered period; + ``(iii) the term `covered period' means the period + beginning on February 15, 2020 and ending on June 30, 2020; + ``(iv) the term `eligible recipient' means an + individual or entity that is eligible to receive a covered + loan; + ``(v) the term `eligible self-employed individual' has + the meaning given the term in section 7002(b) of the + Families First Coronavirus Response Act (Public Law 116- + 127); + ``(vi) the term `insured credit union' has the meaning + given the term in section 101 of the Federal Credit Union + Act (12 U.S.C. 1752); + ``(vii) the term `nonprofit organization' means an + organization that is described in section 501(c)(3) of the + Internal Revenue Code of 1986 and that is exempt from + taxation under section 501(a) of such Code; + ``(viii) the term `payroll costs'-- + + ``(I) means-- + + ``(aa) the sum of payments of any compensation + with respect to employees that is a-- + ``(AA) salary, wage, commission, or similar + compensation; + ``(BB) payment of cash tip or equivalent; + ``(CC) payment for vacation, parental, + family, medical, or sick leave; + ``(DD) allowance for dismissal or + separation; + ``(EE) payment required for the provisions + of group health care benefits, including + insurance premiums; + ``(FF) payment of any retirement benefit; + or + ``(GG) payment of State or local tax + assessed on the compensation of employees; and + ``(bb) the sum of payments of any compensation + to or income of a sole proprietor or independent + contractor that is a wage, commission, income, net + earnings from self-employment, or similar + compensation and that is in an amount that is not + more than $100,000 in 1 year, as prorated for the + covered period; and + + ``(II) shall not include-- + + ``(aa) the compensation of an individual + employee in excess of an annual salary of $100,000, + as prorated for the covered period; + ``(bb) taxes imposed or withheld under chapters + 21, 22, or 24 of the Internal Revenue Code of 1986 + during the covered period; + ``(cc) any compensation of an employee whose + principal place of residence is outside of the + United States; + ``(dd) qualified sick leave wages for which a + credit is allowed under section 7001 of the + Families First Coronavirus Response Act (Public Law + 116-127); or + ``(ee) qualified family leave wages for which a + credit is allowed under section 7003 of the + Families First Coronavirus Response Act (Public Law + 116-127); and + ``(ix) the term `veterans organization' means an + organization that is described in section 501(c)(19) of the + Internal Revenue Code that is exempt from taxation under + section 501(a) of such Code. + ``(B) Paycheck protection loans.--Except as otherwise + provided in this paragraph, the Administrator may guarantee + covered loans under the same terms, conditions, and processes + as a loan made under this subsection. + ``(C) Registration of loans.--Not later than 15 days after + the date on which a loan is made under this paragraph, the + Administration shall register the loan using the TIN (as + defined in section 7701 of the Internal Revenue Code of 1986) + assigned to the borrower. + ``(D) Increased eligibility for certain small businesses + and organizations.-- + ``(i) In general.--During the covered period, in + addition to small business concerns, any business concern, + nonprofit organization, veterans organization, or Tribal + business concern described in section 31(b)(2)(C) shall be + eligible to receive a covered loan if the business concern, + nonprofit organization, veterans organization, or Tribal + business concern employs not more than the greater of-- + + ``(I) 500 employees; or + ``(II) if applicable, the size standard in number + of employees established by the Administration for the + industry in which the business concern, nonprofit + organization, veterans organization, or Tribal business + concern operates. + + ``(ii) Inclusion of sole proprietors, independent + contractors, and eligible self-employed individuals.-- + + ``(I) In general.--During the covered period, + individuals who operate under a sole proprietorship or + as an independent contractor and eligible self-employed + individuals shall be eligible to receive a covered + loan. + ``(II) Documentation.--An eligible self-employed + individual, independent contractor, or sole + proprietorship seeking a covered loan shall submit such + documentation as is necessary to establish such + individual as eligible, including payroll tax filings + reported to the Internal Revenue Service, Forms 1099- + MISC, and income and expenses from the sole + proprietorship, as determined by the Administrator and + the Secretary. + + ``(iii) Business concerns with more than 1 physical + location.--During the covered period, any business concern + that employs not more than 500 employees per physical + location of the business concern and that is assigned a + North American Industry Classification System code + beginning with 72 at the time of disbursal shall be + eligible to receive a covered loan. + ``(iv) Waiver of affiliation rules.--During the covered + period, the provisions applicable to affiliations under + section 121.103 of title 13, Code of Federal Regulations, + or any successor regulation, are waived with respect to + eligibility for a covered loan for-- + + ``(I) any business concern with not more than 500 + employees that, as of the date on which the covered + loan is disbursed, is assigned a North American + Industry Classification System code beginning with 72; + ``(II) any business concern operating as a + franchise that is assigned a franchise identifier code + by the Administration; and + ``(III) any business concern that receives + financial assistance from a company licensed under + section 301 of the Small Business Investment Act of + 1958 (15 U.S.C. 681). + + ``(v) Employee.--For purposes of determining whether a + business concern, nonprofit organization, veterans + organization, or Tribal business concern described in + section 31(b)(2)(C) employs not more than 500 employees + under clause (i)(I), the term `employee' includes + individuals employed on a full-time, part-time, or other + basis. + ``(vi) Affiliation.--The provisions applicable to + affiliations under section 121.103 of title 13, Code of + Federal Regulations, or any successor thereto, shall apply + with respect to a nonprofit organization and a veterans + organization in the same manner as with respect to a small + business concern. + ``(E) Maximum loan amount.--During the covered period, with + respect to a covered loan, the maximum loan amount shall be the + lesser of-- + ``(i)(I) the sum of-- + + ``(aa) the product obtained by multiplying-- + + ``(AA) the average total monthly payments by + the applicant for payroll costs incurred during the + 1-year period before the date on which the loan is + made, except that, in the case of an applicant that + is seasonal employer, as determined by the + Administrator, the average total monthly payments + for payroll shall be for the 12-week period + beginning February 15, 2019, or at the election of + the eligible recipient, March 1, 2019, and ending + June 30, 2019; by + ``(BB) 2.5; and + + ``(bb) the outstanding amount of a loan under + subsection (b)(2) that was made during the period + beginning on January 31, 2020 and ending on the date on + which covered loans are made available to be refinanced + under the covered loan; or + + ``(II) if requested by an otherwise eligible recipient + that was not in business during the period beginning on + February 15, 2019 and ending on June 30, 2019, the sum of-- + + ``(aa) the product obtained by multiplying-- + + ``(AA) the average total monthly payments by + the applicant for payroll costs incurred during the + period beginning on January 1, 2020 and ending on + February 29, 2020; by + ``(BB) 2.5; and + + ``(bb) the outstanding amount of a loan under + subsection (b)(2) that was made during the period + beginning on January 31, 2020 and ending on the date on + which covered loans are made available to be refinanced + under the covered loan; or + + ``(ii) $10,000,000. + ``(F) Allowable uses of covered loans.-- + ``(i) In general.--During the covered period, an + eligible recipient may, in addition to the allowable uses + of a loan made under this subsection, use the proceeds of + the covered loan for-- + + ``(I) payroll costs; + ``(II) costs related to the continuation of group + health care benefits during periods of paid sick, + medical, or family leave, and insurance premiums; + ``(III) employee salaries, commissions, or similar + compensations; + ``(IV) payments of interest on any mortgage + obligation (which shall not include any prepayment of + or payment of principal on a mortgage obligation); + ``(V) rent (including rent under a lease + agreement); + ``(VI) utilities; and + ``(VII) interest on any other debt obligations that + were incurred before the covered period. + + ``(ii) Delegated authority.-- + + ``(I) In general.--For purposes of making covered + loans for the purposes described in clause (i), a + lender approved to make loans under this subsection + shall be deemed to have been delegated authority by the + Administrator to make and approve covered loans, + subject to the provisions of this paragraph. + ``(II) Considerations.--In evaluating the + eligibility of a borrower for a covered loan with the + terms described in this paragraph, a lender shall + consider whether the borrower-- + + ``(aa) was in operation on February 15, 2020; + and + ``(bb)(AA) had employees for whom the borrower + paid salaries and payroll taxes; or + ``(BB) paid independent contractors, as + reported on a Form 1099-MISC. + ``(iii) Additional lenders.--The authority to make + loans under this paragraph shall be extended to additional + lenders determined by the Administrator and the Secretary + of the Treasury to have the necessary qualifications to + process, close, disburse and service loans made with the + guarantee of the Administration. + ``(iv) Refinance.--A loan made under subsection (b)(2) + during the period beginning on January 31, 2020 and ending + on the date on which covered loans are made available may + be refinanced as part of a covered loan. + ``(v) Nonrecourse.--Notwithstanding the waiver of the + personal guarantee requirement or collateral under + subparagraph (J), the Administrator shall have no recourse + against any individual shareholder, member, or partner of + an eligible recipient of a covered loan for nonpayment of + any covered loan, except to the extent that such + shareholder, member, or partner uses the covered loan + proceeds for a purpose not authorized under clause (i). + ``(G) Borrower requirements.-- + ``(i) Certification.--An eligible recipient applying + for a covered loan shall make a good faith certification-- + + ``(I) that the uncertainty of current economic + conditions makes necessary the loan request to support + the ongoing operations of the eligible recipient; + ``(II) acknowledging that funds will be used to + retain workers and maintain payroll or make mortgage + payments, lease payments, and utility payments; + ``(III) that the eligible recipient does not have + an application pending for a loan under this subsection + for the same purpose and duplicative of amounts applied + for or received under a covered loan; and + ``(IV) during the period beginning on February 15, + 2020 and ending on December 31, 2020, that the eligible + recipient has not received amounts under this + subsection for the same purpose and duplicative of + amounts applied for or received under a covered loan. + + ``(H) Fee waiver.--During the covered period, with respect + to a covered loan-- + ``(i) in lieu of the fee otherwise applicable under + paragraph (23)(A), the Administrator shall collect no fee; + and + ``(ii) in lieu of the fee otherwise applicable under + paragraph (18)(A), the Administrator shall collect no fee. + ``(I) Credit elsewhere.--During the covered period, the + requirement that a small business concern is unable to obtain + credit elsewhere, as defined in section 3(h), shall not apply + to a covered loan. + ``(J) Waiver of personal guarantee requirement.--During the + covered period, with respect to a covered loan-- + ``(i) no personal guarantee shall be required for the + covered loan; and + ``(ii) no collateral shall be required for the covered + loan. + ``(K) Maturity for loans with remaining balance after + application of forgiveness.--With respect to a covered loan + that has a remaining balance after reduction based on the loan + forgiveness amount under section 1106 of the CARES Act-- + ``(i) the remaining balance shall continue to be + guaranteed by the Administration under this subsection; and + ``(ii) the covered loan shall have a maximum maturity + of 10 years from the date on which the borrower applies for + loan forgiveness under that section. + ``(L) Interest rate requirements.--A covered loan shall + bear an interest rate not to exceed 4 percent. + ``(M) Loan deferment.-- + ``(i) Definition of impacted borrower.-- + + ``(I) In general.--In this subparagraph, the term + `impacted borrower' means an eligible recipient that-- + + ``(aa) is in operation on February 15, 2020; + and + ``(bb) has an application for a covered loan + that is approved or pending approval on or after + the date of enactment of this paragraph. + + ``(II) Presumption.--For purposes of this + subparagraph, an impacted borrower is presumed to have + been adversely impacted by COVID-19. + + ``(ii) Deferral.--During the covered period, the + Administrator shall-- + + ``(I) consider each eligible recipient that applies + for a covered loan to be an impacted borrower; and + ``(II) require lenders under this subsection to + provide complete payment deferment relief for impacted + borrowers with covered loans for a period of not less + than 6 months, including payment of principal, + interest, and fees, and not more than 1 year. + + ``(iii) Secondary market.--During the covered period, + with respect to a covered loan that is sold on the + secondary market, if an investor declines to approve a + deferral requested by a lender under clause (ii), the + Administrator shall exercise the authority to purchase the + loan so that the impacted borrower may receive a deferral + for a period of not less than 6 months, including payment + of principal, interest, and fees, and not more than 1 year. + ``(iv) Guidance.--Not later than 30 days after the date + of enactment of this paragraph, the Administrator shall + provide guidance to lenders under this paragraph on the + deferment process described in this subparagraph. + ``(N) Secondary market sales.--A covered loan shall be + eligible to be sold in the secondary market consistent with + this subsection. The Administrator may not collect any fee for + any guarantee sold into the secondary market under this + subparagraph. + ``(O) Regulatory capital requirements.-- + ``(i) Risk weight.--With respect to the appropriate + Federal banking agencies or the National Credit Union + Administration Board applying capital requirements under + their respective risk-based capital requirements, a covered + loan shall receive a risk weight of zero percent. + ``(ii) Temporary relief from tdr disclosures.-- + Notwithstanding any other provision of law, an insured + depository institution or an insured credit union that + modifies a covered loan in relation to COVID-19-related + difficulties in a troubled debt restructuring on or after + March 13, 2020, shall not be required to comply with the + Financial Accounting Standards Board Accounting Standards + Codification Subtopic 310-40 (`Receivables - Troubled Debt + Restructurings by Creditors') for purposes of compliance + with the requirements of the Federal Deposit Insurance Act + (12 U.S.C. 1811 et seq.), until such time and under such + circumstances as the appropriate Federal banking agency or + the National Credit Union Administration Board, as + applicable, determines appropriate. + ``(P) Reimbursement for processing.-- + ``(i) In general.--The Administrator shall reimburse a + lender authorized to make a covered loan at a rate, based + on the balance of the financing outstanding at the time of + disbursement of the covered loan, of-- + + ``(I) 5 percent for loans of not more than + $350,000; + ``(II) 3 percent for loans of more than $350,000 + and less than $2,000,000; and + ``(III) 1 percent for loans of not less than + $2,000,000. + + ``(ii) Fee limits.--An agent that assists an eligible + recipient to prepare an application for a covered loan may + not collect a fee in excess of the limits established by + the Administrator. + ``(iii) Timing.--A reimbursement described in clause + (i) shall be made not later than 5 days after the + disbursement of the covered loan. + ``(iv) Sense of the senate.--It is the sense of the + Senate that the Administrator should issue guidance to + lenders and agents to ensure that the processing and + disbursement of covered loans prioritizes small business + concerns and entities in underserved and rural markets, + including veterans and members of the military community, + small business concerns owned and controlled by socially + and economically disadvantaged individuals (as defined in + section 8(d)(3)(C)), women, and businesses in operation for + less than 2 years. + ``(Q) Duplication.--Nothing in this paragraph shall + prohibit a recipient of an economic injury disaster loan made + under subsection (b)(2) during the period beginning on January + 31, 2020 and ending on the date on which covered loans are made + available that is for a purpose other than paying payroll costs + and other obligations described in subparagraph (F) from + receiving assistance under this paragraph. + ``(R) Waiver of prepayment penalty.--Notwithstanding any + other provision of law, there shall be no prepayment penalty + for any payment made on a covered loan.''. + (b) Commitments for 7(a) Loans.--During the period beginning on +February 15, 2020 and ending on June 30, 2020-- + (1) the amount authorized for commitments for general business + loans authorized under section 7(a) of the Small Business Act (15 + U.S.C. 636(a)), including loans made under paragraph (36) of such + section, as added by subsection (a), shall be $349,000,000,000; and + (2) the amount authorized for commitments for such loans under + the heading ``business loans program account'' under the heading + ``Small Business Administration'' under title V of the Consolidated + Appropriations Act, 2020 (Public Law 116-93; 133 Stat. 2475) shall + not apply. + (c) Express Loans.-- + (1) In general.--Section 7(a)(31)(D) of the Small Business Act + (15 U.S.C. 636(a)(31)(D)) is amended by striking ``$350,000'' and + inserting ``$1,000,000''. + (2) Prospective repeal.--Effective on January 1, 2021, section + 7(a)(31)(D) of the Small Business Act (15 U.S.C. 636(a)(31)(D)) is + amended by striking ``$1,000,000'' and inserting ``$350,000''. + (d) Exception to Guarantee Fee Waiver for Veterans.--Section +7(a)(31)(G) of the Small Business Act (15 U.S.C. 636(a)(31)(G)) is +amended-- + (1) by striking clause (ii); and + (2) by redesignating clause (iii) as clause (ii). + (e) Interim Rule.--On and after the date of enactment of this Act, +the interim final rule published by the Administrator entitled +``Express Loan Programs: Affiliation Standards'' (85 Fed. Reg. 7622 +(February 10, 2020)) is permanently rescinded and shall have no force +or effect. +SEC. 1103. ENTREPRENEURIAL DEVELOPMENT. + (a) Definitions.--In this section-- + (1) the term ``covered small business concern'' means a small + business concern that has experienced, as a result of COVID-19-- + (A) supply chain disruptions, including changes in-- + (i) quantity and lead time, including the number of + shipments of components and delays in shipments; + (ii) quality, including shortages in supply for quality + control reasons; and + (iii) technology, including a compromised payment + network; + (B) staffing challenges; + (C) a decrease in gross receipts or customers; or + (D) a closure; + (2) the term ``resource partner'' means-- + (A) a small business development center; and + (B) a women's business center; + (3) the term ``small business development center'' has the + meaning given the term in section 3 of the Small Business Act (15 + U.S.C. 632); and + (4) the term ``women's business center'' means a women's + business center described in section 29 of the Small Business Act + (15 U.S.C. 656). + (b) Education, Training, and Advising Grants.-- + (1) In general.--The Administration may provide financial + assistance in the form of grants to resource partners to provide + education, training, and advising to covered small business + concerns. + (2) Use of funds.--Grants under this subsection shall be used + for the education, training, and advising of covered small business + concerns and their employees on-- + (A) accessing and applying for resources provided by the + Administration and other Federal resources relating to access + to capital and business resiliency; + (B) the hazards and prevention of the transmission and + communication of COVID-19 and other communicable diseases; + (C) the potential effects of COVID-19 on the supply chains, + distribution, and sale of products of covered small business + concerns and the mitigation of those effects; + (D) the management and practice of telework to reduce + possible transmission of COVID-19; + (E) the management and practice of remote customer service + by electronic or other means; + (F) the risks of and mitigation of cyber threats in remote + customer service or telework practices; + (G) the mitigation of the effects of reduced travel or + outside activities on covered small business concerns during + COVID-19 or similar occurrences; and + (H) any other relevant business practices necessary to + mitigate the economic effects of COVID-19 or similar + occurrences. + (3) Grant determination.-- + (A) Small business development centers.--The Administration + shall award 80 percent of funds authorized to carry out this + subsection to small business development centers, which shall + be awarded pursuant to a formula jointly developed, negotiated, + and agreed upon, with full participation of both parties, + between the association formed under section 21(a)(3)(A) of the + Small Business Act (15 U.S.C. 648(a)(3)(A)) and the + Administration. + (B) Women's business centers.--The Administration shall + award 20 percent of funds authorized to carry out this + subsection to women's business centers, which shall be awarded + pursuant to a process established by the Administration in + consultation with recipients of assistance. + (C) No matching funds required.--Matching funds shall not + be required for any grant under this subsection. + (4) Goals and metrics.-- + (A) In general.--Goals and metrics for the funds made + available under this subsection shall be jointly developed, + negotiated, and agreed upon, with full participation of both + parties, between the resource partners and the Administrator, + which shall-- + (i) take into consideration the extent of the + circumstances relating to the spread of COVID-19, or + similar occurrences, that affect covered small business + concerns located in the areas covered by the resource + partner, particularly in rural areas or economically + distressed areas; + (ii) generally follow the use of funds outlined in + paragraph (2), but shall not restrict the activities of + resource partners in responding to unique situations; and + (iii) encourage resource partners to develop and + provide services to covered small business concerns. + (B) Public availability.--The Administrator shall make + publicly available the methodology by which the Administrator + and resource partners jointly develop the metrics and goals + described in subparagraph (A). + (c) Resource Partner Association Grants.-- + (1) In general.--The Administrator may provide grants to an + association or associations representing resource partners under + which the association or associations shall establish a single + centralized hub for COVID-19 information, which shall include-- + (A) 1 online platform that consolidates resources and + information available across multiple Federal agencies for + small business concerns related to COVID-19; and + (B) a training program to educate resource partner + counselors, members of the Service Corps of Retired Executives + established under section 8(b)(1)(B) of the Small Business Act + (15 U.S.C. 637(b)(1)(B)), and counselors at veterans business + outreach centers described in section 32 of the Small Business + Act (15 U.S.C. 657b) on the resources and information described + in subparagraph (A). + (2) Goals and metrics.--Goals and metrics for the funds made + available under this subsection shall be jointly developed, + negotiated, and agreed upon, with full participation of both + parties, between the association or associations receiving a grant + under this subsection and the Administrator. + (d) Report.--Not later than 6 months after the date of enactment of +this Act, and annually thereafter, the Administrator shall submit to +the Committee on Small Business and Entrepreneurship of the Senate and +the Committee on Small Business of the House of Representatives a +report that describes-- + (1) with respect to the initial year covered by the report-- + (A) the programs and services developed and provided by the + Administration and resource partners under subsection (b); + (B) the initial efforts to provide those services under + subsection (b); and + (C) the online platform and training developed and provided + by the Administration and the association or associations under + subsection (c); and + (2) with respect to the subsequent years covered by the + report-- + (A) with respect to the grant program under subsection + (b)-- + (i) the efforts of the Administrator and resource + partners to develop services to assist covered small + business concerns; + (ii) the challenges faced by owners of covered small + business concerns in accessing services provided by the + Administration and resource partners; + (iii) the number of unique covered small business + concerns that were served by the Administration and + resource partners; and + (iv) other relevant outcome performance data with + respect to covered small business concerns, including the + number of employees affected, the effect on sales, the + disruptions of supply chains, and the efforts made by the + Administration and resource partners to mitigate these + effects; and + (B) with respect to the grant program under subsection + (c)-- + (i) the efforts of the Administrator and the + association or associations to develop and evolve an online + resource for small business concerns; and + (ii) the efforts of the Administrator and the + association or associations to develop a training program + for resource partner counselors, including the number of + counselors trained. +SEC. 1104. STATE TRADE EXPANSION PROGRAM. + (a) In General.--Notwithstanding paragraph (3)(C)(iii) of section +22(l) of the Small Business Act (15 U.S.C. 649(l)), for grants under +the State Trade Expansion Program under such section 22(l) using +amounts made available for fiscal year 2018 or fiscal year 2019, the +period of the grant shall continue through the end of fiscal year 2021. + (b) Reimbursement.--The Administrator shall reimburse any recipient +of assistance under section 22(l) of the Small Business Act (15 U.S.C. +649(l)) for financial losses relating to a foreign trade mission or a +trade show exhibition that was cancelled solely due to a public health +emergency declared due to COVID-19 if the reimbursement does not exceed +a recipient's grant funding. +SEC. 1105. WAIVER OF MATCHING FUNDS REQUIREMENT UNDER THE WOMEN'S +BUSINESS CENTER PROGRAM. + During the 3-month period beginning on the date of enactment of +this Act, the requirement relating to obtaining cash contributions from +non-Federal sources under section 29(c)(1) of the Small Business Act +(15 U.S.C. 656(c)(1)) is waived for any recipient of assistance under +such section 29. +SEC. 1106. LOAN FORGIVENESS. + (a) Definitions.--In this section-- + (1) the term ``covered loan'' means a loan guaranteed under + paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. + 636(a)), as added by section 1102; + (2) the term ``covered mortgage obligation'' means any + indebtedness or debt instrument incurred in the ordinary course of + business that-- + (A) is a liability of the borrower; + (B) is a mortgage on real or personal property; and + (C) was incurred before February 15, 2020; + (3) the term ``covered period'' means the 8-week period + beginning on the date of the origination of a covered loan; + (4) the term ``covered rent obligation'' means rent obligated + under a leasing agreement in force before February 15, 2020; + (5) the term ``covered utility payment'' means payment for a + service for the distribution of electricity, gas, water, + transportation, telephone, or internet access for which service + began before February 15, 2020; + (6) the term ``eligible recipient'' means the recipient of a + covered loan; + (7) the term ``expected forgiveness amount'' means the amount + of principal that a lender reasonably expects a borrower to expend + during the covered period on the sum of any-- + (A) payroll costs; + (B) payments of interest on any covered mortgage obligation + (which shall not include any prepayment of or payment of + principal on a covered mortgage obligation); + (C) payments on any covered rent obligation; and + (D) covered utility payments; and + (8) the term ``payroll costs'' has the meaning given that term + in paragraph (36) of section 7(a) of the Small Business Act (15 + U.S.C. 636(a)), as added by section 1102 of this Act. + (b) Forgiveness.--An eligible recipient shall be eligible for +forgiveness of indebtedness on a covered loan in an amount equal to the +sum of the following costs incurred and payments made during the +covered period: + (1) Payroll costs. + (2) Any payment of interest on any covered mortgage obligation + (which shall not include any prepayment of or payment of principal + on a covered mortgage obligation). + (3) Any payment on any covered rent obligation. + (4) Any covered utility payment. + (c) Treatment of Amounts Forgiven.-- + (1) In general.--Amounts which have been forgiven under this + section shall be considered canceled indebtedness by a lender + authorized under section 7(a) of the Small Business Act (15 U.S.C. + 636(a)). + (2) Purchase of guarantees.--For purposes of the purchase of + the guarantee for a covered loan by the Administrator, amounts + which are forgiven under this section shall be treated in + accordance with the procedures that are otherwise applicable to a + loan guaranteed under section 7(a) of the Small Business Act (15 + U.S.C. 636(a)). + (3) Remittance.--Not later than 90 days after the date on which + the amount of forgiveness under this section is determined, the + Administrator shall remit to the lender an amount equal to the + amount of forgiveness, plus any interest accrued through the date + of payment. + (4) Advance purchase of covered loan.-- + (A) Report.--A lender authorized under section 7(a) of the + Small Business Act (15 U.S.C. 636(a)), or, at the discretion of + the Administrator, a third party participant in the secondary + market, may, report to the Administrator an expected + forgiveness amount on a covered loan or on a pool of covered + loans of up to 100 percent of the principal on the covered loan + or pool of covered loans, respectively. + (B) Purchase.--The Administrator shall purchase the + expected forgiveness amount described in subparagraph (A) as if + the amount were the principal amount of a loan guaranteed under + section 7(a) of the Small Business Act 636(a)). + (C) Timing.--Not later than 15 days after the date on which + the Administrator receives a report under subparagraph (A), the + Administrator shall purchase the expected forgiveness amount + under subparagraph (B) with respect to each covered loan to + which the report relates. + (d) Limits on Amount of Forgiveness.-- + (1) Amount may not exceed principal.--The amount of loan + forgiveness under this section shall not exceed the principal + amount of the financing made available under the applicable covered + loan. + (2) Reduction based on reduction in number of employees.-- + (A) In general.--The amount of loan forgiveness under this + section shall be reduced, but not increased, by multiplying the + amount described in subsection (b) by the quotient obtained by + dividing-- + (i) the average number of full-time equivalent + employees per month employed by the eligible recipient + during the covered period; by + (ii)(I) at the election of the borrower-- + + (aa) the average number of full-time equivalent + employees per month employed by the eligible recipient + during the period beginning on February 15, 2019 and + ending on June 30, 2019; or + (bb) the average number of full-time equivalent + employees per month employed by the eligible recipient + during the period beginning on January 1, 2020 and + ending on February 29, 2020; or + + (II) in the case of an eligible recipient that is + seasonal employer, as determined by the Administrator, the + average number of full-time equivalent employees per month + employed by the eligible recipient during the period + beginning on February 15, 2019 and ending on June 30, 2019. + (B) Calculation of average number of employees.--For + purposes of subparagraph (A), the average number of full-time + equivalent employees shall be determined by calculating the + average number of full-time equivalent employees for each pay + period falling within a month. + (3) Reduction relating to salary and wages.-- + (A) In general.--The amount of loan forgiveness under this + section shall be reduced by the amount of any reduction in + total salary or wages of any employee described in subparagraph + (B) during the covered period that is in excess of 25 percent + of the total salary or wages of the employee during the most + recent full quarter during which the employee was employed + before the covered period. + (B) Employees described.--An employee described in this + subparagraph is any employee who did not receive, during any + single pay period during 2019, wages or salary at an annualized + rate of pay in an amount more than $100,000. + (4) Tipped workers.--An eligible recipient with tipped + employees described in section 3(m)(2)(A) of the Fair Labor + Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may receive + forgiveness for additional wages paid to those employees. + (5) Exemption for re-hires.-- + (A) In general.--In a circumstance described in + subparagraph (B), the amount of loan forgiveness under this + section shall be determined without regard to a reduction in + the number of full-time equivalent employees of an eligible + recipient or a reduction in the salary of 1 or more employees + of the eligible recipient, as applicable, during the period + beginning on February 15, 2020 and ending on the date that is + 30 days after the date of enactment of this Act. + (B) Circumstances.--A circumstance described in this + subparagraph is a circumstance-- + (i) in which-- + + (I) during the period beginning on February 15, + 2020 and ending on the date that is 30 days after the + date of enactment of this Act, there is a reduction, as + compared to February 15, 2020, in the number of full- + time equivalent employees of an eligible recipient; and + (II) not later than June 30, 2020, the eligible + employer has eliminated the reduction in the number of + full-time equivalent employees; + + (ii) in which-- + + (I) during the period beginning on February 15, + 2020 and ending on the date that is 30 days after the + date of enactment of this Act, there is a reduction, as + compared to February 15, 2020, in the salary or wages + of 1 or more employees of the eligible recipient; and + (II) not later than June 30, 2020, the eligible + employer has eliminated the reduction in the salary or + wages of such employees; or + + (iii) in which the events described in clause (i) and + (ii) occur. + (6) Exemptions.--The Administrator and the Secretary of the + Treasury may prescribe regulations granting de minimis exemptions + from the requirements under this subsection. + (e) Application.--An eligible recipient seeking loan forgiveness +under this section shall submit to the lender that is servicing the +covered loan an application, which shall include-- + (1) documentation verifying the number of full-time equivalent + employees on payroll and pay rates for the periods described in + subsection (d), including-- + (A) payroll tax filings reported to the Internal Revenue + Service; and + (B) State income, payroll, and unemployment insurance + filings; + (2) documentation, including cancelled checks, payment + receipts, transcripts of accounts, or other documents verifying + payments on covered mortgage obligations, payments on covered lease + obligations, and covered utility payments; + (3) a certification from a representative of the eligible + recipient authorized to make such certifications that-- + (A) the documentation presented is true and correct; and + (B) the amount for which forgiveness is requested was used + to retain employees, make interest payments on a covered + mortgage obligation, make payments on a covered rent + obligation, or make covered utility payments; and + (4) any other documentation the Administrator determines + necessary. + (f) Prohibition on Forgiveness Without Documentation.--No eligible +recipient shall receive forgiveness under this section without +submitting to the lender that is servicing the covered loan the +documentation required under subsection (e). + (g) Decision.--Not later than 60 days after the date on which a +lender receives an application for loan forgiveness under this section +from an eligible recipient, the lender shall issue a decision on the an +application. + (h) Hold Harmless.--If a lender has received the documentation +required under this section from an eligible recipient attesting that +the eligible recipient has accurately verified the payments for payroll +costs, payments on covered mortgage obligations, payments on covered +lease obligations, or covered utility payments during covered period-- + (1) an enforcement action may not be taken against the lender + under section 47(e) of the Small Business Act (15 U.S.C. 657t(e)) + relating to loan forgiveness for the payments for payroll costs, + payments on covered mortgage obligations, payments on covered lease + obligations, or covered utility payments, as the case may be; and + (2) the lender shall not be subject to any penalties by the + Administrator relating to loan forgiveness for the payments for + payroll costs, payments on covered mortgage obligations, payments + on covered lease obligations, or covered utility payments, as the + case may be. + (i) Taxability.--For purposes of the Internal Revenue Code of 1986, +any amount which (but for this subsection) would be includible in gross +income of the eligible recipient by reason of forgiveness described in +subsection (b) shall be excluded from gross income. + (j) Rule of Construction.--The cancellation of indebtedness on a +covered loan under this section shall not otherwise modify the terms +and conditions of the covered loan. + (k) Regulations.--Not later than 30 days after the date of +enactment of this Act, the Administrator shall issue guidance and +regulations implementing this section. +SEC. 1107. DIRECT APPROPRIATIONS. + (a) In General.--There is appropriated, out of amounts in the +Treasury not otherwise appropriated, for the fiscal year ending +September 30, 2020, to remain available until September 30, 2021, for +additional amounts-- + (1) $349,000,000,000 under the heading ``Small Business + Administration--Business Loans Program Account, CARES Act'' for the + cost of guaranteed loans as authorized under paragraph (36) of + section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added + by section 1102(a) of this Act; + (2) $675,000,000 under the heading ``Small Business + Administration--Salaries and Expenses'' for salaries and expenses + of the Administration; + (3) $25,000,000 under the heading ``Small Business + Administration--Office of Inspector General'', to remain available + until September 30, 2024, for necessary expenses of the Office of + Inspector General of the Administration in carrying out the + provisions of the Inspector General Act of 1978 (5 U.S.C. App.); + (4) $265,000,000 under the heading ``Small Business + Administration--Entrepreneurial Development Programs'', of which-- + (A) $240,000,000 shall be for carrying out section 1103(b) + of this Act; and + (B) $25,000,000 shall be for carrying out section 1103(c) + of this Act; + (5) $10,000,000 under the heading ``Department of Commerce-- + Minority Business Development Agency'' for minority business + centers of the Minority Business Development Agency to provide + technical assistance to small business concerns; + (6) $10,000,000,000 under the heading ``Small Business + Administration--Emergency EIDL Grants'' shall be for carrying out + section 1110 of this Act; + (7) $17,000,000,000 under the heading ``Small Business + Administration--Business Loans Program Account, CARES Act'' shall + be for carrying out section 1112 of this Act; and + (8) $25,000,000 under the heading ``Department of the + Treasury--Departmental Offices--Salaries and Expenses'' shall be + for carrying out section 1109 of this Act. + (b) Secondary Market.--During the period beginning on the date of +enactment of this Act and ending on September 30, 2021, guarantees of +trust certificates authorized by section 5(g) of the Small Business Act +(15 U.S.C. 635(g)) shall not exceed a principal amount of +$100,000,000,000. + (c) Reports.--Not later than 180 days after the date of enactment +of this Act, the Administrator shall submit to the Committee on +Appropriations of the Senate and the Committee on Appropriations of the +House of Representatives a detailed expenditure plan for using the +amounts appropriated to the Administration under subsection (a). +SEC. 1108. MINORITY BUSINESS DEVELOPMENT AGENCY. + (a) Definitions.--In this section-- + (1) the term ``Agency'' means the Minority Business Development + Agency of the Department of Commerce; + (2) the term ``minority business center'' means a Business + Center of the Agency; + (3) the term ``minority business enterprise'' means a for- + profit business enterprise-- + (A) not less than 51 percent of which is owned by 1 or more + socially disadvantaged individuals, as determined by the + Agency; and + (B) the management and daily business operations of which + are controlled by 1 or more socially disadvantaged individuals, + as determined by the Agency; and + (4) the term ``minority chamber of commerce'' means a chamber + of commerce developed specifically to support minority business + enterprises. + (b) Education, Training, and Advising Grants.-- + (1) In general.--The Agency may provide financial assistance in + the form of grants to minority business centers and minority + chambers of commerce to provide education, training, and advising + to minority business enterprises. + (2) Use of funds.--Grants under this section shall be used for + the education, training, and advising of minority business + enterprises and their employees on-- + (A) accessing and applying for resources provided by the + Agency and other Federal resources relating to access to + capital and business resiliency; + (B) the hazards and prevention of the transmission and + communication of COVID-19 and other communicable diseases; + (C) the potential effects of COVID-19 on the supply chains, + distribution, and sale of products of minority business + enterprises and the mitigation of those effects; + (D) the management and practice of telework to reduce + possible transmission of COVID-19; + (E) the management and practice of remote customer service + by electronic or other means; + (F) the risks of and mitigation of cyber threats in remote + customer service or telework practices; + (G) the mitigation of the effects of reduced travel or + outside activities on minority business enterprises during + COVID-19 or similar occurrences; and + (H) any other relevant business practices necessary to + mitigate the economic effects of COVID-19 or similar + occurrences. + (3) No matching funds required.--Matching funds shall not be + required for any grant under this section. + (4) Goals and metrics.-- + (A) In general.--Goals and metrics for the funds made + available under this section shall be jointly developed, + negotiated, and agreed upon, with full participation of both + parties, between the minority business centers, minority + chambers of commerce, and the Agency, which shall-- + (i) take into consideration the extent of the + circumstances relating to the spread of COVID-19, or + similar occurrences, that affect minority business + enterprises located in the areas covered by minority + business centers and minority chambers of commerce, + particularly in rural areas or economically distressed + areas; + (ii) generally follow the use of funds outlined in + paragraph (2), but shall not restrict the activities of + minority business centers and minority chambers of commerce + in responding to unique situations; and + (iii) encourage minority business centers and minority + chambers of commerce to develop and provide services to + minority business enterprises. + (B) Public availability.--The Agency shall make publicly + available the methodology by which the Agency, minority + business centers, and minority chambers of commerce jointly + develop the metrics and goals described in subparagraph (A). + (c) Waivers.-- + (1) In general.--Notwithstanding any other provision of law or + regulation, the Agency may, during the 3-month period that begins + on the date of enactment of this Act, waive any matching + requirement imposed on a minority business center or a specialty + center of the Agency under a cooperative agreement between such a + center and the Agency if the applicable center is unable to raise + funds, or has suffered a loss of revenue, because of the effects of + COVID-19. + (2) Remaining compliant.--Notwithstanding any provision of a + cooperative agreement between the Agency and a minority business + center, if, during the period beginning on the date of enactment of + this Act and ending on September 30, 2021, such a center decides + not to collect fees because of the economic consequences of COVID- + 19, the center shall be considered to be in compliance with that + agreement if-- + (A) the center notifies the Agency with respect to that + decision, which the center may provide through electronic mail; + and + (B) the Agency, not later than 15 days after the date on + which the center provides notice to the Agency under + subparagraph (A)-- + (i) confirms receipt of the notification under + subparagraph (A); and + (ii) accepts the decision of the center. + (d) Report.--Not later than 6 months after the date of enactment of +this Act, and annually thereafter, the Agency shall submit to the +Committee on Small Business and Entrepreneurship and the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Small Business and the Committee on Energy and Commerce of the House +of Representatives a report that describes-- + (1) with respect to the period covered by the initial report-- + (A) the programs and services developed and provided by the + Agency, minority business centers, and minority chambers of + commerce under subsection (b); and + (B) the initial efforts to provide those services under + subsection (b); and + (2) with respect to subsequent years covered by the report-- + (A) with respect to the grant program under subsection + (b)-- + (i) the efforts of the Agency, minority business + centers, and minority chambers of commerce to develop + services to assist minority business enterprises; + (ii) the challenges faced by owners of minority + business enterprises in accessing services provided by the + Agency, minority business centers, and minority chambers of + commerce; + (iii) the number of unique minority business + enterprises that were served by the Agency, minority + business centers, or minority chambers of commerce; and + (iv) other relevant outcome performance data with + respect to minority business enterprises, including the + number of employees affected, the effect on sales, the + disruptions of supply chains, and the efforts made by the + Agency, minority business centers, and minority chambers of + commerce to mitigate these effects . + (e) Authorization of Appropriations.--There is authorized to be +appropriated $10,000,000 to carry out this section, to remain available +until expended. +SEC. 1109. UNITED STATES TREASURY PROGRAM MANAGEMENT AUTHORITY. + (a) Definitions.--In this section-- + (1) the terms ``appropriate Federal banking agency'' and + ``insured depository institution'' have the meanings given those + terms in section 3 of the Federal Deposit Insurance Act (12 U.S.C. + 1813); + (2) the term ``insured credit union'' has the meaning given the + term in section 101 of the Federal Credit Union Act (12 U.S.C. + 1752); and + (3) the term ``Secretary'' means the Secretary of the Treasury. + (b) Authority to Include Additional Financial Institutions.--The +Department of the Treasury, in consultation with the Administrator, and +the Chairman of the Farm Credit Administration shall establish criteria +for insured depository institutions, insured credit unions, +institutions of the Farm Credit System chartered under the Farm Credit +Act of 1971 (12 U.S.C. 2001 et seq.), and other lenders that do not +already participate in lending under programs of the Administration, to +participate in the paycheck protection program to provide loans under +this section until the date on which the national emergency declared by +the President under the National Emergencies Act (50 U.S.C. 1601 et +seq.) with respect to the Coronavirus Disease 2019 (COVID-19) expires. + (c) Safety and Soundness.--An insured depository institution, +insured credit union, institution of the Farm Credit System chartered +under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), or other +lender may only participate in the program established under this +section if participation does not affect the safety and soundness of +the institution or lender, as determined by the Secretary in +consultation with the appropriate Federal banking agencies or the +National Credit Union Administration Board, as applicable. + (d) Regulations for Lenders and Loans.-- + (1) In general.--The Secretary may issue regulations and + guidance as necessary to carry out the purposes of this section, + including to-- + (A) allow additional lenders to originate loans under this + section; and + (B) establish terms and conditions for loans under this + section, including terms and conditions concerning + compensation, underwriting standards, interest rates, and + maturity. + (2) Requirements.--The terms and conditions established under + paragraph (1) shall provide for the following: + (A) A rate of interest that does not exceed the maximum + permissible rate of interest available on a loan of comparable + maturity under paragraph (36) of section 7(a) of the Small + Business Act (15 U.S.C. 636(a)), as added by section 1102 of + this Act. + (B) Terms and conditions that, to the maximum extent + practicable, are consistent with the terms and conditions + required under the following provisions of paragraph (36) of + section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as + added by section 1102 of this Act: + (i) Subparagraph (D), pertaining to borrower + eligibility. + (ii) Subparagraph (E), pertaining to the maximum loan + amount. + (iii) Subparagraph (F)(i), pertaining to allowable uses + of program loans. + (iv) Subparagraph (H), pertaining to fee waivers. + (v) Subparagraph (M), pertaining to loan deferment. + (C) A guarantee percentage that, to the maximum extent + practicable, is consistent with the guarantee percentage + required under subparagraph (F) of section 7(a)(2) of the Small + Business Act (15 U.S.C. 636(a)(2)), as added by section 1102 of + this Act. + (D) Loan forgiveness under terms and conditions that, to + the maximum extent practicable, is consistent with the terms + and conditions for loan forgiveness under section 1106 of this + Act. + (e) Additional Regulations Generally.--The Secretary may issue +regulations and guidance as necessary to carry out the purposes of this +section, including to allow additional lenders to originate loans under +this title and to establish terms and conditions such as compensation, +underwriting standards, interest rates, and maturity for under this +section. + (f) Certification.--As a condition of receiving a loan under this +section, a borrower shall certify under terms acceptable to the +Secretary that the borrower-- + (1) does not have an application pending for a loan under + section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for the + same purpose; and + (2) has not received such a loan during the period beginning on + February 15, 2020 and ending on December 31, 2020. + (g) Opt-in for SBA Qualified Lenders.--Lenders qualified to +participate as a lender under 7(a) of the Small Business Act (15 U.S.C. +636(a)) may elect to participate in the paycheck protection program +under the criteria, terms, and conditions established under this +section. Such participation shall not preclude the lenders from +continuing participation as a lender under section 7(a) of the Small +Business Act (15 U.S.C. 636(a)). + (h) Program Administration.--With guidance from the Secretary, the +Administrator shall administer the program established under this +section, including the making and purchasing of guarantees on loans +under the program, until the date on which the national emergency +declared by the President under the National Emergencies Act (50 U.S.C. +1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) +expires. + (i) Criminal Penalties.--A loan under this section shall be deemed +to be a loan under the Small Business Act (15 U.S.C. 631 et seq.) for +purposes of section 16 of such Act (15 U.S.C. 645). +SEC. 1110. EMERGENCY EIDL GRANTS. + (a) Definitions.--In this section-- + (1) the term ``covered period'' means the period beginning on + January 31, 2020 and ending on December 31, 2020; and + (2) the term ``eligible entity'' means-- + (A) a business with not more than 500 employees; + (B) any individual who operates under a sole + proprietorship, with or without employees, or as an independent + contractor; + (C) a cooperative with not more than 500 employees; + (D) an ESOP (as defined in section 3 of the Small Business + Act (15 U.S.C. 632)) with not more than 500 employees; or + (E) a tribal small business concern, as described in + section 31(b)(2)(C) of the Small Business Act (15 U.S.C. + 657a(b)(2)(C)), with not more than 500 employees. + (b) Eligible Entities.--During the covered period, in addition to +small business concerns, private nonprofit organizations, and small +agricultural cooperatives, an eligible entity shall be eligible for a +loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. +636(b)(2)). + (c) Terms; Credit Elsewhere.--With respect to a loan made under +section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) in +response to COVID-19 during the covered period, the Administrator shall +waive-- + (1) any rules related the personal guarantee on advances and + loans of not more than $200,000 during the covered period for all + applicants; + (2) the requirement that an applicant needs to be in business + for the 1-year period before the disaster, except that no waiver + may be made for a business that was not in operation on January 31, + 2020; and + (3) the requirement in the flush matter following subparagraph + (E) of section 7(b)(2) of the Small Business Act (15 U.S.C. + 636(b)(2)), as so redesignated by subsection (f) of this section, + that an applicant be unable to obtain credit elsewhere. + (d) Approval and Ability to Repay for Small Dollar Loans.--With +respect to a loan made under section 7(b)(2) of the Small Business Act +(15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered +period, the Administrator may-- + (1) approve an applicant based solely on the credit score of + the applicant and shall not require an applicant to submit a tax + return or a tax return transcript for such approval; or + (2) use alternative appropriate methods to determine an + applicant's ability to repay. + (e) Emergency Grant.-- + (1) In general.--During the covered period, an entity included + for eligibility in subsection (b), including small business + concerns, private nonprofit organizations, and small agricultural + cooperatives, that applies for a loan under section 7(b)(2) of the + Small Business Act (15 U.S.C. 636(b)(2)) in response to COVID-19 + may request that the Administrator provide an advance that is, + subject to paragraph (3), in the amount requested by such applicant + to such applicant within 3 days after the Administrator receives an + application from such applicant. + (2) Verification.--Before disbursing amounts under this + subsection, the Administrator shall verify that the applicant is an + eligible entity by accepting a self-certification from the + applicant under penalty of perjury pursuant to section 1746 of + title 28 United States Code. + (3) Amount.--The amount of an advance provided under this + subsection shall be not more than $10,000. + (4) Use of funds.--An advance provided under this subsection + may be used to address any allowable purpose for a loan made under + section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)), + including-- + (A) providing paid sick leave to employees unable to work + due to the direct effect of the COVID-19; + (B) maintaining payroll to retain employees during business + disruptions or substantial slowdowns; + (C) meeting increased costs to obtain materials unavailable + from the applicant's original source due to interrupted supply + chains; + (D) making rent or mortgage payments; and + (E) repaying obligations that cannot be met due to revenue + losses. + (5) Repayment.--An applicant shall not be required to repay any + amounts of an advance provided under this subsection, even if + subsequently denied a loan under section 7(b)(2) of the Small + Business Act (15 U.S.C. 636(b)(2)). + (6) Unemployment grant.--If an applicant that receives an + advance under this subsection transfers into, or is approved for, + the loan program under section 7(a) of the Small Business Act (15 + U.S.C. 636(a)), the advance amount shall be reduced from the loan + forgiveness amount for a loan for payroll costs made under such + section 7(a). + (7) Authorization of appropriations.--There is authorized to be + appropriated to the Administration $10,000,000,000 to carry out + this subsection. + (8) Termination.--The authority to carry out grants under this + subsection shall terminate on December 31, 2020. + (f) Emergencies Involving Federal Primary Responsibility Qualifying +for SBA Assistance.--Section 7(b)(2) of the Small Business Act (15 +U.S.C. 636(b)(2)) is amended-- + (1) in subparagraph (A), by striking ``or'' at the end; + (2) in subparagraph (B), by striking ``or'' at the end; + (3) in subparagraph (C), by striking ``or'' at the end; + (4) by redesignating subparagraph (D) as subparagraph (E); + (5) by inserting after subparagraph (C) the following: + ``(D) an emergency involving Federal primary responsibility + determined to exist by the President under the section 501(b) + of the Robert T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5191(b)); or''; and + (6) in subparagraph (E), as so redesignated-- + (A) by striking ``or (C)'' and inserting ``(C), or (D)''; + (B) by striking ``disaster declaration'' each place it + appears and inserting ``disaster or emergency declaration''; + (C) by striking ``disaster has occurred'' and inserting + ``disaster or emergency has occurred''; + (D) by striking ``such disaster'' and inserting ``such + disaster or emergency''; and + (E) by striking ``disaster stricken'' and inserting + ``disaster- or emergency-stricken''; and + (7) in the flush matter following subparagraph (E), as so + redesignated, by striking the period at the end and inserting the + following: ``: Provided further, That for purposes of subparagraph + (D), the Administrator shall deem that such an emergency affects + each State or subdivision thereof (including counties), and that + each State or subdivision has sufficient economic damage to small + business concerns to qualify for assistance under this paragraph + and the Administrator shall accept applications for such assistance + immediately.''. +SEC. 1111. RESOURCES AND SERVICES IN LANGUAGES OTHER THAN ENGLISH. + (a) In General.--The Administrator shall provide the resources and +services made available by the Administration to small business +concerns in the 10 most commonly spoken languages, other than English, +in the United States, which shall include Mandarin, Cantonese, +Japanese, and Korean. + (b) Authorization of Appropriations.--There is authorized to be +appropriated to the Administrator $25,000,000 to carry out this +section. +SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAYMENTS. + (a) Definition of Covered Loan.--In this section, the term +``covered loan'' means a loan that is-- + (1) guaranteed by the Administration under-- + (A) section 7(a) of the Small Business Act (15 U.S.C. + 636(a))-- + (i) including a loan made under the Community Advantage + Pilot Program of the Administration; and + (ii) excluding a loan made under paragraph (36) of such + section 7(a), as added by section 1102; or + (B) title V of the Small Business Investment Act of 1958 + (15 U.S.C. 695 et seq.); or + (2) made by an intermediary to a small business concern using + loans or grants received under section 7(m) of the Small Business + Act (15 U.S.C. 636(m)). + (b) Sense of Congress.--It is the sense of Congress that-- + (1) all borrowers are adversely affected by COVID-19; + (2) relief payments by the Administration are appropriate for + all borrowers; and + (3) in addition to the relief provided under this Act, the + Administration should encourage lenders to provide payment + deferments, when appropriate, and to extend the maturity of covered + loans, so as to avoid balloon payments or any requirement for + increases in debt payments resulting from deferments provided by + lenders during the period of the national emergency declared by the + President under the National Emergencies Act (50 U.S.C. 1601 et + seq.) with respect to the Coronavirus Disease 2019 (COVID-19). + (c) Principal and Interest Payments.-- + (1) In general.--The Administrator shall pay the principal, + interest, and any associated fees that are owed on a covered loan + in a regular servicing status-- + (A) with respect to a covered loan made before the date of + enactment of this Act and not on deferment, for the 6-month + period beginning with the next payment due on the covered loan; + (B) with respect to a covered loan made before the date of + enactment of this Act and on deferment, for the 6-month period + beginning with the next payment due on the covered loan after + the deferment period; and + (C) with respect to a covered loan made during the period + beginning on the date of enactment of this Act and ending on + the date that is 6 months after such date of enactment, for the + 6-month period beginning with the first payment due on the + covered loan. + (2) Timing of payment.--The Administrator shall begin making + payments under paragraph (1) on a covered loan not later than 30 + days after the date on which the first such payment is due. + (3) Application of payment.--Any payment made by the + Administrator under paragraph (1) shall be applied to the covered + loan such that the borrower is relieved of the obligation to pay + that amount. + (d) Other Requirements.--The Administrator shall-- + (1) communicate and coordinate with the Federal Deposit + Insurance Corporation, the Office of the Comptroller of the + Currency, and State bank regulators to encourage those entities to + not require lenders to increase their reserves on account of + receiving payments made by the Administrator under subsection (c); + (2) waive statutory limits on maximum loan maturities for any + covered loan durations where the lender provides a deferral and + extends the maturity of covered loans during the 1-year period + following the date of enactment of this Act; and + (3) when necessary to provide more time because of the + potential of higher volumes, travel restrictions, and the inability + to access some properties during the COVID-19 pandemic, extend + lender site visit requirements to-- + (A) not more than 60 days (which may be extended at the + discretion of the Administration) after the occurrence of an + adverse event, other than a payment default, causing a loan to + be classified as in liquidation; and + (B) not more than 90 days after a payment default. + (e) Rule of Construction.--Nothing in this section may be construed +to limit the authority of the Administrator to make payments pursuant +to subsection (c) with respect to a covered loan solely because the +covered loan has been sold in the secondary market. + (f) Authorization of Appropriations.--There is authorized to be +appropriated to the Administrator $17,000,000,000 to carry out this +section. +SEC. 1113. BANKRUPTCY. + (a) Small Business Debtor Reorganization.-- + (1) In general.--Section 1182(1) of title 11, United States + Code, is amended to read as follows: + ``(1) Debtor.--The term `debtor'-- + ``(A) subject to subparagraph (B), means a person engaged + in commercial or business activities (including any affiliate + of such person that is also a debtor under this title and + excluding a person whose primary activity is the business of + owning single asset real estate) that has aggregate + noncontingent liquidated secured and unsecured debts as of the + date of the filing of the petition or the date of the order for + relief in an amount not more than $7,500,000 (excluding debts + owed to 1 or more affiliates or insiders) not less than 50 + percent of which arose from the commercial or business + activities of the debtor; and + ``(B) does not include-- + ``(i) any member of a group of affiliated debtors that + has aggregate noncontingent liquidated secured and + unsecured debts in an amount greater than $7,500,000 + (excluding debt owed to 1 or more affiliates or insiders); + ``(ii) any debtor that is a corporation subject to the + reporting requirements under section 13 or 15(d) of the + Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); or + ``(iii) any debtor that is an affiliate of an issuer, + as defined in section 3 of the Securities Exchange Act of + 1934 (15 U.S.C. 78c).''. + (2) Applicability of chapters.--Section 103(i) of title 11, + United States Code, is amended by striking ``small business + debtor'' and inserting ``debtor (as defined in section 1182)''. + (3) Application of amendment.--The amendment made by paragraph + (1) shall apply only with respect to cases commenced under title + 11, United States Code, on or after the date of enactment of this + Act. + (4) Technical corrections.-- + (A) Definition of small business debtor.--Section + 101(51D)(B)(iii) of title 11, United States Code, is amended to + read as follows: + ``(iii) any debtor that is an affiliate of an issuer + (as defined in section 3 of the Securities Exchange Act of + 1934 (15 U.S.C. 78c)).''. + (B) Unclaimed property.--Section 347(b) of title 11, United + States Code, is amended by striking ``1194'' and inserting + ``1191''. + (5) Sunset.--On the date that is 1 year after the date of + enactment of this Act, section 1182(1) of title 11, United States + Code, is amended to read as follows: + ``(1) Debtor.--The term `debtor' means a small business + debtor.''. + (b) Bankruptcy Relief.-- + (1) In general.-- + (A) Exclusion from current monthly income.--Section + 101(10A)(B)(ii) of title 11, United States Code, is amended-- + (i) in subclause (III), by striking ``; and'' and + inserting a semicolon; + (ii) in subclause (IV), by striking the period at the + end and inserting ``; and''; and + (iii) by adding at the end the following: + + ``(V) Payments made under Federal law relating to + the national emergency declared by the President under + the National Emergencies Act (50 U.S.C. 1601 et seq.) + with respect to the coronavirus disease 2019 (COVID- + 19).''. + + (B) Confirmation of plan.--Section 1325(b)(2) of title 11, + United States Code, is amended by inserting ``payments made + under Federal law relating to the national emergency declared + by the President under the National Emergencies Act (50 U.S.C. + 1601 et seq.) with respect to the coronavirus disease 2019 + (COVID-19),'' after ``other than''. + (C) Modification of plan after confirmation.--Section 1329 + of title 11, United States Code, is amended by adding at end + the following: + ``(d)(1) Subject to paragraph (3), for a plan confirmed prior to +the date of enactment of this subsection, the plan may be modified upon +the request of the debtor if-- + ``(A) the debtor is experiencing or has experienced a material + financial hardship due, directly or indirectly, to the coronavirus + disease 2019 (COVID-19) pandemic; and + ``(B) the modification is approved after notice and a hearing. + ``(2) A plan modified under paragraph (1) may not provide for +payments over a period that expires more than 7 years after the time +that the first payment under the original confirmed plan was due. + ``(3) Sections 1322(a), 1322(b), 1323(c), and the requirements of +section 1325(a) shall apply to any modification under paragraph (1).''. + (D) Applicability.-- + (i) The amendments made by subparagraphs (A) and (B) + shall apply to any case commenced before, on, or after the + date of enactment of this Act. + (ii) The amendment made by subparagraph (C) shall apply + to any case for which a plan has been confirmed under + section 1325 of title 11, United States Code, before the + date of enactment of this Act. + (2) Sunset.-- + (A) In general.-- + (i) Exclusion from current monthly income.--Section + 101(10A)(B)(ii) of title 11, United States Code, is + amended-- + + (I) in subclause (III), by striking the semicolon + at the end and inserting ``; and''; + (II) in subclause (IV), by striking ``; and'' and + inserting a period; and + (III) by striking subclause (V). + + (ii) Confirmation of plan.--Section 1325(b)(2) of title + 11, United States Code, is amended by striking ``payments + made under Federal law relating to the national emergency + declared by the President under the National Emergencies + Act (50 U.S.C. 1601 et seq.) with respect to the + coronavirus disease 2019 (COVID-19),''. + (iii) Modification of plan after confirmation.--Section + 1329 of title 11, United States Code, is amended by + striking subsection (d). + (B) Effective date.--The amendments made by subparagraph + (A) shall take effect on the date that is 1 year after the date + of enactment of this Act. +SEC. 1114. EMERGENCY RULEMAKING AUTHORITY. + Not later than 15 days after the date of enactment of this Act, the +Administrator shall issue regulations to carry out this title and the +amendments made by this title without regard to the notice requirements +under section 553(b) of title 5, United States Code. + + TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES + Subtitle A--Unemployment Insurance Provisions + +SEC. 2101. SHORT TITLE. + This subtitle may be cited as the ``Relief for Workers Affected by +Coronavirus Act''. +SEC. 2102. PANDEMIC UNEMPLOYMENT ASSISTANCE. + (a) Definitions.--In this section: + (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel + Coronavirus or 2019-nCoV. + (2) COVID-19 public health emergency.--The term ``COVID-19 + public health emergency'' means the public health emergency + declared by the Secretary of Health and Human Services on January + 27, 2020, with respect to the 2019 Novel Coronavirus. + (3) Covered individual.--The term ``covered individual''-- + (A) means an individual who-- + (i) is not eligible for regular compensation or + extended benefits under State or Federal law or pandemic + emergency unemployment compensation under section 2107, + including an individual who has exhausted all rights to + regular unemployment or extended benefits under State or + Federal law or pandemic emergency unemployment compensation + under section 2107; and + (ii) provides self-certification that the individual-- + + (I) is otherwise able to work and available for + work within the meaning of applicable State law, except + the individual is unemployed, partially unemployed, or + unable or unavailable to work because-- + + (aa) the individual has been diagnosed with + COVID-19 or is experiencing symptoms of COVID-19 + and seeking a medical diagnosis; + (bb) a member of the individual's household has + been diagnosed with COVID-19; + (cc) the individual is providing care for a + family member or a member of the individual's + household who has been diagnosed with COVID-19; + (dd) a child or other person in the household + for which the individual has primary caregiving + responsibility is unable to attend school or + another facility that is closed as a direct result + of the COVID-19 public health emergency and such + school or facility care is required for the + individual to work; + (ee) the individual is unable to reach the + place of employment because of a quarantine imposed + as a direct result of the COVID-19 public health + emergency; + (ff) the individual is unable to reach the + place of employment because the individual has been + advised by a health care provider to self- + quarantine due to concerns related to COVID-19; + (gg) the individual was scheduled to commence + employment and does not have a job or is unable to + reach the job as a direct result of the COVID-19 + public health emergency; + (hh) the individual has become the breadwinner + or major support for a household because the head + of the household has died as a direct result of + COVID-19; + (ii) the individual has to quit his or her job + as a direct result of COVID-19; + (jj) the individual's place of employment is + closed as a direct result of the COVID-19 public + health emergency; or + (kk) the individual meets any additional + criteria established by the Secretary for + unemployment assistance under this section; or + + (II) is self-employed, is seeking part-time + employment, does not have sufficient work history, or + otherwise would not qualify for regular unemployment or + extended benefits under State or Federal law or + pandemic emergency unemployment compensation under + section 2107 and meets the requirements of subclause + (I); and + + (B) does not include-- + (i) an individual who has the ability to telework with + pay; or + (ii) an individual who is receiving paid sick leave or + other paid leave benefits, regardless of whether the + individual meets a qualification described in items (aa) + through (kk) of subparagraph (A)(i)(I). + (4) Secretary.--The term ``Secretary'' means the Secretary of + Labor. + (5) State.--The term ``State'' includes the District of + Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, + Guam, American Samoa, the Commonwealth of the Northern Mariana + Islands, the Federated States of Micronesia, the Republic of the + Marshall Islands, and the Republic of Palau. + (b) Assistance for Unemployment as a Result of COVID-19.--Subject +to subsection (c), the Secretary shall provide to any covered +individual unemployment benefit assistance while such individual is +unemployed, partially unemployed, or unable to work for the weeks of +such unemployment with respect to which the individual is not entitled +to any other unemployment compensation (as that term is defined in +section 85(b) of title 26, United States Code) or waiting period +credit. + (c) Applicability.-- + (1) In general.--Except as provided in paragraph (2), the + assistance authorized under subsection (b) shall be available to a + covered individual-- + (A) for weeks of unemployment, partial unemployment, or + inability to work caused by COVID-19-- + (i) beginning on or after January 27, 2020; and + (ii) ending on or before December 31, 2020; and + (B) subject to subparagraph (A)(ii), as long as the covered + individual's unemployment, partial unemployment, or inability + to work caused by COVID-19 continues. + (2) Limitation on duration of assistance.--The total number of + weeks for which a covered individual may receive assistance under + this section shall not exceed 39 weeks and such total shall include + any week for which the covered individual received regular + compensation or extended benefits under any Federal or State law, + except that if after the date of enactment of this Act, the + duration of extended benefits is extended, the 39-week period + described in this paragraph shall be extended by the number of + weeks that is equal to the number of weeks by which the extended + benefits were extended. + (3) Assistance for unemployment before date of enactment.--The + Secretary shall establish a process for making assistance under + this section available for weeks beginning on or after January 27, + 2020, and before the date of enactment of this Act. + (d) Amount of Assistance.-- + (1) In general.--The assistance authorized under subsection (b) + for a week of unemployment, partial unemployment, or inability to + work shall be-- + (A)(i) the weekly benefit amount authorized under the + unemployment compensation law of the State where the covered + individual was employed, except that the amount may not be less + than the minimum weekly benefit amount described in section + 625.6 of title 20, Code of Federal Regulations, or any + successor thereto; and + (ii) the amount of Federal Pandemic Unemployment + Compensation under section 2104; and + (B) in the case of an increase of the weekly benefit amount + after the date of enactment of this Act, increased in an amount + equal to such increase. + (2) Calculations of amounts for certain covered individuals.-- + In the case of a covered individual who is self-employed, who lives + in a territory described in subsection (c) or (d) of section 625.6 + of title 20, Code of Federal Regulations, or who would not + otherwise qualify for unemployment compensation under State law, + the assistance authorized under subsection (b) for a week of + unemployment shall be calculated in accordance with section 625.6 + of title 20, Code of Federal Regulations, or any successor thereto, + and shall be increased by the amount of Federal Pandemic + Unemployment Compensation under section 2104. + (3) Allowable methods of payment.--Any assistance provided for + in accordance with paragraph (1)(A)(ii) shall be payable either-- + (A) as an amount which is paid at the same time and in the + same manner as the assistance provided for in paragraph + (1)(A)(i) is payable for the week involved; or + (B) at the option of the State, by payments which are made + separately from, but on the same weekly basis as, any + assistance provided for in paragraph (1)(A)(i). + (e) Waiver of State Requirement.--Notwithstanding State law, for +purposes of assistance authorized under this section, compensation +under this Act shall be made to an individual otherwise eligible for +such compensation without any waiting period. + (f) Agreements With States.-- + (1) In general.--The Secretary shall provide the assistance + authorized under subsection (b) through agreements with States + which, in the judgment of the Secretary, have an adequate system + for administering such assistance through existing State agencies. + (2) Payments to states.--There shall be paid to each State + which has entered into an agreement under this subsection an amount + equal to 100 percent of-- + (A) the total amount of assistance provided by the State + pursuant to such agreement; and + (B) any additional administrative expenses incurred by the + State by reason of such agreement (as determined by the + Secretary), including any administrative expenses necessary to + facilitate processing of applications for assistance under this + section online or by telephone rather than in-person. + (3) Terms of payments.--Sums payable to any State by reason of + such State's having an agreement under this subsection shall be + payable, either in advance or by way of reimbursement (as + determined by the Secretary), in such amounts as the Secretary + estimates the State will be entitled to receive under this + subsection for each calendar month, reduced or increased, as the + case may be, by any amount by which the Secretary finds that his + estimates for any prior calendar month were greater or less than + the amounts which should have been paid to the State. Such + estimates may be made on the basis of such statistical, sampling, + or other method as may be agreed upon by the Secretary and the + State agency of the State involved. + (g) Funding.-- + (1) Assistance.-- + (A) In general.--Funds in the extended unemployment + compensation account (as established by section 905(a) of the + Social Security Act (42 U.S.C. 1105(a)) of the Unemployment + Trust Fund (as established by section 904(a) of such Act (42 + U.S.C. 1104(a)) shall be used to make payments to States + pursuant to subsection (f)(2)(A). + (B) Transfer of funds.--Notwithstanding any other provision + of law, the Secretary of the Treasury shall transfer from the + general fund of the Treasury (from funds not otherwise + appropriated) to the extended unemployment compensation account + such sums as the Secretary of Labor estimates to be necessary + to make payments described in subparagraph (A). There are + appropriated from the general fund of the Treasury, without + fiscal year limitation, the sums referred to in the preceding + sentence and such sums shall not be required to be repaid. + (2) Administrative expenses.-- + (A) In general.--Funds in the employment security + administration account (as established by section 901(a) of the + Social Security Act (42 U.S.C. 1105(a)) of the Unemployment + Trust Fund (as established by section 904(a) of such Act (42 + U.S.C. 1104(a)) shall be used to make payments to States + pursuant to subsection (f)(2)(B). + (B) Transfer of funds.--Notwithstanding any other provision + of law, the Secretary of the Treasury shall transfer from the + general fund of the Treasury (from funds not otherwise + appropriated) to the employment security administration account + such sums as the Secretary of Labor estimates to be necessary + to make payments described in subparagraph (A). There are + appropriated from the general fund of the Treasury, without + fiscal year limitation, the sums referred to in the preceding + sentence and such sums shall not be required to be repaid. + (3) Certifications.--The Secretary of Labor shall from time to + time certify to the Secretary of the Treasury for payment to each + State the sums payable to such State under paragraphs (1) and (2). + (h) Relationship Between Pandemic Unemployment Assistance and +Disaster Unemployment Assistance.--Except as otherwise provided in this +section or to the extent there is a conflict between this section and +section 625 of title 20, Code of Federal Regulations, such section 625 +shall apply to this section as if-- + (1) the term ``COVID-19 public health emergency'' were + substituted for the term ``major disaster'' each place it appears + in such section 625; and + (2) the term ``pandemic'' were substituted for the term + ``disaster'' each place it appears in such section 625. +SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERNMENTAL ENTITIES AND +NONPROFIT ORGANIZATIONS. + (a) Flexibility in Paying Reimbursement.--The Secretary of Labor +may issue clarifying guidance to allow States to interpret their State +unemployment compensation laws in a manner that would provide maximum +flexibility to reimbursing employers as it relates to timely payment +and assessment of penalties and interest pursuant to such State laws. + (b) Federal Funding.--Section 903 of the Social Security Act (42 +U.S.C. 1103) is amended by adding at the end the following: + + ``Transfers for Federal Reimbursement of State Unemployment Funds + + ``(i)(1)(A) In addition to any other amounts, the Secretary of +Labor shall provide for the transfer of funds during the applicable +period to the accounts of the States in the Unemployment Trust Fund, by +transfer from amounts reserved for that purpose in the Federal +unemployment account, in accordance with the succeeding provisions of +this subsection. + ``(B) The amount of funds transferred to the account of a State +under subparagraph (A) during the applicable period shall, as +determined by the Secretary of Labor, be equal to one-half of the +amounts of compensation (as defined in section 3306(h) of the Internal +Revenue Code of 1986) attributable under the State law to service to +which section 3309(a)(1) of such Code applies that were paid by the +State for weeks of unemployment beginning and ending during such +period. Such transfers shall be made at such times as the Secretary of +Labor considers appropriate. + ``(C) Notwithstanding any other law, funds transferred to the +account of a State under subparagraph (A) shall be used exclusively to +reimburse governmental entities and other organizations described in +section 3309(a)(2) of such Code for amounts paid (in lieu of +contributions) into the State unemployment fund pursuant to such +section. + ``(D) For purposes of this paragraph, the term `applicable period' +means the period beginning on March 13, 2020, and ending on December +31, 2020. + ``(2)(A) Notwithstanding any other provision of law, the Secretary +of the Treasury shall transfer from the general fund of the Treasury +(from funds not otherwise appropriated) to the Federal unemployment +account such sums as the Secretary of Labor estimates to be necessary +for purposes of making the transfers described in paragraph (1). + ``(B) There are appropriated from the general fund of the Treasury, +without fiscal year limitation, the sums referred to in subparagraph +(A) and such sums shall not be required to be repaid.''. +SEC. 2104. EMERGENCY INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS. + (a) Federal-State Agreements.--Any State which desires to do so may +enter into and participate in an agreement under this section with the +Secretary of Labor (in this section referred to as the ``Secretary''). +Any State which is a party to an agreement under this section may, upon +providing 30 days' written notice to the Secretary, terminate such +agreement. + (b) Provisions of Agreement.-- + (1) Federal pandemic unemployment compensation.--Any agreement + under this section shall provide that the State agency of the State + will make payments of regular compensation to individuals in + amounts and to the extent that they would be determined if the + State law of the State were applied, with respect to any week for + which the individual is (disregarding this section) otherwise + entitled under the State law to receive regular compensation, as if + such State law had been modified in a manner such that the amount + of regular compensation (including dependents' allowances) payable + for any week shall be equal to-- + (A) the amount determined under the State law (before the + application of this paragraph), plus + (B) an additional amount of $600 (in this section referred + to as ``Federal Pandemic Unemployment Compensation''). + (2) Allowable methods of payment.--Any Federal Pandemic + Unemployment Compensation provided for in accordance with paragraph + (1) shall be payable either-- + (A) as an amount which is paid at the same time and in the + same manner as any regular compensation otherwise payable for + the week involved; or + (B) at the option of the State, by payments which are made + separately from, but on the same weekly basis as, any regular + compensation otherwise payable. + (c) Nonreduction Rule.-- + (1) In general.--An agreement under this section shall not + apply (or shall cease to apply) with respect to a State upon a + determination by the Secretary that the method governing the + computation of regular compensation under the State law of that + State has been modified in a manner such that the number of weeks + (the maximum benefit entitlement), or the average weekly benefit + amount, of regular compensation which will be payable during the + period of the agreement (determined disregarding any Federal + Pandemic Unemployment Compensation) will be less than the number of + weeks, or the average weekly benefit amount, of the average weekly + benefit amount of regular compensation which would otherwise have + been payable during such period under the State law, as in effect + on January 1, 2020. + (2) Maximum benefit entitlement.--In paragraph (1), the term + ``maximum benefit entitlement'' means the amount of regular + unemployment compensation payable to an individual with respect to + the individual's benefit year. + (d) Payments to States.-- + (1) In general.-- + (A) Full reimbursement.--There shall be paid to each State + which has entered into an agreement under this section an + amount equal to 100 percent of-- + (i) the total amount of Federal Pandemic Unemployment + Compensation paid to individuals by the State pursuant to + such agreement; and + (ii) any additional administrative expenses incurred by + the State by reason of such agreement (as determined by the + Secretary). + (B) Terms of payments.--Sums payable to any State by reason + of such State's having an agreement under this section shall be + payable, either in advance or by way of reimbursement (as + determined by the Secretary), in such amounts as the Secretary + estimates the State will be entitled to receive under this + section for each calendar month, reduced or increased, as the + case may be, by any amount by which the Secretary finds that + his estimates for any prior calendar month were greater or less + than the amounts which should have been paid to the State. Such + estimates may be made on the basis of such statistical, + sampling, or other method as may be agreed upon by the + Secretary and the State agency of the State involved. + (2) Certifications.--The Secretary shall from time to time + certify to the Secretary of the Treasury for payment to each State + the sums payable to such State under this section. + (3) Appropriation.--There are appropriated from the general + fund of the Treasury, without fiscal year limitation, such sums as + may be necessary for purposes of this subsection. + (e) Applicability.--An agreement entered into under this section +shall apply to weeks of unemployment-- + (1) beginning after the date on which such agreement is entered + into; and + (2) ending on or before July 31, 2020. + (f) Fraud and Overpayments.-- + (1) In general.--If an individual knowingly has made, or caused + to be made by another, a false statement or representation of a + material fact, or knowingly has failed, or caused another to fail, + to disclose a material fact, and as a result of such false + statement or representation or of such nondisclosure such + individual has received an amount of Federal Pandemic Unemployment + Compensation to which such individual was not entitled, such + individual-- + (A) shall be ineligible for further Federal Pandemic + Unemployment Compensation in accordance with the provisions of + the applicable State unemployment compensation law relating to + fraud in connection with a claim for unemployment compensation; + and + (B) shall be subject to prosecution under section 1001 of + title 18, United States Code. + (2) Repayment.--In the case of individuals who have received + amounts of Federal Pandemic Unemployment Compensation to which they + were not entitled, the State shall require such individuals to + repay the amounts of such Federal Pandemic Unemployment + Compensation to the State agency, except that the State agency may + waive such repayment if it determines that-- + (A) the payment of such Federal Pandemic Unemployment + Compensation was without fault on the part of any such + individual; and + (B) such repayment would be contrary to equity and good + conscience. + (3) Recovery by state agency.-- + (A) In general.--The State agency shall recover the amount + to be repaid, or any part thereof, by deductions from any + Federal Pandemic Unemployment Compensation payable to such + individual or from any unemployment compensation payable to + such individual under any State or Federal unemployment + compensation law administered by the State agency or under any + other State or Federal law administered by the State agency + which provides for the payment of any assistance or allowance + with respect to any week of unemployment, during the 3-year + period after the date such individuals received the payment of + the Federal Pandemic Unemployment Compensation to which they + were not entitled, in accordance with the same procedures as + apply to the recovery of overpayments of regular unemployment + benefits paid by the State. + (B) Opportunity for hearing.--No repayment shall be + required, and no deduction shall be made, until a determination + has been made, notice thereof and an opportunity for a fair + hearing has been given to the individual, and the determination + has become final. + (4) Review.--Any determination by a State agency under this + section shall be subject to review in the same manner and to the + same extent as determinations under the State unemployment + compensation law, and only in that manner and to that extent. + (g) Application to Other Unemployment Benefits.--Each agreement +under this section shall include provisions to provide that the +purposes of the preceding provisions of this section shall be applied +with respect to unemployment benefits described in subsection (i)(2) to +the same extent and in the same manner as if those benefits were +regular compensation. + (h) Disregard of Additional Compensation for Purposes of Medicaid +and CHIP.--The monthly equivalent of any Federal pandemic unemployment +compensation paid to an individual under this section shall be +disregarded when determining income for any purpose under the programs +established under titles XIX and title XXI of the Social Security Act +(42 U.S.C. 1396 et seq., 1397aa et seq.) . + (i) Definitions.--For purposes of this section-- + (1) the terms ``compensation'', ``regular compensation'', + ``benefit year'', ``State'', ``State agency'', ``State law'', and + ``week'' have the respective meanings given such terms under + section 205 of the Federal-State Extended Unemployment Compensation + Act of 1970 (26 U.S.C. 3304 note); and + (2) any reference to unemployment benefits described in this + paragraph shall be considered to refer to-- + (A) extended compensation (as defined by section 205 of the + Federal-State Extended Unemployment Compensation Act of 1970); + (B) regular compensation (as defined by section 85(b) of + the Internal Revenue Code of 1986) provided under any program + administered by a State under an agreement with the Secretary; + (C) pandemic unemployment assistance under section 2102; + and + (D) pandemic emergency unemployment compensation under + section 2107. +SEC. 2105. TEMPORARY FULL FEDERAL FUNDING OF THE FIRST WEEK OF +COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES WITH NO WAITING WEEK. + (a) Federal-State Agreements.--Any State which desires to do so may +enter into and participate in an agreement under this section with the +Secretary of Labor (in this section referred to as the ``Secretary''). +Any State which is a party to an agreement under this section may, upon +providing 30 days' written notice to the Secretary, terminate such +agreement. + (b) Requirement That State Law Does Not Apply a Waiting Week.--A +State is eligible to enter into an agreement under this section if the +State law (including a waiver of State law) provides that compensation +is paid to individuals for their first week of regular unemployment +without a waiting week. An agreement under this section shall not apply +(or shall cease to apply) with respect to a State upon a determination +by the Secretary that the State law no longer meets the requirement +under the preceding sentence. + (c) Payments to States.-- + (1) Full reimbursement.--There shall be paid to each State + which has entered into an agreement under this section an amount + equal to 100 percent of-- + (A) the total amount of regular compensation paid to + individuals by the State for their first week of regular + unemployment; and + (B) any additional administrative expenses incurred by the + State by reason of such agreement (as determined by the + Secretary). + (2) Terms of payments.--Sums payable to any State by reason of + such State's having an agreement under this section shall be + payable, either in advance or by way of reimbursement (as + determined by the Secretary), in such amounts as the Secretary + estimates the State will be entitled to receive under this section + for each calendar month, reduced or increased, as the case may be, + by any amount by which the Secretary finds that his estimates for + any prior calendar month were greater or less than the amounts + which should have been paid to the State. Such estimates may be + made on the basis of such statistical, sampling, or other method as + may be agreed upon by the Secretary and the State agency of the + State involved. + (d) Funding.-- + (1) Compensation.-- + (A) In general.--Funds in the Federal unemployment account + (as established by section 905(g)) of the Unemployment Trust + Fund (as established by section 904(a)) shall be used to make + payments under subsection (c)(1)(A). + (B) Transfer of funds.--Notwithstanding any other provision + of law, the Secretary of the Treasury shall transfer from the + general fund of the Treasury (from funds not otherwise + appropriated) to the Federal unemployment account such sums as + the Secretary of Labor estimates to be necessary to make + payments described in subparagraph (A). There are appropriated + from the general fund of the Treasury, without fiscal year + limitation, the sums referred to in the preceding sentence and + such sums shall not be required to be repaid. + (2) Administrative expenses.-- + (A) In general.--Funds in the employment security + administration account (as established by section 901(a) of the + Social Security Act (42 U.S.C. 1105(a)) of the Unemployment + Trust Fund (as established by section 904(a) of such Act (42 + U.S.C. 1104(a)) shall be used to make payments to States + pursuant to subsection (c)(1)(B). + (B) Transfer of funds.--Notwithstanding any other provision + of law, the Secretary of the Treasury shall transfer from the + general fund of the Treasury (from funds not otherwise + appropriated) to the employment security administration account + such sums as the Secretary of Labor estimates to be necessary + to make payments described in subparagraph (A). There are + appropriated from the general fund of the Treasury, without + fiscal year limitation, the sums referred to in the preceding + sentence and such sums shall not be required to be repaid. + (3) Certifications.--The Secretary shall from time to time + certify to the Secretary of the Treasury for payment to each State + the sums payable to such State under this section. + (e) Applicability.--An agreement entered into under this section +shall apply to weeks of unemployment-- + (1) beginning after the date on which such agreement is entered + into; and + (2) ending on or before December 31, 2020. + (f) Fraud and Overpayments.--The provisions of section 2107(e) +shall apply with respect to compensation paid under an agreement under +this section to the same extent and in the same manner as in the case +of pandemic emergency unemployment compensation under such section. + (g) Definitions.--For purposes of this section, the terms ``regular +compensation'', ``State'', ``State agency'', ``State law'', and +``week'' have the respective meanings given such terms under section +205 of the Federal-State Extended Unemployment Compensation Act of 1970 +(26 U.S.C. 3304 note). +SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY. + Section 4102(b) of the Emergency Unemployment Stabilization and +Access Act of 2020 (contained in division D of the Families First +Coronavirus Response Act) is amended-- + (1) by striking ``or employer experience rating'' and inserting + ``employer experience rating, or, subject to the succeeding + sentence, personnel standards on a merit basis''; and + (2) by adding at the end the following new sentence: ``The + emergency flexibility for personnel standards on a merit basis + shall only apply through December 31, 2020, and is limited to + engaging of temporary staff, rehiring of retirees or former + employees on a non-competitive basis, and other temporary actions + to quickly process applications and claims.''. +SEC. 2107. PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION. + (a) Federal-State Agreements.-- + (1) In general.--Any State which desires to do so may enter + into and participate in an agreement under this section with the + Secretary of Labor (in this section referred to as the + ``Secretary''). Any State which is a party to an agreement under + this section may, upon providing 30 days' written notice to the + Secretary, terminate such agreement. + (2) Provisions of agreement.--Any agreement under paragraph (1) + shall provide that the State agency of the State will make payments + of pandemic emergency unemployment compensation to individuals + who-- + (A) have exhausted all rights to regular compensation under + the State law or under Federal law with respect to a benefit + year (excluding any benefit year that ended before July1, + 2019); + (B) have no rights to regular compensation with respect to + a week under such law or any other State unemployment + compensation law or to compensation under any other Federal + law; + (C) are not receiving compensation with respect to such + week under the unemployment compensation law of Canada; and + (D) are able to work, available to work, and actively + seeking work. + (3) Exhaustion of benefits.--For purposes of paragraph (2)(A), + an individual shall be deemed to have exhausted such individual's + rights to regular compensation under a State law when-- + (A) no payments of regular compensation can be made under + such law because such individual has received all regular + compensation available to such individual based on employment + or wages during such individual's base period; or + (B) such individual's rights to such compensation have been + terminated by reason of the expiration of the benefit year with + respect to which such rights existed. + (4) Weekly benefit amount, etc.--For purposes of any agreement + under this section-- + (A) the amount of pandemic emergency unemployment + compensation which shall be payable to any individual for any + week of total unemployment shall be equal to-- + (i) the amount of the regular compensation (including + dependents' allowances) payable to such individual during + such individual's benefit year under the State law for a + week of total unemployment; and + (ii) the amount of Federal Pandemic Unemployment + Compensation under section 2104; + (B) the terms and conditions of the State law which apply + to claims for regular compensation and to the payment thereof + (including terms and conditions relating to availability for + work, active search for work, and refusal to accept work) shall + apply to claims for pandemic emergency unemployment + compensation and the payment thereof, except where otherwise + inconsistent with the provisions of this section or with the + regulations or operating instructions of the Secretary + promulgated to carry out this section; + (C) the maximum amount of pandemic emergency unemployment + compensation payable to any individual for whom an pandemic + emergency unemployment compensation account is established + under subsection (b) shall not exceed the amount established in + such account for such individual; and + (D) the allowable methods of payment under section + 2104(b)(2) shall apply to payments of amounts described in + subparagraph (A)(ii). + (5) Coordination rule.--An agreement under this section shall + apply with respect to a State only upon a determination by the + Secretary that, under the State law or other applicable rules of + such State, the payment of extended compensation for which an + individual is otherwise eligible must be deferred until after the + payment of any pandemic emergency unemployment compensation under + subsection (b) for which the individual is concurrently eligible. + (6) Nonreduction rule.-- + (A) In general.--An agreement under this section shall not + apply (or shall cease to apply) with respect to a State upon a + determination by the Secretary that the method governing the + computation of regular compensation under the State law of that + State has been modified in a manner such that the number of + weeks (the maximum benefit entitlement), or the average weekly + benefit amount, of regular compensation which will be payable + during the period of the agreement will be less than the number + of weeks, or the average weekly benefit amount, of the average + weekly benefit amount of regular compensation which would + otherwise have been payable during such period under the State + law, as in effect on January 1, 2020. + (B) Maximum benefit entitlement.--In subparagraph (A), the + term ``maximum benefit entitlement'' means the amount of + regular unemployment compensation payable to an individual with + respect to the individual's benefit year. + (7) Actively seeking work.-- + (A) In general.--Subject to subparagraph (C), for purposes + of paragraph (2)(D), the term ``actively seeking work'' means, + with respect to any individual, that such individual-- + (i) is registered for employment services in such a + manner and to such extent as prescribed by the State + agency; + (ii) has engaged in an active search for employment + that is appropriate in light of the employment available in + the labor market, the individual's skills and capabilities, + and includes a number of employer contacts that is + consistent with the standards communicated to the + individual by the State; + (iii) has maintained a record of such work search, + including employers contacted, method of contact, and date + contacted; and + (iv) when requested, has provided such work search + record to the State agency. + (B) Flexibility.--Notwithstanding the requirements under + subparagraph (A) and paragraph (2)(D), a State shall provide + flexibility in meeting such requirements in case of individuals + unable to search for work because of COVID-19, including + because of illness, quarantine, or movement restriction. + (b) Pandemic Emergency Unemployment Compensation Account.-- + (1) In general.--Any agreement under this section shall provide + that the State will establish, for each eligible individual who + files an application for pandemic emergency unemployment + compensation, an pandemic emergency unemployment compensation + account with respect to such individual's benefit year. + (2) Amount in account.--The amount established in an account + under subsection (a) shall be equal to 13 times the individual's + average weekly benefit amount, which includes the amount of Federal + Pandemic Unemployment Compensation under section 2104, for the + benefit year. + (3) Weekly benefit amount.--For purposes of this subsection, an + individual's weekly benefit amount for any week is the amount of + regular compensation (including dependents' allowances) under the + State law payable to such individual for such week for total + unemployment plus the amount of Federal Pandemic Unemployment + Compensation under section 2104. + (c) Payments to States Having Agreements for the Payment of +Pandemic Emergency Unemployment Compensation.-- + (1) In general.--There shall be paid to each State that has + entered into an agreement under this section an amount equal to 100 + percent of the pandemic emergency unemployment compensation paid to + individuals by the State pursuant to such agreement. + (2) Treatment of reimbursable compensation.--No payment shall + be made to any State under this section in respect of any + compensation to the extent the State is entitled to reimbursement + in respect of such compensation under the provisions of any Federal + law other than this section or chapter 85 of title 5, United States + Code. A State shall not be entitled to any reimbursement under such + chapter 85 in respect of any compensation to the extent the State + is entitled to reimbursement under this section in respect of such + compensation. + (3) Determination of amount.--Sums payable to any State by + reason of such State having an agreement under this section shall + be payable, either in advance or by way of reimbursement (as may be + determined by the Secretary), in such amounts as the Secretary + estimates the State will be entitled to receive under this section + for each calendar month, reduced or increased, as the case may be, + by any amount by which the Secretary finds that the Secretary's + estimates for any prior calendar month were greater or less than + the amounts which should have been paid to the State. Such + estimates may be made on the basis of such statistical, sampling, + or other method as may be agreed upon by the Secretary and the + State agency of the State involved. + (d) Financing Provisions.-- + (1) Compensation.-- + (A) In general.--Funds in the extended unemployment + compensation account (as established by section 905(a) of the + Social Security Act (42 U.S.C. 1105(a)) of the Unemployment + Trust Fund (as established by section 904(a) of such Act (42 + U.S.C. 1104(a)) shall be used for the making of payments to + States having agreements entered into under this section. + (B) Transfer of funds.--Notwithstanding any other provision + of law, the Secretary of the Treasury shall transfer from the + general fund of the Treasury (from funds not otherwise + appropriated) to the extended unemployment compensation account + such sums as the Secretary of Labor estimates to be necessary + to make payments described in subparagraph (A). There are + appropriated from the general fund of the Treasury, without + fiscal year limitation, the sums referred to in the preceding + sentence and such sums shall not be required to be repaid. + (2) Administration.-- + (A) In general.--There are appropriated out of the + employment security administration account (as established by + section 901(a) of the Social Security Act (42 U.S.C. 1101(a)) + of the Unemployment Trust Fund, without fiscal year limitation, + such funds as may be necessary for purposes of assisting States + (as provided in title III of the Social Security Act (42 U.S.C. + 501 et seq.)) in meeting the costs of administration of + agreements under this section. + (B) Transfer of funds.--Notwithstanding any other provision + of law, the Secretary of the Treasury shall transfer from the + general fund of the Treasury (from funds not otherwise + appropriated) to the employment security administration account + such sums as the Secretary of Labor estimates to be necessary + to make payments described in subparagraph (A). There are + appropriated from the general fund of the Treasury, without + fiscal year limitation, the sums referred to in the preceding + sentence and such sums shall not be required to be repaid. + (3) Certification.--The Secretary shall from time to time + certify to the Secretary of the Treasury for payment to each State + the sums payable to such State under this subsection. The Secretary + of the Treasury, prior to audit or settlement by the Government + Accountability Office, shall make payments to the State in + accordance with such certification, by transfers from the extended + unemployment compensation account (as so established) to the + account of such State in the Unemployment Trust Fund (as so + established). + (e) Fraud and Overpayments.-- + (1) In general.--If an individual knowingly has made, or caused + to be made by another, a false statement or representation of a + material fact, or knowingly has failed, or caused another to fail, + to disclose a material fact, and as a result of such false + statement or representation or of such nondisclosure such + individual has received an amount of pandemic emergency + unemployment compensation under this section to which such + individual was not entitled, such individual-- + (A) shall be ineligible for further pandemic emergency + unemployment compensation under this section in accordance with + the provisions of the applicable State unemployment + compensation law relating to fraud in connection with a claim + for unemployment compensation; and + (B) shall be subject to prosecution under section 1001 of + title 18, United States Code. + (2) Repayment.--In the case of individuals who have received + amounts of pandemic emergency unemployment compensation under this + section to which they were not entitled, the State shall require + such individuals to repay the amounts of such pandemic emergency + unemployment compensation to the State agency, except that the + State agency may waive such repayment if it determines that-- + (A) the payment of such pandemic emergency unemployment + compensation was without fault on the part of any such + individual; and + (B) such repayment would be contrary to equity and good + conscience. + (3) Recovery by state agency.-- + (A) In general.--The State agency shall recover the amount + to be repaid, or any part thereof, by deductions from any + pandemic emergency unemployment compensation payable to such + individual under this section or from any unemployment + compensation payable to such individual under any State or + Federal unemployment compensation law administered by the State + agency or under any other State or Federal law administered by + the State agency which provides for the payment of any + assistance or allowance with respect to any week of + unemployment, during the 3-year period after the date such + individuals received the payment of the pandemic emergency + unemployment compensation to which they were not entitled, in + accordance with the same procedures as apply to the recovery of + overpayments of regular unemployment benefits paid by the + State. + (B) Opportunity for hearing.--No repayment shall be + required, and no deduction shall be made, until a determination + has been made, notice thereof and an opportunity for a fair + hearing has been given to the individual, and the determination + has become final. + (4) Review.--Any determination by a State agency under this + section shall be subject to review in the same manner and to the + same extent as determinations under the State unemployment + compensation law, and only in that manner and to that extent. + (f) Definitions.--In this section, the terms ``compensation'', +``regular compensation'', ``extended compensation'', ``benefit year'', +``base period'', ``State'', ``State agency'', ``State law'', and +``week'' have the respective meanings given such terms under section +205 of the Federal-State Extended Unemployment Compensation Act of 1970 +(26 U.S.C. 3304 note). + (g) Applicability.--An agreement entered into under this section +shall apply to weeks of unemployment-- + (1) beginning after the date on which such agreement is entered + into; and + (2) ending on or before December 31, 2020. +SEC. 2108. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN +STATES WITH PROGRAMS IN LAW. + (a) Payments to States.-- + (1) In general.--Subject to paragraph (3), there shall be paid + to a State an amount equal to 100 percent of the amount of short- + time compensation paid under a short-time compensation program (as + defined in section 3306(v) of the Internal Revenue Code of 1986) + under the provisions of the State law. + (2) Terms of payments.--Payments made to a State under + paragraph (1) shall be payable by way of reimbursement in such + amounts as the Secretary estimates the State will be entitled to + receive under this section for each calendar month, reduced or + increased, as the case may be, by any amount by which the Secretary + finds that the Secretary's estimates for any prior calendar month + were greater or less than the amounts which should have been paid + to the State. Such estimates may be made on the basis of such + statistical, sampling, or other method as may be agreed upon by the + Secretary and the State agency of the State involved. + (3) Limitations on payments.-- + (A) General payment limitations.--No payments shall be made + to a State under this section for short-time compensation paid + to an individual by the State during a benefit year in excess + of 26 times the amount of regular compensation (including + dependents' allowances) under the State law payable to such + individual for a week of total unemployment. + (B) Employer limitations.--No payments shall be made to a + State under this section for benefits paid to an individual by + the State under a short-time compensation program if such + individual is employed by the participating employer on a + seasonal, temporary, or intermittent basis. + (b) Applicability.--Payments to a State under subsection (a) shall +be available for weeks of unemployment-- + (1) beginning on or after the date of the enactment of this + Act; and + (2) ending on or before December 31, 2020. + (c) New Programs.--Subject to subsection (b)(2), if at any point +after the date of the enactment of this Act the State enacts a State +law providing for the payment of short-time compensation under a short- +time compensation program that meets the definition of such a program +under section 3306(v) of the Internal Revenue Code of 1986, the State +shall be eligible for payments under this section after the effective +date of such enactment. + (d) Funding and Certifications.-- + (1) Funding.--There are appropriated, out of moneys in the + Treasury not otherwise appropriated, such sums as may be necessary + for purposes of carrying out this section. + (2) Certifications.--The Secretary shall from time to time + certify to the Secretary of the Treasury for payment to each State + the sums payable to such State under this section. + (e) Definitions.--In this section: + (1) Secretary.--The term ``Secretary'' means the Secretary of + Labor. + (2) State; state agency; state law.--The terms ``State'', + ``State agency'', and ``State law'' have the meanings given those + terms in section 205 of the Federal-State Extended Unemployment + Compensation Act of 1970 (26 U.S.C. 3304 note). + (f) Technical Correction to Definition.--Section 3306(v)(6) of the +Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by striking +``Workforce Investment Act of 1998'' and inserting ``Workforce +Innovation and Opportunity Act''. +SEC. 2109. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS. + (a) Federal-State Agreements.-- + (1) In general.--Any State which desires to do so may enter + into, and participate in, an agreement under this section with the + Secretary provided that such State's law does not provide for the + payment of short-time compensation under a short-time compensation + program (as defined in section 3306(v) of the Internal Revenue Code + of 1986). + (2) Ability to terminate.--Any State which is a party to an + agreement under this section may, upon providing 30 days' written + notice to the Secretary, terminate such agreement. + (b) Provisions of Federal-State Agreement.-- + (1) In general.--Any agreement under this section shall provide + that the State agency of the State will make payments of short-time + compensation under a plan approved by the State. Such plan shall + provide that payments are made in accordance with the requirements + under section 3306(v) of the Internal Revenue Code of 1986. + (2) Limitations on plans.-- + (A) General payment limitations.--A short-time compensation + plan approved by a State shall not permit the payment of short- + time compensation to an individual by the State during a + benefit year in excess of 26 times the amount of regular + compensation (including dependents' allowances) under the State + law payable to such individual for a week of total + unemployment. + (B) Employer limitations.--A short-time compensation plan + approved by a State shall not provide payments to an individual + if such individual is employed by the participating employer on + a seasonal, temporary, or intermittent basis. + (3) Employer payment of costs.--Any short-time compensation + plan entered into by an employer must provide that the employer + will pay the State an amount equal to one-half of the amount of + short-time compensation paid under such plan. Such amount shall be + deposited in the State's unemployment fund and shall not be used + for purposes of calculating an employer's contribution rate under + section 3303(a)(1) of the Internal Revenue Code of 1986. + (c) Payments to States.-- + (1) In general.--There shall be paid to each State with an + agreement under this section an amount equal to-- + (A) one-half of the amount of short-time compensation paid + to individuals by the State pursuant to such agreement; and + (B) any additional administrative expenses incurred by the + State by reason of such agreement (as determined by the + Secretary). + (2) Terms of payments.--Payments made to a State under + paragraph (1) shall be payable by way of reimbursement in such + amounts as the Secretary estimates the State will be entitled to + receive under this section for each calendar month, reduced or + increased, as the case may be, by any amount by which the Secretary + finds that the Secretary's estimates for any prior calendar month + were greater or less than the amounts which should have been paid + to the State. Such estimates may be made on the basis of such + statistical, sampling, or other method as may be agreed upon by the + Secretary and the State agency of the State involved. + (3) Funding.--There are appropriated, out of moneys in the + Treasury not otherwise appropriated, such sums as may be necessary + for purposes of carrying out this section. + (4) Certifications.--The Secretary shall from time to time + certify to the Secretary of the Treasury for payment to each State + the sums payable to such State under this section. + (d) Applicability.--An agreement entered into under this section +shall apply to weeks of unemployment-- + (1) beginning on or after the date on which such agreement is + entered into; and + (2) ending on or before December 31, 2020. + (e) Special Rule.--If a State has entered into an agreement under +this section and subsequently enacts a State law providing for the +payment of short-time compensation under a short-time compensation +program that meets the definition of such a program under section +3306(v) of the Internal Revenue Code of 1986, the State-- + (1) shall not be eligible for payments under this section for + weeks of unemployment beginning after the effective date of such + State law; and + (2) subject to section 2108(b)(2), shall be eligible to receive + payments under section 2108 after the effective date of such State + law. + (f) Definitions.--In this section: + (1) Secretary.--The term ``Secretary'' means the Secretary of + Labor. + (2) State; state agency; state law.--The terms ``State'', + ``State agency'', and ``State law'' have the meanings given those + terms in section 205 of the Federal-State Extended Unemployment + Compensation Act of 1970 (26 U.S.C. 3304 note). +SEC. 2110. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS. + (a) Grants.-- + (1) For implementation or improved administration.--The + Secretary shall award grants to States that enact short-time + compensation programs (as defined in subsection (i)(2)) for the + purpose of implementation or improved administration of such + programs. + (2) For promotion and enrollment.--The Secretary shall award + grants to States that are eligible and submit plans for a grant + under paragraph (1) for such States to promote and enroll employers + in short-time compensation programs (as so defined). + (3) Eligibility.-- + (A) In general.--The Secretary shall determine eligibility + criteria for the grants under paragraphs (1) and (2). + (B) Clarification.--A State administering a short-time + compensation program that does not meet the definition of a + short-time compensation program under section 3306(v) of the + Internal Revenue Code of 1986, and a State with an agreement + under section 2109, shall not be eligible to receive a grant + under this section until such time as the State law of the + State provides for payments under a short-time compensation + program that meets such definition and such law. + (b) Amount of Grants.-- + (1) In general.--The maximum amount available for making grants + to a State under paragraphs (1) and (2) shall be equal to the + amount obtained by multiplying $100,000,000 (less the amount used + by the Secretary under subsection (e)) by the same ratio as would + apply under subsection (a)(2)(B) of section 903 of the Social + Security Act (42 U.S.C. 1103) for purposes of determining such + State's share of any excess amount (as described in subsection + (a)(1) of such section) that would have been subject to transfer to + State accounts, as of October 1, 2019, under the provisions of + subsection (a) of such section. + (2) Amount available for different grants.--Of the maximum + incentive payment determined under paragraph (1) with respect to a + State-- + (A) one-third shall be available for a grant under + subsection (a)(1); and + (B) two-thirds shall be available for a grant under + subsection (a)(2). + (c) Grant Application and Disbursal.-- + (1) Application.--Any State seeking a grant under paragraph (1) + or (2) of subsection (a) shall submit an application to the + Secretary at such time, in such manner, and complete with such + information as the Secretary may require. In no case may the + Secretary award a grant under this section with respect to an + application that is submitted after December 31, 2023. + (2) Notice.--The Secretary shall, within 30 days after + receiving a complete application, notify the State agency of the + State of the Secretary's findings with respect to the requirements + for a grant under paragraph (1) or (2) (or both) of subsection (a). + (3) Certification.--If the Secretary finds that the State law + provisions meet the requirements for a grant under subsection (a), + the Secretary shall thereupon make a certification to that effect + to the Secretary of the Treasury, together with a certification as + to the amount of the grant payment to be transferred to the State + account in the Unemployment Trust Fund (as established in section + 904(a) of the Social Security Act (42 U.S.C. 1104(a))) pursuant to + that finding. The Secretary of the Treasury shall make the + appropriate transfer to the State account within 7 days after + receiving such certification. + (4) Requirement.--No certification of compliance with the + requirements for a grant under paragraph (1) or (2) of subsection + (a) may be made with respect to any State whose-- + (A) State law is not otherwise eligible for certification + under section 303 of the Social Security Act (42 U.S.C. 503) or + approvable under section 3304 of the Internal Revenue Code of + 1986; or + (B) short-time compensation program is subject to + discontinuation or is not scheduled to take effect within 12 + months of the certification. + (d) Use of Funds.--The amount of any grant awarded under this +section shall be used for the implementation of short-time compensation +programs and the overall administration of such programs and the +promotion and enrollment efforts associated with such programs, such as +through-- + (1) the creation or support of rapid response teams to advise + employers about alternatives to layoffs; + (2) the provision of education or assistance to employers to + enable them to assess the feasibility of participating in short- + time compensation programs; and + (3) the development or enhancement of systems to automate-- + (A) the submission and approval of plans; and + (B) the filing and approval of new and ongoing short-time + compensation claims. + (e) Administration.--The Secretary is authorized to use 0.25 +percent of the funds available under subsection (g) to provide for +outreach and to share best practices with respect to this section and +short-time compensation programs. + (f) Recoupment.--The Secretary shall establish a process under +which the Secretary shall recoup the amount of any grant awarded under +paragraph (1) or (2) of subsection (a) if the Secretary determines +that, during the 5-year period beginning on the first date that any +such grant is awarded to the State, the State-- + (1) terminated the State's short-time compensation program; or + (2) failed to meet appropriate requirements with respect to + such program (as established by the Secretary). + (g) Funding.--There are appropriated, out of moneys in the Treasury +not otherwise appropriated, to the Secretary, $100,000,000 to carry out +this section, to remain available without fiscal year limitation. + (h) Reporting.--The Secretary may establish reporting requirements +for States receiving a grant under this section in order to provide +oversight of grant funds. + (i) Definitions.--In this section: + (1) Secretary.--The term ``Secretary'' means the Secretary of + Labor. + (2) Short-time compensation program.--The term ``short-time + compensation program'' has the meaning given such term in section + 3306(v) of the Internal Revenue Code of 1986. + (3) State; state agency; state law.--The terms ``State'', + ``State agency'', and ``State law'' have the meanings given those + terms in section 205 of the Federal-State Extended Unemployment + Compensation Act of 1970 (26 U.S.C. 3304 note). +SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS. + (a) In General.--In order to assist States in establishing, +qualifying, and implementing short-time compensation programs (as +defined in section 3306(v) of the Internal Revenue Code of 1986), the +Secretary of Labor (in this section referred to as the ``Secretary'') +shall-- + (1) develop model legislative language, or disseminate existing + model legislative language, which may be used by States in + developing and enacting such programs, and periodically review and + revise such model legislative language; + (2) provide technical assistance and guidance in developing, + enacting, and implementing such programs; and + (3) establish reporting requirements for States, including + reporting on-- + (A) the number of estimated averted layoffs; + (B) the number of participating employers and workers; and + (C) such other items as the Secretary of Labor determines + are appropriate. + (b) Model Language and Guidance.--The model language and guidance +developed under subsection (a) shall allow sufficient flexibility by +States and participating employers while ensuring accountability and +program integrity. + (c) Consultation.--In developing the model legislative language and +guidance under subsection (a), and in order to meet the requirements of +subsection (b), the Secretary shall consult with employers, labor +organizations, State workforce agencies, and other program experts. +Existing model legislative language that has been developed through +such a consultative process shall be deemed to meet the consultation +requirement of this subsection. + (d) Repeal.--Section 4104 of the Emergency Unemployment +Stabilization and Access Act of 2020 (contained in division D of the +Families First Coronavirus Response Act) is repealed. +SEC. 2112. WAIVER OF THE 7-DAY WAITING PERIOD FOR BENEFITS UNDER THE +RAILROAD UNEMPLOYMENT INSURANCE ACT. + (a) No Waiting Week.--With respect to any registration period +beginning after the date of enactment of this Act and ending on or +before December 31, 2020, subparagraphs (A)(ii) and (B)(ii) of section +2(a)(1) of the Railroad Unemployment Insurance Act (45 U.S.C. +352(a)(1)) shall not apply. + (b) Operating Instructions and Regulations.--The Railroad +Retirement Board may prescribe any operating instructions or +regulations necessary to carry out this section. + (c) Funding.--Out of any funds in the Treasury not otherwise +appropriated, there are appropriated $50,000,000 to cover the costs of +additional benefits payable due to the application of subsection (a). +Upon the exhaustion of the funds appropriated under this subsection, +subsection (a) shall no longer apply with respect to any registration +period beginning after the date of exhaustion of funds. + (d) Definition of Registration Period.--For purposes of this +section, the term ``registration period'' has the meaning given such +term under section 1 of the Railroad Unemployment Insurance Act (45 +U.S.C. 351). +SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE +ACT. + Section 2(a) of the Railroad Unemployment Insurance Act (45 U.S.C. +Sec. 352(a)) is amended by adding at the end the following: + ``(5)(A) Notwithstanding paragraph (3), subsection (c)(1)(B), and +any other limitation on total benefits in this Act, for registration +periods beginning on or after April 1, 2020, but on or before July 31, +2020, a recovery benefit in the amount of $1,200 shall be payable to a +qualified employee with respect to any registration period in which the +employee received unemployment benefits under paragraph (1)(A), and in +any registration period in which the employee did not receive +unemployment benefits due to the limitation in subsection (c)(1)(B) or +due to reaching the maximum number of days of benefits in the benefit +year beginning July 1, 2019, under subsection (c)(1)(A). No recovery +benefits shall be payable under this section upon the exhaustion of the +funds appropriated under subparagraph (B) for payment of benefits under +this subparagraph. + ``(B) Out of any funds in the Treasury not otherwise appropriated, +there are appropriated $425,000,000 to cover the cost of recovery +benefits provided under subparagraph (A), to remain available until +expended.''. +SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD +UNEMPLOYMENT INSURANCE ACT. + (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad +Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is amended-- + (1) by striking ``July 1, 2008'' and inserting ``July 1, + 2019''; + (2) by striking ``June 30, 2013'' and inserting ``June 30, + 2020''; and + (3) by striking ``December 31, 2013'' and inserting ``December + 31, 2020''. + (b) Clarification on Authority To Use Funds.--Funds appropriated +under either the first or second sentence of clause (iv) of section +2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be +available to cover the cost of additional extended unemployment +benefits provided under such section 2(c)(2)(D) by reason of the +amendments made by subsection (a) as well as to cover the cost of such +benefits provided under such section 2(c)(2)(D) as in effect on the day +before the date of enactment of this Act. +SEC. 2115. FUNDING FOR THE DOL OFFICE OF INSPECTOR GENERAL FOR +OVERSIGHT OF UNEMPLOYMENT PROVISIONS. + There are appropriated, out of moneys in the Treasury not otherwise +appropriated, to the Office of the Inspector General of the Department +of Labor, $25,000,000 to carry out audits, investigations, and other +oversight activities authorized under the Inspector General Act of 1978 +(5 U.S.C. App.) that are related to the provisions of, and amendments +made by, this subtitle, to remain available without fiscal year +limitation. +SEC. 2116. IMPLEMENTATION. + (a) Non-application of the Paperwork Reduction Act.--Chapter 35 of +title 44, United States Code (commonly referred to as the ``Paperwork +Reduction Act of 1995''), shall not apply to the provisions of, and the +amendments made by, this subtitle. + (b) Operating Instructions or Other Guidance.--Notwithstanding any +other provision of law, the Secretary of Labor may issue any operating +instructions or other guidance necessary to carry out the provisions +of, or the amendments made by, this subtitle. + + Subtitle B--Rebates and Other Individual Provisions + +SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS. + (a) In General.--Subchapter B of chapter 65 of subtitle F of the +Internal Revenue Code of 1986 is amended by inserting after section +6427 the following new section: +``SEC. 6428. 2020 RECOVERY REBATES FOR INDIVIDUALS. + ``(a) In General.--In the case of an eligible individual, there +shall be allowed as a credit against the tax imposed by subtitle A for +the first taxable year beginning in 2020 an amount equal to the sum +of-- + ``(1) $1,200 ($2,400 in the case of eligible individuals filing + a joint return), plus + ``(2) an amount equal to the product of $500 multiplied by the + number of qualifying children (within the meaning of section 24(c)) + of the taxpayer. + ``(b) Treatment of Credit.--The credit allowed by subsection (a) +shall be treated as allowed by subpart C of part IV of subchapter A of +chapter 1. + ``(c) Limitation Based on Adjusted Gross Income.--The amount of the +credit allowed by subsection (a) (determined without regard to this +subsection and subsection (e)) shall be reduced (but not below zero) by +5 percent of so much of the taxpayer's adjusted gross income as +exceeds-- + ``(1) $150,000 in the case of a joint return, + ``(2) $112,500 in the case of a head of household, and + ``(3) $75,000 in the case of a taxpayer not described in + paragraph (1) or (2). + ``(d) Eligible Individual.--For purposes of this section, the term +`eligible individual' means any individual other than-- + ``(1) any nonresident alien individual, + ``(2) any individual with respect to whom a deduction under + section 151 is allowable to another taxpayer for a taxable year + beginning in the calendar year in which the individual's taxable + year begins, and + ``(3) an estate or trust. + ``(e) Coordination With Advance Refunds of Credit.-- + ``(1) In general.--The amount of credit which would (but for + this paragraph) be allowable under this section shall be reduced + (but not below zero) by the aggregate refunds and credits made or + allowed to the taxpayer under subsection (f). Any failure to so + reduce the credit shall be treated as arising out of a mathematical + or clerical error and assessed according to section 6213(b)(1). + ``(2) Joint returns.--In the case of a refund or credit made or + allowed under subsection (f) with respect to a joint return, half + of such refund or credit shall be treated as having been made or + allowed to each individual filing such return. + ``(f) Advance Refunds and Credits.-- + ``(1) In general.--Subject to paragraph (5), each individual + who was an eligible individual for such individual's first taxable + year beginning in 2019 shall be treated as having made a payment + against the tax imposed by chapter 1 for such taxable year in an + amount equal to the advance refund amount for such taxable year. + ``(2) Advance refund amount.--For purposes of paragraph (1), + the advance refund amount is the amount that would have been + allowed as a credit under this section for such taxable year if + this section (other than subsection (e) and this subsection) had + applied to such taxable year. + ``(3) Timing and manner of payments.-- + ``(A) Timing.--The Secretary shall, subject to the + provisions of this title, refund or credit any overpayment + attributable to this section as rapidly as possible. No refund + or credit shall be made or allowed under this subsection after + December 31, 2020. + ``(B) Delivery of payments.--Notwithstanding any other + provision of law, the Secretary may certify and disburse + refunds payable under this subsection electronically to any + account to which the payee authorized, on or after January 1, + 2018, the delivery of a refund of taxes under this title or of + a Federal payment (as defined in section 3332 of title 31, + United States Code). + ``(C) Waiver of certain rules.--Notwithstanding section + 3325 of title 31, United States Code, or any other provision of + law, with respect to any payment of a refund under this + subsection, a disbursing official in the executive branch of + the United States Government may modify payment information + received from an officer or employee described in section + 3325(a)(1)(B) of such title for the purpose of facilitating the + accurate and efficient delivery of such payment. Except in + cases of fraud or reckless neglect, no liability under sections + 3325, 3527, 3528, or 3529 of title 31, United States Code, + shall be imposed with respect to payments made under this + subparagraph. + ``(4) No interest.--No interest shall be allowed on any + overpayment attributable to this section. + ``(5) Alternate taxable year.--In the case of an individual + who, at the time of any determination made pursuant to paragraph + (3), has not filed a tax return for the year described in paragraph + (1), the Secretary may-- + ``(A) apply such paragraph by substituting `2018' for + `2019', and + ``(B) if the individual has not filed a tax return for such + individual's first taxable year beginning in 2018, use + information with respect to such individual for calendar year + 2019 provided in-- + ``(i) Form SSA-1099, Social Security Benefit Statement, + or + ``(ii) Form RRB-1099, Social Security Equivalent + Benefit Statement. + ``(6) Notice to taxpayer.--Not later than 15 days after the + date on which the Secretary distributed any payment to an eligible + taxpayer pursuant to this subsection, notice shall be sent by mail + to such taxpayer's last known address. Such notice shall indicate + the method by which such payment was made, the amount of such + payment, and a phone number for the appropriate point of contact at + the Internal Revenue Service to report any failure to receive such + payment. + ``(g) Identification Number Requirement.-- + ``(1) In general.--No credit shall be allowed under subsection + (a) to an eligible individual who does not include on the return of + tax for the taxable year-- + ``(A) such individual's valid identification number, + ``(B) in the case of a joint return, the valid + identification number of such individual's spouse, and + ``(C) in the case of any qualifying child taken into + account under subsection (a)(2), the valid identification + number of such qualifying child. + ``(2) Valid identification number.-- + ``(A) In general.--For purposes of paragraph (1), the term + `valid identification number' means a social security number + (as such term is defined in section 24(h)(7)). + ``(B) Adoption taxpayer identification number.--For + purposes of paragraph (1)(C), in the case of a qualifying child + who is adopted or placed for adoption, the term `valid + identification number' shall include the adoption taxpayer + identification number of such child. + ``(3) Special rule for members of the armed forces.--Paragraph + (1)(B) shall not apply in the case where at least 1 spouse was a + member of the Armed Forces of the United States at any time during + the taxable year and at least 1 spouse satisfies paragraph (1)(A). + ``(4) Mathematical or clerical error authority.--Any omission + of a correct valid identification number required under this + subsection shall be treated as a mathematical or clerical error for + purposes of applying section 6213(g)(2) to such omission. + ``(h) Regulations.--The Secretary shall prescribe such regulations +or other guidance as may be necessary to carry out the purposes of this +section, including any such measures as are deemed appropriate to avoid +allowing multiple credits or rebates to a taxpayer.''. + (b) Administrative Amendments.-- + (1) Definition of deficiency.--Section 6211(b)(4)(A) of the + Internal Revenue Code of 1986 is amended by striking ``and 36B, + 168(k)(4)'' and inserting ``36B, and 6428''. + (2) Mathematical or clerical error authority.--Section + 6213(g)(2)(L) of such Code is amended by striking ``or 32'' and + inserting ``32, or 6428''. + (c) Treatment of Possessions.-- + (1) Payments to possessions.-- + (A) Mirror code possession.--The Secretary of the Treasury + shall pay to each possession of the United States which has a + mirror code tax system amounts equal to the loss (if any) to + that possession by reason of the amendments made by this + section. Such amounts shall be determined by the Secretary of + the Treasury based on information provided by the government of + the respective possession. + (B) Other possessions.--The Secretary of the Treasury shall + pay to each possession of the United States which does not have + a mirror code tax system amounts estimated by the Secretary of + the Treasury as being equal to the aggregate benefits (if any) + that would have been provided to residents of such possession + by reason of the amendments made by this section if a mirror + code tax system had been in effect in such possession. The + preceding sentence shall not apply unless the respective + possession has a plan, which has been approved by the Secretary + of the Treasury, under which such possession will promptly + distribute such payments to its residents. + (2) Coordination with credit allowed against united states + income taxes.--No credit shall be allowed against United States + income taxes under section 6428 of the Internal Revenue Code of + 1986 (as added by this section) to any person-- + (A) to whom a credit is allowed against taxes imposed by + the possession by reason of the amendments made by this + section, or + (B) who is eligible for a payment under a plan described in + paragraph (1)(B). + (3) Definitions and special rules.-- + (A) Possession of the united states.--For purposes of this + subsection, the term ``possession of the United States'' + includes the Commonwealth of Puerto Rico and the Commonwealth + of the Northern Mariana Islands. + (B) Mirror code tax system.--For purposes of this + subsection, the term ``mirror code tax system'' means, with + respect to any possession of the United States, the income tax + system of such possession if the income tax liability of the + residents of such possession under such system is determined by + reference to the income tax laws of the United States as if + such possession were the United States. + (C) Treatment of payments.--For purposes of section 1324 of + title 31, United States Code, the payments under this + subsection shall be treated in the same manner as a refund due + from a credit provision referred to in subsection (b)(2) of + such section. + (d) Exception From Reduction or Offset.--Any credit or refund +allowed or made to any individual by reason of section 6428 of the +Internal Revenue Code of 1986 (as added by this section) or by reason +of subsection (c) of this section shall not be-- + (1) subject to reduction or offset pursuant to section 3716 or + 3720A of title 31, United States Code, + (2) subject to reduction or offset pursuant to subsection (d), + (e), or (f) of section 6402 of the Internal Revenue Code of 1986, + or + (3) reduced or offset by other assessed Federal taxes that + would otherwise be subject to levy or collection. + (e) Public Awareness Campaign.--The Secretary of the Treasury (or +the Secretary's delegate) shall conduct a public awareness campaign, in +coordination with the Commissioner of Social Security and the heads of +other relevant Federal agencies, to provide information regarding the +availability of the credit and rebate allowed under section 6428 of the +Internal Revenue Code of 1986 (as added by this section), including +information with respect to individuals who may not have filed a tax +return for taxable year 2018 or 2019. + (f) Appropriations to Carry Out Rebates.-- + (1) In general.--Immediately upon the enactment of this Act, + the following sums are appropriated, out of any money in the + Treasury not otherwise appropriated, for the fiscal year ending + September 30, 2020: + (A) Department of the treasury.-- + (i) For an additional amount for ``Department of the + Treasury--Bureau of the Fiscal Service--Salaries and + Expenses'', $78,650,000, to remain available until + September 30, 2021. + (ii) For an additional amount for ``Department of the + Treasury--Internal Revenue Service--Taxpayer Services'', + $293,500,000, to remain available until September 30, 2021. + (iii) For an additional amount for ``Department of the + Treasury--Internal Revenue Service--Operations Support'', + $170,000,000, to remain available until September 30, 2021. + (iv) For an additional amount for ``Department of + Treasury--Internal Revenue Service--Enforcement'', + $37,200,000, to remain available until September 30, 2021. + Amounts made available in appropriations under clauses (ii), + (iii), and (iv) of this subparagraph may be transferred between + such appropriations upon the advance notification of the + Committees on Appropriations of the House of Representatives + and the Senate. Such transfer authority is in addition to any + other transfer authority provided by law. + (B) Social security administration.--For an additional + amount for ``Social Security Administration--Limitation on + Administrative Expenses'', $38,000,000, to remain available + until September 30, 2021. + (2) Reports.--No later than 15 days after enactment of this + Act, the Secretary of the Treasury shall submit a plan to the + Committees on Appropriations of the House of Representatives and + the Senate detailing the expected use of the funds provided by + paragraph (1)(A). Beginning 90 days after enactment of this Act, + the Secretary of the Treasury shall submit a quarterly report to + the Committees on Appropriations of the House of Representatives + and the Senate detailing the actual expenditure of funds provided + by paragraph (1)(A) and the expected expenditure of such funds in + the subsequent quarter. + (g) Conforming Amendments.-- + (1) Paragraph (2) of section 1324(b) of title 31, United States + Code, is amended by inserting ``6428,'' after ``54B(h),''. + (2) The table of sections for subchapter B of chapter 65 of + subtitle F of the Internal Revenue Code of 1986 is amended by + inserting after the item relating to section 6427 the following: + +``Sec. 6428. 2020 Recovery Rebates for individuals.''. +SEC. 2202. SPECIAL RULES FOR USE OF RETIREMENT FUNDS. + (a) Tax-favored Withdrawals From Retirement Plans.-- + (1) In general.--Section 72(t) of the Internal Revenue Code of + 1986 shall not apply to any coronavirus-related distribution. + (2) Aggregate dollar limitation.-- + (A) In general.--For purposes of this subsection, the + aggregate amount of distributions received by an individual + which may be treated as coronavirus-related distributions for + any taxable year shall not exceed $100,000. + (B) Treatment of plan distributions.--If a distribution to + an individual would (without regard to subparagraph (A)) be a + coronavirus-related distribution, a plan shall not be treated + as violating any requirement of the Internal Revenue Code of + 1986 merely because the plan treats such distribution as a + coronavirus-related distribution, unless the aggregate amount + of such distributions from all plans maintained by the employer + (and any member of any controlled group which includes the + employer) to such individual exceeds $100,000. + (C) Controlled group.--For purposes of subparagraph (B), + the term ``controlled group'' means any group treated as a + single employer under subsection (b), (c), (m), or (o) of + section 414 of the Internal Revenue Code of 1986. + (3) Amount distributed may be repaid.-- + (A) In general.--Any individual who receives a coronavirus- + related distribution may, at any time during the 3-year period + beginning on the day after the date on which such distribution + was received, make 1 or more contributions in an aggregate + amount not to exceed the amount of such distribution to an + eligible retirement plan of which such individual is a + beneficiary and to which a rollover contribution of such + distribution could be made under section 402(c), 403(a)(4), + 403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue + Code of 1986, as the case may be. + (B) Treatment of repayments of distributions from eligible + retirement plans other than iras.--For purposes of the Internal + Revenue Code of 1986, if a contribution is made pursuant to + subparagraph (A) with respect to a coronavirus-related + distribution from an eligible retirement plan other than an + individual retirement plan, then the taxpayer shall, to the + extent of the amount of the contribution, be treated as having + received the coronavirus-related distribution in an eligible + rollover distribution (as defined in section 402(c)(4) of such + Code) and as having transferred the amount to the eligible + retirement plan in a direct trustee to trustee transfer within + 60 days of the distribution. + (C) Treatment of repayments of distributions from iras.-- + For purposes of the Internal Revenue Code of 1986, if a + contribution is made pursuant to subparagraph (A) with respect + to a coronavirus-related distribution from an individual + retirement plan (as defined by section 7701(a)(37) of such + Code), then, to the extent of the amount of the contribution, + the coronavirus-related distribution shall be treated as a + distribution described in section 408(d)(3) of such Code and as + having been transferred to the eligible retirement plan in a + direct trustee to trustee transfer within 60 days of the + distribution. + (4) Definitions.--For purposes of this subsection-- + (A) Coronavirus-related distribution.--Except as provided + in paragraph (2), the term ``coronavirus-related distribution'' + means any distribution from an eligible retirement plan made-- + (i) on or after January 1, 2020, and before December + 31, 2020, + (ii) to an individual-- + + (I) who is diagnosed with the virus SARS-CoV-2 or + with coronavirus disease 2019 (COVID-19) by a test + approved by the Centers for Disease Control and + Prevention, + (II) whose spouse or dependent (as defined in + section 152 of the Internal Revenue Code of 1986) is + diagnosed with such virus or disease by such a test, or + (III) who experiences adverse financial + consequences as a result of being quarantined, being + furloughed or laid off or having work hours reduced due + to such virus or disease, being unable to work due to + lack of child care due to such virus or disease, + closing or reducing hours of a business owned or + operated by the individual due to such virus or + disease, or other factors as determined by the + Secretary of the Treasury (or the Secretary's + delegate). + + (B) Employee certification.--The administrator of an + eligible retirement plan may rely on an employee's + certification that the employee satisfies the conditions of + subparagraph (A)(ii) in determining whether any distribution is + a coronavirus-related distribution. + (C) Eligible retirement plan.--The term ``eligible + retirement plan'' has the meaning given such term by section + 402(c)(8)(B) of the Internal Revenue Code of 1986. + (5) Income inclusion spread over 3-year period.-- + (A) In general.--In the case of any coronavirus-related + distribution, unless the taxpayer elects not to have this + paragraph apply for any taxable year, any amount required to be + included in gross income for such taxable year shall be so + included ratably over the 3-taxable-year period beginning with + such taxable year. + (B) Special rule.--For purposes of subparagraph (A), rules + similar to the rules of subparagraph (E) of section 408A(d)(3) + of the Internal Revenue Code of 1986 shall apply. + (6) Special rules.-- + (A) Exemption of distributions from trustee to trustee + transfer and withholding rules.--For purposes of sections + 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of + 1986, coronavirus-related distributions shall not be treated as + eligible rollover distributions. + (B) Coronavirus-related distributions treated as meeting + plan distribution requirements.--For purposes of the Internal + Revenue Code of 1986, a coronavirus-related distribution shall + be treated as meeting the requirements of sections + 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) + of such Code and section 8433(h)(1) of title 5, United States + Code. + (b) Loans From Qualified Plans.-- + (1) Increase in limit on loans not treated as distributions.-- + In the case of any loan from a qualified employer plan (as defined + under section 72(p)(4) of the Internal Revenue Code of 1986) to a + qualified individual made during the 180-day period beginning on + the date of the enactment of this Act-- + (A) clause (i) of section 72(p)(2)(A) of such Code shall be + applied by substituting ``$100,000'' for ``$50,000'', and + (B) clause (ii) of such section shall be applied by + substituting ``the present value of the nonforfeitable accrued + benefit of the employee under the plan'' for ``one-half of the + present value of the nonforfeitable accrued benefit of the + employee under the plan''. + (2) Delay of repayment.--In the case of a qualified individual + with an outstanding loan (on or after the date of the enactment of + this Act) from a qualified employer plan (as defined in section + 72(p)(4) of the Internal Revenue Code of 1986)-- + (A) if the due date pursuant to subparagraph (B) or (C) of + section 72(p)(2) of such Code for any repayment with respect to + such loan occurs during the period beginning on the date of the + enactment of this Act and ending on December 31, 2020, such due + date shall be delayed for 1 year, + (B) any subsequent repayments with respect to any such loan + shall be appropriately adjusted to reflect the delay in the due + date under subparagraph (A) and any interest accruing during + such delay, and + (C) in determining the 5-year period and the term of a loan + under subparagraph (B) or (C) of section 72(p)(2) of such Code, + the period described in subparagraph (A) of this paragraph + shall be disregarded. + (3) Qualified individual.--For purposes of this subsection, the + term ``qualified individual'' means any individual who is described + in subsection (a)(4)(A)(ii). + (c) Provisions Relating to Plan Amendments.-- + (1) In general.--If this subsection applies to any amendment to + any plan or annuity contract-- + (A) such plan or contract shall be treated as being + operated in accordance with the terms of the plan during the + period described in paragraph (2)(B)(i), and + (B) except as provided by the Secretary of the Treasury (or + the Secretary's delegate), such plan or contract shall not fail + to meet the requirements of section 411(d)(6) of the Internal + Revenue Code of 1986 and section 204(g) of the Employee + Retirement Income Security Act of 1974 by reason of such + amendment. + (2) Amendments to which subsection applies.-- + (A) In general.--This subsection shall apply to any + amendment to any plan or annuity contract which is made-- + (i) pursuant to any provision of this section, or + pursuant to any regulation issued by the Secretary of the + Treasury or the Secretary of Labor (or the delegate of + either such Secretary) under any provision of this section, + and + (ii) on or before the last day of the first plan year + beginning on or after January 1, 2022, or such later date + as the Secretary of the Treasury (or the Secretary's + delegate) may prescribe. + In the case of a governmental plan (as defined in section + 414(d) of the Internal Revenue Code of 1986), clause (ii) shall + be applied by substituting the date which is 2 years after the + date otherwise applied under clause (ii). + (B) Conditions.--This subsection shall not apply to any + amendment unless-- + (i) during the period-- + + (I) beginning on the date that this section or the + regulation described in subparagraph (A)(i) takes + effect (or in the case of a plan or contract amendment + not required by this section or such regulation, the + effective date specified by the plan), and + (II) ending on the date described in subparagraph + (A)(ii) (or, if earlier, the date the plan or contract + amendment is adopted), + + the plan or contract is operated as if such plan or + contract amendment were in effect, and + (ii) such plan or contract amendment applies + retroactively for such period. +SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR +CERTAIN RETIREMENT PLANS AND ACCOUNTS. + (a) In General.--Section 401(a)(9) of the Internal Revenue Code of +1986 is amended by adding at the end the following new subparagraph: + ``(I) Temporary waiver of minimum required distribution.-- + ``(i) In general.--The requirements of this paragraph + shall not apply for calendar year 2020 to-- + + ``(I) a defined contribution plan which is + described in this subsection or in section 403(a) or + 403(b), + ``(II) a defined contribution plan which is an + eligible deferred compensation plan described in + section 457(b) but only if such plan is maintained by + an employer described in section 457(e)(1)(A), or + ``(III) an individual retirement plan. + + ``(ii) Special rule for required beginning dates in + 2020.--Clause (i) shall apply to any distribution which is + required to be made in calendar year 2020 by reason of-- + + ``(I) a required beginning date occurring in such + calendar year, and + ``(II) such distribution not having been made + before January 1, 2020. + + ``(iii) Special rules regarding waiver period.--For + purposes of this paragraph-- + + ``(I) the required beginning date with respect to + any individual shall be determined without regard to + this subparagraph for purposes of applying this + paragraph for calendar years after 2020, and + ``(II) if clause (ii) of subparagraph (B) applies, + the 5-year period described in such clause shall be + determined without regard to calendar year 2020.''. + + (b) Eligible Rollover Distributions.--Section 402(c)(4) of the +Internal Revenue Code of 1986 is amended by striking ``2009'' each +place it appears in the last sentence and inserting ``2020''. + (c) Effective Dates.-- + (1) In general.--The amendments made by this section shall + apply for calendar years beginning after December 31, 2019. + (2) Provisions relating to plan or contract amendments.-- + (A) In general.--If this paragraph applies to any plan or + contract amendment-- + (i) such plan or contract shall not fail to be treated + as being operated in accordance with the terms of the plan + during the period described in subparagraph (B)(ii) solely + because the plan operates in accordance with this section, + and + (ii) except as provided by the Secretary of the + Treasury (or the Secretary's delegate), such plan or + contract shall not fail to meet the requirements of section + 411(d)(6) of the Internal Revenue Code of 1986 and section + 204(g) of the Employee Retirement Income Security Act of + 1974 by reason of such amendment. + (B) Amendments to which paragraph applies.-- + (i) In general.--This paragraph shall apply to any + amendment to any plan or annuity contract which-- + + (I) is made pursuant to the amendments made by this + section, and + (II) is made on or before the last day of the first + plan year beginning on or after January 1, 2022. + + In the case of a governmental plan, subclause (II) shall be + applied by substituting ``2024'' for ``2022''. + (ii) Conditions.--This paragraph shall not apply to any + amendment unless during the period beginning on the + effective date of the amendment and ending on December 31, + 2020, the plan or contract is operated as if such plan or + contract amendment were in effect. +SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION FOR CHARITABLE +CONTRIBUTIONS. + (a) In General.--Section 62(a) of the Internal Revenue Code of 1986 +is amended by inserting after paragraph (21) the following new +paragraph: + ``(22) Charitable contributions.--In the case of taxable years + beginning in 2020, the amount (not to exceed $300) of qualified + charitable contributions made by an eligible individual during the + taxable year.''. + (b) Definitions.--Section 62 of such Code is amended by adding at +the end the following new subsection: + ``(f) Definitions Relating to Qualified Charitable Contributions.-- +For purposes of subsection (a)(22)-- + ``(1) Eligible individual.--The term `eligible individual' + means any individual who does not elect to itemize deductions. + ``(2) Qualified charitable contributions.--The term `qualified + charitable contribution' means a charitable contribution (as + defined in section 170(c))-- + ``(A) which is made in cash, + ``(B) for which a deduction is allowable under section 170 + (determined without regard to subsection (b) thereof), and + ``(C) which is-- + ``(i) made to an organization described in section + 170(b)(1)(A), and + ``(ii) not-- + + ``(I) to an organization described in section + 509(a)(3), or + ``(II) for the establishment of a new, or + maintenance of an existing, donor advised fund (as + defined in section 4966(d)(2)). + + Such term shall not include any amount which is treated as + a charitable contribution made in such taxable year by + reason of subsection (b)(1)(G)(ii) or (d)(1) of section + 170.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2019. +SEC. 2205. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS +DURING 2020. + (a) Temporary Suspension of Limitations on Certain Cash +Contributions.-- + (1) In general.--Except as otherwise provided in paragraph (2), + qualified contributions shall be disregarded in applying + subsections (b) and (d) of section 170 of the Internal Revenue Code + of 1986. + (2) Treatment of excess contributions.--For purposes of section + 170 of the Internal Revenue Code of 1986-- + (A) Individuals.--In the case of an individual-- + (i) Limitation.--Any qualified contribution shall be + allowed as a deduction only to the extent that the + aggregate of such contributions does not exceed the excess + of the taxpayer's contribution base (as defined in + subparagraph (H) of section 170(b)(1) of such Code) over + the amount of all other charitable contributions allowed + under section 170(b)(1) of such Code. + (ii) Carryover.--If the aggregate amount of qualified + contributions made in the contribution year (within the + meaning of section 170(d)(1) of such Code) exceeds the + limitation of clause (i), such excess shall be added to the + excess described in section 170(b)(1)(G)(ii). + (B) Corporations.--In the case of a corporation-- + (i) Limitation.--Any qualified contribution shall be + allowed as a deduction only to the extent that the + aggregate of such contributions does not exceed the excess + of 25 percent of the taxpayer's taxable income (as + determined under paragraph (2) of section 170(b) of such + Code) over the amount of all other charitable contributions + allowed under such paragraph. + (ii) Carryover.--If the aggregate amount of qualified + contributions made in the contribution year (within the + meaning of section 170(d)(2) of such Code) exceeds the + limitation of clause (i), such excess shall be + appropriately taken into account under section 170(d)(2) + subject to the limitations thereof. + (3) Qualified contributions.-- + (A) In general.--For purposes of this subsection, the term + ``qualified contribution'' means any charitable contribution + (as defined in section 170(c) of the Internal Revenue Code of + 1986) if-- + (i) such contribution is paid in cash during calendar + year 2020 to an organization described in section + 170(b)(1)(A) of such Code, and + (ii) the taxpayer has elected the application of this + section with respect to such contribution. + (B) Exception.--Such term shall not include a contribution + by a donor if the contribution is-- + (i) to an organization described in section 509(a)(3) + of the Internal Revenue Code of 1986, or + (ii) for the establishment of a new, or maintenance of + an existing, donor advised fund (as defined in section + 4966(d)(2) of such Code). + (C) Application of election to partnerships and s + corporations.--In the case of a partnership or S corporation, + the election under subparagraph (A)(ii) shall be made + separately by each partner or shareholder. + (b) Increase in Limits on Contributions of Food Inventory.--In the +case of any charitable contribution of food during 2020 to which +section 170(e)(3)(C) of the Internal Revenue Code of 1986 applies, +subclauses (I) and (II) of clause (ii) thereof shall each be applied by +substituting ``25 percent'' for ``15 percent.'' + (c) Effective Date.--This section shall apply to taxable years +ending after December 31, 2019. +SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT LOANS. + (a) In General.--Paragraph (1) of section 127(c) of the Internal +Revenue Code of 1986 is amended by striking ``and'' at the end of +subparagraph (A), by redesignating subparagraph (B) as subparagraph +(C), and by inserting after subparagraph (A) the following new +subparagraph: + ``(B) in the case of payments made before January 1, 2021, + the payment by an employer, whether paid to the employee or to + a lender, of principal or interest on any qualified education + loan (as defined in section 221(d)(1)) incurred by the employee + for education of the employee, and''. + (b) Conforming Amendment; Denial of Double Benefit.--The first +sentence of paragraph (1) of section 221(e) of the Internal Revenue +Code of 1986 is amended by inserting before the period the following: +``, or for which an exclusion is allowable under section 127 to the +taxpayer by reason of the payment by the taxpayer's employer of any +indebtedness on a qualified education loan of the taxpayer''. + (c) Effective Date.--The amendments made by this section shall +apply to payments made after the date of the enactment of this Act. + + Subtitle C--Business Provisions + +SEC. 2301. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT TO CLOSURE +DUE TO COVID-19. + (a) In General.--In the case of an eligible employer, there shall +be allowed as a credit against applicable employment taxes for each +calendar quarter an amount equal to 50 percent of the qualified wages +with respect to each employee of such employer for such calendar +quarter. + (b) Limitations and Refundability.-- + (1) Wages taken into account.--The amount of qualified wages + with respect to any employee which may be taken into account under + subsection (a) by the eligible employer for all calendar quarters + shall not exceed $10,000. + (2) Credit limited to employment taxes.--The credit allowed by + subsection (a) with respect to any calendar quarter shall not + exceed the applicable employment taxes (reduced by any credits + allowed under subsections (e) and (f) of section 3111 of the + Internal Revenue Code of 1986 and sections 7001 and 7003 of the + Families First Coronavirus Response Act) on the wages paid with + respect to the employment of all the employees of the eligible + employer for such calendar quarter. + (3) Refundability of excess credit.-- + (A) In general.--If the amount of the credit under + subsection (a) exceeds the limitation of paragraph (2) for any + calendar quarter, such excess shall be treated as an + overpayment that shall be refunded under sections 6402(a) and + 6413(b) of the Internal Revenue Code of 1986. + (B) Treatment of payments.--For purposes of section 1324 of + title 31, United States Code, any amounts due to the employer + under this paragraph shall be treated in the same manner as a + refund due from a credit provision referred to in subsection + (b)(2) of such section. + (c) Definitions.--For purposes of this section-- + (1) Applicable employment taxes.--The term ``applicable + employment taxes'' means the following: + (A) The taxes imposed under section 3111(a) of the Internal + Revenue Code of 1986. + (B) So much of the taxes imposed under section 3221(a) of + such Code as are attributable to the rate in effect under + section 3111(a) of such Code. + (2) Eligible employer.-- + (A) In general.--The term ``eligible employer'' means any + employer-- + (i) which was carrying on a trade or business during + calendar year 2020, and + (ii) with respect to any calendar quarter, for which-- + + (I) the operation of the trade or business + described in clause (i) is fully or partially suspended + during the calendar quarter due to orders from an + appropriate governmental authority limiting commerce, + travel, or group meetings (for commercial, social, + religious, or other purposes) due to the coronavirus + disease 2019 (COVID-19), or + (II) such calendar quarter is within the period + described in subparagraph (B). + + (B) Significant decline in gross receipts.--The period + described in this subparagraph is the period-- + (i) beginning with the first calendar quarter beginning + after December 31, 2019, for which gross receipts (within + the meaning of section 448(c) of the Internal Revenue Code + of 1986) for the calendar quarter are less than 50 percent + of gross receipts for the same calendar quarter in the + prior year, and + (ii) ending with the calendar quarter following the + first calendar quarter beginning after a calendar quarter + described in clause (i) for which gross receipts of such + employer are greater than 80 percent of gross receipts for + the same calendar quarter in the prior year. + (C) Tax-exempt organizations.--In the case of an + organization which is described in section 501(c) of the + Internal Revenue Code of 1986 and exempt from tax under section + 501(a) of such Code, clauses (i) and (ii)(I) of subparagraph + (A) shall apply to all operations of such organization. + (3) Qualified wages.-- + (A) In general.--The term ``qualified wages'' means-- + (i) in the case of an eligible employer for which the + average number of full-time employees (within the meaning + of section 4980H of the Internal Revenue Code of 1986) + employed by such eligible employer during 2019 was greater + than 100, wages paid by such eligible employer with respect + to which an employee is not providing services due to + circumstances described in subclause (I) or (II) of + paragraph (2)(A)(ii), or + (ii) in the case of an eligible employer for which the + average number of full-time employees (within the meaning + of section 4980H of the Internal Revenue Code of 1986) + employed by such eligible employer during 2019 was not + greater than 100-- + + (I) with respect to an eligible employer described + in subclause (I) of paragraph (2)(A)(ii), wages paid by + such eligible employer with respect to an employee + during any period described in such clause, or + (II) with respect to an eligible employer described + in subclause (II) of such paragraph, wages paid by such + eligible employer with respect to an employee during + such quarter. + + Such term shall not include any wages taken into account under + section 7001 or section 7003 of the Families First Coronavirus + Response Act. + (B) Limitation.--Qualified wages paid or incurred by an + eligible employer described in subparagraph (A)(i) with respect + to an employee for any period described in such subparagraph + may not exceed the amount such employee would have been paid + for working an equivalent duration during the 30 days + immediately preceding such period. + (C) Allowance for certain health plan expenses.-- + (i) In general.--The term ``qualified wages'' shall + include so much of the eligible employer's qualified health + plan expenses as are properly allocable to such wages. + (ii) Qualified health plan expenses.--For purposes of + this paragraph, the term ``qualified health plan expenses'' + means amounts paid or incurred by the eligible employer to + provide and maintain a group health plan (as defined in + section 5000(b)(1) of the Internal Revenue Code of 1986), + but only to the extent that such amounts are excluded from + the gross income of employees by reason of section 106(a) + of such Code. + (iii) Allocation rules.--For purposes of this + paragraph, qualified health plan expenses shall be + allocated to qualified wages in such manner as the + Secretary may prescribe. Except as otherwise provided by + the Secretary, such allocation shall be treated as properly + made if made on the basis of being pro rata among employees + and pro rata on the basis of periods of coverage (relative + to the periods to which such wages relate). + (4) Secretary.--The term ``Secretary'' means the Secretary of + the Treasury or the Secretary's delegate. + (5) Wages.--The term ``wages'' means wages (as defined in + section 3121(a) of the Internal Revenue Code of 1986) and + compensation (as defined in section 3231(e) of such Code). + (6) Other terms.--Any term used in this section which is also + used in chapter 21 or 22 of the Internal Revenue Code of 1986 shall + have the same meaning as when used in such chapter. + (d) Aggregation Rule.--All persons treated as a single employer +under subsection (a) or (b) of section 52 of the Internal Revenue Code +of 1986, or subsection (m) or (o) of section 414 of such Code, shall be +treated as one employer for purposes of this section. + (e) Certain Rules to Apply.--For purposes of this section, rules +similar to the rules of sections 51(i)(1) and 280C(a) of the Internal +Revenue Code of 1986 shall apply. + (f) Certain Governmental Employers.--This credit shall not apply to +the Government of the United States, the government of any State or +political subdivision thereof, or any agency or instrumentality of any +of the foregoing. + (g) Election Not to Have Section Apply.--This section shall not +apply with respect to any eligible employer for any calendar quarter if +such employer elects (at such time and in such manner as the Secretary +may prescribe) not to have this section apply. + (h) Special Rules.-- + (1) Employee not taken into account more than once.--An + employee shall not be included for purposes of this section for any + period with respect to any employer if such employer is allowed a + credit under section 51 of the Internal Revenue Code of 1986 with + respect to such employee for such period. + (2) Denial of double benefit.--Any wages taken into account in + determining the credit allowed under this section shall not be + taken into account for purposes of determining the credit allowed + under section 45S of such Code. + (3) Third party payors.--Any credit allowed under this section + shall be treated as a credit described in section 3511(d)(2) of + such Code. + (i) Transfers to Federal Old-Age and Survivors Insurance Trust +Fund.--There are hereby appropriated to the Federal Old-Age and +Survivors Insurance Trust Fund and the Federal Disability Insurance +Trust Fund established under section 201 of the Social Security Act (42 +U.S.C. 401) and the Social Security Equivalent Benefit Account +established under section 15A(a) of the Railroad Retirement Act of 1974 +(45 U.S.C. 14 231n-1(a)) amounts equal to the reduction in revenues to +the Treasury by reason of this section (without regard to this +subsection). Amounts appropriated by the preceding sentence shall be +transferred from the general fund at such times and in such manner as +to replicate to the extent possible the transfers which would have +occurred to such Trust Fund or Account had this section not been +enacted. + (j) Rule for Employers Taking Small Business Interruption Loan.--If +an eligible employer receives a covered loan under paragraph (36) of +section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by +section 1102 of this Act, such employer shall not be eligible for the +credit under this section. + (k) Treatment of Deposits.--The Secretary shall waive any penalty +under section 6656 of the Internal Revenue Code of 1986 for any failure +to make a deposit of any applicable employment taxes if the Secretary +determines that such failure was due to the reasonable anticipation of +the credit allowed under this section. + (l) Regulations and Guidance.--The Secretary shall issue such +forms, instructions, regulations, and guidance as are necessary-- + (1) to allow the advance payment of the credit under subsection + (a), subject to the limitations provided in this section, based on + such information as the Secretary shall require, + (2) to provide for the reconciliation of such advance payment + with the amount advanced at the time of filing the return of tax + for the applicable calendar quarter or taxable year, + (3) to provide for the recapture of the credit under this + section if such credit is allowed to a taxpayer which receives a + loan described in subsection (j) during a subsequent quarter, + (4) with respect to the application of the credit under + subsection (a) to third party payors (including professional + employer organizations, certified professional employer + organizations, or agents under section 3504 of the Internal Revenue + Code of 1986), including regulations or guidance allowing such + payors to submit documentation necessary to substantiate the + eligible employer status of employers that use such payors, and + (5) for application of subparagraphs (A)(ii)(II) and (B) of + subsection (c)(2) in the case of any employer which was not + carrying on a trade or business for all or part of the same + calendar quarter in the prior year. + (m) Application.--This section shall only apply to wages paid after +March 12, 2020, and before January 1, 2021. +SEC. 2302. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES. + (a) In General.-- + (1) Taxes.--Notwithstanding any other provision of law, the + payment for applicable employment taxes for the payroll tax + deferral period shall not be due before the applicable date. + (2) Deposits.--Notwithstanding section 6302 of the Internal + Revenue Code of 1986, an employer shall be treated as having timely + made all deposits of applicable employment taxes that are required + to be made (without regard to this section) for such taxes during + the payroll tax deferral period if all such deposits are made not + later than the applicable date. + (3) Exception.--This subsection shall not apply to any taxpayer + if such taxpayer has had indebtedness forgiven under section 1106 + of this Act with respect to a loan under paragraph (36) of section + 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by + section 1102 of this Act, or indebtedness forgiven under section + 1109 of this Act. + (b) SECA.-- + (1) In general.--Notwithstanding any other provision of law, + the payment for 50 percent of the taxes imposed under section + 1401(a) of the Internal Revenue Code of 1986 for the payroll tax + deferral period shall not be due before the applicable date. + (2) Estimated taxes.--For purposes of applying section 6654 of + the Internal Revenue Code of 1986 to any taxable year which + includes any part of the payroll tax deferral period, 50 percent of + the taxes imposed under section 1401(a) of such Code for the + payroll tax deferral period shall not be treated as taxes to which + such section 6654 applies. + (c) Liability of Third Parties.-- + (1) Acts to be performed by agents.--For purposes of section + 3504 of the Internal Revenue Code of 1986, in the case of any + person designated pursuant to such section (and any regulations or + other guidance issued by the Secretary with respect to such + section) to perform acts otherwise required to be performed by an + employer under such Code, if such employer directs such person to + defer payment of any applicable employment taxes during the payroll + tax deferral period under this section, such employer shall be + solely liable for the payment of such applicable employment taxes + before the applicable date for any wages paid by such person on + behalf of such employer during such period. + (2) Certified professional employer organizations.--For + purposes of section 3511, in the case of a certified professional + employer organization (as defined in subsection (a) of section 7705 + of the Internal Revenue Code of 1986) that has entered into a + service contract described in subsection (e)(2) of such section + with a customer, if such customer directs such organization to + defer payment of any applicable employment taxes during the payroll + tax deferral period under this section, such customer shall, + notwithstanding subsections (a) and (c) of section 3511, be solely + liable for the payment of such applicable employment taxes before + the applicable date for any wages paid by such organization to any + work site employee performing services for such customer during + such period. + (d) Definitions.--For purposes of this section-- + (1) Applicable employment taxes.--The term ``applicable + employment taxes'' means the following: + (A) The taxes imposed under section 3111(a) of the Internal + Revenue Code of 1986. + (B) So much of the taxes imposed under section 3211(a) of + such Code as are attributable to the rate in effect under + section 3111(a) of such Code. + (C) So much of the taxes imposed under section 3221(a) of + such Code as are attributable to the rate in effect under + section 3111(a) of such Code. + (2) Payroll tax deferral period.--The term ``payroll tax + deferral period'' means the period beginning on the date of the + enactment of this Act and ending before January 1, 2021. + (3) Applicable date.--The term ``applicable date'' means-- + (A) December 31, 2021, with respect to 50 percent of the + amounts to which subsection (a) or (b), as the case may be, + apply, and + (B) December 31, 2022, with respect to the remaining such + amounts. + (4) Secretary.--The term ``Secretary'' means the Secretary of + the Treasury (or the Secretary's delegate). + (e) Trust Funds Held Harmless.--There are hereby appropriated (out +of any money in the Treasury not otherwise appropriated) for each +fiscal year to the Federal Old-Age and Survivors Insurance Trust Fund +and the Federal Disability Insurance Trust Fund established under +section 201 of the Social Security Act (42 U.S.C. 401) and the Social +Security Equivalent Benefit Account established under section 15A(a) of +the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) an amount +equal to the reduction in the transfers to such fund for such fiscal +year by reason of this section. Amounts appropriated by the preceding +sentence shall be transferred from the general fund at such times and +in such manner as to replicate to the extent possible the transfers +which would have occurred to such Trust Fund had such amendments not +been enacted. + (f) Regulatory Authority.--The Secretary shall issue such +regulations or other guidance as necessary to carry out the purposes of +this section, including rules for the administration and enforcement of +subsection (c). +SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES. + (a) Temporary Repeal of Taxable Income Limitation.-- + (1) In general.--The first sentence of section 172(a) of the + Internal Revenue Code of 1986 is amended by striking ``an amount + equal to'' and all that follows and inserting ``an amount equal + to-- + ``(1) in the case of a taxable year beginning before January 1, + 2021, the aggregate of the net operating loss carryovers to such + year, plus the net operating loss carrybacks to such year, and + ``(2) in the case of a taxable year beginning after December + 31, 2020, the sum of-- + ``(A) the aggregate amount of net operating losses arising + in taxable years beginning before January 1, 2018, carried to + such taxable year, plus + ``(B) the lesser of-- + ``(i) the aggregate amount of net operating losses + arising in taxable years beginning after December 31, 2017, + carried to such taxable year, or + ``(ii) 80 percent of the excess (if any) of-- + + ``(I) taxable income computed without regard to the + deductions under this section and sections 199A and + 250, over + ``(II) the amount determined under subparagraph + (A).''. + + (2) Conforming amendments.-- + (A) Section 172(b)(2)(C) of such Code is amended to read as + follows: + ``(C) for taxable years beginning after December 31, 2020, + be reduced by 20 percent of the excess (if any) described in + subsection (a)(2)(B)(ii) for such taxable year.''. + (B) Section 172(d)(6)(C) of such Code is amended by + striking ``subsection (a)(2)'' and inserting ``subsection + (a)(2)(B)(ii)(I)''. + (C) Section 860E(a)(3)(B) of such Code is amended by + striking all that follows ``for purposes of'' and inserting + ``subsection (a)(2)(B)(ii)(I) and the second sentence of + subsection (b)(2) of section 172.''. + (b) Modifications of Rules Relating to Carrybacks.-- + (1) In general.--Section 172(b)(1) of the Internal Revenue Code + of 1986 is amended by adding at the end the following new + subparagraph: + ``(D) Special rule for losses arising in 2018, 2019, and + 2020.-- + ``(i) In general.--In the case of any net operating + loss arising in a taxable year beginning after December 31, + 2017, and before January 1, 2021-- + + ``(I) such loss shall be a net operating loss + carryback to each of the 5 taxable years preceding the + taxable year of such loss, and + ``(II) subparagraphs (B) and (C)(i) shall not + apply. + + ``(ii) Special rules for reits.--For purposes of this + subparagraph-- + + ``(I) In general.--A net operating loss for a REIT + year shall not be a net operating loss carryback to any + taxable year preceding the taxable year of such loss. + ``(II) Special rule.--In the case of any net + operating loss for a taxable year which is not a REIT + year, such loss shall not be carried to any preceding + taxable year which is a REIT year. + ``(III) REIT year.--For purposes of this + subparagraph, the term `REIT year' means any taxable + year for which the provisions of part II of subchapter + M (relating to real estate investment trusts) apply to + the taxpayer. + + ``(iii) Special rule for life insurance companies.-- In + the case of a life insurance company, if a net operating + loss is carried pursuant to clause (i)(I) to a life + insurance company taxable year beginning before January 1, + 2018, such net operating loss carryback shall be treated in + the same manner as an operations loss carryback (within the + meaning of section 810 as in effect before its repeal) of + such company to such taxable year. + ``(iv) Rule relating to carrybacks to years to which + section 965 applies.--If a net operating loss of a taxpayer + is carried pursuant to clause (i)(I) to any taxable year in + which an amount is includible in gross income by reason of + section 965(a), the taxpayer shall be treated as having + made the election under section 965(n) with respect to each + such taxable year. + ``(v) Special rules for elections under paragraph + (3).-- + + ``(I) Special election to exclude section 965 + years.-- If the 5-year carryback period under clause + (i)(I) with respect to any net operating loss of a + taxpayer includes 1 or more taxable years in which an + amount is includible in gross income by reason of + section 965(a), the taxpayer may, in lieu of the + election otherwise available under paragraph (3), elect + under such paragraph to exclude all such taxable years + from such carryback period. + ``(II) Time of elections.--An election under + paragraph (3) (including an election described in + subclause (I)) with respect to a net operating loss + arising in a taxable year beginning in 2018 or 2019 + shall be made by the due date (including extensions of + time) for filing the taxpayer's return for the first + taxable year ending after the date of the enactment of + this subparagraph.''. + + (2) Conforming amendment.--Section 172(b)(1)(A) of such Code, + as amended by subsection (c)(2), is amended by striking ``and + (C)(i)'' and inserting ``, (C)(i), and (D)''. + (c) Technical Amendment Relating to Section 13302 of Public Law +115-97.-- + (1) Section 13302(e) of Public Law 115-97 is amended to read as + follows: + ``(e) Effective Dates.-- + ``(1) Net operating loss limitation.--The amendments made by + subsections (a) and (d)(2) shall apply to-- + ``(A) taxable years beginning after December 31, 2017, and + ``(B) taxable years beginning on or before such date to + which net operating losses arising in taxable years beginning + after such date are carried. + ``(2) Carryovers and carrybacks.--The amendments made by + subsections (b), (c), and (d)(1) shall apply to net operating + losses arising in taxable years beginning after December 31, + 2017.''. + (2) Section 172(b)(1)(A) of the Internal Revenue Code of 1986 + is amended to read as follows: + ``(A) General rule.--A net operating loss for any taxable + year-- + ``(i) shall be a net operating loss carryback to the + extent provided in subparagraphs (B) and (C)(i), and + ``(ii) except as provided in subparagraph (C)(ii), + shall be a net operating loss carryover-- + + ``(I) in the case of a net operating loss arising + in a taxable year beginning before January 1, 2018, to + each of the 20 taxable years following the taxable year + of the loss, and + ``(II) in the case of a net operating loss arising + in a taxable year beginning after December 31, 2017, to + each taxable year following the taxable year of the + loss.''. + + (d) Effective Dates.-- + (1) Net operating loss limitation.--The amendments made by + subsection (a) shall apply-- + (A) to taxable years beginning after December 31, 2017, and + (B) to taxable years beginning on or before December 31, + 2017, to which net operating losses arising in taxable years + beginning after December 31, 2017, are carried. + (2) Carryovers and carrybacks.--The amendment made by + subsection (b) shall apply to-- + (A) net operating losses arising in taxable years beginning + after December 31, 2017, and + (B) taxable years beginning before, on, or after such date + to which such net operating losses are carried. + (3) Technical amendments.--The amendments made by subsection + (c) shall take effect as if included in the provisions of Public + Law 115-97 to which they relate. + (4) Special rule.--In the case of a net operating loss arising + in a taxable year beginning before January 1, 2018, and ending + after December 31, 2017-- + (A) an application under section 6411(a) of the Internal + Revenue Code of 1986 with respect to the carryback of such net + operating loss shall not fail to be treated as timely filed if + filed not later than the date which is 120 days after the date + of the enactment of this Act, and + (B) an election to-- + (i) forgo any carryback of such net operating loss, + (ii) reduce any period to which such net operating loss + may be carried back, or + (iii) revoke any election made under section 172(b) to + forgo any carryback of such net operating loss, + shall not fail to be treated as timely made if made not later + than the date which is 120 days after the date of the enactment + of this Act. +SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS OTHER +THAN CORPORATIONS. + (a) In General.--Section 461(l)(1) of the Internal Revenue Code of +1986 is amended to read as follows: + ``(1) Limitation.--In the case of a taxpayer other than a + corporation-- + ``(A) for any taxable year beginning after December 31, + 2017, and before January 1, 2026, subsection (j) (relating to + limitation on excess farm losses of certain taxpayers) shall + not apply, and + ``(B) for any taxable year beginning after December 31, + 2020, and before January 1, 2026, any excess business loss of + the taxpayer for the taxable year shall not be allowed.''. + (b) Technical Amendments Relating to Section 11012 of Public Law +115-97.-- + (1) Section 461(l)(2) of the Internal Revenue Code of 1986 is + amended by striking ``a net operating loss carryover to the + following taxable year under section 172'' and inserting ``a net + operating loss for the taxable year for purposes of determining any + net operating loss carryover under section 172(b) for subsequent + taxable years''. + (2) Section 461(l)(3)(A) of such Code is amended-- + (A) in clause (i), by inserting ``and without regard to any + deduction allowable under section 172 or 199A'' after ``under + paragraph (1)'', and + (B) by adding at the end the following flush sentence: + ``Such excess shall be determined without regard to any deductions, + gross income, or gains attributable to any trade or business of + performing services as an employee.''. + (3) Section 461(l)(3) of such Code is amended by redesignating + subparagraph (B) as subparagraph (C) and by inserting after + subparagraph (A) the following new subparagraph: + ``(B) Treatment of capital gains and losses.-- + ``(i) Losses.--Deductions for losses from sales or + exchanges of capital assets shall not be taken into account + under subparagraph (A)(i). + ``(ii) Gains.--The amount of gains from sales or + exchanges of capital assets taken into account under + subparagraph (A)(ii) shall not exceed the lesser of-- + + ``(I) the capital gain net income determined by + taking into account only gains and losses attributable + to a trade or business, or + ``(II) the capital gain net income.''. + + (c) Effective Dates.-- + (1) In general.--The amendments made by subsection (a) shall + apply to taxable years beginning after December 31, 2017. + (2) Technical amendments.--The amendments made by subsection + (b) shall take effect as if included in the provisions of Public + Law 115-97 to which they relate. +SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY +OF CORPORATIONS. + (a) In General.--Section 53(e) of the Internal Revenue Code of 1986 +is amended-- + (1) by striking ``2018, 2019, 2020, or 2021'' in paragraph (1) + and inserting ``2018 or 2019'', and + (2) by striking ``2021'' in paragraph (2) and inserting + ``2019''. + (b) Election to Take Entire Refundable Credit Amount in 2018.-- + (1) In general.--Section 53(e) of such Code is amended by + adding at the end the following new paragraph: + ``(5) Special rule.--In the case of a corporation making an + election under this paragraph-- + ``(A) paragraph (1) shall not apply, and + ``(B) subsection (c) shall not apply to the first taxable + year of such corporation beginning in 2018.''. + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2017. + (d) Special Rule.-- + (1) In general.--For purposes of the Internal Revenue Code of + 1986, a credit or refund for which an application described in + paragraph (2)(A) is filed shall be treated as made under section + 6411 of such Code. + (2) Tentative refund.-- + (A) Application.--A taxpayer may file an application for a + tentative refund of any amount for which a refund is due by + reason of an election under section 53(e)(5) of the Internal + Revenue Code of 1986. Such application shall be in such manner + and form as the Secretary of the Treasury (or the Secretary's + delegate) may prescribe and shall-- + (i) be verified in the same manner as an application + under section 6411(a) of such Code, + (ii) be filed prior to December 31, 2020, and + (iii) set forth-- + + (I) the amount of the refundable credit claimed + under section 53(e) of such Code for such taxable year, + (II) the amount of the refundable credit claimed + under such section for any previously filed return for + such taxable year, and + (III) the amount of the refund claimed. + + (B) Allowance of adjustments.--Within a period of 90 days + from the date on which an application is filed under + subparagraph (A), the Secretary of the Treasury (or the + Secretary's delegate) shall-- + (i) review the application, + (ii) determine the amount of the overpayment, and + (iii) apply, credit, or refund such overpayment, + in a manner similar to the manner provided in section 6411(b) + of the Internal Revenue Code of 1986. + (C) Consolidated returns.--The provisions of section + 6411(c) of the Internal Revenue Code of 1986 Code shall apply + to an adjustment under this paragraph to the same extent and + manner as the Secretary of the Treasury (or the Secretary's + delegate) may provide. +SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST. + (a) In General.--Section 163(j) of the Internal Revenue Code of +1986 is amended by redesignating paragraph (10) as paragraph (11) and +by inserting after paragraph (9) the following new paragraph: + ``(10) Special rule for taxable years beginning in 2019 and + 2020.-- + ``(A) In general.-- + ``(i) In general.--Except as provided in clause (ii) or + (iii), in the case of any taxable year beginning in 2019 or + 2020, paragraph (1)(B) shall be applied by substituting `50 + percent' for `30 percent'. + ``(ii) Special rule for partnerships.--In the case of a + partnership-- + + ``(I) clause (i) shall not apply to any taxable + year beginning in 2019, but + ``(II) unless a partner elects not to have this + subclause apply, in the case of any excess business + interest of the partnership for any taxable year + beginning in 2019 which is allocated to the partner + under paragraph (4)(B)(i)(II)-- + + ``(aa) 50 percent of such excess business + interest shall be treated as business interest + which, notwithstanding paragraph (4)(B)(ii), is + paid or accrued by the partner in the partner's + first taxable year beginning in 2020 and which is + not subject to the limits of paragraph (1), and + ``(bb) 50 percent of such excess business + interest shall be subject to the limitations of + paragraph (4)(B)(ii) in the same manner as any + other excess business interest so allocated. + ``(iii) Election out.--A taxpayer may elect, at such + time and in such manner as the Secretary may prescribe, not + to have clause (i) apply to any taxable year. Such an + election, once made, may be revoked only with the consent + of the Secretary. In the case of a partnership, any such + election shall be made by the partnership and may be made + only for taxable years beginning in 2020. + ``(B) Election to use 2019 adjusted taxable income for + taxable years beginning in 2020.-- + ``(i) In general.--Subject to clause (ii), in the case + of any taxable year beginning in 2020, the taxpayer may + elect to apply this subsection by substituting the adjusted + taxable income of the taxpayer for the last taxable year + beginning in 2019 for the adjusted taxable income for such + taxable year. In the case of a partnership, any such + election shall be made by the partnership. + ``(ii) Special rule for short taxable years.--If an + election is made under clause (i) for a taxable year which + is a short taxable year, the adjusted taxable income for + the taxpayer's last taxable year beginning in 2019 which is + substituted under clause (i) shall be equal to the amount + which bears the same ratio to such adjusted taxable income + determined without regard to this clause as the number of + months in the short taxable year bears to 12''. + (b) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2018. +SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALIFIED IMPROVEMENT +PROPERTY. + (a) In General.--Section 168 of the Internal Revenue Code of 1986 +is amended-- + (1) in subsection (e)-- + (A) in paragraph (3)(E), by striking ``and'' at the end of + clause (v), by striking the period at the end of clause (vi) + and inserting ``, and'', and by adding at the end the following + new clause: + ``(vii) any qualified improvement property.'', and + (B) in paragraph (6)(A), by inserting ``made by the + taxpayer'' after ``any improvement'', and + (2) in the table contained in subsection (g)(3)(B)-- + (A) by striking the item relating to subparagraph (D)(v), + and + (B) by inserting after the item relating to subparagraph + (E)(vi) the following new item: + ``(E)(vii)................................................ + 20''. + + (b) Effective Date.--The amendments made by this section shall take +effect as if included in section 13204 of Public Law 115-97. +SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR ALCOHOL USED TO +PRODUCE HAND SANITIZER. + (a) In General.--Section 5214(a) of the Internal Revenue Code of +1986 is amended-- + (1) in paragraph (13), by striking the period at the end and + inserting ``; or'', and + (2) by adding at the end the following new paragraph: + ``(14) with respect to distilled spirits removed after December + 31, 2019, and before January 1, 2021, free of tax for use in or + contained in hand sanitizer produced and distributed in a manner + consistent with any guidance issued by the Food and Drug + Administration that is related to the outbreak of virus SARS-CoV-2 + or coronavirus disease 2019 (COVID-19).''. + (b) Effective Date.--The amendments made by this section shall +apply to distilled spirits removed after December 31, 2019. + (c) Application of Other Laws.--Any distilled spirits or product +described in paragraph (14) of section 5214(a) of the Internal Revenue +Code of 1986 (as added by this section) shall not be subject to any +requirements related to labeling or bulk sales under-- + (1) section 105 or 106 of the Federal Alcohol Administration + Act (27 U.S.C. 205, 206); or + (2) section 204 of the Alcoholic Beverage Labeling Act of 1988 + (27 U.S.C. 215). + +TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST + THE CORONAVIRUS + Subtitle A--Health Provisions + +SEC. 3001. SHORT TITLE. + This subtitle may be cited as the ``Coronavirus Aid, Relief, and +Economic Security Act''. + + PART I--ADDRESSING SUPPLY SHORTAGES + + Subpart A--Medical Product Supplies + +SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA'S MEDICAL PRODUCT +SUPPLY CHAIN SECURITY. + (a) In General.--Not later than 60 days after the date of enactment +of this Act, the Secretary of Health and Human Services shall enter +into an agreement with the National Academies of Sciences, Engineering, +and Medicine (referred to in this section as the ``National +Academies'') to examine, and, in a manner that does not compromise +national security, report on, the security of the United States medical +product supply chain. + (b) Purposes.--The report developed under this section shall-- + (1) assess and evaluate the dependence of the United States, + including the private commercial sector, States, and the Federal + Government, on critical drugs and devices that are sourced or + manufactured outside of the United States, which may include an + analysis of-- + (A) the supply chain of critical drugs and devices of + greatest priority to providing health care; + (B) any potential public health security or national + security risks associated with reliance on critical drugs and + devices sourced or manufactured outside of the United States, + which may include responses to previous or existing shortages + or public health emergencies, such as infectious disease + outbreaks, bioterror attacks, and other public health threats; + (C) any existing supply chain information gaps, as + applicable; and + (D) potential economic impact of increased domestic + manufacturing; and + (2) provide recommendations, which may include a plan to + improve the resiliency of the supply chain for critical drugs and + devices as described in paragraph (1), and to address any supply + vulnerabilities or potential disruptions of such products that + would significantly affect or pose a threat to public health + security or national security, as appropriate, which may include + strategies to-- + (A) promote supply chain redundancy and contingency + planning; + (B) encourage domestic manufacturing, including + consideration of economic impacts, if any; + (C) improve supply chain information gaps; + (D) improve planning considerations for medical product + supply chain capacity during public health emergencies; and + (E) promote the accessibility of such drugs and devices. + (c) Input.--In conducting the study and developing the report under +subsection (b), the National Academies shall-- + (1) consider input from the Department of Health and Human + Services, the Department of Homeland Security, the Department of + Defense, the Department of Commerce, the Department of State, the + Department of Veterans Affairs, the Department of Justice, and any + other Federal agencies as appropriate; and + (2) consult with relevant stakeholders, which may include + conducting public meetings and other forms of engagement, as + appropriate, with health care providers, medical professional + societies, State-based societies, public health experts, State and + local public health departments, State medical boards, patient + groups, medical product manufacturers, health care distributors, + wholesalers and group purchasing organizations, pharmacists, and + other entities with experience in health care and public health, as + appropriate. + (d) Definitions.--In this section, the terms ``device'' and +``drug'' have the meanings given such terms in section 201 of the +Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). +SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO INCLUDE +CERTAIN TYPES OF MEDICAL SUPPLIES. + Section 319F-2(a)(1) of the Public Health Service Act (42 U.S.C. +247d-6b(a)(1)) is amended by inserting ``(including personal protective +equipment, ancillary medical supplies, and other applicable supplies +required for the administration of drugs, vaccines and other biological +products, medical devices, and diagnostic tests in the stockpile)'' +after ``other supplies''. +SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS COVERED +COUNTERMEASURES. + Section 319F-3(i)(1)(D) of the Public Health Service Act (42 U.S.C. +247d-6d(i)(1)(D)) is amended to read as follows: + ``(D) a respiratory protective device that is approved by + the National Institute for Occupational Safety and Health under + part 84 of title 42, Code of Federal Regulations (or any + successor regulations), and that the Secretary determines to be + a priority for use during a public health emergency declared + under section 319.''. + + Subpart B--Mitigating Emergency Drug Shortages + +SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; INCENTIVES. + Section 506C(g) of the Federal Food, Drug, and Cosmetic Act (21 +U.S.C. 356c(g)) is amended-- + (1) in paragraph (1), by striking ``the Secretary may'' and + inserting ``the Secretary shall, as appropriate''; + (2) in paragraph (1), by inserting ``prioritize and'' before + ``expedite the review''; and + (3) in paragraph (2), by inserting ``prioritize and'' before + ``expedite an inspection''. +SEC. 3112. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS IN RESPONSE +TO DRUG SHORTAGES. + (a) Expansion To Include Active Pharmaceutical Ingredients.-- +Subsection (a) of section 506C of the Federal Food, Drug, and Cosmetic +Act (21 U.S.C. 356c) is amended-- + (1) in paragraph (1)(C), by inserting ``or any such drug that + is critical to the public health during a public health emergency + declared by the Secretary under section 319 of the Public Health + Service Act'' after ``during surgery''; and + (2) in the flush text at the end-- + (A) by inserting ``, or a permanent discontinuance in the + manufacture of an active pharmaceutical ingredient or an + interruption in the manufacture of the active pharmaceutical + ingredient of such drug that is likely to lead to a meaningful + disruption in the supply of the active pharmaceutical + ingredient of such drug,'' before ``and the reasons''; and + (B) by adding at the end the following: ``Notification + under this subsection shall include disclosure of reasons for + the discontinuation or interruption, and if applicable, an + active pharmaceutical ingredient is a reason for, or risk + factor in, such discontinuation or interruption, the source of + the active pharmaceutical ingredient and any alternative + sources for the active pharmaceutical ingredient known by the + manufacturer; whether any associated device used for + preparation or administration included in the drug is a reason + for, or a risk factor in, such discontinuation or interruption; + the expected duration of the interruption; and such other + information as the Secretary may require.''. + (b) Risk Management.--Section 506C of the Federal Food, Drug, and +Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the +following: + ``(j) Risk Management Plans.--Each manufacturer of a drug described +in subsection (a) or of any active pharmaceutical ingredient or any +associated medical device used for preparation or administration +included in the drug, shall develop, maintain, and implement, as +appropriate, a redundancy risk management plan that identifies and +evaluates risks to the supply of the drug, as applicable, for each +establishment in which such drug or active pharmaceutical ingredient of +such drug is manufactured. A risk management plan under this section +shall be subject to inspection and copying by the Secretary pursuant to +an inspection or a request under section 704(a)(4).''. + (c) Annual Notification.--Section 506E of the Federal Food, Drug, +and Cosmetic Act (21 U.S.C. 356e) is amended by adding at the end the +following: + ``(d) Interagency Notification.--Not later than 180 days after the +date of enactment of this subsection, and every 90 days thereafter, the +Secretary shall transmit a report regarding the drugs of the current +drug shortage list under this section to the Administrator of the +Centers for Medicare & Medicaid Services.''. + (d) Reporting After Inspections.--Section 704(b) of the Federal +Food, Drug, and Cosmetic Act (21 U.S.C. 374(b)) is amended-- + (1) by redesignating paragraphs (1) and (2) and subparagraphs + (A) and (B); + (2) by striking ``(b) Upon completion'' and inserting ``(b)(1) + Upon completion''; and + (3) by adding at the end the following: + ``(2) In carrying out this subsection with respect to any +establishment manufacturing a drug approved under subsection (c) or (j) +of section 505 for which a notification has been submitted in +accordance with section 506C is, or has been in the last 5 years, +listed on the drug shortage list under section 506E, or that is +described in section 505(j)(11)(A), a copy of the report shall be sent +promptly to the appropriate offices of the Food and Drug Administration +with expertise regarding drug shortages.''. + (e) Reporting Requirement.--Section 510(j) of the Federal Food, +Drug, Cosmetic Act (21 U.S.C. 360(j)) is amended-- + (1) by redesignating paragraphs (3) and (4) as paragraphs (4) + and (5), respectively; and + (2) by inserting after paragraph (2) the following: + ``(3)(A) Each person who registers with the Secretary under + this section with regard to a drug shall report annually to the + Secretary on the amount of each drug listed under paragraph (1) + that was manufactured, prepared, propagated, compounded, or + processed by such person for commercial distribution. Such + information may be required to be submitted in an electronic format + as determined by the Secretary. The Secretary may require that + information required to be reported under this paragraph be + submitted at the time a public health emergency is declared by the + Secretary under section 319 of the Public Health Service Act. + ``(B) By order of the Secretary, certain biological products or + categories of biological products regulated under section 351 of + the Public Health Service Act may be exempt from some or all of the + reporting requirements under subparagraph (A), if the Secretary + determines that applying such reporting requirements to such + biological products or categories of biological products is not + necessary to protect the public health.''. + (f) Confidentiality.--Nothing in the amendments made by this +section shall be construed as authorizing the Secretary to disclose any +information that is a trade secret or confidential information subject +to section 552(b)(4) of title 5, United States Code, or section 1905 of +title 18, United States Code. + (g) Effective Date.--The amendments made by this section and +section 3111 shall take effect on the date that is 180 days after the +date of enactment of this Act. + + Subpart C--Preventing Medical Device Shortages + +SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF MEDICAL +DEVICES. + Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. +351 et seq.) is amended by inserting after section 506I the following: +``SEC. 506J. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF +MEDICAL DEVICES. + ``(a) In General.--A manufacturer of a device that-- + ``(1) is critical to public health during a public health + emergency, including devices that are life-supporting, life- + sustaining, or intended for use in emergency medical care or during + surgery; or + ``(2) for which the Secretary determines that information on + potential meaningful supply disruptions of such device is needed + during, or in advance of, a public health emergency; +shall, during, or in advance of, a public health emergency declared by +the Secretary under section 319 of the Public Health Service Act, +notify the Secretary, in accordance with subsection (b), of a permanent +discontinuance in the manufacture of the device (except for +discontinuances as a result of an approved modification of the device) +or an interruption of the manufacture of the device that is likely to +lead to a meaningful disruption in the supply of that device in the +United States, and the reasons for such discontinuance or interruption. + ``(b) Timing.--A notice required under subsection (a) shall be +submitted to the Secretary-- + ``(1) at least 6 months prior to the date of the discontinuance + or interruption; or + ``(2) if compliance with paragraph (1) is not possible, as soon + as practicable. + ``(c) Distribution.-- + ``(1) Public availability.--To the maximum extent practicable, + subject to paragraph (2), the Secretary shall distribute, through + such means as the Secretary determines appropriate, information on + the discontinuance or interruption of the manufacture of devices + reported under subsection (a) to appropriate organizations, + including physician, health provider, patient organizations, and + supply chain partners, as appropriate and applicable, as described + in subsection (g). + ``(2) Public health exception.--The Secretary may choose not to + make information collected under this section publicly available + pursuant to this section if the Secretary determines that + disclosure of such information would adversely affect the public + health, such as by increasing the possibility of unnecessary over + purchase of product, component parts, or other disruption of the + availability of medical products to patients. + ``(d) Confidentiality.--Nothing in this section shall be construed +as authorizing the Secretary to disclose any information that is a +trade secret or confidential information subject to section 552(b)(4) +of title 5, United States Code, or section 1905 of title 18, United +States Code. + ``(e) Failure To Meet Requirements.--If a person fails to submit +information required under subsection (a) in accordance with subsection +(b)-- + ``(1) the Secretary shall issue a letter to such person + informing such person of such failure; + ``(2) not later than 30 calendar days after the issuance of a + letter under paragraph (1), the person who receives such letter + shall submit to the Secretary a written response to such letter + setting forth the basis for noncompliance and providing information + required under subsection (a); and + ``(3) not later than 45 calendar days after the issuance of a + letter under paragraph (1), the Secretary shall make such letter + and any response to such letter under paragraph (2) available to + the public on the internet website of the Food and Drug + Administration, with appropriate redactions made to protect + information described in subsection (d), except that, if the + Secretary determines that the letter under paragraph (1) was issued + in error or, after review of such response, the person had a + reasonable basis for not notifying as required under subsection + (a), the requirements of this paragraph shall not apply. + ``(f) Expedited Inspections and Reviews.--If, based on +notifications described in subsection (a) or any other relevant +information, the Secretary concludes that there is, or is likely to be, +a shortage of an device, the Secretary shall, as appropriate-- + ``(1) prioritize and expedite the review of a submission under + section 513(f)(2), 515, review of a notification under section + 510(k), or 520(m) for a device that could help mitigate or prevent + such shortage; or + ``(2) prioritize and expedite an inspection or reinspection of + an establishment that could help mitigate or prevent such shortage. + ``(g) Device Shortage List.-- + ``(1) Establishment.--The Secretary shall establish and + maintain an up-to-date list of devices that are determined by the + Secretary to be in shortage in the United States. + ``(2) Contents.--For each device included on the list under + paragraph (1), the Secretary shall include the following + information: + ``(A) The category or name of the device in shortage. + ``(B) The name of each manufacturer of such device. + ``(C) The reason for the shortage, as determined by the + Secretary, selecting from the following categories: + ``(i) Requirements related to complying with good + manufacturing practices. + ``(ii) Regulatory delay. + ``(iii) Shortage or discontinuance of a component or + part. + ``(iv) Discontinuance of the manufacture of the device. + ``(v) Delay in shipping of the device. + ``(vi) Delay in sterilization of the device. + ``(vii) Demand increase for the device. + ``(viii) Facility closure. + ``(D) The estimated duration of the shortage as determined + by the Secretary. + ``(3) Public availability.-- + ``(A) In general.--Subject to subparagraphs (B) and (C), + the Secretary shall make the information in the list under + paragraph (1) publicly available. + ``(B) Trade secrets and confidential information.--Nothing + in this subsection shall be construed to alter or amend section + 1905 of title 18, United States Code, or section 552(b)(4) of + title 5 of such Code. + ``(C) Public health exception.--The Secretary may elect not + to make information collected under this subsection publicly + available if the Secretary determines that disclosure of such + information would adversely affect the public health (such as + by increasing the possibility of hoarding or other disruption + of the availability of the device to patients). + ``(h) Rule of Construction.--Nothing in this section shall be +construed to affect the authority of the Secretary on the date of +enactment of this section to expedite the review of devices under +section 515 of the Federal Food, Drug, and Cosmetic Act, section 515B +of such Act relating to the priority review program for devices, and +section 564 of such Act relating to the emergency use authorization +authorities. + ``(i) Definitions.--In this section: + ``(1) Meaningful disruption.--The term `meaningful + disruption'-- + ``(A) means a change in production that is reasonably + likely to lead to a reduction in the supply of a device by a + manufacturer that is more than negligible and affects the + ability of the manufacturer to fill orders or meet expected + demand for its product; + ``(B) does not include interruptions in manufacturing due + to matters such as routine maintenance or insignificant changes + in manufacturing so long as the manufacturer expects to resume + operations in a short period of time, not to exceed 6 months; + ``(C) does not include interruptions in manufacturing of + components or raw materials so long as such interruptions do + not result in a shortage of the device and the manufacturer + expects to resume operations in a reasonable period of time; + and + ``(D) does not include interruptions in manufacturing that + do not lead to a reduction in procedures or diagnostic tests + associated with a medical device designed to perform more than + one procedure or diagnostic test. + ``(2) Shortage.--The term `shortage', with respect to a device, + means a period of time when the demand or projected demand for the + device within the United States exceeds the supply of the + device.''. + + PART II--ACCESS TO HEALTH CARE FOR COVID-19 PATIENTS + + Subpart A--Coverage of Testing and Preventive Services + +SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID-19. + Paragraph (1) of section 6001(a) of division F of the Families +First Coronavirus Response Act (Public Law 116-127) is amended to read +as follows: + ``(1) An in vitro diagnostic test defined in section 809.3 of + title 21, Code of Federal Regulations (or successor regulations) + for the detection of SARS-CoV-2 or the diagnosis of the virus that + causes COVID-19, and the administration of such a test, that-- + ``(A) is approved, cleared, or authorized under section + 510(k), 513, 515, or 564 of the Federal Food, Drug, and + Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3); + ``(B) the developer has requested, or intends to request, + emergency use authorization under section 564 of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), unless and + until the emergency use authorization request under such + section 564 has been denied or the developer of such test does + not submit a request under such section within a reasonable + timeframe; + ``(C) is developed in and authorized by a State that has + notified the Secretary of Health and Human Services of its + intention to review tests intended to diagnose COVID-19; or + ``(D) other test that the Secretary determines appropriate + in guidance.''. +SEC. 3202. PRICING OF DIAGNOSTIC TESTING. + (a) Reimbursement Rates.--A group health plan or a health insurance +issuer providing coverage of items and services described in section +6001(a) of division F of the Families First Coronavirus Response Act +(Public Law 116-127) with respect to an enrollee shall reimburse the +provider of the diagnostic testing as follows: + (1) If the health plan or issuer has a negotiated rate with + such provider in effect before the public health emergency declared + under section 319 of the Public Health Service Act (42 U.S.C. + 247d), such negotiated rate shall apply throughout the period of + such declaration. + (2) If the health plan or issuer does not have a negotiated + rate with such provider, such plan or issuer shall reimburse the + provider in an amount that equals the cash price for such service + as listed by the provider on a public internet website, or such + plan or issuer may negotiate a rate with such provider for less + than such cash price. + (b) Requirement to Publicize Cash Price for Diagnostic Testing for +COVID-19.-- + (1) In general.--During the emergency period declared under + section 319 of the Public Health Service Act (42 U.S.C. 247d), each + provider of a diagnostic test for COVID-19 shall make public the + cash price for such test on a public internet website of such + provider. + (2) Civil monetary penalties.--The Secretary of Health and + Human Services may impose a civil monetary penalty on any provider + of a diagnostic test for COVID-19 that is not in compliance with + paragraph (1) and has not completed a corrective action plan to + comply with the requirements of such paragraph, in an amount not to + exceed $300 per day that the violation is ongoing. +SEC. 3203. RAPID COVERAGE OF PREVENTIVE SERVICES AND VACCINES FOR +CORONAVIRUS. + (a) In General.--Notwithstanding 2713(b) of the Public Health +Service Act (42 U.S.C. 300gg-13), the Secretary of Health and Human +Services, the Secretary of Labor, and the Secretary of the Treasury +shall require group health plans and health insurance issuers offering +group or individual health insurance to cover (without cost-sharing) +any qualifying coronavirus preventive service, pursuant to section +2713(a) of the Public Health Service Act (42 U.S.C. 300gg-13(a)) +(including the regulations under sections 2590.715-2713 of title 29, +Code of Federal Regulations, section 54.9815-2713 of title 26, Code of +Federal Regulations, and section 147.130 of title 45, Code of Federal +Regulations (or any successor regulations)). The requirement described +in this subsection shall take effect with respect to a qualifying +coronavirus preventive service on the specified date described in +subsection (b)(2). + (b) Definitions.--For purposes of this section: + (1) Qualifying coronavirus preventive service.--The term + ``qualifying coronavirus preventive service'' means an item, + service, or immunization that is intended to prevent or mitigate + coronavirus disease 2019 and that is-- + (A) an evidence-based item or service that has in effect a + rating of ``A'' or ``B'' in the current recommendations of the + United States Preventive Services Task Force; or + (B) an immunization that has in effect a recommendation + from the Advisory Committee on Immunization Practices of the + Centers for Disease Control and Prevention with respect to the + individual involved. + (2) Specified date.--The term ``specified date'' means the date + that is 15 business days after the date on which a recommendation + is made relating to the qualifying coronavirus preventive service + as described in such paragraph. + (3) Additional terms.--In this section, the terms ``group + health plan'', ``health insurance issuer'', ``group health + insurance coverage'', and ``individual health insurance coverage'' + have the meanings given such terms in section 2791 of the Public + Health Service Act (42 U.S.C. 300gg-91), section 733 of the + Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b), + and section 9832 of the Internal Revenue Code, as applicable. + + Subpart B--Support for Health Care Providers + +SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS. + (a) Supplemental Awards.--Section 330(r) of the Public Health +Service Act (42 U.S.C. 254b(r)) is amended by adding at the end the +following: + ``(6) Additional amounts for supplemental awards.--In addition + to any amounts made available pursuant to this subsection, section + 402A of this Act, or section 10503 of the Patient Protection and + Affordable Care Act, there is authorized to be appropriated, and + there is appropriated, out of any monies in the Treasury not + otherwise appropriated, $1,320,000,000 for fiscal year 2020 for + supplemental awards under subsection (d) for the detection of SARS- + CoV-2 or the prevention, diagnosis, and treatment of COVID-19.''. + (b) Application of Provisions.--Amounts appropriated pursuant to +the amendment made by subsection (a) for fiscal year 2020 shall be +subject to the requirements contained in Public Law 116-94 for funds +for programs authorized under sections 330 through 340 of the Public +Health Service Act (42 U.S.C. 254 through 256). +SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT +PROGRAMS. + Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) +is amended-- + (1) in subsection (d)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph (A), by + striking ``projects to demonstrate how telehealth + technologies can be used through telehealth networks'' and + inserting ``evidence-based projects that utilize telehealth + technologies through telehealth networks''; + (ii) in subparagraph (A)-- + + (I) by striking ``the quality of'' and inserting + ``access to, and the quality of,''; and + (II) by inserting ``and'' after the semicolon; + + (iii) by striking subparagraph (B); + (iv) by redesignating subparagraph (C) as subparagraph + (B); and + (v) in subparagraph (B), as so redesignated, by + striking ``and patients and their families, for + decisionmaking'' and inserting ``, patients, and their + families''; and + (B) in paragraph (2)-- + (i) by striking ``demonstrate how telehealth + technologies can be used'' and inserting ``support + initiatives that utilize telehealth technologies''; and + (ii) by striking ``, to establish telehealth resource + centers''; + (2) in subsection (e), by striking ``4 years'' and inserting + ``5 years''; + (3) in subsection (f)-- + (A) by striking paragraph (2); + (B) in paragraph (1)(B)-- + (i) by redesignating clauses (i) through (iii) as + paragraphs (1) through (3), respectively, and adjusting the + margins accordingly; + (ii) in paragraph (3), as so redesignated by clause + (i), by redesignating subclauses (I) through (XII) as + subparagraphs (A) through (L), respectively, and adjusting + the margins accordingly; and + (iii) by striking ``(1) Telehealth network grants--'' + and all that follows through ``(B) Telehealth networks--''; + and + (C) in paragraph (3)(I), as so redesignated, by inserting + ``and substance use disorder'' after ``mental health'' each + place such term appears; + (4) in subsection (g)(2), by striking ``or improve'' and + inserting ``and improve''; + (5) by striking subsection (h); + (6) by redesignating subsections (i) through (p) as subsection + (h) through (o), respectively; + (7) in subsection (h), as so redesignated-- + (A) in paragraph (1)-- + (i) in subparagraph (B), by striking ``mental health, + public health, long-term care, home care, preventive'' and + inserting ``mental health care, public health services, + long-term care, home care, preventive care''; + (ii) in subparagraph (E), by inserting ``and regional'' + after ``local''; and + (iii) by striking subparagraph (F); and + (B) in paragraph (2)(A), by striking ``medically + underserved areas or'' and inserting ``rural areas, medically + underserved areas, or''; + (8) in paragraph (2) of subsection (i), as so redesignated, by + striking ``ensure that--'' and all that follows through the end of + subparagraph (B) and inserting ``ensure that not less than 50 + percent of the funds awarded shall be awarded for projects in rural + areas.''; + (9) in subsection (j), as so redesignated-- + (A) in paragraph (1)(B), by striking ``computer hardware + and software, audio and video equipment, computer network + equipment, interactive equipment, data terminal equipment, and + other''; and + (B) in paragraph (2)(F), by striking ``health care + providers and''; + (10) in subsection (k), as so redesignated-- + (A) in paragraph (2), by striking ``40 percent'' and + inserting ``20 percent''; and + (B) in paragraph (3), by striking ``(such as laying cable + or telephone lines, or purchasing or installing microwave + towers, satellite dishes, amplifiers, or digital switching + equipment)''; + (11) by striking subsections (q) and (r) and inserting the + following: + ``(p) Report.--Not later than 4 years after the date of enactment +of the Coronavirus Aid, Relief, and Economic Security Act, and every 5 +years thereafter, the Secretary shall prepare and submit to the +Committee on Health, Education, Labor, and Pensions of the Senate and +the Committee on Energy and Commerce of the House of Representatives a +report on the activities and outcomes of the grant programs under +subsection (b).''; + (12) by redesignating subsection (s) as subsection (q); and + (13) in subsection (q), as so redesignated, by striking ``this + section--'' and all that follows through the end of paragraph (2) + and inserting ``this section $29,000,000 for each of fiscal years + 2021 through 2025.''. +SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH NETWORK +DEVELOPMENT, AND SMALL HEALTH CARE PROVIDER QUALITY IMPROVEMENT GRANT +PROGRAMS. + Section 330A of the Public Health Service Act (42 U.S.C. 254c) is +amended-- + (1) in subsection (d)(2)-- + (A) in subparagraph (A), by striking ``essential'' and + inserting ``basic''; and + (B) in subparagraph (B)-- + (i) in the matter preceding clause (i), by inserting + ``to'' after ``grants''; and + (ii) in clauses (i), (ii), and (iii), by striking + ``to'' each place such term appears; + (2) in subsection (e)-- + (A) in paragraph (1)-- + (i) by inserting ``improving and'' after ``outreach + by''; + (ii) by inserting ``, through community engagement and + evidence-based or innovative, evidence-informed models'' + before the period of the first sentence; and + (iii) by striking ``3 years'' and inserting ``5 + years''; + (B) in paragraph (2)-- + (i) in the matter preceding subparagraph (A), by + inserting ``shall'' after ``entity''; + (ii) in subparagraph (A), by striking ``shall be a + rural public or rural nonprofit private entity'' and + inserting ``be an entity with demonstrated experience + serving, or the capacity to serve, rural underserved + populations''; + (iii) in subparagraphs (B) and (C), by striking + ``shall'' each place such term appears; and + (iv) in subparagraph (B)-- + + (I) in the matter preceding clause (i), by + inserting ``that'' after ``members''; and + (II) in clauses (i) and (ii), by striking ``that'' + each place such term appears; and + + (C) in paragraph (3)(C), by striking ``the local community + or region'' and inserting ``the rural underserved populations + in the local community or region''; + (3) in subsection (f)-- + (A) in paragraph (1)-- + (i) in subparagraph (A)-- + + (I) in the matter preceding clause (i), by striking + ``promote, through planning and implementation, the + development of integrated health care networks that + have combined the functions of the entities + participating in the networks'' and inserting ``plan, + develop, and implement integrated health care networks + that collaborate''; and + (II) in clause (ii), by striking ``essential health + care services'' and inserting ``basic health care + services and associated health outcomes''; and + + (ii) by amending subparagraph (B) to read as follows: + ``(B) Grant periods.--The Director may award grants under + this subsection for periods of not more than 5 years.''; + (B) in paragraph (2)-- + (i) in the matter preceding subparagraph (A), by + inserting ``shall'' after ``entity''; + (ii) in subparagraph (A), by striking ``shall be a + rural public or rural nonprofit private entity'' and + inserting ``be an entity with demonstrated experience + serving, or the capacity to serve, rural underserved + populations''; + (iii) in subparagraph (B)-- + + (I) in the matter preceding clause (i)-- + + (aa) by striking ``shall''; and + (bb) by inserting ``that'' after + ``participants''; and + + (II) in clauses (i) and (ii), by striking ``that'' + each place such term appears; and + + (iv) in subparagraph (C), by striking ``shall''; and + (C) in paragraph (3)-- + (i) by amending clause (iii) of subparagraph (C) to + read as follows: + ``(iii) how the rural underserved populations in the + local community or region to be served will benefit from + and be involved in the development and ongoing operations + of the network;''; and + (ii) in subparagraph (D), by striking ``the local + community or region'' and inserting ``the rural underserved + populations in the local community or region''; + (4) in subsection (g)-- + (A) in paragraph (1)-- + (i) by inserting ``, including activities related to + increasing care coordination, enhancing chronic disease + management, and improving patient health outcomes'' before + the period of the first sentence; and + (ii) by striking ``3 years'' and inserting ``5 years''; + (B) in paragraph (2)-- + (i) in the matter preceding subparagraph (A), by + inserting ``shall'' after ``entity''; + (ii) in subparagraphs (A) and (B), by striking + ``shall'' each place such term appears; and + (iii) in subparagraph (A)(ii), by inserting ``or + regional'' after ``local''; and + (C) in paragraph (3)(D), by striking ``the local community + or region'' and inserting ``the rural underserved populations + in the local community or region''; + (5) in subsection (h)(3), in the matter preceding subparagraph + (A), by inserting ``, as appropriate,'' after ``the Secretary''; + (6) by amending subsection (i) to read as follows: + ``(i) Report.--Not later than 4 years after the date of enactment +of the Coronavirus Aid, Relief, and Economic Security Act, and every 5 +years thereafter, the Secretary shall prepare and submit to the +Committee on Health, Education, Labor, and Pensions of the Senate and +the Committee on Energy and Commerce of the House of Representatives a +report on the activities and outcomes of the grant programs under +subsections (e), (f), and (g), including the impact of projects funded +under such programs on the health status of rural residents with +chronic conditions.''; and + (7) in subsection (j), by striking ``$45,000,000 for each of + fiscal years 2008 through 2012'' and inserting ``$79,500,000 for + each of fiscal years 2021 through 2025''. +SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION. + (a) Commissioned Corps and Ready Reserve Corps.--Section 203 of the +Public Health Service Act (42 U.S.C. 204) is amended-- + (1) in subsection (a)(1), by striking ``a Ready Reserve Corps + for service in time of national emergency'' and inserting ``, for + service in time of a public health or national emergency, a Ready + Reserve Corps''; and + (2) in subsection (c)-- + (A) in the heading, by striking ``Research'' and inserting + ``Reserve Corps''; + (B) in paragraph (1), by inserting ``during public health + or national emergencies'' before the period; + (C) in paragraph (2)-- + (i) in the matter preceding subparagraph (A), by + inserting ``, consistent with paragraph (1)'' after + ``shall''; + (ii) in subparagraph (C), by inserting ``during such + emergencies'' after ``members''; and + (iii) in subparagraph (D), by inserting ``, consistent + with subparagraph (C)'' before the period; and + (D) by adding at the end the following: + ``(3) Statutory references to reserve.--A reference in any + Federal statute, except in the case of subsection (b), to the + `Reserve Corps' of the Public Health Service or to the `reserve' of + the Public Health Service shall be deemed to be a reference to the + Ready Reserve Corps.''. + (b) Deployment Readiness.--Section 203A(a)(1)(B) of the Public +Health Service Act (42 U.S.C. 204a(a)(1)(B)) is amended by striking +``Active Reserves'' and inserting ``Ready Reserve Corps''. + (c) Retirement of Commissioned Officers.--Section 211 of the Public +Health Service Act (42 U.S.C. 212) is amended-- + (1) by striking ``the Service'' each place it appears and + inserting ``the Regular Corps''; + (2) in subsection (a)(4), by striking ``(in the case of an + officer in the Reserve Corps)''; + (3) in subsection (c)-- + (A) in paragraph (1)-- + (i) by striking ``or an officer of the Reserve Corps''; + and + (ii) by inserting ``or under section 221(a)(19)'' after + ``subsection (a)''; and + (B) in paragraph (2), by striking ``Regular or Reserve + Corps'' and inserting ``Regular Corps or Ready Reserve Corps''; + and + (4) in subsection (f), by striking ``the Regular or Reserve + Corps of''. + (d) Rights, Privileges, etc. of Officers and Surviving +Beneficiaries.--Section 221 of the Public Health Service Act (42 U.S.C. +213a) is amended-- + (1) in subsection (a), by adding at the end the following: + ``(19) Chapter 1223, Retired Pay for Non-Regular Service. + ``(20) Section 12601, Compensation: Reserve on active duty + accepting from any person. + ``(21) Section 12684, Reserves: separation for absence without + authority or sentence to imprisonment.''; and + (2) in subsection (b)-- + (A) by striking ``Secretary of Health, Education, and + Welfare or his designee'' and inserting ``Secretary of Health + and Human Services or the designee of such secretary''; + (B) by striking ``(b) The authority vested'' and inserting + the following: + ``(b)(1) The authority vested''; + (C) by striking ``For purposes of'' and inserting the + following: + ``(2) For purposes of''; and + (D) by adding at the end the following: + ``(3) For purposes of paragraph (19) of subsection (a), the terms +`Military department', `Secretary concerned', and `Armed forces' in +such title 10 shall be deemed to include, respectively, the Department +of Health and Human Services, the Secretary of Health and Human +Services, and the Commissioned Corps.''. + (e) Technical Amendments.--Title II of the Public Health Service +Act (42 U.S.C. 202 et seq.) is amended-- + (1) in sections 204 and 207(c), by striking ``Regular or + Reserve Corps'' each place it appears and inserting ``Regular Corps + or Ready Reserve Corps''; + (2) in section 208(a), by striking ``Regular and Reserve + Corps'' each place it appears and inserting ``Regular Corps and + Ready Reserve Corps''; and + (3) in section 205(c), 206(c), 210, and 219, and in subsections + (a), (b), and (d) of section 207, by striking ``Reserve Corps'' + each place it appears and inserting ``Ready Reserve Corps''. +SEC. 3215. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE +PROFESSIONALS DURING COVID-19 EMERGENCY RESPONSE. + (a) Limitation on Liability.--Except as provided in subsection (b), +a health care professional shall not be liable under Federal or State +law for any harm caused by an act or omission of the professional in +the provision of health care services during the public health +emergency with respect to COVID-19 declared by the Secretary of Health +and Human Services (referred to in this section as the ``Secretary'') +under section 319 of the Public Health Service Act (42 U.S.C. 247d) on +January 31, 2020, if-- + (1) the professional is providing health care services in + response to such public health emergency, as a volunteer; and + (2) the act or omission occurs-- + (A) in the course of providing health care services; + (B) in the health care professional's capacity as a + volunteer; + (C) in the course of providing health care services that-- + (i) are within the scope of the license, registration, + or certification of the volunteer, as defined by the State + of licensure, registration, or certification; and + (ii) do not exceed the scope of license, registration, + or certification of a substantially similar health + professional in the State in which such act or omission + occurs; and + (D) in a good faith belief that the individual being + treated is in need of health care services. + (b) Exceptions.--Subsection (a) does not apply if-- + (1) the harm was caused by an act or omission constituting + willful or criminal misconduct, gross negligence, reckless + misconduct, or a conscious flagrant indifference to the rights or + safety of the individual harmed by the health care professional; or + (2) the health care professional rendered the health care + services under the influence (as determined pursuant to applicable + State law) of alcohol or an intoxicating drug. + (c) Preemption.-- + (1) In general.--This section preempts the laws of a State or + any political subdivision of a State to the extent that such laws + are inconsistent with this section, unless such laws provide + greater protection from liability. + (2) Volunteer protection act.--Protections afforded by this + section are in addition to those provided by the Volunteer + Protection Act of 1997 (Public Law 105-19). + (d) Definitions.--In this section-- + (1) the term ``harm'' includes physical, nonphysical, economic, + and noneconomic losses; + (2) the term ``health care professional'' means an individual + who is licensed, registered, or certified under Federal or State + law to provide health care services; + (3) the term ``health care services'' means any services + provided by a health care professional, or by any individual + working under the supervision of a health care professional that + relate to-- + (A) the diagnosis, prevention, or treatment of COVID-19; or + (B) the assessment or care of the health of a human being + related to an actual or suspected case of COVID-19; and + (4) the term ``volunteer'' means a health care professional + who, with respect to the health care services rendered, does not + receive compensation or any other thing of value in lieu of + compensation, which compensation-- + (A) includes a payment under any insurance policy or health + plan, or under any Federal or State health benefits program; + and + (B) excludes-- + (i) receipt of items to be used exclusively for + rendering health care services in the health care + professional's capacity as a volunteer described in + subsection (a)(1); and + (ii) any reimbursement for travel to the site where the + volunteer services are rendered and any payments in cash or + kind to cover room and board, if services are being + rendered more than 75 miles from the volunteer's principal + place of residence. + (e) Effective Date.--This section shall take effect upon the date +of enactment of this Act, and applies to a claim for harm only if the +act or omission that caused such harm occurred on or after the date of +enactment. + (f) Sunset.--This section shall be in effect only for the length of +the public health emergency declared by the Secretary of Health and +Human Services (referred to in this section as the ``Secretary'') under +section 319 of the Public Health Service Act (42 U.S.C. 247d) on +January 31, 2020 with respect to COVID-19. +SEC. 3216. FLEXIBILITY FOR MEMBERS OF NATIONAL HEALTH SERVICE CORPS +DURING EMERGENCY PERIOD. + During the public health emergency declared by the Secretary of +Health and Human Services under section 319 of the Public Health +Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to +COVID-19, the Secretary may, notwithstanding section 333 of the Public +Health Service Act (42 U.S.C. 254f), assign members of the National +Health Service Corps, with the voluntary agreement of such corps +members, to provide such health services at such places, and for such +number of hours, as the Secretary determines necessary to respond to +such emergency, provided that such places are within a reasonable +distance of the site to which such members were originally assigned, +and the total number of hours required are the same as were required of +such members prior to the date of enactment of this Act. + + Subpart C--Miscellaneous Provisions + +SEC. 3221. CONFIDENTIALITY AND DISCLOSURE OF RECORDS RELATING TO +SUBSTANCE USE DISORDER. + (a) Conforming Changes Relating to Substance Use Disorder.-- +Subsections (a) and (h) of section 543 of the Public Health Service Act +(42 U.S.C. 290dd-2) are each amended by striking ``substance abuse'' +and inserting ``substance use disorder''. + (b) Disclosures to Covered Entities Consistent With HIPAA.-- +Paragraph (1) of section 543(b) of the Public Health Service Act (42 +U.S.C. 290dd-2(b)) is amended to read as follows: + ``(1) Consent.--The following shall apply with respect to the + contents of any record referred to in subsection (a): + ``(A) Such contents may be used or disclosed in accordance + with the prior written consent of the patient with respect to + whom such record is maintained. + ``(B) Once prior written consent of the patient has been + obtained, such contents may be used or disclosed by a covered + entity, business associate, or a program subject to this + section for purposes of treatment, payment, and health care + operations as permitted by the HIPAA regulations. Any + information so disclosed may then be redisclosed in accordance + with the HIPAA regulations. Section 13405(c) of the Health + Information Technology and Clinical Health Act (42 U.S.C. + 17935(c)) shall apply to all disclosures pursuant to subsection + (b)(1) of this section. + ``(C) It shall be permissible for a patient's prior written + consent to be given once for all such future uses or + disclosures for purposes of treatment, payment, and health care + operations, until such time as the patient revokes such consent + in writing. + ``(D) Section 13405(a) of the Health Information Technology + and Clinical Health Act (42 U.S.C. 17935(a)) shall apply to all + disclosures pursuant to subsection (b)(1) of this section.''. + (c) Disclosures of De-Identified Health Information to Public +Health Authorities.--Paragraph (2) of section 543(b) of the Public +Health Service Act (42 U.S.C. 290dd-2(b)), is amended by adding at the +end the following: + ``(D) To a public health authority, so long as such content + meets the standards established in section 164.514(b) of title + 45, Code of Federal Regulations (or successor regulations) for + creating de-identified information.''. + (d) Definitions.--Section 543 of the Public Health Service Act (42 +U.S.C. 290dd-2) is amended by adding at the end the following: + ``(k) Definitions.--For purposes of this section: + ``(1) Breach.--The term `breach' has the meaning given such + term for purposes of the HIPAA regulations. + ``(2) Business associate.--The term `business associate' has + the meaning given such term for purposes of the HIPAA regulations. + ``(3) Covered entity.--The term `covered entity' has the + meaning given such term for purposes of the HIPAA regulations. + ``(4) Health care operations.--The term `health care + operations' has the meaning given such term for purposes of the + HIPAA regulations. + ``(5) HIPAA regulations.--The term `HIPAA regulations' has the + meaning given such term for purposes of parts 160 and 164 of title + 45, Code of Federal Regulations. + ``(6) Payment.--The term `payment' has the meaning given such + term for purposes of the HIPAA regulations. + ``(7) Public health authority.--The term `public health + authority' has the meaning given such term for purposes of the + HIPAA regulations. + ``(8) Treatment.--The term `treatment' has the meaning given + such term for purposes of the HIPAA regulations. + ``(9) Unsecured protected health information.--The term + `unprotected health information' has the meaning given such term + for purposes of the HIPAA regulations.''. + (e) Use of Records in Criminal, Civil, or Administrative +Investigations, Actions, or Proceedings.--Subsection (c) of section 543 +of the Public Health Service Act (42 U.S.C. 290dd-2(c)) is amended to +read as follows: + ``(c) Use of Records in Criminal, Civil, or Administrative +Contexts.--Except as otherwise authorized by a court order under +subsection (b)(2)(C) or by the consent of the patient, a record +referred to in subsection (a), or testimony relaying the information +contained therein, may not be disclosed or used in any civil, criminal, +administrative, or legislative proceedings conducted by any Federal, +State, or local authority, against a patient, including with respect to +the following activities: + ``(1) Such record or testimony shall not be entered into + evidence in any criminal prosecution or civil action before a + Federal or State court. + ``(2) Such record or testimony shall not form part of the + record for decision or otherwise be taken into account in any + proceeding before a Federal, State, or local agency. + ``(3) Such record or testimony shall not be used by any + Federal, State, or local agency for a law enforcement purpose or to + conduct any law enforcement investigation. + ``(4) Such record or testimony shall not be used in any + application for a warrant.''. + (f) Penalties.--Subsection (f) of section 543 of the Public Health +Service Act (42 U.S.C. 290dd-2) is amended to read as follows: + ``(f) Penalties.--The provisions of sections 1176 and 1177 of the +Social Security Act shall apply to a violation of this section to the +extent and in the same manner as such provisions apply to a violation +of part C of title XI of such Act. In applying the previous sentence-- + ``(1) the reference to `this subsection' in subsection (a)(2) + of such section 1176 shall be treated as a reference to `this + subsection (including as applied pursuant to section 543(f) of the + Public Health Service Act)'; and + ``(2) in subsection (b) of such section 1176-- + ``(A) each reference to `a penalty imposed under subsection + (a)' shall be treated as a reference to `a penalty imposed + under subsection (a) (including as applied pursuant to section + 543(f) of the Public Health Service Act)'; and + ``(B) each reference to `no damages obtained under + subsection (d)' shall be treated as a reference to `no damages + obtained under subsection (d) (including as applied pursuant to + section 543(f) of the Public Health Service Act)'.''. + (g) Antidiscrimination.--Section 543 of the Public Health Service +Act (42 U.S.C. 290dd-2) is amended by inserting after subsection (h) +the following: + ``(i) Antidiscrimination.-- + ``(1) In general.--No entity shall discriminate against an + individual on the basis of information received by such entity + pursuant to an inadvertent or intentional disclosure of records, or + information contained in records, described in subsection (a) in-- + ``(A) admission, access to, or treatment for health care; + ``(B) hiring, firing, or terms of employment, or receipt of + worker's compensation; + ``(C) the sale, rental, or continued rental of housing; + ``(D) access to Federal, State, or local courts; or + ``(E) access to, approval of, or maintenance of social + services and benefits provided or funded by Federal, State, or + local governments. + ``(2) Recipients of federal funds.--No recipient of Federal + funds shall discriminate against an individual on the basis of + information received by such recipient pursuant to an intentional + or inadvertent disclosure of such records or information contained + in records described in subsection (a) in affording access to the + services provided with such funds.''. + (h) Notification in Case of Breach.--Section 543 of the Public +Health Service Act (42 U.S.C. 290dd-2), as amended by subsection (g), +is further amended by inserting after subsection (i) the following: + ``(j) Notification in Case of Breach.--The provisions of section +13402 of the HITECH Act (42 U.S.C. 17932) shall apply to a program or +activity described in subsection (a), in case of a breach of records +described in subsection (a), to the same extent and in the same manner +as such provisions apply to a covered entity in the case of a breach of +unsecured protected health information.''. + (i) Regulations.-- + (1) In general.--The Secretary of Health and Human Services, in + consultation with appropriate Federal agencies, shall make such + revisions to regulations as may be necessary for implementing and + enforcing the amendments made by this section, such that such + amendments shall apply with respect to uses and disclosures of + information occurring on or after the date that is 12 months after + the date of enactment of this Act. + (2) Easily understandable notice of privacy practices.--Not + later than 1 year after the date of enactment of this Act, the + Secretary of Health and Human Services, in consultation with + appropriate legal, clinical, privacy, and civil rights experts, + shall update section 164.520 of title 45, Code of Federal + Regulations, so that covered entities and entities creating or + maintaining the records described in subsection (a) provide notice, + written in plain language, of privacy practices regarding patient + records referred to in section 543(a) of the Public Health Service + Act (42 U.S.C. 290dd-2(a)), including-- + (A) a statement of the patient's rights, including self-pay + patients, with respect to protected health information and a + brief description of how the individual may exercise these + rights (as required by subsection (b)(1)(iv) of such section + 164.520); and + (B) a description of each purpose for which the covered + entity is permitted or required to use or disclose protected + health information without the patient's written authorization + (as required by subsection (b)(2) of such section 164.520). + (j) Rules of Construction.--Nothing in this Act or the amendments +made by this Act shall be construed to limit-- + (1) a patient's right, as described in section 164.522 of title + 45, Code of Federal Regulations, or any successor regulation, to + request a restriction on the use or disclosure of a record referred + to in section 543(a) of the Public Health Service Act (42 U.S.C. + 290dd-2(a)) for purposes of treatment, payment, or health care + operations; or + (2) a covered entity's choice, as described in section 164.506 + of title 45, Code of Federal Regulations, or any successor + regulation, to obtain the consent of the individual to use or + disclose a record referred to in such section 543(a) to carry out + treatment, payment, or health care operation. + (k) Sense of Congress.--It is the sense of the Congress that-- + (1) any person treating a patient through a program or activity + with respect to which the confidentiality requirements of section + 543 of the Public Health Service Act (42 U.S.C. 290dd-2) apply is + encouraged to access the applicable State-based prescription drug + monitoring program when clinically appropriate; + (2) patients have the right to request a restriction on the use + or disclosure of a record referred to in section 543(a) of the + Public Health Service Act (42 U.S.C. 290dd-2(a)) for treatment, + payment, or health care operations; + (3) covered entities should make every reasonable effort to the + extent feasible to comply with a patient's request for a + restriction regarding such use or disclosure; + (4) for purposes of applying section 164.501 of title 45, Code + of Federal Regulations, the definition of health care operations + shall have the meaning given such term in such section, except that + clause (v) of paragraph (6) shall not apply; and + (5) programs creating records referred to in section 543(a) of + the Public Health Service Act (42 U.S.C. 290dd-2(a)) should receive + positive incentives for discussing with their patients the benefits + to consenting to share such records. +SEC. 3222. NUTRITION SERVICES. + (a) Definitions.--In this section, the terms ``Assistant +Secretary'', ``Secretary'', ``State agency'', and ``area agency on +aging'' have the meanings given the terms in section 102 of the Older +Americans Act of 1965 (42 U.S.C. 3002). + (b) Nutrition Services Transfer Criteria.--During any portion of +the COVID-19 public health emergency declared under section 319 of the +Public Health Service Act (42 U.S.C. 247d), the Secretary shall allow a +State agency or an area agency on aging, without prior approval, to +transfer not more than 100 percent of the funds received by the State +agency or area agency on aging, respectively, and attributable to funds +appropriated under paragraph (1) or (2) of section 303(b) of the Older +Americans Act of 1965 (42 U.S.C. 3023(b)), between subpart 1 and +subpart 2 of part C (42 U.S.C. 3030d-2 et seq.) for such use as the +State agency or area agency on aging, respectively, considers +appropriate to meet the needs of the State or area served. + (c) Home-delivered Nutrition Services Waiver.--For purposes of +State agencies' determining the delivery of nutrition services under +section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), +during the period of the COVID-19 public health emergency declared +under section 319 of the Public Health Service Act (42 U.S.C. 247d), +the same meaning shall be given to an individual who is unable to +obtain nutrition because the individual is practicing social distancing +due to the emergency as is given to an individual who is homebound by +reason of illness. + (d) Dietary Guidelines Waiver.--To facilitate implementation of +subparts 1 and 2 of part C of title III of the Older Americans Act of +1965 (42 U.S.C. 3030d-2 et seq.) during any portion of the COVID-19 +public health emergency declared under section 319 of the Public Health +Service Act (42 U.S.C. 247d), the Assistant Secretary may waive the +requirements for meals provided under those subparts to comply with the +requirements of clauses (i) and (ii) of section 339(2)(A) of such Act +(42 U.S.C. 3030g-21(2)(A)). +SEC. 3223. CONTINUITY OF SERVICE AND OPPORTUNITIES FOR PARTICIPANTS IN +COMMUNITY SERVICE ACTIVITIES UNDER TITLE V OF THE OLDER AMERICANS ACT +OF 1965. + To ensure continuity of service and opportunities for participants +in community service activities under title V of the Older Americans +Act of 1965 (42 U.S.C. 3056 et seq.), the Secretary of Labor-- + (1)(A) may allow individuals participating in projects under + such title as of March 1, 2020, to extend their participation for a + period that exceeds the period described in section 518(a)(3)(B)(i) + of such Act (42 U.S.C. 3056p(a)(3)(B)(i)) if the Secretary + determines such extension is appropriate due to the effects of the + COVID-19 public health emergency declared under section 319 of the + Public Health Service Act (42 U.S.C. 247d); and + (B) may increase the average participation cap for eligible + individuals applicable to grantees as described in section + 502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C. + 3056(b)(1)(C)) to a cap the Secretary determines is appropriate due + to the effects of the COVID-19 public health emergency declared + under section 319 of the Public Health Service Act (42 U.S.C. + 247d); and + (2) may increase the amount available to pay the authorized + administrative costs for a project, described in section 502(c)(3) + of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(3)) to an + amount not to exceed 20 percent of the grant amount if the + Secretary determines that such increase is necessary to adequately + respond to the additional administrative needs to respond to the + COVID-19 public health emergency declared under section 319 of the + Public Health Service Act (42 U.S.C. 247d). +SEC. 3224. GUIDANCE ON PROTECTED HEALTH INFORMATION. + Not later than 180 days after the date of enactment of this Act, +the Secretary of Health and Human Services shall issue guidance on the +sharing of patients' protected health information pursuant to section +160.103 of title 45, Code of Federal Regulations (or any successor +regulations) during the public health emergency declared by the +Secretary of Health and Human Services under section 319 of the Public +Health Service Act (42 U.S.C. 247d) with respect to COVID-19, during +the emergency involving Federal primary responsibility determined to +exist by the President under section 501(b) of the Robert T. Stafford +Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with +respect to COVID-19, and during the national emergency declared by the +President under the National Emergencies Act (50 U.S.C. 1601 et seq.) +with respect to COVID-19. Such guidance shall include information on +compliance with the regulations promulgated pursuant to section 264(c) +of the Health Insurance Portability and Accountability Act of 1996 (42 +U.S.C. 1320d-2 note) and applicable policies, including such policies +that may come into effect during such emergencies. +SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM. + Section 330H of the Public Health Service Act (42 U.S.C. 254c-8) is +amended-- + (1) in subsection (a)-- + (A) in paragraph (1), by striking ``, during fiscal year + 2001 and subsequent years,''; and + (B) in paragraph (2), by inserting ``or increasing above + the national average'' after ``areas with high''; + (2) in subsection (b)-- + (A) in paragraph (1), by striking ``consumers of project + services, public health departments, hospitals, health centers + under section 330'' and inserting ``participants and former + participants of project services, public health departments, + hospitals, health centers under section 330, State substance + abuse agencies''; and + (B) in paragraph (2)-- + (i) in subparagraph (A), by striking ``such as low + birthweight'' and inserting ``including poor birth outcomes + (such as low birthweight and preterm birth) and social + determinants of health''; + (ii) by redesignating subparagraph (B) as subparagraph + (C); + (iii) by inserting after subparagraph (A), the + following: + ``(B) Communities with-- + ``(i) high rates of infant mortality or poor perinatal + outcomes; or + ``(ii) high rates of infant mortality or poor perinatal + outcomes in specific subpopulations within the + community.''; and + (iv) in subparagraph (C) (as so redesignated)-- + + (I) by redesignating clauses (i) and (ii) as + clauses (ii) and (iii), respectively; + (II) by inserting before clause (ii) (as so + redesignated) the following: + + ``(i) collaboration with the local community in the + development of the project;''; + + (III) in clause (ii) (as so redesignated), by + striking ``and'' at the end; + (IV) in clause (iii) (as so redesignated), by + striking the period and inserting ``; and''; and + (V) by adding at the end the following: + + ``(iv) the use and collection of data demonstrating the + effectiveness of such program in decreasing infant + mortality rates and improving perinatal outcomes, as + applicable, or the process by which new applicants plan to + collect this data.''; + (3) in subsection (c)-- + (A) by striking ``Recipients of grants'' and inserting the + following: + ``(1) In general.--Recipients of grants''; and + (B) by adding at the end the following: + ``(2) Other programs.--The Secretary shall ensure coordination + of the program carried out pursuant to this section with other + programs and activities related to the reduction of the rate of + infant mortality and improved perinatal and infant health outcomes + supported by the Department.''; + (4) in subsection (e)-- + (A) in paragraph (1), by striking ``appropriated--'' and + all that follows through the end and inserting ``appropriated + $125,500,000 for each of fiscal years 2021 through 2025.''; and + (B) in paragraph (2)(B), by adding at the end the + following: ``Evaluations may also include, to the extent + practicable, information related to-- + ``(i) progress toward achieving any grant metrics or + outcomes related to reducing infant mortality rates, + improving perinatal outcomes, or reducing the disparity in + health status; + ``(ii) recommendations on potential improvements that + may assist with addressing gaps, as applicable and + appropriate; and + ``(iii) the extent to which the grantee coordinated + with the community in which the grantee is located in the + development of the project and delivery of services, + including with respect to technical assistance and + mentorship programs.''; and + (5) by adding at the end the following: + ``(f) GAO Report.-- + ``(1) In general.--Not later than 4 years after the date of the + enactment of this subsection, the Comptroller General of the United + States shall conduct an independent evaluation, and submit to the + appropriate Committees of Congress a report, concerning the Healthy + Start program under this section. + ``(2) Evaluation.--In conducting the evaluation under paragraph + (1), the Comptroller General shall consider, as applicable and + appropriate, information from the evaluations under subsection + (e)(2)(B). + ``(3) Report.--The report described in paragraph (1) shall + review, assess, and provide recommendations, as appropriate, on the + following: + ``(A) The allocation of Healthy Start program grants by the + Health Resources and Services Administration, including + considerations made by such Administration regarding + disparities in infant mortality or perinatal outcomes among + urban and rural areas in making such awards. + ``(B) Trends in the progress made toward meeting the + evaluation criteria pursuant to subsection (e)(2)(B), including + programs which decrease infant mortality rates and improve + perinatal outcomes, programs that have not decreased infant + mortality rates or improved perinatal outcomes, and programs + that have made an impact on disparities in infant mortality or + perinatal outcomes. + ``(C) The ability of grantees to improve health outcomes + for project participants, promote the awareness of the Healthy + Start program services, incorporate and promote family + participation, facilitate coordination with the community in + which the grantee is located, and increase grantee + accountability through quality improvement, performance + monitoring, evaluation, and the effect such metrics may have + toward decreasing the rate of infant mortality and improving + perinatal outcomes. + ``(D) The extent to which such Federal programs are + coordinated across agencies and the identification of + opportunities for improved coordination in such Federal + programs and activities.''. +SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. + (a) In General.--The Secretary of Health and Human Services +(referred to in this section as the ``Secretary'') shall carry out a +national campaign to improve awareness of, and support outreach to the +public and health care providers about the importance and safety of +blood donation and the need for donations for the blood supply during +the public health emergency declared by the Secretary under section 319 +of the Public Health Service Act (42 U.S.C. 247d) with respect to +COVID-19. + (b) Awareness Campaign.--In carrying out subsection (a), the +Secretary may enter into contracts with one or more public or private +nonprofit entities, to establish a national blood donation awareness +campaign that may include television, radio, internet, and newspaper +public service announcements, and other activities to provide for +public and professional awareness and education. + (c) Consultation.--In carrying out subsection (a), the Secretary +shall consult with the Commissioner of Food and Drugs, the Assistant +Secretary for Health, the Director of the Centers for Disease Control +and Prevention, the Director of the National Institutes of Health, and +the heads of other relevant Federal agencies, and relevant accrediting +bodies and representative organizations. + (d) Report to Congress.--Not later than 2 years after the date of +enactment of this Act, the Secretary shall submit to the Committee on +Health, Education, Labor, and Pensions of the Senate and the Committee +on Energy and Commerce of the House of Representatives, a report that +shall include-- + (1) a description of the activities carried out under + subsection (a); + (2) a description of trends in blood supply donations; and + (3) an evaluation of the impact of the public awareness + campaign, including any geographic or population variations. + + PART III--INNOVATION + +SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC HEALTH EMERGENCIES. + Section 319L(c)(5)(A) of the Public Health Service Act (42 U.S.C. +247d-7e(c)(5)(A)) is amended-- + (1) by redesignating clause (iii) as clause (iv); and + (2) by inserting after clause (ii) the following: + ``(iii) Authority during a public health emergency.-- + + ``(I) In general.--Notwithstanding clause (ii), the + Secretary, shall, to the maximum extent practicable, + use competitive procedures when entering into + transactions to carry out projects under this + subsection for purposes of a public health emergency + declared by the Secretary under section 319. Any such + transactions entered into during such public health + emergency shall not be terminated solely due to the + expiration of such public health emergency, if such + public health emergency ends before the completion of + the terms of such agreement. + ``(II) Report.--After the expiration of the public + health emergency declared by the Secretary under + section 319, the Secretary shall provide a report to + the Committee on Health, Education, Labor, and Pensions + of the Senate and the Committee on Energy and Commerce + of the House of Representatives regarding the use of + any funds pursuant to the authority under subclause + (I), including any outcomes, benefits, and risks + associated with the use of such funds, and a + description of the reasons for the use of such + authority for the project or projects.''. + +SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS. + Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. +351 et seq.) is amended by inserting after section 512 the following: +``SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS. + ``(a) In General.--The Secretary shall, at the request of the +sponsor intending to submit an application for approval of a new animal +drug under section 512(b)(1) or an application for conditional approval +of a new animal drug under section 571, expedite the development and +review of such new animal drug if preliminary clinical evidence +indicates that the new animal drug, alone or in combination with 1 or +more other animal drugs, has the potential to prevent or treat a +zoonotic disease in animals, including a vector borne-disease, that has +the potential to cause serious adverse health consequences for, or +serious or life-threatening diseases in, humans. + ``(b) Request for Designation.--The sponsor of a new animal drug +may request the Secretary to designate a new animal drug described in +subsection (a) as a priority zoonotic animal drug. A request for the +designation may be made concurrently with, or at any time after, the +opening of an investigational new animal drug file under section 512(j) +or the filing of an application under section 512(b)(1) or 571. + ``(c) Designation.-- + ``(1) In general.--Not later than 60 calendar days after the + receipt of a request under subsection (b), the Secretary shall + determine whether the new animal drug that is the subject of the + request meets the criteria described in subsection (a). If the + Secretary determines that the new animal drug meets the criteria, + the Secretary shall designate the new animal drug as a priority + zoonotic animal drug and shall take such actions as are appropriate + to expedite the development and review of the application for + approval or conditional approval of such new animal drug. + ``(2) Actions.--The actions to expedite the development and + review of an application under paragraph (1) may include, as + appropriate-- + ``(A) taking steps to ensure that the design of clinical + trials is as efficient as practicable, when scientifically + appropriate, such as by utilizing novel trial designs or drug + development tools (including biomarkers) that may reduce the + number of animals needed for studies; + ``(B) providing timely advice to, and interactive + communication with, the sponsor (which may include meetings + with the sponsor and review team) regarding the development of + the new animal drug to ensure that the development program to + gather the nonclinical and clinical data necessary for approval + is as efficient as practicable; + ``(C) involving senior managers and review staff with + experience in zoonotic or vector-borne disease to facilitate + collaborative, cross-disciplinary review, including, as + appropriate, across agency centers; and + ``(D) implementing additional administrative or process + enhancements, as necessary, to facilitate an efficient review + and development program.''. + + PART IV--HEALTH CARE WORKFORCE + +SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS WORKFORCE PROGRAMS. + Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) +is amended-- + (1) in section 736 (42 U.S.C. 293), by striking subsection (i) + and inserting the following: + ``(i) Authorization of Appropriations.--To carry out this section, +there is authorized to be appropriated $23,711,000 for each of fiscal +years 2021 through 2025.''; + (2) in section 740 (42 U.S.C. 293d)-- + (A) in subsection (a), by striking ``$51,000,000 for fiscal + year 2010, and such sums as may be necessary for each of the + fiscal years 2011 through 2014'' and inserting ``$51,470,000 + for each of fiscal years 2021 through 2025''; + (B) in subsection (b), by striking ``$5,000,000 for each of + the fiscal years 2010 through 2014'' and inserting ``$1,190,000 + for each of fiscal years 2021 through 2025''; + (C) in subsection (c), by striking ``$60,000,000 for fiscal + year 2010 and such sums as may be necessary for each of the + fiscal years 2011 through 2014'' and inserting ``$15,000,000 + for each of fiscal years 2021 through 2025''; and + (D) in subsection (d), by striking ``Not Later than 6 + months after the date of enactment of this part, the Secretary + shall prepare and submit to the appropriate committees of + Congress'' and inserting: ``Not later than September 30, 2025, + and every five years thereafter, the Secretary shall prepare + and submit to the Committee on Health, Education, Labor, and + Pensions of the Senate, and the Committee on Energy and + Commerce of the House of Representatives,''; + (3) in section 747 (42 U.S.C. 293k)-- + (A) in subsection (a)-- + (i) in paragraph (1)(G), by striking ``to plan, + develop, and operate a demonstration program that provides + training'' and inserting: ``to plan, develop, and operate a + program that identifies or develops innovative models of + providing care, and trains primary care physicians on such + models and''; and + (ii) by adding at the end the following: + ``(3) Priorities in making awards.--In awarding grants or + contracts under paragraph (1), the Secretary may give priority to + qualified applicants that train residents in rural areas, including + for Tribes or Tribal Organizations in such areas.''; + (B) in subsection (b)(3)(E), by striking ``substance- + related disorders'' and inserting ``substance use disorders''; + and + (C) in subsection (c)(1), by striking ``$125,000,000 for + fiscal year 2010, and such sums as may be necessary for each of + fiscal years 2011 through 2014'' and inserting ``$48,924,000 + for each of fiscal years 2021 through 2025''; + (4) in section 748 (42 U.S.C. 293k-2)-- + (A) in subsection (c)(5), by striking ``substance-related + disorders'' and inserting ``substance use disorders''; and + (B) in subsection (f), by striking ``$30,000,000 for fiscal + year 2010 and such sums as may be necessary for each of fiscal + years 2011 through 2015'' and inserting ``$28,531,000 for each + of fiscal years 2021 through 2025''; + (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), by striking + ``Committee on Labor and Human Resources of the Senate, and the + Committee on Commerce of the House of Representatives'' and + inserting ``Committee on Health, Education, Labor, and Pensions of + the Senate, and the Committee on Energy and Commerce of the House + of Representatives''; + (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by striking + ``$125,000,000 for each of the fiscal years 2010 through 2014'' and + inserting ``$41,250,000 for each of fiscal years 2021 through + 2025''; + (7) in section 754(b)(1)(A) (42 U.S.C. 294d(b)(1)(A)), by + striking ``new and innovative'' and inserting ``innovative or + evidence-based''; + (8) in section 755(b)(1)(A) (42 U.S.C. 294e(b)(1)(A)), by + striking ``the elderly'' and inserting ``geriatric populations or + for maternal and child health''; + (9) in section 761(e) (42 U.S.C. 294n(e))-- + (A) in paragraph (1)(A), by striking ``$7,500,000 for each + of fiscal years 2010 through 2014'' and inserting ``$5,663,000 + for each of fiscal years 2021 through 2025''; and + (B) in paragraph (2), by striking ``subsection (a)'' and + inserting ``paragraph (1)''; + (10) in section 762 (42 U.S.C. 294o)-- + (A) in subsection (a)(1), by striking ``Committee on Labor + and Human Resources'' and inserting ``Committee on Health, + Education, Labor, and Pensions''; + (B) in subsection (b)-- + (i) in paragraph (2), by striking ``Health Care + Financing Administration'' and inserting ``Centers for + Medicare & Medicaid Services''; + (ii) by redesignating paragraphs (4) through (6) as + paragraphs (5) through (7), respectively; and + (iii) by inserting after paragraph (3), the following: + ``(4) the Administrator of the Health Resources and Services + Administration;''; + (C) by striking subsections (i), (j), and (k) and inserting + the following: + ``(i) Reports.--Not later than September 30, 2023, and not less +than every 5 years thereafter, the Council shall submit to the +Secretary, and to the Committee on Health, Education, Labor, and +Pensions of the Senate and the Committee on Energy and Commerce of the +House of Representatives, a report on the recommendations described in +subsection (a).''; and + (D) by redesignating subsection (l) as subsection (j); + (11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), by striking + ``that plans'' and all that follows through the period and + inserting ``that plans, develops, operates, and evaluates projects + to improve preventive medicine, health promotion and disease + prevention, or access to and quality of health care services in + rural or medically underserved communities.''; + (12) in section 770(a) (42 U.S.C. 295e(a)), by striking + ``$43,000,000 for fiscal year 2011, and such sums as may be + necessary for each of the fiscal years 2012 through 2015'' and + inserting ``$17,000,000 for each of fiscal years 2021 through + 2025''; and + (13) in section 775(e) (42 U.S.C. 295f(e)), by striking + ``$30,000,000'' and all that follows through the period and + inserting ``such sums as may be necessary for each of fiscal years + 2021 through 2025.''. +SEC. 3402. HEALTH WORKFORCE COORDINATION. + (a) Strategic Plan.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the Secretary of Health and Human Services + (referred to in this Act as the ``Secretary''), in consultation + with the Advisory Committee on Training in Primary Care Medicine + and Dentistry and the Advisory Council on Graduate Medical + Education, shall develop a comprehensive and coordinated plan with + respect to the health care workforce development programs of the + Department of Health and Human Services, including education and + training programs. + (2) Requirements.--The plan under paragraph (1) shall-- + (A) include performance measures to determine the extent to + which the programs described in paragraph (1) are strengthening + the Nation's health care system; + (B) identify any gaps that exist between the outcomes of + programs described in paragraph (1) and projected health care + workforce needs identified in workforce projection reports + conducted by the Health Resources and Services Administration; + (C) identify actions to address the gaps described in + subparagraph (B); and + (D) identify barriers, if any, to implementing the actions + identified under subparagraph (C). + (b) Coordination With Other Agencies.--The Secretary shall +coordinate with the heads of other Federal agencies and departments +that fund or administer health care workforce development programs, +including education and training programs, to-- + (1) evaluate the performance of such programs, including the + extent to which such programs are efficient and effective and are + meeting the nation's health workforce needs; and + (2) identify opportunities to improve the quality and + consistency of the information collected to evaluate within and + across such programs, and to implement such improvements. + (c) Report.--Not later than 2 years after the date of enactment of +this Act, the Secretary shall submit to the Committee on Health, +Education, Labor, and Pensions of the Senate, and the Committee on +Energy and Commerce of the House of Representatives, a report +describing the plan developed under subsection (a) and actions taken to +implement such plan. +SEC. 3403. EDUCATION AND TRAINING RELATING TO GERIATRICS. + Section 753 of the Public Health Service Act (42 U.S.C. 294c) is +amended to read as follows: + ``SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS. + ``(a) Geriatrics Workforce Enhancement Program.-- + ``(1) In general.--The Secretary shall award grants, contracts, + or cooperative agreements under this subsection to entities + described in paragraph (1), (3), or (4) of section 799B, section + 801(2), or section 865(d), or other health professions schools or + programs approved by the Secretary, for the establishment or + operation of Geriatrics Workforce Enhancement Programs that meet + the requirements of paragraph (2). + ``(2) Requirements.-- + ``(A) In general.--A Geriatrics Workforce Enhancement + Program receiving an award under this section shall support the + training of health professionals in geriatrics, including + traineeships or fellowships. Such programs shall emphasize, as + appropriate, patient and family engagement, integration of + geriatrics with primary care and other appropriate specialties, + and collaboration with community partners to address gaps in + health care for older adults. + ``(B) Activities.--Activities conducted by a program under + this section may include the following: + ``(i) Clinical training on providing integrated + geriatrics and primary care delivery services. + ``(ii) Interprofessional training to practitioners from + multiple disciplines and specialties, including training on + the provision of care to older adults. + ``(iii) Establishing or maintaining training-related + community-based programs for older adults and caregivers to + improve health outcomes for older adults. + ``(iv) Providing education on Alzheimer's disease and + related dementias to families and caregivers of older + adults, direct care workers, and health professions + students, faculty, and providers. + ``(3) Duration.--Each grant, contract, or cooperative agreement + or contract awarded under paragraph (1) shall be for a period not + to exceed 5 years. + ``(4) Applications.--To be eligible to receive a grant, + contract, or cooperative agreement under paragraph (1), an entity + described in such paragraph shall submit to the Secretary an + application at such time, in such manner, and containing such + information as the Secretary may require. + ``(5) Program requirements.-- + ``(A) In general.--In awarding grants, contracts, and + cooperative agreements under paragraph (1), the Secretary-- + ``(i) shall give priority to programs that demonstrate + coordination with another Federal or State program or + another public or private entity; + ``(ii) shall give priority to applicants with programs + or activities that are expected to substantially benefit + rural or medically underserved populations of older adults, + or serve older adults in Indian Tribes or Tribal + organizations; and + ``(iii) may give priority to any program that-- + + ``(I) integrates geriatrics into primary care + practice; + ``(II) provides training to integrate geriatric + care into other specialties across care settings, + including practicing clinical specialists, health care + administrators, faculty without backgrounds in + geriatrics, and students from all health professions; + ``(III) emphasizes integration of geriatric care + into existing service delivery locations and care + across settings, including primary care clinics, + medical homes, Federally qualified health centers, + ambulatory care clinics, critical access hospitals, + emergency care, assisted living and nursing facilities, + and home- and community-based services, which may + include adult daycare; + ``(IV) supports the training and retraining of + faculty, primary care providers, other direct care + providers, and other appropriate professionals on + geriatrics; + ``(V) emphasizes education and engagement of family + caregivers on disease management and strategies to meet + the needs of caregivers of older adults; or + ``(VI) proposes to conduct outreach to communities + that have a shortage of geriatric workforce + professionals. + + ``(B) Special consideration.--In awarding grants, + contracts, and cooperative agreements under this section, the + Secretary shall give special consideration to entities that + provide services in areas with a shortage of geriatric + workforce professionals. + ``(6) Priority.--The Secretary may provide awardees with + additional support for activities in areas of demonstrated need, + which may include education and training for home health workers, + family caregivers, and direct care workers on care for older + adults. + ``(7) Reporting.-- + ``(A) Reports from entities.--Each entity awarded a grant, + contract, or cooperative agreement under this section shall + submit an annual report to the Secretary on the activities + conducted under such grant, contract, or cooperative agreement, + which may include information on the number of trainees, the + number of professions and disciplines, the number of + partnerships with health care delivery sites, the number of + faculty and practicing professionals who participated in such + programs, and other information, as the Secretary may require. + ``(B) Report to congress.--Not later than 4 years after the + date of enactment of the Title VII Health Care Workforce + Reauthorization Act of 2019 and every 5 years thereafter, the + Secretary shall submit to the Committee on Health, Education, + Labor, and Pensions of the Senate and the Committee on Energy + and Commerce of the House of Representatives a report that + provides a summary of the activities and outcomes associated + with grants, contracts, and cooperative agreements made under + this section. Such reports shall include-- + ``(i) information on the number of trainees, faculty, + and professionals who participated in programs under this + section; + ``(ii) information on the impact of the program + conducted under this section on the health status of older + adults, including in areas with a shortage of health + professionals; and + ``(iii) information on outreach and education provided + under this section to families and caregivers of older + adults. + ``(C) Public availability.--The Secretary shall make + reports submitted under paragraph (B) publically available on + the internet website of the Department of Health and Human + Services. + ``(b) Geriatric Academic Career Awards.-- + ``(1) Establishment of program.--The Secretary shall, as + appropriate, establish or maintain a program to provide geriatric + academic career awards to eligible entities applying on behalf of + eligible individuals to promote the career development of such + individuals as academic geriatricians or other academic geriatrics + health professionals. + ``(2) Eligibility.-- + ``(A) Eligible entity.--For purposes of this subsection, + the term `eligible entity' means-- + ``(i) an entity described in paragraph (1), (3), or (4) + of section 799B or section 801(2); or + ``(ii) another accredited health professions school or + graduate program approved by the Secretary. + ``(B) Eligible individual.--For purposes of this + subsection, the term `eligible individual' means an individual + who-- + ``(i)(I) is board certified or board eligible in + internal medicine, family practice, psychiatry, or licensed + dentistry, or has completed required training in a + discipline and is employed in an accredited health + professions school or graduate program that is approved by + the Secretary; or + ``(II) has completed an approved fellowship program in + geriatrics, or has completed specialty training in + geriatrics as required by the discipline and any additional + geriatrics training as required by the Secretary; and + ``(ii) has a junior, nontenured, faculty appointment at + an accredited health professions school or graduate program + in geriatrics or a geriatrics health profession. + ``(C) Clarification.--If an eligible individual is promoted + during the period of an award under this subsection and thereby + no longer meets the criteria of subparagraph (B)(ii), the + individual shall continue to be treated as an eligible + individual through the term of the award. + ``(3) Application requirements.--In order to receive an award + under paragraph (1), an eligible entity, on behalf of an eligible + individual, shall-- + ``(A) submit to the Secretary an application, at such time, + in such manner, and containing such information as the + Secretary may require; + ``(B) provide, in such form and manner as the Secretary may + require, assurances that the eligible individual will meet the + service requirement described in paragraph (6); and + ``(C) provide, in such form and manner as the Secretary may + require, assurances that the individual has a full-time faculty + appointment in a health professions institution and documented + commitment from such eligible entity that the individual will + spend 75 percent of the individual's time that is supported by + the award on teaching and developing skills in + interdisciplinary education in geriatrics. + ``(4) Equitable distribution.--In making awards under this + subsection, the Secretary shall seek to ensure geographical + distribution among award recipients, including among rural or + medically underserved areas of the United States. + ``(5) Amount and duration.-- + ``(A) Amount.--The amount of an award under this subsection + shall be at least $75,000 for fiscal year 2021, adjusted for + subsequent years in accordance with the consumer price index. + The Secretary shall determine the amount of an award under this + subsection for individuals who are not physicians. + ``(B) Duration.--The Secretary shall make awards under + paragraph (1) for a period not to exceed 5 years. + ``(6) Service requirement.--An individual who receives an award + under this subsection shall provide training in clinical + geriatrics, including the training of interprofessional teams of + health care professionals. The provision of such training shall + constitute at least 75 percent of the obligations of such + individual under the award. + ``(c) Nonapplicability of Provision.--Notwithstanding any other +provision of this title, section 791(a) shall not apply to awards made +under this section. + ``(d) Authorization of Appropriations.--There is authorized to be +appropriated $40,737,000 for each of fiscal years 2021 through 2025 for +purposes of carrying out this section.''. +SEC. 3404. NURSING WORKFORCE DEVELOPMENT. + (a) In General.--Title VIII of the Public Health Service Act (42 +U.S.C. 296 et seq.) is amended-- + (1) in section 801 (42 U.S.C. 296), by adding at the end the + following: + ``(18) Nurse managed health clinic.--The term `nurse managed + health clinic' means a nurse-practice arrangement, managed by + advanced practice nurses, that provides primary care or wellness + services to underserved or vulnerable populations and that is + associated with a school, college, university or department of + nursing, federally qualified health center, or independent + nonprofit health or social services agency.''; + (2) in section 802(c) (42 U.S.C. 296a(c)), by inserting ``, and + how such project aligns with the goals in section 806(a)'' before + the period in the second sentence; + (3) in section 803(b) (42 U.S.C. 296b(b)), by adding at the end + the following: ``Such Federal funds are intended to supplement, not + supplant, existing non-Federal expenditures for such activities.''; + (4) in section 806 (42 U.S.C. 296e)-- + (A) in subsection (a), by striking ``as needed to'' and all + that follows and inserting the following: ``as needed to + address national nursing needs, including-- + ``(1) addressing challenges, including through supporting + training and education of nursing students, related to the + distribution of the nursing workforce and existing or projected + nursing workforce shortages in geographic areas that have been + identified as having, or that are projected to have, a nursing + shortage; + ``(2) increasing access to and the quality of health care + services, including by supporting the training of professional + registered nurses, advanced practice registered nurses, and + advanced education nurses within community based settings and in a + variety of health delivery system settings; or + ``(3) addressing the strategic goals and priorities identified + by the Secretary and that are in accordance with this title. +Contracts may be entered into under this title with public or private +entities as determined necessary by the Secretary.''; + (B) in subsection (b)(2), by striking ``a demonstration'' + and all that follows and inserting the following: ``the + reporting of data and information demonstrating that + satisfactory progress has been made by the program or project + in meeting the performance outcome standards (as described in + section 802) of such program or project.''; + (C) in subsection (e)(2), by inserting ``, and have + relevant expertise and experience'' before the period at the + end of the first sentence; and + (D) by adding at the end the following: + ``(i) Biennial Report on Nursing Workforce Program Improvements.-- +Not later than September 30, 2020, and biennially thereafter, the +Secretary shall submit to the Committee on Health, Education, Labor, +and Pensions of the Senate and the Committee on Energy and Commerce of +the House of Representatives, a report that contains an assessment of +the programs and activities of the Department of Health and Human +Services related to enhancing the nursing workforce, including the +extent to which programs and activities under this title meet the +identified goals and performance measures developed for the respective +programs and activities, and the extent to which the Department +coordinates with other Federal departments regarding programs designed +to improve the nursing workforce.''; + (5) in section 811 (42 U.S.C. 296j)-- + (A) in subsection (b)-- + (i) by striking ``Master's'' and inserting + ``graduate''; and + (ii) by inserting ``clinical nurse leaders,'' after + ``nurse administrators,''; + (B) by redesignating subsections (f) and (g) as subsections + (g) and (h), respectively; and + (C) by inserting after subsection (e), the following: + ``(f) Authorized Clinical Nurse Specialist Programs.--Clinical +nurse specialist programs eligible for support under this section are +education programs that-- + ``(1) provide registered nurses with full-time clinical nurse + specialist education; and + ``(2) have as their objective the education of clinical nurse + specialists who will, upon completion of such a program, be + qualified to effectively provide care through the wellness and + illness continuum to inpatients and outpatients experiencing acute + and chronic illness.''; and + (6) in section 831 (42 U.S.C. 296p)-- + (A) in the section heading, by striking ``and quality + grants'' and inserting ``quality, and retention grants''; + (B) in subsection (b)(2), by striking ``other high-risk + groups such as the elderly, individuals with HIV/AIDS, + substance abusers, the homeless, and victims'' and inserting + ``high risk groups, such as the elderly, individuals with HIV/ + AIDS, individuals with mental health or substance use + disorders, individuals who are homeless, and survivors''; + (C) in subsection (c)(1)-- + (i) in subparagraph (A)-- + + (I) by striking ``advancement for nursing + personnel'' and inserting the following: ``advancement + for-- + + ``(i) nursing''; + + (II) by striking ``professional nurses, advanced + education nurses, licensed practical nurses, certified + nurse assistants, and home health aides'' and inserting + ``professional registered nurses, advanced practice + registered nurses, and nurses with graduate nursing + education''; and + (III) by adding at the end the following: + + ``(ii) individuals including licensed practical nurses, + licensed vocational nurses, certified nurse assistants, + home health aides, diploma degree or associate degree + nurses, and other health professionals, such as health + aides or community health practitioners certified under the + Community Health Aide Program of the Indian Health Service, + to become registered nurses with baccalaureate degrees or + nurses with graduate nursing education;''; + (ii) in subparagraph (B), by striking the period and + inserting ``; and''; and + (iii) by adding at the end the following: + ``(C) developing and implementing internships, accredited + fellowships, and accredited residency programs in collaboration + with one or more accredited schools of nursing, to encourage + the mentoring and development of specialties.''; + (D) by striking subsections (e) and (h); + (E) by redesignating subsections (f) and (g), as + subsections (e) and (f), respectively; + (F) in subsection (e) (as so redesignated), by striking + ``The Secretary shall submit to the Congress before the end of + each fiscal year'' and inserting ``As part of the report on + nursing workforce programs described in section 806(i), the + Secretary shall include''; and + (G) in subsection (f) (as so redesignated), by striking ``a + school of nursing, as defined in section 801(2),,'' and + inserting ``an accredited school of nursing, as defined in + section 801(2), a health care facility, including federally + qualified health centers or nurse-managed health clinics, or a + partnership of such a school and facility''; + (7) by striking section 831A (42 U.S.C. 296p-1); + (8) in section 846 (42 U.S.C. 297n)-- + (A) by striking the last sentence of subsection (a); + (B) in subsection (b)(1), by striking ``he began such + practice'' and inserting ``the individual began such + practice''; and + (C) in subsection (i), by striking ``Funding'' in the + subsection heading and all that follows through ``paragraph + (1)'' in paragraph (2), and inserting the following: + ``Allocations.--Of the amounts appropriated under section + 871(b),''; + (9) in section 846A (42 U.S.C. 247n-1), by striking subsection + (f); + (10) in section 847 (42 U.S.C. 297o), by striking subsection + (g); + (11) in section 851 (42 U.S.C. 297t)-- + (A) in subsection (b)(1)(A)(iv), by striking ``and nurse + anesthetists'' and inserting ``nurse anesthetists, and clinical + nurse specialists''; + (B) in subsection (d)(3)-- + (i) by striking ``3 years after the date of enactment + of this section'' and inserting ``2 years after the date of + enactment of the Title VIII Nursing Reauthorization Act''; + (ii) by striking ``Labor and Human Resources'' and + inserting ``Health, Education, Labor, and Pensions''; and + (iii) by inserting ``Energy and'' before ``Commerce''; + and + (C) in subsection (g), by striking ``under this title'' and + inserting ``for carrying out parts B, C, and D''; + (12) by striking sections 861 and 862 (42 U.S.C. 297w and + 297x); and + (13) in section 871 (42 U.S.C. 298d)-- + (A) by striking ``For the purpose of'' and inserting the + following: + ``(a) In General.--For the purpose of''; + (B) by striking ``$338,000,000 for fiscal year 2010, and + such sums as may be necessary for each of the fiscal years 2011 + through 2016'' and inserting ``$137,837,000 for each of fiscal + years 2021 through 2025''; and + (C) by adding at the end the following: + ``(b) Part E.--For the purpose of carrying out part E, there are +authorized to be appropriated $117,135,000 for each of the fiscal years +2021 through 2025.''. + (b) Evaluation and Report on Nurse Loan Repayment Programs.-- + (1) Evaluation.--The Comptroller General shall conduct an + evaluation of the nurse loan repayment programs administered by the + Health Resources and Services Administration. Such evaluation shall + include-- + (A) the manner in which payments are made under such + programs; + (B) the existing oversight functions necessary to ensure + the proper use of such programs, including payments made as + part of such programs; + (C) the identification of gaps, if any, in oversight + functions; and + (D) information on the number of nurses assigned to + facilities pursuant to such programs, including the type of + facility to which nurses are assigned and the impact of + modifying the eligibility requirements for programs under + section 846 of the Public Health Service Act (42 U.S.C. 297n), + such as the impact on entities to which nurses had previously + been assigned prior to fiscal year 2019 (such as federally + qualified health centers and facilities affiliated with the + Indian Health Service). + (2) Report.--Not later than 18 months after the enactment of + this Act, the Comptroller General shall submit to the Committee on + Health, Education, Labor, and Pensions of the Senate and the + Committee on Energy and Commerce of the House of Representatives, a + report on the evaluation under paragraph (1), which may include + recommendations to improve relevant nursing workforce loan + repayment programs. + + Subtitle B--Education Provisions + +SEC. 3501. SHORT TITLE. + This subtitle may be cited as the ``COVID-19 Pandemic Education +Relief Act of 2020''. +SEC. 3502. DEFINITIONS. + (a) Definitions.--In this subtitle: + (1) Coronavirus.--The term ``coronavirus'' has the meaning + given the term in section 506 of the Coronavirus Preparedness and + Response Supplemental Appropriations Act, 2020 (Public Law 116- + 123). + (2) Foreign institution.--The term ``foreign institution'' + means an institution of higher education located outside the United + States that is described in paragraphs (1)(C) and (2) of section + 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)). + (3) Institution of higher education.--The term ``institution of + higher education'' has the meaning of the term under section 102 of + the Higher Education Act of 1965 (20 U.S.C. 1002). + (4) Qualifying emergency.--The term ``qualifying emergency'' + means-- + (A) a public health emergency related to the coronavirus + declared by the Secretary of Health and Human Services pursuant + to section 319 of the Public Health Service Act (42 U.S.C. + 247d); + (B) an event related to the coronavirus for which the + President declared a major disaster or an emergency under + section 401 or 501, respectively, of the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 + and 5191); or + (C) a national emergency related to the coronavirus + declared by the President under section 201 of the National + Emergencies Act (50 U.S.C. 1601 et seq.). + (5) Secretary.--The term ``Secretary'' means the Secretary of + Education. +SEC. 3503. CAMPUS-BASED AID WAIVERS. + (a) Waiver of Non-federal Share Requirement.--Notwithstanding +sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 +(20 U.S.C. 1070b-2(a)(2) and 1087-53(b)(5)), with respect to funds made +available for award years 2019-2020 and 2020-2021, the Secretary shall +waive the requirement that a participating institution of higher +education provide a non-Federal share to match Federal funds provided +to the institution for the programs authorized pursuant to subpart 3 of +part A and part C of title IV of the Higher Education Act of 1965 (20 +U.S.C. 1070b et seq. and 1087-51 et seq.) for all awards made under +such programs during such award years, except nothing in this +subsection shall affect the non-Federal share requirement under section +443(c)(3) that applies to private for-profit organizations. + (b) Authority to Reallocate.--Notwithstanding sections 413D, 442, +and 488 of the Higher Education Act of 1965 (20 U.S.C. 1070b-3, 1087- +52, and 1095), during a period of a qualifying emergency, an +institution may transfer up to 100 percent of the institution's +unexpended allotment under section 442 of such Act to the institution's +allotment under section 413D of such Act, but may not transfer any +funds from the institution's unexpended allotment under section 413D of +such Act to the institution's allotment under section 442 of such Act. +SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS FOR +EMERGENCY AID. + (a) In General.--Notwithstanding section 413B of the Higher +Education Act of 1965 (20 U.S.C. 1070b-1), an institution of higher +education may reserve any amount of an institution's allocation under +subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 +U.S.C. 1070b et seq.) for a fiscal year to award, in such fiscal year, +emergency financial aid grants to assist undergraduate or graduate +students for unexpected expenses and unmet financial need as the result +of a qualifying emergency. + (b) Determinations.--In determining eligibility for and awarding +emergency financial aid grants under this section, an institution of +higher education may-- + (1) waive the amount of need calculation under section 471 of + the Higher Education Act of 1965 (20 U.S.C. 1087kk); + (2) allow for a student affected by a qualifying emergency to + receive funds in an amount that is not more than the maximum + Federal Pell Grant for the applicable award year; and + (3) utilize a contract with a scholarship-granting organization + designated for the sole purpose of accepting applications from or + disbursing funds to students enrolled in the institution of higher + education, if such scholarship-granting organization disburses the + full allocated amount provided to the institution of higher + education to the recipients. + (c) Special Rule.--Any emergency financial aid grants to students +under this section shall not be treated as other financial assistance +for the purposes of section 471 of the Higher Education Act of 1965 (20 +U.S.C. 1087kk). +SEC. 3505. FEDERAL WORK-STUDY DURING A QUALIFYING EMERGENCY. + (a) In General.--In the event of a qualifying emergency, an +institution of higher education participating in the program under part +C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et +seq.) may make payments under such part to affected work-study +students, for the period of time (not to exceed one academic year) in +which affected students were unable to fulfill the students' work-study +obligation for all or part of such academic year due to such qualifying +emergency, as follows: + (1) Payments may be made under such part to affected work-study + students in an amount equal to or less than the amount of wages + such students would have been paid under such part had the students + been able to complete the work obligation necessary to receive work + study funds, as a one time grant or as multiple payments. + (2) Payments shall not be made to any student who was not + eligible for work study or was not completing the work obligation + necessary to receive work study funds under such part prior to the + occurrence of the qualifying emergency. + (3) Any payments made to affected work-study students under + this subsection shall meet the matching requirements of section 443 + of the Higher Education Act of 1965 (20 U.S.C. 1087-53), unless + such matching requirements are waived by the Secretary. + (b) Definition of Affected Work-study Student.--In this section, +the term ``affected work-study student'' means a student enrolled at an +eligible institution participating in the program under part C of title +IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.) +who-- + (1) received a work-study award under section 443 of the Higher + Education Act of 1965 (20 U.S.C. 1087-53) for the academic year + during which a qualifying emergency occurred; + (2) earned Federal work-study wages from such eligible + institution for such academic year; and + (3) was prevented from fulfilling the student's work-study + obligation for all or part of such academic year due to such + qualifying emergency. +SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIMITS. + Notwithstanding section 455(q)(3) of the Higher Education Act of +1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from a +student's period of enrollment for purposes of loans made under part D +of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et +seq.) any semester (or the equivalent) that the student does not +complete due to a qualifying emergency, if the Secretary is able to +administer such policy in a manner that limits complexity and the +burden on the student. +SEC. 3507. EXCLUSION FROM FEDERAL PELL GRANT DURATION LIMIT. + The Secretary shall exclude from a student's Federal Pell Grant +duration limit under section 401(c)(5) of the Higher Education Act of +1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent) that the +student does not complete due to a qualifying emergency if the +Secretary is able to administer such policy in a manner that limits +complexity and the burden on the student. +SEC. 3508. INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN FLEXIBILITY. + (a) Institutional Waiver.-- + (1) In general.--The Secretary shall waive the institutional + requirement under section 484B of the Higher Education Act of 1965 + (20 U.S.C. 1091b) with respect to the amount of grant or loan + assistance (other than assistance received under part C of title IV + of such Act) to be returned under such section if a recipient of + assistance under title IV of the Higher Education Act of 1965 (20 + U.S.C. 1070 et seq.) withdraws from the institution of higher + education during the payment period or period of enrollment as a + result of a qualifying emergency. + (2) Waivers.--The Secretary shall require each institution + using a waiver relating to the withdrawal of recipients under this + subsection to report the number of such recipients, the amount of + grant or loan assistance (other than assistance received under part + C of title IV of such Act) associated with each such recipient, and + the total amount of grant or loan assistance (other than assistance + received under part C of title IV of such Act) for which each + institution has not returned assistance under title IV to the + Secretary. + (b) Student Waiver.--The Secretary shall waive the amounts that +students are required to return under section 484B of the Higher +Education Act of 1965 (20 U.S.C. 1091b) with respect to Federal Pell +Grants or other grant assistance if the withdrawals on which the +returns are based, are withdrawals by students who withdrew from the +institution of higher education as a result of a qualifying emergency. + (c) Canceling Loan Obligation.--Notwithstanding any other provision +of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the +Secretary shall cancel the borrower's obligation to repay the entire +portion of a loan made under part D of title IV of such Act (20 U.S.C. +1087a et seq.) associated with a payment period for a recipient of such +loan who withdraws from the institution of higher education during the +payment period as a result of a qualifying emergency. + (d) Approved Leave of Absence.--Notwithstanding any other provision +of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), for +purposes of receiving assistance under title IV of the Higher Education +Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher +education may, as a result of a qualifying emergency, provide a student +with an approved leave of absence that does not require the student to +return at the same point in the academic program that the student began +the leave of absence if the student returns within the same semester +(or the equivalent). +SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. + Notwithstanding section 484 of the Higher Education Act of 1965 (20 +U.S.C. 1091), in determining whether a student is maintaining +satisfactory academic progress for purposes of title IV of the Higher +Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of +higher education may, as a result of a qualifying emergency, exclude +from the quantitative component of the calculation any attempted +credits that were not completed by such student without requiring an +appeal by such student. +SEC. 3510. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS. + (a) In General.--Notwithstanding section 481(b) of the Higher +Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign +institution, in the case of a public health emergency, major disaster +or emergency, or national emergency declared by the applicable +government authorities in the country in which the foreign institution +is located, the Secretary may permit any part of an otherwise eligible +program to be offered via distance education for the duration of such +emergency or disaster and the following payment period for purposes of +title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). + (b) Eligibility.--An otherwise eligible program that is offered in +whole or in part through distance education by a foreign institution +between March 1, 2020, and the date of enactment of this Act shall be +deemed eligible for the purposes of part D of title IV of the Higher +Education Act of 1965 (20 U.S.C. 1087a et seq.) for the duration of the +qualifying emergency and the following payment period for purposes of +title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). +An institution of higher education that uses the authority provided in +the previous sentence shall report such use to the Secretary-- + (1) for the 2019-2020 award year, not later than June 30, 2020; + and + (2) for an award year subsequent to the 2019-2020 award year, + not later than 30 days after such use. + (c) Report.--Not later than 180 days after the date of enactment of +this Act, and every 180 days thereafter for the duration of the +qualifying emergency and the following payment period, the Secretary +shall submit to the authorizing committees (as defined in section 103 +of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that +identifies each foreign institution that carried out a distance +education program authorized under this section. + (d) Written Arrangements.-- + (1) In general.--Notwithstanding section 102 of the Higher + Education Act of 1965 (20 U.S.C. 1002), for the duration of a + qualifying emergency and the following payment period, the + Secretary may allow a foreign institution to enter into a written + arrangement with an institution of higher education located in the + United States that participates in the Federal Direct Loan Program + under part D of title IV of the Higher Education Act of 1965 (20 + U.S.C. 1087a et seq.) for the purpose of allowing a student of the + foreign institution who is a borrower of a loan made under such + part to take courses from the institution of higher education + located in the United States. + (2) Form of arrangements.-- + (A) Public or other nonprofit institutions.--A foreign + institution that is a public or other nonprofit institution may + enter into a written arrangement under subsection (a) only with + an institution of higher education described in section 101 of + such Act (20 U.S.C. 1001). + (B) Other institutions.--A foreign institution that is a + graduate medical school, nursing school, or a veterinary school + and that is not a public or other nonprofit institution may + enter into a written arrangement under subsection (a) with an + institution of higher education described in section 101 or + section 102 of such Act (20 U.S.C. 1001 and 1002). + (3) Report on use.--An institution of higher education that + uses the authority described in paragraph (2) shall report such use + to the Secretary-- + (A) for the 2019-2020 award year, not later than June 30, + 2020; and + (B) for an award year subsequent to the 2019-2020 award + year, not later than 30 days after such use. + (4) Report from the secretary.--Not later than 180 days after + the date of enactment of this Act, and every 180 days thereafter + for the duration of the qualifying emergency and the following + payment period, the Secretary shall submit to the authorizing + committees (as defined in section 103 of the Higher Education Act + of 1965 (20 U.S.C. 1003)) a report that identifies each foreign + institution that entered into a written arrangement authorized + under subsection (a). +SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL WAIVERS. + (a) In General.--Notwithstanding any other provision of law, the +Secretary may, upon the request of a State educational agency or Indian +tribe, waive any statutory or regulatory provision described under +paragraphs (1) and (2) of subsection (b), and upon the request of a +local educational agency, waive any statutory or regulatory provision +described under paragraph (2) of subsection (b), if the Secretary +determines that such a waiver is necessary and appropriate due to the +emergency involving Federal primary responsibility determined to exist +by the President under the section 501(b) of the Robert T. Stafford +Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with +respect to the Coronavirus Disease 2019 (COVID-19). + (b) Applicable Provisions of Law.-- + (1) Streamlined waivers.--The Secretary shall create an + expedited application process to request a waiver and the Secretary + may waive any statutory or regulatory requirements for a State + educational agency (related to assessments, accountability, and + reporting requirements related to assessments and accountability), + if the Secretary determines that such a waiver is necessary and + appropriate as described in subsection (a), under the following + provisions of law: + (A) The following provisions under section 1111 of the + Elementary and Secondary Education Act of 1965 (20 U.S.C. + 6311): + (i) Paragraphs (2) and (3) of subsection (b). + (ii) Subsection (c)(4). + (iii) Subparagraphs (C) and (D) of subsection (d)(2). + (iv) The following provisions under subsection (h) of + such section 1111: + + (I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi), + (vii), and (xi) of paragraph (1)(C). + (II) Paragraph (2)(C) with respect to the waived + requirements under subclause (I). + (III) Clauses (i) and (ii) of paragraph (2)(C). + + (B) Section 421(b) of the General Education Provisions Act + (20 U.S.C. 1225(b)). + (2) State and locally-requested waivers.--For a State + educational agency, local educational agency, or Indian tribe that + receives funds under a program authorized under the Elementary and + Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) that + requests a waiver under subsection (c), the Secretary may waive + statutory and regulatory requirements under any of the following + provisions of such Act: + (A) Section 1114(a)(1). + (B) Section 1118(a) and section 8521. + (C) Section 1127. + (D) Section 4106(d). + (E) Subparagraphs (C), (D), and (E) of section 4106(e)(2). + (F) Section 4109(b). + (G) The definition under section 8101(42) for purposes of + the Elementary and Secondary Education Act of 1965 (20 U.S.C. + 6301 et seq.). + (3) Applicability to charter schools.--Any waivers issued by + the Secretary under this section shall be implemented, as + applicable-- + (A) for all public schools, including public charter + schools within the boundaries of the recipient of the waiver; + (B) in accordance with State charter school law; and + (C) pursuant to section 1111(c)(5) of the Elementary and + Secondary Education Act of 1965 (20 U.S.C. 6311(c)(5)). + (4) Limitation.--Nothing in this section shall be construed to + allow the Secretary to waive any statutory or regulatory + requirements under applicable civil rights laws. + (5) Accountability and improvement.--Any school located in a + State that receives a waiver under paragraph (1) and that is + identified for comprehensive support and improvement, targeted + support and improvement, or additional targeted support in the + 2019-2020 school year under section 1111(c)(4)(D) or section + 1111(d)(2) of the Elementary and Secondary Education Act of 1965 + (20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall maintain that + identification status in the 2020-2021 school year and continue to + receive supports and interventions consistent with the school's + support and improvement plan in the 2020-2021 school year. + (c) State and Local Requests for Waivers.-- + (1) In general.--A State educational agency, local educational + agency, or Indian tribe that desires a waiver from any statutory or + regulatory provision described under subsection (b)(2), may submit + a waiver request to the Secretary in accordance with this + subsection. + (2) Requests submitted.--A request for a waiver under this + subsection shall-- + (A) identify the Federal programs affected by the requested + waiver; + (B) describe which Federal statutory or regulatory + requirements are to be waived; + (C) describe how the emergency involving Federal primary + responsibility determined to exist by the President under the + section 501(b) of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to + the Coronavirus Disease 2019 (COVID-19) prevents or otherwise + restricts the ability of the State, State educational agency, + local educational agency, Indian tribe, or school to comply + with such statutory or regulatory requirements; and + (D) provide an assurance that the State educational agency, + local educational agency, or Indian tribe will work to mitigate + any negative effects, if any, that may occur as a result of the + requested waiver. + (3) Secretary approval.-- + (A) In general.--Except as provided under subparagraph (B), + the Secretary shall approve or disapprove a waiver request + submitted under paragraph (1) not more than 30 days after the + date on which such request is submitted. + (B) Exceptions.--The Secretary may disapprove a waiver + request submitted under paragraph (1), only if the Secretary + determines that-- + (i) the waiver request does not meet the requirements + of this section; + (ii) the waiver is not permitted pursuant to subsection + (b)(2); or + (iii) the description required under paragraph (2)(C) + provides insufficient information to demonstrate that the + waiving of such requirements is necessary or appropriate + consistent with subsection (a). + (4) Duration.--A waiver approved by the Secretary under this + section may be for a period not to exceed the 2019-2020 academic + year, except to carry out full implementation of any maintenance of + effort waivers granted during the 2019-2020 academic year. + (d) Reporting and Publication.-- + (1) Public notice.--A State educational agency, Indian Tribe, + or local educational agency requesting a waiver under subsection + (b)(2) shall provide the public and all local educational agencies + in the State with notice of, and the opportunity to comment on, the + request by posting information regarding the waiver request and the + process for commenting on the State website. + (2) Notifying congress.--Not later than 7 days after granting a + waiver under this section, the Secretary shall notify the Committee + on Health, Education, Labor, and Pensions of the Senate, the + Committee on Appropriations of the Senate, the Committee on + Education and Labor of the House of Representatives, and the + Committee on Appropriations of the House of Representatives of such + waiver. + (3) Publication.--Not later than 30 days after granting a + waiver under this section, the Secretary shall publish a notice of + the Secretary's decision (including which waiver was granted and + the reason for granting the waiver) in the Federal Register and on + the website of the Department of Education. + (4) Report.--Not later than 30 days after the date of enactment + of this Act, the Secretary shall prepare and submit a report to the + Committee on Health, Education, Labor, and Pensions and the + Committee on Appropriations of the Senate, and the Committee on + Education and Labor and the Committee on Appropriations of the + House of Representatives, with recommendations on any additional + waivers under the Individuals with Disabilities Education Act (20 + U.S.C. 1401 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 + et seq.), the Elementary and Secondary Education Act of 1965 (20 + U.S.C. 6301 et seq.), and the Carl D. Perkins Career and Technical + Education Act of 2006 (20 U.S.C. 2301 et seq.) the Secretary + believes are necessary to be enacted into law to provide limited + flexibility to States and local educational agencies to meet the + needs of students during the emergency involving Federal primary + responsibility determined to exist by the President under section + 501(b) of the Robert T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5191(b)) with respect to the Coronavirus + Disease 2019 (COVID-19). + (e) Terms.--In this section, the term ``State educational agency'' +includes the Bureau of Indian Education, and the term ``local +educational agency'' includes Bureau of Indian Education funded schools +operated pursuant to a grant under the Tribally Controlled Schools Act +of 1988 (25 U.S.C. 2501 et seq.), or a contract under the Indian Self- +Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). +SEC. 3512. HBCU CAPITAL FINANCING. + (a) Deferment Period.-- + (1) In general.--Notwithstanding any provision of title III of + the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or any + regulation promulgated under such title, the Secretary may grant a + deferment, for the duration of a qualifying emergency, to an + institution that has received a loan under part D of title III of + such Act (20 U.S.C. 1066 et seq.). + (2) Terms.--During the deferment period granted under this + subsection-- + (A) the institution shall not be required to pay any + periodic installment of principal or interest required under + the loan agreement for such loan; and + (B) the Secretary shall make principal and interest + payments otherwise due under the loan agreement. + (3) Closing.--At the closing of a loan deferred under this + subsection, terms shall be set under which the institution shall be + required to repay the Secretary for the payments of principal and + interest made by the Secretary during the deferment, on a schedule + that begins upon repayment to the lender in full on the loan + agreement, except in no case shall repayment be required to begin + before the date that is 1 full fiscal year after the date that is + the end of the qualifying emergency. + (b) Termination Date.-- + (1) In general.--The authority provided under this section to + grant a loan deferment under subsection (a) shall terminate on the + date on which the qualifying emergency is no longer in effect. + (2) Duration.--Any provision of a loan agreement or insurance + agreement modified by the authority under this section shall remain + so modified for the duration of the period covered by the loan + agreement or insurance agreement. + (c) Report.--Not later than 180 days after the date of enactment of +this Act, and every 180 days thereafter during the period beginning on +the first day of the qualifying emergency and ending on September 30 of +the fiscal year following the end of the qualifying emergency, the +Secretary shall submit to the authorizing committees (as defined in +section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a +report that identifies each institution that received assistance under +this section. + (d) Funding.--There is hereby appropriated, out of any money in the +Treasury not otherwise appropriated, $62,000,000 to carry out this +section. +SEC. 3513. TEMPORARY RELIEF FOR FEDERAL STUDENT LOAN BORROWERS. + (a) In General.--The Secretary shall suspend all payments due for +loans made under part D and part B (that are held by the Department of +Education) of title IV of the Higher Education Act of 1965 (20 U.S.C. +1087a et seq.; 1071 et seq.) through September 30, 2020. + (b) No Accrual of Interest.--Notwithstanding any other provision of +the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), interest +shall not accrue on a loan described under subsection (a) for which +payment was suspended for the period of the suspension. + (c) Consideration of Payments.--Notwithstanding any other provision +of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the +Secretary shall deem each month for which a loan payment was suspended +under this section as if the borrower of the loan had made a payment +for the purpose of any loan forgiveness program or loan rehabilitation +program authorized under part D or B of title IV of the Higher +Education Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) for which +the borrower would have otherwise qualified. + (d) Reporting to Consumer Reporting Agencies.--During the period in +which the Secretary suspends payments on a loan under subsection (a), +the Secretary shall ensure that, for the purpose of reporting +information about the loan to a consumer reporting agency, any payment +that has been suspended is treated as if it were a regularly scheduled +payment made by a borrower. + (e) Suspending Involuntary Collection.--During the period in which +the Secretary suspends payments on a loan under subsection (a), the +Secretary shall suspend all involuntary collection related to the loan, +including-- + (1) a wage garnishment authorized under section 488A of the + Higher Education Act of 1965 (20 U.S.C. 1095a) or section 3720D of + title 31, United States Code; + (2) a reduction of tax refund by amount of debt authorized + under section 3720A of title 31, United States Code, or section + 6402(d) of the Internal Revenue Code of 1986; + (3) a reduction of any other Federal benefit payment by + administrative offset authorized under section 3716 of title 31, + United States Code (including a benefit payment due to an + individual under the Social Security Act or any other provision + described in subsection (c)(3)(A)(i) of such section); and + (4) any other involuntary collection activity by the Secretary. + (f) Waivers.--In carrying out this section, the Secretary may waive +the application of-- + (1) subchapter I of chapter 35 of title 44, United States Code + (commonly known as the ``Paperwork Reduction Act''); + (2) the master calendar requirements under section 482 of the + Higher Education Act of 1965 (20 U.S.C. 1089); + (3) negotiated rulemaking under section 492 of the Higher + Education Act of 1965 (20 U.S.C. 1098a); and + (4) the requirement to publish the notices related to the + system of records of the agency before implementation required + under paragraphs (4) and (11) of section 552a(e) of title 5, United + States Code (commonly known as the ``Privacy Act of 1974''), except + that the notices shall be published not later than 180 days after + the date of enactment of this Act. + (g) Notice to Borrowers and Transition Period.--To inform borrowers +of the actions taken in accordance with this section and ensure an +effective transition, the Secretary shall-- + (1) not later than 15 days after the date of enactment of this + Act, notify borrowers-- + (A) of the actions taken in accordance with subsections (a) + and (b) for whom payments have been suspended and interest + waived; + (B) of the actions taken in accordance with subsection (e) + for whom collections have been suspended; + (C) of the option to continue making payments toward + principal; and + (D) that the program under this section is a temporary + program. + (2) beginning on August 1, 2020, carry out a program to provide + not less than 6 notices by postal mail, telephone, or electronic + communication to borrowers indicating-- + (A) when the borrower's normal payment obligations will + resume; and + (B) that the borrower has the option to enroll in income- + driven repayment, including a brief description of such + options. +SEC. 3514. PROVISIONS RELATED TO THE CORPORATION FOR NATIONAL AND +COMMUNITY SERVICE. + (a) Accrual of Service Hours.-- + (1) Accrual through other service hours.-- + (A) In general.--Notwithstanding any other provision of the + Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) + or the National and Community Service Act of 1990 (42 U.S.C. + 12501 et seq.), the Corporation for National and Community + Service shall allow an individual described in subparagraph (B) + to accrue other service hours that will count toward the number + of hours needed for the individual's education award. + (B) Affected individuals.--Subparagraph (A) shall apply to + any individual serving in a position eligible for an + educational award under subtitle D of title I of the National + and Community Service Act of 1990 (42 U.S.C. 12601 et seq.)-- + (i) who is performing limited service due to COVID-19; + or + (ii) whose position has been suspended or placed on + hold due to COVID-19. + (2) Provisions in case of early exit.--In any case where an + individual serving in a position eligible for an educational award + under subtitle D of title I of the National and Community Service + Act of 1990 (42 U.S.C. 12601 et seq.) was required to exit the + position early at the direction of the Corporation for National and + Community Service, the Chief Executive Officer of the Corporation + for National and Community Service may-- + (A) deem such individual as having met the requirements of + the position; and + (B) award the individual the full value of the educational + award under such subtitle for which the individual would + otherwise have been eligible. + (b) Availability of Funds.--Notwithstanding any other provision of +law, all funds made available to the Corporation for National and +Community Service under any Act, including the amounts appropriated to +the Corporation under the headings ``operating expenses'', ``salaries +and expenses'', and ``office of the inspector general'' under the +heading ``Corporation for National and Community Service'' under title +IV of Division A of the Further Consolidated Appropriations Act, 2020 +(Public Law 116-94), shall remain available for the fiscal year ending +September 30, 2021. + (c) No Required Return of Grant Funds.--Notwithstanding section +129(l)(3)(A)(i) of the National and Community Service Act of 1990 (42 +U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer of the +Corporation for National and Community Service may permit fixed-amount +grant recipients under such section 129(l) to maintain a pro rata +amount of grant funds, at the discretion of the Corporation for +National and Community Service, for participants who exited, were +suspended, or are serving in a limited capacity due to COVID-19, to +enable the grant recipients to maintain operations and to accept +participants. + (d) Extension of Terms and Age Limits.--Notwithstanding any other +provision of law, the Corporation for National and Community Service +may extend the term of service (for a period not to exceed the 1-year +period immediately following the end of the national emergency) or +waive any upper age limit (except in no case shall the maximum age +exceed 26 years of age) for national service programs carried out by +the National Civilian Community Corps under subtitle E of title I of +the National and Community Service Act of 1990 (42 U.S.C. 12611 et +seq.), and the participants in such programs, for the purposes of-- + (1) addressing disruptions due to COVID-19; and + (2) minimizing the difficulty in returning to full operation + due to COVID-19 on such programs and participants. +SEC. 3515. WORKFORCE RESPONSE ACTIVITIES. + (a) Administrative Costs.--Notwithstanding section 128(b)(4) of the +Workforce Innovation Opportunity Act (29 U.S.C. 3163(b)(4)), of the +total amount allocated to a local area (including the total amount +allotted to a single State local area) under subtitle B of title I of +such Act (29 U.S.C. 3151 et seq.) for program year 2019, not more than +20 percent of the total amount may be used for the administrative costs +of carrying out local workforce investment activities under chapter 2 +or chapter 3 of subtitle B of title I of such Act, if the portion of +the total amount that exceeds 10 percent of the total amount is used to +respond to a qualifying emergency. + (b) Rapid Response Activities.-- + (1) Statewide rapid response.--Of the funds reserved by a + Governor for program year 2019 for statewide activities under + section 128(a) of the Workforce Innovation and Opportunity Act (29 + U.S.C. 3163(a)) that remain unobligated, such funds may be used for + statewide rapid response activities as described in section + 134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A)) for responding + to a qualifying emergency. + (2) Local boards.--Of the funds reserved by a Governor for + program year 2019 under section 133(a)(2) of such Act (29 U.S.C. + 3173(a)(2)) that remain unobligated, such funds may be released + within 30 days after the date of enactment of this Act to the local + boards most impacted by the coronavirus at the determination of the + Governor for rapid response activities related to responding to a + qualifying emergency. + (c) Definitions.--Except as otherwise provided, the terms in this +section have the meanings given the terms in section 3 of the Workforce +Innovation and Opportunity Act (29 U.S.C. 3102). +SEC. 3516. TECHNICAL AMENDMENTS. + (a) In General.-- + (1) Section 6103(a)(3) of the Internal Revenue Code of 1986, as + amended by the FUTURE Act (Public Law 116-91), is further amended + by striking ``(13), (16)'' and inserting ``(13)(A), (13)(B), + (13)(C), (13)(D)(i), (16)''. + (2) Section 6103(p)(3)(A) of such Code, as so amended, is + further amended by striking ``(12),'' and inserting ``(12), + (13)(A), (13)(B), (13)(C), (13)(D)(i)''. + (3) Section 6103(p)(4) of such Code, as so amended, is further + amended by striking ``(13) or (16)'' each place it appears and + inserting ``(13), or (16)''. + (4) Section 6103(p)(4) of such Code, as so amended and as + amended by paragraph (3), is further amended by striking ``(13)'' + each place it appears and inserting ``(13)(A), (13)(B), (13)(C), + (13)(D)(i)''. + (5) Section 6103(l)(13)(C)(ii) of such Code, as added by the + FUTURE Act (Public Law 116-91), is amended by striking ``section + 236A(e)(4)'' and inserting ``section 263A(e)(4)''. + (b) Effective Date.--The amendments made by this section shall +apply as if included in the enactment of the FUTURE Act (Public Law +116-91). +SEC. 3517. WAIVER AUTHORITY AND REPORTING REQUIREMENT FOR INSTITUTIONAL +AID. + (a) Waiver Authority.--Notwithstanding any other provision of the +Higher Education Act of 1965 (U.S.C. 1001 et seq.), unless enacted with +specific reference to this section, for any institution of higher +education that was receiving assistance under title III, title V, or +subpart 4 of part A of title VII of such Act (20 U.S.C. 1051 et seq.; +1101 et seq.; 1136a et seq.) at the time of a qualifying emergency, the +Secretary may, for the period beginning on the first day of the +qualifying emergency and ending on September 30 of the fiscal year +following the end of the qualifying emergency-- + (1) waive-- + (A) the eligibility data requirements set forth in section + 391(d) and 521(e) of the Higher Education Act of 1965 (20 + U.S.C. 1068(d); 1103(e)); + (B) the wait-out period set forth in section 313(d) of the + Higher Education Act of 1965 (20 U.S.C. 1059(d)); + (C) the allotment requirements under paragraphs (2) and (3) + of subsection 318(e) of the Higher Education Act of 1965 (20 + U.S.C. 1059e(e)), and the reference to ``the academic year + preceding the beginning of that fiscal year'' under such + section 318(e)(1); + (D) the allotment requirements under subsections (b), (c), + and (g) of section 324 of the Higher Education Act of 1965 (20 + U.S.C. 1063), the reference to ``the end of the school year + preceding the beginning of that fiscal year'' under such + section 324(a), and the reference to ``the academic year + preceding such fiscal year'' under such section 324(h); + (E) subparagraphs (A), (C), (D), and (E) of section + 326(f)(3) of the Higher Education Act of 1965 (20 U.S.C. + 1063b(f)(3)), and references to ``previous year'' under such + section 326(f)(3)(B); + (F) subparagraphs (A), (C), (D), and (E) of section + 723(f)(3) and subparagraphs (A), (C), (D), and (E) of section + 724(f)(3) of the Higher Education Act of 1965 (20 U.S.C. + 1136a(f)(3); 1136b(f)(3)), and references to ``previous + academic year'' under subparagraph (B) of such sections + 723(f)(3) and 724(f)(3); and + (G) the allotment restriction set forth in section + 318(d)(4) and section 323(c)(2) of the Higher Education Act of + 1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and + (2) waive or modify any statutory or regulatory provision to + ensure that institutions that were receiving assistance under title + III, title V, or subpart 4 of part A of title VII of such Act (20 + U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a + qualifying emergency are not adversely affected by any formula + calculation for fiscal year 2020 and for the period beginning on + the first day of the qualifying emergency and ending on September + 30 of the fiscal year following the end of the qualifying + emergency, as necessary. + (b) Use of Unexpended Funds.--Any funds paid to an institution +under title III, title V, or subpart 4 of part A of title VII of the +Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101 et seq.; +1136a et seq.) and not expended or used for the purposes for which the +funds were paid to the institution during the 5-year period following +the date on which the funds were first paid to the institution, may be +carried over and expended during the succeeding 5-year period. + (c) Report.--Not later than 180 days after the date of enactment of +this Act, and every 180 days thereafter for the period beginning on the +first day of the qualifying emergency and ending on September 30 of the +fiscal year following the end of the qualifying emergency, the +Secretary shall submit to the authorizing committees (as defined in +section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a +report that identifies each institution that received a waiver or +modification under this section. +SEC. 3518. AUTHORIZED USES AND OTHER MODIFICATIONS FOR GRANTS. + (a) In General.--The Secretary is authorized to modify the required +and allowable uses of funds for grants awarded under part A or B of +title III, chapter I or II of subpart 2 of part A of title IV, title V, +or subpart 4 of part A of title VII of the Higher Education Act of 1965 +(20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a-11 et seq.; 1070a-21 et +seq.; 1101 et seq.; 1136a et seq.) to an institution of higher +education or other grant recipient (not including individual recipients +of Federal student financial assistance), at the request of an +institution of higher education or other recipient of a grant (not +including individual recipients of Federal student financial +assistance) as a result of a qualifying emergency, for the period +beginning on the first day of the qualifying emergency and ending on +September 30 of the fiscal year following the end of the qualifying +emergency. + (b) Matching Requirement Modifications.--Notwithstanding any other +provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), +the Secretary is authorized to modify any Federal share or other +financial matching requirement for a grant awarded on a competitive +basis or a grant awarded under part A or B of title III or subpart 4 of +part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057 +et seq.; 1060 et seq.; 1136a et seq.) at the request of an institution +of higher education or other grant recipient as a result of a +qualifying emergency, for the period beginning on the first day of the +qualifying emergency and ending on September 30 of the fiscal year +following the end of the qualifying emergency. + (c) Reports.--Not later than 180 days after the date of enactment +of this Act, and every 180 days thereafter for the duration of the +period beginning on the first day of the qualifying emergency and +ending on September 30 of the fiscal year following the end of the +qualifying emergency, the Secretary shall submit to the authorizing +committees (as defined in section 103 of the Higher Education Act of +1965 (20 U.S.C. 1003)) a report that identifies each institution of +higher education or other grant recipient that received a modification +under this section. +SEC. 3519. SERVICE OBLIGATIONS FOR TEACHERS. + (a) Teach Grants.--For the purpose of section 420N of the Higher +Education Act of 1965 (20 U.S.C. 1070g-2), during a qualifying +emergency, the Secretary-- + (1) may modify the categories of extenuating circumstances + under which a recipient of a grant under subpart 9 of part A of + title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et + seq.) who is unable to fulfill all or part of the recipient's + service obligation may be excused from fulfilling that portion of + the service obligation; and + (2) shall consider teaching service that, as a result of a + qualifying emergency, is part-time or temporarily interrupted, to + be full-time service and to fulfill the service obligations under + such section 420N. + (b) Teacher Loan Forgiveness.--Notwithstanding section 428J or 460 +of the Higher Education Act of 1965 (20 U.S.C. 1078-10; 1087j), the +Secretary shall waive the requirements under such sections that years +of teaching service shall be consecutive if-- + (1) the teaching service of a borrower is temporarily + interrupted due to a qualifying emergency; and + (2) after the temporary interruption due to a qualifying + emergency, the borrower resumes teaching service and completes a + total of 5 years of qualifying teaching service under such + sections, including qualifying teaching service performed before, + during, and after such qualifying emergency. + + Subtitle C--Labor Provisions + +SEC. 3601. LIMITATION ON PAID LEAVE. + Section 110(b)(2)(B) of the Family and Medical Leave Act of 1993 +(as added by the Emergency Family and Medical Leave Expansion Act) is +amended by striking clause (ii) and inserting the following: + ``(ii) Limitation.--An employer shall not be required + to pay more than $200 per day and $10,000 in the aggregate + for each employee for paid leave under this section.''. +SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION. + Section 5102 of the Emergency Paid Sick Leave Act (division E of +the Families First Coronavirus Response Act) is amended by adding at +the end the following: + ``(f) Limitations.--An employer shall not be required to pay more +than either-- + ``(1) $511 per day and $5,110 in the aggregate for each + employee, when the employee is taking leave for a reason described + in paragraph (1), (2), or (3) of section 5102(a); or + ``(2) $200 per day and $2,000 in the aggregate for each + employee, when the employee is taking leave for a reason described + in paragraph (4), (5), or (6) of section 5102(a).''. +SEC. 3603. UNEMPLOYMENT INSURANCE. + Section 903(h)(2)(B) of the Social Security Act (42 U.S.C. +1103(h)(2)(B)), as added by section 4102 of the Emergency Unemployment +Insurance Stabilization and Access Act of 2020, is amended to read as +follows: + ``(B) The State ensures that applications for unemployment + compensation, and assistance with the application process, are + accessible, to the extent practicable in at least two of the + following: in person, by phone, or online.''. +SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE. + (a) Family and Medical Leave Act of 1993.--Section 110(a) of title +I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) +(as added by division C of the Families First Coronavirus Response Act) +is amended by adding at the end the following new paragraph: + ``(4) The Director of the Office of Management and Budget shall + have the authority to exclude for good cause from the requirements + under subsection (b) certain employers of the United States + Government with respect to certain categories of Executive Branch + employees.''. + (b) Emergency Paid Sick Leave Act.--The Emergency Paid Sick Leave +Act (division E of the Families First Coronavirus Response Act) is +amended by adding at the end the following new section: +``SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES. + ``The Director of the Office of Management and Budget shall have +the authority to exclude for good cause from the definition of employee +under section 5110(1) certain employees described in subparagraphs (E) +and (F) of such section, including by exempting certain United States +Government employers covered by section 5110(2)(A)(i)(V) from the +requirements of this title with respect to certain categories of +Executive Branch employees.''. +SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES. + Section 110(a)(1)(A) of the Family and Medical Leave Act of 1993, +as added by section 3102 of the Emergency Family and Medical Leave +Expansion Act, is amended to read as follows: + ``(A) Eligible employee.-- + ``(i) In general.--In lieu of the definition in + sections 101(2)(A) and 101(2)(B)(ii), the term `eligible + employee' means an employee who has been employed for at + least 30 calendar days by the employer with respect to whom + leave is requested under section 102(a)(1)(F). + ``(ii) Rule regarding rehired employees.--For purposes + of clause (i), the term `employed for at least 30 calendar + days', used with respect to an employee and an employer + described in clause (i), includes an employee who was laid + off by that employer not earlier than March 1, 2020, had + worked for the employer for not less than 30 of the last 60 + calendar days prior to the employee's layoff, and was + rehired by the employer.''. +SEC. 3606. ADVANCE REFUNDING OF CREDITS. + (a) Payroll Credit for Required Paid Sick Leave.--Section 7001 of +division G of the Families First Coronavirus Response Act is amended-- + (1) in subsection (b)(4)(A)-- + (A) by striking ``(A) In general.--If the amount'' and + inserting ``(A)(i) Credit is refundable.--If the amount''; and + (B) by adding at the end the following: + ``(ii) Advancing credit.--In anticipation of the + credit, including the refundable portion under clause (i), + the credit may be advanced, according to forms and + instructions provided by the Secretary, up to an amount + calculated under subsection (a), subject to the limits + under subsection (b), both calculated through the end of + the most recent payroll period in the quarter.''; + (2) in subsection (f)-- + (A) in paragraph (4), by striking ``, and'' and inserting a + comma; + (B) in paragraph (5), by striking the period at the end and + inserting ``, and''; and + (C) by adding at the end the following: + ``(6) regulations or other guidance to permit the advancement + of the credit determined under subsection (a).''; and + (3) by inserting after subsection (h) the following new + subsection: + ``(i) Treatment of Deposits.--The Secretary of the Treasury (or the +Secretary's delegate) shall waive any penalty under section 6656 of the +Internal Revenue Code of 1986 for any failure to make a deposit of the +tax imposed by section 3111(a) or 3221(a) of such Code if the Secretary +determines that such failure was due to the anticipation of the credit +allowed under this section.''. + (b) Payroll Credit for Required Paid Family Leave.--Section 7003 of +division G of the Families First Coronavirus Response Act is amended-- + (1) in subsection (b)(3)-- + (A) by striking ``If the amount'' and inserting ``(A) + Credit is refundable.--If the amount''; and + (B) by adding at the end the following: + ``(B) Advancing credit.--In anticipation of the credit, + including the refundable portion under subparagraph (A), the + credit may be advanced, according to forms and instructions + provided by the Secretary, up to an amount calculated under + subsection (a), subject to the limits under subsection (b), + both calculated through the end of the most recent payroll + period in the quarter.''; + (2) in subsection (f)-- + (A) in paragraph (4), by striking ``, and'' and inserting a + comma; + (B) in paragraph (5), by striking the period at the end and + inserting ``, and''; and + (C) by adding at the end the following: + ``(6) regulations or other guidance to permit the advancement + of the credit determined under subsection (a).''; and + (c) by inserting after subsection (h) the following new subsection: + ``(i) Treatment of Deposits.--The Secretary of the Treasury (or the +Secretary's delegate) shall waive any penalty under section 6656 of the +Internal Revenue Code of 1986 for any failure to make a deposit of the +tax imposed by section 3111(a) or 3221(a) of such Code if the Secretary +determines that such failure was due to the anticipation of the credit +allowed under this section.''. +SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN DEADLINES. + Section 518 of the Employee Retirement Income Security Act of 1974 +(29 U.S.C. 1148) is amended by striking ``or a terroristic or military +action (as defined in section 692(c)(2) of such Code), the Secretary +may'' and inserting ``a terroristic or military action (as defined in +section 692(c)(2) of such Code), or a public health emergency declared +by the Secretary of Health and Human Services pursuant to section 319 +of the Public Health Service Act, the Secretary may''. +SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING RULES. + (a) Delay in Payment of Minimum Required Contributions.--In the +case of any minimum required contribution (as determined under section +430(a) of the Internal Revenue Code of 1986 and section 303(a) of the +Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(a))) +which (but for this section) would otherwise be due under section +430(j) of such Code (including quarterly contributions under paragraph +(3) thereof) and section 303(j) of such Act (29 U.S.C. 1083(j)) +(including quarterly contributions under paragraph (3) thereof) during +calendar year 2020-- + (1) the due date for such contributions shall be January 1, + 2021, and + (2) the amount of each such minimum required contribution shall + be increased by interest accruing for the period between the + original due date (without regard to this section) for the + contribution and the payment date, at the effective rate of + interest for the plan for the plan year which includes such payment + date. + (b) Benefit Restriction Status.--For purposes of section 436 of the +Internal Revenue Code of 1986 and section 206(g) of the Employee +Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)), a plan +sponsor may elect to treat the plan's adjusted funding target +attainment percentage for the last plan year ending before January 1, +2020, as the adjusted funding target attainment percentage for plan +years which include calendar year 2020. +SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY +PENSION PLAN RULES TO CERTAIN CHARITABLE EMPLOYERS WHOSE PRIMARY EXEMPT +PURPOSE IS PROVIDING SERVICES WITH RESPECT TO MOTHERS AND CHILDREN. + (a) Employee Retirement Income Security Act of 1974.--Section +210(f)(1) of the Employee Retirement Income Security Act of 1974 (29 +U.S.C. 1060(f)(1)) is amended-- + (1) by striking ``or'' at the end of subparagraph (B); + (2) by striking the period at the end of subparagraph (C)(iv) + and inserting ``; or''; and + (3) by inserting after subparagraph (C) the following new + subparagraph: + ``(D) that, as of January 1, 2000, was maintained by an + employer-- + ``(i) described in section 501(c)(3) of the Internal + Revenue Code of 1986, + ``(ii) who has been in existence since at least 1938, + ``(iii) who conducts medical research directly or + indirectly through grant making, and + ``(iv) whose primary exempt purpose is to provide + services with respect to mothers and children.''. + (b) Internal Revenue Code of 1986.--Section 414(y)(1) of the +Internal Revenue Code of 1986 is amended-- + (1) by striking ``or'' at the end of subparagraph (B); + (2) by striking the period at the end of subparagraph (C)(iv) + and inserting ``; or''; and + (3) by inserting after subparagraph (C) the following new + subparagraph: + ``(D) that, as of January 1, 2000, was maintained by an + employer-- + ``(i) described in section 501(c)(3), + ``(ii) who has been in existence since at least 1938, + ``(iii) who conducts medical research directly or + indirectly through grant making, and + ``(iv) whose primary exempt purpose is to provide + services with respect to mothers and children.''. + (c) Effective Date.--The amendments made by this section shall +apply to plan years beginning after December 31, 2018. +SEC. 3610. FEDERAL CONTRACTOR AUTHORITY. + Notwithstanding any other provision of law, and subject to the +availability of appropriations, funds made available to an agency by +this Act or any other Act may be used by such agency to modify the +terms and conditions of a contract, or other agreement, without +consideration, to reimburse at the minimum applicable contract billing +rates not to exceed an average of 40 hours per week any paid leave, +including sick leave, a contractor provides to keep its employees or +subcontractors in a ready state, including to protect the life and +safety of Government and contractor personnel, but in no event beyond +September 30, 2020. Such authority shall apply only to a contractor +whose employees or subcontractors cannot perform work on a site that +has been approved by the Federal Government, including a federally- +owned or leased facility or site, due to facility closures or other +restrictions, and who cannot telework because their job duties cannot +be performed remotely during the public health emergency declared on +January 31, 2020 for COVID-19: Provided, That the maximum reimbursement +authorized by this section shall be reduced by the amount of credit a +contractor is allowed pursuant to division G of Public Law 116-127 and +any applicable credits a contractor is allowed under this Act. +SEC. 3611. TECHNICAL CORRECTIONS. + (1) Section 110(a)(3) of the Family and Medical Leave Act of + 1993 (as added by the Emergency and Medical Leave Expansion Act) is + amended by striking ``553(d)(A)'' and inserting ``553(d)(3)''. + (2) Section 5111 of the Emergency Paid Sick Leave Act (division + E of the Families First Coronavirus Response Act) is amended by + striking ``553(d)(A)'' and inserting ``553(d)(3)''. + (3) Section 110(c) of the Family and Medical Leave Act of 1993 + (as added by the Emergency and Medical Leave Expansion Act) is + amended by striking ``subsection (a)(2)(A)(iii)'' and inserting + ``subsection (a)(2)(A)''. + (4) Section 3104 of the Emergency Family and Medical Leave + Expansion Act (division C of the Families First Coronavirus + Response Act) is amended-- + (A) by striking ``110(a)(B)'' and inserting ``section + 110(a)(1)(B) of the Family and Medical Leave Act of 1993''; and + (B) by striking ``section 107(a) for a violation of section + 102(a)(1)(F) if the employer does not meet the definition of + employer set forth in Section 101(4)(A)(i)'' and inserting + ``section 107(a) of such Act for a violation of section + 102(a)(1)(F) of such Act if the employer does not meet the + definition of employer set forth in section 101(4)(A)(i) of + such Act''. + (5) Section 5110(1) of the Emergency Paid Sick Leave Act + (division E of the Families First Coronavirus Response Act) is + amended-- + (A) in the matter preceding subparagraph (A), by striking + ``terms'' and inserting ``term''; and + (B) in subparagraph (A)(i), by striking ``paragraph + (5)(A)'' and inserting ``paragraph (2)(A)''. + (6) Section 5110(2)(B)(ii) of the Emergency Paid Sick Leave Act + (division E of the Families First Coronavirus Response Act) is + amended by striking ``clause (i)(IV)'' and inserting ``clause + (i)(III)''. + (7) Section 110(a)(3) of the Family and Medical Leave Act of + 1993 (as added by the Emergency and Medical Leave Expansion Act) is + amended-- + (A) by striking ``and'' after the semicolon at the end of + subparagraph (A); + (B) by striking the period at end of subparagraph (B) and + inserting ``; and''; and + (C) by adding at the end the following: + ``(C) as necessary to carry out the purposes of this Act, + including to ensure consistency between this Act and Division E + and Division G of the Families First Coronavirus Response + Act.''. + (8) Section 5104(1) of the Emergency Paid Sick Leave Act + (division E of the Families First Coronavirus Response Act) is + amended by striking ``and'' after the semicolon and inserting + ``or''. + (9) Section 5105 of the Emergency Paid Sick Leave Act (division + E of the Families First Coronavirus Response Act) is amended by + adding at the end the following: + ``(c) Investigations and Collection of Data.--The Secretary of +Labor or his designee may investigate and gather data to ensure +compliance with this Act in the same manner as authorized by sections 9 +and 11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209; 211).''. + + Subtitle D--Finance Committee + +SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES. + (a) In General.--Paragraph (2) of section 223(c) of the Internal +Revenue Code of 1986 is amended by adding at the end the following new +subparagraph: + ``(E) Safe harbor for absence of deductible for + telehealth.--In the case of plan years beginning on or before + December 31, 2021, a plan shall not fail to be treated as a + high deductible health plan by reason of failing to have a + deductible for telehealth and other remote care services.''. + (b) Certain Coverage Disregarded.--Clause (ii) of section +223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by +striking ``or long-term care'' and inserting ``long-term care, or (in +the case of plan years beginning on or before December 31, 2021) +telehealth and other remote care''. + (c) Effective Date.--The amendments made by this section shall take +effect on the date of the enactment of this Act. +SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL PRODUCTS AS +QUALIFIED MEDICAL EXPENSES. + (a) HSAs.--Section 223(d)(2) of the Internal Revenue Code of 1986 +is amended-- + (1) by striking the last sentence of subparagraph (A) and + inserting the following: ``For purposes of this subparagraph, + amounts paid for menstrual care products shall be treated as paid + for medical care.''; and + (2) by adding at the end the following new subparagraph: + ``(D) Menstrual care product.--For purposes of this + paragraph, the term `menstrual care product' means a tampon, + pad, liner, cup, sponge, or similar product used by individuals + with respect to menstruation or other genital-tract + secretions.''. + (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by +striking the last sentence and inserting the following: ``For purposes +of this subparagraph, amounts paid for menstrual care products (as +defined in section 223(d)(2)(D)) shall be treated as paid for medical +care.''. + (c) Health Flexible Spending Arrangements and Health Reimbursement +Arrangements.--Section 106 of such Code is amended by striking +subsection (f) and inserting the following new subsection: + ``(f) Reimbursements for Menstrual Care Products.--For purposes of +this section and section 105, expenses incurred for menstrual care +products (as defined in section 223(d)(2)(D)) shall be treated as +incurred for medical care.''. + (d) Effective Dates.-- + (1) Distributions from savings accounts.--The amendment made by + subsections (a) and (b) shall apply to amounts paid after December + 31, 2019. + (2) Reimbursements.--The amendment made by subsection (c) shall + apply to expenses incurred after December 31, 2019. +SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES DURING +EMERGENCY PERIOD. + Section 1135 of the Social Security Act (42 U.S.C. 1320b-5) is +amended-- + (1) in subsection (b)(8), by striking ``to an individual by a + qualified provider (as defined in subsection (g)(3))'' and all that + follows through the period and inserting ``, the requirements of + section 1834(m).''; and + (2) in subsection (g), by striking paragraph (3). +SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY +QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS DURING EMERGENCY +PERIOD. + Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is +amended-- + (1) in the first sentence of paragraph (1), by striking ``The + Secretary'' and inserting ``Subject to paragraph (8), the + Secretary''; + (2) in paragraph (2)(A), by striking ``The Secretary'' and + inserting ``Subject to paragraph (8), the Secretary''; + (3) in paragraph (4)-- + (A) in subparagraph (A), by striking ``The term'' and + inserting ``Subject to paragraph (8), the term''; and + (B) in subparagraph (F)(i), by striking ``The term'' and + inserting ``Subject to paragraph (8), the term''; and + (4) by adding at the end the following new paragraph: + ``(8) Enhancing telehealth services for federally qualified + health centers and rural health clinics during emergency period.-- + ``(A) In general.--During the emergency period described in + section 1135(g)(1)(B)-- + ``(i) the Secretary shall pay for telehealth services + that are furnished via a telecommunications system by a + Federally qualified health center or a rural health clinic + to an eligible telehealth individual enrolled under this + part notwithstanding that the Federally qualified health + center or rural clinic providing the telehealth service is + not at the same location as the beneficiary; + ``(ii) the amount of payment to a Federally qualified + health center or rural health clinic that serves as a + distant site for such a telehealth service shall be + determined under subparagraph (B); and + ``(iii) for purposes of this subsection-- + + ``(I) the term `distant site' includes a Federally + qualified health center or rural health clinic that + furnishes a telehealth service to an eligible + telehealth individual; and + ``(II) the term `telehealth services' includes a + rural health clinic service or Federally qualified + health center service that is furnished using + telehealth to the extent that payment codes + corresponding to services identified by the Secretary + under clause (i) or (ii) of paragraph (4)(F) are listed + on the corresponding claim for such rural health clinic + service or Federally qualified health center service. + + ``(B) Special payment rule.-- + ``(i) In general.--The Secretary shall develop and + implement payment methods that apply under this subsection + to a Federally qualified health center or rural health + clinic that serves as a distant site that furnishes a + telehealth service to an eligible telehealth individual + during such emergency period. Such payment methods shall be + based on payment rates that are similar to the national + average payment rates for comparable telehealth services + under the physician fee schedule under section 1848. + Notwithstanding any other provision of law, the Secretary + may implement such payment methods through program + instruction or otherwise. + ``(ii) Exclusion from fqhc pps calculation and rhc air + calculation.--Costs associated with telehealth services + shall not be used to determine the amount of payment for + Federally qualified health center services under the + prospective payment system under section 1834(o) or for + rural health clinic services under the methodology for all- + inclusive rates (established by the Secretary) under + section 1833(a)(3).''. +SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE VISITS +BETWEEN HOME DIALYSIS PATIENTS AND PHYSICIANS. + Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C. +1395rr(b)(3)(B)) is amended-- + (1) in clause (i), by striking ``clause (ii)'' and inserting + ``clauses (ii) and (iii)''; + (2) in clause (ii), in the matter preceding subclause (I), by + striking ``Clause (i)'' and inserting ``Except as provided in + clause (iii), clause (i)''; and + (3) by adding at the end the following new clause: + ``(iii) The Secretary may waive the provisions of + clause (ii) during the emergency period described in + section 1135(g)(1)(B).''. +SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER PRIOR TO +RECERTIFICATION OF ELIGIBILITY FOR HOSPICE CARE DURING EMERGENCY +PERIOD. + Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C. +1395f(a)(7(D)(i)) is amended-- + (1) by striking ``a hospice'' and inserting ``(I) subject to + subclause (II), a hospice''; and + (2) by inserting after subclause (I), as added by paragraph + (1), the following new subclause: + ``(II) during the emergency period described in section + 1135(g)(1)(B), a hospice physician or nurse practitioner + may conduct a face-to-face encounter required under this + clause via telehealth, as determined appropriate by the + Secretary; and''. +SEC. 3707. ENCOURAGING USE OF TELECOMMUNICATIONS SYSTEMS FOR HOME +HEALTH SERVICES FURNISHED DURING EMERGENCY PERIOD. + With respect to home health services (as defined in section 1861(m) +of the Social Security Act (42 U.S.C. 1395x(m)) that are furnished +during the emergency period described in section 1135(g)(1)(B) of such +Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and Human +Services shall consider ways to encourage the use of telecommunications +systems, including for remote patient monitoring as described in +section 409.46(e) of title 42, Code of Federal Regulations (or any +successor regulations) and other communications or monitoring services, +consistent with the plan of care for the individual, including by +clarifying guidance and conducting outreach, as appropriate. +SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES. + (a) Part A Provisions.--Section 1814(a) of the Social Security Act +(42 U.S.C. 1395f(a)) is amended-- + (1) in paragraph (2)-- + (A) in the matter preceding subparagraph (A), by inserting + ``, a nurse practitioner or clinical nurse specialist (as such + terms are defined in section 1861(aa)(5)) who is working in + accordance with State law, or a physician assistant (as defined + in section 1861(aa)(5)) who is working in accordance with State + law, who is'' after ``in the case of services described in + subparagraph (C), a physician''; and + (B) in subparagraph (C)-- + (i) by inserting ``, a nurse practitioner, a clinical + nurse specialist, or a physician assistant (as the case may + be)'' after ``physician'' the first 2 times it appears; and + (ii) by striking ``, and, in the case of a + certification made by a physician'' and all that follows + through ``face-to-face encounter'' and inserting ``, and, + in the case of a certification made by a physician after + January 1, 2010, or by a nurse practitioner, clinical nurse + specialist, or physician assistant (as the case may be) + after a date specified by the Secretary (but in no case + later than the date that is 6 months after the date of the + enactment of the CARES Act), prior to making such + certification a physician, nurse practitioner, clinical + nurse specialist, or physician assistant must document that + a physician, nurse practitioner, clinical nurse specialist, + certified nurse-midwife (as defined in section 1861(gg)) as + authorized by State law, or physician assistant has had a + face-to-face encounter''; + (2) in the third sentence-- + (A) by striking ``physician certification'' and inserting + ``certification''; + (B) by inserting ``(or in the case of regulations to + implement the amendments made by section 3708 of the CARES Act, + the Secretary shall prescribe regulations, which shall become + effective no later than 6 months after the date of the + enactment of such Act)'' after ``1981''; and + (C) by striking ``a physician who'' and inserting ``a + physician, nurse practitioner, clinical nurse specialist, or + physician assistant who''; + (3) in the fourth sentence, by inserting ``, nurse + practitioner, clinical nurse specialist, or physician assistant'' + after ``physician''; and + (4) in the fifth sentence-- + (A) by inserting ``or no later than 6 months after the date + of the enactment of the CARES Act for purposes of documentation + for certification and recertification made under paragraph (2) + by a nurse practitioner, clinical nurse specialist, or + physician assistant,'' after ``January 1, 2019''; and + (B) by inserting ``, nurse practitioner, clinical nurse + specialist, or physician assistant'' after ``of the + physician''. + (b) Part B Provisions.--Section 1835(a) of the Social Security Act +(42 U.S.C. 1395n(a)) is amended-- + (1) in paragraph (2)-- + (A) in the matter preceding subparagraph (A), by inserting + ``, a nurse practitioner or clinical nurse specialist (as those + terms are defined in section 1861(aa)(5)) who is working in + accordance with State law, or a physician assistant (as defined + in section 1861(aa)(5)) who is working in accordance with State + law, who is'' after ``in the case of services described in + subparagraph (A), a physician''; and + (B) in subparagraph (A)-- + (i) in each of clauses (ii) and (iii) of subparagraph + (A) by inserting ``, a nurse practitioner, a clinical nurse + specialist, or a physician assistant (as the case may be)'' + after ``physician''; and + (ii) in clause (iv), by striking ``after January 1, + 2010'' and all that follows through ``face-to-face + encounter'' and inserting ``made by a physician after + January 1, 2010, or by a nurse practitioner, clinical nurse + specialist, or physician assistant (as the case may be) + after a date specified by the Secretary (but in no case + later than the date that is 6 months after the date of the + enactment of the CARES Act), prior to making such + certification a physician, nurse practitioner, clinical + nurse specialist, or physician assistant must document that + a physician, nurse practitioner, clinical nurse specialist, + certified nurse-midwife (as defined in section 1861(gg)) as + authorized by State law, or physician assistant has had a + face-to-face encounter''; + (2) in the third sentence, by inserting ``, nurse practitioner, + clinical nurse specialist, or physician assistant (as the case may + be)'' after physician; + (3) in the fourth sentence-- + (A) by striking ``physician certification'' and inserting + ``certification''; + (B) by inserting ``(or in the case of regulations to + implement the amendments made by section 3708 of the CARES Act + the Secretary shall prescribe regulations which shall become + effective no later than 6 months after the enactment of such + Act)'' after ``1981''; and + (C) by striking ``a physician who'' and inserting ``a + physician, nurse practitioner, clinical nurse specialist, or + physician assistant who''; + (4) in the fifth sentence, by inserting ``, nurse practitioner, + clinical nurse specialist, or physician assistant'' after + ``physician''; and + (5) in the sixth sentence-- + (A) by inserting ``or no later than 6 months after the date + of the enactment of the CARES Act for purposes of documentation + for certification and recertification made under paragraph (2) + by a nurse practitioner, clinical nurse specialist, or + physician assistant,'' after ``January 1, 2019''; and + (B) by inserting ``, nurse practitioner, clinical nurse + specialist, or physician assistant'' after ``of the + physician''. + (c) Definition Provisions.-- + (1) Home health services.--Section 1861(m) of the Social + Security Act (42 U.S.C. 1395x(m)) is amended-- + (A) in the matter preceding paragraph (1)-- + (i) by inserting ``, a nurse practitioner or a clinical + nurse specialist (as those terms are defined in subsection + (aa)(5)), or a physician assistant (as defined in + subsection (aa)(5))'' after ``physician'' the first place + it appears; and + (ii) by inserting ``, a nurse practitioner, a clinical + nurse specialist, or a physician assistant'' after + ``physician'' the second place it appears; and + (B) in paragraph (3), by inserting ``, a nurse + practitioner, a clinical nurse specialist, or a physician + assistant'' after ``physician''. + (2) Home health agency.--Section 1861(o)(2) of the Social + Security Act (42 U.S.C. 1395x(o)(2)) is amended-- + (A) by inserting ``, nurse practitioners or clinical nurse + specialists (as those terms are defined in subsection (aa)(5)), + certified nurse-midwives (as defined in subsection (gg)), or + physician assistants (as defined in subsection (aa)(5))'' after + ``physicians''; and + (B) by inserting ``, nurse practitioner, clinical nurse + specialist, certified nurse-midwife, physician assistant,'' + after ``physician''. + (3) Covered osteoporosis drug.--Section 1861(kk)(1) of the + Social Security Act (42 U.S.C. 1395x(kk)(1)) is amended by + inserting ``, nurse practitioner or clinical nurse specialist (as + those terms are defined in subsection (aa)(5)), certified nurse- + midwife (as defined in subsection (gg)), or physician assistant (as + defined in subsection (aa)(5))'' after ``attending physician''. + (d) Home Health Prospective Payment System Provisions.--Section +1895 of the Social Security Act (42 U.S.C. 1395fff) is amended-- + (1) in subsection (c)(1)-- + (A) by striking ``(provided under section 1842(r))''; and + (B) by inserting ``the nurse practitioner or clinical nurse + specialist (as those terms are defined in section 1861(aa)(5)), + or the physician assistant (as defined in section + 1861(aa)(5))'' after ``physician''; and + (2) in subsection (e)-- + (A) in paragraph (1)(A), by inserting ``a nurse + practitioner or clinical nurse specialist, or a physician + assistant'' after ``physician''; and + (B) in paragraph (2)-- + (i) in the heading, by striking ``Physician + certification'' and inserting ``Rule of construction + regarding requirement for certification''; and + (ii) by striking ``physician''. + (e) Application to Medicaid.--The amendments made under this +section shall apply under title XIX of the Social Security Act in the +same manner and to the same extent as such requirements apply under +title XVIII of such Act or regulations promulgated thereunder. + (f) Effective Date.--The Secretary of Health and Human Services +shall prescribe regulations to apply the amendments made by this +section to items and services furnished, which shall become effective +no later than 6 months after the date of the enactment of this +legislation. The Secretary shall promulgate an interim final rule if +necessary, to comply with the required effective date. +SEC. 3709. ADJUSTMENT OF SEQUESTRATION. + (a) Temporary Suspension of Medicare Sequestration.--During the +period beginning on May 1, 2020 and ending on December 31, 2020, the +Medicare programs under title XVIII of the Social Security Act (42 +U.S.C. 1395 et seq.) shall be exempt from reduction under any +sequestration order issued before, on, or after the date of enactment +of this Act. + (b) Extension of Direct Spending Reductions Through Fiscal Year +2030.--Section 251A(6) of the Balanced Budget and Emergency Deficit +Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- + (1) in subparagraph (B), in the matter preceding clause (i), by + striking ``through 2029'' and inserting ``through 2030''; and + (2) in subparagraph (C), in the matter preceding clause (i), by + striking ``fiscal year 2029'' and inserting ``fiscal year 2030''. +SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT SYSTEM ADD- +ON PAYMENT FOR COVID-19 PATIENTS DURING EMERGENCY PERIOD. + (a) In General.--Section 1886(d)(4)(C) of the Social Security Act +(42 U.S.C. 1395ww(d)(4)(C)) is amended by adding at the end the +following new clause: + ``(iv)(I) For discharges occurring during the emergency period +described in section 1135(g)(1)(B), in the case of a discharge of an +individual diagnosed with COVID-19, the Secretary shall increase the +weighting factor that would otherwise apply to the diagnosis-related +group to which the discharge is assigned by 20 percent. The Secretary +shall identify a discharge of such an individual through the use of +diagnosis codes, condition codes, or other such means as may be +necessary. + ``(II) Any adjustment under subclause (I) shall not be taken into +account in applying budget neutrality under clause (iii) + ``(III) In the case of a State for which the Secretary has waived +all or part of this section under the authority of section 1115A, +nothing in this section shall preclude such State from implementing an +adjustment similar to the adjustment under subclause (I).''. + (b) Implementation.--Notwithstanding any other provision of law, +the Secretary may implement the amendment made by subsection (a) by +program instruction or otherwise. +SEC. 3711. INCREASING ACCESS TO POST-ACUTE CARE DURING EMERGENCY +PERIOD. + (a) Waiver of IRF 3-hour Rule.--With respect to inpatient +rehabilitation services furnished by a rehabilitation facility +described in section 1886(j)(1) of the Social Security Act (42 U.S.C. +1395ww(j)(1)) during the emergency period described in section +1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), +the Secretary of Health and Human Services shall waive section +412.622(a)(3)(ii) of title 42, Code of Federal Regulations (or any +successor regulations), relating to the requirement that patients of an +inpatient rehabilitation facility receive at least 15 hours of therapy +per week. + (b) Waiver of Site-neutral Payment Rate Provisions for Long-term +Care Hospitals.--With respect to inpatient hospital services furnished +by a long-term care hospital described in section 1886(d)(1)(B)(iv) of +the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) during the +emergency period described in section 1135(g)(1)(B) of the Social +Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and +Human Services shall waive the following provisions of section +1886(m)(6) of such Act (42 U.S.C. 1395ww(m)(6)): + (1) LTCH 50-percent rule.--Subparagraph (C)(ii) of such + section, relating to the payment adjustment for long-term care + hospitals that do not have a discharge payment percentage for the + period that is at least 50 percent. + (2) Site-neutral ipps payment rate.--Subparagraph (A)(i) of + such section, relating to the application of the site-neutral + payment rate (and payment shall be made to a long-term care + hospital without regard to such section) for a discharge if the + admission occurs during such emergency period and is in response to + the public health emergency described in such section + 1135(g)(1)(B). +SEC. 3712. REVISING PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER +THE MEDICARE PROGRAM THROUGH DURATION OF EMERGENCY PERIOD. + (a) Rural and Noncontiguous Areas.--The Secretary of Health and +Human Services shall implement section 414.210(g)(9)(iii) of title 42, +Code of Federal Regulations (or any successor regulation), to apply the +transition rule described in such section to all applicable items and +services furnished in rural areas and noncontiguous areas (as such +terms are defined for purposes of such section) as planned through +December 31, 2020, and through the duration of the emergency period +described in section 1135(g)(1)(B) of the Social Security Act (42 +U.S.C. 1320b-5(g)(1)(B)), if longer. + (b) Areas Other Than Rural and Noncontiguous Areas.--With respect +to items and services furnished on or after the date that is 30 days +after the date of the enactment of this Act, the Secretary of Health +and Human Services shall apply section 414.210(g)(9)(iv) of title 42, +Code of Federal Regulations (or any successor regulation), as if the +reference to ``dates of service from June 1, 2018 through December 31, +2020, based on the fee schedule amount for the area is equal to 100 +percent of the adjusted payment amount established under this section'' +were instead a reference to ``dates of service from March 6, 2020, +through the remainder of the duration of the emergency period described +in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b- +5(g)(1)(B)), based on the fee schedule amount for the area is equal to +75 percent of the adjusted payment amount established under this +section and 25 percent of the unadjusted fee schedule amount''. +SEC. 3713. COVERAGE OF THE COVID-19 VACCINE UNDER PART B OF THE +MEDICARE PROGRAM WITHOUT ANY COST-SHARING. + (a) Medical and Other Health Services.--Section 1861(s)(10)(A) of +the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended by +inserting ``, and COVID-19 vaccine and its administration'' after +``influenza vaccine and its administration''. + (b) Part B Deductible.--The first sentence of section 1833(b) of +the Social Security Act (42 U.S.C. 1395l(b)) is amended-- + (1) in paragraph (10), by striking ``and'' at the end; and + (2) in paragraph (11), by striking the period at the end and + inserting ``, and (12) such deductible shall not apply with respect + a COVID-19 vaccine and its administration described in section + 1861(s)(10)(A).''. + (c) Medicare Advantage.--Section 1852(a)(1)(B) of the Social +Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended-- + (1) in clause (iv)-- + (A) by redesignating subclause (VI) as subclause (VII); and + (B) by inserting after subclause (V) the following new + subclause: + + ``(VI) A COVID-19 vaccine and its administration + described in section 1861(s)(10)(A).''; and + + (2) in clause (v), by striking ``subclauses (IV) and (V)'' + inserting ``subclauses (IV), (V), and (VI)''. + (d) Effective Date.--The amendments made by this section shall take +effect on the date of enactment of this Act and shall apply with +respect to a COVID-19 vaccine beginning on the date that such vaccine +is licensed under section 351 of the Public Health Service Act (42 +U.S.C. 262). + (e) Implementation.--Notwithstanding any other provision of law, +the Secretary may implement the provisions of, and the amendments made +by, this section by program instruction or otherwise. +SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD PLANS +TO ALLOW DURING THE COVID-19 EMERGENCY PERIOD FOR FILLS AND REFILLS OF +COVERED PART D DRUGS FOR UP TO A 3-MONTH SUPPLY. + (a) In General.--Section 1860D-4(b) of the Social Security Act (42 +U.S.C. 1395w-104(b)) is amended by adding at the end the following new +paragraph: + ``(4) Ensuring access during covid-19 public health emergency + period.-- + ``(A) In general.--During the emergency period described in + section 1135(g)(1)(B), subject to subparagraph (B), a + prescription drug plan or MA-PD plan shall, notwithstanding any + cost and utilization management, medication therapy management, + or other such programs under this part, permit a part D + eligible individual enrolled in such plan to obtain in a single + fill or refill, at the option of such individual, the total day + supply (not to exceed a 90-day supply) prescribed for such + individual for a covered part D drug. + ``(B) Safety edit exception.--A prescription drug plan or + MA-PD plan may not permit a part D eligible individual to + obtain a single fill or refill inconsistent with an applicable + safety edit.''. + (b) Implementation.--Notwithstanding any other provision of law, +the Secretary of Health and Human Services may implement the amendment +made by this section by program instruction or otherwise. +SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN ACUTE CARE +HOSPITALS. + Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is +amended-- + (1) by inserting ``(1)'' after ``(h)''; + (2) by inserting ``, home and community-based services provided + under subsection (c), (d), or (i) of section 1915 or under a waiver + or demonstration project under section 1115, self-directed personal + assistance services provided pursuant to a written plan of care + under section 1915(j), and home and community-based attendant + services and supports under section 1915(k)'' before the period; + and + (3) by adding at the end the following: + ``(2) Nothing in this title, title XVIII, or title XI shall be +construed as prohibiting receipt of any care or services specified in +paragraph (1) in an acute care hospital that are-- + ``(A) identified in an individual's person-centered service + plan (or comparable plan of care); + ``(B) provided to meet needs of the individual that are not met + through the provision of hospital services; + ``(C) not a substitute for services that the hospital is + obligated to provide through its conditions of participation or + under Federal or State law, or under another applicable + requirement; and + ``(D) designed to ensure smooth transitions between acute care + settings and home and community-based settings, and to preserve the + individual's functional abilities.''. +SEC. 3716. CLARIFICATION REGARDING UNINSURED INDIVIDUALS. + Subsection (ss) of section 1902 of the Social Security Act (42 +U.S.C. 1396a), as added by section 6004(a)(3)(C) of the Families First +Coronavirus Response Act, is amended-- + (1) in paragraph (1), by inserting ``(excluding subclause + (VIII) of such subsection if the individual is a resident of a + State which does not furnish medical assistance to individuals + described in such subclause)'' before the semicolon; and + (2) in paragraph (2), by inserting ``, except that individuals + who are eligible for medical assistance under subsection + (a)(10)(A)(ii)(XII), subsection (a)(10)(A)(ii)(XVIII), subsection + (a)(10)(A)(ii)(XXI), or subsection (a)(10)(C) (but only to the + extent such an individual is considered to not have minimum + essential coverage under section 5000A(f)(1) of the Internal + Revenue Code of 1986), or who are described in subsection (l)(1)(A) + and are eligible for medical assistance only because of subsection + (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) and whose eligibility for + such assistance is limited by the State under clause (VII) in the + matter following subsection (a)(10)(G), shall not be treated as + enrolled in a Federal health care program for purposes of this + paragraph'' before the period at the end. +SEC. 3717. CLARIFICATION REGARDING COVERAGE OF COVID-19 TESTING +PRODUCTS. + Subparagraph (B) of section 1905(a)(3) of the Social Security Act +(42 U.S.C. 1396d(a)(3)), as added by section 6004(a)(1)(C) of the +Families First Coronavirus Response Act (Public Law 116-127), is +amended by striking ``that are approved, cleared, or authorized under +section 510(k), 513, 515 or 564 of the Federal Food, Drug, and Cosmetic +Act''. +SEC. 3718. AMENDMENTS RELATING TO REPORTING REQUIREMENTS WITH RESPECT +TO CLINICAL DIAGNOSTIC LABORATORY TESTS. + (a) Revised Reporting Period for Reporting of Private Sector +Payment Rates for Establishment of Medicare Payment Rates.--Section +1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) +is amended-- + (1) in clause (i), by striking ``December 31, 2020'' and + inserting ``December 31, 2021''; and + (2) in clause (ii)-- + (A) by striking ``January 1, 2021'' and inserting ``January + 1, 2022''; and + (B) by striking ``March 31, 2021'' and inserting ``March + 31, 2022''. + (b) Revised Phase-in of Reductions From Private Payor Rate +Implementation.--Section 1834A(b)(3) of the Social Security Act (42 +U.S.C. 1395m-1(b)(3)) is amended-- + (1) in subparagraph (A), by striking ``through 2023'' and + inserting ``through 2024''; and + (2) in subparagraph (B)-- + (A) in clause (i), by striking ``and'' at the end; + (B) by redesignating clause (ii) as clause (iii); + (C) by inserting after clause (i) the following new clause: + ``(ii) for 2021, 0 percent; and''; and + (D) in clause (iii), as redesignated by subparagraph (B), + by striking ``2021 through 2023'' and inserting ``2022 through + 2024''. +SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL ACCELERATED PAYMENT +PROGRAM DURING THE COVID-19 PUBLIC HEALTH EMERGENCY. + Section 1815 of the Social Security Act (42 U.S.C. 1395g) is +amended-- + (1) in subsection (e)(3), by striking ``In the case'' and + inserting ``Subject to subsection (f), in the case''; and + (2) by adding at the end the following new subsection: + ``(f)(1) During the emergency period described in section +1135(g)(1)(B), the Secretary shall expand the program under subsection +(e)(3) pursuant to paragraph (2). + ``(2) In expanding the program under subsection (e)(3), the +following shall apply: + ``(A)(i) In addition to the hospitals described in subsection + (e)(3), the following hospitals shall be eligible to participate in + the program: + ``(I) Hospitals described in clause (iii) of section + 1886(d)(1)(B). + ``(II) Hospitals described in clause (v) of such section. + ``(III) Critical access hospitals (as defined in section + 1861(mm)(1)). + ``(ii) Subject to appropriate safeguards against fraud, waste, + and abuse, upon a request of a hospital described in clause (i), + the Secretary shall provide accelerated payments under the program + to such hospital. + ``(B) Upon the request of the hospital, the Secretary may do + any of the following: + ``(i) Make accelerated payments on a periodic or lump sum + basis. + ``(ii) Increase the amount of payment that would otherwise + be made to hospitals under the program up to 100 percent (or, + in the case of critical access hospitals, up to 125 percent). + ``(iii) Extend the period that accelerated payments cover + so that it covers up to a 6-month period. + ``(C) Upon the request of the hospital, the Secretary shall do + the following: + ``(i) Provide up to 120 days before claims are offset to + recoup the accelerated payment. + ``(ii) Allow not less than 12 months from the date of the + first accelerated payment before requiring that the outstanding + balance be paid in full. + ``(3) Nothing in this subsection shall preclude the Secretary from +carrying out the provisions described in clauses (i), (ii), and (iii) +of paragraph (2)(B) and clauses (i) and (ii) of paragraph (2)(C) under +the program under subsection (e)(3) after the period for which this +subsection applies. + ``(4) Notwithstanding any other provision of law, the Secretary may +implement the provisions of this subsection by program instruction or +otherwise.''. +SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED FMAP TO ENABLE STATE +LEGISLATION NECESSARY FOR COMPLIANCE. + Section 6008 of the Families First Coronavirus Response Act is +amended by adding at the end the following new subsection: + ``(d) Delay in Application of Premium Requirement.--During the 30 +day period beginning on the date of enactment of this Act, a State +shall not be ineligible for the increase to the Federal medical +assistance percentage of the State described in subsection (a) on the +basis that the State imposes a premium that violates the requirement of +subsection (b)(2) if such premium was in effect on the date of +enactment of this Act.''. + + Subtitle E--Health and Human Services Extenders + + PART I--MEDICARE PROVISIONS + +SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE +MEDICARE PROGRAM. + Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w- +4(e)(1)(E)) is amended by striking ``May 23, 2020'' and inserting +``December 1, 2020''. +SEC. 3802. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, +AND SELECTION. + (a) In General.--Section 1890(d)(2) of the Social Security Act (42 +U.S.C. 1395aaa(d)(2)) is amended-- + (1) in the first sentence, by striking ``and $4,830,000 for the + period beginning on October 1, 2019, and ending on May 22, 2020'' + and inserting ``$20,000,000 for fiscal year 2020, and for the + period beginning on October 1, 2020, and ending on November 30, + 2020, the amount equal to the pro rata portion of the amount + appropriated for such period for fiscal year 2020''; and + (2) in the third sentence, by striking ``and 2019 and for the + period beginning on October 1, 2019, and ending on May 22, 2020'' + and inserting ``, 2019, and 2020, and for the period beginning on + October 1, 2020, and ending on November 30, 2020,''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect as if included in the enactment of the Further Consolidated +Appropriations Act, 2020 (Public Law 116-94). +SEC. 3803. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME +PROGRAMS. + (a) Funding Extensions.-- + (1) Additional funding for state health insurance programs.-- + Subsection (a)(1)(B) of section 119 of the Medicare Improvements + for Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as + amended by section 3306 of the Patient Protection and Affordable + Care Act (Public Law 111-148), section 610 of the American Taxpayer + Relief Act of 2012 (Public Law 112-240), section 1110 of the + Pathway for SGR Reform Act of 2013 (Public Law 113-67), section 110 + of the Protecting Access to Medicare Act of 2014 (Public Law 113- + 93), section 208 of the Medicare Access and CHIP Reauthorization + Act of 2015 (Public Law 114-10), section 50207 of division E of the + Bipartisan Budget Act of 2018 (Public Law 115-123), section 1402 of + division B of the Continuing Appropriations Act, 2020, and Health + Extenders Act of 2019 (Public Law 116-59), section 1402 of division + B of the Further Continuing Appropriations Act, 2020, and Further + Health Extenders Act of 2019 (Public Law 116-69), and section 103 + of division N of the Further Consolidated Appropriations Act, 2020 + (Public Law 116-94) is amended by striking clauses (x) through + (xii) and inserting the following new clauses: + ``(x) for fiscal year 2020, of $13,000,000; and + ``(xi) for the period beginning on October 1, 2020, and + ending on November 30, 2020, the amount equal to the pro + rata portion of the amount appropriated for such period for + fiscal year 2020.''. + (2) Additional funding for area agencies on aging.--Subsection + (b)(1)(B) of such section 119, as so amended, is amended by + striking clauses (x) through (xii) and inserting the following new + clauses: + ``(x) for fiscal year 2020, of $7,500,000; and + ``(xi) for the period beginning on October 1, 2020, and + ending on November 30, 2020, the amount equal to the pro + rata portion of the amount appropriated for such period for + fiscal year 2020.''. + (3) Additional funding for aging and disability resource + centers.--Subsection (c)(1)(B) of such section 119, as so amended, + is amended by striking clauses (x) through (xii) and inserting the + following new clauses: + ``(x) for fiscal year 2020, of $5,000,000; and + ``(xi) for the period beginning on October 1, 2020, and + ending on November 30, 2020, the amount equal to the pro + rata portion of the amount appropriated for such period for + fiscal year 2020.''. + (4) Additional funding for contract with the national center + for benefits and outreach enrollment.--Subsection (d)(2) of such + section 119, as so amended, is amended by striking clauses (x) + through (xii) and inserting the following new clauses: + ``(x) for fiscal year 2020, of $12,000,000; and + ``(xi) for the period beginning on October 1, 2020, and + ending on November 30, 2020, the amount equal to the pro + rata portion of the amount appropriated for such period for + fiscal year 2020.''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect as if included in the enactment of the Further Consolidated +Appropriations Act, 2020 (Public Law 116-94). + + PART II--MEDICAID PROVISIONS + +SEC. 3811. EXTENSION OF THE MONEY FOLLOWS THE PERSON REBALANCING +DEMONSTRATION PROGRAM. + Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. +1396a note) is amended-- + (1) in paragraph (1), by striking subparagraph (G) and + inserting the following: + ``(G) subject to paragraph (3), $337,500,000 for the period + beginning on January 1, 2020, and ending on September 30, 2020; + and + ``(H) subject to paragraph (3), for the period beginning on + October 1, 2020, and ending on November 30, 2020, the amount + equal to the pro rata portion of the amount appropriated for + such period for fiscal year 2020.''; and + (2) in paragraph (3), by striking ``and (G)'' and inserting ``, + (G), and (H)''. +SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS. + (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. +1396r-5 note) is amended by striking ``May 22, 2020'' and inserting +``November 30, 2020''. + (b) Rule of Construction.--Nothing in section 2404 of Public Law +111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the +Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be +construed as prohibiting a State from-- + (1) applying an income or resource disregard under a + methodology authorized under section 1902(r)(2) of such Act (42 + U.S.C. 1396a(r)(2))-- + (A) to the income or resources of an individual described + in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. + 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income + or resources of such individual's spouse); or + (B) on the basis of an individual's need for home and + community-based services authorized under subsection (c), (d), + (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or + under section 1115 of such Act (42 U.S.C. 1315); or + (2) disregarding an individual's spousal income and assets + under a plan amendment to provide medical assistance for home and + community-based services for individuals by reason of being + determined eligible under section 1902(a)(10)(C) of such Act (42 + U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act + (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of + income based on costs incurred for medical or other remedial care + under which the State disregarded the income and assets of the + individual's spouse in determining the initial and ongoing + financial eligibility of an individual for such services in place + of the spousal impoverishment provisions applied under section 1924 + of such Act (42 U.S.C. 1396r-5). +SEC. 3813. DELAY OF DSH REDUCTIONS. + Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r- +4(f)(7)(A)) is amended-- + (1) in clause (i), in the matter preceding subclause (I), by + striking ``May 23, 2020, and ending September 30, 2020, and for + each of fiscal years 2021'' and inserting ``December 1, 2020, and + ending September 30, 2021, and for each of fiscal years 2022''; and + (2) in clause (ii)-- + (A) in subclause (I), by striking ``May 23, 2020, and + ending September 30, 2020'' and inserting ``December 1, 2020, + and ending September 30, 2021''; and + (B) in subclause (II), by striking ``2021'' and inserting + ``2022''. +SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY MENTAL HEALTH SERVICES +DEMONSTRATION PROGRAM. + (a) In General.--Section 223(d) of the Protecting Access to +Medicare Act of 2014 (42 U.S.C. 1396a note) is amended-- + (1) in paragraph (3)-- + (A) by striking ``Not more than'' and inserting ``Subject + to paragraph (8), not more than''; and + (B) by striking ``May 22, 2020'' and inserting ``November + 30, 2020''; and + (2) by adding at the end the following new paragraph: + ``(8) Additional programs.-- + ``(A) In general.--Not later than 6 months after the date + of enactment of this paragraph, in addition to the 8 States + selected under paragraph (1), the Secretary shall select 2 + States to participate in 2-year demonstration programs that + meet the requirements of this subsection. + ``(B) Selection of states.-- + ``(i) In general.--Subject to clause (ii), in selecting + States under this paragraph, the Secretary-- + + ``(I) shall select States that-- + + ``(aa) were awarded planning grants under + subsection (c); and + ``(bb) applied to participate in the + demonstration programs under this subsection under + paragraph (1) but, as of the date of enactment of + this paragraph, were not selected to participate + under paragraph (1); and + + ``(II) shall use the results of the Secretary's + evaluation of each State's application under paragraph + (1) to determine which States to select, and shall not + require the submission of any additional application. + + ``(C) Requirements for selected states.--Prior to services + being delivered under the demonstration authority in a State + selected under this paragraph, the State shall-- + ``(i) submit a plan to monitor certified community + behavioral health clinics under the demonstration program + to ensure compliance with certified community behavioral + health criteria during the demonstration period; and + ``(ii) commit to collecting data, notifying the + Secretary of any planned changes that would deviate from + the prospective payment system methodology outlined in the + State's demonstration application, and obtaining approval + from the Secretary for any such change before implementing + the change.''. + (b) Limitation.--Section 223(d)(5) of the Protecting Access to +Medicare Act of 2014 (42 U.S.C. 1396a note) is amended-- + (1) in subparagraph (B), in the matter preceding clause (i), by + striking ``The Federal matching'' and inserting ``Subject to + subparagraph (C)(iii), the Federal matching''; and + (2) in subparagraph (C), by adding at the end the following new + clause: + ``(iii) Payments for amounts expended after 2019.--The + Federal matching percentage applicable under subparagraph + (B) to amounts expended by a State participating in the + demonstration program under this subsection shall-- + + ``(I) in the case of a State participating in the + demonstration program as of January 1, 2020, apply to + amounts expended by the State during the 8 fiscal + quarter period (or any portion of such period) that + begins on January 1, 2020; and + ``(II) in the case of a State selected to + participate in the demonstration program under + paragraph (8), during first 8 fiscal quarter period (or + any portion of such period) that the State participates + in a demonstration program.''. + + (c) GAO Study and Report on the Community and Mental Health +Services Demonstration Program.-- + (1) In general.--Not later than 18 months after the date of the + enactment of this Act, the Comptroller General of the United States + shall submit to the Committee on Energy and Commerce of the House + of Representatives and the Committee on Finance of the Senate a + report on the community and mental health services demonstration + program conducted under section 223 of the Protecting Access to + Medicare Act of 2014 (42 U.S.C. 1396a note) (referred to in this + subsection as the ``demonstration program''). + (2) Content of report.--The report required under paragraph (1) + shall include the following information: + (A) Information on States' experiences participating in the + demonstration program, including the extent to which States-- + (i) measure the effects of access to certified + community behavioral health clinics on patient health and + cost of care, including-- + + (I) engagement in treatment for behavioral health + conditions; + (II) relevant clinical outcomes, to the extent + collected; + (III) screening and treatment for comorbid medical + conditions; and + (IV) use of crisis stabilization, emergency + department, and inpatient care. + + (B) Information on Federal efforts to evaluate the + demonstration program, including-- + (i) quality measures used to evaluate the program; + (ii) assistance provided to States on data collection + and reporting; + (iii) assessments of the reliability and usefulness of + State-submitted data; and + (iv) the extent to which such efforts provide + information on the relative quality, scope, and cost of + services as compared with services not provided under the + demonstration program, and in comparison to Medicaid + beneficiaries with mental illness and substance use + disorders not served under the demonstration program. + (C) Recommendations for improvements to the following: + (i) The reporting, accuracy, and validation of + encounter data. + (ii) Accuracy in payments to certified community + behavioral health clinics under State plans or waivers + under title XIX of the Social Security Act (42 U.S.C. 1396 + et seq.). + + PART III--HUMAN SERVICES AND OTHER HEALTH PROGRAMS + +SEC. 3821. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PROGRAM. + Section 510 of the Social Security Act (42 U.S.C. 710) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1), in the matter preceding subparagraph + (A)-- + (i) by striking ``and 2019 and for the period beginning + October 1, 2019, and ending May 22, 2020'' and inserting + ``through 2020 and for the period beginning October 1, + 2020, and ending November 30, 2020''; and + (ii) by striking ``fiscal year 2020'' and inserting + ``fiscal year 2021'' + (B) in paragraph (2)(A)-- + (i) by striking ``and 2019 and for the period beginning + October 1, 2019, and ending May 22, 2020'' and inserting + ``through 2020 and for the period beginning October 1, + 2020, and ending November 30, 2020''; and + (ii) by striking ``fiscal year 2020'' and inserting + ``fiscal year 2021''; and + (2) in subsection (f)(1), by striking ``and 2019 and + $48,287,671 for the period beginning October 1, 2019, and ending + May 22, 2020'' and inserting ``through 2020, and for the period + beginning on October 1, 2020, and ending on November 30, 2020, the + amount equal to the pro rata portion of the amount appropriated for + such period for fiscal year 2020''. +SEC. 3822. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM. + Section 513 of the Social Security Act (42 U.S.C. 713) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) in subparagraph (A), in the matter preceding clause + (i), by striking ``2019 and for the period beginning + October 1, 2019, and ending May 22, 2020'' and inserting + ``2020 and for the period beginning October 1, 2020, and + ending November 30, 2020''; and + (ii) in subparagraph (B)(i), by striking by striking + ``October 1, 2019, and ending May 22, 2020'' and inserting + ``October 1, 2020, and ending November 30, 2020''; + (2) in paragraph (4)(A), by striking ``2019'' each place it + appears and inserting ``2020''; and + (3) in subsection (f), by striking ``2019 and $48,287,671 for + the period beginning October 1, 2019, and ending May 22, 2020'' and + inserting ``2020, and for the period beginning on October 1, 2020, + and ending on November 30, 2020, the amount equal to the pro rata + portion of the amount appropriated for such period for fiscal year + 2020''. +SEC. 3823. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS HEALTH +PROFESSIONS WORKFORCE NEEDS. + Activities authorized by section 2008 of the Social Security Act +shall continue through November 30, 2020, in the manner authorized for +fiscal year 2019, and out of any money in the Treasury of the United +States not otherwise appropriated, there are hereby appropriated such +sums as may be necessary for such purpose. Grants and payments may be +made pursuant to this authority through the date so specified at the +pro rata portion of the total amount authorized for such activities in +fiscal year 2019. +SEC. 3824. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES +PROGRAM AND RELATED PROGRAMS. + Activities authorized by part A of title IV and section 1108(b) of +the Social Security Act shall continue through November 30, 2020, in +the manner authorized for fiscal year 2019, and out of any money in the +Treasury of the United States not otherwise appropriated, there are +hereby appropriated such sums as may be necessary for such purpose. + + PART IV--PUBLIC HEALTH PROVISIONS + +SEC. 3831. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL HEALTH +SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE GME PROGRAMS. + (a) Community Health Centers.--Section 10503(b)(1)(F) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) +is amended by striking ``and $2,575,342,466 for the period beginning on +October 1, 2019, and ending on May 22, 2020'' and inserting +``$4,000,000,000 for fiscal year 2020, and $668,493,151 for the period +beginning on October 1, 2020, and ending on November 30, 2020''. + (b) National Health Service Corps.--Section 10503(b)(2) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is +amended-- + (1) in subparagraph (F), by striking ``and'' at the end; and + (2) by striking subparagraph (G) and inserting the following: + ``(G) $310,000,000 for fiscal year 2020; and + ``(H) $51,808,219 for the period beginning on October 1, + 2020, and ending on November 30, 2020.''. + (c) Teaching Health Centers That Operate Graduate Medical Education +Programs.--Section 340H(g)(1) of the Public Health Service Act (42 +U.S.C. 256h(g)(1)) is amended by striking ``and 2019, and $81,445,205 +for the period beginning on October 1, 2019, and ending on May 22, +2020'' and inserting ``through fiscal year 2020, and $21,141,096 for +the period beginning on October 1, 2020, and ending on November 30, +2020''. + (d) Application of Provisions.--Amounts appropriated pursuant to +the amendments made by this section for fiscal year 2020 and for the +period beginning on October 1, 2020, and ending on November 30, 2020, +shall be subject to the requirements contained in Public Law 116-94 for +funds for programs authorized under sections 330 through 340 of the +Public Health Service Act (42 U.S.C. 254 through 256). + (e) Conforming Amendment.--Paragraph (4) of section 3014(h) of +title 18, United States Code, as amended by section 401(e) of division +N of Public Law 116-94, is amended by striking ``section 401(d) of +division N of the Further Consolidated Appropriations Act, 2020'' and +inserting ``section 3831 of the CARES Act''. +SEC. 3832. DIABETES PROGRAMS. + (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act +(42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``and 2019, and +$96,575,342 for the period beginning on October 1, 2019, and ending on +May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the +period beginning on October 1, 2020, and ending on November 30, 2020''. + (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service +Act (42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``and 2019, and +$96,575,342 for the period beginning on October 1, 2019, and ending on +May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the +period beginning on October 1, 2020, and ending on November 30, 2020''. + + PART V--MISCELLANEOUS PROVISIONS + +SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL YEAR 2020. + Expenditures made under any provision of law amended in this title +pursuant to the amendments made by the Continuing Appropriations Act, +2020, and Health Extenders Act of 2019 (Public Law 116-59), the Further +Continuing Appropriations Act, 2020, and Further Health Extenders Act +of 2019 (Public Law 116-69), and the Further Consolidated +Appropriations Act, 2020 (Public Law 116-94) for fiscal year 2020 shall +be charged to the applicable appropriation or authorization provided by +the amendments made by this title to such provision of law for such +fiscal year. + + Subtitle F--Over-the-Counter Drugs + + PART I--OTC DRUG REVIEW + +SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT ARE +MARKETED WITHOUT AN APPROVED DRUG APPLICATION. + (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic +Act is amended by inserting after section 505F of such Act (21 U.S.C. +355g) the following: +``SEC. 505G. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT ARE +MARKETED WITHOUT AN APPROVED DRUG APPLICATION. + ``(a) Nonprescription Drugs Marketed Without an Approved +Application.--Nonprescription drugs marketed without an approved drug +application under section 505, as of the date of the enactment of this +section, shall be treated in accordance with this subsection. + ``(1) Drugs subject to a final monograph; category i drugs + subject to a tentative final monograph.--A drug is deemed to be + generally recognized as safe and effective under section 201(p)(1), + not a new drug under section 201(p), and not subject to section + 503(b)(1), if-- + ``(A) the drug is-- + ``(i) in conformity with the requirements for + nonprescription use of a final monograph issued under part + 330 of title 21, Code of Federal Regulations (except as + provided in paragraph (2)), the general requirements for + nonprescription drugs, and conditions or requirements under + subsections (b), (c), and (k); and + ``(ii) except as permitted by an order issued under + subsection (b) or, in the case of a minor change in the + drug, in conformity with an order issued under subsection + (c), in a dosage form that, immediately prior to the date + of the enactment of this section, has been used to a + material extent and for a material time under section + 201(p)(2); or + ``(B) the drug is-- + ``(i) classified in category I for safety and + effectiveness under a tentative final monograph that is the + most recently applicable proposal or determination issued + under part 330 of title 21, Code of Federal Regulations; + ``(ii) in conformity with the proposed requirements for + nonprescription use of such tentative final monograph, any + applicable subsequent determination by the Secretary, the + general requirements for nonprescription drugs, and + conditions or requirements under subsections (b), (c), and + (k); and + ``(iii) except as permitted by an order issued under + subsection (b) or, in the case of a minor change in the + drug, in conformity with an order issued under subsection + (c), in a dosage form that, immediately prior to the date + of the enactment of this section, has been used to a + material extent and for a material time under section + 201(p)(2). + ``(2) Treatment of sunscreen drugs.--With respect to sunscreen + drugs subject to this section, the applicable requirements in terms + of conformity with a final monograph, for purposes of paragraph + (1)(A)(i), shall be the requirements specified in part 352 of title + 21, Code of Federal Regulations, as published on May 21, 1999, + beginning on page 27687 of volume 64 of the Federal Register, + except that the applicable requirements governing effectiveness and + labeling shall be those specified in section 201.327 of title 21, + Code of Federal Regulations. + ``(3) Category iii drugs subject to a tentative final + monograph; category i drugs subject to proposed monograph or + advance notice of proposed rulemaking.--A drug that is not + described in paragraph (1), (2), or (4) is not required to be the + subject of an application approved under section 505, and is not + subject to section 503(b)(1), if-- + ``(A) the drug is-- + ``(i) classified in category III for safety or + effectiveness in the preamble of a proposed rule + establishing a tentative final monograph that is the most + recently applicable proposal or determination for such drug + issued under part 330 of title 21, Code of Federal + Regulations; + ``(ii) in conformity with-- + + ``(I) the conditions of use, including indication + and dosage strength, if any, described for such + category III drug in such preamble or in an applicable + subsequent proposed rule; + ``(II) the proposed requirements for drugs + classified in such tentative final monograph in + category I in the most recently proposed rule + establishing requirements related to such tentative + final monograph and in any final rule establishing + requirements that are applicable to the drug; and + ``(III) the general requirements for + nonprescription drugs and conditions or requirements + under subsection (b) or (k); and + + ``(iii) in a dosage form that, immediately prior to the + date of the enactment of this section, had been used to a + material extent and for a material time under section + 201(p)(2); or + ``(B) the drug is-- + ``(i) classified in category I for safety and + effectiveness under a proposed monograph or advance notice + of proposed rulemaking that is the most recently applicable + proposal or determination for such drug issued under part + 330 of title 21, Code of Federal Regulations; + ``(ii) in conformity with the requirements for + nonprescription use of such proposed monograph or advance + notice of proposed rulemaking, any applicable subsequent + determination by the Secretary, the general requirements + for nonprescription drugs, and conditions or requirements + under subsection (b) or (k); and + ``(iii) in a dosage form that, immediately prior to the + date of the enactment of this section, has been used to a + material extent and for a material time under section + 201(p)(2). + ``(4) Category ii drugs deemed new drugs.--A drug that is + classified in category II for safety or effectiveness under a + tentative final monograph or that is subject to a determination to + be not generally recognized as safe and effective in a proposed + rule that is the most recently applicable proposal issued under + part 330 of title 21, Code of Federal Regulations, shall be deemed + to be a new drug under section 201(p), misbranded under section + 502(ee), and subject to the requirement for an approved new drug + application under section 505 beginning on the day that is 180 + calendar days after the date of the enactment of this section, + unless, before such day, the Secretary determines that it is in the + interest of public health to extend the period during which the + drug may be marketed without such an approved new drug application. + ``(5) Drugs not grase deemed new drugs.--A drug that the + Secretary has determined not to be generally recognized as safe and + effective under section 201(p)(1) under a final determination + issued under part 330 of title 21, Code of Federal Regulations, + shall be deemed to be a new drug under section 201(p), misbranded + under section 502(ee), and subject to the requirement for an + approved new drug application under section 505. + ``(6) Other drugs deemed new drugs.--Except as provided in + subsection (m), a drug is deemed to be a new drug under section + 201(p) and misbranded under section 502(ee) if the drug-- + ``(A) is not subject to section 503(b)(1); and + ``(B) is not described in paragraph (1), (2), (3), (4), or + (5), or subsection (b)(1)(B). + ``(b) Administrative Orders.-- + ``(1) In general.-- + ``(A) Determination.--The Secretary may, on the initiative + of the Secretary or at the request of one or more requestors, + issue an administrative order determining whether there are + conditions under which a specific drug, a class of drugs, or a + combination of drugs, is determined to be-- + ``(i) not subject to section 503(b)(1); and + ``(ii) generally recognized as safe and effective under + section 201(p)(1). + ``(B) Effect.--A drug or combination of drugs shall be + deemed to not require approval under section 505 if such drug + or combination of drugs-- + ``(i) is determined by the Secretary to meet the + conditions specified in clauses (i) and (ii) of + subparagraph (A); + ``(ii) is marketed in conformity with an administrative + order under this subsection; + ``(iii) meets the general requirements for + nonprescription drugs; and + ``(iv) meets the requirements under subsections (c) and + (k). + ``(C) Standard.--The Secretary shall find that a drug is + not generally recognized as safe and effective under section + 201(p)(1) if-- + ``(i) the evidence shows that the drug is not generally + recognized as safe and effective under section 201(p)(1); + or + ``(ii) the evidence is inadequate to show that the drug + is generally recognized as safe and effective under section + 201(p)(1). + ``(2) Administrative orders initiated by the secretary.-- + ``(A) In general.--In issuing an administrative order under + paragraph (1) upon the Secretary's initiative, the Secretary + shall-- + ``(i) make reasonable efforts to notify informally, not + later than 2 business days before the issuance of the + proposed order, the sponsors of drugs who have a listing in + effect under section 510(j) for the drugs or combination of + drugs that will be subject to the administrative order; + ``(ii) after any such reasonable efforts of + notification-- + + ``(I) issue a proposed administrative order by + publishing it on the website of the Food and Drug + Administration and include in such order the reasons + for the issuance of such order; and + ``(II) publish a notice of availability of such + proposed order in the Federal Register; + + ``(iii) except as provided in subparagraph (B), provide + for a public comment period with respect to such proposed + order of not less than 45 calendar days; and + ``(iv) if, after completion of the proceedings + specified in clauses (i) through (iii), the Secretary + determines that it is appropriate to issue a final + administrative order-- + + ``(I) issue the final administrative order, + together with a detailed statement of reasons, which + order shall not take effect until the time for + requesting judicial review under paragraph (3)(D)(ii) + has expired; + ``(II) publish a notice of such final + administrative order in the Federal Register; + ``(III) afford requestors of drugs that will be + subject to such order the opportunity for formal + dispute resolution up to the level of the Director of + the Center for Drug Evaluation and Research, which + initially must be requested within 45 calendar days of + the issuance of the order, and, for subsequent levels + of appeal, within 30 calendar days of the prior + decision; and + ``(IV) except with respect to drugs described in + paragraph (3)(B), upon completion of the formal dispute + resolution procedure, inform the persons which sought + such dispute resolution of their right to request a + hearing. + + ``(B) Exceptions.--When issuing an administrative order + under paragraph (1) on the Secretary's initiative proposing to + determine that a drug described in subsection (a)(3) is not + generally recognized as safe and effective under section + 201(p)(1), the Secretary shall follow the procedures in + subparagraph (A), except that-- + ``(i) the proposed order shall include notice of-- + + ``(I) the general categories of data the Secretary + has determined necessary to establish that the drug is + generally recognized as safe and effective under + section 201(p)(1); and + ``(II) the format for submissions by interested + persons; + + ``(ii) the Secretary shall provide for a public comment + period of no less than 180 calendar days with respect to + such proposed order, except when the Secretary determines, + for good cause, that a shorter period is in the interest of + public health; and + ``(iii) any person who submits data in such comment + period shall include a certification that the person has + submitted all evidence created, obtained, or received by + that person that is both within the categories of data + identified in the proposed order and relevant to a + determination as to whether the drug is generally + recognized as safe and effective under section 201(p)(1). + ``(3) Hearings; judicial review.-- + ``(A) In general.--Only a person who participated in each + stage of formal dispute resolution under subclause (III) of + paragraph (2)(A)(iv) of an administrative order with respect to + a drug may request a hearing concerning a final administrative + order issued under such paragraph with respect to such drug. If + a hearing is sought, such person must submit a request for a + hearing, which shall be based solely on information in the + administrative record, to the Secretary not later than 30 + calendar days after receiving notice of the final decision of + the formal dispute resolution procedure. + ``(B) No hearing required with respect to orders relating + to certain drugs.-- + ``(i) In general.--The Secretary shall not be required + to provide notice and an opportunity for a hearing pursuant + to paragraph (2)(A)(iv) if the final administrative order + involved relates to a drug-- + + ``(I) that is described in subsection (a)(3)(A); + and + ``(II) with respect to which no human or non-human + data studies relevant to the safety or effectiveness of + such drug have been submitted to the administrative + record since the issuance of the most recent tentative + final monograph relating to such drug. + + ``(ii) Human data studies and non-human data defined.-- + In this subparagraph: + + ``(I) The term `human data studies' means clinical + trials of safety or effectiveness (including actual use + studies), pharmacokinetics studies, or bioavailability + studies. + ``(II) The term `non-human data' means data from + testing other than with human subjects which provides + information concerning safety or effectiveness. + + ``(C) Hearing procedures.-- + ``(i) Denial of request for hearing.--If the Secretary + determines that information submitted in a request for a + hearing under subparagraph (A) with respect to a final + administrative order issued under paragraph (2)(A)(iv) does + not identify the existence of a genuine and substantial + question of material fact, the Secretary may deny such + request. In making such a determination, the Secretary may + consider only information and data that are based on + relevant and reliable scientific principles and + methodologies. + ``(ii) Single hearing for multiple related requests.-- + If more than one request for a hearing is submitted with + respect to the same administrative order under subparagraph + (A), the Secretary may direct that a single hearing be + conducted in which all persons whose hearing requests were + granted may participate. + ``(iii) Presiding officer.--The presiding officer of a + hearing requested under subparagraph (A) shall-- + + ``(I) be designated by the Secretary; + ``(II) not be an employee of the Center for Drug + Evaluation and Research; and + ``(III) not have been previously involved in the + development of the administrative order involved or + proceedings relating to that administrative order. + + ``(iv) Rights of parties to hearing.--The parties to a + hearing requested under subparagraph (A) shall have the + right to present testimony, including testimony of expert + witnesses, and to cross-examine witnesses presented by + other parties. Where appropriate, the presiding officer may + require that cross-examination by parties representing + substantially the same interests be consolidated to promote + efficiency and avoid duplication. + ``(v) Final decision.-- + + ``(I) At the conclusion of a hearing requested + under subparagraph (A), the presiding officer of the + hearing shall issue a decision containing findings of + fact and conclusions of law. The decision of the + presiding officer shall be final. + ``(II) The final decision may not take effect until + the period under subparagraph (D)(ii) for submitting a + request for judicial review of such decision expires. + + ``(D) Judicial review of final administrative order.-- + ``(i) In general.--The procedures described in section + 505(h) shall apply with respect to judicial review of final + administrative orders issued under this subsection in the + same manner and to the same extent as such section applies + to an order described in such section except that the + judicial review shall be taken by filing in an appropriate + district court of the United States in lieu of the + appellate courts specified in such section. + ``(ii) Period to submit a request for judicial + review.--A person eligible to request a hearing under this + paragraph and seeking judicial review of a final + administrative order issued under this subsection shall + file such request for judicial review not later than 60 + calendar days after the latest of-- + + ``(I) the date on which notice of such order is + published; + ``(II) the date on which a hearing with respect to + such order is denied under subparagraph (B) or (C)(i); + ``(III) the date on which a final decision is made + following a hearing under subparagraph (C)(v); or + ``(IV) if no hearing is requested, the date on + which the time for requesting a hearing expires. + + ``(4) Expedited procedure with respect to administrative orders + initiated by the secretary.-- + ``(A) Imminent hazard to the public health.-- + ``(i) In general.--In the case of a determination by + the Secretary that a drug, class of drugs, or combination + of drugs subject to this section poses an imminent hazard + to the public health, the Secretary, after first making + reasonable efforts to notify, not later than 48 hours + before issuance of such order under this subparagraph, + sponsors who have a listing in effect under section 510(j) + for such drug or combination of drugs-- + + ``(I) may issue an interim final administrative + order for such drug, class of drugs, or combination of + drugs under paragraph (1), together with a detailed + statement of the reasons for such order; + ``(II) shall publish in the Federal Register a + notice of availability of any such order; and + ``(III) shall provide for a public comment period + of at least 45 calendar days with respect to such + interim final order. + + ``(ii) Nondelegation.--The Secretary may not delegate + the authority to issue an interim final administrative + order under this subparagraph. + ``(B) Safety labeling changes.-- + ``(i) In general.--In the case of a determination by + the Secretary that a change in the labeling of a drug, + class of drugs, or combination of drugs subject to this + section is reasonably expected to mitigate a significant or + unreasonable risk of a serious adverse event associated + with use of the drug, the Secretary may-- + + ``(I) make reasonable efforts to notify informally, + not later than 48 hours before the issuance of the + interim final order, the sponsors of drugs who have a + listing in effect under section 510(j) for such drug or + combination of drugs; + ``(II) after reasonable efforts of notification, + issue an interim final administrative order in + accordance with paragraph (1) to require such change, + together with a detailed statement of the reasons for + such order; + ``(III) publish in the Federal Register a notice of + availability of such order; and + ``(IV) provide for a public comment period of at + least 45 calendar days with respect to such interim + final order. + + ``(ii) Content of order.--An interim final order issued + under this subparagraph with respect to the labeling of a + drug may provide for new warnings and other information + required for safe use of the drug. + ``(C) Effective date.--An order under subparagraph (A) or + (B) shall take effect on a date specified by the Secretary. + ``(D) Final order.--After the completion of the proceedings + in subparagraph (A) or (B), the Secretary shall-- + ``(i) issue a final order in accordance with paragraph + (1); + ``(ii) publish a notice of availability of such final + administrative order in the Federal Register; and + ``(iii) afford sponsors of such drugs that will be + subject to such an order the opportunity for formal dispute + resolution up to the level of the Director of the Center + for Drug Evaluation and Research, which must initially be + within 45 calendar days of the issuance of the order, and + for subsequent levels of appeal, within 30 calendar days of + the prior decision. + ``(E) Hearings.--A sponsor of a drug subject to a final + order issued under subparagraph (D) and that participated in + each stage of formal dispute resolution under clause (iii) of + such subparagraph may request a hearing on such order. The + provisions of subparagraphs (A), (B), and (C) of paragraph (3), + other than paragraph (3)(C)(v)(II), shall apply with respect to + a hearing on such order in the same manner and to the same + extent as such provisions apply with respect to a hearing on an + administrative order issued under paragraph (2)(A)(iv). + ``(F) Timing.-- + ``(i) Final order and hearing.--The Secretary shall-- + + ``(I) not later than 6 months after the date on + which the comment period closes under subparagraph (A) + or (B), issue a final order in accordance with + paragraph (1); and + ``(II) not later than 12 months after the date on + which such final order is issued, complete any hearing + under subparagraph (E). + + ``(ii) Dispute resolution request.--The Secretary shall + specify in an interim final order issued under subparagraph + (A) or (B) such shorter periods for requesting dispute + resolution under subparagraph (D)(iii) as are necessary to + meet the requirements of this subparagraph. + ``(G) Judicial review.--A final order issued pursuant to + subparagraph (F) shall be subject to judicial review in + accordance with paragraph (3)(D). + ``(5) Administrative order initiated at the request of a + requestor.-- + ``(A) In general.--In issuing an administrative order under + paragraph (1) at the request of a requestor with respect to + certain drugs, classes of drugs, or combinations of drugs-- + ``(i) the Secretary shall, after receiving a request + under this subparagraph, determine whether the request is + sufficiently complete and formatted to permit a substantive + review; + ``(ii) if the Secretary determines that the request is + sufficiently complete and formatted to permit a substantive + review, the Secretary shall-- + + ``(I) file the request; and + ``(II) initiate proceedings with respect to issuing + an administrative order in accordance with paragraphs + (2) and (3); and + + ``(iii) except as provided in paragraph (6), if the + Secretary determines that a request does not meet the + requirements for filing or is not sufficiently complete and + formatted to permit a substantive review, the requestor may + demand that the request be filed over protest, and the + Secretary shall initiate proceedings to review the request + in accordance with paragraph (2)(A). + ``(B) Request to initiate proceedings.-- + ``(i) In general.--A requestor seeking an + administrative order under paragraph (1) with respect to + certain drugs, classes of drugs, or combinations of drugs, + shall submit to the Secretary a request to initiate + proceedings for such order in the form and manner as + specified by the Secretary. Such requestor may submit a + request under this subparagraph for the issuance of an + administrative order-- + + ``(I) determining whether a drug is generally + recognized as safe and effective under section + 201(p)(1), exempt from section 503(b)(1), and not + required to be the subject of an approved application + under section 505; or + ``(II) determining whether a change to a condition + of use of a drug is generally recognized as safe and + effective under section 201(p)(1), exempt from section + 503(b)(1), and not required to be the subject of an + approved application under section 505, if, absent such + a changed condition of use, such drug is-- + + ``(aa) generally recognized as safe and + effective under section 201(p)(1) in accordance + with subsection (a)(1), (a)(2), or an order under + this subsection; or + ``(bb) subject to subsection (a)(3), but only + if such requestor initiates such request in + conjunction with a request for the Secretary to + determine whether such drug is generally recognized + as safe and effective under section 201(p)(1), + which is filed by the Secretary under subparagraph + (A)(ii). + ``(ii) Exception.--The Secretary is not required to + complete review of a request for a change described in + clause (i)(II) if the Secretary determines that there is an + inadequate basis to find the drug is generally recognized + as safe and effective under section 201(p)(1) under + paragraph (1) and issues a final order announcing that + determination. + ``(iii) Withdrawal.--The requestor may withdraw a + request under this paragraph, according to the procedures + set forth pursuant to subsection (d)(2)(B). Notwithstanding + any other provision of this section, if such request is + withdrawn, the Secretary may cease proceedings under this + subparagraph. + ``(C) Exclusivity.-- + ``(i) In general.--A final administrative order issued + in response to a request under this section shall have the + effect of authorizing solely the order requestor (or the + licensees, assignees, or successors in interest of such + requestor with respect to the subject of such order), for a + period of 18 months following the effective date of such + final order and beginning on the date the requestor may + lawfully market such drugs pursuant to the order, to market + drugs-- + + ``(I) incorporating changes described in clause + (ii); and + ``(II) subject to the limitations under clause + (iv). + + ``(ii) Changes described.--A change described in this + clause is a change subject to an order specified in clause + (i), which-- + + ``(I) provides for a drug to contain an active + ingredient (including any ester or salt of the active + ingredient) not previously incorporated in a drug + described in clause (iii); or + ``(II) provides for a change in the conditions of + use of a drug, for which new human data studies + conducted or sponsored by the requestor (or for which + the requestor has an exclusive right of reference) were + essential to the issuance of such order. + + ``(iii) Drugs described.--The drugs described in this + clause are drugs-- + + ``(I) specified in subsection (a)(1), (a)(2), or + (a)(3); + ``(II) subject to a final order issued under this + section; + ``(III) subject to a final sunscreen order (as + defined in section 586(2)(A)); or + ``(IV) described in subsection (m)(1), other than + drugs subject to an active enforcement action under + chapter III of this Act. + + ``(iv) Limitations on exclusivity.-- + + ``(I) In general.--Only one 18-month period under + this subparagraph shall be granted, under each order + described in clause (i), with respect to changes (to + the drug subject to such order) which are either-- + + ``(aa) changes described in clause (ii)(I), + relating to active ingredients; or + ``(bb) changes described in clause (ii)(II), + relating to conditions of use. + + ``(II) No exclusivity allowed.--No exclusivity + shall apply to changes to a drug which are-- + + ``(aa) the subject of a Tier 2 OTC monograph + order request (as defined in section 744L); + ``(bb) safety-related changes, as defined by + the Secretary, or any other changes the Secretary + considers necessary to assure safe use; or + ``(cc) changes related to methods of testing + safety or efficacy. + ``(v) New human data studies defined.--In this + subparagraph, the term `new human data studies' means + clinical trials of safety or effectiveness (including + actual use studies), pharmacokinetics studies, or + bioavailability studies, the results of which-- + + ``(I) have not been relied on by the Secretary to + support-- + + ``(aa) a proposed or final determination that a + drug described in subclause (I), (II), or (III) of + clause (iii) is generally recognized as safe and + effective under section 201(p)(1); or + ``(bb) approval of a drug that was approved + under section 505; and + + ``(II) do not duplicate the results of another + study that was relied on by the Secretary to support-- + + ``(aa) a proposed or final determination that a + drug described in subclause (I), (II), or (III) of + clause (iii) is generally recognized as safe and + effective under section 201(p)(1); or + ``(bb) approval of a drug that was approved + under section 505. + ``(vi) Notification of drug not available for sale.--A + requestor that is granted exclusivity with respect to a + drug under this subparagraph shall notify the Secretary in + writing within 1 year of the issuance of the final + administrative order if the drug that is the subject of + such order will not be available for sale within 1 year of + the date of issuance of such order. The requestor shall + include with such notice the-- + + ``(I) identity of the drug by established name and + by proprietary name, if any; + ``(II) strength of the drug; + ``(III) date on which the drug will be available + for sale, if known; and + ``(IV) reason for not marketing the drug after + issuance of the order. + + ``(6) Information regarding safe nonprescription marketing and + use as condition for filing a generally recognized as safe and + effective request.-- + ``(A) In general.--In response to a request under this + section that a drug described in subparagraph (B) be generally + recognized as safe and effective, the Secretary-- + ``(i) may file such request, if the request includes + information specified under subparagraph (C) with respect + to safe nonprescription marketing and use of such drug; or + ``(ii) if the request fails to include information + specified under subparagraph (C), shall refuse to file such + request and require that nonprescription marketing of the + drug be pursuant to a new drug application as described in + subparagraph (D). + ``(B) Drug described.--A drug described in this + subparagraph is a nonprescription drug which contains an active + ingredient not previously incorporated in a drug-- + ``(i) specified in subsection (a)(1), (a)(2), or + (a)(3); + ``(ii) subject to a final order under this section; or + ``(iii) subject to a final sunscreen order (as defined + in section 586(2)(A)). + ``(C) Information demonstrating prima facie safe + nonprescription marketing and use.--Information specified in + this subparagraph, with respect to a request described in + subparagraph (A)(i), is-- + ``(i) information sufficient for a prima facie + demonstration that the drug subject to such request has a + verifiable history of being marketed and safely used by + consumers in the United States as a nonprescription drug + under comparable conditions of use; + ``(ii) if the drug has not been previously marketed in + the United States as a nonprescription drug, information + sufficient for a prima facie demonstration that the drug + was marketed and safely used under comparable conditions of + marketing and use in a country listed in section + 802(b)(1)(A) or designated by the Secretary in accordance + with section 802(b)(1)(B)-- + + ``(I) for such period as needed to provide + reasonable assurances concerning the safe + nonprescription use of the drug; and + ``(II) during such time was subject to sufficient + monitoring by a regulatory body considered acceptable + by the Secretary for such monitoring purposes, + including for adverse events associated with + nonprescription use of the drug; or + + ``(iii) if the Secretary determines that information + described in clause (i) or (ii) is not needed to provide a + prima facie demonstration that the drug can be safely + marketed and used as a nonprescription drug, such other + information the Secretary determines is sufficient for such + purposes. + ``(D) Marketing pursuant to new drug application.--In the + case of a request described in subparagraph (A)(ii), the drug + subject to such request may be resubmitted for filing only if-- + ``(i) the drug is marketed as a nonprescription drug, + under conditions of use comparable to the conditions + specified in the request, for such period as the Secretary + determines appropriate (not to exceed 5 consecutive years) + pursuant to an application approved under section 505; and + ``(ii) during such period, 1,000,000 retail packages of + the drug, or an equivalent quantity as determined by the + Secretary, were distributed for retail sale, as determined + in such manner as the Secretary finds appropriate. + ``(E) Rule of application.--Except in the case of a request + involving a drug described in section 586(9), as in effect on + January 1, 2017, if the Secretary refuses to file a request + under this paragraph, the requestor may not file such request + over protest under paragraph (5)(A)(iii). + ``(7) Packaging.--An administrative order issued under + paragraph (2), (4)(A), or (5) may include requirements for the + packaging of a drug to encourage use in accordance with labeling. + Such requirements may include unit dose packaging, requirements for + products intended for use by pediatric populations, requirements to + reduce risk of harm from unsupervised ingestion, and other + appropriate requirements. This paragraph does not authorize the + Food and Drug Administration to require standards or testing + procedures as described in part 1700 of title 16, Code of Federal + Regulations. + ``(8) Final and tentative final monographs for category i drugs + deemed final administrative orders.-- + ``(A) In general.--A final monograph or tentative final + monograph described in subparagraph (B) shall be deemed to be a + final administrative order under this subsection and may be + amended, revoked, or otherwise modified in accordance with the + procedures of this subsection. + ``(B) Monographs described.--For purposes of subparagraph + (A), a final monograph or tentative final monograph is + described in this subparagraph if it-- + ``(i) establishes conditions of use for a drug + described in paragraph (1) or (2) of subsection (a); and + ``(ii) represents the most recently promulgated version + of such conditions, including as modified, in whole or in + part, by any proposed or final rule. + ``(C) Deemed orders include harmonizing technical + amendments.--The deemed establishment of a final administrative + order under subparagraph (A) shall be construed to include any + technical amendments to such order as the Secretary determines + necessary to ensure that such order is appropriately + harmonized, in terms of terminology or cross-references, with + the applicable provisions of this Act (and regulations + thereunder) and any other orders issued under this section. + ``(c) Procedure for Minor Changes.-- + ``(1) In general.--Minor changes in the dosage form of a drug + that is described in paragraph (1) or (2) of subsection (a) or the + subject of an order issued under subsection (b) may be made by a + requestor without the issuance of an order under subsection (b) + if-- + ``(A) the requestor maintains such information as is + necessary to demonstrate that the change-- + ``(i) will not affect the safety or effectiveness of + the drug; and + ``(ii) will not materially affect the extent of + absorption or other exposure to the active ingredient in + comparison to a suitable reference product; and + ``(B) the change is in conformity with the requirements of + an applicable administrative order issued by the Secretary + under paragraph (3). + ``(2) Additional information.-- + ``(A) Access to records.--A sponsor shall submit records + requested by the Secretary relating to such a minor change + under section 704(a)(4), within 15 business days of receiving + such a request, or such longer period as the Secretary may + provide. + ``(B) Insufficient information.--If the Secretary + determines that the information contained in such records is + not sufficient to demonstrate that the change does not affect + the safety or effectiveness of the drug or materially affect + the extent of absorption or other exposure to the active + ingredient, the Secretary-- + ``(i) may so inform the sponsor of the drug in writing; + and + ``(ii) if the Secretary so informs the sponsor, shall + provide the sponsor of the drug with a reasonable + opportunity to provide additional information. + ``(C) Failure to submit sufficient information.--If the + sponsor fails to provide such additional information within a + time prescribed by the Secretary, or if the Secretary + determines that such additional information does not + demonstrate that the change does not-- + ``(i) affect the safety or effectiveness of the drug; + or + ``(ii) materially affect the extent of absorption or + other exposure to the active ingredient in comparison to a + suitable reference product, + the drug as modified is a new drug under section 201(p) and + shall be deemed to be misbranded under section 502(ee). + ``(3) Determining whether a change will affect safety or + effectiveness.-- + ``(A) In general.--The Secretary shall issue one or more + administrative orders specifying requirements for determining + whether a minor change made by a sponsor pursuant to this + subsection will affect the safety or effectiveness of a drug or + materially affect the extent of absorption or other exposure to + an active ingredient in the drug in comparison to a suitable + reference product, together with guidance for applying those + orders to specific dosage forms. + ``(B) Standard practices.--The orders and guidance issued + by the Secretary under subparagraph (A) shall take into account + relevant public standards and standard practices for evaluating + the quality of drugs, and may take into account the special + needs of populations, including children. + ``(d) Confidentiality of Information Submitted to the Secretary.-- + ``(1) In general.--Subject to paragraph (2), any information, + including reports of testing conducted on the drug or drugs + involved, that is submitted by a requestor in connection with + proceedings on an order under this section (including any minor + change under subsection (c)) and is a trade secret or confidential + information subject to section 552(b)(4) of title 5, United States + Code, or section 1905 of title 18, United States Code, shall not be + disclosed to the public unless the requestor consents to that + disclosure. + ``(2) Public availability.-- + ``(A) In general.--Except as provided in subparagraph (B), + the Secretary shall-- + ``(i) make any information submitted by a requestor in + support of a request under subsection (b)(5)(A) available + to the public not later than the date on which the proposed + order is issued; and + ``(ii) make any information submitted by any other + person with respect to an order requested (or initiated by + the Secretary) under subsection (b), available to the + public upon such submission. + ``(B) Limitations on public availability.--Information + described in subparagraph (A) shall not be made public if-- + ``(i) the information pertains to pharmaceutical + quality information, unless such information is necessary + to establish standards under which a drug is generally + recognized as safe and effective under section 201(p)(1); + ``(ii) the information is submitted in a requestor- + initiated request, but the requestor withdraws such + request, in accordance with withdrawal procedures + established by the Secretary, before the Secretary issues + the proposed order; + ``(iii) the Secretary requests and obtains the + information under subsection (c) and such information is + not submitted in relation to an order under subsection (b); + or + ``(iv) the information is of the type contained in raw + datasets. + ``(e) Updates to Drug Listing Information.--A sponsor who makes a +change to a drug subject to this section shall submit updated drug +listing information for the drug in accordance with section 510(j) +within 30 calendar days of the date when the drug is first commercially +marketed, except that a sponsor who was the order requestor with +respect to an order subject to subsection (b)(5)(C) (or a licensee, +assignee, or successor in interest of such requestor) shall submit +updated drug listing information on or before the date when the drug is +first commercially marketed. + ``(f) Approvals Under Section 505.--The provisions of this section +shall not be construed to preclude a person from seeking or maintaining +the approval of an application for a drug under sections 505(b)(1), +505(b)(2), and 505(j). A determination under this section that a drug +is not subject to section 503(b)(1), is generally recognized as safe +and effective under section 201(p)(1), and is not a new drug under +section 201(p) shall constitute a finding that the drug is safe and +effective that may be relied upon for purposes of an application under +section 505(b)(2), so that the applicant shall be required to submit +for purposes of such application only information needed to support any +modification of the drug that is not covered by such determination +under this section. + ``(g) Public Availability of Administrative Orders.--The Secretary +shall establish, maintain, update (as determined necessary by the +Secretary but no less frequently than annually), and make publicly +available, with respect to orders issued under this section-- + ``(1) a repository of each final order and interim final order + in effect, including the complete text of the order; and + ``(2) a listing of all orders proposed and under development + under subsection (b)(2), including-- + ``(A) a brief description of each such order; and + ``(B) the Secretary's expectations, if resources permit, + for issuance of proposed orders over a 3-year period. + ``(h) Development Advice to Sponsors or Requestors.--The Secretary +shall establish procedures under which sponsors or requestors may meet +with appropriate officials of the Food and Drug Administration to +obtain advice on the studies and other information necessary to support +submissions under this section and other matters relevant to the +regulation of nonprescription drugs and the development of new +nonprescription drugs under this section. + ``(i) Participation of Multiple Sponsors or Requestors.--The +Secretary shall establish procedures to facilitate efficient +participation by multiple sponsors or requestors in proceedings under +this section, including provision for joint meetings with multiple +sponsors or requestors or with organizations nominated by sponsors or +requestors to represent their interests in a proceeding. + ``(j) Electronic Format.--All submissions under this section shall +be in electronic format. + ``(k) Effect on Existing Regulations Governing Nonprescription +Drugs.-- + ``(1) Regulations of general applicability to nonprescription + drugs.--Except as provided in this subsection, nothing in this + section supersedes regulations establishing general requirements + for nonprescription drugs, including regulations of general + applicability contained in parts 201, 250, and 330 of title 21, + Code of Federal Regulations, or any successor regulations. The + Secretary shall establish or modify such regulations by means of + rulemaking in accordance with section 553 of title 5, United States + Code. + ``(2) Regulations establishing requirements for specific + nonprescription drugs.-- + ``(A) The provisions of section 310.545 of title 21, Code + of Federal Regulations, as in effect on the day before the date + of the enactment of this section, shall be deemed to be a final + order under subsection (b). + ``(B) Regulations in effect on the day before the date of + the enactment of this section, establishing requirements for + specific nonprescription drugs marketed pursuant to this + section (including such requirements in parts 201 and 250 of + title 21, Code of Federal Regulations), shall be deemed to be + final orders under subsection (b), only as they apply to + drugs-- + ``(i) subject to paragraph (1), (2), (3), or (4) of + subsection (a); or + ``(ii) otherwise subject to an order under this + section. + ``(3) Withdrawal of regulations.--The Secretary shall withdraw + regulations establishing final monographs and the procedures + governing the over-the-counter drug review under part 330 and other + relevant parts of title 21, Code of Federal Regulations (as in + effect on the day before the date of the enactment of this + section), or make technical changes to such regulations to ensure + conformity with appropriate terminology and cross references. + Notwithstanding subchapter II of chapter 5 of title 5, United + States Code, any such withdrawal or technical changes shall be made + without public notice and comment and shall be effective upon + publication through notice in the Federal Register (or upon such + date as specified in such notice). + ``(l) Guidance.--The Secretary shall issue guidance that +specifies-- + ``(1) the procedures and principles for formal meetings between + the Secretary and sponsors or requestors for drugs subject to this + section; + ``(2) the format and content of data submissions to the + Secretary under this section; + ``(3) the format of electronic submissions to the Secretary + under this section; + ``(4) consolidated proceedings for appeal and the procedures + for such proceedings where appropriate; and + ``(5) for minor changes in drugs, recommendations on how to + comply with the requirements in orders issued under subsection + (c)(3). + ``(m) Rule of Construction.-- + ``(1) In general.--This section shall not affect the treatment + or status of a nonprescription drug-- + ``(A) that is marketed without an application approved + under section 505 as of the date of the enactment of this + section; + ``(B) that is not subject to an order issued under this + section; and + ``(C) to which paragraph (1), (2), (3), (4), or (5) of + subsection (a) do not apply. + ``(2) Treatment of products previously found to be subject to + time and extent requirements.-- + ``(A) Notwithstanding subsection (a), a drug described in + subparagraph (B) may only be lawfully marketed, without an + application approved under section 505, pursuant to an order + issued under this section. + ``(B) A drug described in this subparagraph is a drug + which, prior to the date of the enactment of this section, the + Secretary determined in a proposed or final rule to be + ineligible for review under the OTC drug review (as such phrase + `OTC drug review' was used in section 330.14 of title 21, Code + of Federal Regulations, as in effect on the day before the date + of the enactment of this section). + ``(3) Preservation of authority.-- + ``(A) Nothing in paragraph (1) shall be construed to + preclude or limit the applicability of any provision of this + Act other than this section. + ``(B) Nothing in subsection (a) shall be construed to + prohibit the Secretary from issuing an order under this section + finding a drug to be not generally recognized as safe and + effective under section 201(p)(1), as the Secretary determines + appropriate. + ``(n) Investigational New Drugs.--A drug is not subject to this +section if an exemption for investigational use under section 505(i) is +in effect for such drug. + ``(o) Inapplicability of Paperwork Reduction Act.--Chapter 35 of +title 44, United States Code, shall not apply to collections of +information made under this section. + ``(p) Inapplicability of Notice and Comment Rulemaking and Other +Requirements.--The requirements of subsection (b) shall apply with +respect to orders issued under this section instead of the requirements +of subchapter II of chapter 5 of title 5, United States Code. + ``(q) Definitions.--In this section: + ``(1) The term `nonprescription drug' refers to a drug not + subject to the requirements of section 503(b)(1). + ``(2) The term `sponsor' refers to any person marketing, + manufacturing, or processing a drug that-- + ``(A) is listed pursuant to section 510(j); and + ``(B) is or will be subject to an administrative order + under this section of the Food and Drug Administration. + ``(3) The term `requestor' refers to any person or group of + persons marketing, manufacturing, processing, or developing a + drug.''. + (b) GAO Study.--Not later than 4 years after the date of enactment +of this Act, the Comptroller General of the United States shall submit +a study to the Committee on Energy and Commerce of the House of +Representatives and the Committee on Health, Education, Labor, and +Pensions of the Senate addressing the effectiveness and overall impact +of exclusivity under section 505G of the Federal Food, Drug, and +Cosmetic Act, as added by subsection (a), and section 586C of such Act +(21 U.S.C. 360fff-3), including the impact of such exclusivity on +consumer access. Such study shall include-- + (1) an analysis of the impact of exclusivity under such section + 505G for nonprescription drug products, including-- + (A) the number of nonprescription drug products that were + granted exclusivity and the indication for which the + nonprescription drug products were determined to be generally + recognized as safe and effective; + (B) whether the exclusivity for such drug products was + granted for-- + (i) a new active ingredient (including any ester or + salt of the active ingredient); or + (ii) changes in the conditions of use of a drug, for + which new human data studies conducted or sponsored by the + requestor were essential; + (C) whether, and to what extent, the exclusivity impacted + the requestor's or sponsor's decision to develop the drug + product; + (D) an analysis of the implementation of the exclusivity + provision in such section 505G, including-- + (i) the resources used by the Food and Drug + Administration; + (ii) the impact of such provision on innovation, as + well as research and development in the nonprescription + drug market; + (iii) the impact of such provision on competition in + the nonprescription drug market; + (iv) the impact of such provision on consumer access to + nonprescription drug products; + (v) the impact of such provision on the prices of + nonprescription drug products; and + (vi) whether the administrative orders initiated by + requestors under such section 505G have been sufficient to + encourage the development of nonprescription drug products + that would likely not be otherwise developed, or developed + in as timely a manner; and + (E) whether the administrative orders initiated by + requestors under such section 505G have been sufficient + incentive to encourage innovation in the nonprescription drug + market; and + (2) an analysis of the impact of exclusivity under such section + 586C for sunscreen ingredients, including-- + (A) the number of sunscreen ingredients that were granted + exclusivity and the specific ingredient that was determined to + be generally recognized as safe and effective; + (B) whether, and to what extent, the exclusivity impacted + the requestor's or sponsor's decision to develop the sunscreen + ingredient; + (C) whether, and to what extent, the sunscreen ingredient + granted exclusivity had previously been available outside of + the United States; + (D) an analysis of the implementation of the exclusivity + provision in such section 586C, including-- + (i) the resources used by the Food and Drug + Administration; + (ii) the impact of such provision on innovation, as + well as research and development in the sunscreen market; + (iii) the impact of such provision on competition in + the sunscreen market; + (iv) the impact of such provision on consumer access to + sunscreen products; + (v) the impact of such provision on the prices of + sunscreen products; and + (vi) whether the administrative orders initiated by + requestors under such section 505G have been utilized by + sunscreen ingredient sponsors and whether such process has + been sufficient to encourage the development of sunscreen + ingredients that would likely not be otherwise developed, + or developed in as timely a manner; and + (E) whether the administrative orders initiated by + requestors under such section 586C have been sufficient + incentive to encourage innovation in the sunscreen market. + (c) Conforming Amendment.--Section 751(d)(1) of the Federal Food, +Drug, and Cosmetic Act (21 U.S.C. 379r(d)(1)) is amended-- + (1) in the matter preceding subparagraph (A)-- + (A) by striking ``final regulation promulgated'' and + inserting ``final order under section 505G''; and + (B) by striking ``and not misbranded''; and + (2) in subparagraph (A), by striking ``regulation in effect'' + and inserting ``regulation or order in effect''. +SEC. 3852. MISBRANDING. + Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. +352) is amended by adding at the end the following: + ``(ee) If it is a nonprescription drug that is subject to section +505G, is not the subject of an application approved under section 505, +and does not comply with the requirements under section 505G. + ``(ff) If it is a drug and it was manufactured, prepared, +propagated, compounded, or processed in a facility for which fees have +not been paid as required by section 744M.''. +SEC. 3853. DRUGS EXCLUDED FROM THE OVER-THE-COUNTER DRUG REVIEW. + (a) In General.--Nothing in this Act (or the amendments made by +this Act) shall apply to any nonprescription drug (as defined in +section 505G(q) of the Federal Food, Drug, and Cosmetic Act, as added +by section 3851 of this subtitle) which was excluded by the Food and +Drug Administration from the Over-the-Counter Drug Review in accordance +with the paragraph numbered 25 on page 9466 of volume 37 of the Federal +Register, published on May 11, 1972. + (b) Rule of Construction.--Nothing in this section shall be +construed to preclude or limit the applicability of any other provision +of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). +SEC. 3854. TREATMENT OF SUNSCREEN INNOVATION ACT. + (a) Review of Nonprescription Sunscreen Active Ingredients.-- + (1) Applicability of section 505g for pending submissions.-- + (A) In general.--A sponsor of a nonprescription sunscreen + active ingredient or combination of nonprescription sunscreen + active ingredients that, as of the date of enactment of this + Act, is subject to a proposed sunscreen order under section + 586C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. + 360fff-3) may elect, by means of giving written notification to + the Secretary of Health and Human Services within 180 calendar + days of the enactment of this Act, to transition into the + review of such ingredient or combination of ingredients + pursuant to the process set out in section 505G of the Federal + Food, Drug, and Cosmetic Act, as added by section 3851 of this + subtitle. + (B) Election exercised.--Upon receipt by the Secretary of + Health and Human Services of a timely notification under + subparagraph (A)-- + (i) the proposed sunscreen order involved is deemed to + be a request for an order under subsection (b) of section + 505G of the Federal Food, Drug, and Cosmetic Act, as added + by section 3851 of this subtitle; and + (ii) such order is deemed to have been accepted for + filing under subsection (b)(6)(A)(i) of such section 505G. + (C) Election not exercised.--If a notification under + subparagraph (A) is not received by the Secretary of Health and + Human Services within 180 calendar days of the date of + enactment of this Act, the review of the proposed sunscreen + order described in subparagraph (A)-- + (i) shall continue under section 586C of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3); and + (ii) shall not be eligible for review under section + 505G, added by section 3851 of this subtitle. + (2) Definitions.--In this subsection, the terms ``sponsor'', + ``nonprescription'', ``sunscreen active ingredient'', and + ``proposed sunscreen order'' have the meanings given to those terms + in section 586 of the Federal Food, Drug, and Cosmetic Act (21 + U.S.C. 360fff). + (b) Amendments to Sunscreen Provisions.-- + (1) Final sunscreen orders.--Paragraph (3) of section 586C(e) + of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3(e)) + is amended to read as follows: + ``(3) Relationship to orders under section 505g.--A final + sunscreen order shall be deemed to be a final order under section + 505G.''. + (2) Meetings.--Paragraph (7) of section 586C(b) of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3(b)) is amended-- + (A) by striking ``A sponsor may request'' and inserting the + following: + ``(A) In general.--A sponsor may request''; and + (B) by adding at the end the following: + ``(B) Confidential meetings.--A sponsor may request one or + more confidential meetings with respect to a proposed sunscreen + order, including a letter deemed to be a proposed sunscreen + order under paragraph (3), to discuss matters relating to data + requirements to support a general recognition of safety and + effectiveness involving confidential information and public + information related to such proposed sunscreen order, as + appropriate. The Secretary shall convene a confidential meeting + with such sponsor in a reasonable time period. If a sponsor + requests more than one confidential meeting for the same + proposed sunscreen order, the Secretary may refuse to grant an + additional confidential meeting request if the Secretary + determines that such additional confidential meeting is not + reasonably necessary for the sponsor to advance its proposed + sunscreen order, or if the request for a confidential meeting + fails to include sufficient information upon which to base a + substantive discussion. The Secretary shall publish a post- + meeting summary of each confidential meeting under this + subparagraph that does not disclose confidential commercial + information or trade secrets. This subparagraph does not + authorize the disclosure of confidential commercial information + or trade secrets subject to 552(b)(4) of title 5, United States + Code, or section 1905 of title 18, United States Code.''. + (3) Exclusivity.--Section 586C of the Federal Food, Drug, and + Cosmetic Act (21 U.S.C. 360fff-3) is amended by adding at the end + the following: + ``(f) Exclusivity.-- + ``(1) In general.--A final sunscreen order shall have the + effect of authorizing solely the order requestor (or the licensees, + assignees, or successors in interest of such requestor with respect + to the subject of such request and listed under paragraph (5)) for + a period of 18 months, to market a sunscreen ingredient under this + section incorporating changes described in paragraph (2) subject to + the limitations under paragraph (4), beginning on the date the + requestor (or any licensees, assignees, or successors in interest + of such requestor with respect to the subject of such request and + listed under paragraph (5)) may lawfully market such sunscreen + ingredient pursuant to the order. + ``(2) Changes described.--A change described in this paragraph + is a change subject to an order specified in paragraph (1) that + permits a sunscreen to contain an active sunscreen ingredient not + previously incorporated in a marketed sunscreen listed in paragraph + (3). + ``(3) Marketed sunscreen.--The marketed sunscreen ingredients + described in this paragraph are sunscreen ingredients-- + ``(A) marketed in accordance with a final monograph for + sunscreen drug products set forth at part 352 of title 21, Code + of Federal Regulations (as published at 64 Fed. Reg. 27687); or + ``(B) marketed in accordance with a final order issued + under this section. + ``(4) Limitations on exclusivity.--Only one 18-month period may + be granted per ingredient under paragraph (1). + ``(5) Listing of licensees, assignees, or successors in + interest.--Requestors shall submit to the Secretary at the time + when a drug subject to such request is introduced or delivered for + introduction into interstate commerce, a list of licensees, + assignees, or successors in interest under paragraph (1).''. + (4) Sunset provision.--Subchapter I of chapter V of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 360fff et seq.) is amended + by adding at the end the following: +``SEC. 586H. SUNSET. + ``This subchapter shall cease to be effective at the end of fiscal +year 2022.''. + (5) Treatment of final sunscreen order.--The Federal Food, + Drug, and Cosmetic Act is amended by striking section 586E of such + Act (21 U.S.C. 360fff-5). + (c) Treatment of Authority Regarding Finalization of Sunscreen +Monograph.-- + (1) In general.-- + (A) Revision of final sunscreen order.--The Secretary of + Health and Human Services (referred to in this subsection as + the ``Secretary'') shall amend and revise the final + administrative order concerning nonprescription sunscreen + (referred to in this subsection as the ``sunscreen order'') for + which the content, prior to the date of enactment of this Act, + was represented by the final monograph for sunscreen drug + products set forth in part 352 of title 21, Code of Federal + Regulations (as in effect on May 21, 1999). + (B) Issuance of revised sunscreen order; effective date.--A + revised sunscreen order described in subparagraph (A) shall + be-- + (i) issued in accordance with the procedures described + in section 505G(b)(2) of the Federal Food, Drug, and + Cosmetic Act; + (ii) issued in proposed form not later than 18 months + after the date of enactment of this Act; and + (iii) issued by the Secretary at least 1 year prior to + the effective date of the revised order. + (2) Reports.--If a revised sunscreen order issued under + paragraph (1) does not include provisions related to the + effectiveness of various sun protection factor levels, and does not + address all dosage forms known to the Secretary to be used in + sunscreens marketed in the United States without a new drug + application approved under section 505 of the Federal Food, Drug, + and Cosmetic Act (21 U.S.C. 355), the Secretary shall submit a + report to the Committee on Energy and Commerce of the House of + Representatives and the Committee on Health, Education, Labor, and + Pensions of the Senate on the rationale for omission of such + provisions from such order, and a plan and timeline to compile any + information necessary to address such provisions through such + order. + (d) Treatment of Non-Sunscreen Time and Extent Applications.-- + (1) In general.--Any application described in section 586F of + the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-6) that + was submitted to the Secretary pursuant to section 330.14 of title + 21, Code of Federal Regulations, as such provisions were in effect + immediately prior to the date of enactment date of this Act, shall + be extinguished as of such date of enactment, subject to paragraph + (2). + (2) Order request.--Nothing in paragraph (1) precludes the + submission of an order request under section 505G(b) of the Federal + Food, Drug, and Cosmetic Act, as added by section 3851 of this + subtitle, with respect to a drug that was the subject of an + application extinguished under paragraph (1). +SEC. 3855. ANNUAL UPDATE TO CONGRESS ON APPROPRIATE PEDIATRIC +INDICATION FOR CERTAIN OTC COUGH AND COLD DRUGS. + (a) In General.--Subject to subsection (c), the Secretary of Health +and Human Services shall, beginning not later than 1 year after the +date of enactment of this Act, annually submit to the Committee on +Energy and Commerce of the House of Representatives and the Committee +on Health, Education, Labor, and Pensions of the Senate a letter +describing the progress of the Food and Drug Administration-- + (1) in evaluating the cough and cold monograph described in + subsection (b) with respect to children under age 6; and + (2) as appropriate, revising such cough and cold monograph to + address such children through the order process under section + 505G(b) of the Federal Food, Drug, and Cosmetic Act, as added by + section 3851 of this subtitle. + (b) Cough and Cold Monograph Described.--The cough and cold +monograph described in this subsection consists of the conditions under +which nonprescription drugs containing antitussive, expectorant, nasal +decongestant, or antihistamine active ingredients (or combinations +thereof) are generally recognized as safe and effective, as specified +in part 341 of title 21, Code of Federal Regulations (as in effect +immediately prior to the date of enactment of this Act), and included +in an order deemed to be established under section 505G(b) of the +Federal Food, Drug, and Cosmetic Act, as added by section 3851 of this +subtitle. + (c) Duration of Authority.--The requirement under subsection (a) +shall terminate as of the date of a letter submitted by the Secretary +of Health and Human Services pursuant to such subsection in which the +Secretary indicates that the Food and Drug Administration has completed +its evaluation and revised, in a final order, as applicable, the cough +and cold monograph as described in subsection (a)(2). +SEC. 3856. TECHNICAL CORRECTIONS. + (a) Imports and Exports.--Section 801(e)(4)(E)(iii) of the Federal +Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is amended +by striking ``subparagraph'' each place such term appears and inserting +``paragraph''. + (b) FDA Reauthorization Act of 2017.-- + (1) In general.--Section 905(b)(4) of the FDA Reauthorization + Act of 2017 (Public Law 115-52) is amended by striking ``Section + 744H(e)(2)(B)'' and inserting ``Section 744H(f)(2)(B)''. + (2) Effective date.--The amendment made by paragraph (1) shall + take effect as of the enactment of the FDA Reauthorization Act of + 2017 (Public Law 115-52). + + PART II--USER FEES + +SEC. 3861. FINDING. + The Congress finds that the fees authorized by the amendments made +in this part will be dedicated to OTC monograph drug activities, as set +forth in the goals identified for purposes of part 10 of subchapter C +of chapter VII of the Federal Food, Drug, and Cosmetic Act, in the +letters from the Secretary of Health and Human Services to the Chairman +of the Committee on Health, Education, Labor, and Pensions of the +Senate and the Chairman of the Committee on Energy and Commerce of the +House of Representatives, as set forth in the Congressional Record. +SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS. + Subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic +Act (21 U.S.C. 379f et seq.) is amended by inserting after part 9 the +following: + + ``PART 10--FEES RELATING TO OVER-THE-COUNTER DRUGS + +``SEC. 744L. DEFINITIONS. + ``In this part: + ``(1) The term `affiliate' means a business entity that has a + relationship with a second business entity if, directly or + indirectly-- + ``(A) one business entity controls, or has the power to + control, the other business entity; or + ``(B) a third party controls, or has power to control, both + of the business entities. + ``(2) The term `contract manufacturing organization facility' + means an OTC monograph drug facility where neither the owner of + such manufacturing facility nor any affiliate of such owner or + facility sells the OTC monograph drug produced at such facility + directly to wholesalers, retailers, or consumers in the United + States. + ``(3) The term `costs of resources allocated for OTC monograph + drug activities' means the expenses in connection with OTC + monograph drug activities for-- + ``(A) officers and employees of the Food and Drug + Administration, contractors of the Food and Drug + Administration, advisory committees, and costs related to such + officers, employees, and committees and costs related to + contracts with such contractors; + ``(B) management of information, and the acquisition, + maintenance, and repair of computer resources; + ``(C) leasing, maintenance, renovation, and repair of + facilities and acquisition, maintenance, and repair of + fixtures, furniture, scientific equipment, and other necessary + materials and supplies; and + ``(D) collecting fees under section 744M and accounting for + resources allocated for OTC monograph drug activities. + ``(4) The term `FDA establishment identifier' is the unique + number automatically generated by Food and Drug Administration's + Field Accomplishments and Compliance Tracking System (FACTS) (or + any successor system). + ``(5) The term `OTC monograph drug' means a nonprescription + drug without an approved new drug application which is governed by + the provisions of section 505G. + ``(6) The term `OTC monograph drug activities' means activities + of the Secretary associated with OTC monograph drugs and inspection + of facilities associated with such products, including the + following activities: + ``(A) The activities necessary for review and evaluation of + OTC monographs and OTC monograph order requests, including-- + ``(i) orders proposing or finalizing applicable + conditions of use for OTC monograph drugs; + ``(ii) orders affecting status regarding general + recognition of safety and effectiveness of an OTC monograph + ingredient or combination of ingredients under specified + conditions of use; + ``(iii) all OTC monograph drug development and review + activities, including intra-agency collaboration; + ``(iv) regulation and policy development activities + related to OTC monograph drugs; + ``(v) development of product standards for products + subject to review and evaluation; + ``(vi) meetings referred to in section 505G(i); + ``(vii) review of labeling prior to issuance of orders + related to OTC monograph drugs or conditions of use; and + ``(viii) regulatory science activities related to OTC + monograph drugs. + ``(B) Inspections related to OTC monograph drugs. + ``(C) Monitoring of clinical and other research conducted + in connection with OTC monograph drugs. + ``(D) Safety activities with respect to OTC monograph + drugs, including-- + ``(i) collecting, developing, and reviewing safety + information on OTC monograph drugs, including adverse event + reports; + ``(ii) developing and using improved adverse event + data-collection systems, including information technology + systems; and + ``(iii) developing and using improved analytical tools + to assess potential safety risks, including access to + external databases. + ``(E) Other activities necessary for implementation of + section 505G. + ``(7) The term `OTC monograph order request' means a request + for an order submitted under section 505G(b)(5). + ``(8) The term `Tier 1 OTC monograph order request' means any + OTC monograph order request not determined to be a Tier 2 OTC + monograph order request. + ``(9)(A) The term `Tier 2 OTC monograph order request' means, + subject to subparagraph (B), an OTC monograph order request for-- + ``(i) the reordering of existing information in the drug + facts label of an OTC monograph drug; + ``(ii) the addition of information to the other information + section of the drug facts label of an OTC monograph drug, as + limited by section 201.66(c)(7) of title 21, Code of Federal + Regulations (or any successor regulations); + ``(iii) modification to the directions for use section of + the drug facts label of an OTC monograph drug, if such changes + conform to changes made pursuant to section 505G(c)(3)(A); + ``(iv) the standardization of the concentration or dose of + a specific finalized ingredient within a particular finalized + monograph; + ``(v) a change to ingredient nomenclature to align with + nomenclature of a standards-setting organization; or + ``(vi) addition of an interchangeable term in accordance + with section 330.1 of title 21, Code of Federal Regulations (or + any successor regulations). + ``(B) The Secretary may, based on program implementation + experience or other factors found appropriate by the Secretary, + characterize any OTC monograph order request as a Tier 2 OTC + monograph order request (including recharacterizing a request from + Tier 1 to Tier 2) and publish such determination in a proposed + order issued pursuant to section 505G. + ``(10)(A) The term `OTC monograph drug facility' means a + foreign or domestic business or other entity that-- + ``(i) is-- + ``(I) under one management, either direct or indirect; + and + ``(II) at one geographic location or address engaged in + manufacturing or processing the finished dosage form of an + OTC monograph drug; + ``(ii) includes a finished dosage form manufacturer + facility in a contractual relationship with the sponsor of one + or more OTC monograph drugs to manufacture or process such + drugs; and + ``(iii) does not include a business or other entity whose + only manufacturing or processing activities are one or more of + the following: production of clinical research supplies, + testing, or placement of outer packaging on packages containing + multiple products, for such purposes as creating multipacks, + when each monograph drug product contained within the + overpackaging is already in a final packaged form prior to + placement in the outer overpackaging. + ``(B) For purposes of subparagraph (A)(i)(II), separate + buildings or locations within close proximity are considered to be + at one geographic location or address if the activities conducted + in such buildings or locations are-- + ``(i) closely related to the same business enterprise; + ``(ii) under the supervision of the same local management; + and + ``(iii) under a single FDA establishment identifier and + capable of being inspected by the Food and Drug Administration + during a single inspection. + ``(C) If a business or other entity would meet criteria + specified in subparagraph (A), but for being under multiple + management, the business or other entity is deemed to constitute + multiple facilities, one per management entity, for purposes of + this paragraph. + ``(11) The term `OTC monograph drug meeting' means any meeting + regarding the content of a proposed OTC monograph order request. + ``(12) The term `person' includes an affiliate of a person. + ``(13) The terms `requestor' and `sponsor' have the meanings + given such terms in section 505G. +``SEC. 744M. AUTHORITY TO ASSESS AND USE OTC MONOGRAPH FEES. + ``(a) Types of Fees.--Beginning with fiscal year 2021, the +Secretary shall assess and collect fees in accordance with this section +as follows: + ``(1) Facility fee.-- + ``(A) In general.--Each person that owns a facility + identified as an OTC monograph drug facility on December 31 of + the fiscal year or at any time during the preceding 12-month + period shall be assessed an annual fee for each such facility + as determined under subsection (c). + ``(B) Exceptions.-- + ``(i) Facilities that cease activities.--A fee shall + not be assessed under subparagraph (A) if the identified + OTC monograph drug facility-- + + ``(I) has ceased all activities related to OTC + monograph drugs prior to December 31 of the year + immediately preceding the applicable fiscal year; and + ``(II) has updated its registration to reflect such + change under the requirements for drug establishment + registration set forth in section 510. + + ``(ii) Contract manufacturing organizations.--The + amount of the fee for a contract manufacturing organization + facility shall be equal to two-thirds of the amount of the + fee for an OTC monograph drug facility that is not a + contract manufacturing organization facility. + ``(C) Amount.--The amount of fees established under + subparagraph (A) shall be established under subsection (c). + ``(D) Due date.-- + ``(i) For first program year.--For fiscal year 2021, + the facility fees required under subparagraph (A) shall be + due on the later of-- + + ``(I) the first business day of July of 2020; or + ``(II) 45 calendar days after publication of the + Federal Register notice provided for under subsection + (c)(4)(A). + + ``(ii) Subsequent fiscal years.--For each fiscal year + after fiscal year 2021, the facility fees required under + subparagraph (A) shall be due on the later of-- + + ``(I) the first business day of June of such year; + or + ``(II) the first business day after the enactment + of an appropriations Act providing for the collection + and obligation of fees under this section for such + year. + + ``(2) OTC monograph order request fee.-- + ``(A) In general.--Each person that submits an OTC + monograph order request shall be subject to a fee for an OTC + monograph order request. The amount of such fee shall be-- + ``(i) for a Tier 1 OTC monograph order request, + $500,000, adjusted for inflation for the fiscal year (as + determined under subsection (c)(1)(B)); and + ``(ii) for a Tier 2 OTC monograph order request, + $100,000, adjusted for inflation for the fiscal year (as + determined under subsection (c)(1)(B)). + ``(B) Due date.--The OTC monograph order request fees + required under subparagraph (A) shall be due on the date of + submission of the OTC monograph order request. + ``(C) Exception for certain safety changes.--A person who + is named as the requestor in an OTC monograph order shall not + be subject to a fee under subparagraph (A) if the Secretary + finds that the OTC monograph order request seeks to change the + drug facts labeling of an OTC monograph drug in a way that + would add to or strengthen-- + ``(i) a contraindication, warning, or precaution; + ``(ii) a statement about risk associated with misuse or + abuse; or + ``(iii) an instruction about dosage and administration + that is intended to increase the safe use of the OTC + monograph drug. + ``(D) Refund of fee if order request is recategorized as a + tier 2 otc monograph order request.--If the Secretary + determines that an OTC monograph request initially + characterized as Tier 1 shall be re-characterized as a Tier 2 + OTC monograph order request, and the requestor has paid a Tier + 1 fee in accordance with subparagraph (A)(i), the Secretary + shall refund the requestor the difference between the Tier 1 + and Tier 2 fees determined under subparagraphs (A)(i) and + (A)(ii), respectively. + ``(E) Refund of fee if order request refused for filing or + withdrawn before filing.--The Secretary shall refund 75 percent + of the fee paid under subparagraph (B) for any order request + which is refused for filing or was withdrawn before being + accepted or refused for filing. + ``(F) Fees for order requests previously refused for filing + or withdrawn before filing.--An OTC monograph order request + that was submitted but was refused for filing, or was withdrawn + before being accepted or refused for filing, shall be subject + to the full fee under subparagraph (A) upon being resubmitted + or filed over protest. + ``(G) Refund of fee if order request withdrawn.--If an + order request is withdrawn after the order request was filed, + the Secretary may refund the fee or a portion of the fee if no + substantial work was performed on the order request after the + application was filed. The Secretary shall have the sole + discretion to refund a fee or a portion of the fee under this + subparagraph. A determination by the Secretary concerning a + refund under this subparagraph shall not be reviewable. + ``(3) Refunds.-- + ``(A) In general.--Other than refunds provided pursuant to + any of subparagraphs (D) through (G) of paragraph (2), the + Secretary shall not refund any fee paid under paragraph (1) + except as provided in subparagraph (B). + ``(B) Disputes concerning fees.--To qualify for the return + of a fee claimed to have been paid in error under paragraph (1) + or (2), a person shall submit to the Secretary a written + request justifying such return within 180 calendar days after + such fee was paid. + ``(4) Notice.--Within the timeframe specified in subsection + (c), the Secretary shall publish in the Federal Register the amount + of the fees under paragraph (1) for such fiscal year. + ``(b) Fee Revenue Amounts.-- + ``(1) Fiscal year 2021.--For fiscal year 2021, fees under + subsection (a)(1) shall be established to generate a total facility + fee revenue amount equal to the sum of-- + ``(A) the annual base revenue for fiscal year 2021 (as + determined under paragraph (3)); + ``(B) the dollar amount equal to the operating reserve + adjustment for the fiscal year, if applicable (as determined + under subsection (c)(2)); and + ``(C) additional direct cost adjustments (as determined + under subsection (c)(3)). + ``(2) Subsequent fiscal years.--For each of the fiscal years + 2022 through 2025, fees under subsection (a)(1) shall be + established to generate a total facility fee revenue amount equal + to the sum of-- + ``(A) the annual base revenue for the fiscal year (as + determined under paragraph (3)); + ``(B) the dollar amount equal to the inflation adjustment + for the fiscal year (as determined under subsection (c)(1)); + ``(C) the dollar amount equal to the operating reserve + adjustment for the fiscal year, if applicable (as determined + under subsection (c)(2)); + ``(D) additional direct cost adjustments (as determined + under subsection (c)(3)); and + ``(E) additional dollar amounts for each fiscal year as + follows: + ``(i) $7,000,000 for fiscal year 2022. + ``(ii) $6,000,000 for fiscal year 2023. + ``(iii) $7,000,000 for fiscal year 2024. + ``(iv) $3,000,000 for fiscal year 2025. + ``(3) Annual base revenue.--For purposes of paragraphs (1)(A) + and (2)(A), the dollar amount of the annual base revenue for a + fiscal year shall be-- + ``(A) for fiscal year 2021, $8,000,000; and + ``(B) for fiscal years 2022 through 2025, the dollar amount + of the total revenue amount established under this subsection + for the previous fiscal year, not including any adjustments + made under subsection (c)(2) or (c)(3). + ``(c) Adjustments; Annual Fee Setting.-- + ``(1) Inflation adjustment.-- + ``(A) In general.--For purposes of subsection (b)(2)(B), + the dollar amount of the inflation adjustment to the annual + base revenue for fiscal year 2022 and each subsequent fiscal + year shall be equal to the product of-- + ``(i) such annual base revenue for the fiscal year + under subsection (b)(2); and + ``(ii) the inflation adjustment percentage under + subparagraph (C). + ``(B) OTC monograph order request fees.--For purposes of + subsection (a)(2), the dollar amount of the inflation + adjustment to the fee for OTC monograph order requests for + fiscal year 2022 and each subsequent fiscal year shall be equal + to the product of-- + ``(i) the applicable fee under subsection (a)(2) for + the preceding fiscal year; and + ``(ii) the inflation adjustment percentage under + subparagraph (C). + ``(C) Inflation adjustment percentage.--The inflation + adjustment percentage under this subparagraph for a fiscal year + is equal to-- + ``(i) for each of fiscal years 2022 and 2023, the + average annual percent change that occurred in the Consumer + Price Index for urban consumers (Washington-Baltimore, DC- + MD-VA-WV; Not Seasonally Adjusted; All items; Annual Index) + for the first 3 years of the preceding 4 years of available + data; and + ``(ii) for each of fiscal years 2024 and 2025, the sum + of-- + + ``(I) the average annual percent change in the + cost, per full-time equivalent position of the Food and + Drug Administration, of all personnel compensation and + benefits paid with respect to such positions for the + first 3 years of the preceding 4 fiscal years, + multiplied by the proportion of personnel compensation + and benefits costs to total costs of OTC monograph drug + activities for the first 3 years of the preceding 4 + fiscal years; and + ``(II) the average annual percent change that + occurred in the Consumer Price Index for urban + consumers (Washington-Baltimore, DC-MD-VA-WV; Not + Seasonally Adjusted; All items; Annual Index) for the + first 3 years of the preceding 4 years of available + data multiplied by the proportion of all costs other + than personnel compensation and benefits costs to total + costs of OTC monograph drug activities for the first 3 + years of the preceding 4 fiscal years. + + ``(2) Operating reserve adjustment.-- + ``(A) In general.--For fiscal year 2021 and subsequent + fiscal years, for purposes of subsections (b)(1)(B) and + (b)(2)(C), the Secretary may, in addition to adjustments under + paragraph (1), further increase the fee revenue and fees if + such an adjustment is necessary to provide operating reserves + of carryover user fees for OTC monograph drug activities for + not more than the number of weeks specified in subparagraph + (B). + ``(B) Number of weeks.--The number of weeks specified in + this subparagraph is-- + ``(i) 3 weeks for fiscal year 2021; + ``(ii) 7 weeks for fiscal year 2022; + ``(iii) 10 weeks for fiscal year 2023; + ``(iv) 10 weeks for fiscal year 2024; and + ``(v) 10 weeks for fiscal year 2025. + ``(C) Decrease.--If the Secretary has carryover balances + for such process in excess of 10 weeks of the operating + reserves referred to in subparagraph (A), the Secretary shall + decrease the fee revenue and fees referred to in such + subparagraph to provide for not more than 10 weeks of such + operating reserves. + ``(D) Rationale for adjustment.--If an adjustment under + this paragraph is made, the rationale for the amount of the + increase or decrease (as applicable) in fee revenue and fees + shall be contained in the annual Federal Register notice under + paragraph (4) establishing fee revenue and fees for the fiscal + year involved. + ``(3) Additional direct cost adjustment.--The Secretary shall, + in addition to adjustments under paragraphs (1) and (2), further + increase the fee revenue and fees for purposes of subsection + (b)(2)(D) by an amount equal to-- + ``(A) $14,000,000 for fiscal year 2021; + ``(B) $7,000,000 for fiscal year 2022; + ``(C) $4,000,000 for fiscal year 2023; + ``(D) $3,000,000 for fiscal year 2024; and + ``(E) $3,000,000 for fiscal year 2025. + ``(4) Annual fee setting.-- + ``(A) Fiscal year 2021.--The Secretary shall, not later + than the second Monday in May of 2020-- + ``(i) establish OTC monograph drug facility fees for + fiscal year 2021 under subsection (a), based on the revenue + amount for such year under subsection (b) and the + adjustments provided under this subsection; and + ``(ii) publish fee revenue, facility fees, and OTC + monograph order requests in the Federal Register. + ``(B) Subsequent fiscal years.--The Secretary shall, for + each fiscal year that begins after September 30, 2021, not + later than the second Monday in March that precedes such fiscal + year-- + ``(i) establish for such fiscal year, based on the + revenue amounts under subsection (b) and the adjustments + provided under this subsection-- + + ``(I) OTC monograph drug facility fees under + subsection (a)(1); and + ``(II) OTC monograph order request fees under + subsection (a)(2); and + + ``(ii) publish such fee revenue amounts, facility fees, + and OTC monograph order request fees in the Federal + Register. + ``(d) Identification of Facilities.--Each person that owns an OTC +monograph drug facility shall submit to the Secretary the information +required under this subsection each year. Such information shall, for +each fiscal year-- + ``(1) be submitted as part of the requirements for drug + establishment registration set forth in section 510; and + ``(2) include for each such facility, at a minimum, + identification of the facility's business operation as that of an + OTC monograph drug facility. + ``(e) Effect of Failure To Pay Fees.-- + ``(1) OTC monograph drug facility fee.-- + ``(A) In general.--Failure to pay the fee under subsection + (a)(1) within 20 calendar days of the due date as specified in + subparagraph (D) of such subsection shall result in the + following: + ``(i) The Secretary shall place the facility on a + publicly available arrears list. + ``(ii) All OTC monograph drugs manufactured in such a + facility or containing an ingredient manufactured in such a + facility shall be deemed misbranded under section 502(ff). + ``(B) Application of penalties.--The penalties under this + paragraph shall apply until the fee established by subsection + (a)(1) is paid. + ``(2) Order requests.--An OTC monograph order request submitted + by a person subject to fees under subsection (a) shall be + considered incomplete and shall not be accepted for filing by the + Secretary until all fees owed by such person under this section + have been paid. + ``(3) Meetings.--A person subject to fees under this section + shall be considered ineligible for OTC monograph drug meetings + until all such fees owed by such person have been paid. + ``(f) Crediting and Availability of Fees.-- + ``(1) In general.--Fees authorized under subsection (a) shall + be collected and available for obligation only to the extent and in + the amount provided in advance in appropriations Acts. Such fees + are authorized to remain available until expended. Such sums as may + be necessary may be transferred from the Food and Drug + Administration salaries and expenses appropriation account without + fiscal year limitation to such appropriation account for salaries + and expenses with such fiscal year limitation. The sums transferred + shall be available solely for OTC monograph drug activities. + ``(2) Collections and appropriation acts.-- + ``(A) In general.--Subject to subparagraph (C), the fees + authorized by this section shall be collected and available in + each fiscal year in an amount not to exceed the amount + specified in appropriation Acts, or otherwise made available + for obligation, for such fiscal year. + ``(B) Use of fees and limitation.--The fees authorized by + this section shall be available to defray increases in the + costs of the resources allocated for OTC monograph drug + activities (including increases in such costs for an additional + number of full-time equivalent positions in the Department of + Health and Human Services to be engaged in such activities), + only if the Secretary allocates for such purpose an amount for + such fiscal year (excluding amounts from fees collected under + this section) no less than $12,000,000, multiplied by the + adjustment factor applicable to the fiscal year involved under + subsection (c)(1). + ``(C) Compliance.--The Secretary shall be considered to + have met the requirements of subparagraph (B) in any fiscal + year if the costs funded by appropriations and allocated for + OTC monograph drug activities are not more than 15 percent + below the level specified in such subparagraph. + ``(D) Provision for early payments in subsequent years.-- + Payment of fees authorized under this section for a fiscal year + (after fiscal year 2021), prior to the due date for such fees, + may be accepted by the Secretary in accordance with authority + provided in advance in a prior year appropriations Act. + ``(3) Authorization of appropriations.--For each of the fiscal + years 2021 through 2025, there is authorized to be appropriated for + fees under this section an amount equal to the total amount of fees + assessed for such fiscal year under this section. + ``(g) Collection of Unpaid Fees.--In any case where the Secretary +does not receive payment of a fee assessed under subsection (a) within +30 calendar days after it is due, such fee shall be treated as a claim +of the United States Government subject to subchapter II of chapter 37 +of title 31, United States Code. + ``(h) Construction.--This section may not be construed to require +that the number of full-time equivalent positions in the Department of +Health and Human Services, for officers, employers, and advisory +committees not engaged in OTC monograph drug activities, be reduced to +offset the number of officers, employees, and advisory committees so +engaged. +``SEC. 744N. REAUTHORIZATION; REPORTING REQUIREMENTS. + ``(a) Performance Report.--Beginning with fiscal year 2021, and not +later than 120 calendar days after the end of each fiscal year +thereafter for which fees are collected under this part, the Secretary +shall prepare and submit to the Committee on Energy and Commerce of the +House of Representatives and the Committee on Health, Education, Labor, +and Pensions of the Senate a report concerning the progress of the Food +and Drug Administration in achieving the goals identified in the +letters described in section 3861(b) of the CARES Act during such +fiscal year and the future plans of the Food and Drug Administration +for meeting such goals. + ``(b) Fiscal Report.--Not later than 120 calendar days after the +end of fiscal year 2021 and each subsequent fiscal year for which fees +are collected under this part, the Secretary shall prepare and submit +to the Committee on Energy and Commerce of the House of Representatives +and the Committee on Health, Education, Labor, and Pensions of the +Senate a report on the implementation of the authority for such fees +during such fiscal year and the use, by the Food and Drug +Administration, of the fees collected for such fiscal year. + ``(c) Public Availability.--The Secretary shall make the reports +required under subsections (a) and (b) available to the public on the +internet website of the Food and Drug Administration. + ``(d) Reauthorization.-- + ``(1) Consultation.--In developing recommendations to present + to the Congress with respect to the goals described in subsection + (a), and plans for meeting the goals, for OTC monograph drug + activities for the first 5 fiscal years after fiscal year 2025, and + for the reauthorization of this part for such fiscal years, the + Secretary shall consult with-- + ``(A) the Committee on Energy and Commerce of the House of + Representatives; + ``(B) the Committee on Health, Education, Labor, and + Pensions of the Senate; + ``(C) scientific and academic experts; + ``(D) health care professionals; + ``(E) representatives of patient and consumer advocacy + groups; and + ``(F) the regulated industry. + ``(2) Public review of recommendations.--After negotiations + with the regulated industry, the Secretary shall-- + ``(A) present the recommendations developed under paragraph + (1) to the congressional committees specified in such + paragraph; + ``(B) publish such recommendations in the Federal Register; + ``(C) provide for a period of 30 calendar days for the + public to provide written comments on such recommendations; + ``(D) hold a meeting at which the public may present its + views on such recommendations; and + ``(E) after consideration of such public views and + comments, revise such recommendations as necessary. + ``(3) Transmittal of recommendations.--Not later than January + 15, 2025, the Secretary shall transmit to the Congress the revised + recommendations under paragraph (2), a summary of the views and + comments received under such paragraph, and any changes made to the + recommendations in response to such views and comments.''. + +TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED + SECTORS OF THE UNITED STATES ECONOMY + Subtitle A--Coronavirus Economic Stabilization Act of 2020 + +SEC. 4001. SHORT TITLE. + This subtitle may be cited as the ``Coronavirus Economic +Stabilization Act of 2020''. +SEC. 4002. DEFINITIONS. + In this subtitle: + (1) Air carrier.--The term ``air carrier'' has the meaning such + term has under section 40102 of title 49, United States Code. + (2) Coronavirus.--The term ``coronavirus'' means SARS-CoV-2 or + another coronavirus with pandemic potential. + (3) Covered loss.--The term ``covered loss'' includes losses + incurred directly or indirectly as a result of coronavirus, as + determined by the Secretary. + (4) Eligible business.--The term ``eligible business'' means-- + (A) an air carrier; or + (B) a United States business that has not otherwise + received adequate economic relief in the form of loans or loan + guarantees provided under this Act. + (5) Employee.--Except where the context otherwise requires, the + term ``employee''-- + (A) has the meaning given the term in section 2 of the + National Labor Relations Act (29 U.S.C. 152); and + (B) includes any individual employed by an employer subject + to the Railway Labor Act (45 U.S.C. 151 et seq.). + (6) Equity security; exchange.--The terms ``equity security'' + and ``exchange'' have the meanings given the terms in section 3(a) + of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). + (7) Municipality.--The term ``municipality'' includes-- + (A) a political subdivision of a State, and + (B) an instrumentality of a municipality, a State, or a + political subdivision of a State. + (8) National securities exchange.--The term ``national + securities exchange'' means an exchange registered as a national + securities exchange under section 6 of the Securities Exchange Act + of 1934 (15 U.S.C. 78f). + (9) Secretary.--The term ``Secretary'' means the Secretary of + the Treasury, or the designee of the Secretary of the Treasury. + (10) State.--The term ``State'' means-- + (A) any of the several States; + (B) the District of Columbia; + (C) any of the territories and possessions of the United + States; + (D) any bi-State or multi-State entity; and + (E) any Indian Tribe. +SEC. 4003. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS. + (a) In General.--Notwithstanding any other provision of law, to +provide liquidity to eligible businesses, States, and municipalities +related to losses incurred as a result of coronavirus, the Secretary is +authorized to make loans, loan guarantees, and other investments in +support of eligible businesses, States, and municipalities that do not, +in the aggregate, exceed $500,000,000,000 and provide the subsidy +amounts necessary for such loans, loan guarantees, and other +investments in accordance with the provisions of the Federal Credit +Reform Act of 1990 (2 U.S.C. 661 et seq.). + (b) Loans, Loan Guarantees, and Other Investments.--Loans, loan +guarantees, and other investments made pursuant to subsection (a) shall +be made available as follows: + (1) Not more than $25,000,000,000 shall be available to make + loans and loan guarantees for passenger air carriers, eligible + businesses that are certified under part 145 of title 14, Code of + Federal Regulations, and approved to perform inspection, repair, + replace, or overhaul services, and ticket agents (as defined in + section 40102 of title 49, United States Code). + (2) Not more than $4,000,000,000 shall be available to make + loans and loan guarantees for cargo air carriers. + (3) Not more than $17,000,000,000 shall be available to make + loans and loan guarantees for businesses critical to maintaining + national security. + (4) Not more than the sum of $454,000,000,000 and any amounts + available under paragraphs (1), (2), and (3) that are not used as + provided under those paragraphs shall be available to make loans + and loan guarantees to, and other investments in, programs or + facilities established by the Board of Governors of the Federal + Reserve System for the purpose of providing liquidity to the + financial system that supports lending to eligible businesses, + States, or municipalities by-- + (A) purchasing obligations or other interests directly from + issuers of such obligations or other interests; + (B) purchasing obligations or other interests in secondary + markets or otherwise; or + (C) making loans, including loans or other advances secured + by collateral. + (c) Terms and Conditions.-- + (1) In general.-- + (A) Forms; terms and conditions.--A loan, loan guarantee, + or other investment by the Secretary shall be made under this + section in such form and on such terms and conditions and + contain such covenants, representations, warranties, and + requirements (including requirements for audits) as the + Secretary determines appropriate. Any loans made by the + Secretary under this section shall be at a rate determined by + the Secretary based on the risk and the current average yield + on outstanding marketable obligations of the United States of + comparable maturity. + (B) Procedures.--As soon as practicable, but in no case + later than 10 days after the date of enactment of this Act, the + Secretary shall publish procedures for application and minimum + requirements, which may be supplemented by the Secretary in the + Secretary's discretion, for making loans, loan guarantees, or + other investments under paragraphs (1), (2) and (3) of + subsection (b) . + (2) Loans and loan guarantees .--The Secretary may enter into + agreements to make loans or loan guarantees to 1 or more eligible + businesses under paragraphs (1), (2) and (3) of subsection (b) if + the Secretary determines that, in the Secretary's discretion-- + (A) the applicant is an eligible business for which credit + is not reasonably available at the time of the transaction; + (B) the intended obligation by the applicant is prudently + incurred; + (C) the loan or loan guarantee is sufficiently secured or + is made at a rate that-- + (i) reflects the risk of the loan or loan guarantee; + and + (ii) is to the extent practicable, not less than an + interest rate based on market conditions for comparable + obligations prevalent prior to the outbreak of the + coronavirus disease 2019 (COVID-19); + (D) the duration of the loan or loan guarantee is as short + as practicable and in any case not longer than 5 years; + (E) the agreement provides that, until the date 12 months + after the date the loan or loan guarantee is no longer + outstanding, neither the eligible business nor any affiliate of + the eligible business may purchase an equity security that is + listed on a national securities exchange of the eligible + business or any parent company of the eligible business, except + to the extent required under a contractual obligation in effect + as of the date of enactment of this Act; + (F) the agreement provides that, until the date 12 months + after the date the loan or loan guarantee is no longer + outstanding, the eligible business shall not pay dividends or + make other capital distributions with respect to the common + stock of the eligible business; + (G) the agreement provides that, until September 30, 2020, + the eligible business shall maintain its employment levels as + of March 24, 2020, to the extent practicable, and in any case + shall not reduce its employment levels by more than 10 percent + from the levels on such date; + (H) the agreement includes a certification by the eligible + business that it is created or organized in the United States + or under the laws of the United States and has significant + operations in and a majority of its employees based in the + United States; and + (I) for purposes of a loan or loan guarantee under + paragraphs (1), (2), and (3) of subsection (b), the eligible + business must have incurred or is expected to incur covered + losses such that the continued operations of the business are + jeopardized, as determined by the Secretary. + (3) Federal reserve programs or facilities.-- + (A) Terms and conditions.-- + (i) Definition.--In this paragraph, the term ``direct + loan'' means a loan under a bilateral loan agreement that + is -- + + (I) entered into directly with an eligible business + as borrower; and + (II) not part of a syndicated loan, a loan + originated by a financial institution in the ordinary + course of business, or a securities or capital markets + transaction. + + (ii) Restrictions.--The Secretary may make a loan, loan + guarantee, or other investment under subsection (b)(4) as + part of a program or facility that provides direct loans + only if the applicable eligible businesses agree-- + + (I) until the date 12 months after the date on + which the direct loan is no longer outstanding, not to + repurchase an equity security that is listed on a + national securities exchange of the eligible business + or any parent company of the eligible business while + the direct loan is outstanding, except to the extent + required under a contractual obligation that is in + effect as of the date of enactment of this Act; + (II) until the date 12 months after the date on + which the direct loan is no longer outstanding, not to + pay dividends or make other capital distributions with + respect to the common stock of the eligible business; + and + (III) to comply with the limitations on + compensation set forth in section 4004. + + (iii) Waiver.--The Secretary may waive the requirement + under clause (ii) with respect to any program or facility + upon a determination that such waiver is necessary to + protect the interests of the Federal Government. If the + Secretary exercises a waiver under this clause, the + Secretary shall make himself available to testify before + the Committee on Banking, Housing, and Urban Affairs of the + Senate and the Committee on Financial Services of the House + of Representatives regarding the reasons for the waiver. + (B) Federal reserve act taxpayer protections and other + requirements apply.--For the avoidance of doubt, any applicable + requirements under section 13(3) of the Federal Reserve Act (12 + U.S.C. 343(3)), including requirements relating to loan + collateralization, taxpayer protection, and borrower solvency, + shall apply with respect to any program or facility described + in subsection (b)(4). + (C) United states businesses.--A program or facility in + which the Secretary makes a loan, loan guarantee, or other + investment under subsection (b)(4) shall only purchase + obligations or other interests (other than securities that are + based on an index or that are based on a diversified pool of + securities) from, or make loans or other advances to, + businesses that are created or organized in the United States + or under the laws of the United States and that have + significant operations in and a majority of its employees based + in the United States. + (D) Assistance for mid-sized businesses.-- + (i) In general.--Without limiting the terms and + conditions of the programs and facilities that the + Secretary may otherwise provide financial assistance to + under subsection (b)(4), the Secretary shall endeavor to + seek the implementation of a program or facility described + in subsection (b)(4) that provides financing to banks and + other lenders that make direct loans to eligible businesses + including, to the extent practicable, nonprofit + organizations, with between 500 and 10,000 employees, with + such direct loans being subject to an annualized interest + rate that is not higher than 2 percent per annum. For the + first 6 months after any such direct loan is made, or for + such longer period as the Secretary may determine in his + discretion, no principal or interest shall be due and + payable. Any eligible borrower applying for a direct loan + under this program shall make a good-faith certification + that-- + + (I) the uncertainty of economic conditions as of + the date of the application makes necessary the loan + request to support the ongoing operations of the + recipient; + (II) the funds it receives will be used to retain + at least 90 percent of the recipient's workforce, at + full compensation and benefits, until September 30, + 2020; + (III) the recipient intends to restore not less + than 90 percent of the workforce of the recipient that + existed as of February 1, 2020, and to restore all + compensation and benefits to the workers of the + recipient no later than 4 months after the termination + date of the public health emergency declared by the + Secretary of Health and Human Services on January 31, + 2020, under section 319 of the Public Health Services + Act (42 U.S.C. 247d) in response to COVID-19; + (IV) the recipient is an entity or business that is + domiciled in the United States with significant + operations and employees located in the United States; + (V) the recipient is not a debtor in a bankruptcy + proceeding; + (VI) the recipient is created or organized in the + United States or under the laws of the United States + and has significant operations in and a majority of its + employees based in the United States; + (VII) the recipient will not pay dividends with + respect to the common stock of the eligible business, + or repurchase an equity security that is listed on a + national securities exchange of the recipient or any + parent company of the recipient while the direct loan + is outstanding, except to the extent required under a + contractual obligation that is in effect as of the date + of enactment of this Act; + (VIII) the recipient will not outsource or offshore + jobs for the term of the loan and 2 years after + completing repayment of the loan; + (IX) the recipient will not abrogate existing + collective bargaining agreements for the term of the + loan and 2 years after completing repayment of the + loan; and + (X) that the recipient will remain neutral in any + union organizing effort for the term of the loan. + + (ii) Main street lending program.--Nothing in this + subparagraph shall limit the discretion of the Board of + Governors of the Federal Reserve System to establish a Main + Street Lending Program or other similar program or facility + that supports lending to small and mid-sized businesses on + such terms and conditions as the Board may set consistent + with section 13(3) of the Federal Reserve Act (12 U.S.C. + 343(3)), including any such program in which the Secretary + makes a loan, loan guarantee, or other investment under + subsection (b)(4). + (E) Government participants.--The Secretary shall endeavor + to seek the implementation of a program or facility in + accordance with subsection (b)(4) that provides liquidity to + the financial system that supports lending to States and + municipalities. + (d) Financial Protection of Government.-- + (1) Warrant or senior debt instrument.--The Secretary may not + issue a loan to, or a loan guarantee for, an eligible business + under paragraph (1), (2), or (3) of subsection (b) unless-- + (A)(i) the eligible business has issued securities that are + traded on a national securities exchange; and + (ii) the Secretary receives a warrant or equity interest in + the eligible business; or + (B) in the case of any eligible business other than an + eligible business described in subparagraph (A), the Secretary + receives, in the discretion of the Secretary-- + (i) a warrant or equity interest in the eligible + business; or + (ii) a senior debt instrument issued by the eligible + business. + (2) Terms and conditions.--The terms and conditions of any + warrant, equity interest, or senior debt instrument received under + paragraph (1) shall be set by the Secretary and shall meet the + following requirements: + (A) Purposes.--Such terms and conditions shall be designed + to provide for a reasonable participation by the Secretary, for + the benefit of taxpayers, in equity appreciation in the case of + a warrant or other equity interest, or a reasonable interest + rate premium, in the case of a debt instrument. + (B) Authority to sell, exercise, or surrender.--For the + primary benefit of taxpayers, the Secretary may sell, exercise, + or surrender a warrant or any senior debt instrument received + under this subsection. The Secretary shall not exercise voting + power with respect to any shares of common stock acquired under + this section. + (C) Sufficiency.--If the Secretary determines that the + eligible business cannot feasibly issue warrants or other + equity interests as required by this subsection, the Secretary + may accept a senior debt instrument in an amount and on such + terms as the Secretary deems appropriate. + (3) Prohibition on loan forgiveness.--The principal amount of + any obligation issued by an eligible business, State, or + municipality under a program described in subsection (b) shall not + be reduced through loan forgiveness. + (e) Deposit of Proceeds.--Amounts collected under subsection (b) +shall be deposited in the following order of priority: + (1) Into the financing accounts established under section 505 + of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d) to + implement this subtitle, up to an amount equal to the sum of-- + (A) the amount transferred from the appropriation made + under section 4027 to the financing accounts; and + (B) the amount necessary to repay any amount lent from the + Treasury to such financing accounts. + (2) After the deposits specified in paragraph (1) of this + subsection have been made, into the Federal Old-Age and Survivors + Insurance Trust Fund established under section 201(a) of the Social + Security Act (42 U.S.C. 401). + (f) Administrative Provisions.--Notwithstanding any other provision +of law, the Secretary may use not greater than $100,000,000 of the +funds made available under section 4027 to pay costs and administrative +expenses associated with the loans, loan guarantees, and other +investments authorized under this section. The Secretary is authorized +to take such actions as the Secretary deems necessary to carry out the +authorities in this subtitle, including, without limitation-- + (1) using direct hiring authority to hire employees to + administer this subtitle; + (2) entering into contracts, including contracts for services + authorized by this subtitle; + (3) establishing vehicles that are authorized, subject to + supervision by the Secretary, to purchase, hold, and sell assets + and issue obligations; and + (4) issuing such regulations and other guidance as may be + necessary or appropriate to carry out the authorities or purposes + of this subtitle. + (g) Financial Agents.--The Secretary is authorized to designate +financial institutions, including but not limited to, depositories, +brokers, dealers, and other institutions, as financial agents of the +United States. Such institutions shall-- + (1) perform all reasonable duties the Secretary determines + necessary to respond to the coronavirus; and + (2) be paid for such duties using appropriations available to + the Secretary to reimburse financial institutions in their capacity + as financial agents of the United States. + (h) Loans Made by or Guaranteed by the Department of the Treasury +Treated as Indebtedness for Tax Purposes.-- + (1) In general.--Any loan made by or guaranteed by the + Department of the Treasury under this section shall be treated as + indebtedness for purposes of the Internal Revenue Code of 1986, + shall be treated as issued for its stated principal amount, and + stated interest on such loans shall be treated as qualified stated + interest. + (2) Regulations or guidance.--The Secretary of the Treasury (or + the Secretary's delegate) shall prescribe such regulations or + guidance as may be necessary or appropriate to carry out the + purposes of this section, including guidance providing that the + acquisition of warrants, stock options, common or preferred stock + or other equity under this section does not result in an ownership + change for purposes of section 382 of the Internal Revenue Code of + 1986. +SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION. + (a) In General.--The Secretary may only enter into an agreement +with an eligible business to make a loan or loan guarantee under +paragraph (1), (2) or (3) of section 4003(b) if such agreement provides +that, during the period beginning on the date on which the agreement is +executed and ending on the date that is 1 year after the date on which +the loan or loan guarantee is no longer outstanding-- + (1) no officer or employee of the eligible business whose total + compensation exceeded $425,000 in calendar year 2019 (other than an + employee whose compensation is determined through an existing + collective bargaining agreement entered into prior to March 1, + 2020)-- + (A) will receive from the eligible business total + compensation which exceeds, during any 12 consecutive months of + such period, the total compensation received by the officer or + employee from the eligible business in calendar year 2019; or + (B) will receive from the eligible business severance pay + or other benefits upon termination of employment with the + eligible business which exceeds twice the maximum total + compensation received by the officer or employee from the + eligible business in calendar year 2019; and + (2) no officer or employee of the eligible business whose total + compensation exceeded $3,000,000 in calendar year 2019 may receive + during any 12 consecutive months of such period total compensation + in excess of the sum of-- + (A) $3,000,000; and + (B) 50 percent of the excess over $3,000,000 of the total + compensation received by the officer or employee from the + eligible business in calendar year 2019. + (b) Total Compensation Defined.--In this section, the term ``total +compensation'' includes salary, bonuses, awards of stock, and other +financial benefits provided by an eligible business to an officer or +employee of the eligible business. +SEC. 4005. CONTINUATION OF CERTAIN AIR SERVICE. + The Secretary of Transportation is authorized to require, to the +extent reasonable and practicable, an air carrier receiving loans and +loan guarantees under section 4003 to maintain scheduled air +transportation service as the Secretary of Transportation deems +necessary to ensure services to any point served by that carrier before +March 1, 2020. When considering whether to exercise the authority +granted by this section, the Secretary of Transportation shall take +into consideration the air transportation needs of small and remote +communities and the need to maintain well-functioning health care and +pharmaceutical supply chains, including for medical devices and +supplies. The authority under this section, including any requirement +issued by the Secretary under this section, shall terminate on March 1, +2022. +SEC. 4006. COORDINATION WITH SECRETARY OF TRANSPORTATION. + In implementing this subtitle with respect to air carriers, the +Secretary shall coordinate with the Secretary of Transportation. +SEC. 4007. SUSPENSION OF CERTAIN AVIATION EXCISE TAXES. + (a) Transportation by Air.--In the case of any amount paid for +transportation by air (including any amount treated as paid for +transportation by air by reason of section 4261(e)(3) of the Internal +Revenue Code of 1986) during the excise tax holiday period, no tax +shall be imposed under section 4261 or 4271 of such Code. The preceding +sentence shall not apply to amounts paid on or before the date of the +enactment of this Act. + (b) Use of Kerosene in Commercial Aviation.--In the case of +kerosene used in commercial aviation (as defined in section 4083 of the +Internal Revenue Code of 1986) during the excise tax holiday period-- + (1) no tax shall be imposed on such kerosene under-- + (A) section 4041(c) of the Internal Revenue Code of 1986, + or + (B) section 4081 of such Code (other than at the rate + provided in subsection (a)(2)(B) thereof), and + (2) section 6427(l) of such Code shall be applied-- + (A) by treating such use as a nontaxable use, and + (B) without regard to paragraph (4)(A)(ii) thereof. + (c) Excise Tax Holiday Period.--For purposes of this section, the +term ``excise tax holiday period'' means the period beginning after the +date of the enactment of this section and ending before January 1, +2021. +SEC. 4008. DEBT GUARANTEE AUTHORITY. + (a) Section 1105 of the Dodd-Frank Wall Street Reform and Consumer +Protection Act (12 U.S.C. 5612) is amended-- + (1) in subsection (f)-- + (A) by inserting ``in noninterest-bearing transaction + accounts'' after ``institutions''; and + (B) by striking ``shall not'' and inserting ``may''; and + (2) by adding at the end the following: + ``(h) Approval of Guarantee Program During the COVID-19 Crisis.-- + ``(1) In general.--For purposes of the congressional joint + resolution of approval provided for in subsections (c)(1) and (2) + and (d), notwithstanding any other provision of this section, the + Federal Deposit Insurance Corporation is approved upon enactment of + this Act to establish a program provided for in subsection (a), + provided that any such program and any such guarantee shall + terminate not later than December 31, 2020. + ``(2) Maximum amount.--Any debt guarantee program authorized by + this subsection shall include a maximum amount of outstanding debt + that is guaranteed.''. + (b) Federal Credit Union Transaction Account Guarantees.-- +Notwithstanding any other provision of law and in coordination with the +Federal Deposit Insurance Corporation, the National Credit Union +Administration Board may by a vote of the Board increase to unlimited, +or such lower amount as the Board approves, the share insurance +coverage provided by the National Credit Union Share Insurance Fund on +any noninterest-bearing transaction account in any federally insured +credit union without exception, provided that any such increase shall +terminate not later than December 31, 2020. +SEC. 4009. TEMPORARY GOVERNMENT IN THE SUNSHINE ACT RELIEF. + (a) In General.--Except as provided in subsection (b), +notwithstanding any other provision of law, if the Chairman of the +Board of Governors of the Federal Reserve System determines, in +writing, that unusual and exigent circumstances exist, the Board may +conduct meetings without regard to the requirements of section 552b of +title 5, United States Code, during the period beginning on the date of +enactment of this Act and ending on the earlier of-- + (1) the date on which the national emergency concerning the + novel coronavirus disease (COVID-19) outbreak declared by the + President on March 13, 2020 under the National Emergencies Act (50 + U.S.C. 1601 et seq.) terminates; or + (2) December 31, 2020. + (b) Records.--The Board of Governors of the Federal Reserve System +shall keep a record of all Board votes and the reasons for such votes +during the period described in subsection (a). +SEC. 4010. TEMPORARY HIRING FLEXIBILITY. + (a) Definition.--In this section, the term ``covered period'' means +the period beginning on the date of enactment of this Act and ending on +the sooner of-- + (1) the termination date of the national emergency concerning + the novel coronavirus disease (COVID-19) outbreak declared by the + President on March 13, 2020 under the National Emergencies Act (50 + U.S.C. 1601 et seq.); or + (2) December 31, 2020. + (b) Authority.-- During the covered period, the Secretary of +Housing and Urban Development, the Securities and Exchange Commission, +and the Commodity Futures Trading Commission may, without regard to +sections 3309 through 3318 of title 5, United States Code, recruit and +appoint candidates to fill temporary and term appointments within their +respective agencies upon a determination that those expedited +procedures are necessary and appropriate to enable the respective +agencies to prevent, prepare for, or respond to COVID-19. +SEC. 4011. TEMPORARY LENDING LIMIT WAIVER. + (a) In General.--Section 5200 of the Revised Statutes of the United +States (12 U.S.C. 84) is amended-- + (1) in subsection (c)(7)-- + (A) by inserting ``any nonbank financial company (as that + term is defined in section 102 of the Financial Stability Act + of 2010 (12 U.S.C. 5311)),'' after ``Loans or extensions of + credit to''; and + (B) by striking ``financial institution or to'' and + inserting ``financial institution, or to''; and + (2) in subsection (d), by adding at the end of paragraph (1) + the following: ``The Comptroller of the Currency may, by order, + exempt any transaction or series of transactions from the + requirements of this section upon a finding by the Comptroller that + such exemption is in the public interest and consistent with the + purposes of this section.''. + (b) Effective Period.--This section, and the amendments made by +this section, shall be effective during the period beginning on the +date of enactment of this Act and ending on the sooner of-- + (1) the termination date of the national emergency concerning + the novel coronavirus disease (COVID-19) outbreak declared by the + President on March 13, 2020 under the National Emergencies Act (50 + U.S.C. 1601 et seq.); or + (2) December 31, 2020. +SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY BANKS. + (a) Definitions.--In this section-- + (1) the term ``appropriate Federal banking agency'' has the + meaning given the term in section 2 of the Economic Growth, + Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5365 + note); and + (2) the terms ``Community Bank Leverage Ratio'' and + ``qualifying community bank'' have the meanings given the terms in + section 201(a) of the Economic Growth, Regulatory Relief, and + Consumer Protection Act (12 U.S.C. 5371 note). + (b) Interim Rule.-- + (1) In general.--Notwithstanding any other provision of law or + regulation, the appropriate Federal banking agencies shall issue an + interim final rule that provides that, for the purposes of section + 201 of the Economic Growth, Regulatory Relief, and Consumer + Protection Act (12 U.S.C. 5371 note)-- + (A) the Community Bank Leverage Ratio shall be 8 percent; + and + (B) a qualifying community bank that falls below the + Community Bank Leverage Ratio established under subparagraph + (A) shall have a reasonable grace period to satisfy the + Community Bank Leverage Ratio. + (2) Effective period.--The interim rule issued under paragraph + (1) shall be effective during the period beginning on the date on + which the appropriate Federal banking agencies issue the rule and + ending on the sooner of-- + (A) the termination date of the national emergency + concerning the novel coronavirus disease (COVID-19) outbreak + declared by the President on March 13, 2020 under the National + Emergencies Act (50 U.S.C. 1601 et seq.); or + (B) December 31, 2020. + (c) Grace Period.--During a grace period described in subsection +(b)(1)(B), a qualifying community bank to which the grace period +applies may continue to be treated as a qualifying community bank and +shall be presumed to satisfy the capital and leverage requirements +described in section 201(c) of the Economic Growth, Regulatory Relief, +and Consumer Protection Act (12 U.S.C. 5371 note). +SEC. 4013. TEMPORARY RELIEF FROM TROUBLED DEBT RESTRUCTURINGS. + (a) Definitions.--In this section: + (1) Applicable period.--The term ``applicable period'' means + the period beginning on March 1, 2020 and ending on the earlier of + December 31, 2020, or the date that is 60 days after the date on + which the national emergency concerning the novel coronavirus + disease (COVID-19) outbreak declared by the President on March 13, + 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) + terminates. + (2) Appropriate federal banking agency.--The term ``appropriate + Federal banking agency''-- + (A) has the meaning given the term in section 3 of the + Federal Deposit Insurance Act (12 U.S.C. 1813); and + (B) includes the National Credit Union Administration. + (b) Suspension.-- + (1) In general.--During the applicable period, a financial + institution may elect to-- + (A) suspend the requirements under United States generally + accepted accounting principles for loan modifications related + to the coronavirus disease 2019 (COVID-19) pandemic that would + otherwise be categorized as a troubled debt restructuring; and + (B) suspend any determination of a loan modified as a + result of the effects of the coronavirus disease 2019 (COVID- + 19) pandemic as being a troubled debt restructuring, including + impairment for accounting purposes. + (2) Applicability.--Any suspension under paragraph (1)-- + (A) shall be applicable for the term of the loan + modification, but solely with respect to any modification, + including a forbearance arrangement, an interest rate + modification, a repayment plan, and any other similar + arrangement that defers or delays the payment of principal or + interest, that occurs during the applicable period for a loan + that was not more than 30 days past due as of December 31, + 2019; and + (B) shall not apply to any adverse impact on the credit of + a borrower that is not related to the coronavirus disease 2019 + (COVID-19) pandemic. + (c) Deference.--The appropriate Federal banking agency of the +financial institution shall defer to the determination of the financial +institution to make a suspension under this section. + (d) Records.--For modified loans for which suspensions under +subsection (a) apply-- + (1) financial institutions should continue to maintain records + of the volume of loans involved; and + (2) the appropriate Federal banking agencies may collect data + about such loans for supervisory purposes. +SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM CURRENT EXPECTED CREDIT +LOSSES. + (a) Definitions.--In this section: + (1) Appropriate federal banking agency.--The term ``appropriate + Federal banking agency''-- + (A) has the meaning given the term in section 3 of the + Federal Deposit Insurance Act (12 U.S.C. 1813); and + (B) includes the National Credit Union Administration. + (2) Insured depository institution.--The term ``insured + depository institution''-- + (A) has the meaning given the term in section 3 of the + Federal Deposit Insurance Act (12 U.S.C. 1813); and + (B) includes a credit union. + (b) Temporary Relief From CECL Standards.--Notwithstanding any +other provision of law, no insured depository institution, bank holding +company, or any affiliate thereof shall be required to comply with the +Financial Accounting Standards Board Accounting Standards Update No. +2016-13 (``Measurement of Credit Losses on Financial Instruments''), +including the current expected credit losses methodology for estimating +allowances for credit losses, during the period beginning on the date +of enactment of this Act and ending on the earlier of-- + (1) the date on which the national emergency concerning the + novel coronavirus disease (COVID-19) outbreak declared by the + President on March 13, 2020 under the National Emergencies Act (50 + U.S.C. 1601 et seq.) terminates; or + (2) December 31, 2020. +SEC. 4015. NON-APPLICABILITY OF RESTRICTIONS ON ESF DURING NATIONAL +EMERGENCY. + (a) In General.--Section 131 of the Emergency Economic +Stabilization Act of 2008 (12 U.S.C. 5236) shall not apply during the +period beginning on the date of enactment of this Act and ending on +December 31, 2020. Any guarantee established as a result of the +application of subsection (a) shall-- + (1) be limited to a guarantee of the total value of a + shareholder's account in a participating fund as of the close of + business on the day before the announcement of the guarantee; and + (2) terminate not later than December 31, 2020. + (b) Direct Appropriation.--Upon the expiration of the period +described in subsection (a), there is appropriated, out of amounts in +the Treasury not otherwise appropriated, such sums as may be necessary +to reimburse the fund established under section 5302(a)(1) of title 31, +United States Code, for any funds that are used for the Treasury Money +Market Funds Guaranty Program for the United States money market mutual +fund industry to the extent a claim payment made exceeds the balance of +fees collected by the fund. +SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS. + (a) In General.-- + (1) Definitions.--Section 302(1) of the Federal Credit Union + Act (12 U.S.C. 1795a(1)) is amended, in the matter preceding + subparagraph (A), by striking ``primarily serving natural + persons''. + (2) Membership.--Section 304(b)(2) of the Federal Credit Union + Act (12 U.S.C. 1795c(b)(2)) is amended by striking ``all those + credit unions'' and inserting ``such credit unions as the Board may + in its discretion determine''. + (3) Extensions of credit.--Section 306(a)(1) of the Federal + Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in the second + sentence, by striking ``the intent of which is to expand credit + union portfolios'' and inserting ``without first having obtained + evidence from the applicant that the applicant has made reasonable + efforts to first use primary sources of liquidity of the applicant, + including balance sheet and market funding sources, to address the + liquidity needs of the applicant''. + (4) Powers of the board.--Section 307(a)(4)(A) of the Federal + Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended by inserting + ``, provided that, the total face value of such obligations shall + not exceed 16 times the subscribed capital stock and surplus of the + Facility for the period beginning on the date of enactment of the + Coronavirus Economic Stabilization Act of 2020 and ending on + December 31, 2020'' after ``Facility''. + (b) Sunset.-- + (1) In general.-- + (A) Definitions.--Section 302(1) of the Federal Credit + Union Act (12 U.S.C. 1795a(1)) is amended, in the matter + preceding subparagraph (A), by inserting ``primarily serving + natural persons'' after ``credit unions''. + (B) Membership.--Section 304(b)(2) of the Federal Credit + Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking ``such + credit unions as the Board may in its discretion determine'' + and inserting ``all those credit unions''. + (C) Extensions of credit.--Section 306(a)(1) of the Federal + Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in the + second sentence, by striking ``without first having obtained + evidence from the applicant that the applicant has made + reasonable efforts to first use primary sources of liquidity of + the applicant, including balance sheet and market funding + sources, to address the liquidity needs of the applicant'' and + inserting ``the intent of which is to expand credit union + portfolios''. + (2) Effective date.--The amendments made by paragraph (1) shall + take effect on December 31, 2020. +SEC. 4017. INCREASING ACCESS TO MATERIALS NECESSARY FOR NATIONAL +SECURITY AND PANDEMIC RECOVERY. + Notwithstanding any other provision of law-- + (1) during the 2-year period beginning on the date of enactment + of this Act, the requirements described in sections 303(a)(6)(C) + and 304(e) of the Defense Production Act of 1950 (50 U.S.C. + 4533(a)(6)(C), 4534(e)) shall not apply; and + (2) during the 1-year period beginning on the date of enactment + of this Act, the requirements described in sections 302(d)(1) and + 303 (a)(6)(B) of the Defense Production Act of 1950 (50 U.S.C. + 4532(d)(1), 4533(a)(6)(B)) shall not apply. +SEC. 4018. SPECIAL INSPECTOR GENERAL FOR PANDEMIC RECOVERY. + (a) Office of Inspector General.--There is hereby established +within the Department of the Treasury the Office of the Special +Inspector General for Pandemic Recovery. + (b) Appointment of Inspector General; Removal.-- + (1) In general.--The head of the Office of the Special + Inspector General for Pandemic Recovery shall be the Special + Inspector General for Pandemic Recovery (referred to in this + section as the ``Special Inspector General''), who shall be + appointed by the President, by and with the advice and consent of + the Senate. + (2) Nomination.--The nomination of the Special Inspector + General shall be made on the basis of integrity and demonstrated + ability in accounting, auditing, financial analysis, law, + management analysis, public administration, or investigations. The + nomination of an individual as Special Inspector General shall be + made as soon as practicable after any loan, loan guarantee, or + other investment is made under section 4003. + (3) Removal.--The Special Inspector General shall be removable + from office in accordance with the provisions of section 3(b) of + the Inspector General Act of 1978 (5 U.S.C. App.). + (4) Political activity.--For purposes of section 7324 of title + 5, United States Code, the Special Inspector General shall not be + considered an employee who determines policies to be pursued by the + United States in the nationwide administration of Federal law. + (5) Basic pay.--The annual rate of basic pay of the Special + Inspector General shall be the annual rate of basic pay for an + Inspector General under section 3(e) of the Inspector General Act + of 1978 (5 U.S.C. App.). + (c) Duties.-- + (1) In general.--It shall be the duty of the Special Inspector + General to, in accordance with section 4(b)(1) of the Inspector + General Act of 1978 (5 U.S.C. App.), conduct, supervise, and + coordinate audits and investigations of the making, purchase, + management, and sale of loans, loan guarantees, and other + investments made by the Secretary of the Treasury under any program + established by the Secretary under this Act, and the management by + the Secretary of any program established under this Act, including + by collecting and summarizing the following information: + (A) A description of the categories of the loans, loan + guarantees, and other investments made by the Secretary. + (B) A listing of the eligible businesses receiving loan, + loan guarantees, and other investments made under each category + described in subparagraph (A). + (C) An explanation of the reasons the Secretary determined + it to be appropriate to make each loan or loan guarantee under + this Act, including a justification of the price paid for, and + other financial terms associated with, the applicable + transaction. + (D) A listing of, and detailed biographical information + with respect to, each person hired to manage or service each + loan, loan guarantee, or other investment made under section + 4003. + (E) A current, as of the date on which the information is + collected, estimate of the total amount of each loan, loan + guarantee, and other investment made under this Act that is + outstanding, the amount of interest and fees accrued and + received with respect to each loan or loan guarantee, the total + amount of matured loans, the type and amount of collateral, if + any, and any losses or gains, if any, recorded or accrued for + each loan, loan guarantee, or other investment. + (2) Maintenance of systems.--The Special Inspector General + shall establish, maintain, and oversee such systems, procedures, + and controls as the Special Inspector General considers appropriate + to discharge the duties of the Special Inspector General under + paragraph (1). + (3) Additional duties and responsibilities.--In addition to the + duties described in paragraphs (1) and (2), the Special Inspector + General shall also have the duties and responsibilities of + inspectors general under the Inspector General Act of 1978 (5 + U.S.C. App.). + (d) Powers and Authorities.-- + (1) In general.--In carrying out the duties of the Special + Inspector General under subsection (c), the Special Inspector + General shall have the authorities provided in section 6 of the + Inspector General Act of 1978 (5 U.S.C. App.). + (2) Treatment of office.--The Office of the Special Inspector + General for Pandemic Recovery shall be considered to be an office + described in section 6(f)(3) of the Inspector General Act of 1978 + (5 U.S.C. App.) and shall be exempt from an initial determination + by the Attorney General under section 6(f)(2) of that Act. + (e) Personnel, Facilities, and Other Resources.-- + (1) Appointment of officers and employees.--The Special + Inspector General may select, appoint, and employ such officers and + employees as may be necessary for carrying out the duties of the + Special Inspector General, subject to the provisions of title 5, + United States Code, governing appointments in the competitive + service, and the provisions of chapter 51 and subchapter III of + chapter 53 of that title, relating to classification and General + Schedule pay rates. + (2) Experts and consultants.--The Special Inspector General may + obtain services as authorized under section 3109 of title 5, United + States Code, at daily rates not to exceed the equivalent rate + prescribed for grade GS-15 of the General Schedule by section 5332 + of that title. + (3) Contracts.--The Special Inspector General may enter into + contracts and other arrangements for audits, studies, analyses, and + other services with public agencies and with private persons, and + make such payments as may be necessary to carry out the duties of + the Inspector General. + (4) Requests for information.-- + (A) In general.--Upon request of the Special Inspector + General for information or assistance from any department, + agency, or other entity of the Federal Government, the head of + that department, agency, or entity shall, to the extent + practicable and not in contravention of any existing law, + furnish that information or assistance to the Special Inspector + General, or an authorized designee. + (B) Refusal to provide requested information.--Whenever + information or assistance requested by the Special Inspector + General is, in the judgment of the Special Inspector General, + unreasonably refused or not provided, the Special Inspector + General shall report the circumstances to the appropriate + committees of Congress without delay. + (f) Reports.-- + (1) Quarterly reports.-- + (A) In general.--Not later than 60 days after the date on + which the Special Inspector General is confirmed, and once + every calendar quarter thereafter, the Special Inspector + General shall submit to the appropriate committees of Congress + a report summarizing the activities of the Special Inspector + General during the 3-month period ending on the date on which + the Special Inspector General submits the report. + (B) Contents.--Each report submitted under subparagraph (A) + shall include, for the period covered by the report, a detailed + statement of all loans, loan guarantees, other transactions, + obligations, expenditures, and revenues associated with any + program established by the Secretary under section 4003, as + well as the information collected under subsection (c)(1). + (2) Rule of construction.--Nothing in this subsection may be + construed to authorize the public disclosure of information that + is-- + (A) specifically prohibited from disclosure by any other + provision of law; + (B) specifically required by Executive order to be + protected from disclosure in the interest of national defense + or national security or in the conduct of foreign affairs; or + (C) a part of an ongoing criminal investigation. + (g) Funding.-- + (1) In general.--Of the amounts made available to the Secretary + under section 4027, $25,000,000 shall be made available to the + Special Inspector General to carry out this section. + (2) Availability.--The amounts made available to the Special + Inspector General under paragraph (1) shall remain available until + expended. + (h) Termination.--The Office of the Special Inspector General shall +terminate on the date 5 years after the enactment of this Act. + (i) Council of the Inspectors General on Integrity and +Efficiency.--The Special Inspector General shall be a member of the +Council of the Inspectors General on Integrity and Efficiency +established under section 11 of the Inspector General Act of 1978 (5 +U.S.C. App.) until the date of termination of the Office of the Special +Inspector General. + (j) Corrective Responses to Audit Problems.--The Secretary shall-- + (1) take action to address deficiencies identified by a report + or investigation of the Special Inspector General; or + (2) with respect to a deficiency identified under paragraph + (1), certify to the Committee on Banking, Housing, and Urban + Affairs of the Senate, the Committee on Finance of the Senate, the + Committee on Financial Services of the House of Representatives, + and the Committee on Ways and Means of the House of Representatives + that no action is necessary or appropriate. +SEC. 4019. CONFLICTS OF INTEREST. + (a) Definitions.--In this section: + (1) Controlling interest.--The term ``controlling interest'' + means owning, controlling, or holding not less than 20 percent, by + vote or value, of the outstanding amount of any class of equity + interest in an entity. + (2) Covered entity.--The term ``covered entity'' means an + entity in which a covered individual directly or indirectly holds a + controlling interest. For the purpose of determining whether an + entity is a covered entity, the securities owned, controlled, or + held by 2 or more individuals who are related as described in + paragraph (3)(B) shall be aggregated. + (3) Covered individual.--The term ``covered individual'' + means-- + (A) the President, the Vice President, the head of an + Executive department, or a Member of Congress; and + (B) the spouse, child, son-in-law, or daughter-in-law, as + determined under applicable common law, of an individual + described in subparagraph (A). + (4) Executive department.--The term ``Executive department'' + has the meaning given the term in section 101 of title 5, United + States Code. + (5) Member of congress.--The term ``member of Congress'' means + a member of the Senate or House of Representatives, a Delegate to + the House of Representatives, and the Resident Commissioner from + Puerto Rico. + (6) Equity interest.--The term ``equity interest'' means-- + (A) a share in an entity, without regard to whether the + share is-- + (i) transferable; or + (ii) classified as stock or anything similar; + (B) a capital or profit interest in a limited liability + company or partnership; or + (C) a warrant or right, other than a right to convert, to + purchase, sell, or subscribe to a share or interest described + in subparagraph (A) or (B), respectively. + (b) Prohibition.--Notwithstanding any other provision of this +subtitle, no covered entity may be eligible for any transaction +described in section 4003. + (c) Requirement.--The principal executive officer and the principal +financial officer, or individuals performing similar functions, of an +entity seeking to enter a transaction under section 4003 shall, before +that transaction is approved, certify to the Secretary and the Board of +Governors of the Federal Reserve System that the entity is eligible to +engage in that transaction, including that the entity is not a covered +entity. +SEC. 4020. CONGRESSIONAL OVERSIGHT COMMISSION. + (a) Establishment.--There is hereby established the Congressional +Oversight Commission (hereafter in this section referred to as the +``Oversight Commission'') as an establishment in the legislative +branch. + (b) Duties.-- + (1) In general.--The Oversight Commission shall-- + (A) conduct oversight of the implementation of this + subtitle by the Department of the Treasury and the Board of + Governors of the Federal Reserve System, including efforts of + the Department and the Board to provide economic stability as a + result of the coronavirus disease 2019 (COVID-19) pandemic of + 2020; + (B) submit to Congress reports under paragraph (2); and + (C) review the implementation of this subtitle by the + Federal Government. + (2) Regular reports.-- + (A) In general.--Reports of the Oversight Commission shall + include the following: + (i) The use by the Secretary and the Board of Governors + of the Federal Reserve System of authority under this + subtitle, including with respect to the use of contracting + authority and administration of the provisions of this + subtitle. + (ii) The impact of loans, loan guarantees, and + investments made under this subtitle on the financial well- + being of the people of the United States and the United + States economy, financial markets, and financial + institutions. + (iii) The extent to which the information made + available on transactions under this subtitle has + contributed to market transparency. + (iv) The effectiveness of loans, loan guarantees, and + investments made under this subtitle of minimizing long- + term costs to the taxpayers and maximizing the benefits for + taxpayers. + (B) Timing.--The reports required under this paragraph + shall be submitted not later than 30 days after the first + exercise by the Secretary and the Board of Governors of the + Federal Reserve System of the authority under this subtitle and + every 30 days thereafter. + (c) Membership.-- + (1) In general.--The Oversight Commission shall consist of 5 + members as follows: + (A) 1 member appointed by the Speaker of the House of + Representatives. + (B) 1 member appointed by the minority leader of the House + of Representatives. + (C) 1 member appointed by the majority leader of the + Senate. + (D) 1 member appointed by the minority leader of the + Senate. + (E) 1 member appointed as Chairperson by the Speaker of the + House of Representatives and the majority leader of the Senate, + after consultation with the minority leader of the Senate and + the minority leader of the House of Representatives + (2) Pay.--Each member of the Oversight Commission shall be paid + at a rate equal to the daily equivalent of the annual rate of basic + pay for level I of the Executive Schedule for each day (including + travel time) during which such member is engaged in the actual + performance of duties vested in the Oversight Commission. + (3) Prohibition of compensation of federal employees.--Members + of the Oversight Commission who are full-time officers or employees + of the United States may not receive additional pay, allowances, or + benefits by reason of their service on the Oversight Commission. + (4) Travel expenses.--Each member shall receive travel + expenses, including per diem in lieu of subsistence, in accordance + with applicable provisions under subchapter I of chapter 57 of + title 5, United States Code. + (5) Quorum.--Four members of the Oversight Commission shall + constitute a quorum but a lesser number may hold hearings. + (6) Vacancies.--A vacancy on the Oversight Commission shall be + filled in the manner in which the original appointment was made. + (7) Meetings.--The Oversight Commission shall meet at the call + of the Chairperson or a majority of its members. + (d) Staff.-- + (1) In general.--The Oversight Commission may appoint and fix + the pay of any personnel as the Oversight Commission considers + appropriate. + (2) Experts and consultants.--The Oversight Commission may + procure temporary and intermittent services under section 3109(b) + of title 5, United States Code. + (3) Staff of agencies.--Upon request of the Oversight + Commission, the head of any Federal department or agency may + detail, on a reimbursable basis, any of the personnel of that + department or agency to the Oversight Commission to assist it in + carrying out its duties under the this subtitle. + (e) Powers.-- + (1) Hearings and evidence.--The Oversight Commission, or any + subcommittee or member thereof, may, for the purpose of carrying + out this section hold hearings, sit and act at times and places, + take testimony, and receive evidence as the Oversight Commission + considers appropriate and may administer oaths or affirmations to + witnesses appearing before it. + (2) Contracting.--The Oversight Commission may, to such extent + and in such amounts as are provided in appropriation Acts, enter + into contracts to enable the Oversight Commission to discharge its + duties under this section. + (3) Powers of members and agents.--Any member or agent of the + Oversight Commission may, if authorized by the Oversight + Commission, take any action which the Oversight Commission is + authorized to take by this section. + (4) Obtaining official data.--The Oversight Commission may + secure directly from any department or agency of the United States + information necessary to enable it to carry out this section. Upon + request of the Chairperson of the Oversight Commission, the head of + that department or agency shall furnish that information to the + Oversight Commission. + (5) Reports.--The Oversight Commission shall receive and + consider all reports required to be submitted to the Oversight + Commission under this subtitle. + (f) Termination.--The Oversight Commission shall terminate on +September 30, 2025. + (g) Funding for Expenses.-- + (1) Authorization of appropriations.--There is authorized to be + appropriated to the Oversight Commission such sums as may be + necessary for any fiscal year, half of which shall be derived from + the applicable account of the House of Representatives, and half of + which shall be derived from the contingent fund of the Senate. + (2) Reimbursement of amounts.--An amount equal to the expenses + of the Oversight Commission shall be promptly transferred by the + Secretary and the Board of Governors of the Federal Reserve System, + from time to time upon the presentment of a statement of such + expenses by the Chairperson of the Oversight Commission, from funds + made available to the Secretary under this subtitle to the + applicable fund of the House of Representatives and the contingent + fund of the Senate, as appropriate, as reimbursement for amounts + expended from such account and fund under paragraph (1). +SEC. 4021. CREDIT PROTECTION DURING COVID-19. + Section 623(a)(1) of the Fair Credit Reporting Act (15 U.S.C. +1681s-2(a)(1)) is amended by adding at the end the following: + ``(F) Reporting information during covid-19 pandemic.-- + ``(i) Definitions.--In this subsection: + + ``(I) Accommodation.--The term `accommodation' + includes an agreement to defer 1 or more payments, make + a partial payment, forbear any delinquent amounts, + modify a loan or contract, or any other assistance or + relief granted to a consumer who is affected by the + coronavirus disease 2019 (COVID-19) pandemic during the + covered period. + ``(II) Covered period.--The term `covered period' + means the period beginning on January 31, 2020 and + ending on the later of-- + + ``(aa) 120 days after the date of enactment of + this subparagraph; or + ``(bb) 120 days after the date on which the + national emergency concerning the novel coronavirus + disease (COVID-19) outbreak declared by the + President on March 13, 2020 under the National + Emergencies Act (50 U.S.C. 1601 et seq.) + terminates. + ``(ii) Reporting.--Except as provided in clause (iii), + if a furnisher makes an accommodation with respect to 1 or + more payments on a credit obligation or account of a + consumer, and the consumer makes the payments or is not + required to make 1 or more payments pursuant to the + accommodation, the furnisher shall-- + + ``(I) report the credit obligation or account as + current; or + ``(II) if the credit obligation or account was + delinquent before the accommodation-- + + ``(aa) maintain the delinquent status during + the period in which the accommodation is in effect; + and + ``(bb) if the consumer brings the credit + obligation or account current during the period + described in item (aa), report the credit + obligation or account as current. + ``(iii) Exception.--Clause (ii) shall not apply with + respect to a credit obligation or account of a consumer + that has been charged-off.''. +SEC. 4022. FORECLOSURE MORATORIUM AND CONSUMER RIGHT TO REQUEST +FORBEARANCE. + (a) Definitions.--In this section: + (1) Covid-19 emergency.--The term ``COVID-19 emergency'' means + the national emergency concerning the novel coronavirus disease + (COVID-19) outbreak declared by the President on March 13, 2020 + under the National Emergencies Act (50 U.S.C. 1601 et seq.). + (2) Federally backed mortgage loan.--The term ``Federally + backed mortgage loan'' includes any loan which is secured by a + first or subordinate lien on residential real property (including + individual units of condominiums and cooperatives) designed + principally for the occupancy of from 1- to 4- families that is-- + (A) insured by the Federal Housing Administration under + title II of the National Housing Act (12 U.S.C. 1707 et seq.); + (B) insured under section 255 of the National Housing Act + (12 U.S.C. 1715z-20); + (C) guaranteed under section 184 or 184A of the Housing and + Community Development Act of 1992 (12 U.S.C. 1715z-13a, 1715z- + 13b); + (D) guaranteed or insured by the Department of Veterans + Affairs; + (E) guaranteed or insured by the Department of Agriculture; + (F) made by the Department of Agriculture; or + (G) purchased or securitized by the Federal Home Loan + Mortgage Corporation or the Federal National Mortgage + Association. + (b) Forbearance.-- + (1) In general.--During the covered period, a borrower with a + Federally backed mortgage loan experiencing a financial hardship + due, directly or indirectly, to the COVID-19 emergency may request + forbearance on the Federally backed mortgage loan, regardless of + delinquency status, by-- + (A) submitting a request to the borrower's servicer; and + (B) affirming that the borrower is experiencing a financial + hardship during the COVID-19 emergency. + (2) Duration of forbearance.--Upon a request by a borrower for + forbearance under paragraph (1), such forbearance shall be granted + for up to 180 days, and shall be extended for an additional period + of up to 180 days at the request of the borrower, provided that, at + the borrower's request, either the initial or extended period of + forbearance may be shortened. + (3) Accrual of interest or fees.--During a period of + forbearance described in this subsection, no fees, penalties, or + interest beyond the amounts scheduled or calculated as if the + borrower made all contractual payments on time and in full under + the terms of the mortgage contract, shall accrue on the borrower's + account. + (c) Requirements for Servicers.-- + (1) In general.--Upon receiving a request for forbearance from + a borrower under subsection (b), the servicer shall with no + additional documentation required other than the borrower's + attestation to a financial hardship caused by the COVID-19 + emergency and with no fees, penalties, or interest (beyond the + amounts scheduled or calculated as if the borrower made all + contractual payments on time and in full under the terms of the + mortgage contract) charged to the borrower in connection with the + forbearance, provide the forbearance for up to 180 days, which may + be extended for an additional period of up to 180 days at the + request of the borrower, provided that, the borrower's request for + an extension is made during the covered period, and, at the + borrower's request, either the initial or extended period of + forbearance may be shortened. + (2) Foreclosure moratorium.--Except with respect to a vacant or + abandoned property, a servicer of a Federally backed mortgage loan + may not initiate any judicial or non-judicial foreclosure process, + move for a foreclosure judgment or order of sale, or execute a + foreclosure-related eviction or foreclosure sale for not less than + the 60-day period beginning on March 18, 2020. +SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAYMENTS FOR +MULTIFAMILY PROPERTIES WITH FEDERALLY BACKED LOANS. + (a) In General.--During the covered period, a multifamily borrower +with a Federally backed multifamily mortgage loan experiencing a +financial hardship due, directly or indirectly, to the COVID-19 +emergency may request a forbearance under the terms set forth in this +section. + (b) Request for Relief.--A multifamily borrower with a Federally +backed multifamily mortgage loan that was current on its payments as of +February 1, 2020, may submit an oral or written request for forbearance +under subsection (a) to the borrower's servicer affirming that the +multifamily borrower is experiencing a financial hardship during the +COVID-19 emergency. + (c) Forbearance Period.-- + (1) In general.--Upon receipt of an oral or written request for + forbearance from a multifamily borrower, a servicer shall-- + (A) document the financial hardship; + (B) provide the forbearance for up to 30 days; and + (C) extend the forbearance for up to 2 additional 30 day + periods upon the request of the borrower provided that, the + borrower's request for an extension is made during the covered + period, and, at least 15 days prior to the end of the + forbearance period described under subparagraph (B). + (2) Right to discontinue.--A multifamily borrower shall have + the option to discontinue the forbearance at any time. + (d) Renter Protections During Forbearance Period.--A multifamily +borrower that receives a forbearance under this section may not, for +the duration of the forbearance-- + (1) evict or initiate the eviction of a tenant from a dwelling + unit located in or on the applicable property solely for nonpayment + of rent or other fees or charges; or + (2) charge any late fees, penalties, or other charges to a + tenant described in paragraph (1) for late payment of rent. + (e) Notice.--A multifamily borrower that receives a forbearance +under this section-- + (1) may not require a tenant to vacate a dwelling unit located + in or on the applicable property before the date that is 30 days + after the date on which the borrower provides the tenant with a + notice to vacate; and + (2) may not issue a notice to vacate under paragraph (1) until + after the expiration of the forbearance. + (f) Definitions.--In this section: + (1) Applicable property.--The term ``applicable property'', + with respect to a Federally backed multifamily mortgage loan, means + the residential multifamily property against which the mortgage + loan is secured by a lien. + (2) Federally backed multifamily mortgage loan.--The term + ``Federally backed multifamily mortgage loan'' includes any loan + (other than temporary financing such as a construction loan) that-- + (A) is secured by a first or subordinate lien on + residential multifamily real property designed principally for + the occupancy of 5 or more families, including any such secured + loan, the proceeds of which are used to prepay or pay off an + existing loan secured by the same property; and + (B) is made in whole or in part, or insured, guaranteed, + supplemented, or assisted in any way, by any officer or agency + of the Federal Government or under or in connection with a + housing or urban development program administered by the + Secretary of Housing and Urban Development or a housing or + related program administered by any other such officer or + agency, or is purchased or securitized by the Federal Home Loan + Mortgage Corporation or the Federal National Mortgage + Association. + (3) Multifamily borrower.--the term ``multifamily borrower'' + means a borrower of a residential mortgage loan that is secured by + a lien against a property comprising 5 or more dwelling units. + (4) Covid-19 emergency.--The term ``COVID-19 emergency'' means + the national emergency concerning the novel coronavirus disease + (COVID-19) outbreak declared by the President on March 13, 2020 + under the National Emergencies Act (50 U.S.C. 1601 et seq.). + (5) Covered period.--The term ``covered period'' means the + period beginning on the date of enactment of this Act and ending on + the sooner of-- + (A) the termination date of the national emergency + concerning the novel coronavirus disease (COVID-19) outbreak + declared by the President on March 13, 2020 under the National + Emergencies Act (50 U.S.C. 1601 et seq.); or + (B) December 31, 2020. +SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS. + (a) Definitions.--In this section: + (1) Covered dwelling.--The term ``covered dwelling'' means a + dwelling that-- + (A) is occupied by a tenant-- + (i) pursuant to a residential lease; or + (ii) without a lease or with a lease terminable under + State law; and + (B) is on or in a covered property. + (2) Covered property.--The term ``covered property'' means any + property that-- + (A) participates in-- + (i) a covered housing program (as defined in section + 41411(a) of the Violence Against Women Act of 1994 (34 + U.S.C. 12491(a))); or + (ii) the rural housing voucher program under section + 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or + (B) has a-- + (i) Federally backed mortgage loan; or + (ii) Federally backed multifamily mortgage loan. + (3) Dwelling.--The term ``dwelling''-- + (A) has the meaning given the term in section 802 of the + Fair Housing Act (42 U.S.C. 3602); and + (B) includes houses and dwellings described in section + 803(b) of such Act (42 U.S.C. 3603(b)). + (4) Federally backed mortgage loan.--The term ``Federally + backed mortgage loan'' includes any loan (other than temporary + financing such as a construction loan) that-- + (A) is secured by a first or subordinate lien on + residential real property (including individual units of + condominiums and cooperatives) designed principally for the + occupancy of from 1 to 4 families, including any such secured + loan, the proceeds of which are used to prepay or pay off an + existing loan secured by the same property; and + (B) is made in whole or in part, or insured, guaranteed, + supplemented, or assisted in any way, by any officer or agency + of the Federal Government or under or in connection with a + housing or urban development program administered by the + Secretary of Housing and Urban Development or a housing or + related program administered by any other such officer or + agency, or is purchased or securitized by the Federal Home Loan + Mortgage Corporation or the Federal National Mortgage + Association. + (5) Federally backed multifamily mortgage loan.--The term + ``Federally backed multifamily mortgage loan'' includes any loan + (other than temporary financing such as a construction loan) that-- + (A) is secured by a first or subordinate lien on + residential multifamily real property designed principally for + the occupancy of 5 or more families, including any such secured + loan, the proceeds of which are used to prepay or pay off an + existing loan secured by the same property; and + (B) is made in whole or in part, or insured, guaranteed, + supplemented, or assisted in any way, by any officer or agency + of the Federal Government or under or in connection with a + housing or urban development program administered by the + Secretary of Housing and Urban Development or a housing or + related program administered by any other such officer or + agency, or is purchased or securitized by the Federal Home Loan + Mortgage Corporation or the Federal National Mortgage + Association. + (b) Moratorium.--During the 120-day period beginning on the date of +enactment of this Act, the lessor of a covered dwelling may not-- + (1) make, or cause to be made, any filing with the court of + jurisdiction to initiate a legal action to recover possession of + the covered dwelling from the tenant for nonpayment of rent or + other fees or charges; or + (2) charge fees, penalties, or other charges to the tenant + related to such nonpayment of rent. + (c) Notice.--The lessor of a covered dwelling unit-- + (1) may not require the tenant to vacate the covered dwelling + unit before the date that is 30 days after the date on which the + lessor provides the tenant with a notice to vacate; and + (2) may not issue a notice to vacate under paragraph (1) until + after the expiration of the period described in subsection (b). +SEC. 4025. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT. + (a) In General.--Neither the Secretary, nor any other actor, +department, or agency of the Federal Government, shall condition the +issuance of a loan or loan guarantee under paragraph (1), (2), or (3) +of section 4003(b) of this subtitle on an air carrier's or eligible +business's implementation of measures to enter into negotiations with +the certified bargaining representative of a craft or class of +employees of the air carrier or eligible business under the Railway +Labor Act (45 U.S.C. 151 et seq.) or the National Labor Relations Act +(29 U.S.C. 151 et seq.), regarding pay or other terms and conditions of +employment. + (b) Period of Effect.--With respect to an air carrier or eligible +business to which the loan or loan guarantee is provided under this +subtitle, this section shall be in effect with respect to the air +carrier or eligible business beginning on the date on which the air +carrier or eligible business is first issued such loan or loan +guarantee and ending on the date that is 1 year after the loan or loan +guarantee is no longer outstanding. +SEC. 4026. REPORTS. + (a) Disclosure of Transactions.--Not later than 72 hours after any +transaction by the Secretary under paragraph (1), (2), or (3) of +section 4003(b), the Secretary shall publish on the website of the +Department of the Treasury-- + (1) a plain-language description of the transaction, including + the date of application, date of application approval, and identity + of the counterparty; + (2) the amount of the loan or loan guarantee; + (3) the interest rate, conditions, and any other material or + financial terms associated with the transaction, if applicable; and + (4) a copy of the relevant and final term sheet, if applicable, + and contract or other relevant documentation regarding the + transaction. + (b) Reports.-- + (1) To congress.-- + (A) In general.--In addition to such reports as are + required under section 5302(c) of title 31, United States Code, + not later than 7 days after the Secretary makes any loan or + loan guarantee under paragraph (1), (2), or (3) of section + 4003(b), the Secretary shall submit to the Chairmen and Ranking + Members of the Committee on Banking, Housing, and Urban Affairs + and the Committee on Finance of the Senate and the Chairmen and + Ranking Members of the Committee on Financial Services and the + Committee on Ways and Means of the House of Representatives a + report summarizing-- + (i) an overview of actions taken by the Secretary under + paragraph (1), (2) or (3) of section 4003(b) during such + period; + (ii) the actual obligation, expenditure, and + disbursements of the funds during such period; and + (iii) a detailed financial statement with respect to + the exercise of authority under paragraph (1), (2) or (3) + of section 4003(b) showing-- + + (I) all loans and loan guarantees made, renewed, or + restructured; + (II) all transactions during such period, including + the types of parties involved; + (III) the nature of the assets purchased; + (IV) a description of the vehicles established to + exercise such authority; and + (V) any or all repayment activity, delinquencies or + defaults on loans and loan guarantees issued under + paragraph (1), (2) or (3) of section 4003(b). + + (B) Publication.--Not later than 7 days after the date on + which the Secretary submits a report under subparagraph (A) to + the committees of Congress described in such subparagraph, the + Secretary shall publish such report on the website of the + Department of the Treasury. + (C) 30-day reports.--Every 30 days during such time as a + loan or loan guarantee under paragraph (1), (2), or (3) of + section 4003(b) is outstanding, the Secretary shall publish on + the website of the Department of the Treasury a report + summarizing the information set forth in subparagraph (A). + (2) Board of governors.-- + (A) In general.--With respect to any program or facility + described in paragraph (4) of section 4003(b), the Board of + Governors of the Federal Reserve System shall provide to the + Committee on Banking, Housing, and Urban Affairs of the Senate + and the Committee on Financial Services of the House of + Representatives such reports as are required to be provided + under section 13(3) of the Federal Reserve Act (12 U.S.C. + 343(3))-- + (i) not later than 7 days after the Board authorizes a + new facility or other financial assistance in accordance + with section 13(3)(C)(i) of the Federal Reserve Act (12 + U.S.C. 343(3)(C)(i)); and + (ii) once every 30 days with respect to outstanding + loans or financial assistance in accordance with section + 13(3)(C)(ii) of the Federal Reserve Act (12 U.S.C. + 343(3)(C)(ii)). + (B) Publication.--Not later than 7 days after the Board of + Governors of the Federal Reserve System submits a report under + subparagraph (A) to the committees of Congress described in + subparagraph (A), the Board shall publish on its website such + report. + (c) Testimony.--The Secretary and the Chairman of the Board of +Governors of the Federal Reserve System shall testify, on a quarterly +basis, before the Committee on Banking, Housing, and Urban Affairs of +the Senate and the Committee on Financial Services of the House of +Representatives regarding the obligations of the Department of the +Treasury and the Federal Reserve System, and transactions entered into, +under this Act. + (d) Program Descriptions.--The Secretary shall post on the website +of the Department of the Treasury all criteria, guidelines, eligibility +requirements, and application materials for the making of any loan or +loan guarantee under paragraph (1), (2), or (3) of section 4003(b). + (e) Administrative Contracts.--Not later than 24 hours after the +Secretary enters into a contract in connection with the administration +of any loan or loan guarantee authorized to be made under paragraph +(1), (2), or (3) of section 4003(b), the Secretary shall post on the +website of the Department of the Treasury a copy of the contract. + (f) Government Accountability Office.-- + (1) Study.--The Comptroller General of the United States shall + conduct a study on the loans, loan guarantees, and other + investments provided under section 4003. + (2) Report.--Not later than 9 months after the date of + enactment of this Act, and annually thereafter through the year + succeeding the last year for which loans, loan guarantees, or other + investments made under section 4003 are outstanding, the + Comptroller General shall submit to the Committee on Financial + Services, the Committee on Transportation and Infrastructure, the + Committee on Appropriations, and the Committee on the Budget of the + House of Representatives and the Committee on Banking, Housing, and + Urban Affairs, the Committee on Commerce, Science, and + Transportation, the Committee on Appropriations, and the Committee + on the Budget of the Senate a report on the loans, loan guarantees, + and other investments made under section 4003. +SEC. 4027. DIRECT APPROPRIATION. + (a) In General.--Notwithstanding any other provision of law, there +is appropriated, out of amounts in the Treasury not otherwise +appropriated, to the fund established under section 5302(a)(1) of title +31, United States Code, $500,000,000,000 to carry out this subtitle. + (b) Technical and Conforming Amendment.--Section 5302(a) of title +31, United States Code, is amended-- + (1) by striking ``and'' before ``section 3''; and + (2) by inserting ``and the Coronavirus Economic Stabilization + Act of 2020,'' before ``and for investing''. + (c) Clarification.-- + (1) In general.--On or after January 1, 2021, any remaining + funds made available under section 4003(b) may be used only for-- + (A) modifications, restructurings, or other amendments of + loans, loan guarantees, or other investments in accordance with + section 4029(b)(1); and + (B) exercising any options, warrants, or other investments + made prior to January 1, 2021; and + (C) paying costs and administrative expenses as provided in + section 4003(f). + (2) Deficit reduction.--On January 1, 2026, any funds described + in paragraph (1) that are remaining shall be transferred to the + general fund of the Treasury to be used for deficit reduction. +SEC. 4028. RULE OF CONSTRUCTION. + Nothing in this subtitle shall be construed to allow the Secretary +to provide relief to eligible businesses, States, and municipalities +except in the form of loans, loan guarantees, and other investments as +provided in this subtitle and under terms and conditions that are in +the interest of the Federal Government. +SEC. 4029. TERMINATION OF AUTHORITY. + (a) In General.--Except as provided in subsection (b), on December +31, 2020, the authority provided under this subtitle to make new loans, +loan guarantees, or other investments shall terminate. + (b) Outstanding.-- + (1) In general.--Except as provided in paragraph (2), any loan, + loan guarantee, or other investment outstanding on the date + described in subsection (a)-- + (A) may be modified, restructured, or otherwise amended; + and + (B) may not be forgiven. + (2) Duration.--The duration of any loan or loan guarantee made + under section 4003(b)(1) that is modified, restructured, or + otherwise amended under paragraph (1) shall not be extended beyond + 5 years from the initial origination date of the loan or loan + guarantee. + + Subtitle B--Air Carrier Worker Support + +SEC. 4111. DEFINITIONS. + Unless otherwise specified, the terms in section 40102(a) of title +49, United States Code, shall apply to this subtitle, except that-- + (1) the term ``airline catering employee'' means an employee + who performs airline catering services; + (2) the term ``airline catering services'' means preparation, + assembly, or both, of food, beverages, provisions and related + supplies for delivery, and the delivery of such items, directly to + aircraft or to a location on or near airport property for + subsequent delivery to aircraft; + (3) the term ``contractor'' means-- + (A) a person that performs, under contract with a passenger + air carrier conducting operations under part 121 of title 14, + Code of Federal Regulations-- + (i) catering functions; or + (ii) functions on the property of an airport that are + directly related to the air transportation of persons, + property, or mail, including but not limited to the loading + and unloading of property on aircraft; assistance to + passengers under part 382 of title 14, Code of Federal + Regulations; security; airport ticketing and check-in + functions; ground-handling of aircraft; or aircraft + cleaning and sanitization functions and waste removal; or + (B) a subcontractor that performs such functions; + (4) the term ``employee'' means an individual, other than a + corporate officer, who is employed by an air carrier or a + contractor; and + (5) the term ``Secretary'' means the Secretary of the Treasury. +SEC. 4112. PANDEMIC RELIEF FOR AVIATION WORKERS. + (a) Financial Assistance for Employee Wages, Salaries, and +Benefits.--Notwithstanding any other provision of law, to preserve +aviation jobs and compensate air carrier industry workers, the +Secretary shall provide financial assistance that shall exclusively be +used for the continuation of payment of employee wages, salaries, and +benefits to-- + (1) passenger air carriers, in an aggregate amount up to + $25,000,000,000; + (2) cargo air carriers, in the aggregate amount up to + $4,000,000,000; and + (3) contractors, in an aggregate amount up to $3,000,000,000. + (b) Administrative Expenses.--Notwithstanding any other provision +of law, the Secretary, may use $100,000,000 of the funds made available +under section 4120(a) for costs and administrative expenses associated +with providing financial assistance under this subtitle. +SEC. 4113. PROCEDURES FOR PROVIDING PAYROLL SUPPORT. + (a) Awardable Amounts.--The Secretary shall provide financial +assistance under this subtitle-- + (1) to an air carrier in an amount equal to the salaries and + benefits reported by the air carrier to the Department of + Transportation pursuant to part 241 of title 14, Code of Federal + Regulations, for the period from April 1, 2019, through September + 30, 2019; and + (2) to an air carrier that does not transmit reports under such + part 241, in an amount that such air carrier certifies, using sworn + financial statements or other appropriate data, as the amount of + wages, salaries, benefits, and other compensation that such air + carrier paid the employees of such air carrier during the period + from April 1, 2019, through September 30, 2019; and + (3) to a contractor, in an amount that the contractor + certifies, using sworn financial statements or other appropriate + data, as the amount of wages, salaries, benefits, and other + compensation that such contractor paid the employees of such + contractor during the period from April 1, 2019, through September + 30, 2019. + (b) Deadlines and Procedures.-- + (1) In general.-- + (A) Forms; terms and conditions.--Financial assistance + provided to an air carrier or contractor under this subtitle + shall be in such form, on such terms and conditions (including + requirements for audits and the clawback of any financial + assistance provided upon failure by a passenger air carrier, + cargo air carrier, or contractor to honor the assurances + specified in section 4114), as the Secretary determines + appropriate. + (B) Procedures.--The Secretary shall publish streamlined + and expedited procedures not later than 5 days after the date + of enactment of this Act for air carriers and contractors to + submit requests for financial assistance under this subtitle. + (2) Deadline for immediate payroll assistance.--Not later than + 10 days after the date of enactment of this Act, the Secretary + shall make initial payments to air carriers and contractors that + submit requests for financial assistance approved by to the + Secretary. + (3) Subsequent payments.--The Secretary shall determine an + appropriate method for timely distribution of payments to air + carriers and contractors with approved requests for financial + assistance from any funds remaining available after providing + initial financial assistance payments under paragraph (2). + (c) Pro Rata Authority.--The Secretary shall have the authority to +reduce, on a pro rata basis, the amounts due to air carriers and +contractors under the applicable paragraph of section 4112 in order to +address any shortfall in assistance that would otherwise be provided +under such section. + (d) Audits.--The Inspector General of the Department of the +Treasury shall audit certifications made under subsection (a). +SEC. 4114. REQUIRED ASSURANCES. + (a) In General.--To be eligible for financial assistance under this +subtitle, an air carrier or contractor shall enter into an agreement +with the Secretary, or otherwise certify in such form and manner as the +Secretary shall prescribe, that the air carrier or contractor shall-- + (1) refrain from conducting involuntary furloughs or reducing + pay rates and benefits until September 30, 2020; + (2) through September 30, 2021, ensure that neither the air + carrier or contractor nor any affiliate of the air carrier or + contractor may, in any transaction, purchase an equity security of + the air carrier or contractor or the parent company of the air + carrier or contractor that is listed on a national securities + exchange; + (3) through September 30, 2021, ensure that the air carrier or + contractor shall not pay dividends, or make other capital + distributions, with respect to the common stock (or equivalent + interest) of the air carrier or contractor; and + (4) meet the requirements of sections 4115 and 4116. + (b) Department of Transportation Authority to Condition Assistance +on Continuation of Service.-- + (1) In general.--The Secretary of Transportation is authorized + to require, to the extent reasonable and practicable, an air + carrier provided financial assistance under this subtitle to + maintain scheduled air transportation service, as the Secretary of + Transportation deems necessary, to ensure services to any point + served by that carrier before March 1, 2020. + (2) Required considerations.--When considering whether to + exercise the authority provided by this section, the Secretary of + Transportation shall take into consideration the air transportation + needs of small and remote communities and the need to maintain + well-functioning health care supply chains, including medical + devices and supplies, and pharmaceutical supply chains. + (3) Sunset.--The authority provided under this subsection shall + terminate on March 1, 2022, and any requirements issued by the + Secretary of Transportation under this subsection shall cease to + apply after that date. +SEC. 4115. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT. + (a) In General.--Neither the Secretary, nor any other actor, +department, or agency of the Federal Government, shall condition the +issuance of financial assistance under this subtitle on an air +carrier's or contractor's implementation of measures to enter into +negotiations with the certified bargaining representative of a craft or +class of employees of the air carrier or contractor under the Railway +Labor Act (45 U.S.C. 151 et seq.) or the National Labor Relations Act +(29 U.S.C. 151 et seq.), regarding pay or other terms and conditions of +employment. + (b) Period of Effect.--With respect to an air carrier or contractor +to which financial assistance is provided under this subtitle, this +section shall be in effect with respect to the air carrier or +contractor beginning on the date on which the air carrier or contractor +is first issued such financial assistance and ending on September 30, +2020. +SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION. + (a) In General.--The Secretary may only provide financial +assistance under this subtitle to an air carrier or contractor after +such carrier or contractor enters into an agreement with the Secretary +which provides that, during the 2-year period beginning March 24, 2020, +and ending March 24, 2022, no officer or employee of the air carrier or +contractor whose total compensation exceeded $425,000 in calendar year +2019 (other than an employee whose compensation is determined through +an existing collective bargaining agreement entered into prior to +enactment of this Act)-- + (1) will receive from the air carrier or contractor total + compensation which exceeds, during any 12 consecutive months of + such 2-year period, the total compensation received by the officer + or employee from the air carrier or contractor in calendar year + 2019; + (2) will receive from the air carrier or contractor severance + pay or other benefits upon termination of employment with the air + carrier or contractor which exceeds twice the maximum total + compensation received by the officer or employee from the air + carrier or contractor in calendar year 2019; and + (3) no officer or employee of the eligible business whose total + compensation exceeded $3,000,000 in calendar year 2019 may receive + during any 12 consecutive months of such period total compensation + in excess of the sum of-- + (A) $3,000,000; and + (B) 50 percent of the excess over $3,000,000 of the total + compensation received by the officer or employee from the + eligible business in calendar year 2019. + (b) Total Compensation Defined.--In this section, the term ``total +compensation'' includes salary, bonuses, awards of stock, and other +financial benefits provided by an air carrier or contractor to an +officer or employee of the air carrier or contractor. +SEC. 4117. TAX PAYER PROTECTION. + The Secretary may receive warrants, options, preferred stock, debt +securities, notes, or other financial instruments issued by recipients +of financial assistance under this subtitle which, in the sole +determination of the Secretary, provide appropriate compensation to the +Federal Government for the provision of the financial assistance. +SEC. 4118. REPORTS. + (a) Report.--Not later than November 1, 2020, the Secretary shall +submit to the Committee on Transportation and Infrastructure and the +Committee on Financial Services of the House of Representatives and the +Committee on Commerce, Science, and Transportation and the Committee on +Banking, Housing, and Urban Affairs of the Senate a report on the +financial assistance provided to air carriers and contractors under +this subtitle, including a description of any financial assistance +provided. + (b) Update.--Not later than the last day of the 1-year period +following the date of enactment of this Act, the Secretary shall update +and submit to the Committee on Transportation and the Committee on +Financial Services and Infrastructure of the House of Representatives +and the Committee on Commerce, Science, and Transportation and the +Committee on Banking, Housing, and Urban Affairs of the Senate the +report described in subsection (a). +SEC. 4119. COORDINATION. + In implementing this subtitle the Secretary shall coordinate with +the Secretary of Transportation. +SEC. 4120. DIRECT APPROPRIATION. + Notwithstanding any other provision of law, there is appropriated, +out of amounts in the Treasury not otherwise appropriated, +$32,000,000,000 to carry out this subtitle. + + TITLE V--CORONAVIRUS RELIEF FUNDS + +SEC. 5001. CORONAVIRUS RELIEF FUND. + (a) In General.--The Social Security Act (42 U.S.C. 301 et seq.) is +amended by inserting after title V the following: + + ``TITLE VI--CORONAVIRUS RELIEF FUND + + ``SEC. 601. CORONAVIRUS RELIEF FUND. + ``(a) Appropriation.-- + ``(1) In general.--Out of any money in the Treasury of the + United States not otherwise appropriated, there are appropriated + for making payments to States, Tribal governments, and units of + local government under this section, $150,000,000,000 for fiscal + year 2020. + ``(2) Reservation of funds.--Of the amount appropriated under + paragraph (1), the Secretary shall reserve-- + ``(A) $3,000,000,000 of such amount for making payments to + the District of Columbia, the Commonwealth of Puerto Rico, the + United States Virgin Islands, Guam, the Commonwealth of the + Northern Mariana Islands, and American Samoa; and + ``(B) $8,000,000,000 of such amount for making payments to + Tribal governments. + ``(b) Authority to Make Payments.-- + ``(1) In general.--Subject to paragraph (2), not later than 30 + days after the date of enactment of this section, the Secretary + shall pay each State and Tribal government, and each unit of local + government that meets the condition described in paragraph (2), the + amount determined for the State, Tribal government, or unit of + local government, for fiscal year 2020 under subsection (c). + ``(2) Direct payments to units of local government.--If a unit + of local government of a State submits the certification required + by subsection (e) for purposes of receiving a direct payment from + the Secretary under the authority of this paragraph, the Secretary + shall reduce the amount determined for that State by the relative + unit of local government population proportion amount described in + subsection (c)(5) and pay such amount directly to such unit of + local government. + ``(c) Payment Amounts.-- + ``(1) In general.--Subject to paragraph (2), the amount paid + under this section for fiscal year 2020 to a State that is 1 of the + 50 States shall be the amount equal to the relative population + proportion amount determined for the State under paragraph (3) for + such fiscal year. + ``(2) Minimum payment.-- + ``(A) In general.--No State that is 1 of the 50 States + shall receive a payment under this section for fiscal year 2020 + that is less than $1,250,000,000. + ``(B) Pro rata adjustments.--The Secretary shall adjust on + a pro rata basis the amount of the payments for each of the 50 + States determined under this subsection without regard to this + subparagraph to the extent necessary to comply with the + requirements of subparagraph (A). + ``(3) Relative population proportion amount.--For purposes of + paragraph (1), the relative population proportion amount determined + under this paragraph for a State for fiscal year 2020 is the + product of-- + ``(A) the amount appropriated under paragraph (1) of + subsection (a) for fiscal year 2020 that remains after the + application of paragraph (2) of that subsection; and + ``(B) the relative State population proportion (as defined + in paragraph (4)). + ``(4) Relative state population proportion defined.--For + purposes of paragraph (3)(B), the term `relative State population + proportion' means, with respect to a State, the quotient of-- + ``(A) the population of the State; and + ``(B) the total population of all States (excluding the + District of Columbia and territories specified in subsection + (a)(2)(A)). + ``(5) Relative unit of local government population proportion + amount.--For purposes of subsection (b)(2), the term `relative unit + of local government population proportion amount' means, with + respect to a unit of local government and a State, the amount equal + to the product of-- + ``(A) 45 percent of the amount of the payment determined + for the State under this subsection (without regard to this + paragraph); and + ``(B) the amount equal to the quotient of-- + ``(i) the population of the unit of local government; + and + ``(ii) the total population of the State in which the + unit of local government is located. + ``(6) District of columbia and territories.--The amount paid + under this section for fiscal year 2020 to a State that is the + District of Columbia or a territory specified in subsection + (a)(2)(A) shall be the amount equal to the product of-- + ``(A) the amount set aside under subsection (a)(2)(A) for + such fiscal year; and + ``(B) each such District's and territory's share of the + combined total population of the District of Columbia and all + such territories, as determined by the Secretary. + ``(7) Tribal governments.--From the amount set aside under + subsection (a)(2)(B) for fiscal year 2020, the amount paid under + this section for fiscal year 2020 to a Tribal government shall be + the amount the Secretary shall determine, in consultation with the + Secretary of the Interior and Indian Tribes, that is based on + increased expenditures of each such Tribal government (or a + tribally-owned entity of such Tribal government) relative to + aggregate expenditures in fiscal year 2019 by the Tribal government + (or tribally-owned entity) and determined in such manner as the + Secretary determines appropriate to ensure that all amounts + available under subsection (a)(2)(B) for fiscal year 2020 are + distributed to Tribal governments. + ``(8) Data.--For purposes of this subsection, the population of + States and units of local governments shall be determined based on + the most recent year for which data are available from the Bureau + of the Census. + ``(d) Use of Funds.--A State, Tribal government, and unit of local +government shall use the funds provided under a payment made under this +section to cover only those costs of the State, Tribal government, or +unit of local government that-- + ``(1) are necessary expenditures incurred due to the public + health emergency with respect to the Coronavirus Disease 2019 + (COVID-19); + ``(2) were not accounted for in the budget most recently + approved as of the date of enactment of this section for the State + or government; and + ``(3) were incurred during the period that begins on March 1, + 2020, and ends on December 30, 2020. + ``(e) Certification.--In order to receive a payment under this +section, a unit of local government shall provide the Secretary with a +certification signed by the Chief Executive for the unit of local +government that the local government's proposed uses of the funds are +consistent with subsection (d). + ``(f) Inspector General Oversight; Recoupment.-- + ``(1) Oversight authority.--The Inspector General of the + Department of the Treasury shall conduct monitoring and oversight + of the receipt, disbursement, and use of funds made available under + this section. + ``(2) Recoupment.--If the Inspector General of the Department + of the Treasury determines that a State, Tribal government, or unit + of local government has failed to comply with subsection (d), the + amount equal to the amount of funds used in violation of such + subsection shall be booked as a debt of such entity owed to the + Federal Government. Amounts recovered under this subsection shall + be deposited into the general fund of the Treasury. + ``(3) Appropriation.--Out of any money in the Treasury of the + United States not otherwise appropriated, there are appropriated to + the Office of the Inspector General of the Department of the + Treasury, $35,000,000 to carry out oversight and recoupment + activities under this subsection. Amounts appropriated under the + preceding sentence shall remain available until expended. + ``(4) Authority of inspector general.--Nothing in this + subsection shall be construed to diminish the authority of any + Inspector General, including such authority as provided in the + Inspector General Act of 1978 (5 U.S.C. App.). + ``(g) Definitions.--In this section: + ``(1) Indian tribe.--The term `Indian Tribe' has the meaning + given that term in section 4(e) of the Indian Self-Determination + and Education Assistance Act (25 U.S.C. 5304(e)). + ``(2) Local government.--The term `unit of local government' + means a county, municipality, town, township, village, parish, + borough, or other unit of general government below the State level + with a population that exceeds 500,000. + ``(3) Secretary.--The term `Secretary' means the Secretary of + the Treasury. + ``(4) State.--The term `State' means the 50 States, the + District of Columbia, the Commonwealth of Puerto Rico, the United + States Virgin Islands, Guam, the Commonwealth of the Northern + Mariana Islands, and American Samoa. + ``(5) Tribal government.--The term `Tribal government' means + the recognized governing body of an Indian Tribe.''. + (b) Application of Provisions.--Amounts appropriated for fiscal +year 2020 under section 601(a)(1) of the Social Security Act (as added +by subsection (a)) shall be subject to the requirements contained in +Public Law 116-94 for funds for programs authorized under sections 330 +through 340 of the Public Health Service Act (42 U.S.C. 254 through +256). + + TITLE VI--MISCELLANEOUS PROVISIONS + +SEC. 6001. COVID-19 BORROWING AUTHORITY FOR THE UNITED STATES POSTAL +SERVICE. + (a) Definitions.--In this section-- + (1) the term ``COVID-19 emergency'' means the emergency + involving Federal primary responsibility determined to exist by the + President under section 501(b) of the Robert T. Stafford Disaster + Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with + respect to the Coronavirus Disease 2019 (COVID-19); and + (2) the term ``Postal Service'' means the United States Postal + Service. + (b) Additional Borrowing Authority.--Notwithstanding section 2005 +of title 39, United States Code, or any other provision of law, if the +Postal Service determines that, due to the COVID-19 emergency, the +Postal Service will not be able to fund operating expenses without +borrowing money-- + (1) the Postal Service may borrow money from the Treasury in an + amount not to exceed $10,000,000,000-- + (A) to be used for such operating expenses; and + (B) which may not be used to pay any outstanding debt of + the Postal Service; and + (2) the Secretary of the Treasury may lend up to the amount + described in paragraph (1) at the request of the Postal Service, + upon terms and conditions mutually agreed upon by the Secretary and + the Postal Service. + (c) Prioritization of Delivery for Medical Purposes During COVID-19 +Emergency.--Notwithstanding any other provision of law, during the +COVID-19 emergency, the Postal Service-- + (1) shall prioritize delivery of postal products for medical + purposes; and + (2) may establish temporary delivery points, in such form and + manner as the Postal Service determines necessary, to protect + employees of the Postal Service and individuals receiving + deliveries from the Postal Service. +SEC. 6002. EMERGENCY DESIGNATION. + (a) In General.--The amounts provided under this division are +designated as an emergency requirement pursuant to section 4(g) of the +Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). + (b) Designation in Senate.--In the Senate, this division is +designated as an emergency requirement pursuant to section 4112(a) of +H. Con. Res. 71 (115th Congress), the concurrent resolution on the +budget for fiscal year 2018. + + DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE + AND AGENCY OPERATIONS + + The following sums are hereby are appropriated, out of any money in +the Treasury not otherwise appropriated, for the fiscal year ending +September 30, 2020, and for other purposes, namely: + + TITLE I + + AGRICULTURAL PROGRAMS + + Office of the Secretary + + For an additional amount for the ``Office of the Secretary'', +$9,500,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus by providing support for agricultural +producers impacted by coronavirus, including producers of specialty +crops, producers that supply local food systems, including farmers +markets, restaurants, and schools, and livestock producers, including +dairy producers: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Office of Inspector General + + For an additional amount for ``Office of Inspector General'', +$750,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That the funding made available under this +heading in this Act shall be used for conducting audits and +investigations of projects and activities carried out with funds made +available in this Act to the Department of Agriculture to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Animal and Plant Health Inspection Service + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', +$55,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including for necessary expenses for salary costs +associated with the Agriculture Quarantine and Inspection Program: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Agricultural Marketing Service + + marketing services + + For an additional amount for ``Marketing Services'', $45,000,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally, including +necessary expenses for salary costs associated with commodity grading, +inspection, and audit activities: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Food Safety and Inspection Service + + For an additional amount for ``Food Safety and Inspection +Service'', $33,000,000, to remain available until September 30, 2021, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally, including for support of temporary and intermittent +workers, relocation of inspectors, and, notwithstanding 21 U.S.C. 468, +695 and 1053 and 7 U.S.C. 2219a, costs of overtime inspectors under the +Federal Meat Inspection Act, the Poultry Products Inspection Act, and +the Egg Products Inspection Act: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + FARM PRODUCTION AND CONSERVATION PROGRAMS + + Farm Service Agency + + For an additional amount for ``Salaries and Expenses'', $3,000,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally, including +necessary expenses to hire temporary staff and overtime expenses: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + RURAL DEVELOPMENT PROGRAMS + + Rural Business--Cooperative Service + + rural business program account + + For an additional amount for ``Rural Business Program Account'', +$20,500,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, for the cost of loans for +rural business development programs authorized by section 310B and +described in subsection (g) of section 310B of the Consolidated Farm +and Rural Development Act: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Rural Utilities Service + + distance learning, telemedicine, and broadband program + + For an additional amount for ``Distance Learning, Telemedicine, and +Broadband Program'', $25,000,000, to remain available until expended, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally, for telemedicine and distance learning services in +rural areas, as authorized by 7 U.S.C. 950aaa et seq.: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + DOMESTIC FOOD PROGRAMS + + Food and Nutrition Service + + child nutrition programs + + For an additional amount for ``Child Nutrition Programs'', +$8,800,000,000 to remain available until September 30, 2021, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + supplemental nutrition assistance program + + For an additional amount for ``Supplemental Nutrition Assistance +Program'', $15,810,000,000, to remain available until September 30, +2021, to prevent, prepare for, and respond to coronavirus, domestically +or internationally: Provided, That of the amount provided under this +heading in this Act, $15,510,000,000 shall be placed in a contingency +reserve to be allocated as the Secretary deems necessary to support +participation should cost or participation exceed budget estimates to +prevent, prepare for, and respond to coronavirus: Provided further, +That of the amount provided under this heading in this Act, +$100,000,000 shall be for the food distribution program on Indian +reservations program as authorized by Section 4(b) of the Food and +Nutrition Act of 2008 (7 U.S.C. 2013) and Section 4(a) of the +Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 1431) to +prevent, prepare for, and respond to coronavirus, of which $50,000,000 +shall be for facility improvements and equipment upgrades and of which +$50,000,000 shall be for the costs relating to additional food +purchases: Provided further, That of the amount provided under this +heading in this Act, $200,000,000 to remain available through September +30, 2021, shall be available for the Secretary of Agriculture to +provide grants to the Commonwealth of the Northern Mariana Islands, +Puerto Rico, and American Samoa for nutrition assistance to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + commodity assistance program + + For an additional amount for ``Commodity Assistance Program'', +$450,000,000, to remain available through September 30, 2021, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, for the emergency food assistance program as +authorized by section 27(a) of the Food and Nutrition Act of 2008 (7 +U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance +Act of 1983 (7 U.S.C. 7508(a)(1)): Provided, That of the funds made +available, the Secretary may use up to $150,000,000 for costs +associated with the distribution of commodities: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + FOREIGN ASSISTANCE AND RELATED PROGRAMS + + Foreign Agricultural Service + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', $4,000,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally, including +necessary expenses to relocate employees and their dependents back from +overseas posts: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION + + Department of Health and Human Services + + food and drug administration + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', +$80,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus, domestically or internationally, +including funds for the development of necessary medical +countermeasures and vaccines, advanced manufacturing for medical +products, the monitoring of medical product supply chains, and related +administrative activities: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + (including transfer of funds) + + Sec. 11001. Of the funds made available to the Rural Development +mission area in this title, and in addition to funds otherwise made +available for such purpose, not more than 3 percent may be used for +administrative costs to carry out loan, loan guarantee and grant +activities funded in this title to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +funds shall be transferred to, and merged with, the appropriation for +``Rural Development, Salaries and Expenses'' and, once transferred, +shall be used only to prevent, prepare for, and respond to coronavirus, +domestically or internationally: Provided further, that this transfer +authority is in addition to any other transfer authority provided by +law. + + commodity credit corporation + + reimbursement of present net realized losses + + Sec. 11002. Of the amounts provided in the Further Consolidated +Appropriations Act, 2020 (Public Law 116-94) under the heading +``Commodity Credit Corporation Fund--Reimbursement for Net Realized +Losses'', $14,000,000,000, may be used, prior to the completion of the +report described in 15 U.S.C. 713a-11, to reimburse the Commodity +Credit Corporation for net realized losses sustained, but not +previously reimbursed, as reflected in the June 2020 report of its +financial condition: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 11003. The Secretary may extend the term of a marketing +assistance loan authorized by section 1201 of the Agricultural Act of +2014 (7 U.S.C. 9033) for any loan commodity to 12 months: Provided, +That the authority made available pursuant to this section shall expire +on September 30, 2020: Provided further, That the amount provided by +this section is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + Sec. 11004. For an additional amount for grants under the pilot +program established under section 779 of Public Law 115-141, to +prevent, prepare for, and respond to coronavirus, $100,000,000, to +remain available until September 30, 2021: Provided, That at least 90 +percent of the households to be served by a project receiving a grant +shall be in a rural area without sufficient access to broadband: +Provided further, That for purposes of such pilot program, a rural area +without sufficient access to broadband shall be defined as 10 Mbps +downstream and 1 Mbps upstream, and such definition shall be +reevaluated and redefined, as necessary, on an annual basis by the +Secretary of Agriculture: Provided further, That an entity to which a +grant is made under the pilot program shall not use a grant to +overbuild or duplicate broadband expansion efforts made by any entity +that has received a broadband loan from the Rural Utilities Service: +Provided further, That priority consideration for grants shall be given +to previous applicants now eligible as a result of adjusted eligibility +requirements: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + TITLE II + + DEPARTMENT OF COMMERCE + + Economic Development Administration + + economic development assistance programs + + (including transfers of funds) + + Pursuant to section 703 of the Public Works and Economic +Development Act (42 U.S.C. 3233), for an additional amount for +``Economic Development Assistance Programs'', $1,500,000,000, to remain +available until September 30, 2022, to prevent, prepare for, and +respond to coronavirus, domestically or internationally, including for +necessary expenses for responding to economic injury as a result of +coronavirus: Provided, That such amount shall be for economic +adjustment assistance as authorized by section 209 of the Public Works +and Economic Development Act of 1965 (42 U.S.C. 3149): Provided +further, That within the amount appropriated under this heading in this +Act, up to 2 percent of funds may be transferred to the ``Salaries and +Expenses'' account for administration and oversight activities related +to preventing, preparing for, and responding to coronavirus: Provided +further, That the Secretary of Commerce is authorized to appoint and +fix the compensation of such temporary personnel as may be necessary to +implement the requirements under this heading in this Act to prevent, +prepare for, and respond to coronavirus, without regard to the +provisions of title 5, United States Code, governing appointments in +competitive service: Provided further, That the Secretary of Commerce +is authorized to appoint such temporary personnel, after serving +continuously for 2 years, to positions in the Economic Development +Administration in the same manner that competitive service employees +with competitive status are considered for transfer, reassignment, or +promotion to such positions and an individual appointed under this +provision shall become a career-conditional employee, unless the +employee has already completed the service requirements for career +tenure: Provided further, That within the amount appropriated under +this heading in this Act, $3,000,000 shall be transferred to the +``Office of Inspector General'' account for carrying out investigations +and audits related to the funding provided to prevent, prepare for, and +respond to coronavirus under this heading in this Act: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + National Institute of Standards and Technology + + scientific and technical research and services + + For an additional amount for ``Scientific and Technical Research +and Services'', $6,000,000, to remain available until September, 30, +2021, to prevent, prepare for, and respond to coronavirus, domestically +or internationally, by supporting continuity of operations, including +measurement science to support viral testing and biomanufacturing: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + industrial technology services + + For an additional amount for ``Industrial Technology Services'', +$60,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That of the amount provided under this +heading in this Act, $50,000,000 shall be for the Hollings +Manufacturing Extension Partnership to assist manufacturers to prevent, +prepare for, and respond to coronavirus and $10,000,000 shall be for +the National Network for Manufacturing Innovation (also known as +``Manufacturing USA'') to prevent, prepare for, and respond to +coronavirus, including to support development and manufacturing of +medical countermeasures and biomedical equipment and supplies: +Provided further, That none of the funds provided under this heading in +this Act shall be subject to cost share requirements under 15 U.S.C. +278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + National Oceanic and Atmospheric Administration + + operations, research, and facilities + + For an additional amount for ``Operations, Research, and +Facilities'', $20,000,000, to remain available until September, 30, +2021, to prevent, prepare for, and respond to coronavirus, domestically +or internationally, by supporting continuity of operations, including +National Weather Service life and property related operations: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF JUSTICE + + General Administration + + justice information sharing technology + + For an additional amount for ``Justice Information Sharing +Technology'', $2,000,000, to remain available until expended, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, including the impact of coronavirus on the work of the +Department of Justice: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Office of Inspector General + + For an additional amount for ``Office of Inspector General'', +$2,000,000, to remain available until expended to prevent, prepare for, +and respond to coronavirus, domestically or internationally, including +the impact of coronavirus on the work of the Department of Justice and +to carry out investigations and audits related to the funding made +available for the Department of Justice in this Act: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Legal Activities + + salaries and expenses, united states attorneys + + For an additional amount for ``Salaries and Expenses, United States +Attorneys'', $3,000,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally, including the impact of +coronavirus on the work of the Department of Justice: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + United States Marshals Service + + salaries and expenses + + For an additional amount for ``United States Marshals Service, +Salaries and Expenses'', $15,000,000, to prevent, prepare for, and +respond to coronavirus, domestically or internationally, including the +impact of coronavirus on the work of the Department of Justice: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Federal Bureau of Investigation + + salaries and expenses + + For an additional amount for ``Federal Bureau of Investigation, +Salaries and Expenses'', $20,000,000, to prevent, prepare for, and +respond to coronavirus, domestically or internationally, including the +impact of coronavirus on the work of the Department of Justice: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Drug Enforcement Administration + + salaries and expenses + + For an additional amount for ``Drug Enforcement Administration, +Salaries and Expenses'', $15,000,000, to prevent, prepare for, and +respond to coronavirus, domestically or internationally, including the +impact of coronavirus on the work of the Department of Justice: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Federal Prison System + + salaries and expenses + + For an additional amount for ``Federal Prison System, Salaries and +Expenses'', $100,000,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally, including the impact of +coronavirus on the work of the Department of Justice: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + State and Local Law Enforcement Activities + + Office of Justice Programs + + state and local law enforcement assistance + + For an additional amount for ``State and Local Law Enforcement +Assistance'', $850,000,000, to remain available until expended, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, to be awarded pursuant to the formula allocation +(adjusted in proportion to the relative amounts statutorily designated +therefor) that was used in fiscal year 2019 for the Edward Byrne +Memorial Justice Assistance Grant program as authorized by subpart 1 of +part E of title I of the Omnibus Crime Control and Safe Streets Acts of +1968 (``1968 Act''): Provided, That the allocation provisions under +sections 505(a) through (e) and the special rules for Puerto Rico under +section 505(g), and section 1001(c), of the 1968 Act, shall not apply +to the amount provided under this heading in this Act: Provided +further, That awards hereunder, shall not be subject to restrictions or +special conditions that are the same as (or substantially similar to) +those, imposed on awards under such subpart in fiscal year 2018, that +forbid interference with Federal law enforcement: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + SCIENCE + + National Aeronautics and Space Administration + + safety, security and mission services + + For an additional amount for ``Safety, Security and Mission +Services'', $60,000,000, to remain available until September 30, 2021, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + National Science Foundation + + research and related activities + + For an additional amount for ``Research and Related Activities'', +$75,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including to fund research grants and other necessary +expenses: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + agency operations and award management + + For an additional amount for ``Agency Operations and Award +Management'', $1,000,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally, including to administer +research grants and other necessary expenses: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + RELATED AGENCIES + + Legal Services Corporation + + payment to the legal services corporation + + For an additional amount for ``Payment to the Legal Services +Corporation'', $50,000,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That none of +the funds appropriated under this heading in this Act to the Legal +Services Corporation shall be expended for any purpose prohibited or +limited by, or contrary to any of the provisions of, sections 501, 502, +503, 504, 505, and 506 of Public Law 105-119, and all funds +appropriated in this Act to the Legal Services Corporation shall be +subject to the same terms and conditions set forth in such sections, +except that all references in sections 502 and 503 to 1997 and 1998 +shall be deemed to refer instead to 2019 and 2020, respectively, and +except that sections 501 and 503 of Public Law 104-134 (referenced by +Public Law 105-119) shall not apply to the amount made available under +this heading: Provided further, That for the purposes of this Act, the +Legal Services Corporation shall be considered an agency of the United +States Government: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 12001. Amounts provided by the Consolidated Appropriations +Act, 2020, (Public Law 116-93) for the Hollings Manufacturing Extension +Partnership under the heading ``National Institute of Standards and +Technology--Industrial Technology Services'' shall not be subject to +cost share requirements under 15 U.S.C. 278k(e)(2): Provided, That the +authority made available pursuant to this section shall be elective for +any Manufacturing Extension Partnership Center that also receives +funding from a State that is conditioned upon the application of a +Federal cost sharing requirement. + Sec. 12002. (a) Funds appropriated in this title for the National +Science Foundation may be made available to restore amounts, either +directly or through reimbursement, for obligations incurred by the +National Science Foundation for research grants and other necessary +expenses to prevent, prepare for, and respond to coronavirus, +domestically or internationally, prior to the date of enactment of this +Act. + (b) Grants or cooperative agreements made by the National Science +Foundation under this title, to carry out research grants and other +necessary expenses to prevent, prepare for, and respond to coronavirus, +domestically or internationally, shall include amounts to reimburse +costs for these purposes incurred between January 20, 2020, and the +date of issuance of such grants or agreements. + + bureau of prisons + + Sec. 12003. (a) Definitions.--In this section-- + (1) the term ``Bureau'' means the Bureau of Prisons; + (2) the term ``covered emergency period'' means the period + beginning on the date on which the President declared a national + emergency under the National Emergencies Act (50 U.S.C. 1601 et + seq.) with respect to the Coronavirus Disease 2019 (COVID-19) and + ending on the date that is 30 days after the date on which the + national emergency declaration terminates; and + (3) the term ``Secretary'' means the Secretary of Health and + Human Services. + (b) Supply of Personal Protective Equipment and Test Kits to Bureau +of Prisons; Home Confinement Authority.-- + (1) Personal protective equipment and test kits.-- + (A) Findings.--Congress finds the following: + (i) There is an urgent need for personal protective + equipment and test kits to the Bureau based on the density + of the inmate population, the high traffic, the high volume + of inmates, the high rate of turnover of inmates and + personnel, and the number of high-security areas, within + the facilities of the Bureau. + (ii) The inability of the Bureau to secure the purchase + of infectious disease personal protective equipment and + related supplies now and in the future is a vulnerability. + (iii) The Bureau is currently competing in and engaging + the same landscape of vendors as all other Federal agencies + and private entities. + (iv) The ability of the Bureau to purchase needed + equipment and supplies is currently subject to an + individual manufacturer's specific recognition of the + Bureau as a priority and subsequent allocation of the + inventory of the manufacturer to the Bureau. + (B) Consideration.--The Secretary shall appropriately + consider, relative to other priorities of the Department of + Health and Human Services for high-risk and high-need + populations, the distribution of infectious disease personal + protective equipment and COVID-19 test kits to the Bureau for + use by inmates and personnel of the Bureau. + (2) Home confinement authority.--During the covered emergency + period, if the Attorney General finds that emergency conditions + will materially affect the functioning of the Bureau, the Director + of the Bureau may lengthen the maximum amount of time for which the + Director is authorized to place a prisoner in home confinement + under the first sentence of section 3624(c)(2) of title 18, United + States Code, as the Director determines appropriate. + (c) Video Visitation.-- + (1) In general.--During the covered emergency period, if the + Attorney General finds that emergency conditions will materially + affect the functioning of the Bureau, the Director of the Bureau + shall promulgate rules regarding the ability of inmates to conduct + visitation through video teleconferencing and telephonically, free + of charge to inmates, during the covered emergency period. + (2) Exemption from notice-and-comment rulemaking + requirements.--Section 553 of title 5, United States Code, shall + not apply to the promulgation of rules under paragraph (1) of this + subsection. + (d) Emergency Requirement.--The amount provided by this section is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + temporary authority of director of the uspto during the covid-19 + emergency. + + Sec. 12004. (a) In General.--During the emergency period described +in subsection (e), the Director may toll, waive, adjust, or modify, any +timing deadline established by title 35, United States Code, the +Trademark Act, section 18 of the Leahy-Smith America Invents Act (35 +U.S.C. 321 note), or regulations promulgated thereunder, in effect +during such period, if the Director determines that the emergency +related to such period-- + (1) materially affects the functioning of the Patent and + Trademark Office; + (2) prejudices the rights of applicants, registrants, patent + owners, or others appearing before the Office; or + (3) prevents applicants, registrants, patent owners, or others + appearing before the Office from filing a document or fee with the + Office. + (b) Public Notice.--If the Director determines that tolling, +waiving, adjusting, or modifying a timing deadline under subsection (a) +is appropriate, the Director shall publish publicly a notice to such +effect. + (c) Statement Required.--Not later than 20 days after the Director +tolls, waives, adjusts, or modifies a timing deadline under subsection +(a) and such toll, waiver, adjustment, or modification is in effect for +a consecutive or cumulative period exceeding 120 days, the Director +shall submit to Congress a statement describing the action taken, +relevant background, and rationale for the period of tolling, waiver, +adjustment, or modification. + (d) Other Laws.--Notwithstanding section 301 of the National +Emergencies Act (50 U.S.C. 1631), the authority of the Director under +subsection (a) is not contingent on a specification made by the +President under such section or any other requirement under that Act +(other than the emergency declaration under section 201(a) of such Act +(50 U.S.C. 1621(a))). The authority described in this section +supersedes the authority of title II of the National Emergencies Act +(50 U.S.C. 1621 et seq.). + (e) Emergency Period.--The emergency period described in this +subsection includes the duration of the portion of the emergency +declared by the President pursuant to the National Emergencies Act on +March 13, 2020, as a result of the COVID-19 outbreak (and any renewal +thereof) beginning on or after the date of the enactment of this +section and the 60 day period following such duration. + (f) Rule of Construction.--Nothing in this section may be construed +as limiting other statutory authorities the Director may have to grant +relief regarding filings or deadlines. + (g) Sunset.--Notwithstanding subsection (a), the authorities +provided under this section shall expire upon the expiration of the 2- +year period after the date of the enactment of this section. + (h) Definitions.--In this section: + (1) Director.--The term ``Director'' means the Under Secretary + of Commerce for Intellectual Property and Director of the United + States Patent and Trademark Office. + (2) Trademark act.--The term ``Trademark Act'' means the Act + entitled ``An Act to provide for the registration and protection of + trademarks used in commerce, to carry out the provisions of certain + international conventions, and for other purposes'', approved July + 5, 1946 (15 U.S.C. 1051 et seq.). + (i) Emergency Requirement.--The amount provided by this section is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + + assistance to fishery participants + + Sec. 12005. (a) In General.--The Secretary of Commerce is +authorized to provide assistance to Tribal, subsistence, commercial, +and charter fishery participants affected by the novel coronavirus +(COVID-19), which may include direct relief payments. + (b) Fishery Participants.--For the purposes of this section, +``fishery participants'' include Tribes, persons, fishing communities, +aquaculture businesses not otherwise eligible for assistance under part +1416 of title 7 of the Code of Federal Regulations for losses related +to COVID-19, processors, or other fishery-related businesses, who have +incurred, as a direct or indirect result of the coronavirus pandemic-- + (1) economic revenue losses greater than 35 percent as compared + to the prior 5-year average revenue; or + (2) any negative impacts to subsistence, cultural, or + ceremonial fisheries. + (c) Rolling Basis.--Funds may be awarded under this section on a +rolling basis, and within a fishing season, to ensure rapid delivery of +funds during the COVID-19 pandemic. + (d) Appropriations.--In addition to funds that are otherwise made +available to assist fishery participants under this Act, there are +authorized to be appropriated, and there are appropriated, +$300,000,000, to remain available until September 30, 2021, to carry +out this section, of which up to 2 percent may be used for +administration and oversight activities. + (e) Emergency Requirement.--The amount provided by this section is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + TITLE III + + DEPARTMENT OF DEFENSE + + MILITARY PERSONNEL + + National Guard Personnel, Army + + For an additional amount for ``National Guard Personnel, Army'', +$746,591,000, to prevent, prepare for, and respond to coronavirus, +domestically or internationally: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + National Guard Personnel, Air Force + + For an additional amount for ``National Guard Personnel, Air +Force'', $482,125,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + OPERATION AND MAINTENANCE + + Operation and Maintenance, Army + + For an additional amount for ``Operation and Maintenance, Army'', +$160,300,000, to prevent, prepare for, and respond to coronavirus, +domestically or internationally: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Navy + + For an additional amount for ``Operation and Maintenance, Navy'', +$360,308,000, to prevent, prepare for, and respond to coronavirus, +domestically or internationally: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Marine Corps + + For an additional amount for ``Operation and Maintenance, Marine +Corps'', $90,000,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Air Force + + For an additional amount for ``Operation and Maintenance, Air +Force'', $155,000,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Army Reserve + + For an additional amount for ``Operation and Maintenance, Army +Reserve'', $48,000,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Army National Guard + + For an additional amount for ``Operation and Maintenance, Army +National Guard'', $186,696,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Air National Guard + + For an additional amount for ``Operation and Maintenance, Air +National Guard'', $75,754,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Defense-Wide + + For an additional amount for ``Operation and Maintenance, Defense- +Wide'', $827,800,000, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + PROCUREMENT + + Defense Production Act Purchases + + For an additional amount for ``Defense Production Act Purchases'', +$1,000,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus, domestically or internationally: +Provided, That for the two-year period beginning with the date of +enactment of this Act, the requirements described in Section +301(a)(3)(A) and 302(c)(1) of Public Law 81-774, shall be waived: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + REVOLVING AND MANAGEMENT FUNDS + + Defense Working Capital Funds + + For an additional amount for ``Defense Working Capital Funds'', +$1,450,000,000, to prevent, position, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That of the +amount provided under this heading in this Act, $475,000,000 shall be +for the Navy Working Capital Fund, $475,000,000 shall be for the Air +Force Working Capital Fund, and $500,000,000 shall be for the Defense- +Wide Working Capital Fund: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + OTHER DEPARTMENT OF DEFENSE PROGRAMS + + Defense Health Program + + For an additional amount for ``Defense Health Program'', +$3,805,600,000, of which $3,390,600,000 shall be for operation and +maintenance, and $415,000,000 shall be for research, development, test +and evaluation, to remain available until September 30, 2021, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That, notwithstanding that one percent of +funding for operation and maintenance under this heading in Public Law +116-93 shall remain available for obligation until September 30, 2021, +funding for operation and maintenance made available under this heading +in this Act shall only be available through September 30, 2020: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Office of the Inspector General + + For an additional amount for ``Office of the Inspector General'', +$20,000,000, to prevent, prepare for, and respond to coronavirus, +domestically or internationally: Provided, That the funding made +available under this heading in this Act shall be used for conducting +audits and investigations of projects and activities carried out with +funds made available in this Act to the Department of Defense to +prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 13001. Funds appropriated by this title may be transferred +to, and merged with, other applicable appropriations of the Department +of Defense, except for ``Drug Interdiction and Counter-Drug Activities, +Defense'', for expenses incurred in preventing, preparing for, or +responding to coronavirus, including expenses of the Department of +Defense incurred in support of other Federal Departments and agencies, +and State, local, and Indian tribal governments, to be merged with and +to be available for the same purposes, and for the same time period, as +the appropriation or fund to which transferred: Provided, That upon a +determination that all or part of the funds transferred pursuant to +this section that are not necessary for the purposes provided herein, +such funds shall be transferred back to the original appropriation: +Provided further, That the transfer authority provided by this section +is in addition to any other transfer authority provided by law. + Sec. 13002. For an additional amount for ``Defense Health +Program'', $1,095,500,000, which shall be for operation and +maintenance, and of which $1,095,500,000 may be available for contracts +entered into under the TRICARE program: Provided, That, +notwithstanding that one percent of funding for operation and +maintenance under this heading in Public Law 116-93 shall remain +available for obligation until September 30, 2021, funding for +operation and maintenance made available under this heading in this +section shall only be available through September 30, 2020: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + Sec. 13003. (a) Notwithstanding section 2208(l)(3) of title 10, +United States Code, during fiscal year 2020, the total amount of the +advance billings rendered or imposed for all working-capital funds of +the Department of Defense may exceed the amount otherwise specified in +such section. + (b) In this section, the term ``advance billing'' has the meaning +given that term in section 2208(l)(4) of title 10, United States Code. + Sec. 13004. (a) Section 2326(b)(3) of title 10, United States Code, +shall not apply to any undefinitized contract action of the Department +of Defense related to the national emergency for the Coronavirus +Disease 2019 (COVID-19). + (b) In this section, the term ``undefinitized contract action'' has +the meaning given that term in section 2326(j)(6) of title 10, United +States Code. + Sec. 13005. (a) The head of an agency may waive the provisions of +section 2326(b) of title 10, United States Code, with respect to a +contract of such agency if the head of the agency determines that the +waiver is necessary due to the national emergency for the Coronavirus +Disease 2019 (COVID-19). + (b) In this section, the term ``head of an agency'' has the meaning +given that term in section 2302(2) of title 10, United States Code. + Sec. 13006. (a) Notwithstanding paragraph (3) of section 2371b(a) +of title 10, United States Code, the authority of a senior procurement +executive or director of the Defense Advanced Research Projects Agency +or Missile Defense Agency under paragraph (2)(A) of such section, and +the authority of the Under Secretaries of Defense under paragraph +(2)(B) of such section, for any transaction related to the national +emergency for the Coronavirus Disease 2019 (COVID-19) may be delegated +to such officials in the Department of Defense as the Secretary of +Defense shall specify for purposes of this section. + (b)(1) Notwithstanding clause (ii) of section 2371b(a)(2)(B) of +title 10, United States Code, no advance notice to Congress is required +under that clause for transitions described in that section that are +related to the national emergency for the Coronavirus Disease 2019 +(COVID-19). + (2) In the event a transaction covered by paragraph (1) is carried +out, the Under Secretary of Defense for Research and Engineering or the +Under Secretary of Defense for Acquisition and Sustainment, as +applicable, shall submit to the congressional defense committees a +notice on the carrying out of such transaction as soon as is +practicable after the commencement of the carrying out of such +transaction. + (3) In this subsection, the term ``congressional defense +committees'' has the meaning given such term in section 101(a)(16) of +title 10, United States Code. + Sec. 13007. (a) The President may extend the appointment of the +Chief of Army Reserve as prescribed in section 7038(c) of title 10, +United States Code, for the incumbent in that position as of the date +of the enactment of this Act until the date of the appointment of the +successor to such incumbent, notwithstanding any limitation otherwise +imposed on such term by such section 7038(c). + (b) The President may extend the appointment of the Chief of Navy +Reserve as prescribed in section 8083(c) of title 10, United States +Code, for the incumbent in that position as of the date of the +enactment of this Act until the date of the appointment of the +successor to such incumbent, notwithstanding any limitation otherwise +imposed on such term by such section 8083(c). + (c) The President may extend the appointment of the Chief of Staff +of the Air Force prescribed in section 9033(a)(1) of title 10, United +States Code, for the incumbent in that position as of the date of the +enactment of this Act until the date of the appointment of the +successor to such incumbent, notwithstanding any limitation otherwise +imposed on such term by such section 9033(a)(1). + (d) The President may extend the appointment of the Chief of Space +Operations, as prescribed in section 9082(a)(2) of title 10, United +States Code, for the incumbent in that position as of the date of the +enactment of this Act until the date of the appointment of the +successor to such incumbent, notwithstanding any limitation otherwise +imposed on such term by such section 9082(a)(2). + (e) The President may extend the appointment of the Chief of the +National Guard Bureau as prescribed in section 10502(b) of title 10, +United States Code, for the incumbent in that position as of the date +of the enactment of this Act until the date of the appointment of the +successor to such incumbent, notwithstanding any limitation otherwise +imposed on such term by such section 10502(b). + (f) The President may extend the appointment of Director, Army +National Guard and Director, Air National Guard as prescribed in +section 10506(a)(3)(D) of title 10, United States Code, for the +incumbent in such position as of the date of the enactment of this Act +until the date of the appointment of the successor to such incumbent, +notwithstanding any limitation otherwise imposed on such term by such +section 10506(a)(3)(D). + (g) Notwithstanding paragraph (4) of section 10505(a) of title 10, +United States Code, the Secretary of Defense may waive the limitations +in paragraphs (2) and (3) of that section for a period of not more than +270 days. + (h)(1) The President may delegate the exercise of the authorities +in subsections (a) through (f) to the Secretary of Defense. + (2) The Secretary of Defense may not redelegate the exercise of any +authority delegated to the Secretary pursuant to paragraph (1), and may +not delegate the exercise of the authority in subsection (g). + + TITLE IV + + CORPS OF ENGINEERS--CIVIL + + DEPARTMENT OF THE ARMY + + operation and maintenance + + For an additional amount for ``Operation and Maintenance'', +$50,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + expenses + + For an additional amount for ``Expenses'', $20,000,000, to remain +available until September 30, 2021, to prevent, prepare for, and +respond to coronavirus, domestically or internationally: Provided, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF THE INTERIOR + + Bureau of Reclamation + + water and related resources + + (including transfer of funds) + + For an additional amount for ``Water and Related Resources'', +$12,500,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That $500,000 of the funds provided under +this heading in this Act shall be transferred to the ``Central Utah +Project Completion Account'' to prevent, prepare for, and respond to +coronavirus: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + policy and administration + + For an additional amount for ``Policy and Administration'', +$8,100,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + DEPARTMENT OF ENERGY + + ENERGY PROGRAMS + + Science + + For an additional amount for ``Science'', $99,500,000, to remain +available until September 30, 2021, to prevent, prepare for, and +respond to coronavirus, domestically or internationally, for necessary +expenses related to providing support and access to scientific user +facilities in the Office of Science and National Nuclear Security +Administration, including equipment, enabling technologies, and +personnel associated with the operations of those scientific user +facilities: Provided, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Departmental Administration + + (including transfer of funds) + + For an additional amount for ``Departmental Administration'', +$28,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including for necessary expenses related to supporting +remote access for personnel: Provided, That funds appropriated under +this heading in this Act may be transferred to, and merged with, other +appropriation accounts of the Department of Energy to prevent, prepare +for, and respond to coronavirus, including for necessary expenses +related to supporting remote access for personnel: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + INDEPENDENT AGENCIES + + Nuclear Regulatory Commission + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', $3,300,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally: Provided, +That, notwithstanding 42 U.S.C. 2214, such amount shall not be derived +from fee revenue: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 14001. Funds appropriated in this title may be made available +to restore amounts, either directly or through reimbursement, for +obligations incurred to prevent, prepare for, and respond to +coronavirus prior to the date of enactment of this Act. + Sec. 14002. (a) Section 404 of the Bipartisan Budget Act of 2015 +(42 U.S.C. 6239 note) is amended-- + (1) in subsection (e), by striking ``2020'' and inserting + ``2022''; and + (2) in subsection (g), by striking ``2020'' and inserting + ``2022''. + (b) Title III of division C of the Further Consolidated +Appropriations Act, 2020 (Public Law 116-94) is amended in the matter +under the heading ``Department of Energy--Energy Programs--Strategic +Petroleum Reserve'' by striking the three provisos before the final +period and inserting the following: + `` Provided, That, as authorized by section 404 of the Bipartisan +Budget Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the +Secretary of Energy shall draw down and sell not to exceed a total of +$450,000,000 of crude oil from the Strategic Petroleum Reserve in +fiscal year 2020, fiscal year 2021, or fiscal year 2022: Provided +further, That the proceeds from such drawdown and sale shall be +deposited into the `Energy Security and Infrastructure Modernization +Fund' during the fiscal year in which the sale occurs and shall be made +available in such fiscal year, to remain available until expended, for +necessary expenses to carry out the Life Extension II project for the +Strategic Petroleum Reserve''. + (c) The amount provided by this section is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 14003. Any discretionary appropriation for the Corps of +Engineers derived from the Harbor Maintenance Trust Fund (not to exceed +the total amount deposited in the Harbor Maintenance Trust Fund in the +prior fiscal year) shall be subtracted from the estimate of +discretionary budget authority and outlays for any estimate of an +appropriations Act under the Congressional Budget and Impoundment +Control Act of 1974 or the Balanced Budget and Emergency Deficit +Control Act of 1985: Provided, That the modifications described in +this section shall not take effect until the earlier of January 1, 2021 +or the date of enactment of legislation authorizing the development of +water resources and shall remain in effect thereafter. + Sec. 14004. Section 14321(a)(2)(B)(ii) of title 40, United States +Code, is amended by inserting ``, except that a discretionary grant to +respond to economic distress directly related to the impacts of the +Coronavirus Disease 2019 (COVID-19) shall not be included in such +aggregate amount'' before the period at the end. + + TITLE V + + DEPARTMENT OF THE TREASURY + + Internal Revenue Service + + administrative provision--internal revenue service + + (including transfer of funds) + + Sec. 15001. In addition to the amounts otherwise available to the +Internal Revenue Service in fiscal year 2020, $250,000,000, to remain +available until September 30, 2021, shall be available to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including costs associated with the extended filing +season and implementation of the Families First Coronavirus Response +Act: Provided, That such funds may be transferred by the Commissioner +to the ``Taxpayer Services,'' ``Enforcement,'' or ``Operations +Support'' accounts of the Internal Revenue Service for an additional +amount to be used solely to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided further, That +the Committees on Appropriations of the House of Representatives and +the Senate shall be notified in advance of any such transfer: Provided +further, That such transfer authority is in addition to any other +transfer authority provided by law: Provided further, That not later +than 30 days after the date of enactment of this Act, the Commissioner +shall submit to the Committees on Appropriations of the House of +Representatives and the Senate a spending plan for such funds: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + THE JUDICIARY + + Supreme Court of the United States + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', $500,000, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Courts of Appeals, District Courts, and Other Judicial Services + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', $6,000,000, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + defender services + + For an additional amount for ``Defender Services'', $1,000,000, to +remain available until expended, to prevent, prepare for, and respond +to coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + administrative provision--the judiciary + + + video teleconferencing for criminal proceedings + + Sec. 15002. (a) Definition.--In this section, the term ``covered +emergency period'' means the period beginning on the date on which the +President declared a national emergency under the National Emergencies +Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease +2019 (COVID-19) and ending on the date that is 30 days after the date +on which the national emergency declaration terminates. + (b) Video Teleconferencing for Criminal Proceedings.-- + (1) In general.--Subject to paragraphs (3), (4), and (5), if + the Judicial Conference of the United States finds that emergency + conditions due to the national emergency declared by the President + under the National Emergencies Act (50 U.S.C. 1601 et seq.) with + respect to the Coronavirus Disease 2019 (COVID-19) will materially + affect the functioning of either the Federal courts generally or a + particular district court of the United States, the chief judge of + a district court covered by the finding (or, if the chief judge is + unavailable, the most senior available active judge of the court or + the chief judge or circuit justice of the circuit that includes the + district court), upon application of the Attorney General or the + designee of the Attorney General, or on motion of the judge or + justice, may authorize the use of video teleconferencing, or + telephone conferencing if video teleconferencing is not reasonably + available, for the following events: + (A) Detention hearings under section 3142 of title 18, + United States Code. + (B) Initial appearances under Rule 5 of the Federal Rules + of Criminal Procedure. + (C) Preliminary hearings under Rule 5.1 of the Federal + Rules of Criminal Procedure. + (D) Waivers of indictment under Rule 7(b) of the Federal + Rules of Criminal Procedure. + (E) Arraignments under Rule 10 of the Federal Rules of + Criminal Procedure. + (F) Probation and supervised release revocation proceedings + under Rule 32.1 of the Federal Rules of Criminal Procedure. + (G) Pretrial release revocation proceedings under section + 3148 of title 18, United States Code. + (H) Appearances under Rule 40 of the Federal Rules of + Criminal Procedure. + (I) Misdemeanor pleas and sentencings as described in Rule + 43(b)(2) of the Federal Rules of Criminal Procedure. + (J) Proceedings under chapter 403 of title 18, United + States Code (commonly known as the ``Federal Juvenile + Delinquency Act''), except for contested transfer hearings and + juvenile delinquency adjudication or trial proceedings. + (2) Felony pleas and sentencing.-- + (A) In general.--Subject to paragraphs (3), (4), and (5), + if the Judicial Conference of the United States finds that + emergency conditions due to the national emergency declared by + the President under the National Emergencies Act (50 U.S.C. + 1601 et seq.) with respect to the Coronavirus Disease 2019 + (COVID-19) will materially affect the functioning of either the + Federal courts generally or a particular district court of the + United States, the chief judge of a district court covered by + the finding (or, if the chief judge is unavailable, the most + senior available active judge of the court or the chief judge + or circuit justice of the circuit that includes the district + court) specifically finds, upon application of the Attorney + General or the designee of the Attorney General, or on motion + of the judge or justice, that felony pleas under Rule 11 of the + Federal Rules of Criminal Procedure and felony sentencings + under Rule 32 of the Federal Rules of Criminal Procedure cannot + be conducted in person without seriously jeopardizing public + health and safety, and the district judge in a particular case + finds for specific reasons that the plea or sentencing in that + case cannot be further delayed without serious harm to the + interests of justice, the plea or sentencing in that case may + be conducted by video teleconference, or by telephone + conference if video teleconferencing is not reasonably + available. + (B) Applicability to juveniles.--The video teleconferencing + and telephone conferencing authority described in subparagraph + (A) shall apply with respect to equivalent plea and sentencing, + or disposition, proceedings under chapter 403 of title 18, + United States Code (commonly known as the ``Federal Juvenile + Delinquency Act''). + (3) Review.-- + (A) In general.--On the date that is 90 days after the date + on which an authorization for the use of video teleconferencing + or telephone conferencing under paragraph (1) or (2) is issued, + if the emergency authority has not been terminated under + paragraph (5), the chief judge of the district court (or, if + the chief judge is unavailable, the most senior available + active judge of the court or the chief judge or circuit justice + of the circuit that includes the district court) to which the + authorization applies shall review the authorization and + determine whether to extend the authorization. + (B) Additional review.--If an authorization is extended + under subparagraph (A), the chief judge of the district court + (or, if the chief judge is unavailable, the most senior + available active judge of the court or the chief judge or + circuit justice of the circuit that includes the district + court) to which the authorization applies shall review the + extension of authority not less frequently than once every 90 + days until the earlier of-- + (i) the date on which the chief judge (or other judge + or justice) determines the authorization is no longer + warranted; or + (ii) the date on which the emergency authority is + terminated under paragraph (5). + (4) Consent.--Video teleconferencing or telephone conferencing + authorized under paragraph (1) or (2) may only take place with the + consent of the defendant, or the juvenile, after consultation with + counsel. + (5) Termination of emergency authority.--The authority provided + under paragraphs (1), (2), and (3), and any specific authorizations + issued under those paragraphs, shall terminate on the earlier of-- + (A) the last day of the covered emergency period; or + (B) the date on which the Judicial Conference of the United + States finds that emergency conditions due to the national + emergency declared by the President under the National + Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the + Coronavirus Disease 2019 (COVID-19) no longer materially affect + the functioning of either the Federal courts generally or the + district court in question. + (6) National emergencies generally.--The Judicial Conference of + the United States and the Supreme Court of the United States shall + consider rule amendments under chapter 131 of title 28, United + States Code (commonly known as the ``Rules Enabling Act''), that + address emergency measures that may be taken by the Federal courts + when the President declares a national emergency under the National + Emergencies Act (50 U.S.C. 1601 et seq.). + (7) Rule of construction.--Nothing in this subsection shall + obviate a defendant's right to counsel under the Sixth Amendment to + the Constitution of the United States, any Federal statute, or the + Federal Rules of Criminal Procedure. + (c) The amount provided by this section is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + DISTRICT OF COLUMBIA + + Federal Funds + + federal payment for emergency planning and security costs in the + district of columbia + + For an additional amount for ``Federal Payment for Emergency +Planning and Security Costs in the District of Columbia'', $5,000,000, +to remain available until expended, to prevent, prepare for, and +respond to coronavirus, domestically or internationally: Provided, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + INDEPENDENT AGENCIES + + Election Assistance Commission + + election security grants + + For an additional amount for ``Election Security Grants'', +$400,000,000, to prevent, prepare for, and respond to coronavirus, +domestically or internationally, for the 2020 Federal election cycle: +Provided, That a State receiving a payment with funds provided under +this heading in this Act shall provide to the Election Assistance +Commission, within 20 days of each election in the 2020 Federal +election cycle in that State, a report that includes a full accounting +of the State's uses of the payment and an explanation of how such uses +allowed the State to prevent, prepare for, and respond to coronavirus: +Provided further, That, within 3 days of its receipt of a report +required in the preceding proviso, the Election Assistance Commission +will transmit the report to the Committee on Appropriations and the +Committee on House Administration of the House of Representatives and +the Committee on Appropriations and the Committee on Rules and +Administration of the Senate: Provided further, That not later than 30 +days after the date of enactment of this Act, the Election Assistance +Commission shall make the payments to States under this heading: +Provided further, That any portion of a payment made to a State with +funds provided under this heading in this Act which is unobligated on +December 31, 2020 shall be returned to the Treasury: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Federal Communications Commission + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', +$200,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus, domestically or internationally, +including to support efforts of health care providers to address +coronavirus by providing telecommunications services, information +services, and devices necessary to enable the provision of telehealth +services during an emergency period, as defined in section 1135(g)(1) +of the Social Security Act (42 U.S.C. 1320b-5(g)(1)): Provided, That +the Federal Communications Commission may rely on the rules of the +Commission under part 54 of title 47, Code of Federal Regulations, in +administering the amount provided under the heading in this Act if the +Commission determines that such administration is in the public +interest: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + General Services Administration + + real property activities + + federal buildings fund + + (including transfers of funds) + + For an additional amount to be deposited in the ``Federal Buildings +Fund'', $275,000,000, to remain available until expended, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That the amount provided under this heading +in this Act may be used to reimburse the Fund for obligations incurred +for this purpose prior to the date of the enactment of this Act: +Provided further, That such amount may be transferred to, and merged +with, accounts within the Federal Buildings Fund in amounts necessary +to cover costs incurred to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided further, That +the Administrator of General Services shall notify the Committees on +Appropriations of the House of Representatives and the Senate quarterly +on the obligations and expenditures of the funds provided by this Act +by account of the Federal Buildings Fund: Provided further, That funds +made available to the Administrator in this or any previous Act shall +not be subject to section 3307 of title 40, United States Code, for the +acquisition of space necessary to prevent, prepare for, or respond to +coronavirus, domestically or internationally: Provided further, That +no action taken by the Administrator to acquire real property and +interests in real property or to improve real property in response to +coronavirus shall be deemed a Federal action or undertaking and subject +to review under the National Environmental Policy Act of 1969, as +amended (42 U.S.C. 4321 et seq.), or the National Historic Preservation +Act of 1966, as amended (54 U.S.C. 300101 et seq.), respectively: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + general activities + + federal citizen services fund + + (including transfer of funds) + + For an additional amount to be deposited in the ``Federal Citizen +Services Fund'', $18,650,000, to remain available until expended, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + working capital fund + + For an additional amount for ``Working Capital Fund'', $1,500,000, +to remain available until expended, to prevent, prepare for, and +respond to coronavirus, domestically or internationally: Provided, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + administrative provision--general services administration + + Sec. 15003. Notwithstanding 41 U.S.C. 3304(a)(7)(B), the +Administrator, when making a determination that use of noncompetitive +procedures is necessary for public interest in accordance with 41 +U.S.C. 3304(a)(7)(A) in response to a public health emergency +declaration by the Secretary of Health and Human Services under section +319 of the Public Health Service Act (42 U.S.C. 247(d)), is required to +notify Congress in writing of that determination not less than 3 days +prior to the award of the contract. + + National Archives and Records Administration + + operating expenses + + For an additional amount for ``Operating Expenses'', $8,100,000, to +remain available until September 30, 2021, to prevent, prepare for, and +respond to coronavirus, domestically or internationally: Provided, +That the amount provided under this heading in this Act may be used to +provide expenses of the Federal Records Center Program for preventing, +preparing for, and responding to coronavirus, domestically or +internationally: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Office of Personnel Management + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', +$12,100,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including technologies for digital case management, +short-term methods to allow electronic submissions of retirement +application packages in support of paper-based business operations, and +increased telecommunications: Provided, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Pandemic Response Accountability Committee + + For an additional amount for ``Pandemic Response Accountability +Committee'', $80,000,000, to remain available until expended, to +promote transparency and support oversight of funds provided in this +Act to prevent, prepare for, and respond to coronavirus, domestically +or internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Small Business Administration + + disaster loans program account + + (including transfers of funds) + + For an additional amount for the ``Disaster Loans Program +Account'', $562,000,000, to remain available until expended, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, for the cost of direct loans authorized by section +7(b) of the Small Business Act and for administrative expenses to carry +out the disaster loan program authorized by section 7(b) of the Small +Business Act: Provided, That the amounts provided under this heading +in this Act may be transferred to, and merged with, ``Small Business +Administration--Salaries and Expenses'' to prevent, prepare for, and +respond to coronavirus, domestically or internationally: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + + pandemic response accountability committee + + Sec. 15010. (a) In this section-- + (1) the term ``agency'' has the meaning given the term in + section 551 of title 5, United States Code; + (2) the term ``appropriate congressional committees'' means-- + (A) the Committees on Appropriations of the Senate and the + House of Representatives; + (B) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (C) the Committee on Oversight and Reform of the House of + Representatives; and + (D) any other relevant congressional committee of + jurisdiction; + (3) the term ``Chairperson'' means the Chairperson of the + Committee; + (4) the term ``Council'' means the Council of the Inspectors + General on Integrity and Efficiency established under section 11 of + the Inspector General Act of 1978 (5 U.S.C. App); + (5) the term ``Committee'' means the Pandemic Response + Accountability Committee established under subsection (b); + (6) the term ``covered funds'' means any funds, including + loans, that are made available in any form to any non-Federal + entity, not including an individual, under-- + (A) this Act; + (B) the Coronavirus Preparedness and Response Supplemental + Appropriations Act, 2020 (Public Law 116-123); + (C) the Families First Coronavirus Response Act (Public Law + 116-127); or + (D) any other Act primarily making appropriations for the + Coronavirus response and related activities; and + (7) the term ``Coronavirus response'' means the Federal + Government's response to the nationwide public health emergency + declared by the Secretary of Health and Human Services, retroactive + to January 27, 2020, pursuant to section 319 of the Public Health + Service Act (42 U.S.C. 247d), as a result of confirmed cases of the + novel coronavirus (COVID-19) in the United States. + (b) There is established within the Council the Pandemic Response +Accountability Committee to promote transparency and conduct and +support oversight of covered funds and the Coronavirus response to-- + (1) prevent and detect fraud, waste, abuse, and mismanagement; + and + (2) mitigate major risks that cut across program and agency + boundaries. + (c)(1) The Chairperson of the Committee shall be selected by the +Chairperson of the Council from among Inspectors General described in +subparagraphs (B), (C), and (D) of paragraph (2) with experience +managing oversight of large organizations and expenditures. + (2) The members of the Committee shall include-- + (A) the Chairperson; + (B) the Inspectors General of the Departments of Defense, + Education, Health and Human Services, Homeland Security, Justice, + Labor, and the Treasury; + (C) the Inspector General of the Small Business Administration; + (D) the Treasury Inspector General for Tax Administration; and + (E) any other Inspector General, as designated by the + Chairperson from any agency that expends or obligates covered funds + or is involved in the Coronavirus response. + (3)(A) There shall be an Executive Director and a Deputy Executive +Director of the Committee. + (B)(i)(I) Not later than 30 days after the date of enactment of +this Act, the Executive Director of the Committee shall be appointed by +the Chairperson of the Council, in consultation with the majority +leader of the Senate, the Speaker of the House of Representatives, the +minority leader of the Senate, and the minority leader of the House of +Representatives. + (II) Not later than 90 days after the date of enactment of this +Act, the Deputy Executive Director of the Committee shall be appointed +by the Chairperson of the Council, in consultation with the majority +leader of the Senate, the Speaker of the House of Representatives, the +minority leader of the Senate, the minority leader of the House of +Representatives, and the Executive Director of the Committee. + (ii) The Executive Director and the Deputy Executive Director of +the Committee shall-- + (I) have demonstrated ability in accounting, auditing, and + financial analysis; + (II) have experience managing oversight of large organizations + and expenditures; and + (III) be full-time employees of the Committee. + (C) The Executive Director of the Committee shall-- + (i) report directly to the Chairperson; + (ii) appoint staff of the Committee, subject to the approval of + the Chairperson, consistent with subsection (f); + (iii) supervise and coordinate Committee functions and staff; + and + (iv) perform any other duties assigned to the Executive + Director by the Committee. + (4)(A) Members of the Committee may not receive additional +compensation for services performed. + (B) The Executive Director and Deputy Executive Director of the +Committee shall be compensated at the rate of basic pay prescribed for +level IV of the Executive Schedule under section 5315 of title 5, +United States Code. + (d)(1)(A) The Committee shall conduct and coordinate oversight of +covered funds and the Coronavirus response and support Inspectors +General in the oversight of covered funds and the Coronavirus response +in order to-- + (i) detect and prevent fraud, waste, abuse, and mismanagement; + and + (ii) identify major risks that cut across programs and agency + boundaries. + (B) The functions of the Committee shall include-- + (i) developing a strategic plan to ensure coordinated, + efficient, and effective comprehensive oversight by the Committee + and Inspectors General over all aspects of covered funds and the + Coronavirus response; + (ii) auditing or reviewing covered funds, including a + comprehensive audit and review of charges made to Federal contracts + pursuant to authorities provided in the Coronavirus Aid, Relief, + and Economic Security Act, to determine whether wasteful spending, + poor contract or grant management, or other abuses are occurring + and referring matters the Committee considers appropriate for + investigation to the Inspector General for the agency that + disbursed the covered funds, including conducting randomized audits + to identify fraud; + (iii) reviewing whether the reporting of contracts and grants + using covered funds meets applicable standards and specifies the + purpose of the contract or grant and measures of performance; + (iv) reviewing the economy, efficiency, and effectiveness in + the administration of, and the detection of fraud, waste, abuse, + and mismanagement in, Coronavirus response programs and operations; + (v) reviewing whether competition requirements applicable to + contracts and grants using covered funds have been satisfied; + (vi) serving as a liaison to the Director of the Office of + Management and Budget, the Secretary of the Treasury, and other + officials responsible for implementing the Coronavirus response; + (vii) reviewing whether there are sufficient qualified + acquisition, grant, and other applicable personnel overseeing + covered funds and the Coronavirus response; + (viii) reviewing whether personnel whose duties involve the + Coronavirus response or acquisitions or grants made with covered + funds or are otherwise related to the Coronavirus response receive + adequate training, technology support, and other resources; + (ix) reviewing whether there are appropriate mechanisms for + interagency collaboration relating to the oversight of covered + funds and the Coronavirus response, including coordinating and + collaborating to the extent practicable with State and local + government entities; + (x) expeditiously reporting to the Attorney General any + instance in which the Committee has reasonable grounds to believe + there has been a violation of Federal criminal law; and + (xi) coordinating and supporting Inspectors General on matters + related to oversight of covered funds and the Coronavirus response. + (2)(A)(i) The Committee shall submit to the President and Congress, +including the appropriate congressional committees, management alerts +on potential management, risk, and funding problems that require +immediate attention. + (ii) The Committee shall submit to Congress such other reports or +provide such periodic updates on the work of the Committee as the +Committee considers appropriate on the use of covered funds and the +Coronavirus response. + (B) The Committee shall submit biannual reports to the President +and Congress, including the appropriate congressional committees, and +may submit additional reports as appropriate-- + (i) summarizing the findings of the Committee; and + (ii) identifying and quantifying the impact of any tax + expenditures or credits authorized under this Act to the extent + practicable. + (C)(i) All reports submitted under this paragraph shall be made +publicly available and posted on the website established under +subsection (g). + (ii) Any portion of a report submitted under this paragraph may be +redacted when made publicly available, if that portion would disclose +information that is not subject to disclosure under sections 552 and +552a of title 5, United States Code, or is otherwise prohibited from +disclosure by law. + (3)(A) The Committee shall make recommendations to agencies on +measures to prevent or address fraud, waste, abuse and mismanagement, +and to mitigate risks that cut across programs and agency boundaries, +relating to covered funds and the Coronavirus response. + (B) Not later than 30 days after receipt of a recommendation under +subparagraph (A), an agency shall submit a report to the President and +the appropriate congressional committees on-- + (i) whether the agency agrees or disagrees with the + recommendations; and + (ii) any actions the agency will take to implement the + recommendations, which shall also be included in the report + required under section 2(b) of the GAO-IG Act (31 U.S.C. 1105 + note). + (e)(1) The Committee shall conduct audits and reviews of programs, +operations, and expenditures relating to covered funds and the +Coronavirus response and coordinate on such activities with the +Inspector General of the relevant agency to avoid unnecessary +duplication and overlap of work. + (2) The Committee may-- + (A) conduct its own independent investigations, audits, and + reviews relating to covered funds or the Coronavirus response; + (B) collaborate on audits and reviews relating to covered funds + with any Inspector General of an agency; and + (C) provide support to relevant agency Inspectors General in + conducting investigations, audits, and reviews relating to the + covered funds and Coronavirus response. + (3)(A) In conducting and supporting investigations, audits, and +reviews under this subsection, the Committee-- + (i) shall have the authorities provided under section 6 of the + Inspector General Act of 1978 (5 U.S.C. App.); + (ii) may issue subpoenas to compel the testimony of persons who + are not Federal officers or employees; and + (iii) may enforce such subpoenas in the event of a refusal to + obey by order of any appropriate United States district court as + provided for under section 6 of the Inspector General Act of 1978 + (5 U.S.C. App). + (B) The Committee shall carry out the powers under paragraphs (1) +and (2) in accordance with section 4(b)(1) of the Inspector General Act +of 1978 (5 U.S.C. App.). + (C) Whenever information or assistance requested by the Committee +or an Inspector General is unreasonably refused or not provided, the +Committee shall immediately report the circumstances to the appropriate +congressional committees. + (D) The Committee shall leverage existing information technology +resources within the Council, such as oversight.gov, to carry out the +duties of the Committee. + (4)(A) The Committee may hold public hearings and Committee +personnel may conduct necessary inquiries. + (B) The head of each agency shall make all officers and employees +of that agency available to provide testimony to the Committee and +Committee personnel. + (C) The Committee may issue subpoenas to compel the testimony of +persons who are not Federal officers or employees at such public +hearings, which may be enforced in the same manner as provided for +subpoenas under section 6 of the Inspector General Act of 1978 (5 +U.S.C. App.). + (5) The Committee may enter into contracts to enable the Committee +to discharge its duties, including contracts and other arrangements for +audits, studies, analyses, and other services with public agencies and +with private persons, and make such payments as may be necessary to +carry out the duties of the Committee. + (6) The Committee may establish subcommittees to facilitate the +ability of the Committee to discharge its duties. + (7) The Committee may transfer funds appropriated to the Committee +for expenses to support administrative support services and audits, +reviews, or other activities related to oversight by the Committee of +covered funds or the Coronavirus response to any Office of the +Inspector General or the General Services Administration. + (f)(1)(A)(i) Subject to subparagraph (B), the Committee may +exercise the authorities of subsections (b) through (i) of section 3161 +of title 5, United States Code (without regard to subsection (a) of +that section) to carry out the functions of the Committee under this +section. + (ii) For purposes of exercising the authorities described under +clause (i), the term ``Chairperson'' shall be substituted for the term +``head of a temporary organization''. + (iii) In exercising the authorities described in clause (i), the +Chairperson shall consult with members of the Committee. + (iv) In addition to the authority provided by section 3161(c) of +title 5, United States Code, upon the request of an Inspector General, +the Committee may detail, on a nonreimbursable basis, any personnel of +the Council to that Inspector General to assist in carrying out any +audit, review, or investigation pertaining to the oversight of covered +funds or the Coronavirus response. + (B) In exercising the employment authorities under section 3161(b) +of title 5, United States Code, as provided under subparagraph (A) of +this paragraph-- + (i) section 3161(b)(2) of that title (relating to periods of + appointments) shall not apply; and + (ii) no period of appointment may exceed the date on which the + Committee terminates. + (C)(i) A person employed by the Committee 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 +subsection. + (ii) No person who is first employed as described in clause (i) +more than 2 years after the date of enactment of this Act may acquire +competitive status under clause (i). + (2)(A) The Committee may employ annuitants covered by section +9902(g) of title 5, United States Code, for purposes of the oversight +of covered funds or the Coronavirus response. + (B) The employment of annuitants under this paragraph shall be +subject to the provisions of section 9902(g) of title 5, United States +Code, as if the Committee was the Department of Defense. + (3) Upon request of the Committee for information or assistance +from any agency or other entity of the Federal Government, the head of +such entity shall, insofar as is practicable and not in contravention +of any existing law, and consistent with section 6 of the Inspector +General Act of 1978 (5 U.S.C. App.), furnish such information or +assistance to the Committee, or an authorized designee, including an +Inspector General designated by the Chairperson. + (4) Any Inspector General responsible for conducting oversight +related to covered funds or the Coronavirus response may, consistent +with the duties, responsibilities, policies, and procedures of the +Inspector General, provide information requested by the Committee or an +Inspector General on the Committee relating to the responsibilities of +the Committee. + (g)(1)(A) Not later than 30 days after the date of enactment of +this Act, the Committee shall establish and maintain a user-friendly, +public-facing website to foster greater accountability and transparency +in the use of covered funds and the Coronavirus response, which shall +have a uniform resource locator that is descriptive and memorable. + (B) The Committee shall leverage existing information technology +and resources, such as oversight.gov, to the greatest extent +practicable to meet the requirements under this section. + (2) The website established and maintained under paragraph (1) +shall be a portal or gateway to key information relating to the +oversight of covered funds and the Coronavirus response and provide +connections to other Government websites with related information. + (3) In establishing and maintaining the website under paragraph +(1), the Committee shall ensure the following: + (A) The website shall provide materials and information + explaining the Coronavirus response and how covered funds are being + used. The materials shall be easy to understand and regularly + updated. + (i) The website shall provide accountability information, + including findings from Inspectors General, including any progress + reports, audits, inspections, or other reports, including reports + from or links to reports on the website of the Government + Accountability Office. + (ii) The website shall provide data on relevant operational, + economic, financial, grant, subgrant, contract, and subcontract + information in user-friendly visual presentations to enhance public + awareness of the use of covered funds and the Coronavirus response. + (iii) The website shall provide detailed data on any Federal + Government awards that expend covered funds, including a unique + trackable identification number for each project, information about + the process that was used to award the covered funds, and for any + covered funds over $150,000, a detailed explanation of any + associated agreement, where applicable. + (iv) The website shall include downloadable, machine-readable, + open format reports on covered funds obligated by month to each + State and congressional district, where applicable. + (v) The website shall provide a means for the public to give + feedback on the performance of any covered funds and of the + Coronavirus response, including confidential feedback. + (vi) The website shall include detailed information on Federal + Government awards that expend covered funds, including data + elements required under the Federal Funding Accountability and + Transparency Act of 2006 (31 U.S.C. 6101 note), allowing aggregate + reporting on awards below $50,000, as prescribed by the Director of + the Office of Management and Budget. + (vii) The website shall provide a link to estimates of the jobs + sustained or created by this Act to the extent practicable. + (viii) The website shall include appropriate links to other + government websites with information concerning covered funds and + the Coronavirus response, including Federal agency and State + websites. + (ix) The website shall include a plan from each Federal agency + for using covered funds. + (x) The website shall provide information on Federal + allocations of mandatory and other entitlement programs by State, + county, or other geographical unit related to covered funds or the + Coronavirus response. + (xi) The website shall present the data such that funds + subawarded by recipients are not double counted in search results, + data visualizations, or other reports. + (xii) The website shall include all recommendations made to + agencies relating to covered funds and the Coronavirus response, as + well as the status of each recommendation. + (xiii) The website shall be enhanced and updated as necessary + to carry out the purposes of this section. + (4) The Committee may exclude posting contractual or other +information on the website on a case-by-case basis when necessary to +protect national security or to protect information that is not subject +to disclosure under sections 552 and 552a of title 5, United States +Code. + (h)(1) Nothing in this section shall affect the independent +authority of an Inspector General to determine whether to conduct an +audit or investigation of covered funds or the Coronavirus response. + (2) If the Committee requests that an Inspector General of an +agency conduct or refrain from conducting an audit or investigation and +the Inspector General rejects the request in whole or in part, the +Inspector General shall, not later than 30 days after rejecting the +request, submit a report to the Committee, the head of the applicable +agency, and the appropriate congressional committees, that states the +reasons that the Inspector General has rejected the request in whole or +in part. + (i) The Committee shall coordinate its oversight activities with +the Comptroller General of the United States and State auditors. + (j) For the purposes of carrying out the mission of the Committee +under this section, there are authorized to be appropriated such sums +as may be necessary to carry out the duties and functions of the +Committee. + (k) The Committee shall terminate on September 30, 2025. + + + reporting on use of funds + + Sec. 15011. (a) In this section-- + (1) the terms ``agency'', ``appropriate congressional + committees'', ``Committee'', ``covered funds'', and ``Coronavirus + response'' have the meanings given those terms in section 15010; + (2) the term ``covered recipient''-- + (A) means any entity that receives large covered funds; and + (B) includes any State, the District of Columbia, and any + territory or possession of the United States; and + (3) the term ``large covered funds'' means covered funds that + amount to more than $150,000. + (b)(1)(A) On a monthly basis until September 30, 2021, each agency +shall report to the Director of the Office of Management and Budget, +the Bureau of Fiscal Service in the Department of the Treasury, the +Committee, and the appropriate congressional committees on any +obligation or expenditure of large covered funds, including loans and +awards. + (B) Not later than 90 days after the date of enactment of this Act, +each agency shall submit to the Committee a plan describing how the +agency will use covered funds. + (2) Not later than 10 days after the end of each calendar quarter, +each covered recipient shall submit to the agency and the Committee a +report that contains-- + (A) the total amount of large covered funds received from the + agency; + (B) the amount of large covered funds received that were + expended or obligated for each project or activity; + (C) a detailed list of all projects or activities for which + large covered funds were expended or obligated, including-- + (i) the name of the project or activity; + (ii) a description of the project or activity; and + (iii) the estimated number of jobs created or retained by + the project or activity, where applicable; and + (D) detailed information on any level of subcontracts or + subgrants awarded by the covered recipient or its subcontractors or + subgrantees, to include the data elements required to comply with + the Federal Funding Accountability and Transparency Act of 2006 (31 + U.S.C. 6101 note) allowing aggregate reporting on awards below + $50,000 or to individuals, as prescribed by the Director of the + Office of Management and Budget. + (3) Not later than 30 days after the end of each calendar quarter, +the Committee, in consultation with the agency that made large covered +funds available to any covered recipient shall make the information in +reports submitted under paragraph (2) publicly available by posting the +information on the website established under section 15010(g). + (4)(A) Each agency, in coordination with the Committee and the +Director of the Office of Management and Budget shall provide user- +friendly means for covered recipients to meet requirements of this +subsection. + (B) Federal agencies may use existing mechanisms to ensure that +information under this subsection is reported accurately. + (c)(1) The Director of the Office of Management and Budget, in +consultation with the Secretary of the Treasury, the Administrator of +the Small Business Administration, and the Chairperson of the Council +of Economic Advisors, shall submit to the appropriate congressional +committees and publicly release on the website established under +section 15010(g) quarterly reports that detail the impact of programs +funded through large covered funds on employment, estimated economic +growth, and other key economic indicators, including information about +impacted industries. + (2)(A) The first report submitted under paragraph (1) shall be +submitted not later than 45 days after the end of the first full +quarter following the date of enactment of this Act. + (B) The last report required to be submitted under paragraph (1) +shall apply to the quarter in which the Committee terminates. + + TITLE VI + + DEPARTMENT OF HOMELAND SECURITY + + Management Directorate + + operations and support + + For an additional amount for ``Operations and Support'', +$178,300,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, which shall be for the purchase of personal protective +equipment and sanitization materials: Provided, That funds provided +under this heading in this Act may be transferred by the Secretary of +Homeland Security between appropriations in the Department only for the +purchase of personal protective equipment and sanitization materials to +prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided further, That none of the funds made +available under this heading may be transferred pursuant to the +authority in section 503 of the Department of Homeland Security +Appropriations Act, 2020: Provided further, That the Department shall +provide notice of any transfer to the Committees on Appropriations of +the Senate and the House of Representatives not later than 5 days after +executing such transfer: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Transportation Security Administration + + operations and support + + For an additional amount for ``Operations and Support'', +$100,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, which shall be for cleaning and sanitization at +checkpoints and other airport common areas; overtime and travel costs; +and explosive detection materials: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + United States Coast Guard + + operations and support + + For an additional amount for ``Operations and Support'', +$140,800,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, which shall be for mobilization of reservists and +increasing the capability and capacity of Coast Guard information +technology systems and infrastructure: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Cybersecurity and Infrastructure Security Agency + + operations and support + + For an additional amount for ``Operations and Support'', +$9,100,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, which shall be for support of interagency critical +infrastructure coordination and related activities: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Federal Emergency Management Agency + + operations and support + + For an additional amount for ``Operations and Support'', +$44,987,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, which shall be for enhancements to information +technology and for facilities support: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + disaster relief fund + + For an additional amount for ``Disaster Relief Fund'', +$45,000,000,000, to remain available until expended: Provided, That of +the amount provided under this heading in this Act, $25,000,000,000 +shall be for major disasters declared pursuant to the Robert T. +Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 +et seq.): Provided further, That of the amount provided under this +heading in this Act, $15,000,000,000 may be used for all purposes +authorized under such Act and may be used in addition to amounts +designated by the Congress as being for disaster relief pursuant to +section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit +Control Act of 1985: Provided further, That every 30 days the +Administrator shall provide the Committees on Appropriations of the +Senate and the House of Representatives both projected and actual costs +for funds provided under this heading for major disasters and any other +expenses: Provided further, That of the amounts provided under this +heading, $3,000,000 shall be transferred to ``Office of Inspector +General'' and shall remain available until expended for oversight of +activities supported by funds provided under this heading: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + federal assistance + + For an additional amount for ``Federal Assistance'', $400,000,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally: Provided, +That of the amount provided under this heading in this Act, +$100,000,000 shall be for Assistance to Firefighter Grants for the +purchase of personal protective equipment and related supplies, +including reimbursements; $100,000,000 shall be for Emergency +Management Performance Grants; and $200,000,000 shall be for the +Emergency Food and Shelter Program: Provided further, That such amount +is designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 16001. Notwithstanding any other provision of law, funds made +available under each heading in this title, except for ``Federal +Emergency Management Agency--Disaster Relief Fund'', shall only be used +for the purposes specifically described under that heading. + Sec. 16002. Notwithstanding any other provision of law, any +amounts appropriated for ``Federal Emergency Management Agency-- +Disaster Relief Fund'' in this Act are available only for the purposes +for which they were appropriated. + Sec. 16003. (a) Premium Pay Authority.--If services performed +during fiscal year 2020 are determined by the head of the agency to be +primarily related to preparation, prevention, or response to +coronavirus, any premium pay that is funded, either directly or through +reimbursement, by the Federal Emergency Management Agency shall be +exempted from the aggregate of basic pay and premium pay calculated +under section 5547(a) of title 5, United States Code, and any other +provision of law limiting the aggregate amount of premium pay payable +on a biweekly or calendar year basis. + (b) Overtime Authority.--Any overtime that is funded for such +services described in subsection (a), either directly or through +reimbursement, by the Federal Emergency Management Agency shall be +exempted from any annual limit on the amount of overtime payable in a +calendar or fiscal year. + (c) Applicability of Aggregate Limitation on Pay.--In determining +whether an employee's pay exceeds the applicable annual rate of basic +pay payable under section 5307 of title 5, United States Code, the head +of an Executive agency shall not include pay exempted under this +section. + (d) Limitation of Pay Authority.--Pay exempted from otherwise +applicable limits under subsection (a) shall not cause the aggregate +pay earned for the calendar year in which the exempted pay is earned to +exceed the rate of basic pay payable for a position at level II of the +Executive Schedule under section 5313 of title 5, United States Code. + (e) Effective Date.--This section shall take effect as if enacted +on January 1, 2020. + Sec. 16004. (a) Amounts provided for ``Coast Guard--Operations and +Support'' in the Consolidated Appropriations Act, 2020 (Public Law 116- +93) may be available for pay and benefits of Coast Guard Yard and +Vessel Documentation personnel, Non-Appropriated Funds personnel, and +for Morale, Welfare and Recreation Programs. + (b) No amounts may be used under this section from amounts that +were designated by the Congress for Overseas Contingency Operations/ +Global War on Terrorism pursuant to the Concurrent Resolution on the +Budget or the Balanced Budget and Emergency Deficit Control Act of +1985. + Sec. 16005. (a) Notwithstanding any other provision of law +regarding the licensure of health-care providers, a health-care +professional described in subsection (b) may practice the health +profession or professions of the health-care professional at any +location in any State, the District of Columbia, or Commonwealth, +territory, or possession of the United States, or any location +designated by the Secretary, regardless of where such health-care +professional or the patient is located, so long as the practice is +within the scope of the authorized Federal duties of such health-care +professional. + (b) Definition.--As used in this section, the term ``health-care +professional'' means an individual (other than a member of the Coast +Guard, a civilian employee of the Coast Guard, member of the Public +Health Service who is assigned to the Coast Guard, or an individual +with whom the Secretary, pursuant to 10 U.S.C. 1091, has entered into a +personal services contract to carry out health care responsibilities of +the Secretary at a medical treatment facility of the Coast Guard) who-- + (1) is-- + (A) an employee of the Department of Homeland Security, + (B) a detailee to the Department from another Federal + agency, + (C) a personal services contractor of the Department, or + (D) hired under a Contract for Services; + (2) performs health care services as part of duties of the + individual in that capacity; + (3) has a current, valid, and unrestricted equivalent license + certification that is-- + (A) issued by a State, the District of Columbia, or a + Commonwealth, territory, or possession of the United States; + and + (B) for the practice of medicine, osteopathic medicine, + dentistry, nursing, emergency medical services, or another + health profession; and + (4) is not affirmatively excluded from practice in the + licensing or certifying jurisdiction or in any other jurisdiction. + (c) Subsection (a) shall apply during the incident period of the +emergency declared by the President on March 13, 2020, pursuant to +section 501(b) of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5121(b)), and to any subsequent major +declaration under section 401 of such Act that supersedes such +emergency declaration. + Sec. 16006. The Secretary of Homeland Security, under the +authority granted under section 205(b) of the REAL ID Act of 2005 +(Public Law 109-13; 49 U.S.C. 30301 note) shall extend the deadline by +which States are required to meet the driver license and identification +card issuance requirements under section 202(a)(1) of such Act until +not earlier than September 30, 2021. + Sec. 16007. Section 5 of the Protecting and Securing Chemical +Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 6 +U.S.C. 621 note) is amended by striking ``the date that is 5 years and +3 months after the effective date of this Act'' and inserting ``July +23, 2020'': Provided, That the amount provided by this section is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + TITLE VII + + DEPARTMENT OF THE INTERIOR + + Indian Affairs + + Bureau of Indian Affairs + + operation of indian programs + + (including transfers of funds) + + For an additional amount for ``Operation of Indian Programs'', +$453,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including, but not limited to, funds for public safety +and justice programs, executive direction to carry out deep cleaning of +facilities, purchase of personal protective equipment, purchase of +information technology to improve teleworking capability, welfare +assistance and social services programs (including assistance to +individuals), and assistance to tribal governments, including tribal +governments who participate in the ``Small and Needy'' program: +Provided, That amounts received from funds provided under this heading +in this Act for welfare assistance programs shall not be included in +the statutory maximum for welfare assistance funds included in Public +Law 116-94, the Further Consolidated Appropriations Act, 2020: +Provided further, That assistance received from funds provided under +this heading in this Act shall not be included in the calculation of +funds received by those tribal governments who participate in the +``Small and Needy'' program: Provided further, That of the amounts +provided under this heading in this Act, not less than $400,000,000 +shall be made available to meet the direct needs of tribes: Provided +further, That amounts provided under this heading in this Act may be +made available for distribution through tribal priority allocations for +tribal response and capacity building activities: Provided further, +That funds provided under this heading in this Act, if transferred to +tribes and tribal organizations under the Indian Self-Determination and +Education Assistance Act, will be transferred on a one-time basis and +that these non-recurring funds are not part of the amount required by +25 U.S.C. Sec. 5325: Provided further, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + bureau of indian education + + operation of indian education programs + + For an additional amount for ``Operation of Indian Education +Programs'', $69,000,000, to remain available until September 30, 2021, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally, including, but not limited to, funding for tribal +colleges and universities, salaries, transportation, and information +technology: Provided, That of the amounts provided in this paragraph, +not less than $20,000,000 shall be for tribal colleges and +universities: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Departmental Offices + + Office of the Secretary + + departmental operations + + (including transfers of funds) + + For an additional amount for ``Departmental Operations'', +$158,400,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including, but not limited to, funds for purchasing +equipment and supplies to disinfect and clean buildings and public +areas, supporting law enforcement and emergency management operations, +biosurveillance of wildlife and environmental persistence studies, +employee overtime and special pay expenses, and other response, +mitigation, or recovery activities: Provided, That funds appropriated +under this heading in this Act shall be used to absorb increased +operational costs necessary to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided further, That +the Secretary of the Interior may transfer the funds provided under +this heading in this Act to any other account in the Department to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, and may expend such funds directly or through +cooperative agreements: Provided further, That the Secretary shall +provide a monthly report to the Committees on Appropriations of the +House of Representatives and the Senate detailing the allocation and +obligation of these funds by account, beginning not later than 90 days +after enactment of this Act: Provided further, That as soon as +practicable after the date of enactment of this Act, the Secretary +shall transfer $1,000,000 to the Office of the Inspector General, +``Salaries and Expenses'' account for oversight activities related to +the implementation of programs, activities or projects funded herein: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Insular Affairs + + assistance to territories + + For an additional amount for ``Assistance to Territories'', +$55,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, for general technical assistance: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + ENVIRONMENTAL PROTECTION AGENCY + + Science and Technology + + For an additional amount for ``Science and Technology'', +$2,250,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That of the amount provided under this +heading in this Act, $750,000 shall be for necessary expenses for +cleaning and disinfecting equipment or facilities of, or for use by, +the Environmental Protection Agency, and $1,500,000 shall be for +research on methods to reduce the risks from environmental transmission +of coronavirus via contaminated surfaces or materials: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Environmental Programs and Management + + For an additional amount for ``Environmental Programs and +Management'', $3,910,000, to remain available until September 30, 2021, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That of the amount provided under this +heading in this Act, $2,410,000 shall be for necessary expenses for +cleaning and disinfecting equipment or facilities of, or for use by, +the Environmental Protection Agency, and operational continuity of +Environmental Protection Agency programs and related activities, and +$1,500,000 shall be for expediting registration and other actions +related to pesticides to address coronavirus: Provided further, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Buildings and Facilities + + For an additional amount for ``Buildings and Facilities'', +$300,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That the funds provided under this heading +in this Act shall be for necessary expenses for cleaning and +disinfecting equipment or facilities of, or for use by, the +Environmental Protection Agency: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Hazardous Substance Superfund + + For an additional amount for ``Hazardous Substance Superfund'', +$770,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That the funds provided under this heading +in this Act shall be for necessary expenses for cleaning and +disinfecting equipment or facilities of, or for use by, the +Environmental Protection Agency: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + RELATED AGENCIES + + DEPARTMENT OF AGRICULTURE + + Forest Service + + forest and rangeland research + + For an additional amount for ``Forest and Rangeland Research'', +$3,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including for the reestablishment of abandoned or +failed experiments associated with employee restrictions due to the +coronavirus outbreak: Provided, That amounts provided under this +heading in this Act shall be allocated at the discretion of the Chief +of the Forest Service: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + national forest system + + For an additional amount for ``National Forest System'', +$34,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including for cleaning and disinfecting of public +recreation amenities and for personal protective equipment and baseline +health testing for first responders: Provided, That amounts provided +under this heading in this Act shall be allocated at the discretion of +the Chief of the Forest Service: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + capital improvement and maintenance + + For an additional amount for ``Capital Improvement and +Maintenance'', $26,800,000, to remain available until September 30, +2021, to prevent, prepare for, and respond to coronavirus, domestically +or internationally, including for janitorial services: Provided, That +amounts provided under this heading in this Act shall be allocated at +the discretion of the Chief of the Forest Service: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + wildland fire management + + For an additional amount for ``Wildland Fire Management'', +$7,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including for personal protective equipment and +baseline health testing for first responders: Provided, That amounts +provided under this heading in this Act shall be allocated at the +discretion of the Chief of the Forest Service: Provided further, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Indian Health Service + + indian health services + + (including transfers of funds) + + For an additional amount for ``Indian Health Services'', +$1,032,000,000, to remain available until September 30, 2021, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, including for public health support, electronic health +record modernization, telehealth and other information technology +upgrades, Purchased/Referred Care, Catastrophic Health Emergency Fund, +Urban Indian Organizations, Tribal Epidemiology Centers, Community +Health Representatives, and other activities to protect the safety of +patients and staff: Provided, That of the amount provided under this +heading in this Act, up to $65,000,000 is for electronic health record +stabilization and support, including for planning and tribal +consultation: Provided further, That of amounts provided under this +heading in this Act, not less than $450,000,000 shall be distributed +through IHS directly operated programs and to tribes and tribal +organizations under the Indian Self-Determination and Education +Assistance Act and through contracts or grants with urban Indian +organizations under title V of the Indian Health Care Improvement Act: +Provided further, That any amounts provided in this paragraph not +allocated pursuant to the preceding proviso shall be allocated at the +discretion of the Director of the Indian Health Service: Provided +further, That of the funds provided herein, up to $125,000,000 may be +transferred to and merged with the ``Indian Health Service, Indian +Health Facilities'' appropriation at the discretion of the Director for +the purposes specified in this Act: Provided further, That amounts +provided under this heading in this Act, if transferred to tribes and +tribal organizations under the Indian Self-Determination and Education +Assistance Act, will be transferred on a one-time basis and that these +non-recurring funds are not part of the amount required by 25 U.S.C. +Sec. 5325, and that such amounts may only be used for the purposes +identified under this heading notwithstanding any other provision of +law: Provided further, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Agency for Toxic Substances and Disease Registry + + toxic substances and environmental public health + + For an additional amount for ``Toxic Substances and Environmental +Public Health'', $12,500,000, to remain available until September 30, +2021, to prevent, prepare for, and respond to coronavirus, domestically +or internationally: Provided, That $7,500,000 of the funds provided +under this heading in this Act shall be for necessary expenses of the +Geospatial Research, Analysis and Services Program to support spatial +analysis and Geographic Information System mapping of infectious +disease hot spots, including cruise ships: Provided further, That +$5,000,000 of the funds provided under this heading in this Act shall +be for necessary expenses for awards to Pediatric Environmental Health +Specialty Units and state health departments to provide guidance and +outreach on safe practices for disinfection for home, school, and +daycare facilities: Provided further, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + OTHER RELATED AGENCIES + + Institute of American Indian and Alaska Native Culture and Arts + Development + + payment to the institute + + For an additional amount for ``Payment to the Institute'', $78,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally: Provided, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Smithsonian Institution + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', $7,500,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally, including +funding for deep cleaning, security, information technology, and staff +overtime: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + John F. Kennedy Center for the Performing Arts + + operations and maintenance + + For an additional amount for ``Operations and Maintenance'', +$25,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including funding for deep cleaning and information +technology to improve telework capability and for operations and +maintenance requirements related to the consequences of coronavirus: +Provided, That notwithstanding the provisions of 20 U.S.C. 76h et seq., +funds provided under this heading in this Act shall be made available +to cover operating expenses required to ensure the continuity of the +John F. Kennedy Center for the Performing Arts and its affiliates, +including for employee compensation and benefits, grants, contracts, +payments for rent or utilities, fees for artists or performers, +information technology, and other administrative expenses: Provided +further, That no later than October 31, 2020, the Board of Trustees of +the Center shall submit a report to the Committees on Appropriations of +the House of Representatives and Senate that includes a detailed +explanation of the distribution of the funds provided herein: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + National Foundation on the Arts and Humanities + + National Endowment for the Arts + + grants and administration + + For an additional amount for ``Grants and Administration'', +$75,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, to be distributed in grants: Provided, That such +funds are available under the same terms and conditions as grant +funding appropriated to this heading in Public Law 116-94: Provided +further, That 40 percent of such funds shall be distributed to State +arts agencies and regional arts organizations and 60 percent of such +funds shall be for direct grants: Provided further, That +notwithstanding any other provision of law, such funds may also be used +by the recipients of such grants for purposes of the general operations +of such recipients: Provided further, That the matching requirements +under subsections (e), (g)(4)(A), and (p)(3) of section 5 of the +National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. +954) may be waived with respect to such grants: Provided further, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + National Endowment for the Humanities + + grants and administration + + For an additional amount for ``Grants and Administration'', +$75,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, to be distributed in grants: Provided, That such +funds are available under the same terms and conditions as grant +funding appropriated to this heading in Public Law 116-94: Provided +further, That 40 percent of such funds shall be distributed to state +humanities councils and 60 percent of such funds shall be for direct +grants: Provided further, That notwithstanding any other provision of +law, such funds may also be used by the recipients of such grants for +purposes of the general operations of such recipients: Provided +further, That the matching requirements under subsection (h)(2)(A) of +section 7 of the National Foundation on the Arts and Humanities Act of +1965 may be waived with respect to such grants: Provided further, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + TITLE VIII + + DEPARTMENT OF LABOR + + Employment and Training Administration + + training and employment services + + For an additional amount for ``Training and Employment Services'', +$345,000,000, to remain available through September 30, 2022, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, for necessary expenses for the dislocated workers +assistance national reserve: Provided, That the funds provided under +this heading in this Act may be used to replace grant funds previously +obligated to the impacted areas: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Departmental Management + + salaries and expenses + + (including transfer of funds) + + For an additional amount for ``Departmental Management'', +$15,000,000, to remain available through September 30, 2022, to +prevent, prepare for, and respond to coronavirus, including to enforce +worker protection laws and regulations, and to oversee and coordinate +activities related to division C, division D, division E, and division +F of Public Law 116-127: Provided, That the Secretary of Labor may +transfer the amounts provided under this heading in this Act as +necessary to ``Employee Benefits Security Administration'', ``Wage and +Hour Division'', ``Occupational Safety and Health Administration'', and +``Employment and Training Administration--Program Administration'' to +prevent, prepare for, and respond to coronavirus, including for +enforcement, oversight, and coordination activities in those accounts: +Provided further, That of the amount provided under this heading in +this Act, $1,000,000, to remain available until expended, shall be +transferred to ``Office of Inspector General'' for oversight of +activities related to Public Law 116-127 and for oversight activities +supported with funds appropriated to the Department of Labor to +prevent, prepare for, and respond to coronavirus: Provided further, +That 15 days prior to transferring any funds pursuant to the previous +provisos under the heading in this Act, the Secretary shall provide to +the Committees on Appropriations of the House of Representatives and +the Senate an operating plan describing the planned uses of each amount +proposed to be transferred: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Centers for Disease Control and Prevention + + cdc-wide activities and program support + + (including transfer of funds) + + For an additional amount for ``CDC-Wide Activities and Program +Support'', $4,300,000,000, to remain available until September 30, +2024, to prevent, prepare for, and respond to coronavirus, domestically +or internationally: Provided, That not less than $1,500,000,000 of the +amount provided under this heading in this Act shall be for grants to +or cooperative agreements with States, localities, territories, tribes, +tribal organizations, urban Indian health organizations, or health +service providers to tribes, including to carry out surveillance, +epidemiology, laboratory capacity, infection control, mitigation, +communications, and other preparedness and response activities: +Provided further, That every grantee that received a Public Health +Emergency Preparedness grant for fiscal year 2019 shall receive not +less than 100 percent of that grant level from funds provided in the +first proviso under this heading in this Act: Provided further, That +of the amount in the first proviso, not less than $125,000,000 shall be +allocated to tribes, tribal organizations, urban Indian health +organizations, or health service providers to tribes: Provided +further, That the Director of the Centers for Disease Control and +Prevention (``CDC'') may satisfy the funding thresholds outlined in the +preceding two provisos by making awards through other grant or +cooperative agreement mechanisms: Provided further, That of the amount +provided under this heading in this Act, not less than $500,000,000 +shall be for global disease detection and emergency response: Provided +further, That of the amount provided under this heading in this Act, +not less than $500,000,000 shall be for public health data surveillance +and analytics infrastructure modernization: Provided further, That CDC +shall report to the Committees on Appropriations of the House of +Representatives and the Senate on the development of a public health +surveillance and data collection system for coronavirus within 30 days +of enactment of this Act: Provided further, That of the amount +provided under this heading in this Act, $300,000,000 shall be +transferred to and merged with amounts in the Infectious Diseases Rapid +Response Reserve Fund (``Reserve Fund''), established by section 231 of +division B of Public Law 115-245: Provided further, That the Secretary +of Health and Human Services, in consultation with the Director of the +CDC, shall provide a report to the Committees on Appropriations of the +House of Representatives and the Senate every 14 days, for one year +from the date from any such declaration or determination described in +the third proviso of section 231 of division B of Public Law 115-245, +that details commitment and obligation information for the Reserve Fund +during the prior two weeks, as long as such report would detail +obligations in excess of $5,000,000, and upon the request by such +Committees: Provided further, That funds appropriated under this +heading in this Act may be used for grants for the rent, lease, +purchase, acquisition, construction, alteration, or renovation of non- +federally owned facilities to improve preparedness and response +capability at the State and local level: Provided further, That funds +provided under this heading in this Act may be used for purchase and +insurance of official motor vehicles in foreign countries: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + National Institutes of Health + + national heart, lung, and blood institute + + For an additional amount for ``National Heart, Lung, and Blood +Institute'', $103,400,000, to remain available until September 30, +2024, to prevent, prepare for, and respond to coronavirus, domestically +or internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + national institute of allergy and infectious diseases + + For an additional amount for ``National Institute of Allergy and +Infectious Diseases'', $706,000,000, to remain available until +September 30, 2024, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That not less +than $156,000,000 of the amounts provided under this heading in this +Act shall be provided for the study of, construction of, demolition of, +renovation of, and acquisition of equipment for, vaccine and infectious +diseases research facilities of or used by NIH, including the +acquisition of real property: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + national institute of biomedical imaging and bioengineering + + For an additional amount for ``National Institute of Biomedical +Imaging and Bioengineering'', $60,000,000, to remain available until +September 30, 2024, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + national library of medicine + + For an additional amount for ``National Library of Medicine'', +$10,000,000, to remain available until September 30, 2024, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + national center for advancing translational sciences + + For an additional amount for ``National Center for Advancing +Translational Sciences'', $36,000,000, to remain available until +September 30, 2024, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + office of the director + + For an additional amount for ``Office of the Director'', +$30,000,000, to remain available until September 30, 2024, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That these funds shall be available for the +Common Fund established under section 402A(c)(1) of the PHS Act: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Substance Abuse and Mental Health Services Administration + + health surveillance and program support + + For an additional amount for ``Heath Surveillance and Program +Support'', $425,000,000, to remain available through September 30, +2021, to prevent, prepare for, and respond to coronavirus, domestically +or internationally: Provided, That of the amount appropriated under +this heading in this Act, not less than $250,000,000 is available for +Certified Community Behavioral Health Clinic Expansion Grant program: +Provided further, That of the amount appropriated under this heading in +this Act, not less than $50,000,000 shall be available for suicide +prevention programs: Provided further, That of the amount appropriated +under this heading in this Act, not less than $100,000,000 is available +for activities authorized under section 501(o) of the Public Health +Service Act: Provided further, That of the funding made available +under this heading in this Act, not less than $15,000,000 shall be +allocated to tribes, tribal organizations, urban Indian health +organizations, or health or behavioral health service providers to +tribes: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Centers for Medicare & Medicaid Services + + program management + + For an additional amount for ``Program Management'', $200,000,000, +to remain available through September 30, 2023, to prevent, prepare +for, and respond to coronavirus, domestically and internationally: +Provided, That of the amount appropriated under this heading in this +Act, not less than $100,000,000 shall be available for necessary +expenses of the survey and certification program, prioritizing nursing +home facilities in localities with community transmission of +coronavirus: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Administration for Children and Families + + low income home energy assistance + + For an additional amount for ``Low Income Home Energy Assistance'', +$900,000,000, to remain available through September 30, 2021, to +prevent, prepare for, or respond to coronavirus, domestically or +internationally, for making payments under subsection (b) of section +2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. +8621 et seq.): Provided, That of the amount provided under this +heading in this Act, $225,000,000 shall be allocated as though the +total appropriation for such payments for fiscal year 2020 was less +than $1,975,000,000: Provided further, That section 2607(b)(2)(B) of +such Act (42 U.S.C. 8626(b)(2)(B)) shall not apply to funds made +available under this heading in this Act in fiscal year 2020: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + payments to states for the child care and development block grant + + For an additional amount for ``Payments to States for the Child +Care and Development Block Grant'', $3,500,000,000, to remain available +through September 30, 2021, to prevent, prepare for, and respond to +coronavirus, domestically or internationally, including for federal +administrative expenses, which shall be used to supplement, not +supplant State, Territory, and Tribal general revenue funds for child +care assistance for low-income families within the United States +(including territories) without regard to requirements in sections +658E(c)(3)(D)-(E) or 658G of the Child Care and Development Block Grant +Act: Provided, That funds provided under this heading in this Act may +be used to provide continued payments and assistance to child care +providers in the case of decreased enrollment or closures related to +coronavirus, and to assure they are able to remain open or reopen as +appropriate and applicable: Provided further, That States, +Territories, and Tribes are encouraged to place conditions on payments +to child care providers that ensure that child care providers use a +portion of funds received to continue to pay the salaries and wages of +staff: Provided further, That the Secretary shall remind States that +CCDBG State plans do not need to be amended prior to utilizing existing +authorities in the CCDBG Act for the purposes provided herein: +Provided further, That States, Territories, and Tribes are authorized +to use funds appropriated under this heading in this Act to provide +child care assistance to health care sector employees, emergency +responders, sanitation workers, and other workers deemed essential +during the response to coronavirus by public officials, without regard +to the income eligibility requirements of section 658P(4) of such Act: +Provided further, That funds appropriated under this heading in this +Act shall be available to eligible child care providers under section +658P(6) of the CCDBG Act, even if such providers were not receiving +CCDBG assistance prior to the public health emergency as a result of +the coronavirus, for the purposes of cleaning and sanitation, and other +activities necessary to maintain or resume the operation of programs: +Provided further, That payments made under this heading in this Act may +be obligated in this fiscal year or the succeeding two fiscal years: +Provided further, That funds appropriated under this heading in this +Act may be made available to restore amounts, either directly or +through reimbursement, for obligations incurred to prevent, prepare +for, and respond to coronavirus, domestically or internationally, prior +to the date of enactment of this Act: Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + children and families services programs + + For an additional amount for ``Children and Families Services +Programs'', $1,874,000,000, to remain available through September 30, +2021, to prevent, prepare for, and respond to coronavirus, domestically +or internationally, which shall be used as follows: (1) $1,000,000,000 +for carrying out activities under sections 674 through 679 of the +Community Services Block Grant Act, including for federal +administrative expenses, and of which no part shall be subject to +section 674(b)(3) of such Act: Provided, That to the extent Community +Services Block Grant funds are distributed as grant funds by a State to +an eligible entity as provided under such Act, and have not been +expended by such entity, they shall remain with such entity for +carryover into the next two fiscal years for expenditure by such entity +consistent with program purpose: Provided further, That for services +furnished under such Act during fiscal years 2020 and 2021, States may +apply the last sentence of section 673(2) of such Act by substituting +``200 percent'' for ``125 percent''; (2) $750,000,000 for making +payments under the Head Start Act, including for Federal administrative +expenses, and allocated in an amount that bears the same ratio to such +portion as the number of enrolled children served by the agency +involved bears to the number of enrolled children by all Head Start +agencies: Provided further, That none of the funds appropriated in +this paragraph shall be included in the calculation of the ``base +grant'' in subsequent fiscal years, as such term is defined in sections +640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act: +Provided further, That funds appropriated in this paragraph are not +subject to the allocation requirements of section 640(a) of the Head +Start Act: Provided further, That up to $500,000,000 shall be +available for the purpose of operating supplemental summer programs +through non-competitive grant supplements to existing grantees +determined to be most ready to operate those programs by the Office of +Head Start; (3) $2,000,000 for the National Domestic Violence Hotline +as authorized by section 303(b) of the Family Violence Prevention and +Services Act: Provided further, That the Secretary may make such funds +available for providing hotline services remotely; (4) $45,000,000 for +Family Violence Prevention and Services formula grants as authorized by +section 303(a) of the Family Violence and Prevention and Services Act +with such funds available to grantees without regard to matching +requirements under section 306(c)(4) of such Act: Provided further, +That the Secretary may make such funds available for providing +temporary housing and assistance to victims of family, domestic, and +dating violence; (5) $25,000,000 for carrying out activities under the +Runaway and Homeless Youth Act: Provided further, That such amounts +shall be used to supplement, not supplant, existing funds and shall be +available without regard to matching requirements; (6) $45,000,000 +shall be used for child welfare services as authorized by subpart 1 of +part B of title IV of the Social Security Act (other than sections 426, +427, and 429 of such subpart), with such funds available to grantees +without regard to matching requirements under section 424(a) of that +Act or any applicable reductions in federal financial participation +under section 424(f) of that Act; and (7) $7,000,000 for Federal +administrative expenses: Provided further, That funds appropriated +under this heading in this Act may be made available to restore +amounts, either directly or through reimbursement, for obligations +incurred to prevent, prepare for, and respond to coronavirus, +domestically or internationally, prior to the date of enactment of this +Act: Provided further, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Administration for Community Living + + aging and disability services programs + + For an additional amount for ``Aging and Disability Services +Programs'', $955,000,000, to remain available until September 30, 2021, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That of the amount made available under +this heading in this Act to prevent, prepare for, and respond to +coronavirus, $820,000,000 shall be for activities authorized under the +Older Americans Act of 1965 (``OAA''), including $200,000,000 for +supportive services under part B of title III; $480,000,000 for +nutrition services under subparts 1 and 2 of part C of title III; +$20,000,000 for nutrition services under title VI; $100,000,000 for +support services for family caregivers under part E of title III; and +$20,000,000 for elder rights protection activities, including the long- +term ombudsman program under title VII of such Act: Provided further, +That of the amount made available under this heading in this Act, +$50,000,000 shall be for aging and disability resource centers +authorized in sections 202(b) and 411 of the OAA to prevent, prepare +for, and respond to coronavirus: Provided further, That of the amount +made available under this heading in this Act to prevent, prepare for, +and respond to coronavirus, $85,000,000 shall be available for centers +for independent living that have received grants funded under part C of +chapter I of title VII of the Rehabilitation Act of 1973: Provided +further, That to facilitate State use of funds provided under this +heading in this Act, matching requirements under sections 304(d)(1)(D) +and 373(g)(2) of the OAA shall not apply to funds made available under +this heading in this Act: Provided further, That the transfer +authority under section 308(b)(4)(A) of the OAA shall apply to funds +made available under this heading in this Act by substituting ``100 +percent'' for ``40 percent'': Provided further, That the State Long- +Term Care Ombudsman shall have continuing direct access (or other +access through the use of technology) to residents of long-term care +facilities during any portion of the public health emergency relating +to coronavirus beginning on the date of enactment of this Act and +ending on September 30, 2020, to provide services described in section +712(a)(3)(B) of the OAA: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Office of the Secretary + + public health and social services emergency fund + + (including transfer of funds) + + For an additional amount for ``Public Health and Social Services +Emergency Fund'', $27,014,500,000, to remain available until September +30, 2024, to prevent, prepare for, and respond to coronavirus, +domestically or internationally, including the development of necessary +countermeasures and vaccines, prioritizing platform-based technologies +with U.S.-based manufacturing capabilities, the purchase of vaccines, +therapeutics, diagnostics, necessary medical supplies, as well as +medical surge capacity, addressing blood supply chain, workforce +modernization, telehealth access and infrastructure, initial advanced +manufacturing, novel dispensing, enhancements to the U.S. Commissioned +Corps, and other preparedness and response activities: Provided, That +funds appropriated under this paragraph in this Act may be used to +develop and demonstrate innovations and enhancements to manufacturing +platforms to support such capabilities: Provided further, That the +Secretary of Health and Human Services shall purchase vaccines +developed using funds made available under this paragraph in this Act +to respond to an outbreak or pandemic related to coronavirus in +quantities determined by the Secretary to be adequate to address the +public health need: Provided further, That products purchased by the +Federal government with funds made available under this paragraph in +this Act, including vaccines, therapeutics, and diagnostics, shall be +purchased in accordance with Federal Acquisition Regulation guidance on +fair and reasonable pricing: Provided further, That the Secretary may +take such measures authorized under current law to ensure that +vaccines, therapeutics, and diagnostics developed from funds provided +in this Act will be affordable in the commercial market: Provided +further, That in carrying out the previous proviso, the Secretary shall +not take actions that delay the development of such products: Provided +further, That products purchased with funds appropriated under this +paragraph in this Act may, at the discretion of the Secretary of Health +and Human Services, be deposited in the Strategic National Stockpile +under section 319F-2 of the Public Health Service Act: Provided +further, That of the amount appropriated under this paragraph in this +Act, not more than $16,000,000,000 shall be for the Strategic National +Stockpile under section 319F-2(a) of such Act: Provided further, That +funds appropriated under this paragraph in this Act may be transferred +to, and merged with, the fund authorized by section 319F-4, the Covered +Countermeasure Process Fund, of the Public Health Service Act: +Provided further, That of the amount appropriated under this paragraph +in this Act, not less than $250,000,000 shall be available for grants +to or cooperative agreements with entities that are either grantees or +sub-grantees of the Hospital Preparedness Program authorized in section +319C-2 of the Public Health Service Act or that meet such other +criteria as the Secretary may prescribe, with such awards issued under +such section or section 311 of such Act: Provided further, That of the +amount provided under this paragraph in this Act, not less than +$3,500,000,000 shall be available to the Biomedical Advanced Research +and Development Authority for necessary expenses of manufacturing, +production, and purchase, at the discretion of the Secretary, of +vaccines, therapeutics, diagnostics, and small molecule active +pharmaceutical ingredients, including the development, translation, and +demonstration at scale of innovations in manufacturing platforms: +Provided further, That funds in the previous proviso may be used for +the construction or renovation of U.S.-based next generation +manufacturing facilities, other than facilities owned by the United +States Government: Provided further, That of the amount appropriated +under this paragraph in this Act, funds may be used to reimburse the +Department of Veterans Affairs for expenses incurred by the Veterans +Health Administration to prevent, prepare for, and respond to +coronavirus, and to provide medical care for such purposes to +individuals not otherwise eligible for care: Provided further, That +funds used for the preceding proviso shall be made available to +reimburse the Department of Veterans Affairs only if the Secretary of +Health and Human Services certifies to the Committees on Appropriations +of the House of Representatives and the Senate that funds available for +assignments under Public Law 93-288, as amended, are insufficient and +such funds are necessary to reimburse the Department of Veterans +Affairs for expenses incurred to provide health care to civilians: +Provided further, That the Secretary shall notify the Committees on +Appropriations of the House of Representatives and the Senate not less +than 3 days prior to such certification: Provided further, That of the +amounts appropriated under this paragraph in this Act, not more than +$289,000,000 may be transferred as necessary to other federal agencies +for necessary expenses related to medical care that are incurred to +prevent, prepare for, and respond to coronavirus for persons eligible +for treatment pursuant to section 322 of the Public Health Service Act, +as amended, as determined by the Secretary of the recipient agency: +Provided further, That of the amount appropriated under this paragraph +in this Act, $1,500,000 shall be available for the Secretary to enter +into an agreement with the National Academies of Sciences, Engineering, +and Medicine not later than 60 days after the date of enactment of this +Act to examine, and, in a manner that does not compromise national +security, report on, the security of the United States medical product +supply chain: Provided further, That funds appropriated under this +paragraph in this Act may be used for grants for the construction, +alteration, or renovation of non-federally owned facilities to improve +preparedness and response capability at the State and local level: +Provided further, That funds appropriated under this paragraph in this +Act may be used for the construction, alteration, or renovation of non- +federally owned facilities for the production of vaccines, +therapeutics, and diagnostics where the Secretary determines that such +a contract is necessary to secure sufficient amounts of such supplies: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + For an additional amount for the ``Public Health and Social +Services Emergency Fund'', $275,000,000, to remain available until +September 30, 2022, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That +$90,000,000 of the funds appropriated under this paragraph shall be +transferred to ``Health Resources and Services Administration--Ryan +White HIV/AIDS Program'' to remain available until September 30, 2022 +for modifications to existing contracts, and supplements to existing +grants and cooperative agreements under parts A, B, C, D, and section +2692(a) of title XXVI of the Public Health Service Act (referred to as +``PHS'' Act) to respond to coronavirus, domestically or +internationally: Provided further, That supplements made in the +preceding proviso shall be awarded using a data-driven methodology +determined by the Secretary: Provided further, That sections 2604(c), +2612(b), and 2651(c) of the PHS Act shall not apply to funds under this +paragraph: Provided further, That $5,000,000 of the funds appropriated +under this paragraph shall be transferred to ``Health Resources and +Services Administration--Health Care Systems'' to remain available +until September 30, 2022, for activities under sections 1271 and 1273 +of the PHS Act to improve the capacity of poison control centers to +respond to increased calls: Provided further, That $180,000,000 of the +funds appropriated under this paragraph shall be transferred to +``Health Resources and Services Administration--Rural Health'' to +remain available until September 30, 2022, to carry out telehealth and +rural health activities under sections 330A and 330I of the PHS Act and +sections 711 and 1820 of the Social Security Act to prevent, prepare +for, and respond to coronavirus, domestically or internationally: +Provided further, That of the funding in the previous proviso, no less +than $15,000,000 shall be allocated to tribes, tribal organizations, +urban Indian health organizations, or health service providers to +tribes: Provided further, That section 1820(g)(3)(A), section +1820(g)(3)(D) and section 1820(g)(3)(E) of such Act shall not apply to +funds in the preceding two provisos: Provided further, That funds +appropriated under this heading in this Act may be made available to +restore amounts, either directly or through reimbursement, for +obligations incurred to prevent, prepare for, and respond to +coronavirus, domestically or internationally, prior to the date of +enactment of this Act: Provided further, That for the purposes of any +funding provided for fiscal year 2020 for the Health Centers Program +pursuant to section 330 of the PHS Act (42 U.S.C. 254b), maintaining or +increasing health center capacity and staffing levels during a public +health emergency related to coronavirus shall be deemed a cost of +prevention, diagnosis, and treatment of coronavirus: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + For an additional amount for ``Public Health and Social Services +Emergency Fund'', $100,000,000,000, to remain available until expended, +to prevent, prepare for, and respond to coronavirus, domestically or +internationally, for necessary expenses to reimburse, through grants or +other mechanisms, eligible health care providers for health care +related expenses or lost revenues that are attributable to coronavirus: + Provided, That these funds may not be used to reimburse expenses or +losses that have been reimbursed from other sources or that other +sources are obligated to reimburse: Provided further, That recipients +of payments under this paragraph shall submit reports and maintain +documentation as the Secretary determines are needed to ensure +compliance with conditions that are imposed by this paragraph for such +payments, and such reports and documentation shall be in such form, +with such content, and in such time as the Secretary may prescribe for +such purpose: Provided further, That ``eligible health care +providers'' means public entities, Medicare or Medicaid enrolled +suppliers and providers, and such for-profit entities and not-for- +profit entities not otherwise described in this proviso as the +Secretary may specify, within the United States (including +territories), that provide diagnoses, testing, or care for individuals +with possible or actual cases of COVID-19: Provided further, That the +Secretary of Health and Human Services shall, on a rolling basis, +review applications and make payments under this paragraph in this Act: + Provided further, That funds appropriated under this paragraph in this +Act shall be available for building or construction of temporary +structures, leasing of properties, medical supplies and equipment +including personal protective equipment and testing supplies, increased +workforce and trainings, emergency operation centers, retrofitting +facilities, and surge capacity: Provided further, That, in this +paragraph, the term ``payment'' means a pre-payment, prospective +payment, or retrospective payment, as determined appropriate by the +Secretary: Provided further, That payments under this paragraph shall +be made in consideration of the most efficient payment systems +practicable to provide emergency payment: Provided further, That to be +eligible for a payment under this paragraph, an eligible health care +provider shall submit to the Secretary of Health and Human Services an +application that includes a statement justifying the need of the +provider for the payment and the eligible health care provider shall +have a valid tax identification number: Provided further, That, not +later than 3 years after final payments are made under this paragraph, +the Office of Inspector General of the Department of Health and Human +Services shall transmit a final report on audit findings with respect +to this program to the Committees on Appropriations of the House of +Representatives and the Senate: Provided further, That nothing in this +section limits the authority of the Inspector General or the +Comptroller General to conduct audits of interim payments at an earlier +date: Provided further, That not later than 60 days after the date of +enactment of this Act, the Secretary of Health and Human Services shall +provide a report to the Committees on Appropriations of the House of +Representatives and the Senate on obligation of funds, including +obligations to such eligible health care providers summarized by State +of the payment receipt: Provided further, That such reports shall be +updated and submitted to such Committees every 60 days until funds are +expended: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + DEPARTMENT OF EDUCATION + + education stabilization fund + + For an additional amount for ``Education Stabilization Fund'', +$30,750,000,000, to remain available through September 30, 2021, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + General Provisions + + education stabilization fund + + Sec. 18001. (a) Allocations.--From the amount made available under +this heading in this Act to carry out the Education Stabilization Fund, +the Secretary shall first allocate-- + (1) not more than 1/2 of 1 percent to the outlying areas on the + basis of their respective needs, as determined by the Secretary, in + consultation with the Secretary of the Interior; + (2) one-half of 1 percent for the Secretary of Interior, in + consultation with the Secretary of Education, for programs operated + or funded by the Bureau of Indian Education; and + (3) 1 percent for grants to States with the highest coronavirus + burden to support activities under this heading in this Act, for + which the Secretary shall issue a notice inviting applications not + later than 30 days of enactment of this Act and approve or deny + applications not later than 30 days after receipt. + (b) Reservations.--After carrying out subsection (a), the Secretary +shall reserve the remaining funds made available as follows: + (1) 9.8 percent to carry out section 18002 of this title. + (2) 43.9 percent to carry out section 18003 of this title. + (3) 46.3 percent to carry out section 18004 of this title. + + governor's emergency education relief fund + + Sec. 18002. (a) Grants.--From funds reserved under section +18001(b)(1) of this title, the Secretary shall make Emergency Education +Relief grants to the Governor of each State with an approved +application. The Secretary shall issue a notice inviting applications +not later than 30 days of enactment of this Act and shall approve or +deny applications not later than 30 days after receipt. + (b) Allocations.--The amount of each grant under subsection (a) +shall be allocated by the Secretary to each State as follows: + (1) 60 percent on the basis of their relative population of + individuals aged 5 through 24. + (2) 40 percent on the basis of their relative number of + children counted under section 1124(c) of the Elementary and + Secondary Education Act of 1965 (referred to under this heading as + ``ESEA''). + (c) Uses of Funds.--Grant funds awarded under subsection (b) may be +used to-- + (1) provide emergency support through grants to local + educational agencies that the State educational agency deems have + been most significantly impacted by coronavirus to support the + ability of such local educational agencies to continue to provide + educational services to their students and to support the on-going + functionality of the local educational agency; + (2) provide emergency support through grants to institutions of + higher education serving students within the State that the + Governor determines have been most significantly impacted by + coronavirus to support the ability of such institutions to continue + to provide educational services and support the on-going + functionality of the institution; and + (3) provide support to any other institution of higher + education, local educational agency, or education related entity + within the State that the Governor deems essential for carrying out + emergency educational services to students for authorized + activities described in section 18003(d)(1) of this title or the + Higher Education Act, the provision of child care and early + childhood education, social and emotional support, and the + protection of education-related jobs. + (d) Reallocation.--Each Governor shall return to the Secretary any +funds received under this section that the Governor does not award +within one year of receiving such funds and the Secretary shall +reallocate such funds to the remaining States in accordance with +subsection (b). + + elementary and secondary school emergency relief fund + + Sec. 18003. (a) Grants.--From funds reserved under section +18001(b)(2) of this title, the Secretary shall make elementary and +secondary school emergency relief grants to each State educational +agency with an approved application. The Secretary shall issue a notice +inviting applications not later than 30 days of enactment of this Act +and approve or deny applications not later than 30 days after receipt. + (b) Allocations to States.--The amount of each grant under +subsection (a) shall be allocated by the Secretary to each State in the +same proportion as each State received under part A of title I of the +ESEA of 1965 in the most recent fiscal year. + (c) Subgrants to Local Educational Agencies.--Each State shall +allocate not less than 90 percent of the grant funds awarded to the +State under this section as subgrants to local educational agencies +(including charter schools that are local educational agencies) in the +State in proportion to the amount of funds such local educational +agencies and charter schools that are local educational agencies +received under part A of title I of the ESEA of 1965 in the most recent +fiscal year. + (d) Uses of Funds.--A local educational agency that receives funds +under this title may use the funds for any of the following: + (1) Any activity authorized by the ESEA of 1965, including the + Native Hawaiian Education Act and the Alaska Native Educational + Equity, Support, and Assistance Act (20 U.S.C. 6301 et seq.), the + Individuals with Disabilities Education Act (20 U.S.C. 1400 et + seq.) (``IDEA''), the Adult Education and Family Literacy Act (20 + U.S.C. 1400 et seq.), the Carl D. Perkins Career and Technical + Education Act of 2006 (20 U.S.C. 2301 et seq.) (``the Perkins + Act''), or subtitle B of title VII of the McKinney-Vento Homeless + Assistance Act (42 U.S.C. 11431 et seq.). + (2) Coordination of preparedness and response efforts of local + educational agencies with State, local, Tribal, and territorial + public health departments, and other relevant agencies, to improve + coordinated responses among such entities to prevent, prepare for, + and respond to coronavirus. + (3) Providing principals and others school leaders with the + resources necessary to address the needs of their individual + schools. + (4) Activities to address the unique needs of low-income + children or students, children with disabilities, English learners, + racial and ethnic minorities, students experiencing homelessness, + and foster care youth, including how outreach and service delivery + will meet the needs of each population. + (5) Developing and implementing procedures and systems to + improve the preparedness and response efforts of local educational + agencies. + (6) Training and professional development for staff of the + local educational agency on sanitation and minimizing the spread of + infectious diseases. + (7) Purchasing supplies to sanitize and clean the facilities of + a local educational agency, including buildings operated by such + agency. + (8) Planning for and coordinating during long-term closures, + including for how to provide meals to eligible students, how to + provide technology for online learning to all students, how to + provide guidance for carrying out requirements under the + Individuals with Disabilities Education Act (20 U.S.C. 1401 et + seq.) and how to ensure other educational services can continue to + be provided consistent with all Federal, State, and local + requirements. + (9) Purchasing educational technology (including hardware, + software, and connectivity) for students who are served by the + local educational agency that aids in regular and substantive + educational interaction between students and their classroom + instructors, including low-income students and students with + disabilities, which may include assistive technology or adaptive + equipment. + (10) Providing mental health services and supports. + (11) Planning and implementing activities related to summer + learning and supplemental afterschool programs, including providing + classroom instruction or online learning during the summer months + and addressing the needs of low-income students, students with + disabilities, English learners, migrant students, students + experiencing homelessness, and children in foster care. + (12) Other activities that are necessary to maintain the + operation of and continuity of services in local educational + agencies and continuing to employ existing staff of the local + educational agency. + (e) State Funding.--With funds not otherwise allocated under +subsection (c), a State may reserve not more than 1/2 of 1 percent for +administrative costs and the remainder for emergency needs as +determined by the state educational agency to address issues responding +to coronavirus, which may be addressed through the use of grants or +contracts. + (f) Reallocation.--A State shall return to the Secretary any funds +received under this section that the State does not award within 1 year +of receiving such funds and the Secretary shall reallocate such funds +to the remaining States in accordance with subsection (b). + + higher education emergency relief fund + + Sec. 18004. (a) In General.--The Secretary shall allocate funding +under this section as follows: + (1) 90 percent to each institution of higher education to + prevent, prepare for, and respond to coronavirus, by apportioning + it-- + (A) 75 percent according to the relative share of full-time + equivalent enrollment of Federal Pell Grant recipients who are + not exclusively enrolled in distance education courses prior to + the coronavirus emergency; and + (B) 25 percent according to the relative share of full-time + equivalent enrollment of students who were not Federal Pell + Grant recipients who are not exclusively enrolled in distance + education courses prior to the coronavirus emergency. + (2) 7.5 percent for additional awards under parts A and B of + title III, parts A and B of title V, and subpart 4 of part A of + title VII of the Higher Education Act to address needs directly + related to coronavirus, that shall be in addition to awards made in + section 18004(a)(1) of this title, and allocated by the Secretary + proportionally to such programs based on the relative share of + funding appropriated to such programs in the Further Consolidated + Appropriations Act, 2020 (Public Law 116-94) and which may be used + to defray expenses (including lost revenue, reimbursement for + expenses already incurred, technology costs associated with a + transition to distance education, faculty and staff trainings, + payroll) incurred by institutions of higher education and for + grants to students for any component of the student's cost of + attendance (as defined under section 472 of the Higher Education + Act), including food, housing, course materials, technology, health + care, and child care. + (3) 2.5 percent for part B of title VII of the Higher Education + Act for institutions of higher education that the Secretary + determines have the greatest unmet needs related to coronavirus, + which may be used to defray expenses (including lost revenue, + reimbursement for expenses already incurred, technology costs + associated with a transition to distance education, faculty and + staff trainings, payroll) incurred by institutions of higher + education and for grants to students for any component of the + student's cost of attendance (as defined under section 472 of the + Higher Education Act), including food, housing, course materials, + technology, health care, and child care. + (b) Distribution.--The funds made available to each institution +under subsection (a)(1) shall be distributed by the Secretary using the +same systems as the Secretary otherwise distributes funding to each +institution under title IV of the Higher Education Act of 1965 (20 +U.S.C. 1001 et seq.). + (c) Uses of Funds.--Except as otherwise specified in subsection +(a), an institution of higher education receiving funds under this +section may use the funds received to cover any costs associated with +significant changes to the delivery of instruction due to the +coronavirus, so long as such costs do not include payment to +contractors for the provision of pre-enrollment recruitment activities; +endowments; or capital outlays associated with facilities related to +athletics, sectarian instruction, or religious worship. Institutions of +higher education shall use no less than 50 percent of such funds to +provide emergency financial aid grants to students for expenses related +to the disruption of campus operations due to coronavirus (including +eligible expenses under a student's cost of attendance, such as food, +housing, course materials, technology, health care, and child care). + (d) Special Provisions.--(1) In awarding grants under section +18004(a)(3) of this title, the Secretary shall give priority to any +institution of higher education that is not otherwise eligible for +funding under paragraphs (1) and (2) of section 18004(a) of this title +of at least $500,000 and demonstrates significant unmet needs related +to expenses associated with coronavirus. + (2) A Historically Black College and University or a Minority +Serving Institution may use prior awards provided under titles III, V, +and VII of the Higher Education Act to prevent, prepare for, and +respond to coronavirus. + (e) Report.--An institution receiving funds under this section +shall submit a report to the Secretary, at such time and in such manner +as the Secretary may require, that describes the use of funds provided +under this section. + + assistance to non-public schools + + Sec. 18005. (a) In General.--A local educational agency receiving +funds under sections 18002 or 18003 of this title shall provide +equitable services in the same manner as provided under section 1117 of +the ESEA of 1965 to students and teachers in non-public schools, as +determined in consultation with representatives of non-public schools. + (b) Public Control of Funds.--The control of funds for the services +and assistance provided to a non-public school under subsection (a), +and title to materials, equipment, and property purchased with such +funds, shall be in a public agency, and a public agency shall +administer such funds, materials, equipment, and property and shall +provide such services (or may contract for the provision of such +services with a public or private entity). + + continued payment to employees + + Sec. 18006. A local educational agency, State, institution of +higher education, or other entity that receives funds under ``Education +Stabilization Fund'', shall to the greatest extent practicable, +continue to pay its employees and contractors during the period of any +disruptions or closures related to coronavirus. + + definitions + + Sec. 18007. Except as otherwise provided in sections 18001-18006 +of this title, as used in such sections-- + (1) the terms ``elementary education'' and ``secondary + education'' have the meaning given such terms under State law; + (2) the term ``institution of higher education'' has the + meaning given such term in title I of the Higher Education Act of + 1965 (20 U.S.C. 1001 et seq.); + (3) the term ``Secretary'' means the Secretary of Education; + (4) the term ``State'' means each of the 50 States, the + District of Columbia, and the Commonwealth of Puerto Rico; + (5) the term ``cost of attendance'' has the meaning given such + term in section 472 of the Higher Education Act of 1965. + (6) the term ``Non-public school'' means a non-public + elementary and secondary school that (A) is accredited, licensed, + or otherwise operates in accordance with State law; and (B) was in + existence prior to the date of the qualifying emergency for which + grants are awarded under this section; + (7) the term ``public school'' means a public elementary or + secondary school; and + (8) any other term used that is defined in section 8101 of the + Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) + shall have the meaning given the term in such section. + + maintenance of effort + + Sec. 18008. (a) A State's application for funds to carry out +sections 18002 or 18003 of this title shall include assurances that the +State will maintain support for elementary and secondary education, and +State support for higher education (which shall include State funding +to institutions of higher education and state need-based financial aid, +and shall not include support for capital projects or for research and +development or tuition and fees paid by students) in fiscal years 2020 +and 2021 at least at the levels of such support that is the average of +such State's support for elementary and secondary education and for +higher education provided in the 3 fiscal years preceding the date of +enactment of this Act. + (b) The secretary may waive the requirement in subsection (a) for +the purpose of relieving fiscal burdens on States that have experienced +a precipitous decline in financial resources. + + safe schools and citizenship education + + For an additional amount for ``Safe Schools and Citizenship +Education'', $100,000,000, to remain available through September 30, +2021, to prevent, prepare for, and respond to coronavirus, domestically +or internationally, to supplement funds otherwise available for +``Project SERV'', including to help elementary, secondary and +postsecondary schools clean and disinfect affected schools, and assist +in counseling and distance learning and associated costs: Provided, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + gallaudet university + + For an additional amount for ``Gallaudet University'', $7,000,000, +to remain available through September 30, 2021, to prevent, prepare +for, and respond to coronavirus, domestically or internationally, +including to help defray the expenses directly caused by coronavirus +and to enable grants to students for expenses directly related to +coronavirus and the disruption of university operations: Provided, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Student Aid Administration + + For an additional amount for ``Student Aid Administration'', +$40,000,000, to remain available through September 30, 2021, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, for carrying out part D of title I, and subparts 1, 3, +9 and 10 of part A, and parts B, C, D, and E of title IV of the HEA, +and subpart 1 of part A of title VII of the Public Health Service Act: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Howard University + + For an additional amount for ``Howard University'', $13,000,000, to +remain available through September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally, including +to help defray the expenses directly caused by coronavirus and to +enable grants to students for expenses directly related to coronavirus +and the disruption of university operations: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Departmental Management + + program administration + + For an additional amount for ``Program Administration'', +$8,000,000, to remain available through September 30, 2021 to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + office of the inspector general + + For an additional amount for ``Office of the Inspector General'', +$7,000,000, to remain available through September 30, 2022, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including for salaries and expenses necessary for +oversight and audit of programs, grants, and projects funded in this +Act to respond to coronavirus: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Corporation for Public Broadcasting + + For an additional amount for ``Corporation for Public +Broadcasting'', $75,000,000, to remain available through September 30, +2021, to prevent, prepare for, and respond to coronavirus, including +for fiscal stabilization grants to public telecommunications entities, +as defined by 47 U.S.C. 397(12), with no deduction for administrative +or other costs of the Corporation, to maintain programming and services +and preserve small and rural stations threatened by declines in non- +Federal revenues: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Institute of Museum and Library Services + + office of museum and library services: grants and administration + + For an additional amount for ``Institute of Museum and Library +Services'', $50,000,000, to remain available until September 30, 2021, +to prevent, prepare for, and respond to coronavirus, including grants +to States, territories and tribes to expand digital network access, +purchase internet accessible devices, and provide technical support +services: Provided, That any matching funds requirements for States, +tribes, libraries, and museums are waived for grants provided with +funds made available under this heading in this Act: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Railroad Retirement Board + + limitation on administration + + For an additional amount for the ``Railroad Retirement Board'', +$5,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, including the purchase of +information technology equipment to improve the mobility of the +workforce and provide for additional hiring or overtime hours as needed +to administer the Railroad Unemployment Insurance Act: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Social Security Administration + + limitation on administrative expenses + + For an additional amount for ``Limitation on Administrative +Expenses'', $300,000,000, to remain available through September 30, +2021 to prevent, prepare for, and respond to coronavirus, domestically +or internationally, including paying the salaries and benefits of all +employees affected as a result of office closures, telework, phone and +communication services for employees, overtime costs, and supplies, and +for resources necessary for processing disability and retirement +workloads and backlogs: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + (including transfer of funds) + + Sec. 18108. Funds appropriated by this title may be used by the +Secretary of the Department of Health and Human Services to appoint, +without regard to the provisions of sections 3309 through 3319 of title +5 of the United States Code, candidates needed for positions to perform +critical work relating to coronavirus for which-- + (1) public notice has been given; and + (2) the Secretary of Health and Human Services has determined + that such a public health threat exists. + Sec. 18109. Funds made available by this title may be used to +enter into contracts with individuals for the provision of personal +services (as described in section 104 of part 37 of title 48, Code of +Federal Regulations (48 CFR 37.104)) to support the prevention of, +preparation for, or response to coronavirus, domestically and +internationally, subject to prior notification to the Committees on +Appropriations of the House of Representatives and the Senate: +Provided, That such individuals may not be deemed employees of the +United States for the purpose of any law administered by the Office of +Personnel Management: Provided further, That the authority made +available pursuant to this section shall expire on September 30, 2024. + Sec. 18110. (a) If services performed by an employee during fiscal +year 2020 are determined by the head of the agency to be primarily +related to preparation, prevention, or response to coronavirus, any +premium pay for such services shall be disregarded in calculating the +aggregate of such employee's basic pay and premium pay for purposes of +a limitation under section 5547(a) of title 5, United States Code, or +under any other provision of law, whether such employee's pay is paid +on a biweekly or calendar year basis. + (b) Any overtime pay for such services shall be disregarded in +calculating any annual limit on the amount of overtime pay payable in a +calendar or fiscal year. + (c) With regard to such services, any pay that is disregarded under +either subsection (a) or (b) shall be disregarded in calculating such +employee's aggregate pay for purposes of the limitation in section 5307 +of such title 5. + (d)(1) Pay that is disregarded under subsection (a) or (b) shall +not cause the aggregate of the employee's basic pay and premium pay for +the applicable calendar year to exceed the rate of basic pay payable +for a position at level II of the Executive Schedule under section 5313 +of title 5, United States Code, as in effect at the end of such +calendar year. + (2) For purposes of applying this subsection to an employee who +would otherwise be subject to the premium pay limits established under +section 5547 of title 5, United States Code, ``premium pay'' means the +premium pay paid under the provisions of law cited in section 5547(a). + (3) For purposes of applying this subsection to an employee under a +premium pay limit established under an authority other than section +5547 of title 5, United States Code, the agency responsible for +administering such limit shall determine what payments are considered +premium pay. + (e) This section shall take effect as if enacted on February 2, +2020. + (f) If application of this section results in the payment of +additional premium pay to a covered employee of a type that is normally +creditable as basic pay for retirement or any other purpose, that +additional pay shall not-- + (1) be considered to be basic pay of the covered employee for + any purpose; or + (2) be used in computing a lump-sum payment to the covered + employee for accumulated and accrued annual leave under section + 5551 or section 5552 of title 5, United States Code. + Sec. 18111. Funds appropriated by this title to the heading +``Department of Health and Human Services'' may be transferred to, and +merged with, other appropriation accounts under the headings ``Centers +for Disease Control and Prevention'', ``Public Health and Social +Services Emergency Fund'', ``Administration for Children and +Families'', ``Administration for Community Living'', and ``National +Institutes of Health'' to prevent, prepare for, and respond to +coronavirus following consultation with the Office of Management and +Budget: Provided, That the Committees on Appropriations of the House +of Representatives and the Senate shall be notified 10 days in advance +of any such transfer: Provided further, That, upon a determination +that all or part of the funds transferred from an appropriation by this +title are not necessary, such amounts may be transferred back to that +appropriation: Provided further, That none of the funds made available +by this title may be transferred pursuant to the authority in section +205 of division A of Public Law 116-94 or section 241(a) of the PHS +Act. + Sec. 18112. Not later than 30 days after the date of enactment of +this Act, the Secretary of Health and Human Services shall provide a +detailed spend plan of anticipated uses of funds made available to the +Department of Health and Human Services in this Act, including +estimated personnel and administrative costs, to the Committees on +Appropriations of the House of Representatives and the Senate: +Provided, That such plans shall be updated and submitted to such +Committees every 60 days until September 30, 2024: Provided further, +That the spend plans shall be accompanied by a listing of each contract +obligation incurred that exceeds $5,000,000 which has not previously +been reported, including the amount of each such obligation. + Sec. 18113. Of the funds appropriated by this title under the +heading ``Public Health and Social Services Emergency Fund'', up to +$4,000,000 shall be transferred to, and merged with, funds made +available under the heading ``Office of the Secretary, Office of +Inspector General'', and shall remain available until expended, for +oversight of activities supported with funds appropriated to the +Department of Health and Human Services to prevent, prepare for, and +respond to coronavirus, domestically or internationally: Provided, +That the Inspector General of the Department of Health and Human +Services shall consult with the Committees on Appropriations of the +House of Representatives and the Senate prior to obligating such funds: + Provided further, That the transfer authority provided by this section +is in addition to any other transfer authority provided by law. + Sec. 18114. (a) Funds appropriated in title III of the Coronavirus +Preparedness and Response Supplemental Appropriations Act, 2020 (Public +Law 116-123) shall be paid to the ``Department of Homeland Security-- +Countering Weapons of Mass Destruction Office--Federal +Assistance''account for costs incurred, including to reimburse costs +incurred prior to the enactment of this Act, under other transaction +authority and related to screening for coronavirus, domestically or +internationally. + (b) The term coronavirus has the meaning given the term in section +506 of the Coronavirus Preparedness and Response Supplemental +Appropriations Act, 2020. + (c) The amounts repurposed in this section that were previously +designated by the Congress as an emergency requirement pursuant to the +Balanced Budget and Emergency Deficit Control Act of 1985 are +designated by the Congress as an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + Sec. 18115. (a) In General.--Every laboratory that performs or +analyzes a test that is intended to detect SARS-CoV-2 or to diagnose a +possible case of COVID-19 shall report the results from each such test, +to the Secretary of Health and Human Services in such form and manner, +and at such timing and frequency, as the Secretary may prescribe until +the end of the Secretary's Public Health Emergency declaration with +respect to COVID-19 or any extension of such declaration. + (b) Laboratories Covered.--The Secretary may prescribe which +laboratories must submit reports pursuant to this section. + (c) Implementation.--The Secretary may make prescriptions under +this section by regulation, including by interim final rule, or by +guidance, and may issue such regulations or guidance without regard to +the procedures otherwise required by section 553 of title 5, United +States Code. + (d) Repealer.--Section 1702 of division A of the Families First +Coronavirus Response Act is repealed. + + TITLE IX + + LEGISLATIVE BRANCH + + SENATE + + Contingent Expenses of the Senate + + sergeant at arms and doorkeeper of the senate + + For an additional amount for ``Sergeant at Arms and Doorkeeper of +the Senate'', $1,000,000, to remain available until expended, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + miscellaneous items + + For an additional amount for ``Miscellaneous Items'', $9,000,000, +to remain available until expended, to prevent, prepare for, and +respond to coronavirus, domestically or internationally, subject to +approval by the Committee on Appropriations of the Senate and the +Senate Committee on Rules and Administration: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + HOUSE OF REPRESENTATIVES + + Salaries and Expenses + + For an additional amount for ``Salaries and Expenses'', +$25,000,000, to remain available until September 30, 2021, except that +$5,000,000 shall remain available until expended, to prevent, prepare +for, and respond to coronavirus, domestically or internationally, to be +allocated in accordance with a spend plan submitted to the Committee on +Appropriations of the House of Representatives by the Chief +Administrative Officer and approved by such Committee: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + JOINT ITEMS + + Office of the Attending Physician + + For an additional amount for ``Office of the Attending Physician'', +$400,000, to remain available until expended, to prevent, prepare for, +and respond to coronavirus, domestically or internationally: Provided, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Capitol Police + + salaries + + For an additional amount for ``Salaries'', $12,000,000, to remain +available until September 30, 2021, to prevent, prepare for, and +respond to coronavirus, domestically or internationally: Provided, +That the Capitol Police may transfer amounts appropriated under this +heading in this Act to ``General Expenses'' without the approval +requirement of 2 U.S.C. 1907(a): Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + ARCHITECT OF THE CAPITOL + + Capital Construction and Operations + + For an additional amount for ``Capital Construction and +Operations'', $25,000,000, to remain available until September 30, +2021, to prevent, prepare for, and respond to coronavirus, domestically +or internationally, including to purchase and distribute cleaning and +sanitation products throughout all facilities and grounds under the +care of the Architect of the Capitol, wherever located, and any related +services and operational costs: Provided, That the Architect of the +Capitol shall provide a report within 30 days enactment of this Act, +and every 30 days thereafter, to the Committees on Appropriations of +the Senate and House of Representatives, the Senate Committee on Rules +and Administration, and the Committee on House Administration on +expenditure of funds from amounts appropriated under this heading in +this Act: Provided further, That this amount shall be in addition to +any other funds available for such purposes in appropriations Acts for +the legislative branch: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + LIBRARY OF CONGRESS + + Salaries and Expenses + + For an additional amount for ``Salaries and Expenses'', $700,000, +to remain available until September 30, 2020, to prevent, prepare for, +and respond to coronavirus, domestically or internationally, to be made +available to the Little Scholars Child Development Center, subject to +approval by the Committees on Appropriations of the Senate and House of +Representatives, the Senate Committee on Rules and Administration, and +the Committee on House Administration: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + GOVERNMENT ACCOUNTABILITY OFFICE + + Salaries and Expenses + + For an additional amount for ``Salaries and Expenses'', +$20,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus, domestically or internationally, for +audits and investigations and for reimbursement of the Tiny Findings +Child Development Center for salaries for employees, as authorized by +this Act: Provided, That not later than 90 days after the date of +enactment of this Act, the Government Accountability Office shall +submit to the Committees on Appropriations of the House of +Representatives and the Senate a spend plan specifying funding +estimates and a timeline for such audits and investigations: Provided +further, That $600,000 shall be made available to the Tiny Findings +Child Development Center, subject to approval by the Committees on +Appropriations of the Senate and House of Representatives, the Senate +Committee on Rules and Administration, and the Committee on House +Administration: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + + source of funds used for payment of salaries and expenses of senate + employee child care center + + Sec. 19001. The Secretary of the Senate shall reimburse the Senate +Employee Child Care Center for personnel costs incurred starting on +April 1, 2020, for employees of such Center who have been ordered to +cease working due to measures taken in the Capitol complex to combat +coronavirus, not to exceed $84,000 per month, from amounts in the +appropriations account ``Miscellaneous Items'' within the contingent +fund of the Senate. + + + source of funds used for payment of salaries and expenses of house of + representatives child care center + + Sec. 19002. (a) Authorizing Use of Revolving Fund or Appropriated +Funds.--Section 312(d)(3)(A) of the Legislative Branch Appropriations +Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is amended-- + (1) in subparagraph (A), by striking the period at the end and + inserting the following: ``, and, at the option of the Chief + Administrative Officer during an emergency situation, the payment + of the salary of other employees of the Center.''; and + (2) by adding at the end the following new subparagraph: + ``(C) During an emergency situation, the payment of such + other expenses for activities carried out under this section as + the Chief Administrative Officer determines appropriate.''. + (b) Effective Date.--The amendment made by subsection (a) shall +apply with respect to fiscal year 2020 and each succeeding fiscal year. + + + payments to ensure continuing availability of goods and services + during the coronavirus emergency + + Sec. 19003. (a) Authorization to Make Payments.--Notwithstanding +any other provision of law and subject to subsection (b), during an +emergency situation, the Chief Administrative Officer of the House of +Representatives may make payments under contracts with vendors +providing goods and services to the House in amounts and under terms +and conditions other than those provided under the contract in order to +ensure that those goods and services remain available to the House +throughout the duration of the emergency. + (b) Conditions.-- + (1) Approval required.--The Chief Administrative Officer may + not make payments under the authority of subsection (a) without the + approval of the Committee on House Administration of the House of + Representatives. + (2) Availability of appropriations.--The authority of the Chief + Administrative Officer to make payments under the authority of + subsection (a) is subject to the availability of appropriations to + make such payments. + (c) Applicability.--This section shall apply with respect to fiscal +year 2020 and each succeeding fiscal year. + + + source of funds used for payment of salaries and expenses of little + scholars child development center + + Sec. 19004. The Library of Congress shall reimburse Little +Scholars Child Development Center for salaries for employees incurred +from April 1, 2020, to September 30, 2020, for employees of such Center +who have been ordered to cease working due to measures taken in the +Capitol complex to combat coronavirus, not to exceed $113,000 per +month, from amounts in the appropriations account ``Library of +Congress--Salaries and Expenses''. + + + authorizing payments under service contracts during the coronavirus + emergency + + Sec. 19005. (a) Authorizing Payments.--Notwithstanding section +3324(a) of title 31, United States Code, or any other provision of law +and subject to subsection (b), if the employees of a contractor with a +service contract with the Architect of the Capitol are furloughed or +otherwise unable to work during closures, stop work orders, or +reductions in service arising from or related to the impacts of +coronavirus, the Architect of the Capitol may continue to make the +payments provided for under the contract for the weekly salaries and +benefits of such employees for not more than 16 weeks. + (b) Availability of Appropriations.--The authority of the Architect +of the Capitol to make payments under the authority of subsection (a) +is subject to the availability of appropriations to make such payments. + (c) Regulations.--The Architect of the Capitol shall promulgate +such regulations as may be necessary to carry out this section. + + + mass mailings as franked mail + + Sec. 19006. (a) Waiver.--Section 3210(a)(6)(D) of title 39, United +States Code, is amended by striking the period at the end of the first +sentence and inserting the following: ``, and in the case of the +Commission, to waive this paragraph in the case of mailings sent in +response to or to address threats to life safety.''. + (b) Effective Date.--The amendments made by this subsection shall +apply with respect to mailings sent on or after the date of the +enactment of this Act. + + + technical correction + + Sec. 19007. In the matter preceding the first proviso under the +heading ``Library of Congress--Salaries and Expenses'' in division E of +the Further Consolidated Appropriations Act, 2020 (Public Law 116-94), +strike `` $504,164,000'' and insert `` $510,164,000''. + + conforming amendment + + Sec. 19008. Section 110(a)(1)(A) of the Family and Medical Leave +Act of 1993 (as added by section 3102 of the Families First Coronavirus +Response Act (Public Law 116-127)) is amended-- + (1) by inserting before ``In lieu of'' the following: + ``(i) In general.--''; and + (2) by adding at the end the following: + ``(ii) Special rule.--For purposes of applying section + 102(a)(1)(F) and this section under the Congressional + Accountability Act of 1995, in lieu of the definition in + section 202(a)(2)(B) of that Act (2 U.S.C. 1312(a)(2)(B)), + the term `eligible employee' means a covered employee (as + defined in section 101 of that Act (2 U.S.C. 1301)) who has + been employed for at least 30 calendar days by the + employing office (as so defined) with respect to whom leave + is requested under section 102(a)(1)(F).''. + + source of funds used for payment of salaries and expenses of tiny + findings child development center + + Sec. 19009. The Government Accountability Office may reimburse the +Tiny Findings Child Development Center for salaries for employees +incurred from April 1, 2020, to September 30, 2020, for employees of +such Center who have been ordered to cease working due to measures +taken in the Capitol complex to combat coronavirus, not to exceed +$100,000 per month, from amounts in the appropriations account +``Government Accountability Office--Salaries and Expenses''. + + + oversight and audit authority + + Sec. 19010. (a) Definitions.--In this section-- + (1) the term ``appropriate congressional committees'' means-- + (A) the Committee on Appropriations of the Senate; + (B) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (C) the Committee on Health, Education, Labor, and Pensions + of the Senate; + (D) the Committee on Appropriations of the House of + Representatives; + (E) the Committee on Homeland Security of the House of + Representatives; + (F) the Committee on Oversight and Reform of the House of + Representatives; and + (G) the Committee on Energy and Commerce of the House of + Representatives; and + (2) the term ``Comptroller General'' means the Comptroller + General of the United States. + (b) Authority.--The Comptroller General shall conduct monitoring +and oversight of the exercise of authorities, or the receipt, +disbursement, and use of funds made available, under this Act or any +other Act to prepare for, respond to, and recover from the Coronavirus +2019 pandemic and the effect of the pandemic on the health, economy, +and public and private institutions of the United States, including +public health and homeland security efforts by the Federal Government +and the use of selected funds under this or any other Act related to +the Coronavirus 2019 pandemic and a comprehensive audit and review of +charges made to Federal contracts pursuant to authorities provided in +the Coronavirus Aid, Relief, and Economic Security Act. + (c) Briefings and Reports.--In conducting monitoring and oversight +under subsection (b), the Comptroller General shall-- + (1) during the period beginning on the date of enactment of + this Act and ending on the date on which the national emergency + declared by the President under the National Emergencies Act (50 + U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 + (COVID-19) expires, offer regular briefings on not less frequently + than a monthly basis to the appropriate congressional committees + regarding Federal public health and homeland security efforts; + (2) publish reports regarding the ongoing monitoring and + oversight efforts, which, along with any audits and investigations + conducted by the Comptroller General, shall be submitted to the + appropriate congressional committees and posted on the website of + the Government Accountability Office-- + (A) not later than 90 days after the date of enactment of + this Act, and every other month thereafter until the date that + is 1 year after the date of enactment of this Act; and + (B) after the period described in subparagraph (A), on a + periodic basis; and + (3) submit to the appropriate congressional committees + additional reports as warranted by the findings of the monitoring + and oversight activities of the Comptroller General. + (d) Access to Information.-- + (1) Right of access.--In conducting monitoring and oversight + activities under this section, the Comptroller General shall have + access to records, upon request, of any Federal, State, or local + agency, contractor, grantee, recipient, or subrecipient pertaining + to any Federal effort or assistance of any type related to the + Coronavirus 2019 pandemic under this Act or any other Act, + including private entities receiving such assistance. + (2) Copies.--The Comptroller General may make and retain copies + of any records accessed under paragraph (1) as the Comptroller + General determines appropriate. + (3) Interviews.--In addition to such other authorities as are + available, the Comptroller General or a designee of the Comptroller + General may interview Federal, State, or local officials, + contractor staff, grantee staff, recipients, or subrecipients + pertaining to any Federal effort or assistance of any type related + to the Coronavirus 2019 pandemic under this or any other Act, + including private entities receiving such assistance. + (4) Inspection of facilities.--As determined necessary by the + Comptroller General, the Government Accountability Office may + inspect facilities at which Federal, State, or local officials, + contractor staff, grantee staff, or recipients or subrecipients + carry out their responsibilities related to the Coronavirus 2019 + pandemic. + (5) Enforcement.--Access rights under this subsection shall be + subject to enforcement consistent with section 716 of title 31, + United States Code. + (e) Relationship to Existing Authority.--Nothing in this section +shall be construed to limit, amend, supersede, or restrict in any +manner any existing authority of the Comptroller General. + + + national emergency relief authority for the register of copyrights + + Sec. 19011. (a) Amendment.--Chapter 7 of title 17, United States +Code, is amended by adding at the end the following: +``Sec. 710. Emergency relief authority + ``(a) Emergency Action.--If, on or before December 31, 2021, the +Register of Copyrights determines that a national emergency declared by +the President under the National Emergencies Act (50 U.S.C. 1601 et +seq.) generally disrupts or suspends the ordinary functioning of the +copyright system under this title, or any component thereof, including +on a regional basis, the Register may, on a temporary basis, toll, +waive, adjust, or modify any timing provision (including any deadline +or effective period, except as provided in subsection (c)) or +procedural provision contained in this title or chapters II or III of +title 37, Code of Federal Regulations, for no longer than the Register +reasonably determines to be appropriate to mitigate the impact of the +disruption caused by the national emergency. In taking such action, the +Register shall consider the scope and severity of the particular +national emergency, and its specific effect with respect to the +particular provision, and shall tailor any remedy accordingly. + ``(b) Notice and Effect.--Any action taken by the Register in +response to a national emergency pursuant to subsection (a) shall not +be subject to section 701(e) or subchapter II of chapter 5 of title 5, +United States Code, and chapter 7 of title 5, United States Code. The +provision of general public notice detailing the action being taken by +the Register in response to the national emergency under subsection (a) +is sufficient to effectuate such action. The Register may make such +action effective both prospectively and retroactively in relation to a +particular provision as the Register determines to be appropriate based +on the timing, scope, and nature of the public emergency, but any +action by the Register may only be retroactive with respect to a +deadline that has not already passed before the declaration described +in subsection (a). + ``(c) Statement Required.--Except as provided in subsection (d), +not later than 20 days after taking any action that results in a +provision being modified for a cumulative total of longer than 120 +days, the Register shall submit to Congress a statement detailing the +action taken, the relevant background, and rationale for the action. + ``(d) Exceptions.--The authority of the Register to act under +subsection (a) does not extend provisions under this title requiring +the commencement of an action or proceeding in Federal court within a +specified period of time, except that if the Register adjusts the +license availability date defined in section 115(e)(15), such +adjustment shall not affect the ability to commence actions for any +claim of infringement of exclusive rights provided by paragraphs (1) +and (3) of section 106 against a digital music provider arising from +the unauthorized reproduction or distribution of a musical work by such +digital music provider in the course of engaging in covered activities +that accrued after January 1, 2018, provided that such action is +commenced within the time periods prescribed under section +115(d)(10)(C)(i) or 115(d)(10)(C)(ii) as calculated from the adjusted +license availability date. If the Register adjusts the license +availability date, the Register must provide the statement to Congress +under subsection (c) at the same time as the public notice of such +adjustment with a detailed explanation of why such adjustment is +needed. + ``(e) Copyright Term Exception.--The authority of the Register to +act under subsection (a) does not extend to provisions under chapter 3, +except section 304(c), or section 1401(a)(2). + ``(f) Other Laws.--Notwithstanding section 301 of the National +Emergencies Act (50 U.S.C. 1631), the authority of the Register under +subsection (a) is not contingent on a specification made by the +President under such section or any other requirement under that Act +(other than the emergency declaration under section 201(a) of such Act +(50 U.S.C. 1621(a))). The authority described in this section +supersedes the authority of title II of the National Emergencies Act +(50 U.S.C. 1621 et seq.).''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 7 of title 17, United States Code, is amended by adding at the +end the following: + +``710. Emergency relief authority.''. + + (c) Emergency Requirement.--The amount provided by this section is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + TITLE X + + DEPARTMENT OF VETERANS AFFAIRS + + Veterans Benefits Administration + + general operating expenses, veterans benefits administration + + For an additional amount for ``General Operating Expenses, Veterans +Benefits Administration'', $13,000,000, to remain available until +September 30, 2021, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Veterans Health Administration + + medical services + + For an additional amount for ``Medical Services'', $14,432,000,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally, including +related impacts on health care delivery, and for support to veterans +who are homeless or at risk of becoming homeless: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + medical community care + + For an additional amount for ``Medical Community Care'', +$2,100,000,000, to remain available until September 30, 2021, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, including related impacts on health care delivery: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + medical support and compliance + + For an additional amount for ``Medical Support and Compliance'', +$100,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, including related impacts on health care delivery: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + medical facilities + + For an additional amount for ``Medical Facilities'', $606,000,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus, domestically or internationally, including +related impacts on health care delivery: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Departmental Administration + + general administration + + For an additional amount for ``General Administration'', +$6,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + information technology systems + + For an additional amount for ``Information Technology Systems'', +$2,150,000,000, to remain available until September 30, 2021, to +prevent, prepare for, and respond to coronavirus, domestically or +internationally, including related impacts on health care delivery: +Provided, That the Secretary shall transmit to the Committees on +Appropriations of both Houses of Congress a spend plan detailing the +allocation of such funds between pay and associated costs, operations +and maintenance, and information technology systems development: +Provided further, That after such transmittal is provided, funds may +only be reprogrammed among the three subaccounts referenced in the +previous proviso after the Secretary of Veterans Affairs submits notice +to the Committees on Appropriations of both Houses of Congress: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + office of inspector general + + For an additional amount for ``Office of Inspector General'', +$12,500,000, to remain available until September 30, 2022, to prevent, +prepare for, and respond to coronavirus, domestically or +internationally, for oversight and audit of programs, activities, +grants and projects funded under this title: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + grants for construction of state extended care facilities + + For an additional amount for ``Grants for Construction of State +Extended Care Facilities'', $150,000,000, to remain available until +September 30, 2021, to prevent, prepare for, and respond to +coronavirus, domestically or internationally, including to modify or +alter existing hospital, nursing home, and domiciliary facilities in +State homes: Provided, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + RELATED AGENCIES + + Armed Forces Retirement Home Trust Fund + + For an additional amount for the ``Armed Forces Retirement Home +Trust Fund'', $2,800,000, to remain available until September 30, 2021, +to prevent, prepare for, and respond to coronavirus, to be paid from +funds available in the Armed Forces Retirement Home Trust Fund: +Provided, That of the amounts made available under this heading from +funds available in the Armed Forces Retirement Home Trust Fund, +$2,800,000 shall be paid from the general fund of the Treasury to the +Trust Fund: Provided further, That the Chief Executive Officer of the +Armed Forces Retirement Home shall submit to the Committees on +Appropriations of both Houses of Congress monthly reports detailing +obligations, expenditures, and planned activities: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + (including transfer of funds) + + Sec. 20001. Amounts made available for the Department of Veterans +Affairs in this title, under the ``Medical Services'', ``Medical +Community Care'', ``Medical Support and Compliance'', and ``Medical +Facilities'' accounts may be transferred among the accounts to prevent, +prepare for, and respond to coronavirus, domestically and +internationally: Provided, That any transfers among the ``Medical +Services'', ``Medical Community Care'', ``Medical Support and +Compliance'', and ``Medical Facilities'' accounts of 2 percent or less +of the total amount appropriated to an account in this title may take +place subject to notification from the Secretary of Veterans Affairs to +the Committees on Appropriations of both Houses of Congress of the +amount and purpose of the transfer: Provided further, That any +transfers among the ``Medical Services'', ``Medical Community Care'', +``Medical Support and Compliance'', and ``Medical Facilities'' accounts +in excess of 2 percent of the total amount appropriated to an account +in this title, or exceeding a cumulative 2 percent for all of the funds +provided in this title, may take place only after the Secretary +requests from the Committees on Appropriations of both Houses of +Congress the authority to make the transfer and an approval is issued. + Sec. 20002. For all of the funds appropriated in this title the +Secretary of Veterans Affairs shall submit to the Committees on +Appropriations of both Houses of Congress monthly reports detailing +obligations, expenditures, and planned activities. + + + public health emergency + + Sec. 20003. In this title, the term ``public health emergency'' +means an emergency with respect to COVID-19 declared by a Federal, +State, or local authority. + + + short-term agreements or contracts with telecommunications providers + to expand telemental health services for isolated veterans during a + public health emergency + + Sec. 20004. (a) In General.--Notwithstanding any other provision +of law, the Secretary of Veterans Affairs may enter into short-term +agreements or contracts with telecommunications companies to provide +temporary, complimentary or subsidized, fixed and mobile broadband +services for the purposes of providing expanded mental health services +to isolated veterans through telehealth or VA Video Connect during a +public health emergency. + (b) Eligibility.-- + (1) In general.--The Secretary may expand eligibility for + services described in subsection (a) from the Department of + Veterans Affairs to include veterans already receiving care from + the Department who may not be eligible for mental health services + or other health care services delivered through telehealth or VA + Video Connect. + (2) Priority.--For purposes of expanding eligibility under + paragraph (1), the Secretary shall prioritize-- + (A) veterans who are in unserved and underserved areas; + (B) veterans who reside in rural and highly rural areas, as + defined in the Rural-Urban Commuting Areas coding system of the + Department of Agriculture; + (C) low-income veterans; and + (D) any other veterans that the Secretary considers to be + at a higher risk for suicide and mental health concerns during + isolation periods due to a public health emergency. + (c) Definitions.--In this section: + (1) Telehealth.-- + (A) In general.--The term ``telehealth'' means the use of + electronic information and telecommunications technologies to + support and promote long-distance clinical health care, patient + and professional health-related education, public health, and + health administration. + (B) Technologies.--For purposes of subparagraph (A), + telecommunications technologies include videoconferencing, the + internet, streaming media, and terrestrial and wireless + communications. + (2) VA video connect.--The term ``VA Video Connect'' means the + program of the Department of Veterans Affairs to connect veterans + with their health care team from anywhere, using encryption to + ensure a secure and private session. + + + treatment of state homes during public health emergency + + Sec. 20005. (a) Waiver of Occupancy Rate Requirements.--During a +public health emergency, occupancy rate requirements for State homes +for purposes of receiving per diem payments set forth in section +51.40(c) of title 38, Code of Federal Regulations, or successor +regulations, shall not apply. + (b) Waiver of Veteran Percentage Requirements.--During a public +health emergency, the veteran percentage requirements for State homes +set forth in section 51.210(d) of title 38, Code of Regulations, or +successor regulations, and in agreements for grants to construct State +homes, shall not apply. + (c) Provision of Medicine, Equipment, and Supplies.-- + (1) In general.--During a public health emergency, the + Secretary of Veterans Affairs may provide to State homes medicines, + personal protective equipment, medical supplies, and any other + equipment, supplies, and assistance available to the Department of + Veterans Affairs. + (2) Provision of equipment.--Personal protective equipment may + be provided under paragraph (1) through the All Hazards Emergency + Cache of the Department of Veterans Affairs or any other source + available to the Department. + (d) Definitions.--In this section: + (1) Personal protective equipment.--The term ``personal + protective equipment'' means any protective equipment required to + prevent the wearer from contracting COVID-19, including gloves, N- + 95 respirator masks, gowns, goggles, face shields, or other + equipment required for safety. + (2) Public health emergency.--The term ``public health + emergency'' means an emergency with respect to COVID-19 declared by + a Federal, State, or local authority. + (3) State home.--The term ``State home'' has the meaning given + that term in section 101(19) of title 38, United States Code. + + + modifications to veteran directed care program of department of + veterans affairs + + Sec. 20006. (a) Telephone or Telehealth Renewals.--For the Veteran +Directed Care program of the Department of Veterans Affairs (in this +section referred to as the ``Program''), during a public health +emergency, the Secretary of Veterans Affairs shall-- + (1) waive the requirement that an area agency on aging process + new enrollments and six-month renewals for the Program via an in- + person or home visit; and + (2) allow new enrollments and sixth-month renewals for the + Program to be conducted via telephone or telehealth modality. + (b) No Suspension or Disenrollment.--During a public health +emergency, the Secretary shall not suspend or dis-enroll a veteran or +caregiver of a veteran from the Program unless-- + (1) requested to do so by the veteran or a representative of + the veteran; or + (2) a mutual decision is made between the veteran and a health + care provider of the veteran to suspend or dis-enroll the veteran + or caregiver from the Program. + (c) Waiver of Paperwork Requirement.--During a public health +emergency, the Secretary may waive the requirement for signed, mailed +paperwork to confirm the enrollment or renewal of a veteran in the +Program and may allow verbal consent of the veteran via telephone or +telehealth modality to suffice for purposes of such enrollment or +renewal. + (d) Waiver of Other Requirements.--During a public health +emergency, the Secretary shall waive-- + (1) any penalty for late paperwork relating to the Program; and + (2) any requirement to stop payments for veterans or caregivers + of veterans under the Program if they are out of State for more + than 14 days. + (e) Area Agency on Aging Defined.--In this section, the term ``area +agency on aging'' has the meaning given that term in section 102 of the +Older Americans Act of 1965 (42 U.S.C. 3002). + + + provision by department of veterans affairs of prosthetic appliances + through non-department providers during public health emergency + + Sec. 20007. The Secretary of Veterans Affairs shall ensure that, to +the extent practicable, veterans who are receiving or are eligible to +receive a prosthetic appliance under section 1714 or 1719 of title 38, +United States Code, are able to receive such an appliance that the +Secretary determines is needed from a non-Department of Veterans +Affairs provider under a contract with the Department during a public +health emergency. + + + waiver of pay caps for employees of department of veterans affairs + during public health emergencies + + Sec. 20008. (a) In General.--Notwithstanding any other provision +of law, the Secretary of Veterans Affairs may waive any limitation on +pay for an employee of the Department of Veterans Affairs during a +public health emergency for work done in support of response to the +emergency. + (b) Reporting.-- + (1) In general.--For each month that the Secretary waives a + limitation under subsection (a), the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report on the + waiver. + (2) Contents.--Each report submitted under paragraph (1) for a + waiver or waivers in a month shall include the following: + (A) Where the waiver or waivers were used, including in + which component of the Department and, as the case may be, + which medical center of the Department. + (B) For how many employees the waiver or waivers were used, + disaggregated by component of the Department and, if + applicable, medical center of the Department. + (C) The average amount by which each payment exceeded the + waived pay limitation that was waived, disaggregated by + component of the Department and, if applicable, medical center + of the Department. + (c) Employee of the Department of Veterans Affairs Defined.--In +this section, the term ``employee of the Department of Veterans +Affairs'' includes any employee of the Department of Veterans Affairs, +regardless of the authority under which the employee was hired. + + + provision by department of veterans affairs of personal protective + equipment for home health workers + + Sec. 20009. (a) Provision of Equipment.-- + (1) In general.--During a public health emergency, the + Secretary of Veterans Affairs shall provide to employees and + contractors of the Department of Veterans Affairs personal + protective equipment necessary to provide home care to veterans + under the laws administered by the Secretary. + (2) Source of equipment.--Personal protective equipment may be + provided under paragraph (1) through the All Hazards Emergency + Cache of the Department or any other source available to the + Department. + (b) Definitions.--In this section: + (1) Home care.--The term ``home care'' has the meaning given + that term in section 1803(c) of title 38, United States Code. + (2) Personal protective equipment.--The term ``personal + protective equipment'' means any protective equipment required to + prevent the wearer from contracting COVID-19, including gloves, N- + 95 respirator masks, gowns, goggles, face shields, or other + equipment required for safety. + + + clarification of treatment of payments for purposes of eligibility + for veterans pension and other veterans benefits + + Sec. 20010. Amounts paid to a person under the 2020 Recovery Rebate +in the Coronavirus Aid, Relief, and Economic Security Act shall not be +treated as income or resources for purposes of determining eligibility +for pension under chapter 15 of title 38, United States Code, or any +other benefit under a law administered by the Secretary of Veterans +Affairs. + + + availability of telehealth for case managers and homeless veterans + + Sec. 20011. The Secretary of Veterans Affairs shall ensure that +telehealth capabilities are available during a public health emergency +for case managers of, and homeless veterans participating in, the +Department of Housing and Urban Development-Department of Veterans +Affairs Supportive Housing program (commonly referred to as ``HUD- +VASH''). + + + funding limits for financial assistance for supportive services for + very low-income veteran families in permanent housing during a public + health emergency + + Sec. 20012. In the case of a public health emergency, nothing in +subsection (e)(1) of section 2044 of title 38, United States Code, may +be construed as limiting amounts that may be made available for +carrying out subsections (a), (b), and (c) of such section. + + + modifications to comprehensive service programs for homeless veterans + during a public health emergency + + Sec. 20013. (a) Rule of Construction.--In the case of a public +health emergency, no authorization of appropriations in section 2014 of +title 38, United States Code, may be construed as limiting amounts that +may be appropriated for carrying out subchapter II of chapter 20 of +such title. + (b) Grants and Per Diem Payments.--In the case of a public health +emergency, the Secretary of Veterans Affairs may waive any limits on-- + (1) grant amounts under sections 2011 and 2061 of title 38, + United States Code; and + (2) rates for per diem payments under sections 2012 and 2061 of + such title. + (c) Participant Absence.--Notwithstanding Veterans Health +Administration Handbook 1162.01(1), dated July 12, 2013, and amended +June 30, 2014, and titled ``Grant and Per Diem (GPD) Program'', or any +other provision of law, for the duration of a public health emergency, +the Secretary-- + (1) shall waive any requirement to discharge a veteran from the + grant and per diem program of the Veterans Health Administration + after the veteran is absent for 14 days; and + (2) may continue to pay per diem to grant recipients and + eligible entities under the program for any additional days of + absence when a veteran has already been absent for more than 72 + hours. + Sec. 20014. The amounts provided by sections 20003 through 20013 +of this title in this Act are designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE XI + + DEPARTMENT OF STATE + + Administration of Foreign Affairs + + diplomatic programs + + For an additional amount for ``Diplomatic Programs'', $324,000,000, +to remain available until September 30, 2022, to prevent, prepare for, +and respond to coronavirus, including for necessary expenses to +maintain consular operations and to provide for evacuation expenses and +emergency preparedness: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT + + Funds Appropriated to the President + + operating expenses + + For an additional amount for ``Operating Expenses'', $95,000,000, +to remain available until September 30, 2022, to prevent, prepare for, +and respond to coronavirus: Provided, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + BILATERAL ECONOMIC ASSISTANCE + + Funds Appropriated to the President + + international disaster assistance + + For an additional amount for ``International Disaster Assistance'', +$258,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Department of State + + migration and refugee assistance + + For an additional amount for ``Migration and Refugee Assistance'', +$350,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Independent Agencies + + peace corps + + For an additional amount for ``Peace Corps'', $88,000,000, to +remain available until September 30, 2022, to prevent, prepare for, and +respond to coronavirus: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + (including transfer of funds) + + Sec. 21001. The authorities and limitations of section 402 of the +Coronavirus Preparedness and Response Supplemental Appropriations Act +(division A of Public Law 116-123) shall apply to funds appropriated by +this title as follows: + (1) Subsections (a), (d), (e), and (f) shall apply to funds + under the heading ``Diplomatic Programs''; and + (2) Subsections (c), (d), (e), and (f) shall apply to funds + under the heading ``International Disaster Assistance''. + Sec. 21002. Funds appropriated by this title under the headings +``Diplomatic Programs'', ``Operating Expenses'', and ``Peace Corps'' +may be used to reimburse such accounts administered by the Department +of State, the United States Agency for International Development, and +the Peace Corps, as appropriate, for obligations incurred to prevent, +prepare for, and respond to coronavirus prior to the date of enactment +of this Act. + Sec. 21003. The reporting requirement of section 406(b) of the +Coronavirus Preparedness and Response Supplemental Appropriations Act, +2020 (division A of Public Law 116-123) shall apply to funds +appropriated by this title: Provided, That the requirement to jointly +submit such report shall not apply to the Director of the Peace Corps: +Provided further, That reports required by such section may be +consolidated and shall include information on all funds made available +to such Federal agencies to prevent, prepare for, and respond to +coronavirus. + Sec. 21004. Section 7064(a) of the Department of State, Foreign +Operations, and Related Programs Appropriations Act, 2020 (division G +of Public Law 116-94) is amended by striking `` $100,000,000'' and +inserting in lieu thereof `` $110,000,000'', and by adding the +following before the period at the end: ``: Provided, That no amounts +may be used that were designated by the Congress for Overseas +Contingency Operations/Global War on Terrorism pursuant to the +Concurrent Resolution on the Budget or the Balanced Budget and +Emergency Deficit Control Act of 1985''. + Sec. 21005. The Department of State, Foreign Operations, and +Related Programs Appropriations Act, 2020 (division G of Public Law +116-94) is amended under the heading ``Emergencies in the Diplomatic +and Consular Service'' in title I by striking `` $1,000,000'' and +inserting in lieu thereof `` $5,000,000''. + Sec. 21006. The Department of State, Foreign Operations, and +Related Programs Appropriations Act, 2020 (division G of Public Law +116-94) is amended under the heading ``Millennium Challenge +Corporation'' in title III by striking `` $105,000,000'' in the first +proviso and inserting in lieu thereof `` $107,000,000''. + Sec. 21007. Notwithstanding any other provision of law, and in +addition to leave authorized under any other provision of law, the +Secretary of State and the Administrator of the United States Agency +for International Development may, in order to prevent, prepare for, +and respond to coronavirus, provide additional paid leave to address +employee hardships resulting from coronavirus: Provided, That this +authority shall apply to leave taken since January 29, 2020, and may be +provided abroad and domestically: Provided further, That the Secretary +and the Administrator shall consult with the Committee on +Appropriations and the Committee on Foreign Relations of the Senate and +the Committee on Appropriations and the Committee on Foreign Affairs of +the House of Representatives prior to implementation of such authority: + Provided further, That the authority made available pursuant to this +section shall expire on September 30, 2022. + Sec. 21008. The Secretary of State, to prevent, prepare for, and +respond to coronavirus, may exercise the authorities of section 3(j) of +the State Department Basic Authorities Act of 1956 (22 U.S.C. 2670(j)) +to provide medical services or related support for private United +States citizens, nationals, and permanent resident aliens abroad, or +third country nationals connected to such persons or to the diplomatic +or development missions of the United States abroad, who are unable to +obtain such services or support otherwise: Provided, That such +assistance shall be provided on a reimbursable basis to the extent +feasible: Provided further, That such reimbursements may be credited +to the applicable Department of State appropriation and shall remain +available until expended: Provided further, That the Secretary shall +prioritize providing medical services or related support to individuals +eligible for the health program under section 904 of the Foreign +Service Act of 1980 (22 U.S.C. 4084): Provided further, That the +authority made available pursuant to this section shall expire on +September 30, 2022. + Sec. 21009. Notwithstanding section 6(b) of the Department of +State Authorities Act of 2006 (Public Law 109-472; 120 Stat. 3556), +during fiscal year 2020, passport and immigrant visa surcharges +collected in any fiscal year pursuant to the fourth paragraph under the +heading ``Diplomatic and Consular Programs'' in the Department of State +and Related Agency Appropriations Act, 2005 (title IV of division B of +Public Law 108-447; 8 U.S.C. 1714) may be obligated and expended for +the costs of providing consular services: Provided, That such funds +should be prioritized for United States citizen services: Provided +further, That not later than 90 days after the expiration of this +authority, the Secretary of State shall provide a report to the +Committee on Appropriations and the Committee on Foreign Relations of +the Senate and the Committee on Appropriations and the Committee on +Foreign Affairs of the House of Representatives detailing the specific +expenditures made pursuant to this authority: Provided further, That +the amount provided by this section is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + Sec. 21010. The Department of State and the United States Agency +for International Development are authorized to enter into contracts +with individuals for the provision of personal services (as described +in section 104 of part 37 of title 48, Code of Federal Regulations and +including pursuant to section 904 of the Foreign Service Act of 1980 +(22 U.S.C. 4084)) to prevent, prepare for, and respond to coronavirus, +within the United States and abroad, subject to prior consultation +with, and the notification procedures of, the Committee on +Appropriations and the Committee on Foreign Relations of the Senate and +the Committee on Appropriations and the Committee on Foreign Affairs of +the House of Representatives: Provided, That such individuals may not +be deemed employees of the United States for the purpose of any law +administered by the Office of Personnel Management: Provided further, +That not later than 15 days after utilizing this authority, the +Secretary of State shall provide a report to the Committee on +Appropriations and the Committee on Foreign Relations of the Senate and +the Committee on Appropriations and the Committee on Foreign Affairs of +the House of Representatives on the overall staffing needs for the +Office of Medical Services: Provided further, That the authority made +available pursuant to this section shall expire on September 30, 2022. + Sec. 21011. Notwithstanding any other provision of law, the +Secretary of State and the Administrator of the United States Agency +for International Development may authorize any oath of office required +by law to, in particular circumstances that could otherwise pose health +risks, be administered remotely, subject to appropriate verification: +Provided, That prior to initially exercising the authority of this +section, the Secretary and the Administrator shall each submit a report +to the Committee on Appropriations and the Committee on Foreign +Relations of the Senate and the Committee on Appropriations and the +Committee on Foreign Affairs of the House of Representatives describing +the process and procedures for administering such oaths, including +appropriate verification: Provided further, That the authority made +available pursuant to this section shall expire on September 30, 2021. + Sec. 21012. (a) Purposes.--For purposes of strengthening the +ability of foreign countries to prevent, prepare for, and respond to +coronavirus and to the adverse economic impacts of coronavirus, in a +manner that would protect the United States from the spread of +coronavirus and mitigate an international economic crisis resulting +from coronavirus that may pose a significant risk to the economy of the +United States, each paragraph of subsection (b) shall take effect upon +enactment of this Act. + (b) Coronavirus Responses.-- + (1) International development association replenishment.--The + International Development Association Act (22 U.S.C. 284 et seq.) + is amended by adding at the end the following new section: + ``SEC. 31. NINETEENTH REPLENISHMENT. + ``(a) In General.--The United States Governor of the International +Development Association is authorized to contribute on behalf of the +United States $3,004,200,000 to the nineteenth replenishment of the +resources of the Association, subject to obtaining the necessary +appropriations. + ``(b) Authorization of Appropriations.--In order to pay for the +United States contribution provided for in subsection (a), there are +authorized to be appropriated, without fiscal year limitation, +$3,004,200,000 for payment by the Secretary of the Treasury.''. + (2) International finance corporation authorization.--The + International Finance Corporation Act (22 U.S.C. 282 et seq.) is + amended by adding at the end the following new section: + ``SEC. 18. CAPITAL INCREASES AND AMENDMENT TO THE ARTICLES OF + AGREEMENT. + ``(a) Votes Authorized.--The United States Governor of the +Corporation is authorized to vote in favor of-- + ``(1) a resolution to increase the authorized capital stock of + the Corporation by 16,999,998 shares, to implement the conversion + of a portion of the retained earnings of the Corporation into paid- + in capital, which will result in the United States being issued an + additional 3,771,899 shares of capital stock, without any cash + contribution; + ``(2) a resolution to increase the authorized capital stock of + the Corporation on a general basis by 4,579,995 shares; and + ``(3) a resolution to increase the authorized capital stock of + the Corporation on a selective basis by 919,998 shares. + ``(b) Amendment of the Articles of Agreement.--The United States +Governor of the Corporation is authorized to agree to and accept an +amendment to article II, section 2(c)(ii) of the Articles of Agreement +of the Corporation that would increase the vote by which the Board of +Governors of the Corporation may increase the capital stock of the +Corporation from a four-fifths majority to an eighty-five percent +majority.''. + (3) African development bank.--The African Development Bank Act + (22 U.S.C. 290i et seq.) is amended by adding at the end the + following new section: +``SEC. 1345. SEVENTH CAPITAL INCREASE. + ``(a) Subscription Authorized.-- + ``(1) In general.--The United States Governor of the Bank may + subscribe on behalf of the United States to 532,023 additional + shares of the capital stock of the Bank. + ``(2) Limitation.--Any subscription by the United States to the + capital stock of the Bank shall be effective only to such extent + and in such amounts as are provided in advance in appropriations + Acts. + ``(b) Authorization of Appropriations.-- + ``(1) In general.--In order to pay for the increase in the + United States subscription to the Bank under subsection (a), there + are authorized to be appropriated, without fiscal year limitation, + $7,286,587,008 for payment by the Secretary of the Treasury. + ``(2) Share types.--Of the amount authorized to be appropriated + under paragraph (1)-- + ``(A) $437,190,016 shall be for paid in shares of the Bank; + and + ``(B) $6,849,396,992 shall be for callable shares of the + Bank.''. + (4) African development fund.--The African Development Fund Act + (22 U.S.C. 290g et seq.) is amended by adding at the end the + following new section: + ``SEC. 226. FIFTEENTH REPLENISHMENT. + ``(a) In General.--The United States Governor of the Fund is +authorized to contribute on behalf of the United States $513,900,000 to +the fifteenth replenishment of the resources of the Fund, subject to +obtaining the necessary appropriations. + ``(b) Authorization of Appropriations.--In order to pay for the +United States contribution provided for in subsection (a), there are +authorized to be appropriated, without fiscal year limitation, +$513,900,000 for payment by the Secretary of the Treasury.''. + (5) International monetary fund authorization for new + arrangements to borrow.-- + (A) In general.--Section 17 of the Bretton Woods Agreements + Act (22 U.S.C. 286e-2) is amended-- + (i) in subsection (a)-- + + (I) by redesignating paragraphs (3), (4), and (5) + as paragraphs (4), (5), and (6), respectively; + (II) by inserting after paragraph (2) the following + new paragraph: + + ``(3) In order to carry out the purposes of a one-time decision + of the Executive Directors of the International Monetary Fund (the + Fund) to expand the resources of the New Arrangements to Borrow, + established pursuant to the decision of January 27, 1997, referred + to in paragraph (1), the Secretary of the Treasury is authorized to + make loans, in an amount not to exceed the dollar equivalent of + 28,202,470,000 of Special Drawing Rights, in addition to any + amounts previously authorized under this section, except that prior + to activation of the New Arrangements to Borrow, the Secretary of + the Treasury shall report to Congress whether supplementary + resources are needed to forestall or cope with an impairment of the + international monetary system and whether the Fund has fully + explored other means of funding to the Fund.''; + + (III) in paragraph (5), as so redesignated, by + striking ``paragraph (3)'' and inserting ``paragraph + (4)''; and + (IV) in paragraph (6), as so redesignated, by + striking ``December 16, 2022'' and inserting ``December + 31, 2025''; and + + (ii) in subsection (e)(1) by striking ``(a)(2),'' each + place such term appears and inserting ``(a)(2), (a)(3),''. + (B) Emergency designation.--The amount provided by this + paragraph is designated by the Congress as being for an + emergency requirement pursuant to section 251(b)(2)(A)(i) of + the Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE XII + + DEPARTMENT OF TRANSPORTATION + + Office of the Secretary + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', $1,753,000, +to remain available until expended, to prevent, prepare for, and +respond to coronavirus, including necessary expenses for operating +costs and capital outlays: Provided, That such amounts are in addition +to any other amounts made available for this purpose: Provided +further, That obligations of amounts under this heading in this Act +shall not be subject to the limitation on obligations under the heading +``Office of the Secretary--Working Capital Fund'' in division H of the +Further Consolidated Appropriations Act, 2020 (Public Law 116-94): +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + essential air service + + In addition to funds provided to the ``Payments to Air Carriers'' +program in Public Law 116-94 to carry out the essential air service +program under section 41731 through 41742 of title 49, United States +Code, $56,000,000, to be derived from the general fund of the Treasury, +and to be made available to the Essential Air Service and Rural +Improvement Fund, to remain available until expended, to prevent, +prepare for, and respond to coronavirus: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Federal Aviation Administration + + grants-in-aid for airports + + For an additional amount for ``Grants-In-Aid for Airports'', +$10,000,000,000, to prevent, prepare for, and respond to coronavirus, +to remain available until expended: Provided, That amounts made +available under this heading in this Act shall be derived from the +general fund of the Treasury: Provided further, That funds provided +under this heading in this Act shall only be available to sponsors of +airports defined in section 47102 of title 49, United States Code: +Provided further, That funds provided under this heading in this Act +shall not otherwise be subject to the requirements of chapter 471 of +such title: Provided further, That notwithstanding the previous +proviso, section 47112(b) of such title shall apply to funds provided +for any contract awarded (after the date of enactment) for airport +development and funded under this heading: Provided further, That +funds provided under this heading in this Act may not be used for any +purpose not directly related to the airport: Provided further, That of +the amounts appropriated under this heading in this Act-- + (1) Not less than $500,000,000 shall be available to pay a + Federal share of 100 percent of the costs for which a grant is made + under Public Law 116-94: Provided, That any remaining funds after + the apportionment under this paragraph (1) shall be distributed as + described in paragraph (2) under this heading in this Act; + (2) Not less than $7,400,000,000 shall be available for any + purpose for which airport revenues may lawfully be used: Provided, + That 50 percent of such funds shall be allocated among all + commercial service airports based on each sponsor's calendar year + 2018 enplanements as a percentage of total 2018 enplanements for + all commercial service airports: Provided further, That the + remaining 50 percent of such funds shall be allocated among all + commercial service airports based on an equal combination of each + sponsor's fiscal year 2018 debt service as a percentage of the + combined debt service for all commercial service airports and each + sponsor's ratio of unrestricted reserves to their respective debt + service: Provided further, That the Federal share payable of the + costs for which a grant is made under this paragraph shall be 100 + percent: + (3) Up to $2,000,000,000 shall be available for any purpose for + which airport revenues may lawfully be used, and: (A) be + apportioned as set forth in section 47114(c)(1)(C)(i), + 47114(c)(1)(C)(ii), or 47114(c)(1)(H) of title 49, United States + Code; (B) not be subject to the reduced apportionments of 49 U.S.C. + 47114(f); and (C) have no maximum apportionment limit, + notwithstanding 47114(c)(1)(C)(iii) of title 49, United States + Code: Provided, That any remaining funds after the apportionment + under this paragraph (3) shall be distributed as described in + paragraph (2) under this heading in this Act: Provided further, + That the Federal share payable of the costs for which a grant is + made under this paragraph shall be 100 percent; and + (4) Not less than $100,000,000 shall be for general aviation + airports for any purpose for which airport revenues may lawfully be + used, and, which the Secretary shall apportion directly to each + eligible airport, as defined in section 47102(8) of title 49, + United States Code, based on the categories published in the most + current National Plan of Integrated Airport Systems, reflecting the + percentage of the aggregate published eligible development costs + for each such category, and then dividing the allocated funds + evenly among the eligible airports in each category, rounding up to + the nearest thousand dollars: Provided, That the Federal share + payable of the costs for which a grant is made under this paragraph + shall be 100 percent: + Provided further, That the Administrator of the Federal Aviation +Administration may retain up to 0.1 percent of the funds provided under +this heading in this Act to fund the award and oversight by the +Administrator of grants made under this heading in this Act: Provided +further, That obligations of funds under this heading in this Act shall +not be subject to any limitations on obligations provided in Public Law +116-94: Provided further, That all airports receiving funds under this +heading in this Act shall continue to employ, through December 31, +2020, at least 90 percent of the number of individuals employed (after +making adjustments for retirements or voluntary employee separations) +by the airport as of the date of enactment of this Act: Provided +further, That the Secretary may waive the workforce retention +requirement in the previous proviso, if the Secretary determines the +airport is experiencing economic hardship as a direct result of the +requirement, or the requirement reduces aviation safety or security: +Provided further, That the workforce retention requirement shall not +apply to nonhub airports or nonprimary airports receiving funds under +this heading in this Act: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Federal Motor Carrier Safety Administration + + motor carrier safety operations and programs + + Of prior year unobligated contract authority and liquidating cash +provided for Motor Carrier Safety in the Transportation Equity Act for +the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59), +or other appropriations or authorization acts, in addition to amounts +already appropriated in fiscal year 2020 for ``Motor Carrier Safety +Operations and Programs'', $150,000 in additional obligation limitation +is provided and repurposed for obligations incurred to support +activities to prevent, prepare for, and respond to coronavirus. + + Federal Railroad Administration + + safety and operations + + For an additional amount for ``Safety and Operations'', $250,000, +to remain available until September 30, 2021, to prevent, prepare for, +and respond to coronavirus: Provided, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + northeast corridor grants to the national railroad passenger + corporation + + (including transfer of funds) + + For an additional amount for ``Northeast Corridor Grants to the +National Railroad Passenger Corporation'', $492,000,000, to remain +available until expended, to prevent, prepare for, and respond to +coronavirus, including to enable the Secretary of Transportation to +make or amend existing grants to the National Railroad Passenger +Corporation for activities associated with the Northeast Corridor, as +authorized by section 11101(a) of the Fixing America's Surface +Transportation Act (division A of Public Law 114-94): Provided, That +amounts made available under this heading in this Act may be +transferred to and merged with ``National Network Grants to the +National Railroad Passenger Corporation'' to prevent, prepare for, and +respond to coronavirus: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + national network grants to the national railroad passenger corporation + + (including transfer of funds) + + For an additional amount for ``National Network Grants to the +National Railroad Passenger Corporation'', $526,000,000, to remain +available until expended, to prevent, prepare for, and respond to +coronavirus, including to enable the Secretary of Transportation to +make or amend existing grants to the National Railroad Passenger +Corporation for activities associated with the National Network as +authorized by section 11101(b) of the Fixing America's Surface +Transportation Act (division A of Public Law 114-94): Provided, That a +State shall not be required to pay the National Railroad Passenger +Corporation more than 80 percent of the amount paid in fiscal year 2019 +under section 209 of the Passenger Rail Investment and Improvement Act +of 2008 (Public Law 110-432) and that not less than $239,000,000 of the +amounts made available under this heading in this Act shall be made +available for use in lieu of any increase in a State's payment: +Provided further, That amounts made available under this heading in +this Act may be transferred to and merged with ``Northeast Corridor +Grants to the National Railroad Passenger Corporation'' to prevent, +prepare for, and respond to coronavirus: Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Federal Transit Administration + + transit infrastructure grants + + For an additional amount for ``Transit Infrastructure Grants'', +$25,000,000,000, to remain available until expended, to prevent, +prepare for, and respond to coronavirus: Provided, That the Secretary +of Transportation shall provide funds appropriated under this heading +in this Act as if such funds were provided under section 5307 of title +49, United States Code, and section 5311 of title 49, United States +Code and apportion such funds in accordance with section 5336 of such +title (other than subsections (h)(1) and (h)(4)), section 5311 (other +than subsection (b)(3) and (c)(1)(A)), section 5337 and section 5340 of +title 49, United States Code, and apportion such funds in accordance +with such sections except that funds apportioned under section 5337 +shall be added to funds apportioned under 5307 for administration under +5307: Provided further, That the Secretary shall allocate the amounts +provided in the preceding proviso under sections 5307, 5311, 5337, and +5340 of title 49, United States Code, among such sections in the same +ratio as funds were provided in the fiscal year 2020 appropriations: +Provided further, That funds apportioned under this heading in this Act +shall be apportioned not later than 7 days after the date of enactment +of this Act: Provided further, That funds shall be apportioned using +the fiscal year 2020 apportionment formulas: Provided further, That +not more than three-quarters of 1 percent, but not to exceed +$75,000,000, of the funds for transit infrastructure grants provided +under this heading in this Act shall be available for administrative +expenses and ongoing program management oversight as authorized under +sections 5334 and 5338(f)(2) of title 49, United States Code, and shall +be in addition to any other appropriations for such purpose: Provided +further, That notwithstanding subsection (a)(1) or (b) of section 5307 +of title 49, United States Code, funds provided under this heading are +available for the operating expenses of transit agencies related to the +response to a coronavirus public health emergency as described in +section 319 of the Public Health Service Act, including, beginning on +January 20, 2020, reimbursement for operating costs to maintain service +and lost revenue due to the coronavirus public health emergency, +including the purchase of personal protective equipment, and paying the +administrative leave of operations personnel due to reductions in +service: Provided further, That such operating expenses are not +required to be included in a transportation improvement program, long- +range transportation, statewide transportation plan, or a statewide +transportation improvement program: Provided further, That the +Secretary shall not waive the requirements of section 5333 of title 49, +United States Code, for funds appropriated under this heading in this +Act or for funds previously made available under section 5307 of title +49, United States Code, or sections 5311, 5337, or 5340 of such title +as a result of the coronavirus: Provided further, That unless +otherwise specified, applicable requirements under chapter 53 of title +49, United States Code, shall apply to funding made available under +this heading in this Act, except that the Federal share of the costs +for which any grant is made under this heading in this Act shall be, at +the option of the recipient, up to 100 percent: Provided further, That +the amount made available under this heading in this Act shall be +derived from the general fund and shall not be subject to any +limitation on obligations for transit programs set forth in any Act: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Maritime Administration + + operations and training + + For an additional amount for ``Operations and Training'', +$3,134,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus: Provided, That of the amounts +made available under this heading in this Act, $1,000,000 shall be for +the operations of the United States Merchant Marine Academy: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + state maritime academy operations + + For an additional amount for ``State Maritime Academy Operations'', +$1,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus: Provided, That amounts made +available under this heading in this Act shall be for direct payments +for State Maritime Academies: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Office of Inspector General + + salaries and expenses + + For an additional amount for ``Office of Inspector General'', +$5,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus: Provided, That the funding made +available under this heading in this Act shall be used for conducting +audits and investigations of projects and activities carried out with +funds made available in this Act to the Department of Transportation to +prevent, prepare for, and respond to coronavirus: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT + + Management and Administration + + administrative support offices + + For an additional amount for ``Administrative Support Offices'', +$35,000,000, to remain available until September 30, 2021, to prevent, +prepare for, and respond to coronavirus, for the Office of the Chief +Financial Officer, including for Department-wide salaries and expenses, +Information Technology purposes, and to support the Department's +workforce in a telework environment: Provided, That the amounts +provided under this heading in this Act shall be in addition to amounts +otherwise available for such purposes, including amounts made available +under the heading ``Program Offices'' in this Act: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + program offices + + For an additional amount for ``Program Offices'', $15,000,000, to +remain available until September 30, 2021, to prevent, prepare for, and +respond to coronavirus: Provided, That of the sums appropriated under +this heading in this Act-- + (1) $5,000,000 shall be available for the Office of Public and + Indian Housing; and + (2) $10,000,000 shall be available for the Office of Community + Planning and Development: + Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Public and Indian Housing + + tenant-based rental assistance + + For an additional amount for ``Tenant-Based Rental Assistance'', +$1,250,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus, including to provide additional funds +for public housing agencies to maintain normal operations and take +other necessary actions during the period that the program is impacted +by coronavirus: Provided, That of the amounts made available under +this heading in this Act, $850,000,000 shall be available for both +administrative expenses and other expenses of public housing agencies +for their section 8 programs, including Mainstream vouchers: Provided +further, That such other expenses shall be new eligible activities to +be defined by the Secretary and shall include activities to support or +maintain the health and safety of assisted individuals and families, +and costs related to retention and support of participating owners: +Provided further, That amounts made available under paragraph (3) under +this heading in Public Law 116-94 may be used for such other expenses, +as described in the previous proviso, in addition to their other +available uses: Provided further, That of the amounts made available +under this heading in this Act, $400,000,000 shall be available for +adjustments in the calendar year 2020 section 8 renewal funding +allocations, in addition to any other appropriations available for such +purpose, including Mainstream vouchers, for public housing agencies +that experience a significant increase in voucher per-unit costs due to +extraordinary circumstances or that, despite taking reasonable cost +savings measures, as determined by the Secretary, would otherwise be +required to terminate rental assistance for families as a result of +insufficient funding: Provided further, That the Secretary shall +allocate amounts provided in the previous proviso based on need, as +determined by the Secretary: Provided further, That the Secretary may +waive, or specify alternative requirements for, any provision of any +statute or regulation that the Secretary administers in connection with +the use of the amounts made available under this heading and the same +heading of Public Law 116-94 (except for requirements related to fair +housing, nondiscrimination, labor standards, and the environment), upon +a finding by the Secretary that any such waivers or alternative +requirements are necessary for the safe and effective administration of +these funds, consistent with the purposes described under this heading +in this Act, to prevent, prepare for, and respond to coronavirus: +Provided further, That the Secretary shall notify the public through +the Federal Register or other appropriate means of any such waiver or +alternative requirement to ensure the most expeditious allocation of +this funding, and in order for such waiver or alternative requirement +to take effect, and that such public notice may be provided, at a +minimum, on the Internet at the appropriate Government web site or +through other electronic media, as determined by the Secretary: +Provided further, That any such waivers or alternative requirements +shall remain in effect for the time and duration specified by the +Secretary in such public notice and may be extended if necessary upon +additional notice by the Secretary: Provided further, That to prevent, +prepare for, and respond to coronavirus, the notification required by +section 223 of Public Law 116-6 and section 221 of Public Law 116-94 +shall not apply to the award of amounts provided under paragraph (2) of +this heading in Public Law 116-6 or under paragraph (7)(B) of this +heading in Public Law 116-94 in support of the family unification +program under section 8(x) of such Act: Provided further, That the +Secretary may award any remaining unobligated balances appropriated +under this heading in prior Acts for incremental tenant-based +assistance contracts under section 811 of the Cranston-Gonzalez +National Affordable Housing Act (42 U.S.C. 8013), to prevent, prepare +for, and respond to coronavirus, without competition, including for +extraordinary administrative fees: Provided further, That no less than +25 percent of such amounts shall be allocated proportionally to public +housing agencies who received awards in the 2017 and 2019 competitions +for such purposes within 60 days of enactment of this Act: Provided +further, That the waiver and alternative requirements authority +provided under this heading in this Act shall also apply to such +incremental tenant-based assistance contract amounts: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + public housing operating fund + + For an additional amount for ``Public Housing Operating Fund'', as +authorized by section 9(e) of the United States Housing Act of 1937 (42 +U.S.C. 1437g(e)), $685,000,000, to remain available until September 30, +2021, to prevent, prepare for, and respond to coronavirus, including to +provide additional funds for public housing agencies to maintain normal +operations and take other necessary actions during the period that the +program is impacted by coronavirus: Provided, That the amount provided +under this heading in this Act shall be combined with the amount +appropriated for the same purpose under the same heading of Public Law +116-94, and distributed to all public housing agencies pursuant to the +Operating Fund formula at part 990 of title 24, Code of Federal +Regulations: Provided further, That for the period from the enactment +of this Act through December 31, 2020, such combined total amount may +be used for eligible activities under subsections (d)(1) and (e)(1) of +such section 9 and for other expenses related to preventing, preparing +for, and responding to coronavirus, including activities to support or +maintain the health and safety of assisted individuals and families, +and activities to support education and child care for impacted +families: Provided further, That amounts made available under the +headings ``Public Housing Operating Fund'' and ``Public Housing Capital +Fund'' in prior Acts, except for any set-asides listed under such +headings, may be used for all of the purposes described in the previous +proviso: Provided further, That the expanded uses and funding +flexibilities described in the previous two provisos shall be available +to all public housing agencies through December 31, 2020, except that +the Secretary may extend the period under which such flexibilities +shall be available in additional 12 month increments upon a finding +that individuals and families assisted by the public housing program +continue to require expanded services due to coronavirus: Provided +further, That the Secretary may waive, or specify alternative +requirements for, any provision of any statute or regulation that the +Secretary administers in connection with the use of such combined total +amount or funds made available under the headings ``Public Housing +Operating Fund'' and ``Public Housing Capital Fund'' in prior Acts +(except for requirements related to fair housing, nondiscrimination, +labor standards, and the environment), upon a finding by the Secretary +that any such waivers or alternative requirements are necessary for the +safe and effective administration of these funds to prevent, prepare +for, and respond to coronavirus: Provided further, That the Secretary +shall notify the public through the Federal Register or other +appropriate means of any such waiver or alternative requirement, to +ensure the most expeditious allocation of this funding, in order for +such waiver or alternative requirement to take effect, and that such +public notice may be provided, at a minimum, on the Internet at the +appropriate Government web site or through other electronic media, as +determined by the Secretary: Provided further, That any such waivers +or alternative requirements shall remain in effect for the time and +duration specified by the Secretary in such public notice and may be +extended if necessary upon additional notice by the Secretary: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + native american programs + + For an additional amount for ``Native American Programs'', +$300,000,000, to remain available until September 30, 2024, to prevent, +prepare for, and respond to coronavirus, for activities and assistance +authorized under title I of the Native American Housing Assistance and +Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), and +under title I of the Housing and Community Development Act of 1974 with +respect to Indian tribes (42 U.S.C. 5306(a)(1)): Provided, That the +amounts made available under this heading in this Act are as follows: + (1) No less than $200,000,000 shall be available for the Native + American Housing Block Grants program, as authorized under title I + of NAHASDA: Provided, That amounts made available under this + paragraph shall be distributed according to the same funding + formula used in fiscal year 2020: Provided further, That such + amounts shall be used by recipients to prevent, prepare for, and + respond to coronavirus, including to maintain normal operations and + fund eligible affordable housing activities under NAHASDA during + the period that the program is impacted by coronavirus: Provided + further, That amounts provided under this heading in this Act may + be used to cover or reimburse allowable costs to prevent, prepare + for, and respond to coronavirus that are incurred by a recipient, + including for costs incurred prior to the date of enactment of this + Act: Provided further, That the Secretary may waive, or specify + alternative requirements for, any provision of any statute or + regulation that the Secretary administers in connection with the + use of amounts made available under this paragraph or under the + same paragraph in Public Law 116-94 (except for requirements + related to fair housing, nondiscrimination, labor standards, and + the environment), upon a finding by the Secretary that any such + waivers or alternative requirements are necessary to expedite or + facilitate the use of such amounts to prevent, prepare for, and + respond to coronavirus: Provided further, That any such waivers + shall be deemed to be effective as of the date an Indian tribe or + tribally designated housing entity began preparing for coronavirus + and shall apply to the amounts made available under this paragraph + and to the previously appropriated amounts described in the + previous proviso; and + (2) Up to $100,000,000 shall be available for grants to Indian + tribes under the Indian Community Development Block Grant program + under title I of the Housing and Community Development Act of 1974, + notwithstanding section 106(a)(1) of such Act, to prevent, prepare + for, and respond to coronavirus, for emergencies that constitute + imminent threats to health and safety: Provided, That the + Secretary shall prioritize, without competition, allocations of + these amounts for activities and projects designed to prevent, + prepare for, and respond to coronavirus: Provided further, That + not to exceed 20 percent of any grant made with funds appropriated + under this paragraph shall be expended for planning and management + development and administration: Provided further, That amounts + provided under this heading in this Act may be used to cover or + reimburse allowable costs to prevent, prepare for, and respond to + coronavirus incurred by a recipient, including for costs incurred + prior to the date of enactment of this Act: Provided further, + That, notwithstanding section 105(a)(8) of such Act (42 U.S.C. + 5305(a)(8)), there shall be no per centum limitation for the use of + funds for public services activities to prevent, prepare for, and + respond to coronavirus: Provided further, That the previous + proviso shall apply to all such activities for grants of funds made + available under this paragraph or under paragraph (4) of this + heading in Public Law 116-94: Provided further, That the Secretary + may waive, or specify alternative requirements for, any provision + of any statute or regulation that the Secretary administers in + connection with the use of amounts made available under this + paragraph or under paragraph (4) in Public Law 116-94 (except for + requirements related to fair housing, nondiscrimination, labor + standards, and the environment), upon a finding by the Secretary + that any such waivers or alternative requirements are necessary to + expedite or facilitate the use of such amounts to prevent, prepare + for, and respond to coronavirus: Provided further, That any such + waivers shall be deemed to be effective as of the date an Indian + tribe began preparing for coronavirus and shall apply to the + amounts made available under this paragraph and to the previously + appropriated amounts described in the previous proviso: + Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Community Planning and Development + + housing opportunities for persons with aids + + For an additional amount for carrying out the ``Housing +Opportunities for Persons with AIDS'' program, as authorized by the +AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.), $65,000,000, to +remain available until September 30, 2021, except that amounts +allocated pursuant to section 854(c)(5) of such Act shall remain +available until September 30, 2022, to provide additional funds to +maintain operations and for rental assistance, supportive services, and +other necessary actions, in order to prevent, prepare for, and respond +to coronavirus: Provided, That not less than $50,000,000 of the amount +provided under this heading in this Act shall be allocated pursuant to +the formula in section 854 of such Act using the same data elements as +utilized pursuant to that same formula in fiscal year 2020: Provided +further, That up to $10,000,000 of the amount provided under this +heading in this Act shall be to provide an additional one-time, non- +renewable award to grantees currently administering existing contracts +for permanent supportive housing that initially were funded under +section 854(c)(5) of such Act from funds made available under this +heading in fiscal year 2010 and prior years: Provided further, That +such awards shall be made proportionally to their existing grants: +Provided further, That such awards are not required to be spent on +permanent supportive housing: Provided further, That, notwithstanding +section 859(b)(3)(B) of such Act, housing payment assistance for rent, +mortgage, or utilities payments may be provided for a period of up to +24 months: Provided further, That, to protect persons who are living +with HIV/AIDS, such amounts provided under this heading in this Act may +be used to self-isolate, quarantine, or to provide other coronavirus +infection control services as recommended by the Centers for Disease +Control and Prevention for household members not living with HIV/AIDS: +Provided further, That such amounts may be used to provide relocation +services, including to provide lodging at hotels, motels, or other +locations, for persons living with HIV/AIDS and household members not +living with HIV/AIDS: Provided further, That, notwithstanding section +856(g) of such Act (42 U.S.C. 12905(g)), a grantee may use up to 6 +percent of its award under this Act for administrative purposes, and a +project sponsor may use up to 10 percent of its sub-award under this +Act for administrative purposes: Provided further, That such amounts +provided under this heading in this Act may be used to cover or +reimburse allowable costs consistent with the purposes of this heading +incurred by a grantee or project sponsor regardless of the date on +which such costs were incurred: Provided further, That any regulatory +waivers the Secretary may issue may be deemed to be effective as of the +date a grantee began preparing for coronavirus: Provided further, That +any additional activities or authorities authorized pursuant to this +Act may also apply at the discretion and upon notice of the Secretary +to all amounts made available under this same heading in Public Law +116-94 if such amounts are used by grantees for the purposes described +under this heading: Provided further, That up to 2 percent of amounts +made available under this heading in this Act may be used, without +competition, to increase prior awards made to existing technical +assistance providers to provide an immediate increase in capacity +building and technical assistance available to grantees under this +heading and under the same heading in prior Acts: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + community development fund + + For an additional amount for ``Community Development Fund'', +$5,000,000,000, to remain available until September 30, 2022, to +prevent, prepare for, and respond to coronavirus: Provided, That up to +$2,000,000,000 of the amount made available under this heading in this +Act shall be distributed pursuant to section 106 of the Housing and +Community Development Act of 1974 (42 U.S.C. 5306) to grantees that +received allocations pursuant to that same formula in fiscal year 2020, +and that such allocations shall be made within 30 days of enactment of +this Act: Provided further, That, in addition to amounts allocated +pursuant to the preceding proviso, an additional $1,000,000,000 shall +be allocated directly to States and insular areas, as defined by 42 +U.S.C. 5302(a), to prevent, prepare for, and respond to coronavirus +within the State or insular area, including activities within +entitlement and nonentitlement communities, based on public health +needs, risk of transmission of coronavirus, number of coronavirus cases +compared to the national average, and economic and housing market +disruptions, and other factors, as determined by the Secretary, using +best available data and that such allocations shall be made within 45 +days of enactment of this Act: Provided further, That remaining +amounts shall be distributed directly to the State or unit of general +local government, at the discretion of the Secretary, according to a +formula based on factors to be determined by the Secretary, +prioritizing risk of transmission of coronavirus, number of coronavirus +cases compared to the national average, and economic and housing market +disruptions resulting from coronavirus: Provided further, That such +allocations may be made on a rolling basis based on the best available +data at the time of allocation: Provided further, That amounts made +available in the preceding provisos may be used to cover or reimburse +allowable costs consistent with the purposes of this heading in this +Act incurred by a State or locality regardless of the date on which +such costs were incurred: Provided further, That section 116(b) of +such Act (42 U.S.C. 5316(b)) and any implementing regulations, which +requires grantees to submit their final statements of activities no +later than August 16 of a given fiscal year, shall not apply to final +statements submitted in accordance with sections 104(a)(2) and (a)(3) +of such Act (42 U.S.C. 5304(a)(2) and (a)(3)) and comprehensive housing +affordability strategies submitted in accordance with section 105 of +the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) +for fiscal years 2019 and 2020: Provided further, That such final +statements and comprehensive housing affordability strategies shall +instead be submitted no later than August 16, 2021: Provided further, +That the Secretary may waive, or specify alternative requirements for, +any provision of any statute or regulation that the Secretary +administers in connection with the use of amounts made available under +this heading in this Act and under the same heading in Public Law 116- +94 and Public Law 116-6 (except for requirements related to fair +housing, nondiscrimination, labor standards, and the environment), upon +a finding by the Secretary that any such waivers or alternative +requirements are necessary to expedite or facilitate the use of such +amounts to prevent, prepare for, and respond to coronavirus: Provided +further, That up to $10,000,000 of amounts made available under this +heading in this Act may be used to make new awards or increase prior +awards to existing technical assistance providers, without competition, +to provide an immediate increase in capacity building and technical +assistance to support the use of amounts made available under this +heading in this Act and under the same heading in prior Acts to +prevent, prepare for, and respond to coronavirus: Provided further, +That, notwithstanding sections 104(a)(2), (a)(3), and (c) of the +Housing and Community Development Act of 1974 (42 U.S.C. 5304(a)(2), +(a)(3), and (c)) and section 105 of the Cranston-Gonzalez National +Affordable Housing Act (42 U.S.C. 12705), a grantee may adopt and +utilize expedited procedures to prepare, propose, modify, or amend its +statement of activities for grants from amounts made available under +this heading in this Act and under the same heading in Public Law 116- +94 and Public Law 116-6: Provided further, That under such expedited +procedures, the grantee need not hold in-person public hearings, but +shall provide citizens with notice and a reasonable opportunity to +comment of no less than 5 days: Provided further, That, for as long as +national or local health authorities recommend social distancing and +limiting public gatherings for public health reasons, a grantee may +create virtual public hearings to fulfill applicable public hearing +requirements for all grants from funds made available under this +heading in this Act and under the same heading in Public Law 116-94 and +Public Law 116-6: Provided further, That any such virtual hearings +shall provide reasonable notification and access for citizens in +accordance with the grantee's certifications, timely responses from +local officials to all citizen questions and issues, and public access +to all questions and responses: Provided further, That, +notwithstanding section 105(a)(8) of the Housing and Community +Development Act of 1974 (42 U.S.C. 5305(a)(8)), there shall be no per +centum limitation for the use of funds for public services activities +to prevent, prepare for, and respond to coronavirus: Provided further, +That the previous proviso shall apply to all such activities for grants +of funds made available under this heading in this Act and under the +same heading in Public Law 116-94 and Public Law 116-6: Provided +further, That the Secretary shall ensure there are adequate procedures +in place to prevent any duplication of benefits as required by section +312 of the Robert T. Stafford Disaster Relief and Emergency Assistance +Act (42 U.S.C. 5155) and in accordance with section 1210 of the +Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; +132 Stat. 3442), which amended section 312 of the Robert T. Stafford +Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155): +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + homeless assistance grants + + For an additional amount for ``Homeless Assistance Grants'', +$4,000,000,000, to remain available until September 30, 2022, to +prevent, prepare for, and respond to coronavirus, among individuals and +families who are homeless or receiving homeless assistance and to +support additional homeless assistance and homelessness prevention +activities to mitigate the impacts created by coronavirus under the +Emergency Solutions Grants program as authorized under subtitle B of +title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 +et seq.), as amended: Provided, That up to $2,000,000,000 of the +amount appropriated under this heading in this Act shall be distributed +pursuant to 24 CFR 576.3 to grantees that received allocations pursuant +to that same formula in fiscal year 2020, and that such allocations +shall be made within 30 days of enactment of this Act: Provided +further, That, remaining amounts shall be allocated directly to a State +or unit of general local government by a formula to be developed by the +Secretary and that such allocations shall be made within 90 days of +enactment of this Act: Provided further, That such formula shall +allocate such amounts for the benefit of unsheltered homeless, +sheltered homeless, and those at risk of homelessness, to geographical +areas with the greatest need based on factors to be determined by the +Secretary, such as risk of transmission of coronavirus, high numbers or +rates of sheltered and unsheltered homeless, and economic and housing +market conditions as determined by the Secretary: Provided further, +That individuals and families whose income does not exceed the Very +Low-Income Limit of the area, as determined by the Secretary, shall be +considered ``at risk of homelessness'' and shall be eligible for +homelessness prevention if they meet the criteria in section 401(1)(B) +and (C) of such Act (42 U.S.C. 11360(1)(B) and (C)): Provided further, +That amounts provided under this heading in this Act may be used to +cover or reimburse allowable costs to prevent, prepare for, and respond +to coronavirus that are incurred by a State or locality, including for +costs incurred prior to the date of enactment of this Act: Provided +further, That recipients may deviate from applicable procurement +standards when procuring goods and services to prevent, prepare for, +and respond to coronavirus: Provided further, That a recipient may use +up to 10 percent of its allocation for administrative purposes: +Provided further, That the use of amounts provided under this heading +in this Act shall not be subject to the consultation, citizen +participation, or match requirements that otherwise apply to the +Emergency Solutions Grants program, except that a recipient must +publish how it has and will utilize its allocation, at a minimum, on +the Internet at the appropriate Government web site or through other +electronic media: Provided further, That the spending cap established +pursuant to section 415(b) of such Act (42 U.S.C. 11374) shall not +apply to amounts provided under this heading in this Act: Provided +further, That amounts provided under this heading in this Act may be +used to provide temporary emergency shelters (through leasing of +existing property, temporary structures, or other means) to prevent, +prepare for, and respond to coronavirus, and that such temporary +emergency shelters shall not be subject to the minimum periods of use +required by section 416(c)(1) of such Act (42 U.S.C. 11375(c)(1)): +Provided further, That Federal habitability and environmental review +standards and requirements shall not apply to the use of such amounts +for those temporary emergency shelters that have been determined by +State or local health officials to be necessary to prevent, prepare +for, and respond to coronavirus: Provided further, That amounts +provided under this heading in this Act may be used for training on +infectious disease prevention and mitigation and to provide hazard pay, +including for time worked prior to the date of enactment of this Act, +for staff working directly to prevent, prepare for, and respond to +coronavirus among persons who are homeless or at risk of homelessness, +and that such activities shall not be considered administrative costs +for purposes of the 10 percent cap: Provided further, That in +administering the amounts made available under this heading in this +Act, the Secretary may waive, or specify alternative requirements for, +any provision of any statute or regulation that the Secretary +administers in connection with the obligation by the Secretary or the +use by the recipient of these amounts (except for requirements related +to fair housing, nondiscrimination, labor standards, and the +environment unless otherwise provided under this paragraph), if the +Secretary finds that good cause exists for the waiver or alternative +requirement and such waiver or alternative requirement is necessary to +prevent, prepare for, and respond to coronavirus: Provided further, +That any such waivers shall be deemed to be effective as of the date a +State or unit of local government began preparing for coronavirus and +shall apply to the use of amounts provided under this heading in this +Act and amounts provided under the same heading for the Emergency +Solutions Grant program in prior Acts used by recipients to prevent, +prepare for, and respond to coronavirus: Provided further, That the +Secretary shall notify the public through the Federal Register or other +appropriate means of any such waiver or alternative requirement, and +that such public notice may be provided, at a minimum, on the Internet +at the appropriate Government web site or through other electronic +media, as determined by the Secretary: Provided further, That any +additional activities or authorities authorized pursuant to this Act, +including any waivers and alternative requirements established by the +Secretary pursuant to this Act, may also apply at the discretion and +upon notice of the Secretary with respect to all amounts made available +for the Emergency Solutions Grants program under the heading ``Homeless +Assistance Grants'' in any prior Act and used by recipients to prevent, +prepare for, and respond to coronavirus: Provided further, That up to +1 percent of amounts made available under this heading in this Act may +be used to make new awards or increase prior awards made to existing +technical assistance providers with experience in providing health care +services to homeless populations, without competition, to provide an +immediate increase in capacity building and technical assistance +available to recipients of amounts for the Emergency Solutions Grants +program under this heading in this Act and under the same heading in +prior Acts: Provided further, That none of the funds provided under +this heading in this Act may be used to require people experiencing +homelessness to receive treatment or perform any other prerequisite +activities as a condition for receiving shelter, housing, or other +services: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Housing Programs + + project-based rental assistance + + For an additional amount for ``Project-Based Rental Assistance'', +$1,000,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus, including to provide additional funds +to maintain normal operations and take other necessary actions during +the period that the program is impacted by coronavirus, for assistance +to owners or sponsors of properties receiving project-based assistance +pursuant to section 8 of the United States Housing Act of 1937 (42 +U.S.C. 1437f et seq.): Provided, That the Secretary may waive, or +specify alternative requirements for, any provision of any statute or +regulation that the Secretary administers in connection with the use of +amounts made available under this heading in this Act (except for +requirements related to fair housing, nondiscrimination, labor +standards, and the environment), upon a finding by the Secretary that +any such waivers or alternative requirements are necessary to expedite +or facilitate the use of such amounts to prevent, prepare for, and +respond to coronavirus, and such waiver or alternative requirement is +consistent with the purposes described under this heading in this Act: +Provided further, That the Secretary shall notify the public through +the Federal Register or other appropriate means of any such waiver or +alternative requirement in order for such waiver or alternative +requirement to take effect, and that such public notice may be +provided, at a minimum, on the Internet at the appropriate Government +web site or through other electronic media, as determined by the +Secretary: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + housing for the elderly + + For an additional amount for ``Housing for the Elderly'', +$50,000,000, to remain available until September 30, 2023, to prevent, +prepare for, and respond to coronavirus, including to provide +additional funds to maintain normal operations and take other necessary +actions during the period that the program is impacted by coronavirus, +for assistance to owners or sponsors of properties receiving project- +based assistance pursuant to section 202 of the Housing Act of 1959 (12 +U.S.C. 1701q), as amended: Provided, That of the amount provided under +this heading in this Act, up to $10,000,000 shall be for service +coordinators and the continuation of existing congregate service grants +for residents of assisted housing projects: Provided further, That the +Secretary may waive, or specify alternative requirements for, any +provision of any statute or regulation that the Secretary administers +in connection with the use of amounts made available under this heading +in this Act (except for requirements related to fair housing, +nondiscrimination, labor standards, and the environment), upon a +finding by the Secretary that any such waivers or alternative +requirements are necessary to expedite or facilitate the use of such +amounts to prevent, prepare for, and respond to coronavirus, and such +waiver or alternative requirement is consistent with the purposes +described under this heading in this Act: Provided further, That the +Secretary shall notify the public through the Federal Register or other +appropriate means of any such waiver or alternative requirement in +order for such waiver or alternative requirement to take effect, and +that such public notice may be provided, at a minimum, on the Internet +at the appropriate Government web site or through other electronic +media, as determined by the Secretary: Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + housing for persons with disabilities + + For an additional amount for ``Housing for Persons with +Disabilities'', $15,000,000, to remain available until September 30, +2023, to prevent, prepare for, and respond to coronavirus, including to +provide additional funds to maintain normal operations and take other +necessary actions during the period that the program is impacted by +coronavirus, for assistance to owners or sponsors of properties +receiving project-based assistance pursuant to section 811 of the +Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as +amended: Provided, That the Secretary may waive, or specify +alternative requirements for, any provision of any statute or +regulation that the Secretary administers in connection with the use of +amounts made available under this heading in this Act (except for +requirements related to fair housing, nondiscrimination, labor +standards, and the environment), upon a finding by the Secretary that +any such waivers or alternative requirements are necessary to expedite +or facilitate the use of such amounts to prevent, prepare for, and +respond to coronavirus, and such waiver or alternative requirement is +consistent with the purposes described under this heading in this Act: +Provided further, That the Secretary shall notify the public through +the Federal Register or other appropriate means of any such waiver or +alternative requirement in order for such waiver or alternative +requirement to take effect, and that such public notice may be +provided, at a minimum, on the Internet at the appropriate Government +web site or through other electronic media, as determined by the +Secretary: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Fair Housing and Equal Opportunity + + fair housing activities + + For an additional amount for ``Fair Housing Activities'', +$2,500,000, to remain available until September 30, 2021, for +contracts, grants, and other assistance, as authorized by title VIII of +the Civil Rights Act of 1968, as amended by the Fair Housing Amendments +Act of 1988, and section 561 of the Housing and Community Development +Act of 1987, to prevent, prepare for, and respond to coronavirus, of +which $1,500,000 shall be for the Fair Housing Assistance Program +Partnership for Special Enforcement grants to address fair housing +issues relating to coronavirus, and $1,000,000 shall be for the Fair +Housing Initiatives Program for education and outreach activities under +such section 561 to educate the public about fair housing issues +related to coronavirus: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Office of Inspector General + + For an additional amount for ``Office of Inspector General'', +$5,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus: Provided, That the funding made +available under this heading in this Act shall be used for conducting +audits and investigations of projects and activities carried out with +funds made available in this Act to the Department of Housing and Urban +Development to prevent, prepare for, and respond to coronavirus: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 22001. Of the amounts made available from the Airport and +Airway Trust Fund for ``Federal Aviation Administration--Operations'' +in title XI of division B of the Bipartisan Budget Act of 2018 (Public +Law 115-123), up to $25,000,000 may be used to prevent, prepare for, +and respond to coronavirus: Provided, That amounts repurposed in this +section that were previously designated by the Congress as an emergency +requirement pursuant to the Balanced Budget and Emergency Deficit +Control Act of 1985 are designated by the Congress as an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + Sec. 22002. For amounts made available by this Act under the +headings ``Northeast Corridor Grants to the National Railroad Passenger +Corporation'' and ``National Network Grants to the National Railroad +Passenger Corporation'', the Secretary of Transportation may not waive +the requirements under section 24312 of title 49, United States Code, +and section 24305(f) of title 49, United States Code: Provided, That +for amounts made available by this Act under such headings the +Secretary shall require the National Railroad Passenger Corporation to +comply with the Railway Retirement Act of 1974 (45 U.S.C. 231 et seq.), +the Railway Labor Act (45 U.S.C. 151 et seq.), and the Railroad +Unemployment Insurance Act (45 U.S.C. 351 et seq.): Provided further, +That not later than 7 days after the date of enactment of this Act and +each subsequent 7 days thereafter, the Secretary shall notify the House +and Senate Committees on Appropriations, the Committee on +Transportation and Infrastructure of the House of Representatives, and +the Committee on Commerce, Science, and Transportation of the Senate of +any National Railroad Passenger Corporation employee furloughs as a +result of efforts to prevent, prepare for, and respond to coronavirus: +Provided further, That in the event of any National Railroad Passenger +Corporation employee furloughs as a result of efforts to prevent, +prepare for, and respond to coronavirus, the Secretary shall require +the National Railroad Passenger Corporation to provide such employees +the opportunity to be recalled to their previously held positions as +intercity passenger rail service is restored to March 1, 2020 levels +and not later than the date on which intercity passenger rail service +has been fully restored to March 1, 2020 levels. + Sec. 22003. For the duration of fiscal year 2020, section +127(i)(1)(A) of title 23, United States Code, shall read as if and +apply to situations in which: the President has declared an emergency +or a major disaster under the Robert T. Stafford Disaster Relief and +Emergency Assistance Act (42 U.S.C. 5121 et seq.). + Sec. 22004. No later than September 30, 2020, the remaining +unobligated balances of funds made available for the youth homelessness +demonstration under the heading ``Department of Housing and Urban +Development--Community Planning and Development--Homeless Assistance +Grants'' in the Consolidated Appropriations Act, 2018 (Public Law 115- +141) are hereby permanently rescinded, and an amount of additional new +budget authority equivalent to the amount rescinded is hereby +appropriated, to remain available until September 30, 2021, in addition +to other funds as may be available for such purposes, and shall be +available, without additional competition, for completing the funding +of awards made pursuant to the fiscal year 2018 youth homelessness +demonstration. + -SEC. 3. BUDGETARY EFFECTS. + highway safety grants emergency authority - (a) Statutory PAYGO Scorecards.--The budgetary effects of this Act -shall not be entered on either PAYGO scorecard maintained pursuant to -section 4(d) of the Statutory Pay-As-You-Go Act of 2010. - (b) Senate PAYGO Scorecards.--The budgetary effects of this Act -shall not be entered on any PAYGO scorecard maintained for purposes of -section 4106 of H. Con. Res. 71 (115th Congress). + Sec. 22005. (a) In General.--The Secretary of Transportation +(referred to in this section as the ``Secretary'') may waive or +postpone any requirement under section 402, 404, 405, or 412 of title +23, United States Code, section 4001 of the FAST Act (Public Law 114- +94; 129 Stat. 1497), or part 1300 of title 23, Code of Federal +Regulations (or successor regulations), if the Secretary determines +that-- + (1) the Coronavirus Disease 2019 (COVID-19) is having a + substantial impact on-- + (A) the ability of States to implement or carry out any + grant, campaign, or program under those provisions; or + (B) the ability of the Secretary to carry out any + responsibility of the Secretary with respect to a grant, + campaign, or program under those provisions; or + (2) the requirements of those provisions are having a + substantial impact on the ability of States or the Secretary to + address the Coronavirus Disease 2019 (COVID-19). + (b) Report.--The Secretary shall periodically submit to the +relevant committees of Congress a report describing-- + (1) each determination made by the Secretary under subsection + (a); and + (2) each waiver or postponement of a requirement under that + subsection. + (c) Emergency Requirement.--The amount provided by this section is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. - Passed the House of Representatives July 17, 2019. + TITLE XIII - Attest: + GENERAL PROVISIONS--THIS ACT - Clerk. -116th CONGRESS + Sec. 23001. Each amount appropriated or made available by this Act +is in addition to amounts otherwise appropriated for the fiscal year +involved. + Sec. 23002. No part of any appropriation contained in this Act +shall remain available for obligation beyond the current fiscal year +unless expressly so provided herein. + Sec. 23003. Unless otherwise provided for by this Act, the +additional amounts appropriated by this Act to appropriations accounts +shall be available under the authorities and conditions applicable to +such appropriations accounts for fiscal year 2020. + Sec. 23004. (a) Subject to subsection (b), and notwithstanding any +other provision of law, funds made available in this Act, or +transferred pursuant to authorization granted in this Act, may only be +used to prevent, prepare for, and respond to coronavirus. + (b) Subsection (a) shall not apply to sections 11002, 13002, and +18114 of this Act, reimbursements made pursuant to authority in this +Act, or to funds made available in this Act for the Emergency Reserve +Fund, established pursuant to section 7058(c)(1) of division J of +Public Law 115-31, or to funds made available in this Act for the +Infectious Diseases Rapid Response Reserve Fund, established pursuant +to section 231 of division B of Public Law 115-245. + (c) This section shall not apply to title VI of this Act. + Sec. 23005. In this Act, the term ``coronavirus'' means SARS-CoV-2 +or another coronavirus with pandemic potential. + Sec. 23006. Each amount designated in this Act by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985 shall +be available (or rescinded or transferred, if applicable) only if the +President subsequently so designates all such amounts and transmits +such designations to the Congress. + Sec. 23007. Any amount appropriated by this Act, designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985 and subsequently so designated by the President, and +transferred pursuant to transfer authorities provided by this Act shall +retain such designation. - 1st Session - H. R. 748 + budgetary effects -_______________________________________________________________________ + Sec. 23008. (a) Statutory PAYGO Scorecards.--The budgetary effects +of this division shall not be entered on either PAYGO scorecard +maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act +of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of this +division shall not be entered on any PAYGO scorecard maintained for +purposes of section 4106 of H. Con. Res. 71 (115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and +Emergency Deficit Control Act of 1985, the budgetary effects of this +division shall be estimated for purposes of section 251 of such Act. + (d) Ensuring No Within-Session Sequestration.--Solely for the +purpose of calculating a breach within a category for fiscal year 2020 +pursuant to section 251(a)(6) or section 254(g) of the Balanced Budget +and Emergency Deficit Control Act of 1985, and notwithstanding any +other provision of this division, the budgetary effects from this +division shall be counted as amounts designated as being for an +emergency requirement pursuant to section 251(b)(2)(A) of such Act. + This division may be cited as the ``Emergency Appropriations for +Coronavirus Health Response and Agency Operations''. - AN ACT + Speaker of the House of Representatives. -To amend the Internal Revenue Code of 1986 to repeal the excise tax on - high cost employer-sponsored health coverage. + Vice President of the United States and + President of the Senate. From 0521b66639a4aaa8df8d466330908684d0f2207a Mon Sep 17 00:00:00 2001 From: "Rep. King, Peter T. [R-NY-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 062/984] House-776: Introduced to House --- bills_text/House-776.txt | 45 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-776.txt diff --git a/bills_text/House-776.txt b/bills_text/House-776.txt new file mode 100644 index 0000000..2792766 --- /dev/null +++ b/bills_text/House-776.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 776 + + To amend the Public Health Service Act to reauthorize the Emergency + Medical Services for Children program. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 24, 2019 + + Mr. King of New York (for himself, Ms. Castor of Florida, Mr. +Butterfield, and Mr. Stewart) introduced the following bill; which was + referred to the Committee on Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + + To amend the Public Health Service Act to reauthorize the Emergency + Medical Services for Children program. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Emergency Medical Services for +Children Program Reauthorization Act of 2019''. + +SEC. 2. REAUTHORIZATION OF THE EMERGENCY MEDICAL SERVICES FOR CHILDREN + PROGRAM. + + Section 1910(d) of the Public Health Service Act (42 U.S.C. 300w- +9(d)) is amended-- + (1) by striking ``2014, and'' and inserting ``2014,''; and + (2) by inserting before the period the following: ``, and + $22,334,000 for each of fiscal years 2020 through 2024''. + \ No newline at end of file From 009909c0edad02fab9ecf4e5427cfbda5e48575f Mon Sep 17 00:00:00 2001 From: "Rep. King, Peter T. [R-NY-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 063/984] House-776: Engrossed in House --- bills_text/House-776.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/House-776.txt b/bills_text/House-776.txt index 2792766..21a17ea 100644 --- a/bills_text/House-776.txt +++ b/bills_text/House-776.txt @@ -2,24 +2,9 @@ 1st Session H. R. 776 - To amend the Public Health Service Act to reauthorize the Emergency - Medical Services for Children program. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 24, 2019 - - Mr. King of New York (for himself, Ms. Castor of Florida, Mr. -Butterfield, and Mr. Stewart) introduced the following bill; which was - referred to the Committee on Energy and Commerce - _______________________________________________________________________ - A BILL + AN ACT @@ -42,4 +27,21 @@ SEC. 2. REAUTHORIZATION OF THE EMERGENCY MEDICAL SERVICES FOR CHILDREN (1) by striking ``2014, and'' and inserting ``2014,''; and (2) by inserting before the period the following: ``, and $22,334,000 for each of fiscal years 2020 through 2024''. - \ No newline at end of file + + Passed the House of Representatives July 24, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 776 + +_______________________________________________________________________ + + AN ACT + + To amend the Public Health Service Act to reauthorize the Emergency + Medical Services for Children program. From 82b955bdda9242f177ba49bd97ac429dc86f1f13 Mon Sep 17 00:00:00 2001 From: "Rep. King, Peter T. [R-NY-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 064/984] House-776: Received in Senate --- bills_text/House-776.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-776.txt b/bills_text/House-776.txt index 21a17ea..6faf423 100644 --- a/bills_text/House-776.txt +++ b/bills_text/House-776.txt @@ -2,6 +2,16 @@ 1st Session H. R. 776 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 25, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -32,16 +42,6 @@ SEC. 2. REAUTHORIZATION OF THE EMERGENCY MEDICAL SERVICES FOR CHILDREN Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 1st Session - - H. R. 776 - -_______________________________________________________________________ - - AN ACT - - To amend the Public Health Service Act to reauthorize the Emergency - Medical Services for Children program. + Clerk. From 551a96891d9d1ef6221657f1a1798eefe65fe1c8 Mon Sep 17 00:00:00 2001 From: "Rep. King, Peter T. [R-NY-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 065/984] House-776: Enrolled --- bills_text/House-776.txt | 38 +++++++++++++++----------------------- 1 file changed, 15 insertions(+), 23 deletions(-) diff --git a/bills_text/House-776.txt b/bills_text/House-776.txt index 6faf423..17489c3 100644 --- a/bills_text/House-776.txt +++ b/bills_text/House-776.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 776 + H.R.776 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 25, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act @@ -23,25 +22,18 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Emergency Medical Services for Children Program Reauthorization Act of 2019''. - SEC. 2. REAUTHORIZATION OF THE EMERGENCY MEDICAL SERVICES FOR CHILDREN - PROGRAM. - +PROGRAM. Section 1910(d) of the Public Health Service Act (42 U.S.C. 300w- 9(d)) is amended-- - (1) by striking ``2014, and'' and inserting ``2014,''; and - (2) by inserting before the period the following: ``, and - $22,334,000 for each of fiscal years 2020 through 2024''. - - Passed the House of Representatives July 24, 2019. - - Attest: + (1) by striking ``2014, and'' and inserting ``2014,''; and + (2) by inserting before the period the following: ``, and + $22,334,000 for each of fiscal years 2020 through 2024''. - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From da6f7fe095e07f3145771a0057bdb450fed30bb7 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 066/984] House-777: Introduced to House --- bills_text/House-777.txt | 58 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 58 insertions(+) create mode 100644 bills_text/House-777.txt diff --git a/bills_text/House-777.txt b/bills_text/House-777.txt new file mode 100644 index 0000000..9fcf18b --- /dev/null +++ b/bills_text/House-777.txt @@ -0,0 +1,58 @@ +116th CONGRESS + 1st Session + H. R. 777 + + To reauthorize programs authorized under the Debbie Smith Act of 2004. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 24, 2019 + +Mrs. Carolyn B. Maloney of New York (for herself, Mrs. Wagner, and Mr. + Cohen) introduced the following bill; which was referred to the + Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To reauthorize programs authorized under the Debbie Smith Act of 2004. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Debbie Smith Reauthorization Act of +2019''. + +SEC. 2. REAUTHORIZATION. + + Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (34 +U.S.C. 40701) is amended-- + (1) in subsection (c)(3)-- + (A) in subparagraph (B), by striking ``2014 through + 2019'' and inserting ``2019 through 2024''; and + (B) in subparagraph (C), by striking ``2014 through + 2019'' and inserting ``2019 through 2024''; and + (2) in subsection (j), by striking ``2015 through 2019'' + and inserting ``2019 through 2024''. + +SEC. 3. TRAINING AND EDUCATION. + + Section 303(b) of the DNA Sexual Assault Justice Act of 2004 (34 +U.S.C. 40722(b)) is amended by striking ``2015 through 2019'' and +inserting ``2019 through 2024''. + +SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS. + + Section 304(d) of the DNA Sexual Assault Justice Act of 2004 (34 +U.S.C. 40723(d)) is amended by striking ``2015 through 2019'' and +inserting ``2019 through 2024''. + \ No newline at end of file From 22eabf42360ed2f2a12e1916868c9fc9e77441b4 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 067/984] House-777: Engrossed in House --- bills_text/House-777.txt | 55 +++++++++++++++++++++++++++------------- 1 file changed, 37 insertions(+), 18 deletions(-) diff --git a/bills_text/House-777.txt b/bills_text/House-777.txt index 9fcf18b..e5fcaf7 100644 --- a/bills_text/House-777.txt +++ b/bills_text/House-777.txt @@ -2,23 +2,9 @@ 1st Session H. R. 777 - To reauthorize programs authorized under the Debbie Smith Act of 2004. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 24, 2019 - -Mrs. Carolyn B. Maloney of New York (for herself, Mrs. Wagner, and Mr. - Cohen) introduced the following bill; which was referred to the - Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -36,12 +22,29 @@ SEC. 2. REAUTHORIZATION. Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40701) is amended-- - (1) in subsection (c)(3)-- + (1) in subsection (a)-- + (A) in paragraph (2), by striking ``including'' and + inserting ``prioritizing, to the extent practicable + consistent with public safety considerations''; and + (B) in paragraph (8), by striking ``including'' and + inserting ``in particular,''; + (2) in subsection (b)-- + (A) in paragraph (6), by striking ``and'' at the + end; + (B) in paragraph (7), by striking the period at the + end and inserting ``; and''; and + (C) by adding at the end the following: + ``(8) provide assurances that the DNA section of the + laboratory to be used to conduct DNA analyses has a written + policy that prioritizes the analysis of, to the extent + practicable consistent with public safety considerations, + samples from homicides and sexual assaults.''; + (3) in subsection (c)(3)-- (A) in subparagraph (B), by striking ``2014 through 2019'' and inserting ``2019 through 2024''; and (B) in subparagraph (C), by striking ``2014 through 2019'' and inserting ``2019 through 2024''; and - (2) in subsection (j), by striking ``2015 through 2019'' + (4) in subsection (j), by striking ``2015 through 2019'' and inserting ``2019 through 2024''. SEC. 3. TRAINING AND EDUCATION. @@ -55,4 +58,20 @@ SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS. Section 304(d) of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723(d)) is amended by striking ``2015 through 2019'' and inserting ``2019 through 2024''. - \ No newline at end of file + + Passed the House of Representatives October 23, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 777 + +_______________________________________________________________________ + + AN ACT + + To reauthorize programs authorized under the Debbie Smith Act of 2004. From 1ed5fed52980959c670f000f26dad1328030c2ce Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 068/984] House-777: Received in Senate --- bills_text/House-777.txt | 23 ++++++++++++----------- 1 file changed, 12 insertions(+), 11 deletions(-) diff --git a/bills_text/House-777.txt b/bills_text/House-777.txt index e5fcaf7..5ffd57c 100644 --- a/bills_text/House-777.txt +++ b/bills_text/House-777.txt @@ -2,6 +2,16 @@ 1st Session H. R. 777 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 28, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -63,15 +73,6 @@ inserting ``2019 through 2024''. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 777 - -_______________________________________________________________________ + CHERYL L. JOHNSON, - AN ACT - - To reauthorize programs authorized under the Debbie Smith Act of 2004. + Clerk. From 5eb14dd37f417fc807ab79d8e84f7d17879f71ab Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 069/984] House-777: Enrolled --- bills_text/House-777.txt | 81 +++++++++++++++++----------------------- 1 file changed, 34 insertions(+), 47 deletions(-) diff --git a/bills_text/House-777.txt b/bills_text/House-777.txt index 5ffd57c..0623089 100644 --- a/bills_text/House-777.txt +++ b/bills_text/House-777.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 777 + H.R.777 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - October 28, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act @@ -22,57 +21,45 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Debbie Smith Reauthorization Act of 2019''. - SEC. 2. REAUTHORIZATION. - Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40701) is amended-- - (1) in subsection (a)-- - (A) in paragraph (2), by striking ``including'' and - inserting ``prioritizing, to the extent practicable - consistent with public safety considerations''; and - (B) in paragraph (8), by striking ``including'' and - inserting ``in particular,''; - (2) in subsection (b)-- - (A) in paragraph (6), by striking ``and'' at the - end; - (B) in paragraph (7), by striking the period at the - end and inserting ``; and''; and - (C) by adding at the end the following: - ``(8) provide assurances that the DNA section of the - laboratory to be used to conduct DNA analyses has a written - policy that prioritizes the analysis of, to the extent - practicable consistent with public safety considerations, - samples from homicides and sexual assaults.''; - (3) in subsection (c)(3)-- - (A) in subparagraph (B), by striking ``2014 through - 2019'' and inserting ``2019 through 2024''; and - (B) in subparagraph (C), by striking ``2014 through - 2019'' and inserting ``2019 through 2024''; and - (4) in subsection (j), by striking ``2015 through 2019'' - and inserting ``2019 through 2024''. - + (1) in subsection (a)-- + (A) in paragraph (2), by striking ``including'' and + inserting ``prioritizing, to the extent practicable consistent + with public safety considerations''; and + (B) in paragraph (8), by striking ``including'' and + inserting ``in particular,''; + (2) in subsection (b)-- + (A) in paragraph (6), by striking ``and'' at the end; + (B) in paragraph (7), by striking the period at the end and + inserting ``; and''; and + (C) by adding at the end the following: + ``(8) provide assurances that the DNA section of the laboratory + to be used to conduct DNA analyses has a written policy that + prioritizes the analysis of, to the extent practicable consistent + with public safety considerations, samples from homicides and + sexual assaults.''; + (3) in subsection (c)(3)-- + (A) in subparagraph (B), by striking ``2014 through 2019'' + and inserting ``2019 through 2024''; and + (B) in subparagraph (C), by striking ``2014 through 2019'' + and inserting ``2019 through 2024''; and + (4) in subsection (j), by striking ``2015 through 2019'' and + inserting ``2019 through 2024''. SEC. 3. TRAINING AND EDUCATION. - Section 303(b) of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40722(b)) is amended by striking ``2015 through 2019'' and inserting ``2019 through 2024''. - SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS. - Section 304(d) of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723(d)) is amended by striking ``2015 through 2019'' and inserting ``2019 through 2024''. - Passed the House of Representatives October 23, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From d79cf0f8481024f100f50abe0c1199c86bd044b1 Mon Sep 17 00:00:00 2001 From: "Rep. Zeldin, Lee M. [R-NY-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 070/984] House-828: Introduced to House --- bills_text/House-828.txt | 49 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 49 insertions(+) create mode 100644 bills_text/House-828.txt diff --git a/bills_text/House-828.txt b/bills_text/House-828.txt new file mode 100644 index 0000000..dd32fb3 --- /dev/null +++ b/bills_text/House-828.txt @@ -0,0 +1,49 @@ +116th CONGRESS + 1st Session + H. R. 828 + + To designate the facility of the United States Postal Service located + at 25 Route 111 in Smithtown, New York, as the ``Congressman Bill + Carney Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 28, 2019 + +Mr. Zeldin (for himself, Mr. King of New York, Mr. Suozzi, Miss Rice of +New York, Mr. Meeks, Ms. Meng, Ms. Velazquez, Mr. Jeffries, Ms. Clarke +of New York, Mr. Nadler, Mr. Rose of New York, Mrs. Carolyn B. Maloney +of New York, Mr. Espaillat, Ms. Ocasio-Cortez, Mr. Serrano, Mr. Engel, + Mrs. Lowey, Mr. Sean Patrick Maloney of New York, Mr. Delgado, Mr. + Tonko, Ms. Stefanik, Mr. Brindisi, Mr. Reed, Mr. Katko, Mr. Morelle, + Mr. Higgins of New York, and Mr. Collins of New York) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 25 Route 111 in Smithtown, New York, as the ``Congressman Bill + Carney Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. CONGRESSMAN BILL CARNEY POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 25 Route 111 in Smithtown, New York, shall be known and +designated as the ``Congressman Bill Carney Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the +``Congressman Bill Carney Post Office''. + \ No newline at end of file From 75e63540abc5325fbe44d3c01e88f9374d70deb2 Mon Sep 17 00:00:00 2001 From: "Rep. Zeldin, Lee M. [R-NY-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 071/984] House-828: Engrossed in House --- bills_text/House-828.txt | 44 ++++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 24 deletions(-) diff --git a/bills_text/House-828.txt b/bills_text/House-828.txt index dd32fb3..b2ad03e 100644 --- a/bills_text/House-828.txt +++ b/bills_text/House-828.txt @@ -2,31 +2,9 @@ 1st Session H. R. 828 - To designate the facility of the United States Postal Service located - at 25 Route 111 in Smithtown, New York, as the ``Congressman Bill - Carney Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 28, 2019 - -Mr. Zeldin (for himself, Mr. King of New York, Mr. Suozzi, Miss Rice of -New York, Mr. Meeks, Ms. Meng, Ms. Velazquez, Mr. Jeffries, Ms. Clarke -of New York, Mr. Nadler, Mr. Rose of New York, Mrs. Carolyn B. Maloney -of New York, Mr. Espaillat, Ms. Ocasio-Cortez, Mr. Serrano, Mr. Engel, - Mrs. Lowey, Mr. Sean Patrick Maloney of New York, Mr. Delgado, Mr. - Tonko, Ms. Stefanik, Mr. Brindisi, Mr. Reed, Mr. Katko, Mr. Morelle, - Mr. Higgins of New York, and Mr. Collins of New York) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -46,4 +24,22 @@ designated as the ``Congressman Bill Carney Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Congressman Bill Carney Post Office''. - \ No newline at end of file + + Passed the House of Representatives April 30, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 828 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 25 Route 111 in Smithtown, New York, as the ``Congressman Bill + Carney Post Office''. From 252f93d7339420242bd68811870ecf3669c16be7 Mon Sep 17 00:00:00 2001 From: "Rep. Zeldin, Lee M. [R-NY-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 072/984] House-828: Enrolled --- bills_text/House-828.txt | 47 +++++++++++++++++----------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-828.txt b/bills_text/House-828.txt index b2ad03e..575497d 100644 --- a/bills_text/House-828.txt +++ b/bills_text/House-828.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 828 + H.R.828 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 25 Route 111 in Smithtown, New York, as the ``Congressman Bill - Carney Post Office''. +To designate the facility of the United States Postal Service located at + 25 Route 111 in Smithtown, New York, as the ``Congressman Bill Carney + Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. CONGRESSMAN BILL CARNEY POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 25 Route 111 in Smithtown, New York, shall be known and designated as the ``Congressman Bill Carney Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Congressman Bill Carney Post Office''. - Passed the House of Representatives April 30, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 828 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 25 Route 111 in Smithtown, New York, as the ``Congressman Bill - Carney Post Office''. + Vice President of the United States and + President of the Senate. From 31fe8d7c0dfe8701b45ae3820e56a9c5dbeaebe9 Mon Sep 17 00:00:00 2001 From: "Rep. Zeldin, Lee M. [R-NY-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 073/984] House-829: Introduced to House --- bills_text/House-829.txt | 50 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 50 insertions(+) create mode 100644 bills_text/House-829.txt diff --git a/bills_text/House-829.txt b/bills_text/House-829.txt new file mode 100644 index 0000000..4730df9 --- /dev/null +++ b/bills_text/House-829.txt @@ -0,0 +1,50 @@ +116th CONGRESS + 1st Session + H. R. 829 + + To designate the facility of the United States Postal Service located + at 1450 Montauk Highway in Mastic, New York, as the ``Army Specialist + Thomas J. Wilwerth Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 28, 2019 + +Mr. Zeldin (for himself, Mr. King of New York, Mr. Suozzi, Miss Rice of +New York, Mr. Meeks, Ms. Meng, Ms. Velazquez, Mr. Jeffries, Ms. Clarke +of New York, Mr. Nadler, Mr. Rose of New York, Mrs. Carolyn B. Maloney +of New York, Mr. Espaillat, Ms. Ocasio-Cortez, Mr. Serrano, Mr. Engel, + Mrs. Lowey, Mr. Sean Patrick Maloney of New York, Mr. Delgado, Mr. + Tonko, Ms. Stefanik, Mr. Brindisi, Mr. Reed, Mr. Katko, Mr. Morelle, + Mr. Higgins of New York, and Mr. Collins of New York) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 1450 Montauk Highway in Mastic, New York, as the ``Army Specialist + Thomas J. Wilwerth Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. ARMY SPECIALIST THOMAS J. WILWERTH POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 1450 Montauk Highway in Mastic, New York, shall be known and +designated as the ``Army Specialist Thomas J. Wilwerth Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Army +Specialist Thomas J. Wilwerth Post Office Building''. + \ No newline at end of file From 487519b2593d1ff0e1daf6f29c66e2ed031cdf56 Mon Sep 17 00:00:00 2001 From: "Rep. Zeldin, Lee M. [R-NY-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 074/984] House-829: Engrossed in House --- bills_text/House-829.txt | 44 ++++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 24 deletions(-) diff --git a/bills_text/House-829.txt b/bills_text/House-829.txt index 4730df9..9f2745a 100644 --- a/bills_text/House-829.txt +++ b/bills_text/House-829.txt @@ -2,31 +2,9 @@ 1st Session H. R. 829 - To designate the facility of the United States Postal Service located - at 1450 Montauk Highway in Mastic, New York, as the ``Army Specialist - Thomas J. Wilwerth Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 28, 2019 - -Mr. Zeldin (for himself, Mr. King of New York, Mr. Suozzi, Miss Rice of -New York, Mr. Meeks, Ms. Meng, Ms. Velazquez, Mr. Jeffries, Ms. Clarke -of New York, Mr. Nadler, Mr. Rose of New York, Mrs. Carolyn B. Maloney -of New York, Mr. Espaillat, Ms. Ocasio-Cortez, Mr. Serrano, Mr. Engel, - Mrs. Lowey, Mr. Sean Patrick Maloney of New York, Mr. Delgado, Mr. - Tonko, Ms. Stefanik, Mr. Brindisi, Mr. Reed, Mr. Katko, Mr. Morelle, - Mr. Higgins of New York, and Mr. Collins of New York) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -47,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Army Specialist Thomas J. Wilwerth Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives April 4, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 829 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 1450 Montauk Highway in Mastic, New York, as the ``Army Specialist + Thomas J. Wilwerth Post Office Building''. From e690ff62c169c43d438c21fdea24bd5ccd9c4d5e Mon Sep 17 00:00:00 2001 From: "Rep. Zeldin, Lee M. [R-NY-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 075/984] House-829: Enrolled --- bills_text/House-829.txt | 45 +++++++++++++++++----------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-829.txt b/bills_text/House-829.txt index 9f2745a..d4270bb 100644 --- a/bills_text/House-829.txt +++ b/bills_text/House-829.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 829 + H.R.829 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 1450 Montauk Highway in Mastic, New York, as the ``Army Specialist +To designate the facility of the United States Postal Service located at + 1450 Montauk Highway in Mastic, New York, as the ``Army Specialist Thomas J. Wilwerth Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. ARMY SPECIALIST THOMAS J. WILWERTH POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 1450 Montauk Highway in Mastic, New York, shall be known and designated as the ``Army Specialist Thomas J. Wilwerth Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Army Specialist Thomas J. Wilwerth Post Office Building''. - Passed the House of Representatives April 4, 2019. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 829 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located - at 1450 Montauk Highway in Mastic, New York, as the ``Army Specialist - Thomas J. Wilwerth Post Office Building''. + Vice President of the United States and + President of the Senate. From 4e1cd40663026a9a537435986d633d0f13cb569d Mon Sep 17 00:00:00 2001 From: "Rep. Cicilline, David N. [D-RI-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 076/984] House-831: Introduced to House --- bills_text/House-831.txt | 54 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 54 insertions(+) create mode 100644 bills_text/House-831.txt diff --git a/bills_text/House-831.txt b/bills_text/House-831.txt new file mode 100644 index 0000000..bfcfc27 --- /dev/null +++ b/bills_text/House-831.txt @@ -0,0 +1,54 @@ +116th CONGRESS + 1st Session + H. R. 831 + + To direct the Secretary of Transportation to request nominations for + and make determinations regarding roads to be designated under the + national scenic byways program, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 29, 2019 + +Mr. Cicilline (for himself and Mr. Graves of Louisiana) introduced the + following bill; which was referred to the Committee on Transportation + and Infrastructure + +_______________________________________________________________________ + + A BILL + + + + To direct the Secretary of Transportation to request nominations for + and make determinations regarding roads to be designated under the + national scenic byways program, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Reviving America's Scenic Byways Act +of 2019''. + +SEC. 2. NATIONAL SCENIC BYWAYS PROGRAM. + + (a) Request for Nominations.--Not later than 90 days after the date +of enactment of this Act, the Secretary of Transportation shall issue a +request for nominations with respect to roads to be designated under +the national scenic byways program, as described in section 162(a) of +title 23, United States Code. The Secretary shall make the request for +nominations available on the appropriate website of the Department of +Transportation. + (b) Designation Determinations.--Not later than 1 year after the +date on which the request for nominations required under subsection (a) +is issued, the Secretary shall make publicly available on the +appropriate website of the Department of Transportation a list +specifying the roads, nominated pursuant to such request, to be +designated under the national scenic byways program. + \ No newline at end of file From d3f14d70aba8b1b74e7442cc32aee15421264df5 Mon Sep 17 00:00:00 2001 From: "Rep. Cicilline, David N. [D-RI-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 077/984] House-831: Engrossed in House --- bills_text/House-831.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-831.txt b/bills_text/House-831.txt index bfcfc27..918e735 100644 --- a/bills_text/House-831.txt +++ b/bills_text/House-831.txt @@ -2,25 +2,9 @@ 1st Session H. R. 831 - To direct the Secretary of Transportation to request nominations for - and make determinations regarding roads to be designated under the - national scenic byways program, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 29, 2019 - -Mr. Cicilline (for himself and Mr. Graves of Louisiana) introduced the - following bill; which was referred to the Committee on Transportation - and Infrastructure - -_______________________________________________________________________ - - A BILL + AN ACT @@ -51,4 +35,22 @@ is issued, the Secretary shall make publicly available on the appropriate website of the Department of Transportation a list specifying the roads, nominated pursuant to such request, to be designated under the national scenic byways program. - \ No newline at end of file + + Passed the House of Representatives February 6, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 831 + +_______________________________________________________________________ + + AN ACT + + To direct the Secretary of Transportation to request nominations for + and make determinations regarding roads to be designated under the + national scenic byways program, and for other purposes. From 94ab17446d0a5993452e2da94a4ce87bd09ce58b Mon Sep 17 00:00:00 2001 From: "Rep. Cicilline, David N. [D-RI-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 078/984] House-831: Enrolled --- bills_text/House-831.txt | 49 ++++++++++++++++------------------------ 1 file changed, 20 insertions(+), 29 deletions(-) diff --git a/bills_text/House-831.txt b/bills_text/House-831.txt index 918e735..55e3e96 100644 --- a/bills_text/House-831.txt +++ b/bills_text/House-831.txt @@ -1,27 +1,32 @@ -116th CONGRESS - 1st Session - H. R. 831 + H.R.831 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To direct the Secretary of Transportation to request nominations for - and make determinations regarding roads to be designated under the - national scenic byways program, and for other purposes. +To direct the Secretary of Transportation to request nominations for and +make determinations regarding roads to be designated under the national + scenic byways program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Reviving America's Scenic Byways Act of 2019''. - SEC. 2. NATIONAL SCENIC BYWAYS PROGRAM. - (a) Request for Nominations.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall issue a request for nominations with respect to roads to be designated under @@ -36,21 +41,7 @@ appropriate website of the Department of Transportation a list specifying the roads, nominated pursuant to such request, to be designated under the national scenic byways program. - Passed the House of Representatives February 6, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 831 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To direct the Secretary of Transportation to request nominations for - and make determinations regarding roads to be designated under the - national scenic byways program, and for other purposes. + Vice President of the United States and + President of the Senate. From f4e029f90bf62b7f80171e8509cd4121bdbb1208 Mon Sep 17 00:00:00 2001 From: "Rep. Jackson Lee, Sheila [D-TX-18]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 079/984] House-835: Introduced to House --- bills_text/House-835.txt | 256 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 256 insertions(+) create mode 100644 bills_text/House-835.txt diff --git a/bills_text/House-835.txt b/bills_text/House-835.txt new file mode 100644 index 0000000..934f8d6 --- /dev/null +++ b/bills_text/House-835.txt @@ -0,0 +1,256 @@ +116th CONGRESS + 1st Session + H. R. 835 + + To impose criminal sanctions on certain persons involved in + international doping fraud conspiracies, to provide restitution for + victims of such conspiracies, and to require sharing of information + with the United States Anti-Doping Agency to assist its fight against + doping, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 29, 2019 + + Ms. Jackson Lee (for herself, Mr. Burgess, Mr. Cohen, Mr. Hudson, Ms. + DeGette, Mr. King of New York, Mr. Hastings, Mr. Long, Mr. Johnson of + Georgia, Mr. Smith of New Jersey, Ms. Moore, Mr. Rush, and Mr. Tonko) + introduced the following bill; which was referred to the Committee on +the Judiciary, and in addition to the Committee on Energy and Commerce, +for a period to be subsequently determined by the Speaker, in each case +for consideration of such provisions as fall within the jurisdiction of + the committee concerned + +_______________________________________________________________________ + + A BILL + + + + To impose criminal sanctions on certain persons involved in + international doping fraud conspiracies, to provide restitution for + victims of such conspiracies, and to require sharing of information + with the United States Anti-Doping Agency to assist its fight against + doping, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Rodchenkov Anti-Doping Act of +2019''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Doping fraud conspiracies which affect the results of + Major International Sport Competitions harm the clean athletes, + including the United States athletes, who participate in those + competitions by denying them their due recognition and economic + rewards. + (2) Doping fraud conspiracies which affect the results of + Major International Sport Competitions also harm the sponsors + of clean athletes, including United States sponsors, whose + sponsored athletes participate in these competitions by denying + the sponsors the recognition they would have received had their + sponsored athletes not been cheated out of their rightful + placement by doped competitors. + (3) Doping fraud conspiracies which affect the results of + Major International Sport Competitions also harm the sponsors + of those competitions by debasing the legitimacy of the product + which they have paid to sponsor. + (4) Doping fraud conspiracies which affect the results of + Major International Sport Competitions also harm the media + companies which broadcast those competitions by debasing the + legitimacy of the product which they have paid to broadcast. + (5) Doping fraud conspiracies which affect the results of + Major International Sport Competitions also harm the general + public who pay to watch these competitions in the expectation + that they will be fair competitions competed on a level playing + field. + (6) Doping fraud conspiracies which affect the results of + Major International Sport Competitions also hurt the sport + organizations whose athletes participate in those competitions + because their supporters assume that the competitions in which + the athletes participate are fair competitions which embody the + fundamental social values of sport and not sham exhibitions + rigged in favor of cheaters who dope. + (7) Doping fraud conspiracies in Major International + Sporting Competitions undermine the integrity and value of not + only those events but all organized sport around the world, + including the United States. + (8) The economic impact of sport in the United States + economy exceeds over $500,000,000,000 yearly. Doping fraud + conspiracies in Major International Sport Competitions + seriously threaten the value of that sector of the United + States economy. + (9) Doping fraud conspiracies often beget other illegal + activity, including bribery and money laundering. + (10) The World Anti-Doping Code, which first went into + effect in 2003, has been an effective tool in the fight against + international doping by significantly harmonizing the anti- + doping rules of sport and the national laws of those countries + which address sport doping through legislation. + (11) On August 25, 2003, the United States ratified the + Convention. As a party to the Convention, the United States has + agreed to ``adopt appropriate measures at the national and + international levels which are consistent with the Code . . . + In abiding by the obligations contained in this Convention, + each State Party undertakes to adopt appropriate measures. Such + measures may include legislation, regulation, policies or + administrative practices.'' + (12) USADA was recognized by Congress, under the United + States Anti-Doping Agency Reauthorization Act (Public Law 113- + 280; 128 Stat. 3020), as the independent anti-doping + organization for the amateur athletic competitions recognized + by the United States Olympic Committee. Both USADA and the + United States Olympic Committee are Signatories to the World + Anti-Doping Code. + (13) The mission of USADA is to preserve the integrity of + competition, inspire true sport, and protect the rights of + athletes. + (14) As a party to the Convention, the United States has + also agreed to ``insure the application of the present + Convention, notably through domestic coordination. To meet + their obligations under [the] Convention, States Parties may + rely on Anti-Doping Organizations as well as sports authorities + and organizations.'' Because USADA does not have search and + seizure or subpoena powers, this cooperation by Federal + agencies is very important to USADA in carrying out its + mission. + (15) Existing criminal statutes, such as conspiracy to + commit wire fraud and conspiracy to commit mail fraud, have + been important tools used by United States law enforcement + agencies to fight corruption in connection with some Major + International Sport Competitions. However, in other + international sporting events, the facts of a doping fraud + conspiracy may not support the use of existing laws. As is + evident from the recent exposure of the doping fraud conspiracy + in Russia involving the Sochi Olympic Games and other Major + International Sport Competitions before and after such Olympic + Games, whistleblowers, including Dr. Grigory Rodchenkov and + Yuliya and Vitaliy Stepanov, can play a critical role in + exposing doping fraud conspiracies and other fraudulent acts in + international sport. + (16) These whistleblowers, including Dr. Grigory Rodchenkov + and Yuliya and Vitaliy Stepanov, often expose major + international doping fraud conspiracies at considerable + personal risk. By criminalizing these conspiracies, such + whistleblowers will be included under existing witness and + informant protection laws. + +SEC. 3. DEFINITIONS. + + (1) Anti-doping organization.--The term ``anti-doping + organization'' has the meaning given the term in Article 2 of + the Convention. + (2) Athlete.--The term ``athlete'' has the meaning given + the term in Article 2 of the Convention. + (3) Code.--The term ``Code'' means the World Anti-Doping + Code most recently adopted by WADA on March 5, 2003. + (4) Convention.--The term ``Convention'' means the United + Nations Educational, Scientific, and Cultural Organization + International Convention Against Doping in Sport done at Paris + October 19, 2005, and ratified by the United States in 2008. + (5) Major international sport competition.--The term + ``Major International Sport Competition'' means-- + (A) a competition in which-- + (i) 1 or more United States athletes and 3 + or more athletes from other countries + participate; and + (ii)(I) the competition organizer or + sanctioning body receives sponsorship or other + financial support from an organization doing + business in the United States; or + (II) the competition organizer or + sanctioning body receives compensation for the + right to broadcast the competition in the + United States; and + (B) includes a competition that is a single event + or a competition that consists of a series of events + held at different times which, when combined, qualify + an athlete or team for an award or other recognition. + (6) Person.--The term ``person'' means any individual, + partnership, corporation, association, or other entity. + (7) Prohibited method.--The term ``prohibited method'' has + the meaning given the term in Article 2 of the Convention. + (8) Prohibited substance.--The term ``prohibited + substance'' has the meaning given the term in Article 2 of the + Convention. + (9) Scheme in commerce.--The term ``scheme in commerce'' + means any scheme effectuated in whole or in part through the + use in interstate or foreign commerce of any facility for + transportation or communication. + (10) USADA.--The term ``USADA'' means the United States + Anti-Doping Agency. + (11) WADA.--The term ``WADA'' means the World Anti-Doping + Agency. + +SEC. 4. MAJOR INTERNATIONAL DOPING FRAUD CONSPIRACIES. + + (a) In General.--It shall be unlawful for any person, other than an +athlete, to knowingly carry into effect, attempt to carry into effect, +or conspire with any other person to carry into effect a scheme in +commerce to influence by use of a prohibited substance or prohibited +method any major international sports competition. + (b) Extraterritorial Jurisdiction.--There is extraterritorial +Federal jurisdiction over an offense under this section. + +SEC. 5. CRIMINAL PENALTIES AND STATUTE OF LIMITATIONS. + + (a) In General.-- + (1) Criminal penalty.--Whoever violates section 4 shall be + sentenced to a term of imprisonment for not more than 10 years, + fined $250,000 if the person is an individual or $1,000,000 if + the defendant is other than an individual, or both. + (2) Forfeiture.--Any property real or personal used in + violation of section 4 may be seized and forfeited to the + United States. + (b) Limitation on Prosecution.-- + (1) In general.--No person shall be prosecuted, tried, or + punished for violation of section 4 unless the indictment is + returned or the information is filed within 10 years after the + date on which the offense was completed. + (2) Tolling.--Upon application in the United States, filed + before a return of an indictment, indicating that evidence of + an offense under this chapter is in a foreign country, the + district court before which a grand jury is impaneled to + investigate the offense shall suspend the running of this + statute of limitation for the offense if the court finds by a + preponderance of the evidence that an official request has been + made for such evidence and that it reasonably appears, or + reasonably cleared at the time the request was made, that such + evidence is, or was, in such foreign country. + +SEC. 6. RESTITUTION. + + Section 3663A of title 18, United States Code, is amended in +subsection (c)-- + (1) in paragraph (1)(A)-- + (A) by redesignating clauses (iii) and (iv) as + clauses (iv) and (v), respectively; and + (B) by inserting after clause (ii) the following: + ``(iii) an offense described in section 4 + of the Rodchenkov Anti-Doping Act of 2019;''; + and + (2) in paragraph (3), in the matter preceding clause (i), + by inserting ``or (iii)'' after ``paragraph (1)(A)(ii)''. + +SEC. 7. COORDINATION AND SHARING OF INFORMATION WITH USADA. + + Except as otherwise prohibited by law, in furtherance of the +obligation of the United States under Article 7 of the Convention, the +Department of Justice, the Department of Homeland Security, and the +Food and Drug Administration shall coordinate with USADA with regard to +any investigation related to a potential violation of section 4 of this +Act or anti-doping rules adopted by USADA pursuant to the Code, to +include sharing with USADA all information in the possession of the +Department of Justice, the Department of Homeland Security, or the Food +and Drug Administration which may be relevant to any such potential +violation. + \ No newline at end of file From b6c4b85bd7ab9f0ecc1c78df2108dcf3bee3d400 Mon Sep 17 00:00:00 2001 From: "Rep. Jackson Lee, Sheila [D-TX-18]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 080/984] House-835: Engrossed in House --- bills_text/House-835.txt | 239 +++++++++++++-------------------------- 1 file changed, 78 insertions(+), 161 deletions(-) diff --git a/bills_text/House-835.txt b/bills_text/House-835.txt index 934f8d6..dc4b648 100644 --- a/bills_text/House-835.txt +++ b/bills_text/House-835.txt @@ -2,32 +2,9 @@ 1st Session H. R. 835 - To impose criminal sanctions on certain persons involved in - international doping fraud conspiracies, to provide restitution for - victims of such conspiracies, and to require sharing of information - with the United States Anti-Doping Agency to assist its fight against - doping, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 29, 2019 - - Ms. Jackson Lee (for herself, Mr. Burgess, Mr. Cohen, Mr. Hudson, Ms. - DeGette, Mr. King of New York, Mr. Hastings, Mr. Long, Mr. Johnson of - Georgia, Mr. Smith of New Jersey, Ms. Moore, Mr. Rush, and Mr. Tonko) - introduced the following bill; which was referred to the Committee on -the Judiciary, and in addition to the Committee on Energy and Commerce, -for a period to be subsequently determined by the Speaker, in each case -for consideration of such provisions as fall within the jurisdiction of - the committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -45,106 +22,7 @@ SECTION 1. SHORT TITLE. This Act may be cited as the ``Rodchenkov Anti-Doping Act of 2019''. -SEC. 2. FINDINGS. - - Congress finds the following: - (1) Doping fraud conspiracies which affect the results of - Major International Sport Competitions harm the clean athletes, - including the United States athletes, who participate in those - competitions by denying them their due recognition and economic - rewards. - (2) Doping fraud conspiracies which affect the results of - Major International Sport Competitions also harm the sponsors - of clean athletes, including United States sponsors, whose - sponsored athletes participate in these competitions by denying - the sponsors the recognition they would have received had their - sponsored athletes not been cheated out of their rightful - placement by doped competitors. - (3) Doping fraud conspiracies which affect the results of - Major International Sport Competitions also harm the sponsors - of those competitions by debasing the legitimacy of the product - which they have paid to sponsor. - (4) Doping fraud conspiracies which affect the results of - Major International Sport Competitions also harm the media - companies which broadcast those competitions by debasing the - legitimacy of the product which they have paid to broadcast. - (5) Doping fraud conspiracies which affect the results of - Major International Sport Competitions also harm the general - public who pay to watch these competitions in the expectation - that they will be fair competitions competed on a level playing - field. - (6) Doping fraud conspiracies which affect the results of - Major International Sport Competitions also hurt the sport - organizations whose athletes participate in those competitions - because their supporters assume that the competitions in which - the athletes participate are fair competitions which embody the - fundamental social values of sport and not sham exhibitions - rigged in favor of cheaters who dope. - (7) Doping fraud conspiracies in Major International - Sporting Competitions undermine the integrity and value of not - only those events but all organized sport around the world, - including the United States. - (8) The economic impact of sport in the United States - economy exceeds over $500,000,000,000 yearly. Doping fraud - conspiracies in Major International Sport Competitions - seriously threaten the value of that sector of the United - States economy. - (9) Doping fraud conspiracies often beget other illegal - activity, including bribery and money laundering. - (10) The World Anti-Doping Code, which first went into - effect in 2003, has been an effective tool in the fight against - international doping by significantly harmonizing the anti- - doping rules of sport and the national laws of those countries - which address sport doping through legislation. - (11) On August 25, 2003, the United States ratified the - Convention. As a party to the Convention, the United States has - agreed to ``adopt appropriate measures at the national and - international levels which are consistent with the Code . . . - In abiding by the obligations contained in this Convention, - each State Party undertakes to adopt appropriate measures. Such - measures may include legislation, regulation, policies or - administrative practices.'' - (12) USADA was recognized by Congress, under the United - States Anti-Doping Agency Reauthorization Act (Public Law 113- - 280; 128 Stat. 3020), as the independent anti-doping - organization for the amateur athletic competitions recognized - by the United States Olympic Committee. Both USADA and the - United States Olympic Committee are Signatories to the World - Anti-Doping Code. - (13) The mission of USADA is to preserve the integrity of - competition, inspire true sport, and protect the rights of - athletes. - (14) As a party to the Convention, the United States has - also agreed to ``insure the application of the present - Convention, notably through domestic coordination. To meet - their obligations under [the] Convention, States Parties may - rely on Anti-Doping Organizations as well as sports authorities - and organizations.'' Because USADA does not have search and - seizure or subpoena powers, this cooperation by Federal - agencies is very important to USADA in carrying out its - mission. - (15) Existing criminal statutes, such as conspiracy to - commit wire fraud and conspiracy to commit mail fraud, have - been important tools used by United States law enforcement - agencies to fight corruption in connection with some Major - International Sport Competitions. However, in other - international sporting events, the facts of a doping fraud - conspiracy may not support the use of existing laws. As is - evident from the recent exposure of the doping fraud conspiracy - in Russia involving the Sochi Olympic Games and other Major - International Sport Competitions before and after such Olympic - Games, whistleblowers, including Dr. Grigory Rodchenkov and - Yuliya and Vitaliy Stepanov, can play a critical role in - exposing doping fraud conspiracies and other fraudulent acts in - international sport. - (16) These whistleblowers, including Dr. Grigory Rodchenkov - and Yuliya and Vitaliy Stepanov, often expose major - international doping fraud conspiracies at considerable - personal risk. By criminalizing these conspiracies, such - whistleblowers will be included under existing witness and - informant protection laws. - -SEC. 3. DEFINITIONS. +SEC. 2. DEFINITIONS. (1) Anti-doping organization.--The term ``anti-doping organization'' has the meaning given the term in Article 2 of @@ -158,19 +36,23 @@ SEC. 3. DEFINITIONS. International Convention Against Doping in Sport done at Paris October 19, 2005, and ratified by the United States in 2008. (5) Major international sport competition.--The term - ``Major International Sport Competition'' means-- - (A) a competition in which-- - (i) 1 or more United States athletes and 3 - or more athletes from other countries - participate; and - (ii)(I) the competition organizer or - sanctioning body receives sponsorship or other - financial support from an organization doing - business in the United States; or - (II) the competition organizer or - sanctioning body receives compensation for the - right to broadcast the competition in the - United States; and + ``Major International Sport Competition''-- + (A) means a competition-- + (i) in which one or more United States + athletes and three or more athletes from other + countries participate; + (ii) that is governed by the anti-doping + rules and principles of the Code; and + (iii) in which-- + (I) the competition organizer or + sanctioning body receives sponsorship + or other financial support from an + organization doing business in the + United States; or + (II) the competition organizer or + sanctioning body receives compensation + for the right to broadcast the + competition in the United States; and (B) includes a competition that is a single event or a competition that consists of a series of events held at different times which, when combined, qualify @@ -191,7 +73,7 @@ SEC. 3. DEFINITIONS. (11) WADA.--The term ``WADA'' means the World Anti-Doping Agency. -SEC. 4. MAJOR INTERNATIONAL DOPING FRAUD CONSPIRACIES. +SEC. 3. MAJOR INTERNATIONAL DOPING FRAUD CONSPIRACIES. (a) In General.--It shall be unlawful for any person, other than an athlete, to knowingly carry into effect, attempt to carry into effect, @@ -201,19 +83,24 @@ method any major international sports competition. (b) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section. -SEC. 5. CRIMINAL PENALTIES AND STATUTE OF LIMITATIONS. +SEC. 4. CRIMINAL PENALTIES AND STATUTE OF LIMITATIONS. (a) In General.-- - (1) Criminal penalty.--Whoever violates section 4 shall be + (1) Criminal penalty.--Whoever violates section 3 shall be sentenced to a term of imprisonment for not more than 10 years, fined $250,000 if the person is an individual or $1,000,000 if the defendant is other than an individual, or both. - (2) Forfeiture.--Any property real or personal used in - violation of section 4 may be seized and forfeited to the - United States. + (2) Forfeiture.--Any property real or personal, tangible or + intangible, may be seized and criminally forfeited to the + United States if that property-- + (A) is used or intended to be used, in any manner, + to commit or facilitate a violation of section 3; or + (B) constitutes or is traceable to the proceeds + taken, obtained, or retained in connection with or as a + result of a violation of section 3. (b) Limitation on Prosecution.-- (1) In general.--No person shall be prosecuted, tried, or - punished for violation of section 4 unless the indictment is + punished for violation of section 3 unless the indictment is returned or the information is filed within 10 years after the date on which the offense was completed. (2) Tolling.--Upon application in the United States, filed @@ -224,10 +111,10 @@ SEC. 5. CRIMINAL PENALTIES AND STATUTE OF LIMITATIONS. statute of limitation for the offense if the court finds by a preponderance of the evidence that an official request has been made for such evidence and that it reasonably appears, or - reasonably cleared at the time the request was made, that such + reasonably appeared at the time the request was made, that such evidence is, or was, in such foreign country. -SEC. 6. RESTITUTION. +SEC. 5. RESTITUTION. Section 3663A of title 18, United States Code, is amended in subsection (c)-- @@ -235,22 +122,52 @@ subsection (c)-- (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (B) by inserting after clause (ii) the following: - ``(iii) an offense described in section 4 + ``(iii) an offense described in section 3 of the Rodchenkov Anti-Doping Act of 2019;''; and - (2) in paragraph (3), in the matter preceding clause (i), - by inserting ``or (iii)'' after ``paragraph (1)(A)(ii)''. + (2) in paragraph (3), in the matter preceding subparagraph + (A), by inserting ``or (iii)'' after ``paragraph (1)(A)(ii)''. + +SEC. 6. COORDINATION AND SHARING OF INFORMATION WITH USADA. + + Except as otherwise prohibited by law and except in cases in which +the integrity of a criminal investigation would be affected, in +furtherance of the obligation of the United States under Article 7 of +the Convention, the Department of Justice, the Department of Homeland +Security, and the Food and Drug Administration shall coordinate with +USADA with regard to any investigation related to a potential violation +of section 3 of this Act, to include sharing with USADA all information +in the possession of the Department of Justice, the Department of +Homeland Security, or the Food and Drug Administration which may be +relevant to any such potential violation. -SEC. 7. COORDINATION AND SHARING OF INFORMATION WITH USADA. +SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. - Except as otherwise prohibited by law, in furtherance of the -obligation of the United States under Article 7 of the Convention, the -Department of Justice, the Department of Homeland Security, and the -Food and Drug Administration shall coordinate with USADA with regard to -any investigation related to a potential violation of section 4 of this -Act or anti-doping rules adopted by USADA pursuant to the Code, to -include sharing with USADA all information in the possession of the -Department of Justice, the Department of Homeland Security, or the Food -and Drug Administration which may be relevant to any such potential -violation. - \ No newline at end of file + The budgetary effects of this Act, and the amendments made by this +Act, for the purpose of complying with the Statutory Pay-As-You-Go Act +of 2010, shall be determined by reference to the latest statement +titled ``Budgetary Effects of PAYGO Legislation'' for this Act, +submitted for printing in the Congressional Record by the Chairman of +the House Budget Committee, provided that such statement has been +submitted prior to the vote on passage. + + Passed the House of Representatives October 22, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 835 + +_______________________________________________________________________ + + AN ACT + + To impose criminal sanctions on certain persons involved in + international doping fraud conspiracies, to provide restitution for + victims of such conspiracies, and to require sharing of information + with the United States Anti-Doping Agency to assist its fight against + doping, and for other purposes. From 1287406f0b36b3f77cb249b6724e554dde645f8e Mon Sep 17 00:00:00 2001 From: "Rep. Jackson Lee, Sheila [D-TX-18]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 081/984] House-835: Enrolled --- bills_text/House-835.txt | 223 +++++++++++++++++---------------------- 1 file changed, 99 insertions(+), 124 deletions(-) diff --git a/bills_text/House-835.txt b/bills_text/House-835.txt index dc4b648..edea088 100644 --- a/bills_text/House-835.txt +++ b/bills_text/House-835.txt @@ -1,80 +1,80 @@ -116th CONGRESS - 1st Session - H. R. 835 + H.R.835 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To impose criminal sanctions on certain persons involved in international doping fraud conspiracies, to provide restitution for - victims of such conspiracies, and to require sharing of information - with the United States Anti-Doping Agency to assist its fight against - doping, and for other purposes. +victims of such conspiracies, and to require sharing of information with +the United States Anti-Doping Agency to assist its fight against doping, + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Rodchenkov Anti-Doping Act of 2019''. - SEC. 2. DEFINITIONS. - - (1) Anti-doping organization.--The term ``anti-doping - organization'' has the meaning given the term in Article 2 of - the Convention. - (2) Athlete.--The term ``athlete'' has the meaning given - the term in Article 2 of the Convention. - (3) Code.--The term ``Code'' means the World Anti-Doping - Code most recently adopted by WADA on March 5, 2003. - (4) Convention.--The term ``Convention'' means the United - Nations Educational, Scientific, and Cultural Organization - International Convention Against Doping in Sport done at Paris - October 19, 2005, and ratified by the United States in 2008. - (5) Major international sport competition.--The term - ``Major International Sport Competition''-- - (A) means a competition-- - (i) in which one or more United States - athletes and three or more athletes from other - countries participate; - (ii) that is governed by the anti-doping - rules and principles of the Code; and - (iii) in which-- - (I) the competition organizer or - sanctioning body receives sponsorship - or other financial support from an - organization doing business in the - United States; or - (II) the competition organizer or - sanctioning body receives compensation - for the right to broadcast the - competition in the United States; and - (B) includes a competition that is a single event - or a competition that consists of a series of events - held at different times which, when combined, qualify - an athlete or team for an award or other recognition. - (6) Person.--The term ``person'' means any individual, - partnership, corporation, association, or other entity. - (7) Prohibited method.--The term ``prohibited method'' has - the meaning given the term in Article 2 of the Convention. - (8) Prohibited substance.--The term ``prohibited - substance'' has the meaning given the term in Article 2 of the - Convention. - (9) Scheme in commerce.--The term ``scheme in commerce'' - means any scheme effectuated in whole or in part through the - use in interstate or foreign commerce of any facility for - transportation or communication. - (10) USADA.--The term ``USADA'' means the United States - Anti-Doping Agency. - (11) WADA.--The term ``WADA'' means the World Anti-Doping - Agency. - + (1) Anti-doping organization.--The term ``anti-doping + organization'' has the meaning given the term in Article 2 of the + Convention. + (2) Athlete.--The term ``athlete'' has the meaning given the + term in Article 2 of the Convention. + (3) Code.--The term ``Code'' means the World Anti-Doping Code + most recently adopted by WADA on March 5, 2003. + (4) Convention.--The term ``Convention'' means the United + Nations Educational, Scientific, and Cultural Organization + International Convention Against Doping in Sport done at Paris + October 19, 2005, and ratified by the United States in 2008. + (5) Major international sport competition.--The term ``Major + International Sport Competition''-- + (A) means a competition-- + (i) in which one or more United States athletes and + three or more athletes from other countries participate; + (ii) that is governed by the anti-doping rules and + principles of the Code; and + (iii) in which-- + + (I) the competition organizer or sanctioning body + receives sponsorship or other financial support from an + organization doing business in the United States; or + (II) the competition organizer or sanctioning body + receives compensation for the right to broadcast the + competition in the United States; and + + (B) includes a competition that is a single event or a + competition that consists of a series of events held at + different times which, when combined, qualify an athlete or + team for an award or other recognition. + (6) Person.--The term ``person'' means any individual, + partnership, corporation, association, or other entity. + (7) Prohibited method.--The term ``prohibited method'' has the + meaning given the term in Article 2 of the Convention. + (8) Prohibited substance.--The term ``prohibited substance'' + has the meaning given the term in Article 2 of the Convention. + (9) Scheme in commerce.--The term ``scheme in commerce'' means + any scheme effectuated in whole or in part through the use in + interstate or foreign commerce of any facility for transportation + or communication. + (10) USADA.--The term ``USADA'' means the United States Anti- + Doping Agency. + (11) WADA.--The term ``WADA'' means the World Anti-Doping + Agency. SEC. 3. MAJOR INTERNATIONAL DOPING FRAUD CONSPIRACIES. - (a) In General.--It shall be unlawful for any person, other than an athlete, to knowingly carry into effect, attempt to carry into effect, or conspire with any other person to carry into effect a scheme in @@ -82,54 +82,47 @@ commerce to influence by use of a prohibited substance or prohibited method any major international sports competition. (b) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section. - SEC. 4. CRIMINAL PENALTIES AND STATUTE OF LIMITATIONS. - (a) In General.-- - (1) Criminal penalty.--Whoever violates section 3 shall be - sentenced to a term of imprisonment for not more than 10 years, - fined $250,000 if the person is an individual or $1,000,000 if - the defendant is other than an individual, or both. - (2) Forfeiture.--Any property real or personal, tangible or - intangible, may be seized and criminally forfeited to the - United States if that property-- - (A) is used or intended to be used, in any manner, - to commit or facilitate a violation of section 3; or - (B) constitutes or is traceable to the proceeds - taken, obtained, or retained in connection with or as a - result of a violation of section 3. + (1) Criminal penalty.--Whoever violates section 3 shall be + sentenced to a term of imprisonment for not more than 10 years, + fined $250,000 if the person is an individual or $1,000,000 if the + defendant is other than an individual, or both. + (2) Forfeiture.--Any property real or personal, tangible or + intangible, may be seized and criminally forfeited to the United + States if that property-- + (A) is used or intended to be used, in any manner, to + commit or facilitate a violation of section 3; or + (B) constitutes or is traceable to the proceeds taken, + obtained, or retained in connection with or as a result of a + violation of section 3. (b) Limitation on Prosecution.-- - (1) In general.--No person shall be prosecuted, tried, or - punished for violation of section 3 unless the indictment is - returned or the information is filed within 10 years after the - date on which the offense was completed. - (2) Tolling.--Upon application in the United States, filed - before a return of an indictment, indicating that evidence of - an offense under this chapter is in a foreign country, the - district court before which a grand jury is impaneled to - investigate the offense shall suspend the running of this - statute of limitation for the offense if the court finds by a - preponderance of the evidence that an official request has been - made for such evidence and that it reasonably appears, or - reasonably appeared at the time the request was made, that such - evidence is, or was, in such foreign country. - + (1) In general.--No person shall be prosecuted, tried, or + punished for violation of section 3 unless the indictment is + returned or the information is filed within 10 years after the date + on which the offense was completed. + (2) Tolling.--Upon application in the United States, filed + before a return of an indictment, indicating that evidence of an + offense under this chapter is in a foreign country, the district + court before which a grand jury is impaneled to investigate the + offense shall suspend the running of this statute of limitation for + the offense if the court finds by a preponderance of the evidence + that an official request has been made for such evidence and that + it reasonably appears, or reasonably appeared at the time the + request was made, that such evidence is, or was, in such foreign + country. SEC. 5. RESTITUTION. - Section 3663A of title 18, United States Code, is amended in subsection (c)-- - (1) in paragraph (1)(A)-- - (A) by redesignating clauses (iii) and (iv) as - clauses (iv) and (v), respectively; and - (B) by inserting after clause (ii) the following: - ``(iii) an offense described in section 3 - of the Rodchenkov Anti-Doping Act of 2019;''; - and - (2) in paragraph (3), in the matter preceding subparagraph - (A), by inserting ``or (iii)'' after ``paragraph (1)(A)(ii)''. - + (1) in paragraph (1)(A)-- + (A) by redesignating clauses (iii) and (iv) as clauses (iv) + and (v), respectively; and + (B) by inserting after clause (ii) the following: + ``(iii) an offense described in section 3 of the + Rodchenkov Anti-Doping Act of 2019;''; and + (2) in paragraph (3), in the matter preceding subparagraph (A), + by inserting ``or (iii)'' after ``paragraph (1)(A)(ii)''. SEC. 6. COORDINATION AND SHARING OF INFORMATION WITH USADA. - Except as otherwise prohibited by law and except in cases in which the integrity of a criminal investigation would be affected, in furtherance of the obligation of the United States under Article 7 of @@ -140,9 +133,7 @@ of section 3 of this Act, to include sharing with USADA all information in the possession of the Department of Justice, the Department of Homeland Security, or the Food and Drug Administration which may be relevant to any such potential violation. - SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, and the amendments made by this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement @@ -151,23 +142,7 @@ submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives October 22, 2019. - - Attest: + Speaker of the House of Representatives. - Clerk. -116th CONGRESS - - 1st Session - - H. R. 835 - -_______________________________________________________________________ - - AN ACT - - To impose criminal sanctions on certain persons involved in - international doping fraud conspiracies, to provide restitution for - victims of such conspiracies, and to require sharing of information - with the United States Anti-Doping Agency to assist its fight against - doping, and for other purposes. + Vice President of the United States and + President of the Senate. From e25815108ce2da40d6119173be2130338b53a946 Mon Sep 17 00:00:00 2001 From: "Rep. Norton, Eleanor Holmes [D-DC-At Large]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 082/984] House-866: Introduced to House --- bills_text/House-866.txt | 84 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 84 insertions(+) create mode 100644 bills_text/House-866.txt diff --git a/bills_text/House-866.txt b/bills_text/House-866.txt new file mode 100644 index 0000000..6138704 --- /dev/null +++ b/bills_text/House-866.txt @@ -0,0 +1,84 @@ +116th CONGRESS + 1st Session + H. R. 866 + + To provide a lactation room in public buildings. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 30, 2019 + + Ms. Norton introduced the following bill; which was referred to the + Committee on Transportation and Infrastructure + +_______________________________________________________________________ + + A BILL + + + + To provide a lactation room in public buildings. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Fairness For Breastfeeding Mothers +Act of 2019''. + +SEC. 2. LACTATION ROOM IN PUBLIC BUILDINGS. + + (a) Lactation Room in Public Buildings.--Chapter 33 of title 40, +United States Code, is amended by adding at the end the following new +section: +``Sec. 3318. Lactation room in public buildings + ``(a) Definitions.--In this section: + ``(1) Appropriate authority.--The term `appropriate + authority' means the head of a Federal agency, the Architect of + the Capitol, or other official authority responsible for the + operation of a public building. + ``(2) Covered public building.--The term `covered public + building' means a public building (as defined in section 3301) + that is open to the public and contains a public restroom, and + includes a building listed in section 6301 or 5101. + ``(3) Lactation room.--The term `lactation room' means a + hygienic place, other than a bathroom, that-- + ``(A) is shielded from view; + ``(B) is free from intrusion; and + ``(C) contains a chair, a working surface, and, if + the public building is otherwise supplied with + electricity, an electrical outlet. + ``(b) Lactation Room Required.--Except as provided in subsection +(c), the appropriate authority of a covered public building shall +ensure that the building contains a lactation room that is made +available for use by members of the public to express breast milk. + ``(c) Exceptions.--A covered public building may be excluded from +the requirement in subsection (b) at the discretion of the appropriate +authority if-- + ``(1) the public building-- + ``(A) does not contain a lactation room for + employees who work in the building; and + ``(B) does not have a room that could be repurposed + as a lactation room or a space that could be made + private using portable materials, at a reasonable cost; + or + ``(2) new construction would be required to create a + lactation room in the public building and the cost of such + construction is unfeasible. + ``(d) No Unauthorized Entry.--Nothing in this section shall be +construed to authorize an individual to enter a public building or +portion thereof that the individual is not otherwise authorized to +enter.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 33 of title 40, United States Code, is amended by inserting +after the item related to section 3316 the following new item: + +``3318. Lactation room in public buildings.''. + (c) Effective Date.--The amendments made by this section shall take +effect 1 year after the date of the enactment of this Act. + \ No newline at end of file From 83cd45879e813c2bb235ca169c09bc2d6e22d798 Mon Sep 17 00:00:00 2001 From: "Rep. Norton, Eleanor Holmes [D-DC-At Large]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 083/984] House-866: Engrossed in House --- bills_text/House-866.txt | 33 ++++++++++++++++++--------------- 1 file changed, 18 insertions(+), 15 deletions(-) diff --git a/bills_text/House-866.txt b/bills_text/House-866.txt index 6138704..093e893 100644 --- a/bills_text/House-866.txt +++ b/bills_text/House-866.txt @@ -2,22 +2,9 @@ 1st Session H. R. 866 - To provide a lactation room in public buildings. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 30, 2019 - - Ms. Norton introduced the following bill; which was referred to the - Committee on Transportation and Infrastructure - -_______________________________________________________________________ - - A BILL + AN ACT @@ -81,4 +68,20 @@ after the item related to section 3316 the following new item: ``3318. Lactation room in public buildings.''. (c) Effective Date.--The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. - \ No newline at end of file + + Passed the House of Representatives February 6, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 866 + +_______________________________________________________________________ + + AN ACT + + To provide a lactation room in public buildings. From 94b5e4ec15743c4985ac984917e1d5d83f7f8d7b Mon Sep 17 00:00:00 2001 From: "Rep. Norton, Eleanor Holmes [D-DC-At Large]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 084/984] House-866: Enrolled --- bills_text/House-866.txt | 91 +++++++++++++++++++--------------------- 1 file changed, 42 insertions(+), 49 deletions(-) diff --git a/bills_text/House-866.txt b/bills_text/House-866.txt index 093e893..e793d1f 100644 --- a/bills_text/House-866.txt +++ b/bills_text/House-866.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 866 + H.R.866 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -12,34 +21,30 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Fairness For Breastfeeding Mothers Act of 2019''. - SEC. 2. LACTATION ROOM IN PUBLIC BUILDINGS. - (a) Lactation Room in Public Buildings.--Chapter 33 of title 40, United States Code, is amended by adding at the end the following new section: ``Sec. 3318. Lactation room in public buildings ``(a) Definitions.--In this section: - ``(1) Appropriate authority.--The term `appropriate - authority' means the head of a Federal agency, the Architect of - the Capitol, or other official authority responsible for the - operation of a public building. - ``(2) Covered public building.--The term `covered public - building' means a public building (as defined in section 3301) - that is open to the public and contains a public restroom, and - includes a building listed in section 6301 or 5101. - ``(3) Lactation room.--The term `lactation room' means a - hygienic place, other than a bathroom, that-- - ``(A) is shielded from view; - ``(B) is free from intrusion; and - ``(C) contains a chair, a working surface, and, if - the public building is otherwise supplied with - electricity, an electrical outlet. + ``(1) Appropriate authority.--The term `appropriate authority' + means the head of a Federal agency, the Architect of the Capitol, + or other official authority responsible for the operation of a + public building. + ``(2) Covered public building.--The term `covered public + building' means a public building (as defined in section 3301) that + is open to the public and contains a public restroom, and includes + a building listed in section 6301 or 5101. + ``(3) Lactation room.--The term `lactation room' means a + hygienic place, other than a bathroom, that-- + ``(A) is shielded from view; + ``(B) is free from intrusion; and + ``(C) contains a chair, a working surface, and, if the + public building is otherwise supplied with electricity, an + electrical outlet. ``(b) Lactation Room Required.--Except as provided in subsection (c), the appropriate authority of a covered public building shall ensure that the building contains a lactation room that is made @@ -47,16 +52,15 @@ available for use by members of the public to express breast milk. ``(c) Exceptions.--A covered public building may be excluded from the requirement in subsection (b) at the discretion of the appropriate authority if-- - ``(1) the public building-- - ``(A) does not contain a lactation room for - employees who work in the building; and - ``(B) does not have a room that could be repurposed - as a lactation room or a space that could be made - private using portable materials, at a reasonable cost; - or - ``(2) new construction would be required to create a - lactation room in the public building and the cost of such - construction is unfeasible. + ``(1) the public building-- + ``(A) does not contain a lactation room for employees who + work in the building; and + ``(B) does not have a room that could be repurposed as a + lactation room or a space that could be made private using + portable materials, at a reasonable cost; or + ``(2) new construction would be required to create a lactation + room in the public building and the cost of such construction is + unfeasible. ``(d) No Unauthorized Entry.--Nothing in this section shall be construed to authorize an individual to enter a public building or portion thereof that the individual is not otherwise authorized to @@ -66,22 +70,11 @@ chapter 33 of title 40, United States Code, is amended by inserting after the item related to section 3316 the following new item: ``3318. Lactation room in public buildings.''. + (c) Effective Date.--The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. - Passed the House of Representatives February 6, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 866 - -_______________________________________________________________________ - - AN ACT - - To provide a lactation room in public buildings. + Vice President of the United States and + President of the Senate. From 13bdd8c8d65b0f925a285b07a9f94760ac68da79 Mon Sep 17 00:00:00 2001 From: "Rep. Crist, Charlie [D-FL-13]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 085/984] House-886: Introduced to House --- bills_text/House-886.txt | 87 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 87 insertions(+) create mode 100644 bills_text/House-886.txt diff --git a/bills_text/House-886.txt b/bills_text/House-886.txt new file mode 100644 index 0000000..72de790 --- /dev/null +++ b/bills_text/House-886.txt @@ -0,0 +1,87 @@ +116th CONGRESS + 1st Session + H. R. 886 + + To direct the Attorney General to establish and carry out a Veteran + Treatment Court Program. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 30, 2019 + + Mr. Crist (for himself, Ms. Stefanik, Mr. Aguilar, Mr. Allred, Mr. + Baird, Mr. Bishop of Georgia, Mrs. Brooks of Indiana, Mr. Brown of + Maryland, Mr. Calvert, Mr. Carson of Indiana, Ms. Castor of Florida, + Mr. Cisneros, Mr. Cohen, Mr. Connolly, Mr. Cook, Mr. Crow, Mr. Rodney + Davis of Illinois, Mr. DeFazio, Mrs. Demings, Mr. DeSaulnier, Mr. + Deutch, Mrs. Dingell, Ms. Frankel, Ms. Gabbard, Mr. Gaetz, Miss +Gonzalez-Colon of Puerto Rico, Mr. Gonzalez of Texas, Mr. Grijalva, Mr. +Harder of California, Mr. Hastings, Mr. Heck, Mr. Hice of Georgia, Mr. +Higgins of Louisiana, Mr. Higgins of New York, Ms. Hill of California, + Ms. Norton, Ms. Houlahan, Ms. Jayapal, Mr. Jones, Ms. Kaptur, Mr. + Keating, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kind, Mr. +Krishnamoorthi, Mr. Lawson of Florida, Ms. Lofgren, Mr. Lowenthal, Mrs. +Luria, Mr. Mast, Ms. McCollum, Ms. Moore, Mr. Moulton, Mrs. Murphy, Mr. + Newhouse, Mr. Norman, Mr. Panetta, Mr. Payne, Mr. Perlmutter, Mr. + Peterson, Ms. Pingree, Mr. Posey, Mr. Raskin, Mr. Riggleman, Mr. Rose + of New York, Mr. Rouda, Mr. Ruppersberger, Mr. Rush, Mr. Rutherford, + Mr. Ryan, Ms. Schakowsky, Mr. Scott of Virginia, Mr. Serrano, Ms. +Sewell of Alabama, Ms. Sherrill, Ms. Slotkin, Mr. Smith of Washington, + Mr. Soto, Mr. Suozzi, Mr. Turner, Mr. Upton, Mr. Vela, Ms. Velazquez, +Mr. Walden, Mrs. Walorski, Mr. Waltz, Ms. Wasserman Schultz, Ms. Wilson + of Florida, Mr. Yarmuth, Mr. Smucker, Mr. Diaz-Balart, Mr. Dunn, Ms. + Shalala, and Ms. Kendra S. Horn of Oklahoma) introduced the following + bill; which was referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To direct the Attorney General to establish and carry out a Veteran + Treatment Court Program. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Veteran Treatment Court Coordination +Act of 2019''. + +SEC. 2. SENSE OF CONGRESS. + + It is the sense of Congress that veterans treatment courts are a +successful program aimed at helping veterans charged with non-violent +crimes receive the help and the benefits for which the veterans are +entitled. + +SEC. 3. VETERAN TREATMENT COURT PROGRAM. + + (a) Establishment.--Subject to the availability of appropriations, +in coordination with the Secretary of Veterans Affairs, the Attorney +General shall establish and carry out a Veteran Treatment Court Program +to provide grants and technical assistance to the State circuit court +systems that-- + (1) have adopted a Veterans Treatment Court Program; or + (2) have filed a notice of intent to establish a Veterans + Treatment Court Program with the Secretary. + (b) Purpose.--The purpose of the Veterans Treatment Court Program +established under subsection (a) is to ensure the Department of Justice +has a single office to coordinate the provision of grants, training, +and technical assistance to help State, local, and Tribal governments +to develop and maintain veteran treatment courts. + (c) Programs Included.--The Veterans Treatment Court Program +established under subsection (a) shall include the grant programs +relating to veterans treatment courts carried out by the Attorney +General pursuant to sections 2901, 2991, and 3021 of the Omnibus Crime +Control and Safe Streets Act of 1968 (34 U.S.C. 10581, 10651, and +10701) or any other provision of law. + (d) Regulations.--The Attorney General shall promulgate regulations +to carry out this section. + \ No newline at end of file From 6907ab1a68887c6daa78113bf6ce246b62df702b Mon Sep 17 00:00:00 2001 From: "Rep. Crist, Charlie [D-FL-13]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 086/984] House-886: Engrossed in House --- bills_text/House-886.txt | 59 ++++++++++++++-------------------------- 1 file changed, 20 insertions(+), 39 deletions(-) diff --git a/bills_text/House-886.txt b/bills_text/House-886.txt index 72de790..d4323a6 100644 --- a/bills_text/House-886.txt +++ b/bills_text/House-886.txt @@ -2,44 +2,9 @@ 1st Session H. R. 886 - To direct the Attorney General to establish and carry out a Veteran - Treatment Court Program. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 30, 2019 - - Mr. Crist (for himself, Ms. Stefanik, Mr. Aguilar, Mr. Allred, Mr. - Baird, Mr. Bishop of Georgia, Mrs. Brooks of Indiana, Mr. Brown of - Maryland, Mr. Calvert, Mr. Carson of Indiana, Ms. Castor of Florida, - Mr. Cisneros, Mr. Cohen, Mr. Connolly, Mr. Cook, Mr. Crow, Mr. Rodney - Davis of Illinois, Mr. DeFazio, Mrs. Demings, Mr. DeSaulnier, Mr. - Deutch, Mrs. Dingell, Ms. Frankel, Ms. Gabbard, Mr. Gaetz, Miss -Gonzalez-Colon of Puerto Rico, Mr. Gonzalez of Texas, Mr. Grijalva, Mr. -Harder of California, Mr. Hastings, Mr. Heck, Mr. Hice of Georgia, Mr. -Higgins of Louisiana, Mr. Higgins of New York, Ms. Hill of California, - Ms. Norton, Ms. Houlahan, Ms. Jayapal, Mr. Jones, Ms. Kaptur, Mr. - Keating, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kind, Mr. -Krishnamoorthi, Mr. Lawson of Florida, Ms. Lofgren, Mr. Lowenthal, Mrs. -Luria, Mr. Mast, Ms. McCollum, Ms. Moore, Mr. Moulton, Mrs. Murphy, Mr. - Newhouse, Mr. Norman, Mr. Panetta, Mr. Payne, Mr. Perlmutter, Mr. - Peterson, Ms. Pingree, Mr. Posey, Mr. Raskin, Mr. Riggleman, Mr. Rose - of New York, Mr. Rouda, Mr. Ruppersberger, Mr. Rush, Mr. Rutherford, - Mr. Ryan, Ms. Schakowsky, Mr. Scott of Virginia, Mr. Serrano, Ms. -Sewell of Alabama, Ms. Sherrill, Ms. Slotkin, Mr. Smith of Washington, - Mr. Soto, Mr. Suozzi, Mr. Turner, Mr. Upton, Mr. Vela, Ms. Velazquez, -Mr. Walden, Mrs. Walorski, Mr. Waltz, Ms. Wasserman Schultz, Ms. Wilson - of Florida, Mr. Yarmuth, Mr. Smucker, Mr. Diaz-Balart, Mr. Dunn, Ms. - Shalala, and Ms. Kendra S. Horn of Oklahoma) introduced the following - bill; which was referred to the Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -66,8 +31,7 @@ SEC. 3. VETERAN TREATMENT COURT PROGRAM. (a) Establishment.--Subject to the availability of appropriations, in coordination with the Secretary of Veterans Affairs, the Attorney General shall establish and carry out a Veteran Treatment Court Program -to provide grants and technical assistance to the State circuit court -systems that-- +to provide grants and technical assistance to court systems that-- (1) have adopted a Veterans Treatment Court Program; or (2) have filed a notice of intent to establish a Veterans Treatment Court Program with the Secretary. @@ -84,4 +48,21 @@ Control and Safe Streets Act of 1968 (34 U.S.C. 10581, 10651, and 10701) or any other provision of law. (d) Regulations.--The Attorney General shall promulgate regulations to carry out this section. - \ No newline at end of file + + Passed the House of Representatives October 28, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 886 + +_______________________________________________________________________ + + AN ACT + + To direct the Attorney General to establish and carry out a Veteran + Treatment Court Program. From b1c2ed1346be0c0576807f2be40526fe2f4068cb Mon Sep 17 00:00:00 2001 From: "Rep. Crist, Charlie [D-FL-13]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 087/984] House-886: Enrolled --- bills_text/House-886.txt | 58 +++++++++++++++++----------------------- 1 file changed, 24 insertions(+), 34 deletions(-) diff --git a/bills_text/House-886.txt b/bills_text/House-886.txt index d4323a6..caa9f71 100644 --- a/bills_text/House-886.txt +++ b/bills_text/House-886.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 886 + H.R.886 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -13,28 +22,22 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Veteran Treatment Court Coordination Act of 2019''. - SEC. 2. SENSE OF CONGRESS. - It is the sense of Congress that veterans treatment courts are a -successful program aimed at helping veterans charged with non-violent +successful program aimed at helping veterans charged with nonviolent crimes receive the help and the benefits for which the veterans are entitled. - SEC. 3. VETERAN TREATMENT COURT PROGRAM. - (a) Establishment.--Subject to the availability of appropriations, in coordination with the Secretary of Veterans Affairs, the Attorney General shall establish and carry out a Veteran Treatment Court Program to provide grants and technical assistance to court systems that-- - (1) have adopted a Veterans Treatment Court Program; or - (2) have filed a notice of intent to establish a Veterans - Treatment Court Program with the Secretary. + (1) have adopted a Veterans Treatment Court Program; or + (2) have filed a notice of intent to establish a Veterans + Treatment Court Program with the Secretary. (b) Purpose.--The purpose of the Veterans Treatment Court Program established under subsection (a) is to ensure the Department of Justice has a single office to coordinate the provision of grants, training, @@ -43,26 +46,13 @@ to develop and maintain veteran treatment courts. (c) Programs Included.--The Veterans Treatment Court Program established under subsection (a) shall include the grant programs relating to veterans treatment courts carried out by the Attorney -General pursuant to sections 2901, 2991, and 3021 of the Omnibus Crime -Control and Safe Streets Act of 1968 (34 U.S.C. 10581, 10651, and -10701) or any other provision of law. +General pursuant to sections 2991 and 3021 of the Omnibus Crime Control +and Safe Streets Act of 1968 (34 U.S.C. 10651, 10701) or any other +provision of law. (d) Regulations.--The Attorney General shall promulgate regulations to carry out this section. - Passed the House of Representatives October 28, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 886 - -_______________________________________________________________________ - - AN ACT - - To direct the Attorney General to establish and carry out a Veteran - Treatment Court Program. + Vice President of the United States and + President of the Senate. From 0864788a6ee49217d79c5d589a3566ce8fb54424 Mon Sep 17 00:00:00 2001 From: "Rep. Curtis, John R. [R-UT-3]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 088/984] House-887: Introduced to House --- bills_text/House-887.txt | 42 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-887.txt diff --git a/bills_text/House-887.txt b/bills_text/House-887.txt new file mode 100644 index 0000000..c62f8d2 --- /dev/null +++ b/bills_text/House-887.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 1st Session + H. R. 887 + + To designate the facility of the United States Postal Service located + at 877 East 1200 South in Orem, Utah, as the ``Jerry C. Washburn Post + Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 30, 2019 + + Mr. Curtis introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 877 East 1200 South in Orem, Utah, as the ``Jerry C. Washburn Post + Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. JERRY C. WASHBURN POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 877 East 1200 South in Orem, Utah, shall be known and +designated as the ``Jerry C. Washburn Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Jerry C. +Washburn Post Office Building''. + \ No newline at end of file From 0ec15adaf938b497547b9aed43977553b149edef Mon Sep 17 00:00:00 2001 From: "Rep. Curtis, John R. [R-UT-3]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 089/984] House-887: Engrossed in House --- bills_text/House-887.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-887.txt b/bills_text/House-887.txt index c62f8d2..d830cd4 100644 --- a/bills_text/House-887.txt +++ b/bills_text/House-887.txt @@ -2,24 +2,9 @@ 1st Session H. R. 887 - To designate the facility of the United States Postal Service located - at 877 East 1200 South in Orem, Utah, as the ``Jerry C. Washburn Post - Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 30, 2019 - - Mr. Curtis introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -39,4 +24,22 @@ designated as the ``Jerry C. Washburn Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jerry C. Washburn Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 887 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 877 East 1200 South in Orem, Utah, as the ``Jerry C. Washburn Post + Office Building''. From ee36530b4c32d748a9181d47b579199bfd1831a4 Mon Sep 17 00:00:00 2001 From: "Rep. Curtis, John R. [R-UT-3]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 090/984] House-887: Enrolled --- bills_text/House-887.txt | 45 +++++++++++++++++----------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-887.txt b/bills_text/House-887.txt index d830cd4..091fcd1 100644 --- a/bills_text/House-887.txt +++ b/bills_text/House-887.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 887 + H.R.887 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 877 East 1200 South in Orem, Utah, as the ``Jerry C. Washburn Post +To designate the facility of the United States Postal Service located at + 877 East 1200 South in Orem, Utah, as the ``Jerry C. Washburn Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. JERRY C. WASHBURN POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 877 East 1200 South in Orem, Utah, shall be known and designated as the ``Jerry C. Washburn Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jerry C. Washburn Post Office Building''. - Passed the House of Representatives October 16, 2019. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 887 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located - at 877 East 1200 South in Orem, Utah, as the ``Jerry C. Washburn Post - Office Building''. + Vice President of the United States and + President of the Senate. From 7bb2091a15d35f6a84ff1dd8c5cc78aa745ccfc7 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 091/984] House-943: Introduced to House --- bills_text/House-943.txt | 471 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 471 insertions(+) create mode 100644 bills_text/House-943.txt diff --git a/bills_text/House-943.txt b/bills_text/House-943.txt new file mode 100644 index 0000000..d33ef4d --- /dev/null +++ b/bills_text/House-943.txt @@ -0,0 +1,471 @@ +116th CONGRESS + 1st Session + H. R. 943 + + To authorize the Secretary of Education to award grants to eligible +entities to carry out educational programs about the Holocaust, and for + other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 31, 2019 + + Mrs. Carolyn B. Maloney of New York (for herself, Ms. Stefanik, Mr. +Fitzpatrick, Ms. Norton, Mr. Vela, Mr. Deutch, Mr. Cohen, Mrs. Davis of +California, Mr. Cartwright, Mr. Rose of New York, Mr. King of New York, +Mr. Lowenthal, Ms. Lofgren, Mr. Brendan F. Boyle of Pennsylvania, Miss + Rice of New York, Mr. Kind, Mr. Pallone, Ms. Wasserman Schultz, Mr. + McNerney, Ms. Clarke of New York, Ms. Wilson of Florida, Mr. McCaul, + and Mr. Carson of Indiana) introduced the following bill; which was + referred to the Committee on Education and Labor + +_______________________________________________________________________ + + A BILL + + + + To authorize the Secretary of Education to award grants to eligible +entities to carry out educational programs about the Holocaust, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Never Again Education Act''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) The United States has demonstrated a commitment to + remembrance and education about the Holocaust through bilateral + relationships and engagement in international organizations + such as the United Nations (UN) and the International Holocaust + Remembrance Association (IHRA); the United States works to + promote Holocaust education as a means to understand the + importance of democratic principles, use and abuse of power, + and to raise awareness about the importance of genocide + prevention today. + (2) The Congress has played a critical role in preserving + the memory of the Holocaust and promoting awareness, including + by authorizing the United States Holocaust Memorial Museum as + an independent establishment of the Federal Government to + ensure that ``the study of the Holocaust become part of the + curriculum in every school system in the country'', as well as + by establishing a national Holocaust Remembrance Day in 1978. + (3) The Congress has gone on record in support of expanded + Holocaust education to increase awareness about Holocaust + history, counter prejudice and discrimination, and enhance + efforts to teach its universal lessons about human behavior and + societal cohesion. + (4) More than 70 years after the conclusion of World War + II, with the decreasing number of eyewitnesses and growing + distance of students and their families from this history, it + is important to institutionalize education about the events of + the Holocaust such as the Nazis' racist ideology, propaganda, + and plan to lead a state to war and, with their collaborators, + kill millions--including the systematic murder of 6,000,000 + Jewish people; as well as the persecution and murder of + millions of others in the name of racial purity, political, + ideological, and behavioral grounds, among them Roma, the + disabled, the Slavic people, Communists, Socialists, Jehovah's + Witnesses, and homosexuals. + (5) As intolerance, antisemitism, bigotry, and all forms of + hate are promoted by hate groups, Holocaust education provides + a context in which to learn about the danger of what can happen + when hate goes unchallenged and there is indifference in the + face of the oppression of others; learning how and why the + Holocaust happened is an important component of the education + of citizens of the United States. + (6) Today, those who deny that the Holocaust occurred or + distort the true nature of the Holocaust continue to find + forums, especially online; this denial and distortion dishonors + those who were persecuted, and murdered, making it even more of + a national imperative to educate students in the United States + so that they may explore the lessons that the Holocaust + provides for all people, sensitize communities to the + circumstances that gave rise to the Holocaust, and help youth + be less susceptible to the falsehood of Holocaust denial and + distortion and to the destructive messages of hate that arise + from Holocaust denial and distortion. + (7) Currently, 8 States (California, Florida, Illinois, + Indiana, Michigan, New Jersey, New York, and Rhode Island) + require by law that schools teach students about the Holocaust; + more schools and teachers can and should deliver quality + Holocaust education. + (8) While there are thriving professional development + programs across the United States delivered by Holocaust + education centers, such as members of the Association of + Holocaust Organizations, many students still have little + exposure to education about the events of the Holocaust and its + relevance to their lives, in part due to the many financial and + logistical barriers to getting resources from Holocaust + education centers to students in the classroom. + (9) The Federal Government, especially the Department of + Education, has a role to play in promoting resources and + training that can assist teachers and primary and secondary + schools incorporate the study of the Holocaust into their + curriculum, to help ensure that students have access to + accurate and engaging historical information about the + Holocaust, and the Department of Education is well-positioned + to assist Holocaust education centers in overcoming many of the + barriers to expanding Holocaust education, which will allow + more students to learn the lessons of the Holocaust. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Eligible entity.--The term ``eligible entity'' means-- + (A) a local educational agency (as defined in + section 8101 of the Elementary and Secondary Education + Act of 1965 (20 U.S.C. 7801)); + (B) an organization eligible to receive funds under + part B of title IV of such Act (20 U.S.C. 7171 et + seq.); or + (C) a secondary school (as defined in section 8101 + of such Act (20 U.S.C. 7801)), that is independent of + any local educational agency. + (2) Antisemitism.--The term ``antisemitism'' means a + certain perception of Jews, which may be expressed as hatred + toward Jews. Rhetorical and physical manifestations of + antisemitism are directed toward Jewish or non-Jewish + individuals or their property, toward Jewish community + institutions and religious facilities. + (3) Holocaust.--The term ``the Holocaust'' means the + systematic, bureaucratic, state-sponsored persecution and + murder of approximately 6,000,000 Jews by the Nazi regime and + its collaborators. During the era of the Holocaust, German + authorities also targeted other groups because of their + perceived ``racial inferiority'', such as Roma gypsies, the + disabled, and some of the Slavic people (Poles, Russians, and + others). Other groups were persecuted on political, + ideological, and behavioral grounds, among them Communists, + Socialists, Jehovah's Witnesses, and homosexuals. + (4) Holocaust denial and distortion.--The term ``Holocaust + denial and distortion'' means discourse and propaganda that + deny the historical reality and the extent of the extermination + of the Jews by the Nazis and their accomplices during World War + II, known as the Holocaust or the USC Shoah. Holocaust denial + refers specifically to any attempt to claim that the Holocaust + did not take place. Holocaust distortion refers to intentional + efforts to excuse or minimize the impact of the Holocaust or + its principal elements, including collaborators and allies of + Nazi Germany, to blame the Jews for causing their own genocide, + or to portray the Holocaust as a positive historical event. + (5) Holocaust education center.--The term ``Holocaust + education center'' means an institution that furthers the + teaching and learning about the Holocaust by offering programs + for students and training for teachers and other types of + professional leadership audiences. + (6) Holocaust education program.--The term ``Holocaust + education program'' means a program that-- + (A) has as its specific and primary purpose to + improve awareness and understanding of the Holocaust + and educate students on the lessons of the Holocaust as + a means to raise awareness about the importance of + preventing genocide, hate, and bigotry against any + group of people; + (B) is delivered to students enrolled in middle + grades or high school (as such terms are defined in + section 8101 of the Elementary and Secondary Education + Act of 1965 (20 U.S.C. 7801)); + (C) uses stories, testimonies, photos, diaries and + other educational tools to support understanding rather + than for shock value or sensationalism; and + (D) furnishes one or more of the following: + (i) Educational materials that are age- and + grade-appropriate. + (ii) Student and school-based activities, + including field trips. + (iii) The hiring of professional Holocaust + educators to lead programming. + (iv) Teacher training. + (v) Programming that includes the following + subjects where appropriate in instruction: + (I) The breadth of the history of + the Holocaust, including, the Third + Reich dictatorship, concentration camp + system, persecution of Jews and non- + Jews, Jewish and non-Jewish resistance, + and post-World War II trials. + (II) Antisemitism, racism, and the + abridgement of human and civil rights. + (vi) Instruction in the content of + Holocaust education that includes-- + (I) presentation of historically + accurate information; + (II) correct terminology, + vocabulary, and labels, and encouraging + students to use this vocabulary; and + (III) primary documents, including + personal testimony and sound historical + research from respected resources. + (vii) Supplementary resources required for + teacher training, including transportation for + teachers to and from training programs, housing + at training programs, payment for substitute + teachers while teachers are at training, and + transportation of trainers to schools to + provide training. + (viii) Goods or services designed to + improve awareness and understanding of the + Holocaust. + (7) Secretary.--The term ``Secretary'' means the Secretary + of Education. + +SEC. 4. PROGRAM AUTHORIZED. + + (a) Fund Established.-- + (1) In general.--There is established in the general fund + of the Treasury a separate account which shall be known as the + ``Holocaust Education Assistance Program Fund''. Amounts + deposited into the Holocaust Education Assistance Program Fund + shall remain available until expended to the Secretary to carry + out the purposes of this Act in accordance with subsection (d). + (2) Authorization of appropriations.--There are authorized + to be appropriated to the Holocaust Education Assistance + Program Fund, $2,000,000 for fiscal year 2020 and each of the 4 + succeeding fiscal years. + (b) Acceptance of Donations.--In furtherance of the purposes of +this Act, the Secretary is authorized to accept donations of funds and +in-kind contributions. Any funds donated under this subsection, and any +proceeds from the sales of other property received as gifts or bequests +pursuant to this subsection, shall be deposited in the Holocaust +Education Assistance Program Fund. + (c) Limitation.--A donation may not be accepted under subsection +(b) in exchange for a commitment to the donor on the part of the +Secretary or which attaches conditions inconsistent with applicable +laws and regulations or that is conditioned upon or will require the +expenditure of appropriated funds that are not available to the +Secretary, or which compromises a criminal or civil position of the +United States or any of its departments or agencies or the +administrative authority of any agency of the United States. The +Secretary shall ensure that each donation is subject to an agreement +that contains provisions setting forth the criteria to be used in +determining whether the acceptance of a donation is prohibited because +the donation would reflect unfavorably upon the ability of the +Department, or any official or employee of the Department, to carry out +its responsibilities or official duties in a fair and objective manner, +or would compromise the integrity or the appearance of the integrity of +its programs or any official or employee involved in those programs. + (d) Use of Funds.-- + (1) In general.--The Secretary is authorized to use funds + from the Holocaust Education Assistance Program Fund-- + (A) to award grants to eligible entities to carry + out Holocaust education programs; + (B) to conduct periodic regional workshops, in + partnership with Holocaust education centers when and + where appropriate, to provide teachers with technical + assistance on how to structure curricula to incorporate + Holocaust education in a manner that satisfies State + education standards, as described in section 1111(a) of + the Elementary and Secondary Education Act of 1965 (20 + U.S.C. 1111(a)), and standards set by local educational + agencies; + (C) to cover administrative costs associated with + fundraising authorized under this Act; and + (D) to cover administrative costs associated with + administering the grants and creating and maintaining + the online Holocaust education repository of resources, + defined in section 5. + (2) Limitation.--At least 90 percent of funds expended from + the Holocaust Education Assistance Program Fund shall be + expended to award grants to eligible entities to carry out + proposed Holocaust education programs. + (e) Applications.--The Secretary may award a grant under this Act +only to an eligible entity that has submitted an application to the +Secretary at such time, in such manner, and based on such competitive +criteria as the Secretary may require. + +SEC. 5. ONLINE HOLOCAUST EDUCATION REPOSITORY OF RESOURCES. + + (a) Website.--The Secretary shall create and maintain a Holocaust +education program website within an already existing site or, if +necessary, create a new site, containing Holocaust education program +resources for middle grades and high schools. The website shall +facilitate connections between eligible entities and Holocaust +education centers, institutions, and foundations displayed on the +website to gain expertise in content and pedagogy for instructing the +subject matter appropriately and effectively. The website and resources +shall be made available to all eligible entities and all Holocaust +education centers. The Secretary shall market the website along with +the Holocaust Education Assistance Program to State and local +educational agencies and all eligible entities. + (b) Information Distribution.--The Secretary shall distribute +information about the Holocaust Education Assistance Program and the +Holocaust Education Website to each State department of education and +to any local educational agency, individual school, individual teacher, +or Holocaust education center that requests the information. + (c) Best Practices.--The information distributed by the Secretary +shall include best practices for educators on how to incorporate +materials and resources on Holocaust education into a curriculum. + +SEC. 6. HOLOCAUST EDUCATION ADVISORY BOARD. + + (a) In General.--In carrying out this Act, the Secretary shall +establish an advisory board, which shall be known as the ``Holocaust +Education Advisory Board''. + (b) Membership.--The Holocaust Education Advisory Board shall +consist of 12 members, as follows: + (1) Finance directors.--Three finance directors, with + experience in nonprofit fundraising, who shall be responsible + for overseeing fundraising efforts for the Holocaust Education + Assistance Fund. These individuals may not be engaged in + fundraising for an existing Holocaust education center in a + formal or professional capacity at the time of their + appointment. + (2) National holocaust education representatives.--Four + national Holocaust education representatives, with educational + and professional experience in Holocaust education, who shall + represent leading national holocaust education centers, such as + the United States Holocaust Memorial Museum, the Simon + Wiesenthal Center, the USC Shoah Foundation, or the Anti- + Defamation League. + (3) Regional holocaust education representatives.--Four + regional Holocaust education representatives, with educational + and professional experience in Holocaust education, who shall + represent regional Holocaust education centers. + (4) Chairman.--One Chairman of the Board, with professional + experience in both Holocaust education and nonprofit + fundraising. + (c) Appointment.--Members of the Holocaust Education Advisory Board +shall be appointed as follows: + (1) Three members shall be appointed by the majority leader + of the Senate. + (2) Three members shall be appointed by the Speaker of the + House of Representatives. + (3) Three members shall be appointed by the minority leader + of the Senate. + (4) Three members shall be appointed by the minority leader + of the House of Representatives. + (d) Terms.--Each member of the Holocaust Education Advisory Board +shall serve a 4-year term, except that 4 members shall serve an initial +term of 6 years. + (e) Duties.--The Holocaust Education Advisory Board-- + (1) shall advise the Secretary on developing competitive + criteria and content of application as described in section + 4(e); + (2) shall advise the Secretary on the content that is + displayed on the Holocaust education program website required + under section 5; + (3) shall lead the effort to solicit donations for the + Holocaust Education Assistance Program Fund; and + (4) shall submit an annual fundraising plan to the + Secretary prior to the board receiving any funds for + administrative costs associated with fundraising. + (f) Personnel.--The Holocaust Education Advisory Board may be +granted funds by the Secretary from the Holocaust Education Assistance +Program Fund to employ and compensate an executive director and any +other additional personnel necessary for fundraising efforts. Any +individual employed by the Holocaust Education Advisory Board shall +not, by virtue of such employment, be considered a Federal employee for +the purpose of any law governing Federal employment. + (g) Limitations.-- + (1) In general.--The Holocaust Education Advisory Board + shall not be an agency or instrumentality of the Federal + Government, and officers, employees, and members of the board + of the Holocaust Education Advisory Board shall not be officers + or employees of the Federal Government. No funds from the + Holocaust Education Assistance Fund may be paid as compensation + to members of the Holocaust Education Advisory Board for their + service. + (2) Exception.--An individual who is employed by the United + States Holocaust Memorial Museum shall be eligible for + appointment to the Holocaust Education Advisory Board as a + national Holocaust education representative. + (h) Travel Expenses.--A member of the Advisory Board shall be +allowed a per diem allowance for travel expenses, to be paid for from +the Holocaust Education Assistance Program Fund, at rates consistent +with those authorized under subchapter I of chapter 57 of title 5, +United States Code. + (i) Technical Assistance.--On request of the Holocaust Education +Advisory Board, the head of a Federal agency may provide technical +assistance to the Holocaust Education Advisory Board, but no Federal +employee may be detailed to the Holocaust Education Advisory Board. + (j) Vacancies.--A vacancy in the Holocaust Education Advisory +Board-- + (1) shall not affect the powers of the Holocaust Education + Advisory Board; and + (2) shall be filled in the same manner as the original + appointment was made. + (k) Applicability of FACA.--The Holocaust Education Advisory Board +shall be treated as an advisory committee subject to the Federal +Advisory Committee Act (5 U.S.C. App.). + +SEC. 7. USE OF GRANT FUNDS. + + (a) In General.--Each eligible entity that receives a grant under +this Act shall use the grant funds to provide students with a Holocaust +education program in accordance with the following requirements: + (1) All resources shall be used for the purposes of + educating students on the history of the Holocaust and the + relevant lessons that can be learned from the Holocaust in + dealing with modern day issues of genocide, hate, and bigotry + against any group of people. This can include the teaching of + other genocides along with the Holocaust. + (2) Funds may only be used to carry out the Holocaust + education program for which the grant was provided. + (3) Any other limitation on use of funds established by the + Secretary, in consultation with the Holocaust Education + Advisory Board. + (b) Grant Period.--Grants awarded under this section shall be for a +period of 1 year. + (c) Requirements.--An eligible entity receiving a grant shall +comply with the following requirements: + (1) The eligible entity shall, throughout the period that + the institution receives and uses the funding, continue to be + an eligible entity. + (2) The eligible entity shall ensure the funding is used to + supplement, and not supplant, non-Federal funds that would + otherwise be available to the eligible entity to carry out the + Holocaust education program for which the grant was provided. + (d) Priority.--In awarding grants under this section, the Secretary +shall give priority to eligible entities that do not currently offer +any Holocaust education programming. + (e) Competitive Criteria.--The Secretary shall establish +competitive criteria for use in awarding grants under this Act not +later than 1 year after the date of the enactment of this Act. The +competitive criteria shall be displayed on the Department's Holocaust +Education Website along with all necessary forms and instructions to +allow eligible entities to apply for grants from the Holocaust +Education Assistance Program Fund. + +SEC. 8. REVIEW. + + The Secretary shall review at least annually each eligible entity +receiving a grant under this Act to determine the extent to which the +eligible entity may not be in compliance with the provisions of this +Act and the regulations issued under this Act. The Secretary shall +consult the Advisory Board as needed for uncertain cases. The Secretary +shall also establish a process for the Advisory Board to submit +instances of suspected noncompliance for programs supported by these +funds, and the Secretary shall review any grant that is submitted by +the Advisory Board for suspected noncompliance not later than 60 days +after the Advisory Board submits a program for review by the Secretary, +and the Secretary shall notify the grantee of potential noncompliance. + +SEC. 9. ANNUAL REPORT. + + (a) In General.--Not later than February 1 of each year, the +Secretary shall submit to the Congress a report describing the +activities carried out under this Act. The report shall include the +following information: + (1) The amount of money donated to the Holocaust Education + Assistance Program Fund. + (2) The amount of money allocated in grants from the fund. + (3) The number of eligible entities using the grant funding + to offer instruction in Holocaust education. + (4) A description of the manner in which eligible entity + are offering instruction in Holocaust education. + (5) The number of hours instruction is offered, the grade + levels that such instruction is offered and the course within + which such instruction is integrated. + (b) Additional Information.--The report shall also contain any +other related information that the Secretary considers appropriate. + \ No newline at end of file From 37460267ef3803dd79fba87323fd5681936e84ec Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 092/984] House-943: Engrossed in House --- bills_text/House-943.txt | 592 +++++++++++++-------------------------- 1 file changed, 193 insertions(+), 399 deletions(-) diff --git a/bills_text/House-943.txt b/bills_text/House-943.txt index d33ef4d..9779828 100644 --- a/bills_text/House-943.txt +++ b/bills_text/House-943.txt @@ -1,37 +1,15 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 943 - To authorize the Secretary of Education to award grants to eligible -entities to carry out educational programs about the Holocaust, and for - other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 31, 2019 - - Mrs. Carolyn B. Maloney of New York (for herself, Ms. Stefanik, Mr. -Fitzpatrick, Ms. Norton, Mr. Vela, Mr. Deutch, Mr. Cohen, Mrs. Davis of -California, Mr. Cartwright, Mr. Rose of New York, Mr. King of New York, -Mr. Lowenthal, Ms. Lofgren, Mr. Brendan F. Boyle of Pennsylvania, Miss - Rice of New York, Mr. Kind, Mr. Pallone, Ms. Wasserman Schultz, Mr. - McNerney, Ms. Clarke of New York, Ms. Wilson of Florida, Mr. McCaul, - and Mr. Carson of Indiana) introduced the following bill; which was - referred to the Committee on Education and Labor - _______________________________________________________________________ - A BILL + AN ACT - To authorize the Secretary of Education to award grants to eligible -entities to carry out educational programs about the Holocaust, and for - other purposes. + To authorize the Director of the United States Holocaust Memorial +Museum to support Holocaust education programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -46,12 +24,11 @@ SEC. 2. FINDINGS. (1) The United States has demonstrated a commitment to remembrance and education about the Holocaust through bilateral relationships and engagement in international organizations - such as the United Nations (UN) and the International Holocaust - Remembrance Association (IHRA); the United States works to - promote Holocaust education as a means to understand the - importance of democratic principles, use and abuse of power, - and to raise awareness about the importance of genocide - prevention today. + such as the United Nations and the International Holocaust + Remembrance Alliance; the United States works to promote + Holocaust education as a means to understand the importance of + democratic principles, use and abuse of power, and to raise + awareness about the importance of genocide prevention today. (2) The Congress has played a critical role in preserving the memory of the Holocaust and promoting awareness, including by authorizing the United States Holocaust Memorial Museum as @@ -59,31 +36,26 @@ SEC. 2. FINDINGS. ensure that ``the study of the Holocaust become part of the curriculum in every school system in the country'', as well as by establishing a national Holocaust Remembrance Day in 1978. - (3) The Congress has gone on record in support of expanded - Holocaust education to increase awareness about Holocaust - history, counter prejudice and discrimination, and enhance - efforts to teach its universal lessons about human behavior and - societal cohesion. - (4) More than 70 years after the conclusion of World War - II, with the decreasing number of eyewitnesses and growing - distance of students and their families from this history, it - is important to institutionalize education about the events of - the Holocaust such as the Nazis' racist ideology, propaganda, - and plan to lead a state to war and, with their collaborators, - kill millions--including the systematic murder of 6,000,000 - Jewish people; as well as the persecution and murder of - millions of others in the name of racial purity, political, - ideological, and behavioral grounds, among them Roma, the - disabled, the Slavic people, Communists, Socialists, Jehovah's - Witnesses, and homosexuals. - (5) As intolerance, antisemitism, bigotry, and all forms of - hate are promoted by hate groups, Holocaust education provides - a context in which to learn about the danger of what can happen - when hate goes unchallenged and there is indifference in the - face of the oppression of others; learning how and why the - Holocaust happened is an important component of the education - of citizens of the United States. - (6) Today, those who deny that the Holocaust occurred or + (3) 75 years after the conclusion of World War II, with the + decreasing number of eyewitnesses and growing distance of + students and their families from this history, it is important + to institutionalize education about the events of the Holocaust + such as the German Nazis' racist ideology, propaganda, and plan + to lead a state to war and, with their collaborators, kill + millions--including the systematic murder of 6,000,000 Jewish + people; as well as the persecution and murder of millions of + others in the name of racial purity, political, ideological, + and behavioral grounds, among them Roma, the disabled, the + Slavs, Communists, Socialists, Jehovah's Witnesses, and + homosexuals. + (4) As intolerance, antisemitism, and bigotry are promoted + by hate groups, Holocaust education provides a context in which + to learn about the danger of what can happen when hate goes + unchallenged and there is indifference in the face of the + oppression of others; learning how and why the Holocaust + happened is an important component of the education of citizens + of the United States. + (5) Today, those who deny that the Holocaust occurred or distort the true nature of the Holocaust continue to find forums, especially online; this denial and distortion dishonors those who were persecuted, and murdered, making it even more of @@ -94,378 +66,200 @@ SEC. 2. FINDINGS. be less susceptible to the falsehood of Holocaust denial and distortion and to the destructive messages of hate that arise from Holocaust denial and distortion. - (7) Currently, 8 States (California, Florida, Illinois, - Indiana, Michigan, New Jersey, New York, and Rhode Island) - require by law that schools teach students about the Holocaust; - more schools and teachers can and should deliver quality - Holocaust education. - (8) While there are thriving professional development - programs across the United States delivered by Holocaust - education centers, such as members of the Association of - Holocaust Organizations, many students still have little - exposure to education about the events of the Holocaust and its - relevance to their lives, in part due to the many financial and - logistical barriers to getting resources from Holocaust - education centers to students in the classroom. - (9) The Federal Government, especially the Department of - Education, has a role to play in promoting resources and - training that can assist teachers and primary and secondary - schools incorporate the study of the Holocaust into their - curriculum, to help ensure that students have access to - accurate and engaging historical information about the - Holocaust, and the Department of Education is well-positioned - to assist Holocaust education centers in overcoming many of the - barriers to expanding Holocaust education, which will allow - more students to learn the lessons of the Holocaust. + (6) Currently, 12 States (California, Connecticut, Florida, + Illinois, Indiana, Kentucky, Michigan, New Jersey, New York, + Oregon, Pennsylvania, and Rhode Island) require by law that + schools teach students about the Holocaust; more schools and + teachers, including those in underserved communities, can and + should deliver quality Holocaust education. + (7) For more than 30 years, the United States Holocaust + Memorial Museum has worked to build and support the field of + Holocaust education, and advance the quality and sustainability + of Holocaust education at the local, State, and national + levels, by engaging teachers and students across disciplines + and grade levels. + (8) The Federal Government, through support for educational + activities of national museums established under Federal law, + can assist teachers in efforts to incorporate historically + accurate instruction on human rights atrocities, including the + Holocaust, in curricula. SEC. 3. DEFINITIONS. In this Act: - (1) Eligible entity.--The term ``eligible entity'' means-- - (A) a local educational agency (as defined in - section 8101 of the Elementary and Secondary Education - Act of 1965 (20 U.S.C. 7801)); - (B) an organization eligible to receive funds under - part B of title IV of such Act (20 U.S.C. 7171 et - seq.); or - (C) a secondary school (as defined in section 8101 - of such Act (20 U.S.C. 7801)), that is independent of - any local educational agency. - (2) Antisemitism.--The term ``antisemitism'' means a + (1) Antisemitism.--The term ``antisemitism'' means a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals or their property, toward Jewish community institutions and religious facilities. - (3) Holocaust.--The term ``the Holocaust'' means the + (2) Director.--The term ``Director'' means the Director of + the United States Holocaust Memorial Museum. + (3) Eligible program participant.--The term ``eligible + program participant'' means-- + (A) a high school teacher, a teacher of one of the + middle grades, or a school leader of a high school or a + school that includes one of the middle grades (as such + terms are defined in section 8101 of the Elementary and + Secondary Education Act of 1965 (20 U.S.C. 7801)); + (B) an educational leader or expert who is not + employed by a local educational agency (as defined in + section 8101 of the Elementary and Secondary Education + Act of 1965 (20 U.S.C. 7801)) or an elementary school + or secondary school (as such terms are so defined) that + is independent of any local educational agency; or + (C) a prospective teacher enrolled in a program of + postsecondary education coursework or preservice + clinical education. + (4) Holocaust.--The term ``the Holocaust'' means the systematic, bureaucratic, state-sponsored persecution and - murder of approximately 6,000,000 Jews by the Nazi regime and - its collaborators. During the era of the Holocaust, German + murder of 6,000,000 Jews by the Nazi regime and its allies and + collaborators. During the era of the Holocaust, German authorities also targeted other groups because of their - perceived ``racial inferiority'', such as Roma gypsies, the - disabled, and some of the Slavic people (Poles, Russians, and - others). Other groups were persecuted on political, + perceived ``racial inferiority'', such as Roma, the disabled, + and Slavs. Other groups were persecuted on political, ideological, and behavioral grounds, among them Communists, Socialists, Jehovah's Witnesses, and homosexuals. - (4) Holocaust denial and distortion.--The term ``Holocaust + (5) Holocaust denial and distortion.--The term ``Holocaust denial and distortion'' means discourse and propaganda that deny the historical reality and the extent of the extermination of the Jews by the Nazis and their accomplices during World War - II, known as the Holocaust or the USC Shoah. Holocaust denial - refers specifically to any attempt to claim that the Holocaust - did not take place. Holocaust distortion refers to intentional - efforts to excuse or minimize the impact of the Holocaust or - its principal elements, including collaborators and allies of - Nazi Germany, to blame the Jews for causing their own genocide, - or to portray the Holocaust as a positive historical event. - (5) Holocaust education center.--The term ``Holocaust + II, known as the Holocaust. Holocaust denial refers + specifically to any attempt to claim that the Holocaust did not + take place. Holocaust distortion refers to efforts to excuse or + minimize the events of the Holocaust or its principal elements, + including collaborators and allies of Nazi Germany, to blame + the Jews for causing their own genocide, or to portray the + Holocaust as a positive historical event. + (6) Holocaust education center.--The term ``Holocaust education center'' means an institution that furthers the teaching and learning about the Holocaust by offering programs for students and training for teachers and other types of professional leadership audiences. - (6) Holocaust education program.--The term ``Holocaust - education program'' means a program that-- - (A) has as its specific and primary purpose to - improve awareness and understanding of the Holocaust - and educate students on the lessons of the Holocaust as - a means to raise awareness about the importance of - preventing genocide, hate, and bigotry against any - group of people; - (B) is delivered to students enrolled in middle - grades or high school (as such terms are defined in - section 8101 of the Elementary and Secondary Education - Act of 1965 (20 U.S.C. 7801)); - (C) uses stories, testimonies, photos, diaries and - other educational tools to support understanding rather - than for shock value or sensationalism; and - (D) furnishes one or more of the following: - (i) Educational materials that are age- and - grade-appropriate. - (ii) Student and school-based activities, - including field trips. - (iii) The hiring of professional Holocaust - educators to lead programming. - (iv) Teacher training. - (v) Programming that includes the following - subjects where appropriate in instruction: - (I) The breadth of the history of - the Holocaust, including, the Third - Reich dictatorship, concentration camp - system, persecution of Jews and non- - Jews, Jewish and non-Jewish resistance, - and post-World War II trials. - (II) Antisemitism, racism, and the - abridgement of human and civil rights. - (vi) Instruction in the content of - Holocaust education that includes-- - (I) presentation of historically - accurate information; - (II) correct terminology, - vocabulary, and labels, and encouraging - students to use this vocabulary; and - (III) primary documents, including - personal testimony and sound historical - research from respected resources. - (vii) Supplementary resources required for - teacher training, including transportation for - teachers to and from training programs, housing - at training programs, payment for substitute - teachers while teachers are at training, and - transportation of trainers to schools to - provide training. - (viii) Goods or services designed to - improve awareness and understanding of the - Holocaust. - (7) Secretary.--The term ``Secretary'' means the Secretary - of Education. + (7) Holocaust education program.--The term ``Holocaust + education program'' means a program that has as its specific + and primary purpose to improve awareness and understanding of + the Holocaust and educate individuals on the lessons of the + Holocaust as a means to raise awareness about the importance of + preventing genocide, hate, and bigotry against any group of + people. SEC. 4. PROGRAM AUTHORIZED. - (a) Fund Established.-- - (1) In general.--There is established in the general fund - of the Treasury a separate account which shall be known as the - ``Holocaust Education Assistance Program Fund''. Amounts - deposited into the Holocaust Education Assistance Program Fund - shall remain available until expended to the Secretary to carry - out the purposes of this Act in accordance with subsection (d). - (2) Authorization of appropriations.--There are authorized - to be appropriated to the Holocaust Education Assistance - Program Fund, $2,000,000 for fiscal year 2020 and each of the 4 - succeeding fiscal years. - (b) Acceptance of Donations.--In furtherance of the purposes of -this Act, the Secretary is authorized to accept donations of funds and -in-kind contributions. Any funds donated under this subsection, and any -proceeds from the sales of other property received as gifts or bequests -pursuant to this subsection, shall be deposited in the Holocaust -Education Assistance Program Fund. - (c) Limitation.--A donation may not be accepted under subsection -(b) in exchange for a commitment to the donor on the part of the -Secretary or which attaches conditions inconsistent with applicable -laws and regulations or that is conditioned upon or will require the -expenditure of appropriated funds that are not available to the -Secretary, or which compromises a criminal or civil position of the -United States or any of its departments or agencies or the -administrative authority of any agency of the United States. The -Secretary shall ensure that each donation is subject to an agreement -that contains provisions setting forth the criteria to be used in -determining whether the acceptance of a donation is prohibited because -the donation would reflect unfavorably upon the ability of the -Department, or any official or employee of the Department, to carry out -its responsibilities or official duties in a fair and objective manner, -or would compromise the integrity or the appearance of the integrity of -its programs or any official or employee involved in those programs. - (d) Use of Funds.-- - (1) In general.--The Secretary is authorized to use funds - from the Holocaust Education Assistance Program Fund-- - (A) to award grants to eligible entities to carry - out Holocaust education programs; - (B) to conduct periodic regional workshops, in - partnership with Holocaust education centers when and - where appropriate, to provide teachers with technical - assistance on how to structure curricula to incorporate - Holocaust education in a manner that satisfies State - education standards, as described in section 1111(a) of - the Elementary and Secondary Education Act of 1965 (20 - U.S.C. 1111(a)), and standards set by local educational - agencies; - (C) to cover administrative costs associated with - fundraising authorized under this Act; and - (D) to cover administrative costs associated with - administering the grants and creating and maintaining - the online Holocaust education repository of resources, - defined in section 5. - (2) Limitation.--At least 90 percent of funds expended from - the Holocaust Education Assistance Program Fund shall be - expended to award grants to eligible entities to carry out - proposed Holocaust education programs. - (e) Applications.--The Secretary may award a grant under this Act -only to an eligible entity that has submitted an application to the -Secretary at such time, in such manner, and based on such competitive -criteria as the Secretary may require. + (a) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this Act $2,000,000 for fiscal year 2021 and +each of the 4 succeeding fiscal years. + (b) Donations, Gifts, Bequests, and Devises of Property.--In +accordance with chapter 23 of title 36, United States Code, and in +furtherance of the purposes of this Act, the Director is authorized to +solicit, accept, hold, administer, invest, and use donated funds and +gifts, bequests, and devises of property, both real and personal. + (c) Use of Funds.--The Director, using funds appropriated under +subsection (a) and resources received under subsection (b), and +including through the engagement of eligible program participants as +appropriate-- + (1) shall develop and nationally disseminate accurate, + relevant, and accessible resources to promote understanding + about how and why the Holocaust happened, which shall include + digital resources and may include other types of resources, + such as print resources and traveling exhibitions; and + (2) may carry out one or more of the following Holocaust + education program activities: + (A) Development, dissemination, and implementation + of principles of sound pedagogy for teaching about the + Holocaust. + (B) Provision of professional development for + eligible program participants, such as through-- + (i) local, regional, and national + workshops; + (ii) teacher trainings in conjunction with + Holocaust education centers and other + appropriate partners; + (iii) engagement with-- + (I) local educational agencies (as + defined in section 8101 of the + Elementary and Secondary Education Act + of 1965 (20 U.S.C. 21 7801)); and + (II) high schools and schools that + include one of the middle grades (as so + defined) that are independent of any + local educational agency; and + (iv) operation and expansion of a teacher + fellowship program to cultivate and support + leaders in Holocaust education. + (C) Engagement with State and local education + leaders to encourage the adoption of resources + supported under this Act into curricula across diverse + disciplines. + (D) Evaluation and research to assess the + effectiveness and impact of Holocaust education + programs, which may include completion of the report + required under section 8. + (d) Applications.--The Director may seek the engagement of an +eligible program participant under subsection (c) by requiring +submission of an application to the Director at such time, in such +manner, and based on such competitive criteria as the Director may +require. + +SEC. 5. ONLINE HOLOCAUST EDUCATION RESOURCES. + + (a) Website.--The Director shall maintain on the website of the +United States Holocaust Memorial Museum a special section designated +for Holocaust education resources to improve awareness and +understanding of the Holocaust and educate individuals on the lessons +of the Holocaust as a means to raise awareness about the importance of +preventing genocide, hate, and bigotry against any group of people. The +website and resources shall be made publically available. + (b) Information Distribution.--The Director shall distribute +information about the activities funded under this Act through the +website of the United States Holocaust Memorial Museum, and shall +respond to inquiries for supplementary information concerning such +activities. + (c) Best Practices.--The information distributed by the Director +shall include best practices for educators. -SEC. 5. ONLINE HOLOCAUST EDUCATION REPOSITORY OF RESOURCES. +SEC. 6. UNITED STATES HOLOCAUST MEMORIAL COUNCIL. - (a) Website.--The Secretary shall create and maintain a Holocaust -education program website within an already existing site or, if -necessary, create a new site, containing Holocaust education program -resources for middle grades and high schools. The website shall -facilitate connections between eligible entities and Holocaust -education centers, institutions, and foundations displayed on the -website to gain expertise in content and pedagogy for instructing the -subject matter appropriately and effectively. The website and resources -shall be made available to all eligible entities and all Holocaust -education centers. The Secretary shall market the website along with -the Holocaust Education Assistance Program to State and local -educational agencies and all eligible entities. - (b) Information Distribution.--The Secretary shall distribute -information about the Holocaust Education Assistance Program and the -Holocaust Education Website to each State department of education and -to any local educational agency, individual school, individual teacher, -or Holocaust education center that requests the information. - (c) Best Practices.--The information distributed by the Secretary -shall include best practices for educators on how to incorporate -materials and resources on Holocaust education into a curriculum. + The United States Holocaust Memorial Council established under +section 2302 of title 36, United States Code, shall have governance +responsibility for the programs and activities carried out under this +Act in accordance with chapter 23 of title 36, United States Code. -SEC. 6. HOLOCAUST EDUCATION ADVISORY BOARD. +SEC. 7. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS. - (a) In General.--In carrying out this Act, the Secretary shall -establish an advisory board, which shall be known as the ``Holocaust -Education Advisory Board''. - (b) Membership.--The Holocaust Education Advisory Board shall -consist of 12 members, as follows: - (1) Finance directors.--Three finance directors, with - experience in nonprofit fundraising, who shall be responsible - for overseeing fundraising efforts for the Holocaust Education - Assistance Fund. These individuals may not be engaged in - fundraising for an existing Holocaust education center in a - formal or professional capacity at the time of their - appointment. - (2) National holocaust education representatives.--Four - national Holocaust education representatives, with educational - and professional experience in Holocaust education, who shall - represent leading national holocaust education centers, such as - the United States Holocaust Memorial Museum, the Simon - Wiesenthal Center, the USC Shoah Foundation, or the Anti- - Defamation League. - (3) Regional holocaust education representatives.--Four - regional Holocaust education representatives, with educational - and professional experience in Holocaust education, who shall - represent regional Holocaust education centers. - (4) Chairman.--One Chairman of the Board, with professional - experience in both Holocaust education and nonprofit - fundraising. - (c) Appointment.--Members of the Holocaust Education Advisory Board -shall be appointed as follows: - (1) Three members shall be appointed by the majority leader - of the Senate. - (2) Three members shall be appointed by the Speaker of the - House of Representatives. - (3) Three members shall be appointed by the minority leader - of the Senate. - (4) Three members shall be appointed by the minority leader - of the House of Representatives. - (d) Terms.--Each member of the Holocaust Education Advisory Board -shall serve a 4-year term, except that 4 members shall serve an initial -term of 6 years. - (e) Duties.--The Holocaust Education Advisory Board-- - (1) shall advise the Secretary on developing competitive - criteria and content of application as described in section - 4(e); - (2) shall advise the Secretary on the content that is - displayed on the Holocaust education program website required - under section 5; - (3) shall lead the effort to solicit donations for the - Holocaust Education Assistance Program Fund; and - (4) shall submit an annual fundraising plan to the - Secretary prior to the board receiving any funds for - administrative costs associated with fundraising. - (f) Personnel.--The Holocaust Education Advisory Board may be -granted funds by the Secretary from the Holocaust Education Assistance -Program Fund to employ and compensate an executive director and any -other additional personnel necessary for fundraising efforts. Any -individual employed by the Holocaust Education Advisory Board shall -not, by virtue of such employment, be considered a Federal employee for -the purpose of any law governing Federal employment. - (g) Limitations.-- - (1) In general.--The Holocaust Education Advisory Board - shall not be an agency or instrumentality of the Federal - Government, and officers, employees, and members of the board - of the Holocaust Education Advisory Board shall not be officers - or employees of the Federal Government. No funds from the - Holocaust Education Assistance Fund may be paid as compensation - to members of the Holocaust Education Advisory Board for their - service. - (2) Exception.--An individual who is employed by the United - States Holocaust Memorial Museum shall be eligible for - appointment to the Holocaust Education Advisory Board as a - national Holocaust education representative. - (h) Travel Expenses.--A member of the Advisory Board shall be -allowed a per diem allowance for travel expenses, to be paid for from -the Holocaust Education Assistance Program Fund, at rates consistent -with those authorized under subchapter I of chapter 57 of title 5, -United States Code. - (i) Technical Assistance.--On request of the Holocaust Education -Advisory Board, the head of a Federal agency may provide technical -assistance to the Holocaust Education Advisory Board, but no Federal -employee may be detailed to the Holocaust Education Advisory Board. - (j) Vacancies.--A vacancy in the Holocaust Education Advisory -Board-- - (1) shall not affect the powers of the Holocaust Education - Advisory Board; and - (2) shall be filled in the same manner as the original - appointment was made. - (k) Applicability of FACA.--The Holocaust Education Advisory Board -shall be treated as an advisory committee subject to the Federal -Advisory Committee Act (5 U.S.C. App.). + (a) In General.--An eligible program participant shall be engaged +at the discretion of the Director to participate in Holocaust education +program activities authorized under this Act and approved by the +Director pursuant to an application described in section 4(d). + (b) Engagement Period.--Engagement of eligible program participants +under this Act shall be for a period determined by the Director. + (c) Priority.--In engaging eligible program participants under +section 4, the Director shall give priority to applications from such +participants who work for or with a local educational agency, or a +school that is independent of any local educational agency, that does +not, at the time application is made, offer any Holocaust education +programming. -SEC. 7. USE OF GRANT FUNDS. +SEC. 8. ANNUAL REPORT. - (a) In General.--Each eligible entity that receives a grant under -this Act shall use the grant funds to provide students with a Holocaust -education program in accordance with the following requirements: - (1) All resources shall be used for the purposes of - educating students on the history of the Holocaust and the - relevant lessons that can be learned from the Holocaust in - dealing with modern day issues of genocide, hate, and bigotry - against any group of people. This can include the teaching of - other genocides along with the Holocaust. - (2) Funds may only be used to carry out the Holocaust - education program for which the grant was provided. - (3) Any other limitation on use of funds established by the - Secretary, in consultation with the Holocaust Education - Advisory Board. - (b) Grant Period.--Grants awarded under this section shall be for a -period of 1 year. - (c) Requirements.--An eligible entity receiving a grant shall -comply with the following requirements: - (1) The eligible entity shall, throughout the period that - the institution receives and uses the funding, continue to be - an eligible entity. - (2) The eligible entity shall ensure the funding is used to - supplement, and not supplant, non-Federal funds that would - otherwise be available to the eligible entity to carry out the - Holocaust education program for which the grant was provided. - (d) Priority.--In awarding grants under this section, the Secretary -shall give priority to eligible entities that do not currently offer -any Holocaust education programming. - (e) Competitive Criteria.--The Secretary shall establish -competitive criteria for use in awarding grants under this Act not -later than 1 year after the date of the enactment of this Act. The -competitive criteria shall be displayed on the Department's Holocaust -Education Website along with all necessary forms and instructions to -allow eligible entities to apply for grants from the Holocaust -Education Assistance Program Fund. + Not later than February 1 of each year, the Director shall submit +to the Congress a report describing the activities carried out under +this Act. -SEC. 8. REVIEW. + Passed the House of Representatives January 27, 2020. - The Secretary shall review at least annually each eligible entity -receiving a grant under this Act to determine the extent to which the -eligible entity may not be in compliance with the provisions of this -Act and the regulations issued under this Act. The Secretary shall -consult the Advisory Board as needed for uncertain cases. The Secretary -shall also establish a process for the Advisory Board to submit -instances of suspected noncompliance for programs supported by these -funds, and the Secretary shall review any grant that is submitted by -the Advisory Board for suspected noncompliance not later than 60 days -after the Advisory Board submits a program for review by the Secretary, -and the Secretary shall notify the grantee of potential noncompliance. + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 943 + +_______________________________________________________________________ -SEC. 9. ANNUAL REPORT. + AN ACT - (a) In General.--Not later than February 1 of each year, the -Secretary shall submit to the Congress a report describing the -activities carried out under this Act. The report shall include the -following information: - (1) The amount of money donated to the Holocaust Education - Assistance Program Fund. - (2) The amount of money allocated in grants from the fund. - (3) The number of eligible entities using the grant funding - to offer instruction in Holocaust education. - (4) A description of the manner in which eligible entity - are offering instruction in Holocaust education. - (5) The number of hours instruction is offered, the grade - levels that such instruction is offered and the course within - which such instruction is integrated. - (b) Additional Information.--The report shall also contain any -other related information that the Secretary considers appropriate. - \ No newline at end of file + To authorize the Director of the United States Holocaust Memorial +Museum to support Holocaust education programs, and for other purposes. From f038f86cb3b0d828b99337c403a15f050e391911 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 093/984] House-943: Enrolled --- bills_text/House-943.txt | 357 ++++++++++++++++++--------------------- 1 file changed, 163 insertions(+), 194 deletions(-) diff --git a/bills_text/House-943.txt b/bills_text/House-943.txt index 9779828..008bd9c 100644 --- a/bills_text/House-943.txt +++ b/bills_text/House-943.txt @@ -1,151 +1,146 @@ -116th CONGRESS - 2d Session - H. R. 943 + H.R.943 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To authorize the Director of the United States Holocaust Memorial -Museum to support Holocaust education programs, and for other purposes. +To authorize the Director of the United States Holocaust Memorial Museum + to support Holocaust education programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Never Again Education Act''. - SEC. 2. FINDINGS. - The Congress finds the following: - (1) The United States has demonstrated a commitment to - remembrance and education about the Holocaust through bilateral - relationships and engagement in international organizations - such as the United Nations and the International Holocaust - Remembrance Alliance; the United States works to promote - Holocaust education as a means to understand the importance of - democratic principles, use and abuse of power, and to raise - awareness about the importance of genocide prevention today. - (2) The Congress has played a critical role in preserving - the memory of the Holocaust and promoting awareness, including - by authorizing the United States Holocaust Memorial Museum as - an independent establishment of the Federal Government to - ensure that ``the study of the Holocaust become part of the - curriculum in every school system in the country'', as well as - by establishing a national Holocaust Remembrance Day in 1978. - (3) 75 years after the conclusion of World War II, with the - decreasing number of eyewitnesses and growing distance of - students and their families from this history, it is important - to institutionalize education about the events of the Holocaust - such as the German Nazis' racist ideology, propaganda, and plan - to lead a state to war and, with their collaborators, kill - millions--including the systematic murder of 6,000,000 Jewish - people; as well as the persecution and murder of millions of - others in the name of racial purity, political, ideological, - and behavioral grounds, among them Roma, the disabled, the - Slavs, Communists, Socialists, Jehovah's Witnesses, and - homosexuals. - (4) As intolerance, antisemitism, and bigotry are promoted - by hate groups, Holocaust education provides a context in which - to learn about the danger of what can happen when hate goes - unchallenged and there is indifference in the face of the - oppression of others; learning how and why the Holocaust - happened is an important component of the education of citizens - of the United States. - (5) Today, those who deny that the Holocaust occurred or - distort the true nature of the Holocaust continue to find - forums, especially online; this denial and distortion dishonors - those who were persecuted, and murdered, making it even more of - a national imperative to educate students in the United States - so that they may explore the lessons that the Holocaust - provides for all people, sensitize communities to the - circumstances that gave rise to the Holocaust, and help youth - be less susceptible to the falsehood of Holocaust denial and - distortion and to the destructive messages of hate that arise - from Holocaust denial and distortion. - (6) Currently, 12 States (California, Connecticut, Florida, - Illinois, Indiana, Kentucky, Michigan, New Jersey, New York, - Oregon, Pennsylvania, and Rhode Island) require by law that - schools teach students about the Holocaust; more schools and - teachers, including those in underserved communities, can and - should deliver quality Holocaust education. - (7) For more than 30 years, the United States Holocaust - Memorial Museum has worked to build and support the field of - Holocaust education, and advance the quality and sustainability - of Holocaust education at the local, State, and national - levels, by engaging teachers and students across disciplines - and grade levels. - (8) The Federal Government, through support for educational - activities of national museums established under Federal law, - can assist teachers in efforts to incorporate historically - accurate instruction on human rights atrocities, including the - Holocaust, in curricula. - + (1) The United States has demonstrated a commitment to + remembrance and education about the Holocaust through bilateral + relationships and engagement in international organizations such as + the United Nations and the International Holocaust Remembrance + Alliance; the United States works to promote Holocaust education as + a means to understand the importance of democratic principles, use + and abuse of power, and to raise awareness about the importance of + genocide prevention today. + (2) The Congress has played a critical role in preserving the + memory of the Holocaust and promoting awareness, including by + authorizing the United States Holocaust Memorial Museum as an + independent establishment of the Federal Government to ensure that + ``the study of the Holocaust become part of the curriculum in every + school system in the country'', as well as by establishing a + national Holocaust Remembrance Day in 1978. + (3) 75 years after the conclusion of World War II, with the + decreasing number of eyewitnesses and growing distance of students + and their families from this history, it is important to + institutionalize education about the events of the Holocaust such + as the German Nazis' racist ideology, propaganda, and plan to lead + a state to war and, with their collaborators, kill millions-- + including the systematic murder of 6,000,000 Jewish people; as well + as the persecution and murder of millions of others in the name of + racial purity, political, ideological, and behavioral grounds, + among them Roma, the disabled, the Slavs, Communists, Socialists, + Jehovah's Witnesses, and homosexuals. + (4) As intolerance, antisemitism, and bigotry are promoted by + hate groups, Holocaust education provides a context in which to + learn about the danger of what can happen when hate goes + unchallenged and there is indifference in the face of the + oppression of others; learning how and why the Holocaust happened + is an important component of the education of citizens of the + United States. + (5) Today, those who deny that the Holocaust occurred or + distort the true nature of the Holocaust continue to find forums, + especially online; this denial and distortion dishonors those who + were persecuted, and murdered, making it even more of a national + imperative to educate students in the United States so that they + may explore the lessons that the Holocaust provides for all people, + sensitize communities to the circumstances that gave rise to the + Holocaust, and help youth be less susceptible to the falsehood of + Holocaust denial and distortion and to the destructive messages of + hate that arise from Holocaust denial and distortion. + (6) Currently, 12 States (California, Connecticut, Florida, + Illinois, Indiana, Kentucky, Michigan, New Jersey, New York, + Oregon, Pennsylvania, and Rhode Island) require by law that schools + teach students about the Holocaust; more schools and teachers, + including those in underserved communities, can and should deliver + quality Holocaust education. + (7) For more than 30 years, the United States Holocaust + Memorial Museum has worked to build and support the field of + Holocaust education, and advance the quality and sustainability of + Holocaust education at the local, State, and national levels, by + engaging teachers and students across disciplines and grade levels. + (8) The Federal Government, through support for educational + activities of national museums established under Federal law, can + assist teachers in efforts to incorporate historically accurate + instruction on human rights atrocities, including the Holocaust, in + curricula. SEC. 3. DEFINITIONS. - In this Act: - (1) Antisemitism.--The term ``antisemitism'' means a - certain perception of Jews, which may be expressed as hatred - toward Jews. Rhetorical and physical manifestations of - antisemitism are directed toward Jewish or non-Jewish - individuals or their property, toward Jewish community - institutions and religious facilities. - (2) Director.--The term ``Director'' means the Director of - the United States Holocaust Memorial Museum. - (3) Eligible program participant.--The term ``eligible - program participant'' means-- - (A) a high school teacher, a teacher of one of the - middle grades, or a school leader of a high school or a - school that includes one of the middle grades (as such - terms are defined in section 8101 of the Elementary and - Secondary Education Act of 1965 (20 U.S.C. 7801)); - (B) an educational leader or expert who is not - employed by a local educational agency (as defined in - section 8101 of the Elementary and Secondary Education - Act of 1965 (20 U.S.C. 7801)) or an elementary school - or secondary school (as such terms are so defined) that - is independent of any local educational agency; or - (C) a prospective teacher enrolled in a program of - postsecondary education coursework or preservice - clinical education. - (4) Holocaust.--The term ``the Holocaust'' means the - systematic, bureaucratic, state-sponsored persecution and - murder of 6,000,000 Jews by the Nazi regime and its allies and - collaborators. During the era of the Holocaust, German - authorities also targeted other groups because of their - perceived ``racial inferiority'', such as Roma, the disabled, - and Slavs. Other groups were persecuted on political, - ideological, and behavioral grounds, among them Communists, - Socialists, Jehovah's Witnesses, and homosexuals. - (5) Holocaust denial and distortion.--The term ``Holocaust - denial and distortion'' means discourse and propaganda that - deny the historical reality and the extent of the extermination - of the Jews by the Nazis and their accomplices during World War - II, known as the Holocaust. Holocaust denial refers - specifically to any attempt to claim that the Holocaust did not - take place. Holocaust distortion refers to efforts to excuse or - minimize the events of the Holocaust or its principal elements, - including collaborators and allies of Nazi Germany, to blame - the Jews for causing their own genocide, or to portray the - Holocaust as a positive historical event. - (6) Holocaust education center.--The term ``Holocaust - education center'' means an institution that furthers the - teaching and learning about the Holocaust by offering programs - for students and training for teachers and other types of - professional leadership audiences. - (7) Holocaust education program.--The term ``Holocaust - education program'' means a program that has as its specific - and primary purpose to improve awareness and understanding of - the Holocaust and educate individuals on the lessons of the - Holocaust as a means to raise awareness about the importance of - preventing genocide, hate, and bigotry against any group of - people. - + (1) Antisemitism.--The term ``antisemitism'' means a certain + perception of Jews, which may be expressed as hatred toward Jews. + Rhetorical and physical manifestations of antisemitism are directed + toward Jewish or non-Jewish individuals or their property, toward + Jewish community institutions and religious facilities. + (2) Director.--The term ``Director'' means the Director of the + United States Holocaust Memorial Museum. + (3) Eligible program participant.--The term ``eligible program + participant'' means-- + (A) a high school teacher, a teacher of one of the middle + grades, or a school leader of a high school or a school that + includes one of the middle grades (as such terms are defined in + section 8101 of the Elementary and Secondary Education Act of + 1965 (20 U.S.C. 7801)); + (B) an educational leader or expert who is not employed by + a local educational agency (as defined in section 8101 of the + Elementary and Secondary Education Act of 1965 (20 U.S.C. + 7801)) or an elementary school or secondary school (as such + terms are so defined) that is independent of any local + educational agency; or + (C) a prospective teacher enrolled in a program of + postsecondary education coursework or preservice clinical + education. + (4) Holocaust.--The term ``the Holocaust'' means the + systematic, bureaucratic, state-sponsored persecution and murder of + 6,000,000 Jews by the Nazi regime and its allies and collaborators. + During the era of the Holocaust, German authorities also targeted + other groups because of their perceived ``racial inferiority'', + such as Roma, the disabled, and Slavs. Other groups were persecuted + on political, ideological, and behavioral grounds, among them + Communists, Socialists, Jehovah's Witnesses, and homosexuals. + (5) Holocaust denial and distortion.--The term ``Holocaust + denial and distortion'' means discourse and propaganda that deny + the historical reality and the extent of the extermination of the + Jews by the Nazis and their accomplices during World War II, known + as the Holocaust. Holocaust denial refers specifically to any + attempt to claim that the Holocaust did not take place. Holocaust + distortion refers to efforts to excuse or minimize the events of + the Holocaust or its principal elements, including collaborators + and allies of Nazi Germany, to blame the Jews for causing their own + genocide, or to portray the Holocaust as a positive historical + event. + (6) Holocaust education center.--The term ``Holocaust education + center'' means an institution that furthers the teaching and + learning about the Holocaust by offering programs for students and + training for teachers and other types of professional leadership + audiences. + (7) Holocaust education program.--The term ``Holocaust + education program'' means a program that has as its specific and + primary purpose to improve awareness and understanding of the + Holocaust and educate individuals on the lessons of the Holocaust + as a means to raise awareness about the importance of preventing + genocide, hate, and bigotry against any group of people. SEC. 4. PROGRAM AUTHORIZED. - (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $2,000,000 for fiscal year 2021 and each of the 4 succeeding fiscal years. @@ -158,51 +153,44 @@ gifts, bequests, and devises of property, both real and personal. subsection (a) and resources received under subsection (b), and including through the engagement of eligible program participants as appropriate-- - (1) shall develop and nationally disseminate accurate, - relevant, and accessible resources to promote understanding - about how and why the Holocaust happened, which shall include - digital resources and may include other types of resources, - such as print resources and traveling exhibitions; and - (2) may carry out one or more of the following Holocaust - education program activities: - (A) Development, dissemination, and implementation - of principles of sound pedagogy for teaching about the - Holocaust. - (B) Provision of professional development for - eligible program participants, such as through-- - (i) local, regional, and national - workshops; - (ii) teacher trainings in conjunction with - Holocaust education centers and other - appropriate partners; - (iii) engagement with-- - (I) local educational agencies (as - defined in section 8101 of the - Elementary and Secondary Education Act - of 1965 (20 U.S.C. 21 7801)); and - (II) high schools and schools that - include one of the middle grades (as so - defined) that are independent of any - local educational agency; and - (iv) operation and expansion of a teacher - fellowship program to cultivate and support - leaders in Holocaust education. - (C) Engagement with State and local education - leaders to encourage the adoption of resources - supported under this Act into curricula across diverse - disciplines. - (D) Evaluation and research to assess the - effectiveness and impact of Holocaust education - programs, which may include completion of the report - required under section 8. + (1) shall develop and nationally disseminate accurate, + relevant, and accessible resources to promote understanding about + how and why the Holocaust happened, which shall include digital + resources and may include other types of resources, such as print + resources and traveling exhibitions; and + (2) may carry out one or more of the following Holocaust + education program activities: + (A) Development, dissemination, and implementation of + principles of sound pedagogy for teaching about the Holocaust. + (B) Provision of professional development for eligible + program participants, such as through-- + (i) local, regional, and national workshops; + (ii) teacher trainings in conjunction with Holocaust + education centers and other appropriate partners; + (iii) engagement with-- + + (I) local educational agencies (as defined in + section 8101 of the Elementary and Secondary Education + Act of 1965 (20 U.S.C. 21 7801)); and + (II) high schools and schools that include one of + the middle grades (as so defined) that are independent + of any local educational agency; and + + (iv) operation and expansion of a teacher fellowship + program to cultivate and support leaders in Holocaust + education. + (C) Engagement with State and local education leaders to + encourage the adoption of resources supported under this Act + into curricula across diverse disciplines. + (D) Evaluation and research to assess the effectiveness and + impact of Holocaust education programs, which may include + completion of the report required under section 8. (d) Applications.--The Director may seek the engagement of an eligible program participant under subsection (c) by requiring submission of an application to the Director at such time, in such manner, and based on such competitive criteria as the Director may require. - SEC. 5. ONLINE HOLOCAUST EDUCATION RESOURCES. - (a) Website.--The Director shall maintain on the website of the United States Holocaust Memorial Museum a special section designated for Holocaust education resources to improve awareness and @@ -217,16 +205,12 @@ respond to inquiries for supplementary information concerning such activities. (c) Best Practices.--The information distributed by the Director shall include best practices for educators. - SEC. 6. UNITED STATES HOLOCAUST MEMORIAL COUNCIL. - The United States Holocaust Memorial Council established under section 2302 of title 36, United States Code, shall have governance responsibility for the programs and activities carried out under this Act in accordance with chapter 23 of title 36, United States Code. - SEC. 7. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS. - (a) In General.--An eligible program participant shall be engaged at the discretion of the Director to participate in Holocaust education program activities authorized under this Act and approved by the @@ -239,27 +223,12 @@ participants who work for or with a local educational agency, or a school that is independent of any local educational agency, that does not, at the time application is made, offer any Holocaust education programming. - SEC. 8. ANNUAL REPORT. - Not later than February 1 of each year, the Director shall submit to the Congress a report describing the activities carried out under this Act. - Passed the House of Representatives January 27, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 943 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To authorize the Director of the United States Holocaust Memorial -Museum to support Holocaust education programs, and for other purposes. + Vice President of the United States and + President of the Senate. From 93fb5d8799094a44368aa390f336f7d70fc8d1f1 Mon Sep 17 00:00:00 2001 From: "Rep. Sewell, Terri A. [D-AL-7]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 094/984] House-991: Introduced to House --- bills_text/House-991.txt | 53 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 53 insertions(+) create mode 100644 bills_text/House-991.txt diff --git a/bills_text/House-991.txt b/bills_text/House-991.txt new file mode 100644 index 0000000..aaeeeee --- /dev/null +++ b/bills_text/House-991.txt @@ -0,0 +1,53 @@ +116th CONGRESS + 1st Session + H. R. 991 + + To extend certain provisions of the Caribbean Basin Economic Recovery + Act until September 30, 2030, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 6, 2019 + + Ms. Sewell of Alabama (for herself, Mr. Wenstrup, Ms. Bass, Mr. +Schweikert, Mr. Hastings, and Mr. Lewis) introduced the following bill; + which was referred to the Committee on Ways and Means + +_______________________________________________________________________ + + A BILL + + + + To extend certain provisions of the Caribbean Basin Economic Recovery + Act until September 30, 2030, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Extension of the Caribbean Basin +Economic Recovery Act''. + +SEC. 2. EXTENSION OF THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT. + + Section 213 of the Caribbean Basin Economic Recovery Act (19 U.S.C. +2703) is amended as follows: + (1) Extension for certain knit apparel articles.--In clause + (iii) of subsection (b)(2)(A)-- + (A) in subclause (II)(cc), by striking ``September + 30, 2020'' and inserting ``September 30, 2030''; and + (B) in subclause (IV)(dd), by striking ``September + 30, 2020'' and inserting ``September 30, 2030''. + (2) Extension of limitation with respect to certain other + apparel articles.--In clause (iv)(II) of such subsection, by + striking ``18'' and inserting ``28''. + (3) Extension of transition period.--In subsection + (b)(5)(D)(i), by striking ``September 30, 2020'' and inserting + ``September 30, 2030''. + \ No newline at end of file From b7c0e899c061bcc8afce8aa725bade7352bf851c Mon Sep 17 00:00:00 2001 From: "Rep. Sewell, Terri A. [D-AL-7]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 095/984] House-991: Engrossed in House --- bills_text/House-991.txt | 60 ++++++++++++++++++++++++++++------------ 1 file changed, 42 insertions(+), 18 deletions(-) diff --git a/bills_text/House-991.txt b/bills_text/House-991.txt index aaeeeee..cbd38f3 100644 --- a/bills_text/House-991.txt +++ b/bills_text/House-991.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 991 - To extend certain provisions of the Caribbean Basin Economic Recovery - Act until September 30, 2030, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 6, 2019 - - Ms. Sewell of Alabama (for herself, Mr. Wenstrup, Ms. Bass, Mr. -Schweikert, Mr. Hastings, and Mr. Lewis) introduced the following bill; - which was referred to the Committee on Ways and Means - -_______________________________________________________________________ - - A BILL + AN ACT @@ -50,4 +35,43 @@ SEC. 2. EXTENSION OF THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT. (3) Extension of transition period.--In subsection (b)(5)(D)(i), by striking ``September 30, 2020'' and inserting ``September 30, 2030''. - \ No newline at end of file + +SEC. 3. CUSTOMS USER FEES. + + (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus +Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- + (1) in subparagraph (A), by striking ``September 30, 2029'' + and inserting ``October 21, 2029''; and + (2) in subparagraph (B)(i), by striking ``September 30, + 2029'' and inserting ``October 21, 2029''. + (b) Rate for Merchandise Processing Fees.--Section 503 of the +United States-Korea Free Trade Agreement Implementation Act (Public Law +112-41; 19 U.S.C. 3805 note) is amended by striking ``September 30, +2029'' and inserting ``October 21, 2029''. + +SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 22, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 991 + +_______________________________________________________________________ + + AN ACT + + To extend certain provisions of the Caribbean Basin Economic Recovery + Act until September 30, 2030, and for other purposes. From acdd2f4d852868aed18eea8b171c2c858ec5bc23 Mon Sep 17 00:00:00 2001 From: "Rep. Sewell, Terri A. [D-AL-7]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 096/984] House-991: Enrolled --- bills_text/House-991.txt | 80 +++++++++++++++++----------------------- 1 file changed, 34 insertions(+), 46 deletions(-) diff --git a/bills_text/House-991.txt b/bills_text/House-991.txt index cbd38f3..ae4a67c 100644 --- a/bills_text/House-991.txt +++ b/bills_text/House-991.txt @@ -1,56 +1,57 @@ -116th CONGRESS - 2d Session - H. R. 991 + H.R.991 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To extend certain provisions of the Caribbean Basin Economic Recovery - Act until September 30, 2030, and for other purposes. + Act until September 30, 2030, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Extension of the Caribbean Basin Economic Recovery Act''. - SEC. 2. EXTENSION OF THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT. - Section 213 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703) is amended as follows: - (1) Extension for certain knit apparel articles.--In clause - (iii) of subsection (b)(2)(A)-- - (A) in subclause (II)(cc), by striking ``September - 30, 2020'' and inserting ``September 30, 2030''; and - (B) in subclause (IV)(dd), by striking ``September - 30, 2020'' and inserting ``September 30, 2030''. - (2) Extension of limitation with respect to certain other - apparel articles.--In clause (iv)(II) of such subsection, by - striking ``18'' and inserting ``28''. - (3) Extension of transition period.--In subsection - (b)(5)(D)(i), by striking ``September 30, 2020'' and inserting - ``September 30, 2030''. - + (1) Extension for certain knit apparel articles.--In clause + (iii) of subsection (b)(2)(A)-- + (A) in subclause (II)(cc), by striking ``September 30, + 2020'' and inserting ``September 30, 2030''; and + (B) in subclause (IV)(dd), by striking ``September 30, + 2020'' and inserting ``September 30, 2030''. + (2) Extension of limitation with respect to certain other + apparel articles.--In clause (iv)(II) of such subsection, by + striking ``18'' and inserting ``28''. + (3) Extension of transition period.--In subsection + (b)(5)(D)(i), by striking ``September 30, 2020'' and inserting + ``September 30, 2030''. SEC. 3. CUSTOMS USER FEES. - (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- - (1) in subparagraph (A), by striking ``September 30, 2029'' - and inserting ``October 21, 2029''; and - (2) in subparagraph (B)(i), by striking ``September 30, - 2029'' and inserting ``October 21, 2029''. + (1) in subparagraph (A), by striking ``September 30, 2029'' and + inserting ``October 21, 2029''; and + (2) in subparagraph (B)(i), by striking ``September 30, 2029'' + and inserting ``October 21, 2029''. (b) Rate for Merchandise Processing Fees.--Section 503 of the United States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended by striking ``September 30, 2029'' and inserting ``October 21, 2029''. - SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -58,20 +59,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 22, 2020. - - Attest: - - Clerk. -116th CONGRESS + Speaker of the House of Representatives. - 2d Session - - H. R. 991 - -_______________________________________________________________________ - - AN ACT - - To extend certain provisions of the Caribbean Basin Economic Recovery - Act until September 30, 2030, and for other purposes. + Vice President of the United States and + President of the Senate. From b414281aa97c84febcdf4129f625c87ee16db901 Mon Sep 17 00:00:00 2001 From: "Rep. Smith, Christopher H. [R-NJ-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 097/984] House-1058: Introduced to House --- bills_text/House-1058.txt | 237 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 237 insertions(+) create mode 100644 bills_text/House-1058.txt diff --git a/bills_text/House-1058.txt b/bills_text/House-1058.txt new file mode 100644 index 0000000..f26b2b4 --- /dev/null +++ b/bills_text/House-1058.txt @@ -0,0 +1,237 @@ +116th CONGRESS + 1st Session + H. R. 1058 + + To reauthorize certain provisions of the Public Health Service Act + relating to autism, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 7, 2019 + + Mr. Smith of New Jersey (for himself and Mr. Michael F. Doyle of +Pennsylvania) introduced the following bill; which was referred to the + Committee on Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + + To reauthorize certain provisions of the Public Health Service Act + relating to autism, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Autism Collaboration, +Accountability, Research, Education, and Support Act of 2019'' or the +``Autism CARES Act of 2019''. + +SEC. 2. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF + NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON + AUTISM SPECTRUM DISORDER. + + Section 409C of the Public Health Service Act (42 U.S.C. 284g) is +amended-- + (1) in subsection (a)(1)-- + (A) by inserting after ``and toxicology'' the + following: ``, and interventions to maximize outcomes + for persons with autism spectrum disorder''; + (B) by inserting after ``early'' the following: + ``and ongoing''; and + (C) by inserting after ``treatment of autism + spectrum disorder'' the following: ``, including + dissemination and implementation of clinical care, + supports, intervention, and treatment''; and + (2) in subsection (b)-- + (A) by amending paragraph (2) to read as follows: + ``(2) Research.--Each center under paragraph (1) shall + conduct basic and clinical research into autism spectrum + disorder. Such research should include investigations into the + causes, diagnosis, and early and ongoing detection, prevention, + and treatment of autism spectrum disorder across the lifespan. + The centers, as a group, shall conduct research including in + the fields of developmental neurobiology, genetics, + psychopharmacology, genomics, and developmental, behavioral, + and clinical psychology.''; and + (B) in paragraph (3), by adding at the end the + following new subparagraph: + ``(D) Reducing disparities.--In awarding grants to + applicants which meet the scientific criteria for + funding under this section, the Director may consider, + as appropriate, the extent to which a center can + demonstrate availability and access to clinical + services for youth and adults from diverse racial, + ethnic, geographic, or linguistic backgrounds.''. + +SEC. 3. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND RESEARCH PROGRAM. + + Section 399AA(e) of the Public Health Service Act (42 U.S.C. +280i(e)) is amended by striking ``2019'' and inserting ``2024''. + +SEC. 4. AUTISM EDUCATION, EARLY DETECTION, AND INTERVENTION. + + Section 399BB of the Public Health Service Act (42 U.S.C. 280i-1) +is amended-- + (1) in subsection (a)(1), by striking ``for children'' and + inserting ``for individuals''; + (2) in subsection (b)-- + (A) by redesignating paragraphs (4) through (6) as + paragraphs (5) through (7), respectively; and + (B) by inserting after paragraph (3) the following + new paragraph: + ``(4) promote evidence-based screening techniques and + interventions for individuals with autism spectrum disorder + across their lifespans;''; + (3) in subsection (c)(1), in the matter preceding + subparagraph (A), by inserting after ``needs of individuals + with autism spectrum disorder or other developmental + disabilities'' the following: ``across the lifespan of such + individuals''; + (4) in subsection (e), by adding at the end the following + new paragraph: + ``(4) Prioritization.-- + ``(A) In general.--In awarding grants and + agreements under paragraphs (1) and (2), the Secretary + may prioritize awards to training programs described in + paragraph (1) that are developmental-behavioral + pediatrician training programs located in rural areas + or underserved areas. + ``(B) Underserved area defined.--In this paragraph, + the term `underserved area' means-- + ``(i) an area described in section + 332(a)(1)(A); and + ``(ii) a medically underserved population + (as defined in section 330(b)(3)(A)).''; + (5) in subsection (f), by inserting after ``individuals + with autism spectrum disorder or other developmental + disabilities'' the following: ``across the lifespan of such + individuals''; and + (6) in subsection (g), by striking ``2019'' and inserting + ``2024''. + +SEC. 5. INTERAGENCY AUTISM COORDINATING COMMITTEE. + + Section 399CC of the Public Health Service Act (42 U.S.C. 280i-2) +is amended-- + (1) in subsection (b)-- + (A) in paragraph (2), by inserting after ``services + and supports for individuals with autism spectrum + disorder'' the following: ``across the lifespan of such + individuals''; and + (B) in paragraph (5), by inserting after + ``individuals with an autism spectrum disorder'' the + following: ``across the lifespan of such individuals''; + (2) in subsection (c)-- + (A) in paragraph (1)(D), by inserting after ``the + Department of Education'' the following: ``, the + Department of Labor, the Department of Justice, the + Department of Housing and Urban Development,''; and + (B) in paragraph (3)(A), by striking ``one or more + additional 4-year terms'' and inserting ``one + additional 4-year term''; and + (3) in subsection (f), by striking ``2019'' and inserting + ``2024''. + +SEC. 6. REPORTS TO CONGRESS. + + Section 399DD of the Public Health Service Act (42 U.S.C. 280i-3) +is amended-- + (1) in subsection (a)-- + (A) in paragraph (1), by striking ``of 2014'' and + inserting ``of 2019''; and + (B) in paragraph (2)-- + (i) by striking ``of 2014'' each place it + appears and inserting ``of 2019''; + (ii) in subparagraph (G), striking ``age of + the child'' and inserting ``age of the + individual''; + (iii) in subparagraph (H), by striking + ``and'' at the end; + (iv) in subparagraph (I), by striking the + period at the end and inserting ``; and''; and + (v) by adding at the end the following new + subparagraph: + ``(J) information on how States use home and + community-based services and other supports to ensure + that individuals with autism spectrum disorder or other + developmental disabilities are living, working, and + participating in the community.''; and + (2) by amending subsection (b) to read as follows: + ``(b) Report on Health and Well-Being of Individuals With Autism +Spectrum Disorder.-- + ``(1) In general.--Not later than 2 years after the date of + enactment of the Autism CARES Act of 2019, the Secretary shall + prepare and submit to the Committee on Health, Education, Labor + and Pensions of the Senate and the Committee on Energy and + Commerce of the House of Representatives a report concerning + the health and well-being of individuals with autism spectrum + disorder. + ``(2) Contents.--The report submitted under paragraph (1) + shall contain-- + ``(A) demographic factors associated with the + health and well-being of individuals with autism + spectrum disorder; + ``(B) an overview of policies and programs relevant + to the health and well-being of individuals with autism + spectrum disorder, including an identification of + existing Federal laws, regulations, policies, research, + and programs; + ``(C) proposals on establishing best practices + guidelines to ensure interdisciplinary coordination + between all relevant service providers receiving + Federal funding; + ``(D) comprehensive approaches to improving health + outcomes and well-being for individuals with autism + spectrum disorder, including-- + ``(i) community-based behavioral supports + and interventions; + ``(ii) nutrition, recreational, and social + activities; and + ``(iii) personal safety services for + individuals with autism spectrum disorder + related to public safety agencies or the + criminal justice system; and + ``(E) recommendations that seek to improve health + outcomes for individuals with autism spectrum disorder + by addressing-- + ``(i) screening and diagnosis of + individuals of all ages; + ``(ii) behavioral and other therapeutic + approaches; + ``(iii) primary and preventative care; + ``(iv) communication challenges; + ``(v) aggression, self-injury, elopement, + and other behavioral issues; + ``(vi) emergency room visits and acute care + hospitalization; + ``(vii) treatment for co-occurring physical + and mental health conditions; + ``(viii) premature mortality; + ``(ix) medical practitioner training; and + ``(x) caregiver mental health.''. + +SEC. 7. AUTHORIZATION OF APPROPRIATIONS. + + Section 399EE of the Public Health Service Act (42 U.S.C. 280i-4) +is amended-- + (1) in subsection (a), by striking ``$22,000,000 for each + of fiscal years 2015 through 2019'' and inserting ``$23,100,000 + for each of fiscal years 2020 through 2024''; + (2) in subsection (b), by striking ``$48,000,000 for each + of fiscal years 2015 through 2019'' and inserting ``$50,599,000 + for each of fiscal years 2020 through 2024''; and + (3) in subsection (c), by striking ``there is authorized to + be appropriated $190,000,000 for each of fiscal years 2015 + through 2019'' and inserting ``there are authorized to be + appropriated such sums as may be necessary for each of fiscal + years 2020 through 2024''. + \ No newline at end of file From 40d16c5ee70a8733183f393d0f6008f9cbe67ae6 Mon Sep 17 00:00:00 2001 From: "Rep. Smith, Christopher H. [R-NJ-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 098/984] House-1058: Engrossed in House --- bills_text/House-1058.txt | 398 +++++++++++++++++++++++--------------- 1 file changed, 241 insertions(+), 157 deletions(-) diff --git a/bills_text/House-1058.txt b/bills_text/House-1058.txt index f26b2b4..412f2b8 100644 --- a/bills_text/House-1058.txt +++ b/bills_text/House-1058.txt @@ -2,29 +2,16 @@ 1st Session H. R. 1058 - To reauthorize certain provisions of the Public Health Service Act - relating to autism, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 7, 2019 - - Mr. Smith of New Jersey (for himself and Mr. Michael F. Doyle of -Pennsylvania) introduced the following bill; which was referred to the - Committee on Energy and Commerce - _______________________________________________________________________ - A BILL + AN ACT - To reauthorize certain provisions of the Public Health Service Act - relating to autism, and for other purposes. + To amend the Public Health Service Act to enhance activities of the + National Institutes of Health with respect to research on autism + spectrum disorder and enhance programs relating to autism, and for + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -36,159 +23,241 @@ Accountability, Research, Education, and Support Act of 2019'' or the ``Autism CARES Act of 2019''. SEC. 2. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF - NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON - AUTISM SPECTRUM DISORDER. + THE NIH WITH RESPECT TO RESEARCH ON AUTISM SPECTRUM + DISORDER. Section 409C of the Public Health Service Act (42 U.S.C. 284g) is amended-- (1) in subsection (a)(1)-- - (A) by inserting after ``and toxicology'' the - following: ``, and interventions to maximize outcomes - for persons with autism spectrum disorder''; - (B) by inserting after ``early'' the following: - ``and ongoing''; and - (C) by inserting after ``treatment of autism - spectrum disorder'' the following: ``, including - dissemination and implementation of clinical care, - supports, intervention, and treatment''; and + (A) in the first sentence, by striking ``and + toxicology'' and inserting ``toxicology, and + interventions to maximize outcomes for individuals with + autism spectrum disorder''; and + (B) by striking the second sentence and inserting + the following: ``Such research shall investigate the + causes (including possible environmental causes), + diagnosis or ruling out, early and ongoing detection, + prevention, services across the lifespan, supports, + intervention, and treatment of autism spectrum + disorder, including dissemination and implementation of + clinical care, supports, interventions, and + treatments.''; (2) in subsection (b)-- - (A) by amending paragraph (2) to read as follows: - ``(2) Research.--Each center under paragraph (1) shall - conduct basic and clinical research into autism spectrum - disorder. Such research should include investigations into the - causes, diagnosis, and early and ongoing detection, prevention, - and treatment of autism spectrum disorder across the lifespan. - The centers, as a group, shall conduct research including in - the fields of developmental neurobiology, genetics, - psychopharmacology, genomics, and developmental, behavioral, - and clinical psychology.''; and + (A) in paragraph (2)-- + (i) in the second sentence, by striking + ``cause'' and all that follows through + ``disorder'' and inserting ``causes, diagnosis, + early and ongoing detection, prevention, and + treatment of autism spectrum disorder across + the lifespan''; and + (ii) in the third sentence, by striking + ``neurobiology'' and all that follows through + the period and inserting ``neurobiology, + genetics, genomics, psychopharmacology, + developmental psychology, behavioral + psychology, and clinical psychology.''; and (B) in paragraph (3), by adding at the end the - following new subparagraph: - ``(D) Reducing disparities.--In awarding grants to - applicants which meet the scientific criteria for - funding under this section, the Director may consider, - as appropriate, the extent to which a center can - demonstrate availability and access to clinical + following: + ``(D) Reducing disparities.--The Director may + consider, as appropriate, the extent to which a center + can demonstrate availability and access to clinical services for youth and adults from diverse racial, - ethnic, geographic, or linguistic backgrounds.''. + ethnic, geographic, or linguistic backgrounds in + decisions about awarding grants to applicants which + meet the scientific criteria for funding under this + section.''. -SEC. 3. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND RESEARCH PROGRAM. +SEC. 3. PROGRAMS RELATING TO AUTISM. - Section 399AA(e) of the Public Health Service Act (42 U.S.C. -280i(e)) is amended by striking ``2019'' and inserting ``2024''. - -SEC. 4. AUTISM EDUCATION, EARLY DETECTION, AND INTERVENTION. - - Section 399BB of the Public Health Service Act (42 U.S.C. 280i-1) -is amended-- - (1) in subsection (a)(1), by striking ``for children'' and - inserting ``for individuals''; + (a) Developmental Disabilities Surveillance and Research Program.-- +Section 399AA of the Public Health Service Act (42 U.S.C. 280i) is +amended-- + (1) in subsection (a)(1), by striking ``adults on autism + spectrum disorder'' and inserting ``adults with autism spectrum + disorder''; + (2) in subsection (a)(2)-- + (A) by striking ``State and local public health + officials'' and inserting ``State, local, and Tribal + public health officials''; + (B) by striking ``or other developmental + disabilities'' and inserting ``and other developmental + disabilities''; + (3) in subsection (a)(3), by striking ``a university, or + any other educational institution'' and inserting ``a + university, any other educational institution, an Indian tribe, + or a tribal organization''; + (4) in subsection (b)(2)(A), by striking ``relevant State + and local public health officials, private sector developmental + disability researchers, and advocates for individuals with + developmental disabilities'' and inserting ``State, local, and + Tribal public health officials, private sector developmental + disability researchers, advocates for individuals with autism + spectrum disorder, and advocates for individuals with other + developmental disabilities''; + (5) in subsection (d)-- + (A) by redesignating paragraphs (1) and (2) as + paragraphs (2) and (3), respectively; and + (B) by inserting before paragraph (2), as so + redesignated, the following new paragraph: + ``(1) Indian tribe; tribal organization.--The terms `Indian + tribe' and `tribal organization' have the meanings given such + terms in section 4 of the Indian Health Care Improvement + Act.''; and + (6) in subsection (e), by striking ``2019'' and inserting + ``2024''. + (b) Autism Education, Early Detection, and Intervention.--Section +399BB of the Public Health Service Act (42 U.S.C. 280i-1) is amended-- + (1) in subsection (a)(1)-- + (A) by striking ``individuals with autism spectrum + disorder or other developmental disabilities'' and + inserting ``individuals with autism spectrum disorder + and other developmental disabilities''; and + (B) by striking ``children with autism spectrum + disorder'' and all that follows through + ``disabilities;'' and inserting ``individuals with + autism spectrum disorder and other developmental + disabilities across their lifespan;''; (2) in subsection (b)-- - (A) by redesignating paragraphs (4) through (6) as + (A) in paragraph (2), by inserting ``individuals + with'' before ``autism spectrum disorder''; + (B) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and - (B) by inserting after paragraph (3) the following - new paragraph: + (C) by inserting after paragraph (3) the following: ``(4) promote evidence-based screening techniques and - interventions for individuals with autism spectrum disorder - across their lifespans;''; - (3) in subsection (c)(1), in the matter preceding - subparagraph (A), by inserting after ``needs of individuals - with autism spectrum disorder or other developmental - disabilities'' the following: ``across the lifespan of such - individuals''; - (4) in subsection (e), by adding at the end the following - new paragraph: - ``(4) Prioritization.-- - ``(A) In general.--In awarding grants and - agreements under paragraphs (1) and (2), the Secretary - may prioritize awards to training programs described in - paragraph (1) that are developmental-behavioral - pediatrician training programs located in rural areas - or underserved areas. - ``(B) Underserved area defined.--In this paragraph, - the term `underserved area' means-- - ``(i) an area described in section - 332(a)(1)(A); and - ``(ii) a medically underserved population - (as defined in section 330(b)(3)(A)).''; - (5) in subsection (f), by inserting after ``individuals - with autism spectrum disorder or other developmental - disabilities'' the following: ``across the lifespan of such - individuals''; and + interventions for individuals with autism spectrum disorder and + other developmental disabilities across their lifespan;''; + (3) in subsection (c)-- + (A) in paragraph (1), in the matter preceding + subparagraph (A), by striking ``the needs of + individuals with autism spectrum disorder or other + developmental disabilities and their families'' and + inserting ``the needs of individuals with autism + spectrum disorder and other developmental disabilities + across their lifespan and the needs of their + families''; and + (B) in paragraph (2)-- + (i) in subparagraph (A)(ii), by striking + ``caregivers of individuals with an autism + spectrum disorder'' and inserting ``caregivers + of individuals with autism spectrum disorder or + other developmental disabilities''; + (ii) in subparagraph (B)(i)(II), by + inserting ``autism spectrum disorder and'' + after ``individuals with''; and + (iii) in subparagraph (B)(ii), by inserting + ``autism spectrum disorder and'' after + ``individuals with''; + (4) in subsection (e)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A), by inserting ``across their lifespan'' + before ``and ensure''; and + (ii) in subparagraph (B)(iv), by inserting + ``across their lifespan'' after ``other + developmental disabilities''; + (B) by redesignating paragraphs (2) and (3) as + paragraphs (3) and (4), respectively; and + (C) by inserting after paragraph (1) the following: + ``(2) Developmental-behavioral pediatrician training + programs.-- + ``(A) In general.--In making awards under this + subsection, the Secretary may prioritize awards to + applicants that are developmental-behavioral + pediatrician training programs located in rural or + underserved areas. + ``(B) Definition of underserved area.--In this + paragraph, the term `underserved area' means-- + ``(i) a health professional shortage area + (as defined in section 332(a)(1)(A)); and + ``(ii) an urban or rural area designated by + the Secretary as an area with a shortage of + personal health services (as described in + section 330(b)(3)(A)).''; + (5) in subsection (f), by inserting ``across the lifespan + of such individuals'' after ``other developmental + disabilities''; and (6) in subsection (g), by striking ``2019'' and inserting ``2024''. - -SEC. 5. INTERAGENCY AUTISM COORDINATING COMMITTEE. - - Section 399CC of the Public Health Service Act (42 U.S.C. 280i-2) -is amended-- + (c) Interagency Autism Coordinating Committee.--Section 399CC of +the Public Health Service Act (42 U.S.C. 280i-2) is amended-- (1) in subsection (b)-- - (A) in paragraph (2), by inserting after ``services - and supports for individuals with autism spectrum - disorder'' the following: ``across the lifespan of such - individuals''; and - (B) in paragraph (5), by inserting after - ``individuals with an autism spectrum disorder'' the - following: ``across the lifespan of such individuals''; + (A) in paragraph (2), by inserting ``across the + lifespan of such individuals'' before the semicolon; + and + (B) in paragraph (5), by inserting ``across the + lifespan of such individuals'' before ``and the + families''; (2) in subsection (c)-- - (A) in paragraph (1)(D), by inserting after ``the - Department of Education'' the following: ``, the + (A) in paragraph (1)(D), by inserting ``, the Department of Labor, the Department of Justice, the - Department of Housing and Urban Development,''; and - (B) in paragraph (3)(A), by striking ``one or more + Department of Veterans Affairs, the Department of + Housing and Urban Development,'' after ``Department of + Education''; + (B) in subparagraphs (A), (B), and (C) of paragraph + (2), by striking ``at least two such members'' each + place it appears and inserting ``at least three such + members''; + (C) in paragraph (3)(A), by striking ``one or more additional 4-year terms'' and inserting ``one additional 4-year term''; and (3) in subsection (f), by striking ``2019'' and inserting ``2024''. - -SEC. 6. REPORTS TO CONGRESS. - - Section 399DD of the Public Health Service Act (42 U.S.C. 280i-3) -is amended-- + (d) Reports to Congress.--Section 399DD of the Public Health +Service Act (42 U.S.C. 280i-3) is amended-- (1) in subsection (a)-- - (A) in paragraph (1), by striking ``of 2014'' and - inserting ``of 2019''; and + (A) in paragraph (1), by striking ``Autism CARES + Act of 2014'' and inserting ``Autism CARES Act of + 2019''; and (B) in paragraph (2)-- - (i) by striking ``of 2014'' each place it - appears and inserting ``of 2019''; - (ii) in subparagraph (G), striking ``age of - the child'' and inserting ``age of the + (i) in subparagraphs (A), (B), (D), and + (E), by striking ``Autism CARES Act of 2014'' + each place it appears and inserting ``Autism + CARES Act of 2019''; + (ii) in subparagraph (G), by striking ``age + of the child'' and inserting ``age of the individual''; - (iii) in subparagraph (H), by striking - ``and'' at the end; + (iii) in subparagraph (H), by striking ``; + and'' and inserting ``;''; (iv) in subparagraph (I), by striking the - period at the end and inserting ``; and''; and - (v) by adding at the end the following new - subparagraph: - ``(J) information on how States use home and + period and inserting ``; and''; and + (v) by adding at the end the following: + ``(J) information on how States use home- and community-based services and other supports to ensure - that individuals with autism spectrum disorder or other - developmental disabilities are living, working, and - participating in the community.''; and - (2) by amending subsection (b) to read as follows: - ``(b) Report on Health and Well-Being of Individuals With Autism -Spectrum Disorder.-- + that individuals with autism spectrum disorder and + other developmental disabilities are living, working, + and participating in their community.''; and + (2) in subsection (b)-- + (A) in the heading, by striking ``Young Adults and + Transitioning Youth'' and inserting ``the Health and + Well-Being of Individuals With Autism Spectrum Disorder + Across Their Lifespan''; + (B) by amending paragraph (1) to read as follows: ``(1) In general.--Not later than 2 years after the date of enactment of the Autism CARES Act of 2019, the Secretary shall - prepare and submit to the Committee on Health, Education, Labor - and Pensions of the Senate and the Committee on Energy and - Commerce of the House of Representatives a report concerning - the health and well-being of individuals with autism spectrum - disorder. - ``(2) Contents.--The report submitted under paragraph (1) - shall contain-- + prepare and submit, to the Committee on Health, Education, + Labor, and Pensions of the Senate and the Committee on Energy + and Commerce of the House of Representatives, a report + concerning the health and well-being of individuals with autism + spectrum disorder.''; and + (C) in paragraph (2)-- + (i) by amending subparagraph (A) to read as + follows: ``(A) demographic factors associated with the health and well-being of individuals with autism - spectrum disorder; - ``(B) an overview of policies and programs relevant - to the health and well-being of individuals with autism - spectrum disorder, including an identification of - existing Federal laws, regulations, policies, research, - and programs; - ``(C) proposals on establishing best practices - guidelines to ensure interdisciplinary coordination - between all relevant service providers receiving - Federal funding; + spectrum disorder;''; + (ii) in subparagraph (B), by striking + ``young adults'' and all that follows through + the semicolon and inserting ``the health and + well-being of individuals with autism spectrum + disorder, including an identification of + existing Federal laws, regulations, policies, + research, and programs;''; and + (iii) by amending subparagraphs (C), (D), + and (E) to read as follows: + ``(C) recommendations on establishing best + practices guidelines to ensure interdisciplinary + coordination between all relevant service providers + receiving Federal funding; ``(D) comprehensive approaches to improving health outcomes and well-being for individuals with autism spectrum disorder, including-- @@ -196,15 +265,14 @@ Spectrum Disorder.-- and interventions; ``(ii) nutrition, recreational, and social activities; and - ``(iii) personal safety services for - individuals with autism spectrum disorder - related to public safety agencies or the - criminal justice system; and + ``(iii) personal safety services related to + public safety agencies or the criminal justice + system for such individuals; and ``(E) recommendations that seek to improve health - outcomes for individuals with autism spectrum disorder - by addressing-- - ``(i) screening and diagnosis of - individuals of all ages; + outcomes for such individuals, including across their + lifespan, by addressing-- + ``(i) screening and diagnosis of children + and adults; ``(ii) behavioral and other therapeutic approaches; ``(iii) primary and preventative care; @@ -218,11 +286,8 @@ Spectrum Disorder.-- ``(viii) premature mortality; ``(ix) medical practitioner training; and ``(x) caregiver mental health.''. - -SEC. 7. AUTHORIZATION OF APPROPRIATIONS. - - Section 399EE of the Public Health Service Act (42 U.S.C. 280i-4) -is amended-- + (e) Authorization of Appropriations.--Section 399EE of the Public +Health Service Act (42 U.S.C. 280i-4) is amended-- (1) in subsection (a), by striking ``$22,000,000 for each of fiscal years 2015 through 2019'' and inserting ``$23,100,000 for each of fiscal years 2020 through 2024''; @@ -232,6 +297,25 @@ is amended-- (3) in subsection (c), by striking ``there is authorized to be appropriated $190,000,000 for each of fiscal years 2015 through 2019'' and inserting ``there are authorized to be - appropriated such sums as may be necessary for each of fiscal - years 2020 through 2024''. - \ No newline at end of file + appropriated $296,000,000 for each of fiscal years 2020 through + 2024''. + + Passed the House of Representatives July 24, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1058 + +_______________________________________________________________________ + + AN ACT + + To amend the Public Health Service Act to enhance activities of the + National Institutes of Health with respect to research on autism + spectrum disorder and enhance programs relating to autism, and for + other purposes. From c177a661e8c5cd6f3c5a47d7c8fd68c2a4660d99 Mon Sep 17 00:00:00 2001 From: "Rep. Smith, Christopher H. [R-NJ-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 099/984] House-1058: Received in Senate --- bills_text/House-1058.txt | 26 ++++++++++++-------------- 1 file changed, 12 insertions(+), 14 deletions(-) diff --git a/bills_text/House-1058.txt b/bills_text/House-1058.txt index 412f2b8..e12824b 100644 --- a/bills_text/House-1058.txt +++ b/bills_text/House-1058.txt @@ -2,6 +2,16 @@ 1st Session H. R. 1058 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 25, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -304,18 +314,6 @@ Health Service Act (42 U.S.C. 280i-4) is amended-- Attest: - Clerk. -116th CONGRESS - - 1st Session + CHERYL L. JOHNSON, - H. R. 1058 - -_______________________________________________________________________ - - AN ACT - - To amend the Public Health Service Act to enhance activities of the - National Institutes of Health with respect to research on autism - spectrum disorder and enhance programs relating to autism, and for - other purposes. + Clerk. From f2e8912e5317c4a6d1ed1e9932b54c2085b2202c Mon Sep 17 00:00:00 2001 From: "Rep. Smith, Christopher H. [R-NJ-4]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 100/984] House-1058: Enrolled --- bills_text/House-1058.txt | 522 +++++++++++++++++--------------------- 1 file changed, 239 insertions(+), 283 deletions(-) diff --git a/bills_text/House-1058.txt b/bills_text/House-1058.txt index e12824b..8d55382 100644 --- a/bills_text/House-1058.txt +++ b/bills_text/House-1058.txt @@ -1,319 +1,275 @@ -116th CONGRESS - 1st Session - H. R. 1058 + H.R.1058 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 25, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To amend the Public Health Service Act to enhance activities of the - National Institutes of Health with respect to research on autism - spectrum disorder and enhance programs relating to autism, and for - other purposes. + National Institutes of Health with respect to research on autism +spectrum disorder and enhance programs relating to autism, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Autism Collaboration, Accountability, Research, Education, and Support Act of 2019'' or the ``Autism CARES Act of 2019''. - SEC. 2. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF - THE NIH WITH RESPECT TO RESEARCH ON AUTISM SPECTRUM - DISORDER. - +THE NIH WITH RESPECT TO RESEARCH ON AUTISM SPECTRUM DISORDER. Section 409C of the Public Health Service Act (42 U.S.C. 284g) is amended-- - (1) in subsection (a)(1)-- - (A) in the first sentence, by striking ``and - toxicology'' and inserting ``toxicology, and - interventions to maximize outcomes for individuals with - autism spectrum disorder''; and - (B) by striking the second sentence and inserting - the following: ``Such research shall investigate the - causes (including possible environmental causes), - diagnosis or ruling out, early and ongoing detection, - prevention, services across the lifespan, supports, - intervention, and treatment of autism spectrum - disorder, including dissemination and implementation of - clinical care, supports, interventions, and - treatments.''; - (2) in subsection (b)-- - (A) in paragraph (2)-- - (i) in the second sentence, by striking - ``cause'' and all that follows through - ``disorder'' and inserting ``causes, diagnosis, - early and ongoing detection, prevention, and - treatment of autism spectrum disorder across - the lifespan''; and - (ii) in the third sentence, by striking - ``neurobiology'' and all that follows through - the period and inserting ``neurobiology, - genetics, genomics, psychopharmacology, - developmental psychology, behavioral - psychology, and clinical psychology.''; and - (B) in paragraph (3), by adding at the end the - following: - ``(D) Reducing disparities.--The Director may - consider, as appropriate, the extent to which a center - can demonstrate availability and access to clinical - services for youth and adults from diverse racial, - ethnic, geographic, or linguistic backgrounds in - decisions about awarding grants to applicants which - meet the scientific criteria for funding under this - section.''. - + (1) in subsection (a)(1)-- + (A) in the first sentence, by striking ``and toxicology'' + and inserting ``toxicology, and interventions to maximize + outcomes for individuals with autism spectrum disorder''; and + (B) by striking the second sentence and inserting the + following: ``Such research shall investigate the causes + (including possible environmental causes), diagnosis or ruling + out, early and ongoing detection, prevention, services across + the lifespan, supports, intervention, and treatment of autism + spectrum disorder, including dissemination and implementation + of clinical care, supports, interventions, and treatments.''; + (2) in subsection (b)-- + (A) in paragraph (2)-- + (i) in the second sentence, by striking ``cause'' and + all that follows through ``disorder'' and inserting + ``causes, diagnosis, early and ongoing detection, + prevention, and treatment of autism spectrum disorder + across the lifespan''; and + (ii) in the third sentence, by striking + ``neurobiology'' and all that follows through the period + and inserting ``neurobiology, genetics, genomics, + psychopharmacology, developmental psychology, behavioral + psychology, and clinical psychology.''; and + (B) in paragraph (3), by adding at the end the following: + ``(D) Reducing disparities.--The Director may consider, as + appropriate, the extent to which a center can demonstrate + availability and access to clinical services for youth and + adults from diverse racial, ethnic, geographic, or linguistic + backgrounds in decisions about awarding grants to applicants + which meet the scientific criteria for funding under this + section.''. SEC. 3. PROGRAMS RELATING TO AUTISM. - (a) Developmental Disabilities Surveillance and Research Program.-- Section 399AA of the Public Health Service Act (42 U.S.C. 280i) is amended-- - (1) in subsection (a)(1), by striking ``adults on autism - spectrum disorder'' and inserting ``adults with autism spectrum - disorder''; - (2) in subsection (a)(2)-- - (A) by striking ``State and local public health - officials'' and inserting ``State, local, and Tribal - public health officials''; - (B) by striking ``or other developmental - disabilities'' and inserting ``and other developmental - disabilities''; - (3) in subsection (a)(3), by striking ``a university, or - any other educational institution'' and inserting ``a - university, any other educational institution, an Indian tribe, - or a tribal organization''; - (4) in subsection (b)(2)(A), by striking ``relevant State - and local public health officials, private sector developmental - disability researchers, and advocates for individuals with - developmental disabilities'' and inserting ``State, local, and - Tribal public health officials, private sector developmental - disability researchers, advocates for individuals with autism - spectrum disorder, and advocates for individuals with other - developmental disabilities''; - (5) in subsection (d)-- - (A) by redesignating paragraphs (1) and (2) as - paragraphs (2) and (3), respectively; and - (B) by inserting before paragraph (2), as so - redesignated, the following new paragraph: - ``(1) Indian tribe; tribal organization.--The terms `Indian - tribe' and `tribal organization' have the meanings given such - terms in section 4 of the Indian Health Care Improvement - Act.''; and - (6) in subsection (e), by striking ``2019'' and inserting - ``2024''. + (1) in subsection (a)(1), by striking ``adults on autism + spectrum disorder'' and inserting ``adults with autism spectrum + disorder''; + (2) in subsection (a)(2)-- + (A) by striking ``State and local public health officials'' + and inserting ``State, local, and Tribal public health + officials''; + (B) by striking ``or other developmental disabilities'' and + inserting ``and other developmental disabilities''; + (3) in subsection (a)(3), by striking ``a university, or any + other educational institution'' and inserting ``a university, any + other educational institution, an Indian tribe, or a tribal + organization''; + (4) in subsection (b)(2)(A), by striking ``relevant State and + local public health officials, private sector developmental + disability researchers, and advocates for individuals with + developmental disabilities'' and inserting ``State, local, and + Tribal public health officials, private sector developmental + disability researchers, advocates for individuals with autism + spectrum disorder, and advocates for individuals with other + developmental disabilities''; + (5) in subsection (d)-- + (A) by redesignating paragraphs (1) and (2) as paragraphs + (2) and (3), respectively; and + (B) by inserting before paragraph (2), as so redesignated, + the following new paragraph: + ``(1) Indian tribe; tribal organization.--The terms `Indian + tribe' and `tribal organization' have the meanings given such terms + in section 4 of the Indian Health Care Improvement Act.''; and + (6) in subsection (e), by striking ``2019'' and inserting + ``2024''. (b) Autism Education, Early Detection, and Intervention.--Section 399BB of the Public Health Service Act (42 U.S.C. 280i-1) is amended-- - (1) in subsection (a)(1)-- - (A) by striking ``individuals with autism spectrum - disorder or other developmental disabilities'' and - inserting ``individuals with autism spectrum disorder - and other developmental disabilities''; and - (B) by striking ``children with autism spectrum - disorder'' and all that follows through - ``disabilities;'' and inserting ``individuals with - autism spectrum disorder and other developmental - disabilities across their lifespan;''; - (2) in subsection (b)-- - (A) in paragraph (2), by inserting ``individuals - with'' before ``autism spectrum disorder''; - (B) by redesignating paragraphs (4) through (6) as - paragraphs (5) through (7), respectively; and - (C) by inserting after paragraph (3) the following: - ``(4) promote evidence-based screening techniques and - interventions for individuals with autism spectrum disorder and - other developmental disabilities across their lifespan;''; - (3) in subsection (c)-- - (A) in paragraph (1), in the matter preceding - subparagraph (A), by striking ``the needs of - individuals with autism spectrum disorder or other - developmental disabilities and their families'' and - inserting ``the needs of individuals with autism - spectrum disorder and other developmental disabilities - across their lifespan and the needs of their - families''; and - (B) in paragraph (2)-- - (i) in subparagraph (A)(ii), by striking - ``caregivers of individuals with an autism - spectrum disorder'' and inserting ``caregivers - of individuals with autism spectrum disorder or - other developmental disabilities''; - (ii) in subparagraph (B)(i)(II), by - inserting ``autism spectrum disorder and'' - after ``individuals with''; and - (iii) in subparagraph (B)(ii), by inserting - ``autism spectrum disorder and'' after - ``individuals with''; - (4) in subsection (e)-- - (A) in paragraph (1)-- - (i) in the matter preceding subparagraph - (A), by inserting ``across their lifespan'' - before ``and ensure''; and - (ii) in subparagraph (B)(iv), by inserting - ``across their lifespan'' after ``other - developmental disabilities''; - (B) by redesignating paragraphs (2) and (3) as - paragraphs (3) and (4), respectively; and - (C) by inserting after paragraph (1) the following: - ``(2) Developmental-behavioral pediatrician training - programs.-- - ``(A) In general.--In making awards under this - subsection, the Secretary may prioritize awards to - applicants that are developmental-behavioral - pediatrician training programs located in rural or - underserved areas. - ``(B) Definition of underserved area.--In this - paragraph, the term `underserved area' means-- - ``(i) a health professional shortage area - (as defined in section 332(a)(1)(A)); and - ``(ii) an urban or rural area designated by - the Secretary as an area with a shortage of - personal health services (as described in - section 330(b)(3)(A)).''; - (5) in subsection (f), by inserting ``across the lifespan - of such individuals'' after ``other developmental - disabilities''; and - (6) in subsection (g), by striking ``2019'' and inserting - ``2024''. + (1) in subsection (a)(1)-- + (A) by striking ``individuals with autism spectrum disorder + or other developmental disabilities'' and inserting + ``individuals with autism spectrum disorder and other + developmental disabilities''; and + (B) by striking ``children with autism spectrum disorder'' + and all that follows through ``disabilities;'' and inserting + ``individuals with autism spectrum disorder and other + developmental disabilities across their lifespan;''; + (2) in subsection (b)-- + (A) in paragraph (2), by inserting ``individuals with'' + before ``autism spectrum disorder''; + (B) by redesignating paragraphs (4) through (6) as + paragraphs (5) through (7), respectively; and + (C) by inserting after paragraph (3) the following: + ``(4) promote evidence-based screening techniques and + interventions for individuals with autism spectrum disorder and + other developmental disabilities across their lifespan;''; + (3) in subsection (c)-- + (A) in paragraph (1), in the matter preceding subparagraph + (A), by striking ``the needs of individuals with autism + spectrum disorder or other developmental disabilities and their + families'' and inserting ``the needs of individuals with autism + spectrum disorder and other developmental disabilities across + their lifespan and the needs of their families''; and + (B) in paragraph (2)-- + (i) in subparagraph (A)(ii), by striking ``caregivers + of individuals with an autism spectrum disorder'' and + inserting ``caregivers of individuals with autism spectrum + disorder or other developmental disabilities''; + (ii) in subparagraph (B)(i)(II), by inserting ``autism + spectrum disorder and'' after ``individuals with''; and + (iii) in subparagraph (B)(ii), by inserting ``autism + spectrum disorder and'' after ``individuals with''; + (4) in subsection (e)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph (A), by + inserting ``across their lifespan'' before ``and ensure''; + and + (ii) in subparagraph (B)(iv), by inserting ``across + their lifespan'' after ``other developmental + disabilities''; + (B) by redesignating paragraphs (2) and (3) as paragraphs + (3) and (4), respectively; and + (C) by inserting after paragraph (1) the following: + ``(2) Developmental-behavioral pediatrician training + programs.-- + ``(A) In general.--In making awards under this subsection, + the Secretary may prioritize awards to applicants that are + developmental-behavioral pediatrician training programs located + in rural or underserved areas. + ``(B) Definition of underserved area.--In this paragraph, + the term `underserved area' means-- + ``(i) a health professional shortage area (as defined + in section 332(a)(1)(A)); and + ``(ii) an urban or rural area designated by the + Secretary as an area with a shortage of personal health + services (as described in section 330(b)(3)(A)).''; + (5) in subsection (f), by inserting ``across the lifespan of + such individuals'' after ``other developmental disabilities''; and + (6) in subsection (g), by striking ``2019'' and inserting + ``2024''. (c) Interagency Autism Coordinating Committee.--Section 399CC of the Public Health Service Act (42 U.S.C. 280i-2) is amended-- - (1) in subsection (b)-- - (A) in paragraph (2), by inserting ``across the - lifespan of such individuals'' before the semicolon; - and - (B) in paragraph (5), by inserting ``across the - lifespan of such individuals'' before ``and the - families''; - (2) in subsection (c)-- - (A) in paragraph (1)(D), by inserting ``, the - Department of Labor, the Department of Justice, the - Department of Veterans Affairs, the Department of - Housing and Urban Development,'' after ``Department of - Education''; - (B) in subparagraphs (A), (B), and (C) of paragraph - (2), by striking ``at least two such members'' each - place it appears and inserting ``at least three such - members''; - (C) in paragraph (3)(A), by striking ``one or more - additional 4-year terms'' and inserting ``one - additional 4-year term''; and - (3) in subsection (f), by striking ``2019'' and inserting - ``2024''. + (1) in subsection (b)-- + (A) in paragraph (2), by inserting ``across the lifespan of + such individuals'' before the semicolon; and + (B) in paragraph (5), by inserting ``across the lifespan of + such individuals'' before ``and the families''; + (2) in subsection (c)-- + (A) in paragraph (1)(D), by inserting ``, the Department of + Labor, the Department of Justice, the Department of Veterans + Affairs, the Department of Housing and Urban Development,'' + after ``Department of Education''; + (B) in subparagraphs (A), (B), and (C) of paragraph (2), by + striking ``at least two such members'' each place it appears + and inserting ``at least three such members''; + (C) in paragraph (3)(A), by striking ``one or more + additional 4-year terms'' and inserting ``one additional 4-year + term''; and + (3) in subsection (f), by striking ``2019'' and inserting + ``2024''. (d) Reports to Congress.--Section 399DD of the Public Health Service Act (42 U.S.C. 280i-3) is amended-- - (1) in subsection (a)-- - (A) in paragraph (1), by striking ``Autism CARES - Act of 2014'' and inserting ``Autism CARES Act of - 2019''; and - (B) in paragraph (2)-- - (i) in subparagraphs (A), (B), (D), and - (E), by striking ``Autism CARES Act of 2014'' - each place it appears and inserting ``Autism - CARES Act of 2019''; - (ii) in subparagraph (G), by striking ``age - of the child'' and inserting ``age of the - individual''; - (iii) in subparagraph (H), by striking ``; - and'' and inserting ``;''; - (iv) in subparagraph (I), by striking the - period and inserting ``; and''; and - (v) by adding at the end the following: - ``(J) information on how States use home- and - community-based services and other supports to ensure - that individuals with autism spectrum disorder and - other developmental disabilities are living, working, - and participating in their community.''; and - (2) in subsection (b)-- - (A) in the heading, by striking ``Young Adults and - Transitioning Youth'' and inserting ``the Health and - Well-Being of Individuals With Autism Spectrum Disorder - Across Their Lifespan''; - (B) by amending paragraph (1) to read as follows: - ``(1) In general.--Not later than 2 years after the date of - enactment of the Autism CARES Act of 2019, the Secretary shall - prepare and submit, to the Committee on Health, Education, - Labor, and Pensions of the Senate and the Committee on Energy - and Commerce of the House of Representatives, a report - concerning the health and well-being of individuals with autism - spectrum disorder.''; and - (C) in paragraph (2)-- - (i) by amending subparagraph (A) to read as - follows: - ``(A) demographic factors associated with the - health and well-being of individuals with autism - spectrum disorder;''; - (ii) in subparagraph (B), by striking - ``young adults'' and all that follows through - the semicolon and inserting ``the health and - well-being of individuals with autism spectrum - disorder, including an identification of - existing Federal laws, regulations, policies, - research, and programs;''; and - (iii) by amending subparagraphs (C), (D), - and (E) to read as follows: - ``(C) recommendations on establishing best - practices guidelines to ensure interdisciplinary - coordination between all relevant service providers - receiving Federal funding; - ``(D) comprehensive approaches to improving health - outcomes and well-being for individuals with autism - spectrum disorder, including-- - ``(i) community-based behavioral supports - and interventions; - ``(ii) nutrition, recreational, and social - activities; and - ``(iii) personal safety services related to - public safety agencies or the criminal justice - system for such individuals; and - ``(E) recommendations that seek to improve health - outcomes for such individuals, including across their - lifespan, by addressing-- - ``(i) screening and diagnosis of children - and adults; - ``(ii) behavioral and other therapeutic - approaches; - ``(iii) primary and preventative care; - ``(iv) communication challenges; - ``(v) aggression, self-injury, elopement, - and other behavioral issues; - ``(vi) emergency room visits and acute care - hospitalization; - ``(vii) treatment for co-occurring physical - and mental health conditions; - ``(viii) premature mortality; - ``(ix) medical practitioner training; and - ``(x) caregiver mental health.''. + (1) in subsection (a)-- + (A) in paragraph (1), by striking ``Autism CARES Act of + 2014'' and inserting ``Autism CARES Act of 2019''; and + (B) in paragraph (2)-- + (i) in subparagraphs (A), (B), (D), and (E), by + striking ``Autism CARES Act of 2014'' each place it appears + and inserting ``Autism CARES Act of 2019''; + (ii) in subparagraph (G), by striking ``age of the + child'' and inserting ``age of the individual''; + (iii) in subparagraph (H), by striking ``; and'' and + inserting ``;''; + (iv) in subparagraph (I), by striking the period and + inserting ``; and''; and + (v) by adding at the end the following: + ``(J) information on how States use home- and community- + based services and other supports to ensure that individuals + with autism spectrum disorder and other developmental + disabilities are living, working, and participating in their + community.''; and + (2) in subsection (b)-- + (A) in the heading, by striking ``Young Adults and + Transitioning Youth'' and inserting ``the Health and Well-Being + of Individuals With Autism Spectrum Disorder Across Their + Lifespan''; + (B) by amending paragraph (1) to read as follows: + ``(1) In general.--Not later than 2 years after the date of + enactment of the Autism CARES Act of 2019, the Secretary shall + prepare and submit, to the Committee on Health, Education, Labor, + and Pensions of the Senate and the Committee on Energy and Commerce + of the House of Representatives, a report concerning the health and + well-being of individuals with autism spectrum disorder.''; and + (C) in paragraph (2)-- + (i) by amending subparagraph (A) to read as follows: + ``(A) demographic factors associated with the health and + well-being of individuals with autism spectrum disorder;''; + (ii) in subparagraph (B), by striking ``young adults'' + and all that follows through the semicolon and inserting + ``the health and well-being of individuals with autism + spectrum disorder, including an identification of existing + Federal laws, regulations, policies, research, and + programs;''; and + (iii) by amending subparagraphs (C), (D), and (E) to + read as follows: + ``(C) recommendations on establishing best practices + guidelines to ensure interdisciplinary coordination between all + relevant service providers receiving Federal funding; + ``(D) comprehensive approaches to improving health outcomes + and well-being for individuals with autism spectrum disorder, + including-- + ``(i) community-based behavioral supports and + interventions; + ``(ii) nutrition, recreational, and social activities; + and + ``(iii) personal safety services related to public + safety agencies or the criminal justice system for such + individuals; and + ``(E) recommendations that seek to improve health outcomes + for such individuals, including across their lifespan, by + addressing-- + ``(i) screening and diagnosis of children and adults; + ``(ii) behavioral and other therapeutic approaches; + ``(iii) primary and preventative care; + ``(iv) communication challenges; + ``(v) aggression, self-injury, elopement, and other + behavioral issues; + ``(vi) emergency room visits and acute care + hospitalization; + ``(vii) treatment for co-occurring physical and mental + health conditions; + ``(viii) premature mortality; + ``(ix) medical practitioner training; and + ``(x) caregiver mental health.''. (e) Authorization of Appropriations.--Section 399EE of the Public Health Service Act (42 U.S.C. 280i-4) is amended-- - (1) in subsection (a), by striking ``$22,000,000 for each - of fiscal years 2015 through 2019'' and inserting ``$23,100,000 - for each of fiscal years 2020 through 2024''; - (2) in subsection (b), by striking ``$48,000,000 for each - of fiscal years 2015 through 2019'' and inserting ``$50,599,000 - for each of fiscal years 2020 through 2024''; and - (3) in subsection (c), by striking ``there is authorized to - be appropriated $190,000,000 for each of fiscal years 2015 - through 2019'' and inserting ``there are authorized to be - appropriated $296,000,000 for each of fiscal years 2020 through - 2024''. - - Passed the House of Representatives July 24, 2019. - - Attest: + (1) in subsection (a), by striking ``$22,000,000 for each of + fiscal years 2015 through 2019'' and inserting ``$23,100,000 for + each of fiscal years 2020 through 2024''; + (2) in subsection (b), by striking ``$48,000,000 for each of + fiscal years 2015 through 2019'' and inserting ``$50,599,000 for + each of fiscal years 2020 through 2024''; and + (3) in subsection (c), by striking ``there is authorized to be + appropriated $190,000,000 for each of fiscal years 2015 through + 2019'' and inserting ``there are authorized to be appropriated + $296,000,000 for each of fiscal years 2020 through 2024''. - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 623db2f4c552a61fcb69374017f4a81af137a113 Mon Sep 17 00:00:00 2001 From: "Rep. Graves, Garret [R-LA-6]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 101/984] House-1079: Introduced to House --- bills_text/House-1079.txt | 97 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 97 insertions(+) create mode 100644 bills_text/House-1079.txt diff --git a/bills_text/House-1079.txt b/bills_text/House-1079.txt new file mode 100644 index 0000000..64dc77f --- /dev/null +++ b/bills_text/House-1079.txt @@ -0,0 +1,97 @@ +116th CONGRESS + 1st Session + H. R. 1079 + +To require the Director of the Office of Management and Budget to issue + guidance on electronic consent forms, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 7, 2019 + + Mr. Graves of Louisiana (for himself and Mr. Kennedy) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + +To require the Director of the Office of Management and Budget to issue + guidance on electronic consent forms, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Creating Advanced Streamlined +Electronic Services for Constituents Act of 2019'' or the ``CASES +Act''. + +SEC. 2. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) congressional offices provide crucial services to + constituents by acting as a liaison between the constituents + and the respective agencies; + (2) this includes assisting constituents by making + inquiries and working toward resolutions on behalf of the + constituent with the respective agencies; and + (3) this process should be simplified through the creation + of electronic forms that may be submitted under section 552a of + title 5, United States Code (commonly referred to as the + Privacy Act), thus modernizing the process for constituents and + improving access and efficiency of Government services and + agencies in order to expedite the resolution of the problem for + which constituents sought help. + +SEC. 3. OMB GUIDANCE ON ELECTRONIC CONSENT AND ACCESS FORMS. + + (a) Guidance.--Not later than 1 year after the date of the +enactment of this Act, the Director shall issue guidance that does the +following: + (1) Requires each agency to accept electronic identity + proofing and authentication processes for the purposes of + allowing an individual to provide prior written consent for the + disclosure of the individual's records under section 552a(b) of + title 5, United States Code, or for individual access to + records under section 552a(d) of such title. + (2) Creates a template for electronic consent and access + forms and requires each agency to post the template on the + agency website and to accept the forms from any individual + properly identity proofed and authenticated in accordance with + paragraph (1) for the purpose of authorizing disclosure of the + individual's records under section 552a(b) of title 5, United + States Code, or for individual access to records under section + 552a(d) of such title. + (3) Requires each agency to accept the electronic consent + and access forms described in paragraph (2) from any individual + properly identity proofed and authenticated in accordance with + paragraph (1) for the purpose of authorizing disclosure of the + individual's records to another entity, including a + congressional office, in accordance with section 552a(b) of + title 5, United States Code, or for individual access to + records under section 552a(d). + (b) Agency Compliance.--Each agency shall comply with the guidance +issued pursuant to subsection (a) not later than 1 year after the date +on which such guidance is issued. + (c) Definitions.--In this section: + (1) Agency; individual; record.--The terms ``agency'', + ``individual'', and ``record'' have the meanings given those + terms in section 552a(a) of title 5, United States Code. + (2) Director.--The term ``Director'' means the Director of + the Office of Management and Budget. + +SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. + + No additional funds are authorized to carry out the requirements of +this Act. Such requirements shall be carried out using amounts +otherwise authorized. + \ No newline at end of file From 3969c7cc6015a4cf908a4622bbd811cec7fdb246 Mon Sep 17 00:00:00 2001 From: "Rep. Graves, Garret [R-LA-6]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 102/984] House-1079: Engrossed in House --- bills_text/House-1079.txt | 45 ++++++++++++++++++++++++--------------- 1 file changed, 28 insertions(+), 17 deletions(-) diff --git a/bills_text/House-1079.txt b/bills_text/House-1079.txt index 64dc77f..11831a2 100644 --- a/bills_text/House-1079.txt +++ b/bills_text/House-1079.txt @@ -2,24 +2,9 @@ 1st Session H. R. 1079 -To require the Director of the Office of Management and Budget to issue - guidance on electronic consent forms, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 7, 2019 - - Mr. Graves of Louisiana (for himself and Mr. Kennedy) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -94,4 +79,30 @@ SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. - \ No newline at end of file + +SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives February 11, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1079 + +_______________________________________________________________________ + + AN ACT + +To require the Director of the Office of Management and Budget to issue + guidance on electronic consent forms, and for other purposes. From 13f611fc9545bf02d5e1b4d3a9c029f163a7cd42 Mon Sep 17 00:00:00 2001 From: "Rep. Graves, Garret [R-LA-6]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 103/984] House-1079: Enrolled --- bills_text/House-1079.txt | 129 +++++++++++++++++--------------------- 1 file changed, 57 insertions(+), 72 deletions(-) diff --git a/bills_text/House-1079.txt b/bills_text/House-1079.txt index 11831a2..8644cb8 100644 --- a/bills_text/House-1079.txt +++ b/bills_text/House-1079.txt @@ -1,87 +1,85 @@ -116th CONGRESS - 1st Session - H. R. 1079 + H.R.1079 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To require the Director of the Office of Management and Budget to issue - guidance on electronic consent forms, and for other purposes. + guidance on electronic consent forms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Creating Advanced Streamlined Electronic Services for Constituents Act of 2019'' or the ``CASES Act''. - SEC. 2. SENSE OF CONGRESS. - It is the sense of Congress that-- - (1) congressional offices provide crucial services to - constituents by acting as a liaison between the constituents - and the respective agencies; - (2) this includes assisting constituents by making - inquiries and working toward resolutions on behalf of the - constituent with the respective agencies; and - (3) this process should be simplified through the creation - of electronic forms that may be submitted under section 552a of - title 5, United States Code (commonly referred to as the - Privacy Act), thus modernizing the process for constituents and - improving access and efficiency of Government services and - agencies in order to expedite the resolution of the problem for - which constituents sought help. - + (1) congressional offices provide crucial services to + constituents by acting as a liaison between the constituents and + the respective agencies; + (2) this includes assisting constituents by making inquiries + and working toward resolutions on behalf of the constituent with + the respective agencies; and + (3) this process should be simplified through the creation of + electronic forms that may be submitted under section 552a of title + 5, United States Code (commonly referred to as the Privacy Act), + thus modernizing the process for constituents and improving access + and efficiency of Government services and agencies in order to + expedite the resolution of the problem for which constituents + sought help. SEC. 3. OMB GUIDANCE ON ELECTRONIC CONSENT AND ACCESS FORMS. - (a) Guidance.--Not later than 1 year after the date of the enactment of this Act, the Director shall issue guidance that does the following: - (1) Requires each agency to accept electronic identity - proofing and authentication processes for the purposes of - allowing an individual to provide prior written consent for the - disclosure of the individual's records under section 552a(b) of - title 5, United States Code, or for individual access to - records under section 552a(d) of such title. - (2) Creates a template for electronic consent and access - forms and requires each agency to post the template on the - agency website and to accept the forms from any individual - properly identity proofed and authenticated in accordance with - paragraph (1) for the purpose of authorizing disclosure of the - individual's records under section 552a(b) of title 5, United - States Code, or for individual access to records under section - 552a(d) of such title. - (3) Requires each agency to accept the electronic consent - and access forms described in paragraph (2) from any individual - properly identity proofed and authenticated in accordance with - paragraph (1) for the purpose of authorizing disclosure of the - individual's records to another entity, including a - congressional office, in accordance with section 552a(b) of - title 5, United States Code, or for individual access to - records under section 552a(d). + (1) Requires each agency to accept electronic identity proofing + and authentication processes for the purposes of allowing an + individual to provide prior written consent for the disclosure of + the individual's records under section 552a(b) of title 5, United + States Code, or for individual access to records under section + 552a(d) of such title. + (2) Creates a template for electronic consent and access forms + and requires each agency to post the template on the agency website + and to accept the forms from any individual properly identity + proofed and authenticated in accordance with paragraph (1) for the + purpose of authorizing disclosure of the individual's records under + section 552a(b) of title 5, United States Code, or for individual + access to records under section 552a(d) of such title. + (3) Requires each agency to accept the electronic consent and + access forms described in paragraph (2) from any individual + properly identity proofed and authenticated in accordance with + paragraph (1) for the purpose of authorizing disclosure of the + individual's records to another entity, including a congressional + office, in accordance with section 552a(b) of title 5, United + States Code, or for individual access to records under section + 552a(d). (b) Agency Compliance.--Each agency shall comply with the guidance issued pursuant to subsection (a) not later than 1 year after the date on which such guidance is issued. (c) Definitions.--In this section: - (1) Agency; individual; record.--The terms ``agency'', - ``individual'', and ``record'' have the meanings given those - terms in section 552a(a) of title 5, United States Code. - (2) Director.--The term ``Director'' means the Director of - the Office of Management and Budget. - + (1) Agency; individual; record.--The terms ``agency'', + ``individual'', and ``record'' have the meanings given those terms + in section 552a(a) of title 5, United States Code. + (2) Director.--The term ``Director'' means the Director of the + Office of Management and Budget. SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. - No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. - SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -89,20 +87,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives February 11, 2019. - - Attest: - - Clerk. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - H. R. 1079 - -_______________________________________________________________________ - - AN ACT - -To require the Director of the Office of Management and Budget to issue - guidance on electronic consent forms, and for other purposes. + Vice President of the United States and + President of the Senate. From 72450903dbe28d8b26a0f3c803e366bf697ddba9 Mon Sep 17 00:00:00 2001 From: "Rep. Crawford, Eric A. Rick [R-AR-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 104/984] House-1123: Introduced to House --- bills_text/House-1123.txt | 61 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 61 insertions(+) create mode 100644 bills_text/House-1123.txt diff --git a/bills_text/House-1123.txt b/bills_text/House-1123.txt new file mode 100644 index 0000000..ab5dd71 --- /dev/null +++ b/bills_text/House-1123.txt @@ -0,0 +1,61 @@ +116th CONGRESS + 1st Session + H. R. 1123 + +To amend title 28, United States Code, to modify the composition of the + eastern judicial district of Arkansas, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 8, 2019 + + Mr. Crawford (for himself, Mr. Westerman, Mr. Womack, and Mr. Hill of + Arkansas) introduced the following bill; which was referred to the + Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To amend title 28, United States Code, to modify the composition of the + eastern judicial district of Arkansas, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Divisional Realignment for the +Eastern District of Arkansas Act of 2019''. + +SEC. 2. REALIGNMENT OF THE EASTERN DISTRICT OF ARKANSAS. + + Section 83(a) of title 28, United States Code, is amended to read +as follows: +``Eastern District + ``(a) The Eastern District comprises three divisions. + ``(1) The Central Division comprises the counties of + Cleburne, Cleveland, Conway, Dallas, Drew, Faulkner, Grant, + Jefferson, Lincoln, Lonoke, Perry, Pope, Prairie, Pulaski, + Saline, Stone, Van Buren, White, and Yell. +Court for the Central Division shall be held at Little Rock. + ``(2) The Delta Division comprises the counties of + Arkansas, Chicot, Crittenden, Desha, Lee, Monroe, Phillips, and + St. Francis. +Court for the Delta Division shall be held at Helena. + ``(3) The Northern Division comprises the counties of Clay, + Craighead, Cross, Fulton, Greene, Independence, Izard, Jackson, + Lawrence, Mississippi, Poinsett, Randolph, Sharp, and Woodruff. +Court for the Northern Division shall be held at Jonesboro.''. + +SEC. 3. EFFECTIVE DATE. + + This Act and the amendment made by this Act shall take effect on +the date of enactment of this Act. + \ No newline at end of file From 567c765ba83bc027f98dd83cd38f38af88dd1c64 Mon Sep 17 00:00:00 2001 From: "Rep. Crawford, Eric A. Rick [R-AR-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 105/984] House-1123: Engrossed in House --- bills_text/House-1123.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/House-1123.txt b/bills_text/House-1123.txt index ab5dd71..e1f9882 100644 --- a/bills_text/House-1123.txt +++ b/bills_text/House-1123.txt @@ -2,24 +2,9 @@ 1st Session H. R. 1123 -To amend title 28, United States Code, to modify the composition of the - eastern judicial district of Arkansas, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 8, 2019 - - Mr. Crawford (for himself, Mr. Westerman, Mr. Womack, and Mr. Hill of - Arkansas) introduced the following bill; which was referred to the - Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -58,4 +43,21 @@ SEC. 3. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect on the date of enactment of this Act. - \ No newline at end of file + + Passed the House of Representatives October 22, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1123 + +_______________________________________________________________________ + + AN ACT + +To amend title 28, United States Code, to modify the composition of the + eastern judicial district of Arkansas, and for other purposes. From 1544cb949b4f65ce4bf3b6d282411d42c0b85a71 Mon Sep 17 00:00:00 2001 From: "Rep. Crawford, Eric A. Rick [R-AR-1]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 106/984] House-1123: Enrolled --- bills_text/House-1123.txt | 63 ++++++++++++++++----------------------- 1 file changed, 26 insertions(+), 37 deletions(-) diff --git a/bills_text/House-1123.txt b/bills_text/House-1123.txt index e1f9882..12c05da 100644 --- a/bills_text/House-1123.txt +++ b/bills_text/House-1123.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 1123 + H.R.1123 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -13,51 +22,31 @@ To amend title 28, United States Code, to modify the composition of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Divisional Realignment for the Eastern District of Arkansas Act of 2019''. - SEC. 2. REALIGNMENT OF THE EASTERN DISTRICT OF ARKANSAS. - Section 83(a) of title 28, United States Code, is amended to read as follows: ``Eastern District ``(a) The Eastern District comprises three divisions. - ``(1) The Central Division comprises the counties of - Cleburne, Cleveland, Conway, Dallas, Drew, Faulkner, Grant, - Jefferson, Lincoln, Lonoke, Perry, Pope, Prairie, Pulaski, - Saline, Stone, Van Buren, White, and Yell. + ``(1) The Central Division comprises the counties of Cleburne, + Cleveland, Conway, Dallas, Drew, Faulkner, Grant, Jefferson, + Lincoln, Lonoke, Perry, Pope, Prairie, Pulaski, Saline, Stone, Van + Buren, White, and Yell. Court for the Central Division shall be held at Little Rock. - ``(2) The Delta Division comprises the counties of - Arkansas, Chicot, Crittenden, Desha, Lee, Monroe, Phillips, and - St. Francis. + ``(2) The Delta Division comprises the counties of Arkansas, + Chicot, Crittenden, Desha, Lee, Monroe, Phillips, and St. Francis. Court for the Delta Division shall be held at Helena. - ``(3) The Northern Division comprises the counties of Clay, - Craighead, Cross, Fulton, Greene, Independence, Izard, Jackson, - Lawrence, Mississippi, Poinsett, Randolph, Sharp, and Woodruff. + ``(3) The Northern Division comprises the counties of Clay, + Craighead, Cross, Fulton, Greene, Independence, Izard, Jackson, + Lawrence, Mississippi, Poinsett, Randolph, Sharp, and Woodruff. Court for the Northern Division shall be held at Jonesboro.''. - SEC. 3. EFFECTIVE DATE. - This Act and the amendment made by this Act shall take effect on the date of enactment of this Act. - Passed the House of Representatives October 22, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 1123 - -_______________________________________________________________________ - - AN ACT - -To amend title 28, United States Code, to modify the composition of the - eastern judicial district of Arkansas, and for other purposes. + Vice President of the United States and + President of the Senate. From 74d06cbbc403ababbd4444ed4f3805bf68b6bb9a Mon Sep 17 00:00:00 2001 From: "Rep. Reed, Tom [R-NY-23]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 107/984] House-1138: Introduced to House --- bills_text/House-1138.txt | 59 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 59 insertions(+) create mode 100644 bills_text/House-1138.txt diff --git a/bills_text/House-1138.txt b/bills_text/House-1138.txt new file mode 100644 index 0000000..36b6c3f --- /dev/null +++ b/bills_text/House-1138.txt @@ -0,0 +1,59 @@ +116th CONGRESS + 1st Session + H. R. 1138 + + To reauthorize the West Valley demonstration project, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 11, 2019 + + Mr. Reed (for himself and Mr. Higgins of New York) introduced the + following bill; which was referred to the Committee on Energy and + Commerce + +_______________________________________________________________________ + + A BILL + + + + To reauthorize the West Valley demonstration project, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. WEST VALLEY DEMONSTRATION PROJECT. + + (a) Reauthorization.--Section 3(a) of the West Valley Demonstration +Project Act (Public Law 96-368; 42 U.S.C. 2021a note) is amended by +striking ``$5,000,000 for the fiscal year ending September 30, 1981'' +and inserting ``$75,000,000 for each of fiscal years 2020 through +2026''. + (b) Report.--Not later than 18 months after the date of enactment +of this Act, the Comptroller General shall submit to Congress a report +that describes-- + (1) the volumes, origins, and types of radioactive waste at + the Western New York Service Center in West Valley, New York; + (2) what options have been identified for disposal of each + such type of radioactive waste; + (3) what is known about the costs of, and timeframes for, + each such option; + (4) the benefits and challenges of each such option, + according to the State of New York and the Department of + Energy; and + (5) as of the date of enactment of this Act-- + (A) how much has been spent on the disposal of + radioactive waste associated with the demonstration + project prescribed by section 2(a) of the West Valley + Demonstration Project Act; and + (B) what volumes and types of radioactive waste + have been disposed of from the Western New York Service + Center. + \ No newline at end of file From e49403358aeb1360b2191198a1b5f5f7159ec757 Mon Sep 17 00:00:00 2001 From: "Rep. Reed, Tom [R-NY-23]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 108/984] House-1138: Engrossed in House --- bills_text/House-1138.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/House-1138.txt b/bills_text/House-1138.txt index 36b6c3f..a90f763 100644 --- a/bills_text/House-1138.txt +++ b/bills_text/House-1138.txt @@ -2,24 +2,9 @@ 1st Session H. R. 1138 - To reauthorize the West Valley demonstration project, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 11, 2019 - - Mr. Reed (for himself and Mr. Higgins of New York) introduced the - following bill; which was referred to the Committee on Energy and - Commerce - _______________________________________________________________________ - A BILL + AN ACT @@ -56,4 +41,21 @@ that describes-- (B) what volumes and types of radioactive waste have been disposed of from the Western New York Service Center. - \ No newline at end of file + + Passed the House of Representatives March 5, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1138 + +_______________________________________________________________________ + + AN ACT + + To reauthorize the West Valley demonstration project, and for other + purposes. From 60b08022013c202b1071b836de62deb89faa36c7 Mon Sep 17 00:00:00 2001 From: "Rep. Reed, Tom [R-NY-23]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 109/984] House-1138: Enrolled --- bills_text/House-1138.txt | 77 +++++++++++++++++---------------------- 1 file changed, 34 insertions(+), 43 deletions(-) diff --git a/bills_text/House-1138.txt b/bills_text/House-1138.txt index a90f763..d618550 100644 --- a/bills_text/House-1138.txt +++ b/bills_text/House-1138.txt @@ -1,21 +1,28 @@ -116th CONGRESS - 1st Session - H. R. 1138 + H.R.1138 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To reauthorize the West Valley demonstration project, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. WEST VALLEY DEMONSTRATION PROJECT. - (a) Reauthorization.--Section 3(a) of the West Valley Demonstration Project Act (Public Law 96-368; 42 U.S.C. 2021a note) is amended by striking ``$5,000,000 for the fiscal year ending September 30, 1981'' @@ -24,38 +31,22 @@ and inserting ``$75,000,000 for each of fiscal years 2020 through (b) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report that describes-- - (1) the volumes, origins, and types of radioactive waste at - the Western New York Service Center in West Valley, New York; - (2) what options have been identified for disposal of each - such type of radioactive waste; - (3) what is known about the costs of, and timeframes for, - each such option; - (4) the benefits and challenges of each such option, - according to the State of New York and the Department of - Energy; and - (5) as of the date of enactment of this Act-- - (A) how much has been spent on the disposal of - radioactive waste associated with the demonstration - project prescribed by section 2(a) of the West Valley - Demonstration Project Act; and - (B) what volumes and types of radioactive waste - have been disposed of from the Western New York Service - Center. - - Passed the House of Representatives March 5, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1138 - -_______________________________________________________________________ - - AN ACT - - To reauthorize the West Valley demonstration project, and for other - purposes. + (1) the volumes, origins, and types of radioactive waste at the + Western New York Service Center in West Valley, New York; + (2) what options have been identified for disposal of each such + type of radioactive waste; + (3) what is known about the costs of, and timeframes for, each + such option; + (4) the benefits and challenges of each such option, according + to the State of New York and the Department of Energy; and + (5) as of the date of enactment of this Act-- + (A) how much has been spent on the disposal of radioactive + waste associated with the demonstration project prescribed by + section 2(a) of the West Valley Demonstration Project Act; and + (B) what volumes and types of radioactive waste have been + disposed of from the Western New York Service Center. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From eff1bfbd9769384c00726ff3b33428f263c28b53 Mon Sep 17 00:00:00 2001 From: "Rep. McCaul, Michael T. [R-TX-10]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 110/984] House-1158: Introduced to House --- bills_text/House-1158.txt | 99 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 99 insertions(+) create mode 100644 bills_text/House-1158.txt diff --git a/bills_text/House-1158.txt b/bills_text/House-1158.txt new file mode 100644 index 0000000..0ddd89f --- /dev/null +++ b/bills_text/House-1158.txt @@ -0,0 +1,99 @@ +116th CONGRESS + 1st Session + H. R. 1158 + + To authorize cyber incident response teams at the Department of + Homeland Security, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 13, 2019 + + Mr. McCaul (for himself, Mr. Langevin, Mr. Katko, Mr. Ruppersberger, +and Mr. Ratcliffe) introduced the following bill; which was referred to + the Committee on Homeland Security + +_______________________________________________________________________ + + A BILL + + + + To authorize cyber incident response teams at the Department of + Homeland Security, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``DHS Cyber Incident Response Teams +Act of 2019''. + +SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBER INCIDENT RESPONSE TEAMS. + + (a) In General.--Section 2209 of the Homeland Security Act of 2002 +(6 U.S.C. 148) is amended-- + (1) in subsection (d)(1)(B)(iv), by inserting ``, including + cybersecurity specialists'' after ``entities''; + (2) by redesignating subsections (f) through (m) as + subsections (g) through (n), respectively; + (3) by inserting after subsection (d) the following new + subsection (f): + ``(f) Cyber Incident Response Teams.-- + ``(1) In general.--The Center shall maintain cyber hunt and + incident response teams for the purpose of providing, as + appropriate and upon request, assistance, including the + following: + ``(A) Assistance to asset owners and operators in + restoring services following a cyber incident. + ``(B) The identification of cybersecurity risk and + unauthorized cyber activity. + ``(C) Mitigation strategies to prevent, deter, and + protect against cybersecurity risks. + ``(D) Recommendations to asset owners and operators + for improving overall network and control systems + security to lower cybersecurity risks, and other + recommendations, as appropriate. + ``(E) Such other capabilities as the Under + Secretary appointed under section 103(a)(1)(H) + determines appropriate. + ``(2) Cybersecurity specialists.--The Secretary may include + cybersecurity specialists from the private sector on cyber hunt + and incident response teams. + ``(3) Associated metrics.--The Center shall continually + assess and evaluate the cyber incident response teams and their + operations using robust metrics. + ``(4) Submittal of information to congress.--Upon the + conclusion of each of the first four fiscal years ending after + the date of the enactment of this subsection, the Center shall + submit to the Committee on Homeland Security of the House of + Representatives and the Homeland Security and Governmental + Affairs Committee of the Senate, information on the metrics + used for evaluation and assessment of the cyber incident + response teams and operations pursuant to paragraph (3), + including the resources and staffing of such cyber incident + response teams. Such information shall include each of the + following for the period covered by the report: + ``(A) The total number of incident response + requests received. + ``(B) The number of incident response tickets + opened. + ``(C) All interagency staffing of incident response + teams. + ``(D) The interagency collaborations established to + support incident response teams.''; and + (4) in subsection (g), as redesignated by paragraph (2)-- + (A) in paragraph (1), by inserting ``, or any team + or activity of the Center,'' after ``Center''; and + (B) in paragraph (2), by inserting ``, or any team + or activity of the Center,'' after ``Center''. + (b) No Additional Funds Authorized.--No additional funds are +authorized to be appropriated to carry out the requirements of this Act +and the amendments made by this Act. Such requirements shall be carried +out using amounts otherwise authorized to be appropriated. + \ No newline at end of file From c2105b5a1af13fe273cdb11c01744f25f34df88d Mon Sep 17 00:00:00 2001 From: "Rep. McCaul, Michael T. [R-TX-10]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 111/984] House-1158: Engrossed in House --- bills_text/House-1158.txt | 42 ++++++++++++++++++++------------------- 1 file changed, 22 insertions(+), 20 deletions(-) diff --git a/bills_text/House-1158.txt b/bills_text/House-1158.txt index 0ddd89f..5463509 100644 --- a/bills_text/House-1158.txt +++ b/bills_text/House-1158.txt @@ -2,24 +2,9 @@ 1st Session H. R. 1158 - To authorize cyber incident response teams at the Department of - Homeland Security, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 13, 2019 - - Mr. McCaul (for himself, Mr. Langevin, Mr. Katko, Mr. Ruppersberger, -and Mr. Ratcliffe) introduced the following bill; which was referred to - the Committee on Homeland Security - _______________________________________________________________________ - A BILL + AN ACT @@ -42,7 +27,7 @@ SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBER INCIDENT RESPONSE TEAMS. cybersecurity specialists'' after ``entities''; (2) by redesignating subsections (f) through (m) as subsections (g) through (n), respectively; - (3) by inserting after subsection (d) the following new + (3) by inserting after subsection (e) the following new subsection (f): ``(f) Cyber Incident Response Teams.-- ``(1) In general.--The Center shall maintain cyber hunt and @@ -69,8 +54,8 @@ SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBER INCIDENT RESPONSE TEAMS. assess and evaluate the cyber incident response teams and their operations using robust metrics. ``(4) Submittal of information to congress.--Upon the - conclusion of each of the first four fiscal years ending after - the date of the enactment of this subsection, the Center shall + conclusion of each of the first 4 fiscal years ending after the + date of the enactment of this subsection, the Center shall submit to the Committee on Homeland Security of the House of Representatives and the Homeland Security and Governmental Affairs Committee of the Senate, information on the metrics @@ -96,4 +81,21 @@ SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBER INCIDENT RESPONSE TEAMS. authorized to be appropriated to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated. - \ No newline at end of file + + Passed the House of Representatives June 10, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1158 + +_______________________________________________________________________ + + AN ACT + + To authorize cyber incident response teams at the Department of + Homeland Security, and for other purposes. From 8dddea3a38a530015ed0e175d0551a4ea7866df3 Mon Sep 17 00:00:00 2001 From: "Rep. McCaul, Michael T. [R-TX-10]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 112/984] House-1158: Enrolled --- bills_text/House-1158.txt | 11860 +++++++++++++++++++++++++++++++++++- 1 file changed, 11769 insertions(+), 91 deletions(-) diff --git a/bills_text/House-1158.txt b/bills_text/House-1158.txt index 5463509..22c7387 100644 --- a/bills_text/House-1158.txt +++ b/bills_text/House-1158.txt @@ -1,101 +1,11779 @@ -116th CONGRESS - 1st Session - H. R. 1158 + H.R.1158 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To authorize cyber incident response teams at the Department of - Homeland Security, and for other purposes. +Making consolidated appropriations for the fiscal year ending September + 30, 2020, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. + This Act may be cited as the ``Consolidated Appropriations Act, +2020''. +SEC. 2. TABLE OF CONTENTS. + +Sec. 1. Short title. +Sec. 2. Table of contents. +Sec. 3. References. +Sec. 4. Explanatory statement. +Sec. 5. Statement of appropriations. +Sec. 6. Availability of funds. + + DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020 + +Title I--Military Personnel +Title II--Operation and Maintenance +Title III--Procurement +Title IV--Research, Development, Test and Evaluation +Title V--Revolving and Management Funds +Title VI--Other Department of Defense Programs +Title VII--Related Agencies +Title VIII--General Provisions +Title IX--Overseas Contingency Operations +Title X--Natural Disaster Relief + + DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES + APPROPRIATIONS ACT, 2020 + +Title I--Department of Commerce +Title II--Department of Justice +Title III--Science +Title IV--Related Agencies +Title V--General Provisions + + DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS + ACT, 2020 + +Title I--Department of the Treasury +Title II--Executive Office of the President and Funds Appropriated to + the President +Title III--The Judiciary +Title IV--District of Columbia +Title V--Independent Agencies +Title VI--General Provisions--This Act +Title VII--General Provisions--Government-wide +Title VIII--General Provisions--District of Columbia + + DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020 + +Title I--Departmental Management, Operations, Intelligence, and + Oversight +Title II--Security, Enforcement, and Investigations +Title III--Protection, Preparedness, Response, and Recovery +Title IV--Research, Development, Training, and Services +Title V--General Provisions +SEC. 3. REFERENCES. + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. +SEC. 4. EXPLANATORY STATEMENT. + The explanatory statement regarding this Act, printed in the House +section of the Congressional Record on or about December 17, 2019, and +submitted by the Chairwoman of the Committee on Appropriations of the +House, shall have the same effect with respect to the allocation of +funds and implementation of divisions A through D of this Act as if it +were a joint explanatory statement of a committee of conference. +SEC. 5. STATEMENT OF APPROPRIATIONS. + The following sums in this Act are appropriated, out of any money +in the Treasury not otherwise appropriated, for the fiscal year ending +September 30, 2020. +SEC. 6. AVAILABILITY OF FUNDS. + (a) Each amount designated in this Act by the Congress as an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985 shall be +available (or rescinded, if applicable) only if the President +subsequently so designates all such amounts and transmits such +designations to the Congress. + (b) Each amount designated in this Act by the Congress for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985 shall be available (or rescinded, if applicable) only if +the President subsequently so designates all such amounts and transmits +such designations to the Congress. + + DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020 + + TITLE I + + MILITARY PERSONNEL + + Military Personnel, Army + + For pay, allowances, individual clothing, subsistence, interest on +deposits, gratuities, permanent change of station travel (including all +expenses thereof for organizational movements), and expenses of +temporary duty travel between permanent duty stations, for members of +the Army on active duty (except members of reserve components provided +for elsewhere), cadets, and aviation cadets; for members of the Reserve +Officers' Training Corps; and for payments pursuant to section 156 of +Public Law 97-377, as amended (42 U.S.C. 402 note), and to the +Department of Defense Military Retirement Fund, $42,746,972,000. + + Military Personnel, Navy + + For pay, allowances, individual clothing, subsistence, interest on +deposits, gratuities, permanent change of station travel (including all +expenses thereof for organizational movements), and expenses of +temporary duty travel between permanent duty stations, for members of +the Navy on active duty (except members of the Reserve provided for +elsewhere), midshipmen, and aviation cadets; for members of the Reserve +Officers' Training Corps; and for payments pursuant to section 156 of +Public Law 97-377, as amended (42 U.S.C. 402 note), and to the +Department of Defense Military Retirement Fund, $31,710,431,000. + + Military Personnel, Marine Corps + + For pay, allowances, individual clothing, subsistence, interest on +deposits, gratuities, permanent change of station travel (including all +expenses thereof for organizational movements), and expenses of +temporary duty travel between permanent duty stations, for members of +the Marine Corps on active duty (except members of the Reserve provided +for elsewhere); and for payments pursuant to section 156 of Public Law +97-377, as amended (42 U.S.C. 402 note), and to the Department of +Defense Military Retirement Fund, $14,098,666,000. + + Military Personnel, Air Force + + For pay, allowances, individual clothing, subsistence, interest on +deposits, gratuities, permanent change of station travel (including all +expenses thereof for organizational movements), and expenses of +temporary duty travel between permanent duty stations, for members of +the Air Force on active duty (except members of reserve components +provided for elsewhere), cadets, and aviation cadets; for members of +the Reserve Officers' Training Corps; and for payments pursuant to +section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and +to the Department of Defense Military Retirement Fund, $31,239,149,000. + + Reserve Personnel, Army + + For pay, allowances, clothing, subsistence, gratuities, travel, and +related expenses for personnel of the Army Reserve on active duty under +sections 10211, 10302, and 7038 of title 10, United States Code, or +while serving on active duty under section 12301(d) of title 10, United +States Code, in connection with performing duty specified in section +12310(a) of title 10, United States Code, or while undergoing reserve +training, or while performing drills or equivalent duty or other duty, +and expenses authorized by section 16131 of title 10, United States +Code; and for payments to the Department of Defense Military Retirement +Fund, $4,922,087,000. + + Reserve Personnel, Navy + + For pay, allowances, clothing, subsistence, gratuities, travel, and +related expenses for personnel of the Navy Reserve on active duty under +section 10211 of title 10, United States Code, or while serving on +active duty under section 12301(d) of title 10, United States Code, in +connection with performing duty specified in section 12310(a) of title +10, United States Code, or while undergoing reserve training, or while +performing drills or equivalent duty, and expenses authorized by +section 16131 of title 10, United States Code; and for payments to the +Department of Defense Military Retirement Fund, $2,115,997,000. + + Reserve Personnel, Marine Corps + + For pay, allowances, clothing, subsistence, gratuities, travel, and +related expenses for personnel of the Marine Corps Reserve on active +duty under section 10211 of title 10, United States Code, or while +serving on active duty under section 12301(d) of title 10, United +States Code, in connection with performing duty specified in section +12310(a) of title 10, United States Code, or while undergoing reserve +training, or while performing drills or equivalent duty, and for +members of the Marine Corps platoon leaders class, and expenses +authorized by section 16131 of title 10, United States Code; and for +payments to the Department of Defense Military Retirement Fund, +$833,604,000. + + Reserve Personnel, Air Force + + For pay, allowances, clothing, subsistence, gratuities, travel, and +related expenses for personnel of the Air Force Reserve on active duty +under sections 10211, 10305, and 8038 of title 10, United States Code, +or while serving on active duty under section 12301(d) of title 10, +United States Code, in connection with performing duty specified in +section 12310(a) of title 10, United States Code, or while undergoing +reserve training, or while performing drills or equivalent duty or +other duty, and expenses authorized by section 16131 of title 10, +United States Code; and for payments to the Department of Defense +Military Retirement Fund, $2,014,190,000. + + National Guard Personnel, Army + + For pay, allowances, clothing, subsistence, gratuities, travel, and +related expenses for personnel of the Army National Guard while on duty +under sections 10211, 10302, or 12402 of title 10 or section 708 of +title 32, United States Code, or while serving on duty under section +12301(d) of title 10 or section 502(f) of title 32, United States Code, +in connection with performing duty specified in section 12310(a) of +title 10, United States Code, or while undergoing training, or while +performing drills or equivalent duty or other duty, and expenses +authorized by section 16131 of title 10, United States Code; and for +payments to the Department of Defense Military Retirement Fund, +$8,704,320,000. + + National Guard Personnel, Air Force + + For pay, allowances, clothing, subsistence, gratuities, travel, and +related expenses for personnel of the Air National Guard on duty under +sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, +United States Code, or while serving on duty under section 12301(d) of +title 10 or section 502(f) of title 32, United States Code, in +connection with performing duty specified in section 12310(a) of title +10, United States Code, or while undergoing training, or while +performing drills or equivalent duty or other duty, and expenses +authorized by section 16131 of title 10, United States Code; and for +payments to the Department of Defense Military Retirement Fund, +$4,060,651,000. + + TITLE II + + OPERATION AND MAINTENANCE + + Operation and Maintenance, Army + + For expenses, not otherwise provided for, necessary for the +operation and maintenance of the Army, as authorized by law, +$39,597,083,000: Provided, That not to exceed $12,478,000 can be used +for emergencies and extraordinary expenses, to be expended on the +approval or authority of the Secretary of the Army, and payments may be +made on his certificate of necessity for confidential military +purposes. + + Operation and Maintenance, Navy + + For expenses, not otherwise provided for, necessary for the +operation and maintenance of the Navy and the Marine Corps, as +authorized by law, $47,622,510,000: Provided, That not to exceed +$15,055,000 can be used for emergencies and extraordinary expenses, to +be expended on the approval or authority of the Secretary of the Navy, +and payments may be made on his certificate of necessity for +confidential military purposes. + + Operation and Maintenance, Marine Corps + + For expenses, not otherwise provided for, necessary for the +operation and maintenance of the Marine Corps, as authorized by law, +$7,868,468,000. + + Operation and Maintenance, Air Force + + For expenses, not otherwise provided for, necessary for the +operation and maintenance of the Air Force, as authorized by law, +$42,736,365,000: Provided, That not to exceed $7,699,000 can be used +for emergencies and extraordinary expenses, to be expended on the +approval or authority of the Secretary of the Air Force, and payments +may be made on his certificate of necessity for confidential military +purposes. + + Operation and Maintenance, Space Force + + For expenses, not otherwise provided for, necessary for the +operation and maintenance of the Space Force, as authorized by law, +$40,000,000. + + Operation and Maintenance, Defense-Wide + + (including transfer of funds) + + For expenses, not otherwise provided for, necessary for the +operation and maintenance of activities and agencies of the Department +of Defense (other than the military departments), as authorized by law, +$37,491,073,000: Provided, That not more than $6,859,000 may be used +for the Combatant Commander Initiative Fund authorized under section +166a of title 10, United States Code: Provided further, That not to +exceed $36,000,000 can be used for emergencies and extraordinary +expenses, to be expended on the approval or authority of the Secretary +of Defense, and payments may be made on his certificate of necessity +for confidential military purposes: Provided further, That of the +funds provided under this heading, not less than $44,500,000 shall be +made available for the Procurement Technical Assistance Cooperative +Agreement Program, of which not less than $4,500,000 shall be available +for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That +none of the funds appropriated or otherwise made available by this Act +may be used to plan or implement the consolidation of a budget or +appropriations liaison office of the Office of the Secretary of +Defense, the office of the Secretary of a military department, or the +service headquarters of one of the Armed Forces into a legislative +affairs or legislative liaison office: Provided further, That +$17,732,000, to remain available until expended, is available only for +expenses relating to certain classified activities, and may be +transferred as necessary by the Secretary of Defense to operation and +maintenance appropriations or research, development, test and +evaluation appropriations, to be merged with and to be available for +the same time period as the appropriations to which transferred: +Provided further, That any ceiling on the investment item unit cost of +items that may be purchased with operation and maintenance funds shall +not apply to the funds described in the preceding proviso: Provided +further, That of the funds provided under this heading, $643,073,000, +of which $160,768,000, to remain available until September 30, 2021, +shall be available to provide support and assistance to foreign +security forces or other groups or individuals to conduct, support or +facilitate counterterrorism, crisis response, or other Department of +Defense security cooperation programs: Provided further, That the +transfer authority provided under this heading is in addition to any +other transfer authority provided elsewhere in this Act. + + Operation and Maintenance, Army Reserve + + For expenses, not otherwise provided for, necessary for the +operation and maintenance, including training, organization, and +administration, of the Army Reserve; repair of facilities and +equipment; hire of passenger motor vehicles; travel and transportation; +care of the dead; recruiting; procurement of services, supplies, and +equipment; and communications, $2,984,494,000. + + Operation and Maintenance, Navy Reserve + + For expenses, not otherwise provided for, necessary for the +operation and maintenance, including training, organization, and +administration, of the Navy Reserve; repair of facilities and +equipment; hire of passenger motor vehicles; travel and transportation; +care of the dead; recruiting; procurement of services, supplies, and +equipment; and communications, $1,102,616,000. + + Operation and Maintenance, Marine Corps Reserve + + For expenses, not otherwise provided for, necessary for the +operation and maintenance, including training, organization, and +administration, of the Marine Corps Reserve; repair of facilities and +equipment; hire of passenger motor vehicles; travel and transportation; +care of the dead; recruiting; procurement of services, supplies, and +equipment; and communications, $289,076,000. + + Operation and Maintenance, Air Force Reserve + + For expenses, not otherwise provided for, necessary for the +operation and maintenance, including training, organization, and +administration, of the Air Force Reserve; repair of facilities and +equipment; hire of passenger motor vehicles; travel and transportation; +care of the dead; recruiting; procurement of services, supplies, and +equipment; and communications, $3,227,318,000. + + Operation and Maintenance, Army National Guard + + For expenses of training, organizing, and administering the Army +National Guard, including medical and hospital treatment and related +expenses in non-Federal hospitals; maintenance, operation, and repairs +to structures and facilities; hire of passenger motor vehicles; +personnel services in the National Guard Bureau; travel expenses (other +than mileage), as authorized by law for Army personnel on active duty, +for Army National Guard division, regimental, and battalion commanders +while inspecting units in compliance with National Guard Bureau +regulations when specifically authorized by the Chief, National Guard +Bureau; supplying and equipping the Army National Guard as authorized +by law; and expenses of repair, modification, maintenance, and issue of +supplies and equipment (including aircraft), $7,461,947,000. + + Operation and Maintenance, Air National Guard + + For expenses of training, organizing, and administering the Air +National Guard, including medical and hospital treatment and related +expenses in non-Federal hospitals; maintenance, operation, and repairs +to structures and facilities; transportation of things, hire of +passenger motor vehicles; supplying and equipping the Air National +Guard, as authorized by law; expenses for repair, modification, +maintenance, and issue of supplies and equipment, including those +furnished from stocks under the control of agencies of the Department +of Defense; travel expenses (other than mileage) on the same basis as +authorized by law for Air National Guard personnel on active Federal +duty, for Air National Guard commanders while inspecting units in +compliance with National Guard Bureau regulations when specifically +authorized by the Chief, National Guard Bureau, $6,655,292,000. + + United States Court of Appeals for the Armed Forces + + For salaries and expenses necessary for the United States Court of +Appeals for the Armed Forces, $14,771,000, of which not to exceed +$5,000 may be used for official representation purposes. + + Environmental Restoration, Army + + (including transfer of funds) + + For the Department of the Army, $251,700,000, to remain available +until transferred: Provided, That the Secretary of the Army shall, +upon determining that such funds are required for environmental +restoration, reduction and recycling of hazardous waste, removal of +unsafe buildings and debris of the Department of the Army, or for +similar purposes, transfer the funds made available by this +appropriation to other appropriations made available to the Department +of the Army, to be merged with and to be available for the same +purposes and for the same time period as the appropriations to which +transferred: Provided further, That upon a determination that all or +part of the funds transferred from this appropriation are not necessary +for the purposes provided herein, such amounts may be transferred back +to this appropriation: Provided further, That the transfer authority +provided under this heading is in addition to any other transfer +authority provided elsewhere in this Act. + + Environmental Restoration, Navy + + (including transfer of funds) + + For the Department of the Navy, $385,000,000, to remain available +until transferred: Provided, That the Secretary of the Navy shall, +upon determining that such funds are required for environmental +restoration, reduction and recycling of hazardous waste, removal of +unsafe buildings and debris of the Department of the Navy, or for +similar purposes, transfer the funds made available by this +appropriation to other appropriations made available to the Department +of the Navy, to be merged with and to be available for the same +purposes and for the same time period as the appropriations to which +transferred: Provided further, That upon a determination that all or +part of the funds transferred from this appropriation are not necessary +for the purposes provided herein, such amounts may be transferred back +to this appropriation: Provided further, That the transfer authority +provided under this heading is in addition to any other transfer +authority provided elsewhere in this Act. + + Environmental Restoration, Air Force + + (including transfer of funds) + + For the Department of the Air Force, $485,000,000, to remain +available until transferred: Provided, That the Secretary of the Air +Force shall, upon determining that such funds are required for +environmental restoration, reduction and recycling of hazardous waste, +removal of unsafe buildings and debris of the Department of the Air +Force, or for similar purposes, transfer the funds made available by +this appropriation to other appropriations made available to the +Department of the Air Force, to be merged with and to be available for +the same purposes and for the same time period as the appropriations to +which transferred: Provided further, That upon a determination that +all or part of the funds transferred from this appropriation are not +necessary for the purposes provided herein, such amounts may be +transferred back to this appropriation: Provided further, That the +transfer authority provided under this heading is in addition to any +other transfer authority provided elsewhere in this Act. + + Environmental Restoration, Defense-Wide + + (including transfer of funds) + + For the Department of Defense, $19,002,000, to remain available +until transferred: Provided, That the Secretary of Defense shall, upon +determining that such funds are required for environmental restoration, +reduction and recycling of hazardous waste, removal of unsafe buildings +and debris of the Department of Defense, or for similar purposes, +transfer the funds made available by this appropriation to other +appropriations made available to the Department of Defense, to be +merged with and to be available for the same purposes and for the same +time period as the appropriations to which transferred: Provided +further, That upon a determination that all or part of the funds +transferred from this appropriation are not necessary for the purposes +provided herein, such amounts may be transferred back to this +appropriation: Provided further, That the transfer authority provided +under this heading is in addition to any other transfer authority +provided elsewhere in this Act. + + Environmental Restoration, Formerly Used Defense Sites + + (including transfer of funds) + + For the Department of the Army, $275,000,000, to remain available +until transferred: Provided, That the Secretary of the Army shall, +upon determining that such funds are required for environmental +restoration, reduction and recycling of hazardous waste, removal of +unsafe buildings and debris at sites formerly used by the Department of +Defense, transfer the funds made available by this appropriation to +other appropriations made available to the Department of the Army, to +be merged with and to be available for the same purposes and for the +same time period as the appropriations to which transferred: Provided +further, That upon a determination that all or part of the funds +transferred from this appropriation are not necessary for the purposes +provided herein, such amounts may be transferred back to this +appropriation: Provided further, That the transfer authority provided +under this heading is in addition to any other transfer authority +provided elsewhere in this Act. + + Overseas Humanitarian, Disaster, and Civic Aid + + For expenses relating to the Overseas Humanitarian, Disaster, and +Civic Aid programs of the Department of Defense (consisting of the +programs provided under sections 401, 402, 404, 407, 2557, and 2561 of +title 10, United States Code), $135,000,000, to remain available until +September 30, 2021. + + Cooperative Threat Reduction Account + + For assistance, including assistance provided by contract or by +grants, under programs and activities of the Department of Defense +Cooperative Threat Reduction Program authorized under the Department of +Defense Cooperative Threat Reduction Act, $373,700,000, to remain +available until September 30, 2022. + + Department of Defense Acquisition Workforce Development Fund + + For the Department of Defense Acquisition Workforce Development +Fund, $400,000,000, to remain available for obligation until September +30, 2021: Provided, That no other amounts may be otherwise credited or +transferred to the Fund, or deposited into the Fund, in fiscal year +2020 pursuant to section 1705(d) of title 10, United States Code. + + TITLE III + + PROCUREMENT + + Aircraft Procurement, Army + + For construction, procurement, production, modification, and +modernization of aircraft, equipment, including ordnance, ground +handling equipment, spare parts, and accessories therefor; specialized +equipment and training devices; expansion of public and private plants, +including the land necessary therefor, for the foregoing purposes, and +such lands and interests therein, may be acquired, and construction +prosecuted thereon prior to approval of title; and procurement and +installation of equipment, appliances, and machine tools in public and +private plants; reserve plant and Government and contractor-owned +equipment layaway; and other expenses necessary for the foregoing +purposes, $3,771,329,000, to remain available for obligation until +September 30, 2022. + + Missile Procurement, Army + + For construction, procurement, production, modification, and +modernization of missiles, equipment, including ordnance, ground +handling equipment, spare parts, and accessories therefor; specialized +equipment and training devices; expansion of public and private plants, +including the land necessary therefor, for the foregoing purposes, and +such lands and interests therein, may be acquired, and construction +prosecuted thereon prior to approval of title; and procurement and +installation of equipment, appliances, and machine tools in public and +private plants; reserve plant and Government and contractor-owned +equipment layaway; and other expenses necessary for the foregoing +purposes, $2,995,673,000, to remain available for obligation until +September 30, 2022. + + Procurement of Weapons and Tracked Combat Vehicles, Army + + For construction, procurement, production, and modification of +weapons and tracked combat vehicles, equipment, including ordnance, +spare parts, and accessories therefor; specialized equipment and +training devices; expansion of public and private plants, including the +land necessary therefor, for the foregoing purposes, and such lands and +interests therein, may be acquired, and construction prosecuted thereon +prior to approval of title; and procurement and installation of +equipment, appliances, and machine tools in public and private plants; +reserve plant and Government and contractor-owned equipment layaway; +and other expenses necessary for the foregoing purposes, +$4,663,597,000, to remain available for obligation until September 30, +2022. + + Procurement of Ammunition, Army + + For construction, procurement, production, and modification of +ammunition, and accessories therefor; specialized equipment and +training devices; expansion of public and private plants, including +ammunition facilities, authorized by section 2854 of title 10, United +States Code, and the land necessary therefor, for the foregoing +purposes, and such lands and interests therein, may be acquired, and +construction prosecuted thereon prior to approval of title; and +procurement and installation of equipment, appliances, and machine +tools in public and private plants; reserve plant and Government and +contractor-owned equipment layaway; and other expenses necessary for +the foregoing purposes, $2,578,575,000, to remain available for +obligation until September 30, 2022. + + Other Procurement, Army + + For construction, procurement, production, and modification of +vehicles, including tactical, support, and non-tracked combat vehicles; +the purchase of passenger motor vehicles for replacement only; +communications and electronic equipment; other support equipment; spare +parts, ordnance, and accessories therefor; specialized equipment and +training devices; expansion of public and private plants, including the +land necessary therefor, for the foregoing purposes, and such lands and +interests therein, may be acquired, and construction prosecuted thereon +prior to approval of title; and procurement and installation of +equipment, appliances, and machine tools in public and private plants; +reserve plant and Government and contractor-owned equipment layaway; +and other expenses necessary for the foregoing purposes, +$7,581,524,000, to remain available for obligation until September 30, +2022. + + Aircraft Procurement, Navy + + For construction, procurement, production, modification, and +modernization of aircraft, equipment, including ordnance, spare parts, +and accessories therefor; specialized equipment; expansion of public +and private plants, including the land necessary therefor, and such +lands and interests therein, may be acquired, and construction +prosecuted thereon prior to approval of title; and procurement and +installation of equipment, appliances, and machine tools in public and +private plants; reserve plant and Government and contractor-owned +equipment layaway, $19,605,513,000, to remain available for obligation +until September 30, 2022. + + Weapons Procurement, Navy + + For construction, procurement, production, modification, and +modernization of missiles, torpedoes, other weapons, and related +support equipment including spare parts, and accessories therefor; +expansion of public and private plants, including the land necessary +therefor, and such lands and interests therein, may be acquired, and +construction prosecuted thereon prior to approval of title; and +procurement and installation of equipment, appliances, and machine +tools in public and private plants; reserve plant and Government and +contractor-owned equipment layaway, $4,017,470,000, to remain available +for obligation until September 30, 2022. + + Procurement of Ammunition, Navy and Marine Corps + + For construction, procurement, production, and modification of +ammunition, and accessories therefor; specialized equipment and +training devices; expansion of public and private plants, including +ammunition facilities, authorized by section 2854 of title 10, United +States Code, and the land necessary therefor, for the foregoing +purposes, and such lands and interests therein, may be acquired, and +construction prosecuted thereon prior to approval of title; and +procurement and installation of equipment, appliances, and machine +tools in public and private plants; reserve plant and Government and +contractor-owned equipment layaway; and other expenses necessary for +the foregoing purposes, $843,401,000, to remain available for +obligation until September 30, 2022. + + Shipbuilding and Conversion, Navy + + For expenses necessary for the construction, acquisition, or +conversion of vessels as authorized by law, including armor and +armament thereof, plant equipment, appliances, and machine tools and +installation thereof in public and private plants; reserve plant and +Government and contractor-owned equipment layaway; procurement of +critical, long lead time components and designs for vessels to be +constructed or converted in the future; and expansion of public and +private plants, including land necessary therefor, and such lands and +interests therein, may be acquired, and construction prosecuted thereon +prior to approval of title, as follows: + Ohio Replacement Submarine (AP), $1,820,927,000; + Carrier Replacement Program (CVN-80), $1,062,000,000; + Carrier Replacement Program (CVN-81), $1,214,500,000; + Virginia Class Submarine, $5,365,181,000; + Virginia Class Submarine (AP), $2,969,552,000; + CVN Refueling Overhauls, $634,626,000; + CVN Refueling Overhauls (AP), $16,900,000; + DDG-1000 Program, $155,944,000; + DDG-51 Destroyer, $5,065,295,000; + DDG-51 Destroyer (AP), $744,028,000; + FFG-Frigate, $1,281,177,000; + LPD Flight II, $524,100,000; + LHA Replacement, $650,000,000; + Expeditionary Fast Transport, $261,000,000; + TAO Fleet Oiler, $981,215,000; + TAO Fleet Oiler (AP), $73,000,000; + Towing, Salvage, and Rescue Ship, $150,282,000; + LCU 1700, $83,670,000; + Ship to Shore Connector, $65,000,000; + Service Craft, $56,289,000; + For outfitting, post delivery, conversions, and first + destination transportation, $695,992,000; and + Completion of Prior Year Shipbuilding Programs, $104,700,000. + In all: $23,975,378,000, to remain available for obligation until +September 30, 2024: Provided, That additional obligations may be +incurred after September 30, 2024, for engineering services, tests, +evaluations, and other such budgeted work that must be performed in the +final stage of ship construction: Provided further, That none of the +funds provided under this heading for the construction or conversion of +any naval vessel to be constructed in shipyards in the United States +shall be expended in foreign facilities for the construction of major +components of such vessel: Provided further, That none of the funds +provided under this heading shall be used for the construction of any +naval vessel in foreign shipyards: Provided further, That funds +appropriated or otherwise made available by this Act for Ohio +Replacement Submarine (AP) may be available for the purposes authorized +by subsections (f), (g), (h) or (i) of section 2218a of title 10, +United States Code, only in accordance with the provisions of the +applicable subsection: Provided further, That an appropriation made +under the heading ``Shipbuilding and Conversion, Navy'' provided for +the purpose of ``Program increase--advance procurement for fiscal year +2020 LPD Flight II and/or multiyear procurement economic order +quantity'' shall be considered to be for the purpose of ``Program +increase--advance procurement of LPD-31''. + + Other Procurement, Navy + + For procurement, production, and modernization of support equipment +and materials not otherwise provided for, Navy ordnance (except +ordnance for new aircraft, new ships, and ships authorized for +conversion); the purchase of passenger motor vehicles for replacement +only; expansion of public and private plants, including the land +necessary therefor, and such lands and interests therein, may be +acquired, and construction prosecuted thereon prior to approval of +title; and procurement and installation of equipment, appliances, and +machine tools in public and private plants; reserve plant and +Government and contractor-owned equipment layaway, $10,075,257,000, to +remain available for obligation until September 30, 2022: Provided, +That such funds are also available for the maintenance, repair, and +modernization of Pacific Fleet ships under a pilot program established +for such purposes. + + Procurement, Marine Corps + + For expenses necessary for the procurement, manufacture, and +modification of missiles, armament, military equipment, spare parts, +and accessories therefor; plant equipment, appliances, and machine +tools, and installation thereof in public and private plants; reserve +plant and Government and contractor-owned equipment layaway; vehicles +for the Marine Corps, including the purchase of passenger motor +vehicles for replacement only; and expansion of public and private +plants, including land necessary therefor, and such lands and interests +therein, may be acquired, and construction prosecuted thereon prior to +approval of title, $2,898,422,000, to remain available for obligation +until September 30, 2022. + + Aircraft Procurement, Air Force + + For construction, procurement, and modification of aircraft and +equipment, including armor and armament, specialized ground handling +equipment, and training devices, spare parts, and accessories therefor; +specialized equipment; expansion of public and private plants, +Government-owned equipment and installation thereof in such plants, +erection of structures, and acquisition of land, for the foregoing +purposes, and such lands and interests therein, may be acquired, and +construction prosecuted thereon prior to approval of title; reserve +plant and Government and contractor-owned equipment layaway; and other +expenses necessary for the foregoing purposes including rents and +transportation of things, $17,512,361,000, to remain available for +obligation until September 30, 2022. + + Missile Procurement, Air Force + + For construction, procurement, and modification of missiles, +rockets, and related equipment, including spare parts and accessories +therefor; ground handling equipment, and training devices; expansion of +public and private plants, Government-owned equipment and installation +thereof in such plants, erection of structures, and acquisition of +land, for the foregoing purposes, and such lands and interests therein, +may be acquired, and construction prosecuted thereon prior to approval +of title; reserve plant and Government and contractor-owned equipment +layaway; and other expenses necessary for the foregoing purposes +including rents and transportation of things, $2,575,890,000, to remain +available for obligation until September 30, 2022. + + Space Procurement, Air Force + + For construction, procurement, and modification of spacecraft, +rockets, and related equipment, including spare parts and accessories +therefor; ground handling equipment, and training devices; expansion of +public and private plants, Government-owned equipment and installation +thereof in such plants, erection of structures, and acquisition of +land, for the foregoing purposes, and such lands and interests therein, +may be acquired, and construction prosecuted thereon prior to approval +of title; reserve plant and Government and contractor-owned equipment +layaway; and other expenses necessary for the foregoing purposes +including rents and transportation of things, $2,353,383,000, to remain +available for obligation until September 30, 2022. + + Procurement of Ammunition, Air Force + + For construction, procurement, production, and modification of +ammunition, and accessories therefor; specialized equipment and +training devices; expansion of public and private plants, including +ammunition facilities, authorized by section 2854 of title 10, United +States Code, and the land necessary therefor, for the foregoing +purposes, and such lands and interests therein, may be acquired, and +construction prosecuted thereon prior to approval of title; and +procurement and installation of equipment, appliances, and machine +tools in public and private plants; reserve plant and Government and +contractor-owned equipment layaway; and other expenses necessary for +the foregoing purposes, $1,625,661,000, to remain available for +obligation until September 30, 2022. + + Other Procurement, Air Force + + For procurement and modification of equipment (including ground +guidance and electronic control equipment, and ground electronic and +communication equipment), and supplies, materials, and spare parts +therefor, not otherwise provided for; the purchase of passenger motor +vehicles for replacement only; lease of passenger motor vehicles; and +expansion of public and private plants, Government-owned equipment and +installation thereof in such plants, erection of structures, and +acquisition of land, for the foregoing purposes, and such lands and +interests therein, may be acquired, and construction prosecuted +thereon, prior to approval of title; reserve plant and Government and +contractor-owned equipment layaway, $21,410,021,000, to remain +available for obligation until September 30, 2022. + + Procurement, Defense-Wide + + For expenses of activities and agencies of the Department of +Defense (other than the military departments) necessary for +procurement, production, and modification of equipment, supplies, +materials, and spare parts therefor, not otherwise provided for; the +purchase of passenger motor vehicles for replacement only; expansion of +public and private plants, equipment, and installation thereof in such +plants, erection of structures, and acquisition of land for the +foregoing purposes, and such lands and interests therein, may be +acquired, and construction prosecuted thereon prior to approval of +title; reserve plant and Government and contractor-owned equipment +layaway, $5,332,147,000, to remain available for obligation until +September 30, 2022. + + Defense Production Act Purchases + + For activities by the Department of Defense pursuant to sections +108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. +4518, 4531, 4532, and 4533), $64,393,000, to remain available until +expended. + + TITLE IV + + RESEARCH, DEVELOPMENT, TEST AND EVALUATION + + Research, Development, Test and Evaluation, Army + + For expenses necessary for basic and applied scientific research, +development, test and evaluation, including maintenance, +rehabilitation, lease, and operation of facilities and equipment, +$12,543,435,000, to remain available for obligation until September 30, +2021. + + Research, Development, Test and Evaluation, Navy + + For expenses necessary for basic and applied scientific research, +development, test and evaluation, including maintenance, +rehabilitation, lease, and operation of facilities and equipment, +$20,155,115,000, to remain available for obligation until September 30, +2021: Provided, That funds appropriated in this paragraph which are +available for the V-22 may be used to meet unique operational +requirements of the Special Operations Forces. + + Research, Development, Test and Evaluation, Air Force + + For expenses necessary for basic and applied scientific research, +development, test and evaluation, including maintenance, +rehabilitation, lease, and operation of facilities and equipment, +$45,566,955,000, to remain available for obligation until September 30, +2021. + + Research, Development, Test and Evaluation, Defense-Wide + + For expenses of activities and agencies of the Department of +Defense (other than the military departments), necessary for basic and +applied scientific research, development, test and evaluation; advanced +research projects as may be designated and determined by the Secretary +of Defense, pursuant to law; maintenance, rehabilitation, lease, and +operation of facilities and equipment, $25,938,027,000, to remain +available for obligation until September 30, 2021. + + Operational Test and Evaluation, Defense + + For expenses, not otherwise provided for, necessary for the +independent activities of the Director, Operational Test and +Evaluation, in the direction and supervision of operational test and +evaluation, including initial operational test and evaluation which is +conducted prior to, and in support of, production decisions; joint +operational testing and evaluation; and administrative expenses in +connection therewith, $227,700,000, to remain available for obligation +until September 30, 2021. + + TITLE V + + REVOLVING AND MANAGEMENT FUNDS + + Defense Working Capital Funds + + For the Defense Working Capital Funds, $1,564,211,000. + + TITLE VI + + OTHER DEPARTMENT OF DEFENSE PROGRAMS + + Defense Health Program + + For expenses, not otherwise provided for, for medical and health +care programs of the Department of Defense as authorized by law, +$34,074,119,000; of which $31,321,665,000, shall be for operation and +maintenance, of which not to exceed one percent shall remain available +for obligation until September 30, 2021, and of which up to +$15,262,668,000 may be available for contracts entered into under the +TRICARE program; of which $446,359,000, to remain available for +obligation until September 30, 2022, shall be for procurement; and of +which $2,306,095,000, to remain available for obligation until +September 30, 2021, shall be for research, development, test and +evaluation: Provided, That, notwithstanding any other provision of +law, of the amount made available under this heading for research, +development, test and evaluation, not less than $8,000,000 shall be +available for HIV prevention educational activities undertaken in +connection with United States military training, exercises, and +humanitarian assistance activities conducted primarily in African +nations: Provided further, That of the funds provided under this +heading for research, development, test and evaluation, not less than +$1,383,500,000 shall be made available to the United States Army +Medical Research and Development Command to carry out the +congressionally directed medical research programs: Provided further, +That the Secretary of Defense shall submit to the Congressional defense +committees quarterly reports on the current status of the deployment of +the electronic health record: Provided further, That the Secretary of +Defense shall provide notice to the Congressional defense committees +not later than ten business days after delaying the proposed timeline +of such deployment if such delay is longer than one week: Provided +further, That the Comptroller General of the United States shall +perform quarterly performance reviews of such deployment. + + Chemical Agents and Munitions Destruction, Defense + + For expenses, not otherwise provided for, necessary for the +destruction of the United States stockpile of lethal chemical agents +and munitions in accordance with the provisions of section 1412 of the +Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for +the destruction of other chemical warfare materials that are not in the +chemical weapon stockpile, $985,499,000, of which $107,351,000 shall be +for operation and maintenance, of which no less than $52,452,000 shall +be for the Chemical Stockpile Emergency Preparedness Program, +consisting of $22,444,000 for activities on military installations and +$30,008,000, to remain available until September 30, 2021, to assist +State and local governments; $2,218,000 shall be for procurement, to +remain available until September 30, 2022, of which not less than +$2,218,000 shall be for the Chemical Stockpile Emergency Preparedness +Program to assist State and local governments; and $875,930,000, to +remain available until September 30, 2021, shall be for research, +development, test and evaluation, of which $869,430,000 shall only be +for the Assembled Chemical Weapons Alternatives program. + + Drug Interdiction and Counter-Drug Activities, Defense + + (including transfer of funds) + + For drug interdiction and counter-drug activities of the Department +of Defense, for transfer to appropriations available to the Department +of Defense for military personnel of the reserve components serving +under the provisions of title 10 and title 32, United States Code; for +operation and maintenance; for procurement; and for research, +development, test and evaluation, $893,059,000, of which $522,171,000 +shall be for counter-narcotics support; $124,922,000 shall be for the +drug demand reduction program; $220,595,000 shall be for the National +Guard counter-drug program; and $25,371,000 shall be for the National +Guard counter-drug schools program: Provided, That the funds +appropriated under this heading shall be available for obligation for +the same time period and for the same purpose as the appropriation to +which transferred: Provided further, That upon a determination that +all or part of the funds transferred from this appropriation are not +necessary for the purposes provided herein, such amounts may be +transferred back to this appropriation: Provided further, That the +transfer authority provided under this heading is in addition to any +other transfer authority contained elsewhere in this Act. + + Office of the Inspector General + + For expenses and activities of the Office of the Inspector General +in carrying out the provisions of the Inspector General Act of 1978, as +amended, $363,499,000, of which $360,201,000 shall be for operation and +maintenance, of which not to exceed $700,000 is available for +emergencies and extraordinary expenses to be expended on the approval +or authority of the Inspector General, and payments may be made on the +Inspector General's certificate of necessity for confidential military +purposes; of which $333,000, to remain available for obligation until +September 30, 2022, shall be for procurement; and of which $2,965,000, +to remain available until September 30, 2021, shall be for research, +development, test and evaluation. + + TITLE VII + + RELATED AGENCIES + + Central Intelligence Agency Retirement and Disability System Fund + + For payment to the Central Intelligence Agency Retirement and +Disability System Fund, to maintain the proper funding level for +continuing the operation of the Central Intelligence Agency Retirement +and Disability System, $514,000,000. + + Intelligence Community Management Account + + For necessary expenses of the Intelligence Community Management +Account, $556,000,000. + + TITLE VIII + + GENERAL PROVISIONS + + Sec. 8001. No part of any appropriation contained in this Act +shall be used for publicity or propaganda purposes not authorized by +the Congress. + Sec. 8002. During the current fiscal year, provisions of law +prohibiting the payment of compensation to, or employment of, any +person not a citizen of the United States shall not apply to personnel +of the Department of Defense: Provided, That salary increases granted +to direct and indirect hire foreign national employees of the +Department of Defense funded by this Act shall not be at a rate in +excess of the percentage increase authorized by law for civilian +employees of the Department of Defense whose pay is computed under the +provisions of section 5332 of title 5, United States Code, or at a rate +in excess of the percentage increase provided by the appropriate host +nation to its own employees, whichever is higher: Provided further, +That this section shall not apply to Department of Defense foreign +service national employees serving at United States diplomatic missions +whose pay is set by the Department of State under the Foreign Service +Act of 1980: Provided further, That the limitations of this provision +shall not apply to foreign national employees of the Department of +Defense in the Republic of Turkey. + Sec. 8003. No part of any appropriation contained in this Act +shall remain available for obligation beyond the current fiscal year, +unless expressly so provided herein. + Sec. 8004. No more than 20 percent of the appropriations in this +Act which are limited for obligation during the current fiscal year +shall be obligated during the last 2 months of the fiscal year: +Provided, That this section shall not apply to obligations for support +of active duty training of reserve components or summer camp training +of the Reserve Officers' Training Corps. + + (transfer of funds) + + Sec. 8005. Upon determination by the Secretary of Defense that +such action is necessary in the national interest, he may, with the +approval of the Office of Management and Budget, transfer not to exceed +$4,000,000,000 of working capital funds of the Department of Defense or +funds made available in this Act to the Department of Defense for +military functions (except military construction) between such +appropriations or funds or any subdivision thereof, to be merged with +and to be available for the same purposes, and for the same time +period, as the appropriation or fund to which transferred: Provided, +That such authority to transfer may not be used unless for higher +priority items, based on unforeseen military requirements, than those +for which originally appropriated and in no case where the item for +which funds are requested has been denied by the Congress: Provided +further, That the Secretary of Defense shall notify the Congress +promptly of all transfers made pursuant to this authority or any other +authority in this Act: Provided further, That no part of the funds in +this Act shall be available to prepare or present a request to the +Committees on Appropriations for reprogramming of funds, unless for +higher priority items, based on unforeseen military requirements, than +those for which originally appropriated and in no case where the item +for which reprogramming is requested has been denied by the Congress: +Provided further, That a request for multiple reprogrammings of funds +using authority provided in this section shall be made prior to June +30, 2020: Provided further, That transfers among military personnel +appropriations shall not be taken into account for purposes of the +limitation on the amount of funds that may be transferred under this +section. + Sec. 8006. (a) With regard to the list of specific programs, +projects, and activities (and the dollar amounts and adjustments to +budget activities corresponding to such programs, projects, and +activities) contained in the tables titled Explanation of Project Level +Adjustments in the explanatory statement regarding this Act, the +obligation and expenditure of amounts appropriated or otherwise made +available in this Act for those programs, projects, and activities for +which the amounts appropriated exceed the amounts requested are hereby +required by law to be carried out in the manner provided by such tables +to the same extent as if the tables were included in the text of this +Act. + (b) Amounts specified in the referenced tables described in +subsection (a) shall not be treated as subdivisions of appropriations +for purposes of section 8005 of this Act: Provided, That section 8005 +shall apply when transfers of the amounts described in subsection (a) +occur between appropriation accounts. + Sec. 8007. (a) Not later than 60 days after enactment of this Act, +the Department of Defense shall submit a report to the congressional +defense committees to establish the baseline for application of +reprogramming and transfer authorities for fiscal year 2020: Provided, +That the report shall include-- + (1) a table for each appropriation with a separate column to + display the President's budget request, adjustments made by + Congress, adjustments due to enacted rescissions, if appropriate, + and the fiscal year enacted level; + (2) a delineation in the table for each appropriation both by + budget activity and program, project, and activity as detailed in + the Budget Appendix; and + (3) an identification of items of special congressional + interest. + (b) Notwithstanding section 8005 of this Act, none of the funds +provided in this Act shall be available for reprogramming or transfer +until the report identified in subsection (a) is submitted to the +congressional defense committees, unless the Secretary of Defense +certifies in writing to the congressional defense committees that such +reprogramming or transfer is necessary as an emergency requirement: +Provided, That this subsection shall not apply to transfers from the +following appropriations accounts: + (1) ``Environmental Restoration, Army''; + (2) ``Environmental Restoration, Navy''; + (3) ``Environmental Restoration, Air Force''; + (4) ``Environmental Restoration, Defense-Wide''; + (5) ``Environmental Restoration, Formerly Used Defense Sites''; + and + (6) ``Drug Interdiction and Counter-drug Activities, Defense''. + + (transfer of funds) + + Sec. 8008. During the current fiscal year, cash balances in +working capital funds of the Department of Defense established pursuant +to section 2208 of title 10, United States Code, may be maintained in +only such amounts as are necessary at any time for cash disbursements +to be made from such funds: Provided, That transfers may be made +between such funds: Provided further, That transfers may be made +between working capital funds and the ``Foreign Currency Fluctuations, +Defense'' appropriation and the ``Operation and Maintenance'' +appropriation accounts in such amounts as may be determined by the +Secretary of Defense, with the approval of the Office of Management and +Budget, except that such transfers may not be made unless the Secretary +of Defense has notified the Congress of the proposed transfer: +Provided further, That except in amounts equal to the amounts +appropriated to working capital funds in this Act, no obligations may +be made against a working capital fund to procure or increase the value +of war reserve material inventory, unless the Secretary of Defense has +notified the Congress prior to any such obligation. + Sec. 8009. Funds appropriated by this Act may not be used to +initiate a special access program without prior notification 30 +calendar days in advance to the congressional defense committees. + Sec. 8010. None of the funds provided in this Act shall be +available to initiate: (1) a multiyear contract that employs economic +order quantity procurement in excess of $20,000,000 in any one year of +the contract or that includes an unfunded contingent liability in +excess of $20,000,000; or (2) a contract for advance procurement +leading to a multiyear contract that employs economic order quantity +procurement in excess of $20,000,000 in any one year, unless the +congressional defense committees have been notified at least 30 days in +advance of the proposed contract award: Provided, That no part of any +appropriation contained in this Act shall be available to initiate a +multiyear contract for which the economic order quantity advance +procurement is not funded at least to the limits of the Government's +liability: Provided further, That no part of any appropriation +contained in this Act shall be available to initiate multiyear +procurement contracts for any systems or component thereof if the value +of the multiyear contract would exceed $500,000,000 unless specifically +provided in this Act: Provided further, That no multiyear procurement +contract can be terminated without 30-day prior notification to the +congressional defense committees: Provided further, That the execution +of multiyear authority shall require the use of a present value +analysis to determine lowest cost compared to an annual procurement: +Provided further, That none of the funds provided in this Act may be +used for a multiyear contract executed after the date of the enactment +of this Act unless in the case of any such contract-- + (1) the Secretary of Defense has submitted to Congress a budget + request for full funding of units to be procured through the + contract and, in the case of a contract for procurement of + aircraft, that includes, for any aircraft unit to be procured + through the contract for which procurement funds are requested in + that budget request for production beyond advance procurement + activities in the fiscal year covered by the budget, full funding + of procurement of such unit in that fiscal year; + (2) cancellation provisions in the contract do not include + consideration of recurring manufacturing costs of the contractor + associated with the production of unfunded units to be delivered + under the contract; + (3) the contract provides that payments to the contractor under + the contract shall not be made in advance of incurred costs on + funded units; and + (4) the contract does not provide for a price adjustment based + on a failure to award a follow-on contract. + Sec. 8011. Within the funds appropriated for the operation and +maintenance of the Armed Forces, funds are hereby appropriated pursuant +to section 401 of title 10, United States Code, for humanitarian and +civic assistance costs under chapter 20 of title 10, United States +Code. Such funds may also be obligated for humanitarian and civic +assistance costs incidental to authorized operations and pursuant to +authority granted in section 401 of chapter 20 of title 10, United +States Code, and these obligations shall be reported as required by +section 401(d) of title 10, United States Code: Provided, That funds +available for operation and maintenance shall be available for +providing humanitarian and similar assistance by using Civic Action +Teams in the Trust Territories of the Pacific Islands and freely +associated states of Micronesia, pursuant to the Compact of Free +Association as authorized by Public Law 99-239: Provided further, That +upon a determination by the Secretary of the Army that such action is +beneficial for graduate medical education programs conducted at Army +medical facilities located in Hawaii, the Secretary of the Army may +authorize the provision of medical services at such facilities and +transportation to such facilities, on a nonreimbursable basis, for +civilian patients from American Samoa, the Commonwealth of the Northern +Mariana Islands, the Marshall Islands, the Federated States of +Micronesia, Palau, and Guam. + Sec. 8012. (a) During the current fiscal year, the civilian +personnel of the Department of Defense may not be managed on the basis +of any end-strength, and the management of such personnel during that +fiscal year shall not be subject to any constraint or limitation (known +as an end-strength) on the number of such personnel who may be employed +on the last day of such fiscal year. + (b) The fiscal year 2021 budget request for the Department of +Defense as well as all justification material and other documentation +supporting the fiscal year 2021 Department of Defense budget request +shall be prepared and submitted to the Congress as if subsections (a) +and (b) of this provision were effective with regard to fiscal year +2021. + (c) As required by section 1107 of the National Defense +Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. +2358 note) civilian personnel at the Department of Army Science and +Technology Reinvention Laboratories may not be managed on the basis of +the Table of Distribution and Allowances, and the management of the +workforce strength shall be done in a manner consistent with the budget +available with respect to such Laboratories. + (d) Nothing in this section shall be construed to apply to military +(civilian) technicians. + Sec. 8013. None of the funds made available by this Act shall be +used in any way, directly or indirectly, to influence congressional +action on any legislation or appropriation matters pending before the +Congress. + Sec. 8014. None of the funds appropriated by this Act shall be +available for the basic pay and allowances of any member of the Army +participating as a full-time student and receiving benefits paid by the +Secretary of Veterans Affairs from the Department of Defense Education +Benefits Fund when time spent as a full-time student is credited toward +completion of a service commitment: Provided, That this section shall +not apply to those members who have reenlisted with this option prior +to October 1, 1987: Provided further, That this section applies only +to active components of the Army. + + (transfer of funds) + + Sec. 8015. Funds appropriated in title III of this Act for the +Department of Defense Pilot Mentor-Protege Program may be transferred +to any other appropriation contained in this Act solely for the purpose +of implementing a Mentor-Protege Program developmental assistance +agreement pursuant to section 831 of the National Defense Authorization +Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as +amended, under the authority of this provision or any other transfer +authority contained in this Act. + Sec. 8016. None of the funds in this Act may be available for the +purchase by the Department of Defense (and its departments and +agencies) of welded shipboard anchor and mooring chain 4 inches in +diameter and under unless the anchor and mooring chain are manufactured +in the United States from components which are substantially +manufactured in the United States: Provided, That for the purpose of +this section, the term ``manufactured'' shall include cutting, heat +treating, quality control, testing of chain and welding (including the +forging and shot blasting process): Provided further, That for the +purpose of this section substantially all of the components of anchor +and mooring chain shall be considered to be produced or manufactured in +the United States if the aggregate cost of the components produced or +manufactured in the United States exceeds the aggregate cost of the +components produced or manufactured outside the United States: +Provided further, That when adequate domestic supplies are not +available to meet Department of Defense requirements on a timely basis, +the Secretary of the Service responsible for the procurement may waive +this restriction on a case-by-case basis by certifying in writing to +the Committees on Appropriations that such an acquisition must be made +in order to acquire capability for national security purposes. + Sec. 8017. None of the funds available in this Act to the +Department of Defense, other than appropriations made for necessary or +routine refurbishments, upgrades or maintenance activities, shall be +used to reduce or to prepare to reduce the number of deployed and non- +deployed strategic delivery vehicles and launchers below the levels set +forth in the report submitted to Congress in accordance with section +1042 of the National Defense Authorization Act for Fiscal Year 2012. + Sec. 8018. None of the funds appropriated by this Act shall be +used for the support of any nonappropriated funds activity of the +Department of Defense that procures malt beverages and wine with +nonappropriated funds for resale (including such alcoholic beverages +sold by the drink) on a military installation located in the United +States unless such malt beverages and wine are procured within that +State, or in the case of the District of Columbia, within the District +of Columbia, in which the military installation is located: Provided, +That, in a case in which the military installation is located in more +than one State, purchases may be made in any State in which the +installation is located: Provided further, That such local procurement +requirements for malt beverages and wine shall apply to all alcoholic +beverages only for military installations in States which are not +contiguous with another State: Provided further, That alcoholic +beverages other than wine and malt beverages, in contiguous States and +the District of Columbia shall be procured from the most competitive +source, price and other factors considered. + Sec. 8019. None of the funds available to the Department of +Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 +Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or +M-1911 pistols, or to demilitarize or destroy small arms ammunition or +ammunition components that are not otherwise prohibited from commercial +sale under Federal law, unless the small arms ammunition or ammunition +components are certified by the Secretary of the Army or designee as +unserviceable or unsafe for further use. + Sec. 8020. No more than $500,000 of the funds appropriated or made +available in this Act shall be used during a single fiscal year for any +single relocation of an organization, unit, activity or function of the +Department of Defense into or within the National Capital Region: +Provided, That the Secretary of Defense may waive this restriction on a +case-by-case basis by certifying in writing to the congressional +defense committees that such a relocation is required in the best +interest of the Government. + Sec. 8021. Of the funds made available in this Act, $25,000,000 +shall be available for incentive payments authorized by section 504 of +the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided, That a +prime contractor or a subcontractor at any tier that makes a +subcontract award to any subcontractor or supplier as defined in +section 1544 of title 25, United States Code, or a small business owned +and controlled by an individual or individuals defined under section +4221(9) of title 25, United States Code, shall be considered a +contractor for the purposes of being allowed additional compensation +under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) +whenever the prime contract or subcontract amount is over $500,000 and +involves the expenditure of funds appropriated by an Act making +appropriations for the Department of Defense with respect to any fiscal +year: Provided further, That notwithstanding section 1906 of title 41, +United States Code, this section shall be applicable to any Department +of Defense acquisition of supplies or services, including any contract +and any subcontract at any tier for acquisition of commercial items +produced or manufactured, in whole or in part, by any subcontractor or +supplier defined in section 1544 of title 25, United States Code, or a +small business owned and controlled by an individual or individuals +defined under section 4221(9) of title 25, United States Code. + Sec. 8022. Funds appropriated by this Act for the Defense Media +Activity shall not be used for any national or international political +or psychological activities. + Sec. 8023. During the current fiscal year, the Department of +Defense is authorized to incur obligations of not to exceed +$350,000,000 for purposes specified in section 2350j(c) of title 10, +United States Code, in anticipation of receipt of contributions, only +from the Government of Kuwait, under that section: Provided, That, +upon receipt, such contributions from the Government of Kuwait shall be +credited to the appropriations or fund which incurred such obligations. + Sec. 8024. (a) Of the funds made available in this Act, not less +than $51,800,000 shall be available for the Civil Air Patrol +Corporation, of which-- + (1) $39,100,000 shall be available from ``Operation and + Maintenance, Air Force'' to support Civil Air Patrol Corporation + operation and maintenance, readiness, counter-drug activities, and + drug demand reduction activities involving youth programs; + (2) $11,000,000 shall be available from ``Aircraft Procurement, + Air Force''; and + (3) $1,700,000 shall be available from ``Other Procurement, Air + Force'' for vehicle procurement. + (b) The Secretary of the Air Force should waive reimbursement for +any funds used by the Civil Air Patrol for counter-drug activities in +support of Federal, State, and local government agencies. + Sec. 8025. (a) None of the funds appropriated in this Act are +available to establish a new Department of Defense (department) +federally funded research and development center (FFRDC), either as a +new entity, or as a separate entity administrated by an organization +managing another FFRDC, or as a nonprofit membership corporation +consisting of a consortium of other FFRDCs and other nonprofit +entities. + (b) No member of a Board of Directors, Trustees, Overseers, +Advisory Group, Special Issues Panel, Visiting Committee, or any +similar entity of a defense FFRDC, and no paid consultant to any +defense FFRDC, except when acting in a technical advisory capacity, may +be compensated for his or her services as a member of such entity, or +as a paid consultant by more than one FFRDC in a fiscal year: +Provided, That a member of any such entity referred to previously in +this subsection shall be allowed travel expenses and per diem as +authorized under the Federal Joint Travel Regulations, when engaged in +the performance of membership duties. + (c) Notwithstanding any other provision of law, none of the funds +available to the department from any source during the current fiscal +year may be used by a defense FFRDC, through a fee or other payment +mechanism, for construction of new buildings not located on a military +installation, for payment of cost sharing for projects funded by +Government grants, for absorption of contract overruns, or for certain +charitable contributions, not to include employee participation in +community service and/or development. + (d) Notwithstanding any other provision of law, of the funds +available to the department during fiscal year 2020, not more than +6,053 staff years of technical effort (staff years) may be funded for +defense FFRDCs: Provided, That, of the specific amount referred to +previously in this subsection, not more than 1,148 staff years may be +funded for the defense studies and analysis FFRDCs: Provided further, +That this subsection shall not apply to staff years funded in the +National Intelligence Program and the Military Intelligence Program. + (e) The Secretary of Defense shall, with the submission of the +department's fiscal year 2021 budget request, submit a report +presenting the specific amounts of staff years of technical effort to +be allocated for each defense FFRDC during that fiscal year and the +associated budget estimates. + Sec. 8026. None of the funds appropriated or made available in +this Act shall be used to procure carbon, alloy, or armor steel plate +for use in any Government-owned facility or property under the control +of the Department of Defense which were not melted and rolled in the +United States or Canada: Provided, That these procurement restrictions +shall apply to any and all Federal Supply Class 9515, American Society +of Testing and Materials (ASTM) or American Iron and Steel Institute +(AISI) specifications of carbon, alloy or armor steel plate: Provided +further, That the Secretary of the military department responsible for +the procurement may waive this restriction on a case-by-case basis by +certifying in writing to the Committees on Appropriations of the House +of Representatives and the Senate that adequate domestic supplies are +not available to meet Department of Defense requirements on a timely +basis and that such an acquisition must be made in order to acquire +capability for national security purposes: Provided further, That +these restrictions shall not apply to contracts which are in being as +of the date of the enactment of this Act. + Sec. 8027. For the purposes of this Act, the term ``congressional +defense committees'' means the Armed Services Committee of the House of +Representatives, the Armed Services Committee of the Senate, the +Subcommittee on Defense of the Committee on Appropriations of the +Senate, and the Subcommittee on Defense of the Committee on +Appropriations of the House of Representatives. + Sec. 8028. During the current fiscal year, the Department of +Defense may acquire the modification, depot maintenance and repair of +aircraft, vehicles and vessels as well as the production of components +and other Defense-related articles, through competition between +Department of Defense depot maintenance activities and private firms: +Provided, That the Senior Acquisition Executive of the military +department or Defense Agency concerned, with power of delegation, shall +certify that successful bids include comparable estimates of all direct +and indirect costs for both public and private bids: Provided further, +That Office of Management and Budget Circular A-76 shall not apply to +competitions conducted under this section. + Sec. 8029. (a)(1) If the Secretary of Defense, after consultation +with the United States Trade Representative, determines that a foreign +country which is party to an agreement described in paragraph (2) has +violated the terms of the agreement by discriminating against certain +types of products produced in the United States that are covered by the +agreement, the Secretary of Defense shall rescind the Secretary's +blanket waiver of the Buy American Act with respect to such types of +products produced in that foreign country. + (2) An agreement referred to in paragraph (1) is any reciprocal +defense procurement memorandum of understanding, between the United +States and a foreign country pursuant to which the Secretary of Defense +has prospectively waived the Buy American Act for certain products in +that country. + (b) The Secretary of Defense shall submit to the Congress a report +on the amount of Department of Defense purchases from foreign entities +in fiscal year 2020. Such report shall separately indicate the dollar +value of items for which the Buy American Act was waived pursuant to +any agreement described in subsection (a)(2), the Trade Agreement Act +of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to +which the United States is a party. + (c) For purposes of this section, the term ``Buy American Act'' +means chapter 83 of title 41, United States Code. + Sec. 8030. During the current fiscal year, amounts contained in +the Department of Defense Overseas Military Facility Investment +Recovery Account established by section 2921(c)(1) of the National +Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 +note) shall be available until expended for the payments specified by +section 2921(c)(2) of that Act. + Sec. 8031. (a) Notwithstanding any other provision of law, the +Secretary of the Air Force may convey at no cost to the Air Force, +without consideration, to Indian tribes located in the States of +Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, +and Washington relocatable military housing units located at Grand +Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force +Base, Ellsworth Air Force Base, and Minot Air Force Base that are +excess to the needs of the Air Force. + (b) The Secretary of the Air Force shall convey, at no cost to the +Air Force, military housing units under subsection (a) in accordance +with the request for such units that are submitted to the Secretary by +the Operation Walking Shield Program on behalf of Indian tribes located +in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, +Oregon, Minnesota, and Washington. Any such conveyance shall be subject +to the condition that the housing units shall be removed within a +reasonable period of time, as determined by the Secretary. + (c) The Operation Walking Shield Program shall resolve any +conflicts among requests of Indian tribes for housing units under +subsection (a) before submitting requests to the Secretary of the Air +Force under subsection (b). + (d) In this section, the term ``Indian tribe'' means any recognized +Indian tribe included on the current list published by the Secretary of +the Interior under section 104 of the Federally Recognized Indian Tribe +Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131). + Sec. 8032. During the current fiscal year, appropriations which +are available to the Department of Defense for operation and +maintenance may be used to purchase items having an investment item +unit cost of not more than $250,000. + Sec. 8033. None of the funds made available by this Act may be +used to-- + (1) disestablish, or prepare to disestablish, a Senior Reserve + Officers' Training Corps program in accordance with Department of + Defense Instruction Number 1215.08, dated June 26, 2006; or + (2) close, downgrade from host to extension center, or place on + probation a Senior Reserve Officers' Training Corps program in + accordance with the information paper of the Department of the Army + titled ``Army Senior Reserve Officer's Training Corps (SROTC) + Program Review and Criteria'', dated January 27, 2014. + Sec. 8034. Amounts appropriated for ``Procurement, Defense-Wide'' +in this Act may be used for the purchase of up to 24 new passenger +carrying motor vehicles at a cost of not more than $47,000 per vehicle +for use by the Defense POW/MIA Accounting Agency in carrying out the +responsibilities specified in section 1501 of title 10, United States +Code, in the United States Indo-Pacific Command, notwithstanding price +or other limitations applicable to the purchase of passenger carrying +vehicles. + Sec. 8035. Up to $14,000,000 of the funds appropriated under the +heading ``Operation and Maintenance, Navy'' may be made available for +the Asia Pacific Regional Initiative Program for the purpose of +enabling the Pacific Command to execute Theater Security Cooperation +activities such as humanitarian assistance, and payment of incremental +and personnel costs of training and exercising with foreign security +forces: Provided, That funds made available for this purpose may be +used, notwithstanding any other funding authorities for humanitarian +assistance, security assistance or combined exercise expenses: +Provided further, That funds may not be obligated to provide assistance +to any foreign country that is otherwise prohibited from receiving such +type of assistance under any other provision of law. + Sec. 8036. The Secretary of Defense shall issue regulations to +prohibit the sale of any tobacco or tobacco-related products in +military resale outlets in the United States, its territories and +possessions at a price below the most competitive price in the local +community: Provided, That such regulations shall direct that the +prices of tobacco or tobacco-related products in overseas military +retail outlets shall be within the range of prices established for +military retail system stores located in the United States. + Sec. 8037. (a) During the current fiscal year, none of the +appropriations or funds available to the Department of Defense Working +Capital Funds shall be used for the purchase of an investment item for +the purpose of acquiring a new inventory item for sale or anticipated +sale during the current fiscal year or a subsequent fiscal year to +customers of the Department of Defense Working Capital Funds if such an +item would not have been chargeable to the Department of Defense +Business Operations Fund during fiscal year 1994 and if the purchase of +such an investment item would be chargeable during the current fiscal +year to appropriations made to the Department of Defense for +procurement. + (b) The fiscal year 2021 budget request for the Department of +Defense as well as all justification material and other documentation +supporting the fiscal year 2021 Department of Defense budget shall be +prepared and submitted to the Congress on the basis that any equipment +which was classified as an end item and funded in a procurement +appropriation contained in this Act shall be budgeted for in a proposed +fiscal year 2021 procurement appropriation and not in the supply +management business area or any other area or category of the +Department of Defense Working Capital Funds. + Sec. 8038. None of the funds appropriated by this Act for programs +of the Central Intelligence Agency shall remain available for +obligation beyond the current fiscal year, except for funds +appropriated for the Reserve for Contingencies, which shall remain +available until September 30, 2021: Provided, That funds appropriated, +transferred, or otherwise credited to the Central Intelligence Agency +Central Services Working Capital Fund during this or any prior or +subsequent fiscal year shall remain available until expended: Provided +further, That any funds appropriated or transferred to the Central +Intelligence Agency for advanced research and development acquisition, +for agent operations, and for covert action programs authorized by the +President under section 503 of the National Security Act of 1947 (50 +U.S.C. 3093) shall remain available until September 30, 2021. + Sec. 8039. Of the funds appropriated to the Department of Defense +under the heading ``Operation and Maintenance, Defense-Wide'', not less +than $12,000,000 shall be made available only for the mitigation of +environmental impacts, including training and technical assistance to +tribes, related administrative support, the gathering of information, +documenting of environmental damage, and developing a system for +prioritization of mitigation and cost to complete estimates for +mitigation, on Indian lands resulting from Department of Defense +activities. + Sec. 8040. (a) None of the funds appropriated in this Act may be +expended by an entity of the Department of Defense unless the entity, +in expending the funds, complies with the Buy American Act. For +purposes of this subsection, the term ``Buy American Act'' means +chapter 83 of title 41, United States Code. + (b) If the Secretary of Defense determines that a person has been +convicted of intentionally affixing a label bearing a ``Made in +America'' inscription to any product sold in or shipped to the United +States that is not made in America, the Secretary shall determine, in +accordance with section 2410f of title 10, United States Code, whether +the person should be debarred from contracting with the Department of +Defense. + (c) In the case of any equipment or products purchased with +appropriations provided under this Act, it is the sense of the Congress +that any entity of the Department of Defense, in expending the +appropriation, purchase only American-made equipment and products, +provided that American-made equipment and products are cost- +competitive, quality competitive, and available in a timely fashion. + Sec. 8041. (a) Except as provided in subsections (b) and (c), none +of the funds made available by this Act may be used-- + (1) to establish a field operating agency; or + (2) to pay the basic pay of a member of the Armed Forces or + civilian employee of the department who is transferred or + reassigned from a headquarters activity if the member or employee's + place of duty remains at the location of that headquarters. + (b) The Secretary of Defense or Secretary of a military department +may waive the limitations in subsection (a), on a case-by-case basis, +if the Secretary determines, and certifies to the Committees on +Appropriations of the House of Representatives and the Senate that the +granting of the waiver will reduce the personnel requirements or the +financial requirements of the department. + (c) This section does not apply to-- + (1) field operating agencies funded within the National + Intelligence Program; + (2) an Army field operating agency established to eliminate, + mitigate, or counter the effects of improvised explosive devices, + and, as determined by the Secretary of the Army, other similar + threats; + (3) an Army field operating agency established to improve the + effectiveness and efficiencies of biometric activities and to + integrate common biometric technologies throughout the Department + of Defense; or + (4) an Air Force field operating agency established to + administer the Air Force Mortuary Affairs Program and Mortuary + Operations for the Department of Defense and authorized Federal + entities. + Sec. 8042. (a) None of the funds appropriated by this Act shall be +available to convert to contractor performance an activity or function +of the Department of Defense that, on or after the date of the +enactment of this Act, is performed by Department of Defense civilian +employees unless-- + (1) the conversion is based on the result of a public-private + competition that includes a most efficient and cost effective + organization plan developed by such activity or function; + (2) the Competitive Sourcing Official determines that, over all + performance periods stated in the solicitation of offers for + performance of the activity or function, the cost of performance of + the activity or function by a contractor would be less costly to + the Department of Defense by an amount that equals or exceeds the + lesser of-- + (A) 10 percent of the most efficient organization's + personnel-related costs for performance of that activity or + function by Federal employees; or + (B) $10,000,000; and + (3) the contractor does not receive an advantage for a proposal + that would reduce costs for the Department of Defense by-- + (A) not making an employer-sponsored health insurance plan + available to the workers who are to be employed in the + performance of that activity or function under the contract; or + (B) offering to such workers an employer-sponsored health + benefits plan that requires the employer to contribute less + towards the premium or subscription share than the amount that + is paid by the Department of Defense for health benefits for + civilian employees under chapter 89 of title 5, United States + Code. + (b)(1) The Department of Defense, without regard to subsection (a) +of this section or subsection (a), (b), or (c) of section 2461 of title +10, United States Code, and notwithstanding any administrative +regulation, requirement, or policy to the contrary shall have full +authority to enter into a contract for the performance of any +commercial or industrial type function of the Department of Defense +that-- + (A) is included on the procurement list established pursuant to + section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41, + United States Code); + (B) is planned to be converted to performance by a qualified + nonprofit agency for the blind or by a qualified nonprofit agency + for other severely handicapped individuals in accordance with that + Act; or + (C) is planned to be converted to performance by a qualified + firm under at least 51 percent ownership by an Indian tribe, as + defined in section 4(e) of the Indian Self-Determination and + Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian + Organization, as defined in section 8(a)(15) of the Small Business + Act (15 U.S.C. 637(a)(15)). + (2) This section shall not apply to depot contracts or contracts +for depot maintenance as provided in sections 2469 and 2474 of title +10, United States Code. + (c) The conversion of any activity or function of the Department of +Defense under the authority provided by this section shall be credited +toward any competitive or outsourcing goal, target, or measurement that +may be established by statute, regulation, or policy and is deemed to +be awarded under the authority of, and in compliance with, subsection +(h) of section 2304 of title 10, United States Code, for the +competition or outsourcing of commercial activities. + + (rescissions) + + Sec. 8043. Of the funds appropriated in Department of Defense +Appropriations Acts, the following funds are hereby rescinded from the +following accounts and programs in the specified amounts: Provided, +That no amounts may be rescinded from amounts that were designated by +the Congress for Overseas Contingency Operations/Global War on +Terrorism or as an emergency requirement pursuant to the Concurrent +Resolution on the Budget or the Balanced Budget and Emergency Deficit +Control Act of 1985, as amended: + ``Shipbuilding and Conversion, Navy: DDG-51 Destroyer'', 2012/ + 2020, $44,500,000; + ``Shipbuilding and Conversion, Navy: LCAC SLEP'', 2013/2022, + $2,000,000; + ``Aircraft Procurement, Army'', 2018/2020, $44,000,000; + ``Missile Procurement, Army'', 2018/2020, $5,182,000; + ``Weapons and Tracked Combat Vehicles, Army'', 2018/2020, + $97,000,000; + ``Other Procurement, Army'', 2018/2020, $5,685,000; + ``Aircraft Procurement, Navy'', 2018/2020, $114,781,000; + ``Other Procurement, Navy'', 2018/2020, $23,526,000; + ``Procurement, Marine Corps'', 2018/2020, $9,046,000; + ``Aircraft Procurement, Air Force'', 2018/2020, $160,975,000; + ``Missile Procurement, Air Force'', 2018/2020, $75,973,000; + ``Other Procurement, Air Force'', 2018/2020, $26,000,000; + ``Operation and Maintenance, Defense-Wide: Defense Security + Cooperation Agency'', 2019/2020, $21,314,000; + ``Aircraft Procurement, Army'', 2019/2021, $58,600,000; + ``Missile Procurement, Army'', 2019/2021, $67,798,000; + ``Weapons and Tracked Combat Vehicles, Army'', 2019/2021, + $215,946,000; + ``Other Procurement, Army'', 2019/2021, $107,483,000; + ``Aircraft Procurement, Navy'', 2019/2021, $307,100,000; + ``Procurement of Ammunition, Navy and Marine Corps'', 2019/ + 2021, $22,000,000; + ``Shipbuilding and Conversion, Navy: DDG-51 Destroyer Advance + Procurement'', 2019/2023, $51,000,000; + ``Shipbuilding and Conversion, Navy: LPD-17 Advance + Procurement'', 2019/2023, $102,900,000; + ``Other Procurement, Navy'', 2019/2021, $24,770,000; + ``Procurement, Marine Corps'', 2019/2021, $74,756,000; + ``Aircraft Procurement, Air Force'', 2019/2021, $713,455,000; + ``Missile Procurement, Air Force'', 2019/2021, $39,979,000; + ``Space Procurement, Air Force'', 2019/2021, $164,300,000; + ``Procurement of Ammunition, Air Force'', 2019/2021, + $236,100,000; + ``Procurement, Defense-Wide'', 2019/2021, $337,000,000; + ``Research, Development, Test and Evaluation, Army'', 2019/ + 2020, $150,276,000; + ``Research, Development, Test and Evaluation, Navy'', 2019/ + 2020, $230,957,000; + ``Research, Development, Test and Evaluation, Air Force'', + 2019/2020, $263,050,000; + ``Research, Development, Test and Evaluation, Defense-Wide'', + 2019/2020, $267,000,000; and + ``Defense Health Program: Research, Development, Test and + Evaluation'', 2019/2020, $26,200,000. + Sec. 8044. None of the funds available in this Act may be used to +reduce the authorized positions for military technicians (dual status) +of the Army National Guard, Air National Guard, Army Reserve and Air +Force Reserve for the purpose of applying any administratively imposed +civilian personnel ceiling, freeze, or reduction on military +technicians (dual status), unless such reductions are a direct result +of a reduction in military force structure. + Sec. 8045. None of the funds appropriated or otherwise made +available in this Act may be obligated or expended for assistance to +the Democratic People's Republic of Korea unless specifically +appropriated for that purpose: Provided, That this restriction shall +not apply to any activities incidental to the Defense POW/MIA +Accounting Agency mission to recover and identify the remains of United +States Armed Forces personnel from the Democratic People's Republic of +Korea. + Sec. 8046. Funds appropriated in this Act for operation and +maintenance of the Military Departments, Combatant Commands and Defense +Agencies shall be available for reimbursement of pay, allowances and +other expenses which would otherwise be incurred against appropriations +for the National Guard and Reserve when members of the National Guard +and Reserve provide intelligence or counterintelligence support to +Combatant Commands, Defense Agencies and Joint Intelligence Activities, +including the activities and programs included within the National +Intelligence Program and the Military Intelligence Program: Provided, +That nothing in this section authorizes deviation from established +Reserve and National Guard personnel and training procedures. + Sec. 8047. (a) None of the funds available to the Department of +Defense for any fiscal year for drug interdiction or counter-drug +activities may be transferred to any other department or agency of the +United States except as specifically provided in an appropriations law. + (b) None of the funds available to the Central Intelligence Agency +for any fiscal year for drug interdiction or counter-drug activities +may be transferred to any other department or agency of the United +States except as specifically provided in an appropriations law. + Sec. 8048. None of the funds appropriated by this Act may be used +for the procurement of ball and roller bearings other than those +produced by a domestic source and of domestic origin: Provided, That +the Secretary of the military department responsible for such +procurement may waive this restriction on a case-by-case basis by +certifying in writing to the Committees on Appropriations of the House +of Representatives and the Senate, that adequate domestic supplies are +not available to meet Department of Defense requirements on a timely +basis and that such an acquisition must be made in order to acquire +capability for national security purposes: Provided further, That this +restriction shall not apply to the purchase of ``commercial items'', as +defined by section 103 of title 41, United States Code, except that the +restriction shall apply to ball or roller bearings purchased as end +items. + Sec. 8049. Of the amounts appropriated for ``Working Capital Fund, +Army'', $129,000,000 shall be available to maintain competitive rates +at the arsenals. + Sec. 8050. In addition to the amounts appropriated or otherwise +made available elsewhere in this Act, $44,000,000 is hereby +appropriated to the Department of Defense: Provided, That upon the +determination of the Secretary of Defense that it shall serve the +national interest, the Secretary shall make grants in the amounts +specified as follows: $20,000,000 to the United Service Organizations +and $24,000,000 to the Red Cross. + Sec. 8051. None of the funds in this Act may be used to purchase +any supercomputer which is not manufactured in the United States, +unless the Secretary of Defense certifies to the congressional defense +committees that such an acquisition must be made in order to acquire +capability for national security purposes that is not available from +United States manufacturers. + Sec. 8052. Notwithstanding any other provision in this Act, the +Small Business Innovation Research program and the Small Business +Technology Transfer program set-asides shall be taken proportionally +from all programs, projects, or activities to the extent they +contribute to the extramural budget. + Sec. 8053. None of the funds available to the Department of +Defense under this Act shall be obligated or expended to pay a +contractor under a contract with the Department of Defense for costs of +any amount paid by the contractor to an employee when-- + (1) such costs are for a bonus or otherwise in excess of the + normal salary paid by the contractor to the employee; and + (2) such bonus is part of restructuring costs associated with a + business combination. + + (including transfer of funds) + + Sec. 8054. During the current fiscal year, no more than +$30,000,000 of appropriations made in this Act under the heading +``Operation and Maintenance, Defense-Wide'' may be transferred to +appropriations available for the pay of military personnel, to be +merged with, and to be available for the same time period as the +appropriations to which transferred, to be used in support of such +personnel in connection with support and services for eligible +organizations and activities outside the Department of Defense pursuant +to section 2012 of title 10, United States Code. + Sec. 8055. During the current fiscal year, in the case of an +appropriation account of the Department of Defense for which the period +of availability for obligation has expired or which has closed under +the provisions of section 1552 of title 31, United States Code, and +which has a negative unliquidated or unexpended balance, an obligation +or an adjustment of an obligation may be charged to any current +appropriation account for the same purpose as the expired or closed +account if-- + (1) the obligation would have been properly chargeable (except + as to amount) to the expired or closed account before the end of + the period of availability or closing of that account; + (2) the obligation is not otherwise properly chargeable to any + current appropriation account of the Department of Defense; and + (3) in the case of an expired account, the obligation is not + chargeable to a current appropriation of the Department of Defense + under the provisions of section 1405(b)(8) of the National Defense + Authorization Act for Fiscal Year 1991, Public Law 101-510, as + amended (31 U.S.C. 1551 note): Provided, That in the case of an + expired account, if subsequent review or investigation discloses + that there was not in fact a negative unliquidated or unexpended + balance in the account, any charge to a current account under the + authority of this section shall be reversed and recorded against + the expired account: Provided further, That the total amount + charged to a current appropriation under this section may not + exceed an amount equal to 1 percent of the total appropriation for + that account: + Provided, That the Under Secretary of Defense (Comptroller) shall +include with the budget of the President for fiscal year 2021 (as +submitted to Congress pursuant to section 1105 of title 31, United +States Code) a statement describing each instance if any, during each +of the fiscal years 2015 through 2020 in which the authority in this +section was exercised. + Sec. 8056. (a) Notwithstanding any other provision of law, the +Chief of the National Guard Bureau may permit the use of equipment of +the National Guard Distance Learning Project by any person or entity on +a space-available, reimbursable basis. The Chief of the National Guard +Bureau shall establish the amount of reimbursement for such use on a +case-by-case basis. + (b) Amounts collected under subsection (a) shall be credited to +funds available for the National Guard Distance Learning Project and be +available to defray the costs associated with the use of equipment of +the project under that subsection. Such funds shall be available for +such purposes without fiscal year limitation. + + (including transfer of funds) + + Sec. 8057. Of the funds appropriated in this Act under the heading +``Operation and Maintenance, Defense-Wide'', $35,000,000 shall be for +continued implementation and expansion of the Sexual Assault Special +Victims' Counsel Program: Provided, That the funds are made available +for transfer to the Department of the Army, the Department of the Navy, +and the Department of the Air Force: Provided further, That funds +transferred shall be merged with and available for the same purposes +and for the same time period as the appropriations to which the funds +are transferred: Provided further, That this transfer authority is in +addition to any other transfer authority provided in this Act. + Sec. 8058. None of the funds appropriated in title IV of this Act +may be used to procure end-items for delivery to military forces for +operational training, operational use or inventory requirements: +Provided, That this restriction does not apply to end-items used in +development, prototyping, and test activities preceding and leading to +acceptance for operational use: Provided further, That the Secretary +of Defense shall, at the time of the submittal to Congress of the +budget of the President for fiscal year 2021 pursuant to section 1105 +of title 31, United States Code, submit to the congressional defense +committees a report detailing the use of funds requested in research, +development, test and evaluation accounts for end-items used in +development, prototyping and test activities preceding and leading to +acceptance for operational use: Provided further, That the report +shall set forth, for each end-item covered by the preceding proviso, a +detailed list of the statutory authorities under which amounts in the +accounts described in that proviso were used for such item: Provided +further, That this restriction does not apply to programs funded within +the National Intelligence Program: Provided further, That the +Secretary of Defense may waive this restriction on a case-by-case basis +by certifying in writing to the Committees on Appropriations of the +House of Representatives and the Senate that it is in the national +security interest to do so. + Sec. 8059. (a) The Secretary of Defense may, on a case-by-case +basis, waive with respect to a foreign country each limitation on the +procurement of defense items from foreign sources provided in law if +the Secretary determines that the application of the limitation with +respect to that country would invalidate cooperative programs entered +into between the Department of Defense and the foreign country, or +would invalidate reciprocal trade agreements for the procurement of +defense items entered into under section 2531 of title 10, United +States Code, and the country does not discriminate against the same or +similar defense items produced in the United States for that country. + (b) Subsection (a) applies with respect to-- + (1) contracts and subcontracts entered into on or after the + date of the enactment of this Act; and + (2) options for the procurement of items that are exercised + after such date under contracts that are entered into before such + date if the option prices are adjusted for any reason other than + the application of a waiver granted under subsection (a). + (c) Subsection (a) does not apply to a limitation regarding +construction of public vessels, ball and roller bearings, food, and +clothing or textile materials as defined by section XI (chapters 50-65) +of the Harmonized Tariff Schedule of the United States and products +classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, +7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through +7508, 8105, 8108, 8109, 8211, 8215, and 9404. + Sec. 8060. None of the funds appropriated or otherwise made +available by this or other Department of Defense Appropriations Acts +may be obligated or expended for the purpose of performing repairs or +maintenance to military family housing units of the Department of +Defense, including areas in such military family housing units that may +be used for the purpose of conducting official Department of Defense +business. + Sec. 8061. Notwithstanding any other provision of law, funds +appropriated in this Act under the heading ``Research, Development, +Test and Evaluation, Defense-Wide'' for any new start advanced concept +technology demonstration project or joint capability demonstration +project may only be obligated 45 days after a report, including a +description of the project, the planned acquisition and transition +strategy and its estimated annual and total cost, has been provided in +writing to the congressional defense committees. + Sec. 8062. The Secretary of Defense shall continue to provide a +classified quarterly report to the House and Senate Appropriations +Committees, Subcommittees on Defense on certain matters as directed in +the classified annex accompanying this Act. + Sec. 8063. Notwithstanding section 12310(b) of title 10, United +States Code, a Reserve who is a member of the National Guard serving on +full-time National Guard duty under section 502(f) of title 32, United +States Code, may perform duties in support of the ground-based elements +of the National Ballistic Missile Defense System. + Sec. 8064. None of the funds provided in this Act may be used to +transfer to any nongovernmental entity ammunition held by the +Department of Defense that has a center-fire cartridge and a United +States military nomenclature designation of ``armor penetrator'', +``armor piercing (AP)'', ``armor piercing incendiary (API)'', or +``armor-piercing incendiary tracer (API-T)'', except to an entity +performing demilitarization services for the Department of Defense +under a contract that requires the entity to demonstrate to the +satisfaction of the Department of Defense that armor piercing +projectiles are either: (1) rendered incapable of reuse by the +demilitarization process; or (2) used to manufacture ammunition +pursuant to a contract with the Department of Defense or the +manufacture of ammunition for export pursuant to a License for +Permanent Export of Unclassified Military Articles issued by the +Department of State. + Sec. 8065. Notwithstanding any other provision of law, the Chief +of the National Guard Bureau, or his designee, may waive payment of all +or part of the consideration that otherwise would be required under +section 2667 of title 10, United States Code, in the case of a lease of +personal property for a period not in excess of 1 year to any +organization specified in section 508(d) of title 32, United States +Code, or any other youth, social, or fraternal nonprofit organization +as may be approved by the Chief of the National Guard Bureau, or his +designee, on a case-by-case basis. + + (including transfer of funds) + + Sec. 8066. Of the amounts appropriated in this Act under the +heading ``Operation and Maintenance, Army'', $138,103,000 shall remain +available until expended: Provided, That, notwithstanding any other +provision of law, the Secretary of Defense is authorized to transfer +such funds to other activities of the Federal Government: Provided +further, That the Secretary of Defense is authorized to enter into and +carry out contracts for the acquisition of real property, construction, +personal services, and operations related to projects carrying out the +purposes of this section: Provided further, That contracts entered +into under the authority of this section may provide for such +indemnification as the Secretary determines to be necessary: Provided +further, That projects authorized by this section shall comply with +applicable Federal, State, and local law to the maximum extent +consistent with the national security, as determined by the Secretary +of Defense. + Sec. 8067. (a) None of the funds appropriated in this or any other +Act may be used to take any action to modify-- + (1) the appropriations account structure for the National + Intelligence Program budget, including through the creation of a + new appropriation or new appropriation account; + (2) how the National Intelligence Program budget request is + presented in the unclassified P-1, R-1, and O-1 documents + supporting the Department of Defense budget request; + (3) the process by which the National Intelligence Program + appropriations are apportioned to the executing agencies; or + (4) the process by which the National Intelligence Program + appropriations are allotted, obligated and disbursed. + (b) Nothing in subsection (a) shall be construed to prohibit the +merger of programs or changes to the National Intelligence Program +budget at or below the Expenditure Center level, provided such change +is otherwise in accordance with paragraphs (a)(1)-(3). + (c) The Director of National Intelligence and the Secretary of +Defense may jointly, only for the purposes of achieving auditable +financial statements and improving fiscal reporting, study and develop +detailed proposals for alternative financial management processes. Such +study shall include a comprehensive counterintelligence risk assessment +to ensure that none of the alternative processes will adversely affect +counterintelligence. + (d) Upon development of the detailed proposals defined under +subsection (c), the Director of National Intelligence and the Secretary +of Defense shall-- + (1) provide the proposed alternatives to all affected agencies; + (2) receive certification from all affected agencies attesting + that the proposed alternatives will help achieve auditability, + improve fiscal reporting, and will not adversely affect + counterintelligence; and + (3) not later than 30 days after receiving all necessary + certifications under paragraph (2), present the proposed + alternatives and certifications to the congressional defense and + intelligence committees. + Sec. 8068. In addition to amounts provided elsewhere in this Act, +$10,000,000 is hereby appropriated to the Department of Defense, to +remain available for obligation until expended: Provided, That +notwithstanding any other provision of law, that upon the determination +of the Secretary of Defense that it shall serve the national interest, +these funds shall be available only for a grant to the Fisher House +Foundation, Inc., only for the construction and furnishing of +additional Fisher Houses to meet the needs of military family members +when confronted with the illness or hospitalization of an eligible +military beneficiary. + + (including transfer of funds) + + Sec. 8069. Of the amounts appropriated for ``Operation and +Maintenance, Navy'', up to $1,000,000 shall be available for transfer +to the John C. Stennis Center for Public Service Development Trust Fund +established under section 116 of the John C. Stennis Center for Public +Service Training and Development Act (2 U.S.C. 1105). + Sec. 8070. None of the funds available to the Department of +Defense may be obligated to modify command and control relationships to +give Fleet Forces Command operational and administrative control of +United States Navy forces assigned to the Pacific fleet: Provided, +That the command and control relationships which existed on October 1, +2004, shall remain in force until a written modification has been +proposed to the House and Senate Appropriations Committees: Provided +further, That the proposed modification may be implemented 30 days +after the notification unless an objection is received from either the +House or Senate Appropriations Committees: Provided further, That any +proposed modification shall not preclude the ability of the commander +of United States Indo-Pacific Command to meet operational requirements. + Sec. 8071. Any notice that is required to be submitted to the +Committees on Appropriations of the Senate and the House of +Representatives under section 806(c)(4) of the Bob Stump National +Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) +after the date of the enactment of this Act shall be submitted pursuant +to that requirement concurrently to the Subcommittees on Defense of the +Committees on Appropriations of the Senate and the House of +Representatives. + + (including transfer of funds) + + Sec. 8072. Of the amounts appropriated in this Act under the +headings ``Procurement, Defense-Wide'' and ``Research, Development, +Test and Evaluation, Defense-Wide'', $500,000,000 shall be for the +Israeli Cooperative Programs: Provided, That of this amount, +$95,000,000 shall be for the Secretary of Defense to provide to the +Government of Israel for the procurement of the Iron Dome defense +system to counter short-range rocket threats, subject to the U.S.- +Israel Iron Dome Procurement Agreement, as amended; $191,000,000 shall +be for the Short Range Ballistic Missile Defense (SRBMD) program, +including cruise missile defense research and development under the +SRBMD program, of which $50,000,000 shall be for co-production +activities of SRBMD systems in the United States and in Israel to meet +Israel's defense requirements consistent with each nation's laws, +regulations, and procedures, subject to the U.S.-Israeli co-production +agreement for SRBMD, as amended; $55,000,000 shall be for an upper-tier +component to the Israeli Missile Defense Architecture, of which +$55,000,000 shall be for co-production activities of Arrow 3 Upper Tier +systems in the United States and in Israel to meet Israel's defense +requirements consistent with each nation's laws, regulations, and +procedures, subject to the U.S.-Israeli co-production agreement for +Arrow 3 Upper Tier, as amended; and $159,000,000 shall be for the Arrow +System Improvement Program including development of a long range, +ground and airborne, detection suite: Provided further, That the +transfer authority provided under this provision is in addition to any +other transfer authority contained in this Act. + + (including transfer of funds) + + Sec. 8073. Of the amounts appropriated in this Act under the +heading ``Shipbuilding and Conversion, Navy'', $104,700,000 shall be +available until September 30, 2020, to fund prior year shipbuilding +cost increases: Provided, That upon enactment of this Act, the +Secretary of the Navy shall transfer funds to the following +appropriations in the amounts specified: Provided further, That the +amounts transferred shall be merged with and be available for the same +purposes as the appropriations to which transferred to: + (1) Under the heading ``Shipbuilding and Conversion, Navy'', + 2016/2020: Littoral Combat Ship $14,000,000; + (2) Under the heading ``Shipbuilding and Conversion, Navy'', + 2016/2020: Expeditionary Sea Base $38,000,000; + (3) Under the heading ``Shipbuilding and Conversion, Navy'', + 2018/2020: TAO Fleet Oiler $3,700,000; and + (4) Under the heading ``Shipbuilding and Conversion, Navy'', + 2019/2020: Expeditionary Fast Transport $49,000,000. + Sec. 8074. Funds appropriated by this Act, or made available by +the transfer of funds in this Act, for intelligence activities are +deemed to be specifically authorized by the Congress for purposes of +section 504 of the National Security Act of 1947 (50 U.S.C. 3094) +during fiscal year 2020 until the enactment of the Intelligence +Authorization Act for Fiscal Year 2020. + Sec. 8075. None of the funds provided in this Act shall be +available for obligation or expenditure through a reprogramming of +funds that creates or initiates a new program, project, or activity +unless such program, project, or activity must be undertaken +immediately in the interest of national security and only after written +prior notification to the congressional defense committees. + Sec. 8076. The budget of the President for fiscal year 2021 +submitted to the Congress pursuant to section 1105 of title 31, United +States Code, shall include separate budget justification documents for +costs of United States Armed Forces' participation in contingency +operations for the Military Personnel accounts, the Operation and +Maintenance accounts, the Procurement accounts, and the Research, +Development, Test and Evaluation accounts: Provided, That these +documents shall include a description of the funding requested for each +contingency operation, for each military service, to include all Active +and Reserve components, and for each appropriations account: Provided +further, That these documents shall include estimated costs for each +element of expense or object class, a reconciliation of increases and +decreases for each contingency operation, and programmatic data +including, but not limited to, troop strength for each Active and +Reserve component, and estimates of the major weapons systems deployed +in support of each contingency: Provided further, That these documents +shall include budget exhibits OP-5 and OP-32 (as defined in the +Department of Defense Financial Management Regulation) for all +contingency operations for the budget year and the two preceding fiscal +years. + Sec. 8077. None of the funds in this Act may be used for research, +development, test, evaluation, procurement or deployment of nuclear +armed interceptors of a missile defense system. + Sec. 8078. The Secretary of Defense may use up to $650,000,000 of +the amounts appropriated or otherwise made available in this Act to the +Department of Defense for the rapid acquisition and deployment of +supplies and associated support services pursuant to section 806 of the +Bob Stump National Defense Authorization Act for Fiscal Year 2003 +(Public Law 107-314; 10 U.S.C. 2302 note), but only for the purposes +specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B) +of such section and subject to the applicable limits specified in +clauses (i), (ii), and (iii) of such subsection and, in the case of +clause (iv) of such subsection, subject to a limit of $50,000,000: +Provided, That the Secretary of Defense shall notify the congressional +defense committees promptly of all uses of such authority. + Sec. 8079. None of the funds appropriated or made available in +this Act shall be used to reduce or disestablish the operation of the +53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such +action would reduce the WC-130 Weather Reconnaissance mission below the +levels funded in this Act: Provided, That the Air Force shall allow +the 53rd Weather Reconnaissance Squadron to perform other missions in +support of national defense requirements during the non-hurricane +season. + Sec. 8080. None of the funds provided in this Act shall be +available for integration of foreign intelligence information unless +the information has been lawfully collected and processed during the +conduct of authorized foreign intelligence activities: Provided, That +information pertaining to United States persons shall only be handled +in accordance with protections provided in the Fourth Amendment of the +United States Constitution as implemented through Executive Order No. +12333. + Sec. 8081. (a) None of the funds appropriated by this Act may be +used to transfer research and development, acquisition, or other +program authority relating to current tactical unmanned aerial vehicles +(TUAVs) from the Army. + (b) The Army shall retain responsibility for and operational +control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order +to support the Secretary of Defense in matters relating to the +employment of unmanned aerial vehicles. + Sec. 8082. None of the funds appropriated by this Act for programs +of the Office of the Director of National Intelligence shall remain +available for obligation beyond the current fiscal year, except for +funds appropriated for research and technology, which shall remain +available until September 30, 2021. + Sec. 8083. For purposes of section 1553(b) of title 31, United +States Code, any subdivision of appropriations made in this Act under +the heading ``Shipbuilding and Conversion, Navy'' shall be considered +to be for the same purpose as any subdivision under the heading +``Shipbuilding and Conversion, Navy'' appropriations in any prior +fiscal year, and the 1 percent limitation shall apply to the total +amount of the appropriation. + Sec. 8084. (a) Not later than 60 days after the date of enactment +of this Act, the Director of National Intelligence shall submit a +report to the congressional intelligence committees to establish the +baseline for application of reprogramming and transfer authorities for +fiscal year 2020: Provided, That the report shall include-- + (1) a table for each appropriation with a separate column to + display the President's budget request, adjustments made by + Congress, adjustments due to enacted rescissions, if appropriate, + and the fiscal year enacted level; + (2) a delineation in the table for each appropriation by + Expenditure Center and project; and + (3) an identification of items of special congressional + interest. + (b) None of the funds provided for the National Intelligence +Program in this Act shall be available for reprogramming or transfer +until the report identified in subsection (a) is submitted to the +congressional intelligence committees, unless the Director of National +Intelligence certifies in writing to the congressional intelligence +committees that such reprogramming or transfer is necessary as an +emergency requirement. + Sec. 8085. Notwithstanding any other provision of law, any +transfer of funds, appropriated or otherwise made available by this +Act, for support to friendly foreign countries in connection with the +conduct of operations in which the United States is not participating, +pursuant to section 331(d) of title 10, United States Code, shall be +made in accordance with section 8005 or 9002 of this Act, as +applicable. + Sec. 8086. Any transfer of amounts appropriated to, credited to, +or deposited in the Department of Defense Acquisition Workforce +Development Fund in or for fiscal year 2020 to a military department or +Defense Agency pursuant to section 1705(e)(1) of title 10, United +States Code, shall be covered by and subject to section 8005 or 9002 of +this Act, as applicable. + Sec. 8087. None of the funds made available by this Act for excess +defense articles, assistance under section 333 of title 10, United +States Code, or peacekeeping operations for the countries designated +annually to be in violation of the standards of the Child Soldiers +Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be +used to support any military training or operation that includes child +soldiers, as defined by the Child Soldiers Prevention Act of 2008, +unless such assistance is otherwise permitted under section 404 of the +Child Soldiers Prevention Act of 2008. + Sec. 8088. (a) None of the funds provided for the National +Intelligence Program in this or any prior appropriations Act shall be +available for obligation or expenditure through a reprogramming or +transfer of funds in accordance with section 102A(d) of the National +Security Act of 1947 (50 U.S.C. 3024(d)) that-- + (1) creates a new start effort; + (2) terminates a program with appropriated funding of + $10,000,000 or more; + (3) transfers funding into or out of the National Intelligence + Program; or + (4) transfers funding between appropriations, unless the + congressional intelligence committees are notified 30 days in + advance of such reprogramming of funds; this notification period + may be reduced for urgent national security requirements. + (b) None of the funds provided for the National Intelligence +Program in this or any prior appropriations Act shall be available for +obligation or expenditure through a reprogramming or transfer of funds +in accordance with section 102A(d) of the National Security Act of 1947 +(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease +of the levels specified in the classified annex accompanying the Act +unless the congressional intelligence committees are notified 30 days +in advance of such reprogramming of funds; this notification period may +be reduced for urgent national security requirements. + Sec. 8089. For the purposes of this Act, the term ``congressional +intelligence committees'' means the Permanent Select Committee on +Intelligence of the House of Representatives, the Select Committee on +Intelligence of the Senate, the Subcommittee on Defense of the +Committee on Appropriations of the House of Representatives, and the +Subcommittee on Defense of the Committee on Appropriations of the +Senate. + + (including transfer of funds) + + Sec. 8090. During the current fiscal year, not to exceed +$11,000,000 from each of the appropriations made in title II of this +Act for ``Operation and Maintenance, Army'', ``Operation and +Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may +be transferred by the military department concerned to its central fund +established for Fisher Houses and Suites pursuant to section 2493(d) of +title 10, United States Code. + Sec. 8091. None of the funds appropriated by this Act may be +available for the purpose of making remittances to the Department of +Defense Acquisition Workforce Development Fund in accordance with +section 1705 of title 10, United States Code. + Sec. 8092. (a) Any agency receiving funds made available in this +Act, shall, subject to subsections (b) and (c), post on the public Web +site of that agency any report required to be submitted by the Congress +in this or any other Act, upon the determination by the head of the +agency that it shall serve the national interest. + (b) Subsection (a) shall not apply to a report if-- + (1) the public posting of the report compromises national + security; or + (2) the report contains proprietary information. + (c) The head of the agency posting such report shall do so only +after such report has been made available to the requesting Committee +or Committees of Congress for no less than 45 days. + Sec. 8093. (a) None of the funds appropriated or otherwise made +available by this Act may be expended for any Federal contract for an +amount in excess of $1,000,000, unless the contractor agrees not to-- + (1) enter into any agreement with any of its employees or + independent contractors that requires, as a condition of + employment, that the employee or independent contractor agree to + resolve through arbitration any claim under title VII of the Civil + Rights Act of 1964 or any tort related to or arising out of sexual + assault or harassment, including assault and battery, intentional + infliction of emotional distress, false imprisonment, or negligent + hiring, supervision, or retention; or + (2) take any action to enforce any provision of an existing + agreement with an employee or independent contractor that mandates + that the employee or independent contractor resolve through + arbitration any claim under title VII of the Civil Rights Act of + 1964 or any tort related to or arising out of sexual assault or + harassment, including assault and battery, intentional infliction + of emotional distress, false imprisonment, or negligent hiring, + supervision, or retention. + (b) None of the funds appropriated or otherwise made available by +this Act may be expended for any Federal contract unless the contractor +certifies that it requires each covered subcontractor to agree not to +enter into, and not to take any action to enforce any provision of, any +agreement as described in paragraphs (1) and (2) of subsection (a), +with respect to any employee or independent contractor performing work +related to such subcontract. For purposes of this subsection, a +``covered subcontractor'' is an entity that has a subcontract in excess +of $1,000,000 on a contract subject to subsection (a). + (c) The prohibitions in this section do not apply with respect to a +contractor's or subcontractor's agreements with employees or +independent contractors that may not be enforced in a court of the +United States. + (d) The Secretary of Defense may waive the application of +subsection (a) or (b) to a particular contractor or subcontractor for +the purposes of a particular contract or subcontract if the Secretary +or the Deputy Secretary personally determines that the waiver is +necessary to avoid harm to national security interests of the United +States, and that the term of the contract or subcontract is not longer +than necessary to avoid such harm. The determination shall set forth +with specificity the grounds for the waiver and for the contract or +subcontract term selected, and shall state any alternatives considered +in lieu of a waiver and the reasons each such alternative would not +avoid harm to national security interests of the United States. The +Secretary of Defense shall transmit to Congress, and simultaneously +make public, any determination under this subsection not less than 15 +business days before the contract or subcontract addressed in the +determination may be awarded. + + (including transfer of funds) + + Sec. 8094. From within the funds appropriated for operation and +maintenance for the Defense Health Program in this Act, up to +$127,000,000, shall be available for transfer to the Joint Department +of Defense-Department of Veterans Affairs Medical Facility +Demonstration Fund in accordance with the provisions of section 1704 of +the National Defense Authorization Act for Fiscal Year 2010, Public Law +111-84: Provided, That for purposes of section 1704(b), the facility +operations funded are operations of the integrated Captain James A. +Lovell Federal Health Care Center, consisting of the North Chicago +Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and +supporting facilities designated as a combined Federal medical facility +as described by section 706 of Public Law 110-417: Provided further, +That additional funds may be transferred from funds appropriated for +operation and maintenance for the Defense Health Program to the Joint +Department of Defense-Department of Veterans Affairs Medical Facility +Demonstration Fund upon written notification by the Secretary of +Defense to the Committees on Appropriations of the House of +Representatives and the Senate. + Sec. 8095. None of the funds appropriated or otherwise made +available by this Act may be used by the Department of Defense or a +component thereof in contravention of the provisions of section 130h of +title 10, United States Code. + Sec. 8096. Appropriations available to the Department of Defense +may be used for the purchase of heavy and light armored vehicles for +the physical security of personnel or for force protection purposes up +to a limit of $450,000 per vehicle, notwithstanding price or other +limitations applicable to the purchase of passenger carrying vehicles. + + (including transfer of funds) + + Sec. 8097. Upon a determination by the Director of National +Intelligence that such action is necessary and in the national +interest, the Director may, with the approval of the Office of +Management and Budget, transfer not to exceed $1,500,000,000 of the +funds made available in this Act for the National Intelligence Program: + Provided, That such authority to transfer may not be used unless for +higher priority items, based on unforeseen intelligence requirements, +than those for which originally appropriated and in no case where the +item for which funds are requested has been denied by the Congress: +Provided further, That a request for multiple reprogrammings of funds +using authority provided in this section shall be made prior to June +30, 2020. + Sec. 8098. None of the funds appropriated or otherwise made +available in this or any other Act may be used to transfer, release, or +assist in the transfer or release to or within the United States, its +territories, or possessions Khalid Sheikh Mohammed or any other +detainee who-- + (1) is not a United States citizen or a member of the Armed + Forces of the United States; and + (2) is or was held on or after June 24, 2009, at United States + Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. + Sec. 8099. None of the funds appropriated or otherwise made +available in this Act may be used to transfer any individual detained +at United States Naval Station Guantanamo Bay, Cuba, to the custody or +control of the individual's country of origin, any other foreign +country, or any other foreign entity except in accordance with section +1034 of the National Defense Authorization Act for Fiscal Year 2016 +(Public Law 114-92) and section 1035 of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232). + Sec. 8100. None of the funds made available by this Act may be +used in contravention of the War Powers Resolution (50 U.S.C. 1541 et +seq.). + Sec. 8101. (a) None of the funds appropriated or otherwise made +available by this or any other Act may be used by the Secretary of +Defense, or any other official or officer of the Department of Defense, +to enter into a contract, memorandum of understanding, or cooperative +agreement with, or make a grant to, or provide a loan or loan guarantee +to Rosoboronexport or any subsidiary of Rosoboronexport. + (b) The Secretary of Defense may waive the limitation in subsection +(a) if the Secretary, in consultation with the Secretary of State and +the Director of National Intelligence, determines that it is in the +vital national security interest of the United States to do so, and +certifies in writing to the congressional defense committees that, to +the best of the Secretary's knowledge: + (1) Rosoboronexport has ceased the transfer of lethal military + equipment to, and the maintenance of existing lethal military + equipment for, the Government of the Syrian Arab Republic; + (2) The armed forces of the Russian Federation have withdrawn + from Crimea, other than armed forces present on military bases + subject to agreements in force between the Government of the + Russian Federation and the Government of Ukraine; and + (3) Agents of the Russian Federation have ceased taking active + measures to destabilize the control of the Government of Ukraine + over eastern Ukraine. + (c) The Inspector General of the Department of Defense shall +conduct a review of any action involving Rosoboronexport with respect +to a waiver issued by the Secretary of Defense pursuant to subsection +(b), and not later than 90 days after the date on which such a waiver +is issued by the Secretary of Defense, the Inspector General shall +submit to the congressional defense committees a report containing the +results of the review conducted with respect to such waiver. + Sec. 8102. None of the funds made available in this Act may be +used for the purchase or manufacture of a flag of the United States +unless such flags are treated as covered items under section 2533a(b) +of title 10, United States Code. + Sec. 8103. (a) None of the funds appropriated or otherwise made +available in this or any other Act may be used to construct, acquire, +or modify any facility in the United States, its territories, or +possessions to house any individual described in subsection (c) for the +purposes of detention or imprisonment in the custody or under the +effective control of the Department of Defense. + (b) The prohibition in subsection (a) shall not apply to any +modification of facilities at United States Naval Station, Guantanamo +Bay, Cuba. + (c) An individual described in this subsection is any individual +who, as of June 24, 2009, is located at United States Naval Station, +Guantanamo Bay, Cuba, and who-- + (1) is not a citizen of the United States or a member of the + Armed Forces of the United States; and + (2) is-- + (A) in the custody or under the effective control of the + Department of Defense; or + (B) otherwise under detention at United States Naval + Station, Guantanamo Bay, Cuba. + Sec. 8104. (a) Of the funds appropriated in this Act for the +Department of Defense, amounts should be made available, under such +regulations as the Secretary of Defense may prescribe, to local +military commanders appointed by the Secretary, or by an officer or +employee designated by the Secretary, to provide at their discretion ex +gratia payments in amounts consistent with subsection (d) of this +section for damage, personal injury, or death that is incident to +combat operations of the Armed Forces in a foreign country. + (b) An ex gratia payment under this section may be provided only +if-- + (1) the prospective foreign civilian recipient is determined by + the local military commander to be friendly to the United States; + (2) a claim for damages would not be compensable under chapter + 163 of title 10, United States Code (commonly known as the + ``Foreign Claims Act''); and + (3) the property damage, personal injury, or death was not + caused by action by an enemy. + (c) Any payments provided under a program under subsection (a) +shall not be considered an admission or acknowledgement of any legal +obligation to compensate for any damage, personal injury, or death. + (d) If the Secretary of Defense determines a program under +subsection (a) to be appropriate in a particular setting, the amounts +of payments, if any, to be provided to civilians determined to have +suffered harm incident to combat operations of the Armed Forces under +the program should be determined pursuant to regulations prescribed by +the Secretary and based on an assessment, which should include such +factors as cultural appropriateness and prevailing economic conditions. + (e) Local military commanders shall receive legal advice before +making ex gratia payments under this subsection. The legal advisor, +under regulations of the Department of Defense, shall advise on whether +an ex gratia payment is proper under this section and applicable +Department of Defense regulations. + (f) A written record of any ex gratia payment offered or denied +shall be kept by the local commander and on a timely basis submitted to +the appropriate office in the Department of Defense as determined by +the Secretary of Defense. + (g) The Secretary of Defense shall report to the congressional +defense committees on an annual basis the efficacy of the ex gratia +payment program including the number of types of cases considered, +amounts offered, the response from ex gratia payment recipients, and +any recommended modifications to the program. + Sec. 8105. The Secretary of Defense shall post grant awards on a +public website in a searchable format. + Sec. 8106. The Secretary of each military department, in reducing +each research, development, test and evaluation and procurement account +of the military department as required under paragraph (1) of section +828(d) of the National Defense Authorization Act for Fiscal Year 2016 +(Public Law 114-92; 10 U.S.C. 2430 note), as amended by section +825(a)(3) of the National Defense Authorization Act for Fiscal Year +2018, shall allocate the percentage reduction determined under +paragraph (2) of such section 828(d) proportionally from all programs, +projects, or activities under such account: Provided, That the +authority under section 804(d)(2) of the National Defense Authorization +Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) to +transfer amounts available in the Rapid Prototyping Fund shall be +subject to section 8005 or 9002 of this Act, as applicable. + Sec. 8107. None of the funds made available by this Act may be +used by the National Security Agency to-- + (1) conduct an acquisition pursuant to section 702 of the + Foreign Intelligence Surveillance Act of 1978 for the purpose of + targeting a United States person; or + (2) acquire, monitor, or store the contents (as such term is + defined in section 2510(8) of title 18, United States Code) of any + electronic communication of a United States person from a provider + of electronic communication services to the public pursuant to + section 501 of the Foreign Intelligence Surveillance Act of 1978. + Sec. 8108. None of the funds made available in this or any other +Act may be used to pay the salary of any officer or employee of any +agency funded by this Act who approves or implements the transfer of +administrative responsibilities or budgetary resources of any program, +project, or activity financed by this Act to the jurisdiction of +another Federal agency not financed by this Act without the express +authorization of Congress: Provided, That this limitation shall not +apply to transfers of funds expressly provided for in Defense +Appropriations Acts, or provisions of Acts providing supplemental +appropriations for the Department of Defense. + Sec. 8109. Of the amounts appropriated in this Act for ``Operation +and Maintenance, Navy'', $352,044,000, to remain available until +expended, may be used for any purposes related to the National Defense +Reserve Fleet established under section 11 of the Merchant Ship Sales +Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are +available for reimbursements to the Ready Reserve Force, Maritime +Administration account of the United States Department of +Transportation for programs, projects, activities, and expenses related +to the National Defense Reserve Fleet. + Sec. 8110. None of the funds made available in this Act may be +obligated for activities authorized under section 1208 of the Ronald W. +Reagan National Defense Authorization Act for Fiscal Year 2005 (Public +Law 112-81; 125 Stat. 1621) to initiate support for, or expand support +to, foreign forces, irregular forces, groups, or individuals unless the +congressional defense committees are notified in accordance with the +direction contained in the classified annex accompanying this Act, not +less than 15 days before initiating such support: Provided, That none +of the funds made available in this Act may be used under section 1208 +for any activity that is not in support of an ongoing military +operation being conducted by United States Special Operations Forces to +combat terrorism: Provided further, That the Secretary of Defense may +waive the prohibitions in this section if the Secretary determines that +such waiver is required by extraordinary circumstances and, by not +later than 72 hours after making such waiver, notifies the +congressional defense committees of such waiver. + Sec. 8111. None of the funds made available by this Act may be +used with respect to Iraq in contravention of the War Powers Resolution +(50 U.S.C. 1541 et seq.), including for the introduction of United +States armed forces into hostilities in Iraq, into situations in Iraq +where imminent involvement in hostilities is clearly indicated by the +circumstances, or into Iraqi territory, airspace, or waters while +equipped for combat, in contravention of the congressional consultation +and reporting requirements of sections 3 and 4 of such Resolution (50 +U.S.C. 1542 and 1543). + Sec. 8112. The Secretary of Defense, in consultation with the +Service Secretaries, shall submit two reports to the congressional +defense committees, not later than March 1, 2020, and not later than +September 1, 2020, detailing the submission of records during the +previous 6 months to databases accessible to the National Instant +Criminal Background Check System (NICS), including the Interstate +Identification Index (III), the National Crime Information Center +(NCIC), and the NICS Index, as required by Public Law 110-180: +Provided, That such reports shall provide the number and category of +records submitted by month to each such database, by Service or +Component: Provided further, That such reports shall identify the +number and category of records submitted by month to those databases +for which the Identification for Firearm Sales (IFFS) flag or other +database flags were used to pre-validate the records and indicate that +such persons are prohibited from receiving or possessing a firearm: +Provided further, That such reports shall describe the steps taken +during the previous 6 months, by Service or Component, to ensure +complete and accurate submission and appropriate flagging of records of +individuals prohibited from gun possession or receipt pursuant to 18 +U.S.C. 922(g) or (n) including applicable records involving proceedings +under the Uniform Code of Military Justice. + Sec. 8113. (a) None of the funds provided in this Act for the TAO +Fleet Oiler program shall be used to award a new contract that provides +for the acquisition of the following components unless those components +are manufactured in the United States: Auxiliary equipment (including +pumps) for shipboard services; propulsion equipment (including engines, +reduction gears, and propellers); shipboard cranes; and spreaders for +shipboard cranes. + (b) None of the funds provided in this Act for the FFG(X) Frigate +program shall be used to award a new contract that provides for the +acquisition of the following components unless those components are +manufactured in the United States: Air circuit breakers; gyrocompasses; +electronic navigation chart systems; steering controls; pumps; +propulsion and machinery control systems; totally enclosed lifeboats; +auxiliary equipment pumps; shipboard cranes; auxiliary chill water +systems; and propulsion propellers: Provided, That the Secretary of +the Navy shall incorporate United States manufactured propulsion +engines and propulsion reduction gears into the FFG(X) Frigate program +beginning not later than with the eleventh ship of the program. + Sec. 8114. No amounts credited or otherwise made available in this +or any other Act to the Department of Defense Acquisition Workforce +Development Fund may be transferred to: + (1) the Rapid Prototyping Fund established under section 804(d) + of the National Defense Authorization Act for Fiscal Year 2016 (10 + U.S.C. 2302 note); or + (2) credited to a military-department specific fund established + under section 804(d)(2) of the National Defense Authorization Act + for Fiscal Year 2016 (as amended by section 897 of the National + Defense Authorization Act for Fiscal Year 2017). + Sec. 8115. None of the funds made available by this Act may be +used for Government Travel Charge Card expenses by military or civilian +personnel of the Department of Defense for gaming, or for entertainment +that includes topless or nude entertainers or participants, as +prohibited by Department of Defense FMR, Volume 9, Chapter 3 and +Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b). + Sec. 8116. Notwithstanding any other provision of law, from funds +made available to the Department of Defense in title II of this Act +under the heading ``Operation and Maintenance, Defense-Wide'', +$15,000,000 shall be available for a project in a country designated by +the Secretary of Defense: Provided, That in furtherance of the +project, the Department of Defense is authorized to acquire services, +including services performed pursuant to a grant agreement, from +another Federal agency, on an advance of funds or reimbursable basis: +Provided further, That an order for services placed under this section +is deemed to be an obligation in the same manner that a similar order +placed under a contract with a private contractor is an obligation. + Sec. 8117. None of the funds appropriated by this Act may be made +available to deliver F-35 air vehicles or any other F-35 weapon system +equipment to the Republic of Turkey, except in accordance with section +1245 of the National Defense Authorization Act for Fiscal Year 2020. + + (including transfer of funds) + + Sec. 8118. Of the amounts appropriated in this Act, the Secretary +of Defense may use up to $82,046,000 under the heading ``Operation and +Maintenance, Defense-Wide'', and up to $44,001,000 under the heading +``Research, Development, Test and Evaluation, Defense-Wide'' to +develop, replace, and sustain Federal Government security and +suitability background investigation information technology systems of +the Office of Personnel Management or other Federal agency responsible +for conducting such investigations: Provided, That the Secretary may +transfer additional amounts into these headings or into ``Procurement, +Defense-Wide'' using established reprogramming procedures prescribed in +the Department of Defense Financial Management Regulation 7000.14, +Volume 3, Chapter 6, dated September 2015: Provided further, That such +funds shall supplement, not supplant any other amounts made available +to other Federal agencies for such purposes. + Sec. 8119. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network is +designed to block access to pornography websites. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities, or for any activity necessary +for the national defense, including intelligence activities. + Sec. 8120. Notwithstanding any other provision of law, any +transfer of funds appropriated or otherwise made available by this Act +to the Global Engagement Center established by section 1287 of the +National Defense Authorization Act for Fiscal Year 2017 (Public Law +114-328; 130 Stat. 22 U.S.C. 2656 note) shall be made in accordance +with section 8005 or 9002 of this Act, as applicable, but only after +the amount so transferred exceeds $20,000,000, the amount appropriated +in this Act for the Global Engagement Center. + Sec. 8121. In addition to amounts provided elsewhere in this Act, +there is appropriated $315,000,000, for an additional amount for +``Operation and Maintenance, Defense-Wide'', to remain available until +expended: Provided, That such funds shall only be available to the +Secretary of Defense, acting through the Office of Economic Adjustment +of the Department of Defense, or for transfer to the Secretary of +Education, notwithstanding any other provision of law, to make grants, +conclude cooperative agreements, or supplement other Federal funds to +construct, renovate, repair, or expand elementary and secondary public +schools on military installations in order to address capacity or +facility condition deficiencies at such schools: Provided further, +That in making such funds available, the Office of Economic Adjustment +or the Secretary of Education shall give priority consideration to +those military installations with schools having the most serious +capacity or facility condition deficiencies as determined by the +Secretary of Defense: Provided further, That as a condition of +receiving funds under this section a local educational agency or State +shall provide a matching share as described in the notice titled +``Department of Defense Program for Construction, Renovation, Repair or +Expansion of Public Schools Located on Military Installations'' +published by the Department of Defense in the Federal Register on +September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided further, That +these provisions apply to funds provided under this section, and to +funds previously provided by Congress to construct, renovate, repair, +or expand elementary and secondary public schools on military +installations in order to address capacity or facility condition +deficiencies at such schools to the extent such funds remain +unobligated on the date of enactment of this section. + Sec. 8122. None of the funds made available by this Act may be +used to carry out the closure or realignment of the United States Naval +Station, Guantanamo Bay, Cuba. + Sec. 8123. In carrying out the program described in the memorandum +on the subject of ``Policy for Assisted Reproductive Services for the +Benefit of Seriously or Severely Ill/Injured (Category II or III) +Active Duty Service Members'' issued by the Assistant Secretary of +Defense for Health Affairs on April 3, 2012, and the guidance issued to +implement such memorandum, the Secretary of Defense shall apply such +policy and guidance, except that-- + (1) the limitation on periods regarding embryo cryopreservation + and storage set forth in part III(G) and in part IV(H) of such + memorandum shall not apply; and + (2) the term ``assisted reproductive technology'' shall include + embryo cryopreservation and storage without limitation on the + duration of such cryopreservation and storage. + Sec. 8124. None of the funds made available by this Act may be +used to provide arms, training, or other assistance to the Azov +Battalion. + Sec. 8125. None of the funds provided for, or otherwise made +available, in this or any other Act, may be obligated or expended by +the Secretary of Defense to provide motorized vehicles, aviation +platforms, munitions other than small arms and munitions appropriate +for customary ceremonial honors, operational military units, or +operational military platforms if the Secretary determines that +providing such units, platforms, or equipment would undermine the +readiness of such units, platforms, or equipment. + Sec. 8126. The Secretary of Defense may obligate and expend funds +made available under this Act for procurement or for research, +development, test and evaluation for the F-35 Joint Strike Fighter to +modify up to six F-35 aircraft, including up to two F-35 aircraft of +each variant, to a test configuration: Provided, That the Secretary of +Defense shall, with the concurrence of the Secretary of the Air Force +and the Secretary of the Navy, notify the congressional defense +committees not fewer than 30 days prior to obligating and expending +funds under this section: Provided further, That any transfer of funds +pursuant to the authority provided in this section shall be made in +accordance with section 8005 or 9002 of this Act, as appropriate, if +applicable: Provided further, That aircraft referred to previously in +this section are not additional to aircraft referred to in section 8135 +of the Department of Defense Appropriations Act, 2019. + Sec. 8127. Amounts appropriated for ``Defense Health Program'' in +this Act and hereafter may be obligated to make death gratuity +payments, as authorized in subchapter II of chapter 75 of title 10, +United States Code, if no appropriation for ``Military Personnel'' is +available for obligation for such payments: Provided, That such +obligations may subsequently be recorded against appropriations +available for ``Military Personnel''. + Sec. 8128. (a) None of the funds made available by this or any +other Act may be used to enter into a contract, memorandum of +understanding, or cooperative agreement with, make a grant to, or +provide a loan or loan guarantee to any corporation that has any unpaid +Federal tax liability that has been assessed, for which all judicial +and administrative remedies have been exhausted or have lapsed, and +that is not being paid in a timely manner pursuant to an agreement with +the authority responsible for collecting such tax liability, provided +that the applicable Federal agency is aware of the unpaid Federal tax +liability. + (b) Subsection (a) shall not apply if the applicable Federal agency +has considered suspension or debarment of the corporation described in +such subsection and has made a determination that such suspension or +debarment is not necessary to protect the interests of the Federal +Government. + Sec. 8129. None of the funds made available by this Act may be +used in contravention of-- + (1) Executive Order No. 13175 (65 Fed. Reg. 67249; relating to + consultation and coordination with Indian Tribal governments); or + (2) section 1501.2(d)(2) of title 40, Code of Federal + Regulations. + Sec. 8130. During fiscal year 2020, any advance billing for +background investigation services and related services purchased from +activities financed using Defense Working Capital Funds shall be +excluded from the calculation of cumulative advance billings under +section 2208(l)(3) of title 10, United States Code. + Sec. 8131. None of the funds appropriated or otherwise made +available by this Act may be used to transfer the National +Reconnaissance Office to the Space Force. + Sec. 8132. The Secretary of Defense shall submit to the Committees +on Appropriations the reports required by section 596 of the National +Defense Authorization Act for Fiscal Year 2020. + Sec. 8133. Notwithstanding any other provision of this Act, to +reflect savings due to favorable foreign exchange rates, the total +amount appropriated in this Act is hereby reduced by $81,559,000. + + TITLE IX + + OVERSEAS CONTINGENCY OPERATIONS + + MILITARY PERSONNEL + + Military Personnel, Army + + For an additional amount for ``Military Personnel, Army'', +$2,743,132,000: Provided, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Military Personnel, Navy + + For an additional amount for ``Military Personnel, Navy'', +$356,392,000: Provided, That such amount is designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Military Personnel, Marine Corps + + For an additional amount for ``Military Personnel, Marine Corps'', +$104,213,000: Provided, That such amount is designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Military Personnel, Air Force + + For an additional amount for ``Military Personnel, Air Force'', +$1,007,594,000: Provided, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Reserve Personnel, Army + + For an additional amount for ``Reserve Personnel, Army'', +$34,812,000: Provided, That such amount is designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Reserve Personnel, Navy + + For an additional amount for ``Reserve Personnel, Navy'', +$11,370,000: Provided, That such amount is designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Reserve Personnel, Marine Corps + + For an additional amount for ``Reserve Personnel, Marine Corps'', +$3,599,000: Provided, That such amount is designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Reserve Personnel, Air Force + + For an additional amount for ``Reserve Personnel, Air Force'', +$16,428,000: Provided, That such amount is designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + National Guard Personnel, Army + + For an additional amount for ``National Guard Personnel, Army'', +$202,644,000: Provided, That such amount is designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + National Guard Personnel, Air Force + + For an additional amount for ``National Guard Personnel, Air +Force'', $5,624,000: Provided, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + OPERATION AND MAINTENANCE + + Operation and Maintenance, Army + + For an additional amount for ``Operation and Maintenance, Army'', +$20,092,038,000: Provided, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Navy + + For an additional amount for ``Operation and Maintenance, Navy'', +$8,772,379,000: Provided, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Marine Corps + + For an additional amount for ``Operation and Maintenance, Marine +Corps'', $1,109,791,000: Provided, That such amount is designated by +the Congress for Overseas Contingency Operations/Global War on +Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Air Force + + For an additional amount for ``Operation and Maintenance, Air +Force'', $10,359,379,000: Provided, That such amount is designated by +the Congress for Overseas Contingency Operations/Global War on +Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Defense-Wide + + For an additional amount for ``Operation and Maintenance, Defense- +Wide'', $7,803,193,000: Provided, That of the funds provided under +this heading, not to exceed $225,000,000, to remain available until +September 30, 2021, shall be for payments to reimburse key cooperating +nations for logistical, military, and other support, including access, +provided to United States military and stability operations in +Afghanistan and to counter the Islamic State of Iraq and Syria: +Provided further, That such reimbursement payments may be made in such +amounts as the Secretary of Defense, with the concurrence of the +Secretary of State, and in consultation with the Director of the Office +of Management and Budget, may determine, based on documentation +determined by the Secretary of Defense to adequately account for the +support provided, and such determination is final and conclusive upon +the accounting officers of the United States, and 15 days following +written notification to the appropriate congressional committees: +Provided further, That these funds may be used for the purpose of +providing specialized training and procuring supplies and specialized +equipment and providing such supplies and loaning such equipment on a +non-reimbursable basis to coalition forces supporting United States +military and stability operations in Afghanistan and to counter the +Islamic State of Iraq and Syria, and 15 days following written +notification to the appropriate congressional committees: Provided +further, That these funds may be used to support the Government of +Jordan in such amounts as the Secretary of Defense may determine, to +enhance the ability of the armed forces of Jordan to increase or +sustain security along its borders, upon 15 days prior written +notification to the congressional defense committees outlining the +amounts intended to be provided and the nature of the expenses +incurred: Provided further, That of the funds provided under this +heading, not to exceed $1,049,178,000 to remain available until +September 30, 2021, shall be available to provide support and +assistance to foreign security forces or other groups or individuals to +conduct, support or facilitate counterterrorism, crisis response, or +other Department of Defense security cooperation programs: Provided +further, That the Secretary of Defense shall provide quarterly reports +to the congressional defense committees on the use of funds provided in +this paragraph: Provided further, That such amount is designated by +the Congress for Overseas Contingency Operations/Global War on +Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Army Reserve + + For an additional amount for ``Operation and Maintenance, Army +Reserve'', $37,592,000: Provided, That such amount is designated by +the Congress for Overseas Contingency Operations/Global War on +Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Navy Reserve + + For an additional amount for ``Operation and Maintenance, Navy +Reserve'', $23,036,000: Provided, That such amount is designated by +the Congress for Overseas Contingency Operations/Global War on +Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Marine Corps Reserve + + For an additional amount for ``Operation and Maintenance, Marine +Corps Reserve'', $8,707,000: Provided, That such amount is designated +by the Congress for Overseas Contingency Operations/Global War on +Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Air Force Reserve + + For an additional amount for ``Operation and Maintenance, Air Force +Reserve'', $29,758,000: Provided, That such amount is designated by +the Congress for Overseas Contingency Operations/Global War on +Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Army National Guard + + For an additional amount for ``Operation and Maintenance, Army +National Guard'', $83,291,000: Provided, That such amount is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Air National Guard + + For an additional amount for ``Operation and Maintenance, Air +National Guard'', $176,909,000: Provided, That such amount is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985. + + Afghanistan Security Forces Fund + + For the ``Afghanistan Security Forces Fund'', $4,199,978,000, to +remain available until September 30, 2021: Provided, That such funds +shall be available to the Secretary of Defense for the purpose of +allowing the Commander, Combined Security Transition Command-- +Afghanistan, or the Secretary's designee, to provide assistance, with +the concurrence of the Secretary of State, to the security forces of +Afghanistan, including the provision of equipment, supplies, services, +training, facility and infrastructure repair, renovation, construction, +and funding: Provided further, That the Secretary of Defense may +obligate and expend funds made available to the Department of Defense +in this title for additional costs associated with existing projects +previously funded with amounts provided under the heading ``Afghanistan +Infrastructure Fund'' in prior Acts: Provided further, That such costs +shall be limited to contract changes resulting from inflation, market +fluctuation, rate adjustments, and other necessary contract actions to +complete existing projects, and associated supervision and +administration costs and costs for design during construction: +Provided further, That the Secretary may not use more than $50,000,000 +under the authority provided in this section: Provided further, That +the Secretary shall notify in advance such contract changes and +adjustments in annual reports to the congressional defense committees: +Provided further, That the authority to provide assistance under this +heading is in addition to any other authority to provide assistance to +foreign nations: Provided further, That contributions of funds for the +purposes provided herein from any person, foreign government, or +international organization may be credited to this Fund, to remain +available until expended, and used for such purposes: Provided +further, That the Secretary of Defense shall notify the congressional +defense committees in writing upon the receipt and upon the obligation +of any contribution, delineating the sources and amounts of the funds +received and the specific use of such contributions: Provided further, +That the Secretary of Defense shall, not fewer than 15 days prior to +obligating from this appropriation account, notify the congressional +defense committees in writing of the details of any such obligation: +Provided further, That the Secretary of Defense shall notify the +congressional defense committees in writing and not fewer than 15 days +prior to obligating funds for any proposed new projects or transfer of +funds between budget sub-activity groups in excess of $20,000,000: +Provided further, That the United States may accept equipment procured +using funds provided under this heading in this or prior Acts that was +transferred to the security forces of Afghanistan and returned by such +forces to the United States: Provided further, That equipment procured +using funds provided under this heading in this or prior Acts, and not +yet transferred to the security forces of Afghanistan or transferred to +the security forces of Afghanistan and returned by such forces to the +United States, may be treated as stocks of the Department of Defense +upon written notification to the congressional defense committees: +Provided further, That of the funds provided under this heading, not +less than $10,000,000 shall be for recruitment and retention of women +in the Afghanistan National Security Forces, and the recruitment and +training of female security personnel: Provided further, That funds +appropriated under this heading and made available for the salaries and +benefits of personnel of the Afghanistan Security Forces may only be +used for personnel who are enrolled in the Afghanistan Personnel and +Pay System: Provided further, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Counter-ISIS Train and Equip Fund + + For the ``Counter-Islamic State of Iraq and Syria Train and Equip +Fund'', $1,195,000,000, to remain available until September 30, 2021: +Provided, That such funds shall be available to the Secretary of +Defense in coordination with the Secretary of State, to provide +assistance, including training; equipment; logistics support, supplies, +and services; stipends; infrastructure repair and renovation; +construction for facility fortification and humane treatment; and +sustainment, to foreign security forces, irregular forces, groups, or +individuals participating, or preparing to participate in activities to +counter the Islamic State of Iraq and Syria, and their affiliated or +associated groups: Provided further, That these funds may be used in +such amounts as the Secretary of Defense may determine to enhance the +border security of nations adjacent to conflict areas including Jordan, +Lebanon, Egypt, and Tunisia resulting from actions of the Islamic State +of Iraq and Syria: Provided further, That amounts made available under +this heading shall be available to provide assistance only for +activities in a country designated by the Secretary of Defense, in +coordination with the Secretary of State, as having a security mission +to counter the Islamic State of Iraq and Syria, and following written +notification to the congressional defense committees of such +designation: Provided further, That the Secretary of Defense shall +ensure that prior to providing assistance to elements of any forces or +individuals, such elements or individuals are appropriately vetted, +including at a minimum, assessing such elements for associations with +terrorist groups or groups associated with the Government of Iran; and +receiving commitments from such elements to promote respect for human +rights and the rule of law: Provided further, That the Secretary of +Defense shall, not fewer than 15 days prior to obligating from this +appropriation account, notify the congressional defense committees in +writing of the details of any such obligation: Provided further, That +the Secretary of Defense may accept and retain contributions, including +assistance in-kind, from foreign governments, including the Government +of Iraq and other entities, to carry out assistance authorized under +this heading: Provided further, That contributions of funds for the +purposes provided herein from any foreign government or other entity +may be credited to this Fund, to remain available until expended, and +used for such purposes: Provided further, That the Secretary of +Defense shall prioritize such contributions when providing any +assistance for construction for facility fortification: Provided +further, That the Secretary of Defense may waive a provision of law +relating to the acquisition of items and support services or sections +40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if +the Secretary determines that such provision of law would prohibit, +restrict, delay or otherwise limit the provision of such assistance and +a notice of and justification for such waiver is submitted to the +congressional defense committees, the Committees on Appropriations and +Foreign Relations of the Senate and the Committees on Appropriations +and Foreign Affairs of the House of Representatives: Provided further, +That the United States may accept equipment procured using funds +provided under this heading, or under the heading, ``Iraq Train and +Equip Fund'' in prior Acts, that was transferred to security forces, +irregular forces, or groups participating, or preparing to participate +in activities to counter the Islamic State of Iraq and Syria and +returned by such forces or groups to the United States, and such +equipment may be treated as stocks of the Department of Defense upon +written notification to the congressional defense committees: Provided +further, That equipment procured using funds provided under this +heading, or under the heading, ``Iraq Train and Equip Fund'' in prior +Acts, and not yet transferred to security forces, irregular forces, or +groups participating, or preparing to participate in activities to +counter the Islamic State of Iraq and Syria may be treated as stocks of +the Department of Defense when determined by the Secretary to no longer +be required for transfer to such forces or groups and upon written +notification to the congressional defense committees: Provided +further, That the Secretary of Defense shall provide quarterly reports +to the congressional defense committees on the use of funds provided +under this heading, including, but not limited to, the number of +individuals trained, the nature and scope of support and sustainment +provided to each group or individual, the area of operations for each +group, and the contributions of other countries, groups, or +individuals: Provided further, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + PROCUREMENT + + Aircraft Procurement, Army + + For an additional amount for ``Aircraft Procurement, Army'', +$531,541,000, to remain available until September 30, 2022: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Missile Procurement, Army + + For an additional amount for ``Missile Procurement, Army'', +$1,423,589,000, to remain available until September 30, 2022: +Provided, That such amount is designated by the Congress for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Procurement of Weapons and Tracked Combat Vehicles, Army + + For an additional amount for ``Procurement of Weapons and Tracked +Combat Vehicles, Army'', $346,306,000, to remain available until +September 30, 2022: Provided, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Procurement of Ammunition, Army + + For an additional amount for ``Procurement of Ammunition, Army'', +$148,682,000, to remain available until September 30, 2022: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Other Procurement, Army + + For an additional amount for ``Other Procurement, Army'', +$1,080,504,000, to remain available until September 30, 2022: +Provided, That such amount is designated by the Congress for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Aircraft Procurement, Navy + + For an additional amount for ``Aircraft Procurement, Navy'', +$95,153,000, to remain available until September 30, 2022: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Weapons Procurement, Navy + + For an additional amount for ``Weapons Procurement, Navy'', +$116,429,000, to remain available until September 30, 2022: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Procurement of Ammunition, Navy and Marine Corps + + For an additional amount for ``Procurement of Ammunition, Navy and +Marine Corps'', $204,814,000, to remain available until September 30, +2022: Provided, That such amount is designated by the Congress for +Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Other Procurement, Navy + + For an additional amount for ``Other Procurement, Navy'', +$351,250,000, to remain available until September 30, 2022: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Procurement, Marine Corps + + For an additional amount for ``Procurement, Marine Corps'', +$20,589,000, to remain available until September 30, 2022: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Aircraft Procurement, Air Force + + For an additional amount for ``Aircraft Procurement, Air Force'', +$851,310,000, to remain available until September 30, 2022: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Missile Procurement, Air Force + + For an additional amount for ``Missile Procurement, Air Force'', +$201,671,000, to remain available until September 30, 2022: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Procurement of Ammunition, Air Force + + For an additional amount for ``Procurement of Ammunition, Air +Force'', $934,758,000, to remain available until September 30, 2022: +Provided, That such amount is designated by the Congress for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Other Procurement, Air Force + + For an additional amount for ``Other Procurement, Air Force'', +$3,748,801,000, to remain available until September 30, 2022: +Provided, That such amount is designated by the Congress for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Procurement, Defense-Wide + + For an additional amount for ``Procurement, Defense-Wide'', +$438,064,000, to remain available until September 30, 2022: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + National Guard and Reserve Equipment Account + + For procurement of rotary-wing aircraft; combat, tactical and +support vehicles; other weapons; and other procurement items for the +reserve components of the Armed Forces, $1,300,000,000, to remain +available for obligation until September 30, 2022: Provided, That the +Chiefs of National Guard and Reserve components shall, not later than +30 days after enactment of this Act, individually submit to the +congressional defense committees the modernization priority assessment +for their respective National Guard or Reserve component: Provided +further, That none of the funds made available by this paragraph may be +used to procure manned fixed wing aircraft, or procure or modify +missiles, munitions, or ammunition: Provided further, That such amount +is designated by the Congress for Overseas Contingency Operations/ +Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + RESEARCH, DEVELOPMENT, TEST AND EVALUATION + + Research, Development, Test and Evaluation, Army + + For an additional amount for ``Research, Development, Test and +Evaluation, Army'', $147,304,000, to remain available until September +30, 2021: Provided, That such amount is designated by the Congress for +Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Research, Development, Test and Evaluation, Navy + + For an additional amount for ``Research, Development, Test and +Evaluation, Navy'', $164,410,000, to remain available until September +30, 2021: Provided, That such amount is designated by the Congress for +Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Research, Development, Test and Evaluation, Air Force + + For an additional amount for ``Research, Development, Test and +Evaluation, Air Force'', $128,248,000, to remain available until +September 30, 2021: Provided, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Research, Development, Test and Evaluation, Defense-Wide + + For an additional amount for ``Research, Development, Test and +Evaluation, Defense-Wide'', $394,260,000, to remain available until +September 30, 2021: Provided, That such amount is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + REVOLVING AND MANAGEMENT FUNDS + + Defense Working Capital Funds + + For an additional amount for ``Defense Working Capital Funds'', +$20,100,000: Provided, That such amount is designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + OTHER DEPARTMENT OF DEFENSE PROGRAMS + + Defense Health Program + + For an additional amount for ``Defense Health Program'', +$347,746,000, which shall be for operation and maintenance: Provided, +That such amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Drug Interdiction and Counter-Drug Activities, Defense + + For an additional amount for ``Drug Interdiction and Counter-Drug +Activities, Defense'', $153,100,000: Provided, That such amount is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985. + + Office of the Inspector General + + For an additional amount for the ``Office of the Inspector +General'', $24,254,000: Provided, That such amount is designated by +the Congress for Overseas Contingency Operations/Global War on +Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 9001. Notwithstanding any other provision of law, funds made +available in this title are in addition to amounts appropriated or +otherwise made available for the Department of Defense for fiscal year +2020. + + (including transfer of funds) + + Sec. 9002. Upon the determination of the Secretary of Defense that +such action is necessary in the national interest, the Secretary may, +with the approval of the Office of Management and Budget, transfer up +to $2,000,000,000 between the appropriations or funds made available to +the Department of Defense in this title: Provided, That the Secretary +shall notify the Congress promptly of each transfer made pursuant to +the authority in this section: Provided further, That the authority +provided in this section is in addition to any other transfer authority +available to the Department of Defense and is subject to the same terms +and conditions as the authority provided in section 8005 of this Act. + Sec. 9003. Supervision and administration costs and costs for +design during construction associated with a construction project +funded with appropriations available for operation and maintenance or +the ``Afghanistan Security Forces Fund'' provided in this Act and +executed in direct support of overseas contingency operations in +Afghanistan, may be obligated at the time a construction contract is +awarded: Provided, That, for the purpose of this section, supervision +and administration costs and costs for design during construction +include all in-house Government costs. + Sec. 9004. From funds made available in this title, the Secretary +of Defense may purchase for use by military and civilian employees of +the Department of Defense in the United States Central Command area of +responsibility: (1) passenger motor vehicles up to a limit of $75,000 +per vehicle; and (2) heavy and light armored vehicles for the physical +security of personnel or for force protection purposes up to a limit of +$450,000 per vehicle, notwithstanding price or other limitations +applicable to the purchase of passenger carrying vehicles. + Sec. 9005. Not to exceed $5,000,000 of the amounts appropriated by +this title under the heading ``Operation and Maintenance, Army'' may be +used, notwithstanding any other provision of law, to fund the +Commanders' Emergency Response Program (CERP), for the purpose of +enabling military commanders in Afghanistan to respond to urgent, +small-scale, humanitarian relief and reconstruction requirements within +their areas of responsibility: Provided, That each project (including +any ancillary or related elements in connection with such project) +executed under this authority shall not exceed $2,000,000: Provided +further, That not later than 45 days after the end of each 6 months of +the fiscal year, the Secretary of Defense shall submit to the +congressional defense committees a report regarding the source of funds +and the allocation and use of funds during that 6-month period that +were made available pursuant to the authority provided in this section +or under any other provision of law for the purposes described herein: +Provided further, That, not later than 30 days after the end of each +fiscal year quarter, the Army shall submit to the congressional defense +committees quarterly commitment, obligation, and expenditure data for +the CERP in Afghanistan: Provided further, That, not less than 15 days +before making funds available pursuant to the authority provided in +this section or under any other provision of law for the purposes +described herein for a project with a total anticipated cost for +completion of $500,000 or more, the Secretary shall submit to the +congressional defense committees a written notice containing each of +the following: + (1) The location, nature and purpose of the proposed project, + including how the project is intended to advance the military + campaign plan for the country in which it is to be carried out. + (2) The budget, implementation timeline with milestones, and + completion date for the proposed project, including any other CERP + funding that has been or is anticipated to be contributed to the + completion of the project. + (3) A plan for the sustainment of the proposed project, + including the agreement with either the host nation, a non- + Department of Defense agency of the United States Government or a + third-party contributor to finance the sustainment of the + activities and maintenance of any equipment or facilities to be + provided through the proposed project. + Sec. 9006. Funds available to the Department of Defense for +operation and maintenance may be used, notwithstanding any other +provision of law, to provide supplies, services, transportation, +including airlift and sealift, and other logistical support to allied +forces participating in a combined operation with the armed forces of +the United States and coalition forces supporting military and +stability operations in Afghanistan and to counter the Islamic State of +Iraq and Syria: Provided, That the Secretary of Defense shall provide +quarterly reports to the congressional defense committees regarding +support provided under this section. + Sec. 9007. None of the funds appropriated or otherwise made +available by this or any other Act shall be obligated or expended by +the United States Government for a purpose as follows: + (1) To establish any military installation or base for the + purpose of providing for the permanent stationing of United States + Armed Forces in Iraq. + (2) To exercise United States control over any oil resource of + Iraq. + (3) To establish any military installation or base for the + purpose of providing for the permanent stationing of United States + Armed Forces in Afghanistan. + Sec. 9008. None of the funds made available in this Act may be +used in contravention of the following laws enacted or regulations +promulgated to implement the United Nations Convention Against Torture +and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at +New York on December 10, 1984): + (1) Section 2340A of title 18, United States Code. + (2) Section 2242 of the Foreign Affairs Reform and + Restructuring Act of 1998 (division G of Public Law 105-277; 112 + Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed + thereto, including regulations under part 208 of title 8, Code of + Federal Regulations, and part 95 of title 22, Code of Federal + Regulations. + (3) Sections 1002 and 1003 of the Department of Defense, + Emergency Supplemental Appropriations to Address Hurricanes in the + Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109- + 148). + Sec. 9009. None of the funds provided for the ``Afghanistan +Security Forces Fund'' (ASFF) may be obligated prior to the approval of +a financial and activity plan by the Afghanistan Resources Oversight +Council (AROC) of the Department of Defense: Provided, That the AROC +must approve the requirement and acquisition plan for any service +requirements in excess of $50,000,000 annually and any non-standard +equipment requirements in excess of $100,000,000 using ASFF: Provided +further, That the Department of Defense must certify to the +congressional defense committees that the AROC has convened and +approved a process for ensuring compliance with the requirements in the +preceding proviso and accompanying report language for the ASFF. + Sec. 9010. Funds made available in this title to the Department of +Defense for operation and maintenance may be used to purchase items +having an investment unit cost of not more than $250,000: Provided, +That, upon determination by the Secretary of Defense that such action +is necessary to meet the operational requirements of a Commander of a +Combatant Command engaged in contingency operations overseas, such +funds may be used to purchase items having an investment item unit cost +of not more than $500,000. + Sec. 9011. Up to $500,000,000 of funds appropriated by this Act +for the Defense Security Cooperation Agency in ``Operation and +Maintenance, Defense-Wide'' may be used to provide assistance to the +Government of Jordan to support the armed forces of Jordan and to +enhance security along its borders. + Sec. 9012. None of the funds made available by this Act under the +heading ``Counter-ISIS Train and Equip Fund'' may be used to procure or +transfer man-portable air defense systems. + Sec. 9013. Of the amounts appropriated in this title under the +heading ``Operation and Maintenance, Defense-Wide'', for the Defense +Security Cooperation Agency, $250,000,000, of which $125,000,000, to +remain available until September 30, 2020, shall be for the Ukraine +Security Assistance Initiative: Provided, That such funds shall be +available to the Secretary of Defense, in coordination with the +Secretary of State, to provide assistance, including training; +equipment; lethal assistance; logistics support, supplies and services; +sustainment; and intelligence support to the military and national +security forces of Ukraine, and for replacement of any weapons or +articles provided to the Government of Ukraine from the inventory of +the United States: Provided further, That of the amounts made +available in this section, $50,000,000 shall be available only for +lethal assistance described in paragraphs (2) and (3) of section +1250(b) of the National Defense Authorization Act for Fiscal Year 2016 +(Public Law 114-92): Provided further, That the Secretary of Defense +shall, not less than 15 days prior to obligating funds provided under +this heading, notify the congressional defense committees in writing of +the details of any such obligation: Provided further, That the +Secretary of Defense shall, not less than 90 days after such +notification is made, inform such committees if such funds have not +been obligated and the reasons therefor: Provided further, That the +United States may accept equipment procured using funds provided under +this heading in this or prior Acts that was transferred to the security +forces of Ukraine and returned by such forces to the United States: +Provided further, That equipment procured using funds provided under +this heading in this or prior Acts, and not yet transferred to the +military or National Security Forces of Ukraine or returned by such +forces to the United States, may be treated as stocks of the Department +of Defense upon written notification to the congressional defense +committees: Provided further, That amounts made available by this +section are designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + Sec. 9014. Funds appropriated in this title shall be available for +replacement of funds for items provided to the Government of Ukraine +from the inventory of the United States to the extent specifically +provided for in section 9013 of this Act. + Sec. 9015. None of the funds made available by this Act under +section 9013 may be used to procure or transfer man-portable air +defense systems. + Sec. 9016. Equipment procured using funds provided in prior Acts +under the heading ``Counterterrorism Partnerships Fund'' for the +program authorized by section 1209 of the Carl Levin and Howard P. +``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 +(Public Law 113-291), and not yet transferred to authorized recipients +may be transferred to foreign security forces, irregular forces, +groups, or individuals, authorized to receive assistance using amounts +provided under the heading ``Counter-ISIS Train and Equip Fund'' in +this Act: Provided, That such equipment may be transferred 15 days +following written notification to the congressional defense committees. + Sec. 9017. (a) None of the funds appropriated or otherwise made +available by this Act under the heading ``Operation and Maintenance, +Defense-Wide'' for payments under section 1233 of Public Law 110-181 +for reimbursement to the Government of Pakistan may be made available +unless the Secretary of Defense, in coordination with the Secretary of +State, certifies to the congressional defense committees that the +Government of Pakistan is-- + (1) cooperating with the United States in counterterrorism + efforts against the Haqqani Network, the Quetta Shura Taliban, + Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic + and foreign terrorist organizations, including taking steps to end + support for such groups and prevent them from basing and operating + in Pakistan and carrying out cross border attacks into neighboring + countries; + (2) not supporting terrorist activities against United States + or coalition forces in Afghanistan, and Pakistan's military and + intelligence agencies are not intervening extra-judicially into + political and judicial processes in Pakistan; + (3) dismantling improvised explosive device (IED) networks and + interdicting precursor chemicals used in the manufacture of IEDs; + (4) preventing the proliferation of nuclear-related material + and expertise; + (5) implementing policies to protect judicial independence and + due process of law; + (6) issuing visas in a timely manner for United States visitors + engaged in counterterrorism efforts and assistance programs in + Pakistan; and + (7) providing humanitarian organizations access to detainees, + internally displaced persons, and other Pakistani civilians + affected by the conflict. + (b) The Secretary of Defense, in coordination with the Secretary of +State, may waive the restriction in subsection (a) on a case-by-case +basis by certifying in writing to the congressional defense committees +that it is in the national security interest to do so: Provided, That +if the Secretary of Defense, in coordination with the Secretary of +State, exercises such waiver authority, the Secretaries shall report to +the congressional defense committees on both the justification for the +waiver and on the requirements of this section that the Government of +Pakistan was not able to meet: Provided further, That such report may +be submitted in classified form if necessary. + + (including transfer of funds) + + Sec. 9018. In addition to amounts otherwise made available in this +Act, $250,000,000 is hereby appropriated to the Department of Defense +and made available for transfer only to the operation and maintenance, +military personnel, and procurement accounts, to improve near-term +intelligence, surveillance, and reconnaissance capabilities and related +processing, exploitation, and dissemination functions of the Department +of Defense: Provided, That the transfer authority provided in this +section is in addition to any other transfer authority provided +elsewhere in this Act: Provided further, That not later than 30 days +prior to exercising the transfer authority provided in this section, +the Secretary of Defense shall submit a report to the congressional +defense committees on the proposed uses of these funds: Provided +further, That the funds provided in this section may not be transferred +to any program, project, or activity specifically limited or denied by +this Act: Provided further, That such funds may not be obligated for +new start efforts: Provided further, That amounts made available by +this section are designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985: +Provided further, That the authority to provide funding under this +section shall terminate on September 30, 2020. + Sec. 9019. None of the funds made available by this Act may be +used with respect to Syria in contravention of the War Powers +Resolution (50 U.S.C. 1541 et seq.), including for the introduction of +United States armed or military forces into hostilities in Syria, into +situations in Syria where imminent involvement in hostilities is +clearly indicated by the circumstances, or into Syrian territory, +airspace, or waters while equipped for combat, in contravention of the +congressional consultation and reporting requirements of sections 3 and +4 of that law (50 U.S.C. 1542 and 1543). + Sec. 9020. None of the funds in this Act may be made available for +the transfer of additional C-130 cargo aircraft to the Afghanistan +National Security Forces or the Afghanistan Air Force until the +Department of Defense provides a report to the congressional defense +committees of the Afghanistan Air Force's medium airlift requirements. +The report should identify Afghanistan's ability to utilize and +maintain existing medium lift aircraft in the inventory and the best +alternative platform, if necessary, to provide additional support to +the Afghanistan Air Force's current medium airlift capacity. + Sec. 9021. Funds available for the Afghanistan Security Forces +Fund may be used to provide limited training, equipment, and other +assistance that would otherwise be prohibited by 10 U.S.C. 362 to a +unit of the security forces of Afghanistan only if the Secretary +certifies to the congressional defense committees, within 30 days of a +decision to provide such assistance, that (1) a denial of such +assistance would present significant risk to U.S. or coalition forces +or significantly undermine United States national security objectives +in Afghanistan; and (2) the Secretary has sought a commitment by the +Government of Afghanistan to take all necessary corrective steps: +Provided, That such certification shall be accompanied by a report +describing: (1) the information relating to the gross violation of +human rights; (2) the circumstances that necessitated the provision of +such assistance; (3) the Afghan security force unit involved; (4) the +assistance provided and the assistance withheld; and (5) the corrective +steps to be taken by the Government of Afghanistan: Provided further, +That every 120 days after the initial report an additional report shall +be submitted detailing the status of any corrective steps taken by the +Government of Afghanistan: Provided further, That if the Government of +Afghanistan has not initiated necessary corrective steps within one +year of the certification, the authority under this section to provide +assistance to such unit shall no longer apply: Provided further, That +the Secretary shall submit a report to such committees detailing the +final disposition of the case by the Government of Afghanistan. + Sec. 9022. None of the funds made available by this Act may be +made available for any member of the Taliban except to support a +reconciliation activity that includes the participation of members of +the Government of Afghanistan, does not restrict the participation of +women, and is authorized by section 1218 of the National Defense +Authorization Act for Fiscal Year 2020. + + (rescissions) + + Sec. 9023. Of the funds appropriated in Department of Defense +Appropriations Acts, the following funds are hereby rescinded from the +following accounts and programs in the specified amounts: Provided, +That such amounts are designated by the Congress for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985: + ``Weapons and Tracked Combat Vehicles, Army'', 2018/2020, + $30,000,000; + ``Aircraft Procurement, Air Force'', 2018/2020, $32,300,000; + ``Operation and Maintenance, Defense-Wide: DSCA Security + Cooperation'', 2019/2020, $55,000,000; + ``Operation and Maintenance, Defense-Wide: Coalition Support + Fund'', 2019/2020, $30,000,000; + ``Afghanistan Security Forces Fund'', 2019/2020, $396,000,000; + ``Counter-ISIS Train and Equip Fund'', 2019/2020, $450,000,000; + ``Missile Procurement, Army'', 2019/2021, $13,176,000; + ``Weapons and Tracked Combat Vehicles, Army'', 2019/2021, + $52,477,000; + ``Other Procurement, Army'', 2019/2021, $8,750,000; + ``Procurement of Ammunition, Navy and Marine Corps'', 2019/ + 2021, $16,574,000; + ``Aircraft Procurement, Air Force'', 2019/2021, $24,713,000; + and + ``Missile Procurement, Air Force'', 2019/2021, $25,752,000. + Sec. 9024. Nothing in this Act may be construed as authorizing the +use of force against Iran. + + TITLE X + + NATURAL DISASTER RELIEF + + OPERATION AND MAINTENANCE + + Operation and Maintenance, Navy + + For an additional amount for ``Operation and Maintenance, Navy'', +$427,000,000, for necessary expenses related to the consequences of +Hurricanes Michael and Florence and flooding and earthquakes occurring +in fiscal year 2019: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Operation and Maintenance, Marine Corps + + For an additional amount for ``Operation and Maintenance, Marine +Corps'', $394,000,000, for necessary expenses related to the +consequences of Hurricanes Michael and Florence and flooding and +earthquakes occurring in fiscal year 2019: Provided, That such amount +is designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Air Force + + For an additional amount for ``Operation and Maintenance, Air +Force'', $110,000,000, for necessary expenses related to the +consequences of Hurricanes Michael and Florence and flooding and +earthquakes occurring in fiscal year 2019: Provided, That such amount +is designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Operation and Maintenance, Army National Guard + + For an additional amount for ``Operation and Maintenance, Army +National Guard'', $45,700,000, for necessary expenses related to the +consequences of Hurricanes Michael and Florence and flooding and +earthquakes occurring in fiscal year 2019: Provided, That such amount +is designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + PROCUREMENT + + Other Procurement, Navy + + For an additional amount for ``Other Procurement, Navy'' +$75,015,000, for necessary expenses related to the consequences of +Hurricanes Michael and Florence and flooding and earthquakes occurring +in fiscal year 2019: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Procurement, Marine Corps + + For an additional amount for ``Procurement, Marine Corps'' +$73,323,000, for necessary expenses related to the consequences of +Hurricanes Michael and Florence and flooding and earthquakes occurring +in fiscal year 2019: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Aircraft Procurement, Air Force + + For an additional amount for ``Aircraft Procurement, Air Force'' +$204,448,000, for necessary expenses related to the consequences of +Hurricanes Michael and Florence and flooding and earthquakes occurring +in fiscal year 2019: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Other Procurement, Air Force + + For an additional amount for ``Other Procurement, Air Force'' +$77,974,000, for necessary expenses related to the consequences of +Hurricanes Michael and Florence and flooding and earthquakes occurring +in fiscal year 2019: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Research, Development, Test and Evaluation, Navy + + For an additional amount for ``Research, Development, Test and +Evaluation, Navy'' $130,444,000, for necessary expenses related to the +consequences of Hurricanes Michael and Florence and flooding and +earthquakes occurring in fiscal year 2019: Provided, That such amount +is designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + REVOLVING AND MANAGEMENT FUNDS + + Defense Working Capital Funds + + For an additional amount for ``Defense Working Capital Funds'' for +the Navy Working Capital Fund, $233,500,000, for necessary expenses +related to the consequences of Hurricanes Michael and Florence and +flooding and earthquakes occurring in fiscal year 2019: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + GENERAL PROVISION--THIS TITLE + + Sec. 10001. Notwithstanding any other provision of law, funds made +available under each heading in this title shall only be used for the +purposes specifically described under that heading. + This division may be cited as the ``Department of Defense +Appropriations Act, 2020''. + + DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES + APPROPRIATIONS ACT, 2020 + + TITLE I + + DEPARTMENT OF COMMERCE + + International Trade Administration + + operations and administration + + For necessary expenses for international trade activities of the +Department of Commerce provided for by law, to carry out activities +associated with facilitating, attracting, and retaining business +investment in the United States, and for engaging in trade promotional +activities abroad, including expenses of grants and cooperative +agreements for the purpose of promoting exports of United States firms, +without regard to sections 3702 and 3703 of title 44, United States +Code; full medical coverage for dependent members of immediate families +of employees stationed overseas and employees temporarily posted +overseas; travel and transportation of employees of the International +Trade Administration between two points abroad, without regard to +section 40118 of title 49, United States Code; employment of citizens +of the United States and aliens by contract for services; rental of +space abroad for periods not exceeding 10 years, and expenses of +alteration, repair, or improvement; purchase or construction of +temporary demountable exhibition structures for use abroad; payment of +tort claims, in the manner authorized in the first paragraph of section +2672 of title 28, United States Code, when such claims arise in foreign +countries; not to exceed $294,300 for official representation expenses +abroad; purchase of passenger motor vehicles for official use abroad, +not to exceed $45,000 per vehicle; obtaining insurance on official +motor vehicles; and rental of tie lines, $521,250,000, of which +$70,000,000 shall remain available until September 30, 2021: Provided, +That $11,000,000 is to be derived from fees to be retained and used by +the International Trade Administration, notwithstanding section 3302 of +title 31, United States Code: Provided further, That, of amounts +provided under this heading, not less than $16,400,000 shall be for +China antidumping and countervailing duty enforcement and compliance +activities: Provided further, That the provisions of the first +sentence of section 105(f) and all of section 108(c) of the Mutual +Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and +2458(c)) shall apply in carrying out these activities; and that for the +purpose of this Act, contributions under the provisions of the Mutual +Educational and Cultural Exchange Act of 1961 shall include payment for +assessments for services provided as part of these activities. + + Bureau of Industry and Security + + operations and administration + + For necessary expenses for export administration and national +security activities of the Department of Commerce, including costs +associated with the performance of export administration field +activities both domestically and abroad; full medical coverage for +dependent members of immediate families of employees stationed +overseas; employment of citizens of the United States and aliens by +contract for services abroad; payment of tort claims, in the manner +authorized in the first paragraph of section 2672 of title 28, United +States Code, when such claims arise in foreign countries; not to exceed +$13,500 for official representation expenses abroad; awards of +compensation to informers under the Export Control Reform Act of 2018 +(subtitle B of title XVII of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat. +2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the +Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of +passenger motor vehicles for official use and motor vehicles for law +enforcement use with special requirement vehicles eligible for purchase +without regard to any price limitation otherwise established by law, +$127,652,000, to remain available until expended: Provided, That the +provisions of the first sentence of section 105(f) and all of section +108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 +U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these +activities: Provided further, That payments and contributions +collected and accepted for materials or services provided as part of +such activities may be retained for use in covering the cost of such +activities, and for providing information to the public with respect to +the export administration and national security activities of the +Department of Commerce and other export control programs of the United +States and other governments. + + Economic Development Administration + + economic development assistance programs + + For grants for economic development assistance as provided by the +Public Works and Economic Development Act of 1965, for trade adjustment +assistance, and for grants authorized by sections 27 and 28 of the +Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and +3723), $292,500,000, to remain available until expended, of which +$33,000,000 shall be for grants under such section 27 and $2,000,000 +shall be for grants under such section 28. + + salaries and expenses + + For necessary expenses of administering the economic development +assistance programs as provided for by law, $40,500,000: Provided, +That these funds may be used to monitor projects approved pursuant to +title I of the Public Works Employment Act of 1976, title II of the +Trade Act of 1974, sections 27 and 28 of the Stevenson-Wydler +Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), and the +Community Emergency Drought Relief Act of 1977. + + Minority Business Development Agency + + minority business development + + For necessary expenses of the Department of Commerce in fostering, +promoting, and developing minority business enterprises, including +expenses of grants, contracts, and other agreements with public or +private organizations, $42,000,000, of which not more than $15,500,000 +shall be available for overhead expenses, including salaries and +expenses, rent, utilities, and information technology services. + + Economic and Statistical Analysis + + salaries and expenses + + For necessary expenses, as authorized by law, of economic and +statistical analysis programs of the Department of Commerce, +$107,990,000, to remain available until September 30, 2021. + + Bureau of the Census + + current surveys and programs + + For necessary expenses for collecting, compiling, analyzing, +preparing, and publishing statistics, provided for by law, +$274,000,000: Provided, That, from amounts provided herein, funds may +be used for promotion, outreach, and marketing activities. + + periodic censuses and programs + + (including transfer of funds) + + For necessary expenses for collecting, compiling, analyzing, +preparing, and publishing statistics for periodic censuses and programs +provided for by law, $7,284,319,000, to remain available until +September 30, 2021: Provided, That, from amounts provided herein, +funds may be used for promotion, outreach, and marketing activities: +Provided further, That within the amounts appropriated, $3,556,000 +shall be transferred to the ``Office of Inspector General'' account for +activities associated with carrying out investigations and audits +related to the Bureau of the Census: Provided further, That of the +amount provided under this heading, $2,500,000,000 is designated by the +Congress as being for the 2020 Census pursuant to section 251(b)(2)(G) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + National Telecommunications and Information Administration + + salaries and expenses + + For necessary expenses, as provided for by law, of the National +Telecommunications and Information Administration (NTIA), $40,441,000, +to remain available until September 30, 2021: Provided, That, +notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall +charge Federal agencies for costs incurred in spectrum management, +analysis, operations, and related services, and such fees shall be +retained and used as offsetting collections for costs of such spectrum +services, to remain available until expended: Provided further, That +the Secretary of Commerce is authorized to retain and use as offsetting +collections all funds transferred, or previously transferred, from +other Government agencies for all costs incurred in telecommunications +research, engineering, and related activities by the Institute for +Telecommunication Sciences of NTIA, in furtherance of its assigned +functions under this paragraph, and such funds received from other +Government agencies shall remain available until expended. + + public telecommunications facilities, planning and construction + + For the administration of prior-year grants, recoveries and +unobligated balances of funds previously appropriated are available for +the administration of all open grants until their expiration. + + United States Patent and Trademark Office + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the United States Patent and Trademark +Office (USPTO) provided for by law, including defense of suits +instituted against the Under Secretary of Commerce for Intellectual +Property and Director of the USPTO, $3,450,681,000, to remain available +until expended: Provided, That the sum herein appropriated from the +general fund shall be reduced as offsetting collections of fees and +surcharges assessed and collected by the USPTO under any law are +received during fiscal year 2020, so as to result in a fiscal year 2020 +appropriation from the general fund estimated at $0: Provided further, +That during fiscal year 2020, should the total amount of such +offsetting collections be less than $3,450,681,000, this amount shall +be reduced accordingly: Provided further, That any amount received in +excess of $3,450,681,000 in fiscal year 2020 and deposited in the +Patent and Trademark Fee Reserve Fund shall remain available until +expended: Provided further, That the Director of USPTO shall submit a +spending plan to the Committees on Appropriations of the House of +Representatives and the Senate for any amounts made available by the +preceding proviso and such spending plan shall be treated as a +reprogramming under section 505 of this Act and shall not be available +for obligation or expenditure except in compliance with the procedures +set forth in that section: Provided further, That any amounts +reprogrammed in accordance with the preceding proviso shall be +transferred to the United States Patent and Trademark Office ``Salaries +and Expenses'' account: Provided further, That from amounts provided +herein, not to exceed $900 shall be made available in fiscal year 2020 +for official reception and representation expenses: Provided further, +That in fiscal year 2020 from the amounts made available for ``Salaries +and Expenses'' for the USPTO, the amounts necessary to pay (1) the +difference between the percentage of basic pay contributed by the USPTO +and employees under section 8334(a) of title 5, United States Code, and +the normal cost percentage (as defined by section 8331(17) of that +title) as provided by the Office of Personnel Management (OPM) for +USPTO's specific use, of basic pay, of employees subject to subchapter +III of chapter 83 of that title, and (2) the present value of the +otherwise unfunded accruing costs, as determined by OPM for USPTO's +specific use of post-retirement life insurance and post-retirement +health benefits coverage for all USPTO employees who are enrolled in +Federal Employees Health Benefits (FEHB) and Federal Employees Group +Life Insurance (FEGLI), shall be transferred to the Civil Service +Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB +Fund, as appropriate, and shall be available for the authorized +purposes of those accounts: Provided further, That any differences +between the present value factors published in OPM's yearly 300 series +benefit letters and the factors that OPM provides for USPTO's specific +use shall be recognized as an imputed cost on USPTO's financial +statements, where applicable: Provided further, That, notwithstanding +any other provision of law, all fees and surcharges assessed and +collected by USPTO are available for USPTO only pursuant to section +42(c) of title 35, United States Code, as amended by section 22 of the +Leahy-Smith America Invents Act (Public Law 112-29): Provided further, +That within the amounts appropriated, $2,000,000 shall be transferred +to the ``Office of Inspector General'' account for activities +associated with carrying out investigations and audits related to the +USPTO. + + National Institute of Standards and Technology + + scientific and technical research and services + + (including transfer of funds) + + For necessary expenses of the National Institute of Standards and +Technology (NIST), $754,000,000, to remain available until expended, of +which not to exceed $9,000,000 may be transferred to the ``Working +Capital Fund'': Provided, That not to exceed $5,000 shall be for +official reception and representation expenses: Provided further, That +NIST may provide local transportation for summer undergraduate research +fellowship program participants. + + industrial technology services + + For necessary expenses for industrial technology services, +$162,000,000, to remain available until expended, of which $146,000,000 +shall be for the Hollings Manufacturing Extension Partnership, and of +which $16,000,000 shall be for the National Network for Manufacturing +Innovation (also known as ``Manufacturing USA''). + + construction of research facilities + + For construction of new research facilities, including +architectural and engineering design, and for renovation and +maintenance of existing facilities, not otherwise provided for the +National Institute of Standards and Technology, as authorized by +sections 13 through 15 of the National Institute of Standards and +Technology Act (15 U.S.C. 278c-278e), $118,000,000, to remain available +until expended: Provided, That the Secretary of Commerce shall include +in the budget justification materials that the Secretary submits to +Congress in support of the Department of Commerce budget (as submitted +with the budget of the President under section 1105(a) of title 31, +United States Code) an estimate for each National Institute of +Standards and Technology construction project having a total multi-year +program cost of more than $5,000,000, and simultaneously the budget +justification materials shall include an estimate of the budgetary +requirements for each such project for each of the 5 subsequent fiscal +years. + + National Oceanic and Atmospheric Administration + + operations, research, and facilities + + (including transfer of funds) + + For necessary expenses of activities authorized by law for the +National Oceanic and Atmospheric Administration, including maintenance, +operation, and hire of aircraft and vessels; pilot programs for state- +led fisheries management, notwithstanding any other provision of law; +grants, contracts, or other payments to nonprofit organizations for the +purposes of conducting activities pursuant to cooperative agreements; +and relocation of facilities, $3,763,939,000, to remain available until +September 30, 2021: Provided, That fees and donations received by the +National Ocean Service for the management of national marine +sanctuaries may be retained and used for the salaries and expenses +associated with those activities, notwithstanding section 3302 of title +31, United States Code: Provided further, That in addition, +$174,774,000 shall be derived by transfer from the fund entitled +``Promote and Develop Fishery Products and Research Pertaining to +American Fisheries'', which shall only be used for fishery activities +related to the Saltonstall-Kennedy Grant Program; Fisheries Data +Collections, Surveys and Assessments; and Interjurisdictional Fisheries +Grants: Provided further, That not to exceed $62,070,000 shall be for +payment to the Department of Commerce Working Capital Fund: Provided +further, That of the $3,956,213,000 provided for in direct obligations +under this heading, $3,763,939,000 is appropriated from the general +fund, $174,774,000 is provided by transfer, and $17,500,000 is derived +from recoveries of prior year obligations: Provided further, That any +deviation from the amounts designated for specific activities in the +explanatory statement described in section 4 (in the matter preceding +division A of this consolidated Act), or any use of deobligated +balances of funds provided under this heading in previous years, shall +be subject to the procedures set forth in section 505 of this Act: +Provided further, That in addition, for necessary retired pay expenses +under the Retired Serviceman's Family Protection and Survivor Benefits +Plan, and for payments for the medical care of retired personnel and +their dependents under the Dependents' Medical Care Act (10 U.S.C. ch. +55), such sums as may be necessary: Provided further, That the +Administrator of the National Oceanic and Atmospheric Administration +submit to Congress a report on existing supercomputing capacity and +needs of the Administration and on the incremental improvement to +operational weather forecasts that would result from a significant +investment in additional compute capacity. + + procurement, acquisition and construction + + (including transfer of funds) + + For procurement, acquisition and construction of capital assets, +including alteration and modification costs, of the National Oceanic +and Atmospheric Administration, $1,530,890,000, to remain available +until September 30, 2022, except that funds provided for acquisition +and construction of vessels and construction of facilities shall remain +available until expended: Provided, That of the $1,543,890,000 +provided for in direct obligations under this heading, $1,530,890,000 +is appropriated from the general fund and $13,000,000 is provided from +recoveries of prior year obligations: Provided further, That any +deviation from the amounts designated for specific activities in the +explanatory statement described in section 4 (in the matter preceding +division A of this consolidated Act), or any use of deobligated +balances of funds provided under this heading in previous years, shall +be subject to the procedures set forth in section 505 of this Act: +Provided further, That the Secretary of Commerce shall include in +budget justification materials that the Secretary submits to Congress +in support of the Department of Commerce budget (as submitted with the +budget of the President under section 1105(a) of title 31, United +States Code) an estimate for each National Oceanic and Atmospheric +Administration procurement, acquisition or construction project having +a total of more than $5,000,000 and simultaneously the budget +justification shall include an estimate of the budgetary requirements +for each such project for each of the 5 subsequent fiscal years: +Provided further, That, within the amounts appropriated, $1,302,000 +shall be transferred to the ``Office of Inspector General'' account for +activities associated with carrying out investigations and audits +related to satellite procurement, acquisition and construction. + + pacific coastal salmon recovery + + For necessary expenses associated with the restoration of Pacific +salmon populations, $65,000,000, to remain available until September +30, 2021: Provided, That, of the funds provided herein, the Secretary +of Commerce may issue grants to the States of Washington, Oregon, +Idaho, Nevada, California, and Alaska, and to the Federally recognized +tribes of the Columbia River and Pacific Coast (including Alaska), for +projects necessary for conservation of salmon and steelhead populations +that are listed as threatened or endangered, or that are identified by +a State as at-risk to be so listed, for maintaining populations +necessary for exercise of tribal treaty fishing rights or native +subsistence fishing, or for conservation of Pacific coastal salmon and +steelhead habitat, based on guidelines to be developed by the Secretary +of Commerce: Provided further, That all funds shall be allocated based +on scientific and other merit principles and shall not be available for +marketing activities: Provided further, That funds disbursed to States +shall be subject to a matching requirement of funds or documented in- +kind contributions of at least 33 percent of the Federal funds. + + fishermen's contingency fund + + For carrying out the provisions of title IV of Public Law 95-372, +not to exceed $349,000, to be derived from receipts collected pursuant +to that Act, to remain available until expended. + + fisheries finance program account + + Subject to section 502 of the Congressional Budget Act of 1974, +during fiscal year 2020, obligations of direct loans may not exceed +$24,000,000 for Individual Fishing Quota loans and not to exceed +$100,000,000 for traditional direct loans as authorized by the Merchant +Marine Act of 1936. + + Departmental Management + + salaries and expenses + + For necessary expenses for the management of the Department of +Commerce provided for by law, including not to exceed $4,500 for +official reception and representation, $61,000,000: Provided, That no +employee of the Department of Commerce may be detailed or assigned from +a bureau or office funded by this Act or any other Act to offices +within the Office of the Secretary of the Department of Commerce for +more than 30 days in a fiscal year unless the individual's employing +bureau or office is fully reimbursed for the salary and expenses of the +employee for the entire period of assignment using funds provided under +this heading: Provided further, That of the funds provided under this +heading, $15,000,000 shall be withheld from obligation until the +Secretary updates and resubmits to the Committees on Appropriations of +the House of Representatives and the Senate the plan for expenditure +described in the third proviso under the heading ``Bureau of the +Census--Periodic Censuses and Programs'' in division C of Public Law +116-6. + + renovation and modernization + + For necessary expenses for the renovation and modernization of the +Herbert C. Hoover Building, $1,000,000, to remain available until +expended. + + office of inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978 (5 +U.S.C. App.), $35,000,000: Provided, That notwithstanding section +6413(b) of the Middle Class Tax Relief and Job Creation Act of 2012 +(Public Law 112-96), $2,000,000, to remain available until expended, +from the amounts provided under this heading, shall be derived from the +Public Safety Trust Fund for activities associated with carrying out +investigations and audits related to the First Responder Network +Authority (FirstNet). + + General Provisions--Department of Commerce + + (including transfer of funds) + + Sec. 101. During the current fiscal year, applicable +appropriations and funds made available to the Department of Commerce +by this Act shall be available for the activities specified in the Act +of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner +prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used +for advanced payments not otherwise authorized only upon the +certification of officials designated by the Secretary of Commerce that +such payments are in the public interest. + Sec. 102. During the current fiscal year, appropriations made +available to the Department of Commerce by this Act for salaries and +expenses shall be available for hire of passenger motor vehicles as +authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 +U.S.C. 3109; and uniforms or allowances therefor, as authorized by law +(5 U.S.C. 5901-5902). + Sec. 103. Not to exceed 5 percent of any appropriation made +available for the current fiscal year for the Department of Commerce in +this Act may be transferred between such appropriations, but no such +appropriation shall be increased by more than 10 percent by any such +transfers: Provided, That any transfer pursuant to this section shall +be treated as a reprogramming of funds under section 505 of this Act +and shall not be available for obligation or expenditure except in +compliance with the procedures set forth in that section: Provided +further, That the Secretary of Commerce shall notify the Committees on +Appropriations at least 15 days in advance of the acquisition or +disposal of any capital asset (including land, structures, and +equipment) not specifically provided for in this Act or any other law +appropriating funds for the Department of Commerce. + Sec. 104. The requirements set forth by section 105 of the +Commerce, Justice, Science, and Related Agencies Appropriations Act, +2012 (Public Law 112-55), as amended by section 105 of title I of +division B of Public Law 113-6, are hereby adopted by reference and +made applicable with respect to fiscal year 2020: Provided, That the +life cycle cost for the Joint Polar Satellite System is $11,322,125,000 +and the life cycle cost for the Geostationary Operational Environmental +Satellite R-Series Program is $10,828,059,000. + Sec. 105. Notwithstanding any other provision of law, the +Secretary may furnish services (including but not limited to utilities, +telecommunications, and security services) necessary to support the +operation, maintenance, and improvement of space that persons, firms, +or organizations are authorized, pursuant to the Public Buildings +Cooperative Use Act of 1976 or other authority, to use or occupy in the +Herbert C. Hoover Building, Washington, DC, or other buildings, the +maintenance, operation, and protection of which has been delegated to +the Secretary from the Administrator of General Services pursuant to +the Federal Property and Administrative Services Act of 1949 on a +reimbursable or non-reimbursable basis. Amounts received as +reimbursement for services provided under this section or the authority +under which the use or occupancy of the space is authorized, up to +$200,000, shall be credited to the appropriation or fund which +initially bears the costs of such services. + Sec. 106. Nothing in this title shall be construed to prevent a +grant recipient from deterring child pornography, copyright +infringement, or any other unlawful activity over its networks. + Sec. 107. The Administrator of the National Oceanic and +Atmospheric Administration is authorized to use, with their consent, +with reimbursement and subject to the limits of available +appropriations, the land, services, equipment, personnel, and +facilities of any department, agency, or instrumentality of the United +States, or of any State, local government, Indian tribal government, +Territory, or possession, or of any political subdivision thereof, or +of any foreign government or international organization, for purposes +related to carrying out the responsibilities of any statute +administered by the National Oceanic and Atmospheric Administration. + Sec. 108. The National Technical Information Service shall not +charge any customer for a copy of any report or document generated by +the Legislative Branch unless the Service has provided information to +the customer on how an electronic copy of such report or document may +be accessed and downloaded for free online. Should a customer still +require the Service to provide a printed or digital copy of the report +or document, the charge shall be limited to recovering the Service's +cost of processing, reproducing, and delivering such report or +document. + Sec. 109. To carry out the responsibilities of the National +Oceanic and Atmospheric Administration (NOAA), the Administrator of +NOAA is authorized to: (1) enter into grants and cooperative agreements +with; (2) use on a non-reimbursable basis land, services, equipment, +personnel, and facilities provided by; and (3) receive and expend funds +made available on a consensual basis from: a Federal agency, State or +subdivision thereof, local government, tribal government, territory, or +possession or any subdivisions thereof: Provided, That funds received +for permitting and related regulatory activities pursuant to this +section shall be deposited under the heading ``National Oceanic and +Atmospheric Administration--Operations, Research, and Facilities'' and +shall remain available until September 30, 2022, for such purposes: +Provided further, That all funds within this section and their +corresponding uses are subject to section 505 of this Act. + Sec. 110. Amounts provided by this Act or by any prior +appropriations Act that remain available for obligation, for necessary +expenses of the programs of the Economics and Statistics Administration +of the Department of Commerce, including amounts provided for programs +of the Bureau of Economic Analysis and the Bureau of the Census, shall +be available for expenses of cooperative agreements with appropriate +entities, including any Federal, State, or local governmental unit, or +institution of higher education, to aid and promote statistical, +research, and methodology activities which further the purposes for +which such amounts have been made available. + Sec. 111. (a) There is hereby established in the Treasury of the +United States a fund to be known as the ``Department of Commerce +Nonrecurring Expenses Fund'' (the Fund): Provided, That unobligated +balances of expired discretionary funds appropriated for this or any +succeeding fiscal year from the General Fund of the Treasury to the +Department of Commerce by this or any other Act may be transferred (not +later than the end of the fifth fiscal year after the last fiscal year +for which such funds are available for the purposes for which +appropriated) into the Fund: Provided further, That amounts deposited +in the Fund shall be available until expended, and in addition to such +other funds as may be available for such purposes, for information and +business technology system modernization and facilities infrastructure +improvements necessary for the operation of the Department, subject to +approval by the Office of Management and Budget: Provided further, +That amounts in the Fund may be obligated only after the Committees on +Appropriations of the House of Representatives and the Senate are +notified at least 15 days in advance of the planned use of funds. + (b) In addition to amounts otherwise made available by this Act, +there is appropriated $20,000,000, to remain available until September +30, 2022, to the Fund for necessary expenses for a business application +system modernization. + Sec. 112. Not later than thirty days after the date of the +enactment of this Act, using amounts appropriated or otherwise made +available in this title for the Bureau of Industry and Security for +operations and administration, the Secretary of Commerce shall-- + (1) publish in the Federal Register the report on the findings + of the investigation into the effect on national security of + imports of automobiles and automotive parts that the Secretary + initiated on May 23, 2018, under section 232(b) of the Trade + Expansion Act of 1962 (19 U.S.C. 1862(b)), as required under + paragraph (3)(B) of that section; and + (2) submit to Congress any portion of the report that contains + classified information, which may be viewed only by Members of + Congress and their staff with appropriate security clearances. + This title may be cited as the ``Department of Commerce +Appropriations Act, 2020''. + + TITLE II + + DEPARTMENT OF JUSTICE + + General Administration + + salaries and expenses + + For expenses necessary for the administration of the Department of +Justice, $114,740,000, of which not to exceed $4,000,000 for security +and construction of Department of Justice facilities shall remain +available until expended. + + justice information sharing technology + + (including transfer of funds) + + For necessary expenses for information sharing technology, +including planning, development, deployment and departmental direction, +$33,875,000, to remain available until expended: Provided, That the +Attorney General may transfer up to $40,000,000 to this account, from +funds available to the Department of Justice for information +technology, to remain available until expended, for enterprise-wide +information technology initiatives: Provided further, That the +transfer authority in the preceding proviso is in addition to any other +transfer authority contained in this Act: Provided further, That any +transfer pursuant to the first proviso shall be treated as a +reprogramming under section 505 of this Act and shall not be available +for obligation or expenditure except in compliance with the procedures +set forth in that section. + + Executive Office for Immigration Review + + (including transfer of funds) + + For expenses necessary for the administration of immigration- +related activities of the Executive Office for Immigration Review, +$672,966,000, of which $4,000,000 shall be derived by transfer from the +Executive Office for Immigration Review fees deposited in the +``Immigration Examinations Fee'' account, and of which not less than +$18,000,000 shall be available for services and activities provided by +the Legal Orientation Program: Provided, That not to exceed +$35,000,000 of the total amount made available under this heading shall +remain available until expended. + + Office of Inspector General + + For necessary expenses of the Office of Inspector General, +$105,000,000, including not to exceed $10,000 to meet unforeseen +emergencies of a confidential character: Provided, That not to exceed +$2,000,000 shall remain available until September 30, 2021. + + United States Parole Commission + + salaries and expenses + + For necessary expenses of the United States Parole Commission as +authorized, $13,308,000: Provided, That, notwithstanding any other +provision of law, upon the expiration of a term of office of a +Commissioner, the Commissioner may continue to act until a successor +has been appointed. + + Legal Activities + + salaries and expenses, general legal activities + + For expenses necessary for the legal activities of the Department +of Justice, not otherwise provided for, including not to exceed $20,000 +for expenses of collecting evidence, to be expended under the direction +of, and to be accounted for solely under the certificate of, the +Attorney General; the administration of pardon and clemency petitions; +and rent of private or Government-owned space in the District of +Columbia, $920,000,000, of which not to exceed $20,000,000 for +litigation support contracts shall remain available until expended: +Provided, That of the amount provided for INTERPOL Washington dues +payments, not to exceed $685,000 shall remain available until expended: + Provided further, That of the total amount appropriated, not to exceed +$9,000 shall be available to INTERPOL Washington for official reception +and representation expenses: Provided further, That notwithstanding +section 205 of this Act, upon a determination by the Attorney General +that emergent circumstances require additional funding for litigation +activities of the Civil Division, the Attorney General may transfer +such amounts to ``Salaries and Expenses, General Legal Activities'' +from available appropriations for the current fiscal year for the +Department of Justice, as may be necessary to respond to such +circumstances: Provided further, That any transfer pursuant to the +preceding proviso shall be treated as a reprogramming under section 505 +of this Act and shall not be available for obligation or expenditure +except in compliance with the procedures set forth in that section: +Provided further, That of the amount appropriated, such sums as may be +necessary shall be available to the Civil Rights Division for salaries +and expenses associated with the election monitoring program under +section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to +reimburse the Office of Personnel Management for such salaries and +expenses: Provided further, That of the amounts provided under this +heading for the election monitoring program, $3,390,000 shall remain +available until expended: Provided further, That of the amount +appropriated, not less than $193,715,000 shall be available for the +Criminal Division, including related expenses for the Mutual Legal +Assistance Treaty Program. + In addition, for reimbursement of expenses of the Department of +Justice associated with processing cases under the National Childhood +Vaccine Injury Act of 1986, not to exceed $13,000,000, to be +appropriated from the Vaccine Injury Compensation Trust Fund. + + salaries and expenses, antitrust division + + For expenses necessary for the enforcement of antitrust and kindred +laws, $166,755,000, to remain available until expended: Provided, That +notwithstanding any other provision of law, fees collected for +premerger notification filings under the Hart-Scott-Rodino Antitrust +Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of +collection (and estimated to be $141,000,000 in fiscal year 2020), +shall be retained and used for necessary expenses in this +appropriation, and shall remain available until expended: Provided +further, That the sum herein appropriated from the general fund shall +be reduced as such offsetting collections are received during fiscal +year 2020, so as to result in a final fiscal year 2020 appropriation +from the general fund estimated at $25,755,000. + + salaries and expenses, united states attorneys + + For necessary expenses of the Offices of the United States +Attorneys, including inter-governmental and cooperative agreements, +$2,254,541,000: Provided, That of the total amount appropriated, not +to exceed $7,200 shall be available for official reception and +representation expenses: Provided further, That not to exceed +$25,000,000 shall remain available until expended: Provided further, +That each United States Attorney shall establish or participate in a +task force on human trafficking. + + united states trustee system fund + + For necessary expenses of the United States Trustee Program, as +authorized, $227,229,000, to remain available until expended: +Provided, That, notwithstanding any other provision of law, deposits to +the United States Trustee System Fund and amounts herein appropriated +shall be available in such amounts as may be necessary to pay refunds +due depositors: Provided further, That, notwithstanding any other +provision of law, fees deposited into the Fund pursuant to section +589a(b) of title 28, United States Code (as limited by section 1004(b) +of the Bankruptcy Judgeship Act of 2017 (division B of Public Law 115- +72)), shall be retained and used for necessary expenses in this +appropriation and shall remain available until expended: Provided +further, That to the extent that fees deposited into the Fund in fiscal +year 2020, net of amounts necessary to pay refunds due depositors, +exceed $227,229,000, those excess amounts shall be available in future +fiscal years only to the extent provided in advance in appropriations +Acts: Provided further, That the sum herein appropriated from the +general fund shall be reduced (1) as such fees are received during +fiscal year 2020, net of amounts necessary to pay refunds due +depositors, (estimated at $309,000,000) and (2) to the extent that any +remaining general fund appropriations can be derived from amounts +deposited in the Fund in previous fiscal years that are not otherwise +appropriated, so as to result in a final fiscal year 2020 appropriation +from the general fund estimated at $0. + + salaries and expenses, foreign claims settlement commission + + For expenses necessary to carry out the activities of the Foreign +Claims Settlement Commission, including services as authorized by +section 3109 of title 5, United States Code, $2,335,000. + + fees and expenses of witnesses + + For fees and expenses of witnesses, for expenses of contracts for +the procurement and supervision of expert witnesses, for private +counsel expenses, including advances, and for expenses of foreign +counsel, $270,000,000, to remain available until expended, of which not +to exceed $16,000,000 is for construction of buildings for protected +witness safesites; not to exceed $3,000,000 is for the purchase and +maintenance of armored and other vehicles for witness security +caravans; and not to exceed $18,000,000 is for the purchase, +installation, maintenance, and upgrade of secure telecommunications +equipment and a secure automated information network to store and +retrieve the identities and locations of protected witnesses: +Provided, That amounts made available under this heading may not be +transferred pursuant to section 205 of this Act. + + salaries and expenses, community relations service + + (including transfer of funds) + + For necessary expenses of the Community Relations Service, +$16,000,000: Provided, That notwithstanding section 205 of this Act, +upon a determination by the Attorney General that emergent +circumstances require additional funding for conflict resolution and +violence prevention activities of the Community Relations Service, the +Attorney General may transfer such amounts to the Community Relations +Service, from available appropriations for the current fiscal year for +the Department of Justice, as may be necessary to respond to such +circumstances: Provided further, That any transfer pursuant to the +preceding proviso shall be treated as a reprogramming under section 505 +of this Act and shall not be available for obligation or expenditure +except in compliance with the procedures set forth in that section. + + assets forfeiture fund + + For expenses authorized by subparagraphs (B), (F), and (G) of +section 524(c)(1) of title 28, United States Code, $20,514,000, to be +derived from the Department of Justice Assets Forfeiture Fund. + + United States Marshals Service + + salaries and expenses + + For necessary expenses of the United States Marshals Service, +$1,430,000,000, of which not to exceed $6,000 shall be available for +official reception and representation expenses, and not to exceed +$25,000,000 shall remain available until expended. + + construction + + For construction in space controlled, occupied or utilized by the +United States Marshals Service for prisoner holding and related +support, $15,000,000, to remain available until expended. + + federal prisoner detention + + For necessary expenses related to United States prisoners in the +custody of the United States Marshals Service as authorized by section +4013 of title 18, United States Code, $1,867,461,000, to remain +available until expended: Provided, That not to exceed $20,000,000 +shall be considered ``funds appropriated for State and local law +enforcement assistance'' pursuant to section 4013(b) of title 18, +United States Code: Provided further, That the United States Marshals +Service shall be responsible for managing the Justice Prisoner and +Alien Transportation System. + + National Security Division + + salaries and expenses + + (including transfer of funds) + + For expenses necessary to carry out the activities of the National +Security Division, $110,000,000, of which not to exceed $5,000,000 for +information technology systems shall remain available until expended: +Provided, That notwithstanding section 205 of this Act, upon a +determination by the Attorney General that emergent circumstances +require additional funding for the activities of the National Security +Division, the Attorney General may transfer such amounts to this +heading from available appropriations for the current fiscal year for +the Department of Justice, as may be necessary to respond to such +circumstances: Provided further, That any transfer pursuant to the +preceding proviso shall be treated as a reprogramming under section 505 +of this Act and shall not be available for obligation or expenditure +except in compliance with the procedures set forth in that section. + + Interagency Law Enforcement + + interagency crime and drug enforcement + + For necessary expenses for the identification, investigation, and +prosecution of individuals associated with the most significant drug +trafficking organizations, transnational organized crime, and money +laundering organizations not otherwise provided for, to include inter- +governmental agreements with State and local law enforcement agencies +engaged in the investigation and prosecution of individuals involved in +transnational organized crime and drug trafficking, $550,458,000, of +which $50,000,000 shall remain available until expended: Provided, +That any amounts obligated from appropriations under this heading may +be used under authorities available to the organizations reimbursed +from this appropriation. + + Federal Bureau of Investigation + + salaries and expenses + + For necessary expenses of the Federal Bureau of Investigation for +detection, investigation, and prosecution of crimes against the United +States, $9,467,902,000, of which not to exceed $216,900,000 shall +remain available until expended: Provided, That not to exceed $284,000 +shall be available for official reception and representation expenses. + + construction + + For necessary expenses, to include the cost of equipment, +furniture, and information technology requirements, related to +construction or acquisition of buildings, facilities, and sites by +purchase, or as otherwise authorized by law; conversion, modification, +and extension of federally owned buildings; preliminary planning and +design of projects; and operation and maintenance of secure work +environment facilities and secure networking capabilities; +$485,000,000, to remain available until expended. + + Drug Enforcement Administration + + salaries and expenses + + For necessary expenses of the Drug Enforcement Administration, +including not to exceed $70,000 to meet unforeseen emergencies of a +confidential character pursuant to section 530C of title 28, United +States Code; and expenses for conducting drug education and training +programs, including travel and related expenses for participants in +such programs and the distribution of items of token value that promote +the goals of such programs, $2,279,153,000, of which not to exceed +$75,000,000 shall remain available until expended and not to exceed +$90,000 shall be available for official reception and representation +expenses. + + Bureau of Alcohol, Tobacco, Firearms and Explosives + + salaries and expenses + + For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms +and Explosives, for training of State and local law enforcement +agencies with or without reimbursement, including training in +connection with the training and acquisition of canines for explosives +and fire accelerants detection; and for provision of laboratory +assistance to State and local law enforcement agencies, with or without +reimbursement, $1,400,000,000, of which not to exceed $36,000 shall be +for official reception and representation expenses, not to exceed +$1,000,000 shall be available for the payment of attorneys' fees as +provided by section 924(d)(2) of title 18, United States Code, and not +to exceed $25,000,000 shall remain available until expended: Provided, +That none of the funds appropriated herein shall be available to +investigate or act upon applications for relief from Federal firearms +disabilities under section 925(c) of title 18, United States Code: +Provided further, That such funds shall be available to investigate and +act upon applications filed by corporations for relief from Federal +firearms disabilities under section 925(c) of title 18, United States +Code: Provided further, That no funds made available by this or any +other Act may be used to transfer the functions, missions, or +activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives +to other agencies or Departments. + + Federal Prison System + + salaries and expenses + + (including transfer of funds) + + For necessary expenses of the Federal Prison System for the +administration, operation, and maintenance of Federal penal and +correctional institutions, and for the provision of technical +assistance and advice on corrections related issues to foreign +governments, $7,470,000,000 of which not less than $75,000,000 shall be +for the programs and activities authorized by the First Step Act of +2018 (Public Law 115-391): Provided, That the Attorney General may +transfer to the Department of Health and Human Services such amounts as +may be necessary for direct expenditures by that Department for medical +relief for inmates of Federal penal and correctional institutions: +Provided further, That the Director of the Federal Prison System, where +necessary, may enter into contracts with a fiscal agent or fiscal +intermediary claims processor to determine the amounts payable to +persons who, on behalf of the Federal Prison System, furnish health +services to individuals committed to the custody of the Federal Prison +System: Provided further, That not to exceed $5,400 shall be available +for official reception and representation expenses: Provided further, +That not to exceed $50,000,000 shall remain available until expended +for necessary operations: Provided further, That, of the amounts +provided for contract confinement, not to exceed $20,000,000 shall +remain available until expended to make payments in advance for grants, +contracts and reimbursable agreements, and other expenses: Provided +further, That the Director of the Federal Prison System may accept +donated property and services relating to the operation of the prison +card program from a not-for-profit entity which has operated such +program in the past, notwithstanding the fact that such not-for-profit +entity furnishes services under contracts to the Federal Prison System +relating to the operation of pre-release services, halfway houses, or +other custodial facilities. + + buildings and facilities + + For planning, acquisition of sites, and construction of new +facilities; purchase and acquisition of facilities and remodeling, and +equipping of such facilities for penal and correctional use, including +all necessary expenses incident thereto, by contract or force account; +and constructing, remodeling, and equipping necessary buildings and +facilities at existing penal and correctional institutions, including +all necessary expenses incident thereto, by contract or force account, +$308,000,000, to remain available until expended, of which $181,000,000 +shall be available only for costs related to construction of new +facilities: Provided, That labor of United States prisoners may be +used for work performed under this appropriation. + + federal prison industries, incorporated + + The Federal Prison Industries, Incorporated, is hereby authorized +to make such expenditures within the limits of funds and borrowing +authority available, and in accord with the law, and to make such +contracts and commitments without regard to fiscal year limitations as +provided by section 9104 of title 31, United States Code, as may be +necessary in carrying out the program set forth in the budget for the +current fiscal year for such corporation. + + limitation on administrative expenses, federal prison industries, + incorporated + + Not to exceed $2,700,000 of the funds of the Federal Prison +Industries, Incorporated, shall be available for its administrative +expenses, and for services as authorized by section 3109 of title 5, +United States Code, to be computed on an accrual basis to be determined +in accordance with the corporation's current prescribed accounting +system, and such amounts shall be exclusive of depreciation, payment of +claims, and expenditures which such accounting system requires to be +capitalized or charged to cost of commodities acquired or produced, +including selling and shipping expenses, and expenses in connection +with acquisition, construction, operation, maintenance, improvement, +protection, or disposition of facilities and other property belonging +to the corporation or in which it has an interest. + + State and Local Law Enforcement Activities + + Office on Violence Against Women + + violence against women prevention and prosecution programs + + (including transfer of funds) + + For grants, contracts, cooperative agreements, and other assistance +for the prevention and prosecution of violence against women, as +authorized by the Omnibus Crime Control and Safe Streets Act of 1968 +(34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control +and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 +Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) +(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end +the Exploitation of Children Today Act of 2003 (Public Law 108-21); the +Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. +11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and +Violence Protection Act of 2000 (Public Law 106-386) (``the 2000 +Act''); the Violence Against Women and Department of Justice +Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); +the Violence Against Women Reauthorization Act of 2013 (Public Law 113- +4) (``the 2013 Act''); the Rape Survivor Child Custody Act of 2015 +(Public Law 114-22) (``the 2015 Act''); and the Abolish Human +Trafficking Act (Public Law 115-392); and for related victims services, +$502,500,000, to remain available until expended, of which $435,000,000 +shall be derived by transfer from amounts available for obligation in +this Act from the Fund established by section 1402 of chapter XIV of +title II of Public Law 98-473 (34 U.S.C. 20101), notwithstanding +section 1402(d) of such Act of 1984, and merged with the amounts +otherwise made available under this heading: Provided, That except as +otherwise provided by law, not to exceed 5 percent of funds made +available under this heading may be used for expenses related to +evaluation, training, and technical assistance: Provided further, That +of the amount provided-- + (1) $215,000,000 is for grants to combat violence against + women, as authorized by part T of the 1968 Act; + (2) $37,000,000 is for transitional housing assistance grants + for victims of domestic violence, dating violence, stalking, or + sexual assault as authorized by section 40299 of the 1994 Act; + (3) $2,500,000 is for the National Institute of Justice and the + Bureau of Justice Statistics for research, evaluation, and + statistics of violence against women and related issues addressed + by grant programs of the Office on Violence Against Women, which + shall be transferred to ``Research, Evaluation and Statistics'' for + administration by the Office of Justice Programs; + (4) $11,500,000 is for a grant program to provide services to + advocate for and respond to youth victims of domestic violence, + dating violence, sexual assault, and stalking; assistance to + children and youth exposed to such violence; programs to engage men + and youth in preventing such violence; and assistance to middle and + high school students through education and other services related + to such violence: Provided, That unobligated balances available + for the programs authorized by sections 41201, 41204, 41303, and + 41305 of the 1994 Act, prior to its amendment by the 2013 Act, + shall be available for this program: Provided further, That 10 + percent of the total amount available for this grant program shall + be available for grants under the program authorized by section + 2015 of the 1968 Act: Provided further, That the definitions and + grant conditions in section 40002 of the 1994 Act shall apply to + this program; + (5) $53,000,000 is for grants to encourage arrest policies as + authorized by part U of the 1968 Act, of which $4,000,000 is for a + homicide reduction initiative; + (6) $38,000,000 is for sexual assault victims assistance, as + authorized by section 41601 of the 1994 Act; + (7) $43,500,000 is for rural domestic violence and child abuse + enforcement assistance grants, as authorized by section 40295 of + the 1994 Act; + (8) $20,000,000 is for grants to reduce violent crimes against + women on campus, as authorized by section 304 of the 2005 Act; + (9) $46,000,000 is for legal assistance for victims, as + authorized by section 1201 of the 2000 Act; + (10) $5,000,000 is for enhanced training and services to end + violence against and abuse of women in later life, as authorized by + section 40801 of the 1994 Act; + (11) $17,000,000 is for grants to support families in the + justice system, as authorized by section 1301 of the 2000 Act: + Provided, That unobligated balances available for the programs + authorized by section 1301 of the 2000 Act and section 41002 of the + 1994 Act, prior to their amendment by the 2013 Act, shall be + available for this program; + (12) $6,000,000 is for education and training to end violence + against and abuse of women with disabilities, as authorized by + section 1402 of the 2000 Act; + (13) $1,000,000 is for the National Resource Center on + Workplace Responses to assist victims of domestic violence, as + authorized by section 41501 of the 1994 Act; + (14) $1,000,000 is for analysis and research on violence + against Indian women, including as authorized by section 904 of the + 2005 Act: Provided, That such funds may be transferred to + ``Research, Evaluation and Statistics'' for administration by the + Office of Justice Programs; + (15) $500,000 is for a national clearinghouse that provides + training and technical assistance on issues relating to sexual + assault of American Indian and Alaska Native women; + (16) $4,000,000 is for grants to assist tribal governments in + exercising special domestic violence criminal jurisdiction, as + authorized by section 904 of the 2013 Act: Provided, That the + grant conditions in section 40002(b) of the 1994 Act shall apply to + this program; and + (17) $1,500,000 is for the purposes authorized under the 2015 + Act. + + Office of Justice Programs + + research, evaluation and statistics + + For grants, contracts, cooperative agreements, and other assistance +authorized by title I of the Omnibus Crime Control and Safe Streets Act +of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency +Prevention Act of 1974 (``the 1974 Act''); the Missing Children's +Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies +and Other Tools to end the Exploitation of Children Today Act of 2003 +(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108- +405); the Violence Against Women and Department of Justice +Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); +the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second +Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of +1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety +Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT +Our Children Act of 2008 (Public Law 110-401); subtitle D of title II +of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 +Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110- +180); the Violence Against Women Reauthorization Act of 2013 (Public +Law 113-4) (``the 2013 Act''); and other programs, $79,000,000, to +remain available until expended, of which-- + (1) $43,000,000 is for criminal justice statistics programs, + and other activities, as authorized by part C of title I of the + 1968 Act; and + (2) $36,000,000 is for research, development, and evaluation + programs, and other activities as authorized by part B of title I + of the 1968 Act and subtitle D of title II of the 2002 Act, of + which $5,000,000 is for research targeted toward developing a + better understanding of the domestic radicalization phenomenon, and + advancing evidence-based strategies for effective intervention and + prevention; $1,000,000 is for research to study the root causes of + school violence to include the impact and effectiveness of grants + made under the STOP School Violence Act; $1,000,000 is for a + national study to understand the responses of law enforcement to + sex trafficking of minors; and $2,000,000 is for a national center + on forensics. + + state and local law enforcement assistance + + (including transfer of funds) + + For grants, contracts, cooperative agreements, and other assistance +authorized by the Violent Crime Control and Law Enforcement Act of 1994 +(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and +Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of +2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 +(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims +Protection Reauthorization Act of 2005 (Public Law 109-164); the +Violence Against Women and Department of Justice Reauthorization Act of +2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child +Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam +Walsh Act''); the Victims of Trafficking and Violence Protection Act of +2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007 +(Public Law 110-180); subtitle D of title II of the Homeland Security +Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance +Act of 2007 (Public Law 110-199); the Prioritizing Resources and +Organization for Intellectual Property Act of 2008 (Public Law 110- +403); the Victims of Crime Act of 1984 (Public Law 98-473); the +Mentally Ill Offender Treatment and Crime Reduction Reauthorization and +Improvement Act of 2008 (Public Law 110-416); the Violence Against +Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 +Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public +Law 114-198) (``CARA''); the Justice for All Reauthorization Act of +2016 (Public Law 114-324); Kevin and Avonte's Law (division Q of Public +Law 115-141) (``Kevin and Avonte's Law''); the Keep Young Athletes Safe +Act of 2018 (title III of division S of Public Law 115-141) (``the Keep +Young Athletes Safe Act''); the STOP School Violence Act of 2018 (title +V of division S of Public Law 115-141) (``the STOP School Violence +Act''); the Fix NICS Act of 2018 (title VI of division S of Public Law +115-141); the Project Safe Neighborhoods Grant Program Authorization +Act of 2018 (Public Law 115-185); the SUPPORT for Patients and +Communities Act (Public Law 115-271); and the Second Chance +Reauthorization Act of 2018 (Public Law 115-391); and other programs, +$1,892,000,000, to remain available until expended as follows-- + (1) $547,210,000 for the Edward Byrne Memorial Justice + Assistance Grant program as authorized by subpart 1 of part E of + title I of the 1968 Act (except that section 1001(c), and the + special rules for Puerto Rico under section 505(g) of title I of + the 1968 Act shall not apply for purposes of this Act), of which, + notwithstanding such subpart 1, $12,000,000 is for the Officer + Robert Wilson III Memorial Initiative on Preventing Violence + Against Law Enforcement Officer Resilience and Survivability + (VALOR), $7,500,000 is for an initiative to support evidence-based + policing, $8,000,000 is for an initiative to enhance prosecutorial + decision-making, $2,400,000 is for the operationalization, + maintenance and expansion of the National Missing and Unidentified + Persons System, $2,500,000 is for an academic based training + initiative to improve police-based responses to people with mental + illness or developmental disabilities, $2,000,000 is for a student + loan repayment assistance program pursuant to section 952 of Public + Law 110-315, $15,500,000 is for prison rape prevention and + prosecution grants to States and units of local government, and + other programs, as authorized by the Prison Rape Elimination Act of + 2003 (Public Law 108-79), $2,000,000 is for a grant program + authorized by Kevin and Avonte's Law, $3,000,000 is for a regional + law enforcement technology initiative, $20,000,000 is for grants + authorized under the Project Safe Neighborhoods Grant Authorization + Act of 2018 (Public Law 115-185), $2,000,000 is for a grant to + provide a drug field testing and training initiative, $5,500,000 is + for the Capital Litigation Improvement Grant Program, as authorized + by section 426 of Public Law 108-405, and for grants for wrongful + conviction review, $2,000,000 is for grants to States and units of + local government to deploy managed access systems to combat + contraband cell phone use in prison, $1,000,000 is for a + collaborative mental health and anti-recidivism initiative, + $100,000,000 is for grants for law enforcement activities + associated with the presidential nominating conventions, $2,000,000 + is for a program to improve juvenile indigent defense, $8,000,000 + is for community-based violence prevention initiatives, and + $3,000,000 is for a national center for restorative justice; + (2) $244,000,000 for the State Criminal Alien Assistance + Program, as authorized by section 241(i)(5) of the Immigration and + Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no + jurisdiction shall request compensation for any cost greater than + the actual cost for Federal immigration and other detainees housed + in State and local detention facilities; + (3) $85,000,000 for victim services programs for victims of + trafficking, as authorized by section 107(b)(2) of Public Law 106- + 386, for programs authorized under Public Law 109-164, or programs + authorized under Public Law 113-4; + (4) $14,000,000 for economic, high technology, white collar, + and Internet crime prevention grants, including as authorized by + section 401 of Public Law 110-403, of which $2,500,000 is for + competitive grants that help State and local law enforcement tackle + intellectual property thefts, and $2,000,000 for a competitive + grant program for training students in computer forensics and + digital investigation; + (5) $20,000,000 for sex offender management assistance, as + authorized by the Adam Walsh Act, and related activities; + (6) $27,500,000 for the Patrick Leahy Bulletproof Vest + Partnership Grant Program, as authorized by section 2501 of title I + of the 1968 Act: Provided, That $1,500,000 is transferred directly + to the National Institute of Standards and Technology's Office of + Law Enforcement Standards for research, testing and evaluation + programs; + (7) $1,000,000 for the National Sex Offender Public Website; + (8) $78,290,000 for grants to States to upgrade criminal and + mental health records for the National Instant Criminal Background + Check System, of which no less than $25,000,000 shall be for grants + made under the authorities of the NICS Improvement Amendments Act + of 2007 (Public Law 110-180) and Fix NICS Act of 2018; + (9) $30,000,000 for Paul Coverdell Forensic Sciences + Improvement Grants under part BB of title I of the 1968 Act; + (10) $132,000,000 for DNA-related and forensic programs and + activities, of which-- + (A) $102,000,000 is for the purposes authorized under + section 2 of the DNA Analysis Backlog Elimination Act of 2000 + (Public Law 106-546) (the Debbie Smith DNA Backlog Grant + Program): Provided, That up to 4 percent of funds made + available under this paragraph may be used for the purposes + described in the DNA Training and Education for Law + Enforcement, Correctional Personnel, and Court Officers program + (Public Law 108-405, section 303); + (B) $19,000,000 for other local, State, and Federal + forensic activities; + (C) $7,000,000 is for the purposes described in the Kirk + Bloodsworth Post-Conviction DNA Testing Grant Program (Public + Law 108-405, section 412); and + (D) $4,000,000 is for Sexual Assault Forensic Exam Program + grants, including as authorized by section 304 of Public Law + 108-405; + (11) $48,000,000 for a grant program for community-based sexual + assault response reform; + (12) $12,000,000 for the court-appointed special advocate + program, as authorized by section 217 of the 1990 Act; + (13) $38,000,000 for assistance to Indian tribes; + (14) $90,000,000 for offender reentry programs and research, as + authorized by the Second Chance Act of 2007 (Public Law 110-199) + and by the Second Chance Reauthorization Act of 2018 (Public Law + 115-391), without regard to the time limitations specified at + section 6(1) of such Act, of which not to exceed $6,000,000 is for + a program to improve State, local, and tribal probation or parole + supervision efforts and strategies, $5,000,000 is for Children of + Incarcerated Parents Demonstrations to enhance and maintain + parental and family relationships for incarcerated parents as a + reentry or recidivism reduction strategy, and $4,500,000 is for + additional replication sites employing the Project HOPE Opportunity + Probation with Enforcement model implementing swift and certain + sanctions in probation, and for a research project on the + effectiveness of the model: Provided, That up to $7,500,000 of + funds made available in this paragraph may be used for performance- + based awards for Pay for Success projects, of which up to + $5,000,000 shall be for Pay for Success programs implementing the + Permanent Supportive Housing Model; + (15) $67,500,000 for initiatives to improve police-community + relations, of which $22,500,000 is for a competitive matching grant + program for purchases of body-worn cameras for State, local and + Tribal law enforcement, $28,000,000 is for a justice reinvestment + initiative, for activities related to criminal justice reform and + recidivism reduction, and $17,000,000 is for an Edward Byrne + Memorial criminal justice innovation program; + (16) $378,000,000 for comprehensive opioid abuse reduction + activities, including as authorized by CARA, and for the following + programs, which shall address opioid, stimulant, and substance + abuse reduction consistent with underlying program authorities-- + (A) $80,000,000 for Drug Courts, as authorized by section + 1001(a)(25)(A) of title I of the 1968 Act; + (B) $33,000,000 for mental health courts and adult and + juvenile collaboration program grants, as authorized by parts V + and HH of title I of the 1968 Act, and the Mentally Ill + Offender Treatment and Crime Reduction Reauthorization and + Improvement Act of 2008 (Public Law 110-416); + (C) $31,000,000 for grants for Residential Substance Abuse + Treatment for State Prisoners, as authorized by part S of title + I of the 1968 Act; + (D) $23,000,000 for a veterans treatment courts program; + (E) $31,000,000 for a program to monitor prescription drugs + and scheduled listed chemical products; and + (F) $180,000,000 for a comprehensive opioid, stimulant, and + substance abuse program; + (17) $2,500,000 for a competitive grant program authorized by + the Keep Young Athletes Safe Act; + (18) $75,000,000 for grants to be administered by the Bureau of + Justice Assistance for purposes authorized under the STOP School + Violence Act; and + (19) $2,000,000 for grants to state and local law enforcement + agencies for the expenses associated with the investigation and + prosecution of criminal offenses, involving civil rights, + authorized by the Emmett Till Unsolved Civil Rights Crimes + Reauthorization Act of 2016 (Public Law 114-325): + Provided, That, if a unit of local government uses any of the funds +made available under this heading to increase the number of law +enforcement officers, the unit of local government will achieve a net +gain in the number of law enforcement officers who perform non- +administrative public sector safety service. + + juvenile justice programs + + For grants, contracts, cooperative agreements, and other assistance +authorized by the Juvenile Justice and Delinquency Prevention Act of +1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act +of 1968 (``the 1968 Act''); the Violence Against Women and Department +of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 +Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et +seq.); the Prosecutorial Remedies and Other Tools to end the +Exploitation of Children Today Act of 2003 (Public Law 108-21); the +Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 +Act''); the Adam Walsh Child Protection and Safety Act of 2006 (Public +Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of +2008 (Public Law 110-401); the Violence Against Women Reauthorization +Act of 2013 (Public Law 113-4) (``the 2013 Act''); the Justice for All +Reauthorization Act of 2016 (Public Law 114-324); the Juvenile Justice +Reform Act of 2018 (Public Law 115-385); and other juvenile justice +programs, $320,000,000, to remain available until expended as follows-- + (1) $63,000,000 for programs authorized by section 221 of the + 1974 Act, and for training and technical assistance to assist + small, nonprofit organizations with the Federal grants process: + Provided, That of the amounts provided under this paragraph, + $500,000 shall be for a competitive demonstration grant program to + support emergency planning among State, local and tribal juvenile + justice residential facilities; + (2) $97,000,000 for youth mentoring grants; + (3) $42,000,000 for delinquency prevention, of which, pursuant + to sections 261 and 262 of the 1974 Act-- + (A) $2,000,000 shall be for grants to prevent trafficking + of girls; + (B) $5,000,000 shall be for the Tribal Youth Program; + (C) $500,000 shall be for an Internet site providing + information and resources on children of incarcerated parents; + (D) $2,000,000 shall be for competitive grants focusing on + girls in the juvenile justice system; + (E) $10,000,000 shall be for an opioid-affected youth + initiative; and + (F) $8,000,000 shall be for an initiative relating to + children exposed to violence; + (4) $27,000,000 for programs authorized by the Victims of Child + Abuse Act of 1990; + (5) $87,500,000 for missing and exploited children programs, + including as authorized by sections 404(b) and 405(a) of the 1974 + Act (except that section 102(b)(4)(B) of the PROTECT Our Children + Act of 2008 (Public Law 110-401) shall not apply for purposes of + this Act); and + (6) $3,500,000 for child abuse training programs for judicial + personnel and practitioners, as authorized by section 222 of the + 1990 Act: + Provided, That not more than 10 percent of each amount may be used +for research, evaluation, and statistics activities designed to benefit +the programs or activities authorized: Provided further, That not more +than 2 percent of the amounts designated under paragraphs (1) through +(3) and (6) may be used for training and technical assistance: +Provided further, That the two preceding provisos shall not apply to +grants and projects administered pursuant to sections 261 and 262 of +the 1974 Act and to missing and exploited children programs. + + public safety officer benefits + + (including transfer of funds) + + For payments and expenses authorized under section 1001(a)(4) of +title I of the Omnibus Crime Control and Safe Streets Act of 1968, such +sums as are necessary (including amounts for administrative costs), to +remain available until expended; and $24,800,000 for payments +authorized by section 1201(b) of such Act and for educational +assistance authorized by section 1218 of such Act, to remain available +until expended: Provided, That notwithstanding section 205 of this +Act, upon a determination by the Attorney General that emergent +circumstances require additional funding for such disability and +education payments, the Attorney General may transfer such amounts to +``Public Safety Officer Benefits'' from available appropriations for +the Department of Justice as may be necessary to respond to such +circumstances: Provided further, That any transfer pursuant to the +preceding proviso shall be treated as a reprogramming under section 505 +of this Act and shall not be available for obligation or expenditure +except in compliance with the procedures set forth in that section. + + Community Oriented Policing Services + + community oriented policing services programs + + (including transfer of funds) + + For activities authorized by the Violent Crime Control and Law +Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control +and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against +Women and Department of Justice Reauthorization Act of 2005 (Public Law +109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of +2017 (Public Law 115-37); and the SUPPORT for Patients and Communities +Act (Public Law 115-271), $343,000,000, to remain available until +expended: Provided, That any balances made available through prior +year deobligations shall only be available in accordance with section +505 of this Act: Provided further, That of the amount provided under +this heading-- + (1) $235,000,000 is for grants under section 1701 of title I of + the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of + additional career law enforcement officers under part Q of such + title notwithstanding subsection (i) of such section: Provided, + That, notwithstanding section 1704(c) of such title (34 U.S.C. + 10384(c)), funding for hiring or rehiring a career law enforcement + officer may not exceed $125,000 unless the Director of the Office + of Community Oriented Policing Services grants a waiver from this + limitation: Provided further, That within the amounts appropriated + under this paragraph, $27,000,000 is for improving tribal law + enforcement, including hiring, equipment, training, anti- + methamphetamine activities, and anti-opioid activities: Provided + further, That of the amounts appropriated under this paragraph, + $6,500,000 is for community policing development activities in + furtherance of the purposes in section 1701: Provided further, + That of the amounts appropriated under this paragraph $38,000,000 + is for regional information sharing activities, as authorized by + part M of title I of the 1968 Act, which shall be transferred to + and merged with ``Research, Evaluation, and Statistics'' for + administration by the Office of Justice Programs: Provided + further, That within the amounts appropriated under this paragraph, + no less than $3,000,000 is to support the Tribal Access Program: + Provided further, That within the amounts appropriated under this + paragraph, $5,000,000 is for training, peer mentoring, and mental + health program activities as authorized under the Law Enforcement + Mental Health and Wellness Act (Public Law 115-113); + (2) $10,000,000 is for activities authorized by the POLICE Act + of 2016 (Public Law 114-199); + (3) $13,000,000 is for competitive grants to State law + enforcement agencies in States with high seizures of precursor + chemicals, finished methamphetamine, laboratories, and laboratory + dump seizures: Provided, That funds appropriated under this + paragraph shall be utilized for investigative purposes to locate or + investigate illicit activities, including precursor diversion, + laboratories, or methamphetamine traffickers; + (4) $35,000,000 is for competitive grants to statewide law + enforcement agencies in States with high rates of primary treatment + admissions for heroin and other opioids: Provided, That these + funds shall be utilized for investigative purposes to locate or + investigate illicit activities, including activities related to the + distribution of heroin or unlawful distribution of prescription + opioids, or unlawful heroin and prescription opioid traffickers + through statewide collaboration; and + (5) $50,000,000 is for competitive grants to be administered by + the Community Oriented Policing Services Office for purposes + authorized under the STOP School Violence Act (title V of division + S of Public Law 115-141). + + General Provisions--Department of Justice + + (including transfer of funds) + + Sec. 201. In addition to amounts otherwise made available in this +title for official reception and representation expenses, a total of +not to exceed $50,000 from funds appropriated to the Department of +Justice in this title shall be available to the Attorney General for +official reception and representation expenses. + Sec. 202. None of the funds appropriated by this title shall be +available to pay for an abortion, except where the life of the mother +would be endangered if the fetus were carried to term, or in the case +of rape or incest: Provided, That should this prohibition be declared +unconstitutional by a court of competent jurisdiction, this section +shall be null and void. + Sec. 203. None of the funds appropriated under this title shall be +used to require any person to perform, or facilitate in any way the +performance of, any abortion. + Sec. 204. Nothing in the preceding section shall remove the +obligation of the Director of the Bureau of Prisons to provide escort +services necessary for a female inmate to receive such service outside +the Federal facility: Provided, That nothing in this section in any +way diminishes the effect of section 203 intended to address the +philosophical beliefs of individual employees of the Bureau of Prisons. + Sec. 205. Not to exceed 5 percent of any appropriation made +available for the current fiscal year for the Department of Justice in +this Act may be transferred between such appropriations, but no such +appropriation, except as otherwise specifically provided, shall be +increased by more than 10 percent by any such transfers: Provided, +That any transfer pursuant to this section shall be treated as a +reprogramming of funds under section 505 of this Act and shall not be +available for obligation except in compliance with the procedures set +forth in that section. + Sec. 206. None of the funds made available under this title may be +used by the Federal Bureau of Prisons or the United States Marshals +Service for the purpose of transporting an individual who is a prisoner +pursuant to conviction for crime under State or Federal law and is +classified as a maximum or high security prisoner, other than to a +prison or other facility certified by the Federal Bureau of Prisons as +appropriately secure for housing such a prisoner. + Sec. 207. (a) None of the funds appropriated by this Act may be +used by Federal prisons to purchase cable television services, or to +rent or purchase audiovisual or electronic media or equipment used +primarily for recreational purposes. + (b) Subsection (a) does not preclude the rental, maintenance, or +purchase of audiovisual or electronic media or equipment for inmate +training, religious, or educational programs. + Sec. 208. None of the funds made available under this title shall +be obligated or expended for any new or enhanced information technology +program having total estimated development costs in excess of +$100,000,000, unless the Deputy Attorney General and the investment +review board certify to the Committees on Appropriations of the House +of Representatives and the Senate that the information technology +program has appropriate program management controls and contractor +oversight mechanisms in place, and that the program is compatible with +the enterprise architecture of the Department of Justice. + Sec. 209. The notification thresholds and procedures set forth in +section 505 of this Act shall apply to deviations from the amounts +designated for specific activities in this Act and in the explanatory +statement described in section 4 (in the matter preceding division A of +this consolidated Act), and to any use of deobligated balances of funds +provided under this title in previous years. + Sec. 210. None of the funds appropriated by this Act may be used +to plan for, begin, continue, finish, process, or approve a public- +private competition under the Office of Management and Budget Circular +A-76 or any successor administrative regulation, directive, or policy +for work performed by employees of the Bureau of Prisons or of Federal +Prison Industries, Incorporated. + Sec. 211. Notwithstanding any other provision of law, no funds +shall be available for the salary, benefits, or expenses of any United +States Attorney assigned dual or additional responsibilities by the +Attorney General or his designee that exempt that United States +Attorney from the residency requirements of section 545 of title 28, +United States Code. + Sec. 212. At the discretion of the Attorney General, and in +addition to any amounts that otherwise may be available (or authorized +to be made available) by law, with respect to funds appropriated by +this title under the headings ``Research, Evaluation and Statistics'', +``State and Local Law Enforcement Assistance'', and ``Juvenile Justice +Programs''-- + (1) up to 2 percent of funds made available to the Office of + Justice Programs for grant or reimbursement programs may be used by + such Office to provide training and technical assistance; and + (2) up to 2 percent of funds made available for grant or + reimbursement programs under such headings, except for amounts + appropriated specifically for research, evaluation, or statistical + programs administered by the National Institute of Justice and the + Bureau of Justice Statistics, shall be transferred to and merged + with funds provided to the National Institute of Justice and the + Bureau of Justice Statistics, to be used by them for research, + evaluation, or statistical purposes, without regard to the + authorizations for such grant or reimbursement programs. + Sec. 213. Upon request by a grantee for whom the Attorney General +has determined there is a fiscal hardship, the Attorney General may, +with respect to funds appropriated in this or any other Act making +appropriations for fiscal years 2017 through 2020 for the following +programs, waive the following requirements: + (1) For the adult and juvenile offender State and local reentry + demonstration projects under part FF of title I of the Omnibus + Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et + seq.), the requirements under section 2976(g)(1) of such part (34 + U.S.C. 10631(g)(1)). + (2) For grants to protect inmates and safeguard communities as + authorized by section 6 of the Prison Rape Elimination Act of 2003 + (34 U.S.C. 30305(c)(3)), the requirements of section 6(c)(3) of + such Act. + Sec. 214. Notwithstanding any other provision of law, section +20109(a) of subtitle A of title II of the Violent Crime Control and Law +Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts +made available by this or any other Act. + Sec. 215. None of the funds made available under this Act, other +than for the national instant criminal background check system +established under section 103 of the Brady Handgun Violence Prevention +Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer +to facilitate the transfer of an operable firearm to an individual if +the Federal law enforcement officer knows or suspects that the +individual is an agent of a drug cartel, unless law enforcement +personnel of the United States continuously monitor or control the +firearm at all times. + Sec. 216. (a) None of the income retained in the Department of +Justice Working Capital Fund pursuant to title I of Public Law 102-140 +(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation +during fiscal year 2020, except up to $12,000,000 may be obligated for +implementation of a unified Department of Justice financial management +system. + (b) Not to exceed $30,000,000 of the unobligated balances +transferred to the capital account of the Department of Justice Working +Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784; +28 U.S.C. 527 note) shall be available for obligation in fiscal year +2020, and any use, obligation, transfer or allocation of such funds +shall be treated as a reprogramming of funds under section 505 of this +Act. + (c) Not to exceed $10,000,000 of the excess unobligated balances +available under section 524(c)(8)(E) of title 28, United States Code, +shall be available for obligation during fiscal year 2020, and any use, +obligation, transfer or allocation of such funds shall be treated as a +reprogramming of funds under section 505 of this Act. + Sec. 217. Discretionary funds that are made available in this Act +for the Office of Justice Programs may be used to participate in +Performance Partnership Pilots authorized under section 526 of division +H of Public Law 113-76, section 524 of division G of Public Law 113- +235, section 525 of division H of Public Law 114-113, and such +authorities as are enacted for Performance Partnership Pilots in an +appropriations Act for fiscal years 2019 and 2020. + Sec. 218. In this fiscal year and each fiscal year thereafter, +amounts credited to and made available in the Department of Justice +Working Capital Fund as an offsetting collection pursuant to section +11013 of Public Law 107-273 shall be so credited and available only to +the extent and in such amounts as provided in advance in appropriations +Acts: Provided, That notwithstanding 31 U.S.C. 3302 or any other +statute affecting the crediting of collections, the Attorney General +may credit, as a discretionary offsetting collection, to the Department +of Justice Working Capital Fund, for fiscal year 2020 and thereafter, +up to three percent of all amounts collected pursuant to civil debt +collection litigation activities of the Department of Justice; and such +amounts so credited in fiscal year 2020 and thereafter shall remain +available until expended, and shall be subject to the terms and +conditions of that fund: Provided further, That any such amounts from +the fund that the Attorney General determines are necessary to pay, +first, for the costs of processing and tracking civil and criminal debt +collection litigation activities, and thereafter for financial systems +and for debt-collection-related personnel, administrative, and +litigation expenses, in fiscal year 2020 and thereafter, shall be +transferred to other appropriations accounts in the Department of +Justice for paying the costs of such activities, and shall be in +addition to any amounts otherwise made available for such purposes in +those appropriations accounts: Provided further, That such transfer +authority is in addition to any other transfer authority provided by +law: Provided further, That any transfer of funds pursuant to this +section shall be treated as a reprogramming of funds under section 505 +of this Act and shall not be available for obligation except in +compliance with the procedures set forth in that section. + Sec. 219. Section 1930(a)(6)(B) of title 28, United States Code, +shall be applied for this fiscal year and next fiscal year by +substituting ``$300,000,000'' for ``$200,000,000''. + This title may be cited as the ``Department of Justice +Appropriations Act, 2020''. + + TITLE III + + SCIENCE + + Office of Science and Technology Policy + + For necessary expenses of the Office of Science and Technology +Policy, in carrying out the purposes of the National Science and +Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. +6601 et seq.), hire of passenger motor vehicles, and services as +authorized by section 3109 of title 5, United States Code, not to +exceed $2,250 for official reception and representation expenses, and +rental of conference rooms in the District of Columbia, $5,544,000. + + National Space Council + + For necessary expenses of the National Space Council, in carrying +out the purposes of Title V of Public Law 100-685 and Executive Order +13803, hire of passenger motor vehicles, and services as authorized by +section 3109 of title 5, United States Code, not to exceed $2,250 for +official reception and representation expenses, $1,965,000: Provided, +That notwithstanding any other provision of law, the National Space +Council may accept personnel support from Federal agencies, +departments, and offices, and such Federal agencies, departments, and +offices may detail staff without reimbursement to the National Space +Council for purposes provided herein. + + National Aeronautics and Space Administration + + science + + For necessary expenses, not otherwise provided for, in the conduct +and support of science research and development activities, including +research, development, operations, support, and services; maintenance +and repair, facility planning and design; space flight, spacecraft +control, and communications activities; program management; personnel +and related costs, including uniforms or allowances therefor, as +authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $7,138,900,000, to remain available until +September 30, 2021: Provided, That, $1,971,800,000 shall be for Earth +Science; $2,713,400,000 shall be for Planetary Science; $1,306,200,000 +shall be for Astrophysics; $423,000,000 shall be for the James Webb +Space Telescope; and $724,500,000 shall be for Heliophysics: Provided +further, That of the amounts provided, $592,600,000 is for an orbiter +to meet the science goals for the Jupiter Europa mission as recommended +in previous Planetary Science Decadal surveys: Provided further, That +the National Aeronautics and Space Administration shall use the Space +Launch System as the launch vehicles for the Jupiter Europa missions, +plan for an orbiter launch no later than 2025 and a lander launch no +later than 2027, and include in the fiscal year 2021 budget the 5-year +funding profile necessary to achieve these goals. + + aeronautics + + For necessary expenses, not otherwise provided for, in the conduct +and support of aeronautics research and development activities, +including research, development, operations, support, and services; +maintenance and repair, facility planning and design; space flight, +spacecraft control, and communications activities; program management; +personnel and related costs, including uniforms or allowances therefor, +as authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $783,900,000, to remain available until +September 30, 2021. + + space technology + + For necessary expenses, not otherwise provided for, in the conduct +and support of space technology research and development activities, +including research, development, operations, support, and services; +maintenance and repair, facility planning and design; space flight, +spacecraft control, and communications activities; program management; +personnel and related costs, including uniforms or allowances therefor, +as authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $1,100,000,000, to remain available until +September 30, 2021: Provided, That $227,200,000 shall be for RESTORE- +L/SPace Infrastructure DExterous Robot: Provided further, That +$110,000,000 shall be for the development and demonstration of a +nuclear thermal propulsion system, of which $80,000,000 shall be for +the design of a flight demonstration system: Provided further, That, +not later than 180 days after the enactment of this Act, the National +Aeronautics and Space Administration (NASA) shall provide a plan for +the design of a flight demonstration. + + exploration + + For necessary expenses, not otherwise provided for, in the conduct +and support of exploration research and development activities, +including research, development, operations, support, and services; +maintenance and repair, facility planning and design; space flight, +spacecraft control, and communications activities; program management; +personnel and related costs, including uniforms or allowances therefor, +as authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $6,017,600,000, to remain available until +September 30, 2021: Provided, That not less than $1,406,700,000 shall +be for the Orion Multi-Purpose Crew Vehicle: Provided further, That +not less than $2,585,900,000 shall be for the Space Launch System (SLS) +launch vehicle, which shall have a lift capability not less than 130 +metric tons and which shall have core elements and an Exploration Upper +Stage developed simultaneously to be used to the maximum extent +practicable, including for Earth to Moon missions and a Moon landing: +Provided further, That of the amounts provided for SLS, not less than +$300,000,000 shall be for Exploration Upper Stage development: +Provided further, That $590,000,000 shall be for Exploration Ground +Systems: Provided further, That the National Aeronautics and Space +Administration shall provide to the Committees on Appropriations of the +House of Representatives and the Senate, concurrent with the annual +budget submission, a 5-year budget profile for an integrated system +that includes the SLS, the Orion Multi-Purpose Crew Vehicle, and +associated ground systems that will ensure an Exploration Mission-2 +crewed launch as early as possible, as well as a system-based funding +profile for a sustained launch cadence beyond the initial crewed test +launch: Provided further, That $1,435,000,000 shall be for exploration +research and development. + + space operations + + For necessary expenses, not otherwise provided for, in the conduct +and support of space operations research and development activities, +including research, development, operations, support and services; +space flight, spacecraft control and communications activities, +including operations, production, and services; maintenance and repair, +facility planning and design; program management; personnel and related +costs, including uniforms or allowances therefor, as authorized by +sections 5901 and 5902 of title 5, United States Code; travel expenses; +purchase and hire of passenger motor vehicles; and purchase, lease, +charter, maintenance and operation of mission and administrative +aircraft, $4,140,200,000, to remain available until September 30, 2021. + + science, technology, engineering, and mathematics engagement + + For necessary expenses, not otherwise provided for, in the conduct +and support of aerospace and aeronautical education research and +development activities, including research, development, operations, +support, and services; program management; personnel and related costs, +including uniforms or allowances therefor, as authorized by sections +5901 and 5902 of title 5, United States Code; travel expenses; purchase +and hire of passenger motor vehicles; and purchase, lease, charter, +maintenance, and operation of mission and administrative aircraft, +$120,000,000, to remain available until September 30, 2021, of which +$24,000,000 shall be for the Established Program to Stimulate +Competitive Research and $48,000,000 shall be for the National Space +Grant College and Fellowship Program. + + safety, security and mission services + + For necessary expenses, not otherwise provided for, in the conduct +and support of science, aeronautics, space technology, exploration, +space operations and education research and development activities, +including research, development, operations, support, and services; +maintenance and repair, facility planning and design; space flight, +spacecraft control, and communications activities; program management; +personnel and related costs, including uniforms or allowances therefor, +as authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; not to +exceed $63,000 for official reception and representation expenses; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $2,913,300,000, to remain available until +September 30, 2021. + + + construction and environmental compliance and restoration + + For necessary expenses for construction of facilities including +repair, rehabilitation, revitalization, and modification of facilities, +construction of new facilities and additions to existing facilities, +facility planning and design, and restoration, and acquisition or +condemnation of real property, as authorized by law, and environmental +compliance and restoration, $373,400,000, to remain available until +September 30, 2025: Provided, That proceeds from leases deposited into +this account shall be available for a period of 5 years to the extent +and in amounts as provided in annual appropriations Acts: Provided +further, That such proceeds referred to in the preceding proviso shall +be available for obligation for fiscal year 2020 in an amount not to +exceed $17,000,000: Provided further, That each annual budget request +shall include an annual estimate of gross receipts and collections and +proposed use of all funds collected pursuant to section 20145 of title +51, United States Code. + + office of inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the Inspector General Act of 1978, $41,700,000, of which +$500,000 shall remain available until September 30, 2021. + + administrative provisions + + (including transfers of funds) + + Funds for any announced prize otherwise authorized shall remain +available, without fiscal year limitation, until a prize is claimed or +the offer is withdrawn. + Not to exceed 5 percent of any appropriation made available for the +current fiscal year for the National Aeronautics and Space +Administration in this Act may be transferred between such +appropriations, but no such appropriation, except as otherwise +specifically provided, shall be increased by more than 10 percent by +any such transfers. Any funds transferred to ``Construction and +Environmental Compliance and Restoration'' for construction activities +shall not increase that account by more than $75,300,000. Balances so +transferred shall be merged with and available for the same purposes +and the same time period as the appropriations to which transferred. +Any transfer pursuant to this provision shall be treated as a +reprogramming of funds under section 505 of this Act and shall not be +available for obligation except in compliance with the procedures set +forth in that section. + Not to exceed 5 percent of any appropriation provided for the +National Aeronautics and Space Administration under previous +appropriations Acts that remains available for obligation or +expenditure in fiscal year 2020 may be transferred between such +appropriations, but no such appropriation, except as otherwise +specifically provided, shall be increased by more than 10 percent by +any such transfers. Any transfer pursuant to this provision shall +retain its original availability and shall be treated as a +reprogramming of funds under section 505 of this Act and shall not be +available for obligation except in compliance with the procedures set +forth in that section. + The spending plan required by this Act shall be provided by NASA at +the theme, program, project and activity level. The spending plan, as +well as any subsequent change of an amount established in that spending +plan that meets the notification requirements of section 505 of this +Act, shall be treated as a reprogramming under section 505 of this Act +and shall not be available for obligation or expenditure except in +compliance with the procedures set forth in that section. + Not more than 40 percent of the amounts made available in this Act +for the Gateway; Advanced Cislunar and Surface Capabilities; Commercial +LEO Development; and Lunar Discovery and Exploration, excluding the +Lunar Reconnaissance Orbiter, may be obligated until the Administrator +submits a multi-year plan to the Committees on Appropriations of the +House of Representatives and the Senate that identifies estimated +dates, by fiscal year, for Space Launch System flights to build the +Gateway; the commencement of partnerships with commercial entities for +additional LEO missions to land humans and rovers on the Moon; and +conducting additional scientific activities on the Moon. The multi-year +plan shall include key milestones to be met by fiscal year to achieve +goals for each of the lunar programs described in the previous sentence +and funding required by fiscal year to achieve such milestones. + + National Science Foundation + + research and related activities + + For necessary expenses in carrying out the National Science +Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209 +(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of +title 5, United States Code; maintenance and operation of aircraft and +purchase of flight services for research support; acquisition of +aircraft; and authorized travel; $6,737,200,000, to remain available +until September 30, 2021, of which not to exceed $500,000,000 shall +remain available until expended for polar research and operations +support, and for reimbursement to other Federal agencies for +operational and science support and logistical and other related +activities for the United States Antarctic program: Provided, That +receipts for scientific support services and materials furnished by the +National Research Centers and other National Science Foundation +supported research facilities may be credited to this appropriation. + + major research equipment and facilities construction + + For necessary expenses for the acquisition, construction, +commissioning, and upgrading of major research equipment, facilities, +and other such capital assets pursuant to the National Science +Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized +travel, $243,230,000, to remain available until expended. + + education and human resources + + For necessary expenses in carrying out science, mathematics and +engineering education and human resources programs and activities +pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 +et seq.), including services as authorized by section 3109 of title 5, +United States Code, authorized travel, and rental of conference rooms +in the District of Columbia, $940,000,000, to remain available until +September 30, 2021. + + agency operations and award management + + For agency operations and award management necessary in carrying +out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et +seq.); services authorized by section 3109 of title 5, United States +Code; hire of passenger motor vehicles; uniforms or allowances +therefor, as authorized by sections 5901 and 5902 of title 5, United +States Code; rental of conference rooms in the District of Columbia; +and reimbursement of the Department of Homeland Security for security +guard services; $336,900,000: Provided, That not to exceed $8,280 is +for official reception and representation expenses: Provided further, +That contracts may be entered into under this heading in fiscal year +2020 for maintenance and operation of facilities and for other services +to be provided during the next fiscal year. + + office of the national science board + + For necessary expenses (including payment of salaries, authorized +travel, hire of passenger motor vehicles, the rental of conference +rooms in the District of Columbia, and the employment of experts and +consultants under section 3109 of title 5, United States Code) involved +in carrying out section 4 of the National Science Foundation Act of +1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), +$4,500,000: Provided, That not to exceed $2,500 shall be available for +official reception and representation expenses. + + office of inspector general + + For necessary expenses of the Office of Inspector General as +authorized by the Inspector General Act of 1978, $16,500,000, of which +$400,000 shall remain available until September 30, 2021. + + administrative provisions + + (including transfer of funds) + + Not to exceed 5 percent of any appropriation made available for the +current fiscal year for the National Science Foundation in this Act may +be transferred between such appropriations, but no such appropriation +shall be increased by more than 10 percent by any such transfers. Any +transfer pursuant to this paragraph shall be treated as a reprogramming +of funds under section 505 of this Act and shall not be available for +obligation except in compliance with the procedures set forth in that +section. + The Director of the National Science Foundation (NSF) shall notify +the Committees on Appropriations of the House of Representatives and +the Senate at least 30 days in advance of any planned divestment +through transfer, decommissioning, termination, or deconstruction of +any NSF-owned facilities or any NSF capital assets (including land, +structures, and equipment) valued greater than $2,500,000. + This title may be cited as the ``Science Appropriations Act, +2020''. + + TITLE IV + + RELATED AGENCIES + + Commission on Civil Rights + + salaries and expenses + + For necessary expenses of the Commission on Civil Rights, including +hire of passenger motor vehicles, $10,500,000: Provided, That none of +the funds appropriated in this paragraph may be used to employ any +individuals under Schedule C of subpart C of part 213 of title 5 of the +Code of Federal Regulations exclusive of one special assistant for each +Commissioner: Provided further, That none of the funds appropriated in +this paragraph shall be used to reimburse Commissioners for more than +75 billable days, with the exception of the chairperson, who is +permitted 125 billable days: Provided further, That the Chair may +accept and use any gift or donation to carry out the work of the +Commission: Provided further, That none of the funds appropriated in +this paragraph shall be used for any activity or expense that is not +explicitly authorized by section 3 of the Civil Rights Commission Act +of 1983 (42 U.S.C. 1975a). + + Equal Employment Opportunity Commission + + salaries and expenses + + For necessary expenses of the Equal Employment Opportunity +Commission as authorized by title VII of the Civil Rights Act of 1964, +the Age Discrimination in Employment Act of 1967, the Equal Pay Act of +1963, the Americans with Disabilities Act of 1990, section 501 of the +Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic +Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233), +the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly +Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services +as authorized by section 3109 of title 5, United States Code; hire of +passenger motor vehicles as authorized by section 1343(b) of title 31, +United States Code; nonmonetary awards to private citizens; and up to +$30,500,000 for payments to State and local enforcement agencies for +authorized services to the Commission, $389,500,000: Provided, That +the Commission is authorized to make available for official reception +and representation expenses not to exceed $2,250 from available funds: +Provided further, That the Commission may take no action to implement +any workforce repositioning, restructuring, or reorganization until +such time as the Committees on Appropriations of the House of +Representatives and the Senate have been notified of such proposals, in +accordance with the reprogramming requirements of section 505 of this +Act: Provided further, That the Chair may accept and use any gift or +donation to carry out the work of the Commission. + + International Trade Commission + + salaries and expenses + + For necessary expenses of the International Trade Commission, +including hire of passenger motor vehicles and services as authorized +by section 3109 of title 5, United States Code, and not to exceed +$2,250 for official reception and representation expenses, $99,400,000, +to remain available until expended. + + Legal Services Corporation + + payment to the legal services corporation + + For payment to the Legal Services Corporation to carry out the +purposes of the Legal Services Corporation Act of 1974, $440,000,000, +of which $402,700,000 is for basic field programs and required +independent audits; $5,300,000 is for the Office of Inspector General, +of which such amounts as may be necessary may be used to conduct +additional audits of recipients; $22,000,000 is for management and +grants oversight; $4,000,000 is for client self-help and information +technology; $4,500,000 is for a Pro Bono Innovation Fund; and +$1,500,000 is for loan repayment assistance: Provided, That the Legal +Services Corporation may continue to provide locality pay to officers +and employees at a rate no greater than that provided by the Federal +Government to Washington, DC-based employees as authorized by section +5304 of title 5, United States Code, notwithstanding section 1005(d) of +the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided +further, That the authorities provided in section 205 of this Act shall +be applicable to the Legal Services Corporation: Provided further, +That, for the purposes of section 505 of this Act, the Legal Services +Corporation shall be considered an agency of the United States +Government. + + administrative provision--legal services corporation + + None of the funds appropriated in this Act to the Legal Services +Corporation shall be expended for any purpose prohibited or limited by, +or contrary to any of the provisions of, sections 501, 502, 503, 504, +505, and 506 of Public Law 105-119, and all funds appropriated in this +Act to the Legal Services Corporation shall be subject to the same +terms and conditions set forth in such sections, except that all +references in sections 502 and 503 to 1997 and 1998 shall be deemed to +refer instead to 2019 and 2020, respectively. + + Marine Mammal Commission + + salaries and expenses + + For necessary expenses of the Marine Mammal Commission as +authorized by title II of the Marine Mammal Protection Act of 1972 (16 +U.S.C. 1361 et seq.), $3,616,000. + + Office of the United States Trade Representative + + salaries and expenses + + For necessary expenses of the Office of the United States Trade +Representative, including the hire of passenger motor vehicles and the +employment of experts and consultants as authorized by section 3109 of +title 5, United States Code, $54,000,000, of which $1,000,000 shall +remain available until expended: Provided, That of the total amount +made available under this heading, not to exceed $124,000 shall be +available for official reception and representation expenses. + + trade enforcement trust fund + + (including transfer of funds) + + For activities of the United States Trade Representative authorized +by section 611 of the Trade Facilitation and Trade Enforcement Act of +2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived +from the Trade Enforcement Trust Fund: Provided, That any transfer +pursuant to subsection (d)(1) of such section shall be treated as a +reprogramming under section 505 of this Act. + + State Justice Institute + + salaries and expenses + + For necessary expenses of the State Justice Institute, as +authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701 +et seq.) $6,555,000, of which $500,000 shall remain available until +September 30, 2021: Provided, That not to exceed $2,250 shall be +available for official reception and representation expenses: Provided +further, That, for the purposes of section 505 of this Act, the State +Justice Institute shall be considered an agency of the United States +Government. + + TITLE V + + GENERAL PROVISIONS + + (including rescissions) + + (including transfer of funds) + + Sec. 501. No part of any appropriation contained in this Act shall +be used for publicity or propaganda purposes not authorized by the +Congress. + Sec. 502. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 503. The expenditure of any appropriation under this Act for +any consulting service through procurement contract, pursuant to +section 3109 of title 5, United States Code, shall be limited to those +contracts where such expenditures are a matter of public record and +available for public inspection, except where otherwise provided under +existing law, or under existing Executive order issued pursuant to +existing law. + Sec. 504. If any provision of this Act or the application of such +provision to any person or circumstances shall be held invalid, the +remainder of the Act and the application of each provision to persons +or circumstances other than those as to which it is held invalid shall +not be affected thereby. + Sec. 505. None of the funds provided under this Act, or provided +under previous appropriations Acts to the agencies funded by this Act +that remain available for obligation or expenditure in fiscal year +2020, or provided from any accounts in the Treasury of the United +States derived by the collection of fees available to the agencies +funded by this Act, shall be available for obligation or expenditure +through a reprogramming of funds that: (1) creates or initiates a new +program, project, or activity; (2) eliminates a program, project, or +activity; (3) increases funds or personnel by any means for any project +or activity for which funds have been denied or restricted; (4) +relocates an office or employees; (5) reorganizes or renames offices, +programs, or activities; (6) contracts out or privatizes any functions +or activities presently performed by Federal employees; (7) augments +existing programs, projects, or activities in excess of $500,000 or 10 +percent, whichever is less, or reduces by 10 percent funding for any +program, project, or activity, or numbers of personnel by 10 percent; +or (8) results from any general savings, including savings from a +reduction in personnel, which would result in a change in existing +programs, projects, or activities as approved by Congress; unless the +House and Senate Committees on Appropriations are notified 15 days in +advance of such reprogramming of funds. + Sec. 506. (a) If it has been finally determined by a court or +Federal agency that any person intentionally affixed a label bearing a +``Made in America'' inscription, or any inscription with the same +meaning, to any product sold in or shipped to the United States that is +not made in the United States, the person shall be ineligible to +receive any contract or subcontract made with funds made available in +this Act, pursuant to the debarment, suspension, and ineligibility +procedures described in sections 9.400 through 9.409 of title 48, Code +of Federal Regulations. + (b)(1) To the extent practicable, with respect to authorized +purchases of promotional items, funds made available by this Act shall +be used to purchase items that are manufactured, produced, or assembled +in the United States, its territories or possessions. + (2) The term ``promotional items'' has the meaning given the term +in OMB Circular A-87, Attachment B, Item (1)(f)(3). + Sec. 507. (a) The Departments of Commerce and Justice, the National +Science Foundation, and the National Aeronautics and Space +Administration shall provide to the Committees on Appropriations of the +House of Representatives and the Senate a quarterly report on the +status of balances of appropriations at the account level. For +unobligated, uncommitted balances and unobligated, committed balances +the quarterly reports shall separately identify the amounts +attributable to each source year of appropriation from which the +balances were derived. For balances that are obligated, but unexpended, +the quarterly reports shall separately identify amounts by the year of +obligation. + (b) The report described in subsection (a) shall be submitted +within 30 days of the end of each quarter. + (c) If a department or agency is unable to fulfill any aspect of a +reporting requirement described in subsection (a) due to a limitation +of a current accounting system, the department or agency shall fulfill +such aspect to the maximum extent practicable under such accounting +system and shall identify and describe in each quarterly report the +extent to which such aspect is not fulfilled. + Sec. 508. Any costs incurred by a department or agency funded +under this Act resulting from, or to prevent, personnel actions taken +in response to funding reductions included in this Act shall be +absorbed within the total budgetary resources available to such +department or agency: Provided, That the authority to transfer funds +between appropriations accounts as may be necessary to carry out this +section is provided in addition to authorities included elsewhere in +this Act: Provided further, That use of funds to carry out this +section shall be treated as a reprogramming of funds under section 505 +of this Act and shall not be available for obligation or expenditure +except in compliance with the procedures set forth in that section: +Provided further, That for the Department of Commerce, this section +shall also apply to actions taken for the care and protection of loan +collateral or grant property. + Sec. 509. None of the funds provided by this Act shall be +available to promote the sale or export of tobacco or tobacco products, +or to seek the reduction or removal by any foreign country of +restrictions on the marketing of tobacco or tobacco products, except +for restrictions which are not applied equally to all tobacco or +tobacco products of the same type. + Sec. 510. Notwithstanding any other provision of law, amounts +deposited or available in the Fund established by section 1402 of +chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any +fiscal year in excess of $2,641,000,000 shall not be available for +obligation until the following fiscal year: Provided, That +notwithstanding section 1402(d) of such Act, of the amounts available +from the Fund for obligation: (1) $10,000,000 shall be transferred to +the Department of Justice Office of Inspector General and remain +available until expended for oversight and auditing purposes associated +with this section; and (2) 5 percent shall be available to the Office +for Victims of Crime for grants, consistent with the requirements of +the Victims of Crime Act, to Indian tribes to improve services for +victims of crime. + Sec. 511. None of the funds made available to the Department of +Justice in this Act may be used to discriminate against or denigrate +the religious or moral beliefs of students who participate in programs +for which financial assistance is provided from those funds, or of the +parents or legal guardians of such students. + Sec. 512. None of the funds made available in this Act may be +transferred to any department, agency, or instrumentality of the United +States Government, except pursuant to a transfer made by, or transfer +authority provided in, this Act or any other appropriations Act. + Sec. 513. (a) The Inspectors General of the Department of Commerce, +the Department of Justice, the National Aeronautics and Space +Administration, the National Science Foundation, and the Legal Services +Corporation shall conduct audits, pursuant to the Inspector General Act +(5 U.S.C. App.), of grants or contracts for which funds are +appropriated by this Act, and shall submit reports to Congress on the +progress of such audits, which may include preliminary findings and a +description of areas of particular interest, within 180 days after +initiating such an audit and every 180 days thereafter until any such +audit is completed. + (b) Within 60 days after the date on which an audit described in +subsection (a) by an Inspector General is completed, the Secretary, +Attorney General, Administrator, Director, or President, as +appropriate, shall make the results of the audit available to the +public on the Internet website maintained by the Department, +Administration, Foundation, or Corporation, respectively. The results +shall be made available in redacted form to exclude-- + (1) any matter described in section 552(b) of title 5, United + States Code; and + (2) sensitive personal information for any individual, the + public access to which could be used to commit identity theft or + for other inappropriate or unlawful purposes. + (c) Any person awarded a grant or contract funded by amounts +appropriated by this Act shall submit a statement to the Secretary of +Commerce, the Attorney General, the Administrator, Director, or +President, as appropriate, certifying that no funds derived from the +grant or contract will be made available through a subcontract or in +any other manner to another person who has a financial interest in the +person awarded the grant or contract. + (d) The provisions of the preceding subsections of this section +shall take effect 30 days after the date on which the Director of the +Office of Management and Budget, in consultation with the Director of +the Office of Government Ethics, determines that a uniform set of rules +and requirements, substantially similar to the requirements in such +subsections, consistently apply under the executive branch ethics +program to all Federal departments, agencies, and entities. + Sec. 514. (a) None of the funds appropriated or otherwise made +available under this Act may be used by the Departments of Commerce and +Justice, the National Aeronautics and Space Administration, or the +National Science Foundation to acquire a high-impact or moderate-impact +information system, as defined for security categorization in the +National Institute of Standards and Technology's (NIST) Federal +Information Processing Standard Publication 199, ``Standards for +Security Categorization of Federal Information and Information +Systems'' unless the agency has-- + (1) reviewed the supply chain risk for the information systems + against criteria developed by NIST and the Federal Bureau of + Investigation (FBI) to inform acquisition decisions for high-impact + and moderate-impact information systems within the Federal + Government; + (2) reviewed the supply chain risk from the presumptive awardee + against available and relevant threat information provided by the + FBI and other appropriate agencies; and + (3) in consultation with the FBI or other appropriate Federal + entity, conducted an assessment of any risk of cyber-espionage or + sabotage associated with the acquisition of such system, including + any risk associated with such system being produced, manufactured, + or assembled by one or more entities identified by the United + States Government as posing a cyber threat, including but not + limited to, those that may be owned, directed, or subsidized by the + People's Republic of China, the Islamic Republic of Iran, the + Democratic People's Republic of Korea, or the Russian Federation. + (b) None of the funds appropriated or otherwise made available +under this Act may be used to acquire a high-impact or moderate-impact +information system reviewed and assessed under subsection (a) unless +the head of the assessing entity described in subsection (a) has-- + (1) developed, in consultation with NIST, the FBI, and supply + chain risk management experts, a mitigation strategy for any + identified risks; + (2) determined, in consultation with NIST and the FBI, that the + acquisition of such system is in the national interest of the + United States; and + (3) reported that determination to the Committees on + Appropriations of the House of Representatives and the Senate and + the agency Inspector General. + Sec. 515. None of the funds made available in this Act shall be +used in any way whatsoever to support or justify the use of torture by +any official or contract employee of the United States Government. + Sec. 516. None of the funds made available in this Act may be used +to include in any new bilateral or multilateral trade agreement the +text of-- + (1) paragraph 2 of article 16.7 of the United States-Singapore + Free Trade Agreement; + (2) paragraph 4 of article 17.9 of the United States-Australia + Free Trade Agreement; or + (3) paragraph 4 of article 15.9 of the United States-Morocco + Free Trade Agreement. + Sec. 517. None of the funds made available in this Act may be used +to authorize or issue a national security letter in contravention of +any of the following laws authorizing the Federal Bureau of +Investigation to issue national security letters: The Right to +Financial Privacy Act of 1978; The Electronic Communications Privacy +Act of 1986; The Fair Credit Reporting Act; The National Security Act +of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended +by these Acts. + Sec. 518. If at any time during any quarter, the program manager +of a project within the jurisdiction of the Departments of Commerce or +Justice, the National Aeronautics and Space Administration, or the +National Science Foundation totaling more than $75,000,000 has +reasonable cause to believe that the total program cost has increased +by 10 percent or more, the program manager shall immediately inform the +respective Secretary, Administrator, or Director. The Secretary, +Administrator, or Director shall notify the House and Senate Committees +on Appropriations within 30 days in writing of such increase, and shall +include in such notice: the date on which such determination was made; +a statement of the reasons for such increases; the action taken and +proposed to be taken to control future cost growth of the project; +changes made in the performance or schedule milestones and the degree +to which such changes have contributed to the increase in total program +costs or procurement costs; new estimates of the total project or +procurement costs; and a statement validating that the project's +management structure is adequate to control total project or +procurement costs. + Sec. 519. Funds appropriated by this Act, or made available by the +transfer of funds in this Act, for intelligence or intelligence related +activities are deemed to be specifically authorized by the Congress for +purposes of section 504 of the National Security Act of 1947 (50 U.S.C. +3094) during fiscal year 2020 until the enactment of the Intelligence +Authorization Act for fiscal year 2020. + Sec. 520. None of the funds appropriated or otherwise made +available by this Act may be used to enter into a contract in an amount +greater than $5,000,000 or to award a grant in excess of such amount +unless the prospective contractor or grantee certifies in writing to +the agency awarding the contract or grant that, to the best of its +knowledge and belief, the contractor or grantee has filed all Federal +tax returns required during the three years preceding the +certification, has not been convicted of a criminal offense under the +Internal Revenue Code of 1986, and has not, more than 90 days prior to +certification, been notified of any unpaid Federal tax assessment for +which the liability remains unsatisfied, unless the assessment is the +subject of an installment agreement or offer in compromise that has +been approved by the Internal Revenue Service and is not in default, or +the assessment is the subject of a non-frivolous administrative or +judicial proceeding. + + (rescissions) + + Sec. 521. (a) Of the unobligated balances from prior year +appropriations available to the Department of Commerce, the following +funds are hereby rescinded, not later than September 30, 2020, from the +following accounts in the specified amounts-- + (1) ``Economic Development Administration, Economic Development + Assistance Programs'', $17,000,000; and + (2) ``National Oceanic and Atmospheric Administration, + Fisheries Enforcement Asset Forfeiture Fund'', $5,000,000. + (b) Of the unobligated balances available to the Department of +Justice, the following funds are hereby rescinded, not later than +September 30, 2020, from the following accounts in the specified +amounts-- + (1) ``Working Capital Fund'', $107,000,000; + (2) ``Federal Bureau of Investigation, Salaries and Expenses'', + $71,974,000 including from, but not limited to, fees collected to + defray expenses for the automation of fingerprint identification + and criminal justice information services and associated costs; + (3) ``Drug Enforcement Administration, Salaries and Expenses'', + $10,000,000; + (4) ``State and Local Law Enforcement Activities, Office of + Justice Programs'', $70,000,000; and + (5) ``State and Local Law Enforcement Activities, Community + Oriented Policing Services'', $13,000,000. + (c) Of the unobligated balances available to the National +Aeronautics and Space Administration from prior year appropriations +under the heading ``Science'', $70,000,000 is hereby rescinded. + (d) The Departments of Commerce and Justice and the National +Aeronautics and Space Administration shall submit to the Committees on +Appropriations of the House of Representatives and the Senate a report +no later than September 1, 2020, specifying the amount of each +rescission made pursuant to subsections (a), (b), and (c). + (e) The amounts rescinded in subsections (a), (b), and (c) shall +not be from amounts that were designated by the Congress as an +emergency or disaster relief requirement pursuant to the concurrent +resolution on the budget or the Balanced Budget and Emergency Deficit +Control Act of 1985. + Sec. 522. None of the funds made available in this Act may be used +to purchase first class or premium airline travel in contravention of +sections 301-10.122 through 301-10.124 of title 41 of the Code of +Federal Regulations. + Sec. 523. None of the funds made available in this Act may be used +to send or otherwise pay for the attendance of more than 50 employees +from a Federal department or agency, who are stationed in the United +States, at any single conference occurring outside the United States +unless-- + (1) such conference is a law enforcement training or + operational conference for law enforcement personnel and the + majority of Federal employees in attendance are law enforcement + personnel stationed outside the United States; or + (2) such conference is a scientific conference and the + department or agency head determines that such attendance is in the + national interest and notifies the Committees on Appropriations of + the House of Representatives and the Senate within at least 15 days + of that determination and the basis for that determination. + Sec. 524. The Director of the Office of Management and Budget +shall instruct any department, agency, or instrumentality of the United +States receiving funds appropriated under this Act to track undisbursed +balances in expired grant accounts and include in its annual +performance plan and performance and accountability reports the +following: + (1) Details on future action the department, agency, or + instrumentality will take to resolve undisbursed balances in + expired grant accounts. + (2) The method that the department, agency, or instrumentality + uses to track undisbursed balances in expired grant accounts. + (3) Identification of undisbursed balances in expired grant + accounts that may be returned to the Treasury of the United States. + (4) In the preceding 3 fiscal years, details on the total + number of expired grant accounts with undisbursed balances (on the + first day of each fiscal year) for the department, agency, or + instrumentality and the total finances that have not been obligated + to a specific project remaining in the accounts. + Sec. 525. To the extent practicable, funds made available in this +Act should be used to purchase light bulbs that are ``Energy Star'' +qualified or have the ``Federal Energy Management Program'' +designation. + Sec. 526. (a) None of the funds made available by this Act may be +used for the National Aeronautics and Space Administration (NASA), the +Office of Science and Technology Policy (OSTP), or the National Space +Council (NSC) to develop, design, plan, promulgate, implement, or +execute a bilateral policy, program, order, or contract of any kind to +participate, collaborate, or coordinate bilaterally in any way with +China or any Chinese-owned company unless such activities are +specifically authorized by a law enacted after the date of enactment of +this Act. + (b) None of the funds made available by this Act may be used to +effectuate the hosting of official Chinese visitors at facilities +belonging to or utilized by NASA. + (c) The limitations described in subsections (a) and (b) shall not +apply to activities which NASA, OSTP, or NSC, after consultation with +the Federal Bureau of Investigation, have certified-- + (1) pose no risk of resulting in the transfer of technology, + data, or other information with national security or economic + security implications to China or a Chinese-owned company; and + (2) will not involve knowing interactions with officials who + have been determined by the United States to have direct + involvement with violations of human rights. + (d) Any certification made under subsection (c) shall be submitted +to the Committees on Appropriations of the House of Representatives and +the Senate, and the Federal Bureau of Investigation, no later than 30 +days prior to the activity in question and shall include a description +of the purpose of the activity, its agenda, its major participants, and +its location and timing. + Sec. 527. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, adjudication, or other law enforcement- or victim +assistance-related activity. + Sec. 528. The Departments of Commerce and Justice, the National +Aeronautics and Space Administration, the National Science Foundation, +the Commission on Civil Rights, the Equal Employment Opportunity +Commission, the International Trade Commission, the Legal Services +Corporation, the Marine Mammal Commission, the Offices of Science and +Technology Policy and the United States Trade Representative, the +National Space Council, and the State Justice Institute shall submit +spending plans, signed by the respective department or agency head, to +the Committees on Appropriations of the House of Representatives and +the Senate within 45 days after the date of enactment of this Act. + Sec. 529. Notwithstanding any other provision of this Act, none of +the funds appropriated or otherwise made available by this Act may be +used to pay award or incentive fees for contractor performance that has +been judged to be below satisfactory performance or for performance +that does not meet the basic requirements of a contract. + Sec. 530. None of the funds made available by this Act may be used +in contravention of section 7606 (``Legitimacy of Industrial Hemp +Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the +Department of Justice or the Drug Enforcement Administration. + Sec. 531. None of the funds made available under this Act to the +Department of Justice may be used, with respect to any of the States of +Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, +Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, +Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, +Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New +Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, +Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, +Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, +or with respect to the District of Columbia, the Commonwealth of the +Northern Mariana Islands, the United States Virgin Islands, Guam, or +Puerto Rico, to prevent any of them from implementing their own laws +that authorize the use, distribution, possession, or cultivation of +medical marijuana. + Sec. 532. The Department of Commerce, the National Aeronautics and +Space Administration, and the National Science Foundation shall provide +a quarterly report to the Committees on Appropriations of the House of +Representatives and the Senate on any official travel to China by any +employee of such Department or agency, including the purpose of such +travel. + Sec. 533. Of the amounts made available by this Act, not less than +10 percent of each total amount provided, respectively, for Public +Works grants authorized by the Public Works and Economic Development +Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler +Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated +for assistance in persistent poverty counties: Provided, That for +purposes of this section, the term ``persistent poverty counties'' +means any county that has had 20 percent or more of its population +living in poverty over the past 30 years, as measured by the 1990 and +2000 decennial censuses and the most recent Small Area Income and +Poverty Estimates, or any territory or possession of the United States. + Sec. 534. None of the funds appropriated or otherwise made +available in this or any other Act may be used to transfer, release, or +assist in the transfer or release to or within the United States, its +territories, or possessions Khalid Sheikh Mohammed or any other +detainee who-- + (1) is not a United States citizen or a member of the Armed + Forces of the United States; and + (2) is or was held on or after June 24, 2009, at the United + States Naval Station, Guantanamo Bay, Cuba, by the Department of + Defense. + Sec. 535. (a) None of the funds appropriated or otherwise made +available in this or any other Act may be used to construct, acquire, +or modify any facility in the United States, its territories, or +possessions to house any individual described in subsection (c) for the +purposes of detention or imprisonment in the custody or under the +effective control of the Department of Defense. + (b) The prohibition in subsection (a) shall not apply to any +modification of facilities at United States Naval Station, Guantanamo +Bay, Cuba. + (c) An individual described in this subsection is any individual +who, as of June 24, 2009, is located at United States Naval Station, +Guantanamo Bay, Cuba, and who-- + (1) is not a citizen of the United States or a member of the + Armed Forces of the United States; and + (2) is-- + (A) in the custody or under the effective control of the + Department of Defense; or + (B) otherwise under detention at United States Naval + Station, Guantanamo Bay, Cuba. + Sec. 536. None of the funds provided in this Act shall be +available for obligation for the James Webb Space Telescope (JWST) +after December 31, 2020, if the individual identified under subsection +(c)(2)(E) of section 30104 of title 51, United States Code, as +responsible for JWST determines that the formulation and development +costs (with development cost as defined under section 30104 of title +51, United States Code) are likely to exceed $8,802,700,000, unless the +program is modified so that the costs do not exceed $8,802,700,000. + Sec. 537. (a) Notwithstanding any other provision of law or treaty, +none of the funds appropriated or otherwise made available under this +Act or any other Act may be expended or obligated by a department, +agency, or instrumentality of the United States to pay administrative +expenses or to compensate an officer or employee of the United States +in connection with requiring an export license for the export to Canada +of components, parts, accessories or attachments for firearms listed in +Category I, section 121.1 of title 22, Code of Federal Regulations +(International Trafficking in Arms Regulations (ITAR), part 121, as it +existed on April 1, 2005) with a total value not exceeding $500 +wholesale in any transaction, provided that the conditions of +subsection (b) of this section are met by the exporting party for such +articles. + (b) The foregoing exemption from obtaining an export license-- + (1) does not exempt an exporter from filing any Shipper's + Export Declaration or notification letter required by law, or from + being otherwise eligible under the laws of the United States to + possess, ship, transport, or export the articles enumerated in + subsection (a); and + (2) does not permit the export without a license of-- + (A) fully automatic firearms and components and parts for + such firearms, other than for end use by the Federal + Government, or a Provincial or Municipal Government of Canada; + (B) barrels, cylinders, receivers (frames) or complete + breech mechanisms for any firearm listed in Category I, other + than for end use by the Federal Government, or a Provincial or + Municipal Government of Canada; or + (C) articles for export from Canada to another foreign + destination. + (c) In accordance with this section, the District Directors of +Customs and postmasters shall permit the permanent or temporary export +without a license of any unclassified articles specified in subsection +(a) to Canada for end use in Canada or return to the United States, or +temporary import of Canadian-origin items from Canada for end use in +the United States or return to Canada for a Canadian citizen. + (d) The President may require export licenses under this section on +a temporary basis if the President determines, upon publication first +in the Federal Register, that the Government of Canada has implemented +or maintained inadequate import controls for the articles specified in +subsection (a), such that a significant diversion of such articles has +and continues to take place for use in international terrorism or in +the escalation of a conflict in another nation. The President shall +terminate the requirements of a license when reasons for the temporary +requirements have ceased. + Sec. 538. Notwithstanding any other provision of law, no +department, agency, or instrumentality of the United States receiving +appropriated funds under this Act or any other Act shall obligate or +expend in any way such funds to pay administrative expenses or the +compensation of any officer or employee of the United States to deny +any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and +qualified pursuant to 27 CFR section 478.112 or .113, for a permit to +import United States origin ``curios or relics'' firearms, parts, or +ammunition. + Sec. 539. None of the funds made available by this Act may be used +to pay the salaries or expenses of personnel to deny, or fail to act +on, an application for the importation of any model of shotgun if-- + (1) all other requirements of law with respect to the proposed + importation are met; and + (2) no application for the importation of such model of + shotgun, in the same configuration, had been denied by the Attorney + General prior to January 1, 2011, on the basis that the shotgun was + not particularly suitable for or readily adaptable to sporting + purposes. + Sec. 540. None of the funds made available by this Act may be +obligated or expended to implement the Arms Trade Treaty until the +Senate approves a resolution of ratification for the Treaty. + This division may be cited as the ``Commerce, Justice, Science, and +Related Agencies Appropriations Act, 2020''. + + DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS + ACT, 2020 + + TITLE I + + DEPARTMENT OF THE TREASURY + + Departmental Offices + + salaries and expenses + + For necessary expenses of the Departmental Offices including +operation and maintenance of the Treasury Building and Freedman's Bank +Building; hire of passenger motor vehicles; maintenance, repairs, and +improvements of, and purchase of commercial insurance policies for, +real properties leased or owned overseas, when necessary for the +performance of official business; executive direction program +activities; international affairs and economic policy activities; +domestic finance and tax policy activities, including technical +assistance to State, local, and territorial entities; and Treasury-wide +management policies and programs activities, $228,373,000: Provided, +That of the amount appropriated under this heading-- + (1) not to exceed $350,000 is for official reception and + representation expenses; + (2) not to exceed $258,000 is for unforeseen emergencies of a + confidential nature to be allocated and expended under the + direction of the Secretary of the Treasury and to be accounted for + solely on the Secretary's certificate; and + (3) not to exceed $24,000,000 shall remain available until + September 30, 2021, for-- + (A) the Treasury-wide Financial Statement Audit and + Internal Control Program; + (B) information technology modernization requirements; + (C) the audit, oversight, and administration of the Gulf + Coast Restoration Trust Fund; + (D) the development and implementation of programs within + the Office of Critical Infrastructure Protection and Compliance + Policy, including entering into cooperative agreements; + (E) operations and maintenance of facilities; and + (F) international operations. + + committee on foreign investment in the united states fund + + (including transfer of funds) + + For necessary expenses of the Committee on Foreign Investment in +the United States, $20,000,000, to remain available until expended: +Provided, That the chairperson of the Committee may transfer such +amounts to any department or agency represented on the Committee +(including the Department of the Treasury) subject to advance +notification to the Committees on Appropriations of the House of +Representatives and the Senate: Provided further, That amounts so +transferred shall remain available until expended for expenses of +implementing section 721 of the Defense Production Act of 1950, as +amended (50 U.S.C. 4565), and shall be available in addition to any +other funds available to any department or agency: Provided further, +That fees authorized by section 721(p) of such Act shall be credited to +this appropriation as offsetting collections: Provided further, That +the total amount appropriated under this heading from the general fund +shall be reduced as such offsetting collections are received during +fiscal year 2020, so as to result in a total appropriation from the +general fund estimated at not more than $10,000,000. + + office of terrorism and financial intelligence + + salaries and expenses + + For the necessary expenses of the Office of Terrorism and Financial +Intelligence to safeguard the financial system against illicit use and +to combat rogue nations, terrorist facilitators, weapons of mass +destruction proliferators, human rights abusers, money launderers, drug +kingpins, and other national security threats, $169,712,000, of which +not less than $3,000,000 shall be available for addressing human rights +violations and corruption, including activities authorized by the +Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note): + Provided, That of the amounts appropriated under this heading, up to +$10,000,000 shall remain available until September 30, 2021. + + cybersecurity enhancement account + + For salaries and expenses for enhanced cybersecurity for systems +operated by the Department of the Treasury, $18,000,000, to remain +available until September 30, 2022: Provided, That such funds shall +supplement and not supplant any other amounts made available to the +Treasury offices and bureaus for cybersecurity: Provided further, That +of the total amount made available under this heading $1,000,000 shall +be available for administrative expenses for the Treasury Chief +Information Officer to provide oversight of the investments made under +this heading: Provided further, That such funds shall supplement and +not supplant any other amounts made available to the Treasury Chief +Information Officer. + + department-wide systems and capital investments programs + + (including transfer of funds) + + For development and acquisition of automatic data processing +equipment, software, and services and for repairs and renovations to +buildings owned by the Department of the Treasury, $6,118,000, to +remain available until September 30, 2022: Provided, That these funds +shall be transferred to accounts and in amounts as necessary to satisfy +the requirements of the Department's offices, bureaus, and other +organizations: Provided further, That this transfer authority shall be +in addition to any other transfer authority provided in this Act: +Provided further, That none of the funds appropriated under this +heading shall be used to support or supplement ``Internal Revenue +Service, Operations Support'' or ``Internal Revenue Service, Business +Systems Modernization''. + + office of inspector general + + salaries and expenses + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$41,044,000, including hire of passenger motor vehicles; of which not +to exceed $100,000 shall be available for unforeseen emergencies of a +confidential nature, to be allocated and expended under the direction +of the Inspector General of the Treasury; of which up to $2,800,000 to +remain available until September 30, 2021, shall be for audits and +investigations conducted pursuant to section 1608 of the Resources and +Ecosystems Sustainability, Tourist Opportunities, and Revived Economies +of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of +which not to exceed $1,000 shall be available for official reception +and representation expenses. + + treasury inspector general for tax administration + + salaries and expenses + + For necessary expenses of the Treasury Inspector General for Tax +Administration in carrying out the Inspector General Act of 1978, as +amended, including purchase and hire of passenger motor vehicles (31 +U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such +rates as may be determined by the Inspector General for Tax +Administration; $170,250,000, of which $5,000,000 shall remain +available until September 30, 2021; of which not to exceed $6,000,000 +shall be available for official travel expenses; of which not to exceed +$500,000 shall be available for unforeseen emergencies of a +confidential nature, to be allocated and expended under the direction +of the Inspector General for Tax Administration; and of which not to +exceed $1,500 shall be available for official reception and +representation expenses. + + special inspector general for the troubled asset relief program + + salaries and expenses + + For necessary expenses of the Office of the Special Inspector +General in carrying out the provisions of the Emergency Economic +Stabilization Act of 2008 (Public Law 110-343), $22,000,000. + + Financial Crimes Enforcement Network + + salaries and expenses + + For necessary expenses of the Financial Crimes Enforcement Network, +including hire of passenger motor vehicles; travel and training +expenses of non-Federal and foreign government personnel to attend +meetings and training concerned with domestic and foreign financial +intelligence activities, law enforcement, and financial regulation; +services authorized by 5 U.S.C. 3109; not to exceed $12,000 for +official reception and representation expenses; and for assistance to +Federal law enforcement agencies, with or without reimbursement, +$126,000,000, of which not to exceed $34,335,000 shall remain available +until September 30, 2022. + + Bureau of the Fiscal Service + + salaries and expenses + + For necessary expenses of operations of the Bureau of the Fiscal +Service, $340,280,000; of which not to exceed $8,000,000, to remain +available until September 30, 2022, is for information systems +modernization initiatives; and of which $5,000 shall be available for +official reception and representation expenses. + In addition, $165,000, to be derived from the Oil Spill Liability +Trust Fund to reimburse administrative and personnel expenses for +financial management of the Fund, as authorized by section 1012 of +Public Law 101-380. + + Alcohol and Tobacco Tax and Trade Bureau + + salaries and expenses + + For necessary expenses of carrying out section 1111 of the Homeland +Security Act of 2002, including hire of passenger motor vehicles, +$119,600,000; of which not to exceed $6,000 for official reception and +representation expenses; and of which not to exceed $50,000 shall be +available for cooperative research and development programs for +laboratory services; and provision of laboratory assistance to State +and local agencies with or without reimbursement: Provided, That of +the amount appropriated under this heading, $5,000,000 shall be for the +costs of accelerating the processing of formula and label applications: + Provided further, That of the amount appropriated under this heading, +$5,000,000, to remain available until September 30, 2021, shall be for +the costs associated with enforcement of the trade practice provisions +of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.). + + United States Mint + + united states mint public enterprise fund + + Pursuant to section 5136 of title 31, United States Code, the +United States Mint is provided funding through the United States Mint +Public Enterprise Fund for costs associated with the production of +circulating coins, numismatic coins, and protective services, including +both operating expenses and capital investments: Provided, That the +aggregate amount of new liabilities and obligations incurred during +fiscal year 2020 under such section 5136 for circulating coinage and +protective service capital investments of the United States Mint shall +not exceed $30,000,000. + + Community Development Financial Institutions Fund Program Account + + To carry out the Riegle Community Development and Regulatory +Improvement Act of 1994 (subtitle A of title I of Public Law 103-325), +including services authorized by section 3109 of title 5, United States +Code, but at rates for individuals not to exceed the per diem rate +equivalent to the rate for EX-III, $262,000,000. Of the amount +appropriated under this heading-- + (1) not less than $165,500,000, notwithstanding section 108(e) + of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/ + or Emerging Community Development Financial Institutions Assistance + awards, is available until September 30, 2021, for financial + assistance and technical assistance under subparagraphs (A) and (B) + of section 108(a)(1), respectively, of Public Law 103-325 (12 + U.S.C. 4707(a)(1)(A) and (B)), of which up to $1,600,000 may be + available for training and outreach under section 109 of Public Law + 103-325 (12 U.S.C. 4708), of which up to $2,397,500 may be used for + the cost of direct loans, of which up to $4,000,000, + notwithstanding subsection (d) of section 108 of Public Law 103-325 + (12 U.S.C. 4707 (d)), may be available to provide financial + assistance, technical assistance, training, and outreach to + community development financial institutions to expand investments + that benefit individuals with disabilities, and of which not less + than $2,000,000 shall be for the Economic Mobility Corps to be + operated in conjunction with the Corporation for National and + Community Service, pursuant to 42 U.S.C. 12571: Provided, That the + cost of direct and guaranteed loans, including the cost of + modifying such loans, shall be as defined in section 502 of the + Congressional Budget Act of 1974: Provided further, That these + funds are available to subsidize gross obligations for the + principal amount of direct loans not to exceed $25,000,000: + Provided further, That of the funds provided under this paragraph, + excluding those made to community development financial + institutions to expand investments that benefit individuals with + disabilities and those made to community development financial + institutions that serve populations living in persistent poverty + counties, the CDFI Fund shall prioritize Financial Assistance + awards to organizations that invest and lend in high-poverty areas: + Provided further, That for purposes of this section, the term + ``high-poverty area'' means any census tract with a poverty rate of + at least 20 percent as measured by the 2011-2015 5-year data series + available from the American Community Survey of the Bureau of the + Census for all States and Puerto Rico or with a poverty rate of at + least 20 percent as measured by the 2010 Island Areas Decennial + Census data for any other territory or possession of the United + States; + (2) not less than $16,000,000, notwithstanding section 108(e) + of Public Law 103-325 (12 U.S.C. 4707(e)), is available until + September 30, 2021, for financial assistance, technical assistance, + training, and outreach programs designed to benefit Native + American, Native Hawaiian, and Alaska Native communities and + provided primarily through qualified community development lender + organizations with experience and expertise in community + development banking and lending in Indian country, Native American + organizations, tribes and tribal organizations, and other suitable + providers; + (3) not less than $25,000,000 is available until September 30, + 2021, for the Bank Enterprise Award program; + (4) not less than $22,000,000, notwithstanding subsections (d) + and (e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and + (e)), is available until September 30, 2021, for a Healthy Food + Financing Initiative to provide financial assistance, technical + assistance, training, and outreach to community development + financial institutions for the purpose of offering affordable + financing and technical assistance to expand the availability of + healthy food options in distressed communities; + (5) not less than $5,000,000 is available until September 30, + 2021, to provide grants for loan loss reserve funds and to provide + technical assistance for small dollar loan programs under section + 122 of Public Law 103-325 (12 U.S.C. 4719): Provided, That + sections 108(d) and 122(b)(2) of such Public Law shall not apply to + the provision of such grants and technical assistance; + (6) up to $28,500,000 is available until September 30, 2020, + for administrative expenses, including administration of CDFI Fund + programs and the New Markets Tax Credit Program, of which not less + than $1,000,000 is for development of tools to better assess and + inform CDFI investment performance, and up to $300,000 is for + administrative expenses to carry out the direct loan program; and + (7) during fiscal year 2020, none of the funds available under + this heading are available for the cost, as defined in section 502 + of the Congressional Budget Act of 1974, of commitments to + guarantee bonds and notes under section 114A of the Riegle + Community Development and Regulatory Improvement Act of 1994 (12 + U.S.C. 4713a): Provided, That commitments to guarantee bonds and + notes under such section 114A shall not exceed $500,000,000: + Provided further, That such section 114A shall remain in effect + until December 31, 2020: Provided further, That of the funds + awarded under this heading, not less than 10 percent shall be used + for awards that support investments that serve populations living + in persistent poverty counties: Provided further, That for the + purposes of this paragraph and paragraph (1) the term ``persistent + poverty counties'' means any county, including county equivalent + areas in Puerto Rico, that has had 20 percent or more of its + population living in poverty over the past 30 years, as measured by + the 1990 and 2000 decennial censuses and the 2011-2015 5-year data + series available from the American Community Survey of the Bureau + of the Census or any other territory or possession of the United + States that has had 20 percent or more of its population living in + poverty over the past 30 years, as measured by the 1990, 2000 and + 2010 Island Areas Decennial Censuses, or equivalent data, of the + Bureau of the Census. + + Internal Revenue Service + + taxpayer services + + For necessary expenses of the Internal Revenue Service to provide +taxpayer services, including pre-filing assistance and education, +filing and account services, taxpayer advocacy services, and other +services as authorized by 5 U.S.C. 3109, at such rates as may be +determined by the Commissioner, $2,511,554,000, of which not less than +$11,000,000 shall be for the Tax Counseling for the Elderly Program, of +which not less than $12,000,000 shall be available for low-income +taxpayer clinic grants, of which not less than $25,000,000, to remain +available until September 30, 2021, shall be available for the +Community Volunteer Income Tax Assistance Matching Grants Program for +tax return preparation assistance, and of which not less than +$209,000,000 shall be available for operating expenses of the Taxpayer +Advocate Service: Provided, That of the amounts made available for the +Taxpayer Advocate Service, not less than $5,500,000 shall be for +identity theft and refund fraud casework. + + enforcement + + For necessary expenses for tax enforcement activities of the +Internal Revenue Service to determine and collect owed taxes, to +provide legal and litigation support, to conduct criminal +investigations, to enforce criminal statutes related to violations of +internal revenue laws and other financial crimes, to purchase and hire +passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other +services as authorized by 5 U.S.C. 3109, at such rates as may be +determined by the Commissioner, $5,010,000,000, of which not to exceed +$250,000,000 shall remain available until September 30, 2021; of which +not less than $60,257,000 shall be for the Interagency Crime and Drug +Enforcement program; and of which not to exceed $15,000,000 shall be +for investigative technology for the Criminal Investigation Division: +Provided, That the amount made available for investigative technology +for the Criminal Investigation Division shall be in addition to amounts +made available for the Criminal Investigation Division under the +``Operations Support'' heading. + + operations support + + For necessary expenses of the Internal Revenue Service to support +taxpayer services and enforcement programs, including rent payments; +facilities services; printing; postage; physical security; headquarters +and other IRS-wide administration activities; research and statistics +of income; telecommunications; information technology development, +enhancement, operations, maintenance, and security; the hire of +passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the +Internal Revenue Service Oversight Board; and other services as +authorized by 5 U.S.C. 3109, at such rates as may be determined by the +Commissioner; $3,808,500,000, of which not to exceed $250,000,000 shall +remain available until September 30, 2021; of which not to exceed +$10,000,000 shall remain available until expended for acquisition of +equipment and construction, repair and renovation of facilities; of +which not to exceed $1,000,000 shall remain available until September +30, 2022, for research; of which not less than $10,000,000, to remain +available until expended, shall be available for establishment of an +application through which entities registering and renewing +registrations in the System for Award Management may request an +authenticated electronic certification stating that the entity does or +does not have a seriously delinquent tax debt; and of which not to +exceed $20,000 shall be for official reception and representation +expenses: Provided, That not later than 30 days after the end of each +quarter, the Internal Revenue Service shall submit a report to the +Committees on Appropriations of the House of Representatives and the +Senate and the Comptroller General of the United States detailing the +cost and schedule performance for its major information technology +investments, including the purpose and life-cycle stages of the +investments; the reasons for any cost and schedule variances; the risks +of such investments and strategies the Internal Revenue Service is +using to mitigate such risks; and the expected developmental milestones +to be achieved and costs to be incurred in the next quarter: Provided +further, That the Internal Revenue Service shall include, in its budget +justification for fiscal year 2021, a summary of cost and schedule +performance information for its major information technology systems. + + business systems modernization + + For necessary expenses of the Internal Revenue Service's business +systems modernization program, $180,000,000, to remain available until +September 30, 2022, for the capital asset acquisition of information +technology systems, including management and related contractual costs +of said acquisitions, including related Internal Revenue Service labor +costs, and contractual costs associated with operations authorized by 5 +U.S.C. 3109: Provided, That not later than 30 days after the end of +each quarter, the Internal Revenue Service shall submit a report to the +Committees on Appropriations of the House of Representatives and the +Senate and the Comptroller General of the United States detailing the +cost and schedule performance for major information technology +investments, including the purposes and life-cycle stages of the +investments; the reasons for any cost and schedule variances; the risks +of such investments and the strategies the Internal Revenue Service is +using to mitigate such risks; and the expected developmental milestones +to be achieved and costs to be incurred in the next quarter. + + administrative provisions--internal revenue service + + (including transfer of funds) + + Sec. 101. Not to exceed 4 percent of the appropriation made +available in this Act to the Internal Revenue Service under the +``Enforcement'' heading, and not to exceed 5 percent of any other +appropriation made available in this Act to the Internal Revenue +Service, may be transferred to any other Internal Revenue Service +appropriation upon the advance approval of the Committees on +Appropriations of the House of Representatives and the Senate. + Sec. 102. The Internal Revenue Service shall maintain an employee +training program, which shall include the following topics: taxpayers' +rights, dealing courteously with taxpayers, cross-cultural relations, +ethics, and the impartial application of tax law. + Sec. 103. The Internal Revenue Service shall institute and enforce +policies and procedures that will safeguard the confidentiality of +taxpayer information and protect taxpayers against identity theft. + Sec. 104. Funds made available by this or any other Act to the +Internal Revenue Service shall be available for improved facilities and +increased staffing to provide sufficient and effective 1-800 help line +service for taxpayers. The Commissioner shall continue to make +improvements to the Internal Revenue Service 1-800 help line service a +priority and allocate resources necessary to enhance the response time +to taxpayer communications, particularly with regard to victims of tax- +related crimes. + Sec. 105. The Internal Revenue Service shall issue a notice of +confirmation of any address change relating to an employer making +employment tax payments, and such notice shall be sent to both the +employer's former and new address and an officer or employee of the +Internal Revenue Service shall give special consideration to an offer- +in-compromise from a taxpayer who has been the victim of fraud by a +third party payroll tax preparer. + Sec. 106. None of the funds made available under this Act may be +used by the Internal Revenue Service to target citizens of the United +States for exercising any right guaranteed under the First Amendment to +the Constitution of the United States. + Sec. 107. None of the funds made available in this Act may be used +by the Internal Revenue Service to target groups for regulatory +scrutiny based on their ideological beliefs. + Sec. 108. None of funds made available by this Act to the Internal +Revenue Service shall be obligated or expended on conferences that do +not adhere to the procedures, verification processes, documentation +requirements, and policies issued by the Chief Financial Officer, Human +Capital Office, and Agency-Wide Shared Services as a result of the +recommendations in the report published on May 31, 2013, by the +Treasury Inspector General for Tax Administration entitled ``Review of +the August 2010 Small Business/Self-Employed Division's Conference in +Anaheim, California'' (Reference Number 2013-10-037). + Sec. 109. None of the funds made available in this Act to the +Internal Revenue Service may be obligated or expended-- + (1) to make a payment to any employee under a bonus, award, or + recognition program; or + (2) under any hiring or personnel selection process with + respect to re-hiring a former employee; +unless such program or process takes into account the conduct and +Federal tax compliance of such employee or former employee. + Sec. 110. None of the funds made available by this Act may be used +in contravention of section 6103 of the Internal Revenue Code of 1986 +(relating to confidentiality and disclosure of returns and return +information). + + Administrative Provisions--Department of the Treasury + + (including transfers of funds) + + Sec. 111. Appropriations to the Department of the Treasury in this +Act shall be available for uniforms or allowances therefor, as +authorized by law (5 U.S.C. 5901), including maintenance, repairs, and +cleaning; purchase of insurance for official motor vehicles operated in +foreign countries; purchase of motor vehicles without regard to the +general purchase price limitations for vehicles purchased and used +overseas for the current fiscal year; entering into contracts with the +Department of State for the furnishing of health and medical services +to employees and their dependents serving in foreign countries; and +services authorized by 5 U.S.C. 3109. + Sec. 112. Not to exceed 2 percent of any appropriations in this +title made available under the headings ``Departmental Offices-- +Salaries and Expenses'', ``Office of Inspector General'', ``Special +Inspector General for the Troubled Asset Relief Program'', ``Financial +Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and +``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between +such appropriations upon the advance approval of the Committees on +Appropriations of the House of Representatives and the Senate: +Provided, That no transfer under this section may increase or decrease +any such appropriation by more than 2 percent. + Sec. 113. Not to exceed 2 percent of any appropriation made +available in this Act to the Internal Revenue Service may be +transferred to the Treasury Inspector General for Tax Administration's +appropriation upon the advance approval of the Committees on +Appropriations of the House of Representatives and the Senate: +Provided, That no transfer may increase or decrease any such +appropriation by more than 2 percent. + Sec. 114. None of the funds appropriated in this Act or otherwise +available to the Department of the Treasury or the Bureau of Engraving +and Printing may be used to redesign the $1 Federal Reserve note. + Sec. 115. The Secretary of the Treasury may transfer funds from +the ``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt +Collection Fund as necessary to cover the costs of debt collection: +Provided, That such amounts shall be reimbursed to such salaries and +expenses account from debt collections received in the Debt Collection +Fund. + Sec. 116. None of the funds appropriated or otherwise made +available by this or any other Act may be used by the United States +Mint to construct or operate any museum without the explicit approval +of the Committees on Appropriations of the House of Representatives and +the Senate, the House Committee on Financial Services, and the Senate +Committee on Banking, Housing, and Urban Affairs. + Sec. 117. None of the funds appropriated or otherwise made +available by this or any other Act or source to the Department of the +Treasury, the Bureau of Engraving and Printing, and the United States +Mint, individually or collectively, may be used to consolidate any or +all functions of the Bureau of Engraving and Printing and the United +States Mint without the explicit approval of the House Committee on +Financial Services; the Senate Committee on Banking, Housing, and Urban +Affairs; and the Committees on Appropriations of the House of +Representatives and the Senate. + Sec. 118. Funds appropriated by this Act, or made available by the +transfer of funds in this Act, for the Department of the Treasury's +intelligence or intelligence related activities are deemed to be +specifically authorized by the Congress for purposes of section 504 of +the National Security Act of 1947 (50 U.S.C. 414) during fiscal year +2020 until the enactment of the Intelligence Authorization Act for +Fiscal Year 2020. + Sec. 119. Not to exceed $5,000 shall be made available from the +Bureau of Engraving and Printing's Industrial Revolving Fund for +necessary official reception and representation expenses. + Sec. 120. The Secretary of the Treasury shall submit a Capital +Investment Plan to the Committees on Appropriations of the Senate and +the House of Representatives not later than 30 days following the +submission of the annual budget submitted by the President: Provided, +That such Capital Investment Plan shall include capital investment +spending from all accounts within the Department of the Treasury, +including but not limited to the Department-wide Systems and Capital +Investment Programs account, Treasury Franchise Fund account, and the +Treasury Forfeiture Fund account: Provided further, That such Capital +Investment Plan shall include expenditures occurring in previous fiscal +years for each capital investment project that has not been fully +completed. + Sec. 121. Within 45 days after the date of enactment of this Act, +the Secretary of the Treasury shall submit an itemized report to the +Committees on Appropriations of the House of Representatives and the +Senate on the amount of total funds charged to each office by the +Franchise Fund including the amount charged for each service provided +by the Franchise Fund to each office, a detailed description of the +services, a detailed explanation of how each charge for each service is +calculated, and a description of the role customers have in governing +in the Franchise Fund. + Sec. 122. During fiscal year 2020-- + (1) none of the funds made available in this or any other Act + may be used by the Department of the Treasury, including the + Internal Revenue Service, to issue, revise, or finalize any + regulation, revenue ruling, or other guidance not limited to a + particular taxpayer relating to the standard which is used to + determine whether an organization is operated exclusively for the + promotion of social welfare for purposes of section 501(c)(4) of + the Internal Revenue Code of 1986 (including the proposed + regulations published at 78 Fed. Reg. 71535 (November 29, 2013)); + and + (2) the standard and definitions as in effect on January 1, + 2010, which are used to make such determinations shall apply after + the date of the enactment of this Act for purposes of determining + status under section 501(c)(4) of such Code of organizations + created on, before, or after such date. + Sec. 123. (a) Not later than 60 days after the end of each quarter, +the Office of Financial Stability and the Office of Financial Research +shall submit reports on their activities to the Committees on +Appropriations of the House of Representatives and the Senate, the +Committee on Financial Services of the House of Representatives and the +Senate Committee on Banking, Housing, and Urban Affairs. + (b) The reports required under subsection (a) shall include-- + (1) the obligations made during the previous quarter by object + class, office, and activity; + (2) the estimated obligations for the remainder of the fiscal + year by object class, office, and activity; + (3) the number of full-time equivalents within each office + during the previous quarter; + (4) the estimated number of full-time equivalents within each + office for the remainder of the fiscal year; and + (5) actions taken to achieve the goals, objectives, and + performance measures of each office. + (c) At the request of any such Committees specified in subsection +(a), the Office of Financial Stability and the Office of Financial +Research shall make officials available to testify on the contents of +the reports required under subsection (a). + Sec. 124. In addition to the amounts otherwise made available to +the Department of the Treasury, $25,000,000, to remain available until +expended, shall be for expenses associated with digitization and +distribution of the Department's records of matured savings bonds that +have not been redeemed. + This title may be cited as the ``Department of the Treasury +Appropriations Act, 2020''. + + TITLE II + + EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE + PRESIDENT + + The White House + + salaries and expenses + + For necessary expenses for the White House as authorized by law, +including not to exceed $3,850,000 for services as authorized by 5 +U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 +U.S.C. 105, which shall be expended and accounted for as provided in +that section; hire of passenger motor vehicles, and travel (not to +exceed $100,000 to be expended and accounted for as provided by 3 +U.S.C. 103); and not to exceed $19,000 for official reception and +representation expenses, to be available for allocation within the +Executive Office of the President; and for necessary expenses of the +Office of Policy Development, including services as authorized by 5 +U.S.C. 3109 and 3 U.S.C. 107, $55,000,000. + + Executive Residence at the White House + + operating expenses + + For necessary expenses of the Executive Residence at the White +House, $13,081,000, to be expended and accounted for as provided by 3 +U.S.C. 105, 109, 110, and 112-114. + + reimbursable expenses + + For the reimbursable expenses of the Executive Residence at the +White House, such sums as may be necessary: Provided, That all +reimbursable operating expenses of the Executive Residence shall be +made in accordance with the provisions of this paragraph: Provided +further, That, notwithstanding any other provision of law, such amount +for reimbursable operating expenses shall be the exclusive authority of +the Executive Residence to incur obligations and to receive offsetting +collections, for such expenses: Provided further, That the Executive +Residence shall require each person sponsoring a reimbursable political +event to pay in advance an amount equal to the estimated cost of the +event, and all such advance payments shall be credited to this account +and remain available until expended: Provided further, That the +Executive Residence shall require the national committee of the +political party of the President to maintain on deposit $25,000, to be +separately accounted for and available for expenses relating to +reimbursable political events sponsored by such committee during such +fiscal year: Provided further, That the Executive Residence shall +ensure that a written notice of any amount owed for a reimbursable +operating expense under this paragraph is submitted to the person owing +such amount within 60 days after such expense is incurred, and that +such amount is collected within 30 days after the submission of such +notice: Provided further, That the Executive Residence shall charge +interest and assess penalties and other charges on any such amount that +is not reimbursed within such 30 days, in accordance with the interest +and penalty provisions applicable to an outstanding debt on a United +States Government claim under 31 U.S.C. 3717: Provided further, That +each such amount that is reimbursed, and any accompanying interest and +charges, shall be deposited in the Treasury as miscellaneous receipts: +Provided further, That the Executive Residence shall prepare and submit +to the Committees on Appropriations, by not later than 90 days after +the end of the fiscal year covered by this Act, a report setting forth +the reimbursable operating expenses of the Executive Residence during +the preceding fiscal year, including the total amount of such expenses, +the amount of such total that consists of reimbursable official and +ceremonial events, the amount of such total that consists of +reimbursable political events, and the portion of each such amount that +has been reimbursed as of the date of the report: Provided further, +That the Executive Residence shall maintain a system for the tracking +of expenses related to reimbursable events within the Executive +Residence that includes a standard for the classification of any such +expense as political or nonpolitical: Provided further, That no +provision of this paragraph may be construed to exempt the Executive +Residence from any other applicable requirement of subchapter I or II +of chapter 37 of title 31, United States Code. + + White House Repair and Restoration + + For the repair, alteration, and improvement of the Executive +Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to +remain available until expended, for required maintenance, resolution +of safety and health issues, and continued preventative maintenance. + + Council of Economic Advisers + + salaries and expenses + + For necessary expenses of the Council of Economic Advisers in +carrying out its functions under the Employment Act of 1946 (15 U.S.C. +1021 et seq.), $4,000,000. + + National Security Council and Homeland Security Council + + salaries and expenses + + For necessary expenses of the National Security Council and the +Homeland Security Council, including services as authorized by 5 U.S.C. +3109, $11,500,000 of which not to exceed $5,000 shall be available for +official reception and representation expenses. + + Office of Administration + + salaries and expenses + + For necessary expenses of the Office of Administration, including +services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of +passenger motor vehicles, $94,000,000, of which not to exceed +$12,800,000 shall remain available until expended for continued +modernization of information resources within the Executive Office of +the President. + + Office of Management and Budget + + salaries and expenses + + For necessary expenses of the Office of Management and Budget, +including hire of passenger motor vehicles and services as authorized +by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title +44, United States Code, and to prepare and submit the budget of the +United States Government, in accordance with section 1105(a) of title +31, United States Code, $101,600,000, of which not to exceed $3,000 +shall be available for official representation expenses: Provided, +That none of the funds appropriated in this Act for the Office of +Management and Budget may be used for the purpose of reviewing any +agricultural marketing orders or any activities or regulations under +the provisions of the Agricultural Marketing Agreement Act of 1937 (7 +U.S.C. 601 et seq.): Provided further, That none of the funds made +available for the Office of Management and Budget by this Act may be +expended for the altering of the transcript of actual testimony of +witnesses, except for testimony of officials of the Office of +Management and Budget, before the Committees on Appropriations or their +subcommittees: Provided further, That none of the funds made available +for the Office of Management and Budget by this Act may be expended for +the altering of the annual work plan developed by the Corps of +Engineers for submission to the Committees on Appropriations: Provided +further, That none of the funds provided in this or prior Acts shall be +used, directly or indirectly, by the Office of Management and Budget, +for evaluating or determining if water resource project or study +reports submitted by the Chief of Engineers acting through the +Secretary of the Army are in compliance with all applicable laws, +regulations, and requirements relevant to the Civil Works water +resource planning process: Provided further, That the Office of +Management and Budget shall have not more than 60 days in which to +perform budgetary policy reviews of water resource matters on which the +Chief of Engineers has reported: Provided further, That the Director +of the Office of Management and Budget shall notify the appropriate +authorizing and appropriating committees when the 60-day review is +initiated: Provided further, That if water resource reports have not +been transmitted to the appropriate authorizing and appropriating +committees within 15 days after the end of the Office of Management and +Budget review period based on the notification from the Director, +Congress shall assume Office of Management and Budget concurrence with +the report and act accordingly. + + Intellectual Property Enforcement Coordinator + + For necessary expenses of the Office of the Intellectual Property +Enforcement Coordinator, as authorized by title III of the Prioritizing +Resources and Organization for Intellectual Property Act of 2008 +(Public Law 110-403), including services authorized by 5 U.S.C. 3109, +$1,300,000. + + Office of National Drug Control Policy + + salaries and expenses + + For necessary expenses of the Office of National Drug Control +Policy; for research activities pursuant to the Office of National Drug +Control Policy Reauthorization Act of 1998, as amended through Public +Law 115-271; not to exceed $10,000 for official reception and +representation expenses; and for participation in joint projects or in +the provision of services on matters of mutual interest with nonprofit, +research, or public organizations or agencies, with or without +reimbursement, $18,400,000: Provided, That the Office is authorized to +accept, hold, administer, and utilize gifts, both real and personal, +public and private, without fiscal year limitation, for the purpose of +aiding or facilitating the work of the Office. + + federal drug control programs + + high intensity drug trafficking areas program + + (including transfers of funds) + + For necessary expenses of the Office of National Drug Control +Policy's High Intensity Drug Trafficking Areas Program, $285,000,000, +to remain available until September 30, 2021, for drug control +activities consistent with the approved strategy for each of the +designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which +not less than 51 percent shall be transferred to State and local +entities for drug control activities and shall be obligated not later +than 120 days after enactment of this Act: Provided, That up to 49 +percent may be transferred to Federal agencies and departments in +amounts determined by the Director of the Office of National Drug +Control Policy, of which up to $2,700,000 may be used for auditing +services and associated activities: Provided further, That any +unexpended funds obligated prior to fiscal year 2018 may be used for +any other approved activities of that HIDTA, subject to reprogramming +requirements: Provided further, That each HIDTA designated as of +September 30, 2019, shall be funded at not less than the fiscal year +2019 base level, unless the Director submits to the Committees on +Appropriations of the House of Representatives and the Senate +justification for changes to those levels based on clearly articulated +priorities and published Office of National Drug Control Policy +performance measures of effectiveness: Provided further, That the +Director shall notify the Committees on Appropriations of the initial +allocation of fiscal year 2020 funding among HIDTAs not later than 45 +days after enactment of this Act, and shall notify the Committees of +planned uses of discretionary HIDTA funding, as determined in +consultation with the HIDTA Directors, not later than 90 days after +enactment of this Act: Provided further, That upon a determination +that all or part of the funds so transferred from this appropriation +are not necessary for the purposes provided herein and upon +notification to the Committees on Appropriations of the House of +Representatives and the Senate, such amounts may be transferred back to +this appropriation. + + other federal drug control programs + + (including transfers of funds) + + For other drug control activities authorized by the National +Narcotics Leadership Act of 1988 and the Office of National Drug +Control Policy Reauthorization Act of 1998, as amended through Public +Law 115-271, $121,715,000, to remain available until expended, which +shall be available as follows: $101,250,000 for the Drug-Free +Communities Program, of which $2,500,000 shall be made available as +directed by section 4 of Public Law 107-82, as amended by section 8204 +of Public Law 115-271; $2,500,000 for drug court training and technical +assistance; $10,000,000 for anti-doping activities; $2,715,000 for the +United States membership dues to the World Anti-Doping Agency; +$1,250,000 for the Model Acts Program; and $4,000,000 for activities +authorized by section 103 of Public Law 114-198: Provided, That +amounts made available under this heading may be transferred to other +Federal departments and agencies to carry out such activities. + + Unanticipated Needs + + For expenses necessary to enable the President to meet +unanticipated needs, in furtherance of the national interest, security, +or defense which may arise at home or abroad during the current fiscal +year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available +until September 30, 2021. + + Information Technology Oversight and Reform + + (including transfer of funds) + + For necessary expenses for the furtherance of integrated, +efficient, secure, and effective uses of information technology in the +Federal Government, $15,000,000, to remain available until expended: +Provided, That the Director of the Office of Management and Budget may +transfer these funds to one or more other agencies to carry out +projects to meet these purposes. + + Special Assistance to the President + + salaries and expenses + + For necessary expenses to enable the Vice President to provide +assistance to the President in connection with specially assigned +functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, +including subsistence expenses as authorized by 3 U.S.C. 106, which +shall be expended and accounted for as provided in that section; and +hire of passenger motor vehicles, $4,288,000. + + Official Residence of the Vice President + + operating expenses + + (including transfer of funds) + + For the care, operation, refurnishing, improvement, and to the +extent not otherwise provided for, heating and lighting, including +electric power and fixtures, of the official residence of the Vice +President; the hire of passenger motor vehicles; and not to exceed +$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: Provided, That +advances, repayments, or transfers from this appropriation may be made +to any department or agency for expenses of carrying out such +activities. + +Administrative Provisions--Executive Office of the President and Funds + Appropriated to the President + + (including transfer of funds) + + Sec. 201. From funds made available in this Act under the headings +``The White House'', ``Executive Residence at the White House'', +``White House Repair and Restoration'', ``Council of Economic +Advisers'', ``National Security Council and Homeland Security +Council'', ``Office of Administration'', ``Special Assistance to the +President'', and ``Official Residence of the Vice President'', the +Director of the Office of Management and Budget (or such other officer +as the President may designate in writing), may, with advance approval +of the Committees on Appropriations of the House of Representatives and +the Senate, transfer not to exceed 10 percent of any such appropriation +to any other such appropriation, to be merged with and available for +the same time and for the same purposes as the appropriation to which +transferred: Provided, That the amount of an appropriation shall not +be increased by more than 50 percent by such transfers: Provided +further, That no amount shall be transferred from ``Special Assistance +to the President'' or ``Official Residence of the Vice President'' +without the approval of the Vice President. + Sec. 202. (a) During fiscal year 2020, any Executive order or +Presidential memorandum issued or revoked by the President shall be +accompanied by a written statement from the Director of the Office of +Management and Budget on the budgetary impact, including costs, +benefits, and revenues, of such order or memorandum. + (b) Any such statement shall include-- + (1) a narrative summary of the budgetary impact of such order + or memorandum on the Federal Government; + (2) the impact on mandatory and discretionary obligations and + outlays as the result of such order or memorandum, listed by + Federal agency, for each year in the 5-fiscal-year period beginning + in fiscal year 2020; and + (3) the impact on revenues of the Federal Government as the + result of such order or memorandum over the 5-fiscal-year period + beginning in fiscal year 2020. + (c) If an Executive order or Presidential memorandum is issued +during fiscal year 2020 due to a national emergency, the Director of +the Office of Management and Budget may issue the statement required by +subsection (a) not later than 15 days after the date that such order or +memorandum is issued. + (d) The requirement for cost estimates for Presidential memoranda +shall only apply for Presidential memoranda estimated to have a +regulatory cost in excess of $100,000,000. + Sec. 203. Not later than 45 days after the date of enactment of +this Act, the Director of the Office of Management and Budget shall +issue a memorandum to all Federal departments, agencies, and +corporations directing compliance with the provisions in title VII of +this Act. + This title may be cited as the ``Executive Office of the President +Appropriations Act, 2020''. + + TITLE III + + THE JUDICIARY + + Supreme Court of the United States + + salaries and expenses + + For expenses necessary for the operation of the Supreme Court, as +required by law, excluding care of the building and grounds, including +hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and +1344; not to exceed $10,000 for official reception and representation +expenses; and for miscellaneous expenses, to be expended as the Chief +Justice may approve, $87,699,000, of which $1,500,000 shall remain +available until expended. + In addition, there are appropriated such sums as may be necessary +under current law for the salaries of the chief justice and associate +justices of the court. + + care of the building and grounds + + For such expenditures as may be necessary to enable the Architect +of the Capitol to carry out the duties imposed upon the Architect by 40 +U.S.C. 6111 and 6112, $15,590,000, to remain available until expended. + + United States Court of Appeals for the Federal Circuit + + salaries and expenses + + For salaries of officers and employees, and for necessary expenses +of the court, as authorized by law, $32,700,000. + In addition, there are appropriated such sums as may be necessary +under current law for the salaries of the chief judge and judges of the +court. + + United States Court of International Trade + + salaries and expenses + + For salaries of officers and employees of the court, services, and +necessary expenses of the court, as authorized by law, $19,564,000. + In addition, there are appropriated such sums as may be necessary +under current law for the salaries of the chief judge and judges of the +court. + + Courts of Appeals, District Courts, and Other Judicial Services + + salaries and expenses + + For the salaries of judges of the United States Court of Federal +Claims, magistrate judges, and all other officers and employees of the +Federal Judiciary not otherwise specifically provided for, necessary +expenses of the courts, and the purchase, rental, repair, and cleaning +of uniforms for Probation and Pretrial Services Office staff, as +authorized by law, $5,250,234,000 (including the purchase of firearms +and ammunition); of which not to exceed $27,817,000 shall remain +available until expended for space alteration projects and for +furniture and furnishings related to new space alteration and +construction projects. + In addition, there are appropriated such sums as may be necessary +under current law for the salaries of circuit and district judges +(including judges of the territorial courts of the United States), +bankruptcy judges, and justices and judges retired from office or from +regular active service. + In addition, for expenses of the United States Court of Federal +Claims associated with processing cases under the National Childhood +Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed +$9,070,000, to be appropriated from the Vaccine Injury Compensation +Trust Fund. + + defender services + + For the operation of Federal Defender organizations; the +compensation and reimbursement of expenses of attorneys appointed to +represent persons under 18 U.S.C. 3006A and 3599, and for the +compensation and reimbursement of expenses of persons furnishing +investigative, expert, and other services for such representations as +authorized by law; the compensation (in accordance with the maximums +under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys +appointed to assist the court in criminal cases where the defendant has +waived representation by counsel; the compensation and reimbursement of +expenses of attorneys appointed to represent jurors in civil actions +for the protection of their employment, as authorized by 28 U.S.C. +1875(d)(1); the compensation and reimbursement of expenses of attorneys +appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial +civil forfeiture proceedings; the compensation and reimbursement of +travel expenses of guardians ad litem appointed under 18 U.S.C. +4100(b); and for necessary training and general administrative +expenses, $1,234,574,000 to remain available until expended. + + fees of jurors and commissioners + + For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and +1876; compensation of jury commissioners as authorized by 28 U.S.C. +1863; and compensation of commissioners appointed in condemnation cases +pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 +U.S.C. Appendix Rule 71.1(h)), $53,545,000, to remain available until +expended: Provided, That the compensation of land commissioners shall +not exceed the daily equivalent of the highest rate payable under 5 +U.S.C. 5332. + + court security + + (including transfer of funds) + + For necessary expenses, not otherwise provided for, incident to the +provision of protective guard services for United States courthouses +and other facilities housing Federal court operations, and the +procurement, installation, and maintenance of security systems and +equipment for United States courthouses and other facilities housing +Federal court operations, including building ingress-egress control, +inspection of mail and packages, directed security patrols, perimeter +security, basic security services provided by the Federal Protective +Service, and other similar activities as authorized by section 1010 of +the Judicial Improvement and Access to Justice Act (Public Law 100- +702), $639,165,000, of which not to exceed $20,000,000 shall remain +available until expended, to be expended directly or transferred to the +United States Marshals Service, which shall be responsible for +administering the Judicial Facility Security Program consistent with +standards or guidelines agreed to by the Director of the Administrative +Office of the United States Courts and the Attorney General. + + Administrative Office of the United States Courts + + salaries and expenses + + For necessary expenses of the Administrative Office of the United +States Courts as authorized by law, including travel as authorized by +31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 +U.S.C. 1343(b), advertising and rent in the District of Columbia and +elsewhere, $94,261,000, of which not to exceed $8,500 is authorized for +official reception and representation expenses. + + Federal Judicial Center + + salaries and expenses + + For necessary expenses of the Federal Judicial Center, as +authorized by Public Law 90-219, $30,436,000; of which $1,800,000 shall +remain available through September 30, 2021, to provide education and +training to Federal court personnel; and of which not to exceed $1,500 +is authorized for official reception and representation expenses. + + United States Sentencing Commission + + salaries and expenses + + For the salaries and expenses necessary to carry out the provisions +of chapter 58 of title 28, United States Code, $19,670,000, of which +not to exceed $1,000 is authorized for official reception and +representation expenses. + + Administrative Provisions--The Judiciary + + (including transfer of funds) + + Sec. 301. Appropriations and authorizations made in this title +which are available for salaries and expenses shall be available for +services as authorized by 5 U.S.C. 3109. + Sec. 302. Not to exceed 5 percent of any appropriation made +available for the current fiscal year for the Judiciary in this Act may +be transferred between such appropriations, but no such appropriation, +except ``Courts of Appeals, District Courts, and Other Judicial +Services, Defender Services'' and ``Courts of Appeals, District Courts, +and Other Judicial Services, Fees of Jurors and Commissioners'', shall +be increased by more than 10 percent by any such transfers: Provided, +That any transfer pursuant to this section shall be treated as a +reprogramming of funds under sections 604 and 608 of this Act and shall +not be available for obligation or expenditure except in compliance +with the procedures set forth in section 608. + Sec. 303. Notwithstanding any other provision of law, the salaries +and expenses appropriation for ``Courts of Appeals, District Courts, +and Other Judicial Services'' shall be available for official reception +and representation expenses of the Judicial Conference of the United +States: Provided, That such available funds shall not exceed $11,000 +and shall be administered by the Director of the Administrative Office +of the United States Courts in the capacity as Secretary of the +Judicial Conference. + Sec. 304. Section 3315(a) of title 40, United States Code, shall +be applied by substituting ``Federal'' for ``executive'' each place it +appears. + Sec. 305. In accordance with 28 U.S.C. 561-569, and +notwithstanding any other provision of law, the United States Marshals +Service shall provide, for such courthouses as its Director may +designate in consultation with the Director of the Administrative +Office of the United States Courts, for purposes of a pilot program, +the security services that 40 U.S.C. 1315 authorizes the Department of +Homeland Security to provide, except for the services specified in 40 +U.S.C. 1315(b)(2)(E). For building-specific security services at these +courthouses, the Director of the Administrative Office of the United +States Courts shall reimburse the United States Marshals Service rather +than the Department of Homeland Security. + Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of +1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter +following paragraph 12-- + (1) in the second sentence (relating to the District of + Kansas), by striking ``28 years and 6 months'' and inserting ``29 + years and 6 months''; and + (2) in the sixth sentence (relating to the District of Hawaii), + by striking ``25 years and 6 months'' and inserting ``26 years and + 6 months''. + (b) Section 406 of the Transportation, Treasury, Housing and Urban +Development, the Judiciary, the District of Columbia, and Independent +Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470; +28 U.S.C. 133 note) is amended in the second sentence (relating to the +eastern District of Missouri) by striking ``26 years and 6 months'' and +inserting ``27 years and 6 months''. + (c) Section 312(c)(2) of the 21st Century Department of Justice +Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133 +note), is amended-- + (1) in the first sentence by striking ``17 years'' and + inserting ``18 years''; + (2) in the second sentence (relating to the central District of + California), by striking ``16 years and 6 months'' and inserting + ``17 years and 6 months''; and + (3) in the third sentence (relating to the western district of + North Carolina), by striking ``15 years'' and inserting ``16 + years''. + This title may be cited as the ``Judiciary Appropriations Act, +2020''. + + TITLE IV + + DISTRICT OF COLUMBIA + + Federal Funds + + federal payment for resident tuition support + + For a Federal payment to the District of Columbia, to be deposited +into a dedicated account, for a nationwide program to be administered +by the Mayor, for District of Columbia resident tuition support, +$40,000,000, to remain available until expended: Provided, That such +funds, including any interest accrued thereon, may be used on behalf of +eligible District of Columbia residents to pay an amount based upon the +difference between in-State and out-of-State tuition at public +institutions of higher education, or to pay up to $2,500 each year at +eligible private institutions of higher education: Provided further, +That the awarding of such funds may be prioritized on the basis of a +resident's academic merit, the income and need of eligible students and +such other factors as may be authorized: Provided further, That the +District of Columbia government shall maintain a dedicated account for +the Resident Tuition Support Program that shall consist of the Federal +funds appropriated to the Program in this Act and any subsequent +appropriations, any unobligated balances from prior fiscal years, and +any interest earned in this or any fiscal year: Provided further, That +the account shall be under the control of the District of Columbia +Chief Financial Officer, who shall use those funds solely for the +purposes of carrying out the Resident Tuition Support Program: +Provided further, That the Office of the Chief Financial Officer shall +provide a quarterly financial report to the Committees on +Appropriations of the House of Representatives and the Senate for these +funds showing, by object class, the expenditures made and the purpose +therefor. + + federal payment for emergency planning and security costs in the + district of columbia + + For a Federal payment of necessary expenses, as determined by the +Mayor of the District of Columbia in written consultation with the +elected county or city officials of surrounding jurisdictions, +$18,000,000, to remain available until expended, for the costs of +providing public safety at events related to the presence of the +National Capital in the District of Columbia, including support +requested by the Director of the United States Secret Service in +carrying out protective duties under the direction of the Secretary of +Homeland Security, and for the costs of providing support to respond to +immediate and specific terrorist threats or attacks in the District of +Columbia or surrounding jurisdictions. + + federal payment to the district of columbia courts + + For salaries and expenses for the District of Columbia Courts, +$250,088,000 to be allocated as follows: for the District of Columbia +Court of Appeals, $14,682,000, of which not to exceed $2,500 is for +official reception and representation expenses; for the Superior Court +of the District of Columbia, $125,638,000, of which not to exceed +$2,500 is for official reception and representation expenses; for the +District of Columbia Court System, $75,518,000, of which not to exceed +$2,500 is for official reception and representation expenses; and +$34,250,000, to remain available until September 30, 2021, for capital +improvements for District of Columbia courthouse facilities: Provided, +That funds made available for capital improvements shall be expended +consistent with the District of Columbia Courts master plan study and +facilities condition assessment: Provided further, That, in addition +to the amounts appropriated herein, fees received by the District of +Columbia Courts for administering bar examinations and processing +District of Columbia bar admissions may be retained and credited to +this appropriation, to remain available until expended, for salaries +and expenses associated with such activities, notwithstanding section +450 of the District of Columbia Home Rule Act (D.C. Official Code, sec. +1-204.50): Provided further, That notwithstanding any other provision +of law, all amounts under this heading shall be apportioned quarterly +by the Office of Management and Budget and obligated and expended in +the same manner as funds appropriated for salaries and expenses of +other Federal agencies: Provided further, That 30 days after providing +written notice to the Committees on Appropriations of the House of +Representatives and the Senate, the District of Columbia Courts may +reallocate not more than $9,000,000 of the funds provided under this +heading among the items and entities funded under this heading: +Provided further, That the Joint Committee on Judicial Administration +in the District of Columbia may, by regulation, establish a program +substantially similar to the program set forth in subchapter II of +chapter 35 of title 5, United States Code, for employees of the +District of Columbia Courts. + + federal payment for defender services in district of columbia courts + + For payments authorized under section 11-2604 and section 11-2605, +D.C. Official Code (relating to representation provided under the +District of Columbia Criminal Justice Act), payments for counsel +appointed in proceedings in the Family Court of the Superior Court of +the District of Columbia under chapter 23 of title 16, D.C. Official +Code, or pursuant to contractual agreements to provide guardian ad +litem representation, training, technical assistance, and such other +services as are necessary to improve the quality of guardian ad litem +representation, payments for counsel appointed in adoption proceedings +under chapter 3 of title 16, D.C. Official Code, and payments +authorized under section 21-2060, D.C. Official Code (relating to +services provided under the District of Columbia Guardianship, +Protective Proceedings, and Durable Power of Attorney Act of 1986), +$46,005,000, to remain available until expended: Provided, That funds +provided under this heading shall be administered by the Joint +Committee on Judicial Administration in the District of Columbia: +Provided further, That, notwithstanding any other provision of law, +this appropriation shall be apportioned quarterly by the Office of +Management and Budget and obligated and expended in the same manner as +funds appropriated for expenses of other Federal agencies. + + federal payment to the court services and offender supervision agency + for the district of columbia + + For salaries and expenses, including the transfer and hire of motor +vehicles, of the Court Services and Offender Supervision Agency for the +District of Columbia, as authorized by the National Capital +Revitalization and Self-Government Improvement Act of 1997, +$248,524,000, of which not to exceed $2,000 is for official reception +and representation expenses related to Community Supervision and +Pretrial Services Agency programs, and of which not to exceed $25,000 +is for dues and assessments relating to the implementation of the Court +Services and Offender Supervision Agency Interstate Supervision Act of +2002: Provided, That, of the funds appropriated under this heading, +$181,065,000 shall be for necessary expenses of Community Supervision +and Sex Offender Registration, to include expenses relating to the +supervision of adults subject to protection orders or the provision of +services for or related to such persons, of which $3,818,000 shall +remain available until September 30, 2022 for costs associated with +relocation under a replacement lease for headquarters offices, field +offices, and related facilities: Provided further, That, of the funds +appropriated under this heading, $67,459,000 shall be available to the +Pretrial Services Agency, of which $998,000 shall remain available +until September 30, 2022 for costs associated with relocation under a +replacement lease for headquarters offices, field offices, and related +facilities: Provided further, That notwithstanding any other provision +of law, all amounts under this heading shall be apportioned quarterly +by the Office of Management and Budget and obligated and expended in +the same manner as funds appropriated for salaries and expenses of +other Federal agencies: Provided further, That amounts under this +heading may be used for programmatic incentives for defendants to +successfully complete their terms of supervision. + + federal payment to the district of columbia public defender service + + For salaries and expenses, including the transfer and hire of motor +vehicles, of the District of Columbia Public Defender Service, as +authorized by the National Capital Revitalization and Self-Government +Improvement Act of 1997, $44,011,000, of which $344,000 shall remain +available until September 30, 2022 for costs associated with relocation +under a replacement lease for headquarters offices, field offices, and +related facilities: Provided, That notwithstanding any other provision +of law, all amounts under this heading shall be apportioned quarterly +by the Office of Management and Budget and obligated and expended in +the same manner as funds appropriated for salaries and expenses of +Federal agencies: Provided further, That the District of Columbia +Public Defender Service may establish for employees of the District of +Columbia Public Defender Service a program substantially similar to the +program set forth in subchapter II of chapter 35 of title 5, United +States Code, except that the maximum amount of the payment made under +the program to any individual may not exceed the amount referred to in +section 3523(b)(3)(B) of title 5, United States Code. + + federal payment to the criminal justice coordinating council + + For a Federal payment to the Criminal Justice Coordinating Council, +$2,150,000, to remain available until expended, to support initiatives +related to the coordination of Federal and local criminal justice +resources in the District of Columbia. + + federal payment for judicial commissions + + For a Federal payment, to remain available until September 30, +2021, to the Commission on Judicial Disabilities and Tenure, $325,000, +and for the Judicial Nomination Commission, $275,000. + + federal payment for school improvement + + For a Federal payment for a school improvement program in the +District of Columbia, $52,500,000, to remain available until expended, +for payments authorized under the Scholarships for Opportunity and +Results Act (division C of Public Law 112-10): Provided, That, to the +extent that funds are available for opportunity scholarships and +following the priorities included in section 3006 of such Act, the +Secretary of Education shall make scholarships available to students +eligible under section 3013(3) of such Act (Public Law 112-10; 125 +Stat. 211) including students who were not offered a scholarship during +any previous school year: Provided further, That within funds provided +for opportunity scholarships up to $1,200,000 shall be for the +activities specified in sections 3007(b) through 3007(d) of the Act and +up to $500,000 shall be for the activities specified in section 3009 of +the Act. + + federal payment for the district of columbia national guard + + For a Federal payment to the District of Columbia National Guard, +$413,000, to remain available until expended for the Major General +David F. Wherley, Jr. District of Columbia National Guard Retention and +College Access Program. + + federal payment for testing and treatment of hiv/aids + + For a Federal payment to the District of Columbia for the testing +of individuals for, and the treatment of individuals with, human +immunodeficiency virus and acquired immunodeficiency syndrome in the +District of Columbia, $4,000,000. + + federal payment to the district of columbia water and sewer authority + + For a Federal payment to the District of Columbia Water and Sewer +Authority, $8,000,000, to remain available until expended, to continue +implementation of the Combined Sewer Overflow Long-Term Plan: +Provided, That the District of Columbia Water and Sewer Authority +provides a 100 percent match for this payment. + + District of Columbia Funds + + Local funds are appropriated for the District of Columbia for the +current fiscal year out of the General Fund of the District of Columbia +(``General Fund'') for programs and activities set forth in the Fiscal +Year 2020 Local Budget Act of 2019 (D.C. Act 23-78) and at rates set +forth under such Act, as amended as of the date of enactment of this +Act: Provided, That notwithstanding any other provision of law, except +as provided in section 450A of the District of Columbia Home Rule Act +(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the +Financial Services and General Government Appropriations Act, 2009 +(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of +this Act, the total amount appropriated in this Act for operating +expenses for the District of Columbia for fiscal year 2020 under this +heading shall not exceed the estimates included in the Fiscal Year 2020 +Local Budget Act of 2019, as amended as of the date of enactment of +this Act or the sum of the total revenues of the District of Columbia +for such fiscal year: Provided further, That the amount appropriated +may be increased by proceeds of one-time transactions, which are +expended for emergency or unanticipated operating or capital needs: +Provided further, That such increases shall be approved by enactment of +local District law and shall comply with all reserve requirements +contained in the District of Columbia Home Rule Act: Provided further, +That the Chief Financial Officer of the District of Columbia shall take +such steps as are necessary to assure that the District of Columbia +meets these requirements, including the apportioning by the Chief +Financial Officer of the appropriations and funds made available to the +District during fiscal year 2020, except that the Chief Financial +Officer may not reprogram for operating expenses any funds derived from +bonds, notes, or other obligations issued for capital projects. + This title may be cited as the ``District of Columbia +Appropriations Act, 2020''. + + TITLE V + + INDEPENDENT AGENCIES + + Administrative Conference of the United States + + salaries and expenses + + For necessary expenses of the Administrative Conference of the +United States, authorized by 5 U.S.C. 591 et seq., $3,250,000, to +remain available until September 30, 2021, of which not to exceed +$1,000 is for official reception and representation expenses. + + Consumer Product Safety Commission + + salaries and expenses + + For necessary expenses of the Consumer Product Safety Commission, +including hire of passenger motor vehicles, services as authorized by 5 +U.S.C. 3109, but at rates for individuals not to exceed the per diem +rate equivalent to the maximum rate payable under 5 U.S.C. 5376, +purchase of nominal awards to recognize non-Federal officials' +contributions to Commission activities, and not to exceed $4,000 for +official reception and representation expenses, $132,500,000, of which +$1,300,000 shall remain available until expended to carry out the +program, including administrative costs, required by section 1405 of +the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140; +15 U.S.C. 8004). + + administrative provision--consumer product safety commission + + Sec. 501. During fiscal year 2020, none of the amounts made +available by this Act may be used to finalize or implement the Safety +Standard for Recreational Off-Highway Vehicles published by the +Consumer Product Safety Commission in the Federal Register on November +19, 2014 (79 Fed. Reg. 68964) until after-- + (1) the National Academy of Sciences, in consultation with the + National Highway Traffic Safety Administration and the Department + of Defense, completes a study to determine-- + (A) the technical validity of the lateral stability and + vehicle handling requirements proposed by such standard for + purposes of reducing the risk of Recreational Off-Highway + Vehicle (referred to in this section as ``ROV'') rollovers in + the off-road environment, including the repeatability and + reproducibility of testing for compliance with such + requirements; + (B) the number of ROV rollovers that would be prevented if + the proposed requirements were adopted; + (C) whether there is a technical basis for the proposal to + provide information on a point-of-sale hangtag about a ROV's + rollover resistance on a progressive scale; and + (D) the effect on the utility of ROVs used by the United + States military if the proposed requirements were adopted; and + (2) a report containing the results of the study completed + under paragraph (1) is delivered to-- + (A) the Committee on Commerce, Science, and Transportation + of the Senate; + (B) the Committee on Energy and Commerce of the House of + Representatives; + (C) the Committee on Appropriations of the Senate; and + (D) the Committee on Appropriations of the House of + Representatives. + + Election Assistance Commission + + salaries and expenses + + (including transfer of funds) + + For necessary expenses to carry out the Help America Vote Act of +2002 (Public Law 107-252), $15,171,000, of which $1,500,000 shall be +transferred to the National Institute of Standards and Technology for +election reform activities authorized under the Help America Vote Act +of 2002; and of which $2,400,000 shall remain available until September +30, 2021, for relocation expenses. + + election security grants + + Notwithstanding section 104(c)(2)(B) of the Help America Vote Act +of 2002 (52 U.S.C. 20904(c)(2)(B)), $425,000,000 is provided to the +Election Assistance Commission for necessary expenses to make payments +to States for activities to improve the administration of elections for +Federal office, including to enhance election technology and make +election security improvements, as authorized by sections 101, 103, and +104 of such Act: Provided, That for purposes of applying such +sections, the Commonwealth of the Northern Mariana Islands shall be +deemed to be a State and, for purposes of sections 101(d)(2) and 103(a) +shall be treated in the same manner as the Commonwealth of Puerto Rico, +Guam, American Samoa, and the United States Virgin Islands: Provided +further, That each reference to the ``Administrator of General +Services'' or the ``Administrator'' in sections 101 and 103 shall be +deemed to refer to the ``Election Assistance Commission'': Provided +further, That each reference to ``$5,000,000'' in section 103 shall be +deemed to refer to ``$3,000,000'' and each reference to ``$1,000,000'' +in section 103 shall be deemed to refer to ``$600,000'': Provided +further, That not later than 45 days after the date of enactment of +this Act, the Election Assistance Commission shall make the payments to +States under this heading: Provided further, That not later than two +years after receiving a payment under this heading, a State shall make +available funds for such activities in an amount equal to 20 percent of +the total amount of the payment made to the State under this heading. + + Federal Communications Commission + + salaries and expenses + + For necessary expenses of the Federal Communications Commission, as +authorized by law, including uniforms and allowances therefor, as +authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official +reception and representation expenses; purchase and hire of motor +vehicles; special counsel fees; and services as authorized by 5 U.S.C. +3109, $339,000,000, to remain available until expended: Provided, That +$339,000,000 of offsetting collections shall be assessed and collected +pursuant to section 9 of title I of the Communications Act of 1934, +shall be retained and used for necessary expenses and shall remain +available until expended: Provided further, That the sum herein +appropriated shall be reduced as such offsetting collections are +received during fiscal year 2020 so as to result in a final fiscal year +2020 appropriation estimated at $0: Provided further, That, +notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a +competitive bidding system that may be retained and made available for +obligation shall not exceed $132,539,000 for fiscal year 2020: +Provided further, That, of the amount appropriated under this heading, +not less than $11,105,700 shall be for the salaries and expenses of the +Office of Inspector General. + + administrative provisions--federal communications commission + + Sec. 510. Section 302 of the Universal Service Antideficiency +Temporary Suspension Act is amended by striking ``December 31, 2019'' +each place it appears and inserting ``December 31, 2020''. + Sec. 511. None of the funds appropriated by this Act may be used +by the Federal Communications Commission to modify, amend, or change +its rules or regulations for universal service support payments to +implement the February 27, 2004, recommendations of the Federal-State +Joint Board on Universal Service regarding single connection or primary +line restrictions on universal service support payments. + + Federal Deposit Insurance Corporation + + office of the inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$42,982,000, to be derived from the Deposit Insurance Fund or, only +when appropriate, the FSLIC Resolution Fund. + + Federal Election Commission + + salaries and expenses + + For necessary expenses to carry out the provisions of the Federal +Election Campaign Act of 1971, $71,497,000, of which not to exceed +$5,000 shall be available for reception and representation expenses. + + Federal Labor Relations Authority + + salaries and expenses + + For necessary expenses to carry out functions of the Federal Labor +Relations Authority, pursuant to Reorganization Plan Numbered 2 of +1978, and the Civil Service Reform Act of 1978, including services +authorized by 5 U.S.C. 3109, and including hire of experts and +consultants, hire of passenger motor vehicles, and including official +reception and representation expenses (not to exceed $1,500) and rental +of conference rooms in the District of Columbia and elsewhere, +$24,890,000: Provided, That public members of the Federal Service +Impasses Panel may be paid travel expenses and per diem in lieu of +subsistence as authorized by law (5 U.S.C. 5703) for persons employed +intermittently in the Government service, and compensation as +authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding +31 U.S.C. 3302, funds received from fees charged to non-Federal +participants at labor-management relations conferences shall be +credited to and merged with this account, to be available without +further appropriation for the costs of carrying out these conferences. + + Federal Permitting Improvement Steering Council + + environmental review improvement fund + + (including transfer of funds) + + For necessary expenses of the Environmental Review Improvement Fund +established pursuant to 42 U.S.C. 4370m-8(d), $8,000,000, to remain +available until expended: Provided, That funds appropriated in prior +appropriations Acts under the heading ``General Services +Administration--General Activities--Environmental Review Improvement +Fund'' shall be transferred to and merged with this account. + + Federal Trade Commission + + salaries and expenses + + For necessary expenses of the Federal Trade Commission, including +uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; +services as authorized by 5 U.S.C. 3109; hire of passenger motor +vehicles; and not to exceed $2,000 for official reception and +representation expenses, $331,000,000, to remain available until +expended: Provided, That not to exceed $300,000 shall be available for +use to contract with a person or persons for collection services in +accordance with the terms of 31 U.S.C. 3718: Provided further, That, +notwithstanding any other provision of law, not to exceed $141,000,000 +of offsetting collections derived from fees collected for premerger +notification filings under the Hart-Scott-Rodino Antitrust Improvements +Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, +shall be retained and used for necessary expenses in this +appropriation: Provided further, That, notwithstanding any other +provision of law, not to exceed $18,000,000 in offsetting collections +derived from fees sufficient to implement and enforce the Telemarketing +Sales Rule, promulgated under the Telemarketing and Consumer Fraud and +Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to +this account, and be retained and used for necessary expenses in this +appropriation: Provided further, That the sum herein appropriated from +the general fund shall be reduced as such offsetting collections are +received during fiscal year 2020, so as to result in a final fiscal +year 2020 appropriation from the general fund estimated at not more +than $172,000,000: Provided further, That none of the funds made +available to the Federal Trade Commission may be used to implement +subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act +(12 U.S.C. 1831t). + + General Services Administration + + real property activities + + federal buildings fund + + limitations on availability of revenue + + (including transfers of funds) + + Amounts in the Fund, including revenues and collections deposited +into the Fund, shall be available for necessary expenses of real +property management and related activities not otherwise provided for, +including operation, maintenance, and protection of federally owned and +leased buildings; rental of buildings in the District of Columbia; +restoration of leased premises; moving governmental agencies (including +space adjustments and telecommunications relocation expenses) in +connection with the assignment, allocation, and transfer of space; +contractual services incident to cleaning or servicing buildings, and +moving; repair and alteration of federally owned buildings, including +grounds, approaches, and appurtenances; care and safeguarding of sites; +maintenance, preservation, demolition, and equipment; acquisition of +buildings and sites by purchase, condemnation, or as otherwise +authorized by law; acquisition of options to purchase buildings and +sites; conversion and extension of federally owned buildings; +preliminary planning and design of projects by contract or otherwise; +construction of new buildings (including equipment for such buildings); +and payment of principal, interest, and any other obligations for +public buildings acquired by installment purchase and purchase +contract; in the aggregate amount of $8,856,530,000, of which-- + (1) $152,400,000 shall remain available until expended for + construction and acquisition (including funds for sites and + expenses, and associated design and construction services) for the + San Luis I Land Port of Entry, San Luis, Arizona: Provided, That + the foregoing limit of costs on new construction and acquisition + may be exceeded to the extent that savings are effected in other + such projects, but not to exceed 10 percent of the amounts included + in a transmitted prospectus, if required, unless advance approval + is obtained from the Committees on Appropriations of a greater + amount; + (2) $833,752,000 shall remain available until expended for + repairs and alterations, including associated design and + construction services, of which-- + (A) $451,695,000 is for Major Repairs and Alterations; and + (B) $382,057,000 is for Basic Repairs and Alterations: + Provided, That funds made available in this or any previous Act + in the Federal Buildings Fund for Repairs and Alterations shall, + for prospectus projects, be limited to the amount identified for + each project, except each project in this or any previous Act may + be increased by an amount not to exceed 10 percent unless advance + approval is obtained from the Committees on Appropriations of a + greater amount: Provided further, That additional projects for + which prospectuses have been fully approved may be funded under + this category only if advance approval is obtained from the + Committees on Appropriations: Provided further, That the amounts + provided in this or any prior Act for ``Repairs and Alterations'' + may be used to fund costs associated with implementing security + improvements to buildings necessary to meet the minimum standards + for security in accordance with current law and in compliance with + the reprogramming guidelines of the appropriate Committees of the + House and Senate: Provided further, That the difference between + the funds appropriated and expended on any projects in this or any + prior Act, under the heading ``Repairs and Alterations'', may be + transferred to Basic Repairs and Alterations or used to fund + authorized increases in prospectus projects: Provided further, + That the amount provided in this or any prior Act for Basic Repairs + and Alterations may be used to pay claims against the Government + arising from any projects under the heading ``Repairs and + Alterations'' or used to fund authorized increases in prospectus + projects; + (3) $5,497,561,000 for rental of space to remain available + until expended; and + (4) $2,372,817,000 for building operations to remain available + until expended: Provided, That the total amount of funds made + available from this Fund to the General Services Administration + shall not be available for expenses of any construction, repair, + alteration and acquisition project for which a prospectus, if + required by 40 U.S.C. 3307(a), has not been approved, except that + necessary funds may be expended for each project for required + expenses for the development of a proposed prospectus: Provided + further, That funds available in the Federal Buildings Fund may be + expended for emergency repairs when advance approval is obtained + from the Committees on Appropriations: Provided further, That + amounts necessary to provide reimbursable special services to other + agencies under 40 U.S.C. 592(b)(2) and amounts to provide such + reimbursable fencing, lighting, guard booths, and other facilities + on private or other property not in Government ownership or control + as may be appropriate to enable the United States Secret Service to + perform its protective functions pursuant to 18 U.S.C. 3056, shall + be available from such revenues and collections: Provided further, + That revenues and collections and any other sums accruing to this + Fund during fiscal year 2020, excluding reimbursements under 40 + U.S.C. 592(b)(2), in excess of the aggregate new obligational + authority authorized for Real Property Activities of the Federal + Buildings Fund in this Act shall remain in the Fund and shall not + be available for expenditure except as authorized in appropriations + Acts. + + general activities + + government-wide policy + + For expenses authorized by law, not otherwise provided for, for +Government-wide policy and evaluation activities associated with the +management of real and personal property assets and certain +administrative services; Government-wide policy support +responsibilities relating to acquisition, travel, motor vehicles, +information technology management, and related technology activities; +and services as authorized by 5 U.S.C. 3109; $64,000,000. + + operating expenses + + For expenses authorized by law, not otherwise provided for, for +Government-wide activities associated with utilization and donation of +surplus personal property; disposal of real property; agency-wide +policy direction, management, and communications; and services as +authorized by 5 U.S.C. 3109; $49,440,000, of which $26,890,000 is for +Real and Personal Property Management and Disposal; and of which +$22,550,000 is for the Office of the Administrator, of which not to +exceed $7,500 is for official reception and representation expenses. + + civilian board of contract appeals + + For expenses authorized by law, not otherwise provided for, for the +activities associated with the Civilian Board of Contract Appeals, +$9,301,000. + + office of inspector general + + For necessary expenses of the Office of Inspector General and +service authorized by 5 U.S.C. 3109, $67,000,000: Provided, That not +to exceed $50,000 shall be available for payment for information and +detection of fraud against the Government, including payment for +recovery of stolen Government property: Provided further, That not to +exceed $2,500 shall be available for awards to employees of other +Federal agencies and private citizens in recognition of efforts and +initiatives resulting in enhanced Office of Inspector General +effectiveness. + + allowances and office staff for former presidents + + For carrying out the provisions of the Act of August 25, 1958 (3 +U.S.C. 102 note), and Public Law 95-138, $3,851,000. + + federal citizen services fund + + (including transfer of funds) + + For necessary expenses of the Office of Products and Programs, +including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and +for necessary expenses in support of interagency projects that enable +the Federal Government to enhance its ability to conduct activities +electronically, through the development and implementation of +innovative uses of information technology; $55,000,000, to be deposited +into the Federal Citizen Services Fund: Provided, That the previous +amount may be transferred to Federal agencies to carry out the purpose +of the Federal Citizen Services Fund: Provided further, That the +appropriations, revenues, reimbursements, and collections deposited +into the Fund shall be available until expended for necessary expenses +of Federal Citizen Services and other activities that enable the +Federal Government to enhance its ability to conduct activities +electronically in the aggregate amount not to exceed $100,000,000: +Provided further, That appropriations, revenues, reimbursements, and +collections accruing to this Fund during fiscal year 2020 in excess of +such amount shall remain in the Fund and shall not be available for +expenditure except as authorized in appropriations Acts: Provided +further, That, of the total amount appropriated, up to $5,000,000 shall +be available for support functions and full-time hires to support +activities related to the Administration's requirements under Title II +of the Foundations for Evidence-Based Policymaking Act (Public Law 115- +435): Provided further, That the transfer authorities provided herein +shall be in addition to any other transfer authority provided in this +Act. + + pre-election presidential transition + + (including transfer of funds) + + For activities authorized by the Pre-Election Presidential +Transition Act of 2010 (Public Law 111-283), not to exceed $9,620,000, +to remain available until September 30, 2021: Provided, That such +amounts may be transferred to ``Acquisition Services Fund'' or +``Federal Buildings Fund'' to reimburse obligations incurred for the +purposes provided herein in fiscal years 2019 and 2020: Provided +further, That amounts made available under this heading shall be in +addition to any other amounts available for such purposes. + + technology modernization fund + + For the Technology Modernization Fund, $25,000,000, to remain +available until expended, for technology-related modernization +activities. + + administrative provisions--general services administration + + (including transfer of funds) + + Sec. 520. Funds available to the General Services Administration +shall be available for the hire of passenger motor vehicles. + Sec. 521. Funds in the Federal Buildings Fund made available for +fiscal year 2020 for Federal Buildings Fund activities may be +transferred between such activities only to the extent necessary to +meet program requirements: Provided, That any proposed transfers shall +be approved in advance by the Committees on Appropriations of the House +of Representatives and the Senate. + Sec. 522. Except as otherwise provided in this title, funds made +available by this Act shall be used to transmit a fiscal year 2021 +request for United States Courthouse construction only if the request: +(1) meets the design guide standards for construction as established +and approved by the General Services Administration, the Judicial +Conference of the United States, and the Office of Management and +Budget; (2) reflects the priorities of the Judicial Conference of the +United States as set out in its approved Courthouse Project Priorities +plan; and (3) includes a standardized courtroom utilization study of +each facility to be constructed, replaced, or expanded. + Sec. 523. None of the funds provided in this Act may be used to +increase the amount of occupiable square feet, provide cleaning +services, security enhancements, or any other service usually provided +through the Federal Buildings Fund, to any agency that does not pay the +rate per square foot assessment for space and services as determined by +the General Services Administration in consideration of the Public +Buildings Amendments Act of 1972 (Public Law 92-313). + Sec. 524. From funds made available under the heading Federal +Buildings Fund, Limitations on Availability of Revenue, claims against +the Government of less than $250,000 arising from direct construction +projects and acquisition of buildings may be liquidated from savings +effected in other construction projects with prior notification to the +Committees on Appropriations of the House of Representatives and the +Senate. + Sec. 525. In any case in which the Committee on Transportation and +Infrastructure of the House of Representatives and the Committee on +Environment and Public Works of the Senate adopt a resolution granting +lease authority pursuant to a prospectus transmitted to Congress by the +Administrator of the General Services Administration under 40 U.S.C. +3307, the Administrator shall ensure that the delineated area of +procurement is identical to the delineated area included in the +prospectus for all lease agreements, except that, if the Administrator +determines that the delineated area of the procurement should not be +identical to the delineated area included in the prospectus, the +Administrator shall provide an explanatory statement to each of such +committees and the Committees on Appropriations of the House of +Representatives and the Senate prior to exercising any lease authority +provided in the resolution. + Sec. 526. With respect to each project funded under the heading +``Major Repairs and Alterations'', and with respect to E-Government +projects funded under the heading ``Federal Citizen Services Fund'', +the Administrator of General Services shall submit a spending plan and +explanation for each project to be undertaken to the Committees on +Appropriations of the House of Representatives and the Senate not later +than 60 days after the date of enactment of this Act. + Sec. 527. In addition to the amounts otherwise made available in +this Act for the General Services Administration, $3,000,000, to remain +available until expended, shall be for the Administrator of General +Services to implement changes to the System for Award Management +providing for submission of the authenticated certification described +under the heading ``Internal Revenue Service, Operations Support''. + + Harry S Truman Scholarship Foundation + + salaries and expenses + + For payment to the Harry S Truman Scholarship Foundation Trust +Fund, established by section 10 of Public Law 93-642, $1,670,000, to +remain available until expended. + + Merit Systems Protection Board + + salaries and expenses + + (including transfer of funds) + + For necessary expenses to carry out functions of the Merit Systems +Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, +the Civil Service Reform Act of 1978, and the Whistleblower Protection +Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 +U.S.C. 3109, rental of conference rooms in the District of Columbia and +elsewhere, hire of passenger motor vehicles, direct procurement of +survey printing, and not to exceed $2,000 for official reception and +representation expenses, $44,490,000, to remain available until +September 30, 2021, and in addition not to exceed $2,345,000, to remain +available until September 30, 2021, for administrative expenses to +adjudicate retirement appeals to be transferred from the Civil Service +Retirement and Disability Fund in amounts determined by the Merit +Systems Protection Board. + + Morris K. Udall and Stewart L. Udall Foundation + + morris k. udall and stewart l. udall trust fund + + (including transfer of funds) + + For payment to the Morris K. Udall and Stewart L. Udall Trust Fund, +pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 +U.S.C. 5601 et seq.), $1,800,000, to remain available until expended, +of which, notwithstanding sections 8 and 9 of such Act, up to +$1,000,000 shall be available to carry out the activities authorized by +section 6(7) of Public Law 102-259 and section 817(a) of Public Law +106-568 (20 U.S.C. 5604(7)): Provided, That all current and previous +amounts transferred to the Office of Inspector General of the +Department of the Interior will remain available until expended for +audits and investigations of the Morris K. Udall and Stewart L. Udall +Foundation, consistent with the Inspector General Act of 1978 (5 U.S.C. +App.), as amended, and for annual independent financial audits of the +Morris K. Udall and Stewart L. Udall Foundation pursuant to the +Accountability of Tax Dollars Act of 2002 (Public Law 107-289): +Provided further, That previous amounts transferred to the Office of +Inspector General of the Department of the Interior may be transferred +to the Morris K. Udall and Stewart L. Udall Foundation for annual +independent financial audits pursuant to the Accountability of Tax +Dollars Act of 2002 (Public Law 107-289). + + environmental dispute resolution fund + + For payment to the Environmental Dispute Resolution Fund to carry +out activities authorized in the Environmental Policy and Conflict +Resolution Act of 1998, $3,200,000, to remain available until expended. + + National Archives and Records Administration + + operating expenses + + For necessary expenses in connection with the administration of the +National Archives and Records Administration and archived Federal +records and related activities, as provided by law, and for expenses +necessary for the review and declassification of documents, the +activities of the Public Interest Declassification Board, the +operations and maintenance of the electronic records archives, the hire +of passenger motor vehicles, and for uniforms or allowances therefor, +as authorized by law (5 U.S.C. 5901), including maintenance, repairs, +and cleaning, $359,000,000, of which $22,000,000 shall remain available +until expended for the repair and alteration of the National Archives +facility in College Park, Maryland, and related improvements necessary +to enhance the Federal Government's ability to electronically preserve, +manage, and store Government records, and of which up to $2,000,000 +shall remain available until expended to implement the Civil Rights +Cold Case Records Collection Act of 2018 (Public Law 115-426). + + office of inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Reform Act of +2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector +General Act of 1978 (5 U.S.C. App.), and for the hire of passenger +motor vehicles, $4,823,000. + + repairs and restoration + + For the repair, alteration, and improvement of archives facilities, +and to provide adequate storage for holdings, $7,500,000, to remain +available until expended. + + national historical publications and records commission + + grants program + + For necessary expenses for allocations and grants for historical +publications and records as authorized by 44 U.S.C. 2504, $6,500,000, +to remain available until expended. + + National Credit Union Administration + + community development revolving loan fund + + For the Community Development Revolving Loan Fund program as +authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000 shall be +available until September 30, 2021, for technical assistance to low- +income designated credit unions. + + Office of Government Ethics + + salaries and expenses + + For necessary expenses to carry out functions of the Office of +Government Ethics pursuant to the Ethics in Government Act of 1978, the +Ethics Reform Act of 1989, and the Stop Trading on Congressional +Knowledge Act of 2012, including services as authorized by 5 U.S.C. +3109, rental of conference rooms in the District of Columbia and +elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 +for official reception and representation expenses, $17,500,000. + + Office of Personnel Management + + salaries and expenses + + (including transfer of trust funds) + + For necessary expenses to carry out functions of the Office of +Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 +of 1978 and the Civil Service Reform Act of 1978, including services as +authorized by 5 U.S.C. 3109; medical examinations performed for +veterans by private physicians on a fee basis; rental of conference +rooms in the District of Columbia and elsewhere; hire of passenger +motor vehicles; not to exceed $2,500 for official reception and +representation expenses; advances for reimbursements to applicable +funds of OPM and the Federal Bureau of Investigation for expenses +incurred under Executive Order No. 10422 of January 9, 1953, as +amended; and payment of per diem and/or subsistence allowances to +employees where Voting Rights Act activities require an employee to +remain overnight at his or her post of duty, $145,130,000: Provided, +That of the total amount made available under this heading, up to +$14,000,000 shall remain available until expended, for information +technology infrastructure modernization and Trust Fund Federal +Financial System migration or modernization, and shall be in addition +to funds otherwise made available for such purposes: Provided further, +That of the total amount made available under this heading, $1,068,000 +may be made available for strengthening the capacity and capabilities +of the acquisition workforce (as defined by the Office of Federal +Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), including +the recruitment, hiring, training, and retention of such workforce and +information technology in support of acquisition workforce +effectiveness or for management solutions to improve acquisition +management; and in addition $154,625,000 for administrative expenses, +to be transferred from the appropriate trust funds of OPM without +regard to other statutes, including direct procurement of printed +materials, for the retirement and insurance programs: Provided +further, That the provisions of this appropriation shall not affect the +authority to use applicable trust funds as provided by sections +8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title +5, United States Code: Provided further, That no part of this +appropriation shall be available for salaries and expenses of the Legal +Examining Unit of OPM established pursuant to Executive Order No. 9358 +of July 1, 1943, or any successor unit of like purpose: Provided +further, That the President's Commission on White House Fellows, +established by Executive Order No. 11183 of October 3, 1964, may, +during fiscal year 2020, accept donations of money, property, and +personal services: Provided further, That such donations, including +those from prior years, may be used for the development of publicity +materials to provide information about the White House Fellows, except +that no such donations shall be accepted for travel or reimbursement of +travel expenses, or for the salaries of employees of such Commission. + + office of inspector general + + salaries and expenses + + (including transfer of trust funds) + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +including services as authorized by 5 U.S.C. 3109, hire of passenger +motor vehicles, $5,000,000, and in addition, not to exceed $25,265,000 +for administrative expenses to audit, investigate, and provide other +oversight of the Office of Personnel Management's retirement and +insurance programs, to be transferred from the appropriate trust funds +of the Office of Personnel Management, as determined by the Inspector +General: Provided, That the Inspector General is authorized to rent +conference rooms in the District of Columbia and elsewhere. + + Office of Special Counsel + + salaries and expenses + + For necessary expenses to carry out functions of the Office of +Special Counsel, including services as authorized by 5 U.S.C. 3109, +payment of fees and expenses for witnesses, rental of conference rooms +in the District of Columbia and elsewhere, and hire of passenger motor +vehicles; $27,500,000. + + Postal Regulatory Commission + + salaries and expenses + + (including transfer of funds) + + For necessary expenses of the Postal Regulatory Commission in +carrying out the provisions of the Postal Accountability and +Enhancement Act (Public Law 109-435), $16,615,000, to be derived by +transfer from the Postal Service Fund and expended as authorized by +section 603(a) of such Act. + + Privacy and Civil Liberties Oversight Board + + salaries and expenses + + For necessary expenses of the Privacy and Civil Liberties Oversight +Board, as authorized by section 1061 of the Intelligence Reform and +Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $8,200,000, to +remain available until September 30, 2021. + + Securities and Exchange Commission + + salaries and expenses + + For necessary expenses for the Securities and Exchange Commission, +including services as authorized by 5 U.S.C. 3109, the rental of space +(to include multiple year leases) in the District of Columbia and +elsewhere, and not to exceed $3,500 for official reception and +representation expenses, $1,815,000,000, to remain available until +expended; of which not less than $15,662,000 shall be for the Office of +Inspector General; of which not to exceed $75,000 shall be available +for a permanent secretariat for the International Organization of +Securities Commissions; and of which not to exceed $100,000 shall be +available for expenses for consultations and meetings hosted by the +Commission with foreign governmental and other regulatory officials, +members of their delegations and staffs to exchange views concerning +securities matters, such expenses to include necessary logistic and +administrative expenses and the expenses of Commission staff and +foreign invitees in attendance including: (1) incidental expenses such +as meals; (2) travel and transportation; and (3) related lodging or +subsistence. + In addition to the foregoing appropriation, for move, replication, +and related costs associated with a replacement lease for the +Commission's New York Regional Office facilities, not to exceed +$10,525,000, to remain available until expended. + For purposes of calculating the fee rate under section 31(j) of the +Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year +2020, all amounts appropriated under this heading shall be deemed to be +the regular appropriation to the Commission for fiscal year 2020: +Provided, That fees and charges authorized by section 31 of the +Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to +this account as offsetting collections: Provided further, That not to +exceed $1,815,000,000 of such offsetting collections shall be available +until expended for necessary expenses of this account and not to exceed +$10,525,000 of such offsetting collections shall be available until +expended for move, replication, and related costs under this heading +associated with a replacement lease for the Commission's New York +Regional Office facilities: Provided further, That the total amount +appropriated under this heading from the general fund for fiscal year +2020 shall be reduced as such offsetting fees are received so as to +result in a final total fiscal year 2020 appropriation from the general +fund estimated at not more than $0: Provided further, That if any +amount of the appropriation for move, replication, and related costs +associated with a replacement lease for the Commission's New York +Regional Office facilities is subsequently de-obligated by the +Commission, such amount that was derived from the general fund shall be +returned to the general fund, and such amounts that were derived from +fees or assessments collected for such purpose shall be paid to each +national securities exchange and national securities association, +respectively, in proportion to any fees or assessments paid by such +national securities exchange or national securities association under +section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in +fiscal year 2020. + + administrative provision--securities and exchange commission + + Sec. 530. Within one year of the enactment of this Act, the +Securities and Exchange Commission shall submit to the Committees on +Appropriations of the House of Representatives and the Senate, the +Committee on Financial Services of the House of Representatives, and +the Committee on Banking, Housing, and Urban Affairs of the Senate, a +report concerning the Municipal Securities Rulemaking Board. The report +shall detail: + (1) the Commission's legal authorities with respect to: + (A) the composition of the board and the selection of board + members; and + (B) the compensation of board members and executive staff; + (2) whether board member and executive staff compensation is + commensurate with that of State and local public finance officials, + including State treasurers and municipal finance directors; and + (3) whether the current board member selection process ensures + adequate representation of municipal securities stakeholders and + accountability to local governments and municipal bondholders. + + Selective Service System + + salaries and expenses + + For necessary expenses of the Selective Service System, including +expenses of attendance at meetings and of training for uniformed +personnel assigned to the Selective Service System, as authorized by 5 +U.S.C. 4101-4118 for civilian employees; hire of passenger motor +vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed +$750 for official reception and representation expenses; $27,100,000: +Provided, That during the current fiscal year, the President may exempt +this appropriation from the provisions of 31 U.S.C. 1341, whenever the +President deems such action to be necessary in the interest of national +defense: Provided further, That none of the funds appropriated by this +Act may be expended for or in connection with the induction of any +person into the Armed Forces of the United States. + + Small Business Administration + + salaries and expenses + + For necessary expenses, not otherwise provided for, of the Small +Business Administration, including hire of passenger motor vehicles as +authorized by sections 1343 and 1344 of title 31, United States Code, +and not to exceed $3,500 for official reception and representation +expenses, $270,157,000, of which not less than $12,000,000 shall be +available for examinations, reviews, and other lender oversight +activities: Provided, That the Administrator is authorized to charge +fees to cover the cost of publications developed by the Small Business +Administration, and certain loan program activities, including fees +authorized by section 5(b) of the Small Business Act: Provided +further, That, notwithstanding 31 U.S.C. 3302, revenues received from +all such activities shall be credited to this account, to remain +available until expended, for carrying out these purposes without +further appropriations: Provided further, That the Small Business +Administration may accept gifts in an amount not to exceed $4,000,000 +and may co-sponsor activities, each in accordance with section 132(a) +of division K of Public Law 108-447, during fiscal year 2020: Provided +further, That $6,100,000 shall be available for the Loan Modernization +and Accounting System, to be available until September 30, 2021: +Provided further, That $3,000,000 shall be for the Federal and State +Technology Partnership Program under section 34 of the Small Business +Act (15 U.S.C. 657d). + + entrepreneurial development programs + + For necessary expenses of programs supporting entrepreneurial and +small business development, $261,000,000, to remain available until +September 30, 2021: Provided, That $135,000,000 shall be available to +fund grants for performance in fiscal year 2020 or fiscal year 2021 as +authorized by section 21 of the Small Business Act: Provided further, +That $34,500,000 shall be for marketing, management, and technical +assistance under section 7(m) of the Small Business Act (15 U.S.C. +636(m)(4)) by intermediaries that make microloans under the microloan +program: Provided further, That $19,000,000 shall be available for +grants to States to carry out export programs that assist small +business concerns authorized under section 22(l) of the Small Business +Act (15 U.S.C. 649(l)). + + office of inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$21,900,000. + + office of advocacy + + For necessary expenses of the Office of Advocacy in carrying out +the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et +seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et +seq.), $9,120,000, to remain available until expended. + + business loans program account + + (including transfers of funds) + + For the cost of direct loans, $5,000,000, to remain available until +expended, and for the cost of guaranteed loans as authorized by section +7(a) of the Small Business Act (Public Law 83-163), $99,000,000, to +remain available until expended: Provided, That such costs, including +the cost of modifying such loans, shall be as defined in section 502 of +the Congressional Budget Act of 1974: Provided further, That subject +to section 502 of the Congressional Budget Act of 1974, during fiscal +year 2020 commitments to guarantee loans under section 503 of the Small +Business Investment Act of 1958 shall not exceed $7,500,000,000: +Provided further, That during fiscal year 2020 commitments for general +business loans authorized under section 7(a) of the Small Business Act +shall not exceed $30,000,000,000 for a combination of amortizing term +loans and the aggregated maximum line of credit provided by revolving +loans: Provided further, That during fiscal year 2020 commitments for +loans authorized under subparagraph (C) of section 502(7) of the Small +Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed +$7,500,000,000: Provided further, That during fiscal year 2020 +commitments to guarantee loans for debentures under section 303(b) of +the Small Business Investment Act of 1958 shall not exceed +$4,000,000,000: Provided further, That during fiscal year 2020, +guarantees of trust certificates authorized by section 5(g) of the +Small Business Act shall not exceed a principal amount of +$12,000,000,000. In addition, for administrative expenses to carry out +the direct and guaranteed loan programs, $155,150,000, which may be +transferred to and merged with the appropriations for Salaries and +Expenses. + + disaster loans program account + + (including transfers of funds) + + For administrative expenses to carry out the direct loan program +authorized by section 7(b) of the Small Business Act, $177,136,000, to +be available until expended, of which $1,600,000 is for the Office of +Inspector General of the Small Business Administration for audits and +reviews of disaster loans and the disaster loan programs and shall be +transferred to and merged with the appropriations for the Office of +Inspector General; of which $167,136,000 is for direct administrative +expenses of loan making and servicing to carry out the direct loan +program, which may be transferred to and merged with the appropriations +for Salaries and Expenses; and of which $8,400,000 is for indirect +administrative expenses for the direct loan program, which may be +transferred to and merged with the appropriations for Salaries and +Expenses: Provided, That, of the funds provided under this heading, +$150,888,000 shall be for major disasters declared pursuant to the +Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 +U.S.C. 5122(2)): Provided further, That the amount for major disasters +under this heading is designated by Congress as being for disaster +relief pursuant to section 251(b)(2)(D) of the Balanced Budget and +Emergency Deficit Control Act of 1985 (Public Law 99-177). + + administrative provisions--small business administration + + (including transfers of funds) + + Sec. 540. Not to exceed 5 percent of any appropriation made +available for the current fiscal year for the Small Business +Administration in this Act may be transferred between such +appropriations, but no such appropriation shall be increased by more +than 10 percent by any such transfers: Provided, That any transfer +pursuant to this paragraph shall be treated as a reprogramming of funds +under section 608 of this Act and shall not be available for obligation +or expenditure except in compliance with the procedures set forth in +that section. + Sec. 541. Not to exceed 3 percent of any appropriation made +available in this Act for the Small Business Administration under the +headings ``Salaries and Expenses'' and ``Business Loans Program +Account'' may be transferred to the Administration's information +technology system modernization and working capital fund (IT WCF), as +authorized by section 1077(b)(1) of title X of division A of the +National Defense Authorization Act for Fiscal Year 2018, for the +purposes specified in section 1077(b)(3) of such Act, upon the advance +approval of the Committees on Appropriations of the House of +Representatives and the Senate: Provided, That amounts transferred to +the IT WCF under this section shall remain available for obligation +through September 30, 2023. + + United States Postal Service + + payment to the postal service fund + + For payment to the Postal Service Fund for revenue forgone on free +and reduced rate mail, pursuant to subsections (c) and (d) of section +2401 of title 39, United States Code, $56,711,000: Provided, That mail +for overseas voting and mail for the blind shall continue to be free: +Provided further, That 6-day delivery and rural delivery of mail shall +continue at not less than the 1983 level: Provided further, That none +of the funds made available to the Postal Service by this Act shall be +used to implement any rule, regulation, or policy of charging any +officer or employee of any State or local child support enforcement +agency, or any individual participating in a State or local program of +child support enforcement, a fee for information requested or provided +concerning an address of a postal customer: Provided further, That +none of the funds provided in this Act shall be used to consolidate or +close small rural and other small post offices: Provided further, That +the Postal Service may not destroy, and shall continue to offer for +sale, any copies of the Multinational Species Conservation Funds +Semipostal Stamp, as authorized under the Multinational Species +Conservation Funds Semipostal Stamp Act of 2010 (Public Law 111-241). + + office of inspector general + + salaries and expenses + + (including transfer of funds) + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$250,000,000, to be derived by transfer from the Postal Service Fund +and expended as authorized by section 603(b)(3) of the Postal +Accountability and Enhancement Act (Public Law 109-435). + + United States Tax Court + + salaries and expenses + + For necessary expenses, including contract reporting and other +services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for +official reception and representation expenses: $53,000,000, of which +$1,000,000 shall remain available until expended: Provided, That +travel expenses of the judges shall be paid upon the written +certificate of the judge. + + TITLE VI + + GENERAL PROVISIONS--THIS ACT + + (including rescission of funds) + + Sec. 601. None of the funds in this Act shall be used for the +planning or execution of any program to pay the expenses of, or +otherwise compensate, non-Federal parties intervening in regulatory or +adjudicatory proceedings funded in this Act. + Sec. 602. None of the funds appropriated in this Act shall remain +available for obligation beyond the current fiscal year, nor may any be +transferred to other appropriations, unless expressly so provided +herein. + Sec. 603. The expenditure of any appropriation under this Act for +any consulting service through procurement contract pursuant to 5 +U.S.C. 3109, shall be limited to those contracts where such +expenditures are a matter of public record and available for public +inspection, except where otherwise provided under existing law, or +under existing Executive order issued pursuant to existing law. + Sec. 604. None of the funds made available in this Act may be +transferred to any department, agency, or instrumentality of the United +States Government, except pursuant to a transfer made by, or transfer +authority provided in, this Act or any other appropriations Act. + Sec. 605. None of the funds made available by this Act shall be +available for any activity or for paying the salary of any Government +employee where funding an activity or paying a salary to a Government +employee would result in a decision, determination, rule, regulation, +or policy that would prohibit the enforcement of section 307 of the +Tariff Act of 1930 (19 U.S.C. 1307). + Sec. 606. No funds appropriated pursuant to this Act may be +expended by an entity unless the entity agrees that in expending the +assistance the entity will comply with chapter 83 of title 41, United +States Code. + Sec. 607. No funds appropriated or otherwise made available under +this Act shall be made available to any person or entity that has been +convicted of violating chapter 83 of title 41, United States Code. + Sec. 608. Except as otherwise provided in this Act, none of the +funds provided in this Act, provided by previous appropriations Acts to +the agencies or entities funded in this Act that remain available for +obligation or expenditure in fiscal year 2020, or provided from any +accounts in the Treasury derived by the collection of fees and +available to the agencies funded by this Act, shall be available for +obligation or expenditure through a reprogramming of funds that: (1) +creates a new program; (2) eliminates a program, project, or activity; +(3) increases funds or personnel for any program, project, or activity +for which funds have been denied or restricted by the Congress; (4) +proposes to use funds directed for a specific activity by the Committee +on Appropriations of either the House of Representatives or the Senate +for a different purpose; (5) augments existing programs, projects, or +activities in excess of $5,000,000 or 10 percent, whichever is less; +(6) reduces existing programs, projects, or activities by $5,000,000 or +10 percent, whichever is less; or (7) creates or reorganizes offices, +programs, or activities unless prior approval is received from the +Committees on Appropriations of the House of Representatives and the +Senate: Provided, That prior to any significant reorganization, +restructuring, relocation, or closing of offices, programs, or +activities, each agency or entity funded in this Act shall consult with +the Committees on Appropriations of the House of Representatives and +the Senate: Provided further, That not later than 60 days after the +date of enactment of this Act, each agency funded by this Act shall +submit a report to the Committees on Appropriations of the House of +Representatives and the Senate to establish the baseline for +application of reprogramming and transfer authorities for the current +fiscal year: Provided further, That at a minimum the report shall +include: (1) a table for each appropriation, detailing both full-time +employee equivalents and budget authority, with separate columns to +display the prior year enacted level, the President's budget request, +adjustments made by Congress, adjustments due to enacted rescissions, +if appropriate, and the fiscal year enacted level; (2) a delineation in +the table for each appropriation and its respective prior year enacted +level by object class and program, project, and activity as detailed in +this Act, in the accompanying report, or in the budget appendix for the +respective appropriation, whichever is more detailed, and which shall +apply to all items for which a dollar amount is specified and to all +programs for which new budget authority is provided, as well as to +discretionary grants and discretionary grant allocations; and (3) an +identification of items of special congressional interest: Provided +further, That the amount appropriated or limited for salaries and +expenses for an agency shall be reduced by $100,000 per day for each +day after the required date that the report has not been submitted to +the Congress. + Sec. 609. Except as otherwise specifically provided by law, not to +exceed 50 percent of unobligated balances remaining available at the +end of fiscal year 2020 from appropriations made available for salaries +and expenses for fiscal year 2020 in this Act, shall remain available +through September 30, 2021, for each such account for the purposes +authorized: Provided, That a request shall be submitted to the +Committees on Appropriations of the House of Representatives and the +Senate for approval prior to the expenditure of such funds: Provided +further, That these requests shall be made in compliance with +reprogramming guidelines. + Sec. 610. (a) None of the funds made available in this Act may be +used by the Executive Office of the President to request-- + (1) any official background investigation report on any + individual from the Federal Bureau of Investigation; or + (2) a determination with respect to the treatment of an + organization as described in section 501(c) of the Internal Revenue + Code of 1986 and exempt from taxation under section 501(a) of such + Code from the Department of the Treasury or the Internal Revenue + Service. + (b) Subsection (a) shall not apply-- + (1) in the case of an official background investigation report, + if such individual has given express written consent for such + request not more than 6 months prior to the date of such request + and during the same presidential administration; or + (2) if such request is required due to extraordinary + circumstances involving national security. + Sec. 611. The cost accounting standards promulgated under chapter +15 of title 41, United States Code shall not apply with respect to a +contract under the Federal Employees Health Benefits Program +established under chapter 89 of title 5, United States Code. + Sec. 612. For the purpose of resolving litigation and implementing +any settlement agreements regarding the nonforeign area cost-of-living +allowance program, the Office of Personnel Management may accept and +utilize (without regard to any restriction on unanticipated travel +expenses imposed in an Appropriations Act) funds made available to the +Office of Personnel Management pursuant to court approval. + Sec. 613. No funds appropriated by this Act shall be available to +pay for an abortion, or the administrative expenses in connection with +any health plan under the Federal employees health benefits program +which provides any benefits or coverage for abortions. + Sec. 614. The provision of section 613 shall not apply where the +life of the mother would be endangered if the fetus were carried to +term, or the pregnancy is the result of an act of rape or incest. + Sec. 615. In order to promote Government access to commercial +information technology, the restriction on purchasing nondomestic +articles, materials, and supplies set forth in chapter 83 of title 41, +United States Code (popularly known as the Buy American Act), shall not +apply to the acquisition by the Federal Government of information +technology (as defined in section 11101 of title 40, United States +Code), that is a commercial item (as defined in section 103 of title +41, United States Code). + Sec. 616. Notwithstanding section 1353 of title 31, United States +Code, no officer or employee of any regulatory agency or commission +funded by this Act may accept on behalf of that agency, nor may such +agency or commission accept, payment or reimbursement from a non- +Federal entity for travel, subsistence, or related expenses for the +purpose of enabling an officer or employee to attend and participate in +any meeting or similar function relating to the official duties of the +officer or employee when the entity offering payment or reimbursement +is a person or entity subject to regulation by such agency or +commission, or represents a person or entity subject to regulation by +such agency or commission, unless the person or entity is 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. + Sec. 617. Notwithstanding section 708 of this Act, funds made +available to the Commodity Futures Trading Commission and the +Securities and Exchange Commission by this or any other Act may be used +for the interagency funding and sponsorship of a joint advisory +committee to advise on emerging regulatory issues. + Sec. 618. (a)(1) Notwithstanding any other provision of law, an +Executive agency covered by this Act otherwise authorized to enter into +contracts for either leases or the construction or alteration of real +property for office, meeting, storage, or other space must consult with +the General Services Administration before issuing a solicitation for +offers of new leases or construction contracts, and in the case of +succeeding leases, before entering into negotiations with the current +lessor. + (2) Any such agency with authority to enter into an emergency lease +may do so during any period declared by the President to require +emergency leasing authority with respect to such agency. + (b) For purposes of this section, the term ``Executive agency +covered by this Act'' means any Executive agency provided funds by this +Act, but does not include the General Services Administration or the +United States Postal Service. + Sec. 619. (a) There are appropriated for the following activities +the amounts required under current law: + (1) Compensation of the President (3 U.S.C. 102). + (2) Payments to-- + (A) the Judicial Officers' Retirement Fund (28 U.S.C. + 377(o)); + (B) the Judicial Survivors' Annuities Fund (28 U.S.C. + 376(c)); and + (C) the United States Court of Federal Claims Judges' + Retirement Fund (28 U.S.C. 178(l)). + (3) Payment of Government contributions-- + (A) with respect to the health benefits of retired + employees, as authorized by chapter 89 of title 5, United + States Code, and the Retired Federal Employees Health Benefits + Act (74 Stat. 849); and + (B) with respect to the life insurance benefits for + employees retiring after December 31, 1989 (5 U.S.C. ch. 87). + (4) Payment to finance the unfunded liability of new and + increased annuity benefits under the Civil Service Retirement and + Disability Fund (5 U.S.C. 8348). + (5) Payment of annuities authorized to be paid from the Civil + Service Retirement and Disability Fund by statutory provisions + other than subchapter III of chapter 83 or chapter 84 of title 5, + United States Code. + (b) Nothing in this section may be construed to exempt any amount +appropriated by this section from any otherwise applicable limitation +on the use of funds contained in this Act. + Sec. 620. (a) In addition to amounts made available in prior fiscal +years, the Public Company Accounting Oversight Board (Board) shall have +authority to obligate funds for the scholarship program established by +section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107- +204) in fiscal year 2020 in an aggregate amount not exceeding the +amount of funds collected by the Board between January 1, 2019, and +September 30, 2019, including accrued interest, and between October 1, +2019, and September 30, 2020, including accrued interest, as a result +of the assessment of monetary penalties. Funds available for obligation +in fiscal year 2020 shall remain available until expended. + (b) Beginning in fiscal year 2021 and for each fiscal year +thereafter, the Board shall have authority to obligate funds for the +scholarship program established by section 109(c)(2) of the Sarbanes- +Oxley Act of 2002 (Public Law 107-204) in such fiscal year in an +aggregate amount not exceeding the amounts of funds collected by the +Board between October 1 and September 30 of such fiscal year, including +accrued interest, as a result of the assessment of monetary penalties. +Funds made available for obligation in any fiscal year shall be in +addition to amounts made available in prior fiscal years and shall +remain available until expended. + Sec. 621. None of the funds made available in this Act may be used +by the Federal Trade Commission to complete the draft report entitled +``Interagency Working Group on Food Marketed to Children: Preliminary +Proposed Nutrition Principles to Guide Industry Self-Regulatory +Efforts'' unless the Interagency Working Group on Food Marketed to +Children complies with Executive Order No. 13563. + Sec. 622. (a) The head of each executive branch agency funded by +this Act shall ensure that the Chief Information Officer of the agency +has the authority to participate in decisions regarding the budget +planning process related to information technology. + (b) Amounts appropriated for any executive branch agency funded by +this Act that are available for information technology shall be +allocated within the agency, consistent with the provisions of +appropriations Acts and budget guidelines and recommendations from the +Director of the Office of Management and Budget, in such manner as +specified by, or approved by, the Chief Information Officer of the +agency in consultation with the Chief Financial Officer of the agency +and budget officials. + Sec. 623. None of the funds made available in this Act may be used +in contravention of chapter 29, 31, or 33 of title 44, United States +Code. + Sec. 624. None of the funds made available in this Act may be used +by a governmental entity to require the disclosure by a provider of +electronic communication service to the public or remote computing +service of the contents of a wire or electronic communication that is +in electronic storage with the provider (as such terms are defined in +sections 2510 and 2711 of title 18, United States Code) in a manner +that violates the Fourth Amendment to the Constitution of the United +States. + Sec. 625. None of the funds appropriated by this Act may be used +by the Federal Communications Commission to modify, amend, or change +the rules or regulations of the Commission for universal service high- +cost support for competitive eligible telecommunications carriers in a +way that is inconsistent with paragraph (e)(5) or (e)(6) of section +54.307 of title 47, Code of Federal Regulations, as in effect on July +15, 2015: Provided, That this section shall not prohibit the +Commission from considering, developing, or adopting other support +mechanisms as an alternative to Mobility Fund Phase II. + Sec. 626. No funds provided in this Act shall be used to deny an +Inspector General funded under this Act timely access to any records, +documents, or other materials available to the department or agency +over which that Inspector General has responsibilities under the +Inspector General Act of 1978, or to prevent or impede that Inspector +General's access to such records, documents, or other materials, under +any provision of law, except a provision of law that expressly refers +to the Inspector General and expressly limits the Inspector General's +right of access. A department or agency covered by this section shall +provide its Inspector General with access to all such records, +documents, and other materials in a timely manner. Each Inspector +General shall ensure compliance with statutory limitations on +disclosure relevant to the information provided by the establishment +over which that Inspector General has responsibilities under the +Inspector General Act of 1978. Each Inspector General covered by this +section shall report to the Committees on Appropriations of the House +of Representatives and the Senate within 5 calendar days any failures +to comply with this requirement. + Sec. 627. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, adjudication activities, or other law enforcement- or +victim assistance-related activity. + Sec. 628. None of the funds appropriated or other-wise made +available by this Act may be used to pay award or incentive fees for +contractors whose performance has been judged to be below satisfactory, +behind schedule, over budget, or has failed to meet the basic +requirements of a contract, unless the Agency determines that any such +deviations are due to unforeseeable events, government-driven scope +changes, or are not significant within the overall scope of the project +and/or program and unless such awards or incentive fees are consistent +with 16.401(e)(2) of the Federal Acquisition Regulation. + Sec. 629. (a) None of the funds made available under this Act may +be used to pay for travel and conference activities that result in a +total cost to an Executive branch department, agency, board or +commission funded by this Act of more than $500,000 at any single +conference unless the agency or entity determines that such attendance +is in the national interest and advance notice is transmitted to the +Committees on Appropriations of the House of Representatives and the +Senate that includes the basis of that determination. + (b) None of the funds made available under this Act may be used to +pay for the travel to or attendance of more than 50 employees, who are +stationed in the United States, at any single conference occurring +outside the United States unless the agency or entity determines that +such attendance is in the national interest and advance notice is +transmitted to the Committees on Appropriations of the House of +Representatives and the Senate that includes the basis of that +determination. + Sec. 630. None of the funds made available by this Act may be used +for first-class or business-class travel by the employees of executive +branch agencies funded by this Act in contravention of sections 301- +10.122 through 301-10.125 of title 41, Code of Federal Regulations. + Sec. 631. In addition to any amounts appropriated or otherwise +made available for expenses related to enhancements to +www.oversight.gov, $1,000,000, to remain available until expended, +shall be provided for an additional amount for such purpose to the +Inspectors General Council Fund established pursuant to Section +11(c)(3)(B) of the Inspector General Act of 1978 (5 U.S.C. App.): +Provided, That these amounts shall be in addition to any amounts or any +authority available to the Council of the Inspectors General on +Integrity and Efficiency under section 11 of the Inspector General Act +of 1978 (5 U.S.C. App.). + Sec. 632. Of the unobligated balances from prior year +appropriations available under the heading ``Small Business +Administration--Business Loans Program Account'' heading, $16,369,000 +are hereby permanently rescinded: Provided, That no amounts may be +rescinded under this section from amounts that were designated by the +Congress as an emergency requirement pursuant to a concurrent +resolution on the budget or the Balanced Budget and Emergency Deficit +Control Act of 1985. + Sec. 633. None of the funds made available by this Act may be +obligated on contracts in excess of $5,000 for public relations, as +that term is defined in Office and Management and Budget Circular A-87 +(revised May 10, 2004), unless advance notice of such an obligation is +transmitted to the Committees on Appropriations of the House of +Representatives and the Senate. + Sec. 634. None of the funds made available by this Act shall be +used by the Securities and Exchange Commission to finalize, issue, or +implement any rule, regulation, or order regarding the disclosure of +political contributions, contributions to tax exempt organizations, or +dues paid to trade associations. + Sec. 635. None of the funds appropriated by this Act may be used +to enforce section 540 of Public Law 110-329 (122 Stat. 3688) or +section 538 of Public Law 112-74 (125 Stat. 976; 6 U.S.C. 190 note). + + TITLE VII + + GENERAL PROVISIONS--GOVERNMENT-WIDE + + Departments, Agencies, and Corporations + + (including transfer of funds) + + Sec. 701. No department, agency, or instrumentality of the United +States receiving appropriated funds under this or any other Act for +fiscal year 2020 shall obligate or expend any such funds, unless such +department, agency, or instrumentality has in place, and will continue +to administer in good faith, a written policy designed to ensure that +all of its workplaces are free from the illegal use, possession, or +distribution of controlled substances (as defined in the Controlled +Substances Act (21 U.S.C. 802)) by the officers and employees of such +department, agency, or instrumentality. + Sec. 702. Unless otherwise specifically provided, the maximum +amount allowable during the current fiscal year in accordance with +subsection 1343(c) of title 31, United States Code, for the purchase of +any passenger motor vehicle (exclusive of buses, ambulances, law +enforcement vehicles, protective vehicles, and undercover surveillance +vehicles), is hereby fixed at $19,947 except station wagons for which +the maximum shall be $19,997: Provided, That these limits may be +exceeded by not to exceed $7,250 for police-type vehicles: Provided +further, That the limits set forth in this section may not be exceeded +by more than 5 percent for electric or hybrid vehicles purchased for +demonstration under the provisions of the Electric and Hybrid Vehicle +Research, Development, and Demonstration Act of 1976: Provided +further, That the limits set forth in this section may be exceeded by +the incremental cost of clean alternative fuels vehicles acquired +pursuant to Public Law 101-549 over the cost of comparable +conventionally fueled vehicles: Provided further, That the limits set +forth in this section shall not apply to any vehicle that is a +commercial item and which operates on alternative fuel, including but +not limited to electric, plug-in hybrid electric, and hydrogen fuel +cell vehicles. + Sec. 703. Appropriations of the executive departments and +independent establishments for the current fiscal year available for +expenses of travel, or for the expenses of the activity concerned, are +hereby made available for quarters allowances and cost-of-living +allowances, in accordance with 5 U.S.C. 5922-5924. + Sec. 704. Unless otherwise specified in law during the current +fiscal year, no part of any appropriation contained in this or any +other Act shall be used to pay the compensation of any officer or +employee of the Government of the United States (including any agency +the majority of the stock of which is owned by the Government of the +United States) whose post of duty is in the continental United States +unless such person: (1) is a citizen of the United States; (2) is a +person who is lawfully admitted for permanent residence and is seeking +citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who +is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under +8 U.S.C. 1158 and has filed a declaration of intention to become a +lawful permanent resident and then a citizen when eligible; or (4) is a +person who owes allegiance to the United States: Provided, That for +purposes of this section, affidavits signed by any such person shall be +considered prima facie evidence that the requirements of this section +with respect to his or her status are being complied with: Provided +further, That for purposes of subsections (2) and (3) such affidavits +shall be submitted prior to employment and updated thereafter as +necessary: Provided further, That any person making a false affidavit +shall be guilty of a felony, and upon conviction, shall be fined no +more than $4,000 or imprisoned for not more than 1 year, or both: +Provided further, That the above penal clause shall be in addition to, +and not in substitution for, any other provisions of existing law: +Provided further, That any payment made to any officer or employee +contrary to the provisions of this section shall be recoverable in +action by the Federal Government: Provided further, That this section +shall not apply to any person who is an officer or employee of the +Government of the United States on the date of enactment of this Act, +or to international broadcasters employed by the Broadcasting Board of +Governors, or to temporary employment of translators, or to temporary +employment in the field service (not to exceed 60 days) as a result of +emergencies: Provided further, That this section does not apply to the +employment as Wildland firefighters for not more than 120 days of +nonresident aliens employed by the Department of the Interior or the +USDA Forest Service pursuant to an agreement with another country. + Sec. 705. Appropriations available to any department or agency +during the current fiscal year for necessary expenses, including +maintenance or operating expenses, shall also be available for payment +to the General Services Administration for charges for space and +services and those expenses of renovation and alteration of buildings +and facilities which constitute public improvements performed in +accordance with the Public Buildings Act of 1959 (73 Stat. 479), the +Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable +law. + Sec. 706. In addition to funds provided in this or any other Act, +all Federal agencies are authorized to receive and use funds resulting +from the sale of materials, including Federal records disposed of +pursuant to a records schedule recovered through recycling or waste +prevention programs. Such funds shall be available until expended for +the following purposes: + (1) Acquisition, waste reduction and prevention, and recycling + programs as described in Executive Order No. 13834 (May 17, 2018), + including any such programs adopted prior to the effective date of + the Executive order. + (2) Other Federal agency environmental management programs, + including, but not limited to, the development and implementation + of hazardous waste management and pollution prevention programs. + (3) Other employee programs as authorized by law or as deemed + appropriate by the head of the Federal agency. + Sec. 707. Funds made available by this or any other Act for +administrative expenses in the current fiscal year of the corporations +and agencies subject to chapter 91 of title 31, United States Code, +shall be available, in addition to objects for which such funds are +otherwise available, for rent in the District of Columbia; services in +accordance with 5 U.S.C. 3109; and the objects specified under this +head, all the provisions of which shall be applicable to the +expenditure of such funds unless otherwise specified in the Act by +which they are made available: Provided, That in the event any +functions budgeted as administrative expenses are subsequently +transferred to or paid from other funds, the limitations on +administrative expenses shall be correspondingly reduced. + Sec. 708. No part of any appropriation contained in this or any +other Act shall be available for interagency financing of boards +(except Federal Executive Boards), commissions, councils, committees, +or similar groups (whether or not they are interagency entities) which +do not have a prior and specific statutory approval to receive +financial support from more than one agency or instrumentality. + Sec. 709. None of the funds made available pursuant to the +provisions of this or any other Act shall be used to implement, +administer, or enforce any regulation which has been disapproved +pursuant to a joint resolution duly adopted in accordance with the +applicable law of the United States. + Sec. 710. During the period in which the head of any department or +agency, or any other officer or civilian employee of the Federal +Government appointed by the President of the United States, holds +office, no funds may be obligated or expended in excess of $5,000 to +furnish or redecorate the office of such department head, agency head, +officer, or employee, or to purchase furniture or make improvements for +any such office, unless advance notice of such furnishing or +redecoration is transmitted to the Committees on Appropriations of the +House of Representatives and the Senate. For the purposes of this +section, the term ``office'' shall include the entire suite of offices +assigned to the individual, as well as any other space used primarily +by the individual or the use of which is directly controlled by the +individual. + Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this +Act, funds made available for the current fiscal year by this or any +other Act shall be available for the interagency funding of national +security and emergency preparedness telecommunications initiatives +which benefit multiple Federal departments, agencies, or entities, as +provided by Executive Order No. 13618 (July 6, 2012). + Sec. 712. (a) None of the funds made available by this or any other +Act may be obligated or expended by any department, agency, or other +instrumentality of the Federal Government to pay the salaries or +expenses of any individual appointed to a position of a confidential or +policy-determining character that is excepted from the competitive +service under section 3302 of title 5, United States Code, (pursuant to +schedule C of subpart C of part 213 of title 5 of the Code of Federal +Regulations) unless the head of the applicable department, agency, or +other instrumentality employing such schedule C individual certifies to +the Director of the Office of Personnel Management that the schedule C +position occupied by the individual was not created solely or primarily +in order to detail the individual to the White House. + (b) The provisions of this section shall not apply to Federal +employees or members of the armed forces detailed to or from an element +of the intelligence community (as that term is defined under section +3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))). + Sec. 713. No part of any appropriation contained in this or any +other Act shall be available for the payment of the salary of any +officer or employee of the Federal Government, who-- + (1) prohibits or prevents, or attempts or threatens to prohibit + or prevent, any other officer or employee of the Federal Government + from having any direct oral or written communication or contact + with any Member, committee, or subcommittee of the Congress in + connection with any matter pertaining to the employment of such + other officer or employee or pertaining to the department or agency + of such other officer or employee in any way, irrespective of + whether such communication or contact is at the initiative of such + other officer or employee or in response to the request or inquiry + of such Member, committee, or subcommittee; or + (2) removes, suspends from duty without pay, demotes, reduces + in rank, seniority, status, pay, or performance or efficiency + rating, denies promotion to, relocates, reassigns, transfers, + disciplines, or discriminates in regard to any employment right, + entitlement, or benefit, or any term or condition of employment of, + any other officer or employee of the Federal Government, or + attempts or threatens to commit any of the foregoing actions with + respect to such other officer or employee, by reason of any + communication or contact of such other officer or employee with any + Member, committee, or subcommittee of the Congress as described in + paragraph (1). + Sec. 714. (a) None of the funds made available in this or any other +Act may be obligated or expended for any employee training that-- + (1) does not meet identified needs for knowledge, skills, and + abilities bearing directly upon the performance of official duties; + (2) contains elements likely to induce high levels of emotional + response or psychological stress in some participants; + (3) does not require prior employee notification of the content + and methods to be used in the training and written end of course + evaluation; + (4) contains any methods or content associated with religious + or quasi-religious belief systems or ``new age'' belief systems as + defined in Equal Employment Opportunity Commission Notice N- + 915.022, dated September 2, 1988; or + (5) is offensive to, or designed to change, participants' + personal values or lifestyle outside the workplace. + (b) Nothing in this section shall prohibit, restrict, or otherwise +preclude an agency from conducting training bearing directly upon the +performance of official duties. + Sec. 715. No part of any funds appropriated in this or any other +Act shall be used by an agency of the executive branch, other than for +normal and recognized executive-legislative relationships, for +publicity or propaganda purposes, and for the preparation, distribution +or use of any kit, pamphlet, booklet, publication, radio, television, +or film presentation designed to support or defeat legislation pending +before the Congress, except in presentation to the Congress itself. + Sec. 716. None of the funds appropriated by this or any other Act +may be used by an agency to provide a Federal employee's home address +to any labor organization except when the employee has authorized such +disclosure or when such disclosure has been ordered by a court of +competent jurisdiction. + Sec. 717. None of the funds made available in this or any other +Act may be used to provide any non-public information such as mailing, +telephone, or electronic mailing lists to any person or any +organization outside of the Federal Government without the approval of +the Committees on Appropriations of the House of Representatives and +the Senate. + Sec. 718. No part of any appropriation contained in this or any +other Act shall be used directly or indirectly, including by private +contractor, for publicity or propaganda purposes within the United +States not heretofore authorized by Congress. + Sec. 719. (a) In this section, the term ``agency''-- + (1) means an Executive agency, as defined under 5 U.S.C. 105; + and + (2) includes a military department, as defined under section + 102 of such title, the United States Postal Service, and the Postal + Regulatory Commission. + (b) Unless authorized in accordance with law or regulations to use +such time for other purposes, an employee of an agency shall use +official time in an honest effort to perform official duties. An +employee not under a leave system, including a Presidential appointee +exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest +effort and a reasonable proportion of such employee's time in the +performance of official duties. + Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this +Act, funds made available for the current fiscal year by this or any +other Act to any department or agency, which is a member of the Federal +Accounting Standards Advisory Board (FASAB), shall be available to +finance an appropriate share of FASAB administrative costs. + Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this +Act, the head of each Executive department and agency is hereby +authorized to transfer to or reimburse ``General Services +Administration, Government-wide Policy'' with the approval of the +Director of the Office of Management and Budget, funds made available +for the current fiscal year by this or any other Act, including rebates +from charge card and other contracts: Provided, That these funds shall +be administered by the Administrator of General Services to support +Government-wide and other multi-agency financial, information +technology, procurement, and other management innovations, initiatives, +and activities, including improving coordination and reducing +duplication, as approved by the Director of the Office of Management +and Budget, in consultation with the appropriate interagency and multi- +agency groups designated by the Director (including the President's +Management Council for overall management improvement initiatives, the +Chief Financial Officers Council for financial management initiatives, +the Chief Information Officers Council for information technology +initiatives, the Chief Human Capital Officers Council for human capital +initiatives, the Chief Acquisition Officers Council for procurement +initiatives, and the Performance Improvement Council for performance +improvement initiatives): Provided further, That the total funds +transferred or reimbursed shall not exceed $15,000,000 to improve +coordination, reduce duplication, and for other activities related to +Federal Government Priority Goals established by 31 U.S.C. 1120, and +not to exceed $17,000,000 for Government-Wide innovations, initiatives, +and activities: Provided further, That the funds transferred to or for +reimbursement of ``General Services Administration, Government-wide +Policy'' during fiscal year 2020 shall remain available for obligation +through September 30, 2021: Provided further, That such transfers or +reimbursements may only be made after 15 days following notification of +the Committees on Appropriations of the House of Representatives and +the Senate by the Director of the Office of Management and Budget. + Sec. 722. Notwithstanding any other provision of law, a woman may +breastfeed her child at any location in a Federal building or on +Federal property, if the woman and her child are otherwise authorized +to be present at the location. + Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this +Act, funds made available for the current fiscal year by this or any +other Act shall be available for the interagency funding of specific +projects, workshops, studies, and similar efforts to carry out the +purposes of the National Science and Technology Council (authorized by +Executive Order No. 12881), which benefit multiple Federal departments, +agencies, or entities: Provided, That the Office of Management and +Budget shall provide a report describing the budget of and resources +connected with the National Science and Technology Council to the +Committees on Appropriations, the House Committee on Science, Space, +and Technology, and the Senate Committee on Commerce, Science, and +Transportation 90 days after enactment of this Act. + Sec. 724. Any request for proposals, solicitation, grant +application, form, notification, press release, or other publications +involving the distribution of Federal funds shall comply with any +relevant requirements in part 200 of title 2, Code of Federal +Regulations: Provided, That this section shall apply to direct +payments, formula funds, and grants received by a State receiving +Federal funds. + Sec. 725. (a) Prohibition of Federal Agency Monitoring of +Individuals' Internet Use.--None of the funds made available in this or +any other Act may be used by any Federal agency-- + (1) to collect, review, or create any aggregation of data, + derived from any means, that includes any personally identifiable + information relating to an individual's access to or use of any + Federal Government Internet site of the agency; or + (2) to enter into any agreement with a third party (including + another government agency) to collect, review, or obtain any + aggregation of data, derived from any means, that includes any + personally identifiable information relating to an individual's + access to or use of any nongovernmental Internet site. + (b) Exceptions.--The limitations established in subsection (a) +shall not apply to-- + (1) any record of aggregate data that does not identify + particular persons; + (2) any voluntary submission of personally identifiable + information; + (3) any action taken for law enforcement, regulatory, or + supervisory purposes, in accordance with applicable law; or + (4) any action described in subsection (a)(1) that is a system + security action taken by the operator of an Internet site and is + necessarily incident to providing the Internet site services or to + protecting the rights or property of the provider of the Internet + site. + (c) Definitions.--For the purposes of this section: + (1) The term ``regulatory'' means agency actions to implement, + interpret or enforce authorities provided in law. + (2) The term ``supervisory'' means examinations of the agency's + supervised institutions, including assessing safety and soundness, + overall financial condition, management practices and policies and + compliance with applicable standards as provided in law. + Sec. 726. (a) None of the funds appropriated by this Act may be +used to enter into or renew a contract which includes a provision +providing prescription drug coverage, except where the contract also +includes a provision for contraceptive coverage. + (b) Nothing in this section shall apply to a contract with-- + (1) any of the following religious plans: + (A) Personal Care's HMO; and + (B) OSF HealthPlans, Inc.; and + (2) any existing or future plan, if the carrier for the plan + objects to such coverage on the basis of religious beliefs. + (c) In implementing this section, any plan that enters into or +renews a contract under this section may not subject any individual to +discrimination on the basis that the individual refuses to prescribe or +otherwise provide for contraceptives because such activities would be +contrary to the individual's religious beliefs or moral convictions. + (d) Nothing in this section shall be construed to require coverage +of abortion or abortion-related services. + Sec. 727. The United States is committed to ensuring the health of +its Olympic, Pan American, and Paralympic athletes, and supports the +strict adherence to anti-doping in sport through testing, adjudication, +education, and research as performed by nationally recognized oversight +authorities. + Sec. 728. Notwithstanding any other provision of law, funds +appropriated for official travel to Federal departments and agencies +may be used by such departments and agencies, if consistent with Office +of Management and Budget Circular A-126 regarding official travel for +Government personnel, to participate in the fractional aircraft +ownership pilot program. + Sec. 729. Notwithstanding any other provision of law, none of the +funds appropriated or made available under this or any other +appropriations Act may be used to implement or enforce restrictions or +limitations on the Coast Guard Congressional Fellowship Program, or to +implement the proposed regulations of the Office of Personnel +Management to add sections 300.311 through 300.316 to part 300 of title +5 of the Code of Federal Regulations, published in the Federal +Register, volume 68, number 174, on September 9, 2003 (relating to the +detail of executive branch employees to the legislative branch). + Sec. 730. Notwithstanding any other provision of law, no executive +branch agency shall purchase, construct, or lease any additional +facilities, except within or contiguous to existing locations, to be +used for the purpose of conducting Federal law enforcement training +without the advance approval of the Committees on Appropriations of the +House of Representatives and the Senate, except that the Federal Law +Enforcement Training Center is authorized to obtain the temporary use +of additional facilities by lease, contract, or other agreement for +training which cannot be accommodated in existing Center facilities. + Sec. 731. Unless otherwise authorized by existing law, none of the +funds provided in this or any other Act may be used by an executive +branch agency to produce any prepackaged news story intended for +broadcast or distribution in the United States, unless the story +includes a clear notification within the text or audio of the +prepackaged news story that the prepackaged news story was prepared or +funded by that executive branch agency. + Sec. 732. None of the funds made available in this Act may be used +in contravention of section 552a of title 5, United States Code +(popularly known as the Privacy Act), and regulations implementing that +section. + Sec. 733. (a) In General.--None of the funds appropriated or +otherwise made available by this or any other Act may be used for any +Federal Government contract with any foreign incorporated entity which +is treated as an inverted domestic corporation under section 835(b) of +the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary +of such an entity. + (b) Waivers.-- + (1) In general.--Any Secretary shall waive subsection (a) with + respect to any Federal Government contract under the authority of + such Secretary if the Secretary determines that the waiver is + required in the interest of national security. + (2) Report to congress.--Any Secretary issuing a waiver under + paragraph (1) shall report such issuance to Congress. + (c) Exception.--This section shall not apply to any Federal +Government contract entered into before the date of the enactment of +this Act, or to any task order issued pursuant to such contract. + Sec. 734. During fiscal year 2020, for each employee who-- + (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title + 5, United States Code; or + (2) retires under any other provision of subchapter III of + chapter 83 or chapter 84 of such title 5 and receives a payment as + an incentive to separate, the separating agency shall remit to the + Civil Service Retirement and Disability Fund an amount equal to the + Office of Personnel Management's average unit cost of processing a + retirement claim for the preceding fiscal year. Such amounts shall + be available until expended to the Office of Personnel Management + and shall be deemed to be an administrative expense under section + 8348(a)(1)(B) of title 5, United States Code. + Sec. 735. (a) None of the funds made available in this or any other +Act may be used to recommend or require any entity submitting an offer +for a Federal contract to disclose any of the following information as +a condition of submitting the offer: + (1) Any payment consisting of a contribution, expenditure, + independent expenditure, or disbursement for an electioneering + communication that is made by the entity, its officers or + directors, or any of its affiliates or subsidiaries to a candidate + for election for Federal office or to a political committee, or + that is otherwise made with respect to any election for Federal + office. + (2) Any disbursement of funds (other than a payment described + in paragraph (1)) made by the entity, its officers or directors, or + any of its affiliates or subsidiaries to any person with the intent + or the reasonable expectation that the person will use the funds to + make a payment described in paragraph (1). + (b) In this section, each of the terms ``contribution'', +``expenditure'', ``independent expenditure'', ``electioneering +communication'', ``candidate'', ``election'', and ``Federal office'' +has the meaning given such term in the Federal Election Campaign Act of +1971 (52 U.S.C. 30101 et seq.). + Sec. 736. None of the funds made available in this or any other +Act may be used to pay for the painting of a portrait of an officer or +employee of the Federal government, including the President, the Vice +President, a member of Congress (including a Delegate or a Resident +Commissioner to Congress), the head of an executive branch agency (as +defined in section 133 of title 41, United States Code), or the head of +an office of the legislative branch. + Sec. 737. (a)(1) Notwithstanding any other provision of law, and +except as otherwise provided in this section, no part of any of the +funds appropriated for fiscal year 2020, by this or any other Act, may +be used to pay any prevailing rate employee described in section +5342(a)(2)(A) of title 5, United States Code-- + (A) during the period from the date of expiration of the + limitation imposed by the comparable section for the previous + fiscal years until the normal effective date of the applicable wage + survey adjustment that is to take effect in fiscal year 2020, in an + amount that exceeds the rate payable for the applicable grade and + step of the applicable wage schedule in accordance with such + section; and + (B) during the period consisting of the remainder of fiscal + year 2020, in an amount that exceeds, as a result of a wage survey + adjustment, the rate payable under subparagraph (A) by more than + the sum of-- + (i) the percentage adjustment taking effect in fiscal year + 2020 under section 5303 of title 5, United States Code, in the + rates of pay under the General Schedule; and + (ii) the difference between the overall average percentage + of the locality-based comparability payments taking effect in + fiscal year 2020 under section 5304 of such title (whether by + adjustment or otherwise), and the overall average percentage of + such payments which was effective in the previous fiscal year + under such section. + (2) Notwithstanding any other provision of law, no prevailing rate +employee described in subparagraph (B) or (C) of section 5342(a)(2) of +title 5, United States Code, and no employee covered by section 5348 of +such title, may be paid during the periods for which paragraph (1) is +in effect at a rate that exceeds the rates that would be payable under +paragraph (1) were paragraph (1) applicable to such employee. + (3) For the purposes of this subsection, the rates payable to an +employee who is covered by this subsection and who is paid from a +schedule not in existence on September 30, 2019, shall be determined +under regulations prescribed by the Office of Personnel Management. + (4) Notwithstanding any other provision of law, rates of premium +pay for employees subject to this subsection may not be changed from +the rates in effect on September 30, 2019, except to the extent +determined by the Office of Personnel Management to be consistent with +the purpose of this subsection. + (5) This subsection shall apply with respect to pay for service +performed after September 30, 2019. + (6) For the purpose of administering any provision of law +(including any rule or regulation that provides premium pay, +retirement, life insurance, or any other employee benefit) that +requires any deduction or contribution, or that imposes any requirement +or limitation on the basis of a rate of salary or basic pay, the rate +of salary or basic pay payable after the application of this subsection +shall be treated as the rate of salary or basic pay. + (7) Nothing in this subsection shall be considered to permit or +require the payment to any employee covered by this subsection at a +rate in excess of the rate that would be payable were this subsection +not in effect. + (8) The Office of Personnel Management may provide for exceptions +to the limitations imposed by this subsection if the Office determines +that such exceptions are necessary to ensure the recruitment or +retention of qualified employees. + (b) Notwithstanding subsection (a), the adjustment in rates of +basic pay for the statutory pay systems that take place in fiscal year +2020 under sections 5344 and 5348 of title 5, United States Code, shall +be-- + (1) not less than the percentage received by employees in the + same location whose rates of basic pay are adjusted pursuant to the + statutory pay systems under sections 5303 and 5304 of title 5, + United States Code: Provided, That prevailing rate employees at + locations where there are no employees whose pay is increased + pursuant to sections 5303 and 5304 of title 5, United States Code, + and prevailing rate employees described in section 5343(a)(5) of + title 5, United States Code, shall be considered to be located in + the pay locality designated as ``Rest of United States'' pursuant + to section 5304 of title 5, United States Code, for purposes of + this subsection; and + (2) effective as of the first day of the first applicable pay + period beginning after September 30, 2019. + Sec. 738. (a) The head of any Executive branch department, agency, +board, commission, or office funded by this or any other appropriations +Act shall submit annual reports to the Inspector General or senior +ethics official for any entity without an Inspector General, regarding +the costs and contracting procedures related to each conference held by +any such department, agency, board, commission, or office during fiscal +year 2020 for which the cost to the United States Government was more +than $100,000. + (b) Each report submitted shall include, for each conference +described in subsection (a) held during the applicable period-- + (1) a description of its purpose; + (2) the number of participants attending; + (3) a detailed statement of the costs to the United States + Government, including-- + (A) the cost of any food or beverages; + (B) the cost of any audio-visual services; + (C) the cost of employee or contractor travel to and from + the conference; and + (D) a discussion of the methodology used to determine which + costs relate to the conference; and + (4) a description of the contracting procedures used + including-- + (A) whether contracts were awarded on a competitive basis; + and + (B) a discussion of any cost comparison conducted by the + departmental component or office in evaluating potential + contractors for the conference. + (c) Within 15 days after the end of a quarter, the head of any such +department, agency, board, commission, or office shall notify the +Inspector General or senior ethics official for any entity without an +Inspector General, of the date, location, and number of employees +attending a conference held by any Executive branch department, agency, +board, commission, or office funded by this or any other appropriations +Act during fiscal year 2020 for which the cost to the United States +Government was more than $20,000. + (d) A grant or contract funded by amounts appropriated by this or +any other appropriations Act may not be used for the purpose of +defraying the costs of a conference described in subsection (c) that is +not directly and programmatically related to the purpose for which the +grant or contract was awarded, such as a conference held in connection +with planning, training, assessment, review, or other routine purposes +related to a project funded by the grant or contract. + (e) None of the funds made available in this or any other +appropriations Act may be used for travel and conference activities +that are not in compliance with Office of Management and Budget +Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to +that memorandum. + Sec. 739. None of the funds made available in this or any other +appropriations Act may be used to increase, eliminate, or reduce +funding for a program, project, or activity as proposed in the +President's budget request for a fiscal year until such proposed change +is subsequently enacted in an appropriation Act, or unless such change +is made pursuant to the reprogramming or transfer provisions of this or +any other appropriations Act. + Sec. 740. None of the funds made available by this or any other +Act may be used to implement, administer, enforce, or apply the rule +entitled ``Competitive Area'' published by the Office of Personnel +Management in the Federal Register on April 15, 2008 (73 Fed. Reg. +20180 et seq.). + Sec. 741. None of the funds appropriated or otherwise made +available by this or any other Act may be used to begin or announce a +study or public-private competition regarding the conversion to +contractor performance of any function performed by Federal employees +pursuant to Office of Management and Budget Circular A-76 or any other +administrative regulation, directive, or policy. + Sec. 742. (a) None of the funds appropriated or otherwise made +available by this or any other Act may be available for a contract, +grant, or cooperative agreement with an entity that requires employees +or contractors of such entity seeking to report fraud, waste, or abuse +to sign internal confidentiality agreements or statements prohibiting +or otherwise restricting such employees or contractors from lawfully +reporting such waste, fraud, or abuse to a designated investigative or +law enforcement representative of a Federal department or agency +authorized to receive such information. + (b) The limitation in subsection (a) shall not contravene +requirements applicable to Standard Form 312, Form 4414, or any other +form issued by a Federal department or agency governing the +nondisclosure of classified information. + Sec. 743. (a) No funds appropriated in this or any other Act may be +used to implement or enforce the agreements in Standard Forms 312 and +4414 of the Government or any other nondisclosure policy, form, or +agreement if such policy, form, or agreement does not contain the +following provisions: ``These provisions are consistent with and do not +supersede, conflict with, or otherwise alter the employee obligations, +rights, or liabilities created by existing statute or Executive order +relating to (1) classified information, (2) communications to Congress, +(3) the reporting to an Inspector General of a violation of any law, +rule, or regulation, or mismanagement, a gross waste of funds, an abuse +of authority, or a substantial and specific danger to public health or +safety, or (4) any other whistleblower protection. The definitions, +requirements, obligations, rights, sanctions, and liabilities created +by controlling Executive orders and statutory provisions are +incorporated into this agreement and are controlling.'': Provided, +That notwithstanding the preceding provision of this section, a +nondisclosure policy form or agreement that is to be executed by a +person connected with the conduct of an intelligence or intelligence- +related activity, other than an employee or officer of the United +States Government, may contain provisions appropriate to the particular +activity for which such document is to be used. Such form or agreement +shall, at a minimum, require that the person will not disclose any +classified information received in the course of such activity unless +specifically authorized to do so by the United States Government. Such +nondisclosure forms shall also make it clear that they do not bar +disclosures to Congress, or to an authorized official of an executive +agency or the Department of Justice, that are essential to reporting a +substantial violation of law. + (b) A nondisclosure agreement may continue to be implemented and +enforced notwithstanding subsection (a) if it complies with the +requirements for such agreement that were in effect when the agreement +was entered into. + (c) No funds appropriated in this or any other Act may be used to +implement or enforce any agreement entered into during fiscal year 2014 +which does not contain substantially similar language to that required +in subsection (a). + Sec. 744. None of the funds made available by this or any other +Act may be used to enter into a contract, memorandum of understanding, +or cooperative agreement with, make a grant to, or provide a loan or +loan guarantee to, any corporation that has any unpaid Federal tax +liability that has been assessed, for which all judicial and +administrative remedies have been exhausted or have lapsed, and that is +not being paid in a timely manner pursuant to an agreement with the +authority responsible for collecting the tax liability, where the +awarding agency is aware of the unpaid tax liability, unless a Federal +agency has considered suspension or debarment of the corporation and +has made a determination that this further action is not necessary to +protect the interests of the Government. + Sec. 745. None of the funds made available by this or any other +Act may be used to enter into a contract, memorandum of understanding, +or cooperative agreement with, make a grant to, or provide a loan or +loan guarantee to, any corporation that was convicted of a felony +criminal violation under any Federal law within the preceding 24 +months, where the awarding agency is aware of the conviction, unless a +Federal agency has considered suspension or debarment of the +corporation and has made a determination that this further action is +not necessary to protect the interests of the Government. + Sec. 746. (a) During fiscal year 2020, on the date on which a +request is made for a transfer of funds in accordance with section 1017 +of Public Law 111-203, the Bureau of Consumer Financial Protection +shall notify the Committees on Appropriations of the House of +Representatives and the Senate, the Committee on Financial Services of +the House of Representatives, and the Committee on Banking, Housing, +and Urban Affairs of the Senate of such request. + (b) Any notification required by this section shall be made +available on the Bureau's public Web site. + Sec. 747. If, for fiscal year 2020, new budget authority provided +in appropriations Acts exceeds the discretionary spending limit for any +category set forth in section 251(c) of the Balanced Budget and +Emergency Deficit Control Act of 1985 due to estimating differences +with the Congressional Budget Office, an adjustment to the +discretionary spending limit in such category for fiscal year 2020 +shall be made by the Director of the Office of Management and Budget in +the amount of the excess but the total of all such adjustments shall +not exceed 0.2 percent of the sum of the adjusted discretionary +spending limits for all categories for that fiscal year. + Sec. 748. (a) The adjustment in rates of basic pay for employees +under the statutory pay systems that takes effect in fiscal year 2020 +under section 5303 of title 5, United States Code, shall be an increase +of 2.6 percent, and the overall average percentage of the adjustments +taking effect in such fiscal year under sections 5304 and 5304a of such +title 5 shall be an increase of 0.5 percent (with comparability +payments to be determined and allocated among pay localities by the +President). All adjustments under this subsection shall be effective as +of the first day of the first applicable pay period beginning on or +after January 1, 2020. + (b) Notwithstanding section 737, the adjustment in rates of basic +pay for the statutory pay systems that take place in fiscal year 2020 +under sections 5344 and 5348 of title 5, United States Code, shall be +no less than the percentages in subsection (a) as employees in the same +location whose rates of basic pay are adjusted pursuant to the +statutory pay systems under section 5303, 5304, and 5304a of title 5, +United States Code. Prevailing rate employees at locations where there +are no employees whose pay is increased pursuant to sections 5303, +5304, and 5304a of such title 5 and prevailing rate employees described +in section 5343(a)(5) of such title 5 shall be considered to be located +in the pay locality designated as ``Rest of U.S.'' pursuant to section +5304 of such title 5 for purposes of this subsection. + (c) Funds used to carry out this section shall be paid from +appropriations, which are made to each applicable department or agency +for salaries and expenses for fiscal year 2020. + Sec. 749. (a) Notwithstanding the official rate adjusted under +section 104 of title 3, United States Code, the rate payable to the +Vice President during calendar year 2020 shall be the rate payable to +the Vice President on December 31, 2019, by operation of section 749 of +division D of Public Law 116-6. + (b) Notwithstanding the official rate adjusted under section 5318 +of title 5, United States Code, or any other provision of law, the +payable rate during calendar year 2020 for an employee serving in an +Executive Schedule position, or in a position for which the rate of pay +is fixed by statute at an Executive Schedule rate, shall be the rate +payable for the applicable Executive Schedule level on December 31, +2019, by operation of section 749 of division D of Public Law 116-6. +Such an employee may not receive a pay rate increase during calendar +year 2020, except as provided in subsection (i). + (c) Notwithstanding section 401 of the Foreign Service Act of 1980 +(Public Law 96-465) or any other provision of law, a chief of mission +or ambassador at large is subject to subsection (b) in the same manner +as other employees who are paid at an Executive Schedule rate. + (d)(1) This subsection applies to-- + (A) a noncareer appointee in the Senior Executive Service + paid a rate of basic pay at or above the official rate for + level IV of the Executive Schedule; or + (B) a limited term appointee or limited emergency appointee + in the Senior Executive Service serving under a political + appointment and paid a rate of basic pay at or above the + official rate for level IV of the Executive Schedule. + (2) Notwithstanding sections 5382 and 5383 of title 5, United + States Code, an employee described in paragraph (1) may not receive + a pay rate increase during calendar year 2020, except as provided + in subsection (i). + (e) Notwithstanding any other provision of law, any employee paid a +rate of basic pay (including any locality- based payments under section +5304 of title 5, United States Code, or similar authority) at or above +the official rate for level IV of the Executive Schedule who serves +under a political appointment may not receive a pay rate increase +during calendar year 2020, except as provided in subsection (i). This +subsection does not apply to employees in the General Schedule pay +system or the Foreign Service pay system, to employees appointed under +section 3161 of title 5, United States Code, or to employees in another +pay system whose position would be classified at GS-15 or below if +chapter 51 of title 5, United States Code, applied to them. + (f) Nothing in subsections (b) through (e) shall prevent employees +who do not serve under a political appointment from receiving pay +increases as otherwise provided under applicable law. + (g) This section does not apply to an individual who makes an +election to retain Senior Executive Service basic pay under section +3392(c) of title 5, United States Code, for such time as that election +is in effect. + (h) This section does not apply to an individual who makes an +election to retain Senior Foreign Service pay entitlements under +section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465) +for such time as that election is in effect. + (i) Notwithstanding subsections (b) through (e), an employee in a +covered position may receive a pay rate increase upon an authorized +movement to a different covered position only if that new position has +higher-level duties and a pre-established level or range of pay higher +than the level or range for the position held immediately before the +movement. Any such increase must be based on the rates of pay and +applicable limitations on payable rates of pay in effect on December +31, 2019, by operation of section 749 of division D of Public Law 116- +6. + (j) Notwithstanding any other provision of law, for an individual +who is newly appointed to a covered position during the period of time +subject to this section, the initial pay rate shall be based on the +rates of pay and applicable limitations on payable rates of pay in +effect on December 31, 2019, by operation of section 749 of division D +of Public Law 116-6. + (k) If an employee affected by this section is subject to a +biweekly pay period that begins in calendar year 2020 but ends in +calendar year 2021, the bar on the employee's receipt of pay rate +increases shall apply through the end of that pay period. + (l) For the purpose of this section, the term ``covered position'' +means a position occupied by an employee whose pay is restricted under +this section. + (m) This section takes effect on the first day of the first +applicable pay period beginning on or after January 1, 2020. + Sec. 750. Except as expressly provided otherwise, any reference to +``this Act'' contained in any title other than title IV or VIII shall +not apply to such title IV or VIII. + + TITLE VIII + + GENERAL PROVISIONS--DISTRICT OF COLUMBIA + + (including transfers of funds) + + Sec. 801. There are appropriated from the applicable funds of the +District of Columbia such sums as may be necessary for making refunds +and for the payment of legal settlements or judgments that have been +entered against the District of Columbia government. + Sec. 802. None of the Federal funds provided in this Act shall be +used for publicity or propaganda purposes or implementation of any +policy including boycott designed to support or defeat legislation +pending before Congress or any State legislature. + Sec. 803. (a) None of the Federal funds provided under this Act to +the agencies funded by this Act, both Federal and District government +agencies, that remain available for obligation or expenditure in fiscal +year 2020, or provided from any accounts in the Treasury of the United +States derived by the collection of fees available to the agencies +funded by this Act, shall be available for obligation or expenditures +for an agency through a reprogramming of funds which-- + (1) creates new programs; + (2) eliminates a program, project, or responsibility center; + (3) establishes or changes allocations specifically denied, + limited or increased under this Act; + (4) increases funds or personnel by any means for any program, + project, or responsibility center for which funds have been denied + or restricted; + (5) re-establishes any program or project previously deferred + through reprogramming; + (6) augments any existing program, project, or responsibility + center through a reprogramming of funds in excess of $3,000,000 or + 10 percent, whichever is less; or + (7) increases by 20 percent or more personnel assigned to a + specific program, project or responsibility center, +unless prior approval is received from the Committees on Appropriations +of the House of Representatives and the Senate. + (b) The District of Columbia government is authorized to approve +and execute reprogramming and transfer requests of local funds under +this title through November 7, 2020. + Sec. 804. None of the Federal funds provided in this Act may be +used by the District of Columbia to provide for salaries, expenses, or +other costs associated with the offices of United States Senator or +United States Representative under section 4(d) of the District of +Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. +Law 3-171; D.C. Official Code, sec. 1-123). + Sec. 805. Except as otherwise provided in this section, none of +the funds made available by this Act or by any other Act may be used to +provide any officer or employee of the District of Columbia with an +official vehicle unless the officer or employee uses the vehicle only +in the performance of the officer's or employee's official duties. For +purposes of this section, the term ``official duties'' does not include +travel between the officer's or employee's residence and workplace, +except in the case of-- + (1) an officer or employee of the Metropolitan Police + Department who resides in the District of Columbia or is otherwise + designated by the Chief of the Department; + (2) at the discretion of the Fire Chief, an officer or employee + of the District of Columbia Fire and Emergency Medical Services + Department who resides in the District of Columbia and is on call + 24 hours a day; + (3) at the discretion of the Director of the Department of + Corrections, an officer or employee of the District of Columbia + Department of Corrections who resides in the District of Columbia + and is on call 24 hours a day; + (4) at the discretion of the Chief Medical Examiner, an officer + or employee of the Office of the Chief Medical Examiner who resides + in the District of Columbia and is on call 24 hours a day; + (5) at the discretion of the Director of the Homeland Security + and Emergency Management Agency, an officer or employee of the + Homeland Security and Emergency Management Agency who resides in + the District of Columbia and is on call 24 hours a day; + (6) the Mayor of the District of Columbia; and + (7) the Chairman of the Council of the District of Columbia. + Sec. 806. (a) None of the Federal funds contained in this Act may +be used by the District of Columbia Attorney General or any other +officer or entity of the District government to provide assistance for +any petition drive or civil action which seeks to require Congress to +provide for voting representation in Congress for the District of +Columbia. + (b) Nothing in this section bars the District of Columbia Attorney +General from reviewing or commenting on briefs in private lawsuits, or +from consulting with officials of the District government regarding +such lawsuits. + Sec. 807. None of the Federal funds contained in this Act may be +used to distribute any needle or syringe for the purpose of preventing +the spread of blood borne pathogens in any location that has been +determined by the local public health or local law enforcement +authorities to be inappropriate for such distribution. + Sec. 808. Nothing in this Act may be construed to prevent the +Council or Mayor of the District of Columbia from addressing the issue +of the provision of contraceptive coverage by health insurance plans, +but it is the intent of Congress that any legislation enacted on such +issue should include a ``conscience clause'' which provides exceptions +for religious beliefs and moral convictions. + Sec. 809. (a) None of the Federal funds contained in this Act may +be used to enact or carry out any law, rule, or regulation to legalize +or otherwise reduce penalties associated with the possession, use, or +distribution of any schedule I substance under the Controlled +Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols +derivative. + (b) No funds available for obligation or expenditure by the +District of Columbia government under any authority may be used to +enact any law, rule, or regulation to legalize or otherwise reduce +penalties associated with the possession, use, or distribution of any +schedule I substance under the Controlled Substances Act (21 U.S.C. 801 +et seq.) or any tetrahydrocannabinols derivative for recreational +purposes. + Sec. 810. No funds available for obligation or expenditure by the +District of Columbia government under any authority shall be expended +for any abortion except where the life of the mother would be +endangered if the fetus were carried to term or where the pregnancy is +the result of an act of rape or incest. + Sec. 811. (a) No later than 30 calendar days after the date of the +enactment of this Act, the Chief Financial Officer for the District of +Columbia shall submit to the appropriate committees of Congress, the +Mayor, and the Council of the District of Columbia, a revised +appropriated funds operating budget in the format of the budget that +the District of Columbia government submitted pursuant to section 442 +of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1- +204.42), for all agencies of the District of Columbia government for +fiscal year 2020 that is in the total amount of the approved +appropriation and that realigns all budgeted data for personal services +and other-than-personal services, respectively, with anticipated actual +expenditures. + (b) This section shall apply only to an agency for which the Chief +Financial Officer for the District of Columbia certifies that a +reallocation is required to address unanticipated changes in program +requirements. + Sec. 812. No later than 30 calendar days after the date of the +enactment of this Act, the Chief Financial Officer for the District of +Columbia shall submit to the appropriate committees of Congress, the +Mayor, and the Council for the District of Columbia, a revised +appropriated funds operating budget for the District of Columbia Public +Schools that aligns schools budgets to actual enrollment. The revised +appropriated funds budget shall be in the format of the budget that the +District of Columbia government submitted pursuant to section 442 of +the District of Columbia Home Rule Act (D.C. Official Code, sec. 1- +204.42). + Sec. 813. (a) Amounts appropriated in this Act as operating funds +may be transferred to the District of Columbia's enterprise and capital +funds and such amounts, once transferred, shall retain appropriation +authority consistent with the provisions of this Act. + (b) The District of Columbia government is authorized to reprogram +or transfer for operating expenses any local funds transferred or +reprogrammed in this or the four prior fiscal years from operating +funds to capital funds, and such amounts, once transferred or +reprogrammed, shall retain appropriation authority consistent with the +provisions of this Act. + (c) The District of Columbia government may not transfer or +reprogram for operating expenses any funds derived from bonds, notes, +or other obligations issued for capital projects. + Sec. 814. None of the Federal funds appropriated in this Act shall +remain available for obligation beyond the current fiscal year, nor may +any be transferred to other appropriations, unless expressly so +provided herein. + Sec. 815. Except as otherwise specifically provided by law or +under this Act, not to exceed 50 percent of unobligated balances +remaining available at the end of fiscal year 2020 from appropriations +of Federal funds made available for salaries and expenses for fiscal +year 2020 in this Act, shall remain available through September 30, +2021, for each such account for the purposes authorized: Provided, +That a request shall be submitted to the Committees on Appropriations +of the House of Representatives and the Senate for approval prior to +the expenditure of such funds: Provided further, That these requests +shall be made in compliance with reprogramming guidelines outlined in +section 803 of this Act. + Sec. 816. (a)(1) During fiscal year 2021, during a period in which +neither a District of Columbia continuing resolution or a regular +District of Columbia appropriation bill is in effect, local funds are +appropriated in the amount provided for any project or activity for +which local funds are provided in the Act referred to in paragraph (2) +(subject to any modifications enacted by the District of Columbia as of +the beginning of the period during which this subsection is in effect) +at the rate set forth by such Act. + (2) The Act referred to in this paragraph is the Act of the Council +of the District of Columbia pursuant to which a proposed budget is +approved for fiscal year 2021 which (subject to the requirements of the +District of Columbia Home Rule Act) will constitute the local portion +of the annual budget for the District of Columbia government for fiscal +year 2021 for purposes of section 446 of the District of Columbia Home +Rule Act (sec. 1-204.46, D.C. Official Code). + (b) Appropriations made by subsection (a) shall cease to be +available-- + (1) during any period in which a District of Columbia + continuing resolution for fiscal year 2021 is in effect; or + (2) upon the enactment into law of the regular District of + Columbia appropriation bill for fiscal year 2021. + (c) An appropriation made by subsection (a) is provided under the +authority and conditions as provided under this Act and shall be +available to the extent and in the manner that would be provided by +this Act. + (d) An appropriation made by subsection (a) shall cover all +obligations or expenditures incurred for such project or activity +during the portion of fiscal year 2021 for which this section applies +to such project or activity. + (e) This section shall not apply to a project or activity during +any period of fiscal year 2021 if any other provision of law (other +than an authorization of appropriations)-- + (1) makes an appropriation, makes funds available, or grants + authority for such project or activity to continue for such period; + or + (2) specifically provides that no appropriation shall be made, + no funds shall be made available, or no authority shall be granted + for such project or activity to continue for such period. + (f) Nothing in this section shall be construed to affect +obligations of the government of the District of Columbia mandated by +other law. + Sec. 817. Except as expressly provided otherwise, any reference to +``this Act'' contained in this title or in title IV shall be treated as +referring only to the provisions of this title or of title IV. + This division may be cited as the ``Financial Services and General +Government Appropriations Act, 2020''. + + DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020 + + TITLE I + + DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT + + Office of the Secretary and Executive Management + + operations and support + + For necessary expenses of the Office of the Secretary and for +executive management for operations and support, $168,808,000; of which +$10,000,000 shall be for an Ombudsman for Immigration Detention as +established by section 106, of which $5,000,000 shall remain available +until September 30, 2021; and of which $500,000 shall be withheld from +obligation until the Secretary appoints such Ombudsman for Immigration +Detention and complies with the directive related to the Public +Complaint and Feedback System Working Group in the explanatory +statement accompanying this Act: Provided, That not to exceed $30,000 +shall be for official reception and representation expenses. + + federal assistance + + (including transfer of funds) + + For necessary expenses of the Office of the Secretary and Executive +Management for Federal Assistance through grants, contracts, +cooperative agreements, and other activities, $10,000,000, which shall +be transferred to the Federal Emergency Management Agency for targeted +violence and terrorism prevention grants. + + Management Directorate + + operations and support + + For necessary expenses of the Management Directorate for operations +and support, $1,182,142,000: Provided, That not to exceed $2,000 shall +be for official reception and representation expenses: Provided +further, That of the funds made available under this heading, +$2,000,000 shall be withheld from obligation until the first report +required by section 403 has been made available on a publicly +accessible website. + + procurement, construction, and improvements + + For necessary expenses of the Management Directorate for +procurement, construction, and improvements, $381,298,000, of which +$157,531,000 shall remain available until September 30, 2022; and of +which $223,767,000 shall remain available until September 30, 2024, to +plan, acquire, design, construct, renovate, remediate, equip, furnish, +improve infrastructure, and occupy buildings and facilities for the +Department headquarters consolidation project. + + federal protective service + + The revenues and collections of security fees credited to this +account shall be available until expended for necessary expenses +related to the protection of federally owned and leased buildings and +for the operations of the Federal Protective Service. + + Intelligence, Analysis, and Operations Coordination + + operations and support + + For necessary expenses of the Office of Intelligence and Analysis +and the Office of Operations Coordination for operations and support, +$284,141,000, of which $68,579,000 shall remain available until +September 30, 2021: Provided, That not to exceed $3,825 shall be for +official reception and representation expenses and not to exceed +$2,000,000 is available for facility needs associated with secure space +at fusion centers, including improvements to buildings. + + Office of Inspector General + + operations and support + + For necessary expenses of the Office of Inspector General for +operations and support, $190,186,000: Provided, That not to exceed +$300,000 may be used for certain confidential operational expenses, +including the payment of informants, to be expended at the direction of +the Inspector General. + + Administrative Provisions + + Sec. 101. (a) The Secretary of Homeland Security shall submit a +report not later than October 15, 2020, to the Inspector General of the +Department of Homeland Security listing all grants and contracts +awarded by any means other than full and open competition during fiscal +years 2019 or 2020. + (b) The Inspector General shall review the report required by +subsection (a) to assess departmental compliance with applicable laws +and regulations and report the results of that review to the Committees +on Appropriations of the Senate and the House of Representatives not +later than February 15, 2021. + Sec. 102. Not later than 30 days after the last day of each month, +the Chief Financial Officer of the Department of Homeland Security +shall submit to the Committees on Appropriations of the Senate and the +House of Representatives a monthly budget and staffing report that +includes total obligations of the Department for that month and for the +fiscal year at the appropriation and program, project, and activity +levels, by the source year of the appropriation. + Sec. 103. The Secretary of Homeland Security shall require that +all contracts of the Department of Homeland Security that provide award +fees link such fees to successful acquisition outcomes, which shall be +specified in terms of cost, schedule, and performance. + Sec. 104. The Secretary of Homeland Security, in consultation with +the Secretary of the Treasury, shall notify the Committees on +Appropriations of the Senate and the House of Representatives of any +proposed transfers of funds available under section 9705(g)(4)(B) of +title 31, United States Code, from the Department of the Treasury +Forfeiture Fund to any agency within the Department of Homeland +Security: Provided, That none of the funds identified for such a +transfer may be obligated until the Committees on Appropriations of the +Senate and the House of Representatives are notified of the proposed +transfers. + Sec. 105. All official costs associated with the use of Government +aircraft by Department of Homeland Security personnel to support +official travel of the Secretary and the Deputy Secretary shall be paid +from amounts made available for the Office of the Secretary. + + establishment of an immigration detention ombudsman + + Sec. 106. (a) In General.--Subtitle A of title IV of the Homeland +Security Act of 2002 is amended by adding the following new section: + ``SEC. 405. OMBUDSMAN FOR IMMIGRATION DETENTION. + ``(a) In General.--Within the Department, there shall be a position +of Immigration Detention Ombudsman (in this section referred to as the +`Ombudsman'). The Ombudsman shall be independent of Department agencies +and officers and shall report directly to the Secretary. The Ombudsman +shall be a senior official with a background in civil rights +enforcement, civil detention care and custody, and immigration law. + ``(b) Functions.--The functions of the Ombudsman shall be to-- + ``(1) Establish and administer an independent, neutral, and + confidential process to receive, investigate, resolve, and provide + redress, including referral for investigation to the Office of the + Inspector General, referral to U.S. Citizenship and Immigration + Services for immigration relief, or any other action determined + appropriate, for cases in which Department officers or other + personnel, or contracted, subcontracted, or cooperating entity + personnel, are found to have engaged in misconduct or violated the + rights of individuals in immigration detention; + ``(2) Establish an accessible and standardized process + regarding complaints against any officer or employee of U.S. + Customs and Border Protection or U.S. Immigration and Customs + Enforcement, or any contracted, subcontracted, or cooperating + entity personnel, for violations of law, standards of professional + conduct, contract terms, or policy related to immigration + detention; + ``(3) Conduct unannounced inspections of detention facilities + holding individuals in federal immigration custody, including those + owned or operated by units of State or local government and + privately-owned or operated facilities; + ``(4) Review, examine, and make recommendations to address + concerns or violations of contract terms identified in reviews, + audits, investigations, or detainee interviews regarding + immigration detention facilities and services; + ``(5) Provide assistance to individuals affected by potential + misconduct, excessive force, or violations of law or detention + standards by Department of Homeland Security officers or other + personnel, or contracted, subcontracted, or cooperating entity + personnel; and + ``(6) Ensure that the functions performed by the Ombudsman are + complementary to existing functions within the Department of + Homeland Security. + ``(c) Access to Detention Facilities.--The Ombudsman or designated +personnel of the Ombudsman, shall be provided unfettered access to any +location within each such detention facility and shall be permitted +confidential access to any detainee at the detainee's request and any +departmental records concerning such detainee. + ``(d) Coordination With Department Components.-- + ``(1) In general.--The Director of U.S. Immigration and Customs + Enforcement and the Commissioner of U.S. Customs and Border + Protection shall each establish procedures to provide formal + responses to recommendations submitted to such officials by the + Ombudsman within 60 days of receiving such recommendations. + ``(2) Access to information.--The Secretary shall establish + procedures to provide the Ombudsman access to all departmental + records necessary to execute the responsibilities of the Ombudsman + under subsection (b) or (c) not later than 60 days after a request + from the Ombudsman for such information. + ``(e) Annual Report.--The Ombudsman shall prepare a report to +Congress on an annual basis on its activities, findings, and +recommendations.''. + (b) Clerical Amendment.--The table of contents of the Homeland +Security Act of 2002 is amended by adding the following new item after +``Sec. 404. Surface Transportation Security Advisory Committee.'': + +``Sec. 405. Ombudsman for Immigration Detention.''. + Sec. 107. Section 107 of the Department of Homeland Security +Appropriations Act, 2018 (division F of Public Law 115-141), related to +visa overstay data, shall apply in fiscal year 2020, except that the +reference to ``this Act'' shall be treated as referring to this Act, +and the reference to ``2017'' shall be treated as referring to +``2019''. + + TITLE II + + SECURITY, ENFORCEMENT, AND INVESTIGATIONS + + U.S. Customs and Border Protection + + operations and support + + For necessary expenses of U.S. Customs and Border Protection for +operations and support, including the transportation of unaccompanied +minor aliens; the provision of air and marine support to Federal, +State, local, and international agencies in the enforcement or +administration of laws enforced by the Department of Homeland Security; +at the discretion of the Secretary of Homeland Security, the provision +of such support to Federal, State, and local agencies in other law +enforcement and emergency humanitarian efforts; the purchase and lease +of up to 7,500 (6,500 for replacement only) police-type vehicles; the +purchase, maintenance, or operation of marine vessels, aircraft, and +unmanned aerial systems; and contracting with individuals for personal +services abroad; $12,735,399,000; of which $3,274,000 shall be derived +from the Harbor Maintenance Trust Fund for administrative expenses +related to the collection of the Harbor Maintenance Fee pursuant to +section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. +9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland +Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall +be available until September 30, 2021; and of which such sums as become +available in the Customs User Fee Account, except sums subject to +section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation +Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; +and of which $104,377,000 is for additional Office of Field Operations +staffing: Provided, That not to exceed $34,425 shall be for official +reception and representation expenses: Provided further, That not to +exceed $150,000 shall be available for payment for rental space in +connection with preclearance operations: Provided further, That not to +exceed $2,000,000 shall be for awards of compensation to informants, to +be accounted for solely under the certificate of the Secretary of +Homeland Security: Provided further, That not to exceed $5,000,000 may +be transferred to the Bureau of Indian Affairs for the maintenance and +repair of roads on Native American reservations used by the U.S. Border +Patrol: Provided further, That of the funds made available under this +heading for the Executive Leadership and Oversight program, project, +and activity, $5,000,000 shall be withheld from obligation until the +reports directed by the explanatory statement accompanying this Act +concerning Custody and Transfer Metrics, the Migrant Protection +Protocol program, and medical guidance have been made available on a +publicly accessible website. + + procurement, construction, and improvements + + For necessary expenses of U.S. Customs and Border Protection for +procurement, construction, and improvements, including procurement of +marine vessels, aircraft, and unmanned aerial systems, $1,904,468,000, +of which $467,104,000 shall remain available until September 30, 2022, +and of which $1,437,364,000 shall remain available until September 30, +2024. + + U.S. Immigration and Customs Enforcement + + operations and support + + For necessary expenses of U.S. Immigration and Customs Enforcement +for operations and support, including the purchase and lease of up to +3,790 (2,350 for replacement only) police-type vehicles; overseas +vetted units; and maintenance, minor construction, and minor leasehold +improvements at owned and leased facilities; $8,032,801,000; of which +not less than $6,000,000 shall remain available until expended for +efforts to enforce laws against forced child labor; of which +$53,696,000 shall remain available until September 30, 2021; of which +not less than $1,500,000 is for paid apprenticeships for participants +in the Human Exploitation Rescue Operative Child-Rescue Corps; of which +not less than $15,000,000 shall be available for investigation of +intellectual property rights violations, including operation of the +National Intellectual Property Rights Coordination Center; and of which +not less than $4,429,033,000 shall be for enforcement, detention, and +removal operations, including transportation of unaccompanied minor +aliens: Provided, That not to exceed $11,475 shall be for official +reception and representation expenses: Provided further, That not to +exceed $10,000,000 shall be available until expended for conducting +special operations under section 3131 of the Customs Enforcement Act of +1986 (19 U.S.C. 2081): Provided further, That not to exceed $2,000,000 +shall be for awards of compensation to informants, to be accounted for +solely under the certificate of the Secretary of Homeland Security: +Provided further, That not to exceed $11,216,000 shall be available to +fund or reimburse other Federal agencies for the costs associated with +the care, maintenance, and repatriation of smuggled aliens unlawfully +present in the United States: Provided further, That of the funds made +available under this heading, $10,000,000 shall be withheld from +obligation until the first report required by section 218 has been made +available on a publicly accessible website. + + procurement, construction, and improvements + + For necessary expenses of U.S. Immigration and Customs Enforcement +for procurement, construction, and improvements, $47,270,000, to remain +available until September 30, 2022; of which not less than $36,970,000 +shall be available for facilities repair and maintenance projects. + + Transportation Security Administration + + operations and support + + For necessary expenses of the Transportation Security +Administration for operations and support, $7,680,565,000, to remain +available until September 30, 2021: Provided, That not to exceed +$7,650 shall be for official reception and representation expenses: +Provided further, That security service fees authorized under section +44940 of title 49, United States Code, shall be credited to this +appropriation as offsetting collections and shall be available only for +aviation security: Provided further, That the sum appropriated under +this heading from the general fund shall be reduced on a dollar-for- +dollar basis as such offsetting collections are received during fiscal +year 2020 so as to result in a final fiscal year appropriation from the +general fund estimated at not more than $4,850,565,000. + + procurement, construction, and improvements + + For necessary expenses of the Transportation Security +Administration for procurement, construction, and improvements, +$110,100,000, to remain available until September 30, 2022. + + research and development + + For necessary expenses of the Transportation Security +Administration for research and development, $22,902,000, to remain +available until September 30, 2021. + + Coast Guard + + operations and support + + For necessary expenses of the Coast Guard for operations and +support including the Coast Guard Reserve; purchase or lease of not to +exceed 25 passenger motor vehicles, which shall be for replacement +only; purchase or lease of small boats for contingent and emergent +requirements (at a unit cost of not more than $700,000) and repairs and +service-life replacements, not to exceed a total of $31,000,000; +purchase, lease, or improvements of boats necessary for overseas +deployments and activities; payments pursuant to section 156 of Public +Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and +welfare; $8,181,253,000, of which $530,000,000 shall be for defense- +related activities, of which $190,000,000 is designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985; of which $24,500,000 shall be derived from the Oil +Spill Liability Trust Fund to carry out the purposes of section +1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of +which $11,000,000 shall remain available until September 30, 2022; and +of which $19,982,000 shall remain available until September 30, 2024, +for environmental compliance and restoration: Provided, That not to +exceed $23,000 shall be for official reception and representation +expenses. + + procurement, construction, and improvements + + For necessary expenses of the Coast Guard for procurement, +construction, and improvements, including aids to navigation, shore +facilities (including facilities at Department of Defense installations +used by the Coast Guard), and vessels and aircraft, including equipment +related thereto, $1,772,506,000, to remain available until September +30, 2024; of which $20,000,000 shall be derived from the Oil Spill +Liability Trust Fund to carry out the purposes of section 1012(a)(5) of +the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which +$32,350,000, shall be available to carry out the purposes of section +2946 of title 14, United States Code, of which $26,376,833 shall be +derived from the Coast Guard Housing Fund, established pursuant to such +section. + + research and development + + For necessary expenses of the Coast Guard for research and +development; and for maintenance, rehabilitation, lease, and operation +of facilities and equipment; $4,949,000, to remain available until +September 30, 2022, of which $500,000 shall be derived from the Oil +Spill Liability Trust Fund to carry out the purposes of section +1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): +Provided, That there may be credited to and used for the purposes of +this appropriation funds received from State and local governments, +other public authorities, private sources, and foreign countries for +expenses incurred for research, development, testing, and evaluation. + + retired pay + + For retired pay, including the payment of obligations otherwise +chargeable to lapsed appropriations for this purpose, payments under +the Retired Serviceman's Family Protection and Survivor Benefits Plans, +payment for career status bonuses, payment of continuation pay under +section 356 of title 37, United States Code, concurrent receipts, +combat-related special compensation, and payments for medical care of +retired personnel and their dependents under chapter 55 of title 10, +United States Code, $1,802,309,000, to remain available until expended. + + United States Secret Service + + operations and support + + For necessary expenses of the United States Secret Service for +operations and support, including purchase of not to exceed 652 +vehicles for police-type use for replacement only; hire of passenger +motor vehicles; purchase of motorcycles made in the United States; hire +of aircraft; rental of buildings in the District of Columbia; fencing, +lighting, guard booths, and other facilities on private or other +property not in Government ownership or control, as may be necessary to +perform protective functions; conduct of and participation in firearms +matches; presentation of awards; conduct of behavioral research in +support of protective intelligence and operations; payment in advance +for commercial accommodations as may be necessary to perform protective +functions; and payment, without regard to section 5702 of title 5, +United States Code, of subsistence expenses of employees who are on +protective missions, whether at or away from their duty stations; +$2,336,401,000; of which $39,763,000 shall remain available until +September 30, 2021, and of which $6,000,000 shall be for a grant for +activities related to investigations of missing and exploited children; +and of which up to $15,000,000 may be for calendar year 2019 premium +pay in excess of the annual equivalent of the limitation on the rate of +pay contained in section 5547(a) of title 5, United States Code, +pursuant to section 2 of the Overtime Pay for Protective Services Act +of 2016 (5 U.S.C. 5547 note), as amended by Public Law 115-383: +Provided, That not to exceed $19,125 shall be for official reception +and representation expenses: Provided further, That not to exceed +$100,000 shall be to provide technical assistance and equipment to +foreign law enforcement organizations in criminal investigations within +the jurisdiction of the United States Secret Service. + + procurement, construction, and improvements + + For necessary expenses of the United States Secret Service for +procurement, construction, and improvements, $66,989,000, to remain +available until September 30, 2022. + + research and development + + For necessary expenses of the United States Secret Service for +research and development, $12,455,000, to remain available until +September 30, 2021. + + Administrative Provisions + + Sec. 201. Section 201 of the Department of Homeland Security +Appropriations Act, 2018 (division F of Public Law 115-141), related to +overtime compensation limitations, shall apply with respect to funds +made available in this Act in the same manner as such section applied +to funds made available in that Act, except that ``fiscal year 2020'' +shall be substituted for ``fiscal year 2018''. + Sec. 202. Funding made available under the headings ``U.S. Customs +and Border Protection--Operations and Support'' and ``U.S. Customs and +Border Protection--Procurement, Construction, and Improvements'' shall +be available for customs expenses when necessary to maintain operations +and prevent adverse personnel actions in Puerto Rico in addition to +funding provided by section 740 of title 48, United States Code. + Sec. 203. As authorized by section 601(b) of the United States- +Colombia Trade Promotion Agreement Implementation Act (Public Law 112- +42), fees collected from passengers arriving from Canada, Mexico, or an +adjacent island pursuant to section 13031(a)(5) of the Consolidated +Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall +be available until expended. + Sec. 204. For an additional amount for ``U.S. Customs and Border +Protection--Operations and Support'', $31,000,000, to remain available +until expended, to be reduced by amounts collected and credited to this +appropriation in fiscal year 2020 from amounts authorized to be +collected by section 286(i) of the Immigration and Nationality Act (8 +U.S.C. 1356(i)), section 10412 of the Farm Security and Rural +Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade +Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or +other such authorizing language: Provided, That to the extent that +amounts realized from such collections exceed $31,000,000, those +amounts in excess of $31,000,000 shall be credited to this +appropriation, to remain available until expended. + Sec. 205. None of the funds made available in this Act for U.S. +Customs and Border Protection may be used to prevent an individual not +in the business of importing a prescription drug (within the meaning of +section 801(g) of the Federal Food, Drug, and Cosmetic Act) from +importing a prescription drug from Canada that complies with the +Federal Food, Drug, and Cosmetic Act: Provided, That this section +shall apply only to individuals transporting on their person a +personal-use quantity of the prescription drug, not to exceed a 90-day +supply: Provided further, That the prescription drug may not be-- + (1) a controlled substance, as defined in section 102 of the + Controlled Substances Act (21 U.S.C. 802); or + (2) a biological product, as defined in section 351 of the + Public Health Service Act (42 U.S.C. 262). + Sec. 206. Notwithstanding any other provision of law, none of the +funds provided in this or any other Act shall be used to approve a +waiver of the navigation and vessel-inspection laws pursuant to section +501(b) of title 46, United States Code, for the transportation of crude +oil distributed from and to the Strategic Petroleum Reserve until the +Secretary of Homeland Security, after consultation with the Secretaries +of the Departments of Energy and Transportation and representatives +from the United States flag maritime industry, takes adequate measures +to ensure the use of United States flag vessels: Provided, That the +Secretary shall notify the Committees on Appropriations of the Senate +and the House of Representatives, the Committee on Commerce, Science, +and Transportation of the Senate, and the Committee on Transportation +and Infrastructure of the House of Representatives within 2 business +days of any request for waivers of navigation and vessel-inspection +laws pursuant to section 501(b) of title 46, United States Code, with +respect to such transportation, and the disposition of such requests. + Sec. 207. (a) Beginning on the date of enactment of this Act, the +Secretary of Homeland Security shall not-- + (1) establish, collect, or otherwise impose any new border + crossing fee on individuals crossing the Southern border or the + Northern border at a land port of entry; or + (2) conduct any study relating to the imposition of a border + crossing fee. + (b) In this section, the term ``border crossing fee'' means a fee +that every pedestrian, cyclist, and driver and passenger of a private +motor vehicle is required to pay for the privilege of crossing the +Southern border or the Northern border at a land port of entry. + Sec. 208. Not later than 90 days after the date of enactment of +this Act, the Secretary of Homeland Security shall submit an +expenditure plan for any amounts made available for ``U.S. Customs and +Border Protection--Procurement, Construction, and Improvements'' in +this Act and prior Acts to the Committees on Appropriations of the +Senate and the House of Representatives: Provided, That no such +amounts may be obligated prior to the submission of such plan. + Sec. 209. (a) Of the total amount made available under ``U.S. +Customs and Border Protection--Procurement, Construction, and +Improvements'', $1,904,468,000 shall be available only as follows: + (1) $1,375,000,000 for the construction of barrier system along + the southwest border; + (2) $221,912,000 for the acquisition and deployment of border + security technologies and trade and travel assets and + infrastructure; + (3) $62,364,000 for facility construction and improvements; + (4) $199,519,000 for integrated operations assets and + infrastructure; and + (5) $45,673,000 for mission support and infrastructure. + (b) The amount designated in subsection (a)(1) shall only be +available for barrier systems that-- + (1) use-- + (A) operationally effective designs deployed as of the date + of enactment of the Consolidated Appropriations Act, 2017 + (Public Law 115-31), such as currently deployed steel bollard + designs, that prioritize agent safety; or + (B) operationally effective adaptations of such designs + that help mitigate community or environmental impacts of + barrier system construction, including adaptations based on + consultation with jurisdictions within which barrier system + will be constructed; and + (2) are constructed in the highest priority locations as + identified in the Border Security Improvement Plan. + (c) The Chief of the U.S. Border Patrol shall-- + (1) provide a plan to the Committees on Appropriations of the + Senate and the House of Representatives for the use of the amounts + provided in subsection (a)(1) within 30 days of the date of + enactment of this Act; and + (2) notify such Committees of any amendment to the highest + priority locations identified for the use of the amount provided in + subsection (a)(1) within 5 days of such amendment. + (d) Consultation with a jurisdiction under subsection (b)(2) shall +not exceed 90 calendar days after such jurisdiction has been notified +that U.S. Customs and Border Protection is entering into such +consultation, unless an extension of time is agreed to by such agency +and such jurisdiction. + (e) Not later than 180 days after the date of enactment of this +Act, the Secretary of Homeland Security shall submit to the Committee +on Appropriations of the Senate, the Committee on Appropriations of the +House of Representatives, and the Comptroller General of the United +States an updated risk-based plan for improving security along the +borders of the United States that includes the elements required under +subsection (a) of section 231 of division F of the Consolidated +Appropriations Act, 2018 (Public Law 115-141), which shall be evaluated +in accordance with subsection (b) of such section. + Sec. 210. Federal funds may not be made available for the +construction of fencing-- + (1) within the Santa Ana Wildlife Refuge; + (2) within the Bentsen-Rio Grande Valley State Park; + (3) within La Lomita Historical park; + (4) within the National Butterfly Center; + (5) within or east of the Vista del Mar Ranch tract of the + Lower Rio Grande Valley National Wildlife Refuge; or + (6) within historic cemeteries. + Sec. 211. Funds made available in this Act may be used to alter +operations within the National Targeting Center of U.S. Customs and +Border Protection: Provided, That none of the funds provided by this +Act, provided by previous appropriations Acts that remain available for +obligation or expenditure in fiscal year 2020, or provided from any +accounts in the Treasury of the United States derived by the collection +of fees available to the components funded by this Act, may be used to +reduce anticipated or planned vetting operations at existing locations +unless specifically authorized by a statute enacted after the date of +enactment of this Act. + Sec. 212. (a) Of the amounts made available by this Act for ``U.S. +Customs and Border Protection--Operations and Support''-- + (1) $173,000,000 is for humanitarian care; + (2) $30,000,000 is to address health, life, and safety issues at +existing Border Patrol facilities, including construction, and for +improved video recording capabilities; Provided, That such amounts are +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + (b) Of the amounts made available by this Act for ``U.S. Customs +and Border Protection--Procurement, Construction, and Improvements'', +$30,000,000 is for the development of an agency-wide electronic health +records system; Provided, That such amounts are designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + (c) The amounts in subsection (b) may not be obligated until the +Department of Homeland Security Chief Medical Officer provides written +certification of compliance with the requirements described in the +explanatory statement accompanying this Act concerning electronic +health records to the Committees on Appropriations of the Senate and +the House of Representatives. + Sec. 213. Without regard to the limitation as to time and +condition of section 503(d) of this Act, the Secretary may reprogram +within and transfer funds to ``U.S. Immigration and Customs +Enforcement--Operations and Support'' as necessary to ensure the +detention of aliens prioritized for removal. + Sec. 214. None of the funds provided under the heading ``U.S. +Immigration and Customs Enforcement--Operations and Support'' may be +used to continue a delegation of law enforcement authority authorized +under section 287(g) of the Immigration and Nationality Act (8 U.S.C. +1357(g)) if the Department of Homeland Security Inspector General +determines that the terms of the agreement governing the delegation of +authority have been materially violated. + Sec. 215. (a) None of the funds provided under the heading ``U.S. +Immigration and Customs Enforcement--Operations and Support'' may be +used to continue any contract for the provision of detention services +if the two most recent overall performance evaluations received by the +contracted facility are less than ``adequate'' or the equivalent median +score in any subsequent performance evaluation system. + (b) Beginning not later than January 1, 2021, the performance +evaluations referenced in subsection (a) shall be conducted by the U.S. +Immigration and Customs Enforcement Office of Professional +Responsibility. + Sec. 216. (a) None of the funds provided by this Act or any other +Act, or provided from any accounts in the Treasury of the United States +derived by the collection of fees available to the components funded by +this Act, may be used by the Secretary of Homeland Security to place in +detention, remove, refer for a decision whether to initiate removal +proceedings, or initiate removal proceedings against a sponsor, +potential sponsor, or member of a household of a sponsor or potential +sponsor of an unaccompanied alien child (as defined in section 462(g) +of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) based on +information shared by the Secretary of Health and Human Services. + (b) Subsection (a) shall not apply if a background check of a +sponsor, potential sponsor, or member of a household of a sponsor or +potential sponsor reveals-- + (1) a felony conviction or pending felony charge that relates + to-- + (A) an aggravated felony (as defined in section 101(a)(43) + of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))); + (B) child abuse; + (C) sexual violence or abuse; or + (D) child pornography; + (2) an association with any business that employs a minor who-- + (A) is unrelated to the sponsor, potential sponsor, or + member of a household of a sponsor or potential sponsor; and + (B) is-- + (i) not paid a legal wage; or + (ii) unable to attend school due to the employment; or + (3) an association with the organization or implementation of + prostitution. + Sec. 217. Not later than 45 days after the date of enactment of +this Act, the Director of U.S. Immigration and Customs Enforcement +shall submit to the Committees on Appropriations of the Senate and the +House of Representatives, and make available on a publicly accessible +website, a report describing agreements pursuant to section 287(g) of +the Immigration and Nationality Act (8 U.S.C. 1357(g)) which shall +include -- + (1) detailed information relating to the community outreach + activities of each participating jurisdiction pursuant to such + agreement, including the membership and activities of any + community-based steering committee established by such + jurisdiction; + (2) the number of individuals placed into removal proceedings + pursuant to each such agreement; + (3) data on the performance of the officers or employees of a + State or political subdivision thereof under each such agreement, + including the nationality and level of criminality of the + individuals described in paragraph (2); and + (4) information relating to any future plans to increase the + number of such agreements or expand the scope of such agreements + through the introduction of new operations pursuant to such + section. + Sec. 218. Not later than 7 days after the date of enactment of +this Act and updated semimonthly thereafter, the Director of U.S. +Immigration and Customs Enforcement shall make available a report, on a +publicly accessible website in a downloadable, searchable, and sortable +format, with not less than the previous twelve months of semimonthly +data as of the last date of each such reporting period; on-- + (1) aliens detained by such agency, including data + disaggregated by single adults and members of family units on-- + (A) the average fiscal year-to-date daily populations of + aliens detained; + (B) the daily count of aliens detained; + (C) the fiscal year-to-date total for book-ins; + (D) the average lengths of stay, including average post- + determination length of stay in the case of detainees described + in subparagraph (F); + (E) the number transferred to the custody of U.S. + Immigration and Customs Enforcement by U.S. Customs and Border + Protection after being-- + (i) deemed inadmissible at a port of entry or after + being apprehended within 14 days of entering the United + States; or + (ii) arrested by U.S. Immigration and Customs + Enforcement; + (F) the number determined to have a credible or reasonable + fear of-- + (i) persecution, as defined in section 235(b)(1)(B)(v) + of the Immigration and Nationality Act; or + (ii) torture, as defined in section 208.30 of title 8, + Code of Federal Regulations (as in effect on January 1, + 2018); and + (G) the number who have been issued a Notice to Appear + pursuant to section 239 of the Immigration and Nationality Act, + disaggregated by single adults and members of family units; + (2) the total number of enrollees in the Alternatives to + Detention program and the average length of participation, + disaggregated by-- + (A) single adults and family heads of household; + (B) participants in the family case management program; + (C) level of supervision; and + (D) location of supervision, by field office; + (3) for each facility where aliens are detained by U.S. + Immigration and Customs Enforcement-- + (A) the address; + (B) the field offices that assign detainees to the + facility; + (C) the detailed facility type, as defined in the + integrated decision support system; + (D) the gender of aliens detained; + (E) the average daily population of detainees within each + detainee classification level, as defined in the integrated + decision support system; + (F) the average daily population of individuals within each + threat level, as defined in the integrated decision support + system; + (G) the average daily population within each criminality + category, as defined in the integrated decision support system, + disaggregated by gender; + (H) the average length of stay; + (I) the average daily population of individuals whose + detention is classified as mandatory; + (J) the performance standards to which the facility is + held; + (K) the date of the two most recent inspections, the entity + that performed each inspection, and a detailed summary of the + results of such inspections; and + (L) the guaranteed minimum detention capacity, if + applicable; and + (4) the total number of releases from custody, by condition of + release, and total number of removals, disaggregated by adult + facilities and family facilities. + Sec. 219. Members of the United States House of Representatives +and the United States Senate, including the leadership; the heads of +Federal agencies and commissions, including the Secretary, Deputy +Secretary, Under Secretaries, and Assistant Secretaries of the +Department of Homeland Security; the United States Attorney General, +Deputy Attorney General, Assistant Attorneys General, and the United +States Attorneys; and senior members of the Executive Office of the +President, including the Director of the Office of Management and +Budget, shall not be exempt from Federal passenger and baggage +screening. + Sec. 220. Any award by the Transportation Security Administration +to deploy explosives detection systems shall be based on risk, the +airport's current reliance on other screening solutions, lobby +congestion resulting in increased security concerns, high injury rates, +airport readiness, and increased cost effectiveness. + Sec. 221. Notwithstanding section 44923 of title 49, United States +Code, for fiscal year 2020, any funds in the Aviation Security Capital +Fund established by section 44923(h) of title 49, United States Code, +may be used for the procurement and installation of explosives +detection systems or for the issuance of other transaction agreements +for the purpose of funding projects described in section 44923(a) of +such title. + Sec. 222. None of the funds made available by this or any other +Act may be used by the Administrator of the Transportation Security +Administration to implement, administer, or enforce, in abrogation of +the responsibility described in section 44903(n)(1) of title 49, United +States Code, any requirement that airport operators provide airport- +financed staffing to monitor exit points from the sterile area of any +airport at which the Transportation Security Administration provided +such monitoring as of December 1, 2013. + Sec. 223. Not later than 30 days after the submission of the +President's budget proposal, the Administrator of the Transportation +Security Administration shall submit to the Committees on +Appropriations and Commerce, Science, and Transportation of the Senate +and the Committees on Appropriations and Homeland Security in the House +of Representatives a single report that fulfills the following +requirements: + (1) a Capital Investment Plan (CIP) that includes a plan for + continuous and sustained capital investment in new, and the + replacement of aged, transportation security equipment; + (2) the 5-year technology investment plan as required by + section 1611 of title XVI of the Homeland Security Act of 2002, as + amended by section 3 of the Transportation Security Acquisition + Reform Act (Public Law 113-245); and + (3) the Advanced Integrated Passenger Screening Technologies + report as required by the Senate Report accompanying the Department + of Homeland Security Appropriations Act, 2019 (Senate Report 115- + 283). + Sec. 224. None of the funds made available by this Act under the +heading ``Coast Guard--Operations and Support'' shall be for expenses +incurred for recreational vessels under section 12114 of title 46, +United States Code, except to the extent fees are collected from owners +of yachts and credited to the appropriation made available by this Act +under the heading ``Coast Guard--Operations and Support'': Provided, +That to the extent such fees are insufficient to pay expenses of +recreational vessel documentation under such section 12114, and there +is a backlog of recreational vessel applications, personnel performing +non-recreational vessel documentation functions under subchapter II of +chapter 121 of title 46, United States Code, may perform documentation +under section 12114. + Sec. 225. Without regard to the limitation as to time and +condition of section 503(d) of this Act, after June 30, up to +$10,000,000 may be reprogrammed to or from the Military Pay and +Allowances funding category within ``Coast Guard--Operations and +Support'' in accordance with subsection (a) of section 503 of this Act. + Sec. 226. Notwithstanding any other provision of law, the +Commandant of the Coast Guard shall submit to the Committees on +Appropriations of the Senate and the House of Representatives a future- +years capital investment plan as described in the second proviso under +the heading ``Coast Guard--Acquisition, Construction, and +Improvements'' in the Department of Homeland Security Appropriations +Act, 2015 (Public Law 114-4), which shall be subject to the +requirements in the third and fourth provisos under such heading. + Sec. 227. Funds made available for Overseas Contingency +Operations/Global War on Terrorism under the heading ``Coast Guard-- +Operations and Support'' may be allocated by program, project, and +activity, notwithstanding section 503 of this Act. + Sec. 228. None of the funds in this Act shall be used to reduce +the Coast Guard's Operations Systems Center mission or its government- +employed or contract staff levels. + Sec. 229. None of the funds appropriated by this Act may be used +to conduct, or to implement the results of, a competition under Office +of Management and Budget Circular A-76 for activities performed with +respect to the Coast Guard National Vessel Documentation Center. + Sec. 230. Funds made available in this Act may be used to alter +operations within the Civil Engineering Program of the Coast Guard +nationwide, including civil engineering units, facilities design and +construction centers, maintenance and logistics commands, and the Coast +Guard Academy, except that none of the funds provided in this Act may +be used to reduce operations within any civil engineering unit unless +specifically authorized by a statute enacted after the date of +enactment of this Act. + Sec. 231. (a) Any discretionary amounts appropriated in this Act in +the current fiscal year and any fiscal year thereafter may be obligated +for death gratuity payments, as authorized in subchapter II of chapter +75 of title 10, United States Code. + (b) Subsection (a) shall only apply if an appropriation for ``Coast +Guard--Operations and Support'' is unavailable for obligation for such +payments. + (c) Such obligations shall subsequently be recorded against +appropriations that become available for ``Coast Guard--Operations and +Support''. + Sec. 232. Beginning in fiscal year 2021 and for each fiscal year +thereafter, amounts credited to the Coast Guard Housing Fund pursuant +to paragraphs (3) through (5) of subsection (b) of section 2946 of +title 14, United States Code, shall be classified as discretionary +offsetting receipts. + Sec. 233. The United States Secret Service is authorized to +obligate funds in anticipation of reimbursements from executive +agencies, as defined in section 105 of title 5, United States Code, for +personnel receiving training sponsored by the James J. Rowley Training +Center, except that total obligations at the end of the fiscal year +shall not exceed total budgetary resources available under the heading +``United States Secret Service--Operations and Support'' at the end of +the fiscal year. + Sec. 234. None of the funds made available to the United States +Secret Service by this Act or by previous appropriations Acts may be +made available for the protection of the head of a Federal agency other +than the Secretary of Homeland Security: Provided, That the Director +of the United States Secret Service may enter into agreements to +provide such protection on a fully reimbursable basis. + Sec. 235. For purposes of section 503(a)(3) of this Act, up to +$15,000,000 may be reprogrammed within ``United States Secret Service-- +Operations and Support''. + Sec. 236. Funding made available in this Act for ``United States +Secret Service--Operations and Support'' is available for travel of +United States Secret Service employees on protective missions without +regard to the limitations on such expenditures in this or any other Act +if the Director of the United States Secret Service or a designee +notifies the Committees on Appropriations of the Senate and the House +of Representatives 10 or more days in advance, or as early as +practicable, prior to such expenditures. + + TITLE III + + PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY + + Cybersecurity and Infrastructure Security Agency + + operations and support + + For necessary expenses of the Cybersecurity and Infrastructure +Security Agency for operations and support, $1,566,229,000, of which +$31,793,000 shall remain available until September 30, 2021: Provided, +That not to exceed $3,825 shall be for official reception and +representation expenses. + + procurement, construction, and improvements + + For necessary expenses of the Cybersecurity and Infrastructure +Security Agency for procurement, construction, and improvements, +$434,962,000, to remain available until September 30, 2022. + + research and development + + For necessary expenses of the Cybersecurity and Infrastructure +Security Agency for research and development, $14,431,000, to remain +available until September 30, 2021. + + Federal Emergency Management Agency + + operations and support + + For necessary expenses of the Federal Emergency Management Agency +for operations and support, $1,102,199,000: Provided, That not to +exceed $2,250 shall be for official reception and representation +expenses. + + procurement, construction, and improvements + + For necessary expenses of the Federal Emergency Management Agency +for procurement, construction, and improvements, $133,363,000, of which +$74,167,000 shall remain available until September 30, 2022, and of +which $59,196,000 shall remain available until September 30, 2024. + + federal assistance + + (including transfer of funds) + + For activities of the Federal Emergency Management Agency for +Federal assistance through grants, contracts, cooperative agreements, +and other activities, $3,178,467,000, which shall be allocated as +follows: + (1) $560,000,000 for the State Homeland Security Grant Program + under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. + 605), of which $90,000,000 shall be for Operation Stonegarden, + $15,000,000 shall be for Tribal Homeland Security Grants under + section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606), + and $40,000,000 shall be for organizations (as described under + section 501(c)(3) of the Internal Revenue Code of 1986 and exempt + from tax under section 501(a) of such code) determined by the + Secretary of Homeland Security to be at high risk of a terrorist + attack: Provided, That notwithstanding subsection (c)(4) of such + section 2004, for fiscal year 2020, the Commonwealth of Puerto Rico + shall make available to local and tribal governments amounts + provided to the Commonwealth of Puerto Rico under this paragraph in + accordance with subsection (c)(1) of such section 2004. + (2) $665,000,000 for the Urban Area Security Initiative under + section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604), + of which $50,000,000 shall be for organizations (as described under + section 501(c)(3) of the Internal Revenue Code of 1986 and exempt + from tax under section 501(a) of such code) determined by the + Secretary of Homeland Security to be at high risk of a terrorist + attack. + (3) $100,000,000 for Public Transportation Security Assistance, + Railroad Security Assistance, and Over-the-Road Bus Security + Assistance under sections 1406, 1513, and 1532 of the Implementing + Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135, + 1163, and 1182), of which $10,000,000 shall be for Amtrak security + and $2,000,000 shall be for Over-the-Road Bus Security: Provided, + That such public transportation security assistance shall be + provided directly to public transportation agencies. + (4) $100,000,000 for Port Security Grants in accordance with + section 70107 of title 46, United States Code. + (5) $710,000,000, to remain available until September 30, 2021, + of which $355,000,000 shall be for Assistance to Firefighter Grants + and $355,000,000 shall be for Staffing for Adequate Fire and + Emergency Response Grants under sections 33 and 34 respectively of + the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 + and 2229a). + (6) $355,000,000 for emergency management performance grants + under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et + seq.), the Robert T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5121), the Earthquake Hazards Reduction + Act of 1977 (42 U.S.C. 7701), section 762 of title 6, United States + Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.). + (7) $263,000,000 for necessary expenses for Flood Hazard + Mapping and Risk Analysis, in addition to and to supplement any + other sums appropriated under the National Flood Insurance Fund, + and such additional sums as may be provided by States or other + political subdivisions for cost-shared mapping activities under + section 1360(f)(2) of the National Flood Insurance Act of 1968 (42 + U.S.C. 4101(f)(2)), to remain available until expended. + (8) $10,000,000 for Regional Catastrophic Preparedness Grants. + (9) $10,000,000 for Rehabilitation of High Hazard Potential + Dams under section 8A of the National Dam Safety Program Act (33 + U.S.C. 467f-2). + (10) $125,000,000 for the emergency food and shelter program + under title III of the McKinney-Vento Homeless Assistance Act (42 + U.S.C. 11331), to remain available until expended: Provided, That + not to exceed 3.5 percent shall be for total administrative costs. + (11) $280,467,000 to sustain current operations for training, + exercises, technical assistance, and other programs. + + disaster relief fund + + For necessary expenses in carrying out the Robert T. Stafford +Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), +$17,863,259,000, to remain available until expended: Provided, That of +the amount provided under this heading, $17,352,112,000 shall be for +major disasters declared pursuant to the Robert T. Stafford Disaster +Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is +designated by the Congress as being for disaster relief pursuant to +section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + national flood insurance fund + + For activities under the National Flood Insurance Act of 1968 (42 +U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 +U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of +2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood +Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. +1020), $206,782,000, to remain available until September 30, 2021, +which shall be derived from offsetting amounts collected under section +1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. +4015(d)); of which $14,005,000 shall be available for mission support +associated with flood management; and of which $192,777,000 shall be +available for flood plain management and flood mapping: Provided, That +any additional fees collected pursuant to section 1308(d) of the +National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be +credited as offsetting collections to this account, to be available for +flood plain management and flood mapping: Provided further, That in +fiscal year 2020, no funds shall be available from the National Flood +Insurance Fund under section 1310 of the National Flood Insurance Act +of 1968 (42 U.S.C. 4017) in excess of-- + (1) $192,439,000 for operating expenses and salaries and + expenses associated with flood insurance operations; + (2) $1,151,000,000 for commissions and taxes of agents; + (3) such sums as are necessary for interest on Treasury + borrowings; and + (4) $175,000,000, which shall remain available until expended, + for flood mitigation actions and for flood mitigation assistance + under section 1366 of the National Flood Insurance Act of 1968 (42 + U.S.C. 4104c), notwithstanding sections 1366(e) and 1310(a)(7) of + such Act (42 U.S.C. 4104c(e), 4017): + Provided further, That the amounts collected under section 102 of the +Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section +1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. +4104c(e)), shall be deposited in the National Flood Insurance Fund to +supplement other amounts specified as available for section 1366 of the +National Flood Insurance Act of 1968, notwithstanding section +102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, +and paragraphs (1) through (3) of section 1367(b) of such Act (42 +U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That +total administrative costs shall not exceed 4 percent of the total +appropriation: Provided further, That up to $5,000,000 is available to +carry out section 24 of the Homeowner Flood Insurance Affordability Act +of 2014 (42 U.S.C. 4033). + + Administrative Provisions + + Sec. 301. Notwithstanding section 2008(a)(12) of the Homeland +Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of +law, not more than 5 percent of the amount of a grant made available in +paragraphs (1) through (4) under ``Federal Emergency Management +Agency--Federal Assistance'', may be used by the grantee for expenses +directly related to administration of the grant. + Sec. 302. Applications for grants under the heading ``Federal +Emergency Management Agency--Federal Assistance'', for paragraphs (1) +through (4), shall be made available to eligible applicants not later +than 60 days after the date of enactment of this Act, eligible +applicants shall submit applications not later than 80 days after the +grant announcement, and the Administrator of the Federal Emergency +Management Agency shall act within 65 days after the receipt of an +application. + Sec. 303. Under the heading ``Federal Emergency Management +Agency--Federal Assistance'', for grants under paragraphs (1) through +(4), (8), and (9), the Administrator of the Federal Emergency +Management Agency shall brief the Committees on Appropriations of the +Senate and the House of Representatives 5 full business days in advance +of announcing publicly the intention of making an award. + Sec. 304. Under the heading ``Federal Emergency Management +Agency--Federal Assistance'', for grants under paragraphs (1) and (2), +the installation of communications towers is not considered +construction of a building or other physical facility. + Sec. 305. The reporting requirements in paragraphs (1) and (2) +under the heading ``Federal Emergency Management Agency--Disaster +Relief Fund'' in the Department of Homeland Security Appropriations +Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2020 with +respect to budget year 2021 and current fiscal year 2020, +respectively-- + (1) in paragraph (1) by substituting ``fiscal year 2021'' for + ``fiscal year 2016''; and + (2) in paragraph (2) by inserting ``business'' after ``fifth''. + Sec. 306. (a) In making grants under the heading ``Federal +Emergency Management Agency--Federal Assistance'', for Staffing for +Adequate Fire and Emergency Response grants, the Secretary may grant +waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), +(a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire +Prevention and Control Act of 1974 (15 U.S.C. 2229a). + (b) For grants made under the heading ``Federal Emergency +Management Agency--Firefighter Assistance Grants'' in division F of +Public Law 114-113, the Secretary may extend the period of performance +described in subsection (a)(1)(B) of such section 34 for up to one +additional year. + (c) For purposes of subsection (b)-- + (1) subsections (a)(1)(E)(iii) and (c)(4)(C) of such section 34 + shall also apply to such additional year of such period of + performance; and + (2) the authority provided shall only apply to any such grant + award that remains open on the date of enactment of this Act. + Sec. 307. The aggregate charges assessed during fiscal year 2020, +as authorized in title III of the Departments of Veterans Affairs and +Housing and Urban Development, and Independent Agencies Appropriations +Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the +amounts anticipated by the Department of Homeland Security to be +necessary for its Radiological Emergency Preparedness Program for the +next fiscal year: Provided, That the methodology for assessment and +collection of fees shall be fair and equitable and shall reflect costs +of providing such services, including administrative costs of +collecting such fees: Provided further, That such fees shall be +deposited in a Radiological Emergency Preparedness Program account as +offsetting collections and will become available for authorized +purposes on October 1, 2020, and remain available until expended. + + TITLE IV + + RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES + + U.S. Citizenship and Immigration Services + + operations and support + + For necessary expenses of U.S. Citizenship and Immigration Services +for operations and support of the E-Verify Program, $122,395,000. + + federal assistance + + For necessary expenses of U.S. Citizenship and Immigration Services +for Federal assistance for the Citizenship and Integration Grant +Program, $10,000,000. + + Federal Law Enforcement Training Centers + + operations and support + + For necessary expenses of the Federal Law Enforcement Training +Centers for operations and support, including the purchase of not to +exceed 117 vehicles for police-type use and hire of passenger motor +vehicles, and services as authorized by section 3109 of title 5, United +States Code, $292,997,000, of which $54,283,000 shall remain available +until September 30, 2021: Provided, That not to exceed $7,180 shall be +for official reception and representation expenses. + + procurement, construction, and improvements + + For necessary expenses of the Federal Law Enforcement Training +Centers for procurement, construction, and improvements, $58,173,000, +to remain available until September 30, 2024. + + Science and Technology Directorate + + operations and support + + For necessary expenses of the Science and Technology Directorate +for operations and support, including the purchase or lease of not to +exceed 5 vehicles, $314,864,000, of which $171,232,000 shall remain +available until September 30, 2021: Provided, That not to exceed +$10,000 shall be for official reception and representation expenses. + + research and development + + For necessary expenses of the Science and Technology Directorate +for research and development, $422,411,000, to remain available until +September 30, 2022. + + Countering Weapons of Mass Destruction Office + + operations and support + + For necessary expenses of the Countering Weapons of Mass +Destruction Office for operations and support, $179,467,000: Provided, +That not to exceed $2,250 shall be for official reception and +representation expenses. + + procurement, construction, and improvements + + For necessary expenses of the Countering Weapons of Mass +Destruction Office for procurement, construction, and improvements, +$118,988,000, to remain available until September 30, 2022. + + research and development + + For necessary expenses of the Countering Weapons of Mass +Destruction Office for research and development, $69,181,000, to remain +available until September 30, 2022. + + federal assistance + + For necessary expenses of the Countering Weapons of Mass +Destruction Office for Federal assistance through grants, contracts, +cooperative agreements, and other activities, $64,663,000, to remain +available until September 30, 2022. + + Administrative Provisions + + Sec. 401. Notwithstanding any other provision of law, funds +otherwise made available to U.S. Citizenship and Immigration Services +may be used to acquire, operate, equip, and dispose of up to 5 +vehicles, for replacement only, for areas where the Administrator of +General Services does not provide vehicles for lease: Provided, That +the Director of U.S. Citizenship and Immigration Services may authorize +employees who are assigned to those areas to use such vehicles to +travel between the employees' residences and places of employment. + Sec. 402. None of the funds appropriated by this Act may be used +to process or approve a competition under Office of Management and +Budget Circular A-76 for services provided by employees (including +employees serving on a temporary or term basis) of U.S. Citizenship and +Immigration Services of the Department of Homeland Security who are +known as Immigration Information Officers, Immigration Service +Analysts, Contact Representatives, Investigative Assistants, or +Immigration Services Officers. + Sec. 403. (a) Not later than 30 days after the date of enactment of +this Act and updated semimonthly thereafter, the Director of U.S. +Citizenship and Immigration Services shall make available, on a +publicly accessible website in a downloadable, searchable, and sortable +format, a report containing not less than the previous twelve months of +semimonthly data on-- + (1) the number of aliens determined to have a credible or + reasonable fear of-- + (A) persecution, as defined in section 235(b)(1)(B)(v) of + the Immigration and Nationality Act; or + (B) torture, as defined in section 208.30 of title 8, Code + of Federal Regulations (as in effect on January 1, 2018); + (2) the total number of cases received by U.S. Citizenship and + Immigration Services to adjudicate credible or reasonable fear + claims, as described in paragraph (1), and the total number of + cases closed. + (b) Such report shall also disaggregate the data described in +subsection (a) with respect to the following subsets-- + (1) claims submitted by aliens detained at a U.S. Immigration + and Customs Enforcement family residential center; + (2) claims submitted by aliens organized by each subdivision of + legal or administrative authority under which claims are reviewed; + and + (3) the job series of the personnel reviewing the claims. + Sec. 404. The Director of the Federal Law Enforcement Training +Centers is authorized to distribute funds to Federal law enforcement +agencies for expenses incurred participating in training accreditation. + Sec. 405. The Federal Law Enforcement Training Accreditation +Board, including representatives from the Federal law enforcement +community and non-Federal accreditation experts involved in law +enforcement training, shall lead the Federal law enforcement training +accreditation process to continue the implementation of measuring and +assessing the quality and effectiveness of Federal law enforcement +training programs, facilities, and instructors. + Sec. 406. The Director of the Federal Law Enforcement Training +Centers may accept transfers to the account established by section +407(a) of division F of the Consolidated Appropriations Act, 2018 +(Public Law 115-141) from Government agencies requesting the +construction of special use facilities, as authorized by the Economy +Act (31 U.S.C. 1535(b)): Provided, That the Federal Law Enforcement +Training Centers maintain administrative control and ownership upon +completion of such facilities. + Sec. 407. The functions of the Federal Law Enforcement Training +Centers instructor staff shall be classified as inherently governmental +for purposes of the Federal Activities Inventory Reform Act of 1998 (31 +U.S.C. 501 note). + + TITLE V + + GENERAL PROVISIONS + + (including rescissions of funds) + + Sec. 501. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 502. Subject to the requirements of section 503 of this Act, +the unexpended balances of prior appropriations provided for activities +in this Act may be transferred to appropriation accounts for such +activities established pursuant to this Act, may be merged with funds +in the applicable established accounts, and thereafter may be accounted +for as one fund for the same time period as originally enacted. + Sec. 503. (a) None of the funds provided by this Act, provided by +previous appropriations Acts to the components in or transferred to the +Department of Homeland Security that remain available for obligation or +expenditure in fiscal year 2020, or provided from any accounts in the +Treasury of the United States derived by the collection of fees +available to the components funded by this Act, shall be available for +obligation or expenditure through a reprogramming of funds that-- + (1) creates or eliminates a program, project, or activity, or + increases funds for any program, project, or activity for which + funds have been denied or restricted by the Congress; + (2) contracts out any function or activity presently performed + by Federal employees or any new function or activity proposed to be + performed by Federal employees in the President's budget proposal + for fiscal year 2020 for the Department of Homeland Security; + (3) augments funding for existing programs, projects, or + activities in excess of $5,000,000 or 10 percent, whichever is + less; + (4) reduces funding for any program, project, or activity, or + numbers of personnel, by 10 percent or more; or + (5) results from any general savings from a reduction in + personnel that would result in a change in funding levels for + programs, projects, or activities as approved by the Congress. + (b) Subsection (a) shall not apply if the Committees on +Appropriations of the Senate and the House of Representatives are +notified at least 15 days in advance of such reprogramming. + (c) Up to 5 percent of any appropriation made available for the +current fiscal year for the Department of Homeland Security by this Act +or provided by previous appropriations Acts may be transferred between +such appropriations if the Committees on Appropriations of the Senate +and the House of Representatives are notified at least 30 days in +advance of such transfer, but no such appropriation, except as +otherwise specifically provided, shall be increased by more than 10 +percent by such transfer. + (d) Notwithstanding subsections (a), (b), and (c), no funds shall +be reprogrammed within or transferred between appropriations based upon +an initial notification provided after June 30, except in extraordinary +circumstances that imminently threaten the safety of human life or the +protection of property. + (e) The notification thresholds and procedures set forth in +subsections (a), (b), (c), and (d) shall apply to any use of +deobligated balances of funds provided in previous Department of +Homeland Security Appropriations Acts that remain available for +obligation in the current year. + (f) Notwithstanding subsection (c), the Secretary of Homeland +Security may transfer to the fund established by 8 U.S.C. 1101 note, up +to $20,000,000 from appropriations available to the Department of +Homeland Security: Provided, That the Secretary shall notify the +Committees on Appropriations of the Senate and the House of +Representatives at least 5 days in advance of such transfer. + Sec. 504. Section 504 of the Department of Homeland Security +Appropriations Act, 2017 (division F of Public Law 115-31), related to +the operations of a working capital fund, shall apply with respect to +funds made available in this Act in the same manner as such section +applied to funds made available in that Act: Provided, That funds from +such working capital fund may be obligated and expended in anticipation +of reimbursements from components of the Department of Homeland +Security. + Sec. 505. Except as otherwise specifically provided by law, not to +exceed 50 percent of unobligated balances remaining available at the +end of fiscal year 2020, as recorded in the financial records at the +time of a reprogramming notification, but not later than June 30, 2021, +from appropriations for ``Operations and Support'' for fiscal year 2020 +in this Act shall remain available through September 30, 2021, in the +account and for the purposes for which the appropriations were +provided: Provided, That prior to the obligation of such funds, a +notification shall be submitted to the Committees on Appropriations of +the Senate and the House of Representatives in accordance with section +503 of this Act. + Sec. 506. Funds made available by this Act for intelligence +activities are deemed to be specifically authorized by the Congress for +purposes of section 504 of the National Security Act of 1947 (50 U.S.C. +414) during fiscal year 2020 until the enactment of an Act authorizing +intelligence activities for fiscal year 2020. + Sec. 507. (a) The Secretary of Homeland Security, or the designee +of the Secretary, shall notify the Committees on Appropriations of the +Senate and the House of Representatives at least 3 full business days +in advance of-- + (1) making or awarding a grant allocation, grant, contract, + other transaction agreement, or task or delivery order on a + Department of Homeland Security multiple award contract, or to + issue a letter of intent totaling in excess of $1,000,000; + (2) awarding a task or delivery order requiring an obligation + of funds in an amount greater than $10,000,000 from multi-year + Department of Homeland Security funds; + (3) making a sole-source grant award; or + (4) announcing publicly the intention to make or award items + under paragraph (1), (2), or (3), including a contract covered by + the Federal Acquisition Regulation. + (b) If the Secretary of Homeland Security determines that +compliance with this section would pose a substantial risk to human +life, health, or safety, an award may be made without notification, and +the Secretary shall notify the Committees on Appropriations of the +Senate and the House of Representatives not later than 5 full business +days after such an award is made or letter issued. + (c) A notification under this section-- + (1) may not involve funds that are not available for + obligation; and + (2) shall include the amount of the award; the fiscal year for + which the funds for the award were appropriated; the type of + contract; and the account from which the funds are being drawn. + Sec. 508. Notwithstanding any other provision of law, no agency +shall purchase, construct, or lease any additional facilities, except +within or contiguous to existing locations, to be used for the purpose +of conducting Federal law enforcement training without advance +notification to the Committees on Appropriations of the Senate and the +House of Representatives, except that the Federal Law Enforcement +Training Centers is authorized to obtain the temporary use of +additional facilities by lease, contract, or other agreement for +training that cannot be accommodated in existing Centers' facilities. + Sec. 509. None of the funds appropriated or otherwise made +available by this Act may be used for expenses for any construction, +repair, alteration, or acquisition project for which a prospectus +otherwise required under chapter 33 of title 40, United States Code, +has not been approved, except that necessary funds may be expended for +each project for required expenses for the development of a proposed +prospectus. + Sec. 510. Sections 520, 522, and 530 of the Department of Homeland +Security Appropriations Act, 2008 (division E of Public Law 110-161; +121 Stat. 2073 and 2074) shall apply with respect to funds made +available in this Act in the same manner as such sections applied to +funds made available in that Act. + Sec. 511. None of the funds made available in this Act may be used +in contravention of the applicable provisions of the Buy American Act: +Provided, That for purposes of the preceding sentence, the term ``Buy +American Act'' means chapter 83 of title 41, United States Code. + Sec. 512. None of the funds made available in this Act may be used +to amend the oath of allegiance required by section 337 of the +Immigration and Nationality Act (8 U.S.C. 1448). + Sec. 513. None of the funds provided or otherwise made available +in this Act shall be available to carry out section 872 of the Homeland +Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the +Congress. + Sec. 514. None of the funds made available in this Act may be used +for planning, testing, piloting, or developing a national +identification card. + Sec. 515. Any official that is required by this Act to report or +to certify to the Committees on Appropriations of the Senate and the +House of Representatives may not delegate such authority to perform +that act unless specifically authorized herein. + Sec. 516. None of the funds appropriated or otherwise made +available in this or any other Act may be used to transfer, release, or +assist in the transfer or release to or within the United States, its +territories, or possessions Khalid Sheikh Mohammed or any other +detainee who-- + (1) is not a United States citizen or a member of the Armed + Forces of the United States; and + (2) is or was held on or after June 24, 2009, at the United + States Naval Station, Guantanamo Bay, Cuba, by the Department of + Defense. + Sec. 517. None of the funds made available in this Act may be used +for first-class travel by the employees of agencies funded by this Act +in contravention of sections 301-10.122 through 301-10.124 of title 41, +Code of Federal Regulations. + Sec. 518. None of the funds made available in this Act may be used +to employ workers described in section 274A(h)(3) of the Immigration +and Nationality Act (8 U.S.C. 1324a(h)(3)). + Sec. 519. Notwithstanding any other provision of this Act, none of +the funds appropriated or otherwise made available by this Act may be +used to pay award or incentive fees for contractor performance that has +been judged to be below satisfactory performance or performance that +does not meet the basic requirements of a contract. + Sec. 520. None of the funds appropriated or otherwise made +available by this Act may be used by the Department of Homeland +Security to enter into any Federal contract unless such contract is +entered into in accordance with the requirements of subtitle I of title +41, United States Code, or chapter 137 of title 10, United States Code, +and the Federal Acquisition Regulation, unless such contract is +otherwise authorized by statute to be entered into without regard to +the above referenced statutes. + Sec. 521. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + Sec. 522. None of the funds made available in this Act may be used +by a Federal law enforcement officer to facilitate the transfer of an +operable firearm to an individual if the Federal law enforcement +officer knows or suspects that the individual is an agent of a drug +cartel unless law enforcement personnel of the United States +continuously monitor or control the firearm at all times. + Sec. 523. None of the funds made available in this Act may be used +to pay for the travel to or attendance of more than 50 employees of a +single component of the Department of Homeland Security, who are +stationed in the United States, at a single international conference +unless the Secretary of Homeland Security, or a designee, determines +that such attendance is in the national interest and notifies the +Committees on Appropriations of the Senate and the House of +Representatives within at least 10 days of that determination and the +basis for that determination: Provided, That for purposes of this +section the term ``international conference'' shall mean a conference +occurring outside of the United States attended by representatives of +the United States Government and of foreign governments, international +organizations, or nongovernmental organizations: Provided further, +That the total cost to the Department of Homeland Security of any such +conference shall not exceed $500,000. + Sec. 524. None of the funds made available in this Act may be used +to reimburse any Federal department or agency for its participation in +a National Special Security Event. + Sec. 525. None of the funds made available to the Department of +Homeland Security by this or any other Act may be obligated for any +structural pay reform that affects more than 100 full-time positions or +costs more than $5,000,000 in a single year before the end of the 30- +day period beginning on the date on which the Secretary of Homeland +Security submits to Congress a notification that includes-- + (1) the number of full-time positions affected by such change; + (2) funding required for such change for the current year and + through the Future Years Homeland Security Program; + (3) justification for such change; and + (4) an analysis of compensation alternatives to such change + that were considered by the Department. + Sec. 526. (a) Any agency receiving funds made available in this Act +shall, subject to subsections (b) and (c), post on the public website +of that agency any report required to be submitted by the Committees on +Appropriations of the Senate and the House of Representatives in this +Act, upon the determination by the head of the agency that it shall +serve the national interest. + (b) Subsection (a) shall not apply to a report if-- + (1) the public posting of the report compromises homeland or + national security; or + (2) the report contains proprietary information. + (c) The head of the agency posting such report shall do so only +after such report has been made available to the Committees on +Appropriations of the Senate and the House of Representatives for not +less than 45 days except as otherwise specified in law. + Sec. 527. (a) Funding provided in this Act for ``Operations and +Support'' may be used for minor procurement, construction, and +improvements. + (b) For purposes of subsection (a), ``minor'' refers to end items +with a unit cost of $250,000 or less for personal property, and +$2,000,000 or less for real property. + Sec. 528. None of the funds made available by this Act may be +obligated or expended to implement the Arms Trade Treaty until the +Senate approves a resolution of ratification for the Treaty. + Sec. 529. The authority provided by section 532 of the Department +of Homeland Security Appropriations Act, 2018 (Public Law 115-141) +regarding primary and secondary schooling of dependents shall continue +in effect during fiscal year 2020. + Sec. 530. (a) For an additional amount for ``Federal Emergency +Management Agency--Federal Assistance'', $41,000,000, to remain +available until September 30, 2021, exclusively for providing +reimbursement of extraordinary law enforcement personnel costs for +protection activities directly and demonstrably associated with any +residence of the President that is designated or identified to be +secured by the United States Secret Service. + (b) Subsections (b) through (f) of section 534 of the Department of +Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall +be applied with respect to amounts made available by subsection (a) of +this section by substituting ``October 1, 2020'' for ``October 1, +2018'' and ``October 1, 2019'' for ``October 1, 2017''. + Sec. 531. (a) Section 831 of the Homeland Security Act of 2002 (6 +U.S.C. 391) shall be applied-- + (1) In subsection (a), by substituting ``September 30, 2020,'' + for ``September 30, 2017,''; and + (2) In subsection (c)(1), by substituting ``September 30, + 2020,'' for ``September 30, 2017''. + (b) The Secretary of Homeland Security, under the authority of +section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may +carry out prototype projects under section 2371b of title 10, United +States Code, and the Secretary shall perform the functions of the +Secretary of Defense as prescribed. + (c) The Secretary of Homeland Security under section 831 of the +Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition +of nontraditional government contractor as defined in section 2371b(e) +of title 10, United States Code. + Sec. 532. (a) None of the funds appropriated or otherwise made +available to the Department of Homeland Security by this Act may be +used to prevent any of the following persons from entering, for the +purpose of conducting oversight, any facility operated by or for the +Department of Homeland Security used to detain or otherwise house +aliens, or to make any temporary modification at any such facility that +in any way alters what is observed by a visiting member of Congress or +such designated employee, compared to what would be observed in the +absence of such modification: + (1) A Member of Congress. + (2) An employee of the United States House of Representatives or +the United States Senate designated by such a Member for the purposes +of this section. + (b) Nothing in this section may be construed to require a Member of +Congress to provide prior notice of the intent to enter a facility +described in subsection (a) for the purpose of conducting oversight. + (c) With respect to individuals described in subsection (a)(2), the +Department of Homeland Security may require that a request be made at +least 24 hours in advance of an intent to enter a facility described in +subsection (a). + Sec. 533. (a) Except as provided in subsection (b), none of the +funds made available in this Act may be used to place restraints on a +woman in the custody of the Department of Homeland Security (including +during transport, in a detention facility, or at an outside medical +facility) who is pregnant or in post-delivery recuperation. + (b) Subsection (a) shall not apply with respect to a pregnant woman +if-- + (1) an appropriate official of the Department of Homeland + Security makes an individualized determination that the woman-- + (A) is a serious flight risk, and such risk cannot be + prevented by other means; or + (B) poses an immediate and serious threat to harm herself + or others that cannot be prevented by other means; or + (2) a medical professional responsible for the care of the + pregnant woman determines that the use of therapeutic restraints is + appropriate for the medical safety of the woman. + (c) If a pregnant woman is restrained pursuant to subsection (b), +only the safest and least restrictive restraints, as determined by the +appropriate medical professional treating the woman, may be used. In no +case may restraints be used on a woman who is in active labor or +delivery, and in no case may a pregnant woman be restrained in a face- +down position with four-point restraints, on her back, or in a +restraint belt that constricts the area of the pregnancy. A pregnant +woman who is immobilized by restraints shall be positioned, to the +maximum extent feasible, on her left side. + Sec. 534. None of the funds made available by this Act to the +Department of Homeland Security may be used to destroy any document, +recording, or other record pertaining to any potential sexual assault +or abuse perpetrated against any individual held in the custody of the +Department of Homeland Security. + Sec. 535. Section 519 of division F of Public Law 114-113, +regarding a prohibition on funding for any position designated as a +Principal Federal Official, shall apply with respect to funds made +available in this Act in the same manner as such section applied to +funds made available in that Act. + Sec. 536. Within 60 days of any budget submission for the +Department of Homeland Security for fiscal year 2021 that assumes +revenues or proposes a reduction from the previous year based on user +fees proposals that have not been enacted into law prior to the +submission of the budget, the Secretary of Homeland Security shall +provide the Committees on Appropriations of the Senate and the House of +Representatives specific reductions in proposed discretionary budget +authority commensurate with the revenues assumed in such proposals in +the event that they are not enacted prior to October 1, 2020. + + (rescissions) + + Sec. 537. (a) Of the unobligated balances of funds made available +under the heading ``U.S. Customs and Border Protection--Operations and +Support'' in Title III of the Emergency Supplemental Appropriations for +Humanitarian Assistance and Security at the Southern Border Act, 2019 +(Public Law 116-26), $233,000,000 are hereby rescinded. + (b) The amounts rescinded pursuant to subsection (a) that were +previously designated by the Congress as an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985 are designated by the Congress as +an emergency requirement pursuant to that section of that Act. + Sec. 538. Of the funds appropriated to the Department of Homeland +Security, the following funds are hereby rescinded from the following +accounts and programs in the specified amounts: Provided, That no +amounts may be rescinded from amounts that were designated by the +Congress as an emergency requirement pursuant to a concurrent +resolution on the budget or the Balanced Budget and Emergency Deficit +Control Act of 1985 (Public Law 99-177): + (1) $91,000,000 from Public Law 116-6 under the heading + ``Customs and Border Protection--Operations and Support''. + (2) $38,000,000 from Public Law 116-6 under the heading + ```Customs and Border Protection--Procurement, Construction and + Improvements''. + (3) $20,000,000 from Public Law 115-141 under the heading + ``Customs and Border Protection--Procurement, Construction, and + Improvements''. + (4) $5,000,000 from Public Law 115-141 under the heading + ``Coast Guard--Research, Development, Test, and Evaluation''. + (5) $42,379,000 from Public Law 116-6 under the heading + ``Transportation Security Administration--Operations and Support''. + (6) $5,764,000 from Public Law 116-6 under the heading + ``Transportation Security Administration--Procurement, Construction + and Improvements''. + Sec. 539. The following unobligated balances made available to the +Department of Homeland Security pursuant to Section 505 of the +Department of Homeland Security Appropriations Act, 2019 (Public Law +116-6) are rescinded: + (1) $153,000 from ``Office of the Secretary and Executive + Management--Operations and Support'' + (2) $304,000 from ``Management Directorate--Operations and + Support''; + (3) $130,000 from ``Intelligence, Analysis, and Operations + Coordination--Operations and Support''; + (4) $3,600 from ``Office of Inspector General--Operations and + Support''; + (5) $269,000 from ``U.S. Customs and Border Protection-- + Operations and Support''; + (6) $8,999,000 from ``U.S. Immigration and Customs + Enforcement--Operations and Support''; + (7) $69,000 from ``Coast Guard--Operations and Support''; + (8) $695,000 from ``United States Secret Service--Operations + and Support''; + (9) $3,915,000 from ``Cybersecurity and Infrastructure Security + Agency--Operations and Support''; + (10) $1,815,000 from ``U.S. Citizenship and Immigration + Services--Operations and Support''; + (11) $313,000 from ``Federal Law Enforcement Training Centers-- + Operations and Support''; + (12) $273,000 from ``Science and Technology Directorate-- + Operations and Support''; + (13) $1,596,000 from ``Countering Weapons of Mass Destruction + Office--Operations and Support''. + Sec. 540. Of the unobligated balances made available to ``Federal +Emergency Management Agency--Disaster Relief Fund'', $300,000,000 shall +be rescinded: Provided, That no amounts may be rescinded from amounts +that were designated by the Congress as an emergency requirement +pursuant to a concurrent resolution on the budget or the Balanced +Budget and Emergency Deficit Control Act of 1985, as amended: Provided +further, That no amounts may be rescinded from the amounts that were +designated by the Congress as being for disaster relief pursuant to +section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + This division may be cited as the ``Department of Homeland +Security Appropriations Act, 2020''. + + Speaker of the House of Representatives. - This Act may be cited as the ``DHS Cyber Incident Response Teams -Act of 2019''. - -SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBER INCIDENT RESPONSE TEAMS. - - (a) In General.--Section 2209 of the Homeland Security Act of 2002 -(6 U.S.C. 148) is amended-- - (1) in subsection (d)(1)(B)(iv), by inserting ``, including - cybersecurity specialists'' after ``entities''; - (2) by redesignating subsections (f) through (m) as - subsections (g) through (n), respectively; - (3) by inserting after subsection (e) the following new - subsection (f): - ``(f) Cyber Incident Response Teams.-- - ``(1) In general.--The Center shall maintain cyber hunt and - incident response teams for the purpose of providing, as - appropriate and upon request, assistance, including the - following: - ``(A) Assistance to asset owners and operators in - restoring services following a cyber incident. - ``(B) The identification of cybersecurity risk and - unauthorized cyber activity. - ``(C) Mitigation strategies to prevent, deter, and - protect against cybersecurity risks. - ``(D) Recommendations to asset owners and operators - for improving overall network and control systems - security to lower cybersecurity risks, and other - recommendations, as appropriate. - ``(E) Such other capabilities as the Under - Secretary appointed under section 103(a)(1)(H) - determines appropriate. - ``(2) Cybersecurity specialists.--The Secretary may include - cybersecurity specialists from the private sector on cyber hunt - and incident response teams. - ``(3) Associated metrics.--The Center shall continually - assess and evaluate the cyber incident response teams and their - operations using robust metrics. - ``(4) Submittal of information to congress.--Upon the - conclusion of each of the first 4 fiscal years ending after the - date of the enactment of this subsection, the Center shall - submit to the Committee on Homeland Security of the House of - Representatives and the Homeland Security and Governmental - Affairs Committee of the Senate, information on the metrics - used for evaluation and assessment of the cyber incident - response teams and operations pursuant to paragraph (3), - including the resources and staffing of such cyber incident - response teams. Such information shall include each of the - following for the period covered by the report: - ``(A) The total number of incident response - requests received. - ``(B) The number of incident response tickets - opened. - ``(C) All interagency staffing of incident response - teams. - ``(D) The interagency collaborations established to - support incident response teams.''; and - (4) in subsection (g), as redesignated by paragraph (2)-- - (A) in paragraph (1), by inserting ``, or any team - or activity of the Center,'' after ``Center''; and - (B) in paragraph (2), by inserting ``, or any team - or activity of the Center,'' after ``Center''. - (b) No Additional Funds Authorized.--No additional funds are -authorized to be appropriated to carry out the requirements of this Act -and the amendments made by this Act. Such requirements shall be carried -out using amounts otherwise authorized to be appropriated. - - Passed the House of Representatives June 10, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1158 - -_______________________________________________________________________ - - AN ACT - - To authorize cyber incident response teams at the Department of - Homeland Security, and for other purposes. + Vice President of the United States and + President of the Senate. From 33e10223b713e7272c6fe7cb85e8b5e0c4d1879a Mon Sep 17 00:00:00 2001 From: "Rep. Lee, Susie [D-NV-3]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 113/984] House-1198: Introduced to House --- bills_text/House-1198.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-1198.txt diff --git a/bills_text/House-1198.txt b/bills_text/House-1198.txt new file mode 100644 index 0000000..7c14d2a --- /dev/null +++ b/bills_text/House-1198.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 1198 + + To designate the facility of the United States Postal Service located + at 404 South Boulder Highway in Henderson, Nevada, as the ``Henderson + Veterans Memorial Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 13, 2019 + + Mrs. Lee of Nevada (for herself, Mr. Horsford, Ms. Titus, and Mr. + Amodei) introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 404 South Boulder Highway in Henderson, Nevada, as the ``Henderson + Veterans Memorial Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. HENDERSON VETERANS MEMORIAL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 404 South Boulder Highway in Henderson, Nevada, shall be +known and designated as the ``Henderson Veterans Memorial Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Henderson +Veterans Memorial Post Office Building''. + \ No newline at end of file From 0dac214fb8c7b8c6acbd4d4f50d92892f316666c Mon Sep 17 00:00:00 2001 From: "Rep. Lee, Susie [D-NV-3]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 114/984] House-1198: Engrossed in House --- bills_text/House-1198.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-1198.txt b/bills_text/House-1198.txt index 7c14d2a..56a4022 100644 --- a/bills_text/House-1198.txt +++ b/bills_text/House-1198.txt @@ -2,25 +2,9 @@ 1st Session H. R. 1198 - To designate the facility of the United States Postal Service located - at 404 South Boulder Highway in Henderson, Nevada, as the ``Henderson - Veterans Memorial Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 13, 2019 - - Mrs. Lee of Nevada (for herself, Mr. Horsford, Ms. Titus, and Mr. - Amodei) introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -41,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Henderson Veterans Memorial Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives April 30, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1198 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 404 South Boulder Highway in Henderson, Nevada, as the ``Henderson + Veterans Memorial Post Office Building''. From 32e8f63551d8f73b68e9da80511f316a50533b90 Mon Sep 17 00:00:00 2001 From: "Rep. Lee, Susie [D-NV-3]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 115/984] House-1198: Enrolled --- bills_text/House-1198.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-1198.txt b/bills_text/House-1198.txt index 56a4022..d6eb5a9 100644 --- a/bills_text/House-1198.txt +++ b/bills_text/House-1198.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 1198 + H.R.1198 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 404 South Boulder Highway in Henderson, Nevada, as the ``Henderson - Veterans Memorial Post Office Building''. +To designate the facility of the United States Postal Service located at + 404 South Boulder Highway in Henderson, Nevada, as the ``Henderson + Veterans Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. HENDERSON VETERANS MEMORIAL POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 404 South Boulder Highway in Henderson, Nevada, shall be known and designated as the ``Henderson Veterans Memorial Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Henderson Veterans Memorial Post Office Building''. - Passed the House of Representatives April 30, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1198 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 404 South Boulder Highway in Henderson, Nevada, as the ``Henderson - Veterans Memorial Post Office Building''. + Vice President of the United States and + President of the Senate. From 6f11b8c265ef4a7cfc00a1839ff99efd8fd13d6f Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 116/984] House-1200: Introduced to House --- bills_text/House-1200.txt | 82 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 82 insertions(+) create mode 100644 bills_text/House-1200.txt diff --git a/bills_text/House-1200.txt b/bills_text/House-1200.txt new file mode 100644 index 0000000..76ddbfe --- /dev/null +++ b/bills_text/House-1200.txt @@ -0,0 +1,82 @@ +116th CONGRESS + 1st Session + H. R. 1200 + + To increase, effective as of December 1, 2019, the rates of + compensation for veterans with service-connected disabilities and the + rates of dependency and indemnity compensation for the survivors of + certain disabled veterans, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 13, 2019 + + Mrs. Luria (for herself and Mr. Bost) introduced the following bill; + which was referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To increase, effective as of December 1, 2019, the rates of + compensation for veterans with service-connected disabilities and the + rates of dependency and indemnity compensation for the survivors of + certain disabled veterans, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Veterans' Compensation Cost-of- +Living Adjustment Act of 2019''. + +SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND + INDEMNITY COMPENSATION. + + (a) Rate Adjustment.--Effective on December 1, 2019, the Secretary +of Veterans Affairs shall increase, in accordance with subsection (c), +the dollar amounts in effect on November 30, 2019, for the payment of +disability compensation and dependency and indemnity compensation under +the provisions specified in subsection (b). + (b) Amounts To Be Increased.--The dollar amounts to be increased +pursuant to subsection (a) are the following: + (1) Wartime disability compensation.--Each of the dollar + amounts under section 1114 of title 38, United States Code. + (2) Additional compensation for dependents.--Each of the + dollar amounts under section 1115(1) of such title. + (3) Clothing allowance.--The dollar amount under section + 1162 of such title. + (4) Dependency and indemnity compensation to surviving + spouse.--Each of the dollar amounts under subsections (a) + through (d) of section 1311 of such title. + (5) Dependency and indemnity compensation to children.-- + Each of the dollar amounts under sections 1313(a) and 1314 of + such title. + (c) Determination of Increase.--Each dollar amount described in +subsection (b) shall be increased by the same percentage as the +percentage by which benefit amounts payable under title II of the +Social Security Act (42 U.S.C. 401 et seq.) are increased effective +December 1, 2019, as a result of a determination under section 215(i) +of such Act (42 U.S.C. 415(i)). + (d) Special Rule.--The Secretary of Veterans Affairs may adjust +administratively, consistent with the increases made under subsection +(a), the rates of disability compensation payable to persons under +section 10 of Public Law 85-857 (72 Stat. 1263) who have not received +compensation under chapter 11 of title 38, United States Code. + +SEC. 3. PUBLICATION OF ADJUSTED RATES. + + The Secretary of Veterans Affairs shall publish in the Federal +Register the amounts specified in section 2(b), as increased under that +section, not later than the date on which the matters specified in +section 215(i)(2)(D) of the Social Security Act (42 U.S.C. +415(i)(2)(D)) are required to be published by reason of a determination +made under section 215(i) of such Act during fiscal year 2020. + \ No newline at end of file From 677c17edc18b9d1923407d69ec6ad8bb05a9f4e0 Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 117/984] House-1200: Engrossed in House --- bills_text/House-1200.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-1200.txt b/bills_text/House-1200.txt index 76ddbfe..e227c4d 100644 --- a/bills_text/House-1200.txt +++ b/bills_text/House-1200.txt @@ -2,25 +2,9 @@ 1st Session H. R. 1200 - To increase, effective as of December 1, 2019, the rates of - compensation for veterans with service-connected disabilities and the - rates of dependency and indemnity compensation for the survivors of - certain disabled veterans, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 13, 2019 - - Mrs. Luria (for herself and Mr. Bost) introduced the following bill; - which was referred to the Committee on Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -79,4 +63,23 @@ section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2020. - \ No newline at end of file + + Passed the House of Representatives May 21, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1200 + +_______________________________________________________________________ + + AN ACT + + To increase, effective as of December 1, 2019, the rates of + compensation for veterans with service-connected disabilities and the + rates of dependency and indemnity compensation for the survivors of + certain disabled veterans, and for other purposes. From 036b4604260fa30d314faa584d503ed22d0fdc7a Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:36 -0500 Subject: [PATCH 118/984] House-1200: Received in Senate --- bills_text/House-1200.txt | 26 ++++++++++++-------------- 1 file changed, 12 insertions(+), 14 deletions(-) diff --git a/bills_text/House-1200.txt b/bills_text/House-1200.txt index e227c4d..d5da16d 100644 --- a/bills_text/House-1200.txt +++ b/bills_text/House-1200.txt @@ -2,6 +2,16 @@ 1st Session H. R. 1200 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 22, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -68,18 +78,6 @@ made under section 215(i) of such Act during fiscal year 2020. Attest: - Clerk. -116th CONGRESS - - 1st Session + CHERYL L. JOHNSON, - H. R. 1200 - -_______________________________________________________________________ - - AN ACT - - To increase, effective as of December 1, 2019, the rates of - compensation for veterans with service-connected disabilities and the - rates of dependency and indemnity compensation for the survivors of - certain disabled veterans, and for other purposes. + Clerk. From dd87b6ac394e107525fd067cf07bd2a20fe1ef5f Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 119/984] House-1200: Enrolled --- bills_text/House-1200.txt | 65 ++++++++++++++++----------------------- 1 file changed, 27 insertions(+), 38 deletions(-) diff --git a/bills_text/House-1200.txt b/bills_text/House-1200.txt index d5da16d..97c6a4e 100644 --- a/bills_text/House-1200.txt +++ b/bills_text/House-1200.txt @@ -1,39 +1,34 @@ -116th CONGRESS - 1st Session - H. R. 1200 + H.R.1200 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - May 22, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act - To increase, effective as of December 1, 2019, the rates of - compensation for veterans with service-connected disabilities and the - rates of dependency and indemnity compensation for the survivors of - certain disabled veterans, and for other purposes. +To increase, effective as of December 1, 2019, the rates of compensation + for veterans with service-connected disabilities and the rates of + dependency and indemnity compensation for the survivors of certain + disabled veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Veterans' Compensation Cost-of- Living Adjustment Act of 2019''. - SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND - INDEMNITY COMPENSATION. - +INDEMNITY COMPENSATION. (a) Rate Adjustment.--Effective on December 1, 2019, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2019, for the payment of @@ -41,18 +36,17 @@ disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: - (1) Wartime disability compensation.--Each of the dollar - amounts under section 1114 of title 38, United States Code. - (2) Additional compensation for dependents.--Each of the - dollar amounts under section 1115(1) of such title. - (3) Clothing allowance.--The dollar amount under section - 1162 of such title. - (4) Dependency and indemnity compensation to surviving - spouse.--Each of the dollar amounts under subsections (a) - through (d) of section 1311 of such title. - (5) Dependency and indemnity compensation to children.-- - Each of the dollar amounts under sections 1313(a) and 1314 of - such title. + (1) Wartime disability compensation.--Each of the dollar + amounts under section 1114 of title 38, United States Code. + (2) Additional compensation for dependents.--Each of the dollar + amounts under section 1115(1) of such title. + (3) Clothing allowance.--The dollar amount under section 1162 + of such title. + (4) Dependency and indemnity compensation to surviving + spouse.--Each of the dollar amounts under subsections (a) through + (d) of section 1311 of such title. + (5) Dependency and indemnity compensation to children.--Each of + the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the @@ -64,9 +58,7 @@ administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. - SEC. 3. PUBLICATION OF ADJUSTED RATES. - The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in @@ -74,10 +66,7 @@ section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2020. - Passed the House of Representatives May 21, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 6704033b8f6c9c697e68afffeb028f9da56de4aa Mon Sep 17 00:00:00 2001 From: "Rep. Kind, Ron [D-WI-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 120/984] House-1222: Introduced to House --- bills_text/House-1222.txt | 165 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 165 insertions(+) create mode 100644 bills_text/House-1222.txt diff --git a/bills_text/House-1222.txt b/bills_text/House-1222.txt new file mode 100644 index 0000000..a08f51e --- /dev/null +++ b/bills_text/House-1222.txt @@ -0,0 +1,165 @@ +116th CONGRESS + 1st Session + H. R. 1222 + + To amend the Pittman-Robertson Wildlife Restoration Act to facilitate + the establishment of additional or expanded public target ranges in + certain States. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 14, 2019 + + Mr. Kind (for himself, Mr. Bishop of Utah, and Mr. Hunter) introduced + the following bill; which was referred to the Committee on Natural + Resources + +_______________________________________________________________________ + + A BILL + + + + To amend the Pittman-Robertson Wildlife Restoration Act to facilitate + the establishment of additional or expanded public target ranges in + certain States. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Target Practice and Marksmanship +Training Support Act''. + +SEC. 2. FINDINGS; PURPOSE. + + (a) Findings.--Congress finds that-- + (1) the use of firearms and archery equipment for target + practice and marksmanship training activities on Federal land + is allowed, except to the extent specific portions of that land + have been closed to those activities; + (2) in recent years preceding the date of enactment of this + Act, portions of Federal land have been closed to target + practice and marksmanship training for many reasons; + (3) the availability of public target ranges on non-Federal + land has been declining for a variety of reasons, including + continued population growth and development near former ranges; + (4) providing opportunities for target practice and + marksmanship training at public target ranges on Federal and + non-Federal land can help-- + (A) to promote enjoyment of shooting, recreational, + and hunting activities; and + (B) to ensure safe and convenient locations for + those activities; + (5) Federal law in effect on the date of enactment of this + Act, including the Pittman-Robertson Wildlife Restoration Act + (16 U.S.C. 669 et seq.), provides Federal support for + construction and expansion of public target ranges by making + available to States amounts that may be used for construction, + operation, and maintenance of public target ranges; and + (6) it is in the public interest to provide increased + Federal support to facilitate the construction or expansion of + public target ranges. + (b) Purpose.--The purpose of this Act is to facilitate the +construction and expansion of public target ranges, including ranges on +Federal land managed by the Forest Service and the Bureau of Land +Management. + +SEC. 3. DEFINITION OF PUBLIC TARGET RANGE. + + In this Act, the term ``public target range'' means a specific +location that-- + (1) is identified by a governmental agency for recreational + shooting; + (2) is open to the public; + (3) may be supervised; and + (4) may accommodate archery or rifle, pistol, or shotgun + shooting. + +SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT. + + (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife +Restoration Act (16 U.S.C. 669a) is amended-- + (1) by redesignating paragraphs (2) through (8) as + paragraphs (3) through (9), respectively; and + (2) by inserting after paragraph (1) the following: + ``(2) the term `public target range' means a specific + location that-- + ``(A) is identified by a governmental agency for + recreational shooting; + ``(B) is open to the public; + ``(C) may be supervised; and + ``(D) may accommodate archery or rifle, pistol, or + shotgun shooting;''. + (b) Expenditures for Management of Wildlife Areas and Resources.-- +Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 +U.S.C. 669g(b)) is amended-- + (1) by striking ``(b) Each State'' and inserting the + following: + ``(b) Expenditures for Management of Wildlife Areas and +Resources.-- + ``(1) In general.--Except as provided in paragraph (2), + each State''; + (2) in paragraph (1) (as so designated), by striking + ``construction, operation,'' and inserting ``operation''; + (3) in the second sentence, by striking ``The non-Federal + share'' and inserting the following: + ``(3) Non-federal share.--The non-Federal share''; + (4) in the third sentence, by striking ``The Secretary'' + and inserting the following: + ``(4) Regulations.--The Secretary''; and + (5) by inserting after paragraph (1) (as designated by + paragraph (1) of this subsection) the following: + ``(2) Exception.--Notwithstanding the limitation described + in paragraph (1), a State may pay up to 90 percent of the cost + of acquiring land for, expanding, or constructing a public + target range.''. + (c) Firearm and Bow Hunter Education and Safety Program Grants.-- +Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. +669h-1) is amended-- + (1) in subsection (a), by adding at the end the following: + ``(3) Allocation of additional amounts.--Of the amount + apportioned to a State for any fiscal year under section 4(b), + the State may elect to allocate not more than 10 percent, to be + combined with the amount apportioned to the State under + paragraph (1) for that fiscal year, for acquiring land for, + expanding, or constructing a public target range.''; + (2) by striking subsection (b) and inserting the following: + ``(b) Cost Sharing.-- + ``(1) In general.--Except as provided in paragraph (2), the + Federal share of the cost of any activity carried out using a + grant under this section shall not exceed 75 percent of the + total cost of the activity. + ``(2) Public target range construction or expansion.--The + Federal share of the cost of acquiring land for, expanding, or + constructing a public target range in a State on Federal or + non-Federal land pursuant to this section or section 8(b) shall + not exceed 90 percent of the cost of the activity.''; and + (3) in subsection (c)(1)-- + (A) by striking ``Amounts made'' and inserting the + following: + ``(A) In general.--Except as provided in + subparagraph (B), amounts made''; and + (B) by adding at the end the following: + ``(B) Exception.--Amounts provided for acquiring + land for, constructing, or expanding a public target + range shall remain available for expenditure and + obligation during the 5-fiscal-year period beginning on + October 1 of the first fiscal year for which the + amounts are made available.''. + +SEC. 5. SENSE OF CONGRESS REGARDING COOPERATION. + + It is the sense of Congress that, consistent with applicable laws +and regulations, the Chief of the Forest Service and the Director of +the Bureau of Land Management should cooperate with State and local +authorities and other entities to carry out waste removal and other +activities on any Federal land used as a public target range to +encourage continued use of that land for target practice or +marksmanship training. + \ No newline at end of file From 10fb9fe80b487010dc1969401c4cdb9ed7708c96 Mon Sep 17 00:00:00 2001 From: "Rep. Kind, Ron [D-WI-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 121/984] House-1222: Engrossed in House --- bills_text/House-1222.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-1222.txt b/bills_text/House-1222.txt index a08f51e..c6b0a0d 100644 --- a/bills_text/House-1222.txt +++ b/bills_text/House-1222.txt @@ -2,25 +2,9 @@ 1st Session H. R. 1222 - To amend the Pittman-Robertson Wildlife Restoration Act to facilitate - the establishment of additional or expanded public target ranges in - certain States. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 14, 2019 - - Mr. Kind (for himself, Mr. Bishop of Utah, and Mr. Hunter) introduced - the following bill; which was referred to the Committee on Natural - Resources - -_______________________________________________________________________ - - A BILL + AN ACT @@ -162,4 +146,22 @@ authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. - \ No newline at end of file + + Passed the House of Representatives April 29, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1222 + +_______________________________________________________________________ + + AN ACT + + To amend the Pittman-Robertson Wildlife Restoration Act to facilitate + the establishment of additional or expanded public target ranges in + certain States. From 97d44f9aee982fe77654b892f3968e6ca3730857 Mon Sep 17 00:00:00 2001 From: "Rep. Kind, Ron [D-WI-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 122/984] House-1222: Received in Senate --- bills_text/House-1222.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-1222.txt b/bills_text/House-1222.txt index c6b0a0d..d5c2595 100644 --- a/bills_text/House-1222.txt +++ b/bills_text/House-1222.txt @@ -2,6 +2,16 @@ 1st Session H. R. 1222 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 30, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -151,17 +161,6 @@ marksmanship training. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1222 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To amend the Pittman-Robertson Wildlife Restoration Act to facilitate - the establishment of additional or expanded public target ranges in - certain States. + Clerk. From bb591cd5410a5f62b910bd2ed1a76987340bf1c5 Mon Sep 17 00:00:00 2001 From: "Rep. Kind, Ron [D-WI-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 123/984] House-1222: Enrolled --- bills_text/House-1222.txt | 216 ++++++++++++++++++-------------------- 1 file changed, 100 insertions(+), 116 deletions(-) diff --git a/bills_text/House-1222.txt b/bills_text/House-1222.txt index d5c2595..cd1265d 100644 --- a/bills_text/House-1222.txt +++ b/bills_text/House-1222.txt @@ -1,154 +1,141 @@ -116th CONGRESS - 1st Session - H. R. 1222 + H.R.1222 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - April 30, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To amend the Pittman-Robertson Wildlife Restoration Act to facilitate the establishment of additional or expanded public target ranges in - certain States. + certain States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Target Practice and Marksmanship Training Support Act''. - SEC. 2. FINDINGS; PURPOSE. - (a) Findings.--Congress finds that-- - (1) the use of firearms and archery equipment for target - practice and marksmanship training activities on Federal land - is allowed, except to the extent specific portions of that land - have been closed to those activities; - (2) in recent years preceding the date of enactment of this - Act, portions of Federal land have been closed to target - practice and marksmanship training for many reasons; - (3) the availability of public target ranges on non-Federal - land has been declining for a variety of reasons, including - continued population growth and development near former ranges; - (4) providing opportunities for target practice and - marksmanship training at public target ranges on Federal and - non-Federal land can help-- - (A) to promote enjoyment of shooting, recreational, - and hunting activities; and - (B) to ensure safe and convenient locations for - those activities; - (5) Federal law in effect on the date of enactment of this - Act, including the Pittman-Robertson Wildlife Restoration Act - (16 U.S.C. 669 et seq.), provides Federal support for - construction and expansion of public target ranges by making - available to States amounts that may be used for construction, - operation, and maintenance of public target ranges; and - (6) it is in the public interest to provide increased - Federal support to facilitate the construction or expansion of - public target ranges. + (1) the use of firearms and archery equipment for target + practice and marksmanship training activities on Federal land is + allowed, except to the extent specific portions of that land have + been closed to those activities; + (2) in recent years preceding the date of enactment of this + Act, portions of Federal land have been closed to target practice + and marksmanship training for many reasons; + (3) the availability of public target ranges on non-Federal + land has been declining for a variety of reasons, including + continued population growth and development near former ranges; + (4) providing opportunities for target practice and + marksmanship training at public target ranges on Federal and non- + Federal land can help-- + (A) to promote enjoyment of shooting, recreational, and + hunting activities; and + (B) to ensure safe and convenient locations for those + activities; + (5) Federal law in effect on the date of enactment of this Act, + including the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. + 669 et seq.), provides Federal support for construction and + expansion of public target ranges by making available to States + amounts that may be used for construction, operation, and + maintenance of public target ranges; and + (6) it is in the public interest to provide increased Federal + support to facilitate the construction or expansion of public + target ranges. (b) Purpose.--The purpose of this Act is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. - SEC. 3. DEFINITION OF PUBLIC TARGET RANGE. - In this Act, the term ``public target range'' means a specific location that-- - (1) is identified by a governmental agency for recreational - shooting; - (2) is open to the public; - (3) may be supervised; and - (4) may accommodate archery or rifle, pistol, or shotgun - shooting. - + (1) is identified by a governmental agency for recreational + shooting; + (2) is open to the public; + (3) may be supervised; and + (4) may accommodate archery or rifle, pistol, or shotgun + shooting. SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT. - (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended-- - (1) by redesignating paragraphs (2) through (8) as - paragraphs (3) through (9), respectively; and - (2) by inserting after paragraph (1) the following: - ``(2) the term `public target range' means a specific - location that-- - ``(A) is identified by a governmental agency for - recreational shooting; - ``(B) is open to the public; - ``(C) may be supervised; and - ``(D) may accommodate archery or rifle, pistol, or - shotgun shooting;''. + (1) by redesignating paragraphs (2) through (8) as paragraphs + (3) through (9), respectively; and + (2) by inserting after paragraph (1) the following: + ``(2) the term `public target range' means a specific location + that-- + ``(A) is identified by a governmental agency for + recreational shooting; + ``(B) is open to the public; + ``(C) may be supervised; and + ``(D) may accommodate archery or rifle, pistol, or shotgun + shooting;''. (b) Expenditures for Management of Wildlife Areas and Resources.-- Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended-- - (1) by striking ``(b) Each State'' and inserting the - following: + (1) by striking ``(b) Each State'' and inserting the following: ``(b) Expenditures for Management of Wildlife Areas and Resources.-- - ``(1) In general.--Except as provided in paragraph (2), - each State''; - (2) in paragraph (1) (as so designated), by striking - ``construction, operation,'' and inserting ``operation''; - (3) in the second sentence, by striking ``The non-Federal - share'' and inserting the following: - ``(3) Non-federal share.--The non-Federal share''; - (4) in the third sentence, by striking ``The Secretary'' - and inserting the following: - ``(4) Regulations.--The Secretary''; and - (5) by inserting after paragraph (1) (as designated by - paragraph (1) of this subsection) the following: - ``(2) Exception.--Notwithstanding the limitation described - in paragraph (1), a State may pay up to 90 percent of the cost - of acquiring land for, expanding, or constructing a public - target range.''. + ``(1) In general.--Except as provided in paragraph (2), each + State''; + (2) in paragraph (1) (as so designated), by striking + ``construction, operation,'' and inserting ``operation''; + (3) in the second sentence, by striking ``The non-Federal + share'' and inserting the following: + ``(3) Non-federal share.--The non-Federal share''; + (4) in the third sentence, by striking ``The Secretary'' and + inserting the following: + ``(4) Regulations.--The Secretary''; and + (5) by inserting after paragraph (1) (as designated by + paragraph (1) of this subsection) the following: + ``(2) Exception.--Notwithstanding the limitation described in + paragraph (1), a State may pay up to 90 percent of the cost of + acquiring land for, expanding, or constructing a public target + range.''. (c) Firearm and Bow Hunter Education and Safety Program Grants.-- Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-1) is amended-- - (1) in subsection (a), by adding at the end the following: - ``(3) Allocation of additional amounts.--Of the amount - apportioned to a State for any fiscal year under section 4(b), - the State may elect to allocate not more than 10 percent, to be - combined with the amount apportioned to the State under - paragraph (1) for that fiscal year, for acquiring land for, - expanding, or constructing a public target range.''; - (2) by striking subsection (b) and inserting the following: + (1) in subsection (a), by adding at the end the following: + ``(3) Allocation of additional amounts.--Of the amount + apportioned to a State for any fiscal year under section 4(b), the + State may elect to allocate not more than 10 percent, to be + combined with the amount apportioned to the State under paragraph + (1) for that fiscal year, for acquiring land for, expanding, or + constructing a public target range.''; + (2) by striking subsection (b) and inserting the following: ``(b) Cost Sharing.-- - ``(1) In general.--Except as provided in paragraph (2), the - Federal share of the cost of any activity carried out using a - grant under this section shall not exceed 75 percent of the - total cost of the activity. - ``(2) Public target range construction or expansion.--The - Federal share of the cost of acquiring land for, expanding, or - constructing a public target range in a State on Federal or - non-Federal land pursuant to this section or section 8(b) shall - not exceed 90 percent of the cost of the activity.''; and - (3) in subsection (c)(1)-- - (A) by striking ``Amounts made'' and inserting the - following: - ``(A) In general.--Except as provided in - subparagraph (B), amounts made''; and - (B) by adding at the end the following: - ``(B) Exception.--Amounts provided for acquiring - land for, constructing, or expanding a public target - range shall remain available for expenditure and - obligation during the 5-fiscal-year period beginning on - October 1 of the first fiscal year for which the - amounts are made available.''. - + ``(1) In general.--Except as provided in paragraph (2), the + Federal share of the cost of any activity carried out using a grant + under this section shall not exceed 75 percent of the total cost of + the activity. + ``(2) Public target range construction or expansion.--The + Federal share of the cost of acquiring land for, expanding, or + constructing a public target range in a State on Federal or non- + Federal land pursuant to this section or section 8(b) shall not + exceed 90 percent of the cost of the activity.''; and + (3) in subsection (c)(1)-- + (A) by striking ``Amounts made'' and inserting the + following: + ``(A) In general.--Except as provided in subparagraph (B), + amounts made''; and + (B) by adding at the end the following: + ``(B) Exception.--Amounts provided for acquiring land for, + constructing, or expanding a public target range shall remain + available for expenditure and obligation during the 5-fiscal- + year period beginning on October 1 of the first fiscal year for + which the amounts are made available.''. SEC. 5. SENSE OF CONGRESS REGARDING COOPERATION. - It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local @@ -157,10 +144,7 @@ activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. - Passed the House of Representatives April 29, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From b1e3114522270688c880c7e60e5b5e0bffcffc35 Mon Sep 17 00:00:00 2001 From: "Rep. Young, Don [R-AK-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 124/984] House-1240: Introduced to House --- bills_text/House-1240.txt | 201 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 201 insertions(+) create mode 100644 bills_text/House-1240.txt diff --git a/bills_text/House-1240.txt b/bills_text/House-1240.txt new file mode 100644 index 0000000..7c1089c --- /dev/null +++ b/bills_text/House-1240.txt @@ -0,0 +1,201 @@ +116th CONGRESS + 1st Session + H. R. 1240 + + To preserve United States fishing heritage through a national program + dedicated to training and assisting the next generation of commercial + fishermen. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 14, 2019 + + Mr. Young (for himself, Mrs. Radewagen, Mr. Moulton, Mr. Golden, and + Ms. Pingree) introduced the following bill; which was referred to the + Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To preserve United States fishing heritage through a national program + dedicated to training and assisting the next generation of commercial + fishermen. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Young Fishermen's Development Act of +2019''. + +SEC. 2. FINDINGS; PURPOSES. + + (a) Findings.--Congress finds that-- + (1) the average age of commercial fishermen continues to + increase due to fewer new entrants replacing retiring + fishermen; + (2) there are fewer young or beginning fishermen entering + the commercial fisheries for many reasons, including the lack + of training, fewer entry level opportunities, lack of capital, + and other barriers to entry; + (3) without well-trained young or beginning fishermen to + replace those retiring, fishing businesses and vessels will be + lost and fishing communities will suffer; + (4) for food security and economic reasons, it is in the + United States national interest to sustainably harvest United + States fishery resources; + (5) United States farmers and ranchers faced similar + difficulties and Congress responded by enacting the Beginning + Farmers and Ranchers Development Program administered by the + Department of Agriculture; + (6) the Young Fishermen's Development Grant Program + established by this Act is modeled after the successful + Department of Agriculture program; and + (7) the training, education, and outreach provided for in + the Young Fishermen's Development Grant Program established by + this Act will ensure there is a next generation of commercial + fishermen and businesses to harvest the United States rich + fishery resources and support our coastal communities. + (b) Purposes.--The purposes of this Act are-- + (1) to establish a national grant program to support the + training and education of the United States next generation of + commercial fishermen; and + (2) to engage partnerships and collaborations led by or + including nongovernmental, community-based fishing + organizations, and school-based fisheries, including Sea Grant + Institutions, or marine educational organizations with + expertise in new fisheries training and outreach, to provide + the education and training. + +SEC. 3. DEFINITIONS. + + In this Act-- + (1) the term ``young fishermen'' means an individual who-- + (A)(i) desires to participate in the commercial + fisheries of the United States, including the Great + Lakes fisheries; + (ii) has worked as a captain, crew member, + deckhand, or other at-sea position on a commercial + fishing vessel for not more than 10 years of cumulative + service; + (iii) is a beginning commercial fisherman; or + (iv) meets such other criteria as the Secretary of + Commerce may establish; and + (B) is less than 35 years of age; and + (2) the term ``Sea Grant Institution'' means a sea grant + college or sea grant institute, as those terms are defined in + section 203 of the National Sea Grant College Program Act (33 + U.S.C. 1122). + +SEC. 4. ESTABLISHMENT OF PROGRAM. + + The Secretary of Commerce, acting through the National Sea Grant +Office, shall establish a Young Fishermen's Development Grant Program +to provide training, education, outreach, and technical assistance +initiatives for young fishermen. + +SEC. 5. GRANTS. + + (a) In General.--In carrying out this Act, the Secretary shall make +competitive grants to support new and established local and regional +training, education, outreach, and technical assistance initiatives for +young fishermen, including programs, workshops, and services relating +to-- + (1) seamanship, navigation, electronics, and safety; + (2) vessel and engine care, maintenance, and repair; + (3) innovative conservation fishing gear engineering and + technology; + (4) sustainable fishing practices; + (5) entrepreneurship and good business practices; + (6) direct marketing, supply chain, and traceability; + (7) financial and risk management, including vessel, + permit, and quota purchasing; + (8) State and Federal legal requirements for specific + fisheries, including reporting, monitoring, licenses, and + regulations; + (9) State and Federal fisheries policy and management; + (10) mentoring, apprenticeships, or internships; and + (11) any other activities, opportunities, or programs as + determined appropriate by the Secretary. + (b) Eligibility.-- + (1) Applicants.--To be eligible to receive a grant under + this Act, the recipient must be a collaborative State, Tribal, + local, or regionally based network or partnership of public or + private entities, which may include-- + (A) a Sea Grant Institution; + (B) a Federal, State, or Tribal agency; + (C) a community-based or nongovernmental + organization; + (D) fishermen's cooperatives or associations, + including permit banks and trusts; + (E) Alaska Native corporations; + (F) a college or university (including an + institution awarding an associate's degree), or a + foundation maintained by a college or university; or + (G) any other appropriate entity as determined by + the Secretary. + (2) Participants.--All young fishermen seeking to + participate in the commercial fisheries of the United States + and the Great Lakes are eligible to participate in the + activities funded through grants provided for in this section, + except that participants in such activities shall be selected + by each grant recipient. + (c) Maximum Term and Amount of Grant.-- + (1) In general.--A grant under this section shall-- + (A) have a term of no more than 3 fiscal years; and + (B) be in an amount that is not more than $200,000 + for each fiscal year. + (2) Consecutive grants.--An eligible recipient may receive + consecutive grants under this section. + (d) Matching Requirement.--To be eligible to receive a grant under +this section, a recipient shall provide a match in the form of cash or +in-kind contributions in the amount equal to or greater than 25 percent +of the funds provided by the grant. + (e) Regional Balance.--In making grants under this section, the +Secretary shall, to the maximum extent practicable, ensure geographic +diversity. + (f) Priority.--In awarding grants under this section, the Secretary +shall give priority to partnerships and collaborations that are led by +or include nongovernmental fishing community-based organizations and +school-based fisheries educational organizations with expertise in +fisheries and sustainable fishing training and outreach. + (g) Cooperation and Evaluation Criteria.--In carrying out this +section and especially in developing criteria for evaluating grant +applications, the Secretary shall cooperate, to the maximum extent +practicable, with-- + (1) Sea Grant Institutions and extension agents of such + institutions; + (2) community-based and nongovernmental fishing + organizations; + (3) Federal and State agencies, including Regional Fishery + Management Councils established under the Magnuson-Stevens + Fishery Conservation and Management Act (16 U.S.C. 1851 et + seq.); + (4) colleges and universities with fisheries expertise and + programs; and + (5) other appropriate partners as determined by the + Secretary. + (h) Prohibition.--A grant under this section may not be used to +purchase any fishing license, permit, quota, or other harvesting right. + +SEC. 6. FUNDING. + + (a) In General.--Of the amount made available to the Secretary of +Commerce under section 311(e) of the Magnuson-Stevens Fishery +Conservation and Management Act (16 U.S.C. 1861(e)) for each of fiscal +years 2020 through 2024, the Secretary shall use $2,000,000 to carry +out section 5 of this Act. + (b) Proportional Allocation.--The amount obligated under this +section each fiscal year for activities in each fishery management +region shall be in the same proportion as the portion of the total +amount obligated under this section for that fiscal year that was +collected in that region. + \ No newline at end of file From acfb0232ea3db2da629323b6dfb061887dbfc4ec Mon Sep 17 00:00:00 2001 From: "Rep. Young, Don [R-AK-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 125/984] House-1240: Engrossed in House --- bills_text/House-1240.txt | 224 +++++++++++++++----------------------- 1 file changed, 88 insertions(+), 136 deletions(-) diff --git a/bills_text/House-1240.txt b/bills_text/House-1240.txt index 7c1089c..3391098 100644 --- a/bills_text/House-1240.txt +++ b/bills_text/House-1240.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 1240 - To preserve United States fishing heritage through a national program - dedicated to training and assisting the next generation of commercial - fishermen. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 14, 2019 - - Mr. Young (for himself, Mrs. Radewagen, Mr. Moulton, Mr. Golden, and - Ms. Pingree) introduced the following bill; which was referred to the - Committee on Natural Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -33,82 +17,44 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``Young Fishermen's Development Act of -2019''. - -SEC. 2. FINDINGS; PURPOSES. - - (a) Findings.--Congress finds that-- - (1) the average age of commercial fishermen continues to - increase due to fewer new entrants replacing retiring - fishermen; - (2) there are fewer young or beginning fishermen entering - the commercial fisheries for many reasons, including the lack - of training, fewer entry level opportunities, lack of capital, - and other barriers to entry; - (3) without well-trained young or beginning fishermen to - replace those retiring, fishing businesses and vessels will be - lost and fishing communities will suffer; - (4) for food security and economic reasons, it is in the - United States national interest to sustainably harvest United - States fishery resources; - (5) United States farmers and ranchers faced similar - difficulties and Congress responded by enacting the Beginning - Farmers and Ranchers Development Program administered by the - Department of Agriculture; - (6) the Young Fishermen's Development Grant Program - established by this Act is modeled after the successful - Department of Agriculture program; and - (7) the training, education, and outreach provided for in - the Young Fishermen's Development Grant Program established by - this Act will ensure there is a next generation of commercial - fishermen and businesses to harvest the United States rich - fishery resources and support our coastal communities. - (b) Purposes.--The purposes of this Act are-- - (1) to establish a national grant program to support the - training and education of the United States next generation of - commercial fishermen; and - (2) to engage partnerships and collaborations led by or - including nongovernmental, community-based fishing - organizations, and school-based fisheries, including Sea Grant - Institutions, or marine educational organizations with - expertise in new fisheries training and outreach, to provide - the education and training. - -SEC. 3. DEFINITIONS. - - In this Act-- - (1) the term ``young fishermen'' means an individual who-- - (A)(i) desires to participate in the commercial + This Act may be cited as the ``Young Fishermen's Development Act''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Sea grant institution.--The term ``Sea Grant + Institution'' means a sea grant college or sea grant institute, + as those terms are defined in section 203 of the National Sea + Grant College Program Act (33 U.S.C. 1122). + (2) Tribal organization.--The term ``Tribal organization'' + has the meaning given the term ``tribal organization'' in + section 4 of the Indian Self-Determination and Education + Assistance Act (25 U.S.C. 5304). + (3) Young fisherman.--The term ``young fisherman'' means an + individual who-- + (A) desires to participate in the commercial fisheries of the United States, including the Great Lakes fisheries; - (ii) has worked as a captain, crew member, - deckhand, or other at-sea position on a commercial - fishing vessel for not more than 10 years of cumulative - service; - (iii) is a beginning commercial fisherman; or - (iv) meets such other criteria as the Secretary of - Commerce may establish; and - (B) is less than 35 years of age; and - (2) the term ``Sea Grant Institution'' means a sea grant - college or sea grant institute, as those terms are defined in - section 203 of the National Sea Grant College Program Act (33 - U.S.C. 1122). - -SEC. 4. ESTABLISHMENT OF PROGRAM. + (B) has worked as a captain, crew member, or + deckhand on a commercial fishing vessel for not more + than 10 years of cumulative service; or + (C) is a beginning commercial fisherman. - The Secretary of Commerce, acting through the National Sea Grant -Office, shall establish a Young Fishermen's Development Grant Program -to provide training, education, outreach, and technical assistance -initiatives for young fishermen. - -SEC. 5. GRANTS. +SEC. 3. ESTABLISHMENT OF PROGRAM. - (a) In General.--In carrying out this Act, the Secretary shall make -competitive grants to support new and established local and regional -training, education, outreach, and technical assistance initiatives for -young fishermen, including programs, workshops, and services relating -to-- + The Secretary of Commerce, acting through the National Sea Grant +Office, shall establish a program to provide training, education, +outreach, and technical assistance initiatives for young fishermen, to +be known as the ``Young Fishermen's Development Grant Program'' +(referred to in this section as the ``Program''). + +SEC. 4. GRANTS. + + (a) In General.--In carrying out the Program, the Secretary shall +make competitive grants to support new and established local and +regional training, education, outreach, and technical assistance +initiatives for young fishermen, including programs, workshops, and +services relating to-- (1) seamanship, navigation, electronics, and safety; (2) vessel and engine care, maintenance, and repair; (3) innovative conservation fishing gear engineering and @@ -123,25 +69,24 @@ to-- regulations; (9) State and Federal fisheries policy and management; (10) mentoring, apprenticeships, or internships; and - (11) any other activities, opportunities, or programs as - determined appropriate by the Secretary. + (11) any other activities, opportunities, or programs, as + the Secretary determines appropriate. (b) Eligibility.-- (1) Applicants.--To be eligible to receive a grant under - this Act, the recipient must be a collaborative State, Tribal, - local, or regionally based network or partnership of public or - private entities, which may include-- + the Program, a recipient shall be a collaborative State, + Tribal, local, or regionally based network or partnership of + public or private entities, which may include-- (A) a Sea Grant Institution; - (B) a Federal, State, or Tribal agency; - (C) a community-based or nongovernmental + (B) a Federal or State agency or a Tribal organization; - (D) fishermen's cooperatives or associations, - including permit banks and trusts; - (E) Alaska Native corporations; - (F) a college or university (including an - institution awarding an associate's degree), or a - foundation maintained by a college or university; or - (G) any other appropriate entity as determined by - the Secretary. + (C) a community-based nongovernmental organization; + (D) fishermen's cooperatives or associations; + (E) an institution of higher education (including + an institution awarding an associate's degree), or a + foundation maintained by an institution of higher + education; or + (F) any other appropriate entity, as the Secretary + determines appropriate. (2) Participants.--All young fishermen seeking to participate in the commercial fisheries of the United States and the Great Lakes are eligible to participate in the @@ -157,45 +102,52 @@ to-- consecutive grants under this section. (d) Matching Requirement.--To be eligible to receive a grant under this section, a recipient shall provide a match in the form of cash or -in-kind contributions in the amount equal to or greater than 25 percent -of the funds provided by the grant. +in-kind contributions from the recipient in the amount equal to or +greater than 25 percent of the funds provided by the grant. (e) Regional Balance.--In making grants under this section, the Secretary shall, to the maximum extent practicable, ensure geographic diversity. - (f) Priority.--In awarding grants under this section, the Secretary -shall give priority to partnerships and collaborations that are led by -or include nongovernmental fishing community-based organizations and -school-based fisheries educational organizations with expertise in -fisheries and sustainable fishing training and outreach. - (g) Cooperation and Evaluation Criteria.--In carrying out this -section and especially in developing criteria for evaluating grant -applications, the Secretary shall cooperate, to the maximum extent -practicable, with-- + (f) Cooperation and Evaluation Criteria.--In carrying out this +section and in developing criteria for evaluating grant applications, +the Secretary shall consult, to the maximum extent practicable, with-- (1) Sea Grant Institutions and extension agents of such institutions; - (2) community-based and nongovernmental fishing - organizations; + (2) community-based nongovernmental fishing organizations; (3) Federal and State agencies, including Regional Fishery Management Councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.); - (4) colleges and universities with fisheries expertise and - programs; and - (5) other appropriate partners as determined by the - Secretary. - (h) Prohibition.--A grant under this section may not be used to + (4) institutions of higher education with fisheries + expertise and programs; and + (5) partners, as the Secretary determines. + (g) Prohibition.--A grant under this section may not be used to purchase any fishing license, permit, quota, or other harvesting right. -SEC. 6. FUNDING. - - (a) In General.--Of the amount made available to the Secretary of -Commerce under section 311(e) of the Magnuson-Stevens Fishery -Conservation and Management Act (16 U.S.C. 1861(e)) for each of fiscal -years 2020 through 2024, the Secretary shall use $2,000,000 to carry -out section 5 of this Act. - (b) Proportional Allocation.--The amount obligated under this -section each fiscal year for activities in each fishery management -region shall be in the same proportion as the portion of the total -amount obligated under this section for that fiscal year that was -collected in that region. - \ No newline at end of file +SEC. 5. FUNDING. + + (a) Authorizations.--There are authorized to be appropriated to +carry out this Act $2,000,000 for each of fiscal years 2022 through +2026. + (b) Derivation.--Funds to carry out the activities under this Act +shall be derived from amounts authorized to be appropriated pursuant to +the preceding subsection that are enacted after the date of the +enactment of this Act. + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 1240 + +_______________________________________________________________________ + + AN ACT + + To preserve United States fishing heritage through a national program + dedicated to training and assisting the next generation of commercial + fishermen. From 27eefe96c8d3465aaddcf872567f7d1eb86e6d00 Mon Sep 17 00:00:00 2001 From: "Rep. Young, Don [R-AK-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 126/984] House-1240: Received in Senate --- bills_text/House-1240.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-1240.txt b/bills_text/House-1240.txt index 3391098..1118e52 100644 --- a/bills_text/House-1240.txt +++ b/bills_text/House-1240.txt @@ -2,6 +2,16 @@ 2d Session H. R. 1240 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 11, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -137,17 +147,6 @@ enactment of this Act. Attest: - Clerk. -116th CONGRESS - - 2d Session - - H. R. 1240 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To preserve United States fishing heritage through a national program - dedicated to training and assisting the next generation of commercial - fishermen. + Clerk. From 60ccc4d8ba17280e164722b8b98a3e293155ad66 Mon Sep 17 00:00:00 2001 From: "Rep. Young, Don [R-AK-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 127/984] House-1240: Enrolled --- bills_text/House-1240.txt | 171 +++++++++++++++++--------------------- 1 file changed, 76 insertions(+), 95 deletions(-) diff --git a/bills_text/House-1240.txt b/bills_text/House-1240.txt index 1118e52..6bc97a1 100644 --- a/bills_text/House-1240.txt +++ b/bills_text/House-1240.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 2d Session - H. R. 1240 + H.R.1240 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 11, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act @@ -24,92 +23,80 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Young Fishermen's Development Act''. - SEC. 2. DEFINITIONS. - In this Act: - (1) Sea grant institution.--The term ``Sea Grant - Institution'' means a sea grant college or sea grant institute, - as those terms are defined in section 203 of the National Sea - Grant College Program Act (33 U.S.C. 1122). - (2) Tribal organization.--The term ``Tribal organization'' - has the meaning given the term ``tribal organization'' in - section 4 of the Indian Self-Determination and Education - Assistance Act (25 U.S.C. 5304). - (3) Young fisherman.--The term ``young fisherman'' means an - individual who-- - (A) desires to participate in the commercial - fisheries of the United States, including the Great - Lakes fisheries; - (B) has worked as a captain, crew member, or - deckhand on a commercial fishing vessel for not more - than 10 years of cumulative service; or - (C) is a beginning commercial fisherman. - + (1) Sea grant institution.--The term ``Sea Grant Institution'' + means a sea grant college or sea grant institute, as those terms + are defined in section 203 of the National Sea Grant College + Program Act (33 U.S.C. 1122). + (2) Tribal organization.--The term ``Tribal organization'' has + the meaning given the term ``tribal organization'' in section 4 of + the Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304). + (3) Young fisherman.--The term ``young fisherman'' means an + individual who-- + (A) desires to participate in the commercial fisheries of + the United States, including the Great Lakes fisheries; + (B) has worked as a captain, crew member, or deckhand on a + commercial fishing vessel for not more than 10 years of + cumulative service; or + (C) is a beginning commercial fisherman. SEC. 3. ESTABLISHMENT OF PROGRAM. - The Secretary of Commerce, acting through the National Sea Grant Office, shall establish a program to provide training, education, outreach, and technical assistance initiatives for young fishermen, to be known as the ``Young Fishermen's Development Grant Program'' (referred to in this section as the ``Program''). - SEC. 4. GRANTS. - (a) In General.--In carrying out the Program, the Secretary shall make competitive grants to support new and established local and regional training, education, outreach, and technical assistance initiatives for young fishermen, including programs, workshops, and services relating to-- - (1) seamanship, navigation, electronics, and safety; - (2) vessel and engine care, maintenance, and repair; - (3) innovative conservation fishing gear engineering and - technology; - (4) sustainable fishing practices; - (5) entrepreneurship and good business practices; - (6) direct marketing, supply chain, and traceability; - (7) financial and risk management, including vessel, - permit, and quota purchasing; - (8) State and Federal legal requirements for specific - fisheries, including reporting, monitoring, licenses, and - regulations; - (9) State and Federal fisheries policy and management; - (10) mentoring, apprenticeships, or internships; and - (11) any other activities, opportunities, or programs, as - the Secretary determines appropriate. + (1) seamanship, navigation, electronics, and safety; + (2) vessel and engine care, maintenance, and repair; + (3) innovative conservation fishing gear engineering and + technology; + (4) sustainable fishing practices; + (5) entrepreneurship and good business practices; + (6) direct marketing, supply chain, and traceability; + (7) financial and risk management, including vessel, permit, + and quota purchasing; + (8) State and Federal legal requirements for specific + fisheries, including reporting, monitoring, licenses, and + regulations; + (9) State and Federal fisheries policy and management; + (10) mentoring, apprenticeships, or internships; and + (11) any other activities, opportunities, or programs, as the + Secretary determines appropriate. (b) Eligibility.-- - (1) Applicants.--To be eligible to receive a grant under - the Program, a recipient shall be a collaborative State, - Tribal, local, or regionally based network or partnership of - public or private entities, which may include-- - (A) a Sea Grant Institution; - (B) a Federal or State agency or a Tribal - organization; - (C) a community-based nongovernmental organization; - (D) fishermen's cooperatives or associations; - (E) an institution of higher education (including - an institution awarding an associate's degree), or a - foundation maintained by an institution of higher - education; or - (F) any other appropriate entity, as the Secretary - determines appropriate. - (2) Participants.--All young fishermen seeking to - participate in the commercial fisheries of the United States - and the Great Lakes are eligible to participate in the - activities funded through grants provided for in this section, - except that participants in such activities shall be selected - by each grant recipient. + (1) Applicants.--To be eligible to receive a grant under the + Program, a recipient shall be a collaborative State, Tribal, local, + or regionally based network or partnership of public or private + entities, which may include-- + (A) a Sea Grant Institution; + (B) a Federal or State agency or a Tribal organization; + (C) a community-based nongovernmental organization; + (D) fishermen's cooperatives or associations; + (E) an institution of higher education (including an + institution awarding an associate's degree), or a foundation + maintained by an institution of higher education; or + (F) any other appropriate entity, as the Secretary + determines appropriate. + (2) Participants.--All young fishermen seeking to participate + in the commercial fisheries of the United States and the Great + Lakes are eligible to participate in the activities funded through + grants provided for in this section, except that participants in + such activities shall be selected by each grant recipient. (c) Maximum Term and Amount of Grant.-- - (1) In general.--A grant under this section shall-- - (A) have a term of no more than 3 fiscal years; and - (B) be in an amount that is not more than $200,000 - for each fiscal year. - (2) Consecutive grants.--An eligible recipient may receive - consecutive grants under this section. + (1) In general.--A grant under this section shall-- + (A) have a term of no more than 3 fiscal years; and + (B) be in an amount that is not more than $200,000 for each + fiscal year. + (2) Consecutive grants.--An eligible recipient may receive + consecutive grants under this section. (d) Matching Requirement.--To be eligible to receive a grant under this section, a recipient shall provide a match in the form of cash or in-kind contributions from the recipient in the amount equal to or @@ -120,21 +107,18 @@ diversity. (f) Cooperation and Evaluation Criteria.--In carrying out this section and in developing criteria for evaluating grant applications, the Secretary shall consult, to the maximum extent practicable, with-- - (1) Sea Grant Institutions and extension agents of such - institutions; - (2) community-based nongovernmental fishing organizations; - (3) Federal and State agencies, including Regional Fishery - Management Councils established under the Magnuson-Stevens - Fishery Conservation and Management Act (16 U.S.C. 1851 et - seq.); - (4) institutions of higher education with fisheries - expertise and programs; and - (5) partners, as the Secretary determines. + (1) Sea Grant Institutions and extension agents of such + institutions; + (2) community-based nongovernmental fishing organizations; + (3) Federal and State agencies, including Regional Fishery + Management Councils established under the Magnuson-Stevens Fishery + Conservation and Management Act (16 U.S.C. 1851 et seq.); + (4) institutions of higher education with fisheries expertise + and programs; and + (5) partners, as the Secretary determines. (g) Prohibition.--A grant under this section may not be used to purchase any fishing license, permit, quota, or other harvesting right. - SEC. 5. FUNDING. - (a) Authorizations.--There are authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2022 through 2026. @@ -143,10 +127,7 @@ shall be derived from amounts authorized to be appropriated pursuant to the preceding subsection that are enacted after the date of the enactment of this Act. - Passed the House of Representatives December 10, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 57bc50ec7d03afec5b13e34d1602967d150e27b3 Mon Sep 17 00:00:00 2001 From: "Rep. Babin, Brian [R-TX-36]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 128/984] House-1250: Introduced to House --- bills_text/House-1250.txt | 49 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 49 insertions(+) create mode 100644 bills_text/House-1250.txt diff --git a/bills_text/House-1250.txt b/bills_text/House-1250.txt new file mode 100644 index 0000000..1873b92 --- /dev/null +++ b/bills_text/House-1250.txt @@ -0,0 +1,49 @@ +116th CONGRESS + 1st Session + H. R. 1250 + + To designate the facility of the United States Postal Service located + at 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe Post + Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 14, 2019 + + Mr. Babin (for himself, Mr. Gohmert, Mr. Crenshaw, Mr. Taylor, Mr. +Ratcliffe, Mr. Gooden, Mr. Wright, Mr. Green of Texas, Mr. McCaul, Mr. +Conaway, Ms. Granger, Mr. Thornberry, Mr. Weber of Texas, Mr. Gonzalez +of Texas, Mr. Flores, Mr. Arrington, Mr. Castro of Texas, Mr. Roy, Mr. +Olson, Mr. Hurd of Texas, Mr. Marchant, Mr. Williams, Mr. Burgess, Mr. + Cloud, Mr. Cuellar, Ms. Johnson of Texas, Mr. Carter of Texas, Mr. + Allred, Mr. Veasey, Mr. Vela, Mr. Doggett, Mrs. Fletcher, Mr. Brady, + Ms. Jackson Lee, and Ms. Garcia of Texas) introduced the following + bill; which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe Post + Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. LUCAS LOWE POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 11158 Highway 146 North in Hardin, Texas, shall be known and +designated as the ``Lucas Lowe Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Lucas Lowe +Post Office''. + \ No newline at end of file From 8738f7bb3f11989d060ca50573a86147817a9551 Mon Sep 17 00:00:00 2001 From: "Rep. Babin, Brian [R-TX-36]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 129/984] House-1250: Engrossed in House --- bills_text/House-1250.txt | 54 ++++++++++++++++++--------------------- 1 file changed, 25 insertions(+), 29 deletions(-) diff --git a/bills_text/House-1250.txt b/bills_text/House-1250.txt index 1873b92..fabe457 100644 --- a/bills_text/House-1250.txt +++ b/bills_text/House-1250.txt @@ -2,48 +2,44 @@ 1st Session H. R. 1250 - To designate the facility of the United States Postal Service located - at 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe Post - Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 14, 2019 - - Mr. Babin (for himself, Mr. Gohmert, Mr. Crenshaw, Mr. Taylor, Mr. -Ratcliffe, Mr. Gooden, Mr. Wright, Mr. Green of Texas, Mr. McCaul, Mr. -Conaway, Ms. Granger, Mr. Thornberry, Mr. Weber of Texas, Mr. Gonzalez -of Texas, Mr. Flores, Mr. Arrington, Mr. Castro of Texas, Mr. Roy, Mr. -Olson, Mr. Hurd of Texas, Mr. Marchant, Mr. Williams, Mr. Burgess, Mr. - Cloud, Mr. Cuellar, Ms. Johnson of Texas, Mr. Carter of Texas, Mr. - Allred, Mr. Veasey, Mr. Vela, Mr. Doggett, Mrs. Fletcher, Mr. Brady, - Ms. Jackson Lee, and Ms. Garcia of Texas) introduced the following - bill; which was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT To designate the facility of the United States Postal Service located - at 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe Post - Office''. + at 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe + Memorial Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, -SECTION 1. LUCAS LOWE POST OFFICE. +SECTION 1. LUCAS LOWE MEMORIAL POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 11158 Highway 146 North in Hardin, Texas, shall be known and -designated as the ``Lucas Lowe Post Office''. +designated as the ``Lucas Lowe Memorial Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lucas Lowe -Post Office''. - \ No newline at end of file +Memorial Post Office''. + + Passed the House of Representatives July 17, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1250 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe + Memorial Post Office''. From e46dd6e3540b578e6fbc7539abfa247aa445f225 Mon Sep 17 00:00:00 2001 From: "Rep. Babin, Brian [R-TX-36]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 130/984] House-1250: Enrolled --- bills_text/House-1250.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-1250.txt b/bills_text/House-1250.txt index fabe457..7512cc0 100644 --- a/bills_text/House-1250.txt +++ b/bills_text/House-1250.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 1250 + H.R.1250 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe - Memorial Post Office''. +To designate the facility of the United States Postal Service located at + 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe Memorial + Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. LUCAS LOWE MEMORIAL POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 11158 Highway 146 North in Hardin, Texas, shall be known and designated as the ``Lucas Lowe Memorial Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lucas Lowe Memorial Post Office''. - Passed the House of Representatives July 17, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1250 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe - Memorial Post Office''. + Vice President of the United States and + President of the Senate. From eebc936ab8253eec7ac29bf79a1e0b43460b9466 Mon Sep 17 00:00:00 2001 From: "Rep. Cardenas, Tony [D-CA-29]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 131/984] House-1252: Introduced to House --- bills_text/House-1252.txt | 53 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 53 insertions(+) create mode 100644 bills_text/House-1252.txt diff --git a/bills_text/House-1252.txt b/bills_text/House-1252.txt new file mode 100644 index 0000000..7f2b3f8 --- /dev/null +++ b/bills_text/House-1252.txt @@ -0,0 +1,53 @@ +116th CONGRESS + 1st Session + H. R. 1252 + + To designate the facility of the United States Postal Service located + at 6531 Van Nuys Boulevard in Van Nuys, California, as the ``Marilyn + Monroe Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 14, 2019 + +Mr. Cardenas (for himself, Mr. LaMalfa, Mr. Thompson of California, Mr. +DeSaulnier, Mr. Swalwell of California, Ms. Brownley of California, Mr. + Schiff, Mr. Sherman, Mr. Aguilar, Mrs. Napolitano, Ms. Roybal-Allard, + Mr. Takano, Mr. Calvert, Mr. Correa, Mr. Peters, Ms. Barragan, Mr. + Hunter, Ms. Judy Chu of California, Mr. Carbajal, Mr. Cisneros, Mr. + Lowenthal, Mr. Garamendi, Ms. Lofgren, Mr. Khanna, Mr. Rouda, Mr. + Vargas, Mr. Huffman, Mr. Bera, Mr. Cook, Ms. Hill of California, Mr. + Levin of California, Mrs. Davis of California, Ms. Waters, Ms. Bass, + Mr. McNerney, Mr. Costa, Mrs. Torres of California, Mr. Gomez, Ms. +Eshoo, Mr. Panetta, Mr. Cox of California, Mr. Ted Lieu of California, + Ms. Sanchez, Ms. Matsui, Ms. Lee of California, Ms. Speier, and Mr. + Ruiz) introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 6531 Van Nuys Boulevard in Van Nuys, California, as the ``Marilyn + Monroe Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. MARILYN MONROE POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 6531 Van Nuys Boulevard in Van Nuys, California, shall be +known and designated as the ``Marilyn Monroe Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Marilyn +Monroe Post Office''. + \ No newline at end of file From 251a21c19887298eaea7b541a00f8fb44eb730f8 Mon Sep 17 00:00:00 2001 From: "Rep. Cardenas, Tony [D-CA-29]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 132/984] House-1252: Engrossed in House --- bills_text/House-1252.txt | 48 ++++++++++++++++----------------------- 1 file changed, 20 insertions(+), 28 deletions(-) diff --git a/bills_text/House-1252.txt b/bills_text/House-1252.txt index 7f2b3f8..fb8e67c 100644 --- a/bills_text/House-1252.txt +++ b/bills_text/House-1252.txt @@ -2,35 +2,9 @@ 1st Session H. R. 1252 - To designate the facility of the United States Postal Service located - at 6531 Van Nuys Boulevard in Van Nuys, California, as the ``Marilyn - Monroe Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 14, 2019 - -Mr. Cardenas (for himself, Mr. LaMalfa, Mr. Thompson of California, Mr. -DeSaulnier, Mr. Swalwell of California, Ms. Brownley of California, Mr. - Schiff, Mr. Sherman, Mr. Aguilar, Mrs. Napolitano, Ms. Roybal-Allard, - Mr. Takano, Mr. Calvert, Mr. Correa, Mr. Peters, Ms. Barragan, Mr. - Hunter, Ms. Judy Chu of California, Mr. Carbajal, Mr. Cisneros, Mr. - Lowenthal, Mr. Garamendi, Ms. Lofgren, Mr. Khanna, Mr. Rouda, Mr. - Vargas, Mr. Huffman, Mr. Bera, Mr. Cook, Ms. Hill of California, Mr. - Levin of California, Mrs. Davis of California, Ms. Waters, Ms. Bass, - Mr. McNerney, Mr. Costa, Mrs. Torres of California, Mr. Gomez, Ms. -Eshoo, Mr. Panetta, Mr. Cox of California, Mr. Ted Lieu of California, - Ms. Sanchez, Ms. Matsui, Ms. Lee of California, Ms. Speier, and Mr. - Ruiz) introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -50,4 +24,22 @@ known and designated as the ``Marilyn Monroe Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Marilyn Monroe Post Office''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1252 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 6531 Van Nuys Boulevard in Van Nuys, California, as the ``Marilyn + Monroe Post Office''. From 7c928339b7e2914bee1284ca78120b3f272d5474 Mon Sep 17 00:00:00 2001 From: "Rep. Cardenas, Tony [D-CA-29]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 133/984] House-1252: Enrolled --- bills_text/House-1252.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-1252.txt b/bills_text/House-1252.txt index fb8e67c..58e710f 100644 --- a/bills_text/House-1252.txt +++ b/bills_text/House-1252.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 1252 + H.R.1252 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 6531 Van Nuys Boulevard in Van Nuys, California, as the ``Marilyn - Monroe Post Office''. +To designate the facility of the United States Postal Service located at +6531 Van Nuys Boulevard in Van Nuys, California, as the ``Marilyn Monroe + Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. MARILYN MONROE POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 6531 Van Nuys Boulevard in Van Nuys, California, shall be known and designated as the ``Marilyn Monroe Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Marilyn Monroe Post Office''. - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1252 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 6531 Van Nuys Boulevard in Van Nuys, California, as the ``Marilyn - Monroe Post Office''. + Vice President of the United States and + President of the Senate. From 9f52e32a0e4c64df97eac6e842c63dac6014a3b9 Mon Sep 17 00:00:00 2001 From: "Rep. Cardenas, Tony [D-CA-29]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 134/984] House-1253: Introduced to House --- bills_text/House-1253.txt | 53 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 53 insertions(+) create mode 100644 bills_text/House-1253.txt diff --git a/bills_text/House-1253.txt b/bills_text/House-1253.txt new file mode 100644 index 0000000..7d1e98c --- /dev/null +++ b/bills_text/House-1253.txt @@ -0,0 +1,53 @@ +116th CONGRESS + 1st Session + H. R. 1253 + + To designate the facility of the United States Postal Service located + at 13507 Van Nuys Boulevard in Pacoima, California, as the ``Ritchie + Valens Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 14, 2019 + +Mr. Cardenas (for himself, Mr. LaMalfa, Mr. Thompson of California, Mr. +DeSaulnier, Mr. Swalwell of California, Ms. Brownley of California, Mr. + Schiff, Mr. Sherman, Mr. Aguilar, Mrs. Napolitano, Ms. Roybal-Allard, + Mr. Takano, Mr. Calvert, Mr. Correa, Mr. Peters, Ms. Barragan, Mr. + Hunter, Ms. Judy Chu of California, Mr. Carbajal, Mr. Cisneros, Mr. + Lowenthal, Mr. Garamendi, Ms. Lofgren, Mr. Khanna, Mr. Rouda, Mr. + Vargas, Mr. Huffman, Mr. Bera, Mr. Cook, Ms. Hill of California, Mr. + Levin of California, Mrs. Davis of California, Ms. Waters, Ms. Bass, + Mr. McNerney, Mr. Costa, Mrs. Torres of California, Mr. Gomez, Ms. +Eshoo, Mr. Panetta, Mr. Cox of California, Mr. Ted Lieu of California, + Ms. Sanchez, Ms. Matsui, Ms. Lee of California, Ms. Speier, and Mr. + Ruiz) introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 13507 Van Nuys Boulevard in Pacoima, California, as the ``Ritchie + Valens Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. RITCHIE VALENS POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 13507 Van Nuys Boulevard in Pacoima, California, shall be +known and designated as the ``Ritchie Valens Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Ritchie +Valens Post Office Building''. + \ No newline at end of file From 100fb4e525c2f4377c2d3a1a0ad4a7f90eeccb0e Mon Sep 17 00:00:00 2001 From: "Rep. Cardenas, Tony [D-CA-29]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 135/984] House-1253: Engrossed in House --- bills_text/House-1253.txt | 48 ++++++++++++++++----------------------- 1 file changed, 20 insertions(+), 28 deletions(-) diff --git a/bills_text/House-1253.txt b/bills_text/House-1253.txt index 7d1e98c..3e66ae0 100644 --- a/bills_text/House-1253.txt +++ b/bills_text/House-1253.txt @@ -2,35 +2,9 @@ 1st Session H. R. 1253 - To designate the facility of the United States Postal Service located - at 13507 Van Nuys Boulevard in Pacoima, California, as the ``Ritchie - Valens Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 14, 2019 - -Mr. Cardenas (for himself, Mr. LaMalfa, Mr. Thompson of California, Mr. -DeSaulnier, Mr. Swalwell of California, Ms. Brownley of California, Mr. - Schiff, Mr. Sherman, Mr. Aguilar, Mrs. Napolitano, Ms. Roybal-Allard, - Mr. Takano, Mr. Calvert, Mr. Correa, Mr. Peters, Ms. Barragan, Mr. - Hunter, Ms. Judy Chu of California, Mr. Carbajal, Mr. Cisneros, Mr. - Lowenthal, Mr. Garamendi, Ms. Lofgren, Mr. Khanna, Mr. Rouda, Mr. - Vargas, Mr. Huffman, Mr. Bera, Mr. Cook, Ms. Hill of California, Mr. - Levin of California, Mrs. Davis of California, Ms. Waters, Ms. Bass, - Mr. McNerney, Mr. Costa, Mrs. Torres of California, Mr. Gomez, Ms. -Eshoo, Mr. Panetta, Mr. Cox of California, Mr. Ted Lieu of California, - Ms. Sanchez, Ms. Matsui, Ms. Lee of California, Ms. Speier, and Mr. - Ruiz) introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -50,4 +24,22 @@ known and designated as the ``Ritchie Valens Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ritchie Valens Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1253 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 13507 Van Nuys Boulevard in Pacoima, California, as the ``Ritchie + Valens Post Office Building''. From 8ce7f32279c09680691a6e26aecce5637455efb8 Mon Sep 17 00:00:00 2001 From: "Rep. Cardenas, Tony [D-CA-29]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 136/984] House-1253: Enrolled --- bills_text/House-1253.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-1253.txt b/bills_text/House-1253.txt index 3e66ae0..36d52f9 100644 --- a/bills_text/House-1253.txt +++ b/bills_text/House-1253.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 1253 + H.R.1253 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 13507 Van Nuys Boulevard in Pacoima, California, as the ``Ritchie - Valens Post Office Building''. +To designate the facility of the United States Postal Service located at +13507 Van Nuys Boulevard in Pacoima, California, as the ``Ritchie Valens + Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. RITCHIE VALENS POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 13507 Van Nuys Boulevard in Pacoima, California, shall be known and designated as the ``Ritchie Valens Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ritchie Valens Post Office Building''. - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1253 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 13507 Van Nuys Boulevard in Pacoima, California, as the ``Ritchie - Valens Post Office Building''. + Vice President of the United States and + President of the Senate. From a767af7278cd7364e290af4d9d2651d5da8fc326 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 137/984] House-1327: Introduced to House --- bills_text/House-1327.txt | 184 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 184 insertions(+) create mode 100644 bills_text/House-1327.txt diff --git a/bills_text/House-1327.txt b/bills_text/House-1327.txt new file mode 100644 index 0000000..3572da5 --- /dev/null +++ b/bills_text/House-1327.txt @@ -0,0 +1,184 @@ +116th CONGRESS + 1st Session + H. R. 1327 + +To extend authorization for the September 11th Victim Compensation Fund + of 2001 through fiscal year 2090, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 25, 2019 + +Mrs. Carolyn B. Maloney of New York (for herself, Mr. Nadler, Mr. King + of New York, Mr. Rose of New York, Mr. Morelle, Ms. Scanlon, Mr. + Fitzpatrick, Miss Rice of New York, Mr. Brendan F. Boyle of + Pennsylvania, Mr. Engel, Mr. Espaillat, Mr. Higgins of New York, Mr. + Serrano, Ms. Clarke of New York, Ms. Wilson of Florida, Ms. DeLauro, + Mr. Payne, Mr. Zeldin, Mrs. Dingell, Ms. DelBene, Ms. Judy Chu of +California, Mr. Ruppersberger, Ms. Kelly of Illinois, Mr. Cummings, Mr. +Garamendi, Miss Gonzalez-Colon of Puerto Rico, Mr. Katko, Mr. Aguilar, + Mr. Himes, Mr. McGovern, Ms. Norton, Ms. Eshoo, Mr. Meeks, Mr. +Cisneros, Mrs. Watson Coleman, Mr. Collins of New York, Mrs. Luria, Ms. +Blunt Rochester, Mr. Pascrell, Mrs. Demings, Ms. Jackson Lee, Mr. Sean + Patrick Maloney of New York, Mr. Suozzi, Mr. Grijalva, Mr. Sires, Ms. + Meng, Ms. Velazquez, Mr. Tonko, Mr. Delgado, Ms. Ocasio-Cortez, Mrs. + Lowey, Mr. Pallone, Ms. Stefanik, Mr. Brindisi, Mr. Courtney, Mr. +Michael F. Doyle of Pennsylvania, Mr. Jeffries, Mr. Cook, Ms. Sherrill, + Ms. Roybal-Allard, Mr. Smith of New Jersey, Mr. Lowenthal, Ms. Wild, + Mr. Norcross, Mr. Gottheimer, Mr. Kim, Ms. Schakowsky, Mr. Clay, Mrs. +Hayes, Mr. Takano, Mr. Larson of Connecticut, Mr. Carbajal, Mr. Young, +Mr. Malinowski, Mr. Van Drew, Mr. Reed, Ms. Matsui, Mr. Austin Scott of +Georgia, Mrs. Napolitano, Mr. Khanna, Mr. Lynch, Mrs. Kirkpatrick, Mr. + Costa, Ms. Dean, Mr. Neguse, Mr. Brown of Maryland, Mr. Hastings, Mr. + Beyer, Ms. Spanberger, Ms. Shalala, Mr. Cole, Mr. Hurd of Texas, and + Mr. McHenry) introduced the following bill; which was referred to the + Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To extend authorization for the September 11th Victim Compensation Fund + of 2001 through fiscal year 2090, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Never Forget the Heroes: Permanent +Authorization of the September 11th Victim Compensation Fund Act''. + +SEC. 2. SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001. + + (a) Authorization and Funding.--Section 410 of the Air +Transportation Safety and System Stabilization Act (49 U.S.C. 40101 +note) is amended-- + (1) in subsection (c), by striking ``$4,600,000,000'' and + all that follows through ``expended'' and inserting ``such sums + as may be necessary for fiscal year 2019 and each fiscal year + thereafter through fiscal year 2090, to remain available + through such fiscal year''; and + (2) in subsection (e), by striking ``Upon completion of all + payments under this title'' and inserting ``On October 1, + 2090''. + (b) Extending Filing Deadline.--Section 405(a)(3)(B) of the Air +Transportation Safety and System Stabilization Act (49 U.S.C. 40101 +note) is amended by striking ``the date that is 5 years after the date +of enactment of the James Zadroga 9/11 Victim Compensation Fund +Reauthorization Act'' and inserting ``October 1, 2089''. + (c) Compensation Reduced by Special Master Due to Lack of +Funding.--Section 406(d)(2) of the Air Transportation Safety and System +Stabilization Act (49 U.S.C. 40101 note) is amended-- + (1) in subparagraph (C)(ii), by striking ``each year + thereafter'' and inserting ``not less than once every 5 years + thereafter''; and + (2) by adding at the end the following: + ``(D) Compensation reduced by special master due to + insufficient funding.-- + ``(i) In general.--With respect to any + claim in Group B as described in section + 405(a)(3)(C)(iii) for which, prior to the date + of enactment of this subparagraph, the Special + Master had advised the claimant that the amount + of compensation for such claim has been reduced + on the basis of insufficient funding, the + Special Master shall, in the first fiscal year + following such date of enactment that + sufficient funding becomes available under this + title, pay to the claimant an amount that is, + as determined by the Special Master, equal to + the difference between-- + ``(I) the amount the claimant would + have been paid under this title if + sufficient funding was available to the + Special Master at the time the Special + Master determined the amount due the + claimant under this title; and + ``(II) the amount the claimant was + paid under this title. + ``(ii) Definitions.--For purposes of this + subparagraph: + ``(I) Insufficient funding.--The + term `insufficient funding' means + funding-- + ``(aa) that is available to + the Special Master under + section 410(c), as in effect on + the day before the date of + enactment of this subparagraph, + for purposes of compensating + claims in Group B as described + in section 405(a)(3)(C)(iii); + and + ``(bb) that the Special + Master determines is + insufficient for purposes of + compensating all such claims + and complying with subparagraph + (A). + ``(II) Sufficient funding.--The + term `sufficient funding' means + funding-- + ``(aa) made available to + the Special Master for purposes + of compensating claims in Group + B as described in section + 405(a)(3)(C)(iii) through an + Act of Congress that is enacted + after the date on which the + amount of the claim described + in clause (i) has been reduced; + and + ``(bb) that the Special + Master determines is sufficient + for purposes of compensating + all claims in such Group B.''. + (d) Limitations on Noneconomic Loss.--Section 405(b)(7)(A) of the +of the Air Transportation Safety and System Stabilization Act (49 +U.S.C. 40101 note) is amended-- + (1) by redesignating clauses (i) and (ii) as subclauses (I) + and (II) respectively, and adjusting the margins accordingly; + (2) by striking ``With respect to'' and inserting the + following: + ``(i) In general.--Except as provided in + clause (ii), with respect to''; and + (3) by adding at the end the following: + ``(ii) Exception.--The Special Master may + exceed the applicable limitation under clause + (i) for a claim in Group B as described in + subsection (a)(3)(C)(iii) if the Special Master + determines that the pain and suffering of the + claimant is so excessive as to render the + amount of the applicable limitation under + clause (i) insufficiently compensatory.''. + (e) Adjustment of Gross Income Limitation.--Section +405(b)(7)(B)(ii) of the Air Transportation Safety and System +Stabilization Act (40 U.S.C. 40101 note) is amended-- + (1) by striking ``In considering'' and inserting the + following: + ``(I) In general.--Subject to + subclause (II), in considering'' ; and + (2) by adding at the end the following: + ``(II) Adjustment.--The Special + Master shall adjust the amount of the + limitation under subclause (I) not more + frequently than once every 5 years to + reflect the percentage by which the + Consumer Price Index for All Urban + Consumers published by the Department + of Labor for the month of October + immediately preceding the date of + adjustment exceeds the Consumer Price + Index for All Urban Consumers published + by the Department of Labor for the + month of October that immediately + precedes the date that is 5 years + before the date of adjustment.''. + \ No newline at end of file From ad86453119ccd4b9f75a1ff92c9ff5676f033bf3 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 138/984] House-1327: Engrossed in House --- bills_text/House-1327.txt | 199 ++++++++++++++++++-------------------- 1 file changed, 96 insertions(+), 103 deletions(-) diff --git a/bills_text/House-1327.txt b/bills_text/House-1327.txt index 3572da5..eb58873 100644 --- a/bills_text/House-1327.txt +++ b/bills_text/House-1327.txt @@ -2,58 +2,23 @@ 1st Session H. R. 1327 -To extend authorization for the September 11th Victim Compensation Fund - of 2001 through fiscal year 2090, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 25, 2019 - -Mrs. Carolyn B. Maloney of New York (for herself, Mr. Nadler, Mr. King - of New York, Mr. Rose of New York, Mr. Morelle, Ms. Scanlon, Mr. - Fitzpatrick, Miss Rice of New York, Mr. Brendan F. Boyle of - Pennsylvania, Mr. Engel, Mr. Espaillat, Mr. Higgins of New York, Mr. - Serrano, Ms. Clarke of New York, Ms. Wilson of Florida, Ms. DeLauro, - Mr. Payne, Mr. Zeldin, Mrs. Dingell, Ms. DelBene, Ms. Judy Chu of -California, Mr. Ruppersberger, Ms. Kelly of Illinois, Mr. Cummings, Mr. -Garamendi, Miss Gonzalez-Colon of Puerto Rico, Mr. Katko, Mr. Aguilar, - Mr. Himes, Mr. McGovern, Ms. Norton, Ms. Eshoo, Mr. Meeks, Mr. -Cisneros, Mrs. Watson Coleman, Mr. Collins of New York, Mrs. Luria, Ms. -Blunt Rochester, Mr. Pascrell, Mrs. Demings, Ms. Jackson Lee, Mr. Sean - Patrick Maloney of New York, Mr. Suozzi, Mr. Grijalva, Mr. Sires, Ms. - Meng, Ms. Velazquez, Mr. Tonko, Mr. Delgado, Ms. Ocasio-Cortez, Mrs. - Lowey, Mr. Pallone, Ms. Stefanik, Mr. Brindisi, Mr. Courtney, Mr. -Michael F. Doyle of Pennsylvania, Mr. Jeffries, Mr. Cook, Ms. Sherrill, - Ms. Roybal-Allard, Mr. Smith of New Jersey, Mr. Lowenthal, Ms. Wild, - Mr. Norcross, Mr. Gottheimer, Mr. Kim, Ms. Schakowsky, Mr. Clay, Mrs. -Hayes, Mr. Takano, Mr. Larson of Connecticut, Mr. Carbajal, Mr. Young, -Mr. Malinowski, Mr. Van Drew, Mr. Reed, Ms. Matsui, Mr. Austin Scott of -Georgia, Mrs. Napolitano, Mr. Khanna, Mr. Lynch, Mrs. Kirkpatrick, Mr. - Costa, Ms. Dean, Mr. Neguse, Mr. Brown of Maryland, Mr. Hastings, Mr. - Beyer, Ms. Spanberger, Ms. Shalala, Mr. Cole, Mr. Hurd of Texas, and - Mr. McHenry) introduced the following bill; which was referred to the - Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT To extend authorization for the September 11th Victim Compensation Fund - of 2001 through fiscal year 2090, and for other purposes. + of 2001 through fiscal year 2092, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``Never Forget the Heroes: Permanent -Authorization of the September 11th Victim Compensation Fund Act''. + This Act may be cited as the ``Never Forget the Heroes: James +Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the +September 11th Victim Compensation Fund Act''. SEC. 2. SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001. @@ -63,38 +28,37 @@ note) is amended-- (1) in subsection (c), by striking ``$4,600,000,000'' and all that follows through ``expended'' and inserting ``such sums as may be necessary for fiscal year 2019 and each fiscal year - thereafter through fiscal year 2090, to remain available - through such fiscal year''; and + thereafter through fiscal year 2092, to remain available until + expended''; and (2) in subsection (e), by striking ``Upon completion of all - payments under this title'' and inserting ``On October 1, - 2090''. - (b) Extending Filing Deadline.--Section 405(a)(3)(B) of the Air -Transportation Safety and System Stabilization Act (49 U.S.C. 40101 -note) is amended by striking ``the date that is 5 years after the date -of enactment of the James Zadroga 9/11 Victim Compensation Fund -Reauthorization Act'' and inserting ``October 1, 2089''. + payments under this title'' and inserting ``On October 1, 2092, + or at such time thereafter as all funds are expended''. + (b) Extension of Limitation on Claim Filing.--Section 405(a)(3)(B) +of the Air Transportation Safety and System Stabilization Act (40 +U.S.C. 401010 note) is amended by striking ``the date that is 5 years +after the date of enactment of the James Zadroga 9/11 Victim +Compensation Fund Reauthorization Act'' and inserting ``October 1, +2090''. (c) Compensation Reduced by Special Master Due to Lack of Funding.--Section 406(d)(2) of the Air Transportation Safety and System -Stabilization Act (49 U.S.C. 40101 note) is amended-- - (1) in subparagraph (C)(ii), by striking ``each year - thereafter'' and inserting ``not less than once every 5 years - thereafter''; and - (2) by adding at the end the following: +Stabilization Act (49 U.S.C. 40101 note) is amended by adding at the +end the following: ``(D) Compensation reduced by special master due to insufficient funding.-- - ``(i) In general.--With respect to any - claim in Group B as described in section - 405(a)(3)(C)(iii) for which, prior to the date - of enactment of this subparagraph, the Special - Master had advised the claimant that the amount - of compensation for such claim has been reduced - on the basis of insufficient funding, the - Special Master shall, in the first fiscal year - following such date of enactment that - sufficient funding becomes available under this - title, pay to the claimant an amount that is, - as determined by the Special Master, equal to - the difference between-- + ``(i) In general.--In any claim in Group B + as described in section 405(a)(3)(C)(iii) in + which, prior to the enactment of the Never + Forget the Heroes: James Zadroga, Ray Pfeifer, + and Luis Alvarez Permanent Authorization of the + September 11th Victim Compensation Fund Act, + the Special Master had advised the claimant + that the amount of compensation has been + reduced on the basis of insufficient funding, + the Special Master shall, in the first fiscal + year beginning after sufficient funding becomes + available under such Act, pay to the claimant + an amount that is, as determined by the Special + Master, equal to the difference between-- ``(I) the amount the claimant would have been paid under this title if sufficient funding was available to the @@ -110,13 +74,17 @@ Stabilization Act (49 U.S.C. 40101 note) is amended-- funding-- ``(aa) that is available to the Special Master under - section 410(c), as in effect on - the day before the date of - enactment of this subparagraph, - for purposes of compensating - claims in Group B as described - in section 405(a)(3)(C)(iii); - and + section 410(c) on the day + before the date of enactment of + the Never Forget the Heroes: + James Zadroga, Ray Pfeifer, and + Luis Alvarez Permanent + Authorization of the September + 11th Victim Compensation Fund + Act for purposes of + compensating claims in Group B + as described in section + 405(a)(3)(C)(iii); and ``(bb) that the Special Master determines is insufficient for purposes of @@ -151,34 +119,59 @@ U.S.C. 40101 note) is amended-- clause (ii), with respect to''; and (3) by adding at the end the following: ``(ii) Exception.--The Special Master may - exceed the applicable limitation under clause - (i) for a claim in Group B as described in + exceed the applicable limitation in clause (i) + for a claim in Group B as described in subsection (a)(3)(C)(iii) if the Special Master - determines that the pain and suffering of the - claimant is so excessive as to render the - amount of the applicable limitation under - clause (i) insufficiently compensatory.''. - (e) Adjustment of Gross Income Limitation.--Section + determines that the claim presents special + circumstances.''. + (e) Adjustment of Annual Gross Income Limitation.--Section 405(b)(7)(B)(ii) of the Air Transportation Safety and System -Stabilization Act (40 U.S.C. 40101 note) is amended-- - (1) by striking ``In considering'' and inserting the - following: - ``(I) In general.--Subject to - subclause (II), in considering'' ; and - (2) by adding at the end the following: - ``(II) Adjustment.--The Special - Master shall adjust the amount of the - limitation under subclause (I) not more - frequently than once every 5 years to - reflect the percentage by which the - Consumer Price Index for All Urban - Consumers published by the Department - of Labor for the month of October - immediately preceding the date of - adjustment exceeds the Consumer Price - Index for All Urban Consumers published - by the Department of Labor for the - month of October that immediately - precedes the date that is 5 years - before the date of adjustment.''. - \ No newline at end of file +Stabilization Act (40 U.S.C. 40101 note) is amended by striking +``$200,000.'' and inserting ``the annual gross income limitation. The +annual gross income limitation in effect on the date of enactment of +the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis +Alvarez Permanent Authorization of the September 11th Victim +Compensation Fund Act is $200,000. The Special Master shall +periodically adjust that annual gross income limitation to account for +inflation.''. + +SEC. 3. APPOINTMENT OF SPECIAL MASTER AND DEPUTY SPECIAL MASTERS. + + Section 404 of the Air Transportation Safety and System +Stabilization Act (49 U.S.C. 40101 note) is amended-- + (1) by redesignating subsection (b) as subsection (c); and + (2) by inserting after subsection (a) the following: + ``(b) Appointment of Special Master and Deputy Special Masters.-- +The Attorney General may appoint a Special Master and no more than two +Deputy Special Masters without regard to the provisions of title 5, +United States Code, governing appointments in the competitive service. +Any such employee shall serve at the pleasure of the Attorney General. +The Attorney General shall fix the annual salary of the Special Master +and the Deputy Special Masters.''. + +SEC. 4. BUDGETARY EFFECTS. + + (a) Statutory PAYGO Scorecards.--The budgetary effects of this Act +shall not be entered on either PAYGO scorecard maintained pursuant to +section 4(d) of the Statutory Pay-As-You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of this Act +shall not be entered on any PAYGO scorecard maintained for purposes of +section 4106 of House Concurrent Resolution 71 (115th Congress). + + Passed the House of Representatives July 12, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1327 + +_______________________________________________________________________ + + AN ACT + +To extend authorization for the September 11th Victim Compensation Fund + of 2001 through fiscal year 2092, and for other purposes. From b81dc57cc46a78b0678fb9fb4357c0b6613acd79 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Carolyn B. [D-NY-12]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 139/984] House-1327: Enrolled --- bills_text/House-1327.txt | 209 +++++++++++++++++--------------------- 1 file changed, 91 insertions(+), 118 deletions(-) diff --git a/bills_text/House-1327.txt b/bills_text/House-1327.txt index eb58873..91483de 100644 --- a/bills_text/House-1327.txt +++ b/bills_text/House-1327.txt @@ -1,38 +1,42 @@ -116th CONGRESS - 1st Session - H. R. 1327 + H.R.1327 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To extend authorization for the September 11th Victim Compensation Fund - of 2001 through fiscal year 2092, and for other purposes. + of 2001 through fiscal year 2092, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act''. - SEC. 2. SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001. - (a) Authorization and Funding.--Section 410 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended-- - (1) in subsection (c), by striking ``$4,600,000,000'' and - all that follows through ``expended'' and inserting ``such sums - as may be necessary for fiscal year 2019 and each fiscal year - thereafter through fiscal year 2092, to remain available until - expended''; and - (2) in subsection (e), by striking ``Upon completion of all - payments under this title'' and inserting ``On October 1, 2092, - or at such time thereafter as all funds are expended''. + (1) in subsection (c), by striking ``$4,600,000,000'' and all + that follows through ``expended'' and inserting ``such sums as may + be necessary for fiscal year 2019 and each fiscal year thereafter + through fiscal year 2092, to remain available until expended''; and + (2) in subsection (e), by striking ``Upon completion of all + payments under this title'' and inserting ``On October 1, 2092, or + at such time thereafter as all funds are expended''. (b) Extension of Limitation on Claim Filing.--Section 405(a)(3)(B) of the Air Transportation Safety and System Stabilization Act (40 U.S.C. 401010 note) is amended by striking ``the date that is 5 years @@ -43,87 +47,73 @@ Compensation Fund Reauthorization Act'' and inserting ``October 1, Funding.--Section 406(d)(2) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by adding at the end the following: - ``(D) Compensation reduced by special master due to - insufficient funding.-- - ``(i) In general.--In any claim in Group B - as described in section 405(a)(3)(C)(iii) in - which, prior to the enactment of the Never - Forget the Heroes: James Zadroga, Ray Pfeifer, - and Luis Alvarez Permanent Authorization of the - September 11th Victim Compensation Fund Act, - the Special Master had advised the claimant - that the amount of compensation has been - reduced on the basis of insufficient funding, - the Special Master shall, in the first fiscal - year beginning after sufficient funding becomes - available under such Act, pay to the claimant - an amount that is, as determined by the Special - Master, equal to the difference between-- - ``(I) the amount the claimant would - have been paid under this title if - sufficient funding was available to the - Special Master at the time the Special - Master determined the amount due the - claimant under this title; and - ``(II) the amount the claimant was - paid under this title. - ``(ii) Definitions.--For purposes of this - subparagraph: - ``(I) Insufficient funding.--The - term `insufficient funding' means - funding-- - ``(aa) that is available to - the Special Master under - section 410(c) on the day - before the date of enactment of - the Never Forget the Heroes: - James Zadroga, Ray Pfeifer, and - Luis Alvarez Permanent - Authorization of the September - 11th Victim Compensation Fund - Act for purposes of - compensating claims in Group B - as described in section - 405(a)(3)(C)(iii); and - ``(bb) that the Special - Master determines is - insufficient for purposes of - compensating all such claims - and complying with subparagraph - (A). - ``(II) Sufficient funding.--The - term `sufficient funding' means - funding-- - ``(aa) made available to - the Special Master for purposes - of compensating claims in Group - B as described in section - 405(a)(3)(C)(iii) through an - Act of Congress that is enacted - after the date on which the - amount of the claim described - in clause (i) has been reduced; - and - ``(bb) that the Special - Master determines is sufficient - for purposes of compensating - all claims in such Group B.''. + ``(D) Compensation reduced by special master due to + insufficient funding.-- + ``(i) In general.--In any claim in Group B as described + in section 405(a)(3)(C)(iii) in which, prior to the + enactment of the Never Forget the Heroes: James Zadroga, + Ray Pfeifer, and Luis Alvarez Permanent Authorization of + the September 11th Victim Compensation Fund Act, the + Special Master had advised the claimant that the amount of + compensation has been reduced on the basis of insufficient + funding, the Special Master shall, in the first fiscal year + beginning after sufficient funding becomes available under + such Act, pay to the claimant an amount that is, as + determined by the Special Master, equal to the difference + between-- + + ``(I) the amount the claimant would have been paid + under this title if sufficient funding was available to + the Special Master at the time the Special Master + determined the amount due the claimant under this + title; and + ``(II) the amount the claimant was paid under this + title. + + ``(ii) Definitions.--For purposes of this subparagraph: + + ``(I) Insufficient funding.--The term `insufficient + funding' means funding-- + + ``(aa) that is available to the Special Master + under section 410(c) on the day before the date of + enactment of the Never Forget the Heroes: James + Zadroga, Ray Pfeifer, and Luis Alvarez Permanent + Authorization of the September 11th Victim + Compensation Fund Act for purposes of compensating + claims in Group B as described in section + 405(a)(3)(C)(iii); and + ``(bb) that the Special Master determines is + insufficient for purposes of compensating all such + claims and complying with subparagraph (A). + + ``(II) Sufficient funding.--The term `sufficient + funding' means funding-- + + ``(aa) made available to the Special Master for + purposes of compensating claims in Group B as + described in section 405(a)(3)(C)(iii) through an + Act of Congress that is enacted after the date on + which the amount of the claim described in clause + (i) has been reduced; and + ``(bb) that the Special Master determines is + sufficient for purposes of compensating all claims + in such Group B.''. (d) Limitations on Noneconomic Loss.--Section 405(b)(7)(A) of the of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended-- - (1) by redesignating clauses (i) and (ii) as subclauses (I) - and (II) respectively, and adjusting the margins accordingly; - (2) by striking ``With respect to'' and inserting the - following: - ``(i) In general.--Except as provided in - clause (ii), with respect to''; and - (3) by adding at the end the following: - ``(ii) Exception.--The Special Master may - exceed the applicable limitation in clause (i) - for a claim in Group B as described in - subsection (a)(3)(C)(iii) if the Special Master - determines that the claim presents special - circumstances.''. + (1) by redesignating clauses (i) and (ii) as subclauses (I) and + (II) respectively, and adjusting the margins accordingly; + (2) by striking ``With respect to'' and inserting the + following: + ``(i) In general.--Except as provided in clause (ii), + with respect to''; and + (3) by adding at the end the following: + ``(ii) Exception.--The Special Master may exceed the + applicable limitation in clause (i) for a claim in Group B + as described in subsection (a)(3)(C)(iii) if the Special + Master determines that the claim presents special + circumstances.''. (e) Adjustment of Annual Gross Income Limitation.--Section 405(b)(7)(B)(ii) of the Air Transportation Safety and System Stabilization Act (40 U.S.C. 40101 note) is amended by striking @@ -134,13 +124,11 @@ Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act is $200,000. The Special Master shall periodically adjust that annual gross income limitation to account for inflation.''. - SEC. 3. APPOINTMENT OF SPECIAL MASTER AND DEPUTY SPECIAL MASTERS. - Section 404 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended-- - (1) by redesignating subsection (b) as subsection (c); and - (2) by inserting after subsection (a) the following: + (1) by redesignating subsection (b) as subsection (c); and + (2) by inserting after subsection (a) the following: ``(b) Appointment of Special Master and Deputy Special Masters.-- The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, @@ -148,9 +136,7 @@ United States Code, governing appointments in the competitive service. Any such employee shall serve at the pleasure of the Attorney General. The Attorney General shall fix the annual salary of the Special Master and the Deputy Special Masters.''. - SEC. 4. BUDGETARY EFFECTS. - (a) Statutory PAYGO Scorecards.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. @@ -158,20 +144,7 @@ section 4(d) of the Statutory Pay-As-You-Go Act of 2010. shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of House Concurrent Resolution 71 (115th Congress). - Passed the House of Representatives July 12, 2019. - - Attest: - - Clerk. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - H. R. 1327 - -_______________________________________________________________________ - - AN ACT - -To extend authorization for the September 11th Victim Compensation Fund - of 2001 through fiscal year 2092, and for other purposes. + Vice President of the United States and + President of the Senate. From 5f7b4746aeb5493ef28a5b7d0980b51218364a05 Mon Sep 17 00:00:00 2001 From: "Rep. San Nicolas, Michael F. Q. [D-GU-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 140/984] House-1365: Introduced to House --- bills_text/House-1365.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-1365.txt diff --git a/bills_text/House-1365.txt b/bills_text/House-1365.txt new file mode 100644 index 0000000..166c35d --- /dev/null +++ b/bills_text/House-1365.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 1365 + + To make technical corrections to the Guam World War II Loyalty + Recognition Act. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 26, 2019 + + Mr. San Nicolas introduced the following bill; which was referred to + the Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To make technical corrections to the Guam World War II Loyalty + Recognition Act. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. TECHNICAL CORRECTIONS TO GUAM WORLD WAR II LOYALTY + RECOGNITION ACT. + + Title XVII of division A of Public Law 114-328 is amended-- + (1) in section 1703(e)-- + (A) by striking ``equal to'' and inserting ``not to + exceed''; and + (B) by striking ``covered into the Treasury as + miscellaneous receipts'' and inserting ``used to + reimburse the applicable appropriations''; + (2) in section 1704(a) by striking ``, subject to the + availability of appropriations,'' and inserting ``from the + Claims Fund''; and + (3) by striking section 1707(a). + \ No newline at end of file From ae9ba38e0d8c5e09e8aa4fb398dcc24719866798 Mon Sep 17 00:00:00 2001 From: "Rep. San Nicolas, Michael F. Q. [D-GU-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 141/984] House-1365: Engrossed in House --- bills_text/House-1365.txt | 54 +++++++++++++++++++++++++++------------ 1 file changed, 38 insertions(+), 16 deletions(-) diff --git a/bills_text/House-1365.txt b/bills_text/House-1365.txt index 166c35d..fd4a0d4 100644 --- a/bills_text/House-1365.txt +++ b/bills_text/House-1365.txt @@ -2,23 +2,9 @@ 1st Session H. R. 1365 - To make technical corrections to the Guam World War II Loyalty - Recognition Act. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 26, 2019 - - Mr. San Nicolas introduced the following bill; which was referred to - the Committee on Natural Resources - -_______________________________________________________________________ - - A BILL + AN ACT @@ -42,4 +28,40 @@ SECTION 1. TECHNICAL CORRECTIONS TO GUAM WORLD WAR II LOYALTY availability of appropriations,'' and inserting ``from the Claims Fund''; and (3) by striking section 1707(a). - \ No newline at end of file + +SEC. 2. BUDGETARY TREATMENT OF TECHNICAL AMENDMENTS. + + (a) Determination of Budgetary Effects.--As the budgetary effects +for spending provided by this Act were estimated and offset as part of +the enactment of the Guam World War II Loyalty Recognition Act (title +XVII of division A of Public Law 114-328), the budgetary effects of +this Act shall be determined as if the amendments made by this Act were +included in the enactment of the Guam World War II Loyalty Recognition +Act (title XVII of division A of Public Law 114-328), for purposes of +the Congressional Budget Act of 1974 and the Statutory Pay-As-You-Go +Act of 2010. + (b) Pay-As-You-Go Compliance.--The budgetary effects of this Act, +for the purpose of complying with the Statutory Pay-As-You-Go Act of +2010, shall be determined by reference to the latest statement titled +``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for +printing in the Congressional Record by the Chairman of the House +Budget Committee, provided that such statement has been submitted prior +to the vote on passage. + + Passed the House of Representatives July 24, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1365 + +_______________________________________________________________________ + + AN ACT + + To make technical corrections to the Guam World War II Loyalty + Recognition Act. From 9228fd1e6fe294814a470ffb55a64c3bfdc66da9 Mon Sep 17 00:00:00 2001 From: "Rep. San Nicolas, Michael F. Q. [D-GU-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 142/984] House-1365: Enrolled --- bills_text/House-1365.txt | 87 ++++++++++++++------------------------- 1 file changed, 31 insertions(+), 56 deletions(-) diff --git a/bills_text/House-1365.txt b/bills_text/House-1365.txt index fd4a0d4..4bc70a9 100644 --- a/bills_text/House-1365.txt +++ b/bills_text/House-1365.txt @@ -1,67 +1,42 @@ -116th CONGRESS - 1st Session - H. R. 1365 + H.R.1365 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + United States of America - - To make technical corrections to the Guam World War II Loyalty - Recognition Act. - - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, - -SECTION 1. TECHNICAL CORRECTIONS TO GUAM WORLD WAR II LOYALTY - RECOGNITION ACT. - - Title XVII of division A of Public Law 114-328 is amended-- - (1) in section 1703(e)-- - (A) by striking ``equal to'' and inserting ``not to - exceed''; and - (B) by striking ``covered into the Treasury as - miscellaneous receipts'' and inserting ``used to - reimburse the applicable appropriations''; - (2) in section 1704(a) by striking ``, subject to the - availability of appropriations,'' and inserting ``from the - Claims Fund''; and - (3) by striking section 1707(a). - -SEC. 2. BUDGETARY TREATMENT OF TECHNICAL AMENDMENTS. - (a) Determination of Budgetary Effects.--As the budgetary effects -for spending provided by this Act were estimated and offset as part of -the enactment of the Guam World War II Loyalty Recognition Act (title -XVII of division A of Public Law 114-328), the budgetary effects of -this Act shall be determined as if the amendments made by this Act were -included in the enactment of the Guam World War II Loyalty Recognition -Act (title XVII of division A of Public Law 114-328), for purposes of -the Congressional Budget Act of 1974 and the Statutory Pay-As-You-Go -Act of 2010. - (b) Pay-As-You-Go Compliance.--The budgetary effects of this Act, -for the purpose of complying with the Statutory Pay-As-You-Go Act of -2010, shall be determined by reference to the latest statement titled -``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for -printing in the Congressional Record by the Chairman of the House -Budget Committee, provided that such statement has been submitted prior -to the vote on passage. + AT THE SECOND SESSION - Passed the House of Representatives July 24, 2019. + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty - Attest: - Clerk. -116th CONGRESS + An Act - 1st Session - H. R. 1365 - -_______________________________________________________________________ - - AN ACT - - To make technical corrections to the Guam World War II Loyalty + + To make technical corrections to the Guam World War II Loyalty Recognition Act. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, +SECTION 1. TECHNICAL CORRECTIONS TO GUAM WORLD WAR II LOYALTY +RECOGNITION ACT. + Title XVII of division A of Public Law 114-328 is amended-- + (1) in section 1703(e)-- + (A) by striking ``equal to'' and inserting ``not to + exceed''; and + (B) by striking ``covered into the Treasury as + miscellaneous receipts'' and inserting ``used to reimburse the + applicable appropriations''; + (2) in section 1704(a) by striking ``, subject to the + availability of appropriations,'' and inserting ``from the Claims + Fund''; and + (3) by striking section 1707(a). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From d2e3d93d876134b254337b67893014c7d234f7b1 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Eddie Bernice [D-TX-30]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 143/984] House-1396: Introduced to House --- bills_text/House-1396.txt | 236 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 236 insertions(+) create mode 100644 bills_text/House-1396.txt diff --git a/bills_text/House-1396.txt b/bills_text/House-1396.txt new file mode 100644 index 0000000..2ed49ee --- /dev/null +++ b/bills_text/House-1396.txt @@ -0,0 +1,236 @@ +116th CONGRESS + 1st Session + H. R. 1396 + + To award Congressional Gold Medals to Katherine Johnson and Dr. + Christine Darden, to posthumously award Congressional Gold Medals to + Dorothy Vaughan and Mary Jackson, and to award a Congressional Gold + Medal to honor all of the women who contributed to the success of the + National Aeronautics and Space Administration during the Space Race. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 27, 2019 + + Ms. Johnson of Texas (for herself and Mr. Lucas) introduced the + following bill; which was referred to the Committee on Financial +Services, and in addition to the Committee on House Administration, for +a period to be subsequently determined by the Speaker, in each case for +consideration of such provisions as fall within the jurisdiction of the + committee concerned + +_______________________________________________________________________ + + A BILL + + + + To award Congressional Gold Medals to Katherine Johnson and Dr. + Christine Darden, to posthumously award Congressional Gold Medals to + Dorothy Vaughan and Mary Jackson, and to award a Congressional Gold + Medal to honor all of the women who contributed to the success of the + National Aeronautics and Space Administration during the Space Race. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Hidden Figures Congressional Gold +Medal Act''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) In 1935, the National Advisory Committee for + Aeronautics (referred to in this section as ``NACA'') hired 5 + women to serve as the first ``computer pool'' at the Langley + Memorial Aeronautical Laboratory where those women took on work + making calculations that male engineers had made previously. + (2) During the 1940s, NACA began recruiting African- + American women to work as computers and initially separated + those women from their White counterparts in a group known as + the ``West Area Computers'' where the women were restricted to + segregated dining and bathroom facilities. + (3) Katherine Johnson was born on August 26, 1918, in White + Sulphur Springs, West Virginia. + (4) In 1953, Katherine Johnson began her career in + aeronautics as a computer in the segregated West Area Computing + unit described in paragraph (2). + (5) As a member of the Flight Research Division, Katherine + Johnson analyzed data from flight tests. After NACA was + reformulated into the National Aeronautics and Space + Administration (referred to in this section as ``NASA''), + Katherine Johnson-- + (A) calculated the trajectory for Alan Shepard's + Freedom 7 mission in 1961, which was the first human + spaceflight by an individual from the United States; + (B) coauthored a report that provided the equations + for describing orbital spaceflight with a specified + landing point, which made her the first woman to be + recognized as an author of a report from the Flight + Research Division; + (C) was asked to verify the calculations when + electronic computers at NASA were used to calculate the + orbit for John Glenn's Friendship 7 mission; and + (D) provided calculations for NASA throughout her + career, including for the Apollo missions. + (6) Katherine Johnson retired from NASA in 1986. + (7) Dr. Christine Darden was born on September 10, 1942, in + Monroe, North Carolina. + (8) In 1962, Dr. Christine Darden graduated from Hampton + Institute with a B.S. in Mathematics and a teaching credential. + (9) Dr. Christine Darden attended Virginia State University + where she studied aerosol physics and earned an M.S. in Applied + Mathematics. + (10) Dr. Christine Darden began her career in aeronautics + in 1967 as a data analyst at NASA's Langley Research Center + (referred to in this section as ``Langley'') before being + promoted to aerospace engineer in 1973. Her work in this + position resulted in the production of low-boom sonic effects, + which revolutionized aerodynamics design. + (11) Dr. Christine Darden completed her education by + earning a Ph.D. in Mechanical Engineering from George + Washington University in 1983. + (12) While working at NASA, Dr. Christine Darden-- + (A) was appointed to be the leader of the Sonic + Boom Team, which worked on designs to minimize the + effects of sonic booms by testing wing and nose designs + for supersonic aircraft; + (B) wrote more than 50 articles on aeronautics + design; and + (C) became the first African American to be + promoted to a position in the Senior Executive Service + at Langley. + (13) Dorothy Vaughan was born on September 20, 1910, in + Kansas City, Missouri. + (14) Dorothy Vaughan began working for NACA in 1943. + Dorothy Vaughan-- + (A) started at NACA as a member of the West Area + Computing unit; + (B) was promoted to be the head of the West Area + Computing unit, becoming NACA's first African-American + supervisor, a position that she held for 9 years; and + (C) became an expert programmer in FORTRAN as a + member of NASA's Analysis and Computation Division. + (15) Dorothy Vaughan retired from NASA in 1971 and died on + November 10, 2008. + (16) Mary Jackson was born on April 9, 1921, in Hampton, + Virginia. + (17) Mary Jackson started her career at NACA in 1951, + working as a computer as a member of the West Area Computing + unit. + (18) After petitioning the City of Hampton to allow her to + take graduate-level courses in math and physics at night at the + all-White Hampton High School, Mary Jackson was able to + complete the required training to become an engineer, making + her NASA's first female African-American engineer. + (19) Mary Jackson-- + (A) while at NACA and NASA-- + (i) worked in the Theoretical Aerodynamics + Branch of the Subsonic-Transonic Aerodynamics + Division at Langley where she analyzed wind + tunnel and aircraft flight data; and + (ii) published a dozen technical papers + that focused on the boundary layer of air + around airplanes; and + (B) after 21 years working as an engineer at NASA, + transitioned to a new job as Langley's Federal Women's + Program Manager where she worked to improve the + prospects of NASA's female mathematicians, engineers, + and scientists. + (20) Mary Jackson retired from NASA in 1985 and died in + 2005. + (21) These 4 women, along with the other African-American + women in NASA's West Area Computing unit, were integral to the + success of the early space program. The stories of these 4 + women exemplify the experiences of hundreds of women who worked + as computers, mathematicians, and engineers at NACA beginning + in the 1930s and their handmade calculations played an integral + role in-- + (A) aircraft testing during World War II; + (B) supersonic flight research; + (C) sending the Voyager probes to explore the solar + system; and + (D) the United States landing the first man on the + lunar surface. + +SEC. 3. CONGRESSIONAL GOLD MEDALS. + + (a) Presentation Authorized.--The Speaker of the House of +Representatives and the President pro tempore of the Senate shall make +appropriate arrangements for the presentation, on behalf of Congress, +of 5 gold medals of appropriate design as follows: + (1) One gold medal to Katherine Johnson in recognition of + her service to the United States as a mathematician. + (2) One gold medal to Dr. Christine Darden for her service + to the United States as an aeronautical engineer. + (3) In recognition of their service to the United States + during the Space Race-- + (A) 1 gold medal commemorating the life of Dorothy + Vaughan; and + (B) 1 gold medal commemorating the life of Mary + Jackson. + (4) One gold medal in recognition of all women who served + as computers, mathematicians, and engineers at the National + Advisory Committee for Aeronautics and the National Aeronautics + and Space Administration between the 1930s and the 1970s + (referred to in this section as ``recognized women''). + (b) Design and Striking.--For the purpose of the awards under +subsection (a), the Secretary of the Treasury (referred to in this Act +as the ``Secretary'') shall strike each gold medal described in that +subsection with suitable emblems, devices, and inscriptions, to be +determined by the Secretary. + (c) Transfer of Certain Medals After Presentation.-- + (1) Smithsonian institution.-- + (A) In general.--After the award of the gold medal + commemorating the life of Dorothy Vaughan under + subsection (a)(3)(A) and the award of the gold medal in + recognition of recognized women under subsection + (a)(4), those medals shall be given to the Smithsonian + Institution where the medals shall be-- + (i) available for display, as appropriate; + and + (ii) made available for research. + (B) Sense of congress.--It is the sense of Congress + that the Smithsonian Institution should make the gold + medals received under subparagraph (A) available for-- + (i) display, particularly at the National + Museum of African American History and Culture; + or + (ii) loan, as appropriate, so that the + medals may be displayed elsewhere. + (2) Transfer to family.--After the award of the gold medal + in honor of Mary Jackson under subsection (a)(3)(B), the medal + shall be given to her granddaughter, Wanda Jackson. + +SEC. 4. DUPLICATE MEDALS. + + Under regulations that the Secretary may promulgate, the Secretary +may strike and sell duplicates in bronze of the gold medals struck +under this Act, at a price sufficient to cover the cost of the medals, +including labor, materials, dies, use of machinery, and overhead +expenses. + +SEC. 5. STATUS OF MEDALS. + + (a) National Medals.--The medals struck under this Act are national +medals for purposes of chapter 51 of title 31, United States Code. + (b) Numismatic Items.--For purposes of sections 5134 and 5136 of +title 31, United States Code, all medals struck under this Act shall be +considered to be numismatic items. + +SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. + + (a) Authority To Use Fund Amounts.--There is authorized to be +charged against the United States Mint Public Enterprise Fund such +amounts as may be necessary to pay for the costs of the medals struck +under this Act. + (b) Proceeds of Sale.--Amounts received from the sale of duplicate +bronze medals authorized under section 4 shall be deposited into the +United States Mint Public Enterprise Fund. + \ No newline at end of file From 7151288df1871bb617c40a0ed2f4b696b3f8ca20 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Eddie Bernice [D-TX-30]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 144/984] House-1396: Engrossed in House --- bills_text/House-1396.txt | 85 ++++++++++++++++++++++----------------- 1 file changed, 47 insertions(+), 38 deletions(-) diff --git a/bills_text/House-1396.txt b/bills_text/House-1396.txt index 2ed49ee..a7802dd 100644 --- a/bills_text/House-1396.txt +++ b/bills_text/House-1396.txt @@ -2,30 +2,9 @@ 1st Session H. R. 1396 - To award Congressional Gold Medals to Katherine Johnson and Dr. - Christine Darden, to posthumously award Congressional Gold Medals to - Dorothy Vaughan and Mary Jackson, and to award a Congressional Gold - Medal to honor all of the women who contributed to the success of the - National Aeronautics and Space Administration during the Space Race. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 27, 2019 - - Ms. Johnson of Texas (for herself and Mr. Lucas) introduced the - following bill; which was referred to the Committee on Financial -Services, and in addition to the Committee on House Administration, for -a period to be subsequently determined by the Speaker, in each case for -consideration of such provisions as fall within the jurisdiction of the - committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -47,10 +26,11 @@ SEC. 2. FINDINGS. Congress finds the following: (1) In 1935, the National Advisory Committee for - Aeronautics (referred to in this section as ``NACA'') hired 5 - women to serve as the first ``computer pool'' at the Langley - Memorial Aeronautical Laboratory where those women took on work - making calculations that male engineers had made previously. + Aeronautics (referred to in this section as ``NACA'') hired + five women to serve as the first ``computer pool'' at the + Langley Memorial Aeronautical Laboratory where those women took + on work making calculations that male engineers had made + previously. (2) During the 1940s, NACA began recruiting African- American women to work as computers and initially separated those women from their White counterparts in a group known as @@ -145,13 +125,13 @@ SEC. 2. FINDINGS. and scientists. (20) Mary Jackson retired from NASA in 1985 and died in 2005. - (21) These 4 women, along with the other African-American - women in NASA's West Area Computing unit, were integral to the - success of the early space program. The stories of these 4 - women exemplify the experiences of hundreds of women who worked - as computers, mathematicians, and engineers at NACA beginning - in the 1930s and their handmade calculations played an integral - role in-- + (21) These four women, along with the other African- + American women in NASA's West Area Computing unit, were + integral to the success of the early space program. The stories + of these four women exemplify the experiences of hundreds of + women who worked as computers, mathematicians, and engineers at + NACA beginning in the 1930s and their handmade calculations + played an integral role in-- (A) aircraft testing during World War II; (B) supersonic flight research; (C) sending the Voyager probes to explore the solar @@ -164,16 +144,16 @@ SEC. 3. CONGRESSIONAL GOLD MEDALS. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, -of 5 gold medals of appropriate design as follows: +of five gold medals of appropriate design as follows: (1) One gold medal to Katherine Johnson in recognition of her service to the United States as a mathematician. (2) One gold medal to Dr. Christine Darden for her service to the United States as an aeronautical engineer. (3) In recognition of their service to the United States during the Space Race-- - (A) 1 gold medal commemorating the life of Dorothy - Vaughan; and - (B) 1 gold medal commemorating the life of Mary + (A) one gold medal commemorating the life of + Dorothy Vaughan; and + (B) one gold medal commemorating the life of Mary Jackson. (4) One gold medal in recognition of all women who served as computers, mathematicians, and engineers at the National @@ -233,4 +213,33 @@ under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. - \ No newline at end of file + +SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 19, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1396 + +_______________________________________________________________________ + + AN ACT + + To award Congressional Gold Medals to Katherine Johnson and Dr. + Christine Darden, to posthumously award Congressional Gold Medals to + Dorothy Vaughan and Mary Jackson, and to award a Congressional Gold + Medal to honor all of the women who contributed to the success of the + National Aeronautics and Space Administration during the Space Race. From aa1180538da16410ab24e9a2c39860cab24084d2 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Eddie Bernice [D-TX-30]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 145/984] House-1396: Enrolled --- bills_text/House-1396.txt | 341 +++++++++++++++++--------------------- 1 file changed, 153 insertions(+), 188 deletions(-) diff --git a/bills_text/House-1396.txt b/bills_text/House-1396.txt index a7802dd..f9a56cd 100644 --- a/bills_text/House-1396.txt +++ b/bills_text/House-1396.txt @@ -1,211 +1,194 @@ -116th CONGRESS - 1st Session - H. R. 1396 + H.R.1396 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To award Congressional Gold Medals to Katherine Johnson and Dr. - Christine Darden, to posthumously award Congressional Gold Medals to + Christine Darden, to posthumously award Congressional Gold Medals to Dorothy Vaughan and Mary Jackson, and to award a Congressional Gold Medal to honor all of the women who contributed to the success of the National Aeronautics and Space Administration during the Space Race. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Hidden Figures Congressional Gold Medal Act''. - SEC. 2. FINDINGS. - Congress finds the following: - (1) In 1935, the National Advisory Committee for - Aeronautics (referred to in this section as ``NACA'') hired - five women to serve as the first ``computer pool'' at the - Langley Memorial Aeronautical Laboratory where those women took - on work making calculations that male engineers had made - previously. - (2) During the 1940s, NACA began recruiting African- - American women to work as computers and initially separated - those women from their White counterparts in a group known as - the ``West Area Computers'' where the women were restricted to - segregated dining and bathroom facilities. - (3) Katherine Johnson was born on August 26, 1918, in White - Sulphur Springs, West Virginia. - (4) In 1953, Katherine Johnson began her career in - aeronautics as a computer in the segregated West Area Computing - unit described in paragraph (2). - (5) As a member of the Flight Research Division, Katherine - Johnson analyzed data from flight tests. After NACA was - reformulated into the National Aeronautics and Space - Administration (referred to in this section as ``NASA''), - Katherine Johnson-- - (A) calculated the trajectory for Alan Shepard's - Freedom 7 mission in 1961, which was the first human - spaceflight by an individual from the United States; - (B) coauthored a report that provided the equations - for describing orbital spaceflight with a specified - landing point, which made her the first woman to be - recognized as an author of a report from the Flight - Research Division; - (C) was asked to verify the calculations when - electronic computers at NASA were used to calculate the - orbit for John Glenn's Friendship 7 mission; and - (D) provided calculations for NASA throughout her - career, including for the Apollo missions. - (6) Katherine Johnson retired from NASA in 1986. - (7) Dr. Christine Darden was born on September 10, 1942, in - Monroe, North Carolina. - (8) In 1962, Dr. Christine Darden graduated from Hampton - Institute with a B.S. in Mathematics and a teaching credential. - (9) Dr. Christine Darden attended Virginia State University - where she studied aerosol physics and earned an M.S. in Applied - Mathematics. - (10) Dr. Christine Darden began her career in aeronautics - in 1967 as a data analyst at NASA's Langley Research Center - (referred to in this section as ``Langley'') before being - promoted to aerospace engineer in 1973. Her work in this - position resulted in the production of low-boom sonic effects, - which revolutionized aerodynamics design. - (11) Dr. Christine Darden completed her education by - earning a Ph.D. in Mechanical Engineering from George - Washington University in 1983. - (12) While working at NASA, Dr. Christine Darden-- - (A) was appointed to be the leader of the Sonic - Boom Team, which worked on designs to minimize the - effects of sonic booms by testing wing and nose designs - for supersonic aircraft; - (B) wrote more than 50 articles on aeronautics - design; and - (C) became the first African American to be - promoted to a position in the Senior Executive Service - at Langley. - (13) Dorothy Vaughan was born on September 20, 1910, in - Kansas City, Missouri. - (14) Dorothy Vaughan began working for NACA in 1943. - Dorothy Vaughan-- - (A) started at NACA as a member of the West Area - Computing unit; - (B) was promoted to be the head of the West Area - Computing unit, becoming NACA's first African-American - supervisor, a position that she held for 9 years; and - (C) became an expert programmer in FORTRAN as a - member of NASA's Analysis and Computation Division. - (15) Dorothy Vaughan retired from NASA in 1971 and died on - November 10, 2008. - (16) Mary Jackson was born on April 9, 1921, in Hampton, - Virginia. - (17) Mary Jackson started her career at NACA in 1951, - working as a computer as a member of the West Area Computing - unit. - (18) After petitioning the City of Hampton to allow her to - take graduate-level courses in math and physics at night at the - all-White Hampton High School, Mary Jackson was able to - complete the required training to become an engineer, making - her NASA's first female African-American engineer. - (19) Mary Jackson-- - (A) while at NACA and NASA-- - (i) worked in the Theoretical Aerodynamics - Branch of the Subsonic-Transonic Aerodynamics - Division at Langley where she analyzed wind - tunnel and aircraft flight data; and - (ii) published a dozen technical papers - that focused on the boundary layer of air - around airplanes; and - (B) after 21 years working as an engineer at NASA, - transitioned to a new job as Langley's Federal Women's - Program Manager where she worked to improve the - prospects of NASA's female mathematicians, engineers, - and scientists. - (20) Mary Jackson retired from NASA in 1985 and died in - 2005. - (21) These four women, along with the other African- - American women in NASA's West Area Computing unit, were - integral to the success of the early space program. The stories - of these four women exemplify the experiences of hundreds of - women who worked as computers, mathematicians, and engineers at - NACA beginning in the 1930s and their handmade calculations - played an integral role in-- - (A) aircraft testing during World War II; - (B) supersonic flight research; - (C) sending the Voyager probes to explore the solar - system; and - (D) the United States landing the first man on the - lunar surface. - + (1) In 1935, the National Advisory Committee for Aeronautics + (referred to in this section as ``NACA'') hired five women to serve + as the first ``computer pool'' at the Langley Memorial Aeronautical + Laboratory where those women took on work making calculations that + male engineers had made previously. + (2) During the 1940s, NACA began recruiting African-American + women to work as computers and initially separated those women from + their White counterparts in a group known as the ``West Area + Computers'' where the women were restricted to segregated dining + and bathroom facilities. + (3) Katherine Johnson was born on August 26, 1918, in White + Sulphur Springs, West Virginia. + (4) In 1953, Katherine Johnson began her career in aeronautics + as a computer in the segregated West Area Computing unit described + in paragraph (2). + (5) As a member of the Flight Research Division, Katherine + Johnson analyzed data from flight tests. After NACA was + reformulated into the National Aeronautics and Space Administration + (referred to in this section as ``NASA''), Katherine Johnson-- + (A) calculated the trajectory for Alan Shepard's Freedom 7 + mission in 1961, which was the first human spaceflight by an + individual from the United States; + (B) coauthored a report that provided the equations for + describing orbital spaceflight with a specified landing point, + which made her the first woman to be recognized as an author of + a report from the Flight Research Division; + (C) was asked to verify the calculations when electronic + computers at NASA were used to calculate the orbit for John + Glenn's Friendship 7 mission; and + (D) provided calculations for NASA throughout her career, + including for the Apollo missions. + (6) Katherine Johnson retired from NASA in 1986. + (7) Dr. Christine Darden was born on September 10, 1942, in + Monroe, North Carolina. + (8) In 1962, Dr. Christine Darden graduated from Hampton + Institute with a B.S. in Mathematics and a teaching credential. + (9) Dr. Christine Darden attended Virginia State University + where she studied aerosol physics and earned an M.S. in Applied + Mathematics. + (10) Dr. Christine Darden began her career in aeronautics in + 1967 as a data analyst at NASA's Langley Research Center (referred + to in this section as ``Langley'') before being promoted to + aerospace engineer in 1973. Her work in this position resulted in + the production of low-boom sonic effects, which revolutionized + aerodynamics design. + (11) Dr. Christine Darden completed her education by earning a + Ph.D. in Mechanical Engineering from George Washington University + in 1983. + (12) While working at NASA, Dr. Christine Darden-- + (A) was appointed to be the leader of the Sonic Boom Team, + which worked on designs to minimize the effects of sonic booms + by testing wing and nose designs for supersonic aircraft; + (B) wrote more than 50 articles on aeronautics design; and + (C) became the first African American to be promoted to a + position in the Senior Executive Service at Langley. + (13) Dorothy Vaughan was born on September 20, 1910, in Kansas + City, Missouri. + (14) Dorothy Vaughan began working for NACA in 1943. Dorothy + Vaughan-- + (A) started at NACA as a member of the West Area Computing + unit; + (B) was promoted to be the head of the West Area Computing + unit, becoming NACA's first African-American supervisor, a + position that she held for 9 years; and + (C) became an expert programmer in FORTRAN as a member of + NASA's Analysis and Computation Division. + (15) Dorothy Vaughan retired from NASA in 1971 and died on + November 10, 2008. + (16) Mary Jackson was born on April 9, 1921, in Hampton, + Virginia. + (17) Mary Jackson started her career at NACA in 1951, working + as a computer as a member of the West Area Computing unit. + (18) After petitioning the City of Hampton to allow her to take + graduate-level courses in math and physics at night at the all- + White Hampton High School, Mary Jackson was able to complete the + required training to become an engineer, making her NASA's first + female African-American engineer. + (19) Mary Jackson-- + (A) while at NACA and NASA-- + (i) worked in the Theoretical Aerodynamics Branch of + the Subsonic-Transonic Aerodynamics Division at Langley + where she analyzed wind tunnel and aircraft flight data; + and + (ii) published a dozen technical papers that focused on + the boundary layer of air around airplanes; and + (B) after 21 years working as an engineer at NASA, + transitioned to a new job as Langley's Federal Women's Program + Manager where she worked to improve the prospects of NASA's + female mathematicians, engineers, and scientists. + (20) Mary Jackson retired from NASA in 1985 and died in 2005. + (21) These four women, along with the other African-American + women in NASA's West Area Computing unit, were integral to the + success of the early space program. The stories of these four women + exemplify the experiences of hundreds of women who worked as + computers, mathematicians, and engineers at NACA beginning in the + 1930s and their handmade calculations played an integral role in-- + (A) aircraft testing during World War II; + (B) supersonic flight research; + (C) sending the Voyager probes to explore the solar system; + and + (D) the United States landing the first man on the lunar + surface. SEC. 3. CONGRESSIONAL GOLD MEDALS. - (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of five gold medals of appropriate design as follows: - (1) One gold medal to Katherine Johnson in recognition of - her service to the United States as a mathematician. - (2) One gold medal to Dr. Christine Darden for her service - to the United States as an aeronautical engineer. - (3) In recognition of their service to the United States - during the Space Race-- - (A) one gold medal commemorating the life of - Dorothy Vaughan; and - (B) one gold medal commemorating the life of Mary - Jackson. - (4) One gold medal in recognition of all women who served - as computers, mathematicians, and engineers at the National - Advisory Committee for Aeronautics and the National Aeronautics - and Space Administration between the 1930s and the 1970s - (referred to in this section as ``recognized women''). + (1) One gold medal to Katherine Johnson in recognition of her + service to the United States as a mathematician. + (2) One gold medal to Dr. Christine Darden for her service to + the United States as an aeronautical engineer. + (3) In recognition of their service to the United States during + the Space Race-- + (A) one gold medal commemorating the life of Dorothy + Vaughan; and + (B) one gold medal commemorating the life of Mary Jackson. + (4) One gold medal in recognition of all women who served as + computers, mathematicians, and engineers at the National Advisory + Committee for Aeronautics and the National Aeronautics and Space + Administration between the 1930s and the 1970s (referred to in this + section as ``recognized women''). (b) Design and Striking.--For the purpose of the awards under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike each gold medal described in that subsection with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Transfer of Certain Medals After Presentation.-- - (1) Smithsonian institution.-- - (A) In general.--After the award of the gold medal - commemorating the life of Dorothy Vaughan under - subsection (a)(3)(A) and the award of the gold medal in - recognition of recognized women under subsection - (a)(4), those medals shall be given to the Smithsonian - Institution where the medals shall be-- - (i) available for display, as appropriate; - and - (ii) made available for research. - (B) Sense of congress.--It is the sense of Congress - that the Smithsonian Institution should make the gold - medals received under subparagraph (A) available for-- - (i) display, particularly at the National - Museum of African American History and Culture; - or - (ii) loan, as appropriate, so that the - medals may be displayed elsewhere. - (2) Transfer to family.--After the award of the gold medal - in honor of Mary Jackson under subsection (a)(3)(B), the medal - shall be given to her granddaughter, Wanda Jackson. - + (1) Smithsonian institution.-- + (A) In general.--After the award of the gold medal + commemorating the life of Dorothy Vaughan under subsection + (a)(3)(A) and the award of the gold medal in recognition of + recognized women under subsection (a)(4), those medals shall be + given to the Smithsonian Institution where the medals shall + be-- + (i) available for display, as appropriate; and + (ii) made available for research. + (B) Sense of congress.--It is the sense of Congress that + the Smithsonian Institution should make the gold medals + received under subparagraph (A) available for-- + (i) display, particularly at the National Museum of + African American History and Culture; or + (ii) loan, as appropriate, so that the medals may be + displayed elsewhere. + (2) Transfer to family.--After the award of the gold medal in + honor of Mary Jackson under subsection (a)(3)(B), the medal shall + be given to her granddaughter, Wanda Jackson. SEC. 4. DUPLICATE MEDALS. - Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medals struck under this Act, at a price sufficient to cover the cost of the medals, including labor, materials, dies, use of machinery, and overhead expenses. - SEC. 5. STATUS OF MEDALS. - (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. - SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. - (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck @@ -213,9 +196,7 @@ under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. - SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -223,23 +204,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 19, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 1396 - -_______________________________________________________________________ - - AN ACT - - To award Congressional Gold Medals to Katherine Johnson and Dr. - Christine Darden, to posthumously award Congressional Gold Medals to - Dorothy Vaughan and Mary Jackson, and to award a Congressional Gold - Medal to honor all of the women who contributed to the success of the - National Aeronautics and Space Administration during the Space Race. + Vice President of the United States and + President of the Senate. From 83784f316ef5909cb1dfb2a6e70e9426a6ba27b0 Mon Sep 17 00:00:00 2001 From: "Rep. DeFazio, Peter A. [D-OR-4]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 146/984] House-1418: Introduced to House --- bills_text/House-1418.txt | 102 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 102 insertions(+) create mode 100644 bills_text/House-1418.txt diff --git a/bills_text/House-1418.txt b/bills_text/House-1418.txt new file mode 100644 index 0000000..01fe65a --- /dev/null +++ b/bills_text/House-1418.txt @@ -0,0 +1,102 @@ +116th CONGRESS + 1st Session + H. R. 1418 + + To restore the application of the Federal antitrust laws to the + business of health insurance to protect competition and consumers. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 28, 2019 + + Mr. DeFazio (for himself, Mr. Gosar, Mr. Meeks, Mr. Lynch, Mr. + Grijalva, Mr. Garamendi, Mr. Norman, Mr. DesJarlais, Mr. Davidson of + Ohio, and Mr. Yoho) introduced the following bill; which was referred + to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To restore the application of the Federal antitrust laws to the + business of health insurance to protect competition and consumers. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Competitive Health Insurance Reform +Act of 2019''. + +SEC. 2. RESTORING THE APPLICATION OF ANTITRUST LAWS TO THE BUSINESS OF + HEALTH INSURANCE. + + (a) Amendment to McCarran-Ferguson Act.--Section 3 of the Act of +March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson +Act, is amended by adding at the end the following: + ``(c)(1) Nothing contained in this Act shall modify, impair, or +supersede the operation of any of the antitrust laws with respect to +the business of health insurance (including the business of dental +insurance and limited-scope dental benefits). + ``(2) Paragraph (1) shall not apply with respect to making a +contract, or engaging in a combination or conspiracy-- + ``(A) to collect, compile, or disseminate historical loss + data; + ``(B) to determine a loss development factor applicable to + historical loss data; + ``(C) to perform actuarial services if such contract, + combination, or conspiracy does not involve a restraint of + trade; or + ``(D) to develop or disseminate a standard insurance policy + form (including a standard addendum to an insurance policy form + and standard terminology in an insurance policy form) if such + contract, combination, or conspiracy is not to adhere to such + standard form or require adherence to such standard form. + ``(3) For purposes of this subsection-- + ``(A) the term `antitrust laws' has the meaning given it in + subsection (a) of the first section of the Clayton Act (15 + U.S.C. 12), except that such term includes section 5 of the + Federal Trade Commission Act (15 U.S.C. 45) to the extent that + such section 5 applies to unfair methods of competition; + ``(B) the term `business of health insurance (including the + business of dental insurance and limited-scope dental + benefits)' does not include-- + ``(i) the business of life insurance (including + annuities); or + ``(ii) the business of property or casualty + insurance, including but not limited to-- + ``(I) any insurance or benefits defined as + `excepted benefits' under paragraph (1), + subparagraph (B) or (C) of paragraph (2), or + paragraph (3) of section 9832(c) of the + Internal Revenue Code of 1986 (26 U.S.C. + 9832(c)) whether offered separately or in + combination with insurance or benefits + described in paragraph (2)(A) of such section; + and + ``(II) any other line of insurance that is + classified as property or casualty insurance + under State law; + ``(C) the term `historical loss data' means information + respecting claims paid, or reserves held for claims reported, + by any person engaged in the business of insurance; and + ``(D) the term `loss development factor' means an + adjustment to be made to reserves held for losses incurred for + claims reported by any person engaged in the business of + insurance, for the purpose of bringing such reserves to an + ultimate paid basis.''. + (b) Related Provision.--For purposes of section 5 of the Federal +Trade Commission Act (15 U.S.C. 45) to the extent such section applies +to unfair methods of competition, section 3(c) of the McCarran-Ferguson +Act shall apply with respect to the business of health insurance +without regard to whether such business is carried on for profit, +notwithstanding the definition of ``Corporation'' contained in section +4 of the Federal Trade Commission Act. + \ No newline at end of file From dc20c1d138eb944c47b644db87a13391b967c777 Mon Sep 17 00:00:00 2001 From: "Rep. DeFazio, Peter A. [D-OR-4]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 147/984] House-1418: Engrossed in House --- bills_text/House-1418.txt | 50 +++++++++++++++++++++++---------------- 1 file changed, 30 insertions(+), 20 deletions(-) diff --git a/bills_text/House-1418.txt b/bills_text/House-1418.txt index 01fe65a..006a497 100644 --- a/bills_text/House-1418.txt +++ b/bills_text/House-1418.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 1418 - To restore the application of the Federal antitrust laws to the - business of health insurance to protect competition and consumers. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 28, 2019 - - Mr. DeFazio (for himself, Mr. Gosar, Mr. Meeks, Mr. Lynch, Mr. - Grijalva, Mr. Garamendi, Mr. Norman, Mr. DesJarlais, Mr. Davidson of - Ohio, and Mr. Yoho) introduced the following bill; which was referred - to the Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -33,7 +17,7 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Health Insurance Reform -Act of 2019''. +Act of 2020''. SEC. 2. RESTORING THE APPLICATION OF ANTITRUST LAWS TO THE BUSINESS OF HEALTH INSURANCE. @@ -99,4 +83,30 @@ Act shall apply with respect to the business of health insurance without regard to whether such business is carried on for profit, notwithstanding the definition of ``Corporation'' contained in section 4 of the Federal Trade Commission Act. - \ No newline at end of file + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 21, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 1418 + +_______________________________________________________________________ + + AN ACT + + To restore the application of the Federal antitrust laws to the + business of health insurance to protect competition and consumers. From 67f959cfad344fcd1e7e89214a29b29e21e05c21 Mon Sep 17 00:00:00 2001 From: "Rep. DeFazio, Peter A. [D-OR-4]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 148/984] House-1418: Enrolled --- bills_text/House-1418.txt | 132 +++++++++++++++++--------------------- 1 file changed, 58 insertions(+), 74 deletions(-) diff --git a/bills_text/House-1418.txt b/bills_text/House-1418.txt index 006a497..944b40b 100644 --- a/bills_text/House-1418.txt +++ b/bills_text/House-1418.txt @@ -1,27 +1,32 @@ -116th CONGRESS - 2d Session - H. R. 1418 + H.R.1418 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To restore the application of the Federal antitrust laws to the - business of health insurance to protect competition and consumers. +To restore the application of the Federal antitrust laws to the business + of health insurance to protect competition and consumers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Competitive Health Insurance Reform Act of 2020''. - SEC. 2. RESTORING THE APPLICATION OF ANTITRUST LAWS TO THE BUSINESS OF - HEALTH INSURANCE. - +HEALTH INSURANCE. (a) Amendment to McCarran-Ferguson Act.--Section 3 of the Act of March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following: @@ -31,51 +36,45 @@ the business of health insurance (including the business of dental insurance and limited-scope dental benefits). ``(2) Paragraph (1) shall not apply with respect to making a contract, or engaging in a combination or conspiracy-- - ``(A) to collect, compile, or disseminate historical loss - data; - ``(B) to determine a loss development factor applicable to - historical loss data; - ``(C) to perform actuarial services if such contract, - combination, or conspiracy does not involve a restraint of - trade; or - ``(D) to develop or disseminate a standard insurance policy - form (including a standard addendum to an insurance policy form - and standard terminology in an insurance policy form) if such - contract, combination, or conspiracy is not to adhere to such - standard form or require adherence to such standard form. + ``(A) to collect, compile, or disseminate historical loss data; + ``(B) to determine a loss development factor applicable to + historical loss data; + ``(C) to perform actuarial services if such contract, + combination, or conspiracy does not involve a restraint of trade; + or + ``(D) to develop or disseminate a standard insurance policy + form (including a standard addendum to an insurance policy form and + standard terminology in an insurance policy form) if such contract, + combination, or conspiracy is not to adhere to such standard form + or require adherence to such standard form. ``(3) For purposes of this subsection-- - ``(A) the term `antitrust laws' has the meaning given it in - subsection (a) of the first section of the Clayton Act (15 - U.S.C. 12), except that such term includes section 5 of the - Federal Trade Commission Act (15 U.S.C. 45) to the extent that - such section 5 applies to unfair methods of competition; - ``(B) the term `business of health insurance (including the - business of dental insurance and limited-scope dental - benefits)' does not include-- - ``(i) the business of life insurance (including - annuities); or - ``(ii) the business of property or casualty - insurance, including but not limited to-- - ``(I) any insurance or benefits defined as - `excepted benefits' under paragraph (1), - subparagraph (B) or (C) of paragraph (2), or - paragraph (3) of section 9832(c) of the - Internal Revenue Code of 1986 (26 U.S.C. - 9832(c)) whether offered separately or in - combination with insurance or benefits - described in paragraph (2)(A) of such section; - and - ``(II) any other line of insurance that is - classified as property or casualty insurance - under State law; - ``(C) the term `historical loss data' means information - respecting claims paid, or reserves held for claims reported, - by any person engaged in the business of insurance; and - ``(D) the term `loss development factor' means an - adjustment to be made to reserves held for losses incurred for - claims reported by any person engaged in the business of - insurance, for the purpose of bringing such reserves to an - ultimate paid basis.''. + ``(A) the term `antitrust laws' has the meaning given it in + subsection (a) of the first section of the Clayton Act (15 U.S.C. + 12), except that such term includes section 5 of the Federal Trade + Commission Act (15 U.S.C. 45) to the extent that such section 5 + applies to unfair methods of competition; + ``(B) the term `business of health insurance (including the + business of dental insurance and limited-scope dental benefits)' + does not include-- + ``(i) the business of life insurance (including annuities); + or + ``(ii) the business of property or casualty insurance, + including but not limited to-- + ``(I) any insurance or benefits defined as `excepted + benefits' under paragraph (1), subparagraph (B) or (C) of + paragraph (2), or paragraph (3) of section 9832(c) of the + Internal Revenue Code of 1986 (26 U.S.C. 9832(c)) whether + offered separately or in combination with insurance or + benefits described in paragraph (2)(A) of such section; and + ``(II) any other line of insurance that is classified + as property or casualty insurance under State law; + ``(C) the term `historical loss data' means information + respecting claims paid, or reserves held for claims reported, by + any person engaged in the business of insurance; and + ``(D) the term `loss development factor' means an adjustment to + be made to reserves held for losses incurred for claims reported by + any person engaged in the business of insurance, for the purpose of + bringing such reserves to an ultimate paid basis.''. (b) Related Provision.--For purposes of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition, section 3(c) of the McCarran-Ferguson @@ -83,9 +82,7 @@ Act shall apply with respect to the business of health insurance without regard to whether such business is carried on for profit, notwithstanding the definition of ``Corporation'' contained in section 4 of the Federal Trade Commission Act. - SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -93,20 +90,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 21, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 1418 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To restore the application of the Federal antitrust laws to the - business of health insurance to protect competition and consumers. + Vice President of the United States and + President of the Senate. From 5b99833e40d61d710b65012e9fa109e3598aa69e Mon Sep 17 00:00:00 2001 From: "Rep. Gonzalez, Anthony [R-OH-16]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 149/984] House-1424: Introduced to House --- bills_text/House-1424.txt | 54 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 54 insertions(+) create mode 100644 bills_text/House-1424.txt diff --git a/bills_text/House-1424.txt b/bills_text/House-1424.txt new file mode 100644 index 0000000..f6c17ad --- /dev/null +++ b/bills_text/House-1424.txt @@ -0,0 +1,54 @@ +116th CONGRESS + 1st Session + H. R. 1424 + + To amend title 38, United States Code, to ensure the Secretary of + Veterans Affairs permits the display of Fallen Soldier Displays in + national cemeteries. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 28, 2019 + + Mr. Gonzalez of Ohio (for himself, Mr. Chabot, Mr. Wenstrup, Mrs. + Beatty, Mr. Jordan, Ms. Kaptur, Mr. Johnson of Ohio, Mr. Turner, Mr. + Ryan, Ms. Fudge, Mr. Gibbs, Mr. Stivers, Mr. Joyce of Ohio, Mr. + Davidson of Ohio, Mr. Latta, and Mr. Balderson) introduced the + following bill; which was referred to the Committee on Veterans' + Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend title 38, United States Code, to ensure the Secretary of + Veterans Affairs permits the display of Fallen Soldier Displays in + national cemeteries. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Fallen Warrior Battlefield Cross +Memorial Act''. + +SEC. 2. AUTHORIZATION FOR FALLEN SOLDIER DISPLAYS IN NATIONAL + CEMETERIES. + + Section 2403 of title 38, United States Code, is amended by adding +at the end the following new subsection: + ``(d)(1) Subject to standards established by the Secretary, the +Secretary shall permit the display of a Fallen Soldier Display in any +national cemetery. + ``(2) In this subsection, the term `Fallen Soldier Display' means a +memorial monument in honor of fallen members of the Armed Forces that +may include a replica of an inverted rifle, boots, helmets, and +identification tag.''. + \ No newline at end of file From 3523289db331fa81905ae0cd0d547a2a2449d6b6 Mon Sep 17 00:00:00 2001 From: "Rep. Gonzalez, Anthony [R-OH-16]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 150/984] House-1424: Engrossed in House --- bills_text/House-1424.txt | 41 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 21 deletions(-) diff --git a/bills_text/House-1424.txt b/bills_text/House-1424.txt index f6c17ad..119a7d0 100644 --- a/bills_text/House-1424.txt +++ b/bills_text/House-1424.txt @@ -2,28 +2,9 @@ 1st Session H. R. 1424 - To amend title 38, United States Code, to ensure the Secretary of - Veterans Affairs permits the display of Fallen Soldier Displays in - national cemeteries. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 28, 2019 - - Mr. Gonzalez of Ohio (for himself, Mr. Chabot, Mr. Wenstrup, Mrs. - Beatty, Mr. Jordan, Ms. Kaptur, Mr. Johnson of Ohio, Mr. Turner, Mr. - Ryan, Ms. Fudge, Mr. Gibbs, Mr. Stivers, Mr. Joyce of Ohio, Mr. - Davidson of Ohio, Mr. Latta, and Mr. Balderson) introduced the - following bill; which was referred to the Committee on Veterans' - Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -51,4 +32,22 @@ national cemetery. memorial monument in honor of fallen members of the Armed Forces that may include a replica of an inverted rifle, boots, helmets, and identification tag.''. - \ No newline at end of file + + Passed the House of Representatives November 12, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1424 + +_______________________________________________________________________ + + AN ACT + + To amend title 38, United States Code, to ensure the Secretary of + Veterans Affairs permits the display of Fallen Soldier Displays in + national cemeteries. From eb3893f875edc327bbcdc753a03dc0f28a1e2f47 Mon Sep 17 00:00:00 2001 From: "Rep. Gonzalez, Anthony [R-OH-16]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 151/984] House-1424: Enrolled --- bills_text/House-1424.txt | 47 ++++++++++++++++----------------------- 1 file changed, 19 insertions(+), 28 deletions(-) diff --git a/bills_text/House-1424.txt b/bills_text/House-1424.txt index 119a7d0..0e1e055 100644 --- a/bills_text/House-1424.txt +++ b/bills_text/House-1424.txt @@ -1,28 +1,33 @@ -116th CONGRESS - 1st Session - H. R. 1424 + H.R.1424 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To amend title 38, United States Code, to ensure the Secretary of - Veterans Affairs permits the display of Fallen Soldier Displays in + Veterans Affairs permits the display of Fallen Soldier Displays in national cemeteries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Fallen Warrior Battlefield Cross Memorial Act''. - SEC. 2. AUTHORIZATION FOR FALLEN SOLDIER DISPLAYS IN NATIONAL - CEMETERIES. - +CEMETERIES. Section 2403 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) Subject to standards established by the Secretary, the @@ -33,21 +38,7 @@ memorial monument in honor of fallen members of the Armed Forces that may include a replica of an inverted rifle, boots, helmets, and identification tag.''. - Passed the House of Representatives November 12, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1424 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - - To amend title 38, United States Code, to ensure the Secretary of - Veterans Affairs permits the display of Fallen Soldier Displays in - national cemeteries. + Vice President of the United States and + President of the Senate. From 9be919ce5e06cfb8602a1e78709dda4b729139fb Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 152/984] House-1449: Introduced to House --- bills_text/House-1449.txt | 47 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 47 insertions(+) create mode 100644 bills_text/House-1449.txt diff --git a/bills_text/House-1449.txt b/bills_text/House-1449.txt new file mode 100644 index 0000000..fe381a1 --- /dev/null +++ b/bills_text/House-1449.txt @@ -0,0 +1,47 @@ +116th CONGRESS + 1st Session + H. R. 1449 + + To designate the facility of the United States Postal Service located + at 3033 203rd Street in Olympia Fields, Illinois, as the ``Captain + Robert L. Martin Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 28, 2019 + + Ms. Kelly of Illinois (for herself, Mr. Rush, Mr. Lipinski, Mr. + Quigley, Mr. Casten of Illinois, Mr. Danny K. Davis of Illinois, Mr. + Krishnamoorthi, Ms. Schakowsky, Mr. Schneider, Mr. Foster, Mr. Rodney +Davis of Illinois, Ms. Underwood, Mrs. Bustos, Mr. LaHood, Ms. Jackson +Lee, Mr. Garcia of Illinois, Mr. Shimkus, and Mr. Bost) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 3033 203rd Street in Olympia Fields, Illinois, as the ``Captain + Robert L. Martin Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. CAPTAIN ROBERT L. MARTIN POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 3033 203rd Street in Olympia Fields, Illinois, shall be +known and designated as the ``Captain Robert L. Martin Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Captain +Robert L. Martin Post Office''. + \ No newline at end of file From 50b48070cfc4df180c67e54a05e953cba052188e Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 153/984] House-1449: Engrossed in House --- bills_text/House-1449.txt | 42 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 22 deletions(-) diff --git a/bills_text/House-1449.txt b/bills_text/House-1449.txt index fe381a1..0734544 100644 --- a/bills_text/House-1449.txt +++ b/bills_text/House-1449.txt @@ -2,29 +2,9 @@ 1st Session H. R. 1449 - To designate the facility of the United States Postal Service located - at 3033 203rd Street in Olympia Fields, Illinois, as the ``Captain - Robert L. Martin Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 28, 2019 - - Ms. Kelly of Illinois (for herself, Mr. Rush, Mr. Lipinski, Mr. - Quigley, Mr. Casten of Illinois, Mr. Danny K. Davis of Illinois, Mr. - Krishnamoorthi, Ms. Schakowsky, Mr. Schneider, Mr. Foster, Mr. Rodney -Davis of Illinois, Ms. Underwood, Mrs. Bustos, Mr. LaHood, Ms. Jackson -Lee, Mr. Garcia of Illinois, Mr. Shimkus, and Mr. Bost) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -44,4 +24,22 @@ known and designated as the ``Captain Robert L. Martin Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Captain Robert L. Martin Post Office''. - \ No newline at end of file + + Passed the House of Representatives April 30, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1449 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 3033 203rd Street in Olympia Fields, Illinois, as the ``Captain + Robert L. Martin Post Office''. From 8cf650db777c92eade72d81a01e21d6222fb2c3a Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 154/984] House-1449: Enrolled --- bills_text/House-1449.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-1449.txt b/bills_text/House-1449.txt index 0734544..1e41167 100644 --- a/bills_text/House-1449.txt +++ b/bills_text/House-1449.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 1449 + H.R.1449 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 3033 203rd Street in Olympia Fields, Illinois, as the ``Captain - Robert L. Martin Post Office''. +To designate the facility of the United States Postal Service located at + 3033 203rd Street in Olympia Fields, Illinois, as the ``Captain Robert + L. Martin Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. CAPTAIN ROBERT L. MARTIN POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 3033 203rd Street in Olympia Fields, Illinois, shall be known and designated as the ``Captain Robert L. Martin Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Captain Robert L. Martin Post Office''. - Passed the House of Representatives April 30, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1449 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 3033 203rd Street in Olympia Fields, Illinois, as the ``Captain - Robert L. Martin Post Office''. + Vice President of the United States and + President of the Senate. From e770bc60d5a389c93050093e7840eedd45b4770a Mon Sep 17 00:00:00 2001 From: "Rep. Tipton, Scott R. [R-CO-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 155/984] House-1492: Introduced to House --- bills_text/House-1492.txt | 50 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 50 insertions(+) create mode 100644 bills_text/House-1492.txt diff --git a/bills_text/House-1492.txt b/bills_text/House-1492.txt new file mode 100644 index 0000000..227689e --- /dev/null +++ b/bills_text/House-1492.txt @@ -0,0 +1,50 @@ +116th CONGRESS + 1st Session + H. R. 1492 + + To update the map of, and modify the maximum acreage available for + inclusion in, the Yucca House National Monument. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 4, 2019 + + Mr. Tipton introduced the following bill; which was referred to the + Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To update the map of, and modify the maximum acreage available for + inclusion in, the Yucca House National Monument. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Yucca House National Monument +Boundary Revision Act''. + +SEC. 2. YUCCA HOUSE NATIONAL MONUMENT AMENDMENTS. + + (a) Boundary Adjustment.--The boundaries of Yucca House National +Monument are revised to include the approximately 160 acres of land +generally depicted as ``Proposed Expansion Tract'' on the map entitled +``Yucca House National Monument Proposed Boundary Revision'', numbered +318/105,085, and dated August 2010. + (b) Map.--The map referred to in subsection (a) shall be on file +and available for public inspection in appropriate offices of the +National Park Service of the Department of the Interior. + (c) Acquisition.--Within the lands described in subsection (a), the +Secretary of the Interior may acquire lands and interests in lands by +donation. The Secretary of the Interior may pay administrative costs of +such donations with appropriated funds. + \ No newline at end of file From d9ad714708af5f31b95645c85c97dc8aecb23fe3 Mon Sep 17 00:00:00 2001 From: "Rep. Tipton, Scott R. [R-CO-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 156/984] House-1492: Engrossed in House --- bills_text/House-1492.txt | 76 ++++++++++++++++++++++----------------- 1 file changed, 44 insertions(+), 32 deletions(-) diff --git a/bills_text/House-1492.txt b/bills_text/House-1492.txt index 227689e..25a9ad0 100644 --- a/bills_text/House-1492.txt +++ b/bills_text/House-1492.txt @@ -1,50 +1,62 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 1492 +_______________________________________________________________________ + + AN ACT + + + To update the map of, and modify the maximum acreage available for inclusion in, the Yucca House National Monument. + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, -_______________________________________________________________________ +SECTION 1. SHORT TITLE. + This Act may be cited as the ``Yucca House National Monument +Expansion Act''. - IN THE HOUSE OF REPRESENTATIVES +SEC. 2. DEFINITIONS. - March 4, 2019 + In this Act: + (1) National monument.--The term ``National Monument'' + means the Yucca House National Monument in Cortez, Colorado, + established by Presidential Proclamation 1549. + (2) Map.--The term ``map'' means the map entitled ``Yucca + House National Monument Proposed Boundary Addition'', numbered + 318/105,085A, and dated February 27, 2019. + (3) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. - Mr. Tipton introduced the following bill; which was referred to the - Committee on Natural Resources +SEC. 3. YUCCA HOUSE NATIONAL MONUMENT LAND ACQUISITION. -_______________________________________________________________________ + (a) Acquisition.--The Secretary may acquire by donation the +approximately 160 acres of land and any interests in the land that is +identified on the map. + (b) Boundary.--On the acquisition of the land authorized under +subsection (a), the Secretary shall adjust the boundaries of the +National Monument to include the acquired land. + (c) Administration.--The land and any interests in land acquired +under subsection (a) shall be administered as part of the National +Monument. - A BILL + Passed the House of Representatives February 26, 2020. + Attest: - - To update the map of, and modify the maximum acreage available for - inclusion in, the Yucca House National Monument. + Clerk. +116th CONGRESS - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, + 2d Session -SECTION 1. SHORT TITLE. + H. R. 1492 - This Act may be cited as the ``Yucca House National Monument -Boundary Revision Act''. - -SEC. 2. YUCCA HOUSE NATIONAL MONUMENT AMENDMENTS. - - (a) Boundary Adjustment.--The boundaries of Yucca House National -Monument are revised to include the approximately 160 acres of land -generally depicted as ``Proposed Expansion Tract'' on the map entitled -``Yucca House National Monument Proposed Boundary Revision'', numbered -318/105,085, and dated August 2010. - (b) Map.--The map referred to in subsection (a) shall be on file -and available for public inspection in appropriate offices of the -National Park Service of the Department of the Interior. - (c) Acquisition.--Within the lands described in subsection (a), the -Secretary of the Interior may acquire lands and interests in lands by -donation. The Secretary of the Interior may pay administrative costs of -such donations with appropriated funds. - \ No newline at end of file +_______________________________________________________________________ + + AN ACT + + To update the map of, and modify the maximum acreage available for + inclusion in, the Yucca House National Monument. From d048591dccc6e463ecb3ba132cb55968a8a6e376 Mon Sep 17 00:00:00 2001 From: "Rep. Tipton, Scott R. [R-CO-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 157/984] House-1492: Enrolled --- bills_text/House-1492.txt | 62 ++++++++++++++++----------------------- 1 file changed, 26 insertions(+), 36 deletions(-) diff --git a/bills_text/House-1492.txt b/bills_text/House-1492.txt index 25a9ad0..779168c 100644 --- a/bills_text/House-1492.txt +++ b/bills_text/House-1492.txt @@ -1,38 +1,41 @@ -116th CONGRESS - 2d Session - H. R. 1492 + H.R.1492 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To update the map of, and modify the maximum acreage available for + To update the map of, and modify the maximum acreage available for inclusion in, the Yucca House National Monument. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Yucca House National Monument Expansion Act''. - SEC. 2. DEFINITIONS. - In this Act: - (1) National monument.--The term ``National Monument'' - means the Yucca House National Monument in Cortez, Colorado, - established by Presidential Proclamation 1549. - (2) Map.--The term ``map'' means the map entitled ``Yucca - House National Monument Proposed Boundary Addition'', numbered - 318/105,085A, and dated February 27, 2019. - (3) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - + (1) National monument.--The term ``National Monument'' means + the Yucca House National Monument in Cortez, Colorado, established + by Presidential Proclamation 1549. + (2) Map.--The term ``map'' means the map entitled ``Yucca House + National Monument Proposed Boundary Addition'', numbered 318/ + 105,085A, and dated February 27, 2019. + (3) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. SEC. 3. YUCCA HOUSE NATIONAL MONUMENT LAND ACQUISITION. - (a) Acquisition.--The Secretary may acquire by donation the approximately 160 acres of land and any interests in the land that is identified on the map. @@ -43,20 +46,7 @@ National Monument to include the acquired land. under subsection (a) shall be administered as part of the National Monument. - Passed the House of Representatives February 26, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - H. R. 1492 - -_______________________________________________________________________ - - AN ACT - - To update the map of, and modify the maximum acreage available for - inclusion in, the Yucca House National Monument. + Vice President of the United States and + President of the Senate. From afdbf406f6ded0d07f3228c21696fc147444ed46 Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 158/984] House-1503: Introduced to House --- bills_text/House-1503.txt | 113 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 113 insertions(+) create mode 100644 bills_text/House-1503.txt diff --git a/bills_text/House-1503.txt b/bills_text/House-1503.txt new file mode 100644 index 0000000..e9946a7 --- /dev/null +++ b/bills_text/House-1503.txt @@ -0,0 +1,113 @@ +116th CONGRESS + 1st Session + H. R. 1503 + + To amend the Federal Food, Drug, and Cosmetic Act regarding the list + under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act, + and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 5, 2019 + +Ms. Kelly of Illinois introduced the following bill; which was referred + to the Committee on Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + + To amend the Federal Food, Drug, and Cosmetic Act regarding the list + under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act, + and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Orange Book Transparency Act of +2019''. + +SEC. 2. ORANGE BOOK. + + (a) Patents.--Clause (iii) of section 505(j)(7)(A) of the Federal +Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended to read +as follows: + ``(iii)(I) When patent information submitted under subsection (b) +or (c) respecting a drug included on the list is to be published by the +Secretary, the Secretary shall, in revisions made under clause (ii), +include such information for such drug. + ``(II) The Secretary-- + ``(aa) shall include on the list, from such patent + information respecting a drug, drug substance (including active + ingredient) patents, drug product (including formulation and + composition) patents, and method of use patents; and + ``(bb) may choose to include on the list additional patent + information respecting the drug. + ``(III) The Secretary shall not include on the list any patent to +the extent such patent claims a device that is used for the delivery of +the drug. Notwithstanding the preceding sentence, the Secretary may +require (under other applicable provisions of law) the holder of the +approved application for a drug to submit, for purposes other than the +list under this paragraph, patent information respecting a device that +is used for the delivery of the drug.''. + (b) Listing of Exclusivities.--Subparagraph (A) of section +505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. +355(j)(7)) is amended by adding at the end the following: + ``(iv) For each drug included on the list, the Secretary shall +specify each exclusivity period that is applicable and has not +concluded under-- + ``(I) clause (iii) or (iv) of subsection (c)(3)(E) of this + section; + ``(II) clause (iv) or (v) of paragraph (5)(B) of this + subsection; + ``(III) clause (iii) or (iv) of paragraph (5)(F) of this + subsection; + ``(IV) section 505A; + ``(V) section 505E; or + ``(VI) section 527(a).''. + (c) Removal of Invalid Patents.-- + (1) In general.--Section 505(j)(7) of the Federal Food, + Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by + adding at the end the following: + ``(D)(i) The holder of an application approved under subsection (c) +for a drug on the list shall promptly notify the Secretary in writing +if either of the following occurs: + ``(I) The Patent Trial and Appeals Board issues a decision + that a patent for such drug is invalid. + ``(II) A court issues a decision from which no appeal may + be taken that a patent for such drug is invalid. + ``(ii) The holder of an approved application shall include in any +notification under clause (i) a copy of the decision described in +subclause (I) or (II) of clause (i). + ``(iii) The Secretary shall remove from the list any patent that is +determined to be invalid in a decision described in subclause (I) or +(II) of clause (i)-- + ``(I) promptly; but + ``(II) not before the expiration of any 180-day exclusivity + period under clause (iv) or (v) of paragraph (5)(B) that relies + on a certification described in paragraph (2)(A)(vii)(IV) that + such patent was invalid.''. + (2) Applicability.--Subparagraph (D) of section 505(j)(7) + of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. + 355(j)(7)), as added by paragraph (1), applies only with + respect to a decision described in such subparagraph that is + issued on or after the date of enactment of this Act. + (d) Review and Report.--Not later than one year after the date of +enactment of this Act, the Secretary of Health and Human Services, +acting through the Commissioner of Food and Drugs, shall-- + (1) review the types of patent information that should be + included on the list under section 507(j)(7) of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)); and + (2) report to the Congress on the results of such review, + including any recommendations about the types of patent + information that should be included on or removed from such + list. + \ No newline at end of file From 966eb752abaec5675e55071339db5042740962e0 Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 159/984] House-1503: Engrossed in House --- bills_text/House-1503.txt | 208 +++++++++++++++++++++++++++----------- 1 file changed, 148 insertions(+), 60 deletions(-) diff --git a/bills_text/House-1503.txt b/bills_text/House-1503.txt index e9946a7..b1a4e21 100644 --- a/bills_text/House-1503.txt +++ b/bills_text/House-1503.txt @@ -2,24 +2,9 @@ 1st Session H. R. 1503 - To amend the Federal Food, Drug, and Cosmetic Act regarding the list - under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act, - and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 5, 2019 - -Ms. Kelly of Illinois introduced the following bill; which was referred - to the Committee on Energy and Commerce - _______________________________________________________________________ - A BILL + AN ACT @@ -37,53 +22,92 @@ SECTION 1. SHORT TITLE. SEC. 2. ORANGE BOOK. - (a) Patents.--Clause (iii) of section 505(j)(7)(A) of the Federal -Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended to read -as follows: - ``(iii)(I) When patent information submitted under subsection (b) -or (c) respecting a drug included on the list is to be published by the -Secretary, the Secretary shall, in revisions made under clause (ii), -include such information for such drug. - ``(II) The Secretary-- - ``(aa) shall include on the list, from such patent - information respecting a drug, drug substance (including active - ingredient) patents, drug product (including formulation and - composition) patents, and method of use patents; and - ``(bb) may choose to include on the list additional patent - information respecting the drug. - ``(III) The Secretary shall not include on the list any patent to -the extent such patent claims a device that is used for the delivery of -the drug. Notwithstanding the preceding sentence, the Secretary may -require (under other applicable provisions of law) the holder of the -approved application for a drug to submit, for purposes other than the -list under this paragraph, patent information respecting a device that -is used for the delivery of the drug.''. - (b) Listing of Exclusivities.--Subparagraph (A) of section + (a) Submission of Patent Information for Brand Name Drugs.-- +Paragraph (1) of section 505(b) of the Federal Food, Drug, and Cosmetic +Act (21 U.S.C. 355(b)) is amended to read as follows: + ``(b)(1) Any person may file with the Secretary an application with +respect to any drug subject to the provisions of subsection (a). Such +persons shall submit to the Secretary as part of the application-- + ``(A) full reports of investigations which have been made + to show whether or not such drug is safe for use and whether + such drug is effective in use; + ``(B) a full list of the articles used as components of + such drug; + ``(C) a full statement of the composition of such drug; + ``(D) a full description of the methods used in, and the + facilities and controls used for, the manufacture, processing, + and packing of such drug; + ``(E) such samples of such drug and of the articles used as + components thereof as the Secretary may require; + ``(F) specimens of the labeling proposed to be used for + such drug; + ``(G) any assessments required under section 505B; and + ``(H) patent information, with respect to each patent for + which a claim of patent infringement could reasonably be + asserted if a person not licensed by the owner engaged in the + manufacture, use, or sale of the drug, and consistent with the + following requirements: + ``(i) The applicant shall file with the application + the patent number and the expiration date of-- + ``(I) any patent which claims the drug for + which the applicant submitted the application + and is a drug substance (including active + ingredient) patent or a drug product (including + formulation and composition) patent; and + ``(II) any patent which claims the method + of using such drug. + ``(ii) If an application is filed under this + subsection for a drug and a patent of the type + described in clause (i) which claims such drug or a + method of using such drug is issued after the filing + date but before approval of the application, the + applicant shall amend the application to include such + patent information. +Upon approval of the application, the Secretary shall publish the +information submitted under subparagraph (H). The Secretary shall, in +consultation with the Director of the National Institutes of Health and +with representatives of the drug manufacturing industry, review and +develop guidance, as appropriate, on the inclusion of women and +minorities in clinical trials required by subparagraph (A).''. + (b) Conforming Changes to Requirements for Subsequent Submission of +Patent Information.--Section 505(c)(2) of the Federal Food, Drug, and +Cosmetic Act (21 U.S.C. 355(j)(7)) is amended-- + (1) by inserting after ``the patent number and the + expiration date of any patent which'' the following: ``fulfills + the criteria in subsection (b) and''; + (2) by inserting after the first sentence the following: + ``Patent information that is not the type of patent information + required by subsection (b) shall not be submitted.''; and + (3) by inserting after ``could not file patent information + under subsection (b) because no patent'' the following: ``of + the type required to be submitted in subsection (b)''. + (c) Listing of Exclusivities.--Subparagraph (A) of section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: ``(iv) For each drug included on the list, the Secretary shall specify each exclusivity period that is applicable and has not concluded under-- - ``(I) clause (iii) or (iv) of subsection (c)(3)(E) of this - section; + ``(I) clause (ii), (iii), or (iv) of subsection (c)(3)(E) + of this section; ``(II) clause (iv) or (v) of paragraph (5)(B) of this subsection; - ``(III) clause (iii) or (iv) of paragraph (5)(F) of this - subsection; + ``(III) clause (ii), (iii), or (iv) of paragraph (5)(F) of + this subsection; ``(IV) section 505A; ``(V) section 505E; or ``(VI) section 527(a).''. - (c) Removal of Invalid Patents.-- + (d) Removal of Invalid Patents.-- (1) In general.--Section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: ``(D)(i) The holder of an application approved under subsection (c) -for a drug on the list shall promptly notify the Secretary in writing -if either of the following occurs: +for a drug on the list shall notify within 14 days the Secretary in +writing if either of the following occurs: ``(I) The Patent Trial and Appeals Board issues a decision - that a patent for such drug is invalid. - ``(II) A court issues a decision from which no appeal may - be taken that a patent for such drug is invalid. + from which no appeal has been or can be taken that a patent for + such drug is invalid. + ``(II) A court issues a decision from which no appeal has + been or can be taken that a patent for such drug is invalid. ``(ii) The holder of an approved application shall include in any notification under clause (i) a copy of the decision described in subclause (I) or (II) of clause (i). @@ -92,22 +116,86 @@ determined to be invalid in a decision described in subclause (I) or (II) of clause (i)-- ``(I) promptly; but ``(II) not before the expiration of any 180-day exclusivity - period under clause (iv) or (v) of paragraph (5)(B) that relies - on a certification described in paragraph (2)(A)(vii)(IV) that - such patent was invalid.''. + period under paragraph (5)(B)(iv) that relies on a + certification described in paragraph (2)(A)(vii)(IV) that such + patent was invalid.''. (2) Applicability.--Subparagraph (D) of section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), as added by paragraph (1), applies only with respect to a decision described in such subparagraph that is issued on or after the date of enactment of this Act. - (d) Review and Report.--Not later than one year after the date of + (e) Review and Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- - (1) review the types of patent information that should be - included on the list under section 507(j)(7) of the Federal - Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)); and - (2) report to the Congress on the results of such review, - including any recommendations about the types of patent - information that should be included on or removed from such - list. - \ No newline at end of file + (1) solicit public comment regarding the types of patent + information that should be included on the list under section + 507(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 + U.S.C. 355(j)(7)); and + (2) transmit to the Congress an evaluation of such + comments, including any recommendations about the types of + patent information that should be included on or removed from + such list. + +SEC. 3. GAO REPORT TO CONGRESS. + + (a) In General.--Not later than 1 year after the date of enactment +of this Act, the Comptroller General of the United States (referred to +in this section as the ``Comptroller General'') shall submit to the +Committee on Energy and Commerce of the House of Representatives a +report on the patents included in the list published under section +505(j)(7) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. +355(j)(7)), including an analysis and evaluation of the types of +patents included in such list and the claims such patents make about +the products they claim. + (b) Contents.--The Comptroller General shall include in the report +under subsection (a)-- + (1) data on the number of-- + (A) patents included in the list published under + paragraph (7) of section 505(j) of the Federal Food, + Drug and Cosmetic Act (21 U.S.C. 355(j)), that claim + the active ingredient or formulation of a drug in + combination with a device that is used for delivery of + the drug, together comprising the finished dosage form + of the drug; and + (B) claims in each patent that claim a device that + is used for the delivery of the drug, but do not claim + such device in combination with an active ingredient or + formulation of a drug; + (2) data on the date of inclusion in the list under + paragraph (7) of such section 505(j) for all patents under such + list, as compared to patents that claim a method of using the + drug in combination with a device; + (3) an analysis regarding the impact of including on the + list under paragraph (7) of such section 505(j) certain types + of patent information for drug product applicants and approved + application holders, including an analysis of whether-- + (A) the listing of the patents described in + paragraph (1)(A) delayed the market entry of one or + more drugs approved under such section 505(j); and + (B) not listing the patents described in paragraph + (1)(A) would delay the market entry of one or more such + drugs; and + (4) recommendations about which kinds of patents relating + to devices described in paragraph (1)(A) should be submitted to + the Secretary of Health and Human Services for inclusion on the + list under paragraph (7) of such section 505(j) and which + patents should not be required to be so submitted. + + Passed the House of Representatives May 8, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1503 + +_______________________________________________________________________ + + AN ACT + + To amend the Federal Food, Drug, and Cosmetic Act regarding the list + under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act, + and for other purposes. From e8075560b902b3908813a5bf6a5dc63ef06a0871 Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 160/984] House-1503: Enrolled --- bills_text/House-1503.txt | 382 ++++++++++++++++++++------------------ 1 file changed, 199 insertions(+), 183 deletions(-) diff --git a/bills_text/House-1503.txt b/bills_text/House-1503.txt index b1a4e21..e0277aa 100644 --- a/bills_text/House-1503.txt +++ b/bills_text/House-1503.txt @@ -1,201 +1,217 @@ -116th CONGRESS - 1st Session - H. R. 1503 + H.R.1503 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend the Federal Food, Drug, and Cosmetic Act regarding the list - under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act, - and for other purposes. + To amend the Federal Food, Drug, and Cosmetic Act regarding the list +under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act, and + for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Orange Book Transparency Act of -2019''. - -SEC. 2. ORANGE BOOK. - +2020''. +SEC. 2. ORANGE BOOK MODERNIZATION. (a) Submission of Patent Information for Brand Name Drugs.-- -Paragraph (1) of section 505(b) of the Federal Food, Drug, and Cosmetic -Act (21 U.S.C. 355(b)) is amended to read as follows: - ``(b)(1) Any person may file with the Secretary an application with -respect to any drug subject to the provisions of subsection (a). Such -persons shall submit to the Secretary as part of the application-- - ``(A) full reports of investigations which have been made - to show whether or not such drug is safe for use and whether - such drug is effective in use; - ``(B) a full list of the articles used as components of - such drug; - ``(C) a full statement of the composition of such drug; - ``(D) a full description of the methods used in, and the - facilities and controls used for, the manufacture, processing, - and packing of such drug; - ``(E) such samples of such drug and of the articles used as - components thereof as the Secretary may require; - ``(F) specimens of the labeling proposed to be used for - such drug; - ``(G) any assessments required under section 505B; and - ``(H) patent information, with respect to each patent for - which a claim of patent infringement could reasonably be - asserted if a person not licensed by the owner engaged in the - manufacture, use, or sale of the drug, and consistent with the - following requirements: - ``(i) The applicant shall file with the application - the patent number and the expiration date of-- - ``(I) any patent which claims the drug for - which the applicant submitted the application - and is a drug substance (including active - ingredient) patent or a drug product (including - formulation and composition) patent; and - ``(II) any patent which claims the method - of using such drug. - ``(ii) If an application is filed under this - subsection for a drug and a patent of the type - described in clause (i) which claims such drug or a - method of using such drug is issued after the filing - date but before approval of the application, the - applicant shall amend the application to include such - patent information. -Upon approval of the application, the Secretary shall publish the -information submitted under subparagraph (H). The Secretary shall, in -consultation with the Director of the National Institutes of Health and -with representatives of the drug manufacturing industry, review and -develop guidance, as appropriate, on the inclusion of women and -minorities in clinical trials required by subparagraph (A).''. - (b) Conforming Changes to Requirements for Subsequent Submission of -Patent Information.--Section 505(c)(2) of the Federal Food, Drug, and -Cosmetic Act (21 U.S.C. 355(j)(7)) is amended-- - (1) by inserting after ``the patent number and the - expiration date of any patent which'' the following: ``fulfills - the criteria in subsection (b) and''; - (2) by inserting after the first sentence the following: - ``Patent information that is not the type of patent information - required by subsection (b) shall not be submitted.''; and - (3) by inserting after ``could not file patent information - under subsection (b) because no patent'' the following: ``of - the type required to be submitted in subsection (b)''. + (1) In general.--Paragraph (1) of section 505(b) of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended to read + as follows: + ``(b)(1)(A) Any person may file with the Secretary an application +with respect to any drug subject to the provisions of subsection (a). +Such persons shall submit to the Secretary as part of the application-- + ``(i) full reports of investigations which have been made to + show whether such drug is safe for use and whether such drug is + effective in use; + ``(ii) a full list of the articles used as components of such + drug; + ``(iii) a full statement of the composition of such drug; + ``(iv) a full description of the methods used in, and the + facilities and controls used for, the manufacture, processing, and + packing of such drug; + ``(v) such samples of such drug and of the articles used as + components thereof as the Secretary may require; + ``(vi) specimens of the labeling proposed to be used for such + drug; + ``(vii) any assessments required under section 505B; and + ``(viii) the patent number and expiration date of each patent + for which a claim of patent infringement could reasonably be + asserted if a person not licensed by the owner of the patent + engaged in the manufacture, use, or sale of the drug, and that-- + ``(I) claims the drug for which the applicant submitted the + application and is a drug substance (active ingredient) patent + or a drug product (formulation or composition) patent; or + ``(II) claims a method of using such drug for which + approval is sought or has been granted in the application. + ``(B) If an application is filed under this subsection for a drug, +and a patent of the type described in subparagraph (A)(viii) is issued +after the filing date but before approval of the application, the +applicant shall amend the application to include the patent number and +expiration date.''. + (b) Subsequent Submission of Patent Information.-- + (1) In general.--Section 505(c)(2) of the Federal Food, Drug, + and Cosmetic Act (21 U.S.C. 355(c)(2)) is amended-- + (A) by inserting before the first sentence the following: + ``Not later than 30 days after the date of approval of an + application submitted under subsection (b), the holder of the + approved application shall file with the Secretary the patent + number and the expiration date of any patent described in + subsection (b)(1)(A)(viii), except that a patent that is + identified as claiming a method of using such drug shall be + filed only if the patent claims a method of use approved in the + application. If a patent described in subsection + (b)(1)(A)(viii) is issued after the date of approval of an + application submitted under subsection (b), the holder of the + approved application shall, not later than 30 days after the + date of issuance of the patent, file the patent number and the + expiration date of the patent, except that a patent that claims + a method of using such drug shall be filed only if approval for + such use has been granted in the application.''; + (B) in the first sentence following the sentences added by + subparagraph (A), by striking ``which claims the drug for + which'' and all that follows through ``of the drug.'' and + inserting ``described in subsection (b)(1)(A)(viii).''; + (C) in the second sentence following the sentences added by + subparagraph (A), by inserting after ``could not file patent + information under subsection (b) because no patent'' the + following: ``of the type for which information is required to + be submitted in subsection (b)(1)(A)(viii)''; and + (D) by adding at the end the following: ``Patent + information that is not the type of patent information required + by subsection (b)(1)(A)(viii) shall not be submitted under this + paragraph.''. + (2) Updating list.--Clause (iii) of section 505(j)(7)(A) of the + Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is + amended by striking ``(b) or''. (c) Listing of Exclusivities.--Subparagraph (A) of section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: ``(iv) For each drug included on the list, the Secretary shall -specify each exclusivity period that is applicable and has not -concluded under-- - ``(I) clause (ii), (iii), or (iv) of subsection (c)(3)(E) - of this section; - ``(II) clause (iv) or (v) of paragraph (5)(B) of this - subsection; - ``(III) clause (ii), (iii), or (iv) of paragraph (5)(F) of - this subsection; - ``(IV) section 505A; - ``(V) section 505E; or - ``(VI) section 527(a).''. - (d) Removal of Invalid Patents.-- - (1) In general.--Section 505(j)(7) of the Federal Food, - Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by - adding at the end the following: - ``(D)(i) The holder of an application approved under subsection (c) -for a drug on the list shall notify within 14 days the Secretary in -writing if either of the following occurs: - ``(I) The Patent Trial and Appeals Board issues a decision - from which no appeal has been or can be taken that a patent for - such drug is invalid. - ``(II) A court issues a decision from which no appeal has - been or can be taken that a patent for such drug is invalid. - ``(ii) The holder of an approved application shall include in any -notification under clause (i) a copy of the decision described in -subclause (I) or (II) of clause (i). - ``(iii) The Secretary shall remove from the list any patent that is -determined to be invalid in a decision described in subclause (I) or -(II) of clause (i)-- - ``(I) promptly; but - ``(II) not before the expiration of any 180-day exclusivity - period under paragraph (5)(B)(iv) that relies on a - certification described in paragraph (2)(A)(vii)(IV) that such - patent was invalid.''. - (2) Applicability.--Subparagraph (D) of section 505(j)(7) - of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. - 355(j)(7)), as added by paragraph (1), applies only with - respect to a decision described in such subparagraph that is - issued on or after the date of enactment of this Act. +specify any exclusivity period that is applicable, for which the +Secretary has determined the expiration date, and for which such period +has not yet expired, under-- + ``(I) clause (ii), (iii), or (iv) of subsection (c)(3)(E); + ``(II) clause (iv) or (v) of paragraph (5)(B); + ``(III) clause (ii), (iii), or (iv) of paragraph (5)(F); + ``(IV) section 505A; + ``(V) section 505E; + ``(VI) section 527(a); or + ``(VII) subsection (u).''. + (d) Orange Book Updates With Respect to Invalidated Patents.-- + (1) Amendment.--Section 505(j)(7) of the Federal Food, Drug, + and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the + end the following: + ``(D) In the case of a listed drug for which the list under +subparagraph (A)(i) includes a patent for such drug, and any claim of +the patent has been cancelled or invalidated pursuant to a final +decision issued by the Patent Trial and Appeal Board of the United +States Patent and Trademark Office or by a court, from which no appeal +has been, or can be, taken, if the holder of the applicable application +approved under subsection (c) determines that a patent for such drug, +or any patent information for such drug, no longer meets the listing +requirements under this section-- + ``(i) the holder of such approved application shall notify the + Secretary, in writing, within 14 days of such decision of such + cancellation or invalidation and request that such patent or patent + information, as applicable, be amended or withdrawn in accordance + with the decision issued by the Patent Trial and Appeal Board or a + court; + ``(ii) the holder of such approved application shall include in + any notification under clause (i) information related to such + patent cancellation or invalidation decision and submit such + information, including a copy of such decision, to the Secretary; + and + ``(iii) the Secretary shall, in response to a notification + under clause (i), amend or remove patent or patent information in + accordance with the relevant decision from the Patent Trial and + Appeals Board or court, as applicable, except that the Secretary + shall not remove from the list any patent or patent information + before the expiration of any 180-day exclusivity period under + paragraph (5)(B)(iv) that relies on a certification described in + paragraph (2)(A)(vii)(IV).''. + (2) Applicability.--Subparagraph (D) of section 505(j)(7) of + the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), as + added by paragraph (1), applies only with respect to a decision + described in such subparagraph that is issued on or after the date + of enactment of this Act. (e) Review and Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- - (1) solicit public comment regarding the types of patent - information that should be included on the list under section - 507(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 - U.S.C. 355(j)(7)); and - (2) transmit to the Congress an evaluation of such - comments, including any recommendations about the types of - patent information that should be included on or removed from - such list. - -SEC. 3. GAO REPORT TO CONGRESS. - - (a) In General.--Not later than 1 year after the date of enactment -of this Act, the Comptroller General of the United States (referred to -in this section as the ``Comptroller General'') shall submit to the -Committee on Energy and Commerce of the House of Representatives a -report on the patents included in the list published under section -505(j)(7) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. -355(j)(7)), including an analysis and evaluation of the types of -patents included in such list and the claims such patents make about -the products they claim. - (b) Contents.--The Comptroller General shall include in the report -under subsection (a)-- - (1) data on the number of-- - (A) patents included in the list published under - paragraph (7) of section 505(j) of the Federal Food, - Drug and Cosmetic Act (21 U.S.C. 355(j)), that claim - the active ingredient or formulation of a drug in - combination with a device that is used for delivery of - the drug, together comprising the finished dosage form - of the drug; and - (B) claims in each patent that claim a device that - is used for the delivery of the drug, but do not claim - such device in combination with an active ingredient or - formulation of a drug; - (2) data on the date of inclusion in the list under - paragraph (7) of such section 505(j) for all patents under such - list, as compared to patents that claim a method of using the - drug in combination with a device; - (3) an analysis regarding the impact of including on the - list under paragraph (7) of such section 505(j) certain types - of patent information for drug product applicants and approved - application holders, including an analysis of whether-- - (A) the listing of the patents described in - paragraph (1)(A) delayed the market entry of one or - more drugs approved under such section 505(j); and - (B) not listing the patents described in paragraph - (1)(A) would delay the market entry of one or more such - drugs; and - (4) recommendations about which kinds of patents relating - to devices described in paragraph (1)(A) should be submitted to - the Secretary of Health and Human Services for inclusion on the - list under paragraph (7) of such section 505(j) and which - patents should not be required to be so submitted. - - Passed the House of Representatives May 8, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1503 - -_______________________________________________________________________ - - AN ACT - - To amend the Federal Food, Drug, and Cosmetic Act regarding the list - under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act, - and for other purposes. + (1) solicit public comment regarding the types of patent + information that should be included on, or removed from, the list + under section 507(j)(7) of the Federal Food, Drug, and Cosmetic Act + (21 U.S.C. 355(j)(7)); and + (2) transmit to Congress a summary of such comments and actions + the Food and Drug Administration is considering taking, if any, in + response to public comment pursuant to paragraph (1) about the + types of patent information that should be included or removed from + such list. + (f) GAO Report to Congress.-- + (1) In general.--Not later than 2 years after the date of + enactment of this Act, the Comptroller General of the United States + (referred to in this section as the ``Comptroller General'') shall + submit to the Committee on Health, Education, Labor, and Pensions + of the Senate and the Committee on Energy and Commerce of the House + of Representatives a report on the patents included in the list + published under section 505(j)(7) of the Federal Food, Drug and + Cosmetic Act (21 U.S.C. 355(j)(7)) that claim an active ingredient + or formulation of a drug in combination with a device that is used + for delivery of such drug, including an analysis of such patents + and their claims. + (2) Content.--The Comptroller General shall include in the + report under paragraph (1)-- + (A) data on-- + (i) the number of patents included in the list + published under section 505(j)(7) of the Federal Food, Drug + and Cosmetic Act (21 U.S.C. 355(j)(7)) that claim the + active ingredient or formulation of a drug in combination + with a device that is used for delivery of the drug, and + that together claim the finished dosage form of the drug; + and + (ii) the number of claims with respect to each patent + included in the list published under such section 505(j)(7) + that claim a device that is used for the delivery of the + drug, but do not claim such device in combination with an + active ingredient or formulation of a drug; + (B) an analysis of the listing of patents described in + subparagraph (A)(ii), including the timing of listing such + patents in relation to patents described in subparagraph + (A)(i), and the effect listing the patents described in + subparagraph (A)(ii) has on market entry of one or more drugs + approved under section 505(j) of the Federal Food, Drug, and + Cosmetic Act as compared to the effect of not listing the + patents described in subparagraph (A)(ii); and + (C) recommendations about which kinds of patents relating + to devices described in subparagraph (A)(i) should be submitted + to the Secretary of Health and Human Services for inclusion on + the list under section 505(j)(7) of the Federal Food, Drug, and + Cosmetic Act and which patents should not be required to be so + submitted in order to reduce barriers to approval and market + entry. + (g) Conforming Amendments.--Section 505 of the Federal Food, Drug, +and Cosmetic Act (21 U.S.C. 355) is amended-- + (1) in subsection (c)(3)(E), by striking ``clause (A) of + subsection (b)(1)'' each place it appears and inserting + ``subsection (b)(1)(A)(i)''; and + (2) in subsection (j)(2)(A)(vi), by striking ``clauses (B) + through (F) of subsection (b)(1)'' and inserting ``clauses (ii) + through (vi) of subsection (b)(1)(A)''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 4f6f7f663f1731edc3b6b0bb2be6c64e623d5b49 Mon Sep 17 00:00:00 2001 From: "Rep. Eshoo, Anna G. [D-CA-18]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 161/984] House-1520: Introduced to House --- bills_text/House-1520.txt | 126 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 126 insertions(+) create mode 100644 bills_text/House-1520.txt diff --git a/bills_text/House-1520.txt b/bills_text/House-1520.txt new file mode 100644 index 0000000..aac79d2 --- /dev/null +++ b/bills_text/House-1520.txt @@ -0,0 +1,126 @@ +116th CONGRESS + 1st Session + H. R. 1520 + + To amend the Public Health Service Act to provide for the publication + of a list of licensed biological products, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 5, 2019 + + Ms. Eshoo introduced the following bill; which was referred to the + Committee on Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + + To amend the Public Health Service Act to provide for the publication + of a list of licensed biological products, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Purple Book Continuity Act of +2019''. + +SEC. 2. PUBLIC LISTING. + + Section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) +is amended by adding at the end the following: + ``(9) Public listing.-- + ``(A) In general.-- + ``(i) Initial publication.--Not later than + 60 days after the date of enactment of the + Purple Book Continuity Act of 2019, the + Secretary shall publish and make available to + the public electronically-- + ``(I) a list in alphabetical order + of the official and proprietary name of + each biological product for which a + biologics license under subsection (a) + or this subsection is in effect as of + such date of enactment; + ``(II) the date of licensing if the + biological product is licensed after + 1981 and the number of the application + which was approved; and + ``(III) whether in vitro or in vivo + bioequivalence studies, or both such + studies, are required for applications + filed under this subsection which will + refer to the biological product + published. + ``(ii) Revisions.--Every 30 days after the + publication of the first list under clause (i), + the Secretary shall revise the list to include + each biological product which has been licensed + under subsection (a) or this subsection during + the 30-day period. + ``(iii) Patent information.--When patent + information has been provided by the reference + product sponsor to the subsection (k) applicant + respecting a biological product included on the + list published under this subparagraph, the + Secretary shall, in revisions made under clause + (ii), include such information for such + biological product. + ``(B) Date of publication.--A biological product + for which a license is in effect under subsection (a) + or this subsection shall, for purposes of this + subsection, be considered to have been published under + subparagraph (A) on the later of-- + ``(i) the date of its licensing; or + ``(ii) the date of its publication in the + list that-- + ``(I) was published under this + section before the initial publication + of the list under subparagraph (A); and + ``(II) was equivalent to the list + published under section 505(j)(7) of + the Federal Food, Drug, and Cosmetic + Act and comprised of patents associated + with applications filed under + subsection (a) of this section or under + this subsection. + ``(C) Withdrawal or suspension of licensure.--If + the licensing of a biological product was withdrawn or + suspended for safety, purity, or potency reasons, it + may not be published in the list under subparagraph + (A). If the withdrawal or suspension occurred after its + publication in such list-- + ``(i) it shall be immediately removed from + such list-- + ``(I) for the same period as the + withdrawal or suspension; or + ``(II) if the listed drug has been + withdrawn from sale, for the period of + withdrawal from sale or, if earlier, + the period ending on the date the + Secretary determines that the + withdrawal from sale is not for safety, + purity, or potency reasons; and + ``(ii) a notice of the removal shall be + published in the Federal Register.''. + +SEC. 3. REVIEW AND REPORT ON TYPES OF BIOLOGICAL PRODUCT PATENTS TO BE + LISTED. + + Not later than 3 years after the date of enactment of this Act, the +Secretary of Health and Human Services shall-- + (1) complete a review of, and formulate recommendations on, + the types of biological product patents that should be included + in or removed from the list required by paragraph (9) of + section 351(k) of the Public Health Service Act (42 U.S.C. + 262(k)), as added by section 2; and + (2) report such recommendations to the Congress. + \ No newline at end of file From 063cfef5d77495cf13cda437c5f102730d824185 Mon Sep 17 00:00:00 2001 From: "Rep. Eshoo, Anna G. [D-CA-18]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 162/984] House-1520: Engrossed in House --- bills_text/House-1520.txt | 162 +++++++++++++++++++++----------------- 1 file changed, 88 insertions(+), 74 deletions(-) diff --git a/bills_text/House-1520.txt b/bills_text/House-1520.txt index aac79d2..843150e 100644 --- a/bills_text/House-1520.txt +++ b/bills_text/House-1520.txt @@ -2,23 +2,9 @@ 1st Session H. R. 1520 - To amend the Public Health Service Act to provide for the publication - of a list of licensed biological products, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 5, 2019 - - Ms. Eshoo introduced the following bill; which was referred to the - Committee on Energy and Commerce - _______________________________________________________________________ - A BILL + AN ACT @@ -40,87 +26,115 @@ is amended by adding at the end the following: ``(9) Public listing.-- ``(A) In general.-- ``(i) Initial publication.--Not later than - 60 days after the date of enactment of the + 180 days after the date of enactment of the Purple Book Continuity Act of 2019, the Secretary shall publish and make available to - the public electronically-- + the public in a searchable, electronic format-- ``(I) a list in alphabetical order - of the official and proprietary name of + of the nonproprietary or proper name of each biological product for which a biologics license under subsection (a) - or this subsection is in effect as of - such date of enactment; - ``(II) the date of licensing if the - biological product is licensed after - 1981 and the number of the application - which was approved; and - ``(III) whether in vitro or in vivo - bioequivalence studies, or both such - studies, are required for applications - filed under this subsection which will - refer to the biological product - published. + or this subsection is in effect, or + that has been deemed to be licensed + under this section pursuant to section + 7002(e)(4) of the Biologics Price + Competition and Innovation Act of 2009, + as of such date of enactment; + ``(II) the date of approval of the + marketing application and the + application number; and + ``(III) the marketing or licensure + status of the biological product for + which a biologics license under + subsection (a) or this subsection is in + effect or that has been deemed to be + licensed under this section pursuant to + section 7002(e)(4) of the Biologics + Price Competition and Innovation Act of + 2009. ``(ii) Revisions.--Every 30 days after the publication of the first list under clause (i), the Secretary shall revise the list to include each biological product which has been licensed under subsection (a) or this subsection during the 30-day period. - ``(iii) Patent information.--When patent - information has been provided by the reference - product sponsor to the subsection (k) applicant - respecting a biological product included on the - list published under this subparagraph, the - Secretary shall, in revisions made under clause - (ii), include such information for such - biological product. - ``(B) Date of publication.--A biological product - for which a license is in effect under subsection (a) - or this subsection shall, for purposes of this - subsection, be considered to have been published under - subparagraph (A) on the later of-- - ``(i) the date of its licensing; or - ``(ii) the date of its publication in the - list that-- - ``(I) was published under this - section before the initial publication - of the list under subparagraph (A); and - ``(II) was equivalent to the list - published under section 505(j)(7) of - the Federal Food, Drug, and Cosmetic - Act and comprised of patents associated - with applications filed under - subsection (a) of this section or under - this subsection. - ``(C) Withdrawal or suspension of licensure.--If + ``(iii) Patent information.--Not later than + 30 days after a list of patents under + subsection (l)(3)(A), or a supplement to such + list under subsection (l)(7), has been provided + by the reference product sponsor to the + subsection (k) applicant respecting a + biological product included on the list + published under this subparagraph, the + reference product sponsor shall provide such + list of patents (or supplement thereto) and + their corresponding expiry dates to the + Secretary, and the Secretary shall, in + revisions made under clause (ii), include such + information for such biological product. Within + 30 days of providing any subsequent or + supplemental list of patents to any subsequent + subsection (k) applicant under subsection + (l)(3)(A) or (l)(7), the reference product + sponsor shall update the information provided + to the Secretary under this clause with any + additional patents from such subsequent or + supplemental list and their corresponding + expiry dates. + ``(iv) Listing of exclusivities.--For each + biological product included on the list + published under this subparagraph, the + Secretary shall specify each exclusivity period + that is applicable and has not concluded under + paragraph (6) or paragraph (7). + ``(B) Withdrawal or suspension of licensure.--If the licensing of a biological product was withdrawn or suspended for safety, purity, or potency reasons, it may not be published in the list under subparagraph (A). If the withdrawal or suspension occurred after its - publication in such list-- - ``(i) it shall be immediately removed from - such list-- + publication in such list, the reference product sponsor + shall notify the Secretary that-- + ``(i) the biological product shall be + immediately removed from such list-- ``(I) for the same period as the withdrawal or suspension; or - ``(II) if the listed drug has been - withdrawn from sale, for the period of - withdrawal from sale or, if earlier, - the period ending on the date the - Secretary determines that the + ``(II) if the biological product + has been withdrawn from sale, for the + period of withdrawal from sale or, if + earlier, the period ending on the date + the Secretary determines that the withdrawal from sale is not for safety, purity, or potency reasons; and ``(ii) a notice of the removal shall be published in the Federal Register.''. -SEC. 3. REVIEW AND REPORT ON TYPES OF BIOLOGICAL PRODUCT PATENTS TO BE - LISTED. +SEC. 3. REVIEW AND REPORT ON TYPES OF INFORMATION TO BE LISTED. Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall-- - (1) complete a review of, and formulate recommendations on, - the types of biological product patents that should be included - in or removed from the list required by paragraph (9) of - section 351(k) of the Public Health Service Act (42 U.S.C. - 262(k)), as added by section 2; and - (2) report such recommendations to the Congress. - \ No newline at end of file + (1) solicit public comment regarding the type of + information, if any, that should be added to or removed from + the list required by paragraph (9) of section 351(k) of the + Public Health Service Act (42 U.S.C. 262(k)), as added by + section 2; and + (2) transmit to Congress an evaluation of such comments, + including any recommendations about the types of information + that should be added to or removed from the list. + + Passed the House of Representatives May 8, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1520 + +_______________________________________________________________________ + + AN ACT + + To amend the Public Health Service Act to provide for the publication + of a list of licensed biological products, and for other purposes. From a701f3a3719513fe592a04998b5ba742375af1f0 Mon Sep 17 00:00:00 2001 From: "Rep. Eshoo, Anna G. [D-CA-18]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 163/984] House-1520: Enrolled --- bills_text/House-1520.txt | 148 ++++++-------------------------------- 1 file changed, 21 insertions(+), 127 deletions(-) diff --git a/bills_text/House-1520.txt b/bills_text/House-1520.txt index 843150e..47b5271 100644 --- a/bills_text/House-1520.txt +++ b/bills_text/House-1520.txt @@ -1,140 +1,34 @@ -116th CONGRESS - 1st Session - H. R. 1520 + H.R.1520 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + United States of America - - To amend the Public Health Service Act to provide for the publication - of a list of licensed biological products, and for other purposes. - - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, - -SECTION 1. SHORT TITLE. - - This Act may be cited as the ``Purple Book Continuity Act of -2019''. -SEC. 2. PUBLIC LISTING. + AT THE SECOND SESSION - Section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) -is amended by adding at the end the following: - ``(9) Public listing.-- - ``(A) In general.-- - ``(i) Initial publication.--Not later than - 180 days after the date of enactment of the - Purple Book Continuity Act of 2019, the - Secretary shall publish and make available to - the public in a searchable, electronic format-- - ``(I) a list in alphabetical order - of the nonproprietary or proper name of - each biological product for which a - biologics license under subsection (a) - or this subsection is in effect, or - that has been deemed to be licensed - under this section pursuant to section - 7002(e)(4) of the Biologics Price - Competition and Innovation Act of 2009, - as of such date of enactment; - ``(II) the date of approval of the - marketing application and the - application number; and - ``(III) the marketing or licensure - status of the biological product for - which a biologics license under - subsection (a) or this subsection is in - effect or that has been deemed to be - licensed under this section pursuant to - section 7002(e)(4) of the Biologics - Price Competition and Innovation Act of - 2009. - ``(ii) Revisions.--Every 30 days after the - publication of the first list under clause (i), - the Secretary shall revise the list to include - each biological product which has been licensed - under subsection (a) or this subsection during - the 30-day period. - ``(iii) Patent information.--Not later than - 30 days after a list of patents under - subsection (l)(3)(A), or a supplement to such - list under subsection (l)(7), has been provided - by the reference product sponsor to the - subsection (k) applicant respecting a - biological product included on the list - published under this subparagraph, the - reference product sponsor shall provide such - list of patents (or supplement thereto) and - their corresponding expiry dates to the - Secretary, and the Secretary shall, in - revisions made under clause (ii), include such - information for such biological product. Within - 30 days of providing any subsequent or - supplemental list of patents to any subsequent - subsection (k) applicant under subsection - (l)(3)(A) or (l)(7), the reference product - sponsor shall update the information provided - to the Secretary under this clause with any - additional patents from such subsequent or - supplemental list and their corresponding - expiry dates. - ``(iv) Listing of exclusivities.--For each - biological product included on the list - published under this subparagraph, the - Secretary shall specify each exclusivity period - that is applicable and has not concluded under - paragraph (6) or paragraph (7). - ``(B) Withdrawal or suspension of licensure.--If - the licensing of a biological product was withdrawn or - suspended for safety, purity, or potency reasons, it - may not be published in the list under subparagraph - (A). If the withdrawal or suspension occurred after its - publication in such list, the reference product sponsor - shall notify the Secretary that-- - ``(i) the biological product shall be - immediately removed from such list-- - ``(I) for the same period as the - withdrawal or suspension; or - ``(II) if the biological product - has been withdrawn from sale, for the - period of withdrawal from sale or, if - earlier, the period ending on the date - the Secretary determines that the - withdrawal from sale is not for safety, - purity, or potency reasons; and - ``(ii) a notice of the removal shall be - published in the Federal Register.''. + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -SEC. 3. REVIEW AND REPORT ON TYPES OF INFORMATION TO BE LISTED. - Not later than 3 years after the date of enactment of this Act, the -Secretary of Health and Human Services shall-- - (1) solicit public comment regarding the type of - information, if any, that should be added to or removed from - the list required by paragraph (9) of section 351(k) of the - Public Health Service Act (42 U.S.C. 262(k)), as added by - section 2; and - (2) transmit to Congress an evaluation of such comments, - including any recommendations about the types of information - that should be added to or removed from the list. + An Act - Passed the House of Representatives May 8, 2019. - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1520 + + Making further continuing appropriations for fiscal year 2021, and for + other purposes. -_______________________________________________________________________ + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, That the Continuing +Appropriations Act, 2021 (division A of Public Law 116-159) is further +amended by striking the date specified in section 106(3) and inserting +``December 28, 2020''. + This Act may be cited as the ``Further Extension of Continuing +Appropriations Act, 2021''. - AN ACT + Speaker of the House of Representatives. - To amend the Public Health Service Act to provide for the publication - of a list of licensed biological products, and for other purposes. + Vice President of the United States and + President of the Senate. From 2c270828853b575a51b7995e39dcdce4b2723ebb Mon Sep 17 00:00:00 2001 From: "Rep. Heck, Denny [D-WA-10]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 164/984] House-1526: Introduced to House --- bills_text/House-1526.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-1526.txt diff --git a/bills_text/House-1526.txt b/bills_text/House-1526.txt new file mode 100644 index 0000000..0f15da4 --- /dev/null +++ b/bills_text/House-1526.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 1526 + + To designate the facility of the United States Postal Service located + at 200 Israel Road Southeast in Tumwater, Washington, as the ``Eva G. + Hewitt Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 5, 2019 + + Mr. Heck (for himself, Ms. DelBene, Mr. Larsen of Washington, Mr. + Newhouse, Mrs. Rodgers of Washington, Mr. Kilmer, Ms. Jayapal, Ms. + Schrier, and Mr. Smith of Washington) introduced the following bill; + which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 200 Israel Road Southeast in Tumwater, Washington, as the ``Eva G. + Hewitt Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. EVA G. HEWITT POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 200 Israel Road Southeast in Tumwater, Washington, shall be +known and designated as the ``Eva G. Hewitt Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Eva G. +Hewitt Post Office''. + \ No newline at end of file From 395bc1d0098df02ac02317dfed6fe421d5aa7d14 Mon Sep 17 00:00:00 2001 From: "Rep. Heck, Denny [D-WA-10]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 165/984] House-1526: Engrossed in House --- bills_text/House-1526.txt | 39 ++++++++++++++++++++------------------- 1 file changed, 20 insertions(+), 19 deletions(-) diff --git a/bills_text/House-1526.txt b/bills_text/House-1526.txt index 0f15da4..7632bf0 100644 --- a/bills_text/House-1526.txt +++ b/bills_text/House-1526.txt @@ -2,26 +2,9 @@ 1st Session H. R. 1526 - To designate the facility of the United States Postal Service located - at 200 Israel Road Southeast in Tumwater, Washington, as the ``Eva G. - Hewitt Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 5, 2019 - - Mr. Heck (for himself, Ms. DelBene, Mr. Larsen of Washington, Mr. - Newhouse, Mrs. Rodgers of Washington, Mr. Kilmer, Ms. Jayapal, Ms. - Schrier, and Mr. Smith of Washington) introduced the following bill; - which was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -41,4 +24,22 @@ known and designated as the ``Eva G. Hewitt Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Eva G. Hewitt Post Office''. - \ No newline at end of file + + Passed the House of Representatives July 17, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1526 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 200 Israel Road Southeast in Tumwater, Washington, as the ``Eva G. + Hewitt Post Office''. From b38175da8ded76e0daf32742a63df84de98b4fce Mon Sep 17 00:00:00 2001 From: "Rep. Heck, Denny [D-WA-10]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 166/984] House-1526: Enrolled --- bills_text/House-1526.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-1526.txt b/bills_text/House-1526.txt index 7632bf0..1a5233a 100644 --- a/bills_text/House-1526.txt +++ b/bills_text/House-1526.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 1526 + H.R.1526 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 200 Israel Road Southeast in Tumwater, Washington, as the ``Eva G. - Hewitt Post Office''. +To designate the facility of the United States Postal Service located at + 200 Israel Road Southeast in Tumwater, Washington, as the ``Eva G. + Hewitt Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. EVA G. HEWITT POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 200 Israel Road Southeast in Tumwater, Washington, shall be known and designated as the ``Eva G. Hewitt Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Eva G. Hewitt Post Office''. - Passed the House of Representatives July 17, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1526 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 200 Israel Road Southeast in Tumwater, Washington, as the ``Eva G. - Hewitt Post Office''. + Vice President of the United States and + President of the Senate. From 63d639e598437a50d730e5dfcce9af4eca1d2ea4 Mon Sep 17 00:00:00 2001 From: "Rep. O'Halleran, Tom [D-AZ-1]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 167/984] House-1569: Introduced to House --- bills_text/House-1569.txt | 40 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 40 insertions(+) create mode 100644 bills_text/House-1569.txt diff --git a/bills_text/House-1569.txt b/bills_text/House-1569.txt new file mode 100644 index 0000000..7601e4d --- /dev/null +++ b/bills_text/House-1569.txt @@ -0,0 +1,40 @@ +116th CONGRESS + 1st Session + H. R. 1569 + +To amend title 28, United States Code, to add Flagstaff and Yuma to the +list of locations in which court shall be held in the judicial district + for the State of Arizona. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 6, 2019 + +Mr. O'Halleran (for himself, Mrs. Kirkpatrick, Mr. Grijalva, Mr. Gosar, +Mr. Biggs, Mr. Schweikert, Mr. Gallego, and Mrs. Lesko) introduced the + following bill; which was referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To amend title 28, United States Code, to add Flagstaff and Yuma to the +list of locations in which court shall be held in the judicial district + for the State of Arizona. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DISTRICT COURTS IN THE JUDICIAL DISTRICT FOR THE STATE OF + ARIZONA. + + Section 82 of title 28, United States Code, is amended by striking +``Globe, Phoenix, Prescott, and Tucson'' and inserting ``Flagstaff, +Globe, Phoenix, Prescott, Tucson, and Yuma''. + \ No newline at end of file From 6f2d4e10b3f3f2d9160d70f791b83f08e781e638 Mon Sep 17 00:00:00 2001 From: "Rep. O'Halleran, Tom [D-AZ-1]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 168/984] House-1569: Engrossed in House --- bills_text/House-1569.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-1569.txt b/bills_text/House-1569.txt index 7601e4d..d127c5d 100644 --- a/bills_text/House-1569.txt +++ b/bills_text/House-1569.txt @@ -2,25 +2,9 @@ 1st Session H. R. 1569 -To amend title 28, United States Code, to add Flagstaff and Yuma to the -list of locations in which court shall be held in the judicial district - for the State of Arizona. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 6, 2019 - -Mr. O'Halleran (for himself, Mrs. Kirkpatrick, Mr. Grijalva, Mr. Gosar, -Mr. Biggs, Mr. Schweikert, Mr. Gallego, and Mrs. Lesko) introduced the - following bill; which was referred to the Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -37,4 +21,22 @@ SECTION 1. DISTRICT COURTS IN THE JUDICIAL DISTRICT FOR THE STATE OF Section 82 of title 28, United States Code, is amended by striking ``Globe, Phoenix, Prescott, and Tucson'' and inserting ``Flagstaff, Globe, Phoenix, Prescott, Tucson, and Yuma''. - \ No newline at end of file + + Passed the House of Representatives July 10, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1569 + +_______________________________________________________________________ + + AN ACT + +To amend title 28, United States Code, to add Flagstaff and Yuma to the +list of locations in which court shall be held in the judicial district + for the State of Arizona. From 6b46b36306eaae02f98d152fbb61264ae898dcb4 Mon Sep 17 00:00:00 2001 From: "Rep. O'Halleran, Tom [D-AZ-1]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 169/984] House-1569: Received in Senate --- bills_text/House-1569.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-1569.txt b/bills_text/House-1569.txt index d127c5d..af09c9f 100644 --- a/bills_text/House-1569.txt +++ b/bills_text/House-1569.txt @@ -2,6 +2,16 @@ 1st Session H. R. 1569 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 11, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -26,17 +36,6 @@ Globe, Phoenix, Prescott, Tucson, and Yuma''. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1569 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, -To amend title 28, United States Code, to add Flagstaff and Yuma to the -list of locations in which court shall be held in the judicial district - for the State of Arizona. + Clerk. From 36ccecb9a0dae7ce8140ea32a792b9eb7451fce5 Mon Sep 17 00:00:00 2001 From: "Rep. O'Halleran, Tom [D-AZ-1]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 170/984] House-1569: Enrolled --- bills_text/House-1569.txt | 32 +++++++++++++------------------- 1 file changed, 13 insertions(+), 19 deletions(-) diff --git a/bills_text/House-1569.txt b/bills_text/House-1569.txt index af09c9f..0685a46 100644 --- a/bills_text/House-1569.txt +++ b/bills_text/House-1569.txt @@ -1,41 +1,35 @@ -116th CONGRESS - 1st Session - H. R. 1569 + H.R.1569 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 11, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To amend title 28, United States Code, to add Flagstaff and Yuma to the list of locations in which court shall be held in the judicial district - for the State of Arizona. + for the State of Arizona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DISTRICT COURTS IN THE JUDICIAL DISTRICT FOR THE STATE OF - ARIZONA. - +ARIZONA. Section 82 of title 28, United States Code, is amended by striking ``Globe, Phoenix, Prescott, and Tucson'' and inserting ``Flagstaff, Globe, Phoenix, Prescott, Tucson, and Yuma''. - Passed the House of Representatives July 10, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 862d69169cfe663fcaeca9b2535fc35cea177b71 Mon Sep 17 00:00:00 2001 From: "Rep. Guest, Michael [R-MS-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 171/984] House-1590: Introduced to House --- bills_text/House-1590.txt | 82 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 82 insertions(+) create mode 100644 bills_text/House-1590.txt diff --git a/bills_text/House-1590.txt b/bills_text/House-1590.txt new file mode 100644 index 0000000..bd9330c --- /dev/null +++ b/bills_text/House-1590.txt @@ -0,0 +1,82 @@ +116th CONGRESS + 1st Session + H. R. 1590 + +To require an exercise related to terrorist and foreign fighter travel, + and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 7, 2019 + + Mr. Guest introduced the following bill; which was referred to the + Committee on Homeland Security + +_______________________________________________________________________ + + A BILL + + + +To require an exercise related to terrorist and foreign fighter travel, + and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Terrorist and Foreign Fighter Travel +Exercise Act of 2019''. + +SEC. 2. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL. + + (a) In General.--In addition to, or as part of exercise programs +currently carried out by the Department of Homeland Security, to +enhance domestic preparedness for and collective response to terrorism, +promote the dissemination of homeland security information, and test +the security posture of the United States, the Secretary of Homeland +Security, through appropriate offices and components of the Department +and in coordination with the heads of appropriate Federal departments +and agencies, shall develop and conduct an exercise related to the +detection and prevention of terrorist and foreign fighter travel. + (b) Exercise Requirements.--The exercise required under subsection +(a) shall include-- + (1) a scenario involving-- + (A) persons traveling from the United States to + join or provide material support or resources to a + terrorist organization abroad; and + (B) terrorist infiltration into the United States, + including by United States citizens and foreign + nationals; + (2) coordination with appropriate Federal departments and + agencies, foreign governments, and State, local, Tribal, and + territorial agencies, including law enforcement agencies and + representatives from the National Network of Fusion Centers; + and + (3) coordination with appropriate private sector and + community stakeholders. + (c) Report.--Not later than 60 days after the completion of the +exercise required under subsection (a), the Secretary of Homeland +Security shall, consistent with the protection of classified +information, submit to the Committee on Homeland Security of the House +of Representatives and the Committee on Homeland Security and +Governmental Affairs of the Senate an after-action report presenting +the initial findings of such exercise, plans for quickly incorporating +lessons learned into future operations of the Department of Homeland +Security, and any proposed legislative changes informed by such +exercise. + (d) Definition.--In this section, the term ``material support or +resources'' has the meaning given such term in section 2339A of title +18, United States Code. + +SEC. 3. EMERGING THREATS IN THE NATIONAL EXERCISE PROGRAM. + + Clause (i) of section 648(b)(2)(A) of the Post-Katrina Emergency +Management Reform Act of 2006 (6 U.S.C. 748(b)(2)) is amended by +inserting ``and emerging'' after ``credible''. + \ No newline at end of file From 1a83373bd1df2189b616245add44abe68e5143a0 Mon Sep 17 00:00:00 2001 From: "Rep. Guest, Michael [R-MS-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 172/984] House-1590: Engrossed in House --- bills_text/House-1590.txt | 35 +++++++++++++++++++---------------- 1 file changed, 19 insertions(+), 16 deletions(-) diff --git a/bills_text/House-1590.txt b/bills_text/House-1590.txt index bd9330c..8349849 100644 --- a/bills_text/House-1590.txt +++ b/bills_text/House-1590.txt @@ -2,23 +2,9 @@ 1st Session H. R. 1590 -To require an exercise related to terrorist and foreign fighter travel, - and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 7, 2019 - - Mr. Guest introduced the following bill; which was referred to the - Committee on Homeland Security - _______________________________________________________________________ - A BILL + AN ACT @@ -79,4 +65,21 @@ SEC. 3. EMERGING THREATS IN THE NATIONAL EXERCISE PROGRAM. Clause (i) of section 648(b)(2)(A) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)) is amended by inserting ``and emerging'' after ``credible''. - \ No newline at end of file + + Passed the House of Representatives April 1, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1590 + +_______________________________________________________________________ + + AN ACT + +To require an exercise related to terrorist and foreign fighter travel, + and for other purposes. From 63078fec9dc9c3de435d5cdedefdbcca472ab32b Mon Sep 17 00:00:00 2001 From: "Rep. Guest, Michael [R-MS-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 173/984] House-1590: Enrolled --- bills_text/House-1590.txt | 72 ++++++++++++++++----------------------- 1 file changed, 30 insertions(+), 42 deletions(-) diff --git a/bills_text/House-1590.txt b/bills_text/House-1590.txt index 8349849..5e76eb7 100644 --- a/bills_text/House-1590.txt +++ b/bills_text/House-1590.txt @@ -1,26 +1,31 @@ -116th CONGRESS - 1st Session - H. R. 1590 + H.R.1590 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To require an exercise related to terrorist and foreign fighter travel, - and for other purposes. + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Terrorist and Foreign Fighter Travel Exercise Act of 2019''. - SEC. 2. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL. - (a) In General.--In addition to, or as part of exercise programs currently carried out by the Department of Homeland Security, to enhance domestic preparedness for and collective response to terrorism, @@ -32,20 +37,18 @@ and agencies, shall develop and conduct an exercise related to the detection and prevention of terrorist and foreign fighter travel. (b) Exercise Requirements.--The exercise required under subsection (a) shall include-- - (1) a scenario involving-- - (A) persons traveling from the United States to - join or provide material support or resources to a - terrorist organization abroad; and - (B) terrorist infiltration into the United States, - including by United States citizens and foreign - nationals; - (2) coordination with appropriate Federal departments and - agencies, foreign governments, and State, local, Tribal, and - territorial agencies, including law enforcement agencies and - representatives from the National Network of Fusion Centers; - and - (3) coordination with appropriate private sector and - community stakeholders. + (1) a scenario involving-- + (A) persons traveling from the United States to join or + provide material support or resources to a terrorist + organization abroad; and + (B) terrorist infiltration into the United States, + including by United States citizens and foreign nationals; + (2) coordination with appropriate Federal departments and + agencies, foreign governments, and State, local, Tribal, and + territorial agencies, including law enforcement agencies and + representatives from the National Network of Fusion Centers; and + (3) coordination with appropriate private sector and community + stakeholders. (c) Report.--Not later than 60 days after the completion of the exercise required under subsection (a), the Secretary of Homeland Security shall, consistent with the protection of classified @@ -59,27 +62,12 @@ exercise. (d) Definition.--In this section, the term ``material support or resources'' has the meaning given such term in section 2339A of title 18, United States Code. - SEC. 3. EMERGING THREATS IN THE NATIONAL EXERCISE PROGRAM. - Clause (i) of section 648(b)(2)(A) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)) is amended by inserting ``and emerging'' after ``credible''. - Passed the House of Representatives April 1, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 1590 - -_______________________________________________________________________ - - AN ACT - -To require an exercise related to terrorist and foreign fighter travel, - and for other purposes. + Vice President of the United States and + President of the Senate. From 907fa8f891b146d66595354c0990ff811d63d42a Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 174/984] House-1668: Introduced to House --- bills_text/House-1668.txt | 203 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 203 insertions(+) create mode 100644 bills_text/House-1668.txt diff --git a/bills_text/House-1668.txt b/bills_text/House-1668.txt new file mode 100644 index 0000000..ae7d07b --- /dev/null +++ b/bills_text/House-1668.txt @@ -0,0 +1,203 @@ +116th CONGRESS + 1st Session + H. R. 1668 + +To leverage Federal Government procurement power to encourage increased + cybersecurity for Internet of Things devices, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 11, 2019 + +Ms. Kelly of Illinois (for herself, Mr. Hurd of Texas, Mr. Khanna, Mr. +Budd, Mr. Ruppersberger, Mr. Marshall, Mr. Ted Lieu of California, Mr. +Ratcliffe, Mr. Meadows, Mr. Soto, Mr. Walker, Mr. Connolly, Mr. Foster, +and Mr. Baird) introduced the following bill; which was referred to the +Committee on Oversight and Reform, and in addition to the Committee on + Science, Space, and Technology, for a period to be subsequently + determined by the Speaker, in each case for consideration of such + provisions as fall within the jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + +To leverage Federal Government procurement power to encourage increased + cybersecurity for Internet of Things devices, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Internet of Things Cybersecurity +Improvement Act of 2019'' or the ``IoT Cybersecurity Improvement Act of +2019''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Agency.--The term ``agency'' has the meaning given such + term in section 3502 of title 44, United States Code. + (2) Covered device.-- + (A) In general.--The term ``covered device'' means + a physical object that-- + (i) is capable of connecting to and is in + regular connection with the internet; + (ii) has computer processing capabilities + that can collect, send, or receive data; and + (iii) is not a general-purpose computing + device, including personal computing systems, + smart mobile communications devices, + programmable logic controls, and mainframe + computing systems. + (B) Modification of definition.--The Director of + the Office of Management and Budget shall establish a + process by which-- + (i) interested parties may petition for a + device that is not described in subparagraph + (A) to be considered a device that is not a + covered device; and + (ii) the Director acts upon any petition + submitted under clause (i) in a timely manner. + (3) Security vulnerability.--The term ``security + vulnerability'' means any attribute of hardware, firmware, + software, or combination of 2 or more of these factors that + could enable the compromise of the confidentiality, integrity, + or availability of an information system or its information or + physical devices to which it is connected. + +SEC. 3. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY CONSIDERATIONS + AND RECOMMENDATIONS REGARDING MANAGING INTERNET OF THINGS + CYBERSECURITY RISKS. + + (a) Completion of Ongoing Efforts Relating to Considerations for +Managing Internet of Things Cybersecurity Risks.-- + (1) In general.--The Director of the National Institute of + Standards and Technology shall ensure that the efforts of the + Institute in effect on the date of the enactment of this Act + regarding considerations for managing Internet of Things + cybersecurity risks, especially regarding examples of possible + cybersecurity capabilities of Internet of Things devices, are + completed no later than September 30, 2019. + (2) Matters addressed.--In ensuring efforts are completed + under paragraph (1), the Director shall also ensure that such + efforts address, at a minimum, the following considerations for + covered devices: + (A) Secure Development. + (B) Identity management. + (C) Patching. + (D) Configuration management. + (b) Development of Recommended Standards for Use of Internet of +Things Devices by Federal Government.-- + (1) In general.--Not later than March 31, 2020, the + Director of the Institute shall develop recommendations for the + Federal Government on the appropriate use and management by the + Federal Government of Internet of Things devices owned or + controlled by the Federal Government, including minimum + information security requirements for managing cybersecurity + risks associated with such devices. + (2) Consistency with ongoing efforts.--The Director of the + Institute shall ensure that the recommendations and standards + developed under paragraph (1) are consistent with the efforts + referred to in subsection (a), especially with respect to the + examples of possible cybersecurity capabilities referred to in + such subsection. + (c) Institute Report on Cybersecurity Considerations Stemming From +the Convergence of Information Technology, Internet of Things, and +Operational Technology Devices, Networks and Systems.--Not later than +180 days following the enactment of this Act, the Director of the +Institute shall publish a draft report related to the increasing +convergence of traditional Information Technology devices, networks, +and systems with Internet of Things devices, networks and systems and +Operational Technology devices, networks and systems, including +considerations for managing cybersecurity risks associated with such +trends. + +SEC. 4. POLICIES FOR FEDERAL AGENCIES ON USE AND MANAGEMENT OF INTERNET + OF THINGS DEVICES. + + (a) Revisions to the Federal Acquisition Regulation.--Not later +than 180 days after the date on which the Director of the National +Institute of Standards and Technology completes the development of the +recommendations required under section 3(b), the Director of the Office +of Management and Budget shall issue guidelines for each agency that +are consistent with such recommendations. + (b) Requirement.--In issuing the guidelines required under +subsection (a), the Director of the Office of Management and Budget +shall ensure that the guidelines are consistent with the information +security requirements in subchapter II of chapter 35 of title 44, +United States Code. + (c) Quinquennial Reviews and Revisions.--Not less frequently than +once every 5 years-- + (1) the Director of the Office of Management and Budget and + the Director of the National Institute of Standards and + Technology shall review the policies issued under subsection + (a); and + (2) the Director of the Office of Management and Budget + shall, in consultation with the Director of the National + Institute of Standards and Technology, revise such policies. + +SEC. 5. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY GUIDANCE ON + COORDINATED DISCLOSURE OF SECURITY VULNERABILITIES + RELATING TO INTERNET OF THINGS DEVICES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Director of the National Institute of +Standards and Technology shall, in consultation with such cybersecurity +researchers and private-sector industry experts as the Director +considers appropriate, publish guidance on policies and procedures for +the reporting, coordinating, publishing, and receiving of information +about-- + (1) a security vulnerability relating to a covered device + used by the Federal Government; and + (2) the resolution of such security vulnerability. + (b) Elements.--The guidance published under subsection (a) shall +include the following: + (1) Policies and procedures described in subsection (a) + that, to the maximum extent practicable, are aligned with + Standards 29147 and 30111 of the International Standards + Organization, or any successor standards. Such policies and + procedures shall include policies and procedures for a + contractor or vendor providing a covered device to the Federal + Government on-- + (A) receiving information about a potential + security vulnerability relating to the covered device; + and + (B) disseminating information about the resolution + of a security vulnerability relating to the covered + device. + (2) Guidance, including example content, on the information + items that should be produced through the implementation of the + security vulnerability disclosure process of the contractor. + +SEC. 6. GUIDELINES FOR FEDERAL AGENCIES ON COORDINATED DISCLOSURE OF + SECURITY VULNERABILITIES RELATING TO INTERNET OF THINGS + DEVICES. + + (a) Agency Guidelines Required.--Not later than 180 days after the +date on which the guidance required under section 4 is published, the +Director of the Office of Management and Budget shall, in consultation +with the Administrator of the General Services Administration, issue +guidelines for each agency on reporting, coordinating, publishing, and +receiving information about-- + (1) a security vulnerability relating to a covered device + used by the agency; and + (2) the resolution of such security vulnerability. + (b) Contractor and Vendor Compliance With National Institute of +Standards and Technology Guidance.--The guidelines required by +subsection (a) shall include a limitation that prohibits an agency from +acquiring or using any covered device from a contractor or vendor if +the contractor or vendor fails to comply with the guidance published +under section 5(a). + (c) Consistency With Guidance From National Institute of Standards +and Technology.--The Director shall ensure that the guidelines issued +under subsection (a) are consistent with the guidance published under +section 5(a). + \ No newline at end of file From a96a6749841ac47fbb4ffce38efb5cb44bf296c6 Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 175/984] House-1668: Engrossed in House --- bills_text/House-1668.txt | 506 +++++++++++++++++++++++++------------- 1 file changed, 333 insertions(+), 173 deletions(-) diff --git a/bills_text/House-1668.txt b/bills_text/House-1668.txt index ae7d07b..fd7d10d 100644 --- a/bills_text/House-1668.txt +++ b/bills_text/House-1668.txt @@ -1,35 +1,15 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 1668 -To leverage Federal Government procurement power to encourage increased - cybersecurity for Internet of Things devices, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 11, 2019 - -Ms. Kelly of Illinois (for herself, Mr. Hurd of Texas, Mr. Khanna, Mr. -Budd, Mr. Ruppersberger, Mr. Marshall, Mr. Ted Lieu of California, Mr. -Ratcliffe, Mr. Meadows, Mr. Soto, Mr. Walker, Mr. Connolly, Mr. Foster, -and Mr. Baird) introduced the following bill; which was referred to the -Committee on Oversight and Reform, and in addition to the Committee on - Science, Space, and Technology, for a period to be subsequently - determined by the Speaker, in each case for consideration of such - provisions as fall within the jurisdiction of the committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT -To leverage Federal Government procurement power to encourage increased - cybersecurity for Internet of Things devices, and for other purposes. +To establish minimum security standards for Internet of Things devices + owned or controlled by the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -37,167 +17,347 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet of Things Cybersecurity -Improvement Act of 2019'' or the ``IoT Cybersecurity Improvement Act of -2019''. +Improvement Act of 2020'' or the ``IoT Cybersecurity Improvement Act of +2020''. + +SEC. 2. SENSE OF CONGRESS. -SEC. 2. DEFINITIONS. + It is the sense of Congress that-- + (1) ensuring the highest level of cybersecurity at agencies + in the executive branch is the responsibility of the President, + followed by the Director of the Office of Management and + Budget, the Secretary of Homeland Security, and the head of + each such agency; + (2) this responsibility is to be carried out by working + collaboratively within and among agencies in the executive + branch, industry, and academia; + (3) the strength of the cybersecurity of the Federal + Government and the positive benefits of digital technology + transformation depend on proactively addressing cybersecurity + throughout the acquisition and operation of Internet of Things + devices by the Federal Government; and + (4) consistent with the second draft National Institute for + Standards and Technology Interagency or Internal Report 8259 + titled ``Recommendations for IoT Device Manufacturers: + Foundational Activities and Core Device Cybersecurity + Capability Baseline'', published in January 2020, Internet of + Things devices are devices that-- + (A) have at least one transducer (sensor or + actuator) for interacting directly with the physical + world, have at least one network interface, and are not + conventional Information Technology devices, such as + smartphones and laptops, for which the identification + and implementation of cybersecurity features is already + well understood; and + (B) can function on their own and are not only able + to function when acting as a component of another + device, such as a processor. + +SEC. 3. DEFINITIONS. In this Act: - (1) Agency.--The term ``agency'' has the meaning given such + (1) Agency.--The term ``agency'' has the meaning given that term in section 3502 of title 44, United States Code. - (2) Covered device.-- - (A) In general.--The term ``covered device'' means - a physical object that-- - (i) is capable of connecting to and is in - regular connection with the internet; - (ii) has computer processing capabilities - that can collect, send, or receive data; and - (iii) is not a general-purpose computing - device, including personal computing systems, - smart mobile communications devices, - programmable logic controls, and mainframe - computing systems. - (B) Modification of definition.--The Director of - the Office of Management and Budget shall establish a - process by which-- - (i) interested parties may petition for a - device that is not described in subparagraph - (A) to be considered a device that is not a - covered device; and - (ii) the Director acts upon any petition - submitted under clause (i) in a timely manner. - (3) Security vulnerability.--The term ``security - vulnerability'' means any attribute of hardware, firmware, - software, or combination of 2 or more of these factors that - could enable the compromise of the confidentiality, integrity, - or availability of an information system or its information or - physical devices to which it is connected. - -SEC. 3. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY CONSIDERATIONS - AND RECOMMENDATIONS REGARDING MANAGING INTERNET OF THINGS - CYBERSECURITY RISKS. - - (a) Completion of Ongoing Efforts Relating to Considerations for -Managing Internet of Things Cybersecurity Risks.-- - (1) In general.--The Director of the National Institute of - Standards and Technology shall ensure that the efforts of the - Institute in effect on the date of the enactment of this Act - regarding considerations for managing Internet of Things - cybersecurity risks, especially regarding examples of possible - cybersecurity capabilities of Internet of Things devices, are - completed no later than September 30, 2019. - (2) Matters addressed.--In ensuring efforts are completed - under paragraph (1), the Director shall also ensure that such - efforts address, at a minimum, the following considerations for - covered devices: - (A) Secure Development. - (B) Identity management. - (C) Patching. - (D) Configuration management. - (b) Development of Recommended Standards for Use of Internet of -Things Devices by Federal Government.-- - (1) In general.--Not later than March 31, 2020, the - Director of the Institute shall develop recommendations for the - Federal Government on the appropriate use and management by the - Federal Government of Internet of Things devices owned or - controlled by the Federal Government, including minimum + (2) Director of omb.--The term ``Director of OMB'' means + the Director of the Office of Management and Budget. + (3) Director of the institute.--The term ``Director of the + Institute'' means the Director of the National Institute of + Standards and Technology. + (4) Information system.--The term ``information system'' + has the meaning given that term in section 3502 of title 44, + United States Code. + (5) National security system.--The term ``national security + system'' has the meaning given that term in section 3552(b)(6) + of title 44, United States Code. + (6) Operational technology.--The term ``operational + technology'' means hardware and software that detects or causes + a change through the direct monitoring or control of physical + devices, processes, and events in the enterprise. + (7) Secretary.--The term ``Secretary'' means the Secretary + of Homeland Security. + (8) Security vulnerability.--The term ``security + vulnerability'' has the meaning given that term in section + 102(17) of the Cybersecurity Information Sharing Act of 2015 (6 + U.S.C. 1501(17)). + +SEC. 4. SECURITY STANDARDS AND GUIDELINES FOR AGENCIES ON USE AND + MANAGEMENT OF INTERNET OF THINGS DEVICES. + + (a) National Institute of Standards and Technology Development of +Standards and Guidelines for Use of Internet of Things Devices by +Agencies.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Director of the Institute shall + develop and publish under section 20 of the National Institute + of Standards and Technology Act (15 U.S.C. 278g-3) standards + and guidelines for the Federal Government on the appropriate + use and management by agencies of Internet of Things devices + owned or controlled by an agency and connected to information + systems owned or controlled by an agency, including minimum information security requirements for managing cybersecurity risks associated with such devices. (2) Consistency with ongoing efforts.--The Director of the - Institute shall ensure that the recommendations and standards + Institute shall ensure that the standards and guidelines developed under paragraph (1) are consistent with the efforts - referred to in subsection (a), especially with respect to the - examples of possible cybersecurity capabilities referred to in - such subsection. - (c) Institute Report on Cybersecurity Considerations Stemming From -the Convergence of Information Technology, Internet of Things, and -Operational Technology Devices, Networks and Systems.--Not later than -180 days following the enactment of this Act, the Director of the -Institute shall publish a draft report related to the increasing -convergence of traditional Information Technology devices, networks, -and systems with Internet of Things devices, networks and systems and -Operational Technology devices, networks and systems, including -considerations for managing cybersecurity risks associated with such -trends. - -SEC. 4. POLICIES FOR FEDERAL AGENCIES ON USE AND MANAGEMENT OF INTERNET - OF THINGS DEVICES. - - (a) Revisions to the Federal Acquisition Regulation.--Not later -than 180 days after the date on which the Director of the National -Institute of Standards and Technology completes the development of the -recommendations required under section 3(b), the Director of the Office -of Management and Budget shall issue guidelines for each agency that -are consistent with such recommendations. - (b) Requirement.--In issuing the guidelines required under -subsection (a), the Director of the Office of Management and Budget -shall ensure that the guidelines are consistent with the information -security requirements in subchapter II of chapter 35 of title 44, -United States Code. - (c) Quinquennial Reviews and Revisions.--Not less frequently than -once every 5 years-- - (1) the Director of the Office of Management and Budget and - the Director of the National Institute of Standards and - Technology shall review the policies issued under subsection - (a); and - (2) the Director of the Office of Management and Budget - shall, in consultation with the Director of the National - Institute of Standards and Technology, revise such policies. - -SEC. 5. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY GUIDANCE ON - COORDINATED DISCLOSURE OF SECURITY VULNERABILITIES - RELATING TO INTERNET OF THINGS DEVICES. + of the National Institute of Standards and Technology in effect + on the date of the enactment of this Act-- + (A) regarding-- + (i) examples of possible security + vulnerabilities of Internet of Things devices; + and + (ii) considerations for managing the + security vulnerabilities of Internet of Things + devices; and + (B) with respect to the following considerations + for Internet of Things devices: + (i) Secure Development. + (ii) Identity management. + (iii) Patching. + (iv) Configuration management. + (3) Considering relevant standards.--In developing the + standards and guidelines under paragraph (1), the Director of + the Institute shall consider relevant standards, guidelines, + and best practices developed by the private sector, agencies, + and public-private partnerships. + (b) Review of Agency Information Security Policies and +Principles.-- + (1) Requirement.--Not later than 180 days after the date on + which the Director of the Institute completes the development + of the standards and guidelines required under subsection (a), + the Director of OMB shall review agency information security + policies and principles on the basis of the standards and + guidelines published under subsection (a) pertaining to + Internet of Things devices owned or controlled by agencies + (excluding agency information security policies and principles + pertaining to Internet of Things of devices owned or controlled + by agencies that are or comprise a national security system) + for consistency with the standards and guidelines submitted + under subsection (a) and issue such policies and principles as + may be necessary to ensure those policies and principles are + consistent with such standards and guidelines. + (2) Review.--In reviewing agency information security + policies and principles under paragraph (1) and issuing + policies and principles under such paragraph, as may be + necessary, the Director of OMB shall-- + (A) consult with the Director of the Cybersecurity + and Infrastructure Security Agency of the Department of + Homeland Security; and + (B) ensure such policies and principles are + consistent with the information security requirements + under subchapter II of chapter 35 of title 44, United + States Code. + (3) National security systems.--Any policy or principle + issued by the Director of OMB under paragraph (1) shall not + apply to national security systems. + (c) Quinquennial Review and Revision.-- + (1) Review and revision of nist standards and guidelines.-- + Not later than 5 years after the date on which the Director of + the Institute publishes the standards and guidelines under + subsection (a), and not less frequently than once every 5 years + thereafter, the Director of the Institute, shall-- + (A) review such standards and guidelines; and + (B) revise such standards and guidelines as + appropriate. + (2) Updated omb policies and principles for agencies.--Not + later than 180 days after the Director of the Institute makes a + revision pursuant to paragraph (1), the Director of OMB, in + consultation with the Director of the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security, shall update any policy or principle issued under + subsection (b)(1) as necessary to ensure those policies and + principles are consistent with the review and any revision + under paragraph (1) under this subsection and paragraphs (2) + and (3) of subsection (b). + (d) Revision of Federal Acquisition Regulation.--The Federal +Acquisition Regulation shall be revised as necessary to implement any +standards and guidelines promulgated in this section. + +SEC. 5. GUIDELINES ON THE DISCLOSURE PROCESS FOR SECURITY + VULNERABILITIES RELATING TO INFORMATION SYSTEMS, + INCLUDING INTERNET OF THINGS DEVICES. (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Director of the National Institute of -Standards and Technology shall, in consultation with such cybersecurity -researchers and private-sector industry experts as the Director -considers appropriate, publish guidance on policies and procedures for -the reporting, coordinating, publishing, and receiving of information -about-- - (1) a security vulnerability relating to a covered device - used by the Federal Government; and - (2) the resolution of such security vulnerability. - (b) Elements.--The guidance published under subsection (a) shall -include the following: - (1) Policies and procedures described in subsection (a) - that, to the maximum extent practicable, are aligned with - Standards 29147 and 30111 of the International Standards - Organization, or any successor standards. Such policies and - procedures shall include policies and procedures for a - contractor or vendor providing a covered device to the Federal - Government on-- - (A) receiving information about a potential - security vulnerability relating to the covered device; +enactment of this Act, the Director of the Institute, in consultation +with such cybersecurity researchers and private sector industry experts +as the Director considers appropriate, and in consultation with the +Secretary, shall develop and publish under section 20 of the National +Institute of Standards and Technology Act (15 U.S.C. 278g-3) +guidelines-- + (1) for the reporting, coordinating, publishing, and + receiving of information about-- + (A) a security vulnerability relating to + information systems owned or controlled by an agency + (including Internet of Things devices owned or + controlled by an agency); and + (B) the resolution of such security vulnerability; and + (2) for a contractor providing to an agency an information + system (including an Internet of Things device) and any + subcontractor thereof at any tier providing such information + system to such contractor, on-- + (A) receiving information about a potential + security vulnerability relating to the information + system; and (B) disseminating information about the resolution - of a security vulnerability relating to the covered - device. - (2) Guidance, including example content, on the information - items that should be produced through the implementation of the - security vulnerability disclosure process of the contractor. + of a security vulnerability relating to the information + system. + (b) Elements.--The guidelines published under subsection (a) +shall-- + (1) to the maximum extent practicable, be aligned with + industry best practices and Standards 29147 and 30111 of the + International Standards Organization (or any successor + standard) or any other appropriate, relevant, and widely-used + standard; + (2) incorporate guidelines on-- + (A) receiving information about a potential + security vulnerability relating to an information + system owned or controlled by an agency (including an + Internet of Things device); and + (B) disseminating information about the resolution + of a security vulnerability relating to an information + system owned or controlled by an agency (including an + Internet of Things device); and + (3) be consistent with the policies and procedures produced + under section 2009(m) of the Homeland Security Act of 2002 (6 + U.S.C. 659(m)). + (c) Information Items.--The guidelines published under subsection +(a) shall include example content, on the information items that should +be reported, coordinated, published, or received pursuant to this +section by a contractor, or any subcontractor thereof at any tier, +providing an information system (including Internet of Things device) +to the Federal Government. + (d) Oversight.--The Director of OMB shall oversee the +implementation of the guidelines published under subsection (a). + (e) Operational and Technical Assistance.--The Secretary, in +consultation with the Director of OMB, shall administer the +implementation of the guidelines published under subsection (a) and +provide operational and technical assistance in implementing such +guidelines. + +SEC. 6. IMPLEMENTATION OF COORDINATED DISCLOSURE OF SECURITY + VULNERABILITIES RELATING TO AGENCY INFORMATION SYSTEMS, + INCLUDING INTERNET OF THINGS DEVICES. -SEC. 6. GUIDELINES FOR FEDERAL AGENCIES ON COORDINATED DISCLOSURE OF - SECURITY VULNERABILITIES RELATING TO INTERNET OF THINGS + (a) Agency Guidelines Required.--Not later than 2 years after the +date of the enactment of this Act, the Director of OMB, in consultation +with the Secretary, shall develop and oversee the implementation of +policies, principles, standards, or guidelines as may be necessary to +address security vulnerabilities of information systems (including +Internet of Things devices). + (b) Operational and Technical Assistance.--Consistent with section +3553(b) of title 44, United States Code, the Secretary, in consultation +with the Director of OMB, shall provide operational and technical +assistance to agencies on reporting, coordinating, publishing, and +receiving information about security vulnerabilities of information +systems (including Internet of Things devices). + (c) Consistency With Guidelines From National Institute of +Standards and Technology.--The Secretary shall ensure that the +assistance provided under subsection (b) is consistent with applicable +standards and publications developed by the Director of the Institute. + (d) Revision of Federal Acquisition Regulation.--The Federal +Acquisition Regulation shall be revised as necessary to implement the +provisions under this section. + +SEC. 7. CONTRACTOR COMPLIANCE WITH COORDINATED DISCLOSURE OF SECURITY + VULNERABILITIES RELATING TO AGENCY INTERNET OF THINGS DEVICES. - (a) Agency Guidelines Required.--Not later than 180 days after the -date on which the guidance required under section 4 is published, the -Director of the Office of Management and Budget shall, in consultation -with the Administrator of the General Services Administration, issue -guidelines for each agency on reporting, coordinating, publishing, and -receiving information about-- - (1) a security vulnerability relating to a covered device - used by the agency; and - (2) the resolution of such security vulnerability. - (b) Contractor and Vendor Compliance With National Institute of -Standards and Technology Guidance.--The guidelines required by -subsection (a) shall include a limitation that prohibits an agency from -acquiring or using any covered device from a contractor or vendor if -the contractor or vendor fails to comply with the guidance published -under section 5(a). - (c) Consistency With Guidance From National Institute of Standards -and Technology.--The Director shall ensure that the guidelines issued -under subsection (a) are consistent with the guidance published under -section 5(a). - \ No newline at end of file + (a) Prohibition on Procurement and Use.-- + (1) In general.--The head of an agency is prohibited from + procuring or obtaining, renewing a contract to procure or + obtain, or using an Internet of Things device, if the Chief + Information Officer of that agency determines during a review + required by section 11319(b)(1)(C) of title 40, United States + Code, of a contract for such device that the use of such device + prevents compliance with the standards and guidelines developed + under section 4 or the guidelines published under section 5 + with respect to such device. + (2) Simplified acquisition threshold.--Notwithstanding + section 1905 of title 41, United States Code, the requirements + under paragraph (1) shall apply to a contract or subcontract in + amounts not greater than the simplified acquisition threshold. + (b) Waiver.-- + (1) Authority.--The head of an agency may waive the + prohibition under subsection (a)(1) with respect to an Internet + of Things device if the Chief Information Officer of that + agency determines that-- + (A) the waiver is necessary in the interest of + national security; + (B) procuring, obtaining, or using such device is + necessary for research purposes; or + (C) such device is secured using alternative and + effective methods appropriate to the function of such + device. + (2) Agency process.--The Director of OMB shall establish a + standardized process for the Chief Information Officer of each + agency to follow in determining whether the waiver under + paragraph (1) may be granted. + (c) Reports to Congress.-- + (1) Report.--Every 2 years during the 6-year period + beginning on the date of the enactment of this Act, the + Comptroller General of the United States shall submit to the + Committee on Oversight and Reform of the House of + Representatives, the Committee on Homeland Security of the + House of Representatives, and the Committee on Homeland + Security and Governmental Affairs of the Senate a report-- + (A) on the effectiveness of the process established + under subsection (b)(2); + (B) that contains recommended best practices for + the procurement of Internet of Things devices; and + (C) that lists-- + (i) the number and type of each Internet of + Things device for which a waiver under + subsection (b)(1) was granted during the 2-year + period prior to the submission of the report; + and + (ii) the legal authority under which each + such waiver was granted, such as whether the + waiver was granted pursuant to subparagraph + (A), (B), or (C) of such subsection. + (2) Classification of report.--Each report submitted under + this subsection shall be submitted in unclassified form, but + may include a classified annex that contains the information + described under paragraph (1)(C). + (d) Effective Date.--The prohibition under subsection (a)(1) shall +take effect 2 years after the date of the enactment of this Act. + +SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBERSECURITY + CONSIDERATIONS STEMMING FROM THE CONVERGENCE OF + INFORMATION TECHNOLOGY, INTERNET OF THINGS, AND + OPERATIONAL TECHNOLOGY DEVICES, NETWORKS, AND SYSTEMS. + + (a) Briefing.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General of the United States +shall provide a briefing to the Committee on Oversight and Reform of +the House of Representatives, the Committee on Homeland Security of the +House of Representatives, and the Committee on Homeland Security and +Governmental Affairs of the Senate on broader Internet of Things +efforts, including projects designed to assist in managing potential +security vulnerabilities associated with the use of traditional +information technology devices, networks, and systems with-- + (1) Internet of Things devices, networks, and systems; and + (2) operational technology devices, networks, and systems. + (b) Report.--Not later than 2 years after the date of enactment of +this Act, the Comptroller General shall submit a report to the +Committee on Oversight and Reform of the House of Representatives, the +Committee on Homeland Security of the House of Representatives, and the +Committee on Homeland Security and Governmental Affairs of the Senate +on broader Internet of Things efforts addressed in subsection (a). + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 1668 + +_______________________________________________________________________ + + AN ACT + +To establish minimum security standards for Internet of Things devices + owned or controlled by the Federal Government, and for other purposes. From 59cbc131a9411398c77ecfbb69a2ebf34c0c7cc0 Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 176/984] House-1668: Received in Senate --- bills_text/House-1668.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-1668.txt b/bills_text/House-1668.txt index fd7d10d..b33c5b7 100644 --- a/bills_text/House-1668.txt +++ b/bills_text/House-1668.txt @@ -2,6 +2,16 @@ 2d Session H. R. 1668 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + September 15, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -348,16 +358,6 @@ on broader Internet of Things efforts addressed in subsection (a). Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 1668 - -_______________________________________________________________________ - - AN ACT - -To establish minimum security standards for Internet of Things devices - owned or controlled by the Federal Government, and for other purposes. + Clerk. From 620580864f9b23e05a176128d0647155a6403237 Mon Sep 17 00:00:00 2001 From: "Rep. Kelly, Robin L. [D-IL-2]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 177/984] House-1668: Enrolled --- bills_text/House-1668.txt | 491 ++++++++++++++++++-------------------- 1 file changed, 228 insertions(+), 263 deletions(-) diff --git a/bills_text/House-1668.txt b/bills_text/House-1668.txt index b33c5b7..1be0eaf 100644 --- a/bills_text/House-1668.txt +++ b/bills_text/House-1668.txt @@ -1,191 +1,174 @@ -116th CONGRESS - 2d Session - H. R. 1668 + H.R.1668 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - September 15, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act -To establish minimum security standards for Internet of Things devices + To establish minimum security standards for Internet of Things devices owned or controlled by the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Internet of Things Cybersecurity Improvement Act of 2020'' or the ``IoT Cybersecurity Improvement Act of 2020''. - SEC. 2. SENSE OF CONGRESS. - It is the sense of Congress that-- - (1) ensuring the highest level of cybersecurity at agencies - in the executive branch is the responsibility of the President, - followed by the Director of the Office of Management and - Budget, the Secretary of Homeland Security, and the head of - each such agency; - (2) this responsibility is to be carried out by working - collaboratively within and among agencies in the executive - branch, industry, and academia; - (3) the strength of the cybersecurity of the Federal - Government and the positive benefits of digital technology - transformation depend on proactively addressing cybersecurity - throughout the acquisition and operation of Internet of Things - devices by the Federal Government; and - (4) consistent with the second draft National Institute for - Standards and Technology Interagency or Internal Report 8259 - titled ``Recommendations for IoT Device Manufacturers: - Foundational Activities and Core Device Cybersecurity - Capability Baseline'', published in January 2020, Internet of - Things devices are devices that-- - (A) have at least one transducer (sensor or - actuator) for interacting directly with the physical - world, have at least one network interface, and are not - conventional Information Technology devices, such as - smartphones and laptops, for which the identification - and implementation of cybersecurity features is already - well understood; and - (B) can function on their own and are not only able - to function when acting as a component of another - device, such as a processor. - + (1) ensuring the highest level of cybersecurity at agencies in + the executive branch is the responsibility of the President, + followed by the Director of the Office of Management and Budget, + the Secretary of Homeland Security, and the head of each such + agency; + (2) this responsibility is to be carried out by working + collaboratively within and among agencies in the executive branch, + industry, and academia; + (3) the strength of the cybersecurity of the Federal Government + and the positive benefits of digital technology transformation + depend on proactively addressing cybersecurity throughout the + acquisition and operation of Internet of Things devices by the + Federal Government; and + (4) consistent with the second draft National Institute for + Standards and Technology Interagency or Internal Report 8259 titled + ``Recommendations for IoT Device Manufacturers: Foundational + Activities and Core Device Cybersecurity Capability Baseline'', + published in January 2020, Internet of Things devices are devices + that-- + (A) have at least one transducer (sensor or actuator) for + interacting directly with the physical world, have at least one + network interface, and are not conventional Information + Technology devices, such as smartphones and laptops, for which + the identification and implementation of cybersecurity features + is already well understood; and + (B) can function on their own and are not only able to + function when acting as a component of another device, such as + a processor. SEC. 3. DEFINITIONS. - In this Act: - (1) Agency.--The term ``agency'' has the meaning given that - term in section 3502 of title 44, United States Code. - (2) Director of omb.--The term ``Director of OMB'' means - the Director of the Office of Management and Budget. - (3) Director of the institute.--The term ``Director of the - Institute'' means the Director of the National Institute of - Standards and Technology. - (4) Information system.--The term ``information system'' - has the meaning given that term in section 3502 of title 44, - United States Code. - (5) National security system.--The term ``national security - system'' has the meaning given that term in section 3552(b)(6) - of title 44, United States Code. - (6) Operational technology.--The term ``operational - technology'' means hardware and software that detects or causes - a change through the direct monitoring or control of physical - devices, processes, and events in the enterprise. - (7) Secretary.--The term ``Secretary'' means the Secretary - of Homeland Security. - (8) Security vulnerability.--The term ``security - vulnerability'' has the meaning given that term in section - 102(17) of the Cybersecurity Information Sharing Act of 2015 (6 - U.S.C. 1501(17)). - + (1) Agency.--The term ``agency'' has the meaning given that + term in section 3502 of title 44, United States Code. + (2) Director of omb.--The term ``Director of OMB'' means the + Director of the Office of Management and Budget. + (3) Director of the institute.--The term ``Director of the + Institute'' means the Director of the National Institute of + Standards and Technology. + (4) Information system.--The term ``information system'' has + the meaning given that term in section 3502 of title 44, United + States Code. + (5) National security system.--The term ``national security + system'' has the meaning given that term in section 3552(b)(6) of + title 44, United States Code. + (6) Operational technology.--The term ``operational + technology'' means hardware and software that detects or causes a + change through the direct monitoring or control of physical + devices, processes, and events in the enterprise. + (7) Secretary.--The term ``Secretary'' means the Secretary of + Homeland Security. + (8) Security vulnerability.--The term ``security + vulnerability'' has the meaning given that term in section 102(17) + of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. + 1501(17)). SEC. 4. SECURITY STANDARDS AND GUIDELINES FOR AGENCIES ON USE AND - MANAGEMENT OF INTERNET OF THINGS DEVICES. - +MANAGEMENT OF INTERNET OF THINGS DEVICES. (a) National Institute of Standards and Technology Development of Standards and Guidelines for Use of Internet of Things Devices by Agencies.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Director of the Institute shall - develop and publish under section 20 of the National Institute - of Standards and Technology Act (15 U.S.C. 278g-3) standards - and guidelines for the Federal Government on the appropriate - use and management by agencies of Internet of Things devices - owned or controlled by an agency and connected to information - systems owned or controlled by an agency, including minimum - information security requirements for managing cybersecurity - risks associated with such devices. - (2) Consistency with ongoing efforts.--The Director of the - Institute shall ensure that the standards and guidelines - developed under paragraph (1) are consistent with the efforts - of the National Institute of Standards and Technology in effect - on the date of the enactment of this Act-- - (A) regarding-- - (i) examples of possible security - vulnerabilities of Internet of Things devices; - and - (ii) considerations for managing the - security vulnerabilities of Internet of Things - devices; and - (B) with respect to the following considerations - for Internet of Things devices: - (i) Secure Development. - (ii) Identity management. - (iii) Patching. - (iv) Configuration management. - (3) Considering relevant standards.--In developing the - standards and guidelines under paragraph (1), the Director of - the Institute shall consider relevant standards, guidelines, - and best practices developed by the private sector, agencies, - and public-private partnerships. + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Director of the Institute shall develop + and publish under section 20 of the National Institute of Standards + and Technology Act (15 U.S.C. 278g-3) standards and guidelines for + the Federal Government on the appropriate use and management by + agencies of Internet of Things devices owned or controlled by an + agency and connected to information systems owned or controlled by + an agency, including minimum information security requirements for + managing cybersecurity risks associated with such devices. + (2) Consistency with ongoing efforts.--The Director of the + Institute shall ensure that the standards and guidelines developed + under paragraph (1) are consistent with the efforts of the National + Institute of Standards and Technology in effect on the date of the + enactment of this Act-- + (A) regarding-- + (i) examples of possible security vulnerabilities of + Internet of Things devices; and + (ii) considerations for managing the security + vulnerabilities of Internet of Things devices; and + (B) with respect to the following considerations for + Internet of Things devices: + (i) Secure Development. + (ii) Identity management. + (iii) Patching. + (iv) Configuration management. + (3) Considering relevant standards.--In developing the + standards and guidelines under paragraph (1), the Director of the + Institute shall consider relevant standards, guidelines, and best + practices developed by the private sector, agencies, and public- + private partnerships. (b) Review of Agency Information Security Policies and Principles.-- - (1) Requirement.--Not later than 180 days after the date on - which the Director of the Institute completes the development - of the standards and guidelines required under subsection (a), - the Director of OMB shall review agency information security - policies and principles on the basis of the standards and - guidelines published under subsection (a) pertaining to - Internet of Things devices owned or controlled by agencies - (excluding agency information security policies and principles - pertaining to Internet of Things of devices owned or controlled - by agencies that are or comprise a national security system) - for consistency with the standards and guidelines submitted - under subsection (a) and issue such policies and principles as - may be necessary to ensure those policies and principles are - consistent with such standards and guidelines. - (2) Review.--In reviewing agency information security - policies and principles under paragraph (1) and issuing - policies and principles under such paragraph, as may be - necessary, the Director of OMB shall-- - (A) consult with the Director of the Cybersecurity - and Infrastructure Security Agency of the Department of - Homeland Security; and - (B) ensure such policies and principles are - consistent with the information security requirements - under subchapter II of chapter 35 of title 44, United - States Code. - (3) National security systems.--Any policy or principle - issued by the Director of OMB under paragraph (1) shall not - apply to national security systems. - (c) Quinquennial Review and Revision.-- - (1) Review and revision of nist standards and guidelines.-- - Not later than 5 years after the date on which the Director of - the Institute publishes the standards and guidelines under - subsection (a), and not less frequently than once every 5 years - thereafter, the Director of the Institute, shall-- - (A) review such standards and guidelines; and - (B) revise such standards and guidelines as - appropriate. - (2) Updated omb policies and principles for agencies.--Not - later than 180 days after the Director of the Institute makes a - revision pursuant to paragraph (1), the Director of OMB, in - consultation with the Director of the Cybersecurity and + (1) Requirement.--Not later than 180 days after the date on + which the Director of the Institute completes the development of + the standards and guidelines required under subsection (a), the + Director of OMB shall review agency information security policies + and principles on the basis of the standards and guidelines + published under subsection (a) pertaining to Internet of Things + devices owned or controlled by agencies (excluding agency + information security policies and principles pertaining to Internet + of Things of devices owned or controlled by agencies that are or + comprise a national security system) for consistency with the + standards and guidelines submitted under subsection (a) and issue + such policies and principles as may be necessary to ensure those + policies and principles are consistent with such standards and + guidelines. + (2) Review.--In reviewing agency information security policies + and principles under paragraph (1) and issuing policies and + principles under such paragraph, as may be necessary, the Director + of OMB shall-- + (A) consult with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland - Security, shall update any policy or principle issued under - subsection (b)(1) as necessary to ensure those policies and - principles are consistent with the review and any revision - under paragraph (1) under this subsection and paragraphs (2) - and (3) of subsection (b). + Security; and + (B) ensure such policies and principles are consistent with + the information security requirements under subchapter II of + chapter 35 of title 44, United States Code. + (3) National security systems.--Any policy or principle issued + by the Director of OMB under paragraph (1) shall not apply to + national security systems. + (c) Quinquennial Review and Revision.-- + (1) Review and revision of nist standards and guidelines.--Not + later than 5 years after the date on which the Director of the + Institute publishes the standards and guidelines under subsection + (a), and not less frequently than once every 5 years thereafter, + the Director of the Institute, shall-- + (A) review such standards and guidelines; and + (B) revise such standards and guidelines as appropriate. + (2) Updated omb policies and principles for agencies.--Not + later than 180 days after the Director of the Institute makes a + revision pursuant to paragraph (1), the Director of OMB, in + consultation with the Director of the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security, shall update any policy or principle issued under + subsection (b)(1) as necessary to ensure those policies and + principles are consistent with the review and any revision under + paragraph (1) under this subsection and paragraphs (2) and (3) of + subsection (b). (d) Revision of Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be revised as necessary to implement any standards and guidelines promulgated in this section. - SEC. 5. GUIDELINES ON THE DISCLOSURE PROCESS FOR SECURITY - VULNERABILITIES RELATING TO INFORMATION SYSTEMS, - INCLUDING INTERNET OF THINGS DEVICES. - +VULNERABILITIES RELATING TO INFORMATION SYSTEMS, INCLUDING INTERNET OF +THINGS DEVICES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of the Institute, in consultation with such cybersecurity researchers and private sector industry experts @@ -193,43 +176,38 @@ as the Director considers appropriate, and in consultation with the Secretary, shall develop and publish under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) guidelines-- - (1) for the reporting, coordinating, publishing, and - receiving of information about-- - (A) a security vulnerability relating to - information systems owned or controlled by an agency - (including Internet of Things devices owned or - controlled by an agency); and - (B) the resolution of such security vulnerability; - and - (2) for a contractor providing to an agency an information - system (including an Internet of Things device) and any - subcontractor thereof at any tier providing such information - system to such contractor, on-- - (A) receiving information about a potential - security vulnerability relating to the information - system; and - (B) disseminating information about the resolution - of a security vulnerability relating to the information - system. + (1) for the reporting, coordinating, publishing, and receiving + of information about-- + (A) a security vulnerability relating to information + systems owned or controlled by an agency (including Internet of + Things devices owned or controlled by an agency); and + (B) the resolution of such security vulnerability; and + (2) for a contractor providing to an agency an information + system (including an Internet of Things device) and any + subcontractor thereof at any tier providing such information system + to such contractor, on-- + (A) receiving information about a potential security + vulnerability relating to the information system; and + (B) disseminating information about the resolution of a + security vulnerability relating to the information system. (b) Elements.--The guidelines published under subsection (a) shall-- - (1) to the maximum extent practicable, be aligned with - industry best practices and Standards 29147 and 30111 of the - International Standards Organization (or any successor - standard) or any other appropriate, relevant, and widely-used - standard; - (2) incorporate guidelines on-- - (A) receiving information about a potential - security vulnerability relating to an information - system owned or controlled by an agency (including an - Internet of Things device); and - (B) disseminating information about the resolution - of a security vulnerability relating to an information - system owned or controlled by an agency (including an - Internet of Things device); and - (3) be consistent with the policies and procedures produced - under section 2009(m) of the Homeland Security Act of 2002 (6 - U.S.C. 659(m)). + (1) to the maximum extent practicable, be aligned with industry + best practices and Standards 29147 and 30111 of the International + Standards Organization (or any successor standard) or any other + appropriate, relevant, and widely-used standard; + (2) incorporate guidelines on-- + (A) receiving information about a potential security + vulnerability relating to an information system owned or + controlled by an agency (including an Internet of Things + device); and + (B) disseminating information about the resolution of a + security vulnerability relating to an information system owned + or controlled by an agency (including an Internet of Things + device); and + (3) be consistent with the policies and procedures produced + under section 2009(m) of the Homeland Security Act of 2002 (6 + U.S.C. 659(m)). (c) Information Items.--The guidelines published under subsection (a) shall include example content, on the information items that should be reported, coordinated, published, or received pursuant to this @@ -243,11 +221,9 @@ consultation with the Director of OMB, shall administer the implementation of the guidelines published under subsection (a) and provide operational and technical assistance in implementing such guidelines. - SEC. 6. IMPLEMENTATION OF COORDINATED DISCLOSURE OF SECURITY - VULNERABILITIES RELATING TO AGENCY INFORMATION SYSTEMS, - INCLUDING INTERNET OF THINGS DEVICES. - +VULNERABILITIES RELATING TO AGENCY INFORMATION SYSTEMS, INCLUDING +INTERNET OF THINGS DEVICES. (a) Agency Guidelines Required.--Not later than 2 years after the date of the enactment of this Act, the Director of OMB, in consultation with the Secretary, shall develop and oversee the implementation of @@ -267,75 +243,67 @@ standards and publications developed by the Director of the Institute. (d) Revision of Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be revised as necessary to implement the provisions under this section. - SEC. 7. CONTRACTOR COMPLIANCE WITH COORDINATED DISCLOSURE OF SECURITY - VULNERABILITIES RELATING TO AGENCY INTERNET OF THINGS - DEVICES. - +VULNERABILITIES RELATING TO AGENCY INTERNET OF THINGS DEVICES. (a) Prohibition on Procurement and Use.-- - (1) In general.--The head of an agency is prohibited from - procuring or obtaining, renewing a contract to procure or - obtain, or using an Internet of Things device, if the Chief - Information Officer of that agency determines during a review - required by section 11319(b)(1)(C) of title 40, United States - Code, of a contract for such device that the use of such device - prevents compliance with the standards and guidelines developed - under section 4 or the guidelines published under section 5 - with respect to such device. - (2) Simplified acquisition threshold.--Notwithstanding - section 1905 of title 41, United States Code, the requirements - under paragraph (1) shall apply to a contract or subcontract in - amounts not greater than the simplified acquisition threshold. + (1) In general.--The head of an agency is prohibited from + procuring or obtaining, renewing a contract to procure or obtain, + or using an Internet of Things device, if the Chief Information + Officer of that agency determines during a review required by + section 11319(b)(1)(C) of title 40, United States Code, of a + contract for such device that the use of such device prevents + compliance with the standards and guidelines developed under + section 4 or the guidelines published under section 5 with respect + to such device. + (2) Simplified acquisition threshold.--Notwithstanding section + 1905 of title 41, United States Code, the requirements under + paragraph (1) shall apply to a contract or subcontract in amounts + not greater than the simplified acquisition threshold. (b) Waiver.-- - (1) Authority.--The head of an agency may waive the - prohibition under subsection (a)(1) with respect to an Internet - of Things device if the Chief Information Officer of that - agency determines that-- - (A) the waiver is necessary in the interest of - national security; - (B) procuring, obtaining, or using such device is - necessary for research purposes; or - (C) such device is secured using alternative and - effective methods appropriate to the function of such - device. - (2) Agency process.--The Director of OMB shall establish a - standardized process for the Chief Information Officer of each - agency to follow in determining whether the waiver under - paragraph (1) may be granted. + (1) Authority.--The head of an agency may waive the prohibition + under subsection (a)(1) with respect to an Internet of Things + device if the Chief Information Officer of that agency determines + that-- + (A) the waiver is necessary in the interest of national + security; + (B) procuring, obtaining, or using such device is necessary + for research purposes; or + (C) such device is secured using alternative and effective + methods appropriate to the function of such device. + (2) Agency process.--The Director of OMB shall establish a + standardized process for the Chief Information Officer of each + agency to follow in determining whether the waiver under paragraph + (1) may be granted. (c) Reports to Congress.-- - (1) Report.--Every 2 years during the 6-year period - beginning on the date of the enactment of this Act, the - Comptroller General of the United States shall submit to the - Committee on Oversight and Reform of the House of - Representatives, the Committee on Homeland Security of the - House of Representatives, and the Committee on Homeland - Security and Governmental Affairs of the Senate a report-- - (A) on the effectiveness of the process established - under subsection (b)(2); - (B) that contains recommended best practices for - the procurement of Internet of Things devices; and - (C) that lists-- - (i) the number and type of each Internet of - Things device for which a waiver under - subsection (b)(1) was granted during the 2-year - period prior to the submission of the report; - and - (ii) the legal authority under which each - such waiver was granted, such as whether the - waiver was granted pursuant to subparagraph - (A), (B), or (C) of such subsection. - (2) Classification of report.--Each report submitted under - this subsection shall be submitted in unclassified form, but - may include a classified annex that contains the information - described under paragraph (1)(C). + (1) Report.--Every 2 years during the 6-year period beginning + on the date of the enactment of this Act, the Comptroller General + of the United States shall submit to the Committee on Oversight and + Reform of the House of Representatives, the Committee on Homeland + Security of the House of Representatives, and the Committee on + Homeland Security and Governmental Affairs of the Senate a report-- + (A) on the effectiveness of the process established under + subsection (b)(2); + (B) that contains recommended best practices for the + procurement of Internet of Things devices; and + (C) that lists-- + (i) the number and type of each Internet of Things + device for which a waiver under subsection (b)(1) was + granted during the 2-year period prior to the submission of + the report; and + (ii) the legal authority under which each such waiver + was granted, such as whether the waiver was granted + pursuant to subparagraph (A), (B), or (C) of such + subsection. + (2) Classification of report.--Each report submitted under this + subsection shall be submitted in unclassified form, but may include + a classified annex that contains the information described under + paragraph (1)(C). (d) Effective Date.--The prohibition under subsection (a)(1) shall take effect 2 years after the date of the enactment of this Act. - SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBERSECURITY - CONSIDERATIONS STEMMING FROM THE CONVERGENCE OF - INFORMATION TECHNOLOGY, INTERNET OF THINGS, AND - OPERATIONAL TECHNOLOGY DEVICES, NETWORKS, AND SYSTEMS. - +CONSIDERATIONS STEMMING FROM THE CONVERGENCE OF INFORMATION TECHNOLOGY, +INTERNET OF THINGS, AND OPERATIONAL TECHNOLOGY DEVICES, NETWORKS, AND +SYSTEMS. (a) Briefing.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall provide a briefing to the Committee on Oversight and Reform of @@ -345,8 +313,8 @@ Governmental Affairs of the Senate on broader Internet of Things efforts, including projects designed to assist in managing potential security vulnerabilities associated with the use of traditional information technology devices, networks, and systems with-- - (1) Internet of Things devices, networks, and systems; and - (2) operational technology devices, networks, and systems. + (1) Internet of Things devices, networks, and systems; and + (2) operational technology devices, networks, and systems. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Oversight and Reform of the House of Representatives, the @@ -354,10 +322,7 @@ Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate on broader Internet of Things efforts addressed in subsection (a). - Passed the House of Representatives September 14, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From e50aec506a23322a92cc6d1412531b65653755bf Mon Sep 17 00:00:00 2001 From: "Rep. Speier, Jackie [D-CA-14]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 178/984] House-1773: Introduced to House --- bills_text/House-1773.txt | 137 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 137 insertions(+) create mode 100644 bills_text/House-1773.txt diff --git a/bills_text/House-1773.txt b/bills_text/House-1773.txt new file mode 100644 index 0000000..6ef6ba6 --- /dev/null +++ b/bills_text/House-1773.txt @@ -0,0 +1,137 @@ +116th CONGRESS + 1st Session + H. R. 1773 + +To award a Congressional Gold Medal, collectively, to the women in the + United States who joined the workforce during World War II, providing +the aircraft, vehicles, weaponry, ammunition and other material to win +the war, that were referred to as ``Rosie the Riveter'', in recognition + of their contributions to the United States and the inspiration they + have provided to ensuing generations. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 14, 2019 + + Ms. Speier (for herself, Mr. Fitzpatrick, Mr. Huffman, and Mr. + DeSaulnier) introduced the following bill; which was referred to the + Committee on Financial Services, and in addition to the Committee on +House Administration, for a period to be subsequently determined by the + Speaker, in each case for consideration of such provisions as fall + within the jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + +To award a Congressional Gold Medal, collectively, to the women in the + United States who joined the workforce during World War II, providing +the aircraft, vehicles, weaponry, ammunition and other material to win +the war, that were referred to as ``Rosie the Riveter'', in recognition + of their contributions to the United States and the inspiration they + have provided to ensuing generations. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Rosie the Riveter Congressional Gold +Medal Act of 2019''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Over 70 years ago there was a call to action, a demand + for workers to fill the vacancies left by the men who went to + fight in the war. + (2) More than 6 million women answered the call then, + entering the workforce during World War II and providing the + equipment, weaponry and ammunition to achieve final victory and + end the war. + (3) These women left their homes to work or volunteer full- + time in factories, farms, shipyards, airplane factories, banks, + and other institutions in support of the military overseas. + (4) They worked with the United Service Organizations and + the American Red Cross, drove trucks, riveted airplane parts, + collected critical materials, rolled bandages, and served on + rationing boards. + (5) Our ``Rosie the Riveter'', the women who worked and + sacrificed to strengthen this country during World War II, are + among the greatest living heroines in the United States. + (6) These women persevered, despite often facing harassment + from their male colleagues and disapproval from their male + family members, and all the while continued to maintain their + ``other jobs'' as caretakers of children and their households. + (7) Minority women also overcame long-held policies of + discrimination and made significant contributions to the war + effort. + (8) Because of the ``Rosies'', Federal, State, and local + agencies coordinated with business owners to develop childcare + programs and other supports for working mothers. + (9) The example that these women set during World War II + continues to inspire us and blaze a path for the working women + and young girls of today. + (10) Specifically, the images of ``Rosie the Riveter'' and + the phrase ``We Can Do It'' continue to symbolize the + empowerment of women today, representing patriotic women who + want to serve and strengthen their country, and to inspire + young girls to become ``21st Century Rosies'' by aspiring to, + and attaining positions of leadership in all walks of life in + America. + +SEC. 3. DEFINITIONS. + + (a) Rosie the Riveter.--The term ``Rosie the Riveter'' includes any +female individual who held employment or volunteered in support of the +war efforts during World War II. + (b) Secretary.--The term ``Secretary'' means the Secretary of the +Treasury. + +SEC. 4. CONGRESSIONAL GOLD MEDAL. + + (a) Award Authorized.--The Speaker of the House of Representatives +and the President pro tempore of the Senate shall make appropriate +arrangements for the award, on behalf of Congress, of a single gold +medal of appropriate design in commemoration to Rosie the Riveter, +collectively, in recognition of their contributions to the Nation and +the inspiration they have provided to ensuing generations. + (b) Design and Striking.--For the purposes of the award referred to +in subsection (a), the Secretary of the Treasury (referred to in this +Act as the ``Secretary'') shall strike the gold medal with suitable +emblems, devices, and inscriptions, to be determined by the Secretary. + (c) National Museum of American History.-- + (1) In general.--Following the award of the gold medal + under subsection (a), the gold medal shall be given to the + National Museum of American History of the Smithsonian + Institution, where it shall be available for display as + appropriate and made available for research. + (2) Sense of congress.--It is the sense of Congress that + the National Museum of American History shall make the gold + medal received under paragraph (1) available for display + elsewhere, particularly at other appropriate locations + associated with Rosie the Riveter. + +SEC. 5. DUPLICATE MEDALS. + + The Secretary may strike and sell duplicates in bronze of the gold +medal struck pursuant to section 4 under such regulations as the +Secretary may prescribe, at a price sufficient to cover the cost +thereof, including labor, materials, dies, use of machinery, and +overhead expenses, and the cost of the gold medal. + +SEC. 6. STATUS OF MEDALS. + + (a) National Medals.--The medals struck pursuant to this Act are +national medals for purposes of chapter 51 of title 31, United States +Code. + (b) Numismatic Items.--For purposes of section 5134 of title 31, +United States Code, all medals struck under this Act shall be +considered to be numismatic items. + \ No newline at end of file From cbd9d4e9886628704abe6c08bd0da1f7ca6adf03 Mon Sep 17 00:00:00 2001 From: "Rep. Speier, Jackie [D-CA-14]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 179/984] House-1773: Engrossed in House --- bills_text/House-1773.txt | 56 ++++++++++++++++++++++----------------- 1 file changed, 32 insertions(+), 24 deletions(-) diff --git a/bills_text/House-1773.txt b/bills_text/House-1773.txt index 6ef6ba6..0c2b673 100644 --- a/bills_text/House-1773.txt +++ b/bills_text/House-1773.txt @@ -2,31 +2,9 @@ 1st Session H. R. 1773 -To award a Congressional Gold Medal, collectively, to the women in the - United States who joined the workforce during World War II, providing -the aircraft, vehicles, weaponry, ammunition and other material to win -the war, that were referred to as ``Rosie the Riveter'', in recognition - of their contributions to the United States and the inspiration they - have provided to ensuing generations. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 14, 2019 - - Ms. Speier (for herself, Mr. Fitzpatrick, Mr. Huffman, and Mr. - DeSaulnier) introduced the following bill; which was referred to the - Committee on Financial Services, and in addition to the Committee on -House Administration, for a period to be subsequently determined by the - Speaker, in each case for consideration of such provisions as fall - within the jurisdiction of the committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -134,4 +112,34 @@ Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. - \ No newline at end of file + +SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives November 13, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1773 + +_______________________________________________________________________ + + AN ACT + +To award a Congressional Gold Medal, collectively, to the women in the + United States who joined the workforce during World War II, providing +the aircraft, vehicles, weaponry, ammunition and other material to win +the war, that were referred to as ``Rosie the Riveter'', in recognition + of their contributions to the United States and the inspiration they + have provided to ensuing generations. From dd3c1ae17d89b1f7844d98e487098b1f00823bb4 Mon Sep 17 00:00:00 2001 From: "Rep. Speier, Jackie [D-CA-14]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 180/984] House-1773: Enrolled --- bills_text/House-1773.txt | 156 ++++++++++++++++---------------------- 1 file changed, 66 insertions(+), 90 deletions(-) diff --git a/bills_text/House-1773.txt b/bills_text/House-1773.txt index 0c2b673..50f57d3 100644 --- a/bills_text/House-1773.txt +++ b/bills_text/House-1773.txt @@ -1,79 +1,78 @@ -116th CONGRESS - 1st Session - H. R. 1773 + H.R.1773 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To award a Congressional Gold Medal, collectively, to the women in the + To award a Congressional Gold Medal, collectively, to the women in the United States who joined the workforce during World War II, providing -the aircraft, vehicles, weaponry, ammunition and other material to win + the aircraft, vehicles, weaponry, ammunition and other material to win the war, that were referred to as ``Rosie the Riveter'', in recognition - of their contributions to the United States and the inspiration they - have provided to ensuing generations. + of their contributions to the United States and the inspiration they + have provided to ensuing generations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Rosie the Riveter Congressional Gold Medal Act of 2019''. - SEC. 2. FINDINGS. - Congress finds the following: - (1) Over 70 years ago there was a call to action, a demand - for workers to fill the vacancies left by the men who went to - fight in the war. - (2) More than 6 million women answered the call then, - entering the workforce during World War II and providing the - equipment, weaponry and ammunition to achieve final victory and - end the war. - (3) These women left their homes to work or volunteer full- - time in factories, farms, shipyards, airplane factories, banks, - and other institutions in support of the military overseas. - (4) They worked with the United Service Organizations and - the American Red Cross, drove trucks, riveted airplane parts, - collected critical materials, rolled bandages, and served on - rationing boards. - (5) Our ``Rosie the Riveter'', the women who worked and - sacrificed to strengthen this country during World War II, are - among the greatest living heroines in the United States. - (6) These women persevered, despite often facing harassment - from their male colleagues and disapproval from their male - family members, and all the while continued to maintain their - ``other jobs'' as caretakers of children and their households. - (7) Minority women also overcame long-held policies of - discrimination and made significant contributions to the war - effort. - (8) Because of the ``Rosies'', Federal, State, and local - agencies coordinated with business owners to develop childcare - programs and other supports for working mothers. - (9) The example that these women set during World War II - continues to inspire us and blaze a path for the working women - and young girls of today. - (10) Specifically, the images of ``Rosie the Riveter'' and - the phrase ``We Can Do It'' continue to symbolize the - empowerment of women today, representing patriotic women who - want to serve and strengthen their country, and to inspire - young girls to become ``21st Century Rosies'' by aspiring to, - and attaining positions of leadership in all walks of life in - America. - + (1) Over 70 years ago there was a call to action, a demand for + workers to fill the vacancies left by the men who went to fight in + the war. + (2) More than 6 million women answered the call then, entering + the workforce during World War II and providing the equipment, + weaponry and ammunition to achieve final victory and end the war. + (3) These women left their homes to work or volunteer full-time + in factories, farms, shipyards, airplane factories, banks, and + other institutions in support of the military overseas. + (4) They worked with the United Service Organizations and the + American Red Cross, drove trucks, riveted airplane parts, collected + critical materials, rolled bandages, and served on rationing + boards. + (5) Our ``Rosie the Riveter'', the women who worked and + sacrificed to strengthen this country during World War II, are + among the greatest living heroines in the United States. + (6) These women persevered, despite often facing harassment + from their male colleagues and disapproval from their male family + members, and all the while continued to maintain their ``other + jobs'' as caretakers of children and their households. + (7) Minority women also overcame long-held policies of + discrimination and made significant contributions to the war + effort. + (8) Because of the ``Rosies'', Federal, State, and local + agencies coordinated with business owners to develop childcare + programs and other supports for working mothers. + (9) The example that these women set during World War II + continues to inspire us and blaze a path for the working women and + young girls of today. + (10) Specifically, the images of ``Rosie the Riveter'' and the + phrase ``We Can Do It'' continue to symbolize the empowerment of + women today, representing patriotic women who want to serve and + strengthen their country, and to inspire young girls to become + ``21st Century Rosies'' by aspiring to, and attaining positions of + leadership in all walks of life in America. SEC. 3. DEFINITIONS. - (a) Rosie the Riveter.--The term ``Rosie the Riveter'' includes any female individual who held employment or volunteered in support of the war efforts during World War II. (b) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. - SEC. 4. CONGRESSIONAL GOLD MEDAL. - (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold @@ -85,36 +84,30 @@ in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) National Museum of American History.-- - (1) In general.--Following the award of the gold medal - under subsection (a), the gold medal shall be given to the - National Museum of American History of the Smithsonian - Institution, where it shall be available for display as - appropriate and made available for research. - (2) Sense of congress.--It is the sense of Congress that - the National Museum of American History shall make the gold - medal received under paragraph (1) available for display - elsewhere, particularly at other appropriate locations - associated with Rosie the Riveter. - + (1) In general.--Following the award of the gold medal under + subsection (a), the gold medal shall be given to the National + Museum of American History of the Smithsonian Institution, where it + shall be available for display as appropriate and made available + for research. + (2) Sense of congress.--It is the sense of Congress that the + National Museum of American History shall make the gold medal + received under paragraph (1) available for display elsewhere, + particularly at other appropriate locations associated with Rosie + the Riveter. SEC. 5. DUPLICATE MEDALS. - The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 4 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. - SEC. 6. STATUS OF MEDALS. - (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. - SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -122,24 +115,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives November 13, 2019. - - Attest: + Speaker of the House of Representatives. - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1773 - -_______________________________________________________________________ - - AN ACT - -To award a Congressional Gold Medal, collectively, to the women in the - United States who joined the workforce during World War II, providing -the aircraft, vehicles, weaponry, ammunition and other material to win -the war, that were referred to as ``Rosie the Riveter'', in recognition - of their contributions to the United States and the inspiration they - have provided to ensuing generations. + Vice President of the United States and + President of the Senate. From 2e3a6cbf128efc0d7befd85e5c7b7a738d4dfa0a Mon Sep 17 00:00:00 2001 From: "Rep. Roe, David P. [R-TN-1]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 181/984] House-1812: Introduced to House --- bills_text/House-1812.txt | 69 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 69 insertions(+) create mode 100644 bills_text/House-1812.txt diff --git a/bills_text/House-1812.txt b/bills_text/House-1812.txt new file mode 100644 index 0000000..0d89aca --- /dev/null +++ b/bills_text/House-1812.txt @@ -0,0 +1,69 @@ +116th CONGRESS + 1st Session + H. R. 1812 + + To amend title 38, United States Code, to furnish Vet Center + readjustment counseling and related mental health services to certain + individuals. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 18, 2019 + +Mr. David P. Roe of Tennessee (for himself and Mr. Levin of California) + introduced the following bill; which was referred to the Committee on + Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend title 38, United States Code, to furnish Vet Center + readjustment counseling and related mental health services to certain + individuals. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Vet Center Eligibility Expansion +Act''. + +SEC. 2. EXPANSION OF VET CENTER SERVICES. + + Section 1712A of title 38, United States Code, is amended-- + (1) by striking ``clauses (i) through (iv)'' both places it + appears and inserting ``clauses (i) through (vi)''; + (2) by striking ``in clause (v)'' both places it appears + and inserting ``in clause (vii)''; + (3) in subsection (a)(1)(C)-- + (A) by redesignating clauses (iv) and (v) as + clauses (vi) and (vii), respectively; and + (B) by inserting after clause (iii) the following + new clauses: + ``(iv) Any individual who is a veteran or member of the + Armed Forces, including a member of a reserve component of the + Armed Forces, who served-- + ``(I) on active service in response to a national + emergency or major disaster declared by the President; + or + ``(II) in the National Guard of a State under + orders of the chief executive of that State in response + to a disaster or civil disorder in such State. + ``(v) Any individual who participated in a drug + interdiction operation as a member of the Coast Guard, + regardless of the location of that operation.''; and + (4) in subsection (h), by adding at the end the following + new paragraphs: + ``(4) The term `active service' has the meaning given that + term in section 101 of title 10. + ``(5) The term `civil disorder' has the meaning given that + term in section 232 of title 18.''. + \ No newline at end of file From 6b220a4000f57e26459d449a5fa88aabd0e0665a Mon Sep 17 00:00:00 2001 From: "Rep. Roe, David P. [R-TN-1]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 182/984] House-1812: Engrossed in House --- bills_text/House-1812.txt | 47 ++++++++++++++++++++++++--------------- 1 file changed, 29 insertions(+), 18 deletions(-) diff --git a/bills_text/House-1812.txt b/bills_text/House-1812.txt index 0d89aca..269bf0e 100644 --- a/bills_text/House-1812.txt +++ b/bills_text/House-1812.txt @@ -2,25 +2,9 @@ 1st Session H. R. 1812 - To amend title 38, United States Code, to furnish Vet Center - readjustment counseling and related mental health services to certain - individuals. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 18, 2019 - -Mr. David P. Roe of Tennessee (for himself and Mr. Levin of California) - introduced the following bill; which was referred to the Committee on - Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -66,4 +50,31 @@ SEC. 2. EXPANSION OF VET CENTER SERVICES. term in section 101 of title 10. ``(5) The term `civil disorder' has the meaning given that term in section 232 of title 18.''. - \ No newline at end of file + +SEC. 3. PLAN TO PROVIDE VET CENTER SERVICES TO VETERANS LIVING IN AREAS + WHERE NO VET CENTER IS LOCATED. + + The Secretary of Veterans Affairs shall submit to the Committees on +Veterans' Affairs of the Senate and House of Representatives a plan to +provide Vet Center services to veterans living in geographic areas +where no Vet Center is located, including in the United States insular +areas. + + Passed the House of Representatives May 21, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1812 + +_______________________________________________________________________ + + AN ACT + + To amend title 38, United States Code, to furnish Vet Center + readjustment counseling and related mental health services to certain + individuals. From fd21538ecd73b14db33faff3f8843cb059dce328 Mon Sep 17 00:00:00 2001 From: "Rep. Roe, David P. [R-TN-1]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 183/984] House-1812: Received in Senate --- bills_text/House-1812.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-1812.txt b/bills_text/House-1812.txt index 269bf0e..1d8500c 100644 --- a/bills_text/House-1812.txt +++ b/bills_text/House-1812.txt @@ -2,6 +2,16 @@ 1st Session H. R. 1812 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 22, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -64,17 +74,6 @@ areas. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1812 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To amend title 38, United States Code, to furnish Vet Center - readjustment counseling and related mental health services to certain - individuals. + Clerk. From b49ac7dfa05de70e5654ab793370e05347ee9145 Mon Sep 17 00:00:00 2001 From: "Rep. Roe, David P. [R-TN-1]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 184/984] House-1812: Enrolled --- bills_text/House-1812.txt | 89 +++++++++++++++++---------------------- 1 file changed, 39 insertions(+), 50 deletions(-) diff --git a/bills_text/House-1812.txt b/bills_text/House-1812.txt index 1d8500c..beac780 100644 --- a/bills_text/House-1812.txt +++ b/bills_text/House-1812.txt @@ -1,79 +1,68 @@ -116th CONGRESS - 1st Session - H. R. 1812 + H.R.1812 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - May 22, 2019 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To amend title 38, United States Code, to furnish Vet Center + To amend title 38, United States Code, to furnish Vet Center readjustment counseling and related mental health services to certain individuals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Vet Center Eligibility Expansion Act''. - SEC. 2. EXPANSION OF VET CENTER SERVICES. - Section 1712A of title 38, United States Code, is amended-- - (1) by striking ``clauses (i) through (iv)'' both places it - appears and inserting ``clauses (i) through (vi)''; - (2) by striking ``in clause (v)'' both places it appears - and inserting ``in clause (vii)''; - (3) in subsection (a)(1)(C)-- - (A) by redesignating clauses (iv) and (v) as - clauses (vi) and (vii), respectively; and - (B) by inserting after clause (iii) the following - new clauses: - ``(iv) Any individual who is a veteran or member of the - Armed Forces, including a member of a reserve component of the - Armed Forces, who served-- - ``(I) on active service in response to a national - emergency or major disaster declared by the President; - or - ``(II) in the National Guard of a State under - orders of the chief executive of that State in response - to a disaster or civil disorder in such State. - ``(v) Any individual who participated in a drug - interdiction operation as a member of the Coast Guard, - regardless of the location of that operation.''; and - (4) in subsection (h), by adding at the end the following - new paragraphs: - ``(4) The term `active service' has the meaning given that - term in section 101 of title 10. - ``(5) The term `civil disorder' has the meaning given that - term in section 232 of title 18.''. - + (1) by striking ``clauses (i) through (iv)'' both places it + appears and inserting ``clauses (i) through (vi)''; + (2) by striking ``in clause (v)'' both places it appears and + inserting ``in clause (vii)''; + (3) in subsection (a)(1)(C)-- + (A) by redesignating clauses (iv) and (v) as clauses (vi) + and (vii), respectively; and + (B) by inserting after clause (iii) the following new + clauses: + ``(iv) Any individual who is a veteran or member of the Armed + Forces, including a member of a reserve component of the Armed + Forces, who served-- + ``(I) on active service in response to a national emergency + or major disaster declared by the President; or + ``(II) in the National Guard of a State under orders of the + chief executive of that State in response to a disaster or + civil disorder in such State. + ``(v) Any individual who participated in a drug interdiction + operation as a member of the Coast Guard, regardless of the + location of that operation.''; and + (4) in subsection (h), by adding at the end the following new + paragraphs: + ``(4) The term `active service' has the meaning given that term + in section 101 of title 10. + ``(5) The term `civil disorder' has the meaning given that term + in section 232 of title 18.''. SEC. 3. PLAN TO PROVIDE VET CENTER SERVICES TO VETERANS LIVING IN AREAS - WHERE NO VET CENTER IS LOCATED. - +WHERE NO VET CENTER IS LOCATED. The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan to provide Vet Center services to veterans living in geographic areas where no Vet Center is located, including in the United States insular areas. - Passed the House of Representatives May 21, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 28651c3a3e5168353c4f24a59bc3238c61f83605 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Sean Patrick [D-NY-18]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 185/984] House-1830: Introduced to House --- bills_text/House-1830.txt | 201 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 201 insertions(+) create mode 100644 bills_text/House-1830.txt diff --git a/bills_text/House-1830.txt b/bills_text/House-1830.txt new file mode 100644 index 0000000..a1c40f3 --- /dev/null +++ b/bills_text/House-1830.txt @@ -0,0 +1,201 @@ +116th CONGRESS + 1st Session + H. R. 1830 + +To require the Secretary of the Treasury to mint coins in commemoration + of the National Purple Heart Hall of Honor. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 18, 2019 + + Mr. Sean Patrick Maloney of New York (for himself, Mr. Gallagher, Mr. + Cook, Ms. Clarke of New York, Ms. Pingree, Ms. Norton, Mr. Connolly, +Mr. Cicilline, Ms. Schakowsky, Mr. Serrano, Ms. Matsui, Mr. Sires, Mrs. +Lowey, Ms. Judy Chu of California, Mr. Cole, Mr. Bishop of Georgia, Mr. + Deutch, Mr. Sablan, Mr. Quigley, Mr. Garamendi, Ms. Brownley of +California, Mr. Collins of New York, Mr. Ryan, Mr. Himes, Ms. Kelly of + Illinois, Mr. Ruiz, Mr. Pocan, Ms. Lofgren, Mr. Cardenas, Mr. Takano, + Miss Rice of New York, Mr. Larson of Connecticut, Mr. Cooper, Mr. +Loebsack, Ms. Kuster of New Hampshire, Mr. Thompson of California, Mr. +Suozzi, Mr. Kildee, Ms. Stefanik, Mr. Pallone, Ms. Plaskett, Mr. Neal, +Ms. Sanchez, Mr. Gallego, Mr. David Scott of Georgia, Ms. Jackson Lee, + Ms. Kaptur, Mr. Yarmuth, Mr. Correa, Mr. Tonko, Mr. Butterfield, Mr. + Scott of Virginia, Mr. Kilmer, Mr. Rush, Mr. McGovern, Mr. Espaillat, + Mr. Raskin, Mr. Kennedy, Mr. O'Halleran, Mr. Peters, Mr. DeFazio, Mr. + Lipinski, Mr. Higgins of New York, Ms. Eshoo, Mr. Fortenberry, Mr. + Cartwright, Mr. Mullin, Mr. Yoho, Mr. Rutherford, Miss Gonzalez-Colon + of Puerto Rico, Mr. King of Iowa, Mr. Wittman, Mr. Bacon, Mr. Payne, + Mr. Grijalva, Ms. Velazquez, Mr. Swalwell of California, Mr. Veasey, + Mr. Gonzalez of Texas, Mr. Hudson, Mr. Graves of Missouri, Mr. Beyer, + Mr. Johnson of Georgia, Mr. Wilson of South Carolina, Mrs. Demings, + Mrs. Carolyn B. Maloney of New York, Ms. Meng, Mrs. Bustos, Mr. + Huffman, Mr. Engel, Mr. Meeks, Mr. Pascrell, Mr. Norcross, Mr. + Kinzinger, Mr. Carson of Indiana, Mr. Moolenaar, Mr. Cuellar, Mr. +Moulton, Mr. Marshall, Ms. Gabbard, Mr. King of New York, Mr. Price of + North Carolina, Mr. Ruppersberger, Mr. Perlmutter, Mr. Kind, Mr. +Vargas, Mr. Bera, Mrs. Dingell, Ms. Roybal-Allard, Mr. Heck, Ms. Castor + of Florida, Ms. Adams, Mr. Fitzpatrick, Mr. Gaetz, Mr. Panetta, Mr. + Khanna, Mr. Nadler, Mr. Tipton, Mr. Bergman, Ms. McCollum, Mr. + Peterson, Ms. Sewell of Alabama, Mr. McEachin, Mr. Brooks of Alabama, + Mr. Blumenauer, Ms. Clark of Massachusetts, Mr. Larsen of Washington, +Mr. Zeldin, Mr. Krishnamoorthi, Mr. Posey, Mr. Cohen, Ms. DeLauro, Mr. + Hunter, Ms. Barragan, Mrs. Watson Coleman, Mr. Katko, Mr. Gottheimer, + Mr. Meadows, Mr. Norman, Ms. Fudge, Mr. Soto, Ms. Moore, Mr. LaMalfa, + Mr. Hastings, Mr. Crist, Mr. Byrne, Mr. Costa, Mr. Cleaver, Mr. +Shimkus, Mr. Rose of New York, Mr. Morelle, Mr. Rouda, Mr. Delgado, Ms. +Wild, Mr. Kelly of Mississippi, Mr. Cisneros, Mr. Vela, Mr. Baird, Mr. +Mast, Mr. Gibbs, Mr. Gonzalez of Ohio, Mr. Brindisi, Mr. McKinley, Mr. +Weber of Texas, Mr. Babin, Mr. Lamborn, and Mr. Smucker) introduced the + following bill; which was referred to the Committee on Financial + Services + +_______________________________________________________________________ + + A BILL + + + +To require the Secretary of the Treasury to mint coins in commemoration + of the National Purple Heart Hall of Honor. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Purple Heart Hall of Honor +Commemorative Coin Act''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) The National Purple Heart Hall of Honor's mission is-- + (A) to commemorate the extraordinary sacrifice of + America's servicemen and servicewomen who were killed + or wounded by enemy action; and + (B) to collect and preserve the stories of Purple + Heart recipients from all branches of service and + across generations to ensure that all recipients are + represented. + (2) The National Purple Heart Hall of Honor first opened + its doors on November 10, 2006, in New Windsor, NY. + (3) The National Purple Heart Hall of Honor is co-located + with the New Windsor Cantonment State Historic Site. + (4) The National Purple Heart Hall of Honor is the first to + recognize the estimated 1.8 million U.S. servicemembers wounded + or killed in action representing recipients from the Civil War + to the present day, serving as a living memorial to their + sacrifice by sharing their stories through interviews, exhibits + and the Roll of Honor, an interactive computer database of each + recipient enrolled. + +SEC. 3. COIN SPECIFICATIONS. + + (a) Denominations.--The Secretary of the Treasury (hereafter in +this Act referred to as the ``Secretary'') shall mint and issue the +following coins: + (1) $5 gold coins.--Not more than 50,000 $5 coins, which + shall-- + (A) weigh 8.359 grams; + (B) have a diameter of 0.850 inches; and + (C) contain 90 percent gold and 10 percent alloy. + (2) $1 silver coins.--Not more than 400,000 $1 coins, which + shall-- + (A) weigh 26.73 grams; + (B) have a diameter of 1.500 inches; and + (C) contain not less than 90 percent silver. + (3) Half-dollar clad coins.--Not more than 750,000 half- + dollar coins which shall-- + (A) weigh 11.34 grams; + (B) have a diameter of 1.205 inches; and + (C) be minted to the specifications for half-dollar + coins contained in section 5112(b) of title 31, United + States Code. + (b) Legal Tender.--The coins minted under this Act shall be legal +tender, as provided in section 5103 of title 31, United States Code. + (c) Numismatic Items.--For purposes of section 5134 of title 31, +United States Code, all coins minted under this Act shall be considered +to be numismatic items. + +SEC. 4. DESIGN OF COINS. + + (a) Design Requirements.-- + (1) In general.--The design of the coins minted under this + Act shall be emblematic of the National Purple Heart Hall of + Honor. + (2) Designation and inscriptions.--On each coin minted + under this Act there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2021''; and + (C) inscriptions of the words ``Liberty'', ``In God + We Trust'', ``United States of America'', and ``E + Pluribus Unum''. + (b) Selection.--The design for the coins minted under this Act +shall be-- + (1) selected by the Secretary after consultation with the + Commission of Fine Arts and the National Purple Heart Hall of + Honor, Inc.; and + (2) reviewed by the Citizens Coinage Advisory Committee. + +SEC. 5. ISSUANCE OF COINS. + + (a) Quality of Coins.--Coins minted under this Act shall be issued +in uncirculated and proof qualities. + (b) Mint Facility.--Only the West Point Mint may be used to strike +any particular quality of the coins minted under this Act. + (c) Period for Issuance.--The Secretary may issue coins minted +under this Act only during the 1-year period beginning on January 1, +2021. + +SEC. 6. SALE OF COINS. + + (a) Sale Price.--The coins issued under this Act shall be sold by +the Secretary at a price equal to the sum of-- + (1) the face value of the coins; + (2) the surcharge provided in section 7(a) with respect to + such coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). + (b) Bulk Sales.--The Secretary shall make bulk sales of the coins +issued under this Act at a reasonable discount. + (c) Prepaid Orders.-- + (1) In general.--The Secretary shall accept prepaid orders + for the coins minted under this Act before the issuance of such + coins. + (2) Discount.--Sale prices with respect to prepaid orders + under paragraph (1) shall be at a reasonable discount. + +SEC. 7. SURCHARGES. + + (a) In General.--All sales of coins issued under this Act shall +include a surcharge of-- + (1) $35 per coin for the $5 coin; + (2) $10 per coin for the $1 coin; and + (3) $5 per coin for the half-dollar coin. + (b) Distribution.--Subject to section 5134(f)(1) of title 31, +United States Code, all surcharges received by the Secretary from the +sale of coins issued under this Act shall be promptly paid by the +Secretary to the National Purple Heart Hall of Honor, Inc., to support +the mission of the National Purple Heart Hall of Honor, Inc., including +capital improvements to the National Purple Heart Hall of Honor +facilities. + (c) Audits.--The National Purple Heart Hall of Honor, Inc., shall +be subject to the audit requirements of section 5134(f)(2) of title 31, +United States Code, with regard to the amounts received under +subsection (b). + (d) Limitation.--Notwithstanding subsection (a), no surcharge may +be included with respect to the issuance under this Act of any coin +during a calendar year if, as of the time of such issuance, the +issuance of such coin would result in the number of commemorative coin +programs issued during such year to exceed the annual 2 commemorative +coin program issuance limitation under section 5112(m)(1) of title 31, +United States Code (as in effect on the date of the enactment of this +Act). The Secretary of the Treasury may issue guidance to carry out +this subsection. + \ No newline at end of file From 11fb8ae5c014f7bbc73a138f22e1aacaa9ac7ea0 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Sean Patrick [D-NY-18]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 186/984] House-1830: Engrossed in House --- bills_text/House-1830.txt | 96 ++++++++++++++------------------------- 1 file changed, 35 insertions(+), 61 deletions(-) diff --git a/bills_text/House-1830.txt b/bills_text/House-1830.txt index a1c40f3..f691742 100644 --- a/bills_text/House-1830.txt +++ b/bills_text/House-1830.txt @@ -2,61 +2,9 @@ 1st Session H. R. 1830 -To require the Secretary of the Treasury to mint coins in commemoration - of the National Purple Heart Hall of Honor. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 18, 2019 - - Mr. Sean Patrick Maloney of New York (for himself, Mr. Gallagher, Mr. - Cook, Ms. Clarke of New York, Ms. Pingree, Ms. Norton, Mr. Connolly, -Mr. Cicilline, Ms. Schakowsky, Mr. Serrano, Ms. Matsui, Mr. Sires, Mrs. -Lowey, Ms. Judy Chu of California, Mr. Cole, Mr. Bishop of Georgia, Mr. - Deutch, Mr. Sablan, Mr. Quigley, Mr. Garamendi, Ms. Brownley of -California, Mr. Collins of New York, Mr. Ryan, Mr. Himes, Ms. Kelly of - Illinois, Mr. Ruiz, Mr. Pocan, Ms. Lofgren, Mr. Cardenas, Mr. Takano, - Miss Rice of New York, Mr. Larson of Connecticut, Mr. Cooper, Mr. -Loebsack, Ms. Kuster of New Hampshire, Mr. Thompson of California, Mr. -Suozzi, Mr. Kildee, Ms. Stefanik, Mr. Pallone, Ms. Plaskett, Mr. Neal, -Ms. Sanchez, Mr. Gallego, Mr. David Scott of Georgia, Ms. Jackson Lee, - Ms. Kaptur, Mr. Yarmuth, Mr. Correa, Mr. Tonko, Mr. Butterfield, Mr. - Scott of Virginia, Mr. Kilmer, Mr. Rush, Mr. McGovern, Mr. Espaillat, - Mr. Raskin, Mr. Kennedy, Mr. O'Halleran, Mr. Peters, Mr. DeFazio, Mr. - Lipinski, Mr. Higgins of New York, Ms. Eshoo, Mr. Fortenberry, Mr. - Cartwright, Mr. Mullin, Mr. Yoho, Mr. Rutherford, Miss Gonzalez-Colon - of Puerto Rico, Mr. King of Iowa, Mr. Wittman, Mr. Bacon, Mr. Payne, - Mr. Grijalva, Ms. Velazquez, Mr. Swalwell of California, Mr. Veasey, - Mr. Gonzalez of Texas, Mr. Hudson, Mr. Graves of Missouri, Mr. Beyer, - Mr. Johnson of Georgia, Mr. Wilson of South Carolina, Mrs. Demings, - Mrs. Carolyn B. Maloney of New York, Ms. Meng, Mrs. Bustos, Mr. - Huffman, Mr. Engel, Mr. Meeks, Mr. Pascrell, Mr. Norcross, Mr. - Kinzinger, Mr. Carson of Indiana, Mr. Moolenaar, Mr. Cuellar, Mr. -Moulton, Mr. Marshall, Ms. Gabbard, Mr. King of New York, Mr. Price of - North Carolina, Mr. Ruppersberger, Mr. Perlmutter, Mr. Kind, Mr. -Vargas, Mr. Bera, Mrs. Dingell, Ms. Roybal-Allard, Mr. Heck, Ms. Castor - of Florida, Ms. Adams, Mr. Fitzpatrick, Mr. Gaetz, Mr. Panetta, Mr. - Khanna, Mr. Nadler, Mr. Tipton, Mr. Bergman, Ms. McCollum, Mr. - Peterson, Ms. Sewell of Alabama, Mr. McEachin, Mr. Brooks of Alabama, - Mr. Blumenauer, Ms. Clark of Massachusetts, Mr. Larsen of Washington, -Mr. Zeldin, Mr. Krishnamoorthi, Mr. Posey, Mr. Cohen, Ms. DeLauro, Mr. - Hunter, Ms. Barragan, Mrs. Watson Coleman, Mr. Katko, Mr. Gottheimer, - Mr. Meadows, Mr. Norman, Ms. Fudge, Mr. Soto, Ms. Moore, Mr. LaMalfa, - Mr. Hastings, Mr. Crist, Mr. Byrne, Mr. Costa, Mr. Cleaver, Mr. -Shimkus, Mr. Rose of New York, Mr. Morelle, Mr. Rouda, Mr. Delgado, Ms. -Wild, Mr. Kelly of Mississippi, Mr. Cisneros, Mr. Vela, Mr. Baird, Mr. -Mast, Mr. Gibbs, Mr. Gonzalez of Ohio, Mr. Brindisi, Mr. McKinley, Mr. -Weber of Texas, Mr. Babin, Mr. Lamborn, and Mr. Smucker) introduced the - following bill; which was referred to the Committee on Financial - Services - _______________________________________________________________________ - A BILL + AN ACT @@ -87,12 +35,12 @@ SEC. 2. FINDINGS. (3) The National Purple Heart Hall of Honor is co-located with the New Windsor Cantonment State Historic Site. (4) The National Purple Heart Hall of Honor is the first to - recognize the estimated 1.8 million U.S. servicemembers wounded - or killed in action representing recipients from the Civil War - to the present day, serving as a living memorial to their - sacrifice by sharing their stories through interviews, exhibits - and the Roll of Honor, an interactive computer database of each - recipient enrolled. + recognize the estimated 1.8 million United States + servicemembers wounded or killed in action representing + recipients from the Civil War to the present day, serving as a + living memorial to their sacrifice by sharing their stories + through interviews, exhibits and the Roll of Honor, an + interactive computer database of each recipient enrolled. SEC. 3. COIN SPECIFICATIONS. @@ -193,9 +141,35 @@ subsection (b). be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin -programs issued during such year to exceed the annual 2 commemorative +programs issued during such year to exceed the annual two commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. - \ No newline at end of file + +SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 19, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1830 + +_______________________________________________________________________ + + AN ACT + +To require the Secretary of the Treasury to mint coins in commemoration + of the National Purple Heart Hall of Honor. From fc231a189a9828a7fea0a676951701d4b9af00d1 Mon Sep 17 00:00:00 2001 From: "Rep. Maloney, Sean Patrick [D-NY-18]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 187/984] House-1830: Enrolled --- bills_text/House-1830.txt | 225 ++++++++++++++++++-------------------- 1 file changed, 105 insertions(+), 120 deletions(-) diff --git a/bills_text/House-1830.txt b/bills_text/House-1830.txt index f691742..939af23 100644 --- a/bills_text/House-1830.txt +++ b/bills_text/House-1830.txt @@ -1,139 +1,134 @@ -116th CONGRESS - 1st Session - H. R. 1830 + H.R.1830 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To require the Secretary of the Treasury to mint coins in commemoration - of the National Purple Heart Hall of Honor. + of the National Purple Heart Hall of Honor. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``National Purple Heart Hall of Honor Commemorative Coin Act''. - SEC. 2. FINDINGS. - The Congress finds the following: - (1) The National Purple Heart Hall of Honor's mission is-- - (A) to commemorate the extraordinary sacrifice of - America's servicemen and servicewomen who were killed - or wounded by enemy action; and - (B) to collect and preserve the stories of Purple - Heart recipients from all branches of service and - across generations to ensure that all recipients are - represented. - (2) The National Purple Heart Hall of Honor first opened - its doors on November 10, 2006, in New Windsor, NY. - (3) The National Purple Heart Hall of Honor is co-located - with the New Windsor Cantonment State Historic Site. - (4) The National Purple Heart Hall of Honor is the first to - recognize the estimated 1.8 million United States - servicemembers wounded or killed in action representing - recipients from the Civil War to the present day, serving as a - living memorial to their sacrifice by sharing their stories - through interviews, exhibits and the Roll of Honor, an - interactive computer database of each recipient enrolled. - + (1) The National Purple Heart Hall of Honor's mission is-- + (A) to commemorate the extraordinary sacrifice of America's + servicemen and servicewomen who were killed or wounded by enemy + action; and + (B) to collect and preserve the stories of Purple Heart + recipients from all branches of service and across generations + to ensure that all recipients are represented. + (2) The National Purple Heart Hall of Honor first opened its + doors on November 10, 2006, in New Windsor, NY. + (3) The National Purple Heart Hall of Honor is co-located with + the New Windsor Cantonment State Historic Site. + (4) The National Purple Heart Hall of Honor is the first to + recognize the estimated 1.8 million U.S. servicemembers wounded or + killed in action representing recipients from the Civil War to the + present day, serving as a living memorial to their sacrifice by + sharing their stories through interviews, exhibits and the Roll of + Honor, an interactive computer database of each recipient enrolled. SEC. 3. COIN SPECIFICATIONS. - (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: - (1) $5 gold coins.--Not more than 50,000 $5 coins, which - shall-- - (A) weigh 8.359 grams; - (B) have a diameter of 0.850 inches; and - (C) contain 90 percent gold and 10 percent alloy. - (2) $1 silver coins.--Not more than 400,000 $1 coins, which - shall-- - (A) weigh 26.73 grams; - (B) have a diameter of 1.500 inches; and - (C) contain not less than 90 percent silver. - (3) Half-dollar clad coins.--Not more than 750,000 half- - dollar coins which shall-- - (A) weigh 11.34 grams; - (B) have a diameter of 1.205 inches; and - (C) be minted to the specifications for half-dollar - coins contained in section 5112(b) of title 31, United - States Code. + (1) $5 gold coins.--Not more than 50,000 $5 coins, which + shall-- + (A) weigh 8.359 grams; + (B) have a diameter of 0.850 inches; and + (C) contain 90 percent gold and 10 percent alloy. + (2) $1 silver coins.--Not more than 400,000 $1 coins, which + shall-- + (A) weigh 26.73 grams; + (B) have a diameter of 1.500 inches; and + (C) contain not less than 90 percent silver. + (3) Half-dollar clad coins.--Not more than 750,000 half-dollar + coins which shall-- + (A) weigh 11.34 grams; + (B) have a diameter of 1.205 inches; and + (C) be minted to the specifications for half-dollar coins + contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. - -SEC. 4. DESIGN OF COINS. - - (a) Design Requirements.-- - (1) In general.--The design of the coins minted under this - Act shall be emblematic of the National Purple Heart Hall of - Honor. - (2) Designation and inscriptions.--On each coin minted - under this Act there shall be-- - (A) a designation of the value of the coin; - (B) an inscription of the year ``2021''; and - (C) inscriptions of the words ``Liberty'', ``In God - We Trust'', ``United States of America'', and ``E - Pluribus Unum''. +SEC. 4. DESIGNS OF COINS. + (a) Designs Requirements.-- + (1) In general.--The designs of the coins minted under this Act + shall be emblematic of the National Purple Heart Hall of Honor. + (2) Designation and inscriptions.--On each coin minted under + this Act there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2022''; and + (C) inscriptions of the words ``Liberty'', ``In God We + Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- - (1) selected by the Secretary after consultation with the - Commission of Fine Arts and the National Purple Heart Hall of - Honor, Inc.; and - (2) reviewed by the Citizens Coinage Advisory Committee. - + (1) selected by the Secretary after consultation with the + Commission of Fine Arts and the National Purple Heart Honor + Mission, Inc.; and + (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. - (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. - (b) Mint Facility.--Only the West Point Mint may be used to strike -any particular quality of the coins minted under this Act. + (b) Mint Facility.-- + (1) In general.--Only 1 facility of the United States Mint may + be used to strike any particular quality of the coins minted under + this Act. + (2) Use of the united states mint at west point, new york.--It + is the sense of Congress that the coins minted under this Act + should be struck at the United States Mint at West Point, New York, + to the greatest extent possible. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, -2021. - +2022. SEC. 6. SALE OF COINS. - (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- - (1) the face value of the coins; - (2) the surcharge provided in section 7(a) with respect to - such coins; and - (3) the cost of designing and issuing the coins (including - labor, materials, dies, use of machinery, overhead expenses, - marketing, and shipping). + (1) the face value of the coins; + (2) the surcharge provided in section 7(a) with respect to such + coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- - (1) In general.--The Secretary shall accept prepaid orders - for the coins minted under this Act before the issuance of such - coins. - (2) Discount.--Sale prices with respect to prepaid orders - under paragraph (1) shall be at a reasonable discount. - + (1) In general.--The Secretary shall accept prepaid orders for + the coins minted under this Act before the issuance of such coins. + (2) Discount.--Sale prices with respect to prepaid orders under + paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. - (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- - (1) $35 per coin for the $5 coin; - (2) $10 per coin for the $1 coin; and - (3) $5 per coin for the half-dollar coin. + (1) $35 per coin for the $5 coin; + (2) $10 per coin for the $1 coin; and + (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the -Secretary to the National Purple Heart Hall of Honor, Inc., to support -the mission of the National Purple Heart Hall of Honor, Inc., including +Secretary to the National Purple Heart Honor Mission, Inc., to support +the mission of the National Purple Heart Honor Mission, Inc., including capital improvements to the National Purple Heart Hall of Honor facilities. - (c) Audits.--The National Purple Heart Hall of Honor, Inc., shall + (c) Audits.--The National Purple Heart Honor Mission, Inc., shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). @@ -141,35 +136,25 @@ subsection (b). be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin -programs issued during such year to exceed the annual two commemorative +programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. - -SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. - - The budgetary effects of this Act, for the purpose of complying -with the Statutory Pay-As-You-Go Act of 2010, shall be determined by -reference to the latest statement titled ``Budgetary Effects of PAYGO -Legislation'' for this Act, submitted for printing in the Congressional -Record by the Chairman of the House Budget Committee, provided that -such statement has been submitted prior to the vote on passage. - - Passed the House of Representatives September 19, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1830 - -_______________________________________________________________________ - - AN ACT - -To require the Secretary of the Treasury to mint coins in commemoration - of the National Purple Heart Hall of Honor. +SEC. 8. FINANCIAL ASSURANCES. + The Secretary shall take such actions as may be necessary to +ensure that-- + (1) minting and issuing coins under this Act result in no net + cost to the Federal Government; and + (2) no funds, including applicable surcharges, are disbursed to + any recipient designated in section 7(b) until the total cost of + designing and issuing all of the coins authorized by this Act, + including labor, materials, dies, use of machinery, overhead + expenses, marketing, and shipping, is recovered by the United + States Treasury, consistent with sections 5112(m) and 5134(f) of + title 31, United States Code. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From d3a1fc53a4f38f8b89ce0a8147d86865d0a023ae Mon Sep 17 00:00:00 2001 From: "Rep. Rice, Kathleen M. [D-NY-4]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 188/984] House-1833: Introduced to House --- bills_text/House-1833.txt | 50 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 50 insertions(+) create mode 100644 bills_text/House-1833.txt diff --git a/bills_text/House-1833.txt b/bills_text/House-1833.txt new file mode 100644 index 0000000..0ec5b82 --- /dev/null +++ b/bills_text/House-1833.txt @@ -0,0 +1,50 @@ +116th CONGRESS + 1st Session + H. R. 1833 + + To designate the facility of the United States Postal Service located + at 35 Tulip Avenue in Floral Park, New York, as the ``Lieutenant + Michael R. Davidson Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 18, 2019 + + Miss Rice of New York (for herself, Mr. Brindisi, Ms. Clarke of New + York, Mr. Collins of New York, Mr. Delgado, Mr. Engel, Mr. Espaillat, + Mr. Higgins of New York, Mr. Katko, Mr. King of New York, Mrs. Lowey, + Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New + York, Mr. Meeks, Mr. Morelle, Mr. Nadler, Ms. Ocasio-Cortez, Mr. Rose + of New York, Mr. Serrano, Ms. Stefanik, Mr. Suozzi, Mr. Tonko, Ms. +Velazquez, Mr. Zeldin, Mr. Reed, Ms. Meng, and Mr. Jeffries) introduced + the following bill; which was referred to the Committee on Oversight + and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 35 Tulip Avenue in Floral Park, New York, as the ``Lieutenant + Michael R. Davidson Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. LIEUTENANT MICHAEL R. DAVIDSON POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 35 Tulip Avenue in Floral Park, New York, shall be known and +designated as the ``Lieutenant Michael R. Davidson Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Lieutenant +Michael R. Davidson Post Office Building''. + \ No newline at end of file From a47b91c27f8678009907e88bda30451f42eb088d Mon Sep 17 00:00:00 2001 From: "Rep. Rice, Kathleen M. [D-NY-4]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 189/984] House-1833: Engrossed in House --- bills_text/House-1833.txt | 44 ++++++++++++++++++--------------------- 1 file changed, 20 insertions(+), 24 deletions(-) diff --git a/bills_text/House-1833.txt b/bills_text/House-1833.txt index 0ec5b82..d41935f 100644 --- a/bills_text/House-1833.txt +++ b/bills_text/House-1833.txt @@ -2,31 +2,9 @@ 1st Session H. R. 1833 - To designate the facility of the United States Postal Service located - at 35 Tulip Avenue in Floral Park, New York, as the ``Lieutenant - Michael R. Davidson Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 18, 2019 - - Miss Rice of New York (for herself, Mr. Brindisi, Ms. Clarke of New - York, Mr. Collins of New York, Mr. Delgado, Mr. Engel, Mr. Espaillat, - Mr. Higgins of New York, Mr. Katko, Mr. King of New York, Mrs. Lowey, - Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New - York, Mr. Meeks, Mr. Morelle, Mr. Nadler, Ms. Ocasio-Cortez, Mr. Rose - of New York, Mr. Serrano, Ms. Stefanik, Mr. Suozzi, Mr. Tonko, Ms. -Velazquez, Mr. Zeldin, Mr. Reed, Ms. Meng, and Mr. Jeffries) introduced - the following bill; which was referred to the Committee on Oversight - and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -47,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lieutenant Michael R. Davidson Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1833 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 35 Tulip Avenue in Floral Park, New York, as the ``Lieutenant + Michael R. Davidson Post Office Building''. From 2905a4e447526a3b2249784549c0901dcc1a1abe Mon Sep 17 00:00:00 2001 From: "Rep. Rice, Kathleen M. [D-NY-4]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 190/984] House-1833: Enrolled --- bills_text/House-1833.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-1833.txt b/bills_text/House-1833.txt index d41935f..90f0ae0 100644 --- a/bills_text/House-1833.txt +++ b/bills_text/House-1833.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 1833 + H.R.1833 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 35 Tulip Avenue in Floral Park, New York, as the ``Lieutenant - Michael R. Davidson Post Office Building''. +To designate the facility of the United States Postal Service located at +35 Tulip Avenue in Floral Park, New York, as the ``Lieutenant Michael R. + Davidson Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. LIEUTENANT MICHAEL R. DAVIDSON POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 35 Tulip Avenue in Floral Park, New York, shall be known and designated as the ``Lieutenant Michael R. Davidson Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lieutenant Michael R. Davidson Post Office Building''. - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1833 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 35 Tulip Avenue in Floral Park, New York, as the ``Lieutenant - Michael R. Davidson Post Office Building''. + Vice President of the United States and + President of the Senate. From d3affe53baf3b35dab744f0249fff958125ff56d Mon Sep 17 00:00:00 2001 From: "Rep. Ruiz, Raul [D-CA-36]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 191/984] House-1839: Introduced to House --- bills_text/House-1839.txt | 829 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 829 insertions(+) create mode 100644 bills_text/House-1839.txt diff --git a/bills_text/House-1839.txt b/bills_text/House-1839.txt new file mode 100644 index 0000000..96e49d7 --- /dev/null +++ b/bills_text/House-1839.txt @@ -0,0 +1,829 @@ +116th CONGRESS + 1st Session + H. R. 1839 + +To amend title XIX to extend protection for Medicaid recipients of home +and community-based services against spousal impoverishment, establish + a State Medicaid option to provide coordinated care to children with + complex medical conditions through health homes, prevent the + misclassification of drugs for purposes of the Medicaid drug rebate + program, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 21, 2019 + + Mr. Ruiz (for himself, Mr. Schrader, Mr. Mullin, and Mr. Upton) + introduced the following bill; which was referred to the Committee on + Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + +To amend title XIX to extend protection for Medicaid recipients of home +and community-based services against spousal impoverishment, establish + a State Medicaid option to provide coordinated care to children with + complex medical conditions through health homes, prevent the + misclassification of drugs for purposes of the Medicaid drug rebate + program, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Medicaid Services Investment and +Accountability Act of 2019''. + +SEC. 2. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND + COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. + + (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. +1396r-5 note), as amended by section 3(a) of the Medicaid Extenders Act +of 2019 (Public Law 116-3), is amended by striking ``March 31, 2019'' +and inserting ``September 30, 2019''. + (b) Rule of Construction.-- + (1) Protecting state spousal income and asset disregard + flexibility under waivers and plan amendments.--Nothing in + section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or + section 1924 of the Social Security Act (42 U.S.C. 1396r-5) + shall be construed as prohibiting a State from disregarding an + individual's spousal income and assets under a State waiver or + plan amendment described in paragraph (2) for purposes of + making determinations of eligibility for home and community- + based services or home and community-based attendant services + and supports under such waiver or plan amendment. + (2) State waiver or plan amendment described.--A State + waiver or plan amendment described in this paragraph is any of + the following: + (A) A waiver or plan amendment to provide medical + assistance for home and community-based services under + a waiver or plan amendment under subsection (c), (d), + or (i) of section 1915 of the Social Security Act (42 + U.S.C. 1396n) or under section 1115 of such Act (42 + U.S.C. 1315). + (B) A plan amendment to provide medical assistance + for home and community-based services for individuals + by reason of being determined eligible under section + 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) + or by reason of section 1902(f) of such Act (42 U.S.C. + 1396a(f)) or otherwise on the basis of a reduction of + income based on costs incurred for medical or other + remedial care under which the State disregarded the + income and assets of the individual's spouse in + determining the initial and ongoing financial + eligibility of an individual for such services in place + of the spousal impoverishment provisions applied under + section 1924 of such Act (42 U.S.C. 1396r-5). + (C) A plan amendment to provide medical assistance + for home and community-based attendant services and + supports under section 1915(k) of such Act (42 U.S.C. + 1396n(k)). + +SEC. 3. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH A HEALTH HOME + FOR CHILDREN WITH MEDICALLY COMPLEX CONDITIONS. + + Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is +amended by inserting after section 1945 the following new section: + +``SEC. 1945A. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH A HEALTH + HOME FOR CHILDREN WITH MEDICALLY COMPLEX CONDITIONS. + + ``(a) In General.--Notwithstanding section 1902(a)(1) (relating to +statewideness) and section 1902(a)(10)(B) (relating to comparability), +beginning October 1, 2022, a State, at its option as a State plan +amendment, may provide for medical assistance under this title to +children with medically complex conditions who choose to enroll in a +health home under this section by selecting a designated provider, a +team of health care professionals operating with such a provider, or a +health team as the child's health home for purposes of providing the +child with health home services. + ``(b) Health Home Qualification Standards.--The Secretary shall +establish standards for qualification as a health home for purposes of +this section. Such standards shall include requiring designated +providers, teams of health care professionals operating with such +providers, and health teams to demonstrate to the State the ability to +do the following: + ``(1) Coordinate prompt care for children with medically + complex conditions, including access to pediatric emergency + services at all times. + ``(2) Develop an individualized comprehensive pediatric + family-centered care plan for children with medically complex + conditions that accommodates patient preferences. + ``(3) Work in a culturally and linguistically appropriate + manner with the family of a child with medically complex + conditions to develop and incorporate into such child's care + plan, in a manner consistent with the needs of the child and + the choices of the child's family, ongoing home care, + community-based pediatric primary care, pediatric inpatient + care, social support services, and local hospital pediatric + emergency care. + ``(4) Coordinate access to-- + ``(A) subspecialized pediatric services and + programs for children with medically complex + conditions, including the most intensive diagnostic, + treatment, and critical care levels as medically + necessary; and + ``(B) palliative services if the State provides + such services under the State plan (or a waiver of such + plan). + ``(5) Coordinate care for children with medically complex + conditions with out-of-State providers furnishing care to such + children to the maximum extent practicable for the families of + such children and where medically necessary, in accordance with + guidance issued under subsection (e)(1) and section 431.52 of + title 42, Code of Federal Regulations. + ``(6) Collect and report information under subsection + (g)(1). + ``(c) Payments.-- + ``(1) In general.--A State shall provide a designated + provider, a team of health care professionals operating with + such a provider, or a health team with payments for the + provision of health home services to each child with medically + complex conditions that selects such provider, team of health + care professionals, or health team as the child's health home. + Payments made to a designated provider, a team of health care + professionals operating with such a provider, or a health team + for such services shall be treated as medical assistance for + purposes of section 1903(a), except that, during the first 2 + fiscal year quarters that the State plan amendment is in + effect, the Federal medical assistance percentage applicable to + such payments shall be increased by 15 percentage points, but + in no case may exceed 90 percent. + ``(2) Methodology.-- + ``(A) In general.--The State shall specify in the + State plan amendment the methodology the State will use + for determining payment for the provision of health + home services. Such methodology for determining + payment-- + ``(i) may be tiered to reflect, with + respect to each child with medically complex + conditions provided such services by a + designated provider, a team of health care + professionals operating with such a provider, + or a health team, the severity or number of + each such child's chronic conditions, life- + threatening illnesses, disabilities, or rare + diseases, or the specific capabilities of the + provider, team of health care professionals, or + health team; and + ``(ii) shall be established consistent with + section 1902(a)(30)(A). + ``(B) Alternate models of payment.--The methodology + for determining payment for provision of health home + services under this section shall not be limited to a + per-member per-month basis and may provide (as proposed + by the State and subject to approval by the Secretary) + for alternate models of payment. + ``(3) Planning grants.-- + ``(A) In general.--Beginning October 1, 2022, the + Secretary may award planning grants to States for + purposes of developing a State plan amendment under + this section. A planning grant awarded to a State under + this paragraph shall remain available until expended. + ``(B) State contribution.--A State awarded a + planning grant shall contribute an amount equal to the + State percentage determined under section 1905(b) + (without regard to section 5001 of Public Law 111-5) + for each fiscal year for which the grant is awarded. + ``(C) Limitation.--The total amount of payments + made to States under this paragraph shall not exceed + $5,000,000. + ``(d) Coordinating Care.-- + ``(1) Hospital notification.--A State with a State plan + amendment approved under this section shall require each + hospital that is a participating provider under the State plan + (or a waiver of such plan) to establish procedures for, in the + case of a child with medically complex conditions who is + enrolled in a health home pursuant to this section and seeks + treatment in the emergency department of such hospital, + notifying the health home of such child of such treatment. + ``(2) Education with respect to availability of health home + services.--In order for a State plan amendment to be approved + under this section, a State shall include in the State plan + amendment a description of the State's process for educating + providers participating in the State plan (or a waiver of such + plan) on the availability of health home services for children + with medically complex conditions, including the process by + which such providers can refer such children to a designated + provider, team of health care professionals operating such a + provider, or health team for the purpose of establishing a + health home through which such children may receive such + services. + ``(3) Family education.--In order for a State plan + amendment to be approved under this section, a State shall + include in the State plan amendment a description of the + State's process for educating families with children eligible + to receive health home services pursuant to this section of the + availability of such services. Such process shall include the + participation of family-to-family entities or other public or + private organizations or entities who provide outreach and + information on the availability of health care items and + services to families of individuals eligible to receive medical + assistance under the State plan (or a waiver of such plan). + ``(4) Mental health coordination.--A State with a State + plan amendment approved under this section shall consult and + coordinate, as appropriate, with the Secretary in addressing + issues regarding the prevention and treatment of mental illness + and substance use among children with medically complex + conditions receiving health home services under this section. + ``(e) Guidance on Coordinating Care From Out-of-State Providers.-- + ``(1) In general.--Not later than October 1, 2020, the + Secretary shall issue (and update as the Secretary determines + necessary) guidance to State Medicaid directors on-- + ``(A) best practices for using out-of-State + providers to provide care to children with medically + complex conditions; + ``(B) coordinating care for such children provided + by such out-of-State providers (including when provided + in emergency and non-emergency situations); + ``(C) reducing barriers for such children receiving + care from such providers in a timely fashion; and + ``(D) processes for screening and enrolling such + providers in the respective State plan (or a waiver of + such plan), including efforts to streamline such + processes or reduce the burden of such processes on + such providers. + ``(2) Stakeholder input.--In carrying out paragraph (1), + the Secretary shall issue a request for information to seek + input from children with medically complex conditions and their + families, States, providers (including children's hospitals, + hospitals, pediatricians, and other providers), managed care + plans, children's health groups, family and beneficiary + advocates, and other stakeholders with respect to coordinating + the care for such children provided by out-of-State providers. + ``(f) Monitoring.--A State shall include in the State plan +amendment-- + ``(1) a methodology for tracking reductions in inpatient + days and reductions in the total cost of care resulting from + improved care coordination and management under this section; + ``(2) a proposal for use of health information technology + in providing health home services under this section and + improving service delivery and coordination across the care + continuum (including the use of wireless patient technology to + improve coordination and management of care and patient + adherence to recommendations made by their provider); and + ``(3) a methodology for tracking prompt and timely access + to medically necessary care for children with medically complex + conditions from out-of-State providers. + ``(g) Data Collection.-- + ``(1) Provider reporting requirements.--In order to receive + payments from a State under subsection (c), a designated + provider, a team of health care professionals operating with + such a provider, or a health team shall report to the State, at + such time and in such form and manner as may be required by the + State, the following information: + ``(A) With respect to each such provider, team of + health care professionals, or health team, the name, + National Provider Identification number, address, and + specific health care services offered to be provided to + children with medically complex conditions who have + selected such provider, team of health care + professionals, or health team as the health home of + such children. + ``(B) Information on all applicable measures for + determining the quality of health home services + provided by such provider, team of health care + professionals, or health team, including, to the extent + applicable, child health quality measures and measures + for centers of excellence for children with complex + needs developed under this title, title XXI, and + section 1139A. + ``(C) Such other information as the Secretary shall + specify in guidance. + When appropriate and feasible, such provider, team of health + care professionals, or health team, as the case may be, shall + use health information technology in providing the State with + such information. + ``(2) State reporting requirements.-- + ``(A) Comprehensive report.--A State with a State + plan amendment approved under this section shall report + to the Secretary (and, upon request, to the Medicaid + and CHIP Payment and Access Commission), at such time + and in such form and manner determined by the Secretary + to be reasonable and minimally burdensome, the + following information: + ``(i) Information reported under paragraph + (1). + ``(ii) The number of children with + medically complex conditions who have selected + a health home pursuant to this section. + ``(iii) The nature, number, and prevalence + of chronic conditions, life-threatening + illnesses, disabilities, or rare diseases that + such children have. + ``(iv) The type of delivery systems and + payment models used to provide services to such + children under this section. + ``(v) The number and characteristics of + designated providers, teams of health care + professionals operating with such providers, + and health teams selected as health homes + pursuant to this section, including the number + and characteristics of out-of-State providers, + teams of health care professionals operating + with such providers, and health teams who have + provided health care items and services to such + children. + ``(vi) The extent to which such children + receive health care items and services under + the State plan. + ``(vii) Quality measures developed + specifically with respect to health care items + and services provided to children with + medically complex conditions. + ``(B) Report on best practices.--Not later than 90 + days after a State has a State plan amendment approved + under this section, such State shall submit to the + Secretary, and make publicly available on the + appropriate State website, a report on how the State is + implementing guidance issued under subsection (e)(1), + including through any best practices adopted by the + State. + ``(h) Rule of Construction.--Nothing in this section may be +construed-- + ``(1) to require a child with medically complex conditions + to enroll in a health home under this section; + ``(2) to limit the choice of a child with medically complex + conditions in selecting a designated provider, team of health + care professionals operating with such a provider, or health + team that meets the health home qualification standards + established under subsection (b) as the child's health home; or + ``(3) to reduce or otherwise modify-- + ``(A) the entitlement of children with medically + complex conditions to early and periodic screening, + diagnostic, and treatment services (as defined in + section 1905(r)); or + ``(B) the informing, providing, arranging, and + reporting requirements of a State under section + 1902(a)(43). + ``(i) Definitions.--In this section: + ``(1) Child with medically complex conditions.-- + ``(A) In general.--Subject to subparagraph (B), the + term `child with medically complex conditions' means an + individual under 21 years of age who-- + ``(i) is eligible for medical assistance + under the State plan (or under a waiver of such + plan); and + ``(ii) has at least-- + ``(I) one or more chronic + conditions that cumulatively affect + three or more organ systems and + severely reduces cognitive or physical + functioning (such as the ability to + eat, drink, or breathe independently) + and that also requires the use of + medication, durable medical equipment, + therapy, surgery, or other treatments; + or + ``(II) one life-limiting illness or + rare pediatric disease (as defined in + section 529(a)(3) of the Federal Food, + Drug, and Cosmetic Act (21 U.S.C. + 360ff(a)(3))). + ``(B) Rule of construction.--Nothing in this + paragraph shall prevent the Secretary from establishing + higher levels as to the number or severity of chronic, + life threatening illnesses, disabilities, rare diseases + or mental health conditions for purposes of determining + eligibility for receipt of health home services under + this section. + ``(2) Chronic condition.--The term `chronic condition' + means a serious, long-term physical, mental, or developmental + disability or disease, including the following: + ``(A) Cerebral palsy. + ``(B) Cystic fibrosis. + ``(C) HIV/AIDS. + ``(D) Blood diseases, such as anemia or sickle cell + disease. + ``(E) Muscular dystrophy. + ``(F) Spina bifida. + ``(G) Epilepsy. + ``(H) Severe autism spectrum disorder. + ``(I) Serious emotional disturbance or serious + mental health illness. + ``(3) Health home.--The term `health home' means a + designated provider (including a provider that operates in + coordination with a team of health care professionals) or a + health team selected by a child with medically complex + conditions (or the family of such child) to provide health home + services. + ``(4) Health home services.-- + ``(A) In general.--The term `health home services' + means comprehensive and timely high-quality services + described in subparagraph (B) that are provided by a + designated provider, a team of health care + professionals operating with such a provider, or a + health team. + ``(B) Services described.--The services described + in this subparagraph shall include-- + ``(i) comprehensive care management; + ``(ii) care coordination, health promotion, + and providing access to the full range of + pediatric specialty and subspecialty medical + services, including services from out-of-State + providers, as medically necessary; + ``(iii) comprehensive transitional care, + including appropriate follow-up, from inpatient + to other settings; + ``(iv) patient and family support + (including authorized representatives); + ``(v) referrals to community and social + support services, if relevant; and + ``(vi) use of health information technology + to link services, as feasible and appropriate. + ``(5) Designated provider.--The term `designated provider' + means a physician (including a pediatrician or a pediatric + specialty or subspecialty provider), children's hospital, + clinical practice or clinical group practice, prepaid inpatient + health plan or prepaid ambulatory health plan (as defined by + the Secretary), rural clinic, community health center, + community mental health center, home health agency, or any + other entity or provider that is determined by the State and + approved by the Secretary to be qualified to be a health home + for children with medically complex conditions on the basis of + documentation evidencing that the entity has the systems, + expertise, and infrastructure in place to provide health home + services. Such term may include providers who are employed by, + or affiliated with, a children's hospital. + ``(6) Team of health care professionals.--The term `team of + health care professionals' means a team of health care + professionals (as described in the State plan amendment under + this section) that may-- + ``(A) include-- + ``(i) physicians and other professionals, + such as pediatricians or pediatric specialty or + subspecialty providers, nurse care + coordinators, dietitians, nutritionists, social + workers, behavioral health professionals, + physical therapists, occupational therapists, + speech pathologists, nurses, individuals with + experience in medical supportive technologies, + or any professionals determined to be + appropriate by the State and approved by the + Secretary; + ``(ii) an entity or individual who is + designated to coordinate such a team; and + ``(iii) community health workers, + translators, and other individuals with + culturally-appropriate expertise; and + ``(B) be freestanding, virtual, or based at a + children's hospital, hospital, community health center, + community mental health center, rural clinic, clinical + practice or clinical group practice, academic health + center, or any entity determined to be appropriate by + the State and approved by the Secretary. + ``(7) Health team.--The term `health team' has the meaning + given such term for purposes of section 3502 of Public Law 111- + 148.''. + +SEC. 4. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION + PROGRAM. + + Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 +(42 U.S.C. 1396a note) is amended by striking ``for 2-year +demonstration programs under this subsection'' and inserting ``to +conduct demonstration programs under this subsection for 2 years or +through June 30, 2019, whichever is longer''. + +SEC. 5. ADDITIONAL FUNDING FOR THE MONEY FOLLOWS THE PERSON REBALANCING + DEMONSTRATION. + + Section 6071(h)(1)(F) of the Deficit Reduction Act of 2005 (42 +U.S.C. 1396a note) is amended by striking ``$112,000,000'' and +inserting ``132,000,000''. + +SEC. 6. PREVENTING THE MISCLASSIFICATION OF DRUGS UNDER THE MEDICAID + DRUG REBATE PROGRAM. + + (a) Application of Civil Money Penalty for Misclassification of +Covered Outpatient Drugs.-- + (1) In general.--Section 1927(b)(3) of the Social Security + Act (42 U.S.C. 1396r-8(b)(3)) is amended-- + (A) in the paragraph heading, by inserting ``and + drug product'' after ``price''; + (B) in subparagraph (A)-- + (i) in clause (ii), by striking ``; and'' + at the end and inserting a semicolon; + (ii) in clause (iii), by striking the + period at the end and inserting a semicolon; + (iii) in clause (iv), by striking the + semicolon at the end and inserting ``; and''; + and + (iv) by inserting after clause (iv) the + following new clause: + ``(v) not later than 30 days after the last + day of each month of a rebate period under the + agreement, such drug product information as the + Secretary shall require for each of the + manufacturer's covered outpatient drugs.''; and + (C) in subparagraph (C)-- + (i) in clause (ii), by inserting ``, + including information related to drug pricing, + drug product information, and data related to + drug pricing or drug product information,'' + after ``provides false information''; + (ii) by adding at the end the following new + clauses: + ``(iii) Misclassified drug product or + misreported information.-- + ``(I) In general.--Any manufacturer + with an agreement under this section + that knowingly (as defined in section + 1003.110 of title 42, Code of Federal + Regulations (or any successor + regulation)) misclassifies a covered + outpatient drug, such as by knowingly + submitting incorrect drug product + information, is subject to a civil + money penalty for each covered + outpatient drug that is misclassified + in an amount not to exceed 2 times the + amount of the difference between-- + ``(aa) the total amount of + rebates that the manufacturer + paid with respect to the drug + to all States for all rebate + periods during which the drug + was misclassified; and + ``(bb) the total amount of + rebates that the manufacturer + would have been required to + pay, as determined by the + Secretary using drug product + information provided by the + manufacturer, with respect to + the drug to all States for all + rebate periods during which the + drug was misclassified if the + drug had been correctly + classified. + ``(II) Other penalties and recovery + of underpaid rebates.--The civil money + penalties described in subclause (I) + are in addition to other penalties as + may be prescribed by law and any other + recovery of the underlying underpayment + for rebates due under this section or + the terms of the rebate agreement as + determined by the Secretary. + ``(iv) Increasing oversight and + enforcement.--Each year the Secretary shall + retain, in addition to any amount retained by + the Secretary to recoup investigation and + litigation costs related to the enforcement of + the civil money penalties under this + subparagraph and subsection (c)(4)(B)(ii)(III), + an amount equal to 25 percent of the total + amount of civil money penalties collected under + this subparagraph and subsection + (c)(4)(B)(ii)(III) for the year, and such + retained amount shall be available to the + Secretary, without further appropriation and + until expended, for activities related to the + oversight and enforcement of this section and + agreements under this section, including-- + ``(I) improving drug data reporting + systems; + ``(II) evaluating and ensuring + manufacturer compliance with rebate + obligations; and + ``(III) oversight and enforcement + related to ensuring that manufacturers + accurately and fully report drug + information, including data related to + drug classification.''; and + (iii) in subparagraph (D)-- + (I) in clause (iv), by striking ``, + and'' and inserting a comma; + (II) in clause (v), by striking the + period and inserting ``, and''; and + (III) by inserting after clause (v) + the following new clause: + ``(vi) in the case of categories of drug + product or classification information that were + not considered confidential by the Secretary on + the day before the date of the enactment of + this clause.''. + (2) Technical amendments.-- + (A) Section 1903(i)(10) of the Social Security Act + (42 U.S.C. 1396b(i)(10)) is amended-- + (i) in subparagraph (C)-- + (I) by adjusting the left margin so + as to align with the left margin of + subparagraph (B); and + (II) by striking ``, and'' and + inserting a semicolon; + (ii) in subparagraph (D), by striking ``; + or'' and inserting ``; and''; and + (iii) by adding at the end the following + new subparagraph: + ``(E) with respect to any amount expended for a + covered outpatient drug for which a suspension under + section 1927(c)(4)(B)(ii)(II) is in effect; or''. + (B) Section 1927(b)(3)(C)(ii) of the Social + Security Act (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is + amended by striking ``subsections (a) and (b)'' and + inserting ``subsections (a), (b), (f)(3), and (f)(4)''. + (b) Recovery of Unpaid Rebate Amounts Due to Misclassification of +Covered Outpatient Drugs.-- + (1) In general.--Section 1927(c) of the Social Security Act + (42 U.S.C. 1396r-8(c)) is amended by adding at the end the + following new paragraph: + ``(4) Recovery of unpaid rebate amounts due to + misclassification of covered outpatient drugs.-- + ``(A) In general.--If the Secretary determines that + a manufacturer with an agreement under this section + paid a lower per-unit rebate amount to a State for a + rebate period as a result of the misclassification by + the manufacturer of a covered outpatient drug (without + regard to whether the manufacturer knowingly made the + misclassification or should have known that the + misclassification would be made) than the per-unit + rebate amount that the manufacturer would have paid to + the State if the drug had been correctly classified, + the manufacturer shall pay to the State an amount equal + to the product of-- + ``(i) the difference between-- + ``(I) the per-unit rebate amount + paid to the State for the period; and + ``(II) the per-unit rebate amount + that the manufacturer would have paid + to the State for the period, as + determined by the Secretary, if the + drug had been correctly classified; and + ``(ii) the total units of the drug paid for + under the State plan in the period. + ``(B) Authority to correct misclassifications.-- + ``(i) In general.--If the Secretary + determines that a manufacturer with an + agreement under this section has misclassified + a covered outpatient drug (without regard to + whether the manufacturer knowingly made the + misclassification or should have known that the + misclassification would be made), the Secretary + shall notify the manufacturer of the + misclassification and require the manufacturer + to correct the misclassification in a timely + manner. + ``(ii) Enforcement.--If, after receiving + notice of a misclassification from the + Secretary under clause (i), a manufacturer + fails to correct the misclassification by such + time as the Secretary shall require, until the + manufacturer makes such correction, the + Secretary may do any or all of the following: + ``(I) Correct the + misclassification, using drug product + information provided by the + manufacturer, on behalf of the + manufacturer. + ``(II) Suspend the misclassified + drug and the drug's status as a covered + outpatient drug under the + manufacturer's national rebate + agreement, and exclude the + misclassified drug from Federal + financial participation in accordance + with section 1903(i)(10)(E). + ``(III) Impose a civil money + penalty (which shall be in addition to + any other recovery or penalty which may + be available under this section or any + other provision of law) for each rebate + period during which the drug is + misclassified not to exceed an amount + equal to the product of-- + ``(aa) the total number of + units of each dosage form and + strength of such misclassified + drug paid for under any State + plan during such a rebate + period; and + ``(bb) 23.1 percent of the + average manufacturer price for + the dosage form and strength of + such misclassified drug. + ``(C) Reporting and transparency.-- + ``(i) In general.--The Secretary shall + submit a report to Congress on at least an + annual basis that includes information on the + covered outpatient drugs that have been + identified as misclassified, any steps taken to + reclassify such drugs, the actions the + Secretary has taken to ensure the payment of + any rebate amounts which were unpaid as a + result of such misclassification, and a + disclosure of expenditures from the fund + created in subsection (b)(3)(C)(iv), including + an accounting of how such funds have been + allocated and spent in accordance with such + subsection. + ``(ii) Public access.--The Secretary shall + make the information contained in the report + required under clause (i) available to the + public on a timely basis. + ``(D) Other penalties and actions.--Actions taken + and penalties imposed under this clause shall be in + addition to other remedies available to the Secretary + including terminating the manufacturer's rebate + agreement for noncompliance with the terms of such + agreement and shall not exempt a manufacturer from, or + preclude the Secretary from pursuing, any civil money + penalty under this title or title XI, or any other + penalty or action as may be prescribed by law.''. + (2) Offset of recovered amounts against medical + assistance.--Section 1927(b)(1)(B) of the Social Security Act + (42 U.S.C. 1396r-8(b)(1)(B)) is amended by inserting ``, + including amounts received by a State under subsection + (c)(4),'' after ``in any quarter''. + (c) Clarifying Definitions.--Section 1927(k) of the Social Security +Act (42 U.S.C. 1396r-8(k)) is amended-- + (1) in paragraph (2)(A), by striking ``paragraph (5)'' and + inserting ``paragraph (4)''; and + (2) in paragraph (7)(A)-- + (A) by striking ``an original new drug + application'' and inserting ``a new drug application'' + each place it appears; + (B) in clause (i), by striking ``(not including any + drug described in paragraph (5))'' and inserting ``, + including a drug product approved for marketing as a + non-prescription drug that is regarded as a covered + outpatient drug under paragraph (4),''; + (C) in clause (ii)-- + (i) by striking ``was originally marketed'' + and inserting ``is marketed''; and + (ii) by inserting ``, unless the Secretary + determines that a narrow exception applies (as + described in section 447.502 of title 42, Code + of Federal Regulations (or any successor + regulation))'' before the period; and + (D) in clause (iv)-- + (i) by inserting ``, including a drug + product approved for marketing as a non- + prescription drug that is regarded as a covered + outpatient drug under paragraph (4),'' after + ``covered outpatient drug''; + (ii) by inserting ``unless the Secretary + determines that a narrow exception applies (as + described in section 447.502 of title 42, Code + of Federal Regulations (or any successor + regulation))'' after ``under the new drug + application''; and + (iii) by adding at the end the following + new sentence: ``Such term also includes a + covered outpatient drug that is a biological + product licensed, produced, or distributed + under a biologics license application approved + by the Food and Drug Administration.''. + (d) Exclusion of Manufacturers for Knowing Misclassification of +Covered Outpatient Drugs.--Section 1128(b) of the Social Security Act +(42 U.S.C. 1320a-7(b)) is amended by adding at the end the following +new paragraph: + ``(17) Knowingly misclassifying covered outpatient drugs.-- + Any manufacturer or officer, director, agent, or managing + employee of such manufacturer that knowingly misclassifies a + covered outpatient drug under an agreement under section 1927, + knowingly fails to correct such misclassification, or knowingly + provides false information related to drug pricing, drug + product information, or data related to drug pricing or drug + product information.''. + (e) Effective Date.--The amendments made by this section shall take +effect on the date of the enactment of this Act, and shall apply to +covered outpatient drugs supplied by manufacturers under agreements +under section 1927 of the Social Security Act (42 U.S.C. 1396r-8) on or +after such date. + +SEC. 7. EXTENSION OF THIRD-PARTY LIABILITY PERIOD FOR CHILD SUPPORT + SERVICES. + + (a) In General.--Section 202(a)(2) of the Bipartisan Budget Act of +2013 (Public Law 113-67) is amended by striking ``90 days'' and +inserting ``100 days''. + (b) Effective Date.--The amendment made by this section shall take +effect on the date of the enactment of this Act. + +SEC. 8. DENIAL OF FFP FOR CERTAIN EXPENDITURES RELATING TO VACUUM + ERECTION SYSTEMS AND PENILE PROSTHETIC IMPLANTS. + + (a) In General.--Section 1903(i) of the Social Security Act (42 +U.S.C. 1396b(i)) is amended by inserting after paragraph (11) the +following: + ``(12) with respect to any amounts expended for-- + ``(A) a vacuum erection system that is not + medically necessary; or + ``(B) the insertion, repair, or removal and + replacement of a penile prosthetic implant (unless such + insertion, repair, or removal and replacement is + medically necessary); or''. + (b) Effective Date.--The amendment made by subsection (a) shall +apply with respect to items and services furnished on or after January +1, 2020. + \ No newline at end of file From 3a266a7be12275aff07d0b05eab18a52762b6456 Mon Sep 17 00:00:00 2001 From: "Rep. Ruiz, Raul [D-CA-36]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 192/984] House-1839: Engrossed in House --- bills_text/House-1839.txt | 59 +++++++++++++++++++++++---------------- 1 file changed, 35 insertions(+), 24 deletions(-) diff --git a/bills_text/House-1839.txt b/bills_text/House-1839.txt index 96e49d7..2f16367 100644 --- a/bills_text/House-1839.txt +++ b/bills_text/House-1839.txt @@ -2,28 +2,9 @@ 1st Session H. R. 1839 -To amend title XIX to extend protection for Medicaid recipients of home -and community-based services against spousal impoverishment, establish - a State Medicaid option to provide coordinated care to children with - complex medical conditions through health homes, prevent the - misclassification of drugs for purposes of the Medicaid drug rebate - program, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 21, 2019 - - Mr. Ruiz (for himself, Mr. Schrader, Mr. Mullin, and Mr. Upton) - introduced the following bill; which was referred to the Committee on - Energy and Commerce - -_______________________________________________________________________ - - A BILL + AN ACT @@ -625,9 +606,9 @@ Covered Outpatient Drugs.-- or'' and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: - ``(E) with respect to any amount expended for a - covered outpatient drug for which a suspension under - section 1927(c)(4)(B)(ii)(II) is in effect; or''. + ``(E) with respect to any amount expended for a covered + outpatient drug for which a suspension under section + 1927(c)(4)(B)(ii)(II) is in effect; or''. (B) Section 1927(b)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is amended by striking ``subsections (a) and (b)'' and @@ -826,4 +807,34 @@ following: (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2020. - \ No newline at end of file + +SEC. 9. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives March 25, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1839 + +_______________________________________________________________________ + + AN ACT + +To amend title XIX to extend protection for Medicaid recipients of home +and community-based services against spousal impoverishment, establish + a State Medicaid option to provide coordinated care to children with + complex medical conditions through health homes, prevent the + misclassification of drugs for purposes of the Medicaid drug rebate + program, and for other purposes. From f5f79879d0b17cab07ac632813b158263805add5 Mon Sep 17 00:00:00 2001 From: "Rep. Ruiz, Raul [D-CA-36]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 193/984] House-1839: Received in Senate --- bills_text/House-1839.txt | 28 ++++++++++++---------------- 1 file changed, 12 insertions(+), 16 deletions(-) diff --git a/bills_text/House-1839.txt b/bills_text/House-1839.txt index 2f16367..53e531e 100644 --- a/bills_text/House-1839.txt +++ b/bills_text/House-1839.txt @@ -2,6 +2,16 @@ 1st Session H. R. 1839 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 26, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -821,20 +831,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1839 + CHERYL L. JOHNSON, -_______________________________________________________________________ - - AN ACT - -To amend title XIX to extend protection for Medicaid recipients of home -and community-based services against spousal impoverishment, establish - a State Medicaid option to provide coordinated care to children with - complex medical conditions through health homes, prevent the - misclassification of drugs for purposes of the Medicaid drug rebate - program, and for other purposes. + Clerk. From cf2b4becc8b064e2e272128cd6e85b5527239670 Mon Sep 17 00:00:00 2001 From: "Rep. Ruiz, Raul [D-CA-36]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 194/984] House-1839: Enrolled --- bills_text/House-1839.txt | 1364 +++++++++++++++++-------------------- 1 file changed, 631 insertions(+), 733 deletions(-) diff --git a/bills_text/House-1839.txt b/bills_text/House-1839.txt index 53e531e..0ad80f2 100644 --- a/bills_text/House-1839.txt +++ b/bills_text/House-1839.txt @@ -1,92 +1,79 @@ -116th CONGRESS - 1st Session - H. R. 1839 + H.R.1839 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - March 26, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To amend title XIX to extend protection for Medicaid recipients of home -and community-based services against spousal impoverishment, establish - a State Medicaid option to provide coordinated care to children with - complex medical conditions through health homes, prevent the +and community-based services against spousal impoverishment, establish a + State Medicaid option to provide coordinated care to children with + complex medical conditions through health homes, prevent the misclassification of drugs for purposes of the Medicaid drug rebate program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Medicaid Services Investment and Accountability Act of 2019''. - SEC. 2. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND - COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. - +COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note), as amended by section 3(a) of the Medicaid Extenders Act of 2019 (Public Law 116-3), is amended by striking ``March 31, 2019'' and inserting ``September 30, 2019''. (b) Rule of Construction.-- - (1) Protecting state spousal income and asset disregard - flexibility under waivers and plan amendments.--Nothing in - section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or - section 1924 of the Social Security Act (42 U.S.C. 1396r-5) - shall be construed as prohibiting a State from disregarding an - individual's spousal income and assets under a State waiver or - plan amendment described in paragraph (2) for purposes of - making determinations of eligibility for home and community- - based services or home and community-based attendant services - and supports under such waiver or plan amendment. - (2) State waiver or plan amendment described.--A State - waiver or plan amendment described in this paragraph is any of - the following: - (A) A waiver or plan amendment to provide medical - assistance for home and community-based services under - a waiver or plan amendment under subsection (c), (d), - or (i) of section 1915 of the Social Security Act (42 - U.S.C. 1396n) or under section 1115 of such Act (42 - U.S.C. 1315). - (B) A plan amendment to provide medical assistance - for home and community-based services for individuals - by reason of being determined eligible under section - 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) - or by reason of section 1902(f) of such Act (42 U.S.C. - 1396a(f)) or otherwise on the basis of a reduction of - income based on costs incurred for medical or other - remedial care under which the State disregarded the - income and assets of the individual's spouse in - determining the initial and ongoing financial - eligibility of an individual for such services in place - of the spousal impoverishment provisions applied under - section 1924 of such Act (42 U.S.C. 1396r-5). - (C) A plan amendment to provide medical assistance - for home and community-based attendant services and - supports under section 1915(k) of such Act (42 U.S.C. - 1396n(k)). - + (1) Protecting state spousal income and asset disregard + flexibility under waivers and plan amendments.--Nothing in section + 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 1924 + of the Social Security Act (42 U.S.C. 1396r-5) shall be construed + as prohibiting a State from disregarding an individual's spousal + income and assets under a State waiver or plan amendment described + in paragraph (2) for purposes of making determinations of + eligibility for home and community-based services or home and + community-based attendant services and supports under such waiver + or plan amendment. + (2) State waiver or plan amendment described.--A State waiver + or plan amendment described in this paragraph is any of the + following: + (A) A waiver or plan amendment to provide medical + assistance for home and community-based services under a waiver + or plan amendment under subsection (c), (d), or (i) of section + 1915 of the Social Security Act (42 U.S.C. 1396n) or under + section 1115 of such Act (42 U.S.C. 1315). + (B) A plan amendment to provide medical assistance for home + and community-based services for individuals by reason of being + determined eligible under section 1902(a)(10)(C) of such Act + (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of + such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a + reduction of income based on costs incurred for medical or + other remedial care under which the State disregarded the + income and assets of the individual's spouse in determining the + initial and ongoing financial eligibility of an individual for + such services in place of the spousal impoverishment provisions + applied under section 1924 of such Act (42 U.S.C. 1396r-5). + (C) A plan amendment to provide medical assistance for home + and community-based attendant services and supports under + section 1915(k) of such Act (42 U.S.C. 1396n(k)). SEC. 3. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH A HEALTH HOME - FOR CHILDREN WITH MEDICALLY COMPLEX CONDITIONS. - +FOR CHILDREN WITH MEDICALLY COMPLEX CONDITIONS. Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1945 the following new section: - ``SEC. 1945A. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH A HEALTH - HOME FOR CHILDREN WITH MEDICALLY COMPLEX CONDITIONS. - +HOME FOR CHILDREN WITH MEDICALLY COMPLEX CONDITIONS. ``(a) In General.--Notwithstanding section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability), beginning October 1, 2022, a State, at its option as a State plan @@ -102,724 +89,638 @@ this section. Such standards shall include requiring designated providers, teams of health care professionals operating with such providers, and health teams to demonstrate to the State the ability to do the following: - ``(1) Coordinate prompt care for children with medically - complex conditions, including access to pediatric emergency - services at all times. - ``(2) Develop an individualized comprehensive pediatric - family-centered care plan for children with medically complex - conditions that accommodates patient preferences. - ``(3) Work in a culturally and linguistically appropriate - manner with the family of a child with medically complex - conditions to develop and incorporate into such child's care - plan, in a manner consistent with the needs of the child and - the choices of the child's family, ongoing home care, - community-based pediatric primary care, pediatric inpatient - care, social support services, and local hospital pediatric - emergency care. - ``(4) Coordinate access to-- - ``(A) subspecialized pediatric services and - programs for children with medically complex - conditions, including the most intensive diagnostic, - treatment, and critical care levels as medically - necessary; and - ``(B) palliative services if the State provides - such services under the State plan (or a waiver of such - plan). - ``(5) Coordinate care for children with medically complex - conditions with out-of-State providers furnishing care to such - children to the maximum extent practicable for the families of - such children and where medically necessary, in accordance with - guidance issued under subsection (e)(1) and section 431.52 of - title 42, Code of Federal Regulations. - ``(6) Collect and report information under subsection - (g)(1). + ``(1) Coordinate prompt care for children with medically + complex conditions, including access to pediatric emergency + services at all times. + ``(2) Develop an individualized comprehensive pediatric family- + centered care plan for children with medically complex conditions + that accommodates patient preferences. + ``(3) Work in a culturally and linguistically appropriate + manner with the family of a child with medically complex conditions + to develop and incorporate into such child's care plan, in a manner + consistent with the needs of the child and the choices of the + child's family, ongoing home care, community-based pediatric + primary care, pediatric inpatient care, social support services, + and local hospital pediatric emergency care. + ``(4) Coordinate access to-- + ``(A) subspecialized pediatric services and programs for + children with medically complex conditions, including the most + intensive diagnostic, treatment, and critical care levels as + medically necessary; and + ``(B) palliative services if the State provides such + services under the State plan (or a waiver of such plan). + ``(5) Coordinate care for children with medically complex + conditions with out-of-State providers furnishing care to such + children to the maximum extent practicable for the families of such + children and where medically necessary, in accordance with guidance + issued under subsection (e)(1) and section 431.52 of title 42, Code + of Federal Regulations. + ``(6) Collect and report information under subsection (g)(1). ``(c) Payments.-- - ``(1) In general.--A State shall provide a designated - provider, a team of health care professionals operating with - such a provider, or a health team with payments for the - provision of health home services to each child with medically - complex conditions that selects such provider, team of health - care professionals, or health team as the child's health home. - Payments made to a designated provider, a team of health care - professionals operating with such a provider, or a health team - for such services shall be treated as medical assistance for - purposes of section 1903(a), except that, during the first 2 - fiscal year quarters that the State plan amendment is in - effect, the Federal medical assistance percentage applicable to - such payments shall be increased by 15 percentage points, but - in no case may exceed 90 percent. - ``(2) Methodology.-- - ``(A) In general.--The State shall specify in the - State plan amendment the methodology the State will use - for determining payment for the provision of health - home services. Such methodology for determining - payment-- - ``(i) may be tiered to reflect, with - respect to each child with medically complex - conditions provided such services by a - designated provider, a team of health care - professionals operating with such a provider, - or a health team, the severity or number of - each such child's chronic conditions, life- - threatening illnesses, disabilities, or rare - diseases, or the specific capabilities of the - provider, team of health care professionals, or - health team; and - ``(ii) shall be established consistent with - section 1902(a)(30)(A). - ``(B) Alternate models of payment.--The methodology - for determining payment for provision of health home - services under this section shall not be limited to a - per-member per-month basis and may provide (as proposed - by the State and subject to approval by the Secretary) - for alternate models of payment. - ``(3) Planning grants.-- - ``(A) In general.--Beginning October 1, 2022, the - Secretary may award planning grants to States for - purposes of developing a State plan amendment under - this section. A planning grant awarded to a State under - this paragraph shall remain available until expended. - ``(B) State contribution.--A State awarded a - planning grant shall contribute an amount equal to the - State percentage determined under section 1905(b) - (without regard to section 5001 of Public Law 111-5) - for each fiscal year for which the grant is awarded. - ``(C) Limitation.--The total amount of payments - made to States under this paragraph shall not exceed - $5,000,000. + ``(1) In general.--A State shall provide a designated provider, + a team of health care professionals operating with such a provider, + or a health team with payments for the provision of health home + services to each child with medically complex conditions that + selects such provider, team of health care professionals, or health + team as the child's health home. Payments made to a designated + provider, a team of health care professionals operating with such a + provider, or a health team for such services shall be treated as + medical assistance for purposes of section 1903(a), except that, + during the first 2 fiscal year quarters that the State plan + amendment is in effect, the Federal medical assistance percentage + applicable to such payments shall be increased by 15 percentage + points, but in no case may exceed 90 percent. + ``(2) Methodology.-- + ``(A) In general.--The State shall specify in the State + plan amendment the methodology the State will use for + determining payment for the provision of health home services. + Such methodology for determining payment-- + ``(i) may be tiered to reflect, with respect to each + child with medically complex conditions provided such + services by a designated provider, a team of health care + professionals operating with such a provider, or a health + team, the severity or number of each such child's chronic + conditions, life-threatening illnesses, disabilities, or + rare diseases, or the specific capabilities of the + provider, team of health care professionals, or health + team; and + ``(ii) shall be established consistent with section + 1902(a)(30)(A). + ``(B) Alternate models of payment.--The methodology for + determining payment for provision of health home services under + this section shall not be limited to a per-member per-month + basis and may provide (as proposed by the State and subject to + approval by the Secretary) for alternate models of payment. + ``(3) Planning grants.-- + ``(A) In general.--Beginning October 1, 2022, the Secretary + may award planning grants to States for purposes of developing + a State plan amendment under this section. A planning grant + awarded to a State under this paragraph shall remain available + until expended. + ``(B) State contribution.--A State awarded a planning grant + shall contribute an amount equal to the State percentage + determined under section 1905(b) (without regard to section + 5001 of Public Law 111-5) for each fiscal year for which the + grant is awarded. + ``(C) Limitation.--The total amount of payments made to + States under this paragraph shall not exceed $5,000,000. ``(d) Coordinating Care.-- - ``(1) Hospital notification.--A State with a State plan - amendment approved under this section shall require each - hospital that is a participating provider under the State plan - (or a waiver of such plan) to establish procedures for, in the - case of a child with medically complex conditions who is - enrolled in a health home pursuant to this section and seeks - treatment in the emergency department of such hospital, - notifying the health home of such child of such treatment. - ``(2) Education with respect to availability of health home - services.--In order for a State plan amendment to be approved - under this section, a State shall include in the State plan - amendment a description of the State's process for educating - providers participating in the State plan (or a waiver of such - plan) on the availability of health home services for children - with medically complex conditions, including the process by - which such providers can refer such children to a designated - provider, team of health care professionals operating such a - provider, or health team for the purpose of establishing a - health home through which such children may receive such - services. - ``(3) Family education.--In order for a State plan - amendment to be approved under this section, a State shall - include in the State plan amendment a description of the - State's process for educating families with children eligible - to receive health home services pursuant to this section of the - availability of such services. Such process shall include the - participation of family-to-family entities or other public or - private organizations or entities who provide outreach and - information on the availability of health care items and - services to families of individuals eligible to receive medical - assistance under the State plan (or a waiver of such plan). - ``(4) Mental health coordination.--A State with a State - plan amendment approved under this section shall consult and - coordinate, as appropriate, with the Secretary in addressing - issues regarding the prevention and treatment of mental illness - and substance use among children with medically complex - conditions receiving health home services under this section. + ``(1) Hospital notification.--A State with a State plan + amendment approved under this section shall require each hospital + that is a participating provider under the State plan (or a waiver + of such plan) to establish procedures for, in the case of a child + with medically complex conditions who is enrolled in a health home + pursuant to this section and seeks treatment in the emergency + department of such hospital, notifying the health home of such + child of such treatment. + ``(2) Education with respect to availability of health home + services.--In order for a State plan amendment to be approved under + this section, a State shall include in the State plan amendment a + description of the State's process for educating providers + participating in the State plan (or a waiver of such plan) on the + availability of health home services for children with medically + complex conditions, including the process by which such providers + can refer such children to a designated provider, team of health + care professionals operating such a provider, or health team for + the purpose of establishing a health home through which such + children may receive such services. + ``(3) Family education.--In order for a State plan amendment to + be approved under this section, a State shall include in the State + plan amendment a description of the State's process for educating + families with children eligible to receive health home services + pursuant to this section of the availability of such services. Such + process shall include the participation of family-to-family + entities or other public or private organizations or entities who + provide outreach and information on the availability of health care + items and services to families of individuals eligible to receive + medical assistance under the State plan (or a waiver of such plan). + ``(4) Mental health coordination.--A State with a State plan + amendment approved under this section shall consult and coordinate, + as appropriate, with the Secretary in addressing issues regarding + the prevention and treatment of mental illness and substance use + among children with medically complex conditions receiving health + home services under this section. ``(e) Guidance on Coordinating Care From Out-of-State Providers.-- - ``(1) In general.--Not later than October 1, 2020, the - Secretary shall issue (and update as the Secretary determines - necessary) guidance to State Medicaid directors on-- - ``(A) best practices for using out-of-State - providers to provide care to children with medically - complex conditions; - ``(B) coordinating care for such children provided - by such out-of-State providers (including when provided - in emergency and non-emergency situations); - ``(C) reducing barriers for such children receiving - care from such providers in a timely fashion; and - ``(D) processes for screening and enrolling such - providers in the respective State plan (or a waiver of - such plan), including efforts to streamline such - processes or reduce the burden of such processes on - such providers. - ``(2) Stakeholder input.--In carrying out paragraph (1), - the Secretary shall issue a request for information to seek - input from children with medically complex conditions and their - families, States, providers (including children's hospitals, - hospitals, pediatricians, and other providers), managed care - plans, children's health groups, family and beneficiary - advocates, and other stakeholders with respect to coordinating - the care for such children provided by out-of-State providers. + ``(1) In general.--Not later than October 1, 2020, the + Secretary shall issue (and update as the Secretary determines + necessary) guidance to State Medicaid directors on-- + ``(A) best practices for using out-of-State providers to + provide care to children with medically complex conditions; + ``(B) coordinating care for such children provided by such + out-of-State providers (including when provided in emergency + and non-emergency situations); + ``(C) reducing barriers for such children receiving care + from such providers in a timely fashion; and + ``(D) processes for screening and enrolling such providers + in the respective State plan (or a waiver of such plan), + including efforts to streamline such processes or reduce the + burden of such processes on such providers. + ``(2) Stakeholder input.--In carrying out paragraph (1), the + Secretary shall issue a request for information to seek input from + children with medically complex conditions and their families, + States, providers (including children's hospitals, hospitals, + pediatricians, and other providers), managed care plans, children's + health groups, family and beneficiary advocates, and other + stakeholders with respect to coordinating the care for such + children provided by out-of-State providers. ``(f) Monitoring.--A State shall include in the State plan amendment-- - ``(1) a methodology for tracking reductions in inpatient - days and reductions in the total cost of care resulting from - improved care coordination and management under this section; - ``(2) a proposal for use of health information technology - in providing health home services under this section and - improving service delivery and coordination across the care - continuum (including the use of wireless patient technology to - improve coordination and management of care and patient - adherence to recommendations made by their provider); and - ``(3) a methodology for tracking prompt and timely access - to medically necessary care for children with medically complex - conditions from out-of-State providers. + ``(1) a methodology for tracking reductions in inpatient days + and reductions in the total cost of care resulting from improved + care coordination and management under this section; + ``(2) a proposal for use of health information technology in + providing health home services under this section and improving + service delivery and coordination across the care continuum + (including the use of wireless patient technology to improve + coordination and management of care and patient adherence to + recommendations made by their provider); and + ``(3) a methodology for tracking prompt and timely access to + medically necessary care for children with medically complex + conditions from out-of-State providers. ``(g) Data Collection.-- - ``(1) Provider reporting requirements.--In order to receive - payments from a State under subsection (c), a designated - provider, a team of health care professionals operating with - such a provider, or a health team shall report to the State, at - such time and in such form and manner as may be required by the - State, the following information: - ``(A) With respect to each such provider, team of - health care professionals, or health team, the name, - National Provider Identification number, address, and - specific health care services offered to be provided to - children with medically complex conditions who have - selected such provider, team of health care - professionals, or health team as the health home of - such children. - ``(B) Information on all applicable measures for - determining the quality of health home services - provided by such provider, team of health care - professionals, or health team, including, to the extent - applicable, child health quality measures and measures - for centers of excellence for children with complex - needs developed under this title, title XXI, and - section 1139A. - ``(C) Such other information as the Secretary shall - specify in guidance. - When appropriate and feasible, such provider, team of health - care professionals, or health team, as the case may be, shall - use health information technology in providing the State with - such information. - ``(2) State reporting requirements.-- - ``(A) Comprehensive report.--A State with a State - plan amendment approved under this section shall report - to the Secretary (and, upon request, to the Medicaid - and CHIP Payment and Access Commission), at such time - and in such form and manner determined by the Secretary - to be reasonable and minimally burdensome, the - following information: - ``(i) Information reported under paragraph - (1). - ``(ii) The number of children with - medically complex conditions who have selected - a health home pursuant to this section. - ``(iii) The nature, number, and prevalence - of chronic conditions, life-threatening - illnesses, disabilities, or rare diseases that - such children have. - ``(iv) The type of delivery systems and - payment models used to provide services to such - children under this section. - ``(v) The number and characteristics of - designated providers, teams of health care - professionals operating with such providers, - and health teams selected as health homes - pursuant to this section, including the number - and characteristics of out-of-State providers, - teams of health care professionals operating - with such providers, and health teams who have - provided health care items and services to such - children. - ``(vi) The extent to which such children - receive health care items and services under - the State plan. - ``(vii) Quality measures developed - specifically with respect to health care items - and services provided to children with - medically complex conditions. - ``(B) Report on best practices.--Not later than 90 - days after a State has a State plan amendment approved - under this section, such State shall submit to the - Secretary, and make publicly available on the - appropriate State website, a report on how the State is - implementing guidance issued under subsection (e)(1), - including through any best practices adopted by the - State. + ``(1) Provider reporting requirements.--In order to receive + payments from a State under subsection (c), a designated provider, + a team of health care professionals operating with such a provider, + or a health team shall report to the State, at such time and in + such form and manner as may be required by the State, the following + information: + ``(A) With respect to each such provider, team of health + care professionals, or health team, the name, National Provider + Identification number, address, and specific health care + services offered to be provided to children with medically + complex conditions who have selected such provider, team of + health care professionals, or health team as the health home of + such children. + ``(B) Information on all applicable measures for + determining the quality of health home services provided by + such provider, team of health care professionals, or health + team, including, to the extent applicable, child health quality + measures and measures for centers of excellence for children + with complex needs developed under this title, title XXI, and + section 1139A. + ``(C) Such other information as the Secretary shall specify + in guidance. + When appropriate and feasible, such provider, team of health care + professionals, or health team, as the case may be, shall use health + information technology in providing the State with such + information. + ``(2) State reporting requirements.-- + ``(A) Comprehensive report.--A State with a State plan + amendment approved under this section shall report to the + Secretary (and, upon request, to the Medicaid and CHIP Payment + and Access Commission), at such time and in such form and + manner determined by the Secretary to be reasonable and + minimally burdensome, the following information: + ``(i) Information reported under paragraph (1). + ``(ii) The number of children with medically complex + conditions who have selected a health home pursuant to this + section. + ``(iii) The nature, number, and prevalence of chronic + conditions, life-threatening illnesses, disabilities, or + rare diseases that such children have. + ``(iv) The type of delivery systems and payment models + used to provide services to such children under this + section. + ``(v) The number and characteristics of designated + providers, teams of health care professionals operating + with such providers, and health teams selected as health + homes pursuant to this section, including the number and + characteristics of out-of-State providers, teams of health + care professionals operating with such providers, and + health teams who have provided health care items and + services to such children. + ``(vi) The extent to which such children receive health + care items and services under the State plan. + ``(vii) Quality measures developed specifically with + respect to health care items and services provided to + children with medically complex conditions. + ``(B) Report on best practices.--Not later than 90 days + after a State has a State plan amendment approved under this + section, such State shall submit to the Secretary, and make + publicly available on the appropriate State website, a report + on how the State is implementing guidance issued under + subsection (e)(1), including through any best practices adopted + by the State. ``(h) Rule of Construction.--Nothing in this section may be construed-- - ``(1) to require a child with medically complex conditions - to enroll in a health home under this section; - ``(2) to limit the choice of a child with medically complex - conditions in selecting a designated provider, team of health - care professionals operating with such a provider, or health - team that meets the health home qualification standards - established under subsection (b) as the child's health home; or - ``(3) to reduce or otherwise modify-- - ``(A) the entitlement of children with medically - complex conditions to early and periodic screening, - diagnostic, and treatment services (as defined in - section 1905(r)); or - ``(B) the informing, providing, arranging, and - reporting requirements of a State under section - 1902(a)(43). + ``(1) to require a child with medically complex conditions to + enroll in a health home under this section; + ``(2) to limit the choice of a child with medically complex + conditions in selecting a designated provider, team of health care + professionals operating with such a provider, or health team that + meets the health home qualification standards established under + subsection (b) as the child's health home; or + ``(3) to reduce or otherwise modify-- + ``(A) the entitlement of children with medically complex + conditions to early and periodic screening, diagnostic, and + treatment services (as defined in section 1905(r)); or + ``(B) the informing, providing, arranging, and reporting + requirements of a State under section 1902(a)(43). ``(i) Definitions.--In this section: - ``(1) Child with medically complex conditions.-- - ``(A) In general.--Subject to subparagraph (B), the - term `child with medically complex conditions' means an - individual under 21 years of age who-- - ``(i) is eligible for medical assistance - under the State plan (or under a waiver of such - plan); and - ``(ii) has at least-- - ``(I) one or more chronic - conditions that cumulatively affect - three or more organ systems and - severely reduces cognitive or physical - functioning (such as the ability to - eat, drink, or breathe independently) - and that also requires the use of - medication, durable medical equipment, - therapy, surgery, or other treatments; - or - ``(II) one life-limiting illness or - rare pediatric disease (as defined in - section 529(a)(3) of the Federal Food, - Drug, and Cosmetic Act (21 U.S.C. - 360ff(a)(3))). - ``(B) Rule of construction.--Nothing in this - paragraph shall prevent the Secretary from establishing - higher levels as to the number or severity of chronic, - life threatening illnesses, disabilities, rare diseases - or mental health conditions for purposes of determining - eligibility for receipt of health home services under - this section. - ``(2) Chronic condition.--The term `chronic condition' - means a serious, long-term physical, mental, or developmental - disability or disease, including the following: - ``(A) Cerebral palsy. - ``(B) Cystic fibrosis. - ``(C) HIV/AIDS. - ``(D) Blood diseases, such as anemia or sickle cell - disease. - ``(E) Muscular dystrophy. - ``(F) Spina bifida. - ``(G) Epilepsy. - ``(H) Severe autism spectrum disorder. - ``(I) Serious emotional disturbance or serious - mental health illness. - ``(3) Health home.--The term `health home' means a - designated provider (including a provider that operates in - coordination with a team of health care professionals) or a - health team selected by a child with medically complex - conditions (or the family of such child) to provide health home - services. - ``(4) Health home services.-- - ``(A) In general.--The term `health home services' - means comprehensive and timely high-quality services - described in subparagraph (B) that are provided by a - designated provider, a team of health care - professionals operating with such a provider, or a - health team. - ``(B) Services described.--The services described - in this subparagraph shall include-- - ``(i) comprehensive care management; - ``(ii) care coordination, health promotion, - and providing access to the full range of - pediatric specialty and subspecialty medical - services, including services from out-of-State - providers, as medically necessary; - ``(iii) comprehensive transitional care, - including appropriate follow-up, from inpatient - to other settings; - ``(iv) patient and family support - (including authorized representatives); - ``(v) referrals to community and social - support services, if relevant; and - ``(vi) use of health information technology - to link services, as feasible and appropriate. - ``(5) Designated provider.--The term `designated provider' - means a physician (including a pediatrician or a pediatric - specialty or subspecialty provider), children's hospital, - clinical practice or clinical group practice, prepaid inpatient - health plan or prepaid ambulatory health plan (as defined by - the Secretary), rural clinic, community health center, - community mental health center, home health agency, or any - other entity or provider that is determined by the State and - approved by the Secretary to be qualified to be a health home - for children with medically complex conditions on the basis of - documentation evidencing that the entity has the systems, - expertise, and infrastructure in place to provide health home - services. Such term may include providers who are employed by, - or affiliated with, a children's hospital. - ``(6) Team of health care professionals.--The term `team of - health care professionals' means a team of health care - professionals (as described in the State plan amendment under - this section) that may-- - ``(A) include-- - ``(i) physicians and other professionals, - such as pediatricians or pediatric specialty or - subspecialty providers, nurse care - coordinators, dietitians, nutritionists, social - workers, behavioral health professionals, - physical therapists, occupational therapists, - speech pathologists, nurses, individuals with - experience in medical supportive technologies, - or any professionals determined to be - appropriate by the State and approved by the - Secretary; - ``(ii) an entity or individual who is - designated to coordinate such a team; and - ``(iii) community health workers, - translators, and other individuals with - culturally-appropriate expertise; and - ``(B) be freestanding, virtual, or based at a - children's hospital, hospital, community health center, - community mental health center, rural clinic, clinical - practice or clinical group practice, academic health - center, or any entity determined to be appropriate by - the State and approved by the Secretary. - ``(7) Health team.--The term `health team' has the meaning - given such term for purposes of section 3502 of Public Law 111- - 148.''. - + ``(1) Child with medically complex conditions.-- + ``(A) In general.--Subject to subparagraph (B), the term + `child with medically complex conditions' means an individual + under 21 years of age who-- + ``(i) is eligible for medical assistance under the + State plan (or under a waiver of such plan); and + ``(ii) has at least-- + + ``(I) one or more chronic conditions that + cumulatively affect three or more organ systems and + severely reduces cognitive or physical functioning + (such as the ability to eat, drink, or breathe + independently) and that also requires the use of + medication, durable medical equipment, therapy, + surgery, or other treatments; or + ``(II) one life-limiting illness or rare pediatric + disease (as defined in section 529(a)(3) of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 360ff(a)(3))). + + ``(B) Rule of construction.--Nothing in this paragraph + shall prevent the Secretary from establishing higher levels as + to the number or severity of chronic, life threatening + illnesses, disabilities, rare diseases or mental health + conditions for purposes of determining eligibility for receipt + of health home services under this section. + ``(2) Chronic condition.--The term `chronic condition' means a + serious, long-term physical, mental, or developmental disability or + disease, including the following: + ``(A) Cerebral palsy. + ``(B) Cystic fibrosis. + ``(C) HIV/AIDS. + ``(D) Blood diseases, such as anemia or sickle cell + disease. + ``(E) Muscular dystrophy. + ``(F) Spina bifida. + ``(G) Epilepsy. + ``(H) Severe autism spectrum disorder. + ``(I) Serious emotional disturbance or serious mental + health illness. + ``(3) Health home.--The term `health home' means a designated + provider (including a provider that operates in coordination with a + team of health care professionals) or a health team selected by a + child with medically complex conditions (or the family of such + child) to provide health home services. + ``(4) Health home services.-- + ``(A) In general.--The term `health home services' means + comprehensive and timely high-quality services described in + subparagraph (B) that are provided by a designated provider, a + team of health care professionals operating with such a + provider, or a health team. + ``(B) Services described.--The services described in this + subparagraph shall include-- + ``(i) comprehensive care management; + ``(ii) care coordination, health promotion, and + providing access to the full range of pediatric specialty + and subspecialty medical services, including services from + out-of-State providers, as medically necessary; + ``(iii) comprehensive transitional care, including + appropriate follow-up, from inpatient to other settings; + ``(iv) patient and family support (including authorized + representatives); + ``(v) referrals to community and social support + services, if relevant; and + ``(vi) use of health information technology to link + services, as feasible and appropriate. + ``(5) Designated provider.--The term `designated provider' + means a physician (including a pediatrician or a pediatric + specialty or subspecialty provider), children's hospital, clinical + practice or clinical group practice, prepaid inpatient health plan + or prepaid ambulatory health plan (as defined by the Secretary), + rural clinic, community health center, community mental health + center, home health agency, or any other entity or provider that is + determined by the State and approved by the Secretary to be + qualified to be a health home for children with medically complex + conditions on the basis of documentation evidencing that the entity + has the systems, expertise, and infrastructure in place to provide + health home services. Such term may include providers who are + employed by, or affiliated with, a children's hospital. + ``(6) Team of health care professionals.--The term `team of + health care professionals' means a team of health care + professionals (as described in the State plan amendment under this + section) that may-- + ``(A) include-- + ``(i) physicians and other professionals, such as + pediatricians or pediatric specialty or subspecialty + providers, nurse care coordinators, dietitians, + nutritionists, social workers, behavioral health + professionals, physical therapists, occupational + therapists, speech pathologists, nurses, individuals with + experience in medical supportive technologies, or any + professionals determined to be appropriate by the State and + approved by the Secretary; + ``(ii) an entity or individual who is designated to + coordinate such a team; and + ``(iii) community health workers, translators, and + other individuals with culturally-appropriate expertise; + and + ``(B) be freestanding, virtual, or based at a children's + hospital, hospital, community health center, community mental + health center, rural clinic, clinical practice or clinical + group practice, academic health center, or any entity + determined to be appropriate by the State and approved by the + Secretary. + ``(7) Health team.--The term `health team' has the meaning + given such term for purposes of section 3502 of Public Law 111- + 148.''. SEC. 4. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION - PROGRAM. - +PROGRAM. Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note) is amended by striking ``for 2-year demonstration programs under this subsection'' and inserting ``to conduct demonstration programs under this subsection for 2 years or through June 30, 2019, whichever is longer''. - SEC. 5. ADDITIONAL FUNDING FOR THE MONEY FOLLOWS THE PERSON REBALANCING - DEMONSTRATION. - +DEMONSTRATION. Section 6071(h)(1)(F) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking ``$112,000,000'' and inserting ``132,000,000''. - SEC. 6. PREVENTING THE MISCLASSIFICATION OF DRUGS UNDER THE MEDICAID - DRUG REBATE PROGRAM. - +DRUG REBATE PROGRAM. (a) Application of Civil Money Penalty for Misclassification of Covered Outpatient Drugs.-- - (1) In general.--Section 1927(b)(3) of the Social Security - Act (42 U.S.C. 1396r-8(b)(3)) is amended-- - (A) in the paragraph heading, by inserting ``and - drug product'' after ``price''; - (B) in subparagraph (A)-- - (i) in clause (ii), by striking ``; and'' - at the end and inserting a semicolon; - (ii) in clause (iii), by striking the - period at the end and inserting a semicolon; - (iii) in clause (iv), by striking the - semicolon at the end and inserting ``; and''; - and - (iv) by inserting after clause (iv) the - following new clause: - ``(v) not later than 30 days after the last - day of each month of a rebate period under the - agreement, such drug product information as the - Secretary shall require for each of the - manufacturer's covered outpatient drugs.''; and - (C) in subparagraph (C)-- - (i) in clause (ii), by inserting ``, - including information related to drug pricing, - drug product information, and data related to - drug pricing or drug product information,'' - after ``provides false information''; - (ii) by adding at the end the following new - clauses: - ``(iii) Misclassified drug product or - misreported information.-- - ``(I) In general.--Any manufacturer - with an agreement under this section - that knowingly (as defined in section - 1003.110 of title 42, Code of Federal - Regulations (or any successor - regulation)) misclassifies a covered - outpatient drug, such as by knowingly - submitting incorrect drug product - information, is subject to a civil - money penalty for each covered - outpatient drug that is misclassified - in an amount not to exceed 2 times the - amount of the difference between-- - ``(aa) the total amount of - rebates that the manufacturer - paid with respect to the drug - to all States for all rebate - periods during which the drug - was misclassified; and - ``(bb) the total amount of - rebates that the manufacturer - would have been required to - pay, as determined by the - Secretary using drug product - information provided by the - manufacturer, with respect to - the drug to all States for all - rebate periods during which the - drug was misclassified if the - drug had been correctly - classified. - ``(II) Other penalties and recovery - of underpaid rebates.--The civil money - penalties described in subclause (I) - are in addition to other penalties as - may be prescribed by law and any other - recovery of the underlying underpayment - for rebates due under this section or - the terms of the rebate agreement as - determined by the Secretary. - ``(iv) Increasing oversight and - enforcement.--Each year the Secretary shall - retain, in addition to any amount retained by - the Secretary to recoup investigation and - litigation costs related to the enforcement of - the civil money penalties under this - subparagraph and subsection (c)(4)(B)(ii)(III), - an amount equal to 25 percent of the total - amount of civil money penalties collected under - this subparagraph and subsection - (c)(4)(B)(ii)(III) for the year, and such - retained amount shall be available to the - Secretary, without further appropriation and - until expended, for activities related to the - oversight and enforcement of this section and - agreements under this section, including-- - ``(I) improving drug data reporting - systems; - ``(II) evaluating and ensuring - manufacturer compliance with rebate - obligations; and - ``(III) oversight and enforcement - related to ensuring that manufacturers - accurately and fully report drug - information, including data related to - drug classification.''; and - (iii) in subparagraph (D)-- - (I) in clause (iv), by striking ``, - and'' and inserting a comma; - (II) in clause (v), by striking the - period and inserting ``, and''; and - (III) by inserting after clause (v) - the following new clause: - ``(vi) in the case of categories of drug - product or classification information that were - not considered confidential by the Secretary on - the day before the date of the enactment of - this clause.''. - (2) Technical amendments.-- - (A) Section 1903(i)(10) of the Social Security Act - (42 U.S.C. 1396b(i)(10)) is amended-- - (i) in subparagraph (C)-- - (I) by adjusting the left margin so - as to align with the left margin of - subparagraph (B); and - (II) by striking ``, and'' and - inserting a semicolon; - (ii) in subparagraph (D), by striking ``; - or'' and inserting ``; and''; and - (iii) by adding at the end the following - new subparagraph: - ``(E) with respect to any amount expended for a covered - outpatient drug for which a suspension under section - 1927(c)(4)(B)(ii)(II) is in effect; or''. - (B) Section 1927(b)(3)(C)(ii) of the Social - Security Act (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is - amended by striking ``subsections (a) and (b)'' and - inserting ``subsections (a), (b), (f)(3), and (f)(4)''. + (1) In general.--Section 1927(b)(3) of the Social Security Act + (42 U.S.C. 1396r-8(b)(3)) is amended-- + (A) in the paragraph heading, by inserting ``and drug + product'' after ``price''; + (B) in subparagraph (A)-- + (i) in clause (ii), by striking ``; and'' at the end + and inserting a semicolon; + (ii) in clause (iii), by striking the period at the end + and inserting a semicolon; + (iii) in clause (iv), by striking the semicolon at the + end and inserting ``; and''; and + (iv) by inserting after clause (iv) the following new + clause: + ``(v) not later than 30 days after the last day of each + month of a rebate period under the agreement, such drug + product information as the Secretary shall require for each + of the manufacturer's covered outpatient drugs.''; and + (C) in subparagraph (C)-- + (i) in clause (ii), by inserting ``, including + information related to drug pricing, drug product + information, and data related to drug pricing or drug + product information,'' after ``provides false + information''; + (ii) by adding at the end the following new clauses: + ``(iii) Misclassified drug product or misreported + information.-- + + ``(I) In general.--Any manufacturer with an + agreement under this section that knowingly (as defined + in section 1003.110 of title 42, Code of Federal + Regulations (or any successor regulation)) + misclassifies a covered outpatient drug, such as by + knowingly submitting incorrect drug product + information, is subject to a civil money penalty for + each covered outpatient drug that is misclassified in + an amount not to exceed 2 times the amount of the + difference between-- + + ``(aa) the total amount of rebates that the + manufacturer paid with respect to the drug to all + States for all rebate periods during which the drug + was misclassified; and + ``(bb) the total amount of rebates that the + manufacturer would have been required to pay, as + determined by the Secretary using drug product + information provided by the manufacturer, with + respect to the drug to all States for all rebate + periods during which the drug was misclassified if + the drug had been correctly classified. + + ``(II) Other penalties and recovery of underpaid + rebates.--The civil money penalties described in + subclause (I) are in addition to other penalties as may + be prescribed by law and any other recovery of the + underlying underpayment for rebates due under this + section or the terms of the rebate agreement as + determined by the Secretary. + + ``(iv) Increasing oversight and enforcement.--Each year + the Secretary shall retain, in addition to any amount + retained by the Secretary to recoup investigation and + litigation costs related to the enforcement of the civil + money penalties under this subparagraph and subsection + (c)(4)(B)(ii)(III), an amount equal to 25 percent of the + total amount of civil money penalties collected under this + subparagraph and subsection (c)(4)(B)(ii)(III) for the + year, and such retained amount shall be available to the + Secretary, without further appropriation and until + expended, for activities related to the oversight and + enforcement of this section and agreements under this + section, including-- + + ``(I) improving drug data reporting systems; + ``(II) evaluating and ensuring manufacturer + compliance with rebate obligations; and + ``(III) oversight and enforcement related to + ensuring that manufacturers accurately and fully report + drug information, including data related to drug + classification.''; and + + (iii) in subparagraph (D)-- + + (I) in clause (iv), by striking ``, and'' and + inserting a comma; + (II) in clause (v), by striking the period and + inserting ``, and''; and + (III) by inserting after clause (v) the following + new clause: + + ``(vi) in the case of categories of drug product or + classification information that were not considered + confidential by the Secretary on the day before the date of + the enactment of this clause.''. + (2) Technical amendments.-- + (A) Section 1903(i)(10) of the Social Security Act (42 + U.S.C. 1396b(i)(10)) is amended-- + (i) in subparagraph (C)-- + + (I) by adjusting the left margin so as to align + with the left margin of subparagraph (B); and + (II) by striking ``, and'' and inserting a + semicolon; + + (ii) in subparagraph (D), by striking ``; or'' and + inserting ``; and''; and + (iii) by adding at the end the following new + subparagraph: + ``(E) with respect to any amount expended for a covered + outpatient drug for which a suspension under section + 1927(c)(4)(B)(ii)(II) is in effect; or''. + (B) Section 1927(b)(3)(C)(ii) of the Social Security Act + (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is amended by striking + ``subsections (a) and (b)'' and inserting ``subsections (a), + (b), (f)(3), and (f)(4)''. (b) Recovery of Unpaid Rebate Amounts Due to Misclassification of Covered Outpatient Drugs.-- - (1) In general.--Section 1927(c) of the Social Security Act - (42 U.S.C. 1396r-8(c)) is amended by adding at the end the - following new paragraph: - ``(4) Recovery of unpaid rebate amounts due to - misclassification of covered outpatient drugs.-- - ``(A) In general.--If the Secretary determines that - a manufacturer with an agreement under this section - paid a lower per-unit rebate amount to a State for a - rebate period as a result of the misclassification by - the manufacturer of a covered outpatient drug (without - regard to whether the manufacturer knowingly made the - misclassification or should have known that the - misclassification would be made) than the per-unit - rebate amount that the manufacturer would have paid to - the State if the drug had been correctly classified, - the manufacturer shall pay to the State an amount equal + (1) In general.--Section 1927(c) of the Social Security Act (42 + U.S.C. 1396r-8(c)) is amended by adding at the end the following + new paragraph: + ``(4) Recovery of unpaid rebate amounts due to + misclassification of covered outpatient drugs.-- + ``(A) In general.--If the Secretary determines that a + manufacturer with an agreement under this section paid a lower + per-unit rebate amount to a State for a rebate period as a + result of the misclassification by the manufacturer of a + covered outpatient drug (without regard to whether the + manufacturer knowingly made the misclassification or should + have known that the misclassification would be made) than the + per-unit rebate amount that the manufacturer would have paid to + the State if the drug had been correctly classified, the + manufacturer shall pay to the State an amount equal to the + product of-- + ``(i) the difference between-- + + ``(I) the per-unit rebate amount paid to the State + for the period; and + ``(II) the per-unit rebate amount that the + manufacturer would have paid to the State for the + period, as determined by the Secretary, if the drug had + been correctly classified; and + + ``(ii) the total units of the drug paid for under the + State plan in the period. + ``(B) Authority to correct misclassifications.-- + ``(i) In general.--If the Secretary determines that a + manufacturer with an agreement under this section has + misclassified a covered outpatient drug (without regard to + whether the manufacturer knowingly made the + misclassification or should have known that the + misclassification would be made), the Secretary shall + notify the manufacturer of the misclassification and + require the manufacturer to correct the misclassification + in a timely manner. + ``(ii) Enforcement.--If, after receiving notice of a + misclassification from the Secretary under clause (i), a + manufacturer fails to correct the misclassification by such + time as the Secretary shall require, until the manufacturer + makes such correction, the Secretary may do any or all of + the following: + + ``(I) Correct the misclassification, using drug + product information provided by the manufacturer, on + behalf of the manufacturer. + ``(II) Suspend the misclassified drug and the + drug's status as a covered outpatient drug under the + manufacturer's national rebate agreement, and exclude + the misclassified drug from Federal financial + participation in accordance with section + 1903(i)(10)(E). + ``(III) Impose a civil money penalty (which shall + be in addition to any other recovery or penalty which + may be available under this section or any other + provision of law) for each rebate period during which + the drug is misclassified not to exceed an amount equal to the product of-- - ``(i) the difference between-- - ``(I) the per-unit rebate amount - paid to the State for the period; and - ``(II) the per-unit rebate amount - that the manufacturer would have paid - to the State for the period, as - determined by the Secretary, if the - drug had been correctly classified; and - ``(ii) the total units of the drug paid for - under the State plan in the period. - ``(B) Authority to correct misclassifications.-- - ``(i) In general.--If the Secretary - determines that a manufacturer with an - agreement under this section has misclassified - a covered outpatient drug (without regard to - whether the manufacturer knowingly made the - misclassification or should have known that the - misclassification would be made), the Secretary - shall notify the manufacturer of the - misclassification and require the manufacturer - to correct the misclassification in a timely - manner. - ``(ii) Enforcement.--If, after receiving - notice of a misclassification from the - Secretary under clause (i), a manufacturer - fails to correct the misclassification by such - time as the Secretary shall require, until the - manufacturer makes such correction, the - Secretary may do any or all of the following: - ``(I) Correct the - misclassification, using drug product - information provided by the - manufacturer, on behalf of the - manufacturer. - ``(II) Suspend the misclassified - drug and the drug's status as a covered - outpatient drug under the - manufacturer's national rebate - agreement, and exclude the - misclassified drug from Federal - financial participation in accordance - with section 1903(i)(10)(E). - ``(III) Impose a civil money - penalty (which shall be in addition to - any other recovery or penalty which may - be available under this section or any - other provision of law) for each rebate - period during which the drug is - misclassified not to exceed an amount - equal to the product of-- - ``(aa) the total number of - units of each dosage form and - strength of such misclassified - drug paid for under any State - plan during such a rebate - period; and - ``(bb) 23.1 percent of the - average manufacturer price for - the dosage form and strength of - such misclassified drug. - ``(C) Reporting and transparency.-- - ``(i) In general.--The Secretary shall - submit a report to Congress on at least an - annual basis that includes information on the - covered outpatient drugs that have been - identified as misclassified, any steps taken to - reclassify such drugs, the actions the - Secretary has taken to ensure the payment of - any rebate amounts which were unpaid as a - result of such misclassification, and a - disclosure of expenditures from the fund - created in subsection (b)(3)(C)(iv), including - an accounting of how such funds have been - allocated and spent in accordance with such - subsection. - ``(ii) Public access.--The Secretary shall - make the information contained in the report - required under clause (i) available to the - public on a timely basis. - ``(D) Other penalties and actions.--Actions taken - and penalties imposed under this clause shall be in - addition to other remedies available to the Secretary - including terminating the manufacturer's rebate - agreement for noncompliance with the terms of such - agreement and shall not exempt a manufacturer from, or - preclude the Secretary from pursuing, any civil money - penalty under this title or title XI, or any other - penalty or action as may be prescribed by law.''. - (2) Offset of recovered amounts against medical - assistance.--Section 1927(b)(1)(B) of the Social Security Act - (42 U.S.C. 1396r-8(b)(1)(B)) is amended by inserting ``, - including amounts received by a State under subsection - (c)(4),'' after ``in any quarter''. + + ``(aa) the total number of units of each dosage + form and strength of such misclassified drug paid + for under any State plan during such a rebate + period; and + ``(bb) 23.1 percent of the average manufacturer + price for the dosage form and strength of such + misclassified drug. + ``(C) Reporting and transparency.-- + ``(i) In general.--The Secretary shall submit a report + to Congress on at least an annual basis that includes + information on the covered outpatient drugs that have been + identified as misclassified, any steps taken to reclassify + such drugs, the actions the Secretary has taken to ensure + the payment of any rebate amounts which were unpaid as a + result of such misclassification, and a disclosure of + expenditures from the fund created in subsection + (b)(3)(C)(iv), including an accounting of how such funds + have been allocated and spent in accordance with such + subsection. + ``(ii) Public access.--The Secretary shall make the + information contained in the report required under clause + (i) available to the public on a timely basis. + ``(D) Other penalties and actions.--Actions taken and + penalties imposed under this clause shall be in addition to + other remedies available to the Secretary including terminating + the manufacturer's rebate agreement for noncompliance with the + terms of such agreement and shall not exempt a manufacturer + from, or preclude the Secretary from pursuing, any civil money + penalty under this title or title XI, or any other penalty or + action as may be prescribed by law.''. + (2) Offset of recovered amounts against medical assistance.-- + Section 1927(b)(1)(B) of the Social Security Act (42 U.S.C. 1396r- + 8(b)(1)(B)) is amended by inserting ``, including amounts received + by a State under subsection (c)(4),'' after ``in any quarter''. (c) Clarifying Definitions.--Section 1927(k) of the Social Security Act (42 U.S.C. 1396r-8(k)) is amended-- - (1) in paragraph (2)(A), by striking ``paragraph (5)'' and - inserting ``paragraph (4)''; and - (2) in paragraph (7)(A)-- - (A) by striking ``an original new drug - application'' and inserting ``a new drug application'' - each place it appears; - (B) in clause (i), by striking ``(not including any - drug described in paragraph (5))'' and inserting ``, - including a drug product approved for marketing as a - non-prescription drug that is regarded as a covered - outpatient drug under paragraph (4),''; - (C) in clause (ii)-- - (i) by striking ``was originally marketed'' - and inserting ``is marketed''; and - (ii) by inserting ``, unless the Secretary - determines that a narrow exception applies (as - described in section 447.502 of title 42, Code - of Federal Regulations (or any successor - regulation))'' before the period; and - (D) in clause (iv)-- - (i) by inserting ``, including a drug - product approved for marketing as a non- - prescription drug that is regarded as a covered - outpatient drug under paragraph (4),'' after - ``covered outpatient drug''; - (ii) by inserting ``unless the Secretary - determines that a narrow exception applies (as - described in section 447.502 of title 42, Code - of Federal Regulations (or any successor - regulation))'' after ``under the new drug - application''; and - (iii) by adding at the end the following - new sentence: ``Such term also includes a - covered outpatient drug that is a biological - product licensed, produced, or distributed - under a biologics license application approved - by the Food and Drug Administration.''. + (1) in paragraph (2)(A), by striking ``paragraph (5)'' and + inserting ``paragraph (4)''; and + (2) in paragraph (7)(A)-- + (A) by striking ``an original new drug application'' and + inserting ``a new drug application'' each place it appears; + (B) in clause (i), by striking ``(not including any drug + described in paragraph (5))'' and inserting ``, including a + drug product approved for marketing as a non-prescription drug + that is regarded as a covered outpatient drug under paragraph + (4),''; + (C) in clause (ii)-- + (i) by striking ``was originally marketed'' and + inserting ``is marketed''; and + (ii) by inserting ``, unless the Secretary determines + that a narrow exception applies (as described in section + 447.502 of title 42, Code of Federal Regulations (or any + successor regulation))'' before the period; and + (D) in clause (iv)-- + (i) by inserting ``, including a drug product approved + for marketing as a non-prescription drug that is regarded + as a covered outpatient drug under paragraph (4),'' after + ``covered outpatient drug''; + (ii) by inserting ``unless the Secretary determines + that a narrow exception applies (as described in section + 447.502 of title 42, Code of Federal Regulations (or any + successor regulation))'' after ``under the new drug + application''; and + (iii) by adding at the end the following new sentence: + ``Such term also includes a covered outpatient drug that is + a biological product licensed, produced, or distributed + under a biologics license application approved by the Food + and Drug Administration.''. (d) Exclusion of Manufacturers for Knowing Misclassification of Covered Outpatient Drugs.--Section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by adding at the end the following new paragraph: - ``(17) Knowingly misclassifying covered outpatient drugs.-- - Any manufacturer or officer, director, agent, or managing - employee of such manufacturer that knowingly misclassifies a - covered outpatient drug under an agreement under section 1927, - knowingly fails to correct such misclassification, or knowingly - provides false information related to drug pricing, drug - product information, or data related to drug pricing or drug - product information.''. + ``(17) Knowingly misclassifying covered outpatient drugs.--Any + manufacturer or officer, director, agent, or managing employee of + such manufacturer that knowingly misclassifies a covered outpatient + drug under an agreement under section 1927, knowingly fails to + correct such misclassification, or knowingly provides false + information related to drug pricing, drug product information, or + data related to drug pricing or drug product information.''. (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to covered outpatient drugs supplied by manufacturers under agreements under section 1927 of the Social Security Act (42 U.S.C. 1396r-8) on or after such date. - SEC. 7. EXTENSION OF THIRD-PARTY LIABILITY PERIOD FOR CHILD SUPPORT - SERVICES. - +SERVICES. (a) In General.--Section 202(a)(2) of the Bipartisan Budget Act of 2013 (Public Law 113-67) is amended by striking ``90 days'' and inserting ``100 days''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. - SEC. 8. DENIAL OF FFP FOR CERTAIN EXPENDITURES RELATING TO VACUUM - ERECTION SYSTEMS AND PENILE PROSTHETIC IMPLANTS. - +ERECTION SYSTEMS AND PENILE PROSTHETIC IMPLANTS. (a) In General.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended by inserting after paragraph (11) the following: - ``(12) with respect to any amounts expended for-- - ``(A) a vacuum erection system that is not - medically necessary; or - ``(B) the insertion, repair, or removal and - replacement of a penile prosthetic implant (unless such - insertion, repair, or removal and replacement is - medically necessary); or''. + ``(12) with respect to any amounts expended for-- + ``(A) a vacuum erection system that is not medically + necessary; or + ``(B) the insertion, repair, or removal and replacement of + a penile prosthetic implant (unless such insertion, repair, or + removal and replacement is medically necessary); or''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2020. - SEC. 9. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -827,10 +728,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives March 25, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From bd78cddae695c56a14b218d0ae3f2486e512fb7a Mon Sep 17 00:00:00 2001 From: "Rep. Krishnamoorthi, Raja [D-IL-8]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 195/984] House-1844: Introduced to House --- bills_text/House-1844.txt | 48 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 bills_text/House-1844.txt diff --git a/bills_text/House-1844.txt b/bills_text/House-1844.txt new file mode 100644 index 0000000..6ecab43 --- /dev/null +++ b/bills_text/House-1844.txt @@ -0,0 +1,48 @@ +116th CONGRESS + 1st Session + H. R. 1844 + + To designate the facility of the United States Postal Service located + at 66 Grove Court in Elgin, Illinois, as the ``Corporal Alex Martinez + Memorial Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 21, 2019 + + Mr. Krishnamoorthi (for himself, Mr. Rush, Ms. Kelly of Illinois, Mr. +Lipinski, Mr. Garcia of Illinois, Mr. Quigley, Mr. Casten of Illinois, + Mr. Danny K. Davis of Illinois, Ms. Schakowsky, Mr. Schneider, Mr. + Foster, Mr. Bost, Mr. Rodney Davis of Illinois, Ms. Underwood, Mr. + Shimkus, Mr. Kinzinger, Mrs. Bustos, and Mr. LaHood) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 66 Grove Court in Elgin, Illinois, as the ``Corporal Alex Martinez + Memorial Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. CORPORAL ALEX MARTINEZ MEMORIAL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 66 Grove Court in Elgin, Illinois, shall be known and +designated as the ``Corporal Alex Martinez Memorial Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Corporal +Alex Martinez Memorial Post Office Building''. + \ No newline at end of file From 0b4327fe8251b59e81898f22fff18aaf34df8474 Mon Sep 17 00:00:00 2001 From: "Rep. Krishnamoorthi, Raja [D-IL-8]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 196/984] House-1844: Engrossed in House --- bills_text/House-1844.txt | 42 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 22 deletions(-) diff --git a/bills_text/House-1844.txt b/bills_text/House-1844.txt index 6ecab43..dde3610 100644 --- a/bills_text/House-1844.txt +++ b/bills_text/House-1844.txt @@ -2,29 +2,9 @@ 1st Session H. R. 1844 - To designate the facility of the United States Postal Service located - at 66 Grove Court in Elgin, Illinois, as the ``Corporal Alex Martinez - Memorial Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 21, 2019 - - Mr. Krishnamoorthi (for himself, Mr. Rush, Ms. Kelly of Illinois, Mr. -Lipinski, Mr. Garcia of Illinois, Mr. Quigley, Mr. Casten of Illinois, - Mr. Danny K. Davis of Illinois, Ms. Schakowsky, Mr. Schneider, Mr. - Foster, Mr. Bost, Mr. Rodney Davis of Illinois, Ms. Underwood, Mr. - Shimkus, Mr. Kinzinger, Mrs. Bustos, and Mr. LaHood) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -45,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Corporal Alex Martinez Memorial Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives July 17, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1844 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 66 Grove Court in Elgin, Illinois, as the ``Corporal Alex Martinez + Memorial Post Office Building''. From 11bbf784d8efeb52399f03400fdba9cdd04950a0 Mon Sep 17 00:00:00 2001 From: "Rep. Krishnamoorthi, Raja [D-IL-8]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 197/984] House-1844: Enrolled --- bills_text/House-1844.txt | 45 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-1844.txt b/bills_text/House-1844.txt index dde3610..a1fc9e3 100644 --- a/bills_text/House-1844.txt +++ b/bills_text/House-1844.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 1844 + H.R.1844 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 66 Grove Court in Elgin, Illinois, as the ``Corporal Alex Martinez +To designate the facility of the United States Postal Service located at + 66 Grove Court in Elgin, Illinois, as the ``Corporal Alex Martinez Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. CORPORAL ALEX MARTINEZ MEMORIAL POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 66 Grove Court in Elgin, Illinois, shall be known and designated as the ``Corporal Alex Martinez Memorial Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Corporal Alex Martinez Memorial Post Office Building''. - Passed the House of Representatives July 17, 2019. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1844 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located - at 66 Grove Court in Elgin, Illinois, as the ``Corporal Alex Martinez - Memorial Post Office Building''. + Vice President of the United States and + President of the Senate. From e6a5bede37e6f4e6f62a64cf12f5e69d78634b9c Mon Sep 17 00:00:00 2001 From: "Rep. Pascrell, Bill, Jr. [D-NJ-9]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 198/984] House-1865: Introduced to House --- bills_text/House-1865.txt | 203 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 203 insertions(+) create mode 100644 bills_text/House-1865.txt diff --git a/bills_text/House-1865.txt b/bills_text/House-1865.txt new file mode 100644 index 0000000..9ffeac7 --- /dev/null +++ b/bills_text/House-1865.txt @@ -0,0 +1,203 @@ +116th CONGRESS + 1st Session + H. R. 1865 + + To require the Secretary of the Treasury to mint a coin in +commemoration of the opening of the National Law Enforcement Museum in + the District of Columbia, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 25, 2019 + + Mr. Pascrell (for himself, Mr. Rutherford, Mr. Pallone, Mr. Ryan, Mr. + O'Halleran, Mr. Brendan F. Boyle of Pennsylvania, Ms. Norton, Mr. +Kilmer, Ms. Sewell of Alabama, Mr. Swalwell of California, Mr. King of +New York, Mr. Norman, Mr. Carson of Indiana, Mr. Cook, Mr. Lamborn, Mr. +Bacon, Mr. Sires, Mr. Lynch, Mr. Sean Patrick Maloney of New York, Mr. +Suozzi, Mr. Olson, Mr. Higgins of New York, Mr. Norcross, Mr. Lipinski, +Mr. Kinzinger, Mr. Fitzpatrick, Mr. Grijalva, Mr. Johnson of Ohio, Mrs. + Demings, Mr. Takano, Mr. Costa, Mr. Garamendi, Mrs. Torres of + California, Mr. Emmer, Mr. Gaetz, Ms. Stefanik, Mr. Collins of New +York, Mr. Smith of New Jersey, Mr. Katko, Mr. Rodney Davis of Illinois, +Mr. Hice of Georgia, Mr. McNerney, Mr. Mitchell, Mrs. Lowey, Ms. Kuster + of New Hampshire, Mrs. Murphy, Mr. Hunter, Mr. Cohen, Mr. Kind, Mr. + Engel, Mrs. Bustos, Mr. Carbajal, Mr. Newhouse, Mr. Bost, Mr. Peters, +Mr. Vela, Mr. Gianforte, Mr. Young, Mr. Kildee, Mr. Gibbs, Mr. Joyce of + Ohio, Mr. Moolenaar, Mr. Calvert, Mr. Thompson of California, Miss + Gonzalez-Colon of Puerto Rico, Mr. Perlmutter, Mr. Gonzalez of Texas, + Mr. Kelly of Pennsylvania, Mr. McGovern, Mr. Foster, Mr. Himes, Mr. + Yoho, Mr. Ruiz, Mr. Weber of Texas, Mr. Thompson of Mississippi, Mr. +Welch, Mr. Bera, Mr. Mooney of West Virginia, Mr. Comer, Mr. Espaillat, + Ms. DeLauro, Mr. Posey, Mr. Latta, Mr. Cole, Mr. Zeldin, Mr. Quigley, + Mr. Soto, Mr. Stewart, Mr. Mast, Mr. McEachin, Mr. Yarmuth, Mr. + Guthrie, Ms. Pingree, Mr. Sablan, Miss Rice of New York, Ms. Matsui, + Mr. Lawson of Florida, Mr. Smith of Missouri, Mr. Nunes, Mrs. Watson + Coleman, Ms. Judy Chu of California, Ms. Eshoo, Mr. Van Drew, Mr. San + Nicolas, Mrs. Kirkpatrick, Ms. Hill of California, Mrs. Axne, Mr. + Spano, Mr. Guest, Mr. Cisneros, Mr. Brindisi, Ms. Torres Small of New + Mexico, Mrs. Miller, and Mr. Harder of California) introduced the + following bill; which was referred to the Committee on Financial + Services + +_______________________________________________________________________ + + A BILL + + + + To require the Secretary of the Treasury to mint a coin in +commemoration of the opening of the National Law Enforcement Museum in + the District of Columbia, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Law Enforcement Museum +Commemorative Coin Act''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) In 2000, Congress passed and President William J. + Clinton signed into law the National Law Enforcement Museum Act + (Public Law 106-492), which authorized the National Law + Enforcement Officers Memorial Fund, Inc., to build the National + Law Enforcement Museum on Federal land in the District of + Columbia to honor and commemorate the service and sacrifice of + law enforcement officers in the United States. + (2) In April 2016, construction began on the National Law + Enforcement Museum in the District of Columbia across the + street from the National Law Enforcement Officers Memorial in + Judiciary Square. + (3) The National Law Enforcement Museum formally opened in + October of 2018. + (4) The National Law Enforcement Museum's mission is-- + (A) to honor and commemorate the extraordinary + service and sacrifice of America's law enforcement + officers; + (B) to serve as an important bridge between law + enforcement's past and present, between the heroes of + yesteryear and those who have followed in their + footsteps, and between America's peace officers and the + public they serve; + (C) increase public understanding and support for + law enforcement and to promote law enforcement safety; + and + (D) strengthen the relationship between law + enforcement and the communities they serve with + thought-provoking programs at the Museum and around the + country that promote dialogue on topics of current + interest. + +SEC. 3. COIN SPECIFICATIONS. + + (a) Denominations.--The Secretary of the Treasury (hereafter in +this Act referred to as the ``Secretary'') shall mint and issue the +following coin: + (1) $5 gold coins.--Not more than 50,000 $5 coins, which + shall-- + (A) weigh 8.359 grams; + (B) have a diameter of 0.850 inches; and + (C) contain not less than 90 percent gold. + (2) $1 silver coins.--Not more than 400,000 $1 coins, which + shall-- + (A) weigh 26.73 grams; + (B) have a diameter of 1.500 inches; and + (C) contain not less than 90 percent silver. + (3) Half-dollar clad coins.--Not more than 750,000 half- + dollar coins which shall-- + (A) weigh 11.34 grams; + (B) have a diameter of 1.205 inches; and + (C) be minted to the specifications for half-dollar + coins contained in section 5112(b) of title 31, United + States Code. + (b) Legal Tender.--The coins minted under this Act shall be legal +tender, as provided in section 5103 of title 31, United States Code. + (c) Numismatic Items.--For purposes of section 5134 of title 31, +United States Code, all coins minted under this Act shall be considered +to be numismatic items. + +SEC. 4. DESIGN OF COINS. + + (a) Design Requirements.-- + (1) In general.--The design of the coins minted under this + Act shall be emblematic of the National Law Enforcement Museum + and the service and sacrifice of law enforcement officers + throughout the history of the United States. + (2) Designation and inscriptions.--On each coin minted + under this Act there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2021''; and + (C) inscriptions of the words ``Liberty'', ``In God + We Trust'', ``United States of America'', and ``E + Pluribus Unum''. + (b) Selection.--The design for the coins minted under this Act +shall be-- + (1) selected by the Secretary after consultation with the + Commission of Fine Arts and the National Law Enforcement + Officers Memorial Fund, Inc.; and + (2) reviewed by the Citizens Coinage Advisory Committee. + +SEC. 5. ISSUANCE OF COINS. + + (a) Quality of Coins.--Coins minted under this Act shall be issued +in uncirculated and proof qualities. + (b) Mint Facilities.--Only 1 facility of the United States Mint may +be used to strike any particular quality of the coins minted under this +Act. + (c) Period for Issuance.--The Secretary may issue coins minted +under this Act only during the 1-year period beginning on January 1, +2021. + +SEC. 6. SALE OF COINS. + + (a) Sale Price.--The coins issued under this Act shall be sold by +the Secretary at a price equal to the sum of-- + (1) the face value of the coins; + (2) the surcharge provided in section 7(a) with respect to + such coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). + (b) Bulk Sales.--The Secretary shall make bulk sales of the coins +issued under this Act at a reasonable discount. + (c) Prepaid Orders.-- + (1) In general.--The Secretary shall accept prepaid orders + for the coins minted under this Act before the issuance of such + coins. + (2) Discount.--Sale prices with respect to prepaid orders + under paragraph (1) shall be at a reasonable discount. + +SEC. 7. SURCHARGES. + + (a) In General.--All sales of coins issued under this Act shall +include a surcharge of-- + (1) $35 per coin for the $5 coin; + (2) $10 per coin for the $1 coin; and + (3) $5 per coin for the half-dollar coin. + (b) Distribution.--Subject to section 5134(f)(1) of title 31, +United States Code, all surcharges received by the Secretary from the +sale of coins issued under this Act shall be promptly paid by the +Secretary to the National Law Enforcement Officers Memorial Fund, Inc., +for educational and outreach programs and exhibits. + (c) Audits.--The National Law Enforcement Officers Memorial Fund, +Inc., shall be subject to the audit requirements of section 5134(f)(2) +of title 31, United States Code, with regard to the amounts received +under subsection (b). + (d) Limitation.--Notwithstanding subsection (a), no surcharge may +be included with respect to the issuance under this Act of any coin +during a calendar year if, as of the time of such issuance, the +issuance of such coin would result in the number of commemorative coin +programs issued during such year to exceed the annual 2 commemorative +coin program issuance limitation under section 5112(m)(1) of title 31, +United States Code (as in effect on the date of the enactment of this +Act). The Secretary of the Treasury may issue guidance to carry out +this subsection. + \ No newline at end of file From d2e5855b9543e9584d22a1e37be88b8319f7ae3b Mon Sep 17 00:00:00 2001 From: "Rep. Pascrell, Bill, Jr. [D-NJ-9]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 199/984] House-1865: Engrossed in House --- bills_text/House-1865.txt | 81 ++++++++++++++++----------------------- 1 file changed, 33 insertions(+), 48 deletions(-) diff --git a/bills_text/House-1865.txt b/bills_text/House-1865.txt index 9ffeac7..328487e 100644 --- a/bills_text/House-1865.txt +++ b/bills_text/House-1865.txt @@ -2,51 +2,9 @@ 1st Session H. R. 1865 - To require the Secretary of the Treasury to mint a coin in -commemoration of the opening of the National Law Enforcement Museum in - the District of Columbia, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 25, 2019 - - Mr. Pascrell (for himself, Mr. Rutherford, Mr. Pallone, Mr. Ryan, Mr. - O'Halleran, Mr. Brendan F. Boyle of Pennsylvania, Ms. Norton, Mr. -Kilmer, Ms. Sewell of Alabama, Mr. Swalwell of California, Mr. King of -New York, Mr. Norman, Mr. Carson of Indiana, Mr. Cook, Mr. Lamborn, Mr. -Bacon, Mr. Sires, Mr. Lynch, Mr. Sean Patrick Maloney of New York, Mr. -Suozzi, Mr. Olson, Mr. Higgins of New York, Mr. Norcross, Mr. Lipinski, -Mr. Kinzinger, Mr. Fitzpatrick, Mr. Grijalva, Mr. Johnson of Ohio, Mrs. - Demings, Mr. Takano, Mr. Costa, Mr. Garamendi, Mrs. Torres of - California, Mr. Emmer, Mr. Gaetz, Ms. Stefanik, Mr. Collins of New -York, Mr. Smith of New Jersey, Mr. Katko, Mr. Rodney Davis of Illinois, -Mr. Hice of Georgia, Mr. McNerney, Mr. Mitchell, Mrs. Lowey, Ms. Kuster - of New Hampshire, Mrs. Murphy, Mr. Hunter, Mr. Cohen, Mr. Kind, Mr. - Engel, Mrs. Bustos, Mr. Carbajal, Mr. Newhouse, Mr. Bost, Mr. Peters, -Mr. Vela, Mr. Gianforte, Mr. Young, Mr. Kildee, Mr. Gibbs, Mr. Joyce of - Ohio, Mr. Moolenaar, Mr. Calvert, Mr. Thompson of California, Miss - Gonzalez-Colon of Puerto Rico, Mr. Perlmutter, Mr. Gonzalez of Texas, - Mr. Kelly of Pennsylvania, Mr. McGovern, Mr. Foster, Mr. Himes, Mr. - Yoho, Mr. Ruiz, Mr. Weber of Texas, Mr. Thompson of Mississippi, Mr. -Welch, Mr. Bera, Mr. Mooney of West Virginia, Mr. Comer, Mr. Espaillat, - Ms. DeLauro, Mr. Posey, Mr. Latta, Mr. Cole, Mr. Zeldin, Mr. Quigley, - Mr. Soto, Mr. Stewart, Mr. Mast, Mr. McEachin, Mr. Yarmuth, Mr. - Guthrie, Ms. Pingree, Mr. Sablan, Miss Rice of New York, Ms. Matsui, - Mr. Lawson of Florida, Mr. Smith of Missouri, Mr. Nunes, Mrs. Watson - Coleman, Ms. Judy Chu of California, Ms. Eshoo, Mr. Van Drew, Mr. San - Nicolas, Mrs. Kirkpatrick, Ms. Hill of California, Mrs. Axne, Mr. - Spano, Mr. Guest, Mr. Cisneros, Mr. Brindisi, Ms. Torres Small of New - Mexico, Mrs. Miller, and Mr. Harder of California) introduced the - following bill; which was referred to the Committee on Financial - Services - -_______________________________________________________________________ - - A BILL + AN ACT @@ -149,9 +107,9 @@ SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. - (b) Mint Facilities.--Only 1 facility of the United States Mint may -be used to strike any particular quality of the coins minted under this -Act. + (b) Mint Facilities.--Only one facility of the United States Mint +may be used to strike any particular quality of the coins minted under +this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2021. @@ -195,9 +153,36 @@ under subsection (b). be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin -programs issued during such year to exceed the annual 2 commemorative +programs issued during such year to exceed the annual two commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. - \ No newline at end of file + +SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives October 28, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1865 + +_______________________________________________________________________ + + AN ACT + + To require the Secretary of the Treasury to mint a coin in +commemoration of the opening of the National Law Enforcement Museum in + the District of Columbia, and for other purposes. From 2d1efd4508b1f2752bb541d666b3d9e4cdbea99e Mon Sep 17 00:00:00 2001 From: "Rep. Pascrell, Bill, Jr. [D-NJ-9]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 200/984] House-1865: Received in Senate --- bills_text/House-1865.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-1865.txt b/bills_text/House-1865.txt index 328487e..a434e7e 100644 --- a/bills_text/House-1865.txt +++ b/bills_text/House-1865.txt @@ -2,6 +2,16 @@ 1st Session H. R. 1865 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 29, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -172,17 +182,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1865 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To require the Secretary of the Treasury to mint a coin in -commemoration of the opening of the National Law Enforcement Museum in - the District of Columbia, and for other purposes. + Clerk. From c77e3d185375aea15878d777e9d75ef96cbd4a57 Mon Sep 17 00:00:00 2001 From: "Rep. Pascrell, Bill, Jr. [D-NJ-9]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 201/984] House-1865: Enrolled --- bills_text/House-1865.txt | 38822 +++++++++++++++++++++++++++++++++++- 1 file changed, 38671 insertions(+), 151 deletions(-) diff --git a/bills_text/House-1865.txt b/bills_text/House-1865.txt index a434e7e..7f09167 100644 --- a/bills_text/House-1865.txt +++ b/bills_text/House-1865.txt @@ -1,187 +1,38707 @@ -116th CONGRESS - 1st Session - H. R. 1865 + H.R.1865 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - October 29, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act - To require the Secretary of the Treasury to mint a coin in -commemoration of the opening of the National Law Enforcement Museum in - the District of Columbia, and for other purposes. + Making further consolidated appropriations for the fiscal year ending + September 30, 2020, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, +SECTION 1. SHORT TITLE. + This Act may be cited as the ``Further Consolidated Appropriations +Act, 2020''. +SEC. 2. TABLE OF CONTENTS. + +Sec. 1. Short title. +Sec. 2. Table of contents. +Sec. 3. References. +Sec. 4. Explanatory statement. +Sec. 5. Statement of appropriations. +Sec. 6. Availability of funds. +Sec. 7. Adjustments to compensation. +Sec. 8 Office of Management and Budget Reporting Requirements. + + DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND + EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 + +Title I--Department of Labor +Title II--Department of Health and Human Services +Title III--Department of Education +Title IV--Related Agencies +Title V--General Provisions + + DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG + ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 + +Title I--Agricultural Programs +Title II--Farm Production and Conservation Programs +Title III--Rural Development Programs +Title IV--Domestic Food Programs +Title V--Foreign Assistance and Related Programs +Title VI--Related Agencies and Food and Drug Administration +Title VII--General Provisions + + DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES + APPROPRIATIONS ACT, 2020 + +Title I--Corps of Engineers--Civil +Title II--Department of the Interior +Title III--Department of Energy +Title IV--Independent Agencies +Title V--General Provisions + + DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED + AGENCIES APPROPRIATIONS ACT, 2020 + +Title I--Department of the Interior +Title II--Environmental Protection Agency +Title III--Related Agencies +Title IV--General Provisions + + DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020 + +Title I--Legislative Branch +Title II--General Provisions + + DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED + AGENCIES APPROPRIATIONS ACT, 2020 + +Title I--Department of Defense +Title II--Department of Veterans Affairs +Title III--Related Agencies +Title IV--Overseas Contingency Operations +Title V--Natural Disaster Relief +Title VI--General Provisions + + DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED + PROGRAMS APPROPRIATIONS ACT, 2020 + +Title I--Department of State and Related Agency +Title II--United States Agency for International Development +Title III--Bilateral Economic Assistance +Title IV--International Security Assistance +Title V--Multilateral Assistance +Title VI--Export and Investment Assistance +Title VII--General Provisions + + DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED + AGENCIES APPROPRIATIONS ACT, 2020 + +Title I--Department of Transportation +Title II--Department of Housing and Urban Development +Title III--Related Agencies +Title IV--General Provisions--This Act + + DIVISION I--EXTENSIONS + +Title I--Immigration Extensions +Title II--National Flood Insurance Program Extension +Title III--Secure Rural Schools and Community Self-Determination + Extension +Title IV--Export-Import Bank Extension +Title V--Terrorism Risk Insurance Program Extension +Title VI--NASA Enhanced Use Leasing Extension +Title VII--INKSNA Extension +Title VIII--Brand USA Extension +Title IX--DC Opportunity Scholarship Extensions +Title X--Budgetary Effects + + DIVISION J--FOREIGN POLICY + + DIVISION K--NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN + + DIVISION L--DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS + + DIVISION M--BIPARTISAN AMERICAN MINERS + + DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS + + DIVISION O--SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT + + DIVISION P--OTHER MATTER + +Title I--Platte River Recovery Implementation Program +Title II--Great Lakes +Title III--Morris K. Udall and Stewart L. Udall Foundation +Title IV--White Horse Hill National Game Preserve +Title V--Pittman-Robertson Fund +Title VI--John F. Kennedy Center +Title VII--Preserving America's Battlefields +Title VIII--Veterans Affairs Report on Disability Compensation and the + Positive Association With Exposure to an Herbicide Agent +Title IX--Disaster Recovery Workforce +Title X--Television Viewer Protection +Title XI--Eligibility to Receive Signals Under a Distant-Signal + Satellite License +Title XII--Groundfish Trawl Fishery +Title XIII--Temporary Relief from Certain ERISA Requirements +Title XIV--Library of Congress Technical Corrections +Title XV--Senate Entities +Title XVI--Legislative Branch Inspectors General Independence +Title XVII--Managing Political Fund Activity +Title XVIII--Kentucky Wildlands National Heritage Area Study +Title XIX--International Bank for Reconstruction and Development +Title XX--European Energy Security and Diversification Act of 2019 + + DIVISION Q--REVENUE PROVISIONS + +SEC. 3. REFERENCES. + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. +SEC. 4. EXPLANATORY STATEMENT. + The explanatory statement regarding this Act, printed in the House +section of the Congressional Record on or about December 17, 2019, and +submitted by the Chairwoman of the Committee on Appropriations of the +House, shall have the same effect with respect to the allocation of +funds and implementation of divisions A through H of this Act as if it +were a joint explanatory statement of a committee of conference. +SEC. 5. STATEMENT OF APPROPRIATIONS. + The following sums in this Act are appropriated, out of any money +in the Treasury not otherwise appropriated, for the fiscal year ending +September 30, 2020. +SEC. 6. AVAILABILITY OF FUNDS. + (a) Each amount designated in this Act by the Congress as an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985 shall be +available (or rescinded, if applicable) only if the President +subsequently so designates all such amounts and transmits such +designations to the Congress. + (b) Each amount designated in this Act by the Congress for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985 shall be available (or rescinded, if applicable) only if +the President subsequently so designates all such amounts and transmits +such designations to the Congress. +SEC. 7. ADJUSTMENTS TO COMPENSATION. + Notwithstanding any other provision of law, no adjustment shall be +made under section 601(a) of the Legislative Reorganization Act of 1946 +(2 U.S.C. 4501) (relating to cost of living adjustments for Members of +Congress) during fiscal year 2020. +SEC. 8. OFFICE OF MANAGEMENT AND BUDGET REPORTING REQUIREMENTS. + (a) As of the date of enactment of this Act, section 150 of the +Continuing Appropriations Act, 2020 (division A of Public Law 116-59), +as added by the Further Continuing Appropriations Act, 2020 (division A +of Public Law 116-69), shall no longer have any force or effect. + (b) Notwithstanding the ``7 calendar days'' requirement in section +251(a)(7)(B) of the Balanced Budget and Emergency Deficit Control Act +of 1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations Act for fiscal +year 2020 enacted before January 1, 2020, the Office of Management and +Budget shall transmit to the Congress its report under that section +estimating the discretionary budgetary effects of such Acts not later +than January 15, 2020. + + DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND + EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 + + TITLE I + + DEPARTMENT OF LABOR + + Employment and Training Administration + + training and employment services + + For necessary expenses of the Workforce Innovation and Opportunity +Act (referred to in this Act as ``WIOA'') and the National +Apprenticeship Act, $3,611,200,000, plus reimbursements, shall be +available. Of the amounts provided: + (1) for grants to States for adult employment and training + activities, youth activities, and dislocated worker employment and + training activities, $2,819,832,000 as follows: + (A) $854,649,000 for adult employment and training + activities, of which $142,649,000 shall be available for the + period July 1, 2020 through June 30, 2021, and of which + $712,000,000 shall be available for the period October 1, 2020 + through June 30, 2021; + (B) $913,130,000 for youth activities, which shall be + available for the period April 1, 2020 through June 30, 2021; + and + (C) $1,052,053,000 for dislocated worker employment and + training activities, of which $192,053,000 shall be available + for the period July 1, 2020 through June 30, 2021, and of which + $860,000,000 shall be available for the period October 1, 2020 + through June 30, 2021: + Provided, That the funds available for allotment to outlying + areas to carry out subtitle B of title I of the WIOA shall not be + subject to the requirements of section 127(b)(1)(B)(ii) of such + Act; and + (2) for national programs, $791,368,000 as follows: + (A) $270,859,000 for the dislocated workers assistance + national reserve, of which $70,859,000 shall be available for + the period July 1, 2020 through September 30, 2021, and of + which $200,000,000 shall be available for the period October 1, + 2020 through September 30, 2021: Provided, That funds provided + to carry out section 132(a)(2)(A) of the WIOA may be used to + provide assistance to a State for statewide or local use in + order to address cases where there have been worker + dislocations across multiple sectors or across multiple local + areas and such workers remain dislocated; coordinate the State + workforce development plan with emerging economic development + needs; and train such eligible dislocated workers: Provided + further, That funds provided to carry out sections 168(b) and + 169(c) of the WIOA may be used for technical assistance and + demonstration projects, respectively, that provide assistance + to new entrants in the workforce and incumbent workers: + Provided further, That notwithstanding section 168(b) of the + WIOA, of the funds provided under this subparagraph, the + Secretary of Labor (referred to in this title as ``Secretary'') + may reserve not more than 10 percent of such funds to provide + technical assistance and carry out additional activities + related to the transition to the WIOA: Provided further, That + of the funds provided under this subparagraph, $70,000,000 + shall be for training and employment assistance under sections + 168(b), 169(c) (notwithstanding the 10 percent limitation in + such section) and 170 of the WIOA as follows: + (i) $30,000,000 shall be for workers in the Appalachian + region, as defined by 40 U.S.C. 14102(a)(1) and workers in + the Lower Mississippi, as defined in section 4(2) of the + Delta Development Act (Public Law 100-460, 102 Stat. 2246; + 7 U.S.C. 2009aa(2)); + (ii) $40,000,000 shall be for the purpose of + developing, offering, or improving educational or career + training programs at community colleges, defined as public + institutions of higher education, as described in section + 101(a) of the Higher Education Act and at which the + associate's degree is primarily the highest degree awarded, + with other eligible institutions of higher education, as + defined in section 101(a) of the Higher Education Act, + eligible to participate through consortia, with community + colleges as the lead grantee: Provided, That the Secretary + shall follow the requirements for the program in House + Report 116-62: Provided further, That any grant funds used + for apprenticeships shall be used to support only + apprenticeship programs registered under the National + Apprenticeship Act and as referred to in section 3(7)(B) of + the Workforce Innovation and Opportunity Act; + (B) $55,000,000 for Native American programs under section + 166 of the WIOA, which shall be available for the period July + 1, 2020 through June 30, 2021; + (C) $91,896,000 for migrant and seasonal farmworker + programs under section 167 of the WIOA, including $85,229,000 + for formula grants (of which not less than 70 percent shall be + for employment and training services), $6,122,000 for migrant + and seasonal housing (of which not less than 70 percent shall + be for permanent housing), and $545,000 for other discretionary + purposes, which shall be available for the period April 1, 2020 + through June 30, 2021: Provided, That notwithstanding any + other provision of law or related regulation, the Department of + Labor shall take no action limiting the number or proportion of + eligible participants receiving related assistance services or + discouraging grantees from providing such services; + (D) $94,534,000 for YouthBuild activities as described in + section 171 of the WIOA, which shall be available for the + period April 1, 2020 through June 30, 2021; + (E) $98,079,000 for ex-offender activities, under the + authority of section 169 of the WIOA, which shall be available + for the period April 1, 2020 through June 30, 2021: Provided, + That of this amount, $25,000,000 shall be for competitive + grants to national and regional intermediaries for activities + that prepare young ex-offenders and school dropouts for + employment, with a priority for projects serving high-crime, + high-poverty areas; + (F) $6,000,000 for the Workforce Data Quality Initiative, + under the authority of section 169 of the WIOA, which shall be + available for the period July 1, 2020 through June 30, 2021; + and + (G) $175,000,000 to expand opportunities through + apprenticeships only registered under the National + Apprenticeship Act and as referred to in section 3(7)(B) of the + WIOA, to be available to the Secretary to carry out activities + through grants, cooperative agreements, contracts and other + arrangements, with States and other appropriate entities, which + shall be available for the period July 1, 2020 through June 30, + 2021. + + job corps + + (including transfer of funds) + + To carry out subtitle C of title I of the WIOA, including Federal +administrative expenses, the purchase and hire of passenger motor +vehicles, the construction, alteration, and repairs of buildings and +other facilities, and the purchase of real property for training +centers as authorized by the WIOA, $1,743,655,000, plus reimbursements, +as follows: + (1) $1,603,325,000 for Job Corps Operations, which shall be + available for the period July 1, 2020 through June 30, 2021; + (2) $108,000,000 for construction, rehabilitation and + acquisition of Job Corps Centers, which shall be available for the + period July 1, 2020 through June 30, 2023, and which may include + the acquisition, maintenance, and repair of major items of + equipment: Provided, That the Secretary may transfer up to 15 + percent of such funds to meet the operational needs of such centers + or to achieve administrative efficiencies: Provided further, That + any funds transferred pursuant to the preceding provision shall not + be available for obligation after June 30, 2021: Provided further, + That the Committees on Appropriations of the House of + Representatives and the Senate are notified at least 15 days in + advance of any transfer; and + (3) $32,330,000 for necessary expenses of Job Corps, which + shall be available for obligation for the period October 1, 2019 + through September 30, 2020: + Provided, That no funds from any other appropriation shall be used to +provide meal services at or for Job Corps centers. + + community service employment for older americans + + To carry out title V of the Older Americans Act of 1965 (referred +to in this Act as ``OAA''), $405,000,000, which shall be available for +the period April 1, 2020 through June 30, 2021, and may be recaptured +and reobligated in accordance with section 517(c) of the OAA. + + federal unemployment benefits and allowances + + For payments during fiscal year 2020 of trade adjustment benefit +payments and allowances under part I of subchapter B of chapter 2 of +title II of the Trade Act of 1974, and section 246 of that Act; and for +training, employment and case management services, allowances for job +search and relocation, and related State administrative expenses under +part II of subchapter B of chapter 2 of title II of the Trade Act of +1974, and including benefit payments, allowances, training, employment +and case management services, and related State administration provided +pursuant to section 231(a) of the Trade Adjustment Assistance Extension +Act of 2011 and section 405(a) of the Trade Preferences Extension Act +of 2015, $680,000,000 together with such amounts as may be necessary to +be charged to the subsequent appropriation for payments for any period +subsequent to September 15, 2020: Provided, That notwithstanding +section 502 of this Act, any part of the appropriation provided under +this heading may remain available for obligation beyond the current +fiscal year pursuant to the authorities of section 245(c) of the Trade +Act of 1974 (19 U.S.C. 2317(c)). + + state unemployment insurance and employment service operations + + For authorized administrative expenses, $84,066,000, together with +not to exceed $3,290,583,000 which may be expended from the Employment +Security Administration Account in the Unemployment Trust Fund (``the +Trust Fund''), of which: + (1) $2,540,816,000 from the Trust Fund is for grants to States + for the administration of State unemployment insurance laws as + authorized under title III of the Social Security Act (including + not less than $175,000,000 to carry out reemployment services and + eligibility assessments under section 306 of such Act, any + claimants of regular compensation, as defined in such section, + including those who are profiled as most likely to exhaust their + benefits, may be eligible for such services and assessments: + Provided, That of such amount, $117,000,000 is specified for grants + under section 306 of the Social Security Act and is provided to + meet the terms of section 251(b)(2)(E)(ii) of the Balanced Budget + and Emergency Deficit Control Act of 1985, as amended, and + $58,000,000 is additional new budget authority specified for + purposes of section 251(b)(2)(E)(i)(II) of such Act; and $9,000,000 + for continued support of the Unemployment Insurance Integrity + Center of Excellence), the administration of unemployment insurance + for Federal employees and for ex-service members as authorized + under 5 U.S.C. 8501-8523, and the administration of trade + readjustment allowances, reemployment trade adjustment assistance, + and alternative trade adjustment assistance under the Trade Act of + 1974 and under section 231(a) of the Trade Adjustment Assistance + Extension Act of 2011 and section 405(a) of the Trade Preferences + Extension Act of 2015, and shall be available for obligation by the + States through December 31, 2020, except that funds used for + automation shall be available for Federal obligation through + December 31, 2020, and for State obligation through September 30, + 2022, or, if the automation is being carried out through consortia + of States, for State obligation through September 30, 2026, and for + expenditure through September 30, 2027, and funds for competitive + grants awarded to States for improved operations and to conduct in- + person reemployment and eligibility assessments and unemployment + insurance improper payment reviews and provide reemployment + services and referrals to training, as appropriate, shall be + available for Federal obligation through December 31, 2020, and for + obligation by the States through September 30, 2022, and funds for + the Unemployment Insurance Integrity Center of Excellence shall be + available for obligation by the State through September 30, 2021, + and funds used for unemployment insurance workloads experienced + through September 30, 2020 shall be available for Federal + obligation through December 31, 2020; + (2) $12,000,000 from the Trust Fund is for national activities + necessary to support the administration of the Federal-State + unemployment insurance system; + (3) $646,639,000 from the Trust Fund, together with $21,413,000 + from the General Fund of the Treasury, is for grants to States in + accordance with section 6 of the Wagner-Peyser Act, and shall be + available for Federal obligation for the period July 1, 2020 + through June 30, 2021; + (4) $22,318,000 from the Trust Fund is for national activities + of the Employment Service, including administration of the work + opportunity tax credit under section 51 of the Internal Revenue + Code of 1986, and the provision of technical assistance and staff + training under the Wagner-Peyser Act; + (5) $68,810,000 from the Trust Fund is for the administration + of foreign labor certifications and related activities under the + Immigration and Nationality Act and related laws, of which + $54,528,000 shall be available for the Federal administration of + such activities, and $14,282,000 shall be available for grants to + States for the administration of such activities; and + (6) $62,653,000 from the General Fund is to provide workforce + information, national electronic tools, and one-stop system + building under the Wagner-Peyser Act and shall be available for + Federal obligation for the period July 1, 2020 through June 30, + 2021: + Provided, That to the extent that the Average Weekly Insured +Unemployment (``AWIU'') for fiscal year 2020 is projected by the +Department of Labor to exceed 1,706,000, an additional $28,600,000 from +the Trust Fund shall be available for obligation for every 100,000 +increase in the AWIU level (including a pro rata amount for any +increment less than 100,000) to carry out title III of the Social +Security Act: Provided further, That funds appropriated in this Act +that are allotted to a State to carry out activities under title III of +the Social Security Act may be used by such State to assist other +States in carrying out activities under such title III if the other +States include areas that have suffered a major disaster declared by +the President under the Robert T. Stafford Disaster Relief and +Emergency Assistance Act: Provided further, That the Secretary may use +funds appropriated for grants to States under title III of the Social +Security Act to make payments on behalf of States for the use of the +National Directory of New Hires under section 453(j)(8) of such Act: +Provided further, That the Secretary may use funds appropriated for +grants to States under title III of the Social Security Act to make +payments on behalf of States to the entity operating the State +Information Data Exchange System: Provided further, That funds +appropriated in this Act which are used to establish a national one- +stop career center system, or which are used to support the national +activities of the Federal-State unemployment insurance, employment +service, or immigration programs, may be obligated in contracts, +grants, or agreements with States and non-State entities: Provided +further, That States awarded competitive grants for improved operations +under title III of the Social Security Act, or awarded grants to +support the national activities of the Federal-State unemployment +insurance system, may award subgrants to other States and non-State +entities under such grants, subject to the conditions applicable to the +grants: Provided further, That funds appropriated under this Act for +activities authorized under title III of the Social Security Act and +the Wagner-Peyser Act may be used by States to fund integrated +Unemployment Insurance and Employment Service automation efforts, +notwithstanding cost allocation principles prescribed under the final +rule entitled ``Uniform Administrative Requirements, Cost Principles, +and Audit Requirements for Federal Awards'' at part 200 of title 2, +Code of Federal Regulations: Provided further, That the Secretary, at +the request of a State participating in a consortium with other States, +may reallot funds allotted to such State under title III of the Social +Security Act to other States participating in the consortium or to the +entity operating the Unemployment Insurance Information Technology +Support Center in order to carry out activities that benefit the +administration of the unemployment compensation law of the State making +the request: Provided further, That the Secretary may collect fees for +the costs associated with additional data collection, analyses, and +reporting services relating to the National Agricultural Workers Survey +requested by State and local governments, public and private +institutions of higher education, and nonprofit organizations and may +utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, +for the National Agricultural Workers Survey infrastructure, +methodology, and data to meet the information collection and reporting +needs of such entities, which shall be credited to this appropriation +and shall remain available until September 30, 2021, for such purposes. + + advances to the unemployment trust fund and other funds + + For repayable advances to the Unemployment Trust Fund as authorized +by sections 905(d) and 1203 of the Social Security Act, and to the +Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of +the Internal Revenue Code of 1986; and for nonrepayable advances to the +revolving fund established by section 901(e) of the Social Security +Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and +to the ``Federal Unemployment Benefits and Allowances'' account, such +sums as may be necessary, which shall be available for obligation +through September 30, 2021. + + program administration + + For expenses of administering employment and training programs, +$108,674,000, together with not to exceed $49,982,000 which may be +expended from the Employment Security Administration Account in the +Unemployment Trust Fund. + + Employee Benefits Security Administration + + salaries and expenses + + For necessary expenses for the Employee Benefits Security +Administration, $181,000,000, of which up to $3,000,000 shall be made +available through September 30, 2021, for the procurement of expert +witnesses for enforcement litigation. + + Pension Benefit Guaranty Corporation + + pension benefit guaranty corporation fund + + The Pension Benefit Guaranty Corporation (``Corporation'') is +authorized to make such expenditures, including financial assistance +authorized by subtitle E of title IV of the Employee Retirement Income +Security Act of 1974, within limits of funds and borrowing authority +available to the Corporation, and in accord with law, and to make such +contracts and commitments without regard to fiscal year limitations, as +provided by 31 U.S.C. 9104, as may be necessary in carrying out the +program, including associated administrative expenses, through +September 30, 2020, for the Corporation: Provided, That none of the +funds available to the Corporation for fiscal year 2020 shall be +available for obligations for administrative expenses in excess of +$452,858,000: Provided further, That to the extent that the number of +new plan participants in plans terminated by the Corporation exceeds +100,000 in fiscal year 2020, an amount not to exceed an additional +$9,200,000 shall be available through September 30, 2024, for +obligations for administrative expenses for every 20,000 additional +terminated participants: Provided further, That obligations in excess +of the amounts provided for administrative expenses in this paragraph +may be incurred and shall be available through September 30, 2024 for +obligation for unforeseen and extraordinary pre-termination or +termination expenses or extraordinary multiemployer program related +expenses after approval by the Office of Management and Budget and +notification of the Committees on Appropriations of the House of +Representatives and the Senate: Provided further, That an additional +amount shall be available for obligation through September 30, 2024 to +the extent the Corporation's costs exceed $250,000 for the provision of +credit or identity monitoring to affected individuals upon suffering a +security incident or privacy breach, not to exceed an additional $100 +per affected individual. + + Wage and Hour Division + + salaries and expenses + + For necessary expenses for the Wage and Hour Division, including +reimbursement to State, Federal, and local agencies and their employees +for inspection services rendered, $242,000,000. + + Office of Labor-Management Standards + + salaries and expenses + + For necessary expenses for the Office of Labor-Management +Standards, $43,187,000. + + Office of Federal Contract Compliance Programs + + salaries and expenses + + For necessary expenses for the Office of Federal Contract +Compliance Programs, $105,976,000. + + Office of Workers' Compensation Programs + + salaries and expenses + + For necessary expenses for the Office of Workers' Compensation +Programs, $115,424,000, together with $2,177,000 which may be expended +from the Special Fund in accordance with sections 39(c), 44(d), and +44(j) of the Longshore and Harbor Workers' Compensation Act. + + special benefits + + (including transfer of funds) + + For the payment of compensation, benefits, and expenses (except +administrative expenses) accruing during the current or any prior +fiscal year authorized by 5 U.S.C. 81; continuation of benefits as +provided for under the heading ``Civilian War Benefits'' in the Federal +Security Agency Appropriation Act, 1947; the Employees' Compensation +Commission Appropriation Act, 1944; section 5(f) of the War Claims Act +(50 U.S.C. App. 2012); obligations incurred under the War Hazards +Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the +additional compensation and benefits required by section 10(h) of the +Longshore and Harbor Workers' Compensation Act, $234,600,000, together +with such amounts as may be necessary to be charged to the subsequent +year appropriation for the payment of compensation and other benefits +for any period subsequent to August 15 of the current year, for deposit +into and to assume the attributes of the Employees' Compensation Fund +established under 5 U.S.C. 8147(a): Provided, That amounts +appropriated may be used under 5 U.S.C. 8104 by the Secretary to +reimburse an employer, who is not the employer at the time of injury, +for portions of the salary of a re-employed, disabled beneficiary: +Provided further, That balances of reimbursements unobligated on +September 30, 2019, shall remain available until expended for the +payment of compensation, benefits, and expenses: Provided further, +That in addition there shall be transferred to this appropriation from +the Postal Service and from any other corporation or instrumentality +required under 5 U.S.C. 8147(c) to pay an amount for its fair share of +the cost of administration, such sums as the Secretary determines to be +the cost of administration for employees of such fair share entities +through September 30, 2020: Provided further, That of those funds +transferred to this account from the fair share entities to pay the +cost of administration of the Federal Employees' Compensation Act, +$74,777,000 shall be made available to the Secretary as follows: + (1) For enhancement and maintenance of automated data + processing systems operations and telecommunications systems, + $24,540,000; + (2) For automated workload processing operations, including + document imaging, centralized mail intake, and medical bill + processing, $22,968,000; + (3) For periodic roll disability management and medical review, + $25,535,000; + (4) For program integrity, $1,734,000; and + (5) The remaining funds shall be paid into the Treasury as + miscellaneous receipts: + Provided further, That the Secretary may require that any person +filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or +the Longshore and Harbor Workers' Compensation Act, provide as part of +such notice and claim, such identifying information (including Social +Security account number) as such regulations may prescribe. + + special benefits for disabled coal miners + + For carrying out title IV of the Federal Mine Safety and Health Act +of 1977, as amended by Public Law 107-275, $20,970,000, to remain +available until expended. + For making after July 31 of the current fiscal year, benefit +payments to individuals under title IV of such Act, for costs incurred +in the current fiscal year, such amounts as may be necessary. + For making benefit payments under title IV for the first quarter of +fiscal year 2021, $14,000,000, to remain available until expended. + + administrative expenses, energy employees occupational illness + compensation fund + + For necessary expenses to administer the Energy Employees +Occupational Illness Compensation Program Act, $59,846,000, to remain +available until expended: Provided, That the Secretary may require +that any person filing a claim for benefits under the Act provide as +part of such claim such identifying information (including Social +Security account number) as may be prescribed. + + black lung disability trust fund + + (including transfer of funds) + + Such sums as may be necessary from the Black Lung Disability Trust +Fund (the ``Fund''), to remain available until expended, for payment of +all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the +Internal Revenue Code of 1986; and repayment of, and payment of +interest on advances, as authorized by section 9501(d)(4) of that Act. +In addition, the following amounts may be expended from the Fund for +fiscal year 2020 for expenses of operation and administration of the +Black Lung Benefits program, as authorized by section 9501(d)(5): not +to exceed $38,246,000 for transfer to the Office of Workers' +Compensation Programs, ``Salaries and Expenses''; not to exceed +$32,844,000 for transfer to Departmental Management, ``Salaries and +Expenses''; not to exceed $330,000 for transfer to Departmental +Management, ``Office of Inspector General''; and not to exceed $356,000 +for payments into miscellaneous receipts for the expenses of the +Department of the Treasury. + + Occupational Safety and Health Administration + + salaries and expenses + + For necessary expenses for the Occupational Safety and Health +Administration, $581,787,000, including not to exceed $108,575,000 +which shall be the maximum amount available for grants to States under +section 23(g) of the Occupational Safety and Health Act (the ``Act''), +which grants shall be no less than 50 percent of the costs of State +occupational safety and health programs required to be incurred under +plans approved by the Secretary under section 18 of the Act; and, in +addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and +Health Administration may retain up to $499,000 per fiscal year of +training institute course tuition and fees, otherwise authorized by law +to be collected, and may utilize such sums for occupational safety and +health training and education: Provided, That notwithstanding 31 +U.S.C. 3302, the Secretary is authorized, during the fiscal year ending +September 30, 2020, to collect and retain fees for services provided to +Nationally Recognized Testing Laboratories, and may utilize such sums, +in accordance with the provisions of 29 U.S.C. 9a, to administer +national and international laboratory recognition programs that ensure +the safety of equipment and products used by workers in the workplace: +Provided further, That none of the funds appropriated under this +paragraph shall be obligated or expended to prescribe, issue, +administer, or enforce any standard, rule, regulation, or order under +the Act which is applicable to any person who is engaged in a farming +operation which does not maintain a temporary labor camp and employs 10 +or fewer employees: Provided further, That no funds appropriated under +this paragraph shall be obligated or expended to administer or enforce +any standard, rule, regulation, or order under the Act with respect to +any employer of 10 or fewer employees who is included within a category +having a Days Away, Restricted, or Transferred (``DART'') occupational +injury and illness rate, at the most precise industrial classification +code for which such data are published, less than the national average +rate as such rates are most recently published by the Secretary, acting +through the Bureau of Labor Statistics, in accordance with section 24 +of the Act, except-- + (1) to provide, as authorized by the Act, consultation, + technical assistance, educational and training services, and to + conduct surveys and studies; + (2) to conduct an inspection or investigation in response to an + employee complaint, to issue a citation for violations found during + such inspection, and to assess a penalty for violations which are + not corrected within a reasonable abatement period and for any + willful violations found; + (3) to take any action authorized by the Act with respect to + imminent dangers; + (4) to take any action authorized by the Act with respect to + health hazards; + (5) to take any action authorized by the Act with respect to a + report of an employment accident which is fatal to one or more + employees or which results in hospitalization of two or more + employees, and to take any action pursuant to such investigation + authorized by the Act; and + (6) to take any action authorized by the Act with respect to + complaints of discrimination against employees for exercising + rights under the Act: + Provided further, That the foregoing proviso shall not apply to any +person who is engaged in a farming operation which does not maintain a +temporary labor camp and employs 10 or fewer employees: Provided +further, That $11,537,000 shall be available for Susan Harwood training +grants, of which not less than $4,500,000 is for Susan Harwood Training +Capacity Building Developmental grants, as described in Funding +Opportunity Number SHTG-FY-16-02 (referenced in the notice of +availability of funds published in the Federal Register on May 3, 2016 +(81 Fed. Reg. 30568)) for program activities starting not later than +September 30, 2020 and lasting for a period of 12 months: Provided +further, That not less than $3,500,000 shall be for Voluntary +Protection Programs. + + Mine Safety and Health Administration + + salaries and expenses + + For necessary expenses for the Mine Safety and Health +Administration, $379,816,000, including purchase and bestowal of +certificates and trophies in connection with mine rescue and first-aid +work, and the hire of passenger motor vehicles, including up to +$2,000,000 for mine rescue and recovery activities and not less than +$10,537,000 for State assistance grants: Provided, That +notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected +by the National Mine Health and Safety Academy for room, board, +tuition, and the sale of training materials, otherwise authorized by +law to be collected, to be available for mine safety and health +education and training activities: Provided further, That +notwithstanding 31 U.S.C. 3302, the Mine Safety and Health +Administration is authorized to collect and retain up to $2,499,000 +from fees collected for the approval and certification of equipment, +materials, and explosives for use in mines, and may utilize such sums +for such activities: Provided further, That the Secretary is +authorized to accept lands, buildings, equipment, and other +contributions from public and private sources and to prosecute projects +in cooperation with other agencies, Federal, State, or private: +Provided further, That the Mine Safety and Health Administration is +authorized to promote health and safety education and training in the +mining community through cooperative programs with States, industry, +and safety associations: Provided further, That the Secretary is +authorized to recognize the Joseph A. Holmes Safety Association as a +principal safety association and, notwithstanding any other provision +of law, may provide funds and, with or without reimbursement, +personnel, including service of Mine Safety and Health Administration +officials as officers in local chapters or in the national +organization: Provided further, That any funds available to the +Department of Labor may be used, with the approval of the Secretary, to +provide for the costs of mine rescue and survival operations in the +event of a major disaster. + + Bureau of Labor Statistics + + salaries and expenses + + For necessary expenses for the Bureau of Labor Statistics, +including advances or reimbursements to State, Federal, and local +agencies and their employees for services rendered, $587,000,000, +together with not to exceed $68,000,000 which may be expended from the +Employment Security Administration account in the Unemployment Trust +Fund. + Within this amount, $27,000,000 to remain available until September +30, 2024, for costs associated with the physical move of the Bureau of +Labor Statistics' headquarters, including replication of space, +furniture, fixtures, equipment, and related costs, as well as +relocation of the data center to a shared facility. + + Office of Disability Employment Policy + + salaries and expenses + + For necessary expenses for the Office of Disability Employment +Policy to provide leadership, develop policy and initiatives, and award +grants furthering the objective of eliminating barriers to the training +and employment of people with disabilities, $38,500,000. + + Departmental Management + + salaries and expenses + + (including transfer of funds) + + For necessary expenses for Departmental Management, including the +hire of three passenger motor vehicles, $348,056,000, together with not +to exceed $308,000, which may be expended from the Employment Security +Administration account in the Unemployment Trust Fund: Provided, That +$67,325,000 for the Bureau of International Labor Affairs shall be +available for obligation through December 31, 2020: Provided further, +That funds available to the Bureau of International Labor Affairs may +be used to administer or operate international labor activities, +bilateral and multilateral technical assistance, and microfinance +programs, by or through contracts, grants, subgrants and other +arrangements: Provided further, That not more than $53,825,000 shall +be for programs to combat exploitative child labor internationally and +not less than $13,500,000 shall be used to implement model programs +that address worker rights issues through technical assistance in +countries with which the United States has free trade agreements or +trade preference programs: Provided further, That $8,040,000 shall be +used for program evaluation and shall be available for obligation +through September 30, 2021: Provided further, That funds available for +program evaluation may be used to administer grants for the purpose of +evaluation: Provided further, That grants made for the purpose of +evaluation shall be awarded through fair and open competition: +Provided further, That funds available for program evaluation may be +transferred to any other appropriate account in the Department for such +purpose: Provided further, That the Committees on Appropriations of +the House of Representatives and the Senate are notified at least 15 +days in advance of any transfer: Provided further, That the funds +available to the Women's Bureau may be used for grants to serve and +promote the interests of women in the workforce: Provided further, +That of the amounts made available to the Women's Bureau, not less than +$1,294,000 shall be used for grants authorized by the Women in +Apprenticeship and Nontraditional Occupations Act. + + veterans employment and training + + Not to exceed $256,341,000 may be derived from the Employment +Security Administration account in the Unemployment Trust Fund to carry +out the provisions of chapters 41, 42, and 43 of title 38, United +States Code, of which: + (1) $180,000,000 is for Jobs for Veterans State grants under 38 + U.S.C. 4102A(b)(5) to support disabled veterans' outreach program + specialists under section 4103A of such title and local veterans' + employment representatives under section 4104(b) of such title, and + for the expenses described in section 4102A(b)(5)(C), which shall + be available for obligation by the States through December 31, + 2020, and not to exceed 3 percent for the necessary Federal + expenditures for data systems and contract support to allow for the + tracking of participant and performance information: Provided, + That, in addition, such funds may be used to support such + specialists and representatives in the provision of services to + transitioning members of the Armed Forces who have participated in + the Transition Assistance Program and have been identified as in + need of intensive services, to members of the Armed Forces who are + wounded, ill, or injured and receiving treatment in military + treatment facilities or warrior transition units, and to the + spouses or other family caregivers of such wounded, ill, or injured + members; + (2) $29,379,000 is for carrying out the Transition Assistance + Program under 38 U.S.C. 4113 and 10 U.S.C. 1144; + (3) $43,548,000 is for Federal administration of chapters 41, + 42, and 43 of title 38, and sections 2021, 2021A and 2023 of title + 38, United States Code: Provided, That, up to $500,000 may be used + to carry out the Hire VETS Act (division O of Public Law 115-31); + and + (4) $3,414,000 is for the National Veterans' Employment and + Training Services Institute under 38 U.S.C. 4109: + Provided, That the Secretary may reallocate among the appropriations +provided under paragraphs (1) through (4) above an amount not to exceed +3 percent of the appropriation from which such reallocation is made. + In addition, from the General Fund of the Treasury, $55,000,000 is +for carrying out programs to assist homeless veterans and veterans at +risk of homelessness who are transitioning from certain institutions +under sections 2021, 2021A, and 2023 of title 38, United States Code: +Provided, That notwithstanding subsections (c)(3) and (d) of section +2023, the Secretary may award grants through September 30, 2020, to +provide services under such section: Provided further, That services +provided under sections 2021 or under 2021A may include, in addition to +services to homeless veterans described in section 2002(a)(1), services +to veterans who were homeless at some point within the 60 days prior to +program entry or veterans who are at risk of homelessness within the +next 60 days, and that services provided under section 2023 may +include, in addition to services to the individuals described in +subsection (e) of such section, services to veterans recently released +from incarceration who are at risk of homelessness: Provided further, +That notwithstanding paragraph (3) under this heading, funds +appropriated in this paragraph may be used for data systems and +contract support to allow for the tracking of participant and +performance information: Provided further, That notwithstanding +sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, +such funds shall be available for expenditure pursuant to 31 U.S.C. +1553. + In addition, fees may be assessed and deposited in the HIRE Vets +Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and +such amounts shall be available to the Secretary to carry out the HIRE +Vets Medallion Award Program, as authorized by such Act, and shall +remain available until expended: Provided, That such sums shall be in +addition to any other funds available for such purposes, including +funds available under paragraph (3) of this heading: Provided further, +That section 2(d) of division O of the Consolidated Appropriations Act, +2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply. + + it modernization + + For necessary expenses for Department of Labor centralized +infrastructure technology investment activities related to support +systems and modernization, $25,269,000, which shall be available +through September 30, 2021. + + office of inspector general + + For salaries and expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$85,187,000, together with not to exceed $5,660,000 which may be +expended from the Employment Security Administration account in the +Unemployment Trust Fund. + + General Provisions + + Sec. 101. None of the funds appropriated by this Act for the Job +Corps shall be used to pay the salary and bonuses of an individual, +either as direct costs or any proration as an indirect cost, at a rate +in excess of Executive Level II. + + (transfer of funds) + + Sec. 102. Not to exceed 1 percent of any discretionary funds +(pursuant to the Balanced Budget and Emergency Deficit Control Act of +1985) which are appropriated for the current fiscal year for the +Department of Labor in this Act may be transferred between a program, +project, or activity, but no such program, project, or activity shall +be increased by more than 3 percent by any such transfer: Provided, +That the transfer authority granted by this section shall not be used +to create any new program or to fund any project or activity for which +no funds are provided in this Act: Provided further, That the +Committees on Appropriations of the House of Representatives and the +Senate are notified at least 15 days in advance of any transfer. + Sec. 103. In accordance with Executive Order 13126, none of the +funds appropriated or otherwise made available pursuant to this Act +shall be obligated or expended for the procurement of goods mined, +produced, manufactured, or harvested or services rendered, in whole or +in part, by forced or indentured child labor in industries and host +countries already identified by the United States Department of Labor +prior to enactment of this Act. + Sec. 104. Except as otherwise provided in this section, none of +the funds made available to the Department of Labor for grants under +section 414(c) of the American Competitiveness and Workforce +Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose +other than competitive grants for training individuals who are older +than 16 years of age and are not currently enrolled in school within a +local educational agency in the occupations and industries for which +employers are using H-1B visas to hire foreign workers, and the related +activities necessary to support such training. + Sec. 105. None of the funds made available by this Act under the +heading ``Employment and Training Administration'' shall be used by a +recipient or subrecipient of such funds to pay the salary and bonuses +of an individual, either as direct costs or indirect costs, at a rate +in excess of Executive Level II. This limitation shall not apply to +vendors providing goods and services as defined in Office of Management +and Budget Circular A-133. Where States are recipients of such funds, +States may establish a lower limit for salaries and bonuses of those +receiving salaries and bonuses from subrecipients of such funds, taking +into account factors including the relative cost-of-living in the +State, the compensation levels for comparable State or local government +employees, and the size of the organizations that administer Federal +programs involved including Employment and Training Administration +programs. + + (transfer of funds) + + Sec. 106. (a) Notwithstanding section 102, the Secretary may +transfer funds made available to the Employment and Training +Administration by this Act, either directly or through a set-aside, for +technical assistance services to grantees to ``Program Administration'' +when it is determined that those services will be more efficiently +performed by Federal employees: Provided, That this section shall not +apply to section 171 of the WIOA. + (b) Notwithstanding section 102, the Secretary may transfer not +more than 0.5 percent of each discretionary appropriation made +available to the Employment and Training Administration by this Act to +``Program Administration'' in order to carry out program integrity +activities relating to any of the programs or activities that are +funded under any such discretionary appropriations: Provided, That +notwithstanding section 102 and the preceding proviso, the Secretary +may transfer not more than 0.5 percent of funds made available in +paragraphs (1) and (2) of the ``Office of Job Corps'' account to +paragraph (3) of such account to carry out program integrity activities +related to the Job Corps program: Provided further, That funds +transferred under the authority provided by this subsection shall be +available for obligation through September 30, 2021. + + (transfer of funds) + + Sec. 107. (a) The Secretary may reserve not more than 0.75 percent +from each appropriation made available in this Act identified in +subsection (b) in order to carry out evaluations of any of the programs +or activities that are funded under such accounts. Any funds reserved +under this section shall be transferred to ``Departmental Management'' +for use by the Office of the Chief Evaluation Officer within the +Department of Labor, and shall be available for obligation through +September 30, 2021: Provided, That such funds shall only be available +if the Chief Evaluation Officer of the Department of Labor submits a +plan to the Committees on Appropriations of the House of +Representatives and the Senate describing the evaluations to be carried +out 15 days in advance of any transfer. + (b) The accounts referred to in subsection (a) are: ``Training and +Employment Services'', ``Job Corps'', ``Community Service Employment +for Older Americans'', ``State Unemployment Insurance and Employment +Service Operations'', ``Employee Benefits Security Administration'', +``Office of Workers' Compensation Programs'', ``Wage and Hour +Division'', ``Office of Federal Contract Compliance Programs'', +``Office of Labor Management Standards'', ``Occupational Safety and +Health Administration'', ``Mine Safety and Health Administration'', +``Office of Disability Employment Policy'', funding made available to +the ``Bureau of International Labor Affairs'' and ``Women's Bureau'' +within the ``Departmental Management, Salaries and Expenses'' account, +and ``Veterans Employment and Training''. + Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29 +U.S.C. 207) shall be applied as if the following text is part of such +section: + ``(s)(1) The provisions of this section shall not apply for a +period of 2 years after the occurrence of a major disaster to any +employee-- + ``(A) employed to adjust or evaluate claims resulting from or + relating to such major disaster, by an employer not engaged, + directly or through an affiliate, in underwriting, selling, or + marketing property, casualty, or liability insurance policies or + contracts; + ``(B) who receives from such employer on average weekly + compensation of not less than $591.00 per week or any minimum + weekly amount established by the Secretary, whichever is greater, + for the number of weeks such employee is engaged in any of the + activities described in subparagraph (C); and + ``(C) whose duties include any of the following: + ``(i) interviewing insured individuals, individuals who + suffered injuries or other damages or losses arising from or + relating to a disaster, witnesses, or physicians; + ``(ii) inspecting property damage or reviewing factual + information to prepare damage estimates; + ``(iii) evaluating and making recommendations regarding + coverage or compensability of claims or determining liability + or value aspects of claims; + ``(iv) negotiating settlements; or + ``(v) making recommendations regarding litigation. + ``(2) The exemption in this subsection shall not affect the +exemption provided by section 13(a)(1). + ``(3) For purposes of this subsection-- + ``(A) the term `major disaster' means any disaster or + catastrophe declared or designated by any State or Federal agency + or department; + ``(B) the term `employee employed to adjust or evaluate claims + resulting from or relating to such major disaster' means an + individual who timely secured or secures a license required by + applicable law to engage in and perform the activities described in + clauses (i) through (v) of paragraph (1)(C) relating to a major + disaster, and is employed by an employer that maintains worker + compensation insurance coverage or protection for its employees, if + required by applicable law, and withholds applicable Federal, + State, and local income and payroll taxes from the wages, salaries + and any benefits of such employees; and + ``(C) the term `affiliate' means a company that, by reason of + ownership or control of 25 percent or more of the outstanding + shares of any class of voting securities of one or more companies, + directly or indirectly, controls, is controlled by, or is under + common control with, another company.''. + (b) This section shall be effective on the date of enactment of +this Act. + Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B +Nonimmigrants Working in the Seafood Industry.-- + (1) In general.--Subject to paragraph (2), if a petition for H- + 2B nonimmigrants filed by an employer in the seafood industry is + granted, the employer may bring the nonimmigrants described in the + petition into the United States at any time during the 120-day + period beginning on the start date for which the employer is + seeking the services of the nonimmigrants without filing another + petition. + (2) Requirements for crossings after 90th day.--An employer in + the seafood industry may not bring H-2B nonimmigrants into the + United States after the date that is 90 days after the start date + for which the employer is seeking the services of the nonimmigrants + unless the employer-- + (A) completes a new assessment of the local labor market + by-- + (i) listing job orders in local newspapers on 2 + separate Sundays; and + (ii) posting the job opportunity on the appropriate + Department of Labor Electronic Job Registry and at the + employer's place of employment; and + (B) offers the job to an equally or better qualified United + States worker who-- + (i) applies for the job; and + (ii) will be available at the time and place of need. + (3) Exemption from rules with respect to staggering.--The + Secretary of Labor shall not consider an employer in the seafood + industry who brings H-2B nonimmigrants into the United States + during the 120-day period specified in paragraph (1) to be + staggering the date of need in violation of section 655.20(d) of + title 20, Code of Federal Regulations, or any other applicable + provision of law. + (b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B +nonimmigrants'' means aliens admitted to the United States pursuant to +section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 +U.S.C. 1101(a)(15)(H)(ii)(B)). + Sec. 110. The determination of prevailing wage for the purposes of +the H-2B program shall be the greater of--(1) the actual wage level +paid by the employer to other employees with similar experience and +qualifications for such position in the same location; or (2) the +prevailing wage level for the occupational classification of the +position in the geographic area in which the H-2B nonimmigrant will be +employed, based on the best information available at the time of filing +the petition. In the determination of prevailing wage for the purposes +of the H-2B program, the Secretary shall accept private wage surveys +even in instances where Occupational Employment Statistics survey data +are available unless the Secretary determines that the methodology and +data in the provided survey are not statistically supported. + Sec. 111. None of the funds in this Act shall be used to enforce +the definition of corresponding employment found in 20 CFR 655.5 or the +three-fourths guarantee rule definition found in 20 CFR 655.20, or any +references thereto. Further, for the purpose of regulating admission of +temporary workers under the H-2B program, the definition of temporary +need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). + Sec. 112. Notwithstanding any other provision of law, the +Secretary may furnish through grants, cooperative agreements, +contracts, and other arrangements, up to $2,000,000 of excess personal +property, at a value determined by the Secretary, to apprenticeship +programs for the purpose of training apprentices in those programs. + Sec. 113. (a) The Act entitled ``An Act to create a Department of +Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be +applied as if the following text is part of such Act: + ``SEC. 12. SECURITY DETAIL. + ``(a) In General.--The Secretary of Labor is authorized to employ +law enforcement officers or special agents to-- + ``(1) provide protection for the Secretary of Labor during the + workday of the Secretary and during any activity that is + preliminary or postliminary to the performance of official duties + by the Secretary; + ``(2) provide protection, incidental to the protection provided + to the Secretary, to a member of the immediate family of the + Secretary who is participating in an activity or event relating to + the official duties of the Secretary; + ``(3) provide continuous protection to the Secretary (including + during periods not described in paragraph (1)) and to the members + of the immediate family of the Secretary if there is a unique and + articulable threat of physical harm, in accordance with guidelines + established by the Secretary; and + ``(4) provide protection to the Deputy Secretary of Labor or + another senior officer representing the Secretary of Labor at a + public event if there is a unique and articulable threat of + physical harm, in accordance with guidelines established by the + Secretary. + ``(b) Authorities.--The Secretary of Labor may authorize a law +enforcement officer or special agent employed under subsection (a), for +the purpose of performing the duties authorized under subsection (a), +to-- + ``(1) carry firearms; + ``(2) make arrests without a warrant for any offense against + the United States committed in the presence of such officer or + special agent; + ``(3) perform protective intelligence work, including + identifying and mitigating potential threats and conducting advance + work to review security matters relating to sites and events; + ``(4) coordinate with local law enforcement agencies; and + ``(5) initiate criminal and other investigations into potential + threats to the security of the Secretary, in coordination with the + Inspector General of the Department of Labor. + ``(c) Compliance With Guidelines.--A law enforcement officer or +special agent employed under subsection (a) shall exercise any +authority provided under this section in accordance with any-- + ``(1) guidelines issued by the Attorney General; and + ``(2) guidelines prescribed by the Secretary of Labor.''. + (b) This section shall be effective on the date of enactment of +this Act. + Sec. 114. The Secretary is authorized to dispose of or divest, by +any means the Secretary determines appropriate, including an agreement +or partnership to construct a new Job Corps center, all or a portion of +the real property on which the Treasure Island Job Corps Center is +situated. Any sale or other disposition will not be subject to any +requirement of any Federal law or regulation relating to the +disposition of Federal real property, including but not limited to +subchapter III of chapter 5 of title 40 of the United States Code and +subchapter V of chapter 119 of title 42 of the United States Code. The +net proceeds of such a sale shall be transferred to the Secretary, +which shall be available until expended to carry out the Job Corps +Program on Treasure Island. + + (rescission) + + Sec. 115. Of the unobligated funds available under section +286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), +$150,000,000 are hereby rescinded. + Sec. 116. Funds made available in prior Acts under the heading +``Department of Labor--Employment and Training Administration--State +Unemployment Insurance and Employment Service Operations'' for fiscal +years 2015 through 2019 for automation acquisitions that are being +carried out through consortia of States shall be available for +expenditure for 6 fiscal years after the final fiscal year that such +funds are available to incur new obligations. + Sec. 117. None of the funds made available by this Act may be used +to-- + (1) alter or terminate the Interagency Agreement between the + United States Department of Labor and the United States Department + of Agriculture; or + (2) close any of the Civilian Conservation Centers, except if + such closure is necessary to prevent the endangerment of the health + and safety of the students, the capacity of the program is + retained, and the requirements of section 159(j) of the Workforce + Innovation and Opportunity Act are met. + This title may be cited as the ``Department of Labor Appropriations +Act, 2020''. + + TITLE II + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Health Resources and Services Administration + + primary health care + + For carrying out titles II and III of the Public Health Service Act +(referred to in this Act as the ``PHS Act'') with respect to primary +health care and the Native Hawaiian Health Care Act of 1988, +$1,626,522,000: Provided, That no more than $1,000,000 shall be +available until expended for carrying out the provisions of section +224(o) of the PHS Act: Provided further, That no more than +$120,000,000 shall be available until expended for carrying out +subsections (g) through (n) and (q) of section 224 of the PHS Act, and +for expenses incurred by the Department of Health and Human Services +(referred to in this Act as ``HHS'') pertaining to administrative +claims made under such law. + + health workforce + + For carrying out titles III, VII, and VIII of the PHS Act with +respect to the health workforce, sections 1128E and 1921 of the Social +Security Act, and the Health Care Quality Improvement Act of 1986, +$1,194,506,000, of which $138,916,000 shall remain available through +September 30, 2021 to carry out sections 750, 755, 756, 760, 781, and +791 of the PHS Act: Provided, That sections 751(j)(2) and 762(k) of +the PHS Act and the proportional funding amounts in paragraphs (1) +through (4) of section 756(f) of the PHS Act shall not apply to funds +made available under this heading: Provided further, That for any +program operating under section 751 of the PHS Act on or before January +1, 2009, the Secretary of Health and Human Services (referred to in +this title as the ``Secretary'') may hereafter waive any of the +requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of +such Act for the full project period of a grant under such section: +Provided further, That no funds shall be available for section 340G-1 +of the PHS Act: Provided further, That fees collected for the +disclosure of information under section 427(b) of the Health Care +Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of +the Social Security Act shall be sufficient to recover the full costs +of operating the programs authorized by such sections and shall remain +available until expended for the National Practitioner Data Bank: +Provided further, That funds transferred to this account to carry out +section 846 and subpart 3 of part D of title III of the PHS Act may be +used to make prior year adjustments to awards made under such section +and subpart: Provided further, That $120,000,000 shall remain +available until expended for the purposes of providing primary health +services, assigning National Health Service Corps (``NHSC'') members to +expand the delivery of substance use disorder treatment services, +notwithstanding the assignment priorities and limitations under +sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, +and making payments under the NHSC Loan Repayment Program under section +338B of such Act: Provided further, That, within the amount made +available in the previous proviso, $15,000,000 shall remain available +until expended for the purposes of making payments under the NHSC Loan +Repayment Program under section 338B of the PHS Act to individuals +participating in such program who provide primary health services in +Indian Health Service facilities, Tribally-Operated 638 Health +Programs, and Urban Indian Health Programs (as those terms are defined +by the Secretary), notwithstanding the assignment priorities and +limitations under section 333(b) of such Act: Provided further, That +for purposes of the previous two provisos, section 331(a)(3)(D) of the +PHS Act shall be applied as if the term ``primary health services'' +includes clinical substance use disorder treatment services, including +those provided by masters level, licensed substance use disorder +treatment counselors: Provided further, That of the funds made +available under this heading, $5,000,000 shall be available to make +grants to establish or expand optional community-based nurse +practitioner fellowship programs that are accredited or in the +accreditation process, with a preference for those in Federally +Qualified Health Centers, for practicing postgraduate nurse +practitioners in primary care or behavioral health. + Of the funds made available under this heading, $50,000,000 shall +remain available until expended for grants to public institutions of +higher education to expand or support graduate education for physicians +provided by such institutions: Provided, That, in awarding such +grants, the Secretary shall give priority to public institutions of +higher education located in States with a projected primary care +provider shortage in 2025, as determined by the Secretary: Provided +further, That grants so awarded are limited to such public institutions +of higher education in States in the top quintile of States with a +projected primary care provider shortage in 2025, as determined by the +Secretary: Provided further, That the minimum amount of a grant so +awarded to such an institution shall be not less than $1,000,000 per +year: Provided further, That such a grant may be awarded for a period +not to exceed 5 years: Provided further, That such a grant awarded +with respect to a year to such an institution shall be subject to a +matching requirement of non-Federal funds in an amount that is not less +than 10 percent of the total amount of Federal funds provided in the +grant to such institution with respect to such year. + + maternal and child health + + For carrying out titles III, XI, XII, and XIX of the PHS Act with +respect to maternal and child health and title V of the Social Security +Act, $943,784,000: Provided, That notwithstanding sections 502(a)(1) +and 502(b)(1) of the Social Security Act, not more than $119,116,000 +shall be available for carrying out special projects of regional and +national significance pursuant to section 501(a)(2) of such Act and +$10,276,000 shall be available for projects described in subparagraphs +(A) through (F) of section 501(a)(3) of such Act. + + ryan white hiv/aids program + + For carrying out title XXVI of the PHS Act with respect to the Ryan +White HIV/AIDS program, $2,388,781,000, of which $1,970,881,000 shall +remain available to the Secretary through September 30, 2022, for parts +A and B of title XXVI of the PHS Act, and of which not less than +$900,313,000 shall be for State AIDS Drug Assistance Programs under the +authority of section 2616 or 311(c) of such Act; and of which +$70,000,000, to remain available until expended, shall be available to +the Secretary for carrying out a program of grants and contracts under +title XXVI or section 311(c) of such Act focused on ending the +nationwide HIV/AIDS epidemic, with any grants issued under such section +311(c) administered in conjunction with title XXVI of the PHS Act, +including the limitation on administrative expenses. + + health care systems + + For carrying out titles III and XII of the PHS Act with respect to +health care systems, and the Stem Cell Therapeutic and Research Act of +2005, $123,593,000, of which $122,000 shall be available until expended +for facilities renovations at the Gillis W. Long Hansen's Disease +Center. + + rural health + + For carrying out titles III and IV of the PHS Act with respect to +rural health, section 427(a) of the Federal Coal Mine Health and Safety +Act of 1969, and sections 711 and 1820 of the Social Security Act, +$318,294,000, of which $53,609,000 from general revenues, +notwithstanding section 1820(j) of the Social Security Act, shall be +available for carrying out the Medicare rural hospital flexibility +grants program: Provided, That of the funds made available under this +heading for Medicare rural hospital flexibility grants, $19,942,000 +shall be available for the Small Rural Hospital Improvement Grant +Program for quality improvement and adoption of health information +technology and up to $1,000,000 shall be to carry out section +1820(g)(6) of the Social Security Act, with funds provided for grants +under section 1820(g)(6) available for the purchase and implementation +of telehealth services, including pilots and demonstrations on the use +of electronic health records to coordinate rural veterans care between +rural providers and the Department of Veterans Affairs electronic +health record system: Provided further, That notwithstanding section +338J(k) of the PHS Act, $12,500,000 shall be available for State +Offices of Rural Health: Provided further, That $10,000,000 shall +remain available through September 30, 2022, to support the Rural +Residency Development Program: Provided further, That $110,000,000 +shall be for the Rural Communities Opioids Response Program. + + family planning + + For carrying out the program under title X of the PHS Act to +provide for voluntary family planning projects, $286,479,000: +Provided, That amounts provided to said projects under such title shall +not be expended for abortions, that all pregnancy counseling shall be +nondirective, and that such amounts shall not be expended for any +activity (including the publication or distribution of literature) that +in any way tends to promote public support or opposition to any +legislative proposal or candidate for public office. + + program management + + For program support in the Health Resources and Services +Administration, $155,300,000: Provided, That funds made available +under this heading may be used to supplement program support funding +provided under the headings ``Primary Health Care'', ``Health +Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS +Program'', ``Health Care Systems'', and ``Rural Health''. + + vaccine injury compensation program trust fund + + For payments from the Vaccine Injury Compensation Program Trust +Fund (the ``Trust Fund''), such sums as may be necessary for claims +associated with vaccine-related injury or death with respect to +vaccines administered after September 30, 1988, pursuant to subtitle 2 +of title XXI of the PHS Act, to remain available until expended: +Provided, That for necessary administrative expenses, not to exceed +$10,200,000 shall be available from the Trust Fund to the Secretary. + + Centers for Disease Control and Prevention + + immunization and respiratory diseases + + For carrying out titles II, III, XVII, and XXI, and section 2821 of +the PHS Act, titles II and IV of the Immigration and Nationality Act, +and section 501 of the Refugee Education Assistance Act, with respect +to immunization and respiratory diseases, $433,105,000. + + hiv/aids, viral hepatitis, sexually transmitted diseases, and + tuberculosis prevention + + For carrying out titles II, III, XVII, and XXIII of the PHS Act +with respect to HIV/AIDS, viral hepatitis, sexually transmitted +diseases, and tuberculosis prevention, $1,273,556,000. + + emerging and zoonotic infectious diseases + + For carrying out titles II, III, and XVII, and section 2821 of the +PHS Act, titles II and IV of the Immigration and Nationality Act, and +section 501 of the Refugee Education Assistance Act, with respect to +emerging and zoonotic infectious diseases, $570,372,000. + + chronic disease prevention and health promotion + + For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS +Act with respect to chronic disease prevention and health promotion, +$984,964,000: Provided, That funds made available under this heading +may be available for making grants under section 1509 of the PHS Act +for not less than 21 States, tribes, or tribal organizations: Provided +further, That of the funds made available under this heading, +$15,000,000 shall be available to continue and expand community +specific extension and outreach programs to combat obesity in counties +with the highest levels of obesity: Provided further, That the +proportional funding requirements under section 1503(a) of the PHS Act +shall not apply to funds made available under this heading. + + birth defects, developmental disabilities, disabilities and health + + For carrying out titles II, III, XI, and XVII of the PHS Act with +respect to birth defects, developmental disabilities, disabilities and +health, $160,810,000. + + public health scientific services + + For carrying out titles II, III, and XVII of the PHS Act with +respect to health statistics, surveillance, health informatics, and +workforce development, $555,497,000. + + environmental health + + For carrying out titles II, III, and XVII of the PHS Act with +respect to environmental health, $196,850,000. + + injury prevention and control + + For carrying out titles II, III, and XVII of the PHS Act with +respect to injury prevention and control, $677,379,000. + + national institute for occupational safety and health + + For carrying out titles II, III, and XVII of the PHS Act, sections +101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety +and Health Act, section 13 of the Mine Improvement and New Emergency +Response Act, and sections 20, 21, and 22 of the Occupational Safety +and Health Act, with respect to occupational safety and health, +$342,800,000. + + energy employees occupational illness compensation program + + For necessary expenses to administer the Energy Employees +Occupational Illness Compensation Program Act, $55,358,000, to remain +available until expended: Provided, That this amount shall be +available consistent with the provision regarding administrative +expenses in section 151(b) of division B, title I of Public Law 106- +554. + + global health + + For carrying out titles II, III, and XVII of the PHS Act with +respect to global health, $570,843,000, of which: (1) $128,421,000 +shall remain available through September 30, 2021 for international +HIV/AIDS; and (2) $173,400,000 shall remain available through September +30, 2022 for global disease detection and emergency response: +Provided, That funds may be used for purchase and insurance of official +motor vehicles in foreign countries. + + public health preparedness and response + + For carrying out titles II, III, and XVII of the PHS Act with +respect to public health preparedness and response, and for expenses +necessary to support activities related to countering potential +biological, nuclear, radiological, and chemical threats to civilian +populations, $850,200,000: Provided, That the Director of the Centers +for Disease Control and Prevention (referred to in this title as +``CDC'') or the Administrator of the Agency for Toxic Substances and +Disease Registry may detail staff without reimbursement for up to 180 +days to support an activation of the CDC Emergency Operations Center, +so long as the Director or Administrator, as applicable, provides a +notice to the Committees on Appropriations of the House of +Representatives and the Senate within 15 days of the use of this +authority and a full report within 30 days after use of this authority +which includes the number of staff and funding level broken down by the +originating center and number of days detailed: Provided further, That +funds appropriated under this heading may be used to support a contract +for the operation and maintenance of an aircraft in direct support of +activities throughout CDC to ensure the agency is prepared to address +public health preparedness emergencies. + + buildings and facilities + + (including transfer of funds) + + For acquisition of real property, equipment, construction, +installation, demolition, and renovation of facilities, $25,000,000, +which shall remain available until September 30, 2024: Provided, That +funds made available to this account in this or any prior Act that are +available for the acquisition of real property or for construction or +improvement of facilities shall be available to make improvements on +non-federally owned property, provided that any improvements that are +not adjacent to federally owned property do not exceed $2,500,000, and +that the primary benefit of such improvements accrues to CDC: Provided +further, That funds previously set-aside by CDC for repair and upgrade +of the Lake Lynn Experimental Mine and Laboratory shall be used to +acquire a replacement mine safety research facility: Provided further, +That in addition, the prior year unobligated balance of any amounts +assigned to former employees in accounts of CDC made available for +Individual Learning Accounts shall be credited to and merged with the +amounts made available under this heading to support the replacement of +the mine safety research facility. + + cdc-wide activities and program support + + (including transfer of funds) + + For carrying out titles II, III, XVII and XIX, and section 2821 of +the PHS Act and for cross-cutting activities and program support for +activities funded in other appropriations included in this Act for the +Centers for Disease Control and Prevention, $198,570,000, of which up +to $5,000,000 may be transferred to the reserve of the Working Capital +Fund authorized under this heading in division F of Public Law 112-74: +Provided, That paragraphs (1) through (3) of subsection (b) of section +2821 of the PHS Act shall not apply to funds appropriated under this +heading and in all other accounts of the CDC: Provided further, That +employees of CDC or the Public Health Service, both civilian and +commissioned officers, detailed to States, municipalities, or other +organizations under authority of section 214 of the PHS Act, or in +overseas assignments, shall be treated as non-Federal employees for +reporting purposes only and shall not be included within any personnel +ceiling applicable to the Agency, Service, or HHS during the period of +detail or assignment: Provided further, That CDC may use up to $10,000 +from amounts appropriated to CDC in this Act for official reception and +representation expenses when specifically approved by the Director of +CDC: Provided further, That in addition, such sums as may be derived +from authorized user fees, which shall be credited to the appropriation +charged with the cost thereof: Provided further, That with respect to +the previous proviso, authorized user fees from the Vessel Sanitation +Program and the Respirator Certification Program shall be available +through September 30, 2021. + + National Institutes of Health + + national cancer institute + + For carrying out section 301 and title IV of the PHS Act with +respect to cancer, $6,245,442,000, of which up to $30,000,000 may be +used for facilities repairs and improvements at the National Cancer +Institute--Frederick Federally Funded Research and Development Center +in Frederick, Maryland. + + national heart, lung, and blood institute + + For carrying out section 301 and title IV of the PHS Act with +respect to cardiovascular, lung, and blood diseases, and blood and +blood products, $3,624,258,000. + + national institute of dental and craniofacial research + + For carrying out section 301 and title IV of the PHS Act with +respect to dental and craniofacial diseases, $477,429,000. + + national institute of diabetes and digestive and kidney diseases + + For carrying out section 301 and title IV of the PHS Act with +respect to diabetes and digestive and kidney disease, $2,114,314,000. + + national institute of neurological disorders and stroke + + For carrying out section 301 and title IV of the PHS Act with +respect to neurological disorders and stroke, $2,374,687,000. + + national institute of allergy and infectious diseases + + For carrying out section 301 and title IV of the PHS Act with +respect to allergy and infectious diseases, $5,885,470,000. + + national institute of general medical sciences + + For carrying out section 301 and title IV of the PHS Act with +respect to general medical sciences, $2,937,218,000, of which +$1,230,821,000 shall be from funds available under section 241 of the +PHS Act: Provided, That not less than $386,573,000 is provided for the +Institutional Development Awards program. + + eunice kennedy shriver national institute of child health and human + development + + For carrying out section 301 and title IV of the PHS Act with +respect to child health and human development, $1,556,879,000. + + national eye institute + + For carrying out section 301 and title IV of the PHS Act with +respect to eye diseases and visual disorders, $824,090,000. + + national institute of environmental health sciences + + For carrying out section 301 and title IV of the PHS Act with +respect to environmental health sciences, $802,598,000. + + national institute on aging + + For carrying out section 301 and title IV of the PHS Act with +respect to aging, $3,543,673,000. + + national institute of arthritis and musculoskeletal and skin diseases + + For carrying out section 301 and title IV of the PHS Act with +respect to arthritis and musculoskeletal and skin diseases, +$624,889,000. + + national institute on deafness and other communication disorders + + For carrying out section 301 and title IV of the PHS Act with +respect to deafness and other communication disorders, $490,692,000. + + national institute of nursing research + + For carrying out section 301 and title IV of the PHS Act with +respect to nursing research, $169,113,000. + + national institute on alcohol abuse and alcoholism + + For carrying out section 301 and title IV of the PHS Act with +respect to alcohol abuse and alcoholism, $545,373,000. + + national institute on drug abuse + + For carrying out section 301 and title IV of the PHS Act with +respect to drug abuse, $1,462,016,000. + + national institute of mental health + + For carrying out section 301 and title IV of the PHS Act with +respect to mental health, $1,968,374,000. + + national human genome research institute + + For carrying out section 301 and title IV of the PHS Act with +respect to human genome research, $606,349,000. + + national institute of biomedical imaging and bioengineering + + For carrying out section 301 and title IV of the PHS Act with +respect to biomedical imaging and bioengineering research, +$403,638,000. + + national center for complementary and integrative health + + For carrying out section 301 and title IV of the PHS Act with +respect to complementary and integrative health, $151,740,000. + + national institute on minority health and health disparities + + For carrying out section 301 and title IV of the PHS Act with +respect to minority health and health disparities research, +$335,812,000: Provided, That funds may be used to implement a +reorganization that is presented to an advisory council in a public +meeting and for which the Committees on Appropriations of the House of +Representatives and the Senate have been notified 30 days in advance. + + john e. fogarty international center + + For carrying out the activities of the John E. Fogarty +International Center (described in subpart 2 of part E of title IV of +the PHS Act), $80,760,000. + + national library of medicine + + For carrying out section 301 and title IV of the PHS Act with +respect to health information communications, $456,911,000: Provided, +That of the amounts available for improvement of information systems, +$4,000,000 shall be available until September 30, 2021: Provided +further, That in fiscal year 2020, the National Library of Medicine may +enter into personal services contracts for the provision of services in +facilities owned, operated, or constructed under the jurisdiction of +the National Institutes of Health (referred to in this title as +``NIH''). + + national center for advancing translational sciences + + For carrying out section 301 and title IV of the PHS Act with +respect to translational sciences, $832,888,000: Provided, That up to +$60,000,000 shall be available to implement section 480 of the PHS Act, +relating to the Cures Acceleration Network: Provided further, That at +least $578,141,000 is provided to the Clinical and Translational +Sciences Awards program. + + office of the director + + (including transfer of funds) + + For carrying out the responsibilities of the Office of the +Director, NIH, $2,239,787,000: Provided, That funding shall be +available for the purchase of not to exceed 29 passenger motor vehicles +for replacement only: Provided further, That all funds credited to the +NIH Management Fund shall remain available for one fiscal year after +the fiscal year in which they are deposited: Provided further, That +$180,000,000 shall be for the Environmental Influences on Child Health +Outcomes study: Provided further, That $626,511,000 shall be available +for the Common Fund established under section 402A(c)(1) of the PHS +Act: Provided further, That of the funds provided, $10,000 shall be +for official reception and representation expenses when specifically +approved by the Director of the NIH: Provided further, That the Office +of AIDS Research within the Office of the Director of the NIH may spend +up to $8,000,000 to make grants for construction or renovation of +facilities as provided for in section 2354(a)(5)(B) of the PHS Act: +Provided further, That $50,000,000 shall be used to carry out section +404I of the PHS Act (42 U.S.C. 283K), relating to biomedical and +behavioral research facilities: Provided further, That $5,000,000 +shall be transferred to and merged with the appropriation for the +``Office of Inspector General'' for oversight of grant programs and +operations of the NIH, including agency efforts to ensure the integrity +of its grant application evaluation and selection processes, and shall +be in addition to funds otherwise made available for oversight of the +NIH: Provided further, That the funds provided in the previous proviso +may be transferred from one specified activity to another with 15 days +prior approval of the Committees on Appropriations of the House of +Representatives and the Senate: Provided further, That the Inspector +General shall consult with the Committees on Appropriations of the +House of Representatives and the Senate before submitting to the +Committees an audit plan for fiscal years 2020 and 2021 no later than +30 days after the date of enactment of this Act: Provided further, +That amounts available under this heading are also available to +establish, operate, and support the Research Policy Board authorized by +section 2034(f) of the 21st Century Cures Act. + In addition to other funds appropriated for the Common Fund +established under section 402A(c) of the PHS Act, $12,600,000 is +appropriated to the Common Fund from the 10-year Pediatric Research +Initiative Fund described in section 9008 of title 26, United States +Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the +PHS Act (relating to pediatric research), as authorized in the +Gabriella Miller Kids First Research Act. + + buildings and facilities + + For the study of, construction of, demolition of, renovation of, +and acquisition of equipment for, facilities of or used by NIH, +including the acquisition of real property, $200,000,000, to remain +available through September 30, 2024. + + nih innovation account, cures act + + (including transfer of funds) + + For necessary expenses to carry out the purposes described in +section 1001(b)(4) of the 21st Century Cures Act, in addition to +amounts available for such purposes in the appropriations provided to +the NIH in this Act, $492,000,000, to remain available until expended: +Provided, That such amounts are appropriated pursuant to section +1001(b)(3) of such Act, are to be derived from amounts transferred +under section 1001(b)(2)(A) of such Act, and may be transferred by the +Director of the National Institutes of Health to other accounts of the +National Institutes of Health solely for the purposes provided in such +Act: Provided further, That upon a determination by the Director that +funds transferred pursuant to the previous proviso are not necessary +for the purposes provided, such amounts may be transferred back to the +Account: Provided further, That the transfer authority provided under +this heading is in addition to any other transfer authority provided by +law. + + Substance Abuse and Mental Health Services Administration + + mental health + + For carrying out titles III, V, and XIX of the PHS Act with respect +to mental health, and the Protection and Advocacy for Individuals with +Mental Illness Act, $1,644,974,000: Provided, That of the funds made +available under this heading, $68,887,000 shall be for the National +Child Traumatic Stress Initiative: Provided further, That +notwithstanding section 520A(f)(2) of the PHS Act, no funds +appropriated for carrying out section 520A shall be available for +carrying out section 1971 of the PHS Act: Provided further, That in +addition to amounts provided herein, $21,039,000 shall be available +under section 241 of the PHS Act to carry out subpart I of part B of +title XIX of the PHS Act to fund section 1920(b) technical assistance, +national data, data collection and evaluation activities, and further +that the total available under this Act for section 1920(b) activities +shall not exceed 5 percent of the amounts appropriated for subpart I of +part B of title XIX: Provided further, That up to 10 percent of the +amounts made available to carry out the Children's Mental Health +Services program may be used to carry out demonstration grants or +contracts for early interventions with persons not more than 25 years +of age at clinical high risk of developing a first episode of +psychosis: Provided further, That section 520E(b)(2) of the PHS Act +shall not apply to funds appropriated in this Act for fiscal year 2020: + Provided further, That States shall expend at least 10 percent of the +amount each receives for carrying out section 1911 of the PHS Act to +support evidence-based programs that address the needs of individuals +with early serious mental illness, including psychotic disorders, +regardless of the age of the individual at onset: Provided further, +That $200,000,000 shall be available until September 30, 2022 for +grants to communities and community organizations who meet criteria for +Certified Community Behavioral Health Clinics pursuant to section +223(a) of Public Law 113-93: Provided further, That none of the funds +provided for section 1911 of the PHS Act shall be subject to section +241 of such Act: Provided further, That of the funds made available +under this heading, $19,000,000 shall be to carry out section 224 of +the Protecting Access to Medicare Act of 2014 (Public Law 113-93; 42 +U.S.C. 290aa 22 note). + + substance abuse treatment + + For carrying out titles III and V of the PHS Act with respect to +substance abuse treatment and title XIX of such Act with respect to +substance abuse treatment and prevention, and the SUPPORT for Patients +and Communities Act, $3,756,556,000: Provided, That $1,500,000,000 +shall be for State Opioid Response Grants for carrying out activities +pertaining to opioids and stimulants undertaken by the State agency +responsible for administering the substance abuse prevention and +treatment block grant under subpart II of part B of title XIX of the +PHS Act (42 U.S.C. 300x-21 et seq.): Provided further, That of such +amount $50,000,000 shall be made available to Indian Tribes or tribal +organizations: Provided further, That 15 percent of the remaining +amount shall be for the States with the highest mortality rate related +to opioid use disorders: Provided further, That of the amounts +provided for State Opioid Response Grants not more than 2 percent shall +be available for Federal administrative expenses, training, technical +assistance, and evaluation: Provided further, That of the amount not +reserved by the previous three provisos, the Secretary shall make +allocations to States, territories, and the District of Columbia +according to a formula using national survey results that the Secretary +determines are the most objective and reliable measure of drug use and +drug-related deaths: Provided further, That the Secretary shall submit +the formula methodology to the Committees on Appropriations of the +House of Representatives and the Senate not less than 15 days prior to +publishing a Funding Opportunity Announcement: Provided further, That +prevention and treatment activities funded through such grants may +include education, treatment (including the provision of medication), +behavioral health services for individuals in treatment programs, +referral to treatment services, recovery support, and medical screening +associated with such treatment: Provided further, That each State, as +well as the District of Columbia, shall receive not less than +$4,000,000: Provided further, That in addition to amounts provided +herein, the following amounts shall be available under section 241 of +the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title +XIX of the PHS Act to fund section 1935(b) technical assistance, +national data, data collection and evaluation activities, and further +that the total available under this Act for section 1935(b) activities +shall not exceed 5 percent of the amounts appropriated for subpart II +of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse +treatment programs: Provided further, That none of the funds provided +for section 1921 of the PHS Act or State Opioid Response Grants shall +be subject to section 241 of such Act. + + substance abuse prevention + + For carrying out titles III and V of the PHS Act with respect to +substance abuse prevention, $206,469,000. + + health surveillance and program support + + For program support and cross-cutting activities that supplement +activities funded under the headings ``Mental Health'', ``Substance +Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out +titles III, V, and XIX of the PHS Act and the Protection and Advocacy +for Individuals with Mental Illness Act in the Substance Abuse and +Mental Health Services Administration, $128,830,000: Provided, That in +addition to amounts provided herein, $31,428,000 shall be available +under section 241 of the PHS Act to supplement funds available to carry +out national surveys on drug abuse and mental health, to collect and +analyze program data, and to conduct public awareness and technical +assistance activities: Provided further, That, in addition, fees may +be collected for the costs of publications, data, data tabulations, and +data analysis completed under title V of the PHS Act and provided to a +public or private entity upon request, which shall be credited to this +appropriation and shall remain available until expended for such +purposes: Provided further, That amounts made available in this Act +for carrying out section 501(o) of the PHS Act shall remain available +through September 30, 2021: Provided further, That funds made +available under this heading may be used to supplement program support +funding provided under the headings ``Mental Health'', ``Substance +Abuse Treatment'', and ``Substance Abuse Prevention''. + + Agency for Healthcare Research and Quality + + healthcare research and quality + + For carrying out titles III and IX of the PHS Act, part A of title +XI of the Social Security Act, and section 1013 of the Medicare +Prescription Drug, Improvement, and Modernization Act of 2003, +$338,000,000: Provided, That section 947(c) of the PHS Act shall not +apply in fiscal year 2020: Provided further, That in addition, amounts +received from Freedom of Information Act fees, reimbursable and +interagency agreements, and the sale of data shall be credited to this +appropriation and shall remain available until September 30, 2021. + + Centers for Medicare & Medicaid Services + + grants to states for medicaid + + For carrying out, except as otherwise provided, titles XI and XIX +of the Social Security Act, $273,188,478,000, to remain available until +expended. + For making, after May 31, 2020, payments to States under title XIX +or in the case of section 1928 on behalf of States under title XIX of +the Social Security Act for the last quarter of fiscal year 2020 for +unanticipated costs incurred for the current fiscal year, such sums as +may be necessary. + For making payments to States or in the case of section 1928 on +behalf of States under title XIX of the Social Security Act for the +first quarter of fiscal year 2021, $139,903,075,000, to remain +available until expended. + Payment under such title XIX may be made for any quarter with +respect to a State plan or plan amendment in effect during such +quarter, if submitted in or prior to such quarter and approved in that +or any subsequent quarter. + + payments to the health care trust funds + + For payment to the Federal Hospital Insurance Trust Fund and the +Federal Supplementary Medical Insurance Trust Fund, as provided under +sections 217(g), 1844, and 1860D-16 of the Social Security Act, +sections 103(c) and 111(d) of the Social Security Amendments of 1965, +section 278(d)(3) of Public Law 97-248, and for administrative expenses +incurred pursuant to section 201(g) of the Social Security Act, +$410,796,100,000. + In addition, for making matching payments under section 1844 and +benefit payments under section 1860D-16 of the Social Security Act that +were not anticipated in budget estimates, such sums as may be +necessary. + + program management + + For carrying out, except as otherwise provided, titles XI, XVIII, +XIX, and XXI of the Social Security Act, titles XIII and XXVII of the +PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and +other responsibilities of the Centers for Medicare & Medicaid Services, +not to exceed $3,669,744,000, to be transferred from the Federal +Hospital Insurance Trust Fund and the Federal Supplementary Medical +Insurance Trust Fund, as authorized by section 201(g) of the Social +Security Act; together with all funds collected in accordance with +section 353 of the PHS Act and section 1857(e)(2) of the Social +Security Act, funds retained by the Secretary pursuant to section +1893(h) of the Social Security Act, and such sums as may be collected +from authorized user fees and the sale of data, which shall be credited +to this account and remain available until expended: Provided, That +all funds derived in accordance with 31 U.S.C. 9701 from organizations +established under title XIII of the PHS Act shall be credited to and +available for carrying out the purposes of this appropriation: +Provided further, That the Secretary is directed to collect fees in +fiscal year 2020 from Medicare Advantage organizations pursuant to +section 1857(e)(2) of the Social Security Act and from eligible +organizations with risk-sharing contracts under section 1876 of that +Act pursuant to section 1876(k)(4)(D) of that Act: Provided further, +That amounts available under this heading to support quality +improvement organizations (as defined in section 1152 of the Social +Security Act) shall not exceed the amount specifically provided for +such purpose under this heading in division H of the Consolidated +Appropriations Act, 2018 (Public Law 115-141). + + health care fraud and abuse control account + + In addition to amounts otherwise available for program integrity +and program management, $786,000,000, to remain available through +September 30, 2021, to be transferred from the Federal Hospital +Insurance Trust Fund and the Federal Supplementary Medical Insurance +Trust Fund, as authorized by section 201(g) of the Social Security Act, +of which $610,000,000 shall be for the Centers for Medicare & Medicaid +Services program integrity activities, of which $93,000,000 shall be +for the Department of Health and Human Services Office of Inspector +General to carry out fraud and abuse activities authorized by section +1817(k)(3) of such Act, and of which $83,000,000 shall be for the +Department of Justice to carry out fraud and abuse activities +authorized by section 1817(k)(3) of such Act: Provided, That the +report required by section 1817(k)(5) of the Social Security Act for +fiscal year 2020 shall include measures of the operational efficiency +and impact on fraud, waste, and abuse in the Medicare, Medicaid, and +CHIP programs for the funds provided by this appropriation: Provided +further, That of the amount provided under this heading, $311,000,000 +is provided to meet the terms of section 251(b)(2)(C)(ii) of the +Balanced Budget and Emergency Deficit Control Act of 1985, as amended, +and $475,000,000 is additional new budget authority specified for +purposes of section 251(b)(2)(C) of such Act: Provided further, That +the Secretary shall provide not less than $18,000,000 for the Senior +Medicare Patrol program to combat health care fraud and abuse from the +funds provided to this account. + + Administration for Children and Families + + payments to states for child support enforcement and family support + programs + + For carrying out, except as otherwise provided, titles I, IV-D, X, +XI, XIV, and XVI of the Social Security Act and the Act of July 5, +1960, $2,890,000,000, to remain available until expended; and for such +purposes for the first quarter of fiscal year 2021, $1,400,000,000, to +remain available until expended. + For carrying out, after May 31 of the current fiscal year, except +as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the +Social Security Act and the Act of July 5, 1960, for the last 3 months +of the current fiscal year for unanticipated costs, incurred for the +current fiscal year, such sums as may be necessary. + + low income home energy assistance + + For making payments under subsections (b) and (d) of section 2602 +of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et +seq.), $3,740,304,000: Provided, That notwithstanding section 2609A(a) +of such Act, not more than $2,988,000 may be reserved by the Secretary +of Health and Human Services for technical assistance, training, and +monitoring of program activities for compliance with internal controls, +policies and procedures and the Secretary may, in addition to the +authorities provided in section 2609A(a)(1), use such funds through +contracts with private entities that do not qualify as nonprofit +organizations: Provided further, That all but $753,000,000 of the +amount appropriated under this heading shall be allocated as though the +total appropriation for such payments for fiscal year 2020 was less +than $1,975,000,000: Provided further, That, after applying all +applicable provisions of section 2604 of such Act and the previous +proviso, each State or territory that would otherwise receive an +allocation that is less than 97 percent of the amount that it received +under this heading for fiscal year 2019 from amounts appropriated in +Public Law 115-245 shall have its allocation increased to that 97 +percent level, with the portions of other States' and territories' +allocations that would exceed 100 percent of the amounts they +respectively received in such fashion for fiscal year 2019 being +ratably reduced. + + refugee and entrant assistance + + (including transfer of funds) + + For necessary expenses for refugee and entrant assistance +activities authorized by section 414 of the Immigration and Nationality +Act and section 501 of the Refugee Education Assistance Act of 1980, +and for carrying out section 462 of the Homeland Security Act of 2002, +section 235 of the William Wilberforce Trafficking Victims Protection +Reauthorization Act of 2008, the Trafficking Victims Protection Act of +2000 (``TVPA''), and the Torture Victims Relief Act of 1998, +$1,908,201,000, of which $1,864,446,000 shall remain available through +September 30, 2022 for carrying out such sections 414, 501, 462, and +235: Provided, That amounts available under this heading to carry out +the TVPA shall also be available for research and evaluation with +respect to activities under such Act: Provided further, That not less +than $160,000,000 shall be used for legal services, child advocates, +and post-release services: Provided further, That the limitation in +section 205 of this Act regarding transfers increasing any +appropriation shall apply to transfers to appropriations under this +heading by substituting ``15 percent'' for ``3 percent''. + + payments to states for the child care and development block grant + + For carrying out the Child Care and Development Block Grant Act of +1990 (``CCDBG Act''), $5,826,000,000 shall be used to supplement, not +supplant State general revenue funds for child care assistance for low- +income families: Provided, That technical assistance under section +658I(a)(3) of such Act may be provided directly, or through the use of +contracts, grants, cooperative agreements, or interagency agreements: +Provided further, That all funds made available to carry out section +418 of the Social Security Act (42 U.S.C. 618), including funds +appropriated for that purpose in such section 418 or any other +provision of law, shall be subject to the reservation of funds +authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG +Act: Provided further, That in addition to the amounts required to be +reserved by the Secretary under section 658O(a)(2)(A) of such Act, +$174,780,000 shall be for Indian tribes and tribal organizations. + + social services block grant + + For making grants to States pursuant to section 2002 of the Social +Security Act, $1,700,000,000: Provided, That notwithstanding +subparagraph (B) of section 404(d)(2) of such Act, the applicable +percent specified under such subparagraph for a State to carry out +State programs pursuant to title XX-A of such Act shall be 10 percent. + + children and families services programs + + For carrying out, except as otherwise provided, the Runaway and +Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, +the Child Abuse Prevention and Treatment Act, sections 303 and 313 of +the Family Violence Prevention and Services Act, the Native American +Programs Act of 1974, title II of the Child Abuse Prevention and +Treatment and Adoption Reform Act of 1978 (adoption opportunities), +part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and +1115 of the Social Security Act, and the Community Services Block Grant +Act (``CSBG Act''); and for necessary administrative expenses to carry +out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security +Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act +of 1981, the Child Care and Development Block Grant Act of 1990, the +Assets for Independence Act, title IV of the Immigration and +Nationality Act, and section 501 of the Refugee Education Assistance +Act of 1980, $12,876,652,000, of which $75,000,000, to remain available +through September 30, 2021, shall be for grants to States for adoption +and legal guardianship incentive payments, as defined by section 473A +of the Social Security Act and may be made for adoptions and legal +guardianships completed before September 30, 2020: Provided, That +$10,613,095,000 shall be for making payments under the Head Start Act, +including for Early Head Start-Child Care Partnerships, and, of which, +notwithstanding section 640 of such Act: + (1) $193,000,000 shall be available for a cost of living + adjustment, and with respect to any continuing appropriations act, + funding available for a cost of living adjustment shall not be + construed as an authority or condition under this Act; + (2) $25,000,000 shall be available for allocation by the + Secretary to supplement activities described in paragraphs (7)(B) + and (9) of section 641(c) of the Head Start Act under the + Designation Renewal System, established under the authority of + sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and such + funds shall not be included in the calculation of ``base grant'' in + subsequent fiscal years, as such term is used in section + 640(a)(7)(A) of such Act; + (3) $100,000,000, in addition to funds otherwise available + under such section 640 for such purposes, shall be available + through March 31, 2021 for new grants to entities defined as + eligible under section 645A(d) of such Act for Early Head Start + programs as described in section 645A of such Act, conversion of + Head Start services to Early Head Start services as described in + section 645(a)(5)(A) of such Act, and high quality infant and + toddler care through Early Head Start-Child Care Partnerships, and + for training and technical assistance for such activities; + (4) $250,000,000 shall be available for quality improvement + consistent with section 640(a)(5) of such Act except that any + amount of the funds may be used on any of the activities in such + section (5); + (5) $4,000,000 shall be available for the purposes of re- + establishing the Tribal Colleges and Universities Head Start + Partnership Program consistent with section 648(g) of such Act; and + (6) $19,000,000 shall be available to supplement funding + otherwise available for research, evaluation, and Federal + administrative costs: + Provided further, That the Secretary may reduce the reservation of +funds under section 640(a)(2)(C) of such Act in lieu of reducing the +reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and +640(a)(2)(E) of such Act: Provided further, That $275,000,000 shall be +available until December 31, 2020 for carrying out sections 9212 and +9213 of the Every Student Succeeds Act: Provided further, That up to 3 +percent of the funds in the preceding proviso shall be available for +technical assistance and evaluation related to grants awarded under +such section 9212: Provided further, That $770,383,000 shall be for +making payments under the CSBG Act: Provided further, That $30,383,000 +shall be for section 680 of the CSBG Act, of which not less than +$20,383,000 shall be for section 680(a)(2) and not less than +$10,000,000 shall be for section 680(a)(3)(B) of such Act: Provided +further, That, notwithstanding section 675C(a)(3) of such Act, to the +extent Community Services Block Grant funds are distributed as grant +funds by a State to an eligible entity as provided under such Act, and +have not been expended by such entity, they shall remain with such +entity for carryover into the next fiscal year for expenditure by such +entity consistent with program purposes: Provided further, That the +Secretary shall establish procedures regarding the disposition of +intangible assets and program income that permit such assets acquired +with, and program income derived from, grant funds authorized under +section 680 of the CSBG Act to become the sole property of such +grantees after a period of not more than 12 years after the end of the +grant period for any activity consistent with section 680(a)(2)(A) of +the CSBG Act: Provided further, That intangible assets in the form of +loans, equity investments and other debt instruments, and program +income may be used by grantees for any eligible purpose consistent with +section 680(a)(2)(A) of the CSBG Act: Provided further, That these +procedures shall apply to such grant funds made available after +November 29, 1999: Provided further, That funds appropriated for +section 680(a)(2) of the CSBG Act shall be available for financing +construction and rehabilitation and loans or investments in private +business enterprises owned by community development corporations: +Provided further, That $175,000,000 shall be for carrying out section +303(a) of the Family Violence Prevention and Services Act, of which +$7,000,000 shall be allocated notwithstanding section 303(a)(2) of such +Act for carrying out section 309 of such Act: Provided further, That +the percentages specified in section 112(a)(2) of the Child Abuse +Prevention and Treatment Act shall not apply to funds appropriated +under this heading: Provided further, That $1,864,000 shall be for a +human services case management system for federally declared disasters, +to include a comprehensive national case management contract and +Federal costs of administering the system: Provided further, That up +to $2,000,000 shall be for improving the Public Assistance Reporting +Information System, including grants to States to support data +collection for a study of the system's effectiveness. + + promoting safe and stable families + + For carrying out, except as otherwise provided, section 436 of the +Social Security Act, $345,000,000 and, for carrying out, except as +otherwise provided, section 437 of such Act, $92,515,000: Provided, +That of the funds available to carry out section 437, $59,765,000 shall +be allocated consistent with subsections (b) through (d) of such +section: Provided further, That of the funds available to carry out +section 437, to assist in meeting the requirements described in section +471(e)(4)(C), $20,000,000 shall be for grants to each State, territory, +and Indian tribe operating title IV-E plans for developing, enhancing, +or evaluating kinship navigator programs, as described in section +427(a)(1) of such Act, $10,000,000, in addition to funds otherwise +appropriated in section 436 for such purposes, shall be for competitive +grants to regional partnerships as described in section 437(f), and +$2,750,000, in addition to funds otherwise appropriated in section 476 +for such purposes, for the Family First Clearinghouse: Provided +further, That section 437(b)(1) shall be applied to amounts in the +previous proviso by substituting ``5 percent'' for ``3.3 percent'', and +notwithstanding section 436(b)(1), such reserved amounts may be used +for identifying, establishing, and disseminating practices to meet the +criteria specified in section 471(e)(4)(C): Provided further, That the +reservation in section 437(b)(2) and the limitations in section 437(d) +shall not apply to funds specified in the second proviso: Provided +further, That the minimum grant award for kinship navigator programs in +the case of States and territories shall be $200,000, and, in the case +of tribes, shall be $25,000. + + payments for foster care and permanency + + For carrying out, except as otherwise provided, title IV-E of the +Social Security Act, $5,744,000,000. + For carrying out, except as otherwise provided, title IV-E of the +Social Security Act, for the first quarter of fiscal year 2021, +$3,000,000,000. + For carrying out, after May 31 of the current fiscal year, except +as otherwise provided, section 474 of title IV-E of the Social Security +Act, for the last 3 months of the current fiscal year for unanticipated +costs, incurred for the current fiscal year, such sums as may be +necessary. + + Administration for Community Living + + aging and disability services programs + + (including transfer of funds) + + For carrying out, to the extent not otherwise provided, the Older +Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the +Supporting Grandparents Raising Grandchildren Act, titles III and XXIX +of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of +the Medicare Improvements for Patients and Providers Act of 2008, title +XX-B of the Social Security Act, the Developmental Disabilities +Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title +II of the Help America Vote Act of 2002, the Assistive Technology Act +of 1998, titles II and VII (and section 14 with respect to such titles) +of the Rehabilitation Act of 1973, and for Department-wide coordination +of policy and program activities that assist individuals with +disabilities, $2,171,000,000, together with $52,115,000 to be +transferred from the Federal Hospital Insurance Trust Fund and the +Federal Supplementary Medical Insurance Trust Fund to carry out section +4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That +amounts appropriated under this heading may be used for grants to +States under section 361 of the OAA only for disease prevention and +health promotion programs and activities which have been demonstrated +through rigorous evaluation to be evidence-based and effective: +Provided further, That of amounts made available under this heading to +carry out sections 311, 331, and 336 of the OAA, up to one percent of +such amounts shall be available for developing and implementing +evidence-based practices for enhancing senior nutrition, including +medically-tailored meals: Provided further, That notwithstanding any +other provision of this Act, funds made available under this heading to +carry out section 311 of the OAA may be transferred to the Secretary of +Agriculture in accordance with such section: Provided further, That +$2,000,000 shall be for competitive grants to support alternative +financing programs that provide for the purchase of assistive +technology devices, such as a low-interest loan fund; an interest buy- +down program; a revolving loan fund; a loan guarantee; or an insurance +program: Provided further, That applicants shall provide an assurance +that, and information describing the manner in which, the alternative +financing program will expand and emphasize consumer choice and +control: Provided further, That State agencies and community-based +disability organizations that are directed by and operated for +individuals with disabilities shall be eligible to compete: Provided +further, That none of the funds made available under this heading may +be used by an eligible system (as defined in section 102 of the +Protection and Advocacy for Individuals with Mental Illness Act (42 +U.S.C. 10802)) to continue to pursue any legal action in a Federal or +State court on behalf of an individual or group of individuals with a +developmental disability (as defined in section 102(8)(A) of the +Developmental Disabilities and Assistance and Bill of Rights Act of +2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental +impairment (or a combination of mental and physical impairments), that +has as the requested remedy the closure of State operated intermediate +care facilities for people with intellectual or developmental +disabilities, unless reasonable public notice of the action has been +provided to such individuals (or, in the case of mental incapacitation, +the legal guardians who have been specifically awarded authority by the +courts to make healthcare and residential decisions on behalf of such +individuals) who are affected by such action, within 90 days of +instituting such legal action, which informs such individuals (or such +legal guardians) of their legal rights and how to exercise such rights +consistent with current Federal Rules of Civil Procedure: Provided +further, That the limitations in the immediately preceding proviso +shall not apply in the case of an individual who is neither competent +to consent nor has a legal guardian, nor shall the proviso apply in the +case of individuals who are a ward of the State or subject to public +guardianship. + + Office of the Secretary + + general departmental management + + For necessary expenses, not otherwise provided, for general +departmental management, including hire of six passenger motor +vehicles, and for carrying out titles III, XVII, XXI, and section 229 +of the PHS Act, the United States-Mexico Border Health Commission Act, +and research studies under section 1110 of the Social Security Act, +$479,629,000, together with $64,828,000 from the amounts available +under section 241 of the PHS Act to carry out national health or human +services research and evaluation activities: Provided, That of this +amount, $53,900,000 shall be for minority AIDS prevention and treatment +activities: Provided further, That of the funds made available under +this heading, $101,000,000 shall be for making competitive contracts +and grants to public and private entities to fund medically accurate +and age appropriate programs that reduce teen pregnancy and for the +Federal costs associated with administering and evaluating such +contracts and grants, of which not more than 10 percent of the +available funds shall be for training and technical assistance, +evaluation, outreach, and additional program support activities, and of +the remaining amount 75 percent shall be for replicating programs that +have been proven effective through rigorous evaluation to reduce +teenage pregnancy, behavioral risk factors underlying teenage +pregnancy, or other associated risk factors, and 25 percent shall be +available for research and demonstration grants to develop, replicate, +refine, and test additional models and innovative strategies for +preventing teenage pregnancy: Provided further, That of the amounts +provided under this heading from amounts available under section 241 of +the PHS Act, $6,800,000 shall be available to carry out evaluations +(including longitudinal evaluations) of teenage pregnancy prevention +approaches: Provided further, That of the funds made available under +this heading, $35,000,000 shall be for making competitive grants which +exclusively implement education in sexual risk avoidance (defined as +voluntarily refraining from non-marital sexual activity): Provided +further, That funding for such competitive grants for sexual risk +avoidance shall use medically accurate information referenced to peer- +reviewed publications by educational, scientific, governmental, or +health organizations; implement an evidence-based approach integrating +research findings with practical implementation that aligns with the +needs and desired outcomes for the intended audience; and teach the +benefits associated with self-regulation, success sequencing for +poverty prevention, healthy relationships, goal setting, and resisting +sexual coercion, dating violence, and other youth risk behaviors such +as underage drinking or illicit drug use without normalizing teen +sexual activity: Provided further, That no more than 10 percent of the +funding for such competitive grants for sexual risk avoidance shall be +available for technical assistance and administrative costs of such +programs: Provided further, That funds provided in this Act for embryo +adoption activities may be used to provide to individuals adopting +embryos, through grants and other mechanisms, medical and +administrative services deemed necessary for such adoptions: Provided +further, That such services shall be provided consistent with 42 CFR +59.5(a)(4): Provided further, That of the funds made available under +this heading, $5,000,000 shall be for carrying out prize competitions +sponsored by the Office of the Secretary to accelerate innovation in +the prevention, diagnosis, and treatment of kidney diseases (as +authorized by section 24 of the Stevenson-Wydler Technology Innovation +Act of 1980 (15 U.S.C. 3719)). + + medicare hearings and appeals + + For expenses necessary for Medicare hearings and appeals in the +Office of the Secretary, $191,881,000 shall remain available until +September 30, 2021, to be transferred in appropriate part from the +Federal Hospital Insurance Trust Fund and the Federal Supplementary +Medical Insurance Trust Fund. + + office of the national coordinator for health information technology + + For expenses necessary for the Office of the National Coordinator +for Health Information Technology, including grants, contracts, and +cooperative agreements for the development and advancement of +interoperable health information technology, $60,367,000. + + office of inspector general + + For expenses necessary for the Office of Inspector General, +including the hire of passenger motor vehicles for investigations, in +carrying out the provisions of the Inspector General Act of 1978, +$80,000,000: Provided, That of such amount, necessary sums shall be +available for providing protective services to the Secretary and +investigating non-payment of child support cases for which non-payment +is a Federal offense under 18 U.S.C. 228. + + office for civil rights + + For expenses necessary for the Office for Civil Rights, +$38,798,000. + + retirement pay and medical benefits for commissioned officers + + For retirement pay and medical benefits of Public Health Service +Commissioned Officers as authorized by law, for payments under the +Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, +and for medical care of dependents and retired personnel under the +Dependents' Medical Care Act, such amounts as may be required during +the current fiscal year. + + public health and social services emergency fund + + For expenses necessary to support activities related to countering +potential biological, nuclear, radiological, chemical, and +cybersecurity threats to civilian populations, and for other public +health emergencies, $1,037,458,000, of which $561,700,000 shall remain +available through September 30, 2021, for expenses necessary to support +advanced research and development pursuant to section 319L of the PHS +Act and other administrative expenses of the Biomedical Advanced +Research and Development Authority: Provided, That funds provided +under this heading for the purpose of acquisition of security +countermeasures shall be in addition to any other funds available for +such purpose: Provided further, That products purchased with funds +provided under this heading may, at the discretion of the Secretary, be +deposited in the Strategic National Stockpile pursuant to section 319F- +2 of the PHS Act: Provided further, That $5,000,000 of the amounts +made available to support emergency operations shall remain available +through September 30, 2022. + For expenses necessary for procuring security countermeasures (as +defined in section 319F-2(c)(1)(B) of the PHS Act), $735,000,000, to +remain available until expended. + For expenses necessary to carry out section 319F-2(a) of the PHS +Act, $705,000,000, to remain available until expended. + For an additional amount for expenses necessary to prepare for or +respond to an influenza pandemic, $260,000,000; of which $225,000,000 +shall be available until expended, for activities including the +development and purchase of vaccine, antivirals, necessary medical +supplies, diagnostics, and other surveillance tools: Provided, That +notwithstanding section 496(b) of the PHS Act, funds may be used for +the construction or renovation of privately owned facilities for the +production of pandemic influenza vaccines and other biologics, if the +Secretary finds such construction or renovation necessary to secure +sufficient supplies of such vaccines or biologics. + + General Provisions + + Sec. 201. Funds appropriated in this title shall be available for +not to exceed $50,000 for official reception and representation +expenses when specifically approved by the Secretary. + Sec. 202. None of the funds appropriated in this title shall be +used to pay the salary of an individual, through a grant or other +extramural mechanism, at a rate in excess of Executive Level II: +Provided, That none of the funds appropriated in this title shall be +used to prevent the NIH from paying up to 100 percent of the salary of +an individual at this rate. + Sec. 203. None of the funds appropriated in this Act may be +expended pursuant to section 241 of the PHS Act, except for funds +specifically provided for in this Act, or for other taps and +assessments made by any office located in HHS, prior to the preparation +and submission of a report by the Secretary to the Committees on +Appropriations of the House of Representatives and the Senate detailing +the planned uses of such funds. + Sec. 204. Notwithstanding section 241(a) of the PHS Act, such +portion as the Secretary shall determine, but not more than 2.5 +percent, of any amounts appropriated for programs authorized under such +Act shall be made available for the evaluation (directly, or by grants +or contracts) and the implementation and effectiveness of programs +funded in this title. + + (transfer of funds) + + Sec. 205. Not to exceed 1 percent of any discretionary funds +(pursuant to the Balanced Budget and Emergency Deficit Control Act of +1985) which are appropriated for the current fiscal year for HHS in +this Act may be transferred between appropriations, but no such +appropriation shall be increased by more than 3 percent by any such +transfer: Provided, That the transfer authority granted by this +section shall not be used to create any new program or to fund any +project or activity for which no funds are provided in this Act: +Provided further, That the Committees on Appropriations of the House of +Representatives and the Senate are notified at least 15 days in advance +of any transfer. + Sec. 206. In lieu of the timeframe specified in section 338E(c)(2) +of the PHS Act, terminations described in such section may occur up to +60 days after the effective date of a contract awarded in fiscal year +2020 under section 338B of such Act, or at any time if the individual +who has been awarded such contract has not received funds due under the +contract. + Sec. 207. None of the funds appropriated in this Act may be made +available to any entity under title X of the PHS Act unless the +applicant for the award certifies to the Secretary that it encourages +family participation in the decision of minors to seek family planning +services and that it provides counseling to minors on how to resist +attempts to coerce minors into engaging in sexual activities. + Sec. 208. Notwithstanding any other provision of law, no provider +of services under title X of the PHS Act shall be exempt from any State +law requiring notification or the reporting of child abuse, child +molestation, sexual abuse, rape, or incest. + Sec. 209. None of the funds appropriated by this Act (including +funds appropriated to any trust fund) may be used to carry out the +Medicare Advantage program if the Secretary denies participation in +such program to an otherwise eligible entity (including a Provider +Sponsored Organization) because the entity informs the Secretary that +it will not provide, pay for, provide coverage of, or provide referrals +for abortions: Provided, That the Secretary shall make appropriate +prospective adjustments to the capitation payment to such an entity +(based on an actuarially sound estimate of the expected costs of +providing the service to such entity's enrollees): Provided further, +That nothing in this section shall be construed to change the Medicare +program's coverage for such services and a Medicare Advantage +organization described in this section shall be responsible for +informing enrollees where to obtain information about all Medicare +covered services. + Sec. 210. None of the funds made available in this title may be +used, in whole or in part, to advocate or promote gun control. + Sec. 211. The Secretary shall make available through assignment +not more than 60 employees of the Public Health Service to assist in +child survival activities and to work in AIDS programs through and with +funds provided by the Agency for International Development, the United +Nations International Children's Emergency Fund or the World Health +Organization. + Sec. 212. In order for HHS to carry out international health +activities, including HIV/AIDS and other infectious disease, chronic +and environmental disease, and other health activities abroad during +fiscal year 2020: + (1) The Secretary may exercise authority equivalent to that + available to the Secretary of State in section 2(c) of the State + Department Basic Authorities Act of 1956. The Secretary shall + consult with the Secretary of State and relevant Chief of Mission + to ensure that the authority provided in this section is exercised + in a manner consistent with section 207 of the Foreign Service Act + of 1980 and other applicable statutes administered by the + Department of State. + (2) The Secretary is authorized to provide such funds by + advance or reimbursement to the Secretary of State as may be + necessary to pay the costs of acquisition, lease, alteration, + renovation, and management of facilities outside of the United + States for the use of HHS. The Department of State shall cooperate + fully with the Secretary to ensure that HHS has secure, safe, + functional facilities that comply with applicable regulation + governing location, setback, and other facilities requirements and + serve the purposes established by this Act. The Secretary is + authorized, in consultation with the Secretary of State, through + grant or cooperative agreement, to make available to public or + nonprofit private institutions or agencies in participating foreign + countries, funds to acquire, lease, alter, or renovate facilities + in those countries as necessary to conduct programs of assistance + for international health activities, including activities relating + to HIV/AIDS and other infectious diseases, chronic and + environmental diseases, and other health activities abroad. + (3) The Secretary is authorized to provide to personnel + appointed or assigned by the Secretary to serve abroad, allowances + and benefits similar to those provided under chapter 9 of title I + of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086 + and subject to such regulations prescribed by the Secretary. The + Secretary is further authorized to provide locality-based + comparability payments (stated as a percentage) up to the amount of + the locality-based comparability payment (stated as a percentage) + that would be payable to such personnel under section 5304 of title + 5, United States Code if such personnel's official duty station + were in the District of Columbia. Leaves of absence for personnel + under this subsection shall be on the same basis as that provided + under subchapter I of chapter 63 of title 5, United States Code, or + section 903 of the Foreign Service Act of 1980, to individuals + serving in the Foreign Service. + + (transfer of funds) + + Sec. 213. The Director of the NIH, jointly with the Director of +the Office of AIDS Research, may transfer up to 3 percent among +institutes and centers from the total amounts identified by these two +Directors as funding for research pertaining to the human +immunodeficiency virus: Provided, That the Committees on +Appropriations of the House of Representatives and the Senate are +notified at least 15 days in advance of any transfer. + + (transfer of funds) + + Sec. 214. Of the amounts made available in this Act for NIH, the +amount for research related to the human immunodeficiency virus, as +jointly determined by the Director of NIH and the Director of the +Office of AIDS Research, shall be made available to the ``Office of +AIDS Research'' account. The Director of the Office of AIDS Research +shall transfer from such account amounts necessary to carry out section +2353(d)(3) of the PHS Act. + Sec. 215. (a) Authority.--Notwithstanding any other provision of +law, the Director of NIH (``Director'') may use funds authorized under +section 402(b)(12) of the PHS Act to enter into transactions (other +than contracts, cooperative agreements, or grants) to carry out +research identified pursuant to or research and activities described in +such section 402(b)(12). + (b) Peer Review.--In entering into transactions under subsection +(a), the Director may utilize such peer review procedures (including +consultation with appropriate scientific experts) as the Director +determines to be appropriate to obtain assessments of scientific and +technical merit. Such procedures shall apply to such transactions in +lieu of the peer review and advisory council review procedures that +would otherwise be required under sections 301(a)(3), 405(b)(1)(B), +405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act. + Sec. 216. Not to exceed $45,000,000 of funds appropriated by this +Act to the institutes and centers of the National Institutes of Health +may be used for alteration, repair, or improvement of facilities, as +necessary for the proper and efficient conduct of the activities +authorized herein, at not to exceed $3,500,000 per project. + + (transfer of funds) + + Sec. 217. Of the amounts made available for NIH, 1 percent of the +amount made available for National Research Service Awards (``NRSA'') +shall be made available to the Administrator of the Health Resources +and Services Administration to make NRSA awards for research in primary +medical care to individuals affiliated with entities who have received +grants or contracts under sections 736, 739, or 747 of the PHS Act, and +1 percent of the amount made available for NRSA shall be made available +to the Director of the Agency for Healthcare Research and Quality to +make NRSA awards for health service research. + Sec. 218. (a) The Biomedical Advanced Research and Development +Authority (``BARDA'') may enter into a contract, for more than one but +no more than 10 program years, for purchase of research services or of +security countermeasures, as that term is defined in section 319F- +2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if-- + (1) funds are available and obligated-- + (A) for the full period of the contract or for the first + fiscal year in which the contract is in effect; and + (B) for the estimated costs associated with a necessary + termination of the contract; and + (2) the Secretary determines that a multi-year contract will + serve the best interests of the Federal Government by encouraging + full and open competition or promoting economy in administration, + performance, and operation of BARDA's programs. + (b) A contract entered into under this section-- + (1) shall include a termination clause as described by + subsection (c) of section 3903 of title 41, United States Code; and + (2) shall be subject to the congressional notice requirement + stated in subsection (d) of such section. + Sec. 219. (a) The Secretary shall publish in the fiscal year 2021 +budget justification and on Departmental Web sites information +concerning the employment of full-time equivalent Federal employees or +contractors for the purposes of implementing, administering, enforcing, +or otherwise carrying out the provisions of the ACA, and the amendments +made by that Act, in the proposed fiscal year and each fiscal year +since the enactment of the ACA. + (b) With respect to employees or contractors supported by all funds +appropriated for purposes of carrying out the ACA (and the amendments +made by that Act), the Secretary shall include, at a minimum, the +following information: + (1) For each such fiscal year, the section of such Act under + which such funds were appropriated, a statement indicating the + program, project, or activity receiving such funds, the Federal + operating division or office that administers such program, and the + amount of funding received in discretionary or mandatory + appropriations. + (2) For each such fiscal year, the number of full-time + equivalent employees or contracted employees assigned to each + authorized and funded provision detailed in accordance with + paragraph (1). + (c) In carrying out this section, the Secretary may exclude from +the report employees or contractors who-- + (1) are supported through appropriations enacted in laws other + than the ACA and work on programs that existed prior to the passage + of the ACA; + (2) spend less than 50 percent of their time on activities + funded by or newly authorized in the ACA; or + (3) work on contracts for which FTE reporting is not a + requirement of their contract, such as fixed-price contracts. + Sec. 220. The Secretary shall publish, as part of the fiscal year +2021 budget of the President submitted under section 1105(a) of title +31, United States Code, information that details the uses of all funds +used by the Centers for Medicare & Medicaid Services specifically for +Health Insurance Exchanges for each fiscal year since the enactment of +the ACA and the proposed uses for such funds for fiscal year 2021. Such +information shall include, for each such fiscal year, the amount of +funds used for each activity specified under the heading ``Health +Insurance Exchange Transparency'' in the explanatory statement +described in section 4 (in the matter preceding division A of this +consolidated Act). + Sec. 221. None of the funds made available by this Act from the +Federal Hospital Insurance Trust Fund or the Federal Supplemental +Medical Insurance Trust Fund, or transferred from other accounts funded +by this Act to the ``Centers for Medicare & Medicaid Services--Program +Management'' account, may be used for payments under section 1342(b)(1) +of Public Law 111-148 (relating to risk corridors). + + (transfer of funds) + + Sec. 222. (a) Within 45 days of enactment of this Act, the +Secretary shall transfer funds appropriated under section 4002 of the +ACA to the accounts specified, in the amounts specified, and for the +activities specified under the heading ``Prevention and Public Health +Fund'' in the explanatory statement described in section 4 (in the +matter preceding division A of this consolidated Act). + (b) Notwithstanding section 4002(c) of the ACA, the Secretary may +not further transfer these amounts. + (c) Funds transferred for activities authorized under section 2821 +of the PHS Act shall be made available without reference to section +2821(b) of such Act. + Sec. 223. Effective during the period beginning on November 1, +2015 and ending January 1, 2022, any provision of law that refers +(including through cross-reference to another provision of law) to the +current recommendations of the United States Preventive Services Task +Force with respect to breast cancer screening, mammography, and +prevention shall be administered by the Secretary involved as if-- + (1) such reference to such current recommendations were a + reference to the recommendations of such Task Force with respect to + breast cancer screening, mammography, and prevention last issued + before 2009; and + (2) such recommendations last issued before 2009 applied to any + screening mammography modality under section 1861(jj) of the Social + Security Act (42 U.S.C. 1395x(jj)). + Sec. 224. In making Federal financial assistance, the provisions +relating to indirect costs in part 75 of title 45, Code of Federal +Regulations, including with respect to the approval of deviations from +negotiated rates, shall continue to apply to the National Institutes of +Health to the same extent and in the same manner as such provisions +were applied in the third quarter of fiscal year 2017. None of the +funds appropriated in this or prior Acts or otherwise made available to +the Department of Health and Human Services or to any department or +agency may be used to develop or implement a modified approach to such +provisions, or to intentionally or substantially expand the fiscal +effect of the approval of such deviations from negotiated rates beyond +the proportional effect of such approvals in such quarter. + + (transfer of funds) + + Sec. 225. The NIH Director may transfer funds specifically +appropriated for opioid addiction, opioid alternatives, pain +management, and addiction treatment to other Institutes and Centers of +the NIH to be used for the same purpose 15 days after notifying the +Committees on Appropriations: Provided, That the transfer authority +provided in the previous proviso is in addition to any other transfer +authority provided by law. + Sec. 226. (a) The Secretary shall provide to the Committees on +Appropriations of the House of Representatives and the Senate: + (1) Detailed monthly enrollment figures from the Exchanges + established under the Patient Protection and Affordable Care Act of + 2010 pertaining to enrollments during the open enrollment period; + and + (2) Notification of any new or competitive grant awards, + including supplements, authorized under section 330 of the Public + Health Service Act. + (b) The Committees on Appropriations of the House and Senate must +be notified at least 2 business days in advance of any public release +of enrollment information or the award of such grants. + Sec. 227. In addition to the amounts otherwise available for +``Centers for Medicare & Medicaid Services, Program Management'', the +Secretary of Health and Human Services may transfer up to $305,000,000 +to such account from the Federal Hospital Insurance Trust Fund and the +Federal Supplementary Medical Insurance Trust Fund to support program +management activity related to the Medicare Program: Provided, That +except for the foregoing purpose, such funds may not be used to support +any provision of Public Law 111-148 or Public Law 111-152 (or any +amendment made by either such Public Law) or to supplant any other +amounts within such account. + Sec. 228. The Department of Health and Human Services shall +provide the Committees on Appropriations of the House of +Representatives and Senate a biannual report 30 days after enactment of +this Act on staffing described in the explanatory statement described +in section 4 (in the matter preceding division A of this consolidated +Act). + Sec. 229. Funds appropriated in this Act that are available for +salaries and expenses of employees of the Department of Health and +Human Services shall also be available to pay travel and related +expenses of such an employee or of a member of his or her family, when +such employee is assigned to duty, in the United States or in a U.S. +territory, during a period and in a location that are the subject of a +determination of a public health emergency under section 319 of the +Public Health Service Act and such travel is necessary to obtain +medical care for an illness, injury, or medical condition that cannot +be adequately addressed in that location at that time. For purposes of +this section, the term ``U.S. territory'' means Guam, the Commonwealth +of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, +American Samoa, or the Trust Territory of the Pacific Islands. + Sec. 230. The Department of Health and Human Services may accept +donations from the private sector, nongovernmental organizations, and +other groups independent of the Federal Government for the care of +unaccompanied alien children (as defined in section 462(g)(2) of the +Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the +Office of Refugee Resettlement of the Administration for Children and +Families, including medical goods and services, which may include early +childhood developmental screenings, school supplies, toys, clothing, +and any other items intended to promote the wellbeing of such children. + Sec. 231. (a) None of the funds provided by this or any prior +appropriations Act may be used to reverse changes in procedures made by +operational directives issued to providers by the Office of Refugee +Resettlement on December 18, 2018, March 23, 2019, and June 10, 2019 +regarding the Memorandum of Agreement on Information Sharing executed +April 13, 2018. + (b) Notwithstanding subsection (a), the Secretary may make changes +to such operational directives upon making a determination that such +changes are necessary to prevent unaccompanied alien children from +being placed in danger, and the Secretary shall provide a written +justification to Congress and the Inspector General of the Department +of Health and Human Services in advance of implementing such changes. + (c) Within 15 days of the Secretary's communication of the +justification, the Inspector General of the Department of Health and +Human Services shall provide an assessment, in writing, to the +Secretary and to Committees on Appropriations of the House of +Representatives and the Senate of whether such changes to operational +directives are necessary to prevent unaccompanied children from being +placed in danger. + Sec. 232. None of the funds made available in this Act under the +heading ``Department of Health and Human Services--Administration for +Children and Families--Refugee and Entrant Assistance'' may be +obligated to a grantee or contractor to house unaccompanied alien +children (as such term is defined in section 462(g)(2) of the Homeland +Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not +State-licensed for the care of unaccompanied alien children, except in +the case that the Secretary determines that housing unaccompanied alien +children in such a facility is necessary on a temporary basis due to an +influx of such children or an emergency, provided that-- + (1) the terms of the grant or contract for the operations of + any such facility that remains in operation for more than six + consecutive months shall require compliance with-- + (A) the same requirements as licensed placements, as listed + in Exhibit 1 of the Flores Settlement Agreement that the + Secretary determines are applicable to non-State licensed + facilities; and + (B) staffing ratios of one (1) on-duty Youth Care Worker + for every eight (8) children or youth during waking hours, one + (1) on-duty Youth Care Worker for every sixteen (16) children + or youth during sleeping hours, and clinician ratios to + children (including mental health providers) as required in + grantee cooperative agreements; + (2) the Secretary may grant a 60-day waiver for a contractor's + or grantee's non-compliance with paragraph (1) if the Secretary + certifies and provides a report to Congress on the contractor's or + grantee's good-faith efforts and progress towards compliance; + (3) not more than four consecutive waivers under paragraph (2) + may be granted to a contractor or grantee with respect to a + specific facility; + (4) ORR shall ensure full adherence to the monitoring + requirements set forth in section 5.5 of its Policies and + Procedures Guide as of May 15, 2019; + (5) for any such unlicensed facility in operation for more than + three consecutive months, ORR shall conduct a minimum of one + comprehensive monitoring visit during the first three months of + operation, with quarterly monitoring visits thereafter; and + (6) not later than 60 days after the date of enactment of this + Act, ORR shall brief the Committees on Appropriations of the House + of Representatives and the Senate outlining the requirements of ORR + for influx facilities including any requirement listed in paragraph + (1)(A) that the Secretary has determined are not applicable to non- + State licensed facilities. + Sec. 233. In addition to the existing Congressional notification +for formal site assessments of potential influx facilities, the +Secretary shall notify the Committees on Appropriations of the House of +Representatives and the Senate at least 15 days before operationalizing +an unlicensed facility, and shall (1) specify whether the facility is +hard-sided or soft-sided, and (2) provide analysis that indicates that, +in the absence of the influx facility, the likely outcome is that +unaccompanied alien children will remain in the custody of the +Department of Homeland Security for longer than 72 hours or that +unaccompanied alien children will be otherwise placed in danger. Within +60 days of bringing such a facility online, and monthly thereafter, the +Secretary shall provide to the Committees on Appropriations of the +House of Representatives and the Senate a report detailing the total +number of children in care at the facility, the average length of stay +and average length of care of children at the facility, and, for any +child that has been at the facility for more than 60 days, their length +of stay and reason for delay in release. + Sec. 234. None of the funds made available in this Act may be used +to prevent a United States Senator or Member of the House of +Representatives from entering, for the purpose of conducting oversight, +any facility in the United States used for the purpose of maintaining +custody of, or otherwise housing, unaccompanied alien children (as +defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 +U.S.C. 279(g)(2))), provided that such Senator or Member has +coordinated the oversight visit with the Office of Refugee Resettlement +not less than two business days in advance to ensure that such visit +would not interfere with the operations (including child welfare and +child safety operations) of such facility. + Sec. 235. Not later than 14 days after the date of enactment of +this Act, and monthly thereafter, the Secretary shall submit to the +Committees on Appropriations of the House of Representatives and the +Senate, and make publicly available online, a report with respect to +children who were separated from their parents or legal guardians by +the Department of Homeland Security (DHS) (regardless of whether or not +such separation was pursuant to an option selected by the children, +parents, or guardians), subsequently classified as unaccompanied alien +children, and transferred to the care and custody of ORR during the +previous month. Each report shall contain the following information: + (1) the number and ages of children so separated subsequent to + apprehension at or between ports of entry, to be reported by sector + where separation occurred; and + (2) the documented cause of separation, as reported by DHS when + each child was referred. + Sec. 236. Funds appropriated in this Act that are available for +salaries and expenses of employees of the Centers for Disease Control +and Prevention shall also be available for the primary and secondary +schooling of eligible dependents of personnel stationed in a U.S. +territory as defined in section 229 of this Act at costs not in excess +of those paid for or reimbursed by the Department of Defense. + Sec. 237. Of the unobligated balances available in the +``Nonrecurring Expenses Fund'' established in section 223 of division G +of Public Law 110-161, $225,000,000, in addition to any funds otherwise +made available for such purpose in this or subsequent fiscal years, +shall be available for buildings and facilities at the National +Institutes of Health. + Sec. 238. Of the unobligated balances available in the +``Nonrecurring Expenses Fund'' established in section 223 of division G +of Public Law 110-161, $225,000,000, shall be available for acquisition +of real property, equipment, construction, demolition, installation, +renovation of facilities, and related infrastructure improvements for +the Centers for Disease Control and Prevention's Chamblee Campus. + Sec. 239. Of the funds provided under the heading ``CDC-Wide +Activities and Program Support'', $85,000,000, to remain available +until expended, shall be available to the Director of the CDC for +deposit in the Infectious Diseases Rapid Response Reserve Fund +established by section 231 of division B of Public Law 115-245: +Provided, That such amount may be available for Ebola preparedness and +response activities without regard to the limitations in the third +proviso in such section 231. + + (rescission) + + Sec. 240. Of the unobligated balances in the ``Nonrecurring +Expenses Fund'' established in section 223 of division G of Public Law +110-161, $350,000,000 are hereby rescinded not later than September 30, +2020. + This title may be cited as the ``Department of Health and Human +Services Appropriations Act, 2020''. + + TITLE III + + DEPARTMENT OF EDUCATION + + Education for the Disadvantaged + + For carrying out title I and subpart 2 of part B of title II of the +Elementary and Secondary Education Act of 1965 (referred to in this Act +as ``ESEA'') and section 418A of the Higher Education Act of 1965 +(referred to in this Act as ``HEA''), $16,996,790,000, of which +$6,077,990,000 shall become available on July 1, 2020, and shall remain +available through September 30, 2021, and of which $10,841,177,000 +shall become available on October 1, 2020, and shall remain available +through September 30, 2021, for academic year 2020-2021: Provided, +That $6,459,401,000 shall be for basic grants under section 1124 of the +ESEA: Provided further, That up to $5,000,000 of these funds shall be +available to the Secretary of Education (referred to in this title as +``Secretary'') on October 1, 2019, to obtain annually updated local +educational agency-level census poverty data from the Bureau of the +Census: Provided further, That $1,362,301,000 shall be for +concentration grants under section 1124A of the ESEA: Provided +further, That $4,244,050,000 shall be for targeted grants under section +1125 of the ESEA: Provided further, That $4,244,050,000 shall be for +education finance incentive grants under section 1125A of the ESEA: +Provided further, That $219,000,000 shall be for carrying out subpart 2 +of part B of title II: Provided further, That $45,623,000 shall be for +carrying out section 418A of the HEA. + + Impact Aid + + For carrying out programs of financial assistance to federally +affected schools authorized by title VII of the ESEA, $1,486,112,000, +of which $1,340,242,000 shall be for basic support payments under +section 7003(b), $48,316,000 shall be for payments for children with +disabilities under section 7003(d), $17,406,000 shall be for +construction under section 7007(a), $75,313,000 shall be for Federal +property payments under section 7002, and $4,835,000, to remain +available until expended, shall be for facilities maintenance under +section 7008: Provided, That for purposes of computing the amount of a +payment for an eligible local educational agency under section 7003(a) +for school year 2019-2020, children enrolled in a school of such agency +that would otherwise be eligible for payment under section +7003(a)(1)(B) of such Act, but due to the deployment of both parents or +legal guardians, or a parent or legal guardian having sole custody of +such children, or due to the death of a military parent or legal +guardian while on active duty (so long as such children reside on +Federal property as described in section 7003(a)(1)(B)), are no longer +eligible under such section, shall be considered as eligible students +under such section, provided such students remain in average daily +attendance at a school in the same local educational agency they +attended prior to their change in eligibility status. + + School Improvement Programs + + For carrying out school improvement activities authorized by part B +of title I, part A of title II, subpart 1 of part A of title IV, part B +of title IV, part B of title V, and parts B and C of title VI of the +ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the +Educational Technical Assistance Act of 2002; the Compact of Free +Association Amendments Act of 2003; and the Civil Rights Act of 1964, +$5,404,967,000, of which $3,575,402,000 shall become available on July +1, 2020, and remain available through September 30, 2021, and of which +$1,681,441,000 shall become available on October 1, 2020, and shall +remain available through September 30, 2021, for academic year 2020- +2021: Provided, That $378,000,000 shall be for part B of title I: +Provided further, That $1,249,673,000 shall be for part B of title IV: +Provided further, That $36,897,000 shall be for part B of title VI, +which may be used for construction, renovation, and modernization of +any public elementary school, secondary school, or structure related to +a public elementary school or secondary school that serves a +predominantly Native Hawaiian student body, and that the 5 percent +limitation in section 6205(b) of the ESEA on the use of funds for +administrative purposes shall apply only to direct administrative +costs: Provided further, That $35,953,000 shall be for part C of title +VI, which shall be awarded on a competitive basis, and may be used for +construction, and that the 5 percent limitation in section 6305 of the +ESEA on the use of funds for administrative purposes shall apply only +to direct administrative costs: Provided further, That $52,000,000 +shall be available to carry out section 203 of the Educational +Technical Assistance Act of 2002 and the Secretary shall make such +arrangements as determined to be necessary to ensure that the Bureau of +Indian Education has access to services provided under this section: +Provided further, That $16,699,000 shall be available to carry out the +Supplemental Education Grants program for the Federated States of +Micronesia and the Republic of the Marshall Islands: Provided further, +That the Secretary may reserve up to 5 percent of the amount referred +to in the previous proviso to provide technical assistance in the +implementation of these grants: Provided further, That $185,840,000 +shall be for part B of title V: Provided further, That $1,210,000,000 +shall be available for grants under subpart 1 of part A of title IV. + + Indian Education + + For expenses necessary to carry out, to the extent not otherwise +provided, title VI, part A of the ESEA, $180,739,000, of which +$67,993,000 shall be for subpart 2 of part A of title VI and $7,365,000 +shall be for subpart 3 of part A of title VI: Provided, That the 5 +percent limitation in sections 6115(d), 6121(e), and 6133(g) of the +ESEA on the use of funds for administrative purposes shall apply only +to direct administrative costs. + + Innovation and Improvement + + For carrying out activities authorized by subparts 1, 3 and 4 of +part B of title II, and parts C, D, and E and subparts 1 and 4 of part +F of title IV of the ESEA, $1,103,815,000: Provided, That $284,815,000 +shall be for subparts 1, 3 and 4 of part B of title II and shall be +made available without regard to sections 2201, 2231(b) and 2241: +Provided further, That $629,000,000 shall be for parts C, D, and E and +subpart 4 of part F of title IV, and shall be made available without +regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided +further, That section 4303(d)(3)(A)(i) shall not apply to the funds +available for part C of title IV: Provided further, That of the funds +available for part C of title IV, the Secretary shall use $60,000,000 +to carry out section 4304, of which not more than $10,000,000 shall be +available to carry out section 4304(k), $140,000,000, to remain +available through March 31, 2021, to carry out section 4305(b), and not +more than $15,000,000 to carry out the activities in section +4305(a)(3): Provided further, That notwithstanding section 4601(b), +$190,000,000 shall be available through December 31, 2020 for subpart 1 +of part F of title IV. + + Safe Schools and Citizenship Education + + For carrying out activities authorized by subparts 2 and 3 of part +F of title IV of the ESEA, $210,000,000: Provided, That $105,000,000 +shall be available for section 4631, of which up to $5,000,000, to +remain available until expended, shall be for the Project School +Emergency Response to Violence (Project SERV) program: Provided +further, That $25,000,000 shall be available for section 4625: +Provided further, That $80,000,000 shall be available through December +31, 2020, for section 4624, of which $6,000,000 shall be for additional +two-year extension awards to grantees that received such awards in +fiscal year 2018. + + English Language Acquisition + + For carrying out part A of title III of the ESEA, $787,400,000, +which shall become available on July 1, 2020, and shall remain +available through September 30, 2021, except that 6.5 percent of such +amount shall be available on October 1, 2019, and shall remain +available through September 30, 2021, to carry out activities under +section 3111(c)(1)(C). + + Special Education + + For carrying out the Individuals with Disabilities Education Act +(IDEA) and the Special Olympics Sport and Empowerment Act of 2004, +$13,885,228,000, of which $4,352,129,000 shall become available on July +1, 2020, and shall remain available through September 30, 2021, and of +which $9,283,383,000 shall become available on October 1, 2020, and +shall remain available through September 30, 2021, for academic year +2020-2021: Provided, That the amount for section 611(b)(2) of the IDEA +shall be equal to the lesser of the amount available for that activity +during fiscal year 2019, increased by the amount of inflation as +specified in section 619(d)(2)(B) of the IDEA, or the percent change in +the funds appropriated under section 611(i) of the IDEA, but not less +than the amount for that activity during fiscal year 2019: Provided +further, That the Secretary shall, without regard to section 611(d) of +the IDEA, distribute to all other States (as that term is defined in +section 611(g)(2)), subject to the third proviso, any amount by which a +State's allocation under section 611, from funds appropriated under +this heading, is reduced under section 612(a)(18)(B), according to the +following: 85 percent on the basis of the States' relative populations +of children aged 3 through 21 who are of the same age as children with +disabilities for whom the State ensures the availability of a free +appropriate public education under this part, and 15 percent to States +on the basis of the States' relative populations of those children who +are living in poverty: Provided further, That the Secretary may not +distribute any funds under the previous proviso to any State whose +reduction in allocation from funds appropriated under this heading made +funds available for such a distribution: Provided further, That the +States shall allocate such funds distributed under the second proviso +to local educational agencies in accordance with section 611(f): +Provided further, That the amount by which a State's allocation under +section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and +the amounts distributed to States under the previous provisos in fiscal +year 2012 or any subsequent year shall not be considered in calculating +the awards under section 611(d) for fiscal year 2013 or for any +subsequent fiscal years: Provided further, That, notwithstanding the +provision in section 612(a)(18)(B) regarding the fiscal year in which a +State's allocation under section 611(d) is reduced for failure to +comply with the requirement of section 612(a)(18)(A), the Secretary may +apply the reduction specified in section 612(a)(18)(B) over a period of +consecutive fiscal years, not to exceed five, until the entire +reduction is applied: Provided further, That the Secretary may, in any +fiscal year in which a State's allocation under section 611 is reduced +in accordance with section 612(a)(18)(B), reduce the amount a State may +reserve under section 611(e)(1) by an amount that bears the same +relation to the maximum amount described in that paragraph as the +reduction under section 612(a)(18)(B) bears to the total allocation the +State would have received in that fiscal year under section 611(d) in +the absence of the reduction: Provided further, That the Secretary +shall either reduce the allocation of funds under section 611 for any +fiscal year following the fiscal year for which the State fails to +comply with the requirement of section 612(a)(18)(A) as authorized by +section 612(a)(18)(B), or seek to recover funds under section 452 of +the General Education Provisions Act (20 U.S.C. 1234a): Provided +further, That the funds reserved under 611(c) of the IDEA may be used +to provide technical assistance to States to improve the capacity of +the States to meet the data collection requirements of sections 616 and +618 and to administer and carry out other services and activities to +improve data collection, coordination, quality, and use under parts B +and C of the IDEA: Provided further, That the Secretary may use funds +made available for the State Personnel Development Grants program under +part D, subpart 1 of IDEA to evaluate program performance under such +subpart: Provided further, That States may use funds reserved for +other State-level activities under sections 611(e)(2) and 619(f) of the +IDEA to make subgrants to local educational agencies, institutions of +higher education, other public agencies, and private non-profit +organizations to carry out activities authorized by those sections: +Provided further, That, notwithstanding section 643(e)(2)(A) of the +IDEA, if 5 or fewer States apply for grants pursuant to section 643(e) +of such Act, the Secretary shall provide a grant to each State in an +amount equal to the maximum amount described in section 643(e)(2)(B) of +such Act: Provided further, That if more than 5 States apply for +grants pursuant to section 643(e) of the IDEA, the Secretary shall +award funds to those States on the basis of the States' relative +populations of infants and toddlers except that no such State shall +receive a grant in excess of the amount described in section +643(e)(2)(B) of such Act. + + Rehabilitation Services + + For carrying out, to the extent not otherwise provided, the +Rehabilitation Act of 1973 and the Helen Keller National Center Act, +$3,747,739,000, of which $3,610,040,000 shall be for grants for +vocational rehabilitation services under title I of the Rehabilitation +Act: Provided, That the Secretary may use amounts provided in this Act +that remain available subsequent to the reallotment of funds to States +pursuant to section 110(b) of the Rehabilitation Act for innovative +activities aimed at improving the outcomes of individuals with +disabilities as defined in section 7(20)(B) of the Rehabilitation Act, +including activities aimed at improving the education and post-school +outcomes of children receiving Supplemental Security Income (``SSI'') +and their families that may result in long-term improvement in the SSI +child recipient's economic status and self-sufficiency: Provided +further, That States may award subgrants for a portion of the funds to +other public and private, nonprofit entities: Provided further, That +any funds made available subsequent to reallotment for innovative +activities aimed at improving the outcomes of individuals with +disabilities shall remain available until September 30, 2021. + + Special Institutions for Persons With Disabilities + + american printing house for the blind + + For carrying out the Act to Promote the Education of the Blind of +March 3, 1879, $32,431,000. + + national technical institute for the deaf + + For the National Technical Institute for the Deaf under titles I +and II of the Education of the Deaf Act of 1986, $79,500,000: +Provided, That from the total amount available, the Institute may at +its discretion use funds for the endowment program as authorized under +section 207 of such Act. + + gallaudet university + + For the Kendall Demonstration Elementary School, the Model +Secondary School for the Deaf, and the partial support of Gallaudet +University under titles I and II of the Education of the Deaf Act of +1986, $137,361,000: Provided, That from the total amount available, +the University may at its discretion use funds for the endowment +program as authorized under section 207 of such Act. + + Career, Technical, and Adult Education + + For carrying out, to the extent not otherwise provided, the Carl D. +Perkins Career and Technical Education Act of 2006 (``Perkins Act'') +and the Adult Education and Family Literacy Act (``AEFLA''), +$1,960,686,000, of which $1,169,686,000 shall become available on July +1, 2020, and shall remain available through September 30, 2021, and of +which $791,000,000 shall become available on October 1, 2020, and shall +remain available through September 30, 2021: Provided, That of the +amounts made available for AEFLA, $13,712,000 shall be for national +leadership activities under section 242. + + Student Financial Assistance + + For carrying out subparts 1, 3, and 10 of part A, and part C of +title IV of the HEA, $24,520,352,000 which shall remain available +through September 30, 2021. + The maximum Pell Grant for which a student shall be eligible during +award year 2020-2021 shall be $5,285. + + Student Aid Administration + + For Federal administrative expenses to carry out part D of title I, +and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of +title IV of the HEA, and subpart 1 of part A of title VII of the Public +Health Service Act, $1,768,943,000, to remain available through +September 30, 2021: Provided, That the Secretary shall allocate new +student loan borrower accounts to eligible student loan servicers on +the basis of their past performance compared to all loan servicers +utilizing established common metrics, and on the basis of the capacity +of each servicer to process new and existing accounts: Provided +further, That for student loan contracts awarded prior to October 1, +2017, the Secretary shall allow student loan borrowers who are +consolidating Federal student loans to select from any student loan +servicer to service their new consolidated student loan: Provided +further, That in order to promote accountability and high-quality +service to borrowers, the Secretary shall not award funding for any +contract solicitation for a new Federal student loan servicing +environment, including the solicitation for the Federal Student Aid +(FSA) Next Generation Processing and Servicing Environment, unless such +an environment provides for the participation of multiple student loan +servicers that contract directly with the Department of Education to +manage a unique portfolio of borrower accounts and the full life-cycle +of loans from disbursement to pay-off with certain limited exceptions, +and allocates student loan borrower accounts to eligible student loan +servicers based on performance: Provided further, That the Department +shall re-allocate accounts from servicers for recurring non-compliance +with FSA guidelines, contractual requirements, and applicable laws, +including for failure to sufficiently inform borrowers of available +repayment options: Provided further, That such servicers shall be +evaluated based on their ability to meet contract requirements +(including an understanding of Federal and State law), future +performance on the contracts, and history of compliance with applicable +consumer protections laws: Provided further, That to the extent FSA +permits student loan servicing subcontracting, FSA shall hold prime +contractors accountable for meeting the requirements of the contract, +and the performance and expectations of subcontractors shall be +accounted for in the prime contract and in the overall performance of +the prime contractor: Provided further, That FSA shall ensure that the +Next Generation Processing and Servicing Environment, or any new +Federal loan servicing environment, incentivize more support to +borrowers at risk of delinquency or default: Provided further, That +FSA shall ensure that in such environment contractors have the capacity +to meet and are held accountable for performance on service levels; are +held accountable for and have a history of compliance with applicable +consumer protection laws; and have relevant experience and demonstrated +effectiveness: Provided further, That the Secretary shall provide +quarterly briefings to the Committees on Appropriations and Education +and Labor of the House of Representatives and the Committees on +Appropriations and Health, Education, Labor, and Pensions of the Senate +on general progress related to solicitations for Federal student loan +servicing contracts: Provided further, That FSA shall strengthen +transparency through expanded publication of aggregate data on student +loan and servicer performance. + + Higher Education + + For carrying out, to the extent not otherwise provided, titles II, +III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and +Cultural Exchange Act of 1961, and section 117 of the Perkins Act, +$2,475,792,000, of which $24,500,000 shall remain available through +December 31, 2020: Provided, That notwithstanding any other provision +of law, funds made available in this Act to carry out title VI of the +HEA and section 102(b)(6) of the Mutual Educational and Cultural +Exchange Act of 1961 may be used to support visits and study in foreign +countries by individuals who are participating in advanced foreign +language training and international studies in areas that are vital to +United States national security and who plan to apply their language +skills and knowledge of these countries in the fields of government, +the professions, or international development: Provided further, That +of the funds referred to in the preceding proviso up to 1 percent may +be used for program evaluation, national outreach, and information +dissemination activities: Provided further, That up to 1.5 percent of +the funds made available under chapter 2 of subpart 2 of part A of +title IV of the HEA may be used for evaluation. + + Howard University + + For partial support of Howard University, $240,018,000, of which +not less than $3,405,000 shall be for a matching endowment grant +pursuant to the Howard University Endowment Act and shall remain +available until expended. + + College Housing and Academic Facilities Loans Program + + For Federal administrative expenses to carry out activities related +to existing facility loans pursuant to section 121 of the HEA, +$435,000. + + Historically Black College and University Capital Financing Program + Account + + For the cost of guaranteed loans, $20,150,000, as authorized +pursuant to part D of title III of the HEA, which shall remain +available through September 30, 2021: Provided, That such costs, +including the cost of modifying such loans, shall be as defined in +section 502 of the Congressional Budget Act of 1974: Provided further, +That these funds are available to subsidize total loan principal, any +part of which is to be guaranteed, not to exceed $212,100,000: +Provided further, That these funds may be used to support loans to +public and private Historically Black Colleges and Universities without +regard to the limitations within section 344(a) of the HEA. + In addition, $16,000,000 shall be made available to provide for the +deferment of loans made under part D of title III of the HEA to +eligible institutions that are private Historically Black Colleges and +Universities, which apply for the deferment of such a loan and +demonstrate financial need for such deferment by having a score of 2.6 +or less on the Department of Education's financial responsibility test: + Provided, That the loan has not been paid in full and is not paid in +full during the period of deferment: Provided further, That during the +period of deferment of such a loan, interest on the loan will not +accrue or be capitalized, and the period of deferment shall be for at +least a period of 3-fiscal years and not more than 6-fiscal years: +Provided further, That funds available under this paragraph shall be +used to fund eligible deferment requests submitted for this purpose in +fiscal year 2018: Provided further, That the Secretary shall create +and execute an outreach plan to work with States and the Capital +Financing Advisory Board to improve outreach to States and help +additional public Historically Black Colleges and Universities +participate in the program. + In addition, $10,000,000 shall be made available to provide for the +deferment of loans made under part D of title III of the HEA to +eligible institutions that are public Historically Black Colleges and +Universities, which apply for the deferment of such a loan and +demonstrate financial need for such deferment, which shall be +determined by the Secretary of Education based on factors including, +but not limited to, equal to or greater than 5 percent of the school's +operating revenue relative to its annual debt service payment: +Provided, That during the period of deferment of such a loan, interest +on the loan will not accrue or be capitalized, and the period of +deferment shall be for at least a period of 3-fiscal years and not more +than 6-fiscal years. + In addition, for administrative expenses to carry out the +Historically Black College and University Capital Financing Program +entered into pursuant to part D of title III of the HEA, $334,000. + + Institute of Education Sciences + + For carrying out activities authorized by the Education Sciences +Reform Act of 2002, the National Assessment of Educational Progress +Authorization Act, section 208 of the Educational Technical Assistance +Act of 2002, and section 664 of the Individuals with Disabilities +Education Act, $623,462,000, which shall remain available through +September 30, 2021: Provided, That funds available to carry out +section 208 of the Educational Technical Assistance Act may be used to +link Statewide elementary and secondary data systems with early +childhood, postsecondary, and workforce data systems, or to further +develop such systems: Provided further, That up to $6,000,000 of the +funds available to carry out section 208 of the Educational Technical +Assistance Act may be used for awards to public or private +organizations or agencies to support activities to improve data +coordination, quality, and use at the local, State, and national +levels. + + Departmental Management + + program administration + + For carrying out, to the extent not otherwise provided, the +Department of Education Organization Act, including rental of +conference rooms in the District of Columbia and hire of three +passenger motor vehicles, $430,000,000: Provided, That, +notwithstanding any other provision of law, none of the funds provided +by this Act or provided by previous Appropriations Acts to the +Department of Education available for obligation or expenditure in the +current fiscal year may be used for any activity relating to +implementing a reorganization that decentralizes, reduces the staffing +level, or alters the responsibilities, structure, authority, or +functionality of the Budget Service of the Department of Education, +relative to the organization and operation of the Budget Service as in +effect on January 1, 2018. + + office for civil rights + + For expenses necessary for the Office for Civil Rights, as +authorized by section 203 of the Department of Education Organization +Act, $130,000,000. + + office of inspector general + + For expenses necessary for the Office of Inspector General, as +authorized by section 212 of the Department of Education Organization +Act, $63,000,000. + + General Provisions + + Sec. 301. No funds appropriated in this Act may be used to prevent +the implementation of programs of voluntary prayer and meditation in +the public schools. + + (transfer of funds) + + Sec. 302. Not to exceed 1 percent of any discretionary funds +(pursuant to the Balanced Budget and Emergency Deficit Control Act of +1985) which are appropriated for the Department of Education in this +Act may be transferred between appropriations, but no such +appropriation shall be increased by more than 3 percent by any such +transfer: Provided, That the transfer authority granted by this +section shall not be used to create any new program or to fund any +project or activity for which no funds are provided in this Act: +Provided further, That the Committees on Appropriations of the House of +Representatives and the Senate are notified at least 15 days in advance +of any transfer. + Sec. 303. Funds appropriated in this Act and consolidated for +evaluation purposes under section 8601(c) of the ESEA shall be +available from July 1, 2020, through September 30, 2021. + Sec. 304. (a) An institution of higher education that maintains an +endowment fund supported with funds appropriated for title III or V of +the HEA for fiscal year 2020 may use the income from that fund to award +scholarships to students, subject to the limitation in section +331(c)(3)(B)(i) of the HEA. The use of such income for such purposes, +prior to the enactment of this Act, shall be considered to have been an +allowable use of that income, subject to that limitation. + (b) Subsection (a) shall be in effect until titles III and V of the +HEA are reauthorized. + Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is +amended by striking ``2019'' and inserting ``2020''. + Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is +amended in paragraph (4) by striking ``2019'' and inserting ``2020''. + Sec. 307. Funds appropriated in this Act under the heading +``Student Aid Administration'' may be available for payments for +student loan servicing to an institution of higher education that +services outstanding Federal Perkins Loans under part E of title IV of +the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.). + + (rescission) + + Sec. 308. Of the unobligated balances available under the heading +``Student Financial Assistance'' for carrying out subpart 1 of part A +of title IV of the HEA, $500,000,000 are hereby rescinded. + Sec. 309. Of the amounts appropriated under Section +401(b)(7)(A)(iv)(X) of the Higher Education Act of 1965 (20 U.S.C. +1070a(b)(7)(A)(iv)(X)), $50,000,000 are hereby rescinded. + Sec. 310. The Elementary and Secondary Education Act of 1965 (20 +U.S.C. 6301 et seq) is amended--(1) in the part heading for part B of +title IV, by inserting ``NITA M. LOWEY'' before ``21ST''; and (2) in +the table of contents of that Act, by striking the part heading for +part B of title IV and inserting the following: ``PART B--NITA M. LOWEY +21ST CENTURY COMMUNITY LEARNING CENTERS''. + Sec. 311. (a) In General.--For the purpose of carrying out 34 CFR +Sec. 668.206(a)(1), the Secretary of Education may waive the +requirements under 34 CFR Sec. 668.213(b)(1) for an institution of +higher education that offers an associate degree, is a public +institution, and is located in an economically distressed county, +defined as a county with a poverty rate of at least 25 percent based on +the U.S. Census Bureau's Small Area Income and Poverty Estimate program +data for 2017 that was impacted by Hurricane Matthew. + (b) Applicability.--Subsection (a) shall apply to an institution of +higher education that otherwise would be ineligible to participate in a +program under part D of title IV of the Higher Education Act of 1965 on +or after the date of enactment of this Act due to the application of 34 +CFR Sec. 668.206(a)(1). + (c) Coverage.--This section shall be in effect for the period +covered by this Act and for the succeeding fiscal year. + Sec. 312. Of the amounts made available under this title under the +heading ``Student Aid Administration'', $2,300,000 shall be used by the +Secretary of Education to conduct outreach to borrowers of loans made +under part D of title IV of the Higher Education Act of 1965 who may +intend to qualify for loan cancellation under section 455(m) of such +Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the +terms and conditions of such loan cancellation: Provided, That the +Secretary shall specifically conduct outreach to assist borrowers who +would qualify for loan cancellation under section 455(m) of such Act +except that the borrower has made some, or all, of the 120 required +payments under a repayment plan that is not described under section +455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying +repayment plan: Provided further, That the Secretary shall also +communicate to all Direct Loan borrowers the full requirements of +section 455(m) of such Act and improve the filing of employment +certification by providing improved outreach and information such as +outbound calls, electronic communications, ensuring prominent access to +program requirements and benefits on each servicer's website, and +creating an option for all borrowers to complete the entire payment +certification process electronically and on a centralized website. + Sec. 313. None of the funds made available by this Act may be used +in contravention of section 203 of the Department of Education +Organization Act (20 U.S.C. 3413). + Sec. 314. For an additional amount for ``Department of Education-- +Federal Direct Student Loan Program Account'', $50,000,000, to remain +available until expended, shall be for the cost, as defined under +section 502 of the Congressional Budget Act of 1974, of the Secretary +of Education providing loan cancellation in the same manner as under +section 455(m) of the Higher Education Act of 1965 (20 U.S.C. +1087e(m)), for borrowers of loans made under part D of title IV of such +Act who would qualify for loan cancellation under section 455(m) except +some, or all, of the 120 required payments under section 455(m)(1)(A) +do not qualify for purposes of the program because they were monthly +payments made in accordance with graduated or extended repayment plans +as described under subparagraph (B) or (C) of section 455(d)(1) or the +corresponding repayment plan for a consolidation loan made under +section 455(g) and that were less than the amount calculated under +section 455(d)(1)(A), based on a 10-year repayment period: Provided, +That the monthly payment made 12 months before the borrower applied for +loan cancellation as described in the matter preceding this proviso and +the most recent monthly payment made by the borrower at the time of +such application were each not less than the monthly amount that would +be calculated under, and for which the borrower would otherwise qualify +for, clause (i) or (iv) of section 455(m)(1)(A) regarding income-based +or income-contingent repayment plans, with exception for a borrower who +would have otherwise been eligible under this section but demonstrates +an unusual fluctuation of income over the past 5 years: Provided +further, That the total loan volume, including outstanding principal, +fees, capitalized interest, or accrued interest, at application that is +eligible for such loan cancellation by such borrowers shall not exceed +$75,000,000: Provided further, That the Secretary shall develop and +make available a simple method for borrowers to apply for loan +cancellation under this section within 60 days of enactment of this +Act: Provided further, That the Secretary shall provide loan +cancellation under this section to eligible borrowers on a first-come, +first-serve basis, based on the date of application and subject to both +the limitation on total loan volume at application for such loan +cancellation specified in the second proviso and the availability of +appropriations under this section: Provided further, That no borrower +may, for the same service, receive a reduction of loan obligations +under both this section and section 428J, 428K, 428L, or 460 of such +Act. + This title may be cited as the ``Department of Education +Appropriations Act, 2020''. + + TITLE IV + + RELATED AGENCIES + + Committee for Purchase From People Who Are Blind or Severely Disabled + + salaries and expenses + + For expenses necessary for the Committee for Purchase From People +Who Are Blind or Severely Disabled (referred to in this title as ``the +Committee'') established under section 8502 of title 41, United States +Code, $10,000,000: Provided, That in order to authorize any central +nonprofit agency designated pursuant to section 8503(c) of title 41, +United States Code, to perform requirements of the Committee as +prescribed under section 51-3.2 of title 41, Code of Federal +Regulations, the Committee shall enter into a written agreement with +any such central nonprofit agency: Provided further, That such +agreement shall contain such auditing, oversight, and reporting +provisions as necessary to implement chapter 85 of title 41, United +States Code: Provided further, That such agreement shall include the +elements listed under the heading ``Committee For Purchase From People +Who Are Blind or Severely Disabled--Written Agreement Elements'' in the +explanatory statement described in section 4 of Public Law 114-113 (in +the matter preceding division A of that consolidated Act): Provided +further, That any such central nonprofit agency may not charge a fee +under section 51-3.5 of title 41, Code of Federal Regulations, prior to +executing a written agreement with the Committee: Provided further, +That no less than $1,650,000 shall be available for the Office of +Inspector General. + + Corporation for National and Community Service + + operating expenses + + For necessary expenses for the Corporation for National and +Community Service (referred to in this title as ``CNCS'') to carry out +the Domestic Volunteer Service Act of 1973 (referred to in this title +as ``1973 Act'') and the National and Community Service Act of 1990 +(referred to in this title as ``1990 Act''), $806,529,000, +notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and +501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided +under this heading: (1) up to 1 percent of program grant funds may be +used to defray the costs of conducting grant application reviews, +including the use of outside peer reviewers and electronic management +of the grants cycle; (2) $17,538,000 shall be available to provide +assistance to State commissions on national and community service, +under section 126(a) of the 1990 Act and notwithstanding section +501(a)(5)(B) of the 1990 Act; (3) $32,500,000 shall be available to +carry out subtitle E of the 1990 Act; and (4) $6,400,000 shall be +available for expenses authorized under section 501(a)(4)(F) of the +1990 Act, which, notwithstanding the provisions of section 198P shall +be awarded by CNCS on a competitive basis: Provided further, That for +the purposes of carrying out the 1990 Act, satisfying the requirements +in section 122(c)(1)(D) may include a determination of need by the +local community. + + payment to the national service trust + + (including transfer of funds) + + For payment to the National Service Trust established under +subtitle D of title I of the 1990 Act, $208,342,000, to remain +available until expended: Provided, That CNCS may transfer additional +funds from the amount provided within ``Operating Expenses'' allocated +to grants under subtitle C of title I of the 1990 Act to the National +Service Trust upon determination that such transfer is necessary to +support the activities of national service participants and after +notice is transmitted to the Committees on Appropriations of the House +of Representatives and the Senate: Provided further, That amounts +appropriated for or transferred to the National Service Trust may be +invested under section 145(b) of the 1990 Act without regard to the +requirement to apportion funds under 31 U.S.C. 1513(b). + + salaries and expenses + + For necessary expenses of administration as provided under section +501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, +including payment of salaries, authorized travel, hire of passenger +motor vehicles, the rental of conference rooms in the District of +Columbia, the employment of experts and consultants authorized under 5 +U.S.C. 3109, and not to exceed $2,500 for official reception and +representation expenses, $83,737,000. + + office of inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the Inspector General Act of 1978, $5,750,000. + + administrative provisions + + Sec. 401. CNCS shall make any significant changes to program +requirements, service delivery or policy only through public notice and +comment rulemaking. For fiscal year 2020, during any grant selection +process, an officer or employee of CNCS shall not knowingly disclose +any covered grant selection information regarding such selection, +directly or indirectly, to any person other than an officer or employee +of CNCS that is authorized by CNCS to receive such information. + Sec. 402. AmeriCorps programs receiving grants under the National +Service Trust program shall meet an overall minimum share requirement +of 24 percent for the first 3 years that they receive AmeriCorps +funding, and thereafter shall meet the overall minimum share +requirement as provided in section 2521.60 of title 45, Code of Federal +Regulations, without regard to the operating costs match requirement in +section 121(e) or the member support Federal share limitations in +section 140 of the 1990 Act, and subject to partial waiver consistent +with section 2521.70 of title 45, Code of Federal Regulations. + Sec. 403. Donations made to CNCS under section 196 of the 1990 Act +for the purposes of financing programs and operations under titles I +and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 +Act shall be used to supplement and not supplant current programs and +operations. + Sec. 404. In addition to the requirements in section 146(a) of the +1990 Act, use of an educational award for the purpose described in +section 148(a)(4) shall be limited to individuals who are veterans as +defined under section 101 of the Act. + Sec. 405. For the purpose of carrying out section 189D of the 1990 +Act-- + (1) entities described in paragraph (a) of such section shall + be considered ``qualified entities'' under section 3 of the + National Child Protection Act of 1993 (``NCPA''); + (2) individuals described in such section shall be considered + ``volunteers'' under section 3 of NCPA; and + (3) State Commissions on National and Community Service + established pursuant to section 178 of the 1990 Act, are authorized + to receive criminal history record information, consistent with + Public Law 92-544. + Sec. 406. Notwithstanding sections 139(b), 146 and 147 of the 1990 +Act, an individual who successfully completes a term of service of not +less than 1,200 hours during a period of not more than one year may +receive a national service education award having a value of 70 percent +of the value of a national service education award determined under +section 147(a) of the Act. + + Corporation for Public Broadcasting + + For payment to the Corporation for Public Broadcasting (``CPB''), +as authorized by the Communications Act of 1934, an amount which shall +be available within limitations specified by that Act, for the fiscal +year 2022, $465,000,000: Provided, That none of the funds made +available to CPB by this Act shall be used to pay for receptions, +parties, or similar forms of entertainment for Government officials or +employees: Provided further, That none of the funds made available to +CPB by this Act shall be available or used to aid or support any +program or activity from which any person is excluded, or is denied +benefits, or is discriminated against, on the basis of race, color, +national origin, religion, or sex: Provided further, That none of the +funds made available to CPB by this Act shall be used to apply any +political test or qualification in selecting, appointing, promoting, or +taking any other personnel action with respect to officers, agents, and +employees of CPB. + In addition, for the costs associated with replacing and upgrading +the public broadcasting interconnection system and other technologies +and services that create infrastructure and efficiencies within the +public media system, $20,000,000. + + Federal Mediation and Conciliation Service + + salaries and expenses + + For expenses necessary for the Federal Mediation and Conciliation +Service (``Service'') to carry out the functions vested in it by the +Labor-Management Relations Act, 1947, including hire of passenger motor +vehicles; for expenses necessary for the Labor-Management Cooperation +Act of 1978; and for expenses necessary for the Service to carry out +the functions vested in it by the Civil Service Reform Act, +$47,200,000, including up to $900,000 to remain available through +September 30, 2021, for activities authorized by the Labor-Management +Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C. +3302, fees charged, up to full-cost recovery, for special training +activities and other conflict resolution services and technical +assistance, including those provided to foreign governments and +international organizations, and for arbitration services shall be +credited to and merged with this account, and shall remain available +until expended: Provided further, That fees for arbitration services +shall be available only for education, training, and professional +development of the agency workforce: Provided further, That the +Director of the Service is authorized to accept and use on behalf of +the United States gifts of services and real, personal, or other +property in the aid of any projects or functions within the Director's +jurisdiction. + + Federal Mine Safety and Health Review Commission + + salaries and expenses + + For expenses necessary for the Federal Mine Safety and Health +Review Commission, $17,184,000. + + Institute of Museum and Library Services + + office of museum and library services: grants and administration + + For carrying out the Museum and Library Services Act of 1996 and +the National Museum of African American History and Culture Act, +$252,000,000. + + Medicaid and CHIP Payment and Access Commission + + salaries and expenses + + For expenses necessary to carry out section 1900 of the Social +Security Act, $8,780,000. + + Medicare Payment Advisory Commission + + salaries and expenses + + For expenses necessary to carry out section 1805 of the Social +Security Act, $12,545,000, to be transferred to this appropriation from +the Federal Hospital Insurance Trust Fund and the Federal Supplementary +Medical Insurance Trust Fund. + + National Council on Disability + + salaries and expenses + + For expenses necessary for the National Council on Disability as +authorized by title IV of the Rehabilitation Act of 1973, $3,350,000. + + National Labor Relations Board + + salaries and expenses + + For expenses necessary for the National Labor Relations Board to +carry out the functions vested in it by the Labor-Management Relations +Act, 1947, and other laws, $274,224,000: Provided, That no part of +this appropriation shall be available to organize or assist in +organizing agricultural laborers or used in connection with +investigations, hearings, directives, or orders concerning bargaining +units composed of agricultural laborers as referred to in section 2(3) +of the Act of July 5, 1935, and as amended by the Labor-Management +Relations Act, 1947, and as defined in section 3(f) of the Act of June +25, 1938, and including in said definition employees engaged in the +maintenance and operation of ditches, canals, reservoirs, and waterways +when maintained or operated on a mutual, nonprofit basis and at least +95 percent of the water stored or supplied thereby is used for farming +purposes. + + administrative provisions + + Sec. 407. None of the funds provided by this Act or previous Acts +making appropriations for the National Labor Relations Board may be +used to issue any new administrative directive or regulation that would +provide employees any means of voting through any electronic means in +an election to determine a representative for the purposes of +collective bargaining. + + National Mediation Board + + salaries and expenses + + For expenses necessary to carry out the provisions of the Railway +Labor Act, including emergency boards appointed by the President, +$14,050,000. + + Occupational Safety and Health Review Commission + + salaries and expenses + + For expenses necessary for the Occupational Safety and Health +Review Commission, $13,225,000. + + Railroad Retirement Board + + dual benefits payments account + + For payment to the Dual Benefits Payments Account, authorized under +section 15(d) of the Railroad Retirement Act of 1974, $16,000,000, +which shall include amounts becoming available in fiscal year 2020 +pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, +an amount, not to exceed 2 percent of the amount provided herein, shall +be available proportional to the amount by which the product of +recipients and the average benefit received exceeds the amount +available for payment of vested dual benefits: Provided, That the +total amount provided herein shall be credited in 12 approximately +equal amounts on the first day of each month in the fiscal year. + + federal payments to the railroad retirement accounts + + For payment to the accounts established in the Treasury for the +payment of benefits under the Railroad Retirement Act for interest +earned on unnegotiated checks, $150,000, to remain available through +September 30, 2021, which shall be the maximum amount available for +payment pursuant to section 417 of Public Law 98-76. + + limitation on administration + + For necessary expenses for the Railroad Retirement Board +(``Board'') for administration of the Railroad Retirement Act and the +Railroad Unemployment Insurance Act, $123,500,000, to be derived in +such amounts as determined by the Board from the railroad retirement +accounts and from moneys credited to the railroad unemployment +insurance administration fund: Provided, That notwithstanding section +7(b)(9) of the Railroad Retirement Act this limitation may be used to +hire attorneys only through the excepted service: Provided further, +That the previous proviso shall not change the status under Federal +employment laws of any attorney hired by the Railroad Retirement Board +prior to January 1, 2013: Provided further, That notwithstanding +section 7(b)(9) of the Railroad Retirement Act, this limitation may be +used to hire students attending qualifying educational institutions or +individuals who have recently completed qualifying educational programs +using current excepted hiring authorities established by the Office of +Personnel Management: Provided further, That $10,000,000, to remain +available until expended, shall be used to supplement, not supplant, +existing resources devoted to operations and improvements for the +Board's Information Technology Investment Initiatives. + + limitation on the office of inspector general + + For expenses necessary for the Office of Inspector General for +audit, investigatory and review activities, as authorized by the +Inspector General Act of 1978, not more than $11,000,000, to be derived +from the railroad retirement accounts and railroad unemployment +insurance account. + + Social Security Administration + + payments to social security trust funds + + For payment to the Federal Old-Age and Survivors Insurance Trust +Fund and the Federal Disability Insurance Trust Fund, as provided under +sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000. + + supplemental security income program + + For carrying out titles XI and XVI of the Social Security Act, +section 401 of Public Law 92-603, section 212 of Public Law 93-66, as +amended, and section 405 of Public Law 95-216, including payment to the +Social Security trust funds for administrative expenses incurred +pursuant to section 201(g)(1) of the Social Security Act, +$41,714,889,000, to remain available until expended: Provided, That +any portion of the funds provided to a State in the current fiscal year +and not obligated by the State during that year shall be returned to +the Treasury: Provided further, That not more than $101,000,000 shall +be available for research and demonstrations under sections 1110, 1115, +and 1144 of the Social Security Act, and remain available through +September 30, 2022. + For making, after June 15 of the current fiscal year, benefit +payments to individuals under title XVI of the Social Security Act, for +unanticipated costs incurred for the current fiscal year, such sums as +may be necessary. + For making benefit payments under title XVI of the Social Security +Act for the first quarter of fiscal year 2021, $19,900,000,000, to +remain available until expended. + + limitation on administrative expenses + + For necessary expenses, including the hire of two passenger motor +vehicles, and not to exceed $20,000 for official reception and +representation expenses, not more than $12,739,945,000 may be expended, +as authorized by section 201(g)(1) of the Social Security Act, from any +one or all of the trust funds referred to in such section: Provided, +That not less than $2,500,000 shall be for the Social Security Advisory +Board: Provided further, That $45,000,000 shall remain available until +expended for information technology modernization, including related +hardware and software infrastructure and equipment, and for +administrative expenses directly associated with information technology +modernization: Provided further, That $100,000,000 shall remain +available through September 30, 2021, for activities to address the +disability hearings backlog within the Office of Hearings Operations: +Provided further, That unobligated balances of funds provided under +this paragraph at the end of fiscal year 2020 not needed for fiscal +year 2020 shall remain available until expended to invest in the Social +Security Administration information technology and telecommunications +hardware and software infrastructure, including related equipment and +non-payroll administrative expenses associated solely with this +information technology and telecommunications infrastructure: Provided +further, That the Commissioner of Social Security shall notify the +Committees on Appropriations of the House of Representatives and the +Senate prior to making unobligated balances available under the +authority in the previous proviso: Provided further, That +reimbursement to the trust funds under this heading for expenditures +for official time for employees of the Social Security Administration +pursuant to 5 U.S.C. 7131, and for facilities or support services for +labor organizations pursuant to policies, regulations, or procedures +referred to in section 7135(b) of such title shall be made by the +Secretary of the Treasury, with interest, from amounts in the general +fund not otherwise appropriated, as soon as possible after such +expenditures are made. + Of the total amount made available in the first paragraph under +this heading, not more than $1,582,000,000, to remain available through +March 31, 2021, is for the costs associated with continuing disability +reviews under titles II and XVI of the Social Security Act, including +work-related continuing disability reviews to determine whether +earnings derived from services demonstrate an individual's ability to +engage in substantial gainful activity, for the cost associated with +conducting redeterminations of eligibility under title XVI of the +Social Security Act, for the cost of co-operative disability +investigation units, and for the cost associated with the prosecution +of fraud in the programs and operations of the Social Security +Administration by Special Assistant United States Attorneys: Provided, +That, of such amount, $273,000,000 is provided to meet the terms of +section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency +Deficit Control Act of 1985, as amended, and $1,309,000,000 is +additional new budget authority specified for purposes of section +251(b)(2)(B) of such Act: Provided further, That, of the additional +new budget authority described in the preceding proviso, up to +$10,000,000 may be transferred to the ``Office of Inspector General'', +Social Security Administration, for the cost of jointly operated co- +operative disability investigation units: Provided further, That such +transfer authority is in addition to any other transfer authority +provided by law: Provided further, That the Commissioner shall provide +to the Congress (at the conclusion of the fiscal year) a report on the +obligation and expenditure of these funds, similar to the reports that +were required by section 103(d)(2) of Public Law 104-121 for fiscal +years 1996 through 2002. + In addition, $130,000,000 to be derived from administration fees in +excess of $5.00 per supplementary payment collected pursuant to section +1616(d) of the Social Security Act or section 212(b)(3) of Public Law +93-66, which shall remain available until expended: Provided, That to +the extent that the amounts collected pursuant to such sections in +fiscal year 2020 exceed $130,000,000, the amounts shall be available in +fiscal year 2021 only to the extent provided in advance in +appropriations Acts. + In addition, up to $1,000,000 to be derived from fees collected +pursuant to section 303(c) of the Social Security Protection Act, which +shall remain available until expended. + + office of inspector general + + (including transfer of funds) + + For expenses necessary for the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$30,000,000, together with not to exceed $75,500,000, to be transferred +and expended as authorized by section 201(g)(1) of the Social Security +Act from the Federal Old-Age and Survivors Insurance Trust Fund and the +Federal Disability Insurance Trust Fund. + In addition, an amount not to exceed 3 percent of the total +provided in this appropriation may be transferred from the ``Limitation +on Administrative Expenses'', Social Security Administration, to be +merged with this account, to be available for the time and purposes for +which this account is available: Provided, That notice of such +transfers shall be transmitted promptly to the Committees on +Appropriations of the House of Representatives and the Senate at least +15 days in advance of any transfer. + + TITLE V + + GENERAL PROVISIONS + + (transfer of funds) + + Sec. 501. The Secretaries of Labor, Health and Human Services, and +Education are authorized to transfer unexpended balances of prior +appropriations to accounts corresponding to current appropriations +provided in this Act. Such transferred balances shall be used for the +same purpose, and for the same periods of time, for which they were +originally appropriated. + Sec. 502. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 503. (a) No part of any appropriation contained in this Act or +transferred pursuant to section 4002 of Public Law 111-148 shall be +used, other than for normal and recognized executive-legislative +relationships, for publicity or propaganda purposes, for the +preparation, distribution, or use of any kit, pamphlet, booklet, +publication, electronic communication, radio, television, or video +presentation designed to support or defeat the enactment of legislation +before the Congress or any State or local legislature or legislative +body, except in presentation to the Congress or any State or local +legislature itself, or designed to support or defeat any proposed or +pending regulation, administrative action, or order issued by the +executive branch of any State or local government, except in +presentation to the executive branch of any State or local government +itself. + (b) No part of any appropriation contained in this Act or +transferred pursuant to section 4002 of Public Law 111-148 shall be +used to pay the salary or expenses of any grant or contract recipient, +or agent acting for such recipient, related to any activity designed to +influence the enactment of legislation, appropriations, regulation, +administrative action, or Executive order proposed or pending before +the Congress or any State government, State legislature or local +legislature or legislative body, other than for normal and recognized +executive-legislative relationships or participation by an agency or +officer of a State, local or tribal government in policymaking and +administrative processes within the executive branch of that +government. + (c) The prohibitions in subsections (a) and (b) shall include any +activity to advocate or promote any proposed, pending or future +Federal, State or local tax increase, or any proposed, pending, or +future requirement or restriction on any legal consumer product, +including its sale or marketing, including but not limited to the +advocacy or promotion of gun control. + Sec. 504. The Secretaries of Labor and Education are authorized to +make available not to exceed $28,000 and $20,000, respectively, from +funds available for salaries and expenses under titles I and III, +respectively, for official reception and representation expenses; the +Director of the Federal Mediation and Conciliation Service is +authorized to make available for official reception and representation +expenses not to exceed $5,000 from the funds available for ``Federal +Mediation and Conciliation Service, Salaries and Expenses''; and the +Chairman of the National Mediation Board is authorized to make +available for official reception and representation expenses not to +exceed $5,000 from funds available for ``National Mediation Board, +Salaries and Expenses''. + Sec. 505. When issuing statements, press releases, requests for +proposals, bid solicitations and other documents describing projects or +programs funded in whole or in part with Federal money, all grantees +receiving Federal funds included in this Act, including but not limited +to State and local governments and recipients of Federal research +grants, shall clearly state-- + (1) the percentage of the total costs of the program or project + which will be financed with Federal money; + (2) the dollar amount of Federal funds for the project or + program; and + (3) percentage and dollar amount of the total costs of the + project or program that will be financed by non-governmental + sources. + Sec. 506. (a) None of the funds appropriated in this Act, and none +of the funds in any trust fund to which funds are appropriated in this +Act, shall be expended for any abortion. + (b) None of the funds appropriated in this Act, and none of the +funds in any trust fund to which funds are appropriated in this Act, +shall be expended for health benefits coverage that includes coverage +of abortion. + (c) The term ``health benefits coverage'' means the package of +services covered by a managed care provider or organization pursuant to +a contract or other arrangement. + Sec. 507. (a) The limitations established in the preceding section +shall not apply to an abortion-- + (1) if the pregnancy is the result of an act of rape or incest; + or + (2) in the case where a woman suffers from a physical disorder, + physical injury, or physical illness, including a life-endangering + physical condition caused by or arising from the pregnancy itself, + that would, as certified by a physician, place the woman in danger + of death unless an abortion is performed. + (b) Nothing in the preceding section shall be construed as +prohibiting the expenditure by a State, locality, entity, or private +person of State, local, or private funds (other than a State's or +locality's contribution of Medicaid matching funds). + (c) Nothing in the preceding section shall be construed as +restricting the ability of any managed care provider from offering +abortion coverage or the ability of a State or locality to contract +separately with such a provider for such coverage with State funds +(other than a State's or locality's contribution of Medicaid matching +funds). + (d)(1) None of the funds made available in this Act may be made +available to a Federal agency or program, or to a State or local +government, if such agency, program, or government subjects any +institutional or individual health care entity to discrimination on the +basis that the health care entity does not provide, pay for, provide +coverage of, or refer for abortions. + (2) In this subsection, the term ``health care entity'' includes an +individual physician or other health care professional, a hospital, a +provider-sponsored organization, a health maintenance organization, a +health insurance plan, or any other kind of health care facility, +organization, or plan. + Sec. 508. (a) None of the funds made available in this Act may be +used for-- + (1) the creation of a human embryo or embryos for research + purposes; or + (2) research in which a human embryo or embryos are destroyed, + discarded, or knowingly subjected to risk of injury or death + greater than that allowed for research on fetuses in utero under 45 + CFR 46.204(b) and section 498(b) of the Public Health Service Act + (42 U.S.C. 289g(b)). + (b) For purposes of this section, the term ``human embryo or +embryos'' includes any organism, not protected as a human subject under +45 CFR 46 as of the date of the enactment of this Act, that is derived +by fertilization, parthenogenesis, cloning, or any other means from one +or more human gametes or human diploid cells. + Sec. 509. (a) None of the funds made available in this Act may be +used for any activity that promotes the legalization of any drug or +other substance included in schedule I of the schedules of controlled +substances established under section 202 of the Controlled Substances +Act except for normal and recognized executive-congressional +communications. + (b) The limitation in subsection (a) shall not apply when there is +significant medical evidence of a therapeutic advantage to the use of +such drug or other substance or that federally sponsored clinical +trials are being conducted to determine therapeutic advantage. + Sec. 510. None of the funds made available in this Act may be used +to promulgate or adopt any final standard under section 1173(b) of the +Social Security Act providing for, or providing for the assignment of, +a unique health identifier for an individual (except in an individual's +capacity as an employer or a health care provider), until legislation +is enacted specifically approving the standard. + Sec. 511. None of the funds made available in this Act may be +obligated or expended to enter into or renew a contract with an entity +if-- + (1) such entity is otherwise a contractor with the United + States and is subject to the requirement in 38 U.S.C. 4212(d) + regarding submission of an annual report to the Secretary of Labor + concerning employment of certain veterans; and + (2) such entity has not submitted a report as required by that + section for the most recent year for which such requirement was + applicable to such entity. + Sec. 512. None of the funds made available in this Act may be +transferred to any department, agency, or instrumentality of the United +States Government, except pursuant to a transfer made by, or transfer +authority provided in, this Act or any other appropriation Act. + Sec. 513. None of the funds made available by this Act to carry +out the Library Services and Technology Act may be made available to +any library covered by paragraph (1) of section 224(f) of such Act, as +amended by the Children's Internet Protection Act, unless such library +has made the certifications required by paragraph (4) of such section. + Sec. 514. (a) None of the funds provided under this Act, or +provided under previous appropriations Acts to the agencies funded by +this Act that remain available for obligation or expenditure in fiscal +year 2020, or provided from any accounts in the Treasury of the United +States derived by the collection of fees available to the agencies +funded by this Act, shall be available for obligation or expenditure +through a reprogramming of funds that-- + (1) creates new programs; + (2) eliminates a program, project, or activity; + (3) increases funds or personnel by any means for any project + or activity for which funds have been denied or restricted; + (4) relocates an office or employees; + (5) reorganizes or renames offices; + (6) reorganizes programs or activities; or + (7) contracts out or privatizes any functions or activities + presently performed by Federal employees; +unless the Committees on Appropriations of the House of Representatives +and the Senate are consulted 15 days in advance of such reprogramming +or of an announcement of intent relating to such reprogramming, +whichever occurs earlier, and are notified in writing 10 days in +advance of such reprogramming. + (b) None of the funds provided under this Act, or provided under +previous appropriations Acts to the agencies funded by this Act that +remain available for obligation or expenditure in fiscal year 2020, or +provided from any accounts in the Treasury of the United States derived +by the collection of fees available to the agencies funded by this Act, +shall be available for obligation or expenditure through a +reprogramming of funds in excess of $500,000 or 10 percent, whichever +is less, that-- + (1) augments existing programs, projects (including + construction projects), or activities; + (2) reduces by 10 percent funding for any existing program, + project, or activity, or numbers of personnel by 10 percent as + approved by Congress; or + (3) results from any general savings from a reduction in + personnel which would result in a change in existing programs, + activities, or projects as approved by Congress; +unless the Committees on Appropriations of the House of Representatives +and the Senate are consulted 15 days in advance of such reprogramming +or of an announcement of intent relating to such reprogramming, +whichever occurs earlier, and are notified in writing 10 days in +advance of such reprogramming. + Sec. 515. (a) None of the funds made available in this Act may be +used to request that a candidate for appointment to a Federal +scientific advisory committee disclose the political affiliation or +voting history of the candidate or the position that the candidate +holds with respect to political issues not directly related to and +necessary for the work of the committee involved. + (b) None of the funds made available in this Act may be used to +disseminate information that is deliberately false or misleading. + Sec. 516. Within 45 days of enactment of this Act, each department +and related agency funded through this Act shall submit an operating +plan that details at the program, project, and activity level any +funding allocations for fiscal year 2020 that are different than those +specified in this Act, the accompanying detailed table in the +explanatory statement described in section 4 (in the matter preceding +division A of this consolidated Act) or the fiscal year 2020 budget +request. + Sec. 517. The Secretaries of Labor, Health and Human Services, and +Education shall each prepare and submit to the Committees on +Appropriations of the House of Representatives and the Senate a report +on the number and amount of contracts, grants, and cooperative +agreements exceeding $500,000, individually or in total for a +particular project, activity, or programmatic initiative, in value and +awarded by the Department on a non-competitive basis during each +quarter of fiscal year 2020, but not to include grants awarded on a +formula basis or directed by law. Such report shall include the name of +the contractor or grantee, the amount of funding, the governmental +purpose, including a justification for issuing the award on a non- +competitive basis. Such report shall be transmitted to the Committees +within 30 days after the end of the quarter for which the report is +submitted. + Sec. 518. None of the funds appropriated in this Act shall be +expended or obligated by the Commissioner of Social Security, for +purposes of administering Social Security benefit payments under title +II of the Social Security Act, to process any claim for credit for a +quarter of coverage based on work performed under a social security +account number that is not the claimant's number and the performance of +such work under such number has formed the basis for a conviction of +the claimant of a violation of section 208(a)(6) or (7) of the Social +Security Act. + Sec. 519. None of the funds appropriated by this Act may be used +by the Commissioner of Social Security or the Social Security +Administration to pay the compensation of employees of the Social +Security Administration to administer Social Security benefit payments, +under any agreement between the United States and Mexico establishing +totalization arrangements between the social security system +established by title II of the Social Security Act and the social +security system of Mexico, which would not otherwise be payable but for +such agreement. + Sec. 520. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + Sec. 521. None of the funds made available under this or any other +Act, or any prior Appropriations Act, may be provided to the +Association of Community Organizations for Reform Now (ACORN), or any +of its affiliates, subsidiaries, allied organizations, or successors. + Sec. 522. For purposes of carrying out Executive Order 13589, +Office of Management and Budget Memorandum M-12-12 dated May 11, 2012, +and requirements contained in the annual appropriations bills relating +to conference attendance and expenditures: + (1) the operating divisions of HHS shall be considered + independent agencies; and + (2) attendance at and support for scientific conferences shall + be tabulated separately from and not included in agency totals. + Sec. 523. Federal agencies funded under this Act shall clearly +state within the text, audio, or video used for advertising or +educational purposes, including emails or Internet postings, that the +communication is printed, published, or produced and disseminated at +U.S. taxpayer expense. The funds used by a Federal agency to carry out +this requirement shall be derived from amounts made available to the +agency for advertising or other communications regarding the programs +and activities of the agency. + Sec. 524. (a) Federal agencies may use Federal discretionary funds +that are made available in this Act to carry out up to 10 Performance +Partnership Pilots. Such Pilots shall be governed by the provisions of +section 526 of division H of Public Law 113-76, except that in carrying +out such Pilots section 526 shall be applied by substituting ``Fiscal +Year 2020'' for ``Fiscal Year 2014'' in the title of subsection (b) and +by substituting ``September 30, 2024'' for ``September 30, 2018'' each +place it appears: Provided, That such pilots shall include communities +that have experienced civil unrest. + (b) In addition, Federal agencies may use Federal discretionary +funds that are made available in this Act to participate in Performance +Partnership Pilots that are being carried out pursuant to the authority +provided by section 526 of division H of Public Law 113-76, section 524 +of division G of Public Law 113-235, section 525 of division H of +Public Law 114-113, section 525 of division H of Public Law 115-31, and +section 525 of division H of Public Law 115-141. + (c) Pilot sites selected under authorities in this Act and prior +appropriations Acts may be granted by relevant agencies up to an +additional 5 years to operate under such authorities. + Sec. 525. Not later than 30 days after the end of each calendar +quarter, beginning with the first month of fiscal year 2020, the +Departments of Labor, Health and Human Services and Education and the +Social Security Administration shall provide the Committees on +Appropriations of the House of Representatives and Senate a report on +the status of balances of appropriations: Provided, That for balances +that are unobligated and uncommitted, committed, and obligated but +unexpended, the monthly reports shall separately identify the amounts +attributable to each source year of appropriation (beginning with +fiscal year 2012, or, to the extent feasible, earlier fiscal years) +from which balances were derived. + Sec. 526. The Departments of Labor, Health and Human Services, or +Education shall provide to the Committees on Appropriations of the +House of Representatives and the Senate a comprehensive list of any new +or competitive grant award notifications, including supplements, issued +at the discretion of such Departments not less than 3 full business +days before any entity selected to receive a grant award is announced +by the Department or its offices (other than emergency response grants +at any time of the year or for grant awards made during the last 10 +business days of the fiscal year, or if applicable, of the program +year). + Sec. 527. Notwithstanding any other provision of this Act, no +funds appropriated in this Act shall be used to purchase sterile +needles or syringes for the hypodermic injection of any illegal drug: +Provided, That such limitation does not apply to the use of funds for +elements of a program other than making such purchases if the relevant +State or local health department, in consultation with the Centers for +Disease Control and Prevention, determines that the State or local +jurisdiction, as applicable, is experiencing, or is at risk for, a +significant increase in hepatitis infections or an HIV outbreak due to +injection drug use, and such program is operating in accordance with +State and local law. + Sec. 528. Each department and related agency funded through this +Act shall provide answers to questions submitted for the record by +members of the Committee within 45 business days after receipt. + + (rescission) + + Sec. 529. Of any available amounts appropriated under section +2104(a)(23) of the Social Security Act (42 U.S.C. 1397dd) that are +unobligated as of September 25, 2020, $3,169,819,000 are hereby +rescinded as of such date. + Sec. 530. Of amounts deposited in the Child Enrollment Contingency +Fund prior to the beginning of fiscal year 2020 under section +2104(n)(2) of the Social Security Act and the income derived from +investment of those funds pursuant to section 2104(n)(2)(C) of that +Act, $6,093,181,000 shall not be available for obligation in this +fiscal year. + This division may be cited as the ``Departments of Labor, Health +and Human Services, and Education, and Related Agencies Appropriations +Act, 2020''. + + DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG + ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 + + TITLE I + + AGRICULTURAL PROGRAMS + + Processing, Research, and Marketing + + Office of the Secretary + + (including transfers of funds) + + For necessary expenses of the Office of the Secretary, $46,139,000, +of which not to exceed $5,051,000 shall be available for the immediate +Office of the Secretary; not to exceed $1,496,000 shall be available +for the Office of Homeland Security; not to exceed $6,211,000 shall be +available for the Office of Partnerships and Public Engagement, of +which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed +$22,251,000 shall be available for the Office of the Assistant +Secretary for Administration, of which $21,376,000 shall be available +for Departmental Administration to provide for necessary expenses for +management support services to offices of the Department and for +general administration, security, repairs and alterations, and other +miscellaneous supplies and expenses not otherwise provided for and +necessary for the practical and efficient work of the Department: +Provided, That funds made available by this Act to an agency in the +Administration mission area for salaries and expenses are available to +fund up to one administrative support staff for the Office; not to +exceed $3,869,000 shall be available for the Office of Assistant +Secretary for Congressional Relations and Intergovernmental Affairs to +carry out the programs funded by this Act, including programs involving +intergovernmental affairs and liaison within the executive branch; and +not to exceed $7,261,000 shall be available for the Office of +Communications: Provided further, That the Secretary of Agriculture is +authorized to transfer funds appropriated for any office of the Office +of the Secretary to any other office of the Office of the Secretary: +Provided further, That no appropriation for any office shall be +increased or decreased by more than 5 percent: Provided further, That +not to exceed $22,000 of the amount made available under this paragraph +for the immediate Office of the Secretary shall be available for +official reception and representation expenses, not otherwise provided +for, as determined by the Secretary: Provided further, That the amount +made available under this heading for Departmental Administration shall +be reimbursed from applicable appropriations in this Act for travel +expenses incident to the holding of hearings as required by 5 U.S.C. +551-558: Provided further, That funds made available under this +heading for the Office of the Assistant Secretary for Congressional +Relations and Intergovernmental Affairs may be transferred to agencies +of the Department of Agriculture funded by this Act to maintain +personnel at the agency level: Provided further, That no funds made +available under this heading for the Office of Assistant Secretary for +Congressional Relations may be obligated after 30 days from the date of +enactment of this Act, unless the Secretary has notified the Committees +on Appropriations of both Houses of Congress on the allocation of these +funds by USDA agency: Provided further, That of the funds made +available under this heading, funding shall be made available to the +Office of the Secretary to carry out the duties of the working group +established under section 770 of the Agriculture, Rural Development, +Food and Drug Administration, and Related Agencies Appropriations Act, +2019 (Public Law 116-6; 133 Stat. 89): Provided further, That during +any 30 day notification period referenced in section 716 of this Act, +the Secretary of Agriculture, the Secretary of Health and Human +Services or the Chairman of the Commodity Futures Trading Commission, +(as the case may be) shall take no action to begin implementation of +the proposal or make any public announcement in any form. + + Executive Operations + + office of the chief economist + + For necessary expenses of the Office of the Chief Economist, +$24,013,000, of which $8,000,000 shall be for grants or cooperative +agreements for policy research under 7 U.S.C. 3155. + + office of hearings and appeals + + For necessary expenses of the Office of Hearings and Appeals, +$15,222,000. + + office of budget and program analysis + + For necessary expenses of the Office of Budget and Program +Analysis, $9,525,000. + + Office of the Chief Information Officer + + For necessary expenses of the Office of the Chief Information +Officer, $66,580,000, of which not less than $56,000,000 is for +cybersecurity requirements of the department. + + Office of the Chief Financial Officer + + For necessary expenses of the Office of the Chief Financial +Officer, $6,028,000. + + Office of the Assistant Secretary for Civil Rights + + For necessary expenses of the Office of the Assistant Secretary for +Civil Rights, $901,000: Provided, That funds made available by this +Act to an agency in the Civil Rights mission area for salaries and +expenses are available to fund up to one administrative support staff +for the Office. + + Office of Civil Rights + + For necessary expenses of the Office of Civil Rights, $24,206,000. + + Agriculture Buildings and Facilities + + (including transfers of funds) + + For payment of space rental and related costs pursuant to Public +Law 92-313, including authorities pursuant to the 1984 delegation of +authority from the Administrator of General Services to the Department +of Agriculture under 40 U.S.C. 121, for programs and activities of the +Department which are included in this Act, and for alterations and +other actions needed for the Department and its agencies to consolidate +unneeded space into configurations suitable for release to the +Administrator of General Services, and for the operation, maintenance, +improvement, and repair of Agriculture buildings and facilities, and +for related costs, $128,167,000, to remain available until expended. + + Hazardous Materials Management + + (including transfers of funds) + + For necessary expenses of the Department of Agriculture, to comply +with the Comprehensive Environmental Response, Compensation, and +Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act +(42 U.S.C. 6901 et seq.), $4,503,000, to remain available until +expended: Provided, That appropriations and funds available herein to +the Department for Hazardous Materials Management may be transferred to +any agency of the Department for its use in meeting all requirements +pursuant to the above Acts on Federal and non-Federal lands. + + Office of Inspector General + + For necessary expenses of the Office of Inspector General, +including employment pursuant to the Inspector General Act of 1978 +(Public Law 95-452; 5 U.S.C. App.), $98,208,000, including such sums as +may be necessary for contracting and other arrangements with public +agencies and private persons pursuant to section 6(a)(9) of the +Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and +including not to exceed $125,000 for certain confidential operational +expenses, including the payment of informants, to be expended under the +direction of the Inspector General pursuant to the Inspector General +Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the +Agriculture and Food Act of 1981 (Public Law 97-98). + + Office of the General Counsel + + For necessary expenses of the Office of the General Counsel, +$45,146,000. + + Office of Ethics + + For necessary expenses of the Office of Ethics, $4,136,000. + + Office of the Under Secretary for Research, Education, and Economics + + For necessary expenses of the Office of the Under Secretary for +Research, Education, and Economics, $800,000: Provided, That funds +made available by this Act to an agency in the Research, Education, and +Economics mission area for salaries and expenses are available to fund +up to one administrative support staff for the Office. + + Economic Research Service + + For necessary expenses of the Economic Research Service, +$84,757,000. + + National Agricultural Statistics Service + + For necessary expenses of the National Agricultural Statistics +Service, $180,294,000, of which up to $45,300,000 shall be available +until expended for the Census of Agriculture: Provided, That amounts +made available for the Census of Agriculture may be used to conduct +Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f). + + Agricultural Research Service + + salaries and expenses + + For necessary expenses of the Agricultural Research Service and for +acquisition of lands by donation, exchange, or purchase at a nominal +cost not to exceed $100, and for land exchanges where the lands +exchanged shall be of equal value or shall be equalized by a payment of +money to the grantor which shall not exceed 25 percent of the total +value of the land or interests transferred out of Federal ownership, +$1,414,366,000, of which $13,100,000, to remain available until +expended, shall be used for transition and equipment purchases for the +National Bio and Agro-Defense Facility located in Manhattan, Kansas: +Provided, That of the amounts available to the Agricultural Research +Service for the National Bio and Agro-Defense Facility, no funds may be +obligated above the amount provided for the facility in Public Law 116- +6 until the Secretary of Agriculture submits to the Committees on +Appropriations of both Houses of Congress, and receives written or +electronic notification of receipt from such Committees, a strategic +plan as required in House Report 116-107: Provided further, That +appropriations hereunder shall be available for the operation and +maintenance of aircraft and the purchase of not to exceed one for +replacement only: Provided further, That appropriations hereunder +shall be available pursuant to 7 U.S.C. 2250 for the construction, +alteration, and repair of buildings and improvements, but unless +otherwise provided, the cost of constructing any one building shall not +exceed $500,000, except for headhouses or greenhouses which shall each +be limited to $1,800,000, except for 10 buildings to be constructed or +improved at a cost not to exceed $1,100,000 each, and except for two +buildings to be constructed at a cost not to exceed $3,000,000 each, +and the cost of altering any one building during the fiscal year shall +not exceed 10 percent of the current replacement value of the building +or $500,000, whichever is greater: Provided further, That +appropriations hereunder shall be available for entering into lease +agreements at any Agricultural Research Service location for the +construction of a research facility by a non-Federal entity for use by +the Agricultural Research Service and a condition of the lease shall be +that any facility shall be owned, operated, and maintained by the non- +Federal entity and shall be removed upon the expiration or termination +of the lease agreement: Provided further, That the limitations on +alterations contained in this Act shall not apply to modernization or +replacement of existing facilities at Beltsville, Maryland: Provided +further, That appropriations hereunder shall be available for granting +easements at the Beltsville Agricultural Research Center: Provided +further, That the foregoing limitations shall not apply to replacement +of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. +113a): Provided further, That appropriations hereunder shall be +available for granting easements at any Agricultural Research Service +location for the construction of a research facility by a non-Federal +entity for use by, and acceptable to, the Agricultural Research Service +and a condition of the easements shall be that upon completion the +facility shall be accepted by the Secretary, subject to the +availability of funds herein, if the Secretary finds that acceptance of +the facility is in the interest of the United States: Provided +further, That funds may be received from any State, other political +subdivision, organization, or individual for the purpose of +establishing or operating any research facility or research project of +the Agricultural Research Service, as authorized by law. + + buildings and facilities + + For the acquisition of land, construction, repair, improvement, +extension, alteration, and purchase of fixed equipment or facilities as +necessary to carry out the agricultural research programs of the +Department of Agriculture, where not otherwise provided, $192,700,000 +to remain available until expended, of which $166,900,000 shall be +allocated for ARS facilities co-located with university partners. + + National Institute of Food and Agriculture + + research and education activities + + For payments to agricultural experiment stations, for cooperative +forestry and other research, for facilities, and for other expenses, +$962,864,000, which shall be for the purposes, and in the amounts, +specified in the table titled ``National Institute of Food and +Agriculture, Research and Education Activities'' in the explanatory +statement described in section 4 (in the matter preceding division A of +this consolidated Act): Provided, That funds for research grants for +1994 institutions, education grants for 1890 institutions, capacity +building for non-land-grant colleges of agriculture, the agriculture +and food research initiative, veterinary medicine loan repayment, +multicultural scholars, graduate fellowship and institution challenge +grants, and grants management systems shall remain available until +expended: Provided further, That each institution eligible to receive +funds under the Evans-Allen program receives no less than $1,000,000: +Provided further, That funds for education grants for Alaska Native and +Native Hawaiian-serving institutions be made available to individual +eligible institutions or consortia of eligible institutions with funds +awarded equally to each of the States of Alaska and Hawaii: Provided +further, That funds for education grants for 1890 institutions shall be +made available to institutions eligible to receive funds under 7 U.S.C. +3221 and 3222: Provided further, That not more than 5 percent of the +amounts made available by this or any other Act to carry out the +Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be +retained by the Secretary of Agriculture to pay administrative costs +incurred by the Secretary in carrying out that authority. + + native american institutions endowment fund + + For the Native American Institutions Endowment Fund authorized by +Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain +available until expended. + + extension activities + + For payments to States, the District of Columbia, Puerto Rico, +Guam, the Virgin Islands, Micronesia, the Northern Marianas, and +American Samoa, $526,557,000, which shall be for the purposes, and in +the amounts, specified in the table titled ``National Institute of Food +and Agriculture, Extension Activities'' in the explanatory statement +described in section 4 (in the matter preceding division A of this +consolidated Act): Provided, That funds for facility improvements at +1890 institutions shall remain available until expended: Provided +further, That institutions eligible to receive funds under 7 U.S.C. +3221 for cooperative extension receive no less than $1,000,000: +Provided further, That funds for cooperative extension under sections +3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and +section 208(c) of Public Law 93-471 shall be available for retirement +and employees' compensation costs for extension agents. + + integrated activities + + For the integrated research, education, and extension grants +programs, including necessary administrative expenses, $38,000,000, +which shall be for the purposes, and in the amounts, specified in the +table titled ``National Institute of Food and Agriculture, Integrated +Activities'' in the explanatory statement described in section 4 (in +the matter preceding division A of this consolidated Act): Provided, +That funds for the Food and Agriculture Defense Initiative shall remain +available until September 30, 2021: Provided further, That +notwithstanding any other provision of law, indirect costs shall not be +charged against any Extension Implementation Program Area grant awarded +under the Crop Protection/Pest Management Program (7 U.S.C. 7626). + + Office of the Under Secretary for Marketing and Regulatory Programs + + For necessary expenses of the Office of the Under Secretary for +Marketing and Regulatory Programs, $800,000: Provided, That funds made +available by this Act to an agency in the Marketing and Regulatory +Programs mission area for salaries and expenses are available to fund +up to one administrative support staff for the Office. + + Animal and Plant Health Inspection Service + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the Animal and Plant Health Inspection +Service, including up to $30,000 for representation allowances and for +expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), +$1,042,711,000, of which $470,000, to remain available until expended, +shall be available for the control of outbreaks of insects, plant +diseases, animal diseases and for control of pest animals and birds +(``contingency fund'') to the extent necessary to meet emergency +conditions; of which $11,520,000, to remain available until expended, +shall be used for the cotton pests program, including for cost share +purposes or for debt retirement for active eradication zones; of which +$37,857,000, to remain available until expended, shall be for Animal +Health Technical Services; of which $1,000,000 shall be for activities +under the authority of the Horse Protection Act of 1970, as amended (15 +U.S.C. 1831); of which $62,840,000, to remain available until expended, +shall be used to support avian health; of which $4,251,000, to remain +available until expended, shall be for information technology +infrastructure; of which $192,013,000, to remain available until +expended, shall be for specialty crop pests; of which, $13,826,000, to +remain available until expended, shall be for field crop and rangeland +ecosystem pests; of which $16,523,000, to remain available until +expended, shall be for zoonotic disease management; of which +$40,966,000, to remain available until expended, shall be for emergency +preparedness and response; of which $60,000,000, to remain available +until expended, shall be for tree and wood pests; of which $5,725,000, +to remain available until expended, shall be for the National +Veterinary Stockpile; of which up to $1,500,000, to remain available +until expended, shall be for the scrapie program for indemnities; of +which $2,500,000, to remain available until expended, shall be for the +wildlife damage management program for aviation safety: Provided, That +of amounts available under this heading for wildlife services methods +development, $1,000,000 shall remain available until expended: +Provided further, That of amounts available under this heading for the +screwworm program, $4,990,000 shall remain available until expended; of +which $20,800,000, to remain available until expended, shall be used to +carry out the science program and transition activities for the +National Bio and Agro-defense Facility located in Manhattan, Kansas: +Provided further, That of the amounts available to the Animal and Plant +Health Inspection Service for the National Bio and Agro-Defense +Facility, no funds may be obligated above the amount provided for the +facility in Public Law 116-6 until the Secretary of Agriculture submits +to the Committees on Appropriations of both Houses of Congress, and +receives written or electronic notification of receipt from such +Committees, a strategic plan as required in House Report 116-107: +Provided further, That no funds shall be used to formulate or +administer a brucellosis eradication program for the current fiscal +year that does not require minimum matching by the States of at least +40 percent: Provided further, That this appropriation shall be +available for the purchase, replacement, operation, and maintenance of +aircraft: Provided further, That in addition, in emergencies which +threaten any segment of the agricultural production industry of the +United States, the Secretary may transfer from other appropriations or +funds available to the agencies or corporations of the Department such +sums as may be deemed necessary, to be available only in such +emergencies for the arrest and eradication of contagious or infectious +disease or pests of animals, poultry, or plants, and for expenses in +accordance with sections 10411 and 10417 of the Animal Health +Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the +Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended +balances of funds transferred for such emergency purposes in the +preceding fiscal year shall be merged with such transferred amounts: +Provided further, That appropriations hereunder shall be available +pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased +buildings and improvements, but unless otherwise provided the cost of +altering any one building during the fiscal year shall not exceed 10 +percent of the current replacement value of the building. + In fiscal year 2020, the agency is authorized to collect fees to +cover the total costs of providing technical assistance, goods, or +services requested by States, other political subdivisions, domestic +and international organizations, foreign governments, or individuals, +provided that such fees are structured such that any entity's liability +for such fees is reasonably based on the technical assistance, goods, +or services provided to the entity by the agency, and such fees shall +be reimbursed to this account, to remain available until expended, +without further appropriation, for providing such assistance, goods, or +services. + + buildings and facilities + + For plans, construction, repair, preventive maintenance, +environmental support, improvement, extension, alteration, and purchase +of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and +acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to +remain available until expended. + + Agricultural Marketing Service + + marketing services + + For necessary expenses of the Agricultural Marketing Service, +$186,936,000, of which $6,000,000 shall be available for the purposes +of section 12306 of Public Law 113-79: Provided, That this +appropriation shall be available pursuant to law (7 U.S.C. 2250) for +the alteration and repair of buildings and improvements, but the cost +of altering any one building during the fiscal year shall not exceed 10 +percent of the current replacement value of the building: Provided +further, That up to $4,454,000 of this appropriation may be used for +United States Warehouse Act activities to supplement amounts made +available by the United States Warehouse Act. + Fees may be collected for the cost of standardization activities, +as established by regulation pursuant to law (31 U.S.C. 9701). + + limitation on administrative expenses + + Not to exceed $61,227,000 (from fees collected) shall be obligated +during the current fiscal year for administrative expenses: Provided, +That if crop size is understated and/or other uncontrollable events +occur, the agency may exceed this limitation by up to 10 percent with +notification to the Committees on Appropriations of both Houses of +Congress. + + funds for strengthening markets, income, and supply (section 32) + + (including transfers of funds) + + Funds available under section 32 of the Act of August 24, 1935 (7 +U.S.C. 612c), shall be used only for commodity program expenses as +authorized therein, and other related operating expenses, except for: +(1) transfers to the Department of Commerce as authorized by the Fish +and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers +otherwise provided in this Act; and (3) not more than $20,705,000 for +formulation and administration of marketing agreements and orders +pursuant to the Agricultural Marketing Agreement Act of 1937 and the +Agricultural Act of 1961 (Public Law 87-128). + + payments to states and possessions + + For payments to departments of agriculture, bureaus and departments +of markets, and similar agencies for marketing activities under section +204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), +$1,235,000. + + limitation on inspection and weighing services expenses + + Not to exceed $55,000,000 (from fees collected) shall be obligated +during the current fiscal year for inspection and weighing services: +Provided, That if grain export activities require additional +supervision and oversight, or other uncontrollable factors occur, this +limitation may be exceeded by up to 10 percent with notification to the +Committees on Appropriations of both Houses of Congress. + + Office of the Under Secretary for Food Safety + + For necessary expenses of the Office of the Under Secretary for +Food Safety, $800,000: Provided, That funds made available by this Act +to an agency in the Food Safety mission area for salaries and expenses +are available to fund up to one administrative support staff for the +Office. + + Food Safety and Inspection Service + + For necessary expenses to carry out services authorized by the +Federal Meat Inspection Act, the Poultry Products Inspection Act, and +the Egg Products Inspection Act, including not to exceed $10,000 for +representation allowances and for expenses pursuant to section 8 of the +Act approved August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in +addition, $1,000,000 may be credited to this account from fees +collected for the cost of laboratory accreditation as authorized by +section 1327 of the Food, Agriculture, Conservation and Trade Act of +1990 (7 U.S.C. 138f): Provided, That funds provided for the Public +Health Data Communication Infrastructure system shall remain available +until expended: Provided further, That no fewer than 148 full-time +equivalent positions shall be employed during fiscal year 2020 for +purposes dedicated solely to inspections and enforcement related to the +Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided +further, That the Food Safety and Inspection Service shall continue +implementation of section 11016 of Public Law 110-246 as further +clarified by the amendments made in section 12106 of Public Law 113-79: + Provided further, That this appropriation shall be available pursuant +to law (7 U.S.C. 2250) for the alteration and repair of buildings and +improvements, but the cost of altering any one building during the +fiscal year shall not exceed 10 percent of the current replacement +value of the building. + + TITLE II + + FARM PRODUCTION AND CONSERVATION PROGRAMS + + Office of the Under Secretary for Farm Production and Conservation + + For necessary expenses of the Office of the Under Secretary for +Farm Production and Conservation, $901,000: Provided, That funds made +available by this Act to an agency in the Farm Production and +Conservation mission area for salaries and expenses are available to +fund up to one administrative support staff for the Office. + + Farm Production and Conservation Business Center + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the Farm Production and Conservation +Business Center, $203,877,000: Provided, That $60,228,000 of amounts +appropriated for the current fiscal year pursuant to section 1241(a) of +the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a)) +shall be transferred to and merged with this account. + + Farm Service Agency + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the Farm Service Agency, $1,122,837,000, +of which not less than $35,000,000 shall be for the hiring of new +employees to fill vacancies at Farm Service Agency county offices and +farm loan officers and shall be available until September 30, 2021: +Provided, That not more than 50 percent of the funding made available +under this heading for information technology related to farm program +delivery may be obligated until the Secretary submits to the Committees +on Appropriations of both Houses of Congress, and receives written or +electronic notification of receipt from such Committees of, a plan for +expenditure that (1) identifies for each project/investment over +$25,000 (a) the functional and performance capabilities to be delivered +and the mission benefits to be realized, (b) the estimated lifecycle +cost for the entirety of the project/investment, including estimates +for development as well as maintenance and operations, and (c) key +milestones to be met; (2) demonstrates that each project/investment is, +(a) consistent with the Farm Service Agency Information Technology +Roadmap, (b) being managed in accordance with applicable lifecycle +management policies and guidance, and (c) subject to the applicable +Department's capital planning and investment control requirements; and +(3) has been reviewed by the Government Accountability Office and +approved by the Committees on Appropriations of both Houses of +Congress: Provided further, That the agency shall submit a report by +the end of the fourth quarter of fiscal year 2020 to the Committees on +Appropriations and the Government Accountability Office, that +identifies for each project/investment that is operational (a) current +performance against key indicators of customer satisfaction, (b) +current performance of service level agreements or other technical +metrics, (c) current performance against a pre-established cost +baseline, (d) a detailed breakdown of current and planned spending on +operational enhancements or upgrades, and (e) an assessment of whether +the investment continues to meet business needs as intended as well as +alternatives to the investment: Provided further, That the Secretary +is authorized to use the services, facilities, and authorities (but not +the funds) of the Commodity Credit Corporation to make program payments +for all programs administered by the Agency: Provided further, That +other funds made available to the Agency for authorized activities may +be advanced to and merged with this account: Provided further, That +funds made available to county committees shall remain available until +expended: Provided further, That none of the funds available to the +Farm Service Agency shall be used to close Farm Service Agency county +offices: Provided further, That none of the funds available to the +Farm Service Agency shall be used to permanently relocate county based +employees that would result in an office with two or fewer employees +without prior notification and approval of the Committees on +Appropriations of both Houses of Congress. + + state mediation grants + + For grants pursuant to section 502(b) of the Agricultural Credit +Act of 1987, as amended (7 U.S.C. 5101-5106), $5,545,000. + + grassroots source water protection program + + For necessary expenses to carry out wellhead or groundwater +protection activities under section 1240O of the Food Security Act of +1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until +expended. + + dairy indemnity program + + (including transfer of funds) + + For necessary expenses involved in making indemnity payments to +dairy farmers and manufacturers of dairy products under a dairy +indemnity program, such sums as may be necessary, to remain available +until expended: Provided, That such program is carried out by the +Secretary in the same manner as the dairy indemnity program described +in the Agriculture, Rural Development, Food and Drug Administration, +and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 +Stat. 1549A-12). + + agricultural credit insurance fund program account + + (including transfers of funds) + + For gross obligations for the principal amount of direct and +guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 +U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), +Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans +(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), +relending program (7 U.S.C. 1936c), and Indian highly fractionated land +loans (25 U.S.C. 5136) to be available from funds in the Agricultural +Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed farm +ownership loans and $1,875,000,000 for farm ownership direct loans; +$1,960,000,000 for unsubsidized guaranteed operating loans and +$1,550,133,000 for direct operating loans; emergency loans, +$37,668,000; Indian tribe land acquisition loans, $20,000,000; +guaranteed conservation loans, $150,000,000; relending program, +$18,215,000; Indian highly fractionated land loans, $10,000,000; and +for boll weevil eradication program loans, $60,000,000: Provided, That +the Secretary shall deem the pink bollworm to be a boll weevil for the +purpose of boll weevil eradication program loans. + For the cost of direct and guaranteed loans and grants, including +the cost of modifying loans as defined in section 502 of the +Congressional Budget Act of 1974, as follows: $58,440,000 for direct +farm operating loans, $20,972,000 for unsubsidized guaranteed farm +operating loans, emergency loans, $2,023,000; relending program, +$5,000,000; Indian highly fractionated land loans, $2,745,000; and +$60,000 for boll weevil eradication loans, to remain available until +expended. + In addition, for administrative expenses necessary to carry out the +direct and guaranteed loan programs, $317,068,000: Provided, That of +this amount, $290,917,000 shall be transferred to and merged with the +appropriation for ``Farm Service Agency, Salaries and Expenses'': +Provided further, That of this amount $16,081,000 shall be transferred +to and merged with the appropriation for ``Farm Production and +Conservation Business Center, Salaries and Expenses''. + Funds appropriated by this Act to the Agricultural Credit Insurance +Program Account for farm ownership, operating and conservation direct +loans and guaranteed loans may be transferred among these programs: +Provided, That the Committees on Appropriations of both Houses of +Congress are notified at least 15 days in advance of any transfer. + + Risk Management Agency + + salaries and expenses + + For necessary expenses of the Risk Management Agency, $58,361,000: +Provided, That $2,000,000 shall be available for compliance and +integrity activities required under section 516(b)(2)(C) of the Federal +Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)) in addition to +other amounts provided: Provided further, That not to exceed $1,000 +shall be available for official reception and representation expenses, +as authorized by 7 U.S.C. 1506(i). + + Natural Resources Conservation Service + + conservation operations + + For necessary expenses for carrying out the provisions of the Act +of April 27, 1935 (16 U.S.C. 590a-f), including preparation of +conservation plans and establishment of measures to conserve soil and +water (including farm irrigation and land drainage and such special +measures for soil and water management as may be necessary to prevent +floods and the siltation of reservoirs and to control agricultural +related pollutants); operation of conservation plant materials centers; +classification and mapping of soil; dissemination of information; +acquisition of lands, water, and interests therein for use in the plant +materials program by donation, exchange, or purchase at a nominal cost +not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. +2268a); purchase and erection or alteration or improvement of permanent +and temporary buildings; and operation and maintenance of aircraft, +$829,628,000, to remain available until September 30, 2021: Provided, +That appropriations hereunder shall be available pursuant to 7 U.S.C. +2250 for construction and improvement of buildings and public +improvements at plant materials centers, except that the cost of +alterations and improvements to other buildings and other public +improvements shall not exceed $250,000: Provided further, That when +buildings or other structures are erected on non-Federal land, that the +right to use such land is obtained as provided in 7 U.S.C. 2250a: +Provided further, That of the amounts made available under this +heading, $5,600,000, shall remain available until expended for the +authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized +ongoing watershed projects with a primary purpose of providing water to +rural communities. + + watershed and flood prevention operations + + For necessary expenses to carry out preventive measures, including +but not limited to surveys and investigations, engineering operations, +works of improvement, and changes in use of land, in accordance with +the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 +and 1007-1009) and in accordance with the provisions of laws relating +to the activities of the Department, $175,000,000, to remain available +until expended: Provided, That for funds provided by this Act or any +other prior Act, the limitation regarding the size of the watershed or +subwatershed exceeding two hundred and fifty thousand acres in which +such activities can be undertaken shall only apply for activities +undertaken for the primary purpose of flood prevention (including +structural and land treatment measures): Provided further, That of the +amounts made available under this heading, $70,000,000 shall be +allocated to projects and activities that can commence promptly +following enactment; that address regional priorities for flood +prevention, agricultural water management, inefficient irrigation +systems, fish and wildlife habitat, or watershed protection; or that +address authorized ongoing projects under the authorities of section 13 +of the Flood Control Act of December 22, 1944 (Public Law 78-534) with +a primary purpose of watershed protection by preventing floodwater +damage and stabilizing stream channels, tributaries, and banks to +reduce erosion and sediment transport. + + watershed rehabilitation program + + Under the authorities of section 14 of the Watershed Protection and +Flood Prevention Act, $10,000,000 is provided: Provided, That of the +amounts made available under this heading, $5,000,000 shall remain +available until expended for watershed rehabilitation projects in +states with high-hazard dams and other watershed structures and that +have recently incurred flooding events which caused fatalities. + + CORPORATIONS + + The following corporations and agencies are hereby authorized to +make expenditures, within the limits of funds and borrowing authority +available to each such corporation or agency and in accord with law, +and to make contracts and commitments without regard to fiscal year +limitations as provided by section 104 of the Government Corporation +Control Act as may be necessary in carrying out the programs set forth +in the budget for the current fiscal year for such corporation or +agency, except as hereinafter provided. + + Federal Crop Insurance Corporation Fund + + For payments as authorized by section 516 of the Federal Crop +Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain +available until expended. + + Commodity Credit Corporation Fund + + reimbursement for net realized losses + + (including transfers of funds) + + For the current fiscal year, such sums as may be necessary to +reimburse the Commodity Credit Corporation for net realized losses +sustained, but not previously reimbursed, pursuant to section 2 of the +Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the +funds available to the Commodity Credit Corporation under section 11 of +the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the +conduct of its business with the Foreign Agricultural Service, up to +$5,000,000 may be transferred to and used by the Foreign Agricultural +Service for information resource management activities of the Foreign +Agricultural Service that are not related to Commodity Credit +Corporation business. + + hazardous waste management + + (limitation on expenses) + + For the current fiscal year, the Commodity Credit Corporation shall +not expend more than $5,000,000 for site investigation and cleanup +expenses, and operations and maintenance expenses to comply with the +requirement of section 107(g) of the Comprehensive Environmental +Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and +section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961). + + TITLE III + + RURAL DEVELOPMENT PROGRAMS + + Office of the Under Secretary for Rural Development + + For necessary expenses of the Office of the Under Secretary for +Rural Development, $800,000: Provided, That funds made available by +this Act to an agency in the Rural Development mission area for +salaries and expenses are available to fund up to one administrative +support staff for the Office. + + Rural Development + + salaries and expenses + + (including transfers of funds) + + For necessary expenses for carrying out the administration and +implementation of Rural Development programs, including activities with +institutions concerning the development and operation of agricultural +cooperatives; and for cooperative agreements; $247,835,000: Provided, +That notwithstanding any other provision of law, funds appropriated +under this heading may be used for advertising and promotional +activities that support Rural Development programs: Provided further, +That in addition to any other funds appropriated for purposes +authorized by section 502(i) of the Housing Act of 1949 (42 U.S.C. +1472(i)), any amounts collected under such section, as amended by this +Act, will immediately be credited to this account and will remain +available until expended for such purposes. + + Rural Housing Service + + rural housing insurance fund program account + + (including transfers of funds) + + For gross obligations for the principal amount of direct and +guaranteed loans as authorized by title V of the Housing Act of 1949, +to be available from funds in the rural housing insurance fund, as +follows: $1,000,000,000 shall be for direct loans and $24,000,000,000 +shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 +housing repair loans; $40,000,000 for section 515 rental housing; +$230,000,000 for section 538 guaranteed multi-family housing loans; +$10,000,000 for credit sales of single family housing acquired +property; $5,000,000 for section 523 self-help housing land development +loans; and $5,000,000 for section 524 site development loans. + For the cost of direct and guaranteed loans, including the cost of +modifying loans, as defined in section 502 of the Congressional Budget +Act of 1974, as follows: section 502 loans, $90,000,000 shall be for +direct loans; section 504 housing repair loans, $4,679,000; section 523 +self-help housing land development loans, $577,000; section 524 site +development loans, $546,000; and repair, rehabilitation, and new +construction of section 515 rental housing, $12,144,000: Provided, +That to support the loan program level for section 538 guaranteed loans +made available under this heading the Secretary may charge or adjust +any fees to cover the projected cost of such loan guarantees pursuant +to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et +seq.), and the interest on such loans may not be subsidized: Provided +further, That applicants in communities that have a current rural area +waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) +shall be treated as living in a rural area for purposes of section 502 +guaranteed loans provided under this heading: Provided further, That +of the amounts available under this paragraph for section 502 direct +loans, no less than $5,000,000 shall be available for direct loans for +individuals whose homes will be built pursuant to a program funded with +a mutual and self-help housing grant authorized by section 523 of the +Housing Act of 1949 until June 1, 2020: Provided further, That the +Secretary shall implement provisions to provide incentives to nonprofit +organizations and public housing authorities to facilitate the +acquisition of Rural Housing Service (RHS) multifamily housing +properties by such nonprofit organizations and public housing +authorities that commit to keep such properties in the RHS multifamily +housing program for a period of time as determined by the Secretary, +with such incentives to include, but not be limited to, the following: +allow such nonprofit entities and public housing authorities to earn a +Return on Investment on their own resources to include proceeds from +low income housing tax credit syndication, own contributions, grants, +and developer loans at favorable rates and terms, invested in a deal; +and allow reimbursement of organizational costs associated with owner's +oversight of asset referred to as ``Asset Management Fee'' of up to +$7,500 per property. + In addition, for the cost of direct loans, grants, and contracts, +as authorized by sections 514 and 516 of the Housing Act of 1949 (42 +U.S.C. 1484, 1486), $18,739,000, to remain available until expended, +for direct farm labor housing loans and domestic farm labor housing +grants and contracts: Provided, That any balances available for the +Farm Labor Program Account shall be transferred to and merged with this +account. + In addition, for administrative expenses necessary to carry out the +direct and guaranteed loan programs, $412,254,000 shall be transferred +to and merged with the appropriation for ``Rural Development, Salaries +and Expenses''. + + rental assistance program + + For rental assistance agreements entered into or renewed pursuant +to the authority under section 521(a)(2) of the Housing Act of 1949 or +agreements entered into in lieu of debt forgiveness or payments for +eligible households as authorized by section 502(c)(5)(D) of the +Housing Act of 1949, $1,375,000,000, of which $40,000,000 shall be +available until September 30, 2021; and in addition such sums as may be +necessary, as authorized by section 521(c) of the Act, to liquidate +debt incurred prior to fiscal year 1992 to carry out the rental +assistance program under section 521(a)(2) of the Act: Provided, That +rental assistance agreements entered into or renewed during the current +fiscal year shall be funded for a one-year period: Provided further, +That upon request by an owner of a project financed by an existing loan +under section 514 or 515 of the Act, the Secretary may renew the rental +assistance agreement for a period of 20 years or until the term of such +loan has expired, subject to annual appropriations: Provided further, +That any unexpended balances remaining at the end of such one-year +agreements may be transferred and used for purposes of any debt +reduction; maintenance, repair, or rehabilitation of any existing +projects; preservation; and rental assistance activities authorized +under title V of the Act: Provided further, That rental assistance +provided under agreements entered into prior to fiscal year 2020 for a +farm labor multi-family housing project financed under section 514 or +516 of the Act may not be recaptured for use in another project until +such assistance has remained unused for a period of 12 consecutive +months, if such project has a waiting list of tenants seeking such +assistance or the project has rental assistance eligible tenants who +are not receiving such assistance: Provided further, That such +recaptured rental assistance shall, to the extent practicable, be +applied to another farm labor multi-family housing project financed +under section 514 or 516 of the Act: Provided further, That except as +provided in the fourth proviso under this heading and notwithstanding +any other provision of the Act, the Secretary may recapture rental +assistance provided under agreements entered into prior to fiscal year +2020 for a project that the Secretary determines no longer needs rental +assistance and use such recaptured funds for current needs. + + multi-family housing revitalization program account + + For the rural housing voucher program as authorized under section +542 of the Housing Act of 1949, but notwithstanding subsection (b) of +such section, and for additional costs to conduct a demonstration +program for the preservation and revitalization of multi-family rental +housing properties described in this paragraph, $60,000,000, to remain +available until expended: Provided, That of the funds made available +under this heading, $32,000,000, shall be available for rural housing +vouchers to any low-income household (including those not receiving +rental assistance) residing in a property financed with a section 515 +loan which has been prepaid after September 30, 2005: Provided +further, That the amount of such voucher shall be the difference +between comparable market rent for the section 515 unit and the tenant +paid rent for such unit: Provided further, That funds made available +for such vouchers shall be subject to the availability of annual +appropriations: Provided further, That the Secretary shall, to the +maximum extent practicable, administer such vouchers with current +regulations and administrative guidance applicable to section 8 housing +vouchers administered by the Secretary of the Department of Housing and +Urban Development: Provided further, That if the Secretary determines +that the amount made available for vouchers in this or any other Act is +not needed for vouchers, the Secretary may use such funds for the +demonstration program for the preservation and revitalization of multi- +family rental housing properties described in this paragraph: Provided +further, That of the funds made available under this heading, +$28,000,000 shall be available for a demonstration program for the +preservation and revitalization of the sections 514, 515, and 516 +multi-family rental housing properties to restructure existing USDA +multi-family housing loans, as the Secretary deems appropriate, +expressly for the purposes of ensuring the project has sufficient +resources to preserve the project for the purpose of providing safe and +affordable housing for low-income residents and farm laborers including +reducing or eliminating interest; deferring loan payments, +subordinating, reducing or reamortizing loan debt; and other financial +assistance including advances, payments and incentives (including the +ability of owners to obtain reasonable returns on investment) required +by the Secretary: Provided further, That the Secretary shall as part +of the preservation and revitalization agreement obtain a restrictive +use agreement consistent with the terms of the restructuring: Provided +further, That if the Secretary determines that additional funds for +vouchers described in this paragraph are needed, funds for the +preservation and revitalization demonstration program may be used for +such vouchers: Provided further, That if Congress enacts legislation +to permanently authorize a multi-family rental housing loan +restructuring program similar to the demonstration program described +herein, the Secretary may use funds made available for the +demonstration program under this heading to carry out such legislation +with the prior approval of the Committees on Appropriations of both +Houses of Congress: Provided further, That in addition to any other +available funds, the Secretary may expend not more than $1,000,000 +total, from the program funds made available under this heading, for +administrative expenses for activities funded under this heading. + + mutual and self-help housing grants + + For grants and contracts pursuant to section 523(b)(1)(A) of the +Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to remain available +until expended. + + rural housing assistance grants + + For grants for very low-income housing repair and rural housing +preservation made by the Rural Housing Service, as authorized by 42 +U.S.C. 1474, and 1490m, $45,000,000, to remain available until +expended. + + rural community facilities program account + + (including transfers of funds) + + For gross obligations for the principal amount of direct and +guaranteed loans as authorized by section 306 and described in section +381E(d)(1) of the Consolidated Farm and Rural Development Act, +$2,800,000,000 for direct loans and $500,000,000 for guaranteed loans. + For the cost of grants for rural community facilities programs as +authorized by section 306 and described in section 381E(d)(1) of the +Consolidated Farm and Rural Development Act, $49,000,000, to remain +available until expended: Provided, That $6,000,000 of the amount +appropriated under this heading shall be available for a Rural +Community Development Initiative: Provided further, That such funds +shall be used solely to develop the capacity and ability of private, +nonprofit community-based housing and community development +organizations, low-income rural communities, and Federally Recognized +Native American Tribes to undertake projects to improve housing, +community facilities, community and economic development projects in +rural areas: Provided further, That such funds shall be made available +to qualified private, nonprofit and public intermediary organizations +proposing to carry out a program of financial and technical assistance: + Provided further, That such intermediary organizations shall provide +matching funds from other sources, including Federal funds for related +activities, in an amount not less than funds provided: Provided +further, That $6,000,000 of the amount appropriated under this heading +shall be to provide grants for facilities in rural communities with +extreme unemployment and severe economic depression (Public Law 106- +387), with up to 5 percent for administration and capacity building in +the State rural development offices: Provided further, That $5,000,000 +of the amount appropriated under this heading shall be available for +community facilities grants to tribal colleges, as authorized by +section 306(a)(19) of such Act: Provided further, That sections 381E-H +and 381N of the Consolidated Farm and Rural Development Act are not +applicable to the funds made available under this heading. + + Rural Business--Cooperative Service + + rural business program account + + (including transfers of funds) + + For the cost of loan guarantees and grants, for the rural business +development programs authorized by section 310B and described in +subsections (a), (c), (f) and (g) of section 310B of the Consolidated +Farm and Rural Development Act, $66,500,000, to remain available until +expended: Provided, That of the amount appropriated under this +heading, not to exceed $500,000 shall be made available for one grant +to a qualified national organization to provide technical assistance +for rural transportation in order to promote economic development and +$9,000,000 shall be for grants to the Delta Regional Authority (7 +U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40 +U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40 +U.S.C. 14101 et seq.) for any Rural Community Advancement Program +purpose as described in section 381E(d) of the Consolidated Farm and +Rural Development Act, of which not more than 5 percent may be used for +administrative expenses: Provided further, That $4,000,000 of the +amount appropriated under this heading shall be for business grants to +benefit Federally Recognized Native American Tribes, including $250,000 +for a grant to a qualified national organization to provide technical +assistance for rural transportation in order to promote economic +development: Provided further, That sections 381E-H and 381N of the +Consolidated Farm and Rural Development Act are not applicable to funds +made available under this heading. + + intermediary relending program fund account + + (including transfer of funds) + + For the principal amount of direct loans, as authorized by the +Intermediary Relending Program Fund Account (7 U.S.C. 1936b), +$18,889,000. + For the cost of direct loans, $5,219,000, as authorized by the +Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which +$557,000 shall be available through June 30, 2020, for Federally +Recognized Native American Tribes; and of which $1,072,000 shall be +available through June 30, 2020, for Mississippi Delta Region counties +(as determined in accordance with Public Law 100-460): Provided, That +such costs, including the cost of modifying such loans, shall be as +defined in section 502 of the Congressional Budget Act of 1974. + In addition, for administrative expenses to carry out the direct +loan programs, $4,468,000 shall be transferred to and merged with the +appropriation for ``Rural Development, Salaries and Expenses''. + + rural economic development loans program account + + For the principal amount of direct loans, as authorized under +section 313B(a) of the Rural Electrification Act, for the purpose of +promoting rural economic development and job creation projects, +$50,000,000. + The cost of grants authorized under section 313B(a) of the Rural +Electrification Act, for the purpose of promoting rural economic +development and job creation projects shall not exceed $10,000,000. + + rural cooperative development grants + + For rural cooperative development grants authorized under section +310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. +1932), $26,600,000, of which $2,800,000 shall be for cooperative +agreements for the appropriate technology transfer for rural areas +program: Provided, That not to exceed $3,000,000 shall be for grants +for cooperative development centers, individual cooperatives, or groups +of cooperatives that serve socially disadvantaged groups and a majority +of the boards of directors or governing boards of which are comprised +of individuals who are members of socially disadvantaged groups; and of +which $15,000,000, to remain available until expended, shall be for +value-added agricultural product market development grants, as +authorized by section 210A of the Agricultural Marketing Act of 1946, +of which $3,000,000, to remain available until expended, shall be for +Agriculture Innovation Centers authorized pursuant to section 6402 of +Public Law 107-171. + + rural microentrepreneur assistance program + + For the cost of loans and grants, $6,000,000 under the same terms +and conditions as authorized by section 379E of the Consolidated Farm +and Rural Development Act (7 U.S.C. 2008s): Provided, That such costs +of loans, including the cost of modifying such loans, shall be defined +in section 502 of the Congressional Budget Act of 1974. + + rural energy for america program + + For the cost of a program of loan guarantees, under the same terms +and conditions as authorized by section 9007 of the Farm Security and +Rural Investment Act of 2002 (7 U.S.C. 8107), $706,000: Provided, That +the cost of loan guarantees, including the cost of modifying such +loans, shall be as defined in section 502 of the Congressional Budget +Act of 1974. + + Rural Utilities Service + + rural water and waste disposal program account + + (including transfers of funds) + + For the cost of direct loans, loan guarantees and grants for rural +water, waste water, waste disposal, and solid waste management programs +authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and +described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the +Consolidated Farm and Rural Development Act, $659,480,000, to remain +available until expended, of which not to exceed $1,000,000 shall be +available for the rural utilities program described in section +306(a)(2)(B) of such Act, and of which not to exceed $5,000,000 shall +be available for the rural utilities program described in section 306E +of such Act: Provided, That not to exceed $15,000,000 of the amount +appropriated under this heading shall be for grants authorized by +section 306A(i)(2) of the Consolidated Farm and Rural Development Act +in addition to funding authorized by section 306A(i)(1) of such Act: +Provided further, That $68,000,000 of the amount appropriated under +this heading shall be for loans and grants including water and waste +disposal systems grants authorized by section 306C(a)(2)(B) and section +306D of the Consolidated Farm and Rural Development Act, and Federally +Recognized Native American Tribes authorized by 306C(a)(1) of such Act: + Provided further, That funding provided for section 306D of the +Consolidated Farm and Rural Development Act may be provided to a +consortium formed pursuant to section 325 of Public Law 105-83: +Provided further, That not more than 2 percent of the funding provided +for section 306D of the Consolidated Farm and Rural Development Act may +be used by the State of Alaska for training and technical assistance +programs and not more than 2 percent of the funding provided for +section 306D of the Consolidated Farm and Rural Development Act may be +used by a consortium formed pursuant to section 325 of Public Law 105- +83 for training and technical assistance programs: Provided further, +That not to exceed $30,000,000 of the amount appropriated under this +heading shall be for technical assistance grants for rural water and +waste systems pursuant to section 306(a)(14) of such Act, unless the +Secretary makes a determination of extreme need, of which $8,000,000 +shall be made available for a grant to a qualified nonprofit multi- +State regional technical assistance organization, with experience in +working with small communities on water and waste water problems, the +principal purpose of such grant shall be to assist rural communities +with populations of 3,300 or less, in improving the planning, +financing, development, operation, and management of water and waste +water systems, and of which not less than $800,000 shall be for a +qualified national Native American organization to provide technical +assistance for rural water systems for tribal communities: Provided +further, That not to exceed $19,570,000 of the amount appropriated +under this heading shall be for contracting with qualified national +organizations for a circuit rider program to provide technical +assistance for rural water systems: Provided further, That not to +exceed $4,000,000 shall be for solid waste management grants: Provided +further, That $10,000,000 of the amount appropriated under this heading +shall be transferred to, and merged with, the Rural Utilities Service, +High Energy Cost Grants Account to provide grants authorized under +section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): +Provided further, That any prior year balances for high-energy cost +grants authorized by section 19 of the Rural Electrification Act of +1936 (7 U.S.C. 918a) shall be transferred to and merged with the Rural +Utilities Service, High Energy Cost Grants Account: Provided further, +That sections 381E-H and 381N of the Consolidated Farm and Rural +Development Act are not applicable to the funds made available under +this heading. + + rural electrification and telecommunications loans program account + + (including transfer of funds) + + The principal amount of direct and guaranteed loans as authorized +by sections 305, 306, and 317 of the Rural Electrification Act of 1936 +(7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made +pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that +Act, rural electric, $5,500,000,000; guaranteed underwriting loans +pursuant to section 313A of that Act, $750,000,000; 5 percent rural +telecommunications loans, cost of money rural telecommunications loans, +and for loans made pursuant to section 306 of that Act, rural +telecommunications loans, $690,000,000: Provided, That up to +$2,000,000,000 shall be used for the construction, acquisition, design +and engineering or improvement of fossil-fueled electric generating +plants (whether new or existing) that utilize carbon subsurface +utilization and storage systems. + For the cost of direct loans as authorized by section 305 of the +Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of +modifying loans, as defined in section 502 of the Congressional Budget +Act of 1974, cost of money rural telecommunications loans, $3,795,000. + In addition, for administrative expenses necessary to carry out the +direct and guaranteed loan programs, $33,270,000, which shall be +transferred to and merged with the appropriation for ``Rural +Development, Salaries and Expenses''. + + distance learning, telemedicine, and broadband program + + For the principal amount of broadband telecommunication loans, +$11,179,000. + For grants for telemedicine and distance learning services in rural +areas, as authorized by 7 U.S.C. 950aaa et seq., $50,000,000, to remain +available until expended: Provided, That $3,000,000 shall be made +available for grants authorized by 379G of the Consolidated Farm and +Rural Development Act: Provided further, That funding provided under +this heading for grants under 379G of the Consolidated Farm and Rural +Development Act may only be provided to entities that meet all of the +eligibility criteria for a consortium as established by this section. + For the cost of broadband loans, as authorized by section 601 of +the Rural Electrification Act, $2,000,000, to remain available until +expended: Provided, That the cost of direct loans shall be as defined +in section 502 of the Congressional Budget Act of 1974. + In addition, $35,000,000, to remain available until expended, for a +grant program to finance broadband transmission in rural areas eligible +for Distance Learning and Telemedicine Program benefits authorized by 7 +U.S.C. 950aaa et seq. + + TITLE IV + + DOMESTIC FOOD PROGRAMS + + Office of the Under Secretary for Food, Nutrition, and Consumer + Services + + For necessary expenses of the Office of the Under Secretary for +Food, Nutrition, and Consumer Services, $800,000: Provided, That funds +made available by this Act to an agency in the Food, Nutrition and +Consumer Services mission area for salaries and expenses are available +to fund up to one administrative support staff for the Office. + + Food and Nutrition Service + + child nutrition programs + + (including transfers of funds) + + For necessary expenses to carry out the Richard B. Russell National +School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the +Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections +17 and 21; $23,615,098,000 to remain available through September 30, +2021, of which such sums as are made available under section +14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public +Law 110-246), as amended by this Act, shall be merged with and +available for the same time period and purposes as provided herein: +Provided, That of the total amount available, $18,004,000 shall be +available to carry out section 19 of the Child Nutrition Act of 1966 +(42 U.S.C. 1771 et seq.): Provided further, That of the total amount +available, $14,999,000 shall be available to carry out studies and +evaluations and shall remain available until expended: Provided +further, That of the total amount available, $30,000,000 shall be +available to provide competitive grants to State agencies for subgrants +to local educational agencies and schools to purchase the equipment, +with a value of greater than $1,000, needed to serve healthier meals, +improve food safety, and to help support the establishment, +maintenance, or expansion of the school breakfast program: Provided +further, That of the total amount available, $35,000,000 shall remain +available until expended to carry out section 749(g) of the Agriculture +Appropriations Act of 2010 (Public Law 111-80): Provided further, That +section 26(d) of the Richard B. Russell National School Lunch Act (42 +U.S.C. 1769g(d)) is amended in the first sentence by striking ``2010 +through 2019'' and inserting ``2010 through 2021'': Provided further, +That section 9(h)(3) of the Richard B. Russell National School Lunch +Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence by striking +``For fiscal year 2019'' and inserting ``For fiscal year 2020'': +Provided further, That section 9(h)(4) of the Richard B. Russell +National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the +first sentence by striking ``For fiscal year 2019'' and inserting ``For +fiscal year 2020''. + +special supplemental nutrition program for women, infants, and children + (wic) + + For necessary expenses to carry out the special supplemental +nutrition program as authorized by section 17 of the Child Nutrition +Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available +through September 30, 2021: Provided, That notwithstanding section +17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), +not less than $90,000,000 shall be used for breastfeeding peer +counselors and other related activities, and $14,000,000 shall be used +for infrastructure: Provided further, That none of the funds provided +in this account shall be available for the purchase of infant formula +except in accordance with the cost containment and competitive bidding +requirements specified in section 17 of such Act: Provided further, +That none of the funds provided shall be available for activities that +are not fully reimbursed by other Federal Government departments or +agencies unless authorized by section 17 of such Act: Provided +further, That upon termination of a federally mandated vendor +moratorium and subject to terms and conditions established by the +Secretary, the Secretary may waive the requirement at 7 CFR +246.12(g)(6) at the request of a State agency. + + supplemental nutrition assistance program + + For necessary expenses to carry out the Food and Nutrition Act of +2008 (7 U.S.C. 2011 et seq.), $67,886,285,000, of which $3,000,000,000, +to remain available through September 30, 2022, shall be placed in +reserve for use only in such amounts and at such times as may become +necessary to carry out program operations: Provided, That funds +provided herein shall be expended in accordance with section 16 of the +Food and Nutrition Act of 2008: Provided further, That of the funds +made available under this heading, $998,000 may be used to provide +nutrition education services to State agencies and Federally Recognized +Tribes participating in the Food Distribution Program on Indian +Reservations: Provided further, That this appropriation shall be +subject to any work registration or workfare requirements as may be +required by law: Provided further, That funds made available for +Employment and Training under this heading shall remain available +through September 30, 2021: Provided further, That funds made +available under this heading for section 28(d)(1), section 4(b), and +section 27(a) of the Food and Nutrition Act of 2008 shall remain +available through September 30, 2021: Provided further, That none of +the funds made available under this heading may be obligated or +expended in contravention of section 213A of the Immigration and +Nationality Act (8 U.S.C. 1183A): Provided further, That funds made +available under this heading may be used to enter into contracts and +employ staff to conduct studies, evaluations, or to conduct activities +related to program integrity provided that such activities are +authorized by the Food and Nutrition Act of 2008. + + commodity assistance program + + For necessary expenses to carry out disaster assistance and the +Commodity Supplemental Food Program as authorized by section 4(a) of +the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c +note); the Emergency Food Assistance Act of 1983; special assistance +for the nuclear affected islands, as authorized by section 103(f)(2) of +the Compact of Free Association Amendments Act of 2003 (Public Law 108- +188); and the Farmers' Market Nutrition Program, as authorized by +section 17(m) of the Child Nutrition Act of 1966, $344,248,000, to +remain available through September 30, 2021: Provided, That none of +these funds shall be available to reimburse the Commodity Credit +Corporation for commodities donated to the program: Provided further, +That notwithstanding any other provision of law, effective with funds +made available in fiscal year 2020 to support the Seniors Farmers' +Market Nutrition Program, as authorized by section 4402 of the Farm +Security and Rural Investment Act of 2002, such funds shall remain +available through September 30, 2021: Provided further, That of the +funds made available under section 27(a) of the Food and Nutrition Act +of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for +costs associated with the distribution of commodities. + + nutrition programs administration + + For necessary administrative expenses of the Food and Nutrition +Service for carrying out any domestic nutrition assistance program, +$155,891,000: Provided, That of the funds provided herein, $2,000,000 +shall be used for the purposes of section 4404 of Public Law 107-171, +as amended by section 4401 of Public Law 110-246. + + TITLE V + + FOREIGN ASSISTANCE AND RELATED PROGRAMS + + Office of the Under Secretary for Trade and Foreign Agricultural + Affairs + + For necessary expenses of the Office of the Under Secretary for +Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds +made available by this Act to any agency in the Trade and Foreign +Agricultural Affairs mission area for salaries and expenses are +available to fund up to one administrative support staff for the +Office. + + office of codex alimentarius + + For necessary expenses of the Office of Codex Alimentarius, +$4,775,000, including not to exceed $40,000 for official reception and +representation expenses. + + Foreign Agricultural Service + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the Foreign Agricultural Service, +including not to exceed $250,000 for representation allowances and for +expenses pursuant to section 8 of the Act approved August 3, 1956 (7 +U.S.C. 1766), $215,513,000, of which no more than 6 percent shall +remain available until September 30, 2021, for overseas operations to +include the payment of locally employed staff: Provided, That the +Service may utilize advances of funds, or reimburse this appropriation +for expenditures made on behalf of Federal agencies, public and private +organizations and institutions under agreements executed pursuant to +the agricultural food production assistance programs (7 U.S.C. 1737) +and the foreign assistance programs of the United States Agency for +International Development: Provided further, That funds made available +for middle-income country training programs, funds made available for +the Borlaug International Agricultural Science and Technology +Fellowship program, and up to $2,000,000 of the Foreign Agricultural +Service appropriation solely for the purpose of offsetting fluctuations +in international currency exchange rates, subject to documentation by +the Foreign Agricultural Service, shall remain available until +expended. + + food for peace title i direct credit and food for progress program + account + + (including transfer of funds) + + For administrative expenses to carry out the credit program of +title I, Food for Peace Act (Public Law 83-480) and the Food for +Progress Act of 1985, $142,000, shall be transferred to and merged with +the appropriation for ``Farm Service Agency, Salaries and Expenses''. + + food for peace title ii grants + + For expenses during the current fiscal year, not otherwise +recoverable, and unrecovered prior years' costs, including interest +thereon, under the Food for Peace Act (Public Law 83-480), for +commodities supplied in connection with dispositions abroad under title +II of said Act, $1,725,000,000, to remain available until expended. + + mcgovern-dole international food for education and child nutrition + program grants + + For necessary expenses to carry out the provisions of section 3107 +of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o- +1), $220,000,000, to remain available until expended: Provided, That +the Commodity Credit Corporation is authorized to provide the services, +facilities, and authorities for the purpose of implementing such +section, subject to reimbursement from amounts provided herein: +Provided further, That of the amount made available under this heading, +not more than 10 percent, but not less than $20,000,000, shall remain +available until expended to purchase agricultural commodities as +described in subsection 3107(a)(2) of the Farm Security and Rural +Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)). + + commodity credit corporation export (loans) credit guarantee program + account + + (including transfers of funds) + + For administrative expenses to carry out the Commodity Credit +Corporation's Export Guarantee Program, GSM 102 and GSM 103, +$6,381,000, to cover common overhead expenses as permitted by section +11 of the Commodity Credit Corporation Charter Act and in conformity +with the Federal Credit Reform Act of 1990, of which $6,063,000 shall +be transferred to and merged with the appropriation for ``Foreign +Agricultural Service, Salaries and Expenses'', and of which $318,000 +shall be transferred to and merged with the appropriation for ``Farm +Service Agency, Salaries and Expenses''. + + TITLE VI + + RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION + + Department of Health and Human Services + + food and drug administration + + salaries and expenses + + For necessary expenses of the Food and Drug Administration, +including hire and purchase of passenger motor vehicles; for payment of +space rental and related costs pursuant to Public Law 92-313 for +programs and activities of the Food and Drug Administration which are +included in this Act; for rental of special purpose space in the +District of Columbia or elsewhere; in addition to amounts appropriated +to the FDA Innovation Account, for carrying out the activities +described in section 1002(b)(4) of the 21st Century Cures Act (Public +Law 114-255); for miscellaneous and emergency expenses of enforcement +activities, authorized and approved by the Secretary and to be +accounted for solely on the Secretary's certificate, not to exceed +$25,000; and notwithstanding section 521 of Public Law 107-188; +$5,772,442,000: Provided, That of the amount provided under this +heading, $1,074,714,000 shall be derived from prescription drug user +fees authorized by 21 U.S.C. 379h, and shall be credited to this +account and remain available until expended; $220,142,000 shall be +derived from medical device user fees authorized by 21 U.S.C. 379j, and +shall be credited to this account and remain available until expended; +$513,223,000 shall be derived from human generic drug user fees +authorized by 21 U.S.C. 379j-42, and shall be credited to this account +and remain available until expended; $41,923,000 shall be derived from +biosimilar biological product user fees authorized by 21 U.S.C. 379j- +52, and shall be credited to this account and remain available until +expended; $30,611,000 shall be derived from animal drug user fees +authorized by 21 U.S.C. 379j-12, and shall be credited to this account +and remain available until expended; $20,151,000 shall be derived from +generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and +shall be credited to this account and remain available until expended; +$712,000,000 shall be derived from tobacco product user fees authorized +by 21 U.S.C. 387s, and shall be credited to this account and remain +available until expended: Provided further, That in addition to and +notwithstanding any other provision under this heading, amounts +collected for prescription drug user fees, medical device user fees, +human generic drug user fees, biosimilar biological product user fees, +animal drug user fees, and generic new animal drug user fees that +exceed the respective fiscal year 2020 limitations are appropriated and +shall be credited to this account and remain available until expended: +Provided further, That fees derived from prescription drug, medical +device, human generic drug, biosimilar biological product, animal drug, +and generic new animal drug assessments for fiscal year 2020, including +any such fees collected prior to fiscal year 2020 but credited for +fiscal year 2020, shall be subject to the fiscal year 2020 limitations: + Provided further, That the Secretary may accept payment during fiscal +year 2020 of user fees specified under this heading and authorized for +fiscal year 2021, prior to the due date for such fees, and that amounts +of such fees assessed for fiscal year 2021 for which the Secretary +accepts payment in fiscal year 2020 shall not be included in amounts +under this heading: Provided further, That none of these funds shall +be used to develop, establish, or operate any program of user fees +authorized by 31 U.S.C. 9701: Provided further, That of the total +amount appropriated: (1) $1,088,881,000 shall be for the Center for +Food Safety and Applied Nutrition and related field activities in the +Office of Regulatory Affairs, of which no less than $15,000,000 shall +be used for inspections of foreign seafood manufacturers and field +examinations of imported seafood; (2) $1,972,093,000 shall be for the +Center for Drug Evaluation and Research and related field activities in +the Office of Regulatory Affairs; (3) $419,302,000 shall be for the +Center for Biologics Evaluation and Research and for related field +activities in the Office of Regulatory Affairs; (4) $237,741,000 shall +be for the Center for Veterinary Medicine and for related field +activities in the Office of Regulatory Affairs; (5) $581,761,000 shall +be for the Center for Devices and Radiological Health and for related +field activities in the Office of Regulatory Affairs; (6) $66,712,000 +shall be for the National Center for Toxicological Research; (7) +$661,739,000 shall be for the Center for Tobacco Products and for +related field activities in the Office of Regulatory Affairs; (8) +$186,399,000 shall be for Rent and Related activities, of which +$53,913,000 is for White Oak Consolidation, other than the amounts paid +to the General Services Administration for rent; (9) $239,717,000 shall +be for payments to the General Services Administration for rent; and +(10) $318,097,000 shall be for other activities, including the Office +of the Commissioner of Food and Drugs, the Office of Foods and +Veterinary Medicine, the Office of Medical and Tobacco Products, the +Office of Global and Regulatory Policy, the Office of Operations, the +Office of the Chief Scientist, and central services for these offices: +Provided further, That not to exceed $25,000 of this amount shall be +for official reception and representation expenses, not otherwise +provided for, as determined by the Commissioner: Provided further, +That any transfer of funds pursuant to section 770(n) of the Federal +Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from +amounts made available under this heading for other activities: +Provided further, That of the amounts that are made available under +this heading for ``other activities'', and that are not derived from +user fees, $1,500,000 shall be transferred to and merged with the +appropriation for ``Department of Health and Human Services--Office of +Inspector General'' for oversight of the programs and operations of the +Food and Drug Administration and shall be in addition to funds +otherwise made available for oversight of the Food and Drug +Administration: Provided further, That funds may be transferred from +one specified activity to another with the prior approval of the +Committees on Appropriations of both Houses of Congress. + In addition, mammography user fees authorized by 42 U.S.C. 263b, +export certification user fees authorized by 21 U.S.C. 381, priority +review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed +recall fees, food reinspection fees, and voluntary qualified importer +program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees +authorized by 21 U.S.C. 379j-62, prescription drug wholesale +distributor licensing and inspection fees authorized by 21 U.S.C. +353(e)(3), third-party logistics provider licensing and inspection fees +authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees +authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority +review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and, +contingent upon the enactment of the Over-the-Counter Monograph User +Fee Act of 2019, fees relating to over-the-counter monograph drugs +authorized by part 10 of subchapter C of Chapter VII of the Federal +Food, Drug and Cosmetic Act shall be credited to this account, to +remain available until expended. + + buildings and facilities + + For plans, construction, repair, improvement, extension, +alteration, demolition, and purchase of fixed equipment or facilities +of or used by the Food and Drug Administration, where not otherwise +provided, $11,788,000, to remain available until expended. + + fda innovation account, cures act + + (including transfer of funds) + + For necessary expenses to carry out the purposes described under +section 1002(b)(4) of the 21st Century Cures Act, in addition to +amounts available for such purposes under the heading ``Salaries and +Expenses'', $75,000,000, to remain available until expended: Provided, +That amounts appropriated in this paragraph are appropriated pursuant +to section 1002(b)(3) of the 21st Century Cures Act, are to be derived +from amounts transferred under section 1002(b)(2)(A) of such Act, and +may be transferred by the Commissioner of Food and Drugs to the +appropriation for ``Department of Health and Human Services Food and +Drug Administration Salaries and Expenses'' solely for the purposes +provided in such Act: Provided further, That upon a determination by +the Commissioner that funds transferred pursuant to the previous +proviso are not necessary for the purposes provided, such amounts may +be transferred back to the account: Provided further, That such +transfer authority is in addition to any other transfer authority +provided by law. + + INDEPENDENT AGENCIES + + Commodity Futures Trading Commission + + For necessary expenses to carry out the provisions of the Commodity +Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of +passenger motor vehicles, and the rental of space (to include multiple +year leases), in the District of Columbia and elsewhere, $284,000,000, +including not to exceed $3,000 for official reception and +representation expenses, and not to exceed $25,000 for the expenses for +consultations and meetings hosted by the Commission with foreign +governmental and other regulatory officials, of which not less than +$20,000,000 shall remain available until September 30, 2021, and of +which not less than $3,200,000 shall be for expenses of the Office of +the Inspector General: Provided, That notwithstanding the limitations +in 31 U.S.C. 1553, amounts provided under this heading are available +for the liquidation of obligations equal to current year payments on +leases entered into prior to the date of enactment of this Act: +Provided further, That for the purpose of recording and liquidating any +lease obligations that should have been recorded and liquidated against +accounts closed pursuant to 31 U.S.C. 1552, and consistent with the +preceding proviso, such amounts shall be transferred to and recorded in +a no-year account in the Treasury, which has been established for the +sole purpose of recording adjustments for and liquidating such unpaid +obligations. + In addition, for move, replication, and related costs associated +with replacement leases for the Commission's facilities, not to exceed +$31,000,000, to remain available until expended. + + Farm Credit Administration + + limitation on administrative expenses + + Not to exceed $77,000,000 (from assessments collected from farm +credit institutions, including the Federal Agricultural Mortgage +Corporation) shall be obligated during the current fiscal year for +administrative expenses as authorized under 12 U.S.C. 2249: Provided, +That this limitation shall not apply to expenses associated with +receiverships: Provided further, That the agency may exceed this +limitation by up to 10 percent with notification to the Committees on +Appropriations of both Houses of Congress: Provided further, That the +purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 +U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an +amount in its sole discretion, from the application of the limitation +provided in that clause of export loans described in the clause +guaranteed or insured in a manner other than described in subclause +(II) of the clause. + + TITLE VII + + GENERAL PROVISIONS + + (including rescissions and transfers of funds) + + Sec. 701. The Secretary may use any appropriations made available +to the Department of Agriculture in this Act to purchase new passenger +motor vehicles, in addition to specific appropriations for this +purpose, so long as the total number of vehicles purchased in fiscal +year 2020 does not exceed the number of vehicles owned or leased in +fiscal year 2018: Provided, That, prior to purchasing additional motor +vehicles, the Secretary must determine that such vehicles are necessary +for transportation safety, to reduce operational costs, and for the +protection of life, property, and public safety: Provided further, +That the Secretary may not increase the Department of Agriculture's +fleet above the 2018 level unless the Secretary notifies in writing, +and receives approval from, the Committees on Appropriations of both +Houses of Congress within 30 days of the notification. + Sec. 702. Notwithstanding any other provision of this Act, the +Secretary of Agriculture may transfer unobligated balances of +discretionary funds appropriated by this Act or any other available +unobligated discretionary balances that are remaining available of the +Department of Agriculture to the Working Capital Fund for the +acquisition of plant and capital equipment necessary for the delivery +of financial, administrative, and information technology services of +primary benefit to the agencies of the Department of Agriculture, such +transferred funds to remain available until expended: Provided, That +none of the funds made available by this Act or any other Act shall be +transferred to the Working Capital Fund without the prior approval of +the agency administrator: Provided further, That none of the funds +transferred to the Working Capital Fund pursuant to this section shall +be available for obligation without written notification to and the +prior approval of the Committees on Appropriations of both Houses of +Congress: Provided further, That none of the funds appropriated by +this Act or made available to the Department's Working Capital Fund +shall be available for obligation or expenditure to make any changes to +the Department's National Finance Center without written notification +to and prior approval of the Committees on Appropriations of both +Houses of Congress as required by section 716 of this Act: Provided +further, That none of the funds appropriated by this Act or made +available to the Department's Working Capital Fund shall be available +for obligation or expenditure to initiate, plan, develop, implement, or +make any changes to remove or relocate any systems, missions, or +functions of the offices of the Chief Financial Officer or any +personnel from the National Finance Center prior to written +notification to and prior approval of the Committee on Appropriations +of both Houses of Congress and in accordance with the requirements of +section 716 of this Act: Provided further, That the Secretary of +Agriculture and the offices of the Chief Financial Officer shall +actively market to existing and new Departments and other government +agencies National Finance Center shared services including, but not +limited to, payroll, financial management, and human capital shared +services and allow the National Finance Center to perform technology +upgrades: Provided further, That of annual income amounts in the +Working Capital Fund of the Department of Agriculture attributable to +the amounts in excess of the true costs of the shared services provided +by the National Finance Center and budgeted for the National Finance +Center, the Secretary shall reserve not more than 4 percent for the +replacement or acquisition of capital equipment, including equipment +for the improvement, delivery, and implementation of financial, +administrative, and information technology services, and other systems +of the National Finance Center or to pay any unforeseen, extraordinary +cost of the National Finance Center: Provided further, That none of +the amounts reserved shall be available for obligation unless the +Secretary submits written notification of the obligation to the +Committees on Appropriations of both Houses of Congress: Provided +further, That the limitations on the obligation of funds pending +notification to Congressional Committees shall not apply to any +obligation that, as determined by the Secretary, is necessary to +respond to a declared state of emergency that significantly impacts the +operations of the National Finance Center; or to evacuate employees of +the National Finance Center to a safe haven to continue operations of +the National Finance Center. + Sec. 703. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 704. No funds appropriated by this Act may be used to pay +negotiated indirect cost rates on cooperative agreements or similar +arrangements between the United States Department of Agriculture and +nonprofit institutions in excess of 10 percent of the total direct cost +of the agreement when the purpose of such cooperative arrangements is +to carry out programs of mutual interest between the two parties. This +does not preclude appropriate payment of indirect costs on grants and +contracts with such institutions when such indirect costs are computed +on a similar basis for all agencies for which appropriations are +provided in this Act. + Sec. 705. Appropriations to the Department of Agriculture for the +cost of direct and guaranteed loans made available in the current +fiscal year shall remain available until expended to disburse +obligations made in the current fiscal year for the following accounts: +the Rural Development Loan Fund program account, the Rural +Electrification and Telecommunication Loans program account, and the +Rural Housing Insurance Fund program account. + Sec. 706. None of the funds made available to the Department of +Agriculture by this Act may be used to acquire new information +technology systems or significant upgrades, as determined by the Office +of the Chief Information Officer, without the approval of the Chief +Information Officer and the concurrence of the Executive Information +Technology Investment Review Board: Provided, That notwithstanding any +other provision of law, none of the funds appropriated or otherwise +made available by this Act may be transferred to the Office of the +Chief Information Officer without written notification to and the prior +approval of the Committees on Appropriations of both Houses of +Congress: Provided further, That, notwithstanding section 11319 of +title 40, United States Code, none of the funds available to the +Department of Agriculture for information technology shall be obligated +for projects, contracts, or other agreements over $25,000 prior to +receipt of written approval by the Chief Information Officer: Provided +further, That the Chief Information Officer may authorize an agency to +obligate funds without written approval from the Chief Information +Officer for projects, contracts, or other agreements up to $250,000 +based upon the performance of an agency measured against the +performance plan requirements described in the explanatory statement +accompanying Public Law 113-235. + Sec. 707. Funds made available under section 524(b) of the Federal +Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall +remain available until expended to disburse obligations made in the +current fiscal year. + Sec. 708. Notwithstanding any other provision of law, any former +RUS borrower that has repaid or prepaid an insured, direct or +guaranteed loan under the Rural Electrification Act of 1936, or any +not-for-profit utility that is eligible to receive an insured or direct +loan under such Act, shall be eligible for assistance under section +313B(a) of such Act in the same manner as a borrower under such Act. + Sec. 709. (a) Except as otherwise specifically provided by law, not +more than $20,000,000 in unobligated balances from appropriations made +available for salaries and expenses in this Act for the Farm Service +Agency shall remain available through September 30, 2021, for +information technology expenses. + (b) Except as otherwise specifically provided by law, not more than +$20,000,000 in unobligated balances from appropriations made available +for salaries and expenses in this Act for the Rural Development mission +area shall remain available through September 30, 2021, for information +technology expenses. + Sec. 710. None of the funds appropriated or otherwise made +available by this Act may be used for first-class travel by the +employees of agencies funded by this Act in contravention of sections +301-10.122 through 301-10.124 of title 41, Code of Federal Regulations. + Sec. 711. In the case of each program established or amended by +the Agricultural Act of 2014 (Public Law 113-79) or by a successor to +that Act, other than by title I or subtitle A of title III of such Act, +or programs for which indefinite amounts were provided in that Act, +that is authorized or required to be carried out using funds of the +Commodity Credit Corporation-- + (1) such funds shall be available for salaries and related + administrative expenses, including technical assistance, associated + with the implementation of the program, without regard to the + limitation on the total amount of allotments and fund transfers + contained in section 11 of the Commodity Credit Corporation Charter + Act (15 U.S.C. 714i); and + (2) the use of such funds for such purpose shall not be + considered to be a fund transfer or allotment for purposes of + applying the limitation on the total amount of allotments and fund + transfers contained in such section. + Sec. 712. Of the funds made available by this Act, not more than +$2,900,000 shall be used to cover necessary expenses of activities +related to all advisory committees, panels, commissions, and task +forces of the Department of Agriculture, except for panels used to +comply with negotiated rule makings and panels used to evaluate +competitively awarded grants. + Sec. 713. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + Sec. 714. Notwithstanding subsection (b) of section 14222 of +Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as +``section 14222''), none of the funds appropriated or otherwise made +available by this or any other Act shall be used to pay the salaries +and expenses of personnel to carry out a program under section 32 of +the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to +as ``section 32'') in excess of $1,331,725,000 (exclusive of carryover +appropriations from prior fiscal years), as follows: Child Nutrition +Programs Entitlement Commodities--$485,000,000; State Option +Contracts--$5,000,000; Removal of Defective Commodities--$2,500,000; +Administration of Section 32 Commodity Purchases--$35,853,000: +Provided, That of the total funds made available in the matter +preceding this proviso that remain unobligated on October 1, 2020, such +unobligated balances shall carryover into fiscal year 2021 and shall +remain available until expended for any of the purposes of section 32, +except that any such carryover funds used in accordance with clause (3) +of section 32 may not exceed $350,000,000 and may not be obligated +until the Secretary of Agriculture provides written notification of the +expenditures to the Committees on Appropriations of both Houses of +Congress at least two weeks in advance: Provided further, That, with +the exception of any available carryover funds authorized in any prior +appropriations Act to be used for the purposes of clause (3) of section +32, none of the funds appropriated or otherwise made available by this +or any other Act shall be used to pay the salaries or expenses of any +employee of the Department of Agriculture to carry out clause (3) of +section 32. + Sec. 715. None of the funds appropriated by this or any other Act +shall be used to pay the salaries and expenses of personnel who prepare +or submit appropriations language as part of the President's budget +submission to the Congress for programs under the jurisdiction of the +Appropriations Subcommittees on Agriculture, Rural Development, Food +and Drug Administration, and Related Agencies that assumes revenues or +reflects a reduction from the previous year due to user fees proposals +that have not been enacted into law prior to the submission of the +budget unless such budget submission identifies which additional +spending reductions should occur in the event the user fees proposals +are not enacted prior to the date of the convening of a committee of +conference for the fiscal year 2021 appropriations Act. + Sec. 716. (a) None of the funds provided by this Act, or provided +by previous appropriations Acts to the agencies funded by this Act that +remain available for obligation or expenditure in the current fiscal +year, or provided from any accounts in the Treasury derived by the +collection of fees available to the agencies funded by this Act, shall +be available for obligation or expenditure through a reprogramming, +transfer of funds, or reimbursements as authorized by the Economy Act, +or in the case of the Department of Agriculture, through use of the +authority provided by section 702(b) of the Department of Agriculture +Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 +(7 U.S.C. 2263), that-- + (1) creates new programs; + (2) eliminates a program, project, or activity; + (3) increases funds or personnel by any means for any project + or activity for which funds have been denied or restricted; + (4) relocates an office or employees; + (5) reorganizes offices, programs, or activities; or + (6) contracts out or privatizes any functions or activities + presently performed by Federal employees; +unless the Secretary of Agriculture, the Chairman of the Commodity +Futures Trading Commission, or the Secretary of Health and Human +Services (as the case may be) notifies in writing and receives approval +from the Committees on Appropriations of both Houses of Congress at +least 30 days in advance of the reprogramming of such funds or the use +of such authority. + (b) None of the funds provided by this Act, or provided by previous +Appropriations Acts to the agencies funded by this Act that remain +available for obligation or expenditure in the current fiscal year, or +provided from any accounts in the Treasury derived by the collection of +fees available to the agencies funded by this Act, shall be available +for obligation or expenditure for activities, programs, or projects +through a reprogramming or use of the authorities referred to in +subsection (a) involving funds in excess of $500,000 or 10 percent, +whichever is less, that-- + (1) augments existing programs, projects, or activities; + (2) reduces by 10 percent funding for any existing program, + project, or activity, or numbers of personnel by 10 percent as + approved by Congress; or + (3) results from any general savings from a reduction in + personnel which would result in a change in existing programs, + activities, or projects as approved by Congress; +unless the Secretary of Agriculture, the Chairman of the Commodity +Futures Trading Commission, or the Secretary of Health and Human +Services (as the case may be) notifies in writing and receives approval +from the Committees on Appropriations of both Houses of Congress at +least 30 days in advance of the reprogramming or transfer of such funds +or the use of such authority. + (c) The Secretary of Agriculture, the Chairman of the Commodity +Futures Trading Commission, or the Secretary of Health and Human +Services shall notify in writing and receive approval from the +Committees on Appropriations of both Houses of Congress before +implementing any program or activity not carried out during the +previous fiscal year unless the program or activity is funded by this +Act or specifically funded by any other Act. + (d) None of the funds provided by this Act, or provided by previous +Appropriations Acts to the agencies funded by this Act that remain +available for obligation or expenditure in the current fiscal year, or +provided from any accounts in the Treasury derived by the collection of +fees available to the agencies funded by this Act, shall be available +for-- + (1) modifying major capital investments funding levels, + including information technology systems, that involves increasing + or decreasing funds in the current fiscal year for the individual + investment in excess of $500,000 or 10 percent of the total cost, + whichever is less; + (2) realigning or reorganizing new, current, or vacant + positions or agency activities or functions to establish a center, + office, branch, or similar entity with five or more personnel; or + (3) carrying out activities or functions that were not + described in the budget request; +unless the agencies funded by this Act notify, in writing, the +Committees on Appropriations of both Houses of Congress at least 30 +days in advance of using the funds for these purposes. + (e) As described in this section, no funds may be used for any +activities unless the Secretary of Agriculture, the Chairman of the +Commodity Futures Trading Commission, or the Secretary of Health and +Human Services receives from the Committee on Appropriations of both +Houses of Congress written or electronic mail confirmation of receipt +of the notification as required in this section. + Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated +Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may +assess a one-time fee for any guaranteed business and industry loan in +an amount that does not exceed 3 percent of the guaranteed principal +portion of the loan. + Sec. 718. None of the funds appropriated or otherwise made +available to the Department of Agriculture, the Food and Drug +Administration, the Commodity Futures Trading Commission, or the Farm +Credit Administration shall be used to transmit or otherwise make +available reports, questions, or responses to questions that are a +result of information requested for the appropriations hearing process +to any non-Department of Agriculture, non-Department of Health and +Human Services, non-Commodity Futures Trading Commission, or non-Farm +Credit Administration employee. + Sec. 719. Unless otherwise authorized by existing law, none of the +funds provided in this Act, may be used by an executive branch agency +to produce any prepackaged news story intended for broadcast or +distribution in the United States unless the story includes a clear +notification within the text or audio of the prepackaged news story +that the prepackaged news story was prepared or funded by that +executive branch agency. + Sec. 720. No employee of the Department of Agriculture may be +detailed or assigned from an agency or office funded by this Act or any +other Act to any other agency or office of the Department for more than +60 days in a fiscal year unless the individual's employing agency or +office is fully reimbursed by the receiving agency or office for the +salary and expenses of the employee for the period of assignment. + Sec. 721. For the purposes of determining eligibility or level of +program assistance for Rural Development programs the Secretary shall +not include incarcerated prison populations. + Sec. 722. Not later than 30 days after the date of enactment of +this Act, the Secretary of Agriculture, the Commissioner of the Food +and Drug Administration, the Chairman of the Commodity Futures Trading +Commission, and the Chairman of the Farm Credit Administration shall +submit to the Committees on Appropriations of both Houses of Congress a +detailed spending plan by program, project, and activity for all the +funds made available under this Act including appropriated user fees, +as defined in the explanatory statement described in section 4 (in the +matter preceding division A of this consolidated Act). + Sec. 723. Of the unobligated balances from amounts made available +for the supplemental nutrition program as authorized by section 17 of +the Child Nutrition Act of 1966 (42 U.S.C. 1786), $1,000,000,000 are +hereby rescinded. + Sec. 724. The Secretary shall continue an intermediary loan +packaging program based on the pilot program in effect for fiscal year +2013 for packaging and reviewing section 502 single family direct +loans. The Secretary shall continue agreements with current +intermediary organizations and with additional qualified intermediary +organizations. The Secretary shall work with these organizations to +increase effectiveness of the section 502 single family direct loan +program in rural communities and shall set aside and make available +from the national reserve section 502 loans an amount necessary to +support the work of such intermediaries and provide a priority for +review of such loans. + Sec. 725. For loans and loan guarantees that do not require budget +authority and the program level has been established in this Act, the +Secretary of Agriculture may increase the program level for such loans +and loan guarantees by not more than 25 percent: Provided, That prior +to the Secretary implementing such an increase, the Secretary notifies, +in writing, the Committees on Appropriations of both Houses of Congress +at least 15 days in advance. + Sec. 726. None of the credit card refunds or rebates transferred +to the Working Capital Fund pursuant to section 729 of the Agriculture, +Rural Development, Food and Drug Administration, and Related Agencies +Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be +available for obligation without written notification to, and the prior +approval of, the Committees on Appropriations of both Houses of +Congress: Provided, That the refunds or rebates so transferred shall +be available for obligation only for the acquisition of plant and +capital equipment necessary for the delivery of financial, +administrative, and information technology services, including cloud +adoption and migration, of primary benefit to the agencies of the +Department of Agriculture. + Sec. 727. None of the funds made available by this Act may be used +to implement, administer, or enforce the ``variety'' requirements of +the final rule entitled ``Enhancing Retailer Standards in the +Supplemental Nutrition Assistance Program (SNAP)'' published by the +Department of Agriculture in the Federal Register on December 15, 2016 +(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the +definition of the term ``variety'' as de fined in section +278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and +``variety'' as applied in the definition of the term ``staple food'' as +defined in section 271.2 of title 7, Code of Federal Regulations, to +increase the number of items that qualify as acceptable varieties in +each staple food category so that the total number of such items in +each staple food category exceeds the number of such items in each +staple food category included in the final rule as published on +December 15, 2016: Provided, That until the Secretary promulgates such +regulatory amendments, the Secretary shall apply the requirements +regarding acceptable varieties and breadth of stock to Supplemental +Nutrition Assistance Program retailers that were in effect on the day +before the date of the enactment of the Agricultural Act of 2014 +(Public Law 113-79). + Sec. 728. In carrying out subsection (h) of section 502 of the +Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture +shall have the same authority with respect to loans guaranteed under +such section and eligible lenders for such loans as the Secretary has +under subsections (h) and (j) of section 538 of such Act (42 U.S.C. +1490p-2) with respect to loans guaranteed under such section 538 and +eligible lenders for such loans. + Sec. 729. None of the funds made available by this Act may be used +to propose, promulgate, or implement any rule, or take any other action +with respect to, allowing or requiring information intended for a +prescribing health care professional, in the case of a drug or +biological product subject to section 503(b)(1) of the Federal Food, +Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such +professional electronically (in lieu of in paper form) unless and until +a Federal law is enacted to allow or require such distribution. + Sec. 730. None of the funds made available by this or any other +Act may be used to carry out the final rule promulgated by the Food and +Drug Administration and put into effect November 16, 2015, in regards +to the hazard analysis and risk-based preventive control requirements +of the current good manufacturing practice, hazard analysis, and risk- +based preventive controls for food for animals rule with respect to the +regulation of the production, distribution, sale, or receipt of dried +spent grain byproducts of the alcoholic beverage production process. + Sec. 731. Funds made available under title II of the Food for +Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide +assistance to recipient nations if adequate monitoring and controls, as +determined by the Administrator, are in place to ensure that emergency +food aid is received by the intended beneficiaries in areas affected by +food shortages and not diverted for unauthorized or inappropriate +purposes. + Sec. 732. There is hereby appropriated $12,000,000, to remain +available until expended, to carry out section 6407 of the Farm +Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, +That the Secretary may allow eligible entities, or comparable entities +that provide energy efficiency services using their own billing +mechanism to offer loans to customers in any part of their service +territory and to offer loans to replace a manufactured housing unit +with another manufactured housing unit, if replacement would be more +cost effective in saving energy. + Sec. 733. (a) The Secretary of Agriculture shall-- + (1) conduct audits in a manner that evaluates the following + factors in the country or region being audited, as applicable-- + (A) veterinary control and oversight; + (B) disease history and vaccination practices; + (C) livestock demographics and traceability; + (D) epidemiological separation from potential sources of + infection; + (E) surveillance practices; + (F) diagnostic laboratory capabilities; and + (G) emergency preparedness and response; and + (2) promptly make publicly available the final reports of any + audits or reviews conducted pursuant to subsection (1). + (b) This section shall be applied in a manner consistent with +United States obligations under its international trade agreements. + Sec. 734. No food that bears or contains partially hydrogenated +oils (as defined in the order published by the Food and Drug +Administration in the Federal Register on June 17, 2015 (80 Fed. Reg. +34650 et seq.)) shall be considered to be adulterated within the +meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of the +Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such +food contains such partially hydrogenated oils until the applicable +compliance dates specified by FDA in the Federal Register on May 21, +2018 (83 Fed. Reg. 23358 et seq.). + Sec. 735. None of the funds made available by this Act may be used +to carry out any activities or incur any expense related to the +issuance of licenses under section 3 of the Animal Welfare Act (7 +U.S.C. 2133), or the renewal of such licenses, to class B dealers who +sell dogs and cats for use in research, experiments, teaching, or +testing. + Sec. 736. (a)(1) No Federal funds made available for this fiscal +year for the rural water, waste water, waste disposal, and solid waste +management programs authorized by sections 306, 306A, 306C, 306D, 306E, +and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. +1926 et seq.) shall be used for a project for the construction, +alteration, maintenance, or repair of a public water or wastewater +system unless all of the iron and steel products used in the project +are produced in the United States. + (2) In this section, the term ``iron and steel products'' means the +following products made primarily of iron or steel: lined or unlined +pipes and fittings, manhole covers and other municipal castings, +hydrants, tanks, flanges, pipe clamps and restraints, valves, +structural steel, reinforced precast concrete, and construction +materials. + (b) Subsection (a) shall not apply in any case or category of cases +in which the Secretary of Agriculture (in this section referred to as +the ``Secretary'') or the designee of the Secretary finds that-- + (1) applying subsection (a) would be inconsistent with the + public interest; + (2) iron and steel products are not produced in the United + States in sufficient and reasonably available quantities or of a + satisfactory quality; or + (3) inclusion of iron and steel products produced in the United + States will increase the cost of the overall project by more than + 25 percent. + (c) If the Secretary or the designee receives a request for a +waiver under this section, the Secretary or the designee shall make +available to the public on an informal basis a copy of the request and +information available to the Secretary or the designee concerning the +request, and shall allow for informal public input on the request for +at least 15 days prior to making a finding based on the request. The +Secretary or the designee shall make the request and accompanying +information available by electronic means, including on the official +public Internet Web site of the Department. + (d) This section shall be applied in a manner consistent with +United States obligations under international agreements. + (e) The Secretary may retain up to 0.25 percent of the funds +appropriated in this Act for ``Rural Utilities Service--Rural Water and +Waste Disposal Program Account'' for carrying out the provisions +described in subsection (a)(1) for management and oversight of the +requirements of this section. + (f) Subsection (a) shall not apply with respect to a project for +which the engineering plans and specifications include use of iron and +steel products otherwise prohibited by such subsection if the plans and +specifications have received required approvals from State agencies +prior to the date of enactment of this Act. + (g) For purposes of this section, the terms ``United States'' and +``State'' shall include each of the several States, the District of +Columbia, and each federally recognized Indian tribe. + Sec. 737. None of the funds appropriated by this Act may be used +in any way, directly or indirectly, to influence congressional action +on any legislation or appropriation matters pending before Congress, +other than to communicate to Members of Congress as described in 18 +U.S.C. 1913. + Sec. 738. None of the funds made available by this Act may be used +to procure raw or processed poultry products imported into the United +States from the People's Republic of China for use in the school lunch +program under the Richard B. Russell National School Lunch Act (42 +U.S.C. 1751 et seq.), the Child and Adult Care Food Program under +section 17 of such Act (42 U.S.C. 1766), the Summer Food Service +Program for Children under section 13 of such Act (42 U.S.C. 1761), or +the school breakfast program under the Child Nutrition Act of 1966 (42 +U.S.C. 1771 et seq.). + Sec. 739. None of the funds made available by this Act may be used +to pay the salaries or expenses of personnel-- + (1) to inspect horses under section 3 of the Federal Meat + Inspection Act (21 U.S.C. 603); + (2) to inspect horses under section 903 of the Federal + Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; + Public Law 104-127); or + (3) to implement or enforce section 352.19 of title 9, Code of + Federal Regulations (or a successor regulation). + Sec. 740. Of the total amounts made available by this Act for +direct loans and grants in section 732 and in the following headings: +``Rural Housing Service--Rural Housing Insurance Fund Program +Account''; ``Rural Housing Service--Mutual and Self-Help Housing +Grants''; ``Rural Housing Service--Rural Housing Assistance Grants''; +``Rural Housing Service--Rural Community Facilities Program Account''; +``Rural Business-Cooperative Service--Rural Business Program Account''; +``Rural Business-Cooperative Service--Rural Economic Development Loans +Program Account''; ``Rural Business-Cooperative Service--Rural +Cooperative Development Grants''; ``Rural Utilities Service--Rural +Water and Waste Disposal Program Account''; ``Rural Utilities Service-- +Rural Electrification and Telecommunications Loans Program Account''; +and ``Rural Utilities Service--Distance Learning, Telemedicine, and +Broadband Program'', to the maximum extent feasible, at least 10 +percent of the funds shall be allocated for assistance in persistent +poverty counties under this section, including, notwithstanding any +other provision regarding population limits, any county seat of such a +persistent poverty county that has a population that does not exceed +the authorized population limit by more than 10 percent: Provided, +That for purposes of this section, the term ``persistent poverty +counties'' means any county that has had 20 percent or more of its +population living in poverty over the past 30 years, as measured by the +1990 and 2000 decennial censuses, and 2007-2011 American Community +Survey 5-year average, or any territory or possession of the United +States: Provided further, That with respect to specific activities for +which program levels have been made available by this Act that are not +supported by budget authority, the requirements of this section shall +be applied to such program level. + Sec. 741. (a) No funds shall be used to finalize the proposed rule +entitled ``Eligibility of the People's Republic of China (PRC) to +Export to the United States Poultry Products from Birds Slaughtered in +the PRC'' published in the Federal Register by the Department of +Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary +of Agriculture shall-- + (1) ensure that the poultry slaughter inspection system for the + PRC is equivalent to that of the United States; + (2) ensure that, before any poultry products can enter the + United States from any such poultry plant, such poultry products + comply with all other applicable requirements for poultry products + in interstate commerce in the United States; + (3) conduct periodic verification reviews and audits of any + such plants in the PRC intending to export into the United States + processed poultry products; + (4) conduct re-inspection of such poultry products at United + States ports-of-entry to check the general condition of such + products, for the proper certification and labeling of such + products, and for any damage to such products that may have + occurred during transportation; and + (5) ensure that shipments of any such poultry products selected + to enter the United States are subject to additional re-inspection + procedures at appropriate levels to verify that the products comply + with relevant Federal regulations or standards, including + examinations for product defects and laboratory analyses to detect + harmful chemical residues or pathogen testing appropriate for the + products involved. + (b) This section shall be applied in a manner consistent with +obligations of the United States under any trade agreement to which the +United States is a party. + Sec. 742. In addition to any other funds made available in this +Act or any other Act, there is appropriated $9,000,000 to carry out +section 18(g)(8) of the Richard B. Russell National School Lunch Act +(42 U.S.C. 1769(g)), to remain available until expended. + Sec. 743. There is hereby appropriated $5,000,000, to remain +available until September 30, 2021, for the cost of loans and grants +that is consistent with section 4206 of the Agricultural Act of 2014, +for necessary expenses of the Secretary to support projects that +provide access to healthy food in underserved areas, to create and +preserve quality jobs, and to revitalize low-income communities. + Sec. 744. For an additional amount for ``Animal and Plant Health +Inspection Service--Salaries and Expenses'', $8,500,000, to remain +available until September 30, 2021, for one-time control and management +and associated activities directly related to the multiple-agency +response to citrus greening. + Sec. 745. None of the funds made available by this Act may be used +to notify a sponsor or otherwise acknowledge receipt of a submission +for an exemption for investigational use of a drug or biological +product under section 505(i) of the Federal Food, Drug, and Cosmetic +Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health +Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo +is intentionally created or modified to include a heritable genetic +modification. Any such submission shall be deemed to have not been +received by the Secretary, and the exemption may not go into effect. + Sec. 746. None of the funds made available by this or any other +Act may be used to enforce the final rule promulgated by the Food and +Drug Administration entitled ``Standards for the Growing, Harvesting, +Packing, and Holding of Produce for Human Consumption,'' and published +on November 27, 2015, with respect to the regulation of entities that +grow, harvest, pack, or hold wine grapes, hops, pulse crops, or +almonds. + Sec. 747. For school year 2020-2021, only a school food authority +that had a negative balance in the nonprofit school food service +account as of December 31, 2019, shall be required to establish a price +for paid lunches in accordance with Section 12(p) of the Richard B. +Russell National School Lunch Act, 42 U.S.C. 1760(p). + Sec. 748. There is hereby appropriated $5,000,000, to remain +available until September 30, 2021, for a pilot program for the +National Institute of Food and Agriculture to provide grants to +nonprofit organizations for programs and services to establish and +enhance farming and ranching opportunities for military veterans. + Sec. 749. For school years 2019-2020 and 2020-2021, none of the +funds made available by this Act may be used to implement or enforce +the matter following the first comma in the second sentence of footnote +(c) of section 220.8(c) of title 7, Code of Federal Regulations, with +respect to the substitution of vegetables for fruits under the school +breakfast program established under section 4 of the Child Nutrition +Act of 1966 (42 U.S.C. 1773). + Sec. 750. None of the funds made available by this Act or any +other Act may be used-- + (1) in contravention of section 7606 of the Agricultural Act of + 2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act + of 1946, or section 10114 of the Agriculture Improvement Act of + 2018; or + (2) to prohibit the transportation, processing, sale, or use of + hemp, or seeds of such plant, that is grown or cultivated in + accordance with subsection section 7606 of the Agricultural Act of + 2014 or Subtitle G of the Agricultural Marketing Act of 1946, + within or outside the State in which the hemp is grown or + cultivated. + Sec. 751. Out of amounts appropriated to the Food and Drug +Administration under title VI, the Secretary of Health and Human +Services, acting through the Commissioner of Food and Drugs, shall, not +later than July 1, 2020, and following the review required under +Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory +planning and review), issue advice revising the advice provided in the +notice of availability entitled ``Advice About Eating Fish, From the +Environmental Protection Agency and Food and Drug Administration; +Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19, +2017)), in a manner that is consistent with nutrition science +recognized by the Food and Drug Administration on the net effects of +seafood consumption. + Sec. 752. In addition to any funds made available in this Act or +any other Act, there is hereby appropriated $6,000,000, to remain +available until September 30, 2021, for grants from the National +Institute of Food and Agriculture to the 1890 Institutions to support +the Centers of Excellence. + Sec. 753. There is hereby appropriated $1,000,000 for the +Secretary of Agriculture to carry out a pilot program that assists +rural hospitals to improve long-term operations and financial health by +providing technical assistance through analysis of current hospital +management practices. + Sec. 754. There is hereby appropriated $2,000,000, to remain +available until expended, for grants under section 12502 of Public Law +115-334. + Sec. 755. There is hereby appropriated $2,000,000 to carry out +section 1621 of Public Law 110-246. + Sec. 756. Not later than 180 days after the date of the enactment +of this Act, the Secretary of Agriculture shall issue a final rule +based on the proposed rule entitled ``National Organic Program; Origin +of Livestock,'' published in the Federal Register on April 28, 2015 (80 +Fed. Reg. 23455): Provided, That the final rule shall incorporate +public comments submitted in response to the proposed rule. + Sec. 757. There is hereby appropriated $3,000,000, to remain +available until September 30, 2021, to carry out section 4003(b) of +Public Law 115-334 relating to demonstration projects for Tribal +Organizations. + Sec. 758. There is hereby appropriated $1,000,000 for the +Secretary to carry out a pilot program that provides forestry inventory +analysis, forest management and economic outcomes modelling for certain +currently enrolled Conservation Reserve Program participants. The +Secretary shall allow the Commodity Credit Corporation to enter into +agreements with and provide grants to qualified non-profit +organizations dedicated to conservation, forestry and wildlife +habitats, that also have experience in conducting accurate forest +inventory analysis through the use of advanced, cost-effective +technology. The Secretary shall focus the analysis on lands enrolled +for at least eight years and located in areas with a substantial +concentration of acres enrolled under conservation practices devoted to +multiple bottomland hardwood tree species including CP03, CP03A, CP11, +CP22, CP31 and CP40. + Sec. 759. In addition to amounts otherwise made available by this +Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is +appropriated $4,000,000, to remain available until expended, to +implement non-renewable agreements on eligible lands, including flooded +agricultural lands, as determined by the Secretary, under the Water +Bank Act (16 U.S.C. 1301-1311). + Sec. 760. The Secretary shall set aside for Rural Economic Area +Partnership (REAP) Zones, until August 15, 2020, an amount of funds +made available in title III under the headings of Rural Housing +Insurance Fund Program Account, Mutual and Self-Help Housing Grants, +Rural Housing Assistance Grants, Rural Community Facilities Program +Account, Rural Business Program Account, Rural Development Loan Fund +Program Account, and Rural Water and Waste Disposal Program Account, +equal to the amount obligated in REAP Zones with respect to funds +provided under such headings in the most recent fiscal year any such +funds were obligated under such headings for REAP Zones. + Sec. 761. There is hereby appropriated $1,000,000 to carry out +section 3307 of Public Law 115-334. + Sec. 762. The Secretary of Agriculture may waive the matching +funds requirement under Section 412(g) of the Agricultural Research, +Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)). + Sec. 763. There is hereby appropriated $5,000,000, to remain +available until September 30, 2021, to carry out section 23 of the +Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $1,000,000 shall +be for grants under such section to the Commonwealth of Puerto Rico, +the Commonwealth of the Northern Mariana Islands, the United States +Virgin Islands, Guam, and American Samoa. + Sec. 764. There is hereby appropriated $1,000,000, to remain +available until expended, for a pilot program for the Secretary to +provide grants to qualified non-profit organizations and public housing +authorities to provide technical assistance, including financial and +legal services, to RHS multi-family housing borrowers to facilitate the +acquisition of RHS multi-family housing properties in areas where the +Secretary determines a risk of loss of affordable housing, by non- +profit housing organizations and public housing authorities as +authorized by law that commit to keep such properties in the RHS multi- +family housing program for a period of time as determined by the +Secretary. + Sec. 765. Section 2 of the Rural Electrification Act of 1936 (7 +U.S.C. 902) is amended in subsection (a) by striking ``made by the +Secretary'' and inserting ``made or guaranteed by the Secretary''. + Sec. 766. The National Bio and Agro-Defense Facility shall be +transferred without reimbursement from the Secretary of Homeland +Security to the Secretary of Agriculture. + Sec. 767. Any funds made available by this or any other Act that +the Secretary withholds pursuant to section 1668(g)(2) of the Food, +Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)), +as amended, shall be available for grants for biotechnology risk +assessment research: Provided, That the Secretary may transfer such +funds to appropriations of the Department of Agriculture. + Sec. 768. There is hereby appropriated $5,000,000 to carry out +section 222 of Subtitle A of the Department of Agriculture +Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section 12302 +of Public Law 115-334. + Sec. 769. There is hereby appropriated $400,000 to carry out +section 224 of Subtitle A of the Department of Agriculture +Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504 +of Public Law 115-334. + Sec. 770. There is hereby appropriated $1,000,000, to remain +available until September 30, 2021, to carry out section 4208 of Public +Law 115-334. + Sec. 771. There is hereby appropriated $400,000 to carry out +section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade +Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of +Public Law 115-334. + Sec. 772. There is hereby appropriated $5,000,000 to carry out +section 12301 of Public Law 115-334. + Sec. 773. There is hereby appropriated $5,000,000 to carry out +section 1450 of the National Agricultural Research, Extension, and +Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120 +of Public Law 115-334. + Sec. 774. There is hereby appropriated $1,000,000 to carry out +section 1671 of the Food, Agriculture, Conservation, and Trade Act of +1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334. + Sec. 775. In response to an eligible community where the drinking +water supplies are inadequate due to a natural disaster, as determined +by the Secretary, including drought or severe weather, the Secretary +may provide potable water through the Emergency Community Water +Assistance Grant Program for an additional period of time not to exceed +120 days beyond the established period provided under the Program in +order to protect public health. + Sec. 776. There is hereby appropriated $6,000,000 for the purposes +described in the paragraph entitled ``Nutrition Assistance Program +(NAP) Study'' under the Supplemental Nutrition Assistance Program +included in House Report 116-107, of which $4,000,000 shall be for the +Secretary to update the Feasibility Report, and of which $2,000,000 +shall be for Puerto Rico for technology requirements: Provided, That +the reports detailed in House Report 116-107 shall be due not later +than December 31, 2020. + Sec. 777. There is hereby appropriated $5,000,000 to remain +available until September 30, 2021, to carry out section 4206 of Public +Law 115-334. + Sec. 778. There is hereby appropriated $20,000,000, to remain +available until expended, to carry out section 12513 of Public Law 115- +334: Provided, That the Secretary shall take measures to ensure an +equal distribution of funds between the three regional innovation +initiatives. + Sec. 779. There is hereby appropriated $5,000,000, to remain +available until September 30, 2021, to carry out section 2103 of Public +Law 115-334. + Sec. 780. There is hereby appropriated $20,000,000, for an +additional amount for ``Department of Health and Human Services--Food +and Drug Administration--Buildings and Facilities'' to remain available +until expended and in addition to amounts otherwise made available for +such purposes, for necessary expenses of plans, construction, repair, +improvement, extension, alteration, demolition and purchase of fixed +equipment or facilities of or used by FDA for seafood safety. + Sec. 781. There is hereby appropriated $5,000,000 to remain +available until September 30, 2021, to carry out section 6424 of Public +Law 115-334. + Sec. 782. Of the unobligated balances from amounts made available +to carry out section 749 of Division A of Public Law 115-31 and section +739 of Division A of Public Law 115-141, $15,073,000 are rescinded. + Sec. 783. In addition to amounts otherwise made available by this +or any other Act, there is hereby appropriated $5,000,000, to remain +available until expended, to the Secretary for a pilot program to +provide grants to a regional consortium to fund technical assistance +and construction of regional wastewater systems for historically +impoverished communities that have had difficulty in installing +traditional wastewater treatment systems due to soil conditions. + Sec. 784. Section 9(i)(2) of the Food and Nutrition Act of 2008 (7 +U.S.C. 2018(i)(2)) is amended by striking ``for a period'' and all that +follows through ``2018'' and inserting ``prior to December 31, 2020''. + Sec. 785. Not later than 60 days after enactment of this Act, the +Commissioner of the Food and Drug Administration shall issue a request +for information to determine the next steps that will address the +recent pulmonary illnesses reported to be associated with the use of e- +cigarettes and vaping products. As part of such request for +information, the Commissioner shall request public comment on product +design and how to prevent consumers from modifying or adding any +substances to these products that are not intended by the manufacturer: + Provided, That the Food and Drug Administration shall provide an +update to the Committee on Appropriations on a quarterly basis. + Sec. 786. (a) In the matter preceding the first proviso under the +heading ``Supplemental Nutrition Assistance Program'' in the +Consolidated Appropriations Act, 2018 (Public Law 115-141), strike +``December 31, 2019'' and insert ``September 30, 2020''. + (b) In the matter preceding the first proviso under the heading +``Supplemental Nutrition Assistance Program'' in the Consolidated +Appropriations Act, 2019 (Public Law 116-6), strike ``December 31, +2020'' and insert ``September 30, 2021''. + Sec. 787. (a) There is hereby appropriated $300,000,000, to remain +available until expended, for an additional amount for section 779 of +Public Law 115-141. + (b) Section 313(b) of the Rural Electrification Act of 1936, as +amended (7 U.S.C. 940c(b)), shall be applied for fiscal year 2020 and +each fiscal year thereafter until the specified funding has been +expended as if the following were inserted after the final period in +subsection (b)(2): ``In addition, the Secretary shall use $425,000,000 +of funds available in this subaccount in fiscal year 2019 for an +additional amount for the same purpose and under the same terms and +conditions as funds appropriated by section 779 of Public Law 115-141 +and shall use $255,000,000 of funds available in this subaccount in +fiscal year 2020 for an additional amount for the same purpose and +under the same terms and conditions as funds appropriated by section +779 of Public Law 115-141: Provided, That any use of such funds shall +be treated as a reprogramming of funds under section 716 of this +Act.''. + (c) Section 762(b) of division B of Public Law 116-6 shall no +longer apply. + Sec. 788. The Animal and Plant Health Inspection Service shall, +notwithstanding any other provision of law: + (a) within 60 calendar days, restore on its website the searchable +database and its contents that were available on January 30, 2017, and +all content generated since that date; and + (b) hereafter, make publicly available via searchable database, in +their entirety without redactions except signatures, the following +records after enactment of this Act for a subsequent period of three +years: + (1) all final Animal Welfare Act inspection reports, including + all reports documenting all Animal Welfare Act non-compliances + observed by USDA officials and all animal inventories; + (2) all final Animal Welfare Act and Horse Protection Act + enforcement records; + (3) all reports or other materials documenting any non- + compliances observed by USDA officials; and + (4) within six months of receipt by the agency, all final + Animal Welfare Act research facility annual reports, including + their attachments with appropriate redactions made for confidential + business information that USDA could withhold under FOIA Exemption + 4. + Sec. 789. Notwithstanding any other provision of law, no funds +available to the Department of Agriculture may be used to move any +agency from the mission area in which it was located on August 1, 2018, +to any other mission area or office within the Department in the +absence of the enactment of specific legislation affirming such move. + Sec. 790. Notwithstanding any other provision of law, the +acceptable market name of any engineered animal approved prior to the +effective date of the National Bioengineered Food Disclosure Standard +(February 19, 2019) shall include the words ``genetically engineered'' +prior to the existing acceptable market name. + Sec. 791. (a) The remaining unobligated balances of funds made +available under the heading ``Department of Agriculture--Agricultural +Programs--Processing, Research and Marketing--Office of the Secretary'' +in the Bipartisan Budget Act of 2018 (Public Law 115-123) are hereby +rescinded: Provided, That the amounts rescinded pursuant to this +subsection that were previously designated by the Congress as an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985 are +designated by the Congress as an emergency requirement pursuant to that +section of that Act. + (b) In addition to amounts otherwise made available by this Act for +``Department of Agriculture--Agricultural Programs--Processing, +Research and Marketing--Office of the Secretary'', there is +appropriated for an additional amount for fiscal year 2020, to remain +available until December 30, 2021, an amount equal to the unobligated +balances rescinded pursuant to subsection (a), for the same purposes +and under the same authorities and conditions as the funds made +available under the heading ``Department of Agriculture--Agricultural +Programs--Processing, Research and Marketing--Office of the Secretary'' +in the Additional Supplemental Appropriations for Disaster Relief Act +of 2019 (Public Law 116-20), as amended by this section: Provided, +That, in addition to the purposes specified in the matter preceding the +first proviso under the heading ``Department of Agriculture-- +Agricultural Programs--Processing, Research and Marketing--Office of +the Secretary'' in the Additional Supplemental Appropriations for +Disaster Relief Act of 2019 (Public Law 116-20), as amended by this +section, such amounts shall also be available for quality losses of +crops, drought, and excessive moisture: Provided further, That losses +due to drought shall only be eligible under this subsection if any area +within the county in which the loss occurs was rated by the U.S. +Drought Monitor as having a D3 (Extreme Drought) or higher level of +drought intensity during the applicable calendar years: Provided +further, That the Secretary may use the amounts provided under this +subsection, under the same authorities and conditions as the funds made +available under the heading ``Department of Agriculture--Agricultural +Programs--Processing, Research and Marketing--Office of the Secretary'' +in the Bipartisan Budget Act of 2018 (Public Law 115-123), to continue +to pay for losses due to Tropical Storm Cindy, and peaches and +blueberries due to freeze in 2017 and blueberry productivity losses in +2018: Provided further, That the Secretary shall use the amounts +provided under this subsection, under the same authorities and +conditions as the funds made available under the heading ``Department +of Agriculture--Agricultural Programs--Processing, Research and +Marketing--Office of the Secretary'' in the Bipartisan Budget Act of +2018 (Public Law 115-123), to make payments for vine losses that were +eligible for, but did not receive, payments under that heading in that +Act: Provided further, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + (c) Title I of the Additional Supplemental Appropriations for +Disaster Relief Act, 2019 (Public Law 116-20), as amended by section +116 of the Continuing Appropriations Act, 2020 (Public Law 116-59), is +further amended in the first proviso under the heading ``Department of +Agriculture--Agricultural Programs--Processing, Research and +Marketing--Office of the Secretary'' by striking ``may provide'' and +inserting ``, in addition to the amount announced on November 8, 2019, +shall provide not less than $400,000,000 in'' , and by adding the +following before the final proviso under that heading: ``Provided +further, That the Secretary shall pay all sugar beet losses in 2018 and +2019 through cooperative processors (to be paid to producer members as +determined by such processors) using the additional coverage level +described in section 508(e)(2)(E) of the Federal Crop Insurance Act of +1938 (7 U.S.C. 1508(e)(2)(E)) for purposes of determining the Wildfire +Hurricane Indemnity Program Plus factor (as defined in section 760.1502 +of title 7, Code of Federal Regulations (or successor regulations):'': +Provided, That amounts repurposed pursuant to this subsection that were +previously designated by the Congress as an emergency requirement +pursuant to the Balanced Budget and Emergency Deficit Control Act of +1985 are designated by the Congress as an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + (d) No later than December 31, 2020, the remaining unobligated +balances of funds made available under the heading ``Department of +Agriculture--Agricultural Programs--Processing, Research and +Marketing--Office of the Secretary'' in the Additional Supplemental +Appropriations for Disaster Relief Act of 2019 (Public Law 116-20) are +hereby permanently rescinded, and an amount of additional new budget +authority equivalent to the amount rescinded is hereby appropriated, to +remain available until December 30, 2021, in addition to other funds as +may be available for such purposes, for the same purposes and under the +same authorities and conditions as the funds made available in +subsection (b): Provided, That the amounts rescinded pursuant to this +subsection that were previously designated by the Congress as an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985 are +designated by the Congress as an emergency requirement pursuant to that +section of that Act: Provided further, That the amount of additional +new budget authority made available pursuant to this subsection is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + Sec. 792. For an additional amount for ``Department of Health and +Human Services--Office of the Secretary--Public Health and Social +Services Emergency Fund'' for purchase of vaccines, therapeutics, and +diagnostics for the prevention and treatment of Ebola, $535,000,000, to +remain available until September 30, 2024: Provided, That products +purchased with funds provided under this section may, at the discretion +of the Secretary of Health and Human Services, be deposited in the +Strategic National Stockpile under section 319F-2 of the PHS Act: +Provided further, That sections 319C-1(h)(3) and 319C-2(h) of the PHS +Act shall not apply to funds provided under this section: Provided +further, That funds provided under this section may be used for the +purposes specified in this section or authorized under section 319F-4 +of the PHS Act: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + This division may be cited as the ``Agriculture, Rural Development, +Food and Drug Administration, and Related Agencies Appropriations Act, +2020''. + + DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES + APPROPRIATIONS ACT, 2020 + + TITLE I + + CORPS OF ENGINEERS--CIVIL + + DEPARTMENT OF THE ARMY + + Corps of Engineers--Civil + + The following appropriations shall be expended under the direction +of the Secretary of the Army and the supervision of the Chief of +Engineers for authorized civil functions of the Department of the Army +pertaining to river and harbor, flood and storm damage reduction, shore +protection, aquatic ecosystem restoration, and related efforts. + + investigations + + For expenses necessary where authorized by law for the collection +and study of basic information pertaining to river and harbor, flood +and storm damage reduction, shore protection, aquatic ecosystem +restoration, and related needs; for surveys and detailed studies, and +plans and specifications of proposed river and harbor, flood and storm +damage reduction, shore protection, and aquatic ecosystem restoration +projects, and related efforts prior to construction; for restudy of +authorized projects; and for miscellaneous investigations, and, when +authorized by law, surveys and detailed studies, and plans and +specifications of projects prior to construction, $151,000,000, to +remain available until expended: Provided, That the Secretary shall +initiate six new study starts during fiscal year 2020: Provided +further, That the Secretary shall not deviate from the new starts +proposed in the work plan, once the plan has been submitted to the +Committees on Appropriations of both Houses of Congress. + + construction + + For expenses necessary for the construction of river and harbor, +flood and storm damage reduction, shore protection, aquatic ecosystem +restoration, and related projects authorized by law; for conducting +detailed studies, and plans and specifications, of such projects +(including those involving participation by States, local governments, +or private groups) authorized or made eligible for selection by law +(but such detailed studies, and plans and specifications, shall not +constitute a commitment of the Government to construction); +$2,681,000,000, to remain available until expended; of which such sums +as are necessary to cover the Federal share of construction costs for +facilities under the Dredged Material Disposal Facilities program shall +be derived from the Harbor Maintenance Trust Fund as authorized by +Public Law 104-303; and of which such sums as are necessary to cover +one-half of the costs of construction, replacement, rehabilitation, and +expansion of inland waterways projects, except for Chickamauga Lock, +Tennessee River, Tennessee, which shall be 35 percent during the fiscal +year covered by this Act, shall be derived from the Inland Waterways +Trust Fund, except as otherwise specifically provided for in law: +Provided, That the Secretary shall initiate six new construction starts +during fiscal year 2020: Provided further, That for new construction +projects, project cost sharing agreements shall be executed as soon as +practicable but no later than December 31, 2020: Provided further, +That no allocation for a new start shall be considered final and no +work allowance shall be made until the Secretary provides to the +Committees on Appropriations of both Houses of Congress an out-year +funding scenario demonstrating the affordability of the selected new +starts and the impacts on other projects: Provided further, That the +Secretary may not deviate from the new starts proposed in the work +plan, once the plan has been submitted to the Committees on +Appropriations of both Houses of Congress. + + mississippi river and tributaries + + For expenses necessary for flood damage reduction projects and +related efforts in the Mississippi River alluvial valley below Cape +Girardeau, Missouri, as authorized by law, $375,000,000, to remain +available until expended, of which such sums as are necessary to cover +the Federal share of eligible operation and maintenance costs for +inland harbors shall be derived from the Harbor Maintenance Trust Fund. + + operation and maintenance + + For expenses necessary for the operation, maintenance, and care of +existing river and harbor, flood and storm damage reduction, aquatic +ecosystem restoration, and related projects authorized by law; +providing security for infrastructure owned or operated by the Corps, +including administrative buildings and laboratories; maintaining harbor +channels provided by a State, municipality, or other public agency that +serve essential navigation needs of general commerce, where authorized +by law; surveying and charting northern and northwestern lakes and +connecting waters; clearing and straightening channels; and removing +obstructions to navigation, $3,790,000,000, to remain available until +expended, of which such sums as are necessary to cover the Federal +share of eligible operation and maintenance costs for coastal harbors +and channels, and for inland harbors shall be derived from the Harbor +Maintenance Trust Fund; of which such sums as become available from the +special account for the Corps of Engineers established by the Land and +Water Conservation Fund Act of 1965 shall be derived from that account +for resource protection, research, interpretation, and maintenance +activities related to resource protection in the areas at which outdoor +recreation is available; and of which such sums as become available +from fees collected under section 217 of Public Law 104-303 shall be +used to cover the cost of operation and maintenance of the dredged +material disposal facilities for which such fees have been collected: +Provided, That 1 percent of the total amount of funds provided for each +of the programs, projects, or activities funded under this heading +shall not be allocated to a field operating activity prior to the +beginning of the fourth quarter of the fiscal year and shall be +available for use by the Chief of Engineers to fund such emergency +activities as the Chief of Engineers determines to be necessary and +appropriate, and that the Chief of Engineers shall allocate during the +fourth quarter any remaining funds which have not been used for +emergency activities proportionally in accordance with the amounts +provided for the programs, projects, or activities. + + regulatory program + + For expenses necessary for administration of laws pertaining to +regulation of navigable waters and wetlands, $210,000,000, to remain +available until September 30, 2021. + + formerly utilized sites remedial action program + + For expenses necessary to clean up contamination from sites in the +United States resulting from work performed as part of the Nation's +early atomic energy program, $200,000,000, to remain available until +expended. + + flood control and coastal emergencies + + For expenses necessary to prepare for flood, hurricane, and other +natural disasters and support emergency operations, repairs, and other +activities in response to such disasters as authorized by law, +$35,000,000, to remain available until expended. + + expenses + + For expenses necessary for the supervision and general +administration of the civil works program in the headquarters of the +Corps of Engineers and the offices of the Division Engineers; and for +costs of management and operation of the Humphreys Engineer Center +Support Activity, the Institute for Water Resources, the United States +Army Engineer Research and Development Center, and the United States +Army Corps of Engineers Finance Center allocable to the civil works +program, $203,000,000, to remain available until September 30, 2021, of +which not to exceed $5,000 may be used for official reception and +representation purposes and only during the current fiscal year: +Provided, That no part of any other appropriation provided in this +title shall be available to fund the civil works activities of the +Office of the Chief of Engineers or the civil works executive direction +and management activities of the division offices: Provided further, +That any Flood Control and Coastal Emergencies appropriation may be +used to fund the supervision and general administration of emergency +operations, repairs, and other activities in response to any flood, +hurricane, or other natural disaster. + + office of the assistant secretary of the army for civil works + + For the Office of the Assistant Secretary of the Army for Civil +Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain +available until September 30, 2021: Provided, That not more than 75 +percent of such amount may be obligated or expended until the Assistant +Secretary submits to the Committees on Appropriations of both Houses of +Congress the report required under section 101(d) of this Act and a +work plan that allocates at least 95 percent of the additional funding +provided under each heading in this title, as designated under such +heading in the explanatory statement described in section 4 (in the +matter preceding division A of this consolidated Act), to specific +programs, projects, or activities. + + GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL + + (including transfer of funds) + + Sec. 101. (a) None of the funds provided in title I of this Act, or +provided by previous appropriations Acts to the agencies or entities +funded in title I of this Act that remain available for obligation or +expenditure in fiscal year 2020, shall be available for obligation or +expenditure through a reprogramming of funds that: + (1) creates or initiates a new program, project, or activity; + (2) eliminates a program, project, or activity; + (3) increases funds or personnel for any program, project, or + activity for which funds have been denied or restricted by this + Act, unless prior approval is received from the Committees on + Appropriations of both Houses of Congress; + (4) proposes to use funds directed for a specific activity for + a different purpose, unless prior approval is received from the + Committees on Appropriations of both Houses of Congress; + (5) augments or reduces existing programs, projects, or + activities in excess of the amounts contained in paragraphs (6) + through (10), unless prior approval is received from the Committees + on Appropriations of both Houses of Congress; + (6) Investigations.--For a base level over $100,000, + reprogramming of 25 percent of the base amount up to a limit of + $150,000 per project, study or activity is allowed: Provided, That + for a base level less than $100,000, the reprogramming limit is + $25,000: Provided further, That up to $25,000 may be reprogrammed + into any continuing study or activity that did not receive an + appropriation for existing obligations and concomitant + administrative expenses; + (7) Construction.--For a base level over $2,000,000, + reprogramming of 15 percent of the base amount up to a limit of + $3,000,000 per project, study or activity is allowed: Provided, + That for a base level less than $2,000,000, the reprogramming limit + is $300,000: Provided further, That up to $3,000,000 may be + reprogrammed for settled contractor claims, changed conditions, or + real estate deficiency judgments: Provided further, That up to + $300,000 may be reprogrammed into any continuing study or activity + that did not receive an appropriation for existing obligations and + concomitant administrative expenses; + (8) Operation and maintenance.--Unlimited reprogramming + authority is granted for the Corps to be able to respond to + emergencies: Provided, That the Chief of Engineers shall notify + the Committees on Appropriations of both Houses of Congress of + these emergency actions as soon thereafter as practicable: + Provided further, That for a base level over $1,000,000, + reprogramming of 15 percent of the base amount up to a limit of + $5,000,000 per project, study, or activity is allowed: Provided + further, That for a base level less than $1,000,000, the + reprogramming limit is $150,000: Provided further, That $150,000 + may be reprogrammed into any continuing study or activity that did + not receive an appropriation; + (9) Mississippi river and tributaries.--The reprogramming + guidelines in paragraphs (6), (7), and (8) shall apply to the + Investigations, Construction, and Operation and Maintenance + portions of the Mississippi River and Tributaries Account, + respectively; and + (10) Formerly utilized sites remedial action program.-- + Reprogramming of up to 15 percent of the base of the receiving + project is permitted. + (b) De Minimus Reprogrammings.--In no case should a reprogramming +for less than $50,000 be submitted to the Committees on Appropriations +of both Houses of Congress. + (c) Continuing Authorities Program.--Subsection (a)(1) shall not +apply to any project or activity funded under the continuing +authorities program. + (d) Not later than 60 days after the date of enactment of this Act, +the Secretary shall submit a report to the Committees on Appropriations +of both Houses of Congress to establish the baseline for application of +reprogramming and transfer authorities for the current fiscal year +which shall include: + (1) A table for each appropriation with a separate column to + display the President's budget request, adjustments made by + Congress, adjustments due to enacted rescissions, if applicable, + and the fiscal year enacted level; and + (2) A delineation in the table for each appropriation both by + object class and program, project and activity as detailed in the + budget appendix for the respective appropriations; and + (3) An identification of items of special congressional + interest. + Sec. 102. The Secretary shall allocate funds made available in +this Act solely in accordance with the provisions of this Act and the +explanatory statement described in section 4 (in the matter preceding +division A of this consolidated Act), including the determination and +designation of new starts. + Sec. 103. None of the funds made available in this title may be +used to award or modify any contract that commits funds beyond the +amounts appropriated for that program, project, or activity that remain +unobligated, except that such amounts may include any funds that have +been made available through reprogramming pursuant to section 101. + Sec. 104. The Secretary of the Army may transfer to the Fish and +Wildlife Service, and the Fish and Wildlife Service may accept and +expend, up to $5,400,000 of funds provided in this title under the +heading ``Operation and Maintenance'' to mitigate for fisheries lost +due to Corps of Engineers projects. + Sec. 105. None of the funds in this Act shall be used for an open +lake placement alternative for dredged material, after evaluating the +least costly, environmentally acceptable manner for the disposal or +management of dredged material originating from Lake Erie or +tributaries thereto, unless it is approved under a State water quality +certification pursuant to section 401 of the Federal Water Pollution +Control Act (33 U.S.C. 1341): Provided, That until an open lake +placement alternative for dredged material is approved under a State +water quality certification, the Corps of Engineers shall continue +upland placement of such dredged material consistent with the +requirements of section 101 of the Water Resources Development Act of +1986 (33 U.S.C. 2211). + Sec. 106. None of the funds made available by this Act or any +other Act may be used to reorganize or to transfer the Civil Works +functions or authority of the Corps of Engineers or the Secretary of +the Army to another department or agency. + Sec. 107. Additional funding provided in this Act shall be +allocated only to projects determined to be eligible by the Chief of +Engineers. + Sec. 108. None of the funds made available by this Act may be used +to carry out any water supply reallocation study under the Wolf Creek +Dam, Lake Cumberland, Kentucky, project authorized under the Act of +July 24, 1946 (60 Stat. 636, ch. 595). + + TITLE II + + DEPARTMENT OF THE INTERIOR + + Central Utah Project + + central utah project completion account + + For carrying out activities authorized by the Central Utah Project +Completion Act, $20,000,000, to remain available until expended, of +which $1,800,000 shall be deposited into the Utah Reclamation +Mitigation and Conservation Account for use by the Utah Reclamation +Mitigation and Conservation Commission: Provided, That of the amount +provided under this heading, $1,500,000 shall be available until +September 30, 2021, for expenses necessary in carrying out related +responsibilities of the Secretary of the Interior: Provided further, +That for fiscal year 2020, of the amount made available to the +Commission under this Act or any other Act, the Commission may use an +amount not to exceed $1,500,000 for administrative expenses. + + Bureau of Reclamation + + The following appropriations shall be expended to execute +authorized functions of the Bureau of Reclamation: + + water and related resources + + (including transfers of funds) + + For management, development, and restoration of water and related +natural resources and for related activities, including the operation, +maintenance, and rehabilitation of reclamation and other facilities, +participation in fulfilling related Federal responsibilities to Native +Americans, and related grants to, and cooperative and other agreements +with, State and local governments, federally recognized Indian tribes, +and others, $1,512,151,000, to remain available until expended, of +which $69,932,000 shall be available for transfer to the Upper Colorado +River Basin Fund and $5,023,000 shall be available for transfer to the +Lower Colorado River Basin Development Fund; of which such amounts as +may be necessary may be advanced to the Colorado River Dam Fund: +Provided, That $10,000,000 shall be available for transfer into the +Blackfeet Water Settlement Implementation Fund established by section +3717 of Public Law 114-322: Provided further, That the unobligated +balances in ``Water and Related Resources'' for the Blackfeet Water +Rights Settlement Act may be transferred to the Blackfeet Water +Settlement Implementation Fund account: Provided further, That such +transfers may be increased or decreased within the overall +appropriation under this heading: Provided further, That within +available funds, $250,000 shall be for grants and financial assistance +for educational activities: Provided further, That of the total +appropriated, the amount for program activities that can be financed by +the Reclamation Fund or the Bureau of Reclamation special fee account +established by 16 U.S.C. 6806 shall be derived from that Fund or +account: Provided further, That funds contributed under 43 U.S.C. 395 +are available until expended for the purposes for which the funds were +contributed: Provided further, That funds advanced under 43 U.S.C. +397a shall be credited to this account and are available until expended +for the same purposes as the sums appropriated under this heading: +Provided further, That of the amounts provided herein, funds may be +used for high-priority projects which shall be carried out by the Youth +Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further, +That of the amounts made available under this heading, $4,000,000 shall +be for one payment for deferred construction funding to the Navajo +Nation to fulfill the construction obligations described in section +15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988 +(Public Law 100-585), as amended by the Colorado Ute Settlement Act +Amendments of 2000 (Public Law 106-554), and to complete the +commissioning and title transfer of the Navajo Nation Municipal +Pipeline: Provided further, That in accordance with section 4009(c) of +Public Law 114-322, and as recommended by the Secretary in a letter +dated February 13, 2019, funding provided for such purpose in fiscal +year 2018 shall be made available to the Expanding Recycled Water +Delivery Project (VenturaWaterPure), the Pure Water Monterey +Groundwater Replenishment Project, the Groundwater Reliability +Improvement Program (GRIP) Recycled Water Project, the North Valley +Regional Recycled Water Program, the South Sacramento County +Agriculture and Habitat Lands Recycled Water Program, and the Central +Coast Blue project: Provided further, That in accordance with section +4007 of Public Law 114-322, and as recommended by the Secretary in a +letter dated February 13, 2019, funding provided for such purpose in +fiscal years 2017 and 2018 shall be made available to the Cle Elum Pool +Raise, the Boise River Basin Feasibility Study, the Del Puerto Water +District, the Los Vaqueros Reservoir Phase 2 Expansion Project, the +North-of-the Delta Off stream Storage (Sites Reservoir Project), and +the Friant-Kern Canal Capacity Correction Resulting Subsidence: +Provided further, That in accordance with section 4009(a) of Public Law +114-322, and as recommended by the Secretary in a letter dated February +13, 2019, funding provided for such purpose in fiscal years 2017 and +2018 shall be made available to the Doheny Ocean Desalination Project, +the Kay Bailey Hutchison Desalination Plant, the North Pleasant Valley +Desalter Facility, and the Mission Basin Groundwater Purification +Facility Well Expansion and Brine Minimization. + + central valley project restoration fund + + For carrying out the programs, projects, plans, habitat +restoration, improvement, and acquisition provisions of the Central +Valley Project Improvement Act, $54,849,000, to be derived from such +sums as may be collected in the Central Valley Project Restoration Fund +pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law +102-575, to remain available until expended: Provided, That the Bureau +of Reclamation is directed to assess and collect the full amount of the +additional mitigation and restoration payments authorized by section +3407(d) of Public Law 102-575: Provided further, That none of the +funds made available under this heading may be used for the acquisition +or leasing of water for in-stream purposes if the water is already +committed to in-stream purposes by a court adopted decree or order. + + california bay-delta restoration + + (including transfers of funds) + + For carrying out activities authorized by the Water Supply, +Reliability, and Environmental Improvement Act, consistent with plans +to be approved by the Secretary of the Interior, $33,000,000, to remain +available until expended, of which such amounts as may be necessary to +carry out such activities may be transferred to appropriate accounts of +other participating Federal agencies to carry out authorized purposes: +Provided, That funds appropriated herein may be used for the Federal +share of the costs of CALFED Program management: Provided further, +That CALFED implementation shall be carried out in a balanced manner +with clear performance measures demonstrating concurrent progress in +achieving the goals and objectives of the Program. + + policy and administration + + For expenses necessary for policy, administration, and related +functions in the Office of the Commissioner, the Denver office, and +offices in the five regions of the Bureau of Reclamation, to remain +available until September 30, 2021, $60,000,000, to be derived from the +Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: +Provided, That no part of any other appropriation in this Act shall be +available for activities or functions budgeted as policy and +administration expenses. + + administrative provision + + Appropriations for the Bureau of Reclamation shall be available for +purchase of not to exceed five passenger motor vehicles, which are for +replacement only. + + GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR + + Sec. 201. (a) None of the funds provided in title II of this Act +for Water and Related Resources, or provided by previous or subsequent +appropriations Acts to the agencies or entities funded in title II of +this Act for Water and Related Resources that remain available for +obligation or expenditure in fiscal year 2020, shall be available for +obligation or expenditure through a reprogramming of funds that-- + (1) initiates or creates a new program, project, or activity; + (2) eliminates a program, project, or activity; + (3) increases funds for any program, project, or activity for + which funds have been denied or restricted by this Act, unless + prior approval is received from the Committees on Appropriations of + both Houses of Congress; + (4) restarts or resumes any program, project or activity for + which funds are not provided in this Act, unless prior approval is + received from the Committees on Appropriations of both Houses of + Congress; + (5) transfers funds in excess of the following limits, unless + prior approval is received from the Committees on Appropriations of + both Houses of Congress: + (A) 15 percent for any program, project or activity for + which $2,000,000 or more is available at the beginning of the + fiscal year; or + (B) $400,000 for any program, project or activity for which + less than $2,000,000 is available at the beginning of the + fiscal year; + (6) transfers more than $500,000 from either the Facilities + Operation, Maintenance, and Rehabilitation category or the + Resources Management and Development category to any program, + project, or activity in the other category, unless prior approval + is received from the Committees on Appropriations of both Houses of + Congress; or + (7) transfers, where necessary to discharge legal obligations + of the Bureau of Reclamation, more than $5,000,000 to provide + adequate funds for settled contractor claims, increased contractor + earnings due to accelerated rates of operations, and real estate + deficiency judgments, unless prior approval is received from the + Committees on Appropriations of both Houses of Congress. + (b) Subsection (a)(5) shall not apply to any transfer of funds +within the Facilities Operation, Maintenance, and Rehabilitation +category. + (c) For purposes of this section, the term ``transfer'' means any +movement of funds into or out of a program, project, or activity. + (d) The Bureau of Reclamation shall submit reports on a quarterly +basis to the Committees on Appropriations of both Houses of Congress +detailing all the funds reprogrammed between programs, projects, +activities, or categories of funding. The first quarterly report shall +be submitted not later than 60 days after the date of enactment of this +Act. + Sec. 202. (a) None of the funds appropriated or otherwise made +available by this Act may be used to determine the final point of +discharge for the interceptor drain for the San Luis Unit until +development by the Secretary of the Interior and the State of +California of a plan, which shall conform to the water quality +standards of the State of California as approved by the Administrator +of the Environmental Protection Agency, to minimize any detrimental +effect of the San Luis drainage waters. + (b) The costs of the Kesterson Reservoir Cleanup Program and the +costs of the San Joaquin Valley Drainage Program shall be classified by +the Secretary of the Interior as reimbursable or nonreimbursable and +collected until fully repaid pursuant to the ``Cleanup Program-- +Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment +Plan'' described in the report entitled ``Repayment Report, Kesterson +Reservoir Cleanup Program and San Joaquin Valley Drainage Program, +February 1995'', prepared by the Department of the Interior, Bureau of +Reclamation. Any future obligations of funds by the United States +relating to, or providing for, drainage service or drainage studies for +the San Luis Unit shall be fully reimbursable by San Luis Unit +beneficiaries of such service or studies pursuant to Federal +reclamation law. + Sec. 203. Section 9504(e) of the Omnibus Public Land Management +Act of 2009 (42 U.S.C. 10364(e)) is amended by striking +``$480,000,000'' and inserting ``$530,000,000''. + Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-Delta +Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of +Public Law 114-322, is amended by striking ``2019'' each place it +appears and inserting ``2020''. + Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public +Land Management Act of 2009) is amended by striking ``2019'' and +inserting ``2020''. + Sec. 206. The Claims Resolution Act of 2010 (Public Law 111-291) +is amended-- + (1) in section 309(d), by striking ``2021'' each place it + appears and inserting ``2023''; and + (2) in section 311(h), by striking ``2021'' and inserting + ``2023''. + + TITLE III + + DEPARTMENT OF ENERGY + + ENERGY PROGRAMS + + Energy Efficiency and Renewable Energy + + (including rescission of funds) + + For Department of Energy expenses including the purchase, +construction, and acquisition of plant and capital equipment, and other +expenses necessary for energy efficiency and renewable energy +activities in carrying out the purposes of the Department of Energy +Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or +condemnation of any real property or any facility or for plant or +facility acquisition, construction, or expansion, $2,848,000,000, to +remain available until expended: Provided, That of such amount, +$165,000,000 shall be available until September 30, 2021, for program +direction: Provided further, That of the unobligated balances from +prior year appropriations available under this heading, $58,000,000 is +hereby rescinded: Provided further, That no amounts may be rescinded +from amounts that were designated by the Congress as an emergency +requirement pursuant to the Concurrent Resolution on the Budget or the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Cybersecurity, Energy Security, and Emergency Response + + For Department of Energy expenses including the purchase, +construction, and acquisition of plant and capital equipment, and other +expenses necessary for energy sector cybersecurity, energy security, +and emergency response activities in carrying out the purposes of the +Department of Energy Organization Act (42 U.S.C. 7101 et seq.), +including the acquisition or condemnation of any real property or any +facility or for plant or facility acquisition, construction, or +expansion, $156,000,000, to remain available until expended: Provided, +That of such amount, $13,000,000 shall be available until September 30, +2021, for program direction. + + Electricity + + For Department of Energy expenses including the purchase, +construction, and acquisition of plant and capital equipment, and other +expenses necessary for electricity delivery activities in carrying out +the purposes of the Department of Energy Organization Act (42 U.S.C. +7101 et seq.), including the acquisition or condemnation of any real +property or any facility or for plant or facility acquisition, +construction, or expansion, $190,000,000, to remain available until +expended: Provided, That of such amount, $18,000,000 shall be +available until September 30, 2021, for program direction. + + Nuclear Energy + + For Department of Energy expenses including the purchase, +construction, and acquisition of plant and capital equipment, and other +expenses necessary for nuclear energy activities in carrying out the +purposes of the Department of Energy Organization Act (42 U.S.C. 7101 +et seq.), including the acquisition or condemnation of any real +property or any facility or for plant or facility acquisition, +construction, or expansion, $1,493,408,000, to remain available until +expended: Provided, That of such amount, $80,000,000 shall be +available until September 30, 2021, for program direction. + + Fossil Energy Research and Development + + For Department of Energy expenses necessary in carrying out fossil +energy research and development activities, under the authority of the +Department of Energy Organization Act (42 U.S.C. 7101 et seq.), +including the acquisition of interest, including defeasible and +equitable interests in any real property or any facility or for plant +or facility acquisition or expansion, and for conducting inquiries, +technological investigations and research concerning the extraction, +processing, use, and disposal of mineral substances without +objectionable social and environmental costs (30 U.S.C. 3, 1602, and +1603), $750,000,000, to remain available until expended: Provided, +That of such amount $61,500,000 shall be available until September 30, +2021, for program direction. + + Naval Petroleum and Oil Shale Reserves + + For Department of Energy expenses necessary to carry out naval +petroleum and oil shale reserve activities, $14,000,000, to remain +available until expended: Provided, That notwithstanding any other +provision of law, unobligated funds remaining from prior years shall be +available for all naval petroleum and oil shale reserve activities. + + Strategic Petroleum Reserve + + For Department of Energy expenses necessary for Strategic Petroleum +Reserve facility development and operations and program management +activities pursuant to the Energy Policy and Conservation Act (42 +U.S.C. 6201 et seq.), $195,000,000, to remain available until expended: + Provided, That, as authorized by section 404 of the Bipartisan Budget +Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of +Energy shall draw down and sell not to exceed $450,000,000 of crude oil +from the Strategic Petroleum Reserve in fiscal year 2020: Provided +further, That the proceeds from such drawdown and sale shall be +deposited into the ``Energy Security and Infrastructure Modernization +Fund'' during fiscal year 2020: Provided further, That such amounts +shall be made available and shall remain available until expended for +necessary expenses to carry out the Life Extension II project for the +Strategic Petroleum Reserve. + + SPR Petroleum Account + + For the acquisition, transportation, and injection of petroleum +products, and for other necessary expenses pursuant to the Energy +Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et +seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 +U.S.C. 6241, 6239 note), and section 5010 of the 21st Century Cures Act +(Public Law 114-255), $10,000,000, to remain available until expended. + + Northeast Home Heating Oil Reserve + + For Department of Energy expenses necessary for Northeast Home +Heating Oil Reserve storage, operation, and management activities +pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et +seq.), $10,000,000, to remain available until expended. + + Energy Information Administration + + For Department of Energy expenses necessary in carrying out the +activities of the Energy Information Administration, $126,800,000, to +remain available until expended. + + Non-Defense Environmental Cleanup + + For Department of Energy expenses, including the purchase, +construction, and acquisition of plant and capital equipment and other +expenses necessary for non-defense environmental cleanup activities in +carrying out the purposes of the Department of Energy Organization Act +(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of +any real property or any facility or for plant or facility acquisition, +construction, or expansion, $319,200,000, to remain available until +expended: Provided, That $200,000 of the funds provided are for +community support. + + Uranium Enrichment Decontamination and Decommissioning Fund + + For Department of Energy expenses necessary in carrying out uranium +enrichment facility decontamination and decommissioning, remedial +actions, and other activities of title II of the Atomic Energy Act of +1954, and title X, subtitle A, of the Energy Policy Act of 1992, +$881,000,000, to be derived from the Uranium Enrichment Decontamination +and Decommissioning Fund, to remain available until expended, of which +$5,250,000 shall be available in accordance with title X, subtitle A, +of the Energy Policy Act of 1992. + + Science + + For Department of Energy expenses including the purchase, +construction, and acquisition of plant and capital equipment, and other +expenses necessary for science activities in carrying out the purposes +of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), +including the acquisition or condemnation of any real property or any +facility or for plant or facility acquisition, construction, or +expansion, and purchase of not more than 33 passenger motor vehicles +including one bus, $7,000,000,000, to remain available until expended: +Provided, That of such amount, $186,300,000 shall be available until +September 30, 2021, for program direction. + + Advanced Research Projects Agency--Energy + + For Department of Energy expenses necessary in carrying out the +activities authorized by section 5012 of the America COMPETES Act +(Public Law 110-69), $425,000,000, to remain available until expended: +Provided, That of such amount, $35,000,000 shall be available until +September 30, 2021, for program direction. + + Title 17 Innovative Technology Loan Guarantee Program + + Such sums as are derived from amounts received from borrowers +pursuant to section 1702(b) of the Energy Policy Act of 2005 under this +heading in prior Acts, shall be collected in accordance with section +502(7) of the Congressional Budget Act of 1974: Provided, That for +necessary administrative expenses of the Title 17 Innovative Technology +Loan Guarantee Program, as authorized, $32,000,000 is appropriated, to +remain available until September 30, 2021: Provided further, That up +to $32,000,000 of fees collected in fiscal year 2020 pursuant to +section 1702(h) of the Energy Policy Act of 2005 shall be credited as +offsetting collections under this heading and used for necessary +administrative expenses in this appropriation and shall remain +available until September 30, 2021: Provided further, That to the +extent that fees collected in fiscal year 2020 exceed $32,000,000, +those excess amounts shall be credited as offsetting collections under +this heading and available in future fiscal years only to the extent +provided in advance in appropriations Acts: Provided further, That the +sum herein appropriated from the general fund shall be reduced (1) as +such fees are received during fiscal year 2020 (estimated at +$3,000,000) and (2) to the extent that any remaining general fund +appropriations can be derived from fees collected in previous fiscal +years that are not otherwise appropriated, so as to result in a final +fiscal year 2020 appropriation from the general fund estimated at $0: +Provided further, That the Department of Energy shall not subordinate +any loan obligation to other financing in violation of section 1702 of +the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation +to any loan or other debt obligations in violation of section 609.10 of +title 10, Code of Federal Regulations. + + Advanced Technology Vehicles Manufacturing Loan Program + + For Department of Energy administrative expenses necessary in +carrying out the Advanced Technology Vehicles Manufacturing Loan +Program, $5,000,000, to remain available until September 30, 2021. + + Tribal Energy Loan Guarantee Program + + For Department of Energy administrative expenses necessary in +carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to +remain available until September 30, 2021. + + Office of Indian Energy Policy and Programs + + For necessary expenses for Indian Energy activities in carrying out +the purposes of the Department of Energy Organization Act (42 U.S.C. +7101 et seq.), $22,000,000, to remain available until expended: +Provided, That, of the amount appropriated under this heading, +$5,000,000 shall be available until September 30, 2021, for program +direction. + + Departmental Administration + + For salaries and expenses of the Department of Energy necessary for +departmental administration in carrying out the purposes of the +Department of Energy Organization Act (42 U.S.C. 7101 et seq.), +$254,378,000, to remain available until September 30, 2021, including +the hire of passenger motor vehicles and official reception and +representation expenses not to exceed $30,000, plus such additional +amounts as necessary to cover increases in the estimated amount of cost +of work for others notwithstanding the provisions of the Anti- +Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases +in cost of work are offset by revenue increases of the same or greater +amount: Provided further, That moneys received by the Department for +miscellaneous revenues estimated to total $93,378,000 in fiscal year +2020 may be retained and used for operating expenses within this +account, as authorized by section 201 of Public Law 95-238, +notwithstanding the provisions of 31 U.S.C. 3302: Provided further, +That the sum herein appropriated shall be reduced as collections are +received during the fiscal year so as to result in a final fiscal year +2020 appropriation from the general fund estimated at not more than +$161,000,000. + + Office of the Inspector General + + For expenses necessary for the Office of the Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$54,215,000, to remain available until September 30, 2021. + + ATOMIC ENERGY DEFENSE ACTIVITIES + + NATIONAL NUCLEAR SECURITY ADMINISTRATION + + Weapons Activities + + For Department of Energy expenses, including the purchase, +construction, and acquisition of plant and capital equipment and other +incidental expenses necessary for atomic energy defense weapons +activities in carrying out the purposes of the Department of Energy +Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or +condemnation of any real property or any facility or for plant or +facility acquisition, construction, or expansion, and the purchase of +not to exceed one ambulance for replacement only, $12,457,097,000, to +remain available until expended: Provided, That of such amount, +$107,660,000 shall be available until September 30, 2021, for program +direction. + + Defense Nuclear Nonproliferation + + For Department of Energy expenses, including the purchase, +construction, and acquisition of plant and capital equipment and other +incidental expenses necessary for defense nuclear nonproliferation +activities, in carrying out the purposes of the Department of Energy +Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or +condemnation of any real property or any facility or for plant or +facility acquisition, construction, or expansion, and the purchase of +not to exceed two aircraft, $2,164,400,000, to remain available until +expended. + + Naval Reactors + + (including transfer of funds) + + For Department of Energy expenses necessary for naval reactors +activities to carry out the Department of Energy Organization Act (42 +U.S.C. 7101 et seq.), including the acquisition (by purchase, +condemnation, construction, or otherwise) of real property, plant, and +capital equipment, facilities, and facility expansion, $1,648,396,000, +to remain available until expended, of which, $88,500,000 shall be +transferred to ``Department of Energy--Energy Programs--Nuclear +Energy'', for the Advanced Test Reactor: Provided, That of such +amount, $50,500,000 shall be available until September 30, 2021, for +program direction. + + Federal Salaries and Expenses + + For expenses necessary for Federal Salaries and Expenses in the +National Nuclear Security Administration, $434,699,000, to remain +available until September 30, 2021, including official reception and +representation expenses not to exceed $17,000. + + ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES + + Defense Environmental Cleanup + + For Department of Energy expenses, including the purchase, +construction, and acquisition of plant and capital equipment and other +expenses necessary for atomic energy defense environmental cleanup +activities in carrying out the purposes of the Department of Energy +Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or +condemnation of any real property or any facility or for plant or +facility acquisition, construction, or expansion, $6,255,000,000, to +remain available until expended: Provided, That of such amount, +$281,119,000 shall be available until September 30, 2021, for program +direction. + + Other Defense Activities + + For Department of Energy expenses, including the purchase, +construction, and acquisition of plant and capital equipment and other +expenses, necessary for atomic energy defense, other defense +activities, and classified activities, in carrying out the purposes of +the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), +including the acquisition or condemnation of any real property or any +facility or for plant or facility acquisition, construction, or +expansion, and purchase of not more than one passenger motor vehicle, +$906,000,000, to remain available until expended: Provided, That of +such amount, $328,917,000 shall be available until September 30, 2021, +for program direction. + + POWER MARKETING ADMINISTRATIONS + + Bonneville Power Administration Fund + + Expenditures from the Bonneville Power Administration Fund, +established pursuant to Public Law 93-454, are approved for the +Steigerwald Floodplain Restoration Project and, in addition, for +official reception and representation expenses in an amount not to +exceed $5,000: Provided, That during fiscal year 2020, no new direct +loan obligations may be made: Provided further, Expenditures from the +Bonneville Power Administration Fund, established pursuant to Public +Law 93-454 are authorized and approved, without fiscal year limitation, +for the cost of current and future year purchases or payments of +emissions expenses associated with Bonneville Power Administration +power and transmission operations in states with clean energy programs: + Provided further, This expenditure authorization is limited solely to +Bonneville Power Administration's voluntary purchase or payments made +in conjunction with state clean energy programs and is not a broader +waiver of Bonneville Power Administration's sovereign immunity. + + Operation and Maintenance, Southeastern Power Administration + + For expenses necessary for operation and maintenance of power +transmission facilities and for marketing electric power and energy, +including transmission wheeling and ancillary services, pursuant to +section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied +to the southeastern power area, $6,597,000, including official +reception and representation expenses in an amount not to exceed +$1,500, to remain available until expended: Provided, That +notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act +of 1944, up to $6,597,000 collected by the Southeastern Power +Administration from the sale of power and related services shall be +credited to this account as discretionary offsetting collections, to +remain available until expended for the sole purpose of funding the +annual expenses of the Southeastern Power Administration: Provided +further, That the sum herein appropriated for annual expenses shall be +reduced as collections are received during the fiscal year so as to +result in a final fiscal year 2020 appropriation estimated at not more +than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to +$56,000,000 collected by the Southeastern Power Administration pursuant +to the Flood Control Act of 1944 to recover purchase power and wheeling +expenses shall be credited to this account as offsetting collections, +to remain available until expended for the sole purpose of making +purchase power and wheeling expenditures: Provided further, That for +purposes of this appropriation, annual expenses means expenditures that +are generally recovered in the same year that they are incurred +(excluding purchase power and wheeling expenses). + + Operation and Maintenance, Southwestern Power Administration + + For expenses necessary for operation and maintenance of power +transmission facilities and for marketing electric power and energy, +for construction and acquisition of transmission lines, substations and +appurtenant facilities, and for administrative expenses, including +official reception and representation expenses in an amount not to +exceed $1,500 in carrying out section 5 of the Flood Control Act of +1944 (16 U.S.C. 825s), as applied to the Southwestern Power +Administration, $47,775,000, to remain available until expended: +Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the +Flood Control Act of 1944 (16 U.S.C. 825s), up to $37,375,000 collected +by the Southwestern Power Administration from the sale of power and +related services shall be credited to this account as discretionary +offsetting collections, to remain available until expended, for the +sole purpose of funding the annual expenses of the Southwestern Power +Administration: Provided further, That the sum herein appropriated for +annual expenses shall be reduced as collections are received during the +fiscal year so as to result in a final fiscal year 2020 appropriation +estimated at not more than $10,400,000: Provided further, That +notwithstanding 31 U.S.C. 3302, up to $43,000,000 collected by the +Southwestern Power Administration pursuant to the Flood Control Act of +1944 to recover purchase power and wheeling expenses shall be credited +to this account as offsetting collections, to remain available until +expended for the sole purpose of making purchase power and wheeling +expenditures: Provided further, That for purposes of this +appropriation, annual expenses means expenditures that are generally +recovered in the same year that they are incurred (excluding purchase +power and wheeling expenses). + + Construction, Rehabilitation, Operation and Maintenance, Western Area + Power Administration + + (including rescission of funds) + + For carrying out the functions authorized by title III, section +302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other +related activities including conservation and renewable resources +programs as authorized, $262,959,000, including official reception and +representation expenses in an amount not to exceed $1,500, to remain +available until expended, of which $262,959,000 shall be derived from +the Department of the Interior Reclamation Fund: Provided, That +notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of +1944 (16 U.S.C. 825s), and section 1 of the Interior Department +Appropriation Act, 1939 (43 U.S.C. 392a), up to $173,587,000 collected +by the Western Area Power Administration from the sale of power and +related services shall be credited to this account as discretionary +offsetting collections, to remain available until expended, for the +sole purpose of funding the annual expenses of the Western Area Power +Administration: Provided further, That the sum herein appropriated for +annual expenses shall be reduced as collections are received during the +fiscal year so as to result in a final fiscal year 2020 appropriation +estimated at not more than $89,372,000, of which $89,372,000 is derived +from the Reclamation Fund: Provided further, That notwithstanding 31 +U.S.C. 3302, up to $227,000,000 collected by the Western Area Power +Administration pursuant to the Flood Control Act of 1944 and the +Reclamation Project Act of 1939 to recover purchase power and wheeling +expenses shall be credited to this account as offsetting collections, +to remain available until expended for the sole purpose of making +purchase power and wheeling expenditures: Provided further, That for +purposes of this appropriation, annual expenses means expenditures that +are generally recovered in the same year that they are incurred +(excluding purchase power and wheeling expenses): Provided further, +That of the unobligated balances from prior year appropriations +available under this heading, $176,000 is hereby permanently cancelled. + + Falcon and Amistad Operating and Maintenance Fund + + For operation, maintenance, and emergency costs for the +hydroelectric facilities at the Falcon and Amistad Dams, $3,160,000, to +remain available until expended, and to be derived from the Falcon and +Amistad Operating and Maintenance Fund of the Western Area Power +Administration, as provided in section 2 of the Act of June 18, 1954 +(68 Stat. 255): Provided, That notwithstanding the provisions of that +Act and of 31 U.S.C. 3302, up to $2,932,000 collected by the Western +Area Power Administration from the sale of power and related services +from the Falcon and Amistad Dams shall be credited to this account as +discretionary offsetting collections, to remain available until +expended for the sole purpose of funding the annual expenses of the +hydroelectric facilities of these Dams and associated Western Area +Power Administration activities: Provided further, That the sum herein +appropriated for annual expenses shall be reduced as collections are +received during the fiscal year so as to result in a final fiscal year +2020 appropriation estimated at not more than $228,000: Provided +further, That for purposes of this appropriation, annual expenses means +expenditures that are generally recovered in the same year that they +are incurred: Provided further, That for fiscal year 2020, the +Administrator of the Western Area Power Administration may accept up to +$1,187,000 in funds contributed by United States power customers of the +Falcon and Amistad Dams for deposit into the Falcon and Amistad +Operating and Maintenance Fund, and such funds shall be available for +the purpose for which contributed in like manner as if said sums had +been specifically appropriated for such purpose: Provided further, +That any such funds shall be available without further appropriation +and without fiscal year limitation for use by the Commissioner of the +United States Section of the International Boundary and Water +Commission for the sole purpose of operating, maintaining, repairing, +rehabilitating, replacing, or upgrading the hydroelectric facilities at +these Dams in accordance with agreements reached between the +Administrator, Commissioner, and the power customers. + + Federal Energy Regulatory Commission + + salaries and expenses + + For expenses necessary for the Federal Energy Regulatory Commission +to carry out the provisions of the Department of Energy Organization +Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 +U.S.C. 3109, official reception and representation expenses not to +exceed $3,000, and the hire of passenger motor vehicles, $382,000,000, +to remain available until expended: Provided, That notwithstanding any +other provision of law, not to exceed $382,000,000 of revenues from +fees and annual charges, and other services and collections in fiscal +year 2020 shall be retained and used for expenses necessary in this +account, and shall remain available until expended: Provided further, +That the sum herein appropriated from the general fund shall be reduced +as revenues are received during fiscal year 2020 so as to result in a +final fiscal year 2020 appropriation from the general fund estimated at +not more than $0. + + GENERAL PROVISIONS--DEPARTMENT OF ENERGY + + (including transfer and rescission of funds) + + Sec. 301. (a) No appropriation, funds, or authority made available +by this title for the Department of Energy shall be used to initiate or +resume any program, project, or activity or to prepare or initiate +Requests For Proposals or similar arrangements (including Requests for +Quotations, Requests for Information, and Funding Opportunity +Announcements) for a program, project, or activity if the program, +project, or activity has not been funded by Congress. + (b)(1) Unless the Secretary of Energy notifies the Committees on +Appropriations of both Houses of Congress at least 3 full business days +in advance, none of the funds made available in this title may be used +to-- + (A) make a grant allocation or discretionary grant award + totaling $1,000,000 or more; + (B) make a discretionary contract award or Other Transaction + Agreement totaling $1,000,000 or more, including a contract covered + by the Federal Acquisition Regulation; + (C) issue a letter of intent to make an allocation, award, or + Agreement in excess of the limits in subparagraph (A) or (B); or + (D) announce publicly the intention to make an allocation, + award, or Agreement in excess of the limits in subparagraph (A) or + (B). + (2) The Secretary of Energy shall submit to the Committees on +Appropriations of both Houses of Congress within 15 days of the +conclusion of each quarter a report detailing each grant allocation or +discretionary grant award totaling less than $1,000,000 provided during +the previous quarter. + (3) The notification required by paragraph (1) and the report +required by paragraph (2) shall include the recipient of the award, the +amount of the award, the fiscal year for which the funds for the award +were appropriated, the account and program, project, or activity from +which the funds are being drawn, the title of the award, and a brief +description of the activity for which the award is made. + (c) The Department of Energy may not, with respect to any program, +project, or activity that uses budget authority made available in this +title under the heading ``Department of Energy--Energy Programs'', +enter into a multiyear contract, award a multiyear grant, or enter into +a multiyear cooperative agreement unless-- + (1) the contract, grant, or cooperative agreement is funded for + the full period of performance as anticipated at the time of award; + or + (2) the contract, grant, or cooperative agreement includes a + clause conditioning the Federal Government's obligation on the + availability of future year budget authority and the Secretary + notifies the Committees on Appropriations of both Houses of + Congress at least 3 days in advance. + (d) Except as provided in subsections (e), (f), and (g), the +amounts made available by this title shall be expended as authorized by +law for the programs, projects, and activities specified in the ``Final +Bill'' column in the ``Department of Energy'' table included under the +heading ``Title III--Department of Energy'' in the explanatory +statement described in section 4 (in the matter preceding division A of +this consolidated Act). + (e) The amounts made available by this title may be reprogrammed +for any program, project, or activity, and the Department shall notify, +and obtain the prior approval of, the Committees on Appropriations of +both Houses of Congress at least 30 days prior to the use of any +proposed reprogramming that would cause any program, project, or +activity funding level to increase or decrease by more than $5,000,000 +or 10 percent, whichever is less, during the time period covered by +this Act. + (f) None of the funds provided in this title shall be available for +obligation or expenditure through a reprogramming of funds that-- + (1) creates, initiates, or eliminates a program, project, or + activity; + (2) increases funds or personnel for any program, project, or + activity for which funds are denied or restricted by this Act; or + (3) reduces funds that are directed to be used for a specific + program, project, or activity by this Act. + (g)(1) The Secretary of Energy may waive any requirement or +restriction in this section that applies to the use of funds made +available for the Department of Energy if compliance with such +requirement or restriction would pose a substantial risk to human +health, the environment, welfare, or national security. + (2) The Secretary of Energy shall notify the Committees on +Appropriations of both Houses of Congress of any waiver under paragraph +(1) as soon as practicable, but not later than 3 days after the date of +the activity to which a requirement or restriction would otherwise have +applied. Such notice shall include an explanation of the substantial +risk under paragraph (1) that permitted such waiver. + (h) The unexpended balances of prior appropriations provided for +activities in this Act may be available to the same appropriation +accounts for such activities established pursuant to this title. +Available balances may be merged with funds in the applicable +established accounts and thereafter may be accounted for as one fund +for the same time period as originally enacted. + Sec. 302. Funds appropriated by this or any other Act, or made +available by the transfer of funds in this Act, for intelligence +activities are deemed to be specifically authorized by the Congress for +purposes of section 504 of the National Security Act of 1947 (50 U.S.C. +3094) during fiscal year 2020 until the enactment of the Intelligence +Authorization Act for fiscal year 2020. + Sec. 303. None of the funds made available in this title shall be +used for the construction of facilities classified as high-hazard +nuclear facilities under 10 CFR Part 830 unless independent oversight +is conducted by the Office of Enterprise Assessments to ensure the +project is in compliance with nuclear safety requirements. + Sec. 304. None of the funds made available in this title may be +used to approve critical decision-2 or critical decision-3 under +Department of Energy Order 413.3B, or any successive departmental +guidance, for construction projects where the total project cost +exceeds $100,000,000, until a separate independent cost estimate has +been developed for the project for that critical decision. + Sec. 305. (a) None of the funds made available in this or any prior +Act under the heading ``Defense Nuclear Nonproliferation'' may be made +available to enter into new contracts with, or new agreements for +Federal assistance to, the Russian Federation. + (b) The Secretary of Energy may waive the prohibition in subsection +(a) if the Secretary determines that such activity is in the national +security interests of the United States. This waiver authority may not +be delegated. + (c) A waiver under subsection (b) shall not be effective until 15 +days after the date on which the Secretary submits to the Committees on +Appropriations of both Houses of Congress, in classified form if +necessary, a report on the justification for the waiver. + Sec. 306. Notwithstanding section 161 of the Energy Policy and +Conservation Act (42 U.S.C. 6241), upon a determination by the +President in this fiscal year that a regional supply shortage of +refined petroleum product of significant scope and duration exists, +that a severe increase in the price of refined petroleum product will +likely result from such shortage, and that a draw down and sale of +refined petroleum product would assist directly and significantly in +reducing the adverse impact of such shortage, the Secretary of Energy +may draw down and sell refined petroleum product from the Strategic +Petroleum Reserve. Proceeds from a sale under this section shall be +deposited into the SPR Petroleum Account established in section 167 of +the Energy Policy and Conservation Act (42 U.S.C. 6247), and such +amounts shall be available for obligation, without fiscal year +limitation, consistent with that section. + Sec. 307. Of the offsetting collections, including unobligated +balances of such collections, in the ``Department of Energy--Power +Marketing Administration--Colorado River Basins Power Marketing Fund, +Western Area Power Administration'', $21,400,000 shall be transferred +to the ``Department of Interior--Bureau of Reclamation--Upper Colorado +River Basin Fund'' for the Bureau of Reclamation to carry out +environmental stewardship and endangered species recovery efforts. + Sec. 308. (a) Of the unobligated balances available from amounts +appropriated in prior Acts under the heading ``Title III--Department of +Energy--Energy Programs'', $12,723,000 is hereby rescinded. + (b) No amounts may be rescinded under (a) from amounts that were +designated by the Congress as an emergency requirement pursuant to a +concurrent resolution on the budget or the Balanced Budget and +Emergency Deficit Control Act of 1985. + Sec. 309. Beginning in fiscal year 2021 and for each fiscal year +thereafter, fees collected pursuant to subsection (b)(1) of section +6939f of title 42, United States Code, shall be deposited in +``Department of Energy--Energy Programs--Non-Defense Environmental +Cleanup'' as discretionary offsetting collections. + Sec. 310. During fiscal year 2020 and each fiscal year thereafter, +notwithstanding any provision of title 5, United States Code, relating +to classification or rates of pay, the Southeastern Power +Administration shall pay any power system dispatcher employed by the +Administration a rate of basic pay and premium pay based on those +prevailing for similar occupations in the electric power industry. +Basic pay and premium pay may not be paid under this section to any +individual during a calendar year so as to result in a total rate in +excess of the rate of basic pay for level V of the Executive Schedule +(section 5316 of such title). + + TITLE IV + + INDEPENDENT AGENCIES + + Appalachian Regional Commission + + For expenses necessary to carry out the programs authorized by the +Appalachian Regional Development Act of 1965, and for expenses +necessary for the Federal Co-Chairman and the Alternate on the +Appalachian Regional Commission, for payment of the Federal share of +the administrative expenses of the Commission, including services as +authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, +$175,000,000, to remain available until expended. + + Defense Nuclear Facilities Safety Board + + salaries and expenses + + For expenses necessary for the Defense Nuclear Facilities Safety +Board in carrying out activities authorized by the Atomic Energy Act of +1954, as amended by Public Law 100-456, section 1441, $31,000,000, to +remain available until September 30, 2021. + + Delta Regional Authority + + salaries and expenses + + For expenses necessary for the Delta Regional Authority and to +carry out its activities, as authorized by the Delta Regional Authority +Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said +Act, $30,000,000, to remain available until expended. + + Denali Commission + + For expenses necessary for the Denali Commission including the +purchase, construction, and acquisition of plant and capital equipment +as necessary and other expenses, $15,000,000, to remain available until +expended, notwithstanding the limitations contained in section 306(g) +of the Denali Commission Act of 1998: Provided, That funds shall be +available for construction projects in an amount not to exceed 80 +percent of total project cost for distressed communities, as defined by +section 307 of the Denali Commission Act of 1998 (division C, title +III, Public Law 105-277), as amended by section 701 of appendix D, +title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not +to exceed 50 percent for non-distressed communities: Provided further, +That notwithstanding any other provision of law regarding payment of a +non-Federal share in connection with a grant-in-aid program, amounts +under this heading shall be available for the payment of such a non- +Federal share for programs undertaken to carry out the purposes of the +Commission. + + Northern Border Regional Commission + + For expenses necessary for the Northern Border Regional Commission +in carrying out activities authorized by subtitle V of title 40, United +States Code, $25,000,000, to remain available until expended: +Provided, That such amounts shall be available for administrative +expenses, notwithstanding section 15751(b) of title 40, United States +Code. + + Southeast Crescent Regional Commission + + For expenses necessary for the Southeast Crescent Regional +Commission in carrying out activities authorized by subtitle V of title +40, United States Code, $250,000, to remain available until expended. + + Nuclear Regulatory Commission + + salaries and expenses + + For expenses necessary for the Commission in carrying out the +purposes of the Energy Reorganization Act of 1974 and the Atomic Energy +Act of 1954, $842,236,000, including official representation expenses +not to exceed $25,000, to remain available until expended: Provided, +That of the amount appropriated herein, not more than $9,500,000 may be +made available for salaries, travel, and other support costs for the +Office of the Commission, to remain available until September 30, 2021, +of which, notwithstanding section 201(a)(2)(c) of the Energy +Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and +expenditure shall only be approved by a majority vote of the +Commission: Provided further, That revenues from licensing fees, +inspection services, and other services and collections estimated at +$717,125,000 in fiscal year 2020 shall be retained and used for +necessary salaries and expenses in this account, notwithstanding 31 +U.S.C. 3302, and shall remain available until expended: Provided +further, That of the amounts appropriated under this heading, not less +than $15,478,000 shall be for activities related to the development of +regulatory infrastructure for advanced nuclear technologies, and +$14,500,000 shall be for international activities, except that the +amounts provided under this proviso shall not be derived from fee +revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the +sum herein appropriated shall be reduced by the amount of revenues +received during fiscal year 2020 so as to result in a final fiscal year +2020 appropriation estimated at not more than $125,111,000: Provided +further, That of the amounts appropriated under this heading, +$10,500,000 shall be for university research and development in areas +relevant to the Commission's mission, and $5,500,000 shall be for a +Nuclear Science and Engineering Grant Program that will support +multiyear projects that do not align with programmatic missions but are +critical to maintaining the discipline of nuclear science and +engineering. + + office of inspector general + + For expenses necessary for the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$13,314,000, to remain available until September 30, 2021: Provided, +That revenues from licensing fees, inspection services, and other +services and collections estimated at $10,929,000 in fiscal year 2020 +shall be retained and be available until September 30, 2021, for +necessary salaries and expenses in this account, notwithstanding +section 3302 of title 31, United States Code: Provided further, That +the sum herein appropriated shall be reduced by the amount of revenues +received during fiscal year 2020 so as to result in a final fiscal year +2020 appropriation estimated at not more than $2,385,000: Provided +further, That of the amounts appropriated under this heading, +$1,171,000 shall be for Inspector General services for the Defense +Nuclear Facilities Safety Board, which shall not be available from fee +revenues. + + Nuclear Waste Technical Review Board + + salaries and expenses + + For expenses necessary for the Nuclear Waste Technical Review +Board, as authorized by Public Law 100-203, section 5051, $3,600,000, +to be derived from the Nuclear Waste Fund, to remain available until +September 30, 2021. + + GENERAL PROVISIONS--INDEPENDENT AGENCIES + + Sec. 401. The Nuclear Regulatory Commission shall comply with the +July 5, 2011, version of Chapter VI of its Internal Commission +Procedures when responding to Congressional requests for information, +consistent with Department of Justice guidance for all federal +agencies. + Sec. 402. (a) The amounts made available by this title for the +Nuclear Regulatory Commission may be reprogrammed for any program, +project, or activity, and the Commission shall notify the Committees on +Appropriations of both Houses of Congress at least 30 days prior to the +use of any proposed reprogramming that would cause any program funding +level to increase or decrease by more than $500,000 or 10 percent, +whichever is less, during the time period covered by this Act. + (b)(1) The Nuclear Regulatory Commission may waive the notification +requirement in subsection (a) if compliance with such requirement would +pose a substantial risk to human health, the environment, welfare, or +national security. + (2) The Nuclear Regulatory Commission shall notify the Committees +on Appropriations of both Houses of Congress of any waiver under +paragraph (1) as soon as practicable, but not later than 3 days after +the date of the activity to which a requirement or restriction would +otherwise have applied. Such notice shall include an explanation of the +substantial risk under paragraph (1) that permitted such waiver and +shall provide a detailed report to the Committees of such waiver and +changes to funding levels to programs, projects, or activities. + (c) Except as provided in subsections (a), (b), and (d), the +amounts made available by this title for ``Nuclear Regulatory +Commission--Salaries and Expenses'' shall be expended as directed in +the explanatory statement described in section 4 (in the matter +preceding division A of this consolidated Act). + (d) None of the funds provided for the Nuclear Regulatory +Commission shall be available for obligation or expenditure through a +reprogramming of funds that increases funds or personnel for any +program, project, or activity for which funds are denied or restricted +by this Act. + (e) The Commission shall provide a monthly report to the Committees +on Appropriations of both Houses of Congress, which includes the +following for each program, project, or activity, including any prior +year appropriations-- + (1) total budget authority; + (2) total unobligated balances; and + (3) total unliquidated obligations. + + TITLE V + + GENERAL PROVISIONS + + (including transfer of funds) + + Sec. 501. None of the funds appropriated by this Act may be used +in any way, directly or indirectly, to influence congressional action +on any legislation or appropriation matters pending before Congress, +other than to communicate to Members of Congress as described in 18 +U.S.C. 1913. + Sec. 502. (a) None of the funds made available in title III of this +Act may be transferred to any department, agency, or instrumentality of +the United States Government, except pursuant to a transfer made by or +transfer authority provided in this Act or any other appropriations Act +for any fiscal year, transfer authority referenced in the explanatory +statement described in section 4 (in the matter preceding division A of +this consolidated Act), or any authority whereby a department, agency, +or instrumentality of the United States Government may provide goods or +services to another department, agency, or instrumentality. + (b) None of the funds made available for any department, agency, or +instrumentality of the United States Government may be transferred to +accounts funded in title III of this Act, except pursuant to a transfer +made by or transfer authority provided in this Act or any other +appropriations Act for any fiscal year, transfer authority referenced +in the explanatory statement described in section 4 (in the matter +preceding division A of this consolidated Act), or any authority +whereby a department, agency, or instrumentality of the United States +Government may provide goods or services to another department, agency, +or instrumentality. + (c) The head of any relevant department or agency funded in this +Act utilizing any transfer authority shall submit to the Committees on +Appropriations of both Houses of Congress a semiannual report detailing +the transfer authorities, except for any authority whereby a +department, agency, or instrumentality of the United States Government +may provide goods or services to another department, agency, or +instrumentality, used in the previous 6 months and in the year-to-date. +This report shall include the amounts transferred and the purposes for +which they were transferred, and shall not replace or modify existing +notification requirements for each authority. + Sec. 503. None of the funds made available by this Act may be used +in contravention of Executive Order No. 12898 of February 11, 1994 +(Federal Actions to Address Environmental Justice in Minority +Populations and Low-Income Populations). + Sec. 504. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + This division may be cited as the ``Energy and Water Development +and Related Agencies Appropriations Act, 2020''. + + DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED + AGENCIES APPROPRIATIONS ACT, 2020 + + TITLE I + + DEPARTMENT OF THE INTERIOR + + Bureau of Land Management + + management of lands and resources + + (including rescission of funds) + + For necessary expenses for protection, use, improvement, +development, disposal, cadastral surveying, classification, acquisition +of easements and other interests in lands, and performance of other +functions, including maintenance of facilities, as authorized by law, +in the management of lands and their resources under the jurisdiction +of the Bureau of Land Management, including the general administration +of the Bureau, and assessment of mineral potential of public lands +pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), +$1,237,015,000, to remain available until September 30, 2021; of which +$115,000,000 for annual and deferred maintenance and $101,555,000 for +the wild horse and burro program, as authorized by Public Law 92-195 +(16 U.S.C. 1331 et sec.), shall remain available until expended: +Provided, That of the funds made available for the wild horse and burro +program, $21,000,000 shall not be available for obligation until 60 +days after submission to the Congress of the detailed plan described in +the explanatory statement described in section 4 (in the matter +preceding division A of this consolidated Act): Provided further, That +amounts in the fee account of the BLM Permit Processing Improvement +Fund may be used for any bureau-related expenses associated with the +processing of oil and gas applications for permits to drill and related +use of authorizations. + In addition, $40,196,000 is for Mining Law Administration program +operations, including the cost of administering the mining claim fee +program, to remain available until expended, to be reduced by amounts +collected by the Bureau and credited to this appropriation from mining +claim maintenance fees and location fees that are hereby authorized for +fiscal year 2020, so as to result in a final appropriation estimated at +not more than $1,237,015,000, and $2,000,000, to remain available until +expended, from communication site rental fees established by the Bureau +for the cost of administering communication site activities. + Of the unobligated balances from amounts made available under this +heading in fiscal year 2017 or before, $19,000,000 is permanently +rescinded: Provided, That no amounts may be rescinded from amounts +that were designated by the Congress as an emergency requirement +pursuant to the Concurrent Resolution on the Budget or the Balanced +Budget and Emergency Deficit Control Act of 1985. + + construction + + (including rescission of funds) + + Of the unobligated balances from amounts made available under this +heading $5,400,000 is permanently rescinded: Provided, That no amounts +may be rescinded from amounts that were designated by the Congress as +an emergency requirement pursuant to the Concurrent Resolution on the +Budget or the Balanced Budget and Emergency Deficit Control Act of +1985. + + land acquisition + + (including rescission of funds) + + For expenses necessary to carry out sections 205, 206, and 318(d) +of Public Law 94-579, including administrative expenses and acquisition +of lands or waters, or interests therein, $32,300,000, to be derived +from the Land and Water Conservation Fund and to remain available until +expended. + Of the unobligated balances from amounts made available for Land +Acquisition and derived from the Land and Water Conservation Fund, +$2,367,000 is hereby permanently rescinded from projects with cost +savings or failed or partially failed projects: Provided, That no +amounts may be rescinded from amounts that were designated by the +Congress as an emergency requirement pursuant to the Concurrent +Resolution on the Budget or the Balanced Budget and Emergency Deficit +Control Act of 1985. + + oregon and california grant lands + + For expenses necessary for management, protection, and development +of resources and for construction, operation, and maintenance of access +roads, reforestation, and other improvements on the revested Oregon and +California Railroad grant lands, on other Federal lands in the Oregon +and California land-grant counties of Oregon, and on adjacent rights- +of-way; and acquisition of lands or interests therein, including +existing connecting roads on or adjacent to such grant lands; +$112,094,000, to remain available until expended: Provided, That 25 +percent of the aggregate of all receipts during the current fiscal year +from the revested Oregon and California Railroad grant lands is hereby +made a charge against the Oregon and California land-grant fund and +shall be transferred to the General Fund in the Treasury in accordance +with the second paragraph of subsection (b) of title II of the Act of +August 28, 1937 (43 U.S.C. 2605). + + range improvements + + For rehabilitation, protection, and acquisition of lands and +interests therein, and improvement of Federal rangelands pursuant to +section 401 of the Federal Land Policy and Management Act of 1976 (43 +U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent +of all moneys received during the prior fiscal year under sections 3 +and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount +designated for range improvements from grazing fees and mineral leasing +receipts from Bankhead-Jones lands transferred to the Department of the +Interior pursuant to law, but not less than $10,000,000, to remain +available until expended: Provided, That not to exceed $600,000 shall +be available for administrative expenses. + + service charges, deposits, and forfeitures + + For administrative expenses and other costs related to processing +application documents and other authorizations for use and disposal of +public lands and resources, for costs of providing copies of official +public land documents, for monitoring construction, operation, and +termination of facilities in conjunction with use authorizations, and +for rehabilitation of damaged property, such amounts as may be +collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under +section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain +available until expended: Provided, That notwithstanding any provision +to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. +1735(a)), any moneys that have been or will be received pursuant to +that section, whether as a result of forfeiture, compromise, or +settlement, if not appropriate for refund pursuant to section 305(c) of +that Act (43 U.S.C. 1735(c)), shall be available and may be expended +under the authority of this Act by the Secretary to improve, protect, +or rehabilitate any public lands administered through the Bureau of +Land Management which have been damaged by the action of a resource +developer, purchaser, permittee, or any unauthorized person, without +regard to whether all moneys collected from each such action are used +on the exact lands damaged which led to the action: Provided further, +That any such moneys that are in excess of amounts needed to repair +damage to the exact land for which funds were collected may be used to +repair other damaged public lands. + + miscellaneous trust funds + + In addition to amounts authorized to be expended under existing +laws, there is hereby appropriated such amounts as may be contributed +under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such +amounts as may be advanced for administrative costs, surveys, +appraisals, and costs of making conveyances of omitted lands under +section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available +until expended. + + administrative provisions + + The Bureau of Land Management may carry out the operations funded +under this Act by direct expenditure, contracts, grants, cooperative +agreements and reimbursable agreements with public and private +entities, including with States. Appropriations for the Bureau shall be +available for purchase, erection, and dismantlement of temporary +structures, and alteration and maintenance of necessary buildings and +appurtenant facilities to which the United States has title; up to +$100,000 for payments, at the discretion of the Secretary, for +information or evidence concerning violations of laws administered by +the Bureau; miscellaneous and emergency expenses of enforcement +activities authorized or approved by the Secretary and to be accounted +for solely on the Secretary's certificate, not to exceed $10,000: +Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the +Bureau may, under cooperative cost-sharing and partnership arrangements +authorized by law, procure printing services from cooperators in +connection with jointly produced publications for which the cooperators +share the cost of printing either in cash or in services, and the +Bureau determines the cooperator is capable of meeting accepted quality +standards: Provided further, That projects to be funded pursuant to a +written commitment by a State government to provide an identified +amount of money in support of the project may be carried out by the +Bureau on a reimbursable basis. + + United States Fish and Wildlife Service + + resource management + + For necessary expenses of the United States Fish and Wildlife +Service, as authorized by law, and for scientific and economic studies, +general administration, and for the performance of other authorized +functions related to such resources, $1,364,289,000, to remain +available until September 30, 2021: Provided, That not to exceed +$20,318,000 shall be used for implementing subsections (a), (b), (c), +and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. +1533) (except for processing petitions, developing and issuing proposed +and final regulations, and taking any other steps to implement actions +described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): +Provided further, That of the amounts made available under this heading +for central office operations, $1,000,000 shall not be available for +obligation until the Landscape Conservation Cooperatives report is +received by the Committees on Appropriations of the House of +Representatives and the Senate in accordance with the explanatory +statement described in section 4 (in the matter preceding division A of +this consolidated Act). + + construction + + For construction, improvement, acquisition, or removal of buildings +and other facilities required in the conservation, management, +investigation, protection, and utilization of fish and wildlife +resources, and the acquisition of lands and interests therein; +$29,704,000, to remain available until expended. + + land acquisition + + (including rescission of funds) + + For expenses necessary to carry out chapter 2003 of title 54, +United States Code, including administrative expenses, and for +acquisition of land or waters, or interest therein, in accordance with +statutory authority applicable to the United States Fish and Wildlife +Service, $70,715,000, to be derived from the Land and Water +Conservation Fund and to remain available until expended, of which, not +more than $10,000,000 shall be for land conservation partnerships +authorized by the Highlands Conservation Act of 2004, including not to +exceed $320,000 for administrative expenses: Provided, That none of +the funds appropriated for specific land acquisition projects may be +used to pay for any administrative overhead, planning or other +management costs. + Of the unobligated balances from amounts made available for the +Fish and Wildlife Service and derived from the Land and Water +Conservation Fund, $3,628,000 is hereby permanently rescinded from +projects with cost savings or failed or partially failed projects: +Provided further, That no amounts may be rescinded from amounts that +were designated by the Congress as an emergency requirement pursuant to +the Concurrent Resolution on the Budget or the Balanced Budget and +Emergency Deficit Control Act of 1985. + + cooperative endangered species conservation fund + + (including rescission of funds) + + For expenses necessary to carry out section 6 of the Endangered +Species Act of 1973 (16 U.S.C. 1535), $54,502,000, to remain available +until expended, of which $23,702,000 is to be derived from the +Cooperative Endangered Species Conservation Fund; and of which +$30,800,000 is to be derived from the Land and Water Conservation Fund. + Of the unobligated balances made available from the Cooperative +Endangered Species Conservation Fund, $18,771,000 is permanently +rescinded from projects or from other grant programs with an +unobligated carry over balance: Provided, That no amounts may be +rescinded from amounts that were designated by the Congress as an +emergency requirement pursuant to the Concurrent Resolution on the +Budget or the Balanced Budget and Emergency Deficit Control Act of +1985. + + national wildlife refuge fund + + For expenses necessary to implement the Act of October 17, 1978 (16 +U.S.C. 715s), $13,228,000. + + north american wetlands conservation fund + + For expenses necessary to carry out the provisions of the North +American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), +$46,000,000, to remain available until expended. + + neotropical migratory bird conservation + + For expenses necessary to carry out the Neotropical Migratory Bird +Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to remain +available until expended. + + multinational species conservation fund + + For expenses necessary to carry out the African Elephant +Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant +Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and +Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape +Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine +Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $15,000,000, +to remain available until expended. + + state and tribal wildlife grants + + For wildlife conservation grants to States and to the District of +Columbia, Puerto Rico, Guam, the United States Virgin Islands, the +Northern Mariana Islands, American Samoa, and Indian tribes under the +provisions of the Fish and Wildlife Act of 1956 and the Fish and +Wildlife Coordination Act, for the development and implementation of +programs for the benefit of wildlife and their habitat, including +species that are not hunted or fished, $67,571,000, to remain available +until expended: Provided, That of the amount provided herein, +$5,209,000 is for a competitive grant program for Indian tribes not +subject to the remaining provisions of this appropriation: Provided +further, That $7,362,000 is for a competitive grant program to +implement approved plans for States, territories, and other +jurisdictions and at the discretion of affected States, the regional +Associations of fish and wildlife agencies, not subject to the +remaining provisions of this appropriation: Provided further, That the +Secretary shall, after deducting $12,571,000 and administrative +expenses, apportion the amount provided herein in the following manner: +(1) to the District of Columbia and to the Commonwealth of Puerto Rico, +each a sum equal to not more than one-half of 1 percent thereof; and +(2) to Guam, American Samoa, the United States Virgin Islands, and the +Commonwealth of the Northern Mariana Islands, each a sum equal to not +more than one-fourth of 1 percent thereof: Provided further, That the +Secretary shall apportion the remaining amount in the following manner: +(1) one-third of which is based on the ratio to which the land area of +such State bears to the total land area of all such States; and (2) +two-thirds of which is based on the ratio to which the population of +such State bears to the total population of all such States: Provided +further, That the amounts apportioned under this paragraph shall be +adjusted equitably so that no State shall be apportioned a sum which is +less than 1 percent of the amount available for apportionment under +this paragraph for any fiscal year or more than 5 percent of such +amount: Provided further, That the Federal share of planning grants +shall not exceed 75 percent of the total costs of such projects and the +Federal share of implementation grants shall not exceed 65 percent of +the total costs of such projects: Provided further, That the non- +Federal share of such projects may not be derived from Federal grant +programs: Provided further, That any amount apportioned in 2020 to any +State, territory, or other jurisdiction that remains unobligated as of +September 30, 2021, shall be reapportioned, together with funds +appropriated in 2022, in the manner provided herein. + + administrative provisions + + The United States Fish and Wildlife Service may carry out the +operations of Service programs by direct expenditure, contracts, +grants, cooperative agreements and reimbursable agreements with public +and private entities. Appropriations and funds available to the United +States Fish and Wildlife Service shall be available for repair of +damage to public roads within and adjacent to reservation areas caused +by operations of the Service; options for the purchase of land at not +to exceed $1 for each option; facilities incident to such public +recreational uses on conservation areas as are consistent with their +primary purpose; and the maintenance and improvement of aquaria, +buildings, and other facilities under the jurisdiction of the Service +and to which the United States has title, and which are used pursuant +to law in connection with management, and investigation of fish and +wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the +Service may, under cooperative cost sharing and partnership +arrangements authorized by law, procure printing services from +cooperators in connection with jointly produced publications for which +the cooperators share at least one-half the cost of printing either in +cash or services and the Service determines the cooperator is capable +of meeting accepted quality standards: Provided further, That the +Service may accept donated aircraft as replacements for existing +aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all +fees collected for non-toxic shot review and approval shall be +deposited under the heading ``United States Fish and Wildlife Service-- +Resource Management'' and shall be available to the Secretary, without +further appropriation, to be used for expenses of processing of such +non-toxic shot type or coating applications and revising regulations as +necessary, and shall remain available until expended. + + National Park Service + + operation of the national park system + + For expenses necessary for the management, operation, and +maintenance of areas and facilities administered by the National Park +Service and for the general administration of the National Park +Service, $2,576,992,000, of which $10,282,000 for planning and +interagency coordination in support of Everglades restoration and +$135,950,000 for maintenance, repair, or rehabilitation projects for +constructed assets and $153,575,000 for cyclic maintenance projects for +constructed assets and cultural resources and $5,000,000 for uses +authorized by section 101122 of title 54, United States Code shall +remain available until September 30, 2021: Provided, That funds +appropriated under this heading in this Act are available for the +purposes of section 5 of Public Law 95-348: Provided further, That +notwithstanding section 9(a) of the United States Semiquincentennial +Commission Act of 2016 (Public Law 114-196; 130 Stat. 691), $3,300,000 +of the funds made available under this heading shall be provided to the +organization selected under section 9(b) of that Act for expenditure by +the United States Semiquincentennial Commission in accordance with that +Act: Provided further, That notwithstanding section 9 of the 400 Years +of African-American History Commission Act (36 U.S.C. note prec. 101; +Public Law 115-102), $3,300,000 of the funds provided under this +heading shall be made available for the purposes specified by that Act: + Provided further, That sections (7)(b) and (8) of that Act shall be +amended by striking ``July 1, 2020'' and inserting ``July 1, 2021''. + + national recreation and preservation + + For expenses necessary to carry out recreation programs, natural +programs, cultural programs, heritage partnership programs, +environmental compliance and review, international park affairs, and +grant administration, not otherwise provided for, $71,166,000. + + historic preservation fund + + For expenses necessary in carrying out the National Historic +Preservation Act (division A of subtitle III of title 54, United States +Code), $118,660,000, to be derived from the Historic Preservation Fund +and to remain available until September 30, 2021, of which $16,000,000 +shall be for Save America's Treasures grants for preservation of +national significant sites, structures and artifacts as authorized by +section 7303 of the Omnibus Public Land Management Act of 2009 (54 +U.S.C. 3089): Provided, That an individual Save America's Treasures +grant shall be matched by non-Federal funds: Provided further, That +individual projects shall only be eligible for one grant: Provided +further, That all projects to be funded shall be approved by the +Secretary of the Interior in consultation with the House and Senate +Committees on Appropriations: Provided further, That of the funds +provided for the Historic Preservation Fund, $750,000 is for +competitive grants for the survey and nomination of properties to the +National Register of Historic Places and as National Historic Landmarks +associated with communities currently under-represented, as determined +by the Secretary, $18,750,000 is for competitive grants to preserve the +sites and stories of the Civil Rights movement, $10,000,000 is for +grants to Historically Black Colleges and Universities, and $7,500,000 +is for competitive grants for the restoration of historic properties of +national, State and local significance listed on or eligible for +inclusion on the National Register of Historic Places, to be made +without imposing the usage or direct grant restrictions of section +101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation +Act: Provided further, That such competitive grants shall be made +without imposing the matching requirements in section 302902(b)(3) of +title 54, United States Code, to States and Indian tribes as defined in +chapter 3003 of such title, Native Hawaiian organizations, local +governments, including Certified Local Governments, and non-profit +organizations. + + construction + + For construction, improvements, repair, or replacement of physical +facilities, and compliance and planning for programs and areas +administered by the National Park Service, $389,345,000, to remain +available until expended: Provided, That notwithstanding any other +provision of law, for any project initially funded in fiscal year 2020 +with a future phase indicated in the National Park Service 5-Year Line +Item Construction Plan, a single procurement may be issued which +includes the full scope of the project: Provided further, That the +solicitation and contract shall contain the clause availability of +funds found at 48 CFR 52.232-18: Provided further, That National Park +Service Donations, Park Concessions Franchise Fees, and Recreation Fees +may be made available for the cost of adjustments and changes within +the original scope of effort for projects funded by the National Park +Service Construction appropriation: Provided further, That the +Secretary of the Interior shall consult with the Committees on +Appropriations, in accordance with current reprogramming thresholds, +prior to making any charges authorized by this section. + + land acquisition and state assistance + + (including rescission of funds) + + For expenses necessary to carry out chapter 2003 of title 54, +United States Code, including administrative expenses, and for +acquisition of lands or waters, or interest therein, in accordance with +the statutory authority applicable to the National Park Service, +$208,400,000, to be derived from the Land and Water Conservation Fund +and to remain available until expended, of which $140,000,000 is for +the State assistance program and of which $13,000,000 shall be for the +American Battlefield Protection Program grants as authorized by chapter +3081 of title 54, United States Code. + Of the unobligated balances from amounts made available for the +National Park Service and derived from the Land and Water Conservation +Fund, $2,279,000 is hereby permanently rescinded from projects or from +other grant programs with an unobligated carry over balance: Provided, +That no amounts may be rescinded from amounts that were designed by the +Congress as an emergency requirement pursuant to the Concurrent +Resolution on the Budget or the Balanced Budget and Emergency Deficit +Control Act of 1985. + + centennial challenge + + For expenses necessary to carry out the provisions of section +101701 of title 54, United States Code, relating to challenge cost +share agreements, $15,000,000, to remain available until expended, for +Centennial Challenge projects and programs: Provided, That not less +than 50 percent of the total cost of each project or program shall be +derived from non-Federal sources in the form of donated cash, assets, +or a pledge of donation guaranteed by an irrevocable letter of credit. + + administrative provisions + + (including transfer of funds) + + In addition to other uses set forth in section 101917(c)(2) of +title 54, United States Code, franchise fees credited to a sub-account +shall be available for expenditure by the Secretary, without further +appropriation, for use at any unit within the National Park System to +extinguish or reduce liability for Possessory Interest or leasehold +surrender interest. Such funds may only be used for this purpose to the +extent that the benefitting unit anticipated franchise fee receipts +over the term of the contract at that unit exceed the amount of funds +used to extinguish or reduce liability. Franchise fees at the +benefitting unit shall be credited to the sub-account of the +originating unit over a period not to exceed the term of a single +contract at the benefitting unit, in the amount of funds so expended to +extinguish or reduce liability. + For the costs of administration of the Land and Water Conservation +Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico +Energy Security Act of 2006 (Public Law 109-432), the National Park +Service may retain up to 3 percent of the amounts which are authorized +to be disbursed under such section, such retained amounts to remain +available until expended. + National Park Service funds may be transferred to the Federal +Highway Administration (FHWA), Department of Transportation, for +purposes authorized under 23 U.S.C. 203. Transfers may include a +reasonable amount for FHWA administrative support costs. + + United States Geological Survey + + surveys, investigations, and research + + For expenses necessary for the United States Geological Survey to +perform surveys, investigations, and research covering topography, +geology, hydrology, biology, and the mineral and water resources of the +United States, its territories and possessions, and other areas as +authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their +mineral and water resources; give engineering supervision to power +permittees and Federal Energy Regulatory Commission licensees; +administer the minerals exploration program (30 U.S.C. 641); conduct +inquiries into the economic conditions affecting mining and materials +processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) +and related purposes as authorized by law; and to publish and +disseminate data relative to the foregoing activities; $1,270,957,000, +to remain available until September 30, 2021; of which $84,337,000 +shall remain available until expended for satellite operations; and of +which $76,164,000 shall be available until expended for deferred +maintenance and capital improvement projects that exceed $100,000 in +cost: Provided, That none of the funds provided for the ecosystem +research activity shall be used to conduct new surveys on private +property, unless specifically authorized in writing by the property +owner: Provided further, That no part of this appropriation shall be +used to pay more than one-half the cost of topographic mapping or water +resources data collection and investigations carried on in cooperation +with States and municipalities. + + administrative provisions + + From within the amount appropriated for activities of the United +States Geological Survey such sums as are necessary shall be available +for contracting for the furnishing of topographic maps and for the +making of geophysical or other specialized surveys when it is +administratively determined that such procedures are in the public +interest; construction and maintenance of necessary buildings and +appurtenant facilities; acquisition of lands for gauging stations, +observation wells, and seismic equipment; expenses of the United States +National Committee for Geological Sciences; and payment of compensation +and expenses of persons employed by the Survey duly appointed to +represent the United States in the negotiation and administration of +interstate compacts: Provided, That activities funded by +appropriations herein made may be accomplished through the use of +contracts, grants, or cooperative agreements as defined in section 6302 +of title 31, United States Code: Provided further, That the United +States Geological Survey may enter into contracts or cooperative +agreements directly with individuals or indirectly with institutions or +nonprofit organizations, without regard to 41 U.S.C. 6101, for the +temporary or intermittent services of students or recent graduates, who +shall be considered employees for the purpose of chapters 57 and 81 of +title 5, United States Code, relating to compensation for travel and +work injuries, and chapter 171 of title 28, United States Code, +relating to tort claims, but shall not be considered to be Federal +employees for any other purposes. + + Bureau of Ocean Energy Management + + ocean energy management + + For expenses necessary for granting and administering leases, +easements, rights-of-way and agreements for use for oil and gas, other +minerals, energy, and marine-related purposes on the Outer Continental +Shelf and approving operations related thereto, as authorized by law; +for environmental studies, as authorized by law; for implementing other +laws and to the extent provided by Presidential or Secretarial +delegation; and for matching grants or cooperative agreements, +$191,611,000, of which $131,611,000 is to remain available until +September 30, 2021, and of which $60,000,000 is to remain available +until expended: Provided, That this total appropriation shall be +reduced by amounts collected by the Secretary and credited to this +appropriation from additions to receipts resulting from increases to +lease rental rates in effect on August 5, 1993, and from cost recovery +fees from activities conducted by the Bureau of Ocean Energy Management +pursuant to the Outer Continental Shelf Lands Act, including studies, +assessments, analysis, and miscellaneous administrative activities: +Provided further, That the sum herein appropriated shall be reduced as +such collections are received during the fiscal year, so as to result +in a final fiscal year 2020 appropriation estimated at not more than +$131,611,000: Provided further, That not to exceed $3,000 shall be +available for reasonable expenses related to promoting volunteer beach +and marine cleanup activities. + + Bureau of Safety and Environmental Enforcement + + offshore safety and environmental enforcement + + (including rescission of funds) + + For expenses necessary for the regulation of operations related to +leases, easements, rights-of-way and agreements for use for oil and +gas, other minerals, energy, and marine-related purposes on the Outer +Continental Shelf, as authorized by law; for enforcing and implementing +laws and regulations as authorized by law and to the extent provided by +Presidential or Secretarial delegation; and for matching grants or +cooperative agreements, $149,333,000, of which $123,333,000 is to +remain available until September 30, 2021, and of which $26,000,000 is +to remain available until expended: Provided, That this total +appropriation shall be reduced by amounts collected by the Secretary +and credited to this appropriation from additions to receipts resulting +from increases to lease rental rates in effect on August 5, 1993, and +from cost recovery fees from activities conducted by the Bureau of +Safety and Environmental Enforcement pursuant to the Outer Continental +Shelf Lands Act, including studies, assessments, analysis, and +miscellaneous administrative activities: Provided further, That the +sum herein appropriated shall be reduced as such collections are +received during the fiscal year, so as to result in a final fiscal year +2020 appropriation estimated at not more than $123,333,000: Provided +further, That of the unobligated balances from amounts made available +under this heading $4,788,000 is permanently rescinded: Provided +further, That no amounts may be rescinded from amounts that were +designated by the Congress as an emergency requirement pursuant to the +Concurrent Resolution on the Budget or the Balanced Budget and +Emergency Deficit Control Act of 1985. + For an additional amount, $43,479,000, to remain available until +expended, to be reduced by amounts collected by the Secretary and +credited to this appropriation, which shall be derived from non- +refundable inspection fees collected in fiscal year 2020, as provided +in this Act: Provided, That to the extent that amounts realized from +such inspection fees exceed $43,479,000, the amounts realized in excess +of $43,479,000 shall be credited to this appropriation and remain +available until expended: Provided further, That for fiscal year 2020, +not less than 50 percent of the inspection fees expended by the Bureau +of Safety and Environmental Enforcement will be used to fund personnel +and mission-related costs to expand capacity and expedite the orderly +development, subject to environmental safeguards, of the Outer +Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 +U.S.C. 1331 et seq.), including the review of applications for permits +to drill. + + oil spill research + + For necessary expenses to carry out title I, section 1016, title +IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of +the Oil Pollution Act of 1990, $14,899,000, which shall be derived from +the Oil Spill Liability Trust Fund, to remain available until expended. + + Office of Surface Mining Reclamation and Enforcement + + regulation and technology + + For necessary expenses to carry out the provisions of the Surface +Mining Control and Reclamation Act of 1977, Public Law 95-87, +$117,768,000, to remain available until September 30, 2021: Provided, +That appropriations for the Office of Surface Mining Reclamation and +Enforcement may provide for the travel and per diem expenses of State +and tribal personnel attending Office of Surface Mining Reclamation and +Enforcement sponsored training. + In addition, for costs to review, administer, and enforce permits +issued by the Office pursuant to section 507 of Public Law 95-87 (30 +U.S.C. 1257), $40,000, to remain available until expended: Provided, +That fees assessed and collected by the Office pursuant to such section +507 shall be credited to this account as discretionary offsetting +collections, to remain available until expended: Provided further, +That the sum herein appropriated from the general fund shall be reduced +as collections are received during the fiscal year, so as to result in +a fiscal year 2020 appropriation estimated at not more than +$117,768,000. + + abandoned mine reclamation fund + + For necessary expenses to carry out title IV of the Surface Mining +Control and Reclamation Act of 1977, Public Law 95-87, $24,713,000, to +be derived from receipts of the Abandoned Mine Reclamation Fund and to +remain available until expended: Provided, That pursuant to Public Law +97-365, the Department of the Interior is authorized to use up to 20 +percent from the recovery of the delinquent debt owed to the United +States Government to pay for contracts to collect these debts: +Provided further, That funds made available under title IV of Public +Law 95-87 may be used for any required non-Federal share of the cost of +projects funded by the Federal Government for the purpose of +environmental restoration related to treatment or abatement of acid +mine drainage from abandoned mines: Provided further, That such +projects must be consistent with the purposes and priorities of the +Surface Mining Control and Reclamation Act: Provided further, That +amounts provided under this heading may be used for the travel and per +diem expenses of State and tribal personnel attending Office of Surface +Mining Reclamation and Enforcement sponsored training. + In addition, $115,000,000, to remain available until expended, for +grants to States and federally recognized Indian Tribes for reclamation +of abandoned mine lands and other related activities in accordance with +the terms and conditions described in the explanatory statement +described in section 4 (in the matter preceding division A of this +consolidated Act): Provided, That such additional amount shall be used +for economic and community development in conjunction with the +priorities in section 403(a) of the Surface Mining Control and +Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of +such additional amount, $75,000,000 shall be distributed in equal +amounts to the 3 Appalachian States with the greatest amount of +unfunded needs to meet the priorities described in paragraphs (1) and +(2) of such section, $30,000,000 shall be distributed in equal amounts +to the 3 Appalachian States with the subsequent greatest amount of +unfunded needs to meet such priorities, and $10,000,000 shall be for +grants to federally recognized Indian Tribes without regard to their +status as certified or uncertified under the Surface Mining Control and +Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of +abandoned mine lands and other related activities in accordance with +the terms and conditions described in the explanatory statement +described in section 4 (in the matter preceding division A of this +consolidated Act) and shall be used for economic and community +development in conjunction with the priorities in section 403(a) of the +Surface Mining Control and Reclamation Act of 1977: Provided further, +That such additional amount shall be allocated to States and Indian +Tribes within 60 days after the date of enactment of this Act. + + Indian Affairs + + Bureau of Indian Affairs + + operation of indian programs + + (including transfers of funds) + + For expenses necessary for the operation of Indian programs, as +authorized by law, including the Snyder Act of November 2, 1921 (25 +U.S.C. 13), the Indian Self-Determination and Education Assistance Act +of 1975 (25 U.S.C. 5301 et seq.), $1,577,110,000, to remain available +until September 30, 2021, except as otherwise provided herein; of which +not to exceed $8,500 may be for official reception and representation +expenses; of which not to exceed $74,734,000 shall be for welfare +assistance payments: Provided, That in cases of designated Federal +disasters, the Secretary may exceed such cap for welfare payments from +the amounts provided herein, to provide for disaster relief to Indian +communities affected by the disaster: Provided further, That federally +recognized Indian tribes and tribal organizations of federally +recognized Indian tribes may use their tribal priority allocations for +unmet welfare assistance costs: Provided further, That not to exceed +$57,424,000 shall remain available until expended for housing +improvement, road maintenance, attorney fees, litigation support, land +records improvement, and the Navajo-Hopi Settlement Program: Provided +further, That any forestry funds allocated to a federally recognized +tribe which remain unobligated as of September 30, 2021, may be +transferred during fiscal year 2022 to an Indian forest land assistance +account established for the benefit of the holder of the funds within +the holder's trust fund account: Provided further, That any such +unobligated balances not so transferred shall expire on September 30, +2022: Provided further, That in order to enhance the safety of Bureau +field employees, the Bureau may use funds to purchase uniforms or other +identifying articles of clothing for personnel: Provided further, That +the Bureau of Indian Affairs may accept transfers of funds from United +States Customs and Border Protection to supplement any other funding +available for reconstruction or repair of roads owned by the Bureau of +Indian Affairs as identified on the National Tribal Transportation +Facility Inventory, 23 U.S.C. 202(b)(1). + + contract support costs + + For payments to tribes and tribal organizations for contract +support costs associated with Indian Self-Determination and Education +Assistance Act agreements with the Bureau of Indian Affairs and the +Bureau of Indian Education for fiscal year 2020, such sums as may be +necessary, which shall be available for obligation through September +30, 2021: Provided, That notwithstanding any other provision of law, +no amounts made available under this heading shall be available for +transfer to another budget account. + + construction + + (including transfers and rescission of funds) + + For construction, repair, improvement, and maintenance of +irrigation and power systems, buildings, utilities, and other +facilities, including architectural and engineering services by +contract; acquisition of lands, and interests in lands; and preparation +of lands for farming, and for construction of the Navajo Indian +Irrigation Project pursuant to Public Law 87-483; $128,591,000, to +remain available until expended: Provided, That such amounts as may be +available for the construction of the Navajo Indian Irrigation Project +may be transferred to the Bureau of Reclamation: Provided further, +That any funds provided for the Safety of Dams program pursuant to the +Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a +nonreimbursable basis: Provided further, That this appropriation may +be reimbursed from the Office of the Special Trustee for American +Indians appropriation for the appropriate share of construction costs +for space expansion needed in agency offices to meet trust reform +implementation: Provided further, That of the funds made available +under this heading, $10,000,000 shall be derived from the Indian +Irrigation Fund established by section 3211 of the WIIN Act (Public Law +114-322; 130 Stat. 1749). + Of the unobligated balances made available for the ``Construction, +Resources Management'' account, $2,000,000 is permanently rescinded: +Provided, That no amounts may be rescinded from amounts that were +designated by the Congress as an emergency requirement pursuant to the +Concurrent Resolution on the Budget or the Balanced Budget and +Emergency Deficit Control Act of 1985. + + indian land and water claim settlements and miscellaneous payments to + indians + + For payments and necessary administrative expenses for +implementation of Indian land and water claim settlements pursuant to +Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and +for implementation of other land and water rights settlements, +$45,644,000, to remain available until expended. + + indian guaranteed loan program account + + For the cost of guaranteed loans and insured loans, $11,779,000, of +which $1,590,000 is for administrative expenses, as authorized by the +Indian Financing Act of 1974: Provided, That such costs, including the +cost of modifying such loans, shall be as defined in section 502 of the +Congressional Budget Act of 1974: Provided further, That these funds +are available to subsidize total loan principal, any part of which is +to be guaranteed or insured, not to exceed $183,476,740. + + bureau of indian education + + operation of indian education programs + + (including transfers of funds) + + For expenses necessary for the operation of Indian education +programs, as authorized by law, including the Snyder Act of November 2, +1921 (25 U.S.C. 13), the Indian Self-Determination and Education +Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education +Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled +Schools Act of 1988 (25 U.S.C. 2501 et seq.), $943,077,000, to remain +available until September 30, 2021, except as otherwise provided +herein: Provided, That Federally recognized Indian tribes and tribal +organizations of Federally recognized Indian tribes may use their +tribal priority allocations for unmet welfare assistance costs: +Provided further, That not to exceed $702,837,000 for school operations +costs of Bureau-funded schools and other education programs shall +become available on July 1, 2020, and shall remain available until +September 30, 2021: Provided further, That notwithstanding any other +provision of law, including but not limited to the Indian Self- +Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of +the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed +$83,407,000 within and only from such amounts made available for school +operations shall be available for administrative cost grants associated +with grants approved prior to July 1, 2020: Provided further, That in +order to enhance the safety of Bureau field employees, the Bureau may +use funds to purchase uniforms or other identifying articles of +clothing for personnel. + + education construction + + For construction, repair, improvement, and maintenance of +buildings, utilities, and other facilities necessary for the operation +of Indian education programs, including architectural and engineering +services by contract; acquisition of lands, and interests in lands; +$248,257,000 to remain available until expended: Provided, That in +order to ensure timely completion of construction projects, the +Secretary may assume control of a project and all funds related to the +project, if, not later than 18 months after the date of the enactment +of this Act, any Public Law 100-297 (25 U.S.C. 2501, et seq.) grantee +receiving funds appropriated in this Act or in any prior Act, has not +completed the planning and design phase of the project and commenced +construction. + + administrative provisions + + (including transfers of funds) + + The Bureau of Indian Affairs and the Bureau of Indian Education may +carry out the operation of Indian programs by direct expenditure, +contracts, cooperative agreements, compacts, and grants, either +directly or in cooperation with States and other organizations. + Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of +Indian Affairs may contract for services in support of the management, +operation, and maintenance of the Power Division of the San Carlos +Irrigation Project. + Notwithstanding any other provision of law, no funds available to +the Bureau of Indian Affairs or the Bureau of Indian Education for +central office oversight and Executive Direction and Administrative +Services (except executive direction and administrative services +funding for Tribal Priority Allocations, regional offices, and +facilities operations and maintenance) shall be available for +contracts, grants, compacts, or cooperative agreements with the Bureau +of Indian Affairs or the Bureau of Indian Education under the +provisions of the Indian Self-Determination Act or the Tribal Self- +Governance Act of 1994 (Public Law 103-413). + In the event any tribe returns appropriations made available by +this Act to the Bureau of Indian Affairs or the Bureau of Indian +Education, this action shall not diminish the Federal Government's +trust responsibility to that tribe, or the government-to-government +relationship between the United States and that tribe, or that tribe's +ability to access future appropriations. + Notwithstanding any other provision of law, no funds available to +the Bureau of Indian Education, other than the amounts provided herein +for assistance to public schools under 25 U.S.C. 452 et seq., shall be +available to support the operation of any elementary or secondary +school in the State of Alaska. + No funds available to the Bureau of Indian Education shall be used +to support expanded grades for any school or dormitory beyond the grade +structure in place or approved by the Secretary of the Interior at each +school in the Bureau of Indian Education school system as of October 1, +1995, except that the Secretary of the Interior may waive this +prohibition to support expansion of up to one additional grade when the +Secretary determines such waiver is needed to support accomplishment of +the mission of the Bureau of Indian Education, or more than one grade +to expand the elementary grade structure for Bureau-funded schools with +a K-2 grade structure on October 1, 1996. Appropriations made available +in this or any prior Act for schools funded by the Bureau shall be +available, in accordance with the Bureau's funding formula, only to the +schools in the Bureau school system as of September 1, 1996, and to any +school or school program that was reinstated in fiscal year 2012. Funds +made available under this Act may not be used to establish a charter +school at a Bureau-funded school (as that term is defined in section +1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that +a charter school that is in existence on the date of the enactment of +this Act and that has operated at a Bureau-funded school before +September 1, 1999, may continue to operate during that period, but only +if the charter school pays to the Bureau a pro rata share of funds to +reimburse the Bureau for the use of the real and personal property +(including buses and vans), the funds of the charter school are kept +separate and apart from Bureau funds, and the Bureau does not assume +any obligation for charter school programs of the State in which the +school is located if the charter school loses such funding. Employees +of Bureau-funded schools sharing a campus with a charter school and +performing functions related to the charter school's operation and +employees of a charter school shall not be treated as Federal employees +for purposes of chapter 171 of title 28, United States Code. + Notwithstanding any other provision of law, including section 113 +of title I of appendix C of Public Law 106-113, if in fiscal year 2003 +or 2004 a grantee received indirect and administrative costs pursuant +to a distribution formula based on section 5(f) of Public Law 101-301, +the Secretary shall continue to distribute indirect and administrative +cost funds to such grantee using the section 5(f) distribution formula. + Funds available under this Act may not be used to establish +satellite locations of schools in the Bureau school system as of +September 1, 1996, except that the Secretary may waive this prohibition +in order for an Indian tribe to provide language and cultural immersion +educational programs for non-public schools located within the +jurisdictional area of the tribal government which exclusively serve +tribal members, do not include grades beyond those currently served at +the existing Bureau-funded school, provide an educational environment +with educator presence and academic facilities comparable to the +Bureau-funded school, comply with all applicable Tribal, Federal, or +State health and safety standards, and the Americans with Disabilities +Act, and demonstrate the benefits of establishing operations at a +satellite location in lieu of incurring extraordinary costs, such as +for transportation or other impacts to students such as those caused by +busing students extended distances: Provided, That no funds available +under this Act may be used to fund operations, maintenance, +rehabilitation, construction or other facilities-related costs for such +assets that are not owned by the Bureau: Provided further, That the +term ``satellite school'' means a school location physically separated +from the existing Bureau school by more than 50 miles but that forms +part of the existing school in all other respects. + Funds made available for Tribal Priority Allocations within +Operation of Indian Programs and Operation of Indian Education Programs +may be used to execute requested adjustments in tribal priority +allocations initiated by an Indian Tribe. + + Departmental Offices + + Office of the Secretary + + departmental operations + + (including transfer of funds) + + For necessary expenses for management of the Department of the +Interior and for grants and cooperative agreements, as authorized by +law, $131,832,000, to remain available until September 30, 2021; of +which no less than $1,000,000 shall be for the hiring of additional +personnel to assist the Department with its compliance responsibilities +under 5 U.S.C. 552; of which not to exceed $15,000 may be for official +reception and representation expenses; and of which up to $1,000,000 +shall be available for workers compensation payments and unemployment +compensation payments associated with the orderly closure of the United +States Bureau of Mines; and of which $10,000,000 for the Appraisal and +Valuation Services Office is to be derived from the Land and Water +Conservation Fund and shall remain available until expended; and of +which $11,061,000 for Indian land, mineral, and resource valuation +activities shall remain available until expended: Provided, That funds +for Indian land, mineral, and resource valuation activities may, as +needed, be transferred to and merged with the Bureau of Indian Affairs +``Operation of Indian Programs'' and Bureau of Indian Education +``Operation of Indian Education Programs'' accounts and the Office of +the Special Trustee for American Indians ``Federal Trust Programs'' +account: Provided further, That funds made available through contracts +or grants obligated during fiscal year 2020, as authorized by the +Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall +remain available until expended by the contractor or grantee. + + administrative provisions + + For fiscal year 2020, up to $400,000 of the payments authorized by +chapter 69 of title 31, United States Code, may be retained for +administrative expenses of the Payments in Lieu of Taxes Program: +Provided, That the amounts provided under this Act specifically for the +Payments in Lieu of Taxes program are the only amounts available for +payments authorized under chapter 69 of title 31, United States Code: +Provided further, That in the event the sums appropriated for any +fiscal year for payments pursuant to this chapter are insufficient to +make the full payments authorized by that chapter to all units of local +government, then the payment to each local government shall be made +proportionally: Provided further, That the Secretary may make +adjustments to payment to individual units of local government to +correct for prior overpayments or underpayments: Provided further, +That no payment shall be made pursuant to that chapter to otherwise +eligible units of local government if the computed amount of the +payment is less than $100. + + Insular Affairs + + assistance to territories + + For expenses necessary for assistance to territories under the +jurisdiction of the Department of the Interior and other jurisdictions +identified in section 104(e) of Public Law 108-188, $102,881,000, of +which: (1) $93,390,000 shall remain available until expended for +territorial assistance, including general technical assistance, +maintenance assistance, disaster assistance, coral reef initiative and +natural resources activities, and brown tree snake control and +research; grants to the judiciary in American Samoa for compensation +and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the +Government of American Samoa, in addition to current local revenues, +for construction and support of governmental functions; grants to the +Government of the Virgin Islands, as authorized by law; grants to the +Government of Guam, as authorized by law; and grants to the Government +of the Northern Mariana Islands, as authorized by law (Public Law 94- +241; 90 Stat. 272); and (2) $9,491,000 shall be available until +September 30, 2021, for salaries and expenses of the Office of Insular +Affairs: Provided, That all financial transactions of the territorial +and local governments herein provided for, including such transactions +of all agencies or instrumentalities established or used by such +governments, may be audited by the Government Accountability Office, at +its discretion, in accordance with chapter 35 of title 31, United +States Code: Provided further, That Northern Mariana Islands Covenant +grant funding shall be provided according to those terms of the +Agreement of the Special Representatives on Future United States +Financial Assistance for the Northern Mariana Islands approved by +Public Law 104-134: Provided further, That the funds for the program +of operations and maintenance improvement are appropriated to +institutionalize routine operations and maintenance improvement of +capital infrastructure with territorial participation and cost sharing +to be determined by the Secretary based on the grantee's commitment to +timely maintenance of its capital assets: Provided further, That any +appropriation for disaster assistance under this heading in this Act or +previous appropriations Acts may be used as non-Federal matching funds +for the purpose of hazard mitigation grants provided pursuant to +section 404 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5170c). + + compact of free association + + For grants and necessary expenses, $8,463,000, to remain available +until expended, as provided for in sections 221(a)(2) and 233 of the +Compact of Free Association for the Republic of Palau; and section +221(a)(2) of the Compacts of Free Association for the Government of the +Republic of the Marshall Islands and the Federated States of +Micronesia, as authorized by Public Law 99-658 and Public Law 108-188: +Provided, That of the funds appropriated under this heading, $5,000,000 +is for deposit into the Compact Trust Fund of the Republic of the +Marshall Islands as compensation authorized by Public Law 108-188 for +adverse financial and economic impacts. + + Administrative Provisions + + (including transfer of funds) + + At the request of the Governor of Guam, the Secretary may transfer +discretionary funds or mandatory funds provided under section 104(e) of +Public Law 108-188 and Public Law 104-134, that are allocated for Guam, +to the Secretary of Agriculture for the subsidy cost of direct or +guaranteed loans, plus not to exceed three percent of the amount of the +subsidy transferred for the cost of loan administration, for the +purposes authorized by the Rural Electrification Act of 1936 and +section 306(a)(1) of the Consolidated Farm and Rural Development Act +for construction and repair projects in Guam, and such funds shall +remain available until expended: Provided, That such costs, including +the cost of modifying such loans, shall be as defined in section 502 of +the Congressional Budget Act of 1974: Provided further, That such +loans or loan guarantees may be made without regard to the population +of the area, credit elsewhere requirements, and restrictions on the +types of eligible entities under the Rural Electrification Act of 1936 +and section 306(a)(1) of the Consolidated Farm and Rural Development +Act: Provided further, That any funds transferred to the Secretary of +Agriculture shall be in addition to funds otherwise made available to +make or guarantee loans under such authorities. + + Office of the Solicitor + + salaries and expenses + + For necessary expenses of the Office of the Solicitor, $66,816,000. + + Office of Inspector General + + salaries and expenses + + For necessary expenses of the Office of Inspector General, +$55,986,000, to remain available until September 30, 2021. + + Office of the Special Trustee for American Indians + + federal trust programs + + (including transfer and rescission of funds) + + For the operation of trust programs for Indians by direct +expenditure, contracts, cooperative agreements, compacts, and grants, +$111,540,000, to remain available until expended, of which not to +exceed $19,016,000 from this or any other Act, may be available for +historical accounting: Provided, That funds for trust management +improvements and litigation support may, as needed, be transferred to +or merged with the Bureau of Indian Affairs, ``Operation of Indian +Programs'' and Bureau of Indian Education, ``Operation of Indian +Education Programs'' accounts; the Office of the Solicitor, ``Salaries +and Expenses'' account; and the Office of the Secretary, ``Departmental +Operations'' account: Provided further, That funds made available +through contracts or grants obligated during fiscal year 2020, as +authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 +et seq.), shall remain available until expended by the contractor or +grantee: Provided further, That notwithstanding any other provision of +law, the Secretary shall not be required to provide a quarterly +statement of performance for any Indian trust account that has not had +activity for at least 15 months and has a balance of $15 or less: +Provided further, That the Secretary shall issue an annual account +statement and maintain a record of any such accounts and shall permit +the balance in each such account to be withdrawn upon the express +written request of the account holder: Provided further, That not to +exceed $50,000 is available for the Secretary to make payments to +correct administrative errors of either disbursements from or deposits +to Individual Indian Money or Tribal accounts after September 30, 2002: + Provided further, That erroneous payments that are recovered shall be +credited to and remain available in this account for this purpose: +Provided further, That the Secretary shall not be required to reconcile +Special Deposit Accounts with a balance of less than $500 unless the +Office of the Special Trustee receives proof of ownership from a +Special Deposit Accounts claimant: Provided further, That +notwithstanding section 102 of the American Indian Trust Fund +Management Reform Act of 1994 (Public Law 103-412) or any other +provision of law, the Secretary may aggregate the trust accounts of +individuals whose whereabouts are unknown for a continuous period of at +least five years and shall not be required to generate periodic +statements of performance for the individual accounts: Provided +further, That with respect to the eighth proviso, the Secretary shall +continue to maintain sufficient records to determine the balance of the +individual accounts, including any accrued interest and income, and +such funds shall remain available to the individual account holders. + Of the unobligated balances from amounts made available for the +Office of the Special Trustee for American Indians, $3,000,000 is +permanently rescinded: Provided, That no amounts may be rescinded from +amounts that were designated by the Congress as an emergency +requirement pursuant to the Concurrent Resolution on the Budget or the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Department-Wide Programs + + wildland fire management + + (including transfers of funds) + + For necessary expenses for fire preparedness, fire suppression +operations, fire science and research, emergency rehabilitation, fuels +management activities, and rural fire assistance by the Department of +the Interior, $952,338,000, to remain available until expended, of +which not to exceed $18,427,000 shall be for the renovation or +construction of fire facilities: Provided, That such funds are also +available for repayment of advances to other appropriation accounts +from which funds were previously transferred for such purposes: +Provided further, That of the funds provided $194,000,000 is for fuels +management activities: Provided further, That of the funds provided +$20,470,000 is for burned area rehabilitation: Provided further, That +persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence +and lodging without cost from funds available from this appropriation: +Provided further, That notwithstanding 42 U.S.C. 1856d, sums received +by a bureau or office of the Department of the Interior for fire +protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of +United States property, may be credited to the appropriation from which +funds were expended to provide that protection, and are available +without fiscal year limitation: Provided further, That using the +amounts designated under this title of this Act, the Secretary of the +Interior may enter into procurement contracts, grants, or cooperative +agreements, for fuels management activities, and for training and +monitoring associated with such fuels management activities on Federal +land, or on adjacent non-Federal land for activities that benefit +resources on Federal land: Provided further, That the costs of +implementing any cooperative agreement between the Federal Government +and any non-Federal entity may be shared, as mutually agreed on by the +affected parties: Provided further, That notwithstanding requirements +of the Competition in Contracting Act, the Secretary, for purposes of +fuels management activities, may obtain maximum practicable competition +among: (1) local private, nonprofit, or cooperative entities; (2) Youth +Conservation Corps crews, Public Lands Corps (Public Law 109-154), or +related partnerships with State, local, or nonprofit youth groups; (3) +small or micro-businesses; or (4) other entities that will hire or +train locally a significant percentage, defined as 50 percent or more, +of the project workforce to complete such contracts: Provided further, +That in implementing this section, the Secretary shall develop written +guidance to field units to ensure accountability and consistent +application of the authorities provided herein: Provided further, That +funds appropriated under this heading may be used to reimburse the +United States Fish and Wildlife Service and the National Marine +Fisheries Service for the costs of carrying out their responsibilities +under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to +consult and conference, as required by section 7 of such Act, in +connection with wildland fire management activities: Provided further, +That the Secretary of the Interior may use wildland fire appropriations +to enter into leases of real property with local governments, at or +below fair market value, to construct capitalized improvements for fire +facilities on such leased properties, including but not limited to fire +guard stations, retardant stations, and other initial attack and fire +support facilities, and to make advance payments for any such lease or +for construction activity associated with the lease: Provided further, +That the Secretary of the Interior and the Secretary of Agriculture may +authorize the transfer of funds appropriated for wildland fire +management, in an aggregate amount not to exceed $50,000,000 between +the Departments when such transfers would facilitate and expedite +wildland fire management programs and projects: Provided further, That +funds provided for wildfire suppression shall be available for support +of Federal emergency response actions: Provided further, That funds +appropriated under this heading shall be available for assistance to or +through the Department of State in connection with forest and rangeland +research, technical information, and assistance in foreign countries, +and, with the concurrence of the Secretary of State, shall be available +to support forestry, wildland fire management, and related natural +resource activities outside the United States and its territories and +possessions, including technical assistance, education and training, +and cooperation with United States and international organizations: +Provided further, That of the funds provided under this heading +$383,657,000 is provided to meet the terms of section +251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit +Control Act of 1985, as amended. + + wildfire suppression operations reserve fund + + (including transfers of funds) + + In addition to the amounts provided under the heading ``Department +of the Interior--Department-Wide Programs--Wildland Fire Management'' +for wildfire suppression operations, $300,000,000, to remain available +until transferred, is additional new budget authority as specified for +purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency +Deficit Control Act of 1985: Provided, That such amounts may be +transferred to and merged with amounts made available under the +headings ``Department of Agriculture--Forest Service--Wildland Fire +Management'' and ``Department of the Interior--Department-Wide +Programs--Wildland Fire Management'' for wildfire suppression +operations in the fiscal year in which such amounts are transferred: +Provided further, That amounts may be transferred to the ``Wildland +Fire Management'' accounts in the Department of Agriculture or the +Department of the Interior only upon the notification of the House and +Senate Committees on Appropriations that all wildfire suppression +operations funds appropriated under that heading in this and prior +appropriations Acts to the agency to which the funds will be +transferred will be obligated within 30 days: Provided further, That +the transfer authority provided under this heading is in addition to +any other transfer authority provided by law. + + central hazardous materials fund + + For necessary expenses of the Department of the Interior and any of +its component offices and bureaus for the response action, including +associated activities, performed pursuant to the Comprehensive +Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 +et seq.), $10,010,000, to remain available until expended. + For an additional amount for a competitive grant program to fund +radium decontamination and remediation at any land-grant university +that has been subjected to such contamination as a result of actions of +the former United States Bureau of Mines, $12,000,000. + + Natural Resource Damage Assessment and Restoration + + natural resource damage assessment fund + + To conduct natural resource damage assessment, restoration +activities, and onshore oil spill preparedness by the Department of the +Interior necessary to carry out the provisions of the Comprehensive +Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 +et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et +seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 +U.S.C. 100721 et seq., $7,767,000, to remain available until expended. + + working capital fund + + For the operation and maintenance of a departmental financial and +business management system, information technology improvements of +general benefit to the Department, cybersecurity, and the consolidation +of facilities and operations throughout the Department, $55,735,000, to +remain available until expended: Provided, That none of the funds +appropriated in this Act or any other Act may be used to establish +reserves in the Working Capital Fund account other than for accrued +annual leave and depreciation of equipment without prior approval of +the Committees on Appropriations of the House of Representatives and +the Senate: Provided further, That the Secretary may assess reasonable +charges to State, local and tribal government employees for training +services provided by the National Indian Program Training Center, other +than training related to Public Law 93-638: Provided further, That the +Secretary may lease or otherwise provide space and related facilities, +equipment or professional services of the National Indian Program +Training Center to State, local and tribal government employees or +persons or organizations engaged in cultural, educational, or +recreational activities (as defined in section 3306(a) of title 40, +United States Code) at the prevailing rate for similar space, +facilities, equipment, or services in the vicinity of the National +Indian Program Training Center: Provided further, That all funds +received pursuant to the two preceding provisos shall be credited to +this account, shall be available until expended, and shall be used by +the Secretary for necessary expenses of the National Indian Program +Training Center: Provided further, That the Secretary may enter into +grants and cooperative agreements to support the Office of Natural +Resource Revenue's collection and disbursement of royalties, fees, and +other mineral revenue proceeds, as authorized by law. + + administrative provision + + There is hereby authorized for acquisition from available resources +within the Working Capital Fund, aircraft which may be obtained by +donation, purchase or through available excess surplus property: +Provided, That existing aircraft being replaced may be sold, with +proceeds derived or trade-in value used to offset the purchase price +for the replacement aircraft. + + office of natural resources revenue + + For necessary expenses for management of the collection and +disbursement of royalties, fees, and other mineral revenue proceeds, +and for grants and cooperative agreements, as authorized by law, +$147,330,000, to remain available until September 30, 2021; of which +$50,651,000 shall remain available until expended for the purpose of +mineral revenue management activities: Provided, That notwithstanding +any other provision of law, $15,000 shall be available for refunds of +overpayments in connection with certain Indian leases in which the +Secretary concurred with the claimed refund due, to pay amounts owed to +Indian allottees or tribes, or to correct prior unrecoverable erroneous +payments. + + General Provisions, Department of the Interior + + (including transfers of funds) + + emergency transfer authority--intra-bureau + + Sec. 101. Appropriations made in this title shall be available for +expenditure or transfer (within each bureau or office), with the +approval of the Secretary, for the emergency reconstruction, +replacement, or repair of aircraft, buildings, utilities, or other +facilities or equipment damaged or destroyed by fire, flood, storm, or +other unavoidable causes: Provided, That no funds shall be made +available under this authority until funds specifically made available +to the Department of the Interior for emergencies shall have been +exhausted: Provided further, That all funds used pursuant to this +section must be replenished by a supplemental appropriation, which must +be requested as promptly as possible. + + emergency transfer authority--department-wide + + Sec. 102. The Secretary may authorize the expenditure or transfer +of any no year appropriation in this title, in addition to the amounts +included in the budget programs of the several agencies, for the +suppression or emergency prevention of wildland fires on or threatening +lands under the jurisdiction of the Department of the Interior; for the +emergency rehabilitation of burned-over lands under its jurisdiction; +for emergency actions related to potential or actual earthquakes, +floods, volcanoes, storms, or other unavoidable causes; for contingency +planning subsequent to actual oil spills; for response and natural +resource damage assessment activities related to actual oil spills or +releases of hazardous substances into the environment; for the +prevention, suppression, and control of actual or potential grasshopper +and Mormon cricket outbreaks on lands under the jurisdiction of the +Secretary, pursuant to the authority in section 417(b) of Public Law +106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under +section 410 of Public Law 95-87; and shall transfer, from any no year +funds available to the Office of Surface Mining Reclamation and +Enforcement, such funds as may be necessary to permit assumption of +regulatory authority in the event a primacy State is not carrying out +the regulatory provisions of the Surface Mining Act: Provided, That +appropriations made in this title for wildland fire operations shall be +available for the payment of obligations incurred during the preceding +fiscal year, and for reimbursement to other Federal agencies for +destruction of vehicles, aircraft, or other equipment in connection +with their use for wildland fire operations, with such reimbursement to +be credited to appropriations currently available at the time of +receipt thereof: Provided further, That for wildland fire operations, +no funds shall be made available under this authority until the +Secretary determines that funds appropriated for ``wildland fire +suppression'' shall be exhausted within 30 days: Provided further, +That all funds used pursuant to this section must be replenished by a +supplemental appropriation, which must be requested as promptly as +possible: Provided further, That such replenishment funds shall be +used to reimburse, on a pro rata basis, accounts from which emergency +funds were transferred. + + authorized use of funds + + Sec. 103. Appropriations made to the Department of the Interior in +this title shall be available for services as authorized by section +3109 of title 5, United States Code, when authorized by the Secretary, +in total amount not to exceed $500,000; purchase and replacement of +motor vehicles, including specially equipped law enforcement vehicles; +hire, maintenance, and operation of aircraft; hire of passenger motor +vehicles; purchase of reprints; payment for telephone service in +private residences in the field, when authorized under regulations +approved by the Secretary; and the payment of dues, when authorized by +the Secretary, for library membership in societies or associations +which issue publications to members only or at a price to members lower +than to subscribers who are not members. + + authorized use of funds, indian trust management + + Sec. 104. Appropriations made in this Act under the headings +Bureau of Indian Affairs and Bureau of Indian Education, and Office of +the Special Trustee for American Indians and any unobligated balances +from prior appropriations Acts made under the same headings shall be +available for expenditure or transfer for Indian trust management and +reform activities. Total funding for historical accounting activities +shall not exceed amounts specifically designated in this Act for such +purpose. The Secretary shall notify the House and Senate Committees on +Appropriations within 60 days of the expenditure or transfer of any +funds under this section, including the amount expended or transferred +and how the funds will be used. + + redistribution of funds, bureau of indian affairs + + Sec. 105. Notwithstanding any other provision of law, the +Secretary of the Interior is authorized to redistribute any Tribal +Priority Allocation funds, including tribal base funds, to alleviate +tribal funding inequities by transferring funds to address identified, +unmet needs, dual enrollment, overlapping service areas or inaccurate +distribution methodologies. No tribe shall receive a reduction in +Tribal Priority Allocation funds of more than 10 percent in fiscal year +2020. Under circumstances of dual enrollment, overlapping service areas +or inaccurate distribution methodologies, the 10 percent limitation +does not apply. + + ellis, governors, and liberty islands + + Sec. 106. Notwithstanding any other provision of law, the +Secretary of the Interior is authorized to acquire lands, waters, or +interests therein including the use of all or part of any pier, dock, +or landing within the State of New York and the State of New Jersey, +for the purpose of operating and maintaining facilities in the support +of transportation and accommodation of visitors to Ellis, Governors, +and Liberty Islands, and of other program and administrative +activities, by donation or with appropriated funds, including franchise +fees (and other monetary consideration), or by exchange; and the +Secretary is authorized to negotiate and enter into leases, subleases, +concession contracts or other agreements for the use of such facilities +on such terms and conditions as the Secretary may determine reasonable. + + outer continental shelf inspection fees + + Sec. 107. (a) In fiscal year 2020, the Secretary shall collect a +nonrefundable inspection fee, which shall be deposited in the +``Offshore Safety and Environmental Enforcement'' account, from the +designated operator for facilities subject to inspection under 43 +U.S.C. 1348(c). + (b) Annual fees shall be collected for facilities that are above +the waterline, excluding drilling rigs, and are in place at the start +of the fiscal year. Fees for fiscal year 2020 shall be-- + (1) $10,500 for facilities with no wells, but with processing + equipment or gathering lines; + (2) $17,000 for facilities with 1 to 10 wells, with any + combination of active or inactive wells; and + (3) $31,500 for facilities with more than 10 wells, with any + combination of active or inactive wells. + (c) Fees for drilling rigs shall be assessed for all inspections +completed in fiscal year 2020. Fees for fiscal year 2020 shall be-- + (1) $30,500 per inspection for rigs operating in water depths + of 500 feet or more; and + (2) $16,700 per inspection for rigs operating in water depths + of less than 500 feet. + (d) Fees for inspection of well operations conducted via non-rig +units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be +assessed for all inspections completed in fiscal year 2020. Fees for +fiscal year 2020 shall be-- + (1) $13,260 per inspection for non-rig units operating in water + depths of 2,500 feet or more; + (2) $11,530 per inspection for non-rig units operating in water + depths between 500 and 2,499 feet; and + (3) $4,470 per inspection for non-rig units operating in water + depths of less than 500 feet. + (e) The Secretary shall bill designated operators under subsection +(b) quarterly, with payment required within 30 days of billing. The +Secretary shall bill designated operators under subsection (c) within +30 days of the end of the month in which the inspection occurred, with +payment required within 30 days of billing. The Secretary shall bill +designated operators under subsection (d) with payment required by the +end of the following quarter. + + contracts and agreements for wild horse and burro holding facilities + + Sec. 108. Notwithstanding any other provision of this Act, the +Secretary of the Interior may enter into multiyear cooperative +agreements with nonprofit organizations and other appropriate entities, +and may enter into multiyear contracts in accordance with the +provisions of section 3903 of title 41, United States Code (except that +the 5-year term restriction in subsection (a) shall not apply), for the +long-term care and maintenance of excess wild free roaming horses and +burros by such organizations or entities on private land. Such +cooperative agreements and contracts may not exceed 10 years, subject +to renewal at the discretion of the Secretary. + + mass marking of salmonids + + Sec. 109. The United States Fish and Wildlife Service shall, in +carrying out its responsibilities to protect threatened and endangered +species of salmon, implement a system of mass marking of salmonid +stocks, intended for harvest, that are released from federally operated +or federally financed hatcheries including but not limited to fish +releases of coho, chinook, and steelhead species. Marked fish must have +a visible mark that can be readily identified by commercial and +recreational fishers. + + contracts and agreements with indian affairs + + Sec. 110. Notwithstanding any other provision of law, during +fiscal year 2020, in carrying out work involving cooperation with +State, local, and tribal governments or any political subdivision +thereof, Indian Affairs may record obligations against accounts +receivable from any such entities, except that total obligations at the +end of the fiscal year shall not exceed total budgetary resources +available at the end of the fiscal year. + + department of the interior experienced services program + + Sec. 111. (a) Notwithstanding any other provision of law relating +to Federal grants and cooperative agreements, the Secretary of the +Interior is authorized to make grants to, or enter into cooperative +agreements with, private nonprofit organizations designated by the +Secretary of Labor under title V of the Older Americans Act of 1965 to +utilize the talents of older Americans in programs authorized by other +provisions of law administered by the Secretary and consistent with +such provisions of law. + (b) Prior to awarding any grant or agreement under subsection (a), +the Secretary shall ensure that the agreement would not-- + (1) result in the displacement of individuals currently + employed by the Department, including partial displacement through + reduction of non-overtime hours, wages, or employment benefits; + (2) result in the use of an individual under the Department of + the Interior Experienced Services Program for a job or function in + a case in which a Federal employee is in a layoff status from the + same or substantially equivalent job within the Department; or + (3) affect existing contracts for services. + + obligation of funds + + Sec. 112. Amounts appropriated by this Act to the Department of +the Interior shall be available for obligation and expenditure not +later than 60 days after the date of enactment of this Act. + + extension of authorities + + Sec. 113. (a) Section 512 of title V of division J of Public Law +108-447 is amended by striking ``on the date that is 15 years after the +date that funds are first made available for this title.'' and +inserting ``after September 30, 2022.''. + (b) Section 608 of title VI of division J of Public Law 108-447 is +amended by striking ``the expiration of the 15-year period beginning on +the date that funds are first made available for this title.'' and +inserting ``September 30, 2022.''. + (c) Section 109 of title I of Public Law 103-449, as amended by +Public Law 111-11, title VIII section 8201(c), is further amended by +striking ``$15,000,000'' and inserting ``$17,000,000''. + (d) Section 608(a) of division II of Public Law 104-333, as amended +by Public Law 110-229 section 461, is further amended by striking +``$15,000,000'' and inserting ``$17,000,000''. + (e) Section 810(a)(1) of title VIII of division B of appendix D of +Public Law 106-554, as amended by Public Law 115-31, division G, title +I section 115(b), is further amended by striking ``$12,000,000'' and +inserting ``$14,000,000''. + + separation of accounts + + Sec. 114. The Secretary of the Interior, in order to implement an +orderly transition to separate accounts of the Bureau of Indian Affairs +and the Bureau of Indian Education, may transfer funds among and +between the successor offices and bureaus affected by the +reorganization only in conformance with the reprogramming guidelines +described in this Act. + + payments in lieu of taxes (pilt) + + Sec. 115. Section 6906 of title 31, United States Code, shall be +applied by substituting ``fiscal year 2020'' for ``fiscal year 2019''. + + sage-grouse + + Sec. 116. None of the funds made available by this or any other +Act may be used by the Secretary of the Interior to write or issue +pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. +1533)-- + (1) a proposed rule for greater sage-grouse (Centrocercus + urophasianus); + (2) a proposed rule for the Columbia basin distinct population + segment of greater sage-grouse. + + disclosure of departure or alternate procedure approval + + Sec. 117. (a) Subject to subsection (b), beginning no later than +180 days after the enactment of this Act, in any case in which the +Bureau of Safety and Environmental Enforcement or the Bureau of Ocean +Energy Management prescribes or approves any departure or use of +alternate procedure or equipment, in regards to a plan or permit, under +30 C.F.R. Sec. 585.103, 30 C.F.R. Sec. 550.141; 30 C.F.R. +Sec. 550.142; 30 C.F.R. Sec. 250.141, or 30 C.F.R. Sec. 250.142, the +head of such bureau shall post a description of such departure or +alternate procedure or equipment use approval on such bureau's publicly +available website not more than 15 business days after such issuance. + (b) The head of each bureau may exclude confidential business +information. + + TITLE II + + ENVIRONMENTAL PROTECTION AGENCY + + Science and Technology + + For science and technology, including research and development +activities, which shall include research and development activities +under the Comprehensive Environmental Response, Compensation, and +Liability Act of 1980; necessary expenses for personnel and related +costs and travel expenses; procurement of laboratory equipment and +supplies; and other operating expenses in support of research and +development, $716,449,000, to remain available until September 30, +2021: Provided, That of the funds included under this heading, +$6,000,000 shall be for Research: National Priorities as specified in +the explanatory statement described in section 4 (in the matter +preceding division A of this consolidated Act). + + Environmental Programs and Management + + For environmental programs and management, including necessary +expenses, not otherwise provided for, for personnel and related costs +and travel expenses; hire of passenger motor vehicles; hire, +maintenance, and operation of aircraft; purchase of reprints; library +memberships in societies or associations which issue publications to +members only or at a price to members lower than to subscribers who are +not members; administrative costs of the brownfields program under the +Small Business Liability Relief and Brownfields Revitalization Act of +2002; implementation of a coal combustion residual permit program under +section 2301 of the Water and Waste Act of 2016; and not to exceed +$31,000 for official reception and representation expenses, +$2,663,356,000, to remain available until September 30, 2021: +Provided, That of the funds included under this heading, $17,700,000 +shall be for Environmental Protection: National Priorities as specified +in the explanatory statement described in section 4 (in the matter +preceding division A of this consolidated Act): Provided further, That +of the funds included under this heading, $510,276,000 shall be for +Geographic Programs specified in the explanatory statement described in +section 4 (in the matter preceding division A of this consolidated +Act). + In addition, $5,000,000 to remain available until expended, for +necessary expenses of activities described in section 26(b)(1) of the +Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That +fees collected pursuant to that section of that Act and deposited in +the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in +fiscal year 2020 shall be retained and used for necessary salaries and +expenses in this appropriation and shall remain available until +expended: Provided further, That the sum herein appropriated in this +paragraph from the general fund for fiscal year 2020 shall be reduced +by the amount of discretionary offsetting receipts received during +fiscal year 2020, so as to result in a final fiscal year 2020 +appropriation from the general fund estimated at not more than $0: +Provided further, That to the extent that amounts realized from such +receipts exceed $5,000,000, those amount in excess of $5,000,000 shall +be deposited in the ``TSCA Service Fee Fund'' as discretionary +offsetting receipts in fiscal year 2020, shall be retained and used for +necessary salaries and expenses in this account, and shall remain +available until expended: Provided further, That of the funds included +in the first paragraph under this heading, the Chemical Risk Review and +Reduction program project shall be allocated for this fiscal year, +excluding the amount of any fees appropriated, not less than the amount +of appropriations for that program project for fiscal year 2014. + + Hazardous Waste Electronic Manifest System Fund + + For necessary expenses to carry out section 3024 of the Solid Waste +Disposal Act (42 U.S.C. 6939g), including the development, operation, +maintenance, and upgrading of the hazardous waste electronic manifest +system established by such section, $8,000,000, to remain available +until expended: Provided, That the sum herein appropriated from the +general fund shall be reduced as offsetting collections under such +section 3024 are received during fiscal year 2020, which shall remain +available until expended and be used for necessary expenses in this +appropriation, so as to result in a final fiscal year 2020 +appropriation from the general fund estimated at not more than $0: +Provided further, That to the extent such offsetting collections +received in fiscal year 2020 exceed $8,000,000, those excess amounts +shall remain available until expended and be used for necessary +expenses in this appropriation. + + Office of Inspector General + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$41,489,000, to remain available until September 30, 2021. + + Buildings and Facilities + + For construction, repair, improvement, extension, alteration, and +purchase of fixed equipment or facilities of, or for use by, the +Environmental Protection Agency, $33,598,000, to remain available until +expended. + + Hazardous Substance Superfund + + (including transfers of funds) + + For necessary expenses to carry out the Comprehensive Environmental +Response, Compensation, and Liability Act of 1980 (CERCLA), including +sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and +hire, maintenance, and operation of aircraft, $1,184,755,000, to remain +available until expended, consisting of such sums as are available in +the Trust Fund on September 30, 2019, as authorized by section 517(a) +of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and +up to $1,184,755,000 as a payment from general revenues to the +Hazardous Substance Superfund for purposes as authorized by section +517(b) of SARA: Provided, That funds appropriated under this heading +may be allocated to other Federal agencies in accordance with section +111(a) of CERCLA: Provided further, That of the funds appropriated +under this heading, $11,586,000 shall be paid to the ``Office of +Inspector General'' appropriation to remain available until September +30, 2021, and $30,747,000 shall be paid to the ``Science and +Technology'' appropriation to remain available until September 30, +2021. + + Leaking Underground Storage Tank Trust Fund Program + + For necessary expenses to carry out leaking underground storage +tank cleanup activities authorized by subtitle I of the Solid Waste +Disposal Act, $91,941,000, to remain available until expended, of which +$66,572,000 shall be for carrying out leaking underground storage tank +cleanup activities authorized by section 9003(h) of the Solid Waste +Disposal Act; $25,369,000 shall be for carrying out the other +provisions of the Solid Waste Disposal Act specified in section 9508(c) +of the Internal Revenue Code: Provided, That the Administrator is +authorized to use appropriations made available under this heading to +implement section 9013 of the Solid Waste Disposal Act to provide +financial assistance to federally recognized Indian tribes for the +development and implementation of programs to manage underground +storage tanks. + + Inland Oil Spill Programs + + For expenses necessary to carry out the Environmental Protection +Agency's responsibilities under the Oil Pollution Act of 1990, +including hire, maintenance, and operation of aircraft, $19,581,000, to +be derived from the Oil Spill Liability trust fund, to remain available +until expended. + + State and Tribal Assistance Grants + + For environmental programs and infrastructure assistance, including +capitalization grants for State revolving funds and performance +partnership grants, $4,246,232,000, to remain available until expended, +of which-- + (1) $1,638,826,000 shall be for making capitalization grants + for the Clean Water State Revolving Funds under title VI of the + Federal Water Pollution Control Act; and of which $1,126,088,000 + shall be for making capitalization grants for the Drinking Water + State Revolving Funds under section 1452 of the Safe Drinking Water + Act: Provided, That for fiscal year 2020, to the extent there are + sufficient eligible project applications and projects are + consistent with State Intended Use Plans, not less than 10 percent + of the funds made available under this title to each State for + Clean Water State Revolving Fund capitalization grants shall be + used by the State for projects to address green infrastructure, + water or energy efficiency improvements, or other environmentally + innovative activities: Provided further, That for fiscal year + 2020, funds made available under this title to each State for + Drinking Water State Revolving Fund capitalization grants may, at + the discretion of each State, be used for projects to address green + infrastructure, water or energy efficiency improvements, or other + environmentally innovative activities: Provided further, That + notwithstanding section 603(d)(7) of the Federal Water Pollution + Control Act, the limitation on the amounts in a State water + pollution control revolving fund that may be used by a State to + administer the fund shall not apply to amounts included as + principal in loans made by such fund in fiscal year 2020 and prior + years where such amounts represent costs of administering the fund + to the extent that such amounts are or were deemed reasonable by + the Administrator, accounted for separately from other assets in + the fund, and used for eligible purposes of the fund, including + administration: Provided further, That for fiscal year 2020, + notwithstanding the provisions of subsections (g)(1), (h), and (l) + of section 201 of the Federal Water Pollution Control Act, grants + made under title II of such Act for American Samoa, Guam, the + commonwealth of the Northern Marianas, the United States Virgin + Islands, and the District of Columbia may also be made for the + purpose of providing assistance: (1) solely for facility plans, + design activities, or plans, specifications, and estimates for any + proposed project for the construction of treatment works; and (2) + for the construction, repair, or replacement of privately owned + treatment works serving one or more principal residences or small + commercial establishments: Provided further, That for fiscal year + 2020, notwithstanding the provisions of such subsections (g)(1), + (h), and (l) of section 201 and section 518(c) of the Federal Water + Pollution Control Act, funds reserved by the Administrator for + grants under section 518(c) of the Federal Water Pollution Control + Act may also be used to provide assistance: (1) solely for facility + plans, design activities, or plans, specifications, and estimates + for any proposed project for the construction of treatment works; + and (2) for the construction, repair, or replacement of privately + owned treatment works serving one or more principal residences or + small commercial establishments: Provided further, That for fiscal + year 2020, notwithstanding any provision of the Federal Water + Pollution Control Act and regulations issued pursuant thereof, up + to a total of $2,000,000 of the funds reserved by the Administrator + for grants under section 518(c) of such Act may also be used for + grants for training, technical assistance, and educational programs + relating to the operation and management of the treatment works + specified in section 518(c) of such Act: Provided further, That + for fiscal year 2020, funds reserved under section 518(c) of such + Act shall be available for grants only to Indian tribes, as defined + in section 518(h) of such Act and former Indian reservations in + Oklahoma (as determined by the Secretary of the Interior) and + Native Villages as defined in Public Law 92-203: Provided further, + That for fiscal year 2020, notwithstanding the limitation on + amounts in section 518(c) of the Federal Water Pollution Control + Act, up to a total of 2 percent of the funds appropriated, or + $30,000,000, whichever is greater, and notwithstanding the + limitation on amounts in section 1452(i) of the Safe Drinking Water + Act, up to a total of 2 percent of the funds appropriated, or + $20,000,000, whichever is greater, for State Revolving Funds under + such Acts may be reserved by the Administrator for grants under + section 518(c) and section 1452(i) of such Acts: Provided further, + That for fiscal year 2020, notwithstanding the amounts specified in + section 205(c) of the Federal Water Pollution Control Act, up to + 1.5 percent of the aggregate funds appropriated for the Clean Water + State Revolving Fund program under the Act less any sums reserved + under section 518(c) of the Act, may be reserved by the + Administrator for grants made under title II of the Federal Water + Pollution Control Act for American Samoa, Guam, the Commonwealth of + the Northern Marianas, and United States Virgin Islands: Provided + further, That for fiscal year 2020, notwithstanding the limitations + on amounts specified in section 1452(j) of the Safe Drinking Water + Act, up to 1.5 percent of the funds appropriated for the Drinking + Water State Revolving Fund programs under the Safe Drinking Water + Act may be reserved by the Administrator for grants made under + section 1452(j) of the Safe Drinking Water Act: Provided further, + That 10 percent of the funds made available under this title to + each State for Clean Water State Revolving Fund capitalization + grants and 14 percent of the funds made available under this title + to each State for Drinking Water State Revolving Fund + capitalization grants shall be used by the State to provide + additional subsidy to eligible recipients in the form of + forgiveness of principal, negative interest loans, or grants (or + any combination of these), and shall be so used by the State only + where such funds are provided as initial financing for an eligible + recipient or to buy, refinance, or restructure the debt obligations + of eligible recipients only where such debt was incurred on or + after the date of enactment of this Act, or where such debt was + incurred prior to the date of enactment of this Act if the State, + with concurrence from the Administrator, determines that such funds + could be used to help address a threat to public health from + heightened exposure to lead in drinking water or if a Federal or + State emergency declaration has been issued due to a threat to + public health from heightened exposure to lead in a municipal + drinking water supply before the date of enactment of this Act: + Provided further, That in a State in which such an emergency + declaration has been issued, the State may use more than 14 percent + of the funds made available under this title to the State for + Drinking Water State Revolving Fund capitalization grants to + provide additional subsidy to eligible recipients; + (2) $25,000,000 shall be for architectural, engineering, + planning, design, construction and related activities in connection + with the construction of high priority water and wastewater + facilities in the area of the United States-Mexico Border, after + consultation with the appropriate border commission: Provided, + That no funds provided by this appropriations Act to address the + water, wastewater and other critical infrastructure needs of the + colonias in the United States along the United States-Mexico border + shall be made available to a county or municipal government unless + that government has established an enforceable local ordinance, or + other zoning rule, which prevents in that jurisdiction the + development or construction of any additional colonia areas, or the + development within an existing colonia the construction of any new + home, business, or other structure which lacks water, wastewater, + or other necessary infrastructure; + (3) $29,186,000 shall be for grants to the State of Alaska to + address drinking water and wastewater infrastructure needs of rural + and Alaska Native Villages: Provided, That of these funds: (A) the + State of Alaska shall provide a match of 25 percent; (B) no more + than 5 percent of the funds may be used for administrative and + overhead expenses; and (C) the State of Alaska shall make awards + consistent with the Statewide priority list established in + conjunction with the Agency and the U.S. Department of Agriculture + for all water, sewer, waste disposal, and similar projects carried + out by the State of Alaska that are funded under section 221 of the + Federal Water Pollution Control Act (33 U.S.C. 1301) or the + Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) + which shall allocate not less than 25 percent of the funds provided + for projects in regional hub communities; + (4) $89,000,000 shall be to carry out section 104(k) of the + Comprehensive Environmental Response, Compensation, and Liability + Act of 1980 (CERCLA), including grants, interagency agreements, and + associated program support costs: Provided, That at least 10 + percent shall be allocated for assistance in persistent poverty + counties: Provided further, That for purposes of this section, the + term ``persistent poverty counties'' means any county that has had + 20 percent or more of its population living in poverty over the + past 30 years, as measured by the 1990 and 2000 decennial censuses + and the most recent Small Area Income and Poverty Estimates, or any + territory or possession of the United States; + (5) $87,000,000 shall be for grants under title VII, subtitle G + of the Energy Policy Act of 2005; + (6) $56,306,000 shall be for targeted airshed grants in + accordance with the terms and conditions in the explanatory + statement described in section 4 (in the matter preceding division + A of this consolidated Act); + (7) $4,000,000 shall be to carry out the water quality program + authorized in section 5004(d) of the Water Infrastructure + Improvements for the Nation Act (Public Law 114-322); + (8) $25,408,000 shall be for grants under subsections (a) + through (j) of section 1459A of the Safe Drinking Water Act (42 + U.S.C. 300j-19a); + (9) $26,000,000 shall be for grants under section 1464(d) of + the Safe Drinking Water Act (42 U.S.C. 300j-24(d)); + (10) $19,511,000 shall be for grants under section 1459B of the + Safe Drinking Water Act (42 U.S.C. 300j-19b); + (11) $3,000,000 shall be for grants under section 1459A(l) of + the Safe Drinking Water Act (42 U.S.C. 300j-19a(l)); + (12) $12,000,000 shall be for grants under section 104(b)(8) of + the Federal Water Pollution Control Act (33 U.S.C. 1254(b)(8)); + (13) $28,000,000 shall be for grants under section 221 of the + Federal Water Pollution Control Act (33 U.S.C. 1301); + (14) $1,000,000 shall be for grants under section 4304(b) of + the America's Water Infrastructure Act of 2018 (Public Law 115- + 270); and + (15) $1,075,907,000 shall be for grants, including associated + program support costs, to States, federally recognized tribes, + interstate agencies, tribal consortia, and air pollution control + agencies for multi-media or single media pollution prevention, + control and abatement and related activities, including activities + pursuant to the provisions set forth under this heading in Public + Law 104-134, and for making grants under section 103 of the Clean + Air Act for particulate matter monitoring and data collection + activities subject to terms and conditions specified by the + Administrator, of which: $46,190,000 shall be for carrying out + section 128 of CERCLA; $9,332,000 shall be for Environmental + Information Exchange Network grants, including associated program + support costs; $1,449,000 shall be for grants to States under + section 2007(f)(2) of the Solid Waste Disposal Act, which shall be + in addition to funds appropriated under the heading ``Leaking + Underground Storage Tank Trust Fund Program'' to carry out the + provisions of the Solid Waste Disposal Act specified in section + 9508(c) of the Internal Revenue Code other than section 9003(h) of + the Solid Waste Disposal Act; $17,848,000 of the funds available + for grants under section 106 of the Federal Water Pollution Control + Act shall be for State participation in national- and State-level + statistical surveys of water resources and enhancements to State + monitoring programs; $13,000,000 shall be for multipurpose grants, + including interagency agreements. + + Water Infrastructure Finance and Innovation Program Account + + For the cost of direct loans and for the cost of guaranteed loans, +as authorized by the Water Infrastructure Finance and Innovation Act of +2014, $55,000,000, to remain available until expended: Provided, That +such costs, including the cost of modifying such loans, shall be as +defined in section 502 of the Congressional Budget Act of 1974: +Provided further, That these funds are available to subsidize gross +obligations for the principal amount of direct loans, including +capitalized interest, and total loan principal, including capitalized +interest, any part of which is to be guaranteed, not to exceed +$11,500,000,000: Provided further, That of the funds made available +under this heading, $5,000,000 shall be used solely for the cost of +direct loans and for the cost of guaranteed loans for projects +described in section 5026(9) of the Water Infrastructure Finance and +Innovation Act of 2014 to State infrastructure financing authorities, +as authorized by section 5033(e) of such Act: Provided further, That +the Administrator, together with the Director of the Office of +Management and Budget and the Secretary of the Treasury, shall jointly +develop criteria for project eligibility for direct loans and loan +guarantees authorized by the Water Infrastructure Finance and +Innovation Act of 2014 that limit Federal participation in a project +consistent with the requirements for the budgetary treatment provided +for in section 504 of the Federal Credit Reform Act of 1990 and based +on the recommendations contained in the 1967 Report of the President's +Commission on Budget Concepts; and the Administrator, the Director, and +the Secretary, shall, not later than 120 days after the date of +enactment of this Act, publish such criteria in the Federal Register: +Provided further, That, in developing the criteria to be used, the +Administrator, the Director, and the Secretary, shall consult with the +Director of the Congressional Budget Office: Provided further, That +the requirements of section 553 of title 5, United States Code, shall +not apply to the development and publication of such criteria: +Provided further, That the use of direct loans or loan guarantee +authority under this heading for direct loans or commitments to +guarantee loans for any project shall be in accordance with the +criteria published pursuant to this Act: Provided further, That the +Administrator, the Director, and the Secretary, shall also certify, and +publish such certification in the Federal Register, that the criteria +is compliant with this paragraph, at the same time the Administrator, +the Director, and the Secretary, publish the criteria in the Federal +Register: Provided further, That the Administrator may not issue a +Notice of Funding Availability for applications for credit assistance +under the Water Infrastructure Finance and Innovation Act Program in +fiscal year 2020 until the criteria have been developed and published +pursuant to the fourth proviso and certified pursuant to the previous +proviso: Provided further, That none of the direct loans or loan +guarantee authority made available under this heading shall be +available for any project unless the Administrator and the Director of +the Office of Management and Budget have certified in advance in +writing that the direct loan or loan guarantee, as applicable, and the +project comply with the criteria developed and published pursuant to +this Act: Provided further, That the criteria developed and published +pursuant to this Act shall not apply to the use of direct loans or loan +guarantee authority provided by prior appropriations Acts: Provided +further, That not later than 15 days after the date upon which criteria +have been published pursuant to the fourth proviso, the Administrator +shall report to the Committees on Appropriations of the House of +Representatives and Senate, the Committees on Energy and Commerce and +Transportation and Infrastructure of the House of Representatives, and +the Committee on Environment and Public Works of the Senate on any +statutory improvements to the Water Infrastructure Finance and +Innovation Act of 2014 or to the Water Infrastructure Finance and +Innovation Act Program Account's appropriations language that would +further align such Act and such language with the budgetary treatment +and recommendations referred to in the fourth proviso: Provided +further, That, for the purposes of carrying out the Congressional +Budget Act of 1974, the Director of the Congressional Budget Office may +request, and the Administrator shall promptly provide, documentation +and information relating to a project identified in a Letter of +Interest submitted to the Administrator pursuant to a Notice of Funding +Availability for applications for credit assistance under the Water +Infrastructure Finance and Innovation Act Program, including with +respect to a project that was initiated or completed before the date of +enactment of this Act. + In addition, fees authorized to be collected pursuant to sections +5029 and 5030 of the Water Infrastructure Finance and Innovation Act of +2014 shall be deposited in this account, to remain available until +expended. + In addition, for administrative expenses to carry out the direct +and guaranteed loan programs, notwithstanding section 5033 of the Water +Infrastructure Finance and Innovation Act of 2014, $5,000,000, to +remain available until September 30, 2021. + + Administrative Provisions--Environmental Protection Agency + + (including transfers of funds) + + For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and +6305(1), the Administrator of the Environmental Protection Agency, in +carrying out the Agency's function to implement directly Federal +environmental programs required or authorized by law in the absence of +an acceptable tribal program, may award cooperative agreements to +federally recognized Indian tribes or Intertribal consortia, if +authorized by their member tribes, to assist the Administrator in +implementing Federal environmental programs for Indian tribes required +or authorized by law, except that no such cooperative agreements may be +awarded from funds designated for State financial assistance +agreements. + The Administrator of the Environmental Protection Agency is +authorized to collect and obligate pesticide registration service fees +in accordance with section 33 of the Federal Insecticide, Fungicide, +and Rodenticide Act, as amended by Public Law 116-8, the Pesticide +Registration Improvement Extension Act of 2018. + Notwithstanding section 33(d)(2) of the Federal Insecticide, +Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the +Administrator of the Environmental Protection Agency may assess fees +under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2020. + The Administrator is authorized to transfer up to $320,000,000 of +the funds appropriated for the Great Lakes Restoration Initiative under +the heading ``Environmental Programs and Management'' to the head of +any Federal department or agency, with the concurrence of such head, to +carry out activities that would support the Great Lakes Restoration +Initiative and Great Lakes Water Quality Agreement programs, projects, +or activities; to enter into an interagency agreement with the head of +such Federal department or agency to carry out these activities; and to +make grants to governmental entities, nonprofit organizations, +institutions, and individuals for planning, research, monitoring, +outreach, and implementation in furtherance of the Great Lakes +Restoration Initiative and the Great Lakes Water Quality Agreement. + The Science and Technology, Environmental Programs and Management, +Office of Inspector General, Hazardous Substance Superfund, and Leaking +Underground Storage Tank Trust Fund Program Accounts, are available for +the construction, alteration, repair, rehabilitation, and renovation of +facilities, provided that the cost does not exceed $150,000 per +project. + For fiscal year 2020, and notwithstanding section 518(f) of the +Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the +Administrator is authorized to use the amounts appropriated for any +fiscal year under section 319 of the Act to make grants to Indian +tribes pursuant to sections 319(h) and 518(e) of that Act. + The Administrator is authorized to use the amounts appropriated +under the heading ``Environmental Programs and Management'' for fiscal +year 2020 to provide grants to implement the Southeastern New England +Watershed Restoration Program. + Notwithstanding the limitations on amounts in section 320(i)(2)(B) +of the Federal Water Pollution Control Act, not less than $1,350,000 of +the funds made available under this title for the National Estuary +Program shall be for making competitive awards described in section +320(g)(4). + The fourth paragraph under heading ``Administrative Provisions'' in +title II of Public Law 109-54 is amended by striking ``2020'' and +inserting ``2025''. + + TITLE III + + RELATED AGENCIES + + DEPARTMENT OF AGRICULTURE + + office of the under secretary for natural resources and environment + + For necessary expenses of the Office of the Under Secretary for +Natural Resources and Environment, $875,000: Provided, That funds made +available by this Act to any agency in the Natural Resources and +Environment mission area for salaries and expenses are available to +fund up to one administrative support staff for the office. + + Forest Service + + forest and rangeland research + + For necessary expenses of forest and rangeland research as +authorized by law, $305,000,000, to remain available through September +30, 2023: Provided, That of the funds provided, $77,000,000 is for the +forest inventory and analysis program: Provided further, That all +authorities for the use of funds, including the use of contracts, +grants, and cooperative agreements, available to execute the Forest and +Rangeland Research appropriation, are also available in the utilization +of these funds for Fire Science Research. + + state and private forestry + + For necessary expenses of cooperating with and providing technical +and financial assistance to States, territories, possessions, and +others, and for forest health management, and conducting an +international program as authorized, $346,990,000, to remain available +through September 30, 2023, as authorized by law; of which $63,990,000 +is to be derived from the Land and Water Conservation Fund to be used +for the Forest Legacy Program, to remain available until expended. + + national forest system + + For necessary expenses of the Forest Service, not otherwise +provided for, for management, protection, improvement, and utilization +of the National Forest System, and for hazardous fuels management on or +adjacent to such lands, $1,957,510,000, to remain available through +September 30, 2023: Provided, That of the funds provided, $40,000,000 +shall be deposited in the Collaborative Forest Landscape Restoration +Fund for ecological restoration treatments as authorized by 16 U.S.C. +7303(f): Provided further, That of the funds provided, $373,000,000 +shall be for forest products: Provided further, That of the funds +provided, $445,310,000 shall be for hazardous fuels management +activities, of which not to exceed $15,000,000 may be used to make +grants, using any authorities available to the Forest Service under the +``State and Private Forestry'' appropriation, for the purpose of +creating incentives for increased use of biomass from National Forest +System lands: Provided further, That $20,000,000 may be used by the +Secretary of Agriculture to enter into procurement contracts or +cooperative agreements or to issue grants for hazardous fuels +management activities, and for training or monitoring associated with +such hazardous fuels management activities on Federal land, or on non- +Federal land if the Secretary determines such activities benefit +resources on Federal land: Provided further, That funds made available +to implement the Community Forestry Restoration Act, Public Law 106- +393, title VI, shall be available for use on non-Federal lands in +accordance with authorities made available to the Forest Service under +the ``State and Private Forestry'' appropriations: Provided further, +That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act +(7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for +grazing on a National Grassland, may provide a credit of up to 50 +percent of the calculated fee to a Grazing Association or direct +permittee for a conservation practice approved by the Secretary in +advance of the fiscal year in which the cost of the conservation +practice is incurred. And, that the amount credited shall remain +available to the Grazing Association or the direct permittee, as +appropriate, in the fiscal year in which the credit is made and each +fiscal year thereafter for use on the project for conservation +practices approved by the Secretary. + + capital improvement and maintenance + + (including transfer of funds) + + For necessary expenses of the Forest Service, not otherwise +provided for, $455,000,000, to remain available through September 30, +2023, for construction, capital improvement, maintenance and +acquisition of buildings and other facilities and infrastructure; and +for construction, reconstruction, decommissioning of roads that are no +longer needed, including unauthorized roads that are not part of the +transportation system, and maintenance of forest roads and trails by +the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 +and 205: Provided, That funds becoming available in fiscal year 2020 +under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to +the General Fund of the Treasury and shall not be available for +transfer or obligation for any other purpose unless the funds are +appropriated. + + land acquisition + + (including rescission of funds) + + For expenses necessary to carry out the provisions of chapter 2003 +of title 54, United States Code, including administrative expenses, and +for acquisition of land or waters, or interest therein, in accordance +with statutory authority applicable to the Forest Service, $78,898,000, +to be derived from the Land and Water Conservation Fund and to remain +available until expended. + Of the unobligated balances from amounts made available for Forest +Service and derived from the Land and Water Conservation Fund, +$2,000,000 is hereby permanently rescinded from projects with cost +savings or failed projects or partially failed that had funds returned: + Provided, That no amounts may be rescinded from amounts that were +designated by the Congress as an emergency requirement pursuant to the +Concurrent Resolution on the Budget or the Balanced Budget and +Emergency Deficit Control Act of 1985. + + acquisition of lands for national forests special acts + + For acquisition of lands within the exterior boundaries of the +Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National +Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland +National Forests, California; and the Ozark-St. Francis and Ouachita +National Forests, Arkansas; as authorized by law, $700,000, to be +derived from forest receipts. + + acquisition of lands to complete land exchanges + + For acquisition of lands, such sums, to be derived from funds +deposited by State, county, or municipal governments, public school +districts, or other public school authorities, and for authorized +expenditures from funds deposited by non-Federal parties pursuant to +Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 +(16 U.S.C. 484a), to remain available through September 30, 2023, (16 +U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; +and Public Law 78-310). + + range betterment fund + + For necessary expenses of range rehabilitation, protection, and +improvement, 50 percent of all moneys received during the prior fiscal +year, as fees for grazing domestic livestock on lands in National +Forests in the 16 Western States, pursuant to section 401(b)(1) of +Public Law 94-579, to remain available through September 30, 2023, of +which not to exceed 6 percent shall be available for administrative +expenses associated with on-the-ground range rehabilitation, +protection, and improvements. + + gifts, donations and bequests for forest and rangeland research + + For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain +available through September 30, 2023, to be derived from the fund +established pursuant to the above Act. + + management of national forest lands for subsistence uses + + For necessary expenses of the Forest Service to manage Federal +lands in Alaska for subsistence uses under title VIII of the Alaska +National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), +$2,500,000, to remain available through September 30, 2023. + + wildland fire management + + (including transfers of funds) + + For necessary expenses for forest fire presuppression activities on +National Forest System lands, for emergency wildland fire suppression +on or adjacent to such lands or other lands under fire protection +agreement, and for emergency rehabilitation of burned-over National +Forest System lands and water, $2,350,620,000, to remain available +until expended: Provided, That such funds including unobligated +balances under this heading, are available for repayment of advances +from other appropriations accounts previously transferred for such +purposes: Provided further, That any unobligated funds appropriated in +a previous fiscal year for hazardous fuels management may be +transferred to the ``National Forest System'' account: Provided +further, That such funds shall be available to reimburse State and +other cooperating entities for services provided in response to +wildfire and other emergencies or disasters to the extent such +reimbursements by the Forest Service for non-fire emergencies are fully +repaid by the responsible emergency management agency: Provided +further, That funds provided shall be available for support to Federal +emergency response: Provided further, That the costs of implementing +any cooperative agreement between the Federal Government and any non- +Federal entity may be shared, as mutually agreed on by the affected +parties: Provided further, That of the funds provided under this +heading, $1,011,000,000 shall be available for wildfire suppression +operations, and is provided to the meet the terms of section +251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit +Control Act of 1985, as amended. + + wildfire suppression operations reserve fund + + (including transfers of funds) + + In addition to the amounts provided under the heading ``Department +of Agriculture--Forest Service--Wildland Fire Management'' for wildfire +suppression operations, $1,950,000,000, to remain available until +transferred, is additional new budget authority as specified for +purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency +Deficit Control Act of 1985: Provided, That such amounts may be +transferred to and merged with amounts made available under the +headings ``Department of the Interior--Department-Wide Programs-- +Wildland Fire Management'' and ``Department of Agriculture--Forest +Service--Wildland Fire Management'' for wildfire suppression operations +in the fiscal year in which such amounts are transferred: Provided +further, That amounts may be transferred to the ``Wildland Fire +Management'' accounts in the Department of the Interior or the +Department of Agriculture only upon the notification of the House and +Senate Committees on Appropriations that all wildfire suppression +operations funds appropriated under that heading in this and prior +appropriations Acts to the agency to which the funds will be +transferred will be obligated within 30 days: Provided further, That +the transfer authority provided under this heading is in addition to +any other transfer authority provided by law. + + communications site administration + + Amounts collected in this fiscal year pursuant to section +8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115- +334), as amended by this Act, shall be deposited in the special account +established by section 8705(f)(1) of such Act, shall be available to +cover the costs described in subsection (c)(3) of such section of such +Act, and shall remain available until expended: Provided, That such +amounts shall be transferred to the ``National Forest System'' account. + + administrative provisions--forest service + + (including transfers of funds) + + Appropriations to the Forest Service for the current fiscal year +shall be available for: (1) purchase of passenger motor vehicles; +acquisition of passenger motor vehicles from excess sources, and hire +of such vehicles; purchase, lease, operation, maintenance, and +acquisition of aircraft to maintain the operable fleet for use in +Forest Service wildland fire programs and other Forest Service +programs; notwithstanding other provisions of law, existing aircraft +being replaced may be sold, with proceeds derived or trade-in value +used to offset the purchase price for the replacement aircraft; (2) +services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for +employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration +of buildings and other public improvements (7 U.S.C. 2250); (4) +acquisition of land, waters, and interests therein pursuant to 7 U.S.C. +428a; (5) for expenses pursuant to the Volunteers in the National +Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost +of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt +collection contracts in accordance with 31 U.S.C. 3718(c). + Any appropriations or funds available to the Forest Service may be +transferred to the Wildland Fire Management appropriation for forest +firefighting, emergency rehabilitation of burned-over or damaged lands +or waters under its jurisdiction, and fire preparedness due to severe +burning conditions upon the Secretary's notification of the House and +Senate Committees on Appropriations that all fire suppression funds +appropriated under the heading ``Wildland Fire Management'' will be +obligated within 30 days: Provided, That all funds used pursuant to +this paragraph must be replenished by a supplemental appropriation +which must be requested as promptly as possible. + Not more than $50,000,000 of funds appropriated to the Forest +Service shall be available for expenditure or transfer to the +Department of the Interior for wildland fire management, hazardous +fuels management, and State fire assistance when such transfers would +facilitate and expedite wildland fire management programs and projects. + Notwithstanding any other provision of this Act, the Forest Service +may transfer unobligated balances of discretionary funds appropriated +to the Forest Service by this Act to or within the National Forest +System Account, or reprogram funds to be used for the purposes of +hazardous fuels management and urgent rehabilitation of burned-over +National Forest System lands and water, such transferred funds shall +remain available through September 30, 2023: Provided, That none of +the funds transferred pursuant to this section shall be available for +obligation without written notification to and the prior approval of +the Committees on Appropriations of both Houses of Congress: Provided +further, That this section does not apply to funds derived from the +Land and Water Conservation Fund. + Funds appropriated to the Forest Service shall be available for +assistance to or through the Agency for International Development in +connection with forest and rangeland research, technical information, +and assistance in foreign countries, and shall be available to support +forestry and related natural resource activities outside the United +States and its territories and possessions, including technical +assistance, education and training, and cooperation with U.S., private, +and international organizations. The Forest Service, acting for the +International Program, may sign direct funding agreements with foreign +governments and institutions as well as other domestic agencies +(including the U.S. Agency for International Development, the +Department of State, and the Millennium Challenge Corporation), U.S. +private sector firms, institutions and organizations to provide +technical assistance and training programs overseas on forestry and +rangeland management. + Funds appropriated to the Forest Service shall be available for +expenditure or transfer to the Department of the Interior, Bureau of +Land Management, for removal, preparation, and adoption of excess wild +horses and burros from National Forest System lands, and for the +performance of cadastral surveys to designate the boundaries of such +lands. + None of the funds made available to the Forest Service in this Act +or any other Act with respect to any fiscal year shall be subject to +transfer under the provisions of section 702(b) of the Department of +Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public +Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171 +(7 U.S.C. 8316(b)). + Not more than $82,000,000 of funds available to the Forest Service +shall be transferred to the Working Capital Fund of the Department of +Agriculture and not more than $14,500,000 of funds available to the +Forest Service shall be transferred to the Department of Agriculture +for Department Reimbursable Programs, commonly referred to as Greenbook +charges. Nothing in this paragraph shall prohibit or limit the use of +reimbursable agreements requested by the Forest Service in order to +obtain information technology services, including telecommunications +and system modifications or enhancements, from the Working Capital Fund +of the Department of Agriculture. + Of the funds available to the Forest Service, up to $5,000,000 +shall be available for priority projects within the scope of the +approved budget, which shall be carried out by the Youth Conservation +Corps and shall be carried out under the authority of the Public Lands +Corps Act of 1993 (16 U.S.C. 1721 et seq.). + Of the funds available to the Forest Service, $4,000 is available +to the Chief of the Forest Service for official reception and +representation expenses. + Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of +the funds available to the Forest Service, up to $3,000,000 may be +advanced in a lump sum to the National Forest Foundation to aid +conservation partnership projects in support of the Forest Service +mission, without regard to when the Foundation incurs expenses, for +projects on or benefitting National Forest System lands or related to +Forest Service programs: Provided, That of the Federal funds made +available to the Foundation, no more than $300,000 shall be available +for administrative expenses: Provided further, That the Foundation +shall obtain, by the end of the period of Federal financial assistance, +private contributions to match funds made available by the Forest +Service on at least a one-for-one basis: Provided further, That the +Foundation may transfer Federal funds to a Federal or a non-Federal +recipient for a project at the same rate that the recipient has +obtained the non-Federal matching funds. + Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 +of the funds available to the Forest Service may be advanced to the +National Fish and Wildlife Foundation in a lump sum to aid cost-share +conservation projects, without regard to when expenses are incurred, on +or benefitting National Forest System lands or related to Forest +Service programs: Provided, That such funds shall be matched on at +least a one-for-one basis by the Foundation or its sub-recipients: +Provided further, That the Foundation may transfer Federal funds to a +Federal or non-Federal recipient for a project at the same rate that +the recipient has obtained the non-Federal matching funds. + Funds appropriated to the Forest Service shall be available for +interactions with and providing technical assistance to rural +communities and natural resource-based businesses for sustainable rural +development purposes. + Funds appropriated to the Forest Service shall be available for +payments to counties within the Columbia River Gorge National Scenic +Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of +Public Law 99-663. + Any funds appropriated to the Forest Service may be used to meet +the non-Federal share requirement in section 502(c) of the Older +Americans Act of 1965 (42 U.S.C. 3056(c)(2)). + The Forest Service shall not assess funds for the purpose of +performing fire, administrative, and other facilities maintenance and +decommissioning. + Notwithstanding any other provision of law, of any appropriations +or funds available to the Forest Service, not to exceed $500,000 may be +used to reimburse the Office of the General Counsel (OGC), Department +of Agriculture, for travel and related expenses incurred as a result of +OGC assistance or participation requested by the Forest Service at +meetings, training sessions, management reviews, land purchase +negotiations and similar matters unrelated to civil litigation. Future +budget justifications for both the Forest Service and the Department of +Agriculture should clearly display the sums previously transferred and +the sums requested for transfer. + An eligible individual who is employed in any project funded under +title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and +administered by the Forest Service shall be considered to be a Federal +employee for purposes of chapter 171 of title 28, United States Code. + Notwithstanding any other provision of this Act, through the Office +of Budget and Program Analysis, the Forest Service shall report no +later than 30 business days following the close of each fiscal quarter +all current and prior year unobligated balances, by fiscal year, budget +line item and account, to the House and Senate Committees on +Appropriations. + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Indian Health Service + + indian health services + + For expenses necessary to carry out the Act of August 5, 1954 (68 +Stat. 674), the Indian Self-Determination and Education Assistance Act, +the Indian Health Care Improvement Act, and titles II and III of the +Public Health Service Act with respect to the Indian Health Service, +$4,315,205,000 to remain available until September 30, 2021, except as +otherwise provided herein, together with payments received during the +fiscal year pursuant to sections 231(b) and 233 of the Public Health +Service Act (42 U.S.C. 238(b) and 238b), for services furnished by the +Indian Health Service: Provided, That funds made available to tribes +and tribal organizations through contracts, grant agreements, or any +other agreements or compacts authorized by the Indian Self- +Determination and Education Assistance Act of 1975 (25 U.S.C. 450), +shall be deemed to be obligated at the time of the grant or contract +award and thereafter shall remain available to the tribe or tribal +organization without fiscal year limitation: Provided further, That +$2,000,000 shall be available for grants or contracts with public or +private institutions to provide alcohol or drug treatment services to +Indians, including alcohol detoxification services: Provided further, +That $964,819,000 for Purchased/Referred Care, including $53,000,000 +for the Indian Catastrophic Health Emergency Fund, shall remain +available until expended: Provided further, That of the funds +provided, up to $40,000,000 shall remain available until expended for +implementation of the loan repayment program under section 108 of the +Indian Health Care Improvement Act: Provided further, That of the +funds provided, $125,000,000 shall remain available until expended to +supplement funds available for operational costs at tribal clinics +operated under an Indian Self-Determination and Education Assistance +Act compact or contract where health care is delivered in space +acquired through a full service lease, which is not eligible for +maintenance and improvement and equipment funds from the Indian Health +Service, and $58,000,000 shall be for costs related to or resulting +from accreditation emergencies, including supplementing activities +funded under the heading ``Indian Health Facilities,'' of which up to +$4,000,000 may be used to supplement amounts otherwise available for +Purchased/Referred Care: Provided further, That the amounts collected +by the Federal Government as authorized by sections 104 and 108 of the +Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during +the preceding fiscal year for breach of contracts shall be deposited in +the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and +shall remain available until expended and, notwithstanding section +108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to +make new awards under the loan repayment and scholarship programs under +sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided +further, That the amounts made available within this account for the +Substance Abuse and Suicide Prevention Program, for Opioid Prevention, +Treatment and Recovery Services, for the Domestic Violence Prevention +Program, for the Zero Suicide Initiative, for the housing subsidy +authority for civilian employees, for Aftercare Pilot Programs at Youth +Regional Treatment Centers, for transformation and modernization costs +of the Indian Health Service Electronic Health Record system, for +national quality and oversight activities, to improve collections from +public and private insurance at Indian Health Service and tribally +operated facilities, and for accreditation emergencies shall be +allocated at the discretion of the Director of the Indian Health +Service and shall remain available until expended: Provided further, +That funds provided in this Act may be used for annual contracts and +grants that fall within 2 fiscal years, provided the total obligation +is recorded in the year the funds are appropriated: Provided further, +That the amounts collected by the Secretary of Health and Human +Services under the authority of title IV of the Indian Health Care +Improvement Act (25 U.S.C. 1613) shall remain available until expended +for the purpose of achieving compliance with the applicable conditions +and requirements of titles XVIII and XIX of the Social Security Act, +except for those related to the planning, design, or construction of +new facilities: Provided further, That funding contained herein for +scholarship programs under the Indian Health Care Improvement Act (25 +U.S.C. 1613) shall remain available until expended: Provided further, +That amounts received by tribes and tribal organizations under title IV +of the Indian Health Care Improvement Act shall be reported and +accounted for and available to the receiving tribes and tribal +organizations until expended: Provided further, That the Bureau of +Indian Affairs may collect from the Indian Health Service, and from +tribes and tribal organizations operating health facilities pursuant to +Public Law 93-638, such individually identifiable health information +relating to disabled children as may be necessary for the purpose of +carrying out its functions under the Individuals with Disabilities +Education Act (20 U.S.C. 1400 et seq.): Provided further, That of the +funds provided, $72,280,000 is for the Indian Health Care Improvement +Fund and may be used, as needed, to carry out activities typically +funded under the Indian Health Facilities account: Provided further, +That none of the funds appropriated by this Act to the Indian Health +Service for the Electronic Health Record system shall be available for +obligation or expenditure for the selection or implementation of a new +Information Technology infrastructure system, unless the Committees on +Appropriations of the House of Representatives and the Senate are +consulted 90 days in advance of such obligation. + + contract support costs + + For payments to tribes and tribal organizations for contract +support costs associated with Indian Self-Determination and Education +Assistance Act agreements with the Indian Health Service for fiscal +year 2020, such sums as may be necessary: Provided, That +notwithstanding any other provision of law, no amounts made available +under this heading shall be available for transfer to another budget +account. + + indian health facilities + + For construction, repair, maintenance, improvement, and equipment +of health and related auxiliary facilities, including quarters for +personnel; preparation of plans, specifications, and drawings; +acquisition of sites, purchase and erection of modular buildings, and +purchases of trailers; and for provision of domestic and community +sanitation facilities for Indians, as authorized by section 7 of the +Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination +Act, and the Indian Health Care Improvement Act, and for expenses +necessary to carry out such Acts and titles II and III of the Public +Health Service Act with respect to environmental health and facilities +support activities of the Indian Health Service, $911,889,000 to remain +available until expended: Provided, That notwithstanding any other +provision of law, funds appropriated for the planning, design, +construction, renovation or expansion of health facilities for the +benefit of an Indian tribe or tribes may be used to purchase land on +which such facilities will be located: Provided further, That not to +exceed $500,000 may be used by the Indian Health Service to purchase +TRANSAM equipment from the Department of Defense for distribution to +the Indian Health Service and tribal facilities: Provided further, +That none of the funds appropriated to the Indian Health Service may be +used for sanitation facilities construction for new homes funded with +grants by the housing programs of the United States Department of +Housing and Urban Development: Provided further, That not to exceed +$2,700,000 from this account and the ``Indian Health Services'' account +may be used by the Indian Health Service to obtain ambulances for the +Indian Health Service and tribal facilities in conjunction with an +existing interagency agreement between the Indian Health Service and +the General Services Administration: Provided further, That not to +exceed $500,000 may be placed in a Demolition Fund, to remain available +until expended, and be used by the Indian Health Service for the +demolition of Federal buildings. + + administrative provisions--indian health service + + Appropriations provided in this Act to the Indian Health Service +shall be available for services as authorized by 5 U.S.C. 3109 at rates +not to exceed the per diem rate equivalent to the maximum rate payable +for senior-level positions under 5 U.S.C. 5376; hire of passenger motor +vehicles and aircraft; purchase of medical equipment; purchase of +reprints; purchase, renovation and erection of modular buildings and +renovation of existing facilities; payments for telephone service in +private residences in the field, when authorized under regulations +approved by the Secretary of Health and Human Services; uniforms or +allowances therefor as authorized by 5 U.S.C. 5901-5902; and for +expenses of attendance at meetings that relate to the functions or +activities of the Indian Health Service: Provided, That in accordance +with the provisions of the Indian Health Care Improvement Act, non- +Indian patients may be extended health care at all tribally +administered or Indian Health Service facilities, subject to charges, +and the proceeds along with funds recovered under the Federal Medical +Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the +account of the facility providing the service and shall be available +without fiscal year limitation: Provided further, That notwithstanding +any other law or regulation, funds transferred from the Department of +Housing and Urban Development to the Indian Health Service shall be +administered under Public Law 86-121, the Indian Sanitation Facilities +Act and Public Law 93-638: Provided further, That funds appropriated +to the Indian Health Service in this Act, except those used for +administrative and program direction purposes, shall not be subject to +limitations directed at curtailing Federal travel and transportation: +Provided further, That none of the funds made available to the Indian +Health Service in this Act shall be used for any assessments or charges +by the Department of Health and Human Services unless identified in the +budget justification and provided in this Act, or approved by the House +and Senate Committees on Appropriations through the reprogramming +process: Provided further, That notwithstanding any other provision of +law, funds previously or herein made available to a tribe or tribal +organization through a contract, grant, or agreement authorized by +title I or title V of the Indian Self-Determination and Education +Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and +reobligated to a self-determination contract under title I, or a self- +governance agreement under title V of such Act and thereafter shall +remain available to the tribe or tribal organization without fiscal +year limitation: Provided further, That none of the funds made +available to the Indian Health Service in this Act shall be used to +implement the final rule published in the Federal Register on September +16, 1987, by the Department of Health and Human Services, relating to +the eligibility for the health care services of the Indian Health +Service until the Indian Health Service has submitted a budget request +reflecting the increased costs associated with the proposed final rule, +and such request has been included in an appropriations Act and enacted +into law: Provided further, That with respect to functions transferred +by the Indian Health Service to tribes or tribal organizations, the +Indian Health Service is authorized to provide goods and services to +those entities on a reimbursable basis, including payments in advance +with subsequent adjustment, and the reimbursements received therefrom, +along with the funds received from those entities pursuant to the +Indian Self-Determination Act, may be credited to the same or +subsequent appropriation account from which the funds were originally +derived, with such amounts to remain available until expended: +Provided further, That reimbursements for training, technical +assistance, or services provided by the Indian Health Service will +contain total costs, including direct, administrative, and overhead +costs associated with the provision of goods, services, or technical +assistance: Provided further, That the Indian Health Service may +provide to civilian medical personnel serving in hospitals operated by +the Indian Health Service housing allowances equivalent to those that +would be provided to members of the Commissioned Corps of the United +States Public Health Service serving in similar positions at such +hospitals: Provided further, That the appropriation structure for the +Indian Health Service may not be altered without advance notification +to the House and Senate Committees on Appropriations. + + National Institutes of Health + + national institute of environmental health sciences + + For necessary expenses for the National Institute of Environmental +Health Sciences in carrying out activities set forth in section 311(a) +of the Comprehensive Environmental Response, Compensation, and +Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the +Superfund Amendments and Reauthorization Act of 1986, $81,000,000. + + Agency for Toxic Substances and Disease Registry + + toxic substances and environmental public health + + For necessary expenses for the Agency for Toxic Substances and +Disease Registry (ATSDR) in carrying out activities set forth in +sections 104(i) and 111(c)(4) of the Comprehensive Environmental +Response, Compensation, and Liability Act of 1980 (CERCLA) and section +3019 of the Solid Waste Disposal Act, $76,691,000: Provided, That +notwithstanding any other provision of law, in lieu of performing a +health assessment under section 104(i)(6) of CERCLA, the Administrator +of ATSDR may conduct other appropriate health studies, evaluations, or +activities, including, without limitation, biomedical testing, clinical +evaluations, medical monitoring, and referral to accredited healthcare +providers: Provided further, That in performing any such health +assessment or health study, evaluation, or activity, the Administrator +of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of +CERCLA: Provided further, That none of the funds appropriated under +this heading shall be available for ATSDR to issue in excess of 40 +toxicological profiles pursuant to section 104(i) of CERCLA during +fiscal year 2020, and existing profiles may be updated as necessary. + + OTHER RELATED AGENCIES + + Executive Office of the President + + council on environmental quality and office of environmental quality + + For necessary expenses to continue functions assigned to the +Council on Environmental Quality and Office of Environmental Quality +pursuant to the National Environmental Policy Act of 1969, the +Environmental Quality Improvement Act of 1970, and Reorganization Plan +No. 1 of 1977, and not to exceed $750 for official reception and +representation expenses, $2,994,000: Provided, That notwithstanding +section 202 of the National Environmental Policy Act of 1970, the +Council shall consist of one member, appointed by the President, by and +with the advice and consent of the Senate, serving as chairman and +exercising all powers, functions, and duties of the Council. + + Chemical Safety and Hazard Investigation Board + + salaries and expenses + + For necessary expenses in carrying out activities pursuant to +section 112(r)(6) of the Clean Air Act, including hire of passenger +vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. +5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates +for individuals not to exceed the per diem equivalent to the maximum +rate payable for senior level positions under 5 U.S.C. 5376, +$12,000,000: Provided, That the Chemical Safety and Hazard +Investigation Board (Board) shall have not more than three career +Senior Executive Service positions: Provided further, That +notwithstanding any other provision of law, the individual appointed to +the position of Inspector General of the Environmental Protection +Agency (EPA) shall, by virtue of such appointment, also hold the +position of Inspector General of the Board: Provided further, That +notwithstanding any other provision of law, the Inspector General of +the Board shall utilize personnel of the Office of Inspector General of +EPA in performing the duties of the Inspector General of the Board, and +shall not appoint any individuals to positions within the Board. + + Office of Navajo and Hopi Indian Relocation + + salaries and expenses + + For necessary expenses of the Office of Navajo and Hopi Indian +Relocation as authorized by Public Law 93-531, $7,500,000, to remain +available until expended: Provided, That funds provided in this or any +other appropriations Act are to be used to relocate eligible +individuals and groups including evictees from District 6, Hopi- +partitioned lands residents, those in significantly substandard +housing, and all others certified as eligible and not included in the +preceding categories: Provided further, That none of the funds +contained in this or any other Act may be used by the Office of Navajo +and Hopi Indian Relocation to evict any single Navajo or Navajo family +who, as of November 30, 1985, was physically domiciled on the lands +partitioned to the Hopi Tribe unless a new or replacement home is +provided for such household: Provided further, That no relocatee will +be provided with more than one new or replacement home: Provided +further, That the Office shall relocate any certified eligible +relocatees who have selected and received an approved homesite on the +Navajo reservation or selected a replacement residence off the Navajo +reservation or on the land acquired pursuant to section 11 of Public +Law 93-531 (88 Stat. 1716). + + Institute of American Indian and Alaska Native Culture and Arts + Development + + payment to the institute + + For payment to the Institute of American Indian and Alaska Native +Culture and Arts Development, as authorized by part A of title XV of +Public Law 99-498 (20 U.S.C. 4411 et seq.), $10,458,000, which shall +become available on July 1, 2020, and shall remain available until +September 30, 2021. + + Smithsonian Institution + + salaries and expenses + + For necessary expenses of the Smithsonian Institution, as +authorized by law, including research in the fields of art, science, +and history; development, preservation, and documentation of the +National Collections; presentation of public exhibits and performances; +collection, preparation, dissemination, and exchange of information and +publications; conduct of education, training, and museum assistance +programs; maintenance, alteration, operation, lease agreements of no +more than 30 years, and protection of buildings, facilities, and +approaches; not to exceed $100,000 for services as authorized by 5 +U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for +employees, $793,658,000, to remain available until September 30, 2021, +except as otherwise provided herein; of which not to exceed $6,908,000 +for the instrumentation program, collections acquisition, exhibition +reinstallation, and the repatriation of skeletal remains program shall +remain available until expended; and including such funds as may be +necessary to support American overseas research centers: Provided, +That funds appropriated herein are available for advance payments to +independent contractors performing research services or participating +in official Smithsonian presentations: Provided further, That the +Smithsonian Institution may expend Federal appropriations designated in +this Act for lease or rent payments, as rent payable to the Smithsonian +Institution, and such rent payments may be deposited into the general +trust funds of the Institution to be available as trust funds for +expenses associated with the purchase of a portion of the building at +600 Maryland Avenue, S.W., Washington, D.C. to the extent that +Federally supported activities will be housed there: Provided further, +That the use of such amounts in the general trust funds of the +Institution for such purpose shall not be construed as Federal debt +service for, a Federal guarantee of, a transfer of risk to, or an +obligation of the Federal Government: Provided further, That no +appropriated funds may be used directly to service debt which is +incurred to finance the costs of acquiring a portion of the building at +600 Maryland Avenue, S.W., Washington, D.C., or of planning, designing, +and constructing improvements to such building: Provided further, That +any agreement entered into by the Smithsonian Institution for the sale +of its ownership interest, or any portion thereof, in such building so +acquired may not take effect until the expiration of a 30 day period +which begins on the date on which the Secretary submits to the +Committees on Appropriations of the House of Representatives and +Senate, the Committees on House Administration and Transportation and +Infrastructure of the House of Representatives, and the Committee on +Rules and Administration of the Senate a report, as outlined in the +explanatory statement described in section 4 (in the matter preceding +division A of this consolidated Act), on the intended sale. + + facilities capital + + For necessary expenses of repair, revitalization, and alteration of +facilities owned or occupied by the Smithsonian Institution, by +contract or otherwise, as authorized by section 2 of the Act of August +22, 1949 (63 Stat. 623), and for construction, including necessary +personnel, $253,700,000, to remain available until expended, of which +not to exceed $10,000 shall be for services as authorized by 5 U.S.C. +3109. + + National Gallery of Art + + salaries and expenses + + For the upkeep and operations of the National Gallery of Art, the +protection and care of the works of art therein, and administrative +expenses incident thereto, as authorized by the Act of March 24, 1937 +(50 Stat. 51), as amended by the public resolution of April 13, 1939 +(Public Resolution 9, Seventy-sixth Congress), including services as +authorized by 5 U.S.C. 3109; payment in advance when authorized by the +treasurer of the Gallery for membership in library, museum, and art +associations or societies whose publications or services are available +to members only, or to members at a price lower than to the general +public; purchase, repair, and cleaning of uniforms for guards, and +uniforms, or allowances therefor, for other employees as authorized by +law (5 U.S.C. 5901-5902); purchase or rental of devices and services +for protecting buildings and contents thereof, and maintenance, +alteration, improvement, and repair of buildings, approaches, and +grounds; and purchase of services for restoration and repair of works +of art for the National Gallery of Art by contracts made, without +advertising, with individuals, firms, or organizations at such rates or +prices and under such terms and conditions as the Gallery may deem +proper, $147,022,000, to remain available until September 30, 2021, of +which not to exceed $3,660,000 for the special exhibition program shall +remain available until expended. + + repair, restoration and renovation of buildings + + For necessary expenses of repair, restoration and renovation of +buildings, grounds and facilities owned or occupied by the National +Gallery of Art, by contract or otherwise, for operating lease +agreements of no more than 10 years, with no extensions or renewals +beyond the 10 years, that address space needs created by the ongoing +renovations in the Master Facilities Plan, as authorized, $26,203,000, +to remain available until expended: Provided, That of this amount, +$1,000,000 shall be available for design of an off-site art storage +facility in partnership with the Smithsonian Institution: Provided +further, That contracts awarded for environmental systems, protection +systems, and exterior repair or renovation of buildings of the National +Gallery of Art may be negotiated with selected contractors and awarded +on the basis of contractor qualifications as well as price. + + John F. Kennedy Center for the Performing Arts + + operations and maintenance + + For necessary expenses for the operation, maintenance and security +of the John F. Kennedy Center for the Performing Arts, $25,690,000. + + capital repair and restoration + + For necessary expenses for capital repair and restoration of the +existing features of the building and site of the John F. Kennedy +Center for the Performing Arts, $17,800,000, to remain available until +expended. + + Woodrow Wilson International Center for Scholars + + salaries and expenses + + For expenses necessary in carrying out the provisions of the +Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of +passenger vehicles and services as authorized by 5 U.S.C. 3109, +$14,000,000, to remain available until September 30, 2021. + + National Foundation on the Arts and the Humanities + + National Endowment for the Arts + + grants and administration + + For necessary expenses to carry out the National Foundation on the +Arts and the Humanities Act of 1965, $162,250,000 shall be available to +the National Endowment for the Arts for the support of projects and +productions in the arts, including arts education and public outreach +activities, through assistance to organizations and individuals +pursuant to section 5 of the Act, for program support, and for +administering the functions of the Act, to remain available until +expended. + + National Endowment for the Humanities + + grants and administration + + For necessary expenses to carry out the National Foundation on the +Arts and the Humanities Act of 1965, $162,250,000 to remain available +until expended, of which $147,750,000 shall be available for support of +activities in the humanities, pursuant to section 7(c) of the Act and +for administering the functions of the Act; and $14,500,000 shall be +available to carry out the matching grants program pursuant to section +10(a)(2) of the Act, including $12,500,000 for the purposes of section +7(h): Provided, That appropriations for carrying out section 10(a)(2) +shall be available for obligation only in such amounts as may be equal +to the total amounts of gifts, bequests, devises of money, and other +property accepted by the chairman or by grantees of the National +Endowment for the Humanities under the provisions of sections +11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal +years for which equal amounts have not previously been appropriated. + + Administrative Provisions + + None of the funds appropriated to the National Foundation on the +Arts and the Humanities may be used to process any grant or contract +documents which do not include the text of 18 U.S.C. 1913: Provided, +That none of the funds appropriated to the National Foundation on the +Arts and the Humanities may be used for official reception and +representation expenses: Provided further, That funds from +nonappropriated sources may be used as necessary for official reception +and representation expenses: Provided further, That the Chairperson of +the National Endowment for the Arts may approve grants of up to +$10,000, if in the aggregate the amount of such grants does not exceed +5 percent of the sums appropriated for grantmaking purposes per year: +Provided further, That such small grant actions are taken pursuant to +the terms of an expressed and direct delegation of authority from the +National Council on the Arts to the Chairperson. + + Commission of Fine Arts + + salaries and expenses + + For expenses of the Commission of Fine Arts under chapter 91 of +title 40, United States Code, $3,240,000: Provided, That the +Commission is authorized to charge fees to cover the full costs of its +publications, and such fees shall be credited to this account as an +offsetting collection, to remain available until expended without +further appropriation: Provided further, That the Commission is +authorized to accept gifts, including objects, papers, artwork, +drawings and artifacts, that pertain to the history and design of the +Nation's Capital or the history and activities of the Commission of +Fine Arts, for the purpose of artistic display, study, or education: +Provided further, That one-tenth of one percent of the funds provided +under this heading may be used for official reception and +representation expenses. + + national capital arts and cultural affairs + + For necessary expenses as authorized by Public Law 99-190 (20 +U.S.C. 956a), $5,000,000. + + Advisory Council on Historic Preservation + + salaries and expenses + + For necessary expenses of the Advisory Council on Historic +Preservation (Public Law 89-665), $7,378,000. + + National Capital Planning Commission + + salaries and expenses + + For necessary expenses of the National Capital Planning Commission +under chapter 87 of title 40, United States Code, including services as +authorized by 5 U.S.C. 3109, $8,124,000: Provided, That one-quarter of +1 percent of the funds provided under this heading may be used for +official reception and representational expenses associated with +hosting international visitors engaged in the planning and physical +development of world capitals. + + United States Holocaust Memorial Museum + + holocaust memorial museum + + For expenses of the Holocaust Memorial Museum, as authorized by +Public Law 106-292 (36 U.S.C. 2301-2310), $60,388,000, of which +$715,000 shall remain available until September 30, 2022, for the +Museum's equipment replacement program; and of which $2,000,000 for the +Museum's repair and rehabilitation program and $1,264,000 for the +Museum's outreach initiatives program shall remain available until +expended. + + Presidio Trust + + The Presidio Trust is authorized to issue obligations to the +Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus +Parks and Public Lands Management Act of 1996 (Public Law 104-333), in +an amount not to exceed $10,000,000. + + Dwight d. Eisenhower Memorial Commission + + salaries and expenses + + For necessary expenses of the Dwight D. Eisenhower Memorial +Commission, $1,800,000, to remain available until expended. + + women's suffrage centennial commission + + salaries and expenses + + For necessary expenses for the Women's Suffrage Centennial +Commission, as authorized by the Women's Suffrage Centennial Commission +Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000, +to remain available until expended. + + world war i centennial commission + + salaries and expenses + + Notwithstanding section 9 of the World War I Centennial Commission +Act, as authorized by the World War I Centennial Commission Act (Public +Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National +Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), +for necessary expenses of the World War I Centennial Commission, +$7,000,000, to remain available until September 30, 2021: Provided, +That in addition to the authority provided by section 6(g) of such Act, +the World War I Commission may accept money, in-kind personnel +services, contractual support, or any appropriate support from any +executive branch agency for activities of the Commission. + + alyce spotted bear and walter soboleff commission on native children + + (including transfer of funds) + + For necessary expenses of the Alyce Spotted Bear and Walter +Soboleff Commission on Native Children (referred to in this paragraph +as the ``Commission''), $500,000, to remain available until September +30, 2021: Provided, That amounts made available to the Commission +under the heading ``Department of the Interior--Departmental +Operations--Office of the Secretary--Departmental Operations'' in +division E of the Consolidated Appropriations Act, 2019 (Public Law +116-6) may be transferred to or merged with such amounts: Provided +further, That in addition to the authority provided by section 3(g)(5) +and 3(h) of Public Law 114-244, the Commission may hereafter accept in- +kind personnel services, contractual support, or any appropriate +support from any executive branch agency for activities of the +Commission. + + TITLE IV + + GENERAL PROVISIONS + + (including transfers of funds) + + restriction on use of funds + + Sec. 401. No part of any appropriation contained in this Act shall +be available for any activity or the publication or distribution of +literature that in any way tends to promote public support or +opposition to any legislative proposal on which Congressional action is +not complete other than to communicate to Members of Congress as +described in 18 U.S.C. 1913. + + obligation of appropriations + + Sec. 402. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + + disclosure of administrative expenses + + Sec. 403. The amount and basis of estimated overhead charges, +deductions, reserves or holdbacks, including working capital fund and +cost pool charges, from programs, projects, activities and +subactivities to support government-wide, departmental, agency, or +bureau administrative functions or headquarters, regional, or central +operations shall be presented in annual budget justifications and +subject to approval by the Committees on Appropriations of the House of +Representatives and the Senate. Changes to such estimates shall be +presented to the Committees on Appropriations for approval. + + mining applications + + Sec. 404. (a) Limitation of Funds.--None of the funds appropriated +or otherwise made available pursuant to this Act shall be obligated or +expended to accept or process applications for a patent for any mining +or mill site claim located under the general mining laws. + (b) Exceptions.--Subsection (a) shall not apply if the Secretary of +the Interior determines that, for the claim concerned (1) a patent +application was filed with the Secretary on or before September 30, +1994; and (2) all requirements established under sections 2325 and 2326 +of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, +sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. +35, 36, and 37) for placer claims, and section 2337 of the Revised +Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were +fully complied with by the applicant by that date. + (c) Report.--On September 30, 2021, the Secretary of the Interior +shall file with the House and Senate Committees on Appropriations and +the Committee on Natural Resources of the House and the Committee on +Energy and Natural Resources of the Senate a report on actions taken by +the Department under the plan submitted pursuant to section 314(c) of +the Department of the Interior and Related Agencies Appropriations Act, +1997 (Public Law 104-208). + (d) Mineral Examinations.--In order to process patent applications +in a timely and responsible manner, upon the request of a patent +applicant, the Secretary of the Interior shall allow the applicant to +fund a qualified third-party contractor to be selected by the Director +of the Bureau of Land Management to conduct a mineral examination of +the mining claims or mill sites contained in a patent application as +set forth in subsection (b). The Bureau of Land Management shall have +the sole responsibility to choose and pay the third-party contractor in +accordance with the standard procedures employed by the Bureau of Land +Management in the retention of third-party contractors. + + contract support costs, prior year limitation + + Sec. 405. Sections 405 and 406 of division F of the Consolidated +and Further Continuing Appropriations Act, 2015 (Public Law 113-235) +shall continue in effect in fiscal year 2020. + + contract support costs, fiscal year 2020 limitation + + Sec. 406. Amounts provided by this Act for fiscal year 2020 under +the headings ``Department of Health and Human Services, Indian Health +Service, Contract Support Costs'' and ``Department of the Interior, +Bureau of Indian Affairs and Bureau of Indian Education, Contract +Support Costs'' are the only amounts available for contract support +costs arising out of self-determination or self-governance contracts, +grants, compacts, or annual funding agreements for fiscal year 2020 +with the Bureau of Indian Affairs, Bureau of Indian Education, and the +Indian Health Service: Provided, That such amounts provided by this +Act are not available for payment of claims for contract support costs +for prior years, or for repayments of payments for settlements or +judgments awarding contract support costs for prior years. + + forest management plans + + Sec. 407. The Secretary of Agriculture shall not be considered to +be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland +Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) +solely because more than 15 years have passed without revision of the +plan for a unit of the National Forest System. Nothing in this section +exempts the Secretary from any other requirement of the Forest and +Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or +any other law: Provided, That if the Secretary is not acting +expeditiously and in good faith, within the funding available, to +revise a plan for a unit of the National Forest System, this section +shall be void with respect to such plan and a court of proper +jurisdiction may order completion of the plan on an accelerated basis. + + prohibition within national monuments + + Sec. 408. No funds provided in this Act may be expended to conduct +preleasing, leasing and related activities under either the Mineral +Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf +Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National +Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 +et seq.) as such boundary existed on January 20, 2001, except where +such activities are allowed under the Presidential proclamation +establishing such monument. + + limitation on takings + + Sec. 409. Unless otherwise provided herein, no funds appropriated +in this Act for the acquisition of lands or interests in lands may be +expended for the filing of declarations of taking or complaints in +condemnation without the approval of the House and Senate Committees on +Appropriations: Provided, That this provision shall not apply to funds +appropriated to implement the Everglades National Park Protection and +Expansion Act of 1989, or to funds appropriated for Federal assistance +to the State of Florida to acquire lands for Everglades restoration +purposes. + + prohibition on no-bid contracts + + Sec. 410. None of the funds appropriated or otherwise made +available by this Act to executive branch agencies may be used to enter +into any Federal contract unless such contract is entered into in +accordance with the requirements of Chapter 33 of title 41, United +States Code, or Chapter 137 of title 10, United States Code, and the +Federal Acquisition Regulation, unless-- + (1) Federal law specifically authorizes a contract to be + entered into without regard for these requirements, including + formula grants for States, or federally recognized Indian tribes; + (2) such contract is authorized by the Indian Self- + Determination and Education Assistance Act (Public Law 93-638, 25 + U.S.C. 450 et seq.) or by any other Federal laws that specifically + authorize a contract within an Indian tribe as defined in section + 4(e) of that Act (25 U.S.C. 450b(e)); or + (3) such contract was awarded prior to the date of enactment of + this Act. + + posting of reports + + Sec. 411. (a) Any agency receiving funds made available in this +Act, shall, subject to subsections (b) and (c), post on the public +website of that agency any report required to be submitted by the +Congress in this or any other Act, upon the determination by the head +of the agency that it shall serve the national interest. + (b) Subsection (a) shall not apply to a report if-- + (1) the public posting of the report compromises national + security; or + (2) the report contains proprietary information. + (c) The head of the agency posting such report shall do so only +after such report has been made available to the requesting Committee +or Committees of Congress for no less than 45 days. + + national endowment for the arts grant guidelines + + Sec. 412. Of the funds provided to the National Endowment for the +Arts-- + (1) The Chairperson shall only award a grant to an individual + if such grant is awarded to such individual for a literature + fellowship, National Heritage Fellowship, or American Jazz Masters + Fellowship. + (2) The Chairperson shall establish procedures to ensure that + no funding provided through a grant, except a grant made to a State + or local arts agency, or regional group, may be used to make a + grant to any other organization or individual to conduct activity + independent of the direct grant recipient. Nothing in this + subsection shall prohibit payments made in exchange for goods and + services. + (3) No grant shall be used for seasonal support to a group, + unless the application is specific to the contents of the season, + including identified programs or projects. + + national endowment for the arts program priorities + + Sec. 413. (a) In providing services or awarding financial +assistance under the National Foundation on the Arts and the Humanities +Act of 1965 from funds appropriated under this Act, the Chairperson of +the National Endowment for the Arts shall ensure that priority is given +to providing services or awarding financial assistance for projects, +productions, workshops, or programs that serve underserved populations. + (b) In this section: + (1) The term ``underserved population'' means a population of + individuals, including urban minorities, who have historically been + outside the purview of arts and humanities programs due to factors + such as a high incidence of income below the poverty line or to + geographic isolation. + (2) The term ``poverty line'' means the poverty line (as + defined by the Office of Management and Budget, and revised + annually in accordance with section 673(2) of the Community + Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a + family of the size involved. + (c) In providing services and awarding financial assistance under +the National Foundation on the Arts and Humanities Act of 1965 with +funds appropriated by this Act, the Chairperson of the National +Endowment for the Arts shall ensure that priority is given to providing +services or awarding financial assistance for projects, productions, +workshops, or programs that will encourage public knowledge, education, +understanding, and appreciation of the arts. + (d) With funds appropriated by this Act to carry out section 5 of +the National Foundation on the Arts and Humanities Act of 1965-- + (1) the Chairperson shall establish a grant category for + projects, productions, workshops, or programs that are of national + impact or availability or are able to tour several States; + (2) the Chairperson shall not make grants exceeding 15 percent, + in the aggregate, of such funds to any single State, excluding + grants made under the authority of paragraph (1); + (3) the Chairperson shall report to the Congress annually and + by State, on grants awarded by the Chairperson in each grant + category under section 5 of such Act; and + (4) the Chairperson shall encourage the use of grants to + improve and support community-based music performance and + education. + + status of balances of appropriations + + Sec. 414. The Department of the Interior, the Environmental +Protection Agency, the Forest Service, and the Indian Health Service +shall provide the Committees on Appropriations of the House of +Representatives and Senate quarterly reports on the status of balances +of appropriations including all uncommitted, committed, and unobligated +funds in each program and activity within 60 days of enactment of this +Act. + + alyce spotted bear and walter soboleff commission on native children + + Sec. 415. Section 3(a) of the Alyce Spotted Bear and Walter +Soboleff Commission on Native Children Act (Public Law 114-244) is +amended by striking ``in the Office of Tribal Justice of the Department +of Justice.''. + + forest service communications site administration + + Sec. 416. Subsection (f) of section 8705 of the Agriculture +Improvement Act of 2018 (Public Law 115-334) is amended by striking +paragraph (2) and inserting the following: + ``(2) Requirements for fees collected.--Fees collected by the + Forest Service under subsection (c)(3) shall be-- + ``(A) collected only to the extent provided in advance in + appropriations Acts; + ``(B) based on the costs described in subsection (c)(3); + and + ``(C) competitively neutral, technology neutral, and + nondiscriminatory with respect to other users of the + communications site.''. + + extension of grazing permits + + Sec. 417. The terms and conditions of section 325 of Public Law +108-108 (117 Stat. 1307), regarding grazing permits issued by the +Forest Service on any lands not subject to administration under section +402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), +shall remain in effect for fiscal year 2020. + + funding prohibition + + Sec. 418. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network is +designed to block access to pornography websites. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + + humane transfer and treatment of animals + + Sec. 419. (a) Notwithstanding any other provision of law, the +Secretary of the Interior, with respect to land administered by the +Bureau of Land Management, or the Secretary of Agriculture, with +respect to land administered by the Forest Service (referred to in this +section as the ``Secretary concerned''), may transfer excess wild +horses and burros that have been removed from land administered by the +Secretary concerned to other Federal, State, and local government +agencies for use as work animals. + (b) The Secretary concerned may make a transfer under subsection +(a) immediately on the request of a Federal, State, or local government +agency. + (c) An excess wild horse or burro transferred under subsection (a) +shall lose status as a wild free-roaming horse or burro (as defined in +section 2 of Public Law 92-195 (commonly known as the ``Wild Free- +Roaming Horses and Burros Act'') (16 U.S.C. 1332)). + (d) A Federal, State, or local government agency receiving an +excess wild horse or burro pursuant to subsection (a) shall not-- + (1) destroy the horse or burro in a manner that results in the + destruction of the horse or burro into a commercial product; + (2) sell or otherwise transfer the horse or burro in a manner + that results in the destruction of the horse or burro for + processing into a commercial product; or + (3) euthanize the horse or burro, except on the recommendation + of a licensed veterinarian in a case of severe injury, illness, or + advanced age. + (e) Amounts appropriated by this Act shall not be available for-- + (1) the destruction of any healthy, unadopted, and wild horse + or burro under the jurisdiction of the Secretary concerned + (including a contractor); or + (2) the sale of a wild horse or burro that results in the + destruction of the wild horse or burro for processing into a + commercial product. + + forest service facility realignment and enhancement authorization + extension + + Sec. 420. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d +note) shall be applied by substituting ``September 30, 2020'' for +``September 30, 2019''. + + use of american iron and steel + + Sec. 421. (a)(1) None of the funds made available by a State water +pollution control revolving fund as authorized by section 1452 of the +Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project +for the construction, alteration, maintenance, or repair of a public +water system or treatment works unless all of the iron and steel +products used in the project are produced in the United States. + (2) In this section, the term ``iron and steel'' products means the +following products made primarily of iron or steel: lined or unlined +pipes and fittings, manhole covers and other municipal castings, +hydrants, tanks, flanges, pipe clamps and restraints, valves, +structural steel, reinforced precast concrete, and construction +materials. + (b) Subsection (a) shall not apply in any case or category of cases +in which the Administrator of the Environmental Protection Agency (in +this section referred to as the ``Administrator'') finds that-- + (1) applying subsection (a) would be inconsistent with the + public interest; + (2) iron and steel products are not produced in the United + States in sufficient and reasonably available quantities and of a + satisfactory quality; or + (3) inclusion of iron and steel products produced in the United + States will increase the cost of the overall project by more than + 25 percent. + (c) If the Administrator receives a request for a waiver under this +section, the Administrator shall make available to the public on an +informal basis a copy of the request and information available to the +Administrator concerning the request, and shall allow for informal +public input on the request for at least 15 days prior to making a +finding based on the request. The Administrator shall make the request +and accompanying information available by electronic means, including +on the official public Internet Web site of the Environmental +Protection Agency. + (d) This section shall be applied in a manner consistent with +United States obligations under international agreements. + (e) The Administrator may retain up to 0.25 percent of the funds +appropriated in this Act for the Clean and Drinking Water State +Revolving Funds for carrying out the provisions described in subsection +(a)(1) for management and oversight of the requirements of this +section. + + rescission of funds + + Sec. 422. Any amounts made available for fiscal year 2020 pursuant +to section 8705(f)(2) of Public Law 115-334 as amended by this Act, are +hereby rescinded. + + john f. kennedy center reauthorization + + Sec. 423. Section 13 of the John F. Kennedy Center Act (20 U.S.C. +76r) is amended by striking subsections (a) and (b) and inserting the +following: + ``(a) Maintenance, Repair, and Security.--There is authorized to be +appropriated to the Board to carry out section 4(a)(1)(H), $25,690,000 +for fiscal year 2020. + ``(b) Capital Projects.--There is authorized to be appropriated to +the Board to carry out subparagraphs (F) and (G) of section 4(a)(1), +$17,800,000 for fiscal year 2020.''. + +local cooperator training agreements and transfers of excess equipment + and supplies for wildfires + + Sec. 424. The Secretary of the Interior is authorized to enter +into grants and cooperative agreements with volunteer fire departments, +rural fire departments, rangeland fire protection associations, and +similar organizations to provide for wildland fire training and +equipment, including supplies and communication devices. +Notwithstanding 121(c) of title 40, United States Code, or section 521 +of title 40, United States Code, the Secretary is further authorized to +transfer title to excess Department of the Interior firefighting +equipment no longer needed to carry out the functions of the +Department's wildland fire management program to such organizations. + + recreation fees + + Sec. 425. Section 810 of the Federal Lands Recreation Enhancement +Act (16 U.S.C. 6809) shall be applied by substituting ``October 1, +2021'' for ``September 30, 2019''. + + reprogramming guidelines + + Sec. 426. None of the funds made available in this Act, in this +and prior fiscal years, may be reprogrammed without the advance +approval of the House and Senate Committees on Appropriations in +accordance with the reprogramming procedures contained in the +explanatory statement described in section 4 (in the matter preceding +division A of this consolidated Act). + + project information + + Sec. 427. (a) Within 60 days of the submission of the fiscal year +2021 budget or by April 1, 2020, whichever comes first, the Secretary +of the Interior and the Secretary of Agriculture shall submit to the +Committees on Appropriations of the House of Representatives and the +Senate prioritized and detailed lists of Federal land acquisition +projects, and Forest Legacy projects, that have been identified by each +land management Agency. + (b) The Federal land acquisition project lists required by each +Agency in subsection (a) shall include individual projects for the +National Park Service, the U.S. Fish and Wildlife Service, the Bureau +of Land Management, and the U.S. Forest Service, and shall total for +each agency no less than 150 percent of the amount enacted for that +agency for the previous fiscal year. + + local contractors + + Sec. 428. Section 412 of Division E of Public Law 112-74 shall be +applied by substituting ``fiscal year 2020'' for ``fiscal year 2019''. + + shasta-trinity marina fee authority authorization extension + + Sec. 429. Section 422 of division F of Public Law 110-161 (121 +Stat 1844), as amended, shall be applied by substituting ``fiscal year +2020'' for ``fiscal year 2019''. + + interpretive association authorization extension + + Sec. 430. Section 426 of division G of Public Law 113-76 (16 +U.S.C. 565a-1 note) shall be applied by substituting ``September 30, +2020'' for ``September 30, 2019''. + + puerto rico schooling authorization extension + + Sec. 431. The authority provided by the 19th unnumbered paragraph +under heading ``Administrative Provisions, Forest Service'' in title +III of Public Law 109-54, as amended, shall be applied by substituting +``fiscal year 2020'' for ``fiscal year 2019''. + + forest botanical products fee collection authorization extension + + Sec. 432. Section 339 of the Department of the Interior and +Related Agencies Appropriations Act, 2000 (as enacted into law by +Public Law 106-113; 16 U.S.C. 528 note), as amended by section 335(6) +of Public Law 108-108 and section 432 of Public Law 113-76, shall be +applied by substituting ``fiscal year 2020'' for ``fiscal year 2019''. + + alaska native regional health entities authorization extension + + Sec. 433. Section 424(a) of the Consolidated Appropriations Act, +2014 (Public Law 113-76), as amended by section 428 of the Consolidated +Appropriations Act, 2018 (Public Law 115-141), shall be applied by +substituting ``October 1, 2020'' for ``October 1, 2019''. + + chesapeake bay initiative + + Sec. 434. Section 502(c) of the Chesapeake Bay Initiative Act of +1998 (Public Law 105-312; 54 U.S.C. 320101 note) shall be applied by +substituting ``fiscal year 2020'' for ``fiscal year 2019''. + + forest service budget restructure + + Sec. 435. (a) The Secretary of Agriculture shall establish the +``Forest Service Operations'' account not later than October 1, 2020, +for the necessary expenses of the Forest Service: (1) for the base +salary and expenses of employees in the Chief's Office, the Work +Environment and Performance Office, the Business Operations Deputy +Area, and the Chief Financial Officer's Office to carry out +administrative and general management support functions; (2) for the +costs of facility maintenance, repairs, and leases for buildings and +sites; (3) for the costs of utility and communication expenses, +business services, and information technology, including cybersecurity +requirements; and (4) for such other administrative support function +expenses necessary for the operation of the Forest Service. + (b) Subsequent to the establishment of the account under subsection +(a), the Secretary of Agriculture may execute appropriations of the +Department for fiscal year 2021 as provided pursuant to such +subsection, including any continuing appropriations made available for +fiscal year 2021 before enactment of a regular appropriations Act. + (c) Notwithstanding any other provision of law, the Secretary of +Agriculture may transfer any unobligated balances made available to the +Forest Service by this or prior appropriations Acts to the account +established under subsection (a) to carry out such subsection, and +shall notify the Committees on Appropriations of the Senate and the +House of Representatives within 5 days of such transfer: Provided, +That no amounts may be transferred from amounts that were made +available for wildfire suppression operations pursuant to section +251(b)(2)(F) of the Balanced Budget and Emergency Deficit Control Act +of 1985. + (d)(1) Not later than November 1, 2020, the Secretary of +Agriculture shall establish the preliminary baseline for application of +transfer authorities and submit the report specified in paragraph (2) +to the Committees on Appropriations for the Senate and the House of +Representatives. + (2) The report required in this subsection shall include-- + (A) a delineation of the amount and account of each + transfer made pursuant to subsection (b) or (c); + (B) a table for each appropriation with a separate column + to display the fiscal year 2020 enacted levels, adjustments + made by Congress, adjustments due to enacted rescissions, if + appropriate, and adjustments made pursuant to the transfer + authority in subsection (b) or (c), and the resulting fiscal + year level; + (C) a delineation in the table for each appropriation, + adjusted as described in paragraph (2), both by budget activity + and program, project, and activity as detailed in the Budget + Appendix; and + (D) an identification of funds directed for a specific + activity. + + timber sale requirements + + Sec. 436. No timber sale in Alaska's Region 10 shall be advertised +if the indicated rate is deficit (defined as the value of the timber is +not sufficient to cover all logging and stumpage costs and provide a +normal profit and risk allowance under the Forest Service's appraisal +process) when appraised using a residual value appraisal. The western +red cedar timber from those sales which is surplus to the needs of the +domestic processors in Alaska, shall be made available to domestic +processors in the contiguous 48 United States at prevailing domestic +prices. All additional western red cedar volume not sold to Alaska or +contiguous 48 United States domestic processors may be exported to +foreign markets at the election of the timber sale holder. All Alaska +yellow cedar may be sold at prevailing export prices at the election of +the timber sale holder. + + prohibition on use of funds + + Sec. 437. Notwithstanding any other provision of law, none of the +funds made available in this Act or any other Act may be used to +promulgate or implement any regulation requiring the issuance of +permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for +carbon dioxide, nitrous oxide, water vapor, or methane emissions +resulting from biological processes associated with livestock +production. + + greenhouse gas reporting restrictions + + Sec. 438. Notwithstanding any other provision of law, none of the +funds made available in this or any other Act may be used to implement +any provision in a rule, if that provision requires mandatory reporting +of greenhouse gas emissions from manure management systems. + + funding prohibition + + Sec. 439. None of the funds made available by this or any other +Act may be used to regulate the lead content of ammunition, ammunition +components, or fishing tackle under the Toxic Substances Control Act +(15 U.S.C. 2601 et seq.) or any other law. + + policies relating to biomass energy + + Sec. 440. To support the key role that forests in the United +States can play in addressing the energy needs of the United States, +the Secretary of Energy, the Secretary of Agriculture, and the +Administrator of the Environmental Protection Agency shall, consistent +with their missions, jointly-- + (1) ensure that Federal policy relating to forest bioenergy-- + (A) is consistent across all Federal departments and + agencies; and + (B) recognizes the full benefits of the use of forest + biomass for energy, conservation, and responsible forest + management; and + (2) establish clear and simple policies for the use of forest + biomass as an energy solution, including policies that-- + (A) reflect the carbon-neutrality of forest bioenergy and + recognize biomass as a renewable energy source, provided the + use of forest biomass for energy production does not cause + conversion of forests to non-forest use; + (B) encourage private investment throughout the forest + biomass supply chain, including in-- + (i) working forests; + (ii) harvesting operations; + (iii) forest improvement operations; + (iv) forest bioenergy production; + (v) wood products manufacturing; or + (vi) paper manufacturing; + (C) encourage forest management to improve forest health; + and + (D) recognize State initiatives to produce and use forest + biomass. + + small remote incinerators + + Sec. 441. None of the funds made available in this Act may be used +to implement or enforce the regulation issued on March 21, 2011 at 40 +CFR part 60 subparts CCCC and DDDD with respect to units in the State +of Alaska that are defined as ``small, remote incinerator'' units in +those regulations and, until a subsequent regulation is issued, the +Administrator shall implement the law and regulations in effect prior +to such date. + + chaco canyon + + Sec. 442. None of the funds made available by this Act may be used +to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et +seq, or to offer for oil and gas leasing, any Federal lands within the +withdrawal area identified on the map of the Chaco Culture National +Historical Park prepared by the Bureau of Land Management and dated +April 2, 2019, prior to the completion of the cultural resources +investigation identified in the explanatory statement described in +section 4 (in the matter preceding division A of this consolidated +Act). + + david r. obey northern great lakes visitor center + + Sec. 443. (a) Designation.--The Northern Great Lakes Visitor Center +located in Ashland, Wisconsin, the title to which is owned by the +Forest Service, shall be known and designated as the ``David R. Obey +Northern Great Lakes Visitor Center''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``David R. +Obey Northern Great Lakes Visitor Center''. + This division may be cited as the ``Department of the Interior, +Environment, and Related Agencies Appropriations Act, 2020''. + + DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020 + + TITLE I + + LEGISLATIVE BRANCH + + SENATE + + Expense Allowances + + For expense allowances of the Vice President, $18,760; the +President Pro Tempore of the Senate, $37,520; Majority Leader of the +Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip +of the Senate, $9,980; Minority Whip of the Senate, $9,980; President +Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority +Conference Committees, $4,690 for each Chairman; and Chairmen of the +Majority and Minority Policy Committees, $4,690 for each Chairman; in +all, $189,840. + For representation allowances of the Majority and Minority Leaders +of the Senate, $14,070 for each such Leader; in all, $28,140. + + Salaries, Officers and Employees + + For compensation of officers, employees, and others as authorized +by law, including agency contributions, $216,321,170, which shall be +paid from this appropriation as follows: + + office of the vice president + + For the Office of the Vice President, $2,533,000. + + office of the president pro tempore + + For the Office of the President Pro Tempore, $759,000. + + office of the president pro tempore emeritus + + For the Office of the President Pro Tempore Emeritus, $326,000. + + offices of the majority and minority leaders + + For Offices of the Majority and Minority Leaders, $5,506,000. + + offices of the majority and minority whips + + For Offices of the Majority and Minority Whips, $3,525,000. + + committee on appropriations + + For salaries of the Committee on Appropriations, $15,793,000. + + conference committees + + For the Conference of the Majority and the Conference of the +Minority, at rates of compensation to be fixed by the Chairman of each +such committee, $1,738,000 for each such committee; in all, $3,476,000. + + offices of the secretaries of the conference of the majority and the + conference of the minority + + For Offices of the Secretaries of the Conference of the Majority +and the Conference of the Minority, $862,000. + + policy committees + + For salaries of the Majority Policy Committee and the Minority +Policy Committee, $1,776,000 for each such committee; in all, +$3,552,000. + + office of the chaplain + + For Office of the Chaplain, $510,000. + + office of the secretary + + For Office of the Secretary, $26,818,000. + + office of the sergeant at arms and doorkeeper + + For Office of the Sergeant at Arms and Doorkeeper, $85,867,000. + + offices of the secretaries for the majority and minority + + For Offices of the Secretary for the Majority and the Secretary for +the Minority, $1,940,000. + + agency contributions and related expenses + + For agency contributions for employee benefits, as authorized by +law, and related expenses, $64,854,170. + + Office of the Legislative Counsel of the Senate + + For salaries and expenses of the Office of the Legislative Counsel +of the Senate, $6,397,000. + + Office of Senate Legal Counsel + + For salaries and expenses of the Office of Senate Legal Counsel, +$1,197,000. + +Expense Allowances of the Secretary of the Senate, Sergeant at Arms and +Doorkeeper of the Senate, and Secretaries for the Majority and Minority + of the Senate + + For expense allowances of the Secretary of the Senate, $7,110; +Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for +the Majority of the Senate, $7,110; Secretary for the Minority of the +Senate, $7,110; in all, $28,440. + + Contingent Expenses of the Senate + + inquiries and investigations + + For expenses of inquiries and investigations ordered by the Senate, +or conducted under paragraph 1 of rule XXVI of the Standing Rules of +the Senate, section 112 of the Supplemental Appropriations and +Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281, +96th Congress, agreed to March 11, 1980, $133,265,000, of which +$26,650,000 shall remain available until September 30, 2022. + + u.s. senate caucus on international narcotics control + + For expenses of the United States Senate Caucus on International +Narcotics Control, $508,000. + + secretary of the senate + + For expenses of the Office of the Secretary of the Senate, +$14,536,000 of which $11,436,000 shall remain available until September +30, 2024 and of which $3,100,000 shall remain available until expended. + + sergeant at arms and doorkeeper of the senate + + For expenses of the Office of the Sergeant at Arms and Doorkeeper +of the Senate, $128,753,000, which shall remain available until +September 30, 2024. + + miscellaneous items + + For miscellaneous items, $18,871,410 which shall remain available +until September 30, 2022. + + senators' official personnel and office expense account + + For Senators' Official Personnel and Office Expense Account, +$449,000,000 of which $20,128,950 shall remain available until +September 30, 2022 and of which $6,000,000 shall be allocated solely +for the purpose of providing financial compensation to Senate interns. + + official mail costs + + For expenses necessary for official mail costs of the Senate, +$300,000. + + Administrative Provision + +requiring amounts remaining in senators' official personnel and office + expense account to be used for deficit reduction or to reduce the + federal debt + + Sec. 101. Notwithstanding any other provision of law, any amounts +appropriated under this Act under the heading ``SENATE'' under the +heading ``Contingent Expenses of the Senate'' under the heading +``senators' official personnel and office expense account'' shall be +available for obligation only during the fiscal year or fiscal years +for which such amounts are made available. Any unexpended balances +under such allowances remaining after the end of the period of +availability shall be returned to the Treasury in accordance with the +undesignated paragraph under the center heading ``GENERAL PROVISION'' +under chapter XI of the Third Supplemental Appropriation Act, 1957 (2 +U.S.C. 4107) and used for deficit reduction (or, if there is no Federal +budget deficit after all such payments have been made, for reducing the +Federal debt, in such manner as the Secretary of the Treasury considers +appropriate). + + HOUSE OF REPRESENTATIVES + + Salaries and Expenses + + For salaries and expenses of the House of Representatives, +$1,370,725,000, as follows: + + House Leadership Offices + + For salaries and expenses, as authorized by law, $28,884,000, +including: Office of the Speaker, $8,295,000, including $25,000 for +official expenses of the Speaker; Office of the Majority Floor Leader, +$2,947,000, including $10,000 for official expenses of the Majority +Leader; Office of the Minority Floor Leader, $8,295,000, including +$10,000 for official expenses of the Minority Leader; Office of the +Majority Whip, including the Chief Deputy Majority Whip, $2,448,000, +including $5,000 for official expenses of the Majority Whip; Office of +the Minority Whip, including the Chief Deputy Minority Whip, +$2,219,000, including $5,000 for official expenses of the Minority +Whip; Republican Conference, $2,340,000; Democratic Caucus, $2,340,000: + Provided, That such amount for salaries and expenses shall remain +available from January 3, 2020 until January 2, 2021. + + Members' Representational Allowances + + Including Members' Clerk Hire, Official Expenses of Members, and + Official Mail + + For Members' representational allowances, including Members' clerk +hire, official expenses, and official mail, $615,000,000. + + Allowance for Compensation of Interns in Member Offices + + For the allowance established under section 120 of the Legislative +Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation +of interns who serve in the offices of Members of the House of +Representatives, $11,025,000, to remain available through December 31, +2020: Provided, That notwithstanding section 120(b) of such Act, an +office of a Member of the House of Representatives may use not more +than $25,000 of the allowance available under this heading during +calendar year 2020. + + Allowance for Compensation of Interns in House Leadership Offices + + For the allowance established under section 113 of this Act for the +compensation of interns who serve in House leadership offices, +$365,000, to remain available through December 31, 2020: Provided, +That of the amount provided under this heading, $200,000 shall be +available for the compensation of interns who serve in House leadership +offices of the majority, to be allocated among such offices by the +Speaker of the House of Representatives, and $165,000 shall be +available for the compensation of interns who serve in House leadership +offices of the minority, to be allocated among such offices by the +Minority Floor Leader. + + Committee Employees + + Standing Committees, Special and Select + + For salaries and expenses of standing committees, special and +select, authorized by House resolutions, $135,359,000: Provided, That +such amount shall remain available for such salaries and expenses until +December 31, 2020, except that $2,850,000 of such amount shall remain +available until expended for committee room upgrading. + + Committee on Appropriations + + For salaries and expenses of the Committee on Appropriations, +$24,269,000, including studies and examinations of executive agencies +and temporary personal services for such committee, to be expended in +accordance with section 202(b) of the Legislative Reorganization Act of +1946 and to be available for reimbursement to agencies for services +performed: Provided, That such amount shall remain available for such +salaries and expenses until December 31, 2020. + + Salaries, Officers and Employees + + For compensation and expenses of officers and employees, as +authorized by law, $231,903,000, including: for salaries and expenses +of the Office of the Clerk, including the positions of the Chaplain and +the Historian, and including not more than $25,000 for official +representation and reception expenses, of which not more than $20,000 +is for the Family Room and not more than $2,000 is for the Office of +the Chaplain, $30,766,000, of which $1,500,000 shall remain available +until expended; for salaries and expenses of the Office of the Sergeant +at Arms, including the position of Superintendent of Garages and the +Office of Emergency Management, and including not more than $3,000 for +official representation and reception expenses, $20,225,000, of which +$10,267,000 shall remain available until expended; for salaries and +expenses of the Office of the Chief Administrative Officer including +not more than $3,000 for official representation and reception +expenses, $153,550,000, of which $11,639,000 shall remain available +until expended; for salaries and expenses of the Office of Diversity +and Inclusion, $1,000,000; for salaries and expenses of the Office of +the Whistleblower Ombudsman, $750,000; for salaries and expenses of the +Office of the Inspector General, $5,019,000; for salaries and expenses +of the Office of General Counsel, $1,751,000; for salaries and expenses +of the Office of the Parliamentarian, including the Parliamentarian, +$2,000 for preparing the Digest of Rules, and not more than $1,000 for +official representation and reception expenses, $2,088,000; for +salaries and expenses of the Office of the Law Revision Counsel of the +House, $3,419,000; for salaries and expenses of the Office of the +Legislative Counsel of the House, $11,937,000; for salaries and +expenses of the Office of Interparliamentary Affairs, $814,000; for +other authorized employees, $584,000. + + Allowances and Expenses + + For allowances and expenses as authorized by House resolution or +law, $323,920,000, including: supplies, materials, administrative costs +and Federal tort claims, $1,526,000; official mail for committees, +leadership offices, and administrative offices of the House, $190,000; +Government contributions for health, retirement, Social Security, and +other applicable employee benefits, $294,377,000, to remain available +until March 31, 2021; salaries and expenses for Business Continuity and +Disaster Recovery, $17,668,000, of which $5,000,000 shall remain +available until expended; transition activities for new members and +staff, $4,489,000, to remain available until expended; Wounded Warrior +Program and the Congressional Gold Star Family Fellowship Program, +$3,000,000, to remain available until expended; Office of Congressional +Ethics, $1,670,000; and miscellaneous items including purchase, +exchange, maintenance, repair and operation of House motor vehicles, +interparliamentary receptions, and gratuities to heirs of deceased +employees of the House, $1,000,000. + + Administrative Provisions + +requiring amounts remaining in members' representational allowances to + be used for deficit reduction or to reduce the federal debt + + Sec. 110. (a) Notwithstanding any other provision of law, any +amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES-- +Salaries and Expenses--Members' Representational Allowances'' shall be +available only for fiscal year 2020. Any amount remaining after all +payments are made under such allowances for fiscal year 2020 shall be +deposited in the Treasury and used for deficit reduction (or, if there +is no Federal budget deficit after all such payments have been made, +for reducing the Federal debt, in such manner as the Secretary of the +Treasury considers appropriate). + (b) The Committee on House Administration of the House of +Representatives shall have authority to prescribe regulations to carry +out this section. + (c) As used in this section, the term ``Member of the House of +Representatives'' means a Representative in, or a Delegate or Resident +Commissioner to, the Congress. + + limitation on amount available to lease vehicles + + Sec. 111. None of the funds made available in this Act may be used +by the Chief Administrative Officer of the House of Representatives to +make any payments from any Members' Representational Allowance for the +leasing of a vehicle, excluding mobile district offices, in an +aggregate amount that exceeds $1,000 for the vehicle in any month. + + allowance for compensation of interns in member offices + + Sec. 112. (a) Section 120(f) of the Legislative Branch +Appropriations Act, 2019 (2 U.S.C. 5322a(f)) is amended by striking the +period at the end and inserting the following: ``, and such sums as may +be necessary for fiscal year 2020 and each succeeding fiscal year.''. + (b) Section 101(c)(2) of the Legislative Branch Appropriations Act, +1993 (2 U.S.C. 5507(c)(2)) is amended by striking ``and `Office of the +Attending Physician'.'' and inserting ```Office of the Attending +Physician', and `Allowance for Compensation of Interns in Member +Offices'.''. + (c) The amendments made by this section shall take effect as if +included in the enactment of section 120 of the Legislative Branch +Appropriations Act, 2019 (2 U.S.C. 5322a). + + allowance for compensation of interns in house leadership offices + + Sec. 113. (a) There is established for the House of Representatives +an allowance which shall be available for the compensation of interns +who serve in House leadership offices. + (b) Section 104(b) of the House of Representatives Administrative +Reform Technical Corrections Act (2 U.S.C. 5321(b)) shall apply with +respect to an intern who is compensated under the allowance under this +section in the same manner as such section applies with respect to an +intern who is compensated under the Members' Representational +Allowance. + (c) In this section-- + (1) the term ``House leadership office'' means, with respect to + a fiscal year, any office for which the appropriation for salaries + and expenses of the office for the fiscal year is provided under + the heading ``House Leadership Offices'' in the Act making + appropriations for the Legislative Branch for the fiscal year; and + (2) term ``intern'', with respect to a House leadership office, + has the meaning given such term with respect to a Member of the + House of Representatives in section 104(c)(2) of the House of + Representatives Administrative Reform Technical Corrections Act (2 + U.S.C. 5321(c)(2)). + (d) There are authorized to be appropriated to carry out this +section such sums as may be necessary for fiscal year 2020 and each +succeeding fiscal year. + (e) Section 101(c)(2) of the Legislative Branch Appropriations Act, +1993 (2 U.S.C. 5507(c)(2)), as amended by section 112(b), is further +amended by striking ``, and `Allowance for Compensation of Interns in +Member Offices'.'' and inserting ``, `Allowance for Compensation of +Interns in Member Offices', and `Allowance for Compensation of Interns +in House Leadership Offices'.''. + (f) This section and the amendments made by this section shall +apply with respect to fiscal year 2020 and each succeeding fiscal year. + + cybersecurity assistance for house of representatives + + Sec. 114. The head of any Federal entity that provides assistance +to the House of Representatives in the House's efforts to deter, +prevent, mitigate, or remediate cybersecurity risks to, and incidents +involving, the information systems of the House shall take all +necessary steps to ensure the constitutional integrity of the separate +branches of the government at all stages of providing the assistance, +including applying minimization procedures to limit the spread or +sharing of privileged House and Member information. + + rescissions of funds + + Sec. 115. (a) Of the unobligated balances available from prior +appropriations Acts from the revolving fund established under House +Resolution 94, Ninety-Eighth Congress, agreed to February 8, 1983, as +enacted into permanent law by section 110 of the Congressional +Operations Appropriations Act, 1984 (2 U.S.C. 4917), $1,000,000 is +hereby rescinded. + (b) Of the unobligated balances available from prior appropriations +Acts from the revolving fund established in the item relating to +``Stationery'' under the heading ``House of Representatives, Contingent +Expenses of the House'' in the first section of the Legislative Branch +Appropriation Act, 1948 (2 U.S.C. 5534), $4,000,000 is hereby +rescinded. + + use of available balances of expired appropriations + + (including transfer of funds) + + Sec. 116. (a) Subject to section 119 of the Legislative Branch +Appropriations Act, 2018 (2 U.S.C. 5511), available balances of expired +appropriations for the House of Representatives shall be available to +the House of Representatives-- + (1) for the payment of a death gratuity which is specifically + appropriated by law and which is made in connection with the death + of an employee of the House of Representatives, without regard to + the fiscal year in which the payment is made; and + (2) for deposit into the account established under section 109 + of the Legislative Branch Appropriations Act, 1998 (2 U.S.C. 5508) + for making payments of the House of Representatives to the + Employees' Compensation Fund under section 8147 of title 5, United + States Code, and for reimbursing the Secretary of Labor for any + amounts paid with respect to unemployment compensation payments for + former employees of the House. + (b) This section shall apply with respect to funds appropriated or +otherwise made available in fiscal year 2020 and each succeeding fiscal +year. + + reduction in amount of tuition charged for children of employees of + house child care center + + Sec. 117. (a) Section 312(d) of the Legislative Branch +Appropriations Act, 1992 (2 U.S.C. 2062(d)) is amended by adding at the +end the following new paragraph: + ``(4) In the case of a child of an employee of the center who + is furnished care at the center, the Chief Administrative Officer + shall reduce the amount of tuition otherwise charged with respect + to such child during a month by the greater of-- + ``(A) 50 percent; or + ``(B) such percentage as may be necessary to ensure that + the total amount of tuition paid by the employee with respect + to all children of the employee who are furnished care at the + center during the month does not exceed $1,000.''. + (b) Section 312(d)(2) of such Act (2 U.S.C. 2062(d)(2)) is amended +by inserting after ``similar benefits and programs'' the following: +``(including the subsidies provided on behalf of employees of the +center as a result of reductions in the amount of tuition otherwise +charged with respect to children of such employees under paragraph +(4))''. + (c) The amendments made by this section shall apply with respect to +fiscal year 2020 and each succeeding fiscal year. + + JOINT ITEMS + + For Joint Committees, as follows: + + Joint Economic Committee + + For salaries and expenses of the Joint Economic Committee, +$4,203,000, to be disbursed by the Secretary of the Senate. + + Joint Congressional Committee on Inaugural Ceremonies of 2021 + + For salaries and expenses associated with conducting the inaugural +ceremonies of the President and Vice President of the United States, +January 20, 2021, in accordance with such program as may be adopted by +the joint congressional committee authorized to conduct the inaugural +ceremonies of 2021, $1,500,000 to be disbursed by the Secretary of the +Senate and to remain available until September 30, 2021: Provided, +That funds made available under this heading shall be available for +payment, on a direct or reimbursable basis, whether incurred on, +before, or after, October 1, 2020: Provided further, That the +compensation of any employee of the Committee on Rules and +Administration of the Senate who has been designated to perform service +with respect to the inaugural ceremonies of 2021 shall continue to be +paid by the Committee on Rules and Administration, but the account from +which such staff member is paid may be reimbursed for the services of +the staff member out of funds made available under this heading: +Provided further, That there are authorized to be paid from the +appropriations account for ``Expenses of Inquiries and Investigations'' +of the Senate such sums as may be necessary, without fiscal year +limitation, for agency contributions related to the compensation of +employees of the joint congressional committee. + + Joint Committee on Taxation + + For salaries and expenses of the Joint Committee on Taxation, +$11,563,000, to be disbursed by the Chief Administrative Officer of the +House of Representatives. + For other joint items, as follows: + + Office of the Attending Physician + + For medical supplies, equipment, and contingent expenses of the +emergency rooms, and for the Attending Physician and his assistants, +including: + (1) an allowance of $2,175 per month to the Attending + Physician; + (2) an allowance of $1,300 per month to the Senior Medical + Officer; + (3) an allowance of $725 per month each to three medical + officers while on duty in the Office of the Attending Physician; + (4) an allowance of $725 per month to 2 assistants and $580 per + month each not to exceed 11 assistants on the basis heretofore + provided for such assistants; and + (5) $2,800,000 for reimbursement to the Department of the Navy + for expenses incurred for staff and equipment assigned to the + Office of the Attending Physician, which shall be advanced and + credited to the applicable appropriation or appropriations from + which such salaries, allowances, and other expenses are payable and + shall be available for all the purposes thereof, $3,868,000, to be + disbursed by the Chief Administrative Officer of the House of + Representatives. + + Office of Congressional Accessibility Services + + Salaries and Expenses + + For salaries and expenses of the Office of Congressional +Accessibility Services, $1,509,000, to be disbursed by the Secretary of +the Senate. + + CAPITOL POLICE + + Salaries + + For salaries of employees of the Capitol Police, including +overtime, hazardous duty pay, and Government contributions for health, +retirement, social security, professional liability insurance, and +other applicable employee benefits, $379,062,000 of which overtime +shall not exceed $47,048,000 unless the Committee on Appropriations of +the House and Senate are notified, to be disbursed by the Chief of the +Capitol Police or his designee. + + General Expenses + + For necessary expenses of the Capitol Police, including motor +vehicles, communications and other equipment, security equipment and +installation, uniforms, weapons, supplies, materials, training, medical +services, forensic services, stenographic services, personal and +professional services, the employee assistance program, the awards +program, postage, communication services, travel advances, relocation +of instructor and liaison personnel for the Federal Law Enforcement +Training Center, and not more than $5,000 to be expended on the +certification of the Chief of the Capitol Police in connection with +official representation and reception expenses, $85,279,000, to be +disbursed by the Chief of the Capitol Police or his designee: +Provided, That, notwithstanding any other provision of law, the cost of +basic training for the Capitol Police at the Federal Law Enforcement +Training Center for fiscal year 2020 shall be paid by the Secretary of +Homeland Security from funds available to the Department of Homeland +Security. + + Administrative Provision + + Sec. 120. Section 908(c) of the Emergency Supplemental Act, 2002 +(2 U.S.C. 1926(c)), is amended by striking ``$40,000'' and inserting +``$60,000''. + + + + OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS + + Salaries and Expenses + + For salaries and expenses necessary for the operation of the Office +of Congressional Workplace Rights, $6,333,000, of which $1,000,000 +shall remain available until September 30, 2021, and of which not more +than $1,000 may be expended on the certification of the Executive +Director in connection with official representation and reception +expenses. + + CONGRESSIONAL BUDGET OFFICE + + Salaries and Expenses + + For salaries and expenses necessary for operation of the +Congressional Budget Office, including not more than $6,000 to be +expended on the certification of the Director of the Congressional +Budget Office in connection with official representation and reception +expenses, $54,941,000: Provided, That the Director shall use not less +than $500,000 of the amount made available under this heading for (1) +improving technical systems, processes, and models for the purpose of +improving the transparency of estimates of budgetary effects to Members +of Congress, employees of Members of Congress, and the public, and (2) +to increase the availability of models, economic assumptions, and data +for Members of Congress, employees of Members of Congress, and the +public. + + ARCHITECT OF THE CAPITOL + + Capital Construction and Operations + + For salaries for the Architect of the Capitol, and other personal +services, at rates of pay provided by law; for all necessary expenses +for surveys and studies, construction, operation, and general and +administrative support in connection with facilities and activities +under the care of the Architect of the Capitol including the Botanic +Garden; electrical substations of the Capitol, Senate and House office +buildings, and other facilities under the jurisdiction of the Architect +of the Capitol; including furnishings and office equipment; including +not more than $5,000 for official reception and representation +expenses, to be expended as the Architect of the Capitol may approve; +for purchase or exchange, maintenance, and operation of a passenger +motor vehicle, $120,000,000. + + Capitol Building + + For all necessary expenses for the maintenance, care and operation +of the Capitol, $68,878,000, of which $40,899,000 shall remain +available until September 30, 2024. + + Capitol Grounds + + For all necessary expenses for care and improvement of grounds +surrounding the Capitol, the Senate and House office buildings, and the +Capitol Power Plant, $15,024,000, of which $3,000,000 shall remain +available until September 30, 2024. + + Senate Office Buildings + + For all necessary expenses for the maintenance, care and operation +of Senate office buildings; and furniture and furnishings to be +expended under the control and supervision of the Architect of the +Capitol, $88,424,000, of which $23,100,000 shall remain available until +September 30, 2024. + + House Office Buildings + + (including transfer of funds) + + For all necessary expenses for the maintenance, care and operation +of the House office buildings, $153,273,000, of which $30,300,000 shall +remain available until September 30, 2024, and of which $62,000,000 +shall remain available until expended for the restoration and +renovation of the Cannon House Office Building: Provided, That of the +amount made available under this heading, $8,000,000 shall be derived +by transfer from the House Office Building Fund established under +section 176(d) of the Continuing Appropriations Act, 2017, as added by +section 101(3) of the Further Continuing Appropriation Act, 2017 +(Public Law 114-254; 2 U.S.C. 2001 note). + + Capitol Power Plant + + For all necessary expenses for the maintenance, care and operation +of the Capitol Power Plant; lighting, heating, power (including the +purchase of electrical energy) and water and sewer services for the +Capitol, Senate and House office buildings, Library of Congress +buildings, and the grounds about the same, Botanic Garden, Senate +garage, and air conditioning refrigeration not supplied from plants in +any of such buildings; heating the Government Publishing Office and +Washington City Post Office, and heating and chilled water for air +conditioning for the Supreme Court Building, the Union Station complex, +the Thurgood Marshall Federal Judiciary Building and the Folger +Shakespeare Library, expenses for which shall be advanced or reimbursed +upon request of the Architect of the Capitol and amounts so received +shall be deposited into the Treasury to the credit of this +appropriation, $98,957,000, of which $15,300,000 shall remain available +until September 30, 2024: Provided, That not more than $10,000,000 of +the funds credited or to be reimbursed to this appropriation as herein +provided shall be available for obligation during fiscal year 2020. + + Library Buildings and Grounds + + For all necessary expenses for the mechanical and structural +maintenance, care and operation of the Library buildings and grounds, +$55,746,000, of which $25,200,000 shall remain available until +September 30, 2024. + + Capitol Police Buildings, Grounds and Security + + For all necessary expenses for the maintenance, care and operation +of buildings, grounds and security enhancements of the United States +Capitol Police, wherever located, the Alternate Computing Facility, and +Architect of the Capitol security operations, $55,216,000, of which +$28,000,000 shall remain available until September 30, 2024. + + Botanic Garden + + For all necessary expenses for the maintenance, care and operation +of the Botanic Garden and the nurseries, buildings, grounds, and +collections; and purchase and exchange, maintenance, repair, and +operation of a passenger motor vehicle; all under the direction of the +Joint Committee on the Library, $16,094,000, of which $4,000,000 shall +remain available until September 30, 2024: Provided, That, of the +amount made available under this heading, the Architect of the Capitol +may obligate and expend such sums as may be necessary for the +maintenance, care and operation of the National Garden established +under section 307E of the Legislative Branch Appropriations Act, 1989 +(2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol +or a duly authorized designee. + + Capitol Visitor Center + + For all necessary expenses for the operation of the Capitol Visitor +Center, $24,321,000. + + Administrative Provision + + no bonuses for contractors behind schedule or over budget + + Sec. 130. None of the funds made available in this Act for the +Architect of the Capitol may be used to make incentive or award +payments to contractors for work on contracts or programs for which the +contractor is behind schedule or over budget, unless the Architect of +the Capitol, or agency-employed designee, determines that any such +deviations are due to unforeseeable events, government-driven scope +changes, or are not significant within the overall scope of the project +and/or program. + + LIBRARY OF CONGRESS + + Salaries and Expenses + + For all necessary expenses of the Library of Congress not otherwise +provided for, including development and maintenance of the Library's +catalogs; custody and custodial care of the Library buildings; +information technology services provided centrally; special clothing; +cleaning, laundering and repair of uniforms; preservation of motion +pictures in the custody of the Library; operation and maintenance of +the American Folklife Center in the Library; preparation and +distribution of catalog records and other publications of the Library; +hire or purchase of one passenger motor vehicle; and expenses of the +Library of Congress Trust Fund Board not properly chargeable to the +income of any trust fund held by the Board, $504,164,000, of which not +more than $6,000,000 shall be derived from collections credited to this +appropriation during fiscal year 2020, and shall remain available until +expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 +U.S.C. 150): Provided, That the Library of Congress may not obligate +or expend any funds derived from collections under the Act of June 28, +1902, in excess of the amount authorized for obligation or expenditure +in appropriations Acts: Provided further, That the total amount +available for obligation shall be reduced by the amount by which +collections are less than $6,000,000: Provided further, That of the +total amount appropriated, not more than $18,000 may be expended, on +the certification of the Librarian of Congress, in connection with +official representation and reception expenses, including for the +Overseas Field Offices: Provided further, That of the total amount +appropriated, $9,110,000 shall remain available until expended for the +digital collections and educational curricula program: Provided +further, That of the total amount appropriated, $1,350,000 shall remain +available until expended for upgrade of the Legislative Branch +Financial Management System: Provided further, That of the total +amount appropriated, $250,000 shall remain available until expended for +the Surplus Books Program to promote the program and facilitate a +greater number of donations to eligible entities across the United +States: Provided further, That of the total amount appropriated, +$3,587,000 shall remain available until expended for the Veterans +History Project to continue digitization efforts of already collected +materials, reach a greater number of veterans to record their stories, +and promote public access to the Project: Provided further, That of +the total amount appropriated, $10,000,000 shall remain available until +expended for the development of the Library's Visitor Experience +project, and may be obligated and expended only upon approval by the +Subcommittee on the Legislative Branch of the Committee on +Appropriations of the House of Representatives and by the Subcommittee +on the Legislative Branch of the Committee on Appropriations of the +Senate. + + Copyright Office + + salaries and expenses + + For all necessary expenses of the Copyright Office, $91,840,000, of +which not more than $43,221,000, to remain available until expended, +shall be derived from collections credited to this appropriation during +fiscal year 2020 under sections 708(d) and 1316 of title 17, United +States Code: Provided, That the Copyright Office may not obligate or +expend any funds derived from collections under such section in excess +of the amount authorized for obligation or expenditure in +appropriations Acts: Provided further, That not more than $6,482,000 +shall be derived from collections during fiscal year 2020 under +sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title: +Provided further, That the total amount available for obligation shall +be reduced by the amount by which collections are less than +$49,703,000: Provided further, That of the funds provided under this +heading, not less than $17,100,000 is for modernization initiatives, of +which $10,000,000 shall remain available until September 30, 2021: +Provided further, That not more than $100,000 of the amount +appropriated is available for the maintenance of an ``International +Copyright Institute'' in the Copyright Office of the Library of +Congress for the purpose of training nationals of developing countries +in intellectual property laws and policies: Provided further, That not +more than $6,500 may be expended, on the certification of the Librarian +of Congress, in connection with official representation and reception +expenses for activities of the International Copyright Institute and +for copyright delegations, visitors, and seminars: Provided further, +That, notwithstanding any provision of chapter 8 of title 17, United +States Code, any amounts made available under this heading which are +attributable to royalty fees and payments received by the Copyright +Office pursuant to sections 111, 119, and chapter 10 of such title may +be used for the costs incurred in the administration of the Copyright +Royalty Judges program, with the exception of the costs of salaries and +benefits for the Copyright Royalty Judges and staff under section +802(e). + + Congressional Research Service + + salaries and expenses + + For all necessary expenses to carry out the provisions of section +203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to +revise and extend the Annotated Constitution of the United States of +America, $120,495,000: Provided, That no part of such amount may be +used to pay any salary or expense in connection with any publication, +or preparation of material therefor (except the Digest of Public +General Bills), to be issued by the Library of Congress unless such +publication has obtained prior approval of either the Committee on +House Administration of the House of Representatives or the Committee +on Rules and Administration of the Senate: Provided further, That this +prohibition does not apply to publication of non-confidential +Congressional Research Service (CRS) products: Provided further, That +a non-confidential CRS product includes any written product containing +research or analysis that is currently available for general +congressional access on the CRS Congressional Intranet, or that would +be made available on the CRS Congressional Intranet in the normal +course of business and does not include material prepared in response +to Congressional requests for confidential analysis or research. + + National Library Service for the Blind and Print Disabled + + salaries and expenses + + For all necessary expenses to carry out the Act of March 3, 1931 +(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,563,000: Provided, +That of the total amount appropriated, $650,000 shall be available to +contract to provide newspapers to blind and physically handicapped +residents at no cost to the individual. + + Administrative Provision + + reimbursable and revolving fund activities + + Sec. 140. (a) In General.--For fiscal year 2020, the obligational +authority of the Library of Congress for the activities described in +subsection (b) may not exceed $231,975,000. + (b) Activities.--The activities referred to in subsection (a) are +reimbursable and revolving fund activities that are funded from sources +other than appropriations to the Library in appropriations Acts for the +legislative branch. + + GOVERNMENT PUBLISHING OFFICE + + Congressional Publishing + + (including transfer of funds) + + For authorized publishing of congressional information and the +distribution of congressional information in any format; publishing of +Government publications authorized by law to be distributed to Members +of Congress; and publishing, and distribution of Government +publications authorized by law to be distributed without charge to the +recipient, $79,000,000: Provided, That this appropriation shall not be +available for paper copies of the permanent edition of the +Congressional Record for individual Representatives, Resident +Commissioners or Delegates authorized under section 906 of title 44, +United States Code: Provided further, That this appropriation shall be +available for the payment of obligations incurred under the +appropriations for similar purposes for preceding fiscal years: +Provided further, That notwithstanding the 2-year limitation under +section 718 of title 44, United States Code, none of the funds +appropriated or made available under this Act or any other Act for +printing and binding and related services provided to Congress under +chapter 7 of title 44, United States Code, may be expended to print a +document, report, or publication after the 27-month period beginning on +the date that such document, report, or publication is authorized by +Congress to be printed, unless Congress reauthorizes such printing in +accordance with section 718 of title 44, United States Code: Provided +further, That unobligated or unexpended balances of expired +discretionary funds made available under this heading in this Act for +this fiscal year may be transferred to, and merged with, funds under +the heading ``Government Publishing Office Business Operations +Revolving Fund'' no later than the end of the fifth fiscal year after +the last fiscal year for which such funds are available for the +purposes for which appropriated, to be available for carrying out the +purposes of this heading, subject to the approval of the Committee on +Appropriations of the House of Representatives and the Senate: +Provided further, That notwithstanding sections 901, 902, and 906 of +title 44, United States Code, this appropriation may be used to prepare +indexes to the Congressional Record on only a monthly and session +basis. + + Public Information Programs of the Superintendent of Documents + + salaries and expenses + + (including transfer of funds) + + For expenses of the public information programs of the Office of +Superintendent of Documents necessary to provide for the cataloging and +indexing of Government publications in any format, and their +distribution to the public, Members of Congress, other Government +agencies, and designated depository and international exchange +libraries as authorized by law, $31,296,000: Provided, That amounts of +not more than $2,000,000 from current year appropriations are +authorized for producing and disseminating Congressional serial sets +and other related publications for fiscal years 2018 and 2019 to +depository and other designated libraries: Provided further, That +unobligated or unexpended balances of expired discretionary funds made +available under this heading in this Act for this fiscal year may be +transferred to, and merged with, funds under the heading ``Government +Publishing Office Business Operations Revolving Fund'' no later than +the end of the fifth fiscal year after the last fiscal year for which +such funds are available for the purposes for which appropriated, to be +available for carrying out the purposes of this heading, subject to the +approval of the Committees on Appropriations of the House of +Representatives and the Senate. + + Government Publishing Office Business Operations Revolving Fund + + For payment to the Government Publishing Office Business Operations +Revolving Fund, $6,704,000, to remain available until expended, for +information technology development and facilities repair: Provided, +That the Government Publishing Office is hereby authorized to make such +expenditures, within the limits of funds available and in accordance +with law, and to make such contracts and commitments without regard to +fiscal year limitations as provided by section 9104 of title 31, United +States Code, as may be necessary in carrying out the programs and +purposes set forth in the budget for the current fiscal year for the +Government Publishing Office Business Operations Revolving Fund: +Provided further, That not more than $7,500 may be expended on the +certification of the Director of the Government Publishing Office in +connection with official representation and reception expenses: +Provided further, That the Business Operations Revolving Fund shall be +available for the hire or purchase of not more than 12 passenger motor +vehicles: Provided further, That expenditures in connection with +travel expenses of the advisory councils to the Director of the +Government Publishing Office shall be deemed necessary to carry out the +provisions of title 44, United States Code: Provided further, That the +Business Operations Revolving Fund shall be available for temporary or +intermittent services under section 3109(b) of title 5, United States +Code, but at rates for individuals not more than the daily equivalent +of the annual rate of basic pay for level V of the Executive Schedule +under section 5316 of such title: Provided further, That activities +financed through the Business Operations Revolving Fund may provide +information in any format: Provided further, That the Business +Operations Revolving Fund and the funds provided under the heading +``Public Information Programs of the Superintendent of Documents'' may +not be used for contracted security services at Government Publishing +Office's passport facility in the District of Columbia. + + GOVERNMENT ACCOUNTABILITY OFFICE + + Salaries and Expenses + + For necessary expenses of the Government Accountability Office, +including not more than $12,500 to be expended on the certification of +the Comptroller General of the United States in connection with +official representation and reception expenses; temporary or +intermittent services under section 3109(b) of title 5, United States +Code, but at rates for individuals not more than the daily equivalent +of the annual rate of basic pay for level IV of the Executive Schedule +under section 5315 of such title; hire of one passenger motor vehicle; +advance payments in foreign countries in accordance with section 3324 +of title 31, United States Code; benefits comparable to those payable +under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 +(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by +the Comptroller General of the United States, rental of living quarters +in foreign countries, $630,000,000: Provided, That, in addition, +$24,800,000 of payments received under sections 782, 791, 3521, and +9105 of title 31, United States Code, shall be available without fiscal +year limitation: Provided further, That this appropriation and +appropriations for administrative expenses of any other department or +agency which is a member of the National Intergovernmental Audit Forum +or a Regional Intergovernmental Audit Forum shall be available to +finance an appropriate share of either Forum's costs as determined by +the respective Forum, including necessary travel expenses of non- +Federal participants: Provided further, That payments hereunder to the +Forum may be credited as reimbursements to any appropriation from which +costs involved are initially financed. + + OPEN WORLD LEADERSHIP CENTER TRUST FUND + + For a payment to the Open World Leadership Center Trust Fund for +financing activities of the Open World Leadership Center under section +313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151), +$5,900,000: Provided, That funds made available to support Russian +participants shall only be used for those engaging in free market +development, humanitarian activities, and civic engagement, and shall +not be used for officials of the central government of Russia. + + JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT + + For payment to the John C. Stennis Center for Public Service +Development Trust Fund established under section 116 of the John C. +Stennis Center for Public Service Training and Development Act (2 +U.S.C. 1105), $430,000. + + TITLE II + + GENERAL PROVISIONS + + maintenance and care of private vehicles + + Sec. 201. No part of the funds appropriated in this Act shall be +used for the maintenance or care of private vehicles, except for +emergency assistance and cleaning as may be provided under regulations +relating to parking facilities for the House of Representatives issued +by the Committee on House Administration and for the Senate issued by +the Committee on Rules and Administration. + + fiscal year limitation + + Sec. 202. No part of the funds appropriated in this Act shall +remain available for obligation beyond fiscal year 2020 unless +expressly so provided in this Act. + + rates of compensation and designation + + Sec. 203. Whenever in this Act any office or position not +specifically established by the Legislative Pay Act of 1929 (46 Stat. +32 et seq.) is appropriated for or the rate of compensation or +designation of any office or position appropriated for is different +from that specifically established by such Act, the rate of +compensation and the designation in this Act shall be the permanent law +with respect thereto: Provided, That the provisions in this Act for +the various items of official expenses of Members, officers, and +committees of the Senate and House of Representatives, and clerk hire +for Senators and Members of the House of Representatives shall be the +permanent law with respect thereto. + + consulting services + + Sec. 204. The expenditure of any appropriation under this Act for +any consulting service through procurement contract, under section 3109 +of title 5, United States Code, shall be limited to those contracts +where such expenditures are a matter of public record and available for +public inspection, except where otherwise provided under existing law, +or under existing Executive order issued under existing law. + + costs of lbfmc + + Sec. 205. Amounts available for administrative expenses of any +legislative branch entity which participates in the Legislative Branch +Financial Managers Council (LBFMC) established by charter on March 26, +1996, shall be available to finance an appropriate share of LBFMC costs +as determined by the LBFMC, except that the total LBFMC costs to be +shared among all participating legislative branch entities (in such +allocations among the entities as the entities may determine) may not +exceed $2,000. + + limitation on transfers + + Sec. 206. None of the funds made available in this Act may be +transferred to any department, agency, or instrumentality of the United +States Government, except pursuant to a transfer made by, or transfer +authority provided in, this Act or any other appropriation Act. + + guided tours of the capitol + + Sec. 207. (a) Except as provided in subsection (b), none of the +funds made available to the Architect of the Capitol in this Act may be +used to eliminate or restrict guided tours of the United States Capitol +which are led by employees and interns of offices of Members of +Congress and other offices of the House of Representatives and Senate, +unless through regulations as authorized by section 402(b)(8) of the +Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)). + (b) At the direction of the Capitol Police Board, or at the +direction of the Architect of the Capitol with the approval of the +Capitol Police Board, guided tours of the United States Capitol which +are led by employees and interns described in subsection (a) may be +suspended temporarily or otherwise subject to restriction for security +or related reasons to the same extent as guided tours of the United +States Capitol which are led by the Architect of the Capitol. + + limitation on telecommunications equipment procurement + + Sec. 208. (a) None of the funds appropriated or otherwise made +available under this Act may be used to acquire telecommunications +equipment produced by Huawei Technologies Company, ZTE Corporation or a +high-impact or moderate-impact information system, as defined for +security categorization in the National Institute of Standards and +Technology's (NIST) Federal Information Processing Standard Publication +199, ``Standards for Security Categorization of Federal Information and +Information Systems'' unless the agency, office, or other entity +acquiring the equipment or system has-- + (1) reviewed the supply chain risk for the information systems + against criteria developed by NIST to inform acquisition decisions + for high-impact and moderate-impact information systems within the + Federal Government; + (2) reviewed the supply chain risk from the presumptive awardee + against available and relevant threat information provided by the + Federal Bureau of Investigation and other appropriate agencies; and + (3) in consultation with the Federal Bureau of Investigation or + other appropriate Federal entity, conducted an assessment of any + risk of cyber-espionage or sabotage associated with the acquisition + of such system, including any risk associated with such system + being produced, manufactured, or assembled by one or more entities + identified by the United States Government as posing a cyber + threat, including but not limited to, those that may be owned, + directed, or subsidized by the People's Republic of China, the + Islamic Republic of Iran, the Democratic People's Republic of + Korea, or the Russian Federation. + (b) None of the funds appropriated or otherwise made available +under this Act may be used to acquire a high-impact or moderate impact +information system reviewed and assessed under subsection (a) unless +the head of the assessing entity described in subsection (a) has-- + (1) developed, in consultation with NIST and supply chain risk + management experts, a mitigation strategy for any identified risks; + (2) determined, in consultation with NIST and the Federal + Bureau of Investigation, that the acquisition of such system is in + the vital national security interest of the United States; and + (3) reported that determination to the Committees on + Appropriations of the House of Representatives and the Senate in a + manner that identifies the system intended for acquisition and a + detailed description of the mitigation strategies identified in + paragraph (1), provided that such report may include a classified + annex as necessary. + + prohibition on certain operational expenses + + Sec. 209. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities or other official government +activities. + + plastic waste reduction + + Sec. 210. All agencies and offices funded by this division that +contract with a food service provider or providers shall confer and +coordinate with such food service provider or providers, in +consultation with disability advocacy groups, to eliminate or reduce +plastic waste, including waste from plastic straws, explore the use of +biodegradable items, and increase recycling and composting +opportunities. + + adjustment to normal cost percentage rates + + Sec. 211. Section 8423(a)(1)(B)(i) of title 5, United States Code, +is amended by inserting ``(including a separate normal-cost percentage +for Congressional employees that are members of the Capitol Police +covered under subsection (d) of section 8412 and subsection (c) of +section 8425)'' after ``Congressional employees''. + + congressional staff compensation + + Sec. 212. (a) Senate.-- + (1) Change in maximum rates.-- + (A) In general.--Section 105 of the Legislative Branch + Appropriation Act, 1968 (2 U.S.C. 4575) is amended-- + (i) in subsection (d)(2), in the second sentence, by + striking ``or in excess'' and all that follows through + ``per annum.'' and inserting ``or in excess of $173,900.''; + (ii) in subsection (e)(3)(B), by striking ``in excess + of'' and all that follows and inserting ``in excess of + $173,900.''; and + (iii) in subsection (f), in the first sentence, by + striking ``or in excess'' and all that follows through + ``unless expressly'' and inserting ``or in excess of + $173,900, unless expressly''. + (B) Authority for statutory employees.-- + (i) Fixed salary positions.--For any position for which + the Secretary of the Senate disburses the pay for the + position and for which the specific amount of the rate of + pay for the particular position is fixed by statute on the + day before the effective date of the amendments made by + this section, on and after such effective date the amount + of the rate of pay for such position shall be fixed by the + President pro tempore in an amount not to exceed the + maximum rate of pay in effect under section 105(f) of the + Legislative Branch Appropriation Act, 1968 (2 U.S.C. + 4575(f)). + (ii) Positions with maximums.--For any position for + which the Secretary of the Senate disburses the pay for the + position and for which the maximum rate of pay for the + particular position is fixed by statute on the day before + the effective date of the amendments made by this section, + on and after such effective date the maximum rate of pay + for such position shall be fixed by the President pro + tempore, which shall not exceed the maximum rate of pay in + effect under section 105(f) of the Legislative Branch + Appropriation Act, 1968 (2 U.S.C. 4575(f)). + (2) Adjustments.-- + (A) In general.--Section 4 of the Federal Pay Comparability + Act of 1970 (2 U.S.C. 4571) is amended-- + (i) in subsection (a)-- + + (I) in paragraph (1)-- + + (aa) in subparagraph (A), by striking ``or'' at + the end; and + (bb) by striking subparagraph (B) and inserting + the following: + ``(B) in the case of such personnel appointed to positions for + which the rates of pay for the particular positions were fixed by + or pursuant to law at specific rates on the day before the + effective date of the amendments made by section 212 of the + Legislative Branch Appropriations Act, 2020, adjust such rates; and + ``(C) in the case of such personnel appointed to positions for + which the maximum rates of pay for the particular positions were + fixed by or pursuant to law on the day before such effective date, + adjust such maximum rates; and''; and + + (II) in the matter following paragraph (2)-- + + (aa) by striking ``and with such exceptions as + may be necessary to provide for appropriate pay + relationships between positions''; and + (bb) by striking ``to restore'' and all that + follows through ``between positions.'' and + inserting ``to maintain the pay relationships that + existed on the effective date of the amendments + made by section 212 of the Legislative Branch + Appropriations Act, 2020 between the maximum rate + of pay for Senate personnel and Senators.''; and + (ii) in subsection (d), by striking ``to restore'' and + all that follows and inserting ``to maintain the pay + relationships that existed on the effective date of the + amendments made by section 212 of the Legislative Branch + Appropriations Act, 2020 between the maximum rate of pay + for Senate personnel and Senators.''. + (B) Other adjustments.--Section 315(a) of the Legislative + Branch Appropriations Act, 1991 (2 U.S.C. 4573(a)) is amended + by striking ``to the extent necessary to maintain'' and all + that follows and inserting ``(including such personnel + appointed to positions for which the specific amount of the + rate of pay for the particular position is fixed by statute on + the day before the effective date of the amendments made by + section 212 of the Legislative Branch Appropriations Act, 2020 + and such personnel appointed to positions for which the maximum + rates of pay for the particular positions were fixed by or + pursuant to law on the day before such effective date) to the + extent necessary to maintain the pay relationships that existed + on such effective date between the maximum rate of pay for + Senate personnel and Senators.''. + (3) Conforming amendments.-- + (A) Section 105 of the Legislative Branch Appropriation + Act, 1976 (Public Law 94-59; 89 Stat. 275) is repealed. + (B) Section 201(a)(5)(A) of the Congressional Budget Act of + 1974 (2 U.S.C. 601(a)(5)(A)) is amended by striking ``the lower + of--'' and all that follows and inserting ``the maximum rate of + pay in effect under section 105(f) of the Legislative Branch + Appropriation Act, 1968 (2 U.S.C. 4575(f)).''. + (C) Section 302(a)(2)(B) of the Congressional + Accountability Act of 1995 (2 U.S.C. 1382(a)(2)(B)) is amended + by striking ``the lesser of--'' and all that follows and + inserting ``the maximum rate of pay in effect under section + 105(f) of the Legislative Branch Appropriation Act, 1968 (2 + U.S.C. 4575(f)).''. + (D) The first section of the Act entitled ``An Act to fix + the annual rates of pay for the Architect of the Capitol and + the Assistant Architect of the Capitol'' (2 U.S.C. 1802) is + amended to read as follows: +``SEC. 1. COMPENSATION. + ``The compensation of the Architect of the Capitol shall be at an +annual rate which is equal to the maximum rate of pay in effect under +section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 +U.S.C. 4575(f)).''. + (E) Subsection (c) of the first section of the Act entitled + ``An Act to establish by law the position of Chief of the + Capitol Police, and for other purposes'' (2 U.S.C. 1902) is + amended by striking ``the lower of'' and all that follows and + inserting ``the maximum rate of pay in effect under section + 105(f) of the Legislative Branch Appropriation Act, 1968 (2 + U.S.C. 4575(f)).''. + (F) Senate Resolution 89, 100th Congress, agreed to January + 28, 1987, as enacted into law by section 9 of the Legislative + Branch Appropriations Act, 1990 (2 U.S.C. 6133), is amended in + subsection (a) of the first section by striking ``by the + appropriate Leader'' and all that follows and inserting ``by + the appropriate Leader.''. + (G) Section 2(a) of the Legislative Branch Appropriations + Act, 1988 (as enacted into law by section 101(i) of Public Law + 100-202 (101 Stat. 1329-290)) (2 U.S.C. 6651) is repealed. + (H) Section 203(g) of the Federal Legislative Salary Act of + 1964 (Public Law 88-426; 78 Stat. 415) is repealed. + (I) Section 701 of the Ethics in Government Act of 1978 (2 + U.S.C. 288) is amended-- + (i) by striking paragraph (4) of subsection (a); and + (ii) in subsection (b)(1), by striking the second + sentence. + (b) House of Representatives.-- + (1) Adjustments by speaker of the house.--Section 311(d) of the + Legislative Branch Appropriations Act, 1988 (as enacted into law by + section 101(i) of Public Law 100-202 (101 Stat. 1329-290)) (2 + U.S.C. 4532) is amended-- + (A) in paragraph (1)-- + (i) by striking ``and'' at the end of subparagraph (A); + (ii) by striking the period at the end of subparagraph + (B) and inserting ``; and''; and + (iii) by adding at the end the following new + subparagraph: + ``(C) the maintenance of the pay relationship described in + paragraph (3).''; + (B) by redesignating paragraph (3) as paragraph (4); and + (C) by inserting after paragraph (2) the following new + paragraph: + ``(3) The pay relationship described in this paragraph is the +relationship in existence as of the effective date of the amendments +made by section 212 of the Legislative Branch Appropriations Act, 2020 +between-- + ``(A) an annual rate of pay of $173,900; and + ``(B) the annual rate of pay of a Member of the House of + Representatives who is not the Speaker, Majority Leader, or + Minority Leader of the House.''. + (2) Pay adjustments by chief administrative officer.--Section + 4(e) of the Federal Pay Comparability Act of 1970 (2 U.S.C. + 4531(e)) is amended to read as follows: + ``(e) No rate of pay for any position shall be adjusted under this +section to an amount in excess of the rate of pay in effect for such +position under an order issued by the Speaker of the House of +Representatives pursuant to the authority of section 311(d) of the +Legislative Branch Appropriations Act, 1988 (2 U.S.C. 4532).''. + (3) Certain positions of the house of representatives.-- + (A) Legislative counsel.--Section 523 of the Legislative + Reorganization Act of 1970 (2 U.S.C. 282b) is amended-- + (i) in subsection (a), by striking ``equal to the rate + of basic pay'' and all that follows and inserting ``equal + to the greater of $173,900 or the rate of pay in effect for + such position under an order issued by the Speaker of the + House of Representatives pursuant to the authority of + section 311(d) of the Legislative Branch Appropriations + Act, 1988 (2 U.S.C. 4532).''; and + (ii) in subsection (b), by striking ``in excess of the + rate of basic pay'' and all that follows and inserting ``in + excess of the applicable rate of pay in effect under an + order issued by the Speaker of the House of Representatives + pursuant to the authority of section 311(d) of the + Legislative Branch Appropriations Act, 1988 (2 U.S.C. + 4532).''. + (B) Law revision counsel.--Section 205(f) of House + Resolution 988, 93rd Congress, agreed to October 8, 1974, as + enacted into law by the matter under the heading + ``Administrative Provisions'' under the heading ``HOUSE OF + REPRESENTATIVES'' under chapter III of title I of the + Supplemental Appropriations Act, 1975 (2 U.S.C. 285e), is + amended by striking ``Law Revision Counsel shall be paid'' and + all that follows and inserting ``Law Revision Counsel shall be + paid at a per annum gross rate determined by the Speaker not to + exceed the greater of $173,900 or the rate of pay in effect for + such position under an order issued by the Speaker pursuant to + the authority of section 311(d) of the Legislative Branch + Appropriations Act, 1988 (2 U.S.C. 4532); and members of the + staff of the Office other than the Law Revision Counsel shall + be paid at per annum gross rates fixed by the Law Revision + Counsel with the approval of the Speaker or in accordance with + policies approved by the Speaker, but not in excess of the + applicable rate of pay in effect under an order issued by the + Speaker pursuant to the authority of such section.''. + (C) Parliamentarian.--Section 4 of House Resolution 502, + 95th Congress, agreed to April 20, 1977, as enacted into law by + section 115 of the Legislative Branch Appropriation Act, 1978 + (2 U.S.C. 287c), is amended-- + (i) in subsection (a), by striking ``but not in + excess'' and all that follows and inserting ``but not in + excess of the greater of $173,900 or the rate of pay in + effect for such position under an order issued by the + Speaker of the House of Representatives pursuant to the + authority of section 311(d) of the Legislative Branch + Appropriations Act, 1988 (2 U.S.C. 4532).''; and + (ii) in subsection (b), by striking ``, but not in + excess of the rate of basic pay set forth in subsection + (a)'' and inserting ``but not in excess of the applicable + rate of pay in effect under an order issued by the Speaker + of the House of Representatives pursuant to the authority + of section 311(d) of the Legislative Branch Appropriations + Act, 1988 (2 U.S.C. 4532)''. + (D) Chaplain.--Section 3 of House Resolution 661, 95th + Congress, agreed to July 29, 1977, as enacted into law by + section 111 of the Legislative Branch Appropriation Act, 1979 + (2 U.S.C. 5521), is amended by striking section 3 and inserting + the following: + ``Sec. 3. The maximum per year gross rate of compensation of the +Chaplain of the House of Representatives shall not exceed the greater +of $173,900 or the rate of pay in effect for such position under an +order issued by the Speaker of the House of Representatives pursuant to +the authority of section 311(d) of the Legislative Branch +Appropriations Act, 1988 (2 U.S.C. 4532).''. + (E) Certain leadership employees.--Subsection (b) of the + first section of House Resolution 393, 95th Congress, agreed to + March 31, 1977, as enacted into law by section 115 of the + Legislative Branch Appropriation Act, 1978 (2 U.S.C. 5141(b)), + is amended by striking ``The annual rate'' and all that follows + through ``United States Code,'' and inserting the following: + ``The maximum annual rate of compensation for any individual + employed under subsection (a) shall not exceed the greater of + $173,900 or the applicable rate of pay in effect under an order + issued by the Speaker of the House of Representatives pursuant + to the authority of section 311(d) of the Legislative Branch + Appropriations Act, 1988 (2 U.S.C. 4532),''. + (4) Chief of staff of joint committee on taxation.--Section + 214(e) of the Postal Revenue and Federal Salary Act of 1967 (2 + U.S.C. 4302) is amended by striking ``The per annum rate of + compensation'' and all that follows through the period at the end + and inserting the following: ``The maximum annual rate of + compensation of the Chief of Staff of the Joint Committee on + Taxation shall not exceed the greater of $173,900 or the rate of + pay in effect for such position under an order issued by the + Speaker of the House of Representatives pursuant to the authority + of section 311(d) of the Legislative Branch Appropriations Act, + 1988 (2 U.S.C. 4532).''. + (c) 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 applicable pay period beginning + on or after January 1, 2020; or + (2) the first day of the first applicable pay period beginning + on or after the date of enactment of this Act. + This division may be cited as the ``Legislative Branch +Appropriations Act, 2020''. + + DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED + AGENCIES APPROPRIATIONS ACT, 2020 + + TITLE I + + DEPARTMENT OF DEFENSE + + Military Construction, Army + + For acquisition, construction, installation, and equipment of +temporary or permanent public works, military installations, +facilities, and real property for the Army as currently authorized by +law, including personnel in the Army Corps of Engineers and other +personal services necessary for the purposes of this appropriation, and +for construction and operation of facilities in support of the +functions of the Commander in Chief, $1,178,499,000, to remain +available until September 30, 2024: Provided, That, of this amount, +not to exceed $136,099,000 shall be available for study, planning, +design, architect and engineer services, and host nation support, as +authorized by law, unless the Secretary of the Army determines that +additional obligations are necessary for such purposes and notifies the +Committees on Appropriations of both Houses of Congress of the +determination and the reasons therefor. + + Military Construction, Navy and Marine Corps + + For acquisition, construction, installation, and equipment of +temporary or permanent public works, naval installations, facilities, +and real property for the Navy and Marine Corps as currently authorized +by law, including personnel in the Naval Facilities Engineering Command +and other personal services necessary for the purposes of this +appropriation, $2,449,632,000, to remain available until September 30, +2024: Provided, That, of this amount, not to exceed $178,715,000 shall +be available for study, planning, design, and architect and engineer +services, as authorized by law, unless the Secretary of the Navy +determines that additional obligations are necessary for such purposes +and notifies the Committees on Appropriations of both Houses of +Congress of the determination and the reasons therefor. + + Military Construction, Air Force + + For acquisition, construction, installation, and equipment of +temporary or permanent public works, military installations, +facilities, and real property for the Air Force as currently authorized +by law, $1,687,230,000, to remain available until September 30, 2024: +Provided, That, of this amount, not to exceed $153,148,000 shall be +available for study, planning, design, and architect and engineer +services, as authorized by law, unless the Secretary of the Air Force +determines that additional obligations are necessary for such purposes +and notifies the Committees on Appropriations of both Houses of +Congress of the determination and the reasons therefor. + + Military Construction, Defense-Wide + + (including transfer of funds) + + For acquisition, construction, installation, and equipment of +temporary or permanent public works, installations, facilities, and +real property for activities and agencies of the Department of Defense +(other than the military departments), as currently authorized by law, +$2,362,529,000, to remain available until September 30, 2024: +Provided, That such amounts of this appropriation as may be determined +by the Secretary of Defense may be transferred to such appropriations +of the Department of Defense available for military construction or +family housing as the Secretary may designate, to be merged with and to +be available for the same purposes, and for the same time period, as +the appropriation or fund to which transferred: Provided further, +That, of the amount, not to exceed $298,655,000 shall be available for +study, planning, design, and architect and engineer services, as +authorized by law, unless the Secretary of Defense determines that +additional obligations are necessary for such purposes and notifies the +Committees on Appropriations of both Houses of Congress of the +determination and the reasons therefor. + + Military Construction, Army National Guard + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the +Army National Guard, and contributions therefor, as authorized by +chapter 1803 of title 10, United States Code, and Military Construction +Authorization Acts, $210,819,000, to remain available until September +30, 2024: Provided, That, of the amount, not to exceed $20,469,000 +shall be available for study, planning, design, and architect and +engineer services, as authorized by law, unless the Director of the +Army National Guard determines that additional obligations are +necessary for such purposes and notifies the Committees on +Appropriations of both Houses of Congress of the determination and the +reasons therefor. + + Military Construction, Air National Guard + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the Air +National Guard, and contributions therefor, as authorized by chapter +1803 of title 10, United States Code, and Military Construction +Authorization Acts, $164,471,000, to remain available until September +30, 2024: Provided, That, of the amount, not to exceed $17,000,000 +shall be available for study, planning, design, and architect and +engineer services, as authorized by law, unless the Director of the Air +National Guard determines that additional obligations are necessary for +such purposes and notifies the Committees on Appropriations of both +Houses of Congress of the determination and the reasons therefor. + + Military Construction, Army Reserve + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the +Army Reserve as authorized by chapter 1803 of title 10, United States +Code, and Military Construction Authorization Acts, $60,928,000, to +remain available until September 30, 2024: Provided, That, of the +amount, not to exceed $6,000,000 shall be available for study, +planning, design, and architect and engineer services, as authorized by +law, unless the Chief of the Army Reserve determines that additional +obligations are necessary for such purposes and notifies the Committees +on Appropriations of both Houses of Congress of the determination and +the reasons therefor. + + Military Construction, Navy Reserve + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the +reserve components of the Navy and Marine Corps as authorized by +chapter 1803 of title 10, United States Code, and Military Construction +Authorization Acts, $54,955,000, to remain available until September +30, 2024: Provided, That, of the amount, not to exceed $4,780,000 +shall be available for study, planning, design, and architect and +engineer services, as authorized by law, unless the Secretary of the +Navy determines that additional obligations are necessary for such +purposes and notifies the Committees on Appropriations of both Houses +of Congress of the determination and the reasons therefor. + + Military Construction, Air Force Reserve + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the Air +Force Reserve as authorized by chapter 1803 of title 10, United States +Code, and Military Construction Authorization Acts, $59,750,000, to +remain available until September 30, 2024: Provided, That, of the +amount, not to exceed $4,604,000 shall be available for study, +planning, design, and architect and engineer services, as authorized by +law, unless the Chief of the Air Force Reserve determines that +additional obligations are necessary for such purposes and notifies the +Committees on Appropriations of both Houses of Congress of the +determination and the reasons therefor. + + North Atlantic Treaty Organization + + Security Investment Program + + For the United States share of the cost of the North Atlantic +Treaty Organization Security Investment Program for the acquisition and +construction of military facilities and installations (including +international military headquarters) and for related expenses for the +collective defense of the North Atlantic Treaty Area as authorized by +section 2806 of title 10, United States Code, and Military Construction +Authorization Acts, $172,005,000, to remain available until expended. + + Department of Defense Base Closure Account + + For deposit into the Department of Defense Base Closure Account, +established by section 2906(a) of the Defense Base Closure and +Realignment Act of 1990 (10 U.S.C. 2687 note), $398,526,000, to remain +available until expended. + + Family Housing Construction, Army + + For expenses of family housing for the Army for construction, +including acquisition, replacement, addition, expansion, extension, and +alteration, as authorized by law, $141,372,000, to remain available +until September 30, 2024. + + Family Housing Operation and Maintenance, Army + + For expenses of family housing for the Army for operation and +maintenance, including debt payment, leasing, minor construction, +principal and interest charges, and insurance premiums, as authorized +by law, $357,907,000. + + Family Housing Construction, Navy and Marine Corps + + For expenses of family housing for the Navy and Marine Corps for +construction, including acquisition, replacement, addition, expansion, +extension, and alteration, as authorized by law, $47,661,000, to remain +available until September 30, 2024. + + Family Housing Operation and Maintenance, Navy and Marine Corps + + For expenses of family housing for the Navy and Marine Corps for +operation and maintenance, including debt payment, leasing, minor +construction, principal and interest charges, and insurance premiums, +as authorized by law, $317,870,000. + + Family Housing Construction, Air Force + + For expenses of family housing for the Air Force for construction, +including acquisition, replacement, addition, expansion, extension, and +alteration, as authorized by law, $103,631,000, to remain available +until September 30, 2024. + + Family Housing Operation and Maintenance, Air Force + + For expenses of family housing for the Air Force for operation and +maintenance, including debt payment, leasing, minor construction, +principal and interest charges, and insurance premiums, as authorized +by law, $295,016,000. + + Family Housing Operation and Maintenance, Defense-Wide + + For expenses of family housing for the activities and agencies of +the Department of Defense (other than the military departments) for +operation and maintenance, leasing, and minor construction, as +authorized by law, $57,000,000. + + Department of Defense + + Family Housing Improvement Fund + + For the Department of Defense Family Housing Improvement Fund, +$3,045,000, to remain available until expended, for family housing +initiatives undertaken pursuant to section 2883 of title 10, United +States Code, providing alternative means of acquiring and improving +military family housing and supporting facilities. + + Department of Defense + + Military Unaccompanied Housing Improvement Fund + + For the Department of Defense Military Unaccompanied Housing +Improvement Fund, $500,000, to remain available until expended, for +unaccompanied housing initiatives undertaken pursuant to section 2883 +of title 10, United States Code, providing alternative means of +acquiring and improving military unaccompanied housing and supporting +facilities. + + Administrative Provisions + + Sec. 101. None of the funds made available in this title shall be +expended for payments under a cost-plus-a-fixed-fee contract for +construction, where cost estimates exceed $25,000, to be performed +within the United States, except Alaska, without the specific approval +in writing of the Secretary of Defense setting forth the reasons +therefor. + Sec. 102. Funds made available in this title for construction +shall be available for hire of passenger motor vehicles. + Sec. 103. Funds made available in this title for construction may +be used for advances to the Federal Highway Administration, Department +of Transportation, for the construction of access roads as authorized +by section 210 of title 23, United States Code, when projects +authorized therein are certified as important to the national defense +by the Secretary of Defense. + Sec. 104. None of the funds made available in this title may be +used to begin construction of new bases in the United States for which +specific appropriations have not been made. + Sec. 105. None of the funds made available in this title shall be +used for purchase of land or land easements in excess of 100 percent of +the value as determined by the Army Corps of Engineers or the Naval +Facilities Engineering Command, except: (1) where there is a +determination of value by a Federal court; (2) purchases negotiated by +the Attorney General or the designee of the Attorney General; (3) where +the estimated value is less than $25,000; or (4) as otherwise +determined by the Secretary of Defense to be in the public interest. + Sec. 106. None of the funds made available in this title shall be +used to: (1) acquire land; (2) provide for site preparation; or (3) +install utilities for any family housing, except housing for which +funds have been made available in annual Acts making appropriations for +military construction. + Sec. 107. None of the funds made available in this title for minor +construction may be used to transfer or relocate any activity from one +base or installation to another, without prior notification to the +Committees on Appropriations of both Houses of Congress. + Sec. 108. None of the funds made available in this title may be +used for the procurement of steel for any construction project or +activity for which American steel producers, fabricators, and +manufacturers have been denied the opportunity to compete for such +steel procurement. + Sec. 109. None of the funds available to the Department of Defense +for military construction or family housing during the current fiscal +year may be used to pay real property taxes in any foreign nation. + Sec. 110. None of the funds made available in this title may be +used to initiate a new installation overseas without prior notification +to the Committees on Appropriations of both Houses of Congress. + Sec. 111. None of the funds made available in this title may be +obligated for architect and engineer contracts estimated by the +Government to exceed $500,000 for projects to be accomplished in Japan, +in any North Atlantic Treaty Organization member country, or in +countries bordering the Arabian Gulf, unless such contracts are awarded +to United States firms or United States firms in joint venture with +host nation firms. + Sec. 112. None of the funds made available in this title for +military construction in the United States territories and possessions +in the Pacific and on Kwajalein Atoll, or in countries bordering the +Arabian Gulf, may be used to award any contract estimated by the +Government to exceed $1,000,000 to a foreign contractor: Provided, +That this section shall not be applicable to contract awards for which +the lowest responsive and responsible bid of a United States contractor +exceeds the lowest responsive and responsible bid of a foreign +contractor by greater than 20 percent: Provided further, That this +section shall not apply to contract awards for military construction on +Kwajalein Atoll for which the lowest responsive and responsible bid is +submitted by a Marshallese contractor. + Sec. 113. The Secretary of Defense shall inform the appropriate +committees of both Houses of Congress, including the Committees on +Appropriations, of plans and scope of any proposed military exercise +involving United States personnel 30 days prior to its occurring, if +amounts expended for construction, either temporary or permanent, are +anticipated to exceed $100,000. + Sec. 114. Funds appropriated to the Department of Defense for +construction in prior years shall be available for construction +authorized for each such military department by the authorizations +enacted into law during the current session of Congress. + Sec. 115. For military construction or family housing projects +that are being completed with funds otherwise expired or lapsed for +obligation, expired or lapsed funds may be used to pay the cost of +associated supervision, inspection, overhead, engineering and design on +those projects and on subsequent claims, if any. + Sec. 116. Notwithstanding any other provision of law, any funds +made available to a military department or defense agency for the +construction of military projects may be obligated for a military +construction project or contract, or for any portion of such a project +or contract, at any time before the end of the fourth fiscal year after +the fiscal year for which funds for such project were made available, +if the funds obligated for such project: (1) are obligated from funds +available for military construction projects; and (2) do not exceed the +amount appropriated for such project, plus any amount by which the cost +of such project is increased pursuant to law. + + (including transfer of funds) + + Sec. 117. Subject to 30 days prior notification, or 14 days for a +notification provided in an electronic medium pursuant to sections 480 +and 2883 of title 10, United States Code, to the Committees on +Appropriations of both Houses of Congress, such additional amounts as +may be determined by the Secretary of Defense may be transferred to: +(1) the Department of Defense Family Housing Improvement Fund from +amounts appropriated for construction in ``Family Housing'' accounts, +to be merged with and to be available for the same purposes and for the +same period of time as amounts appropriated directly to the Fund; or +(2) the Department of Defense Military Unaccompanied Housing +Improvement Fund from amounts appropriated for construction of military +unaccompanied housing in ``Military Construction'' accounts, to be +merged with and to be available for the same purposes and for the same +period of time as amounts appropriated directly to the Fund: Provided, +That appropriations made available to the Funds shall be available to +cover the costs, as defined in section 502(5) of the Congressional +Budget Act of 1974, of direct loans or loan guarantees issued by the +Department of Defense pursuant to the provisions of subchapter IV of +chapter 169 of title 10, United States Code, pertaining to alternative +means of acquiring and improving military family housing, military +unaccompanied housing, and supporting facilities. + + (including transfer of funds) + + Sec. 118. In addition to any other transfer authority available to +the Department of Defense, amounts may be transferred from the +Department of Defense Base Closure Account to the fund established by +section 1013(d) of the Demonstration Cities and Metropolitan +Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated +with the Homeowners Assistance Program incurred under 42 U.S.C. +3374(a)(1)(A). Any amounts transferred shall be merged with and be +available for the same purposes and for the same time period as the +fund to which transferred. + Sec. 119. Notwithstanding any other provision of law, funds made +available in this title for operation and maintenance of family housing +shall be the exclusive source of funds for repair and maintenance of +all family housing units, including general or flag officer quarters: +Provided, That not more than $35,000 per unit may be spent annually for +the maintenance and repair of any general or flag officer quarters +without 30 days prior notification, or 14 days for a notification +provided in an electronic medium pursuant to sections 480 and 2883 of +title 10, United States Code, to the Committees on Appropriations of +both Houses of Congress, except that an after-the-fact notification +shall be submitted if the limitation is exceeded solely due to costs +associated with environmental remediation that could not be reasonably +anticipated at the time of the budget submission: Provided further, +That the Under Secretary of Defense (Comptroller) is to report annually +to the Committees on Appropriations of both Houses of Congress all +operation and maintenance expenditures for each individual general or +flag officer quarters for the prior fiscal year. + Sec. 120. Amounts contained in the Ford Island Improvement Account +established by subsection (h) of section 2814 of title 10, United +States Code, are appropriated and shall be available until expended for +the purposes specified in subsection (i)(1) of such section or until +transferred pursuant to subsection (i)(3) of such section. + + (including transfer of funds) + + Sec. 121. During the 5-year period after appropriations available +in this Act to the Department of Defense for military construction and +family housing operation and maintenance and construction have expired +for obligation, upon a determination that such appropriations will not +be necessary for the liquidation of obligations or for making +authorized adjustments to such appropriations for obligations incurred +during the period of availability of such appropriations, unobligated +balances of such appropriations may be transferred into the +appropriation ``Foreign Currency Fluctuations, Construction, Defense'', +to be merged with and to be available for the same time period and for +the same purposes as the appropriation to which transferred. + + (including transfer of funds) + + Sec. 122. Amounts appropriated or otherwise made available in an +account funded under the headings in this title may be transferred +among projects and activities within the account in accordance with the +reprogramming guidelines for military construction and family housing +construction contained in Department of Defense Financial Management +Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect +on the date of enactment of this Act. + Sec. 123. None of the funds made available in this title may be +obligated or expended for planning and design and construction of +projects at Arlington National Cemetery. + Sec. 124. For an additional amount for the accounts and in the +amounts specified, to remain available until September 30, 2024: + ``Military Construction, Army'', $79,500,000; + ``Military Construction, Navy and Marine Corps'', $374,529,000; + ``Military Construction, Air Force'', $288,200,000; + ``Military Construction, Army National Guard'', $155,000,000; + ``Military Construction, Air National Guard'', $57,000,000; + ``Military Construction, Air Force Reserve'', $24,800,000; and + ``Military Construction, Defense-Wide'', $66,880,000: + Provided, That such funds may only be obligated to carry out +construction projects identified in the respective military +department's unfunded priority list for fiscal year 2020 submitted to +Congress: Provided further, That such projects are subject to +authorization prior to obligation and expenditure of funds to carry out +construction: Provided further, That not later than 30 days after +enactment of this Act, the Secretary of the military department +concerned, or his or her designee, shall submit to the Committees on +Appropriations of both Houses of Congress an expenditure plan for funds +provided under this section. + + (rescissions of funds) + + Sec. 125. Of the unobligated balances available to the Department +of Defense from prior appropriation Acts, the following funds are +hereby rescinded from the following accounts in the amounts specified: + ``Military Construction, Defense-Wide'', $45,055,000; and + ``NATO Security Investment Program'', $25,000,000: + Provided, That no amounts may be rescinded from amounts that were +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism or as an emergency requirement pursuant to a +concurrent resolution on the budget or the Balanced Budget and +Emergency Deficit Control Act of 1985, as amended. + Sec. 126. For the purposes of this Act, the term ``congressional +defense committees'' means the Committees on Armed Services of the +House of Representatives and the Senate, the Subcommittee on Military +Construction and Veterans Affairs of the Committee on Appropriations of +the Senate, and the Subcommittee on Military Construction and Veterans +Affairs of the Committee on Appropriations of the House of +Representatives. + Sec. 127. None of the funds made available by this Act may be used +to carry out the closure or realignment of the United States Naval +Station, Guantanamo Bay, Cuba. + Sec. 128. Notwithstanding any other provision of law, none of the +funds appropriated or otherwise made available by this or any other Act +may be used to consolidate or relocate any element of a United States +Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron +Engineer (RED HORSE) outside of the United States until the Secretary +of the Air Force: (1) completes an analysis and comparison of the cost +and infrastructure investment required to consolidate or relocate a RED +HORSE squadron outside of the United States versus within the United +States; (2) provides to the Committees on Appropriations of both Houses +of Congress (``the Committees'') a report detailing the findings of the +cost analysis; and (3) certifies in writing to the Committees that the +preferred site for the consolidation or relocation yields the greatest +savings for the Air Force: Provided, That the term ``United States'' +in this section does not include any territory or possession of the +United States. + Sec. 129. All amounts appropriated to the ``Department of +Defense--Military Construction, Army'', ``Department of Defense-- +Military Construction, Navy and Marine Corps'', ``Department of +Defense--Military Construction, Air Force'', and ``Department of +Defense--Military Construction, Defense-Wide'' accounts pursuant to the +authorization of appropriations in a National Defense Authorization Act +specified for fiscal year 2020 in the funding table in section 4601 of +that Act shall be immediately available and allotted to contract for +the full scope of authorized projects. + Sec. 130. For an additional amount for the accounts and in the +amounts specified for planning and design, for improving military +installation resilience, to remain available until September 30, 2024: + ``Military Construction, Army'', $20,000,000; + ``Military Construction, Navy and Marine Corps'', $35,000,000; + and + ``Military Construction, Air Force'', $20,000,000: + Provided, That not later than 60 days after enactment of this Act, +the Secretary of the military department concerned, or his or her +designee, shall submit to the Committees on Appropriations of both +Houses of Congress an expenditure plan for funds provided under this +section: Provided further, That the Secretary of the military +department concerned may not obligate or expend any funds prior to +approval by the Committees on Appropriations of both Houses of Congress +of the expenditure plan required by this section. + Sec. 131. For an additional amount for the accounts and in the +amounts specified, to remain available until September 30, 2021: + ``Family Housing Operation and Maintenance, Army'', + $50,000,000; + ``Family Housing Operation and Maintenance, Navy and Marine + Corps'', $59,600,000; and + ``Family Housing Operation and Maintenance, Air Force'', + $31,200,000. + + TITLE II + + DEPARTMENT OF VETERANS AFFAIRS + + Veterans Benefits Administration + + compensation and pensions + + (including transfer of funds) + + For the payment of compensation benefits to or on behalf of +veterans and a pilot program for disability examinations as authorized +by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, +United States Code; pension benefits to or on behalf of veterans as +authorized by chapters 15, 51, 53, 55, and 61 of title 38, United +States Code; and burial benefits, the Reinstated Entitlement Program +for Survivors, emergency and other officers' retirement pay, adjusted- +service credits and certificates, payment of premiums due on commercial +life insurance policies guaranteed under the provisions of title IV of +the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and +for other benefits as authorized by sections 107, 1312, 1977, and 2106, +and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, +$1,439,931,000, which shall be in addition to funds previously +appropriated under this heading that became available on October 1, +2019; and, $118,246,975,000 shall become available on October 1, 2020: +Provided, That not to exceed $18,147,000 of the amount made available +for fiscal year 2021 under this heading shall be reimbursed to +``General Operating Expenses, Veterans Benefits Administration'', and +``Information Technology Systems'' for necessary expenses in +implementing the provisions of chapters 51, 53, and 55 of title 38, +United States Code, the funding source for which is specifically +provided as the ``Compensation and Pensions'' appropriation: Provided +further, That such sums as may be earned on an actual qualifying +patient basis, shall be reimbursed to ``Medical Care Collections Fund'' +to augment the funding of individual medical facilities for nursing +home care provided to pensioners as authorized. + + readjustment benefits + + For the payment of readjustment and rehabilitation benefits to or +on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, +36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, +$12,578,965,000, to remain available until expended and to become +available on October 1, 2020: Provided, That expenses for +rehabilitation program services and assistance which the Secretary is +authorized to provide under subsection (a) of section 3104 of title 38, +United States Code, other than under paragraphs (1), (2), (5), and (11) +of that subsection, shall be charged to this account. + + veterans insurance and indemnities + + For military and naval insurance, national service life insurance, +servicemen's indemnities, service-disabled veterans insurance, and +veterans mortgage life insurance as authorized by chapters 19 and 21 of +title 38, United States Code, $17,620,000, which shall be in addition +to funds previously appropriated under this heading that became +available on October 1, 2019, to remain available until expended; and, +in addition, $129,224,000, shall become available on October 1, 2020, +and shall remain available until expended. + + veterans housing benefit program fund + + For the cost of direct and guaranteed loans, such sums as may be +necessary to carry out the program, as authorized by subchapters I +through III of chapter 37 of title 38, United States Code: Provided, +That such costs, including the cost of modifying such loans, shall be +as defined in section 502 of the Congressional Budget Act of 1974: +Provided further, That, during fiscal year 2020, within the resources +available, not to exceed $500,000 in gross obligations for direct loans +are authorized for specially adapted housing loans. + In addition, for administrative expenses to carry out the direct +and guaranteed loan programs, $200,377,391. + + vocational rehabilitation loans program account + + For the cost of direct loans, $57,729, as authorized by chapter 31 +of title 38, United States Code: Provided, That such costs, including +the cost of modifying such loans, shall be as defined in section 502 of +the Congressional Budget Act of 1974: Provided further, That funds +made available under this heading are available to subsidize gross +obligations for the principal amount of direct loans not to exceed +$2,008,232. + In addition, for administrative expenses necessary to carry out the +direct loan program, $401,880, which may be paid to the appropriation +for ``General Operating Expenses, Veterans Benefits Administration''. + + native american veteran housing loan program account + + For administrative expenses to carry out the direct loan program +authorized by subchapter V of chapter 37 of title 38, United States +Code, $1,186,000. + + general operating expenses, veterans benefits administration + + For necessary operating expenses of the Veterans Benefits +Administration, not otherwise provided for, including hire of passenger +motor vehicles, reimbursement of the General Services Administration +for security guard services, and reimbursement of the Department of +Defense for the cost of overseas employee mail, $3,125,000,000: +Provided, That expenses for services and assistance authorized under +paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, +United States Code, that the Secretary of Veterans Affairs determines +are necessary to enable entitled veterans: (1) to the maximum extent +feasible, to become employable and to obtain and maintain suitable +employment; or (2) to achieve maximum independence in daily living, +shall be charged to this account: Provided further, That, of the funds +made available under this heading, not to exceed 10 percent shall +remain available until September 30, 2021. + + Veterans Health Administration + + medical services + + For necessary expenses for furnishing, as authorized by law, +inpatient and outpatient care and treatment to beneficiaries of the +Department of Veterans Affairs and veterans described in section +1705(a) of title 38, United States Code, including care and treatment +in facilities not under the jurisdiction of the Department, and +including medical supplies and equipment, bioengineering services, food +services, and salaries and expenses of healthcare employees hired under +title 38, United States Code, assistance and support services for +caregivers as authorized by section 1720G of title 38, United States +Code, loan repayments authorized by section 604 of the Caregivers and +Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124 +Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances +authorized by section 322(d) of title 38, United States Code, grants +authorized by section 521A of title 38, United States Code, and +administrative expenses necessary to carry out sections 322(d) and 521A +of title 38, United States Code, and hospital care and medical services +authorized by section 1787 of title 38, United States Code; +$56,158,015,000, plus reimbursements, shall become available on October +1, 2020, and shall remain available until September 30, 2021: +Provided, That, of the amount made available on October 1, 2020, under +this heading, $1,500,000,000 shall remain available until September 30, +2022: Provided further, That, notwithstanding any other provision of +law, the Secretary of Veterans Affairs shall establish a priority for +the provision of medical treatment for veterans who have service- +connected disabilities, lower income, or have special needs: Provided +further, That, notwithstanding any other provision of law, the +Secretary of Veterans Affairs shall give priority funding for the +provision of basic medical benefits to veterans in enrollment priority +groups 1 through 6: Provided further, That, notwithstanding any other +provision of law, the Secretary of Veterans Affairs may authorize the +dispensing of prescription drugs from Veterans Health Administration +facilities to enrolled veterans with privately written prescriptions +based on requirements established by the Secretary: Provided further, +That the implementation of the program described in the previous +proviso shall incur no additional cost to the Department of Veterans +Affairs: Provided further, That the Secretary of Veterans Affairs +shall ensure that sufficient amounts appropriated under this heading +for medical supplies and equipment are available for the acquisition of +prosthetics designed specifically for female veterans: Provided +further, That of the amount that became available on October 1, 2019, +under this heading, not less than $585,000,000 shall be for gender- +specific care for women. + + medical community care + + For necessary expenses for furnishing health care to individuals +pursuant to chapter 17 of title 38, United States Code, at non- +Department facilities, $4,521,400,000, which shall be in addition to +funds previously appropriated under this heading that became available +on October 1, 2019; and, in addition, $17,131,179,000, plus +reimbursements, shall become available on October 1, 2020, and shall +remain available until September 30, 2021: Provided, That, of the +amount made available on October 1, 2020, under this heading, +$2,000,000,000 shall remain available until September 30, 2022: +Provided further, That $615,000,000 of the additional amounts provided +for fiscal year 2020 under this heading in this Act shall be derived by +transfer from the Veterans Choice Fund pursuant to the authority in +section 802(c)(4) of the Veterans Access, Choice, and Accountability +Act of 2014, as amended (38 U.S.C. 1701 note), from prior year +unobligated balances in that Fund that were provided by section 510 of +the VA MISSION Act of 2018 (Public Law 115-182). + + medical support and compliance + + For necessary expenses in the administration of the medical, +hospital, nursing home, domiciliary, construction, supply, and research +activities, as authorized by law; administrative expenses in support of +capital policy activities; and administrative and legal expenses of the +Department for collecting and recovering amounts owed the Department as +authorized under chapter 17 of title 38, United States Code, and the +Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), $98,800,000 +which shall be in addition to funds previously appropriated under this +heading that became available on October 1, 2019; and, in addition, +$7,914,191,000, plus reimbursements, shall become available on October +1, 2020, and shall remain available until September 30, 2021: +Provided, That, of the amount made available on October 1, 2020, under +this heading, $150,000,000 shall remain available until September 30, +2022. + + medical facilities + + For necessary expenses for the maintenance and operation of +hospitals, nursing homes, domiciliary facilities, and other necessary +facilities of the Veterans Health Administration; for administrative +expenses in support of planning, design, project management, real +property acquisition and disposition, construction, and renovation of +any facility under the jurisdiction or for the use of the Department; +for oversight, engineering, and architectural activities not charged to +project costs; for repairing, altering, improving, or providing +facilities in the several hospitals and homes under the jurisdiction of +the Department, not otherwise provided for, either by contract or by +the hire of temporary employees and purchase of materials; for leases +of facilities; and for laundry services; $6,433,265,000, plus +reimbursements, shall become available on October 1, 2020, and shall +remain available until September 30, 2021: Provided, That, of the +amount made available on October 1, 2020, under this heading, +$250,000,000 shall remain available until September 30, 2022. + + medical and prosthetic research + + For necessary expenses in carrying out programs of medical and +prosthetic research and development as authorized by chapter 73 of +title 38, United States Code, $800,000,000, plus reimbursements, shall +remain available until September 30, 2021: Provided, That the +Secretary of Veterans Affairs shall ensure that sufficient amounts +appropriated under this heading are available for prosthetic research +specifically for female veterans, and for toxic exposure research. + + National Cemetery Administration + + For necessary expenses of the National Cemetery Administration for +operations and maintenance, not otherwise provided for, including +uniforms or allowances therefor; cemeterial expenses as authorized by +law; purchase of one passenger motor vehicle for use in cemeterial +operations; hire of passenger motor vehicles; and repair, alteration or +improvement of facilities under the jurisdiction of the National +Cemetery Administration, $329,000,000, of which not to exceed 10 +percent shall remain available until September 30, 2021. + + Departmental Administration + + general administration + + (including transfer of funds) + + For necessary operating expenses of the Department of Veterans +Affairs, not otherwise provided for, including administrative expenses +in support of Department-wide capital planning, management and policy +activities, uniforms, or allowances therefor; not to exceed $25,000 for +official reception and representation expenses; hire of passenger motor +vehicles; and reimbursement of the General Services Administration for +security guard services, $355,911,000, of which not to exceed 10 +percent shall remain available until September 30, 2021: Provided, +That funds provided under this heading may be transferred to ``General +Operating Expenses, Veterans Benefits Administration''. + + board of veterans appeals + + For necessary operating expenses of the Board of Veterans Appeals, +$182,000,000, of which not to exceed 10 percent shall remain available +until September 30, 2021. + + information technology systems + + (including transfer of funds) + + For necessary expenses for information technology systems and +telecommunications support, including developmental information systems +and operational information systems; for pay and associated costs; and +for the capital asset acquisition of information technology systems, +including management and related contractual costs of said +acquisitions, including contractual costs associated with operations +authorized by section 3109 of title 5, United States Code, +$4,371,615,000, plus reimbursements: Provided, That $1,204,238,000 +shall be for pay and associated costs, of which not to exceed 3 percent +shall remain available until September 30, 2021: Provided further, +That $2,739,597,000 shall be for operations and maintenance, of which +not to exceed 5 percent shall remain available until September 30, +2021: Provided further, That $427,780,000 shall be for information +technology systems development, and shall remain available until +September 30, 2021: Provided further, That amounts made available for +salaries and expenses, operations and maintenance, and information +technology systems development may be transferred among the three +subaccounts after the Secretary of Veterans Affairs requests from the +Committees on Appropriations of both Houses of Congress the authority +to make the transfer and an approval is issued: Provided further, That +amounts made available for the ``Information Technology Systems'' +account for development may be transferred among projects or to newly +defined projects: Provided further, That no project may be increased +or decreased by more than $1,000,000 of cost prior to submitting a +request to the Committees on Appropriations of both Houses of Congress +to make the transfer and an approval is issued, or absent a response, a +period of 30 days has elapsed: Provided further, That the funds made +available under this heading for information technology systems +development shall be for the projects, and in the amounts, specified +under this heading in the explanatory statement described in section 4 +(in the matter preceding division A of this consolidated Act). + + veterans electronic health record + + For activities related to implementation, preparation, development, +interface, management, rollout, and maintenance of a Veterans +Electronic Health Record system, including contractual costs associated +with operations authorized by section 3109 of title 5, United States +Code, and salaries and expenses of employees hired under titles 5 and +38, United States Code, $1,500,000,000, to remain available until +September 30, 2022: Provided, That the Secretary of Veterans Affairs +shall submit to the Committees on Appropriations of both Houses of +Congress quarterly reports detailing obligations, expenditures, and +deployment implementation by facility: Provided further, That the +funds provided in this account shall only be available to the Office of +the Deputy Secretary, to be administered by that Office: Provided +further, That none of the funds made available under this heading may +be obligated in a manner inconsistent with deployment schedules +provided to the Committees on Appropriations unless the Secretary of +Veterans Affairs provides notification to the Committees on +Appropriations of such change and an approval is issued. + + office of inspector general + + For necessary expenses of the Office of Inspector General, to +include information technology, in carrying out the provisions of the +Inspector General Act of 1978 (5 U.S.C. App.), $210,000,000, of which +not to exceed 10 percent shall remain available until September 30, +2021. + + construction, major projects + + For constructing, altering, extending, and improving any of the +facilities, including parking projects, under the jurisdiction or for +the use of the Department of Veterans Affairs, or for any of the +purposes set forth in sections 316, 2404, 2406 and chapter 81 of title +38, United States Code, not otherwise provided for, including planning, +architectural and engineering services, construction management +services, maintenance or guarantee period services costs associated +with equipment guarantees provided under the project, services of +claims analysts, offsite utility and storm drainage system construction +costs, and site acquisition, where the estimated cost of a project is +more than the amount set forth in section 8104(a)(3)(A) of title 38, +United States Code, or where funds for a project were made available in +a previous major project appropriation, $1,235,200,000, of which +$1,036,600,000 shall remain available until September 30, 2024, and of +which $198,600,000 shall remain available until expended, of which +$35,000,000 shall be available for seismic improvement projects and +seismic program management activities, including for projects that +would otherwise be funded by the Construction, Minor Projects, Medical +Facilities or National Cemetery Administration accounts: Provided, +That except for advance planning activities, including needs +assessments which may or may not lead to capital investments, and other +capital asset management related activities, including portfolio +development and management activities, and investment strategy studies +funded through the advance planning fund and the planning and design +activities funded through the design fund, including needs assessments +which may or may not lead to capital investments, and funds provided +for the purchase, security, and maintenance of land for the National +Cemetery Administration through the land acquisition line item, none of +the funds made available under this heading shall be used for any +project that has not been notified to Congress through the budgetary +process or that has not been approved by the Congress through statute, +joint resolution, or in the explanatory statement accompanying such Act +and presented to the President at the time of enrollment: Provided +further, That such sums as may be necessary shall be available to +reimburse the ``General Administration'' account for payment of +salaries and expenses of all Office of Construction and Facilities +Management employees to support the full range of capital +infrastructure services provided, including minor construction and +leasing services: Provided further, That funds made available under +this heading for fiscal year 2020, for each approved project shall be +obligated: (1) by the awarding of a construction documents contract by +September 30, 2020; and (2) by the awarding of a construction contract +by September 30, 2021: Provided further, That the Secretary of +Veterans Affairs shall promptly submit to the Committees on +Appropriations of both Houses of Congress a written report on any +approved major construction project for which obligations are not +incurred within the time limitations established above: Provided +further, That notwithstanding the requirements of section 8104(a) of +title 38, United States Code, amounts made available under this heading +for seismic improvement projects and seismic program management +activities shall be available for the completion of both new and +existing seismic projects of the Department. + + construction, minor projects + + For constructing, altering, extending, and improving any of the +facilities, including parking projects, under the jurisdiction or for +the use of the Department of Veterans Affairs, including planning and +assessments of needs which may lead to capital investments, +architectural and engineering services, maintenance or guarantee period +services costs associated with equipment guarantees provided under the +project, services of claims analysts, offsite utility and storm +drainage system construction costs, and site acquisition, or for any of +the purposes set forth in sections 316, 2404, 2406 and chapter 81 of +title 38, United States Code, not otherwise provided for, where the +estimated cost of a project is equal to or less than the amount set +forth in section 8104(a)(3)(A) of title 38, United States Code, +$398,800,000, to remain available until September 30, 2024, along with +unobligated balances of previous ``Construction, Minor Projects'' +appropriations which are hereby made available for any project where +the estimated cost is equal to or less than the amount set forth in +such section: Provided, That funds made available under this heading +shall be for: (1) repairs to any of the nonmedical facilities under the +jurisdiction or for the use of the Department which are necessary +because of loss or damage caused by any natural disaster or +catastrophe; and (2) temporary measures necessary to prevent or to +minimize further loss by such causes. + + grants for construction of + state extended care facilities + + For grants to assist States to acquire or construct State nursing +home and domiciliary facilities and to remodel, modify, or alter +existing hospital, nursing home, and domiciliary facilities in State +homes, for furnishing care to veterans as authorized by sections 8131 +through 8137 of title 38, United States Code, $90,000,000, to remain +available until expended. + + grants for construction of veterans cemeteries + + For grants to assist States and tribal organizations in +establishing, expanding, or improving veterans cemeteries as authorized +by section 2408 of title 38, United States Code, $45,000,000, to remain +available until expended. + + Administrative Provisions + + (including transfer of funds) + + Sec. 201. Any appropriation for fiscal year 2020 for +``Compensation and Pensions'', ``Readjustment Benefits'', and +``Veterans Insurance and Indemnities'' may be transferred as necessary +to any other of the mentioned appropriations: Provided, That, before a +transfer may take place, the Secretary of Veterans Affairs shall +request from the Committees on Appropriations of both Houses of +Congress the authority to make the transfer and such Committees issue +an approval, or absent a response, a period of 30 days has elapsed. + + (including transfer of funds) + + Sec. 202. Amounts made available for the Department of Veterans +Affairs for fiscal year 2020, in this or any other Act, under the +``Medical Services'', ``Medical Community Care'', ``Medical Support and +Compliance'', and ``Medical Facilities'' accounts may be transferred +among the accounts: Provided, That any transfers among the ``Medical +Services'', ``Medical Community Care'', and ``Medical Support and +Compliance'' accounts of 1 percent or less of the total amount +appropriated to the account in this or any other Act may take place +subject to notification from the Secretary of Veterans Affairs to the +Committees on Appropriations of both Houses of Congress of the amount +and purpose of the transfer: Provided further, That any transfers +among the ``Medical Services'', ``Medical Community Care'', and +``Medical Support and Compliance'' accounts in excess of 1 percent, or +exceeding the cumulative 1 percent for the fiscal year, may take place +only after the Secretary requests from the Committees on Appropriations +of both Houses of Congress the authority to make the transfer and an +approval is issued: Provided further, That any transfers to or from +the ``Medical Facilities'' account may take place only after the +Secretary requests from the Committees on Appropriations of both Houses +of Congress the authority to make the transfer and an approval is +issued. + Sec. 203. Appropriations available in this title for salaries and +expenses shall be available for services authorized by section 3109 of +title 5, United States Code; hire of passenger motor vehicles; lease of +a facility or land or both; and uniforms or allowances therefore, as +authorized by sections 5901 through 5902 of title 5, United States +Code. + Sec. 204. No appropriations in this title (except the +appropriations for ``Construction, Major Projects'', and +``Construction, Minor Projects'') shall be available for the purchase +of any site for or toward the construction of any new hospital or home. + Sec. 205. No appropriations in this title shall be available for +hospitalization or examination of any persons (except beneficiaries +entitled to such hospitalization or examination under the laws +providing such benefits to veterans, and persons receiving such +treatment under sections 7901 through 7904 of title 5, United States +Code, or the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the +cost of such hospitalization or examination is made to the ``Medical +Services'' account at such rates as may be fixed by the Secretary of +Veterans Affairs. + Sec. 206. Appropriations available in this title for +``Compensation and Pensions'', ``Readjustment Benefits'', and +``Veterans Insurance and Indemnities'' shall be available for payment +of prior year accrued obligations required to be recorded by law +against the corresponding prior year accounts within the last quarter +of fiscal year 2019. + Sec. 207. Appropriations available in this title shall be +available to pay prior year obligations of corresponding prior year +appropriations accounts resulting from sections 3328(a), 3334, and +3712(a) of title 31, United States Code, except that if such +obligations are from trust fund accounts they shall be payable only +from ``Compensation and Pensions''. + + (including transfer of funds) + + Sec. 208. Notwithstanding any other provision of law, during +fiscal year 2020, the Secretary of Veterans Affairs shall, from the +National Service Life Insurance Fund under section 1920 of title 38, +United States Code, the Veterans' Special Life Insurance Fund under +section 1923 of title 38, United States Code, and the United States +Government Life Insurance Fund under section 1955 of title 38, United +States Code, reimburse the ``General Operating Expenses, Veterans +Benefits Administration'' and ``Information Technology Systems'' +accounts for the cost of administration of the insurance programs +financed through those accounts: Provided, That reimbursement shall be +made only from the surplus earnings accumulated in such an insurance +program during fiscal year 2020 that are available for dividends in +that program after claims have been paid and actuarially determined +reserves have been set aside: Provided further, That if the cost of +administration of such an insurance program exceeds the amount of +surplus earnings accumulated in that program, reimbursement shall be +made only to the extent of such surplus earnings: Provided further, +That the Secretary shall determine the cost of administration for +fiscal year 2020 which is properly allocable to the provision of each +such insurance program and to the provision of any total disability +income insurance included in that insurance program. + Sec. 209. Amounts deducted from enhanced-use lease proceeds to +reimburse an account for expenses incurred by that account during a +prior fiscal year for providing enhanced-use lease services, may be +obligated during the fiscal year in which the proceeds are received. + + (including transfer of funds) + + Sec. 210. Funds available in this title or funds for salaries and +other administrative expenses shall also be available to reimburse the +Office of Resolution Management, the Office of Employment +Discrimination Complaint Adjudication, and the Office of Diversity and +Inclusion for all services provided at rates which will recover actual +costs but not to exceed $57,263,000 for the Office of Resolution +Management, $6,000,000 for the Office of Employment Discrimination +Complaint Adjudication, and $4,628,000 for the Office of Diversity and +Inclusion: Provided, That payments may be made in advance for services +to be furnished based on estimated costs: Provided further, That +amounts received shall be credited to the ``General Administration'' +and ``Information Technology Systems'' accounts for use by the office +that provided the service. + Sec. 211. No funds of the Department of Veterans Affairs shall be +available for hospital care, nursing home care, or medical services +provided to any person under chapter 17 of title 38, United States +Code, for a non-service-connected disability described in section +1729(a)(2) of such title, unless that person has disclosed to the +Secretary of Veterans Affairs, in such form as the Secretary may +require, current, accurate third-party reimbursement information for +purposes of section 1729 of such title: Provided, That the Secretary +may recover, in the same manner as any other debt due the United +States, the reasonable charges for such care or services from any +person who does not make such disclosure as required: Provided +further, That any amounts so recovered for care or services provided in +a prior fiscal year may be obligated by the Secretary during the fiscal +year in which amounts are received. + + (including transfer of funds) + + Sec. 212. Notwithstanding any other provision of law, proceeds or +revenues derived from enhanced-use leasing activities (including +disposal) may be deposited into the ``Construction, Major Projects'' +and ``Construction, Minor Projects'' accounts and be used for +construction (including site acquisition and disposition), alterations, +and improvements of any medical facility under the jurisdiction or for +the use of the Department of Veterans Affairs. Such sums as realized +are in addition to the amount provided for in ``Construction, Major +Projects'' and ``Construction, Minor Projects''. + Sec. 213. Amounts made available under ``Medical Services'' are +available-- + (1) for furnishing recreational facilities, supplies, and + equipment; and + (2) for funeral expenses, burial expenses, and other expenses + incidental to funerals and burials for beneficiaries receiving care + in the Department. + + (including transfer of funds) + + Sec. 214. Such sums as may be deposited to the Medical Care +Collections Fund pursuant to section 1729A of title 38, United States +Code, may be transferred to the ``Medical Services'' and ``Medical +Community Care'' accounts to remain available until expended for the +purposes of these accounts. + Sec. 215. The Secretary of Veterans Affairs may enter into +agreements with Federally Qualified Health Centers in the State of +Alaska and Indian tribes and tribal organizations which are party to +the Alaska Native Health Compact with the Indian Health Service, to +provide healthcare, including behavioral health and dental care, to +veterans in rural Alaska. The Secretary shall require participating +veterans and facilities to comply with all appropriate rules and +regulations, as established by the Secretary. The term ``rural Alaska'' +shall mean those lands which are not within the boundaries of the +municipality of Anchorage or the Fairbanks North Star Borough. + + (including transfer of funds) + + Sec. 216. Such sums as may be deposited to the Department of +Veterans Affairs Capital Asset Fund pursuant to section 8118 of title +38, United States Code, may be transferred to the ``Construction, Major +Projects'' and ``Construction, Minor Projects'' accounts, to remain +available until expended for the purposes of these accounts. + Sec. 217. Not later than 30 days after the end of each fiscal +quarter, the Secretary of Veterans Affairs shall submit to the +Committees on Appropriations of both Houses of Congress a report on the +financial status of the Department of Veterans Affairs for the +preceding quarter: Provided, That, at a minimum, the report shall +include the direction contained in the paragraph entitled ``Quarterly +reporting'', under the heading ``General Administration'' in the joint +explanatory statement accompanying Public Law 114-223. + + (including transfer of funds) + + Sec. 218. Amounts made available under the ``Medical Services'', +``Medical Community Care'', ``Medical Support and Compliance'', +``Medical Facilities'', ``General Operating Expenses, Veterans Benefits +Administration'', ``Board of Veterans Appeals'', ``General +Administration'', and ``National Cemetery Administration'' accounts for +fiscal year 2020 may be transferred to or from the ``Information +Technology Systems'' account: Provided, That such transfers may not +result in a more than 10 percent aggregate increase in the total amount +made available by this Act for the ``Information Technology Systems'' +account: Provided further, That, before a transfer may take place, the +Secretary of Veterans Affairs shall request from the Committees on +Appropriations of both Houses of Congress the authority to make the +transfer and an approval is issued. + + (including transfer of funds) + + Sec. 219. Of the amounts appropriated to the Department of +Veterans Affairs for fiscal year 2020 for ``Medical Services'', +``Medical Community Care'', ``Medical Support and Compliance'', +``Medical Facilities'', ``Construction, Minor Projects'', and +``Information Technology Systems'', up to $314,409,000, plus +reimbursements, may be transferred to the Joint Department of Defense-- +Department of Veterans Affairs Medical Facility Demonstration Fund, +established by section 1704 of the National Defense Authorization Act +for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be +used for operation of the facilities designated as combined Federal +medical facilities as described by section 706 of the Duncan Hunter +National Defense Authorization Act for Fiscal Year 2009 (Public Law +110-417; 122 Stat. 4500): Provided, That additional funds may be +transferred from accounts designated in this section to the Joint +Department of Defense--Department of Veterans Affairs Medical Facility +Demonstration Fund upon written notification by the Secretary of +Veterans Affairs to the Committees on Appropriations of both Houses of +Congress: Provided further, That section 220 of title II of division C +of Public Law 115-244 is repealed. + + (including transfer of funds) + + Sec. 220. Of the amounts appropriated to the Department of +Veterans Affairs which become available on October 1, 2020, for +``Medical Services'', ``Medical Community Care'', ``Medical Support and +Compliance'', and ``Medical Facilities'', up to $322,931,000, plus +reimbursements, may be transferred to the Joint Department of Defense-- +Department of Veterans Affairs Medical Facility Demonstration Fund, +established by section 1704 of the National Defense Authorization Act +for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be +used for operation of the facilities designated as combined Federal +medical facilities as described by section 706 of the Duncan Hunter +National Defense Authorization Act for Fiscal Year 2009 (Public Law +110-417; 122 Stat. 4500): Provided, That additional funds may be +transferred from accounts designated in this section to the Joint +Department of Defense--Department of Veterans Affairs Medical Facility +Demonstration Fund upon written notification by the Secretary of +Veterans Affairs to the Committees on Appropriations of both Houses of +Congress. + + (including transfer of funds) + + Sec. 221. Such sums as may be deposited to the Medical Care +Collections Fund pursuant to section 1729A of title 38, United States +Code, for healthcare provided at facilities designated as combined +Federal medical facilities as described by section 706 of the Duncan +Hunter National Defense Authorization Act for Fiscal Year 2009 (Public +Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer +to the Joint Department of Defense--Department of Veterans Affairs +Medical Facility Demonstration Fund, established by section 1704 of the +National Defense Authorization Act for Fiscal Year 2010 (Public Law +111-84; 123 Stat. 3571); and (2) for operations of the facilities +designated as combined Federal medical facilities as described by +section 706 of the Duncan Hunter National Defense Authorization Act for +Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That, +notwithstanding section 1704(b)(3) of the National Defense +Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. +2573), amounts transferred to the Joint Department of Defense-- +Department of Veterans Affairs Medical Facility Demonstration Fund +shall remain available until expended. + + (including transfer of funds) + + Sec. 222. Of the amounts available in this title for ``Medical +Services'', ``Medical Community Care'', ``Medical Support and +Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 +shall be transferred to the DOD-VA Health Care Sharing Incentive Fund, +as authorized by section 8111(d) of title 38, United States Code, to +remain available until expended, for any purpose authorized by section +8111 of title 38, United States Code. + Sec. 223. None of the funds available to the Department of +Veterans Affairs, in this or any other Act, may be used to replace the +current system by which the Veterans Integrated Service Networks select +and contract for diabetes monitoring supplies and equipment. + Sec. 224. The Secretary of Veterans Affairs shall notify the +Committees on Appropriations of both Houses of Congress of all bid +savings in a major construction project that total at least $5,000,000, +or 5 percent of the programmed amount of the project, whichever is +less: Provided, That such notification shall occur within 14 days of a +contract identifying the programmed amount: Provided further, That the +Secretary shall notify the Committees on Appropriations of both Houses +of Congress 14 days prior to the obligation of such bid savings and +shall describe the anticipated use of such savings. + Sec. 225. None of the funds made available for ``Construction, +Major Projects'' may be used for a project in excess of the scope +specified for that project in the original justification data provided +to the Congress as part of the request for appropriations unless the +Secretary of Veterans Affairs receives approval from the Committees on +Appropriations of both Houses of Congress. + Sec. 226. Not later than 30 days after the end of each fiscal +quarter, the Secretary of Veterans Affairs shall submit to the +Committees on Appropriations of both Houses of Congress a quarterly +report containing performance measures and data from each Veterans +Benefits Administration Regional Office: Provided, That, at a minimum, +the report shall include the direction contained in the section +entitled ``Disability claims backlog'', under the heading ``General +Operating Expenses, Veterans Benefits Administration'' in the joint +explanatory statement accompanying Public Law 114-223: Provided +further, That the report shall also include information on the number +of appeals pending at the Veterans Benefits Administration as well as +the Board of Veterans Appeals on a quarterly basis. + Sec. 227. The Secretary of Veterans Affairs shall provide written +notification to the Committees on Appropriations of both Houses of +Congress 15 days prior to organizational changes which result in the +transfer of 25 or more full-time equivalents from one organizational +unit of the Department of Veterans Affairs to another. + Sec. 228. The Secretary of Veterans Affairs shall provide on a +quarterly basis to the Committees on Appropriations of both Houses of +Congress notification of any single national outreach and awareness +marketing campaign in which obligations exceed $1,000,000. + + (including transfer of funds) + + Sec. 229. The Secretary of Veterans Affairs, upon determination +that such action is necessary to address needs of the Veterans Health +Administration, may transfer to the ``Medical Services'' account any +discretionary appropriations made available for fiscal year 2020 in +this title (except appropriations made to the ``General Operating +Expenses, Veterans Benefits Administration'' account) or any +discretionary unobligated balances within the Department of Veterans +Affairs, including those appropriated for fiscal year 2020, that were +provided in advance by appropriations Acts: Provided, That transfers +shall be made only with the approval of the Office of Management and +Budget: Provided further, That the transfer authority provided in this +section is in addition to any other transfer authority provided by law: + Provided further, That no amounts may be transferred from amounts that +were designated by Congress as an emergency requirement pursuant to a +concurrent resolution on the budget or the Balanced Budget and +Emergency Deficit Control Act of 1985: Provided further, That such +authority to transfer may not be used unless for higher priority items, +based on emergent healthcare requirements, than those for which +originally appropriated and in no case where the item for which funds +are requested has been denied by Congress: Provided further, That, +upon determination that all or part of the funds transferred from an +appropriation are not necessary, such amounts may be transferred back +to that appropriation and shall be available for the same purposes as +originally appropriated: Provided further, That before a transfer may +take place, the Secretary of Veterans Affairs shall request from the +Committees on Appropriations of both Houses of Congress the authority +to make the transfer and receive approval of that request. + + (including transfer of funds) + + Sec. 230. Amounts made available for the Department of Veterans +Affairs for fiscal year 2020, under the ``Board of Veterans Appeals'' +and the ``General Operating Expenses, Veterans Benefits +Administration'' accounts may be transferred between such accounts: +Provided, That before a transfer may take place, the Secretary of +Veterans Affairs shall request from the Committees on Appropriations of +both Houses of Congress the authority to make the transfer and receive +approval of that request. + Sec. 231. The Secretary of Veterans Affairs may not reprogram +funds among major construction projects or programs if such instance of +reprogramming will exceed $7,000,000, unless such reprogramming is +approved by the Committees on Appropriations of both Houses of +Congress. + Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that +the toll-free suicide hotline under section 1720F(h) of title 38, +United States Code-- + (1) provides to individuals who contact the hotline immediate + assistance from a trained professional; and + (2) adheres to all requirements of the American Association of + Suicidology. + (b)(1) None of the funds made available by this Act may be used to +enforce or otherwise carry out any Executive action that prohibits the +Secretary of Veterans Affairs from appointing an individual to occupy a +vacant civil service position, or establishing a new civil service +position, at the Department of Veterans Affairs with respect to such a +position relating to the hotline specified in subsection (a). + (2) In this subsection-- + (A) the term ``civil service'' has the meaning given such term + in section 2101(1) of title 5, United States Code; and + (B) the term ``Executive action'' includes-- + (i) any Executive order, presidential memorandum, or other + action by the President; and + (ii) any agency policy, order, or other directive. + (c)(1) The Secretary of Veterans Affairs shall conduct a study on +the effectiveness of the hotline specified in subsection (a) during the +five-year period beginning on January 1, 2016, based on an analysis of +national suicide data and data collected from such hotline. + (2) At a minimum, the study required by paragraph (1) shall-- + (A) determine the number of veterans who contact the hotline + specified in subsection (a) and who receive follow up services from + the hotline or mental health services from the Department of + Veterans Affairs thereafter; + (B) determine the number of veterans who contact the hotline + who are not referred to, or do not continue receiving, mental + health care who commit suicide; and + (C) determine the number of veterans described in subparagraph + (A) who commit or attempt suicide. + Sec. 233. None of the funds in this or any other Act may be used +to close Department of Veterans Affairs (VA) hospitals, domiciliaries, +or clinics, conduct an environmental assessment, or to diminish +healthcare services at existing Veterans Health Administration medical +facilities as part of a planned realignment of VA services until the +Secretary provides to the Committees on Appropriations of both Houses +of Congress a report including the following elements-- + (1) a national realignment strategy that includes a detailed + description of realignment plans within each Veterans Integrated + Services Network (VISN), including an updated Long Range Capital + Plan to implement realignment requirements; + (2) an explanation of the process by which those plans were + developed and coordinated within each VISN; + (3) a cost versus benefit analysis of each planned realignment, + including the cost of replacing Veterans Health Administration + services with contract care or other outsourced services; + (4) an analysis of how any such planned realignment of services + will impact access to care for veterans living in rural or highly + rural areas, including travel distances and transportation costs to + access a VA medical facility and availability of local specialty + and primary care; + (5) an inventory of VA buildings with historic designation and + the methodology used to determine the buildings' condition and + utilization; + (6) a description of how any realignment will be consistent + with requirements under the National Historic Preservation Act; and + (7) consideration given for reuse of historic buildings within + newly identified realignment requirements: Provided, That, this + provision shall not apply to capital projects in any VISN, which + have been authorized or approved by Congress. + Sec. 234. Effective during the period beginning on October 1, 2018 +and ending on January 1, 2024, none of the funds made available to the +Secretary of Veterans Affairs by this or any other Act may be obligated +or expended in contravention of the ``Veterans Health Administration +Clinical Preventive Services Guidance Statement on the Veterans Health +Administration's Screening for Breast Cancer Guidance'' published on +May 10, 2017, as issued by the Veterans Health Administration National +Center for Health Promotion and Disease Prevention. + Sec. 235. (a) Notwithstanding any other provision of law, the +amounts appropriated or otherwise made available to the Department of +Veterans Affairs for the ``Medical Services'' account may be used to +provide-- + (1) fertility counseling and treatment using assisted + reproductive technology to a covered veteran or the spouse of a + covered veteran; or + (2) adoption reimbursement to a covered veteran. + (b) In this section: + (1) The term ``service-connected'' has the meaning given such + term in section 101 of title 38, United States Code. + (2) The term ``covered veteran'' means a veteran, as such term + is defined in section 101 of title 38, United States Code, who has + a service-connected disability that results in the inability of the + veteran to procreate without the use of fertility treatment. + (3) The term ``assisted reproductive technology'' means + benefits relating to reproductive assistance provided to a member + of the Armed Forces who incurs a serious injury or illness on + active duty pursuant to section 1074(c)(4)(A) of title 10, United + States Code, as described in the memorandum on the subject of + ``Policy for Assisted Reproductive Services for the Benefit of + Seriously or Severely Ill/Injured (Category II or III) Active Duty + Service Members'' issued by the Assistant Secretary of Defense for + Health Affairs on April 3, 2012, and the guidance issued to + implement such policy, including any limitations on the amount of + such benefits available to such a member except that-- + (A) the time periods regarding embryo cryopreservation and + storage set forth in part III(G) and in part IV(H) of such + memorandum shall not apply; and + (B) such term includes embryo cryopreservation and storage + without limitation on the duration of such cryopreservation and + storage. + (4) The term ``adoption reimbursement'' means reimbursement for + the adoption-related expenses for an adoption that is finalized + after the date of the enactment of this Act under the same terms as + apply under the adoption reimbursement program of the Department of + Defense, as authorized in Department of Defense Instruction + 1341.09, including the reimbursement limits and requirements set + forth in such instruction. + (c) Amounts made available for the purposes specified in subsection +(a) of this section are subject to the requirements for funds contained +in section 508 of division H of the Consolidated Appropriations Act, +2018 (Public Law 115-141). + Sec. 236. None of the funds appropriated or otherwise made +available by this Act or any other Act for the Department of Veterans +Affairs may be used in a manner that is inconsistent with: (1) section +842 of the Transportation, Treasury, Housing and Urban Development, the +Judiciary, the District of Columbia, and Independent Agencies +Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) +section 8110(a)(5) of title 38, United States Code. + Sec. 237. Section 842 of Public Law 109-115 shall not apply to +conversion of an activity or function of the Veterans Health +Administration, Veterans Benefits Administration, or National Cemetery +Administration to contractor performance by a business concern that is +at least 51 percent owned by one or more Indian tribes as defined in +section 5304(e) of title 25, United States Code, or one or more Native +Hawaiian Organizations as defined in section 637(a)(15) of title 15, +United States Code. + Sec. 238. (a) Except as provided in subsection (b), the Secretary +of Veterans Affairs, in consultation with the Secretary of Defense and +the Secretary of Labor, shall discontinue using Social Security account +numbers to identify individuals in all information systems of the +Department of Veterans Affairs as follows: + (1) For all veterans submitting to the Secretary of Veterans + Affairs new claims for benefits under laws administered by the + Secretary, not later than 5 years after the date of the enactment + of this Act. + (2) For all individuals not described in paragraph (1), not + later than 8 years after the date of the enactment of this Act. + (b) The Secretary of Veterans Affairs may use a Social Security +account number to identify an individual in an information system of +the Department of Veterans Affairs if and only if the use of such +number is required to obtain information the Secretary requires from an +information system that is not under the jurisdiction of the Secretary. + Sec. 239. For funds provided to the Department of Veterans Affairs +for each of fiscal year 2020 and 2021 for ``Medical Services'', section +239 of Division A of Public Law 114-223 shall apply. + Sec. 240. None of the funds appropriated in this or prior +appropriations Acts or otherwise made available to the Department of +Veterans Affairs may be used to transfer any amounts from the Filipino +Veterans Equity Compensation Fund to any other account within the +Department of Veterans Affairs. + Sec. 241. Of the funds provided to the Department of Veterans +Affairs for each of fiscal year 2020 and fiscal year 2021 for ``Medical +Services'', funds may be used in each year to carry out and expand the +child care program authorized by section 205 of Public Law 111-163, +notwithstanding subsection (e) of such section. + Sec. 242. None of the funds appropriated or otherwise made +available in this title may be used by the Secretary of Veterans +Affairs to enter into an agreement related to resolving a dispute or +claim with an individual that would restrict in any way the individual +from speaking to members of Congress or their staff on any topic not +otherwise prohibited from disclosure by Federal law or required by +Executive Order to be kept secret in the interest of national defense +or the conduct of foreign affairs. + Sec. 243. For funds provided to the Department of Veterans Affairs +for each of fiscal year 2020 and 2021, section 258 of Division A of +Public Law 114-223 shall apply. + Sec. 244. (a) None of the funds appropriated or otherwise made +available by this Act may be used to deny an Inspector General funded +under this Act timely access to any records, documents, or other +materials available to the department or agency of the United States +Government over which such Inspector General has responsibilities under +the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or +impede the access of such Inspector General to such records, documents, +or other materials, under any provision of law, except a provision of +law that expressly refers to such Inspector General and expressly +limits the right of access of such Inspector General. + (b) A department or agency covered by this section shall provide +its Inspector General access to all records, documents, and other +materials in a timely manner. + (c) Each Inspector General covered by this section shall ensure +compliance with statutory limitations on disclosure relevant to the +information provided by the department or agency over which that +Inspector General has responsibilities under the Inspector General Act +of 1978 (5 U.S.C. App.). + (d) Each Inspector General covered by this section shall report to +the Committee on Appropriations of the Senate and the Committee on +Appropriations of the House of Representatives within 5 calendar days +of any failure by any department or agency covered by this section to +comply with this section. + Sec. 245. For funds provided to the Department of Veterans Affairs +for each of fiscal year 2020 and 2021, section 248 of Division A of +Public Law 114-223 shall apply. + Sec. 246. (a) The Secretary of Veterans Affairs may use amounts +appropriated or otherwise made available in this title to ensure that +the ratio of veterans to full-time employment equivalents within any +program of rehabilitation conducted under chapter 31 of title 38, +United States Code, does not exceed 125 veterans to one full-time +employment equivalent. + (b) Not later than 180 days after the date of the enactment of this +Act, the Secretary shall submit to Congress a report on the programs of +rehabilitation conducted under chapter 31 of title 38, United States +Code, including-- + (1) an assessment of the veteran-to-staff ratio for each such + program; and + (2) recommendations for such action as the Secretary considers + necessary to reduce the veteran-to-staff ratio for each such + program. + Sec. 247. None of the funds made available in this Act may be used +in a manner that would increase wait times for veterans who seek care +at medical facilities of the Department of Veterans Affairs. + Sec. 248. None of the funds appropriated or otherwise made +available by this Act to the Veterans Health Administration may be used +in fiscal year 2020 to convert any program which received specific +purpose funds in fiscal year 2019 to a general purpose funded program +unless the Secretary of Veterans Affairs submits written notification +of any such proposal to the Committees on Appropriations of both Houses +of Congress at least thirty days prior to any such action and an +approval is issued by the Committees. + Sec. 249. (a) None of the funds appropriated or otherwise made +available by this Act may be used to conduct research commencing on or +after October 1, 2019, that uses any canine, feline, or non-human +primate unless the Secretary of Veterans Affairs approves such research +specifically and in writing pursuant to subsection (b). + (b)(1) The Secretary of Veterans Affairs may approve the conduct of +research commencing on or after October 1, 2019, using canines, +felines, or non-human primates if the Secretary determines that-- + (A) the scientific objectives of the research can only be met + by using such canines, felines, or non-human primates; + (B) such scientific objectives are directly related to an + illness or injury that is combat-related; and + (C) the research is consistent with the revised Department of + Veterans Affairs canine research policy document dated December 15, + 2017, including any subsequent revisions to such document. + (2) The Secretary may not delegate the authority under this +subsection. + (c) If the Secretary approves any new research pursuant to +subsection (b), not later than 30 days before the commencement of such +research, the Secretary shall submit to the Committees on +Appropriations of the Senate and House of Representatives a report +describing-- + (1) the nature of the research to be conducted using canines, + felines, or non-human primates; + (2) the date on which the Secretary approved the research; + (3) the justification for the determination of the Secretary + that the scientific objectives of such research could only be met + using canines, felines, or non-human primates; + (4) the frequency and duration of such research; and + (5) the protocols in place to ensure the necessity, safety, and + efficacy of the research; and + (d) Not later than 180 days after the date of the enactment of this +Act, and biannually thereafter, the Secretary shall submit to such +Committees a report describing-- + (1) any research being conducted by the Department of Veterans + Affairs using canines, felines, or non-human primates as of the + date of the submittal of the report; + (2) the circumstances under which such research was conducted + using canines, felines, or non-human primates; + (3) the justification for using canines, felines, or non-human + primates to conduct such research; and + (4) the protocols in place to ensure the necessity, safety, and + efficacy of such research. + (e) Not later than December 31, 2020, the Secretary shall submit to +such Committees a plan under which the Secretary will eliminate or +reduce the research conducted using canines, felines, or non-human +primates by not later than five years after the date of the enactment +of this Act. + Sec. 250. None of the funds made available by this Act may be used +by the Secretary of Veterans Affairs to close the community based +outpatient clinic located in Bainbridge, New York, until the Secretary +of Veterans Affairs submits to the Committees on Appropriations of the +House of Representatives and the Senate a market area assessment. + Sec. 251. (a) Plan Required.--Not later than 90 days after the date +of the enactment of this Act, the Secretary of Veterans Affairs shall +submit to the appropriate committees of Congress a plan to reduce the +chances that clinical mistakes by employees of the Department of +Veterans Affairs will result in adverse events that require +institutional or clinical disclosures and to prevent any unnecessary +hardship for patients and families impacted by such adverse events. + (b) Elements.--The plan required by subsection (a) shall include +the following: + (1) A description of a process for the timely identification of + individuals impacted by disclosures described in subsection (a) and + the process for contacting those individuals or their next of kin. + (2) A description of procedures for expediting any remedial or + follow-up care required for those individuals. + (3) A detailed outline of proposed changes to the process of + the Department for clinical quality checks and oversight. + (4) A communication plan to ensure all facilities of the + Department are made aware of any requirements updated pursuant to + the plan. + (5) A timeline detailing the implementation of the plan. + (6) An identification of the senior executive of the Department + responsible for ensuring compliance with the plan. + (7) An identification of potential impacts of the plan on + timely diagnoses for patients. + (8) An identification of the processes and procedures for + employees of the Department to make leadership at the facility and + the Department aware of adverse events that are concerning and that + result in disclosures and to ensure that the medical impact on + veterans of such disclosures is minimized. + (c) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Veterans' Affairs and the Subcommittee on + Military Construction, Veterans Affairs, and Related Agencies of + the Committee on Appropriations of the Senate; and + (2) the Committee on Veterans' Affairs and the Subcommittee on + Military Construction, Veterans Affairs, and Related Agencies of + the Committee on Appropriations of the House of Representatives. + Sec. 252. (a) Not later than 180 days after the date of the +enactment of this Act, and not less frequently than once every five- +year period thereafter, the Secretary of Veterans Affairs shall update +the handbook of the Department of Veterans Affairs titled ``Planning +and Activating Community Based Outpatient Clinics'', or a successor +handbook, to reflect current policies, best practices, and clarify the +roles and responsibilities of the personnel of the Department involved +in the leasing projects of the Department. + (b) The Secretary shall ensure that the handbook specified in +subsection (a) defines ``community based outpatient clinic'' in the +same manner as such term is defined in the Veterans Health +Administration Site Tracking database (commonly known as ``VAST'') as +of the date of the enactment of this Act. + (c) The Secretary shall ensure that the Veterans Health +Administration incorporates the best practices contained in the +handbook specified in subsection (a) in conducting oversight of the +medical centers of the Department of Veterans Affairs and the Veterans +Integrated Service Network. + (d) Not later than 180 days after the date of the enactment of this +Act, the Secretary shall provide guidance and training to employees of +the Veterans Health Administration for the use of the handbook +specified in subsection (a). The Secretary shall update such guidance +and training together with each update of such handbook. + + (rescissions of funds) + + Sec. 253. Of the unobligated balances available to the Department +of Veterans Affairs from prior appropriations Acts, the following funds +are hereby rescinded from the following accounts in the amounts +specified: + ``Veterans Health Administration, Medical Services'', + $350,000,000; + ``Veterans Health Administration, Medical Support and + Compliance'', $10,000,000; + ``Veterans Health Administration, Medical and Prosthetic + Research'', $50,000,000; + ``Veterans Health Administration, DOD-VA Health Care Sharing + Incentive Fund'', $15,949,000; + ``National Cemetery Administration'', $1,000,000; + ``Departmental Administration, Board of Veterans Appeals'', + $8,000,000; and + ``Departmental Administration, Veterans Electronic Health + Record'', $70,000,000: + Provided, That no amounts may be rescinded from amounts that were +designated by the Congress as an emergency requirement pursuant to a +concurrent resolution on the budget or the Balanced Budget and +Emergency Deficit Control Act of 1985, as amended. + Sec. 254. Section 252 of the Military Construction, Veterans +Affairs, and Related Agencies Appropriations Act, 2018 (division J of +Public Law 115-141; 132 Stat. 825; 38 U.S.C. 1701 note) is amended by +striking ``The Secretary may carry out a 2-year pilot program'' and +inserting ``During the period preceding October 1, 2022, the Secretary +of Veterans Affairs may carry out a 2-year pilot program''. + + (rescission of funds) + + Sec. 255. The remaining unobligated balances in the ``Department +of Veterans Affairs--Departmental Administration--General Operating +Expenses'' account from the following funds appropriated in Public Law +107-38 are hereby rescinded: Provided, That the amounts rescinded +pursuant to this section that were previously designated by the +Congress as an emergency requirement pursuant to section 251(b)(2)(A) +of the Balanced Budget and Emergency Deficit Control Act of 1985 are +designated by the Congress as an emergency requirement pursuant to +section 251(b)(2)(A)(i) of that Act: + (1) funds subject to subsequent enactment and transferred + pursuant to chapter 13 of division B of Public Law 107-117; and + (2) funds made available and subsequently transferred pursuant + to the first proviso under the heading ``Executive Office of the + President and Funds Appropriated to the President--Emergency + Response Fund''. + Sec. 256. Amounts made available for the ``Veterans Health +Administration, Medical Community Care'' account in this or any other +Act for fiscal years 2020 and 2021 may be used for expenses that would +otherwise be payable from the Veterans Choice Fund established by +section 802 of the Veterans Access, Choice, and Accountability Act, as +amended (38 U.S.C. 1701 note). + Sec. 257. Hereafter, the matter preceding the first proviso under +the heading ``Veterans Health Administration, Medical Services'' in +title II of division C of Public Law 115-244 shall be applied for the +purpose of the appropriations under that heading that became available +on October 1, 2019, by striking ``aid to State homes as authorized by +section 1741 of title 38, United States Code,''. + + TITLE III + + RELATED AGENCIES + + American Battle Monuments Commission + + salaries and expenses + + For necessary expenses, not otherwise provided for, of the American +Battle Monuments Commission, including the acquisition of land or +interest in land in foreign countries; purchases and repair of uniforms +for caretakers of national cemeteries and monuments outside of the +United States and its territories and possessions; rent of office and +garage space in foreign countries; purchase (one-for-one replacement +basis only) and hire of passenger motor vehicles; not to exceed $15,000 +for official reception and representation expenses; and insurance of +official motor vehicles in foreign countries, when required by law of +such countries, $84,100,000, to remain available until expended. + + foreign currency fluctuations account + + For necessary expenses, not otherwise provided for, of the American +Battle Monuments Commission, such sums as may be necessary, to remain +available until expended, for purposes authorized by section 2109 of +title 36, United States Code. + + United States Court of Appeals for Veterans Claims + + salaries and expenses + + For necessary expenses for the operation of the United States Court +of Appeals for Veterans Claims as authorized by sections 7251 through +7298 of title 38, United States Code, $35,400,000: Provided, That +$2,698,997 shall be available for the purpose of providing financial +assistance as described and in accordance with the process and +reporting procedures set forth under this heading in Public Law 102- +229. + + Department of Defense--Civil + + Cemeterial Expenses, Army + + salaries and expenses + + For necessary expenses for maintenance, operation, and improvement +of Arlington National Cemetery and Soldiers' and Airmen's Home National +Cemetery, including the purchase or lease of passenger motor vehicles +for replacement on a one-for-one basis only, and not to exceed $2,000 +for official reception and representation expenses, $80,800,000, of +which not to exceed $15,000,000 shall remain available until September +30, 2022. In addition, such sums as may be necessary for parking +maintenance, repairs and replacement, to be derived from the ``Lease of +Department of Defense Real Property for Defense Agencies'' account. + + Armed Forces Retirement Home + + trust fund + + For expenses necessary for the Armed Forces Retirement Home to +operate and maintain the Armed Forces Retirement Home--Washington, +District of Columbia, and the Armed Forces Retirement Home--Gulfport, +Mississippi, to be paid from funds available in the Armed Forces +Retirement Home Trust Fund, $75,300,000, of which $12,000,000 shall +remain available until expended for construction and renovation of the +physical plants at the Armed Forces Retirement Home--Washington, +District of Columbia, and the Armed Forces Retirement Home--Gulfport, +Mississippi: Provided, That of the amounts made available under this +heading from funds available in the Armed Forces Retirement Home Trust +Fund, $22,000,000 shall be paid from the general fund of the Treasury +to the Trust Fund. + + Administrative Provision + + Sec. 301. Amounts deposited into the special account established +under 10 U.S.C. 4727 are appropriated and shall be available until +expended to support activities at the Army National Military +Cemeteries. + + TITLE IV + + OVERSEAS CONTINGENCY OPERATIONS + + DEPARTMENT OF DEFENSE + + Military Construction, Army + + For an additional amount for ``Military Construction, Army'', +$111,968,000, to remain available until September 30, 2024, for +projects outside of the United States: Provided, That such amount is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985. + + Military Construction, Navy and Marine Corps + + For an additional amount for ``Military Construction, Navy and +Marine Corps'', $94,570,000, to remain available until September 30, +2024, for projects outside of the United States: Provided, That such +amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + Military Construction, Air Force + + For an additional amount for ``Military Construction, Air Force'' +$391,988,000, to remain available until September 30, 2024, for +projects outside of the United States: Provided, That such amount is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985. + + Military Construction, Defense-Wide + + For an additional amount for ``Military Construction, Defense- +Wide'', $46,000,000, to remain available until September 30, 2024, for +projects outside of the United States: Provided, That such amount is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985. + + Administrative Provision + + Sec. 401. None of the funds appropriated for military construction +projects outside the United States under this title may be obligated or +expended for planning and design of any project associated with the +European Deterrence Initiative until the Secretary of Defense develops +and submits to the congressional defense committees, in a classified +and unclassified format, a list of all of the military construction +projects associated with the European Deterrence Initiative which the +Secretary anticipates will be carried out during each of the fiscal +years 2021 through 2025. + + TITLE V + + NATURAL DISASTER RELIEF + + DEPARTMENT OF DEFENSE + + Military Construction, Navy and Marine Corps + + For an additional amount for ``Military Construction, Navy and +Marine Corps'', $3,477,000,000, to remain available until September 30, +2024, for necessary expenses related to the consequences of Hurricanes +Michael and Florence and flooding and earthquakes occurring in fiscal +year 2019: Provided, That none of the funds made available in this Act +to the Navy and Marine Corps for such recovery efforts shall be +available for obligation until the Committees on Appropriations of the +House of Representatives and the Senate receive form 1391 for each +specific request: Provided further, That, not later than 60 days after +enactment of this Act, the Secretary of the Navy, or his designee, +shall submit to the Committees on Appropriations of the House of +Representatives and the Senate a detailed expenditure plan for funds +provided under this heading in this title: Provided further, That such +funds may be obligated or expended for planning and design and military +construction projects not otherwise authorized by law: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Military Construction, Air Force + + For an additional amount for ``Military Construction, Air Force'', +$2,605,200,000, to remain available until September 30, 2024, for +necessary expenses related to the consequences of Hurricanes Michael +and Florence and flooding and earthquakes occurring in fiscal year +2019: Provided, That none of the funds made available in this Act to +the Air Force for such recovery efforts shall be available for +obligation until the Committees on Appropriations of the House of +Representatives and the Senate receive form 1391 for each specific +request: Provided further, That, not later than 60 days after +enactment of this Act, the Secretary of the Air Force, or his designee, +shall submit to the Committees on Appropriations of the House of +Representatives and the Senate a detailed expenditure plan for funds +provided under this heading in this title: Provided further, That such +funds may be obligated or expended for planning and design and military +construction projects not otherwise authorized by law: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Military Construction, Defense-Wide + + For an additional amount for ``Military Construction, Defense- +Wide'', $77,175,000, to remain available until September 30, 2024, for +necessary expenses related to the consequences of Hurricanes Michael +and Florence and flooding and earthquakes occurring in fiscal year +2019: Provided, That none of the funds made available in this Act to +the Department of Defense for such recovery efforts shall be available +for obligation until the Committees on Appropriations of the House of +Representatives and the Senate receive form 1391 for each specific +request: Provided further, That, not later than 60 days after +enactment of this Act, the Secretary of Defense, or his designee, shall +submit to the Committees on Appropriations of the House of +Representatives and the Senate a detailed expenditure plan for funds +provided under this heading in this title: Provided further, That such +funds may be obligated or expended for planning and design and military +construction projects not otherwise authorized by law: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Military Construction, Army National Guard + + For an additional amount for ``Military Construction, Army National +Guard'', $66,000,000, to remain available until September 30, 2024, for +necessary expenses related to the consequences of Hurricanes Michael +and Florence and flooding, tornadoes, and earthquakes occurring in +fiscal year 2019: Provided, That none of the funds made available in +this Act to the Army National Guard for such recovery efforts shall be +available for obligation until the Committees on Appropriations of the +House of Representatives and the Senate receive form 1391 for each +specific request: Provided further, That, not later than 60 days after +enactment of this Act, the Director of the Army National Guard, or his +designee, shall submit to the Committees on Appropriations of the House +of Representatives and the Senate a detailed expenditure plan for funds +provided under this heading in this title: Provided further, That such +funds may be obligated or expended for planning and design and military +construction projects not otherwise authorized by law: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Military Construction, Army Reserve + + For an additional amount for ``Military Construction, Army +Reserve'', $3,300,000, to remain available until September 30, 2024, +for necessary expenses related to the consequences of Hurricanes +Michael and Florence and flooding and earthquakes occurring in fiscal +year 2019: Provided, That none of the funds made available in this Act +to the Army Reserve for such recovery efforts shall be available for +obligation until the Committees on Appropriations of the House of +Representatives and the Senate receive form 1391 for each specific +request: Provided further, That, not later than 60 days after +enactment of this Act, the Secretary of the Army, or his designee, +shall submit to the Committees on Appropriations of the House of +Representatives and the Senate a detailed expenditure plan for funds +provided under this heading in this title: Provided further, That such +funds may be obligated or expended for planning and design and military +construction projects not otherwise authorized by law: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + ADMINISTRATIVE PROVISION + + Sec. 501. Notwithstanding any other provision of law, funds made +available under each heading in this title shall only be used for the +purposes specifically described under that heading. + + TITLE VI + + GENERAL PROVISIONS + + Sec. 601. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 602. None of the funds made available in this Act may be used +for any program, project, or activity, when it is made known to the +Federal entity or official to which the funds are made available that +the program, project, or activity is not in compliance with any Federal +law relating to risk assessment, the protection of private property +rights, or unfunded mandates. + Sec. 603. All departments and agencies funded under this Act are +encouraged, within the limits of the existing statutory authorities and +funding, to expand their use of ``E-Commerce'' technologies and +procedures in the conduct of their business practices and public +service activities. + Sec. 604. Unless stated otherwise, all reports and notifications +required by this Act shall be submitted to the Subcommittee on Military +Construction and Veterans Affairs, and Related Agencies of the +Committee on Appropriations of the House of Representatives and the +Subcommittee on Military Construction and Veterans Affairs, and Related +Agencies of the Committee on Appropriations of the Senate. + Sec. 605. None of the funds made available in this Act may be +transferred to any department, agency, or instrumentality of the United +States Government except pursuant to a transfer made by, or transfer +authority provided in, this or any other appropriations Act. + Sec. 606. None of the funds made available in this Act may be used +for a project or program named for an individual serving as a Member, +Delegate, or Resident Commissioner of the United States House of +Representatives. + Sec. 607. (a) Any agency receiving funds made available in this +Act, shall, subject to subsections (b) and (c), post on the public Web +site of that agency any report required to be submitted by the Congress +in this or any other Act, upon the determination by the head of the +agency that it shall serve the national interest. + (b) Subsection (a) shall not apply to a report if-- + (1) the public posting of the report compromises national + security; or + (2) the report contains confidential or proprietary + information. + (c) The head of the agency posting such report shall do so only +after such report has been made available to the requesting Committee +or Committees of Congress for no less than 45 days. + Sec. 608. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + Sec. 609. None of the funds made available in this Act may be used +by an agency of the executive branch to pay for first-class travel by +an employee of the agency in contravention of sections 301-10.122 +through 301-10.124 of title 41, Code of Federal Regulations. + Sec. 610. None of the funds made available in this Act may be used +to execute a contract for goods or services, including construction +services, where the contractor has not complied with Executive Order +No. 12989. + Sec. 611. None of the funds made available by this Act may be used +by the Department of Defense or the Department of Veterans Affairs to +lease or purchase new light duty vehicles for any executive fleet, or +for an agency's fleet inventory, except in accordance with Presidential +Memorandum--Federal Fleet Performance, dated May 24, 2011. + Sec. 612. Except as expressly provided otherwise, any reference to +``this Act'' contained in this division shall be treated as referring +only to the provisions of this division. + Sec. 613. None of the funds made available by this Act may be used +in contravention of section 101(e)(8) of title 10, United States Code. + Sec. 614. (a) In General.--None of the funds appropriated or +otherwise made available to the Department of Defense in this Act may +be used to construct, renovate, or expand any facility in the United +States, its territories, or possessions to house any individual +detained at United States Naval Station, Guantanamo Bay, Cuba, for the +purposes of detention or imprisonment in the custody or under the +control of the Department of Defense. + (b) The prohibition in subsection (a) shall not apply to any +modification of facilities at United States Naval Station, Guantanamo +Bay, Cuba. + (c) An individual described in this subsection is any individual +who, as of June 24, 2009, is located at United States Naval Station, +Guantanamo Bay, Cuba, and who-- + (1) is not a citizen of the United States or a member of the + Armed Forces of the United States; and + (2) is-- + (A) in the custody or under the effective control of the + Department of Defense; or + (B) otherwise under detention at United States Naval + Station, Guantanamo Bay, Cuba. + This division may be cited as the ``Military Construction, Veterans +Affairs, and Related Agencies Appropriations Act, 2020''. + + DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED + PROGRAMS APPROPRIATIONS ACT, 2020 + + TITLE I + + DEPARTMENT OF STATE AND RELATED AGENCY + + DEPARTMENT OF STATE + + Administration of Foreign Affairs + + diplomatic programs + + For necessary expenses of the Department of State and the Foreign +Service not otherwise provided for, $9,125,687,000, of which +$754,468,000 may remain available until September 30, 2021, and of +which up to $4,095,899,000 may remain available until expended for +Worldwide Security Protection: Provided, That of the amount made +available under this heading for Worldwide Security Protection, +$2,626,122,000 is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985: +Provided further, That funds made available under this heading shall be +allocated in accordance with paragraphs (1) through (4) as follows: + (1) Human resources.--For necessary expenses for training, + human resources management, and salaries, including employment + without regard to civil service and classification laws of persons + on a temporary basis (not to exceed $700,000), as authorized by + section 801 of the United States Information and Educational + Exchange Act of 1948 (62 Stat. 11; Chapter 36), $2,896,063,000, of + which up to $509,782,000 is for Worldwide Security Protection. + (2) Overseas programs.--For necessary expenses for the regional + bureaus of the Department of State and overseas activities as + authorized by law, $1,840,143,000. + (3) Diplomatic policy and support.--For necessary expenses for + the functional bureaus of the Department of State, including + representation to certain international organizations in which the + United States participates pursuant to treaties ratified pursuant + to the advice and consent of the Senate or specific Acts of + Congress, general administration, and arms control, + nonproliferation, and disarmament activities as authorized, + $780,057,000. + (4) Security programs.--For necessary expenses for security + activities, $3,609,424,000, of which up to $3,586,117,000 is for + Worldwide Security Protection. + (5) Fees and payments collected.--In addition to amounts + otherwise made available under this heading-- + (A) as authorized by section 810 of the United States + Information and Educational Exchange Act, not to exceed + $5,000,000, to remain available until expended, may be credited + to this appropriation from fees or other payments received from + English teaching, library, motion pictures, and publication + programs and from fees from educational advising and counseling + and exchange visitor programs; and + (B) not to exceed $15,000, which shall be derived from + reimbursements, surcharges, and fees for use of Blair House + facilities. + (6) Transfer of funds, reprogramming, and other matters.-- + (A) Notwithstanding any other provision of this Act, funds + may be reprogrammed within and between paragraphs (1) through + (4) under this heading subject to section 7015 of this Act. + (B) Of the amount made available under this heading, not to + exceed $10,000,000 may be transferred to, and merged with, + funds made available by this Act under the heading + ``Emergencies in the Diplomatic and Consular Service'', to be + available only for emergency evacuations and rewards, as + authorized. + (C) Funds appropriated under this heading are available for + acquisition by exchange or purchase of passenger motor vehicles + as authorized by law and, pursuant to section 1108(g) of title + 31, United States Code, for the field examination of programs + and activities in the United States funded from any account + contained in this title. + (7) Clarification.--References to the ``Diplomatic and Consular + Programs'' account in any provision of law shall in this fiscal + year, and each fiscal year thereafter, be construed to include the + ``Diplomatic Programs'' account. + + capital investment fund + + For necessary expenses of the Capital Investment Fund, as +authorized, $139,500,000, to remain available until expended. + + office of inspector general + + For necessary expenses of the Office of Inspector General, +$90,829,000, of which $13,624,000 may remain available until September +30, 2021: Provided, That funds appropriated under this heading are +made available notwithstanding section 209(a)(1) of the Foreign Service +Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections. + In addition, for the Special Inspector General for Afghanistan +Reconstruction (SIGAR) for reconstruction oversight, $54,900,000, to +remain available until September 30, 2021, which is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985: Provided, That funds +appropriated under this heading that are made available for the +printing and reproduction costs of SIGAR shall not exceed amounts for +such costs during fiscal year 2019. + + educational and cultural exchange programs + + For necessary expenses of educational and cultural exchange +programs, as authorized, $730,700,000, to remain available until +expended, of which not less than $272,000,000 shall be for the +Fulbright Program and not less than $111,860,000 shall be for Citizen +Exchange Program: Provided, That fees or other payments received from, +or in connection with, English teaching, educational advising and +counseling programs, and exchange visitor programs as authorized may be +credited to this account, to remain available until expended: Provided +further, That a portion of the Fulbright awards from the Eurasia and +Central Asia regions shall be designated as Edmund S. Muskie +Fellowships, following consultation with the Committees on +Appropriations: Provided further, That funds appropriated under this +heading that are made available for the Benjamin Gilman International +Scholarships Program shall also be made available for the John S. +McCain Scholars Program, pursuant to section 7075 of the Department of +State, Foreign Operations, and Related Programs Appropriations Act, +2019 (division F of Public Law 116-6): Provided further, That funds +appropriated under this heading shall be made available for a Civil +Society Exchange Program, in accordance with the requirements specified +under this heading in the explanatory statement described in section 4 +(in the matter preceding division A of this consolidated Act), and +following consultation with the Committees on Appropriations: Provided +further, That any substantive modifications from the prior fiscal year +to programs funded by this Act under this heading shall be subject to +prior consultation with, and the regular notification procedures of, +the Committees on Appropriations. + + representation expenses + + For representation expenses as authorized, $7,212,000. + + protection of foreign missions and officials + + For necessary expenses, not otherwise provided, to enable the +Secretary of State to provide for extraordinary protective services, as +authorized, $30,890,000, to remain available until September 30, 2021. + + embassy security, construction, and maintenance + + For necessary expenses for carrying out the Foreign Service +Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining, +repairing, and planning for real property that are owned or leased by +the Department of State, and renovating, in addition to funds otherwise +available, the Harry S Truman Building, $769,800,000, to remain +available until September 30, 2024, of which not to exceed $25,000 may +be used for overseas representation expenses as authorized: Provided, +That none of the funds appropriated in this paragraph shall be +available for acquisition of furniture, furnishings, or generators for +other departments and agencies of the United States Government. + In addition, for the costs of worldwide security upgrades, +acquisition, and construction as authorized, $1,205,649,000, to remain +available until expended, of which $424,087,000 is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + emergencies in the diplomatic and consular service + + For necessary expenses to enable the Secretary of State to meet +unforeseen emergencies arising in the Diplomatic and Consular Service, +as authorized, $7,885,000, to remain available until expended, of which +not to exceed $1,000,000 may be transferred to, and merged with, funds +appropriated by this Act under the heading ``Repatriation Loans Program +Account''. + + repatriation loans program account + + For the cost of direct loans, $1,300,000, as authorized: Provided, +That such costs, including the cost of modifying such loans, shall be +as defined in section 502 of the Congressional Budget Act of 1974: +Provided further, That such funds are available to subsidize gross +obligations for the principal amount of direct loans not to exceed +$5,563,619. + + payment to the american institute in taiwan + + For necessary expenses to carry out the Taiwan Relations Act +(Public Law 96-8), $31,963,000. + + international center, washington, district of columbia + + Not to exceed $1,806,600 shall be derived from fees collected from +other executive agencies for lease or use of facilities at the +International Center in accordance with section 4 of the International +Center Act (Public Law 90-553), and, in addition, as authorized by +section 5 of such Act, $743,000, to be derived from the reserve +authorized by such section, to be used for the purposes set out in that +section. + + payment to the foreign service retirement and disability fund + + For payment to the Foreign Service Retirement and Disability Fund, +as authorized, $158,900,000. + + International Organizations + + contributions to international organizations + + For necessary expenses, not otherwise provided for, to meet annual +obligations of membership in international multilateral organizations, +pursuant to treaties ratified pursuant to the advice and consent of the +Senate, conventions, or specific Acts of Congress, $1,473,806,000, of +which $96,240,000, to remain available until September 30, 2021, is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985: Provided, That the +Secretary of State shall, at the time of the submission of the +President's budget to Congress under section 1105(a) of title 31, +United States Code, transmit to the Committees on Appropriations the +most recent biennial budget prepared by the United Nations for the +operations of the United Nations: Provided further, That the Secretary +of State shall notify the Committees on Appropriations at least 15 days +in advance (or in an emergency, as far in advance as is practicable) of +any United Nations action to increase funding for any United Nations +program without identifying an offsetting decrease elsewhere in the +United Nations budget: Provided further, That any payment of +arrearages under this heading shall be directed to activities that are +mutually agreed upon by the United States and the respective +international organization and shall be subject to the regular +notification procedures of the Committees on Appropriations: Provided +further, That none of the funds appropriated under this heading shall +be available for a United States contribution to an international +organization for the United States share of interest costs made known +to the United States Government by such organization for loans incurred +on or after October 1, 1984, through external borrowings. + + contributions for international peacekeeping activities + + For necessary expenses to pay assessed and other expenses of +international peacekeeping activities directed to the maintenance or +restoration of international peace and security, $1,526,383,000, of +which $988,656,000 is designated by the Congress for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985: Provided, That of the funds made available under this +heading, up to $1,069,315,000 may remain available until September 30, +2021: Provided further, That none of the funds made available by this +Act shall be obligated or expended for any new or expanded United +Nations peacekeeping mission unless, at least 15 days in advance of +voting for such mission in the United Nations Security Council (or in +an emergency as far in advance as is practicable), the Committees on +Appropriations are notified of: (1) the estimated cost and duration of +the mission, the objectives of the mission, the national interest that +will be served, and the exit strategy; and (2) the sources of funds, +including any reprogrammings or transfers, that will be used to pay the +cost of the new or expanded mission, and the estimated cost in future +fiscal years: Provided further, That none of the funds appropriated +under this heading may be made available for obligation unless the +Secretary of State certifies and reports to the Committees on +Appropriations on a peacekeeping mission-by-mission basis that the +United Nations is implementing effective policies and procedures to +prevent United Nations employees, contractor personnel, and +peacekeeping troops serving in such mission from trafficking in +persons, exploiting victims of trafficking, or committing acts of +sexual exploitation and abuse or other violations of human rights, and +to hold accountable individuals who engage in such acts while +participating in such mission, including prosecution in their home +countries and making information about such prosecutions publicly +available on the website of the United Nations: Provided further, That +the Secretary of State shall work with the United Nations and foreign +governments contributing peacekeeping troops to implement effective +vetting procedures to ensure that such troops have not violated human +rights: Provided further, That funds shall be available for +peacekeeping expenses unless the Secretary of State determines that +United States manufacturers and suppliers are not being given +opportunities to provide equipment, services, and material for United +Nations peacekeeping activities equal to those being given to foreign +manufacturers and suppliers: Provided further, That none of the funds +appropriated or otherwise made available under this heading may be used +for any United Nations peacekeeping mission that will involve United +States Armed Forces under the command or operational control of a +foreign national, unless the President's military advisors have +submitted to the President a recommendation that such involvement is in +the national interest of the United States and the President has +submitted to Congress such a recommendation: Provided further, That +the Secretary of State shall work with the United Nations and members +of the United Nations Security Council to evaluate and prioritize +peacekeeping missions, and to consider a drawdown when mission goals +have been substantially achieved: Provided further, That any payment +of arrearages with funds appropriated by this Act shall be subject to +the regular notification procedures of the Committees on +Appropriations. + + International Commissions + + For necessary expenses, not otherwise provided for, to meet +obligations of the United States arising under treaties, or specific +Acts of Congress, as follows: + + international boundary and water commission, united states and mexico + + For necessary expenses for the United States Section of the +International Boundary and Water Commission, United States and Mexico, +and to comply with laws applicable to the United States Section, +including not to exceed $6,000 for representation expenses; as follows: + + salaries and expenses + + For salaries and expenses, not otherwise provided for, $48,170,000. + + construction + + For detailed plan preparation and construction of authorized +projects, $36,900,000, to remain available until expended, as +authorized. + + american sections, international commissions + + For necessary expenses, not otherwise provided, for the +International Joint Commission and the International Boundary +Commission, United States and Canada, as authorized by treaties between +the United States and Canada or Great Britain, and the Border +Environment Cooperation Commission as authorized by the North American +Free Trade Agreement Implementation Act (Public Law 103-182), +$15,008,000: Provided, That of the amount provided under this heading +for the International Joint Commission, up to $1,250,000 may remain +available until September 30, 2021, and up to $9,000 may be made +available for representation expenses: Provided further, That of the +amount provided under this heading for the International Boundary +Commission, up to $1,000 may be made available for representation +expenses. + + international fisheries commissions + + For necessary expenses for international fisheries commissions, not +otherwise provided for, as authorized by law, $62,718,000: Provided, +That the United States share of such expenses may be advanced to the +respective commissions pursuant to section 3324 of title 31, United +States Code. + + RELATED AGENCY + + United States Agency for Global Media + + international broadcasting operations + + For necessary expenses to enable the United States Agency for +Global Media (USAGM), as authorized, to carry out international +communication activities, and to make and supervise grants for radio, +Internet, and television broadcasting to the Middle East, $798,696,000: + Provided, That in addition to amounts otherwise available for such +purposes, up to $40,708,000 of the amount appropriated under this +heading may remain available until expended for satellite transmissions +and Internet freedom programs, of which not less than $20,000,000 shall +be for Internet freedom programs: Provided further, That of the total +amount appropriated under this heading, not to exceed $35,000 may be +used for representation expenses, of which $10,000 may be used for such +expenses within the United States as authorized, and not to exceed +$30,000 may be used for representation expenses of Radio Free Europe/ +Radio Liberty: Provided further, That the USAGM shall notify the +Committees on Appropriations within 15 days of any determination by the +USAGM that any of its broadcast entities, including its grantee +organizations, provides an open platform for international terrorists +or those who support international terrorism, or is in violation of the +principles and standards set forth in subsections (a) and (b) of +section 303 of the United States International Broadcasting Act of 1994 +(22 U.S.C. 6202) or the entity's journalistic code of ethics: Provided +further, That in addition to funds made available under this heading, +and notwithstanding any other provision of law, up to $5,000,000 in +receipts from advertising and revenue from business ventures, up to +$500,000 in receipts from cooperating international organizations, and +up to $1,000,000 in receipts from privatization efforts of the Voice of +America and the International Broadcasting Bureau, shall remain +available until expended for carrying out authorized purposes: +Provided further, That significant modifications to USAGM broadcast +hours previously justified to Congress, including changes to +transmission platforms (shortwave, medium wave, satellite, Internet, +and television), for all USAGM language services shall be subject to +the regular notification procedures of the Committees on +Appropriations: Provided further, That up to $7,000,000 from the USAGM +Buying Power Maintenance account may be transferred to, and merged +with, funds appropriated by this Act under the heading ``International +Broadcasting Operations'', which shall remain available until expended: + Provided further, That such transfer authority is in addition to any +transfer authority otherwise available under any other provision of law +and shall be subject to prior consultation with, and the regular +notification procedures of, the Committees on Appropriations: Provided +further, That any reference to the ``Broadcasting Board of Governors'' +or ``BBG'', including in any account providing amounts to the +Broadcasting Board of Governors, in any Act making appropriations for +the Department of State, foreign operations, and related programs +enacted before, on, or after the date of the enactment of this Act +shall for this fiscal year, and any fiscal year thereafter, be +construed to mean the ``United States Agency for Global Media'' or +``USAGM'', respectively. + + broadcasting capital improvements + + For the purchase, rent, construction, repair, preservation, and +improvement of facilities for radio, television, and digital +transmission and reception; the purchase, rent, and installation of +necessary equipment for radio, television, and digital transmission and +reception, including to Cuba, as authorized; and physical security +worldwide, in addition to amounts otherwise available for such +purposes, $11,700,000, to remain available until expended, as +authorized, of which not less than $2,000,000 shall be made available +for emergency repairs to USAGM transmitting stations. + + RELATED PROGRAMS + + The Asia Foundation + + For a grant to The Asia Foundation, as authorized by The Asia +Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until +expended: Provided, That funds appropriated under this heading shall +be apportioned and obligated to the Foundation not later than 60 days +after enactment of this Act. + + United States Institute of Peace + + For necessary expenses of the United States Institute of Peace, as +authorized by the United States Institute of Peace Act (22 U.S.C. 4601 +et seq.), $45,000,000, to remain available until September 30, 2021, +which shall not be used for construction activities. + + Center for Middle Eastern-Western Dialogue Trust Fund + + For necessary expenses of the Center for Middle Eastern-Western +Dialogue Trust Fund, as authorized by section 633 of the Departments of +Commerce, Justice, and State, the Judiciary, and Related Agencies +Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the +interest and earnings accruing to such Fund on or before September 30, +2020, to remain available until expended. + + Eisenhower Exchange Fellowship Program + + For necessary expenses of Eisenhower Exchange Fellowships, +Incorporated, as authorized by sections 4 and 5 of the Eisenhower +Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and +earnings accruing to the Eisenhower Exchange Fellowship Program Trust +Fund on or before September 30, 2020, to remain available until +expended: Provided, That none of the funds appropriated herein shall +be used to pay any salary or other compensation, or to enter into any +contract providing for the payment thereof, in excess of the rate +authorized by section 5376 of title 5, United States Code; or for +purposes which are not in accordance with section 200 of title 2 of the +Code of Federal Regulations, including the restrictions on compensation +for personal services. + + Israeli Arab Scholarship Program + + For necessary expenses of the Israeli Arab Scholarship Program, as +authorized by section 214 of the Foreign Relations Authorization Act, +Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and +earnings accruing to the Israeli Arab Scholarship Fund on or before +September 30, 2020, to remain available until expended. + + East-West Center + + To enable the Secretary of State to provide for carrying out the +provisions of the Center for Cultural and Technical Interchange Between +East and West Act of 1960, by grant to the Center for Cultural and +Technical Interchange Between East and West in the State of Hawaii, +$16,700,000: Provided, That funds appropriated under this heading +shall be apportioned and obligated to the Center not later than 60 days +after enactment of this Act. + + National Endowment for Democracy + + For grants made by the Department of State to the National +Endowment for Democracy, as authorized by the National Endowment for +Democracy Act (22 U.S.C. 4412), $300,000,000, to remain available until +expended, of which $195,840,000 shall be allocated in the traditional +and customary manner, including for the core institutes, and +$104,160,000 shall be for democracy programs: Provided, That the +requirements of section 7061(a) of this Act shall not apply to funds +made available under this heading: Provided further, That funds +appropriated under this heading shall be apportioned and obligated to +the Endowment not later than 60 days after enactment of this Act. + + OTHER COMMISSIONS + + Commission for the Preservation of America's Heritage Abroad + + salaries and expenses + + For necessary expenses for the Commission for the Preservation of +America's Heritage Abroad, $675,000, as authorized by chapter 3123 of +title 54, United States Code: Provided, That the Commission may +procure temporary, intermittent, and other services notwithstanding +paragraph (3) of section 312304(b) of such chapter: Provided further, +That such authority shall terminate on October 1, 2020: Provided +further, That the Commission shall notify the Committees on +Appropriations prior to exercising such authority. + + United States Commission on International Religious Freedom + + salaries and expenses + + For necessary expenses for the United States Commission on +International Religious Freedom (USCIRF), as authorized by title II of +the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et +seq.), $4,500,000, to remain available until September 30, 2021, +including not more than $4,000 for representation expenses: Provided, +That prior to the obligation of $1,000,000 of the funds appropriated +under this heading, the Commission shall consult with the appropriate +congressional committees on the status of legislation to reauthorize +the Commission, and such funds shall be subject to the regular +notification procedures of the Committees on Appropriations. + + Commission on Security and Cooperation in Europe + + salaries and expenses + + For necessary expenses of the Commission on Security and +Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C. +3001 et seq.), $2,579,000, including not more than $4,000 for +representation expenses, to remain available until September 30, 2021. + + Congressional-Executive Commission on the People's Republic of China + + salaries and expenses + + For necessary expenses of the Congressional-Executive Commission on +the People's Republic of China, as authorized by title III of the U.S.- +China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000, +including not more than $3,000 for representation expenses, to remain +available until September 30, 2021. + + United States-China Economic and Security Review Commission + + salaries and expenses + + For necessary expenses of the United States-China Economic and +Security Review Commission, as authorized by section 1238 of the Floyd +D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 +U.S.C. 7002), $3,500,000, including not more than $4,000 for +representation expenses, to remain available until September 30, 2021: +Provided, That the authorities, requirements, limitations, and +conditions contained in the second through sixth provisos under this +heading in the Department of State, Foreign Operations, and Related +Programs Appropriations Act, 2010 (division F of Public Law 111-117) +shall continue in effect during fiscal year 2020 and shall apply to +funds appropriated under this heading. + + TITLE II + + UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT + + Funds Appropriated to the President + + operating expenses + + For necessary expenses to carry out the provisions of section 667 +of the Foreign Assistance Act of 1961, $1,377,246,000, of which up to +$206,587,000 may remain available until September 30, 2021: Provided, +That none of the funds appropriated under this heading and under the +heading ``Capital Investment Fund'' in this title may be made available +to finance the construction (including architect and engineering +services), purchase, or long-term lease of offices for use by the +United States Agency for International Development, unless the USAID +Administrator has identified such proposed use of funds in a report +submitted to the Committees on Appropriations at least 15 days prior to +the obligation of funds for such purposes: Provided further, That +contracts or agreements entered into with funds appropriated under this +heading may entail commitments for the expenditure of such funds +through the following fiscal year: Provided further, That the +authority of sections 610 and 109 of the Foreign Assistance Act of 1961 +may be exercised by the Secretary of State to transfer funds +appropriated to carry out chapter 1 of part I of such Act to +``Operating Expenses'' in accordance with the provisions of those +sections: Provided further, That of the funds appropriated or made +available under this heading, not to exceed $250,000 may be available +for representation and entertainment expenses, of which not to exceed +$5,000 may be available for entertainment expenses, and not to exceed +$100,500 shall be for official residence expenses, for USAID during the +current fiscal year: Provided further, That the USAID Administrator +shall consult with the Committees on Appropriations not later than 60 +days after enactment of this Act on changes to the account structure as +described in the explanatory statement described in section 4 (in the +matter preceding division A of this consolidated Act). + + capital investment fund + + For necessary expenses for overseas construction and related costs, +and for the procurement and enhancement of information technology and +related capital investments, pursuant to section 667 of the Foreign +Assistance Act of 1961, $210,300,000, to remain available until +expended: Provided, That this amount is in addition to funds otherwise +available for such purposes: Provided further, That funds appropriated +under this heading shall be available subject to the regular +notification procedures of the Committees on Appropriations. + + office of inspector general + + For necessary expenses to carry out the provisions of section 667 +of the Foreign Assistance Act of 1961, $75,500,000, of which up to +$11,325,000 may remain available until September 30, 2021, for the +Office of Inspector General of the United States Agency for +International Development. + + TITLE III + + BILATERAL ECONOMIC ASSISTANCE + + Funds Appropriated to the President + + For necessary expenses to enable the President to carry out the +provisions of the Foreign Assistance Act of 1961, and for other +purposes, as follows: + + global health programs + + For necessary expenses to carry out the provisions of chapters 1 +and 10 of part I of the Foreign Assistance Act of 1961, for global +health activities, in addition to funds otherwise available for such +purposes, $3,162,450,000, to remain available until September 30, 2021, +and which shall be apportioned directly to the United States Agency for +International Development not later than 60 days after enactment of +this Act: Provided, That this amount shall be made available for +training, equipment, and technical assistance to build the capacity of +public health institutions and organizations in developing countries, +and for such activities as: (1) child survival and maternal health +programs; (2) immunization and oral rehydration programs; (3) other +health, nutrition, water and sanitation programs which directly address +the needs of mothers and children, and related education programs; (4) +assistance for children displaced or orphaned by causes other than +AIDS; (5) programs for the prevention, treatment, control of, and +research on HIV/AIDS, tuberculosis, polio, malaria, and other +infectious diseases including neglected tropical diseases, and for +assistance to communities severely affected by HIV/AIDS, including +children infected or affected by AIDS; (6) disaster preparedness +training for health crises; (7) programs to prevent, prepare for, and +respond to, unanticipated and emerging global health threats; and (8) +family planning/reproductive health: Provided further, That funds +appropriated under this paragraph may be made available for a United +States contribution to The GAVI Alliance: Provided further, That none +of the funds made available in this Act nor any unobligated balances +from prior appropriations Acts may be made available to any +organization or program which, as determined by the President of the +United States, supports or participates in the management of a program +of coercive abortion or involuntary sterilization: Provided further, +That any determination made under the previous proviso must be made not +later than 6 months after the date of enactment of this Act, and must +be accompanied by the evidence and criteria utilized to make the +determination: Provided further, That none of the funds made available +under this Act may be used to pay for the performance of abortion as a +method of family planning or to motivate or coerce any person to +practice abortions: Provided further, That nothing in this paragraph +shall be construed to alter any existing statutory prohibitions against +abortion under section 104 of the Foreign Assistance Act of 1961: +Provided further, That none of the funds made available under this Act +may be used to lobby for or against abortion: Provided further, That +in order to reduce reliance on abortion in developing nations, funds +shall be available only to voluntary family planning projects which +offer, either directly or through referral to, or information about +access to, a broad range of family planning methods and services, and +that any such voluntary family planning project shall meet the +following requirements: (1) service providers or referral agents in the +project shall not implement or be subject to quotas, or other numerical +targets, of total number of births, number of family planning +acceptors, or acceptors of a particular method of family planning (this +provision shall not be construed to include the use of quantitative +estimates or indicators for budgeting and planning purposes); (2) the +project shall not include payment of incentives, bribes, gratuities, or +financial reward to: (A) an individual in exchange for becoming a +family planning acceptor; or (B) program personnel for achieving a +numerical target or quota of total number of births, number of family +planning acceptors, or acceptors of a particular method of family +planning; (3) the project shall not deny any right or benefit, +including the right of access to participate in any program of general +welfare or the right of access to health care, as a consequence of any +individual's decision not to accept family planning services; (4) the +project shall provide family planning acceptors comprehensible +information on the health benefits and risks of the method chosen, +including those conditions that might render the use of the method +inadvisable and those adverse side effects known to be consequent to +the use of the method; and (5) the project shall ensure that +experimental contraceptive drugs and devices and medical procedures are +provided only in the context of a scientific study in which +participants are advised of potential risks and benefits; and, not less +than 60 days after the date on which the USAID Administrator determines +that there has been a violation of the requirements contained in +paragraph (1), (2), (3), or (5) of this proviso, or a pattern or +practice of violations of the requirements contained in paragraph (4) +of this proviso, the Administrator shall submit to the Committees on +Appropriations a report containing a description of such violation and +the corrective action taken by the Agency: Provided further, That in +awarding grants for natural family planning under section 104 of the +Foreign Assistance Act of 1961 no applicant shall be discriminated +against because of such applicant's religious or conscientious +commitment to offer only natural family planning; and, additionally, +all such applicants shall comply with the requirements of the previous +proviso: Provided further, That for purposes of this or any other Act +authorizing or appropriating funds for the Department of State, foreign +operations, and related programs, the term ``motivate'', as it relates +to family planning assistance, shall not be construed to prohibit the +provision, consistent with local law, of information or counseling +about all pregnancy options: Provided further, That information +provided about the use of condoms as part of projects or activities +that are funded from amounts appropriated by this Act shall be +medically accurate and shall include the public health benefits and +failure rates of such use. + In addition, for necessary expenses to carry out the provisions of +the Foreign Assistance Act of 1961 for the prevention, treatment, and +control of, and research on, HIV/AIDS, $5,930,000,000, to remain +available until September 30, 2024, which shall be apportioned directly +to the Department of State not later than 60 days after enactment of +this Act: Provided, That funds appropriated under this paragraph may +be made available, notwithstanding any other provision of law, except +for the United States Leadership Against HIV/AIDS, Tuberculosis, and +Malaria Act of 2003 (Public Law 108-25), for a United States +contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria +(Global Fund): Provided further, That the amount of such contribution +shall be $1,560,000,000 and shall be for the first installment of the +sixth replenishment: Provided further, That up to 5 percent of the +aggregate amount of funds made available to the Global Fund in fiscal +year 2020 may be made available to USAID for technical assistance +related to the activities of the Global Fund, subject to the regular +notification procedures of the Committees on Appropriations: Provided +further, That of the funds appropriated under this paragraph, up to +$17,000,000 may be made available, in addition to amounts otherwise +available for such purposes, for administrative expenses of the Office +of the United States Global AIDS Coordinator. + + development assistance + + For necessary expenses to carry out the provisions of sections 103, +105, 106, 214, and sections 251 through 255, and chapter 10 of part I +of the Foreign Assistance Act of 1961, $3,400,000,000, to remain +available until September 30, 2021: Provided, That funds made +available under this heading shall be apportioned directly to the +United States Agency for International Development not later than 60 +days after enactment of this Act. + + international disaster assistance + + For necessary expenses to carry out the provisions of section 491 +of the Foreign Assistance Act of 1961 for international disaster +relief, rehabilitation, and reconstruction assistance, $4,395,362,000, +to remain available until expended, of which $1,733,980,000 is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985: Provided, That funds +made available under this heading shall be apportioned to the United +States Agency for International Development not later than 60 days +after enactment of this Act. + + transition initiatives + + For necessary expenses for international disaster rehabilitation +and reconstruction assistance administered by the Office of Transition +Initiatives, United States Agency for International Development, +pursuant to section 491 of the Foreign Assistance Act of 1961, and to +support transition to democracy and long-term development of countries +in crisis, $92,043,000, to remain available until expended: Provided, +That such support may include assistance to develop, strengthen, or +preserve democratic institutions and processes, revitalize basic +infrastructure, and foster the peaceful resolution of conflict: +Provided further, That the USAID Administrator shall submit a report to +the Committees on Appropriations at least 5 days prior to beginning a +new program of assistance: Provided further, That if the Secretary of +State determines that it is important to the national interest of the +United States to provide transition assistance in excess of the amount +appropriated under this heading, up to $15,000,000 of the funds +appropriated by this Act to carry out the provisions of part I of the +Foreign Assistance Act of 1961 may be used for purposes of this heading +and under the authorities applicable to funds appropriated under this +heading: Provided further, That funds made available pursuant to the +previous proviso shall be made available subject to prior consultation +with the Committees on Appropriations. + + complex crises fund + + For necessary expenses to carry out the provisions of the Foreign +Assistance Act of 1961 to support programs and activities administered +by the United States Agency for International Development to prevent or +respond to emerging or unforeseen foreign challenges and complex crises +overseas, $30,000,000, to remain available until expended: Provided, +That funds appropriated under this heading may be made available on +such terms and conditions as are appropriate and necessary for the +purposes of preventing or responding to such challenges and crises, +except that no funds shall be made available for lethal assistance or +to respond to natural disasters: Provided further, That funds +appropriated under this heading may be made available notwithstanding +any other provision of law, except sections 7007, 7008, and 7018 of +this Act and section 620M of the Foreign Assistance Act of 1961: +Provided further, That funds appropriated under this heading may be +used for administrative expenses, in addition to funds otherwise +available for such purposes, except that such expenses may not exceed 5 +percent of the funds appropriated under this heading: Provided +further, That funds appropriated under this heading shall be +apportioned to USAID not later than 60 days after enactment of this +Act: Provided further, That funds appropriated under this heading +shall be subject to the regular notification procedures of the +Committees on Appropriations, except that such notifications shall be +transmitted at least 5 days prior to the obligation of funds. + + economic support fund + + For necessary expenses to carry out the provisions of chapter 4 of +part II of the Foreign Assistance Act of 1961, $3,045,000,000, to +remain available until September 30, 2021. + + democracy fund + + For necessary expenses to carry out the provisions of the Foreign +Assistance Act of 1961 for the promotion of democracy globally, +including to carry out the purposes of section 502(b)(3) and (5) of +Public Law 98-164 (22 U.S.C. 4411), $178,450,000, to remain available +until September 30, 2021, which shall be made available for the Human +Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and +Labor, Department of State, and shall be apportioned to such Bureau not +later than 60 days after enactment of this Act: Provided, That funds +appropriated under this heading that are made available to the National +Endowment for Democracy and its core institutes are in addition to +amounts otherwise available by this Act for such purposes: Provided +further, That the Assistant Secretary for Democracy, Human Rights, and +Labor, Department of State, shall consult with the Committees on +Appropriations prior to the initial obligation of funds appropriated +under this paragraph. + For an additional amount for such purposes, $95,250,000, to remain +available until September 30, 2021, which shall be made available for +the Bureau for Democracy, Conflict, and Humanitarian Assistance, United +States Agency for International Development, and shall be apportioned +to such Bureau not later than 60 days after enactment of this Act. + + assistance for europe, eurasia and central asia + + For necessary expenses to carry out the provisions of the Foreign +Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511), +and the Support for Eastern European Democracy (SEED) Act of 1989 +(Public Law 101-179), $770,334,000, to remain available until September +30, 2021, which shall be available, notwithstanding any other provision +of law, except section 7047 of this Act, for assistance and related +programs for countries identified in section 3 of the FREEDOM Support +Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22 +U.S.C. 5402), in addition to funds otherwise available for such +purposes: Provided, That funds appropriated by this Act under the +headings ``Global Health Programs'', ``Economic Support Fund'', and +``International Narcotics Control and Law Enforcement'' that are made +available for assistance for such countries shall be administered in +accordance with the responsibilities of the coordinator designated +pursuant to section 102 of the FREEDOM Support Act and section 601 of +the SEED Act of 1989: Provided further, That funds appropriated under +this heading shall be considered to be economic assistance under the +Foreign Assistance Act of 1961 for purposes of making available the +administrative authorities contained in that Act for the use of +economic assistance: Provided further, That funds appropriated under +this heading may be made available for contributions to multilateral +initiatives to counter hybrid threats: Provided further, That any +notification of funds made available under this heading in this Act or +prior Acts making appropriations for the Department of State, foreign +operations, and related programs shall include information (if known on +the date of transmittal of such notification) on the use of +notwithstanding authority: Provided further, That if subsequent to the +notification of assistance it becomes necessary to rely on +notwithstanding authority, the Committees on Appropriations should be +informed at the earliest opportunity and to the extent practicable. + + Department of State + + migration and refugee assistance + + For necessary expenses not otherwise provided for, to enable the +Secretary of State to carry out the provisions of section 2(a) and (b) +of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), +and other activities to meet refugee and migration needs; salaries and +expenses of personnel and dependents as authorized by the Foreign +Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized +by sections 5921 through 5925 of title 5, United States Code; purchase +and hire of passenger motor vehicles; and services as authorized by +section 3109 of title 5, United States Code, $3,432,000,000, to remain +available until expended, of which: $1,521,355,000 is designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985; not less than $35,000,000 shall +be made available to respond to small-scale emergency humanitarian +requirements; and $5,000,000 shall be made available for refugees +resettling in Israel. + + united states emergency refugee and migration assistance fund + + For necessary expenses to carry out the provisions of section 2(c) +of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. +2601(c)), $100,000, to remain available until expended: Provided, That +amounts in excess of the limitation contained in paragraph (2) of such +section shall be transferred to, and merged with, funds made available +by this Act under the heading ``Migration and Refugee Assistance''. + + Independent Agencies + + peace corps + + (including transfer of funds) + + For necessary expenses to carry out the provisions of the Peace +Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to +exceed five passenger motor vehicles for administrative purposes for +use outside of the United States, $410,500,000, of which $6,330,000 is +for the Office of Inspector General, to remain available until +September 30, 2021: Provided, That the Director of the Peace Corps may +transfer to the Foreign Currency Fluctuations Account, as authorized by +section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to +exceed $5,000,000: Provided further, That funds transferred pursuant +to the previous proviso may not be derived from amounts made available +for Peace Corps overseas operations: Provided further, That of the +funds appropriated under this heading, not to exceed $104,000 may be +available for representation expenses, of which not to exceed $4,000 +may be made available for entertainment expenses: Provided further, +That none of the funds appropriated under this heading shall be used to +pay for abortions: Provided further, That notwithstanding the previous +proviso, section 614 of division E of Public Law 113-76 shall apply to +funds appropriated under this heading. + + millennium challenge corporation + + For necessary expenses to carry out the provisions of the +Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), +$905,000,000, to remain available until expended: Provided, That of +the funds appropriated under this heading, up to $105,000,000 may be +available for administrative expenses of the Millennium Challenge +Corporation: Provided further, That section 605(e) of the MCA (22 +U.S.C. 7704(e)) shall apply to funds appropriated under this heading: +Provided further, That funds appropriated under this heading may be +made available for a Millennium Challenge Compact entered into pursuant +to section 609 of the MCA (22 U.S.C. 7708) only if such Compact +obligates, or contains a commitment to obligate subject to the +availability of funds and the mutual agreement of the parties to the +Compact to proceed, the entire amount of the United States Government +funding anticipated for the duration of the Compact: Provided further, +That no country should be eligible for a threshold program after such +country has completed a country compact: Provided further, That of the +funds appropriated under this heading, not to exceed $100,000 may be +available for representation and entertainment expenses, of which not +to exceed $5,000 may be available for entertainment expenses. + + inter-american foundation + + For necessary expenses to carry out the functions of the Inter- +American Foundation in accordance with the provisions of section 401 of +the Foreign Assistance Act of 1969, $37,500,000, to remain available +until September 30, 2021: Provided, That of the funds appropriated +under this heading, not to exceed $2,000 may be available for +representation expenses. + + united states african development foundation + + For necessary expenses to carry out the African Development +Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.), +$33,000,000, to remain available until September 30, 2021, of which not +to exceed $2,000 may be available for representation expenses: +Provided, That funds made available to grantees may be invested pending +expenditure for project purposes when authorized by the Board of +Directors of the United States African Development Foundation (USADF): +Provided further, That interest earned shall be used only for the +purposes for which the grant was made: Provided further, That +notwithstanding section 505(a)(2) of the African Development Foundation +Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of +Directors of the USADF may waive the $250,000 limitation contained in +that section with respect to a project and a project may exceed the +limitation by up to 10 percent if the increase is due solely to foreign +currency fluctuation: Provided further, That the USADF shall submit a +report to the appropriate congressional committees after each time such +waiver authority is exercised: Provided further, That the USADF may +make rent or lease payments in advance from appropriations available +for such purpose for offices, buildings, grounds, and quarters in +Africa as may be necessary to carry out its functions: Provided +further, That the USADF may maintain bank accounts outside the United +States Treasury and retain any interest earned on such accounts, in +furtherance of the purposes of the African Development Foundation Act: +Provided further, That the USADF may not withdraw any appropriation +from the Treasury prior to the need of spending such funds for program +purposes. + + Department of the Treasury + + international affairs technical assistance + + For necessary expenses to carry out the provisions of section 129 +of the Foreign Assistance Act of 1961, $30,000,000, to remain available +until expended, of which not more than $6,000,000 may be used for +administrative expenses: Provided, That amounts made available under +this heading may be made available to contract for services as +described in section 129(d)(3)(A) of the Foreign Assistance Act of +1961, without regard to the location in which such services are +performed. + + debt restructuring + + For the costs, as defined in section 502 of the Congressional +Budget Act of 1974, of modifying loans and loan guarantees, as the +President may determine, for which funds have been appropriated or +otherwise made available for programs within the International Affairs +Budget Function 150, including the cost of selling, reducing, or +canceling amounts owed to the United States as a result of concessional +loans made to eligible countries, pursuant to part V of the Foreign +Assistance Act of 1961, $15,000,000, to remain available until +September 30, 2021. + + TITLE IV + + INTERNATIONAL SECURITY ASSISTANCE + + Department of State + + international narcotics control and law enforcement + + For necessary expenses to carry out section 481 of the Foreign +Assistance Act of 1961, $1,391,000,000, to remain available until +September 30, 2021: Provided, That the Department of State may use the +authority of section 608 of the Foreign Assistance Act of 1961, without +regard to its restrictions, to receive excess property from an agency +of the United States Government for the purpose of providing such +property to a foreign country or international organization under +chapter 8 of part I of such Act, subject to the regular notification +procedures of the Committees on Appropriations: Provided further, That +section 482(b) of the Foreign Assistance Act of 1961 shall not apply to +funds appropriated under this heading, except that any funds made +available notwithstanding such section shall be subject to the regular +notification procedures of the Committees on Appropriations: Provided +further, That funds appropriated under this heading shall be made +available to support training and technical assistance for foreign law +enforcement, corrections, judges, and other judicial authorities, +utilizing regional partners: Provided further, That funds made +available under this heading that are transferred to another +department, agency, or instrumentality of the United States Government +pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued +in excess of $5,000,000, and any agreement made pursuant to section +632(a) of such Act, shall be subject to the regular notification +procedures of the Committees on Appropriations. + + nonproliferation, anti-terrorism, demining and related programs + + For necessary expenses for nonproliferation, anti-terrorism, +demining and related programs and activities, $895,750,000, to remain +available until September 30, 2021, to carry out the provisions of +chapter 8 of part II of the Foreign Assistance Act of 1961 for anti- +terrorism assistance, chapter 9 of part II of the Foreign Assistance +Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854), +section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the +Foreign Assistance Act of 1961 for demining activities, the clearance +of unexploded ordnance, the destruction of small arms, and related +activities, notwithstanding any other provision of law, including +activities implemented through nongovernmental and international +organizations, and section 301 of the Foreign Assistance Act of 1961 +for a United States contribution to the Comprehensive Nuclear Test Ban +Treaty Preparatory Commission, and for a voluntary contribution to the +International Atomic Energy Agency (IAEA): Provided, That funds made +available under this heading for the Nonproliferation and Disarmament +Fund shall be made available, notwithstanding any other provision of +law and subject to prior consultation with, and the regular +notification procedures of, the Committees on Appropriations, to +promote bilateral and multilateral activities relating to +nonproliferation, disarmament, and weapons destruction, and shall +remain available until expended: Provided further, That such funds may +also be used for such countries other than the Independent States of +the former Soviet Union and international organizations when it is in +the national security interest of the United States to do so: Provided +further, That funds appropriated under this heading may be made +available for the IAEA unless the Secretary of State determines that +Israel is being denied its right to participate in the activities of +that Agency: Provided further, That funds made available for +conventional weapons destruction programs, including demining and +related activities, in addition to funds otherwise available for such +purposes, may be used for administrative expenses related to the +operation and management of such programs and activities, subject to +the regular notification procedures of the Committees on +Appropriations. + + peacekeeping operations + + For necessary expenses to carry out the provisions of section 551 +of the Foreign Assistance Act of 1961, $457,348,000, of which +$325,213,000, to remain available until September 30, 2021, is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985: Provided, That funds +appropriated under this heading may be used, notwithstanding section +660 of the Foreign Assistance Act of 1961, to provide assistance to +enhance the capacity of foreign civilian security forces, including +gendarmes, to participate in peacekeeping operations: Provided +further, That of the funds appropriated under this heading, not less +than $31,000,000 shall be made available for a United States +contribution to the Multinational Force and Observers mission in the +Sinai and not less than $71,000,000 shall be made available for the +Global Peace Operations Initiative: Provided further, That funds +appropriated under this heading may be made available to pay assessed +expenses of international peacekeeping activities in Somalia under the +same terms and conditions, as applicable, as funds appropriated by this +Act under the heading ``Contributions for International Peacekeeping +Activities'': Provided further, That none of the funds appropriated +under this heading shall be obligated except as provided through the +regular notification procedures of the Committees on Appropriations. + + Funds Appropriated to the President + + international military education and training + + For necessary expenses to carry out the provisions of section 541 +of the Foreign Assistance Act of 1961, $112,925,000, of which up to +$11,000,000 may remain available until September 30, 2021 and may not +be obligated until the Secretary of State submits to the Committees on +Appropriations, following consultation with such Committees, a +monitoring and evaluation plan for funds made available under this +heading, as described under this heading in Senate Report 116-126: +Provided, That the civilian personnel for whom military education and +training may be provided under this heading may include civilians who +are not members of a government whose participation would contribute to +improved civil-military relations, civilian control of the military, or +respect for human rights: Provided further, That of the funds +appropriated under this heading, not to exceed $50,000 may be available +for entertainment expenses. + + foreign military financing program + + For necessary expenses for grants to enable the President to carry +out the provisions of section 23 of the Arms Export Control Act (22 +U.S.C. 2763), $6,156,924,000, of which $511,909,000, to remain +available until September 30, 2021, is designated by the Congress for +Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985: Provided, That to expedite the provision of +assistance to foreign countries and international organizations, the +Secretary of State, following consultation with the Committees on +Appropriations and subject to the regular notification procedures of +such Committees, may use the funds appropriated under this heading to +procure defense articles and services to enhance the capacity of +foreign security forces: Provided further, That of the funds +appropriated under this heading, not less than $3,300,000,000 shall be +available for grants only for Israel which shall be disbursed within 30 +days of enactment of this Act: Provided further, That to the extent +that the Government of Israel requests that funds be used for such +purposes, grants made available for Israel under this heading shall, as +agreed by the United States and Israel, be available for advanced +weapons systems, of which not less than $805,300,000 shall be available +for the procurement in Israel of defense articles and defense services, +including research and development: Provided further, That funds +appropriated or otherwise made available under this heading shall be +nonrepayable notwithstanding any requirement in section 23 of the Arms +Export Control Act: Provided further, That funds made available under +this heading shall be obligated upon apportionment in accordance with +paragraph (5)(C) of section 1501(a) of title 31, United States Code. + None of the funds made available under this heading shall be +available to finance the procurement of defense articles, defense +services, or design and construction services that are not sold by the +United States Government under the Arms Export Control Act unless the +foreign country proposing to make such procurement has first signed an +agreement with the United States Government specifying the conditions +under which such procurement may be financed with such funds: +Provided, That all country and funding level increases in allocations +shall be submitted through the regular notification procedures of +section 7015 of this Act: Provided further, That funds made available +under this heading may be used, notwithstanding any other provision of +law, for demining, the clearance of unexploded ordnance, and related +activities, and may include activities implemented through +nongovernmental and international organizations: Provided further, +That only those countries for which assistance was justified for the +``Foreign Military Sales Financing Program'' in the fiscal year 1989 +congressional presentation for security assistance programs may utilize +funds made available under this heading for procurement of defense +articles, defense services, or design and construction services that +are not sold by the United States Government under the Arms Export +Control Act: Provided further, That funds appropriated under this +heading shall be expended at the minimum rate necessary to make timely +payment for defense articles and services: Provided further, That not +more than $70,000,000 of the funds appropriated under this heading may +be obligated for necessary expenses, including the purchase of +passenger motor vehicles for replacement only for use outside of the +United States, for the general costs of administering military +assistance and sales, except that this limitation may be exceeded only +through the regular notification procedures of the Committees on +Appropriations: Provided further, That of the funds made available +under this heading for general costs of administering military +assistance and sales, not to exceed $4,000 may be available for +entertainment expenses and not to exceed $130,000 may be available for +representation expenses: Provided further, That not more than +$1,082,200,000 of funds realized pursuant to section 21(e)(1)(A) of the +Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for +expenses incurred by the Department of Defense during fiscal year 2020 +pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C. +2792(b)), except that this limitation may be exceeded only through the +regular notification procedures of the Committees on Appropriations. + + TITLE V + + MULTILATERAL ASSISTANCE + + Funds Appropriated to the President + + international organizations and programs + + For necessary expenses to carry out the provisions of section 301 +of the Foreign Assistance Act of 1961, $390,500,000: Provided, That +section 307(a) of the Foreign Assistance Act of 1961 shall not apply to +contributions to the United Nations Democracy Fund: Provided further, +That not later than 60 days after enactment of this Act, such funds +shall be made available for core contributions for each entity listed +in the table under this heading in the explanatory statement described +in section 4 (in the matter preceding division A of this consolidated +Act) unless otherwise provided for in this Act, or if the Secretary of +State has justified the proposed uses of funds other than for core +contributions following prior consultation with, and subject to the +regular notification procedures of, the Committees on Appropriations. + + International Financial Institutions + + global environment facility + + For payment to the International Bank for Reconstruction and +Development as trustee for the Global Environment Facility by the +Secretary of the Treasury, $139,575,000, to remain available until, and +to be fully disbursed not later than, September 30, 2021: Provided, +That of such amount, $136,563,000, which shall remain available until +September 30, 2020, is only available for the second installment of the +seventh replenishment of the Global Environment Facility, and shall be +obligated and disbursed not later than 90 days after enactment of this +Act: Provided further, That the Secretary shall report to the +Committees on Appropriations on the status of funds provided under this +heading not less than quarterly until fully disbursed: Provided +further, That in such report the Secretary shall provide a timeline for +the obligation and disbursement of any funds that have not yet been +obligated or disbursed. + + contribution to the international bank for reconstruction and + development + + For payment to the International Bank for Reconstruction and +Development by the Secretary of the Treasury for the United States +share of the paid-in portion of the increases in capital stock, +$206,500,000, to remain available until expended. + + limitation on callable capital subscriptions + + The United States Governor of the International Bank for +Reconstruction and Development may subscribe without fiscal year +limitation to the callable capital portion of the United States share +of increases in capital stock in an amount not to exceed +$1,421,275,728.70. + + contribution to the international development association + + For payment to the International Development Association by the +Secretary of the Treasury, $1,097,010,000, to remain available until +expended. + + contribution to the asian development fund + + For payment to the Asian Development Bank's Asian Development Fund +by the Secretary of the Treasury, $47,395,000, to remain available +until expended. + + contribution to the african development fund + + For payment to the African Development Fund by the Secretary of the +Treasury, $171,300,000, to remain available until expended. + + contribution to the international fund for agricultural development + + For payment to the International Fund for Agricultural Development +by the Secretary of the Treasury, $30,000,000, to remain available +until, and to be fully disbursed no later than, September 30, 2021, for +the second installment of the eleventh replenishment of the +International Fund for Agricultural Development: Provided, That the +Secretary of the Treasury shall report to the Committees on +Appropriations on the status of such payment not less than quarterly +until fully disbursed: Provided further, That in such report the +Secretary shall provide a timeline for the obligation and disbursement +of any funds that have not yet been obligated or disbursed. + + TITLE VI + + EXPORT AND INVESTMENT ASSISTANCE + + Export-Import Bank of the United States + + inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978 (5 +U.S.C. App.), $5,700,000, of which up to $855,000 may remain available +until September 30, 2021. + + program account + + The Export-Import Bank of the United States is authorized to make +such expenditures within the limits of funds and borrowing authority +available to such corporation, and in accordance with law, and to make +such contracts and commitments without regard to fiscal year +limitations, as provided by section 9104 of title 31, United States +Code, as may be necessary in carrying out the program for the current +fiscal year for such corporation: Provided, That none of the funds +available during the current fiscal year may be used to make +expenditures, contracts, or commitments for the export of nuclear +equipment, fuel, or technology to any country, other than a nuclear- +weapon state as defined in Article IX of the Treaty on the Non- +Proliferation of Nuclear Weapons eligible to receive economic or +military assistance under this Act, that has detonated a nuclear +explosive after the date of enactment of this Act. + + administrative expenses + + For administrative expenses to carry out the direct and guaranteed +loan and insurance programs, including hire of passenger motor vehicles +and services as authorized by section 3109 of title 5, United States +Code, and not to exceed $30,000 for official reception and +representation expenses for members of the Board of Directors, not to +exceed $110,000,000, of which up to $16,500,000 may remain available +until September 30, 2021: Provided, That the Export-Import Bank (the +Bank) may accept, and use, payment or services provided by transaction +participants for legal, financial, or technical services in connection +with any transaction for which an application for a loan, guarantee or +insurance commitment has been made: Provided further, That the Bank +shall charge fees for necessary expenses (including special services +performed on a contract or fee basis, but not including other personal +services) in connection with the collection of moneys owed the Bank, +repossession or sale of pledged collateral or other assets acquired by +the Bank in satisfaction of moneys owed the Bank, or the investigation +or appraisal of any property, or the evaluation of the legal, +financial, or technical aspects of any transaction for which an +application for a loan, guarantee or insurance commitment has been +made, or systems infrastructure directly supporting transactions: +Provided further, That in addition to other funds appropriated for +administrative expenses, such fees shall be credited to this account +for such purposes, to remain available until expended. + + receipts collected + + Receipts collected pursuant to the Export-Import Bank Act of 1945 +(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an +amount not to exceed the amount appropriated herein, shall be credited +as offsetting collections to this account: Provided, That the sums +herein appropriated from the General Fund shall be reduced on a dollar- +for-dollar basis by such offsetting collections so as to result in a +final fiscal year appropriation from the General Fund estimated at $0. + + United States International Development Finance Corporation + + inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978 (5 +U.S.C. App.), $2,000,000, to remain available until September 30, 2021. + + corporate capital account + + The United States International Development Finance Corporation +(the Corporation) is authorized to make such expenditures and +commitments within the limits of funds and borrowing authority +available to the Corporation, and in accordance with the law, and to +make such expenditures and commitments without regard to fiscal year +limitations, as provided by section 9104 of title 31, United States +Code, as may be necessary in carrying out the programs for the current +fiscal year for the Corporation: Provided, That for necessary expenses +of the activities described in subsections (b), (c), (e), (f), and (g) +of section 1421 of the BUILD Act of 2018 (division F of Public Law 115- +254) and for administrative expenses to carry out authorized activities +and project-specific transaction costs described in section 1434(d) of +such Act, $299,000,000: Provided further, That of the amount +provided-- + (1) $119,000,000 shall remain available until September 30, + 2022, for administrative expenses to carry out authorized + activities (including an amount for official reception and + representation expenses which shall not exceed $25,000) and + project-specific transaction costs as described in section 1434(k) + of such Act, of which $1,000,000 shall remain available until + September 30, 2024; + (2) $150,000,000 shall remain available until September 30, + 2022, for the activities described in section 1421(c) of such Act, + except such amounts obligated in a fiscal year shall remain + available for disbursement for the term of the underlying project: + Provided further, That if the term of the project extends longer + than 10 fiscal years, the Chief Executive Officer of the + Corporation shall inform the appropriate congressional committees + prior to the obligation or disbursement of funds, as applicable: + Provided further, That amounts may only be obligated after the + Chief Executive Officer of the Corporation submits to the + appropriate congressional committees the guidelines and criteria + required by paragraph (3) of such section; and + (3) $30,000,000 shall be paid to the ``United States + International Development Finance Corporation--Program Account'' + for programs authorized by subsections (b), (e), (f), and (g) of + section 1421 of the BUILD Act of 2018 (division F of Public Law + 115-254): + Provided further, That funds may only be obligated pursuant to +section 1421(g) of the BUILD Act of 2018 subject to prior consultation +with the appropriate congressional committees and the regular +notification procedures of the Committees on Appropriations: Provided +further, That in this fiscal year, and each fiscal year thereafter, the +Corporation shall collect the amounts described in section 1434(h) of +the BUILD Act of 2018: Provided further, That in fiscal year 2020 such +collections shall be credited as offsetting collections to this +appropriation: Provided further, That such collections collected in +fiscal year 2020 in excess of $299,000,000 shall be credited to this +account and shall be available in future fiscal years only to the +extent provided in advance in appropriations Acts: Provided further, +That in fiscal year 2020, if such collections are less than +$299,000,000, receipts collected pursuant to the BUILD Act of 2018 and +the Federal Credit Reform Act of 1990, in an amount equal to such +shortfall, shall be credited as offsetting collections to this +appropriation: Provided further, That funds appropriated or otherwise +made available under this heading may not be used to provide any type +of assistance that is otherwise prohibited by any other provision of +law or to provide assistance to any foreign country that is otherwise +prohibited by any other provision of law: Provided further, That the +sums herein appropriated from the General Fund shall be reduced on a +dollar-for-dollar basis by the offsetting collections described under +this heading so as to result in a final fiscal year appropriation from +the General Fund estimated at $0. + + program account + + Amounts paid from ``United States International Development Finance +Corporation--Corporate Capital Account'' (CCA) shall remain available +until September 30, 2022: Provided, That up to $80,000,000 of amounts +paid to this account from CCA or transferred to this account pursuant +to section 1434(j) of the BUILD Act of 2018 (division F of Public Law +115-254) shall be available for the costs of direct and guaranteed +loans provided by the Corporation pursuant to section 1421(b) of such +Act: Provided further, That such costs, including the cost of +modifying such loans, shall be as defined in section 502 of the +Congressional Budget Act of 1974: Provided further, That such amounts +obligated in a fiscal year shall remain available for disbursement for +the following 8 fiscal years: Provided further, That funds transferred +to carry out the Foreign Assistance Act of 1961 pursuant to section +1434(j) of the BUILD Act of 2018 may remain available for obligation +for 1 additional fiscal year: Provided further, That the total loan +principal or guaranteed principal amount shall not exceed +$8,000,000,000. + + trade and development agency + + For necessary expenses to carry out the provisions of section 661 +of the Foreign Assistance Act of 1961, $79,500,000, to remain available +until September 30, 2021, of which no more than $19,000,000 may be used +for administrative expenses: Provided, That of the funds appropriated +under this heading, not more than $5,000 may be available for +representation and entertainment expenses. + + TITLE VII + + GENERAL PROVISIONS + + allowances and differentials + + Sec. 7001. Funds appropriated under title I of this Act shall be +available, except as otherwise provided, for allowances and +differentials as authorized by subchapter 59 of title 5, United States +Code; for services as authorized by section 3109 of such title and for +hire of passenger transportation pursuant to section 1343(b) of title +31, United States Code. + + unobligated balances report + + Sec. 7002. Any department or agency of the United States +Government to which funds are appropriated or otherwise made available +by this Act shall provide to the Committees on Appropriations a +quarterly accounting of cumulative unobligated balances and obligated, +but unexpended, balances by program, project, and activity, and +Treasury Account Fund Symbol of all funds received by such department +or agency in fiscal year 2020 or any previous fiscal year, +disaggregated by fiscal year: Provided, That the report required by +this section shall be submitted not later than 30 days after the end of +each fiscal quarter and should specify by account the amount of funds +obligated pursuant to bilateral agreements which have not been further +sub-obligated. + + consulting services + + Sec. 7003. The expenditure of any appropriation under title I of +this Act for any consulting service through procurement contract, +pursuant to section 3109 of title 5, United States Code, shall be +limited to those contracts where such expenditures are a matter of +public record and available for public inspection, except where +otherwise provided under existing law, or under existing Executive +order issued pursuant to existing law. + + diplomatic facilities + + Sec. 7004. (a) Capital Security Cost Sharing Exception.-- +Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy +Construction and Counterterrorism Act of 1999 (title VI of division A +of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law +106-113 and contained in appendix G of that Act), as amended by section +111 of the Department of State Authorities Act, Fiscal Year 2017 +(Public Law 114-323), a project to construct a facility of the United +States may include office space or other accommodations for members of +the United States Marine Corps. + (b) New Diplomatic Facilities.--For the purposes of calculating the +fiscal year 2020 costs of providing new United States diplomatic +facilities in accordance with section 604(e) of the Secure Embassy +Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note), +the Secretary of State, in consultation with the Director of the Office +of Management and Budget, shall determine the annual program level and +agency shares in a manner that is proportional to the contribution of +the Department of State for this purpose. + (c) Consultation and Notification.--Funds appropriated by this Act +and prior Acts making appropriations for the Department of State, +foreign operations, and related programs, which may be made available +for the acquisition of property or award of construction contracts for +overseas United States diplomatic facilities during fiscal year 2020, +shall be subject to prior consultation with, and the regular +notification procedures of, the Committees on Appropriations: +Provided, That notifications pursuant to this subsection shall include +the information enumerated under the heading ``Embassy Security, +Construction, and Maintenance'' in House Report 116-78. + (d) Interim and Temporary Facilities Abroad.-- + (1) Security vulnerabilities.--Funds appropriated by this Act + under the heading ``Embassy Security, Construction, and + Maintenance'' may be made available, following consultation with + the appropriate congressional committees, to address security + vulnerabilities at interim and temporary United States diplomatic + facilities abroad, including physical security upgrades and local + guard staffing, except that the amount of funds made available for + such purposes from this Act and prior Acts making appropriations + for the Department of State, foreign operations, and related + programs shall be a minimum of $25,000,000. + (2) Consultation.--Notwithstanding any other provision of law, + the opening, closure, or any significant modification to an interim + or temporary United States diplomatic facility shall be subject to + prior consultation with the appropriate congressional committees + and the regular notification procedures of the Committees on + Appropriations, except that such consultation and notification may + be waived if there is a security risk to personnel. + (e) Soft Targets.--Of the funds appropriated by this Act under the +heading ``Embassy Security, Construction, and Maintenance'', not less +than $10,000,000 shall be made available for security upgrades to soft +targets, including schools, recreational facilities, and residences +used by United States diplomatic personnel and their dependents. + + personnel actions + + Sec. 7005. Any costs incurred by a department or agency funded +under title I of this Act resulting from personnel actions taken in +response to funding reductions included in this Act shall be absorbed +within the total budgetary resources available under title I to such +department or agency: Provided, That the authority to transfer funds +between appropriations accounts as may be necessary to carry out this +section is provided in addition to authorities included elsewhere in +this Act: Provided further, That use of funds to carry out this +section shall be treated as a reprogramming of funds under section 7015 +of this Act. + + prohibition on publicity or propaganda + + Sec. 7006. No part of any appropriation contained in this Act +shall be used for publicity or propaganda purposes within the United +States not authorized before enactment of this Act by Congress: +Provided, That up to $25,000 may be made available to carry out the +provisions of section 316 of the International Security and Development +Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note). + + prohibition against direct funding for certain countries + + Sec. 7007. None of the funds appropriated or otherwise made +available pursuant to titles III through VI of this Act shall be +obligated or expended to finance directly any assistance or reparations +for the governments of Cuba, North Korea, Iran, or Syria: Provided, +That for purposes of this section, the prohibition on obligations or +expenditures shall include direct loans, credits, insurance, and +guarantees of the Export-Import Bank or its agents. + + coups d'etat + + Sec. 7008. None of the funds appropriated or otherwise made +available pursuant to titles III through VI of this Act shall be +obligated or expended to finance directly any assistance to the +government of any country whose duly elected head of government is +deposed by military coup d'etat or decree or, after the date of +enactment of this Act, a coup d'etat or decree in which the military +plays a decisive role: Provided, That assistance may be resumed to +such government if the Secretary of State certifies and reports to the +appropriate congressional committees that subsequent to the termination +of assistance a democratically elected government has taken office: +Provided further, That the provisions of this section shall not apply +to assistance to promote democratic elections or public participation +in democratic processes: Provided further, That funds made available +pursuant to the previous provisos shall be subject to the regular +notification procedures of the Committees on Appropriations. + + transfer of funds authority + + Sec. 7009. (a) Department of State and United States Agency for +Global Media.-- + (1) Department of State.-- + (A) In general.--Not to exceed 5 percent of any appropriation + made available for the current fiscal year for the Department of + State under title I of this Act may be transferred between, and + merged with, such appropriations, but no such appropriation, except + as otherwise specifically provided, shall be increased by more than + 10 percent by any such transfers, and no such transfer may be made + to increase the appropriation under the heading ``Representation + Expenses''. + (B) Embassy security.--Funds appropriated under the headings + ``Diplomatic Programs'', including for Worldwide Security + Protection, ``Embassy Security, Construction, and Maintenance'', + and ``Emergencies in the Diplomatic and Consular Service'' in this + Act may be transferred to, and merged with, funds appropriated + under such headings if the Secretary of State determines and + reports to the Committees on Appropriations that to do so is + necessary to implement the recommendations of the Benghazi + Accountability Review Board, for emergency evacuations, or to + prevent or respond to security situations and requirements, + following consultation with, and subject to the regular + notification procedures of, such Committees: Provided, That such + transfer authority is in addition to any transfer authority + otherwise available in this Act and under any other provision of + law. + (2) United States Agency for Global Media.--Not to exceed 5 percent +of any appropriation made available for the current fiscal year for the +United States Agency for Global Media under title I of this Act may be +transferred between, and merged with, such appropriations, but no such +appropriation, except as otherwise specifically provided, shall be +increased by more than 10 percent by any such transfers. + (3) Treatment as Reprogramming.--Any transfer pursuant to this +subsection shall be treated as a reprogramming of funds under section +7015 of this Act and shall not be available for obligation or +expenditure except in compliance with the procedures set forth in that +section. + (b) Limitation on Transfers of Funds Between Agencies.-- + (1) In general.--None of the funds made available under titles + II through V of this Act may be transferred to any department, + agency, or instrumentality of the United States Government, except + pursuant to a transfer made by, or transfer authority provided in, + this Act or any other appropriations Act. + (2) Allocation and transfers.--Notwithstanding paragraph (1), + in addition to transfers made by, or authorized elsewhere in, this + Act, funds appropriated by this Act to carry out the purposes of + the Foreign Assistance Act of 1961 may be allocated or transferred + to agencies of the United States Government pursuant to the + provisions of sections 109, 610, and 632 of the Foreign Assistance + Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division + F of Public Law 115-254). + (3) Notification.--Any agreement entered into by the United + States Agency for International Development or the Department of + State with any department, agency, or instrumentality of the United + States Government pursuant to section 632(b) of the Foreign + Assistance Act of 1961 valued in excess of $1,000,000 and any + agreement made pursuant to section 632(a) of such Act, with funds + appropriated by this Act or prior Acts making appropriations for + the Department of State, foreign operations, and related programs + under the headings ``Global Health Programs'', ``Development + Assistance'', ``Economic Support Fund'', and ``Assistance for + Europe, Eurasia and Central Asia'' shall be subject to the regular + notification procedures of the Committees on Appropriations: + Provided, That the requirement in the previous sentence shall not + apply to agreements entered into between USAID and the Department + of State. + (c) United States International Development Finance Corporation.-- + (1) Limitation.--Amounts transferred pursuant to section + 1434(j) of the BUILD Act of 2018 (division F of Public Law 115-254) + may only be transferred from funds made available under title III + of this Act, and such amounts shall not exceed $50,000,000: + Provided, That any such transfers shall be subject to prior + consultation with, and the regular notification procedures of, the + Committees on Appropriations: Provided further, That the Secretary + of State, the Administrator of the United States Agency for + International Development, and the Chief Executive Officer of the + United States International Development Finance Corporation (the + Corporation), as appropriate, shall ensure that the programs funded + by such transfers are coordinated with, and complement, foreign + assistance programs implemented by the Department of State and + USAID: Provided further, That no funds transferred pursuant to + such authority may be used by the Corporation to post personnel + abroad or for activities described in section 1421(c) of such Act. + (2) Development credit authority account.--Funds transferred + from the Development Credit Authority program account of the United + States Agency for International Development to the Corporate + Capital Account of the United States International Development + Finance Corporation pursuant to section 1434(i) of the BUILD Act of + 2018 (division F of Public Law 115-254) shall be transferred to, + and merged with, such account, and may thereafter be deemed to meet + any minimum funding requirements attributed for at the time of + deposit into the Development Credit Authority program account. + (d) Transfer of Funds Between Accounts.--None of the funds made +available under titles II through V of this Act may be obligated under +an appropriations account to which such funds were not appropriated, +except for transfers specifically provided for in this Act, unless the +President, not less than 5 days prior to the exercise of any authority +contained in the Foreign Assistance Act of 1961 to transfer funds, +consults with and provides a written policy justification to the +Committees on Appropriations. + (e) Audit of Inter-agency Transfers of Funds.--Any agreement for +the transfer or allocation of funds appropriated by this Act or prior +Acts making appropriations for the Department of State, foreign +operations, and related programs entered into between the Department of +State or USAID and another agency of the United States Government under +the authority of section 632(a) of the Foreign Assistance Act of 1961, +or any comparable provision of law, shall expressly provide that the +Inspector General (IG) for the agency receiving the transfer or +allocation of such funds, or other entity with audit responsibility if +the receiving agency does not have an IG, shall perform periodic +program and financial audits of the use of such funds and report to the +Department of State or USAID, as appropriate, upon completion of such +audits: Provided, That such audits shall be transmitted to the +Committees on Appropriations by the Department of State or USAID, as +appropriate: Provided further, That funds transferred under such +authority may be made available for the cost of such audits. + (f) Transfer of Overseas Contingency Operations/global War on +Terrorism Funds.--Funds appropriated by this Act under the headings +``Peacekeeping Operations'' and ``Foreign Military Financing Program'' +that are designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985 may be +transferred to, and merged with, such funds appropriated under such +headings: Provided, That such transfer authority may only be exercised +to address contingencies: Provided further, That such transfer +authority is in addition to any transfer authority otherwise available +under any other provision of law, including section 610 of the Foreign +Assistance Act of 1961: Provided further, That such transfer authority +shall be subject to prior consultation with, and the regular +notification procedures of, the Committees on Appropriations. + + prohibition and limitation on certain expenses + + Sec. 7010. (a) First-Class Travel.--None of the funds made +available by this Act may be used for first-class travel by employees +of United States Government departments and agencies funded by this Act +in contravention of section 301-10.122 through 301-10.124 of title 41, +Code of Federal Regulations. + (b) Computer Networks.--None of the funds made available by this +Act for the operating expenses of any United States Government +department or agency may be used to establish or maintain a computer +network for use by such department or agency unless such network has +filters designed to block access to sexually explicit websites: +Provided, That nothing in this subsection shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency, or any other entity carrying out the following activities: +criminal investigations, prosecutions, and adjudications; +administrative discipline; and the monitoring of such websites +undertaken as part of official business. + (c) Prohibition on Promotion of Tobacco.--None of the funds made +available by this Act shall be available to promote the sale or export +of tobacco or tobacco products, or to seek the reduction or removal by +any foreign country of restrictions on the marketing of tobacco or +tobacco products, except for restrictions which are not applied equally +to all tobacco or tobacco products of the same type. + (d) Email Servers Outside the .gov Domain.--None of the funds +appropriated by this Act under the headings ``Diplomatic Programs'' and +``Capital Investment Fund'' in title I, and ``Operating Expenses'' and +``Capital Investment Fund'' in title II that are made available to the +Department of State and the United States Agency for International +Development may be made available to support the use or establishment +of email accounts or email servers created outside the .gov domain or +not fitted for automated records management as part of a Federal +government records management program in contravention of the +Presidential and Federal Records Act Amendments of 2014 (Public Law +113-187). + (e) Representation and Entertainment Expenses.--Each Federal +department, agency, or entity funded in titles I or II of this Act, and +the Department of the Treasury and independent agencies funded in +titles III or VI of this Act, shall take steps to ensure that domestic +and overseas representation and entertainment expenses further official +agency business and United States foreign policy interests, and-- + (1) are primarily for fostering relations outside of the + Executive Branch; + (2) are principally for meals and events of a protocol nature; + (3) are not for employee-only events; and + (4) do not include activities that are substantially of a + recreational character. + (f) Limitations on Entertainment Expenses.--None of the funds +appropriated or otherwise made available by this Act under the headings +``International Military Education and Training'' or ``Foreign Military +Financing Program'' for Informational Program activities or under the +headings ``Global Health Programs'', ``Development Assistance'', +``Economic Support Fund'', and ``Assistance for Europe, Eurasia and +Central Asia'' may be obligated or expended to pay for-- + (1) alcoholic beverages; or + (2) entertainment expenses for activities that are + substantially of a recreational character, including entrance fees + at sporting events, theatrical and musical productions, and + amusement parks. + + availability of funds + + Sec. 7011. No part of any appropriation contained in this Act +shall remain available for obligation after the expiration of the +current fiscal year unless expressly so provided by this Act: +Provided, That funds appropriated for the purposes of chapters 1 and 8 +of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the +Foreign Assistance Act of 1961, section 23 of the Arms Export Control +Act (22 U.S.C. 2763), and funds made available for ``United States +International Development Finance Corporation'' and under the heading +``Assistance for Europe, Eurasia and Central Asia'' shall remain +available for an additional 4 years from the date on which the +availability of such funds would otherwise have expired, if such funds +are initially obligated before the expiration of their respective +periods of availability contained in this Act: Provided further, That +notwithstanding any other provision of this Act, any funds made +available for the purposes of chapter 1 of part I and chapter 4 of part +II of the Foreign Assistance Act of 1961 which are allocated or +obligated for cash disbursements in order to address balance of +payments or economic policy reform objectives, shall remain available +for an additional 4 years from the date on which the availability of +such funds would otherwise have expired, if such funds are initially +allocated or obligated before the expiration of their respective +periods of availability contained in this Act: Provided further, That +the Secretary of State shall provide a report to the Committees on +Appropriations not later than October 31, 2020, detailing by account +and source year, the use of this authority during the previous fiscal +year. + + limitation on assistance to countries in default + + Sec. 7012. No part of any appropriation provided under titles III +through VI in this Act shall be used to furnish assistance to the +government of any country which is in default during a period in excess +of 1 calendar year in payment to the United States of principal or +interest on any loan made to the government of such country by the +United States pursuant to a program for which funds are appropriated +under this Act unless the President determines, following consultation +with the Committees on Appropriations, that assistance for such country +is in the national interest of the United States. + + prohibition on taxation of united states assistance + + Sec. 7013. (a) Prohibition on Taxation.--None of the funds +appropriated under titles III through VI of this Act may be made +available to provide assistance for a foreign country under a new +bilateral agreement governing the terms and conditions under which such +assistance is to be provided unless such agreement includes a provision +stating that assistance provided by the United States shall be exempt +from taxation, or reimbursed, by the foreign government, and the +Secretary of State and the Administrator of the United States Agency +for International Development shall expeditiously seek to negotiate +amendments to existing bilateral agreements, as necessary, to conform +with this requirement. + (b) Notification and Reimbursement of Foreign Taxes.--An amount +equivalent to 200 percent of the total taxes assessed during fiscal +year 2020 on funds appropriated by this Act and prior Acts making +appropriations for the Department of State, foreign operations, and +related programs by a foreign government or entity against United +States assistance programs, either directly or through grantees, +contractors, and subcontractors, shall be withheld from obligation from +funds appropriated for assistance for fiscal year 2021 and for prior +fiscal years and allocated for the central government of such country +or for the West Bank and Gaza program, as applicable, if, not later +than September 30, 2021, such taxes have not been reimbursed: +Provided, That the Secretary of State shall report to the Committees on +Appropriations by such date on the foreign governments and entities +that have not reimbursed such taxes, including any amount of funds +withheld pursuant to this subsection. + (c) De Minimis Exception.--Foreign taxes of a de minimis nature +shall not be subject to the provisions of subsection (b). + (d) Reprogramming of Funds.--Funds withheld from obligation for +each foreign government or entity pursuant to subsection (b) shall be +reprogrammed for assistance for countries which do not assess taxes on +United States assistance or which have an effective arrangement that is +providing substantial reimbursement of such taxes, and that can +reasonably accommodate such assistance in a programmatically +responsible manner. + (e) Determinations.-- + (1) In general.--The provisions of this section shall not apply + to any foreign government or entity that assesses such taxes if the + Secretary of State reports to the Committees on Appropriations + that-- + (A) such foreign government or entity has an effective + arrangement that is providing substantial reimbursement of such + taxes; or + (B) the foreign policy interests of the United States + outweigh the purpose of this section to ensure that United + States assistance is not subject to taxation. + (2) Consultation.--The Secretary of State shall consult with + the Committees on Appropriations at least 15 days prior to + exercising the authority of this subsection with regard to any + foreign government or entity. + (f) Implementation.--The Secretary of State shall issue and update +rules, regulations, or policy guidance, as appropriate, to implement +the prohibition against the taxation of assistance contained in this +section. + (g) Definitions.--As used in this section: + (1) Bilateral agreement.--The term ``bilateral agreement'' + refers to a framework bilateral agreement between the Government of + the United States and the government of the country receiving + assistance that describes the privileges and immunities applicable + to United States foreign assistance for such country generally, or + an individual agreement between the Government of the United States + and such government that describes, among other things, the + treatment for tax purposes that will be accorded the United States + assistance provided under that agreement. + (2) Taxes and taxation.--The term ``taxes and taxation'' shall + include value added taxes and customs duties but shall not include + individual income taxes assessed to local staff. + (h) Report.--Not later than 90 days after enactment of this Act, +the Secretary of State, in consultation with the heads of other +relevant agencies of the United States Government, shall submit a +report to the Committees on Appropriations on the requirements +contained under this section in House Report 116-78. + + reservations of funds + + Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III +through VI of this Act which are specifically designated may be +reprogrammed for other programs within the same account notwithstanding +the designation if compliance with the designation is made impossible +by operation of any provision of this or any other Act: Provided, That +any such reprogramming shall be subject to the regular notification +procedures of the Committees on Appropriations: Provided further, That +assistance that is reprogrammed pursuant to this subsection shall be +made available under the same terms and conditions as originally +provided. + (b) Extension of Availability.--In addition to the authority +contained in subsection (a), the original period of availability of +funds appropriated by this Act and administered by the Department of +State or the United States Agency for International Development that +are specifically designated for particular programs or activities by +this or any other Act may be extended for an additional fiscal year if +the Secretary of State or the USAID Administrator, as appropriate, +determines and reports promptly to the Committees on Appropriations +that the termination of assistance to a country or a significant change +in circumstances makes it unlikely that such designated funds can be +obligated during the original period of availability: Provided, That +such designated funds that continue to be available for an additional +fiscal year shall be obligated only for the purpose of such +designation. + (c) Other Acts.--Ceilings and specifically designated funding +levels contained in this Act shall not be applicable to funds or +authorities appropriated or otherwise made available by any subsequent +Act unless such Act specifically so directs: Provided, That +specifically designated funding levels or minimum funding requirements +contained in any other Act shall not be applicable to funds +appropriated by this Act. + + notification requirements + + Sec. 7015. (a) Notification of Changes in Programs, Projects, and +Activities.--None of the funds made available in titles I and II of +this Act or prior Acts making appropriations for the Department of +State, foreign operations, and related programs to the departments and +agencies funded by this Act that remain available for obligation in +fiscal year 2020, or provided from any accounts in the Treasury of the +United States derived by the collection of fees or of currency reflows +or other offsetting collections, or made available by transfer, to the +departments and agencies funded by this Act, shall be available for +obligation to-- + (1) create new programs; + (2) suspend or eliminate a program, project, or activity; + (3) close, suspend, open, or reopen a mission or post; + (4) create, close, reorganize, downsize, or rename bureaus, + centers, or offices; or + (5) contract out or privatize any functions or activities + presently performed by Federal employees; +unless previously justified to the Committees on Appropriations or such +Committees are notified 15 days in advance of such obligation. + (b) Notification of Reprogramming of Funds.--None of the funds +provided under titles I and II of this Act or prior Acts making +appropriations for the Department of State, foreign operations, and +related programs, to the departments and agencies funded under titles I +and II of this Act that remain available for obligation in fiscal year +2020, or provided from any accounts in the Treasury of the United +States derived by the collection of fees available to the department +and agency funded under title I of this Act, shall be available for +obligation or expenditure for programs, projects, or activities through +a reprogramming of funds in excess of $1,000,000 or 10 percent, +whichever is less, that-- + (1) augments or changes existing programs, projects, or + activities; + (2) relocates an existing office or employees; + (3) reduces by 10 percent funding for any existing program, + project, or activity, or numbers of personnel by 10 percent as + approved by Congress; or + (4) results from any general savings, including savings from a + reduction in personnel, which would result in a change in existing + programs, projects, or activities as approved by Congress; +unless the Committees on Appropriations are notified 15 days in advance +of such reprogramming of funds. + (c) Notification Requirement.--None of the funds made available by +this Act under the headings ``Global Health Programs'', ``Development +Assistance'', ``International Organizations and Programs'', ``Trade and +Development Agency'', ``International Narcotics Control and Law +Enforcement'', ``Economic Support Fund'', ``Democracy Fund'', +``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping +Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related +Programs'', ``Millennium Challenge Corporation'', ``Foreign Military +Financing Program'', ``International Military Education and Training'', +``United States International Development Finance Corporation'', and +``Peace Corps'', shall be available for obligation for programs, +projects, activities, type of materiel assistance, countries, or other +operations not justified or in excess of the amount justified to the +Committees on Appropriations for obligation under any of these specific +headings unless the Committees on Appropriations are notified 15 days +in advance of such obligation: Provided, That the President shall not +enter into any commitment of funds appropriated for the purposes of +section 23 of the Arms Export Control Act for the provision of major +defense equipment, other than conventional ammunition, or other major +defense items defined to be aircraft, ships, missiles, or combat +vehicles, not previously justified to Congress or 20 percent in excess +of the quantities justified to Congress unless the Committees on +Appropriations are notified 15 days in advance of such commitment: +Provided further, That requirements of this subsection or any similar +provision of this or any other Act shall not apply to any reprogramming +for a program, project, or activity for which funds are appropriated +under titles III through VI of this Act of less than 10 percent of the +amount previously justified to Congress for obligation for such +program, project, or activity for the current fiscal year: Provided +further, That any notification submitted pursuant to subsection (f) of +this section shall include information (if known on the date of +transmittal of such notification) on the use of notwithstanding +authority. + (d) Department of Defense Programs and Funding Notifications.-- + (1) Programs.--None of the funds appropriated by this Act or + prior Acts making appropriations for the Department of State, + foreign operations, and related programs may be made available to + support or continue any program initially funded under any + authority of title 10, United States Code, or any Act making or + authorizing appropriations for the Department of Defense, unless + the Secretary of State, in consultation with the Secretary of + Defense and in accordance with the regular notification procedures + of the Committees on Appropriations, submits a justification to + such Committees that includes a description of, and the estimated + costs associated with, the support or continuation of such program. + (2) Funding.--Notwithstanding any other provision of law, funds + transferred by the Department of Defense to the Department of State + and the United States Agency for International Development for + assistance for foreign countries and international organizations + shall be subject to the regular notification procedures of the + Committees on Appropriations. + (3) Notification on excess defense articles.--Prior to + providing excess Department of Defense articles in accordance with + section 516(a) of the Foreign Assistance Act of 1961, the + Department of Defense shall notify the Committees on Appropriations + to the same extent and under the same conditions as other + committees pursuant to subsection (f) of that section: Provided, + That before issuing a letter of offer to sell excess defense + articles under the Arms Export Control Act, the Department of + Defense shall notify the Committees on Appropriations in accordance + with the regular notification procedures of such Committees if such + defense articles are significant military equipment (as defined in + section 47(9) of the Arms Export Control Act) or are valued (in + terms of original acquisition cost) at $7,000,000 or more, or if + notification is required elsewhere in this Act for the use of + appropriated funds for specific countries that would receive such + excess defense articles: Provided further, That such Committees + shall also be informed of the original acquisition cost of such + defense articles. + (e) Waiver.--The requirements of this section or any similar +provision of this Act or any other Act, including any prior Act +requiring notification in accordance with the regular notification +procedures of the Committees on Appropriations, may be waived if +failure to do so would pose a substantial risk to human health or +welfare: Provided, That in case of any such waiver, notification to +the Committees on Appropriations shall be provided as early as +practicable, but in no event later than 3 days after taking the action +to which such notification requirement was applicable, in the context +of the circumstances necessitating such waiver: Provided further, That +any notification provided pursuant to such a waiver shall contain an +explanation of the emergency circumstances. + (f) Country Notification Requirements.--None of the funds +appropriated under titles III through VI of this Act may be obligated +or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia, +Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, +Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, +Philippines, the Russian Federation, Somalia, South Sudan, Sri Lanka, +Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as +provided through the regular notification procedures of the Committees +on Appropriations. + (g) Trust Funds.--Funds appropriated or otherwise made available in +title III of this Act and prior Acts making funds available for the +Department of State, foreign operations, and related programs that are +made available for a trust fund held by an international financial +institution shall be subject to the regular notification procedures of +the Committees on Appropriations and such notification shall include +the information specified under this section in House Report 116-78. + (h) Other Program Notification Requirement.-- + (1) Diplomatic programs.--Funds appropriated under title I of + this Act under the heading ``Diplomatic Programs'' that are made + available for lateral entry into the Foreign Service shall be + subject to prior consultation with, and the regular notification + procedures of, the Committees on Appropriations. + (2) Other programs.--Funds appropriated by this Act that are + made available for the following programs and activities shall be + subject to the regular notification procedures of the Committees on + Appropriations: + (A) the Global Engagement Center, except that the Secretary + of State shall consult with the appropriate congressional + committees prior to submitting such notification; + (B) the Power Africa initiative, or any successor program; + (C) community-based police assistance conducted pursuant to + the authority of section 7035(a)(1) of this Act; + (D) the Relief and Recovery Fund and the Global Fragility + Fund, if enacted into law; + (E) the Indo-Pacific Strategy and the Countering Chinese + Influence Fund; + (F) the Global Security Contingency Fund; + (G) the Countering Russian Influence Fund; + (H) programs to end modern slavery; and + (I) the Women's Global Development and Prosperity Fund. + (i) Withholding of Funds.--Funds appropriated by this Act under +titles III and IV that are withheld from obligation or otherwise not +programmed as a result of application of a provision of law in this or +any other Act shall, if reprogrammed, be subject to the regular +notification procedures of the Committees on Appropriations. + (j) Foreign Assistance Review or Realignment.--Programmatic, +funding, and organizational changes resulting from implementation of +any foreign assistance review or realignment shall be subject to prior +consultation with, and the regular notification procedures of, the +Committees on Appropriations: Provided, That such notifications may be +submitted in classified form, if necessary. + + document requests, records management, and related cybersecurity + protections + + Sec. 7016. (a) Document Requests.--None of the funds appropriated +or made available pursuant to titles III through VI of this Act shall +be available to a nongovernmental organization, including any +contractor, which fails to provide upon timely request any document, +file, or record necessary to the auditing requirements of the +Department of State and the United States Agency for International +Development. + (b) Records Management and Related Cybersecurity Protections.--The +Secretary of State and USAID Administrator shall-- + (1) regularly review and update the policies, directives, and + oversight necessary to comply with Federal statutes, regulations, + and presidential executive orders and memoranda concerning the + preservation of all records made or received in the conduct of + official business, including record emails, instant messaging, and + other online tools; + (2) use funds appropriated by this Act under the headings + ``Diplomatic Programs'' and ``Capital Investment Fund'' in title I, + and ``Operating Expenses'' and ``Capital Investment Fund'' in title + II, as appropriate, to improve Federal records management pursuant + to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) + and other applicable Federal records management statutes, + regulations, or policies for the Department of State and USAID; + (3) direct departing employees, including senior officials, + that all Federal records generated by such employees belong to the + Federal Government; + (4) improve the response time for identifying and retrieving + Federal records, including requests made pursuant to section 552 of + title 5, United States Code (commonly known as the ``Freedom of + Information Act''); and + (5) strengthen cybersecurity measures to mitigate + vulnerabilities, including those resulting from the use of personal + email accounts or servers outside the .gov domain, improve the + process to identify and remove inactive user accounts, update and + enforce guidance related to the control of national security + information, and implement the recommendations of the applicable + reports of the cognizant Office of Inspector General. + + use of funds in contravention of this act + + Sec. 7017. If the President makes a determination not to comply +with any provision of this Act on constitutional grounds, the head of +the relevant Federal agency shall notify the Committees on +Appropriations in writing within 5 days of such determination, the +basis for such determination and any resulting changes to program or +policy. + + prohibition on funding for abortions and involuntary sterilization + + Sec. 7018. None of the funds made available to carry out part I of +the Foreign Assistance Act of 1961, as amended, may be used to pay for +the performance of abortions as a method of family planning or to +motivate or coerce any person to practice abortions. None of the funds +made available to carry out part I of the Foreign Assistance Act of +1961, as amended, may be used to pay for the performance of involuntary +sterilization as a method of family planning or to coerce or provide +any financial incentive to any person to undergo sterilizations. None +of the funds made available to carry out part I of the Foreign +Assistance Act of 1961, as amended, may be used to pay for any +biomedical research which relates in whole or in part, to methods of, +or the performance of, abortions or involuntary sterilization as a +means of family planning. None of the funds made available to carry out +part I of the Foreign Assistance Act of 1961, as amended, may be +obligated or expended for any country or organization if the President +certifies that the use of these funds by any such country or +organization would violate any of the above provisions related to +abortions and involuntary sterilizations. + + allocations and reports + + Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds +appropriated by this Act under titles III through V shall be made +available at not less than the amounts specifically designated in the +respective tables included in the explanatory statement described in +section 4 (in the matter preceding division A of this consolidated +Act): Provided, That such designated amounts for foreign countries and +international organizations shall serve as the amounts for such +countries and international organizations transmitted to Congress in +the report required by section 653(a) of the Foreign Assistance Act of +1961, and shall be made available for such foreign countries and +international organizations notwithstanding the date of the +transmission of such report. + (b) Authorized Deviations Below Minimum Levels.--Unless otherwise +provided for by this Act, the Secretary of State and the Administrator +of the United States Agency for International Development, as +applicable, may deviate by not more than 10 percent below the minimum +amounts specifically designated in the respective tables in the +explanatory statement described in section 4 (in the matter preceding +division A of this consolidated Act): Provided, That deviations +pursuant to this subsection shall be subject to prior consultation with +the Committees on Appropriations. + (c) Limitation.--For specifically designated amounts that are +included, pursuant to subsection (a), in the report required by section +653(a) of the Foreign Assistance Act of 1961, deviations authorized by +subsection (b) may only take place after submission of such report. + (d) Exceptions.-- + (1) Subsections (a) and (b) shall not apply to-- + (A) amounts designated for ``International Military + Education and Training'' in the respective tables included in + the explanatory statement described in section 4 (in the matter + preceding division A of this consolidated Act); + (B) funds for which the initial period of availability has + expired; and + (C) amounts designated by this Act as minimum funding + requirements. + (2) The authority in subsection (b) to deviate below amounts + designated in the respective tables included in the explanatory + statement described in section 4 (in the matter preceding division + A of this consolidated Act) shall not apply to the table included + under the heading ``Global Health Programs'' in such statement. + (3) With respect to the amounts designated for ``Global + Programs'' in the table under the heading ``Economic Support Fund'' + included in the explanatory statement described in section 4 (in + the matter preceding division A of this consolidated Act), + subsection (b) shall be applied by substituting ``5 percent'' for + ``10 percent''. + (e) Reports.--The Secretary of State, USAID Administrator, and +other designated officials, as appropriate, shall submit the reports +required, in the manner described, in House Report 116-78, Senate +Report 116-126, and the explanatory statement described in section 4 +(in the matter preceding division A of this consolidated Act), unless +directed otherwise in such explanatory statement. + (f) Clarification.--Funds appropriated by this Act and the +Department of State, Foreign Operations, and Related Programs +Appropriations Act, 2019 (division F of Public Law 116-6) under the +headings ``International Disaster Assistance'' and ``Migration and +Refugee Assistance'' shall not be included for purposes of meeting +amounts designated for countries in this Act or the explanatory +statement described in section 4 (in the matter preceding division A of +this consolidated Act), or such prior Act or accompanying joint +explanatory statement, unless such headings are specifically designated +as the source of funds. + + multi-year pledges + + Sec. 7020. None of the funds appropriated by this Act may be used +to make any pledge for future year funding for any multilateral or +bilateral program funded in titles III through VI of this Act unless +such pledge meets the requirements enumerated under this section in +House Report 116-78. + + prohibition on assistance to governments supporting international + terrorism + + Sec. 7021. (a) Lethal Military Equipment Exports.-- + (1) Prohibition.--None of the funds appropriated or otherwise + made available under titles III through VI of this Act may be made + available to any foreign government which provides lethal military + equipment to a country the government of which the Secretary of + State has determined supports international terrorism for purposes + of section 1754(c) of the Export Reform Control Act of 2018 (50 + U.S.C. 4813(c)): Provided, That the prohibition under this section + with respect to a foreign government shall terminate 12 months + after that government ceases to provide such military equipment: + Provided further, That this section applies with respect to lethal + military equipment provided under a contract entered into after + October 1, 1997. + (2) Determination.--Assistance restricted by paragraph (1) or + any other similar provision of law, may be furnished if the + President determines that to do so is important to the national + interest of the United States. + (3) Report.--Whenever the President makes a determination + pursuant to paragraph (2), the President shall submit to the + Committees on Appropriations a report with respect to the + furnishing of such assistance, including a detailed explanation of + the assistance to be provided, the estimated dollar amount of such + assistance, and an explanation of how the assistance furthers + United States national interest. + (b) Bilateral Assistance.-- + (1) Limitations.--Funds appropriated for bilateral assistance + in titles III through VI of this Act and funds appropriated under + any such title in prior Acts making appropriations for the + Department of State, foreign operations, and related programs, + shall not be made available to any foreign government which the + President determines-- + (A) grants sanctuary from prosecution to any individual or + group which has committed an act of international terrorism; + (B) otherwise supports international terrorism; or + (C) is controlled by an organization designated as a + terrorist organization under section 219 of the Immigration and + Nationality Act (8 U.S.C. 1189). + (2) Waiver.--The President may waive the application of + paragraph (1) to a government if the President determines that + national security or humanitarian reasons justify such waiver: + Provided, That the President shall publish each such waiver in the + Federal Register and, at least 15 days before the waiver takes + effect, shall notify the Committees on Appropriations of the waiver + (including the justification for the waiver) in accordance with the + regular notification procedures of the Committees on + Appropriations. + + authorization requirements + + Sec. 7022. Funds appropriated by this Act, except funds +appropriated under the heading ``Trade and Development Agency'', may be +obligated and expended notwithstanding section 10 of Public Law 91-672 +(22 U.S.C. 2412), section 15 of the State Department Basic Authorities +Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations +Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and +section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. +3094(a)(1)). + + definition of program, project, and activity + + Sec. 7023. For the purpose of titles II through VI of this Act +``program, project, and activity'' shall be defined at the +appropriations Act account level and shall include all appropriations +and authorizations Acts funding directives, ceilings, and limitations +with the exception that for the ``Economic Support Fund'', ``Assistance +for Europe, Eurasia and Central Asia'', and ``Foreign Military +Financing Program'' accounts, ``program, project, and activity'' shall +also be considered to include country, regional, and central program +level funding within each such account, and for the development +assistance accounts of the United States Agency for International +Development, ``program, project, and activity'' shall also be +considered to include central, country, regional, and program level +funding, either as-- + (1) justified to Congress; or + (2) allocated by the Executive Branch in accordance with the + report required by section 653(a) of the Foreign Assistance Act of + 1961 or as modified pursuant to section 7019 of this Act. + +authorities for the peace corps, inter-american foundation, and united + states african development foundation + + Sec. 7024. Unless expressly provided to the contrary, provisions +of this or any other Act, including provisions contained in prior Acts +authorizing or making appropriations for the Department of State, +foreign operations, and related programs, shall not be construed to +prohibit activities authorized by or conducted under the Peace Corps +Act, the Inter-American Foundation Act, or the African Development +Foundation Act: Provided, That prior to conducting activities in a +country for which assistance is prohibited, the agency shall consult +with the Committees on Appropriations and report to such Committees +within 15 days of taking such action. + + commerce, trade and surplus commodities + + Sec. 7025. (a) World Markets.--None of the funds appropriated or +made available pursuant to titles III through VI of this Act for direct +assistance and none of the funds otherwise made available to the +Export-Import Bank and the United States International Development +Finance Corporation shall be obligated or expended to finance any loan, +any assistance, or any other financial commitments for establishing or +expanding production of any commodity for export by any country other +than the United States, if the commodity is likely to be in surplus on +world markets at the time the resulting productive capacity is expected +to become operative and if the assistance will cause substantial injury +to United States producers of the same, similar, or competing +commodity: Provided, That such prohibition shall not apply to the +Export-Import Bank if in the judgment of its Board of Directors the +benefits to industry and employment in the United States are likely to +outweigh the injury to United States producers of the same, similar, or +competing commodity, and the Chairman of the Board so notifies the +Committees on Appropriations: Provided further, That this subsection +shall not prohibit-- + (1) activities in a country that is eligible for assistance + from the International Development Association, is not eligible for + assistance from the International Bank for Reconstruction and + Development, and does not export on a consistent basis the + agricultural commodity with respect to which assistance is + furnished; or + (2) activities in a country the President determines is + recovering from widespread conflict, a humanitarian crisis, or a + complex emergency. + (b) Exports.--None of the funds appropriated by this or any other +Act to carry out chapter 1 of part I of the Foreign Assistance Act of +1961 shall be available for any testing or breeding feasibility study, +variety improvement or introduction, consultancy, publication, +conference, or training in connection with the growth or production in +a foreign country of an agricultural commodity for export which would +compete with a similar commodity grown or produced in the United +States: Provided, That this subsection shall not prohibit-- + (1) activities designed to increase food security in developing + countries where such activities will not have a significant impact + on the export of agricultural commodities of the United States; + (2) research activities intended primarily to benefit United + States producers; + (3) activities in a country that is eligible for assistance + from the International Development Association, is not eligible for + assistance from the International Bank for Reconstruction and + Development, and does not export on a consistent basis the + agricultural commodity with respect to which assistance is + furnished; or + (4) activities in a country the President determines is + recovering from widespread conflict, a humanitarian crisis, or a + complex emergency. + (c) International Financial Institutions.--The Secretary of the +Treasury shall instruct the United States executive directors of the +international financial institutions to use the voice and vote of the +United States to oppose any assistance by such institutions, using +funds appropriated or made available by this Act, for the production or +extraction of any commodity or mineral for export, if it is in surplus +on world markets and if the assistance will cause substantial injury to +United States producers of the same, similar, or competing commodity. + + separate accounts + + Sec. 7026. (a) Separate Accounts for Local Currencies.-- + (1) Agreements.--If assistance is furnished to the government + of a foreign country under chapters 1 and 10 of part I or chapter 4 + of part II of the Foreign Assistance Act of 1961 under agreements + which result in the generation of local currencies of that country, + the Administrator of the United States Agency for International + Development shall-- + (A) require that local currencies be deposited in a + separate account established by that government; + (B) enter into an agreement with that government which sets + forth-- + (i) the amount of the local currencies to be generated; + and + (ii) the terms and conditions under which the + currencies so deposited may be utilized, consistent with + this section; and + (C) establish by agreement with that government the + responsibilities of USAID and that government to monitor and + account for deposits into and disbursements from the separate + account. + (2) Uses of local currencies.--As may be agreed upon with the + foreign government, local currencies deposited in a separate + account pursuant to subsection (a), or an equivalent amount of + local currencies, shall be used only-- + (A) to carry out chapter 1 or 10 of part I or chapter 4 of + part II of the Foreign Assistance Act of 1961 (as the case may + be), for such purposes as-- + (i) project and sector assistance activities; or + (ii) debt and deficit financing; or + (B) for the administrative requirements of the United + States Government. + (3) Programming accountability.--USAID shall take all necessary + steps to ensure that the equivalent of the local currencies + disbursed pursuant to subsection (a)(2)(A) from the separate + account established pursuant to subsection (a)(1) are used for the + purposes agreed upon pursuant to subsection (a)(2). + (4) Termination of assistance programs.--Upon termination of + assistance to a country under chapter 1 or 10 of part I or chapter + 4 of part II of the Foreign Assistance Act of 1961 (as the case may + be), any unencumbered balances of funds which remain in a separate + account established pursuant to subsection (a) shall be disposed of + for such purposes as may be agreed to by the government of that + country and the United States Government. + (b) Separate Accounts for Cash Transfers.-- + (1) In general.--If assistance is made available to the + government of a foreign country, under chapter 1 or 10 of part I or + chapter 4 of part II of the Foreign Assistance Act of 1961, as cash + transfer assistance or as nonproject sector assistance, that + country shall be required to maintain such funds in a separate + account and not commingle with any other funds. + (2) Applicability of other provisions of law.--Such funds may + be obligated and expended notwithstanding provisions of law which + are inconsistent with the nature of this assistance including + provisions which are referenced in the Joint Explanatory Statement + of the Committee of Conference accompanying House Joint Resolution + 648 (House Report No. 98-1159). + (3) Notification.--At least 15 days prior to obligating any + such cash transfer or nonproject sector assistance, the President + shall submit a notification through the regular notification + procedures of the Committees on Appropriations, which shall include + a detailed description of how the funds proposed to be made + available will be used, with a discussion of the United States + interests that will be served by such assistance (including, as + appropriate, a description of the economic policy reforms that will + be promoted by such assistance). + (4) Exemption.--Nonproject sector assistance funds may be + exempt from the requirements of paragraph (1) only through the + regular notification procedures of the Committees on + Appropriations. + + eligibility for assistance + + Sec. 7027. (a) Assistance Through Nongovernmental Organizations.-- +Restrictions contained in this or any other Act with respect to +assistance for a country shall not be construed to restrict assistance +in support of programs of nongovernmental organizations from funds +appropriated by this Act to carry out the provisions of chapters 1, 10, +11, and 12 of part I and chapter 4 of part II of the Foreign Assistance +Act of 1961 and from funds appropriated under the heading ``Assistance +for Europe, Eurasia and Central Asia'': Provided, That before using +the authority of this subsection to furnish assistance in support of +programs of nongovernmental organizations, the President shall notify +the Committees on Appropriations pursuant to the regular notification +procedures, including a description of the program to be assisted, the +assistance to be provided, and the reasons for furnishing such +assistance: Provided further, That nothing in this subsection shall be +construed to alter any existing statutory prohibitions against abortion +or involuntary sterilizations contained in this or any other Act. + (b) Public Law 480.--During fiscal year 2020, restrictions +contained in this or any other Act with respect to assistance for a +country shall not be construed to restrict assistance under the Food +for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided, +That none of the funds appropriated to carry out title I of such Act +and made available pursuant to this subsection may be obligated or +expended except as provided through the regular notification procedures +of the Committees on Appropriations. + (c) Exception.--This section shall not apply-- + (1) with respect to section 620A of the Foreign Assistance Act + of 1961 or any comparable provision of law prohibiting assistance + to countries that support international terrorism; or + (2) with respect to section 116 of the Foreign Assistance Act + of 1961 or any comparable provision of law prohibiting assistance + to the government of a country that violates internationally + recognized human rights. + + local competition + + Sec. 7028. (a) Requirements for Exceptions to Competition for Local +Entities.--Funds appropriated by this Act that are made available to +the United States Agency for International Development may only be made +available for limited competitions through local entities if-- + (1) prior to the determination to limit competition to local + entities, USAID has-- + (A) assessed the level of local capacity to effectively + implement, manage, and account for programs included in such + competition; and + (B) documented the written results of the assessment and + decisions made; and + (2) prior to making an award after limiting competition to + local entities-- + (A) each successful local entity has been determined to be + responsible in accordance with USAID guidelines; and + (B) effective monitoring and evaluation systems are in + place to ensure that award funding is used for its intended + purposes; and + (3) no level of acceptable fraud is assumed. + (b) Extension of Procurement Authority.--Section 7077 of the +Department of State, Foreign Operations, and Related Programs +Appropriations Act, 2012 (division I of Public Law 112-74) shall +continue in effect during fiscal year 2020. + + international financial institutions + + Sec. 7029. (a) Evaluations and Report.--The Secretary of the +Treasury shall instruct the United States executive director of each +international financial institution to use the voice of the United +States to encourage such institution to adopt and implement a publicly +available policy, including the strategic use of peer reviews and +external experts, to conduct independent, in-depth evaluations of the +effectiveness of at least 25 percent of all loans, grants, programs, +and significant analytical non-lending activities in advancing the +institution's goals of reducing poverty and promoting equitable +economic growth, consistent with relevant safeguards, to ensure that +decisions to support such loans, grants, programs, and activities are +based on accurate data and objective analysis: Provided, That not +later than 45 days after enactment of this Act, the Secretary shall +submit a report to the Committees on Appropriations on steps taken in +fiscal year 2019 by the United States executive directors and the +international financial institutions consistent with this subsection +compared to the previous fiscal year. + (b) Safeguards.-- + (1) Standard.--The Secretary of the Treasury shall instruct the + United States Executive Director of the International Bank for + Reconstruction and Development and the International Development + Association to use the voice and vote of the United States to + oppose any loan, grant, policy, or strategy if such institution has + adopted and is implementing any social or environmental safeguard + relevant to such loan, grant, policy, or strategy that provides + less protection than World Bank safeguards in effect on September + 30, 2015. + (2) Accountability, standards, and best practices.--The + Secretary of the Treasury shall instruct the United States + executive director of each international financial institution to + use the voice and vote of the United States to oppose loans or + other financing for projects unless such projects-- + (A) 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; + (B) 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; + (C) do not provide incentives for, or facilitate, forced + displacement; and + (D) do not partner with or otherwise involve enterprises + owned or controlled by the armed forces. + (c) Compensation.--None of the funds appropriated under title V of +this Act may be made as payment to any international financial +institution while the United States executive director to such +institution is compensated by the institution at a rate which, together +with whatever compensation such executive director receives from the +United States, is in excess of the rate provided for an individual +occupying a position at level IV of the Executive Schedule under +section 5315 of title 5, United States Code, or while any alternate +United States executive director to such institution is compensated by +the institution at a rate in excess of the rate provided for an +individual occupying a position at level V of the Executive Schedule +under section 5316 of title 5, United States Code. + (d) Human Rights.--The Secretary of the Treasury shall instruct the +United States executive director of each international financial +institution to use the voice and vote of the United States to promote +human rights due diligence and risk management, as appropriate, in +connection with any loan, grant, policy, or strategy of such +institution in accordance with the requirements specified under this +subsection in Senate Report 116-126: Provided, That prior to voting on +any such loan, grant, policy, or strategy the executive director shall +consult with the Assistant Secretary for Democracy, Human Rights, and +Labor, Department of State, if the executive director has reason to +believe that such loan, grant, policy, or strategy could result in +forced displacement or other violation of human rights. + (e) Fraud and Corruption.--The Secretary of the Treasury shall +instruct the United States executive director of each international +financial institution to use the voice of the United States to include +in loan, grant, and other financing agreements improvements in +borrowing countries' financial management and judicial capacity to +investigate, prosecute, and punish fraud and corruption. + (f) Beneficial Ownership Information.--The Secretary of the +Treasury shall instruct the United States executive director of each +international financial institution to use the voice of the United +States to encourage such institution to collect, verify, and publish, +to the maximum extent practicable, beneficial ownership information +(excluding proprietary information) for any corporation or limited +liability company, other than a publicly listed company, that receives +funds from any such financial institution: Provided, That not later +than 45 days after enactment of this Act, the Secretary shall submit a +report to the Committees on Appropriations on steps taken in fiscal +year 2019 by the United States executive directors and the +international financial institutions consistent with this subsection +compared to the previous fiscal year. + (g) Whistleblower Protections.--The Secretary of the Treasury shall +instruct the United States executive director of each international +financial institution to use the voice of the United States to +encourage each such institution to effectively implement and enforce +policies and procedures which meet or exceed best practices in the +United States for the protection of whistleblowers from retaliation, +including-- + (1) protection against retaliation for internal and lawful + public disclosure; + (2) legal burdens of proof; + (3) statutes of limitation for reporting retaliation; + (4) access to binding independent adjudicative bodies, + including shared cost and selection external arbitration; and + (5) results that eliminate the effects of proven retaliation, + including provision for the restoration of prior employment. + + insecure communications networks + + Sec. 7030. Funds appropriated by this Act shall be made available +for programs to-- + (1) advance the adoption of secure, next-generation + communications networks and services, including 5G, and + cybersecurity policies, in countries receiving assistance under + this Act and prior Acts making appropriations for the Department of + State, foreign operations, and related programs; + (2) counter the establishment of insecure communications + networks and services, including 5G, promoted by the People's + Republic of China and other state-backed enterprises that are + subject to undue or extrajudicial control by their country of + origin; and + (3) provide policy and technical training to information + communication technology professionals in countries receiving + assistance under this Act, as appropriate. + + financial management and budget transparency + + Sec. 7031. (a) Limitation on Direct Government-to-Government +Assistance.-- + (1) Requirements.--Funds appropriated by this Act may be made + available for direct government-to-government assistance only if + the requirements included in section 7031(a)(1)(A) through (E) of + the Department of State, Foreign Operations, and Related Programs + Appropriations Act, 2019 (division F of Public Law 116-6) are fully + met. + (2) Consultation and notification.--In addition to the + requirements in paragraph (1), funds may only be made available for + direct government-to-government assistance subject to prior + consultation with, and the regular notification procedures of, the + Committees on Appropriations: Provided, That such notification + shall contain an explanation of how the proposed activity meets the + requirements of paragraph (1): Provided further, That the + requirements of this paragraph shall only apply to direct + government-to-government assistance in excess of $10,000,000 and + all funds available for cash transfer, budget support, and cash + payments to individuals. + (3) Suspension of assistance.--The Administrator of the United + States Agency for International Development or the Secretary of + State, as appropriate, shall suspend any direct government-to- + government assistance if the Administrator or the Secretary has + credible information of material misuse of such assistance, unless + the Administrator or the Secretary reports to the Committees on + Appropriations that it is in the national interest of the United + States to continue such assistance, including a justification, or + that such misuse has been appropriately addressed. + (4) Submission of information.--The Secretary of State shall + submit to the Committees on Appropriations, concurrent with the + fiscal year 2021 congressional budget justification materials, + amounts planned for assistance described in paragraph (1) by + country, proposed funding amount, source of funds, and type of + assistance. + (5) Debt service payment prohibition.--None of the funds made + available by this Act may be used by the government of any foreign + country for debt service payments owed by any country to any + international financial institution. + (b) National Budget and Contract Transparency.-- + (1) Minimum requirements of fiscal transparency.--The Secretary + of State shall continue to update and strengthen the ``minimum + requirements of fiscal transparency'' for each government receiving + assistance appropriated by this Act, as identified in the report + required by section 7031(b) of the Department of State, Foreign + Operations, and Related Programs Appropriations Act, 2014 (division + K of Public Law 113-76). + (2) Determination and report.--For each government identified + pursuant to paragraph (1), the Secretary of State, not later than + 180 days after enactment of this Act, shall make or update any + determination of ``significant progress'' or ``no significant + progress'' in meeting the minimum requirements of fiscal + transparency, and make such determinations publicly available in an + annual ``Fiscal Transparency Report'' to be posted on the + Department of State website: Provided, That such report shall + include the elements included in the explanatory statement + described in section 4 (in the matter preceding division A of this + consolidated Act). + (3) Assistance.--Not less than $5,000,000 of the funds + appropriated by this Act under the heading ``Economic Support + Fund'' shall be made available for programs and activities to + assist governments identified pursuant to paragraph (1) to improve + budget transparency and to support civil society organizations in + such countries that promote budget transparency: Provided, That + such sums shall be in addition to funds otherwise available for + such purposes: Provided further, That a description of the uses of + such funds shall be included in the annual ``Fiscal Transparency + Report'' required by paragraph (2). + (c) Anti-Kleptocracy and Human Rights.-- + (1) Ineligibility.--(A) Officials of foreign governments and + their immediate family members about whom the Secretary of State + has credible information have been involved, directly or + indirectly, in significant corruption, including corruption related + to the extraction of natural resources, or a gross violation of + human rights shall be ineligible for entry into the United States. + (B) The Secretary shall also publicly or privately designate or + identify the officials of foreign governments and their immediate + family members about whom the Secretary has such credible + information without regard to whether the individual has applied + for a visa. + (2) Exception.--Individuals shall not be ineligible for entry + into the United States pursuant to paragraph (1) if such entry + would further important United States law enforcement objectives or + is necessary to permit the United States to fulfill its obligations + under the United Nations Headquarters Agreement: Provided, That + nothing in paragraph (1) shall be construed to derogate from United + States Government obligations under applicable international + agreements. + (3) Waiver.--The Secretary may waive the application of + paragraph (1) if the Secretary determines that the waiver would + serve a compelling national interest or that the circumstances + which caused the individual to be ineligible have changed + sufficiently. + (4) Report.--Not later than 30 days after enactment of this + Act, and every 90 days thereafter, the Secretary of State shall + submit a report, including a classified annex if necessary, to the + appropriate congressional committees and the Committees on the + Judiciary describing the information related to corruption or + violation of human rights concerning each of the individuals found + ineligible in the previous 12 months pursuant to paragraph (1)(A) + as well as the individuals who the Secretary designated or + identified pursuant to paragraph (1)(B), or who would be ineligible + but for the application of paragraph (2), a list of any waivers + provided under paragraph (3), and the justification for each + waiver. + (5) Posting of report.--Any unclassified portion of the report + required under paragraph (4) shall be posted on the Department of + State website. + (6) Clarification.--For purposes of paragraphs (1), (4), and + (5), the records of the Department of State and of diplomatic and + consular offices of the United States pertaining to the issuance or + refusal of visas or permits to enter the United States shall not be + considered confidential. + (d) Extraction of Natural Resources.-- + (1) Assistance.--Funds appropriated by this Act shall be made + available to promote and support transparency and accountability of + expenditures and revenues related to the extraction of natural + resources, including by strengthening implementation and monitoring + of the Extractive Industries Transparency Initiative, implementing + and enforcing section 8204 of the Food, Conservation, and Energy + Act of 2008 (Public Law 110-246; 122 Stat. 2052) and the amendments + made by such section, and to prevent the sale of conflict diamonds, + and provide technical assistance to promote independent audit + mechanisms and support civil society participation in natural + resource management. + (2) Public disclosure and independent audits.--(A) The + Secretary of the Treasury shall instruct the executive director of + each international financial institution that it is the policy of + the United States to use the voice and vote of the United States to + oppose any assistance by such institutions (including any loan, + credit, grant, or guarantee) to any country for the extraction and + export of a natural resource if the government of such country has + in place laws, regulations, or procedures to prevent or limit the + public disclosure of company payments as required by United States + law, and unless such government has adopted laws, regulations, or + procedures in the sector in which assistance is being considered to + meet the standards included under this section in the explanatory + statement described in section 4 (in the matter preceding division + A of this consolidated Act). + (B) The requirements of subparagraph (A) shall not apply to + assistance for the purpose of building the capacity of such + government to meet the requirements of this subparagraph. + (e) Foreign Assistance Website.--Funds appropriated by this Act +under titles I and II, and funds made available for any independent +agency in title III, as appropriate, shall be made available to support +the provision of additional information on United States Government +foreign assistance on the Department of State foreign assistance +website: Provided, That all Federal agencies funded under this Act +shall provide such information on foreign assistance, upon request and +in a timely manner, to the Department of State: Provided further, That +not later than 60 days after enactment of this Act, the Secretary of +State and USAID Administrator shall report to the Committees on +Appropriations on the process and timeline required to consolidate data +from USAID's ``Foreign Aid Explorer'' and ``ForeignAssistance.gov'', in +accordance with the requirements specified in the explanatory statement +described in section 4 (in the matter preceding division A of this +consolidated Act). + + democracy programs + + Sec. 7032. (a) Funding.-- + (1) In general.--Of the funds appropriated by this Act under + the headings ``Development Assistance'', ``Economic Support Fund'', + ``Democracy Fund'', ``Assistance for Europe, Eurasia and Central + Asia'', and ``International Narcotics Control and Law + Enforcement'', not less than $2,400,000,000 shall be made available + for democracy programs. + (2) Programs.--Of the funds made available for democracy + programs under the headings ``Economic Support Fund'' and + ``Assistance for Europe, Eurasia and Central Asia'' pursuant to + paragraph (1), not less than $102,040,000 shall be made available + to the Bureau of Democracy, Human Rights, and Labor, Department of + State, at not less than the amounts specified for certain countries + and regional programs designated in the table under this section in + the explanatory statement described in section 4 (in the matter + preceding division A of this consolidated Act). + (b) Authorities.-- + (1) Availability.--Funds made available by this Act for + democracy programs pursuant to subsection (a) and under the heading + ``National Endowment for Democracy'' may be made available + notwithstanding any other provision of law, and with regard to the + National Endowment for Democracy (NED), any regulation. + (2) Beneficiaries.--Funds made available by this Act for the + NED are made available pursuant to the authority of the National + Endowment for Democracy Act (title V of Public Law 98-164), + including all decisions regarding the selection of beneficiaries. + (c) Definition of Democracy Programs.--For purposes of funds +appropriated by this Act, the term ``democracy programs'' means +programs that support good governance, credible and competitive +elections, freedom of expression, association, assembly, and religion, +human rights, labor rights, independent media, and the rule of law, and +that otherwise strengthen the capacity of democratic political parties, +governments, nongovernmental organizations and institutions, and +citizens to support the development of democratic states and +institutions that are responsive and accountable to citizens. + (d) Program Prioritization.--Funds made available pursuant to this +section that are made available for programs to strengthen government +institutions shall be prioritized for those institutions that +demonstrate a commitment to democracy and the rule of law. + (e) Restriction on Prior Approval.--With respect to the provision +of assistance for democracy programs in this Act, the organizations +implementing such assistance, the specific nature of that assistance, +and the participants in such programs shall not be subject to the prior +approval by the government of any foreign country: Provided, That the +Secretary of State, in coordination with the Administrator of the +United States Agency for International Development, shall report to the +Committees on Appropriations, not later than 120 days after enactment +of this Act, detailing steps taken by the Department of State and USAID +to comply with the requirements of this subsection. + (f) Continuation of Current Practices.--The United States Agency +for International Development shall continue to implement civil society +and political competition and consensus building programs abroad with +funds appropriated by this Act in a manner that recognizes the unique +benefits of grants and cooperative agreements in implementing such +programs. + (g) Informing the National Endowment for Democracy.--The Assistant +Secretary for Democracy, Human Rights, and Labor, Department of State, +and the Assistant Administrator for Democracy, Conflict, and +Humanitarian Assistance, USAID, shall regularly inform the National +Endowment for Democracy of democracy programs that are planned and +supported by funds made available by this Act and prior Acts making +appropriations for the Department of State, foreign operations, and +related programs. + (h) Protection of Civil Society Activists and Journalists.--Of the +funds appropriated by this Act under the headings ``Economic Support +Fund'' and ``Democracy Fund'', not less than $20,000,000 shall be made +available to support and protect civil society activists and +journalists who have been threatened, harassed, or attacked, including +journalists affiliated with the United States Agency for Global Media, +consistent with the action plan submitted pursuant to, and on the same +terms and conditions of, section 7032(i) of the Department of State, +Foreign Operations, and Related Programs Appropriations Act, 2018 +(division K of Public Law 115-141). + (i) International Freedom of Expression.-- + (1) Operations.--Funds appropriated by this Act under the + heading ``Diplomatic Programs'' shall be made available for the + Bureau of Democracy, Human Rights, and Labor, Department of State, + for the costs of administering programs designed to promote and + defend freedom of expression and the independence of the media in + countries where such freedom and independence are restricted or + denied. + (2) Assistance.--Of the funds appropriated by this Act under + the heading ``Economic Support Fund'', not less than $10,000,000 + shall be made available for programs that promote and defend + freedom of expression and the independence of the media abroad: + Provided, That such funds are in addition to funds otherwise made + available by this Act for such purposes, and are intended to + complement emergency and safety programs for civil society, + including journalists and media outlets at risk: Provided further, + That such funds shall be subject to prior consultation with, and + the regular notification procedures of, the Committees on + Appropriations. + + international religious freedom + + Sec. 7033. (a) International Religious Freedom Office.--Funds +appropriated by this Act under the heading ``Diplomatic Programs'' +shall be made available for the Office of International Religious +Freedom, Department of State, including for support staff at not less +than the amounts specified for such office in the table under such +heading in the explanatory statement described in section 4 (in the +matter preceding division A of this consolidated Act). + (b) Assistance.--Funds appropriated by this Act under the headings +``Democracy Fund'', ``Economic Support Fund'', and ``International +Broadcasting Operations'' shall be made available for international +religious freedom programs and funds appropriated by this Act under the +headings ``International Disaster Assistance'' and ``Migration and +Refugee Assistance'' shall be made available for humanitarian +assistance for vulnerable and persecuted religious minorities: +Provided, That funds made available by this Act under the headings +``Economic Support Fund'' and ``Democracy Fund'' pursuant to this +section shall be the responsibility of the Ambassador-at-Large for +International Religious Freedom, in consultation with other relevant +United States Government officials, and shall be subject to prior +consultation with the Committees on Appropriations. + (c) Authority.--Funds appropriated by this Act and prior Acts +making appropriations for the Department of State, foreign operations, +and related programs under the heading ``Economic Support Fund'' may be +made available notwithstanding any other provision of law for +assistance for ethnic and religious minorities in Iraq and Syria. + (d) Designation of Non-state Actors.--Section 7033(e) of the +Department of State, Foreign Operations, and Related Programs +Appropriations Act, 2017 (division J of Public 115-31) shall continue +in effect during fiscal year 2020. + + special provisions + + Sec. 7034. (a) Victims of War, Displaced Children, and Displaced +Burmese.--Funds appropriated in titles III and VI of this Act that are +made available for victims of war, displaced children, displaced +Burmese, and to combat trafficking in persons and assist victims of +such trafficking, may be made available notwithstanding any other +provision of law. + (b) Forensic Assistance.-- + (1) Of the funds appropriated by this Act under the heading + ``Economic Support Fund'', not less than $12,500,000 shall be made + available for forensic anthropology assistance related to the + exhumation and identification of victims of war crimes, crimes + against humanity, and genocide, which shall be administered by the + Assistant Secretary for Democracy, Human Rights, and Labor, + Department of State: Provided, That such funds shall be in + addition to funds made available by this Act and prior Acts making + appropriations for the Department of State, foreign operations, and + related programs for assistance for countries. + (2) Of the funds appropriated by this Act under the heading + ``International Narcotics Control and Law Enforcement'', not less + than $8,000,000 shall be made available for DNA forensic technology + programs to combat human trafficking in Central America and Mexico. + (c) Atrocities Prevention.--Of the funds appropriated by this Act +under the headings ``Economic Support Fund'' and ``International +Narcotics Control and Law Enforcement'', not less than $5,000,000 shall +be made available for programs to prevent atrocities, including to +implement recommendations of the Atrocities Prevention Board: +Provided, That funds made available pursuant to this subsection are in +addition to amounts otherwise made available for such purposes: +Provided further, That such funds shall be subject to the regular +notification procedures of the Committees on Appropriations. + (d) World Food Programme.--Funds managed by the Bureau for +Democracy, Conflict, and Humanitarian Assistance, United States Agency +for International Development, from this or any other Act, may be made +available as a general contribution to the World Food Programme, +notwithstanding any other provision of law. + (e) Directives and Authorities.-- + (1) Research and training.--Funds appropriated by this Act + under the heading ``Assistance for Europe, Eurasia and Central + Asia'' shall be made available to carry out the Program for + Research and Training on Eastern Europe and the Independent States + of the Former Soviet Union as authorized by the Soviet-Eastern + European Research and Training Act of 1983 (22 U.S.C. 4501 et + seq.). + (2) Genocide victims memorial sites.--Funds appropriated by + this Act and prior Acts making appropriations for the Department of + State, foreign operations, and related programs under the headings + ``Economic Support Fund'' and ``Assistance for Europe, Eurasia and + Central Asia'' may be made available as contributions to establish + and maintain memorial sites of genocide, subject to the regular + notification procedures of the Committees on Appropriations. + (3) Private sector partnerships.--Of the funds appropriated by + this Act under the headings ``Development Assistance'' and + ``Economic Support Fund'' that are made available for private + sector partnerships, up to $50,000,000 may remain available until + September 30, 2022: Provided, That funds made available pursuant + to this paragraph may only be made available following prior + consultation with the appropriate congressional committees, and the + regular notification procedures of the Committees on + Appropriations. + (4) Additional authorities.--Of the amounts made available by + title I of this Act under the heading ``Diplomatic Programs'', up + to $500,000 may be made available for grants pursuant to section + 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 + (22 U.S.C. 2656d), including to facilitate collaboration with + indigenous communities, and up to $1,000,000 may be made available + for grants to carry out the activities of the Cultural Antiquities + Task Force. + (5) Innovation.--The USAID Administrator may use funds + appropriated by this Act under title III to make innovation + incentive awards in accordance with the terms and conditions of + section 7034(e)(4) of the Department of State, Foreign Operations, + and Related Programs Appropriations Act, 2019 (division F of Public + Law 116-6): Provided, That each individual award may not exceed + $100,000: Provided further, That no more than 15 such awards may + be made during fiscal year 2020. + (6) Exchange visitor program.--None of the funds made available + by this Act may be used to modify the Exchange Visitor Program + administered by the Department of State to implement the Mutual + Educational and Cultural Exchange Act of 1961 (Public Law 87-256; + 22 U.S.C. 2451 et seq.), except through the formal rulemaking + process pursuant to the Administrative Procedure Act (5 U.S.C. 551 + et seq.) and notwithstanding the exceptions to such rulemaking + process in such Act: Provided, That funds made available for such + purpose shall only be made available after consultation with, and + subject to the regular notification procedures of, the Committees + on Appropriations, regarding how any proposed modification would + affect the public diplomacy goals of, and the estimated economic + impact on, the United States: Provided further, That such + consultation shall take place not later than 30 days prior to the + publication in the Federal Register of any regulatory action + modifying the Exchange Visitor Program. + (f) Partner Vetting.--Prior to initiating a partner vetting +program, or making significant changes to the scope of an existing +partner vetting program, the Secretary of State and USAID +Administrator, as appropriate, shall consult with the Committees on +Appropriations: Provided, That the Secretary and the Administrator +shall provide a direct vetting option for prime awardees in any partner +vetting program initiated or significantly modified after the date of +enactment of this Act, unless the Secretary of State or USAID +Administrator, as applicable, informs the Committees on Appropriations +on a case-by-case basis that a direct vetting option is not feasible +for such program. + (g) Contingencies.--During fiscal year 2020, the President may use +up to $125,000,000 under the authority of section 451 of the Foreign +Assistance Act of 1961, notwithstanding any other provision of law. + (h) International Child Abductions.--The Secretary of State should +withhold funds appropriated under title III of this Act for assistance +for the central government of any country that is not taking +appropriate steps to comply with the Convention on the Civil Aspects of +International Child Abductions, done at the Hague on October 25, 1980: +Provided, That the Secretary shall report to the Committees on +Appropriations within 15 days of withholding funds under this +subsection. + (i) Transfer of Funds for Extraordinary Protection.--The Secretary +of State may transfer to, and merge with, funds under the heading +``Protection of Foreign Missions and Officials'' unobligated balances +of expired funds appropriated under the heading ``Diplomatic Programs'' +for fiscal year 2020, except for funds designated for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985, at no later than the end of the fifth fiscal year after +the last fiscal year for which such funds are available for the +purposes for which appropriated: Provided, That not more than +$50,000,000 may be transferred. + (j) Authority.--Funds made available by this Act under the heading +``Economic Support Fund'' to counter extremism may be made available +notwithstanding any other provision of law restricting assistance to +foreign countries, except sections 502B, 620A, and 620M of the Foreign +Assistance Act of 1961: Provided, That the use of the authority of +this subsection shall be subject to prior consultation with the +appropriate congressional committees and the regular notification +procedures of the Committees on Appropriations. + (k) Protections and Remedies for Employees of Diplomatic Missions +and International Organizations.--The Secretary of State shall +implement section 203(a)(2) of the William Wilberforce Trafficking +Victims Protection Reauthorization Act of 2008 (Public Law 110-457): +Provided, That in addition to suspension on the basis of an unpaid +default or final civil judgment directly or indirectly related to human +trafficking against the employer or a family member assigned to an +embassy, suspension on this basis should also apply to an employer or +family member assigned to any diplomatic mission, or any international +organization: Provided further, That the Secretary of State should +assist in obtaining payment of final court judgments awarded to A-3 and +G-5 visa holders, including encouraging the sending states to provide +compensation directly to victims: Provided further, That the Secretary +shall include in the Trafficking in Persons annual report a concise +summary of each trafficking case involving an A-3 or G-5 visa holder +that meets one or more of the following criteria: (1) a final court +judgment (including a default judgment) issued against a current or +former employee of such diplomatic mission or international +organization; (2) the issuance of a T-visa to the victim; or (3) a +request by the Department of State to the sending state that immunity +of individual diplomats or family members be waived to permit criminal +prosecution. + (l) Extension of Authorities.-- + (1) Passport fees.--Section 1(b)(2) of the Passport Act of June + 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting + ``September 30, 2020'' for ``September 30, 2010''. + (2) Incentives for critical posts.--The authority contained in + section 1115(d) of the Supplemental Appropriations Act, 2009 + (Public Law 111-32) shall remain in effect through September 30, + 2020. + (3) USAID civil service annuitant waiver.--Section 625(j)(1) of + the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be + applied by substituting ``September 30, 2020'' for ``October 1, + 2010'' in subparagraph (B). + (4) Overseas pay comparability and limitation.--(A) Subject to + the limitation described in subparagraph (B), the authority + provided by section 1113 of the Supplemental Appropriations Act, + 2009 (Public Law 111-32) shall remain in effect through September + 30, 2020. + (B) The authority described in subparagraph (A) may not be used + to pay an eligible member of the Foreign Service (as defined in + section 1113(b) of the Supplemental Appropriations Act, 2009 + (Public Law 111-32)) a locality-based comparability payment (stated + as a percentage) that exceeds two-thirds of the amount of the + locality-based comparability payment (stated as a percentage) that + would be payable to such member under section 5304 of title 5, + United States Code, if such member's official duty station were in + the District of Columbia. + (5) Categorical eligibility.--The Foreign Operations, Export + Financing, and Related Programs Appropriations Act, 1990 (Public + Law 101-167) is amended-- + (A) in section 599D (8 U.S.C. 1157 note)-- + (i) in subsection (b)(3), by striking ``and 2019'' and + inserting ``2019, and 2020''; and + (ii) in subsection (e), by striking ``2019'' each place + it appears and inserting ``2020''; and + (B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking + ``2019'' and inserting ``2020''. + (6) Inspector general annuitant waiver.--The authorities + provided in section 1015(b) of the Supplemental Appropriations Act, + 2010 (Public Law 111-212) shall remain in effect through September + 30, 2020, and may be used to facilitate the assignment of persons + for oversight of programs in Syria, South Sudan, Yemen, Somalia, + and Venezuela. + (7) Accountability review boards.--The authority provided by + section 301(a)(3) of the Omnibus Diplomatic Security and + Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in + effect for facilities in Afghanistan through September 30, 2020, + except that the notification and reporting requirements contained + in such section shall include the Committees on Appropriations. + (8) Special inspector general for afghanistan reconstruction + competitive status.--Notwithstanding any other provision of law, + any employee of the Special Inspector General for Afghanistan + Reconstruction (SIGAR) who completes at least 12 months of + continuous service after enactment of this Act or who is employed + on the date on which SIGAR terminates, whichever occurs first, + shall acquire competitive status for appointment to any position in + the competitive service for which the employee possesses the + required qualifications. + (9) Transfer of balances.--Section 7081(h) of the Department of + State, Foreign Operations, and Related Programs Appropriations Act, + 2017 (division J of Public Law 115-31) shall continue in effect + during fiscal year 2020. + (10) Department of state inspector general waiver authority.-- + The Inspector General of the Department of State may waive the + provisions of subsections (a) through (d) of section 824 of the + Foreign Service Act of 1980 (22 U.S.C. 4064) on a case-by-case + basis for an annuitant reemployed by the Inspector General on a + temporary basis, subject to the same constraints and in the same + manner by which the Secretary of State may exercise such waiver + authority pursuant to subsection (g) of such section. + (11) Afghan allies.--Section 602(b)(3)(F) of the Afghan Allies + Protection Act of 2009 (8 U.S.C. 1101 note) is amended-- + (A) in the heading, striking ``2015, 2016, AND 2017'' and + inserting ``2015 THROUGH 2020''; + (B) in the matter preceding clause (i), by striking + ``18,500'' and inserting ``22,500''; and + (C) in clauses (i) and (ii), by striking ``December 31, + 2020'' and inserting ``December 31, 2021''. + (m) Monitoring and Evaluation.--Funds appropriated by this Act that +are made available for monitoring and evaluation of assistance under +the headings ``Development Assistance'', ``International Disaster +Assistance'', and ``Migration and Refugee Assistance'' shall, as +appropriate, be made available for the regular collection of feedback +obtained directly from beneficiaries on the quality and relevance of +such assistance: Provided, That the Department of State and USAID +shall establish, and post on their respective websites, updated +procedures for implementing partners that receive funds under such +headings for regularly collecting and responding to such feedback, +including guidelines for the reporting on actions taken in response to +the feedback received: Provided further, That the Department of State +and USAID shall regularly conduct oversight to ensure that such +feedback is regularly collected and used by implementing partners to +maximize the cost-effectiveness and utility of such assistance. + (n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS +Working Capital Fund established pursuant to section 525(b)(1) of the +Foreign Operations, Export Financing, and Related Programs +Appropriations Act, 2005 (Public Law 108-447) may be made available for +pharmaceuticals and other products for child survival, malaria, and +tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other +products, subject to the terms and conditions in such section: +Provided, That the authority in section 525(b)(5) of the Foreign +Operations, Export Financing, and Related Programs Appropriation Act, +2005 (Public Law 108-447) shall be exercised by the Assistant +Administrator for Global Health, USAID, with respect to funds deposited +for such non-HIV/AIDS pharmaceuticals and other products, and shall be +subject to the regular notification procedures of the Committees on +Appropriations: Provided further, That the Secretary of State shall +include in the congressional budget justification an accounting of +budgetary resources, disbursements, balances, and reimbursements +related to such fund. + (o) Loans, Consultation, and Notification.-- + (1) Loan guarantees.--Funds appropriated under the headings + ``Economic Support Fund'' and ``Assistance for Europe, Eurasia and + Central Asia'' by this Act and prior Acts making appropriations for + the Department of State, foreign operations, and related programs + may be made available for the costs, as defined in section 502 of + the Congressional Budget Act of 1974, of loan guarantees for Egypt, + Jordan, Tunisia, and Ukraine, which are authorized to be provided: + Provided, That amounts made available under this paragraph for the + costs of such guarantees shall not be considered assistance for the + purposes of provisions of law limiting assistance to a country. + (2) Designation requirement.--Funds made available pursuant to + paragraph (1) from prior Acts making appropriations for the + Department of State, foreign operations, and related programs that + were previously designated by the Congress for Overseas Contingency + Operations/Global War on Terrorism pursuant to section + 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit + Control Act of 1985 are designated by the Congress for Overseas + Contingency Operations/Global War on Terrorism pursuant to section + 251(b)(2)(A)(ii) of such Act. + (3) Consultation and notification.--Funds made available + pursuant to the authorities of this subsection shall be subject to + prior consultation with the appropriate congressional committees + and the regular notification procedures of the Committees on + Appropriations. + (p) Local Works.-- + (1) Funding.--Of the funds appropriated by this Act under the + headings ``Development Assistance'' and ``Economic Support Fund'', + not less than $50,000,000 shall be made available for Local Works + pursuant to section 7080 of the Department of State, Foreign + Operations, and Related Programs Appropriations Act, 2015 (division + J of Public Law 113-235), which may remain available until + September 30, 2024. + (2) Eligible entities.--For the purposes of section 7080 of the + Department of State, Foreign Operations, and Related Programs + Appropriations Act, 2015 (division J of Public Law 113-235), + ``eligible entities'' shall be defined as small local, + international, and United States-based nongovernmental + organizations, educational institutions, and other small entities + that have received less than a total of $5,000,000 from USAID over + the previous 5 fiscal years: Provided, That departments or centers + of such educational institutions may be considered individually in + determining such eligibility. + (q) Western Hemisphere Drug Policy Commission.--Up to $499,000 of +the funds appropriated under the heading ``Western Hemisphere Drug +Policy Commission, Salaries and Expenses'' of the Department of State, +Foreign Operations, and Related Programs Appropriations Act, 2019 +(division F of Public Law 116-6) shall remain available for obligation +until September 30, 2021, notwithstanding the period of availability +under such heading. + (r) Definitions.-- + (1) Appropriate congressional committees.--Unless otherwise + defined in this Act, for purposes of this Act the term + ``appropriate congressional committees'' means the Committees on + Appropriations and Foreign Relations of the Senate and the + Committees on Appropriations and Foreign Affairs of the House of + Representatives. + (2) Funds appropriated by this act and prior acts.--Unless + otherwise defined in this Act, for purposes of this Act the term + ``funds appropriated by this Act and prior Acts making + appropriations for the Department of State, foreign operations, and + related programs'' means funds that remain available for + obligation, and have not expired. + (3) International financial institutions.--In this Act + ``international financial institutions'' means the International + Bank for Reconstruction and Development, the International + Development Association, the International Finance Corporation, the + Inter-American Development Bank, the International Monetary Fund, + the International Fund for Agricultural Development, the Asian + Development Fund, the Inter-American Investment Corporation, the + North American Development Bank, the European Bank for + Reconstruction and Development, the African Development Bank, the + African Development Fund, and the Multilateral Investment Guarantee + Agency. + (4) Southern kordofan.--Any reference to Southern Kordofan in + this or any other Act making appropriations for the Department of + State, foreign operations, and related programs shall for this + fiscal year, and each fiscal year thereafter, be deemed to include + portions of Western Kordofan that were previously part of Southern + Kordofan prior to the 2013 division of Southern Kordofan. + (5) USAID.--In this Act, the term ``USAID'' means the United + States Agency for International Development. + (6) Spend plan.--In this Act, the term ``spend plan'' means a + plan for the uses of funds appropriated for a particular entity, + country, program, purpose, or account and which shall include, at a + minimum, a description of-- + (A) realistic and sustainable goals, criteria for measuring + progress, and a timeline for achieving such goals; + (B) amounts and sources of funds by account; + (C) how such funds will complement other ongoing or planned + programs; and + (D) implementing partners, to the maximum extent + practicable. + (7) Successor operating unit.--Any reference to a particular + USAID operating unit or office in this or prior Acts making + appropriations for the Department of State, foreign operations, and + related programs shall be deemed to include any successor operating + unit or office performing the same or similar functions. + + law enforcement and security + + Sec. 7035. (a) Assistance.-- + (1) Community-based police assistance.--Funds made available + under titles III and IV of this Act to carry out the provisions of + chapter 1 of part I and chapters 4 and 6 of part II of the Foreign + Assistance Act of 1961, may be used, notwithstanding section 660 of + that Act, to enhance the effectiveness and accountability of + civilian police authority through training and technical assistance + in human rights, the rule of law, anti-corruption, strategic + planning, and through assistance to foster civilian police roles + that support democratic governance, including assistance for + programs to prevent conflict, respond to disasters, address gender- + based violence, and foster improved police relations with the + communities they serve. + (2) Counterterrorism partnerships fund.--Funds appropriated by + this Act under the heading ``Nonproliferation, Anti-terrorism, + Demining and Related Programs'' shall be made available for the + Counterterrorism Partnerships Fund for programs in areas liberated + from, under the influence of, or adversely affected by, the Islamic + State of Iraq and Syria or other terrorist organizations: + Provided, That such areas shall include the Kurdistan Region of + Iraq: Provided further, That prior to the obligation of funds made + available pursuant to this paragraph, the Secretary of State shall + take all practicable steps to ensure that mechanisms are in place + for monitoring, oversight, and control of such funds: Provided + further, That funds made available pursuant to this paragraph shall + be subject to prior consultation with the appropriate congressional + committees, and the regular notification procedures of the + Committees on Appropriations. + (3) Combat casualty care.--(A) Consistent with the objectives + of the Foreign Assistance Act of 1961 and the Arms Export Control + Act, funds appropriated by this Act under the headings + ``Peacekeeping Operations'' and ``Foreign Military Financing + Program'' shall be made available for combat casualty training and + equipment. + (B) The Secretary of State shall offer combat casualty care + training and equipment as a component of any package of lethal + assistance funded by this Act with funds appropriated under the + headings ``Peacekeeping Operations'' and ``Foreign Military + Financing Program'': Provided, That the requirement of this + subparagraph shall apply to a country in conflict, unless the + Secretary determines that such country has in place, to the maximum + extent practicable, functioning combat casualty care treatment and + equipment that meets or exceeds the standards recommended by the + Committee on Tactical Combat Casualty Care: Provided further, That + any such training and equipment for combat casualty care shall be + made available through an open and competitive process. + (4) Training related to international humanitarian law.--The + Secretary of State shall offer training related to the requirements + of international humanitarian law as a component of any package of + lethal assistance funded by this Act with funds appropriated under + the headings ``Peacekeeping Operations'' and ``Foreign Military + Financing Program'': Provided, That the requirement of this + paragraph shall not apply to a country that is a member of the + North Atlantic Treaty Organization (NATO), is a major non-NATO ally + designated by section 517(b) of the Foreign Assistance Act of 1961, + or is complying with international humanitarian law: Provided + further, That any such training shall be made available through an + open and competitive process. + (5) Security force professionalization.--Funds appropriated by + this Act under the headings ``International Narcotics Control and + Law Enforcement'' and ``Peacekeeping Operations'' shall be made + available to increase the capacity of foreign military and law + enforcement personnel to operate in accordance with appropriate + standards relating to human rights and the protection of civilians + in the manner specified under this section in Senate Report 116- + 126, following consultation with the Committees on Appropriations: + Provided, That funds made available pursuant to this paragraph + shall be made available through an open and competitive process. + (6) Global security contingency fund.--Notwithstanding any + other provision of this Act, up to $7,500,000 from funds + appropriated by this Act under the headings ``Peacekeeping + Operations'' and ``Foreign Military Financing Program'' may be + transferred to, and merged with, funds previously made available + under the heading ``Global Security Contingency Fund'', subject to + the regular notification procedures of the Committees on + Appropriations. + (7) International prison conditions.--Of the funds appropriated + by this Act under the headings ``Development Assistance'', + ``Economic Support Fund'', and ``International Narcotics Control + and Law Enforcement'', not less than $7,500,000 shall be made + available for assistance to eliminate inhumane conditions in + foreign prisons and other detention facilities, notwithstanding + section 660 of the Foreign Assistance Act of 1961: Provided, That + the Secretary of State and the USAID Administrator shall consult + with the Committees on Appropriations on the proposed uses of such + funds prior to obligation and not later than 60 days after + enactment of this Act: Provided further, That such funds shall be + in addition to funds otherwise made available by this Act for such + purpose. + (b) Authorities.-- + (1) Reconstituting civilian police authority.--In providing + assistance with funds appropriated by this Act under section + 660(b)(6) of the Foreign Assistance Act of 1961, support for a + nation emerging from instability may be deemed to mean support for + regional, district, municipal, or other sub-national entity + emerging from instability, as well as a nation emerging from + instability. + (2) Disarmament, demobilization, and reintegration.--Section + 7034(d) of the Department of State, Foreign Operations, and Related + Programs Appropriations Act, 2015 (division J of Public Law 113- + 235) shall continue in effect during fiscal year 2020. + (3) Extension of war reserves stockpile authority.-- + (A) Section 12001(d) of the Department of Defense + Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) + is amended by striking ``of this section'' and all that follows + through the period at the end and inserting ``of this section + after September 30, 2021.''. + (B) Section 514(b)(2)(A) of the Foreign Assistance Act of + 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and + 2020'' and inserting ``2020, and 2021''. + (4) Commercial leasing of defense articles.--Notwithstanding + any other provision of law, and subject to the regular notification + procedures of the Committees on Appropriations, the authority of + section 23(a) of the Arms Export Control Act (22 U.S.C. 2763) may + be used to provide financing to Israel, Egypt, the North Atlantic + Treaty Organization (NATO), and major non-NATO allies for the + procurement by leasing (including leasing with an option to + purchase) of defense articles from United States commercial + suppliers, not including Major Defense Equipment (other than + helicopters and other types of aircraft having possible civilian + application), if the President determines that there are compelling + foreign policy or national security reasons for those defense + articles being provided by commercial lease rather than by + government-to-government sale under such Act. + (5) Special defense acquisition fund.--Not to exceed + $900,000,000 may be obligated pursuant to section 51(c)(2) of the + Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the purposes of + the Special Defense Acquisition Fund (the Fund), to remain + available for obligation until September 30, 2022: Provided, That + the provision of defense articles and defense services to foreign + countries or international organizations from the Fund shall be + subject to the concurrence of the Secretary of State. + (6) Public disclosure.--For the purposes of funds appropriated + by this Act and prior Acts making appropriations for the Department + of State, foreign operations, and related programs that are made + available for assistance for units of foreign security forces, the + term ``to the maximum extent practicable'' in section 620M(d)(7) of + the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) means that the + identity of such units shall be made publicly available unless the + Secretary of State, on a case-by-case basis, determines and reports + to the appropriate congressional committees that disclosure would + endanger the safety of human sources or reveal sensitive + intelligence sources and methods, or that non-disclosure is in the + national security interest of the United States: Provided, That + any such determination shall include a detailed justification, and + may be submitted in classified form. + (7) Duty to inform.--If assistance to a foreign security force + is provided in a manner in which the recipient unit or units cannot + be identified prior to the transfer of assistance, the Secretary of + State shall provide a list of units prohibited from receiving such + assistance pursuant to section 620M of the Foreign Assistance Act + of 1961 to the recipient government. + (c) Limitations.-- + (1) Child soldiers.--Funds appropriated by this Act should not + be used to support any military training or operations that include + child soldiers. + (2) Landmines and cluster munitions.-- + (A) Landmines.--Notwithstanding any other provision of law, + demining equipment available to the United States Agency for + International Development and the Department of State and used + in support of the clearance of landmines and unexploded + ordnance for humanitarian purposes may be disposed of on a + grant basis in foreign countries, subject to such terms and + conditions as the Secretary of State may prescribe. + (B) Cluster munitions.--No military assistance shall be + furnished for cluster munitions, no defense export license for + cluster munitions may be issued, and no cluster munitions or + cluster munitions technology shall be sold or transferred, + unless-- + (i) the submunitions of the cluster munitions, after + arming, do not result in more than 1 percent unexploded + ordnance across the range of intended operational + environments, and the agreement applicable to the + assistance, transfer, or sale of such cluster munitions or + cluster munitions technology specifies that the cluster + munitions will only be used against clearly defined + military targets and will not be used where civilians are + known to be present or in areas normally inhabited by + civilians; or + (ii) such assistance, license, sale, or transfer is for + the purpose of demilitarizing or permanently disposing of + such cluster munitions. + (3) Crowd control items.--Funds appropriated by this Act should + not be used for tear gas, small arms, light weapons, ammunition, or + other items for crowd control purposes for foreign security forces + that use excessive force to repress peaceful expression, + association, or assembly in countries that the Secretary of State + determines are undemocratic or are undergoing democratic + transitions. + (d) Reports.-- + (1) Security assistance report.--Not later than 120 days after + enactment of this Act, the Secretary of State shall submit to the + Committees on Appropriations a report on funds obligated and + expended during fiscal year 2019, by country and purpose of + assistance, under the headings ``Peacekeeping Operations'', + ``International Military Education and Training'', and ``Foreign + Military Financing Program''. + (2) Annual foreign military training report.--For the purposes + of implementing section 656 of the Foreign Assistance Act of 1961, + the term ``military training provided to foreign military personnel + by the Department of Defense and the Department of State'' shall be + deemed to include all military training provided by foreign + governments with funds appropriated to the Department of Defense or + the Department of State, except for training provided by the + government of a country designated by section 517(b) of such Act + (22 U.S.C. 2321k(b)) as a major non-North Atlantic Treaty + Organization ally. + + arab league boycott of israel + + Sec. 7036. It is the sense of the Congress that-- + (1) the Arab League boycott of Israel, and the secondary + boycott of American firms that have commercial ties with Israel, is + an impediment to peace in the region and to United States + investment and trade in the Middle East and North Africa; + (2) the Arab League boycott, which was regrettably reinstated + in 1997, should be immediately and publicly terminated, and the + Central Office for the Boycott of Israel immediately disbanded; + (3) all Arab League states should normalize relations with + their neighbor Israel; + (4) the President and the Secretary of State should continue to + vigorously oppose the Arab League boycott of Israel and find + concrete steps to demonstrate that opposition by, for example, + taking into consideration the participation of any recipient + country in the boycott when determining to sell weapons to said + country; and + (5) the President should report to Congress annually on + specific steps being taken by the United States to encourage Arab + League states to normalize their relations with Israel to bring + about the termination of the Arab League boycott of Israel, + including those to encourage allies and trading partners of the + United States to enact laws prohibiting businesses from complying + with the boycott and penalizing businesses that do comply. + + palestinian statehood + + Sec. 7037. (a) Limitation on Assistance.--None of the funds +appropriated under titles III through VI of this Act may be provided to +support a Palestinian state unless the Secretary of State determines +and certifies to the appropriate congressional committees that-- + (1) the governing entity of a new Palestinian state-- + (A) has demonstrated a firm commitment to peaceful co- + existence with the State of Israel; and + (B) is taking appropriate measures to counter terrorism and + terrorist financing in the West Bank and Gaza, including the + dismantling of terrorist infrastructures, and is cooperating + with appropriate Israeli and other appropriate security + organizations; and + (2) the Palestinian Authority (or the governing entity of a new + Palestinian state) is working with other countries in the region to + vigorously pursue efforts to establish a just, lasting, and + comprehensive peace in the Middle East that will enable Israel and + an independent Palestinian state to exist within the context of + full and normal relationships, which should include-- + (A) termination of all claims or states of belligerency; + (B) respect for and acknowledgment of the sovereignty, + territorial integrity, and political independence of every + state in the area through measures including the establishment + of demilitarized zones; + (C) their right to live in peace within secure and + recognized boundaries free from threats or acts of force; + (D) freedom of navigation through international waterways + in the area; and + (E) a framework for achieving a just settlement of the + refugee problem. + (b) Sense of Congress.--It is the sense of Congress that the +governing entity should enact a constitution assuring the rule of law, +an independent judiciary, and respect for human rights for its +citizens, and should enact other laws and regulations assuring +transparent and accountable governance. + (c) Waiver.--The President may waive subsection (a) if the +President determines that it is important to the national security +interest of the United States to do so. + (d) Exemption.--The restriction in subsection (a) shall not apply +to assistance intended to help reform the Palestinian Authority and +affiliated institutions, or the governing entity, in order to help meet +the requirements of subsection (a), consistent with the provisions of +section 7040 of this Act (``Limitation on Assistance for the +Palestinian Authority''). + + prohibition on assistance to the palestinian broadcasting corporation + + Sec. 7038. None of the funds appropriated or otherwise made +available by this Act may be used to provide equipment, technical +support, consulting services, or any other form of assistance to the +Palestinian Broadcasting Corporation. + + assistance for the west bank and gaza + + Sec. 7039. (a) Oversight.--For fiscal year 2020, 30 days prior to +the initial obligation of funds for the bilateral West Bank and Gaza +Program, the Secretary of State shall certify to the Committees on +Appropriations that procedures have been established to assure the +Comptroller General of the United States will have access to +appropriate United States financial information in order to review the +uses of United States assistance for the Program funded under the +heading ``Economic Support Fund'' for the West Bank and Gaza. + (b) Vetting.--Prior to the obligation of funds appropriated by this +Act under the heading ``Economic Support Fund'' for assistance for the +West Bank and Gaza, the Secretary of State shall take all appropriate +steps to ensure that such assistance is not provided to or through any +individual, private or government entity, or educational institution +that the Secretary knows or has reason to believe advocates, plans, +sponsors, engages in, or has engaged in, terrorist activity nor, with +respect to private entities or educational institutions, those that +have as a principal officer of the entity's governing board or +governing board of trustees any individual that has been determined to +be involved in, or advocating terrorist activity or determined to be a +member of a designated foreign terrorist organization: Provided, That +the Secretary of State shall, as appropriate, establish procedures +specifying the steps to be taken in carrying out this subsection and +shall terminate assistance to any individual, entity, or educational +institution which the Secretary has determined to be involved in or +advocating terrorist activity. + (c) Prohibition.-- + (1) Recognition of acts of terrorism.--None of the funds + appropriated under titles III through VI of this Act for assistance + under the West Bank and Gaza Program may be made available for-- + (A) the purpose of recognizing or otherwise honoring + individuals who commit, or have committed acts of terrorism; + and + (B) any educational institution located in the West Bank or + Gaza that is named after an individual who the Secretary of + State determines has committed an act of terrorism. + (2) Security assistance and reporting requirement.-- + Notwithstanding any other provision of law, none of the funds made + available by this or prior appropriations Acts, including funds + made available by transfer, may be made available for obligation + for security assistance for the West Bank and Gaza until the + Secretary of State reports to the Committees on Appropriations on + the benchmarks that have been established for security assistance + for the West Bank and Gaza and reports on the extent of Palestinian + compliance with such benchmarks. + (d) Oversight by the United States Agency for International +Development.-- + (1) The Administrator of the United States Agency for + International Development shall ensure that Federal or non-Federal + audits of all contractors and grantees, and significant + subcontractors and sub-grantees, under the West Bank and Gaza + Program, are conducted at least on an annual basis to ensure, among + other things, compliance with this section. + (2) Of the funds appropriated by this Act, up to $1,000,000 may + be used by the Office of Inspector General of the United States + Agency for International Development for audits, investigations, + and other activities in furtherance of the requirements of this + subsection: Provided, That such funds are in addition to funds + otherwise available for such purposes. + (e) Comptroller General of the United States Audit.--Subsequent to +the certification specified in subsection (a), the Comptroller General +of the United States shall conduct an audit and an investigation of the +treatment, handling, and uses of all funds for the bilateral West Bank +and Gaza Program, including all funds provided as cash transfer +assistance, in fiscal year 2020 under the heading ``Economic Support +Fund'', and such audit shall address-- + (1) the extent to which such Program complies with the + requirements of subsections (b) and (c); and + (2) an examination of all programs, projects, and activities + carried out under such Program, including both obligations and + expenditures. + (f) Notification Procedures.--Funds made available in this Act for +West Bank and Gaza shall be subject to the regular notification +procedures of the Committees on Appropriations. + + limitation on assistance for the palestinian authority + + Sec. 7040. (a) Prohibition of Funds.--None of the funds +appropriated by this Act to carry out the provisions of chapter 4 of +part II of the Foreign Assistance Act of 1961 may be obligated or +expended with respect to providing funds to the Palestinian Authority. + (b) Waiver.--The prohibition included in subsection (a) shall not +apply if the President certifies in writing to the Speaker of the House +of Representatives, the President pro tempore of the Senate, and the +Committees on Appropriations that waiving such prohibition is important +to the national security interest of the United States. + (c) Period of Application of Waiver.--Any waiver pursuant to +subsection (b) shall be effective for no more than a period of 6 months +at a time and shall not apply beyond 12 months after the enactment of +this Act. + (d) Report.--Whenever the waiver authority pursuant to subsection +(b) is exercised, the President shall submit a report to the Committees +on Appropriations detailing the justification for the waiver, the +purposes for which the funds will be spent, and the accounting +procedures in place to ensure that the funds are properly disbursed: +Provided, That the report shall also detail the steps the Palestinian +Authority has taken to arrest terrorists, confiscate weapons and +dismantle the terrorist infrastructure. + (e) Certification.--If the President exercises the waiver authority +under subsection (b), the Secretary of State must certify and report to +the Committees on Appropriations prior to the obligation of funds that +the Palestinian Authority has established a single treasury account for +all Palestinian Authority financing and all financing mechanisms flow +through this account, no parallel financing mechanisms exist outside of +the Palestinian Authority treasury account, and there is a single +comprehensive civil service roster and payroll, and the Palestinian +Authority is acting to counter incitement of violence against Israelis +and is supporting activities aimed at promoting peace, coexistence, and +security cooperation with Israel. + (f) Prohibition to Hamas and the Palestine Liberation +Organization.-- + (1) None of the funds appropriated in titles III through VI of + this Act may be obligated for salaries of personnel of the + Palestinian Authority located in Gaza or may be obligated or + expended for assistance to Hamas or any entity effectively + controlled by Hamas, any power-sharing government of which Hamas is + a member, or that results from an agreement with Hamas and over + which Hamas exercises undue influence. + (2) Notwithstanding the limitation of paragraph (1), assistance + may be provided to a power-sharing government only if the President + certifies and reports to the Committees on Appropriations that such + government, including all of its ministers or such equivalent, has + publicly accepted and is complying with the principles contained in + section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of + 1961, as amended. + (3) The President may exercise the authority in section 620K(e) + of the Foreign Assistance Act of 1961, as added by the Palestinian + Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to + this subsection. + (4) Whenever the certification pursuant to paragraph (2) is + exercised, the Secretary of State shall submit a report to the + Committees on Appropriations within 120 days of the certification + and every quarter thereafter on whether such government, including + all of its ministers or such equivalent are continuing to comply + with the principles contained in section 620K(b)(1) (A) and (B) of + the Foreign Assistance Act of 1961, as amended: Provided, That the + report shall also detail the amount, purposes and delivery + mechanisms for any assistance provided pursuant to the + abovementioned certification and a full accounting of any direct + support of such government. + (5) None of the funds appropriated under titles III through VI + of this Act may be obligated for assistance for the Palestine + Liberation Organization. + + middle east and north africa + + Sec. 7041. (a) Egypt.-- + (1) Certification and report.--Funds appropriated by this Act + that are available for assistance for Egypt may be made available + notwithstanding any other provision of law restricting assistance + for Egypt, except for this subsection and section 620M of the + Foreign Assistance Act of 1961, and may only be made available for + assistance for the Government of Egypt if the Secretary of State + certifies and reports to the Committees on Appropriations that such + government is-- + (A) sustaining the strategic relationship with the United + States; and + (B) meeting its obligations under the 1979 Egypt-Israel + Peace Treaty. + (2) Economic support fund.--Of the funds appropriated by this + Act under the heading ``Economic Support Fund'', not less than + $125,000,000 shall be made available for assistance for Egypt, of + which not less than $40,000,000 should be made available for higher + education programs, including not less than $15,000,000 for + scholarships for Egyptian students with high financial need to + attend not-for-profit institutions of higher education in Egypt + that are currently accredited by a regional accrediting agency + recognized by the United States Department of Education, or meets + standards equivalent to those required for United States + institutional accreditation by a regional accrediting agency + recognized by such Department: Provided, That such funds shall be + made available for democracy programs, and for development programs + in the Sinai: Provided further, That such funds may not be made + available for cash transfer assistance or budget support unless the + Secretary of State certifies and reports to the appropriate + congressional committees that the Government of Egypt is taking + consistent and effective steps to stabilize the economy and + implement market-based economic reforms. + (3) Foreign military financing program.--(A) Of the funds + appropriated by this Act under the heading ``Foreign Military + Financing Program'', $1,300,000,000, to remain available until + September 30, 2021, should be made available for assistance for + Egypt: Provided, That such funds may be transferred to an interest + bearing account in the Federal Reserve Bank of New York, following + consultation with the Committees on Appropriations, and the uses of + any interest earned on such funds shall be subject to the regular + notification procedures of the Committees on Appropriations: + Provided further, That $300,000,000 of such funds shall be withheld + from obligation until the Secretary of State certifies and reports + to the Committees on Appropriations that the Government of Egypt is + taking sustained and effective steps to-- + (i) strengthen the rule of law, democratic institutions, + and human rights in Egypt, including to protect religious + minorities and the rights of women, which are in addition to + steps taken during the previous calendar year for such + purposes; + (ii) implement reforms that protect freedoms of expression, + association, and peaceful assembly, including the ability of + civil society organizations, human rights defenders, and the + media to function without interference; + (iii) release political prisoners and provide detainees + with due process of law; + (iv) hold Egyptian security forces accountable, including + officers credibly alleged to have violated human rights; + (v) investigate and prosecute cases of extrajudicial + killings and forced disappearances; and + (vi) provide regular access for United States officials to + monitor such assistance in areas where the assistance is used: + Provided further, That the certification requirement of this + paragraph shall not apply to funds appropriated by this Act under + such heading for counterterrorism, border security, and + nonproliferation programs for Egypt. + (B) The Secretary of State may waive the certification + requirement in subparagraph (A) if the Secretary determines and + reports to the Committees on Appropriations that to do so is + important to the national security interest of the United States, + and submits a report to such Committees containing a detailed + justification for the use of such waiver and the reasons why any of + the requirements of subparagraph (A) cannot be met: Provided, That + the report required by this paragraph shall be submitted in + unclassified form, but may be accompanied by a classified annex. + (4) Report.--Not later than 30 days after enactment of this + Act, and every 60 days thereafter, the Secretary of State shall + submit a report to the appropriate congressional committees + describing and assessing the actions taken by the Government of + Egypt during the previous 60 days to fairly compensate April Corley + for injuries and losses sustained as a result of the attack on her + tour group by the Egyptian military on September 13, 2015, and + progress in resolving her case: Provided, That if the Secretary + reports that no progress has been made in the previous 60 days, the + report shall include the reasons for the lack of progress. + (b) Iran.-- + (1) Funding.--Funds appropriated by this Act under the headings + ``Diplomatic Programs'', ``Economic Support Fund'', and + ``Nonproliferation, Anti-terrorism, Demining and Related Programs'' + shall be made available for the programs and activities described + under this section in House Report 116-78. + (2) Reports.-- + (A) Semi-annual report.--The Secretary of State shall + submit to the Committees on Appropriations the semi-annual + report required by section 135(d)(4) of the Atomic Energy Act + of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the + Iran Nuclear Agreement Review Act of 2015 (Public Law 114-17). + (B) Sanctions report.--Not later than 180 days after the + date of enactment of this Act, the Secretary of State, in + consultation with the Secretary of the Treasury, shall submit + to the appropriate congressional committees a report on-- + (i) the status of United States bilateral sanctions on + Iran; + (ii) the reimposition and renewed enforcement of + secondary sanctions; and + (iii) the impact such sanctions have had on Iran's + destabilizing activities throughout the Middle East. + (c) Iraq.-- + (1) Purposes.--Funds appropriated under titles III and IV of + this Act shall be made available for assistance for Iraq for-- + (A) bilateral economic assistance and international + security assistance, including in the Kurdistan Region of Iraq + and for the Marla Ruzicka Iraqi War Victims Fund; + (B) stabilization assistance, including in Anbar Province; + (C) humanitarian assistance, including in the Kurdistan + Region of Iraq; and + (D) programs to protect and assist religious and ethnic + minority populations in Iraq, including as described under this + section in the explanatory statement described in section 4 (in + the matter preceding division A of this consolidated Act). + (2) United states consulate general basrah.--Any change in the + status of operations at United States Consulate General Basrah, + including the return of Consulate property located adjacent to the + Basrah International Airport to the Government of Iraq, shall be + subject to prior consultation with the appropriate congressional + committees and the regular notification procedures of the + Committees on Appropriations. + (3) Basing rights agreement.--None of the funds appropriated or + otherwise made available by this Act may be used by the Government + of the United States to enter into a permanent basing rights + agreement between the United States and Iraq. + (d) Jordan.-- + (1) Assistance appropriated by this act.--Of the funds + appropriated by this Act under titles III and IV, not less than + $1,525,000,000 shall be made available for assistance for Jordan, + of which: not less than $1,082,400,000 shall be made available + under the heading ``Economic Support Fund'', of which not less than + $745,100,000 shall be made available for budget support for the + Government of Jordan; and not less than $425,000,000 shall be made + available under the heading ``Foreign Military Financing Program''. + (2) Assistance appropriated by prior acts.--Of the funds + appropriated under the heading ``Economic Support Fund'' in prior + Acts making appropriations for the Department of State, foreign + operations, and related programs, not less than $125,000,000 shall + be made available for assistance for Jordan, of which $100,000,000 + shall be made available for budget support for the Government of + Jordan and $25,000,000 shall be made available for programs to + increase electricity transmission to neighboring countries, + including Iraq: Provided, That such funds are in addition to + amounts otherwise made available for such purposes. + (e) Lebanon.-- + (1) Assistance.--Funds appropriated under titles III and IV of + this Act shall be made available for assistance for Lebanon: + Provided, That such funds made available under the heading + ``Economic Support Fund'' may be made available notwithstanding + section 1224 of the Foreign Relations Authorization Act, Fiscal + Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note). + (2) Security assistance.-- + (A) Funds appropriated by this Act under the headings + ``International Narcotics Control and Law Enforcement'' and + ``Foreign Military Financing Program'' that are made available + for assistance for Lebanon may be made available for programs + and equipment for the Lebanese Internal Security Forces (ISF) + and the Lebanese Armed Forces (LAF) to address security and + stability requirements in areas affected by conflict in Syria, + following consultation with the appropriate congressional + committees. + (B) Funds appropriated by this Act under the heading + ``Foreign Military Financing Program'' that are made available + for assistance for Lebanon may only be made available for + programs to-- + (i) professionalize the LAF to mitigate internal and + external threats from non-state actors, including + Hizballah; + (ii) strengthen border security and combat terrorism, + including training and equipping the LAF to secure the + borders of Lebanon and address security and stability + requirements in areas affected by conflict in Syria, + interdicting arms shipments, and preventing the use of + Lebanon as a safe haven for terrorist groups; and + (iii) implement United Nations Security Council + Resolution 1701: + Provided, That prior to obligating funds made available by + this subparagraph for assistance for the LAF, the Secretary of + State shall submit to the Committees on Appropriations a spend + plan, including actions to be taken to ensure equipment + provided to the LAF is used only for the intended purposes, + except such plan may not be considered as meeting the + notification requirements under section 7015 of this Act or + under section 634A of the Foreign Assistance Act of 1961, and + shall be submitted not later than September 1, 2020: Provided + further, That any notification submitted pursuant to such + section shall include any funds specifically intended for + lethal military equipment. + (3) Limitation.--None of the funds appropriated by this Act may + be made available for the ISF or the LAF if the ISF or the LAF is + controlled by a foreign terrorist organization, as designated + pursuant to section 219 of the Immigration and Nationality Act (8 + U.S.C. 1189). + (f) Libya.-- + (1) Assistance.--Funds appropriated under titles III and IV of + this Act shall be made available for stabilization assistance for + Libya, including support for a United Nations-facilitated political + process and border security: Provided, That the limitation on the + uses of funds for certain infrastructure projects in section + 7041(f)(2) of the Department of State, Foreign Operations, and + Related Programs Appropriations Act, 2014 (division K of Public Law + 113-76) shall apply to such funds. + (2) Certification.--Prior to the initial obligation of funds + made available by this Act for assistance for Libya, the Secretary + of State shall certify and report to the Committees on + Appropriations that all practicable steps have been taken to ensure + that mechanisms are in place for monitoring, oversight, and control + of such funds. + (g) Morocco.-- + (1) Availability and consultation requirement.--Funds + appropriated under title III of this Act shall be made available + for assistance for the Western Sahara: Provided, That not later + than 90 days after enactment of this Act and prior to the + obligation of such funds, the Secretary of State, in consultation + with the Administrator of the United States Agency for + International Development, shall consult with the Committees on + Appropriations on the proposed uses of such funds. + (2) Foreign military financing program.--Funds appropriated by + this Act under the heading ``Foreign Military Financing Program'' + that are available for assistance for Morocco may only be used for + the purposes requested in the Congressional Budget Justification, + Foreign Operations, Fiscal Year 2017. + (h) Saudi Arabia.-- + (1) International military education and training.--None of the + funds appropriated by this Act under the heading ``International + Military Education and Training'' may be made available for + assistance for the Government of Saudi Arabia. + (2) Export-import bank.--None of the funds appropriated or + otherwise made available by this Act and prior Acts making + appropriations for the Department of State, foreign operations, and + related programs should be obligated or expended by the Export- + Import Bank of the United States to guarantee, insure, or extend + (or participate in the extension of) credit in connection with the + export of nuclear technology, equipment, fuel, materials, or other + nuclear technology-related goods or services to Saudi Arabia unless + the Government of Saudi Arabia-- + (A) has in effect a nuclear cooperation agreement pursuant + to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. + 2153); + (B) has committed to renounce uranium enrichment and + reprocessing on its territory under that agreement; and + (C) has signed and implemented an Additional Protocol to + its Comprehensive Safeguards Agreement with the International + Atomic Energy Agency. + (i) Syria.-- + (1) Non-lethal assistance.--Of the funds appropriated by this + Act under the headings ``Economic Support Fund'', ``International + Narcotics Control and Law Enforcement'', and ``Peacekeeping + Operations'', not less than $40,000,000 shall be made available, + notwithstanding any other provision of law, for non-lethal + stabilization assistance for Syria, of which not less than + $7,000,000 shall be made available for emergency medical and rescue + response and chemical weapons use investigations. + (2) Limitations.--Funds made available pursuant to paragraph + (1) of this subsection-- + (A) may not be made available for a project or activity + that supports or otherwise legitimizes the Government of Iran, + foreign terrorist organizations (as designated pursuant to + section 219 of the Immigration and Nationality Act (8 U.S.C. + 1189)), or a proxy of Iran in Syria; + (B) may not be made available for activities that further + the strategic objectives of the Government of the Russian + Federation that the Secretary of State determines may threaten + or undermine United States national security interests; and + (C) should not be used in areas of Syria controlled by a + government led by Bashar al-Assad or associated forces. + (3) Monitoring and oversight.--Prior to the obligation of any + funds appropriated by this Act and made available for assistance + for Syria, the Secretary of State shall take all practicable steps + to ensure that mechanisms are in place for monitoring, oversight, + and control of such assistance inside Syria. + (4) Consultation and notification.--Funds made available + pursuant to this subsection may only be made available following + consultation with the appropriate congressional committees, and + shall be subject to the regular notification procedures of the + Committees on Appropriations. + (j) Tunisia.-- + (1) Assistance appropriated by this act.--Of the funds + appropriated under titles III and IV of this Act, not less than + $191,400,000 shall be made available for assistance for Tunisia. + (2) Assistance appropriated by prior acts.--Of the funds + appropriated under the heading ``Economic Support Fund'' in prior + Acts making appropriations for the Department of State, foreign + operations, and related programs, not less than $50,000,000 shall + be made available for assistance for Tunisia: Provided, That such + funds are in addition to amounts otherwise made available for such + purposes. + (k) West Bank and Gaza.-- + (1) Report on assistance.--Prior to the initial obligation of + funds made available by this Act under the heading ``Economic + Support Fund'' for assistance for the West Bank and Gaza, the + Secretary of State shall report to the Committees on Appropriations + that the purpose of such assistance is to-- + (A) advance Middle East peace; + (B) improve security in the region; + (C) continue support for transparent and accountable + government institutions; + (D) promote a private sector economy; or + (E) address urgent humanitarian needs. + (2) Limitations.-- + (A)(i) None of the funds appropriated under the heading + ``Economic Support Fund'' in this Act may be made available for + assistance for the Palestinian Authority, if after the date of + enactment of this Act-- + (I) the Palestinians obtain the same standing as member + states or full membership as a state in the United Nations + or any specialized agency thereof outside an agreement + negotiated between Israel and the Palestinians; or + (II) the Palestinians initiate an International + Criminal Court (ICC) judicially authorized investigation, + or actively support such an investigation, that subjects + Israeli nationals to an investigation for alleged crimes + against Palestinians. + (ii) The Secretary of State may waive the restriction in + clause (i) of this subparagraph resulting from the application + of subclause (I) of such clause if the Secretary certifies to + the Committees on Appropriations that to do so is in the + national security interest of the United States, and submits a + report to such Committees detailing how the waiver and the + continuation of assistance would assist in furthering Middle + East peace. + (B)(i) The President may waive the provisions of section + 1003 of the Foreign Relations Authorization Act, Fiscal Years + 1988 and 1989 (Public Law 100-204) if the President determines + and certifies in writing to the Speaker of the House of + Representatives, the President pro tempore of the Senate, and + the appropriate congressional committees that the Palestinians + have not, after the date of enactment of this Act-- + (I) obtained in the United Nations or any specialized + agency thereof the same standing as member states or full + membership as a state outside an agreement negotiated + between Israel and the Palestinians; and + (II) initiated or actively supported an ICC + investigation against Israeli nationals for alleged crimes + against Palestinians. + (ii) Not less than 90 days after the President is unable to + make the certification pursuant to clause (i) of this + subparagraph, the President may waive section 1003 of Public + Law 100-204 if the President determines and certifies in + writing to the Speaker of the House of Representatives, the + President pro tempore of the Senate, and the Committees on + Appropriations that the Palestinians have entered into direct + and meaningful negotiations with Israel: Provided, That any + waiver of the provisions of section 1003 of Public Law 100-204 + under clause (i) of this subparagraph or under previous + provisions of law must expire before the waiver under the + preceding sentence may be exercised. + (iii) Any waiver pursuant to this subparagraph shall be + effective for no more than a period of 6 months at a time and + shall not apply beyond 12 months after the enactment of this + Act. + (3) Reduction.--The Secretary of State shall reduce the amount + of assistance made available by this Act under the heading + ``Economic Support Fund'' for the Palestinian Authority by an + amount the Secretary determines is equivalent to the amount + expended by the Palestinian Authority, the Palestine Liberation + Organization, and any successor or affiliated organizations with + such entities as payments for acts of terrorism by individuals who + are imprisoned after being fairly tried and convicted for acts of + terrorism and by individuals who died committing acts of terrorism + during the previous calendar year: Provided, That the Secretary + shall report to the Committees on Appropriations on the amount + reduced for fiscal year 2020 prior to the obligation of funds for + the Palestinian Authority. + (4) Private sector partnership programs.--Funds appropriated by + this Act and prior Acts making appropriations for the Department of + State, foreign operations, and related programs may be made + available for private sector partnership programs for the West Bank + and Gaza if such funds are authorized: Provided, That funds made + available pursuant to this paragraph shall be subject to prior + consultation with the appropriate congressional committees, and the + regular notification procedures of the Committees on + Appropriations. + (5) Security report.--The reporting requirements in section + 1404 of the Supplemental Appropriations Act, 2008 (Public Law 110- + 252) shall apply to funds made available by this Act, including a + description of modifications, if any, to the security strategy of + the Palestinian Authority. + (6) Incitement report.--Not later than 90 days after enactment + of this Act, the Secretary of State shall submit a report to the + appropriate congressional committees detailing steps taken by the + Palestinian Authority to counter incitement of violence against + Israelis and to promote peace and coexistence with Israel. + (l) Yemen.--Funds appropriated under title III of this Act and +prior Acts making appropriations for the Department of State, foreign +operations, and related programs shall be made available for +stabilization assistance for Yemen. + + africa + + Sec. 7042. (a) African Great Lakes Region Assistance Restriction.-- +Funds appropriated by this Act under the heading ``International +Military Education and Training'' for the central government of a +country in the African Great Lakes region may be made available only +for Expanded International Military Education and Training and +professional military education until the Secretary of State determines +and reports to the Committees on Appropriations that such government is +not facilitating or otherwise participating in destabilizing activities +in a neighboring country, including aiding and abetting armed groups. + (b) Cameroon.--Funds appropriated under title IV of this Act that +are made available for assistance for the armed forces of Cameroon, +including the Rapid Intervention Battalion, may only be made available +to counter regional terrorism, including Boko Haram and other Islamic +State affiliates, participate in international peacekeeping operations, +and for military education and maritime security programs. + (c) Central African Republic.--Of the funds appropriated by this +Act under the heading ``Economic Support Fund'', not less than +$3,000,000 shall be made available for a contribution to the Special +Criminal Court in Central African Republic. + (d) Democratic Republic of the Congo.--Funds appropriated by this +Act under titles III and IV shall be made available for assistance for +the Democratic Republic of the Congo for stabilization, global health, +and bilateral economic assistance, including in areas affected by, and +at risk from, the Ebola virus disease. + (e) Lake Chad Basin Countries.--Funds appropriated under titles III +and IV of this Act shall be made available, following consultation with +the Committees on Appropriations, for assistance for Cameroon, Chad, +Niger, and Nigeria for-- + (1) democracy, development, and health programs; + (2) assistance for individuals targeted by foreign terrorist + and other extremist organizations, including Boko Haram, consistent + with the provisions of section 7059 of this Act; + (3) assistance for individuals displaced by violent conflict; + and + (4) counterterrorism programs. + (f) Malawi.--Of the funds appropriated by this Act under the +heading ``Development Assistance'', not less than $60,000,000 shall be +made available for assistance for Malawi, of which up to $10,000,000 +shall be made available for higher education programs. + (g) Sahel Stabilization and Security.--Funds appropriated under +titles III and IV of this Act shall be made available for +stabilization, health, development, and security programs in the +countries of the Sahel region. + (h) South Sudan.-- + (1) Assistance.--Of the funds appropriated under title III of + this Act that are made available for assistance for South Sudan, + not less than $15,000,000 shall be made available for democracy + programs and not less than $8,000,000 shall be made available for + conflict mitigation and reconciliation programs. + (2) Limitation on assistance for the central government.--Funds + appropriated by this Act that are made available for assistance for + the central Government of South Sudan may only be made available, + following consultation with the Committees on Appropriations, for-- + (A) humanitarian assistance; + (B) health programs, including to prevent, detect, and + respond to the Ebola virus disease; + (C) assistance to support South Sudan peace negotiations or + to advance or implement a peace agreement; and + (D) assistance to support implementation of outstanding + issues of the Comprehensive Peace Agreement and mutual + arrangements related to such agreement: + Provided, That prior to the initial obligation of funds made +available pursuant to subparagraphs (C) and (D), the Secretary of State +shall consult with the Committees on Appropriations on the intended +uses of such funds and steps taken by such government to advance or +implement a peace agreement. + (i) Sudan.-- + (1) Limitations on assistance and loans.--(A) Notwithstanding + any other provision of law, none of the funds appropriated by this + Act may be made available for assistance for the Government of + Sudan. + (B) None of the funds appropriated by this Act may be made + available for the cost, as defined in section 502 of the + Congressional Budget Act of 1974, of modifying loans and loan + guarantees held by the Government of Sudan, including the cost of + selling, reducing, or canceling amounts owed to the United States, + and modifying concessional loans, guarantees, and credit + agreements. + (2) Exclusions.--The limitations of paragraph (1) shall not + apply to-- + (A) humanitarian assistance; + (B) assistance for democracy, health, agriculture, economic + growth, and education programs; + (C) assistance for the Darfur region, Southern Kordofan + State, Blue Nile State, other marginalized areas and + populations in Sudan, and Abyei; and + (D) assistance to support implementation of outstanding + issues of the Comprehensive Peace Agreement, mutual + arrangements related to post-referendum issues associated with + such Agreement, or any other viable peace agreement in Sudan. + (3) Consultation.--Funds appropriated by this Act and prior + Acts making appropriations for the Department of State, foreign + operations, and related programs that are made available for any + new program or activity in Sudan shall be subject to prior + consultation with the appropriate congressional committees. + (j) Zimbabwe.-- + (1) Instruction.--The Secretary of the Treasury shall instruct + the United States executive director of each international + financial institution to vote against any extension by the + respective institution of any loan or grant to the Government of + Zimbabwe, except to meet basic human needs or to promote democracy, + unless the Secretary of State certifies and reports to the + Committees on Appropriations that the rule of law has been + restored, including respect for ownership and title to property, + and freedoms of expression, association, and assembly. + (2) Limitation.--None of the funds appropriated by this Act + shall be made available for assistance for the central Government + of Zimbabwe, except for health and education, unless the Secretary + of State certifies and reports as required in paragraph (1). + + east asia and the pacific + + Sec. 7043. (a) Burma.-- + (1) Bilateral economic assistance.--(A) Of the funds + appropriated under title III of this Act, not less than + $131,450,000 shall be made available for assistance for Burma: + Provided, That such funds may be made available notwithstanding any + other provision of law and following consultation with the + appropriate congressional committees: Provided further, That such + funds shall be made available for programs to promote ethnic and + religious tolerance and to combat gender-based violence, including + in Kachin, Karen, Rakhine, and Shan states: Provided further, That + such funds may be made available for ethnic groups and civil + society in Burma to help sustain ceasefire agreements and further + prospects for reconciliation and peace, which may include support + to representatives of ethnic armed groups for this purpose. + (B) Funds appropriated under title III of this Act for + assistance for Burma shall be made available for community-based + organizations operating in Thailand to provide food, medical, and + other humanitarian assistance to internally displaced persons in + eastern Burma, in addition to assistance for Burmese refugees from + funds appropriated by this Act under the heading ``Migration and + Refugee Assistance'': Provided, That such funds may be available + for programs to support the return of Kachin, Karen, Rohingya, + Shan, and other refugees and internally displaced persons to their + locations of origin or preference in Burma only if such returns are + voluntary and consistent with international law. + (C) Funds appropriated under title III of this Act for + assistance for Burma that are made available for assistance for the + Government of Burma to support the implementation of Nationwide + Ceasefire Agreement conferences, committees, and other procedures + may only be made available if the Secretary of State reports to the + Committees on Appropriations that such conferences, committees, and + procedures are directed toward a sustainable peace and the + Government of Burma is implementing its commitments under such + Agreement. + (2) International security assistance.--None of the funds + appropriated by this Act under the headings ``International + Military Education and Training'' and ``Foreign Military Financing + Program'' may be made available for assistance for Burma: + Provided, That the Department of State may continue consultations + with the armed forces of Burma only on human rights and disaster + response in a manner consistent with the prior fiscal year, and + following consultation with the appropriate congressional + committees. + (3) Limitations.--None of the funds appropriated under title + III of this Act for assistance for Burma may be made available to + any organization or entity controlled by the armed forces of Burma, + or to any individual or organization that advocates violence + against ethnic or religious groups or individuals in Burma, as + determined by the Secretary of State for programs administered by + the Department of State and USAID or the President of the National + Endowment for Democracy (NED) for programs administered by NED. + (4) Consultation.--Any new program or activity in Burma + initiated in fiscal year 2020 shall be subject to prior + consultation with the appropriate congressional committees. + (b) Cambodia.-- + (1) Assistance.--Of the funds appropriated under title III of + this Act, not less than $82,505,000 shall be made available for + assistance for Cambodia. + (2) Certification and exceptions.-- + (A) Certification.--None of the funds appropriated by this + Act that are made available for assistance for the Government + of Cambodia may be obligated or expended unless the Secretary + of State certifies and reports to the Committees on + Appropriations that such Government is taking effective steps + to-- + (i) strengthen regional security and stability, + particularly regarding territorial disputes in the South + China Sea and the enforcement of international sanctions + with respect to North Korea; + (ii) assert its sovereignty against interference by the + People's Republic of China, including by verifiably + maintaining the neutrality of Ream Naval Base, other + military installations in Cambodia, and dual use facilities + such as the Dara Sakor development project; and + (iii) respect the rights, freedoms, and + responsibilities enshrined in the Constitution of the + Kingdom of Cambodia as enacted in 1993. + (B) Exceptions.--The certification required by subparagraph + (A) shall not apply to funds appropriated by this Act and made + available for democracy, health, education, and environment + programs, programs to strengthen the sovereignty of Cambodia, + and programs to educate and inform the people of Cambodia of + the influence efforts of the People's Republic of China in + Cambodia. + (3) Uses of funds.--Funds appropriated under title III of this + Act for assistance for Cambodia shall be made available for-- + (A) research and education programs associated with the + Khmer Rouge in Cambodia; and + (B) programs in the Khmer language to monitor, map, and + publicize the efforts by the People's Republic of China to + expand its influence in Cambodia, including in Sihanoukville, + Bavet, Poipet, Koh Kong, and areas bordering Vietnam. + (c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act +of 2018.-- + (1) Assistance.--Of the funds appropriated under titles III and + IV of this Act, not less than $1,482,000,000 shall be made + available to support the implementation of the Indo-Pacific + Strategy and the Asia Reassurance Initiative Act of 2018 (Public + Law 115-409). + (2) Countering chinese influence fund.--Of the funds + appropriated by this Act under the headings ``Development + Assistance'', ``Economic Support Fund'', ``International Narcotics + Control and Law Enforcement'', ``Nonproliferation, Anti-terrorism, + Demining and Related Programs'', and ``Foreign Military Financing + Program'', not less than $300,000,000 shall be made available for a + Countering Chinese Influence Fund to counter the influence of the + People's Republic of China globally, which shall be subject to + prior consultation with the Committees on Appropriations: + Provided, That such funds are in addition to amounts otherwise made + available for such purposes: Provided further, That such funds + appropriated under such headings may be transferred to, and merged + with, funds appropriated under such headings: Provided further, + That such transfer authority is in addition to any other transfer + authority provided by this Act or any other Act, and is subject to + the regular notification procedures of the Committees on + Appropriations. + (3) Restriction on uses of funds.--None of the funds + appropriated by this Act and prior Acts making appropriations for + the Department of State, foreign operations, and related programs + may be made available for any project or activity that directly + supports or promotes-- + (A) the Belt and Road Initiative or any dual-use + infrastructure projects of the People's Republic of China; and + (B) the use of technology, including biotechnology, + digital, telecommunications, and cyber, developed by the + People's Republic of China unless the Secretary of State, in + consultation with the USAID Administrator and the Chief + Executive Officer of the United States International + Development Finance Corporation, as appropriate, determines + that such use does not adversely impact the national security + of the United States. + (d) Laos.--Of the funds appropriated under title III of this Act, +not less than $34,280,000 shall be made available for assistance for +Laos. + (e) North Korea.-- + (1) Cybersecurity.--None of the funds appropriated by this Act + or prior Acts making appropriations for the Department of State, + foreign operations, and related programs may be made available for + assistance for the central government of a country the Secretary of + State determines and reports to the appropriate congressional + committees engages in significant transactions contributing + materially to the malicious cyber-intrusion capabilities of the + Government of North Korea: Provided, That the Secretary of State + shall submit the report required by section 209 of the North Korea + Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122; + 22 U.S.C. 9229) to the Committees on Appropriations: Provided + further, That the Secretary of State may waive the application of + the restriction in this paragraph with respect to assistance for + the central government of a country if the Secretary determines and + reports to the appropriate congressional committees that to do so + is important to the national security interest of the United + States, including a description of such interest served. + (2) Broadcasts.--Funds appropriated by this Act under the + heading ``International Broadcasting Operations'' shall be made + available to maintain broadcasting hours into North Korea at levels + not less than the prior fiscal year. + (3) Human rights promotion and limitation on use of funds.--(A) + Funds appropriated by this Act under the headings ``Economic + Support Fund'' and ``Democracy Fund'' shall be made available for + the promotion of human rights in North Korea: Provided, That the + authority of section 7032(b)(1) of this Act shall apply to such + funds. + (B) None of the funds made available by this Act under the + heading ``Economic Support Fund'' may be made available for + assistance for the Government of North Korea. + (f) People's Republic of China.-- + (1) Limitation on use of funds.--None of the funds appropriated + under the heading ``Diplomatic Programs'' in this Act may be + obligated or expended for processing licenses for the export of + satellites of United States origin (including commercial satellites + and satellite components) to the People's Republic of China (PRC) + unless, at least 15 days in advance, the Committees on + Appropriations are notified of such proposed action. + (2) People's liberation army.--The terms and requirements of + section 620(h) of the Foreign Assistance Act of 1961 shall apply to + foreign assistance projects or activities of the People's + Liberation Army (PLA) of the PRC, to include such projects or + activities by any entity that is owned or controlled by, or an + affiliate of, the PLA: Provided, That none of the funds + appropriated or otherwise made available pursuant to this Act may + be used to finance any grant, contract, or cooperative agreement + with the PLA, or any entity that the Secretary of State has reason + to believe is owned or controlled by, or an affiliate of, the PLA. + (3) United states-china friendship volunteer program.--Not + later than 90 days after enactment of this Act and following + consultation with the heads of other relevant Federal agencies, the + Director of the Peace Corps shall submit a report to the + appropriate congressional committees on the United States-China + Friendship Volunteer Program, including a description of program + coordination, implementation, and oversight, and the goals and + objectives served: Provided, That the Director shall also consult + with the Committees on Appropriations on such report. + (4) Hong kong.-- + (A) Democracy programs.--Of the funds appropriated by this + Act under the heading ``Democracy Fund'' for the Human Rights + and Democracy Fund of the Bureau of Democracy, Human Rights, + and Labor, Department of State, not less than $1,500,000 shall + be made available for democracy programs for Hong Kong, + including legal and other support for democracy activists. + (B) Report.--Funds appropriated under title I of this Act + shall be made available to prepare and submit to Congress the + report required by section 301 of the United States-Hong Kong + Policy Act of 1992 (22 U.S.C. 5731), which shall also include a + description of-- + (i) efforts by the Hong Kong authorities and the + Government of the People's Republic of China to prevent + free assembly and communications by the people of Hong + Kong; + (ii) the technical surveillance equipment and methods + used by the Hong Kong authorities and the Government of the + People's Republic of China to monitor the movement and + communications of the Hong Kong population; + (iii) the application of social and political control + tools developed by the Government of the People's Republic + of China and used by such Government and the Hong Kong + authorities in Hong Kong; + (iv) the disinformation and political influence + campaigns conducted by the Government of the People's + Republic of China in Hong Kong and overseas with respect to + the situation in Hong Kong; and + (v) the mission and activities of the People's Armed + Police, the People's Liberation Army, the Ministries of + Public Security and State Security in Beijing, the + Government of the People's Republic of China, and other + Chinese security forces in Hong Kong, including their + respective roles in human rights abuses against the people + of Hong Kong. + (g) Philippines.--None of the funds appropriated by this Act under +the heading ``International Narcotics Control and Law Enforcement'' may +be made available for counternarcotics assistance for the Philippines, +except for drug demand reduction, maritime law enforcement, or +transnational interdiction. + (h) Tibet.-- + (1) Financing of projects in tibet.--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 financing of projects in Tibet if + such projects do not provide incentives for the migration and + settlement of non-Tibetans into Tibet or facilitate the transfer of + ownership of Tibetan land and natural resources to non-Tibetans, + are based on a thorough needs-assessment, foster self-sufficiency + of the Tibetan people and respect Tibetan culture and traditions, + and are subject to effective monitoring. + (2) Programs for tibetan communities.--(A) Notwithstanding any + other provision of law, of the funds appropriated by this Act under + the heading ``Economic Support Fund'', not less than $8,000,000 + shall be made available to nongovernmental organizations to support + activities which preserve cultural traditions and promote + sustainable development, education, and environmental conservation + in Tibetan communities in the Tibet Autonomous Region and in other + Tibetan communities in China. + (B) Of the funds appropriated by this Act under the heading + ``Economic Support Fund'', not less than $6,000,000 shall be made + available for programs to promote and preserve Tibetan culture and + language in the refugee and diaspora Tibetan communities, + development, and the resilience of Tibetan communities and the + Central Tibetan Administration in India and Nepal, and to assist in + the education and development of the next generation of Tibetan + leaders from such communities: Provided, That such funds are in + addition to amounts made available in subparagraph (A) for programs + inside Tibet. + (C) Of the funds appropriated by this Act under the heading + ``Economic Support Fund'', not less than $3,000,000 shall be made + available for programs to strengthen the capacity of the Central + Tibetan Administration: Provided, That such funds shall be + administered by the United States Agency for International + Development. + (i) Vietnam.--Of the funds appropriated under titles III and IV of +this Act, not less than $159,634,000 shall be made available for +assistance for Vietnam, of which not less than-- + (1) $13,000,000 shall be made available for health and + disability programs in areas sprayed with Agent Orange and + contaminated with dioxin, to assist individuals with severe upper + or lower body mobility impairment or cognitive or developmental + disabilities; + (2) $20,000,000 shall be made available, notwithstanding any + other provision of law, for activities related to the remediation + of dioxin contaminated sites in Vietnam and may be made available + for assistance for the Government of Vietnam, including the + military, for such purposes; and + (3) $1,500,000 shall be made available for a war legacy + reconciliation program. + + south and central asia + + Sec. 7044. (a) Afghanistan.-- + (1) Funding and limitations.--Funds appropriated by this Act + under the headings ``Economic Support Fund'' and ``International + Narcotics Control and Law Enforcement'' that are made available for + assistance for Afghanistan-- + (A) shall be made available to implement the South Asia + Strategy, the Revised Strategy for United States Engagement in + Afghanistan, and the United States Agency for International + Development Country Development Cooperation Strategy for + Afghanistan; + (B) shall be made available to continue support for + institutions of higher education in Kabul, Afghanistan that are + accessible to both women and men in a coeducational + environment, including for the costs for operations and + security for such institutions; + (C) shall be made available for programs that protect and + strengthen the rights of Afghan women and girls and promote the + political and economic empowerment of women including their + meaningful inclusion in political processes: Provided, That + such assistance to promote the economic empowerment of women + shall be made available as grants to Afghan organizations, to + the maximum extent practicable; and + (D) may not be made available for any program, project, or + activity pursuant to section 7044(a)(1)(C) of the Department of + State, Foreign Operations, and Related Programs Appropriations + Act, 2019 (division F of Public Law 116-6). + (2) Afghan women.-- + (A) In general.--The Secretary of State shall promote the + meaningful participation of Afghan women in ongoing peace and + reconciliation processes in Afghanistan in a manner consistent + with the Women, Peace, and Security Act of 2017 (Public Law + 115-68), including advocacy for the inclusion of Afghan women + leaders in ongoing and future dialogue and negotiations and + efforts to ensure that any peace agreement reached with the + Taliban protects the rights of women and girls and ensures + their freedom of movement, rights to education and work, and + access to healthcare and legal representation. + (B) Assistance.--Funds appropriated by this Act and prior + Acts making appropriations for the Department of State, foreign + operations, and related programs under the heading ``Economic + Support Fund'' shall be made available for an endowment + pursuant to paragraph (3)(A)(iv) of this subsection for an + institution of higher education in Kabul, Afghanistan that is + accessible to both women and men in a coeducational + environment: Provided, That such endowment shall be + established in partnership with a United States-based American + higher education institution that will serve on its board of + trustees: Provided further, That prior to the obligation of + funds for such an endowment, the Administrator of the United + States Agency for International Development shall submit a + report to the Committees on Appropriations describing the + governance structure, including a proposed board of trustees, + and financial safeguards, including regular audit and reporting + requirements, in any endowment agreement: Provided further, + That the USAID Administrator shall provide a report on the + expenditure of funds generated from such an endowment to the + Committees on Appropriations on an annual basis. + (3) Authorities.-- + (A) Funds appropriated by this Act under titles III through + VI that are made available for assistance for Afghanistan may + be made available-- + (i) notwithstanding section 7012 of this Act or any + similar provision of law and section 660 of the Foreign + Assistance Act of 1961; + (ii) for reconciliation programs and disarmament, + demobilization, and reintegration activities for former + combatants who have renounced violence against the + Government of Afghanistan, including in accordance with + section 7046(a)(2)(B)(ii) of the Department of State, + Foreign Operations, and Related Programs Appropriations + Act, 2012 (division I of Public Law 112-74); + (iii) for an endowment to empower women and girls; and + (iv) for an endowment for higher education. + (B) Section 7046(a)(2)(A) of the Department of State, + Foreign Operations, and Related Programs Appropriations Act, + 2012 (division I of Public Law 112-74) shall apply to funds + appropriated by this Act for assistance for Afghanistan. + (C) Of the funds appropriated by this Act under the heading + ``Diplomatic Programs'', up to $3,000,000 may be transferred to + any other appropriation of any department or agency of the + United States Government, upon the concurrence of the head of + such department or agency, to support operations in, and + assistance for, Afghanistan and to carry out the provisions of + the Foreign Assistance Act of 1961: Provided, That any such + transfer shall be subject to the regular notification + procedures of the Committees on Appropriations. + (4) Agreement and certification.--Funds appropriated by this + Act shall be made available for the following purposes-- + (A) the submission to the appropriate congressional + committees by the President of a copy of any agreement or + arrangement between the Government of the United States and the + Taliban relating to the United States presence in Afghanistan + or Taliban commitments on the future of Afghanistan, which + shall be submitted not later than 30 days after finalizing such + an agreement or arrangement; and + (B) the submission to the appropriate congressional + committees of a joint certification by the Secretary of State + and Secretary of Defense that such agreement or arrangement + will further the objective of setting conditions for the long- + term defeat of al Qaeda and Islamic State and will not make the + United States more vulnerable to terrorist attacks originating + from Afghanistan or supported by terrorist elements in + Afghanistan. + (5) Basing rights agreement.--None of the funds made available + by this Act may be used by the United States Government to enter + into a permanent basing rights agreement between the United States + and Afghanistan. + (b) Bangladesh.--Of the funds appropriated under titles III and IV +of this Act, not less than $198,323,000 shall be made available for +assistance for Bangladesh, of which-- + (1) not less than $23,500,000 shall be made available to + address the needs of communities impacted by refugees from Burma; + (2) not less than $10,000,000 shall be made available for + programs to protect freedom of expression and due process of law; + and + (3) not less than $23,300,000 shall be made available for + democracy programs, of which not less than $2,000,000 shall be made + available for such programs for the Rohingya community in + Bangladesh. + (c) Nepal.-- + (1) Assistance.--Of the funds appropriated under titles III and + IV of this Act, not less than $130,265,000 shall be made available + for assistance for Nepal, including for earthquake recovery and + reconstruction programs and democracy programs. + (2) Foreign military financing program.--Funds appropriated by + this Act under the heading ``Foreign Military Financing Program'' + shall only be made available for humanitarian and disaster relief + and reconstruction activities in Nepal, and in support of + international peacekeeping operations: Provided, That such funds + may only be made available for any additional uses if the Secretary + of State certifies and reports to the Committees on Appropriations + that the Government of Nepal is investigating and prosecuting + violations of human rights and the laws of war, and the Nepal Army + is cooperating fully with civilian judicial authorities in such + cases. + (d) Pakistan.-- + (1) Terms and conditions.--The terms and conditions of section + 7044(c) of the Department of State, Foreign Operations, and Related + Programs Appropriations Act, 2019 (division F of Public Law 116-6) + shall continue in effect during fiscal year 2020. + (2) Assistance.--Of the funds appropriated under title III of + this Act that are made available for assistance for Pakistan, not + less than $15,000,000 shall be made available for democracy + programs and not less than $10,000,000 shall be made available for + gender programs. + (e) Sri Lanka.-- + (1) Assistance.--Funds appropriated under title III of this Act + shall be made available for assistance for Sri Lanka for democracy + and economic development programs, particularly in areas recovering + from ethnic and religious conflict: Provided, That such funds + shall be made available for programs to assist in the + identification and resolution of cases of missing persons. + (2) Certification.--Funds appropriated by this Act for + assistance for the central Government of Sri Lanka, except for + funds made available for humanitarian assistance, victims of + trauma, and technical assistance to promote fiscal transparency and + sovereignty, may be made available only if the Secretary of State + certifies and reports to the Committees on Appropriations that such + Government is taking effective and consistent steps to-- + (A) respect and uphold the rights and freedoms of the + people of Sri Lanka regardless of ethnicity and religious + belief, including by investigating violations of human rights + and holding perpetrators of such violations accountable; + (B) assert its sovereignty against interference by the + People's Republic of China; and + (C) promote reconciliation between ethnic and religious + groups arising from past conflict in Sri Lanka, including by + addressing land confiscation and ownership issues, resolving + cases of missing persons, and reducing the presence of the + armed forces in former conflict zones. + (3) International security assistance.--Of the funds + appropriated by this Act under the heading ``Foreign Military + Financing Program'', not to exceed $500,000 may be made available + for assistance for Sri Lanka: Provided, That such funds may be + made available only for programs to support humanitarian and + disaster response preparedness and maritime security, including + professionalization and training for the navy and coast guard: + Provided further, That funds made available under the heading + ``Peacekeeping Operations'' may only be made available subject to + the regular notification procedures of the Committees on + Appropriations. + (f) Regional Programs.--Funds appropriated by this Act shall be +made available for assistance for Afghanistan, Pakistan, and other +countries in South and Central Asia to significantly increase the +recruitment, training, and retention of women in the judiciary, police, +and other security forces, and to train judicial and security personnel +in such countries to prevent and address gender-based violence, human +trafficking, and other practices that disproportionately harm women and +girls. + + latin america and the caribbean + + Sec. 7045. (a) Central America.-- + (1) Assistance.-- + (A) Fiscal year 2020.--Of the funds appropriated by this + Act under titles III and IV, not less than $519,885,000 should + be made available for assistance for Belize, Costa Rica, El + Salvador, Guatemala, Honduras, Nicaragua, and Panama, including + through the Central America Regional Security Initiative: + Provided, That such assistance shall be prioritized for + programs and activities that addresses the key factors that + contribute to the migration of unaccompanied, undocumented + minors to the United States and such funds shall be made + available for global health, humanitarian, development, + democracy, border security, and law enforcement programs for + such countries, including for programs to reduce violence + against women and girls and to combat corruption, and for + support of commissions against corruption and impunity, as + appropriate: Provided further, That not less than $45,000,000 + shall be for support of offices of Attorneys General and of + other entities and activities to combat corruption and impunity + in such countries. + (B) Fiscal year 2019.--Of the funds appropriated under + titles III and IV of the Department of State, Foreign + Operations, and Related Programs Appropriations Act, 2019 + (division F of Public Law 116-6), not less than $527,600,000 + should be made available for assistance for Belize, Costa Rica, + El Salvador, Guatemala, Honduras, Nicaragua, and Panama, + including through the Central America Regional Security + Initiative: Provided, That such funds shall be made available + subject to the conditions in paragraph (2) of this subsection + and notwithstanding paragraphs (1) and (2) of section 7045(a) + of the Department of State, Foreign Operations, and Related + Programs Appropriations Act, 2019 (division F of Public Law + 116-6). + (2) Northern triangle.-- + (A) Limitation on assistance to certain central + governments.--Of the funds made available pursuant to paragraph + (1) under the heading ``Economic Support Fund'' and under title + IV of this Act that are made available for assistance for each + of the central governments of El Salvador, Guatemala, and + Honduras, 50 percent may only be obligated after the Secretary + of State certifies and reports to the appropriate congressional + committees that such government is-- + (i) combating corruption and impunity, including + prosecuting corrupt government officials; + (ii) implementing reforms, policies, and programs to + increase transparency and strengthen public institutions; + (iii) protecting the rights of civil society, + opposition political parties, and the independence of the + media; + (iv) providing effective and accountable law + enforcement and security for its citizens, and upholding + due process of law; + (v) implementing policies to reduce poverty and promote + equitable economic growth and opportunity; + (vi) supporting the independence of the judiciary and + of electoral institutions; + (vii) improving border security; + (viii) combating human smuggling and trafficking and + countering the activities of criminal gangs, drug + traffickers, and transnational criminal organizations; and + (ix) informing its citizens of the dangers of the + journey to the southwest border of the United States. + (B) Reprogramming.--If the Secretary is unable to make the + certification required by subparagraph (A) for one or more of + the governments, such assistance for such central government + shall be reprogrammed for assistance for other countries in + Latin America and the Caribbean, notwithstanding the minimum + funding requirements of this subsection and of section 7019 of + this Act: Provided, That any such reprogramming shall be + subject to the regular notification procedures of the + Committees on Appropriations. + (C) Exceptions.--The limitation of subparagraph (A) shall + not apply to funds appropriated by this Act that are made + available for-- + (i) the Mission to Support the Fight Against Corruption + and Impunity in Honduras, the International Commission + Against Impunity in El Salvador, and support of offices of + Attorneys General and of other entities and activities + related to combating corruption and impunity; + (ii) programs to combat gender-based violence; + (iii) humanitarian assistance; and + (iv) food security programs. + (b) Colombia.-- + (1) Assistance.--Of the funds appropriated by this Act under + titles III and IV, not less than $448,253,000 shall be made + available for assistance for Colombia: Provided, That such funds + shall be made available for the programs and activities described + under this section in the explanatory statement described in + section 4 (in the matter preceding division A of this consolidated + Act). + (2) Withholding of funds.-- + (A) Counternarcotics.--Of the funds appropriated by this + Act under the heading ``International Narcotics Control and Law + Enforcement'' and made available for assistance for Colombia, + 20 percent may be obligated only after the Secretary of State + certifies and reports to the Committees on Appropriations that + the Government of Colombia is continuing to implement a + national whole-of-government counternarcotics strategy intended + to reduce by 50 percent cocaine production and coca cultivation + levels in Colombia by 2023. + (B) Human rights.--Of the funds appropriated by this Act + under the heading ``Foreign Military Financing Program'' and + made available for assistance for Colombia, 20 percent may be + obligated only after the Secretary of State certifies and + reports to the Committees on Appropriations that-- + (i) the Special Jurisdiction for Peace and other + judicial authorities are taking effective steps to hold + accountable perpetrators of gross violations of human + rights in a manner consistent with international law, + including for command responsibility, and sentence them to + deprivation of liberty; + (ii) the Government of Colombia is taking effective + steps to prevent attacks against human rights defenders and + other civil society activists, trade unionists, and + journalists, and judicial authorities are prosecuting those + responsible for such attacks; and + (iii) senior military officers responsible for + ordering, committing, and covering up cases of false + positives are being held accountable, including removal + from active duty if found guilty through criminal or + disciplinary proceedings. + (3) Exceptions.--The limitations of paragraph (2) shall not + apply to funds made available for aviation instruction and + maintenance, and maritime and riverine security programs. + (4) Authority.--Aircraft supported by funds appropriated by + this Act and prior Acts making appropriations for the Department of + State, foreign operations, and related programs and made available + for assistance for Colombia may be used to transport personnel and + supplies involved in drug eradication and interdiction, including + security for such activities, and to provide transport in support + of alternative development programs and investigations by civilian + judicial authorities. + (5) Limitation.--None of the funds appropriated by this Act or + prior Acts making appropriations for the Department of State, + foreign operations, and related programs that are made available + for assistance for Colombia may be made available for payment of + reparations to conflict victims or compensation to demobilized + combatants associated with a peace agreement between the Government + of Colombia and illegal armed groups. + (c) Haiti.-- + (1) Certification.--Funds appropriated by this Act under the + heading ``Economic Support Fund'' that are made available for + assistance for Haiti may not be made available for assistance for + the central Government of Haiti unless the Secretary of State + certifies and reports to the Committees on Appropriations that such + government is taking effective steps, which are steps taken since + the certification and report submitted during the prior year, if + applicable, to-- + (A) strengthen the rule of law in Haiti, including by-- + (i) selecting judges in a transparent manner based on + merit; + (ii) reducing pre-trial detention; + (iii) respecting the independence of the judiciary; and + (iv) improving governance by implementing reforms to + increase transparency and accountability, including through + the penal and criminal codes; + (B) combat corruption, including by implementing the anti- + corruption law enacted in 2014 and prosecuting corrupt + officials; + (C) increase government revenues, including by implementing + tax reforms, and increasing expenditures on public services; + and + (D) resolve commercial disputes between United States + entities and the Government of Haiti. + (2) Haitian coast guard.--The Government of Haiti shall be + eligible to purchase defense articles and services under the Arms + Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard. + (3) Limitation.--None of the funds made available by this Act + may be used to provide assistance to the armed forces of Haiti. + (d) The Caribbean.--Of the funds appropriated by this Act under +titles III and IV, not less than $60,000,000 shall be made available +for the Caribbean Basin Security Initiative. + (e) Venezuela.-- + (1) Of the funds appropriated by this Act under the heading + ``Economic Support Fund'', not less than $30,000,000 shall be made + available for democracy programs for Venezuela. + (2) Funds appropriated under title III of this Act and prior + Acts making appropriations for the Department of State, foreign + operations, and related programs shall be made available for + assistance for communities in countries supporting or otherwise + impacted by refugees from Venezuela, including Colombia, Peru, + Ecuador, Curacao, and Trinidad and Tobago: Provided, That such + amounts are in addition to funds otherwise made available for + assistance for such countries, subject to prior consultation with, + and the regular notification procedures of, the Committees on + Appropriations. + + europe and eurasia + + Sec. 7046. (a) Assistance.-- + (1) Georgia.--Of the funds appropriated by this Act under + titles III and IV, not less than $132,025,000 shall be made + available for assistance for Georgia. + (2) Ukraine.--Of the funds appropriated by this Act under + titles III and IV, not less than $448,000,000 shall be made + available for assistance for Ukraine. + (b) Limitation.--None of the funds appropriated by this Act may be +made available for assistance for a government of an Independent State +of the former Soviet Union if such government directs any action in +violation of the territorial integrity or national sovereignty of any +other Independent State of the former Soviet Union, such as those +violations included in the Helsinki Final Act: Provided, That except +as otherwise provided in section 7047(a) of this Act, funds may be made +available without regard to the restriction in this subsection if the +President determines that to do so is in the national security interest +of the United States: Provided further, That prior to executing the +authority contained in the previous proviso, the Secretary of State +shall consult with the Committees on Appropriations on how such +assistance supports the national security interest of the United +States. + (c) Section 907 of the Freedom Support Act.--Section 907 of the +FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to-- + (1) activities to support democracy or assistance under title V + of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and section + 1424 of the Defense Against Weapons of Mass Destruction Act of 1996 + (50 U.S.C. 2333) or non-proliferation assistance; + (2) any assistance provided by the Trade and Development Agency + under section 661 of the Foreign Assistance Act of 1961; + (3) any activity carried out by a member of the United States + and Foreign Commercial Service while acting within his or her + official capacity; + (4) any insurance, reinsurance, guarantee, or other assistance + provided by the United States International Development Finance + Corporation as authorized by the BUILD Act of 2018 (division F of + Public Law 115-254); + (5) any financing provided under the Export-Import Bank Act of + 1945 (Public Law 79-173); or + (6) humanitarian assistance. + (d) Turkey.--None of the funds made available by this Act may be +used to facilitate or support the sale of defense articles or defense +services to the Turkish Presidential Protection Directorate (TPPD) +under Chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) +unless the Secretary of State determines and reports to the appropriate +congressional committees that members of the TPPD that are named in the +July 17, 2017, indictment by the Superior Court of the District of +Columbia, and against whom there are pending charges, have returned to +the United States to stand trial in connection with the offenses +contained in such indictment or have otherwise been brought to justice: + Provided, That the limitation in this paragraph shall not apply to the +use of funds made available by this Act for border security purposes, +for North Atlantic Treaty Organization or coalition operations, or to +enhance the protection of United States officials and facilities in +Turkey. + + countering russian influence and aggression + + Sec. 7047. (a) Limitation.--None of the funds appropriated by this +Act may be made available for assistance for the central Government of +the Russian Federation. + (b) Annexation of Crimea.-- + (1) Prohibition.--None of the funds appropriated by this Act + may be made available for assistance for the central government of + a country that the Secretary of State determines and reports to the + Committees on Appropriations has taken affirmative steps intended + to support or be supportive of the Russian Federation annexation of + Crimea or other territory in Ukraine: Provided, That except as + otherwise provided in subsection (a), the Secretary may waive the + restriction on assistance required by this paragraph if the + Secretary determines and reports to such Committees that to do so + is in the national interest of the United States, and includes a + justification for such interest. + (2) Limitation.--None of the funds appropriated by this Act may + be made available for-- + (A) the implementation of any action or policy that + recognizes the sovereignty of the Russian Federation over + Crimea or other territory in Ukraine; + (B) the facilitation, financing, or guarantee of United + States Government investments in Crimea or other territory in + Ukraine under the control of Russian-backed separatists, if + such activity includes the participation of Russian Government + officials, or other Russian owned or controlled financial + entities; or + (C) assistance for Crimea or other territory in Ukraine + under the control of Russian-backed separatists, if such + assistance includes the participation of Russian Government + officials, or other Russian owned or controlled financial + entities. + (3) International financial institutions.--The Secretary of the + Treasury shall instruct the United States executive directors of + each international financial institution to use the voice and vote + of the United States to oppose any assistance by such institution + (including any loan, credit, or guarantee) for any program that + violates the sovereignty or territorial integrity of Ukraine. + (4) Duration.--The requirements and limitations of this + subsection shall cease to be in effect if the Secretary of State + determines and reports to the Committees on Appropriations that the + Government of Ukraine has reestablished sovereignty over Crimea and + other territory in Ukraine under the control of Russian-backed + separatists. + (c) Occupation of the Georgian Territories of Abkhazia and +Tskhinvali Region/South Ossetia.-- + (1) Prohibition.--None of the funds appropriated by this Act + may be made available for assistance for the central government of + a country that the Secretary of State determines and reports to the + Committees on Appropriations has recognized the independence of, or + has established diplomatic relations with, the Russian Federation + occupied Georgian territories of Abkhazia and Tskhinvali Region/ + South Ossetia: Provided, That the Secretary shall publish on the + Department of State website a list of any such central governments + in a timely manner: Provided further, That the Secretary may waive + the restriction on assistance required by this paragraph if the + Secretary determines and reports to the Committees on + Appropriations that to do so is in the national interest of the + United States, and includes a justification for such interest. + (2) Limitation.--None of the funds appropriated by this Act may + be made available to support the Russian Federation occupation of + the Georgian territories of Abkhazia and Tskhinvali Region/South + Ossetia. + (3) International financial institutions.--The Secretary of the + Treasury shall instruct the United States executive directors of + each international financial institution to use the voice and vote + of the United States to oppose any assistance by such institution + (including any loan, credit, or guarantee) for any program that + violates the sovereignty and territorial integrity of Georgia. + (d) Countering Russian Influence Fund.-- + (1) Assistance.--Of the funds appropriated by this Act under + the headings ``Assistance for Europe, Eurasia and Central Asia'', + ``International Narcotics Control and Law Enforcement'', + ``International Military Education and Training'', and ``Foreign + Military Financing Program'', not less than $290,000,000 shall be + made available to carry out the purposes of the Countering Russian + Influence Fund, as authorized by section 254 of the Countering + Russian Influence in Europe and Eurasia Act of 2017 (Public Law + 115-44; 22 U.S.C. 9543) and notwithstanding the country limitation + in subsection (b) of such section, and programs to enhance the + capacity of law enforcement and security forces in countries in + Europe, Eurasia, and Central Asia and strengthen security + cooperation between such countries and the United States and the + North Atlantic Treaty Organization, as appropriate. + (2) Economics and trade.--Funds appropriated by this Act and + made available for assistance for the Eastern Partnership countries + shall be made available to advance the implementation of + Association Agreements and trade agreements with the European + Union, and to reduce their vulnerability to external economic and + political pressure from the Russian Federation. + (e) Democracy Programs.--Funds appropriated by this Act shall be +made available to support democracy programs in the Russian Federation +and other countries in Europe, Eurasia, and Central Asia, including to +promote Internet freedom: Provided, That not later than 90 days after +enactment of this Act, the Secretary of State, in consultation with the +Administrator of the United States Agency for International +Development, shall submit to the appropriate congressional committees a +comprehensive, multiyear strategy for the promotion of democracy in +such countries. + + united nations + + Sec. 7048. (a) Transparency and Accountability.-- + (1) Withholding of funds.--Of the funds appropriated under the + heading ``Contributions to International Organizations'' in title I + and ``International Organizations and Programs'' in title V of this + Act that are available for contributions to the United Nations + (including the Department of Peacekeeping Operations), any United + Nations agency, or the Organization of American States, 15 percent + may not be obligated for such organization, department, or agency + until the Secretary of State determines and reports to the + Committees on Appropriations that the organization, department, or + agency is-- + (A) posting on a publicly available website, consistent + with privacy regulations and due process, regular financial and + programmatic audits of such organization, department, or + agency, and providing the United States Government with + necessary access to such financial and performance audits; + (B) effectively implementing and enforcing policies and + procedures which meet or exceed best practices in the United + States for the protection of whistleblowers from retaliation, + including-- + (i) protection against retaliation for internal and + lawful public disclosures; + (ii) legal burdens of proof; + (iii) statutes of limitation for reporting retaliation; + (iv) access to binding independent adjudicative bodies, + including shared cost and selection external arbitration; + and + (v) results that eliminate the effects of proven + retaliation, including provision for the restoration of + prior employment; and + (C) effectively implementing and enforcing policies and + procedures on the appropriate use of travel funds, including + restrictions on first class and business class travel. + (2) Waiver.--The restrictions imposed by or pursuant to + paragraph (1) may be waived on a case- by-case basis if the + Secretary of State determines and reports to the Committees on + Appropriations that such waiver is necessary to avert or respond to + a humanitarian crisis. + (b) Restrictions on United Nations Delegations and Organizations.-- + (1) Restrictions on united states delegations.--None of the + funds made available by this Act may be used to pay expenses for + any United States delegation to any specialized agency, body, or + commission of the United Nations if such agency, body, or + commission is chaired or presided over by a country, the government + of which the Secretary of State has determined, for purposes of + section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C. + 4813(c)), supports international terrorism. + (2) Restrictions on contributions.--None of the funds made + available by this Act may be used by the Secretary of State as a + contribution to any organization, agency, commission, or program + within the United Nations system if such organization, agency, + commission, or program is chaired or presided over by a country the + government of which the Secretary of State has determined, for + purposes of section 620A of the Foreign Assistance Act of 1961, + section 40 of the Arms Export Control Act, section 1754(c) of the + Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or any other + provision of law, is a government that has repeatedly provided + support for acts of international terrorism. + (3) Waiver.--The Secretary of State may waive the restriction + in this subsection if the Secretary determines and reports to the + Committees on Appropriations that to do so is important to the + national interest of the United States, including a description of + the national interest served. + (c) United Nations Human Rights Council.--None of the funds +appropriated by this Act may be made available in support of the United +Nations Human Rights Council unless the Secretary of State determines +and reports to the Committees on Appropriations that participation in +the Council is important to the national interest of the United States +and that such Council is taking significant steps to remove Israel as a +permanent agenda item and ensure integrity in the election of members +to such Council: Provided, That such report shall include a +description of the national interest served and the steps taken to +remove Israel as a permanent agenda item and ensure integrity in the +election of members to such Council: Provided further, That the +Secretary of State shall report to the Committees on Appropriations not +later than September 30, 2020, on the resolutions considered in the +United Nations Human Rights Council during the previous 12 months, and +on steps taken to remove Israel as a permanent agenda item and ensure +integrity in the election of members to such Council. + (d) United Nations Relief and Works Agency.--Prior to the initial +obligation of funds for the United Nations Relief and Works Agency +(UNRWA), the Secretary of State shall report to the Committees on +Appropriations, in writing, on whether UNRWA is-- + (1) utilizing Operations Support Officers in the West Bank, + Gaza, and other fields of operation to inspect UNRWA installations + and reporting any inappropriate use; + (2) acting promptly to address any staff or beneficiary + violation of its own policies (including the policies on neutrality + and impartiality of employees) and the legal requirements under + section 301(c) of the Foreign Assistance Act of 1961; + (3) implementing procedures to maintain the neutrality of its + facilities, including implementing a no-weapons policy, and + conducting regular inspections of its installations, to ensure they + are only used for humanitarian or other appropriate purposes; + (4) taking necessary and appropriate measures to ensure it is + operating in compliance with the conditions of section 301(c) of + the Foreign Assistance Act of 1961 and continuing regular reporting + to the Department of State on actions it has taken to ensure + conformance with such conditions; + (5) taking steps to ensure the content of all educational + materials currently taught in UNRWA-administered schools and summer + camps is consistent with the values of human rights, dignity, and + tolerance and does not induce incitement; + (6) not engaging in operations with financial institutions or + related entities in violation of relevant United States law, and is + taking steps to improve the financial transparency of the + organization; and + (7) in compliance with the United Nations Board of Auditors' + biennial audit requirements and is implementing in a timely fashion + the Board's recommendations. + (e) Prohibition of Payments to United Nations Members.--None of the +funds appropriated or made available pursuant to titles III through VI +of this Act for carrying out the Foreign Assistance Act of 1961, may be +used to pay in whole or in part any assessments, arrearages, or dues of +any member of the United Nations or, from funds appropriated by this +Act to carry out chapter 1 of part I of the Foreign Assistance Act of +1961, the costs for participation of another country's delegation at +international conferences held under the auspices of multilateral or +international organizations. + (f) Report.--Not later than 45 days after enactment of this Act, +the Secretary of State shall submit a report to the Committees on +Appropriations detailing the amount of funds available for obligation +or expenditure in fiscal year 2020 for contributions to any +organization, department, agency, or program within the United Nations +system or any international program that are withheld from obligation +or expenditure due to any provision of law: Provided, That the +Secretary shall update such report each time additional funds are +withheld by operation of any provision of law: Provided further, That +the reprogramming of any withheld funds identified in such report, +including updates thereof, shall be subject to prior consultation with, +and the regular notification procedures of, the Committees on +Appropriations. + (g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The +Secretary of State should withhold assistance to any unit of the +security forces of a foreign country if the Secretary has credible +information that such unit has engaged in sexual exploitation or abuse, +including while serving in a United Nations peacekeeping operation, +until the Secretary determines that the government of such country is +taking effective steps to hold the responsible members of such unit +accountable and to prevent future incidents: Provided, That the +Secretary shall promptly notify the government of each country subject +to any withholding of assistance pursuant to this paragraph, and shall +notify the appropriate congressional committees of such withholding not +later than 10 days after a determination to withhold such assistance is +made: Provided further, That the Secretary shall, to the maximum +extent practicable, assist such government in bringing the responsible +members of such unit to justice. + (h) Additional Availability.--Subject to the regular notification +procedures of the Committees on Appropriations, funds appropriated by +this Act which are returned or not made available due to the +implementation of subsection (a), the third proviso under the heading +``Contributions for International Peacekeeping Activities'' in title I +of this Act, or section 307(a) of the Foreign Assistance Act of 1961 +(22 U.S.C. 2227(a)), shall remain available for obligation until +September 30, 2021: Provided, That the requirement to withhold funds +for programs in Burma under section 307(a) of the Foreign Assistance +Act of 1961 shall not apply to funds appropriated by this Act. + (i) National Security Interest Withholding.-- + (1) Withholding.--The Secretary of State shall withhold 5 + percent of the funds appropriated by this Act under the heading + ``Contributions to International Organizations'' for a specialized + agency or other entity of the United Nations if the Secretary, in + consultation with the United States Ambassador to the United + Nations, determines and reports to the Committees on Appropriations + that such agency or entity has taken an official action that is + against the national security interest of the United States or an + ally of the United States, including Israel. + (2) Release of funds.--The Secretary of State, in consultation + with the United States Ambassador to the United Nations, may + release funds withheld pursuant to paragraph (1) if the Secretary + determines and reports to the Committees on Appropriations that + such agency or entity is taking steps to address the action that + resulted in the withholding of such funds. + (3) Reprogramming.--Should the Secretary of State be unable to + make a determination pursuant to paragraph (2) regarding the + release of withheld funds, such funds may be reprogrammed for other + purposes under the heading ``Contributions to International + Organizations''. + (4) Waiver.--The Secretary of State, following consultation + with the Committees on Appropriations, may waive the requirements + of this subsection if the Secretary determines that to do so in the + national interest. + + war crimes tribunals + + Sec. 7049. (a) If the President determines that doing so will +contribute to a just resolution of charges regarding genocide or other +violations of international humanitarian law, the President may direct +a drawdown pursuant to section 552(c) of the Foreign Assistance Act of +1961 of up to $30,000,000 of commodities and services for the United +Nations War Crimes Tribunal established with regard to the former +Yugoslavia by the United Nations Security Council or such other +tribunals or commissions as the Council may establish or authorize to +deal with such violations, without regard to the ceiling limitation +contained in paragraph (2) thereof: Provided, That the determination +required under this section shall be in lieu of any determinations +otherwise required under section 552(c): Provided further, That funds +made available pursuant to this section shall be made available subject +to the regular notification procedures of the Committees on +Appropriations. + (b) None of the funds appropriated by this Act may be made +available for a United States contribution to the International +Criminal Court: Provided, That funds may be made available for +technical assistance, training, assistance for victims, protection of +witnesses, and law enforcement support related to international +investigations, apprehensions, prosecutions, and adjudications of +genocide, crimes against humanity, and war crimes: Provided further, +That the previous proviso shall not apply to investigations, +apprehensions, or prosecutions of American service members and other +United States citizens or nationals, or nationals of the North Atlantic +Treaty Organization (NATO) or major non-NATO allies initially +designated pursuant to section 517(b) of the Foreign Assistance Act of +1961. + + global internet freedom + + Sec. 7050. (a) Funding.--Of the funds available for obligation +during fiscal year 2020 under the headings ``International Broadcasting +Operations'', ``Economic Support Fund'', ``Democracy Fund'', and +``Assistance for Europe, Eurasia and Central Asia'', not less than +$65,500,000 shall be made available for programs to promote Internet +freedom globally: Provided, That such programs shall be prioritized +for countries whose governments restrict freedom of expression on the +Internet, and that are important to the national interest of the United +States: Provided further, That funds made available pursuant to this +section shall be matched, to the maximum extent practicable, by sources +other than the United States Government, including from the private +sector. + (b) Requirements.-- + (1) Department of state and united states agency for + international development.--Funds appropriated by this Act under + the headings ``Economic Support Fund'', ``Democracy Fund'', and + ``Assistance for Europe, Eurasia and Central Asia'' that are made + available pursuant to subsection (a) shall be-- + (A) coordinated with other democracy programs funded by + this Act under such headings, and shall be incorporated into + country assistance and democracy promotion strategies, as + appropriate; + (B) for programs to implement the May 2011, International + Strategy for Cyberspace, the Department of State International + Cyberspace Policy Strategy required by section 402 of the + Cybersecurity Act of 2015 (division N of Public Law 114-113), + and the comprehensive strategy to promote Internet freedom and + access to information in Iran, as required by section 414 of + the Iran Threat Reduction and Syria Human Rights Act of 2012 + (22 U.S.C. 8754); + (C) made available for programs that support the efforts of + civil society to counter the development of repressive + Internet-related laws and regulations, including countering + threats to Internet freedom at international organizations; to + combat violence against bloggers and other users; and to + enhance digital security training and capacity building for + democracy activists; + (D) made available for research of key threats to Internet + freedom; the continued development of technologies that provide + or enhance access to the Internet, including circumvention + tools that bypass Internet blocking, filtering, and other + censorship techniques used by authoritarian governments; and + maintenance of the technological advantage of the United States + Government over such censorship techniques: Provided, That the + Secretary of State, in consultation with the Chief Executive + Officer (CEO) of the United States Agency for Global Media + (USAGM), shall coordinate any such research and development + programs with other relevant United States Government + departments and agencies in order to share information, + technologies, and best practices, and to assess the + effectiveness of such technologies; and + (E) made available only after the Assistant Secretary for + Democracy, Human Rights, and Labor, Department of State, + concurs that such funds are allocated consistent with-- + (i) the strategies referenced in subparagraph (B) of + this paragraph; + (ii) best practices regarding security for, and + oversight of, Internet freedom programs; and + (iii) sufficient resources and support for the + development and maintenance of anti-censorship technology + and tools. + (2) United states agency for global media.--Funds appropriated + by this Act under the heading ``International Broadcasting + Operations'' that are made available pursuant to subsection (a) + shall be-- + (A) made available only for tools and techniques to + securely develop and distribute USAGM digital content, + facilitate audience access to such content on websites that are + censored, coordinate the distribution of USAGM digital content + to targeted regional audiences, and to promote and distribute + such tools and techniques, including digital security + techniques; + (B) coordinated with programs funded by this Act under the + heading ``International Broadcasting Operations'', and shall be + incorporated into country broadcasting strategies, as + appropriate; + (C) coordinated by the USAGM CEO to provide Internet + circumvention tools and techniques for audiences in countries + that are strategic priorities for the USAGM and in a manner + consistent with the USAGM Internet freedom strategy; and + (D) made available for the research and development of new + tools or techniques authorized in subparagraph (A) only after + the USAGM CEO, in consultation with the Secretary of State and + other relevant United States Government departments and + agencies, evaluates the risks and benefits of such new tools or + techniques, and establishes safeguards to minimize the use of + such new tools or techniques for illicit purposes. + (c) Coordination and Spend Plans.--After consultation among the +relevant agency heads to coordinate and de-conflict planned activities, +but not later than 90 days after enactment of this Act, the Secretary +of State and the USAGM CEO shall submit to the Committees on +Appropriations spend plans for funds made available by this Act for +programs to promote Internet freedom globally, which shall include a +description of safeguards established by relevant agencies to ensure +that such programs are not used for illicit purposes: Provided, That +the Department of State spend plan shall include funding for all such +programs for all relevant Department of State and the United States +Agency for International Development offices and bureaus. + (d) Security Audits.--Funds made available pursuant to this section +to promote Internet freedom globally may only be made available to +support technologies that undergo comprehensive security audits +conducted by the Bureau of Democracy, Human Rights, and Labor, +Department of State to ensure that such technology is secure and has +not been compromised in a manner detrimental to the interest of the +United States or to individuals and organizations benefiting from +programs supported by such funds: Provided, That the security auditing +procedures used by such Bureau shall be reviewed and updated +periodically to reflect current industry security standards. + (e) Surge.--Of the funds appropriated by this Act under the heading +``Economic Support Fund'', up to $2,500,000 may be made available to +surge Internet freedom programs in closed societies if the Secretary of +State determines and reports to the appropriate congressional +committees that such use of funds is in the national interest: +Provided, That such funds are in addition to amounts made available for +such purposes: Provided further, That such funds may be transferred +to, and merged with, funds appropriated by this Act under the heading +``International Broadcasting Operations'' following consultation with, +and the regular notification procedures of, the Committees on +Appropriations. + + torture and other cruel, inhuman, or degrading treatment or punishment + + Sec. 7051. (a) Limitation.--None of the funds made available by +this Act may be used to support or justify the use of torture and other +cruel, inhuman, or degrading treatment or punishment by any official or +contract employee of the United States Government. + (b) Assistance.--Funds appropriated under titles III and IV of this +Act shall be made available, notwithstanding section 660 of the Foreign +Assistance Act of 1961 and following consultation with the Committees +on Appropriations, for assistance to eliminate torture and other cruel, +inhuman, or degrading treatment or punishment by foreign police, +military or other security forces in countries receiving assistance +from funds appropriated by this Act. + + aircraft transfer, coordination, and use + + Sec. 7052. (a) Transfer Authority.--Notwithstanding any other +provision of law or regulation, aircraft procured with funds +appropriated by this Act and prior Acts making appropriations for the +Department of State, foreign operations, and related programs under the +headings ``Diplomatic Programs'', ``International Narcotics Control and +Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean +Counterdrug Programs'' may be used for any other program and in any +region. + (b) Property Disposal.--The authority provided in subsection (a) +shall apply only after the Secretary of State determines and reports to +the Committees on Appropriations that the equipment is no longer +required to meet programmatic purposes in the designated country or +region: Provided, That any such transfer shall be subject to prior +consultation with, and the regular notification procedures of, the +Committees on Appropriations. + (c) Aircraft Coordination.-- + (1) Authority.--The uses of aircraft purchased or leased by the + Department of State and the United States Agency for International + Development with funds made available in this Act or prior Acts + making appropriations for the Department of State, foreign + operations, and related programs shall be coordinated under the + authority of the appropriate Chief of Mission: Provided, That + notwithstanding section 7063(b) of this Act, such aircraft may be + used to transport, on a reimbursable or non-reimbursable basis, + Federal and non-Federal personnel supporting Department of State + and USAID programs and activities: Provided further, That official + travel for other agencies for other purposes may be supported on a + reimbursable basis, or without reimbursement when traveling on a + space available basis: Provided further, That funds received by + the Department of State in connection with the use of aircraft + owned, leased, or chartered by the Department of State may be + credited to the Working Capital Fund of the Department and shall be + available for expenses related to the purchase, lease, maintenance, + chartering, or operation of such aircraft. + (2) Scope.--The requirement and authorities of this subsection + shall only apply to aircraft, the primary purpose of which is the + transportation of personnel. + (d) Aircraft Operations and Maintenance.--To the maximum extent +practicable, the costs of operations and maintenance, including fuel, +of aircraft funded by this Act shall be borne by the recipient country. + + parking fines and real property taxes owed by foreign governments + + Sec. 7053. The terms and conditions of section 7055 of the +Department of State, Foreign Operations, and Related Programs +Appropriations Act, 2010 (division F of Public Law 111-117) shall apply +to this Act: Provided, That the date ``September 30, 2009'' in +subsection (f)(2)(B) of such section shall be deemed to be ``September +30, 2019''. + + international monetary fund + + Sec. 7054. (a) Extensions.--The terms and conditions of sections +7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign +Operations, and Related Programs Appropriations Act, 2010 (division F +of Public Law 111-117) shall apply to this Act. + (b) Repayment.--The Secretary of the Treasury shall instruct the +United States Executive Director of the International Monetary Fund +(IMF) to seek to ensure that any loan will be repaid to the IMF before +other private or multilateral creditors. + + extradition + + Sec. 7055. (a) Limitation.--None of the funds appropriated in this +Act may be used to provide assistance (other than funds provided under +the headings ``International Disaster Assistance'', ``Complex Crises +Fund'', ``International Narcotics Control and Law Enforcement'', +``Migration and Refugee Assistance'', ``United States Emergency Refugee +and Migration Assistance Fund'', and ``Nonproliferation, Anti- +terrorism, Demining and Related Assistance'') for the central +government of a country which has notified the Department of State of +its refusal to extradite to the United States any individual indicted +for a criminal offense for which the maximum penalty is life +imprisonment without the possibility of parole or for killing a law +enforcement officer, as specified in a United States extradition +request. + (b) Clarification.--Subsection (a) shall only apply to the central +government of a country with which the United States maintains +diplomatic relations and with which the United States has an +extradition treaty and the government of that country is in violation +of the terms and conditions of the treaty. + (c) Waiver.--The Secretary of State may waive the restriction in +subsection (a) on a case-by-case basis if the Secretary certifies to +the Committees on Appropriations that such waiver is important to the +national interest of the United States. + + impact on jobs in the united states + + Sec. 7056. None of the funds appropriated or otherwise made +available under titles III through VI of this Act may be obligated or +expended to provide-- + (1) any financial incentive to a business enterprise currently + located in the United States for the purpose of inducing such an + enterprise to relocate outside the United States if such incentive + or inducement is likely to reduce the number of employees of such + business enterprise in the United States because United States + production is being replaced by such enterprise outside the United + States; + (2) assistance for any program, project, or activity that + contributes to the violation of internationally recognized workers' + rights, as defined in section 507(4) of the Trade Act of 1974, of + workers in the recipient country, including any designated zone or + area in that country: Provided, That the application of section + 507(4)(D) and (E) of such Act (19 U.S.C. 2467(4)(D) and (E)) should + be commensurate with the level of development of the recipient + country and sector, and shall not preclude assistance for the + informal sector in such country, micro and small-scale enterprise, + and smallholder agriculture; + (3) any assistance to an entity outside the United States if + such assistance is for the purpose of directly relocating or + transferring jobs from the United States to other countries and + adversely impacts the labor force in the United States; or + (4) for the enforcement of any rule, regulation, policy, or + guidelines implemented pursuant to the Supplemental Guidelines for + High Carbon Intensity Projects approved by the Export-Import Bank + of the United States on December 12, 2013, when enforcement of such + rule, regulation, policy, or guidelines would prohibit, or have the + effect of prohibiting, any coal-fired or other power-generation + project the purpose of which is to-- + (A) provide affordable electricity in International + Development Association (IDA)-eligible countries and IDA-blend + countries; and + (B) increase exports of goods and services from the United + States or prevent the loss of jobs from the United States. + + united nations population fund + + Sec. 7057. (a) Contribution.--Of the funds made available under the +heading ``International Organizations and Programs'' in this Act for +fiscal year 2020, $32,500,000 shall be made available for the United +Nations Population Fund (UNFPA). + (b) Availability of Funds.--Funds appropriated by this Act for +UNFPA, that are not made available for UNFPA because of the operation +of any provision of law, shall be transferred to the ``Global Health +Programs'' account and shall be made available for family planning, +maternal, and reproductive health activities, subject to the regular +notification procedures of the Committees on Appropriations. + (c) Prohibition on Use of Funds in China.--None of the funds made +available by this Act may be used by UNFPA for a country program in the +People's Republic of China. + (d) Conditions on Availability of Funds.--Funds made available by +this Act for UNFPA may not be made available unless-- + (1) UNFPA maintains funds made available by this Act in an + account separate from other accounts of UNFPA and does not + commingle such funds with other sums; and + (2) UNFPA does not fund abortions. + (e) Report to Congress and Dollar-for-dollar Withholding of +Funds.-- + (1) Not later than 4 months after the date of enactment of this + Act, the Secretary of State shall submit a report to the Committees + on Appropriations indicating the amount of funds that UNFPA is + budgeting for the year in which the report is submitted for a + country program in the People's Republic of China. + (2) If a report under paragraph (1) indicates that UNFPA plans + to spend funds for a country program in the People's Republic of + China in the year covered by the report, then the amount of such + funds UNFPA plans to spend in the People's Republic of China shall + be deducted from the funds made available to UNFPA after March 1 + for obligation for the remainder of the fiscal year in which the + report is submitted. + + global health activities + + Sec. 7058. (a) In General.--Funds appropriated by titles III and IV +of this Act that are made available for bilateral assistance for child +survival activities or disease programs including activities relating +to research on, and the prevention, treatment and control of, HIV/AIDS +may be made available notwithstanding any other provision of law except +for provisions under the heading ``Global Health Programs'' and the +United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria +Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: +Provided, That of the funds appropriated under title III of this Act, +not less than $575,000,000 should be made available for family +planning/reproductive health, including in areas where population +growth threatens biodiversity or endangered species. + (b) Infectious Disease Outbreaks.-- + (1) Extraordinary measures.--If the Secretary of State + determines and reports to the Committees on Appropriations that an + international infectious disease outbreak is sustained, severe, and + is spreading internationally, or that it is in the national + interest to respond to a Public Health Emergency of International + Concern, funds appropriated by this Act under the headings ``Global + Health Programs'', ``Development Assistance'', ``International + Disaster Assistance'', ``Complex Crises Fund'', ``Economic Support + Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and + Central Asia'', ``Migration and Refugee Assistance'', and + ``Millennium Challenge Corporation'' may be made available to + combat such infectious disease or public health emergency, and may + be transferred to, and merged with, funds appropriated under such + headings for the purposes of this paragraph. + (2) Emergency reserve fund.--Up to $10,000,000 of the funds + made available under the heading ``Global Health Programs'' may be + made available for the Emergency Reserve Fund established pursuant + to section 7058(c)(1) of the Department of State, Foreign + Operations, and Related Programs Appropriations Act, 2017 (division + J of Public Law 115-31): Provided, That such funds shall be made + available under the same terms and conditions of such section. + (3) Ebola virus disease.--Funds appropriated by this Act and + prior Acts making appropriations for the Department of State, + foreign operations, and related programs under the heading + ``International Disaster Assistance'' that are made available to + respond to the Ebola virus disease outbreak in the Democratic + Republic of the Congo, including in countries affected by, or at + risk of being affected by, such outbreak, shall be the + responsibility of the Assistant Administrator for Democracy, + Conflict, and Humanitarian Assistance, USAID, or successor official + responsible for USAID Ebola response. + (4) Consultation and notification.--Funds made available by + this subsection shall be subject to prior consultation with the + appropriate congressional committees and the regular notification + procedures of the Committees on Appropriations. + + gender equality + + Sec. 7059. (a) Women's Empowerment.-- + (1) Gender equality.--Funds appropriated by this Act shall be + made available to promote gender equality in United States + Government diplomatic and development efforts by raising the + status, increasing the participation, and protecting the rights of + women and girls worldwide. + (2) Women's economic empowerment.--Funds appropriated by this + Act are available to implement the Women's Entrepreneurship and + Economic Empowerment Act of 2018 (Public Law 115-428): Provided, + That the Secretary of State and the Administrator of the United + States Agency for International Development, as appropriate, shall + consult with the Committees on Appropriations on the implementation + of such Act. + (3) Women's global development and prosperity fund.--Of the + funds appropriated under title III of this Act, up to $100,000,000 + may be made available for the Women's Global Development and + Prosperity Fund. + (b) Women's Leadership.--Of the funds appropriated by title III of +this Act, not less than $50,000,000 shall be made available for +programs specifically designed to increase leadership opportunities for +women in countries where women and girls suffer discrimination due to +law, policy, or practice, by strengthening protections for women's +political status, expanding women's participation in political parties +and elections, and increasing women's opportunities for leadership +positions in the public and private sectors at the local, provincial, +and national levels. + (c) Gender-Based Violence.-- + (1) Of the funds appropriated under titles III and IV of this + Act, not less than $165,000,000 shall be made available to + implement a multi-year strategy to prevent and respond to gender- + based violence in countries where it is common in conflict and non- + conflict settings. + (2) Funds appropriated under titles III and IV of this Act that + are available to train foreign police, judicial, and military + personnel, including for international peacekeeping operations, + shall address, where appropriate, prevention and response to + gender-based violence and trafficking in persons, and shall promote + the integration of women into the police and other security forces. + (d) Women, Peace, and Security.--Funds appropriated by this Act +under the headings ``Development Assistance'', ``Economic Support +Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and +``International Narcotics Control and Law Enforcement'' should be made +available to support a multi-year strategy to expand, and improve +coordination of, United States Government efforts to empower women as +equal partners in conflict prevention, peace building, transitional +processes, and reconstruction efforts in countries affected by conflict +or in political transition, and to ensure the equitable provision of +relief and recovery assistance to women and girls. + (e) Women and Girls at Risk From Extremism and Conflict.--Of the +funds appropriated by this Act under the heading ``Economic Support +Fund'', not less than $15,000,000 shall be made available to support +women and girls who are at risk from extremism and conflict, and for +the activities described in section 7059(e)(1) of the Department of +State, Foreign Operations, and Related Programs Appropriations Act, +2018 (division K of Public Law 115-141): Provided, That such funds are +in addition to amounts otherwise made available by this Act for such +purposes, and shall be made available following consultation with, and +the regular notification procedures of, the Committees on +Appropriations. + + sector allocations + + Sec. 7060. (a) Basic Education and Higher Education.-- + (1) Basic education.--(A) Of the funds appropriated under title + III of this Act, not less than $875,000,000 shall be made available + for assistance for basic education, and such funds may be made + available notwithstanding any other provision of law that restricts + assistance to foreign countries: Provided, That such funds shall + also be used for secondary education activities: Provided further, + That the Administrator of the United States Agency for + International Development, following consultation with the + Committees on Appropriations, may reprogram such funds between + countries: Provided further, That funds made available under the + headings ``Development Assistance'' and ``Economic Support Fund'' + for the support of non-state schools in this Act and prior Acts + making appropriations for the Department of State, foreign + operations, and related programs shall be subject to the regular + notification procedures of the Committees on Appropriations. + (B) Of the funds appropriated under title III of this Act + for assistance for basic education programs, not less than + $125,000,000 shall be made available for contributions to + multilateral partnerships that support education. + (2) Higher education.--Of the funds appropriated by title III + of this Act, not less than $235,000,000 shall be made available for + assistance for higher education: Provided, That such funds may be + made available notwithstanding any other provision of law that + restricts assistance to foreign countries, and shall be subject to + the regular notification procedures of the Committees on + Appropriations: Provided further, That of such amount, not less + than $35,000,000 shall be made available for new and ongoing + partnerships between higher education institutions in the United + States and developing countries focused on building the capacity of + higher education institutions and systems in developing countries: + Provided further, That not later than 45 days after enactment of + this Act, the USAID Administrator shall consult with the Committees + on Appropriations on the proposed uses of funds for such + partnerships. + (b) Development Programs.--Of the funds appropriated by this Act +under the heading ``Development Assistance'', not less than $17,000,000 +shall be made available for cooperative development programs of USAID +and not less than $30,000,000 shall be made available for the American +Schools and Hospitals Abroad program. + (c) Environment Programs.-- + (1)(A) Funds appropriated by this Act to carry out the + provisions of sections 103 through 106, and chapter 4 of part II, + of the Foreign Assistance Act of 1961 may be used, notwithstanding + any other provision of law, except for the provisions of this + subsection, to support environment programs. + (B) Funds made available pursuant to this subsection shall be + subject to the regular notification procedures of the Committees on + Appropriations. + (2)(A) Of the funds appropriated under title III of this Act, + not less than $315,000,000 shall be made available for biodiversity + conservation programs. + (B) Not less than $100,664,000 of the funds appropriated under + titles III and IV of this Act shall be made available to combat the + transnational threat of wildlife poaching and trafficking. + (C) None of the funds appropriated under title IV of this Act + may be made available for training or other assistance for any + military unit or personnel that the Secretary of State determines + has been credibly alleged to have participated in wildlife poaching + or trafficking, unless the Secretary reports to the appropriate + congressional committees that to do so is in the national security + interest of the United States. + (D) Funds appropriated by this Act for biodiversity programs + shall not be used to support the expansion of industrial scale + logging or any other industrial scale extractive activity into + areas that were primary/intact tropical forests as of December 30, + 2013, and the Secretary of the Treasury shall instruct the United + States executive directors of each international financial + institutions (IFI) to use the voice and vote of the United States + to oppose any financing of any such activity. + (3) The Secretary of the Treasury shall instruct the United + States executive director of each IFI that it is the policy of the + United States to use the voice and vote of the United States, in + relation to any loan, grant, strategy, or policy of such + institution, regarding the construction of any large dam consistent + with the criteria set forth in Senate Report 114-79, while also + considering whether the project involves important foreign policy + objectives. + (4) Of the funds appropriated under title III of this Act, not + less than $135,000,000 shall be made available for sustainable + landscapes programs. + (5) Of the funds appropriated under title III of this Act, not + less than $177,000,000 shall be made available for adaptation + programs. + (6) Of the funds appropriated under title III of this Act, not + less than $179,000,000 shall be made available for renewable energy + programs. + (d) Food Security and Agricultural Development.--Of the funds +appropriated by title III of this Act, not less than $1,005,600,000 +shall be made available for food security and agricultural development +programs to carry out the purposes of the Global Food Security Act of +2016 (Public Law 114-195): Provided, That funds may be made available +for a contribution as authorized by section 3202 of the Food, +Conservation, and Energy Act of 2008 (Public Law 110-246), as amended +by section 3310 of the Agriculture Improvement Act of 2018 (Public Law +115-334). + (e) Micro, Small, and Medium-Sized Enterprises.--Of the funds +appropriated by this Act, not less than $265,000,000 shall be made +available to support the development of, and access to financing for, +micro, small, and medium-sized enterprises that benefit the poor, +especially women. + (f) Programs To Combat Trafficking in Persons.--Of the funds +appropriated by this Act under the headings ``Development Assistance'', +``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central +Asia'', and ``International Narcotics Control and Law Enforcement'', +not less than $67,000,000 shall be made available for activities to +combat trafficking in persons internationally, of which not less than +$45,000,000 shall be from funds made available under the heading +``International Narcotics Control and Law Enforcement'': Provided, +That funds appropriated by this Act that are made available for +programs to end modern slavery shall be in addition to funds made +available by this subsection to combat trafficking in persons. + (g) Reconciliation Programs.--Of the funds appropriated by this Act +under the heading ``Development Assistance'', not less than $30,000,000 +shall be made available to support people-to-people reconciliation +programs which bring together individuals of different ethnic, +religious, and political backgrounds from areas of civil strife and +war, including between Israelis and Palestinians living in the West +Bank and Gaza: Provided, That the USAID Administrator shall consult +with the Committees on Appropriations, prior to the initial obligation +of funds, on the uses of such funds, and such funds shall be subject to +the regular notification procedures of the Committees on +Appropriations: Provided further, That to the maximum extent +practicable, such funds shall be matched by sources other than the +United States Government: Provided further, That such funds shall be +administered by the Office of Conflict Management and Mitigation, +USAID. + (h) Water and Sanitation.--Of the funds appropriated by this Act, +not less than $450,000,000 shall be made available for water supply and +sanitation projects pursuant to section 136 of the Foreign Assistance +Act of 1961, of which not less than $225,000,000 shall be for programs +in sub-Saharan Africa, and of which not less than $15,000,000 shall be +made available to support initiatives by local communities in +developing countries to build and maintain safe latrines. + + budget documents + + Sec. 7061. (a) Operating Plans.--Not later than 45 days after +enactment of this Act, each department, agency, or organization funded +in titles I, II, and VI of this Act, and the Department of the Treasury +and Independent Agencies funded in title III of this Act, including the +Inter-American Foundation and the United States African Development +Foundation, shall submit to the Committees on Appropriations an +operating plan for funds appropriated to such department, agency, or +organization in such titles of this Act, or funds otherwise available +for obligation in fiscal year 2020, that provides details of the uses +of such funds at the program, project, and activity level: Provided, +That such plans shall include, as applicable, a comparison between the +congressional budget justification funding levels, the most recent +congressional directives or approved funding levels, and the funding +levels proposed by the department or agency; and a clear, concise, and +informative description/justification: Provided further, That +operating plans that include changes in levels of funding for programs, +projects, and activities specified in the congressional budget +justification, in this Act, or amounts specifically designated in the +respective tables included in the explanatory statement described in +section 4 (in the matter preceding division A of this consolidated +Act), as applicable, shall be subject to the notification and +reprogramming requirements of section 7015 of this Act. + (b) Spend Plans.-- + (1) Not later than 90 days after enactment of this Act, the + Secretary of State or Administrator of the United States Agency for + International Development, as appropriate, shall submit to the + Committees on Appropriations a spend plan for funds made available + by this Act, for-- + (A) assistance for Afghanistan, Iraq, Lebanon, Pakistan, + Colombia, and countries in Central America; + (B) assistance made available pursuant to section 7047(d) + of this Act to counter Russian influence and aggression, except + that such plan shall be on a country-by-country basis; + (C) assistance made available pursuant to section 7059 of + this Act; + (D) the Indo-Pacific Strategy; + (E) democracy programs, Power Africa, and sectors + enumerated in subsections (a), (c), (d), (e), (f), (g) and (h) + of section 7060 of this Act; + (F) funds provided under the heading ``International + Narcotics Control and Law Enforcement'' for International + Organized Crime and for Cybercrime and Intellectual Property + Rights: Provided, That the spend plans shall include bilateral + and global programs funded under such heading along with a + brief description of the activities planned for each country; + and + (G) the regional security initiatives described under this + heading in Senate Report 116-126. + (2) Not later than 90 days after enactment of this Act, the + Secretary of the Treasury shall submit to the Committees on + Appropriations a detailed spend plan for funds made available by + this Act under the heading ``Department of the Treasury, + International Affairs Technical Assistance'' in title III. + (c) Spending Report.--Not later than 45 days after enactment of +this Act, the USAID Administrator shall submit to the Committees on +Appropriations a detailed report on spending of funds made available +during fiscal year 2019 under the heading ``Development Credit +Authority''. + (d) Clarification.--The spend plans referenced in subsection (b) +shall not be considered as meeting the notification requirements in +this Act or under section 634A of the Foreign Assistance Act of 1961. + (e) Congressional Budget Justification.-- + (1) Submission.--The congressional budget justification for + Department of State operations and foreign operations shall be + provided to the Committees on Appropriations concurrent with the + date of submission of the President's budget for fiscal year 2021: + Provided, That the appendices for such justification shall be + provided to the Committees on Appropriations not later than 10 + calendar days thereafter. + (2) Multi-year availability of certain funds.--The Secretary of + State and the USAID Administrator shall include in the + congressional budget justification a detailed justification for + multi-year availability for any funds requested under the headings + ``Diplomatic Programs'' and ``Operating Expenses''. + + reorganization + + Sec. 7062. (a) Oversight.-- + (1) Prior consultation and notification.--Funds appropriated by + this Act, prior Acts making appropriations for the Department of + State, foreign operations, and related programs, or any other Act + may not be used to implement a reorganization, redesign, or other + plan described in paragraph (2) by the Department of State, the + United States Agency for International Development, or any other + Federal department, agency, or organization funded by this Act + without prior consultation by the head of such department, agency, + or organization with the appropriate congressional committees: + Provided, That such funds shall be subject to the regular + notification procedures of the Committees on Appropriations: + Provided further, That any such notification submitted to such + Committees shall include a detailed justification for any proposed + action, including the information specified under section 7073 of + the joint explanatory statement accompanying the Department of + State, Foreign Operations, and Related Programs Appropriations Act, + 2019 (division F of Public Law 116-6): Provided further, That + congressional notifications submitted in prior fiscal years + pursuant to similar provisions of law in prior Acts making + appropriations for the Department of State, foreign operations, and + related programs may be deemed to meet the notification + requirements of this section. + (2) Description of activities.--Pursuant to paragraph (1), a + reorganization, redesign, or other plan shall include any action + to-- + (A) expand, eliminate, consolidate, or downsize covered + departments, agencies, or organizations, including bureaus and + offices within or between such departments, agencies, or + organizations, including the transfer to other agencies of the + authorities and responsibilities of such bureaus and offices; + (B) expand, eliminate, consolidate, or downsize the United + States official presence overseas, including at bilateral, + regional, and multilateral diplomatic facilities and other + platforms; or + (C) expand or reduce the size of the permanent Civil + Service, Foreign Service, eligible family member, and locally + employed staff workforce of the Department of State and USAID + from the levels specified in sections 7063(d)(1) and 7064(i)(1) + of this Act. + (b) Additional Requirements and Limitations.-- + (1) USAID reorganization.--Not later than 30 days after + enactment of this Act, and quarterly thereafter until September 30, + 2021, the USAID Administrator shall submit a report to the + appropriate congressional committees on the status of USAID's + reorganization in the manner described in House Report 116-78. + (2) Bureau of population, refugees, and migration, department + of state.--None of the funds appropriated by this Act, prior Acts + making appropriations for the Department of State, foreign + operations, and related programs, or any other Act may be used to + downsize, downgrade, consolidate, close, move, or relocate the + Bureau of Population, Refugees, and Migration, Department of State, + or any activities of such Bureau, to another Federal agency. + (3) Administration of funds.--Funds made available by this + Act-- + (A) under the heading ``Migration and Refugee Assistance'' + shall be administered by the Assistant Secretary for + Population, Refugees, and Migration, Department of State, and + this responsibility shall not be delegated; and + (B) that are made available for the Office of Global + Women's Issues shall be administered by the United States + Ambassador-at-Large for Global Women's Issues, Department of + State, and this responsibility shall not be delegated. + + department of state management + + Sec. 7063. (a) Financial Systems Improvement.--Funds appropriated +by this Act for the operations of the Department of State under the +headings ``Diplomatic Programs'' and ``Capital Investment Fund'' shall +be made available to implement the recommendations contained in the +Foreign Assistance Data Review Findings Report (FADR) and the Office of +Inspector General (OIG) report entitled ``Department Financial Systems +Are Insufficient to Track and Report on Foreign Assistance Funds'': +Provided, That not later than 45 days after enactment of this Act, the +Secretary of State shall submit to the Committees on Appropriations an +update to the plan required under section 7006 of the Department of +State, Foreign Operations, and Related Programs Appropriations Act, +2017 (division J of Public Law 115-31) for implementing the FADR and +OIG recommendations: Provided further, That such funds may not be +obligated for enhancements to, or expansions of, the Budget System +Modernization Financial System, Central Resource Management System, +Joint Financial Management System, or Foreign Assistance Coordination +and Tracking System until such updated plan is submitted to the +Committees on Appropriations: Provided further, That such funds may +not be obligated for new, or expansion of existing, ad hoc electronic +systems to track commitments, obligations, or expenditures of funds +unless the Secretary of State, following consultation with the Chief +Information Officer of the Department of State, has reviewed and +certified that such new system or expansion is consistent with the FADR +and OIG recommendations. + (b) Working Capital Fund.--Funds appropriated by this Act or +otherwise made available to the Department of State for payments to the +Working Capital Fund may only be used for the service centers included +in the Congressional Budget Justification, Department of State, Foreign +Operations, and Related Programs, Fiscal Year 2020: Provided, That the +amounts for such service centers shall be the amounts included in such +budget justification, except as provided in section 7015(b) of this +Act: Provided further, That Federal agency components shall be charged +only for their direct usage of each Working Capital Fund service: +Provided further, That prior to increasing the percentage charged to +Department of State bureaus and offices for procurement-related +activities, the Secretary of State shall include the proposed increase +in the Department of State budget justification or, at least 60 days +prior to the increase, provide the Committees on Appropriations a +justification for such increase, including a detailed assessment of the +cost and benefit of the services provided by the procurement fee: +Provided further, That Federal agency components may only pay for +Working Capital Fund services that are consistent with the purpose and +authorities of such components: Provided further, That the Working +Capital Fund shall be paid in advance or reimbursed at rates which will +return the full cost of each service. + (c) Certification.-- + (1) Compliance.--Not later than 45 days after the initial + obligation of funds appropriated under titles III and IV of this + Act that are made available to a Department of State bureau or + office with responsibility for the management and oversight of such + funds, the Secretary of State shall certify and report to the + Committees on Appropriations, on an individual bureau or office + basis, that such bureau or office is in compliance with Department + and Federal financial and grants management policies, procedures, + and regulations, as applicable. + (2) Considerations.--When making a certification required by + paragraph (1), the Secretary of State shall consider the capacity + of a bureau or office to-- + (A) account for the obligated funds at the country and + program level, as appropriate; + (B) identify risks and develop mitigation and monitoring + plans; + (C) establish performance measures and indicators; + (D) review activities and performance; and + (E) assess final results and reconcile finances. + (3) Plan.--If the Secretary of State is unable to make a + certification required by paragraph (1), the Secretary shall submit + a plan and timeline detailing the steps to be taken to bring such + bureau or office into compliance. + (d) Personnel Levels.-- + (1) Funds made available by this Act are made available to + support the permanent Foreign Service and Civil Service staff + levels of the Department of State at not less than the hiring + targets established in the fiscal year 2019 operating plan. + (2) Not later than 60 days after enactment of this Act, and + every 60 days thereafter until September 30, 2021, the Secretary of + State shall report to the appropriate congressional committees on + the on-board personnel levels, hiring, and attrition of the Civil + Service, Foreign Service, eligible family member, and locally + employed staff workforce of the Department of State, on an + operating unit-by-operating unit basis: Provided, That such report + shall also include a hiring plan, including timelines, for + maintaining the agency-wide, on-board Foreign Service and Civil + Service at not less than the levels specified in paragraph (1). + (e) Information Technology Platform.-- + (1) None of the funds appropriated in title I of this Act under + the heading ``Administration of Foreign Affairs'' may be made + available for a new major information technology (IT) investment + without the concurrence of the Chief Information Officer, + Department of State. + (2) None of the funds made available by this Act and prior Acts + making appropriations for the Department of State, foreign + operations, and related programs may be used by an agency to submit + a project proposal to the Technology Modernization Board for + funding from the Technology Modernization Fund unless, not later + than 15 days in advance of submitting the project proposal to the + Board, the head of the agency-- + (A) notifies the Committees on Appropriations of the + proposed submission of the project proposal; and + (B) submits to the Committees on Appropriations a copy of + the project proposal. + (3) None of the funds made available by this Act and prior Acts + making appropriations for the Department of State, foreign + operations, and related programs may be used by an agency to carry + out a project that is approved by the Board unless the head of the + agency-- + (A) submits to the Committees on Appropriations a copy of + the approved project proposal, including the terms of + reimbursement of funding received for the project; and + (B) agrees to submit to the Committees on Appropriations a + copy of each report relating to the project that the head of + the agency submits to the Board. + + united states agency for international development management + + Sec. 7064. (a) Authority.--Up to $100,000,000 of the funds made +available in title III of this Act pursuant to or to carry out the +provisions of part I of the Foreign Assistance Act of 1961, including +funds appropriated under the heading ``Assistance for Europe, Eurasia +and Central Asia'', may be used by the United States Agency for +International Development to hire and employ individuals in the United +States and overseas on a limited appointment basis pursuant to the +authority of sections 308 and 309 of the Foreign Service Act of 1980 +(22 U.S.C. 3948 and 3949). + (b) Restriction.--The authority to hire individuals contained in +subsection (a) shall expire on September 30, 2021. + (c) Program Account Charged.--The account charged for the cost of +an individual hired and employed under the authority of this section +shall be the account to which the responsibilities of such individual +primarily relate: Provided, That funds made available to carry out +this section may be transferred to, and merged with, funds appropriated +by this Act in title II under the heading ``Operating Expenses''. + (d) Foreign Service Limited Extensions.--Individuals hired and +employed by USAID, with funds made available in this Act or prior Acts +making appropriations for the Department of State, foreign operations, +and related programs, pursuant to the authority of section 309 of the +Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a +period of up to 4 years notwithstanding the limitation set forth in +such section. + (e) Disaster Surge Capacity.--Funds appropriated under title III of +this Act to carry out part I of the Foreign Assistance Act of 1961, +including funds appropriated under the heading ``Assistance for Europe, +Eurasia and Central Asia'', may be used, in addition to funds otherwise +available for such purposes, for the cost (including the support costs) +of individuals detailed to or employed by USAID whose primary +responsibility is to carry out programs in response to natural +disasters, or man-made disasters subject to the regular notification +procedures of the Committees on Appropriations. + (f) Personal Services Contractors.--Funds appropriated by this Act +to carry out chapter 1 of part I, chapter 4 of part II, and section 667 +of the Foreign Assistance Act of 1961, and title II of the Food for +Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by +USAID to employ up to 40 personal services contractors in the United +States, notwithstanding any other provision of law, for the purpose of +providing direct, interim support for new or expanded overseas programs +and activities managed by the agency until permanent direct hire +personnel are hired and trained: Provided, That not more than 15 of +such contractors shall be assigned to any bureau or office: Provided +further, That such funds appropriated to carry out title II of the Food +for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made +available only for personal services contractors assigned to the Office +of Food for Peace. + (g) Small Business.--In entering into multiple award indefinite- +quantity contracts with funds appropriated by this Act, USAID may +provide an exception to the fair opportunity process for placing task +orders under such contracts when the order is placed with any category +of small or small disadvantaged business. + (h) Senior Foreign Service Limited Appointments.--Individuals hired +pursuant to the authority provided by section 7059(o) of the Department +of State, Foreign Operations, and Related Programs Appropriations Act, +2010 (division F of Public Law 111-117) may be assigned to or support +programs in Afghanistan or Pakistan with funds made available in this +Act and prior Acts making appropriations for the Department of State, +foreign operations, and related programs. + (i) Personnel Levels.-- + (1) Funds made available by this Act under the heading + ``Operating Expenses'' are made available to support 1,850 + permanent Foreign Service Officers and 1,600 permanent Civil + Service staff. + (2) Not later than 60 days after enactment of this Act, and + every 60 days thereafter until September 30, 2021, the USAID + Administrator shall report to the appropriate congressional + committees on the on-board personnel levels, hiring, and attrition + of the Civil Service, Foreign Service, and foreign service national + workforce of USAID, on an operating unit-by-operating unit basis: + Provided, That such report shall also include a hiring plan, + including timelines, for maintaining the agency-wide, on-board + Foreign Service Officers and Civil Service staff at not less than + the levels specified in paragraph (1). + + stabilization and development in regions impacted by extremism and + conflict + + Sec. 7065. (a) Relief and Recovery Fund.-- + (1) Funds and transfer authority.--Of the funds appropriated by + this Act under the headings ``Economic Support Fund'', + ``International Narcotics Control and Law Enforcement'', + ``Nonproliferation, Anti-terrorism, Demining and Related + Programs'', ``Peacekeeping Operations'', and ``Foreign Military + Financing Program'', not less than $200,000,000 shall be made + available for the Relief and Recovery Fund for assistance for areas + liberated or at risk from, or under the control of, the Islamic + State of Iraq and Syria, other terrorist organizations, or violent + extremist organizations, including for stabilization assistance for + vulnerable ethnic and religious minority communities affected by + conflict: Provided, That unless specifically designated in this + Act or in the explanatory statement described in section 4 (in the + matter preceding division A of this consolidated Act) for + assistance for countries, such funds are in addition to amounts + otherwise made available for such purposes: Provided further, That + such funds appropriated under such headings may be transferred to, + and merged with, funds appropriated under such headings: Provided + further, That such transfer authority is in addition to any other + transfer authority provided by this Act or any other Act, and is + subject to the regular notification procedures of the Committees on + Appropriations. + (2) Transitional justice.--Of the funds appropriated by this + Act under the headings ``Economic Support Fund'' and + ``International Narcotics Control and Law Enforcement'' that are + made available for the Relief and Recovery Fund, not less than + $10,000,000 shall be made available for programs to promote + accountability for genocide, crimes against humanity, and war + crimes, including in Iraq and Syria, which shall be in addition to + any other funds made available by this Act for such purposes: + Provided, That such programs shall include components to develop + local investigative and judicial skills, and to collect and + preserve evidence and maintain the chain of custody of evidence, + including for use in prosecutions, and may include the + establishment of, and assistance for, transitional justice + mechanisms: Provided further, That such funds shall be + administered by the Special Coordinator for the Office of Global + Criminal Justice, Department of State: Provided further, That + funds made available by this paragraph shall be made available on + an open and competitive basis. + (b) Countering Violent Extremism in Asia.--Of the funds +appropriated by this Act under the heading ``Economic Support Fund'', +not less than $2,500,000 shall be made available for programs to +counter violent extremism in Asia, including within the Buddhist +community: Provided, That such funds are in addition to funds +otherwise made available by this Act for such purposes. + (c) Global Community Engagement and Resilience Fund.--Of the funds +appropriated by this Act and prior Acts making appropriations for the +Department of State, foreign operations, and related programs under the +heading ``Economic Support Fund'', $5,000,000 shall be made available +to the Global Community Engagement and Resilience Fund (GCERF), +including as a contribution: Provided, That any such funds made +available for the GCERF shall be made available on a cost-matching +basis from sources other than the United States Government, to the +maximum extent practicable, and shall be subject to the regular +notification procedures of the Committees on Appropriations. + (d) Global Concessional Financing Facility.--Of the funds +appropriated by this Act under the heading ``Economic Support Fund'', +$25,000,000 shall be made available for the Global Concessional +Financing Facility of the World Bank to provide financing to support +refugees and host communities: Provided, That such funds shall be in +addition to funds allocated for bilateral assistance in the report +required by section 653(a) of the Foreign Assistance Act of 1961, and +may only be made available subject to prior to consultation with the +Committees on Appropriations. + + disability programs + + Sec. 7066. (a) Assistance.--Funds appropriated by this Act under +the heading ``Development Assistance'' shall be made available for +programs and activities administered by the United States Agency for +International Development to address the needs and protect and promote +the rights of people with disabilities in developing countries, +including initiatives that focus on independent living, economic self- +sufficiency, advocacy, education, employment, transportation, sports, +and integration of individuals with disabilities, including for the +cost of translation. + (b) Management, Oversight, and Technical Support.--Of the funds +made available pursuant to this section, 5 percent may be used by USAID +for management, oversight, and technical support. + + debt-for-development + + Sec. 7067. In order to enhance the continued participation of +nongovernmental organizations in debt-for-development and debt-for- +nature exchanges, a nongovernmental organization which is a grantee or +contractor of the United States Agency for International Development +may place in interest bearing accounts local currencies which accrue to +that organization as a result of economic assistance provided under +title III of this Act and, subject to the regular notification +procedures of the Committees on Appropriations, any interest earned on +such investment shall be used for the purpose for which the assistance +was provided to that organization. + + enterprise funds + + Sec. 7068. (a) Notification.--None of the funds made available +under titles III through VI of this Act may be made available for +Enterprise Funds unless the appropriate congressional committees are +notified at least 15 days in advance. + (b) Distribution of Assets Plan.--Prior to the distribution of any +assets resulting from any liquidation, dissolution, or winding up of an +Enterprise Fund, in whole or in part, the President shall submit to the +appropriate congressional committees a plan for the distribution of the +assets of the Enterprise Fund. + (c) Transition or Operating Plan.--Prior to a transition to and +operation of any private equity fund or other parallel investment fund +under an existing Enterprise Fund, the President shall submit such +transition or operating plan to the appropriate congressional +committees. + + rescissions + + (including rescissions of funds) + + Sec. 7069. (a) Economic Support Fund.-- + (1) Of the unobligated balances available under the Economic + Support Fund, identified by Treasury Appropriation Fund Symbol 72 X + 1037, $32,000,000 are rescinded. + (2) Of the unobligated and unexpended balances available to the + President for bilateral economic assistance under the heading + ``Economic Support Fund'' from prior Acts making appropriations for + the Department of State, foreign operations, and related programs, + $200,000,000 shall be deobligated, as appropriate, and shall be + rescinded. + (3) For the purposes of this subsection, no amounts may be + rescinded from amounts that were designated by Congress as an + emergency requirement or for Overseas Contingency Operations/Global + War on Terrorism pursuant to a concurrent resolution on the budget + or the Balanced Budget and Emergency Deficit Control Act of 1985. + (b) Embassy Security, Construction, and Maintenance.--Of the +unobligated balances from amounts available under the heading ``Embassy +Security, Construction, and Maintenance'' in title II of the Security +Assistance Appropriations Act, 2017 (division B of Public Law 114-254), +$242,462,000 are rescinded: Provided, That such funds that were +previously designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985 are +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act. + (c) Complex Crises Fund.--Of the unobligated balances from amounts +made available under title VIII in prior Acts making appropriations for +the Department of State, foreign operations, and related programs under +the heading ``Complex Crises Fund'', $40,000,000 are rescinded: +Provided, That such funds that were previously designated by the +Congress for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985 are designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of such Act. + (d) Export-Import Bank of the United States.--Of the unobligated +balances available under the heading ``Export and Investment +Assistance, Export-Import Bank of the United States, Subsidy +Appropriation'' for tied-aid grants from prior Acts making +appropriations for the Department of State, foreign operations, and +related programs, $64,282,000 are rescinded. + This division may be cited as the ``Department of State, Foreign +Operations, and Related Programs Appropriations Act, 2020''. + +DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED + AGENCIES APPROPRIATIONS ACT, 2020 + + TITLE I + + DEPARTMENT OF TRANSPORTATION + + Office of the Secretary + + salaries and expenses + + For necessary expenses of the Office of the Secretary, +$115,490,000, of which not to exceed $3,100,000 shall be available for +the immediate Office of the Secretary; not to exceed $1,000,000 shall +be available for the immediate Office of the Deputy Secretary; not to +exceed $21,000,000 shall be available for the Office of the General +Counsel; not to exceed $10,500,000 shall be available for the Office of +the Under Secretary of Transportation for Policy; not to exceed +$15,000,000 shall be available for the Office of the Assistant +Secretary for Budget and Programs; not to exceed $2,650,000 shall be +available for the Office of the Assistant Secretary for Governmental +Affairs; not to exceed $29,244,000 shall be available for the Office of +the Assistant Secretary for Administration; not to exceed $2,142,000 +shall be available for the Office of Public Affairs; not to exceed +$1,859,000 shall be available for the Office of the Executive +Secretariat; not to exceed $12,181,000 shall be available for the +Office of Intelligence, Security, and Emergency Response; and not to +exceed $16,814,000 shall be available for the Office of the Chief +Information Officer: Provided, That the Secretary of Transportation is +authorized to transfer funds appropriated for any office of the Office +of the Secretary to any other office of the Office of the Secretary: +Provided further, That no appropriation for any office shall be +increased or decreased by more than 7 percent by all such transfers: +Provided further, That notice of any change in funding greater than 7 +percent shall be submitted for approval to the House and Senate +Committees on Appropriations: Provided further, That not to exceed +$60,000 shall be for allocation within the Department for official +reception and representation expenses as the Secretary may determine: +Provided further, That notwithstanding any other provision of law, +excluding fees authorized in Public Law 107-71, there may be credited +to this appropriation up to $2,500,000 in funds received in user fees: +Provided further, That none of the funds provided in this Act shall be +available for the position of Assistant Secretary for Public Affairs. + + research and technology + + For necessary expenses related to the Office of the Assistant +Secretary for Research and Technology, $21,000,000, of which +$14,218,000 shall remain available until expended for (1) $5,000,000 +for new competitive grants under section 5505 of title 49, United +States Code, for Tier I University Transportation Centers, (2) +$1,000,000 for the establishment of an emergency planning +transportation data initiative to conduct research and develop models +for data integration of geo-located weather and roadways information +for emergency and other severe weather conditions to improve public +safety and emergency evacuation and response capabilities, (3) +$1,000,000 for the Secretary of Transportation to enter into an +agreement with the National Academies of Sciences, Engineering, and +Medicine to conduct a study through the Transportation Research Board +on effective ways to measure the resilience of transportation systems +and services to natural disasters, natural hazards, and other potential +disruptions, and (4) $5,000,000 for the establishment of a Highly +Automated Systems Safety Center of Excellence as required in section +105 of this Act: Provided, That such amounts are in addition to +amounts previously provided for Tier I University Transportation +Centers: Provided further, That such amounts for additional Tier I +University Transportation Centers under this heading are provided +notwithstanding section 5505(c)(4)(A) of title 49, United States Code: +Provided further, That there may be credited to this appropriation, to +be available until expended, funds received from States, counties, +municipalities, other public authorities, and private sources for +expenses incurred for training: Provided further, That any reference +in law, regulation, judicial proceedings, or elsewhere to the Research +and Innovative Technology Administration shall continue to be deemed to +be a reference to the Office of the Assistant Secretary for Research +and Technology of the Department of Transportation. + + national infrastructure investments + + For capital investments in surface transportation infrastructure, +$1,000,000,000, to remain available through September 30, 2022: +Provided, That the Secretary of Transportation shall distribute funds +provided under this heading as discretionary grants to be awarded to a +State, local government, transit agency, port authority, or a +collaboration among such entities on a competitive basis for projects +that will have a significant local or regional impact: Provided +further, That projects eligible for funding provided under this heading +shall include, but not be limited to, highway or bridge projects +eligible under title 23, United States Code; public transportation +projects eligible under chapter 53 of title 49, United States Code; +passenger and freight rail transportation projects; port infrastructure +investments (including inland port infrastructure and land ports of +entry); and projects investing in surface transportation facilities +that are located on tribal land and for which title or maintenance +responsibility is vested in the Federal Government: Provided further, +That of the amount made available under this heading, the Secretary +shall use an amount not less than $15,000,000 for the planning, +preparation or design of projects eligible for funding under this +heading: Provided further, That grants awarded under the previous +proviso shall not be subject to a minimum grant size: Provided +further, That the Secretary may use up to 20 percent of the funds made +available under this heading for the purpose of paying the subsidy and +administrative costs of projects eligible for Federal credit assistance +under chapter 6 of title 23, United States Code, or sections 501 +through 504 of the Railroad Revitalization and Regulatory Reform Act of +1976 (Public Law 94-210), as amended, if the Secretary finds that such +use of the funds would advance the purposes of this paragraph: +Provided further, That in distributing funds provided under this +heading, the Secretary shall take such measures so as to ensure an +equitable geographic distribution of funds, an appropriate balance in +addressing the needs of urban and rural areas, and the investment in a +variety of transportation modes: Provided further, That a grant funded +under this heading shall be not less than $5,000,000 and not greater +than $25,000,000: Provided further, That not more than 10 percent of +the funds made available under this heading may be awarded to projects +in a single State: Provided further, That the Federal share of the +costs for which an expenditure is made under this heading shall be, at +the option of the recipient, up to 80 percent: Provided further, That +the Secretary shall give priority to projects that require a +contribution of Federal funds in order to complete an overall financing +package: Provided further, That an award under this heading is an +urban award if it is to a project located within or on the boundary of +an Urbanized Area (UA), as designated by the U.S. Census Bureau, that +had a population greater than 200,000 in the 2010 Census: Provided +further, That for the purpose of determining if an award for planning, +preparation or design is an urban award, the project location is the +location of the project being planned, prepared or designed: Provided +further, That each award under this heading that is not an urban award +is a rural award: Provided further, That of the funds awarded under +this heading, not more than 50 percent shall be awarded as urban awards +and rural awards, respectively: Provided further, That for rural +awards, the minimum grant size shall be $1,000,000 and the Secretary +may increase the Federal share of costs above 80 percent: Provided +further, That projects conducted using funds provided under this +heading must comply with the requirements of subchapter IV of chapter +31 of title 40, United States Code: Provided further, That the +Secretary shall conduct a new competition to select the grants and +credit assistance awarded under this heading: Provided further, That +the Secretary may retain up to $25,000,000 of the funds provided under +this heading, and may transfer portions of those funds to the +Administrators of the Federal Highway Administration, the Federal +Transit Administration, the Federal Railroad Administration, and the +Maritime Administration to fund the award and oversight of grants and +credit assistance made under the National Infrastructure Investments +program: Provided further, That none of the funds provided in the +previous proviso may be used to hire additional personnel: Provided +further, That the Secretary shall consider and award projects based +solely on the selection criteria from the fiscal year 2017 Notice of +Funding Opportunity: Provided further, That, notwithstanding the +previous proviso, the Secretary shall not use the Federal share or an +applicant's ability to generate non-Federal revenue as a selection +criteria in awarding projects: Provided further, That the Secretary +shall issue the Notice of Funding Opportunity no later than 60 days +after enactment of this Act: Provided further, That such Notice of +Funding Opportunity shall require application submissions 90 days after +the publishing of such Notice: Provided further, That of the +applications submitted under the previous two provisos, the Secretary +shall make grants no later than 270 days after enactment of this Act in +such amounts that the Secretary determines: Provided further, That +such sums provided for national infrastructure investments for +multimodal safety projects under title VIII of division F of the +Consolidated and Further Continuing Appropriations Act, 2013 (Public +Law 113-6; 127 Stat. 423) shall remain available through fiscal year +2024 for the liquidation of valid obligations of active grants awarded +with this funding: Provided further, That the preceding proviso shall +be applied as if it were in effect on September 30, 2019. + + national surface transportation and innovative finance bureau + + For necessary expenses of the National Surface Transportation and +Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000, +to remain available until expended: Provided, That the Secretary shall +notify the House and Senate Committees on Appropriations no less than +15 days prior to exercising the transfer authority granted under +section 116(h) of title 49, United States Code. + + financial management capital + + For necessary expenses for upgrading and enhancing the Department +of Transportation's financial systems and re-engineering business +processes, $2,000,000, to remain available through September 30, 2021. + + cyber security initiatives + + For necessary expenses for cyber security initiatives, including +necessary upgrades to wide area network and information technology +infrastructure, improvement of network perimeter controls and identity +management, testing and assessment of information technology against +business, security, and other requirements, implementation of Federal +cyber security initiatives and information infrastructure enhancements, +and implementation of enhanced security controls on network devices, +$15,000,000, to remain available through September 30, 2021. + + office of civil rights + + For necessary expenses of the Office of Civil Rights, $9,470,000. + + transportation planning, research, and development + + For necessary expenses for conducting transportation planning, +research, systems development, development activities, and making +grants, $10,879,000, to remain available until expended: Provided, +That of such amount, $1,000,000 shall be for necessary expenses of the +Interagency Infrastructure Permitting Improvement Center (IIPIC): +Provided further, That there may be transferred to this appropriation, +to remain available until expended, amounts transferred from other +Federal agencies for expenses incurred under this heading for IIPIC +activities not related to transportation infrastructure: Provided +further, That the tools and analysis developed by the IIPIC shall be +available to other Federal agencies for the permitting and review of +major infrastructure projects not related to transportation only to the +extent that other Federal agencies provide funding to the Department as +provided for under the previous proviso. + + working capital fund + + For necessary expenses for operating costs and capital outlays of +the Working Capital Fund, not to exceed $319,793,000, shall be paid +from appropriations made available to the Department of Transportation: + Provided, That such services shall be provided on a competitive basis +to entities within the Department of Transportation: Provided further, +That the above limitation on operating expenses shall not apply to non- +DOT entities: Provided further, That no funds appropriated in this Act +to an agency of the Department shall be transferred to the Working +Capital Fund without majority approval of the Working Capital Fund +Steering Committee and approval of the Secretary: Provided further, +That no assessments may be levied against any program, budget activity, +subactivity or project funded by this Act unless notice of such +assessments and the basis therefor are presented to the House and +Senate Committees on Appropriations and are approved by such +Committees. + + small and disadvantaged business utilization and outreach + + For necessary expenses for small and disadvantaged business +utilization and outreach activities, $4,646,000, to remain available +until September 30, 2021: Provided, That notwithstanding 49 U.S.C. +332, these funds may be used for business opportunities related to any +mode of transportation: Provided further, That appropriations made +available under this heading shall be available for any purpose +consistent with prior year appropriations that were made available +under the heading ``Minority Business Resource Center Program''. + + payments to air carriers + + (airport and airway trust fund) + + In addition to funds made available from any other source to carry +out the essential air service program under 49 U.S.C. 41731 through +41742, $162,000,000, to be derived from the Airport and Airway Trust +Fund, to remain available until expended: Provided, That in +determining between or among carriers competing to provide service to a +community, the Secretary may consider the relative subsidy requirements +of the carriers: Provided further, That basic essential air service +minimum requirements shall not include the 15-passenger capacity +requirement under section 41732(b)(3) of title 49, United States Code: +Provided further, That none of the funds in this Act or any other Act +shall be used to enter into a new contract with a community located +less than 40 miles from the nearest small hub airport before the +Secretary has negotiated with the community over a local cost share: +Provided further, That amounts authorized to be distributed for the +essential air service program under section 41742(b) of title 49, +United States Code, shall be made available immediately from amounts +otherwise provided to the Administrator of the Federal Aviation +Administration: Provided further, That the Administrator may reimburse +such amounts from fees credited to the account established under +section 45303 of title 49, United States Code. + + administrative provisions--office of the secretary of transportation + + Sec. 101. None of the funds made available in this Act to the +Department of Transportation may be obligated for the Office of the +Secretary of Transportation to approve assessments or reimbursable +agreements pertaining to funds appropriated to the modal +administrations in this Act, except for activities underway on the date +of enactment of this Act, unless such assessments or agreements have +completed the normal reprogramming process for Congressional +notification. + Sec. 102. The Secretary shall post on the Web site of the +Department of Transportation a schedule of all meetings of the Council +on Credit and Finance, including the agenda for each meeting, and +require the Council on Credit and Finance to record the decisions and +actions of each meeting. + Sec. 103. In addition to authority provided by section 327 of +title 49, United States Code, the Department's Working Capital Fund is +hereby authorized to provide partial or full payments in advance and +accept subsequent reimbursements from all Federal agencies from +available funds for transit benefit distribution services that are +necessary to carry out the Federal transit pass transportation fringe +benefit program under Executive Order No. 13150 and section 3049 of +Public Law 109-59: Provided, That the Department shall maintain a +reasonable operating reserve in the Working Capital Fund, to be +expended in advance to provide uninterrupted transit benefits to +Government employees: Provided further, That such reserve will not +exceed one month of benefits payable and may be used only for the +purpose of providing for the continuation of transit benefits: +Provided further, That the Working Capital Fund will be fully +reimbursed by each customer agency from available funds for the actual +cost of the transit benefit. + Sec. 104. No later than May 1, 2020, the Secretary shall announce +the selection of all projects to receive awards for all competitive +grants provided in Public Law 116-6 under the headings: ``Federal +Railroad Administration--Federal-State Partnership for State of Good +Repair'', ``Federal Railroad Administration--Consolidated Rail +Infrastructure and Safety Improvements'', ``Federal Railroad +Administration--Restoration and Enhancement'', ``Federal Railroad +Administration--Magnetic Levitation Technology Deployment Program'', +and ``Maritime Administration--Port Infrastructure Development +Program''. + Sec. 105. (a) The Secretary shall establish a Highly Automated +Systems Safety Center of Excellence within the Department of +Transportation, in order to have a Department of Transportation +workforce capable of reviewing, assessing, and validating the safety of +automated technologies. + (b) The Highly Automated Systems Safety Center of Excellence +shall-- + (1) serve as a central location within the Department of + Transportation for expertise in automation and human factors, + computer science, data analytics, machine learning, sensors, and + other technologies involving automated systems; + (2) collaborate with and provide support on highly automated + systems to all Operating Administrations of the Department of + Transportation; and + (3) have a workforce composed of Department of Transportation + employees, including direct hires or detailees from Operating + Administrations of the Department of Transportation and other + Federal agencies. + (c) Employees of the Highly Automated Systems Safety Center of +Excellence, in conjunction with the relevant Operating Administrations +of the Department of Transportation, shall review, assess, and validate +highly automated systems to ensure their safety. + (d) The Highly Automated Systems Safety Center of Excellence shall +not supersede laws or regulations granting certification authorities to +Operating Administrations of the Department of Transportation. + (e) No later than 90 days after the date of enactment of this Act, +the Secretary shall report to the Committees on Appropriations of the +House of Representatives and the Senate on staffing needs and the +staffing plan for the Highly Automated Systems Safety Center of +Excellence. + Sec. 106. None of the funds made available by this Act shall be +used to terminate the Intelligent Transportation System Program +Advisory Committee established under section 5305(h) of SAFETEA-LU (23 +U.S.C. 512 note; Public Law 109-59). + + Federal Aviation Administration + + operations + + (airport and airway trust fund) + + For necessary expenses of the Federal Aviation Administration, not +otherwise provided for, including operations and research activities +related to commercial space transportation, administrative expenses for +research and development, establishment of air navigation facilities, +the operation (including leasing) and maintenance of aircraft, +subsidizing the cost of aeronautical charts and maps sold to the +public, the lease or purchase of passenger motor vehicles for +replacement only, $10,630,000,000, to remain available until September +30, 2021, of which $10,519,000,000 shall be derived from the Airport +and Airway Trust Fund: Provided, That of the sums appropriated under +this heading-- + (1) not less than $1,404,096,000 shall be available for + aviation safety activities; + (2) $7,970,734,000 shall be available for air traffic + organization activities; + (3) $26,040,000 shall be available for commercial space + transportation activities; + (4) $800,646,000 shall be available for finance and management + activities; + (5) $61,538,000 shall be available for NextGen and operations + planning activities; + (6) $118,642,000 shall be available for security and hazardous + materials safety; and + (7) $248,304,000 shall be available for staff offices: + Provided further, That not to exceed 5 percent of any budget +activity, except for aviation safety budget activity, may be +transferred to any budget activity under this heading: Provided +further, That no transfer may increase or decrease any appropriation by +more than 5 percent: Provided further, That any transfer in excess of +5 percent shall be treated as a reprogramming of funds under section +405 of this Act and shall not be available for obligation or +expenditure except in compliance with the procedures set forth in that +section: Provided further, That not later than 60 days after the +submission of the budget request, the Administrator of the Federal +Aviation Administration shall transmit to Congress an annual update to +the report submitted to Congress in December 2004 pursuant to section +221 of Public Law 108-176: Provided further, That the amount herein +appropriated shall be reduced by $100,000 for each day after the date +that is 60 days after the submission of the budget request that such +report has not been submitted to the Congress: Provided further, That +not later than 60 days after the submission of the budget request, the +Administrator shall transmit to Congress a companion report that +describes a comprehensive strategy for staffing, hiring, and training +flight standards and aircraft certification staff in a format similar +to the one utilized for the controller staffing plan, including stated +attrition estimates and numerical hiring goals by fiscal year: +Provided further, That the amount herein appropriated shall be reduced +by $100,000 per day for each day after the date that is 60 days after +the submission of the budget request that such report has not been +submitted to Congress: Provided further, That funds may be used to +enter into a grant agreement with a nonprofit standard-setting +organization to assist in the development of aviation safety standards: + Provided further, That none of the funds in this Act shall be +available for new applicants for the second career training program: +Provided further, That none of the funds in this Act shall be available +for the Federal Aviation Administration to finalize or implement any +regulation that would promulgate new aviation user fees not +specifically authorized by law after the date of the enactment of this +Act: Provided further, That there may be credited to this +appropriation, as offsetting collections, funds received from States, +counties, municipalities, foreign authorities, other public +authorities, and private sources for expenses incurred in the provision +of agency services, including receipts for the maintenance and +operation of air navigation facilities, and for issuance, renewal or +modification of certificates, including airman, aircraft, and repair +station certificates, or for tests related thereto, or for processing +major repair or alteration forms: Provided further, That of the funds +appropriated under this heading, not less than $170,000,000 shall be +used to fund direct operations of the current air traffic control +towers in the contract tower program, including the contract tower cost +share program, and any airport that is currently qualified or that will +qualify for the program during the fiscal year: Provided further, That +none of the funds in this Act for aeronautical charting and cartography +are available for activities conducted by, or coordinated through, the +Working Capital Fund: Provided further, That none of the funds +appropriated or otherwise made available by this Act or any other Act +may be used to eliminate the Contract Weather Observers program at any +airport. + + facilities and equipment + + (airport and airway trust fund) + + For necessary expenses, not otherwise provided for, for +acquisition, establishment, technical support services, improvement by +contract or purchase, and hire of national airspace systems and +experimental facilities and equipment, as authorized under part A of +subtitle VII of title 49, United States Code, including initial +acquisition of necessary sites by lease or grant; engineering and +service testing, including construction of test facilities and +acquisition of necessary sites by lease or grant; construction and +furnishing of quarters and related accommodations for officers and +employees of the Federal Aviation Administration stationed at remote +localities where such accommodations are not available; and the +purchase, lease, or transfer of aircraft from funds available under +this heading, including aircraft for aviation regulation and +certification; to be derived from the Airport and Airway Trust Fund, +$3,045,000,000, of which $515,000,000 shall remain available until +September 30, 2021, $2,409,473,000 shall remain available until +September 30, 2022, and $120,527,000 shall remain available until +expended: Provided, That there may be credited to this appropriation +funds received from States, counties, municipalities, other public +authorities, and private sources, for expenses incurred in the +establishment, improvement, and modernization of national airspace +systems: Provided further, That not later than 60 days after +submission of the budget request, the Secretary of Transportation shall +transmit to the Congress an investment plan for the Federal Aviation +Administration which includes funding for each budget line item for +fiscal years 2021 through 2025, with total funding for each year of the +plan constrained to the funding targets for those years as estimated +and approved by the Office of Management and Budget. + + research, engineering, and development + + (airport and airway trust fund) + + For necessary expenses, not otherwise provided for, for research, +engineering, and development, as authorized under part A of subtitle +VII of title 49, United States Code, including construction of +experimental facilities and acquisition of necessary sites by lease or +grant, $192,665,000, to be derived from the Airport and Airway Trust +Fund and to remain available until September 30, 2022: Provided, That +there may be credited to this appropriation as offsetting collections, +funds received from States, counties, municipalities, other public +authorities, and private sources, which shall be available for expenses +incurred for research, engineering, and development: Provided further, +That funds made available under this heading shall be used in +accordance with the explanatory statement described in section 4 (in +the matter preceding division A of this consolidated Act): Provided +further, That not to exceed 10 percent of any funding level specified +under this heading in the explanatory statement described in section 4 +(in the matter preceding division A of this consolidated Act) may be +transferred to any other funding level specified under this heading in +the explanatory statement described in section 4 (in the matter +preceding division A of this consolidated Act): Provided further, That +no transfer may increase or decrease any funding level by more than 10 +percent: Provided further, That any transfer in excess of 10 percent +shall be treated as a reprogramming of funds under section 405 of this +Act and shall not be available for obligation or expenditure except in +compliance with the procedures set forth in that section. + + grants-in-aid for airports + + (liquidation of contract authorization) + + (limitation on obligations) + + (airport and airway trust fund) + + (including transfer of funds) + + For liquidation of obligations incurred for grants-in-aid for +airport planning and development, and noise compatibility planning and +programs as authorized under subchapter I of chapter 471 and subchapter +I of chapter 475 of title 49, United States Code, and under other law +authorizing such obligations; for procurement, installation, and +commissioning of runway incursion prevention devices and systems at +airports of such title; for grants authorized under section 41743 of +title 49, United States Code; and for inspection activities and +administration of airport safety programs, including those related to +airport operating certificates under section 44706 of title 49, United +States Code, $3,000,000,000, to be derived from the Airport and Airway +Trust Fund and to remain available until expended: Provided, That none +of the funds under this heading shall be available for the planning or +execution of programs the obligations for which are in excess of +$3,350,000,000 in fiscal year 2020, notwithstanding section 47117(g) of +title 49, United States Code: Provided further, That none of the funds +under this heading shall be available for the replacement of baggage +conveyor systems, reconfiguration of terminal baggage areas, or other +airport improvements that are necessary to install bulk explosive +detection systems: Provided further, That notwithstanding section +47109(a) of title 49, United States Code, the Government's share of +allowable project costs under paragraph (2) for subgrants or paragraph +(3) of that section shall be 95 percent for a project at other than a +large or medium hub airport that is a successive phase of a multi- +phased construction project for which the project sponsor received a +grant in fiscal year 2011 for the construction project: Provided +further, That notwithstanding any other provision of law, of funds +limited under this heading, not more than $116,500,000 shall be +available for administration, not less than $15,000,000 shall be +available for the Airport Cooperative Research Program, not less than +$39,224,000 shall be available for Airport Technology Research, and +$10,000,000, to remain available until expended, shall be available and +transferred to ``Office of the Secretary, Salaries and Expenses'' to +carry out the Small Community Air Service Development Program: +Provided further, That in addition to airports eligible under section +41743 of title 49, United States Code, such program may include the +participation of an airport that serves a community or consortium that +is not larger than a small hub airport, according to FAA hub +classifications effective at the time the Office of the Secretary +issues a request for proposals. + + grants-in-aid for airports + + For an additional amount for ``Grants-In-Aid for Airports'', to +enable the Secretary of Transportation to make grants for projects as +authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter +475 of title 49, United States Code, $400,000,000, to remain available +through September 30, 2022: Provided, That amounts made available +under this heading shall be derived from the general fund, and such +funds shall not be subject to apportionment formulas, special +apportionment categories, or minimum percentages under chapter 471: +Provided further, That the Secretary shall distribute funds provided +under this heading as discretionary grants to airports: Provided +further, That the amount made available under this heading shall not be +subject to any limitation on obligations for the Grants-in-Aid for +Airports program set forth in any Act: Provided further, That the +Administrator of the Federal Aviation Administration may retain up to +0.5 percent of the funds provided under this heading to fund the award +and oversight by the Administrator of grants made under this heading. + + administrative provisions--federal aviation administration + + Sec. 110. None of the funds in this Act may be used to compensate +in excess of 600 technical staff-years under the federally funded +research and development center contract between the Federal Aviation +Administration and the Center for Advanced Aviation Systems Development +during fiscal year 2020. + Sec. 111. None of the funds in this Act shall be used to pursue or +adopt guidelines or regulations requiring airport sponsors to provide +to the Federal Aviation Administration without cost building +construction, maintenance, utilities and expenses, or space in airport +sponsor-owned buildings for services relating to air traffic control, +air navigation, or weather reporting: Provided, That the prohibition +of funds in this section does not apply to negotiations between the +agency and airport sponsors to achieve agreement on ``below-market'' +rates for these items or to grant assurances that require airport +sponsors to provide land without cost to the Federal Aviation +Administration for air traffic control facilities. + Sec. 112. The Administrator of the Federal Aviation Administration +may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) +from fees credited under 49 U.S.C. 45303 and any amount remaining in +such account at the close of that fiscal year may be made available to +satisfy section 41742(a)(1) for the subsequent fiscal year. + Sec. 113. Amounts collected under section 40113(e) of title 49, +United States Code, shall be credited to the appropriation current at +the time of collection, to be merged with and available for the same +purposes of such appropriation. + Sec. 114. None of the funds in this Act shall be available for +paying premium pay under subsection 5546(a) of title 5, United States +Code, to any Federal Aviation Administration employee unless such +employee actually performed work during the time corresponding to such +premium pay. + Sec. 115. None of the funds in this Act may be obligated or +expended for an employee of the Federal Aviation Administration to +purchase a store gift card or gift certificate through use of a +Government-issued credit card. + Sec. 116. None of the funds in this Act may be obligated or +expended for retention bonuses for an employee of the Federal Aviation +Administration without the prior written approval of the Assistant +Secretary for Administration of the Department of Transportation. + Sec. 117. Notwithstanding any other provision of law, none of the +funds made available under this Act or any prior Act may be used to +implement or to continue to implement any limitation on the ability of +any owner or operator of a private aircraft to obtain, upon a request +to the Administrator of the Federal Aviation Administration, a blocking +of that owner's or operator's aircraft registration number from any +display of the Federal Aviation Administration's Aircraft Situational +Display to Industry data that is made available to the public, except +data made available to a Government agency, for the noncommercial +flights of that owner or operator. + Sec. 118. None of the funds in this Act shall be available for +salaries and expenses of more than nine political and Presidential +appointees in the Federal Aviation Administration. + Sec. 119. None of the funds made available under this Act may be +used to increase fees pursuant to section 44721 of title 49, United +States Code, until the Federal Aviation Administration provides to the +House and Senate Committees on Appropriations a report that justifies +all fees related to aeronautical navigation products and explains how +such fees are consistent with Executive Order No. 13642. + Sec. 119A. None of the funds in this Act may be used to close a +regional operations center of the Federal Aviation Administration or +reduce its services unless the Administrator notifies the House and +Senate Committees on Appropriations not less than 90 full business days +in advance. + Sec. 119B. None of the funds appropriated or limited by this Act +may be used to change weight restrictions or prior permission rules at +Teterboro airport in Teterboro, New Jersey. + Sec. 119C. None of the funds provided under this Act may be used +by the Administrator of the Federal Aviation Administration to withhold +from consideration and approval any new application for participation +in the Contract Tower Program, or for reevaluation of Cost-share +Program participants as long as the Federal Aviation Administration has +received an application from the airport, and as long as the +Administrator determines such tower is eligible using the factors set +forth in Federal Aviation Administration published establishment +criteria. + Sec. 119D. None of the funds made available by this Act may be +used to open, close, redesignate as a lesser office, or reorganize a +regional office, the aeronautical center, or technical center unless +the Administrator submits a request for the reprogramming of funds +under section 405 of this Act. + + Federal Highway Administration + + limitation on administrative expenses + + (highway trust fund) + + (including transfer of funds) + + Not to exceed $453,549,689, together with advances and +reimbursements received by the Federal Highway Administration, shall be +obligated for necessary expenses for administration and operation of +the Federal Highway Administration. In addition, $3,248,000 shall be +transferred to the Appalachian Regional Commission in accordance with +section 104(a) of title 23, United States Code. + + federal-aid highways + + (limitation on obligations) + + (highway trust fund) + + Funds available for the implementation or execution of Federal-aid +highway and highway safety construction programs authorized under +titles 23 and 49, United States Code, and the provisions of the Fixing +America's Surface Transportation (FAST) Act (Public Law 114-94) shall +not exceed total obligations of $46,365,092,000 for fiscal year 2020: +Provided, That the Secretary may collect and spend fees, as authorized +by title 23, United States Code, to cover the costs of services of +expert firms, including counsel, in the field of municipal and project +finance to assist in the underwriting and servicing of Federal credit +instruments and all or a portion of the costs to the Federal Government +of servicing such credit instruments: Provided further, That such fees +are available until expended to pay for such costs: Provided further, +That such amounts are in addition to administrative expenses that are +also available for such purpose, and are not subject to any obligation +limitation or the limitation on administrative expenses under section +608 of title 23, United States Code. + + (liquidation of contract authorization) + + (highway trust fund) + + For the payment of obligations incurred in carrying out Federal-aid +highway and highway safety construction programs authorized under title +23, United States Code, $47,104,092,000 derived from the Highway Trust +Fund (other than the Mass Transit Account), to remain available until +expended. + + highway infrastructure programs + + There is hereby appropriated to the Secretary of Transportation +$2,166,140,392: Provided, That the funds made available under this +heading shall be derived from the general fund, shall be in addition to +any funds provided for fiscal year 2020 in this or any other Act for: +(1) ``Federal-aid Highways'' under chapter 1 of title 23, United States +Code; or (2) the Appalachian Development Highway System as authorized +under section 1069(y) of Public Law 102-240, and shall not affect the +distribution or amount of funds provided in any other Act: Provided +further, That section 1101(b) of Public Law 114-94 shall apply to funds +made available under this heading: Provided further, That of the funds +made available under this heading-- + (1) $781,140,392 shall be for activities eligible under + sections 133(b)(1) and 133(b)(4) of title 23, United States Code, + and to provide necessary charging infrastructure along corridor- + ready or corridor-pending alternative fuel corridors designated + pursuant to section 151 of title 23, United States Code; + (2) $1,150,000,000 shall be for a bridge replacement and + rehabilitation program; + (3) $100,000,000 shall be for necessary expenses for + construction of the Appalachian Development Highway System as + authorized under section 1069(y) of Public Law 102-240; + (4) $3,500,000 shall be for activities eligible under the + Puerto Rico Highway Program as described in section 165(b)(2)(C) of + title 23, United States Code; + (5) $1,500,000 shall be for activities eligible under the + Territorial Highway Program, as described in section 165(c)(6) of + title 23, United States Code; + (6) $70,000,000 shall be for the nationally significant Federal + lands and tribal projects program under section 1123 of the FAST + Act; + (7) $50,000,000 shall be for competitive grants for activities + described in section 130(a) of title 23, United States Code; + (8) $5,000,000 shall be for the Regional Infrastructure + Accelerator Demonstration Program authorized under section 1441 of + the FAST Act; and + (9) $5,000,000 shall be for a National Road Network Pilot + Program for the Federal Highway Administration to create a national + level, geo-spatial dataset that uses data already collected under + the Highway Performance Monitoring System: + Provided further, That for the purposes of funds made available under +this heading for activities eligible under sections 133(b)(1) and +133(b)(4) of title 23, United States Code, and to provide necessary +charging infrastructure along corridor-ready or corridor-pending +alternative fuel corridors designated pursuant to section 151 of title +23, United States Code, the term ``State'' means any of the 50 States +or the District of Columbia: Provided further, That the funds made +available under this heading for activities eligible under sections +133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide +necessary charging infrastructure along corridor-ready or corridor- +pending alternative fuel corridors designated pursuant to section 151 +of title 23, United States Code, shall be suballocated in the manner +described in section 133(d) of such title, except that the set-aside +described in section 133(h) of such title shall not apply to funds made +available under this heading: Provided further, That the funds made +available under this heading for activities eligible under sections +133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide +necessary charging infrastructure along corridor-ready or corridor- +pending alternative fuel corridors designated pursuant to section 151 +of title 23, United States Code, shall be administered as if +apportioned under chapter 1 of such title and shall remain available +through September 30, 2023: Provided further, That the funds made +available under this heading for activities eligible under sections +133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide +necessary charging infrastructure along corridor-ready or corridor- +pending alternative fuel corridors designated pursuant to section 151 +of title 23, United States Code, shall be apportioned to the States in +the same ratio as the obligation limitation for fiscal year 2020 is +distributed among the States in section 120(a)(5) of this Act: +Provided further, That, except as provided in the following proviso, +the funds made available under this heading for activities eligible +under the Puerto Rico Highway Program and activities eligible under the +Territorial Highway Program shall be administered as if allocated under +sections 165(b) and 165(c), respectively, of title 23, United States +Code, and shall remain available through September 30, 2023: Provided +further, That the funds made available under this heading for +activities eligible under the Puerto Rico Highway Program shall not be +subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of +such title: Provided further, That the funds made available under this +heading for the nationally significant Federal lands and tribal +projects program under section 1123 of the FAST Act shall remain +available through September 30, 2023: Provided further, That for the +purposes of funds made available under this heading for a bridge +replacement and rehabilitation program, (1) the term ``State'' means +any of the 50 States or the District of Columbia, and (2) the term +``qualifying State'' means any State in which the percentage of total +deck area of bridges classified as in poor condition in such State is +at least 5 percent: Provided further, That, of the funds made +available under this heading for a bridge replacement and +rehabilitation program, the Secretary shall reserve $6,000,000 for each +State that does not meet the definition of a qualifying State: +Provided further, That, after making the reservations under the +preceding proviso, the Secretary shall distribute the remaining funds +made available under this heading for a bridge replacement and +rehabilitation program to each qualifying State by the proportion that +the percentage of total deck area of bridges classified as in poor +condition in such qualifying State bears to the sum of the percentages +of total deck area of bridges classified as in poor condition in all +qualifying States: Provided further, That for the bridge replacement +and rehabilitation program: + (1) no qualifying State shall receive more than $50,000,000; + (2) each State shall receive an amount not less than + $6,000,000; and + (3) after calculating the distribution of funds pursuant to the + preceding proviso, any amount in excess of $50,000,000 shall be + redistributed equally among each State that does not meet the + definition of a qualifying State: + Provided further, That the funds made available under this heading +for a bridge replacement and rehabilitation program shall be used for +highway bridge replacement or rehabilitation projects on public roads: +Provided further, That for purposes of this heading for the bridge +replacement and rehabilitation program, the Secretary shall calculate +the percentages of total deck area of bridges (including the +percentages of total deck area classified as in poor condition) based +on the National Bridge Inventory as of December 31, 2018: Provided +further, That the funds made available under this heading for a bridge +replacement and rehabilitation program shall be administered as if +apportioned under chapter 1 of title 23, United States Code, and shall +remain available through September 30, 2023: Provided further, That +the funds made available under this heading, in paragraph (7) in the +third proviso, shall be available for projects eligible under section +130(a) of title 23, United States Code, for commuter authorities, as +defined in section 24102(2) of title 49, United States Code, that +experienced at least one accident investigated by the National +Transportation Safety Board between January 1, 2008 and December 31, +2018 and for which the National Transportation Safety Board issued an +accident report: Provided further, That the funds made available under +this heading, in paragraph (7) of the third proviso, shall be +administered as if apportioned under chapter 1 of title 23, United +States Code: Provided further, That for the purposes of funds made +available under this heading for construction of the Appalachian +Development Highway System, the term ``Appalachian State'' means a +State that contains 1 or more counties (including any political +subdivision located within the area) in the Appalachian region as +defined in section 14102(a) of title 40, United States Code: Provided +further, That funds made available under this heading for construction +of the Appalachian Development Highway System shall remain available +until expended: Provided further, That a project carried out with +funds made available under this heading for construction of the +Appalachian Development Highway System shall be carried out in the same +manner as a project under section 14501 of title 40, United States +Code: Provided further, That subject to the following proviso, funds +made available under this heading for construction of the Appalachian +Development Highway System shall be apportioned to Appalachian States +according to the percentages derived from the 2012 Appalachian +Development Highway System Cost-to-Complete Estimate, adopted in +Appalachian Regional Commission Resolution Number 736, and confirmed as +each Appalachian State's relative share of the estimated remaining need +to complete the Appalachian Development Highway System, adjusted to +exclude those corridors that such States have no current plans to +complete, as reported in the 2013 Appalachian Development Highway +System Completion Report: Provided further, That the Secretary shall +adjust apportionments made under the preceding proviso so that no +Appalachian State shall be apportioned an amount in excess of 30 +percent of the amount made available for construction of the +Appalachian Development Highway System under this heading: Provided +further, That the Secretary shall consult with the Appalachian Regional +Commission in making adjustments under the preceding two provisos: +Provided further, That the Federal share of the costs for which an +expenditure is made for construction of the Appalachian Development +Highway System under this heading shall be up to 100 percent: Provided +further, That amounts provided under this heading in paragraphs (7), +(8), and (9) shall remain available until expended. + + administrative provisions--federal highway administration + + Sec. 120. (a) For fiscal year 2020, the Secretary of Transportation +shall-- + (1) not distribute from the obligation limitation for Federal- + aid highways-- + (A) amounts authorized for administrative expenses and + programs by section 104(a) of title 23, United States Code; and + (B) amounts authorized for the Bureau of Transportation + Statistics; + (2) not distribute an amount from the obligation limitation for + Federal-aid highways that is equal to the unobligated balance of + amounts-- + (A) made available from the Highway Trust Fund (other than + the Mass Transit Account) for Federal-aid highway and highway + safety construction programs for previous fiscal years the + funds for which are allocated by the Secretary (or apportioned + by the Secretary under sections 202 or 204 of title 23, United + States Code); and + (B) for which obligation limitation was provided in a + previous fiscal year; + (3) determine the proportion that-- + (A) the obligation limitation for Federal-aid highways, + less the aggregate of amounts not distributed under paragraphs + (1) and (2) of this subsection; bears to + (B) the total of the sums authorized to be appropriated for + the Federal-aid highway and highway safety construction + programs (other than sums authorized to be appropriated for + provisions of law described in paragraphs (1) through (11) of + subsection (b) and sums authorized to be appropriated for + section 119 of title 23, United States Code, equal to the + amount referred to in subsection (b)(12) for such fiscal year), + less the aggregate of the amounts not distributed under + paragraphs (1) and (2) of this subsection; + (4) distribute the obligation limitation for Federal-aid + highways, less the aggregate amounts not distributed under + paragraphs (1) and (2), for each of the programs (other than + programs to which paragraph (1) applies) that are allocated by the + Secretary under the Fixing America's Surface Transportation Act and + title 23, United States Code, or apportioned by the Secretary under + sections 202 or 204 of that title, by multiplying-- + (A) the proportion determined under paragraph (3); by + (B) the amounts authorized to be appropriated for each such + program for such fiscal year; and + (5) distribute the obligation limitation for Federal-aid + highways, less the aggregate amounts not distributed under + paragraphs (1) and (2) and the amounts distributed under paragraph + (4), for Federal-aid highway and highway safety construction + programs that are apportioned by the Secretary under title 23, + United States Code (other than the amounts apportioned for the + National Highway Performance Program in section 119 of title 23, + United States Code, that are exempt from the limitation under + subsection (b)(12) and the amounts apportioned under sections 202 + and 204 of that title) in the proportion that-- + (A) amounts authorized to be appropriated for the programs + that are apportioned under title 23, United States Code, to + each State for such fiscal year; bears to + (B) the total of the amounts authorized to be appropriated + for the programs that are apportioned under title 23, United + States Code, to all States for such fiscal year. + (b) Exceptions From Obligation Limitation.--The obligation +limitation for Federal-aid highways shall not apply to obligations +under or for-- + (1) section 125 of title 23, United States Code; + (2) section 147 of the Surface Transportation Assistance Act of + 1978 (23 U.S.C. 144 note; 92 Stat. 2714); + (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. + 1701); + (4) subsections (b) and (j) of section 131 of the Surface + Transportation Assistance Act of 1982 (96 Stat. 2119); + (5) subsections (b) and (c) of section 149 of the Surface + Transportation and Uniform Relocation Assistance Act of 1987 (101 + Stat. 198); + (6) sections 1103 through 1108 of the Intermodal Surface + Transportation Efficiency Act of 1991 (105 Stat. 2027); + (7) section 157 of title 23, United States Code (as in effect + on June 8, 1998); + (8) section 105 of title 23, United States Code (as in effect + for fiscal years 1998 through 2004, but only in an amount equal to + $639,000,000 for each of those fiscal years); + (9) Federal-aid highway programs for which obligation authority + was made available under the Transportation Equity Act for the 21st + Century (112 Stat. 107) or subsequent Acts for multiple years or to + remain available until expended, but only to the extent that the + obligation authority has not lapsed or been used; + (10) section 105 of title 23, United States Code (as in effect + for fiscal years 2005 through 2012, but only in an amount equal to + $639,000,000 for each of those fiscal years); + (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat. + 1248), to the extent that funds obligated in accordance with that + section were not subject to a limitation on obligations at the time + at which the funds were initially made available for obligation; + and + (12) section 119 of title 23, United States Code (but, for each + of fiscal years 2013 through 2020, only in an amount equal to + $639,000,000). + (c) Redistribution of Unused Obligation Authority.--Notwithstanding +subsection (a), the Secretary shall, after August 1 of such fiscal +year-- + (1) revise a distribution of the obligation limitation made + available under subsection (a) if an amount distributed cannot be + obligated during that fiscal year; and + (2) redistribute sufficient amounts to those States able to + obligate amounts in addition to those previously distributed during + that fiscal year, giving priority to those States having large + unobligated balances of funds apportioned under sections 144 (as in + effect on the day before the date of enactment of Public Law 112- + 141) and 104 of title 23, United States Code. + (d) Applicability of Obligation Limitations to Transportation +Research Programs.-- + (1) In general.--Except as provided in paragraph (2), the + obligation limitation for Federal-aid highways shall apply to + contract authority for transportation research programs carried out + under-- + (A) chapter 5 of title 23, United States Code; and + (B) title VI of the Fixing America's Surface Transportation + Act. + (2) Exception.--Obligation authority made available under + paragraph (1) shall-- + (A) remain available for a period of 4 fiscal years; and + (B) be in addition to the amount of any limitation imposed + on obligations for Federal-aid highway and highway safety + construction programs for future fiscal years. + (e) Redistribution of Certain Authorized Funds.-- + (1) In general.--Not later than 30 days after the date of + distribution of obligation limitation under subsection (a), the + Secretary shall distribute to the States any funds (excluding funds + authorized for the program under section 202 of title 23, United + States Code) that-- + (A) are authorized to be appropriated for such fiscal year + for Federal-aid highway programs; and + (B) the Secretary determines will not be allocated to the + States (or will not be apportioned to the States under section + 204 of title 23, United States Code), and will not be available + for obligation, for such fiscal year because of the imposition + of any obligation limitation for such fiscal year. + (2) Ratio.--Funds shall be distributed under paragraph (1) in + the same proportion as the distribution of obligation authority + under subsection (a)(5). + (3) Availability.--Funds distributed to each State under + paragraph (1) shall be available for any purpose described in + section 133(b) of title 23, United States Code. + Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the +Bureau of Transportation Statistics from the sale of data products, for +necessary expenses incurred pursuant to chapter 63 of title 49, United +States Code, may be credited to the Federal-aid highways account for +the purpose of reimbursing the Bureau for such expenses: Provided, +That such funds shall be subject to the obligation limitation for +Federal-aid highway and highway safety construction programs. + Sec. 122. Not less than 15 days prior to waiving, under his or her +statutory authority, any Buy America requirement for Federal-aid +highways projects, the Secretary of Transportation shall make an +informal public notice and comment opportunity on the intent to issue +such waiver and the reasons therefor: Provided, That the Secretary +shall provide an annual report to the House and Senate Committees on +Appropriations on any waivers granted under the Buy America +requirements. + Sec. 123. None of the funds provided in this Act to the Department +of Transportation may be used to provide credit assistance unless not +less than 3 days before any application approval to provide credit +assistance under sections 603 and 604 of title 23, United States Code, +the Secretary of Transportation provides notification in writing to the +following committees: the House and Senate Committees on +Appropriations; the Committee on Environment and Public Works and the +Committee on Banking, Housing and Urban Affairs of the Senate; and the +Committee on Transportation and Infrastructure of the House of +Representatives: Provided, That such notification shall include, but +not be limited to, the name of the project sponsor; a description of +the project; whether credit assistance will be provided as a direct +loan, loan guarantee, or line of credit; and the amount of credit +assistance. + Sec. 124. None of the funds provided in this Act may be used to +make a grant for a project under section 117 of title 23, United States +Code, unless the Secretary, at least 60 days before making a grant +under that section, provides written notification to the House and +Senate Committees on Appropriations of the proposed grant, including an +evaluation and justification for the project and the amount of the +proposed grant award: Provided, That the written notification required +in the previous proviso shall be made no later than 180 days after +enactment of this Act. + Sec. 125. (a) A State or territory, as defined in section 165 of +title 23, United States Code, may use for any project eligible under +section 133(b) of title 23 or section 165 of title 23 and located +within the boundary of the State or territory any earmarked amount, and +any associated obligation limitation: Provided, That the Department of +Transportation for the State or territory for which the earmarked +amount was originally designated or directed notifies the Secretary of +Transportation of its intent to use its authority under this section +and submits a quarterly report to the Secretary identifying the +projects to which the funding would be applied. Notwithstanding the +original period of availability of funds to be obligated under this +section, such funds and associated obligation limitation shall remain +available for obligation for a period of 3 fiscal years after the +fiscal year in which the Secretary of Transportation is notified. The +Federal share of the cost of a project carried out with funds made +available under this section shall be the same as associated with the +earmark. + (b) In this section, the term ``earmarked amount'' means-- + (1) congressionally directed spending, as defined in rule XLIV + of the Standing Rules of the Senate, identified in a prior law, + report, or joint explanatory statement, which was authorized to be + appropriated or appropriated more than 10 fiscal years prior to the + current fiscal year, and administered by the Federal Highway + Administration; or + (2) a congressional earmark, as defined in rule XXI of the + Rules of the House of Representatives, identified in a prior law, + report, or joint explanatory statement, which was authorized to be + appropriated or appropriated more than 10 fiscal years prior to the + current fiscal year, and administered by the Federal Highway + Administration. + (c) The authority under subsection (a) may be exercised only for +those projects or activities that have obligated less than 10 percent +of the amount made available for obligation as of October 1 of the +current fiscal year, and shall be applied to projects within the same +general geographic area within 25 miles for which the funding was +designated, except that a State or territory may apply such authority +to unexpended balances of funds from projects or activities the State +or territory certifies have been closed and for which payments have +been made under a final voucher. + (d) The Secretary shall submit consolidated reports of the +information provided by the States and territories each quarter to the +House and Senate Committees on Appropriations. + Sec. 126. The following are repealed: + (1) Section 352 of the National Highway System Designation Act + of 1995 (Public Law 104-59, 109 Stat. 568). + (2) Section 324 of the Department of Transportation and Related + Agencies Appropriations Act, 1986 (Public Law 99-190; 99 Stat. + 1288). + (3) Section 325 of the Department of Transportation and Related + Agencies Appropriations Act, 1996 (Public Law 104-50; 109 Stat. + 456). +Notwithstanding any other provision of law, tolls collected for motor +vehicles on any bridge connecting the boroughs of Brooklyn, New York, +and Staten Island, New York, shall be collected for any such vehicles +exiting from such bridge in both Staten Island and Brooklyn. + Sec. 127. Section 125(d) of title 23, United States Code, is +amended by striking paragraph (4). + Sec. 128. Until final guidance is published, the Administrator of +the Federal Highway Administration shall make determinations on Buy +America waivers for those waivers that were submitted before April 17, +2018, as if the notice of proposed rulemaking of that date was not in +effect. + Sec. 129. Section 1948 of SAFETEA-LU (Public Law 109-59; 119 Stat. +1514) is repealed. + Sec. 129A. Section 119(e)(5) of title 23, United States Code, is +amended to read as follows: + ``(5) Requirement for plan.-- + ``(A) In general.--Notwithstanding section 120, each fiscal + year, if the Secretary determines that a State has not + developed and implemented a State asset management plan + consistent with this section, the Federal share payable on + account of any project or activity for which funds are + obligated by the State in that fiscal year under this section + shall be 65 percent. + ``(B) Determination.--The Secretary shall make the + determination under subparagraph (A) for a fiscal year not + later than the day before the beginning of such fiscal year.''. + + Federal Motor Carrier Safety Administration + + motor carrier safety operations and programs + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + For payment of obligations incurred in the implementation, +execution and administration of motor carrier safety operations and +programs pursuant to section 31110 of title 49, United States Code, as +amended by the Fixing America's Surface Transportation Act, +$288,000,000, to be derived from the Highway Trust Fund (other than the +Mass Transit Account), together with advances and reimbursements +received by the Federal Motor Carrier Safety Administration, the sum of +which shall remain available until expended: Provided, That funds +available for implementation, execution or administration of motor +carrier safety operations and programs authorized under title 49, +United States Code, shall not exceed total obligations of $288,000,000 +for ``Motor Carrier Safety Operations and Programs'' for fiscal year +2020, of which $9,073,000, to remain available for obligation until +September 30, 2022, is for the research and technology program, and of +which $35,334,000, to remain available for obligation until September +30, 2022, is for information management. + + motor carrier safety grants + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + For payment of obligations incurred in carrying out sections 31102, +31103, 31104, and 31313 of title 49, United States Code, as amended by +the Fixing America's Surface Transportation Act, $391,135,561, to be +derived from the Highway Trust Fund (other than the Mass Transit +Account) and to remain available until expended: Provided, That funds +available for the implementation or execution of motor carrier safety +programs shall not exceed total obligations of $391,135,561 in fiscal +year 2020 for ``Motor Carrier Safety Grants'': Provided further, That +of the sums appropriated under this heading: + (1) $308,700,000 shall be available for the motor carrier + safety assistance program; + (2) $33,200,000 shall be available for the commercial driver's + license program implementation program; + (3) $45,900,000 shall be available for the high priority + activities program, of which $1,000,000 is to be made available + from prior year unobligated contract authority provided for Motor + Carrier Safety in the Transportation Equity Act for the 21st + Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59), or + other appropriations or authorization Acts; and + (4) $3,335,561 shall be made available for commercial motor + vehicle operators grants, of which $2,335,561 is to be made + available from prior year unobligated contract authority provided + for Motor Carrier Safety in the Transportation Equity Act for the + 21st Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59), + or other appropriations or authorization Acts. + + administrative provisions--federal motor carrier safety administration + + Sec. 130. The Federal Motor Carrier Safety Administration shall +send notice of 49 CFR section 385.308 violations by certified mail, +registered mail, or another manner of delivery, which records the +receipt of the notice by the persons responsible for the violations. + Sec. 131. None of the funds appropriated or otherwise made +available to the Department of Transportation by this Act or any other +Act may be obligated or expended to implement, administer, or enforce +the requirements of section 31137 of title 49, United States Code, or +any regulation issued by the Secretary pursuant to such section, with +respect to the use of electronic logging devices by operators of +commercial motor vehicles, as defined in section 31132(1) of such +title, transporting livestock as defined in section 602 of the +Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or +insects. + Sec. 132. The Federal Motor Carrier Safety Administration shall +update annual inspection regulations under Appendix G to subchapter B +of chapter III of title 49, Code of Federal Regulations, as recommended +by GAO-19-264. + + National Highway Traffic Safety Administration + + operations and research + + For expenses necessary to discharge the functions of the Secretary, +with respect to traffic and highway safety authorized under chapter 301 +and part C of subtitle VI of title 49, United States Code, +$194,000,000, of which $40,000,000 shall remain available through +September 30, 2021. + + operations and research + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + For payment of obligations incurred in carrying out the provisions +of 23 U.S.C. 403, including behavioral research on Automated Driving +Systems and Advanced Driver Assistance Systems and improving consumer +responses to safety recalls, section 4011 of the Fixing America's +Surface Transportation Act (Public Law 114-94), and chapter 303 of +title 49, United States Code, $155,300,000, to be derived from the +Highway Trust Fund (other than the Mass Transit Account) and to remain +available until expended: Provided, That none of the funds in this Act +shall be available for the planning or execution of programs the total +obligations for which, in fiscal year 2020, are in excess of +$155,300,000: Provided further, That of the sums appropriated under +this heading-- + (1) $149,800,000 shall be for programs authorized under 23 + U.S.C. 403, including behavioral research on Automated Driving + Systems and Advanced Driver Assistance Systems and improving + consumer responses to safety recalls, and section 4011 of the + Fixing America's Surface Transportation Act (Public Law 114-94); + and + (2) $5,500,000 shall be for the National Driver Register + authorized under chapter 303 of title 49, United States Code: + Provided further, That within the $155,300,000 obligation limitation +for operations and research, $20,000,000 shall remain available until +September 30, 2021, and shall be in addition to the amount of any +limitation imposed on obligations for future years: Provided further, +That amounts for behavioral research on Automated Driving Systems and +Advanced Driver Assistance Systems and improving consumer responses to +safety recalls are in addition to any other funds provided for those +purposes for fiscal year 2020 in this Act. + + highway traffic safety grants + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + For payment of obligations incurred in carrying out provisions of +23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing +America's Surface Transportation Act, to remain available until +expended, $623,017,000, to be derived from the Highway Trust Fund +(other than the Mass Transit Account): Provided, That none of the +funds in this Act shall be available for the planning or execution of +programs for which the total obligations in fiscal year 2020 are in +excess of $623,017,000 for programs authorized under 23 U.S.C. 402, +404, and 405, and section 4001(a)(6) of the Fixing America's Surface +Transportation Act: Provided further, That of the sums appropriated +under this heading-- + (1) $279,800,000 shall be for ``Highway Safety Programs'' under + 23 U.S.C. 402; + (2) $285,900,000 shall be for ``National Priority Safety + Programs'' under 23 U.S.C. 405; + (3) $30,500,000 shall be for the ``High Visibility Enforcement + Program'' under 23 U.S.C. 404; and + (4) $26,817,000 shall be for ``Administrative Expenses'' under + section 4001(a)(6) of the Fixing America's Surface Transportation + Act: + Provided further, That none of these funds shall be used for +construction, rehabilitation, or remodeling costs, or for office +furnishings and fixtures for State, local or private buildings or +structures: Provided further, That not to exceed $500,000 of the funds +made available for ``National Priority Safety Programs'' under 23 +U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in +subsection (d) of that section) shall be available for technical +assistance to the States: Provided further, That with respect to the +``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts +transferred to increase the amounts made available under section 402 +shall include the obligation authority for such amounts: Provided +further, That the Administrator shall notify the House and Senate +Committees on Appropriations of any exercise of the authority granted +under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days. + + administrative provisions--national highway traffic safety + administration + + Sec. 140. An additional $130,000 shall be made available to the +National Highway Traffic Safety Administration, out of the amount +limited for section 402 of title 23, United States Code, to pay for +travel and related expenses for State management reviews and to pay for +core competency development training and related expenses for highway +safety staff. + Sec. 141. The limitations on obligations for the programs of the +National Highway Traffic Safety Administration set in this Act shall +not apply to obligations for which obligation authority was made +available in previous public laws but only to the extent that the +obligation authority has not lapsed or been used. + Sec. 142. In addition to the amounts made available under the +heading, ``Operations and Research (Liquidation of Contract +Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for +carrying out the provisions of section 403 of title 23, United States +Code, $17,000,000, to remain available until September 30, 2021, shall +be made available to the National Highway Traffic Safety Administration +from the general fund: Provided, That of the sums provided under this +provision-- + (1) not to exceed $7,000,000 shall be available to provide funding +for grants, pilot program activities, and innovative solutions to +reduce impaired-driving fatalities in collaboration with eligible +entities under section 403 of title 23, United States Code; and + (2) not to exceed $10,000,000 shall be available to continue a high +visibility enforcement paid-media campaign regarding highway-rail grade +crossing safety in collaboration with the Federal Railroad +Administration. + Sec. 143. None of the funds in this Act or any other Act shall be +used to enforce the requirements of 23 U.S.C. 405(a)(9). + + Federal Railroad Administration + + safety and operations + + For necessary expenses of the Federal Railroad Administration, not +otherwise provided for, $224,198,000, of which $20,000,000 shall remain +available until expended. + + railroad research and development + + For necessary expenses for railroad research and development, +$40,600,000, to remain available until expended. + + railroad rehabilitation and improvement financing program + + The Secretary of Transportation is authorized to issue direct loans +and loan guarantees pursuant to sections 501 through 504 of the +Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law +94-210), as amended, such authority shall exist as long as any such +direct loan or loan guarantee is outstanding. + + federal-state partnership for state of good repair + + For necessary expenses related to Federal-State Partnership for +State of Good Repair Grants as authorized by section 24911 of title 49, +United States Code, $200,000,000, to remain available until expended: +Provided, That the Secretary may withhold up to one percent of the +amount provided under this heading for the costs of award and project +management oversight of grants carried out under section 24911 of title +49, United States Code: Provided further, That the Secretary shall +issue the Notice of Funding Opportunity for funds provided under this +heading consistent with section 24911 of title 49, United States Code, +no later than 180 days after enactment of this Act: Provided further, +That the Secretary shall review all applications received in response +to the Notice of Funding Opportunity required in the previous proviso: +Provided further, That the Secretary shall announce the selection of +projects to receive awards for the funds described in the previous two +provisos no later than 1 year of enactment of this Act. + + consolidated rail infrastructure and safety improvements + + For necessary expenses related to Consolidated Rail Infrastructure +and Safety Improvements Grants, as authorized by section 22907 of title +49, United States Code, $325,000,000, to remain available until +expended: Provided, That section 22905(f) of title 49, United States +Code, shall not apply to projects for the implementation of positive +train control systems otherwise eligible under section 22907(c)(1) of +title 49, United States Code: Provided further, That amounts available +under this heading for projects selected for commuter rail passenger +transportation may be transferred by the Secretary, after selection, to +the appropriate agencies to be administered in accordance with chapter +53 of title 49, United States Code: Provided further, That the +Secretary shall not limit eligible projects from consideration for +funding for planning, engineering, environmental, construction, and +design elements of the same project in the same application: Provided +further, That unobligated balances remaining after 4 years from the +date of enactment may be used for any eligible project under section +22907(c) of title 49, United States Code: Provided further, That the +Secretary may withhold up to one percent of the amount provided under +this heading for the costs of award and project management oversight of +grants carried out under section 22907 of title 49, United States Code: + Provided further, That of the sums appropriated under this heading, +$45,000,000 shall be available for projects eligible under section +22907(c)(2) of title 49, United States Code, that require the +acquisition of rights-of-way, track, or track structure to support the +development of new intercity passenger rail service routes: Provided +further, That for amounts available under this heading eligible +recipients under section 22907(b) of title 49, United States Code, +shall include any holding company of a Class II railroad or Class III +railroad (as those terms are defined in section 20102 of title 49, +United States Code): Provided further, That the Secretary shall issue +the Notice of Funding Opportunity that encompasses funds provided under +this heading in this Act no later than 120 days after enactment of this +Act and announce the selection of projects to receive awards for such +funds no later than 300 days after the enactment of this Act: Provided +further, That the Notice of Funding Opportunity under the previous +proviso shall require application submissions 60 days after the +publishing of such Notice. + + magnetic levitation technology deployment program + + For necessary expenses related to the deployment of magnetic +levitation transportation projects, consistent with language in section +1307(a) through (c) of Public Law 109-59, as amended by section 102 of +Public Law 110-244 (section 322 of title 23, United States Code), +$2,000,000, to remain available until expended. + + restoration and enhancement + + For necessary expenses related to Restoration and Enhancement +Grants, as authorized by section 24408 of title 49, United States Code, +$2,000,000, to remain available until expended: Provided, That the +Secretary may withhold up to one percent of the funds provided under +this heading to fund the costs of award and project management and +oversight. + + northeast corridor grants to the national railroad passenger + corporation + + To enable the Secretary of Transportation to make grants to the +National Railroad Passenger Corporation for activities associated with +the Northeast Corridor as authorized by section 11101(a) of the Fixing +America's Surface Transportation Act (division A of Public Law 114-94), +$700,000,000, to remain available until expended: Provided, That the +Secretary may retain up to one-half of 1 percent of the funds provided +under both this heading and the ``National Network Grants to the +National Railroad Passenger Corporation'' heading to fund the costs of +project management and oversight of activities authorized by section +11101(c) of division A of Public Law 114-94: Provided further, That in +addition to the project management oversight funds authorized under +section 11101(c) of division A of Public Law 114-94, the Secretary may +retain up to an additional $5,000,000 of the funds provided under this +heading to fund expenses associated with the Northeast Corridor +Commission established under section 24905 of title 49, United States +Code: Provided further, That of the amounts made available under this +heading and the ``National Network Grants to the National Railroad +Passenger Corporation'' heading, not less than $50,000,000 shall be +made available to bring Amtrak-served facilities and stations into +compliance with the Americans with Disabilities Act: Provided further, +That of the amounts made available under this heading and the +``National Network Grants to the National Railroad Passenger +Corporation'' heading, $100,000,000 shall be made available to fund the +replacement of the single-level passenger cars used on Northeast +Corridor, State Supported Corridor, and Long Distance routes. + + national network grants to the national railroad passenger corporation + + To enable the Secretary of Transportation to make grants to the +National Railroad Passenger Corporation for activities associated with +the National Network as authorized by section 11101(b) of the Fixing +America's Surface Transportation Act (division A of Public Law 114-94), +$1,300,000,000, to remain available until expended: Provided, That the +Secretary may retain up to an additional $2,000,000 of the funds +provided under this heading to fund expenses associated with the State- +Supported Route Committee established under section 24712 of title 49, +United States Code: Provided further, That at least $50,000,000 of the +amount provided under this heading shall be available for the +development, installation and operation of railroad safety technology, +including the implementation of a positive train control system, on +State-supported routes as defined under section 24102(13) of title 49, +United States Code, on which positive train control systems are not +required by law or regulation: Provided further, That none of the +funds provided under this heading shall be used by Amtrak to give +notice under subsection (a) or (b) of section 24706 of title 49, United +States Code, with respect to long-distance routes (as defined in +section 24102 of title 49, United States Code) on which Amtrak is the +sole operator on a host railroad's line and a positive train control +system is not required by law or regulation, or, except in an emergency +or during maintenance or construction outages impacting such routes, to +otherwise discontinue, reduce the frequency of, suspend, or +substantially alter the route of rail service on any portion of such +route operated in fiscal year 2018, including implementation of service +permitted by section 24305(a)(3)(A) of title 49, United States Code, in +lieu of rail service. + + administrative provisions--federal railroad administration + + Sec. 150. None of the funds provided to the National Railroad +Passenger Corporation may be used to fund any overtime costs in excess +of $35,000 for any individual employee: Provided, That the President +of Amtrak may waive the cap set in the previous proviso for specific +employees when the President of Amtrak determines such a cap poses a +risk to the safety and operational efficiency of the system: Provided +further, That the President of Amtrak shall report to the House and +Senate Committees on Appropriations within 60 days of enactment of this +Act, a summary of all overtime payments incurred by the Corporation for +2019 and the three prior calendar years: Provided further, That such +summary shall include the total number of employees that received +waivers and the total overtime payments the Corporation paid to those +employees receiving waivers for each month for 2019 and for the three +prior calendar years. + Sec. 151. None of the funds provided to the National Railroad +Passenger Corporation under the headings ``Northeast Corridor Grants to +the National Railroad Passenger Corporation'' and ``National Network +Grants to the National Railroad Passenger Corporation'' may be used to +reduce the total number of Amtrak Police Department uniformed officers +patrolling on board passenger trains or at stations, facilities or +rights-of-way below the staffing level on May 1, 2019. + Sec. 152. It is the sense of Congress that-- + (1) long-distance passenger rail routes provide much-needed + transportation access for 4,700,000 riders in 325 communities in 40 + States and are particularly important in rural areas; and + (2) long-distance passenger rail routes and services should be + sustained to ensure connectivity throughout the National Network + (as defined in section 24102 of title 49, United States Code). + Sec. 153. None of the funds made available by this Act may be used +by the National Railroad Passenger Corporation in contravention of the +Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et +seq.). + + Federal Transit Administration + + administrative expenses + + For necessary administrative expenses of the Federal Transit +Administration's programs authorized by chapter 53 of title 49, United +States Code, $117,000,000, of which $15,000,000 shall remain available +until September 30, 2021, and up to $1,000,000 shall be available to +carry out the provisions of section 5326 of such title: Provided, That +upon submission to the Congress of the fiscal year 2021 President's +budget, the Secretary of Transportation shall transmit to Congress the +annual report on Capital Investment Grants, including proposed +allocations for fiscal year 2021. + + transit formula grants + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + For payment of obligations incurred in the Federal Public +Transportation Assistance Program in this account, and for payment of +obligations incurred in carrying out the provisions of 49 U.S.C. 5305, +5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and +5340, as amended by the Fixing America's Surface Transportation Act, +section 20005(b) of Public Law 112-141, and section 3006(b) of the +Fixing America's Surface Transportation Act, $10,800,000,000, to be +derived from the Mass Transit Account of the Highway Trust Fund and to +remain available until expended: Provided, That funds available for +the implementation or execution of programs authorized under 49 U.S.C. +5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, +and 5340, as amended by the Fixing America's Surface Transportation +Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the +Fixing America's Surface Transportation Act, shall not exceed total +obligations of $10,150,348,462 in fiscal year 2020: Provided further, +That the Federal share of the cost of activities carried out under 49 +U.S.C. section 5312 shall not exceed 80 percent, except that if there +is substantial public interest or benefit, the Secretary may approve a +greater Federal share: Provided further, That in addition to the +amounts appropriated for purposes of 49 U.S.C. 5338(e), not less than 2 +percent of the funds appropriated or available for the purposes of 49 +U.S.C. 5338(f) shall be available for the purposes of 49 U.S.C. +5338(e). + + transit infrastructure grants + + For an additional amount for buses and bus facilities grants under +section 5339 of title 49, United States Code, low or no emission grants +under section 5339(c) of such title, formula grants to rural areas +under section 5311 of such title, high density state apportionments +under section 5340(d) of such title, the demonstration and deployment +of innovative mobility solutions as authorized under section 5312 of +such title, bus testing facilities under sections 5312 and 5318 of such +title, and for grants to areas of persistent poverty, $510,000,000, to +remain available until expended: Provided, That of the sums provided +under this heading-- + (1) $338,000,000 shall be available for the buses and bus + facilities competitive grants as authorized under section 5339 of + such title, of which $168,000,000 shall be available for the buses + and bus facilities formula grants as authorized under section + 5339(a) of such title, and $170,000,000 shall be available for + buses and bus facilities competitive grants as authorized under + section 5339(b) of such title; + (2) $75,000,000 shall be available for the low or no emission + grants as authorized under section 5339(c) of such title: + Provided, That the minimum grant award shall be not less than + $750,000; + (3) $40,000,000 shall be available for formula grants for rural + areas as authorized under section 5311 of such title; + (4) $40,000,000 shall be available for the high density state + apportionments as authorized under section 5340(d) of such title; + (5) Notwithstanding section 5318(a) of such title, $3,000,000 + shall be available for the operation and maintenance of bus testing + facilities by institutions of higher education selected pursuant to + section 5312(h): Provided, That the Secretary shall enter into a + contract or cooperative agreement with, or make a grant to, each + institution of higher education selected pursuant to section + 5312(h) of such title, to operate and maintain a facility to + conduct the testing of low or no emission vehicle new bus models + using the standards established pursuant to section 5318(e)(2) of + such title: Provided further, That the term ``low or no emission + vehicle'' has the meaning given the term in section 5312(e)(6) of + such title: Provided further, That the Secretary shall pay 80 + percent of the cost of testing a low or no emission vehicle new bus + model at each selected institution of higher education: Provided + further, That the entity having the vehicle tested shall pay 20 + percent of the cost of testing: Provided further, That a low or no + emission vehicle new bus model tested that receives a passing + aggregate test score in accordance with the standards established + under section 5318(e)(2) of such title, shall be deemed to be in + compliance with the requirements of section 5318(e) of such title; + (6) $5,500,000 shall be available for the demonstration and + deployment of innovative mobility solutions as authorized under + section 5312 of such title; and + (7) $8,500,000 shall be available for competitive grants to + eligible entities to assist areas of persistent poverty: Provided, + That areas of persistent poverty means any county that has + consistently had 20 percent or more of the population living in + poverty over the 30 years preceding the date of enactment of this + Act, as measured by the 1990 and 2000 decennial census and the most + recent Small Area Income and Poverty Estimates, or any census tract + with a poverty rate of at least 20 percent as measured by the 2013- + 2017 5-year data series available from the American Community + Survey of the Census Bureau: Provided further, That grants shall + be for planning, engineering, or development of technical, or + financing plans for projects eligible under chapter 53 of title 49, + United States Code: Provided further, That eligible entities are + those defined as eligible recipients or subrecipients under + sections 5307, 5310 or 5311 of title 49, United States Code, and + are in areas of persistent poverty: Provided further, That the + Federal Transit Administration should complete outreach to such + counties and the departments of transportation within applicable + States via personal contact, webinars, web materials and other + appropriate methods determined by the Administrator: Provided + further, That State departments of transportation may apply on + behalf of eligible entities within their States: Provided further, + That the Federal Transit Administration should encourage grantees + to work with non-profits or other entities of their choosing in + order to develop planning, technical, engineering, or financing + plans: Provided further, That the Federal Transit Administration + should encourage grantees to partner with non-profits that can + assist with making projects low or no emissions: Provided further, + That projects funded under paragraph (7) of this heading shall be + for not less than 90 percent of the net total project cost: + Provided further, That amounts made available by this heading shall +be derived from the general fund: Provided further, That the amounts +made available under this heading shall not be subject to any +limitation on obligations for transit programs set forth in any Act. + + technical assistance and training + + For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000, to +remain available until September 30, 2021, of which not less than +$2,500,000 shall be for a cooperative agreement through which the +Federal Transit Administration assists transit recipients with +frontline workforce development and standards based training in +maintenance and operations through an agreement with a national +nonprofit organization with a demonstrated capacity to develop and +provide such programs though labor management partnerships and +apprenticeships: Provided, That the assistance provided under this +heading does not duplicate the activities of 49 U.S.C. 5311(b) or 49 +U.S.C. 5312. + + capital investment grants + + For necessary expenses to carry out fixed guideway capital +investment grants under section 5309 of title 49, United States Code, +and section 3005(b) of the Fixing America's Surface Transportation Act, +$1,978,000,000, to remain available until September 30, 2023: +Provided, That of the amounts made available under this heading, +$1,681,300,000 shall be allocated by December 31, 2021: Provided +further, That of the amounts made available under this heading, +$1,458,000,000 shall be available for projects authorized under section +5309(d) of title 49, United States Code, $300,000,000 shall be +available for projects authorized under section 5309(e) of title 49, +United States Code, $100,000,000 shall be available for projects +authorized under section 5309(h) of title 49, United States Code, and +$100,000,000 shall be available for projects authorized under section +3005(b) of the Fixing America's Surface Transportation Act: Provided +further, That the Secretary shall continue to administer the capital +investment grants program in accordance with the procedural and +substantive requirements of section 5309 of title 49, United States +Code, and of section 3005(b) of the Fixing America's Surface +Transportation Act: Provided further, That projects that receive a +grant agreement under the Expedited Project Delivery for Capital +Investment Grants Pilot Program under section 3005(b) of the Fixing +America's Surface Transportation Act shall be deemed eligible for +funding provided for projects under section 5309 of title 49, United +States Code, without further evaluation or rating under such section: +Provided further, That such funding shall not exceed the Federal share +under section 3005(b). + + grants to the washington metropolitan area transit authority + + For grants to the Washington Metropolitan Area Transit Authority as +authorized under section 601 of division B of Public Law 110-432, +$150,000,000, to remain available until expended: Provided, That the +Secretary of Transportation shall approve grants for capital and +preventive maintenance expenditures for the Washington Metropolitan +Area Transit Authority only after receiving and reviewing a request for +each specific project: Provided further, That the Secretary shall +determine that the Washington Metropolitan Area Transit Authority has +placed the highest priority on those investments that will improve the +safety of the system before approving such grants: Provided further, +That the Secretary, in order to ensure safety throughout the rail +system, may waive the requirements of section 601(e)(1) of division B +of Public Law 110-432. + + administrative provisions--federal transit administration + + Sec. 160. The limitations on obligations for the programs of the +Federal Transit Administration shall not apply to any authority under +49 U.S.C. 5338, previously made available for obligation, or to any +other authority previously made available for obligation. + Sec. 161. Notwithstanding any other provision of law, funds +appropriated or limited by this Act under the heading ``Fixed Guideway +Capital Investment'' of the Federal Transit Administration for projects +specified in this Act or identified in reports accompanying this Act +not obligated by September 30, 2023, and other recoveries, shall be +directed to projects eligible to use the funds for the purposes for +which they were originally provided. + Sec. 162. Notwithstanding any other provision of law, any funds +appropriated before October 1, 2019, under any section of chapter 53 of +title 49, United States Code, that remain available for expenditure, +may be transferred to and administered under the most recent +appropriation heading for any such section. + Sec. 163. No funds in this or any other Act shall be used to +adjust apportionments or withhold funds from apportionments pursuant to +26 U.S.C. 9503(e)(4). + Sec. 164. An eligible recipient of a grant under section 5339(c) +may submit an application in partnership with other entities, including +a transit vehicle manufacturer, that intend to participate in the +implementation of a project under section 5339(c) of title 49, United +States Code, and a project awarded with such partnership shall be +treated as satisfying the requirement for a competitive procurement +under section 5325(a) of title 49, United States Code, for the named +entity. + Sec. 165. None of the funds made available in this or any other +Act shall be used to impede or hinder project advancement or approval +for any project seeking a Federal contribution from the capital +investment grant program of greater than 40 percent of project costs as +authorized under 49 U.S.C. 5309. + Sec. 166. None of the funds made available under this Act may be +used for the implementation or furtherance of new policies detailed in +the ``Dear Colleague'' letter distributed by the Federal Transit +Administration to capital investment grant program project sponsors on +June 29, 2018. + + Saint Lawrence Seaway Development Corporation + + The Saint Lawrence Seaway Development Corporation is hereby +authorized to make such expenditures, within the limits of funds and +borrowing authority available to the Corporation, and in accord with +law, and to make such contracts and commitments without regard to +fiscal year limitations, as provided by section 104 of the Government +Corporation Control Act, as amended, as may be necessary in carrying +out the programs set forth in the Corporation's budget for the current +fiscal year. + + operations and maintenance + + (harbor maintenance trust fund) + + For necessary expenses to conduct the operations, maintenance, and +capital asset renewal activities on those portions of the Saint +Lawrence Seaway owned, operated, and maintained by the Saint Lawrence +Seaway Development Corporation, $38,000,000, to be derived from the +Harbor Maintenance Trust Fund, pursuant to Public Law 99-662: +Provided, That of the amounts made available under this heading, not +less than $16,000,000 shall be used on capital asset renewal +activities. + + Maritime Administration + + maritime security program + + For necessary expenses to maintain and preserve a U.S.-flag +merchant fleet to serve the national security needs of the United +States, $300,000,000, to remain available until expended. + + operations and training + + (including transfer of funds) + + For necessary expenses of operations and training activities +authorized by law, $152,589,000: Provided, That of the sums +appropriated under this heading-- + (1) $80,216,000 shall remain available until September 30, 2021 + for the operations of the United States Merchant Marine Academy; + (2) $5,225,000 shall remain available until expended for the + maintenance and repair, and equipment at the United States Merchant + Marine Academy; + (3) $3,000,000 shall remain available until September 30, 2021 + for the Maritime Environment and Technology Assistance program + authorized under section 50307 of title 46, United States Code; and + (4) $9,775,000, shall remain available until expended for the + Short Sea Transportation Program (America's Marine Highways) to + make grants for the purposes authorized under sections 55601(b)(1) + and (3) of title 46, United States Code: + Provided further, That not later than 120 days after enactment of +this Act, the Administrator of the Maritime Administration shall +transmit to the House and Senate Committees on Appropriations the +annual report on sexual assault and sexual harassment at the United +States Merchant Marine Academy as required pursuant to section 3507 of +Public Law 110-417: Provided further, That available balances under +this heading for the Short Sea Transportation Program (America's Marine +Highways) from prior year recoveries shall be available to carry out +activities authorized under sections 55601(b)(1) and (3) of title 46, +United States Code: Provided further, That from funds provided under +paragraphs (3) and (4) of the first proviso, the Secretary of +Transportation shall make grants no later than 180 days after enactment +of this Act in such amounts as the Secretary determines: Provided +further, That any unobligated balances and obligated balances not yet +expended from previous appropriations under this heading for programs +and activities supporting State Maritime Academies shall be transferred +to and merged with the appropriations for ``Maritime Administration-- +State Maritime Academy Operations'' and shall be made available for the +same purposes as the appropriations for ``Maritime Administration-- +State Maritime Academy Operations''. + + state maritime academy operations + + For necessary expenses of operations, support and training +activities for State Maritime Academies, $342,280,000: Provided, That +of the sums appropriated under this heading-- + (1) $30,080,000, to remain available until expended, shall be + for maintenance, repair, life extension, marine insurance, and + capacity improvement of National Defense Reserve Fleet training + ships in support of State Maritime Academies, of which $8,080,000, + to remain available until expended, shall be for expenses related + to training mariners for costs associated with training vessel + sharing pursuant to 46 U.S.C. 51504(g)(3) for costs associated with + mobilizing, operating and demobilizing the vessel, including travel + costs for students, faculty and crew, the costs of the general + agent, crew costs, fuel, insurance, operational fees, and vessel + hire costs, as determined by the Secretary; + (2) $300,000,000, to remain available until expended, shall be + for the National Security Multi-Mission Vessel Program, including + funds for construction, planning, administration, and design of + school ships; + (3) $2,400,000 shall remain available through September 30, + 2021, for the Student Incentive Program; + (4) $3,800,000 shall remain available until expended for + training ship fuel assistance; and + (5) $6,000,000 shall remain available until September 30, 2021, + for direct payments for State Maritime Academies. + + assistance to small shipyards + + To make grants to qualified shipyards as authorized under section +54101 of title 46, United States Code, as amended by Public Law 113- +281, $20,000,000, to remain available until expended. + + ship disposal + + For necessary expenses related to the disposal of obsolete vessels +in the National Defense Reserve Fleet of the Maritime Administration, +$5,000,000, to remain available until expended. + + maritime guaranteed loan (title xi) program account + + (including transfer of funds) + + For administrative expenses to carry out the guaranteed loan +program, $3,000,000, which shall be transferred to and merged with the +appropriations for ``Operations and Training'', Maritime +Administration. + + port infrastructure development program + + To make grants to improve port facilities as authorized under +section 50302 of title 46, United States Code, $225,000,000 to remain +available until expended: Provided, That projects eligible for funding +provided under this heading shall be projects for coastal seaports, +inland river ports, or Great Lakes ports: Provided further, That of +the amounts made available under this heading, no less than +$200,000,000 shall be for coastal seaports or Great Lakes ports: +Provided further, That the Maritime Administration shall distribute +funds provided under this heading as discretionary grants to port +authorities or commissions or their subdivisions and agents under +existing authority, as well as to a State or political subdivision of a +State or local government, a tribal government, a public agency or +publicly chartered authority established by one or more States, a +special purpose district with a transportation function, a multistate +or multijurisdictional group of entities, or a lead entity described +above jointly with a private entity or group of private entities: +Provided further, That projects eligible for funding provided under +this heading shall be designed to improve the safety, efficiency, or +reliability of the movement of goods into, out of, around, or within a +port and located-- + (1) within the boundary of a port, or + (2) outside the boundary of a port, and directly related to + port operations, or to an intermodal connection to a port: + Provided further, That project awards eligible under this heading +shall be only for-- + (1) port gate improvements; + (2) road improvements both within and connecting to the port; + (3) rail improvements both within and connecting to the port; + (4) berth improvements (including docks, wharves, piers and + dredging incidental to the improvement project); + (5) fixed landside improvements in support of cargo operations + (such as silos, elevators, conveyors, container terminals, Ro/Ro + structures including parking garages necessary for intermodal + freight transfer, warehouses including refrigerated facilities, + lay-down areas, transit sheds, and other such facilities); + (6) utilities necessary for safe operations (including + lighting, stormwater, and other such improvements that are + incidental to a larger infrastructure project); or + (7) a combination of activities described above: + Provided further, That the Federal share of the costs for which an +expenditure is made under this heading shall be up to 80 percent: +Provided further, That for grants awarded under this heading, the +minimum grant size shall be $1,000,000: Provided further, That for +grant awards less than $10,000,000, the Secretary shall prioritize +ports that handled less than 10,000,000 short tons in 2017, as +identified by the U.S. Army Corps of Engineers: Provided further, That +for grant awards less than $10,000,000, the Secretary may increase the +Federal share of costs above 80 percent: Provided further, That not to +exceed 2 percent of the funds appropriated under this heading shall be +available for necessary costs of grant administration. + + administrative provisions--maritime administration + + Sec. 170. Notwithstanding any other provision of this Act, in +addition to any existing authority, the Maritime Administration is +authorized to furnish utilities and services and make necessary repairs +in connection with any lease, contract, or occupancy involving +Government property under control of the Maritime Administration: +Provided, That payments received therefor shall be credited to the +appropriation charged with the cost thereof and shall remain available +until expended: Provided further, That rental payments under any such +lease, contract, or occupancy for items other than such utilities, +services, or repairs shall be covered into the Treasury as +miscellaneous receipts. + + Pipeline and Hazardous Materials Safety Administration + + operational expenses + + For necessary operational expenses of the Pipeline and Hazardous +Materials Safety Administration, $24,215,000, of which $1,500,000 shall +remain available until September 30, 2022: Provided, That no later +than 90 days after enactment of this Act, the Secretary of +Transportation shall initiate a rulemaking on automatic and remote- +controlled shut-off valves and hazardous liquid pipeline facilities +leak detection systems as required under section 4 and section 8 of the +Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 +(Public Law 112-90), respectively, and shall issue a final rule no +later than one year after enactment of this Act. + + hazardous materials safety + + For expenses necessary to discharge the hazardous materials safety +functions of the Pipeline and Hazardous Materials Safety +Administration, $61,000,000, of which $11,000,000 shall remain +available until September 30, 2022: Provided, That up to $800,000 in +fees collected under 49 U.S.C. 5108(g) shall be deposited in the +general fund of the Treasury as offsetting receipts: Provided further, +That there may be credited to this appropriation, to be available until +expended, funds received from States, counties, municipalities, other +public authorities, and private sources for expenses incurred for +training, for reports publication and dissemination, and for travel +expenses incurred in performance of hazardous materials exemptions and +approvals functions. + + pipeline safety + + (pipeline safety fund) + + (oil spill liability trust fund) + + For expenses necessary to carry out a pipeline safety program, as +authorized by 49 U.S.C. 60107, and to discharge the pipeline program +responsibilities of the Oil Pollution Act of 1990, $168,000,000, to +remain available until September 30, 2022, of which $23,000,000 shall +be derived from the Oil Spill Liability Trust Fund; of which +$137,000,000 shall be derived from the Pipeline Safety Fund; and of +which $8,000,000 shall be derived from fees collected under 49 U.S.C. +60302 and deposited in the Underground Natural Gas Storage Facility +Safety Account for the purpose of carrying out 49 U.S.C. 60141: +Provided, That not less than $1,058,000 of the funds provided under +this heading shall be for the One-Call State grant program. + + emergency preparedness grants + + (emergency preparedness fund) + + For expenses necessary to carry out the Emergency Preparedness +Grants program, not more than $28,318,000 shall remain available until +September 30, 2022, from amounts made available by 49 U.S.C. 5116(h), +and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C. +5116(h)(4), not more than 4 percent of the amounts made available from +this account shall be available to pay administrative costs: Provided +further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current +year obligation limitation, prior year recoveries recognized in the +current year shall be available to develop a hazardous materials +response training curriculum for emergency responders, including +response activities for the transportation of crude oil, ethanol and +other flammable liquids by rail, consistent with National Fire +Protection Association standards, and to make such training available +through an electronic format: Provided further, That the prior year +recoveries made available under this heading shall also be available to +carry out 49 U.S.C. 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e). + + Office of Inspector General + + salaries and expenses + + For necessary expenses of the Office of Inspector General to carry +out the provisions of the Inspector General Act of 1978, as amended, +$94,600,000: Provided, That the Inspector General shall have all +necessary authority, in carrying out the duties specified in the +Inspector General Act, as amended (5 U.S.C. App. 3), to investigate +allegations of fraud, including false statements to the government (18 +U.S.C. 1001), by any person or entity that is subject to regulation by +the Department of Transportation. + + General Provisions--Department of Transportation + + Sec. 180. (a) During the current fiscal year, applicable +appropriations to the Department of Transportation shall be available +for maintenance and operation of aircraft; hire of passenger motor +vehicles and aircraft; purchase of liability insurance for motor +vehicles operating in foreign countries on official department +business; and uniforms or allowances therefor, as authorized by law (5 +U.S.C. 5901-5902). + (b) During the current fiscal year, applicable appropriations to +the Department and its operating administrations shall be available for +the purchase, maintenance, operation, and deployment of unmanned +aircraft systems that advance the Department's, or its operating +administrations', missions. + (c) Any unmanned aircraft system purchased or procured by the +Department prior to the enactment of this Act shall be deemed +authorized. + Sec. 181. Appropriations contained in this Act for the Department +of Transportation shall be available for services as authorized by 5 +U.S.C. 3109, but at rates for individuals not to exceed the per diem +rate equivalent to the rate for an Executive Level IV. + Sec. 182. (a) No recipient of funds made available in this Act +shall disseminate personal information (as defined in 18 U.S.C. +2725(3)) obtained by a State department of motor vehicles in connection +with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as +provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. + (b) Notwithstanding subsection (a), the Secretary shall not +withhold funds provided in this Act for any grantee if a State is in +noncompliance with this provision. + Sec. 183. None of the funds in this Act shall be available for +salaries and expenses of more than 125 political and Presidential +appointees in the Department of Transportation: Provided, That none of +the personnel covered by this provision may be assigned on temporary +detail outside the Department of Transportation. + Sec. 184. Funds received by the Federal Highway Administration and +Federal Railroad Administration from States, counties, municipalities, +other public authorities, and private sources for expenses incurred for +training may be credited respectively to the Federal Highway +Administration's ``Federal-Aid Highways'' account and to the Federal +Railroad Administration's ``Safety and Operations'' account, except for +State rail safety inspectors participating in training pursuant to 49 +U.S.C. 20105. + Sec. 185. (a) None of the funds provided in this Act to the +Department of Transportation may be used to make a loan, loan +guarantee, line of credit, or discretionary grant unless the Secretary +of Transportation notifies the House and Senate Committees on +Appropriations not less than 3 full business days before any project +competitively selected to receive any discretionary grant award, letter +of intent, loan commitment, loan guarantee commitment, line of credit +commitment, or full funding grant agreement is announced by the +Department or its modal administrations: Provided, That the Secretary +gives concurrent notification to the House and Senate Committees on +Appropriations for any ``quick release'' of funds from the emergency +relief program: Provided further, That no notification shall involve +funds that are not available for obligation. + (b) In addition to the notification required in subsection (a), +none of the funds made available in this Act to the Department of +Transportation may be used to make a loan, loan guarantee, line of +credit, cooperative agreement or discretionary grant unless the +Secretary of Transportation provides the House and Senate Committees on +Appropriations a comprehensive list of all such loans, loan guarantees, +lines of credit, cooperative agreement or discretionary grants that +will be announced not less the 3 full business days before such +announcement: Provided, That the Department shall provide the list +required in this subsection prior to the notification required in +subsection (a): Provided further, That the requirement to provide a +list in this subsection does not apply to any ``quick release'' of +funds from the emergency relief program: Provided further, That no +list shall involve funds that are not available for obligation. + Sec. 186. Rebates, refunds, incentive payments, minor fees and +other funds received by the Department of Transportation from travel +management centers, charge card programs, the subleasing of building +space, and miscellaneous sources are to be credited to appropriations +of the Department of Transportation and allocated to elements of the +Department of Transportation using fair and equitable criteria and such +funds shall be available until expended. + Sec. 187. Amounts made available in this or any prior Act that the +Secretary determines represent improper payments by the Department of +Transportation to a third-party contractor under a financial assistance +award, which are recovered pursuant to law, shall be available-- + (1) to reimburse the actual expenses incurred by the Department + of Transportation in recovering improper payments: Provided, That + amounts made available in this Act shall be available until + expended; and + (2) to pay contractors for services provided in recovering + improper payments or contractor support in the implementation of + the Improper Payments Information Act of 2002, as amended by the + Improper Payments Elimination and Recovery Act of 2010 and Improper + Payments Elimination and Recovery Improvement Act of 2012, and + Fraud Reduction and Data Analytics Act of 2015: Provided, That + amounts in excess of that required for paragraphs (1) and (2)-- + (A) shall be credited to and merged with the appropriation + from which the improper payments were made, and shall be + available for the purposes and period for which such + appropriations are available: Provided further, That where + specific project or accounting information associated with the + improper payment or payments is not readily available, the + Secretary may credit an appropriate account, which shall be + available for the purposes and period associated with the + account so credited; or + (B) if no such appropriation remains available, shall be + deposited in the Treasury as miscellaneous receipts: Provided + further, That prior to depositing such recovery in the + Treasury, the Secretary shall notify the House and Senate + Committees on Appropriations of the amount and reasons for such + transfer: Provided further, That for purposes of this section, + the term ``improper payments'' has the same meaning as that + provided in section 2(e)(2) of Public Law 111-204. + Sec. 188. Notwithstanding any other provision of law, if any funds +provided in or limited by this Act are subject to a reprogramming +action that requires notice to be provided to the House and Senate +Committees on Appropriations, transmission of said reprogramming notice +shall be provided solely to the House and Senate Committees on +Appropriations, and said reprogramming action shall be approved or +denied solely by the House and Senate Committees on Appropriations: +Provided, That the Secretary of Transportation may provide notice to +other congressional committees of the action of the House and Senate +Committees on Appropriations on such reprogramming but not sooner than +30 days following the date on which the reprogramming action has been +approved or denied by the House and Senate Committees on +Appropriations. + Sec. 189. Funds appropriated in this Act to the modal +administrations may be obligated for the Office of the Secretary for +the costs related to assessments or reimbursable agreements only when +such amounts are for the costs of goods and services that are purchased +to provide a direct benefit to the applicable modal administration or +administrations. + Sec. 190. The Secretary of Transportation is authorized to carry +out a program that establishes uniform standards for developing and +supporting agency transit pass and transit benefits authorized under +section 7905 of title 5, United States Code, including distribution of +transit benefits by various paper and electronic media. + Sec. 191. The Department of Transportation may use funds provided +by this Act, or any other Act, to assist a contract under title 49 +U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other +hiring preference not otherwise authorized by law, or to amend a rule, +regulation, policy or other measure that forbids a recipient of a +Federal Highway Administration or Federal Transit Administration grant +from imposing such hiring preference on a contract or construction +project with which the Department of Transportation is assisting, only +if the grant recipient certifies the following: + (1) that except with respect to apprentices or trainees, a pool + of readily available but unemployed individuals possessing the + knowledge, skill, and ability to perform the work that the contract + requires resides in the jurisdiction; + (2) that the grant recipient will include appropriate + provisions in its bid document ensuring that the contractor does + not displace any of its existing employees in order to satisfy such + hiring preference; and + (3) that any increase in the cost of labor, training, or delays + resulting from the use of such hiring preference does not delay or + displace any transportation project in the applicable Statewide + Transportation Improvement Program or Transportation Improvement + Program. + Sec. 192. Section 502(b)(3) of the Railroad Revitalization and +Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is amended by +striking ``only during the 4-year period beginning on the date of +enactment of the Passenger Rail Reform and Investment Act of 2015'' and +inserting ``until September 30, 2020''. + Sec. 193. The Secretary of Transportation shall coordinate with +the Secretary of Homeland Security to ensure that best practices for +Industrial Control Systems Procurement are up-to-date and shall ensure +that systems procured with funds provided under this title were +procured using such practices. + This title may be cited as the ``Department of Transportation +Appropriations Act, 2020''. + + TITLE II + + DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT + + Management and Administration + + executive offices + + For necessary salaries and expenses for Executive Offices, which +shall be comprised of the offices of the Secretary, Deputy Secretary, +Adjudicatory Services, Congressional and Intergovernmental Relations, +Public Affairs, Small and Disadvantaged Business Utilization, and the +Center for Faith-Based and Neighborhood Partnerships, $14,217,000, to +remain available until September 30, 2021: Provided, That not to +exceed $25,000 of the amount made available under this heading shall be +available to the Secretary for official reception and representation +expenses as the Secretary may determine. + + administrative support offices + + For necessary salaries and expenses for Administrative Support +Offices, $563,378,000, to remain available until September 30, 2021: +Provided, That of the sums appropriated under this heading-- + (1) $73,562,000 shall be available for the Office of the Chief + Financial Officer; + (2) $103,916,000 shall be available for the Office of the + General Counsel, of which not less than $18,700,000 shall be for + the Departmental Enforcement Center; + (3) $206,849,000 shall be available for the Office of + Administration; + (4) $39,827,000 shall be available for the Office of the Chief + Human Capital Officer; + (5) $57,861,000 shall be available for the Office of Field + Policy and Management; + (6) $19,445,000 shall be available for the Office of the Chief + Procurement Officer; + (7) $4,242,000 shall be available for the Office of + Departmental Equal Employment Opportunity; and + (8) $57,676,000 shall be available for the Office of the Chief + Information Officer: + Provided further, That funds provided under this heading may be used +for necessary administrative and non-administrative expenses of the +Department of Housing and Urban Development, not otherwise provided +for, including purchase of uniforms, or allowances therefor, as +authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; and +services as authorized by 5 U.S.C. 3109: Provided further, That +notwithstanding any other provision of law, funds appropriated under +this heading may be used for advertising and promotional activities +that directly support program activities funded in this title: +Provided further, That the Secretary shall provide the House and Senate +Committees on Appropriations quarterly written notification regarding +the status of pending congressional reports: Provided further, That +the Secretary shall provide in electronic form all signed reports +required by Congress: Provided further, That none of the funds made +available under this heading for the Office of the Chief Financial +Officer for the financial transformation initiative shall be available +for obligation until after the Secretary has published all mitigation +allocations made available under the heading ``Department of Housing +and Urban Development--Community Planning and Development--Community +Development Fund'' in Public Law 115-123 and the necessary +administrative requirements pursuant to section 1102 of Public Law 116- +20: Provided further, That only after the terms and conditions of the +previous proviso have been met, not more than 10 percent of the funds +made available under this heading for the Office of the Chief Financial +Officer for the financial transformation initiative may be obligated +until the Secretary submits to the House and Senate Committees on +Appropriations, for approval, a plan for expenditure that includes the +financial and internal control capabilities to be delivered and the +mission benefits to be realized, key milestones to be met, and the +relationship between the proposed use of funds made available under +this heading and the projected total cost and scope of the initiative. + + program offices + + For necessary salaries and expenses for Program Offices, +$847,000,000, to remain available until September 30, 2021: Provided, +That of the sums appropriated under this heading-- + (1) $227,000,000 shall be available for the Office of Public + and Indian Housing; + (2) $124,000,000 shall be available for the Office of Community + Planning and Development; + (3) $384,000,000 shall be available for the Office of Housing, + of which not less than $12,300,000 shall be for the Office of + Recapitalization; + (4) $28,000,000 shall be available for the Office of Policy + Development and Research; + (5) $75,000,000 shall be available for the Office of Fair + Housing and Equal Opportunity; and + (6) $9,000,000 shall be available for the Office of Lead Hazard + Control and Healthy Homes. + + working capital fund + + (including transfer of funds) + + For the working capital fund for the Department of Housing and +Urban Development (referred to in this paragraph as the ``Fund''), +pursuant, in part, to section 7(f) of the Department of Housing and +Urban Development Act (42 U.S.C. 3535(f)), amounts transferred, +including reimbursements pursuant to section 7(f), to the Fund under +this heading shall be available only for Federal shared services used +by offices and agencies of the Department, and for any such portion of +any office or agency's printing, records management, space renovation, +furniture, or supply services the Secretary has determined shall be +provided through the Fund, and the operational expenses of the Fund: +Provided, That amounts within the Fund shall not be available to +provide services not specifically authorized under this heading: +Provided further, That upon a determination by the Secretary that any +other service (or portion thereof) authorized under this heading shall +be provided through the Fund, amounts made available in this title for +salaries and expenses under the headings ``Executive Offices'', +``Administrative Support Offices'', ``Program Offices'', and +``Government National Mortgage Association'', for such services shall +be transferred to the Fund, to remain available until expended: +Provided further, That the Secretary shall notify the House and Senate +Committees on Appropriations of its plans for executing such transfers +at least fifteen (15) days in advance of such transfers: Provided +further, That the Secretary may transfer not to exceed an additional +$5,000,000, in aggregate, from all such appropriations, to be merged +with the Fund and to remain available until expended for any purpose +under this heading. + + Public and Indian Housing + + tenant-based rental assistance + + For activities and assistance for the provision of tenant-based +rental assistance authorized under the United States Housing Act of +1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not +otherwise provided for, $19,874,050,000, to remain available until +expended, shall be available on October 1, 2019 (in addition to the +$4,000,000,000 previously appropriated under this heading that shall be +available on October 1, 2019), and $4,000,000,000, to remain available +until expended, shall be available on October 1, 2020: Provided, That +the amounts made available under this heading are provided as follows: + (1) $21,502,000,000 shall be available for renewals of expiring + section 8 tenant-based annual contributions contracts (including + renewals of enhanced vouchers under any provision of law + authorizing such assistance under section 8(t) of the Act) and + including renewal of other special purpose incremental vouchers: + Provided, That notwithstanding any other provision of law, from + amounts provided under this paragraph and any carryover, the + Secretary for the calendar year 2020 funding cycle shall provide + renewal funding for each public housing agency based on validated + voucher management system (VMS) leasing and cost data for the prior + calendar year and by applying an inflation factor as established by + the Secretary, by notice published in the Federal Register, and by + making any necessary adjustments for the costs associated with the + first-time renewal of vouchers under this paragraph including + tenant protection and Choice Neighborhoods vouchers: Provided + further, That none of the funds provided under this paragraph may + be used to fund a total number of unit months under lease which + exceeds a public housing agency's authorized level of units under + contract, except for public housing agencies participating in the + MTW demonstration, which are instead governed by the terms and + conditions of their MTW agreements: Provided further, That the + Secretary shall, to the extent necessary to stay within the amount + specified under this paragraph (except as otherwise modified under + this paragraph), prorate each public housing agency's allocation + otherwise established pursuant to this paragraph: Provided + further, That except as provided in the following provisos, the + entire amount specified under this paragraph (except as otherwise + modified under this paragraph) shall be obligated to the public + housing agencies based on the allocation and pro rata method + described above, and the Secretary shall notify public housing + agencies of their annual budget by the latter of 60 days after + enactment of this Act or March 1, 2020: Provided further, That the + Secretary may extend the notification period with the prior written + approval of the House and Senate Committees on Appropriations: + Provided further, That public housing agencies participating in the + MTW demonstration shall be funded pursuant to their MTW agreements + and shall be subject to the same pro rata adjustments under the + previous provisos: Provided further, That the Secretary may offset + public housing agencies' calendar year 2020 allocations based on + the excess amounts of public housing agencies' net restricted + assets accounts, including HUD-held programmatic reserves (in + accordance with VMS data in calendar year 2019 that is verifiable + and complete), as determined by the Secretary: Provided further, + That public housing agencies participating in the MTW demonstration + shall also be subject to the offset, as determined by the + Secretary, excluding amounts subject to the single fund budget + authority provisions of their MTW agreements, from the agencies' + calendar year 2020 MTW funding allocation: Provided further, That + the Secretary shall use any offset referred to in the previous two + provisos throughout the calendar year to prevent the termination of + rental assistance for families as the result of insufficient + funding, as determined by the Secretary, and to avoid or reduce the + proration of renewal funding allocations: Provided further, That + up to $100,000,000 shall be available only: (1) for adjustments in + the allocations for public housing agencies, after application for + an adjustment by a public housing agency that experienced a + significant increase, as determined by the Secretary, in renewal + costs of vouchers resulting from unforeseen circumstances or from + portability under section 8(r) of the Act; (2) for vouchers that + were not in use during the previous 12-month period in order to be + available to meet a commitment pursuant to section 8(o)(13) of the + Act; (3) for adjustments for costs associated with HUD-Veterans + Affairs Supportive Housing (HUD-VASH) vouchers; (4) for public + housing agencies that despite taking reasonable cost savings + measures, as determined by the Secretary, would otherwise be + required to terminate rental assistance for families as a result of + insufficient funding; (5) for adjustments in the allocations for + public housing agencies that (i) are leasing a lower-than-average + percentage of their authorized vouchers, (ii) have low amounts of + budget authority in their net restricted assets accounts and HUD- + held programmatic reserves, relative to other agencies, and (iii) + are not participating in the Moving to Work demonstration, to + enable such agencies to lease more vouchers; and (6) for public + housing agencies that have experienced increased costs or loss of + units in an area for which the President declared a disaster under + title IV of the Robert T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5170 et seq.): Provided further, That + the Secretary shall allocate amounts under the previous proviso + based on need, as determined by the Secretary; + (2) $75,000,000 shall be for section 8 rental assistance for + relocation and replacement of housing units that are demolished or + disposed of pursuant to section 18 of the Act, conversion of + section 23 projects to assistance under section 8, the family + unification program under section 8(x) of the Act, relocation of + witnesses in connection with efforts to combat crime in public and + assisted housing pursuant to a request from a law enforcement or + prosecution agency, enhanced vouchers under any provision of law + authorizing such assistance under section 8(t) of the Act, Choice + Neighborhood vouchers, mandatory and voluntary conversions, and + tenant protection assistance including replacement and relocation + assistance or for project-based assistance to prevent the + displacement of unassisted elderly tenants currently residing in + section 202 properties financed between 1959 and 1974 that are + refinanced pursuant to Public Law 106-569, as amended, or under the + authority as provided under this Act: Provided, That when a public + housing development is submitted for demolition or disposition + under section 18 of the Act, the Secretary may provide section 8 + rental assistance when the units pose an imminent health and safety + risk to residents: Provided further, That the Secretary may only + provide replacement vouchers for units that were occupied within + the previous 24 months that cease to be available as assisted + housing, subject only to the availability of funds: Provided + further, That of the amounts made available under this paragraph, + up to $5,000,000 may be available to provide tenant protection + assistance, not otherwise provided under this paragraph, to + residents residing in low vacancy areas and who may have to pay + rents greater than 30 percent of household income, as the result + of: (A) the maturity of a HUD-insured, HUD-held or section 202 loan + that requires the permission of the Secretary prior to loan + prepayment; (B) the expiration of a rental assistance contract for + which the tenants are not eligible for enhanced voucher or tenant + protection assistance under existing law; or (C) the expiration of + affordability restrictions accompanying a mortgage or preservation + program administered by the Secretary: Provided further, That such + tenant protection assistance made available under the previous + proviso may be provided under the authority of section 8(t) or + section 8(o)(13) of the United States Housing Act of 1937 (42 + U.S.C. 1437f(t)): Provided further, That the Secretary shall issue + guidance to implement the previous provisos, including, but not + limited to, requirements for defining eligible at-risk households + within 60 days of the enactment of this Act: Provided further, + That any tenant protection voucher made available from amounts + under this paragraph shall not be reissued by any public housing + agency, except the replacement vouchers as defined by the Secretary + by notice, when the initial family that received any such voucher + no longer receives such voucher, and the authority for any public + housing agency to issue any such voucher shall cease to exist: + Provided further, That the Secretary may provide section 8 rental + assistance from amounts made available under this paragraph for + units assisted under a project-based subsidy contract funded under + the ``Project-Based Rental Assistance'' heading under this title + where the owner has received a Notice of Default and the units pose + an imminent health and safety risk to residents: Provided further, + That to the extent that the Secretary determines that such units + are not feasible for continued rental assistance payments or + transfer of the subsidy contract associated with such units to + another project or projects and owner or owners, any remaining + amounts associated with such units under such contract shall be + recaptured and used to reimburse amounts used under this paragraph + for rental assistance under the preceding proviso; + (3) $1,977,000,000 shall be for administrative and other + expenses of public housing agencies in administering the section 8 + tenant-based rental assistance program, of which up to $30,000,000 + shall be available to the Secretary to allocate to public housing + agencies that need additional funds to administer their section 8 + programs, including fees associated with section 8 tenant + protection rental assistance, the administration of disaster + related vouchers, HUD-VASH vouchers, and other special purpose + incremental vouchers: Provided, That no less than $1,947,000,000 + of the amount provided in this paragraph shall be allocated to + public housing agencies for the calendar year 2020 funding cycle + based on section 8(q) of the Act (and related Appropriation Act + provisions) as in effect immediately before the enactment of the + Quality Housing and Work Responsibility Act of 1998 (Public Law + 105-276): Provided further, That if the amounts made available + under this paragraph are insufficient to pay the amounts determined + under the previous proviso, the Secretary may decrease the amounts + allocated to agencies by a uniform percentage applicable to all + agencies receiving funding under this paragraph or may, to the + extent necessary to provide full payment of amounts determined + under the previous proviso, utilize unobligated balances, including + recaptures and carryovers, remaining from funds appropriated to the + Department of Housing and Urban Development under this heading from + prior fiscal years, excluding special purpose vouchers, + notwithstanding the purposes for which such amounts were + appropriated: Provided further, That all public housing agencies + participating in the MTW demonstration shall be funded pursuant to + their MTW agreements, and shall be subject to the same uniform + percentage decrease as under the previous proviso: Provided + further, That amounts provided under this paragraph shall be only + for activities related to the provision of tenant-based rental + assistance authorized under section 8, including related + development activities; + (4) $229,050,000 for the renewal of tenant-based assistance + contracts under section 811 of the Cranston-Gonzalez National + Affordable Housing Act (42 U.S.C. 8013), including necessary + administrative expenses: Provided, That administrative and other + expenses of public housing agencies in administering the special + purpose vouchers in this paragraph shall be funded under the same + terms and be subject to the same pro rata reduction as the percent + decrease for administrative and other expenses to public housing + agencies under paragraph (3) of this heading: Provided further, + That upon turnover, section 811 special purpose vouchers funded + under this heading in this or prior Acts, or under any other + heading in prior Acts, shall be provided to non-elderly persons + with disabilities; + (5) $1,000,000 shall be for rental assistance and associated + administrative fees for Tribal HUD-VASH to serve Native American + veterans that are homeless or at-risk of homelessness living on or + near a reservation or other Indian areas: Provided, That such + amount shall be made available for renewal grants to recipients + that received assistance under prior Acts under the Tribal HUD-VASH + program: Provided further, That the Secretary shall be authorized + to specify criteria for renewal grants, including data on the + utilization of assistance reported by grant recipients: Provided + further, That such assistance shall be administered in accordance + with program requirements under the Native American Housing + Assistance and Self-Determination Act of 1996 and modeled after the + HUD-VASH program: Provided further, That the Secretary shall be + authorized to waive, or specify alternative requirements for any + provision of any statute or regulation that the Secretary + administers in connection with the use of funds made available + under this paragraph (except for requirements related to fair + housing, nondiscrimination, labor standards, and the environment), + upon a finding by the Secretary that any such waivers or + alternative requirements are necessary for the effective delivery + and administration of such assistance: Provided further, That + grant recipients shall report to the Secretary on utilization of + such rental assistance and other program data, as prescribed by the + Secretary: Provided further, That the Secretary may reallocate, as + determined by the Secretary, amounts returned or recaptured from + awards under prior Acts; + (6) $40,000,000 for incremental rental voucher assistance for + use through a supported housing program administered in conjunction + with the Department of Veterans Affairs as authorized under section + 8(o)(19) of the United States Housing Act of 1937: Provided, That + the Secretary of Housing and Urban Development shall make such + funding available, notwithstanding section 203 (competition + provision) of this title, to public housing agencies that partner + with eligible VA Medical Centers or other entities as designated by + the Secretary of the Department of Veterans Affairs, based on + geographical need for such assistance as identified by the + Secretary of the Department of Veterans Affairs, public housing + agency administrative performance, and other factors as specified + by the Secretary of Housing and Urban Development in consultation + with the Secretary of the Department of Veterans Affairs: Provided + further, That the Secretary of Housing and Urban Development may + waive, or specify alternative requirements for (in consultation + with the Secretary of the Department of Veterans Affairs), any + provision of any statute or regulation that the Secretary of + Housing and Urban Development administers in connection with the + use of funds made available under this paragraph (except for + requirements related to fair housing, nondiscrimination, labor + standards, and the environment), upon a finding by the Secretary + that any such waivers or alternative requirements are necessary for + the effective delivery and administration of such voucher + assistance: Provided further, That assistance made available under + this paragraph shall continue to remain available for homeless + veterans upon turn-over; + (7) $25,000,000 shall be made available for the family + unification program as authorized under section 8(x) of the Act: + Provided, That the amounts made available under this paragraph are + provided as follows: + (A) $5,000,000 shall be for new incremental voucher + assistance: Provided, That the assistance made available under + this subparagraph shall continue to remain available for family + unification upon turnover; and + (B) $20,000,000 shall be for new incremental voucher + assistance to assist eligible youth as defined by such section + 8(x)(2)(B): Provided, That assistance made available under + this subparagraph shall continue to remain available for such + eligible youth upon turnover: Provided further, That of the + total amount made available under this subparagraph, up to + $10,000,000 shall be available on a noncompetitive basis to + public housing agencies that partner with public child welfare + agencies to identify such eligible youth, that request such + assistance to timely assist such eligible youth, and that meet + any other criteria as specified by the Secretary: Provided + further, That the Secretary shall review utilization of the + assistance made available under the previous proviso, at an + interval to be determined by the Secretary, and unutilized + voucher assistance that is no longer needed shall be recaptured + by the Secretary and reallocated pursuant to the previous + proviso: + Provided further, That for any public housing agency + administering voucher assistance appropriated in a prior Act under + the family unification program, or made available and competitively + selected under this paragraph, that determines that it no longer + has an identified need for such assistance upon turnover, such + agency shall notify the Secretary, and the Secretary shall + recapture such assistance from the agency and reallocate it to any + other public housing agency or agencies based on need for voucher + assistance in connection with such specified program or eligible + youth, as applicable; + (8) $25,000,000 shall be made available for the mobility + demonstration authorized under section 235 of division G of the + Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note; Public + Law 116-6; 133 Stat. 465), of which up to $5,000,000 shall be for + new incremental voucher assistance and the remainder of which shall + be available to provide mobility-related services to families with + children, including pre- and post-move counseling and rent + deposits, and to offset the administrative costs of operating the + mobility demonstration: Provided, That incremental voucher + assistance made available under this paragraph shall be for + families with children participating in the mobility demonstration + and shall continue to remain available for families with children + upon turnover: Provided further, That for any public housing + agency administering voucher assistance under the mobility + demonstration that determines that it no longer has an identified + need for such assistance upon turnover, such agency shall notify + the Secretary, and the Secretary shall recapture such assistance + from the agency and reallocate it to any other public housing + agency or agencies based on need for voucher assistance in + connection with such demonstration; and + (9) the Secretary shall separately track all special purpose + vouchers funded under this heading. + + housing certificate fund + + (including rescissions) + + Unobligated balances, including recaptures and carryover, remaining +from funds appropriated to the Department of Housing and Urban +Development under this heading, the heading ``Annual Contributions for +Assisted Housing'' and the heading ``Project-Based Rental Assistance'', +for fiscal year 2020 and prior years may be used for renewal of or +amendments to section 8 project-based contracts and for performance- +based contract administrators, notwithstanding the purposes for which +such funds were appropriated: Provided, That any obligated balances of +contract authority from fiscal year 1974 and prior that have been +terminated shall be rescinded: Provided further, That amounts +heretofore recaptured, or recaptured during the current fiscal year, +from section 8 project-based contracts from source years fiscal year +1975 through fiscal year 1987 are hereby rescinded, and an amount of +additional new budget authority, equivalent to the amount rescinded is +hereby appropriated, to remain available until expended, for the +purposes set forth under this heading, in addition to amounts otherwise +available. + + public housing capital fund + + For the Public Housing Capital Fund Program to carry out capital +and management activities for public housing agencies, as authorized +under section 9 of the United States Housing Act of 1937 (42 U.S.C. +1437g) (the ``Act'') $2,869,893,812, to remain available until +September 30, 2023: Provided, That notwithstanding any other provision +of law or regulation, during fiscal year 2020, the Secretary of Housing +and Urban Development may not delegate to any Department official other +than the Deputy Secretary and the Assistant Secretary for Public and +Indian Housing any authority under paragraph (2) of section 9(j) +regarding the extension of the time periods under such section: +Provided further, That for purposes of such section 9(j), the term +``obligate'' means, with respect to amounts, that the amounts are +subject to a binding agreement that will result in outlays, immediately +or in the future: Provided further, That of the total amount made +available under this heading, up to $14,000,000 shall be to support +ongoing public housing financial and physical assessment activities: +Provided further, That of the total amount made available under this +heading, up to $1,000,000 shall be to support the costs of +administrative and judicial receiverships: Provided further, That of +the total amount provided under this heading, not to exceed $64,650,000 +shall be available for the Secretary to make grants, notwithstanding +section 203 of this Act, to public housing agencies for emergency +capital needs including safety and security measures necessary to +address crime and drug-related activity as well as needs resulting from +unforeseen or unpreventable emergencies and natural disasters excluding +Presidentially declared emergencies and natural disasters under the +Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et +seq.) occurring in fiscal year 2020, of which $34,650,000 shall be +available for public housing agencies under administrative and judicial +receiverships or under the control of a Federal monitor: Provided +further, That of the amount made available under the previous proviso, +not less than $10,000,000 shall be for safety and security measures: +Provided further, That in addition to the amount in the previous +proviso for such safety and security measures, any amounts that remain +available, after all applications received on or before September 30, +2021, for emergency capital needs have been processed, shall be +allocated to public housing agencies for such safety and security +measures: Provided further, That for funds provided under this +heading, the limitation in section 9(g)(1) of the Act shall be 25 +percent: Provided further, That the Secretary may waive the limitation +in the previous proviso to allow public housing agencies to fund +activities authorized under section 9(e)(1)(C) of the Act: Provided +further, That the Secretary shall notify public housing agencies +requesting waivers under the previous proviso if the request is +approved or denied within 14 days of submitting the request: Provided +further, That from the funds made available under this heading, the +Secretary shall provide bonus awards in fiscal year 2020 to public +housing agencies that are designated high performers: Provided +further, That the Department shall notify public housing agencies of +their formula allocation within 60 days of enactment of this Act: +Provided further, That of the total amount provided under this heading, +$45,000,000 shall be available for competitive grants to public housing +agencies to evaluate and reduce lead-based paint hazards and other +housing-related hazards including carbon monoxide and mold in public +housing: Provided further, That of the amounts available under the +previous proviso, no less than $25,000,000 shall be for competitive +grants to public housing agencies to evaluate and reduce lead-based +paint hazards in public housing by carrying out the activities of risk +assessments, abatement, and interim controls (as those terms are +defined in section 1004 of the Residential Lead-Based Paint Hazard +Reduction Act of 1992 (42 U.S.C. 4851b)): Provided further, That for +purposes of environmental review, a grant under the previous two +provisos shall be considered funds for projects or activities under +title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et +seq.) for purposes of section 26 of such Act (42 U.S.C. 1437x) and +shall be subject to the regulations implementing such section: +Provided further, That for funds made available under the previous +three provisos, the Secretary shall allow a PHA to apply for up to 20 +percent of the funds made available under the first two provisos and +prioritize need when awarding grants. + + public housing operating fund + + For 2020 payments to public housing agencies for the operation and +management of public housing, as authorized by section 9(e) of the +United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,549,000,000, +to remain available until September 30, 2021: Provided, That of the +total amount available under this heading, $25,000,000 shall be +available to the Secretary to allocate pursuant to a need-based +application process notwithstanding section 203 of this title and not +subject to the Operating Fund formula at part 990 of title 24, Code of +Federal Regulations to public housing agencies that experience +financial insolvency, as determined by the Secretary: Provided +further, That after all such insolvency needs are met, the Secretary +may distribute any remaining funds to all public housing agencies on a +pro-rata basis pursuant to the Operating Fund formula at part 990 of +title 24, Code of Federal Regulations. + + choice neighborhoods initiative + + For competitive grants under the Choice Neighborhoods Initiative +(subject to section 24 of the United States Housing Act of 1937 (42 +U.S.C. 1437v), unless otherwise specified under this heading), for +transformation, rehabilitation, and replacement housing needs of both +public and HUD-assisted housing and to transform neighborhoods of +poverty into functioning, sustainable mixed income neighborhoods with +appropriate services, schools, public assets, transportation and access +to jobs, $175,000,000, to remain available until September 30, 2022: +Provided, That grant funds may be used for resident and community +services, community development, and affordable housing needs in the +community, and for conversion of vacant or foreclosed properties to +affordable housing: Provided further, That the use of funds made +available under this heading shall not be deemed to be public housing +notwithstanding section 3(b)(1) of such Act: Provided further, That +grantees shall commit to an additional period of affordability +determined by the Secretary of not fewer than 20 years: Provided +further, That grantees shall provide a match in State, local, other +Federal or private funds: Provided further, That grantees may include +local governments, tribal entities, public housing authorities, and +nonprofits: Provided further, That for-profit developers may apply +jointly with a public entity: Provided further, That for purposes of +environmental review, a grantee shall be treated as a public housing +agency under section 26 of the United States Housing Act of 1937 (42 +U.S.C. 1437x), and grants under this heading shall be subject to the +regulations issued by the Secretary to implement such section: +Provided further, That of the amount provided, not less than +$87,500,000 shall be awarded to public housing agencies: Provided +further, That such grantees shall create partnerships with other local +organizations including assisted housing owners, service agencies, and +resident organizations: Provided further, That the Secretary shall +consult with the Secretaries of Education, Labor, Transportation, +Health and Human Services, Agriculture, and Commerce, the Attorney +General, and the Administrator of the Environmental Protection Agency +to coordinate and leverage other appropriate Federal resources: +Provided further, That no more than $5,000,000 of funds made available +under this heading may be provided as grants to undertake comprehensive +local planning with input from residents and the community: Provided +further, That unobligated balances, including recaptures, remaining +from funds appropriated under the heading ``Revitalization of Severely +Distressed Public Housing (HOPE VI)'' in fiscal year 2011 and prior +fiscal years may be used for purposes under this heading, +notwithstanding the purposes for which such amounts were appropriated: +Provided further, That the Secretary shall issue the Notice of Funding +Availability for funds made available under this heading no later than +90 days after enactment of this Act: Provided further, That the +Secretary shall make grant awards no later than one year from the date +of enactment of this Act in such amounts that the Secretary determines: + Provided further, That notwithstanding section 24(o) of the United +States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, +until September 30, 2023, obligate any available unobligated balances +made available under this heading in this, or any prior Act. + + self-sufficiency programs + + For activities and assistance related to Self-Sufficiency Programs, +to remain available until September 30, 2023, $130,000,000: Provided, +That the amounts made available under this heading are provided as +follows: + (1) $80,000,000 shall be for the Family Self-Sufficiency + program to support family self-sufficiency coordinators under + section 23 of the United States Housing Act of 1937 (42 U.S.C. + 1437u), to promote the development of local strategies to + coordinate the use of assistance under sections 8 and 9 of such Act + with public and private resources, and enable eligible families to + achieve economic independence and self-sufficiency: Provided, That + the Secretary may, by Federal Register notice, waive or specify + alternative requirements under subsections (b)(3), (b)(4), (b)(5), + or (c)(1) of section 23 of such Act in order to facilitate the + operation of a unified self-sufficiency program for individuals + receiving assistance under different provisions of the Act, as + determined by the Secretary: Provided further, That owners of a + privately owned multifamily property with a section 8 contract may + voluntarily make a Family Self-Sufficiency program available to the + assisted tenants of such property in accordance with procedures + established by the Secretary: Provided further, That such + procedures established pursuant to the previous proviso shall + permit participating tenants to accrue escrow funds in accordance + with section 23(d)(2) and shall allow owners to use funding from + residual receipt accounts to hire coordinators for their own Family + Self-Sufficiency program; + (2) $35,000,000 shall be for the Resident Opportunity and Self- + Sufficiency program to provide for supportive services, service + coordinators, and congregate services as authorized by section 34 + of the United States Housing Act of 1937 (42 U.S.C. 1437z-6) and + the Native American Housing Assistance and Self-Determination Act + of 1996 (25 U.S.C. 4101 et seq.); and + (3) $15,000,000 shall be for a Jobs-Plus initiative, modeled + after the Jobs-Plus demonstration: Provided, That funding provided + under this paragraph shall be available for competitive grants to + partnerships between public housing authorities, local workforce + investment boards established under section 107 of the Workforce + Innovation and Opportunity Act of 2014 (29 U.S.C. 3122), and other + agencies and organizations that provide support to help public + housing residents obtain employment and increase earnings: + Provided further, That applicants must demonstrate the ability to + provide services to residents, partner with workforce investment + boards, and leverage service dollars: Provided further, That the + Secretary may allow public housing agencies to request exemptions + from rent and income limitation requirements under sections 3 and 6 + of the United States Housing Act of 1937 (42 U.S.C. 1437a, 1437d), + as necessary to implement the Jobs-Plus program, on such terms and + conditions as the Secretary may approve upon a finding by the + Secretary that any such waivers or alternative requirements are + necessary for the effective implementation of the Jobs-Plus + initiative as a voluntary program for residents: Provided further, + That the Secretary shall publish by notice in the Federal Register + any waivers or alternative requirements pursuant to the preceding + proviso no later than 10 days before the effective date of such + notice. + + native american programs + + (including transfer of funds) + + For activities and assistance authorized under title I of the +Native American Housing Assistance and Self-Determination Act of 1996 +(NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing and +Community Development Act of 1974 with respect to Indian tribes (42 +U.S.C. 5306(a)(1)), and related training and technical assistance, +$825,000,000, to remain available until September 30, 2024, unless +otherwise specified: Provided, That the amounts made available under +this heading are provided as follows: + (1) $646,000,000 shall be available for the Native American + Housing Block Grants program, as authorized under title I of + NAHASDA: Provided, That, notwithstanding NAHASDA, to determine the + amount of the allocation under title I of such Act for each Indian + tribe, the Secretary shall apply the formula under section 302 of + such Act with the need component based on single-race census data + and with the need component based on multi-race census data, and + the amount of the allocation for each Indian tribe shall be the + greater of the two resulting allocation amounts: Provided further, + That the Department will notify grantees of their formula + allocation within 60 days of the date of enactment of this Act; + (2) $2,000,000 shall be available for the cost of guaranteed + notes and other obligations, as authorized by title VI of NAHASDA: + Provided, That such costs, including the costs of modifying such + notes and other obligations, shall be as defined in section 502 of + the Congressional Budget Act of 1974, as amended: Provided + further, That these funds are available to subsidize the total + principal amount of any notes and other obligations, any part of + which is to be guaranteed, not to exceed $32,000,000; + (3) $100,000,000 shall be available for competitive grants + under the Native American Housing Block Grants program, as + authorized under title I of NAHASDA: Provided, That the Secretary + shall obligate this additional amount for competitive grants to + eligible recipients authorized under NAHASDA that apply for funds: + Provided further, That in awarding this additional amount, the + Secretary shall consider need and administrative capacity, and + shall give priority to projects that will spur construction and + rehabilitation: Provided further, That a grant funded pursuant to + this paragraph shall be not greater than $10,000,000: Provided + further, That up to 1 percent of this additional amount may be + transferred, in aggregate, to ``Program Offices--Public and Indian + Housing'' for necessary costs of administering and overseeing the + obligation and expenditure of this additional amount and of + additional amounts provided in prior years, to remain available + until September 30, 2025: Provided further, That any funds + transferred pursuant to the previous proviso in prior Acts may also + be used for the purposes described in the previous proviso; + (4) $70,000,000 shall be available for grants to Indian tribes + for carrying out the Indian Community Development Block Grant + program under title I of the Housing and Community Development Act + of 1974, notwithstanding section 106(a)(1) of such Act, of which, + notwithstanding any other provision of law (including section 203 + of this Act), up to $4,000,000 may be used for emergencies that + constitute imminent threats to health and safety: Provided, That + not to exceed 20 percent of any grant made with funds appropriated + under this paragraph shall be expended for planning and management + development and administration: Provided further, That funds + provided under this paragraph shall remain available until + September 30, 2022; and + (5) $7,000,000 shall be available for providing training and + technical assistance to Indian tribes, Indian housing authorities + and tribally designated housing entities, to support the inspection + of Indian housing units, contract expertise, and for training and + technical assistance related to funding provided under this heading + and other headings under this Act for the needs of Native American + families and Indian country: Provided, That of the funds made + available under this paragraph, not less than $2,000,000 shall be + available for a national organization as authorized under section + 703 of NAHASDA (25 U.S.C. 4212): Provided further, That amounts + made available under this paragraph may be used, contracted, or + competed as determined by the Secretary: Provided further, That + notwithstanding the provisions of the Federal Grant and Cooperative + Agreements Act of 1977 (31 U.S.C. 6301-6308), the amounts made + available under this paragraph may be used by the Secretary to + enter into cooperative agreements with public and private + organizations, agencies, institutions, and other technical + assistance providers to support the administration of negotiated + rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the + administration of the allocation formula under section 302 of + NAHASDA (25 U.S.C. 4152), and the administration of performance + tracking and reporting under section 407 of NAHASDA (25 U.S.C. + 4167): Provided further, That of the funds made available under + this paragraph, not more than $1,000,000 shall be available to + support utilization, outreach, and capacity building with tribes + and tribal housing organizations for the Tribal HUD-VASH program. + + indian housing loan guarantee fund program account + + For the cost of guaranteed loans, as authorized by section 184 of +the Housing and Community Development Act of 1992 (12 U.S.C. 1715z- +13a), $1,100,000, to remain available until expended: Provided, That +such costs, including the costs of modifying such loans, shall be as +defined in section 502 of the Congressional Budget Act of 1974: +Provided further, That an additional $500,000, to remain available +until expended, shall be available for administrative contract expenses +including management processes to carry out the loan guarantee program: + Provided further, That the Secretary may subsidize total loan +principal, any part of which is to be guaranteed, up to $1,000,000,000, +to remain available until expended: Provided further, That for any +unobligated balances (including amounts of uncommitted limitation) +remaining from amounts made available under this heading in Public Law +115-31, Public Law 115-141, and Public Law 116-6, and for any +recaptures occurring in fiscal year 2019 or in future fiscal years of +amounts made available under this heading in prior fiscal years, the +second proviso of each such heading shall be applied as if ``these +funds are available to'' was struck and ``the Secretary may'' was +inserted in its place. + + native hawaiian housing block grant + + For the Native Hawaiian Housing Block Grant program, as authorized +under title VIII of the Native American Housing Assistance and Self- +Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000, to +remain available until September 30, 2024: Provided, That +notwithstanding section 812(b) of such Act, the Department of Hawaiian +Home Lands may not invest grant amounts provided under this heading in +investment securities and other obligations: Provided further, That +amounts made available under this heading in this and prior fiscal +years may be used to provide rental assistance to eligible Native +Hawaiian families both on and off the Hawaiian Home Lands, +notwithstanding any other provision of law. + + Community Planning and Development + + housing opportunities for persons with aids + + For carrying out the Housing Opportunities for Persons with AIDS +program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. +12901 et seq.), $410,000,000, to remain available until September 30, +2021, except that amounts allocated pursuant to section 854(c)(5) of +such Act shall remain available until September 30, 2022: Provided, +That the Secretary shall renew all expiring contracts for permanent +supportive housing that initially were funded under section 854(c)(5) +of such Act from funds made available under this heading in fiscal year +2010 and prior fiscal years that meet all program requirements before +awarding funds for new contracts under such section: Provided further, +That the Department shall notify grantees of their formula allocation +within 60 days of enactment of this Act. + + community development fund + + For carrying out the community development block grant program +under title I of the Housing and Community Development Act of 1974, as +amended (42 U.S.C. 5301 et seq.)(``the Act'' herein), $3,425,000,000, +to remain available until September 30, 2022, unless otherwise +specified: Provided, That unless explicitly provided for under this +heading, not to exceed 20 percent of any grant made with funds +appropriated under this heading shall be expended for planning and +management development and administration: Provided further, That a +metropolitan city, urban county, unit of general local government, or +insular area that directly or indirectly receives funds under this +heading may not sell, trade, or otherwise transfer all or any portion +of such funds to another such entity in exchange for any other funds, +credits or non-Federal considerations, but must use such funds for +activities eligible under title I of the Act: Provided further, That +notwithstanding section 105(e)(1) of the Act, no funds provided under +this heading may be provided to a for-profit entity for an economic +development project under section 105(a)(17) unless such project has +been evaluated and selected in accordance with guidelines required +under subsection (e)(2): Provided further, That of the total amount +provided under this heading, $25,000,000 shall be for activities +authorized under section 8071 of the SUPPORT for Patients and +Communities Act (Public Law 115-271): Provided further, That the funds +allocated pursuant to the previous proviso shall not adversely affect +the amount of any formula assistance received by a State under this +heading: Provided further, That the Secretary shall allocate the funds +for such activities based on the percentages shown in Table 1 of the +Notice establishing the funding formula published in 84 FR 16027 (April +17, 2019): Provided further, That the Department shall notify grantees +of their formula allocation within 60 days of enactment of this Act. + + community development loan guarantees program account + + Subject to section 502 of the Congressional Budget Act of 1974, +during fiscal year 2020, commitments to guarantee loans under section +108 of the Housing and Community Development Act of 1974 (42 U.S.C. +5308), any part of which is guaranteed, shall not exceed a total +principal amount of $300,000,000, notwithstanding any aggregate +limitation on outstanding obligations guaranteed in subsection (k) of +such section 108: Provided, That the Secretary shall collect fees from +borrowers, notwithstanding subsection (m) of such section 108, to +result in a credit subsidy cost of zero for guaranteeing such loans, +and any such fees shall be collected in accordance with section 502(7) +of the Congressional Budget Act of 1974: Provided further, That such +commitment authority funded by fees may be used to guarantee, or make +commitments to guarantee, notes or other obligations issued by any +State on behalf of non-entitlement communities in the State in +accordance with the requirements of such section 108: Provided +further, That any State receiving such a guarantee or commitment under +the previous proviso shall distribute all funds subject to such +guarantee to the units of general local government in nonentitlement +areas that received the commitment. + + home investment partnerships program + + For the HOME Investment Partnerships program, as authorized under +title II of the Cranston-Gonzalez National Affordable Housing Act, as +amended, $1,350,000,000, to remain available until September 30, 2023: +Provided, That notwithstanding the amount made available under this +heading, the threshold reduction requirements in sections 216(10) and +217(b)(4) of such Act shall not apply to allocations of such amount: +Provided further, That the Department shall notify grantees of their +formula allocation within 60 days of enactment of this Act: Provided +further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not +apply with respect to the right of a jurisdiction to draw funds from +its HOME Investment Trust Fund that otherwise expired or would expire +in 2016, 2017, 2018, 2019, 2020, 2021, or 2022 under that section: +Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b)) +shall not apply to any uninvested funds that otherwise were deducted or +would be deducted from the line of credit in the participating +jurisdiction's HOME Investment Trust Fund in 2018, 2019, 2020, 2021, or +2022 under that section. + + self-help and assisted homeownership opportunity program + + For the Self-Help and Assisted Homeownership Opportunity Program, +as authorized under section 11 of the Housing Opportunity Program +Extension Act of 1996, as amended, $55,000,000, to remain available +until September 30, 2022: Provided, That of the total amount provided +under this heading, $10,000,000 shall be made available to the Self- +Help Homeownership Opportunity Program as authorized under section 11 +of the Housing Opportunity Program Extension Act of 1996, as amended: +Provided further, That of the total amount provided under this heading, +$36,000,000 shall be made available for the second, third, and fourth +capacity building activities authorized under section 4(a) of the HUD +Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than +$5,000,000 shall be made available for rural capacity building +activities: Provided further, That of the total amount provided under +this heading, $5,000,000 shall be made available for capacity building +by national rural housing organizations with experience assessing +national rural conditions and providing financing, training, technical +assistance, information, and research to local nonprofits, local +governments, and Indian Tribes serving high need rural communities: +Provided further, That of the total amount provided under this heading, +$4,000,000, shall be made available for a program to rehabilitate and +modify the homes of disabled or low-income veterans, as authorized +under section 1079 of Public Law 113-291: Provided further, That funds +provided under the previous proviso shall be awarded within 180 days of +enactment of this Act. + + homeless assistance grants + + For the Emergency Solutions Grants program as authorized under +subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, +as amended; the Continuum of Care program as authorized under subtitle +C of title IV of such Act; and the Rural Housing Stability Assistance +program as authorized under subtitle D of title IV of such Act +$2,777,000,000, to remain available until September 30, 2022: Provided +further, That not less than $290,000,000 of the funds appropriated +under this heading shall be available for such Emergency Solutions +Grants program: Provided further, That not less than $2,350,000,000 of +the funds appropriated under this heading shall be available for such +Continuum of Care and Rural Housing Stability Assistance programs: +Provided further, That of the amounts made available under this +heading, up to $50,000,000 shall be made available for grants for rapid +re-housing projects and supportive service projects providing +coordinated entry, and for eligible activities the Secretary determines +to be critical in order to assist survivors of domestic violence, +dating violence, sexual assault, or stalking: Provided further, That +such projects shall be eligible for renewal under the continuum of care +program subject to the same terms and conditions as other renewal +applicants: Provided further, That up to $7,000,000 of the funds +appropriated under this heading shall be available for the national +homeless data analysis project: Provided further, That for all match +requirements applicable to funds made available under this heading for +this fiscal year and prior fiscal years, a grantee may use (or could +have used) as a source of match funds other funds administered by the +Secretary and other Federal agencies unless there is (or was) a +specific statutory prohibition on any such use of any such funds: +Provided further, That none of the funds provided under this heading +shall be available to provide funding for new projects, except for +projects created through reallocation, unless the Secretary determines +that the continuum of care has demonstrated that projects are evaluated +and ranked based on the degree to which they improve the continuum of +care's system performance: Provided further, That the Secretary shall +prioritize funding under the Continuum of Care program to continuums of +care that have demonstrated a capacity to reallocate funding from lower +performing projects to higher performing projects: Provided further, +That the Secretary shall provide incentives to create projects that +coordinate with housing providers and healthcare organizations to +provide permanent supportive housing and rapid rehousing services: +Provided further, That any unobligated amounts remaining from funds +appropriated under this heading in fiscal year 2012 and prior years for +project-based rental assistance for rehabilitation projects with 10- +year grant terms may be used for purposes under this heading, +notwithstanding the purposes for which such funds were appropriated: +Provided further, That all balances for Shelter Plus Care renewals +previously funded from the Shelter Plus Care Renewal account and +transferred to this account shall be available, if recaptured, for +Continuum of Care renewals in fiscal year 2020: Provided further, That +the Department shall notify grantees of their formula allocation from +amounts allocated (which may represent initial or final amounts +allocated) for the Emergency Solutions Grant program within 60 days of +enactment of this Act: Provided further, That up to $80,000,000 of the +funds appropriated under this heading shall be to implement projects to +demonstrate how a comprehensive approach to serving homeless youth, age +24 and under, in up to 25 communities with a priority for communities +with substantial rural populations in up to eight locations, can +dramatically reduce youth homelessness: Provided further, That of the +amount made available under the previous proviso, up to $10,000,000 +shall be available to provide technical assistance on improving system +responses to youth homelessness, and collection, analysis, use, and +reporting of data and performance measures under the comprehensive +approaches to serve homeless youth, in addition to and in coordination +with other technical assistance funds provided under this title: +Provided further, That the Secretary may use up to 10 percent of the +amount made available under the previous proviso to build the capacity +of current technical assistance providers or to train new technical +assistance providers with verifiable prior experience with systems and +programs for youth experiencing homelessness: Provided further, That +amounts made available for the Continuum of Care program under this +heading in this and prior Acts may be used to competitively or non- +competitively renew or replace grants for youth homeless demonstration +projects under the Continuum of Care program, notwithstanding any +conflict with the requirements of the Continuum of Care program: +Provided further, That youth aged 24 and under seeking assistance under +this heading shall not be required to provide third party documentation +to establish their eligibility under 42 U.S.C. 11302(a) or (b) to +receive services: Provided further, That unaccompanied youth aged 24 +and under or families headed by youth aged 24 and under who are living +in unsafe situations may be served by youth-serving providers funded +under this heading: Provided further, That persons eligible under +section 103(a)(5) of the McKinney-Vento Homeless Assistance Act may be +served by any project funded under this heading to provide both +transitional housing and rapid re-housing: Provided further, That when +awarding funds under the Continuum of Care program, the Secretary shall +not deviate from the FY 2018 Notice of Funding Availability with +respect to the tier 2 funding process, the Continuum of Care +application scoring, and for new projects, the project quality +threshold requirements, except as otherwise provided under this Act or +as necessary to award all available funds or consider the most recent +data from each Continuum of Care. + + Housing Programs + + project-based rental assistance + + For activities and assistance for the provision of project-based +subsidy contracts under the United States Housing Act of 1937 (42 +U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, +$12,170,000,000, to remain available until expended, shall be available +on October 1, 2019 (in addition to the $400,000,000 previously +appropriated under this heading that became available October 1, 2019), +and $400,000,000, to remain available until expended, shall be +available on October 1, 2020: Provided, That the amounts made +available under this heading shall be available for expiring or +terminating section 8 project-based subsidy contracts (including +section 8 moderate rehabilitation contracts), for amendments to section +8 project-based subsidy contracts (including section 8 moderate +rehabilitation contracts), for contracts entered into pursuant to +section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. +11401), for renewal of section 8 contracts for units in projects that +are subject to approved plans of action under the Emergency Low Income +Housing Preservation Act of 1987 or the Low-Income Housing Preservation +and Resident Homeownership Act of 1990, and for administrative and +other expenses associated with project-based activities and assistance +funded under this paragraph: Provided further, That of the total +amounts provided under this heading, not to exceed $345,000,000 shall +be available for performance-based contract administrators for section +8 project-based assistance, for carrying out 42 U.S.C. 1437(f): +Provided further, That the Secretary may also use such amounts in the +previous proviso for performance-based contract administrators for the +administration of: interest reduction payments pursuant to section +236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent +supplement payments pursuant to section 101 of the Housing and Urban +Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental +assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental +assistance contracts for the elderly under section 202(c)(2) of the +Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance +contracts for supportive housing for persons with disabilities under +section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing +Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to +section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. +667); and loans under section 202 of the Housing Act of 1959 (Public +Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured +under this heading, the heading ``Annual Contributions for Assisted +Housing'', or the heading ``Housing Certificate Fund'', may be used for +renewals of or amendments to section 8 project-based contracts or for +performance-based contract administrators, notwithstanding the purposes +for which such amounts were appropriated: Provided further, That, +notwithstanding any other provision of law, upon the request of the +Secretary, project funds that are held in residual receipts accounts +for any project subject to a section 8 project-based Housing Assistance +Payments contract that authorizes HUD or a Housing Finance Agency to +require that surplus project funds be deposited in an interest-bearing +residual receipts account and that are in excess of an amount to be +determined by the Secretary, shall be remitted to the Department and +deposited in this account, to be available until expended: Provided +further, That amounts deposited pursuant to the previous proviso shall +be available in addition to the amount otherwise provided by this +heading for uses authorized under this heading. + + housing for the elderly + + For capital advances, including amendments to capital advance +contracts, for housing for the elderly, as authorized by section 202 of +the Housing Act of 1959, as amended, for project rental assistance for +the elderly under section 202(c)(2) of such Act, including amendments +to contracts for such assistance and renewal of expiring contracts for +such assistance for up to a 1-year term, for senior preservation rental +assistance contracts, including renewals, as authorized by section +811(e) of the American Housing and Economic Opportunity Act of 2000, as +amended, and for supportive services associated with the housing, +$793,000,000, to remain available until September 30, 2023: Provided, +That of the amount provided under this heading, up to $100,000,000 +shall be for service coordinators and the continuation of existing +congregate service grants for residents of assisted housing projects: +Provided further, That amounts under this heading shall be available +for Real Estate Assessment Center inspections and inspection-related +activities associated with section 202 projects: Provided further, +That the Secretary may waive the provisions of section 202 governing +the terms and conditions of project rental assistance, except that the +initial contract term for such assistance shall not exceed 5 years in +duration: Provided further, That upon request of the Secretary, +project funds that are held in residual receipts accounts for any +project subject to a section 202 project rental assistance contract, +and that upon termination of such contract are in excess of an amount +to be determined by the Secretary, shall be remitted to the Department +and deposited in this account, to remain available until September 30, +2023: Provided further, That amounts deposited in this account +pursuant to the previous proviso shall be available, in addition to the +amounts otherwise provided by this heading, for the purposes authorized +under this heading: Provided further, That unobligated balances, +including recaptures and carryover, remaining from funds transferred to +or appropriated under this heading shall be available for the current +purposes authorized under this heading in addition to the purposes for +which such funds originally were appropriated: Provided further, That +of the total amount provided under this heading, $10,000,000 shall be +for a program to be established by the Secretary to make grants to +experienced non-profit organizations, States, local governments, or +public housing agencies for safety and functional home modification +repairs to meet the needs of low-income elderly homeowners to enable +them to remain in their primary residence: Provided further, That of +the total amount made available under the previous proviso, no less +than $5,000,000 shall be available to meet such needs in communities +with substantial rural populations: Provided further, That +beneficiaries of the grant assistance provided in the previous two +provisos under this heading in the Department of Housing and Urban +Development Appropriations Act, 2019 (Public Law 116-6) shall be +homeowners. + + housing for persons with disabilities + + For capital advances, including amendments to capital advance +contracts, for supportive housing for persons with disabilities, as +authorized by section 811 of the Cranston-Gonzalez National Affordable +Housing Act (42 U.S.C. 8013), as amended, for project rental assistance +for supportive housing for persons with disabilities under section +811(d)(2) of such Act, for project assistance contracts pursuant to +section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. +667), including amendments to contracts for such assistance and renewal +of expiring contracts for such assistance for up to a 1-year term, for +project rental assistance to State housing finance agencies and other +appropriate entities as authorized under section 811(b)(3) of the +Cranston-Gonzalez National Housing Act, and for supportive services +associated with the housing for persons with disabilities as authorized +by section 811(b)(1) of such Act, $202,000,000, to remain available +until September 30, 2023: Provided, That amounts made available under +this heading shall be available for Real Estate Assessment Center +inspections and inspection-related activities associated with section +811 projects: Provided further, That, upon the request of the +Secretary, project funds that are held in residual receipts accounts +for any project subject to a section 811 project rental assistance +contract, and that upon termination of such contract are in excess of +an amount to be determined by the Secretary, shall be remitted to the +Department and deposited in this account, to remain available until +September 30, 2023: Provided further, That amounts deposited in this +account pursuant to the previous proviso shall be available in addition +to the amounts otherwise provided by this heading for the purposes +authorized under this heading: Provided further, That unobligated +balances, including recaptures and carryover, remaining from funds +transferred to or appropriated under this heading shall be used for the +current purposes authorized under this heading in addition to the +purposes for which such funds originally were appropriated. + + housing counseling assistance + + For contracts, grants, and other assistance excluding loans, as +authorized under section 106 of the Housing and Urban Development Act +of 1968, as amended, $53,000,000, to remain available until September +30, 2021, including up to $4,500,000 for administrative contract +services and up to $3,000,000 for the certification of housing +counselors as required under 12 U.S.C. 1701x: Provided, That grants +made available from amounts provided under this heading shall be +awarded within 180 days of enactment of this Act: Provided further, +That funds shall be used for providing counseling and advice to tenants +and homeowners, both current and prospective, with respect to property +maintenance, financial management or literacy, and such other matters +as may be appropriate to assist them in improving their housing +conditions, meeting their financial needs, and fulfilling the +responsibilities of tenancy or homeownership; for program +administration; and for housing counselor training: Provided further, +That for purposes of providing such grants from amounts provided under +this heading, the Secretary may enter into multiyear agreements, as +appropriate, subject to the availability of annual appropriations. + + rental housing assistance + + For amendments to contracts under section 236(f)(2) of the National +Housing Act (12 U.S.C. 1715z-1) in State-aided, noninsured rental +housing projects, $3,000,000, to remain available until expended: +Provided, That such amount, together with unobligated balances from +recaptured amounts appropriated prior to fiscal year 2006 from +terminated contracts under such section of law, and any unobligated +balances, including recaptures and carryover, remaining from funds +appropriated under this heading after fiscal year 2005, shall also be +available for extensions of up to one year for expiring contracts under +such section of law. + + payment to manufactured housing fees trust fund + + For necessary expenses as authorized by the National Manufactured +Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 +et seq.), up to $13,000,000, to remain available until expended, of +which $13,000,000 is to be derived from the Manufactured Housing Fees +Trust Fund: Provided, That not to exceed the total amount appropriated +under this heading shall be available from the general fund of the +Treasury to the extent necessary to incur obligations and make +expenditures pending the receipt of collections to the Fund pursuant to +section 620 of such Act: Provided further, That the amount made +available under this heading from the general fund shall be reduced as +such collections are received during fiscal year 2020 so as to result +in a final fiscal year 2020 appropriation from the general fund +estimated at zero, and fees pursuant to such section 620 shall be +modified as necessary to ensure such a final fiscal year 2020 +appropriation: Provided further, That the Secretary of Housing and +Urban Development shall issue a final rule to complete rulemaking +initiated by the proposed rule entitled ``Manufactured Housing Program: +Minimum Payments to the States'' published in the Federal Register on +December 16, 2016 (81 Fed. Reg. 91083): Provided further, That for the +dispute resolution and installation programs, the Secretary may assess +and collect fees from any program participant: Provided further, That +such collections shall be deposited into the Fund, and the Secretary, +as provided herein, may use such collections, as well as fees collected +under section 620, for necessary expenses of such Act: Provided +further, That, notwithstanding the requirements of section 620 of such +Act, the Secretary may carry out responsibilities of the Secretary +under such Act through the use of approved service providers that are +paid directly by the recipients of their services. + + Federal Housing Administration + + mutual mortgage insurance program account + + New commitments to guarantee single family loans insured under the +Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to +remain available until September 30, 2021: Provided, That during +fiscal year 2020, obligations to make direct loans to carry out the +purposes of section 204(g) of the National Housing Act, as amended, +shall not exceed $1,000,000: Provided further, That the foregoing +amount in the previous proviso shall be for loans to nonprofit and +governmental entities in connection with sales of single family real +properties owned by the Secretary and formerly insured under the Mutual +Mortgage Insurance Fund: Provided further, That for administrative +contract expenses of the Federal Housing Administration, $130,000,000, +to remain available until September 30, 2021: Provided further, That +to the extent guaranteed loan commitments exceed $200,000,000,000 on or +before April 1, 2020, an additional $1,400 for administrative contract +expenses shall be available for each $1,000,000 in additional +guaranteed loan commitments (including a pro rata amount for any amount +below $1,000,000), but in no case shall funds made available by this +proviso exceed $30,000,000: Provided further, That notwithstanding the +limitation in the first sentence of section 255(g) of the National +Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2020 the +Secretary may insure and enter into new commitments to insure mortgages +under section 255 of the National Housing Act only to the extent that +the net credit subsidy cost for such insurance does not exceed zero: +Provided further, That for fiscal year 2020, the Secretary shall not +take any action against a lender solely on the basis of compare ratios +that have been adversely affected by defaults on mortgages secured by +properties in areas where a major disaster was declared in 2017 or 2018 +pursuant to the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5121 et seq.). + + general and special risk program account + + New commitments to guarantee loans insured under the General and +Special Risk Insurance Funds, as authorized by sections 238 and 519 of +the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not +exceed $30,000,000,000 in total loan principal, any part of which is to +be guaranteed, to remain available until September 30, 2021: Provided, +That during fiscal year 2020, gross obligations for the principal +amount of direct loans, as authorized by sections 204(g), 207(l), 238, +and 519(a) of the National Housing Act, shall not exceed $1,000,000, +which shall be for loans to nonprofit and governmental entities in +connection with the sale of single family real properties owned by the +Secretary and formerly insured under such Act. + + Government National Mortgage Association + +guarantees of mortgage-backed securities loan guarantee program account + + New commitments to issue guarantees to carry out the purposes of +section 306 of the National Housing Act, as amended (12 U.S.C. +1721(g)), shall not exceed $550,000,000,000, to remain available until +September 30, 2021: Provided, That $30,500,000, to remain available +until September 30, 2021, shall be for necessary salaries and expenses +of the Office of Government National Mortgage Association: Provided +further, That to the extent that guaranteed loan commitments exceed +$155,000,000,000 on or before April 1, 2020, an additional $100 for +necessary salaries and expenses shall be available until expended for +each $1,000,000 in additional guaranteed loan commitments (including a +pro rata amount for any amount below $1,000,000), but in no case shall +funds made available by this proviso exceed $3,000,000: Provided +further, That receipts from Commitment and Multiclass fees collected +pursuant to title III of the National Housing Act, as amended, shall be +credited as offsetting collections to this account. + + Policy Development and Research + + research and technology + + For contracts, grants, and necessary expenses of programs of +research and studies relating to housing and urban problems, not +otherwise provided for, as authorized by title V of the Housing and +Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including +carrying out the functions of the Secretary of Housing and Urban +Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of +1968, and for technical assistance, $98,000,000, to remain available +until September 30, 2021: Provided, That with respect to amounts made +available under this heading, notwithstanding section 203 of this +title, the Secretary may enter into cooperative agreements with +philanthropic entities, other Federal agencies, State or local +governments and their agencies, Indian tribes, tribally designated +housing entities, or colleges or universities for research projects: +Provided further, That with respect to the previous proviso, such +partners to the cooperative agreements must contribute at least a 50 +percent match toward the cost of the project: Provided further, That +for non-competitive agreements entered into in accordance with the +previous two provisos, the Secretary of Housing and Urban Development +shall comply with section 2(b) of the Federal Funding Accountability +and Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in +lieu of compliance with section 102(a)(4)(C) with respect to +documentation of award decisions: Provided further, That prior to +obligation of technical assistance funding, the Secretary shall submit +a plan to the House and Senate Committees on Appropriations on how it +will allocate funding for this activity at least 30 days prior to +obligation: Provided further, That none of the funds provided under +this heading may be available for the doctoral dissertation research +grant program. + + Fair Housing and Equal Opportunity + + fair housing activities + + For contracts, grants, and other assistance, not otherwise provided +for, as authorized by title VIII of the Civil Rights Act of 1968, as +amended by the Fair Housing Amendments Act of 1988, and section 561 of +the Housing and Community Development Act of 1987, as amended, +$70,300,000, to remain available until September 30, 2021: Provided, +That grants made available from amounts provided under this heading +shall be awarded within 180 days of enactment of this Act: Provided +further, That notwithstanding 31 U.S.C. 3302, the Secretary may assess +and collect fees to cover the costs of the Fair Housing Training +Academy, and may use such funds to develop on-line courses and provide +such training: Provided further, That no funds made available under +this heading shall be used to lobby the executive or legislative +branches of the Federal Government in connection with a specific +contract, grant, or loan: Provided further, That of the funds made +available under this heading, $350,000 shall be available to the +Secretary of Housing and Urban Development for the creation and +promotion of translated materials and other programs that support the +assistance of persons with limited English proficiency in utilizing the +services provided by the Department of Housing and Urban Development. + + Office of Lead Hazard Control and Healthy Homes + + lead hazard reduction + + For the Lead Hazard Reduction Program, as authorized by section +1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, +$290,000,000, to remain available until September 30, 2022, of which +$50,000,000 shall be for the Healthy Homes Initiative, pursuant to +sections 501 and 502 of the Housing and Urban Development Act of 1970, +which shall include research, studies, testing, and demonstration +efforts, including education and outreach concerning lead-based paint +poisoning and other housing-related diseases and hazards: Provided, +That for purposes of environmental review, pursuant to the National +Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other +provisions of law that further the purposes of such Act, a grant under +the Healthy Homes Initiative, or the Lead Technical Studies program +under this heading or under prior appropriations Acts for such purposes +under this heading, shall be considered to be funds for a special +project for purposes of section 305(c) of the Multifamily Housing +Property Disposition Reform Act of 1994: Provided further, That not +less than $95,000,000 of the amounts made available under this heading +for the award of grants pursuant to section 1011 of the Residential +Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to +areas with the highest lead-based paint abatement needs: Provided +further, That $64,000,000 of the funds appropriated under this heading +shall be for the implementation of projects in not more than ten +communities to demonstrate how intensive, extended, multi-year +interventions can dramatically reduce the presence of lead-based paint +hazards in those communities: Provided further, That each project +shall serve no more than four contiguous census tracts in which there +are high concentrations of housing stock built before 1940, in which +low-income families with children make up a significantly higher +proportion of the population as compared to the State average, and that +are located in jurisdictions in which instances of elevated blood lead +levels reported to the State are significantly higher than the State +average: Provided further, That such projects shall be awarded not +less than $6,000,000 and not more than $9,000,000: Provided further, +That funding awarded for such projects shall be made available for draw +down contingent upon the grantee meeting cost-savings, productivity, +and grant compliance benchmarks established by the Secretary: Provided +further, That each recipient of funds for such projects shall +contribute an amount not less than 10 percent of the total award, and +that the Secretary shall give priority to applicants that secure +commitments for additional contributions from public and private +sources: Provided further, That grantees currently receiving grants +made under this heading shall be eligible to apply for such projects, +provided that they are deemed to be in compliance with program +requirements established by the Secretary: Provided further, That of +the amount made available for the Healthy Homes Initiative, $5,000,000 +shall be for the implementation of projects in up to 5 communities that +are served by both the Healthy Homes Initiative and the Department of +Energy weatherization programs to demonstrate whether the coordination +of Healthy Homes remediation activities with weatherization activities +achieves cost savings and better outcomes in improving the safety and +quality of homes: Provided further, That each applicant shall certify +adequate capacity that is acceptable to the Secretary to carry out the +proposed use of funds pursuant to a notice of funding availability: +Provided further, That amounts made available under this heading in +this or prior appropriations Acts, still remaining available, may be +used for any purpose under this heading notwithstanding the purpose for +which such amounts were appropriated if a program competition is +undersubscribed and there are other program competitions under this +heading that are oversubscribed. + + Information Technology Fund + + For the development, modernization, and enhancement of, +modifications to, and infrastructure for Department-wide and program- +specific information technology systems, for the continuing operation +and maintenance of both Department-wide and program-specific +information systems, and for program-related maintenance activities, +$280,000,000, of which $260,000,000 shall remain available until +September 30, 2021, and of which $20,000,000 shall remain available +until September 30, 2022: Provided, That any amounts transferred to +this Fund under this Act shall remain available until expended: +Provided further, That any amounts transferred to this Fund from +amounts appropriated by previously enacted appropriations Acts may be +used for the purposes specified under this Fund, in addition to any +other information technology purposes for which such amounts were +appropriated: Provided further, That not more than 10 percent of the +funds made available under this heading for development, modernization +and enhancement may be obligated until the Secretary submits to the +House and Senate Committees on Appropriations, for approval, a plan for +expenditure that--(A) identifies for each modernization project: (i) +the functional and performance capabilities to be delivered and the +mission benefits to be realized, (ii) the estimated life-cycle cost, +and (iii) key milestones to be met; and (B) demonstrates that each +modernization project is: (i) compliant with the Department's +enterprise architecture, (ii) being managed in accordance with +applicable life-cycle management policies and guidance, (iii) subject +to the Department's capital planning and investment control +requirements, and (iv) supported by an adequately staffed project +office. + + Office of Inspector General + + For necessary salaries and expenses of the Office of Inspector +General in carrying out the Inspector General Act of 1978, as amended, +$128,200,000: Provided, That the Inspector General shall have +independent authority over all personnel issues within this office: +Provided further, That the Office of Inspector General shall procure +and rely upon the services of an independent external auditor(s) to +audit the fiscal year 2020 and subsequent financial statements of the +Department of Housing and Urban Development including the financial +statements of the Federal Housing Administration and the Government +National Mortgage Association: Provided further, That in addition to +amounts under this heading otherwise available for the purposes +specified in the previous proviso, $10,000,000 to remain available +until September 30, 2021, shall be available only for such specified +purposes. + + General Provisions--Department of Housing and Urban Development + + (including transfer of funds) + + (including rescissions) + + Sec. 201. Fifty percent of the amounts of budget authority, or in +lieu thereof 50 percent of the cash amounts associated with such budget +authority, that are recaptured from projects described in section +1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act +of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of +cash, shall be remitted to the Treasury, and such amounts of budget +authority or cash recaptured and not rescinded or remitted to the +Treasury shall be used by State housing finance agencies or local +governments or local housing agencies with projects approved by the +Secretary of Housing and Urban Development for which settlement +occurred after January 1, 1992, in accordance with such section. +Notwithstanding the previous sentence, the Secretary may award up to 15 +percent of the budget authority or cash recaptured and not rescinded or +remitted to the Treasury to provide project owners with incentives to +refinance their project at a lower interest rate. + Sec. 202. None of the amounts made available under this Act may be +used during fiscal year 2020 to investigate or prosecute under the Fair +Housing Act any otherwise lawful activity engaged in by one or more +persons, including the filing or maintaining of a nonfrivolous legal +action, that is engaged in solely for the purpose of achieving or +preventing action by a Government official or entity, or a court of +competent jurisdiction. + Sec. 203. Except as explicitly provided in law, any grant, +cooperative agreement or other assistance made pursuant to title II of +this Act shall be made on a competitive basis and in accordance with +section 102 of the Department of Housing and Urban Development Reform +Act of 1989 (42 U.S.C. 3545). + Sec. 204. Funds of the Department of Housing and Urban Development +subject to the Government Corporation Control Act or section 402 of the +Housing Act of 1950 shall be available, without regard to the +limitations on administrative expenses, for legal services on a +contract or fee basis, and for utilizing and making payment for +services and facilities of the Federal National Mortgage Association, +Government National Mortgage Association, Federal Home Loan Mortgage +Corporation, Federal Financing Bank, Federal Reserve banks or any +member thereof, Federal Home Loan banks, and any insured bank within +the meaning of the Federal Deposit Insurance Corporation Act, as +amended (12 U.S.C. 1811-1). + Sec. 205. Unless otherwise provided for in this Act or through a +reprogramming of funds, no part of any appropriation for the Department +of Housing and Urban Development shall be available for any program, +project or activity in excess of amounts set forth in the budget +estimates submitted to Congress. + Sec. 206. Corporations and agencies of the Department of Housing +and Urban Development which are subject to the Government Corporation +Control Act are hereby authorized to make such expenditures, within the +limits of funds and borrowing authority available to each such +corporation or agency and in accordance with law, and to make such +contracts and commitments without regard to fiscal year limitations as +provided by section 104 of such Act as may be necessary in carrying out +the programs set forth in the budget for 2020 for such corporation or +agency except as hereinafter provided: Provided, That collections of +these corporations and agencies may be used for new loan or mortgage +purchase commitments only to the extent expressly provided for in this +Act (unless such loans are in support of other forms of assistance +provided for in this or prior appropriations Acts), except that this +proviso shall not apply to the mortgage insurance or guaranty +operations of these corporations, or where loans or mortgage purchases +are necessary to protect the financial interest of the United States +Government. + Sec. 207. The Secretary of Housing and Urban Development shall +provide quarterly reports to the House and Senate Committees on +Appropriations regarding all uncommitted, unobligated, recaptured and +excess funds in each program and activity within the jurisdiction of +the Department and shall submit additional, updated budget information +to these Committees upon request. + Sec. 208. No funds provided under this title may be used for an +audit of the Government National Mortgage Association that makes +applicable requirements under the Federal Credit Reform Act of 1990 (2 +U.S.C. 661 et seq.). + Sec. 209. (a) Notwithstanding any other provision of law, subject +to the conditions listed under this section, for fiscal years 2020 and +2021, the Secretary of Housing and Urban Development may authorize the +transfer of some or all project-based assistance, debt held or insured +by the Secretary and statutorily required low-income and very low- +income use restrictions if any, associated with one or more multifamily +housing project or projects to another multifamily housing project or +projects. + (b) Phased Transfers.--Transfers of project-based assistance under +this section may be done in phases to accommodate the financing and +other requirements related to rehabilitating or constructing the +project or projects to which the assistance is transferred, to ensure +that such project or projects meet the standards under subsection (c). + (c) The transfer authorized in subsection (a) is subject to the +following conditions: + (1) Number and bedroom size of units.-- + (A) For occupied units in the transferring project: The + number of low-income and very low-income units and the + configuration (i.e., bedroom size) provided by the transferring + project shall be no less than when transferred to the receiving + project or projects and the net dollar amount of Federal + assistance provided to the transferring project shall remain + the same in the receiving project or projects. + (B) For unoccupied units in the transferring project: The + Secretary may authorize a reduction in the number of dwelling + units in the receiving project or projects to allow for a + reconfiguration of bedroom sizes to meet current market + demands, as determined by the Secretary and provided there is + no increase in the project-based assistance budget authority. + (2) The transferring project shall, as determined by the + Secretary, be either physically obsolete or economically nonviable. + (3) The receiving project or projects shall meet or exceed + applicable physical standards established by the Secretary. + (4) The owner or mortgagor of the transferring project shall + notify and consult with the tenants residing in the transferring + project and provide a certification of approval by all appropriate + local governmental officials. + (5) The tenants of the transferring project who remain eligible + for assistance to be provided by the receiving project or projects + shall not be required to vacate their units in the transferring + project or projects until new units in the receiving project are + available for occupancy. + (6) The Secretary determines that this transfer is in the best + interest of the tenants. + (7) If either the transferring project or the receiving project + or projects meets the condition specified in subsection (d)(2)(A), + any lien on the receiving project resulting from additional + financing obtained by the owner shall be subordinate to any FHA- + insured mortgage lien transferred to, or placed on, such project by + the Secretary, except that the Secretary may waive this requirement + upon determination that such a waiver is necessary to facilitate + the financing of acquisition, construction, and/or rehabilitation + of the receiving project or projects. + (8) If the transferring project meets the requirements of + subsection (d)(2), the owner or mortgagor of the receiving project + or projects shall execute and record either a continuation of the + existing use agreement or a new use agreement for the project + where, in either case, any use restrictions in such agreement are + of no lesser duration than the existing use restrictions. + (9) The transfer does not increase the cost (as defined in + section 502 of the Congressional Budget Act of 1974(2 U.S.C. 661a)) + of any FHA-insured mortgage, except to the extent that + appropriations are provided in advance for the amount of any such + increased cost. + (d) For purposes of this section-- + (1) the terms ``low-income'' and ``very low-income'' shall have + the meanings provided by the statute and/or regulations governing + the program under which the project is insured or assisted; + (2) the term ``multifamily housing project'' means housing that + meets one of the following conditions-- + (A) housing that is subject to a mortgage insured under the + National Housing Act; + (B) housing that has project-based assistance attached to + the structure including projects undergoing mark to market debt + restructuring under the Multifamily Assisted Housing Reform and + Affordability Housing Act; + (C) housing that is assisted under section 202 of the + Housing Act of 1959 (12 U.S.C. 1701q); + (D) housing that is assisted under section 202 of the + Housing Act of 1959 (12 U.S.C. 1701q), as such section existed + before the enactment of the Cranston-Gonzales National + Affordable Housing Act; + (E) housing that is assisted under section 811 of the + Cranston-Gonzales National Affordable Housing Act (42 U.S.C. + 8013); or + (F) housing or vacant land that is subject to a use + agreement; + (3) the term ``project-based assistance'' means-- + (A) assistance provided under section 8(b) of the United + States Housing Act of 1937 (42 U.S.C. 1437f(b)); + (B) assistance for housing constructed or substantially + rehabilitated pursuant to assistance provided under section + 8(b)(2) of such Act (as such section existed immediately before + October 1, 1983); + (C) rent supplement payments under section 101 of the + Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); + (D) interest reduction payments under section 236 and/or + additional assistance payments under section 236(f)(2) of the + National Housing Act (12 U.S.C. 1715z-1); + (E) assistance payments made under section 202(c)(2) of the + Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and + (F) assistance payments made under section 811(d)(2) of the + Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. + 8013(d)(2)); + (4) the term ``receiving project or projects'' means the + multifamily housing project or projects to which some or all of the + project-based assistance, debt, and statutorily required low-income + and very low-income use restrictions are to be transferred; + (5) the term ``transferring project'' means the multifamily + housing project which is transferring some or all of the project- + based assistance, debt, and the statutorily required low-income and + very low-income use restrictions to the receiving project or + projects; and + (6) the term ``Secretary'' means the Secretary of Housing and + Urban Development. + (e) Research Report.--The Secretary shall conduct an evaluation of +the transfer authority under this section, including the effect of such +transfers on the operational efficiency, contract rents, physical and +financial conditions, and long-term preservation of the affected +properties. + Sec. 210. (a) No assistance shall be provided under section 8 of +the United States Housing Act of 1937 (42 U.S.C. 1437f) to any +individual who-- + (1) is enrolled as a student at an institution of higher + education (as defined under section 102 of the Higher Education Act + of 1965 (20 U.S.C. 1002)); + (2) is under 24 years of age; + (3) is not a veteran; + (4) is unmarried; + (5) does not have a dependent child; + (6) is not a person with disabilities, as such term is defined + in section 3(b)(3)(E) of the United States Housing Act of 1937 (42 + U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such + section 8 as of November 30, 2005; + (7) is not a youth who left foster care at age 14 or older and + is at risk of becoming homeless; and + (8) is not otherwise individually eligible, or has parents who, + individually or jointly, are not eligible, to receive assistance + under section 8 of the United States Housing Act of 1937 (42 U.S.C. + 1437f). + (b) For purposes of determining the eligibility of a person to +receive assistance under section 8 of the United States Housing Act of +1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts +received for tuition and any other required fees and charges) that an +individual receives under the Higher Education Act of 1965 (20 U.S.C. +1001 et seq.), from private sources, or an institution of higher +education (as defined under section 102 of the Higher Education Act of +1965 (20 U.S.C. 1002)), shall be considered income to that individual, +except for a person over the age of 23 with dependent children. + Sec. 211. The funds made available for Native Alaskans under +paragraph (1) under the heading ``Native American Programs'' in title +II of this Act shall be allocated to the same Native Alaskan housing +block grant recipients that received funds in fiscal year 2005, and +only such recipients shall be eligible to apply for funds made +available under paragraph (3) of such heading. + Sec. 212. Notwithstanding any other provision of law, in fiscal +year 2020, in managing and disposing of any multifamily property that +is owned or has a mortgage held by the Secretary of Housing and Urban +Development, and during the process of foreclosure on any property with +a contract for rental assistance payments under section 8 of the United +States Housing Act of 1937 (42 U.S.C. 1437f) or other Federal programs, +the Secretary shall maintain any rental assistance payments under +section 8 of the United States Housing Act of 1937 and other programs +that are attached to any dwelling units in the property. To the extent +the Secretary determines, in consultation with the tenants and the +local government, that such a multifamily property owned or held by the +Secretary is not feasible for continued rental assistance payments +under such section 8 or other programs, based on consideration of (1) +the costs of rehabilitating and operating the property and all +available Federal, State, and local resources, including rent +adjustments under section 524 of the Multifamily Assisted Housing +Reform and Affordability Act of 1997 (``MAHRAA'') (42 U.S.C. 1437f +note) and (2) environmental conditions that cannot be remedied in a +cost-effective fashion, the Secretary may, in consultation with the +tenants of that property, contract for project-based rental assistance +payments with an owner or owners of other existing housing properties, +or provide other rental assistance. The Secretary shall also take +appropriate steps to ensure that project-based contracts remain in +effect prior to foreclosure, subject to the exercise of contractual +abatement remedies to assist relocation of tenants for imminent major +threats to health and safety after written notice to and informed +consent of the affected tenants and use of other available remedies, +such as partial abatements or receivership. After disposition of any +multifamily property described under this section, the contract and +allowable rent levels on such properties shall be subject to the +requirements under section 524 of MAHRAA. + Sec. 213. Public housing agencies that own and operate 400 or +fewer public housing units may elect to be exempt from any asset +management requirement imposed by the Secretary of Housing and Urban +Development in connection with the operating fund rule: Provided, That +an agency seeking a discontinuance of a reduction of subsidy under the +operating fund formula shall not be exempt from asset management +requirements. + Sec. 214. With respect to the use of amounts provided in this Act +and in future Acts for the operation, capital improvement and +management of public housing as authorized by sections 9(d) and 9(e) of +the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the +Secretary shall not impose any requirement or guideline relating to +asset management that restricts or limits in any way the use of capital +funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) +of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): +Provided, That a public housing agency may not use capital funds +authorized under section 9(d) for activities that are eligible under +section 9(e) for assistance with amounts from the operating fund in +excess of the amounts permitted under section 9(g)(1) or 9(g)(2). + Sec. 215. No official or employee of the Department of Housing and +Urban Development shall be designated as an allotment holder unless the +Office of the Chief Financial Officer has determined that such +allotment holder has implemented an adequate system of funds control +and has received training in funds control procedures and directives. +The Chief Financial Officer shall ensure that there is a trained +allotment holder for each HUD appropriation under the accounts +``Executive Offices'', ``Administrative Support Offices'', ``Program +Offices'', ``Government National Mortgage Association--Guarantees of +Mortgage-Backed Securities Loan Guarantee Program Account'', and +``Office of Inspector General'' within the Department of Housing and +Urban Development. + Sec. 216. The Secretary of the Department of Housing and Urban +Development shall, for fiscal year 2020, notify the public through the +Federal Register and other means, as determined appropriate, of the +issuance of a notice of the availability of assistance or notice of +funding availability (NOFA) for any program or discretionary fund +administered by the Secretary that is to be competitively awarded. +Notwithstanding any other provision of law, for fiscal year 2020, the +Secretary may make the NOFA available only on the Internet at the +appropriate Government web site or through other electronic media, as +determined by the Secretary. + Sec. 217. Payment of attorney fees in program-related litigation +shall be paid from the individual program office and Office of General +Counsel salaries and expenses appropriations. The annual budget +submission for the program offices and the Office of General Counsel +shall include any such projected litigation costs for attorney fees as +a separate line item request. No funds provided in this title may be +used to pay any such litigation costs for attorney fees until the +Department submits for review a spending plan for such costs to the +House and Senate Committees on Appropriations. + Sec. 218. The Secretary is authorized to transfer up to 10 percent +or $5,000,000, whichever is less, of funds appropriated for any office +under the headings ``Administrative Support Offices'' or ``Program +Offices'' to any other such office or account: Provided, That no +appropriation for any such office or account shall be increased or +decreased by more than 10 percent or $5,000,000, whichever is less, +without prior written approval of the House and Senate Committees on +Appropriations: Provided further, That the Secretary shall provide +notification to such Committees 3 business days in advance of any such +transfers under this section up to 10 percent or $5,000,000, whichever +is less. + Sec. 219. (a) Any entity receiving housing assistance payments +shall maintain decent, safe, and sanitary conditions, as determined by +the Secretary of Housing and Urban Development (in this section +referred to as the ``Secretary''), and comply with any standards under +applicable State or local laws, rules, ordinances, or regulations +relating to the physical condition of any property covered under a +housing assistance payment contract. + (b) The Secretary shall take action under subsection (c) when a +multifamily housing project with a section 8 contract or contract for +similar project-based assistance-- + (1) receives a Uniform Physical Condition Standards (UPCS) + score of 60 or less; or + (2) fails to certify in writing to the Secretary within 3 days + that all Exigent Health and Safety deficiencies identified by the + inspector at the project have been corrected. +Such requirements shall apply to insured and noninsured projects with +assistance attached to the units under section 8 of the United States +Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units +assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public +housing units assisted with capital or operating funds under section 9 +of the United States Housing Act of 1937 (42 U.S.C. 1437g). + (c)(1) Within 15 days of the issuance of the REAC inspection, the +Secretary must provide the owner with a Notice of Default with a +specified timetable, determined by the Secretary, for correcting all +deficiencies. The Secretary must also provide a copy of the Notice of +Default to the tenants, the local government, any mortgagees, and any +contract administrator. If the owner's appeal results in a UPCS score +of 60 or above, the Secretary may withdraw the Notice of Default. + (2) At the end of the time period for correcting all + deficiencies specified in the Notice of Default, if the owner fails + to fully correct such deficiencies, the Secretary may-- + (A) require immediate replacement of project management + with a management agent approved by the Secretary; + (B) impose civil money penalties, which shall be used + solely for the purpose of supporting safe and sanitary + conditions at applicable properties, as designated by the + Secretary, with priority given to the tenants of the property + affected by the penalty; + (C) abate the section 8 contract, including partial + abatement, as determined by the Secretary, until all + deficiencies have been corrected; + (D) pursue transfer of the project to an owner, approved by + the Secretary under established procedures, which will be + obligated to promptly make all required repairs and to accept + renewal of the assistance contract as long as such renewal is + offered; + (E) transfer the existing section 8 contract to another + project or projects and owner or owners; + (F) pursue exclusionary sanctions, including suspensions or + debarments from Federal programs; + (G) seek judicial appointment of a receiver to manage the + property and cure all project deficiencies or seek a judicial + order of specific performance requiring the owner to cure all + project deficiencies; + (H) work with the owner, lender, or other related party to + stabilize the property in an attempt to preserve the property + through compliance, transfer of ownership, or an infusion of + capital provided by a third-party that requires time to + effectuate; or + (I) take any other regulatory or contractual remedies + available as deemed necessary and appropriate by the Secretary. + (d) The Secretary shall also take appropriate steps to ensure that +project-based contracts remain in effect, subject to the exercise of +contractual abatement remedies to assist relocation of tenants for +major threats to health and safety after written notice to the affected +tenants. To the extent the Secretary determines, in consultation with +the tenants and the local government, that the property is not feasible +for continued rental assistance payments under such section 8 or other +programs, based on consideration of-- + (1) the costs of rehabilitating and operating the property and + all available Federal, State, and local resources, including rent + adjustments under section 524 of the Multifamily Assisted Housing + Reform and Affordability Act of 1997 (``MAHRAA''); and + (2) environmental conditions that cannot be remedied in a cost- + effective fashion, the Secretary may contract for project-based + rental assistance payments with an owner or owners of other + existing housing properties, or provide other rental assistance. + (e) The Secretary shall report quarterly on all properties covered +by this section that are assessed through the Real Estate Assessment +Center and have UPCS physical inspection scores of less than 60 or have +received an unsatisfactory management and occupancy review within the +past 36 months. The report shall include-- + (1) the enforcement actions being taken to address such + conditions, including imposition of civil money penalties and + termination of subsidies, and identify properties that have such + conditions multiple times; + (2) actions that the Department of Housing and Urban + Development is taking to protect tenants of such identified + properties; and + (3) any administrative or legislative recommendations to + further improve the living conditions at properties covered under a + housing assistance payment contract. +This report shall be due to the Senate and House Committees on +Appropriations no later than 30 days after the enactment of this Act, +and on the first business day of each Federal fiscal year quarter +thereafter while this section remains in effect. + Sec. 220. None of the funds made available by this Act, or any +other Act, for purposes authorized under section 8 (only with respect +to the tenant-based rental assistance program) and section 9 of the +United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used +by any public housing agency for any amount of salary, including +bonuses, for the chief executive officer of which, or any other +official or employee of which, that exceeds the annual rate of basic +pay payable for a position at level IV of the Executive Schedule at any +time during any public housing agency fiscal year 2020. + Sec. 221. None of the funds in this Act provided to the Department +of Housing and Urban Development may be used to make a grant award +unless the Secretary notifies the House and Senate Committees on +Appropriations not less than 3 full business days before any project, +State, locality, housing authority, tribe, nonprofit organization, or +other entity selected to receive a grant award is announced by the +Department or its offices. + Sec. 222. None of the funds made available by this Act may be used +to require or enforce the Physical Needs Assessment (PNA). + Sec. 223. None of the funds made available in this Act shall be +used by the Federal Housing Administration, the Government National +Mortgage Administration, or the Department of Housing and Urban +Development to insure, securitize, or establish a Federal guarantee of +any mortgage or mortgage backed security that refinances or otherwise +replaces a mortgage that has been subject to eminent domain +condemnation or seizure, by a State, municipality, or any other +political subdivision of a State. + Sec. 224. None of the funds made available by this Act may be used +to terminate the status of a unit of general local government as a +metropolitan city (as defined in section 102 of the Housing and +Community Development Act of 1974 (42 U.S.C. 5302)) with respect to +grants under section 106 of such Act (42 U.S.C. 5306). + Sec. 225. Amounts made available under this Act which are either +appropriated, allocated, advanced on a reimbursable basis, or +transferred to the Office of Policy Development and Research in the +Department of Housing and Urban Development and functions thereof, for +research, evaluation, or statistical purposes, and which are unexpended +at the time of completion of a contract, grant, or cooperative +agreement, may be deobligated and shall immediately become available +and may be reobligated in that fiscal year or the subsequent fiscal +year for the research, evaluation, or statistical purposes for which +the amounts are made available to that Office subject to reprogramming +requirements in section 405 of this Act. + Sec. 226. None of the funds provided in this Act or any other act +may be used for awards, including performance, special act, or spot, +for any employee of the Department of Housing and Urban Development +subject to administrative discipline (including suspension from work), +in this fiscal year, but this prohibition shall not be effective prior +to the effective date of any such administrative discipline or after +any final decision over-turning such discipline. + Sec. 227. Funds made available in this title under the heading +``Homeless Assistance Grants'' may be used by the Secretary to +participate in Performance Partnership Pilots authorized under section +526 of division H of Public Law 113-76, section 524 of division G of +Public Law 113-235, section 525 of division H of Public Law 114-113, +section 525 of division H of Public Law 115-31, section 525 of division +H of Public Law 115-141, section 524 of division B of Public Law 115- +245 and such authorities as are enacted for Performance Partnership +Pilots in an appropriations Act for fiscal year 2020: Provided, That +such participation shall be limited to no more than 10 continuums of +care and housing activities to improve outcomes for disconnected youth. + Sec. 228. With respect to grant amounts awarded under the heading +``Homeless Assistance Grants'' for fiscal years 2015 through 2020 for +the continuum of care (CoC) program as authorized under subtitle C of +title IV of the McKinney-Vento Homeless Assistance Act, costs paid by +program income of grant recipients may count toward meeting the +recipient's matching requirements, provided the costs are eligible CoC +costs that supplement the recipient's CoC program. + Sec. 229. (a) From amounts made available under this title under +the heading ``Homeless Assistance Grants'', the Secretary may award 1- +year transition grants to recipients of funds for activities under +subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C. +11381 et seq.) to transition from one Continuum of Care program +component to another. + (b) In order to be eligible to receive a transition grant, the +funding recipient must have the consent of the Continuum of Care and +meet standards determined by the Secretary. + Sec. 230. None of the funds made available by this Act may be used +by the Department of Housing and Urban Development to direct a grantee +to undertake specific changes to existing zoning laws as part of +carrying out the final rule entitled ``Affirmatively Furthering Fair +Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled +``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. +57949 (September 26, 2014)). + Sec. 231. (a) Amounts recaptured from funds appropriated for this +or any succeeding fiscal year under the heading ``Department of Housing +and Urban Development--Community Planning and Development--Homeless +Assistance Grants'' shall become available until expended not later +than the end of the fifth fiscal year after the last fiscal year for +which such funds are available and shall be available, in addition to +rental assistance amounts that were recaptured and made available until +expended under such heading by any prior Act, and in addition to such +other funds as may be available for such purposes, for the following +purposes: + (1) For grants under the Continuum of Care program under + subtitle C of title IV of the McKinney-Vento Homeless Assistance + Act (42 U.S.C. 11381 et seq.); + (2) For grants under the Emergency Solutions Grant program + under subtitle B of title IV of such Act (42 U.S.C. 11371 et seq.); + (3) Not less than 10 percent of the amounts shall be used only + for grants in rural areas under the Continuum of Care program, to + include activities eligible under the Rural Housing Stability + Assistance program under section 491 of such Act (42 U.S.C. 11408) + that are not otherwise eligible under the Continuum of Care + program; and + (4) Not less than 10 percent of the amounts shall be for + emergency solutions grants for disaster areas as authorized by + subsection (c). + (b) Prior to the use of any recaptured amounts referred to in +subsection (a), including competing, awarding, or obligating such +amounts, the Secretary shall submit a plan in accordance with +subsection (a) that specifies the planned use of any such amounts to +the Committees on Appropriations of the House of Representatives and +the Senate, and receive prior written approval of such plan, except +that use of amounts in the plan for the purposes specified in +subsection (a)(4) may begin once such plan is submitted to such +Committees. + (c)(1) The Secretary may make grants under the Emergency Solutions +Grants program under subtitle B of title IV of the McKinney-Vento +Homeless Assistance Act (42 U.S.C. 11371 et seq.) to States or local +governments to address the needs of homeless individuals or families or +individuals or families at risk of homelessness in areas affected by a +major disaster declared pursuant to the Robert T. Stafford Disaster +Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or +after the date of enactment of this Act, whose needs are not otherwise +served or fully met by existing Federal disaster relief programs, +including the Transitional Sheltering Assistance program under such Act +(42 U.S.C. 5170b). + (2) For purposes of grants under paragraph (1), the Secretary may +suspend all consultation, citizen participation, and matching +requirements. + Sec. 232. The Promise Zone designations and Promise Zone +Designation Agreements entered into pursuant to such designations, made +by the Secretary of Housing and Urban Development in prior fiscal +years, shall remain in effect in accordance with the terms and +conditions of such agreements. + Sec. 233. None of the funds made available by this Act may be used +to establish and apply review criteria, including rating factors or +preference points, for participation in or coordination with EnVision +Centers, in the evaluation, selection, and award of any funds made +available and requiring competitive selection under this Act, except +with respect to any such funds otherwise authorized for EnVision Center +purposes under this Act. + Sec. 234. (a) The Secretary of Housing and Urban Development shall +make available to grantees under programs included under the +Department's Consolidated Planning Process, not later than the +expiration of the 90-day period beginning on the date of the enactment +of this Act, the prepopulated up-to-date housing and economic data and +data for both broadband and resilience assessment requirements, as +referred to in the HUD Response to the third comment under section +III.A. of the Supplementary Information included with the final rule +entitled ``Modernizing HUD's Consolidated Planning Process To Narrow +the Digital Divide and Increase Resilience to Natural Hazards'', +published by the Department of Housing and Urban Development in the +Federal Register on Friday, December 16, 2016 (81 Fed. Reg. 91000). + (b) The Secretary of Housing and Urban Development shall require +such grantees to incorporate the broadband and resilience components +into the Consolidated Plan process not later than the expiration of the +270-day period beginning on the date of the enactment of this Act. + Sec. 235. None of the funds made available by this or any prior +Act may be used to require or enforce any changes to the terms and +conditions of the public housing annual contributions contract between +the Secretary and any public housing agency, as such contract was in +effect as of December 31, 2017, unless such changes are mutually agreed +upon by the Secretary and such agency: Provided, That such agreement +by an agency may be indicated only by a written amendment to the terms +and conditions containing the duly authorized signature of its chief +executive: Provided further, That the Secretary may not withhold funds +to compel such agreement by an agency which certifies to its compliance +with its contract. + Sec. 236. None of the amounts made available in this Act or in the +Department of Housing and Urban Development Appropriations Act, 2019 +(Public Law 116-6) may be used to consider Family Self-Sufficiency +performance measures or performance scores in determining funding +awards for programs receiving Family Self-Sufficiency program +coordinator funding provided in this Act or in the Department of +Housing and Urban Development Appropriations Act, 2019 (Public Law 116- +6). + Sec. 237. (a) All unobligated balances from funds appropriated +under the heading ``Department of Housing and Urban Development Public +and Indian Housing--Tenant Based Rental Assistance'' in chapter 10 of +title I of division B of the Consolidated Security, Disaster +Assistance, and Continuing Appropriations Act, 2009 (Public Law 110- +329) are hereby rescinded. + (b) All unobligated balances from funds appropriated under the +heading ``Department of Housing and Urban Development Public and Indian +Housing--Project-Based Rental Assistance'' in chapter 10 of title I of +division B of the Consolidated Security, Disaster Assistance, and +Continuing Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 324) +(as amended by section 1203 of Public Law 111-32; 123 Stat. 1859) are +hereby rescinded. + Sec. 238. Any public housing agency designated as a Moving to Work +agency pursuant to section 239 of (Public Law 114-113) may, upon such +designation, use funds (except for special purpose funding, including +special purpose vouchers) previously allocated to any such public +housing agency under section 8 or 9 of the United States Housing Act of +1937, including any reserve funds held by the public housing agency or +funds held by the Department of Housing and Urban Development, pursuant +to the authority for use of section 8 or 9 funding provided under such +section and section 204 of title II of the Departments of Veterans +Affairs and Housing and Urban Development and Independent Agencies +Appropriations Act, 1996 (Public Law 104-134), notwithstanding the +purposes for which such funds were appropriated. + Sec. 239. None of the amounts made available by this Act or by +Public Law 116-6 may be used to prohibit any public housing agency +under receivership or the direction of a Federal monitor from applying +for, receiving, or using funds made available under the heading +``Public Housing Capital Fund'' for competitive grants to evaluate and +reduce lead-based paint hazards in this Act or that remain available +and not awarded from prior Acts, or be used to prohibit a public +housing agency from using such funds to carry out any required work +pursuant to a settlement agreement, consent decree, voluntary +agreement, or similar document for a violation of the Lead Safe Housing +or Lead Disclosure Rules. + This title may be cited as the ``Department of Housing and Urban +Development Appropriations Act, 2020''. + + TITLE III + + RELATED AGENCIES + + Access Board + + salaries and expenses + + For expenses necessary for the Access Board, as authorized by +section 502 of the Rehabilitation Act of 1973, as amended, $9,200,000: +Provided, That, notwithstanding any other provision of law, there may +be credited to this appropriation funds received for publications and +training expenses: Provided further, That of this amount, $800,000 +shall be for activities authorized under section 432 of Public Law 115- +254. + + Federal Maritime Commission + + salaries and expenses + + For necessary expenses of the Federal Maritime Commission as +authorized by section 201(d) of the Merchant Marine Act, 1936, as +amended (46 U.S.C. 307), including services as authorized by 5 U.S.C. +3109; hire of passenger motor vehicles as authorized by 31 U.S.C. +1343(b); and uniforms or allowances therefore, as authorized by 5 +U.S.C. 5901-5902, $28,000,000: Provided, That not to exceed $2,000 +shall be available for official reception and representation expenses. + + National Railroad Passenger Corporation + + Office of Inspector General + + salaries and expenses + + For necessary expenses of the Office of Inspector General for the +National Railroad Passenger Corporation to carry out the provisions of +the Inspector General Act of 1978, as amended, $24,274,000: Provided, +That the Inspector General shall have all necessary authority, in +carrying out the duties specified in the Inspector General Act, as +amended (5 U.S.C. App. 3), to investigate allegations of fraud, +including false statements to the government (18 U.S.C. 1001), by any +person or entity that is subject to regulation by the National Railroad +Passenger Corporation: Provided further, That the Inspector General +may enter into contracts and other arrangements for audits, studies, +analyses, and other services with public agencies and with private +persons, subject to the applicable laws and regulations that govern the +obtaining of such services within the National Railroad Passenger +Corporation: Provided further, That the Inspector General may select, +appoint, and employ such officers and employees as may be necessary for +carrying out the functions, powers, and duties of the Office of +Inspector General, subject to the applicable laws and regulations that +govern such selections, appointments, and employment within the +Corporation: Provided further, That concurrent with the President's +budget request for fiscal year 2021, the Inspector General shall submit +to the House and Senate Committees on Appropriations a budget request +for fiscal year 2021 in similar format and substance to those submitted +by executive agencies of the Federal Government. + + National Transportation Safety Board + + salaries and expenses + + For necessary expenses of the National Transportation Safety Board, +including hire of passenger motor vehicles and aircraft; services as +authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed +the per diem rate equivalent to the rate for a GS-15; uniforms, or +allowances therefor, as authorized by law (5 U.S.C. 5901-5902), +$110,400,000, of which not to exceed $2,000 may be used for official +reception and representation expenses. The amounts made available to +the National Transportation Safety Board in this Act include amounts +necessary to make lease payments on an obligation incurred in fiscal +year 2001 for a capital lease. + + Neighborhood Reinvestment Corporation + + payment to the neighborhood reinvestment corporation + + For payment to the Neighborhood Reinvestment Corporation for use in +neighborhood reinvestment activities, as authorized by the Neighborhood +Reinvestment Corporation Act (42 U.S.C. 8101-8107), $157,500,000, of +which $5,000,000 shall be for a multi-family rental housing program: +Provided, That an additional $1,000,000, to remain available until +September 30, 2023, shall be for the promotion and development of +shared equity housing models. + + Surface Transportation Board + + salaries and expenses + + For necessary expenses of the Surface Transportation Board, +including services authorized by 5 U.S.C. 3109, $37,100,000: Provided, +That notwithstanding any other provision of law, not to exceed +$1,250,000 from fees established by the Chairman of the Surface +Transportation Board shall be credited to this appropriation as +offsetting collections and used for necessary and authorized expenses +under this heading: Provided further, That the sum herein appropriated +from the general fund shall be reduced on a dollar-for-dollar basis as +such offsetting collections are received during fiscal year 2020, to +result in a final appropriation from the general fund estimated at no +more than $35,850,000. + + United States Interagency Council on Homelessness + + operating expenses + + For necessary expenses (including payment of salaries, authorized +travel, hire of passenger motor vehicles, the rental of conference +rooms, and the employment of experts and consultants under section 3109 +of title 5, United States Code) of the United States Interagency +Council on Homelessness in carrying out the functions pursuant to title +II of the McKinney-Vento Homeless Assistance Act, as amended, +$3,800,000, to remain available until September 30, 2021. + + TITLE IV + + GENERAL PROVISIONS--THIS ACT + + Sec. 401. None of the funds in this Act shall be used for the +planning or execution of any program to pay the expenses of, or +otherwise compensate, non-Federal parties intervening in regulatory or +adjudicatory proceedings funded in this Act. + Sec. 402. None of the funds appropriated in this Act shall remain +available for obligation beyond the current fiscal year, nor may any be +transferred to other appropriations, unless expressly so provided +herein. + Sec. 403. The expenditure of any appropriation under this Act for +any consulting service through a procurement contract pursuant to +section 3109 of title 5, United States Code, shall be limited to those +contracts where such expenditures are a matter of public record and +available for public inspection, except where otherwise provided under +existing law, or under existing Executive order issued pursuant to +existing law. + Sec. 404. (a) None of the funds made available in this Act may be +obligated or expended for any employee training that-- + (1) does not meet identified needs for knowledge, skills, and + abilities bearing directly upon the performance of official duties; + (2) contains elements likely to induce high levels of emotional + response or psychological stress in some participants; + (3) does not require prior employee notification of the content + and methods to be used in the training and written end of course + evaluation; + (4) contains any methods or content associated with religious + or quasi-religious belief systems or ``new age'' belief systems as + defined in Equal Employment Opportunity Commission Notice N- + 915.022, dated September 2, 1988; or + (5) is offensive to, or designed to change, participants' + personal values or lifestyle outside the workplace. + (b) Nothing in this section shall prohibit, restrict, or otherwise +preclude an agency from conducting training bearing directly upon the +performance of official duties. + Sec. 405. Except as otherwise provided in this Act, none of the +funds provided in this Act, provided by previous appropriations Acts to +the agencies or entities funded in this Act that remain available for +obligation or expenditure in fiscal year 2020, or provided from any +accounts in the Treasury derived by the collection of fees and +available to the agencies funded by this Act, shall be available for +obligation or expenditure through a reprogramming of funds that-- + (1) creates a new program; + (2) eliminates a program, project, or activity; + (3) increases funds or personnel for any program, project, or + activity for which funds have been denied or restricted by the + Congress; + (4) proposes to use funds directed for a specific activity by + either the House or Senate Committees on Appropriations for a + different purpose; + (5) augments existing programs, projects, or activities in + excess of $5,000,000 or 10 percent, whichever is less; + (6) reduces existing programs, projects, or activities by + $5,000,000 or 10 percent, whichever is less; or + (7) creates, reorganizes, or restructures a branch, division, + office, bureau, board, commission, agency, administration, or + department different from the budget justifications submitted to + the Committees on Appropriations or the table accompanying the + joint explanatory statement accompanying this Act, whichever is + more detailed, unless prior approval is received from the House and + Senate Committees on Appropriations: Provided, That not later than + 60 days after the date of enactment of this Act, each agency funded + by this Act shall submit a report to the Committees on + Appropriations of the Senate and of the House of Representatives to + establish the baseline for application of reprogramming and + transfer authorities for the current fiscal year: Provided + further, That the report shall include-- + (A) a table for each appropriation with a separate column + to display the prior year enacted level, the President's budget + request, adjustments made by Congress, adjustments due to + enacted rescissions, if appropriate, and the fiscal year + enacted level; + (B) a delineation in the table for each appropriation and + its respective prior year enacted level by object class and + program, project, and activity as detailed in this Act, the + table accompanying the explanatory statement accompanying this + Act, accompanying reports of the House and Senate Committee on + Appropriations, or in the budget appendix for the respective + appropriations, whichever is more detailed, and shall apply to + all items for which a dollar amount is specified and to all + programs for which new budget (obligational) authority is + provided, as well as to discretionary grants and discretionary + grant allocations; and + (C) an identification of items of special congressional + interest. + Sec. 406. Except as otherwise specifically provided by law, not to +exceed 50 percent of unobligated balances remaining available at the +end of fiscal year 2020 from appropriations made available for salaries +and expenses for fiscal year 2020 in this Act, shall remain available +through September 30, 2021, for each such account for the purposes +authorized: Provided, That a request shall be submitted to the House +and Senate Committees on Appropriations for approval prior to the +expenditure of such funds: Provided further, That these requests shall +be made in compliance with reprogramming guidelines under section 405 +of this Act. + Sec. 407. No funds in this Act may be used to support any Federal, +State, or local projects that seek to use the power of eminent domain, +unless eminent domain is employed only for a public use: Provided, +That for purposes of this section, public use shall not be construed to +include economic development that primarily benefits private entities: +Provided further, That any use of funds for mass transit, railroad, +airport, seaport or highway projects, as well as utility projects which +benefit or serve the general public (including energy-related, +communication-related, water-related and wastewater-related +infrastructure), other structures designated for use by the general +public or which have other common-carrier or public-utility functions +that serve the general public and are subject to regulation and +oversight by the government, and projects for the removal of an +immediate threat to public health and safety or brownfields as defined +in the Small Business Liability Relief and Brownfields Revitalization +Act (Public Law 107-118) shall be considered a public use for purposes +of eminent domain. + Sec. 408. None of the funds made available in this Act may be +transferred to any department, agency, or instrumentality of the United +States Government, except pursuant to a transfer made by, or transfer +authority provided in, this Act or any other appropriations Act. + Sec. 409. No part of any appropriation contained in this Act shall +be available to pay the salary for any person filling a position, other +than a temporary position, formerly held by an employee who has left to +enter the Armed Forces of the United States and has satisfactorily +completed his or her period of active military or naval service, and +has within 90 days after his or her release from such service or from +hospitalization continuing after discharge for a period of not more +than 1 year, made application for restoration to his or her former +position and has been certified by the Office of Personnel Management +as still qualified to perform the duties of his or her former position +and has not been restored thereto. + Sec. 410. No funds appropriated pursuant to this Act may be +expended by an entity unless the entity agrees that in expending the +assistance the entity will comply with sections 2 through 4 of the Act +of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy +American Act''). + Sec. 411. No funds appropriated or otherwise made available under +this Act shall be made available to any person or entity that has been +convicted of violating the Buy American Act (41 U.S.C. 8301-8305). + Sec. 412. None of the funds made available in this Act may be used +for first-class airline accommodations in contravention of sections +301-10.122 and 301-10.123 of title 41, Code of Federal Regulations. + Sec. 413. (a) None of the funds made available by this Act may be +used to approve a new foreign air carrier permit under sections 41301 +through 41305 of title 49, United States Code, or exemption application +under section 40109 of that title of an air carrier already holding an +air operators certificate issued by a country that is party to the +U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval +would contravene United States law or Article 17 bis of the U.S.-E.U.- +Iceland-Norway Air Transport Agreement. + (b) Nothing in this section shall prohibit, restrict or otherwise +preclude the Secretary of Transportation from granting a foreign air +carrier permit or an exemption to such an air carrier where such +authorization is consistent with the U.S.-E.U.-Iceland-Norway Air +Transport Agreement and United States law. + Sec. 414. None of the funds made available in this Act may be used +to send or otherwise pay for the attendance of more than 50 employees +of a single agency or department of the United States Government, who +are stationed in the United States, at any single international +conference unless the relevant Secretary reports to the House and +Senate Committees on Appropriations at least 5 days in advance that +such attendance is important to the national interest: Provided, That +for purposes of this section the term ``international conference'' +shall mean a conference occurring outside of the United States attended +by representatives of the United States Government and of foreign +governments, international organizations, or nongovernmental +organizations. + Sec. 415. None of the funds appropriated or otherwise made +available under this Act may be used by the Surface Transportation +Board to charge or collect any filing fee for rate or practice +complaints filed with the Board in an amount in excess of the amount +authorized for district court civil suit filing fees under section 1914 +of title 28, United States Code. + Sec. 416. None of the funds made available by this Act may be used +by the Department of Transportation, the Department of Housing and +Urban Development, or any other Federal agency to lease or purchase new +light duty vehicles for any executive fleet, or for an agency's fleet +inventory, except in accordance with Presidential Memorandum--Federal +Fleet Performance, dated May 24, 2011. + Sec. 417. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + Sec. 418. (a) None of the funds made available in this Act may be +used to deny an Inspector General funded under this Act timely access +to any records, documents, or other materials available to the +department or agency over which that Inspector General has +responsibilities under the Inspector General Act of 1978 (5 U.S.C. +App.), or to prevent or impede that Inspector General's access to such +records, documents, or other materials, under any provision of law, +except a provision of law that expressly refers to the Inspector +General and expressly limits the Inspector General's right of access. + (b) A department or agency covered by this section shall provide +its Inspector General with access to all such records, documents, and +other materials in a timely manner. + (c) Each Inspector General shall ensure compliance with statutory +limitations on disclosure relevant to the information provided by the +establishment over which that Inspector General has responsibilities +under the Inspector General Act of 1978 (5 U.S.C. App.). + (d) Each Inspector General covered by this section shall report to +the Committees on Appropriations of the House of Representatives and +the Senate within 5 calendar days any failures to comply with this +requirement. + Sec. 419. None of the funds appropriated or otherwise made +available by this Act may be used to pay award or incentive fees for +contractors whose performance has been judged to be below satisfactory, +behind schedule, over budget, or has failed to meet the basic +requirements of a contract, unless the Agency determines that any such +deviations are due to unforeseeable events, government-driven scope +changes, or are not significant within the overall scope of the project +and/or program unless such awards or incentive fees are consistent with +16.401(e)(2) of the Federal Acquisition Regulations. + Sec. 420. Except as expressly provided otherwise, any reference to +``this Act'' contained in this division shall be treated as referring +only to the provisions of this division. + Sec. 421. None of the funds made available by this Act may be used +in contravention of section 5309(d)(2) of title 49, United States Code. + Sec. 422. None of the funds made available by this division may be +used to issue rules or guidance in contravention of section 1210 of +Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T. +Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155). + Sec. 423. None of the funds made available by this division may be +used in contravention of section 2635.702 of title 5, Code of Federal +Regulations. + Sec. 424. Of the unobligated balances of funds remaining from-- + (1) Public Law 91-605, and any other Act, appropriated to the + ``Rail Crossings Demonstration Projects'' account under Treasury + Account Fund Symbol 69X0555, a total of $517,220.20 is hereby + permanently rescinded; + (2) Public Law 92-18, and any other Act, appropriated to the + ``Darien Gap Highway'' account under Treasury Account Fund Symbol + 69X0553, a total of $2,037,034.50 is hereby permanently rescinded; + (3) Public Law 93-87, and any other Act, appropriated to the + ``Alaska Highway'' account under Treasury Account Fund Symbol + 69X0537, a total of $62,861.61 is hereby permanently rescinded; + (4) Public Law 94-387, and any other Act, appropriated to the + ``Railroad-Highway Crossings Demonstration Projects'' account under + Treasury Account Fund Symbol 69X0557, a total of $2,035,137.12 is + hereby permanently rescinded; + (5) Public Law 97-257, and any other Act, appropriated to the + ``Access Highways to Public Recreation Areas on Certain Lakes'' + account under Treasury Account Fund Symbol 69X0503, a total of + $352,333.19 is hereby permanently rescinded; + (6) Public Law 99-190, and any other Act, appropriated to the + ``Highway Beautification'' account under Treasury Account Fund + Symbol 69X0540, a total of $488,909.57 is hereby permanently + rescinded; + (7) Public Law 101-164, and any other Act, appropriated to the + ``Highway Demonstration Projects-Preliminary Engineering'' account + under Treasury Account Fund Symbol 69X0583, a total of + $2,601,431.71 is hereby permanently rescinded; + (8) Public Law 101-516, and any other Act, appropriated to the + ``Highway Demonstration Projects'' account under Treasury Account + Fund Symbol 69X0598, a total of $1,341 is hereby permanently + rescinded; + (9) Public Law 102-143, and any other Act, appropriated to the + ``Highway Studies Feasibility, Design, Environmental, Engineering'' + account under Treasury Account Fund Symbol 69X0533, a total of + $262,204.01 is hereby permanently rescinded; + (10) Public Law 103-331, and any other Act, appropriated to the + ``Surface Transportation Projects'' account under Treasury Account + Fund Symbol 69X0505, a total of $573,097.13 is hereby permanently + rescinded; and + (11) Public Law 107-87, and any other Act, appropriated to the + ``Miscellaneous Highway Project'' account under Treasury Account + Fund Symbol 69X0641, a total of $11,003,637 is hereby permanently + rescinded. + Sec. 425. (a) Section 127(l)(3)(A) of title 23, United States Code, +is amended-- + (1) in the matter preceding clause (i), in the first sentence, + by striking ``clause (i) or (ii)'' and inserting ``clauses (i) + through (iv)''; and + (2) by adding at the end the following: + ``(iii) The Wendell H. Ford (Western Kentucky) Parkway + (to be designated as a spur of Interstate Route 69) from + the interchange with the William H. Natcher Parkway in Ohio + County, Kentucky, west to the interchange of the Western + Kentucky Parkway with the Edward T. Breathitt (Pennyrile) + Parkway. + ``(iv) The Edward T. Breathitt (Pennyrile) Parkway (to + be designated as a spur of Interstate Route 69) from + Interstate 24, north to Interstate 69.''. + (b) Designation as High Priority Corridor.--Section 1105(c) of the +Intermodal Surface Transportation Efficiency Act of 1991 (Public Law +102-240; 105 Stat. 2032; 131 Stat. 797) is amended by adding at the end +the following: + ``(91) The Wendell H. Ford (Western Kentucky) Parkway from the + interchange with the William H. Natcher Parkway in Ohio County, + Kentucky, west to the interchange of the Western Kentucky Parkway + with the Edward T. Breathitt (Pennyrile) Parkway.''. + (c) Designation as Future Interstate.--Section 1105(e)(5)(A) of the +Intermodal Surface Transportation Efficiency Act of 1991 (Public Law +102-240; 109 Stat. 597; 131 Stat. 797) is amended in the first sentence +by striking ``and subsection (c)(90)'' and inserting ``subsection +(c)(90), and subsection (c)(91)''. + (d) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the +Intermodal Surface Transportation Efficiency Act of 1991 (Public Law +102-240; 109 Stat. 598; 126 Stat. 426; 131 Stat. 797) is amended by +adding at the end the following: ``The route referred to in subsection +(c)(91) is designated as Interstate Route I-569.''. + (e) Exemption.--Notwithstanding section 111 of title 23, United +States Code, if the segment of highway described in paragraph (91) of +section 1105(c) of the Intermodal Surface Transportation Efficiency Act +of 1991 (Public Law 102-240; 105 Stat. 2032; 131 Stat. 797) is +designated as a route on the Interstate System, any commercial +establishment operating legally in a rest area on that segment before +the date of that designation may continue to operate in the Interstate +right-of-way, subject to the Interstate access standards established +under section 111 of that title. + This division may be cited as the ``Transportation, Housing and +Urban Development, and Related Agencies Appropriations Act, 2020''. + + DIVISION I--EXTENSIONS + + TITLE I + + IMMIGRATION EXTENSIONS + + Sec. 101. Section 401(b) of the Illegal Immigration Reform and +Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be +applied by substituting ``September 30, 2020'' for ``September 30, +2015''. + Sec. 102. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the +Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and +(III)) shall be applied by substituting ``September 30, 2020'' for +``September 30, 2015''. + Sec. 103. Section 220(c) of the Immigration and Nationality +Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied +by substituting ``September 30, 2020'' for ``September 30, 2015''. + Sec. 104. Section 610(b) of the Departments of Commerce, Justice, +and State, the Judiciary, and Related Agencies Appropriations Act, 1993 +(8 U.S.C. 1153 note) shall be applied by substituting ``September 30, +2020'' for ``September 30, 2015''. + Sec. 105. Notwithstanding the numerical limitation set forth in +section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. +1184(g)(1)(B)), the Secretary of Homeland Security, after consultation +with the Secretary of Labor, and upon the determination that the needs +of American businesses cannot be satisfied in fiscal year 2020 with +United States workers who are willing, qualified, and able to perform +temporary nonagricultural labor, may increase the total number of +aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of +such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above +such limitation by not more than the highest number of H-2B +nonimmigrants who participated in the H-2B returning worker program in +any fiscal year in which returning workers were exempt from such +numerical limitation. + + TITLE II + + NATIONAL FLOOD INSURANCE PROGRAM EXTENSION + + Sec. 201. Sections 1309(a) and 1319 of the National Flood +Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by +substituting ``September 30, 2020'' for ``September 30, 2019''. + + TITLE III--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION + EXTENSION + + SEC. 301. EXTENSION OF THE SECURE RURAL SCHOOLS AND COMMUNITY SELF- + DETERMINATION ACT OF 2000. + (a) Secure Payments for States and Counties Containing Federal +Land.-- + (1) Secure payments.--Section 101 of the Secure Rural Schools + and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is + amended, in subsections (a) and (b), by striking ``and 2018'' each + place it appears and inserting ``2018, 2019, and 2020''. + (2) Payments to states and counties.-- + (A) Election to receive payment amount.--Section 102(b) of + the Secure Rural Schools and Community Self-Determination Act + of 2000 (16 U.S.C. 7112(b)) is amended-- + (i) in paragraph (1)(D)-- + + (I) in the subparagraph heading, by striking ``for + fiscal years 2017 and 2018'' and inserting ``for each + of fiscal years 2017 through 2020''; and + (II) by striking ``for fiscal years 2017 or 2018'' + and inserting ``for each of fiscal years 2017 through + 2020''; and + + (ii) in paragraph (2), in subparagraphs (A) and (B), by + striking ``for fiscal years 2017 and 2018'' each place it + appears and inserting ``for each of fiscal years 2017 + through 2020''. + (B) Expenditure rules for eligible counties.--Section + 102(d) of the Secure Rural Schools and Community Self- + Determination Act of 2000 (16 U.S.C. 7112(d)) is amended-- + (i) in paragraph (1)(F)-- + + (I) in the subparagraph heading, by striking ``for + fiscal years 2017 and 2018'' and inserting ``for each + of fiscal years 2017 through 2020''; and + (II) by striking ``for fiscal years 2017 and 2018'' + and inserting ``for each of fiscal years 2017 through + 2020''; and + + (ii) in paragraph (3)(D)-- + + (I) in the subparagraph heading, by striking ``for + fiscal years 2017 and 2018'' and inserting ``for each + of fiscal years 2017 through 2020''; and + (II) by striking ``for fiscal years 2017 and 2018'' + and inserting ``for each of fiscal years 2017 through + 2020''. + + (C) Distribution of payments to eligible counties.--Section + 103(d)(2) of the Secure Rural Schools and Community Self- + Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by + striking ``through and for fiscal years 2017 and 2018'' and + inserting ``through 2015 and for each of fiscal years 2017 + through 2020''. + (b) Extension of Authority To Conduct Special Projects on Federal +Land.-- + (1) Existing advisory committees.--Section 205(a)(4) of the + Secure Rural Schools and Community Self-Determination Act of 2000 + (16 U.S.C. 7125(a)(4)) is amended by striking ``September 29, + 2018'' each place it appears and inserting ``December 20, 2021''. + (2) Termination of authority.--Section 208 of the Secure Rural + Schools and Community Self-Determination Act of 2000 (16 U.S.C. + 7128) is amended-- + (A) in subsection (a), by striking ``2020'' and inserting + ``2022''; and + (B) in subsection (b), by striking ``2021'' and inserting + ``2023''. + (c) Extension of Authority To Expend County Funds.--Section 304 of +the Secure Rural Schools and Community Self-Determination Act of 2000 +(16 U.S.C. 7144) is amended-- + (1) in subsection (a), by striking ``2020'' and inserting + ``2022''; and + (2) in subsection (b), by striking ``2021'' and inserting + ``2023''. + + TITLE IV--EXPORT-IMPORT BANK EXTENSION + + + authorization period + + Sec. 401. + (a) In General.--Section 7 of the Export-Import Bank Act of 1945 +(12 U.S.C. 635f) is amended by striking ``September 30, 2019'' and +inserting ``December 31, 2026''. + (b) Exposure Limit.--Section 6(a)(2) of such Act (12 U.S.C. +635e(a)(2)) is amended by striking ``for each of fiscal years 2015 +through 2019'' and inserting ``for each of fiscal years 2020 through +2027''. + + + program on china and transformational exports + + Sec. 402. + (a) In General.--Section 2 of the Export-Import Bank Act of 1945 +(12 U.S.C. 635) is amended by adding at the end the following: + ``(l) Program on China and Transformational Exports.-- + ``(1) In general.--The Bank shall establish a Program on China + and Transformational Exports to support the extension of loans, + guarantees, and insurance, at rates and on terms and other + conditions, to the extent practicable, that are fully competitive + with rates, terms, and other conditions established by the People's + Republic of China or by a covered country, that aim to-- + ``(A) directly neutralize export subsidies for competing + goods and services financed by official export credit, tied + aid, or blended financing provided by the People's Republic of + China or by a covered country; or + ``(B) advance the comparative leadership of the United + States with respect to the People's Republic of China, or + support United States innovation, employment, and technological + standards, through direct exports in any of the following + areas: + ``(i) Artificial intelligence. + ``(ii) Biotechnology. + ``(iii) Biomedical sciences. + ``(iv) Wireless communications equipment (including 5G + or subsequent wireless technologies). + ``(v) Quantum computing. + ``(vi) Renewable energy, energy efficiency, and energy + storage. + ``(vii) Semiconductor and semiconductor machinery + manufacturing. + ``(viii) Emerging financial technologies, including + technologies that facilitate-- + + ``(I) financial inclusion through increased access + to capital and financial services; + ``(II) data security and privacy; + ``(III) payments, the transfer of funds, and + associated messaging services; and + ``(IV) efforts to combat money laundering and the + financing of terrorism. + + ``(ix) Water treatment and sanitation, including + technologies and infrastructure to reduce contaminants and + improve water quality. + ``(x) High performance computing. + ``(xi) Associated services necessary for use of any of + the foregoing exports. + ``(2) Covered countries.--In this subsection, the term `covered + country' means any country that-- + ``(A) the Secretary of the Treasury designates as a covered + country in a report to the Committee on Financial Services of + the House of Representatives and the Committee on Banking, + Housing, and Urban Development of the Senate; + ``(B) is not a participant in the Arrangement on Officially + Supported Export Credits of the Organization for Economic + Cooperation and Development (in this subsection referred to as + the `Arrangement'); and + ``(C) is not in substantial compliance with the financial + terms and conditions of the Arrangement. + ``(3) Financing.-- + ``(A) In general.--It shall be a goal of the Bank to + reserve not less than 20 percent of the applicable amount (as + defined in section 6(a)(2)) for support made pursuant to the + Program on China and Transformational Exports. + ``(B) Exception.--The Secretary of the Treasury may reduce + or eliminate the 20 percent goal in subparagraph (A), on + reporting to the Committee on Financial Services of the House + of Representatives and the Committee on Banking, Housing, and + Urban Affairs of the Senate that the People's Republic of China + is in substantial compliance with-- + ``(i) the financial terms and conditions of the + Arrangement; and + ``(ii) the rules and principles of the Paris Club. + ``(C) Sunset and report.--The program established under + paragraph (1) shall expire on December 31, 2026. Not later than + 4 years after enactment of this subsection, the President of + the Bank shall submit a report to the Committee on Financial + Services of the House of Representatives and the Committee on + Banking, Housing, and Urban Affairs of the Senate assessing the + following: + ``(i) The capacity and demand of United States entities + to export goods and services in the areas described in + paragraph (1)(B), as assessed in consultation with the + Secretary of Commerce. + ``(ii) The availability of private-sector financing for + exports in the areas. + ``(iii) The feasibility and advisability of continuing + the goal of subparagraph (A) of this paragraph with respect + to paragraph (1)(B) after December 31, 2026. + ``(D) National advisory council on international monetary + and financial problems.--The National Advisory Council on + International Monetary and Financial Problems shall ensure that + Bank authorizations pursuant to the Program on China and + Transformational Exports are considered or reviewed + expeditiously, consistent with the other credit standards + required by law.''. + (b) Required Reporting.--Section 8 of such Act (12 U.S.C. 635g) is +amended by adding at the end the following: + ``(l) Report on Authorizations Under the Pro- Gram on China and +Transformational Exports.--The Bank shall include in its annual report +to Congress under subsection (a) a narrative and financial summary of +the authorizations made under the Program on China and Transformational +Exports.''. + (c) Rule of Construction.--Nothing in section 2(l)(1)(B) of the +Export-Import Bank Act of 1945 shall be construed to weaken any export +controls affecting critical technologies (as defined in section +721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. +4565(a)(6)(A))). + + + small business policy + + Sec. 403. + Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. +635(b)(1)) is amended by striking subparagraph (E)(i)(I) and inserting +the following: + ``(E)(i)(I) It is further the policy of the United States to +encourage the participation of small business (including women-owned +businesses, minority-owned businesses, veteran-owned businesses, +businesses owned by persons with disabilities, and businesses in rural +areas) and start-up businesses in international commerce, and to +educate such businesses about how to export goods using the Bank.''. + + + increase in small business threshold + + Sec. 404. + (a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank +Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``25'' +and inserting ``30''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on January 1, 2021. + + + exclusion of unutilized insurance authority in calculating small + business threshold + + Sec. 405. + Section 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945 (12 +U.S.C. 635(b)(1)(E)(v)) is amended by adding at the end the following: +``For the purpose of calculating the amounts of authority required +under this clause, the Bank shall, with respect to insurance, exclude +unutilized authorizations that terminated during the fiscal year.''. + + + anti-fraud reforms + + Sec. 406. + Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is +amended-- + (1) in subsection (f), by striking the period and inserting: + ``, and shall deny an application for assistance if the end user, + borrower, lender, or exporter has been convicted of an act of fraud + or corruption in connection with an application for support from + the Bank made in the preceding 5 years. The Bank may proceed with + an application described in this subsection only if an end user, + borrower, lender, or exporter can be fully excluded from the + transaction.''; and + (2) in subsection (i), by striking ``should require'' and + inserting ``shall require''. + + + financing for renewable energy, energy efficiency, and energy storage + technologies + + Sec. 407. + Section 2(b)(1)(K) of the Export-Import Bank Act of 1945 (12 U.S.C. +635(b)(1)(K)) is amended by inserting ``, energy efficiency (including +battery electric vehicles, batteries for electric vehicles, and +electric vehicle charging infrastructure), and energy storage. It shall +be a goal of the Bank to ensure that not less than 5 percent of the +applicable amount (as defined in section 6(a)(2)) is made available +each fiscal year for the financing of renewable energy, energy +efficiency (including battery electric vehicles, batteries for electric +vehicles, and electric vehicle charging infrastructure), and energy +storage technology exports'' before the period. + + + reporting on financing related to china + + Sec. 408. + (a) National Interest Report.--Before authorizing a loan or +guarantee for a transaction in an amount greater than $25,000,000 for +which the end user, lender, or obligor is the government of China, the +President of the Export-Import Bank of the United States (in this +section referred to as the ``Bank'') shall-- + (1) report to the Committee on Financial Services of the House + of Representatives and the Committee on Banking, Housing, and Urban + Affairs of the Senate that the Bank has consulted with the + Secretary of State and any other relevant department or agency, as + deemed appropriate by the President of the United States, to assess + any risks posed by the entity or the transaction to the national + interest of the United States; and + (2) include a summary of the transaction and the consultation. + (b) Form of Report.--The report described in subsection (a) shall +be submitted in unclassified form but may include a classified annex. + (c) Related Policies.-- + (1) The Board of Directors of the Bank shall prescribe policies + for the Bank with respect to-- + (A) procedures required by the consultation described in + subsection (a)(1); + (B) establishment of a period of not less than 25 days to + complete the consultations described in subsection (a) during + which time consulted parties may submit any appropriate + information to the Bank; and + (C) efforts by the Bank to assess and determine ownership + or control by the government of China pursuant to the + requirements of subsection (a). + (2) In prescribing the policies described under paragraph (1) + of this subsection, the Board of Directors of the Bank shall-- + (A) consult with the Secretary of State with respect to the + procedures referred to in subparagraphs (A) and (B) of + paragraph (1) of this subsection, and seek to ensure that the + procedures-- + (i) are consistent, wherever appropriate, with national + interest determinations made under section 2(b)(1)(B) of + the Export-Import Bank Act of 1945; and + (ii) include coordination between the Secretary of + State and the Director of National Intelligence, wherever + appropriate; and + (B) consult with the Secretary of the Treasury with respect + to the efforts described in paragraph (1)(C) of this + subsection. + (d) Definition.--For the purposes of this section, the term +``government of China'' means any person that the Bank has reason to +believe is-- + (1) the state and the government of China, as well as any + political subdivision, agency, or instrumentality thereof; + (2) any entity controlled, directly or indirectly, by any of + the foregoing, including any partnership, association, or other + entity in which any of the foregoing owns a 50 percent or greater + interest or a controlling interest, and any entity which is + otherwise controlled by any of the foregoing; + (3) any person that is or has been acting or purporting to act, + directly or indirectly, for or on behalf of any of the foregoing; + and + (4) any other person which the Secretary of the Treasury has + notified the Bank is included in any of the foregoing. + (e) Sunset.--This section shall have no force or effect on the +earlier of--- + (1) December 31, 2026; or + (2) the date that is 30 days after the date that the President + of the United States reports to the Committee on Financial Services + of the House of Representatives and the Committee on Banking, + Housing, and Urban Affairs of the Senate that China is in + substantial compliance with-- + (A) the financial terms and conditions of the Arrangement + on Officially Supported Export Credits of the Organization for + Economic Cooperation and Development; and + (B) the rules and principles of the Paris Club. + + + alternative procedures during quorum lapse + + Sec. 409. + (a) In General.--Section 3(c)(6) of the Export-Import Bank Act of +1945 (12 U.S.C. 635a(c)(6)) is amended-- + (1) by inserting ``(A)'' after ``(6)''; and + (2) by adding at the end the following: + ``(B)(i) If there is an insufficient number of directors to +constitute a quorum under subparagraph (A) for 120 consecutive days +during the term of a President of the United States, a temporary Board, +consisting of the following members, shall act in the stead of the +Board of Directors: + ``(I) The United States Trade Representative. + ``(II) The Secretary of the Treasury. + ``(III) The Secretary of Commerce. + ``(IV) The members of the Board of Directors. + ``(ii) If, at a meeting of the temporary Board-- + ``(I) a member referred to in clause (i)(IV) is present, the + meeting shall be chaired by such a member, consistent with Bank + bylaws; or + ``(II) no such member is present, the meeting shall be chaired + by the United States Trade Representative. + ``(iii) A member described in subclause (I), (II), or (III) of +clause (i) may delegate the authority of the member to vote on whether +to authorize a transaction, whose value does not exceed $100,000,000, +to-- + ``(I) if the member is the United States Trade Representative, + the Deputy United States Trade Representative; or + ``(II) if the member is referred to in such subclause (II) or + (III), the Deputy Secretary of the department referred to in the + subclause. + ``(iv) If the temporary Board consists of members of only one +political party, the President of the United States shall, to the +extent practicable, appoint to the temporary Board a qualified member +of a different political party who occupies a position requiring +nomination by the President, by and with the consent of the Senate. + ``(v) The temporary board may not change or amend Bank policies, +procedures, bylaws, or guidelines. + ``(vi) The temporary Board shall expire at the end of the term of +the President of the United States in office at the time the temporary +Board was constituted or upon restoration of a quorum of the Board of +Directors as defined in subparagraph (A). + ``(vii) With respect to a transaction that equals or exceeds +$100,000,000, the Chairperson of the temporary Board shall ensure that +the Bank complies with section 2(b)(3).''. + (b) Termination.--The amendments made by subsection (a) shall have +no force or effect after December 31, 2026. + + TITLE V--TERRORISM RISK INSURANCE PROGRAM EXTENSION + + + short title + + Sec. 501. + This title may be cited as the ``Terrorism Risk Insurance Program +Reauthorization Act of 2019''. + + + 7-year extension of terrorism risk insurance program + + Sec. 502. + (a) Termination Date.--Section 108(a) of the Terrorism Risk +Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking +``2020'' and inserting ``2027''. + (b) Timing of Mandatory Recoupment.--Section 103(e)(7)(E)(i) of the +Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- + (1) in subclause (I)-- + (A) by striking ``2017'' and inserting ``2022''; and + (B) by striking ``2019'' and inserting ``2024''; + (2) in subclause (II)-- + (A) by striking ``2018'' and inserting ``2023''; + (B) by striking ``2024'' and inserting ``2029''; and + (C) by striking ``2019'' and inserting ``2024''; and + (3) in subclause (III)-- + (A) by striking ``2024'' and inserting ``2029''; and + (B) by striking ``2019'' and inserting ``2024''. + (c) Ongoing Reports Regarding Market Conditions for Terrorism Risk +Insurance.--Paragraph (2) of section 104(h) of the Terrorism Risk +Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- + (1) by redesignating subparagraphs (B) through (E) as + subparagraphs (C) through (F), respectively; and + (2) by inserting after subparagraph (A) the following new + subparagraph: + ``(B) an evaluation of the availability and affordability + of terrorism risk insurance, which shall include an analysis of + such availability and affordability specifically for places of + worship;''. + (d) Study and Report on Cyber Terrorism.--Not later than the +expiration of the 180-day period beginning on the date of the enactment +of this Act, the Comptroller General of the United States shall conduct +a study and report to the Committee on Financial Services of the House +of Representatives and the Committee on Banking, Housing, and Urban +Affairs of the Senate, which shall-- + (1) analyze and address-- + (A) overall vulnerabilities and potential costs of cyber + attacks to the United States public and private infrastructure + that could result in physical or digital damage; + (B) whether State-defined cyber liability under a property + and casualty line of insurance is adequate coverage for an act + of cyber terrorism; + (C) whether such risks can be adequately priced by the + private market; and + (D) whether the current risk-share system under the + Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is + appropriate for a cyber terrorism event; and + (2) set forth recommendations on how Congress could amend the + Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) to meet + the next generation of cyber threats. + + TITLE VI--NASA ENHANCED USE LEASING EXTENSION + + + short title + + Sec. 601. + This title may be cited as the ``NASA Enhanced Use Leasing +Extension Act of 2019''. + + + extension of authority to enter into leases of non-excess property of + the national aeronautics and space administration + + Sec. 602. + Section 20145(g) of title 51, United States Code, is amended, in +the first sentence, by striking ``December 31, 2019'' and inserting +``December 31, 2021''. + + TITLE VII--INKSNA EXTENSION + + + exemption from the iran, north korea, and syria nonproliferation act + + Sec. 701. + Section 7(1) of the Iran, North Korea, and Syria Nonproliferation +Act (Public Law 106-178; 50 U.S.C. 1701 note) is amended, in the +undesignated matter following subparagraph (B), by striking ``December +31, 2020'' and inserting ``December 31, 2025''. + + TITLE VIII--BRAND USA EXTENSION + + + short title + + Sec. 801. + This title may be cited as the ``Brand USA Extension Act''. + + + the corporation for travel promotion + + Sec. 802. + Subsection (b) of the Travel Promotion Act of 2009 (22 U.S.C. +2131(b)) is amended-- + (1) in paragraph (2)(A)-- + (A) in clause (ii), by inserting ``or foodservice'' after + ``restaurant''; + (B) in clause (v), by inserting ``, such as outdoor + recreation'' before the semicolon at the end; and + (C) in clause (viii), by inserting ``commercial or + private'' before ``passenger air sector''; + (2) in paragraph (5)(A)-- + (A) in clause (iii), by inserting ``speaking conventions, + sales missions,'' after ``trade shows,''; + (B) in clause (iv), by striking ``and'' at the end; + (C) in clause (v), by striking the period at the end and + inserting ``; and''; and + (D) by adding at the end the following: + ``(vi) to promote tourism to the United States through + digital media, online platforms, and other appropriate + medium.''; and + (3) in paragraph (7)(C), by striking ``3 days'' and inserting + ``5 days''. + + + accountability measures + + Sec. 803. + Subsection (c) of the Travel Promotion Act of 2009 (22 U.S.C. +2131(c)) is amended-- + (1) in paragraph (2), by striking ``$500,000'' and inserting + ``$450,000''; and + (2) in paragraph (3)-- + (A) by redesignating subparagraph (I) as subparagraph (K); + (B) in subparagraph (H)(iii), by striking ``and'' at the + end; and + (C) by inserting after subparagraph (H)(iii) the following: + ``(I) a list of countries the Corporation identifies as + emerging markets for tourism to the United States; + ``(J) a description of the efforts the Corporation has made + to promote tourism to rural areas of the United States; and''. + + + extension of funding for brand usa + + Sec. 804. + Subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C. +2131(d)) is amended-- + (1) in paragraph (2)(B), by striking ``2020'' and inserting + ``2027''; + (2) in paragraph (3)(B)(ii), by striking ``70 percent'' and + inserting ``50 percent''; and + (3) in paragraph (4)(B), by striking ``2020'' and inserting + ``2027''. + + + performance plan + + Sec. 805. + Not later than 90 days after the date of the enactment of this Act, +the Corporation for Travel Promotion shall make the performance metrics +established pursuant to subsection (f)(1)(A) of the Travel Promotion +Act of 2009 (22 U.S.C. 2131(f)(1)(A)) publicly available on the website +of the Corporation. + + + electronic system for travel authorization fee increase + + Sec. 806. + Section 217(h)(3)(B)(i)(I) of the Immigration and Nationality Act +(8 U.S.C. 1187(h)(3)(B)(i)(I)) is amended by striking ``$10'' and +inserting ``$17''. + + TITLE IX--DC OPPORTUNITY SCHOLARSHIP EXTENSIONS + + + scholarships for opportunity and results + + Sec. 901. + (a) Section 3014(a) of the Scholarships for Opportunity and Results +Act (sec. 38-1853.14, D.C. Official Code) is amended by striking +``through fiscal year 2019'' and inserting ``through fiscal year +2023''. + (b) The amendment made by subsection (a) shall take effect on +September 30, 2019. + + TITLE X--BUDGETARY EFFECTS + + + budgetary effects + + Sec. 1001. + (a) Statutory PAYGO Scorecards.--The budgetary effects of this +division and each succeeding division shall not be entered on either +PAYGO scorecard maintained pursuant to section 4(d) of the Statutory +Pay-As-You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of this +division and each succeeding division shall not be entered on any PAYGO +scorecard maintained for purposes of section 4106 of H. Con. Res. 71 +(115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(8) of the Balanced Budget and Emergency +Deficit Control Act of 1985, the budgetary effects of this division and +each succeeding division shall not be estimated-- + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. + + DIVISION J--FOREIGN POLICY + TITLE I--VENEZUELA ASSISTANCE + + SEC. 101. 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. 111. 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. 112. 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 143. + SEC. 113. 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. 121. 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. 122. 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. 123. 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 Banking, Housing, and Urban Affairs of the + Senate; + (4) the Committee on Foreign Affairs of the House of + Representatives; + (5) the Committee on Appropriations of the House of + Representatives; and + (6) the Committee on Financial Services 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 since the onset + of the humanitarian crisis, 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, including a description of + coordination efforts with United States embassies and USAID + missions throughout the region; + (B) describe the current and anticipated challenges to + distributing humanitarian assistance in Venezuela and countries + hosting Venezuelan migrants; + (C) describe the coordination of United States assistance + with foreign donors; and + (D) 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. 131. CLASSIFIED BRIEFING 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 provide a briefing 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 briefing required 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) 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. 132. 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 adult child of a foreign person described + in paragraph (1); or + (3) is the spouse or adult 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 163 of this title; + (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) Visas, admission, or parole.--An alien described in + subsection (a) 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 or paroled into the + United States or to receive any benefit under the Immigration + and Nationality Act (8 U.S.C. 1101 et seq.). + (2) Current visas revoked.-- + (A) In general.--An alien described in subsection (a) is + subject to revocation of any visa or other entry documentation + regardless of when the visa or other entry documentation is or + was issued. + (B) Immediate effect.--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) Exceptions.--Sanctions under paragraphs (1) and (2) shall + not apply with respect to an alien if admitting or paroling the + alien into the United States is necessary-- + (A) to permit the United States to comply with the + Agreement regarding the Headquarters of the United Nations, + signed at Lake Success June 26, 1947, and entered into force + November 21, 1947, between the United Nations and the United + States, or other applicable international obligations; or + (B) to carry out or assist law enforcement activity in the + United States. + (d) Rulemaking.--The President shall issue such regulations, +licenses, and orders as may be necessary to carry out this section. + SEC. 133. 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 163 of this title. + (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. 141. 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. 142. 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. 143. 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. 151. RECOVERING ASSETS STOLEN FROM THE VENEZUELAN PEOPLE. + (a) Recovering Assets.--The President, acting through the Secretary +of State and in consultation with the Secretary of the Treasury, shall +advance a coordinated international effort-- + (1) to work with foreign governments-- + (A) to share financial investigations intelligence, as + appropriate; + (B) to block the assets identified pursuant to paragraph + (2); and + (C) to provide technical assistance to help governments + establish the necessary legal framework to carry out asset + forfeitures; and + (2) 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. + (b) Strategy Requirement.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the President, acting through the Secretary + of State and in consultation with the Secretary of the Treasury, + shall submit a strategy for carrying out the activities described + in subsection (a) to Congress. + (2) Additional elements.--The strategy required under paragraph + (1) shall-- + (A) assess 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)(2) that + could be returned to a future democratic government in + Venezuela; and + (B) include such recommendations as the President and the + Secretary of State 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. 161. 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 Banking, Housing, and Urban Affairs of the + Senate; + (4) the Committee on Foreign Affairs of the House of + Representatives; + (5) the Committee on Appropriations of the House of + Representatives; and + (6) the Committee on Financial Services 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. 162. 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 Banking, Housing, and Urban Affairs of the + Senate; + (4) the Committee on Foreign Affairs of the House of + Representatives; + (5) the Permanent Select Committee on Intelligence of the House + of Representatives; and + (6) the Committee on Financial Services of the House of + Representatives. + SEC. 163. 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 Report.--Not later than 90 days after the date of +the enactment of this Act, the President shall submit a report +assessing the national security risks posed by potential Russian +acquisition and 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 Banking, Housing, and Urban Affairs of the + Senate; + (4) the Committee on Foreign Affairs of the House of + Representatives; + (5) the Committee on Homeland Security of the House of + Representatives; and + (6) the Committee on Financial Services of the House of + Representatives. + SEC. 164. 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. 165. 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 120 days after the date + of the enactment of this Act, the Secretary of State shall submit a + report to the appropriate congressional committees regarding-- + (A) an assessment of Russian-Venezuelan security + cooperation; + (B) the potential threat such cooperation poses to the + United States and countries in the Western Hemisphere; and + (C) a strategy to counter threats identified in + subparagraphs (A) and (B). + (c) Aliens Ineligible for Visas, Admission, or Parole.-- + (1) Aliens described.--An alien described in this paragraph is + 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 acting or has acted on behalf of the Government of + Russia in direct support of the security forces of the Maduro + regime. + (2) Visas, admission, or parole.--An alien described in + paragraph (1) 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 or paroled into the + United States or to receive any benefit under the Immigration + and Nationality Act (8 U.S.C. 1101 et seq.). + (3) Current visas revoked.-- + (A) In general.--An alien described in paragraph (1) is + subject to revocation of any visa or other entry documentation + regardless of when the visa or other entry documentation is or + was issued. + (B) Immediate effect.--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. + (4) Exceptions.--Sanctions under paragraphs (2) and (3) shall + not apply with respect to an alien if admitting or paroling the + alien into the United States is necessary-- + (A) to permit the United States to comply with the + Agreement regarding the Headquarters of the United Nations, + signed at Lake Success June 26, 1947, and entered into force + November 21, 1947, between the United Nations and the United + States, or other applicable international obligations; or + (B) to carry out or assist law enforcement activity in the + United States. + (5) National security.--The President may waive the application + of this subsection with respect to an alien if the President-- + (A) determines that such a waiver is in the national + interest of the United States; and + (B) submits a notice of, and justification for, such waiver + to the appropriate congressional committees. + (6) Sunset.--This subsection shall terminate on the date that + is 1 year after the date of the enactment of this Act. + SEC. 166. 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) Report.-- + (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 submit a report to + 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 report 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 and Ensuring the Effectiveness of United + States Sanctions + + SEC. 171. 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. 181. 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 121, 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 161, 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 113, 122, or 142, 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 131, 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 143, 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 132 or 133, the +Secretary of State shall provide such briefing to such committee. + (f) 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 151, 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. + (g) 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 163, 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. + SEC. 182. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS TITLE + 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. 183. 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, 2023''. + (b) Termination.--The requirement to impose sanctions under this +title shall terminate on December 31, 2023. + + TITLE II--EASTERN MEDITERRANEAN SECURITY AND ENERGY PARTNERSHIP + + SEC. 201. SHORT TITLE. + This title may be cited as the ``Eastern Mediterranean Security and +Energy Partnership Act of 2019''. + SEC. 202. FINDINGS. + Congress makes the following findings: + (1) The security of partners and allies in the Eastern + Mediterranean region is critical to the security of the United + States and Europe. + (2) Greece is a valuable member of the North Atlantic Treaty + Organization (NATO) and a key pillar of stability in the Eastern + Mediterranean. + (3) Israel is a steadfast ally of the United States and has + been designated a ``major non-NATO ally'' and ``major strategic + partner''. + (4) Cyprus is a key strategic partner and signed a Statement of + Intent with the United States on November 6, 2018, to enhance + bilateral security cooperation. + (5) The countries of Greece, Cyprus, and Israel have + participated in critical trilateral summits to improve cooperation + on energy and security issues. + (6) Secretary of State Mike Pompeo participated in the + trilateral summit among Israel, Greece, and Cyprus on March 20, + 2019. + (7) The United States, Israel, Greece, and Cyprus oppose any + action in the Eastern Mediterranean and the Aegean Sea that could + challenge stability, violate international law, or undermine good + neighborly relations, and in a joint declaration on March 21, 2019, + agreed to ``defend against external malign influences in the + Eastern Mediterranean and the broader Middle East''. + (8) The recent discovery of what may be the region's largest + natural gas field off the Egyptian coast and the newest discoveries + of natural gas off the coast of Cyprus could represent a + significant and positive development for the Eastern Mediterranean + and the Middle East, enhancing the region's strategic energy + significance. + (9) It is in the national security interest of the United + States to promote, achieve, and maintain energy security among, and + through cooperation with, allies. + (10) Natural gas developments in the Eastern Mediterranean have + the potential to provide economic gains and contribute to energy + security in the region and Europe, as well as support European + efforts to diversify away from natural gas supplied by the Russian + Federation. + (11) The soon to be completed Trans Adriatic Pipeline is a + critical component of the Southern Gas Corridor and the European + Union's efforts to diversify energy resources. + (12) The proposed Eastern Mediterranean pipeline, if + commercially viable, would provide for energy diversification in + accordance with the European Union's third energy package of + reforms. + (13) The United States acknowledges the achievements and + importance of the Binational Industrial Research and Development + Foundation (BIRD) and the United States-Israel Binational Science + Foundation (BSF) and supports continued multiyear funding to ensure + the continuity of the programs of the Foundations. + (14) The United States has welcomed Greece's allocation of 2 + percent of its gross domestic product (GDP) to defense in + accordance with commitments made at the 2014 NATO Summit in Wales. + (15) Energy exploration in the Eastern Mediterranean region + must be safeguarded against threats posed by terrorist and + extremist groups, including Hezbollah and any other actor in the + region. + (16) The energy exploration in the Republic of Cyprus's + Exclusive Economic Zone and territorial waters-- + (A) furthers United States interests by providing a + potential alternative to Russian gas for United States allies + and partners; and + (B) should not be impeded by other sovereign states. + (17) The United States Government cooperates closely with + Cyprus, Greece, and Israel through information sharing agreements. + (18) United States officials have assisted the Government of + the Republic of Cyprus with crafting that nation's national + security strategy. + (19) The United States Government provides training to Cypriot + officials in areas such as cybersecurity, counterterrorism, and + explosive ordnance disposal and stockpile management. + (20) Israel, Greece, and Cyprus are valued members of the + Proliferation Security Initiative to combat the trafficking of + weapons of mass destruction. + (21) The Republic of Cyprus continues to work closely with the + United Nations and regional partners in Europe to combat terrorism + and violent extremism. + (22) Despite robust economic and security relations with the + United States, the Republic of Cyprus has been subject to a United + States prohibition on the export of defense articles and services + since 1987. + (23) The 1987 arms prohibition was designed to restrict United + States arms sales and transfers to the Republic of Cyprus and the + occupied part of Cyprus to avoid hindering reunification efforts. + (24) At least 40,000 Turkish troops are stationed in the + occupied part of Cyprus with some weapons procured from the United + States through mainland Turkey. + (25) While the United States has, as a matter of policy, + avoided the provision of defense articles and services to the + Republic of Cyprus, the Government of Cyprus has, in the past, + sought to obtain defense articles from other countries, including + countries, such as Russia, that pose challenges to United States + interests around the world. + SEC. 203. STATEMENT OF POLICY. + It is the policy of the United States-- + (1) to continue to actively participate in the trilateral + dialogue on energy, maritime security, cybersecurity and protection + of critical infrastructure conducted among Israel, Greece, and + Cyprus; + (2) to support diplomatic efforts with partners and allies to + deepen energy security cooperation among Greece, Cyprus, and Israel + and to encourage the private sector to make investments in energy + infrastructure in the Eastern Mediterranean region; + (3) to strongly support the completion of the Trans Adriatic + and Eastern Mediterranean Pipelines and the establishment of + liquified natural gas (LNG) terminals across the Eastern + Mediterranean as a means of diversifying regional energy needs away + from the Russian Federation; + (4) to maintain a robust United States naval presence and + investments in the naval facility at Souda Bay, Greece and develop + deeper security cooperation with Greece to include the recent MQ-9 + deployments to the Larissa Air Force Base and United States Army + helicopter training in central Greece; + (5) to welcome Greece's commitment to move forward with the + Interconnector Greece-Bulgaria (IGB pipeline) and additional LNG + terminals that will help facilitate delivery of non-Russian gas to + the Balkans and central Europe; + (6) to support deepened security cooperation with the Republic + of Cyprus through the removal of the arms embargo on the country; + (7) to support robust International Military Education and + Training (IMET) programming with Greece and the Republic of Cyprus; + (8) to leverage relationships within the European Union to + encourage investments in Cypriot border and maritime security; + (9) to support efforts to counter Russian Federation + interference and influence in the Eastern Mediterranean through + increased security cooperation with Greece, Cyprus, and Israel, to + include intelligence sharing, cyber, and maritime domain awareness; + (10) to support the Republic of Cyprus' efforts to regulate its + banking industry to ensure that it is not used as a source of + international money laundering and encourage additional measures + toward that end; + (11) to strongly oppose any actions that would trigger + mandatory sanctions pursuant to section 231 of the Countering + America's Adversaries Through Sanctions Act (CAATSA) (Public Law + 115-44), to include the purchase of military equipment from the + Russian Federation; + (12) to continue robust official strategic engagement with + Israel, Greece, and Cyprus; + (13) to urge countries in the region to deny port services to + Russian Federation vessels deployed to support the government of + Bashar Al-Assad in Syria; + (14) to support joint military exercises among Israel, Greece, + and Cyprus; + (15) to fully implement relevant CAATSA provisions to prevent + interference by the Russian Federation in the region; + (16) to support efforts by countries in the region to + demobilize military equipment supplied by the Russian Federation in + favor of equipment provided by NATO and NATO-allied member + countries; and + (17) to strongly support the active and robust participation of + Israel, Cyprus, and Greece in the Combating Terrorism Fellowship + Program. + SEC. 204. UNITED STATES-EASTERN MEDITERRANEAN ENERGY COOPERATION. + (a) In General.--The Secretary of State, in coordination with the +Secretary of Energy, may enter into cooperative agreements supporting +and enhancing dialogue and planning involving international +partnerships between the United States and Israel, Greece, and the +Republic of Cyprus. + (b) Annual Reports.--If the Secretary of State, in coordination +with the Secretary of Energy, enters into agreements authorized under +subsection (a), the Secretary shall submit an annual report to the +appropriate congressional committees that describes-- + (1) actions taken to implement such agreements; and + (2) any projects undertaken pursuant to such agreements. + (c) United States-Eastern Mediterranean Energy Center.--The +Secretary of Energy, in coordination with the Secretary of State, may +establish a joint United States-Eastern Mediterranean Energy Center in +the United States leveraging the experience, knowledge, and expertise +of institutions of higher education and entities in the private sector, +among others, in offshore energy development to further dialogue and +collaboration to develop more robust academic cooperation in energy +innovation technology and engineering, water science, technology +transfer, and analysis of emerging geopolitical implications, which +include opportunities as well as crises and threats from foreign +natural resource and energy acquisitions. + SEC. 205. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON THE + UNITED STATES MUNITIONS LIST TO THE REPUBLIC OF CYPRUS. + (a) Sense of Congress.--It is the sense of Congress 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 to continue to + support United Nations-facilitated efforts toward a comprehensive + solution to the division of Cyprus. + (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. + SEC. 206. IMET COOPERATION WITH GREECE AND THE REPUBLIC OF CYPRUS. + There is authorized to be appropriated $1,300,000 for fiscal year +2020, $1,500,000 for fiscal year 2021, and $1,800,000 for fiscal year +2022 for International Military Education and Training (IMET) +assistance for Greece and $200,000 for fiscal year 2020, $500,000 for +fiscal year 2021, and $750,000 for fiscal year 2022 for such assistance +for the Republic of Cyprus. The assistance shall be made available for +the following purposes: + (1) Training of future leaders. + (2) Fostering a better understanding of the United States. + (3) Establishing a rapport between the United States military + and the country's military to build alliances for the future. + (4) Enhancement of interoperability and capabilities for joint + operations. + (5) Focusing on professional military education. + (6) Enabling countries to use their national funds to receive a + reduced cost for other Department of Defense education and + training. + SEC. 207. FOREIGN MILITARY FINANCING. + (a) Authorization of Appropriations.--There is authorized to be +appropriated for fiscal year 2021 up to $3,000,000 for Foreign Military +Financing (FMF) assistance for Greece to assist the country in meeting +its commitment as a member of the North Atlantic Treaty Organization +(NATO) to dedicate 20 percent of its defense budget to enhance research +and development. + (b) Sense of Congress.--It is the sense of Congress that Greece +should receive robust support under the European Recapitalization +Incentive Program implemented by the Department of Defense. + SEC. 208. STRATEGY ON UNITED STATES SECURITY AND ENERGY COOPERATION + IN THE EASTERN MEDITERRANEAN. + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of State, in consultation with the +Secretary of Defense and the Secretary of Energy, shall submit to the +appropriate congressional committees a strategy on enhanced security +and energy cooperation with countries in the Eastern Mediterranean +region, including Israel, the Republic of Cyprus, and Greece. + (b) Elements.--The report required under subsection (a) shall +include the following elements: + (1) A description of United States participation in and support + for the Eastern Mediterranean Natural Gas Forum. + (2) An evaluation of all possible delivery mechanisms into + Europe for natural gas discoveries in the Eastern Mediterranean + region. + (3) An evaluation of efforts to protect energy exploration + infrastructure in the region, including infrastructure owned or + operated by United States companies. + (4) An assessment of the capacity of the Republic of Cyprus to + host an Energy Crisis Center in the region which could provide + basing facilities in support of search and rescue efforts in the + event of an accident. + (5) An assessment of the timing of potential natural gas + delivery in the region as well as an assessment of the ultimate + destination countries for the natural gas delivery from the region. + (6) A plan to work with United States businesses seeking to + invest in Eastern Mediterranean energy exploration, development, + and cooperation. + (c) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. + SEC. 209. REPORT ON RUSSIAN FEDERATION MALIGN INFLUENCE IN THE + EASTERN MEDITERRANEAN. + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of State shall submit to the +appropriate congressional committees a report on Russian Federation +malign influence in the Republic of Cyprus, Greece, and Israel since +January 1, 2017. + (b) Elements.--The report required under subsection (a) shall +include the following elements: + (1) An assessment of security, political, and energy goals of + the Russian Federation in the Eastern Mediterranean. + (2) A description of energy projects of the Government of the + Russian Federation in the Eastern Mediterranean. + (3) A listing of Russian national ownership of media outlets in + these countries, including the name of the media outlet, + approximate viewership, and assessment of whether the outlet + promotes pro-Kremlin views. + (4) An assessment of military engagement by the Government of + the Russian Federation in the security sector, including engagement + by military equipment and personnel contractors. + (5) An assessment of efforts supported by the Government of the + Russian Federation to influence elections in the three countries, + through the use of cyber attacks, social media campaigns, or other + malign influence techniques. + (6) An assessment of efforts by the Government of the Russian + Federation to intimidate and influence the decision by His All + Holiness Ecumenical Patriarch Bartholomew, leader of 300,000,000 + Orthodox Christians worldwide, to grant autocephaly to the + Ukrainian Orthodox Church. + (c) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. + SEC. 210. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE + EXCLUSIVE ECONOMIC ZONE OF THE REPUBLIC OF CYPRUS. + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of State, in consultation with the +Secretary of Defense and the Secretary of Energy, shall submit to the +appropriate congressional committees a report listing incidents since +January 1, 2017, determined by the Secretary of State to interfere in +efforts by the Republic of Cyprus to explore and exploit natural +resources in its Exclusive Economic Zone. + (b) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. + SEC. 211. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE AIRSPACE + OF GREECE. + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of State, in consultation with the +Secretary of Defense, shall submit to the appropriate congressional +committees a report listing incidents since January 1, 2017, determined +by the Secretary of State to be violations of the airspace of the +sovereign territory of Greece by its neighbors. + (b) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. + SEC. 212. APPROPRIATE CONGRESSIONAL COMMITTEES. + In this title, the term ``appropriate congressional committees'' +means the Committee on Foreign Relations of the Senate and the +Committee on Foreign Affairs of the House of Representatives. + + TITLE III--END NEGLECTED TROPICAL DISEASES ACT + + SEC. 301. SHORT TITLE. + This title may be cited as the ``End Neglected Tropical Diseases +Act''. + SEC. 302. STATEMENT OF POLICY. + It is the policy of the United States to support a broad range of +implementation and research and development activities that work toward +the achievement of cost-effective and sustainable treatment, control, +and, where possible, elimination of neglected tropical diseases for the +economic and social well-being of all people. + SEC. 303. DEFINITION. + In this title, the terms ``neglected tropical diseases'' and +``NTDs''-- + (1) mean infections caused by pathogens, including viruses, + bacteria, protozoa, and helminths that disproportionately impact + individuals living in extreme poverty, especially in developing + countries; and + (2) include-- + (A) Buruli ulcer (Mycobacterium Ulcerans infection); + (B) Chagas disease; + (C) dengue or severe dengue fever; + (D) dracunculiasis (Guinea worm disease); + (E) echinococcosis; + (F) foodborne trematodiases; + (G) human African trypanosomiasis (sleeping sickness); + (H) leishmaniasis; + (I) leprosy; + (J) lymphatic filariasis (elephantiasis); + (K) onchocerciasis (river blindness); + (L) scabies; + (M) schistosomiasis; + (N) soil-transmitted helminthiases (STH) (roundworm, + whipworm, and hookworm); + (O) taeniasis/cysticercosis; + (P) trachoma; and + (Q) yaws (endemic treponematoses). + SEC. 304. EXPANSION OF UNITED STATES AGENCY FOR INTERNATIONAL + DEVELOPMENT NEGLECTED TROPICAL DISEASES PROGRAM. + (a) Sense of Congress.--It is the sense of Congress that the +Neglected Tropical Diseases Program, as in effect on the date of the +enactment of this Act, should-- + (1) provide integrated drug treatment packages to as many + individuals suffering from NTDs or at risk of acquiring NTDs, + including individuals displaced by manmade and natural disasters, + as logistically feasible; + (2) better integrate NTD control and treatment tools and + approaches into complementary development and global health + programs by coordinating, to the extent practicable and + appropriate, across multiple sectors, including those relating to + HIV/AIDS, malaria, tuberculosis, education, nutrition, other + infectious diseases, maternal and child health, and water, + sanitation, and hygiene; + (3) establish low-cost, high-impact community- and school-based + NTD programs to reach large at-risk populations, including school- + age children, with integrated drug treatment packages, as feasible; + (4) as opportunities emerge and resources allow, engage in + research and development of new tools and approaches to reach the + goals relating to the elimination of NTDs as set forth by the 2012 + World Health Organization publication ``Accelerating Work to + Overcome the Global Impact of Neglected Tropical Diseases: A + Roadmap for Implementation'', including for Chagas disease, Guinea + worm, human African trypanosomiasis (sleeping sickness), leprosy, + and visceral leishmaniasis; and + (5) monitor research on and developments in the prevention and + treatment of other NTDs so breakthroughs can be incorporated into + the Neglected Tropical Diseases Program, as practicable and + appropriate. + (b) Program Priorities.--The Administrator of the United States +Agency for International Development (referred to in this section as +the ``Administrator'') should incorporate the following priorities into +the Neglected Tropical Diseases Program (as in effect on the date of +the enactment of this Act): + (1) Planning for and conducting robust monitoring and + evaluation of program investments in order to accurately measure + impact, identify and share lessons learned, and inform future NTD + control and elimination strategies. + (2) Coordinating program activities with complementary + development and global health programs of the United States Agency + for International Development, including programs relating to + water, sanitation, and hygiene, food and nutrition security, and + education (both primary and secondary), in order to advance the + goals of the London Declaration on Neglected Tropical Diseases + (2012). + (3) Including morbidity management in treatment plans for high- + burden NTDs. + (4) Incorporating NTDs included in the Global Burden of Disease + Study 2010 into the program as opportunities emerge, to the extent + practicable and appropriate. + (5) Continuing investments in the research and development of + new tools and approaches that complement existing research + investments and ensure that new discoveries make it through the + pipeline and become available to individuals who need them most. + SEC. 305. ACTIONS BY DEPARTMENT OF STATE. + (a) Office of the Global AIDS Coordinator.--It is the sense of +Congress that the Coordinator of United States Government Activities to +Combat HIV/AIDS Globally should fully consider evolving research on the +impact of NTDs on efforts to control HIV/AIDS when making future +programming decisions, as necessary and appropriate. + (b) Global Programming.-- + (1) In general.--The Secretary of State should encourage the + Global Fund to take into consideration evolving research on the + impact of NTDs on efforts to control HIV/AIDS when making + programming decisions, particularly with regard to female genital + schistosomiasis, which studies suggest may be one of the most + significant cofactors in the AIDS epidemic in Africa, as necessary + and appropriate. + (2) Global fund.--In this subsection, the term ``Global Fund'' + means the public-private partnership known as the Global Fund to + Fight AIDS, Tuberculosis and Malaria established pursuant to + Article 80 of the Swiss Civil Code. + (c) G-20 Countries.--The Secretary of State, acting through the +Office of Global Health Diplomacy, should encourage G-20 countries to +significantly increase their role in the control and elimination of +NTDs. + SEC. 306. MULTILATERAL DEVELOPMENT AND HEALTH INSTITUTIONS. + (a) Finding.--Congress finds that the treatment of NTDs, including +community- and school-based deworming programs, can be a highly cost- +effective intervention, and schools can serve as an effective delivery +mechanism for reaching large numbers of children with safe treatment +for soil-transmitted helminthiases (roundworm, whipworm, and hookworm) +in particular. + (b) United Nations.--The President should direct the United States +Permanent Representative to the United Nations to use the voice, vote, +and influence of the United States to urge the World Health +Organization and the United Nations Development Programme to-- + (1) ensure the dissemination of best practices and programming + on NTDs to governments and make data accessible to practitioners in + an open and timely fashion; + (2) highlight impacts of community- and school-based deworming + programs on children's health and education, emphasizing the cost- + effectiveness of such programs; + (3) encourage governments to implement deworming campaigns at + the national level; + (4) consider the designation of a portion of grant funds of the + institutions to deworming initiatives and cross-sectoral + collaboration with water, sanitation, and hygiene efforts and + nutrition or education programming, as practicable and appropriate; + (5) encourage accurate monitoring and evaluation of NTD + programs, including deworming programs; and + (6) engage governments in cross-border initiatives for the + treatment, control, prevention, and elimination of NTDs, and assist + in developing transnational agreements, when and where necessary. + SEC. 307. RULE OF CONSTRUCTION. + Nothing in this title may be construed to increase authorizations +of appropriations for the United States Agency for International +Development. + + TITLE IV--PREVENTING CHILD MARRIAGE IN DISPLACED POPULATIONS + + SEC. 401. SHORT TITLE. + This title may be cited as the ``Preventing Child Marriage in +Displaced Populations Act''. + SEC. 402. FINDINGS. + Congress finds the following: + (1) According to United Nations Children's Fund (UNICEF), + 12,000,000 girls marry before the age of 18 every year. + (2) Early marriage denies children, especially girls, their + right to make vital decisions about their well-being, including + relating to their health, family, and career. Child brides are less + likely to finish their education, and are at higher risk for abuse, + contracting HIV, and dying while pregnant or giving birth. + (3) Child marriage also imposes substantial economic costs to + developing countries, impeding development and prosperity gains. + (4) Displaced populations are particularly vulnerable to child + marriage, in communities where poverty, instability, and + displacement put pressure on families to marry children, + particularly young girls, off at a young age. + (5) One United Nations (UN) study found that child marriage + rates were 4 times higher among displaced Syrian refugees than + among Syrians before the crisis. This indicates that displacement, + instability, and poverty are driving child marriages. + (6) United Nations agencies, including UNICEF and the United + Nations High Commissioner for Refugees (UNHCR), have acknowledged + the dangers of child marriage and taken steps to address its risk + in the populations they serve. + (7) The UN Joint Program on Child Marriage supports this work + by building the resilience of populations to indirectly prevent + child marriage and by generating new data and evidence on the + prevalence of child marriage in humanitarian and fragile settings. + For example, in Uganda, the UN Joint Program on Child Marriage + helped 27,000 adolescent girls strengthen critical skills through + school clubs and Go Back to School campaigns, as well as life + skills and financial literacy training. + (8) After the UN Joint Program on Child Marriage identified + Yemen as one of its focus countries, 65,000 people, of whom 45,000 + are adolescents, were reached with awareness-raising activities on + the harms of child marriage in 2018 alone. As a result, local + council representatives, elders, and community leaders from 6 + districts signed a pledge to support advocacy efforts to end child + marriage. + SEC. 403. PREVENTING CHILD MARRIAGE IN DISPLACED POPULATIONS. + (a) In General.--The President shall direct the United States +Permanent Representative to the United Nations to use the voice, vote, +and influence of the United States at the United Nations to call for an +adoption of an agreed upon definition of ``child marriage'' across +United Nations agencies. + (b) Strategy.--The President shall direct the United States +Permanent Representative to the United Nations to use the voice, vote, +and influence of the United States at the United Nations to call for +the development of a comprehensive strategy to address child marriage +in refugee settlements administered by the United Nations. The strategy +should include the following elements: + (1) A mandate to regularly collect and report data related to + the number of known or suspected child marriages taking place + inside each such settlement. + (2) Protocols for United Nations personnel regarding prevention + and monitoring of child marriages inside each such settlement. + (3) A description of United Nations programs administered at + such settlements that include-- + (A) physical, mental, and emotional rehabilitation and + support to children who have extricated themselves from child + marriage; and + (B) alternatives to child marriage, such as education + initiatives. + (4) Protocols regarding how United Nations personnel should-- + (A) report adults participating in illegal child marriages + in each such settlement; and + (B) monitor the prosecution of such adults by the + authorities of the country in which the settlement at issue is + located. + (c) Research.--The President shall direct the United States +Permanent Representative to the United Nations to use the voice, vote, +and influence of the United States at the United Nations to advocate +for the United Nations and its appropriate agencies to include, as +appropriate, in all of its research regarding child marriage, the +relationship between child marriage and violence against girls, +including young children and infants. + (d) Definitions.--In this section: + (1) Child marriage.--The term ``child marriage'' means a formal + marriage or informal union involving at least one person younger + than age 18. + (2) Illegal child marriage.--The term ``illegal child + marriage'' means a child marriage that is illegal under the laws of + the country in which the child marriage occurs. + + TITLE V--GLOBAL FRAGILITY + + SEC. 501. SHORT TITLE. + This title may be cited as the ``Global Fragility Act of 2019''. + SEC. 502. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. + In this title: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Relations and the Committee on + Appropriations of the Senate; and + (B) the Committee on Foreign Affairs and the Committee on + Appropriations of the House of Representatives. + (2) Relevant federal department or agency.--The term ``relevant + Federal department or agency'' means the Department of State, the + United States Agency for International Development, the Department + of Defense, the Department of Treasury, and any other Federal + department or agency the President determines is relevant to carry + out the purposes of this title. + SEC. 503. STATEMENT OF POLICY. + It is the policy of the United States to seek to stabilize +conflict-affected areas and prevent violence and fragility globally, +including by-- + (1) ensuring that all relevant Federal departments and agencies + coordinate to achieve coherent, long-term goals for programs + designed to carry out such policy; + (2) seeking to improve global, regional, and local coordination + of relevant international and multilateral development and donor + organizations regarding efforts to carry out such policy; and + (3) enhancing the effectiveness of United States foreign + assistance programs and activities to carry out such policy, + including by improving assessment, monitoring, and evaluation + conducted by the relevant Federal departments and agencies. + SEC. 504. GLOBAL FRAGILITY STRATEGY. + (a) Strategy.--The President, in coordination with the Secretary of +State, the Administrator of the United States Agency for International +Development (``USAID''), the Secretary of Defense, and the heads of +other relevant Federal departments and agencies, shall establish a +comprehensive, integrated, ten-year strategy, to be referred to as the +``Global Fragility Strategy'', to contribute to the stabilization of +conflict-affected areas, address global fragility, and strengthen the +capacity of the United States to be an effective leader of +international efforts to prevent extremism and violent conflict. The +strategy shall focus on addressing long-term causes of fragility and +violence, and shall-- + (1) consider the causes of fragility and violence at both the + local and national levels, the external actors that reinforce and + exploit such conditions, and successful prevention strategies and + their key features; + (2) include specific objectives and multisectoral approaches to + reduce fragility and the causes of violence, including those that + strengthen state-society relations, curb extremist ideology, and + make society less vulnerable to the spread of extremism and + violence; + (3) encourage and empower local and national actors to address + the concerns of their citizens, including those in vulnerable + communities, and build community resilience against violence and + extremism; + (4) address the long-term underlying causes of fragility and + violence through participatory, locally led programs, empowering + marginalized groups such as youth and women, inclusive dialogues + and conflict resolutions processes, justice sector reform, good + governance, inclusive and accountable service delivery, and + community policing and civilian security, including by combatting + impunity for security forces implicated in violations of + internationally recognized human rights and other serious crimes; + (5) describe approaches that ensure national leadership where + appropriate and participatory engagement by civil society and local + partners in the design, implementation, and monitoring of programs; + (6) assign roles for relevant Federal departments and agencies + to avoid duplication of efforts, while ensuring that-- + (A) the Department of State is responsible for leading the + drafting and execution of the strategy, establishing United + States foreign policy, advancing diplomatic and political + efforts, and overseeing the planning and implementation of + security assistance and related civilian security efforts; + (B) USAID is responsible for overseeing prevention + programs, and is the lead implementing agency for development, + humanitarian, and related non-security program policy; + (C) activities undertaken or supported by the Department of + Defense in relation to the Global Fragility Strategy are + established through joint formulation and with the concurrence + of the Secretary of State; and + (D) other relevant Federal departments and agencies support + the activities of the Department of State and USAID as + appropriate, with the concurrence of the Secretary of State and + the Administrator of the United States Agency for International + Development; + (7) describe programs that relevant Federal departments and + agencies will undertake to achieve the stated objectives, including + descriptions of existing programs and funding by fiscal year and + account; + (8) identify mechanisms to improve coordination between the + United States, foreign governments, and international + organizations, including the World Bank, the United Nations, + regional organizations, and private sector organizations; + (9) address efforts to expand public-private partnerships and + leverage private sector resources; + (10) describe the criteria, metrics, and mechanisms for + monitoring and evaluation of programs and objectives in the + strategy to ensure planning, implementation, and coordination are + appropriately executed and updated; + (11) describe how the strategy will ensure that programs are + country-led and context-specific; and + (12) identify mechanisms or activities to reduce the risk that + the programs, policies, or resources of the United States and its + partners will facilitate corruption, empower or abet repressive + local actors, or be exploited by extremists to gain support for + their cause. + (b) Stakeholder Consultation.--The Global Fragility Strategy +required under this section shall be developed in consultation with +representatives of civil society and national and local governance +entities in countries and regions described in section 505, as well as +relevant international development organizations with experience +implementing programs in fragile states, multilateral organizations and +donors, relevant private, academic, and philanthropic entities, and the +appropriate congressional committees. + (c) Report.--Not later than 270 days after the date of the +enactment of this Act, the President shall submit to the appropriate +congressional committees a report setting forth the strategy described +in subsection (a), which shall be submitted in unclassified form, but +may include a classified annex if necessary, and shall include, at a +minimum, the following elements: + (1) The objectives, general and specific, of the strategy. + (2) An identification of the relevant Federal departments and + agencies that will be involved and the assignment of priorities to + such departments and agencies. + (3) A description of the compact-based partnerships that will + be established to ensure local leadership of strategies, policy, + and programs, as well as mutual accountability for results and + resources needed to support such partnerships. + (4) An identification of the authorities, staffing, and other + requirements, as necessary and appropriate, needed to effectively + implement the Global Fragility Strategy. + (5) A description of the ways in which United States leadership + will be used to enhance overall international prevention efforts, + including through increasing the engagement of the member states of + the Group of Seven and Group of Twenty. + (6) An identification of which officials of the Department of + State, USAID, and the Department of Defense, with a rank not lower + than Assistant Secretary or Assistant Administrator, will be + responsible for leading and overseeing the strategy. + (7) A list of priority countries and regions selected pursuant + to section 505, including descriptions of the rationale for such + selections. + SEC. 505. SELECTION OF PRIORITY COUNTRIES AND REGIONS. + (a) In General.--The President, in coordination with the Secretary +of State, the Administrator of the United States Agency for +International Development, and the Secretary of Defense, and in +consultation with the appropriate congressional committees specified in +subsection (b), shall select certain countries as ``priority +countries'' and certain regions as ``priority regions'' for the purpose +of implementing the Global Fragility Strategy required under section +504-- + (1) on the basis of-- + (A) the national security interests of the United States; + (B) clearly defined indicators of the levels of violence or + fragility in such country or region, such as the country's or + region's-- + (i) ranking on recognized global fragility lists, such + as the Organization for Economic Co-operation and + Development States of Fragility report, the Fund for Peace + Fragile States Index, the World Bank Harmonized List of + Fragile Situations, the Institute for Economics and Peace + Global Peace Index, and the Holocaust Museum Early Warning + Project Risk Assessment; + (ii) ranking on select United States Government + conflict and atrocity early warning watch lists; + (iii) levels of violence, including violence committed + by armed groups, state actors, and violent extremist + organizations, gender-based violence, and violence against + children and youth; and + (iv) vulnerability to rising sea levels, flooding, + drought, wildfires, desertification, deforestation, food + insecurity, and human displacement; and + (C) an assessment of-- + (i) the commitment and capacity of national and sub- + national government entities and civil society partners in + such country or region to work with relevant Federal + departments and agencies on the Global Fragility Strategy, + including by demonstrating commitment to-- + + (I) improving inclusive, transparent, and + accountable power structures, including effective, + legitimate, and resilient national and sub-national + institutions; and + (II) ensuring strong foundations for human rights, + rule of law, and equal access to justice; and + + (ii) the likelihood that United States assistance under + the Global Fragility Strategy would measurably help to + reduce fragility, prevent the spread of extremism and + violence, and stabilize conflict-affected areas in each + such country or region; and + (2) in a manner that ensures that not fewer than five countries + or regions are selected, including not fewer than two in which the + priority will be preventing violent conflict and fragility, rather + than stabilizing ongoing conflicts. + (b) Consultation With Congress.--Prior to finalization of the +selection of priority countries and regions under subsection (a), +representatives from the Department of State, USAID, the Department of +Defense, and other relevant Federal departments and agencies, as +necessary and appropriate, shall brief the appropriate congressional +committees on the countries and regions being considered and shall +consider congressional input on such prioritization. + SEC. 506. PRIORITY COUNTRY AND REGIONAL PLANS. + Not later than one year after the date of the enactment of this +Act, the President, in coordination with the Secretary of State, the +Administrator of the United States Agency for International +Development, the Secretary of Defense, and the heads of other relevant +Federal departments and agencies, shall submit to the appropriate +congressional committees ten-year plans to align and integrate under +the Global Fragility Strategy established pursuant to section 504 all +relevant diplomatic, development, and security assistance and +activities of the United States Government with respect to each of the +countries and regions selected pursuant to section 505. Each such +country and regional plan shall include the following elements: + (1) Specific multi-year interagency plans for coordination and + implementation under each such plan. + (2) An up-to-date baseline analysis for each such country or + region, including an analysis of the conditions that contribute to + violence and fragility. + (3) Prioritized descriptions of the goals and objectives for + stabilizing conflict-affected areas, reducing fragility, and + preventing the spread of extremism and violence in each such + country. + (4) Descriptions of how and when the relevant goals, + objectives, plans, and benchmarks for each such country or region + will be incorporated into relevant United States country or + regional plans and strategies, including the National Security + Strategy of the United States, the Stabilization Assistance Review, + Department of State Integrated Country Strategies, USAID Country + Development Cooperation Strategies, and Department of Defense + Campaign Plans, Operational Plans, and Regional Strategies, as well + as any equivalent or successor plans or strategies. + (5) Interagency plans to ensure that appropriate local actors, + including government and civil society entities, have an + appropriate ownership stake in developing, implementing, + monitoring, and evaluating relevant activities under each such + plan. + (6) Interagency plans to integrate existing and planned + security assistance and cooperation programs in each such country + or region with the strategy, and to mitigate risks associated with + such programs, including risks related to corruption, governance, + and human rights. + (7) Assessment, monitoring, and evaluation frameworks for + diplomatic, development, and security assistance and activities, + which shall be informed by consultations with the stakeholders + specified in section 504(b), with clear metrics for each such + country or region, as well as interagency plans for using such + frameworks to adapt such activities on a regular basis. + (8) Descriptions of available policy tools and how such tools + will be used to reduce fragility, prevent the spread of extremism + and violence, and stabilize conflict-affected areas in each such + country or region. + (9) A description of how planning and implementation of + assistance under the Global Fragility Strategy for each such + country or region will be coordinated in a manner that strengthens + partnerships and leverages the unique expertise and resources of + the United States Government and-- + (A) governments of such countries; + (B) international development organizations; + (C) relevant international donors; + (D) multilateral organizations; and + (E) the private sector. + (10) A regional component outlining plans to address relevant + transnational issues and how each such country is affected by or at + risk of regional fragility or violence. + (11) When a region is selected, a component outlining plans to + address factors at the individual country level that affect + regional fragility or violence. + SEC. 507. IMPLEMENTATION. + The President, in coordination with the Secretary of State, the +Administrator of the United States Agency for International +Development, the Secretary of Defense, the heads of other relevant +Federal departments and agencies, relevant United States ambassadors, +USAID mission directors, geographic combatant commanders, and other +relevant individuals with responsibility over activities in each +priority country or region selected pursuant to section 505, shall +ensure that-- + (1) the Global Fragility Strategy required under section 504, + including each of the country plans developed under section 506, is + implemented, updated, and coordinated on a regular basis; and + (2) the strategy is used to guide United States Government + policy at a senior level and incorporated into relevant strategies + and plans across the United States Government such that the + activities of all relevant Federal departments and agencies are + consistent with the strategy. + SEC. 508. BIENNIAL REPORTS AND CONGRESSIONAL CONSULTATION. + (a) Biennial Reports.--Not later than two years after the +submission of the plans required in section 506, and every two years +thereafter until the date that is ten years after the date of +submission of such plans, the President, the Secretary of State, the +Administrator of the United States Agency for International +Development, the Secretary of Defense, and the heads of other relevant +Federal departments and agencies shall jointly submit to the +appropriate congressional committees an unclassified report, which may +include a classified annex, on progress made and lessons learned with +respect to implementation of the Global Fragility Strategy established +pursuant to section 504. The report shall include the following +elements: + (1) Descriptions of steps taken to incorporate the strategy + into any relevant, existing country and regional plans or + strategies. + (2) Accountings of all funding received and obligated to + implement each such country and regional plan during the previous + two years, and, to the extent feasible, projections of funding to + be requested, planned, and implemented for the following two years. + (3) Descriptions of progress made towards achieving specific + targets, metrics, and indicators for each priority country and + region. + (4) Descriptions of any changes made to programs based on the + results of assessment, monitoring, and evaluation for each priority + country and region. + (b) Congressional Consultation.--The Secretary of State, the +Administrator of the United States Agency for International +Development, and the Secretary of Defense shall provide to any +appropriate congressional committee briefings on the implementation of +this title upon the request of any such committee. + SEC. 509. AUTHORIZATION OF APPROPRIATIONS. + (a) Prevention and Stabilization Fund.-- + (1) Establishment.--There is established in the Treasury of the + United States a fund, which shall be known as the ``Prevention and + Stabilization Fund'' (in this subsection referred to as ``The + Fund''), to be administered by the Department of State and USAID, + as appropriate, to support stabilization of conflict-affected areas + and to mitigate fragility, including through the Global Fragility + Strategy established pursuant to section 504, which shall replace + the Relief and Recovery Fund. + (2) Authorization of appropriations.--There is authorized to be + appropriated to the Fund $200,000,000 for each of the fiscal years + 2020 through 2024. + (3) Purposes of the fund.-- + (A) In general.--Amounts authorized to be appropriated to + the Fund shall be used-- + (i) to support stabilization of conflict-affected areas + and prevent global fragility, including through the Global + Fragility Strategy established pursuant to section 504; and + (ii) to provide assistance to areas liberated or at + risk from, or under the control of, the Islamic State of + Iraq and Syria, other terrorist organizations, or violent + extremist organizations, including for stabilization + assistance for vulnerable ethnic and religious minority + communities affected by conflict. + (B) Amounts in addition.--Amounts authorized to be + appropriated to the Fund under this section are in addition to + any funds otherwise made available for the purposes described + in paragraph (1). + (4) Congressional notification.--Funds may not be obligated + under this section unless the congressional committees specified in + section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394- + 1) are notified of the amount and nature of such proposed + obligation at least 15 days in advance of such proposed obligation, + in accordance with the procedures applicable to notifications + regarding reprogrammings pursuant to such section. + (b) Complex Crisis Fund.-- + (1) Establishment.--There is established in the Treasury of the + United States a fund, which shall be known as the ``Complex Crises + Fund'' (in this subsection referred to as the ``Fund''), to be + administered by USAID, to support programs and activities to + prevent or respond to emerging or unforeseen events overseas, + including to support the Global Fragility Strategy established + pursuant to section 504. + (2) Authorization of appropriations.--There is authorized to be + appropriated to the Fund $30,000,000 for each of the fiscal years + 2020 through 2024, which shall remain available until expended. + (3) Purposes of the fund.-- + (A) In general.--Notwithstanding any other provision of + law, except section 620M of the Foreign Assistance Act of 1961 + (22 U.S.C. 2378d), amounts in the Fund may be used to carry out + the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. + 2151 et seq.) to support programs and activities to prevent or + respond to emerging or unforeseen foreign challenges and + complex crises overseas, including through the Global Fragility + Strategy established pursuant to section 504. + (B) Amounts in addition.--Amounts authorized to be + appropriated to the Fund are in addition to any amounts + otherwise made available for the purposes described in + subparagraph (A). + (4) Limitations.-- + (A) In general.--Amounts in the Fund may not be expended + for lethal assistance or to respond to natural disasters. + (B) Administrative expenses.--Not more than five percent of + the amounts in the Fund may be used for administrative + expenses. + (5) Congressional notification.--The United States Agency for + International Development shall notify the appropriate + congressional committees not less than five days prior to the + obligation of amounts in the Fund. + (6) Waiver.--The notification requirement under paragraph (5) + may be waived if-- + (A) notification by the deadline specified in such + paragraph would pose a substantial risk to human health or + welfare; and + (B) the appropriate congressional committees-- + (i) are notified as early as practicable but in no + event later than three days after an obligation of amounts + from the Fund; and + (ii) are provided with an explanation of the emergency + circumstances that necessitated such waiver. + SEC. 510. IMPROVING AND LEVERAGING ASSISTANCE FOR THE GLOBAL + FRAGILITY STRATEGY. + (a) Sense of Congress.--It is the sense of Congress that the +President, the Secretary of State, the Administrator of the United +States Agency for International Development, the Secretary of Defense, +and the heads of other relevant Federal departments and agencies +should-- + (1) develop more adaptive and responsive policy and program + planning, implementation, and scaling under the Global Fragility + Strategy established pursuant to section 504, and work with the + appropriate congressional committees to identify any legislative + changes that may be necessary to support such efforts; + (2) better integrate the strategy and other conflict and + violence reduction objectives and activities into other policy and + program areas, where appropriate; and + (3) support transparent and accountable multilateral funds, + initiatives, and strategies to enhance and better coordinate + private and public efforts to stabilize conflict-affected areas and + prevent violence and fragility globally. + (b) Other Funding and Cost Matching.--The Global Fragility Strategy +established pursuant to section 504-- + (1) may, after consultation with the appropriate congressional + committees, be supported with funds other than funds authorized to + be appropriated pursuant to section 509; and + (2) shall seek to leverage funds from sources other than the + United States Government in order to promote coordination and cost- + matching to the maximum extent practicable. + (c) Multi-donor Global Fragility Fund.-- + (1) Authority.--Pursuant to sections 607 and 632 of the Foreign + Assistance Act of 1961 (22 U.S.C. 2357 and 2392), and consistent + with subsection (b), and after consultation with the appropriate + congressional committees, the Secretary of State is authorized to + establish funding mechanisms, to include the establishment of a + Global Fragility Fund, to leverage, receive, coordinate, and + program funds provided by other donors and private sector partners + to carry out the purposes of this title. + (2) Purposes.--A funding mechanism established pursuant to + paragraph (1) should-- + (A) include input from and participation by key bilateral + and multilateral donors, representatives of civil society, + relevant nongovernmental organizations and private sector + entities, and developing countries where fragility threatens to + exacerbate violent extremism and undermine development; + (B) enhance donor coordination and cooperation; + (C) advance clearly defined goals, objectives, and metrics + for monitoring, evaluating, and measuring progress; and + (D) focus on strengthening national and local good + governance and conflict resolution capacity in fragile and + conflict-affected areas over the long-term through + comprehensive, compact-based agreements that support country- + led strategies. + (3) Congressional notification.--Funds may not be obligated + under this section except in consultation with the appropriate + congressional committees and subject to the notification of such + committees of the amount and proposed uses of such funds at least + 15 days in advance of such proposed obligation. + SEC. 511. RULE OF CONSTRUCTION. + Nothing in this title shall be construed as a declaration of war or +an authorization for the use of military force. + + TITLE VI--COMBATING WILDLIFE TRAFFICKING + + SEC. 601. SHORT TITLE. + This title may be cited as the ``Rescuing Animals With Rewards Act +of 2019'' or the ``RAWR Act''. + SEC. 602. FINDINGS; SENSE OF CONGRESS. + (a) Findings.--Congress finds the following: + (1) Wildlife trafficking is a major transnational crime that is + estimated to generate over $10 billion a year in illegal profits + and which is increasingly perpetrated by organized, sophisticated + criminal enterprises, including known terrorist organizations. + (2) Wildlife trafficking not only threatens endangered species + worldwide, but also jeopardizes local security, spreads disease, + undermines rule of law, fuels corruption, and damages economic + development. + (3) Combating wildlife trafficking requires a coordinated and + sustained approach at the global, regional, national, and local + levels. + (4) Congress stated in the Eliminate, Neutralize, and Disrupt + Wildlife Trafficking Act of 2016 that it is the policy of the + United States to take immediate actions to stop the illegal global + trade in wildlife and wildlife products and associated + transnational organized crime. + (b) Sense of Congress.--It is the sense of Congress that the +Department of State's rewards program is a powerful tool in combating +sophisticated international crime and that the Department of State and +Federal law enforcement should work in concert to offer rewards that +target wildlife traffickers. + SEC. 603. WILDLIFE TRAFFICKING PREVENTION AWARDS PROGRAM. + Subparagraph (B) of section 36(k)(5) of the State Department Basic +Authorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended by inserting +``wildlife trafficking (as defined by section 2(12) of the Eliminate, +Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. +7601(12); Public Law 114-231)) and'' after ``includes''. + + TITLE VII--CHAMPIONING AMERICAN BUSINESS THROUGH DIPLOMACY + + SEC. 701. SHORT TITLE. + This title may be cited as the ``Championing American Business +Through Diplomacy Act of 2019''. + SEC. 702. FINDINGS. + Congress makes the following findings: + (1) According to the 2017 National Security Strategy of the + United States of America, ``Retaining our position as the world's + preeminent economic actor strengthens our ability to use the tools + of economic diplomacy for the good of Americans and others.''. + (2) A November 7, 2018, cable from Secretary of State Michael + R. Pompeo to all diplomatic and consular posts--``Boosting + Commercial Diplomacy Around the World''--stated that ``helping + American companies is a foreign policy priority. . .Promoting + broad-based, responsible, and sustainable economic growth helps to + stabilize regions and creates new and growing markets for U.S. + companies. A transparent and level playing field for U.S. + investment in these countries counters real and growing challenges + such as China's Belt and Road initiative.''. + (3) In the January-February 2019 issue of The Foreign Service + Journal, Ambassador Barbara Stephenson, the President of the + American Foreign Service Association, wrote, ``Foreign Service + support for American business. . .is a major reason why the U.S. + Foreign Service was created.''. + SEC. 703. ECONOMIC DIPLOMACY WITHIN THE DEPARTMENT OF STATE. + Subsection (c) of section 1 of the State Department Basic +Authorities Act of 1956 (22 U.S.C. 2651a) is amended-- + (1) by redesignating paragraph (3) as paragraph (4); and + (2) by inserting after paragraph (2) the following new + paragraph: + ``(3) Assistant secretary for economic and business matters.-- + ``(A) In general.--Subject to the numerical limitation + specified in paragraph (1), there is authorized to be + established in the Department of State an Assistant Secretary + of State who shall be responsible to the Secretary of State for + matters pertaining to international economics and business + matters in the conduct of foreign policy. + ``(B) Matters contemplated.--The matters referred to in + subparagraph (A) include the following: + ``(i) International trade and investment policy. + ``(ii) International finance, economic development, and + debt policy. + ``(iii) Economic sanctions and combating terrorist + financing. + ``(iv) International transportation policy. + ``(v) Support for United States businesses. + ``(vi) Economic policy analysis and private sector + outreach. + ``(vii) International data privacy and innovation + policies. + ``(viii) Such other related duties as the Secretary may + from time to time designate.''. + SEC. 704. CHIEF OF MISSION RESPONSIBILITIES. + Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is +amended by adding at the end the following new subsection: + ``(d) Promotion of United States Economic Interests.--Each chief of +mission to a foreign country shall have as a principal duty the +promotion of United States economic and commercial interests in such +country.''. + SEC. 705. INCREASED TRAINING IN ECONOMIC AND COMMERCIAL DIPLOMACY. + Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is +amended by adding at the end the following new subsection: + ``(d) Economic and Commercial Diplomacy.--The Secretary of State, +with the assistance of other relevant officials and the private sector, +shall establish as part of the standard training provided for economic +and commercial officers of the Foreign Service, chiefs of mission, and +deputy chiefs of mission, training on matters related to economic and +commercial diplomacy, with particular attention to market access and +other elements of an enabling framework for United States businesses, +commercial advocacy, and United States foreign economic policy, in +addition to awareness about the support of the United States Government +available to United States businesses, including support provided by +the Department of Agriculture, the Department of Commerce, the Export- +Import Bank of the United States, the Millennium Challenge Corporation, +the Trade and Development Agency, the Department of the Treasury, the +United States Agency for International Development, and the United +States International Development Finance Corporation.''. + SEC. 706. REPORT FROM EACH MISSION ON MATTERS OF COMMERCIAL + RELATIONS. + (a) In General.--Not later than 1 year after the date of the +enactment of this Act and annually thereafter, the chief of mission at +each bilateral diplomatic mission of the United States and the Director +of the American Institute in Taiwan shall submit to the Secretary of +State mission plans that include the following: + (1) Data and other information regarding actions taken by each + such mission or Institute during the previous year to foster + commercial relations and safeguard United States economic and + business interests in the country or region in which each such + chief of mission and the Director serves. + (2) Each such mission's and Institute's anticipated economic + and commercial priorities for the coming year. + (b) Report to Congress.--The Secretary of State, after receiving +the information required under subsection (a), shall submit to the +Committee on Foreign Affairs of the House of Representatives and the +Committee on Foreign Relations of the Senate a report, disaggregated by +country or region, on activities and initiatives, including with +appropriate examples, to create an enabling environment and otherwise +promote United States economic and business interests in each such +country or region, as well as information about significant foreign +competition to United States businesses in the relevant country or +region, including state-directed investments by foreign governments and +United States strategic competitors in such country or region. + SEC. 707. CONSOLIDATED REPORT ON UNIFIED INVESTMENT CLIMATE + STATEMENT AND COUNTRY COMMERCIAL GUIDE. + (a) In General.--The Secretary of State and the Secretary of +Commerce shall jointly produce and make publicly available on a United +States Government internet website an annual country- and region- +specific report regarding commercial relations with foreign countries +and regions and safeguarding United States economic and business +interests abroad, including with regard to United States exports and +investments, including by small- and medium-size enterprises. + (b) Matters To Be Included.--Each report required under subsection +(a) shall include the following with respect to each country or region +covered by each such report: + (1) Information about doing business in each country or region. + (2) Background information about each country's or region's + political environment. + (3) Information about selling United States products and + services in each country or region. + (4) Leading sectors for United States exports and investment in + each country or region. + (5) Information about trade regulations, customs, and standards + in each country or region, such as-- + (A) information on import tariffs; and + (B) documentation about which United States businesses + should be aware when exporting, including any prohibited items + or temporary entry procedures. + (6) Investment climate statements describing each country's or + region's openness to foreign investments, such as information + relating to each country's or region's-- + (A) investment policies; + (B) market barriers; + (C) business risks; + (D) legal and regulatory system, including dispute + resolution; + (E) level of public and private sector corruption; + (F) level of political violence and instability; + (G) adherence to internationally recognized core labor + standards; and + (H) protection of property rights. + (7) Information about trade and project financing in each + country or region, such as each country's or region's-- + (A) banking and financial system, and how United States + businesses typically get paid; + (B) foreign exchange controls; and + (C) important sources of funding for project financing. + (8) Relevant business travel information and business customs + in each country or region. + (9) Information about services and personnel of the diplomatic + mission of the United States available to United States businesses + to support their activities in each country or region. + (10) Any significant trade or commercial agreement that exists + between the United States and each country or region. + (11) A point of contact at the diplomatic or consular mission + of the United States in each country or region for United States + businesses. + (c) Rule of Construction.--Nothing in this section may be construed +to require the duplication of existing reports. + SEC. 708. WHOLE-OF-GOVERNMENT COORDINATION AND CONSULTATION TO + SUPPORT UNITED STATES ECONOMIC AND BUSINESS INTERESTS. + (a) In General.--The Secretary of State, in consultation with the +Administrator of the United States Agency for International +Development, the Secretary of Commerce, the Secretary of the Treasury, +and the United States Trade Representative, shall have primary +responsibility for coordinating a whole-of-government effort to expand +United States efforts in supporting United States economic and business +interests abroad. The Secretary may delegate responsibilities under +this Act to a senior, Senate-confirmed Department of State official. + (b) Responsibilities.--The Secretary shall-- + (1) chair the interagency coordinating committee established + under subsection (c); + (2) develop and implement the joint strategic plan required + under subsection (c)(4) for all United States trade-related and + trade capacity building and related technical assistance programs, + in consultation with the coordinating committee established under + subsection (c); + (3) advise the Federal departments and agencies designated by + the President to participate in the interagency coordinating + committee under this section in identifying the most needed and + effective ways for United States diplomatic and consular posts and + the departments and agencies that staff such posts to support the + expansion of United States trade relations with host governments; + (4) consult with the private sector in the development of + government-wide trade expansion efforts, including establishing a + point of contact and lead office within the Department of State to + receive private-sector recommendations and comments concerning + trade capacity assistance, coordination, consultations, and + country-specific issues; + (5) consult with the Office of Management and Budget regarding + the administrative and human resources needs that may be required + to implement the provisions of this title; and + (6) brief Congress on trade capacity building programs and make + recommendations, as appropriate, to Congress for improvements in + trade capacity building efforts. + (c) Economic Diplomacy Action Group.-- + (1) Establishment.--The President shall establish an + interagency coordinating committee, to be known as the ``Economic + Diplomacy Action Group'', to coordinate and carry out the purposes + of this section. + (2) Leadership.--The Group shall be chaired by the Secretary of + State and the vice-chairs shall be the United States Trade + Representative and the Secretary of Commerce. The Secretaries and + the United States Trade Representative may delegate + responsibilities under this Act to appropriate, senior, Senate- + confirmed officials. + (3) Membership.--The President may appoint to the Group senior + officials from the United States Agency for International + Development, the Department of Agriculture, the Department of the + Treasury, the Export-Import Bank, the United States Development + Finance Corporation, and any such other relevant executive branch + department or agency as the President determines to be + substantially involved in trade capacity building and related + assistance efforts in developing countries. + (4) Development of joint strategic plan.--The Group shall + develop a joint strategic plan for all United States capacity + building and technical assistance programs. + (d) Diplomacy Trade Expansion Advisory Committee.-- + (1) Establishment of teac.--The Chair and Vice-Chairs of the + Economic Diplomacy Action Group shall establish a trade expansion + advisory committee with selected representatives of the United + States private sector and other organizations, including labor + organizations, with direct and relevant operational experience in + importing from and exporting into developing countries, as + appropriate, to provide comment and advice on priorities for trade + expansion initiatives. The Chair and Vice-Chairs of the Group may + also appoint representatives from select non-profit organizations + to the advisory committee if such representatives can demonstrate + both a presence in and relevant operational or programmatic + experience with trade capacity building efforts in developing + countries. + (2) Meetings.--The trade expansion advisory committee shall + convene at least twice annually or more often as necessary at the + call of the Chair and Vice-Chairs of the Group. + (3) Strategic planning advice.--The trade expansion advisory + committee shall advise the Chair and Vice-Chairs of the Group on + ways that embassies can better support the United States private + sector abroad, including assisting the Chair and Vice-Chairs-- + (A) in soliciting private-sector advice; + (B) with respect to implementation of strategic planning; + and + (C) in advancing the overall mission and goals of United + States national security. + SEC. 709. PRIVATE SECTOR CONSULTATION AND COORDINATION. + (a) Consultation With Private Sector by Embassy.--In developing the +priorities for trade expansion initiatives described in section 708(d), +embassy mission teams shall convene local representatives of the United +States private sector and the private sector of host countries to +consult on issues affecting trade at the borders of such countries and +take into account the private sector's operational expertise and +experience confronting the trade barriers in such countries as well as +its recommendations for reform and best practices. + (b) Inclusion of Private-sector Comments in Mission Plans.--Written +comments from local United States private sector representatives shall +be included in the trade expansion component of mission plans submitted +by the chief of mission to the Secretary of State, with recommendations +and comments from the mission team, for the purpose of informing the +development of the joint strategic plan on trade expansion priorities +required pursuant to section 708(c)(4) and recommended funding for the +implementation of such plan. + (c) Designated Embassy Point of Contact for Private Sector +Consultation.--Each chief of mission shall designate an appropriate +point of contact within the embassy who shall receive recommendations +from appropriate private sector representatives regarding the +implementation of the strategic plan required under section 708(c)(4) +and ongoing trade barriers negatively impacting priority trade +expansion. The chief of mission shall ensure that the designated point +of contact shall be reasonably available for consultations with +appropriate private sector representatives and to receive +recommendations with respect to country-specific issues that may arise +that will foreseeably disrupt trade. + (d) Requirement to Protect Business Confidential Information.-- + (1) In general.--The Secretary of State, Secretary of Commerce, + and United States Trade Representative as well as the heads of all + other agencies involved in the Economic Diplomacy Action Group + established under section 708(c) shall protect from disclosure any + proprietary information submitted by any private sector + representative and marked as ``business confidential information'', + unless the party submitting the confidential business information + had notice, at the time of submission, that such information would + be released by the head of any such department or agency, or such + party subsequently consents to the release of the information. To + the extent business confidential information is provided, a non- + confidential version of the information shall also be provided, in + which the business confidential information is summarized or, if + necessary, deleted. + (2) Treatment as trade secrets.--Proprietary information + submitted by a private party in accordance with this Act shall be + considered to be a matter falling within the meaning of trade + secrets and commercial or financial information exemption under + section 552(b)(4) of title 5, United States Code, and shall be + exempt from disclosure without the express approval of the private + party. + SEC. 710. IMPROVING AWARENESS OF UNITED STATES GOVERNMENT TOOLS AND + SERVICES TO SUPPORT UNITED STATES BUSINESSES OVERSEAS. + The Secretary of State and the Secretary of Commerce shall take +actions to improve the awareness of United States businesses with +respect to United States Government tools and services to assist such +businesses overseas, especially small and medium-sized enterprises, +including by coordinating with State trade agencies, Export Assistance +Centers, and Small Businesses Development Centers. + SEC. 711. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES. + (a) In General.--Not later than 2 years after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Foreign Affairs of the House of +Representatives and the Committee on Foreign Relations of the Senate a +report on United States economic and commercial diplomacy. + (b) Matters To Be Included.--The report required under subsection +(a) shall include an assessment of the following: + (1) What is known about the effectiveness of United States + economic and commercial diplomacy in influencing foreign + governments and supporting United States businesses abroad. + (2) Coordination between the Department of State and the + Department of Commerce with respect to United States economic and + commercial diplomacy. + (3) The effectiveness of training provided pursuant to + subsection (d) of section 708 of the Foreign Service Act of 1980 + (as added by section 705 of this title) on matters relating to + economic and commercial diplomacy. + (4) The status and effectiveness of actions taken by the + Secretary of State under section 710 of this title regarding + commercial relations with foreign countries and regions and + safeguarding United States economic and business interests abroad. + (5) The status of the U.S. Commercial Service of the Department + of Commerce and its effectiveness in advancing the economic and + business interests of the United States abroad. + (6) The status of the Foreign Service economics officers and + their effectiveness in advancing the economic and business + interests of the United States abroad. + (7) Recommendations to improve United States economic and + commercial diplomacy. + +TITLE VIII--UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM + REAUTHORIZATION + + SEC. 801. SHORT TITLE. + This title may be cited as the ``United States Commission on +International Religious Freedom Reauthorization Act of 2019''. + SEC. 802. REAUTHORIZATION. + Section 209 of the International Religious Freedom Act of 1998 (22 +U.S.C. 6436) is amended by striking ``2019'' and inserting ``2022''. + SEC. 803. COMPOSITION OF COMMISSION. + Section 201 of the International Religious Freedom Act of 1998 (22 +U.S.C. 6431) is amended-- + (1) in subsection (b)(2)-- + (A) by striking ``(A) In general.--''; and + (B) by striking subparagraph (B); + (2) by amending subsection (d) to read as follows: + ``(d) Election of Chair and Vice Chair.--At the first meeting of +the Commission after May 30 of each year, a majority of the members of +the Commission who are present and voting shall elect a Chair and a +Vice Chair. The Vice Chair shall have been appointed by an officeholder +from a different political party than the officeholder who appointed +the member of the Commission who was elected Chair. The positions of +Chair and Vice Chair shall be rotated annually between members who were +appointed to the Commission by officeholders of different political +parties.''; + (3) in subsection (f), by striking ``Country Report on Human + Rights Practices'' and inserting ``International Religious Freedom + Report''; and + (4) by adding at the end the following: + ``(j) Removal.--If a payment is made under section 415(a) of the +Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) for an +award or settlement in connection with a claim alleging a violation of +unlawful harassment, intimidation, reprisal, or discrimination under +the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) +that was committed personally by an individual who, at the time of +committing the violation, was a Member of the Commission, the Member +shall be removed from the Commission.''. + SEC. 804. DUTIES AND POWERS OF THE COMMISSION. + (a) Duties.--Section 202(e) of the International Religious Freedom +Act of 1998 (22 U.S.C. 6432) is amended-- + (1) by striking ``The Commission'' and inserting the following: + ``(1) In general.--The Commission''; and + (2) by adding at the end the following: + ``(2) Tracking; review.--The Commission shall regularly-- + ``(A) track the implementation by the United States + Government of the recommendations it makes under paragraph (1); + and + ``(B) review, to the extent practicable, the effectiveness + of such implemented recommendations in advancing religious + freedom internationally.''. + (b) Powers.--Section 203(e) of the International Religious Freedom +Act of 1998 (22 U.S.C. 6432a(e)) is amended by adding at the end the +following: ``If a Member of the Commission is invited to speak at an +event in his or her capacity as a Commissioner, the Member shall +provide notice of the request to all Commissioners and the Executive +Director as soon as the Commissioner becomes aware of such invitation. +Speeches and responses to questions at official events shall reflect +the views of the Commission. Official speeches and other prepared +materials shall be made available to all Commissioners in advance of +the event. If a Commissioner is speaking in his or her private +capacity, he or she shall include qualifying language that the views +they are representing are his or her own views and not the views of the +Commission.''. + SEC. 805. COMMISSION PERSONNEL MATTERS. + (a) In General.--Section 204 of the International Religious Freedom +Act of 1998 (22 U.S.C. 6432b) is amended-- + (1) in subsection (b)-- + (A) by striking ``fix the compensation of the Executive + Director and other personnel'' and inserting ``provide + reasonable compensation to the Executive Director''; + (B) by striking ``and other personnel may not exceed the + rate payable for level V of the Executive Schedule under + section 5316'' and inserting ``may not exceed the rate payable + under level II of the Executive Schedule under section 5313''; + and + (C) by adding at the end the following: ``The rate of pay + for other personnel of the Commission may not exceed the rate + payable for level IV of the Executive Schedule under section + 5315 of such title. All employees of the Commission shall + otherwise be treated as employees whose pay is disbursed by the + Secretary of the Senate, including for purposes of applying the + Standing Rules of the Senate. The Commission shall be treated + as an employing office of the Senate.''; + (2) in subsection (f), by striking ``the commission, for the + executive director'' and inserting ``the Commission, for the + Executive Director''; and + (3) by striking subsection (g). + (b) Coverage of Commission Employees.--Section 101(b) of the +Congressional Accountability Act (2 U.S.C. 1301(b)) is amended-- + (1) in paragraph (1), by inserting ``the United States + Commission on International Religious Freedom,'' after ``With + respect to''; + (2) in paragraph (2)-- + (A) by redesignating subparagraphs (A) and (B) as clauses + (i) and (ii), respectively; + (B) by inserting ``(A)'' before ``Subject to paragraph + (3),''; and + (C) by adding at the end the following: + ``(B) Legal assistance and representation under this + chapter, including assistance and representation with respect + to the proposal or acceptance of the disposition of a claim + under this chapter, shall be provided to the United States + Commission on International Religious Freedom by the Office of + Senate Chief Counsel for Employment of the Senate, in the case + of assistance and representation in connection with a claim + filed under subchapter IV (including all subsequent proceedings + under such subchapter in connection with such claim).''; and + (3) in paragraph (3)-- + (A) in subparagraph (B), by striking ``and'' at the end; + (B) in subparagraph (C), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: + ``(D) the term `United States Commission on International + Religious Freedom' means the Commission established under + section 201 of the International Religious Freedom Act of 1998 + (22 U.S.C. 6431 et seq.).''. + SEC. 806. COMMISSION TRAVEL AND ANNUAL DISCLOSURES. + (a) Duties.--Section 201(i) of the International Religious Freedom +Act of 1998 (22 U.S.C. 6431(i)) is amended by striking ``are subject +to'' and inserting ``shall comply with''. + (b) Powers.--Section 203(f) of the International Religious Freedom +Act of 1998 (22 U.S.C. 6432a(f)) is amended-- + (1) by striking ``The Members of the Commission'' and inserting + the following: + ``(1) In general.--The Members of the Commission''; and + (2) by adding at the end the following: + ``(2) Prohibition against payment of official travel by non- + federal sources.--Members of the Commission and Commission staff + may not accept payment from a non-Federal source for expenses + related to official travel on behalf of the Commission.''. + (c) Annual Disclosures.--Section 203 of the International Religious +Freedom Act of 1998, as amended by subsection (b), is further amended +by adding at the end the following: + ``(g) Annual Disclosures.--Not later than March 1 of each year, +each Member of the Commission shall submit a report to the appropriate +congressional committees (as defined in section 4(a) of the United +States Commission on International Religious Freedom Reauthorization +Act of 2015 (22 U.S.C. 6433a(a)) with respect to the most recently +concluded 12-month period, that discloses any travel by the Member +outside of the United States that was paid for or reimbursed by a +person or entity other than the Member, a relative of the Member, or +the Federal Government, including-- + ``(1) who paid for or reimbursed the travel; + ``(2) a good faith estimate of the cost of the travel, if the + travel was funded by a person or entity that does not employ the + Member; and + ``(3) brief details of the travel and events related to such + travel.''. + SEC. 807. STRATEGIC PLAN. + Section 4(d) of the United States Commission on International +Religious Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(d)) is +amended by striking ``Not later than 180 days after the date of the +enactment of the Act, and not less frequently than biennially +thereafter'' and inserting ``Not later than 180 days after the date of +the enactment of this Act, and every 2 years thereafter''. + SEC. 808. AUTHORIZATION OF APPROPRIATIONS. + Section 207(a) of the International Religious Freedom Act of 1998 +(22 U.S.C. 6435(a)) is amended by striking ``2016 to 2019'' and +inserting ``2019 through 2022''. + SEC. 809. RECORD RETENTION. + Section 208 of the International Religious Freedom Act of 1998 (22 +U.S.C. 6435a) is amended by adding at the end the following: + ``(f) Commission Records.--The Commission shall comply with all of +the records management requirements set forth in chapter 31 of title +44, United States Code (commonly referred to as the `Federal Records +Act of 1950'). + ``(g) Official Email for Commission Business.--When conducting any +Commission business on electronic accounts, Commission Members and +staff shall use official Commission electronic accounts.''. + + TITLE IX--OTHER MATTERS + + SEC. 901. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION + PAYMENTS AND OTHER PAYMENTS FOR DEPARTMENT OF STATE PERSONNEL + UNDER CHIEF OF MISSION AUTHORITY. + (a) Adjustment of Compensation for Certain Injuries.-- + (1) Increase.--The Secretary of State may pay an additional + monthly monetary benefit, provided that the covered employee is + receiving benefits under section 8105 or 8106 of title 5, United + States Code, and may determine the amount of each monthly monetary + benefit amount by taking into account-- + (A) the severity of the qualifying injury; + (B) the circumstances by which the covered employee became + injured; and + (C) the seniority of the covered employee, particularly for + purposes of compensating for lost career growth. + (2) Maximum.--Notwithstanding chapter 81 of title 5, United + States Code, the total amount of monthly compensation increased + under paragraph (1) may not exceed the monthly pay of the maximum + rate of basic pay for GS-15 of the General Schedule under section + 5332 of such title. + (b) Costs for Treating Qualifying Injuries.--The Secretary of State +may pay the costs of or reimburse for diagnosing and treating-- + (1) a qualifying injury of a covered employee for such costs, + that are not otherwise covered by chapter 81 of title 5, United + States Code, or other provision of Federal law; or + (2) a covered individual, or a covered dependent, for such + costs that are not otherwise covered by Federal law. + (c) Information Exchange.--To avoid duplicate or otherwise improper +payments under this subsection, the Secretary of Labor and the +Secretary of State shall exchange information about the amounts paid +for treatment of qualifying injuries. + (d) Regulations.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of State shall-- + (1) prescribe regulations ensuring the fair and equitable + implementation of this section; and + (2) submit to the Committee on Foreign Relations of the Senate + and the Committee on Foreign Affairs of the House of + Representatives such regulations. + (e) Definitions.--In this section: + (1) Covered dependent.--The term ``covered dependent'' means a + family member (as defined by the Secretary of State) of a employee + who, on or after January 1, 2016-- + (A) accompanies the employee to an assigned duty station in + a foreign country under chief of mission authority; and + (B) becomes injured by reason of a qualifying injury. + (2) Covered employee.--The term ``covered employee'' means an + employee of the Department of State who, on or after January 1, + 2016, becomes injured by reason of a qualifying injury and was + assigned to a duty station in the Republic of Cuba, the People's + Republic of China, or another foreign country designated by the + Secretary of State pursuant to subsection (f). + (3) Covered individual.--The term ``covered individual'' means + an individual who, on or after January 1, 2016, becomes injured by + reason of a qualifying injury and is-- + (A) detailed to a duty station in the Republic of Cuba, the + People's Republic of China, or another foreign country + designated by the Secretary of State pursuant to subsection + (f); or + (B) affiliated with the Department of State, as determined + by the Secretary of State. + (4) Qualifying injury.--The term ``qualifying injury'' means + the following: + (A) With respect to a covered dependent, an injury + incurred-- + (i) during a period in which the covered dependent is + accompanying an employee to an assigned duty station in the + Republic of Cuba, the People's Republic of China, or + another foreign country designated by the Secretary of + State pursuant to subsection (f); + (ii) in connection with war, insurgency, hostile act, + terrorist activity, or other incident designated by the + Secretary of State; and + (iii) that was not the result of the willful misconduct + of the covered dependent. + (B) With respect to a covered employee or a covered + individual, an injury incurred-- + (i) during a period of assignment to a duty station in + the Republic of Cuba, the People's Republic of China, or + another country designated by the Secretary of State + pursuant to subsection (f); + (ii) in connection with war, insurgency, hostile act, + terrorist activity, or other incident designated by the + Secretary of State; and + (iii) that was not the result of the willful misconduct + of the covered employee or the covered individual. + (f) Designation by the Secretary of State of Another Foreign +Country or Duty Station.--The Secretary of State may designate another +foreign country for the purposes of this section, provided that the +Secretary reports such designation to the Committee on Foreign +Relations of the Senate and the Committee on Foreign Affairs of the +House of Representatives, and includes in such report a rationale for +each such designation. The Secretary of State may not designate an +added foreign country or duty station for purposes of providing +additional monetary benefit pursuant to subsection (a) or (b) for a +qualifying injury to covered employees, covered dependents, or covered +individuals under this section unless the Secretary of State-- + (1) provides to the Committees on Foreign Relations of the + Senate and the Committee on Foreign Affairs of the House of + Representatives 30 days' notice of the designation of a particular + additional country or duty station and the rationale for such + addition; and + (2) provides no such additional monetary benefit pursuant to + subsection (a) or (b) to covered employees, covered dependents, or + covered individuals for a qualifying injury until the 30-day notice + period expires, unless there is written agreement by both the Chair + and Ranking Members of both the Committee on Foreign Relations of + the Senate and the Committee on Foreign Affairs of the House of + Representatives that there is no objection to proceeding with + provision of such monetary benefit compensation in less than 30 + days. + (g) Treatment of Amounts.--For purposes of section 104 of the +Internal Revenue Code of 1986, amounts paid pursuant to this section +shall be treated as amounts described in subsection (a)(5) of such +section. + (h) Application.-- + (1) In general.--This section shall apply with respect to-- + (A) payments made to covered employees (as defined in such + section) under section 8105 or 8106 of title 5, United States + Code, beginning on or after January 1, 2016; and + (B) diagnosis or treatment described in subsection (b) + occurring on or after January 1, 2016. + (2) Rule of construction.--Nothing in this section shall modify + or otherwise supersede chapter 81 of title 5, or chapter 11 of + title 42 United States Code. Monetary benefits and treatment + expenses paid under this section shall not be considered payments + under any workers' compensation law. + SEC. 902. DECLASSIFICATION OF INFORMATION RELATED TO CERTAIN + ACTIONS BY SAUDI ARABIAN OFFICIALS. + Not later than 30 days after the date of the enactment of this Act, +the Director of the Federal Bureau of Investigation, in coordination +with the Director of National Intelligence, shall declassify, with any +redactions necessary to protect intelligence sources and methods, any +and all information related to whether the Government of Saudi Arabia +materially assisted or facilitated any citizen or national of Saudi +Arabia 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. + SEC. 903. PROMOTING SECURITY AND JUSTICE FOR VICTIMS OF TERRORISM. + (a) Short Title.--This section may be cited as the Promoting +Security and Justice for Victims of Terrorism Act of 2019. + (b) Facilitation of the Settlement of Terrorism-related Claims of +Nationals of the United States.-- + (1) Comprehensive process to facilitate the resolution of anti- + terrorism act claims.--The Secretary of State, in consultation with + the Attorney General, shall, not later than 30 days after the date + of enactment of this Act, develop and initiate a comprehensive + process for the Department of State to facilitate the resolution + and settlement of covered claims. + (2) Elements of comprehensive process.--The comprehensive + process developed under paragraph (1) shall include, at a minimum, + the following: + (A) Not later than 45 days after the date of enactment of + this Act, the Department of State shall publish a notice in the + Federal Register identifying the method by which a national of + the United States, or a representative of a national of the + United States, who has a covered claim, may contact the + Department of State to give notice of the covered claim. + (B) Not later than 120 days after the date of enactment of + this Act, the Secretary of State, or a designee of the + Secretary, shall meet (and make every effort to continue to + meet on a regular basis thereafter) with any national of the + United States, or a representative of a national of the United + States, who has a covered claim and has informed the Department + of State of the covered claim using the method established + pursuant to subparagraph (A) to discuss the status of the + covered claim, including the status of any settlement + discussions with the Palestinian Authority or the Palestine + Liberation Organization. + (C) Not later than 180 days after the date of enactment of + this Act, the Secretary of State, or a designee of the + Secretary, shall make every effort to meet (and make every + effort to continue to meet on a regular basis thereafter) with + representatives of the Palestinian Authority and the Palestine + Liberation Organization to discuss the covered claims + identified pursuant to subparagraph (A) and potential + settlement of the covered claims. + (3) Report to congress.--The Secretary of State shall, not + later than 240 days after the date of enactment of this Act, and + annually thereafter for 5 years, submit to the Committee on the + Judiciary and the Committee on Foreign Relations of the Senate and + the Committee on the Judiciary and the Committee on Foreign Affairs + of the House of Representatives a report describing activities that + the Department of State has undertaken to comply with this + subsection, including specific updates regarding subparagraphs (B) + and (C) of paragraph (2). + (4) Sense of congress.--It is the sense of Congress that-- + (A) covered claims should be resolved in a manner that + provides just compensation to the victims; + (B) covered claims should be resolved and settled in favor + of the victim to the fullest extent possible and without + subjecting victims to unnecessary or protracted litigation; + (C) the United States Government should take all + practicable steps to facilitate the resolution and settlement + of all covered claims, including engaging directly with the + victims or their representatives and the Palestinian Authority + and the Palestine Liberation Organization; and + (D) the United States Government should strongly urge the + Palestinian Authority and the Palestine Liberation Organization + to commit to good-faith negotiations to resolve and settle all + covered claims. + (5) Definition.--In this subsection, the term ``covered claim'' + means any pending action by, or final judgment in favor of, a + national of the United States, or any action by a national of the + United States dismissed for lack of personal jurisdiction, under + section 2333 of title 18, United States Code, against the + Palestinian Authority or the Palestine Liberation Organization. + (c) Jurisdictional Amendments to Facilitate Resolution of +Terrorism-related Claims of Nationals of the United States.-- + (1) In general.--Section 2334(e) of title 18, United States + Code, is amended-- + (A) by striking paragraph (1) and inserting the following: + ``(1) In general.--Except as provided in paragraph (2), for + purposes of any civil action under section 2333 of this title, a + defendant shall be deemed to have consented to personal + jurisdiction in such civil action if, regardless of the date of the + occurrence of the act of international terrorism upon which such + civil action was filed, the defendant-- + ``(A) after the date that is 120 days after the date of the + enactment of the Promoting Security and Justice for Victims of + Terrorism Act of 2019, makes any payment, directly or + indirectly-- + ``(i) to any payee designated by any individual who, + after being fairly tried or pleading guilty, has been + imprisoned for committing any act of terrorism that injured + or killed a national of the United States, if such payment + is made by reason of such imprisonment; or + ``(ii) to any family member of any individual, + following such individual's death while committing an act + of terrorism that injured or killed a national of the + United States, if such payment is made by reason of the + death of such individual; or + ``(B) after 15 days after the date of enactment of the + Promoting Security and Justice for Victims of Terrorism Act of + 2019-- + ``(i) continues to maintain any office, headquarters, + premises, or other facilities or establishments in the + United States; + ``(ii) establishes or procures any office, + headquarters, premises, or other facilities or + establishments in the United States; or + ``(iii) conducts any activity while physically present + in the United States on behalf of the Palestine Liberation + Organization or the Palestinian Authority.''; + (B) in paragraph (2), by adding at the end the following: + ``Except with respect to payments described in paragraph + (1)(A), no court may consider the receipt of any assistance by + a nongovernmental organization, whether direct or indirect, as + a basis for consent to jurisdiction by a defendant.''; and + (C) by adding at the end the following: + ``(3) Exception for certain activities and locations.--In + determining whether a defendant shall be deemed to have consented + to personal jurisdiction under paragraph (1)(B), no court may + consider-- + ``(A) any office, headquarters, premises, or other facility + or establishment used exclusively for the purpose of conducting + official business of the United Nations; + ``(B) any activity undertaken exclusively for the purpose + of conducting official business of the United Nations; + ``(C) any activity involving officials of the United States + that the Secretary of State determines is in the national + interest of the United States if the Secretary reports to the + appropriate congressional committees annually on the use of the + authority under this subparagraph; + ``(D) any activity undertaken exclusively for the purpose + of meetings with officials of the United States or other + foreign governments, or participation in training and related + activities funded or arranged by the United States Government; + ``(E) any activity related to legal representation-- + ``(i) for matters related to activities described in + this paragraph; + ``(ii) for the purpose of adjudicating or resolving + claims filed in courts of the United States; or + ``(iii) to comply with this subsection; or + ``(F) any personal or official activities conducted + ancillary to activities listed under this paragraph. + ``(4) Rule of construction.--Notwithstanding any other law + (including any treaty), any office, headquarters, premises, or + other facility or establishment within the territory of the United + States that is not specifically exempted by paragraph (3)(A) shall + be considered to be in the United States for purposes of paragraph + (1)(B). + ``(5) Defined term.--In this subsection, the term `defendant' + means-- + ``(A) the Palestinian Authority; + ``(B) the Palestine Liberation Organization; + ``(C) any organization or other entity that is a successor + to or affiliated with the Palestinian Authority or the + Palestine Liberation Organization; or + ``(D) any organization or other entity that-- + ``(i) is identified in subparagraph (A), (B), or (C); + and + ``(ii) self identifies as, holds itself out to be, or + carries out conduct in the name of, the `State of + Palestine' or `Palestine' in connection with official + business of the United Nations.''. + (2) Prior consent not abrogated.--The amendments made by this + subsection shall not abrogate any consent deemed to have been given + under section 2334(e) of title 18, United States Code, as in effect + on the day before the date of enactment of this Act. + (d) Rules of Construction; Applicability; Severability.-- + (1) Rules of construction.-- + (A) In general.--This section, and the amendments made by + this section, should be liberally construed to carry out the + purposes of Congress to provide relief for victims of + terrorism. + (B) Cases against other persons.--Nothing in this section + may be construed to affect any law or authority, as in effect + on the day before the date of enactment of this Act, relating + to a case brought under section 2333(a) of title 18, United + States Code, against a person who is not a defendant, as + defined in paragraph (5) of section 2334(e) of title 18, United + States Code, as added by subsection (c)(1) of this section. + (2) Applicability.--This section, and the amendments made by + this section, shall apply to any case pending on or after August + 30, 2016. + (3) Severability.--If any provision of this section, an + amendment made by this section, or the application of such + provision or amendment to any person or circumstance is held to be + unconstitutional, the remainder of this section, the amendments + made by this section, and the application of such provisions to any + person or circumstance shall not be affected thereby. + SEC. 904. DEBT RELIEF FOR SOMALIA. + (a) Debt Relief.--(1) Of the funds appropriated under titles III +and IV of division G of this Act and under such titles in prior Acts +making appropriations for the Department of State, foreign operations, +and related programs, not to exceed $35,000,000 may be transferred to +the ``Department of the Treasury, Debt Restructuring'' account for the +same purposes and under the same authorities and conditions (other than +the period of availability) as other funds provided under that heading +for the cost, as defined in section 502 of the Congressional Budget Act +of 1974, of modifying loans and loan guarantees, as the President may +determine, or for the cost of selling, reducing, or cancelling amounts +owed to the United States as a result of loans made to Somalia, in the +event that Somalia meets the domestic and internationally-agreed +conditions and the transfer is consistent with United States law and +foreign policy considerations. + (2) For the purposes of this section, no amounts may be transferred +from amounts designated for Overseas Contingency Operations/Global War +on Terrorism or as emergency requirements pursuant to a concurrent +resolution on the budget or section 251(b)(2)(A) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + (3) Prior to the initial obligation of funds made available +pursuant to this section, the Secretary of State shall submit to the +appropriate congressional committees a report on the outcome of the +Paris Club meeting on debt cancellation for Somalia, the estimate of +amounts needed and over what time period, and the proposed sources of +funds to be transferred pursuant to this section: Provided, That such +funds shall also be subject to prior consultation with the appropriate +congressional committees and the regular notification procedures of +such committees. + (b) Debt Restructuring.--Section 501(i) of title V of H.R. 3425, as +enacted into law by section 1000(a)(5) of Public Law 106-113 (113 Stat. +1501A-313), as most recently amended by section 699H(b)(1) of division +J of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 +Stat. 2372), is further amended by striking ``2000-2010'' and inserting +``2000-2021''. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Relations and the Committee on + Appropriations of the Senate; and + (2) the Committee on Foreign Affairs and the Committee on + Appropriations of the House of Representatives. + + DIVISION K--NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN + + SEC. 101. SHORT TITLE. + This division may be cited as the ``National Law Enforcement Museum +Commemorative Coin Act''. + SEC. 102. FINDINGS. + The Congress finds the following: + (1) In 2000, Congress passed and President William J. Clinton + signed into law the National Law Enforcement Museum Act (Public Law + 106-492), which authorized the National Law Enforcement Officers + Memorial Fund, Inc., to build the National Law Enforcement Museum + on Federal land in the District of Columbia to honor and + commemorate the service and sacrifice of law enforcement officers + in the United States. + (2) In April 2016, construction began on the National Law + Enforcement Museum in the District of Columbia across the street + from the National Law Enforcement Officers Memorial in Judiciary + Square. + (3) The National Law Enforcement Museum formally opened in + October of 2018. + (4) The National Law Enforcement Museum's mission is-- + (A) to honor and commemorate the extraordinary service and + sacrifice of America's law enforcement officers; + (B) to serve as an important bridge between law + enforcement's past and present, between the heroes of + yesteryear and those who have followed in their footsteps, and + between America's peace officers and the public they serve; + (C) increase public understanding and support for law + enforcement and to promote law enforcement safety; and + (D) strengthen the relationship between law enforcement and + the communities they serve with thought-provoking programs at + the Museum and around the country that promote dialogue on + topics of current interest. + SEC. 103. COIN SPECIFICATIONS. + (a) Denominations.--The Secretary of the Treasury (hereafter in +this Act referred to as the ``Secretary'') shall mint and issue the +following coin: + (1) $5 gold coins.--Not more than 50,000 $5 coins, which + shall-- + (A) weigh 8.359 grams; + (B) have a diameter of 0.850 inches; and + (C) contain not less than 90 percent gold. + (2) $1 silver coins.--Not more than 400,000 $1 coins, which + shall-- + (A) weigh 26.73 grams; + (B) have a diameter of 1.500 inches; and + (C) contain not less than 90 percent silver. + (3) Half-dollar clad coins.--Not more than 750,000 half-dollar + coins which shall-- + (A) weigh 11.34 grams; + (B) have a diameter of 1.205 inches; and + (C) be minted to the specifications for half-dollar coins + contained in section 5112(b) of title 31, United States Code. + (b) Legal Tender.--The coins minted under this Act shall be legal +tender, as provided in section 5103 of title 31, United States Code. + (c) Numismatic Items.--For purposes of section 5134 of title 31, +United States Code, all coins minted under this Act shall be considered +to be numismatic items. + SEC. 104. DESIGN OF COINS. + (a) Design Requirements.-- + (1) In general.--The design of the coins minted under this Act + shall be emblematic of the National Law Enforcement Museum and the + service and sacrifice of law enforcement officers throughout the + history of the United States. + (2) Designation and inscriptions.--On each coin minted under + this Act there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2021''; and + (C) inscriptions of the words ``Liberty'', ``In God We + Trust'', ``United States of America'', and ``E Pluribus Unum''. + (b) Selection.--The design for the coins minted under this Act +shall be-- + (1) selected by the Secretary after consultation with the + Commission of Fine Arts and the National Law Enforcement Officers + Memorial Fund, Inc.; and + (2) reviewed by the Citizens Coinage Advisory Committee. + SEC. 105. ISSUANCE OF COINS. + (a) Quality of Coins.--Coins minted under this Act shall be issued +in uncirculated and proof qualities. + (b) Mint Facilities.--Only one facility of the United States Mint +may be used to strike any particular quality of the coins minted under +this Act. + (c) Period for Issuance.--The Secretary may issue coins minted +under this Act only during the 1-year period beginning on January 1, +2021. + SEC. 106. SALE OF COINS. + (a) Sale Price.--The coins issued under this Act shall be sold by +the Secretary at a price equal to the sum of-- + (1) the face value of the coins; + (2) the surcharge provided in section 107(a) with respect to + such coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). + (b) Bulk Sales.--The Secretary shall make bulk sales of the coins +issued under this Act at a reasonable discount. + (c) Prepaid Orders.-- + (1) In general.--The Secretary shall accept prepaid orders for + the coins minted under this Act before the issuance of such coins. + (2) Discount.--Sale prices with respect to prepaid orders under + paragraph (1) shall be at a reasonable discount. + SEC. 107. SURCHARGES. + (a) In General.--All sales of coins issued under this Act shall +include a surcharge of-- + (1) $35 per coin for the $5 coin; + (2) $10 per coin for the $1 coin; and + (3) $5 per coin for the half-dollar coin. + (b) Distribution.--Subject to section 5134(f)(1) of title 31, +United States Code, all surcharges received by the Secretary from the +sale of coins issued under this Act shall be promptly paid by the +Secretary to the National Law Enforcement Officers Memorial Fund, Inc., +for educational and outreach programs and exhibits. + (c) Audits.--The National Law Enforcement Officers Memorial Fund, +Inc., shall be subject to the audit requirements of section 5134(f)(2) +of title 31, United States Code, with regard to the amounts received +under subsection (b). + (d) Limitation.--Notwithstanding subsection (a), no surcharge may +be included with respect to the issuance under this Act of any coin +during a calendar year if, as of the time of such issuance, the +issuance of such coin would result in the number of commemorative coin +programs issued during such year to exceed the annual two commemorative +coin program issuance limitation under section 5112(m)(1) of title 31, +United States Code (as in effect on the date of the enactment of this +Act). The Secretary of the Treasury may issue guidance to carry out +this subsection. + SEC. 108. FINANCIAL ASSURANCES. + The Secretary shall take such actions as may be necessary to ensure +that-- + (1) minting and issuing coins under this Act will not result in + any net cost to the United States Government; and + (2) no funds, including applicable surcharges, are disbursed to + any recipient designated in section 107 until the total cost of + designing and issuing all of the coins authorized by this Act + (including labor, materials, dies, use of machinery, overhead + expenses, marketing, and shipping) is recovered by the United + States Treasury, consistent with sections 5112(m) and 5134(f) of + title 31, United States Code. + + DIVISION L--DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS + + SEC. 101. SHORT TITLE. + This division may be cited as the ``DHS Cyber Hunt and Incident +Response Teams Act of 2019''. + SEC. 102. DEPARTMENT OF HOMELAND SECURITY CYBER HUNT AND INCIDENT + RESPONSE TEAMS. + (a) In General.--Section 2209 of the Homeland Security Act of 2002 +(6 U.S.C. 659) is amended-- + (1) in subsection (d)(1)(B)(iv), by inserting ``, including + cybersecurity specialists'' after ``entities''; + (2) by redesignating subsections (f) through (m) as subsections + (g) through (n), respectively; + (3) by inserting after subsection (e) the following: + ``(f) Cyber Hunt and Incident Response Teams.-- + ``(1) In general.--The Center shall maintain cyber hunt and + incident response teams for the purpose of leading Federal asset + response activities and providing timely technical assistance to + Federal and non-Federal entities, including across all critical + infrastructure sectors, regarding actual or potential security + incidents, as appropriate and upon request, including-- + ``(A) assistance to asset owners and operators in restoring + services following a cyber incident; + ``(B) identification and analysis of cybersecurity risk and + unauthorized cyber activity; + ``(C) mitigation strategies to prevent, deter, and protect + against cybersecurity risks; + ``(D) recommendations to asset owners and operators for + improving overall network and control systems security to lower + cybersecurity risks, and other recommendations, as appropriate; + and + ``(E) such other capabilities as the Secretary determines + appropriate. + ``(2) Associated metrics.--The Center shall-- + ``(A) define the goals and desired outcomes for each cyber + hunt and incident response team; and + ``(B) develop metrics-- + ``(i) to measure the effectiveness and efficiency of + each cyber hunt and incident response team in achieving the + goals and desired outcomes defined under subparagraph (A); + and + ``(ii) that-- + + ``(I) are quantifiable and actionable; and + ``(II) the Center shall use to improve the + effectiveness and accountability of, and service + delivery by, cyber hunt and incident response teams. + + ``(3) Cybersecurity specialists.--After notice to, and with the + approval of, the entity requesting action by or technical + assistance from the Center, the Secretary may include cybersecurity + specialists from the private sector on a cyber hunt and incident + response team.''; and + (4) in subsection (g), as so redesignated-- + (A) in paragraph (1), by inserting ``, or any team or + activity of the Center,'' after ``Center''; and + (B) in paragraph (2), by inserting ``, or any team or + activity of the Center,'' after ``Center''. + (b) Report.-- + (1) Definitions.--In this subsection-- + (A) the term ``Center'' means the national cybersecurity + and communications integration center established under section + 2209(b) of the Homeland Security Act of 2002 (6 U.S.C. 659(b)); + (B) the term ``cyber hunt and incident response team'' + means a cyber hunt and incident response team maintained under + section 2209(f) of the Homeland Security Act of 2002 (6 U.S.C. + 659(f)), as added by this Act; and + (C) the term ``incident'' has the meaning given the term in + section 2209(a) of the Homeland Security Act of 2002 (6 U.S.C. + 659(a)). + (2) Report.--At the conclusion of each of the first 4 fiscal + years after the date of enactment of the DHS Cyber Hunt and + Incident Response Teams Act of 2019, the Center shall 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 that includes-- + (A) information relating to the metrics used for evaluation + and assessment of the cyber hunt and incident response teams + and operations under section 2209(f)(2) of the Homeland + Security Act of 2002 (6 U.S.C. 659(f)(2)), as added by this + Act, including the resources and staffing of those cyber hunt + and incident response teams; and + (B) for the period covered by the report-- + (i) the total number of incident response requests + received; + (ii) the number of incident response tickets opened; + and + (iii) a statement of-- + + (I) all interagency staffing of cyber hunt and + incident response teams; and + (II) the interagency collaborations established to + support cyber hunt and incident response teams. + + (c) No Additional Funds Authorized.--No additional funds are +authorized to be appropriated to carry out the requirements of this Act +and the amendments made by this Act. Such requirements shall be carried +out using amounts otherwise authorized to be appropriated. + + DIVISION M--BIPARTISAN AMERICAN MINERS + + SEC. 101. SHORT TITLE. + This division may be cited as the ``Bipartisan American Miners Act +of 2019''. + SEC. 102. TRANSFERS TO 1974 UMWA PENSION PLAN. + (a) In General.--Subsection (i) of section 402 of the Surface +Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is +amended-- + (1) in paragraph (3)(A), by striking ``$490,000,000'' and + inserting ``$750,000,000''; + (2) by redesignating paragraph (4) as paragraph (5); and + (3) 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) Critical status to be maintained.--Until such time as + the 1974 UMWA Pension Plan ceases to be eligible for the + transfers described in subparagraph (A)-- + ``(i) the Plan shall be treated as if it were in + critical status for purposes of sections 412(b)(3), + 432(e)(3), and 4971(g)(1)(A) of the Internal Revenue Code + of 1986 and sections 302(b)(3) and 305(e)(3) of the + Employee Retirement Income Security Act; + ``(ii) the Plan shall maintain and comply with its + rehabilitation plan under section 432(e) of such Code and + section 305(e) of such Act, including any updates thereto; + and + ``(iii) the provisions of subsections (c) and (d) of + section 432 of such Code and subsections (c) and (d) of + section 305 of such Act shall not apply. + ``(E) 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. + ``(F) 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 Bipartisan American Miners Act of + 2019. + ``(G) Enhanced annual reporting.-- + ``(i) In general.--Not later than the 90th day of each + plan year beginning after the date of enactment of the + Bipartisan American Miners Act of 2019, 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. + ``(H) 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.''. + (b) Effective Dates.-- + (1) In general.--The amendments made by this section shall + apply to fiscal years beginning after September 30, 2016. + (2) Reporting requirements.--Section 402(i)(4)(G) of the + Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. + 1232(i)(4)(G)), as added by this section, shall apply to plan years + beginning after the date of the enactment of this Act. + SEC. 103. 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 + Bipartisan American Miners Act of 2019''; + (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, 2018, or 2019''; + (3) by striking ``and'' at the end of clause (ii)(I), by + striking the period at the end of clause (ii)(II) and inserting ``; + and'', and by inserting after clause (ii)(II) the following new + subclause: + + ``(III) the cost of administering the resolution of + disputes process administered (as of the date of the + enactment of the Bipartisan American Miners Act of + 2019) by the Trustees of the Plan.'', + + (4) by striking ``January 1, 2017'' in clause (ii) and + inserting ``January 1, 2019''; and + (5) 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).''. + + SEC. 104. REDUCTION IN MINIMUM AGE FOR ALLOWABLE IN-SERVICE + DISTRIBUTIONS. + (a) 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\''. + (b) 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. + (c) Effective Date.--The amendments made by this section shall +apply to plan years beginning after December 31, 2019. + + DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS + TITLE I--HEALTH AND HUMAN SERVICES EXTENDERS + + Subtitle A--Medicare Provisions + +Sec. 101. Extension of the work geographic index floor under the + Medicare program. +Sec. 102. Extension of funding for quality measure endorsement, input, + and selection. +Sec. 103. Extension of funding outreach and assistance for low-income + programs. +Sec. 104. Extension of appropriations to the Patient-Centered Outcomes + Research Trust Fund; extension of certain health insurance + fees. +Sec. 105. Laboratory Access for Beneficiaries. +Sec. 106. Exclusion of complex rehabilitative manual wheelchairs from + medicare competitive acquisition program; non-application of + medicare fee-schedule adjustments for certain wheelchair + accessories and cushions. +Sec. 107. Extending pass-through status for certain drugs under part B + of the Medicare program. +Sec. 108. Hematopoietic stem cell acquisition payments. + + Subtitle B--Medicaid Provisions + +Sec. 201. Extension of Community Mental Health Services demonstration + program. +Sec. 202. Medicaid funding for the territories. +Sec. 203. Delay of DSH reductions. +Sec. 204. Extension of spousal impoverishment protections. +Sec. 205. Extension of the Money Follows the Person rebalancing + demonstration program. + + Subtitle C--Human Services and Other Health Programs + +Sec. 301. Extension of demonstration projects to address health + professions workforce needs. +Sec. 302. Extension of the temporary assistance for needy families + program and related programs. +Sec. 303. Extension of sexual risk avoidance education program. +Sec. 304. Extension of personal responsibility education program. + + Subtitle D--Public Health Provisions + +Sec. 401. Extension for community health centers, the national health + service corps, and teaching health centers that operate GME + programs. +Sec. 402. Diabetes programs. +Sec. 403. Poison Center Network Enhancement. +Sec. 404. Kay Hagan Tick Act. + + Subtitle E--Revenue Provisions + +Sec. 501. Repeal of medical device excise tax. +Sec. 502. Repeal of annual fee on health insurance providers. +Sec. 503. Repeal of excise tax on high cost employer-sponsored health + coverage. + + Subtitle F--Miscellaneous Provisions + +Sec. 602. Addressing expiration of child welfare demonstration projects + and supporting Family First implementation. +Sec. 603 Minimum age of sale of tobacco products. +Sec. 604. Sale of tobacco products to individuals under the age of 21. +Sec. 605. Biological product definition. +Sec. 606. Protecting access to biological products. +Sec. 607. Streamlining the transition of biological products. +Sec. 608. Reenrollment of certain individuals in qualified health plans + in certain Exchanges. +Sec. 609. Protection of silver loading practice. +Sec. 610. Actions for delays of generic drugs and biosimilar biological + products. + + Subtitle A--Medicare Provisions + + SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE + MEDICARE PROGRAM. + Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w- +4(e)(1)(E)) is amended by striking ``January 1, 2020'' and inserting +``May 23, 2020''. + SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, + INPUT, AND SELECTION. + (a) In General.--Section 1890(d)(2) of the Social Security Act (42 +U.S.C. 1395aaa(d)(2)) is amended-- + (1) in the first sentence, by striking ``$1,665,000 for the + period beginning on October 1, 2019, and ending on December 20, + 2019'' and inserting ``$4,830,000 for the period beginning on + October 1, 2019, and ending on May 22, 2020''; and + (2) in the third sentence, by striking ``December 20, 2019,'' + and inserting ``May 22, 2020''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect as if included in the enactment of the Further Continuing +Appropriations Act, 2020, and Further Health Extenders Act of 2019 +(Public Law 116-69). + SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW- + INCOME PROGRAMS. + (a) Additional Funding for State Health Insurance Programs.-- +Subsection (a)(1)(B) of section 119 of the Medicare Improvements for +Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended +by section 3306 of the Patient Protection and Affordable Care Act +(Public Law 111-148), section 610 of the American Taxpayer Relief Act +of 2012 (Public Law 112-240), section 1110 of the Pathway for SGR +Reform Act of 2013 (Public Law 113-67), section 110 of the Protecting +Access to Medicare Act of 2014 (Public Law 113-93), section 208 of the +Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114- +10), section 50207 of division E of the Bipartisan Budget Act of 2018 +(Public Law 115-123), section 1402 of the Continuing Appropriations +Act, 2020, and Health Extenders Act of 2019 (Public Law 116-59), and +section 1402 of the Further Continuing Appropriations Act, 2020, and +Further Health Extenders Act of 2019 (Public Law 116-69), is amended-- + (1) in clause (x), by striking ``and'' at the end; + (2) in clause (xi), by striking the period at the end and + inserting ``; and''; and + (3) by inserting after clause (xi) the following new clause: + ``(xii) for the period beginning on December 21, 2019, + and ending on May 22, 2020, of $5,485,000.''. + (b) Additional Funding for Area Agencies on Aging.--Subsection +(b)(1)(B) of such section 119, as so amended, is amended-- + (1) in clause (x), by striking ``and'' at the end; + (2) in clause (xi), by striking the period at the end and + inserting ``; and''; and + (3) by inserting after clause (xi) the following new clause: + ``(xii) for the period beginning on December 21, 2019, + and ending on May 22, 2020, of $3,165,000.''. + (c) Additional Funding for Aging and Disability Resource Centers.-- +Subsection (c)(1)(B) of such section 119, as so amended, is amended-- + (1) in clause (x), by striking ``and'' at the end; + (2) in clause (xi), by striking the period at the end and + inserting ``; and''; and + (3) by inserting after clause (xi) the following new clause: + ``(xii) for the period beginning on December 21, 2019, + and ending on May 22, 2020, of $2,110,000.''. + (d) Additional Funding for Contract With the National Center for +Benefits and Outreach Enrollment.--Subsection (d)(2) of such section +119, as so amended, is amended-- + (1) in clause (x), by striking ``and'' at the end; + (2) in clause (xi), by striking the period at the end and + inserting ``; and''; and + (3) by inserting after clause (xi) the following new clause: + ``(xii) for the period beginning on December 21, 2019, + and ending on May 22, 2020, of $5,063,000.''. + SEC. 104. EXTENSION OF APPROPRIATIONS TO THE PATIENT-CENTERED + OUTCOMES RESEARCH TRUST FUND; EXTENSION OF CERTAIN HEALTH + INSURANCE FEES. + (a) In General.--Section 9511 of the Internal Revenue Code of 1986 +is amended-- + (1) in subsection (b)-- + (A) in paragraph (1)-- + (i) by inserting after subparagraph (E) the following + new subparagraph: + ``(F) For each of fiscal years 2020 through 2029-- + ``(i) an amount equivalent to the net revenues received + in the Treasury from the fees imposed under subchapter B of + chapter 34 (relating to fees on health insurance and self- + insured plans) for such fiscal year; and + ``(ii) the applicable amount (as defined in paragraph + (4)) for the fiscal year.''; and + (ii) by striking ``and (E)(ii)'' in the last sentence + and inserting ``(E)(ii), and (F)(ii)''; and + (B) by adding at the end the following new paragraph: + ``(4) Applicable amount defined.--In paragraph (1)(F)(ii), the + term `applicable amount' means-- + ``(A) for fiscal year 2020, $275,500,000; + ``(B) for fiscal year 2021, $285,000,000; + ``(C) for fiscal year 2022, $293,500,000; + ``(D) for fiscal year 2023, $311,500,000; + ``(E) for fiscal year 2024, $320,000,000; + ``(F) for fiscal year 2025, $338,000,000; + ``(G) for fiscal year 2026, $355,500,000; + ``(H) for fiscal year 2027, $363,500,000; + ``(I) for fiscal year 2028, $381,000,000; and + ``(J) for fiscal year 2029, $399,000,000.''; + (2) in subsection (d)(2)(A), by striking ``2019'' and inserting + ``2029''; and + (3) in subsection (f), by striking ``December 20, 2019'' and + inserting ``September 30, 2029''. + (b) Health Insurance Policies.--Section 4375(e) of the Internal +Revenue Code of 1986 is amended by striking ``2019'' and inserting +``2029''. + (c) Self-insured Health Plans.--Section 4376(e) of the Internal +Revenue Code of 1986 is amended by striking ``2019'' and inserting +``2029''. + (d) Identification of Research Priorities.--Subsection (d)(1)(A) of +section 1181 of the Social Security Act (42 U.S.C. 1320e) is amended by +adding at the end the following: ``Such national priorities shall +include research with respect to intellectual and developmental +disabilities and maternal mortality. Such priorities should reflect a +balance between long-term priorities and short-term priorities, and be +responsive to changes in medical evidence and in health care +treatments.''. + (e) Consideration of Full Range of Outcomes Data.--Subsection +(d)(2) of such section 1181 is amended by adding at the end the +following subparagraph: + ``(F) Consideration of full range of outcomes data.-- + Research shall be designed, as appropriate, to take into + account and capture the full range of clinical and patient- + centered outcomes relevant to, and that meet the needs of, + patients, clinicians, purchasers, and policy-makers in making + informed health decisions. In addition to the relative health + outcomes and clinical effectiveness, clinical and patient- + centered outcomes shall include the potential burdens and + economic impacts of the utilization of medical treatments, + items, and services on different stakeholders and decision- + makers respectively. These potential burdens and economic + impacts include medical out-of-pocket costs, including health + plan benefit and formulary design, non-medical costs to the + patient and family, including caregiving, effects on future + costs of care, workplace productivity and absenteeism, and + healthcare utilization.''. + (f) Board Composition.--Subsection (f) of such section 1181 is +amended-- + (1) in paragraph (1)-- + (A) in subparagraph (C)-- + (i) in the matter preceding clause (i)-- + + (I) by striking ``Seventeen'' and inserting ``At + least nineteen, but no more than twenty-one''; and + (II) by striking ``, not later than 6 months after + the date of enactment of this section,''; and + + (ii) in clause (iii), by striking ``3'' and inserting + ``at least 3, but no more than 5''; and + (2) in paragraph (3)-- + (A) in the first sentence-- + (i) by striking the ``the members'' and inserting + ``members''; and + (ii) by inserting the following before the period at + the end: ``to the extent necessary to preserve the evenly + staggered terms of the Board.''; and + (B) by inserting the following after the first sentence: + ``Any member appointed to fill a vacancy occurring before the + expiration of the term for which the member's predecessor was + appointed shall be appointed for the remainder of that term and + thereafter may be eligible for reappointment to a full term. A + member may serve after the expiration of that member's term + until a successor has been appointed.''. + (g) Methodology Committee Appointments.--Such section 1181 is +amended-- + (1) in subsection (d)(6)(B), by striking ``Comptroller General + of the United States'' and inserting ``Board''; and + (2) in subsection (h)(4)-- + (A) in subparagraph (A)(ii), by striking ``Comptroller + General'' and inserting ``Board''; and + (B) in the first sentence of subparagraph (B), by striking + ``and of the Government Accountability Office''. + (h) Reports by the Comptroller General of the United States.-- +Subsection (g)(2)(A) of such section 1181 is amended-- + (1) by striking clause (iv) and inserting the following: + ``(iv) Not less frequently than every 5 years, the + overall effectiveness of activities conducted under this + section and the dissemination, training, and capacity + building activities conducted under section 937 of the + Public Health Service Act. Such review shall include the + following: + + ``(I) A description of those activities and the + financial commitments related to research, training, + data capacity building, and dissemination and uptake of + research findings. + ``(II) The extent to which the Institute and the + Agency for Healthcare Research and Quality have + collaborated with stakeholders, including provider and + payer organizations, to facilitate the dissemination + and uptake of research findings. + ``(III) An analysis of available data and + performance metrics, such as the estimated public + availability and dissemination of research findings and + uptake and utilization of research findings in clinical + guidelines and decision support tools, on the extent to + which such research findings are used by health care + decision-makers, the effect of the dissemination of + such findings on changes in medical practice and + reducing practice variation and disparities in health + care, and the effect of the research conducted and + disseminated on innovation and the health care economy + of the United States.''; and + + (2) by adding at the end the following new clause: + ``(vi) Not less frequently than every 5 years, any + barriers that researchers funded by the Institute have + encountered in conducting studies or clinical trials, + including challenges covering the cost of any medical + treatments, services, and items described in subsection + (a)(2)(B) for purposes of the research study.''. + SEC. 105. LABORATORY ACCESS FOR BENEFICIARIES. + (a) Amendments Relating to Reporting Requirements With Respect to +Clinical Diagnostic Laboratory Tests.-- + (1) Revised reporting period for reporting of private sector + payment rates for establishment of medicare payment rates.--Section + 1834A(a) of the Social Security Act (42 U.S.C. 1395m-1(a)) is + amended-- + (A) in paragraph (1)-- + (i) by striking ``Beginning January 1, 2016'' and + inserting the following: + ``(A) General reporting requirements.--Subject to + subparagraph (B), beginning January 1, 2016''; + (ii) in subparagraph (A), as added by subparagraph (A) + of this paragraph, by inserting ``(referred to in this + subsection as the `reporting period')'' after ``at a time + specified by the Secretary''; and + (iii) by adding at the end the following: + ``(B) Revised reporting period.--In the case of reporting + with respect to clinical diagnostic laboratory tests that are + not advanced diagnostic laboratory tests, the Secretary shall + revise the reporting period under subparagraph (A) such that-- + ``(i) no reporting is required during the period + beginning January 1, 2020, and ending December 31, 2020; + ``(ii) reporting is required during the period + beginning January 1, 2021, and ending March 31, 2021; and + ``(iii) reporting is required every three years after + the period described in clause (ii).''; and + (B) in paragraph (4)-- + (i) by striking ``In this section'' and inserting the + following: + ``(A) In general.--Subject to subparagraph (B), in this + section''; and + (ii) by adding at the end the following: + ``(B) Exception.--In the case of the reporting period + described in paragraph (1)(B)(ii) with respect to clinical + diagnostic laboratory tests that are not advanced diagnostic + laboratory tests, the term `data collection period' means the + period beginning January 1, 2019, and ending June 30, 2019.''. + (2) Corrections relating to phase-in of reductions from private + payor rate implementation.--Section 1834A(b)(3) of the Social + Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- + (A) in subparagraph (A), by striking ``through 2022'' and + inserting ``through 2023''; and + (B) in subparagraph (B)-- + (i) in clause (i), by striking ``through 2019'' and + inserting ``through 2020''; and + (ii) in clause (ii), by striking ``2020 through 2022'' + and inserting ``2021 through 2023''. + (b) Study and Report by MedPAC.-- + (1) In general.--The Medicare Payment Advisory Commission (in + this subsection referred to as the ``Commission'') shall conduct a + study to review the methodology the Administrator of the Centers + for Medicare & Medicaid Services has implemented for the private + payor rate-based clinical laboratory fee schedule under the + Medicare program under title XVIII of the Social Security Act (42 + U.S.C. 1395 et seq.). + (2) Scope of study.--In carrying out the study described in + paragraph (1), the Commission shall consider the following: + (A) How best to implement the least burdensome data + collection process required under section 1834A(a)(1) of such + Act (42 U.S.C. 1395m-1(a)(1)) that would-- + (i) result in a representative and statistically valid + data sample of private market rates from all laboratory + market segments, including hospital outreach laboratories, + physician office laboratories, and independent + laboratories; and + (ii) consider the variability of private payor payment + rates across market segments. + (B) Appropriate statistical methods for estimating rates + that are representative of the market. + (3) Report to congress.--Not later than 18 months after the + date of the enactment of this Act, the Commission shall submit to + the Administrator, the Committee on Finance of the Senate, and the + Committees on Ways and Means and Energy and Commerce of the House + of Representatives a report that includes-- + (A) conclusions about the methodology described in + paragraph (1); and + (B) any recommendations the Commission deems appropriate. + SEC. 106. EXCLUSION OF COMPLEX REHABILITATIVE MANUAL WHEELCHAIRS + FROM MEDICARE COMPETITIVE ACQUISITION PROGRAM; NON-APPLICATION OF + MEDICARE FEE-SCHEDULE ADJUSTMENTS FOR CERTAIN WHEELCHAIR + ACCESSORIES AND CUSHIONS. + (a) Exclusion of Complex Rehabilitative Manual Wheelchairs From +Competitive Acquisition Program.--Section 1847(a)(2)(A) of the Social +Security Act (42 U.S.C. 1395w-3(a)(2)(A)) is amended-- + (1) by inserting ``, complex rehabilitative manual wheelchairs + (as determined by the Secretary), and certain manual wheelchairs + (identified, as of October 1, 2018, by HCPCS codes E1235, E1236, + E1237, E1238, and K0008 or any successor to such codes)'' after + ``group 3 or higher''; and + (2) by striking ``such wheelchairs'' and inserting ``such + complex rehabilitative power wheelchairs, complex rehabilitative + manual wheelchairs, and certain manual wheelchairs''. + (b) Non-application of Medicare Fee Schedule Adjustments for +Wheelchair Accessories and Seat and Back Cushions When Furnished in +Connection With Complex Rehabilitative Manual Wheelchairs.-- + (1) In general.--Notwithstanding any other provision of law, + the Secretary of Health and Human Services shall not, during the + period beginning on January 1, 2020, and ending on June 30, 2021, + use information on the payment determined under the competitive + acquisition programs under section 1847 of the Social Security Act + (42 U.S.C. 1395w-3) to adjust the payment amount that would + otherwise be recognized under section 1834(a)(1)(B)(ii) of such Act + (42 U.S.C. 1395m(a)(1)(B)(ii)) for wheelchair accessories + (including seating systems) and seat and back cushions when + furnished in connection with complex rehabilitative manual + wheelchairs (as determined by the Secretary), and certain manual + wheelchairs (identified, as of October 1, 2018, by HCPCS codes + E1235, E1236, E1237, E1238, and K0008 or any successor to such + codes). + (2) Implementation.--Notwithstanding any other provision of + law, the Secretary may implement this subsection by program + instruction or otherwise. + SEC. 107. EXTENDING PASS-THROUGH STATUS FOR CERTAIN DRUGS UNDER + PART B OF THE MEDICARE PROGRAM. + (a) In General.--Section 1833(t)(6) of the Social Security Act (42 +U.S.C. 1395l(t)(6)) is amended-- + (1) in subparagraph (E)(i), by striking ``2018'' and inserting + ``2018 or 2020''; and + (2) by adding at the end the following new subparagraph: + ``(J) Additional pass-through extension and special payment + adjustment rule for certain diagnostic radiopharmaceuticals.-- + In the case of a drug or biological furnished in the context of + a clinical study on diagnostic imaging tests approved under a + coverage with evidence development determination whose period + of pass-through status under this paragraph concluded on + December 31, 2018, and for which payment under this subsection + was packaged into a payment for a covered OPD service (or group + of services) furnished beginning January 1, 2019, the Secretary + shall-- + ``(i) extend such pass-through status for such drug or + biological for the 9-month period beginning on January 1, + 2020; + ``(ii) remove, during such period, the packaged costs + of such drug or biological (as determined by the Secretary) + from the payment amount under this subsection for the + covered OPD service (or group of services) with which it is + packaged; and + ``(iii) not make any adjustments to payment amounts + under this subsection for a covered OPD service (or group + of services) for which no costs were removed under clause + (ii).''. + (b) Implementation.--Notwithstanding any other provision of law, +the Secretary of Health and Human Service may implement the amendments +made by subsection (a) by program instruction or otherwise. + SEC. 108. HEMATOPOIETIC STEM CELL ACQUISITION PAYMENTS. + Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is +amended-- + (1) in subsection (a)(4), in the second sentence, by inserting + ``for cost reporting periods beginning on or after October 1, 2020, + costs related to hematopoietic stem cell acquisition for the + purpose of an allogeneic hematopoietic stem cell transplant (as + described in subsection (d)(5)(M)),'' after ``October 1, 1987),''; + (2) in subsection (d)-- + (A) in paragraph (4)(C)(iii)-- + (i) by inserting ``or payments under paragraph (5)(M) + (beginning with fiscal year 2021)'' after ``fiscal year + 1991)''; and + (ii) by inserting ``or payments under paragraph + (5)(M)'' before the period at the end; and + (B) in paragraph (5), by adding at the end the following + new subparagraph: + ``(M)(i) For cost reporting periods beginning on or after October +1, 2020, in the case of a subsection (d) hospital that furnishes an +allogeneic hematopoietic stem cell transplant to an individual during +such a period, payment to such hospital for hematopoietic stem cell +acquisition shall be made on a reasonable cost basis. The items +included in such hematopoietic stem cell acquisition shall be specified +by the Secretary through rulemaking. + ``(ii) For purposes of this subparagraph, the term `allogeneic +hematopoietic stem cell transplant' means, with respect to an +individual, the intravenous infusion of hematopoietic cells derived +from bone marrow, peripheral blood stem cells, or cord blood, but not +including embryonic stem cells, of a donor to an individual that are or +may be used to restore hematopoietic function in such individual having +an inherited or acquired deficiency or defect.''. + + Subtitle B--Medicaid Provisions + + SEC. 201. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES + DEMONSTRATION PROGRAM. + Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 +(42 U.S.C. 1396a note) is amended by striking ``December 20, 2019'' and +inserting ``May 22, 2020''. + SEC. 202. MEDICAID FUNDING FOR THE TERRITORIES. + (a) Treatment of Cap.--Section 1108(g) of the Social Security Act +(42 U.S.C. 1308(g)) is amended-- + (1) in paragraph (2)-- + (A) in the matter preceding subparagraph (A), by striking + ``subject to and section 1323(a)(2) of the Patient Protection + and Affordable Care Act paragraphs (3) and (5)'' and inserting + ``subject to section 1323(a)(2) of the Patient Protection and + Affordable Care Act and paragraphs (3) and (5)''; + (B) in subparagraph (A)-- + (i) by striking ``Puerto Rico shall not exceed the sum + of'' and inserting ``Puerto Rico shall not exceed-- + ``(i) except as provided in clause (ii), the sum of''; + (ii) by striking ``$100,000;'' and inserting + ``$100,000; and''; and + (iii) by adding at the end the following new clause: + ``(ii) for each of fiscal years 2020 through 2021, the + amount specified in paragraph (6) for each such fiscal + year;''; + (C) in subparagraph (B)-- + (i) by striking ``the Virgin Islands shall not exceed + the sum of'' and inserting ``the Virgin Islands shall not + exceed-- + ``(i) except as provided in clause (ii), the sum of''; + (ii) by striking ``$10,000;'' and inserting ``$10,000; + and''; and + (iii) by adding at the end the following new clause: + ``(ii) for each of fiscal years 2020 through 2021, + $126,000,000;''; + (D) in subparagraph (C)-- + (i) by striking ``Guam shall not exceed the sum of'' + and inserting ``Guam shall not exceed-- + ``(i) except as provided in clause (ii), the sum of''; + (ii) by striking ``$10,000;'' and inserting ``$10,000; + and''; and + (iii) by adding at the end the following new clause: + ``(ii) for each of fiscal years 2020 through 2021, + $127,000,000;''; + (E) in subparagraph (D)-- + (i) by striking ``the Northern Mariana Islands shall + not exceed the sum of'' and inserting ``the Northern + Mariana Islands shall not exceed-- + ``(i) except as provided in clause (ii), the sum of''; + and + (ii) by adding at the end the following new clause: + ``(ii) for each of fiscal years 2020 through 2021, + $60,000,000; and''; + (F) in subparagraph (E)-- + (i) by striking ``American Samoa shall not exceed the + sum of'' and inserting ``American Samoa shall not exceed-- + ``(i) except as provided in clause (ii), the sum of''; + (ii) by striking ``$10,000.'' and inserting ``$10,000; + and''; and + (iii) by adding at the end the following new clause: + ``(ii) for each of fiscal years 2020 through 2021, + $84,000,000.''; and + (G) by adding at the end the following flush sentence: + ``For each fiscal year after fiscal year 2021, the total amount + certified for Puerto Rico, the Virgin Islands, Guam, the Northern + Mariana Islands, and American Samoa under subsection (f) and this + subsection for the fiscal year shall be determined as if the + preceding subparagraphs were applied to each of fiscal years 2020 + through 2021 without regard to clause (ii) of each such + subparagraph.''; and + (2) by adding at the end the following new paragraphs: + ``(6) Application to puerto rico for fiscal years 2020 through + 2021.-- + ``(A) In general.--Subject to subparagraph (B), the amount + specified in this paragraph is-- + ``(i) for fiscal year 2020, $2,623,188,000; and + ``(ii) for fiscal year 2021, $2,719,072,000. + ``(B) Additional increase for puerto rico.-- + ``(i) In general.--For each of fiscal years 2020 + through 2021, the amount specified in this paragraph for + the fiscal year shall be equal to the amount specified for + such fiscal year under subparagraph (A) increased by + $200,000,000 if the Secretary certifies that, with respect + to such fiscal year, Puerto Rico's State plan under title + XIX (or a waiver of such plan) establishes a reimbursement + floor, implemented through a directed payment arrangement + plan, for physician services that are covered under the + Medicare part B fee schedule in the Puerto Rico locality + established under section 1848(b) that is not less than 70 + percent of the payment that would apply to such services if + they were furnished under part B of title XVIII during such + fiscal year. + ``(ii) Application to managed care.--In certifying + whether Puerto Rico has established a reimbursement floor + under a directed payment arrangement plan that satisfies + the requirements of clause (i)-- + + ``(I) for fiscal year 2020, the Secretary shall + apply such requirements to payments for physician + services under a managed care contract entered into or + renewed after the date of enactment of this paragraph + and disregard payments for physician services under any + managed care contract that was entered into prior to + such date; and + ``(II) for each of fiscal years 2020 through 2021-- + + ``(aa) the Secretary shall disregard payments + made under sub-capitated arrangements for services + such as primary care case management; and + ``(bb) if the reimbursement floor for physician + services applicable under a managed care contract + satisfies the requirements of clause (i) for the + fiscal year in which the contract is entered into + or renewed, such reimbursement floor shall be + deemed to satisfy such requirements for the + subsequent fiscal year. + ``(7) Puerto rico program integrity requirements.-- + ``(A) In general.-- + ``(i) Program integrity lead.--Not later than 6 months + after the date of enactment of this paragraph, the agency + responsible for the administration of Puerto Rico's + Medicaid program under title XIX shall designate an officer + (other than the director of such agency) to serve as the + Program Integrity Lead for such program. + ``(ii) PERM requirement.--Not later than 18 months + after the date of enactment of this paragraph, Puerto Rico + shall publish a plan, developed by Puerto Rico in + coordination with the Administrator of the Centers for + Medicare & Medicaid Services and approved by the + Administrator, for how Puerto Rico will develop measures to + satisfy the payment error rate measurement (PERM) + requirements under subpart Q of part 431 of title 42, Code + of Federal Regulations (or any successor regulation). + ``(iii) Contracting reform.--Not later than 12 months + after the date of enactment of this paragraph, Puerto Rico + shall publish a contracting reform plan to combat + fraudulent, wasteful, or abusive contracts under Puerto + Rico's Medicaid program under title XIX that includes-- + + ``(I) metrics for evaluating the success of the + plan; and + ``(II) a schedule for publicly releasing status + reports on the plan. + + ``(iv) MEQC.--Not later than 18 months after the date + of enactment of this paragraph, Puerto Rico shall publish a + plan, developed by Puerto Rico in coordination with the + Administrator of the Centers for Medicare & Medicaid + Services and approved by the Administrator, for how Puerto + Rico will comply with the Medicaid eligibility quality + control (MEQC) requirements of subpart P of part 431 of + title 42, Code of Federal Regulations (or any successor + regulation). + ``(B) FMAP reduction for failure to meet additional + requirements.-- + ``(i) In general.--For each fiscal quarter during the + period beginning on January 1, 2020, and ending on + September 30, 2021: + + ``(I) For every clause under subparagraph (A) with + respect to which Puerto Rico does not fully satisfy the + requirements described in the clause (including + requirements imposed under the terms of a plan + described in the clause) in the fiscal quarter, the + Federal medical assistance percentage applicable to + Puerto Rico under section 1905(ff) shall be reduced by + the number of percentage points determined for the + clause and fiscal quarter under subclause (II). + ``(II) The number of percentage points determined + under this subclause with respect to a clause under + subparagraph (A) and a fiscal quarter shall be the + number of percentage points (not to exceed 2.5 + percentage points) equal to-- + + ``(aa) 0.25 percentage points; multiplied by + ``(bb) the total number of consecutive fiscal + quarters for which Puerto Rico has not fully + satisfied the requirements described in such + clause. + ``(ii) Exception for extenuating circumstances or + reasonable progress.--For purposes of clause (i), Puerto + Rico shall be deemed to have fully satisfied the + requirements of a clause under subparagraph (A) (including + requirements imposed under the terms of a plan described in + the clause) for a fiscal quarter if-- + + ``(I) the Secretary approves an application from + Puerto Rico describing extenuating circumstances that + prevented Puerto Rico from fully satisfying the + requirements of the clause; or + ``(II) in the case of a requirement imposed under + the terms of a plan described in a clause under + subparagraph (A), Puerto Rico has made objectively + reasonable progress towards satisfying such terms and + has submitted a timely request for an exception to the + imposition of a penalty to the Secretary. + + ``(8) Program integrity lead requirement for the virgin + islands, guam, the northern mariana islands, and american samoa.-- + ``(A) Program integrity lead requirement.--Not later than + October 1, 2020, the agency responsible for the administration + of the Medicaid program under title XIX of each territory + specified in subparagraph (C) shall designate an officer (other + than the director of such agency) to serve as the Program + Integrity Lead for such program. + ``(B) FMAP reduction.--For each fiscal quarter during + fiscal year 2021, if the territory fails to satisfy the + requirement of subparagraph (A) for the fiscal quarter, the + Federal medical assistance percentage applicable to the + territory under section 1905(ff) for such fiscal quarter shall + be reduced by the number of percentage points (not to exceed 5 + percentage points) equal to-- + ``(i) 0.25 percentage points; multiplied by + ``(ii) the total number of fiscal quarters during the + fiscal year in which the territory failed to satisfy such + requirement. + ``(C) Scope.--This paragraph shall apply to the Virgin + Islands, Guam, the Northern Mariana Islands, and American + Samoa.''. + (b) Treatment of Funding Under Enhanced Allotment Program.--Section +1935(e) of the Social Security Act (42 U.S.C. 1396u-5(e)) is amended-- + (1) in paragraph (1)(B), by striking ``if the State'' and + inserting ``subject to paragraph (4), if the State''; + (2) by redesignating paragraph (4) as paragraph (5); and + (3) by inserting after paragraph (3) the following new + paragraph: + ``(4) Treatment of funding for certain fiscal years.-- + Notwithstanding paragraph (1)(B), in the case that Puerto Rico, the + Virgin Islands, Guam, the Northern Mariana Islands, or American + Samoa establishes and submits to the Secretary a plan described in + paragraph (2) with respect to any of fiscal years 2020 through + 2021, the amount specified for such a year in paragraph (3) for + Puerto Rico, the Virgin Islands, Guam, the Northern Mariana + Islands, or American Samoa, as the case may be, shall be taken into + account in applying, as applicable, subparagraph (A)(ii), (B)(ii), + (C)(ii), (D)(ii), or (E)(ii) of section 1108(g)(2) for such + year.''. + (c) Increased FMAP.--Subsection (ff) of section 1905 of the Social +Security Act (42 U.S.C. 1396d) is amended to read as follows: + ``(ff) Temporary Increase in FMAP for Territories for Certain +Fiscal Years.--Notwithstanding subsection (b) or (z)(2)-- + ``(1) for the period beginning October 1, 2019, and ending + December 20, 2019, the Federal medical assistance percentage for + Puerto Rico, the Virgin Islands, Guam, the Northern Mariana + Islands, and American Samoa shall be equal to 100 percent; + ``(2) subject to section 1108(g)(7)(C), for the period + beginning December 21, 2019, and ending September 30, 2021, the + Federal medical assistance percentage for Puerto Rico shall be + equal to 76 percent; and + ``(3) subject to section 1108(g)(8)(B), for the period + beginning December 21, 2019, and ending September 30, 2021, the + Federal medical assistance percentage for the Virgin Islands, Guam, + the Northern Mariana Islands, and American Samoa shall be equal to + 83 percent.''. + (d) Annual Report.--Section 1108(g) of the Social Security Act (42 +U.S.C. 1308(g)), as amended by subsection (a), is further amended by +adding at the end the following new paragraph: + ``(9) Annual report.-- + ``(A) In general.--Not later than the date that is 30 days + after the end of each fiscal year (beginning with fiscal year + 2020 and ending with fiscal year 2021), in the case that a + specified territory receives a Medicaid cap increase, or an + increase in the Federal medical assistance percentage for such + territory under section 1905(ff), for such fiscal year, such + territory shall submit to the Chair and Ranking Member of the + Committee on Energy and Commerce of the House of + Representatives and the Chair and Ranking Member of the + Committee on Finance of the Senate a report, employing the most + up-to-date information available, that describes how such + territory has used such Medicaid cap increase, or such increase + in the Federal medical assistance percentage, as applicable, to + increase access to health care under the State Medicaid plan of + such territory under title XIX (or a waiver of such plan). Such + report may include-- + ``(i) the extent to which such territory has, with + respect to such plan (or waiver)-- + + ``(I) increased payments to health care providers; + ``(II) increased covered benefits; + ``(III) expanded health care provider networks; or + ``(IV) improved in any other manner the carrying + out of such plan (or waiver); and + + ``(ii) any other information as determined necessary by + such territory. + ``(B) Definitions.--In this paragraph: + ``(i) Medicaid cap increase.--The term `Medicaid cap + increase' means, with respect to a specified territory and + fiscal year, any increase in the amounts otherwise + determined under this subsection for such territory for + such fiscal year by reason of the amendments made by + section 202 of division N of the Further Consolidated + Appropriations Act, 2020. + ``(ii) Specified territory.--The term `specified + territory' means Puerto Rico, the Virgin Islands, Guam, the + Northern Mariana Islands, and American Samoa.''. + (e) Application of Certain Data Reporting and Program Integrity +Requirements to Northern Mariana Islands, American Samoa, and Guam.-- + (1) In general.--Section 1902 of the Social Security Act (42 + U.S.C. 1396a) is amended by adding at the end the following new + subsection: + ``(qq) Application of Certain Data Reporting and Program Integrity +Requirements to Northern Mariana Islands, American Samoa, and Guam.-- + ``(1) In general.--Not later than October 1, 2021, the Northern + Mariana Islands, American Samoa, and Guam shall-- + ``(A) demonstrate progress in implementing methods, + satisfactory to the Secretary, for the collection and reporting + of reliable data to the Transformed Medicaid Statistical + Information System (T-MSIS) (or a successor system); and + ``(B) demonstrate progress in establishing a State medicaid + fraud control unit described in section 1903(q). + ``(2) Determination of progress.--For purposes of paragraph + (1), the Secretary shall deem that a territory described in such + paragraph has demonstrated satisfactory progress in implementing + methods for the collection and reporting of reliable data or + establishing a State medicaid fraud control unit if the territory + has made a good faith effort to implement such methods or establish + such a unit, given the circumstances of the territory.''. + (2) Conforming amendment.--Section 1902(j) of the Social + Security Act (42 U.S.C. 1396a(j)) is amended-- + (A) by striking ``or the requirement'' and inserting ``, + the requirement''; and + (B) by inserting before the period at the end the + following: ``, or the requirement under subsection (qq)(1) + (relating to data reporting)''. + (3) Reevaluation of waivers of medicaid fraud control unit + requirement.-- + (A) In general.--Not later than the date that is 1 year + after the date of enactment of this Act, the Secretary of + Health and Human Services shall reevaluate any waiver approved + (and in effect as of the date of enactment of this Act) for + Guam, the Northern Mariana Islands, or American Samoa under + subsection (a)(61) or subsection (j) of section 1902 of the + Social Security Act (42 U.S.C.1396a) with respect to the + requirement to establish a State medicaid fraud control unit + (as described in section 1903(q) of such Act (42 U.S.C. + 1396b(q))). + (B) Rule of construction.--Nothing in this paragraph shall + be construed as requiring the Secretary of Health and Human + Services to terminate or refuse to extend a waiver described in + subparagraph (A). + (f) Additional Program Integrity Requirements.-- + (1) Definitions.--In this subsection: + (A) Inspector general.--The term ``Inspector General'' + means the Inspector General of the Department of Health and + Human Services. + (B) Puerto rico's medicaid program.--The term ``Puerto + Rico's Medicaid program'' means, collectively, Puerto Rico's + State plan under title XIX of the Social Security Act (42 + U.S.C. 1396 et seq.) and any waiver of such plan. + (2) Report on contracting oversight and approval.--Not later + than 1 year after the date of enactment of this Act, the + Comptroller General of the United States shall issue, and submit to + the Chair and Ranking Member of the Committee on Energy and + Commerce of the House of Representatives and the Chair and Ranking + Member of the Committee on Finance of the Senate, a report on + contracting oversight and approval with respect to Puerto Rico's + State plan under title XIX of the Social Security Act (42 U.S.C. + 1396 et seq.) (or a waiver of such plan). Such report shall-- + (A) examine-- + (i) the process used by Puerto Rico to evaluate bids + and award contracts under such plan (or waiver); + (ii) which contracts are not subject to competitive + bidding or requests for proposals under such plan (or + waiver); and + (iii) oversight by the Centers for Medicare & Medicaid + Services of contracts awarded under such plan (or waiver); + and + (B) include any recommendations for Congress, the Secretary + of Health and Human Services, or Puerto Rico relating to + changes that the Comptroller General determines necessary to + improve the program integrity of such plan (or waiver). + (3) Audits of managed care payments.--Not later than the date + that is 1 year after the date of enactment of this Act, the + Inspector General shall develop and submit to Congress-- + (A) a report identifying payments made under Puerto Rico's + Medicaid program to managed care organizations that the + Inspector General determines to be at high risk for waste, + fraud, or abuse; and + (B) a plan for auditing and investigating such payments. + (4) System for tracking federal funding provided to puerto + rico; medicaid and chip scorecard reporting.--Section 1902 of the + Social Security Act (42 U.S.C. 1396a), as amended by subsection + (e), is further amended by adding at the end the following new + subsection: + ``(rr) Program Integrity Requirements for Puerto Rico.-- + ``(1) System for tracking federal medicaid funding provided to + puerto rico.-- + ``(A) In general.--Puerto Rico shall establish and maintain + a system, which may include the use of a quarterly Form CMS-64, + for tracking any amounts paid by the Federal Government to + Puerto Rico with respect to the State plan of Puerto Rico (or a + waiver of such plan). Under such system, Puerto Rico shall + ensure that information is available, with respect to each + quarter in a fiscal year (beginning with the first quarter + beginning on or after the date that is 1 year after the date of + the enactment of this subsection), on the following: + ``(i) In the case of a quarter other than the first + quarter of such fiscal year-- + + ``(I) the total amount expended by Puerto Rico + during any previous quarter of such fiscal year under + the State plan of Puerto Rico (or a waiver of such + plan); and + ``(II) a description of how such amount was so + expended. + + ``(ii) The total amount that Puerto Rico expects to + expend during the quarter under the State plan of Puerto + Rico (or a waiver of such plan), and a description of how + Puerto Rico expects to expend such amount. + ``(B) Report to cms.--For each quarter with respect to + which Puerto Rico is required under subparagraph (A) to ensure + that information described in such subparagraph is available, + Puerto Rico shall submit to the Administrator of the Centers + for Medicare & Medicaid Services a report on such information + for such quarter, which may include the submission of a + quarterly Form CMS-37. + ``(2) Submission of documentation on contracts upon request.-- + Puerto Rico shall, upon request, submit to the Administrator of the + Centers for Medicare & Medicaid Services all documentation + requested with respect to contracts awarded under the State plan of + Puerto Rico (or a waiver of such plan). + ``(3) Reporting on medicaid and chip scorecard measures.-- + Beginning 12 months after the date of enactment of this subsection, + Puerto Rico shall begin to report to the Administrator of the + Centers for Medicare & Medicaid Services on selected measures + included in the Medicaid and CHIP Scorecard developed by the + Centers for Medicare & Medicaid Services.''. + (5) Appropriation.--Out of any funds in the Treasury not + otherwise appropriated, there is appropriated to the Secretary of + Health and Human Services $5,000,000 for each of fiscal years 2020 + through 2021 to carry out this subsection. + SEC. 203. DELAY OF DSH REDUCTIONS. + Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r- +4(f)(7)(A)) is amended by striking ``December 21, 2019'' each place it +appears and inserting ``May 23, 2020''. + SEC. 204. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS. + (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. +1396r-5 note) is amended by striking ``December 31, 2019'' and +inserting ``May 22, 2020''. + (b) Rule of Construction.--Nothing in section 2404 of Public Law +111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the +Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be +construed as prohibiting a State from-- + (1) applying an income or resource disregard under a + methodology authorized under section 1902(r)(2) of such Act (42 + U.S.C. 1396a(r)(2))-- + (A) to the income or resources of an individual described + in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. + 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income + or resources of such individual's spouse); or + (B) on the basis of an individual's need for home and + community-based services authorized under subsection (c), (d), + (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or + under section 1115 of such Act (42 U.S.C. 1315); or + (2) disregarding an individual's spousal income and assets + under a plan amendment to provide medical assistance for home and + community-based services for individuals by reason of being + determined eligible under section 1902(a)(10)(C) of such Act (42 + U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act + (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of + income based on costs incurred for medical or other remedial care + under which the State disregarded the income and assets of the + individual's spouse in determining the initial and ongoing + financial eligibility of an individual for such services in place + of the spousal impoverishment provisions applied under section 1924 + of such Act (42 U.S.C. 1396r-5). + SEC. 205. EXTENSION OF THE MONEY FOLLOWS THE PERSON REBALANCING + DEMONSTRATION PROGRAM. + Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. +1396a note) is amended-- + (1) in paragraph (1)-- + (A) in subparagraph (E), by striking ``and'' after the + semicolon; + (B) in subparagraph (F), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: + ``(G) subject to paragraph (3), $176,000,000 for the period + beginning on January 1, 2020, and ending on May 22, 2020.''; + and + (2) in paragraph (3)-- + (A) in the paragraph header, by striking ``for fy 2019''; + and + (B) by striking ``paragraph (1)(F)'' and inserting + ``subparagraphs (F) and (G) of paragraph (1)''. + + Subtitle C--Human Services and Other Health Programs + + SEC. 301. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS HEALTH + PROFESSIONS WORKFORCE NEEDS. + Activities authorized by section 2008 of the Social Security Act +shall continue through May 22, 2020, in the manner authorized for +fiscal year 2019, and out of any money in the Treasury of the United +States not otherwise appropriated, there are hereby appropriated such +sums as may be necessary for such purpose. Grants and payments may be +made pursuant to this authority through the date so specified at the +pro rata portion of the total amount authorized for such activities in +fiscal year 2019. + SEC. 302. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES + PROGRAM AND RELATED PROGRAMS. + Activities authorized by part A of title IV and section 1108(b) of +the Social Security Act shall continue through May 22, 2020, in the +manner authorized for fiscal year 2019, and out of any money in the +Treasury of the United States not otherwise appropriated, there are +hereby appropriated such sums as may be necessary for such purpose. + SEC. 303. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PROGRAM. + Section 510 of the Social Security Act (42 U.S.C. 710) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1), in the matter preceding subparagraph + (A), by striking ``December 20, 2019'' and inserting ``May 22, + 2020''; + (B) in paragraph (2)(A), by striking ``December 20, 2019'' + and inserting ``May 22, 2020''; and + (2) in subsection (f)(1), by striking ``$16,643,836 for the + period beginning October 1, 2019, and ending December 20, 2019'' + and inserting ``$48,287,671 for the period beginning October 1, + 2019, and ending May 22, 2020''. + SEC. 304. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM. + Section 513 of the Social Security Act (42 U.S.C. 713) is amended-- + (1) in subsection (a)(1)-- + (A) in subparagraph (A), in the matter preceding clause + (i), by striking ``December 20, 2019'' and inserting ``May 22, + 2020''; + (B) in subparagraph (B)(i), by striking by striking + ``December 20, 2019'' and inserting ``May 22, 2020''; and + (2) in subsection (f), by striking ``$16,643,836 for the period + beginning October 1, 2019, and ending December 20, 2019'' and + inserting ``$48,287,671 for the period beginning October 1, 2019, + and ending May 22, 2020''. + + Subtitle D--Public Health Provisions + + SEC. 401. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL + HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE + GME PROGRAMS. + (a) Community Health Centers.--Section 10503(b)(1)(F) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) +is amended by-- + (1) striking ``$887,671,223'' and inserting ``$2,575,342,466''; + and + (2) striking ``December 20, 2019'' and inserting ``May 22, + 2020''. + (b) National Health Service Corps.--Section 10503(b)(2)(G) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(G)) +is amended-- + (1) by striking ``$68,794,521'' and inserting ``$199,589,041''; + and + (2) by striking ``December 20, 2019'' and inserting ``May 22, + 2020''. + (c) Teaching Health Centers That Operate Graduate Medical Education +Programs.--Section 340H(g)(1) of the Public Health Service Act (42 +U.S.C. 256h(g)(1)) is amended-- + (1) by striking ``$28,072,603'' and inserting ``$81,445,205''; + and + (2) by striking ``December 20, 2019'' and inserting ``May 22, + 2020''. + (d) Application of Provisions.--Amounts appropriated pursuant to +the amendments made by this section for the period beginning on October +1, 2019, and ending on May 22, 2020, shall be subject to the +requirements contained in Public Law 115-245 for funds for programs +authorized under sections 330 through 340 of the Public Health Service +Act (42 U.S.C. 254 through 256). + (e) Conforming Amendment.--Paragraph (4) of section 3014(h) of +title 18, United States Code, as amended by section 1101(e) of division +B of Public Law 116-69, is amended by striking ``section 1101(d) of +division B of the Continuing Appropriations Act, 2020, and Health +Extenders Act of 2019, and section 1101(d) of the Further Continuing +Appropriations Act, 2020, and Further Health Extenders Act of 2019'' +and inserting ``, and section 401(d) of division N of the Further +Consolidated Appropriations Act, 2020''. + SEC. 402. DIABETES PROGRAMS. + (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act +(42 U.S.C. 254c-2(b)(2)(D)) is amended-- + (1) by striking ``$33,287,671'' and inserting ``$96,575,342''; + and + (2) by striking ``December 20, 2019'' and inserting ``May 22, + 2020''. + (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service +Act (42 U.S.C. 254c-3(c)(2)(D)) is amended-- + (1) by striking ``$33,287,671'' and inserting ``$96,575,342''; + and + (2) by striking ``December 20, 2019'' and inserting ``May 22, + 2020''. + SEC. 403. POISON CENTER NETWORK ENHANCEMENT. + (a) National Toll-free Number.--Section 1271 of the Public Health +Service Act (42 U.S.C. 300d-71) is amended-- + (1) in the section heading, by inserting before the period the + following: ``and other communication capabilities''; and + (2) by striking subsection (a) and inserting the following: + ``(a) In General.--The Secretary-- + ``(1) shall provide coordination and assistance to poison + control centers for the establishment and maintenance of a + nationwide toll-free phone number, to be used to access such + centers; and + ``(2) may provide coordination and assistance to poison control + centers and consult with professional organizations for the + establishment, implementation, and maintenance of other + communication technologies to be used to access such centers.''; + (3) by redesignating subsection (b) as subsection (c); + (4) by inserting after subsection (a) the following: + ``(b) Routing Contacts With Poison Control Centers.--Not later than +18 months after the date of enactment of this subsection, the Secretary +shall coordinate with the Chairman of the Federal Communications +Commission, to the extent technically and economically feasible, to +ensure that communications with the national toll-free number are +routed to the appropriate poison control center based on the physical +location of the contact rather than the area code of the contact +device.''; and + (5) in subsection (c), as so redesignated-- + (A) by striking ``2015 through 2019'' and inserting ``2020 + through 2024''; and + (B) by striking ``maintenance of the nationwide toll free + phone number under subsection (a)'' and inserting + ``establishment, implementation, and maintenance activities + carried out under subsections (a) and (b)''. + (b) Nationwide Media Campaign.--Section 1272 of the Public Health +Service Act (42 U.S.C. 300d-72) is amended-- + (1) in the section heading, by striking ``nationwide media + campaign to promote'' and inserting ``promoting''; + (2) in subsection (a)-- + (A) by inserting ``and support outreach to'' after + ``educate''; + (B) by striking ``poison prevention'' and inserting + ``poisoning and toxic exposure prevention''; and + (C) by striking ``established under'' and inserting ``and + other available communication technologies established, + implemented, or maintained under''; + (3) in subsection (b)-- + (A) in the matter preceding paragraph (1), by striking + ``nationwide poison prevention'' and inserting ``nationwide + poisoning and toxic exposure prevention''; and + (B) in paragraph (1), by striking ``poison prevention and + poison control center'' and inserting ``poisoning and toxic + exposure prevention awareness materials, applicable public + health emergency preparedness and response information, and + poison control center'' after ``distribution of''; and + (4) by striking subsection (c); + (5) by redesignating subsection (d) as subsection (c); and + (6) in subsection (c) (as so redesignated), by striking ``2015 + through 2019'' and inserting ``2020 through 2024''. + (c) Maintenance of Program.--Section 1273 of the Public Health +Service Act (42 U.S.C. 300d-73) is amended-- + (1) in subsection (a), by inserting ``and toxic exposures'' + after ``poisonings''; and + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) by striking ``for poison'' and inserting ``for + poisoning and toxic exposure''; and + (ii) by striking ``and preparedness'' and inserting + ``preparedness and response''; + (B) in paragraph (3)-- + (i) by striking ``United States and'' and inserting + ``United States,''; and + (ii) by inserting before the semicolon the following: + ``, and other government agencies as determined to be + appropriate and nonduplicative by the Secretary''; and + (C) in paragraph (8), by striking ``calls'' and inserting + ``contacts''; + (3) in subsection (d) , by striking paragraph (3) and inserting + the following: + ``(3) Limitation.-- + ``(A) In general.--The sum of the number of years for a + waiver under paragraph (1) and a renewal under paragraph (2) + may not exceed 5 years. + ``(B) Public health emergency.--Notwithstanding any + previous waivers, in the case of a poison control center whose + accreditation is affected by a public health emergency declared + pursuant to section 319, the Secretary may, as the + circumstances of the emergency reasonably require, provide a + waiver under paragraph (1) or a renewal under paragraph (2), + not to exceed 2 years. The Secretary may require quarterly + reports and other information related to such a waiver or + renewal under this paragraph.''; + (4) by striking subsection (f) and inserting the following: + ``(f) Maintenance of Effort.--With respect to activities for which +a grant is awarded under this section, the Secretary may require that +poison control centers agree to maintain the expenditures of the center +for such activities at a level that is not less than the level of +expenditures maintained by the center for the fiscal year preceding the +fiscal year for which the grant is received.''; + (5) In subsection (g), by striking ``2015 through 2019'' and + inserting ``2020 through 2024''; and + (6) by adding at the end the following: + ``(h) Biennial Report to Congress.--Not later than 2 years after +the date of enactment of this subsection, and every 2 years thereafter, +the Secretary shall submit to the Committee on Health, Education, +Labor, and Pensions of the Senate and Committee on Energy and Commerce +of the House of Representatives a report concerning the operations of, +and trends identified by, the Poison Control Network. Such report shall +include-- + ``(1) descriptions of the activities carried out pursuant to + sections 1271, 1272, and 1273, and the alignment of such activities + with the purposes provided under subsection (a); + ``(2) a description of trends in volume of contacts to poison + control centers; + ``(3) a description of trends in poisonings and toxic exposures + reported to poison control centers, as applicable and appropriate; + ``(4) an assessment of the impact of the public awareness + campaign, including any geographic variations; + ``(5) a description of barriers, if any, preventing poison + control centers from achieving the purposes and programs under this + section and sections 1271 and 1272; + ``(6) a description of the standards for accreditation + described in subsection (c), including any variations in those + standards, and any efforts to create and maintain consistent + standards across organizations that accredit poison control + centers; and + ``(7) the number of and reason for any waivers provided under + subsection (d).''. + SEC. 404. KAY HAGAN TICK ACT. + (a) Short Title.--This section may be cited as the ``Kay Hagan Tick +Act''. + (b) Combating Vector-borne Diseases.--Title III of the Public +Health Service Act is amended by inserting after section 317T (42 +U.S.C. 247b-22) the following: +``SEC. 317U. NATIONAL STRATEGY AND REGIONAL CENTERS OF EXCELLENCE IN +VECTOR-BORNE DISEASES. + ``(a) In General.--The Secretary shall-- + ``(1)(A) ensure the development and implementation of a + national strategy to address vector-borne diseases, including tick- + borne diseases, that-- + ``(i) identifies and assesses gaps and any unnecessary + duplication in federally-funded programs; and + ``(ii) identifies strategic goals to address such diseases + and appropriate benchmarks to measure progress toward achieving + such goals; and + ``(B) update such strategy, as appropriate; and + ``(2) coordinate programs and activities, including related to + data collection, research, and the development of diagnostics, + treatments, vaccines, and other related activities, to address + vector-borne diseases, including tick-borne diseases, across the + Department of Health and Human Services and with other Federal + agencies or departments, as appropriate. + ``(b) Consultation.--In carrying out subsection (a)(1), the +Secretary shall consult with the Tick-Borne Disease Working Group +established under section 2062 of the 21st Century Cures Act (42 U.S.C. +284s) and other individuals, as appropriate, such as-- + ``(1) epidemiologists with experience in vector-borne diseases; + ``(2) representatives of patient advocacy and research + organizations that focus on vector-borne diseases, including such + organizations that have demonstrated experience in related + research, public health, data collection, or patient access to + care; + ``(3) health information technology experts or other + information management specialists; + ``(4) clinicians, entomologists, vector management + professionals, public health professionals, and others with + expertise in vector-borne diseases; and + ``(5) researchers, including researchers with experience + conducting translational research. + ``(c) Centers of Excellence.--The Secretary, in coordination with +the Director of the Centers for Disease Control and Prevention, shall +award grants, contracts, or cooperative agreements to institutions of +higher education for the establishment or continued support of regional +centers of excellence in vector-borne diseases to address vector-borne +diseases, including tick-borne diseases, by-- + ``(1) facilitating collaboration between academia and public + health organizations for public health surveillance, prevention, + and response activities related to vector-borne diseases, including + tick-borne diseases; + ``(2) providing training for public health entomologists and + other health care professionals, as appropriate, to address vector- + borne diseases, including tick-borne diseases; + ``(3) conducting research to develop and validate prevention + and control tools and methods, including evidence-based and + innovative, evidence-informed tools and methods to anticipate and + respond to disease outbreaks; or + ``(4) preparing for and responding to outbreaks of vector-borne + diseases, including tick-borne diseases. + ``(d) Eligibility.--To be eligible to receive a grant, contract, or +cooperative agreement under subsection (c), an entity shall submit to +the Secretary an application at such time, in such manner, and +containing such information as the Secretary may require, including a +description of how the entity will conduct the activities described in +such subsection. + ``(e) Reports.-- + ``(1) Program summary.--An entity receiving an award under + subsection (c) shall, not later than one year after receiving such + award, and annually thereafter, submit to the Secretary a summary + of programs and activities funded under the award. + ``(2) Progress report.--Not later than 4 years after the date + of enactment of this section, the Secretary shall submit to the + Committee on Health, Education, Labor, and Pensions of the Senate + and the Committee on Energy and Commerce of the House of + Representatives, a report on the progress made in addressing + vector-borne diseases, including tick-borne diseases, through + activities carried out under this section. + ``(f) Authorization of Appropriations.--For the purpose of carrying +out this section, there are authorized to be appropriated $10,000,000 +for each of fiscal years 2021 through 2025.''. + (c) Enhancing Capacity to Address Vector-borne Diseases.--Subtitle +C of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-31 +et seq.) is amended by adding at the end the following: +``SEC. 2822. ENHANCED SUPPORT TO ASSIST HEALTH DEPARTMENTS IN +ADDRESSING VECTOR-BORNE DISEASES. + ``(a) In General.--The Secretary, acting through the Director of +the Centers for Disease Control and Prevention, may enter into +cooperative agreements with health departments of States, political +subdivisions of States, and Indian Tribes and Tribal organizations in +areas at high risk of vector-borne diseases in order to increase +capacity to identify, report, prevent, and respond to such diseases and +related outbreaks. + ``(b) Eligibility.--To be eligible to enter into a cooperative +agreement under this section, an entity described in subsection (a) +shall prepare and submit to the Secretary an application at such time, +in such manner, and containing such information as the Secretary may +require, including a plan that describes-- + ``(1) how the applicant proposes to develop or expand programs + to address vector-borne disease risks, including through-- + ``(A) related training and workforce development; + ``(B) programmatic efforts to improve capacity to identify, + report, prevent, and respond to such disease and related + outbreaks; and + ``(C) other relevant activities identified by the Director + of the Centers for Disease Control and Prevention, as + appropriate; + ``(2) the manner in which the applicant will coordinate with + other Federal, Tribal, and State agencies and programs, as + applicable, related to vector-borne diseases, as well as other + relevant public and private organizations or agencies; and + ``(3) the manner in which the applicant will evaluate the + effectiveness of any program carried out under the cooperative + agreement. + ``(c) Authorization of Appropriations.--For the purposes of +carrying out this section, there are authorized to be appropriated +$20,000,000 for each of fiscal years 2021 through 2025.''. + + Subtitle E--Revenue Provisions + + SEC. 501. REPEAL OF MEDICAL DEVICE EXCISE TAX. + (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is +amended by striking subchapter E. + (b) Conforming Amendments.-- + (1) Subsection (a) of section 4221 of the Internal Revenue Code + of 1986 is amended by striking the last sentence. + (2) Paragraph (2) of section 6416(b) of such Code is amended by + striking the last sentence. + (c) Clerical Amendment.--The table of subchapters for chapter 32 of +the Internal Revenue Code of 1986 is amended by striking the item +relating to subchapter E. + (d) Effective Date.--The amendments made by this section shall +apply to sales after December 31, 2019. + SEC. 502. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS. + (a) In General.--Subtitle A of title IX of the Patient Protection +and Affordable Care Act is amended by striking section 9010. + (b) Effective Date.--The amendment made by this section shall apply +to calendar years beginning after December 31, 2020. + SEC. 503. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED + HEALTH COVERAGE. + (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is +amended by striking section 4980I. + (b) Conforming Amendments.-- + (1) Section 6051 of such Code is amended-- + (A) by striking ``section 4980I(d)(1)'' in subsection + (a)(14) and inserting ``subsection (g)'', and + (B) by adding at the end the following new subsection: + ``(g) Applicable Employer-Sponsored Coverage.--For purposes of +subsection (a)(14)-- + ``(1) In general.--The term `applicable employer-sponsored + coverage' means, with respect to any employee, coverage under any + group health plan made available to the employee by an employer + which is excludable from the employee's gross income under section + 106, or would be so excludable if it were employer-provided + coverage (within the meaning of such section 106). + ``(2) Exceptions.--The term `applicable employer-sponsored + coverage' shall not include-- + ``(A) any coverage (whether through insurance or otherwise) + described in section 9832(c)(1) (other than subparagraph (G) + thereof) or for long-term care, + ``(B) any coverage under a separate policy, certificate, or + contract of insurance which provides benefits substantially all + of which are for treatment of the mouth (including any organ or + structure within the mouth) or for treatment of the eye, or + ``(C) any coverage described in section 9832(c)(3) the + payment for which is not excludable from gross income and for + which a deduction under section 162(l) is not allowable. + ``(3) Coverage includes employee paid portion.--Coverage shall + be treated as applicable employer-sponsored coverage without regard + to whether the employer or employee pays for the coverage. + ``(4) Governmental plans included.--Applicable employer- + sponsored coverage shall include coverage under any group health + plan established and maintained primarily for its civilian + employees by the Government of the United States, by the government + of any State or political subdivision thereof, or by any agency or + instrumentality of any such government.''. + (2) Section 9831(d)(1) of such Code is amended by striking + ``except as provided in section 4980I(f)(4)''. + (3) The table of sections for chapter 43 of such Code is + amended by striking the item relating to section 4980I. + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2019. + + Subtitle F--Miscellaneous Provisions + + SEC. 602. ADDRESSING EXPIRATION OF CHILD WELFARE DEMONSTRATION + PROJECTS AND SUPPORTING FAMILY FIRST IMPLEMENTATION. + (a) Short Title.--This section may be cited as the ``Family First +Transition Act''. + (b) Evidence Standard Transition.-- + (1) Temporary suspension of requirement that at least 50 + percent of a state's reimbursement for prevention and family + services and programs be for programs and services that meet the + well-supported practice requirement.--With respect to quarters in + fiscal years 2020 and 2021, section 474(a)(6)(A) of the Social + Security Act (42 U.S.C. 674(a)(6)(A)) shall be applied without + regard to clause (ii) of such section. + (2) Supported practices temporarily treated as well-supported + practices.--With respect to quarters in fiscal years 2022 and 2023, + practices that meet the criteria specified for supported practices + in section 471(e)(4)(C) of the Social Security Act (42 U.S.C. + 671(e)(4)(C)) shall be considered well-supported practices for + purposes of section 474(a)(6)(A)(ii) of such Act (42 U.S.C. + 674(a)(6)(A)(ii)). + (c) Enhanced Funding for Transition Activities.-- + (1) Transition funding.-- + (A) Appropriation.--Out of any money in the Treasury of the + United States not otherwise appropriated, there are + appropriated to the Secretary of Health and Human Services (in + this section referred to as the ``Secretary'') to carry out + this subsection $500,000,000 for fiscal year 2020, which shall + remain available through fiscal year 2021. + (B) Distribution of funds.-- + (i) In general.--The Secretary shall allot the amount + appropriated by subparagraph (A) of this paragraph in + accordance with section 423 of the Social Security Act (42 + U.S.C. 623), and shall pay each State to which an allotment + is so made, the total amount so allotted, subject to clause + (ii) of this subparagraph. + (ii) Reservation of funds for indian tribes and tribal + organizations.--Before applying clause (i) of this + subparagraph, the Secretary shall reserve 3 percent of the + amount appropriated by subparagraph (A) of this paragraph + for allotment to the Indian tribes and tribal organizations + with a plan approved under subpart 1 of part B of title IV + of the Social Security Act, based on each tribe or tribal + organization's share of the total tribal child population + among all such tribes and tribal organizations. + (2) Funding certainty for states with expiring demonstration + projects.-- + (A) In general.--Out of any money in the Treasury of the + United States not otherwise appropriated, there are + appropriated to the Secretary, for payment to each State that + was operating a demonstration project approved under section + 1130 of the Social Security Act on September 30, 2019, for each + fiscal year specified in subparagraph (B) of this paragraph, an + amount equal to the amount (if any) by which-- + (i)(I) the applicable percentage for the fiscal year so + specified of the maximum capped allocation due to the State + or sub-State jurisdiction for fiscal year 2019 for foster + care maintenance, administration, or training costs, under + the demonstration project, as specified in section 4.3 of + the State waiver terms and conditions document capped + allocation payment table in effect on August 31, 2019; or + (II) if the terms and conditions do not specify a + maximum amount payable for fiscal year 2019 for the State + or sub-State jurisdiction (due to the use of a comparison + jurisdiction to ensure cost neutrality), the final cost + neutrality limit for the State or sub-State jurisdiction + for fiscal year 2018, as most recently reported by the + State or sub-State jurisdiction as of September 30, 2019, + for foster care maintenance, administration, or training + costs under the demonstration project that were included in + the waiver; exceeds + (ii) the total amount payable to the State or sub-State + jurisdiction under part E of title IV of such Act for the + fiscal year so specified for foster care expenditures + (whether payable under paragraph (1) or (3) of section + 474(a) of such Act) that were maintenance, administration, + or training costs of the demonstration project taken into + account by the Secretary in determining the total amount + referred to in clause (i) of this subparagraph. + (B) Applicable percentage defined.--In this subparagraph, + the term ``applicable percentage'' means-- + (i) 90 percent, in the case of fiscal year 2020; or + (ii) 75 percent, in the case of fiscal year 2021. + (C) Special rule.--The calculation under subparagraph (A) + with respect to a State shall be made without regard to-- + (i) any change approved after August 31, 2019, in the + capped allocation or the terms and conditions referred to + in clause (i) of subparagraph (A) with respect to the + State; or + (ii) any change made after such date to the financial + form submitted by the State that is used in determining the + capped allocation. + (D) Distribution of funds.--Each State that receives funds + under this paragraph shall distribute the funds to + jurisdictions in the State that were operating demonstration + projects under section 1130 of the Social Security Act in a + manner consistent with each sub-State jurisdiction's + proportionate loss as compared with fiscal year 2019. + (E) Reconciliation process.--Each State seeking a payment + under this paragraph shall report expenditures pursuant to part + E of title IV of the Social Security Act (42 U.S.C. 670 et + seq.) in a manner determined by the Secretary and the Secretary + shall account for any revisions to spending for fiscal years + 2020 and 2021 after the end of the respective fiscal year that + are reported by the State agency administering the State plan + approved under such part, and received by the Department of + Health and Human Services, within 2 years after the last day of + the fiscal quarter in which the expenditure was made. + (F) Availability of funds.--The amounts made available for + payments to States under this paragraph for a fiscal year shall + remain available through the end of the third succeeding fiscal + year. + (3) Use of funds.-- + (A) In general.--In addition to the purposes specified in + part B of title IV of the Social Security Act (42 U.S.C. 671 et + seq.), a State may use funds provided under this subsection for + activities previously funded under a demonstration project + under section 1130 of such Act (42 U.S.C. 1320a-9) to reduce + any adverse fiscal impacts as jurisdictions transition funding + sources for the projects, and for activities directly + associated with the implementation of title VII of division E + of Public Law 115-123 (also known as the Family First + Prevention Services Act). + (B) Limitation.--None of the funds provided under this + subsection may be used to match Federal funds under any + program. + (d) Reporting on Enhanced Funding for Transition Activities.-- + (1) In general.--Each State to which funds are paid under + subsection (c) of this section shall submit to the Secretary, in a + manner specified by the Secretary, a written report on-- + (A) how the grant is used to implement each part of title + VII of division E of Public Law 115-123 (also known as the + Family First Prevention Services Act), with a separate + statement with respect to each such part; + (B) all programs, services, and operational costs to which + the grant is put; + (C) the characteristics of the families and children served + by use of the grant; and + (D)(i) the use by the State of amounts provided for each + fiscal year to continue activities previously funded under a + waiver provided under section 1130 of the Social Security Act + (42 U.S.C. 1320a-9); and + (ii)(I) the plan of the State to transition the activities + so that needed activities can be provided under the State plan + approved under part E of title IV of the Social Security Act + (42 U.S.C. 670 et seq.); or + (II) if expenditures for the activities would not be + eligible for payment under the State plan approved under such + part E-- + (aa) the reason therefor; and + (bb) the funding sources the State plans to use to + cover the costs of needed activities. + (2) Applicability of other laws.--For purposes of subpart 2 of + part B of title IV of the Social Security Act (42 U.S.C. 629 et + seq.), each report required by paragraph (1) of this subsection + shall be considered to be required by section 432(a)(8) of such Act + (42 U.S.C. 629b(a)(8)), and shall contain such additional + information as the Secretary may require. + (e) Definition of State.--In this section, the term ``State'' has +the meaning given the term in section 431(a)(4) of the Social Security +Act (42 U.S.C. 629a(a)(4)). + (f) Renaming of Title IV-B-2 of the Social Security Act.--The +subpart heading for subpart 2 of part B of title IV of the Social +Security Act is amended by striking ``Promoting Safe and Stable +Families'' and inserting ``MaryLee Allen Promoting Safe and Stable +Families Program''. + (g) Effective Date.--This section and the amendments made by this +section shall take effect as if included in the Bipartisan Budget Act +of 2018 on the date of the enactment of such Act. + (h) Technical Correction.--Section 50701 of the Bipartisan Budget +Act of 2018 (42 U.S.C. 1305 note; Public Law 115-123) is amended by +striking ``Bipartisan Budget Act of 2018'' and inserting ``Family First +Prevention Services Act''. + SEC. 603. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS. + (a) In General.--Section 906(d) of the Federal Food, Drug, and +Cosmetic Act (21 U.S.C. 387f(d)) is amended-- + (1) in paragraph (3)(A)(ii), by striking ``18 years'' and + inserting ``21 years''; and + (2) by adding at the end the following: + ``(5) Minimum age of sale.--It shall be unlawful for any + retailer to sell a tobacco product to any person younger than 21 + years of age.''. + (b) Regulations.-- + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Secretary of Health and Human Services + (referred to in this section as the ``Secretary'') shall publish in + the Federal Register a final rule to update the regulations issued + under chapter IX of the Federal Food, Drug, and Cosmetic Act (21 + U.S.C. 387 et seq.) as appropriate, only to carry out the + amendments made by subsection (a), including to update all + references to persons younger than 18 years of age in subpart B of + part 1140 of title 21, Code of Federal Regulations, and to update + the relevant age verification requirements under such part 1140 to + require age verification for individuals under the age of 30. Such + final rule shall-- + (A) take full effect not later than 90 days after the date + on which such final rule is published; and + (B) be deemed to be in compliance with all applicable + provisions of chapter 5 of title 5, United States Code and all + other provisions of law relating to rulemaking procedures. + (2) Other regulations.--Prior to making amendments to part 1140 + of title 21, Code of Federal Regulations other than the amendments + described in paragraph (1), the Secretary shall promulgate a + proposed rule in accordance with chapter 5 of title 5, United + States Code. + (c) Notification.--Not later than 90 days after the date of +enactment of this Act, the Secretary shall provide written notification +to the Committee on Health, Education, Labor, and Pensions of the +Senate and the Committee on Energy and Commerce of the House of +Representatives regarding the progress of the Department of Health and +Human Services towards promulgating the final rule under subsection +(b). If, 180 days after the date of enactment of this Act, such rule +has not been promulgated in accordance with subsection (b), the +Secretary shall provide a written notification and a justification for +the delay in rulemaking to such committees. + (d) Penalties for Violations.-- + (1) In general.--Section 103(q)(2) of the Family Smoking + Prevention and Tobacco Control Act (Public Law 111-31) is amended-- + (A) in subparagraph (A), in the matter preceding clause + (i), by inserting ``section 906(d)(5) or of'' after + ``violations of''; and + (B) in subparagraph (C), by inserting ``section 906(d)(5) + or of'' after ``a retailer of''. + (2) Repeated violations.--Section 303(f)(8) of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) is amended by + inserting ``section 906(d)(5) or of'' after ``repeated violations + of''. + (3) Misbranded products.--Section 903(a)(7)(B) of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 387c) is amended by + inserting ``section 906(d)(5) or of'' after ``violation of''. + SEC. 604. SALE OF TOBACCO PRODUCTS TO INDIVIDUALS UNDER THE AGE OF + 21. + (a) In General.--Section 1926 of the Public Health Service Act (42 +U.S.C. 300x-26) is amended-- + (1) in the heading-- + (A) by striking ``state law regarding''; and + (B) by striking ``18'' and inserting ``21''; + (2) by striking subsections (a) and (d); + (3) by redesignating subsections (b) and (c) as subsections (a) + and (b), respectively; + (4) by amending subsection (a), as so redesignated, to read as + follows: + ``(a) In General.--A funding agreement for a grant under section +1921 is that the State involved will-- + ``(1) annually conduct random, unannounced inspections to + ensure that retailers do not sell tobacco products to individuals + under the age of 21; and + ``(2) annually submit to the Secretary a report describing-- + ``(A) the activities carried out by the State to ensure + that retailers do not sell tobacco products to individuals + under the age of 21; + ``(B) the extent of success the State has achieved in + ensuring that retailers do not sell tobacco products to + individuals under the age of 21; and + ``(C) the strategies to be utilized by the State to ensure + that retailers do not sell tobacco products to individuals + under the age of 21 during the fiscal year for which the grant + is sought.''; + (5) in subsection (b), as so redesignated-- + (A) by striking paragraphs (1), (2), (3), and (4); + (B) by striking ``Before making'' and inserting the + following: + ``(1) In general.--Before making''; + (C) by striking ``for the first applicable fiscal year or + any subsequent fiscal year''; + (D) by striking ``subsections (a) and (b)'' and inserting + ``subsection (a)''; + (E) by striking ``equal to--'' and inserting ``up to 10 + percent of the amount determined under section 1933 for the + State for the applicable fiscal year.''; and + (F) by adding at the end the following: + ``(2) Limitation.-- + ``(A) In general.--A State shall not have funds withheld + pursuant to paragraph (1) if such State for which the Secretary + has made a determination of noncompliance under such + paragraph-- + ``(i) certifies to the Secretary by May 1 of the fiscal + year for which the funds are appropriated, consistent with + subparagraph (B), that the State will commit additional + State funds, in accordance with paragraph (1), to ensure + that retailers do not sell tobacco products to individuals + under 21 years of age; + ``(ii) agrees to comply with a negotiated agreement for + a corrective action plan that is approved by the Secretary + and carried out in accordance with guidelines issued by the + Secretary; or + ``(iii) is a territory that receives less than + $1,000,000 for a fiscal year under section 1921. + ``(B) Certification.-- + ``(i) In general.--The amount of funds to be committed + by a State pursuant to subparagraph (A)(i) shall be equal + to 1 percent of such State's substance abuse allocation + determined under section 1933 for each percentage point by + which the State misses the retailer compliance rate goal + established by the Secretary. + ``(ii) State expenditures.--For a fiscal year in which + a State commits funds as described in clause (i), such + State shall maintain State expenditures for tobacco + prevention programs and for compliance activities at a + level that is not less than the level of such expenditures + maintained by the State for the preceding fiscal year, plus + the additional funds for tobacco compliance activities + required under clause (i). The State shall submit a report + to the Secretary on all State obligations of funds for such + fiscal year and all State expenditures for the preceding + fiscal year for tobacco prevention and compliance + activities by program activity by July 31 of such fiscal + year. + ``(iii) Discretion.--The Secretary shall exercise + discretion in enforcing the timing of the State obligation + of the additional funds required by the certification + described in subparagraph (A)(i) as late as July 31 of such + fiscal year. + ``(C) Failure to certify.--If a State described in + subparagraph (A) fails to certify to the Secretary pursuant to + subparagraph (A)(i) or enter into, or comply with, a negotiated + agreement under subparagraph (A)(ii), the Secretary may take + action pursuant to paragraph (1).''; and + (6) by adding at the end the following: + ``(c) Implementation of Reporting Requirements.-- + ``(1) Transition period.--The Secretary shall-- + ``(A) not withhold amounts under subsection (b) for the 3- + year period immediately following the date of enactment of + division N of the Further Consolidated Appropriations Act, + 2020; and + ``(B) use discretion in exercising its authority under + subsection (b) during the 2-year period immediately following + the 3-year period described in subparagraph (A), to allow for a + transition period for implementation of the reporting + requirements under subsection (a)(2). + ``(2) Regulations or guidance.--Not later than 180 days after + the date of enactment of division N of the Further Consolidated + Appropriations Act, 2020, the Secretary shall update regulations + under part 96 of title 45, Code of Federal Regulations or guidance + on the retailer compliance rate goal under subsection (b), the use + of funds provided under section 1921 for purposes of meeting the + requirements of this section, and reporting requirements under + subsection (a)(2). + ``(3) Coordination.--The Secretary shall ensure the Assistant + Secretary for Mental Health and Substance Use coordinates, as + appropriate, with the Commissioner of Food and Drugs to ensure that + the technical assistance provided to States under subsection (e) is + consistent with applicable regulations for retailers issued under + part 1140 of title 21, Code of Federal Regulations. + ``(d) Transitional Grants.-- + ``(1) In general.--The Secretary shall award grants under this + subsection to each State that receives funding under section 1921 + to ensure compliance of each such State with this section. + ``(2) Use of funds.--A State receiving a grant under this + subsection-- + ``(A) shall use amounts received under such grant for + activities to plan for or ensure compliance in the State with + subsection (a); and + ``(B) in the case of a State for which the Secretary has + made a determination under subsection (b) that the State is + prepared to meet, or has met, the requirements of subsection + (a), may use such funds for tobacco cessation activities, + strategies to prevent the use of tobacco products by + individuals under the age of 21, or allowable uses under + section 1921. + ``(3) Supplement not supplant.--Grants under this subsection + shall be used to supplement and not supplant other Federal, State, + and local public funds provided for activities under paragraph (2). + ``(4) Authorization of appropriations.--To carry out this + subsection, there are authorized to be appropriated $18,580,790 for + each of fiscal years 2020 through 2024. + ``(5) Sunset.--This subsection shall have no force or effect + after September 30, 2024. + ``(e) Technical Assistance.--The Secretary shall provide technical +assistance to States related to the activities required under this +section.''. + (b) Report to Congress.--Not later than 3 years after the date of +enactment of this Act, the Secretary shall submit to the Committee on +Health, Education, Labor, and Pensions of the Senate and the Committee +on Energy and Commerce of the House of Representatives a report on the +status of implementing the requirements of section 1926 of the Public +Health Service Act (42 U.S.C. 300x-26), as amended by subsection (a), +and a description of any technical assistance provided under subsection +(e) of such section, including the number of meetings requested and +held related to technical assistance. + (c) Conforming Amendment.--Section 212 of division D of the +Consolidated Appropriations Act, 2010 (Public Law 111-117) is repealed. + SEC. 605. BIOLOGICAL PRODUCT DEFINITION. + Section 351(i)(1) of the Public Health Service Act (42 U.S.C. +262(i)(1)) is amended by striking ``(except any chemically synthesized +polypeptide)''. + SEC. 606. PROTECTING ACCESS TO BIOLOGICAL PRODUCTS. + Section 351(k)(7) of the Public Health Service Act (42 U.S.C. +262(k)(7)) is amended by adding at the end the following: + ``(D) Deemed licenses.-- + ``(i) No additional exclusivity through deeming.--An + approved application that is deemed to be a license for a + biological product under this section pursuant to section + 7002(e)(4) of the Biologics Price Competition and + Innovation Act of 2009 shall not be treated as having been + first licensed under subsection (a) for purposes of + subparagraphs (A) and (B). + ``(ii) Application of limitations on exclusivity.-- + Subparagraph (C) shall apply with respect to a reference + product referred to in such subparagraph that was the + subject of an approved application that was deemed to be a + license pursuant to section 7002(e)(4) of the Biologics + Price Competition and Innovation Act of 2009. + ``(iii) Applicability.--The exclusivity periods + described in section 527, section 505A(b)(1)(A)(ii), and + section 505A(c)(1)(A)(ii) of the Federal Food, Drug, and + Cosmetic Act shall continue to apply to a biological + product after an approved application for the biological + product is deemed to be a license for the biological + product under subsection (a) pursuant to section 7002(e)(4) + of the Biologics Price Competition and Innovation Act of + 2009.''. + SEC. 607. STREAMLINING THE TRANSITION OF BIOLOGICAL PRODUCTS. + Section 7002(e)(4) of the Biologics Price Competition and +Innovation Act of 2009 (Public Law 111-148) is amended-- + (1) by striking ``An approved application'' and inserting the + following: + ``(A) In general.--An approved application''; and + (2) by adding at the end the following: + ``(B) Treatment of certain applications.-- + ``(i) In general.--With respect to an application for a + biological product submitted under subsection (b) or (j) of + section 505 of the Federal Food, Drug, and Cosmetic Act (21 + U.S.C. 355) that is filed not later than March 23, 2019, + and is not approved as of March 23, 2020, the Secretary + shall continue to review such application under such + section 505 after March 23, 2020. + ``(ii) Effect on listed drugs.--Only for purposes of + carrying out clause (i), with respect to any applicable + listed drug with respect to such application, the following + shall apply: + + ``(I) Any drug that is a biological product that + has been deemed licensed under section 351 of the + Public Health Service Act (42 U.S.C. 262) pursuant to + subparagraph (A) and that is referenced in an + application described in clause (i), shall continue to + be identified as a listed drug on the list published + pursuant to section 505(j)(7) of the Federal Food, + Drug, and Cosmetic Act, and the information for such + drug on such list shall not be revised after March 20, + 2020, until-- + + ``(aa) such drug is removed from such list in + accordance with subclause (III) or subparagraph (C) + of such section 505(j)(7); or + ``(bb) this subparagraph no longer has force or + effect. + + ``(II) Any drug that is a biological product that + has been deemed licensed under section 351 of the + Public Health Service Act (42 U.S.C. 262) pursuant to + subparagraph (A) and that is referenced in an + application described in clause (i) shall be subject + only to requirements applicable to biological products + licensed under such section. + ``(III) Upon approval under subsection (c) or (j) + of section 505 of the Federal Food, Drug, and Cosmetic + Act of an application described in clause (i), the + Secretary shall remove from the list published pursuant + to section 505(j)(7) of the Federal Food, Drug, and + Cosmetic Act any listed drug that is a biological + product that has been deemed licensed under section 351 + of the Public Health Service Act pursuant to + subparagraph (A) and that is referenced in such + approved application, unless such listed drug is + referenced in one or more additional applications + described in clause (i). -SECTION 1. SHORT TITLE. + ``(iii) Deemed licensure.--Upon approval of an + application described in clause (i), such approved + application shall be deemed to be a license for the + biological product under section 351 of the Public Health + Service Act. + ``(iv) Rule of construction.-- - This Act may be cited as the ``National Law Enforcement Museum -Commemorative Coin Act''. + ``(I) Application of certain provisions.-- -SEC. 2. FINDINGS. + ``(aa) Patent certification or statement.--An + application described in clause (i) shall contain a + patent certification or statement described in, as + applicable, section 505(b)(2) of the Federal Food, + Drug, and Cosmetic Act or clauses (vii) and (viii) + of section 505(j)(2)(A) of such Act and, with + respect to any listed drug referenced in such + application, comply with related requirements + concerning any timely filed patent information + listed pursuant to section 505(j)(7) of such Act. + ``(bb) Date of approval.--The earliest possible + date on which any pending application described in + clause (i) may be approved shall be determined + based on-- + ``(AA) the last expiration date of any + applicable period of exclusivity that would + prevent such approval and that is described in + section 505(c)(3)(E), 505(j)(5)(B)(iv), + 505(j)(5)(F), 505A, 505E, or 527 of the Federal + Food, Drug, and Cosmetic Act; and + ``(BB) if the application was submitted + pursuant to section 505(b)(2) of the Federal + Food, Drug, and Cosmetic Act and references any + listed drug, the last applicable date + determined under subparagraph (A), (B), or (C) + of section 505(c)(3) of such Act, or, if the + application was submitted under section 505(j) + of such Act, the last applicable date + determined under clause (i), (ii), or (iii) of + section 505(j)(5)(B) of such Act. - The Congress finds the following: - (1) In 2000, Congress passed and President William J. - Clinton signed into law the National Law Enforcement Museum Act - (Public Law 106-492), which authorized the National Law - Enforcement Officers Memorial Fund, Inc., to build the National - Law Enforcement Museum on Federal land in the District of - Columbia to honor and commemorate the service and sacrifice of - law enforcement officers in the United States. - (2) In April 2016, construction began on the National Law - Enforcement Museum in the District of Columbia across the - street from the National Law Enforcement Officers Memorial in - Judiciary Square. - (3) The National Law Enforcement Museum formally opened in - October of 2018. - (4) The National Law Enforcement Museum's mission is-- - (A) to honor and commemorate the extraordinary - service and sacrifice of America's law enforcement - officers; - (B) to serve as an important bridge between law - enforcement's past and present, between the heroes of - yesteryear and those who have followed in their - footsteps, and between America's peace officers and the - public they serve; - (C) increase public understanding and support for - law enforcement and to promote law enforcement safety; - and - (D) strengthen the relationship between law - enforcement and the communities they serve with - thought-provoking programs at the Museum and around the - country that promote dialogue on topics of current - interest. + ``(II) Exclusivity.--Nothing in this subparagraph + shall be construed to affect section 351(k)(7)(D) of + the Public Health Service Act. -SEC. 3. COIN SPECIFICATIONS. + ``(v) Listing.--The Secretary may continue to review an + application after March 23, 2020, pursuant to clause (i), + and continue to identify any applicable listed drug + pursuant to clause (ii) on the list published pursuant to + section 505(j)(7) of the Federal Food, Drug, and Cosmetic + Act, even if such review or listing may reveal the + existence of such application and the identity of any + listed drug for which the investigations described in + section 505(b)(1)(A) of the Federal Food, Drug, and + Cosmetic Act are relied upon by the applicant for approval + of the pending application. Nothing in this subparagraph + shall be construed as authorizing the Secretary to disclose + any other information that is a trade secret or + confidential information described in section 552(b)(4) of + title 5, United States Code. + ``(vi) Sunset.--Beginning on October 1, 2022, this + subparagraph shall have no force or effect and any + applications described in clause (i) that have not been + approved shall be deemed withdrawn.''. + SEC. 608. REENROLLMENT OF CERTAIN INDIVIDUALS IN QUALIFIED HEALTH + PLANS IN CERTAIN EXCHANGES. + Section 1311(c) of the Patient Protection and Affordable Care Act +(42 U.S.C. 18031(c)) is amended by adding the end the following new +paragraph: + ``(7) Reenrollment of certain individuals in qualified health + plans in certain exchanges.-- + ``(A) In general.--In the case of an Exchange that the + Secretary operates pursuant to section 1321(c)(1), the + Secretary shall establish a process under which an individual + described in subparagraph (B) is reenrolled for plan year 2021 + in a qualified health plan offered through such Exchange. Such + qualified health plan under which such individual is so + reenrolled shall be-- + ``(i) if available for plan year 2021, the qualified + health plan under which such individual is enrolled during + the annual open enrollment period for such plan year; and + ``(ii) if such qualified health plan is not available + for plan year 2021, a qualified health plan offered through + such Exchange determined appropriate by the Secretary. + ``(B) Individual described.--An individual described in + this subsection is an individual who, with respect to plan year + 2020-- + ``(i) resides in a State with an Exchange described in + subparagraph (A); + ``(ii) is enrolled in a qualified health plan during + such plan year and does not enroll in a qualified health + plan for plan year 2021 during the annual open enrollment + period for such plan year 2021; and + ``(iii) does not elect to disenroll under a qualified + health plan for plan year 2021 during such annual open + enrollment period.''. + SEC. 609. PROTECTION OF SILVER LOADING PRACTICE. + With respect to plan year 2021, the Secretary of Health and Human +Services may not take any action to prohibit or otherwise restrict the +practice commonly known as ``silver loading'' (as described in the rule +entitled ``Patient Protection and Affordable Care Act; HHS Notice of +Benefit and Payment Parameters for 2020'' published on April 25, 2019 +(84 Fed. Reg. 17533)). + SEC. 610. ACTIONS FOR DELAYS OF GENERIC DRUGS AND BIOSIMILAR + BIOLOGICAL PRODUCTS. + (a) Definitions.--In this section-- + (1) the term ``commercially reasonable, market-based terms'' + means-- + (A) a nondiscriminatory price for the sale of the covered + product at or below, but not greater than, the most recent + wholesale acquisition cost for the drug, as defined in section + 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w- + 3a(c)(6)(B)); + (B) a schedule for delivery that results in the transfer of + the covered product to the eligible product developer + consistent with the timing under subsection (b)(2)(A)(iv); and + (C) no additional conditions are imposed on the sale of the + covered product; + (2) the term ``covered product''-- + (A) means-- + (i) any drug approved under subsection (c) or (j) of + section 505 of the Federal Food, Drug, and Cosmetic Act (21 + U.S.C. 355) or biological product licensed under subsection + (a) or (k) of section 351 of the Public Health Service Act + (42 U.S.C. 262); + (ii) any combination of a drug or biological product + described in clause (i); or + (iii) when reasonably necessary to support approval of + an application under section 505 of the Federal Food, Drug, + and Cosmetic Act (21 U.S.C. 355), or section 351 of the + Public Health Service Act (42 U.S.C. 262), as applicable, + or otherwise meet the requirements for approval under + either such section, any product, including any device, + that is marketed or intended for use with such a drug or + biological product; and + (B) does not include any drug or biological product that + appears on the drug shortage list in effect under section 506E + of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e), + unless-- + (i) the drug or biological product has been on the drug + shortage list in effect under such section 506E + continuously for more than 6 months; or + (ii) the Secretary determines that inclusion of the + drug or biological product as a covered product is likely + to contribute to alleviating or preventing a shortage. + (3) the term ``device'' has the meaning given the term in + section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. + 321); + (4) the term ``eligible product developer'' means a person that + seeks to develop a product for approval pursuant to an application + for approval under subsection (b)(2) or (j) of section 505 of the + Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or for + licensing pursuant to an application under section 351(k) of the + Public Health Service Act (42 U.S.C. 262(k)); + (5) the term ``license holder'' means the holder of an + application approved under subsection (c) or (j) of section 505 of + the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or the + holder of a license under subsection (a) or (k) of section 351 of + the Public Health Service Act (42 U.S.C. 262) for a covered + product; + (6) the term ``REMS'' means a risk evaluation and mitigation + strategy under section 505-1 of the Federal Food, Drug, and + Cosmetic Act (21 U.S.C. 355-1); + (7) the term ``REMS with ETASU'' means a REMS that contains + elements to assure safe use under section 505-1(f) of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 355-1(f)); + (8) the term ``Secretary'' means the Secretary of Health and + Human Services; + (9) the term ``single, shared system of elements to assure safe + use'' means a single, shared system of elements to assure safe use + under section 505-1(f) of the Federal Food, Drug, and Cosmetic Act + (21 U.S.C. 355-1(f)); and + (10) the term ``sufficient quantities'' means an amount of a + covered product that the eligible product developer determines + allows it to-- + (A) conduct testing to support an application under-- + (i) subsection (b)(2) or (j) of section 505 of the + Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); or + (ii) section 351(k) of the Public Health Service Act + (42 U.S.C. 262(k)); and + (B) fulfill any regulatory requirements relating to + approval of such an application. + (b) Civil Action for Failure To Provide Sufficient Quantities of a +Covered Product.-- + (1) In general.--An eligible product developer may bring a + civil action against the license holder for a covered product + seeking relief under this subsection in an appropriate district + court of the United States alleging that the license holder has + declined to provide sufficient quantities of the covered product to + the eligible product developer on commercially reasonable, market- + based terms. + (2) Elements.-- + (A) In general.--To prevail in a civil action brought under + paragraph (1), an eligible product developer shall prove, by a + preponderance of the evidence-- + (i) that-- - (a) Denominations.--The Secretary of the Treasury (hereafter in -this Act referred to as the ``Secretary'') shall mint and issue the -following coin: - (1) $5 gold coins.--Not more than 50,000 $5 coins, which - shall-- - (A) weigh 8.359 grams; - (B) have a diameter of 0.850 inches; and - (C) contain not less than 90 percent gold. - (2) $1 silver coins.--Not more than 400,000 $1 coins, which + (I) the covered product is not subject to a REMS + with ETASU; or + (II) if the covered product is subject to a REMS + with ETASU-- + + (aa) the eligible product developer has + obtained a covered product authorization from the + Secretary in accordance with subparagraph (B); and + (bb) the eligible product developer has + provided a copy of the covered product + authorization to the license holder; + (ii) that, as of the date on which the civil action is + filed, the eligible product developer has not obtained + sufficient quantities of the covered product on + commercially reasonable, market-based terms; + (iii) that the eligible product developer has submitted + a written request to purchase sufficient quantities of the + covered product to the license holder, and such request-- + + (I) was sent to a named corporate officer of the + license holder; + (II) was made by certified or registered mail with + return receipt requested; + (III) specified an individual as the point of + contact for the license holder to direct communications + related to the sale of the covered product to the + eligible product developer and a means for electronic + and written communications with that individual; and + (IV) specified an address to which the covered + product was to be shipped upon reaching an agreement to + transfer the covered product; and + + (iv) that the license holder has not delivered to the + eligible product developer sufficient quantities of the + covered product on commercially reasonable, market-based + terms-- + + (I) for a covered product that is not subject to a + REMS with ETASU, by the date that is 31 days after the + date on which the license holder received the request + for the covered product; and + (II) for a covered product that is subject to a + REMS with ETASU, by 31 days after the later of-- + + (aa) the date on which the license holder + received the request for the covered product; or + (bb) the date on which the license holder + received a copy of the covered product + authorization issued by the Secretary in accordance + with subparagraph (B). + (B) Authorization for covered product subject to a rems + with etasu.-- + (i) Request.--An eligible product developer may submit + to the Secretary a written request for the eligible product + developer to be authorized to obtain sufficient quantities + of an individual covered product subject to a REMS with + ETASU. + (ii) Authorization.--Not later than 120 days after the + date on which a request under clause (i) is received, the + Secretary shall, by written notice, authorize the eligible + product developer to obtain sufficient quantities of an + individual covered product subject to a REMS with ETASU for + purposes of-- + + (I) development and testing that does not involve + human clinical trials, if the eligible product + developer has agreed to comply with any conditions the + Secretary determines necessary; or + (II) development and testing that involves human + clinical trials, if the eligible product developer + has-- + + (aa)(AA) submitted protocols, informed consent + documents, and informational materials for testing + that include protections that provide safety + protections comparable to those provided by the + REMS for the covered product; or + (BB) otherwise satisfied the Secretary that + such protections will be provided; and + (bb) met any other requirements the Secretary + may establish. + (iii) Notice.--A covered product authorization issued + under this subparagraph shall state that the provision of + the covered product by the license holder under the terms + of the authorization will not be a violation of the REMS + for the covered product. + (3) Affirmative defense.--In a civil action brought under + paragraph (1), it shall be an affirmative defense, on which the + defendant has the burden of persuasion by a preponderance of the + evidence-- + (A) that, on the date on which the eligible product + developer requested to purchase sufficient quantities of the + covered product from the license holder-- + (i) neither the license holder nor any of its agents, + wholesalers, or distributors was engaged in the + manufacturing or commercial marketing of the covered + product; and + (ii) neither the license holder nor any of its agents, + wholesalers, or distributors otherwise had access to + inventory of the covered product to supply to the eligible + product developer on commercially reasonable, market-based + terms; + (B) that-- + (i) the license holder sells the covered product + through agents, distributors, or wholesalers; + (ii) the license holder has placed no restrictions, + explicit or implicit, on its agents, distributors, or + wholesalers to sell covered products to eligible product + developers; and + (iii) the covered product can be purchased by the + eligible product developer in sufficient quantities on + commercially reasonable, market-based terms from the + agents, distributors, or wholesalers of the license holder; + or + (C) that the license holder made an offer to the individual + specified pursuant to paragraph (2)(A)(iii)(III), by a means of + communication (electronic, written, or both) specified pursuant + to such paragraph, to sell sufficient quantities of the covered + product to the eligible product developer at commercially + reasonable market-based terms-- + (i) for a covered product that is not subject to a REMS + with ETASU, by the date that is 14 days after the date on + which the license holder received the request for the + covered product, and the eligible product developer did not + accept such offer by the date that is 7 days after the date + on which the eligible product developer received such offer + from the license holder; or + (ii) for a covered product that is subject to a REMS + with ETASU, by the date that is 20 days after the date on + which the license holder received the request for the + covered product, and the eligible product developer did not + accept such offer by the date that is 10 days after the + date on which the eligible product developer received such + offer from the license holder. + (4) Remedies.-- + (A) In general.--If an eligible product developer prevails + in a civil action brought under paragraph (1), the court shall-- - (A) weigh 26.73 grams; - (B) have a diameter of 1.500 inches; and - (C) contain not less than 90 percent silver. - (3) Half-dollar clad coins.--Not more than 750,000 half- - dollar coins which shall-- - (A) weigh 11.34 grams; - (B) have a diameter of 1.205 inches; and - (C) be minted to the specifications for half-dollar - coins contained in section 5112(b) of title 31, United - States Code. - (b) Legal Tender.--The coins minted under this Act shall be legal -tender, as provided in section 5103 of title 31, United States Code. - (c) Numismatic Items.--For purposes of section 5134 of title 31, -United States Code, all coins minted under this Act shall be considered -to be numismatic items. + (i) order the license holder to provide to the eligible + product developer without delay sufficient quantities of + the covered product on commercially reasonable, market- + based terms; + (ii) award to the eligible product developer reasonable + attorney's fees and costs of the civil action; and + (iii) award to the eligible product developer a + monetary amount sufficient to deter the license holder from + failing to provide eligible product developers with + sufficient quantities of a covered product on commercially + reasonable, market-based terms, if the court finds, by a + preponderance of the evidence-- -SEC. 4. DESIGN OF COINS. + (I) that the license holder delayed providing + sufficient quantities of the covered product to the + eligible product developer without a legitimate + business justification; or + (II) that the license holder failed to comply with + an order issued under clause (i). - (a) Design Requirements.-- - (1) In general.--The design of the coins minted under this - Act shall be emblematic of the National Law Enforcement Museum - and the service and sacrifice of law enforcement officers - throughout the history of the United States. - (2) Designation and inscriptions.--On each coin minted - under this Act there shall be-- - (A) a designation of the value of the coin; - (B) an inscription of the year ``2021''; and - (C) inscriptions of the words ``Liberty'', ``In God - We Trust'', ``United States of America'', and ``E - Pluribus Unum''. - (b) Selection.--The design for the coins minted under this Act -shall be-- - (1) selected by the Secretary after consultation with the - Commission of Fine Arts and the National Law Enforcement - Officers Memorial Fund, Inc.; and - (2) reviewed by the Citizens Coinage Advisory Committee. + (B) Maximum monetary amount.--A monetary amount awarded + under subparagraph (A)(iii) shall not be greater than the + revenue that the license holder earned on the covered product + during the period-- + (i) beginning on-- -SEC. 5. ISSUANCE OF COINS. + (I) for a covered product that is not subject to a + REMS with ETASU, the date that is 31 days after the + date on which the license holder received the request; + or + (II) for a covered product that is subject to a + REMS with ETASU, the date that is 31 days after the + later of-- - (a) Quality of Coins.--Coins minted under this Act shall be issued -in uncirculated and proof qualities. - (b) Mint Facilities.--Only one facility of the United States Mint -may be used to strike any particular quality of the coins minted under + (aa) the date on which the license holder + received the request; or + (bb) the date on which the license holder + received a copy of the covered product + authorization issued by the Secretary in accordance + with paragraph (2)(B); and + (ii) ending on the date on which the eligible product + developer received sufficient quantities of the covered + product. + (C) Avoidance of delay.--The court may issue an order under + subparagraph (A)(i) before conducting further proceedings that + may be necessary to determine whether the eligible product + developer is entitled to an award under clause (ii) or (iii) of + subparagraph (A), or the amount of any such award. + (c) Limitation of Liability.--A license holder for a covered +product shall not be liable for any claim under Federal, State, or +local law arising out of the failure of an eligible product developer +to follow adequate safeguards to assure safe use of the covered product +during development or testing activities described in this section, +including transportation, handling, use, or disposal of the covered +product by the eligible product developer. + (d) No Violation of REMS.--Section 505-1 of the Federal Food, Drug, +and Cosmetic Act (21 U.S.C. 355-1) is amended by adding at the end the +following new subsection: + ``(l) Provision of Samples Not a Violation of Strategy.--The +provision of samples of a covered product to an eligible product +developer (as those terms are defined in section 610(a) of division N +of the Further Consolidated Appropriations Act, 2020) shall not be +considered a violation of the requirements of any risk evaluation and +mitigation strategy that may be in place under this section for such +drug.''. + (e) Rule of Construction.-- + (1) Definition.--In this subsection, the term ``antitrust + laws''-- + (A) has the meaning given the term in subsection (a) of the + first section of the Clayton Act (15 U.S.C. 12); and + (B) includes section 5 of the Federal Trade Commission Act + (15 U.S.C. 45) to the extent that such section applies to + unfair methods of competition. + (2) Antitrust laws.--Nothing in this section shall be construed + to limit the operation of any provision of the antitrust laws. + (f) REMS Approval Process for Subsequent Filers.--Section 505-1 of +the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1), as amended +by subsection (d), is further amended-- + (1) in subsection (g)(4)(B)-- + (A) in clause (i) by striking ``or'' after the semicolon; + (B) in clause (ii) by striking the period at the end and + inserting ``; or''; and + (C) by adding at the end the following: + ``(iii) accommodate different, comparable aspects of + the elements to assure safe use for a drug that is the + subject of an application under section 505(j), and the + applicable listed drug.''; + (2) in subsection (i)(1), by striking subparagraph (C) and + inserting the following: + ``(C)(i) Elements to assure safe use, if required under + subsection (f) for the listed drug, which, subject to clause + (ii), for a drug that is the subject of an application under + section 505(j) may use-- + ``(I) a single, shared system with the listed drug + under subsection (f); or + ``(II) a different, comparable aspect of the elements + to assure safe use under subsection (f). + ``(ii) The Secretary may require a drug that is the subject + of an application under section 505(j) and the listed drug to + use a single, shared system under subsection (f), if the + Secretary determines that no different, comparable aspect of + the elements to assure safe use could satisfy the requirements + of subsection (f).''; + (3) in subsection (i), by adding at the end the following: + ``(3) Shared rems.--If the Secretary approves, in accordance + with paragraph (1)(C)(i)(II), a different, comparable aspect of the + elements to assure safe use under subsection (f) for a drug that is + the subject of an abbreviated new drug application under section + 505(j), the Secretary may require that such different comparable + aspect of the elements to assure safe use can be used with respect + to any other drug that is the subject of an application under + section 505(j) or 505(b) that references the same listed drug.''; + and + (4) by adding at the end the following: + ``(m) Separate REMS.--When used in this section, the term +`different, comparable aspect of the elements to assure safe use' means +a risk evaluation and mitigation strategy for a drug that is the +subject of an application under section 505(j) that uses different +methods or operational means than the strategy required under +subsection (a) for the applicable listed drug, or other application +under section 505(j) with the same such listed drug, but achieves the +same level of safety as such strategy.''. + (g) Rule of Construction.--Nothing in this section, the amendments +made by this section, or in section 505-1 of the Federal Food, Drug, +and Cosmetic Act (21 U.S.C. 355-1), shall be construed as-- + (1) prohibiting a license holder from providing an eligible + product developer access to a covered product in the absence of an + authorization under this section; or + (2) in any way negating the applicability of a REMS with ETASU, + as otherwise required under such section 505-1, with respect to + such covered product. + + DIVISION O--SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT + +SEC. 1. SHORT TITLE, ETC. + (a) Short Title.--This Act may be cited as the ``Setting Every +Community Up for Retirement Enhancement Act of 2019''. + (b) Table of Contents.--The table of contents of this Act is as +follows: + +Sec. 1. Short title, etc. + + TITLE I--EXPANDING AND PRESERVING RETIREMENT SAVINGS + +Sec. 101. Multiple employer plans; pooled employer plans. +Sec. 102. Increase in 10 percent cap for automatic enrollment safe + harbor after 1st plan year. +Sec. 103. Rules relating to election of safe harbor 401(k) status. +Sec. 104. Increase in credit limitation for small employer pension plan + startup costs. +Sec. 105. Small employer automatic enrollment credit. +Sec. 106. Certain taxable non-tuition fellowship and stipend payments + treated as compensation for IRA purposes. +Sec. 107. Repeal of maximum age for traditional IRA contributions. +Sec. 108. Qualified employer plans prohibited from making loans through + credit cards and other similar arrangements. +Sec. 109. Portability of lifetime income options. +Sec. 110. Treatment of custodial accounts on termination of section + 403(b) plans. +Sec. 111. Clarification of retirement income account rules relating to + church-controlled organizations. +Sec. 112. Qualified cash or deferred arrangements must allow long-term + employees working more than 500 but less than 1,000 hours per + year to participate. +Sec. 113. Penalty-free withdrawals from retirement plans for individuals + in case of birth of child or adoption. +Sec. 114. Increase in age for required beginning date for mandatory + distributions. +Sec. 115. Special rules for minimum funding standards for community + newspaper plans. +Sec. 116. Treating excluded difficulty of care payments as compensation + for determining retirement contribution limitations. + + TITLE II--ADMINISTRATIVE IMPROVEMENTS + +Sec. 201. Plan adopted by filing due date for year may be treated as in + effect as of close of year. +Sec. 202. Combined annual report for group of plans. +Sec. 203. Disclosure regarding lifetime income. +Sec. 204. Fiduciary safe harbor for selection of lifetime income + provider. +Sec. 205. Modification of nondiscrimination rules to protect older, + longer service participants. +Sec. 206. Modification of PBGC premiums for CSEC plans. + + TITLE III--OTHER BENEFITS + +Sec. 301. Benefits provided to volunteer firefighters and emergency + medical responders. +Sec. 302. Expansion of section 529 plans. + + TITLE IV--REVENUE PROVISIONS + +Sec. 401. Modification of required distribution rules for designated + beneficiaries. +Sec. 402. Increase in penalty for failure to file. +Sec. 403. Increased penalties for failure to file retirement plan + returns. +Sec. 404. Increase information sharing to administer excise taxes. + + TITLE V--TAX RELIEF FOR CERTAIN CHILDREN + +Sec. 501. Modification of rules relating to the taxation of unearned + income of certain children. + + TITLE VI--ADMINISTRATIVE PROVISIONS + +Sec. 601. Provisions relating to plan amendments. + + + TITLE I--EXPANDING AND PRESERVING RETIREMENT SAVINGS + + SEC. 101. MULTIPLE EMPLOYER PLANS; POOLED EMPLOYER PLANS. + (a) Qualification Requirements.-- + (1) In general.--Section 413 of the Internal Revenue Code of + 1986 is amended by adding at the end the following new subsection: + ``(e) Application of Qualification Requirements for Certain +Multiple Employer Plans With Pooled Plan Providers.-- + ``(1) In general.--Except as provided in paragraph (2), if a + defined contribution plan to which subsection (c) applies-- + ``(A) is maintained by employers which have a common + interest other than having adopted the plan, or + ``(B) in the case of a plan not described in subparagraph + (A), has a pooled plan provider, + then the plan shall not be treated as failing to meet the + requirements under this title applicable to a plan described in + section 401(a) or to a plan that consists of individual retirement + accounts described in section 408 (including by reason of + subsection (c) thereof), whichever is applicable, merely because + one or more employers of employees covered by the plan fail to take + such actions as are required of such employers for the plan to meet + such requirements. + ``(2) Limitations.-- + ``(A) In general.--Paragraph (1) shall not apply to any + plan unless the terms of the plan provide that in the case of + any employer in the plan failing to take the actions described + in paragraph (1)-- + ``(i) the assets of the plan attributable to employees + of such employer (or beneficiaries of such employees) will + be transferred to a plan maintained only by such employer + (or its successor), to an eligible retirement plan as + defined in section 402(c)(8)(B) for each individual whose + account is transferred, or to any other arrangement that + the Secretary determines is appropriate, unless the + Secretary determines it is in the best interests of the + employees of such employer (and the beneficiaries of such + employees) to retain the assets in the plan, and + ``(ii) such employer (and not the plan with respect to + which the failure occurred or any other employer in such + plan) shall, except to the extent provided by the + Secretary, be liable for any liabilities with respect to + such plan attributable to employees of such employer (or + beneficiaries of such employees). + ``(B) Failures by pooled plan providers.--If the pooled + plan provider of a plan described in paragraph (1)(B) does not + perform substantially all of the administrative duties which + are required of the provider under paragraph (3)(A)(i) for any + plan year, the Secretary may provide that the determination as + to whether the plan meets the requirements under this title + applicable to a plan described in section 401(a) or to a plan + that consists of individual retirement accounts described in + section 408 (including by reason of subsection (c) thereof), + whichever is applicable, shall be made in the same manner as + would be made without regard to paragraph (1). + ``(3) Pooled plan provider.-- + ``(A) In general.--For purposes of this subsection, the + term `pooled plan provider' means, with respect to any plan, a + person who-- + ``(i) is designated by the terms of the plan as a named + fiduciary (within the meaning of section 402(a)(2) of the + Employee Retirement Income Security Act of 1974), as the + plan administrator, and as the person responsible to + perform all administrative duties (including conducting + proper testing with respect to the plan and the employees + of each employer in the plan) which are reasonably + necessary to ensure that-- + + ``(I) the plan meets any requirement applicable + under the Employee Retirement Income Security Act of + 1974 or this title to a plan described in section + 401(a) or to a plan that consists of individual + retirement accounts described in section 408 (including + by reason of subsection (c) thereof), whichever is + applicable, and + ``(II) each employer in the plan takes such actions + as the Secretary or such person determines are + necessary for the plan to meet the requirements + described in subclause (I), including providing to such + person any disclosures or other information which the + Secretary may require or which such person otherwise + determines are necessary to administer the plan or to + allow the plan to meet such requirements, + + ``(ii) registers as a pooled plan provider with the + Secretary, and provides such other information to the + Secretary as the Secretary may require, before beginning + operations as a pooled plan provider, + ``(iii) acknowledges in writing that such person is a + named fiduciary (within the meaning of section 402(a)(2) of + the Employee Retirement Income Security Act of 1974), and + the plan administrator, with respect to the plan, and + ``(iv) is responsible for ensuring that all persons who + handle assets of, or who are fiduciaries of, the plan are + bonded in accordance with section 412 of the Employee + Retirement Income Security Act of 1974. + ``(B) Audits, examinations and investigations.--The + Secretary may perform audits, examinations, and investigations + of pooled plan providers as may be necessary to enforce and + carry out the purposes of this subsection. + ``(C) Aggregation rules.--For purposes of this paragraph, + in determining whether a person meets the requirements of this + paragraph to be a pooled plan provider with respect to any + plan, all persons who perform services for the plan and who are + treated as a single employer under subsection (b), (c), (m), or + (o) of section 414 shall be treated as one person. + ``(D) Treatment of employers as plan sponsors.--Except with + respect to the administrative duties of the pooled plan + provider described in subparagraph (A)(i), each employer in a + plan which has a pooled plan provider shall be treated as the + plan sponsor with respect to the portion of the plan + attributable to employees of such employer (or beneficiaries of + such employees). + ``(4) Guidance.-- + ``(A) In general.--The Secretary shall issue such guidance + as the Secretary determines appropriate to carry out this + subsection, including guidance-- + ``(i) to identify the administrative duties and other + actions required to be performed by a pooled plan provider + under this subsection, + ``(ii) which describes the procedures to be taken to + terminate a plan which fails to meet the requirements to be + a plan described in paragraph (1), including the proper + treatment of, and actions needed to be taken by, any + employer in the plan and the assets and liabilities of the + plan attributable to employees of such employer (or + beneficiaries of such employees), and + ``(iii) identifying appropriate cases to which the + rules of paragraph (2)(A) will apply to employers in the + plan failing to take the actions described in paragraph + (1). + The Secretary shall take into account under clause (iii) + whether the failure of an employer or pooled plan provider to + provide any disclosures or other information, or to take any + other action, necessary to administer a plan or to allow a plan + to meet requirements applicable to the plan under section + 401(a) or 408, whichever is applicable, has continued over a + period of time that demonstrates a lack of commitment to + compliance. + ``(B) Good faith compliance with law before guidance.--An + employer or pooled plan provider shall not be treated as + failing to meet a requirement of guidance issued by the + Secretary under this paragraph if, before the issuance of such + guidance, the employer or pooled plan provider complies in good + faith with a reasonable interpretation of the provisions of + this subsection to which such guidance relates. + ``(5) Model plan.--The Secretary shall publish model plan + language which meets the requirements of this subsection and of + paragraphs (43) and (44) of section 3 of the Employee Retirement + Income Security Act of 1974 and which may be adopted in order for a + plan to be treated as a plan described in paragraph (1)(B).''. + (2) Conforming amendment.--Section 413(c)(2) of such Code is + amended by striking ``section 401(a)'' and inserting ``sections + 401(a) and 408(c)''. + (3) Technical amendment.--Section 408(c) of such Code is + amended by inserting after paragraph (2) the following new + paragraph: + ``(3) There is a separate accounting for any interest of an + employee or member (or spouse of an employee or member) in a Roth + IRA.''. + (b) No Common Interest Required for Pooled Employer Plans.--Section +3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. +1002(2)) is amended by adding at the end the following: + ``(C) A pooled employer plan shall be treated as-- + ``(i) a single employee pension benefit plan or single + pension plan; and + ``(ii) a plan to which section 210(a) applies.''. + (c) Pooled Employer Plan and Provider Defined.-- + (1) In general.--Section 3 of the Employee Retirement Income + Security Act of 1974 (29 U.S.C. 1002) is amended by adding at the + end the following: + ``(43) Pooled employer plan.-- + ``(A) In general.--The term `pooled employer plan' means a + plan-- + ``(i) which is an individual account plan established + or maintained for the purpose of providing benefits to the + employees of 2 or more employers; + ``(ii) which is a plan described in section 401(a) of + the Internal Revenue Code of 1986 which includes a trust + exempt from tax under section 501(a) of such Code or a plan + that consists of individual retirement accounts described + in section 408 of such Code (including by reason of + subsection (c) thereof); and + ``(iii) the terms of which meet the requirements of + subparagraph (B). + Such term shall not include a plan maintained by employers + which have a common interest other than having adopted the + plan. + ``(B) Requirements for plan terms.--The requirements of + this subparagraph are met with respect to any plan if the terms + of the plan-- + ``(i) designate a pooled plan provider and provide that + the pooled plan provider is a named fiduciary of the plan; + ``(ii) designate one or more trustees meeting the + requirements of section 408(a)(2) of the Internal Revenue + Code of 1986 (other than an employer in the plan) to be + responsible for collecting contributions to, and holding + the assets of, the plan and require such trustees to + implement written contribution collection procedures that + are reasonable, diligent, and systematic; + ``(iii) provide that each employer in the plan retains + fiduciary responsibility for-- + + ``(I) the selection and monitoring in accordance + with section 404(a) of the person designated as the + pooled plan provider and any other person who, in + addition to the pooled plan provider, is designated as + a named fiduciary of the plan; and + ``(II) to the extent not otherwise delegated to + another fiduciary by the pooled plan provider and + subject to the provisions of section 404(c), the + investment and management of the portion of the plan's + assets attributable to the employees of the employer + (or beneficiaries of such employees); + + ``(iv) provide that employers in the plan, and + participants and beneficiaries, are not subject to + unreasonable restrictions, fees, or penalties with regard + to ceasing participation, receipt of distributions, or + otherwise transferring assets of the plan in accordance + with section 208 or paragraph (44)(C)(i)(II); + ``(v) require-- + + ``(I) the pooled plan provider to provide to + employers in the plan any disclosures or other + information which the Secretary may require, including + any disclosures or other information to facilitate the + selection or any monitoring of the pooled plan provider + by employers in the plan; and + ``(II) each employer in the plan to take such + actions as the Secretary or the pooled plan provider + determines are necessary to administer the plan or for + the plan to meet any requirement applicable under this + Act or the Internal Revenue Code of 1986 to a plan + described in section 401(a) of such Code or to a plan + that consists of individual retirement accounts + described in section 408 of such Code (including by + reason of subsection (c) thereof), whichever is + applicable, including providing any disclosures or + other information which the Secretary may require or + which the pooled plan provider otherwise determines are + necessary to administer the plan or to allow the plan + to meet such requirements; and + + ``(vi) provide that any disclosure or other information + required to be provided under clause (v) may be provided in + electronic form and will be designed to ensure only + reasonable costs are imposed on pooled plan providers and + employers in the plan. + ``(C) Exceptions.--The term `pooled employer plan' does not + include-- + ``(i) a multiemployer plan; or + ``(ii) a plan established before the date of the + enactment of the Setting Every Community Up for Retirement + Enhancement Act of 2019 unless the plan administrator + elects that the plan will be treated as a pooled employer + plan and the plan meets the requirements of this title + applicable to a pooled employer plan established on or + after such date. + ``(D) Treatment of employers as plan sponsors.--Except with + respect to the administrative duties of the pooled plan + provider described in paragraph (44)(A)(i), each employer in a + pooled employer plan shall be treated as the plan sponsor with + respect to the portion of the plan attributable to employees of + such employer (or beneficiaries of such employees). + ``(44) Pooled plan provider.-- + ``(A) In general.--The term `pooled plan provider' means a + person who-- + ``(i) is designated by the terms of a pooled employer + plan as a named fiduciary, as the plan administrator, and + as the person responsible for the performance of all + administrative duties (including conducting proper testing + with respect to the plan and the employees of each employer + in the plan) which are reasonably necessary to ensure + that-- + + ``(I) the plan meets any requirement applicable + under this Act or the Internal Revenue Code of 1986 to + a plan described in section 401(a) of such Code or to a + plan that consists of individual retirement accounts + described in section 408 of such Code (including by + reason of subsection (c) thereof), whichever is + applicable; and + ``(II) each employer in the plan takes such actions + as the Secretary or pooled plan provider determines are + necessary for the plan to meet the requirements + described in subclause (I), including providing the + disclosures and information described in paragraph + (43)(B)(v)(II); + + ``(ii) registers as a pooled plan provider with the + Secretary, and provides to the Secretary such other + information as the Secretary may require, before beginning + operations as a pooled plan provider; + ``(iii) acknowledges in writing that such person is a + named fiduciary, and the plan administrator, with respect + to the pooled employer plan; and + ``(iv) is responsible for ensuring that all persons who + handle assets of, or who are fiduciaries of, the pooled + employer plan are bonded in accordance with section 412. + ``(B) Audits, examinations and investigations.--The + Secretary may perform audits, examinations, and investigations + of pooled plan providers as may be necessary to enforce and + carry out the purposes of this paragraph and paragraph (43). + ``(C) Guidance.--The Secretary shall issue such guidance as + the Secretary determines appropriate to carry out this + paragraph and paragraph (43), including guidance-- + ``(i) to identify the administrative duties and other + actions required to be performed by a pooled plan provider + under either such paragraph; and + ``(ii) which requires in appropriate cases that if an + employer in the plan fails to take the actions required + under subparagraph (A)(i)(II)-- + + ``(I) the assets of the plan attributable to + employees of such employer (or beneficiaries of such + employees) are transferred to a plan maintained only by + such employer (or its successor), to an eligible + retirement plan as defined in section 402(c)(8)(B) of + the Internal Revenue Code of 1986 for each individual + whose account is transferred, or to any other + arrangement that the Secretary determines is + appropriate in such guidance; and + ``(II) such employer (and not the plan with respect + to which the failure occurred or any other employer in + such plan) shall, except to the extent provided in such + guidance, be liable for any liabilities with respect to + such plan attributable to employees of such employer + (or beneficiaries of such employees). + + The Secretary shall take into account under clause (ii) + whether the failure of an employer or pooled plan provider + to provide any disclosures or other information, or to take + any other action, necessary to administer a plan or to + allow a plan to meet requirements described in subparagraph + (A)(i)(II) has continued over a period of time that + demonstrates a lack of commitment to compliance. The + Secretary may waive the requirements of subclause (ii)(I) + in appropriate circumstances if the Secretary determines it + is in the best interests of the employees of the employer + referred to in such clause (and the beneficiaries of such + employees) to retain the assets in the plan with respect to + which the employer's failure occurred. + ``(D) Good faith compliance with law before guidance.--An + employer or pooled plan provider shall not be treated as + failing to meet a requirement of guidance issued by the + Secretary under subparagraph (C) if, before the issuance of + such guidance, the employer or pooled plan provider complies in + good faith with a reasonable interpretation of the provisions + of this paragraph, or paragraph (43), to which such guidance + relates. + ``(E) Aggregation rules.--For purposes of this paragraph, + in determining whether a person meets the requirements of this + paragraph to be a pooled plan provider with respect to any + plan, all persons who perform services for the plan and who are + treated as a single employer under subsection (b), (c), (m), or + (o) of section 414 of the Internal Revenue Code of 1986 shall + be treated as one person.''. + (2) Bonding requirements for pooled employer plans.--The last + sentence of section 412(a) of the Employee Retirement Income + Security Act of 1974 (29 U.S.C. 1112(a)) is amended by inserting + ``or in the case of a pooled employer plan (as defined in section + 3(43))'' after ``section 407(d)(1))''. + (3) Conforming and technical amendments.--Section 3 of the + Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is + amended-- + (A) in paragraph (16)(B)-- + (i) by striking ``or'' at the end of clause (ii); and + (ii) by striking the period at the end and inserting + ``, or (iv) in the case of a pooled employer plan, the + pooled plan provider.''; and + (B) by striking the second paragraph (41). + (d) Pooled Employer and Multiple Employer Plan Reporting.-- + (1) Additional information.--Section 103 of the Employee + Retirement Income Security Act of 1974 (29 U.S.C. 1023) is + amended-- + (A) in subsection (a)(1)(B), by striking ``applicable + subsections (d), (e), and (f)'' and inserting ``applicable + subsections (d), (e), (f), and (g)''; and + (B) by amending subsection (g) to read as follows: + ``(g) Additional Information With Respect to Pooled Employer and +Multiple Employer Plans.--An annual report under this section for a +plan year shall include-- + ``(1) with respect to any plan to which section 210(a) applies + (including a pooled employer plan), a list of employers in the plan + and a good faith estimate of the percentage of total contributions + made by such employers during the plan year and the aggregate + account balances attributable to each employer in the plan + (determined as the sum of the account balances of the employees of + such employer (and the beneficiaries of such employees)); and + ``(2) with respect to a pooled employer plan, the identifying + information for the person designated under the terms of the plan + as the pooled plan provider.''. + (2) Simplified annual reports.--Section 104(a) of the Employee + Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)) is + amended by striking paragraph (2)(A) and inserting the following: + ``(2)(A) With respect to annual reports required to be filed with +the Secretary under this part, the Secretary may by regulation +prescribe simplified annual reports for any pension plan that-- + ``(i) covers fewer than 100 participants; or + ``(ii) is a plan described in section 210(a) that covers fewer + than 1,000 participants, but only if no single employer in the plan + has 100 or more participants covered by the plan.''. + (e) Effective Date.-- + (1) In general.--The amendments made by this section shall + apply to plan years beginning after December 31, 2020. + (2) Rule of construction.--Nothing in the amendments made by + subsection (a) shall be construed as limiting the authority of the + Secretary of the Treasury or the Secretary's delegate (determined + without regard to such amendment) to provide for the proper + treatment of a failure to meet any requirement applicable under the + Internal Revenue Code of 1986 with respect to one employer (and its + employees) in a multiple employer plan. + SEC. 102. INCREASE IN 10 PERCENT CAP FOR AUTOMATIC ENROLLMENT SAFE + HARBOR AFTER 1ST PLAN YEAR. + (a) In General.--Section 401(k)(13)(C)(iii) of the Internal Revenue +Code of 1986 is amended by striking ``does not exceed 10 percent'' and +inserting ``does not exceed 15 percent (10 percent during the period +described in subclause (I))''. + (b) Effective Date.--The amendments made by this section shall +apply to plan years beginning after December 31, 2019. + SEC. 103. RULES RELATING TO ELECTION OF SAFE HARBOR 401(k) STATUS. + (a) Limitation of Annual Safe Harbor Notice to Matching +Contribution Plans.-- + (1) In general.--Subparagraph (A) of section 401(k)(12) of the + Internal Revenue Code of 1986 is amended by striking ``if such + arrangement'' and all that follows and inserting ``if such + arrangement-- + ``(i) meets the contribution requirements of + subparagraph (B) and the notice requirements of + subparagraph (D), or + ``(ii) meets the contribution requirements of + subparagraph (C).''. + (2) Automatic contribution arrangements.--Subparagraph (B) of + section 401(k)(13) of such Code is amended by striking ``means'' + and all that follows and inserting ``means a cash or deferred + arrangement-- + ``(i) which is described in subparagraph (D)(i)(I) and + meets the applicable requirements of subparagraphs (C) + through (E), or + ``(ii) which is described in subparagraph (D)(i)(II) + and meets the applicable requirements of subparagraphs (C) + and (D).''. + (b) Nonelective Contributions.--Section 401(k)(12) of the Internal +Revenue Code of 1986 is amended by redesignating subparagraph (F) as +subparagraph (G), and by inserting after subparagraph (E) the following +new subparagraph: + ``(F) Timing of plan amendment for employer making + nonelective contributions.-- + ``(i) In general.--Except as provided in clause (ii), a + plan may be amended after the beginning of a plan year to + provide that the requirements of subparagraph (C) shall + apply to the arrangement for the plan year, but only if the + amendment is adopted-- + + ``(I) at any time before the 30th day before the + close of the plan year, or + ``(II) at any time before the last day under + paragraph (8)(A) for distributing excess contributions + for the plan year. + + ``(ii) Exception where plan provided for matching + contributions.--Clause (i) shall not apply to any plan year + if the plan provided at any time during the plan year that + the requirements of subparagraph (B) or paragraph + (13)(D)(i)(I) applied to the plan year. + ``(iii) 4-percent contribution requirement.--Clause + (i)(II) shall not apply to an arrangement unless the amount + of the contributions described in subparagraph (C) which + the employer is required to make under the arrangement for + the plan year with respect to any employee is an amount + equal to at least 4 percent of the employee's + compensation.''. + (c) Automatic Contribution Arrangements.--Section 401(k)(13) of the +Internal Revenue Code of 1986 is amended by adding at the end the +following: + ``(F) Timing of plan amendment for employer making + nonelective contributions.-- + ``(i) In general.--Except as provided in clause (ii), a + plan may be amended after the beginning of a plan year to + provide that the requirements of subparagraph (D)(i)(II) + shall apply to the arrangement for the plan year, but only + if the amendment is adopted-- + + ``(I) at any time before the 30th day before the + close of the plan year, or + ``(II) at any time before the last day under + paragraph (8)(A) for distributing excess contributions + for the plan year. + + ``(ii) Exception where plan provided for matching + contributions.--Clause (i) shall not apply to any plan year + if the plan provided at any time during the plan year that + the requirements of subparagraph (D)(i)(I) or paragraph + (12)(B) applied to the plan year. + ``(iii) 4-percent contribution requirement.--Clause + (i)(II) shall not apply to an arrangement unless the amount + of the contributions described in subparagraph (D)(i)(II) + which the employer is required to make under the + arrangement for the plan year with respect to any employee + is an amount equal to at least 4 percent of the employee's + compensation.''. + (d) Effective Date.--The amendments made by this section shall +apply to plan years beginning after December 31, 2019. + SEC. 104. INCREASE IN CREDIT LIMITATION FOR SMALL EMPLOYER PENSION + PLAN STARTUP COSTS. + (a) In General.--Paragraph (1) of section 45E(b) of the Internal +Revenue Code of 1986 is amended to read as follows: + ``(1) for the first credit year and each of the 2 taxable years + immediately following the first credit year, the greater of-- + ``(A) $500, or + ``(B) the lesser of-- + ``(i) $250 for each employee of the eligible employer + who is not a highly compensated employee (as defined in + section 414(q)) and who is eligible to participate in the + eligible employer plan maintained by the eligible employer, + or + ``(ii) $5,000, and''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years beginning after December 31, 2019. + SEC. 105. SMALL EMPLOYER AUTOMATIC ENROLLMENT CREDIT. + (a) In General.--Subpart D of part IV of subchapter A of chapter 1 +of the Internal Revenue Code of 1986 is amended by adding at the end +the following new section: + ``SEC. 45T. AUTO-ENROLLMENT OPTION FOR RETIREMENT SAVINGS OPTIONS + PROVIDED BY SMALL EMPLOYERS. + ``(a) In General.--For purposes of section 38, in the case of an +eligible employer, the retirement auto-enrollment credit determined +under this section for any taxable year is an amount equal to-- + ``(1) $500 for any taxable year occurring during the credit + period, and + ``(2) zero for any other taxable year. + ``(b) Credit Period.--For purposes of subsection (a)-- + ``(1) In general.--The credit period with respect to any + eligible employer is the 3-taxable-year period beginning with the + first taxable year for which the employer includes an eligible + automatic contribution arrangement (as defined in section + 414(w)(3)) in a qualified employer plan (as defined in section + 4972(d)) sponsored by the employer. + ``(2) Maintenance of arrangement.--No taxable year with respect + to an employer shall be treated as occurring within the credit + period unless the arrangement described in paragraph (1) is + included in the plan for such year. + ``(c) Eligible Employer.--For purposes of this section, the term +`eligible employer' has the meaning given such term in section +408(p)(2)(C)(i).''. + (b) Credit To Be Part of General Business Credit.--Subsection (b) +of section 38 of the Internal Revenue Code of 1986 is amended by +striking ``plus'' at the end of paragraph (31), by striking the period +at the end of paragraph (32) and inserting ``, plus'', and by adding at +the end the following new paragraph: + ``(33) in the case of an eligible employer (as defined in + section 45T(c)), the retirement auto-enrollment credit determined + under section 45T(a).''. + (c) Clerical Amendment.--The table of sections for subpart D of +part IV of subchapter A of chapter 1 of the Internal Revenue Code of +1986 is amended by inserting after the item relating to section 45S the +following new item: + +``Sec. 45T. Auto-enrollment option for retirement savings options + provided by small employers.''. + + (d) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2019. + SEC. 106. CERTAIN TAXABLE NON-TUITION FELLOWSHIP AND STIPEND + PAYMENTS TREATED AS COMPENSATION FOR IRA PURPOSES. + (a) In General.--Paragraph (1) of section 219(f) of the Internal +Revenue Code of 1986 is amended by adding at the end the following: +``The term `compensation' shall include any amount which is included in +the individual's gross income and paid to the individual to aid the +individual in the pursuit of graduate or postdoctoral study.''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years beginning after December 31, 2019. + SEC. 107. REPEAL OF MAXIMUM AGE FOR TRADITIONAL IRA CONTRIBUTIONS. + (a) In General.--Paragraph (1) of section 219(d) of the Internal +Revenue Code of 1986 is repealed. + (b) Coordination With Qualified Charitable Distributions.--Add at +the end of section 408(d)(8)(A) of such Code the following: ``The +amount of distributions not includible in gross income by reason of the +preceding sentence for a taxable year (determined without regard to +this sentence) shall be reduced (but not below zero) by an amount equal +to the excess of-- + ``(i) the aggregate amount of deductions allowed to the + taxpayer under section 219 for all taxable years ending on + or after the date the taxpayer attains age 70\1/2\, over + ``(ii) the aggregate amount of reductions under this + sentence for all taxable years preceding the current + taxable year.''. + (c) Conforming Amendment.--Subsection (c) of section 408A of the +Internal Revenue Code of 1986 is amended by striking paragraph (4) and +by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), +and (6), respectively. + (d) Effective Date.-- + (1) In general.--Except as provided in paragraph (2), the + amendments made by this section shall apply to contributions made + for taxable years beginning after December 31, 2019. + (2) Subsection (b).--The amendment made by subsection (b) shall + apply to distributions made for taxable years beginning after + December 31, 2019. + SEC. 108. QUALIFIED EMPLOYER PLANS PROHIBITED FROM MAKING LOANS + THROUGH CREDIT CARDS AND OTHER SIMILAR ARRANGEMENTS. + (a) In General.--Paragraph (2) of section 72(p) of the Internal +Revenue Code of 1986 is amended by redesignating subparagraph (D) as +subparagraph (E) and by inserting after subparagraph (C) the following +new subparagraph: + ``(D) Prohibition of loans through credit cards and other + similar arrangements.--Subparagraph (A) shall not apply to any + loan which is made through the use of any credit card or any + other similar arrangement.''. + (b) Effective Date.--The amendments made by subsection (a) shall +apply to loans made after the date of the enactment of this Act. + SEC. 109. PORTABILITY OF LIFETIME INCOME OPTIONS. + (a) In General.--Subsection (a) of section 401 of the Internal +Revenue Code of 1986 is amended by inserting after paragraph (37) the +following new paragraph: + ``(38) Portability of lifetime income.-- + ``(A) In general.--Except as may be otherwise provided by + regulations, a trust forming part of a defined contribution + plan shall not be treated as failing to constitute a qualified + trust under this section solely by reason of allowing-- + ``(i) qualified distributions of a lifetime income + investment, or + ``(ii) distributions of a lifetime income investment in + the form of a qualified plan distribution annuity contract, + on or after the date that is 90 days prior to the date on which + such lifetime income investment is no longer authorized to be + held as an investment option under the plan. + ``(B) Definitions.--For purposes of this subsection-- + ``(i) the term `qualified distribution' means a direct + trustee-to-trustee transfer described in paragraph (31)(A) + to an eligible retirement plan (as defined in section + 402(c)(8)(B)), + ``(ii) the term `lifetime income investment' means an + investment option which is designed to provide an employee + with election rights-- + + ``(I) which are not uniformly available with + respect to other investment options under the plan, and + ``(II) which are to a lifetime income feature + available through a contract or other arrangement + offered under the plan (or under another eligible + retirement plan (as so defined), if paid by means of a + direct trustee-to-trustee transfer described in + paragraph (31)(A) to such other eligible retirement + plan), + + ``(iii) the term `lifetime income feature' means-- + + ``(I) a feature which guarantees a minimum level of + income annually (or more frequently) for at least the + remainder of the life of the employee or the joint + lives of the employee and the employee's designated + beneficiary, or + ``(II) an annuity payable on behalf of the employee + under which payments are made in substantially equal + periodic payments (not less frequently than annually) + over the life of the employee or the joint lives of the + employee and the employee's designated beneficiary, and + + ``(iv) the term `qualified plan distribution annuity + contract' means an annuity contract purchased for a + participant and distributed to the participant by a plan or + contract described in subparagraph (B) of section 402(c)(8) + (without regard to clauses (i) and (ii) thereof).''. + (b) Cash or Deferred Arrangement.-- + (1) In general.--Clause (i) of section 401(k)(2)(B) of the + Internal Revenue Code of 1986 is amended by striking ``or'' at the + end of subclause (IV), by striking ``and'' at the end of subclause + (V) and inserting ``or'', and by adding at the end the following + new subclause: + + ``(VI) except as may be otherwise provided by + regulations, with respect to amounts invested in a + lifetime income investment (as defined in subsection + (a)(38)(B)(ii)), the date that is 90 days prior to the + date that such lifetime income investment may no longer + be held as an investment option under the arrangement, + and''. + + (2) Distribution requirement.--Subparagraph (B) of section + 401(k)(2) of such Code, as amended by paragraph (1), is amended by + striking ``and'' at the end of clause (i), by striking the + semicolon at the end of clause (ii) and inserting ``, and'', and by + adding at the end the following new clause: + ``(iii) except as may be otherwise provided by + regulations, in the case of amounts described in clause + (i)(VI), will be distributed only in the form of a + qualified distribution (as defined in subsection + (a)(38)(B)(i)) or a qualified plan distribution annuity + contract (as defined in subsection (a)(38)(B)(iv)),''. + (c) Section 403(b) Plans.-- + (1) Annuity contracts.--Paragraph (11) of section 403(b) of the + Internal Revenue Code of 1986 is amended by striking ``or'' at the + end of subparagraph (B), by striking the period at the end of + subparagraph (C) and inserting ``, or'', and by inserting after + subparagraph (C) the following new subparagraph: + ``(D) except as may be otherwise provided by regulations, + with respect to amounts invested in a lifetime income + investment (as defined in section 401(a)(38)(B)(ii))-- + ``(i) on or after the date that is 90 days prior to the + date that such lifetime income investment may no longer be + held as an investment option under the contract, and + ``(ii) in the form of a qualified distribution (as + defined in section 401(a)(38)(B)(i)) or a qualified plan + distribution annuity contract (as defined in section + 401(a)(38)(B)(iv)).''. + (2) Custodial accounts.--Subparagraph (A) of section 403(b)(7) + of such Code is amended by striking ``if--'' and all that follows + and inserting ``if the amounts are to be invested in regulated + investment company stock to be held in that custodial account, and + under the custodial account-- + ``(i) no such amounts may be paid or made available to + any distributee (unless such amount is a distribution to + which section 72(t)(2)(G) applies) before-- + + ``(I) the employee dies, + ``(II) the employee attains age 59\1/2\, + ``(III) the employee has a severance from + employment, + ``(IV) the employee becomes disabled (within the + meaning of section 72(m)(7)), + ``(V) in the case of contributions made pursuant to + a salary reduction agreement (within the meaning of + section 3121(a)(5)(D)), the employee encounters + financial hardship, or + ``(VI) except as may be otherwise provided by + regulations, with respect to amounts invested in a + lifetime income investment (as defined in section + 401(a)(38)(B)(ii)), the date that is 90 days prior to + the date that such lifetime income investment may no + longer be held as an investment option under the + contract, and + + ``(ii) in the case of amounts described in clause + (i)(VI), such amounts will be distributed only in the form + of a qualified distribution (as defined in section + 401(a)(38)(B)(i)) or a qualified plan distribution annuity + contract (as defined in section 401(a)(38)(B)(iv)).''. + (d) Eligible Deferred Compensation Plans.-- + (1) In general.--Subparagraph (A) of section 457(d)(1) of the + Internal Revenue Code of 1986 is amended by striking ``or'' at the + end of clause (ii), by inserting ``or'' at the end of clause (iii), + and by adding after clause (iii) the following: + ``(iv) except as may be otherwise provided by + regulations, in the case of a plan maintained by an + employer described in subsection (e)(1)(A), with respect to + amounts invested in a lifetime income investment (as + defined in section 401(a)(38)(B)(ii)), the date that is 90 + days prior to the date that such lifetime income investment + may no longer be held as an investment option under the + plan,''. + (2) Distribution requirement.--Paragraph (1) of section 457(d) + of such Code is amended by striking ``and'' at the end of + subparagraph (B), by striking the period at the end of subparagraph + (C) and inserting ``, and'', and by inserting after subparagraph + (C) the following new subparagraph: + ``(D) except as may be otherwise provided by regulations, + in the case of amounts described in subparagraph (A)(iv), such + amounts will be distributed only in the form of a qualified + distribution (as defined in section 401(a)(38)(B)(i)) or a + qualified plan distribution annuity contract (as defined in + section 401(a)(38)(B)(iv)).''. + (e) Effective Date.--The amendments made by this section shall +apply to plan years beginning after December 31, 2019. + SEC. 110. TREATMENT OF CUSTODIAL ACCOUNTS ON TERMINATION OF SECTION + 403(b) PLANS. + Not later than six months after the date of enactment of this Act, +the Secretary of the Treasury shall issue guidance to provide that, if +an employer terminates the plan under which amounts are contributed to +a custodial account under subparagraph (A) of section 403(b)(7), the +plan administrator or custodian may distribute an individual custodial +account in kind to a participant or beneficiary of the plan and the +distributed custodial account shall be maintained by the custodian on a +tax-deferred basis as a section 403(b)(7) custodial account, similar to +the treatment of fully-paid individual annuity contracts under Revenue +Ruling 2011-7, until amounts are actually paid to the participant or +beneficiary. The guidance shall provide further (i) that the section +403(b)(7) status of the distributed custodial account is generally +maintained if the custodial account thereafter adheres to the +requirements of section 403(b) that are in effect at the time of the +distribution of the account and (ii) that a custodial account would not +be considered distributed to the participant or beneficiary if the +employer has any material retained rights under the account (but the +employer would not be treated as retaining material rights simply +because the custodial account was originally opened under a group +contract). Such guidance shall be retroactively effective for taxable +years beginning after December 31, 2008. + SEC. 111. CLARIFICATION OF RETIREMENT INCOME ACCOUNT RULES RELATING + TO CHURCH-CONTROLLED ORGANIZATIONS. + (a) In General.--Subparagraph (B) of section 403(b)(9) of the +Internal Revenue Code of 1986 is amended by inserting ``(including an +employee described in section 414(e)(3)(B))'' after ``employee +described in paragraph (1)''. + (b) Effective Date.--The amendment made by this section shall apply +to years beginning before, on, or after the date of the enactment of this Act. - (c) Period for Issuance.--The Secretary may issue coins minted -under this Act only during the 1-year period beginning on January 1, -2021. + SEC. 112. QUALIFIED CASH OR DEFERRED ARRANGEMENTS MUST ALLOW LONG- + TERM EMPLOYEES WORKING MORE THAN 500 BUT LESS THAN 1,000 HOURS + PER YEAR TO PARTICIPATE. + (a) Participation Requirement.-- + (1) In general.--Section 401(k)(2)(D) of the Internal Revenue + Code of 1986 is amended to read as follows: + ``(D) which does not require, as a condition of + participation in the arrangement, that an employee complete a + period of service with the employer (or employers) maintaining + the plan extending beyond the close of the earlier of-- + ``(i) the period permitted under section 410(a)(1) + (determined without regard to subparagraph (B)(i) thereof), + or + ``(ii) subject to the provisions of paragraph (15), the + first period of 3 consecutive 12-month periods during each + of which the employee has at least 500 hours of service.''. + (2) Special rules.--Section 401(k) of such Code is amended by + adding at the end the following new paragraph: + ``(15) Special rules for participation requirement for long- + term, part-time workers.--For purposes of paragraph (2)(D)(ii)-- + ``(A) Age requirement must be met.--Paragraph (2)(D)(ii) + shall not apply to an employee unless the employee has met the + requirement of section 410(a)(1)(A)(i) by the close of the last + of the 12-month periods described in such paragraph. + ``(B) Nondiscrimination and top-heavy rules not to apply.-- + ``(i) Nondiscrimination rules.--In the case of + employees who are eligible to participate in the + arrangement solely by reason of paragraph (2)(D)(ii)-- -SEC. 6. SALE OF COINS. + ``(I) notwithstanding subsection (a)(4), an + employer shall not be required to make nonelective or + matching contributions on behalf of such employees even + if such contributions are made on behalf of other + employees eligible to participate in the arrangement, + and + ``(II) an employer may elect to exclude such + employees from the application of subsection (a)(4), + paragraphs (3), (12), and (13), subsection (m)(2), and + section 410(b). - (a) Sale Price.--The coins issued under this Act shall be sold by -the Secretary at a price equal to the sum of-- - (1) the face value of the coins; - (2) the surcharge provided in section 7(a) with respect to - such coins; and - (3) the cost of designing and issuing the coins (including - labor, materials, dies, use of machinery, overhead expenses, - marketing, and shipping). - (b) Bulk Sales.--The Secretary shall make bulk sales of the coins -issued under this Act at a reasonable discount. - (c) Prepaid Orders.-- - (1) In general.--The Secretary shall accept prepaid orders - for the coins minted under this Act before the issuance of such - coins. - (2) Discount.--Sale prices with respect to prepaid orders - under paragraph (1) shall be at a reasonable discount. + ``(ii) Top-heavy rules.--An employer may elect to + exclude all employees who are eligible to participate in a + plan maintained by the employer solely by reason of + paragraph (2)(D)(ii) from the application of the vesting + and benefit requirements under subsections (b) and (c) of + section 416. + ``(iii) Vesting.--For purposes of determining whether + an employee described in clause (i) has a nonforfeitable + right to employer contributions (other than contributions + described in paragraph (3)(D)(i)) under the arrangement, + each 12-month period for which the employee has at least + 500 hours of service shall be treated as a year of service, + and section 411(a)(6) shall be applied by substituting `at + least 500 hours of service' for `more than 500 hours of + service' in subparagraph (A) thereof. + ``(iv) Employees who become full-time employees.--This + subparagraph (other than clause (iii)) shall cease to apply + to any employee as of the first plan year beginning after + the plan year in which the employee meets the requirements + of section 410(a)(1)(A)(ii) without regard to paragraph + (2)(D)(ii). + ``(C) Exception for employees under collectively bargained + plans, etc.--Paragraph (2)(D)(ii) shall not apply to employees + described in section 410(b)(3). + ``(D) Special rules.-- + ``(i) Time of participation.--The rules of section + 410(a)(4) shall apply to an employee eligible to + participate in an arrangement solely by reason of paragraph + (2)(D)(ii). + ``(ii) 12-month periods.--12-month periods shall be + determined in the same manner as under the last sentence of + section 410(a)(3)(A).''. + (b) Effective Date.--The amendments made by this section shall +apply to plan years beginning after December 31, 2020, except that, for +purposes of section 401(k)(2)(D)(ii) of the Internal Revenue Code of +1986 (as added by such amendments), 12-month periods beginning before +January 1, 2021, shall not be taken into account. + SEC. 113. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR + INDIVIDUALS IN CASE OF BIRTH OF CHILD OR ADOPTION. + (a) In General.--Section 72(t)(2) of the Internal Revenue Code of +1986 is amended by adding at the end the following new subparagraph: + ``(H) Distributions from retirement plans in case of birth + of child or adoption.-- + ``(i) In general.--Any qualified birth or adoption + distribution. + ``(ii) Limitation.--The aggregate amount which may be + treated as qualified birth or adoption distributions by any + individual with respect to any birth or adoption shall not + exceed $5,000. + ``(iii) Qualified birth or adoption distribution.--For + purposes of this subparagraph-- -SEC. 7. SURCHARGES. + ``(I) In general.--The term `qualified birth or + adoption distribution' means any distribution from an + applicable eligible retirement plan to an individual if + made during the 1-year period beginning on the date on + which a child of the individual is born or on which the + legal adoption by the individual of an eligible adoptee + is finalized. + ``(II) Eligible adoptee.--The term `eligible + adoptee' means any individual (other than a child of + the taxpayer's spouse) who has not attained age 18 or + is physically or mentally incapable of self-support. - (a) In General.--All sales of coins issued under this Act shall -include a surcharge of-- - (1) $35 per coin for the $5 coin; - (2) $10 per coin for the $1 coin; and - (3) $5 per coin for the half-dollar coin. - (b) Distribution.--Subject to section 5134(f)(1) of title 31, -United States Code, all surcharges received by the Secretary from the -sale of coins issued under this Act shall be promptly paid by the -Secretary to the National Law Enforcement Officers Memorial Fund, Inc., -for educational and outreach programs and exhibits. - (c) Audits.--The National Law Enforcement Officers Memorial Fund, -Inc., shall be subject to the audit requirements of section 5134(f)(2) -of title 31, United States Code, with regard to the amounts received -under subsection (b). - (d) Limitation.--Notwithstanding subsection (a), no surcharge may -be included with respect to the issuance under this Act of any coin -during a calendar year if, as of the time of such issuance, the -issuance of such coin would result in the number of commemorative coin -programs issued during such year to exceed the annual two commemorative -coin program issuance limitation under section 5112(m)(1) of title 31, -United States Code (as in effect on the date of the enactment of this -Act). The Secretary of the Treasury may issue guidance to carry out -this subsection. + ``(iv) Treatment of plan distributions.-- + + ``(I) In general.--If a distribution to an + individual would (without regard to clause (ii)) be a + qualified birth or adoption distribution, a plan shall + not be treated as failing to meet any requirement of + this title merely because the plan treats the + distribution as a qualified birth or adoption + distribution, unless the aggregate amount of such + distributions from all plans maintained by the employer + (and any member of any controlled group which includes + the employer) to such individual exceeds $5,000. + ``(II) Controlled group.--For purposes of subclause + (I), the term `controlled group' means any group + treated as a single employer under subsection (b), (c), + (m), or (o) of section 414. + + ``(v) Amount distributed may be repaid.-- + + ``(I) In general.--Any individual who receives a + qualified birth or adoption distribution may make one + or more contributions in an aggregate amount not to + exceed the amount of such distribution to an applicable + eligible retirement plan of which such individual is a + beneficiary and to which a rollover contribution of + such distribution could be made under section 402(c), + 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the + case may be. + ``(II) Limitation on contributions to applicable + eligible retirement plans other than IRAs.--The + aggregate amount of contributions made by an individual + under subclause (I) to any applicable eligible + retirement plan which is not an individual retirement + plan shall not exceed the aggregate amount of qualified + birth or adoption distributions which are made from + such plan to such individual. Subclause (I) shall not + apply to contributions to any applicable eligible + retirement plan which is not an individual retirement + plan unless the individual is eligible to make + contributions (other than those described in subclause + (I)) to such applicable eligible retirement plan. + ``(III) Treatment of repayments of distributions + from applicable eligible retirement plans other than + IRAs.--If a contribution is made under subclause (I) + with respect to a qualified birth or adoption + distribution from an applicable eligible retirement + plan other than an individual retirement plan, then the + taxpayer shall, to the extent of the amount of the + contribution, be treated as having received such + distribution in an eligible rollover distribution (as + defined in section 402(c)(4)) and as having transferred + the amount to the applicable eligible retirement plan + in a direct trustee to trustee transfer within 60 days + of the distribution. + ``(IV) Treatment of repayments for distributions + from IRAs.--If a contribution is made under subclause + (I) with respect to a qualified birth or adoption + distribution from an individual retirement plan, then, + to the extent of the amount of the contribution, such + distribution shall be treated as a distribution + described in section 408(d)(3) and as having been + transferred to the applicable eligible retirement plan + in a direct trustee to trustee transfer within 60 days + of the distribution. + + ``(vi) Definition and special rules.--For purposes of + this subparagraph-- + + ``(I) Applicable eligible retirement plan.--The + term `applicable eligible retirement plan' means an + eligible retirement plan (as defined in section + 402(c)(8)(B)) other than a defined benefit plan. + ``(II) Exemption of distributions from trustee to + trustee transfer and withholding rules.--For purposes + of sections 401(a)(31), 402(f), and 3405, a qualified + birth or adoption distribution shall not be treated as + an eligible rollover distribution. + ``(III) Taxpayer must include tin.--A distribution + shall not be treated as a qualified birth or adoption + distribution with respect to any child or eligible + adoptee unless the taxpayer includes the name, age, and + TIN of such child or eligible adoptee on the taxpayer's + return of tax for the taxable year. + ``(IV) Distributions treated as meeting plan + distribution requirements.--Any qualified birth or + adoption distribution shall be treated as meeting the + requirements of sections 401(k)(2)(B)(i), + 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A).''. + + (b) Effective Date.--The amendments made by this section shall +apply to distributions made after December 31, 2019. + SEC. 114. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR MANDATORY + DISTRIBUTIONS. + (a) In General.--Section 401(a)(9)(C)(i)(I) of the Internal Revenue +Code of 1986 is amended by striking ``age 70\1/2\'' and inserting ``age +72''. + (b) Spouse Beneficiaries; Special Rule for Owners.--Subparagraphs +(B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) of such Code are each +amended by striking ``age 70\1/2\'' and inserting ``age 72''. + (c) Conforming Amendments.--The last sentence of section 408(b) of +such Code is amended by striking ``age 70\1/2\'' and inserting ``age +72''. + (d) Effective Date.--The amendments made by this section shall +apply to distributions required to be made after December 31, 2019, +with respect to individuals who attain age 70\1/2\ after such date. + SEC. 115. SPECIAL RULES FOR MINIMUM FUNDING STANDARDS FOR COMMUNITY + NEWSPAPER PLANS. + (a) Amendment to Internal Revenue Code of 1986.--Section 430 of the +Internal Revenue Code of 1986 is amended by adding at the end the +following new subsection: + ``(m) Special Rules for Community Newspaper Plans.-- + ``(1) In general.--The plan sponsor of a community newspaper + plan under which no participant has had the participant's accrued + benefit increased (whether because of service or compensation) + after December 31, 2017, may elect to have the alternative + standards described in paragraph (3) apply to such plan, and any + plan sponsored by any member of the same controlled group. + ``(2) Election.--An election under paragraph (1) shall be made + at such time and in such manner as prescribed by the Secretary. + Such election, once made with respect to a plan year, shall apply + to all subsequent plan years unless revoked with the consent of the + Secretary. + ``(3) Alternative minimum funding standards.--The alternative + standards described in this paragraph are the following: + ``(A) Interest rates.-- + ``(i) In general.--Notwithstanding subsection (h)(2)(C) + and except as provided in clause (ii), the first, second, + and third segment rates in effect for any month for + purposes of this section shall be 8 percent. + ``(ii) New benefit accruals.--Notwithstanding + subsection (h)(2), for purposes of determining the funding + target and normal cost of a plan for any plan year, the + present value of any benefits accrued or earned under the + plan for a plan year with respect to which an election + under paragraph (1) is in effect shall be determined on the + basis of the United States Treasury obligation yield curve + for the day that is the valuation date of such plan for + such plan year. + ``(iii) United states treasury obligation yield + curve.--For purposes of this subsection, the term `United + States Treasury obligation yield curve' means, with respect + to any day, a yield curve which shall be prescribed by the + Secretary for such day on interest-bearing obligations of + the United States. + ``(B) Shortfall amortization base.-- + ``(i) Previous shortfall amortization bases.--The + shortfall amortization bases determined under subsection + (c)(3) for all plan years preceding the first plan year to + which the election under paragraph (1) applies (and all + shortfall amortization installments determined with respect + to such bases) shall be reduced to zero under rules similar + to the rules of subsection (c)(6). + ``(ii) New shortfall amortization base.-- + Notwithstanding subsection (c)(3), the shortfall + amortization base for the first plan year to which the + election under paragraph (1) applies shall be the funding + shortfall of such plan for such plan year (determined using + the interest rates as modified under subparagraph (A)). + ``(C) Determination of shortfall amortization + installments.-- + ``(i) 30-year period.--Subparagraphs (A) and (B) of + subsection (c)(2) shall be applied by substituting `30- + plan-year' for `7-plan-year' each place it appears. + ``(ii) No special election.--The election under + subparagraph (D) of subsection (c)(2) shall not apply to + any plan year to which the election under paragraph (1) + applies. + ``(D) Exemption from at-risk treatment.--Subsection (i) + shall not apply. + ``(4) Community newspaper plan.--For purposes of this + subsection-- + ``(A) In general.--The term `community newspaper plan' + means a plan to which this section applies maintained by an + employer which, as of December 31, 2017-- + ``(i) publishes and distributes daily, either + electronically or in printed form, 1 or more community + newspapers in a single State, + ``(ii) is not a company the stock of which is publicly + traded (on a stock exchange or in an over-the-counter + market), and is not controlled, directly or indirectly, by + such a company, + ``(iii) is controlled, directly or indirectly-- + + ``(I) by 1 or more persons residing primarily in + the State in which the community newspaper is + published, + ``(II) for not less than 30 years by individuals + who are members of the same family, + ``(III) by a trust created or organized in the + State in which the community newspaper is published, + the sole trustees of which are persons described in + subclause (I) or (II), + ``(IV) by an entity which is described in section + 501(c)(3) and exempt from taxation under section + 501(a), which is organized and operated in the State in + which the community newspaper is published, and the + primary purpose of which is to benefit communities in + such State, or + ``(V) by a combination of persons described in + subclause (I), (III), or (IV), and + + ``(iv) does not control, directly or indirectly, any + newspaper in any other State. + ``(B) Community newspaper.--The term `community newspaper' + means a newspaper which primarily serves a metropolitan + statistical area, as determined by the Office of Management and + Budget, with a population of not less than 100,000. + ``(C) Control.--A person shall be treated as controlled by + another person if such other person possesses, directly or + indirectly, the power to direct or cause the direction and + management of such person (including the power to elect a + majority of the members of the board of directors of such + person) through the ownership of voting securities. + ``(5) Controlled group.--For purposes of this subsection, the + term `controlled group' means all persons treated as a single + employer under subsection (b), (c), (m), or (o) of section 414 as + of the date of the enactment of this subsection.''. + (b) Amendment to Employee Retirement Income Security Act of 1974.-- +Section 303 of the Employee Retirement Income Security Act of 1974 (29 +U.S.C. 1083) is amended by adding at the end the following new +subsection: + ``(m) Special Rules for Community Newspaper Plans.-- + ``(1) In general.--The plan sponsor of a community newspaper + plan under which no participant has had the participant's accrued + benefit increased (whether because of service or compensation) + after December 31, 2017, may elect to have the alternative + standards described in paragraph (3) apply to such plan, and any + plan sponsored by any member of the same controlled group. + ``(2) Election.--An election under paragraph (1) shall be made + at such time and in such manner as prescribed by the Secretary of + the Treasury. Such election, once made with respect to a plan year, + shall apply to all subsequent plan years unless revoked with the + consent of the Secretary of the Treasury. + ``(3) Alternative minimum funding standards.--The alternative + standards described in this paragraph are the following: + ``(A) Interest rates.-- + ``(i) In general.--Notwithstanding subsection (h)(2)(C) + and except as provided in clause (ii), the first, second, + and third segment rates in effect for any month for + purposes of this section shall be 8 percent. + ``(ii) New benefit accruals.--Notwithstanding + subsection (h)(2), for purposes of determining the funding + target and normal cost of a plan for any plan year, the + present value of any benefits accrued or earned under the + plan for a plan year with respect to which an election + under paragraph (1) is in effect shall be determined on the + basis of the United States Treasury obligation yield curve + for the day that is the valuation date of such plan for + such plan year. + ``(iii) United states treasury obligation yield + curve.--For purposes of this subsection, the term `United + States Treasury obligation yield curve' means, with respect + to any day, a yield curve which shall be prescribed by the + Secretary of the Treasury for such day on interest-bearing + obligations of the United States. + ``(B) Shortfall amortization base.-- + ``(i) Previous shortfall amortization bases.--The + shortfall amortization bases determined under subsection + (c)(3) for all plan years preceding the first plan year to + which the election under paragraph (1) applies (and all + shortfall amortization installments determined with respect + to such bases) shall be reduced to zero under rules similar + to the rules of subsection (c)(6). + ``(ii) New shortfall amortization base.-- + Notwithstanding subsection (c)(3), the shortfall + amortization base for the first plan year to which the + election under paragraph (1) applies shall be the funding + shortfall of such plan for such plan year (determined using + the interest rates as modified under subparagraph (A)). + ``(C) Determination of shortfall amortization + installments.-- + ``(i) 30-year period.--Subparagraphs (A) and (B) of + subsection (c)(2) shall be applied by substituting `30- + plan-year' for `7-plan-year' each place it appears. + ``(ii) No special election.--The election under + subparagraph (D) of subsection (c)(2) shall not apply to + any plan year to which the election under paragraph (1) + applies. + ``(D) Exemption from at-risk treatment.--Subsection (i) + shall not apply. + ``(4) Community newspaper plan.--For purposes of this + subsection-- + ``(A) In general.--The term `community newspaper plan' + means a plan to which this section applies maintained by an + employer which, as of December 31, 2017-- + ``(i) publishes and distributes daily, either + electronically or in printed form-- + + ``(I) a community newspaper, or + ``(II) 1 or more community newspapers in the same + State, + + ``(ii) is not a company the stock of which is publicly + traded (on a stock exchange or in an over-the-counter + market), and is not controlled, directly or indirectly, by + such a company, + ``(iii) is controlled, directly or indirectly-- + + ``(I) by 1 or more persons residing primarily in + the State in which the community newspaper is + published, + ``(II) for not less than 30 years by individuals + who are members of the same family, + ``(III) by a trust created or organized in the + State in which the community newspaper is published, + the sole trustees of which are persons described in + subclause (I) or (II), + ``(IV) by an entity which is described in section + 501(c)(3) of the Internal Revenue Code of 1986 and + exempt from taxation under section 501(a) of such Code, + which is organized and operated in the State in which + the community newspaper is published, and the primary + purpose of which is to benefit communities in such + State, or + ``(V) by a combination of persons described in + subclause (I), (III), or (IV), and + + ``(iv) does not control, directly or indirectly, any + newspaper in any other State. + ``(B) Community newspaper.--The term `community newspaper' + means a newspaper which primarily serves a metropolitan + statistical area, as determined by the Office of Management and + Budget, with a population of not less than 100,000. + ``(C) Control.--A person shall be treated as controlled by + another person if such other person possesses, directly or + indirectly, the power to direct or cause the direction and + management of such person (including the power to elect a + majority of the members of the board of directors of such + person) through the ownership of voting securities. + ``(5) Controlled group.--For purposes of this subsection, the + term `controlled group' means all persons treated as a single + employer under subsection (b), (c), (m), or (o) of section 414 of + the Internal Revenue Code of 1986 as of the date of the enactment + of this subsection. + ``(6) Effect on premium rate calculation.--Notwithstanding any + other provision of law or any regulation issued by the Pension + Benefit Guaranty Corporation, in the case of a plan for which an + election is made to apply the alternative standards described in + paragraph (3), the additional premium under section 4006(a)(3)(E) + shall be determined as if such election had not been made.''. + (c) Effective Date.--The amendments made by this section shall +apply to plan years ending after December 31, 2017. + SEC. 116. TREATING EXCLUDED DIFFICULTY OF CARE PAYMENTS AS + COMPENSATION FOR DETERMINING RETIREMENT CONTRIBUTION LIMITATIONS. + (a) Individual Retirement Accounts.-- + (1) In general.--Section 408(o) of the Internal Revenue Code of + 1986 is amended by adding at the end the following new paragraph: + ``(5) Special rule for difficulty of care payments excluded + from gross income.--In the case of an individual who for a taxable + year excludes from gross income under section 131 a qualified + foster care payment which is a difficulty of care payment, if-- + ``(A) the deductible amount in effect for the taxable year + under subsection (b), exceeds + ``(B) the amount of compensation includible in the + individual's gross income for the taxable year, + the individual may elect to increase the nondeductible limit under + paragraph (2) for the taxable year by an amount equal to the lesser + of such excess or the amount so excluded.''. + (2) Effective date.--The amendments made by this subsection + shall apply to contributions after the date of the enactment of + this Act. + (b) Defined Contribution Plans.-- + (1) In general.--Section 415(c) of such Code is amended by + adding at the end the following new paragraph: + ``(8) Special rule for difficulty of care payments excluded + from gross income.-- + ``(A) In general.--For purposes of paragraph (1)(B), in the + case of an individual who for a taxable year excludes from + gross income under section 131 a qualified foster care payment + which is a difficulty of care payment, the participant's + compensation, or earned income, as the case may be, shall be + increased by the amount so excluded. + ``(B) Contributions allocable to difficulty of care + payments treated as after-tax.--Any contribution by the + participant which is allowable due to such increase-- + ``(i) shall be treated for purposes of this title as + investment in the contract, and + ``(ii) shall not cause a plan (and any arrangement + which is part of such plan) to be treated as failing to + meet any requirements of this chapter solely by reason of + allowing any such contributions.''. + (2) Effective date.--The amendment made by this subsection + shall apply to plan years beginning after December 31, 2015. + + TITLE II--ADMINISTRATIVE IMPROVEMENTS + + SEC. 201. PLAN ADOPTED BY FILING DUE DATE FOR YEAR MAY BE TREATED + AS IN EFFECT AS OF CLOSE OF YEAR. + (a) In General.--Subsection (b) of section 401 of the Internal +Revenue Code of 1986 is amended-- + (1) by striking ``Retroactive Changes in Plan.--A stock bonus'' + and inserting ``Plan Amendments.-- + ``(1) Certain retroactive changes in plan.--A stock bonus''; + and + (2) by adding at the end the following new paragraph: + ``(2) Adoption of plan.--If an employer adopts a stock bonus, + pension, profit-sharing, or annuity plan after the close of a + taxable year but before the time prescribed by law for filing the + return of the employer for the taxable year (including extensions + thereof), the employer may elect to treat the plan as having been + adopted as of the last day of the taxable year.''. + (b) Effective Date.--The amendments made by this section shall +apply to plans adopted for taxable years beginning after December 31, +2019. + SEC. 202. COMBINED ANNUAL REPORT FOR GROUP OF PLANS. + (a) In General.--The Secretary of the Treasury and the Secretary of +Labor shall, in cooperation, modify the returns required under section +6058 of the Internal Revenue Code of 1986 and the reports required by +section 104 of the Employee Retirement Income Security Act of 1974 (29 +U.S.C. 1024) so that all members of a group of plans described in +subsection (c) may file a single aggregated annual return or report +satisfying the requirements of both such sections. + (b) Administrative Requirements.--In developing the consolidated +return or report under subsection (a), the Secretary of the Treasury +and the Secretary of Labor may require such return or report to include +any information regarding each plan in the group as such Secretaries +determine is necessary or appropriate for the enforcement and +administration of the Internal Revenue Code of 1986 and the Employee +Retirement Income Security Act of 1974 and shall require such +information as will enable a participant in a plan to identify any +aggregated return or report filed with respect to the plan. + (c) Plans Described.--A group of plans is described in this +subsection if all plans in the group-- + (1) are individual account plans or defined contribution plans + (as defined in section 3(34) of the Employee Retirement Income + Security Act of 1974 (29 U.S.C. 1002(34)) or in section 414(i) of + the Internal Revenue Code of 1986); + (2) have-- + (A) the same trustee (as described in section 403(a) of + such Act (29 U.S.C. 1103(a))); + (B) the same one or more named fiduciaries (as described in + section 402(a) of such Act (29 U.S.C. 1102(a))); + (C) the same administrator (as defined in section 3(16)(A) + of such Act (29 U.S.C. 1002(16)(A))) and plan administrator (as + defined in section 414(g) of the Internal Revenue Code of + 1986); and + (D) plan years beginning on the same date; and + (3) provide the same investments or investment options to + participants and beneficiaries. +A plan not subject to title I of the Employee Retirement Income +Security Act of 1974 shall be treated as meeting the requirements of +paragraph (2) as part of a group of plans if the same person that +performs each of the functions described in such paragraph, as +applicable, for all other plans in such group performs each of such +functions for such plan. + (d) Clarification Relating to Electronic Filing of Returns for +Deferred Compensation Plans.-- + (1) In general.--Section 6011(e) of the Internal Revenue Code + of 1986 is amended by adding at the end the following new + paragraph: + ``(6) Application of numerical limitation to returns relating + to deferred compensation plans.--For purposes of applying the + numerical limitation under paragraph (2)(A) to any return required + under section 6058, information regarding each plan for which + information is provided on such return shall be treated as a + separate return.''. + (2) Effective date.--The amendment made by paragraph (1) shall + apply to returns required to be filed with respect to plan years + beginning after December 31, 2019. + (e) Effective Date.--The modification required by subsection (a) +shall be implemented not later than January 1, 2022, and shall apply to +returns and reports for plan years beginning after December 31, 2021. + SEC. 203. DISCLOSURE REGARDING LIFETIME INCOME. + (a) In General.--Subparagraph (B) of section 105(a)(2) of the +Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) +is amended-- + (1) in clause (i), by striking ``and'' at the end; + (2) in clause (ii), by striking ``diversification.'' and + inserting ``diversification, and''; and + (3) by inserting at the end the following: + ``(iii) the lifetime income disclosure described in + subparagraph (D)(i). + In the case of pension benefit statements described in clause + (i) of paragraph (1)(A), a lifetime income disclosure under + clause (iii) of this subparagraph shall be required to be + included in only one pension benefit statement during any one + 12-month period.''. + (b) Lifetime Income.--Paragraph (2) of section 105(a) of the +Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)) is +amended by adding at the end the following new subparagraph: + ``(D) Lifetime income disclosure.-- + ``(i) In general.-- + + ``(I) Disclosure.--A lifetime income disclosure + shall set forth the lifetime income stream equivalent + of the total benefits accrued with respect to the + participant or beneficiary. + ``(II) Lifetime income stream equivalent of the + total benefits accrued.--For purposes of this + subparagraph, the term `lifetime income stream + equivalent of the total benefits accrued' means the + amount of monthly payments the participant or + beneficiary would receive if the total accrued benefits + of such participant or beneficiary were used to provide + lifetime income streams described in subclause (III), + based on assumptions specified in rules prescribed by + the Secretary. + ``(III) Lifetime income streams.--The lifetime + income streams described in this subclause are a + qualified joint and survivor annuity (as defined in + section 205(d)), based on assumptions specified in + rules prescribed by the Secretary, including the + assumption that the participant or beneficiary has a + spouse of equal age, and a single life annuity. Such + lifetime income streams may have a term certain or + other features to the extent permitted under rules + prescribed by the Secretary. + + ``(ii) Model disclosure.--Not later than 1 year after + the date of the enactment of the Setting Every Community Up + for Retirement Enhancement Act of 2019, the Secretary shall + issue a model lifetime income disclosure, written in a + manner so as to be understood by the average plan + participant, which-- + + ``(I) explains that the lifetime income stream + equivalent is only provided as an illustration; + ``(II) explains that the actual payments under the + lifetime income stream described in clause (i)(III) + which may be purchased with the total benefits accrued + will depend on numerous factors and may vary + substantially from the lifetime income stream + equivalent in the disclosures; + ``(III) explains the assumptions upon which the + lifetime income stream equivalent was determined; and + ``(IV) provides such other similar explanations as + the Secretary considers appropriate. + + ``(iii) Assumptions and rules.--Not later than 1 year + after the date of the enactment of the Setting Every + Community Up for Retirement Enhancement Act of 2019, the + Secretary shall-- + + ``(I) prescribe assumptions which administrators of + individual account plans may use in converting total + accrued benefits into lifetime income stream + equivalents for purposes of this subparagraph; and + ``(II) issue interim final rules under clause (i). + + In prescribing assumptions under subclause (I), the + Secretary may prescribe a single set of specific + assumptions (in which case the Secretary may issue tables + or factors which facilitate such conversions), or ranges of + permissible assumptions. To the extent that an accrued + benefit is or may be invested in a lifetime income stream + described in clause (i)(III), the assumptions prescribed + under subclause (I) shall, to the extent appropriate, + permit administrators of individual account plans to use + the amounts payable under such lifetime income stream as a + lifetime income stream equivalent. + ``(iv) Limitation on liability.--No plan fiduciary, + plan sponsor, or other person shall have any liability + under this title solely by reason of the provision of + lifetime income stream equivalents which are derived in + accordance with the assumptions and rules described in + clause (iii) and which include the explanations contained + in the model lifetime income disclosure described in clause + (ii). This clause shall apply without regard to whether the + provision of such lifetime income stream equivalent is + required by subparagraph (B)(iii). + ``(v) Effective date.--The requirement in subparagraph + (B)(iii) shall apply to pension benefit statements + furnished more than 12 months after the latest of the + issuance by the Secretary of-- + + ``(I) interim final rules under clause (i); + ``(II) the model disclosure under clause (ii); or + ``(III) the assumptions under clause (iii).''. + + SEC. 204. FIDUCIARY SAFE HARBOR FOR SELECTION OF LIFETIME INCOME + PROVIDER. + Section 404 of the Employee Retirement Income Security Act of 1974 +(29 U.S.C. 1104) is amended by adding at the end the following: + ``(e) Safe Harbor for Annuity Selection.-- + ``(1) In general.--With respect to the selection of an insurer + for a guaranteed retirement income contract, the requirements of + subsection (a)(1)(B) will be deemed to be satisfied if a + fiduciary-- + ``(A) engages in an objective, thorough, and analytical + search for the purpose of identifying insurers from which to + purchase such contracts; + ``(B) with respect to each insurer identified under + subparagraph (A)-- + ``(i) considers the financial capability of such + insurer to satisfy its obligations under the guaranteed + retirement income contract; and + ``(ii) considers the cost (including fees and + commissions) of the guaranteed retirement income contract + offered by the insurer in relation to the benefits and + product features of the contract and administrative + services to be provided under such contract; and + ``(C) on the basis of such consideration, concludes that-- + ``(i) at the time of the selection, the insurer is + financially capable of satisfying its obligations under the + guaranteed retirement income contract; and + ``(ii) the relative cost of the selected guaranteed + retirement income contract as described in subparagraph + (B)(ii) is reasonable. + ``(2) Financial capability of the insurer.--A fiduciary will be + deemed to satisfy the requirements of paragraphs (1)(B)(i) and + (1)(C)(i) if-- + ``(A) the fiduciary obtains written representations from + the insurer that-- + ``(i) the insurer is licensed to offer guaranteed + retirement income contracts; + ``(ii) the insurer, at the time of selection and for + each of the immediately preceding 7 plan years-- + + ``(I) operates under a certificate of authority + from the insurance commissioner of its domiciliary + State which has not been revoked or suspended; + ``(II) has filed audited financial statements in + accordance with the laws of its domiciliary State under + applicable statutory accounting principles; + ``(III) maintains (and has maintained) reserves + which satisfies all the statutory requirements of all + States where the insurer does business; and + ``(IV) is not operating under an order of + supervision, rehabilitation, or liquidation; + + ``(iii) the insurer undergoes, at least every 5 years, + a financial examination (within the meaning of the law of + its domiciliary State) by the insurance commissioner of the + domiciliary State (or representative, designee, or other + party approved by such commissioner); and + ``(iv) the insurer will notify the fiduciary of any + change in circumstances occurring after the provision of + the representations in clauses (i), (ii), and (iii) which + would preclude the insurer from making such representations + at the time of issuance of the guaranteed retirement income + contract; and + ``(B) after receiving such representations and as of the + time of selection, the fiduciary has not received any notice + described in subparagraph (A)(iv) and is in possession of no + other information which would cause the fiduciary to question + the representations provided. + ``(3) No requirement to select lowest cost.--Nothing in this + subsection shall be construed to require a fiduciary to select the + lowest cost contract. A fiduciary may consider the value of a + contract, including features and benefits of the contract and + attributes of the insurer (including, without limitation, the + insurer's financial strength) in conjunction with the cost of the + contract. + ``(4) Time of selection.-- + ``(A) In general.--For purposes of this subsection, the + time of selection is-- + ``(i) the time that the insurer and the contract are + selected for distribution of benefits to a specific + participant or beneficiary; or + ``(ii) if the fiduciary periodically reviews the + continuing appropriateness of the conclusion described in + paragraph (1)(C) with respect to a selected insurer, taking + into account the considerations described in such + paragraph, the time that the insurer and the contract are + selected to provide benefits at future dates to + participants or beneficiaries under the plan. + Nothing in the preceding sentence shall be construed to require + the fiduciary to review the appropriateness of a selection + after the purchase of a contract for a participant or + beneficiary. + ``(B) Periodic review.--A fiduciary will be deemed to have + conducted the periodic review described in subparagraph (A)(ii) + if the fiduciary obtains the written representations described + in clauses (i), (ii), and (iii) of paragraph (2)(A) from the + insurer on an annual basis, unless the fiduciary receives any + notice described in paragraph (2)(A)(iv) or otherwise becomes + aware of facts that would cause the fiduciary to question such + representations. + ``(5) Limited liability.--A fiduciary which satisfies the + requirements of this subsection shall not be liable following the + distribution of any benefit, or the investment by or on behalf of a + participant or beneficiary pursuant to the selected guaranteed + retirement income contract, for any losses that may result to the + participant or beneficiary due to an insurer's inability to satisfy + its financial obligations under the terms of such contract. + ``(6) Definitions.--For purposes of this subsection-- + ``(A) Insurer.--The term `insurer' means an insurance + company, insurance service, or insurance organization, + including affiliates of such companies. + ``(B) Guaranteed retirement income contract.--The term + `guaranteed retirement income contract' means an annuity + contract for a fixed term or a contract (or provision or + feature thereof) which provides guaranteed benefits annually + (or more frequently) for at least the remainder of the life of + the participant or the joint lives of the participant and the + participant's designated beneficiary as part of an individual + account plan.''. + SEC. 205. MODIFICATION OF NONDISCRIMINATION RULES TO PROTECT OLDER, + LONGER SERVICE PARTICIPANTS. + (a) In General.--Section 401 of the Internal Revenue Code of 1986 +is amended-- + (1) by redesignating subsection (o) as subsection (p); and + (2) by inserting after subsection (n) the following new + subsection: + ``(o) Special Rules for Applying Nondiscrimination Rules to Protect +Older, Longer Service and Grandfathered Participants.-- + ``(1) Testing of defined benefit plans with closed classes of + participants.-- + ``(A) Benefits, rights, or features provided to closed + classes.--A defined benefit plan which provides benefits, + rights, or features to a closed class of participants shall not + fail to satisfy the requirements of subsection (a)(4) by reason + of the composition of such closed class or the benefits, + rights, or features provided to such closed class, if-- + ``(i) for the plan year as of which the class closes + and the 2 succeeding plan years, such benefits, rights, and + features satisfy the requirements of subsection (a)(4) + (without regard to this subparagraph but taking into + account the rules of subparagraph (I)), + ``(ii) after the date as of which the class was closed, + any plan amendment which modifies the closed class or the + benefits, rights, and features provided to such closed + class does not discriminate significantly in favor of + highly compensated employees, and + ``(iii) the class was closed before April 5, 2017, or + the plan is described in subparagraph (C). + ``(B) Aggregate testing with defined contribution plans + permitted on a benefits basis.-- + ``(i) In general.--For purposes of determining + compliance with subsection (a)(4) and section 410(b), a + defined benefit plan described in clause (iii) may be + aggregated and tested on a benefits basis with 1 or more + defined contribution plans, including with the portion of 1 + or more defined contribution plans which-- + + ``(I) provides matching contributions (as defined + in subsection (m)(4)(A)), + ``(II) provides annuity contracts described in + section 403(b) which are purchased with matching + contributions or nonelective contributions, or + ``(III) consists of an employee stock ownership + plan (within the meaning of section 4975(e)(7)) or a + tax credit employee stock ownership plan (within the + meaning of section 409(a)). + + ``(ii) Special rules for matching contributions.--For + purposes of clause (i), if a defined benefit plan is + aggregated with a portion of a defined contribution plan + providing matching contributions-- + + ``(I) such defined benefit plan must also be + aggregated with any portion of such defined + contribution plan which provides elective deferrals + described in subparagraph (A) or (C) of section + 402(g)(3), and + ``(II) such matching contributions shall be treated + in the same manner as nonelective contributions, + including for purposes of applying the rules of + subsection (l). + + ``(iii) Plans described.--A defined benefit plan is + described in this clause if-- + + ``(I) the plan provides benefits to a closed class + of participants, + ``(II) for the plan year as of which the class + closes and the 2 succeeding plan years, the plan + satisfies the requirements of section 410(b) and + subsection (a)(4) (without regard to this subparagraph + but taking into account the rules of subparagraph (I)), + ``(III) after the date as of which the class was + closed, any plan amendment which modifies the closed + class or the benefits provided to such closed class + does not discriminate significantly in favor of highly + compensated employees, and + ``(IV) the class was closed before April 5, 2017, + or the plan is described in subparagraph (C). + + ``(C) Plans described.--A plan is described in this + subparagraph if, taking into account any predecessor plan-- + ``(i) such plan has been in effect for at least 5 years + as of the date the class is closed, and + ``(ii) during the 5-year period preceding the date the + class is closed, there has not been a substantial increase + in the coverage or value of the benefits, rights, or + features described in subparagraph (A) or in the coverage + or benefits under the plan described in subparagraph + (B)(iii) (whichever is applicable). + ``(D) Determination of substantial increase for benefits, + rights, and features.--In applying subparagraph (C)(ii) for + purposes of subparagraph (A)(iii), a plan shall be treated as + having had a substantial increase in coverage or value of the + benefits, rights, or features described in subparagraph (A) + during the applicable 5-year period only if, during such + period-- + ``(i) the number of participants covered by such + benefits, rights, or features on the date such period ends + is more than 50 percent greater than the number of such + participants on the first day of the plan year in which + such period began, or + ``(ii) such benefits, rights, and features have been + modified by 1 or more plan amendments in such a way that, + as of the date the class is closed, the value of such + benefits, rights, and features to the closed class as a + whole is substantially greater than the value as of the + first day of such 5-year period, solely as a result of such + amendments. + ``(E) Determination of substantial increase for aggregate + testing on benefits basis.--In applying subparagraph (C)(ii) + for purposes of subparagraph (B)(iii)(IV), a plan shall be + treated as having had a substantial increase in coverage or + benefits during the applicable 5-year period only if, during + such period-- + ``(i) the number of participants benefitting under the + plan on the date such period ends is more than 50 percent + greater than the number of such participants on the first + day of the plan year in which such period began, or + ``(ii) the average benefit provided to such + participants on the date such period ends is more than 50 + percent greater than the average benefit provided on the + first day of the plan year in which such period began. + ``(F) Certain employees disregarded.--For purposes of + subparagraphs (D) and (E), any increase in coverage or value or + in coverage or benefits, whichever is applicable, which is + attributable to such coverage and value or coverage and + benefits provided to employees-- + ``(i) who became participants as a result of a merger, + acquisition, or similar event which occurred during the 7- + year period preceding the date the class is closed, or + ``(ii) who became participants by reason of a merger of + the plan with another plan which had been in effect for at + least 5 years as of the date of the merger, + shall be disregarded, except that clause (ii) shall apply for + purposes of subparagraph (D) only if, under the merger, the + benefits, rights, or features under 1 plan are conformed to the + benefits, rights, or features of the other plan prospectively. + ``(G) Rules relating to average benefit.--For purposes of + subparagraph (E)-- + ``(i) the average benefit provided to participants + under the plan will be treated as having remained the same + between the 2 dates described in subparagraph (E)(ii) if + the benefit formula applicable to such participants has not + changed between such dates, and + ``(ii) if the benefit formula applicable to 1 or more + participants under the plan has changed between such 2 + dates, then the average benefit under the plan shall be + considered to have increased by more than 50 percent only + if-- + + ``(I) the total amount determined under section + 430(b)(1)(A)(i) for all participants benefitting under + the plan for the plan year in which the 5-year period + described in subparagraph (E) ends, exceeds + ``(II) the total amount determined under section + 430(b)(1)(A)(i) for all such participants for such plan + year, by using the benefit formula in effect for each + such participant for the first plan year in such 5-year + period, -SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. + by more than 50 percent. In the case of a CSEC plan (as + defined in section 414(y)), the normal cost of the plan (as + determined under section 433(j)(1)(B)) shall be used in + lieu of the amount determined under section + 430(b)(1)(A)(i). + ``(H) Treatment as single plan.--For purposes of + subparagraphs (E) and (G), a plan described in section 413(c) + shall be treated as a single plan rather than as separate plans + maintained by each employer in the plan. + ``(I) Special rules.--For purposes of subparagraphs (A)(i) + and (B)(iii)(II), the following rules shall apply: + ``(i) In applying section 410(b)(6)(C), the closing of + the class of participants shall not be treated as a + significant change in coverage under section + 410(b)(6)(C)(i)(II). + ``(ii) 2 or more plans shall not fail to be eligible to + be aggregated and treated as a single plan solely by reason + of having different plan years. + ``(iii) Changes in the employee population shall be + disregarded to the extent attributable to individuals who + become employees or cease to be employees, after the date + the class is closed, by reason of a merger, acquisition, + divestiture, or similar event. + ``(iv) Aggregation and all other testing methodologies + otherwise applicable under subsection (a)(4) and section + 410(b) may be taken into account. + The rule of clause (ii) shall also apply for purposes of + determining whether plans to which subparagraph (B)(i) applies + may be aggregated and treated as 1 plan for purposes of + determining whether such plans meet the requirements of + subsection (a)(4) and section 410(b). + ``(J) Spun-off plans.--For purposes of this paragraph, if a + portion of a defined benefit plan described in subparagraph (A) + or (B)(iii) is spun off to another employer and the spun-off + plan continues to satisfy the requirements of-- + ``(i) subparagraph (A)(i) or (B)(iii)(II), whichever is + applicable, if the original plan was still within the 3- + year period described in such subparagraph at the time of + the spin off, and + ``(ii) subparagraph (A)(ii) or (B)(iii)(III), whichever + is applicable, + the treatment under subparagraph (A) or (B) of the spun-off + plan shall continue with respect to such other employer. + ``(2) Testing of defined contribution plans.-- + ``(A) Testing on a benefits basis.--A defined contribution + plan shall be permitted to be tested on a benefits basis if-- + ``(i) such defined contribution plan provides make- + whole contributions to a closed class of participants whose + accruals under a defined benefit plan have been reduced or + eliminated, + ``(ii) for the plan year of the defined contribution + plan as of which the class eligible to receive such make- + whole contributions closes and the 2 succeeding plan years, + such closed class of participants satisfies the + requirements of section 410(b)(2)(A)(i) (determined by + applying the rules of paragraph (1)(I)), + ``(iii) after the date as of which the class was + closed, any plan amendment to the defined contribution plan + which modifies the closed class or the allocations, + benefits, rights, and features provided to such closed + class does not discriminate significantly in favor of + highly compensated employees, and + ``(iv) the class was closed before April 5, 2017, or + the defined benefit plan under clause (i) is described in + paragraph (1)(C) (as applied for purposes of paragraph + (1)(B)(iii)(IV)). + ``(B) Aggregation with plans including matching + contributions.-- + ``(i) In general.--With respect to 1 or more defined + contribution plans described in subparagraph (A), for + purposes of determining compliance with subsection (a)(4) + and section 410(b), the portion of such plans which + provides make-whole contributions or other nonelective + contributions may be aggregated and tested on a benefits + basis with the portion of 1 or more other defined + contribution plans which-- - The budgetary effects of this Act, for the purpose of complying -with the Statutory Pay-As-You-Go Act of 2010, shall be determined by -reference to the latest statement titled ``Budgetary Effects of PAYGO -Legislation'' for this Act, submitted for printing in the Congressional -Record by the Chairman of the House Budget Committee, provided that -such statement has been submitted prior to the vote on passage. + ``(I) provides matching contributions (as defined + in subsection (m)(4)(A)), + ``(II) provides annuity contracts described in + section 403(b) which are purchased with matching + contributions or nonelective contributions, or + ``(III) consists of an employee stock ownership + plan (within the meaning of section 4975(e)(7)) or a + tax credit employee stock ownership plan (within the + meaning of section 409(a)). + + ``(ii) Special rules for matching contributions.--Rules + similar to the rules of paragraph (1)(B)(ii) shall apply + for purposes of clause (i). + ``(C) Special rules for testing defined contribution plan + features providing matching contributions to certain older, + longer service participants.--In the case of a defined + contribution plan which provides benefits, rights, or features + to a closed class of participants whose accruals under a + defined benefit plan have been reduced or eliminated, the plan + shall not fail to satisfy the requirements of subsection (a)(4) + solely by reason of the composition of the closed class or the + benefits, rights, or features provided to such closed class if + the defined contribution plan and defined benefit plan + otherwise meet the requirements of subparagraph (A) but for the + fact that the make-whole contributions under the defined + contribution plan are made in whole or in part through matching + contributions. + ``(D) Spun-off plans.--For purposes of this paragraph, if a + portion of a defined contribution plan described in + subparagraph (A) or (C) is spun off to another employer, the + treatment under subparagraph (A) or (C) of the spun-off plan + shall continue with respect to the other employer if such plan + continues to comply with the requirements of clauses (ii) (if + the original plan was still within the 3-year period described + in such clause at the time of the spin off) and (iii) of + subparagraph (A), as determined for purposes of subparagraph + (A) or (C), whichever is applicable. + ``(3) Definitions and special rule.--For purposes of this + subsection-- + ``(A) Make-whole contributions.--Except as otherwise + provided in paragraph (2)(C), the term `make-whole + contributions' means nonelective allocations for each employee + in the class which are reasonably calculated, in a consistent + manner, to replace some or all of the retirement benefits which + the employee would have received under the defined benefit plan + and any other plan or qualified cash or deferred arrangement + under subsection (k)(2) if no change had been made to such + defined benefit plan and such other plan or arrangement. For + purposes of the preceding sentence, consistency shall not be + required with respect to employees who were subject to + different benefit formulas under the defined benefit plan. + ``(B) References to closed class of participants.-- + References to a closed class of participants and similar + references to a closed class shall include arrangements under + which 1 or more classes of participants are closed, except that + 1 or more classes of participants closed on different dates + shall not be aggregated for purposes of determining the date + any such class was closed. + ``(C) Highly compensated employee.--The term `highly + compensated employee' has the meaning given such term in + section 414(q).''. + (b) Participation Requirements.--Paragraph (26) of section 401(a) +of the Internal Revenue Code of 1986 is amended by adding at the end +the following new subparagraph: + ``(I) Protected participants.-- + ``(i) In general.--A plan shall be deemed to satisfy + the requirements of subparagraph (A) if-- + + ``(I) the plan is amended-- + + ``(aa) to cease all benefit accruals, or + ``(bb) to provide future benefit accruals only + to a closed class of participants, + + ``(II) the plan satisfies subparagraph (A) (without + regard to this subparagraph) as of the effective date + of the amendment, and + ``(III) the amendment was adopted before April 5, + 2017, or the plan is described in clause (ii). + + ``(ii) Plans described.--A plan is described in this + clause if the plan would be described in subsection + (o)(1)(C), as applied for purposes of subsection + (o)(1)(B)(iii)(IV) and by treating the effective date of + the amendment as the date the class was closed for purposes + of subsection (o)(1)(C). + ``(iii) Special rules.--For purposes of clause (i)(II), + in applying section 410(b)(6)(C), the amendments described + in clause (i) shall not be treated as a significant change + in coverage under section 410(b)(6)(C)(i)(II). + ``(iv) Spun-off plans.--For purposes of this + subparagraph, if a portion of a plan described in clause + (i) is spun off to another employer, the treatment under + clause (i) of the spun-off plan shall continue with respect + to the other employer.''. + (c) Effective Date.-- + (1) In general.--Except as provided in paragraph (2), the + amendments made by this section shall take effect on the date of + the enactment of this Act, without regard to whether any plan + modifications referred to in such amendments are adopted or + effective before, on, or after such date of enactment. + (2) Special rules.-- + (A) Election of earlier application.--At the election of + the plan sponsor, the amendments made by this section shall + apply to plan years beginning after December 31, 2013. + (B) Closed classes of participants.--For purposes of + paragraphs (1)(A)(iii), (1)(B)(iii)(IV), and (2)(A)(iv) of + section 401(o) of the Internal Revenue Code of 1986 (as added + by this section), a closed class of participants shall be + treated as being closed before April 5, 2017, if the plan + sponsor's intention to create such closed class is reflected in + formal written documents and communicated to participants + before such date. + (C) Certain post-enactment plan amendments.--A plan shall + not be treated as failing to be eligible for the application of + section 401(o)(1)(A), 401(o)(1)(B)(iii), or 401(a)(26) of such + Code (as added by this section) to such plan solely because in + the case of-- + (i) such section 401(o)(1)(A), the plan was amended + before the date of the enactment of this Act to eliminate 1 + or more benefits, rights, or features, and is further + amended after such date of enactment to provide such + previously eliminated benefits, rights, or features to a + closed class of participants, or + (ii) such section 401(o)(1)(B)(iii) or section + 401(a)(26), the plan was amended before the date of the + enactment of this Act to cease all benefit accruals, and is + further amended after such date of enactment to provide + benefit accruals to a closed class of participants. + Any such section shall only apply if the plan otherwise meets + the requirements of such section and in applying such section, + the date the class of participants is closed shall be the + effective date of the later amendment. + SEC. 206. MODIFICATION OF PBGC PREMIUMS FOR CSEC PLANS. + (a) Flat Rate Premium.--Subparagraph (A) of section 4006(a)(3) of +the Employee Retirement Income Security Act of 1974 (29 U.S.C. +1306(a)(3)) is amended-- + (1) in clause (i), by striking ``plan,'' and inserting ``plan + other than a CSEC plan (as defined in section 210(f)(1))''; + (2) in clause (v), by striking ``or'' at the end; + (3) in clause (vi), by striking the period at the end and + inserting ``, or''; and + (4) by adding at the end the following new clause: + ``(vii) in the case of a CSEC plan (as defined in + section 210(f)(1)), for plan years beginning after December + 31, 2018, for each individual who is a participant in such + plan during the plan year an amount equal to the sum of-- + + ``(I) the additional premium (if any) determined + under subparagraph (E), and + ``(II) $19.''. + + (b) Variable Rate Premium.-- + (1) Unfunded vested benefits.-- + (A) In general.--Subparagraph (E) of section 4006(a)(3) of + the Employee Retirement Income Security Act of 1974 (29 U.S.C. + 1306(a)(3)) is amended by adding at the end the following new + clause: + ``(v) For purposes of clause (ii), in the case of a CSEC + plan (as defined in section 210(f)(1)), the term `unfunded + vested benefits' means, for plan years beginning after December + 31, 2018, the excess (if any) of-- + ``(I) the funding liability of the plan as determined + under section 306(j)(5)(C) for the plan year by only taking + into account vested benefits, over + ``(II) the fair market value of plan assets for the + plan year which are held by the plan on the valuation + date.''. + (B) Conforming amendment.--Clause (iii) of section + 4006(a)(3)(E) of such Act (29 U.S.C. 1306(a)(3)(E)) is amended + by striking ``For purposes'' and inserting ``Except as provided + in clause (v), for purposes''. + (2) Applicable dollar amount.-- + (A) In general.--Paragraph (8) of section 4006(a) of such + Act (29 U.S.C. 1306(a)) is amended by adding at the end the + following new subparagraph: + ``(E) CSEC plans.--In the case of a CSEC plan (as defined + in section 210(f)(1)), the applicable dollar amount shall be + $9.''. + (B) Conforming amendment.--Subparagraph (A) of section + 4006(a)(8) of such Act (29 U.S.C. 1306(a)(8)) is amended by + striking ``(B) and (C)'' and inserting ``(B), (C), and (E)''. + + TITLE III--OTHER BENEFITS + + SEC. 301. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND EMERGENCY + MEDICAL RESPONDERS. + (a) Increase in Dollar Limitation on Qualified Payments.-- +Subparagraph (B) of section 139B(c)(2) of the Internal Revenue Code of +1986 is amended by striking ``$30'' and inserting ``$50''. + (b) Extension.--Section 139B(d) of the Internal Revenue Code of +1986 is amended by striking ``beginning after December 31, 2010.'' and +inserting ``beginning-- + ``(1) after December 31, 2010, and before January 1, 2020, or + ``(2) after December 31, 2020.''. + (c) Technical Correction.--Section 3121(a)(23) of such Code is +amended by striking ``139B(b)'' and inserting ``section 139B(a)''. + (d) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2019. + SEC. 302. EXPANSION OF SECTION 529 PLANS. + (a) Distributions for Certain Expenses Associated With Registered +Apprenticeship Programs.--Section 529(c) of the Internal Revenue Code +of 1986 is amended by adding at the end the following new paragraph: + ``(8) Treatment of certain expenses associated with registered + apprenticeship programs.--Any reference in this subsection to the + term `qualified higher education expense' shall include a reference + to expenses for fees, books, supplies, and equipment required for + the participation of a designated beneficiary in an apprenticeship + program registered and certified with the Secretary of Labor under + section 1 of the National Apprenticeship Act (29 U.S.C. 50).''. + (b) Distributions for Qualified Education Loan Repayments.-- + (1) In general.--Section 529(c) of such Code, as amended by + subsection (a), is amended by adding at the end the following new + paragraph: + ``(9) Treatment of qualified education loan repayments.-- + ``(A) In general.--Any reference in this subsection to the + term `qualified higher education expense' shall include a + reference to amounts paid as principal or interest on any + qualified education loan (as defined in section 221(d)) of the + designated beneficiary or a sibling of the designated + beneficiary. + ``(B) Limitation.--The amount of distributions treated as a + qualified higher education expense under this paragraph with + respect to the loans of any individual shall not exceed $10,000 + (reduced by the amount of distributions so treated for all + prior taxable years). + ``(C) Special rules for siblings of the designated + beneficiary.-- + ``(i) Separate accounting.--For purposes of + subparagraph (B) and subsection (d), amounts treated as a + qualified higher education expense with respect to the + loans of a sibling of the designated beneficiary shall be + taken into account with respect to such sibling and not + with respect to such designated beneficiary. + ``(ii) Sibling defined.--For purposes of this + paragraph, the term `sibling' means an individual who bears + a relationship to the designated beneficiary which is + described in section 152(d)(2)(B).''. + (2) Coordination with deduction for student loan interest.-- + Section 221(e)(1) of such Code is amended by adding at the end the + following: ``The deduction otherwise allowable under subsection (a) + (prior to the application of subsection (b)) to the taxpayer for + any taxable year shall be reduced (but not below zero) by so much + of the distributions treated as a qualified higher education + expense under section 529(c)(9) with respect to loans of the + taxpayer as would be includible in gross income under section + 529(c)(3)(A) for such taxable year but for such treatment.''. + (c) Effective Date.--The amendments made by this section shall +apply to distributions made after December 31, 2018. + + TITLE IV--REVENUE PROVISIONS + + SEC. 401. MODIFICATION OF REQUIRED DISTRIBUTION RULES FOR + DESIGNATED BENEFICIARIES. + (a) Modification of Rules Where Employee Dies Before Entire +Distribution.-- + (1) In general.--Section 401(a)(9) of the Internal Revenue Code + of 1986 is amended by adding at the end the following new + subparagraph: + ``(H) Special rules for certain defined contribution + plans.--In the case of a defined contribution plan, if an + employee dies before the distribution of the employee's entire + interest-- + ``(i) In general.--Except in the case of a beneficiary + who is not a designated beneficiary, subparagraph (B)(ii)-- + + ``(I) shall be applied by substituting `10 years' + for `5 years', and + ``(II) shall apply whether or not distributions of + the employee's interests have begun in accordance with + subparagraph (A). + + ``(ii) Exception for eligible designated + beneficiaries.--Subparagraph (B)(iii) shall apply only in + the case of an eligible designated beneficiary. + ``(iii) Rules upon death of eligible designated + beneficiary.--If an eligible designated beneficiary dies + before the portion of the employee's interest to which this + subparagraph applies is entirely distributed, the exception + under clause (ii) shall not apply to any beneficiary of + such eligible designated beneficiary and the remainder of + such portion shall be distributed within 10 years after the + death of such eligible designated beneficiary. + ``(iv) Special rule in case of certain trusts for + disabled or chronically ill beneficiaries.--In the case of + an applicable multi-beneficiary trust, if under the terms + of the trust-- + + ``(I) it is to be divided immediately upon the + death of the employee into separate trusts for each + beneficiary, or + ``(II) no individual (other than a eligible + designated beneficiary described in subclause (III) or + (IV) of subparagraph (E)(ii)) has any right to the + employee's interest in the plan until the death of all + such eligible designated beneficiaries with respect to + the trust, + + for purposes of a trust described in subclause (I), clause + (ii) shall be applied separately with respect to the + portion of the employee's interest that is payable to any + eligible designated beneficiary described in subclause + (III) or (IV) of subparagraph (E)(ii); and, for purposes of + a trust described in subclause (II), subparagraph (B)(iii) + shall apply to the distribution of the employee's interest + and any beneficiary who is not such an eligible designated + beneficiary shall be treated as a beneficiary of the + eligible designated beneficiary upon the death of such + eligible designated beneficiary. + ``(v) Applicable multi-beneficiary trust.--For purposes + of this subparagraph, the term `applicable multi- + beneficiary trust' means a trust-- + + ``(I) which has more than one beneficiary, + ``(II) all of the beneficiaries of which are + treated as designated beneficiaries for purposes of + determining the distribution period pursuant to this + paragraph, and + ``(III) at least one of the beneficiaries of which + is an eligible designated beneficiary described in + subclause (III) or (IV) of subparagraph (E)(ii). + + ``(vi) Application to certain eligible retirement + plans.--For purposes of applying the provisions of this + subparagraph in determining amounts required to be + distributed pursuant to this paragraph, all eligible + retirement plans (as defined in section 402(c)(8)(B), other + than a defined benefit plan described in clause (iv) or (v) + thereof or a qualified trust which is a part of a defined + benefit plan) shall be treated as a defined contribution + plan.''. + (2) Definition of eligible designated beneficiary.--Section + 401(a)(9)(E) of such Code is amended to read as follows: + ``(E) Definitions and rules relating to designated + beneficiaries.--For purposes of this paragraph-- + ``(i) Designated beneficiary.--The term `designated + beneficiary' means any individual designated as a + beneficiary by the employee. + ``(ii) Eligible designated beneficiary.--The term + `eligible designated beneficiary' means, with respect to + any employee, any designated beneficiary who is-- + + ``(I) the surviving spouse of the employee, + ``(II) subject to clause (iii), a child of the + employee who has not reached majority (within the + meaning of subparagraph (F)), + ``(III) disabled (within the meaning of section + 72(m)(7)), + ``(IV) a chronically ill individual (within the + meaning of section 7702B(c)(2), except that the + requirements of subparagraph (A)(i) thereof shall only + be treated as met if there is a certification that, as + of such date, the period of inability described in such + subparagraph with respect to the individual is an + indefinite one which is reasonably expected to be + lengthy in nature), or + ``(V) an individual not described in any of the + preceding subclauses who is not more than 10 years + younger than the employee. + + The determination of whether a designated beneficiary is an + eligible designated beneficiary shall be made as of the + date of death of the employee. + ``(iii) Special rule for children.--Subject to + subparagraph (F), an individual described in clause + (ii)(II) shall cease to be an eligible designated + beneficiary as of the date the individual reaches majority + and any remainder of the portion of the individual's + interest to which subparagraph (H)(ii) applies shall be + distributed within 10 years after such date.''. + (b) Effective Dates.-- + (1) In general.--Except as provided in this subsection, the + amendments made by this section shall apply to distributions with + respect to employees who die after December 31, 2019. + (2) Collective bargaining exception.--In the case of a plan + maintained pursuant to 1 or more collective bargaining agreements + between employee representatives and 1 or more employers ratified + before the date of enactment of this Act, the amendments made by + this section shall apply to distributions with respect to employees + who die in calendar years beginning after the earlier of-- + (A) the later of-- + (i) the date on which the last of such collective + bargaining agreements terminates (determined without regard + to any extension thereof agreed to on or after the date of + the enactment of this Act), or + (ii) December 31, 2019, or + (B) December 31, 2021. + For purposes of subparagraph (A)(i), any plan amendment made + pursuant to a collective bargaining agreement relating to the plan + which amends the plan solely to conform to any requirement added by + this section shall not be treated as a termination of such + collective bargaining agreement. + (3) Governmental plans.--In the case of a governmental plan (as + defined in section 414(d) of the Internal Revenue Code of 1986), + paragraph (1) shall be applied by substituting ``December 31, + 2021'' for ``December 31, 2019''. + (4) Exception for certain existing annuity contracts.-- + (A) In general.--The amendments made by this section shall + not apply to a qualified annuity which is a binding annuity + contract in effect on the date of enactment of this Act and at + all times thereafter. + (B) Qualified annuity.--For purposes of this paragraph, the + term ``qualified annuity'' means, with respect to an employee, + an annuity-- + (i) which is a commercial annuity (as defined in + section 3405(e)(6) of the Internal Revenue Code of 1986); + (ii) under which the annuity payments are made over the + life of the employee or over the joint lives of such + employee and a designated beneficiary (or over a period not + extending beyond the life expectancy of such employee or + the joint life expectancy of such employee and a designated + beneficiary) in accordance with the regulations described + in section 401(a)(9)(A)(ii) of such Code (as in effect + before such amendments) and which meets the other + requirements of section 401(a)(9) of such Code (as so in + effect) with respect to such payments; and + (iii) with respect to which-- + + (I) annuity payments to the employee have begun + before the date of enactment of this Act, and the + employee has made an irrevocable election before such + date as to the method and amount of the annuity + payments to the employee or any designated + beneficiaries; or + (II) if subclause (I) does not apply, the employee + has made an irrevocable election before the date of + enactment of this Act as to the method and amount of + the annuity payments to the employee or any designated + beneficiaries. + + (5) Exception for certain beneficiaries.-- + (A) In general.--If an employee dies before the effective + date, then, in applying the amendments made by this section to + such employee's designated beneficiary who dies after such + date-- + (i) such amendments shall apply to any beneficiary of + such designated beneficiary; and + (ii) the designated beneficiary shall be treated as an + eligible designated beneficiary for purposes of applying + section 401(a)(9)(H)(ii) of the Internal Revenue Code of + 1986 (as in effect after such amendments). + (B) Effective date.--For purposes of this paragraph, the + term ``effective date'' means the first day of the first + calendar year to which the amendments made by this section + apply to a plan with respect to employees dying on or after + such date. + SEC. 402. INCREASE IN PENALTY FOR FAILURE TO FILE. + (a) In General.--The second sentence of subsection (a) of section +6651 of the Internal Revenue Code of 1986 is amended by striking +``$330'' and inserting ``$435''. + (b) Inflation Adjustment.--Section 6651(j)(1) of such Code is +amended by striking ``$330'' and inserting ``$435''. + (c) Effective Date.--The amendments made by this section shall +apply to returns the due date for which (including extensions) is after +December 31, 2019. + SEC. 403. INCREASED PENALTIES FOR FAILURE TO FILE RETIREMENT PLAN + RETURNS. + (a) In General.--Subsection (e) of section 6652 of the Internal +Revenue Code of 1986 is amended-- + (1) by striking ``$25'' and inserting ``$250''; and + (2) by striking ``$15,000'' and inserting ``$150,000''. + (b) Annual Registration Statement and Notification of Changes.-- +Subsection (d) of section 6652 of the Internal Revenue Code of 1986 is +amended-- + (1) by striking ``$1'' both places it appears in paragraphs (1) + and (2) and inserting ``$10''; + (2) by striking ``$5,000'' in paragraph (1) and inserting + ``$50,000''; and + (3) by striking ``$1,000'' in paragraph (2) and inserting + ``$10,000''. + (c) Failure To Provide Notice.--Subsection (h) of section 6652 of +the Internal Revenue Code of 1986 is amended-- + (1) by striking ``$10'' and inserting ``$100''; and + (2) by striking ``$5,000'' and inserting ``$50,000''. + (d) Effective Date.--The amendments made by this section shall +apply to returns, statements, and notifications required to be filed, +and notices required to be provided, after December 31, 2019. + SEC. 404. INCREASE INFORMATION SHARING TO ADMINISTER EXCISE TAXES. + (a) In General.--Section 6103(o) of the Internal Revenue Code of +1986 is amended by adding at the end the following new paragraph: + ``(3) Taxes imposed by section 4481.--Returns and return + information with respect to taxes imposed by section 4481 shall be + open to inspection by or disclosure to officers and employees of + United States Customs and Border Protection of the Department of + Homeland Security whose official duties require such inspection or + disclosure for purposes of administering such section.''. + (b) Conforming Amendments.--Paragraph (4) of section 6103(p) of the +Internal Revenue Code of 1986 is amended by striking ``or (o)(1)(A)'' +each place it appears and inserting ``, (o)(1)(A), or (o)(3)''. + + TITLE V--TAX RELIEF FOR CERTAIN CHILDREN + + SEC. 501. MODIFICATION OF RULES RELATING TO THE TAXATION OF + UNEARNED INCOME OF CERTAIN CHILDREN. + (a) In General.--Section 1(j) of the Internal Revenue Code of 1986 +is amended by striking paragraph (4). + (b) Coordination With Alternative Minimum Tax.--Section 55(d)(4)(A) +of the Internal Revenue Code of 1986 is amended by striking ``and'' at +the end of clause (i)(II), by striking the period at the end of clause +(ii)(III) and inserting ``, and'', and by adding at the end the +following new clause: + ``(iii) subsection (j) of section 59 shall not + apply.''. + (c) Effective Date.-- + (1) In general.--Except as otherwise provided in this + subsection, the amendment made by subsection (a) shall apply to + taxable years beginning after December 31, 2019. + (2) Coordination with alternative minimum tax.--The amendment + made by subsection (b) shall apply to taxable years beginning after + December 31, 2017. + (3) Elective retroactive application.--A taxpayer may elect (at + such time and in such manner as the Secretary of the Treasury (or + the Secretary's designee) may provide) for the amendment made by + subsection (a) to also apply to taxable years of the taxpayer which + begin in 2018, 2019, or both (as specified by the taxpayer in such + election). + + TITLE VI--ADMINISTRATIVE PROVISIONS + + SEC. 601. PROVISIONS RELATING TO PLAN AMENDMENTS. + (a) In General.--If this section applies to any retirement plan or +contract amendment-- + (1) such retirement plan or contract shall be treated as being + operated in accordance with the terms of the plan during the period + described in subsection (b)(2)(A); and + (2) except as provided by the Secretary of the Treasury (or the + Secretary's delegate), such retirement plan shall not fail to meet + the requirements of section 411(d)(6) of the Internal Revenue Code + of 1986 and section 204(g) of the Employee Retirement Income + Security Act of 1974 by reason of such amendment. + (b) Amendments to Which Section Applies.-- + (1) In general.--This section shall apply to any amendment to + any retirement plan or annuity contract which is made-- + (A) pursuant to any amendment made by this Act or pursuant + to any regulation issued by the Secretary of the Treasury or + the Secretary of Labor (or a delegate of either such Secretary) + under this Act; and + (B) on or before the last day of the first plan year + beginning on or after January 1, 2022, or such later date as + the Secretary of the Treasury may prescribe. + In the case of a governmental plan (as defined in section 414(d) of + the Internal Revenue Code of 1986), or an applicable collectively + bargained plan in the case of section 401 (and the amendments made + thereby), this paragraph shall be applied by substituting ``2024'' + for ``2022''. For purposes of the preceding sentence, the term + ``applicable collectively bargained plan'' means a plan maintained + pursuant to 1 or more collective bargaining agreements between + employee representatives and 1 or more employers ratified before + the date of enactment of this Act. + (2) Conditions.--This section shall not apply to any amendment + unless-- + (A) during the period-- + (i) beginning on the date the legislative or regulatory + amendment described in paragraph (1)(A) takes effect (or in + the case of a plan or contract amendment not required by + such legislative or regulatory amendment, the effective + date specified by the plan); and + (ii) ending on the date described in paragraph (1)(B) + (as modified by the second sentence of paragraph (1)) (or, + if earlier, the date the plan or contract amendment is + adopted), + the plan or contract is operated as if such plan or contract + amendment were in effect; and + (B) such plan or contract amendment applies retroactively + for such period. + + DIVISION P--OTHER MATTER + TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM + + SEC. 101. SHORT TITLE. + This title may be cited as the ``Platte River Recovery +Implementation Program Extension Act''. + SEC. 102. PURPOSE. + The purpose of this Act is to authorize the Secretary of the +Interior, acting through the Commissioner of Reclamation and in +partnership with the States, other Federal agencies, and other non- +Federal entities, to continue the cooperative effort among the Federal +and non-Federal entities through the continued implementation of the +Platte River Recovery Implementation Program First Increment Extension +for threatened and endangered species in the Central and Lower Platte +River Basin without creating Federal water rights or requiring the +grant of water rights to Federal entities. + SEC. 103. DEFINITIONS. + In this Act: + (1) Agreement.--The term ``Agreement'' means the Platte River + Recovery Implementation Program Cooperative Agreement entered into + by the Governors of the States and the Secretary, including an + amendment or addendum to the Agreement to extend the Program. + (2) First increment.--The term ``First Increment'' means the + Program's first 13 years from January 1, 2007 through December 31, + 2019. + (3) First increment extension.--The term ``First Increment + Extension'' means the extension of the Program for 13 years from + January 1, 2020 through December 31, 2032. + (4) Governance committee.--The term ``Governance Committee'' + means the governance committee established under the Agreement and + composed of members from the States, the Federal Government, + environmental interests, and water users. + (5) Interest in land or water.--The term ``interest in land or + water'' includes fee title, short- or long-term easement, lease, or + other contractual arrangement that is determined to be necessary by + the Secretary to implement the land and water components of the + Program. + (6) Program.--The term ``Program'' means the Platte River + Recovery Implementation Program established under the Agreement and + continued under an amendment or addendum to the Agreement. + (7) Project or activity.--The term ``project or activity'' + means-- + (A) the planning, design, permitting, or other compliance + activity, construction, construction management, operation, + maintenance, and replacement of a facility; + (B) the acquisition of an interest in land or water; + (C) habitat restoration; + (D) research and monitoring; + (E) program administration; and + (F) any other activity that is determined to be necessary + by the Secretary to carry out the Program. + (8) Secretary.--The term ``Secretary'' means the Secretary of + the Interior, acting through the Commissioner of Reclamation. + (9) States.--The term ``States'' means the States of Colorado, + Nebraska, and Wyoming. + SEC. 104. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM. + (a) Implementation of Program.-- + (1) In general.--The Secretary, in cooperation with the + Governance Committee, may-- + (A) participate in the Program; and + (B) carry out any projects and activities that are + designated for implementation during the First Increment + Extension. + (2) Authority of the secretary.--For the purposes of carrying + out this section, the Secretary, in cooperation with the Governance + Committee, may-- + (A) enter into agreements and contracts with Federal and + non-Federal entities; + (B) acquire interests in land, water, and facilities from + willing sellers without the use of eminent domain; + (C) subsequently transfer any interests acquired under + subparagraph (B); and + (D) accept or provide grants. + (b) Cost-Sharing Contributions.-- + (1) In general.--As provided in the Agreement, the States shall + contribute not less than 50 percent of the total contributions + necessary to carry out the Program. + (2) Non-federal contributions.--The following contributions + shall constitute the States' share of the Program: + (A) An additional $28,000,000 in non-Federal funds, with + the balance of funds remaining to be contributed to be adjusted + for inflation on October 1 of the year after the date of + enactment of this Act and each October 1 thereafter. + (B) Additional credit for contributions of water or land + for the purposes of implementing the Program, as determined to + be appropriate by the Secretary. + (3) In-kind contributions.--The Secretary or the States may + elect to provide a portion of the Federal share or non-Federal + share, respectively, in the form of in-kind goods or services, if + the contribution of goods or services is approved by the Governance + Committee, as provided in Attachment 1 of the Agreement. + (c) Authority To Modify Program.--The Program may be modified or +amended before the completion of the First Increment Extension if the +Secretary and the States determine that the modifications are +consistent with the purposes of the Program. + (d) Effect.-- + (1) Effect on reclamation laws.--No action carried out under + this section shall, with respect to the acreage limitation + provisions of the reclamation laws-- + (A) be considered in determining whether a district (as the + term is defined in section 202 of the Reclamation Reform Act of + 1982 (43 U.S.C. 390bb)) has discharged the obligation of the + district to repay the construction cost of project facilities + used to make irrigation water available for delivery to land in + the district; + (B) serve as the basis for reinstating acreage limitation + provisions in a district that has completed payment of the + construction obligations of the district; or + (C) serve as the basis for increasing the construction + repayment obligation of the district, which would extend the + period during which the acreage limitation provisions would + apply. + (2) Effect on water rights.--Nothing in this section-- + (A) creates Federal water rights; or + (B) requires the grant of water rights to Federal entities. + (e) Authorization of Appropriations.-- + (1) In general.--There is authorized to be appropriated to + carry out projects and activities under this section an additional + $78,000,000 as adjusted under paragraph (3). + (2) Nonreimbursable federal expenditures.--Any amounts to be + expended under paragraph (1) shall be considered nonreimbursable + Federal expenditures. + (3) Adjustment.--The balance of funds remaining to be expended + shall be adjusted for inflation on October 1 of the year after the + date of enactment of this Act and each October 1 thereafter. + (4) Availability of funds.--At the end of each fiscal year, any + unexpended funds for projects and activities made available under + paragraph (1) shall be retained for use in future fiscal years to + implement projects and activities under the Program. Any unexpended + funds appropriated during the First Increment shall be retained and + carried over from the First Increment into the First Increment + Extension. + (f) Termination of Authority.--The authority for the Secretary to +implement the First Increment Extension shall terminate on September +30, 2033. + + TITLE II--GREAT LAKES + + SEC. 201. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND + RESEARCH. + (a) Definitions.--In this section: + (1) Director.--The term ``Director'' means the Director of the + United States Geological Survey. + (2) Great lakes basin.--The term ``Great Lakes Basin'' means + the air, land, water, and living organisms in the United States + within the drainage basin of the Saint Lawrence River at and + upstream from the point at which such river and the Great Lakes + become the international boundary between Canada and the United + States. + (b) Findings.--Congress finds the following: + (1) The Great Lakes support a diverse ecosystem, on which the + vibrant and economically valuable Great Lakes fisheries depend. + (2) To continue successful fisheries management and + coordination, as has occurred since signing of the Convention on + Great Lakes Fisheries between the United States and Canada on + September 10, 1954, management of the ecosystem and its fisheries + require sound, reliable science, and the use of modern scientific + technologies. + (3) Fisheries research is necessary to support multi- + jurisdictional fishery management decisions and actions regarding + recreational and sport fishing, commercial fisheries, tribal + harvest, allocation decisions, and fish stocking activities. + (4) President Richard Nixon submitted, and the Congress + approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring + science activities and management of marine fisheries to the + National Oceanic and Atmospheric Administration. + (5) Reorganization Plan No. 4 expressly excluded fishery + research activities within the Great Lakes from the transfer, + retaining management and scientific research duties within the + already-established jurisdictions under the 1954 Convention on + Great Lakes Fisheries, including those of the Great Lakes Fishery + Commission and the Department of the Interior. + (c) Monitoring, Assessment, Science, and Research.-- + (1) In general.--The Director may conduct monitoring, + assessment, science, and research, in support of the binational + fisheries within the Great Lakes Basin. + (2) Specific authorities.--The Director shall, under paragraph + (1)-- + (A) execute a comprehensive, multi-lake, freshwater + fisheries science program; + (B) coordinate with and work cooperatively with regional, + State, tribal, and local governments; and + (C) consult with other interested entities groups, + including academia and relevant Canadian agencies. + (3) Included research.--To properly serve the needs of + fisheries managers, monitoring, assessment, science, and research + under this section may include-- + (A) deepwater ecosystem sciences; + (B) biological and food-web components; + (C) fish movement and behavior investigations; + (D) fish population structures; + (E) fish habitat investigations; + (F) invasive species science; + (G) use of existing, new, and experimental biological + assessment tools, equipment, vessels, other scientific + instrumentation and laboratory capabilities necessary to + support fishery management decisions; and + (H) studies to assess impacts on Great Lakes Fishery + resources. + (4) Savings clause.--Nothing in this section is intended or + shall be construed to impede, supersede, or alter the authority of + the Great Lakes Fishery Commission, States, and Indian tribes under + the Convention on Great Lakes Fisheries between the United States + of America and Canada on September 10, 1954, and the Great Lakes + Fishery Act of 1956 (16 U.S.C. 931 et seq.). + (d) Authorization of Appropriations.--For each of fiscal years 2021 +through 2025, there is authorized to be appropriated $15,000,000 to +carry out this section. + + TITLE III--MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION + + SEC. 301. FINDINGS. + Congress finds the following: + (1) Since 1999, the Morris K. Udall and Stewart L. Udall + Foundation (referred to in this Act as the ``Foundation'') has + operated the Parks in Focus program to provide opportunities for + the youth of the United States to learn about and experience the + Nation's parks and wilderness, and other outdoor areas. + (2) Since 2001, the Foundation has conducted research and + provided education and training to Native American and Alaska + Native professionals and leaders on Native American and Alaska + Native health care issues and tribal public policy through the + Native Nations Institute for Leadership, Management, and Policy. + (3) The Foundation is committed to continuing to make a + substantial contribution toward public policy in the future by-- + (A) playing a significant role in developing the next + generation of environmental, public health, public lands, + natural resource, and Native American leaders; and + (B) working with current leaders to improve collaboration + and decision-making on challenging environmental, energy, + public health, and related economic problems and tribal + governance and economic development issues. + SEC. 302. DEFINITIONS. + (a) In General.--Section 4 of the Morris K. Udall and Stewart L. +Udall Foundation Act (20 U.S.C. 5602) is amended-- + (1) in paragraph (2), by striking ``the Udall Center for + Studies in Public Policy established at the University of Arizona + in 1987'' and inserting ``the Udall Center for Studies in Public + Policy established in 1987 at the University of Arizona, and + includes the Native Nations Institute''; + (2) by striking paragraph (6); + (3) by redesignating paragraphs (3) through (5), (8), and (9) + as paragraphs (4) through (6), (11), and (12), respectively; + (4) by inserting after paragraph (2) the following: + ``(3) the term `collaboration' means to work in partnership + with other entities for the purpose of-- + ``(A) resolving disputes; + ``(B) addressing issues that may cause or result in + disputes; or + ``(C) streamlining and enhancing Federal, State, or tribal + environmental and natural resource decision-making processes or + procedures that may result in a dispute or conflict;''; + (5) in paragraph (7), by striking ``section 1201(a)'' and + inserting ``section 101(a)''; + (6) by inserting after paragraph (7) the following: + ``(8) the term `National Center' means the John S. McCain III + National Center for Environmental Conflict Resolution established + pursuant to section 7(a)(1)(B);''; and + (7) by inserting after paragraph (8), as added by paragraph + (6), the following: + ``(9) the term `Nation's parks and wilderness' means units of + the National Park System and components of the National Wilderness + Preservation System; + ``(10) the term `Native Nations Institute' means the Native + Nations Institute for Leadership, Management, and Policy + established at the University of Arizona in 2001;''. + (b) Conforming Amendment.--Section 3(5)(B) of the Morris K. Udall +and Stewart L. Udall Foundation Act (20 U.S.C. 5601(5)(B)) is amended +by striking ``the United States Institute for Environmental Conflict +Resolution'' and inserting ``the National Center (previously known as +the United States Institute for Environmental Conflict Resolution)''. + (c) References to United States Institute for Environmental +Conflict Resolution.--Any reference to the United States Institute for +Environmental Conflict Resolution in any Federal law, Executive Order, +rule, delegation of authority, or document shall be construed to refer +to the John S. McCain III National Center for Environmental Conflict +Resolution established under section 7(a)(1)(B) of the Morris K. Udall +and Stewart L. Udall Foundation Act (20 U.S.C. 5605(a)(1)(B)). + SEC. 303. ESTABLISHMENT OF MORRIS K. UDALL AND STEWART L. UDALL + FOUNDATION. + Section 5(e) of the Morris K. Udall and Stewart L. Udall Foundation +Act (20 U.S.C. 5603(e)) is amended by striking ``Arizona.'' and +inserting ``Arizona and the District of Columbia.''. + SEC. 304. PURPOSE OF THE FOUNDATION. + Section 6 of the Morris K. Udall and Stewart L. Udall Foundation +Act (20 U.S.C. 5604) is amended-- + (1) in paragraph (4), by striking ``establish a Program for + Environmental Policy Research and Environmental Conflict Resolution + and Training at the Center'' and inserting ``establish a program + for environmental policy research at the Center and a program for + environmental conflict resolution and training at the National + Center''; + (2) in paragraph (5), by inserting ``, natural resource, + conflict resolution,'' after ``environmental''; + (3) in paragraph (7)-- + (A) by inserting ``at the Native Nations Institute'' after + ``develop resources''; and + (B) by inserting ``providing education to and'' after + ``policy, by''; and + (4) in paragraph (8)-- + (A) by striking ``United States Institute for Environmental + Conflict Resolution'' and inserting ``John S. McCain III + National Center for Environmental Conflict Resolution''; and + (B) by striking ``resolve environmental'' and inserting + ``resolve environmental issues, conflicts, and''. + SEC. 305. AUTHORITY OF THE FOUNDATION. + Section 7 of the Morris K. Udall and Stewart L. Udall Foundation +Act (20 U.S.C. 5605) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking subparagraphs (A) through (C) and + inserting the following: + ``(A) General programming authority.--The Foundation is + authorized to identify and conduct, directly or by contract, + such programs, activities, and services as the Foundation + considers appropriate to carry out the purposes described in + section 6, which may include-- + ``(i) awarding scholarships, fellowships, internships, + and grants, by national competition, to eligible + individuals, as determined by the Foundation and in + accordance with paragraphs (2), (3), and (4), for study in + fields related to the environment or Native American and + Alaska Native health care and tribal policy; + ``(ii) funding the Center to carry out and manage other + programs, activities, and services; and + ``(iii) other education programs that the Board + determines are consistent with the purposes for which the + Foundation is established.''; + (ii) by redesignating subparagraph (D) as subparagraph + (B); and + (iii) in subparagraph (B), as redesignated-- + + (I) in the subparagraph heading, by striking + ``Institute for Environmental Conflict Resolution'' and + inserting ``John s. mccain iii national center for + environmental conflict resolution''; + (II) in clause (i)-- + + (aa) in subclause (I), by striking ``United + States Institute for Environmental Conflict + Resolution'' and inserting ``John S. McCain III + National Center for Environmental Conflict + Resolution''; and + (bb) in subclause (II)-- + (AA) by inserting ``collaboration,'' after + ``mediation,''; and + (BB) by striking ``to resolve environmental + disputes.'' and inserting the following: ``to + resolve-- + ``(aa) environmental disputes; and + ``(bb) Federal, State, or tribal environmental + or natural resource decision-making processes or + procedures that may result in a dispute or conflict + that may cause or result in disputes.''; and + + (III) in clause (ii), by inserting + ``collaboration,'' after ``mediation,''; + + (B) by striking paragraph (5); + (C) by redesignating paragraphs (6) and (7) as paragraphs + (7) and (8), respectively; + (D) by inserting after paragraph (4) the following: + ``(5) Parks in focus.--The Foundation shall-- + ``(A) identify and invite the participation of youth + throughout the United States to enjoy the Nation's parks and + wilderness and other outdoor areas, in an education program + intended to carry out the purpose of paragraphs (1) and (2) of + section 6; and + ``(B) provide training and education programs and + activities to teach Federal employees, natural resource + professionals, elementary and secondary school educators, and + others to work with youth to promote the use and enjoyment of + the Nation's parks and wilderness and other outdoor areas. + ``(6) Specific programs.--The Foundation shall assist in the + development and implementation of programs at the Center-- + ``(A) to provide for an annual meeting of experts to + discuss contemporary environmental issues; + ``(B) to conduct environmental policy research; and + ``(C) to promote dialogue with visiting policymakers on + environmental, natural resource, and public lands issues.''; + (E) in paragraph (7), as redesignated by subparagraph (C), + by striking ``Morris K. Udall's papers'' and inserting ``the + papers of Morris K. Udall and Stewart L. Udall''; and + (F) by adding at the end the following: + ``(9) Native nations institute.--The Foundation shall provide + direct or indirect assistance to the Native Nations Institute from + the annual appropriations to the Trust Fund in such amounts as + Congress may direct to conduct research and provide education and + training to Native American and Alaska Native professionals and + leaders on Native American and Alaska Native health care issues and + tribal public policy issues as provided in section 6(7).''; + (2) by striking subsection (c) and inserting the following: + ``(c) Program Priorities.-- + ``(1) In general.--The Foundation shall determine the priority + of the programs to be carried out under this Act and the amount of + funds to be allocated for such programs from the funds earned + annually from the interest derived from the investment of the Trust + Fund, subject to paragraph (2). + ``(2) Limitations.--In determining the amount of funds to be + allocated for programs carried out under this Act for a year-- + ``(A) not less than 50 percent of such annual interest + earnings shall be utilized for the programs set forth in + paragraphs (2), (3), (4), and (5) of subsection (a); + ``(B) not more than 17.5 percent of such annual interest + earnings shall be allocated for salaries and other + administrative purposes; and + ``(C) not less than 20 percent of such annual interest + earnings shall be appropriated to the Center for activities + under paragraphs (7) and (8) of subsection (a).''; and + (3) by adding at the end the following: + ``(d) Donations.--Any funds received by the Foundation in the form +of donations or grants, as well as any unexpended earnings on interest +from the Trust Fund that is carried forward from prior years-- + ``(1) shall not be included in the calculation of the funds + available for allocations pursuant to subsection (c); and + ``(2) shall be available to carry out the provisions of this + Act as the Board determines to be necessary and appropriate.''. + SEC. 306. ENVIRONMENTAL DISPUTE RESOLUTION FUND. + Section 10(b) of the Morris K. Udall and Stewart L. Udall +Foundation Act (20 U.S.C. 5607a(b)) is amended by striking +``Institute'' and inserting ``National Center''. + SEC. 307. USE OF THE NATIONAL CENTER BY A FEDERAL AGENCY OR OTHER + ENTITY. + Section 11 of the Morris K. Udall and Stewart L. Udall Foundation +Act (20 U.S.C. 5607b) is amended-- + (1) in the section heading, by striking ``the institute'' and + inserting ``the national center''; + (2) in subsection (a)-- + (A) by striking ``Institute'' and inserting ``National + Center''; + (B) by inserting ``collaboration,'' after ``mediation,''; + and + (C) by striking ``resources.'' and inserting ``resources, + or with a Federal, State, or tribal process or procedure that + may result in a dispute or conflict.''; + (3) in subsection (b)(1), by striking ``Institute'' and + inserting ``National Center''; + (4) in subsection (c)-- + (A) in paragraph (1), by striking ``Institute'' and + inserting ``National Center''; + (B) in paragraph (2)(C), by inserting ``mediation, + collaboration, and'' after ``agree to''; and + (C) in paragraph (3)(A), by striking ``Institute'' and + inserting ``National Center''; + (5) in each of paragraphs (1)(A) and (2) of subsection (d), by + striking ``Institute'' and inserting ``National Center''; + (6) in each of paragraphs (1) and (2) of subsection (e), by + striking ``Institute'' and inserting ``National Center''; and + (7) in subsection (f), by striking ``Institute'' and inserting + ``National Center''. + SEC. 308. ADMINISTRATIVE PROVISIONS. + Section 12 of the Morris K. Udall and Stewart L. Udall Foundation +Act (20 U.S.C. 5608) is amended-- + (1) in subsection (a)-- + (A) in paragraph (4), by striking ``accept, hold, + administer, and utilize gifts'' and inserting ``accept, hold, + solicit, administer, and utilize donations, grants, and + gifts''; and + (B) in paragraph (7), by striking ``in the District of + Columbia or its environs'' and inserting ``in the District of + Columbia and Tucson, Arizona, or their environs''; and + (2) in subsection (b), by striking ``, with the exception of + paragraph (4), apply to the Institute'' and inserting ``apply to + the National Center''. + SEC. 309. AUTHORIZATION OF APPROPRIATIONS. + Section 13 of the Morris K. Udall and Stewart L. Udall Foundation +Act (20 U.S.C. 5609) is amended-- + (1) in subsection (a), by striking ``$40,000,000'' and + inserting ``$2,000,000 for each of fiscal years 2020 through + 2023''; and + (2) in subsection (b), by striking ``fiscal years 2004 through + 2008'' and inserting ``fiscal years 2020 through 2023''. + SEC. 310. AUDIT OF THE FOUNDATION. + Not later than 2 years after the date of enactment of this Act, the +Inspector General of the Department of the Interior shall conduct an +audit of the Morris K. Udall and Stewart L. Udall Foundation. + + TITLE IV--WHITE HORSE HILL NATIONAL GAME PRESERVE + + SEC. 401. SHORT TITLE. + This title may be cited as the ``White Horse Hill National Game +Preserve Designation Act''. + SEC. 402. DESIGNATION OF WHITE HORSE HILL NATIONAL GAME PRESERVE, + NORTH DAKOTA. + (a) Redesignation.--The first section of the Act of March 3, 1931 +(46 Stat. 1509, chapter 439; 16 U.S.C. 674a), is amended by striking +``Sullys Hill National Game Preserve'' and inserting ``White Horse Hill +National Game Preserve''. + (b) Conforming Amendment.--Section 2 of the Act of March 3, 1931 +(46 Stat. 1509, chapter 439; 16 U.S.C. 674b), is amended by striking +``Sullys Hill National Game Preserve'' and inserting ``White Horse Hill +National Game Preserve''. + (c) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the Sullys Hill National +Game Preserve shall be considered to be a reference to the ``White +Horse Hill National Game Preserve''. + + TITLE V--PITTMAN-ROBERTSON FUND + + SEC. 501. MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S + NEEDS. + (a) Short Title.--This title may be cited as the ``Modernizing the +Pittman-Robertson Fund for Tomorrow's Needs Act''. + (b) Purpose.--The first section of the Pittman-Robertson Wildlife +Restoration Act (16 U.S.C. 669) is amended by adding at the end the +following: ``One of the purposes of this Act is to provide financial +and technical assistance to the States for the promotion of hunting and +recreational shooting.''. + (c) Definitions.--Section 2 of the Pittman-Robertson Wildlife +Restoration Act (16 U.S.C. 669a) is amended-- + (1) by redesignating paragraphs (2) through (9) as paragraphs + (4) through (11), respectively; and + (2) by inserting after paragraph (1) the following: + ``(2) for the purposes of determining the number of paid + hunting-license holders in a State, the term `fiscal year' means + the fiscal year or license year of the State; + ``(3) the term `hunter recruitment and recreational shooter + recruitment' means any activity or project to recruit or retain + hunters and recreational shooters, including by-- + ``(A) outreach and communications as a means-- + ``(i) to improve communications with hunters, + recreational shooters, and the general public with respect + to hunting and recreational shooting opportunities; + ``(ii) to reduce barriers to participation in these + activities; + ``(iii) to advance the adoption of sound hunting and + recreational shooting practices; + ``(iv) to promote conservation and the responsible use + of the wildlife resources of the United States; and + ``(v) to further safety in hunting and recreational + shooting; + ``(B) providing education, mentoring, and field + demonstrations; + ``(C) enhancing access for hunting and recreational + shooting, including through range construction; and + ``(D) providing education to the public about the role of + hunting and recreational shooting in funding wildlife + conservation;''. + (d) Apportionment of Available Amounts.-- + (1) Apportionment of certain taxes.--The first subsection (c) + of section 4 of the Pittman-Robertson Wildlife Restoration Act (16 + U.S.C. 669c) is amended-- + (A) by inserting ``Apportionment of Revenues From Pistols, + Revolvers, Bows, and Arrows.--'' after the enumerator; + (B) by striking ``One-half'' and inserting the following: + ``(1) In general.--Subject to paragraph (2), \1/2\''; + (C) by striking ``: Provided, That'' and inserting a + period; + (D) by striking ``each State shall be apportioned not more + than 3 per centum and not less than 1 per centum of such + revenues'' and inserting the following: + ``(2) Condition.--The amount apportioned to each State under + paragraph (1) shall be not greater than 3 percent and not less than + 1 percent of the revenues described in such paragraph''; + (E) by striking ``For the purpose'' and inserting the + following: + ``(3) Population determination.--For the purpose''; and + (F) by adding at the end the following: + ``(4) Use of funds.--In addition to other uses authorized under + this Act, amounts apportioned under this subsection may be used for + hunter recruitment and recreational shooter recruitment.''. + (2) Technical correction.--Section 4 of the Pittman-Robertson + Wildlife Restoration Act (16 U.S.C. 669c) is amended-- + (A) by redesignating the second subsection (c) and + subsection (d) as subsections (d) and (e), respectively; and + (B) by striking ``subsection (c)'' in the redesignated + section 4(e)(3) and replacing it with ``subsection (d), as + redesignated''. + (e) Expenditures for Management of Wildlife Areas and Resources.-- +Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. +669g) is amended-- + (1) in subsection (a), in the third sentence, by striking ``and + public relations''; and + (2) in subsection (b), in the first sentence, by striking ``, + as a part of such program''. + (f) Firearm and Bow Hunter Education and Safety Program Grants.-- +Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration Act +(16 U.S.C. 669h-1(a)(1)(A)) is amended-- + (1) in clause (iii), by striking ``and'' at the end; and + (2) by adding at the end the following: + ``(v) the enhancement of hunter recruitment and + recreational shooter recruitment; and''. + (g) Multistate Conservation Grant Program.-- + (1) In general.--Section 11 of the Pittman-Robertson Wildlife + Restoration Act (16 U.S.C. 669h-2) is amended-- + (A) in subsection (a)(1)-- + (i) by striking ``Not more than'' and inserting the + following: + ``(A) In general.--Not more than''; and + (ii) by adding at the end the following: + ``(B) Availability for hunter and recreational shooter + grants.--Not more than $5,000,000 of the revenues covered into + the fund from any tax imposed under section 4161(b) of the + Internal Revenue Code of 1986 for a fiscal year shall be + available to the Secretary exclusively for making hunter + recruitment and recreational shooter recruitment grants that + promote a national hunting and shooting sport recruitment + program, including related communication and outreach + activities.''; + (B) in the matter preceding subsection (b)(3)(A), by + striking ``International''; + (C) in the matter preceding subsection (c)(2)(A)(i), by + striking ``International''; + (D) in subsection (c)(2)(A)(i), by inserting ``or to + recreational shooting activities'' after ``wildlife''; and + (E) in subsection (d), by inserting ``or to recreational + shooting activities'' after ``wildlife''. + (2) Study.--Not later than 10 years after the date of enactment + of this Act, the Secretary of the Interior, acting through the + Director of the United States Fish and Wildlife Service, shall-- + (A) review and evaluate the effects of the funds made + available under subparagraph (B) of section 11(a)(1) of the + Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h- + 2(a)(1)) (as added by paragraph (1)(A)(ii)) on funds available + for wildlife conservation; and + (B) submit a report describing the results of the review + and evaluation under paragraph (1) to-- + (i) the Committee on Environment and Public Works of + the Senate; and + (ii) the Committee on Natural Resources of the House of + Representatives. + + TITLE VI--JOHN F. KENNEDY CENTER + + SEC. 601. SHORT TITLE. + This title may be cited as the ``John F. Kennedy Center +Reauthorization Act of 2019''. + SEC. 602. AUTHORIZATION OF APPROPRIATIONS. + Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76r), as +amended by the Department of the Interior, Environment, and Related +Agencies Appropriations Act, 2020, is further amended by striking +subsections (a) and (b) and inserting the following: + ``(a) Maintenance, Repair, and Security.--There are authorized to +be appropriated to the Board to carry out section 4(a)(1)(H)-- + ``(1) $25,690,000 for fiscal year 2020; + ``(2) $27,000,000 for fiscal year 2021; + ``(3) $28,000,000 for fiscal year 2022; + ``(4) $29,000,000 for fiscal year 2023; and + ``(5) $30,000,000 for fiscal year 2024. + ``(b) Capital Projects.--There are authorized to be appropriated to +the Board to carry out subparagraphs (F) and (G) of section 4(a)(1)-- + ``(1) $17,800,000 for fiscal year 2020; + ``(2) $18,000,000 for fiscal year 2021; + ``(3) $19,000,000 for fiscal year 2022; + ``(4) $20,000,000 for fiscal year 2023; and + ``(5) $21,000,000 for fiscal year 2024.''. + SEC. 603. COMMEMORATION OF THE JOHN F. KENNEDY CENTER FOR THE + PERFORMING ARTS. + (a) Sense of Congress.--It is the sense of Congress that the John +F. Kennedy Center for the Performing Arts (referred to in this Act as +the ``Center'')-- + (1) recognize the year 2021 as the 50th anniversary of the + opening of the Center; + (2) acknowledge and commemorate the mission of the Center as a + national center for the performing arts and a national memorial to + President John F. Kennedy; and + (3) recognize that the year 2018 is the 60th anniversary of the + signing of the National Cultural Center Act (now known as the + ``John F. Kennedy Center Act'') (20 U.S.C. 76h et seq.), signed + into law by President Dwight D. Eisenhower on September 2, 1958. + (b) Authorization for Plaque.-- + (1) In general.--The Center shall place within the Center a + plaque containing an inscription to commemorate the 60th + anniversary of the signing of the National Cultural Center Act (20 + U.S.C. 76h et seq.) by President Dwight D. Eisenhower. + (2) Specifications.--The plaque shall be-- + (A)(i) not less than 6 square feet in size; and + (ii) not more than 18 square feet in size; + (B) of any shape that the Trustees of the Center determine + to be appropriate; and + (C) placed at a location within the Center approximate to + the Eisenhower Theater that the Trustees of the Center + determine to be appropriate. + (3) Funding.-- + (A) In general.--No Federal funds may be used to design, + procure, or install the plaque. + (B) Exception.--Subparagraph (A) shall not affect the + payment of salaries, expenses, and benefits otherwise + authorized by law for members and employees of the Center who + participate in carrying out this subsection. + (4) Private fundraising authorized.-- + (A) In general.--The Center may solicit and accept private + contributions for the design, procurement, and installation of + the plaque. + (B) Accounting.--The Center may-- + (i) establish an account into which any contributions + received pursuant to subparagraph (A) shall be deposited; + and + (ii) maintain documentation of any contributions + received pursuant to subparagraph (A). + + TITLE VII--PRESERVING AMERICA'S BATTLEFIELDS + + SEC. 701. SHORT TITLE. + This title may be cited as the ``Preserving America's Battlefields +Act''. + SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR BATTLEFIELD + ACQUISITION GRANT PROGRAM. + Section 308103(f) of title 54, United States Code, is amended by +striking ``$10,000,000 for each of fiscal years 2012 and 2013'' and +inserting ``$18,000,000 for each of fiscal years 2020 through 2028''. + SEC. 703. ESTABLISHMENT OF BATTLEFIELD INTERPRETATION MODERNIZATION + GRANT PROGRAM AND BATTLEFIELD RESTORATION GRANT PROGRAM. + (a) Establishment of Battlefield Grant Programs.--Chapter 3081 of +title 54, United States Code, is amended by adding at the end the +following: +``Sec. 308104. Battlefield interpretation modernization grant program + ``(a) Establishment.--The Secretary shall establish a battlefield +interpretation modernization grant program under which the Secretary +may provide competitive grants to States, Tribes, local governments, +and nonprofit organizations for projects and programs that deploy +technology to modernize battlefield interpretation and education. + ``(b) Eligible Sites.--The Secretary may make grants under this +section for Revolutionary War, War of 1812, and Civil War battlefield +sites eligible for assistance under the battlefield acquisition grant +program established under section 308103(b). + ``(c) Federal Share.--The Federal share of the cost of a project or +program funded through a grant provided under the program established +under subsection (a) shall be not more than 50 percent of the total +cost of the applicable project or program. + ``(d) Authorization of Appropriations.--There is authorized to be +appropriated to the Secretary to provide grants under this section +$1,000,000 for each of fiscal years 2020 through 2028. +``Sec. 308105. Battlefield restoration grant program + ``(a) Establishment.--The Secretary shall establish a battlefield +restoration grant program (referred to in this section as the +`program') under which the Secretary may provide grants to States, +Tribes, local governments, and nonprofit organizations for projects +that restore day-of-battle conditions on land preserved under the +battlefield acquisition grant program established under section +308103(b). + ``(b) Eligible Sites.--The Secretary may make grants under this +section for Revolutionary War, War of 1812, and Civil War battlefield +sites eligible for assistance under the battlefield acquisition grant +program established under section 308103(b). + ``(c) Federal Share.--The Federal share of the cost of a +restoration project funded through a grant provided under the program +shall be not more than 50 percent of the total cost of the project. + ``(d) Restoration Standards.--All restoration work carried out +through a grant awarded under the program shall be performed in +accordance with the Secretary of the Interior's Standards for the +Treatment of Historic Properties under part 68 of title 36, Code of +Federal Regulations (or successor regulations). + ``(e) Authorization of Appropriations.--There is authorized to be +appropriated to the Secretary to provide grants under this section +$1,000,000 for each of fiscal years 2020 through 2028.''. + (b) Clerical Amendment.--The analysis for chapter 3081 of title 54, +United States Code, is amended by adding at the end the following: + +``308104. Battlefield interpretation modernization grant program. +``308105. Battlefield restoration grant program.''. + +TITLE VIII--VETERANS AFFAIRS REPORT ON DISABILITY COMPENSATION AND THE + POSITIVE ASSOCIATION WITH EXPOSURE TO AN HERBICIDE AGENT + + SEC. 801. REPORT ON EFFORTS TO DETERMINE WHETHER TO ADD TO THE LIST + OF DISEASES FOR WHICH PRESUMPTION OF SERVICE-CONNECTION IS + WARRANTED FOR PURPOSES OF DISABILITY COMPENSATION BY REASON OF + HAVING POSITIVE ASSOCIATION WITH EXPOSURE TO AN HERBICIDE AGENT. + (a) In General.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs, in +consultation with the Director of the Office of Management and Budget, +shall submit to the Committee on Veterans' Affairs of the Senate and +the Committee on Veterans' Affairs of the House of Representatives a +report setting forth the status of any efforts of the Secretary to +determine whether to promulgate new regulations to add to the list of +diseases for which a presumption of service-connection is warranted for +purposes of section 1110 of title 38, United States Code, by reason of +having positive association with exposure to an herbicide agent. + (b) Contents.--The report submitted under subsection (a) shall +include the following: + (1) A detailed explanation of any delays in making a + determination described in such subsection. + (2) An estimate of the cost of adding to the list of diseases + described in such subsection. + (3) The date the Secretary anticipates on which the Secretary + will promulgate new regulations as described in such subsection. + (c) Definition of Herbicide Agent.--For purposes of this section, +the term ``herbicide agent'' has the meaning given such term in section +1116 of title 38, United States Code. + + TITLE IX--DISASTER RECOVERY WORKFORCE + + SEC. 901. SHORT TITLE. + This title may be cited as the ``Disaster Recovery Workforce Act''. + SEC. 902. CONSTRUCTION WORKER PERMITS. + Section 6(d)(3) of the Joint Resolution entitled ``A Joint +Resolution to approve the `Covenant To Establish a Commonwealth of the +Northern Mariana Islands in Political Union with the United States of +America', and for other purposes'' (48 U.S.C. 1806(d)(3)) is amended by +adding at the end the following: + ``(E) Typhoon recovery.-- + ``(i) Permits for construction workers.-- + Notwithstanding any numerical cap set forth in subparagraph + (B) for each of fiscal years 2020, 2021, and 2022, the + Secretary of Homeland Security shall increase by 3,000, for + each such fiscal year, the total number of permits + available under this subsection for Construction and + Extraction Occupations (as defined by the Department of + Labor as Standard Occupational Classification Group 47- + 0000). + ``(ii) Permit requirements.--The Secretary may only + issue a permit made available under clause (i) to a + prospective employer if the permit is for an alien who-- + + ``(I) is a national of a country designated + eligible to participate in the program under section + 101(a)(15)(H)(ii)(b) of the Immigration and Nationality + Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during calendar + year 2018; and + ``(II) is performing service or labor pursuant to a + contract or subcontract for construction, repairs, + renovations, or facility services directly connected + to, or associated with recovery from a presidentially + declared major disaster or emergency (as those terms + are defined in section 102 of the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5122), or for preparation for a future disaster or + emergency. + + ``(iii) Exception for construction workers.-- + Subparagraph (D)(v) shall not apply to a permit made + available under clause (i) for any fiscal year described in + such clause.''. + + TITLE X--TELEVISION VIEWER PROTECTION + +SEC. 1001. SHORT TITLE. + This title may be cited as the ``Television Viewer Protection Act +of 2019''. +SEC. 1002. EXTENSION OF AUTHORITY. + (a) In General.--Section 325(b) of the Communications Act of 1934 +(47 U.S.C. 325(b)) is amended-- + (1) in paragraph (2)(C)-- + (A) by striking ``until December 31, 2019,''; and + (B) by striking ``antenna,'' and all that follows and + inserting ``antenna under the statutory license of section 119 + of title 17, United States Code;''; and + (2) in paragraph (3)(C), by striking ``until January 1, 2020,'' + each place it appears. + (b) Conforming Amendment.--Section 325(b)(2) of the Communications +Act of 1934 (47 U.S.C. 325(b)(2)) is amended by striking ``, the term +`unserved household' has the meaning given that term under section +119(d) of such title''. +SEC. 1003. SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT BY +MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS. + (a) Satisfaction of Good Faith Negotiation Requirement.--Section +325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) +is amended-- + (1) in clause (iv), by striking ``; and'' and inserting a + semicolon; + (2) in clause (v), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(vi) not later than 90 days after the date of the enactment + of the Television Viewer Protection Act of 2019, specify that-- + ``(I) a multichannel video programming distributor may + satisfy its obligation to negotiate in good faith under clause + (iii) with respect to a negotiation for retransmission consent + under this section with a large station group by designating a + qualified MVPD buying group to negotiate on its behalf, so long + as the qualified MVPD buying group itself negotiates in good + faith in accordance with such clause; + ``(II) it is a violation of the obligation to negotiate in + good faith under clause (iii) for the qualified MVPD buying + group to disclose the prices, terms, or conditions of an + ongoing negotiation or the final terms of a negotiation to a + member of the qualified MVPD buying group that is not + intending, or is unlikely, to enter into the final terms + negotiated by the qualified MVPD buying group; and + ``(III) a large station group has an obligation to + negotiate in good faith under clause (ii) with respect to a + negotiation for retransmission consent under this section with + a qualified MVPD buying group.''. + (b) Definitions.--Section 325(b)(7) of the Communications Act of +1934 (47 U.S.C. 325(b)(7)) is amended-- + (1) in subparagraph (A), by striking ``; and'' and inserting a + semicolon; + (2) in subparagraph (B), by striking the period at the end and + inserting a semicolon; and + (3) by adding at the end the following: + ``(C) `qualified MVPD buying group' means an entity that, with + respect to a negotiation with a large station group for + retransmission consent under this section-- + ``(i) negotiates on behalf of two or more multichannel + video programming distributors-- + ``(I) none of which is a multichannel video programming + distributor that serves more than 500,000 subscribers + nationally; and + ``(II) that do not collectively serve more than 25 + percent of all households served by a multichannel video + programming distributor in any single local market in which + the applicable large station group operates; and + ``(ii) negotiates agreements for such retransmission + consent-- + ``(I) that contain standardized contract provisions, + including billing structures and technical quality + standards, for each multichannel video programming + distributor on behalf of which the entity negotiates; and + ``(II) under which the entity assumes liability to + remit to the applicable large station group all fees + received from the multichannel video programming + distributors on behalf of which the entity negotiates; + ``(D) `large station group' means a group of television + broadcast stations that-- + ``(i) are directly or indirectly under common de jure + control permitted by the regulations of the Commission; + ``(ii) generally negotiate agreements for retransmission + consent under this section as a single entity; and + ``(iii) include only television broadcast stations that + have a national audience reach of more than 20 percent; + ``(E) `local market' has the meaning given such term in section + 122(j) of title 17, United States Code; and + ``(F) `multichannel video programming distributor' has the + meaning given such term in section 602.''. + (c) Conforming Amendments.--Section 325(b) of the Communications +Act of 1934 (47 U.S.C. 325(b)) is amended-- + (1) in paragraph (2), by striking ``, and the term `local + market' has the meaning given that term in section 122(j) of such + title''; and + (2) in paragraph (3)(C), by striking ``(as defined in section + 122(j) of title 17, United States Code)'' each place it appears. + (d) Effective Date.--The amendments made by this section, and the +regulations promulgated by the Federal Communications Commission under +such amendments, shall not take effect before January 1 of the calendar +year after the calendar year in which this Act is enacted. +SEC. 1004. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES. + (a) In General.--Part IV of title VI of the Communications Act of +1934 (47 U.S.C. 551 et seq.) is amended by adding at the end the +following: + ``SEC. 642. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES. + ``(a) Consumer Rights in Sales.-- + ``(1) Right to transparency.--Before entering into a contract + with a consumer for the provision of a covered service, a provider + of a covered service shall provide the consumer, by phone, in + person, online, or by other reasonable means, the total monthly + charge for the covered service, whether offered individually or as + part of a bundled service, selected by the consumer (explicitly + noting the amount of any applicable promotional discount reflected + in such charge and when such discount will expire), including any + related administrative fees, equipment fees, or other charges, a + good faith estimate of any tax, fee, or charge imposed by the + Federal Government or a State or local government (whether imposed + on the provider or imposed on the consumer but collected by the + provider), and a good faith estimate of any fee or charge that is + used to recover any other assessment imposed on the provider by the + Federal Government or a State or local government. + ``(2) Right to formal notice.--A provider of a covered service + that enters into a contract described in paragraph (1) shall, not + later than 24 hours after entering into the contract, send the + consumer, by email, online link, or other reasonably comparable + means, a copy of the information described in such paragraph. + ``(3) Right to cancel.--A provider of a covered service that + enters into a contract described in paragraph (1) shall permit the + consumer to cancel the contract, without paying early cancellation + fees or other disconnection fees or penalties, during the 24-hour + period beginning when the provider of the covered service sends the + copy required by paragraph (2). + ``(b) Consumer Rights in e-billing.--If a provider of a covered +service provides a bill to a consumer in an electronic format, the +provider shall include in the bill-- + ``(1) an itemized statement that breaks down the total amount + charged for or relating to the provision of the covered service by + the amount charged for the provision of the service itself and the + amount of all related taxes, administrative fees, equipment fees, + or other charges; + ``(2) the termination date of the contract for the provision of + the covered service entered into between the consumer and the + provider; and + ``(3) the termination date of any applicable promotional + discount. + ``(c) Consumer Rights to Accurate Equipment Charges.--A provider of +a covered service or fixed broadband internet access service may not +charge a consumer for-- + ``(1) using covered equipment provided by the consumer; or + ``(2) renting, leasing, or otherwise providing to the consumer + covered equipment if-- + ``(A) the provider has not provided the equipment to the + consumer; or + ``(B) the consumer has returned the equipment to the + provider, except to the extent that the charge relates to the + period beginning on the date when the provider provided the + equipment to the consumer and ending on the date when the + consumer returned the equipment to the provider. + ``(d) Definitions.--In this section: + ``(1) Broadband internet access service.--The term `broadband + internet access service' has the meaning given such term in section + 8.1(b) of title 47, Code of Federal Regulations, or any successor + regulation. + ``(2) Covered equipment.--The term `covered equipment' means + equipment (such as a router) employed on the premises of a person + (other than a provider of a covered service or fixed broadband + internet access service) to provide a covered service or to provide + fixed broadband internet access service. + ``(3) Covered service.--The term `covered service' means + service provided by a multichannel video programming distributer, + to the extent such distributor is acting as a multichannel video + programming distributor.''. + (b) Effective Date.--Section 642 of the Communications Act of 1934, +as added by subsection (a) of this section, shall apply beginning on +the date that is 6 months after the date of the enactment of this Act. +The Federal Communications Commission may grant an additional 6-month +extension if the Commission finds that good cause exists for such an +additional extension. + + TITLE XI--ELIGIBILITY TO RECEIVE SIGNALS UNDER A DISTANT-SIGNAL + SATELLITE LICENSE + +SEC. 1101. SHORT TITLE. + This title may be cited as the ``Satellite Television Community +Protection and Promotion Act of 2019''. +SEC. 1102. ELIGIBILITY TO RECEIVE SIGNALS UNDER A DISTANT-SIGNAL +SATELLITE LICENSE. + (a) In General.--Section 119 of title 17, United States Code, is +amended-- + (1) in subsection (a)-- + (A) in paragraph (2)-- + (i) in subparagraph (A)-- + + (I) by striking ``signals, and'' and inserting + ``signals,''; + (II) by inserting ``, and the carrier provides + local-into-local service to all DMAs'' after + ``receiving the secondary transmission''; and + (III) by adding at the end the following new + sentence: ``Failure to reach an agreement with a + network station to retransmit the signals of the + station shall not be construed to affect compliance + with providing local-into-local service to all DMAs if + the satellite carrier has the capability to retransmit + such signals when an agreement is reached.''; and + + (ii) in subparagraph (B)-- + + (I) by striking clauses (ii) and (iii); + (II) by adding at the end the following: + + ``(ii) Short markets.--In the case of secondary + transmissions to households located in short markets, + subject to clause (i), the statutory license shall be + further limited to secondary transmissions of only those + primary transmissions of network stations that embody the + programming of networks not offered on the primary stream + or the multicast stream transmitted by any network station + in that market.''; + (B) by striking paragraphs (3), (6)(E), (9), (10), and + (13); and + (C) by redesignating paragraphs (4), (5), (6), (7), (8), + (11), (12), and (14) as paragraphs (3) through (10), + respectively; + (2) in subsection (c)(1)(E)-- + (A) by striking the comma after ``in the agreement''; + (B) by striking ``until December 31, 2019, or''; and + (C) by striking ``, whichever is later'' and inserting + ``until the subscriber for which the royalty is payable is no + longer eligible to receive a secondary transmission pursuant to + the license under this section''; + (3) in subsection (d)-- + (A) in paragraph (10)-- + (i) in subparagraph (D), by striking ``subsection + (a)(11)'' and inserting ``subsection (a)(8)''; + (ii) by striking subparagraphs (A), (B), (C), and (E); + (iii) by redesignating subparagraph (D) as subparagraph + (A); and + (iv) by adding at the end the following: + ``(B) is a subscriber located in a short market.''; + (B) by striking paragraph (13); + (C) by redesignating paragraphs (14) and (15) as paragraphs + (13) and (14), respectively; and + (D) by adding at the end the following: + ``(15) Local-into-local service to all dmas.--The term `local- + into-local service to all DMAs' has the meaning given such term in + subsection (f)(7). + ``(16) Short market.--The term `short market' means a local + market in which programming of one or more of the four most widely + viewed television networks nationwide is not offered on either the + primary stream or multicast stream transmitted by any network + station in that market or is temporarily or permanently unavailable + as a result of an act of god or other force majeure event beyond + the control of the carrier.''; + (4) by striking subsections (e) and (h); + (5) in subsection (g)(7), by inserting ``, except for + designated market areas where the entity is temporarily or + permanently unable to provide local service as a result of an act + of god or other force majeure event beyond the control of the + entity'' after ``section 122''; and + (6) by redesignating subsections (f) and (g) as subsections (e) + and (f). + (b) Previously Covered Subscribers Under the STELA Reauthorization +Act of 2014.-- + (1) In general.--A subscriber of a satellite carrier who + receives the secondary transmission of a network station under the + statutory license in section 119 of title 17, United States Code, + as in effect on the day before the date of the enactment of this + Act, and to whom subsection (a)(2)(B) of such section, as amended + by subsection (a), does not apply, shall continue to be eligible to + receive that secondary transmission from such carrier under such + license, and at the royalty rate established for such license by + the Copyright Royalty Board or voluntary agreement, as applicable, + until the date that is the earlier of-- + (A) May 31, 2020; or + (B) the date on which such carrier provides local-into- + local service to all DMAs. + (2) Definitions.--In this subsection, the terms ``satellite + carrier'', ``subscriber'', ``secondary transmission'', ``network + station'', and ``local-into-local service to all DMAs'' have the + meaning given those terms in section 119 of title 17, United States + Code. + (c) Conforming Amendments.--Title 17, United States Code, is +further amended-- + (1) in section 119, as amended by subsection (a)-- + (A) in subsection (a)-- + (i) in paragraph (1), by striking ``paragraphs (4), + (5), and (7)'' and inserting ``paragraphs (3), (4), and + (6)''; and + (ii) in paragraph (2), by striking ``paragraphs (4), + (5), (6), and (7)'' and inserting ``paragraphs (3), (4), + (5), and (6)''; and + (B) in subsection (f), as so redesignated, by striking + ``subsection (a)(7)(B)'' each place it appears and inserting + ``subsection (a)(5)(B)''; and + (2) in section 501(e), by striking ``section 119(a)(5)'' and + inserting ``section 119(a)(3)''. + + TITLE XII--GROUNDFISH TRAWL FISHERY + +SEC. 1201. GROUNDFISH TRAWL FISHERY. + The Secretary of Commerce shall forgive the interest accrued on the +Groundfish Trawl fishery sub-loan regarding fishing capacity reduction +in the West Coast groundfish fishery authorized by section 212 of +division B, title II, of Public Law 108-7 from December 4, 2003, +through September 8, 2005, and the portion of additional interest +accrued in the Groundfish Trawl fishery sub-loan since September 8, +2005, that is directly attributable to the delay in implementing a +repayment system. The Secretary of the Treasury shall make available, +out of any funds in the Treasury not otherwise appropriated, such sums +necessary for any loan modification under this provision. + + TITLE XIII--TEMPORARY RELIEF FROM CERTAIN ERISA REQUIREMENTS + +SEC. 1301. SHORT TITLE. + This title may be cited as the ``Temporary Relief from Certain +ERISA Requirements Act of 2020''. +SEC. 1302. EXEMPTION. + (a) In General.--Section 408 of the Employee Retirement Income +Security Act of 1974 (29 U.S.C. 1108) is amended by adding at the end +the following: + ``(h) Provision of Pharmacy Benefit Services.-- + ``(1) In general.--Provided that all of the conditions + described in paragraph (2) are met, the restrictions imposed by + subsections (a), (b)(1), and (b)(2) of section 406 shall not apply + to-- + ``(A) the offering of pharmacy benefit services to a group + health plan that is sponsored by an entity described in section + 3(37)(G)(vi) or to any other group health plan that is + sponsored by a regional council, local union, or other labor + organization affiliated with such entity; + ``(B) the purchase of pharmacy benefit services by plan + participants and beneficiaries of a group health plan that is + sponsored by an entity described in section 3(37)(G)(vi) or of + any other group health plan that is sponsored by a regional + council, local union, or other labor organization affiliated + with such entity; or + ``(C) the operation or implementation of pharmacy benefit + services by an entity described in section 3(37)(G)(vi) or by + any other group health plan that is sponsored by a regional + council, local union, or other labor organization affiliated + with such entity, + in any arrangement where such entity described in section + 3(37)(G)(vi) or any related organization or subsidiary of such + entity provides pharmacy benefit services that include prior + authorization and appeals, a retail pharmacy network, pharmacy + benefit administration, mail order fulfillment, formulary support, + manufacturer payments, audits, and specialty pharmacy and goods, to + any such group health plan. + ``(2) Conditions.--The conditions described in this paragraph + are the following: + ``(A) The terms of the arrangement are at least as + favorable to the group health plan as such group health plan + could obtain in a similar arm's length arrangement with an + unrelated third party. + ``(B) At least 50 percent of the providers participating in + the pharmacy benefit services offered by the arrangement are + unrelated to the contributing employers or any other party in + interest with respect to the group health plan. + ``(C) The group health plan retains an independent + fiduciary who will be responsible for monitoring the group + health plan's consultants, contractors, subcontractors, and + other service providers for purposes of pharmacy benefit + services described in paragraph (1) offered by such entity or + any of its related organizations or subsidiaries and monitors + the transactions of such entity and any of its related + organizations or subsidiaries to ensure that all conditions of + this exemption are satisfied during each plan year. + ``(D) Any decisions regarding the provision of pharmacy + benefit services described in paragraph (1) are made by the + group health plan's independent fiduciary, based on objective + standards developed by the independent fiduciary in reliance on + information provided by the arrangement. + ``(E) The independent fiduciary of the group health plan + provides an annual report to the Secretary and the + congressional committees of jurisdiction attesting that the + conditions described in subparagraphs (C) and (D) have been met + for the applicable plan year, together with a statement that + use of the arrangement's services are in the best interest of + the participants and beneficiaries in the aggregate for that + plan year compared to other similar arrangements the group + health plan could have obtained in transactions with an + unrelated third party. + ``(F) The arrangement is not designed to benefit any party + in interest with respect to the group health plan. + ``(3) Violations.--In the event an entity described in section + 3(37)(G)(vi) or any affiliate of such entity violates any of the + conditions of such exemption, such exemption shall not apply with + respect to such entity or affiliate and all enforcement and claims + available under this Act shall apply with respect to such entity or + affiliate. + ``(4) Rule of construction.--Nothing in this subsection shall + be construed to modify any obligation of a group health plan + otherwise set forth in this Act. + ``(5) Group health plan.--In this subsection, the term `group + health plan' has the meaning given such term in section 733(a).''. + (b) Amendment to Internal Revenue Code of 1986.--Subsection (c) of +section 4975 of the Internal Revenue Code of 1986 is amended by adding +at the end the following new paragraph: + ``(7) Special rule for provision of pharmacy benefit + services.--Any party to an arrangement which satisfies the + requirements of section 408(h) of the Employee Retirement Income + Security Act of 1974 shall be exempt from the tax imposed by this + section with respect to such arrangement.''. + (c) Applicability.--With respect to a group health plan subject to +subsection (h) of section 408 of the Employee Retirement Income +Security Act of 1974 (29 U.S.C. 1108) (as amended by subsection (a)) +and subsection (c) of section 4975 of the Internal Revenue Code of 1986 +(as amended by subsection (b)), beginning at the end of the fifth plan +year of such group health plan that begins after the date of enactment +of this Act, such subsection (h) of such section 408 and such +subsection (c) of such shall have no force or effect. + + TITLE XIV--LIBRARY OF CONGRESS TECHNICAL CORRECTIONS + +SEC. 1401. SHORT TITLE. + This title may be cited as the ``Library of Congress Technical +Corrections Act of 2019''. +SEC. 1402. AMENDMENT TO AMERICAN FOLKLIFE PRESERVATION ACT. + Section 4 of the American Folklife Preservation Act (20 U.S.C. +2103) is amended-- + (1) in subsection (b)(1)(D)-- + (A) in the matter preceding clause (i), by striking + ``seven'' and inserting ``nine''; + (B) in clause (vi), by striking ``and'' after the + semicolon; + (C) in clause (vii), by striking the period at the end and + inserting a semicolon; and + (D) by adding at the end the following: + ``(viii) the Secretary of Veterans Affairs; and + ``(ix) the Director of the Institute of Museum and Library + Services.''; and + (2) in subsection (f), by striking the second sentence and + inserting the following: ``The rate of basic pay of the Director + shall be fixed in accordance with section 5376(b) of title 5, + United States Code.''. +SEC. 1403. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT DISABLED. + (a) In General.--The Act entitled ``An Act to provide books for the +adult blind'', approved March 3, 1931 (2 U.S.C. 135a et seq.), is +amended to read as follows: +``SEC. 1. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT DISABLED. + ``(a) Accessible Materials and Reproducers.-- + ``(1) In general.--The Librarian of Congress is authorized to + provide to eligible persons who are residents of the United States + (including residents of the several States, insular possessions, + and the District of Columbia) and to eligible persons who are + United States citizens residing outside the United States the + following items: + ``(A) Literary works published in raised characters, on + sound-reproduction recordings, or in any other accessible + format. + ``(B) Musical scores, instructional texts, and other + specialized materials used in furthering educational, + vocational, and cultural opportunities in the field of music + published in any accessible format. + ``(C) Reproducers for such formats. + ``(2) Ownership.--Any item provided under paragraph (1) shall + be provided on a loan basis and shall remain the property of the + Library of Congress. + ``(b) Lending Preference.--In the lending of items under subsection +(a), the Librarian shall at all times give preference to-- + ``(1) the needs of the blind and visually disabled; and + ``(2) the needs of eligible persons who have been honorably + discharged from the Armed Forces of the United States. + ``(c) Network.--The Librarian of Congress may contract or otherwise +arrange with such public or other nonprofit libraries, agencies, or +organizations as the Librarian may determine appropriate to serve as +local or regional centers for the circulation of items described in +subsection (a)(1). + ``(d) International Service.--The Librarian of Congress is +authorized to provide items described in subparagraphs (A) and (B) of +subsection (a)(1) to authorized entities located in a country that is a +party to the Marrakesh Treaty, if any such items are delivered to +authorized entities through online, not physical, means. The Librarian +may contract or otherwise arrange with such authorized entities to +deliver such items to eligible persons located in their countries in +any accessible format and consistent with section 121A of title 17, +United States Code. + ``(e) Contracting Preference.--In the purchase and maintenance of +items described in subsection (a), the Librarian of Congress, without +regard to section 6101 of title 41, United States Code, shall give +preference to nonprofit institutions or agencies whose activities are +primarily concerned with the blind and with other physically disabled +persons, in all cases where, considering all the circumstances and +needs involved, the Librarian determines that the prices submitted are +fair and reasonable. + ``(f) Regulations.--The Librarian of Congress shall prescribe +regulations for services under this section, in consultation with +eligible persons and authorized entities. Such regulations shall +include procedures that shall be used by an individual to establish +that the individual is an eligible person. + ``(g) Definitions.--In this section-- + ``(1) the terms `accessible format', `authorized entity', and + `eligible person' have the meanings given those terms in section + 121 of title 17, United States Code; and + ``(2) the term `Marrakesh Treaty' has the meaning given in + section 121A of such title 17. + ``(h) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section such sums as may be +necessary.''. + (b) Conforming Amendment.--The Act entitled ``An Act to establish +in the Library of Congress a library of musical scores and other +instructional materials to further educational, vocational, and +cultural opportunities in the field of music for blind persons'', +approved October 9, 1962 (2 U.S.C. 135a-1), is repealed. +SEC. 1404. UNIFORM PAY SCALE FOR LIBRARY OF CONGRESS CAREER SENIOR +EXECUTIVE POSITIONS. + (a) Executive Schedule Positions.-- + (1) Deputy librarian of congress.--Paragraph (2) of section 904 + of the Supplemental Appropriations Act, 1983 (2 U.S.C. 136a-2) is + amended to read as follows: + ``(2) the Deputy Librarian of Congress shall be compensated at + the greater of the rate of pay in effect for level III of the + Executive Schedule under section 5314 of title 5, United States + Code, or the maximum annual rate of basic pay payable under section + 5376 of such title for positions at agencies with a performance + appraisal system certified under section 5307(d) of such title.''. + (2) Director, congressional research service.--The second + sentence of section 203(c)(1) of the Legislative Reorganization Act + of 1946 (2 U.S.C. 166(c)(l)) is amended to read as follows: ``The + Director shall be compensated at the greater of the rate of pay in + effect for level III of the Executive Schedule under section 5314 + of title 5, United States Code, or the maximum annual rate of basic + pay payable under section 5376 of such title for positions at + agencies with a performance appraisal system certified under + section 5307(d) of such title.''. + (3) Register of copyrights.--The first sentence of section + 701(f) of title 17, United States Code, is amended to read as + follows: ``The Register of Copyrights shall be compensated at the + greater of the rate of pay in effect for level III of the Executive + Schedule under section 5314 of title 5 or the maximum annual rate + of basic pay payable under section 5376 of such title for positions + at agencies with a performance appraisal system certified under + section 5307(d) of such title.''. + (b) References to GS Grades 16, 17, and 18 and Senior Level +Classification.-- + (1) Congressional research service.--Section 203(c)(2) of the + Legislative Reorganization Act of 1946 (2 U.S.C. 166(c)(2)) is + amended-- + (A) in the second sentence of the matter preceding + subparagraph (A), by deleting ``subchapter III'' and all that + follows through ``such title.'' and inserting ``section 5376 of + title 5, United States Code.''; and + (B) in subparagraph (B), by striking ``may be placed in GS- + 16, 17, and 18'' and all that follows through the period at the + end and inserting ``may be classified above GS-15 in accordance + with section 5108(c) of title 5, United States Code, and the + rate of basic pay for such positions may be fixed in accordance + with section 5376 of such title, subject to the prior approval + of the Joint Committee on the Library.''. + (2) U.s. copyright office.--Section 701(f) of title 17, United + States Code, is amended by striking the last sentence and inserting + ``The rate of basic pay for each Associate Register of Copyrights + shall be fixed in accordance with section 5376 of title 5.''. +SEC. 1405. STAFFING FOR COPYRIGHT ROYALTY JUDGES PROGRAM. + (a) Removal of Cap on Personnel.--Chapter 8 of title 17, United +States Code, is amended-- + (1) in section 802-- + (A) in subsection (b), by striking ``3''; and + (B) in subsection (e), by striking paragraph (2) and + inserting the following: + ``(2) Staff members.--Staff members appointed under subsection + (b) shall be compensated at a rate not more than the basic rate of + pay payable for level 10 of GS-15 of the General Schedule.''; and + (2) in section 803(e)(1)(A), by striking ``3''. + (b) Effective Date.--The amendments made by this section shall take +effect with respect to fiscal year 2020 and each fiscal year +thereafter. + + TITLE XV--SENATE ENTITIES + + Sec. 1501. Section 2(c) of chapter VIII of title I of Public Law +100-71 (2 U.S.C. 6567(c)) is amended by striking ``$10,000'' and +inserting ``$15,000''. + Sec. 1502. Section 902 of the Emergency Supplemental Act, 2002 (2 +U.S.C. 6616) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking ``subsection (b)'' and inserting + ``paragraph (3)''; and + (ii) by striking ``and'' at the end; + (B) in paragraph (2), by striking the period and inserting + ``; and''; and + (C) by adding at the end the following: + ``(3) the Sergeant at Arms of the Senate may enter into a + memorandum of understanding described in paragraph (1) consistent + with the Senate Procurement Regulations.''; and + (2) by striking subsection (b) and inserting the following: + ``(b) The Sergeant at Arms of the Senate may incur obligations and +make expenditures for meals, refreshments, and other support and +maintenance for Members, officers, and employees of the Senate when +such obligations and expenditures are necessary to respond to +emergencies involving the safety of human life or the protection of +property.''. + + TITLE XVI--LEGISLATIVE BRANCH INSPECTORS GENERAL INDEPENDENCE + +SEC. 1601. SHORT TITLE. + This title may be cited as the ``Legislative Branch Inspectors +General Independence Act of 2019''. +SEC. 1602. PAY, LIMITS ON BONUSES, COUNSEL, AND AUTHORITIES. + (a) Library of Congress.--Section 1307 of the Legislative Branch +Appropriations Act, 2006 (2 U.S.C. 185) is amended-- + (1) in subsection (c)-- + (A) in the subsection heading, by inserting ``; Pay; Limits + on Bonuses; Counsel'' after ``Removal''; + (B) by striking paragraph (2) and inserting the following: + ``(2) Removal or transfer.-- + ``(A) In general.--The Inspector General may be removed + from office, or transferred to another position within, or + another location of, the Library of Congress, by the Librarian + of Congress. + ``(B) Notice.--Not later than 30 days before the Librarian + of Congress removes or transfers the Inspector General under + subparagraph (A), the Librarian of Congress shall communicate + in writing the reason for the removal or transfer to-- + ``(i) the Committee on House Administration and the + Committee on Appropriations of the House of + Representatives; and + ``(ii) the Committee on Rules and Administration and + the Committee on Appropriations of the Senate. + ``(C) Applicability.--Nothing in this paragraph shall + prohibit a personnel action (except for removal or transfer) + that is otherwise authorized by law.''; and + (C) by adding at the end the following: + ``(3) Pay.-- + ``(A) In general.--The position of Inspector General + shall-- + ``(i) be classified as a position above GS-15 in + accordance with section 5108 of title 5, United States + Code; and + ``(ii) have a rate of basic pay that is not less than + the average rate of basic pay of all other employees in + positions classified as above GS-15 of the Library of + Congress calculated on an annual basis. + ``(B) Adjustments.--The Librarian of Congress shall + establish the amount of the annual adjustment in the rate of + basic pay for the Inspector General in an amount equal to the + average of the annual adjustments in the rate of basic pay + provided to all other employees in positions classified as + above GS-15 of the Library of Congress, in a manner consistent + with section 5376 of title 5, United States Code. + ``(4) No bonuses.--The Inspector General may not receive any + cash award or cash bonus, including a cash award under chapter 45 + of title 5, United States Code. + ``(5) Counsel.--The Inspector General shall, in accordance with + applicable laws and regulations governing selections, appointments, + and employment at the Library of Congress, obtain legal advice from + a counsel reporting directly to the Inspector General or another + Inspector General.''; and + (2) in subsection (d)(1), by striking ``Sections 4'' and all + that follows through ``and 7'' and inserting ``Sections 4, 5 (other + than subsection (a)(13)), 6 (other than subsection (a)(7)), and + 7''. + (b) Office of the Architect of the Capitol.--Section 1301(c) of the +Architect of the Capitol Inspector General Act of 2007 (2 U.S.C. +1808(c)) is amended-- + (1) in the subsection heading, by inserting ``; Pay; Limits on + Bonuses; Counsel'' after ``Removal''; + (2) by striking paragraph (2) and inserting the following: + ``(2) Removal or transfer.-- + ``(A) In general.--The Inspector General may be removed + from office, or transferred to another position within, or + another location of, the Office of the Architect of the + Capitol, by the Architect of the Capitol. + ``(B) Notice.--Not later than 30 days before the Architect + of the Capitol removes or transfers the Inspector General under + subparagraph (A), the Architect of the Capitol shall + communicate in writing the reason for the removal or transfer + to-- + ``(i) the Committee on House Administration and the + Committee on Appropriations of the House of + Representatives; and + ``(ii) the Committee on Rules and Administration and + the Committee on Appropriations of the Senate. + ``(C) Applicability.--Nothing in this paragraph shall + prohibit a personnel action (except for removal or transfer) + that is otherwise authorized by law.''; and + (3) by adding at the end the following: + ``(4) No bonuses.--The Inspector General may not receive any + cash award or cash bonus, including a cash award under chapter 45 + of title 5, United States Code. + ``(5) Counsel.--The Inspector General shall, in accordance with + applicable laws and regulations governing selections, appointments, + and employment at the Office of the Architect of the Capitol, + obtain legal advice from a counsel reporting directly to the + Inspector General or another Inspector General.''. + (c) Government Publishing Office.-- + (1) In general.--Section 3902 of title 44, United States Code, + is amended-- + (A) in the section heading, by inserting ``; pay; limits on + bonuses; counsel'' after ``removal''; + (B) by striking subsection (b) and inserting the following: + ``(b)(1) The Inspector General may be removed from office, or +transferred to another position within, or another location of, the +Government Publishing Office, by the Director of the Government +Publishing Office. + ``(2) Not later than 30 days before the Director removes or +transfers the Inspector General under paragraph (1), the Director shall +communicate in writing the reason for the removal or transfer to-- + ``(A) the Committee on House Administration and the Committee + on Appropriations of the House of Representatives; and + ``(B) the Committee on Rules and Administration and the + Committee on Appropriations of the Senate. + ``(3) Nothing in this subsection shall prohibit a personnel action +(except for removal or transfer) that is otherwise authorized by +law.''; and + (C) by adding at the end the following: + ``(c)(1) The position of Inspector General shall be-- + ``(A) classified as a position as a senior level employee, in + accordance with this title; and + ``(B) have a rate of basic pay that is not less than the + average rate of basic pay of all other senior level employees of + the Government Publishing Office calculated on an annual basis. + ``(2) The Director of the Government Publishing Office shall +establish the amount of the annual adjustment in the rate of basic pay +for the Inspector General in an amount equal to the average of the +annual adjustments in the rate of basic pay provided to all other +senior level employees of the Government Publishing Office, consistent +with this title. + ``(d) The Inspector General may not receive any cash award or cash +bonus, including a cash award under chapter 45 of title 5. + ``(e) The Inspector General shall, in accordance with applicable +laws and regulations governing selections, appointments, and employment +at the Government Publishing Office, obtain legal advice from a counsel +reporting directly to the Inspector General or another Inspector +General.''. + (2) Technical and conforming amendment.--The table of sections + for chapter 39 of title 44, United States Code, is amended by + striking the item relating to section 3902 and inserting the + following: + +``3902. Appointment of Inspector General; supervision; removal; pay; + limits on bonuses; counsel.''. +SEC. 1603. LAW ENFORCEMENT AUTHORITY. + (a) Library of Congress.--Section 1307(d) of the Legislative Branch +Appropriations Act, 2006 (2 U.S.C. 185(d)) is amended by adding at the +end the following: + ``(3) Law enforcement authority.-- + ``(A) In general.--Subject to subparagraph (B), any + supervisory special agent under the Inspector General and any + special agent supervised by such a supervisory special agent is + authorized to-- + ``(i) make an arrest without a warrant while engaged in + official duties as authorized under this section or any + other statute for any offense against the United States + committed in the presence of such supervisory special agent + or special agent, or for any felony cognizable under the + laws of the United States if such supervisory special agent + or special agent has reasonable grounds to believe that the + person to be arrested has committed or is committing such + felony; + ``(ii) seek and execute warrants for arrest, search of + a premises, or seizure of evidence issued under the + authority of the United States upon probable cause to + believe that a violation has been committed; and + ``(iii) carry a firearm while engaged in official + duties as authorized under this section or any other + statute. + ``(B) Requirements to exercise authority.-- + ``(i) Required certification.-- + + ``(I) In general.--In order to exercise the + authority under subparagraph (A), a supervisory special + agent or a special agent supervised by such a + supervisory special agent shall certify that he or + she-- + + ``(aa) is a citizen of the United States; + ``(bb) has successfully completed a basic law + enforcement training program or military or other + equivalent; and + ``(cc) is not prohibited from receiving a + firearm under Federal law, including under section + 922(g)(9) of title 18, United States Code, because + of a conviction of a misdemeanor crime of domestic + violence. + + ``(II) Additional requirements.--After providing + notice to the appropriate committees of Congress, the + Inspector General may add requirements to the + certification required under subclause (I), as + determined appropriate by the Inspector General. + + ``(ii) Maintenance of requirements.--The Inspector + General shall maintain firearms-related requirements + (including quarterly firearms qualifications) and use of + force training requirements that, except to the extent the + Inspector General determines necessary to effectively carry + out the duties of the Office of the Inspector General, are + in accordance with the Council of the Inspectors General on + Integrity and Efficiency use of force policies, which + incorporate Department of Justice guidelines. + ``(iii) Eligibility determination.-- + + ``(I) In general.--The Inspector General shall-- + + ``(aa) determine whether an individual meets + the requirements under this paragraph; and + ``(bb) revoke any authority granted to an + individual under subparagraph (A) if the individual + is not in compliance with the requirements of this + paragraph. + + ``(II) Reauthorization.--The Inspector General may + reauthorize an individual to exercise the authority + granted under subparagraph (A) if the Inspector General + determines the individual has achieved compliance with + the requirements under this paragraph. + ``(III) Limitation on appeal.--A revocation of the + authority granted under subparagraph (A) shall not be + subject to administrative, judicial, or other review, + unless the revocation results in an adverse action. + Such an adverse action may, at the election of the + applicable individual, be reviewed in accordance with + the otherwise applicable procedures. + + ``(C) Semiannual certification of program.-- + ``(i) In general.--Before the first grant of authority + under subparagraph (A), and semiannually thereafter as part + of the report under section 5 of the Inspector General Act + of 1978 (5 U.S.C. App.), the Inspector General shall submit + to the appropriate committees of Congress a written + certification that adequate internal safeguards and + management procedures exist that, except to the extent the + Inspector General determines necessary to effectively carry + out the duties of the Office of the Inspector General, are + in compliance with standards established by the Council of + the Inspectors General on Integrity and Efficiency, which + incorporate Department of Justice guidelines, to ensure + proper exercise of the powers authorized under this + paragraph. + ``(ii) Suspension of authority.--The authority granted + under this paragraph (including any grant of authority to + an individual under subparagraph (A), without regard to + whether the individual is in compliance with subparagraph + (B)) may be suspended by the Inspector General if the + Office of Inspector General fails to comply with the + reporting and review requirements under clause (i) of this + subparagraph or subparagraph (D). Any suspension of + authority under this clause shall be reported to the + appropriate committees of Congress. + ``(D) Peer review.--To ensure the proper exercise of the + law enforcement powers authorized under this paragraph, the + Office of Inspector General shall submit to and participate in + the external review process established by the Council of the + Inspectors General on Integrity and Efficiency for ensuring + that adequate internal safeguards and management procedures + continue to exist. Under the review process, the exercise of + the law enforcement powers by the Office of Inspector General + shall be reviewed periodically by another Office of Inspector + General or by a committee of Inspectors General. The results of + each review shall be communicated in writing to the Inspector + General, the Council of the Inspectors General on Integrity and + Efficiency, and the appropriate committees of Congress. + ``(E) Alleged misconduct.--Any allegation of misconduct by + an individual granted authority under subparagraph (A) may be + reviewed by the Integrity Committee of the Council of the + Inspectors General on Integrity and Efficiency. + ``(F) Appropriate committees of congress.--In this + paragraph, the term `appropriate committees of Congress' + means-- + ``(i) the Committee on Rules and Administration and the + Committee on Appropriations of the Senate; and + ``(ii) the Committee on House Administration and the + Committee on Appropriations of the House of + Representatives.''. + (b) Architect of the Capitol.--Section 1301(d) of the Architect of +the Capitol Inspector General Act of 2007 (2 U.S.C. 1808(d)) is amended +by adding at the end the following: + ``(3) Law enforcement authority.-- + ``(A) In general.--Subject to subparagraph (B), any + supervisory special agent under the Inspector General and any + special agent supervised by such a supervisory special agent is + authorized to-- + ``(i) make an arrest without a warrant while engaged in + official duties as authorized under this section or any + other statute for any offense against the United States + committed in the presence of such supervisory special agent + or special agent, or for any felony cognizable under the + laws of the United States if such supervisory special agent + or special agent has reasonable grounds to believe that the + person to be arrested has committed or is committing such + felony; + ``(ii) seek and execute warrants for arrest, search of + a premises, or seizure of evidence issued under the + authority of the United States upon probable cause to + believe that a violation has been committed; and + ``(iii) carry a firearm while engaged in official + duties as authorized under this section or any other + statute. + ``(B) Requirements to exercise authority.-- + ``(i) Required certification.-- + + ``(I) In general.--In order to exercise the + authority under subparagraph (A), a supervisory special + agent or a special agent supervised by such a + supervisory special agent shall certify that he or + she-- + + ``(aa) is a citizen of the United States; + ``(bb) has successfully completed a basic law + enforcement training program or military or other + equivalent; and + ``(cc) is not prohibited from receiving a + firearm under Federal law, including under section + 922(g)(9) of title 18, United States Code, because + of a conviction of a misdemeanor crime of domestic + violence. + + ``(II) Additional requirements.--After providing + notice to the appropriate committees of Congress, the + Inspector General may add requirements to the + certification required under subclause (I), as + determined appropriate by the Inspector General. + + ``(ii) Maintenance of requirements.--The Inspector + General shall maintain firearms-related requirements + (including quarterly firearms qualifications) and use of + force training requirements that, except to the extent the + Inspector General determines necessary to effectively carry + out the duties of the Office of the Inspector General, are + in accordance with the Council of the Inspectors General on + Integrity and Efficiency use of force policies, which + incorporate Department of Justice guidelines. + ``(iii) Eligibility determination.-- + + ``(I) In general.--The Inspector General shall-- + + ``(aa) determine whether an individual meets + the requirements under this paragraph; and + ``(bb) revoke any authority granted to an + individual under subparagraph (A) if the individual + is not in compliance with the requirements of this + paragraph. + + ``(II) Reauthorization.--The Inspector General may + reauthorize an individual to exercise the authority + granted under subparagraph (A) if the Inspector General + determines the individual has achieved compliance with + the requirements under this paragraph. + ``(III) Limitation on appeal.--A revocation of the + authority granted under subparagraph (A) shall not be + subject to administrative, judicial, or other review, + unless the revocation results in an adverse action. + Such an adverse action may, at the election of the + applicable individual, be reviewed in accordance with + the otherwise applicable procedures. + + ``(C) Semiannual certification of program.-- + ``(i) In general.--Before the first grant of authority + under subparagraph (A), and semiannually thereafter as part + of the report under section 5 of the Inspector General Act + of 1978 (5 U.S.C. App.), the Inspector General shall submit + to the appropriate committees of Congress a written + certification that adequate internal safeguards and + management procedures exist that, except to the extent the + Inspector General determines necessary to effectively carry + out the duties of the Office of the Inspector General, are + in compliance with standards established by the Council of + the Inspectors General on Integrity and Efficiency, which + incorporate Department of Justice guidelines, to ensure + proper exercise of the powers authorized under this + paragraph. + ``(ii) Suspension of authority.--The authority granted + under this paragraph (including any grant of authority to + an individual under subparagraph (A), without regard to + whether the individual is in compliance with subparagraph + (B)) may be suspended by the Inspector General if the + Office of Inspector General fails to comply with the + reporting and review requirements under clause (i) of this + subparagraph or subparagraph (D). Any suspension of + authority under this clause shall be reported to the + appropriate committees of Congress. + ``(D) Peer review.--To ensure the proper exercise of the + law enforcement powers authorized under this paragraph, the + Office of Inspector General shall submit to and participate in + the external review process established by the Council of the + Inspectors General on Integrity and Efficiency for ensuring + that adequate internal safeguards and management procedures + continue to exist. Under the review process, the exercise of + the law enforcement powers by the Office of Inspector General + shall be reviewed periodically by another Office of Inspector + General or by a committee of Inspectors General. The results of + each review shall be communicated in writing to the Inspector + General, the Council of the Inspectors General on Integrity and + Efficiency, and the appropriate committees of Congress. + ``(E) Alleged misconduct.--Any allegation of misconduct by + an individual granted authority under subparagraph (A) may be + reviewed by the Integrity Committee of the Council of the + Inspectors General on Integrity and Efficiency. + ``(F) Appropriate committees of congress.--In this + paragraph, the term `appropriate committees of Congress' + means-- + ``(i) the Committee on Rules and Administration and the + Committee on Appropriations of the Senate; and + ``(ii) the Committee on House Administration and the + Committee on Appropriations of the House of + Representatives.''. + (c) Government Publishing Office.--Section 3903 of title 44, United +States Code, is amended is amended by adding at the end the following: + ``(c)(1) Subject to paragraph (2), any supervisory special agent +under the Inspector General and any special agent supervised by such a +supervisory special agent is authorized to-- + ``(A) make an arrest without a warrant while engaged in + official duties as authorized under this chapter or any other + statute for any offense against the United States committed in the + presence of such supervisory special agent or special agent, or for + any felony cognizable under the laws of the United States if such + supervisory special agent or special agent has reasonable grounds + to believe that the person to be arrested has committed or is + committing such felony; + ``(B) seek and execute warrants for arrest, search of a + premises, or seizure of evidence issued under the authority of the + United States upon probable cause to believe that a violation has + been committed; and + ``(C) carry a firearm while engaged in official duties as + authorized under this chapter or any other statute. + ``(2)(A)(i) In order to exercise the authority under paragraph (1), +a supervisory special agent or a special agent supervised by such a +supervisory special agent shall certify that he or she-- + ``(I) is a citizen of the United States; + ``(II) has successfully completed a basic law enforcement + training program or military or other equivalent; and + ``(III) is not prohibited from receiving a firearm under + Federal law, including under section 922(g)(9) of title 18, United + States Code, because of a conviction of a misdemeanor crime of + domestic violence. + ``(ii) After providing notice to the appropriate committees of +Congress, the Inspector General may add requirements to the +certification required under clause (i), as determined appropriate by +the Inspector General. + ``(B) The Inspector General shall maintain firearms-related +requirements (including quarterly firearms qualifications) and use of +force training requirements that, except to the extent the Inspector +General determines necessary to effectively carry out the duties of the +Office of the Inspector General, are in accordance with the Council of +the Inspectors General on Integrity and Efficiency use of force +policies, which incorporate Department of Justice guidelines. + ``(C)(i) The Inspector General shall-- + ``(I) determine whether an individual meets the requirements + under this subsection; and + ``(II) revoke any authority granted to an individual under + paragraph (1) if the individual is not in compliance with the + requirements of this subsection. + ``(ii) The Inspector General may reauthorize an individual to +exercise the authority granted under paragraph (1) if the Inspector +General determines the individual has achieved compliance with the +requirements under this subsection. + ``(iii) A revocation of the authority granted under paragraph (1) +shall not be subject to administrative, judicial, or other review, +unless the revocation results in an adverse action. Such an adverse +action may, at the election of the applicable individual, be reviewed +in accordance with the otherwise applicable procedures. + ``(3)(A) Before the first grant of authority under paragraph (1), +and semiannually thereafter as part of the report under section 5 of +the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector +General shall submit to the appropriate committees of Congress a +written certification that adequate internal safeguards and management +procedures exist that, except to the extent the Inspector General +determines necessary to effectively carry out the duties of the Office +of the Inspector General, are in compliance with standards established +by the Council of the Inspectors General on Integrity and Efficiency, +which incorporate Department of Justice guidelines, to ensure proper +exercise of the powers authorized under this subsection. + ``(B) The authority granted under this subsection (including any +grant of authority to an individual under paragraph (1), without regard +to whether the individual is in compliance with paragraph (2)) may be +suspended by the Inspector General if the Office of Inspector General +fails to comply with the reporting and review requirements under +subparagraph (A) of this paragraph or paragraph (4). Any suspension of +authority under this subparagraph shall be reported to the appropriate +committees of Congress. + ``(4) To ensure the proper exercise of the law enforcement powers +authorized under this subsection, the Office of Inspector General shall +submit to and participate in the external review process established by +the Council of the Inspectors General on Integrity and Efficiency for +ensuring that adequate internal safeguards and management procedures +continue to exist. Under the review process, the exercise of the law +enforcement powers by the Office of Inspector General shall be reviewed +periodically by another Office of Inspector General or by a committee +of Inspectors General. The results of each review shall be communicated +in writing to the Inspector General, the Council of the Inspectors +General on Integrity and Efficiency, and the appropriate committees of +Congress. + ``(5) Any allegation of misconduct by an individual granted +authority under paragraph (1) may be reviewed by the Integrity +Committee of the Council of the Inspectors General on Integrity and +Efficiency. + ``(6) In this subsection, the term `appropriate committees of +Congress' means-- + ``(A) the Committee on Rules and Administration and the + Committee on Appropriations of the Senate; and + ``(B) the Committee on House Administration and the Committee + on Appropriations of the House of Representatives.''. +SEC. 1604. BUDGET INDEPENDENCE. + (a) Library of Congress.-- + (1) Authority.--Section 1307(d) of the Legislative Branch + Appropriations Act, 2006 (2 U.S.C. 185(d)), as amended by section + 1603 of this Act, is amended by adding at the end the following: + ``(4) Budget independence.--The Librarian of Congress shall + include the annual budget request of the Inspector General in the + budget of the Library of Congress without change.''. + (b) Office of the Architect of the Capitol.--Section 1301(d) of the +Architect of the Capitol Inspector General Act of 2007 (2 U.S.C. +1808(d)), as amended by section 1603 of this Act, is amended by adding +at the end the following: + ``(4) Budget independence.--The Architect of the Capitol shall + include the annual budget request of the Inspector General in the + budget of the Office of the Architect of the Capitol without + change.''. + (c) Government Publishing Office.--Section 3903 of title 44, United +States Code, as amended by section 1603 of this Act, is amended by +adding at the end the following: + ``(d) The Director of the Government Publishing Office shall +include the annual budget request of the Inspector General in the +budget of the Government Publishing Office without change.''. + (d) Separate Allocations.-- + (1) Legislative branch instrumentality defined.--In this + subsection, the term ``legislative branch instrumentality'' means + the Library of Congress, the Office of the Architect of the + Capitol, or the Government Publishing Office. + (2) Allocation.--For fiscal year 2021, and each fiscal year + thereafter, Congress shall provide, within the amounts made + available for salaries and expenses of each legislative branch + instrumentality, a separate allocation of amounts for salaries and + expenses of the Office of the Inspector General of the covered + legislative branch instrumentality. +SEC. 1605. HIRING AUTHORITY. + (a) Library of Congress.--Section 1307(d)(2) of the Legislative +Branch Appropriations Act, 2006 (2 U.S.C. 185(d)(2)) is amended-- + (1) by striking ``The Inspector'' and inserting the following: + ``(A) In general.--The Inspector''; + (2) in subparagraph (A), as so designated, by inserting ``, + without the supervision or approval of any other employee, office, + or other entity within the Library of Congress,'' after ``is + authorized''; and + (3) by adding at the end the following: + ``(B) Security and suitability.--Appointments under the + authority under subparagraph (A) shall be made consistent with + personnel security and suitability requirements. + ``(C) Consultants.--Any appointment of a consultant under + the authority under subparagraph (A) shall be made consistent + with section 6(a)(8) of the Inspector General Act of 1978 (5 + U.S.C. App.).''. + (b) Office of the Architect of the Capitol.--Section 1301(d)(2) of +the Architect of the Capitol Inspector General Act of 2007 (2 U.S.C. +1808(d)(2)) is amended-- + (1) by striking ``The Inspector'' and inserting the following: + ``(A) In general.--The Inspector''; + (2) in subparagraph (A), as so designated, by inserting ``, + without the supervision or approval of any other employee, office, + or other entity within the Office of the Architect of the + Capitol,'' after ``is authorized''; and + (3) by adding at the end the following: + ``(B) Security and suitability.--Appointments under the + authority under subparagraph (A) shall be made consistent with + personnel security and suitability requirements. + ``(C) Consultants.--Any appointment of a consultant under + the authority under subparagraph (A) shall be made consistent + with section 6(a)(8) of the Inspector General Act of 1978 (5 + U.S.C. App.).''. + (c) Government Publishing Office.--Section 3903(b) of title 44, +United States Code, is amended-- + (1) by inserting ``(1)'' before ``The Inspector''; + (2) in paragraph (1), as so designated, by inserting ``, + without the supervision or approval of any other employee, office, + or other entity within the Government Publishing Office,'' after + ``is authorized''; and + (3) by adding at the end the following: + ``(2) Appointments under the authority under paragraph (1) shall be +made consistent with personnel security and suitability requirements. + ``(3) Any appointment of a consultant under the authority under +paragraph (1) shall be made consistent with section 6(a)(8) of the +Inspector General Act of 1978 (5 U.S.C. App.).''. + + TITLE XVII--MANAGING POLITICAL FUND ACTIVITY + +SEC. 1701. MANAGING POLITICAL FUND ACTIVITY. + The Majority Leader and the Minority Leader may each designate up +to 2 employees of their respective leadership office staff as designees +referred to in the second sentence of paragraph 1 of rule XLI of the +Standing Rules of the Senate. + + TITLE XVIII--KENTUCKY WILDLANDS NATIONAL HERITAGE AREA STUDY + +SEC. 1801. SHORT TITLE. + This title may be cited as the ``Kentucky Wildlands National +Heritage Area Study Act''. +SEC. 1802. DEFINITIONS. + In this Act: + (1) Heritage area.--The term ``Heritage Area'' means the + Kentucky Wildlands National Heritage Area. + (2) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. + (3) State.--The term ``State'' means the State of Kentucky. + (4) Study area.--The term ``study area'' means-- + (A) Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, + Clay, Clinton, Cumberland, Elliott, Floyd, Green, Harlan, + Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, + Letcher, Lincoln, Magoffin, Martin, McCreary, Menifee, + Metcalfe, Monroe, Morgan, Owsley, Perry, Pike, Pulaski, + Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe Counties + in the State; and + (B) any other areas in the State that-- + (i) have heritage aspects that are similar to the + heritage aspects of the areas described in subparagraph + (A); and + (ii) are adjacent to, or in the vicinity of, the areas + described in that subparagraph. +SEC. 1803. STUDY. + (a) In General.--The Secretary, in consultation with State and +local historic preservation officers, State and local historical +societies, State and local tourism offices, and other appropriate +organizations and governmental agencies, shall conduct a study to +assess the suitability and feasibility of designating the study area as +a National Heritage Area, to be known as the ``Kentucky Wildlands +National Heritage Area''. + (b) Requirements.--The study shall include analysis, documentation, +and determinations on whether the study area-- + (1) has an assemblage of natural, historic, and cultural + resources that-- + (A) represent distinctive aspects of the heritage of the + United States; + (B) are worthy of recognition, conservation, + interpretation, and continuing use; and + (C) would be best managed-- + (i) through partnerships among public and private + entities; and + (ii) by linking diverse and sometimes noncontiguous + resources and active communities; + (2) reflects traditions, customs, beliefs, and folklife that + are a valuable part of the story of the United States; + (3) provides outstanding opportunities-- + (A) to conserve natural, historic, cultural, or scenic + features; and + (B) for recreation and education; + (4) contains resources that-- + (A) are important to any identified themes of the study + area; and + (B) retain a degree of integrity capable of supporting + interpretation; + (5) includes residents, business interests, nonprofit + organizations, and State and local governments that-- + (A) are involved in the planning of the Heritage Area; + (B) have developed a conceptual financial plan that + outlines the roles of all participants in the Heritage Area, + including the Federal Government; and + (C) have demonstrated support for the designation of the + Heritage Area; + (6) has a potential management entity to work in partnership + with the individuals and entities described in paragraph (5) to + develop the Heritage Area while encouraging State and local + economic activity; + (7) could impact the rights of private property owners with + respect to private property; and + (8) has a conceptual boundary map that is supported by the + public. +SEC. 1804. REPORT. + Not later than 3 years after the date on which funds are first made +available to carry out this Act, the Secretary shall submit to the +Committee on Energy and Natural Resources of the Senate and the +Committee on Natural Resources of the House of Representatives a report +that describes-- + (1) the findings of the study under section 1803; and + (2) any conclusions and recommendations of the Secretary. + + TITLE XIX--INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT + +SEC. 1901. INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT. + The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended +by adding at the end the following new section: + ``SEC. 73. CAPITAL STOCK INCREASES. + ``(a) Increases Authorized.--The United States Governor of the Bank +is authorized-- + ``(1)(A) to vote in favor of a resolution to increase the + capital stock of the Bank on a selective basis by 245,773 shares; + and + ``(B) to subscribe on behalf of the United States to 42,298 + additional shares of the capital stock of the Bank, as part of the + selective increase in the capital stock of the Bank, except that + any subscription to such additional shares shall be effective only + to the extent or in such amounts as are provided in advance in + appropriations Acts; and + ``(2)(A) to vote in favor of a resolution to increase the + capital stock of the Bank on a general basis by 230,500 shares; and + ``(B) to subscribe on behalf of the United States to 38,662 + additional shares of the capital stock of the Bank, as part of the + general increase in the capital stock of the Bank, except that any + subscription to such additional shares shall be effective only to + the extent or in such amounts as are provided in advance in + appropriations Acts. + ``(b) Limitations on Authorization of Appropriations.--(1) In order +to pay for the increase in the United States subscription to the Bank +under subsection (a)(2)(B), there are authorized to be appropriated, +without fiscal year limitation, $4,663,990,370 for payment by the +Secretary of the Treasury. + ``(2) Of the amount authorized to be appropriated under paragraph +(1), $932,798,074 shall be for paid in shares of the Bank, and +$3,731,192,296 shall be for callable shares of the Bank. + ``(3) In order to pay for the increase in the United States +subscription to the Bank under subsection (a)(1)(B), there are +authorized to be appropriated, without fiscal year limitation +$5,102,619,230 for payment by the Secretary of the Treasury. + ``(4) Of the amount authorized to be appropriated under paragraph +(3), $306,157,153.80 shall be for paid in shares of the Bank, and +$4,796,462,076.20 shall be for callable shares of the Bank.''. + + TITLE XX--EUROPEAN ENERGY SECURITY AND DIVERSIFICATION ACT OF 2019 + +SEC. 2001. SHORT TITLE. + This title may be cited as the ``European Energy Security and +Diversification Act of 2019''. +SEC. 2002. DEFINITIONS. + In this title: + (1) Early-stage project support.--The term ``early-stage + project support'' includes-- + (A) feasibility studies; + (B) resource evaluations; + (C) project appraisal and costing; + (D) pilot projects; + (E) commercial support, such as trade missions, reverse + trade missions, technical workshops, international buyer + programs, and international partner searchers to link suppliers + to projects; + (F) technical assistance and other guidance to improve the + local regulatory environment and market frameworks to encourage + transparent competition and enhance energy security; and + (G) long-term energy sector planning. + (2) Late-stage project support.--The term ``late-stage project + support'' includes debt financing, insurance, and transaction + advisory services. +SEC. 2003. STATEMENT OF POLICY. + (a) Sense of Congress.--It is the sense of Congress that the United +States has economic and national security interests in assisting +European and Eurasian countries achieve energy security through +diversification of their energy sources and supply routes. + (b) Statement of Policy.--It is the policy of the United States-- + (1) to advance United States foreign policy and development + goals by assisting European and Eurasian countries to reduce their + dependence on energy resources from countries that use energy + dependence for undue political influence, such as the Russian + Federation, which has used natural gas to coerce, intimidate, and + influence other countries; + (2) to promote the energy security of allies and partners of + the United States by encouraging the development of accessible, + transparent, and competitive energy markets that provide + diversified sources, types, and routes of energy; + (3) to encourage United States public and private sector + investment in European energy infrastructure projects to bridge the + gap between energy security requirements and commercial demand in a + way that is consistent with the region's absorptive capacity; and + (4) to help facilitate the export of United States energy + resources, technology, and expertise to global markets in a way + that benefits the energy security of allies and partners of the + United States, including in Europe and Eurasia. +SEC. 2004. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR ENERGY +INFRASTRUCTURE PROJECTS IN EUROPE AND EURASIA. + (a) In General.--In pursuing the policy described in section 2003, +the Secretary of State, in consultation with the Secretary of Energy +and the heads of other relevant United States agencies, shall, as +appropriate, prioritize and expedite the efforts of the Department of +State and those agencies in supporting the efforts of the European +Commission and the governments of European and Eurasian countries to +increase their energy security, including through-- + (1) providing diplomatic and political support to the European + Commission and those governments, as necessary-- + (A) to facilitate international negotiations concerning + cross-border infrastructure; + (B) to enhance Europe's regulatory environment with respect + to energy; and + (C) to develop accessible, transparent, and competitive + energy markets supplied by diverse sources, types, and routes + of energy; and + (2) providing support to improve European and Eurasian energy + markets, including early-stage project support and late-stage + project support for the construction or improvement of energy and + related infrastructure, as necessary-- + (A) to diversify the energy sources and supply routes of + European and Eurasian countries; + (B) to enhance energy market integration across the region; + and + (C) to increase competition within energy markets. + (b) Project Selection.-- + (1) In general.--The agencies described in subsection (a) shall + identify energy infrastructure projects that would be appropriate + for United States assistance under this section. + (2) Project eligibility.--A project is eligible for United + States assistance under this section if the project-- + (A)(i) improves electricity transmission infrastructure, + power generation through the use of a broad power mix + (including fossil fuel and renewable energy), or energy + efficiency; or + (ii) advances electricity storage projects, smart grid + projects, distributed generation models, or other technological + innovations, as appropriate; and + (B) is located in a European or Eurasian country. + (3) Preference.--In selecting among projects that are eligible + under paragraph (2), the agencies described in subsection (a) shall + give preference to projects that-- + (A) link the energy systems of 2 or more European or + Eurasian countries; + (B) have already been identified by the European Commission + as being integral for the energy security of European + countries; + (C) are expected to enhance energy market integration; + (D) can attract funding from the private sector, an + international financial institution, the government of the + country in which the project will be carried out, or the + European Commission; or + (E) have the potential to use United States goods and + services during project implementation. + (c) Types of Assistance.-- + (1) Diplomatic and political support.--The Secretary of State + shall provide diplomatic and political support to the European + Commission and the governments of European and Eurasian countries, + as necessary, including by using the diplomatic and political + influence and expertise of the Department of State to build the + capacity of those countries to resolve any impediments to the + development of projects selected under subsection (b). + (2) Early-stage project support.--The Director of the Trade and + Development Agency shall provide early-stage project support with + respect to projects selected under subsection (b), as necessary. + (3) Late-stage project support.--Agencies described in + subsection (a) that provide late-stage project support shall do so + with respect to projects selected under subsection (b), as + necessary. + (d) Funding.-- + (1) Trade and development agency.--Section 661(f)(1)(A) of the + Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)(1)(A)) is amended + by striking ``$48,000,000 for fiscal year 2000'' and inserting + ``$79,500,000 for fiscal year 2020''. + (2) Countering russian influence fund.--Section 254 of the + Countering Russian Influence in Europe and Eurasia Act of 2017 (22 + U.S.C. 9543) is amended-- + (A) in subsection (a), by striking ``fiscal years 2018 and + 2019'' and inserting ``fiscal years 2020, 2021, 2022, and + 2023''; and + (B) in subsection (b), by adding at the end the following + new paragraph: + ``(7) To assist United States agencies that operate under the + foreign policy guidance of the Secretary of State in providing + assistance under section 2004 of the European Energy Security and + Diversification Act of 2019.''. + (e) Exception From Certain Limitation Under BUILD Act.-- + (1) In general.--For purposes of providing support for projects + under this section-- + (A) the United States International Development Finance + Corporation may provide support for projects in countries with + upper-middle-income economies or high-income economies (as + those terms are defined by the World Bank); + (B) the restriction under section 1412(c)(2) of the Better + Utilization of Investments Leading to Development Act of 2018 + (22 U.S.C. 9612(c)(2)) shall not apply; and + (C) the Corporation shall restrict the provision of such + support in a country described in subparagraph (A) unless-- + (i) the President certifies to the appropriate + congressional committees that such support furthers the + national economic or foreign policy interests of the United + States; and + (ii) such support is-- + + (I) designed to produce significant developmental + outcomes or provide developmental benefits to the + poorest population of that country; or + (II) necessary to preempt or counter efforts by a + strategic competitor of the United States to secure + significant political or economic leverage or acquire + national security-sensitive technologies or + infrastructure in a country that is an ally or partner + of the United States. + + (2) Definitions.--In this subsection, the terms ``appropriate + congressional committees'' and ``less developed country'' have the + meanings given those terms in section 1402 of the Better + Utilization of Investments Leading to Development Act of 2018 (22 + U.S.C. 9601). +SEC. 2005. PROGRESS REPORTS. + Not later than one year after the date of the enactment of this +Act, and annually thereafter, the President shall submit to the +Committee on Foreign Relations of the Senate and the Committee on +Foreign Affairs of the House of Representatives a report on progress +made in providing assistance for projects under section 2004 that +includes-- + (1) a description of the energy infrastructure projects the + United States has identified for such assistance; and + (2) for each such project-- + (A) a description of the role of the United States in the + project, including in early-stage project support and late- + stage project support; + (B) the amount and form of any debt financing and insurance + provided by the United States Government for the project; + (C) the amount and form of any early-stage project support; + and + (D) an update on the progress made on the project as of the + date of the report. + + DIVISION Q--REVENUE PROVISIONS + +SEC. 1. SHORT TITLE; ETC. + (a) Short Title.--This division may be cited as the ``Taxpayer +Certainty and Disaster Tax Relief Act of 2019''. + (b) Table of Contents.--The table of contents for this division is +as follows: + +Sec. 1. Short title; etc. + + TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS + + Subtitle A--Tax Relief and Support for Families and Individuals + +Sec. 101. Exclusion from gross income of discharge of qualified + principal residence indebtedness. +Sec. 102. Treatment of mortgage insurance premiums as qualified + residence interest. +Sec. 103. Reduction in medical expense deduction floor. +Sec. 104. Deduction of qualified tuition and related expenses. +Sec. 105. Black lung disability trust fund excise tax. + + Subtitle B--Incentives for Employment, Economic Growth, and Community + Development + +Sec. 111. Indian employment credit. +Sec. 112. Railroad track maintenance credit. +Sec. 113. Mine rescue team training credit. +Sec. 114. Classification of certain race horses as 3-year property. +Sec. 115. 7-year recovery period for motorsports entertainment + complexes. +Sec. 116. Accelerated depreciation for business property on Indian + reservations. +Sec. 117. Expensing rules for certain productions. +Sec. 118. Empowerment zone tax incentives. +Sec. 119. American Samoa economic development credit. + + Subtitle C--Incentives for Energy Production, Efficiency, and Green + Economy Jobs + +Sec. 121. Biodiesel and renewable diesel. +Sec. 122. Second generation biofuel producer credit. +Sec. 123. Nonbusiness energy property. +Sec. 124. Qualified fuel cell motor vehicles. +Sec. 125. Alternative fuel refueling property credit. +Sec. 126. 2-wheeled plug-in electric vehicle credit. +Sec. 127. Credit for electricity produced from certain renewable + resources. +Sec. 128. Production credit for Indian coal facilities. +Sec. 129. Energy efficient homes credit. +Sec. 130. Special allowance for second generation biofuel plant + property. +Sec. 131. Energy efficient commercial buildings deduction. +Sec. 132. Special rule for sales or dispositions to implement FERC or + State electric restructuring policy for qualified electric + utilities. +Sec. 133. Extension and clarification of excise tax credits relating to + alternative fuels. +Sec. 134. Oil spill liability trust fund rate. + + Subtitle D--Certain Provisions Expiring at the End of 2019 + +Sec. 141. New markets tax credit. +Sec. 142. Employer credit for paid family and medical leave. +Sec. 143. Work opportunity credit. +Sec. 144. Certain provisions related to beer, wine, and distilled + spirits. +Sec. 145. Look-thru rule for related controlled foreign corporations. +Sec. 146. Credit for health insurance costs of eligible individuals. + + TITLE II--DISASTER TAX RELIEF + +Sec. 201. Definitions. +Sec. 202. Special disaster-related rules for use of retirement funds. +Sec. 203. Employee retention credit for employers affected by qualified + disasters. +Sec. 204. Other disaster-related tax relief provisions. +Sec. 205. Automatic extension of filing deadlines in case of certain + taxpayers affected by Federally declared disasters. +Sec. 206. Modification of the tax rate for the excise tax on investment + income of private foundations. +Sec. 207. Additional low-income housing credit allocations for qualified + 2017 and 2018 California disaster areas. +Sec. 208. Treatment of certain possessions. + + TITLE III--OTHER PROVISIONS + +Sec. 301. Modification of income for purposes of determining tax-exempt + status of certain mutual or cooperative telephone or electric + companies. +Sec. 302. Repeal of increase in unrelated business taxable income for + certain fringe benefit expenses. + + (c) Amendment of 1986 Code.--Except as otherwise expressly +provided, whenever in this division an amendment or repeal is expressed +in terms of an amendment to, or repeal of, a section or other +provision, the reference shall be considered to be made to a section or +other provision of the Internal Revenue Code of 1986. + + TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS + Subtitle A--Tax Relief and Support for Families and Individuals + + SEC. 101. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED + PRINCIPAL RESIDENCE INDEBTEDNESS. + (a) In General.--Section 108(a)(1)(E) is amended by striking +``January 1, 2018'' each place it appears and inserting ``January 1, +2021''. + (b) Conforming Amendment.--Section 108(h)(2) is amended by +inserting ``and determined without regard to the substitution described +in section 163(h)(3)(F)(i)(II)'' after ``clause (ii) thereof''. + (c) Effective Date.--The amendments made by this section shall +apply to discharges of indebtedness after December 31, 2017. + SEC. 102. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED + RESIDENCE INTEREST. + (a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by striking +``December 31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to amounts paid or accrued after December 31, 2017. + SEC. 103. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR. + (a) In General.--Section 213(f) is amended to read as follows: + ``(f) Temporary Special Rule.--In the case of taxable years +beginning before January 1, 2021, subsection (a) shall be applied with +respect to a taxpayer by substituting `7.5 percent' for `10 +percent'.''. + (b) Alternative Minimum Tax.--Section 56(b)(1) is amended by +striking subparagraph (B) and by redesignating subparagraphs (C), (D), +(E), and (F), as subparagraphs (B), (C), (D), and (E), respectively. + (c) Effective Date.--The amendments made by this section shall +apply to taxable years ending after December 31, 2018. + SEC. 104. DEDUCTION OF QUALIFIED TUITION AND RELATED EXPENSES. + (a) In General.--Section 222(e) is amended by striking ``December +31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years beginning after December 31, 2017. + SEC. 105. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX. + (a) In General.--Section 4121(e)(2)(A) is amended by striking +``December 31, 2018'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +on and after the first day of the first calendar month beginning after +the date of the enactment of this Act. + + Subtitle B--Incentives for Employment, Economic Growth, and Community + Development + + SEC. 111. INDIAN EMPLOYMENT CREDIT. + (a) In General.--Section 45A(f) is amended by striking ``December +31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years beginning after December 31, 2017. + SEC. 112. RAILROAD TRACK MAINTENANCE CREDIT. + (a) In General.--Section 45G(f) is amended by striking ``January 1, +2018'' and inserting ``January 1, 2023''. + (b) Safe Harbor Assignments.--Any assignment, including related +expenditures paid or incurred, under section 45G(b)(2) of the Internal +Revenue Code of 1986 for a taxable year beginning on or after January +1, 2018, and ending before January 1, 2020, shall be treated as +effective as of the close of such taxable year if made pursuant to a +written agreement entered into no later than 90 days following the date +of the enactment of this Act. + (c) Effective Date.--The amendment made by this section shall apply +to expenditures paid or incurred during taxable years beginning after +December 31, 2017. + SEC. 113. MINE RESCUE TEAM TRAINING CREDIT. + (a) In General.--Section 45N(e) is amended by striking ``December +31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years beginning after December 31, 2017. + SEC. 114. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR PROPERTY. + (a) In General.--Section 168(e)(3)(A)(i) is amended-- + (1) by striking ``January 1, 2018'' in subclause (I) and + inserting ``January 1, 2021'', and + (2) by striking ``December 31, 2017'' in subclause (II) and + inserting ``December 31, 2020''. + (b) Effective Date.--The amendments made by this section shall +apply to property placed in service after December 31, 2017. + SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT + COMPLEXES. + (a) In General.--Section 168(i)(15)(D) is amended by striking +``December 31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to property placed in service after December 31, 2017. + SEC. 116. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN + RESERVATIONS. + (a) In General.--Section 168(j)(9) is amended by striking +``December 31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to property placed in service after December 31, 2017. + SEC. 117. EXPENSING RULES FOR CERTAIN PRODUCTIONS. + (a) In General.--Section 181(g) is amended by striking ``December +31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to productions commencing after December 31, 2017. + SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES. + (a) In General.--Section 1391(d)(1)(A)(i) is amended by striking +``December 31, 2017'' and inserting ``December 31, 2020''. + (b) Treatment of Certain Termination Dates Specified in +Nominations.--In the case of a designation of an empowerment zone the +nomination for which included a termination date which is +contemporaneous with the date specified in subparagraph (A)(i) of +section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect +before the enactment of this Act), subparagraph (B) of such section +shall not apply with respect to such designation if, after the date of +the enactment of this section, the entity which made such nomination +amends the nomination to provide for a new termination date in such +manner as the Secretary of the Treasury (or the Secretary's designee) +may provide. + (c) Effective Date.--The amendment made by subsection (a) shall +apply to taxable years beginning after December 31, 2017. + SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT. + (a) In General.--Section 119(d) of division A of the Tax Relief and +Health Care Act of 2006 is amended-- + (1) by striking ``January 1, 2018'' each place it appears and + inserting ``January 1, 2021'', + (2) by striking ``first 12 taxable years'' in paragraph (1) and + inserting ``first 15 taxable years'', + (3) by striking ``first 6 taxable years'' in paragraph (2) and + inserting ``first 9 taxable years'', and + (4) by adding at the end the following flush sentence: +``In the case of a corporation described in subsection (a)(2), the +Internal Revenue Code of 1986 shall be applied and administered without +regard to the amendments made by section 401(d)(1) of the Tax Technical +Corrections Act of 2018.''. + (b) Conforming Amendment.--Section 119(e) of division A of the Tax +Relief and Health Care Act of 2006 is amended by inserting ``(as in +effect before its repeal)'' after ``section 199 of the Internal Revenue +Code of 1986''. + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after December 31, 2017. + + Subtitle C--Incentives for Energy Production, Efficiency, and Green + Economy Jobs + + SEC. 121. BIODIESEL AND RENEWABLE DIESEL. + (a) Income Tax Credit.-- + (1) In general.--Section 40A(g) is amended by striking + ``December 31, 2017'' and inserting ``December 31, 2022''. + (2) Effective date.--The amendment made by this subsection + shall apply to fuel sold or used after December 31, 2017. + (b) Excise Tax Incentives.-- + (1) Termination.-- + (A) In general.--Section 6426(c)(6) is amended by striking + ``December 31, 2017'' and inserting ``December 31, 2022''. + (B) Payments.--Section 6427(e)(6)(B) is amended by striking + ``December 31, 2017'' and inserting ``December 31, 2022''. + (2) Effective date.--The amendments made by this subsection + shall apply to fuel sold or used after December 31, 2017. + (3) Special rule.--Notwithstanding any other provision of law, + in the case of any biodiesel mixture credit properly determined + under section 6426(c) of the Internal Revenue Code of 1986 for the + period beginning on January 1, 2018, and ending with the close of + the last calendar quarter beginning before the date of the + enactment of this Act, such credit shall be allowed, and any refund + or payment attributable to such credit (including any payment under + section 6427(e) of such Code) shall be made, only in such manner as + the Secretary of the Treasury (or the Secretary's delegate) shall + provide. Such Secretary shall issue guidance within 30 days after + the date of the enactment of this Act providing for a one-time + submission of claims covering periods described in the preceding + sentence. Such guidance shall provide for a 180-day period for the + submission of such claims (in such manner as prescribed by such + Secretary) to begin not later than 30 days after such guidance is + issued. Such claims shall be paid by such Secretary not later than + 60 days after receipt. If such Secretary has not paid pursuant to a + claim filed under this subsection within 60 days after the date of + the filing of such claim, the claim shall be paid with interest + from such date determined by using the overpayment rate and method + under section 6621 of such Code. + SEC. 122. SECOND GENERATION BIOFUEL PRODUCER CREDIT. + (a) In General.--Section 40(b)(6)(J)(i) is amended by striking +``January 1, 2018'' and inserting ``January 1, 2021''. + (b) Effective Date.--The amendment made by this section shall apply +to qualified second generation biofuel production after December 31, +2017. + SEC. 123. NONBUSINESS ENERGY PROPERTY. + (a) In General.--Section 25C(g)(2) is amended by striking +``December 31, 2017'' and inserting ``December 31, 2020''. + (b) Technical Amendment.--Section 25C(d)(3) is amended-- + (1) by striking ``an energy factor of at least 2.0'' in + subparagraph (A) and inserting ``a Uniform Energy Factor of at + least 2.2'', and + (2) by striking ``an energy factor'' in subparagraph (D) and + inserting ``a Uniform Energy Factor''. + (c) Effective Date.--The amendments made by this section shall +apply to property placed in service after December 31, 2017. + SEC. 124. QUALIFIED FUEL CELL MOTOR VEHICLES. + (a) In General.--Section 30B(k)(1) is amended by striking +``December 31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to property purchased after December 31, 2017. + SEC. 125. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT. + (a) In General.--Section 30C(g) is amended by striking ``December +31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to property placed in service after December 31, 2017. + SEC. 126. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT. + (a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking +``January 1, 2018'' and inserting ``January 1, 2021''. + (b) Effective Date.--The amendment made by this section shall apply +to vehicles acquired after December 31, 2017. + SEC. 127. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE + RESOURCES. + (a) In General.--The following provisions of section 45(d) are each +amended by striking ``January 1, 2018'' each place it appears and +inserting ``January 1, 2021'': + (1) Paragraph (2)(A). + (2) Paragraph (3)(A). + (3) Paragraph (4)(B). + (4) Paragraph (6). + (5) Paragraph (7). + (6) Paragraph (9). + (7) Paragraph (11)(B). + (b) Extension of Election to Treat Qualified Facilities as Energy +Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1, +2018 (January 1, 2020, in the case of any facility which is described +in paragraph (1) of section 45(d))'' and inserting ``January 1, 2021''. + (c) Application of Extension to Wind Facilities.-- + (1) In general.--Section 45(d)(1) is amended by striking + ``January 1, 2020'' and inserting ``January 1, 2021''. + (2) Application of phaseout percentage.-- + (A) In general.--Section 45(b)(5) is amended by striking + ``and'' at the end of subparagraph (B), by striking the period + at the end of subparagraph (C) and inserting ``, and'', and by + adding at the end the following new subparagraph: + ``(D) in the case of any facility the construction of which + begins after December 31, 2019, and before January 1, 2021, 40 + percent.''. + (B) Treatment as energy property.--Section 48(a)(5)(E) is + amended by striking ``and'' at the end of clause (ii), by + striking the period at the end of clause (iii) and inserting + ``, and'', and by adding at the end the following new clause: + ``(iv) in the case of any facility the construction of + which begins after December 31, 2019, and before January 1, + 2021, 40 percent.''. + (d) Effective Date.--The amendments made by this section shall take +effect on January 1, 2018. + SEC. 128. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES. + (a) In General.--Section 45(e)(10)(A) is amended by striking ``12- +year period'' each place it appears and inserting ``15-year period''. + (b) Effective Date.--The amendment made by this section shall apply +to coal produced after December 31, 2017. + SEC. 129. ENERGY EFFICIENT HOMES CREDIT. + (a) In General.--Section 45L(g) is amended by striking ``December +31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to homes acquired after December 31, 2017. + SEC. 130. SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL PLANT + PROPERTY. + (a) In General.--Section 168(l)(2)(D) is amended by striking +``January 1, 2018'' and inserting ``January 1, 2021''. + (b) Effective Date.--The amendment made by this section shall apply +to property placed in service after December 31, 2017. + SEC. 131. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION. + (a) In General.--Section 179D(h) is amended by striking ``December +31, 2017'' and inserting ``December 31, 2020''. + (b) Effective Dates.--The amendment made by subsection (a) shall +apply to property placed in service after December 31, 2017. + SEC. 132. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT FERC + OR STATE ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED ELECTRIC + UTILITIES. + (a) In General.--Section 451(k)(3) is amended by striking ``January +1, 2018'' and inserting ``January 1, 2021''. + (b) Effective Date.--The amendment made by this section shall apply +to dispositions after December 31, 2017. + SEC. 133. EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS + RELATING TO ALTERNATIVE FUELS. + (a) Extension.-- + (1) In general.--Sections 6426(d)(5) and 6426(e)(3) are each + amended by striking ``December 31, 2017'' and inserting ``December + 31, 2020''. + (2) Outlay payments for alternative fuels.--Section + 6427(e)(6)(C) is amended by striking ``December 31, 2017'' and + inserting ``December 31, 2020''. + (3) Special rule.--Notwithstanding any other provision of law, + in the case of any alternative fuel credit properly determined + under section 6426(d) of the Internal Revenue Code of 1986 for the + period beginning on January 1, 2018, and ending with the close of + the last calendar quarter beginning before the date of the + enactment of this Act, such credit shall be allowed, and any refund + or payment attributable to such credit (including any payment under + section 6427(e) of such Code) shall be made, only in such manner as + the Secretary of the Treasury (or the Secretary's delegate) shall + provide. Such Secretary shall issue guidance within 30 days after + the date of the enactment of this Act providing for a one-time + submission of claims covering periods described in the preceding + sentence. Such guidance shall provide for a 180-day period for the + submission of such claims (in such manner as prescribed by such + Secretary) to begin not later than 30 days after such guidance is + issued. Such claims shall be paid by such Secretary not later than + 60 days after receipt. If such Secretary has not paid pursuant to a + claim filed under this subsection within 60 days after the date of + the filing of such claim, the claim shall be paid with interest + from such date determined by using the overpayment rate and method + under section 6621 of such Code. + (4) Effective date.--The amendments made by this subsection + shall apply to fuel sold or used after December 31, 2017. + (b) Clarification of Rules Regarding Alternative Fuel Mixture +Credit.-- + (1) In general.--Paragraph (2) of section 6426(e) is amended by + striking ``mixture of alternative fuel'' and inserting ``mixture of + alternative fuel (other than a fuel described in subparagraph (A), + (C), or (F) of subsection (d)(2))''. + (2) Effective date.--The amendment made by this subsection + shall apply to-- + (A) fuel sold or used on or after the date of the enactment + of this Act, and + (B) fuel sold or used before such date of enactment, but + only to the extent that claims for the credit under section + 6426(e) of the Internal Revenue Code of 1986 with respect to + such sale or use-- + (i) have not been paid or allowed as of such date, and + (ii) were made on or after January 8, 2018. + (3) No inference.--Nothing contained in this subsection or the + amendments made by this subsection shall be construed to create any + inference as to a change in law or guidance in effect prior to + enactment of this subsection. + SEC. 134. OIL SPILL LIABILITY TRUST FUND RATE. + (a) In General.--Section 4611(f)(2) is amended by striking +``December 31, 2018'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +on and after the first day of the first calendar month beginning after +the date of the enactment of this Act. + + Subtitle D--Certain Provisions Expiring at the End of 2019 + + SEC. 141. NEW MARKETS TAX CREDIT. + (a) In General.--Section 45D(f)(1) is amended by striking ``and'' +at the end of subparagraph (F), by striking the period at the end of +subparagraph (G) and inserting ``, and'', and by adding at the end the +following new subparagraph: + ``(H) $5,000,000,000 for 2020.''. + (b) Carryover of Unused Limitation.--Section 45D(f)(3) is amended +by striking ``2024'' and inserting ``2025''. + (c) Effective Date.--The amendments made by this section shall +apply to calendar years beginning after December 31, 2019. + SEC. 142. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. + (a) In General.--Section 45S(i) is amended by striking ``December +31, 2019'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to wages paid in taxable years beginning after December 31, 2019. + SEC. 143. WORK OPPORTUNITY CREDIT. + (a) In General.--Section 51(c)(4) is amended by striking ``December +31, 2019'' and inserting ``December 31, 2020''. + (b) Effective Date.--The amendment made by this section shall apply +to individuals who begin work for the employer after December 31, 2019. + SEC. 144. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED + SPIRITS. + (a) Exemption for Aging Process of Beer, Wine, and Distilled +Spirits.-- + (1) In general.--Section 263A(f)(4)(B) is amended by striking + ``December 31, 2019'' and inserting ``December 31, 2020''. + (2) Effective date.--The amendment made by this subsection + shall apply to interest costs paid or accrued after December 31, + 2019. + (b) Reduced Rate of Excise Tax on Beer.-- + (1) In general.--Paragraphs (1)(C) and (2)(A) of section + 5051(a) are each amended by striking ``January 1, 2020'' and + inserting ``January 1, 2021''. + (2) Effective date.--The amendments made by this subsection + shall apply to beer removed after December 31, 2019. + (c) Transfer of Beer Between Bonded Facilities.-- + (1) In general.--Section 5414(b)(3) is amended by striking + ``December 31, 2019'' and inserting ``December 31, 2020''. + (2) Effective date.--The amendment made by this subsection + shall apply to calendar quarters beginning after December 31, 2019. + (d) Reduced Rate of Excise Tax on Certain Wine.-- + (1) In general.--Section 5041(c)(8)(A) is amended by striking + ``January 1, 2020'' and inserting ``January 1, 2021''. + (2) Conforming amendment.--The heading of section 5041(c)(8) is + amended by striking ``Special rule for 2018 and 2019'' and + inserting ``Temporary special rule''. + (3) Effective date.--The amendments made by this subsection + shall apply to wine removed after December 31, 2019. + (e) Adjustment of Alcohol Content Level for Application of Excise +Taxes.-- + (1) In general.--Paragraphs (1) and (2) of section 5041(b) are + each amended by striking ``January 1, 2020'' and inserting + ``January 1, 2021''. + (2) Effective date.--The amendments made by this subsection + shall apply to wine removed after December 31, 2019. + (f) Definition of Mead and Low Alcohol by Volume Wine.-- + (1) In general.--Section 5041(h)(3) is amended by striking + ``December 31, 2019'' and inserting ``December 31, 2020''. + (2) Effective date.--The amendment made by this subsection + shall apply to wine removed after December 31, 2019. + (g) Reduced Rate of Excise Tax on Certain Distilled Spirits.-- + (1) In general.--Section 5001(c)(4) is amended by striking + ``December 31, 2019'' and inserting ``December 31, 2020''. + (2) Conforming amendment.--The heading of section 5001(c) is + amended by striking ``Reduced Rate for 2018 and 2019'' and + inserting ``Temporary Reduced Rate''. + (3) Effective date.--The amendments made by this subsection + shall apply to distilled spirits removed after December 31, 2019. + (h) Bulk Distilled Spirits.-- + (1) In general.--Section 5212 is amended by striking ``January + 1, 2020'' and inserting ``January 1, 2021''. + (2) Effective date.--The amendment made by this subsection + shall apply to distilled spirits transferred in bond after December + 31, 2019. + (i) Simplification of Rules Regarding Records, Statements, and +Returns.-- + (1) In general.--Section 5555(a) is amended by striking + ``January 1, 2020'' and inserting ``January 1, 2021''. + (2) Effective date.--The amendment made by this subsection + shall apply to calendar quarters beginning after December 31, 2019. + (j) Technical Correction.-- + (1) In general.--Section 5041(c)(8) is amended by adding at the + end the following new subparagraph: + ``(C) Application of certain rules.--Paragraphs (3) and (6) + shall be applied by substituting `paragraph (1) or (8)' for + `paragraph (1)' each place it appears therein.''. + (2) Effective date.--The amendment made by this subsection + shall take effect as if included in section 13804 of Public Law + 115-97. + SEC. 145. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN + CORPORATIONS. + (a) In General.--Section 954(c)(6)(C) is amended by striking +``January 1, 2020'' and inserting ``January 1, 2021''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years of foreign corporations beginning after December 31, +2019, and to taxable years of United States shareholders with or within +which such taxable years of foreign corporations end. + SEC. 146. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE + INDIVIDUALS. + (a) In General.--Section 35(b)(1)(B) is amended by striking +``January 1, 2020'' and inserting ``January 1, 2021''. + (b) Effective Date.--The amendment made by this section shall apply +to months beginning after December 31, 2019. + + TITLE II--DISASTER TAX RELIEF + + SEC. 201. DEFINITIONS. + For purposes of this title-- + (1) Qualified disaster area.-- + (A) In general.--The term ``qualified disaster area'' means + any area with respect to which a major disaster was declared, + during the period beginning on January 1, 2018, and ending on + the date which is 60 days after the date of the enactment of + this Act, by the President under section 401 of the Robert T. + Stafford Disaster Relief and Emergency Assistance Act if the + incident period of the disaster with respect to which such + declaration is made begins on or before the date of the + enactment of this Act. + (B) Denial of double benefit.--Such term shall not include + the California wildfire disaster area (as defined in section + 20101 of subdivision 2 of division B of the Bipartisan Budget + Act of 2018). + (2) Qualified disaster zone.--The term ``qualified disaster + zone'' means that portion of any qualified disaster area which was + determined by the President, during the period beginning on January + 1, 2018, and ending on the date which is 60 days after the date of + the enactment of this Act, to warrant individual or individual and + public assistance from the Federal Government under the Robert T. + Stafford Disaster Relief and Emergency Assistance Act by reason of + the qualified disaster with respect to such disaster area. + (3) Qualified disaster.--The term ``qualified disaster'' means, + with respect to any qualified disaster area, the disaster by reason + of which a major disaster was declared with respect to such area. + (4) Incident period.--The term ``incident period'' means, with + respect to any qualified disaster, the period specified by the + Federal Emergency Management Agency as the period during which such + disaster occurred (except that for purposes of this title such + period shall not be treated as beginning before January 1, 2018, or + ending after the date which is 30 days after the date of the + enactment of this Act). + SEC. 202. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT + FUNDS. + (a) Tax-favored Withdrawals From Retirement Plans.-- + (1) In general.--Section 72(t) of the Internal Revenue Code of + 1986 shall not apply to any qualified disaster distribution. + (2) Aggregate dollar limitation.-- + (A) In general.--For purposes of this subsection, the + aggregate amount of distributions received by an individual + which may be treated as qualified disaster distributions for + any taxable year shall not exceed the excess (if any) of-- + (i) $100,000, over + (ii) the aggregate amounts treated as qualified + disaster distributions received by such individual for all + prior taxable years. + (B) Treatment of plan distributions.--If a distribution to + an individual would (without regard to subparagraph (A)) be a + qualified disaster distribution, a plan shall not be treated as + violating any requirement of the Internal Revenue Code of 1986 + merely because the plan treats such distribution as a qualified + disaster distribution, unless the aggregate amount of such + distributions from all plans maintained by the employer (and + any member of any controlled group which includes the employer) + to such individual exceeds $100,000. + (C) Controlled group.--For purposes of subparagraph (B), + the term ``controlled group'' means any group treated as a + single employer under subsection (b), (c), (m), or (o) of + section 414 of the Internal Revenue Code of 1986. + (D) Special rule for individuals affected by more than one + disaster.--The limitation of subparagraph (A) shall be applied + separately with respect to distributions made with respect to + each qualified disaster. + (3) Amount distributed may be repaid.-- + (A) In general.--Any individual who receives a qualified + disaster distribution may, at any time during the 3-year period + beginning on the day after the date on which such distribution + was received, make 1 or more contributions in an aggregate + amount not to exceed the amount of such distribution to an + eligible retirement plan of which such individual is a + beneficiary and to which a rollover contribution of such + distribution could be made under section 402(c), 403(a)(4), + 403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue + Code of 1986, as the case may be. + (B) Treatment of repayments of distributions from eligible + retirement plans other than iras.--For purposes of the Internal + Revenue Code of 1986, if a contribution is made pursuant to + subparagraph (A) with respect to a qualified disaster + distribution from an eligible retirement plan other than an + individual retirement plan, then the taxpayer shall, to the + extent of the amount of the contribution, be treated as having + received the qualified disaster distribution in an eligible + rollover distribution (as defined in section 402(c)(4) of such + Code) and as having transferred the amount to the eligible + retirement plan in a direct trustee to trustee transfer within + 60 days of the distribution. + (C) Treatment of repayments of distributions from iras.-- + For purposes of the Internal Revenue Code of 1986, if a + contribution is made pursuant to subparagraph (A) with respect + to a qualified disaster distribution from an individual + retirement plan (as defined by section 7701(a)(37) of such + Code), then, to the extent of the amount of the contribution, + the qualified disaster distribution shall be treated as a + distribution described in section 408(d)(3) of such Code and as + having been transferred to the eligible retirement plan in a + direct trustee to trustee transfer within 60 days of the + distribution. + (4) Definitions.--For purposes of this subsection-- + (A) Qualified disaster distribution.--Except as provided in + paragraph (2), the term ``qualified disaster distribution'' + means any distribution from an eligible retirement plan made-- + (i) on or after the first day of the incident period of + a qualified disaster and before the date which is 180 days + after the date of the enactment of this Act, and + (ii) to an individual whose principal place of abode at + any time during the incident period of such qualified + disaster is located in the qualified disaster area with + respect to such qualified disaster and who has sustained an + economic loss by reason of such qualified disaster. + (B) Eligible retirement plan.--The term ``eligible + retirement plan'' shall have the meaning given such term by + section 402(c)(8)(B) of the Internal Revenue Code of 1986. + (5) Income inclusion spread over 3-year period.-- + (A) In general.--In the case of any qualified disaster + distribution, unless the taxpayer elects not to have this + paragraph apply for any taxable year, any amount required to be + included in gross income for such taxable year shall be so + included ratably over the 3-taxable-year period beginning with + such taxable year. + (B) Special rule.--For purposes of subparagraph (A), rules + similar to the rules of subparagraph (E) of section 408A(d)(3) + of the Internal Revenue Code of 1986 shall apply. + (6) Special rules.-- + (A) Exemption of distributions from trustee to trustee + transfer and withholding rules.--For purposes of sections + 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of + 1986, qualified disaster distributions shall not be treated as + eligible rollover distributions. + (B) Qualified disaster distributions treated as meeting + plan distribution requirements.--For purposes the Internal + Revenue Code of 1986, a qualified disaster distribution shall + be treated as meeting the requirements of sections + 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) + of such Code. + (b) Recontributions of Withdrawals for Home Purchases.-- + (1) Recontributions.-- + (A) In general.--Any individual who received a qualified + distribution may, during the applicable period, make 1 or more + contributions in an aggregate amount not to exceed the amount + of such qualified distribution to an eligible retirement plan + (as defined in section 402(c)(8)(B) of the Internal Revenue + Code of 1986) of which such individual is a beneficiary and to + which a rollover contribution of such distribution could be + made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), + of such Code, as the case may be. + (B) Treatment of repayments.--Rules similar to the rules of + subparagraphs (B) and (C) of subsection (a)(3) shall apply for + purposes of this subsection. + (2) Qualified distribution.--For purposes of this subsection, + the term ``qualified distribution'' means any distribution-- + (A) described in section 401(k)(2)(B)(i)(IV), + 403(b)(7)(A)(ii) (but only to the extent such distribution + relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), + of the Internal Revenue Code of 1986, + (B) which was to be used to purchase or construct a + principal residence in a qualified disaster area, but which was + not so used on account of the qualified disaster with respect + to such area, and + (C) which was received during the period beginning on the + date which is 180 days before the first day of the incident + period of such qualified disaster and ending on the date which + is 30 days after the last day of such incident period. + (3) Applicable period.--For purposes of this subsection, the + term ``applicable period'' means, in the case of a principal + residence in a qualified disaster area with respect to any + qualified disaster, the period beginning on the first day of the + incident period of such qualified disaster and ending on the date + which is 180 days after the date of the enactment of this Act. + (c) Loans From Qualified Plans.-- + (1) Increase in limit on loans not treated as distributions.-- + In the case of any loan from a qualified employer plan (as defined + under section 72(p)(4) of the Internal Revenue Code of 1986) to a + qualified individual made during the 180-day period beginning on + the date of the enactment of this Act-- + (A) clause (i) of section 72(p)(2)(A) of such Code shall be + applied by substituting ``$100,000'' for ``$50,000'', and + (B) clause (ii) of such section shall be applied by + substituting ``the present value of the nonforfeitable accrued + benefit of the employee under the plan'' for ``one-half of the + present value of the nonforfeitable accrued benefit of the + employee under the plan''. + (2) Delay of repayment.--In the case of a qualified individual + (with respect to any qualified disaster) with an outstanding loan + (on or after the first day of the incident period of such qualified + disaster) from a qualified employer plan (as defined in section + 72(p)(4) of the Internal Revenue Code of 1986)-- + (A) if the due date pursuant to subparagraph (B) or (C) of + section 72(p)(2) of such Code for any repayment with respect to + such loan occurs during the period beginning on the first day + of the incident period of such qualified disaster and ending on + the date which is 180 days after the last day of such incident + period, such due date shall be delayed for 1 year (or, if + later, until the date which is 180 days after the date of the + enactment of this Act), + (B) any subsequent repayments with respect to any such loan + shall be appropriately adjusted to reflect the delay in the due + date under subparagraph (A) and any interest accruing during + such delay, and + (C) in determining the 5-year period and the term of a loan + under subparagraph (B) or (C) of section 72(p)(2) of such Code, + the period described in subparagraph (A) of this paragraph + shall be disregarded. + (3) Qualified individual.--For purposes of this subsection, the + term ``qualified individual'' means any individual-- + (A) whose principal place of abode at any time during the + incident period of any qualified disaster is located in the + qualified disaster area with respect to such qualified + disaster, and + (B) who has sustained an economic loss by reason of such + qualified disaster. + (d) Provisions Relating to Plan Amendments.-- + (1) In general.--If this subsection applies to any amendment to + any plan or annuity contract, such plan or contract shall be + treated as being operated in accordance with the terms of the plan + during the period described in paragraph (2)(B)(i). + (2) Amendments to which subsection applies.-- + (A) In general.--This subsection shall apply to any + amendment to any plan or annuity contract which is made-- + (i) pursuant to any provision of this section, or + pursuant to any regulation issued by the Secretary or the + Secretary of Labor under any provision of this section, and + (ii) on or before the last day of the first plan year + beginning on or after January 1, 2020, or such later date + as the Secretary may prescribe. + In the case of a governmental plan (as defined in section + 414(d) of the Internal Revenue Code of 1986), clause (ii) shall + be applied by substituting the date which is 2 years after the + date otherwise applied under clause (ii). + (B) Conditions.--This subsection shall not apply to any + amendment unless-- + (i) during the period-- + + (I) beginning on the date that this section or the + regulation described in subparagraph (A)(i) takes + effect (or in the case of a plan or contract amendment + not required by this section or such regulation, the + effective date specified by the plan), and + (II) ending on the date described in subparagraph + (A)(ii) (or, if earlier, the date the plan or contract + amendment is adopted), + + the plan or contract is operated as if such plan or contract + amendment were in effect, and + (ii) such plan or contract amendment applies + retroactively for such period. + SEC. 203. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY + QUALIFIED DISASTERS. + (a) In General.--For purposes of section 38 of the Internal Revenue +Code of 1986, in the case of an eligible employer, the 2018 through +2019 qualified disaster employee retention credit shall be treated as a +credit listed at the end of subsection (b) of such section. For +purposes of this subsection, the 2018 through 2019 qualified disaster +employee retention credit for any taxable year is an amount equal to 40 +percent of the qualified wages with respect to each eligible employee +of such employer for such taxable year. The amount of qualified wages +with respect to any employee which may be taken into account under this +subsection by the employer for any taxable year shall not exceed $6,000 +(reduced by the amount of qualified wages with respect to such employee +which may be so taken into account for any prior taxable year). + (b) Definitions.--For purposes of this section-- + (1) Eligible employer.--The term ``eligible employer'' means + any employer-- + (A) which conducted an active trade or business in a + qualified disaster zone at any time during the incident period + of the qualified disaster with respect to such qualified + disaster zone, and + (B) with respect to whom the trade or business described in + subparagraph (A) is inoperable at any time during the period + beginning on the first day of the incident period of such + qualified disaster and ending on the date of the enactment of + this Act, as a result of damage sustained by reason of such + qualified disaster. + (2) Eligible employee.--The term ``eligible employee'' means + with respect to an eligible employer an employee whose principal + place of employment with such eligible employer (determined + immediately before the qualified disaster referred to in paragraph + (1)) was in the qualified disaster zone referred to in such + paragraph. + (3) Qualified wages.--The term ``qualified wages'' means wages + (as defined in section 51(c)(1) of the Internal Revenue Code of + 1986, but without regard to section 3306(b)(2)(B) of such Code) + paid or incurred by an eligible employer with respect to an + eligible employee at any time on or after the date on which the + trade or business described in paragraph (1) first became + inoperable at the principal place of employment of the employee + (determined immediately before the qualified disaster referred to + in such paragraph) and before the earlier of-- + (A) the date on which such trade or business has resumed + significant operations at such principal place of employment, + or + (B) the date which 150 days after the last day of the + incident period of the qualified disaster referred to in + paragraph (1). + Such term shall include wages paid without regard to whether the + employee performs no services, performs services at a different + place of employment than such principal place of employment, or + performs services at such principal place of employment before + significant operations have resumed. + (c) Certain Rules to Apply.--For purposes of this section, rules +similar to the rules of sections 51(i)(1), 52, and 280C(a), of the +Internal Revenue Code of 1986, shall apply. + (d) Employee Not Taken Into Account More Than Once.--An employee +shall not be treated as an eligible employee for purposes of this +section for any period with respect to any employer if such employer is +allowed a credit under section 51 of the Internal Revenue Code of 1986 +with respect to such employee for such period. + SEC. 204. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS. + (a) Temporary Increase in Limitation on Qualified Contributions.-- + (1) Suspension of current limitation.--Except as otherwise + provided in paragraph (2), qualified contributions shall be + disregarded in applying subsections (b) and (d) of section 170 of + the Internal Revenue Code of 1986. + (2) Application of increased limitation.--For purposes of + section 170 of the Internal Revenue Code of 1986-- + (A) Individuals.--In the case of an individual-- + (i) Limitation.--Any qualified contribution shall be + allowed as a deduction only to the extent that the + aggregate of such contributions does not exceed the excess + of the taxpayer's contribution base (as defined in + subparagraph (H) of section 170(b)(1) of such Code) over + the amount of all other charitable contributions allowed + under section 170(b)(1) of such Code. + (ii) Carryover.--If the aggregate amount of qualified + contributions made in the contribution year (within the + meaning of section 170(d)(1) of such Code) exceeds the + limitation of clause (i), such excess shall be added to the + excess described in section 170(b)(1)(G)(ii). + (B) Corporations.--In the case of a corporation-- + (i) Limitation.--Any qualified contribution shall be + allowed as a deduction only to the extent that the + aggregate of such contributions does not exceed the excess + of the taxpayer's taxable income (as determined under + paragraph (2) of section 170(b) of such Code) over the + amount of all other charitable contributions allowed under + such paragraph. + (ii) Carryover.--If the aggregate amount of qualified + contributions made in the contribution year (within the + meaning of section 170(d)(2) of such Code) exceeds the + limitation of clause (i), such excess shall be + appropriately taken into account under section 170(d)(2) + subject to the limitations thereof. + (3) Qualified contributions.-- + (A) In general.--For purposes of this subsection, the term + ``qualified contribution'' means any charitable contribution + (as defined in section 170(c) of the Internal Revenue Code of + 1986) if-- + (i) such contribution-- + + (I) is paid, during the period beginning on January + 1, 2018, and ending on the date which is 60 days after + the date of the enactment of this Act, in cash to an + organization described in section 170(b)(1)(A) of such + Code, and + (II) is made for relief efforts in one or more + qualified disaster areas, + + (ii) the taxpayer obtains from such organization + contemporaneous written acknowledgment (within the meaning + of section 170(f)(8) of such Code) that such contribution + was used (or is to be used) for relief efforts described in + clause (i)(II), and + (iii) the taxpayer has elected the application of this + subsection with respect to such contribution. + (B) Exception.--Such term shall not include a contribution + by a donor if the contribution is-- + (i) to an organization described in section 509(a)(3) + of the Internal Revenue Code of 1986, or + (ii) for the establishment of a new, or maintenance of + an existing, donor advised fund (as defined in section + 4966(d)(2) of such Code). + (C) Application of election to partnerships and s + corporations.--In the case of a partnership or S corporation, + the election under subparagraph (A)(iii) shall be made + separately by each partner or shareholder. + (b) Special Rules for Qualified Disaster-related Personal Casualty +Losses.-- + (1) In general.--If an individual has a net disaster loss for + any taxable year-- + (A) the amount determined under section 165(h)(2)(A)(ii) of + the Internal Revenue Code of 1986 shall be equal to the sum + of-- + (i) such net disaster loss, and + (ii) so much of the excess referred to in the matter + preceding clause (i) of section 165(h)(2)(A) of such Code + (reduced by the amount in clause (i) of this subparagraph) + as exceeds 10 percent of the adjusted gross income of the + individual, + (B) section 165(h)(1) of such Code shall be applied by + substituting ``$500'' for ``$500 ($100 for taxable years + beginning after December 31, 2009)'', + (C) the standard deduction determined under section 63(c) + of such Code shall be increased by the net disaster loss, and + (D) section 56(b)(1)(E) of such Code (section 56(b)(1)(D) + of such Code in the case of taxable years ending after December + 31, 2018) shall not apply to so much of the standard deduction + as is attributable to the increase under subparagraph (C) of + this paragraph. + (2) Net disaster loss.--For purposes of this subsection, the + term ``net disaster loss'' means the excess of qualified disaster- + related personal casualty losses over personal casualty gains (as + defined in section 165(h)(3)(A) of the Internal Revenue Code of + 1986). + (3) Qualified disaster-related personal casualty losses.--For + purposes of this subsection, the term ``qualified disaster-related + personal casualty losses'' means losses described in section + 165(c)(3) of the Internal Revenue Code of 1986 which arise in a + qualified disaster area on or after the first day of the incident + period of the qualified disaster to which such area relates, and + which are attributable to such qualified disaster. + (c) Special Rule for Determining Earned Income.-- + (1) In general.--In the case of a qualified individual, if the + earned income of the taxpayer for the applicable taxable year is + less than the earned income of the taxpayer for the preceding + taxable year, the credits allowed under sections 24(d) and 32 of + the Internal Revenue Code of 1986 may, at the election of the + taxpayer, be determined by substituting-- + (A) such earned income for the preceding taxable year, for + (B) such earned income for the applicable taxable year. + (2) Qualified individual.--For purposes of this subsection, the + term ``qualified individual'' means any individual whose principal + place of abode at any time during the incident period of any + qualified disaster was located-- + (A) in the qualified disaster zone with respect to such + qualified disaster, or + (B) in the qualified disaster area with respect to such + qualified disaster (but outside the qualified disaster zone + with respect to such qualified disaster) and such individual + was displaced from such principal place of abode by reason of + such qualified disaster. + (3) Applicable taxable year.--For purposes of this subsection, + the term ``applicable taxable year'' means-- + (A) in the case of a qualified individual other than an + individual described in subparagraph (B), any taxable year + which includes any portion of the incident period of the + qualified disaster to which the qualified disaster area + referred to in paragraph (2)(A) relates, or + (B) in the case of a qualified individual described in + subparagraph (B) of paragraph (2), any taxable year which + includes any portion of the period described in such + subparagraph. + (4) Earned income.--For purposes of this subsection, the term + ``earned income'' has the meaning given such term under section + 32(c) of the Internal Revenue Code of 1986. + (5) Special rules.-- + (A) Application to joint returns.--For purposes of + paragraph (1), in the case of a joint return for an applicable + taxable year-- + (i) such paragraph shall apply if either spouse is a + qualified individual, and + (ii) the earned income of the taxpayer for the + preceding taxable year shall be the sum of the earned + income of each spouse for such preceding taxable year. + (B) Uniform application of election.--Any election made + under paragraph (1) shall apply with respect to both sections + 24(d) and 32 of the Internal Revenue Code of 1986. + (C) Errors treated as mathematical error.--For purposes of + section 6213 of the Internal Revenue Code of 1986, an incorrect + use on a return of earned income pursuant to paragraph (1) + shall be treated as a mathematical or clerical error. + (D) No effect on determination of gross income, etc.-- + Except as otherwise provided in this subsection, the Internal + Revenue Code of 1986 shall be applied without regard to any + substitution under paragraph (1). + SEC. 205. AUTOMATIC EXTENSION OF FILING DEADLINES IN CASE OF + CERTAIN TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS. + (a) In General.--Section 7508A is amended by adding at the end the +following new subsection: + ``(d) Mandatory 60-day Extension.-- + ``(1) In general.--In the case of any qualified taxpayer, the + period-- + ``(A) beginning on the earliest incident date specified in + the declaration to which the disaster area referred to in + paragraph (2) relates, and + ``(B) ending on the date which is 60 days after the latest + incident date so specified, + shall be disregarded in the same manner as a period specified under + subsection (a). + ``(2) Qualified taxpayer.--For purposes of this subsection, the + term `qualified taxpayer' means-- + ``(A) any individual whose principal residence (for + purposes of section 1033(h)(4)) is located in a disaster area, + ``(B) any taxpayer if the taxpayer's principal place of + business (other than the business of performing services as an + employee) is located in a disaster area, + ``(C) any individual who is a relief worker affiliated with + a recognized government or philanthropic organization and who + is assisting in a disaster area, + ``(D) any taxpayer whose records necessary to meet a + deadline for an act described in section 7508(a)(1) are + maintained in a disaster area, + ``(E) any individual visiting a disaster area who was + killed or injured as a result of the disaster, and + ``(F) solely with respect to a joint return, any spouse of + an individual described in any preceding subparagraph of this + paragraph. + ``(3) Disaster area.--For purposes of this subsection, the term + `disaster area' has the meaning given such term under subparagraph + (B) of section 165(i)(5) with respect to a Federally declared + disaster (as defined in subparagraph (A) of such section). + ``(4) Application to rules regarding pensions.--In the case of + any person described in subsection (b), a rule similar to the rule + of paragraph (1) shall apply for purposes of subsection (b) with + respect to-- + ``(A) making contributions to a qualified retirement plan + (within the meaning of section 4974(c)) under section + 219(f)(3), 404(a)(6), 404(h)(1)(B), or 404(m)(2), + ``(B) making distributions under section 408(d)(4), + ``(C) recharacterizing contributions under section + 408A(d)(6), and + ``(D) making a rollover under section 402(c), 403(a)(4), + 403(b)(8), or 408(d)(3). + ``(5) Coordination with periods specified by the secretary.-- + Any period described in paragraph (1) with respect to any person + (including by reason of the application of paragraph (4)) shall be + in addition to (or concurrent with, as the case may be) any period + specified under subsection (a) or (b) with respect to such + person.''. + (b) Effective Date.--The amendment made by this section shall apply +to federally declared disasters declared after the date of the +enactment of this Act. + SEC. 206. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON + INVESTMENT INCOME OF PRIVATE FOUNDATIONS. + (a) In General.--Section 4940(a) is amended by striking ``2 +percent'' and inserting ``1.39 percent''. + (b) Elimination of Reduced Tax Where Foundation Meets Certain +Distribution Requirements.--Section 4940 is amended by striking +subsection (e). + (c) Effective Date.--The amendments made by this section shall +apply to taxable years beginning after the date of the enactment of +this Act. + SEC. 207. ADDITIONAL LOW-INCOME HOUSING CREDIT ALLOCATIONS FOR + QUALIFIED 2017 AND 2018 CALIFORNIA DISASTER AREAS. + (a) In General.--For purposes of section 42 of the Internal Revenue +Code of 1986, the State housing credit ceiling for California for +calendar year 2020 shall be increased by the lesser of-- + (1) the aggregate housing credit dollar amount allocated by the + State housing credit agencies of California for such calendar year + to buildings located in qualified 2017 and 2018 California disaster + areas, or + (2) 50 percent of the sum of the State housing credit ceilings + for California for calendar years 2017 and 2018. + (b) Allocations Treated as Made First From Additional Allocation +for Purposes of Determining Carryover.--For purposes of determining the +unused State housing credit ceiling for any calendar year under section +42(h)(3)(C) of the Internal Revenue Code of 1986, any increase in the +State housing credit ceiling under subsection (a) shall be treated as +an amount described in clause (ii) of such section. + (c) Definitions.--For purposes of this section-- + (1) Qualified 2017 and 2018 california disaster areas.--The + term ``qualified 2017 and 2018 California disaster areas'' means + any area in California which was determined by the President + (before January 1, 2019) to warrant individual or individual and + public assistance from the Federal Government under the Robert T. + Stafford Disaster Relief and Emergency Assistance Act by reason of + a major disaster the incident period of which begins or ends in + calendar year 2017 or 2018. Notwithstanding section 201, for + purposes of the preceding sentence, the term ``incident period'' + means the period specified by the Federal Emergency Management + Agency as the period during which the disaster occurred. + (2) Other definitions.--Terms used in this section which are + also used in section 42 of the Internal Revenue Code of 1986 shall + have the same meaning in this section as in such section 42. + SEC. 208. TREATMENT OF CERTAIN POSSESSIONS. + (a) Payments to Possessions With Mirror Code Tax Systems.--The +Secretary of the Treasury shall pay to each possession of the United +States which has a mirror code tax system amounts equal to the loss (if +any) to that possession by reason of the application of the provisions +of this title. Such amounts shall be determined by the Secretary of the +Treasury based on information provided by the government of the +respective possession. + (b) Payments to Other Possessions.--The Secretary of the Treasury +shall pay to each possession of the United States which does not have a +mirror code tax system amounts estimated by the Secretary of the +Treasury as being equal to the aggregate benefits (if any) that would +have been provided to residents of such possession by reason of the +provisions of this title if a mirror code tax system had been in effect +in such possession. The preceding sentence shall not apply unless the +respective possession has a plan, which has been approved by the +Secretary of the Treasury, under which such possession will promptly +distribute such payments to its residents. + (c) Mirror Code Tax System.--For purposes of this section, the term +``mirror code tax system'' means, with respect to any possession of the +United States, the income tax system of such possession if the income +tax liability of the residents of such possession under such system is +determined by reference to the income tax laws of the United States as +if such possession were the United States. + (d) Treatment of Payments.--For purposes of section 1324 of title +31, United States Code, the payments under this section shall be +treated in the same manner as a refund due from a credit provision +referred to in subsection (b)(2) of such section. - Passed the House of Representatives October 28, 2019. + TITLE III--OTHER PROVISIONS - Attest: + SEC. 301. MODIFICATION OF INCOME FOR PURPOSES OF DETERMINING TAX- + EXEMPT STATUS OF CERTAIN MUTUAL OR COOPERATIVE TELEPHONE OR + ELECTRIC COMPANIES. + (a) In General.--Section 501(c)(12) is amended by adding at the end +the following new subparagraph: + ``(J) In the case of a mutual or cooperative telephone or + electric company described in this paragraph, subparagraph (A) + shall be applied without taking into account any income + received or accrued from-- + ``(i) any grant, contribution, or assistance provided + pursuant to the Robert T. Stafford Disaster Relief and + Emergency Assistance Act or any similar grant, + contribution, or assistance by any local, State, or + regional governmental entity for the purpose of relief, + recovery, or restoration from, or preparation for, a + disaster or emergency, or + ``(ii) any grant or contribution by any governmental + entity (other than a contribution in aid of construction or + any other contribution as a customer or potential customer) + the purpose of which is substantially related to providing, + constructing, restoring, or relocating electric, + communication, broadband, internet, or other utility + facilities or services.''. + (b) Effective Date.--The amendment made by this section shall apply +to taxable years beginning after December 31, 2017. + SEC. 302. REPEAL OF INCREASE IN UNRELATED BUSINESS TAXABLE INCOME + FOR CERTAIN FRINGE BENEFIT EXPENSES. + (a) In General.--Section 512(a) is amended by striking paragraph +(7). + (b) Effective Date.--The amendment made by this section shall take +effect as if included in the amendments made by section 13703 of Public +Law 115-97. - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From ce5181402ca9ca4d3ca91498cbb7fb8f580a5a02 Mon Sep 17 00:00:00 2001 From: "Rep. Collins, Doug [R-GA-9]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 202/984] House-1952: Introduced to House --- bills_text/House-1952.txt | 91 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 91 insertions(+) create mode 100644 bills_text/House-1952.txt diff --git a/bills_text/House-1952.txt b/bills_text/House-1952.txt new file mode 100644 index 0000000..7c258c2 --- /dev/null +++ b/bills_text/House-1952.txt @@ -0,0 +1,91 @@ +116th CONGRESS + 1st Session + H. R. 1952 + +To amend the Intercountry Adoption Act of 2000 to require the Secretary +of State to report on intercountry adoptions from countries which have + significantly reduced adoption rates involving immigration to the + United States, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 28, 2019 + + Mr. Collins of Georgia (for himself and Mr. Langevin) introduced the + following bill; which was referred to the Committee on Foreign Affairs + +_______________________________________________________________________ + + A BILL + + + +To amend the Intercountry Adoption Act of 2000 to require the Secretary +of State to report on intercountry adoptions from countries which have + significantly reduced adoption rates involving immigration to the + United States, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Intercountry Adoption Information +Act of 2019''. + +SEC. 2. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON + INTERCOUNTRY ADOPTIONS. + + (a) Report Elements.--Section 104(b) of the Intercountry Adoption +Act of 2000 (42 U.S.C. 14914(b)) is amended by adding at the end the +following new paragraphs: + ``(9) A list of countries that established or maintained a + significant law or regulation that prevented or prohibited + adoptions involving immigration to the United States, + regardless of whether such adoptions occurred under the + Convention. + ``(10) For each country listed under paragraph (9), the + date on which the law or regulation was initially implemented. + ``(11) Information on efforts taken with respect to a + country listed under paragraph (9) to encourage the resumption + of halted or stalled adoption proceedings involving immigration + to the United States, regardless of whether the adoptions would + have occurred under the Convention. + ``(12) Information on any action the Secretary carried out + that prevented, prohibited, or halted any adoptions involving + immigration to the United States, regardless of whether the + adoptions occurred under the Convention. + ``(13) For each country listed pursuant to paragraph (12), + a description of-- + ``(A) what policies, procedures, resources, and + safeguards the country lacks, or other shortcomings or + circumstances, that caused the action to be carried + out; + ``(B) what progress the country has made to + alleviate those shortcomings; and + ``(C) what steps the Department of State has taken + in order to assist the country to reopen intercountry + adoptions.''. + (b) Public Availability of Report.--Section 104 of the Intercountry +Adoption Act of 2000 (42 U.S.C. 14914) is amended by adding at the end +the following new subsection: + ``(c) Public Availability of Report.--The Secretary shall make the +information contained in the report required under subsection (a) +available to the public on the website of the Department of State.''. + (c) Privacy Concerns.--In complying with the amendments made by +subsections (a) and (b), the Secretary shall avoid, to the maximum +extent practicable, disclosing any personally identifiable information +relating to United States citizens or the adoptees of such citizens. + (d) Conforming Amendment.--Section 104(a) of the Intercountry +Adoption Act of 2000 (42 U.S.C. 14914(a)) is amended by striking +``International Relations'' and inserting ``Foreign Affairs''. + (e) Application Date.--The amendments made by this section shall +apply with respect to reports required to be submitted under section +104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) +beginning on the date that is 1 year after the date of enactment of +this Act. + \ No newline at end of file From ee3707d387a7b1333d82dedc55a1f7bd7d3b3176 Mon Sep 17 00:00:00 2001 From: "Rep. Collins, Doug [R-GA-9]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 203/984] House-1952: Engrossed in House --- bills_text/House-1952.txt | 48 +++++++++++++++++++++++---------------- 1 file changed, 28 insertions(+), 20 deletions(-) diff --git a/bills_text/House-1952.txt b/bills_text/House-1952.txt index 7c258c2..5a2fffa 100644 --- a/bills_text/House-1952.txt +++ b/bills_text/House-1952.txt @@ -2,25 +2,9 @@ 1st Session H. R. 1952 -To amend the Intercountry Adoption Act of 2000 to require the Secretary -of State to report on intercountry adoptions from countries which have - significantly reduced adoption rates involving immigration to the - United States, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 28, 2019 - - Mr. Collins of Georgia (for himself and Mr. Langevin) introduced the - following bill; which was referred to the Committee on Foreign Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -69,7 +53,12 @@ following new paragraphs: alleviate those shortcomings; and ``(C) what steps the Department of State has taken in order to assist the country to reopen intercountry - adoptions.''. + adoptions. + ``(14) An assessment of the impact of the fee schedule of + the Intercountry Adoption Accreditation and Maintenance Entity + on families seeking to adopt internationally, especially low- + income families, families seeking to adopt sibling groups, or + families seeking to adopt children with disabilities.''. (b) Public Availability of Report.--Section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) is amended by adding at the end the following new subsection: @@ -86,6 +75,25 @@ Adoption Act of 2000 (42 U.S.C. 14914(a)) is amended by striking (e) Application Date.--The amendments made by this section shall apply with respect to reports required to be submitted under section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) -beginning on the date that is 1 year after the date of enactment of +beginning on the date that is 180 days after the date of enactment of this Act. - \ No newline at end of file + + Passed the House of Representatives May 20, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1952 + +_______________________________________________________________________ + + AN ACT + +To amend the Intercountry Adoption Act of 2000 to require the Secretary +of State to report on intercountry adoptions from countries which have + significantly reduced adoption rates involving immigration to the + United States, and for other purposes. From 52397832408b6e007de63d9d726fb5be3ce2b331 Mon Sep 17 00:00:00 2001 From: "Rep. Collins, Doug [R-GA-9]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 204/984] House-1952: Enrolled --- bills_text/House-1952.txt | 113 +++++++++++++++++--------------------- 1 file changed, 50 insertions(+), 63 deletions(-) diff --git a/bills_text/House-1952.txt b/bills_text/House-1952.txt index 5a2fffa..f919120 100644 --- a/bills_text/House-1952.txt +++ b/bills_text/House-1952.txt @@ -1,64 +1,66 @@ -116th CONGRESS - 1st Session - H. R. 1952 + H.R.1952 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the Intercountry Adoption Act of 2000 to require the Secretary -of State to report on intercountry adoptions from countries which have - significantly reduced adoption rates involving immigration to the - United States, and for other purposes. + of State to report on intercountry adoptions from countries which have +significantly reduced adoption rates involving immigration to the United + States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Intercountry Adoption Information Act of 2019''. - SEC. 2. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON - INTERCOUNTRY ADOPTIONS. - +INTERCOUNTRY ADOPTIONS. (a) Report Elements.--Section 104(b) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914(b)) is amended by adding at the end the following new paragraphs: - ``(9) A list of countries that established or maintained a - significant law or regulation that prevented or prohibited - adoptions involving immigration to the United States, - regardless of whether such adoptions occurred under the - Convention. - ``(10) For each country listed under paragraph (9), the - date on which the law or regulation was initially implemented. - ``(11) Information on efforts taken with respect to a - country listed under paragraph (9) to encourage the resumption - of halted or stalled adoption proceedings involving immigration - to the United States, regardless of whether the adoptions would - have occurred under the Convention. - ``(12) Information on any action the Secretary carried out - that prevented, prohibited, or halted any adoptions involving - immigration to the United States, regardless of whether the - adoptions occurred under the Convention. - ``(13) For each country listed pursuant to paragraph (12), - a description of-- - ``(A) what policies, procedures, resources, and - safeguards the country lacks, or other shortcomings or - circumstances, that caused the action to be carried - out; - ``(B) what progress the country has made to - alleviate those shortcomings; and - ``(C) what steps the Department of State has taken - in order to assist the country to reopen intercountry - adoptions. - ``(14) An assessment of the impact of the fee schedule of - the Intercountry Adoption Accreditation and Maintenance Entity - on families seeking to adopt internationally, especially low- - income families, families seeking to adopt sibling groups, or - families seeking to adopt children with disabilities.''. + ``(9) A list of countries that established or maintained a + significant law or regulation that prevented or prohibited + adoptions involving immigration to the United States, regardless of + whether such adoptions occurred under the Convention. + ``(10) For each country listed under paragraph (9), the date on + which the law or regulation was initially implemented. + ``(11) Information on efforts taken with respect to a country + listed under paragraph (9) to encourage the resumption of halted or + stalled adoption proceedings involving immigration to the United + States, regardless of whether the adoptions would have occurred + under the Convention. + ``(12) Information on any action the Secretary carried out that + prevented, prohibited, or halted any adoptions involving + immigration to the United States, regardless of whether the + adoptions occurred under the Convention. + ``(13) For each country listed pursuant to paragraph (12), a + description of-- + ``(A) what policies, procedures, resources, and safeguards + the country lacks, or other shortcomings or circumstances, that + caused the action to be carried out; + ``(B) what progress the country has made to alleviate those + shortcomings; and + ``(C) what steps the Department of State has taken in order + to assist the country to reopen intercountry adoptions. + ``(14) An assessment of the impact of the fee schedule of the + Intercountry Adoption Accreditation and Maintenance Entity on + families seeking to adopt internationally, especially low-income + families, families seeking to adopt sibling groups, or families + seeking to adopt children with disabilities.''. (b) Public Availability of Report.--Section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) is amended by adding at the end the following new subsection: @@ -78,22 +80,7 @@ apply with respect to reports required to be submitted under section beginning on the date that is 180 days after the date of enactment of this Act. - Passed the House of Representatives May 20, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 1952 - -_______________________________________________________________________ - - AN ACT - -To amend the Intercountry Adoption Act of 2000 to require the Secretary -of State to report on intercountry adoptions from countries which have - significantly reduced adoption rates involving immigration to the - United States, and for other purposes. + Vice President of the United States and + President of the Senate. From 6d79e6b4b5a7072c329338e883cea113590b29ec Mon Sep 17 00:00:00 2001 From: "Rep. Lewis, John [D-GA-5]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 205/984] House-1957: Introduced to House --- bills_text/House-1957.txt | 2254 +++++++++++++++++++++++++++++++++++++ 1 file changed, 2254 insertions(+) create mode 100644 bills_text/House-1957.txt diff --git a/bills_text/House-1957.txt b/bills_text/House-1957.txt new file mode 100644 index 0000000..03e8b90 --- /dev/null +++ b/bills_text/House-1957.txt @@ -0,0 +1,2254 @@ +116th CONGRESS + 1st Session + H. R. 1957 + +To amend the Internal Revenue Code of 1986 to modernize and improve the + Internal Revenue Service, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 28, 2019 + +Mr. Lewis (for himself, Mr. Kelly of Pennsylvania, Mr. Neal, Mr. Brady, + Ms. DelBene, Mrs. Walorski, Ms. Sanchez, Mr. LaHood, Mr. Suozzi, Mr. + Wenstrup, Ms. Judy Chu of California, Ms. Moore, and Mr. Brendan F. + Boyle of Pennsylvania) introduced the following bill; which was + referred to the Committee on Ways and Means, and in addition to the + Committee on Financial Services, for a period to be subsequently + determined by the Speaker, in each case for consideration of such + provisions as fall within the jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + +To amend the Internal Revenue Code of 1986 to modernize and improve the + Internal Revenue Service, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; ETC. + + (a) Short Title.--This Act may be cited as the ``Taxpayer First Act +of 2019''. + (b) Amendment of 1986 Code.--Except as otherwise expressly +provided, whenever in this Act an amendment or repeal is expressed in +terms of an amendment to, or repeal of, a section or other provision, +the reference shall be considered to be made to a section or other +provision of the Internal Revenue Code of 1986. + (c) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; etc. + TITLE I--PUTTING TAXPAYERS FIRST + + Subtitle A--Independent Appeals Process + +Sec. 1001. Establishment of Internal Revenue Service Independent Office + of Appeals. + Subtitle B--Improved Service + +Sec. 1101. Comprehensive customer service strategy. +Sec. 1102. IRS Free File Program. +Sec. 1103. Low-income exception for payments otherwise required in + connection with a submission of an offer- + in-compromise. + Subtitle C--Sensible Enforcement + +Sec. 1201. Internal Revenue Service seizure requirements with respect + to structuring transactions. +Sec. 1202. Exclusion of interest received in action to recover property + seized by the Internal Revenue Service + based on structuring transaction. +Sec. 1203. Clarification of equitable relief from joint liability. +Sec. 1204. Modification of procedures for issuance of third-party + summons. +Sec. 1205. Private debt collection and special compliance personnel + program. +Sec. 1206. Reform of notice of contact of third parties. +Sec. 1207. Modification of authority to issue designated summons. +Sec. 1208. Limitation on access of non-Internal Revenue Service + employees to returns and return + information. + Subtitle D--Organizational Modernization + +Sec. 1301. Office of the National Taxpayer Advocate. +Sec. 1302. Modernization of Internal Revenue Service organizational + structure. + Subtitle E--Other Provisions + +Sec. 1401. Return preparation programs for applicable taxpayers. +Sec. 1402. Provision of information regarding low-income taxpayer + clinics. +Sec. 1403. Notice from IRS regarding closure of taxpayer assistance + centers. +Sec. 1404. Rules for seizure and sale of perishable goods restricted to + only perishable goods. +Sec. 1405. Whistleblower reforms. +Sec. 1406. Customer service information. +Sec. 1407. Misdirected tax refund deposits. + TITLE II--21ST CENTURY IRS + + Subtitle A--Cybersecurity and Identity Protection + +Sec. 2001. Public-private partnership to address identity theft refund + fraud. +Sec. 2002. Recommendations of Electronic Tax Administration Advisory + Committee regarding identity theft refund + fraud. +Sec. 2003. Information sharing and analysis center. +Sec. 2004. Compliance by contractors with confidentiality safeguards. +Sec. 2005. Report on electronic payments. +Sec. 2006. Identity protection personal identification numbers. +Sec. 2007. Single point of contact for tax-related identity theft + victims. +Sec. 2008. Notification of suspected identity theft. +Sec. 2009. Guidelines for stolen identity refund fraud cases. +Sec. 2010. Increased penalty for improper disclosure or use of + information by preparers of returns. + Subtitle B--Development of Information Technology + +Sec. 2101. Management of Internal Revenue Service information + technology. +Sec. 2102. Internet platform for Form 1099 filings. +Sec. 2103. Streamlined critical pay authority for information + technology positions. + Subtitle C--Modernization of Consent-Based Income Verification System + +Sec. 2201. Disclosure of taxpayer information for third-party income + verification. +Sec. 2202. Limit redisclosures and uses of consent-based disclosures of + tax return information. + Subtitle D--Expanded Use of Electronic Systems + +Sec. 2301. Electronic filing of returns. +Sec. 2302. Uniform standards for the use of electronic signatures for + disclosure authorizations to, and other + authorizations of, practitioners. +Sec. 2303. Payment of taxes by debit and credit cards. +Sec. 2304. Authentication of users of electronic services accounts. + Subtitle E--Other Provisions + +Sec. 2401. Repeal of provision regarding certain tax compliance + procedures and reports. +Sec. 2402. Comprehensive training strategy. + TITLE III--MISCELLANEOUS PROVISIONS + +Subtitle A--Reform of Laws Governing Internal Revenue Service Employees + +Sec. 3001. Prohibition on rehiring any employee of the Internal Revenue + Service who was involuntarily separated + from service for misconduct. +Sec. 3002. Notification of unauthorized inspection or disclosure of + returns and return information. + Subtitle B--Provisions Relating to Exempt Organizations + +Sec. 3101. Mandatory e-filing by exempt organizations. +Sec. 3102. Notice required before revocation of tax-exempt status for + failure to file return. + Subtitle C--Revenue Provision + +Sec. 3201. Increase in penalty for failure to file. + + TITLE I--PUTTING TAXPAYERS FIRST + + Subtitle A--Independent Appeals Process + +SEC. 1001. ESTABLISHMENT OF INTERNAL REVENUE SERVICE INDEPENDENT OFFICE + OF APPEALS. + + (a) In General.--Section 7803 is amended by adding at the end the +following new subsection: + ``(e) Independent Office of Appeals.-- + ``(1) Establishment.--There is established in the Internal + Revenue Service an office to be known as the `Internal Revenue + Service Independent Office of Appeals'. + ``(2) Chief of appeals.-- + ``(A) In general.--The Internal Revenue Service + Independent Office of Appeals shall be under the + supervision and direction of an official to be known as + the `Chief of Appeals'. The Chief of Appeals shall + report directly to the Commissioner of Internal Revenue + and shall be entitled to compensation at the same rate + as the highest rate of basic pay established for the + Senior Executive Service under section 5382 of title 5, + United States Code. + ``(B) Appointment.--The Chief of Appeals shall be + appointed by the Commissioner of Internal Revenue + without regard to the provisions of title 5, United + States Code, relating to appointments in the + competitive service or the Senior Executive Service. + ``(C) Qualifications.--An individual appointed + under subparagraph (B) shall have experience and + expertise in-- + ``(i) administration of, and compliance + with, Federal tax laws, + ``(ii) a broad range of compliance cases, + and + ``(iii) management of large service + organizations. + ``(3) Purposes and duties of office.--It shall be the + function of the Internal Revenue Service Independent Office of + Appeals to resolve Federal tax controversies without litigation + on a basis which-- + ``(A) is fair and impartial to both the Government + and the taxpayer, + ``(B) promotes a consistent application and + interpretation of, and voluntary compliance with, the + Federal tax laws, and + ``(C) enhances public confidence in the integrity + and efficiency of the Internal Revenue Service. + ``(4) Right of appeal.--The resolution process described in + paragraph (3) shall be generally available to all taxpayers. + ``(5) Limitation on designation of cases as not eligible + for referral to independent office of appeals.-- + ``(A) In general.--If any taxpayer which is in + receipt of a notice of deficiency authorized under + section 6212 requests referral to the Internal Revenue + Service Independent Office of Appeals and such request + is denied, the Commissioner of Internal Revenue shall + provide such taxpayer a written notice which-- + ``(i) provides a detailed description of + the facts involved, the basis for the decision + to deny the request, and a detailed explanation + of how the basis of such decision applies to + such facts, and + ``(ii) describes the procedures prescribed + under subparagraph (C) for protesting the + decision to deny the request. + ``(B) Report to congress.--The Commissioner of + Internal Revenue shall submit a written report to + Congress on an annual basis which includes the number + of requests described in subparagraph (A) which were + denied and the reasons (described by category) that + such requests were denied. + ``(C) Procedures for protesting denial of + request.--The Commissioner of Internal Revenue shall + prescribe procedures for protesting to the Commissioner + of Internal Revenue a denial of a request described in + subparagraph (A). + ``(D) Not applicable to frivolous positions.--This + paragraph shall not apply to a request for referral to + the Internal Revenue Service Independent Office of + Appeals which is denied on the basis that the issue + involved is a frivolous position (within the meaning of + section 6702(c)). + ``(6) Staff.-- + ``(A) In general.--All personnel in the Internal + Revenue Service Independent Office of Appeals shall + report to the Chief of Appeals. + ``(B) Access to staff of office of the chief + counsel.--The Chief of Appeals shall have authority to + obtain legal assistance and advice from the staff of + the Office of the Chief Counsel. The Chief Counsel + shall ensure, to the extent practicable, that such + assistance and advice is provided by staff of the + Office of the Chief Counsel who were not involved in + the case with respect to which such assistance and + advice is sought and who are not involved in preparing + such case for litigation. + ``(7) Access to case files.-- + ``(A) In general.--In any case in which a + conference with the Internal Revenue Service + Independent Office of Appeals has been scheduled upon + request of a specified taxpayer, the Chief of Appeals + shall ensure that such taxpayer is provided access to + the nonprivileged portions of the case file on record + regarding the disputed issues (other than documents + provided by the taxpayer to the Internal Revenue + Service) not later than 10 days before the date of such + conference. + ``(B) Taxpayer election to expedite conference.--If + the taxpayer so elects, subparagraph (A) shall be + applied by substituting `the date of such conference' + for `10 days before the date of such conference'. + ``(C) Specified taxpayer.--For purposes of this + paragraph-- + ``(i) In general.--The term `specified + taxpayer' means-- + ``(I) in the case of any taxpayer + who is a natural person, a taxpayer + whose adjusted gross income does not + exceed $400,000 for the taxable year to + which the dispute relates, and + ``(II) in the case of any other + taxpayer, a taxpayer whose gross + receipts do not exceed $5,000,000 for + the taxable year to which the dispute + relates. + ``(ii) Aggregation rule.--Rules similar to + the rules of section 448(c)(2) shall apply for + purposes of clause (i)(II).''. + (b) Conforming Amendments.-- + (1) The following provisions are each amended by striking + ``Internal Revenue Service Office of Appeals'' and inserting + ``Internal Revenue Service Independent Office of Appeals'': + (A) Section 6015(c)(4)(B)(ii)(I). + (B) Section 6320(b)(1). + (C) Subsections (b)(1) and (d)(3) of section 6330. + (D) Section 6603(d)(3)(B). + (E) Section 6621(c)(2)(A)(i). + (F) Section 7122(e)(2). + (G) Subsections (a), (b)(1), (b)(2), and (c)(1) of + section 7123. + (H) Subsections (c)(7)(B)(i) and (g)(2)(A) of + section 7430. + (I) Section 7522(b)(3). + (J) Section 7612(c)(2)(A). + (2) Section 7430(c)(2) is amended by striking ``Internal + Revenue Service Office of Appeals'' each place it appears and + inserting ``Internal Revenue Service Independent Office of + Appeals''. + (3) The heading of section 6330(d)(3) is amended by + inserting ``Independent'' after ``IRS''. + (c) Other References.--Any reference in any provision of law, or +regulation or other guidance, to the Internal Revenue Service Office of +Appeals shall be treated as a reference to the Internal Revenue Service +Independent Office of Appeals. + (d) Savings Provisions.--Rules similar to the rules of paragraphs +(2) through (6) of section 1001(b) of the Internal Revenue Service +Restructuring and Reform Act of 1998 shall apply for purposes of this +section (and the amendments made by this section). + (e) Effective Date.-- + (1) In general.--Except as otherwise provided in this + subsection, the amendments made by this section shall take + effect on the date of the enactment of this Act. + (2) Access to case files.--Section 7803(e)(7) of the + Internal Revenue Code of 1986, as added by subsection (a), + shall apply to conferences occurring after the date which is 1 + year after the date of the enactment of this Act. + + Subtitle B--Improved Service + +SEC. 1101. COMPREHENSIVE CUSTOMER SERVICE STRATEGY. + + (a) In General.--Not later than the date which is 1 year after the +date of the enactment of this Act, the Secretary of the Treasury (or +the Secretary's delegate) shall submit to Congress a written +comprehensive customer service strategy for the Internal Revenue +Service. Such strategy shall include-- + (1) a plan to provide assistance to taxpayers that is + secure, designed to meet reasonable taxpayer expectations, and + adopts appropriate best practices of customer service provided + in the private sector, including online services, telephone + call back services, and training of employees providing + customer services; + (2) a thorough assessment of the services that the Internal + Revenue Service can co-locate with other Federal services or + offer as self-service options; + (3) proposals to improve Internal Revenue Service customer + service in the short term (the current and following fiscal + year), medium term (approximately 3 to 5 fiscal years), and + long term (approximately 10 fiscal years); + (4) a plan to update guidance and training materials for + customer service employees of the Internal Revenue Service, + including the Internal Revenue Manual, to reflect such + strategy; and + (5) identified metrics and benchmarks for quantitatively + measuring the progress of the Internal Revenue Service in + implementing such strategy. + (b) Updated Guidance and Training Materials.--Not later than 2 +years after the date of the enactment of this Act, the Secretary of the +Treasury (or the Secretary's delegate) shall make available the updated +guidance and training materials described in subsection (a)(4) +(including the Internal Revenue Manual). Such updated guidance and +training materials (including the Internal Revenue Manual) shall be +written in a manner so as to be easily understood by customer service +employees of the Internal Revenue Service and shall provide clear +instructions. + +SEC. 1102. IRS FREE FILE PROGRAM. + + (a) In General.-- + (1) The Secretary of the Treasury, or the Secretary's + delegate, shall continue to operate the IRS Free File Program + as established by the Internal Revenue Service and published in + the Federal Register on November 4, 2002 (67 Fed. Reg. 67247), + including any subsequent agreements and governing rules + established pursuant thereto. + (2) The IRS Free File Program shall continue to provide + free commercial-type online individual income tax preparation + and electronic filing services to the lowest 70 percent of + taxpayers by adjusted gross income. The number of taxpayers + eligible to receive such services each year shall be calculated + by the Internal Revenue Service annually based on prior year + aggregate taxpayer adjusted gross income data. + (3) In addition to the services described in paragraph (2), + and in the same manner, the IRS Free File Program shall + continue to make available to all taxpayers (without regard to + income) a basic, online electronic fillable forms utility. + (4) The IRS Free File Program shall continue to work + cooperatively with the private sector to provide the free + individual income tax preparation and the electronic filing + services described in paragraphs (2) and (3). + (5) The IRS Free File Program shall work cooperatively with + State government agencies to enhance and expand the use of the + program to provide needed benefits to the taxpayer while + reducing the cost of processing returns. + (b) Innovations.--The Secretary of the Treasury, or the Secretary's +delegate, shall work with the private sector through the IRS Free File +Program to identify and implement, consistent with applicable law, +innovative new program features to improve and simplify the taxpayer's +experience with completing and filing individual income tax returns +through voluntary compliance. + +SEC. 1103. LOW-INCOME EXCEPTION FOR PAYMENTS OTHERWISE REQUIRED IN + CONNECTION WITH A SUBMISSION OF AN OFFER-IN-COMPROMISE. + + (a) In General.--Section 7122(c) is amended by adding at the end +the following new paragraph: + ``(3) Exception for low-income taxpayers.--Paragraph (1), + and any user fee otherwise required in connection with the + submission of an offer-in-compromise, shall not apply to any + offer-in-compromise with respect to a taxpayer who is an + individual with adjusted gross income, as determined for the + most recent taxable year for which such information is + available, which does not exceed 250 percent of the applicable + poverty level (as determined by the Secretary).''. + (b) Effective Date.--The amendment made by this section shall apply +to offers-in-compromise submitted after the date of the enactment of +this Act. + + Subtitle C--Sensible Enforcement + +SEC. 1201. INTERNAL REVENUE SERVICE SEIZURE REQUIREMENTS WITH RESPECT + TO STRUCTURING TRANSACTIONS. + + Section 5317(c)(2) of title 31, United States Code, is amended-- + (1) by striking ``Any property'' and inserting the + following: + ``(A) In general.--Any property''; and + (2) by adding at the end the following: + ``(B) Internal revenue service seizure requirements + with respect to structuring transactions.-- + ``(i) Property derived from an illegal + source.--Property may only be seized by the + Internal Revenue Service pursuant to + subparagraph (A) by reason of a claimed + violation of section 5324 if the property to be + seized was derived from an illegal source or + the funds were structured for the purpose of + concealing the violation of a criminal law or + regulation other than section 5324. + ``(ii) Notice.--Not later than 30 days + after property is seized by the Internal + Revenue Service pursuant to subparagraph (A), + the Internal Revenue Service shall-- + ``(I) make a good faith effort to + find all persons with an ownership + interest in such property; and + ``(II) provide each such person so + found with a notice of the seizure and + of the person's rights under clause + (iv). + ``(iii) Extension of notice under certain + circumstances.--The Internal Revenue Service + may apply to a court of competent jurisdiction + for one 30-day extension of the notice + requirement under clause (ii) if the Internal + Revenue Service can establish probable cause of + an imminent threat to national security or + personal safety necessitating such extension. + ``(iv) Post-seizure hearing.--If a person + with an ownership interest in property seized + pursuant to subparagraph (A) by the Internal + Revenue Service requests a hearing by a court + of competent jurisdiction within 30 days after + the date on which notice is provided under + subclause (ii), such property shall be returned + unless the court holds an adversarial hearing + and finds within 30 days of such request (or + such longer period as the court may provide, + but only on request of an interested party) + that there is probable cause to believe that + there is a violation of section 5324 involving + such property and probable cause to believe + that the property to be seized was derived from + an illegal source or the funds were structured + for the purpose of concealing the violation of + a criminal law or regulation other than section + 5324.''. + +SEC. 1202. EXCLUSION OF INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY + SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON + STRUCTURING TRANSACTION. + + (a) In General.--Part III of subchapter B of chapter 1 is amended +by inserting before section 140 the following new section: + +``SEC. 139H. INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY SEIZED BY + THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING + TRANSACTION. + + ``Gross income shall not include any interest received from the +Federal Government in connection with an action to recover property +seized by the Internal Revenue Service pursuant to section 5317(c)(2) +of title 31, United States Code, by reason of a claimed violation of +section 5324 of such title.''. + (b) Clerical Amendment.--The table of sections for part III of +subchapter B of chapter 1 is amended by inserting before the item +relating to section 140 the following new item: + +``Sec. 139H. Interest received in action to recover property seized by + the Internal Revenue Service based on + structuring transaction.''. + (c) Effective Date.--The amendments made by this section shall +apply to interest received on or after the date of the enactment of +this Act. + +SEC. 1203. CLARIFICATION OF EQUITABLE RELIEF FROM JOINT LIABILITY. + + (a) In General.--Section 6015 is amended-- + (1) in subsection (e), by adding at the end the following + new paragraph: + ``(7) Standard and scope of review.--Any review of a + determination made under this section shall be reviewed de novo + by the Tax Court and shall be based upon-- + ``(A) the administrative record established at the + time of the determination, and + ``(B) any additional newly discovered or previously + unavailable evidence.''; and + (2) by amending subsection (f) to read as follows: + ``(f) Equitable Relief.-- + ``(1) In general.--Under procedures prescribed by the + Secretary, if-- + ``(A) taking into account all the facts and + circumstances, it is inequitable to hold the individual + liable for any unpaid tax or any deficiency (or any + portion of either), and + ``(B) relief is not available to such individual + under subsection (b) or (c), + the Secretary may relieve such individual of such liability. + ``(2) Limitation.--A request for equitable relief under + this subsection may be made with respect to any portion of any + liability that-- + ``(A) has not been paid, provided that such request + is made before the expiration of the applicable period + of limitation under section 6502, or + ``(B) has been paid, provided that such request is + made during the period in which the individual could + submit a timely claim for refund or credit of such + payment.''. + (b) Effective Date.--The amendments made by this section shall +apply to petitions or requests filed or pending on or after the date of +the enactment of this Act. + +SEC. 1204. MODIFICATION OF PROCEDURES FOR ISSUANCE OF THIRD-PARTY + SUMMONS. + + (a) In General.--Section 7609(f) is amended by adding at the end +the following flush sentence: +``The Secretary shall not issue any summons described in the preceding +sentence unless the information sought to be obtained is narrowly +tailored to information that pertains to the failure (or potential +failure) of the person or group or class of persons referred to in +paragraph (2) to comply with one or more provisions of the internal +revenue law which have been identified for purposes of such +paragraph.''. + (b) Effective Date.--The amendments made by this section shall +apply to summonses served after the date that is 45 days after the date +of the enactment of this Act. + +SEC. 1205. PRIVATE DEBT COLLECTION AND SPECIAL COMPLIANCE PERSONNEL + PROGRAM. + + (a) Certain Tax Receivables Not Eligible for Collection Under Tax +Collection Contracts.--Section 6306(d)(3) is amended by striking ``or'' +at the end of subparagraph (C) and by inserting after subparagraph (D) +the following new subparagraphs: + ``(E) a taxpayer substantially all of whose income + consists of disability insurance benefits under section + 223 of the Social Security Act or supplemental security + income benefits under title XVI of the Social Security + Act (including supplemental security income benefits of + the type described in section 1616 of such Act or + section 212 of Public Law 93-66), or + ``(F) a taxpayer who is an individual with adjusted + gross income, as determined for the most recent taxable + year for which such information is available, which + does not exceed 200 percent of the applicable poverty + level (as determined by the Secretary),''. + (b) Determination of Inactive Tax Receivables Eligible for +Collection Under Tax Collection Contracts.--Section 6306(c)(2)(A)(ii) +is amended by striking ``more than \1/3\ of the period of the +applicable statute of limitation has lapsed'' and inserting ``more than +2 years has passed since assessment''. + (c) Maximum Length of Installment Agreements Offered Under Tax +Collection Contracts.--Section 6306(b)(1)(B) is amended by striking ``5 +years'' and inserting ``7 years''. + (d) Clarification That Special Compliance Personnel Program Account +May Be Used for Program Costs.-- + (1) In general.--Section 6307(b) is amended-- + (A) in paragraph (2), by striking all that follows + ``under such program'' and inserting a period, and + (B) in paragraph (3), by striking all that follows + ``out of such account'' and inserting ``for other than + program costs''. + (2) Communications, software, and technology costs treated + as program costs.--Section 6307(d)(2)(B) is amended by striking + ``telecommunications'' and inserting ``communications, + software, technology''. + (3) Conforming amendment.--Section 6307(d)(2) is amended by + striking ``and'' at the end of subparagraph (A), by striking + the period at the end of subparagraph (B) and inserting ``, + and'', and by inserting after subparagraph (B) the following + new subparagraph: + ``(C) reimbursement of the Internal Revenue Service + or other government agencies for the cost of + administering the qualified tax collection program + under section 6306.''. + (e) Effective Dates.-- + (1) In general.--Except as otherwise provided in this + subsection, the amendments made by this section shall apply to + tax receivables identified by the Secretary (or the Secretary's + delegate) after December 31, 2020. + (2) Maximum length of installment agreements.--The + amendment made by subsection (c) shall apply to contracts + entered into after the date of the enactment of this Act. + (3) Use of special compliance personnel program account.-- + The amendment made by subsection (d) shall apply to amounts + expended from the special compliance personnel program account + after the date of the enactment of this Act. + +SEC. 1206. REFORM OF NOTICE OF CONTACT OF THIRD PARTIES. + + (a) In General.--Section 7602(c)(1) is amended to read as follows: + ``(1) General notice.--An officer or employee of the + Internal Revenue Service may not contact any person other than + the taxpayer with respect to the determination or collection of + the tax liability of such taxpayer unless such contact occurs + during a period (not greater than 1 year) which is specified in + a notice which-- + ``(A) informs the taxpayer that contacts with + persons other than the taxpayer are intended to be made + during such period, and + ``(B) except as otherwise provided by the + Secretary, is provided to the taxpayer not later than + 45 days before the beginning of such period. + Nothing in the preceding sentence shall prevent the issuance of + notices to the same taxpayer with respect to the same tax + liability with periods specified therein that, in the + aggregate, exceed 1 year. A notice shall not be issued under + this paragraph unless there is an intent at the time such + notice is issued to contact persons other than the taxpayer + during the period specified in such notice. The preceding + sentence shall not prevent the issuance of a notice if the + requirement of such sentence is met on the basis of the + assumption that the information sought to be obtained by such + contact will not be obtained by other means before such + contact.''. + (b) Effective Date.--The amendment made by this section shall apply +to notices provided, and contacts of persons made, after the date which +is 45 days after the date of the enactment of this Act. + +SEC. 1207. MODIFICATION OF AUTHORITY TO ISSUE DESIGNATED SUMMONS. + + (a) In General.--Paragraph (1) of section 6503(j) is amended by +striking ``coordinated examination program'' and inserting +``coordinated industry case program''. + (b) Requirements for Summons.--Clause (i) of section 6503(j)(2)(A) +is amended to read as follows: + ``(i) the issuance of such summons is + preceded by a review and written approval of + such issuance by the Commissioner of the + relevant operating division of the Internal + Revenue Service and the Chief Counsel which-- + ``(I) states facts clearly + establishing that the Secretary has + made reasonable requests for the + information that is the subject of the + summons, and + ``(II) is attached to such + summons,''. + (c) Establishment That Reasonable Requests for Information Were +Made.--Subsection (j) of section 6503 is amended by adding at the end +the following new paragraph: + ``(4) Establishment that reasonable requests for + information were made.--In any court proceeding described in + paragraph (3), the Secretary shall establish that reasonable + requests were made for the information that is the subject of + the summons.''. + (d) Effective Date.--The amendments made by this section shall +apply to summonses issued after the date which is 45 days after the +date of the enactment of this Act. + +SEC. 1208. LIMITATION ON ACCESS OF NON-INTERNAL REVENUE SERVICE + EMPLOYEES TO RETURNS AND RETURN INFORMATION. + + (a) In General.--Section 7602 is amended by adding at the end the +following new subsection: + ``(f) Limitation on Access of Persons Other Than Internal Revenue +Service Officers and Employees.--The Secretary shall not, under the +authority of section 6103(n), provide any books, papers, records, or +other data obtained pursuant to this section to any person authorized +under section 6103(n), except when such person requires such +information for the sole purpose of providing expert evaluation and +assistance to the Internal Revenue Service. No person other than an +officer or employee of the Internal Revenue Service or the Office of +Chief Counsel may, on behalf of the Secretary, question a witness under +oath whose testimony was obtained pursuant to this section.''. + (b) Effective Date.--The amendment made by this section-- + (1) shall take effect on the date of the enactment of this + Act; and + (2) shall not fail to apply to a contract in effect under + section 6103(n) of the Internal Revenue Code of 1986 merely + because such contract was in effect before the date of the + enactment of this Act. + + Subtitle D--Organizational Modernization + +SEC. 1301. OFFICE OF THE NATIONAL TAXPAYER ADVOCATE. + + (a) Taxpayer Advocate Directives.-- + (1) In general.--Section 7803(c) is amended by adding at + the end the following new paragraph: + ``(5) Taxpayer advocate directives.--In the case of any + Taxpayer Advocate Directive issued by the National Taxpayer + Advocate pursuant to a delegation of authority from the + Commissioner of Internal Revenue-- + ``(A) the Commissioner or a Deputy Commissioner + shall modify, rescind, or ensure compliance with such + directive not later than 90 days after the issuance of + such directive, and + ``(B) in the case of any directive which is + modified or rescinded by a Deputy Commissioner, the + National Taxpayer Advocate may (not later than 90 days + after such modification or rescission) appeal to the + Commissioner, and the Commissioner shall (not later + than 90 days after such appeal is made) ensure + compliance with such directive as issued by the + National Taxpayer Advocate or provide the National + Taxpayer Advocate with the reasons for any modification + or rescission made or upheld by the Commissioner + pursuant to such appeal.''. + (2) Report to certain committees of congress regarding + directives.--Section 7803(c)(2)(B)(ii) is amended by + redesignating subclauses (VIII) through (XI) as subclauses (IX) + through (XII), respectively, and by inserting after subclause + (VII) the following new subclause: + ``(VIII) identify any Taxpayer + Advocate Directive which was not + honored by the Internal Revenue Service + in a timely manner, as specified under + paragraph (5);''. + (b) National Taxpayer Advocate Annual Reports to Congress.-- + (1) Inclusion of most serious taxpayer problems.--Section + 7803(c)(2)(B)(ii)(III) is amended by striking ``at least 20 of + the'' and inserting ``the 10''. + (2) Coordination with treasury inspector general for tax + administration.--Section 7803(c)(2) is amended by adding at the + end the following new subparagraph: + ``(E) Coordination with treasury inspector general + for tax administration.--Before beginning any research + or study, the National Taxpayer Advocate shall + coordinate with the Treasury Inspector General for Tax + Administration to ensure that the National Taxpayer + Advocate does not duplicate any action that the + Treasury Inspector General for Tax Administration has + already undertaken or has a plan to undertake.''. + (3) Statistical support.-- + (A) In general.--Section 6108 is amended by adding + at the end the following new subsection: + ``(d) Statistical Support for National Taxpayer Advocate.--Upon +request of the National Taxpayer Advocate, the Secretary shall, to the +extent practicable, provide the National Taxpayer Advocate with +statistical support in connection with the preparation by the National +Taxpayer Advocate of the annual report described in section +7803(c)(2)(B)(ii). Such statistical support shall include statistical +studies, compilations, and the review of information provided by the +National Taxpayer Advocate for statistical validity and sound +statistical methodology.''. + (B) Disclosure of review.--Section + 7803(c)(2)(B)(ii), as amended by subsection (a), is + amended by striking ``and'' at the end of subclause + (XI), by redesignating subclause (XII) as subclause + (XIII), and by inserting after subclause (XI) the + following new subclause: + ``(XII) with respect to any + statistical information included in + such report, include a statement of + whether such statistical information + was reviewed or provided by the + Secretary under section 6108(d) and, if + so, whether the Secretary determined + such information to be statistically + valid and based on sound statistical + methodology; and''. + (C) Conforming amendment.--Section + 7803(c)(2)(B)(iii) is amended by adding at the end the + following: ``The preceding sentence shall not apply + with respect to statistical information provided to the + Secretary for review, or received from the Secretary, + under section 6108(d).''. + (c) Salary of National Taxpayer Advocate.--Section 7803(c)(1)(B)(i) +is amended by striking ``, or, if the Secretary of the Treasury so +determines, at a rate fixed under section 9503 of such title''. + (d) Effective Date.-- + (1) In general.--Except as otherwise provided in this + subsection, the amendments made by this section shall take + effect on the date of the enactment of this Act. + (2) Salary of national taxpayer advocate.--The amendment + made by subsection (c) shall apply to compensation paid to + individuals appointed as the National Taxpayer Advocate after + March 31, 2019. + +SEC. 1302. MODERNIZATION OF INTERNAL REVENUE SERVICE ORGANIZATIONAL + STRUCTURE. + + (a) In General.--Not later than September 30, 2020, the Secretary +of the Treasury (or the Secretary's delegate) shall submit to Congress +a comprehensive written plan to redesign the organization of the +Internal Revenue Service. Such plan shall-- + (1) ensure the successful implementation of the priorities + specified by Congress in this Act; + (2) prioritize taxpayer services to ensure that all + taxpayers easily and readily receive the assistance that they + need; + (3) streamline the structure of the agency including + minimizing the duplication of services and responsibilities + within the agency; + (4) best position the Internal Revenue Service to combat + cybersecurity and other threats to the Internal Revenue + Service; and + (5) address whether the Criminal Investigation Division of + the Internal Revenue Service should report directly to the + Commissioner of Internal Revenue. + (b) Repeal of Restriction on Organizational Structure of Internal +Revenue Service.--Paragraph (3) of section 1001(a) of the Internal +Revenue Service Restructuring and Reform Act of 1998 shall cease to +apply beginning 1 year after the date on which the plan described in +subsection (a) is submitted to Congress. + + Subtitle E--Other Provisions + +SEC. 1401. RETURN PREPARATION PROGRAMS FOR APPLICABLE TAXPAYERS. + + (a) In General.--Chapter 77 is amended by inserting after section +7526 the following new section: + +``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR APPLICABLE TAXPAYERS. + + ``(a) Establishment of Volunteer Income Tax Assistance Matching +Grant Program.--The Secretary shall establish a Community Volunteer +Income Tax Assistance Matching Grant Program under which the Secretary +may, subject to the availability of appropriated funds, make grants to +provide matching funds for the development, expansion, or continuation +of qualified return preparation programs assisting applicable taxpayers +and members of underserved populations. + ``(b) Use of Funds.-- + ``(1) In general.--Qualified return preparation programs + may use grants received under this section for-- + ``(A) ordinary and necessary costs associated with + program operation in accordance with cost principles + under the applicable Office of Management and Budget + circular, including-- + ``(i) wages or salaries of persons + coordinating the activities of the program, + ``(ii) developing training materials, + conducting training, and performing quality + reviews of the returns prepared under the + program, + ``(iii) equipment purchases, and + ``(iv) vehicle-related expenses associated + with remote or rural tax preparation services, + ``(B) outreach and educational activities described + in subsection (c)(2)(B), and + ``(C) services related to financial education and + capability, asset development, and the establishment of + savings accounts in connection with tax return + preparation. + ``(2) Requirement of matching funds.--A qualified return + preparation program must provide matching funds on a dollar- + for-dollar basis for all grants provided under this section. + Matching funds may include-- + ``(A) the salary (including fringe benefits) of + individuals performing services for the program, + ``(B) the cost of equipment used in the program, + and + ``(C) other ordinary and necessary costs associated + with the program. + Indirect expenses, including general overhead of any entity + administering the program, shall not be counted as matching + funds. + ``(c) Application.-- + ``(1) In general.--Each applicant for a grant under this + section shall submit an application to the Secretary at such + time, in such manner, and containing such information as the + Secretary may reasonably require. + ``(2) Priority.--In awarding grants under this section, the + Secretary shall give priority to applications which + demonstrate-- + ``(A) assistance to applicable taxpayers, with + emphasis on outreach to, and services for, such + taxpayers, + ``(B) taxpayer outreach and educational activities + relating to eligibility and availability of income + supports available through this title, including the + earned income tax credit, and + ``(C) specific outreach and focus on one or more + underserved populations. + ``(3) Amounts taken into account.--In determining matching + grants under this section, the Secretary shall only take into + account amounts provided by the qualified return preparation + program for expenses described in subsection (b). + ``(d) Program Adherence.-- + ``(1) In general.--The Secretary shall establish procedures + for, and shall conduct not less frequently than once every 5 + calendar years during which a qualified return preparation + program is operating under a grant under this section, periodic + site visits-- + ``(A) to ensure the program is carrying out the + purposes of this section, and + ``(B) to determine whether the program meets such + program adherence standards as the Secretary shall by + regulation or other guidance prescribe. + ``(2) Additional requirements for grant recipients not + meeting program adherence standards.--In the case of any + qualified return preparation program which-- + ``(A) is awarded a grant under this section, and + ``(B) is subsequently determined-- + ``(i) not to meet the program adherence + standards described in paragraph (1)(B), or + ``(ii) not to be otherwise carrying out the + purposes of this section, + such program shall not be eligible for any additional grants + under this section unless such program provides sufficient + documentation of corrective measures established to address any + such deficiencies determined. + ``(e) Definitions.--For purposes of this section-- + ``(1) Qualified return preparation program.--The term + `qualified return preparation program' means any program-- + ``(A) which provides assistance to individuals, not + less than 90 percent of whom are applicable taxpayers, + in preparing and filing Federal income tax returns, + ``(B) which is administered by a qualified entity, + ``(C) in which all volunteers who assist in the + preparation of Federal income tax returns meet the + training requirements prescribed by the Secretary, and + ``(D) which uses a quality review process which + reviews 100 percent of all returns. + ``(2) Qualified entity.-- + ``(A) In general.--The term `qualified entity' + means any entity which-- + ``(i) is an eligible organization, + ``(ii) is in compliance with Federal tax + filing and payment requirements, + ``(iii) is not debarred or suspended from + Federal contracts, grants, or cooperative + agreements, and + ``(iv) agrees to provide documentation to + substantiate any matching funds provided + pursuant to the grant program under this + section. + ``(B) Eligible organization.--The term `eligible + organization' means-- + ``(i) an institution of higher education + which is described in section 102 (other than + subsection (a)(1)(C) thereof) of the Higher + Education Act of 1965 (20 U.S.C. 1002), as in + effect on the date of the enactment of this + section, and which has not been disqualified + from participating in a program under title IV + of such Act, + ``(ii) an organization described in section + 501(c) and exempt from tax under section + 501(a), + ``(iii) a local government agency, + including-- + ``(I) a county or municipal + government agency, and + ``(II) an Indian tribe, as defined + in section 4(13) of the Native American + Housing Assistance and Self- + Determination Act of 1996 (25 U.S.C. + 4103(13)), including any tribally + designated housing entity (as defined + in section 4(22) of such Act (25 U.S.C. + 4103(22))), tribal subsidiary, + subdivision, or other wholly owned + tribal entity, + ``(iv) a local, State, regional, or + national coalition (with one lead organization + which meets the eligibility requirements of + clause (i), (ii), or (iii) acting as the + applicant organization), or + ``(v) in the case of applicable taxpayers + and members of underserved populations with + respect to which no organizations described in + the preceding clauses are available-- + ``(I) a State government agency, or + ``(II) an office providing + Cooperative Extension services (as + established at the land-grant colleges + and universities under the Smith-Lever + Act of May 8, 1914). + ``(3) Applicable taxpayers.--The term `applicable taxpayer' + means a taxpayer whose income for the taxable year does not + exceed an amount equal to the completed phaseout amount under + section 32(b) for a married couple filing a joint return with + three or more qualifying children, as determined in a revenue + procedure or other published guidance. + ``(4) Underserved population.--The term `underserved + population' includes populations of persons with disabilities, + persons with limited English proficiency, Native Americans, + individuals living in rural areas, members of the Armed Forces + and their spouses, and the elderly. + ``(f) Special Rules and Limitations.-- + ``(1) Duration of grants.--Upon application of a qualified + return preparation program, the Secretary is authorized to + award a multi-year grant not to exceed 3 years. + ``(2) Aggregate limitation.--Unless otherwise provided by + specific appropriation, the Secretary shall not allocate more + than $30,000,000 per fiscal year (exclusive of costs of + administering the program) to grants under this section. + ``(g) Promotion of Programs.-- + ``(1) In general.--The Secretary shall promote tax + preparation through qualified return preparation programs + through the use of mass communications and other means. + ``(2) Provision of information regarding qualified return + preparation programs.--The Secretary may provide taxpayers + information regarding qualified return preparation programs + receiving grants under this section. + ``(3) Referrals to low-income taxpayer clinics.--Qualified + return preparation programs receiving a grant under this + section are encouraged, in appropriate cases, to-- + ``(A) advise taxpayers of the availability of, and + eligibility requirements for receiving, advice and + assistance from qualified low-income taxpayer clinics + receiving funding under section 7526, and + ``(B) provide information regarding the location + of, and contact information for, such clinics.''. + (b) Clerical Amendment.--The table of sections for chapter 77 is +amended by inserting after the item relating to section 7526 the +following new item: + +``Sec. 7526A. Return preparation programs for applicable taxpayers.''. + +SEC. 1402. PROVISION OF INFORMATION REGARDING LOW-INCOME TAXPAYER + CLINICS. + + (a) In General.--Section 7526(c) is amended by adding at the end +the following new paragraph: + ``(6) Provision of information regarding qualified low- + income taxpayer clinics.--Notwithstanding any other provision + of law, officers and employees of the Department of the + Treasury may-- + ``(A) advise taxpayers of the availability of, and + eligibility requirements for receiving, advice and + assistance from one or more specific qualified low- + income taxpayer clinics receiving funding under this + section, and + ``(B) provide information regarding the location + of, and contact information for, such clinics.''. + (b) Effective Date.--The amendment made by this section shall take +effect on the date of the enactment of this Act. + +SEC. 1403. NOTICE FROM IRS REGARDING CLOSURE OF TAXPAYER ASSISTANCE + CENTERS. + + Not later than 90 days before the date that a proposed closure of a +Taxpayer Assistance Center would take effect, the Secretary of the +Treasury (or the Secretary's delegate) shall-- + (1) make publicly available (including by non-electronic + means) a notice which-- + (A) identifies the Taxpayer Assistance Center + proposed for closure and the date of such proposed + closure; and + (B) identifies the relevant alternative sources of + taxpayer assistance which may be utilized by taxpayers + affected by such proposed closure; and + (2) submit to Congress a written report that includes-- + (A) the information included in the notice + described in paragraph (1); + (B) the reasons for such proposed closure; and + (C) such other information as the Secretary may + determine appropriate. + +SEC. 1404. RULES FOR SEIZURE AND SALE OF PERISHABLE GOODS RESTRICTED TO + ONLY PERISHABLE GOODS. + + (a) In General.--Section 6336 is amended by striking ``or become +greatly reduced in price or value by keeping, or that such property +cannot be kept without great expense''. + (b) Effective Date.--The amendment made by this section shall apply +to property seized after the date of the enactment of this Act. + +SEC. 1405. WHISTLEBLOWER REFORMS. + + (a) Modifications to Disclosure Rules for Whistleblowers.-- + (1) In general.--Section 6103(k) is amended by adding at + the end the following new paragraph: + ``(13) Disclosure to whistleblowers.-- + ``(A) In general.--The Secretary may disclose, to + any individual providing information relating to any + purpose described in paragraph (1) or (2) of section + 7623(a), return information related to the + investigation of any taxpayer with respect to whom the + individual has provided such information, but only to + the extent that such disclosure is necessary in + obtaining information, which is not otherwise + reasonably available, with respect to the correct + determination of tax liability for tax, or the amount + to be collected with respect to the enforcement of any + other provision of this title. + ``(B) Updates on whistleblower investigations.--The + Secretary shall disclose to an individual providing + information relating to any purpose described in + paragraph (1) or (2) of section 7623(a) the following: + ``(i) Not later than 60 days after a case + for which the individual has provided + information has been referred for an audit or + examination, a notice with respect to such + referral. + ``(ii) Not later than 60 days after a + taxpayer with respect to whom the individual + has provided information has made a payment of + tax with respect to tax liability to which such + information relates, a notice with respect to + such payment. + ``(iii) Subject to such requirements and + conditions as are prescribed by the Secretary, + upon a written request by such individual-- + ``(I) information on the status and + stage of any investigation or action + related to such information, and + ``(II) in the case of a + determination of the amount of any + award under section 7623(b), the + reasons for such determination. + Clause (iii) shall not apply to any information if the + Secretary determines that disclosure of such + information would seriously impair Federal tax + administration. Information described in clauses (i), + (ii), and (iii) may be disclosed to a designee of the + individual providing such information in accordance + with guidance provided by the Secretary.''. + (2) Conforming amendments.-- + (A) Confidentiality of information.--Section + 6103(a)(3) is amended by striking ``subsection + (k)(10)'' and inserting ``paragraph (10) or (13) of + subsection (k)''. + (B) Penalty for unauthorized disclosure.--Section + 7213(a)(2) is amended by striking ``(k)(10)'' and + inserting ``(k)(10) or (13)''. + (C) Coordination with authority to disclose for + investigative purposes.--Section 6103(k)(6) is amended + by adding at the end the following new sentence: ``This + paragraph shall not apply to any disclosure to an + individual providing information relating to any + purpose described in paragraph (1) or (2) of section + 7623(a) which is made under paragraph (13)(A).''. + (b) Protection Against Retaliation.--Section 7623 is amended by +adding at the end the following new subsection: + ``(d) Civil Action To Protect Against Retaliation Cases.-- + ``(1) Anti-retaliation whistleblower protection for + employees.--No employer, or any officer, employee, contractor, + subcontractor, or agent of such employer, may discharge, + demote, suspend, threaten, harass, or in any other manner + discriminate against an employee in the terms and conditions of + employment (including through an act in the ordinary course of + such employee's duties) in reprisal for any lawful act done by + the employee-- + ``(A) to provide information, cause information to + be provided, or otherwise assist in an investigation + regarding underpayment of tax or any conduct which the + employee reasonably believes constitutes a violation of + the internal revenue laws or any provision of Federal + law relating to tax fraud, when the information or + assistance is provided to the Internal Revenue Service, + the Secretary of Treasury, the Treasury Inspector + General for Tax Administration, the Comptroller General + of the United States, the Department of Justice, the + United States Congress, a person with supervisory + authority over the employee, or any other person + working for the employer who has the authority to + investigate, discover, or terminate misconduct, or + ``(B) to testify, participate in, or otherwise + assist in any administrative or judicial action taken + by the Internal Revenue Service relating to an alleged + underpayment of tax or any violation of the internal + revenue laws or any provision of Federal law relating + to tax fraud. + ``(2) Enforcement action.-- + ``(A) In general.--A person who alleges discharge + or other reprisal by any person in violation of + paragraph (1) may seek relief under paragraph (3) by-- + ``(i) filing a complaint with the Secretary + of Labor, or + ``(ii) if the Secretary of Labor has not + issued a final decision within 180 days of the + filing of the complaint and there is no showing + that such delay is due to the bad faith of the + claimant, bringing an action at law or equity + for de novo review in the appropriate district + court of the United States, which shall have + jurisdiction over such an action without regard + to the amount in controversy. + ``(B) Procedure.-- + ``(i) In general.--An action under + subparagraph (A)(i) shall be governed under the + rules and procedures set forth in section + 42121(b) of title 49, United States Code. + ``(ii) Exception.--Notification made under + section 42121(b)(1) of title 49, United States + Code, shall be made to the person named in the + complaint and to the employer. + ``(iii) Burdens of proof.--An action + brought under subparagraph (A)(ii) shall be + governed by the legal burdens of proof set + forth in section 42121(b) of title 49, United + States Code, except that in applying such + section-- + ``(I) `behavior described in + paragraph (1)' shall be substituted for + `behavior described in paragraphs (1) + through (4) of subsection (a)' each + place it appears in paragraph (2)(B) + thereof, and + ``(II) `a violation of paragraph + (1)' shall be substituted for `a + violation of subsection (a)' each place + it appears. + ``(iv) Statute of limitations.--A complaint + under subparagraph (A)(i) shall be filed not + later than 180 days after the date on which the + violation occurs. + ``(v) Jury trial.--A party to an action + brought under subparagraph (A)(ii) shall be + entitled to trial by jury. + ``(3) Remedies.-- + ``(A) In general.--An employee prevailing in any + action under paragraph (2)(A) shall be entitled to all + relief necessary to make the employee whole. + ``(B) Compensatory damages.--Relief for any action + under subparagraph (A) shall include-- + ``(i) reinstatement with the same seniority + status that the employee would have had, but + for the reprisal, + ``(ii) the sum of 200 percent of the amount + of back pay and 100 percent of all lost + benefits, with interest, and + ``(iii) compensation for any special + damages sustained as a result of the reprisal, + including litigation costs, expert witness + fees, and reasonable attorney fees. + ``(4) Rights retained by employee.--Nothing in this section + shall be deemed to diminish the rights, privileges, or remedies + of any employee under any Federal or State law, or under any + collective bargaining agreement. + ``(5) Nonenforceability of certain provisions waiving + rights and remedies or requiring arbitration of disputes.-- + ``(A) Waiver of rights and remedies.--The rights + and remedies provided for in this subsection may not be + waived by any agreement, policy form, or condition of + employment, including by a predispute arbitration + agreement. + ``(B) Predispute arbitration agreements.--No + predispute arbitration agreement shall be valid or + enforceable, if the agreement requires arbitration of a + dispute arising under this subsection.''. + (c) Effective Date.-- + (1) In general.--The amendments made by subsection (a) + shall apply to disclosures made after the date of the enactment + of this Act. + (2) Civil protection.--The amendment made by subsection (b) + shall take effect on the date of the enactment of this Act. + +SEC. 1406. CUSTOMER SERVICE INFORMATION. + + The Secretary of the Treasury (or the Secretary's delegate) shall +provide helpful information to taxpayers placed on hold during a +telephone call to any Internal Revenue Service help line, including the +following: + (1) Information about common tax scams. + (2) Information on where and how to report tax scams. + (3) Additional advice on how taxpayers can protect + themselves from identity theft and tax scams. + +SEC. 1407. MISDIRECTED TAX REFUND DEPOSITS. + + Section 6402 is amended by adding at the end the following new +subsection: + ``(n) Misdirected Direct Deposit Refund.--Not later than the date +which is 6 months after the date of the enactment of the Taxpayer First +Act of 2019, the Secretary shall prescribe regulations to establish +procedures to allow for-- + ``(1) taxpayers to report instances in which a refund made + by the Secretary by electronic funds transfer was not + transferred to the account of the taxpayer; + ``(2) coordination with financial institutions for the + purpose of-- + ``(A) identifying the accounts to which transfers + described in paragraph (1) were made; and + ``(B) recovery of the amounts so transferred; and + ``(3) the refund to be delivered to the correct account of + the taxpayer.''. + + TITLE II--21ST CENTURY IRS + + Subtitle A--Cybersecurity and Identity Protection + +SEC. 2001. PUBLIC-PRIVATE PARTNERSHIP TO ADDRESS IDENTITY THEFT REFUND + FRAUD. + + The Secretary of the Treasury (or the Secretary's delegate) shall +work collaboratively with the public and private sectors to protect +taxpayers from identity theft refund fraud. + +SEC. 2002. RECOMMENDATIONS OF ELECTRONIC TAX ADMINISTRATION ADVISORY + COMMITTEE REGARDING IDENTITY THEFT REFUND FRAUD. + + The Secretary of the Treasury shall ensure that the advisory group +convened by the Secretary pursuant to section 2001(b)(2) of the +Internal Revenue Service Restructuring and Reform Act of 1998 (commonly +known as the Electronic Tax Administration Advisory Committee) studies +(including by providing organized public forums) and makes +recommendations to the Secretary regarding methods to prevent identity +theft and refund fraud. + +SEC. 2003. INFORMATION SHARING AND ANALYSIS CENTER. + + (a) In General.--The Secretary of the Treasury (or the Secretary's +delegate) may participate in an information sharing and analysis center +to centralize, standardize, and enhance data compilation and analysis +to facilitate sharing actionable data and information with respect to +identity theft tax refund fraud. + (b) Development of Performance Metrics.--The Secretary of the +Treasury (or the Secretary's delegate) shall develop metrics for +measuring the success of such center in detecting and preventing +identity theft tax refund fraud. + (c) Disclosure.-- + (1) In general.--Section 6103(k), as amended by this Act, + is amended by adding at the end the following new paragraph: + ``(14) Disclosure of return information for purposes of + cybersecurity and the prevention of identity theft tax refund + fraud.-- + ``(A) In general.--Under such procedures and + subject to such conditions as the Secretary may + prescribe, the Secretary may disclose specified return + information to specified ISAC participants to the + extent that the Secretary determines such disclosure is + in furtherance of effective Federal tax administration + relating to the detection or prevention of identity + theft tax refund fraud, validation of taxpayer + identity, authentication of taxpayer returns, or + detection or prevention of cybersecurity threats. + ``(B) Specified isac participants.--For purposes of + this paragraph-- + ``(i) In general.--The term `specified ISAC + participant' means-- + ``(I) any person designated by the + Secretary as having primary + responsibility for a function performed + with respect to the information sharing + and analysis center described in + section 2003(a) of the Taxpayer First + Act of 2019, and + ``(II) any person subject to the + requirements of section 7216 and which + is a participant in such information + sharing and analysis center. + ``(ii) Information sharing agreement.--Such + term shall not include any person unless such + person has entered into a written agreement + with the Secretary setting forth the terms and + conditions for the disclosure of information to + such person under this paragraph, including + requirements regarding the protection and + safeguarding of such information by such + person. + ``(C) Specified return information.--For purposes + of this paragraph, the term `specified return + information' means-- + ``(i) in the case of a return which is in + connection with a case of potential identity + theft refund fraud-- + ``(I) in the case of such return + filed electronically, the internet + protocol address, device + identification, email domain name, + speed of completion, method of + authentication, refund method, and such + other return information related to the + electronic filing characteristics of + such return as the Secretary may + identify for purposes of this + subclause, and + ``(II) in the case of such return + prepared by a tax return preparer, + identifying information with respect to + such tax return preparer, including the + preparer taxpayer identification number + and electronic filer identification + number of such preparer, + ``(ii) in the case of a return which is in + connection with a case of a identity theft + refund fraud which has been confirmed by the + Secretary (pursuant to such procedures as the + Secretary may provide), the information + referred to in subclauses (I) and (II) of + clause (i), the name and taxpayer + identification number of the taxpayer as it + appears on the return, and any bank account and + routing information provided for making a + refund in connection with such return, and + ``(iii) in the case of any cybersecurity + threat to the Internal Revenue Service, + information similar to the information + described in subclauses (I) and (II) of clause + (i) with respect to such threat. + ``(D) Restriction on use of disclosed + information.-- + ``(i) Designated third parties.--Any return + information received by a person described in + subparagraph (B)(i)(I) shall be used only for + the purposes of and to the extent necessary + in-- + ``(I) performing the function such + person is designated to perform under + such subparagraph, + ``(II) facilitating disclosures + authorized under subparagraph (A) to + persons described in subparagraph + (B)(i)(II), and + ``(III) facilitating disclosures + authorized under subsection (d) to + participants in such information + sharing and analysis center. + ``(ii) Return preparers.--Any return + information received by a person described in + subparagraph (B)(i)(II) shall be treated for + purposes of section 7216 as information + furnished to such person for, or in connection + with, the preparation of a return of the tax + imposed under chapter 1. + ``(E) Data protection and safeguards.--Return + information disclosed under this paragraph shall be + subject to such protections and safeguards as the + Secretary may require in regulations or other guidance + or in the written agreement referred to in subparagraph + (B)(ii). Such written agreement shall include a + requirement that any unauthorized access to information + disclosed under this paragraph, and any breach of any + system in which such information is held, be reported + to the Treasury Inspector General for Tax + Administration.''. + (2) Application of civil and criminal penalties.-- + (A) Section 6103(a)(3), as amended by this Act, is + amended by striking ``or (13)'' and inserting ``(13), + or (14)''. + (B) Section 7213(a)(2), as amended by this Act, is + amended by striking ``or (13)'' and inserting ``(13), + or (14)''. + +SEC. 2004. COMPLIANCE BY CONTRACTORS WITH CONFIDENTIALITY SAFEGUARDS. + + (a) In General.--Section 6103(p) is amended by adding at the end +the following new paragraph: + ``(9) Disclosure to contractors and other agents.-- + Notwithstanding any other provision of this section, no return + or return information shall be disclosed to any contractor or + other agent of a Federal, State, or local agency unless such + agency, to the satisfaction of the Secretary-- + ``(A) has requirements in effect which require each + such contractor or other agent which would have access + to returns or return information to provide safeguards + (within the meaning of paragraph (4)) to protect the + confidentiality of such returns or return information, + ``(B) agrees to conduct an on-site review every 3 + years (or a mid-point review in the case of contracts + or agreements of less than 3 years in duration) of each + contractor or other agent to determine compliance with + such requirements, + ``(C) submits the findings of the most recent + review conducted under subparagraph (B) to the + Secretary as part of the report required by paragraph + (4)(E), and + ``(D) certifies to the Secretary for the most + recent annual period that such contractor or other + agent is in compliance with all such requirements. + The certification required by subparagraph (D) shall include + the name and address of each contractor or other agent, a + description of the contract or agreement with such contractor + or other agent, and the duration of such contract or agreement. + The requirements of this paragraph shall not apply to + disclosures pursuant to subsection (n) for purposes of Federal + tax administration.''. + (b) Conforming Amendment.--Section 6103(p)(8)(B) is amended by +inserting ``or paragraph (9)'' after ``subparagraph (A)''. + (c) Effective Date.--The amendments made by this section shall +apply to disclosures made after December 31, 2022. + +SEC. 2005. REPORT ON ELECTRONIC PAYMENTS. + + Not later than 2 years after the date of the enactment of this Act, +the Secretary of the Treasury (or the Secretary's delegate), in +coordination with the Bureau of Fiscal Service and the Internal Revenue +Service, and in consultation with private sector financial +institutions, shall submit a written report to Congress describing how +the government can utilize new payment platforms to increase the number +of tax refunds paid by electronic funds transfer. Such report shall +weigh the interests of reducing identity theft tax refund fraud, +reducing the Federal Government's costs in delivering tax refunds, the +costs and any associated fees charged to taxpayers (including monthly +and point-of-service fees) to access their tax refunds, the impact on +individuals who do not have access to financial accounts or +institutions, and ensuring payments are made to accounts at a financial +institution that complies with section 21 of the Federal Deposit +Insurance Act, chapter 2 of title I of Public Law 91-508, and +subchapter II of chapter 53 of title 31, United States Code (commonly +referred to collectively as the ``Bank Secrecy Act'') and the USA +PATRIOT Act. Such report shall include any legislative recommendations +necessary to accomplish these goals. + +SEC. 2006. IDENTITY PROTECTION PERSONAL IDENTIFICATION NUMBERS. + + (a) In General.--Subject to subsection (b), the Secretary of the +Treasury or the Secretary's delegate (hereafter referred to in this +section as the ``Secretary'') shall establish a program to issue, upon +the request of any individual, a number which may be used in connection +with such individual's social security number (or other identifying +information with respect to such individual as determined by the +Secretary) to assist the Secretary in verifying such individual's +identity. + (b) Requirements.-- + (1) Annual expansion.--For each calendar year beginning + after the date of the enactment of this Act, the Secretary + shall provide numbers through the program described in + subsection (a) to individuals residing in such States as the + Secretary deems appropriate, provided that the total number of + States served by such program during such year is greater than + the total number of States served by such program during the + preceding year. + (2) Nationwide availability.--Not later than 5 years after + the date of the enactment of this Act, the Secretary shall + ensure that the program described in subsection (a) is made + available to any individual residing in the United States. + +SEC. 2007. SINGLE POINT OF CONTACT FOR TAX-RELATED IDENTITY THEFT + VICTIMS. + + (a) In General.--The Secretary of the Treasury (or the Secretary's +delegate) shall establish and implement procedures to ensure that any +taxpayer whose return has been delayed or otherwise adversely affected +due to tax-related identity theft has a single point of contact at the +Internal Revenue Service throughout the processing of the taxpayer's +case. The single point of contact shall track the taxpayer's case to +completion and coordinate with other Internal Revenue Service employees +to resolve case issues as quickly as possible. + (b) Single Point of Contact.-- + (1) In general.--For purposes of subsection (a), the single + point of contact shall consist of a team or subset of specially + trained employees who-- + (A) have the ability to work across functions to + resolve the issues involved in the taxpayer's case; and + (B) shall be accountable for handling the case + until its resolution. + (2) Team or subset.--The employees included within the team + or subset described in paragraph (1) may change as required to + meet the needs of the Internal Revenue Service, provided that + procedures have been established to-- + (A) ensure continuity of records and case history; + and + (B) notify the taxpayer when appropriate. + +SEC. 2008. NOTIFICATION OF SUSPECTED IDENTITY THEFT. + + (a) In General.--Chapter 77 is amended by adding at the end the +following new section: + +``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT. + + ``(a) In General.--If the Secretary determines that there has been +or may have been an unauthorized use of the identity of any individual, +the Secretary shall, without jeopardizing an investigation relating to +tax administration-- + ``(1) as soon as practicable-- + ``(A) notify the individual of such determination, + ``(B) provide instructions on how to file a report + with law enforcement regarding the unauthorized use, + ``(C) identify any steps to be taken by the + individual to permit law enforcement to access personal + information of the individual during the investigation, + ``(D) provide information regarding actions the + individual may take in order to protect the individual + from harm relating to the unauthorized use, and + ``(E) offer identity protection measures to the + individual, such as the use of an identity protection + personal identification number, and + ``(2) at the time the information described in paragraph + (1) is provided (or, if not available at such time, as soon as + practicable thereafter), issue additional notifications to such + individual (or such individual's designee) regarding-- + ``(A) whether an investigation has been initiated + in regards to such unauthorized use, + ``(B) whether the investigation substantiated an + unauthorized use of the identity of the individual, and + ``(C) whether-- + ``(i) any action has been taken against a + person relating to such unauthorized use, or + ``(ii) any referral has been made for + criminal prosecution of such person and, to the + extent such information is available, whether + such person has been criminally charged by + indictment or information. + ``(b) Employment-Related Identity Theft.-- + ``(1) In general.--For purposes of this section, the + unauthorized use of the identity of an individual includes the + unauthorized use of the identity of the individual to obtain + employment. + ``(2) Determination of employment-related identity theft.-- + For purposes of this section, in making a determination as to + whether there has been or may have been an unauthorized use of + the identity of an individual to obtain employment, the + Secretary shall review any information-- + ``(A) obtained from a statement described in + section 6051 or an information return relating to + compensation for services rendered other than as an + employee, or + ``(B) provided to the Internal Revenue Service by + the Social Security Administration regarding any + statement described in section 6051, + which indicates that the social security account number + provided on such statement or information return does not + correspond with the name provided on such statement or + information return or the name on the tax return reporting the + income which is included on such statement or information + return.''. + (b) Additional Measures.-- + (1) Examination of both paper and electronic statements and + returns.--The Secretary of the Treasury (or the Secretary's + delegate) shall examine the statements, information returns, + and tax returns described in section 7529(b)(2) of the Internal + Revenue Code of 1986 (as added by subsection (a)) for any + evidence of employment-related identity theft, regardless of + whether such statements or returns are submitted electronically + or on paper. + (2) Improvement of effective return processing program with + social security administration.--Section 232 of the Social + Security Act (42 U.S.C. 432) is amended by inserting after the + third sentence the following: ``For purposes of carrying out + the return processing program described in the preceding + sentence, the Commissioner of Social Security shall request, + not less than annually, such information described in section + 7529(b)(2) of the Internal Revenue Code of 1986 as may be + necessary to ensure the accuracy of the records maintained by + the Commissioner of Social Security related to the amounts of + wages paid to, and the amounts of self-employment income + derived by, individuals.''. + (3) Underreporting of income.--The Secretary (or the + Secretary's delegate) shall establish procedures to ensure that + income reported in connection with the unauthorized use of a + taxpayer's identity is not taken into account in determining + any penalty for underreporting of income by the victim of + identity theft. + (c) Clerical Amendment.--The table of sections for chapter 77 is +amended by adding at the end the following new item: + +``Sec. 7529. Notification of suspected identity theft.''. + (d) Effective Date.--The amendments made by this section shall +apply to determinations made after the date that is 6 months after the +date of the enactment of this Act. + +SEC. 2009. GUIDELINES FOR STOLEN IDENTITY REFUND FRAUD CASES. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Secretary (or the Secretary's delegate), in +consultation with the National Taxpayer Advocate, shall develop and +implement publicly available guidelines for management of cases +involving stolen identity refund fraud in a manner that reduces the +administrative burden on taxpayers who are victims of such fraud. + (b) Standards and Procedures To Be Considered.--The guidelines +described in subsection (a) may include-- + (1) standards for-- + (A) the average length of time in which a case + involving stolen identity refund fraud should be + resolved; + (B) the maximum length of time, on average, a + taxpayer who is a victim of stolen identity refund + fraud and is entitled to a tax refund which has been + stolen should have to wait to receive such refund; and + (C) the maximum number of offices and employees + within the Internal Revenue Service with whom a + taxpayer who is a victim of stolen identity refund + fraud should be required to interact in order to + resolve a case; + (2) standards for opening, assigning, reassigning, or + closing a case involving stolen identity refund fraud; and + (3) procedures for implementing and accomplishing the + standards described in paragraphs (1) and (2), and measures for + evaluating such procedures and determining whether such + standards have been successfully implemented. + +SEC. 2010. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF + INFORMATION BY PREPARERS OF RETURNS. + + (a) In General.--Section 6713 is amended-- + (1) by redesignating subsections (b) and (c) as subsections + (c) and (d), respectively; and + (2) by inserting after subsection (a) the following new + subsection: + ``(b) Enhanced Penalty for Improper Use or Disclosure Relating to +Identity Theft.-- + ``(1) In general.--In the case of a disclosure or use + described in subsection (a) that is made in connection with a + crime relating to the misappropriation of another person's + taxpayer identity (as defined in section 6103(b)(6)), whether + or not such crime involves any tax filing, subsection (a) shall + be applied-- + ``(A) by substituting `$1,000' for `$250', and + ``(B) by substituting `$50,000' for `$10,000'. + ``(2) Separate application of total penalty limitation.-- + The limitation on the total amount of the penalty under + subsection (a) shall be applied separately with respect to + disclosures or uses to which this subsection applies and to + which it does not apply.''. + (b) Criminal Penalty.--Section 7216(a) is amended by striking +``$1,000'' and inserting ``$1,000 ($100,000 in the case of a disclosure +or use to which section 6713(b) applies)''. + (c) Effective Date.--The amendments made by this section shall +apply to disclosures or uses on or after the date of the enactment of +this Act. + + Subtitle B--Development of Information Technology + +SEC. 2101. MANAGEMENT OF INTERNAL REVENUE SERVICE INFORMATION + TECHNOLOGY. + + (a) Duties and Responsibilities of Internal Revenue Service Chief +Information Officer.--Section 7803, as amended by section 1001, is +amended by adding at the end the following new subsection: + ``(f) Internal Revenue Service Chief Information Officer.-- + ``(1) In general.--There shall be in the Internal Revenue + Service an Internal Revenue Service Chief Information Officer + (hereafter referred to in this subsection as the `IRS CIO') who + shall be appointed by the Commissioner of Internal Revenue. + ``(2) Centralized responsibility for internal revenue + service information technology.--The Commissioner of Internal + Revenue (and the Secretary) shall act through the IRS CIO with + respect to all development, implementation, and maintenance of + information technology for the Internal Revenue Service. Any + reference in this subsection to the IRS CIO which directs the + IRS CIO to take any action, or to assume any responsibility, + shall be treated as a reference to the Commissioner of Internal + Revenue acting through the IRS CIO. + ``(3) General duties and responsibilities.--The IRS CIO + shall-- + ``(A) be responsible for the development, + implementation, and maintenance of information + technology for the Internal Revenue Service, + ``(B) ensure that the information technology of the + Internal Revenue Service is secure and integrated, + ``(C) maintain operational control of all + information technology for the Internal Revenue + Service, + ``(D) be the principal advocate for the information + technology needs of the Internal Revenue Service, and + ``(E) consult with the Chief Procurement Officer of + the Internal Revenue Service to ensure that the + information technology acquired for the Internal + Revenue Service is consistent with-- + ``(i) the goals and requirements specified + in subparagraphs (A) through (D), and + ``(ii) the strategic plan developed under + paragraph (4). + ``(4) Strategic plan.-- + ``(A) In general.--The IRS CIO shall develop and + implement a multiyear strategic plan for the + information technology needs of the Internal Revenue + Service. Such plan shall-- + ``(i) include performance measurements of + such technology and of the implementation of + such plan, + ``(ii) include a plan for an integrated + enterprise architecture of the information + technology of the Internal Revenue Service, + ``(iii) include and take into account the + resources needed to accomplish such plan, + ``(iv) take into account planned major + acquisitions of information technology by the + Internal Revenue Service, and + ``(v) align with the needs and strategic + plan of the Internal Revenue Service. + ``(B) Plan updates.--The IRS CIO shall, not less + frequently than annually, review and update the + strategic plan under subparagraph (A) (including the + plan for an integrated enterprise architecture + described in subparagraph (A)(ii)) to take into account + the development of new information technology and the + needs of the Internal Revenue Service. + ``(5) Scope of authority.-- + ``(A) Information technology.--For purposes of this + subsection, the term `information technology' has the + meaning given such term by section 11101 of title 40, + United States Code. + ``(B) Internal revenue service.--Any reference in + this subsection to the Internal Revenue Service + includes a reference to all components of the Internal + Revenue Service, including-- + ``(i) the Office of the Taxpayer Advocate, + ``(ii) the Criminal Investigation Division + of the Internal Revenue Service, and + ``(iii) except as otherwise provided by the + Secretary with respect to information + technology related to matters described in + subsection (b)(3)(B), the Office of the Chief + Counsel.''. + (b) Independent Verification and Validation of the Customer Account +Data Engine 2 and Enterprise Case Management System.-- + (1) In general.--The Commissioner of Internal Revenue shall + enter into a contract with an independent reviewer to verify + and validate the implementation plans (including the + performance milestones and cost estimates included in such + plans) developed for the Customer Account Data Engine 2 and the + Enterprise Case Management System. + (2) Deadline for completion.--Such contract shall require + that such verification and validation be completed not later + than the date which is 1 year after the date of the enactment + of this Act. + (3) Application to phases of cade 2.-- + (A) In general.--Paragraphs (1) and (2) shall not + apply to phase 1 of the Customer Account Data Engine 2 + and shall apply separately to each other phase. + (B) Deadline for completing plans.--Not later than + 1 year after the date of the enactment of this Act, the + Commissioner of Internal Revenue shall complete the + development of plans for all phases of the Customer + Account Data Engine 2. + (C) Deadline for completion of verification and + validation of plans.--In the case of any phase after + phase 2 of the Customer Account Data Engine 2, + paragraph (2) shall be applied by substituting ``the + date on which the plan for such phase was completed'' + for ``the date of the enactment of this Act''. + (c) Coordination of IRS CIO and Chief Procurement Officer of the +Internal Revenue Service.-- + (1) In general.--The Chief Procurement Officer of the + Internal Revenue Service shall-- + (A) identify all significant IRS information + technology acquisitions and provide written + notification to the Internal Revenue Service Chief + Information Officer (hereafter referred to in this + subsection as the ``IRS CIO'') of each such acquisition + in advance of such acquisition, and + (B) regularly consult with the IRS CIO regarding + acquisitions of information technology for the Internal + Revenue Service, including meeting with the IRS CIO + regarding such acquisitions upon request. + (2) Significant irs information technology acquisitions.-- + For purposes of this subsection, the term ``significant IRS + information technology acquisitions'' means-- + (A) any acquisition of information technology for + the Internal Revenue Service in excess of $1,000,000; + and + (B) such other acquisitions of information + technology for the Internal Revenue Service (or + categories of such acquisitions) as the IRS CIO, in + consultation with the Chief Procurement Officer of the + Internal Revenue Service, may identify. + (3) Scope.--Terms used in this subsection which are also + used in section 7803(f) of the Internal Revenue Code of 1986 + (as added by subsection (a)) shall have the same meaning as + when used in such section. + +SEC. 2102. INTERNET PLATFORM FOR FORM 1099 FILINGS. + + (a) In General.--Not later than January 1, 2023, the Secretary of +the Treasury or the Secretary's delegate (hereafter referred to in this +section as the ``Secretary'') shall make available an internet website +or other electronic media, with a user interface and functionality +similar to the Business Services Online Suite of Services provided by +the Social Security Administration, that provides access to resources +and guidance provided by the Internal Revenue Service and allows +persons to-- + (1) prepare and file Forms 1099; + (2) prepare Forms 1099 for distribution to recipients other + than the Internal Revenue Service; and + (3) maintain a record of completed, filed, and distributed + Forms 1099. + (b) Electronic Services Treated as Supplemental; Application of +Security Standards.--The Secretary shall ensure that the services +described in subsection (a)-- + (1) are a supplement to, and not a replacement for, other + services provided by the Internal Revenue Service to taxpayers; + and + (2) comply with applicable security standards and + guidelines. + +SEC. 2103. STREAMLINED CRITICAL PAY AUTHORITY FOR INFORMATION + TECHNOLOGY POSITIONS. + + (a) In General.--Subchapter A of chapter 80 is amended by adding at +the end the following new section: + +``SEC. 7812. STREAMLINED CRITICAL PAY AUTHORITY FOR INFORMATION + TECHNOLOGY POSITIONS. + + ``In the case of any position which is critical to the +functionality of the information technology operations of the Internal +Revenue Service-- + ``(1) section 9503 of title 5, United States Code, shall be + applied-- + ``(A) by substituting `during the period beginning + on the date of the enactment of section 7812 of the + Internal Revenue Code of 1986, and ending on September + 30, 2025' for `Before September 30, 2013 in subsection + (a)', + ``(B) without regard to subparagraph (B) of + subsection (a)(1), and + ``(C) by substituting `the date of the enactment of + the Taxpayer First Act of 2019' for `June 1, 1998' in + subsection (a)(6), + ``(2) section 9504 of such title 5 shall be applied by + substituting `During the period beginning on the date of the + enactment of section 7812 of the Internal Revenue Code of 1986, + and ending on September 30, 2025' for `Before September 30, + 2013' each place it appears in subsections (a) and (b), and + ``(3) section 9505 of such title shall be applied-- + ``(A) by substituting `During the period beginning + on the date of the enactment of section 7812 of the + Internal Revenue Code of 1986, and ending on September + 30, 2025' for `Before September 30, 2013' in subsection + (a), and + ``(B) by substituting `the information technology + operations' for `significant functions' in subsection + (a).''. + (b) Clerical Amendment.--The table of sections for subchapter A of +chapter 80 is amended by adding at the end the following new item: + +``Sec. 7812. Streamlined critical pay authority for information + technology positions.''. + + Subtitle C--Modernization of Consent-Based Income Verification System + +SEC. 2201. DISCLOSURE OF TAXPAYER INFORMATION FOR THIRD-PARTY INCOME + VERIFICATION. + + (a) In General.--Not later than 1 year after the close of the 2- +year period described in subsection (d)(1), the Secretary of the +Treasury or the Secretary's delegate (hereafter referred to in this +section as the ``Secretary'') shall implement a program to ensure that +any qualified disclosure-- + (1) is fully automated and accomplished through the + internet; and + (2) is accomplished in as close to real-time as is + practicable. + (b) Qualified Disclosure.--For purposes of this section, the term +``qualified disclosure'' means a disclosure under section 6103(c) of +the Internal Revenue Code of 1986 of returns or return information by +the Secretary to a person seeking to verify the income or +creditworthiness of a taxpayer who is a borrower in the process of a +loan application. + (c) Application of Security Standards.--The Secretary shall ensure +that the program described in subsection (a) complies with applicable +security standards and guidelines. + (d) User Fee.-- + (1) In general.--During the 2-year period beginning on the + first day of the 6th calendar month beginning after the date of + the enactment of this Act, the Secretary shall assess and + collect a fee for qualified disclosures (in addition to any + other fee assessed and collected for such disclosures) at such + rates as the Secretary determines are sufficient to cover the + costs related to implementing the program described in + subsection (a), including the costs of any necessary + infrastructure or technology. + (2) Deposit of collections.--Amounts received from fees + assessed and collected under paragraph (1) shall be deposited + in, and credited to, an account solely for the purpose of + carrying out the activities described in subsection (a). Such + amounts shall be available to carry out such activities without + need of further appropriation and without fiscal year + limitation. + +SEC. 2202. LIMIT REDISCLOSURES AND USES OF CONSENT-BASED DISCLOSURES OF + TAX RETURN INFORMATION. + + (a) In General.--Section 6103(c) is amended by adding at the end +the following: ``Persons designated by the taxpayer under this +subsection to receive return information shall not use the information +for any purpose other than the express purpose for which consent was +granted and shall not disclose return information to any other person +without the express permission of, or request by, the taxpayer.''. + (b) Application of Penalties.--Section 6103(a)(3) is amended by +inserting ``subsection (c),'' after ``return information under''. + (c) Effective Date.--The amendments made by this section shall +apply to disclosures made after the date which is 180 days after the +date of the enactment of this Act. + + Subtitle D--Expanded Use of Electronic Systems + +SEC. 2301. ELECTRONIC FILING OF RETURNS. + + (a) In General.--Section 6011(e)(2)(A) is amended by striking +``250'' and inserting ``the applicable number of''. + (b) Applicable Number.--Section 6011(e) is amended by striking +paragraph (5) and inserting the following new paragraphs: + ``(5) Applicable number.-- + ``(A) In general.--For purposes of paragraph + (2)(A), the applicable number shall be-- + ``(i) except as provided in subparagraph + (B), in the case of calendar years before 2021, + 250, + ``(ii) in the case of calendar year 2021, + 100, and + ``(iii) in the case of calendar years after + 2021, 10. + ``(B) Special rule for partnerships for 2018, 2019, + 2020, and 2021.--In the case of a partnership, for any + calendar year before 2022, the applicable number shall + be-- + ``(i) in the case of calendar year 2018, + 200, + ``(ii) in the case of calendar year 2019, + 150, + ``(iii) in the case of calendar year 2020, + 100, and + ``(iv) in the case of calendar year 2021, + 50. + ``(6) Partnerships required to file on magnetic media.-- + Notwithstanding paragraph (2)(A), the Secretary shall require + partnerships having more than 100 partners to file returns on + magnetic media.''. + (c) Returns Filed by a Tax Return Preparer.--Section 6011(e)(3) is +amended by adding at the end the following new subparagraph: + ``(D) Exception for certain preparers located in + areas without internet access.--The Secretary may waive + the requirement of subparagraph (A) if the Secretary + determines, on the basis of an application by the tax + return preparer, that the preparer cannot meet such + requirement by reason of being located in a geographic + area which does not have access to internet service + (other than dial-up or satellite service).''. + (d) Conforming Amendment.--Section 6724(c) is amended by striking +``250 information returns (more than 100 information returns in the +case of a partnership having more than 100 partners)'' and inserting +``the applicable number (determined under section 6011(e)(5) with +respect to the calendar year to which such returns relate) of +information returns''. + (e) Effective Date.--The amendments made by this section shall take +effect on the date of the enactment of this Act. + +SEC. 2302. UNIFORM STANDARDS FOR THE USE OF ELECTRONIC SIGNATURES FOR + DISCLOSURE AUTHORIZATIONS TO, AND OTHER AUTHORIZATIONS + OF, PRACTITIONERS. + + Section 6061(b)(3) is amended to read as follows: + ``(3) Published guidance.-- + ``(A) In general.--The Secretary shall publish + guidance as appropriate to define and implement any + waiver of the signature requirements or any method + adopted under paragraph (1). + ``(B) Electronic signatures for disclosure + authorizations to, and other authorizations of, + practitioners.--Not later than 6 months after the date + of the enactment of this subparagraph, the Secretary + shall publish guidance to establish uniform standards + and procedures for the acceptance of taxpayers' + signatures appearing in electronic form with respect to + any request for disclosure of a taxpayer's return or + return information under section 6103(c) to a + practitioner or any power of attorney granted by a + taxpayer to a practitioner. + ``(C) Practitioner.--For purposes of subparagraph + (B), the term `practitioner' means any individual in + good standing who is regulated under section 330 of + title 31, United States Code.''. + +SEC. 2303. PAYMENT OF TAXES BY DEBIT AND CREDIT CARDS. + + Section 6311(d)(2) is amended by adding at the end the following: +``The preceding sentence shall not apply to the extent that the +Secretary ensures that any such fee or other consideration is fully +recouped by the Secretary in the form of fees paid to the Secretary by +persons paying taxes imposed under subtitle A with credit, debit, or +charge cards pursuant to such contract. Notwithstanding the preceding +sentence, the Secretary shall seek to minimize the amount of any fee or +other consideration that the Secretary pays under any such contract.''. + +SEC. 2304. AUTHENTICATION OF USERS OF ELECTRONIC SERVICES ACCOUNTS. + + Beginning 180 days after the date of the enactment of this Act, the +Secretary of the Treasury (or the Secretary's delegate) shall verify +the identity of any individual opening an e-Services account with the +Internal Revenue Service before such individual is able to use the e- +Services tools. + + Subtitle E--Other Provisions + +SEC. 2401. REPEAL OF PROVISION REGARDING CERTAIN TAX COMPLIANCE + PROCEDURES AND REPORTS. + + Section 2004 of the Internal Revenue Service Restructuring and +Reform Act of 1998 (26 U.S.C. 6012 note) is repealed. + +SEC. 2402. COMPREHENSIVE TRAINING STRATEGY. + + Not later than 1 year after the date of the enactment of this Act, +the Commissioner of Internal Revenue shall submit to Congress a written +report providing a comprehensive training strategy for employees of the +Internal Revenue Service, including-- + (1) a plan to streamline current training processes, + including an assessment of the utility of further consolidating + internal training programs, technology, and funding; + (2) a plan to develop annual training regarding taxpayer + rights, including the role of the Office of the Taxpayer + Advocate, for employees that interface with taxpayers and the + direct managers of such employees; + (3) a plan to improve technology-based training; + (4) proposals to-- + (A) focus employee training on early, fair, and + efficient resolution of taxpayer disputes for employees + that interface with taxpayers and the direct managers + of such employees; and + (B) ensure consistency of skill development and + employee evaluation throughout the Internal Revenue + Service; and + (5) a thorough assessment of the funding necessary to + implement such strategy. + + TITLE III--MISCELLANEOUS PROVISIONS + +Subtitle A--Reform of Laws Governing Internal Revenue Service Employees + +SEC. 3001. PROHIBITION ON REHIRING ANY EMPLOYEE OF THE INTERNAL REVENUE + SERVICE WHO WAS INVOLUNTARILY SEPARATED FROM SERVICE FOR + MISCONDUCT. + + (a) In General.--Section 7804 is amended by adding at the end the +following new subsection: + ``(d) Prohibition on Rehiring Employees Involuntarily Separated.-- +The Commissioner may not hire any individual previously employed by the +Commissioner who was removed for misconduct under this subchapter or +chapter 43 or chapter 75 of title 5, United States Code, or whose +employment was terminated under section 1203 of the Internal Revenue +Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note).''. + (b) Effective Date.--The amendment made by subsection (a) shall +apply with respect to the hiring of employees after the date of the +enactment of this Act. + +SEC. 3002. NOTIFICATION OF UNAUTHORIZED INSPECTION OR DISCLOSURE OF + RETURNS AND RETURN INFORMATION. + + (a) In General.--Subsection (e) of section 7431 is amended by +adding at the end the following new sentences: ``The Secretary shall +also notify such taxpayer if the Internal Revenue Service or a Federal +or State agency (upon notice to the Secretary by such Federal or State +agency) proposes an administrative determination as to disciplinary or +adverse action against an employee arising from the employee's +unauthorized inspection or disclosure of the taxpayer's return or +return information. The notice described in this subsection shall +include the date of the unauthorized inspection or disclosure and the +rights of the taxpayer under such administrative determination.''. + (b) Effective Date.--The amendment made by this section shall apply +to determinations proposed after the date which is 180 days after the +date of the enactment of this Act. + + Subtitle B--Provisions Relating to Exempt Organizations + +SEC. 3101. MANDATORY E-FILING BY EXEMPT ORGANIZATIONS. + + (a) In General.--Section 6033 is amended by redesignating +subsection (n) as subsection (o) and by inserting after subsection (m) +the following new subsection: + ``(n) Mandatory Electronic Filing.--Any organization required to +file a return under this section shall file such return in electronic +form.''. + (b) Conforming Amendment.--Paragraph (7) of section 527(j) is +amended by striking ``if the organization has'' and all that follows +through ``such calendar year''. + (c) Inspection of Electronically Filed Annual Returns.--Subsection +(b) of section 6104 is amended by adding at the end the following: +``Any annual return required to be filed electronically under section +6033(n) shall be made available by the Secretary to the public as soon +as practicable in a machine readable format.''. + (d) Effective Date.-- + (1) In general.--Except as provided in paragraph (2), the + amendments made by this section shall apply to taxable years + beginning after the date of the enactment of this Act. + (2) Transitional relief.-- + (A) Small organizations.-- + (i) In general.--In the case of any small + organizations, or any other organizations for + which the Secretary of the Treasury or the + Secretary's delegate (hereafter referred to in + this paragraph as the ``Secretary'') determines + the application of the amendments made by this + section would cause undue burden without a + delay, the Secretary may delay the application + of such amendments, but such delay shall not + apply to any taxable year beginning on or after + the date 2 years after of the enactment of this + Act. + (ii) Small organization.--For purposes of + clause (i), the term ``small organization'' + means any organization-- + (I) the gross receipts of which for + the taxable year are less than + $200,000; and + (II) the aggregate gross assets of + which at the end of the taxable year + are less than $500,000. + (B) Organizations filing form 990-T.--In the case + of any organization described in section 511(a)(2) of + the Internal Revenue Code of 1986 which is subject to + the tax imposed by section 511(a)(1) of such Code on + its unrelated business taxable income, or any + organization required to file a return under section + 6033 of such Code and include information under + subsection (e) thereof, the Secretary may delay the + application of the amendments made by this section, but + such delay shall not apply to any taxable year + beginning on or after the date 2 years after of the + enactment of this Act. + +SEC. 3102. NOTICE REQUIRED BEFORE REVOCATION OF TAX-EXEMPT STATUS FOR + FAILURE TO FILE RETURN. + + (a) In General.--Section 6033(j)(1) is amended by striking ``If an +organization'' and inserting the following: + ``(A) Notice.-- + ``(i) In general.--If an organization + described in subsection (a)(1) or (i) fails to + file the annual return or notice required under + either subsection for 2 consecutive years, the + Secretary shall notify the organization-- + ``(I) that the Internal Revenue + Service has no record of such a return + or notice from such organization for 2 + consecutive years, and + ``(II) about the revocation that + will occur under subparagraph (B) if + the organization fails to file such a + return or notice by the due date for + the next such return or notice required + to be filed. + The notification under the preceding sentence + shall include information about how to comply + with the filing requirements under subsection + (a)(1) and (i). + ``(B) Revocation.--If an organization''. + (b) Effective Date.--The amendment made by this section shall apply +to failures to file returns or notices for 2 consecutive years if the +return or notice for the second year is required to be filed after +December 31, 2019. + + Subtitle C--Revenue Provision + +SEC. 3201. INCREASE IN PENALTY FOR FAILURE TO FILE. + + (a) In General.--The second sentence of subsection (a) of section +6651 is amended by striking ``$205'' and inserting ``$330''. + (b) Inflation Adjustment.--Section 6651(j)(1) is amended-- + (1) by striking ``2014'' and inserting ``2020'', + (2) by striking ``$205'' and inserting ``$330'', and + (3) by striking ``2013'' and inserting ``2019''. + (c) Effective Date.--The amendments made by this subsection shall +apply to returns required to be filed after December 31, 2019. + \ No newline at end of file From 6cd0b48cbda3bc3345193ed2ba005196ef19508c Mon Sep 17 00:00:00 2001 From: "Rep. Lewis, John [D-GA-5]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 206/984] House-1957: Engrossed in House --- bills_text/House-1957.txt | 359 ++++++++++++++++++-------------------- 1 file changed, 172 insertions(+), 187 deletions(-) diff --git a/bills_text/House-1957.txt b/bills_text/House-1957.txt index 03e8b90..13426c9 100644 --- a/bills_text/House-1957.txt +++ b/bills_text/House-1957.txt @@ -2,29 +2,9 @@ 1st Session H. R. 1957 -To amend the Internal Revenue Code of 1986 to modernize and improve the - Internal Revenue Service, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 28, 2019 - -Mr. Lewis (for himself, Mr. Kelly of Pennsylvania, Mr. Neal, Mr. Brady, - Ms. DelBene, Mrs. Walorski, Ms. Sanchez, Mr. LaHood, Mr. Suozzi, Mr. - Wenstrup, Ms. Judy Chu of California, Ms. Moore, and Mr. Brendan F. - Boyle of Pennsylvania) introduced the following bill; which was - referred to the Committee on Ways and Means, and in addition to the - Committee on Financial Services, for a period to be subsequently - determined by the Speaker, in each case for consideration of such - provisions as fall within the jurisdiction of the committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -105,13 +85,12 @@ Sec. 2002. Recommendations of Electronic Tax Administration Advisory fraud. Sec. 2003. Information sharing and analysis center. Sec. 2004. Compliance by contractors with confidentiality safeguards. -Sec. 2005. Report on electronic payments. -Sec. 2006. Identity protection personal identification numbers. -Sec. 2007. Single point of contact for tax-related identity theft +Sec. 2005. Identity protection personal identification numbers. +Sec. 2006. Single point of contact for tax-related identity theft victims. -Sec. 2008. Notification of suspected identity theft. -Sec. 2009. Guidelines for stolen identity refund fraud cases. -Sec. 2010. Increased penalty for improper disclosure or use of +Sec. 2007. Notification of suspected identity theft. +Sec. 2008. Guidelines for stolen identity refund fraud cases. +Sec. 2009. Increased penalty for improper disclosure or use of information by preparers of returns. Subtitle B--Development of Information Technology @@ -156,6 +135,9 @@ Sec. 3102. Notice required before revocation of tax-exempt status for Subtitle C--Revenue Provision Sec. 3201. Increase in penalty for failure to file. + TITLE IV--BUDGETARY EFFECTS + +Sec. 4001. Determination of budgetary effects. TITLE I--PUTTING TAXPAYERS FIRST @@ -189,8 +171,8 @@ following new subsection: under subparagraph (B) shall have experience and expertise in-- ``(i) administration of, and compliance - with, Federal tax laws, - ``(ii) a broad range of compliance cases, + with, Federal tax laws; + ``(ii) a broad range of compliance cases; and ``(iii) management of large service organizations. @@ -199,10 +181,10 @@ following new subsection: Appeals to resolve Federal tax controversies without litigation on a basis which-- ``(A) is fair and impartial to both the Government - and the taxpayer, + and the taxpayer; ``(B) promotes a consistent application and interpretation of, and voluntary compliance with, the - Federal tax laws, and + Federal tax laws; and ``(C) enhances public confidence in the integrity and efficiency of the Internal Revenue Service. ``(4) Right of appeal.--The resolution process described in @@ -219,7 +201,7 @@ following new subsection: the facts involved, the basis for the decision to deny the request, and a detailed explanation of how the basis of such decision applies to - such facts, and + such facts; and ``(ii) describes the procedures prescribed under subparagraph (C) for protesting the decision to deny the request. @@ -277,7 +259,7 @@ following new subsection: who is a natural person, a taxpayer whose adjusted gross income does not exceed $400,000 for the taxable year to - which the dispute relates, and + which the dispute relates; and ``(II) in the case of any other taxpayer, a taxpayer whose gross receipts do not exceed $5,000,000 for @@ -307,7 +289,7 @@ following new subsection: inserting ``Internal Revenue Service Independent Office of Appeals''. (3) The heading of section 6330(d)(3) is amended by - inserting ``Independent'' after ``IRS''. + inserting ``independent'' after ``irs''. (c) Other References.--Any reference in any provision of law, or regulation or other guidance, to the Internal Revenue Service Office of Appeals shall be treated as a reference to the Internal Revenue Service @@ -512,7 +494,7 @@ SEC. 1203. CLARIFICATION OF EQUITABLE RELIEF FROM JOINT LIABILITY. determination made under this section shall be reviewed de novo by the Tax Court and shall be based upon-- ``(A) the administrative record established at the - time of the determination, and + time of the determination; and ``(B) any additional newly discovered or previously unavailable evidence.''; and (2) by amending subsection (f) to read as follows: @@ -522,16 +504,16 @@ SEC. 1203. CLARIFICATION OF EQUITABLE RELIEF FROM JOINT LIABILITY. ``(A) taking into account all the facts and circumstances, it is inequitable to hold the individual liable for any unpaid tax or any deficiency (or any - portion of either), and + portion of either); and ``(B) relief is not available to such individual - under subsection (b) or (c), + under subsection (b) or (c); the Secretary may relieve such individual of such liability. ``(2) Limitation.--A request for equitable relief under this subsection may be made with respect to any portion of any liability that-- ``(A) has not been paid, provided that such request is made before the expiration of the applicable period - of limitation under section 6502, or + of limitation under section 6502; or ``(B) has been paid, provided that such request is made during the period in which the individual could submit a timely claim for refund or credit of such @@ -569,12 +551,12 @@ the following new subparagraphs: income benefits under title XVI of the Social Security Act (including supplemental security income benefits of the type described in section 1616 of such Act or - section 212 of Public Law 93-66), or + section 212 of Public Law 93-66); or ``(F) a taxpayer who is an individual with adjusted gross income, as determined for the most recent taxable year for which such information is available, which does not exceed 200 percent of the applicable poverty - level (as determined by the Secretary),''. + level (as determined by the Secretary);''. (b) Determination of Inactive Tax Receivables Eligible for Collection Under Tax Collection Contracts.--Section 6306(c)(2)(A)(ii) is amended by striking ``more than \1/3\ of the period of the @@ -587,10 +569,10 @@ years'' and inserting ``7 years''. May Be Used for Program Costs.-- (1) In general.--Section 6307(b) is amended-- (A) in paragraph (2), by striking all that follows - ``under such program'' and inserting a period, and + ``under such program'' and inserting a period; and (B) in paragraph (3), by striking all that follows ``out of such account'' and inserting ``for other than - program costs''. + program costs.''. (2) Communications, software, and technology costs treated as program costs.--Section 6307(d)(2)(B) is amended by striking ``telecommunications'' and inserting ``communications, @@ -628,7 +610,7 @@ SEC. 1206. REFORM OF NOTICE OF CONTACT OF THIRD PARTIES. a notice which-- ``(A) informs the taxpayer that contacts with persons other than the taxpayer are intended to be made - during such period, and + during such period; and ``(B) except as otherwise provided by the Secretary, is provided to the taxpayer not later than 45 days before the beginning of such period. @@ -664,9 +646,9 @@ is amended to read as follows: establishing that the Secretary has made reasonable requests for the information that is the subject of the - summons, and + summons; and ``(II) is attached to such - summons,''. + summons;''. (c) Establishment That Reasonable Requests for Information Were Made.--Subsection (j) of section 6503 is amended by adding at the end the following new paragraph: @@ -716,7 +698,7 @@ SEC. 1301. OFFICE OF THE NATIONAL TAXPAYER ADVOCATE. ``(A) the Commissioner or a Deputy Commissioner shall modify, rescind, or ensure compliance with such directive not later than 90 days after the issuance of - such directive, and + such directive; and ``(B) in the case of any directive which is modified or rescinded by a Deputy Commissioner, the National Taxpayer Advocate may (not later than 90 days @@ -850,16 +832,16 @@ and members of underserved populations. under the applicable Office of Management and Budget circular, including-- ``(i) wages or salaries of persons - coordinating the activities of the program, + coordinating the activities of the program; ``(ii) developing training materials, conducting training, and performing quality reviews of the returns prepared under the - program, - ``(iii) equipment purchases, and + program; + ``(iii) equipment purchases; and ``(iv) vehicle-related expenses associated - with remote or rural tax preparation services, + with remote or rural tax preparation services; ``(B) outreach and educational activities described - in subsection (c)(2)(B), and + in subsection (c)(2)(B); and ``(C) services related to financial education and capability, asset development, and the establishment of savings accounts in connection with tax return @@ -869,8 +851,8 @@ and members of underserved populations. for-dollar basis for all grants provided under this section. Matching funds may include-- ``(A) the salary (including fringe benefits) of - individuals performing services for the program, - ``(B) the cost of equipment used in the program, + individuals performing services for the program; + ``(B) the cost of equipment used in the program; and ``(C) other ordinary and necessary costs associated with the program. @@ -887,11 +869,11 @@ and members of underserved populations. demonstrate-- ``(A) assistance to applicable taxpayers, with emphasis on outreach to, and services for, such - taxpayers, + taxpayers; ``(B) taxpayer outreach and educational activities relating to eligibility and availability of income supports available through this title, including the - earned income tax credit, and + earned income tax credit; and ``(C) specific outreach and focus on one or more underserved populations. ``(3) Amounts taken into account.--In determining matching @@ -905,19 +887,19 @@ and members of underserved populations. program is operating under a grant under this section, periodic site visits-- ``(A) to ensure the program is carrying out the - purposes of this section, and + purposes of this section; and ``(B) to determine whether the program meets such program adherence standards as the Secretary shall by regulation or other guidance prescribe. ``(2) Additional requirements for grant recipients not meeting program adherence standards.--In the case of any qualified return preparation program which-- - ``(A) is awarded a grant under this section, and + ``(A) is awarded a grant under this secti;n, and ``(B) is subsequently determined-- ``(i) not to meet the program adherence - standards described in paragraph (1)(B), or + standards described in paragraph (1)(B); or ``(ii) not to be otherwise carrying out the - purposes of this section, + purposes of this section; such program shall not be eligible for any additional grants under this section unless such program provides sufficient documentation of corrective measures established to address any @@ -927,22 +909,22 @@ and members of underserved populations. `qualified return preparation program' means any program-- ``(A) which provides assistance to individuals, not less than 90 percent of whom are applicable taxpayers, - in preparing and filing Federal income tax returns, - ``(B) which is administered by a qualified entity, + in preparing and filing Federal income tax returns; + ``(B) which is administered by a qualified entity; ``(C) in which all volunteers who assist in the preparation of Federal income tax returns meet the - training requirements prescribed by the Secretary, and + training requirements prescribed by the Secretary; and ``(D) which uses a quality review process which reviews 100 percent of all returns. ``(2) Qualified entity.-- ``(A) In general.--The term `qualified entity' means any entity which-- - ``(i) is an eligible organization, + ``(i) is an eligible organization; ``(ii) is in compliance with Federal tax - filing and payment requirements, + filing and payment requirements; ``(iii) is not debarred or suspended from Federal contracts, grants, or cooperative - agreements, and + agreements; and ``(iv) agrees to provide documentation to substantiate any matching funds provided pursuant to the grant program under this @@ -956,14 +938,14 @@ and members of underserved populations. effect on the date of the enactment of this section, and which has not been disqualified from participating in a program under title IV - of such Act, + of such Act; ``(ii) an organization described in section 501(c) and exempt from tax under section - 501(a), + 501(a); ``(iii) a local government agency, including-- ``(I) a county or municipal - government agency, and + government agency; and ``(II) an Indian tribe, as defined in section 4(13) of the Native American Housing Assistance and Self- @@ -973,17 +955,17 @@ and members of underserved populations. in section 4(22) of such Act (25 U.S.C. 4103(22))), tribal subsidiary, subdivision, or other wholly owned - tribal entity, + tribal entity; ``(iv) a local, State, regional, or national coalition (with one lead organization which meets the eligibility requirements of clause (i), (ii), or (iii) acting as the - applicant organization), or + applicant organization); or ``(v) in the case of applicable taxpayers and members of underserved populations with respect to which no organizations described in the preceding clauses are available-- - ``(I) a State government agency, or + ``(I) a State government agency; or ``(II) an office providing Cooperative Extension services (as established at the land-grant colleges @@ -1022,7 +1004,7 @@ and members of underserved populations. ``(A) advise taxpayers of the availability of, and eligibility requirements for receiving, advice and assistance from qualified low-income taxpayer clinics - receiving funding under section 7526, and + receiving funding under section 7526; and ``(B) provide information regarding the location of, and contact information for, such clinics.''. (b) Clerical Amendment.--The table of sections for chapter 77 is @@ -1044,7 +1026,7 @@ the following new paragraph: eligibility requirements for receiving, advice and assistance from one or more specific qualified low- income taxpayer clinics receiving funding under this - section, and + section; and ``(B) provide information regarding the location of, and contact information for, such clinics.''. (b) Effective Date.--The amendment made by this section shall take @@ -1118,7 +1100,7 @@ SEC. 1405. WHISTLEBLOWER REFORMS. upon a written request by such individual-- ``(I) information on the status and stage of any investigation or action - related to such information, and + related to such information; and ``(II) in the case of a determination of the amount of any award under section 7623(b), the @@ -1169,7 +1151,7 @@ adding at the end the following new subsection: United States Congress, a person with supervisory authority over the employee, or any other person working for the employer who has the authority to - investigate, discover, or terminate misconduct, or + investigate, discover, or terminate misconduct; or ``(B) to testify, participate in, or otherwise assist in any administrative or judicial action taken by the Internal Revenue Service relating to an alleged @@ -1181,7 +1163,7 @@ adding at the end the following new subsection: or other reprisal by any person in violation of paragraph (1) may seek relief under paragraph (3) by-- ``(i) filing a complaint with the Secretary - of Labor, or + of Labor; or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing @@ -1211,7 +1193,7 @@ adding at the end the following new subsection: `behavior described in paragraphs (1) through (4) of subsection (a)' each place it appears in paragraph (2)(B) - thereof, and + thereof; and ``(II) `a violation of paragraph (1)' shall be substituted for `a violation of subsection (a)' each place @@ -1231,10 +1213,10 @@ adding at the end the following new subsection: under subparagraph (A) shall include-- ``(i) reinstatement with the same seniority status that the employee would have had, but - for the reprisal, + for the reprisal; ``(ii) the sum of 200 percent of the amount of back pay and 100 percent of all lost - benefits, with interest, and + benefits, with interest; and ``(iii) compensation for any special damages sustained as a result of the reprisal, including litigation costs, expert witness @@ -1350,7 +1332,7 @@ identity theft tax refund fraud. with respect to the information sharing and analysis center described in section 2003(a) of the Taxpayer First - Act of 2019, and + Act of 2019; and ``(II) any person subject to the requirements of section 7216 and which is a participant in such information @@ -1380,14 +1362,14 @@ identity theft tax refund fraud. electronic filing characteristics of such return as the Secretary may identify for purposes of this - subclause, and + subclause; and ``(II) in the case of such return prepared by a tax return preparer, identifying information with respect to such tax return preparer, including the preparer taxpayer identification number and electronic filer identification - number of such preparer, + number of such preparer; ``(ii) in the case of a return which is in connection with a case of a identity theft refund fraud which has been confirmed by the @@ -1398,7 +1380,7 @@ identity theft tax refund fraud. identification number of the taxpayer as it appears on the return, and any bank account and routing information provided for making a - refund in connection with such return, and + refund in connection with such return; and ``(iii) in the case of any cybersecurity threat to the Internal Revenue Service, information similar to the information @@ -1413,11 +1395,11 @@ identity theft tax refund fraud. in-- ``(I) performing the function such person is designated to perform under - such subparagraph, + such subparagraph; ``(II) facilitating disclosures authorized under subparagraph (A) to persons described in subparagraph - (B)(i)(II), and + (B)(i)(II); and ``(III) facilitating disclosures authorized under subsection (d) to participants in such information @@ -1442,10 +1424,10 @@ identity theft tax refund fraud. Administration.''. (2) Application of civil and criminal penalties.-- (A) Section 6103(a)(3), as amended by this Act, is - amended by striking ``or (13)'' and inserting ``(13), + amended by striking ``or (13)'' and inserting ``, (13), or (14)''. (B) Section 7213(a)(2), as amended by this Act, is - amended by striking ``or (13)'' and inserting ``(13), + amended by striking ``or (13)'' and inserting ``, (13), or (14)''. SEC. 2004. COMPLIANCE BY CONTRACTORS WITH CONFIDENTIALITY SAFEGUARDS. @@ -1461,16 +1443,16 @@ the following new paragraph: such contractor or other agent which would have access to returns or return information to provide safeguards (within the meaning of paragraph (4)) to protect the - confidentiality of such returns or return information, + confidentiality of such returns or return information; ``(B) agrees to conduct an on-site review every 3 years (or a mid-point review in the case of contracts or agreements of less than 3 years in duration) of each contractor or other agent to determine compliance with - such requirements, + such requirements; ``(C) submits the findings of the most recent review conducted under subparagraph (B) to the Secretary as part of the report required by paragraph - (4)(E), and + (4)(E); and ``(D) certifies to the Secretary for the most recent annual period that such contractor or other agent is in compliance with all such requirements. @@ -1486,29 +1468,7 @@ inserting ``or paragraph (9)'' after ``subparagraph (A)''. (c) Effective Date.--The amendments made by this section shall apply to disclosures made after December 31, 2022. -SEC. 2005. REPORT ON ELECTRONIC PAYMENTS. - - Not later than 2 years after the date of the enactment of this Act, -the Secretary of the Treasury (or the Secretary's delegate), in -coordination with the Bureau of Fiscal Service and the Internal Revenue -Service, and in consultation with private sector financial -institutions, shall submit a written report to Congress describing how -the government can utilize new payment platforms to increase the number -of tax refunds paid by electronic funds transfer. Such report shall -weigh the interests of reducing identity theft tax refund fraud, -reducing the Federal Government's costs in delivering tax refunds, the -costs and any associated fees charged to taxpayers (including monthly -and point-of-service fees) to access their tax refunds, the impact on -individuals who do not have access to financial accounts or -institutions, and ensuring payments are made to accounts at a financial -institution that complies with section 21 of the Federal Deposit -Insurance Act, chapter 2 of title I of Public Law 91-508, and -subchapter II of chapter 53 of title 31, United States Code (commonly -referred to collectively as the ``Bank Secrecy Act'') and the USA -PATRIOT Act. Such report shall include any legislative recommendations -necessary to accomplish these goals. - -SEC. 2006. IDENTITY PROTECTION PERSONAL IDENTIFICATION NUMBERS. +SEC. 2005. IDENTITY PROTECTION PERSONAL IDENTIFICATION NUMBERS. (a) In General.--Subject to subsection (b), the Secretary of the Treasury or the Secretary's delegate (hereafter referred to in this @@ -1532,7 +1492,7 @@ identity. ensure that the program described in subsection (a) is made available to any individual residing in the United States. -SEC. 2007. SINGLE POINT OF CONTACT FOR TAX-RELATED IDENTITY THEFT +SEC. 2006. SINGLE POINT OF CONTACT FOR TAX-RELATED IDENTITY THEFT VICTIMS. (a) In General.--The Secretary of the Treasury (or the Secretary's @@ -1559,7 +1519,7 @@ to resolve case issues as quickly as possible. and (B) notify the taxpayer when appropriate. -SEC. 2008. NOTIFICATION OF SUSPECTED IDENTITY THEFT. +SEC. 2007. NOTIFICATION OF SUSPECTED IDENTITY THEFT. (a) In General.--Chapter 77 is amended by adding at the end the following new section: @@ -1571,29 +1531,29 @@ or may have been an unauthorized use of the identity of any individual, the Secretary shall, without jeopardizing an investigation relating to tax administration-- ``(1) as soon as practicable-- - ``(A) notify the individual of such determination, + ``(A) notify the individual of such determination; ``(B) provide instructions on how to file a report - with law enforcement regarding the unauthorized use, + with law enforcement regarding the unauthorized use; ``(C) identify any steps to be taken by the individual to permit law enforcement to access personal - information of the individual during the investigation, + information of the individual during the investigation; ``(D) provide information regarding actions the individual may take in order to protect the individual - from harm relating to the unauthorized use, and + from harm relating to the unauthorized use; and ``(E) offer identity protection measures to the individual, such as the use of an identity protection - personal identification number, and + personal identification number; and ``(2) at the time the information described in paragraph (1) is provided (or, if not available at such time, as soon as practicable thereafter), issue additional notifications to such individual (or such individual's designee) regarding-- ``(A) whether an investigation has been initiated - in regards to such unauthorized use, + in regards to such unauthorized use; ``(B) whether the investigation substantiated an - unauthorized use of the identity of the individual, and + unauthorized use of the identity of the individual; and ``(C) whether-- ``(i) any action has been taken against a - person relating to such unauthorized use, or + person relating to such unauthorized use; or ``(ii) any referral has been made for criminal prosecution of such person and, to the extent such information is available, whether @@ -1612,10 +1572,10 @@ tax administration-- ``(A) obtained from a statement described in section 6051 or an information return relating to compensation for services rendered other than as an - employee, or + employee; or ``(B) provided to the Internal Revenue Service by the Social Security Administration regarding any - statement described in section 6051, + statement described in section 6051; which indicates that the social security account number provided on such statement or information return does not correspond with the name provided on such statement or @@ -1643,12 +1603,12 @@ tax administration-- the Commissioner of Social Security related to the amounts of wages paid to, and the amounts of self-employment income derived by, individuals.''. - (3) Underreporting of income.--The Secretary (or the - Secretary's delegate) shall establish procedures to ensure that - income reported in connection with the unauthorized use of a - taxpayer's identity is not taken into account in determining - any penalty for underreporting of income by the victim of - identity theft. + (3) Underreporting of income.--The Secretary of the + Treasury (or the Secretary's delegate) shall establish + procedures to ensure that income reported in connection with + the unauthorized use of a taxpayer's identity is not taken into + account in determining any penalty for underreporting of income + by the victim of identity theft. (c) Clerical Amendment.--The table of sections for chapter 77 is amended by adding at the end the following new item: @@ -1657,14 +1617,15 @@ amended by adding at the end the following new item: apply to determinations made after the date that is 6 months after the date of the enactment of this Act. -SEC. 2009. GUIDELINES FOR STOLEN IDENTITY REFUND FRAUD CASES. +SEC. 2008. GUIDELINES FOR STOLEN IDENTITY REFUND FRAUD CASES. (a) In General.--Not later than 1 year after the date of the -enactment of this Act, the Secretary (or the Secretary's delegate), in -consultation with the National Taxpayer Advocate, shall develop and -implement publicly available guidelines for management of cases -involving stolen identity refund fraud in a manner that reduces the -administrative burden on taxpayers who are victims of such fraud. +enactment of this Act, the Secretary of the Treasury (or the +Secretary's delegate), in consultation with the National Taxpayer +Advocate, shall develop and implement publicly available guidelines for +management of cases involving stolen identity refund fraud in a manner +that reduces the administrative burden on taxpayers who are victims of +such fraud. (b) Standards and Procedures To Be Considered.--The guidelines described in subsection (a) may include-- (1) standards for-- @@ -1687,7 +1648,7 @@ described in subsection (a) may include-- evaluating such procedures and determining whether such standards have been successfully implemented. -SEC. 2010. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF +SEC. 2009. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF INFORMATION BY PREPARERS OF RETURNS. (a) In General.--Section 6713 is amended-- @@ -1703,7 +1664,7 @@ Identity Theft.-- taxpayer identity (as defined in section 6103(b)(6)), whether or not such crime involves any tax filing, subsection (a) shall be applied-- - ``(A) by substituting `$1,000' for `$250', and + ``(A) by substituting `$1,000' for `$250'; and ``(B) by substituting `$50,000' for `$10,000'. ``(2) Separate application of total penalty limitation.-- The limitation on the total amount of the penalty under @@ -1743,20 +1704,20 @@ amended by adding at the end the following new subsection: shall-- ``(A) be responsible for the development, implementation, and maintenance of information - technology for the Internal Revenue Service, + technology for the Internal Revenue Service; ``(B) ensure that the information technology of the - Internal Revenue Service is secure and integrated, + Internal Revenue Service is secure and integrated; ``(C) maintain operational control of all information technology for the Internal Revenue - Service, + Service; ``(D) be the principal advocate for the information - technology needs of the Internal Revenue Service, and + technology needs of the Internal Revenue Service; and ``(E) consult with the Chief Procurement Officer of the Internal Revenue Service to ensure that the information technology acquired for the Internal Revenue Service is consistent with-- ``(i) the goals and requirements specified - in subparagraphs (A) through (D), and + in subparagraphs (A) through (D); and ``(ii) the strategic plan developed under paragraph (4). ``(4) Strategic plan.-- @@ -1766,15 +1727,15 @@ amended by adding at the end the following new subsection: Service. Such plan shall-- ``(i) include performance measurements of such technology and of the implementation of - such plan, + such plan; ``(ii) include a plan for an integrated enterprise architecture of the information - technology of the Internal Revenue Service, + technology of the Internal Revenue Service; ``(iii) include and take into account the - resources needed to accomplish such plan, + resources needed to accomplish such plan; ``(iv) take into account planned major acquisitions of information technology by the - Internal Revenue Service, and + Internal Revenue Service; and ``(v) align with the needs and strategic plan of the Internal Revenue Service. ``(B) Plan updates.--The IRS CIO shall, not less @@ -1793,9 +1754,9 @@ amended by adding at the end the following new subsection: this subsection to the Internal Revenue Service includes a reference to all components of the Internal Revenue Service, including-- - ``(i) the Office of the Taxpayer Advocate, + ``(i) the Office of the Taxpayer Advocate; ``(ii) the Criminal Investigation Division - of the Internal Revenue Service, and + of the Internal Revenue Service; and ``(iii) except as otherwise provided by the Secretary with respect to information technology related to matters described in @@ -1837,7 +1798,7 @@ Internal Revenue Service.-- notification to the Internal Revenue Service Chief Information Officer (hereafter referred to in this subsection as the ``IRS CIO'') of each such acquisition - in advance of such acquisition, and + in advance of such acquisition; and (B) regularly consult with the IRS CIO regarding acquisitions of information technology for the Internal Revenue Service, including meeting with the IRS CIO @@ -1862,7 +1823,7 @@ SEC. 2102. INTERNET PLATFORM FOR FORM 1099 FILINGS. (a) In General.--Not later than January 1, 2023, the Secretary of the Treasury or the Secretary's delegate (hereafter referred to in this -section as the ``Secretary'') shall make available an internet website +section as the ``Secretary'') shall make available an Internet website or other electronic media, with a user interface and functionality similar to the Business Services Online Suite of Services provided by the Social Security Administration, that provides access to resources @@ -1900,23 +1861,23 @@ Revenue Service-- on the date of the enactment of section 7812 of the Internal Revenue Code of 1986, and ending on September 30, 2025' for `Before September 30, 2013 in subsection - (a)', + (a)'; ``(B) without regard to subparagraph (B) of - subsection (a)(1), and + subsection (a)(1); and ``(C) by substituting `the date of the enactment of the Taxpayer First Act of 2019' for `June 1, 1998' in - subsection (a)(6), + subsection (a)(6); ``(2) section 9504 of such title 5 shall be applied by substituting `During the period beginning on the date of the enactment of section 7812 of the Internal Revenue Code of 1986, and ending on September 30, 2025' for `Before September 30, - 2013' each place it appears in subsections (a) and (b), and + 2013' each place it appears in subsections (a) and (b); and ``(3) section 9505 of such title shall be applied-- ``(A) by substituting `During the period beginning on the date of the enactment of section 7812 of the Internal Revenue Code of 1986, and ending on September 30, 2025' for `Before September 30, 2013' in subsection - (a), and + (a); and ``(B) by substituting `the information technology operations' for `significant functions' in subsection (a).''. @@ -1937,7 +1898,7 @@ Treasury or the Secretary's delegate (hereafter referred to in this section as the ``Secretary'') shall implement a program to ensure that any qualified disclosure-- (1) is fully automated and accomplished through the - internet; and + Internet; and (2) is accomplished in as close to real-time as is practicable. (b) Qualified Disclosure.--For purposes of this section, the term @@ -1995,9 +1956,9 @@ paragraph (5) and inserting the following new paragraphs: (2)(A), the applicable number shall be-- ``(i) except as provided in subparagraph (B), in the case of calendar years before 2021, - 250, + 250; ``(ii) in the case of calendar year 2021, - 100, and + 100; and ``(iii) in the case of calendar years after 2021, 10. ``(B) Special rule for partnerships for 2018, 2019, @@ -2005,11 +1966,11 @@ paragraph (5) and inserting the following new paragraphs: calendar year before 2022, the applicable number shall be-- ``(i) in the case of calendar year 2018, - 200, + 200; ``(ii) in the case of calendar year 2019, - 150, + 150; ``(iii) in the case of calendar year 2020, - 100, and + 100; and ``(iv) in the case of calendar year 2021, 50. ``(6) Partnerships required to file on magnetic media.-- @@ -2213,26 +2174,22 @@ SEC. 3102. NOTICE REQUIRED BEFORE REVOCATION OF TAX-EXEMPT STATUS FOR (a) In General.--Section 6033(j)(1) is amended by striking ``If an organization'' and inserting the following: - ``(A) Notice.-- - ``(i) In general.--If an organization - described in subsection (a)(1) or (i) fails to - file the annual return or notice required under - either subsection for 2 consecutive years, the - Secretary shall notify the organization-- - ``(I) that the Internal Revenue - Service has no record of such a return - or notice from such organization for 2 - consecutive years, and - ``(II) about the revocation that - will occur under subparagraph (B) if - the organization fails to file such a - return or notice by the due date for - the next such return or notice required - to be filed. - The notification under the preceding sentence - shall include information about how to comply - with the filing requirements under subsection - (a)(1) and (i). + ``(A) Notice.--If an organization described in + subsection (a)(1) or (i) fails to file the annual + return or notice required under either subsection for 2 + consecutive years, the Secretary shall notify the + organization-- + ``(i) that the Internal Revenue Service has + no record of such a return or notice from such + organization for 2 consecutive years, and + ``(ii) about the revocation that will occur + under subparagraph (B) if the organization + fails to file such a return or notice by the + due date for the next such return or notice + required to be filed. + The notification under the preceding sentence shall + include information about how to comply with the filing + requirements under subsections (a)(1) and (i). ``(B) Revocation.--If an organization''. (b) Effective Date.--The amendment made by this section shall apply to failures to file returns or notices for 2 consecutive years if the @@ -2246,9 +2203,37 @@ SEC. 3201. INCREASE IN PENALTY FOR FAILURE TO FILE. (a) In General.--The second sentence of subsection (a) of section 6651 is amended by striking ``$205'' and inserting ``$330''. (b) Inflation Adjustment.--Section 6651(j)(1) is amended-- - (1) by striking ``2014'' and inserting ``2020'', - (2) by striking ``$205'' and inserting ``$330'', and + (1) by striking ``2014'' and inserting ``2020''; + (2) by striking ``$205'' and inserting ``$330''; and (3) by striking ``2013'' and inserting ``2019''. - (c) Effective Date.--The amendments made by this subsection shall + (c) Effective Date.--The amendments made by this section shall apply to returns required to be filed after December 31, 2019. - \ No newline at end of file + + TITLE IV--BUDGETARY EFFECTS + +SEC. 4001. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives April 9, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1957 + +_______________________________________________________________________ + + AN ACT + +To amend the Internal Revenue Code of 1986 to modernize and improve the + Internal Revenue Service, and for other purposes. From 401e825e59612cc5314599e1b672d42ea810d382 Mon Sep 17 00:00:00 2001 From: "Rep. Lewis, John [D-GA-5]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 207/984] House-1957: Enrolled --- bills_text/House-1957.txt | 2508 +++++-------------------------------- 1 file changed, 285 insertions(+), 2223 deletions(-) diff --git a/bills_text/House-1957.txt b/bills_text/House-1957.txt index 13426c9..fc3be2e 100644 --- a/bills_text/House-1957.txt +++ b/bills_text/House-1957.txt @@ -1,2239 +1,301 @@ -116th CONGRESS - 1st Session - H. R. 1957 + H.R.1957 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + United States of America - -To amend the Internal Revenue Code of 1986 to modernize and improve the - Internal Revenue Service, and for other purposes. - - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, - -SECTION 1. SHORT TITLE; ETC. - - (a) Short Title.--This Act may be cited as the ``Taxpayer First Act -of 2019''. - (b) Amendment of 1986 Code.--Except as otherwise expressly -provided, whenever in this Act an amendment or repeal is expressed in -terms of an amendment to, or repeal of, a section or other provision, -the reference shall be considered to be made to a section or other -provision of the Internal Revenue Code of 1986. - (c) Table of Contents.--The table of contents for this Act is as -follows: - -Sec. 1. Short title; etc. - TITLE I--PUTTING TAXPAYERS FIRST - - Subtitle A--Independent Appeals Process - -Sec. 1001. Establishment of Internal Revenue Service Independent Office - of Appeals. - Subtitle B--Improved Service - -Sec. 1101. Comprehensive customer service strategy. -Sec. 1102. IRS Free File Program. -Sec. 1103. Low-income exception for payments otherwise required in - connection with a submission of an offer- - in-compromise. - Subtitle C--Sensible Enforcement - -Sec. 1201. Internal Revenue Service seizure requirements with respect - to structuring transactions. -Sec. 1202. Exclusion of interest received in action to recover property - seized by the Internal Revenue Service - based on structuring transaction. -Sec. 1203. Clarification of equitable relief from joint liability. -Sec. 1204. Modification of procedures for issuance of third-party - summons. -Sec. 1205. Private debt collection and special compliance personnel - program. -Sec. 1206. Reform of notice of contact of third parties. -Sec. 1207. Modification of authority to issue designated summons. -Sec. 1208. Limitation on access of non-Internal Revenue Service - employees to returns and return - information. - Subtitle D--Organizational Modernization - -Sec. 1301. Office of the National Taxpayer Advocate. -Sec. 1302. Modernization of Internal Revenue Service organizational - structure. - Subtitle E--Other Provisions - -Sec. 1401. Return preparation programs for applicable taxpayers. -Sec. 1402. Provision of information regarding low-income taxpayer - clinics. -Sec. 1403. Notice from IRS regarding closure of taxpayer assistance - centers. -Sec. 1404. Rules for seizure and sale of perishable goods restricted to - only perishable goods. -Sec. 1405. Whistleblower reforms. -Sec. 1406. Customer service information. -Sec. 1407. Misdirected tax refund deposits. - TITLE II--21ST CENTURY IRS - - Subtitle A--Cybersecurity and Identity Protection - -Sec. 2001. Public-private partnership to address identity theft refund - fraud. -Sec. 2002. Recommendations of Electronic Tax Administration Advisory - Committee regarding identity theft refund - fraud. -Sec. 2003. Information sharing and analysis center. -Sec. 2004. Compliance by contractors with confidentiality safeguards. -Sec. 2005. Identity protection personal identification numbers. -Sec. 2006. Single point of contact for tax-related identity theft - victims. -Sec. 2007. Notification of suspected identity theft. -Sec. 2008. Guidelines for stolen identity refund fraud cases. -Sec. 2009. Increased penalty for improper disclosure or use of - information by preparers of returns. - Subtitle B--Development of Information Technology - -Sec. 2101. Management of Internal Revenue Service information - technology. -Sec. 2102. Internet platform for Form 1099 filings. -Sec. 2103. Streamlined critical pay authority for information - technology positions. - Subtitle C--Modernization of Consent-Based Income Verification System - -Sec. 2201. Disclosure of taxpayer information for third-party income - verification. -Sec. 2202. Limit redisclosures and uses of consent-based disclosures of - tax return information. - Subtitle D--Expanded Use of Electronic Systems - -Sec. 2301. Electronic filing of returns. -Sec. 2302. Uniform standards for the use of electronic signatures for - disclosure authorizations to, and other - authorizations of, practitioners. -Sec. 2303. Payment of taxes by debit and credit cards. -Sec. 2304. Authentication of users of electronic services accounts. - Subtitle E--Other Provisions - -Sec. 2401. Repeal of provision regarding certain tax compliance - procedures and reports. -Sec. 2402. Comprehensive training strategy. - TITLE III--MISCELLANEOUS PROVISIONS -Subtitle A--Reform of Laws Governing Internal Revenue Service Employees + AT THE SECOND SESSION -Sec. 3001. Prohibition on rehiring any employee of the Internal Revenue - Service who was involuntarily separated - from service for misconduct. -Sec. 3002. Notification of unauthorized inspection or disclosure of - returns and return information. - Subtitle B--Provisions Relating to Exempt Organizations + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -Sec. 3101. Mandatory e-filing by exempt organizations. -Sec. 3102. Notice required before revocation of tax-exempt status for - failure to file return. - Subtitle C--Revenue Provision -Sec. 3201. Increase in penalty for failure to file. - TITLE IV--BUDGETARY EFFECTS + An Act -Sec. 4001. Determination of budgetary effects. - TITLE I--PUTTING TAXPAYERS FIRST - - Subtitle A--Independent Appeals Process - -SEC. 1001. ESTABLISHMENT OF INTERNAL REVENUE SERVICE INDEPENDENT OFFICE - OF APPEALS. + + To amend title 54, United States Code, to establish, fund, and provide + for the use of amounts in a National Parks and Public Land Legacy +Restoration Fund to address the maintenance backlog of the National Park +Service, the United States Fish and Wildlife Service, the Bureau of Land +Management, the Forest Service, and the Bureau of Indian Education, and + to provide permanent, dedicated funding for the Land and Water + Conservation Fund, and for other purposes. - (a) In General.--Section 7803 is amended by adding at the end the -following new subsection: - ``(e) Independent Office of Appeals.-- - ``(1) Establishment.--There is established in the Internal - Revenue Service an office to be known as the `Internal Revenue - Service Independent Office of Appeals'. - ``(2) Chief of appeals.-- - ``(A) In general.--The Internal Revenue Service - Independent Office of Appeals shall be under the - supervision and direction of an official to be known as - the `Chief of Appeals'. The Chief of Appeals shall - report directly to the Commissioner of Internal Revenue - and shall be entitled to compensation at the same rate - as the highest rate of basic pay established for the - Senior Executive Service under section 5382 of title 5, - United States Code. - ``(B) Appointment.--The Chief of Appeals shall be - appointed by the Commissioner of Internal Revenue - without regard to the provisions of title 5, United - States Code, relating to appointments in the - competitive service or the Senior Executive Service. - ``(C) Qualifications.--An individual appointed - under subparagraph (B) shall have experience and - expertise in-- - ``(i) administration of, and compliance - with, Federal tax laws; - ``(ii) a broad range of compliance cases; - and - ``(iii) management of large service - organizations. - ``(3) Purposes and duties of office.--It shall be the - function of the Internal Revenue Service Independent Office of - Appeals to resolve Federal tax controversies without litigation - on a basis which-- - ``(A) is fair and impartial to both the Government - and the taxpayer; - ``(B) promotes a consistent application and - interpretation of, and voluntary compliance with, the - Federal tax laws; and - ``(C) enhances public confidence in the integrity - and efficiency of the Internal Revenue Service. - ``(4) Right of appeal.--The resolution process described in - paragraph (3) shall be generally available to all taxpayers. - ``(5) Limitation on designation of cases as not eligible - for referral to independent office of appeals.-- - ``(A) In general.--If any taxpayer which is in - receipt of a notice of deficiency authorized under - section 6212 requests referral to the Internal Revenue - Service Independent Office of Appeals and such request - is denied, the Commissioner of Internal Revenue shall - provide such taxpayer a written notice which-- - ``(i) provides a detailed description of - the facts involved, the basis for the decision - to deny the request, and a detailed explanation - of how the basis of such decision applies to - such facts; and - ``(ii) describes the procedures prescribed - under subparagraph (C) for protesting the - decision to deny the request. - ``(B) Report to congress.--The Commissioner of - Internal Revenue shall submit a written report to - Congress on an annual basis which includes the number - of requests described in subparagraph (A) which were - denied and the reasons (described by category) that - such requests were denied. - ``(C) Procedures for protesting denial of - request.--The Commissioner of Internal Revenue shall - prescribe procedures for protesting to the Commissioner - of Internal Revenue a denial of a request described in - subparagraph (A). - ``(D) Not applicable to frivolous positions.--This - paragraph shall not apply to a request for referral to - the Internal Revenue Service Independent Office of - Appeals which is denied on the basis that the issue - involved is a frivolous position (within the meaning of - section 6702(c)). - ``(6) Staff.-- - ``(A) In general.--All personnel in the Internal - Revenue Service Independent Office of Appeals shall - report to the Chief of Appeals. - ``(B) Access to staff of office of the chief - counsel.--The Chief of Appeals shall have authority to - obtain legal assistance and advice from the staff of - the Office of the Chief Counsel. The Chief Counsel - shall ensure, to the extent practicable, that such - assistance and advice is provided by staff of the - Office of the Chief Counsel who were not involved in - the case with respect to which such assistance and - advice is sought and who are not involved in preparing - such case for litigation. - ``(7) Access to case files.-- - ``(A) In general.--In any case in which a - conference with the Internal Revenue Service - Independent Office of Appeals has been scheduled upon - request of a specified taxpayer, the Chief of Appeals - shall ensure that such taxpayer is provided access to - the nonprivileged portions of the case file on record - regarding the disputed issues (other than documents - provided by the taxpayer to the Internal Revenue - Service) not later than 10 days before the date of such - conference. - ``(B) Taxpayer election to expedite conference.--If - the taxpayer so elects, subparagraph (A) shall be - applied by substituting `the date of such conference' - for `10 days before the date of such conference'. - ``(C) Specified taxpayer.--For purposes of this - paragraph-- - ``(i) In general.--The term `specified - taxpayer' means-- - ``(I) in the case of any taxpayer - who is a natural person, a taxpayer - whose adjusted gross income does not - exceed $400,000 for the taxable year to - which the dispute relates; and - ``(II) in the case of any other - taxpayer, a taxpayer whose gross - receipts do not exceed $5,000,000 for - the taxable year to which the dispute - relates. - ``(ii) Aggregation rule.--Rules similar to - the rules of section 448(c)(2) shall apply for - purposes of clause (i)(II).''. + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, +SECTION 1. SHORT TITLE. + This Act may be cited as the ``Great American Outdoors Act''. +SEC. 2. NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND. + (a) In General.--Subtitle II of title 54, United States Code, is +amended by inserting after chapter 2003 the following: + + ``CHAPTER 2004--NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND + +``Sec. +``200401. Definitions. +``200402. National Parks and Public Land Legacy Restoration Fund. + +``Sec. 200401. Definitions + ``In this chapter: + ``(1) Asset.--The term `asset' means any real property, + including any physical structure or grouping of structures, + landscape, trail, or other tangible property, that-- + ``(A) has a specific service or function; and + ``(B) is tracked and managed as a distinct, identifiable + entity by the applicable covered agency. + ``(2) Covered agency.--The term `covered agency' means-- + ``(A) the Service; + ``(B) the United States Fish and Wildlife Service; + ``(C) the Forest Service; + ``(D) the Bureau of Land Management; and + ``(E) the Bureau of Indian Education. + ``(3) Fund.--The term `Fund' means the National Parks and + Public Land Legacy Restoration Fund established by section + 200402(a). + ``(4) Project.--The term `project' means any activity to reduce + or eliminate deferred maintenance of an asset, which may include + resolving directly related infrastructure deficiencies of the asset + that would not by itself be classified as deferred maintenance. +``Sec. 200402. National Parks and Public Land Legacy Restoration Fund + ``(a) Establishment.--There is established in the Treasury of the +United States a fund to be known as the `National Parks and Public Land +Legacy Restoration Fund'. + ``(b) Deposits.-- + ``(1) In general.--Except as provided in paragraph (2), for + each of fiscal years 2021 through 2025, there shall be deposited in + the Fund an amount equal to 50 percent of all energy development + revenues due and payable to the United States from oil, gas, coal, + or alternative or renewable energy development on Federal land and + water credited, covered, or deposited as miscellaneous receipts + under Federal law in the preceding fiscal year. + ``(2) Maximum amount.--The amount deposited in the Fund under + paragraph (1) shall not exceed $1,900,000,000 for any fiscal year. + ``(3) Effect on other revenues.--Nothing in this section + affects the disposition of revenues that-- + ``(A) are due to the United States, special funds, trust + funds, or States from mineral and energy development on Federal + land and water; or + ``(B) have been otherwise appropriated-- + ``(i) under Federal law, including-- + + ``(I) the Gulf of Mexico Energy Security Act of + 2006 (43 U.S.C. 1331 note; Public Law 109-432); and + ``(II) the Mineral Leasing Act (30 U.S.C. 181 et + seq.); or + + ``(ii) from-- + + ``(I) the Land and Water Conservation Fund + established under chapter 2003; or + ``(II) the Historic Preservation Fund established + under chapter 3031. + + ``(c) Availability of Funds.--Amounts deposited in the Fund shall +be available to the Secretary and the Secretary of Agriculture, as +provided in subsection (e), without further appropriation or fiscal +year limitation. + ``(d) Investment of Amounts.-- + ``(1) In general.--The Secretary may request the Secretary of + the Treasury to invest any portion of the Fund that is not, as + determined by the Secretary, in consultation with the Secretary of + Agriculture, required to meet the current needs of the Fund. + ``(2) Requirement.--An investment requested under paragraph (1) + shall be made by the Secretary of the Treasury in a public debt + security-- + ``(A) with a maturity suitable to the needs of the Fund, as + determined by the Secretary; and + ``(B) bearing interest at a rate determined by the + Secretary of the Treasury, taking into consideration current + market yields on outstanding marketable obligations of the + United States of comparable maturity. + ``(3) Credits to fund.--The income on investments of the Fund + under this subsection shall be credited to, and form a part of, the + Fund. + ``(e) Use of Funds.-- + ``(1) In general.--Amounts deposited in the Fund for each + fiscal year shall be used for priority deferred maintenance + projects in the System, in the National Wildlife Refuge System, on + public land administered by the Bureau of Land Management, for the + Bureau of Indian Education schools, and in the National Forest + System, as follows: + ``(A) 70 percent of the amounts deposited in the Fund for + each fiscal year shall be allocated to the Service. + ``(B) 15 percent of the amounts deposited in the Fund for + each fiscal year shall be allocated to the Forest Service. + ``(C) 5 percent of the amounts deposited in the Fund for + each fiscal year shall be allocated to the United States Fish + and Wildlife Service. + ``(D) 5 percent of the amounts deposited in the Fund for + each fiscal year shall be allocated to the Bureau of Land + Management. + ``(E) 5 percent of the amounts deposited in the Fund for + each fiscal year shall be allocated to the Bureau of Indian + Education. + ``(2) Limitations.-- + ``(A) Non-transportation projects.--Over the term of the + Fund, within each covered agency, not less than 65 percent of + amounts from the Fund shall be allocated for non-transportation + projects. + ``(B) Transportation projects.--The amounts remaining in + the Fund after the allocations required under subparagraph (A) + may be allocated for transportation projects of the covered + agencies, including paved and unpaved roads, bridges, tunnels, + and paved parking areas. + ``(C) Plan.--Any priority deferred maintenance project + funded under this section shall be consistent with an + applicable transportation, deferred maintenance, or capital + improvement plan developed by the applicable covered agency. + ``(f) Prohibited Use of Funds.--No amounts in the Fund shall be +used-- + ``(1) for land acquisition; + ``(2) to supplant discretionary funding made available for + annually recurring facility operations, maintenance, and + construction needs; or + ``(3) for bonuses for employees of the Federal Government that + are carrying out this section. + ``(g) Submission of Priority List of Projects to Congress.--Not +later than 90 days after the date of enactment of this section, the +Secretary and the Secretary of Agriculture shall submit to the +Committees on Energy and Natural Resources and Appropriations of the +Senate and the Committees on Natural Resources and Appropriations of +the House of Representatives a list of projects to be funded for fiscal +year 2021 that-- + ``(1) are identified by the Secretary and the Secretary of + Agriculture as priority deferred maintenance projects; and + ``(2) as of the date of the submission of the list, are ready + to be implemented. + ``(h) Submission of Annual List of Projects to Congress.--Until the +date on which all of the amounts in the Fund are expended, the +President shall annually submit to Congress, together with the annual +budget of the United States, a list of projects to be funded from the +Fund that includes a detailed description of each project, including +the estimated expenditures from the Fund for the project for the +applicable fiscal year. + ``(i) Alternate Allocation.-- + ``(1) In general.--Appropriations Acts may provide for + alternate allocation of amounts made available under this section, + consistent with the allocations to covered agencies under + subsection (e)(1). + ``(2) Allocation by president.-- + ``(A) No alternate allocations.--If Congress has not + enacted legislation establishing alternate allocations by the + date on which the Act making full-year appropriations for the + Department of the Interior, Environment, and Related Agencies + for the applicable fiscal year is enacted into law, amounts + made available under subsection (c) shall be allocated by the + President. + ``(B) Insufficient alternate allocation.--If Congress + enacts legislation establishing alternate allocations for + amounts made available under subsection (c) that are less than + the full amount appropriated under that subsection, the + difference between the amount appropriated and the alternate + allocation shall be allocated by the President. + ``(j) Public Donations.-- + ``(1) In general.--The Secretary and the Secretary of + Agriculture may accept public cash or in-kind donations that + advance efforts-- + ``(A) to reduce the deferred maintenance backlog; and + ``(B) to encourage relevant public-private partnerships. + ``(2) Credits to fund.--Any cash donations accepted under + paragraph (1) shall be-- + ``(A) credited to, and form a part of, the Fund; and + ``(B) allocated to the covered agency for which the + donation was made. + ``(3) Other allocations.--Any donations allocated to a covered + agency under paragraph (2)(B) shall be allocated to the applicable + covered agency independently of the allocations under subsection + (e)(1). + ``(k) Required Consideration for Accessibility.--In expending +amounts from the Fund, the Secretary and the Secretary of Agriculture +shall incorporate measures to improve the accessibility of assets and +accommodate visitors and employees with disabilities in accordance with +applicable law.''. + (b) Clerical Amendment.--The table of chapters for subtitle II of +title 54, United States Code, is amended by inserting after the item +relating to chapter 2003 the following: + +``2004. National Parks and Public Land Legacy Restoration Fund200401''. + + (c) GAO Study.--Not later than 5 years after the date of enactment +of this Act, the Comptroller General of the United States shall-- + (1) conduct a study on the implementation of this section and + the amendments made by this section, including whether this section + and the amendments made by this section have effectively reduced + the priority deferred maintenance backlog of the covered agencies + (as that term is defined in section 200401 of title 54, United + States Code); and + (2) submit to Congress a report that describes the results of + the study under paragraph (1). +SEC. 3. PERMANENT FULL FUNDING OF THE LAND AND WATER CONSERVATION FUND. + (a) In General.--Section 200303 of title 54, United States Code, is +amended to read as follows: +``Sec. 200303. Availability of funds + ``(a) In General.--Any amounts deposited in the Fund under section +200302 for fiscal year 2020 and each fiscal year thereafter shall be +made available for expenditure for fiscal year 2021 and each fiscal +year thereafter, without further appropriation or fiscal year +limitation, to carry out the purposes of the Fund (including accounts +and programs made available from the Fund pursuant to the Further +Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat. +2534)). + ``(b) Additional Amounts.--Amounts made available under subsection +(a) shall be in addition to amounts made available to the Fund under +section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 +U.S.C. 1331 note; Public Law 109-432) or otherwise appropriated from +the Fund. + ``(c) Allocation Authority.-- + ``(1) Submission of cost estimates.--The President shall submit + to Congress detailed account, program, and project allocations of + the full amount made available under subsection (a)-- + ``(A) for fiscal year 2021, not later than 90 days after + the date of enactment of the Great American Outdoors Act; and + ``(B) for each fiscal year thereafter, as part of the + annual budget submission of the President. + ``(2) Alternate allocation.-- + ``(A) In general.--Appropriations Acts may provide for + alternate allocation of amounts made available under subsection + (a), including allocations by account, program, and project. + ``(B) Allocation by president.-- + ``(i) No alternate allocations.--If Congress has not + enacted legislation establishing alternate allocations by + the date on which the Act making full-year appropriations + for the Department of the Interior, Environment, and + Related Agencies for the applicable fiscal year is enacted + into law, amounts made available under subsection (a) shall + be allocated by the President. + ``(ii) Insufficient alternate allocation.--If Congress + enacts legislation establishing alternate allocations for + amounts made available under subsection (a) that are less + than the full amount appropriated under that subsection, + the difference between the amount appropriated and the + alternate allocation shall be allocated by the President. + ``(3) Recreational public access.--Amounts expended from the + Fund under this section shall be consistent with the requirements + for recreational public access for hunting, fishing, recreational + shooting, or other outdoor recreational purposes under section + 200306(c). + ``(4) Annual report.--The President shall submit to Congress an + annual report that describes the final allocation by account, + program, and project of amounts made available under subsection + (a), including a description of the status of obligations and + expenditures.''. (b) Conforming Amendments.-- - (1) The following provisions are each amended by striking - ``Internal Revenue Service Office of Appeals'' and inserting - ``Internal Revenue Service Independent Office of Appeals'': - (A) Section 6015(c)(4)(B)(ii)(I). - (B) Section 6320(b)(1). - (C) Subsections (b)(1) and (d)(3) of section 6330. - (D) Section 6603(d)(3)(B). - (E) Section 6621(c)(2)(A)(i). - (F) Section 7122(e)(2). - (G) Subsections (a), (b)(1), (b)(2), and (c)(1) of - section 7123. - (H) Subsections (c)(7)(B)(i) and (g)(2)(A) of - section 7430. - (I) Section 7522(b)(3). - (J) Section 7612(c)(2)(A). - (2) Section 7430(c)(2) is amended by striking ``Internal - Revenue Service Office of Appeals'' each place it appears and - inserting ``Internal Revenue Service Independent Office of - Appeals''. - (3) The heading of section 6330(d)(3) is amended by - inserting ``independent'' after ``irs''. - (c) Other References.--Any reference in any provision of law, or -regulation or other guidance, to the Internal Revenue Service Office of -Appeals shall be treated as a reference to the Internal Revenue Service -Independent Office of Appeals. - (d) Savings Provisions.--Rules similar to the rules of paragraphs -(2) through (6) of section 1001(b) of the Internal Revenue Service -Restructuring and Reform Act of 1998 shall apply for purposes of this -section (and the amendments made by this section). - (e) Effective Date.-- - (1) In general.--Except as otherwise provided in this - subsection, the amendments made by this section shall take - effect on the date of the enactment of this Act. - (2) Access to case files.--Section 7803(e)(7) of the - Internal Revenue Code of 1986, as added by subsection (a), - shall apply to conferences occurring after the date which is 1 - year after the date of the enactment of this Act. - - Subtitle B--Improved Service - -SEC. 1101. COMPREHENSIVE CUSTOMER SERVICE STRATEGY. - - (a) In General.--Not later than the date which is 1 year after the -date of the enactment of this Act, the Secretary of the Treasury (or -the Secretary's delegate) shall submit to Congress a written -comprehensive customer service strategy for the Internal Revenue -Service. Such strategy shall include-- - (1) a plan to provide assistance to taxpayers that is - secure, designed to meet reasonable taxpayer expectations, and - adopts appropriate best practices of customer service provided - in the private sector, including online services, telephone - call back services, and training of employees providing - customer services; - (2) a thorough assessment of the services that the Internal - Revenue Service can co-locate with other Federal services or - offer as self-service options; - (3) proposals to improve Internal Revenue Service customer - service in the short term (the current and following fiscal - year), medium term (approximately 3 to 5 fiscal years), and - long term (approximately 10 fiscal years); - (4) a plan to update guidance and training materials for - customer service employees of the Internal Revenue Service, - including the Internal Revenue Manual, to reflect such - strategy; and - (5) identified metrics and benchmarks for quantitatively - measuring the progress of the Internal Revenue Service in - implementing such strategy. - (b) Updated Guidance and Training Materials.--Not later than 2 -years after the date of the enactment of this Act, the Secretary of the -Treasury (or the Secretary's delegate) shall make available the updated -guidance and training materials described in subsection (a)(4) -(including the Internal Revenue Manual). Such updated guidance and -training materials (including the Internal Revenue Manual) shall be -written in a manner so as to be easily understood by customer service -employees of the Internal Revenue Service and shall provide clear -instructions. - -SEC. 1102. IRS FREE FILE PROGRAM. - - (a) In General.-- - (1) The Secretary of the Treasury, or the Secretary's - delegate, shall continue to operate the IRS Free File Program - as established by the Internal Revenue Service and published in - the Federal Register on November 4, 2002 (67 Fed. Reg. 67247), - including any subsequent agreements and governing rules - established pursuant thereto. - (2) The IRS Free File Program shall continue to provide - free commercial-type online individual income tax preparation - and electronic filing services to the lowest 70 percent of - taxpayers by adjusted gross income. The number of taxpayers - eligible to receive such services each year shall be calculated - by the Internal Revenue Service annually based on prior year - aggregate taxpayer adjusted gross income data. - (3) In addition to the services described in paragraph (2), - and in the same manner, the IRS Free File Program shall - continue to make available to all taxpayers (without regard to - income) a basic, online electronic fillable forms utility. - (4) The IRS Free File Program shall continue to work - cooperatively with the private sector to provide the free - individual income tax preparation and the electronic filing - services described in paragraphs (2) and (3). - (5) The IRS Free File Program shall work cooperatively with - State government agencies to enhance and expand the use of the - program to provide needed benefits to the taxpayer while - reducing the cost of processing returns. - (b) Innovations.--The Secretary of the Treasury, or the Secretary's -delegate, shall work with the private sector through the IRS Free File -Program to identify and implement, consistent with applicable law, -innovative new program features to improve and simplify the taxpayer's -experience with completing and filing individual income tax returns -through voluntary compliance. - -SEC. 1103. LOW-INCOME EXCEPTION FOR PAYMENTS OTHERWISE REQUIRED IN - CONNECTION WITH A SUBMISSION OF AN OFFER-IN-COMPROMISE. - - (a) In General.--Section 7122(c) is amended by adding at the end -the following new paragraph: - ``(3) Exception for low-income taxpayers.--Paragraph (1), - and any user fee otherwise required in connection with the - submission of an offer-in-compromise, shall not apply to any - offer-in-compromise with respect to a taxpayer who is an - individual with adjusted gross income, as determined for the - most recent taxable year for which such information is - available, which does not exceed 250 percent of the applicable - poverty level (as determined by the Secretary).''. - (b) Effective Date.--The amendment made by this section shall apply -to offers-in-compromise submitted after the date of the enactment of -this Act. - - Subtitle C--Sensible Enforcement - -SEC. 1201. INTERNAL REVENUE SERVICE SEIZURE REQUIREMENTS WITH RESPECT - TO STRUCTURING TRANSACTIONS. - - Section 5317(c)(2) of title 31, United States Code, is amended-- - (1) by striking ``Any property'' and inserting the - following: - ``(A) In general.--Any property''; and - (2) by adding at the end the following: - ``(B) Internal revenue service seizure requirements - with respect to structuring transactions.-- - ``(i) Property derived from an illegal - source.--Property may only be seized by the - Internal Revenue Service pursuant to - subparagraph (A) by reason of a claimed - violation of section 5324 if the property to be - seized was derived from an illegal source or - the funds were structured for the purpose of - concealing the violation of a criminal law or - regulation other than section 5324. - ``(ii) Notice.--Not later than 30 days - after property is seized by the Internal - Revenue Service pursuant to subparagraph (A), - the Internal Revenue Service shall-- - ``(I) make a good faith effort to - find all persons with an ownership - interest in such property; and - ``(II) provide each such person so - found with a notice of the seizure and - of the person's rights under clause - (iv). - ``(iii) Extension of notice under certain - circumstances.--The Internal Revenue Service - may apply to a court of competent jurisdiction - for one 30-day extension of the notice - requirement under clause (ii) if the Internal - Revenue Service can establish probable cause of - an imminent threat to national security or - personal safety necessitating such extension. - ``(iv) Post-seizure hearing.--If a person - with an ownership interest in property seized - pursuant to subparagraph (A) by the Internal - Revenue Service requests a hearing by a court - of competent jurisdiction within 30 days after - the date on which notice is provided under - subclause (ii), such property shall be returned - unless the court holds an adversarial hearing - and finds within 30 days of such request (or - such longer period as the court may provide, - but only on request of an interested party) - that there is probable cause to believe that - there is a violation of section 5324 involving - such property and probable cause to believe - that the property to be seized was derived from - an illegal source or the funds were structured - for the purpose of concealing the violation of - a criminal law or regulation other than section - 5324.''. - -SEC. 1202. EXCLUSION OF INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY - SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON - STRUCTURING TRANSACTION. - - (a) In General.--Part III of subchapter B of chapter 1 is amended -by inserting before section 140 the following new section: - -``SEC. 139H. INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY SEIZED BY - THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING - TRANSACTION. - - ``Gross income shall not include any interest received from the -Federal Government in connection with an action to recover property -seized by the Internal Revenue Service pursuant to section 5317(c)(2) -of title 31, United States Code, by reason of a claimed violation of -section 5324 of such title.''. - (b) Clerical Amendment.--The table of sections for part III of -subchapter B of chapter 1 is amended by inserting before the item -relating to section 140 the following new item: - -``Sec. 139H. Interest received in action to recover property seized by - the Internal Revenue Service based on - structuring transaction.''. - (c) Effective Date.--The amendments made by this section shall -apply to interest received on or after the date of the enactment of -this Act. - -SEC. 1203. CLARIFICATION OF EQUITABLE RELIEF FROM JOINT LIABILITY. - - (a) In General.--Section 6015 is amended-- - (1) in subsection (e), by adding at the end the following - new paragraph: - ``(7) Standard and scope of review.--Any review of a - determination made under this section shall be reviewed de novo - by the Tax Court and shall be based upon-- - ``(A) the administrative record established at the - time of the determination; and - ``(B) any additional newly discovered or previously - unavailable evidence.''; and - (2) by amending subsection (f) to read as follows: - ``(f) Equitable Relief.-- - ``(1) In general.--Under procedures prescribed by the - Secretary, if-- - ``(A) taking into account all the facts and - circumstances, it is inequitable to hold the individual - liable for any unpaid tax or any deficiency (or any - portion of either); and - ``(B) relief is not available to such individual - under subsection (b) or (c); - the Secretary may relieve such individual of such liability. - ``(2) Limitation.--A request for equitable relief under - this subsection may be made with respect to any portion of any - liability that-- - ``(A) has not been paid, provided that such request - is made before the expiration of the applicable period - of limitation under section 6502; or - ``(B) has been paid, provided that such request is - made during the period in which the individual could - submit a timely claim for refund or credit of such - payment.''. - (b) Effective Date.--The amendments made by this section shall -apply to petitions or requests filed or pending on or after the date of -the enactment of this Act. - -SEC. 1204. MODIFICATION OF PROCEDURES FOR ISSUANCE OF THIRD-PARTY - SUMMONS. - - (a) In General.--Section 7609(f) is amended by adding at the end -the following flush sentence: -``The Secretary shall not issue any summons described in the preceding -sentence unless the information sought to be obtained is narrowly -tailored to information that pertains to the failure (or potential -failure) of the person or group or class of persons referred to in -paragraph (2) to comply with one or more provisions of the internal -revenue law which have been identified for purposes of such -paragraph.''. - (b) Effective Date.--The amendments made by this section shall -apply to summonses served after the date that is 45 days after the date -of the enactment of this Act. - -SEC. 1205. PRIVATE DEBT COLLECTION AND SPECIAL COMPLIANCE PERSONNEL - PROGRAM. - - (a) Certain Tax Receivables Not Eligible for Collection Under Tax -Collection Contracts.--Section 6306(d)(3) is amended by striking ``or'' -at the end of subparagraph (C) and by inserting after subparagraph (D) -the following new subparagraphs: - ``(E) a taxpayer substantially all of whose income - consists of disability insurance benefits under section - 223 of the Social Security Act or supplemental security - income benefits under title XVI of the Social Security - Act (including supplemental security income benefits of - the type described in section 1616 of such Act or - section 212 of Public Law 93-66); or - ``(F) a taxpayer who is an individual with adjusted - gross income, as determined for the most recent taxable - year for which such information is available, which - does not exceed 200 percent of the applicable poverty - level (as determined by the Secretary);''. - (b) Determination of Inactive Tax Receivables Eligible for -Collection Under Tax Collection Contracts.--Section 6306(c)(2)(A)(ii) -is amended by striking ``more than \1/3\ of the period of the -applicable statute of limitation has lapsed'' and inserting ``more than -2 years has passed since assessment''. - (c) Maximum Length of Installment Agreements Offered Under Tax -Collection Contracts.--Section 6306(b)(1)(B) is amended by striking ``5 -years'' and inserting ``7 years''. - (d) Clarification That Special Compliance Personnel Program Account -May Be Used for Program Costs.-- - (1) In general.--Section 6307(b) is amended-- - (A) in paragraph (2), by striking all that follows - ``under such program'' and inserting a period; and - (B) in paragraph (3), by striking all that follows - ``out of such account'' and inserting ``for other than - program costs.''. - (2) Communications, software, and technology costs treated - as program costs.--Section 6307(d)(2)(B) is amended by striking - ``telecommunications'' and inserting ``communications, - software, technology''. - (3) Conforming amendment.--Section 6307(d)(2) is amended by - striking ``and'' at the end of subparagraph (A), by striking - the period at the end of subparagraph (B) and inserting ``, - and'', and by inserting after subparagraph (B) the following - new subparagraph: - ``(C) reimbursement of the Internal Revenue Service - or other government agencies for the cost of - administering the qualified tax collection program - under section 6306.''. - (e) Effective Dates.-- - (1) In general.--Except as otherwise provided in this - subsection, the amendments made by this section shall apply to - tax receivables identified by the Secretary (or the Secretary's - delegate) after December 31, 2020. - (2) Maximum length of installment agreements.--The - amendment made by subsection (c) shall apply to contracts - entered into after the date of the enactment of this Act. - (3) Use of special compliance personnel program account.-- - The amendment made by subsection (d) shall apply to amounts - expended from the special compliance personnel program account - after the date of the enactment of this Act. - -SEC. 1206. REFORM OF NOTICE OF CONTACT OF THIRD PARTIES. - - (a) In General.--Section 7602(c)(1) is amended to read as follows: - ``(1) General notice.--An officer or employee of the - Internal Revenue Service may not contact any person other than - the taxpayer with respect to the determination or collection of - the tax liability of such taxpayer unless such contact occurs - during a period (not greater than 1 year) which is specified in - a notice which-- - ``(A) informs the taxpayer that contacts with - persons other than the taxpayer are intended to be made - during such period; and - ``(B) except as otherwise provided by the - Secretary, is provided to the taxpayer not later than - 45 days before the beginning of such period. - Nothing in the preceding sentence shall prevent the issuance of - notices to the same taxpayer with respect to the same tax - liability with periods specified therein that, in the - aggregate, exceed 1 year. A notice shall not be issued under - this paragraph unless there is an intent at the time such - notice is issued to contact persons other than the taxpayer - during the period specified in such notice. The preceding - sentence shall not prevent the issuance of a notice if the - requirement of such sentence is met on the basis of the - assumption that the information sought to be obtained by such - contact will not be obtained by other means before such - contact.''. - (b) Effective Date.--The amendment made by this section shall apply -to notices provided, and contacts of persons made, after the date which -is 45 days after the date of the enactment of this Act. - -SEC. 1207. MODIFICATION OF AUTHORITY TO ISSUE DESIGNATED SUMMONS. - - (a) In General.--Paragraph (1) of section 6503(j) is amended by -striking ``coordinated examination program'' and inserting -``coordinated industry case program''. - (b) Requirements for Summons.--Clause (i) of section 6503(j)(2)(A) -is amended to read as follows: - ``(i) the issuance of such summons is - preceded by a review and written approval of - such issuance by the Commissioner of the - relevant operating division of the Internal - Revenue Service and the Chief Counsel which-- - ``(I) states facts clearly - establishing that the Secretary has - made reasonable requests for the - information that is the subject of the - summons; and - ``(II) is attached to such - summons;''. - (c) Establishment That Reasonable Requests for Information Were -Made.--Subsection (j) of section 6503 is amended by adding at the end -the following new paragraph: - ``(4) Establishment that reasonable requests for - information were made.--In any court proceeding described in - paragraph (3), the Secretary shall establish that reasonable - requests were made for the information that is the subject of - the summons.''. - (d) Effective Date.--The amendments made by this section shall -apply to summonses issued after the date which is 45 days after the -date of the enactment of this Act. - -SEC. 1208. LIMITATION ON ACCESS OF NON-INTERNAL REVENUE SERVICE - EMPLOYEES TO RETURNS AND RETURN INFORMATION. - - (a) In General.--Section 7602 is amended by adding at the end the -following new subsection: - ``(f) Limitation on Access of Persons Other Than Internal Revenue -Service Officers and Employees.--The Secretary shall not, under the -authority of section 6103(n), provide any books, papers, records, or -other data obtained pursuant to this section to any person authorized -under section 6103(n), except when such person requires such -information for the sole purpose of providing expert evaluation and -assistance to the Internal Revenue Service. No person other than an -officer or employee of the Internal Revenue Service or the Office of -Chief Counsel may, on behalf of the Secretary, question a witness under -oath whose testimony was obtained pursuant to this section.''. - (b) Effective Date.--The amendment made by this section-- - (1) shall take effect on the date of the enactment of this - Act; and - (2) shall not fail to apply to a contract in effect under - section 6103(n) of the Internal Revenue Code of 1986 merely - because such contract was in effect before the date of the - enactment of this Act. - - Subtitle D--Organizational Modernization - -SEC. 1301. OFFICE OF THE NATIONAL TAXPAYER ADVOCATE. - - (a) Taxpayer Advocate Directives.-- - (1) In general.--Section 7803(c) is amended by adding at - the end the following new paragraph: - ``(5) Taxpayer advocate directives.--In the case of any - Taxpayer Advocate Directive issued by the National Taxpayer - Advocate pursuant to a delegation of authority from the - Commissioner of Internal Revenue-- - ``(A) the Commissioner or a Deputy Commissioner - shall modify, rescind, or ensure compliance with such - directive not later than 90 days after the issuance of - such directive; and - ``(B) in the case of any directive which is - modified or rescinded by a Deputy Commissioner, the - National Taxpayer Advocate may (not later than 90 days - after such modification or rescission) appeal to the - Commissioner, and the Commissioner shall (not later - than 90 days after such appeal is made) ensure - compliance with such directive as issued by the - National Taxpayer Advocate or provide the National - Taxpayer Advocate with the reasons for any modification - or rescission made or upheld by the Commissioner - pursuant to such appeal.''. - (2) Report to certain committees of congress regarding - directives.--Section 7803(c)(2)(B)(ii) is amended by - redesignating subclauses (VIII) through (XI) as subclauses (IX) - through (XII), respectively, and by inserting after subclause - (VII) the following new subclause: - ``(VIII) identify any Taxpayer - Advocate Directive which was not - honored by the Internal Revenue Service - in a timely manner, as specified under - paragraph (5);''. - (b) National Taxpayer Advocate Annual Reports to Congress.-- - (1) Inclusion of most serious taxpayer problems.--Section - 7803(c)(2)(B)(ii)(III) is amended by striking ``at least 20 of - the'' and inserting ``the 10''. - (2) Coordination with treasury inspector general for tax - administration.--Section 7803(c)(2) is amended by adding at the - end the following new subparagraph: - ``(E) Coordination with treasury inspector general - for tax administration.--Before beginning any research - or study, the National Taxpayer Advocate shall - coordinate with the Treasury Inspector General for Tax - Administration to ensure that the National Taxpayer - Advocate does not duplicate any action that the - Treasury Inspector General for Tax Administration has - already undertaken or has a plan to undertake.''. - (3) Statistical support.-- - (A) In general.--Section 6108 is amended by adding - at the end the following new subsection: - ``(d) Statistical Support for National Taxpayer Advocate.--Upon -request of the National Taxpayer Advocate, the Secretary shall, to the -extent practicable, provide the National Taxpayer Advocate with -statistical support in connection with the preparation by the National -Taxpayer Advocate of the annual report described in section -7803(c)(2)(B)(ii). Such statistical support shall include statistical -studies, compilations, and the review of information provided by the -National Taxpayer Advocate for statistical validity and sound -statistical methodology.''. - (B) Disclosure of review.--Section - 7803(c)(2)(B)(ii), as amended by subsection (a), is - amended by striking ``and'' at the end of subclause - (XI), by redesignating subclause (XII) as subclause - (XIII), and by inserting after subclause (XI) the - following new subclause: - ``(XII) with respect to any - statistical information included in - such report, include a statement of - whether such statistical information - was reviewed or provided by the - Secretary under section 6108(d) and, if - so, whether the Secretary determined - such information to be statistically - valid and based on sound statistical - methodology; and''. - (C) Conforming amendment.--Section - 7803(c)(2)(B)(iii) is amended by adding at the end the - following: ``The preceding sentence shall not apply - with respect to statistical information provided to the - Secretary for review, or received from the Secretary, - under section 6108(d).''. - (c) Salary of National Taxpayer Advocate.--Section 7803(c)(1)(B)(i) -is amended by striking ``, or, if the Secretary of the Treasury so -determines, at a rate fixed under section 9503 of such title''. - (d) Effective Date.-- - (1) In general.--Except as otherwise provided in this - subsection, the amendments made by this section shall take - effect on the date of the enactment of this Act. - (2) Salary of national taxpayer advocate.--The amendment - made by subsection (c) shall apply to compensation paid to - individuals appointed as the National Taxpayer Advocate after - March 31, 2019. - -SEC. 1302. MODERNIZATION OF INTERNAL REVENUE SERVICE ORGANIZATIONAL - STRUCTURE. - - (a) In General.--Not later than September 30, 2020, the Secretary -of the Treasury (or the Secretary's delegate) shall submit to Congress -a comprehensive written plan to redesign the organization of the -Internal Revenue Service. Such plan shall-- - (1) ensure the successful implementation of the priorities - specified by Congress in this Act; - (2) prioritize taxpayer services to ensure that all - taxpayers easily and readily receive the assistance that they - need; - (3) streamline the structure of the agency including - minimizing the duplication of services and responsibilities - within the agency; - (4) best position the Internal Revenue Service to combat - cybersecurity and other threats to the Internal Revenue - Service; and - (5) address whether the Criminal Investigation Division of - the Internal Revenue Service should report directly to the - Commissioner of Internal Revenue. - (b) Repeal of Restriction on Organizational Structure of Internal -Revenue Service.--Paragraph (3) of section 1001(a) of the Internal -Revenue Service Restructuring and Reform Act of 1998 shall cease to -apply beginning 1 year after the date on which the plan described in -subsection (a) is submitted to Congress. - - Subtitle E--Other Provisions - -SEC. 1401. RETURN PREPARATION PROGRAMS FOR APPLICABLE TAXPAYERS. - - (a) In General.--Chapter 77 is amended by inserting after section -7526 the following new section: - -``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR APPLICABLE TAXPAYERS. - - ``(a) Establishment of Volunteer Income Tax Assistance Matching -Grant Program.--The Secretary shall establish a Community Volunteer -Income Tax Assistance Matching Grant Program under which the Secretary -may, subject to the availability of appropriated funds, make grants to -provide matching funds for the development, expansion, or continuation -of qualified return preparation programs assisting applicable taxpayers -and members of underserved populations. - ``(b) Use of Funds.-- - ``(1) In general.--Qualified return preparation programs - may use grants received under this section for-- - ``(A) ordinary and necessary costs associated with - program operation in accordance with cost principles - under the applicable Office of Management and Budget - circular, including-- - ``(i) wages or salaries of persons - coordinating the activities of the program; - ``(ii) developing training materials, - conducting training, and performing quality - reviews of the returns prepared under the - program; - ``(iii) equipment purchases; and - ``(iv) vehicle-related expenses associated - with remote or rural tax preparation services; - ``(B) outreach and educational activities described - in subsection (c)(2)(B); and - ``(C) services related to financial education and - capability, asset development, and the establishment of - savings accounts in connection with tax return - preparation. - ``(2) Requirement of matching funds.--A qualified return - preparation program must provide matching funds on a dollar- - for-dollar basis for all grants provided under this section. - Matching funds may include-- - ``(A) the salary (including fringe benefits) of - individuals performing services for the program; - ``(B) the cost of equipment used in the program; - and - ``(C) other ordinary and necessary costs associated - with the program. - Indirect expenses, including general overhead of any entity - administering the program, shall not be counted as matching - funds. - ``(c) Application.-- - ``(1) In general.--Each applicant for a grant under this - section shall submit an application to the Secretary at such - time, in such manner, and containing such information as the - Secretary may reasonably require. - ``(2) Priority.--In awarding grants under this section, the - Secretary shall give priority to applications which - demonstrate-- - ``(A) assistance to applicable taxpayers, with - emphasis on outreach to, and services for, such - taxpayers; - ``(B) taxpayer outreach and educational activities - relating to eligibility and availability of income - supports available through this title, including the - earned income tax credit; and - ``(C) specific outreach and focus on one or more - underserved populations. - ``(3) Amounts taken into account.--In determining matching - grants under this section, the Secretary shall only take into - account amounts provided by the qualified return preparation - program for expenses described in subsection (b). - ``(d) Program Adherence.-- - ``(1) In general.--The Secretary shall establish procedures - for, and shall conduct not less frequently than once every 5 - calendar years during which a qualified return preparation - program is operating under a grant under this section, periodic - site visits-- - ``(A) to ensure the program is carrying out the - purposes of this section; and - ``(B) to determine whether the program meets such - program adherence standards as the Secretary shall by - regulation or other guidance prescribe. - ``(2) Additional requirements for grant recipients not - meeting program adherence standards.--In the case of any - qualified return preparation program which-- - ``(A) is awarded a grant under this secti;n, and - ``(B) is subsequently determined-- - ``(i) not to meet the program adherence - standards described in paragraph (1)(B); or - ``(ii) not to be otherwise carrying out the - purposes of this section; - such program shall not be eligible for any additional grants - under this section unless such program provides sufficient - documentation of corrective measures established to address any - such deficiencies determined. - ``(e) Definitions.--For purposes of this section-- - ``(1) Qualified return preparation program.--The term - `qualified return preparation program' means any program-- - ``(A) which provides assistance to individuals, not - less than 90 percent of whom are applicable taxpayers, - in preparing and filing Federal income tax returns; - ``(B) which is administered by a qualified entity; - ``(C) in which all volunteers who assist in the - preparation of Federal income tax returns meet the - training requirements prescribed by the Secretary; and - ``(D) which uses a quality review process which - reviews 100 percent of all returns. - ``(2) Qualified entity.-- - ``(A) In general.--The term `qualified entity' - means any entity which-- - ``(i) is an eligible organization; - ``(ii) is in compliance with Federal tax - filing and payment requirements; - ``(iii) is not debarred or suspended from - Federal contracts, grants, or cooperative - agreements; and - ``(iv) agrees to provide documentation to - substantiate any matching funds provided - pursuant to the grant program under this - section. - ``(B) Eligible organization.--The term `eligible - organization' means-- - ``(i) an institution of higher education - which is described in section 102 (other than - subsection (a)(1)(C) thereof) of the Higher - Education Act of 1965 (20 U.S.C. 1002), as in - effect on the date of the enactment of this - section, and which has not been disqualified - from participating in a program under title IV - of such Act; - ``(ii) an organization described in section - 501(c) and exempt from tax under section - 501(a); - ``(iii) a local government agency, - including-- - ``(I) a county or municipal - government agency; and - ``(II) an Indian tribe, as defined - in section 4(13) of the Native American - Housing Assistance and Self- - Determination Act of 1996 (25 U.S.C. - 4103(13)), including any tribally - designated housing entity (as defined - in section 4(22) of such Act (25 U.S.C. - 4103(22))), tribal subsidiary, - subdivision, or other wholly owned - tribal entity; - ``(iv) a local, State, regional, or - national coalition (with one lead organization - which meets the eligibility requirements of - clause (i), (ii), or (iii) acting as the - applicant organization); or - ``(v) in the case of applicable taxpayers - and members of underserved populations with - respect to which no organizations described in - the preceding clauses are available-- - ``(I) a State government agency; or - ``(II) an office providing - Cooperative Extension services (as - established at the land-grant colleges - and universities under the Smith-Lever - Act of May 8, 1914). - ``(3) Applicable taxpayers.--The term `applicable taxpayer' - means a taxpayer whose income for the taxable year does not - exceed an amount equal to the completed phaseout amount under - section 32(b) for a married couple filing a joint return with - three or more qualifying children, as determined in a revenue - procedure or other published guidance. - ``(4) Underserved population.--The term `underserved - population' includes populations of persons with disabilities, - persons with limited English proficiency, Native Americans, - individuals living in rural areas, members of the Armed Forces - and their spouses, and the elderly. - ``(f) Special Rules and Limitations.-- - ``(1) Duration of grants.--Upon application of a qualified - return preparation program, the Secretary is authorized to - award a multi-year grant not to exceed 3 years. - ``(2) Aggregate limitation.--Unless otherwise provided by - specific appropriation, the Secretary shall not allocate more - than $30,000,000 per fiscal year (exclusive of costs of - administering the program) to grants under this section. - ``(g) Promotion of Programs.-- - ``(1) In general.--The Secretary shall promote tax - preparation through qualified return preparation programs - through the use of mass communications and other means. - ``(2) Provision of information regarding qualified return - preparation programs.--The Secretary may provide taxpayers - information regarding qualified return preparation programs - receiving grants under this section. - ``(3) Referrals to low-income taxpayer clinics.--Qualified - return preparation programs receiving a grant under this - section are encouraged, in appropriate cases, to-- - ``(A) advise taxpayers of the availability of, and - eligibility requirements for receiving, advice and - assistance from qualified low-income taxpayer clinics - receiving funding under section 7526; and - ``(B) provide information regarding the location - of, and contact information for, such clinics.''. - (b) Clerical Amendment.--The table of sections for chapter 77 is -amended by inserting after the item relating to section 7526 the -following new item: - -``Sec. 7526A. Return preparation programs for applicable taxpayers.''. - -SEC. 1402. PROVISION OF INFORMATION REGARDING LOW-INCOME TAXPAYER - CLINICS. - - (a) In General.--Section 7526(c) is amended by adding at the end -the following new paragraph: - ``(6) Provision of information regarding qualified low- - income taxpayer clinics.--Notwithstanding any other provision - of law, officers and employees of the Department of the - Treasury may-- - ``(A) advise taxpayers of the availability of, and - eligibility requirements for receiving, advice and - assistance from one or more specific qualified low- - income taxpayer clinics receiving funding under this - section; and - ``(B) provide information regarding the location - of, and contact information for, such clinics.''. - (b) Effective Date.--The amendment made by this section shall take -effect on the date of the enactment of this Act. - -SEC. 1403. NOTICE FROM IRS REGARDING CLOSURE OF TAXPAYER ASSISTANCE - CENTERS. - - Not later than 90 days before the date that a proposed closure of a -Taxpayer Assistance Center would take effect, the Secretary of the -Treasury (or the Secretary's delegate) shall-- - (1) make publicly available (including by non-electronic - means) a notice which-- - (A) identifies the Taxpayer Assistance Center - proposed for closure and the date of such proposed - closure; and - (B) identifies the relevant alternative sources of - taxpayer assistance which may be utilized by taxpayers - affected by such proposed closure; and - (2) submit to Congress a written report that includes-- - (A) the information included in the notice - described in paragraph (1); - (B) the reasons for such proposed closure; and - (C) such other information as the Secretary may - determine appropriate. - -SEC. 1404. RULES FOR SEIZURE AND SALE OF PERISHABLE GOODS RESTRICTED TO - ONLY PERISHABLE GOODS. - - (a) In General.--Section 6336 is amended by striking ``or become -greatly reduced in price or value by keeping, or that such property -cannot be kept without great expense''. - (b) Effective Date.--The amendment made by this section shall apply -to property seized after the date of the enactment of this Act. - -SEC. 1405. WHISTLEBLOWER REFORMS. - - (a) Modifications to Disclosure Rules for Whistleblowers.-- - (1) In general.--Section 6103(k) is amended by adding at - the end the following new paragraph: - ``(13) Disclosure to whistleblowers.-- - ``(A) In general.--The Secretary may disclose, to - any individual providing information relating to any - purpose described in paragraph (1) or (2) of section - 7623(a), return information related to the - investigation of any taxpayer with respect to whom the - individual has provided such information, but only to - the extent that such disclosure is necessary in - obtaining information, which is not otherwise - reasonably available, with respect to the correct - determination of tax liability for tax, or the amount - to be collected with respect to the enforcement of any - other provision of this title. - ``(B) Updates on whistleblower investigations.--The - Secretary shall disclose to an individual providing - information relating to any purpose described in - paragraph (1) or (2) of section 7623(a) the following: - ``(i) Not later than 60 days after a case - for which the individual has provided - information has been referred for an audit or - examination, a notice with respect to such - referral. - ``(ii) Not later than 60 days after a - taxpayer with respect to whom the individual - has provided information has made a payment of - tax with respect to tax liability to which such - information relates, a notice with respect to - such payment. - ``(iii) Subject to such requirements and - conditions as are prescribed by the Secretary, - upon a written request by such individual-- - ``(I) information on the status and - stage of any investigation or action - related to such information; and - ``(II) in the case of a - determination of the amount of any - award under section 7623(b), the - reasons for such determination. - Clause (iii) shall not apply to any information if the - Secretary determines that disclosure of such - information would seriously impair Federal tax - administration. Information described in clauses (i), - (ii), and (iii) may be disclosed to a designee of the - individual providing such information in accordance - with guidance provided by the Secretary.''. - (2) Conforming amendments.-- - (A) Confidentiality of information.--Section - 6103(a)(3) is amended by striking ``subsection - (k)(10)'' and inserting ``paragraph (10) or (13) of - subsection (k)''. - (B) Penalty for unauthorized disclosure.--Section - 7213(a)(2) is amended by striking ``(k)(10)'' and - inserting ``(k)(10) or (13)''. - (C) Coordination with authority to disclose for - investigative purposes.--Section 6103(k)(6) is amended - by adding at the end the following new sentence: ``This - paragraph shall not apply to any disclosure to an - individual providing information relating to any - purpose described in paragraph (1) or (2) of section - 7623(a) which is made under paragraph (13)(A).''. - (b) Protection Against Retaliation.--Section 7623 is amended by -adding at the end the following new subsection: - ``(d) Civil Action To Protect Against Retaliation Cases.-- - ``(1) Anti-retaliation whistleblower protection for - employees.--No employer, or any officer, employee, contractor, - subcontractor, or agent of such employer, may discharge, - demote, suspend, threaten, harass, or in any other manner - discriminate against an employee in the terms and conditions of - employment (including through an act in the ordinary course of - such employee's duties) in reprisal for any lawful act done by - the employee-- - ``(A) to provide information, cause information to - be provided, or otherwise assist in an investigation - regarding underpayment of tax or any conduct which the - employee reasonably believes constitutes a violation of - the internal revenue laws or any provision of Federal - law relating to tax fraud, when the information or - assistance is provided to the Internal Revenue Service, - the Secretary of Treasury, the Treasury Inspector - General for Tax Administration, the Comptroller General - of the United States, the Department of Justice, the - United States Congress, a person with supervisory - authority over the employee, or any other person - working for the employer who has the authority to - investigate, discover, or terminate misconduct; or - ``(B) to testify, participate in, or otherwise - assist in any administrative or judicial action taken - by the Internal Revenue Service relating to an alleged - underpayment of tax or any violation of the internal - revenue laws or any provision of Federal law relating - to tax fraud. - ``(2) Enforcement action.-- - ``(A) In general.--A person who alleges discharge - or other reprisal by any person in violation of - paragraph (1) may seek relief under paragraph (3) by-- - ``(i) filing a complaint with the Secretary - of Labor; or - ``(ii) if the Secretary of Labor has not - issued a final decision within 180 days of the - filing of the complaint and there is no showing - that such delay is due to the bad faith of the - claimant, bringing an action at law or equity - for de novo review in the appropriate district - court of the United States, which shall have - jurisdiction over such an action without regard - to the amount in controversy. - ``(B) Procedure.-- - ``(i) In general.--An action under - subparagraph (A)(i) shall be governed under the - rules and procedures set forth in section - 42121(b) of title 49, United States Code. - ``(ii) Exception.--Notification made under - section 42121(b)(1) of title 49, United States - Code, shall be made to the person named in the - complaint and to the employer. - ``(iii) Burdens of proof.--An action - brought under subparagraph (A)(ii) shall be - governed by the legal burdens of proof set - forth in section 42121(b) of title 49, United - States Code, except that in applying such - section-- - ``(I) `behavior described in - paragraph (1)' shall be substituted for - `behavior described in paragraphs (1) - through (4) of subsection (a)' each - place it appears in paragraph (2)(B) - thereof; and - ``(II) `a violation of paragraph - (1)' shall be substituted for `a - violation of subsection (a)' each place - it appears. - ``(iv) Statute of limitations.--A complaint - under subparagraph (A)(i) shall be filed not - later than 180 days after the date on which the - violation occurs. - ``(v) Jury trial.--A party to an action - brought under subparagraph (A)(ii) shall be - entitled to trial by jury. - ``(3) Remedies.-- - ``(A) In general.--An employee prevailing in any - action under paragraph (2)(A) shall be entitled to all - relief necessary to make the employee whole. - ``(B) Compensatory damages.--Relief for any action - under subparagraph (A) shall include-- - ``(i) reinstatement with the same seniority - status that the employee would have had, but - for the reprisal; - ``(ii) the sum of 200 percent of the amount - of back pay and 100 percent of all lost - benefits, with interest; and - ``(iii) compensation for any special - damages sustained as a result of the reprisal, - including litigation costs, expert witness - fees, and reasonable attorney fees. - ``(4) Rights retained by employee.--Nothing in this section - shall be deemed to diminish the rights, privileges, or remedies - of any employee under any Federal or State law, or under any - collective bargaining agreement. - ``(5) Nonenforceability of certain provisions waiving - rights and remedies or requiring arbitration of disputes.-- - ``(A) Waiver of rights and remedies.--The rights - and remedies provided for in this subsection may not be - waived by any agreement, policy form, or condition of - employment, including by a predispute arbitration - agreement. - ``(B) Predispute arbitration agreements.--No - predispute arbitration agreement shall be valid or - enforceable, if the agreement requires arbitration of a - dispute arising under this subsection.''. - (c) Effective Date.-- - (1) In general.--The amendments made by subsection (a) - shall apply to disclosures made after the date of the enactment - of this Act. - (2) Civil protection.--The amendment made by subsection (b) - shall take effect on the date of the enactment of this Act. - -SEC. 1406. CUSTOMER SERVICE INFORMATION. - - The Secretary of the Treasury (or the Secretary's delegate) shall -provide helpful information to taxpayers placed on hold during a -telephone call to any Internal Revenue Service help line, including the -following: - (1) Information about common tax scams. - (2) Information on where and how to report tax scams. - (3) Additional advice on how taxpayers can protect - themselves from identity theft and tax scams. - -SEC. 1407. MISDIRECTED TAX REFUND DEPOSITS. - - Section 6402 is amended by adding at the end the following new -subsection: - ``(n) Misdirected Direct Deposit Refund.--Not later than the date -which is 6 months after the date of the enactment of the Taxpayer First -Act of 2019, the Secretary shall prescribe regulations to establish -procedures to allow for-- - ``(1) taxpayers to report instances in which a refund made - by the Secretary by electronic funds transfer was not - transferred to the account of the taxpayer; - ``(2) coordination with financial institutions for the - purpose of-- - ``(A) identifying the accounts to which transfers - described in paragraph (1) were made; and - ``(B) recovery of the amounts so transferred; and - ``(3) the refund to be delivered to the correct account of - the taxpayer.''. - - TITLE II--21ST CENTURY IRS - - Subtitle A--Cybersecurity and Identity Protection - -SEC. 2001. PUBLIC-PRIVATE PARTNERSHIP TO ADDRESS IDENTITY THEFT REFUND - FRAUD. - - The Secretary of the Treasury (or the Secretary's delegate) shall -work collaboratively with the public and private sectors to protect -taxpayers from identity theft refund fraud. - -SEC. 2002. RECOMMENDATIONS OF ELECTRONIC TAX ADMINISTRATION ADVISORY - COMMITTEE REGARDING IDENTITY THEFT REFUND FRAUD. - - The Secretary of the Treasury shall ensure that the advisory group -convened by the Secretary pursuant to section 2001(b)(2) of the -Internal Revenue Service Restructuring and Reform Act of 1998 (commonly -known as the Electronic Tax Administration Advisory Committee) studies -(including by providing organized public forums) and makes -recommendations to the Secretary regarding methods to prevent identity -theft and refund fraud. - -SEC. 2003. INFORMATION SHARING AND ANALYSIS CENTER. - - (a) In General.--The Secretary of the Treasury (or the Secretary's -delegate) may participate in an information sharing and analysis center -to centralize, standardize, and enhance data compilation and analysis -to facilitate sharing actionable data and information with respect to -identity theft tax refund fraud. - (b) Development of Performance Metrics.--The Secretary of the -Treasury (or the Secretary's delegate) shall develop metrics for -measuring the success of such center in detecting and preventing -identity theft tax refund fraud. - (c) Disclosure.-- - (1) In general.--Section 6103(k), as amended by this Act, - is amended by adding at the end the following new paragraph: - ``(14) Disclosure of return information for purposes of - cybersecurity and the prevention of identity theft tax refund - fraud.-- - ``(A) In general.--Under such procedures and - subject to such conditions as the Secretary may - prescribe, the Secretary may disclose specified return - information to specified ISAC participants to the - extent that the Secretary determines such disclosure is - in furtherance of effective Federal tax administration - relating to the detection or prevention of identity - theft tax refund fraud, validation of taxpayer - identity, authentication of taxpayer returns, or - detection or prevention of cybersecurity threats. - ``(B) Specified isac participants.--For purposes of - this paragraph-- - ``(i) In general.--The term `specified ISAC - participant' means-- - ``(I) any person designated by the - Secretary as having primary - responsibility for a function performed - with respect to the information sharing - and analysis center described in - section 2003(a) of the Taxpayer First - Act of 2019; and - ``(II) any person subject to the - requirements of section 7216 and which - is a participant in such information - sharing and analysis center. - ``(ii) Information sharing agreement.--Such - term shall not include any person unless such - person has entered into a written agreement - with the Secretary setting forth the terms and - conditions for the disclosure of information to - such person under this paragraph, including - requirements regarding the protection and - safeguarding of such information by such - person. - ``(C) Specified return information.--For purposes - of this paragraph, the term `specified return - information' means-- - ``(i) in the case of a return which is in - connection with a case of potential identity - theft refund fraud-- - ``(I) in the case of such return - filed electronically, the internet - protocol address, device - identification, email domain name, - speed of completion, method of - authentication, refund method, and such - other return information related to the - electronic filing characteristics of - such return as the Secretary may - identify for purposes of this - subclause; and - ``(II) in the case of such return - prepared by a tax return preparer, - identifying information with respect to - such tax return preparer, including the - preparer taxpayer identification number - and electronic filer identification - number of such preparer; - ``(ii) in the case of a return which is in - connection with a case of a identity theft - refund fraud which has been confirmed by the - Secretary (pursuant to such procedures as the - Secretary may provide), the information - referred to in subclauses (I) and (II) of - clause (i), the name and taxpayer - identification number of the taxpayer as it - appears on the return, and any bank account and - routing information provided for making a - refund in connection with such return; and - ``(iii) in the case of any cybersecurity - threat to the Internal Revenue Service, - information similar to the information - described in subclauses (I) and (II) of clause - (i) with respect to such threat. - ``(D) Restriction on use of disclosed - information.-- - ``(i) Designated third parties.--Any return - information received by a person described in - subparagraph (B)(i)(I) shall be used only for - the purposes of and to the extent necessary - in-- - ``(I) performing the function such - person is designated to perform under - such subparagraph; - ``(II) facilitating disclosures - authorized under subparagraph (A) to - persons described in subparagraph - (B)(i)(II); and - ``(III) facilitating disclosures - authorized under subsection (d) to - participants in such information - sharing and analysis center. - ``(ii) Return preparers.--Any return - information received by a person described in - subparagraph (B)(i)(II) shall be treated for - purposes of section 7216 as information - furnished to such person for, or in connection - with, the preparation of a return of the tax - imposed under chapter 1. - ``(E) Data protection and safeguards.--Return - information disclosed under this paragraph shall be - subject to such protections and safeguards as the - Secretary may require in regulations or other guidance - or in the written agreement referred to in subparagraph - (B)(ii). Such written agreement shall include a - requirement that any unauthorized access to information - disclosed under this paragraph, and any breach of any - system in which such information is held, be reported - to the Treasury Inspector General for Tax - Administration.''. - (2) Application of civil and criminal penalties.-- - (A) Section 6103(a)(3), as amended by this Act, is - amended by striking ``or (13)'' and inserting ``, (13), - or (14)''. - (B) Section 7213(a)(2), as amended by this Act, is - amended by striking ``or (13)'' and inserting ``, (13), - or (14)''. - -SEC. 2004. COMPLIANCE BY CONTRACTORS WITH CONFIDENTIALITY SAFEGUARDS. - - (a) In General.--Section 6103(p) is amended by adding at the end -the following new paragraph: - ``(9) Disclosure to contractors and other agents.-- - Notwithstanding any other provision of this section, no return - or return information shall be disclosed to any contractor or - other agent of a Federal, State, or local agency unless such - agency, to the satisfaction of the Secretary-- - ``(A) has requirements in effect which require each - such contractor or other agent which would have access - to returns or return information to provide safeguards - (within the meaning of paragraph (4)) to protect the - confidentiality of such returns or return information; - ``(B) agrees to conduct an on-site review every 3 - years (or a mid-point review in the case of contracts - or agreements of less than 3 years in duration) of each - contractor or other agent to determine compliance with - such requirements; - ``(C) submits the findings of the most recent - review conducted under subparagraph (B) to the - Secretary as part of the report required by paragraph - (4)(E); and - ``(D) certifies to the Secretary for the most - recent annual period that such contractor or other - agent is in compliance with all such requirements. - The certification required by subparagraph (D) shall include - the name and address of each contractor or other agent, a - description of the contract or agreement with such contractor - or other agent, and the duration of such contract or agreement. - The requirements of this paragraph shall not apply to - disclosures pursuant to subsection (n) for purposes of Federal - tax administration.''. - (b) Conforming Amendment.--Section 6103(p)(8)(B) is amended by -inserting ``or paragraph (9)'' after ``subparagraph (A)''. - (c) Effective Date.--The amendments made by this section shall -apply to disclosures made after December 31, 2022. - -SEC. 2005. IDENTITY PROTECTION PERSONAL IDENTIFICATION NUMBERS. - - (a) In General.--Subject to subsection (b), the Secretary of the -Treasury or the Secretary's delegate (hereafter referred to in this -section as the ``Secretary'') shall establish a program to issue, upon -the request of any individual, a number which may be used in connection -with such individual's social security number (or other identifying -information with respect to such individual as determined by the -Secretary) to assist the Secretary in verifying such individual's -identity. - (b) Requirements.-- - (1) Annual expansion.--For each calendar year beginning - after the date of the enactment of this Act, the Secretary - shall provide numbers through the program described in - subsection (a) to individuals residing in such States as the - Secretary deems appropriate, provided that the total number of - States served by such program during such year is greater than - the total number of States served by such program during the - preceding year. - (2) Nationwide availability.--Not later than 5 years after - the date of the enactment of this Act, the Secretary shall - ensure that the program described in subsection (a) is made - available to any individual residing in the United States. - -SEC. 2006. SINGLE POINT OF CONTACT FOR TAX-RELATED IDENTITY THEFT - VICTIMS. - - (a) In General.--The Secretary of the Treasury (or the Secretary's -delegate) shall establish and implement procedures to ensure that any -taxpayer whose return has been delayed or otherwise adversely affected -due to tax-related identity theft has a single point of contact at the -Internal Revenue Service throughout the processing of the taxpayer's -case. The single point of contact shall track the taxpayer's case to -completion and coordinate with other Internal Revenue Service employees -to resolve case issues as quickly as possible. - (b) Single Point of Contact.-- - (1) In general.--For purposes of subsection (a), the single - point of contact shall consist of a team or subset of specially - trained employees who-- - (A) have the ability to work across functions to - resolve the issues involved in the taxpayer's case; and - (B) shall be accountable for handling the case - until its resolution. - (2) Team or subset.--The employees included within the team - or subset described in paragraph (1) may change as required to - meet the needs of the Internal Revenue Service, provided that - procedures have been established to-- - (A) ensure continuity of records and case history; - and - (B) notify the taxpayer when appropriate. - -SEC. 2007. NOTIFICATION OF SUSPECTED IDENTITY THEFT. - - (a) In General.--Chapter 77 is amended by adding at the end the -following new section: - -``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT. - - ``(a) In General.--If the Secretary determines that there has been -or may have been an unauthorized use of the identity of any individual, -the Secretary shall, without jeopardizing an investigation relating to -tax administration-- - ``(1) as soon as practicable-- - ``(A) notify the individual of such determination; - ``(B) provide instructions on how to file a report - with law enforcement regarding the unauthorized use; - ``(C) identify any steps to be taken by the - individual to permit law enforcement to access personal - information of the individual during the investigation; - ``(D) provide information regarding actions the - individual may take in order to protect the individual - from harm relating to the unauthorized use; and - ``(E) offer identity protection measures to the - individual, such as the use of an identity protection - personal identification number; and - ``(2) at the time the information described in paragraph - (1) is provided (or, if not available at such time, as soon as - practicable thereafter), issue additional notifications to such - individual (or such individual's designee) regarding-- - ``(A) whether an investigation has been initiated - in regards to such unauthorized use; - ``(B) whether the investigation substantiated an - unauthorized use of the identity of the individual; and - ``(C) whether-- - ``(i) any action has been taken against a - person relating to such unauthorized use; or - ``(ii) any referral has been made for - criminal prosecution of such person and, to the - extent such information is available, whether - such person has been criminally charged by - indictment or information. - ``(b) Employment-Related Identity Theft.-- - ``(1) In general.--For purposes of this section, the - unauthorized use of the identity of an individual includes the - unauthorized use of the identity of the individual to obtain - employment. - ``(2) Determination of employment-related identity theft.-- - For purposes of this section, in making a determination as to - whether there has been or may have been an unauthorized use of - the identity of an individual to obtain employment, the - Secretary shall review any information-- - ``(A) obtained from a statement described in - section 6051 or an information return relating to - compensation for services rendered other than as an - employee; or - ``(B) provided to the Internal Revenue Service by - the Social Security Administration regarding any - statement described in section 6051; - which indicates that the social security account number - provided on such statement or information return does not - correspond with the name provided on such statement or - information return or the name on the tax return reporting the - income which is included on such statement or information - return.''. - (b) Additional Measures.-- - (1) Examination of both paper and electronic statements and - returns.--The Secretary of the Treasury (or the Secretary's - delegate) shall examine the statements, information returns, - and tax returns described in section 7529(b)(2) of the Internal - Revenue Code of 1986 (as added by subsection (a)) for any - evidence of employment-related identity theft, regardless of - whether such statements or returns are submitted electronically - or on paper. - (2) Improvement of effective return processing program with - social security administration.--Section 232 of the Social - Security Act (42 U.S.C. 432) is amended by inserting after the - third sentence the following: ``For purposes of carrying out - the return processing program described in the preceding - sentence, the Commissioner of Social Security shall request, - not less than annually, such information described in section - 7529(b)(2) of the Internal Revenue Code of 1986 as may be - necessary to ensure the accuracy of the records maintained by - the Commissioner of Social Security related to the amounts of - wages paid to, and the amounts of self-employment income - derived by, individuals.''. - (3) Underreporting of income.--The Secretary of the - Treasury (or the Secretary's delegate) shall establish - procedures to ensure that income reported in connection with - the unauthorized use of a taxpayer's identity is not taken into - account in determining any penalty for underreporting of income - by the victim of identity theft. - (c) Clerical Amendment.--The table of sections for chapter 77 is -amended by adding at the end the following new item: - -``Sec. 7529. Notification of suspected identity theft.''. - (d) Effective Date.--The amendments made by this section shall -apply to determinations made after the date that is 6 months after the -date of the enactment of this Act. - -SEC. 2008. GUIDELINES FOR STOLEN IDENTITY REFUND FRAUD CASES. - - (a) In General.--Not later than 1 year after the date of the -enactment of this Act, the Secretary of the Treasury (or the -Secretary's delegate), in consultation with the National Taxpayer -Advocate, shall develop and implement publicly available guidelines for -management of cases involving stolen identity refund fraud in a manner -that reduces the administrative burden on taxpayers who are victims of -such fraud. - (b) Standards and Procedures To Be Considered.--The guidelines -described in subsection (a) may include-- - (1) standards for-- - (A) the average length of time in which a case - involving stolen identity refund fraud should be - resolved; - (B) the maximum length of time, on average, a - taxpayer who is a victim of stolen identity refund - fraud and is entitled to a tax refund which has been - stolen should have to wait to receive such refund; and - (C) the maximum number of offices and employees - within the Internal Revenue Service with whom a - taxpayer who is a victim of stolen identity refund - fraud should be required to interact in order to - resolve a case; - (2) standards for opening, assigning, reassigning, or - closing a case involving stolen identity refund fraud; and - (3) procedures for implementing and accomplishing the - standards described in paragraphs (1) and (2), and measures for - evaluating such procedures and determining whether such - standards have been successfully implemented. - -SEC. 2009. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF - INFORMATION BY PREPARERS OF RETURNS. - - (a) In General.--Section 6713 is amended-- - (1) by redesignating subsections (b) and (c) as subsections - (c) and (d), respectively; and - (2) by inserting after subsection (a) the following new - subsection: - ``(b) Enhanced Penalty for Improper Use or Disclosure Relating to -Identity Theft.-- - ``(1) In general.--In the case of a disclosure or use - described in subsection (a) that is made in connection with a - crime relating to the misappropriation of another person's - taxpayer identity (as defined in section 6103(b)(6)), whether - or not such crime involves any tax filing, subsection (a) shall - be applied-- - ``(A) by substituting `$1,000' for `$250'; and - ``(B) by substituting `$50,000' for `$10,000'. - ``(2) Separate application of total penalty limitation.-- - The limitation on the total amount of the penalty under - subsection (a) shall be applied separately with respect to - disclosures or uses to which this subsection applies and to - which it does not apply.''. - (b) Criminal Penalty.--Section 7216(a) is amended by striking -``$1,000'' and inserting ``$1,000 ($100,000 in the case of a disclosure -or use to which section 6713(b) applies)''. - (c) Effective Date.--The amendments made by this section shall -apply to disclosures or uses on or after the date of the enactment of -this Act. - - Subtitle B--Development of Information Technology - -SEC. 2101. MANAGEMENT OF INTERNAL REVENUE SERVICE INFORMATION - TECHNOLOGY. - - (a) Duties and Responsibilities of Internal Revenue Service Chief -Information Officer.--Section 7803, as amended by section 1001, is -amended by adding at the end the following new subsection: - ``(f) Internal Revenue Service Chief Information Officer.-- - ``(1) In general.--There shall be in the Internal Revenue - Service an Internal Revenue Service Chief Information Officer - (hereafter referred to in this subsection as the `IRS CIO') who - shall be appointed by the Commissioner of Internal Revenue. - ``(2) Centralized responsibility for internal revenue - service information technology.--The Commissioner of Internal - Revenue (and the Secretary) shall act through the IRS CIO with - respect to all development, implementation, and maintenance of - information technology for the Internal Revenue Service. Any - reference in this subsection to the IRS CIO which directs the - IRS CIO to take any action, or to assume any responsibility, - shall be treated as a reference to the Commissioner of Internal - Revenue acting through the IRS CIO. - ``(3) General duties and responsibilities.--The IRS CIO - shall-- - ``(A) be responsible for the development, - implementation, and maintenance of information - technology for the Internal Revenue Service; - ``(B) ensure that the information technology of the - Internal Revenue Service is secure and integrated; - ``(C) maintain operational control of all - information technology for the Internal Revenue - Service; - ``(D) be the principal advocate for the information - technology needs of the Internal Revenue Service; and - ``(E) consult with the Chief Procurement Officer of - the Internal Revenue Service to ensure that the - information technology acquired for the Internal - Revenue Service is consistent with-- - ``(i) the goals and requirements specified - in subparagraphs (A) through (D); and - ``(ii) the strategic plan developed under - paragraph (4). - ``(4) Strategic plan.-- - ``(A) In general.--The IRS CIO shall develop and - implement a multiyear strategic plan for the - information technology needs of the Internal Revenue - Service. Such plan shall-- - ``(i) include performance measurements of - such technology and of the implementation of - such plan; - ``(ii) include a plan for an integrated - enterprise architecture of the information - technology of the Internal Revenue Service; - ``(iii) include and take into account the - resources needed to accomplish such plan; - ``(iv) take into account planned major - acquisitions of information technology by the - Internal Revenue Service; and - ``(v) align with the needs and strategic - plan of the Internal Revenue Service. - ``(B) Plan updates.--The IRS CIO shall, not less - frequently than annually, review and update the - strategic plan under subparagraph (A) (including the - plan for an integrated enterprise architecture - described in subparagraph (A)(ii)) to take into account - the development of new information technology and the - needs of the Internal Revenue Service. - ``(5) Scope of authority.-- - ``(A) Information technology.--For purposes of this - subsection, the term `information technology' has the - meaning given such term by section 11101 of title 40, - United States Code. - ``(B) Internal revenue service.--Any reference in - this subsection to the Internal Revenue Service - includes a reference to all components of the Internal - Revenue Service, including-- - ``(i) the Office of the Taxpayer Advocate; - ``(ii) the Criminal Investigation Division - of the Internal Revenue Service; and - ``(iii) except as otherwise provided by the - Secretary with respect to information - technology related to matters described in - subsection (b)(3)(B), the Office of the Chief - Counsel.''. - (b) Independent Verification and Validation of the Customer Account -Data Engine 2 and Enterprise Case Management System.-- - (1) In general.--The Commissioner of Internal Revenue shall - enter into a contract with an independent reviewer to verify - and validate the implementation plans (including the - performance milestones and cost estimates included in such - plans) developed for the Customer Account Data Engine 2 and the - Enterprise Case Management System. - (2) Deadline for completion.--Such contract shall require - that such verification and validation be completed not later - than the date which is 1 year after the date of the enactment - of this Act. - (3) Application to phases of cade 2.-- - (A) In general.--Paragraphs (1) and (2) shall not - apply to phase 1 of the Customer Account Data Engine 2 - and shall apply separately to each other phase. - (B) Deadline for completing plans.--Not later than - 1 year after the date of the enactment of this Act, the - Commissioner of Internal Revenue shall complete the - development of plans for all phases of the Customer - Account Data Engine 2. - (C) Deadline for completion of verification and - validation of plans.--In the case of any phase after - phase 2 of the Customer Account Data Engine 2, - paragraph (2) shall be applied by substituting ``the - date on which the plan for such phase was completed'' - for ``the date of the enactment of this Act''. - (c) Coordination of IRS CIO and Chief Procurement Officer of the -Internal Revenue Service.-- - (1) In general.--The Chief Procurement Officer of the - Internal Revenue Service shall-- - (A) identify all significant IRS information - technology acquisitions and provide written - notification to the Internal Revenue Service Chief - Information Officer (hereafter referred to in this - subsection as the ``IRS CIO'') of each such acquisition - in advance of such acquisition; and - (B) regularly consult with the IRS CIO regarding - acquisitions of information technology for the Internal - Revenue Service, including meeting with the IRS CIO - regarding such acquisitions upon request. - (2) Significant irs information technology acquisitions.-- - For purposes of this subsection, the term ``significant IRS - information technology acquisitions'' means-- - (A) any acquisition of information technology for - the Internal Revenue Service in excess of $1,000,000; - and - (B) such other acquisitions of information - technology for the Internal Revenue Service (or - categories of such acquisitions) as the IRS CIO, in - consultation with the Chief Procurement Officer of the - Internal Revenue Service, may identify. - (3) Scope.--Terms used in this subsection which are also - used in section 7803(f) of the Internal Revenue Code of 1986 - (as added by subsection (a)) shall have the same meaning as - when used in such section. - -SEC. 2102. INTERNET PLATFORM FOR FORM 1099 FILINGS. - - (a) In General.--Not later than January 1, 2023, the Secretary of -the Treasury or the Secretary's delegate (hereafter referred to in this -section as the ``Secretary'') shall make available an Internet website -or other electronic media, with a user interface and functionality -similar to the Business Services Online Suite of Services provided by -the Social Security Administration, that provides access to resources -and guidance provided by the Internal Revenue Service and allows -persons to-- - (1) prepare and file Forms 1099; - (2) prepare Forms 1099 for distribution to recipients other - than the Internal Revenue Service; and - (3) maintain a record of completed, filed, and distributed - Forms 1099. - (b) Electronic Services Treated as Supplemental; Application of -Security Standards.--The Secretary shall ensure that the services -described in subsection (a)-- - (1) are a supplement to, and not a replacement for, other - services provided by the Internal Revenue Service to taxpayers; - and - (2) comply with applicable security standards and - guidelines. - -SEC. 2103. STREAMLINED CRITICAL PAY AUTHORITY FOR INFORMATION - TECHNOLOGY POSITIONS. - - (a) In General.--Subchapter A of chapter 80 is amended by adding at -the end the following new section: - -``SEC. 7812. STREAMLINED CRITICAL PAY AUTHORITY FOR INFORMATION - TECHNOLOGY POSITIONS. - - ``In the case of any position which is critical to the -functionality of the information technology operations of the Internal -Revenue Service-- - ``(1) section 9503 of title 5, United States Code, shall be - applied-- - ``(A) by substituting `during the period beginning - on the date of the enactment of section 7812 of the - Internal Revenue Code of 1986, and ending on September - 30, 2025' for `Before September 30, 2013 in subsection - (a)'; - ``(B) without regard to subparagraph (B) of - subsection (a)(1); and - ``(C) by substituting `the date of the enactment of - the Taxpayer First Act of 2019' for `June 1, 1998' in - subsection (a)(6); - ``(2) section 9504 of such title 5 shall be applied by - substituting `During the period beginning on the date of the - enactment of section 7812 of the Internal Revenue Code of 1986, - and ending on September 30, 2025' for `Before September 30, - 2013' each place it appears in subsections (a) and (b); and - ``(3) section 9505 of such title shall be applied-- - ``(A) by substituting `During the period beginning - on the date of the enactment of section 7812 of the - Internal Revenue Code of 1986, and ending on September - 30, 2025' for `Before September 30, 2013' in subsection - (a); and - ``(B) by substituting `the information technology - operations' for `significant functions' in subsection - (a).''. - (b) Clerical Amendment.--The table of sections for subchapter A of -chapter 80 is amended by adding at the end the following new item: - -``Sec. 7812. Streamlined critical pay authority for information - technology positions.''. - - Subtitle C--Modernization of Consent-Based Income Verification System - -SEC. 2201. DISCLOSURE OF TAXPAYER INFORMATION FOR THIRD-PARTY INCOME - VERIFICATION. - - (a) In General.--Not later than 1 year after the close of the 2- -year period described in subsection (d)(1), the Secretary of the -Treasury or the Secretary's delegate (hereafter referred to in this -section as the ``Secretary'') shall implement a program to ensure that -any qualified disclosure-- - (1) is fully automated and accomplished through the - Internet; and - (2) is accomplished in as close to real-time as is - practicable. - (b) Qualified Disclosure.--For purposes of this section, the term -``qualified disclosure'' means a disclosure under section 6103(c) of -the Internal Revenue Code of 1986 of returns or return information by -the Secretary to a person seeking to verify the income or -creditworthiness of a taxpayer who is a borrower in the process of a -loan application. - (c) Application of Security Standards.--The Secretary shall ensure -that the program described in subsection (a) complies with applicable -security standards and guidelines. - (d) User Fee.-- - (1) In general.--During the 2-year period beginning on the - first day of the 6th calendar month beginning after the date of - the enactment of this Act, the Secretary shall assess and - collect a fee for qualified disclosures (in addition to any - other fee assessed and collected for such disclosures) at such - rates as the Secretary determines are sufficient to cover the - costs related to implementing the program described in - subsection (a), including the costs of any necessary - infrastructure or technology. - (2) Deposit of collections.--Amounts received from fees - assessed and collected under paragraph (1) shall be deposited - in, and credited to, an account solely for the purpose of - carrying out the activities described in subsection (a). Such - amounts shall be available to carry out such activities without - need of further appropriation and without fiscal year - limitation. - -SEC. 2202. LIMIT REDISCLOSURES AND USES OF CONSENT-BASED DISCLOSURES OF - TAX RETURN INFORMATION. - - (a) In General.--Section 6103(c) is amended by adding at the end -the following: ``Persons designated by the taxpayer under this -subsection to receive return information shall not use the information -for any purpose other than the express purpose for which consent was -granted and shall not disclose return information to any other person -without the express permission of, or request by, the taxpayer.''. - (b) Application of Penalties.--Section 6103(a)(3) is amended by -inserting ``subsection (c),'' after ``return information under''. - (c) Effective Date.--The amendments made by this section shall -apply to disclosures made after the date which is 180 days after the -date of the enactment of this Act. - - Subtitle D--Expanded Use of Electronic Systems - -SEC. 2301. ELECTRONIC FILING OF RETURNS. - - (a) In General.--Section 6011(e)(2)(A) is amended by striking -``250'' and inserting ``the applicable number of''. - (b) Applicable Number.--Section 6011(e) is amended by striking -paragraph (5) and inserting the following new paragraphs: - ``(5) Applicable number.-- - ``(A) In general.--For purposes of paragraph - (2)(A), the applicable number shall be-- - ``(i) except as provided in subparagraph - (B), in the case of calendar years before 2021, - 250; - ``(ii) in the case of calendar year 2021, - 100; and - ``(iii) in the case of calendar years after - 2021, 10. - ``(B) Special rule for partnerships for 2018, 2019, - 2020, and 2021.--In the case of a partnership, for any - calendar year before 2022, the applicable number shall - be-- - ``(i) in the case of calendar year 2018, - 200; - ``(ii) in the case of calendar year 2019, - 150; - ``(iii) in the case of calendar year 2020, - 100; and - ``(iv) in the case of calendar year 2021, - 50. - ``(6) Partnerships required to file on magnetic media.-- - Notwithstanding paragraph (2)(A), the Secretary shall require - partnerships having more than 100 partners to file returns on - magnetic media.''. - (c) Returns Filed by a Tax Return Preparer.--Section 6011(e)(3) is -amended by adding at the end the following new subparagraph: - ``(D) Exception for certain preparers located in - areas without internet access.--The Secretary may waive - the requirement of subparagraph (A) if the Secretary - determines, on the basis of an application by the tax - return preparer, that the preparer cannot meet such - requirement by reason of being located in a geographic - area which does not have access to internet service - (other than dial-up or satellite service).''. - (d) Conforming Amendment.--Section 6724(c) is amended by striking -``250 information returns (more than 100 information returns in the -case of a partnership having more than 100 partners)'' and inserting -``the applicable number (determined under section 6011(e)(5) with -respect to the calendar year to which such returns relate) of -information returns''. - (e) Effective Date.--The amendments made by this section shall take -effect on the date of the enactment of this Act. - -SEC. 2302. UNIFORM STANDARDS FOR THE USE OF ELECTRONIC SIGNATURES FOR - DISCLOSURE AUTHORIZATIONS TO, AND OTHER AUTHORIZATIONS - OF, PRACTITIONERS. - - Section 6061(b)(3) is amended to read as follows: - ``(3) Published guidance.-- - ``(A) In general.--The Secretary shall publish - guidance as appropriate to define and implement any - waiver of the signature requirements or any method - adopted under paragraph (1). - ``(B) Electronic signatures for disclosure - authorizations to, and other authorizations of, - practitioners.--Not later than 6 months after the date - of the enactment of this subparagraph, the Secretary - shall publish guidance to establish uniform standards - and procedures for the acceptance of taxpayers' - signatures appearing in electronic form with respect to - any request for disclosure of a taxpayer's return or - return information under section 6103(c) to a - practitioner or any power of attorney granted by a - taxpayer to a practitioner. - ``(C) Practitioner.--For purposes of subparagraph - (B), the term `practitioner' means any individual in - good standing who is regulated under section 330 of - title 31, United States Code.''. - -SEC. 2303. PAYMENT OF TAXES BY DEBIT AND CREDIT CARDS. - - Section 6311(d)(2) is amended by adding at the end the following: -``The preceding sentence shall not apply to the extent that the -Secretary ensures that any such fee or other consideration is fully -recouped by the Secretary in the form of fees paid to the Secretary by -persons paying taxes imposed under subtitle A with credit, debit, or -charge cards pursuant to such contract. Notwithstanding the preceding -sentence, the Secretary shall seek to minimize the amount of any fee or -other consideration that the Secretary pays under any such contract.''. - -SEC. 2304. AUTHENTICATION OF USERS OF ELECTRONIC SERVICES ACCOUNTS. - - Beginning 180 days after the date of the enactment of this Act, the -Secretary of the Treasury (or the Secretary's delegate) shall verify -the identity of any individual opening an e-Services account with the -Internal Revenue Service before such individual is able to use the e- -Services tools. - - Subtitle E--Other Provisions - -SEC. 2401. REPEAL OF PROVISION REGARDING CERTAIN TAX COMPLIANCE - PROCEDURES AND REPORTS. - - Section 2004 of the Internal Revenue Service Restructuring and -Reform Act of 1998 (26 U.S.C. 6012 note) is repealed. - -SEC. 2402. COMPREHENSIVE TRAINING STRATEGY. - - Not later than 1 year after the date of the enactment of this Act, -the Commissioner of Internal Revenue shall submit to Congress a written -report providing a comprehensive training strategy for employees of the -Internal Revenue Service, including-- - (1) a plan to streamline current training processes, - including an assessment of the utility of further consolidating - internal training programs, technology, and funding; - (2) a plan to develop annual training regarding taxpayer - rights, including the role of the Office of the Taxpayer - Advocate, for employees that interface with taxpayers and the - direct managers of such employees; - (3) a plan to improve technology-based training; - (4) proposals to-- - (A) focus employee training on early, fair, and - efficient resolution of taxpayer disputes for employees - that interface with taxpayers and the direct managers - of such employees; and - (B) ensure consistency of skill development and - employee evaluation throughout the Internal Revenue - Service; and - (5) a thorough assessment of the funding necessary to - implement such strategy. - - TITLE III--MISCELLANEOUS PROVISIONS - -Subtitle A--Reform of Laws Governing Internal Revenue Service Employees - -SEC. 3001. PROHIBITION ON REHIRING ANY EMPLOYEE OF THE INTERNAL REVENUE - SERVICE WHO WAS INVOLUNTARILY SEPARATED FROM SERVICE FOR - MISCONDUCT. - - (a) In General.--Section 7804 is amended by adding at the end the -following new subsection: - ``(d) Prohibition on Rehiring Employees Involuntarily Separated.-- -The Commissioner may not hire any individual previously employed by the -Commissioner who was removed for misconduct under this subchapter or -chapter 43 or chapter 75 of title 5, United States Code, or whose -employment was terminated under section 1203 of the Internal Revenue -Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note).''. - (b) Effective Date.--The amendment made by subsection (a) shall -apply with respect to the hiring of employees after the date of the -enactment of this Act. - -SEC. 3002. NOTIFICATION OF UNAUTHORIZED INSPECTION OR DISCLOSURE OF - RETURNS AND RETURN INFORMATION. - - (a) In General.--Subsection (e) of section 7431 is amended by -adding at the end the following new sentences: ``The Secretary shall -also notify such taxpayer if the Internal Revenue Service or a Federal -or State agency (upon notice to the Secretary by such Federal or State -agency) proposes an administrative determination as to disciplinary or -adverse action against an employee arising from the employee's -unauthorized inspection or disclosure of the taxpayer's return or -return information. The notice described in this subsection shall -include the date of the unauthorized inspection or disclosure and the -rights of the taxpayer under such administrative determination.''. - (b) Effective Date.--The amendment made by this section shall apply -to determinations proposed after the date which is 180 days after the -date of the enactment of this Act. - - Subtitle B--Provisions Relating to Exempt Organizations - -SEC. 3101. MANDATORY E-FILING BY EXEMPT ORGANIZATIONS. - - (a) In General.--Section 6033 is amended by redesignating -subsection (n) as subsection (o) and by inserting after subsection (m) -the following new subsection: - ``(n) Mandatory Electronic Filing.--Any organization required to -file a return under this section shall file such return in electronic -form.''. - (b) Conforming Amendment.--Paragraph (7) of section 527(j) is -amended by striking ``if the organization has'' and all that follows -through ``such calendar year''. - (c) Inspection of Electronically Filed Annual Returns.--Subsection -(b) of section 6104 is amended by adding at the end the following: -``Any annual return required to be filed electronically under section -6033(n) shall be made available by the Secretary to the public as soon -as practicable in a machine readable format.''. - (d) Effective Date.-- - (1) In general.--Except as provided in paragraph (2), the - amendments made by this section shall apply to taxable years - beginning after the date of the enactment of this Act. - (2) Transitional relief.-- - (A) Small organizations.-- - (i) In general.--In the case of any small - organizations, or any other organizations for - which the Secretary of the Treasury or the - Secretary's delegate (hereafter referred to in - this paragraph as the ``Secretary'') determines - the application of the amendments made by this - section would cause undue burden without a - delay, the Secretary may delay the application - of such amendments, but such delay shall not - apply to any taxable year beginning on or after - the date 2 years after of the enactment of this - Act. - (ii) Small organization.--For purposes of - clause (i), the term ``small organization'' - means any organization-- - (I) the gross receipts of which for - the taxable year are less than - $200,000; and - (II) the aggregate gross assets of - which at the end of the taxable year - are less than $500,000. - (B) Organizations filing form 990-T.--In the case - of any organization described in section 511(a)(2) of - the Internal Revenue Code of 1986 which is subject to - the tax imposed by section 511(a)(1) of such Code on - its unrelated business taxable income, or any - organization required to file a return under section - 6033 of such Code and include information under - subsection (e) thereof, the Secretary may delay the - application of the amendments made by this section, but - such delay shall not apply to any taxable year - beginning on or after the date 2 years after of the - enactment of this Act. - -SEC. 3102. NOTICE REQUIRED BEFORE REVOCATION OF TAX-EXEMPT STATUS FOR - FAILURE TO FILE RETURN. - - (a) In General.--Section 6033(j)(1) is amended by striking ``If an -organization'' and inserting the following: - ``(A) Notice.--If an organization described in - subsection (a)(1) or (i) fails to file the annual - return or notice required under either subsection for 2 - consecutive years, the Secretary shall notify the - organization-- - ``(i) that the Internal Revenue Service has - no record of such a return or notice from such - organization for 2 consecutive years, and - ``(ii) about the revocation that will occur - under subparagraph (B) if the organization - fails to file such a return or notice by the - due date for the next such return or notice - required to be filed. - The notification under the preceding sentence shall - include information about how to comply with the filing - requirements under subsections (a)(1) and (i). - ``(B) Revocation.--If an organization''. - (b) Effective Date.--The amendment made by this section shall apply -to failures to file returns or notices for 2 consecutive years if the -return or notice for the second year is required to be filed after -December 31, 2019. - - Subtitle C--Revenue Provision - -SEC. 3201. INCREASE IN PENALTY FOR FAILURE TO FILE. - - (a) In General.--The second sentence of subsection (a) of section -6651 is amended by striking ``$205'' and inserting ``$330''. - (b) Inflation Adjustment.--Section 6651(j)(1) is amended-- - (1) by striking ``2014'' and inserting ``2020''; - (2) by striking ``$205'' and inserting ``$330''; and - (3) by striking ``2013'' and inserting ``2019''. - (c) Effective Date.--The amendments made by this section shall -apply to returns required to be filed after December 31, 2019. - - TITLE IV--BUDGETARY EFFECTS - -SEC. 4001. DETERMINATION OF BUDGETARY EFFECTS. - - The budgetary effects of this Act, for the purpose of complying -with the Statutory Pay-As-You-Go Act of 2010, shall be determined by -reference to the latest statement titled ``Budgetary Effects of PAYGO -Legislation'' for this Act, submitted for printing in the Congressional -Record by the Chairman of the House Budget Committee, provided that -such statement has been submitted prior to the vote on passage. - - Passed the House of Representatives April 9, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + (1) Section 200302(c) of title 54, United States Code, is + amended by striking paragraph (3). + (2) Section 200306(a)(2)(B) of title 54, United States Code, is + amended by striking clause (iii). + (c) Clerical Amendment.--The table of sections for chapter 2003 of +title 54, United States Code, is amended by striking the item relating +to section 200303 and inserting the following: - H. R. 1957 +``200303. Availability of funds.''. -_______________________________________________________________________ - AN ACT + Speaker of the House of Representatives. -To amend the Internal Revenue Code of 1986 to modernize and improve the - Internal Revenue Service, and for other purposes. + Vice President of the United States and + President of the Senate. From 05193df1b42f13e2807b5b873cb3d20fc2737196 Mon Sep 17 00:00:00 2001 From: "Rep. Cummings, Elijah E. [D-MD-7]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 208/984] House-1966: Introduced to House --- bills_text/House-1966.txt | 123 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 123 insertions(+) create mode 100644 bills_text/House-1966.txt diff --git a/bills_text/House-1966.txt b/bills_text/House-1966.txt new file mode 100644 index 0000000..71007ac --- /dev/null +++ b/bills_text/House-1966.txt @@ -0,0 +1,123 @@ +116th CONGRESS + 1st Session + H. R. 1966 + + To direct the Comptroller General of the United States to complete a +study on barriers to participation in federally funded cancer clinical +trials by populations that have been traditionally underrepresented in + such trials. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 28, 2019 + + Mr. Cummings (for himself, Mr. Sarbanes, and Mr. Ruppersberger) + introduced the following bill; which was referred to the Committee on + Energy and Commerce, and in addition to the Committees on Armed + Services, and Veterans' Affairs, for a period to be subsequently + determined by the Speaker, in each case for consideration of such + provisions as fall within the jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + + To direct the Comptroller General of the United States to complete a +study on barriers to participation in federally funded cancer clinical +trials by populations that have been traditionally underrepresented in + such trials. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Henrietta Lacks Enhancing Cancer +Research Act of 2019''. + +SEC. 2. FINDINGS. + + Congress finds as follows: + (1) Only a small percent of patients participate in cancer + clinical trials, even though most express an interest in + clinical research. There are several obstacles that restrict + individuals from participating including lack of available + local trials, restrictive eligibility criteria, transportation + to trial sites, taking time off from work, and potentially + increased medical and nonmedical costs. Ultimately, about 1 in + 5 cancer clinical trials fail because of lack of patient + enrollment. + (2) Groups that are generally underrepresented in clinical + trials include racial and ethnic minorities and older, rural, + and lower-income individuals. + (3) Henrietta Lacks, an African-American woman, was + diagnosed with cervical cancer at the age of 31, and despite + receiving painful radium treatments, passed away on October 4, + 1951. + (4) Medical researchers took samples of Henrietta Lacks' + tumor during her treatment and the HeLa cell line from her + tumor proved remarkably resilient. + (5) HeLa cells were the first immortal line of human cells. + Henrietta Lacks' cells were unique, growing by the millions, + commercialized and distributed worldwide to researchers, + resulting in advances in medicine. + (6) Henrietta Lacks' prolific cells continue to grow and + contribute to remarkable advances in medicine, including the + development of the polio vaccine, as well as drugs for treating + the effects of cancer, HIV/AIDS, hemophilia, leukemia, and + Parkinson's disease. These cells have been used in research + that has contributed to our understanding of the effects of + radiation and zero gravity on human cells. These immortal cells + have informed research on chromosomal conditions, cancer, gene + mapping, and precision medicine. + (7) Henrietta Lacks and her immortal cells have made a + significant contribution to global health, scientific research, + quality of life, and patient rights. + (8) For more than 20 years, the advances made possible by + Henrietta Lacks' cells were without her or her family's + consent, and the revenues they generated were not known to or + shared with her family. + (9) Henrietta Lacks and her family's experience is + fundamental to modern and future bioethics policies and + informed consent laws that benefit patients nationwide by + building patient trust; promoting ethical research that + benefits all individuals, including traditionally + underrepresented populations; and protecting research + participants. + +SEC. 3. GAO STUDY ON BARRIERS TO PARTICIPATION IN FEDERALLY FUNDED + CANCER CLINICAL TRIALS BY POPULATIONS THAT HAVE BEEN + TRADITIONALLY UNDERREPRESENTED IN SUCH TRIALS. + + (a) In General.--Not later than 2 years after the date of enactment +of this Act, the Comptroller General of the United States shall-- + (1) complete a study that-- + (A) reviews what actions Federal agencies have + taken to help to address barriers to participation in + federally funded cancer clinical trials by populations + that have been traditionally underrepresented in such + trials, and identifies challenges, if any, in + implementing such actions; and + (B) identifies additional actions that can be taken + by Federal agencies to address barriers to + participation in federally funded cancer clinical + trials by populations that have been traditionally + underrepresented in such trials; and + (2) submit a report to the Congress on the results of such + study, including recommendations on potential changes in + practices and policies to improve participation in such trials + by such populations. + (b) Inclusion of Clinical Trials.--The study under subsection +(a)(1) should include review of cancer clinical trials that are largely +funded by Federal agencies, including the National Institutes of +Health, the Department of Defense, the Department of Veterans Affairs, +the Agency for Health Research and Quality, the Food and Drug +Administration, and such other Federal agencies as the Comptroller +General of the United States may identify. + \ No newline at end of file From 4d2fbdedb75bf41a47d343f046dbde38bb49edc0 Mon Sep 17 00:00:00 2001 From: "Rep. Cummings, Elijah E. [D-MD-7]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 209/984] House-1966: Engrossed in House --- bills_text/House-1966.txt | 53 ++++++++++++++++++--------------------- 1 file changed, 24 insertions(+), 29 deletions(-) diff --git a/bills_text/House-1966.txt b/bills_text/House-1966.txt index 71007ac..9ae7e7b 100644 --- a/bills_text/House-1966.txt +++ b/bills_text/House-1966.txt @@ -1,30 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 1966 - To direct the Comptroller General of the United States to complete a -study on barriers to participation in federally funded cancer clinical -trials by populations that have been traditionally underrepresented in - such trials. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 28, 2019 - - Mr. Cummings (for himself, Mr. Sarbanes, and Mr. Ruppersberger) - introduced the following bill; which was referred to the Committee on - Energy and Commerce, and in addition to the Committees on Armed - Services, and Veterans' Affairs, for a period to be subsequently - determined by the Speaker, in each case for consideration of such - provisions as fall within the jurisdiction of the committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -114,10 +94,25 @@ of this Act, the Comptroller General of the United States shall-- practices and policies to improve participation in such trials by such populations. (b) Inclusion of Clinical Trials.--The study under subsection -(a)(1) should include review of cancer clinical trials that are largely -funded by Federal agencies, including the National Institutes of -Health, the Department of Defense, the Department of Veterans Affairs, -the Agency for Health Research and Quality, the Food and Drug -Administration, and such other Federal agencies as the Comptroller -General of the United States may identify. - \ No newline at end of file +(a)(1) shall include review of cancer clinical trials that are largely +funded by Federal agencies. + + Passed the House of Representatives December 9, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 1966 + +_______________________________________________________________________ + + AN ACT + + To direct the Comptroller General of the United States to complete a +study on barriers to participation in federally funded cancer clinical +trials by populations that have been traditionally underrepresented in + such trials. From d6de045f8b62cd599b6d240b3f024ec191b0906c Mon Sep 17 00:00:00 2001 From: "Rep. Cummings, Elijah E. [D-MD-7]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 210/984] House-1966: Enrolled --- bills_text/House-1966.txt | 175 +++++++++++++++++--------------------- 1 file changed, 79 insertions(+), 96 deletions(-) diff --git a/bills_text/House-1966.txt b/bills_text/House-1966.txt index 9ae7e7b..73abae9 100644 --- a/bills_text/House-1966.txt +++ b/bills_text/House-1966.txt @@ -1,118 +1,101 @@ -116th CONGRESS - 2d Session - H. R. 1966 + H.R.1966 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To direct the Comptroller General of the United States to complete a -study on barriers to participation in federally funded cancer clinical -trials by populations that have been traditionally underrepresented in + To direct the Comptroller General of the United States to complete a + study on barriers to participation in federally funded cancer clinical + trials by populations that have been traditionally underrepresented in such trials. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Henrietta Lacks Enhancing Cancer Research Act of 2019''. - SEC. 2. FINDINGS. - Congress finds as follows: - (1) Only a small percent of patients participate in cancer - clinical trials, even though most express an interest in - clinical research. There are several obstacles that restrict - individuals from participating including lack of available - local trials, restrictive eligibility criteria, transportation - to trial sites, taking time off from work, and potentially - increased medical and nonmedical costs. Ultimately, about 1 in - 5 cancer clinical trials fail because of lack of patient - enrollment. - (2) Groups that are generally underrepresented in clinical - trials include racial and ethnic minorities and older, rural, - and lower-income individuals. - (3) Henrietta Lacks, an African-American woman, was - diagnosed with cervical cancer at the age of 31, and despite - receiving painful radium treatments, passed away on October 4, - 1951. - (4) Medical researchers took samples of Henrietta Lacks' - tumor during her treatment and the HeLa cell line from her - tumor proved remarkably resilient. - (5) HeLa cells were the first immortal line of human cells. - Henrietta Lacks' cells were unique, growing by the millions, - commercialized and distributed worldwide to researchers, - resulting in advances in medicine. - (6) Henrietta Lacks' prolific cells continue to grow and - contribute to remarkable advances in medicine, including the - development of the polio vaccine, as well as drugs for treating - the effects of cancer, HIV/AIDS, hemophilia, leukemia, and - Parkinson's disease. These cells have been used in research - that has contributed to our understanding of the effects of - radiation and zero gravity on human cells. These immortal cells - have informed research on chromosomal conditions, cancer, gene - mapping, and precision medicine. - (7) Henrietta Lacks and her immortal cells have made a - significant contribution to global health, scientific research, - quality of life, and patient rights. - (8) For more than 20 years, the advances made possible by - Henrietta Lacks' cells were without her or her family's - consent, and the revenues they generated were not known to or - shared with her family. - (9) Henrietta Lacks and her family's experience is - fundamental to modern and future bioethics policies and - informed consent laws that benefit patients nationwide by - building patient trust; promoting ethical research that - benefits all individuals, including traditionally - underrepresented populations; and protecting research - participants. - + (1) Only a small percent of patients participate in cancer + clinical trials, even though most express an interest in clinical + research. There are several obstacles that restrict individuals + from participating including lack of available local trials, + restrictive eligibility criteria, transportation to trial sites, + taking time off from work, and potentially increased medical and + nonmedical costs. Ultimately, about 1 in 5 cancer clinical trials + fail because of lack of patient enrollment. + (2) Groups that are generally underrepresented in clinical + trials include racial and ethnic minorities and older, rural, and + lower-income individuals. + (3) Henrietta Lacks, an African-American woman, was diagnosed + with cervical cancer at the age of 31, and despite receiving + painful radium treatments, passed away on October 4, 1951. + (4) Medical researchers took samples of Henrietta Lacks' tumor + during her treatment and the HeLa cell line from her tumor proved + remarkably resilient. + (5) HeLa cells were the first immortal line of human cells. + Henrietta Lacks' cells were unique, growing by the millions, + commercialized and distributed worldwide to researchers, resulting + in advances in medicine. + (6) Henrietta Lacks' prolific cells continue to grow and + contribute to remarkable advances in medicine, including the + development of the polio vaccine, as well as drugs for treating the + effects of cancer, HIV/AIDS, hemophilia, leukemia, and Parkinson's + disease. These cells have been used in research that has + contributed to our understanding of the effects of radiation and + zero gravity on human cells. These immortal cells have informed + research on chromosomal conditions, cancer, gene mapping, and + precision medicine. + (7) Henrietta Lacks and her immortal cells have made a + significant contribution to global health, scientific research, + quality of life, and patient rights. + (8) For more than 20 years, the advances made possible by + Henrietta Lacks' cells were without her or her family's consent, + and the revenues they generated were not known to or shared with + her family. + (9) Henrietta Lacks and her family's experience is fundamental + to modern and future bioethics policies and informed consent laws + that benefit patients nationwide by building patient trust; + promoting ethical research that benefits all individuals, including + traditionally underrepresented populations; and protecting research + participants. SEC. 3. GAO STUDY ON BARRIERS TO PARTICIPATION IN FEDERALLY FUNDED - CANCER CLINICAL TRIALS BY POPULATIONS THAT HAVE BEEN - TRADITIONALLY UNDERREPRESENTED IN SUCH TRIALS. - +CANCER CLINICAL TRIALS BY POPULATIONS THAT HAVE BEEN TRADITIONALLY +UNDERREPRESENTED IN SUCH TRIALS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall-- - (1) complete a study that-- - (A) reviews what actions Federal agencies have - taken to help to address barriers to participation in - federally funded cancer clinical trials by populations - that have been traditionally underrepresented in such - trials, and identifies challenges, if any, in - implementing such actions; and - (B) identifies additional actions that can be taken - by Federal agencies to address barriers to - participation in federally funded cancer clinical - trials by populations that have been traditionally - underrepresented in such trials; and - (2) submit a report to the Congress on the results of such - study, including recommendations on potential changes in - practices and policies to improve participation in such trials - by such populations. + (1) complete a study that-- + (A) reviews what actions Federal agencies have taken to + help to address barriers to participation in federally funded + cancer clinical trials by populations that have been + traditionally underrepresented in such trials, and identifies + challenges, if any, in implementing such actions; and + (B) identifies additional actions that can be taken by + Federal agencies to address barriers to participation in + federally funded cancer clinical trials by populations that + have been traditionally underrepresented in such trials; and + (2) submit a report to the Congress on the results of such + study, including recommendations on potential changes in practices + and policies to improve participation in such trials by such + populations. (b) Inclusion of Clinical Trials.--The study under subsection (a)(1) shall include review of cancer clinical trials that are largely funded by Federal agencies. - Passed the House of Representatives December 9, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - H. R. 1966 - -_______________________________________________________________________ - - AN ACT - - To direct the Comptroller General of the United States to complete a -study on barriers to participation in federally funded cancer clinical -trials by populations that have been traditionally underrepresented in - such trials. + Vice President of the United States and + President of the Senate. From 84680a2ace12130a9e8c2ac0703c02c696241008 Mon Sep 17 00:00:00 2001 From: "Rep. Gianforte, Greg [R-MT-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 211/984] House-1972: Introduced to House --- bills_text/House-1972.txt | 42 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-1972.txt diff --git a/bills_text/House-1972.txt b/bills_text/House-1972.txt new file mode 100644 index 0000000..3040ddb --- /dev/null +++ b/bills_text/House-1972.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 1st Session + H. R. 1972 + + To designate the facility of the United States Postal Service located + at 1100 West Kent Avenue in Missoula, Montana, as the ``Jeannette + Rankin Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 28, 2019 + +Mr. Gianforte introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 1100 West Kent Avenue in Missoula, Montana, as the ``Jeannette + Rankin Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. JEANNETTE RANKIN POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 1100 West Kent Avenue in Missoula, Montana, shall be known +and designated as the ``Jeannette Rankin Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Jeannette +Rankin Post Office Building''. + \ No newline at end of file From 5776f0606ada072f4672eebab38016123311e547 Mon Sep 17 00:00:00 2001 From: "Rep. Gianforte, Greg [R-MT-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 212/984] House-1972: Engrossed in House --- bills_text/House-1972.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-1972.txt b/bills_text/House-1972.txt index 3040ddb..5c176dc 100644 --- a/bills_text/House-1972.txt +++ b/bills_text/House-1972.txt @@ -2,24 +2,9 @@ 1st Session H. R. 1972 - To designate the facility of the United States Postal Service located - at 1100 West Kent Avenue in Missoula, Montana, as the ``Jeannette - Rankin Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 28, 2019 - -Mr. Gianforte introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -39,4 +24,22 @@ and designated as the ``Jeannette Rankin Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jeannette Rankin Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 1972 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 1100 West Kent Avenue in Missoula, Montana, as the ``Jeannette + Rankin Post Office Building''. From 2e5393b121760934c2a2f48ea1ab3e48b89c9282 Mon Sep 17 00:00:00 2001 From: "Rep. Gianforte, Greg [R-MT-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 213/984] House-1972: Enrolled --- bills_text/House-1972.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-1972.txt b/bills_text/House-1972.txt index 5c176dc..9eec537 100644 --- a/bills_text/House-1972.txt +++ b/bills_text/House-1972.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 1972 + H.R.1972 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 1100 West Kent Avenue in Missoula, Montana, as the ``Jeannette - Rankin Post Office Building''. +To designate the facility of the United States Postal Service located at + 1100 West Kent Avenue in Missoula, Montana, as the ``Jeannette Rankin + Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. JEANNETTE RANKIN POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 1100 West Kent Avenue in Missoula, Montana, shall be known and designated as the ``Jeannette Rankin Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jeannette Rankin Post Office Building''. - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 1972 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 1100 West Kent Avenue in Missoula, Montana, as the ``Jeannette - Rankin Post Office Building''. + Vice President of the United States and + President of the Senate. From 19c94a091300c80ce2f66ef62be46620f7d20cb1 Mon Sep 17 00:00:00 2001 From: "Rep. Grijalva, Raul M. [D-AZ-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 214/984] House-2030: Introduced to House --- bills_text/House-2030.txt | 66 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 66 insertions(+) create mode 100644 bills_text/House-2030.txt diff --git a/bills_text/House-2030.txt b/bills_text/House-2030.txt new file mode 100644 index 0000000..59173b2 --- /dev/null +++ b/bills_text/House-2030.txt @@ -0,0 +1,66 @@ +116th CONGRESS + 1st Session + H. R. 2030 + + To direct the Secretary of the Interior to execute and carry out +agreements concerning Colorado River Drought Contingency Management and + Operations, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 2, 2019 + +Mr. Grijalva (for himself, Mr. Huffman, Mrs. Napolitano, Mr. Biggs, Mr. + Bishop of Utah, Mr. Calvert, Ms. Cheney, Mr. Curtis, Ms. DeGette, Mr. + Gallego, Mr. Gosar, Ms. Haaland, Mr. Horsford, Mrs. Kirkpatrick, Mr. +Lamborn, Mr. Levin of California, Mrs. Lesko, Mr. Lowenthal, Mr. Lujan, + Mr. McAdams, Mr. O'Halleran, Mr. Perlmutter, Ms. Roybal-Allard, Mr. + Schiff, Mr. Schweikert, Mr. Stanton, Mr. Stewart, and Ms. Titus) + introduced the following bill; which was referred to the Committee on + Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To direct the Secretary of the Interior to execute and carry out +agreements concerning Colorado River Drought Contingency Management and + Operations, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Colorado River Drought Contingency +Plan Authorization Act''. + +SEC. 2. COLORADO RIVER BASIN DROUGHT CONTINGENCY PLANS. + + (a) In General.--Notwithstanding any other provision of law +expressly addressing the operation of the applicable Colorado River +System reservoirs, immediately upon execution of the March 19, 2019, +versions of the Agreement Concerning Colorado River Drought Contingency +Management and Operations and the agreements attached thereto as +Attachments A1, A2, and B, by all of the non-Federal parties thereto, +the Secretary of the Interior shall, without delay, execute such +agreements, and is directed and authorized to carry out the provisions +of such agreements and operate applicable Colorado River System +reservoirs accordingly. + (b) Effect.--Nothing in this section shall-- + (1) be construed or interpreted as precedent for the + litigation of, or as altering, affecting, or being deemed as a + congressional determination regarding, the water rights of the + United States, any Indian Tribe, band, or community, any State + or political subdivision or district of a State, or any person; + or + (2) exempt the implementation of such agreements and the + operation of applicable Colorado River System reservoirs from + any requirements of applicable Federal environmental laws. + \ No newline at end of file From e1e4811eae68e5242e68ff0f89f8e4fdee53400b Mon Sep 17 00:00:00 2001 From: "Rep. Grijalva, Raul M. [D-AZ-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 215/984] House-2030: Engrossed in House --- bills_text/House-2030.txt | 43 ++++++++++++++++++--------------------- 1 file changed, 20 insertions(+), 23 deletions(-) diff --git a/bills_text/House-2030.txt b/bills_text/House-2030.txt index 59173b2..44f5028 100644 --- a/bills_text/House-2030.txt +++ b/bills_text/House-2030.txt @@ -2,30 +2,9 @@ 1st Session H. R. 2030 - To direct the Secretary of the Interior to execute and carry out -agreements concerning Colorado River Drought Contingency Management and - Operations, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 2, 2019 - -Mr. Grijalva (for himself, Mr. Huffman, Mrs. Napolitano, Mr. Biggs, Mr. - Bishop of Utah, Mr. Calvert, Ms. Cheney, Mr. Curtis, Ms. DeGette, Mr. - Gallego, Mr. Gosar, Ms. Haaland, Mr. Horsford, Mrs. Kirkpatrick, Mr. -Lamborn, Mr. Levin of California, Mrs. Lesko, Mr. Lowenthal, Mr. Lujan, - Mr. McAdams, Mr. O'Halleran, Mr. Perlmutter, Ms. Roybal-Allard, Mr. - Schiff, Mr. Schweikert, Mr. Stanton, Mr. Stewart, and Ms. Titus) - introduced the following bill; which was referred to the Committee on - Natural Resources - -_______________________________________________________________________ - - A BILL + AN ACT @@ -63,4 +42,22 @@ reservoirs accordingly. (2) exempt the implementation of such agreements and the operation of applicable Colorado River System reservoirs from any requirements of applicable Federal environmental laws. - \ No newline at end of file + + Passed the House of Representatives April 8, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2030 + +_______________________________________________________________________ + + AN ACT + + To direct the Secretary of the Interior to execute and carry out +agreements concerning Colorado River Drought Contingency Management and + Operations, and for other purposes. From a184dc8b3b7161c87cb0e09e196764680a5a2957 Mon Sep 17 00:00:00 2001 From: "Rep. Grijalva, Raul M. [D-AZ-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 216/984] House-2030: Received in Senate --- bills_text/House-2030.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-2030.txt b/bills_text/House-2030.txt index 44f5028..afeb151 100644 --- a/bills_text/House-2030.txt +++ b/bills_text/House-2030.txt @@ -2,6 +2,16 @@ 1st Session H. R. 2030 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 9, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -47,17 +57,6 @@ reservoirs accordingly. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2030 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To direct the Secretary of the Interior to execute and carry out -agreements concerning Colorado River Drought Contingency Management and - Operations, and for other purposes. + Clerk. From f410a0781a18cc9b7903dacbd6efc6f30abc64f5 Mon Sep 17 00:00:00 2001 From: "Rep. Grijalva, Raul M. [D-AZ-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 217/984] House-2030: Enrolled --- bills_text/House-2030.txt | 55 ++++++++++++++++----------------------- 1 file changed, 23 insertions(+), 32 deletions(-) diff --git a/bills_text/House-2030.txt b/bills_text/House-2030.txt index afeb151..da01a2e 100644 --- a/bills_text/House-2030.txt +++ b/bills_text/House-2030.txt @@ -1,37 +1,32 @@ -116th CONGRESS - 1st Session - H. R. 2030 + H.R.2030 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - April 9, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act - To direct the Secretary of the Interior to execute and carry out + To direct the Secretary of the Interior to execute and carry out agreements concerning Colorado River Drought Contingency Management and - Operations, and for other purposes. + Operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Colorado River Drought Contingency Plan Authorization Act''. - SEC. 2. COLORADO RIVER BASIN DROUGHT CONTINGENCY PLANS. - (a) In General.--Notwithstanding any other provision of law expressly addressing the operation of the applicable Colorado River System reservoirs, immediately upon execution of the March 19, 2019, @@ -43,20 +38,16 @@ agreements, and is directed and authorized to carry out the provisions of such agreements and operate applicable Colorado River System reservoirs accordingly. (b) Effect.--Nothing in this section shall-- - (1) be construed or interpreted as precedent for the - litigation of, or as altering, affecting, or being deemed as a - congressional determination regarding, the water rights of the - United States, any Indian Tribe, band, or community, any State - or political subdivision or district of a State, or any person; - or - (2) exempt the implementation of such agreements and the - operation of applicable Colorado River System reservoirs from - any requirements of applicable Federal environmental laws. - - Passed the House of Representatives April 8, 2019. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. + (1) be construed or interpreted as precedent for the litigation + of, or as altering, affecting, or being deemed as a congressional + determination regarding, the water rights of the United States, any + Indian Tribe, band, or community, any State or political + subdivision or district of a State, or any person; or + (2) exempt the implementation of such agreements and the + operation of applicable Colorado River System reservoirs from any + requirements of applicable Federal environmental laws. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From fb9fb78f9997d71902e9cb0ff0c2b7a6b5b50071 Mon Sep 17 00:00:00 2001 From: "Rep. Delgado, Antonio [D-NY-19]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 218/984] House-2151: Introduced to House --- bills_text/House-2151.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-2151.txt diff --git a/bills_text/House-2151.txt b/bills_text/House-2151.txt new file mode 100644 index 0000000..d47afea --- /dev/null +++ b/bills_text/House-2151.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 2151 + + To designate the facility of the United States Postal Service located + at 7722 South Main Street in Pine Plains, New York, as the ``Senior + Chief Petty Officer Shannon M. Kent Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 9, 2019 + + Mr. Delgado (for himself, Ms. Stefanik, Mr. Morelle, Miss Rice of New + York, and Mr. Brindisi) introduced the following bill; which was + referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 7722 South Main Street in Pine Plains, New York, as the ``Senior + Chief Petty Officer Shannon M. Kent Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SENIOR CHIEF PETTY OFFICER SHANNON M. KENT POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 7722 South Main Street in Pine Plains, New York, shall be +known and designated as the ``Senior Chief Petty Officer Shannon M. +Kent Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Senior +Chief Petty Officer Shannon M. Kent Post Office''. + \ No newline at end of file From 0be3ca8c0b1d11363d0d92760a63cd6b6e907405 Mon Sep 17 00:00:00 2001 From: "Rep. Delgado, Antonio [D-NY-19]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 219/984] House-2151: Engrossed in House --- bills_text/House-2151.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-2151.txt b/bills_text/House-2151.txt index d47afea..fcfe0cf 100644 --- a/bills_text/House-2151.txt +++ b/bills_text/House-2151.txt @@ -2,25 +2,9 @@ 1st Session H. R. 2151 - To designate the facility of the United States Postal Service located - at 7722 South Main Street in Pine Plains, New York, as the ``Senior - Chief Petty Officer Shannon M. Kent Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 9, 2019 - - Mr. Delgado (for himself, Ms. Stefanik, Mr. Morelle, Miss Rice of New - York, and Mr. Brindisi) introduced the following bill; which was - referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -41,4 +25,22 @@ Kent Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Senior Chief Petty Officer Shannon M. Kent Post Office''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2151 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 7722 South Main Street in Pine Plains, New York, as the ``Senior + Chief Petty Officer Shannon M. Kent Post Office''. From 965e65ad42e5651c21252c10441cc20401814da0 Mon Sep 17 00:00:00 2001 From: "Rep. Delgado, Antonio [D-NY-19]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 220/984] House-2151: Enrolled --- bills_text/House-2151.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-2151.txt b/bills_text/House-2151.txt index fcfe0cf..d463aea 100644 --- a/bills_text/House-2151.txt +++ b/bills_text/House-2151.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 2151 + H.R.2151 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 7722 South Main Street in Pine Plains, New York, as the ``Senior - Chief Petty Officer Shannon M. Kent Post Office''. +To designate the facility of the United States Postal Service located at + 7722 South Main Street in Pine Plains, New York, as the ``Senior Chief + Petty Officer Shannon M. Kent Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SENIOR CHIEF PETTY OFFICER SHANNON M. KENT POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 7722 South Main Street in Pine Plains, New York, shall be known and designated as the ``Senior Chief Petty Officer Shannon M. @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Senior Chief Petty Officer Shannon M. Kent Post Office''. - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2151 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 7722 South Main Street in Pine Plains, New York, as the ``Senior - Chief Petty Officer Shannon M. Kent Post Office''. + Vice President of the United States and + President of the Senate. From ebe6a0f1895fd74cd9154207595b96d6a4e79a90 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 221/984] House-2157: Introduced to House --- bills_text/House-2157.txt | 1790 +++++++++++++++++++++++++++++++++++++ 1 file changed, 1790 insertions(+) create mode 100644 bills_text/House-2157.txt diff --git a/bills_text/House-2157.txt b/bills_text/House-2157.txt new file mode 100644 index 0000000..66dc9ad --- /dev/null +++ b/bills_text/House-2157.txt @@ -0,0 +1,1790 @@ +116th CONGRESS + 1st Session + H. R. 2157 + +Making supplemental appropriations for the fiscal year ending September + 30, 2019, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 9, 2019 + + Mrs. Lowey introduced the following bill; which was referred to the + Committee on Appropriations, and in addition to the Committee on the + Budget, for a period to be subsequently determined by the Speaker, in + each case for consideration of such provisions as fall within the + jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + +Making supplemental appropriations for the fiscal year ending September + 30, 2019, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, That the following sums +are hereby appropriated, out of any money in the Treasury not otherwise +appropriated, and out of applicable corporate or other revenues, +receipts, and funds, for the several departments, agencies, +corporations, and other organizational units of Government for fiscal +year 2019, and for other purposes, namely: + + TITLE I + + DEPARTMENT OF AGRICULTURE + + AGRICULTURAL PROGRAMS + + Processing, Research and Marketing + + Office of the Secretary + + For an additional amount for the ``Office of the Secretary'', +$3,005,442,000, which shall remain available until December 31, 2020, +for necessary expenses related to losses of crops (including milk, on- +farm stored commodities, and harvested adulterated wine grapes), trees, +bushes, and vines, as a consequence of Hurricanes Michael and Florence, +other hurricanes, floods, tornadoes, typhoons, volcanic activity, +snowstorms, and wildfires occurring in calendar years 2018 and 2019 +under such terms and conditions as determined by the Secretary: +Provided, That the Secretary may provide assistance for such losses in +the form of block grants to eligible States and territories and such +assistance may include compensation to producers, as determined by the +Secretary, for past or future crop insurance premiums, forest +restoration, and poultry and livestock losses: Provided further, That +of the amounts provided under this heading, tree assistance payments +may be made under section 1501(e) of the Agricultural Act of 2014 (7 +U.S.C. 9081(e)) to eligible orchardists or nursery tree growers (as +defined in such section) of pecan trees with a tree mortality rate that +exceeds 7.5 percent (adjusted for normal mortality) and is less than 15 +percent (adjusted for normal mortality), to be available until +expended, for losses incurred during the period beginning January 1, +2018, and ending December 31, 2018: Provided further, That in the case +of producers impacted by volcanic activity that resulted in the loss of +crop land, or access to crop land, the Secretary shall consider all +measures available, as appropriate, to bring replacement land into +production: Provided further, That the total amount of payments +received under this heading and applicable policies of crop insurance +under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the +Noninsured Crop Disaster Assistance Program (NAP) under section 196 of +the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. +7333) shall not exceed 90 percent of the loss as determined by the +Secretary: Provided further, That the total amount of payments +received under this heading for producers who did not obtain a policy +or plan of insurance for an insurable commodity for the applicable crop +year under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for +the crop incurring the losses or did not file the required paperwork +and pay the service fee by the applicable State filing deadline for a +noninsurable commodity for the applicable crop year under NAP for the +crop incurring the losses shall not exceed 70 percent of the loss as +determined by the Secretary: Provided further, That producers +receiving payments under this heading, as determined by the Secretary, +shall be required to purchase crop insurance where crop insurance is +available for the next two available crop years, excluding tree +insurance policies, and producers receiving payments under this heading +shall be required to purchase coverage under NAP where crop insurance +is not available in the next two available crop years, as determined by +the Secretary: Provided further, That, not later than 120 days after +the end of fiscal year 2019, the Secretary shall submit a report to the +Congress specifying the type, amount, and method of such assistance by +State and territory: Provided further, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + Farm Service Agency + + emergency forest restoration program + + For an additional amount for the ``Emergency Forest Restoration +Program'', for necessary expenses related to the consequences of +Hurricanes Michael and Florence and wildfires occurring in calendar +year 2018, and other natural disasters, $480,000,000, to remain +available until expended: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Natural Resources Conservation Service + + watershed and flood prevention operations + + For an additional amount for ``Watershed and Flood Prevention +Operations'', for necessary expenses for the Emergency Watershed +Protection Program related to the consequences of Hurricanes Michael +and Florence and wildfires occurring in calendar year 2018, and other +natural disasters, $125,000,000, to remain available until expended: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Rural Development + + rural community facilities program account + + For an additional amount for the cost of grants for rural community +facilities programs as authorized by section 306 and described in +section 381E(d)(1) of the Consolidated Farm and Rural Development Act, +for necessary expenses related to the consequences of Hurricanes +Michael and Florence and wildfires occurring in calendar year 2018, and +other natural disasters, $150,000,000, to remain available until +expended: Provided, That sections 381E-H and 381N of the Consolidated +Farm and Rural Development Act are not applicable to the funds made +available under this heading: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 101. In addition to other amounts made available by section +309 of division A of the Additional Supplemental Appropriations for +Disaster Relief Requirements Act, 2017 (Public Law 115-72; 131 Stat. +1229), there is hereby appropriated $600,000,000 for the Secretary of +Agriculture to provide a grant to the Commonwealth of Puerto Rico for +disaster nutrition assistance in response to Presidentially declared +major disasters and emergencies: Provided, That the funds made +available to the Commonwealth of Puerto Rico under this section shall +remain available for obligation by the Commonwealth until September 30, +2020, and shall be in addition to funds otherwise made available: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + Sec. 102. In addition to amounts otherwise made available, out of +the funds made available under section 18 of the Food and Nutrition Act +of 2008, $25,200,000 shall be available for the Secretary to provide a +grant to the Commonwealth of the Northern Mariana Islands for disaster +nutrition assistance in response to the Presidentially declared major +disasters and emergencies: Provided, That funds made available to the +Commonwealth of the Northern Mariana Islands under this section shall +remain available for obligation by the Commonwealth until September 30, +2020: Provided further, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 103. For purposes of administering title I of subdivision 1 +of division B of the Bipartisan Budget Act of 2018 (Public Law 115- +123), losses to agricultural producers resulting from hurricanes shall +also include losses of peach and blueberry crops in calendar year 2017 +due to extreme cold: Provided, That the amounts provided by this +section are designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985: Provided further, That +amounts repurposed under this heading that were previously designated +by the Congress as an emergency requirement pursuant to the Balanced +Budget and Emergency Deficit Control Act of 1985 are designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 104. (a)(1) Except as provided in paragraph (2), a person or +legal entity is not eligible to receive a payment under the Market +Facilitation Program established pursuant to the Commodity Credit +Corporation Charter Act (15 U.S.C. 714 et seq.) if the average adjusted +gross income of such person or legal entity is greater than $900,000. + (2) Paragraph (1) shall not apply to a person or legal entity if at +least 75 percent of the adjusted gross income of such person or legal +entity is derived from farming, ranching, or forestry related +activities. + (b) A person or legal entity may not receive a payment under the +Market Facilitation Program described in subsection (a)(1), directly or +indirectly, of more than $125,000. + (c) In this section, the term ``average adjusted gross income'' has +the meaning given the term defined in section 760.1502 of title 7 Code +of Federal Regulations (as in effect July 18, 2018). + (d) The amount provided by this section is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 105. There is hereby appropriated $5,000,000, to remain +available until September 30, 2020, for the Secretary of Agriculture to +conduct an independent study, including a survey of participants, to +compare the impact of the additional benefits provided by section 309 +of Public Law 115-72 to the food insecurity, health status, and well- +being of low-income residents in Puerto Rico without such additional +benefits: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + Sec. 106. In addition to amounts otherwise made available, out of +the funds made available under section 18 of the Food and Nutrition Act +of 2008, $5,000,000 shall be available for the Secretary to provide a +grant to American Samoa for disaster nutrition assistance in response +to the Presidentially declared major disasters and emergencies: +Provided, That funds made available to the territory under this section +shall remain available for obligation by the territory until September +30, 2020: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 107. For an additional amount for the ``Emergency +Conservation Program'', for necessary expenses related to the +consequences of Hurricanes Michael and Florence and of wildfires +occurring in calendar year 2018, and other natural disasters, +$500,000,000, to remain available until expended: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + TITLE II + + DEPARTMENT OF COMMERCE + + Economic Development Administration + + economic development assistance programs + + (including transfers of funds) + + Pursuant to section 703 of the Public Works and Economic +Development Act (42 U.S.C. 3233), for an additional amount for +``Economic Development Assistance Programs'' for necessary expenses +related to flood mitigation, disaster relief, long-term recovery, and +restoration of infrastructure in areas that received a major disaster +designation as a result of Hurricanes Florence, Michael, and Lane, +Typhoons Yutu and Mangkhut, and of wildfires, volcanic eruptions, +earthquakes, and other natural disasters occurring in calendar year +2018, and tornadoes and floods occurring in calendar year 2019 under +the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 +U.S.C. 5121 et seq.), $600,000,000, to remain available until expended: + Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985: Provided +further, That within the amount appropriated, up to 2 percent of funds +may be transferred to the ``Salaries and Expenses'' account for +administration and oversight activities: Provided further, That within +the amount appropriated, $1,000,000 shall be transferred to the +``Office of Inspector General'' account for carrying out investigations +and audits related to the funding provided under this heading. + + National Oceanic and Atmospheric Administration + + operations, research, and facilities + + For an additional amount for ``Operations, Research, and +Facilities'' for necessary expenses related to the consequences of +Hurricanes Florence and Michael, Typhoon Yutu, and of wildfires, +$120,570,000, to remain available until September 30, 2020, as follows: + (1) $3,000,000 for repair and replacement of observing + assets, real property, and equipment; + (2) $11,000,000 for marine debris assessment and removal; + (3) $31,570,000 for mapping, charting, and geodesy + services; + (4) $25,000,000 to improve: (a) hurricane intensity + forecasting, including through deployment of unmanned ocean + observing platforms and enhanced data assimilation; (b) flood + prediction, forecasting, and mitigation capabilities; and (c) + wildfire prediction, detection, and forecasting; and + (5) $50,000,000 for Title IX Fund grants as authorized + under section 906(c) of division O of Public Law 114-113: + Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985: Provided +further, That the National Oceanic and Atmospheric Administration shall +submit a spending plan to the Committees on Appropriations of the House +of Representatives and the Senate for funding provided under subsection +(4) of this heading within 45 days after the date of enactment of this +Act. + + procurement, acquisition and construction + + For an additional amount for ``Procurement, Acquisition and +Construction'', $25,000,000, to remain available until September 30, +2021, for improvements to operational and research weather +supercomputing infrastructure and satellite ground services used for +hurricane intensity and track prediction; flood prediction, +forecasting, and mitigation; and wildfire prediction, detection, and +forecasting: Provided, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985: Provided further, That the National Oceanic and +Atmospheric Administration shall submit a spending plan to the +Committees on Appropriations of the House of Representatives and the +Senate within 45 days after the date of enactment of this Act. + + fishery disaster assistance + + For an additional amount for ``Fishery Disaster Assistance'' for +necessary expenses associated with the mitigation of fishery disasters, +$150,000,000, to remain available until expended: Provided, That funds +shall be used for mitigating the effects of commercial fishery failures +and fishery resource disasters declared by the Secretary of Commerce, +including those declared by the Secretary to be a direct result of +Hurricanes Florence and Michael and Typhoons Yutu and Mangkhut: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF JUSTICE + + United States Marshals Service + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'' for +necessary expenses related to the consequences of Hurricanes Florence +and Michael and Typhoon Yutu, $1,336,000: Provided, That such amount +is designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Federal Prison System + + buildings and facilities + + For an additional amount for ``Buildings and Facilities'' for +necessary expenses related to the consequences of Hurricanes Florence +and Michael and Typhoon Yutu, $28,400,000, to remain available until +expended: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + RELATED AGENCIES + + Legal Services Corporation + + payment to the legal services corporation + + For an additional amount for ``Payment to the Legal Services +Corporation'' to carry out the purposes of the Legal Services +Corporation Act by providing for necessary expenses related to the +consequences of Hurricanes Florence, Michael, and Lane, Typhoons Yutu +and Mangkhut, calendar year 2018 wildfires, volcanic eruptions, and +earthquakes, and calendar year 2019 tornadoes and floods, $15,000,000: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985: Provided +further, That none of the funds appropriated in this Act to the Legal +Services Corporation shall be expended for any purpose prohibited or +limited by, or contrary to any of the provisions of, sections 501, 502, +503, 504, 505, and 506 of Public Law 105-119, and all funds +appropriated in this Act to the Legal Services Corporation shall be +subject to the same terms and conditions set forth in such sections, +except that all references in sections 502 and 503 to 1997 and 1998 +shall be deemed to refer instead to 2018 and 2019, respectively, and +except that sections 501 and 503 of Public Law 104-134 (referenced by +Public Law 105-119) shall not apply to the amount made available under +this heading: Provided further, That, for the purposes of this Act, +the Legal Services Corporation shall be considered an agency of the +United States Government. + + TITLE III + + DEPARTMENT OF DEFENSE + + Operation and Maintenance, Marine Corps + + For an additional amount for ``Operation and Maintenance, Marine +Corps'', $200,000,000, for necessary expenses related to the +consequences of Hurricanes Michael and Florence: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985: Provided further, That +notwithstanding section 284 of title 10, United States Code, or any +other provision of law, funds made available under this heading may +only be used for the purposes specifically described under this +heading. + + Operation and Maintenance, Air Force + + For an additional amount for ``Operation and Maintenance, Air +Force'', $400,000,000, for necessary expenses related to the +consequences of Hurricanes Michael and Florence: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985: Provided further, That +notwithstanding section 284 of title 10, United States Code, or any +other provision of law, funds made available under this heading may +only be used for the purposes specifically described under this +heading. + + TITLE IV + + CORPS OF ENGINEERS--CIVIL + + DEPARTMENT OF THE ARMY + + investigations + + For an additional amount for ``Investigations'' for necessary +expenses related to the completion, or initiation and completion, of +flood and storm damage reduction, including shore protection, studies +which are currently authorized or which are authorized after the date +of enactment of this Act, to reduce risk from future floods and +hurricanes, at full Federal expense, $35,000,000, to remain available +until expended, in States and insular areas that were impacted by +Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, +and Tropical Storm Gita: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985: Provided further, That the Assistant Secretary of the +Army for Civil Works shall provide a monthly report directly to the +Committees on Appropriations of the House and the Senate detailing the +allocation and obligation of these funds, including new studies +selected to be initiated using funds provided under this heading, +beginning not later than 60 days after the date of enactment of this +Act. + + construction + + For an additional amount for ``Construction'' for necessary +expenses, $740,000,000, to remain available until expended, to +construct flood and storm damage reduction, including shore protection, +projects which are currently authorized or which are authorized after +the date of enactment of this Act, and flood and storm damage +reduction, including shore protection, projects which have signed +Chief's Reports as of the date of enactment of this Act or which are +studied using funds provided under the heading ``Investigations'' if +the Secretary determines such projects to be technically feasible, +economically justified, and environmentally acceptable, in States and +insular areas that were impacted by Hurricanes Florence and Michael, +Typhoon Mangkhut, Super Typhoon Yutu, and Tropical Storm Gita: +Provided, That projects receiving funds provided under the first +proviso in ``Corps of Engineers-Civil--Department of the Army-- +Construction'' in Public Law 115-123 shall not be eligible for funding +provided under this heading: Provided further, That for projects +receiving funding under this heading, the provisions of section 902 of +the Water Resources Development Act of 1986 shall not apply to these +funds: Provided further, That the completion of ongoing construction +projects receiving funds provided under this heading shall be at full +Federal expense with respect to such funds: Provided further, That +using funds provided under this heading, the non-Federal cash +contribution for projects other than ongoing construction projects +shall be financed in accordance with the provisions of section 103(k) +of Public Law 99-662 over a period of 30 years from the date of +completion of the project or separable element: Provided further, That +of this amount, $45,000,000 shall be used to initiate, at full Federal +expense, construction of authorized Corps of Engineers ecosystem +restoration projects that have incidental flood risk management +benefits in areas impacted by Hurricanes Irma and Maria: Provided +further, That up to $25,000,000 of the funds made available under this +heading shall be used for continuing authorities projects to reduce the +risk of flooding and storm damage: Provided further, That any projects +using funds appropriated under this heading shall be initiated only +after non-Federal interests have entered into binding agreements with +the Secretary requiring, where applicable, the non-Federal interests to +pay 100 percent of the operation, maintenance, repair, replacement, and +rehabilitation costs of the project and to hold and save the United +States free from damages due to the construction or operation and +maintenance of the project, except for damages due to the fault or +negligence of the United States or its contractors: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985: Provided +further, That the Assistant Secretary of the Army for Civil Works shall +provide a monthly report directly to the Committees on Appropriations +of the House of Representatives and the Senate detailing the allocation +and obligation of these funds, beginning not later than 60 days after +the date of the enactment of this Act. + + mississippi river and tributaries + + For an additional amount for ``Mississippi River and Tributaries'' +for necessary expenses to address emergency situations at Corps of +Engineers projects and rehabilitate and repair damages to Corps of +Engineers projects, caused by natural disasters, including disasters in +2019, $575,000,000, to remain available until expended: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985: Provided further, That the +Assistant Secretary of the Army for Civil Works shall provide a monthly +report directly to the Committees on Appropriations of the House of +Representatives and the Senate detailing the allocation and obligation +of these funds, beginning not later than 60 days after the date of +enactment of this Act. + + operation and maintenance + + For an additional amount for ``Operation and Maintenance'' for +necessary expenses to dredge Federal navigation projects in response +to, and repair damages to Corps of Engineers Federal projects caused +by, natural disasters, including disasters in 2019, $908,000,000, to +remain available until expended, of which such sums as are necessary to +cover the Federal share of eligible operation and maintenance costs for +coastal harbors and channels, and for inland harbors shall be derived +from the Harbor Maintenance Trust Fund: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985: Provided further, That the +Assistant Secretary of the Army for Civil Works shall provide a monthly +report directly to the Committees on Appropriations of the House of +Representatives and the Senate detailing the allocation and obligation +of these funds, beginning not later than 60 days after the date of +enactment of this Act. + + flood control and coastal emergencies + + For an additional amount for ``Flood Control and Coastal +Emergencies'', as authorized by section 5 of the Act of August 18, 1941 +(33 U.S.C. 701n), for necessary expenses to prepare for flood, +hurricane and other natural disasters and support emergency operations, +repairs, and other activities in response to such disasters, including +disasters in 2019, as authorized by law, $510,000,000, to remain +available until expended: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985: Provided further, That the Assistant Secretary of the +Army for Civil Works shall provide a monthly report to the Committees +on Appropriations of the House of Representatives and the Senate +detailing the allocation and obligation of these funds, beginning not +later than 60 days after the date of enactment of this Act. + + DEPARTMENT OF THE INTERIOR + + Central Utah Project + + central utah project completion account + + For an additional amount for ``Central Utah Project Completion +Account'', $350,000, to be deposited into the Utah Reclamation +Mitigation and Conservation Account for use by the Utah Reclamation +Mitigation and Conservation Commission, to remain available until +expended, for expenses necessary in carrying out fire remediation +activities related to wildfires in 2018: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Bureau of Reclamation + + water and related resources + + For an additional amount for ``Water and Related Resources'', +$17,000,000, to remain available until expended, for fire remediation +and suppression emergency assistance related to wildfires in 2017 and +2018: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF ENERGY + + ENERGY PROGRAMS + + electricity delivery + + For an additional amount for ``Electricity Delivery'', $15,500,000, +to remain available until expended, for necessary expenses related to +the consequences of Hurricanes Harvey, Irma, and Maria, and Super +Typhoon Yutu, including technical assistance related to electric grids: + Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985: Provided +further, That the Assistant Secretary of Electricity Delivery shall +provide a monthly report to the Committees on Appropriations of the +House of Representatives and the Senate detailing the allocation and +obligation of these funds, beginning not later than 60 days after the +date of enactment of this Act. + + TITLE V + + DEPARTMENT OF HOMELAND SECURITY + + SECURITY, ENFORCEMENT, AND INVESTIGATIONS + + Coast Guard + + operations and support + + For an additional amount for ``Operations and Support'' for +necessary expenses related to the consequences of Hurricanes Michael, +Florence, and Lane, Tropical Storm Gordon, and Typhoon Mangkhut, +$48,977,000; of which $46,977,000 shall remain available until +September 30, 2020, and of which $2,000,000 shall remain available +until September 30, 2023, for environmental compliance and restoration: + Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + procurement, construction, and improvements + + For an additional amount for ``Procurement, Construction, and +Improvements'' for necessary expenses related to the consequences of +Hurricanes Michael, Florence, and Lane, Tropical Storm Gordon, and +Typhoon Mangkhut, $476,755,000, to remain available until September 30, +2023: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 501. (a) In General.--The Federal share of assistance provided +for DR-4336-PR, DR-4339-PR, DR-4340-USVI and DR-4335-USVI under +sections 403, 406, and 407 of the Robert T. Stafford Disaster Relief +and Emergency Assistance Act (42 U.S.C. 5170b and 5173) shall be 100 +percent of the eligible costs under such sections. + (b) Applicability.--The Federal share provided by subsection (a) +shall apply to disaster assistance applied for before, on, or after the +date of enactment of this Act. + Sec. 502. The Administrator of the Federal Emergency Management +Agency shall provide assistance, pursuant to section 428 of the Robert +T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. +5121 et seq.), for critical services as defined in section 406 of the +Robert T. Stafford Disaster Relief and Emergency Assistance Act for the +duration of the recovery for incidents DR-4404, DR-4396, and DR-4398 +to-- + (1) replace or restore the function of a facility or system + to industry standards without regard to the pre-disaster + condition of the facility or system; and + (2) replace or restore components of the facility or system + not damaged by the disaster where necessary to fully effectuate + the replacement or restoration of disaster-damaged components + to restore the function of the facility or system to industry + standards. + Sec. 503. Section 20601 of Public Law 115-123 (132 Stat. 85) is +amended by striking ``may'' and inserting ``shall''. Provided, That +the amounts provided by this section are designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985: +Provided further, That amounts repurposed under this heading that were +previously designated by the Congress as an emergency requirement +pursuant to the Balanced Budget and Emergency Deficit Control Act of +1985 are designated by the Congress as an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + Sec. 504. (a) In General.--The President shall make a contribution +under section 406 of the Robert T. Stafford Disaster Relief and +Emergency Assistance Act (42 U.S.C. 5172) for each eligible rural +medical facility that was damaged or destroyed by a major disaster +during calendar year 2015, regardless of whether the operations of such +medical facility were subsequently carried out in a temporary +replacement facility. Such contribution shall be sufficient to provide +for a full permanent replacement of each such medical facility to the +resiliency standards described in subsection (b). + (b) Resiliency Standards.--A permanent replacement facility +provided for under this section shall meet-- + (1) the definition of resilient developed pursuant to + section 406(e) of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5172(e)); and + (2) any relevant consensus-based codes, specifications, and + standards. + (c) Temporary Replacement Facility.--In any case in which the +President, acting through the Federal Emergency Management Agency, has +provided funding to lease or purchase a temporary replacement facility +to house the operations of an eligible rural medical facility for which +a permanent replacement facility is required under this section, the +President shall continue such funding until a permanent replacement +facility is operational, including for any period of time for which +funding has not otherwise been provided. + (d) Hospital Successor Entity.--A transfer in ownership of an +eligible rural medical facility or of a permanent replacement facility, +or the execution of a transaction by the owner of an eligible rural +medical facility resulting in different ownership of a permanent +replacement facility, shall not affect the requirement in subsection +(a) to provide for a full replacement of the facility for which funds +are provided under this section, provided that such funds are provided +to an entity otherwise eligible for assistance under section 406 of the +Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 +U.S.C. 5172). + (e) Definition of Eligible Rural Medical Facility.--In this +section, the term ``eligible rural medical facility'' means a private +nonprofit hospital facility-- + (1) located in a county with a population below 40,000, as + determined by the most recent decennial census; + (2) that sustained damage during calendar year 2015 that + was eligible for financial assistance under section 406 of the + Robert T. Stafford Disaster Relief and Emergency Assistance Act + (42 U.S.C. 5172); and + (3) that was closed following damage sustained during a + major disaster and remains closed as of the date of enactment + of this Act. + (f) The amounts provided by this section are designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 505. (a) In General.--The President shall make a contribution +under section 406 of the Robert T. Stafford Disaster Relief and +Emergency Assistance Act (42 U.S.C. 5172) to the applicable State or +local government for each eligible hydroelectric facility that was +damaged or destroyed by a major disaster during calendar year 2015 to +carry out the improvements for which such contribution was provided +under this section. + (b) Contribution.--Each contribution provided for improvements to +an eligible hydroelectric facility under subsection (a) shall be +sufficient to-- + (1) rebuild canal embankments to meet all applicable + guidelines in the Engineering Guidelines for the Evaluation of + Hydropower Projects prepared by the Federal Energy Regulatory + Commission; + (2) restore all other water-control and retaining + structures to meet all applicable such Engineering Guidelines; + and + (3) provide for either-- + (A) the restoration of the eligible hydroelectric + facility to full operation of its function as a primary + water source and hydroelectric power supply; or + (B) the establishment of an alternative primary + water source and the restoration of the full operation + of the hydroelectric power supply function of the + eligible hydroelectric facility pursuant to the + requirements of subsection (c). + (c) Alternative Contribution.--A contribution may cover the +establishment of an alternative primary water source under subsection +(b)(3)(B) only if-- + (1) the water source could provide redundancy to the water + supply provided by an eligible hydroelectric facility; + (2) the water source is approved by any applicable + regulatory agencies; and + (3) the cost of the establishment of such water source and + the restoration of the full operation of the hydroelectric + power supply function of the eligible hydroelectric facility is + less than the cost of restoring the eligible hydroelectric + facility to full operation as described under subsection + (b)(3)(A). + (d) Resiliency Standards.--An improvement carried out under this +section shall meet the definition of resilient developed pursuant to +section 406(e) of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5172(e)). + (e) Definition of Eligible Hydroelectric Facility.--In this +section, the term ``eligible hydroelectric facility'' means a +hydroelectric facility that-- + (1) is part of a system that provides the primary water + source for more than 200,000 people; + (2) sustained damage eligible for financial assistance + under section 406 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5172); + (3) is licensed by the Federal Energy Regulatory Commission + under part I of the Federal Power Act (16 U.S.C. 792 et seq.); + and + (4) has been assigned a significant hazard potential + classification in accordance with chapter 1 of the Engineering + Guidelines for the Evaluation of Hydropower Projects prepared + by the Federal Energy Regulatory Commission. + (f) The amounts provided by this section are designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + TITLE VI + + DEPARTMENT OF THE INTERIOR + + United States Fish and Wildlife Service + + construction + + For an additional amount for ``Construction'' for necessary +expenses related to the consequences of Hurricanes Florence, Lane, and +Michael, and flooding associated with major declared disaster DR-4365, +and calendar year 2018 earthquakes, $82,400,000, to remain available +until expended: Provided, That of this amount $50,000,000 shall be +used to restore and rebuild national wildlife refuges and increase the +resiliency and capacity of coastal habitat and infrastructure to +withstand storms and reduce the amount of damage caused by such storms: + Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + National Park Service + + historic preservation fund + + For an additional amount for the ``Historic Preservation Fund'' for +necessary expenses related to the consequences of Hurricanes Florence +and Michael, and Typhoon Yutu, $50,000,000, to remain available until +September 30, 2022, including costs to States and territories necessary +to complete compliance activities required by section 306108 of title +54, United States Code (formerly section 106 of the National Historic +Preservation Act) and costs needed to administer the program: +Provided, That grants shall only be available for areas that have +received a major disaster declaration pursuant to the Robert T. +Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 +et seq.): Provided further, That individual grants shall not be +subject to a non-Federal matching requirement: Provided further, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + construction + + For an additional amount for ``Construction'' for necessary +expenses related to the consequences of Hurricanes Florence and +Michael, Typhoons Yutu and Mangkhut, and calendar year 2018 wildfires, +earthquakes, and volcanic eruptions, $78,000,000, to remain available +until expended: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + United States Geological Survey + + surveys, investigations, and research + + For an additional amount for ``Surveys, Investigations, and +Research'' for necessary expenses related to the consequences of +Hurricanes Florence and Michael, and calendar year 2018 wildfires, +earthquake damage associated with emergency declaration EM-3410, and in +those areas impacted by a major disaster declared pursuant to the +Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 +U.S.C. 5121 et seq.) with respect to calendar year 2018 wildfires or +volcanic eruptions, $98,500,000, to remain available until expended: +Provided, That of this amount, $72,310,000 is for costs related to the +repair and replacement of equipment and facilities damaged by disasters +in 2018: Provided further, That, not later than 90 days after the date +of enactment of this Act, the Survey shall submit a report to the +Committees on Appropriations that describes the potential options to +replace the facility damaged by the 2018 volcano disaster along with +cost estimates and a description of how the Survey will provide direct +access for monitoring volcanic activity and the potential threat to at- +risk communities: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Departmental Offices + + Insular Affairs + + assistance to territories + + For an additional amount for ``Technical Assistance'' for financial +management expenses related to the consequences of Typhoon Yutu, +$2,000,000, to remain available until expended: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Office of Inspector General + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'' for +necessary expenses related to the consequences of major disasters +declared pursuant to the Robert T. Stafford Disaster Relief and +Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 2018, $1,000,000, +to remain available until expended: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + ENVIRONMENTAL PROTECTION AGENCY + + Science and Technology + + For an additional amount for ``Science and Technology'' for +necessary expenses related to improving preparedness of the water +sector, $600,000, to remain available until expended: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + Leaking Underground Storage Tank Trust Fund Program + + For an additional amount for ``Leaking Underground Storage Tank +Fund'' for necessary expenses related to the consequences of Hurricanes +Florence and Michael, calendar year 2018 earthquakes, and Typhoon Yutu, +$1,500,000, to remain available until expended: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + State and Tribal Assistance Grants + + For additional amounts for ``State and Tribal Assistance Grants'' +for necessary expenses related to the consequences of Hurricanes +Florence and Michael and calendar year 2018 earthquakes for the +hazardous waste financial assistance grants program, $1,500,000, to +remain available until expended; for necessary expenses related to the +consequences of Typhoon Yutu for the hazardous waste financial +assistance grants program and for other solid waste management +activities, $56,000,000, to remain available until expended, provided +that none of these funds shall be subject to section 3011(b) of the +Solid Waste Disposal Act; and for grants under section 106 of the +Federal Water Pollution Control Act, $5,000,000, to remain available +until expended, to address impacts of Hurricane Florence, Hurricane +Michael, Typhoon Yutu, and calendar year 2018 wildfires, +notwithstanding subsections (b), (e), and (f), of such section: +Provided, That such amounts are designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + For an additional amount for ``State and Tribal Assistance +Grants'', $349,400,000 to remain available until expended, of which +$53,300,000 shall be for capitalization grants for the Clean Water +State Revolving Funds under title VI of the Federal Water Pollution +Control Act, and of which $296,100,000 shall be for capitalization +grants under section 1452 of the Safe Drinking Water Act: Provided, +That notwithstanding section 604(a) of the Federal Water Pollution +Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, +funds appropriated herein shall be provided to States or Territories in +EPA Regions 4, 9, and 10 in amounts determined by the Administrator for +wastewater treatment works and drinking water facilities impacted by +Hurricanes Florence and Michael, Typhoon Yutu, and calendar year 2018 +wildfires and earthquakes: Provided further, That notwithstanding the +requirements of section 603(i) of the Federal Water Pollution Control +Act and section 1452(d) of the Safe Drinking Water Act, for the funds +appropriated herein, each State shall use not less than 20 percent but +not more than 30 percent of the amount of its capitalization grants to +provide additional subsidization to eligible recipients in the form of +forgiveness of principal, negative interest loans or grants or any +combination of these: Provided further, That the Administrator shall +retain $10,400,000 of the funds appropriated herein for grants for +drinking water facilities and waste water treatment plants impacted by +Typhoon Yutu: Provided further, That the funds appropriated herein +shall be used for eligible projects whose purpose is to reduce flood or +fire damage risk and vulnerability or to enhance resiliency to rapid +hydrologic change or natural disaster at treatment works as defined by +section 212 of the Federal Water Pollution Control Act or any eligible +facilities under section 1452 of the Safe Drinking Water Act, and for +other eligible tasks at such treatment works or facilities necessary to +further such purposes: Provided further, That the Administrator of the +Environmental Protection Agency may retain up to $1,000,000 of the +funds appropriated herein for management and oversight: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + In addition, for an additional amount for ``State and Tribal +Assistance Grants'', $500,000,000, to remain available until expended, +of which $261,000,000 shall be for capitalization grants for the Clean +Water State Revolving Funds under title VI of the Federal Water +Pollution Control Act, and of which $239,000,000 shall be for +capitalization grants under section 1452 of the Safe Drinking Water +Act: Provided, That notwithstanding section 604(a) of the Federal +Water Pollution Control Act and section 1452(a)(1)(D) of the Safe +Drinking Water Act, funds appropriated herein shall be provided to +States or Territories in EPA Regions 2, 4, and 6 in amounts determined +by the Administrator for wastewater and drinking water treatment works +and facilities impacted by Hurricanes Harvey, Irma, and Maria: +Provided further, That, for Region 2, such funds allocated from funds +appropriated herein shall not be subject to the matching or cost share +requirements of sections 602(b)(2), 602(b)(3) of the Federal Water +Pollution Control Act nor the matching requirements of section 1452(e) +of the Safe Drinking Water Act: Provided further, That, for Region 2, +notwithstanding the requirements of section 603(i) of the Federal Water +Pollution Control Act and section 1452(d) of the Safe Drinking Water +Act, each State and Territory shall use the full amount of its +capitalization grants allocated from funds appropriated herein to +provide additional subsidization to eligible recipients in the form of +forgiveness of principal, negative interest loans or grants or any +combination of these: Provided further, That, for Regions 4 and 6, +notwithstanding the requirements of section 603(i) of the Federal Water +Pollution Control Act and section 1452(d) of the Safe Drinking Water +Act, for the funds allocated, each State shall use not less than 20 +percent but not more than 30 percent amount of its capitalization +grants allocated from funds appropriated herein to provide additional +subsidization to eligible recipients in the form of forgiveness of +principal, negative interest loans or grants or any combination of +these: Provided further, That the Administrator shall retain +$74,600,000 of the funds appropriated herein for grants to any State or +territory that has not established a water pollution control revolving +fund pursuant to title VI of the Federal Water Pollution Control Act or +section 1452 of the Safe Drinking Water Act for drinking water +facilities and waste water treatment plants impacted by Hurricanes Irma +and Maria: Provided further, That the funds appropriated herein shall +only be used for eligible projects whose purpose is to reduce flood +damage risk and vulnerability or to enhance resiliency to rapid +hydrologic change or a natural disaster at treatment works as defined +by section 212 of the Federal Water Pollution Control Act or any +eligible facilities under section 1452 of the Safe Drinking Water Act, +and for other eligible tasks at such treatment works or facilities +necessary to further such purposes: Provided further, That, for Region +2, notwithstanding section 603(d)(2) of the Federal Water Pollution +Control Act and section 1452(f)(2) of the Safe Drinking Water Act, +funds allocated from funds appropriated herein may be used to make +loans or to buy, refinance or restructure the debt obligations of +eligible recipients only where such debt was incurred on or after +September 20, 2017: Provided further, That the Administrator of the +Environmental Protection Agency may retain up to $1,000,000 of the +funds appropriated herein for management and oversight: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + RELATED AGENCIES + + DEPARTMENT OF AGRICULTURE + + Forest Service + + forest and rangeland research + + For an additional amount for ``Forest and Rangeland Research'' for +necessary expenses related to the consequences of Hurricanes Florence +and Michael, and the calendar year 2018 wildfires, $1,000,000, to +remain available until expended for the forest inventory and analysis +program: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + state and private forestry + + For an additional amount for ``State and Private Forestry'' for +necessary expenses related to the consequences of Hurricanes Florence +and Michael, and the calendar year 2018 wildfires, $12,000,000, to +remain available until expended: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + national forest system + + For an additional amount for ``National Forest System'' for +necessary expenses related to the consequences of Hurricanes Florence +and Michael, and the calendar year 2018 wildfires, $84,960,000, to +remain available until expended: Provided, That of this amount +$21,000,000 shall be used for hazardous fuels management activities: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + capital improvement and maintenance + + For an additional amount for ``Capital Improvement and +Maintenance'' for necessary expenses related to the consequences of +Hurricanes Florence and Michael, and the calendar year 2018 wildfires, +$36,040,000, to remain available until expended: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + wildland fire management + + (including transfer of funds) + + For an additional amount for ``Wildland Fire Management'', +$720,271,000, to remain available through September 30, 2022, for +urgent wildland fire suppression operations: Provided, That such funds +shall be solely available to be transferred to and merged with other +appropriations accounts from which funds were previously transferred +for wildland fire suppression in fiscal year 2018 to fully repay those +amounts: Provided further, That such amount is designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + National Institutes of Health + + national institute of environmental health sciences + + For an additional amount for ``National Institute of Environmental +Health Sciences'' for necessary expenses in carrying out activities set +forth in section 311(a) of the Comprehensive Environmental Response, +Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section +126(g) of the Superfund Amendments and Reauthorization Act of 1986 +related to the consequences of major disasters declared pursuant to the +Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 +U.S.C. 5121 et seq.) in 2018, $1,000,000, to remain available until +expended: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + GENERAL PROVISION--THIS TITLE + + Sec. 601. Not later than 45 days after the date of enactment of +this Act, the agencies receiving funds appropriated by this title shall +provide a detailed operating plan of anticipated uses of funds made +available in this title by State and Territory, and by program, +project, and activity, to the Committees on Appropriations: Provided, +That no such funds shall be obligated before the operating plans are +provided to the Committees: Provided further, That such plans shall be +updated, including obligations to date, and submitted to the Committees +on Appropriations every 60 days until all such funds are expended. + + TITLE VII + + DEPARTMENT OF LABOR + + Employment and Training Administration + + training and employment services + + (including transfer of funds) + + For an additional amount for ``Training and Employment Services'', +$50,000,000, for the dislocated workers assistance national reserve for +necessary expenses directly related to the consequences of Hurricanes +Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, wildfires +occurring in calendar year 2018, and tornadoes and floods occurring in +calendar year 2019, to remain available through September 30, 2020: +Provided, That the Secretary of Labor may transfer up to $1,000,000 of +such funds to any other Department of Labor account for reconstruction +and recovery needs, including worker protection activities: Provided +further, That these sums may be used to replace grant funds previously +obligated to the impacted areas: Provided further, That of the amount +provided, up to $500,000, to remain available until expended, shall be +transferred to ``Office of Inspector General'' for oversight of +activities responding to such consequences: Provided further, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Substance Abuse and Mental Health Services Administration + + health surveillance and program support + + For an additional amount for ``Health Surveillance and Program +Support'', $30,000,000, to remain available until September 30, 2019, +for grants, contracts and cooperative agreements for behavioral health +treatment, crisis counseling, and other related helplines, and for +other similar programs to provide support to individuals impacted by +Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, +wildfires occurring in 2018, and tornadoes and floods occurring in +calendar year 2019 in those areas for which a major disaster or +emergency has been declared under section 401 or 501 of the Robert T. +Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 +and 5191): Provided, That obligations incurred for the purposes +provided herein prior to the date of enactment of this Act may be +charged to funds appropriated under this heading: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Administration for Children and Families + + social services block grant + + For an additional amount for ``Social Services Block Grant'', +$250,000,000, which shall remain available through September 30, 2020, +for necessary expenses directly related to the consequences of +Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, +wildfires occurring in 2018, and tornadoes and floods occurring in +calendar year 2019 in those areas for which a major disaster or +emergency has been declared under section 401 or 501 of the Robert T. +Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 +and 5191): Provided, That notwithstanding section 2002 of the Social +Security Act, the distribution of such amount shall be limited to +States directly affected by these events: Provided further, That the +time limits in section 2002(c) of the Social Security Act shall not +apply to funds appropriated in this paragraph that are used for +renovation, repair or construction: Provided further, That funds +appropriated in this paragraph are in addition to the entitlement +grants authorized by section 2002(a)(1) of the Social Security Act and +shall not be available for such entitlement grants: Provided further, +That in addition to other uses permitted by title XX of the Social +Security Act, funds appropriated in this paragraph may be used for +health services (including mental health services), and for costs of +renovating, repairing, and construction of health care facilities +(including mental health facilities), child care centers, and other +social services facilities: Provided further, That of the amount +provided, up to $1,000,000, to remain available until expended, shall +be transferred to ``Office of the Secretary--Office of Inspector +General'' for oversight of activities responding to such hurricanes, +typhoons, wildfires, tornadoes, and floods: Provided further, That +funds appropriated in this paragraph shall not be available for costs +that are reimbursed by the Federal Emergency Management Agency, under a +contract for insurance, or by self-insurance: Provided further, That +obligations incurred for the purposes provided herein prior to the date +of enactment of this Act may be charged to funds appropriated under +this heading: Provided further, That up to $3,000,000 may be used to +supplement amounts available for the necessary expenses of +administering subtitle A of title XX of the Social Security Act: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + children and families services programs + + For an additional amount for ``Children and Families Services +Programs'', $60,000,000, to remain available until September 30, 2021, +for Head Start programs, including making payments under the Head Start +Act, for necessary expenses directly related to the consequences of +Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, +wildfires occurring in 2018, and tornadoes and floods occurring in +calendar year 2019 in those areas for which a major disaster or +emergency has been declared under section 401 or 501 of the Robert T. +Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 +and 5191): Provided, That none of the funds appropriated in this +paragraph shall be included in the calculation of the ``base grant'' in +subsequent fiscal years, as such term is defined in sections +640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act: +Provided further, That funds appropriated in this paragraph are not +subject to the allocation requirements of section 640(a) of the Head +Start Act: Provided further, That funds appropriated in this paragraph +shall not be available for costs that are reimbursed by the Federal +Emergency Management Agency, under a contract for insurance, or by +self-insurance: Provided further, That up to $2,000,000 shall be +available for Federal administrative expenses: Provided further, That +obligations incurred for the purposes provided herein prior to the date +of enactment of this Act may be charged to funds appropriated under +this heading: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + DEPARTMENT OF EDUCATION + + hurricane education recovery + + (including transfer of funds) + + For an additional amount for ``Hurricane Education Recovery'' for +necessary expenses related to the consequences of Hurricanes Florence +and Michael, Typhoon Mangkhut, Super Typhoon Yutu, the wildfires, +earthquakes, and volcanic eruptions occurring in calendar year 2018, +and tornadoes and floods occurring in calendar year 2019 in those areas +for which a major disaster or emergency has been declared under section +401 or 501 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5170 and 5191) (referred to under this +heading as a ``covered disaster or emergency''), $165,000,000, to +remain available through September 30, 2019: Provided, That such +assistance may be provided through any of the programs authorized under +this heading in title VIII of subdivision 1 of division B of Public Law +115-123 (as amended by Public Law 115-141), as determined by the +Secretary of Education, and subject to the terms and conditions that +applied to those programs, except that references to dates and school +years in Public Law 115-123 shall be deemed to be the corresponding +dates and school years for the covered disaster or emergency: Provided +further, That the Secretary of Education may determine the amounts to +be used for each such program and shall notify the Committees on +Appropriations of the House of Representatives and the Senate of these +amounts not later than 7 days prior to obligation: Provided further, +That $2,000,000 of the funds made available under this heading, to +remain available until expended, shall be transferred to the Office of +the Inspector General of the Department of Education for oversight of +activities supported with funds appropriated under this heading, and up +to $1,000,000 of the funds made available under this heading shall be +for program administration: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 701. (a) Section 1108(g)(5) of the Social Security Act (42 +U.S.C. 1308(g)(5)) is amended-- + (1) in subparagraph (A), by striking ``and (E)'' and + inserting ``(E), and (F)''; + (2) in subparagraph (C), in the matter preceding clause + (i), by striking ``and (E)'' and inserting ``and (F)''; + (3) by redesignating subparagraph (E) as subparagraph (F); + (4) by inserting after subparagraph (D), the following: + ``(E) Subject to subparagraph (F), for the period + beginning January 1, 2019, and ending September 30, + 2019, the amount of the increase otherwise provided + under subparagraph (A) for the Northern Mariana Islands + shall be further increased by $36,000,000.''; and + (5) in subparagraph (F) (as redesignated by paragraph (3) + of this section)-- + (A) by striking ``title XIX, during'' and inserting + ``title XIX-- + ``(i) during''; + (B) by striking ``and (D)'' and inserting ``, (D), + and (E)''; + (C) by striking ``and the Virgin Islands'' each + place it appears and inserting ``, the Virgin Islands, + and the Northern Mariana Islands''; + (D) by striking the period at the end and inserting + ``; and''; and + (E) by adding at the end the following: + ``(ii) for the period beginning January 1, + 2019, and ending September 30, 2019, with + respect to payments to Guam and American Samoa + from the additional funds provided under + subparagraph (A), the Secretary shall increase + the Federal medical assistance percentage or + other rate that would otherwise apply to such + payments to 100 percent.''. + (b) The amounts provided by the amendments made by subsection (a) +are designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + Sec. 702. Not later than 30 days after the date of enactment of +this Act, the Secretaries of Labor, Health and Human Services, and +Education shall provide a detailed spend plan of anticipated uses of +funds made available in this title, including estimated personnel and +administrative costs, to the Committees on Appropriations: Provided, +That such plans shall be updated and submitted to the Committees on +Appropriations every 60 days until all funds are expended or expire. + Sec. 703. The second proviso under the heading ``Hurricane +Education Recovery'' under the heading ``Department of Education'' +under title VIII of subdivision 1 of division B of the Bipartisan +Budget Act of 2018 (Public Law 115-123; 132 Stat. 95) is amended-- + (1) in paragraph (2)-- + (A) in subparagraph (I), by striking ``and'' after + the semicolon; and + (B) by adding at the end the following: + ``(K) assistance provided to an eligible entity + under this heading, including assistance provided to an + eligible entity before the date of enactment of the + Supplemental Appropriations Act, 2019, may be used by + the eligible entity for a purpose described in section + 406 of the Robert T. Stafford Disaster and Relief + Emergency Act (42 U.S.C. 5172), notwithstanding section + 102(e)(3) of title IV of division B of Public Law 109- + 148 (119 Stat. 2794), if the eligible entity will + receive funds for that purpose under such section 406; + and + ``(L) any duplicative Federal assistance provided + under this heading to an eligible entity may be + retained by the entity and used for other activities to + restart school operations in accordance with this + paragraph;''; + (2) in paragraph (9), by striking ``and'' after the + semicolon; + (3) by redesignating paragraph (10) as paragraph (11); and + (4) by inserting after paragraph (9) the following: + ``(10) amounts available under paragraph (4) that exceed + the amount required to meet the need for such funds as + determined by the Secretary as of December 31, 2018, shall be + available to carry out paragraph (3); and'': + Provided, That amounts repurposed pursuant to this section that were +previously designated by the Congress as an emergency requirement +pursuant to the Balanced Budget and Emergency Deficit Control Act are +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + TITLE VIII + + LEGISLATIVE BRANCH + + Government Accountability Office + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', +$10,000,000, to remain available until expended, for audits and +investigations related to Hurricanes Florence, Lane, and Michael, +Typhoons Yutu and Mangkhut, the calendar year 2018 wildfires, +earthquakes, and volcano eruptions, and other disasters declared +pursuant to the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5121 et seq.): Provided, That, not later +than 90 days after the date of enactment of this Act, the Government +Accountability Office shall submit to the Committees on Appropriations +of the House of Representatives and the Senate a spend plan specifying +funding estimates for audits and investigations of any such declared +disasters occurring in 2018 and identifying funding estimates or +carryover balances, if any, that may be available for audits and +investigations of any other such declared disasters: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE IX + + DEPARTMENT OF DEFENSE + + Military Construction, Navy and Marine Corps + + For an additional amount for ``Military Construction, Navy and +Marine Corps'', $115,000,000, to remain available until September 30, +2023, for planning and design related to the consequences of Hurricanes +Florence and Michael on Navy and Marine Corps installations: Provided, +That none of the funds shall be available for obligation until the +Committees on Appropriations of the House of Representatives and the +Senate receive a master plan for the installations and a form 1391 for +each specific project: Provided further, That, not later than 60 days +after enactment of this Act, the Secretary of the Navy, or his +designee, shall submit to the Committees on Appropriations of the House +of Representatives and the Senate a detailed expenditure plan for funds +provided under this heading: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985: Provided further, That +notwithstanding section 2808 of title 10, United States Code, or any +other provision of law, funds made available under this heading may +only be used for the purposes specifically described under this +heading. + + Military Construction, Air Force + + For an additional amount for ``Military Construction, Air Force'', +$700,000,000, to remain available until September 30, 2023, for +planning and design, and construction expenses related to the +consequences of Hurricane Michael: Provided, That none of the funds +shall be available for obligation until the Committees on +Appropriations of the House of Representatives and the Senate receive a +basing plan and future mission requirements for installations +significantly damaged by Hurricane Michael: Provided further, That, +not later than 60 days after enactment of this Act, the Secretary of +the Air Force, or his designee, shall submit to the Committees on +Appropriations of the House of Representatives and the Senate a +detailed expenditure plan for funds provided under this heading: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985: +Provided further, That notwithstanding section 2808 of title 10, United +States Code, or any other provision of law, funds made available under +this heading may only be used for the purposes specifically described +under this heading. + + Military Construction, Army National Guard + + For an additional amount for ``Military Construction, Army National +Guard'', $42,400,000, to remain available until September 30, 2023, for +necessary expenses related to the consequences of Hurricanes Florence +and Michael: Provided, That none of the funds shall be available for +obligation until the Committees on Appropriations of the House of +Representatives and the Senate receive form 1391 for each specific +request: Provided further, That, not later than 60 days after +enactment of this Act, the Director of the Army National Guard, or his +designee, shall submit to the Committees on Appropriations of the House +of Representatives and the Senate a detailed expenditure plan for funds +provided under this heading: Provided further, That such funds may be +obligated or expended for planning and design and military construction +projects not otherwise authorized by law: Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985: Provided further, That +notwithstanding section 2808 of title 10, United States Code, or any +other provision of law, funds made available under this heading may +only be used for the purposes specifically described under this +heading. + + DEPARTMENT OF VETERANS AFFAIRS + + Veterans Health Administration + + medical facilities + + (including transfer of funds) + + For an additional amount for ``Medical Facilities'', $3,000,000, to +remain available until September 30, 2023, for necessary expenses +related to the consequences of Hurricanes Florence and Michael and +Typhoons Mangkhut and Yutu: Provided, That the Secretary of Veterans +Affairs, upon determination that such action is necessary to address +needs as a result of the consequences of Hurricanes Florence and +Michael and Typhoons Mangkhut and Yutu, may transfer such funds to any +discretionary account of the Department of Veterans Affairs: Provided +further, That before a transfer may take place, the Secretary of +Veterans Affairs shall submit notice thereof to the Committee on +Appropriations of the House of Representatives and the Senate: +Provided further, That none of these funds shall be available for +obligation until the Secretary of Veterans Affairs submits to the +Committees on Appropriations of the House of Representatives and the +Senate a detailed expenditure plan for funds provided under this +heading: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + TITLE X + + DEPARTMENT OF TRANSPORTATION + + Federal Transit Administration + + public transportation emergency relief program + + For an additional amount for the ``Public Transportation Emergency +Relief Program'' as authorized under section 5324 of title 49, United +States Code, $10,542,000 to remain available until expended, for +transit systems affected by major declared disasters occurring in +calendar year 2018: Provided, That not more than three-quarters of 1 +percent of the funds for public transportation emergency relief shall +be available for administrative expenses and ongoing program management +oversight as authorized under sections 5334 and 5338(f)(2) of such +title and shall be in addition to any other appropriations for such +purpose: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Federal Aviation Administration + + operations + + (airport and airway trust fund) + + Of the amounts made available for ``Federal Aviation +Administration--Operations'' in division B of the Bipartisan Budget Act +of 2018 (Public Law 115-123), up to $18,000,000 shall also be available +for necessary expenses related to the consequences of major declared +disasters occurring in calendar year 2018: Provided, That amounts +repurposed under this heading that were previously designated by the +Congress as an emergency requirement pursuant to the Balanced Budget +and Emergency Deficit Control Act of 1985 are designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Federal Highway Administration + + emergency relief program + + For an additional amount for the Emergency Relief Program as +authorized under section 125 of title 23, United States Code, +$1,650,000,000, to remain available until expended: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT + + Community Planning and Development + + community development fund + + (including transfers of funds) + + For an additional amount for ``Community Development Fund'', +$2,210,000,000, to remain available until expended, for necessary +expenses for activities authorized under title I of the Housing and +Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to +disaster relief, long-term recovery, restoration of infrastructure and +housing, economic revitalization, and mitigation in the most impacted +and distressed areas resulting from a major disaster that occurred in +2018 or 2019 (except as otherwise provided under this heading) pursuant +to the Robert T. Stafford Disaster Relief and Emergency Assistance Act +(42 U.S.C. 5121 et seq.): Provided, That funds shall be awarded +directly to the State, unit of general local government, or Indian +tribe (as such term is defined in section 102 of the Housing and +Community Development Act of 1974) at the discretion of the Secretary: +Provided further, That of the amounts made available under this heading +$150,000,000 shall be allocated to meet unmet needs for restoration of +infrastructure for grantees that received allocations for disasters +that occurred in 2017 (excluding grantees that received allocations +related to disasters specified in section 501(a) of title V of this +Act) under this heading of division B of Public Law 115-56 and title XI +of subdivision 1 of division B of Public Law 115-123: Provided further, +That of the amounts provided in the previous proviso, the Secretary's +determination of unmet needs for restoration of infrastructure shall +not take into account mitigation-specific allocations: Provided +further, That any funds made available under this heading and under the +same heading in Public Law 115-254 that remain available, after the +funds under such headings have been allocated for necessary expenses +for activities authorized under such headings, shall be allocated to +grantees receiving awards for disasters that occurred in 2018 or 2019, +for mitigation activities in the most impacted and distressed areas +resulting from a major disaster that occurred in 2018 or 2019: +Provided further, That allocations under the previous proviso shall be +made in the same proportion that the amount of funds each grantee +received or will receive under this heading for unmet needs related to +disasters that occurred in 2018 or 2019 and the same heading in +division I of Public Law 115-254 bears to the amount of all funds +provided to all grantees that received allocations for disasters that +occurred in 2018 or 2019: Provided further, That of the amounts made +available under the text preceding the first proviso under this heading +and under the same heading in Public Law 115-254, the Secretary shall +allocate to all such grantees an aggregate amount not less than 33 +percent of the sum of such amounts of funds within 120 days after the +date of enactment of this Act based on the best available data, and +shall allocate no less than 100 percent of such funds by no later than +180 days after the date of enactment of this Act: Provided further, +That the Secretary shall not prohibit the use of funds made available +under this heading and the same heading in Public Law 115-254 for non- +Federal share as authorized by section 105(a)(9) of the Housing and +Community Development Act of 1974 (42 U.S.C. 5305(a)(9)): Provided +further, That of the amounts made available under this heading, +grantees may establish grant programs to assist small businesses for +working capital purposes to aid in recovery: Provided further, That as +a condition of making any grant, the Secretary shall certify in advance +that such grantee has in place proficient financial controls and +procurement processes and has established adequate procedures to +prevent any duplication of benefits as defined by section 312 of the +Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 +U.S.C. 5155), to ensure timely expenditure of funds, to maintain +comprehensive websites regarding all disaster recovery activities +assisted with these funds, and to detect and prevent waste, fraud, and +abuse of funds: Provided further, That with respect to any such +duplication of benefits, the Secretary shall act in accordance with +section 1210 of Public Law 115-254 (132 Stat. 3442) and section 312 of +the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 +U.S.C. 5155): Provided further, That the Secretary shall require +grantees to maintain on a public website information containing common +reporting criteria established by the Department that permits +individuals and entities awaiting assistance and the general public to +see how all grant funds are used, including copies of all relevant +procurement documents, grantee administrative contracts and details of +ongoing procurement processes, as determined by the Secretary: +Provided further, That prior to the obligation of funds a grantee shall +submit a plan to the Secretary for approval detailing the proposed use +of all funds, including criteria for eligibility and how the use of +these funds will address long-term recovery and restoration of +infrastructure and housing, economic revitalization, and mitigation in +the most impacted and distressed areas: Provided further, That such +funds may not be used for activities reimbursed by, or for which funds +have been made available by, the Federal Emergency Management Agency or +the Army Corps of Engineers, in excess of the authorized amount of the +project or its components: Provided further, That funds allocated +under this heading shall not be considered relevant to the non-disaster +formula allocations made pursuant to section 106 of the Housing and +Community Development Act of 1974 (42 U.S.C. 5306): Provided further, +That a State, unit of general local government, or Indian tribe may use +up to 5 percent of its allocation for administrative costs: Provided +further, That the first proviso under this heading in the Supplemental +Appropriations for Disaster Relief Requirements Act, 2018 (division I +of Public Law 115-254) is amended by striking ``State or unit of +general local government'' and inserting ``State, unit of general local +government, or Indian tribe (as such term is defined in section 102 of +the Housing and Community Development Act of 1974 (42 U.S.C. 5302))'': +Provided further, That the sixth proviso under this heading in the +Supplemental Appropriations for Disaster Relief Requirements Act, 2018 +(division I of Public Law 115-254) is amended by striking ``State or +subdivision thereof'' and inserting ``State, unit of general local +government, or Indian tribe (as such term is defined in section 102 of +the Housing and Community Development Act of 1974 (42 U.S.C. 5302))'': +Provided further, That in administering the funds under this heading, +the Secretary of Housing and Urban Development may waive, or specify +alternative requirements for, any provision of any statute or +regulation that the Secretary administers in connection with the +obligation by the Secretary or the use by the recipient of these funds +(except for requirements related to fair housing, nondiscrimination, +labor standards, and the environment), if the Secretary finds that good +cause exists for the waiver or alternative requirement and such waiver +or alternative requirement would not be inconsistent with the overall +purpose of title I of the Housing and Community Development Act of +1974: Provided further, That, notwithstanding the preceding proviso, +recipients of funds provided under this heading that use such funds to +supplement Federal assistance provided under section 402, 403, 404, +406, 407, 408(c)(4), or 502 of the Robert T. Stafford Disaster Relief +and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, +without review or public comment, any environmental review, approval, +or permit performed by a Federal agency, and such adoption shall +satisfy the responsibilities of the recipient with respect to such +environmental review, approval or permit: Provided further, That, +notwithstanding section 104(g)(2) of the Housing and Community +Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon +receipt of a request for release of funds and certification, +immediately approve the release of funds for an activity or project +assisted under this heading if the recipient has adopted an +environmental review, approval or permit under the preceding proviso or +the activity or project is categorically excluded from review under the +National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): +Provided further, That the Secretary shall publish via notice in the +Federal Register any waiver, or alternative requirement, to any statute +or regulation that the Secretary administers pursuant to title I of the +Housing and Community Development Act of 1974 no later than 5 days +before the effective date of such waiver or alternative requirement: +Provided further, That of the amounts made available under this +heading, up to $5,000,000 shall be made available for capacity building +and technical assistance, including assistance on contracting and +procurement processes, to support States, units of general local +government, or Indian tribes (and their subrecipients) that receive +allocations pursuant to this heading, received disaster recovery +allocations under the same heading in Public Law 115-254, or may +receive similar allocations for disaster recovery in future +appropriations Acts: Provided further, That of the amounts made +available under this heading and under the same heading in Public Law +115-254, up to $2,500,000 shall be transferred, in aggregate, to +``Department of Housing and Urban Development--Program Office Salaries +and Expenses--Community Planning and Development'' for necessary costs, +including information technology costs, of administering and overseeing +the obligation and expenditure of amounts under this heading: Provided +further, That the amount specified in the preceding proviso shall be +combined with funds appropriated under the same heading and for the +same purpose in Public Law 115-254 and the aggregate of such amounts +shall be available for any of the same such purposes specified under +this heading or the same heading in Public Law 115-254 without +limitation: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985: Provided further, That amounts repurposed under this +heading that were previously designated by the Congress as an emergency +requirement pursuant to the Balanced Budget and Emergency Deficit +Control Act are designated by the Congress as an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + GENERAL PROVISION--THIS TITLE + + Sec. 1001. (a) Amounts previously made available for activities +authorized under title I of the Housing and Community Development Act +of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term +recovery, restoration of infrastructure and housing, economic +revitalization, and mitigation in the most impacted and distressed +areas resulting from a major disaster, including funds provided under +section 145 of division C of Public Law 114-223, section 192 of +division C of Public Law 114-223 (as added by section 101(3) of +division A of Public Law 114-254), section 421 of division K of Public +Law 115-31, and any mitigation funding provided under the heading +``Department of Housing and Urban Development--Community Planning and +Development--Community Development Fund'' of Public Law 115-123, that +were allocated in response to Hurricane Matthew, may be used +interchangeably and without limitation for the same activities in the +most impacted and distressed areas related to Hurricane Florence. In +addition, any funds provided under the heading ``Department of Housing +and Urban Development--Community Planning and Development--Community +Development Fund'' in this Act or in division I of Public Law 115-254 +that are allocated in response to Hurricane Florence may be used +interchangeably and without limitation for the same activities in the +most impacted and distressed areas related to Hurricane Matthew. Until +HUD publishes the Federal Register Notice implementing this provision, +grantees may submit for HUD approval revised plans for the use of funds +related to Hurricane Matthew that expand the eligible beneficiaries of +existing programs contained in such previously approved plans to +include those impacted by Hurricane Florence. Approval of any such +revised plans shall include the execution of revised grant terms and +conditions as necessary. Once the implementing Notice is published, any +additional action plan revisions shall follow the requirements +contained therein. + (b) Amounts made available for administrative costs for activities +authorized under title I of the Housing and Community Development Act +of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term +recovery, restoration of infrastructure and housing, economic +revitalization, and mitigation in the most impacted and distressed +areas under this Act or any future Act, and amounts previously provided +under section 420 of division L of Public Law 114-113, section 145 of +division C of Public Law 114-223, section 192 of division C of Public +Law 114-223 (as added by section 101(3) of division A of Public Law +114-254), section 421 of division K of Public Law 115-31, and under the +heading ``Department of Housing and Urban Development--Community +Planning and Development--Community Development Fund'' of division B of +Public Law 115-56, Public Law 115-123, and Public Law 115-254, shall be +available for eligible administrative costs of the grantee related to +any disaster relief funding identified in this subsection without +regard to the particular disaster appropriation from which such funds +originated. + (c) The additional uses pursuant to this section for amounts that +were previously designated by the Congress, respectively, as an +emergency requirement or as being for disaster relief pursuant to the +Balanced Budget and Emergency Deficit Control Act are designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985 or as being for disaster relief pursuant to section +251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act +of 1985. + + TITLE XI + + GENERAL PROVISIONS--THIS ACT + + Sec. 1101. Each amount appropriated or made available by this Act +is in addition to amounts otherwise appropriated for the fiscal year +involved. + Sec. 1102. No part of any appropriation contained in this Act +shall remain available for obligation beyond the current fiscal year +unless expressly so provided herein. + Sec. 1103. Unless otherwise provided for by this Act, the +additional amounts appropriated by this division to appropriations +accounts shall be available under the authorities and conditions +applicable to such appropriations accounts for fiscal year 2019. + Sec. 1104. Each amount designated in this Act by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985 shall +be available (or rescinded or transferred, if applicable) only if the +President subsequently so designates all such amounts and transmits +such designations to the Congress. + Sec. 1105. Any amount appropriated by this Act designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985 and subsequently so designated by the President, and +transferred pursuant to transfer authorities provided by this division +shall retain such designation. + Sec. 1106. Of all amounts made available for mitigation activities +under the heading ``Department of Housing and Urban Development-- +Community Development Fund'' in Public Law 115-123, the Secretary shall +publish in the Federal Register the allocations to all eligible +grantees, and the necessary administrative requirements applicable to +such allocations within 90 days after enactment of this Act: + (1) For any plans or amendments addressing the use of any + funds provided under Public Law 115-123 and received by the + Secretary prior to December 22, 2018, the Secretary shall + review pending amendments within 15 days of enactment of this + Act and pending plans within 30 days of enactment of this Act. + (2) After the date of this Act, the Secretary may not apply + the statutory waiver or alternative requirement authority + provided by Public Law 115-123 to extend or otherwise alter + existing statutory and regulatory provisions governing the + timeline for review of required grantee plans. + Provided, That the amounts provided by this section are designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985: Provided further, That amounts repurposed under this +heading that were previously designated by the Congress as an emergency +requirement pursuant to the Balanced Budget and Emergency Deficit +Control Act of 1985 are designated by the Congress as an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + This Act may be cited as the ``Supplemental Appropriations Act, +2019''. + \ No newline at end of file From 5a83a20174b11e9c7e6a4d9bed43d210ecb833fe Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 222/984] House-2157: Engrossed in House --- bills_text/House-2157.txt | 292 +++++++++++++++++++++++--------------- 1 file changed, 174 insertions(+), 118 deletions(-) diff --git a/bills_text/House-2157.txt b/bills_text/House-2157.txt index 66dc9ad..6532695 100644 --- a/bills_text/House-2157.txt +++ b/bills_text/House-2157.txt @@ -2,26 +2,9 @@ 1st Session H. R. 2157 -Making supplemental appropriations for the fiscal year ending September - 30, 2019, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 9, 2019 - - Mrs. Lowey introduced the following bill; which was referred to the - Committee on Appropriations, and in addition to the Committee on the - Budget, for a period to be subsequently determined by the Speaker, in - each case for consideration of such provisions as fall within the - jurisdiction of the committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -29,12 +12,12 @@ Making supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes. Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, That the following sums -are hereby appropriated, out of any money in the Treasury not otherwise -appropriated, and out of applicable corporate or other revenues, -receipts, and funds, for the several departments, agencies, -corporations, and other organizational units of Government for fiscal -year 2019, and for other purposes, namely: +United States of America in Congress assembled, + That the following sums are hereby appropriated, out of any money +in the Treasury not otherwise appropriated, and out of applicable +corporate or other revenues, receipts, and funds, for the several +departments, agencies, corporations, and other organizational units of +Government for fiscal year 2019, and for other purposes, namely: TITLE I @@ -120,10 +103,11 @@ Act of 1985. Operations'', for necessary expenses for the Emergency Watershed Protection Program related to the consequences of Hurricanes Michael and Florence and wildfires occurring in calendar year 2018, and other -natural disasters, $125,000,000, to remain available until expended: -Provided, That such amount is designated by the Congress as being for -an emergency requirement pursuant to section 251(b)(2)(A)(i) of the -Balanced Budget and Emergency Deficit Control Act of 1985. +natural disasters, $125,000,000 (increased by $310,000,000), to remain +available until expended: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. Rural Development @@ -213,15 +197,15 @@ being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 106. In addition to amounts otherwise made available, out of the funds made available under section 18 of the Food and Nutrition Act -of 2008, $5,000,000 shall be available for the Secretary to provide a -grant to American Samoa for disaster nutrition assistance in response -to the Presidentially declared major disasters and emergencies: -Provided, That funds made available to the territory under this section -shall remain available for obligation by the territory until September -30, 2020: Provided further, That such amount is designated by the -Congress as being for an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985. +of 2008, $5,000,000 (increased by $13,000,000) shall be available for +the Secretary to provide a grant to American Samoa for disaster +nutrition assistance in response to the Presidentially declared major +disasters and emergencies: Provided, That funds made available to the +territory under this section shall remain available for obligation by +the territory until September 30, 2020: Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. Sec. 107. For an additional amount for the ``Emergency Conservation Program'', for necessary expenses related to the consequences of Hurricanes Michael and Florence and of wildfires @@ -269,17 +253,19 @@ and audits related to the funding provided under this heading. For an additional amount for ``Operations, Research, and Facilities'' for necessary expenses related to the consequences of Hurricanes Florence and Michael, Typhoon Yutu, and of wildfires, -$120,570,000, to remain available until September 30, 2020, as follows: +$120,570,000 (increased by $5,000,000), to remain available until +September 30, 2020, as follows: (1) $3,000,000 for repair and replacement of observing assets, real property, and equipment; (2) $11,000,000 for marine debris assessment and removal; (3) $31,570,000 for mapping, charting, and geodesy services; - (4) $25,000,000 to improve: (a) hurricane intensity - forecasting, including through deployment of unmanned ocean - observing platforms and enhanced data assimilation; (b) flood - prediction, forecasting, and mitigation capabilities; and (c) - wildfire prediction, detection, and forecasting; and + (4) $25,000,000 (increased by $5,000,000) to improve: (a) + hurricane intensity forecasting, including through deployment + of unmanned ocean observing platforms and enhanced data + assimilation; (b) flood prediction, forecasting, and mitigation + capabilities; and (c) wildfire prediction, detection, and + forecasting; and (5) $50,000,000 for Title IX Fund grants as authorized under section 906(c) of division O of Public Law 114-113: Provided, That such amount is designated by the Congress as being for @@ -393,15 +379,15 @@ heading. Operation and Maintenance, Air Force For an additional amount for ``Operation and Maintenance, Air -Force'', $400,000,000, for necessary expenses related to the -consequences of Hurricanes Michael and Florence: Provided, That such -amount is designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985: Provided further, That -notwithstanding section 284 of title 10, United States Code, or any -other provision of law, funds made available under this heading may -only be used for the purposes specifically described under this -heading. +Force'', $400,000,000 (increased by $270,000,000), for necessary +expenses related to the consequences of Hurricanes Michael and +Florence: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985: +Provided further, That notwithstanding section 284 of title 10, United +States Code, or any other provision of law, funds made available under +this heading may only be used for the purposes specifically described +under this heading. TITLE IV @@ -757,6 +743,21 @@ hydroelectric facility that-- (f) The amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 506. In implementing section 502 of this Act or section 20601 +of Public Law 115-123, the Administrator shall include the costs +associated with addressing pre-disaster condition, undamaged +components, codes and standards, and industry standards in the cost of +repair when calculating the percentage in section 206.226(f) of title +44, Code of Federal Regulations: Provided, That the amounts provided by +this section are designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985: Provided further, That +amounts repurposed under this heading that were previously designated +by the Congress as an emergency requirement pursuant to the Balanced +Budget and Emergency Deficit Control Act of 1985 are designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE VI @@ -902,40 +903,42 @@ Provided, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. For an additional amount for ``State and Tribal Assistance -Grants'', $349,400,000 to remain available until expended, of which -$53,300,000 shall be for capitalization grants for the Clean Water -State Revolving Funds under title VI of the Federal Water Pollution -Control Act, and of which $296,100,000 shall be for capitalization -grants under section 1452 of the Safe Drinking Water Act: Provided, -That notwithstanding section 604(a) of the Federal Water Pollution -Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, -funds appropriated herein shall be provided to States or Territories in -EPA Regions 4, 9, and 10 in amounts determined by the Administrator for -wastewater treatment works and drinking water facilities impacted by -Hurricanes Florence and Michael, Typhoon Yutu, and calendar year 2018 -wildfires and earthquakes: Provided further, That notwithstanding the -requirements of section 603(i) of the Federal Water Pollution Control -Act and section 1452(d) of the Safe Drinking Water Act, for the funds +Grants'', $349,400,000 (increased by $8,800,000) to remain available +until expended, of which $53,300,000 (increased by $8,800,000) shall be +for capitalization grants for the Clean Water State Revolving Funds +under title VI of the Federal Water Pollution Control Act, and of which +$296,100,000 shall be for capitalization grants under section 1452 of +the Safe Drinking Water Act: Provided, That notwithstanding section +604(a) of the Federal Water Pollution Control Act and section +1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated herein +shall be provided to States or Territories in EPA Regions 4, 9, and 10 +in amounts determined by the Administrator for wastewater treatment +works and drinking water facilities impacted by Hurricanes Florence and +Michael, Typhoon Yutu, and calendar year 2018 wildfires and +earthquakes: Provided further, That notwithstanding the requirements +of section 603(i) of the Federal Water Pollution Control Act and +section 1452(d) of the Safe Drinking Water Act, for the funds appropriated herein, each State shall use not less than 20 percent but not more than 30 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these: Provided further, That the Administrator shall -retain $10,400,000 of the funds appropriated herein for grants for -drinking water facilities and waste water treatment plants impacted by -Typhoon Yutu: Provided further, That the funds appropriated herein -shall be used for eligible projects whose purpose is to reduce flood or -fire damage risk and vulnerability or to enhance resiliency to rapid -hydrologic change or natural disaster at treatment works as defined by -section 212 of the Federal Water Pollution Control Act or any eligible -facilities under section 1452 of the Safe Drinking Water Act, and for -other eligible tasks at such treatment works or facilities necessary to -further such purposes: Provided further, That the Administrator of the -Environmental Protection Agency may retain up to $1,000,000 of the -funds appropriated herein for management and oversight: Provided -further, That such amount is designated by the Congress as being for an -emergency requirement pursuant to section 251(b)(2)(A)(i) of the -Balanced Budget and Emergency Deficit Control Act of 1985. +retain $10,400,000 (increased by $8,800,000) of the funds appropriated +herein for grants for drinking water facilities and waste water +treatment plants impacted by Typhoon Yutu: Provided further, That the +funds appropriated herein shall be used for eligible projects whose +purpose is to reduce flood or fire damage risk and vulnerability or to +enhance resiliency to rapid hydrologic change or natural disaster at +treatment works as defined by section 212 of the Federal Water +Pollution Control Act or any eligible facilities under section 1452 of +the Safe Drinking Water Act, and for other eligible tasks at such +treatment works or facilities necessary to further such purposes: +Provided further, That the Administrator of the Environmental +Protection Agency may retain up to $1,000,000 of the funds appropriated +herein for management and oversight: Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. In addition, for an additional amount for ``State and Tribal Assistance Grants'', $500,000,000, to remain available until expended, of which $261,000,000 shall be for capitalization grants for the Clean @@ -1192,7 +1195,7 @@ emergency has been declared under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191): Provided, That none of the funds appropriated in this paragraph shall be included in the calculation of the ``base grant'' in -subsequent fiscal years, as such term is defined in sections +subsequent fiscal years, as such term is defined in section 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head @@ -1364,32 +1367,32 @@ Balanced Budget and Emergency Deficit Control Act of 1985. Military Construction, Navy and Marine Corps For an additional amount for ``Military Construction, Navy and -Marine Corps'', $115,000,000, to remain available until September 30, -2023, for planning and design related to the consequences of Hurricanes -Florence and Michael on Navy and Marine Corps installations: Provided, -That none of the funds shall be available for obligation until the -Committees on Appropriations of the House of Representatives and the -Senate receive a master plan for the installations and a form 1391 for -each specific project: Provided further, That, not later than 60 days -after enactment of this Act, the Secretary of the Navy, or his -designee, shall submit to the Committees on Appropriations of the House -of Representatives and the Senate a detailed expenditure plan for funds -provided under this heading: Provided further, That such amount is -designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985: Provided further, That -notwithstanding section 2808 of title 10, United States Code, or any -other provision of law, funds made available under this heading may -only be used for the purposes specifically described under this -heading. +Marine Corps'', $115,000,000 (increased by $385,000,000), to remain +available until September 30, 2023, for planning and design related to +the consequences of Hurricanes Florence and Michael on Navy and Marine +Corps installations: Provided, That none of the funds shall be +available for obligation until the Committees on Appropriations of the +House of Representatives and the Senate receive a master plan for the +installations and a form 1391 for each specific project: Provided +further, That, not later than 60 days after enactment of this Act, the +Secretary of the Navy, or his designee, shall submit to the Committees +on Appropriations of the House of Representatives and the Senate a +detailed expenditure plan for funds provided under this heading: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985: +Provided further, That notwithstanding section 2808 of title 10, United +States Code, or any other provision of law, funds made available under +this heading may only be used for the purposes specifically described +under this heading. Military Construction, Air Force For an additional amount for ``Military Construction, Air Force'', -$700,000,000, to remain available until September 30, 2023, for -planning and design, and construction expenses related to the -consequences of Hurricane Michael: Provided, That none of the funds -shall be available for obligation until the Committees on +$700,000,000 (increased by $300,000,000), to remain available until +September 30, 2023, for planning and design, and construction expenses +related to the consequences of Hurricane Michael: Provided, That none +of the funds shall be available for obligation until the Committees on Appropriations of the House of Representatives and the Senate receive a basing plan and future mission requirements for installations significantly damaged by Hurricane Michael: Provided further, That, @@ -1502,10 +1505,10 @@ Act of 1985. For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, -$1,650,000,000, to remain available until expended: Provided, That -such amount is designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985. +$1,650,000,000 (increased by $500,000,000), to remain available until +expended: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT @@ -1735,36 +1738,56 @@ of 1985. TITLE XI + GENERAL SERVICES ADMINISTRATION + + Real Property Activities + + federal buildings fund + + For an additional amount, to be deposited in the Federal Buildings +Fund, $91,200,000, to remain available until expended, for necessary +expenses related to the consequences of Hurricane Florence for repair +and alteration of buildings under the custody and control of the +Administrator of General Services, and real property management and +related activities not otherwise provided for: Provided, That such +amount may be used to reimburse the Fund for obligations incurred for +this purpose prior to the date of the enactment of this Act: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE XII + GENERAL PROVISIONS--THIS ACT - Sec. 1101. Each amount appropriated or made available by this Act + Sec. 1201. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. - Sec. 1102. No part of any appropriation contained in this Act + Sec. 1202. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. - Sec. 1103. Unless otherwise provided for by this Act, the + Sec. 1203. Unless otherwise provided for by this Act, the additional amounts appropriated by this division to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2019. - Sec. 1104. Each amount designated in this Act by the Congress as + Sec. 1204. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. - Sec. 1105. Any amount appropriated by this Act designated by the + Sec. 1205. Any amount appropriated by this Act designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this division shall retain such designation. - Sec. 1106. Of all amounts made available for mitigation activities + Sec. 1206. Of all amounts made available for mitigation activities under the heading ``Department of Housing and Urban Development-- Community Development Fund'' in Public Law 115-123, the Secretary shall publish in the Federal Register the allocations to all eligible grantees, and the necessary administrative requirements applicable to -such allocations within 90 days after enactment of this Act: +such allocations within 14 days after enactment of this Act: (1) For any plans or amendments addressing the use of any funds provided under Public Law 115-123 and received by the Secretary prior to December 22, 2018, the Secretary shall @@ -1774,7 +1797,7 @@ such allocations within 90 days after enactment of this Act: the statutory waiver or alternative requirement authority provided by Public Law 115-123 to extend or otherwise alter existing statutory and regulatory provisions governing the - timeline for review of required grantee plans. + timeline for review of required grantee plans: Provided, That the amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control @@ -1784,7 +1807,40 @@ requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. - + Sec. 1207. (a) Financing.--Section 1309(a) of the National Flood +Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ``May +31, 2019'' and inserting ``September 30, 2019''. + (b) Program Expiration.--Section 1319 of the National Flood +Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking ``May 31, +2019'' and inserting ``September 30, 2019''. + (c) Retroactive Effective Date.--If this Act is enacted after May +31, 2019, the amendments made by subsections (a) and (b) shall take +effect as if enacted on May 31, 2019. + Sec. 1208. None of the funds in this Act shall be made available +to implement paragraph (3) of section 412(g) of the Agricultural +Research, Extension, and Education Reform Act of 1998 (7 U.S.C. +7632(g)). + Sec. 1209. None of the funds made available by this Act may be +used to enforce section 668.105(h) of title 23, Code of Federal +Regulations, for any projects in response to disasters that occurred in +fiscal year 2017 or thereafter. This Act may be cited as the ``Supplemental Appropriations Act, 2019''. - \ No newline at end of file + + Passed the House of Representatives May 10, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2157 + +_______________________________________________________________________ + + AN ACT + +Making supplemental appropriations for the fiscal year ending September + 30, 2019, and for other purposes. From 5afce3615edf0ae5a0dfee85a7098598e1ca14c9 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 223/984] House-2157: Enrolled --- bills_text/House-2157.txt | 1561 +++++++++++++++++-------------------- 1 file changed, 698 insertions(+), 863 deletions(-) diff --git a/bills_text/House-2157.txt b/bills_text/House-2157.txt index 6532695..fcd5a68 100644 --- a/bills_text/House-2157.txt +++ b/bills_text/House-2157.txt @@ -1,23 +1,30 @@ -116th CONGRESS - 1st Session - H. R. 2157 + H.R.2157 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act Making supplemental appropriations for the fiscal year ending September - 30, 2019, and for other purposes. + 30, 2019, and for other purposes. Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, - That the following sums are hereby appropriated, out of any money -in the Treasury not otherwise appropriated, and out of applicable -corporate or other revenues, receipts, and funds, for the several -departments, agencies, corporations, and other organizational units of -Government for fiscal year 2019, and for other purposes, namely: +United States of America in Congress assembled, The following sums in +this Act are appropriated, out of any money in the Treasury not +otherwise appropriated, for the fiscal year ending September 30, 2019, +and for other purposes, namely: TITLE I @@ -32,42 +39,52 @@ Government for fiscal year 2019, and for other purposes, namely: For an additional amount for the ``Office of the Secretary'', $3,005,442,000, which shall remain available until December 31, 2020, for necessary expenses related to losses of crops (including milk, on- -farm stored commodities, and harvested adulterated wine grapes), trees, -bushes, and vines, as a consequence of Hurricanes Michael and Florence, -other hurricanes, floods, tornadoes, typhoons, volcanic activity, -snowstorms, and wildfires occurring in calendar years 2018 and 2019 -under such terms and conditions as determined by the Secretary: -Provided, That the Secretary may provide assistance for such losses in -the form of block grants to eligible States and territories and such -assistance may include compensation to producers, as determined by the -Secretary, for past or future crop insurance premiums, forest -restoration, and poultry and livestock losses: Provided further, That -of the amounts provided under this heading, tree assistance payments -may be made under section 1501(e) of the Agricultural Act of 2014 (7 -U.S.C. 9081(e)) to eligible orchardists or nursery tree growers (as -defined in such section) of pecan trees with a tree mortality rate that -exceeds 7.5 percent (adjusted for normal mortality) and is less than 15 -percent (adjusted for normal mortality), to be available until +farm stored commodities, crops prevented from planting in 2019, and +harvested adulterated wine grapes), trees, bushes, and vines, as a +consequence of Hurricanes Michael and Florence, other hurricanes, +floods, tornadoes, typhoons, volcanic activity, snowstorms, and +wildfires occurring in calendar years 2018 and 2019 under such terms +and conditions as determined by the Secretary: Provided, That the +Secretary may provide assistance for such losses in the form of block +grants to eligible states and territories and such assistance may +include compensation to producers, as determined by the Secretary, for +forest restoration and poultry and livestock losses: Provided further, +That of the amounts provided under this heading, tree assistance +payments may be made under section 1501(e) of the Agricultural Act of +2014 (7 U.S.C. 9081(e)) to eligible orchardists or nursery tree growers +(as defined in such section) of pecan trees with a tree mortality rate +that exceeds 7.5 percent (adjusted for normal mortality) and is less +than 15 percent (adjusted for normal mortality), to be available until expended, for losses incurred during the period beginning January 1, 2018, and ending December 31, 2018: Provided further, That in the case of producers impacted by volcanic activity that resulted in the loss of crop land, or access to crop land, the Secretary shall consider all measures available, as appropriate, to bring replacement land into -production: Provided further, That the total amount of payments -received under this heading and applicable policies of crop insurance -under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the -Noninsured Crop Disaster Assistance Program (NAP) under section 196 of -the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. -7333) shall not exceed 90 percent of the loss as determined by the -Secretary: Provided further, That the total amount of payments -received under this heading for producers who did not obtain a policy -or plan of insurance for an insurable commodity for the applicable crop -year under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for -the crop incurring the losses or did not file the required paperwork -and pay the service fee by the applicable State filing deadline for a -noninsurable commodity for the applicable crop year under NAP for the -crop incurring the losses shall not exceed 70 percent of the loss as -determined by the Secretary: Provided further, That producers +production: Provided further, That of the amounts provided under this +heading, not more than $7,000,000 shall be available to make payments +to agricultural producers whose Whole Farm Revenue Protection indemnity +payments were reduced following 2018 crop year losses due to assistance +received through state-legislated agriculture disaster assistance +programs: Provided further, That the total amount of payments received +under this heading and applicable policies of crop insurance under the +Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured +Crop Disaster Assistance Program (NAP) under section 196 of the Federal +Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) shall +not exceed 90 percent of the loss as determined by the Secretary: +Provided further, That the total amount of payments received under this +heading for producers who did not obtain a policy or plan of insurance +for an insurable commodity for the applicable crop year under the +Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop +incurring the losses or did not file the required paperwork and pay the +service fee by the applicable State filing deadline for a noninsurable +commodity for the applicable crop year under NAP for the crop incurring +the losses shall not exceed 70 percent of the loss as determined by the +Secretary: Provided further, That in the case of a crop under this +heading for which the Federal Crop Insurance Corporation offers a +revenue insurance policy under section 508 of the Federal Crop +Insurance Act (7 U.S.C. 1508), the Secretary shall use the greater of +the projected price or the harvest price for such crop to determine the +expected value of such crop: Provided further, That producers receiving payments under this heading, as determined by the Secretary, shall be required to purchase crop insurance where crop insurance is available for the next two available crop years, excluding tree @@ -77,7 +94,7 @@ is not available in the next two available crop years, as determined by the Secretary: Provided further, That, not later than 120 days after the end of fiscal year 2019, the Secretary shall submit a report to the Congress specifying the type, amount, and method of such assistance by -State and territory: Provided further, That such amount is designated +state and territory: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. @@ -89,11 +106,22 @@ Control Act of 1985. For an additional amount for the ``Emergency Forest Restoration Program'', for necessary expenses related to the consequences of Hurricanes Michael and Florence and wildfires occurring in calendar -year 2018, and other natural disasters, $480,000,000, to remain -available until expended: Provided, That such amount is designated by -the Congress as being for an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985. +year 2018, tornadoes and floods occurring in calendar year 2019, and +other natural disasters, $480,000,000, to remain available until +expended: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + emergency conservation program + + For an additional amount for the ``Emergency Conservation +Program'', for necessary expenses related to the consequences of +Hurricanes Michael and Florence and wildfires occurring in calendar +year 2018, tornadoes and floods occurring in calendar year 2019, and +other natural disasters, $558,000,000, to remain available until +expended: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. Natural Resources Conservation Service @@ -102,12 +130,12 @@ Act of 1985. For an additional amount for ``Watershed and Flood Prevention Operations'', for necessary expenses for the Emergency Watershed Protection Program related to the consequences of Hurricanes Michael -and Florence and wildfires occurring in calendar year 2018, and other -natural disasters, $125,000,000 (increased by $310,000,000), to remain -available until expended: Provided, That such amount is designated by -the Congress as being for an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985. +and Florence and wildfires occurring in calendar year 2018, tornadoes +and floods occurring in calendar year 2019, and other natural +disasters, $435,000,000, to remain available until expended: Provided, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. Rural Development @@ -117,57 +145,47 @@ Act of 1985. facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, for necessary expenses related to the consequences of Hurricanes -Michael and Florence and wildfires occurring in calendar year 2018, and -other natural disasters, $150,000,000, to remain available until -expended: Provided, That sections 381E-H and 381N of the Consolidated -Farm and Rural Development Act are not applicable to the funds made -available under this heading: Provided further, That such amount is -designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985. +Michael and Florence and wildfires occurring in calendar year 2018, +tornadoes and floods occurring in calendar year 2019, and other natural +disasters, $150,000,000, to remain available until expended: Provided, +That sections 381E-H and 381N of the Consolidated Farm and Rural +Development Act are not applicable to the funds made available under +this heading: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. GENERAL PROVISIONS--THIS TITLE - Sec. 101. In addition to other amounts made available by section -309 of division A of the Additional Supplemental Appropriations for -Disaster Relief Requirements Act, 2017 (Public Law 115-72; 131 Stat. -1229), there is hereby appropriated $600,000,000 for the Secretary of -Agriculture to provide a grant to the Commonwealth of Puerto Rico for -disaster nutrition assistance in response to Presidentially declared -major disasters and emergencies: Provided, That the funds made -available to the Commonwealth of Puerto Rico under this section shall -remain available for obligation by the Commonwealth until September 30, -2020, and shall be in addition to funds otherwise made available: -Provided further, That such amount is designated by the Congress as -being for an emergency requirement pursuant to section 251(b)(2)(A)(i) -of the Balanced Budget and Emergency Deficit Control Act of 1985. - Sec. 102. In addition to amounts otherwise made available, out of + Sec. 101. In addition to amounts otherwise made available, out of the funds made available under section 18 of the Food and Nutrition Act of 2008, $25,200,000 shall be available for the Secretary to provide a grant to the Commonwealth of the Northern Mariana Islands for disaster nutrition assistance in response to the Presidentially declared major -disasters and emergencies: Provided, That funds made available to the +disasters and emergencies: Provided, That funds made available to the Commonwealth of the Northern Mariana Islands under this section shall remain available for obligation by the Commonwealth until September 30, -2020: Provided further, That such amount is designated by the Congress +2020: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. - Sec. 103. For purposes of administering title I of subdivision 1 + Sec. 102. For purposes of administering title I of subdivision 1 of division B of the Bipartisan Budget Act of 2018 (Public Law 115- 123), losses to agricultural producers resulting from hurricanes shall -also include losses of peach and blueberry crops in calendar year 2017 -due to extreme cold: Provided, That the amounts provided by this -section are designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985: Provided further, That -amounts repurposed under this heading that were previously designated -by the Congress as an emergency requirement pursuant to the Balanced -Budget and Emergency Deficit Control Act of 1985 are designated by the -Congress as an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985. - Sec. 104. (a)(1) Except as provided in paragraph (2), a person or +also include losses incurred from Tropical Storm Cindy, losses of peach +and blueberry crops in calendar year 2017 due to extreme cold, and +blueberry productivity losses in calendar year 2018 due to extreme cold +and hurricane damage in calendar year 2017: Provided, That the amounts +provided by this section are designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985: Provided +further, That amounts repurposed under this section that were +previously designated by the Congress as an emergency requirement +pursuant to the Balanced Budget and Emergency Deficit Control Act of +1985 are designated by the Congress as an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + Sec. 103. (a)(1) Except as provided in paragraph (2), a person or legal entity is not eligible to receive a payment under the Market Facilitation Program established pursuant to the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.) if the average adjusted @@ -176,44 +194,67 @@ gross income of such person or legal entity is greater than $900,000. least 75 percent of the adjusted gross income of such person or legal entity is derived from farming, ranching, or forestry related activities. - (b) A person or legal entity may not receive a payment under the -Market Facilitation Program described in subsection (a)(1), directly or -indirectly, of more than $125,000. - (c) In this section, the term ``average adjusted gross income'' has + (b) In this section, the term ``average adjusted gross income'' has the meaning given the term defined in section 760.1502 of title 7 Code of Federal Regulations (as in effect July 18, 2018). - (d) The amount provided by this section is designated by the + (c) The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. + Sec. 104. In addition to other amounts made available by section +309 of division A of the Additional Supplemental Appropriations for +Disaster Relief Requirements Act, 2017 (Public Law 115-72; 131 Stat. +1229), there is appropriated to the Secretary, out of any moneys in the +Treasury not otherwise appropriated, for the fiscal year ending +September 30, 2019, $600,000,000 to provide a grant to the Commonwealth +of Puerto Rico for disaster nutrition assistance in response to a major +disaster or emergency designated by the President under the Robert T. +Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 +et seq.): Provided, That the funds made available to the Commonwealth +of Puerto Rico under this section shall remain available for obligation +by the Commonwealth until September 30, 2020, and shall be in addition +to funds otherwise made available: Provided further, That such amount +is designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). Sec. 105. There is hereby appropriated $5,000,000, to remain available until September 30, 2020, for the Secretary of Agriculture to conduct an independent study, including a survey of participants, to compare the impact of the additional benefits provided by section 309 of Public Law 115-72 to the food insecurity, health status, and well- being of low-income residents in Puerto Rico without such additional -benefits: Provided, That such amount is designated by the Congress as +benefits: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 106. In addition to amounts otherwise made available, out of the funds made available under section 18 of the Food and Nutrition Act -of 2008, $5,000,000 (increased by $13,000,000) shall be available for -the Secretary to provide a grant to American Samoa for disaster -nutrition assistance in response to the Presidentially declared major -disasters and emergencies: Provided, That funds made available to the -territory under this section shall remain available for obligation by -the territory until September 30, 2020: Provided further, That such -amount is designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985. - Sec. 107. For an additional amount for the ``Emergency -Conservation Program'', for necessary expenses related to the -consequences of Hurricanes Michael and Florence and of wildfires -occurring in calendar year 2018, and other natural disasters, -$500,000,000, to remain available until expended: Provided, That such -amount is designated by the Congress as being for an emergency +of 2008, $18,000,000 shall be available for the Secretary to provide a +grant to American Samoa for disaster nutrition assistance in response +to the presidentially declared major disasters and emergencies: +Provided, That funds made available to the territory under this section +shall remain available for obligation by the territory until September +30, 2020: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 107. Beginning not later than the 2020 reinsurance year, the +Federal Crop Insurance Corporation shall offer coverage under the +wholefarm revenue protection insurance policy (or a successor policy or +plan of insurance) for hemp (as defined in section 297A of the +Agricultural Marketing Act of 1946 (7 U.S.C. 1639o)): Provided, That +such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. + Sec. 108. Notwithstanding any other provision of law, any rural +community impacted by major declared disaster DR-4407 may have the +governor in the affected state, or the governor's designee, certify the +area's population as a rural area with respect to eligibility for +loans, grants, and technical assistance under rural development +programs funded by the Department of Agriculture until data from the +2020 United States Census is available: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. TITLE II @@ -253,21 +294,18 @@ and audits related to the funding provided under this heading. For an additional amount for ``Operations, Research, and Facilities'' for necessary expenses related to the consequences of Hurricanes Florence and Michael, Typhoon Yutu, and of wildfires, -$120,570,000 (increased by $5,000,000), to remain available until -September 30, 2020, as follows: - (1) $3,000,000 for repair and replacement of observing - assets, real property, and equipment; - (2) $11,000,000 for marine debris assessment and removal; - (3) $31,570,000 for mapping, charting, and geodesy - services; - (4) $25,000,000 (increased by $5,000,000) to improve: (a) - hurricane intensity forecasting, including through deployment - of unmanned ocean observing platforms and enhanced data - assimilation; (b) flood prediction, forecasting, and mitigation - capabilities; and (c) wildfire prediction, detection, and - forecasting; and - (5) $50,000,000 for Title IX Fund grants as authorized - under section 906(c) of division O of Public Law 114-113: +$120,570,000, to remain available until September 30, 2020, as follows: + (1) $3,000,000 for repair and replacement of observing assets, + real property, and equipment; + (2) $11,000,000 for marine debris assessment and removal; + (3) $31,570,000 for mapping, charting, and geodesy services; + (4) $25,000,000 to improve: (a) hurricane intensity + forecasting, including through deployment of unmanned ocean + observing platforms and enhanced data assimilation; (b) flood + prediction, forecasting, and mitigation capabilities; and (c) + wildfire prediction, detection, and forecasting; and + (5) $50,000,000 for Title IX Fund grants as authorized under + section 906(c) of division O of Public Law 114-113: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided @@ -366,28 +404,27 @@ United States Government. Operation and Maintenance, Marine Corps For an additional amount for ``Operation and Maintenance, Marine -Corps'', $200,000,000, for necessary expenses related to the +Corps'', $381,000,000, for necessary expenses related to the consequences of Hurricanes Michael and Florence: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985: Provided further, That -notwithstanding section 284 of title 10, United States Code, or any -other provision of law, funds made available under this heading may -only be used for the purposes specifically described under this -heading. +and Emergency Deficit Control Act of 1985. Operation and Maintenance, Air Force For an additional amount for ``Operation and Maintenance, Air -Force'', $400,000,000 (increased by $270,000,000), for necessary -expenses related to the consequences of Hurricanes Michael and -Florence: Provided, That such amount is designated by the Congress as -being for an emergency requirement pursuant to section 251(b)(2)(A)(i) -of the Balanced Budget and Emergency Deficit Control Act of 1985: -Provided further, That notwithstanding section 284 of title 10, United -States Code, or any other provision of law, funds made available under -this heading may only be used for the purposes specifically described -under this heading. +Force'', $670,000,000, for necessary expenses related to the +consequences of Hurricanes Michael and Florence and floods occurring in +calendar year 2019: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISION--THIS TITLE + + Sec. 301. Notwithstanding any other provision of law, funds made +available under each heading in this title shall only be used for the +purposes specifically described under that heading. TITLE IV @@ -403,18 +440,18 @@ flood and storm damage reduction, including shore protection, studies which are currently authorized or which are authorized after the date of enactment of this Act, to reduce risk from future floods and hurricanes, at full Federal expense, $35,000,000, to remain available -until expended, in States and insular areas that were impacted by -Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, -and Tropical Storm Gita: Provided, That such amount is designated by -the Congress as being for an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985: Provided further, That the Assistant Secretary of the -Army for Civil Works shall provide a monthly report directly to the -Committees on Appropriations of the House and the Senate detailing the -allocation and obligation of these funds, including new studies -selected to be initiated using funds provided under this heading, -beginning not later than 60 days after the date of enactment of this -Act. +until expended, for high priority studies of projects in States and +insular areas that were impacted by Hurricanes Florence and Michael, +Typhoon Mangkhut, Super Typhoon Yutu, and Tropical Storm Gita: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985: Provided +further, That the Assistant Secretary of the Army for Civil Works shall +provide a monthly report directly to the Committees on Appropriations +of the House and the Senate detailing the allocation and obligation of +these funds, including new studies selected to be initiated using funds +provided under this heading, beginning not later than 60 days after the +date of enactment of this Act. construction @@ -431,30 +468,26 @@ economically justified, and environmentally acceptable, in States and insular areas that were impacted by Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, and Tropical Storm Gita: Provided, That projects receiving funds provided under the first -proviso in ``Corps of Engineers-Civil--Department of the Army-- -Construction'' in Public Law 115-123 shall not be eligible for funding -provided under this heading: Provided further, That for projects -receiving funding under this heading, the provisions of section 902 of -the Water Resources Development Act of 1986 shall not apply to these -funds: Provided further, That the completion of ongoing construction -projects receiving funds provided under this heading shall be at full -Federal expense with respect to such funds: Provided further, That -using funds provided under this heading, the non-Federal cash -contribution for projects other than ongoing construction projects +proviso in ``Title IV--Corps of Engineers--Civil--Department of the +Army--Construction'' in Public Law 115-123 shall not be eligible for +funding provided under this heading: Provided further, That for +projects receiving funds provided under this heading, the provisions of +Section 902 of the Water Resources Development Act of 1986 shall not +apply to these funds: Provided further, That the completion of ongoing +construction projects receiving funds provided under this heading shall +be at full Federal expense with respect to such funds: Provided +further, That using funds provided under this heading, the non-Federal +cash contribution for projects other than ongoing construction projects shall be financed in accordance with the provisions of section 103(k) of Public Law 99-662 over a period of 30 years from the date of -completion of the project or separable element: Provided further, That -of this amount, $45,000,000 shall be used to initiate, at full Federal -expense, construction of authorized Corps of Engineers ecosystem -restoration projects that have incidental flood risk management -benefits in areas impacted by Hurricanes Irma and Maria: Provided -further, That up to $25,000,000 of the funds made available under this -heading shall be used for continuing authorities projects to reduce the -risk of flooding and storm damage: Provided further, That any projects -using funds appropriated under this heading shall be initiated only -after non-Federal interests have entered into binding agreements with -the Secretary requiring, where applicable, the non-Federal interests to -pay 100 percent of the operation, maintenance, repair, replacement, and +completion of the project or separable element: Provided further, That +up to $25,000,000 of the funds made available under this heading shall +be used for continuing authorities projects to reduce the risk of +flooding and storm damage: Provided further, That any projects using +funds appropriated under this heading shall be initiated only after +non-Federal interests have entered into binding agreements with the +Secretary requiring, where applicable, the non-Federal interests to pay +100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or @@ -466,18 +499,18 @@ further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after -the date of the enactment of this Act. +the date of enactment of this Act. mississippi river and tributaries For an additional amount for ``Mississippi River and Tributaries'' for necessary expenses to address emergency situations at Corps of Engineers projects and rehabilitate and repair damages to Corps of -Engineers projects, caused by natural disasters, including disasters in -2019, $575,000,000, to remain available until expended: Provided, That -such amount is designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985: Provided further, That the +Engineers projects, caused by natural disasters, $575,000,000, to +remain available until expended: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation @@ -489,19 +522,19 @@ enactment of this Act. For an additional amount for ``Operation and Maintenance'' for necessary expenses to dredge Federal navigation projects in response to, and repair damages to Corps of Engineers Federal projects caused -by, natural disasters, including disasters in 2019, $908,000,000, to -remain available until expended, of which such sums as are necessary to -cover the Federal share of eligible operation and maintenance costs for -coastal harbors and channels, and for inland harbors shall be derived -from the Harbor Maintenance Trust Fund: Provided, That such amount is -designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985: Provided further, That the -Assistant Secretary of the Army for Civil Works shall provide a monthly -report directly to the Committees on Appropriations of the House of -Representatives and the Senate detailing the allocation and obligation -of these funds, beginning not later than 60 days after the date of -enactment of this Act. +by, natural disasters, $908,000,000, to remain available until +expended, of which such sums as are necessary to cover the Federal +share of eligible operation and maintenance costs for coastal harbors +and channels, and for inland harbors shall be derived from the Harbor +Maintenance Trust Fund: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985: Provided further, That the Assistant Secretary of the +Army for Civil Works shall provide a monthly report directly to the +Committees on Appropriations of the House of Representatives and the +Senate detailing the allocation and obligation of these funds, +beginning not later than 60 days after the date of enactment of this +Act. flood control and coastal emergencies @@ -509,16 +542,19 @@ enactment of this Act. Emergencies'', as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for necessary expenses to prepare for flood, hurricane and other natural disasters and support emergency operations, -repairs, and other activities in response to such disasters, including -disasters in 2019, as authorized by law, $510,000,000, to remain -available until expended: Provided, That such amount is designated by -the Congress as being for an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985: Provided further, That the Assistant Secretary of the -Army for Civil Works shall provide a monthly report to the Committees -on Appropriations of the House of Representatives and the Senate -detailing the allocation and obligation of these funds, beginning not -later than 60 days after the date of enactment of this Act. +repairs, and other activities in response to such disasters, as +authorized by law, $1,000,000,000, to remain available until expended: +Provided, That funding utilized for authorized shore protection +projects shall restore such projects to the full project profile at +full Federal expense: Provided further, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985: Provided further, That the Assistant Secretary of +the Army for Civil Works shall provide a monthly report to the +Committees on Appropriations of the House of Representatives and the +Senate detailing the allocation and obligation of these funds, +beginning not later than 60 days after the date of enactment of this +Act. DEPARTMENT OF THE INTERIOR @@ -541,32 +577,33 @@ Emergency Deficit Control Act of 1985. water and related resources For an additional amount for ``Water and Related Resources'', -$17,000,000, to remain available until expended, for fire remediation +$15,500,000, to remain available until expended, for fire remediation and suppression emergency assistance related to wildfires in 2017 and 2018: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. - DEPARTMENT OF ENERGY + TITLE V - ENERGY PROGRAMS + GENERAL SERVICES ADMINISTRATION - electricity delivery + Real Property Activities - For an additional amount for ``Electricity Delivery'', $15,500,000, -to remain available until expended, for necessary expenses related to -the consequences of Hurricanes Harvey, Irma, and Maria, and Super -Typhoon Yutu, including technical assistance related to electric grids: - Provided, That such amount is designated by the Congress as being for -an emergency requirement pursuant to section 251(b)(2)(A)(i) of the -Balanced Budget and Emergency Deficit Control Act of 1985: Provided -further, That the Assistant Secretary of Electricity Delivery shall -provide a monthly report to the Committees on Appropriations of the -House of Representatives and the Senate detailing the allocation and -obligation of these funds, beginning not later than 60 days after the -date of enactment of this Act. + federal buildings fund - TITLE V + For an additional amount, to be deposited in the Federal Buildings +Fund, $91,200,000, to remain available until expended, for necessary +expenses related to the consequences of Hurricane Florence for repair +and alteration of buildings under the custody and control of the +Administrator of General Services, and real property management and +related activities not otherwise provided for: Provided, That such +amount may be used to reimburse the Fund for obligations incurred for +this purpose prior to the date of the enactment of this Act: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE VI DEPARTMENT OF HOMELAND SECURITY @@ -598,169 +635,25 @@ of the Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISIONS--THIS TITLE - Sec. 501. (a) In General.--The Federal share of assistance provided -for DR-4336-PR, DR-4339-PR, DR-4340-USVI and DR-4335-USVI under -sections 403, 406, and 407 of the Robert T. Stafford Disaster Relief -and Emergency Assistance Act (42 U.S.C. 5170b and 5173) shall be 100 -percent of the eligible costs under such sections. - (b) Applicability.--The Federal share provided by subsection (a) -shall apply to disaster assistance applied for before, on, or after the -date of enactment of this Act. - Sec. 502. The Administrator of the Federal Emergency Management -Agency shall provide assistance, pursuant to section 428 of the Robert -T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. -5121 et seq.), for critical services as defined in section 406 of the -Robert T. Stafford Disaster Relief and Emergency Assistance Act for the -duration of the recovery for incidents DR-4404, DR-4396, and DR-4398 -to-- - (1) replace or restore the function of a facility or system - to industry standards without regard to the pre-disaster - condition of the facility or system; and - (2) replace or restore components of the facility or system - not damaged by the disaster where necessary to fully effectuate - the replacement or restoration of disaster-damaged components - to restore the function of the facility or system to industry - standards. - Sec. 503. Section 20601 of Public Law 115-123 (132 Stat. 85) is -amended by striking ``may'' and inserting ``shall''. Provided, That -the amounts provided by this section are designated by the Congress as -being for an emergency requirement pursuant to section 251(b)(2)(A)(i) -of the Balanced Budget and Emergency Deficit Control Act of 1985: -Provided further, That amounts repurposed under this heading that were -previously designated by the Congress as an emergency requirement -pursuant to the Balanced Budget and Emergency Deficit Control Act of -1985 are designated by the Congress as an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985. - Sec. 504. (a) In General.--The President shall make a contribution -under section 406 of the Robert T. Stafford Disaster Relief and -Emergency Assistance Act (42 U.S.C. 5172) for each eligible rural -medical facility that was damaged or destroyed by a major disaster -during calendar year 2015, regardless of whether the operations of such -medical facility were subsequently carried out in a temporary -replacement facility. Such contribution shall be sufficient to provide -for a full permanent replacement of each such medical facility to the -resiliency standards described in subsection (b). - (b) Resiliency Standards.--A permanent replacement facility -provided for under this section shall meet-- - (1) the definition of resilient developed pursuant to - section 406(e) of the Robert T. Stafford Disaster Relief and - Emergency Assistance Act (42 U.S.C. 5172(e)); and - (2) any relevant consensus-based codes, specifications, and - standards. - (c) Temporary Replacement Facility.--In any case in which the -President, acting through the Federal Emergency Management Agency, has -provided funding to lease or purchase a temporary replacement facility -to house the operations of an eligible rural medical facility for which -a permanent replacement facility is required under this section, the -President shall continue such funding until a permanent replacement -facility is operational, including for any period of time for which -funding has not otherwise been provided. - (d) Hospital Successor Entity.--A transfer in ownership of an -eligible rural medical facility or of a permanent replacement facility, -or the execution of a transaction by the owner of an eligible rural -medical facility resulting in different ownership of a permanent -replacement facility, shall not affect the requirement in subsection -(a) to provide for a full replacement of the facility for which funds -are provided under this section, provided that such funds are provided -to an entity otherwise eligible for assistance under section 406 of the -Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 -U.S.C. 5172). - (e) Definition of Eligible Rural Medical Facility.--In this -section, the term ``eligible rural medical facility'' means a private -nonprofit hospital facility-- - (1) located in a county with a population below 40,000, as - determined by the most recent decennial census; - (2) that sustained damage during calendar year 2015 that - was eligible for financial assistance under section 406 of the - Robert T. Stafford Disaster Relief and Emergency Assistance Act - (42 U.S.C. 5172); and - (3) that was closed following damage sustained during a - major disaster and remains closed as of the date of enactment - of this Act. - (f) The amounts provided by this section are designated by the -Congress as being for an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985. - Sec. 505. (a) In General.--The President shall make a contribution -under section 406 of the Robert T. Stafford Disaster Relief and -Emergency Assistance Act (42 U.S.C. 5172) to the applicable State or -local government for each eligible hydroelectric facility that was -damaged or destroyed by a major disaster during calendar year 2015 to -carry out the improvements for which such contribution was provided -under this section. - (b) Contribution.--Each contribution provided for improvements to -an eligible hydroelectric facility under subsection (a) shall be -sufficient to-- - (1) rebuild canal embankments to meet all applicable - guidelines in the Engineering Guidelines for the Evaluation of - Hydropower Projects prepared by the Federal Energy Regulatory - Commission; - (2) restore all other water-control and retaining - structures to meet all applicable such Engineering Guidelines; - and - (3) provide for either-- - (A) the restoration of the eligible hydroelectric - facility to full operation of its function as a primary - water source and hydroelectric power supply; or - (B) the establishment of an alternative primary - water source and the restoration of the full operation - of the hydroelectric power supply function of the - eligible hydroelectric facility pursuant to the - requirements of subsection (c). - (c) Alternative Contribution.--A contribution may cover the -establishment of an alternative primary water source under subsection -(b)(3)(B) only if-- - (1) the water source could provide redundancy to the water - supply provided by an eligible hydroelectric facility; - (2) the water source is approved by any applicable - regulatory agencies; and - (3) the cost of the establishment of such water source and - the restoration of the full operation of the hydroelectric - power supply function of the eligible hydroelectric facility is - less than the cost of restoring the eligible hydroelectric - facility to full operation as described under subsection - (b)(3)(A). - (d) Resiliency Standards.--An improvement carried out under this -section shall meet the definition of resilient developed pursuant to -section 406(e) of the Robert T. Stafford Disaster Relief and Emergency -Assistance Act (42 U.S.C. 5172(e)). - (e) Definition of Eligible Hydroelectric Facility.--In this -section, the term ``eligible hydroelectric facility'' means a -hydroelectric facility that-- - (1) is part of a system that provides the primary water - source for more than 200,000 people; - (2) sustained damage eligible for financial assistance - under section 406 of the Robert T. Stafford Disaster Relief and - Emergency Assistance Act (42 U.S.C. 5172); - (3) is licensed by the Federal Energy Regulatory Commission - under part I of the Federal Power Act (16 U.S.C. 792 et seq.); - and - (4) has been assigned a significant hazard potential - classification in accordance with chapter 1 of the Engineering - Guidelines for the Evaluation of Hydropower Projects prepared - by the Federal Energy Regulatory Commission. - (f) The amounts provided by this section are designated by the + Sec. 601. In implementing section 20601 of Public Law 115-123, the +Administrator shall include the costs associated with addressing pre- +disaster condition, undamaged components, codes and standards, and +industry standards in the cost of repair when calculating the +percentage in section 206.226(f) of title 44, Code of Federal +Regulations: Provided, That amounts repurposed under this section that +were previously designated by the Congress, respectively, as an +emergency requirement or as being for disaster relief pursuant to the +Balanced Budget and Emergency Deficit Control Act are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985. - Sec. 506. In implementing section 502 of this Act or section 20601 -of Public Law 115-123, the Administrator shall include the costs -associated with addressing pre-disaster condition, undamaged -components, codes and standards, and industry standards in the cost of -repair when calculating the percentage in section 206.226(f) of title -44, Code of Federal Regulations: Provided, That the amounts provided by -this section are designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985: Provided further, That -amounts repurposed under this heading that were previously designated -by the Congress as an emergency requirement pursuant to the Balanced -Budget and Emergency Deficit Control Act of 1985 are designated by the -Congress as an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985. +Act of 1985 or as being for disaster relief pursuant to section +251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act +of 1985. + Sec. 602. Notwithstanding any other provision of law, funds made +available under each heading in this title shall only be used for the +purposes specifically described under that heading. - TITLE VI + TITLE VII DEPARTMENT OF THE INTERIOR @@ -825,8 +718,8 @@ U.S.C. 5121 et seq.) with respect to calendar year 2018 wildfires or volcanic eruptions, $98,500,000, to remain available until expended: Provided, That of this amount, $72,310,000 is for costs related to the repair and replacement of equipment and facilities damaged by disasters -in 2018: Provided further, That, not later than 90 days after the date -of enactment of this Act, the Survey shall submit a report to the +in 2018: Provided further, That, not later than 90 days after +enactment of this Act, the Survey shall submit a report to the Committees on Appropriations that describes the potential options to replace the facility damaged by the 2018 volcano disaster along with cost estimates and a description of how the Survey will provide direct @@ -903,93 +796,35 @@ Provided, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. For an additional amount for ``State and Tribal Assistance -Grants'', $349,400,000 (increased by $8,800,000) to remain available -until expended, of which $53,300,000 (increased by $8,800,000) shall be -for capitalization grants for the Clean Water State Revolving Funds -under title VI of the Federal Water Pollution Control Act, and of which -$296,100,000 shall be for capitalization grants under section 1452 of -the Safe Drinking Water Act: Provided, That notwithstanding section -604(a) of the Federal Water Pollution Control Act and section -1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated herein -shall be provided to States or Territories in EPA Regions 4, 9, and 10 -in amounts determined by the Administrator for wastewater treatment -works and drinking water facilities impacted by Hurricanes Florence and -Michael, Typhoon Yutu, and calendar year 2018 wildfires and -earthquakes: Provided further, That notwithstanding the requirements -of section 603(i) of the Federal Water Pollution Control Act and -section 1452(d) of the Safe Drinking Water Act, for the funds +Grants'', $349,400,000 to remain available until expended, of which +$53,300,000 shall be for capitalization grants for the Clean Water +State Revolving Funds under title VI of the Federal Water Pollution +Control Act, and of which $296,100,000 shall be for capitalization +grants under section 1452 of the Safe Drinking Water Act: Provided, +That notwithstanding section 604(a) of the Federal Water Pollution +Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, +funds appropriated herein shall be provided to States or Territories in +EPA Regions 4, 9, and 10 in amounts determined by the Administrator for +wastewater treatment works and drinking water facilities impacted by +Hurricanes Florence and Michael, Typhoon Yutu, and calendar year 2018 +wildfires and earthquakes: Provided further, That notwithstanding the +requirements of section 603(i) of the Federal Water Pollution Control +Act and section 1452(d) of the Safe Drinking Water Act, for the funds appropriated herein, each State shall use not less than 20 percent but not more than 30 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these: Provided further, That the Administrator shall -retain $10,400,000 (increased by $8,800,000) of the funds appropriated -herein for grants for drinking water facilities and waste water -treatment plants impacted by Typhoon Yutu: Provided further, That the -funds appropriated herein shall be used for eligible projects whose -purpose is to reduce flood or fire damage risk and vulnerability or to -enhance resiliency to rapid hydrologic change or natural disaster at -treatment works as defined by section 212 of the Federal Water -Pollution Control Act or any eligible facilities under section 1452 of -the Safe Drinking Water Act, and for other eligible tasks at such -treatment works or facilities necessary to further such purposes: -Provided further, That the Administrator of the Environmental -Protection Agency may retain up to $1,000,000 of the funds appropriated -herein for management and oversight: Provided further, That such -amount is designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985. - In addition, for an additional amount for ``State and Tribal -Assistance Grants'', $500,000,000, to remain available until expended, -of which $261,000,000 shall be for capitalization grants for the Clean -Water State Revolving Funds under title VI of the Federal Water -Pollution Control Act, and of which $239,000,000 shall be for -capitalization grants under section 1452 of the Safe Drinking Water -Act: Provided, That notwithstanding section 604(a) of the Federal -Water Pollution Control Act and section 1452(a)(1)(D) of the Safe -Drinking Water Act, funds appropriated herein shall be provided to -States or Territories in EPA Regions 2, 4, and 6 in amounts determined -by the Administrator for wastewater and drinking water treatment works -and facilities impacted by Hurricanes Harvey, Irma, and Maria: -Provided further, That, for Region 2, such funds allocated from funds -appropriated herein shall not be subject to the matching or cost share -requirements of sections 602(b)(2), 602(b)(3) of the Federal Water -Pollution Control Act nor the matching requirements of section 1452(e) -of the Safe Drinking Water Act: Provided further, That, for Region 2, -notwithstanding the requirements of section 603(i) of the Federal Water -Pollution Control Act and section 1452(d) of the Safe Drinking Water -Act, each State and Territory shall use the full amount of its -capitalization grants allocated from funds appropriated herein to -provide additional subsidization to eligible recipients in the form of -forgiveness of principal, negative interest loans or grants or any -combination of these: Provided further, That, for Regions 4 and 6, -notwithstanding the requirements of section 603(i) of the Federal Water -Pollution Control Act and section 1452(d) of the Safe Drinking Water -Act, for the funds allocated, each State shall use not less than 20 -percent but not more than 30 percent amount of its capitalization -grants allocated from funds appropriated herein to provide additional -subsidization to eligible recipients in the form of forgiveness of -principal, negative interest loans or grants or any combination of -these: Provided further, That the Administrator shall retain -$74,600,000 of the funds appropriated herein for grants to any State or -territory that has not established a water pollution control revolving -fund pursuant to title VI of the Federal Water Pollution Control Act or -section 1452 of the Safe Drinking Water Act for drinking water -facilities and waste water treatment plants impacted by Hurricanes Irma -and Maria: Provided further, That the funds appropriated herein shall -only be used for eligible projects whose purpose is to reduce flood -damage risk and vulnerability or to enhance resiliency to rapid -hydrologic change or a natural disaster at treatment works as defined -by section 212 of the Federal Water Pollution Control Act or any -eligible facilities under section 1452 of the Safe Drinking Water Act, -and for other eligible tasks at such treatment works or facilities -necessary to further such purposes: Provided further, That, for Region -2, notwithstanding section 603(d)(2) of the Federal Water Pollution -Control Act and section 1452(f)(2) of the Safe Drinking Water Act, -funds allocated from funds appropriated herein may be used to make -loans or to buy, refinance or restructure the debt obligations of -eligible recipients only where such debt was incurred on or after -September 20, 2017: Provided further, That the Administrator of the +retain $10,400,000 of the funds appropriated herein for grants for +drinking water facilities and waste water treatment plants impacted by +Typhoon Yutu: Provided further, That the funds appropriated herein +shall be used for eligible projects whose purpose is to reduce flood or +fire damage risk and vulnerability or to enhance resiliency to rapid +hydrologic change or natural disaster at treatment works as defined by +section 212 of the Federal Water Pollution Control Act or any eligible +facilities under section 1452 of the Safe Drinking Water Act, and for +other eligible tasks at such treatment works or facilities necessary to +further such purposes: Provided further, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated herein for management and oversight: Provided further, That such amount is designated by the Congress as being for an @@ -1027,8 +862,8 @@ Emergency Deficit Control Act of 1985. For an additional amount for ``National Forest System'' for necessary expenses related to the consequences of Hurricanes Florence and Michael, and the calendar year 2018 wildfires, $84,960,000, to -remain available until expended: Provided, That of this amount -$21,000,000 shall be used for hazardous fuels management activities: +remain available until expended: Provided, That of this amount +$21,000,000 shall be used for hazardous fuels management activities: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. @@ -1078,7 +913,7 @@ of the Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISION--THIS TITLE - Sec. 601. Not later than 45 days after the date of enactment of + Sec. 701. Not later than 45 days after the date of enactment of this Act, the agencies receiving funds appropriated by this title shall provide a detailed operating plan of anticipated uses of funds made available in this title by State and Territory, and by program, @@ -1088,7 +923,7 @@ provided to the Committees: Provided further, That such plans shall be updated, including obligations to date, and submitted to the Committees on Appropriations every 60 days until all such funds are expended. - TITLE VII + TITLE VIII DEPARTMENT OF LABOR @@ -1102,107 +937,99 @@ on Appropriations every 60 days until all such funds are expended. $50,000,000, for the dislocated workers assistance national reserve for necessary expenses directly related to the consequences of Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, wildfires -occurring in calendar year 2018, and tornadoes and floods occurring in -calendar year 2019, to remain available through September 30, 2020: -Provided, That the Secretary of Labor may transfer up to $1,000,000 of -such funds to any other Department of Labor account for reconstruction -and recovery needs, including worker protection activities: Provided -further, That these sums may be used to replace grant funds previously -obligated to the impacted areas: Provided further, That of the amount -provided, up to $500,000, to remain available until expended, shall be -transferred to ``Office of Inspector General'' for oversight of -activities responding to such consequences: Provided further, That -such amount is designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985. +and earthquakes occurring in calendar year 2018, and tornadoes and +floods occurring in calendar year 2019 (referred to under this heading +as ``covered disaster or emergency''), to remain available through +September 30, 2020: Provided, That the Secretary of Labor may transfer +up to $1,000,000 of such funds to any other Department of Labor account +for reconstruction and recovery needs, including worker protection +activities: Provided further, That these sums may be used to replace +grant funds previously obligated to the impacted areas: Provided +further, That of the amount provided, up to $500,000, to remain +available until expended, shall be transferred to ``Office of Inspector +General'' for oversight of activities responding to such covered +disaster or emergency: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. DEPARTMENT OF HEALTH AND HUMAN SERVICES - Substance Abuse and Mental Health Services Administration - - health surveillance and program support + Administration for Children and Families - For an additional amount for ``Health Surveillance and Program -Support'', $30,000,000, to remain available until September 30, 2019, -for grants, contracts and cooperative agreements for behavioral health -treatment, crisis counseling, and other related helplines, and for -other similar programs to provide support to individuals impacted by -Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, -wildfires occurring in 2018, and tornadoes and floods occurring in -calendar year 2019 in those areas for which a major disaster or -emergency has been declared under section 401 or 501 of the Robert T. -Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 -and 5191): Provided, That obligations incurred for the purposes -provided herein prior to the date of enactment of this Act may be -charged to funds appropriated under this heading: Provided further, + payments to states for the child care and development block grant + + For an additional amount for ``Payments to States for the Child +Care and Development Block Grant'', $30,000,000, to remain available +through September 30, 2021, for necessary expenses directly related to +the consequences of Hurricanes Florence and Michael, Typhoon Mangkhut, +Super Typhoon Yutu, and wildfires and earthquakes occurring in calendar +year 2018 and tornadoes and floods occurring in calendar year 2019 in +those areas for which a major disaster or emergency has been declared +under section 401 or 501 of the Robert T. Stafford Disaster Relief and +Emergency Assistance Act (42 U.S.C. 5170 and 5191): Provided, That the +Secretary shall allocate such funds based on assessed need +notwithstanding sections 658J and 658O of the Child Care and +Development Block Grant Act of 1990: Provided further, That such funds +may be used for costs of renovating, repairing, or rebuilding child +care facilities without regard to section 658F(b) or 658G of such Act +and with amounts allocated for such purposes excluded from the +calculation of percentages under subsection 658E(c)(3) of such Act: +Provided further, That notwithstanding section 658J(c) of such Act, +funds allotted to a State and used for renovating, repairing, or +rebuilding child care facilities may be obligated by the State in that +fiscal year or the succeeding three fiscal years: Provided further, +That Federal interest provisions will not apply to the renovation or +rebuilding of privately-owned family child care homes, and the +Secretary shall develop parameters on the use of funds for family child +care homes: Provided further, That the Secretary shall not retain +Federal interest after a period of 10 years in any facility renovated, +repaired, or rebuilt with funds appropriated under this paragraph: +Provided further, That funds appropriated in this paragraph shall not +be available for costs that are reimbursed by the Federal Emergency +Management Agency, under a contract for insurance, or by self- +insurance: Provided further, That obligations incurred for the +purposes provided herein prior to the date of enactment of this Act may +be charged to funds appropriated under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. - Administration for Children and Families - - social services block grant - - For an additional amount for ``Social Services Block Grant'', -$250,000,000, which shall remain available through September 30, 2020, -for necessary expenses directly related to the consequences of -Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, -wildfires occurring in 2018, and tornadoes and floods occurring in -calendar year 2019 in those areas for which a major disaster or -emergency has been declared under section 401 or 501 of the Robert T. -Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 -and 5191): Provided, That notwithstanding section 2002 of the Social -Security Act, the distribution of such amount shall be limited to -States directly affected by these events: Provided further, That the -time limits in section 2002(c) of the Social Security Act shall not -apply to funds appropriated in this paragraph that are used for -renovation, repair or construction: Provided further, That funds -appropriated in this paragraph are in addition to the entitlement -grants authorized by section 2002(a)(1) of the Social Security Act and -shall not be available for such entitlement grants: Provided further, -That in addition to other uses permitted by title XX of the Social -Security Act, funds appropriated in this paragraph may be used for -health services (including mental health services), and for costs of -renovating, repairing, and construction of health care facilities -(including mental health facilities), child care centers, and other -social services facilities: Provided further, That of the amount -provided, up to $1,000,000, to remain available until expended, shall -be transferred to ``Office of the Secretary--Office of Inspector -General'' for oversight of activities responding to such hurricanes, -typhoons, wildfires, tornadoes, and floods: Provided further, That -funds appropriated in this paragraph shall not be available for costs -that are reimbursed by the Federal Emergency Management Agency, under a -contract for insurance, or by self-insurance: Provided further, That -obligations incurred for the purposes provided herein prior to the date -of enactment of this Act may be charged to funds appropriated under -this heading: Provided further, That up to $3,000,000 may be used to -supplement amounts available for the necessary expenses of -administering subtitle A of title XX of the Social Security Act: -Provided further, That such amount is designated by the Congress as -being for an emergency requirement pursuant to section 251(b)(2)(A)(i) -of the Balanced Budget and Emergency Deficit Control Act of 1985. - children and families services programs For an additional amount for ``Children and Families Services -Programs'', $60,000,000, to remain available until September 30, 2021, -for Head Start programs, including making payments under the Head Start -Act, for necessary expenses directly related to the consequences of +Programs'', $90,000,000, to remain available through September 30, +2021, for necessary expenses directly related to the consequences of Hurricanes Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, -wildfires occurring in 2018, and tornadoes and floods occurring in -calendar year 2019 in those areas for which a major disaster or -emergency has been declared under section 401 or 501 of the Robert T. -Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 -and 5191): Provided, That none of the funds appropriated in this -paragraph shall be included in the calculation of the ``base grant'' in -subsequent fiscal years, as such term is defined in section +and wildfires and earthquakes occurring in calendar year 2018 and +tornadoes and floods occurring in calendar year 2019 in those areas for +which a major disaster or emergency has been declared under section 401 +or 501 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5170 and 5191): Provided, That $55,000,000 +shall be for Head Start programs, including making payments under the +Head Start Act: Provided further, That none of funds provided in the +previous proviso shall be included in the calculation of the ``base +grant'' in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act: -Provided further, That funds appropriated in this paragraph are not -subject to the allocation requirements of section 640(a) of the Head -Start Act: Provided further, That funds appropriated in this paragraph -shall not be available for costs that are reimbursed by the Federal -Emergency Management Agency, under a contract for insurance, or by -self-insurance: Provided further, That up to $2,000,000 shall be +Provided further, That funds provided in the second previous proviso +are not subject to the allocation requirements of section 640(a) of the +Head Start Act: Provided further, That $5,000,000 shall be for +payments to States, territories, and tribes for activities authorized +under subpart 1 of part B of title IV of the Social Security Act, with +such funds allocated based on assessed need notwithstanding section 423 +of such Act and paid without regard to percentage limitations in +subsections (a) or (e) in section 424 of such Act: Provided further, +That $25,000,000 shall be for payments to States, territories, and +tribes authorized under the Community Services Block Grant Act, with +such funds allocated based on assessed need notwithstanding sections +674(b), 675A, and 675B of such Act: Provided further, That +notwithstanding section 676(b)(8) of the Community Services Block Grant +Act, each State, territory, or tribe may allocate funds to eligible +entities based on assessed need: Provided further, That funds +appropriated in this paragraph shall not be available for costs that +are reimbursed by the Federal Emergency Management Agency, under a +contract for insurance, or by self-insurance: Provided further, That +up to $5,000,000, to remain available until expended, shall be available for Federal administrative expenses: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this Act may be charged to funds appropriated under @@ -1211,6 +1038,53 @@ Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. + Office of the Secretary + + public health and social services emergency fund + + (including transfers of funds) + + For an additional amount for the ``Public Health and Social +Services Emergency Fund'', $201,000,000, to remain available through +September 30, 2020, for necessary expenses directly related to the +consequences of Hurricanes Florence and Michael, Typhoon Mangkhut, +Super Typhoon Yutu, and wildfires and earthquakes occurring in calendar +year 2018 and tornadoes and floods occurring in calendar year 2019 in +those areas for which a major disaster or emergency has been declared +under section 401 or 501 of the Robert T. Stafford Disaster Relief and +Emergency Assistance Act (42 U.S.C. 5170 and 5191) (referred to under +this heading as ``covered disaster or emergency''), including +activities authorized under section 319(a) of the Public Health Service +Act (referred to in this Act as the ``PHS Act''): Provided, That of +the amount provided, $80,000,000 shall be transferred to ``Health +Resources and Services Administration--Primary Health Care'' for +expenses directly related to a covered disaster or emergency for +disaster response and recovery, for the Health Centers Program under +section 330 of the PHS Act, including alteration, renovation, +construction, equipment, and other capital improvement costs as +necessary to meet the needs of areas affected by a covered disaster or +emergency: Provided further, That the time limitation in section +330(e)(3) of the PHS Act shall not apply to funds made available under +the preceding proviso: Provided further, That of the amount provided, +not less than $20,000,000 shall be transferred to ``Centers for Disease +Control and Prevention--CDC-Wide Activities and Program Support'' for +response, recovery, mitigation, and other expenses directly related to +a covered disaster or emergency: Provided further, That of the amount +provided, not less than $100,000,000 shall be transferred to +``Substance Abuse and Mental Health Services Administration--Health +Surveillance and Program Support'' for grants, contracts, and +cooperative agreements for behavioral health treatment, treatment of +substance use disorders, crisis counseling, and other related +helplines, and for other similar programs to provide support to +individuals impacted by a covered disaster or emergency: Provided +further, That of the amount provided, up to $1,000,000, to remain +available until expended, shall be transferred to ``Office of the +Secretary--Office of Inspector General'' for oversight of activities +responding to such covered disasters or emergencies: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + DEPARTMENT OF EDUCATION hurricane education recovery @@ -1219,122 +1093,90 @@ Act of 1985. For an additional amount for ``Hurricane Education Recovery'' for necessary expenses related to the consequences of Hurricanes Florence -and Michael, Typhoon Mangkhut, Super Typhoon Yutu, the wildfires, -earthquakes, and volcanic eruptions occurring in calendar year 2018, -and tornadoes and floods occurring in calendar year 2019 in those areas -for which a major disaster or emergency has been declared under section -401 or 501 of the Robert T. Stafford Disaster Relief and Emergency +and Michael, Typhoon Mangkhut, Super Typhoon Yutu, and wildfires, +earthquakes, and volcanic eruptions occurring in calendar year 2018 and +tornadoes and floods occurring in calendar year 2019 in those areas for +which a major disaster or emergency has been declared under section 401 +or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191) (referred to under this -heading as a ``covered disaster or emergency''), $165,000,000, to -remain available through September 30, 2019: Provided, That such -assistance may be provided through any of the programs authorized under -this heading in title VIII of subdivision 1 of division B of Public Law -115-123 (as amended by Public Law 115-141), as determined by the -Secretary of Education, and subject to the terms and conditions that -applied to those programs, except that references to dates and school -years in Public Law 115-123 shall be deemed to be the corresponding -dates and school years for the covered disaster or emergency: Provided -further, That the Secretary of Education may determine the amounts to -be used for each such program and shall notify the Committees on -Appropriations of the House of Representatives and the Senate of these -amounts not later than 7 days prior to obligation: Provided further, -That $2,000,000 of the funds made available under this heading, to -remain available until expended, shall be transferred to the Office of -the Inspector General of the Department of Education for oversight of -activities supported with funds appropriated under this heading, and up -to $1,000,000 of the funds made available under this heading shall be -for program administration: Provided further, That such amount is -designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985. +heading as ``covered disaster or emergency''), $165,000,000, to remain +available through September 30, 2020, for assisting in meeting the +educational needs of individuals affected by a covered disaster or +emergency: Provided, That such assistance may be provided through any +of the programs authorized under this heading in title VIII of +subdivision 1 of division B of Public Law 115-123 (as amended by Public +Law 115-141), as determined by the Secretary of Education, and subject +to the terms and conditions that applied to those programs, except that +references to dates and school years in Public Law 115-123 shall be +deemed to be the corresponding dates and school years for the covered +disaster or emergency: Provided further, That the Secretary of +Education may determine the amounts to be used for each such program +and shall notify the Committees on Appropriations of the House of +Representatives and the Senate of these amounts not later than 7 days +prior to obligation: Provided further, That $2,000,000 of the funds +made available under this heading, to remain available until expended, +shall be transferred to the Office of the Inspector General of the +Department of Education for oversight of activities supported with +funds appropriated under this heading, and up to $1,000,000 of the +funds made available under this heading shall be for program +administration: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. GENERAL PROVISIONS--THIS TITLE - Sec. 701. (a) Section 1108(g)(5) of the Social Security Act (42 + Sec. 801. Not later than 30 days after enactment of this Act, the +Secretaries of Labor, Health and Human Services, and Education shall +provide a detailed spend plan of anticipated uses of funds made +available in this title, including estimated personnel and +administrative costs, to the Committees on Appropriations: Provided, +That such plans shall be updated and submitted to the Committees on +Appropriations every 60 days until all funds are expended or expire. + Sec. 802. (a) Section 1108(g)(5) of the Social Security Act (42 U.S.C. 1308(g)(5)) is amended-- - (1) in subparagraph (A), by striking ``and (E)'' and - inserting ``(E), and (F)''; - (2) in subparagraph (C), in the matter preceding clause - (i), by striking ``and (E)'' and inserting ``and (F)''; - (3) by redesignating subparagraph (E) as subparagraph (F); - (4) by inserting after subparagraph (D), the following: - ``(E) Subject to subparagraph (F), for the period - beginning January 1, 2019, and ending September 30, - 2019, the amount of the increase otherwise provided - under subparagraph (A) for the Northern Mariana Islands - shall be further increased by $36,000,000.''; and - (5) in subparagraph (F) (as redesignated by paragraph (3) - of this section)-- - (A) by striking ``title XIX, during'' and inserting - ``title XIX-- - ``(i) during''; - (B) by striking ``and (D)'' and inserting ``, (D), - and (E)''; - (C) by striking ``and the Virgin Islands'' each - place it appears and inserting ``, the Virgin Islands, - and the Northern Mariana Islands''; - (D) by striking the period at the end and inserting - ``; and''; and - (E) by adding at the end the following: - ``(ii) for the period beginning January 1, - 2019, and ending September 30, 2019, with - respect to payments to Guam and American Samoa - from the additional funds provided under - subparagraph (A), the Secretary shall increase - the Federal medical assistance percentage or - other rate that would otherwise apply to such - payments to 100 percent.''. + (1) in subparagraph (A), by striking ``and (E)'' and inserting + ``(E), and (F)''; + (2) in subparagraph (C), in the matter preceding clause (i), by + striking ``and (E)'' and inserting ``and (F)''; + (3) by redesignating subparagraph (E) as subparagraph (F); + (4) by inserting after subparagraph (D), the following: + ``(E) Subject to subparagraph (F), for the period beginning + January 1, 2019, and ending September 30, 2019, the amount of + the increase otherwise provided under subparagraph (A) for the + Northern Mariana Islands shall be further increased by + $36,000,000.''; and + (5) in subparagraph (F) (as redesignated by paragraph (3) of + this section)-- + (A) by striking ``title XIX, during'' and inserting ``title + XIX-- + ``(i) during''; + (B) by striking ``and (D)'' and inserting ``, (D), and + (E)''; + (C) by striking ``and the Virgin Islands'' each place it + appears and inserting ``, the Virgin Islands, and the Northern + Mariana Islands''; + (D) by striking the period at the end and inserting ``; + and''; and + (E) by adding at the end the following: + ``(ii) for the period beginning January 1, 2019, and + ending September 30, 2019, with respect to payments to Guam + and American Samoa from the additional funds provided under + subparagraph (A), the Secretary shall increase the Federal + medical assistance percentage or other rate that would + otherwise apply to such payments to 100 percent.''; and + (6) by adding at the end the following: + ``(G) Not later than September 30, 2019, Guam and American + Samoa shall each submit a plan to the Secretary outlining the + steps each such territory shall take to collect and report + reliable data to the Transformed Medicaid Statistical + Information System (T-MSIS) (or a successor system).''. (b) The amounts provided by the amendments made by subsection (a) are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985. - Sec. 702. Not later than 30 days after the date of enactment of -this Act, the Secretaries of Labor, Health and Human Services, and -Education shall provide a detailed spend plan of anticipated uses of -funds made available in this title, including estimated personnel and -administrative costs, to the Committees on Appropriations: Provided, -That such plans shall be updated and submitted to the Committees on -Appropriations every 60 days until all funds are expended or expire. - Sec. 703. The second proviso under the heading ``Hurricane -Education Recovery'' under the heading ``Department of Education'' -under title VIII of subdivision 1 of division B of the Bipartisan -Budget Act of 2018 (Public Law 115-123; 132 Stat. 95) is amended-- - (1) in paragraph (2)-- - (A) in subparagraph (I), by striking ``and'' after - the semicolon; and - (B) by adding at the end the following: - ``(K) assistance provided to an eligible entity - under this heading, including assistance provided to an - eligible entity before the date of enactment of the - Supplemental Appropriations Act, 2019, may be used by - the eligible entity for a purpose described in section - 406 of the Robert T. Stafford Disaster and Relief - Emergency Act (42 U.S.C. 5172), notwithstanding section - 102(e)(3) of title IV of division B of Public Law 109- - 148 (119 Stat. 2794), if the eligible entity will - receive funds for that purpose under such section 406; - and - ``(L) any duplicative Federal assistance provided - under this heading to an eligible entity may be - retained by the entity and used for other activities to - restart school operations in accordance with this - paragraph;''; - (2) in paragraph (9), by striking ``and'' after the - semicolon; - (3) by redesignating paragraph (10) as paragraph (11); and - (4) by inserting after paragraph (9) the following: - ``(10) amounts available under paragraph (4) that exceed - the amount required to meet the need for such funds as - determined by the Secretary as of December 31, 2018, shall be - available to carry out paragraph (3); and'': - Provided, That amounts repurposed pursuant to this section that were -previously designated by the Congress as an emergency requirement -pursuant to the Balanced Budget and Emergency Deficit Control Act are -designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. - TITLE VIII + TITLE IX LEGISLATIVE BRANCH @@ -1360,53 +1202,50 @@ That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. - TITLE IX + TITLE X DEPARTMENT OF DEFENSE Military Construction, Navy and Marine Corps For an additional amount for ``Military Construction, Navy and -Marine Corps'', $115,000,000 (increased by $385,000,000), to remain -available until September 30, 2023, for planning and design related to -the consequences of Hurricanes Florence and Michael on Navy and Marine +Marine Corps'', $600,000,000, to remain available until September 30, +2023, for planning and design, and construction expenses related to the +consequences of Hurricanes Florence and Michael on Navy and Marine Corps installations: Provided, That none of the funds shall be available for obligation until the Committees on Appropriations of the House of Representatives and the Senate receive a master plan for the -installations and a form 1391 for each specific project: Provided -further, That, not later than 60 days after enactment of this Act, the -Secretary of the Navy, or his designee, shall submit to the Committees -on Appropriations of the House of Representatives and the Senate a -detailed expenditure plan for funds provided under this heading: -Provided further, That such amount is designated by the Congress as -being for an emergency requirement pursuant to section 251(b)(2)(A)(i) -of the Balanced Budget and Emergency Deficit Control Act of 1985: -Provided further, That notwithstanding section 2808 of title 10, United -States Code, or any other provision of law, funds made available under -this heading may only be used for the purposes specifically described -under this heading. +installations: Provided further, That, not later than 60 days after +enactment of this Act, the Secretary of the Navy, or his designee, +shall submit to the Committees on Appropriations of the House of +Representatives and the Senate a detailed expenditure plan for funds +provided under this heading: Provided further, That such funds may be +obligated or expended for planning and design and military construction +projects not otherwise authorized by law: Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. Military Construction, Air Force For an additional amount for ``Military Construction, Air Force'', -$700,000,000 (increased by $300,000,000), to remain available until -September 30, 2023, for planning and design, and construction expenses -related to the consequences of Hurricane Michael: Provided, That none -of the funds shall be available for obligation until the Committees on -Appropriations of the House of Representatives and the Senate receive a -basing plan and future mission requirements for installations -significantly damaged by Hurricane Michael: Provided further, That, -not later than 60 days after enactment of this Act, the Secretary of -the Air Force, or his designee, shall submit to the Committees on -Appropriations of the House of Representatives and the Senate a -detailed expenditure plan for funds provided under this heading: -Provided further, That such amount is designated by the Congress as -being for an emergency requirement pursuant to section 251(b)(2)(A)(i) -of the Balanced Budget and Emergency Deficit Control Act of 1985: -Provided further, That notwithstanding section 2808 of title 10, United -States Code, or any other provision of law, funds made available under -this heading may only be used for the purposes specifically described -under this heading. +$1,000,000,000, to remain available until September 30, 2023, for +planning and design, and construction expenses related to the +consequences of Hurricane Michael and floods occurring in calendar year +2019: Provided, That none of the funds shall be available for +obligation until the Committees on Appropriations of the House of +Representatives and the Senate receive a basing plan and future mission +requirements for installations significantly damaged by Hurricane +Michael: Provided further, That, not later than 60 days after +enactment of this Act, the Secretary of the Air Force, or his designee, +shall submit to the Committees on Appropriations of the House of +Representatives and the Senate a detailed expenditure plan for funds +provided under this heading: Provided further, That such funds may be +obligated or expended for planning and design and military construction +projects not otherwise authorized by law: Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. Military Construction, Army National Guard @@ -1425,11 +1264,7 @@ obligated or expended for planning and design and military construction projects not otherwise authorized by law: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985: Provided further, That -notwithstanding section 2808 of title 10, United States Code, or any -other provision of law, funds made available under this heading may -only be used for the purposes specifically described under this -heading. +and Emergency Deficit Control Act of 1985. DEPARTMENT OF VETERANS AFFAIRS @@ -1448,7 +1283,7 @@ needs as a result of the consequences of Hurricanes Florence and Michael and Typhoons Mangkhut and Yutu, may transfer such funds to any discretionary account of the Department of Veterans Affairs: Provided further, That before a transfer may take place, the Secretary of -Veterans Affairs shall submit notice thereof to the Committee on +Veterans Affairs shall submit notice thereof to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That none of these funds shall be available for obligation until the Secretary of Veterans Affairs submits to the @@ -1459,7 +1294,14 @@ Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. - TITLE X + GENERAL PROVISION--THIS TITLE + + Sec. 1001. Notwithstanding any other provision of law, funds made +available under each heading within the ``Department of Defense'' in +this title shall only be used for the purposes specifically described +under that heading. + + TITLE XI DEPARTMENT OF TRANSPORTATION @@ -1505,10 +1347,10 @@ Act of 1985. For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, -$1,650,000,000 (increased by $500,000,000), to remain available until -expended: Provided, That such amount is designated by the Congress as -being for an emergency requirement pursuant to section 251(b)(2)(A)(i) -of the Balanced Budget and Emergency Deficit Control Act of 1985. +$1,650,000,000, to remain available until expended: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT @@ -1519,7 +1361,7 @@ of the Balanced Budget and Emergency Deficit Control Act of 1985. (including transfers of funds) For an additional amount for ``Community Development Fund'', -$2,210,000,000, to remain available until expended, for necessary +$2,431,000,000, to remain available until expended, for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and @@ -1530,70 +1372,87 @@ to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly to the State, unit of general local government, or Indian tribe (as such term is defined in section 102 of the Housing and -Community Development Act of 1974) at the discretion of the Secretary: +Community Development Act of 1974) at the discretion of the Secretary: Provided further, That of the amounts made available under this heading -$150,000,000 shall be allocated to meet unmet needs for restoration of -infrastructure for grantees that received allocations for disasters -that occurred in 2017 (excluding grantees that received allocations -related to disasters specified in section 501(a) of title V of this -Act) under this heading of division B of Public Law 115-56 and title XI -of subdivision 1 of division B of Public Law 115-123: Provided further, -That of the amounts provided in the previous proviso, the Secretary's -determination of unmet needs for restoration of infrastructure shall -not take into account mitigation-specific allocations: Provided -further, That any funds made available under this heading and under the -same heading in Public Law 115-254 that remain available, after the -funds under such headings have been allocated for necessary expenses -for activities authorized under such headings, shall be allocated to -grantees receiving awards for disasters that occurred in 2018 or 2019, -for mitigation activities in the most impacted and distressed areas -resulting from a major disaster that occurred in 2018 or 2019: -Provided further, That allocations under the previous proviso shall be -made in the same proportion that the amount of funds each grantee -received or will receive under this heading for unmet needs related to -disasters that occurred in 2018 or 2019 and the same heading in -division I of Public Law 115-254 bears to the amount of all funds -provided to all grantees that received allocations for disasters that -occurred in 2018 or 2019: Provided further, That of the amounts made -available under the text preceding the first proviso under this heading -and under the same heading in Public Law 115-254, the Secretary shall -allocate to all such grantees an aggregate amount not less than 33 -percent of the sum of such amounts of funds within 120 days after the -date of enactment of this Act based on the best available data, and -shall allocate no less than 100 percent of such funds by no later than -180 days after the date of enactment of this Act: Provided further, -That the Secretary shall not prohibit the use of funds made available -under this heading and the same heading in Public Law 115-254 for non- -Federal share as authorized by section 105(a)(9) of the Housing and -Community Development Act of 1974 (42 U.S.C. 5305(a)(9)): Provided -further, That of the amounts made available under this heading, -grantees may establish grant programs to assist small businesses for -working capital purposes to aid in recovery: Provided further, That as -a condition of making any grant, the Secretary shall certify in advance -that such grantee has in place proficient financial controls and -procurement processes and has established adequate procedures to -prevent any duplication of benefits as defined by section 312 of the -Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 -U.S.C. 5155), to ensure timely expenditure of funds, to maintain -comprehensive websites regarding all disaster recovery activities -assisted with these funds, and to detect and prevent waste, fraud, and -abuse of funds: Provided further, That with respect to any such -duplication of benefits, the Secretary shall act in accordance with -section 1210 of Public Law 115-254 (132 Stat. 3442) and section 312 of -the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 -U.S.C. 5155): Provided further, That the Secretary shall require -grantees to maintain on a public website information containing common -reporting criteria established by the Department that permits -individuals and entities awaiting assistance and the general public to -see how all grant funds are used, including copies of all relevant -procurement documents, grantee administrative contracts and details of -ongoing procurement processes, as determined by the Secretary: -Provided further, That prior to the obligation of funds a grantee shall -submit a plan to the Secretary for approval detailing the proposed use -of all funds, including criteria for eligibility and how the use of -these funds will address long-term recovery and restoration of -infrastructure and housing, economic revitalization, and mitigation in -the most impacted and distressed areas: Provided further, That such +$431,000,000 shall be allocated to meet unmet infrastructure needs for +grantees that received allocations for disasters that occurred in 2017 +under this heading of division B of Public Law 115-56 and title XI of +subdivision 1 of division B of Public Law 115-123, of which +$331,442,114 shall be allocated to those grantees affected by Hurricane +Maria: Provided further, That of the amounts provided in the previous +proviso, the Secretary's determination of unmet needs for +infrastructure shall not take into account mitigation-specific +allocations: Provided further, That any amounts allocated pursuant to +the previous two provisos to any such grantee shall not be available +for draw down and expenditure by a grantee that has entered into +alternative procedures under section 428 of the Stafford Act as of the +date of enactment of this Act until such grantee has reached a final +agreement on all fixed cost estimates within the timeline provided by +the Federal Emergency Management Agency: Provided further, That prior +to making any grant of funds provided in the previous three provisos, +the Secretary must receive from the grantee information that allows the +Secretary to certify that such grantee has in place proficient +financial controls and procurement processes and has established +adequate procedures to prevent any duplication of benefits as defined +by section 312 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5155), to ensure timely expenditure of funds, +to maintain comprehensive websites regarding all disaster recovery +activities assisted with these funds, and to detect and prevent waste, +fraud, and abuse of funds: Provided further, That of the amounts made +available under this heading in Public Law 115-123 and transferred to +the Office of Inspector General, no less than $6,000,000 shall be for +necessary costs of overseeing and auditing funds made available to +grantees affected by Hurricane Maria, including a review of grant +expenditure rates: Provided further, That any funds made available +under this heading and under the same heading in Public Law 115-254 +that remain available, after the funds under such headings have been +allocated for necessary expenses for activities authorized under such +headings, shall be allocated to grantees, for mitigation activities in +the most impacted and distressed areas resulting from a major disaster +that occurred in 2018: Provided further, That such allocations shall +be made in the same proportion that the amount of funds each grantee +received under this Act and the same heading in division I of Public +Law 115-254 bears to the amount of all funds provided to all grantees +that received allocations for disasters that occurred in 2018: +Provided further, That of the amounts made available under the text +preceding the first proviso under this heading and under the same +heading in Public Law 115-254, the Secretary shall allocate to all such +grantees an aggregate amount not less than 33 percent of the sum of +such amounts of funds within 120 days after the enactment of this Act +based on the best available data, and shall allocate no less than 100 +percent of such funds by no later than 180 days after the enactment of +this Act: Provided further, That the Secretary shall not prohibit the +use of funds made available under this heading and the same heading in +Public Law 115-254 for non-Federal share as authorized by section +105(a)(9) of the Housing and Community Development Act of 1974 (42 +U.S.C. 5305(a)(9)): Provided further, That of the amounts made +available under this heading, grantees may establish grant programs to +assist small businesses for working capital purposes to aid in +recovery: Provided further, That as a condition of making any grant, +the Secretary shall certify in advance that such grantee has in place +proficient financial controls and procurement processes and has +established adequate procedures to prevent any duplication of benefits +as defined by section 312 of the Robert T. Stafford Disaster Relief and +Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure +of funds, to maintain comprehensive websites regarding all disaster +recovery activities assisted with these funds, and to detect and +prevent waste, fraud, and abuse of funds: Provided further, That with +respect to any such duplication of benefits, the Secretary shall act in +accordance with section 1210 of Public Law 115-254 (132 Stat. 3442) and +section 312 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5155): Provided further, That the Secretary +shall require grantees to maintain on a public website information +containing common reporting criteria established by the Department that +permits individuals and entities awaiting assistance and the general +public to see how all grant funds are used, including copies of all +relevant procurement documents, grantee administrative contracts and +details of ongoing procurement processes, as determined by the +Secretary: Provided further, That prior to the obligation of funds a +grantee shall submit a plan to the Secretary for approval detailing the +proposed use of all funds, including criteria for eligibility and how +the use of these funds will address long-term recovery and restoration +of infrastructure and housing, economic revitalization, and mitigation +in the most impacted and distressed areas: Provided further, That such funds may not be used for activities reimbursed by, or for which funds have been made available by, the Federal Emergency Management Agency or the Army Corps of Engineers, in excess of the authorized amount of the @@ -1679,7 +1538,7 @@ Emergency Deficit Control Act of 1985. GENERAL PROVISION--THIS TITLE - Sec. 1001. (a) Amounts previously made available for activities + Sec. 1101. (a) Amounts previously made available for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic @@ -1735,26 +1594,44 @@ Congress as being for an emergency requirement pursuant to section Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. - - TITLE XI - - GENERAL SERVICES ADMINISTRATION - - Real Property Activities - - federal buildings fund - - For an additional amount, to be deposited in the Federal Buildings -Fund, $91,200,000, to remain available until expended, for necessary -expenses related to the consequences of Hurricane Florence for repair -and alteration of buildings under the custody and control of the -Administrator of General Services, and real property management and -related activities not otherwise provided for: Provided, That such -amount may be used to reimburse the Fund for obligations incurred for -this purpose prior to the date of the enactment of this Act: Provided -further, That such amount is designated by the Congress as being for an -emergency requirement pursuant to section 251(b)(2)(A)(i) of the -Balanced Budget and Emergency Deficit Control Act of 1985. + Sec. 1102. Of all amounts made available for mitigation activities +under the heading ``Department of Housing and Urban Development-- +Community Development Fund'' in Public Law 115-123, the Secretary shall +publish in the Federal Register the allocations to all eligible +grantees, and the necessary administrative requirements applicable to +such allocations within 90 days after enactment of this Act: + (1) For any plans or amendments addressing the use of any funds + provided under Public Law 115-123 and received by the Secretary + prior to December 22, 2018, the Secretary shall review pending + amendments within 15 days of enactment of this Act and pending + plans within 30 days of enactment of this Act; + (2) After the date of enactment of this Act, the Secretary may + not apply the statutory waiver or alternative requirement authority + provided by Public Law 115-123 to extend or otherwise alter + existing statutory and regulatory provisions governing the timeline + for review of required grantee plans: + Provided, That any amounts allocated pursuant to this section to any +such grantee shall not be available for draw down and expenditure by a +grantee that has entered into alternative procedures under section 428 +of the Stafford Act as of the date of enactment of this Act until such +grantee has reached a final agreement on all fixed cost estimates +within the timeline provided by the Federal Emergency Management +Agency: Provided further, That prior to making any grant of funds +allocated pursuant to this section, the Secretary must receive from the +grantee information that allows the Secretary to certify that such +grantee has in place proficient financial controls and procurement +processes and has established adequate procedures to prevent any +duplication of benefits as defined by section 312 of the Robert T. +Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), +to ensure timely expenditure of funds, to maintain comprehensive +websites regarding all disaster recovery activities assisted with these +funds, and to detect and prevent waste, fraud, and abuse of funds: +Provided further, That amounts repurposed under this heading that were +previously designated by the Congress as an emergency requirement +pursuant to the Balanced Budget and Emergency Deficit Control Act of +1985 are designated by the Congress as an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. TITLE XII @@ -1767,80 +1644,38 @@ involved. shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 1203. Unless otherwise provided for by this Act, the -additional amounts appropriated by this division to appropriations -accounts shall be available under the authorities and conditions -applicable to such appropriations accounts for fiscal year 2019. +additional amounts appropriated by this Act to appropriations accounts +shall be available under the authorities and conditions applicable to +such appropriations accounts for fiscal year 2019. Sec. 1204. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. - Sec. 1205. Any amount appropriated by this Act designated by the + Sec. 1205. For purposes of this Act, the consequences or impacts +of any hurricane shall include damages caused by the storm at any time +during the entirety of its duration as a cyclone, as defined by the +National Hurricane Center. + Sec. 1206. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and -transferred pursuant to transfer authorities provided by this division -shall retain such designation. - Sec. 1206. Of all amounts made available for mitigation activities -under the heading ``Department of Housing and Urban Development-- -Community Development Fund'' in Public Law 115-123, the Secretary shall -publish in the Federal Register the allocations to all eligible -grantees, and the necessary administrative requirements applicable to -such allocations within 14 days after enactment of this Act: - (1) For any plans or amendments addressing the use of any - funds provided under Public Law 115-123 and received by the - Secretary prior to December 22, 2018, the Secretary shall - review pending amendments within 15 days of enactment of this - Act and pending plans within 30 days of enactment of this Act. - (2) After the date of this Act, the Secretary may not apply - the statutory waiver or alternative requirement authority - provided by Public Law 115-123 to extend or otherwise alter - existing statutory and regulatory provisions governing the - timeline for review of required grantee plans: - Provided, That the amounts provided by this section are designated by -the Congress as being for an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985: Provided further, That amounts repurposed under this -heading that were previously designated by the Congress as an emergency -requirement pursuant to the Balanced Budget and Emergency Deficit -Control Act of 1985 are designated by the Congress as an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985. - Sec. 1207. (a) Financing.--Section 1309(a) of the National Flood -Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ``May -31, 2019'' and inserting ``September 30, 2019''. - (b) Program Expiration.--Section 1319 of the National Flood -Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking ``May 31, -2019'' and inserting ``September 30, 2019''. - (c) Retroactive Effective Date.--If this Act is enacted after May -31, 2019, the amendments made by subsections (a) and (b) shall take -effect as if enacted on May 31, 2019. - Sec. 1208. None of the funds in this Act shall be made available -to implement paragraph (3) of section 412(g) of the Agricultural -Research, Extension, and Education Reform Act of 1998 (7 U.S.C. -7632(g)). - Sec. 1209. None of the funds made available by this Act may be -used to enforce section 668.105(h) of title 23, Code of Federal -Regulations, for any projects in response to disasters that occurred in -fiscal year 2017 or thereafter. - This Act may be cited as the ``Supplemental Appropriations Act, -2019''. - - Passed the House of Representatives May 10, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2157 - -_______________________________________________________________________ - - AN ACT - -Making supplemental appropriations for the fiscal year ending September - 30, 2019, and for other purposes. +transferred pursuant to transfer authorities provided by this Act shall +retain such designation. + Sec. 1207. (a) Section 1309(a) of the National Flood Insurance Act +of 1968 (42 U.S.C. 4016(a)) is amended by striking ``June 14, 2019'' +and inserting ``September 30, 2019''. + (b) Section 1319 of the National Flood Insurance Act of 1968 (42 +U.S.C. 4026) is amended by striking ``June 14, 2019'' and inserting +``September 30, 2019''. + (c) If this Act is enacted after June 14, 2019, the amendments made +by subsections (a) and (b) shall take effect as if enacted on June 14, +2019. + This Act may be cited as the ``Additional Supplemental +Appropriations for Disaster Relief Act, 2019''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 2db6f1935f7d2c3da72b8fd6d45d831301909013 Mon Sep 17 00:00:00 2001 From: "Rep. Barr, Andy [R-KY-6]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 224/984] House-2196: Introduced to House --- bills_text/House-2196.txt | 41 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 41 insertions(+) create mode 100644 bills_text/House-2196.txt diff --git a/bills_text/House-2196.txt b/bills_text/House-2196.txt new file mode 100644 index 0000000..9d3a28b --- /dev/null +++ b/bills_text/House-2196.txt @@ -0,0 +1,41 @@ +116th CONGRESS + 1st Session + H. R. 2196 + + To amend title 38, United States Code, to reduce the credit hour +requirement for the Edith Nourse Rogers STEM Scholarship program of the + Department of Veterans Affairs. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 10, 2019 + +Mr. Barr (for himself, Mr. Levin of California, and Mr. David P. Roe of + Tennessee) introduced the following bill; which was referred to the + Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend title 38, United States Code, to reduce the credit hour +requirement for the Edith Nourse Rogers STEM Scholarship program of the + Department of Veterans Affairs. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. REDUCTION IN CREDIT HOUR REQUIREMENT FOR EDITH NOURSE ROGERS + STEM SCHOLARSHIP. + + Section 3320(b)(4)(A)(i) of title 38, United States Code, is +amended by striking ``more than the standard 128 semester (or 192 +quarter) credit hours'' and inserting ``at least the standard 120 +semester (or 180 quarter) credit hours''. + \ No newline at end of file From 2548469fc73fa625256483b6f1e7e8dff0fbf7b1 Mon Sep 17 00:00:00 2001 From: "Rep. Barr, Andy [R-KY-6]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 225/984] House-2196: Engrossed in House --- bills_text/House-2196.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-2196.txt b/bills_text/House-2196.txt index 9d3a28b..f7c8511 100644 --- a/bills_text/House-2196.txt +++ b/bills_text/House-2196.txt @@ -2,25 +2,9 @@ 1st Session H. R. 2196 - To amend title 38, United States Code, to reduce the credit hour -requirement for the Edith Nourse Rogers STEM Scholarship program of the - Department of Veterans Affairs. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 10, 2019 - -Mr. Barr (for himself, Mr. Levin of California, and Mr. David P. Roe of - Tennessee) introduced the following bill; which was referred to the - Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -38,4 +22,22 @@ SECTION 1. REDUCTION IN CREDIT HOUR REQUIREMENT FOR EDITH NOURSE ROGERS amended by striking ``more than the standard 128 semester (or 192 quarter) credit hours'' and inserting ``at least the standard 120 semester (or 180 quarter) credit hours''. - \ No newline at end of file + + Passed the House of Representatives June 24, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2196 + +_______________________________________________________________________ + + AN ACT + + To amend title 38, United States Code, to reduce the credit hour +requirement for the Edith Nourse Rogers STEM Scholarship program of the + Department of Veterans Affairs. From 612279fb3c9374ca376dc2ac652b0d99aebd77c4 Mon Sep 17 00:00:00 2001 From: "Rep. Barr, Andy [R-KY-6]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 226/984] House-2196: Enrolled --- bills_text/House-2196.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-2196.txt b/bills_text/House-2196.txt index f7c8511..eb2cafa 100644 --- a/bills_text/House-2196.txt +++ b/bills_text/House-2196.txt @@ -1,43 +1,36 @@ -116th CONGRESS - 1st Session - H. R. 2196 + H.R.2196 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To amend title 38, United States Code, to reduce the credit hour + To amend title 38, United States Code, to reduce the credit hour requirement for the Edith Nourse Rogers STEM Scholarship program of the - Department of Veterans Affairs. + Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. REDUCTION IN CREDIT HOUR REQUIREMENT FOR EDITH NOURSE ROGERS - STEM SCHOLARSHIP. - +STEM SCHOLARSHIP. Section 3320(b)(4)(A)(i) of title 38, United States Code, is amended by striking ``more than the standard 128 semester (or 192 quarter) credit hours'' and inserting ``at least the standard 120 semester (or 180 quarter) credit hours''. - Passed the House of Representatives June 24, 2019. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2196 - -_______________________________________________________________________ - - AN ACT - - To amend title 38, United States Code, to reduce the credit hour -requirement for the Edith Nourse Rogers STEM Scholarship program of the - Department of Veterans Affairs. + Vice President of the United States and + President of the Senate. From 6d29a16ce0fb16289be649c5259b6248b5c40d29 Mon Sep 17 00:00:00 2001 From: "Rep. Guest, Michael [R-MS-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 227/984] House-2246: Introduced to House --- bills_text/House-2246.txt | 47 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 47 insertions(+) create mode 100644 bills_text/House-2246.txt diff --git a/bills_text/House-2246.txt b/bills_text/House-2246.txt new file mode 100644 index 0000000..9b92d17 --- /dev/null +++ b/bills_text/House-2246.txt @@ -0,0 +1,47 @@ +116th CONGRESS + 1st Session + H. R. 2246 + + To designate the facility of the United States Postal Service located +at 201 West Cherokee Street in Brookhaven, Mississippi, as the ``Deputy + Donald William Durr, Corporal Zach Moak, and Patrolman James White + Memorial Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 10, 2019 + + Mr. Guest introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 201 West Cherokee Street in Brookhaven, Mississippi, as the ``Deputy + Donald William Durr, Corporal Zach Moak, and Patrolman James White + Memorial Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DEPUTY DONALD WILLIAM DURR, CORPORAL ZACH MOAK, AND + PATROLMAN JAMES WHITE MEMORIAL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 201 West Cherokee Street in Brookhaven, Mississippi, shall +be known and designated as the ``Deputy Donald William Durr, Corporal +Zach Moak, and Patrolman James White Memorial Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Deputy +Donald William Durr, Corporal Zach Moak, and Patrolman James White +Memorial Post Office Building''. + \ No newline at end of file From a424fd4604244457134ed4374e83f503ddf529bf Mon Sep 17 00:00:00 2001 From: "Rep. Guest, Michael [R-MS-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 228/984] House-2246: Engrossed in House --- bills_text/House-2246.txt | 41 +++++++++++++++++++++------------------ 1 file changed, 22 insertions(+), 19 deletions(-) diff --git a/bills_text/House-2246.txt b/bills_text/House-2246.txt index 9b92d17..5aecb06 100644 --- a/bills_text/House-2246.txt +++ b/bills_text/House-2246.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 2246 - To designate the facility of the United States Postal Service located -at 201 West Cherokee Street in Brookhaven, Mississippi, as the ``Deputy - Donald William Durr, Corporal Zach Moak, and Patrolman James White - Memorial Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 10, 2019 - - Mr. Guest introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -44,4 +28,23 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Deputy Donald William Durr, Corporal Zach Moak, and Patrolman James White Memorial Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 2246 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 201 West Cherokee Street in Brookhaven, Mississippi, as the ``Deputy + Donald William Durr, Corporal Zach Moak, and Patrolman James White + Memorial Post Office Building''. From 657ae371f5fc8d0591af5d1ff9d1f0475cb35a9e Mon Sep 17 00:00:00 2001 From: "Rep. Guest, Michael [R-MS-3]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 229/984] House-2246: Enrolled --- bills_text/House-2246.txt | 50 ++++++++++++++++----------------------- 1 file changed, 21 insertions(+), 29 deletions(-) diff --git a/bills_text/House-2246.txt b/bills_text/House-2246.txt index 5aecb06..a7549a7 100644 --- a/bills_text/House-2246.txt +++ b/bills_text/House-2246.txt @@ -1,24 +1,31 @@ -116th CONGRESS - 2d Session - H. R. 2246 + H.R.2246 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 201 West Cherokee Street in Brookhaven, Mississippi, as the ``Deputy - Donald William Durr, Corporal Zach Moak, and Patrolman James White +To designate the facility of the United States Postal Service located at + 201 West Cherokee Street in Brookhaven, Mississippi, as the ``Deputy + Donald William Durr, Corporal Zach Moak, and Patrolman James White Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DEPUTY DONALD WILLIAM DURR, CORPORAL ZACH MOAK, AND - PATROLMAN JAMES WHITE MEMORIAL POST OFFICE BUILDING. - +PATROLMAN JAMES WHITE MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 201 West Cherokee Street in Brookhaven, Mississippi, shall be known and designated as the ``Deputy Donald William Durr, Corporal @@ -29,22 +36,7 @@ in subsection (a) shall be deemed to be a reference to the ``Deputy Donald William Durr, Corporal Zach Moak, and Patrolman James White Memorial Post Office Building''. - Passed the House of Representatives September 14, 2020. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 2246 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located -at 201 West Cherokee Street in Brookhaven, Mississippi, as the ``Deputy - Donald William Durr, Corporal Zach Moak, and Patrolman James White - Memorial Post Office Building''. + Vice President of the United States and + President of the Senate. From 4c874a19d83769e88c6d0e4110c74b8c69215b0f Mon Sep 17 00:00:00 2001 From: "Rep. Gonzalez-Colon, Jenniffer [R-PR-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 230/984] House-2325: Introduced to House --- bills_text/House-2325.txt | 42 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-2325.txt diff --git a/bills_text/House-2325.txt b/bills_text/House-2325.txt new file mode 100644 index 0000000..e9bb202 --- /dev/null +++ b/bills_text/House-2325.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 1st Session + H. R. 2325 + + To designate the facility of the United States Postal Service located + at 100 Calle Alondra in San Juan, Puerto Rico, as the ``65th Infantry + Regiment Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 15, 2019 + +Miss Gonzalez-Colon of Puerto Rico introduced the following bill; which + was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 100 Calle Alondra in San Juan, Puerto Rico, as the ``65th Infantry + Regiment Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. 65TH INFANTRY REGIMENT POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 100 Calle Alondra in San Juan, Puerto Rico, shall be known +and designated as the ``65th Infantry Regiment Post Office Building''. + (b) References.--Any reference in law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``65th +Infantry Regiment Post Office Building''. + \ No newline at end of file From 5e70a1d9e8fc2d94060e87234fea5fa9b7f96707 Mon Sep 17 00:00:00 2001 From: "Rep. Gonzalez-Colon, Jenniffer [R-PR-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 231/984] House-2325: Engrossed in House --- bills_text/House-2325.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-2325.txt b/bills_text/House-2325.txt index e9bb202..517580d 100644 --- a/bills_text/House-2325.txt +++ b/bills_text/House-2325.txt @@ -2,24 +2,9 @@ 1st Session H. R. 2325 - To designate the facility of the United States Postal Service located - at 100 Calle Alondra in San Juan, Puerto Rico, as the ``65th Infantry - Regiment Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 15, 2019 - -Miss Gonzalez-Colon of Puerto Rico introduced the following bill; which - was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -39,4 +24,22 @@ and designated as the ``65th Infantry Regiment Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``65th Infantry Regiment Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives July 17, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2325 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 100 Calle Alondra in San Juan, Puerto Rico, as the ``65th Infantry + Regiment Post Office Building''. From f4d1010ae37b6d9e3aed5972daf56d157f059cf9 Mon Sep 17 00:00:00 2001 From: "Rep. Gonzalez-Colon, Jenniffer [R-PR-At Large]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 232/984] House-2325: Enrolled --- bills_text/House-2325.txt | 45 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-2325.txt b/bills_text/House-2325.txt index 517580d..cc25880 100644 --- a/bills_text/House-2325.txt +++ b/bills_text/House-2325.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 2325 + H.R.2325 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 100 Calle Alondra in San Juan, Puerto Rico, as the ``65th Infantry +To designate the facility of the United States Postal Service located at + 100 Calle Alondra in San Juan, Puerto Rico, as the ``65th Infantry Regiment Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. 65TH INFANTRY REGIMENT POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 100 Calle Alondra in San Juan, Puerto Rico, shall be known and designated as the ``65th Infantry Regiment Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``65th Infantry Regiment Post Office Building''. - Passed the House of Representatives July 17, 2019. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2325 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located - at 100 Calle Alondra in San Juan, Puerto Rico, as the ``65th Infantry - Regiment Post Office Building''. + Vice President of the United States and + President of the Senate. From cd472d0b5ed18aa694e80506542f8f59e7ff904b Mon Sep 17 00:00:00 2001 From: "Rep. Brindisi, Anthony [D-NY-22]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 233/984] House-2333: Introduced to House --- bills_text/House-2333.txt | 60 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 60 insertions(+) create mode 100644 bills_text/House-2333.txt diff --git a/bills_text/House-2333.txt b/bills_text/House-2333.txt new file mode 100644 index 0000000..96aeddc --- /dev/null +++ b/bills_text/House-2333.txt @@ -0,0 +1,60 @@ +116th CONGRESS + 1st Session + H. R. 2333 + + To direct the Comptroller General of the United States to conduct an + assessment of the responsibilities, workload, and vacancy rates of +Department of Veterans Affairs suicide prevention coordinators, and for + other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 18, 2019 + + Mr. Brindisi (for himself, Mr. Banks, and Mr. Bost) introduced the + following bill; which was referred to the Committee on Veterans' + Affairs + +_______________________________________________________________________ + + A BILL + + + + To direct the Comptroller General of the United States to conduct an + assessment of the responsibilities, workload, and vacancy rates of +Department of Veterans Affairs suicide prevention coordinators, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Support for Suicide Prevention +Coordinators Act''. + +SEC. 2. COMPTROLLER GENERAL ASSESSMENT OF RESPONSIBILITIES, WORKLOAD, + AND VACANCY RATES OF DEPARTMENT OF VETERANS AFFAIRS + SUICIDE PREVENTION COORDINATORS. + + (a) Assessment Required.--The Comptroller General of the United +States shall conduct an assessment of the responsibilities, workload, +training, and vacancy rates of Department of Veterans Affairs suicide +prevention coordinators. Such assessment shall include a determination +of-- + (1) the extent to which the use and staffing of suicide + prevention coordinators varies between Department facilities; + and + (2) the extent to which the Secretary provides oversight of + suicide prevention coordinators. + (b) Report to Congress.--Not later than one year after the date of +the enactment of this Act, the Comptroller General shall submit to the +Committees on Veterans' Affairs of the Senate and House of +Representatives a report containing the findings of the assessment +required by subsection (a). + \ No newline at end of file From 365c523fa8a1bf6d6653a2960fe0d5fbca1684d6 Mon Sep 17 00:00:00 2001 From: "Rep. Brindisi, Anthony [D-NY-22]" <> Date: Sun, 27 Dec 2020 18:28:37 -0500 Subject: [PATCH 234/984] House-2333: Engrossed in House --- bills_text/House-2333.txt | 42 ++++++++++++++++++++------------------- 1 file changed, 22 insertions(+), 20 deletions(-) diff --git a/bills_text/House-2333.txt b/bills_text/House-2333.txt index 96aeddc..b105054 100644 --- a/bills_text/House-2333.txt +++ b/bills_text/House-2333.txt @@ -2,26 +2,9 @@ 1st Session H. R. 2333 - To direct the Comptroller General of the United States to conduct an - assessment of the responsibilities, workload, and vacancy rates of -Department of Veterans Affairs suicide prevention coordinators, and for - other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - April 18, 2019 - - Mr. Brindisi (for himself, Mr. Banks, and Mr. Bost) introduced the - following bill; which was referred to the Committee on Veterans' - Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -52,9 +35,28 @@ of-- and (2) the extent to which the Secretary provides oversight of suicide prevention coordinators. - (b) Report to Congress.--Not later than one year after the date of + (b) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing the findings of the assessment required by subsection (a). - \ No newline at end of file + + Passed the House of Representatives May 21, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2333 + +_______________________________________________________________________ + + AN ACT + + To direct the Comptroller General of the United States to conduct an + assessment of the responsibilities, workload, and vacancy rates of +Department of Veterans Affairs suicide prevention coordinators, and for + other purposes. From da67c9eb13ebf98c89a91a2f725e72682375c70e Mon Sep 17 00:00:00 2001 From: "Rep. Brindisi, Anthony [D-NY-22]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 235/984] House-2333: Received in Senate --- bills_text/House-2333.txt | 26 ++++++++++++-------------- 1 file changed, 12 insertions(+), 14 deletions(-) diff --git a/bills_text/House-2333.txt b/bills_text/House-2333.txt index b105054..eae4d10 100644 --- a/bills_text/House-2333.txt +++ b/bills_text/House-2333.txt @@ -2,6 +2,16 @@ 1st Session H. R. 2333 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 22, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -45,18 +55,6 @@ required by subsection (a). Attest: - Clerk. -116th CONGRESS - - 1st Session + CHERYL L. JOHNSON, - H. R. 2333 - -_______________________________________________________________________ - - AN ACT - - To direct the Comptroller General of the United States to conduct an - assessment of the responsibilities, workload, and vacancy rates of -Department of Veterans Affairs suicide prevention coordinators, and for - other purposes. + Clerk. From 1bd02a608679afc92bc4a329627fc2f1cded538d Mon Sep 17 00:00:00 2001 From: "Rep. Brindisi, Anthony [D-NY-22]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 236/984] House-2333: Enrolled --- bills_text/House-2333.txt | 49 ++++++++++++++++----------------------- 1 file changed, 20 insertions(+), 29 deletions(-) diff --git a/bills_text/House-2333.txt b/bills_text/House-2333.txt index eae4d10..392e9d0 100644 --- a/bills_text/House-2333.txt +++ b/bills_text/House-2333.txt @@ -1,60 +1,51 @@ -116th CONGRESS - 1st Session - H. R. 2333 + H.R.2333 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - May 22, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act - To direct the Comptroller General of the United States to conduct an - assessment of the responsibilities, workload, and vacancy rates of + To direct the Comptroller General of the United States to conduct an + assessment of the responsibilities, workload, and vacancy rates of Department of Veterans Affairs suicide prevention coordinators, and for - other purposes. + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Support for Suicide Prevention Coordinators Act''. - SEC. 2. COMPTROLLER GENERAL ASSESSMENT OF RESPONSIBILITIES, WORKLOAD, - AND VACANCY RATES OF DEPARTMENT OF VETERANS AFFAIRS - SUICIDE PREVENTION COORDINATORS. - +AND VACANCY RATES OF DEPARTMENT OF VETERANS AFFAIRS SUICIDE PREVENTION +COORDINATORS. (a) Assessment Required.--The Comptroller General of the United States shall conduct an assessment of the responsibilities, workload, training, and vacancy rates of Department of Veterans Affairs suicide prevention coordinators. Such assessment shall include a determination of-- - (1) the extent to which the use and staffing of suicide - prevention coordinators varies between Department facilities; - and - (2) the extent to which the Secretary provides oversight of - suicide prevention coordinators. + (1) the extent to which the use and staffing of suicide + prevention coordinators varies between Department facilities; and + (2) the extent to which the Secretary provides oversight of + suicide prevention coordinators. (b) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing the findings of the assessment required by subsection (a). - Passed the House of Representatives May 21, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 07be851c4c4d45fca8c6ba0e3c8f51b4de382235 Mon Sep 17 00:00:00 2001 From: "Rep. Conaway, K. Michael [R-TX-11]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 237/984] House-2334: Introduced to House --- bills_text/House-2334.txt | 52 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 52 insertions(+) create mode 100644 bills_text/House-2334.txt diff --git a/bills_text/House-2334.txt b/bills_text/House-2334.txt new file mode 100644 index 0000000..14c352c --- /dev/null +++ b/bills_text/House-2334.txt @@ -0,0 +1,52 @@ +116th CONGRESS + 1st Session + H. R. 2334 + + To designate the Department of Veterans Affairs community-based +outpatient clinic in Odessa, Texas, as the ``Wilson and Young Medal of + Honor VA Clinic''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 18, 2019 + +Mr. Conaway (for himself, Mr. Crenshaw, Mr. Gohmert, Mr. Hurd of Texas, + Mr. Babin, Mr. Weber of Texas, Mr. Brady, Mr. Olson, Mr. Carter of + Texas, Mr. Cloud, Mr. McCaul, Mr. Ratcliffe, Mr. Thornberry, Mr. +Arrington, Mr. Williams, Mr. Wright, Mr. Taylor, Mr. Vela, Mr. Veasey, + Mr. Gonzalez of Texas, Mr. Cuellar, and Mr. Roy) introduced the + following bill; which was referred to the Committee on Veterans' + Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the Department of Veterans Affairs community-based +outpatient clinic in Odessa, Texas, as the ``Wilson and Young Medal of + Honor VA Clinic''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DESIGNATION OF WILSON AND YOUNG MEDAL OF HONOR VA CLINIC. + + (a) Finding.--Congress finds that Private First Class Alfred +``Mac'' Wilson of the Marine Corps and Staff Sergeant Marvin ``Rex'' +Young of the Army were both posthumously awarded the Medal of Honor for +their heroic actions in the Vietnam War. + (b) Designation.--The Department of Veterans Affairs community- +based outpatient clinic in Odessa, Texas, shall after the date of the +enactment of this Act be known and designated as the ``Wilson and Young +Medal of Honor VA Clinic''. + (c) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (b) shall be deemed to be a reference to the ``Wilson and +Young Medal of Honor VA Clinic''. + \ No newline at end of file From 09f12ca8c11586cfdbe7e601ab3af06eb9379982 Mon Sep 17 00:00:00 2001 From: "Rep. Conaway, K. Michael [R-TX-11]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 238/984] House-2334: Engrossed in House --- bills_text/House-2334.txt | 42 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 22 deletions(-) diff --git a/bills_text/House-2334.txt b/bills_text/House-2334.txt index 14c352c..b1834b0 100644 --- a/bills_text/House-2334.txt +++ b/bills_text/House-2334.txt @@ -2,29 +2,9 @@ 1st Session H. R. 2334 - To designate the Department of Veterans Affairs community-based -outpatient clinic in Odessa, Texas, as the ``Wilson and Young Medal of - Honor VA Clinic''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 18, 2019 - -Mr. Conaway (for himself, Mr. Crenshaw, Mr. Gohmert, Mr. Hurd of Texas, - Mr. Babin, Mr. Weber of Texas, Mr. Brady, Mr. Olson, Mr. Carter of - Texas, Mr. Cloud, Mr. McCaul, Mr. Ratcliffe, Mr. Thornberry, Mr. -Arrington, Mr. Williams, Mr. Wright, Mr. Taylor, Mr. Vela, Mr. Veasey, - Mr. Gonzalez of Texas, Mr. Cuellar, and Mr. Roy) introduced the - following bill; which was referred to the Committee on Veterans' - Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -49,4 +29,22 @@ Medal of Honor VA Clinic''. paper, or other record of the United States to the facility referred to in subsection (b) shall be deemed to be a reference to the ``Wilson and Young Medal of Honor VA Clinic''. - \ No newline at end of file + + Passed the House of Representatives October 15, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2334 + +_______________________________________________________________________ + + AN ACT + + To designate the Department of Veterans Affairs community-based +outpatient clinic in Odessa, Texas, as the ``Wilson and Young Medal of + Honor VA Clinic''. From 08802a407fe38086a0a5f95206b652af93a4961d Mon Sep 17 00:00:00 2001 From: "Rep. Conaway, K. Michael [R-TX-11]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 239/984] House-2334: Enrolled --- bills_text/House-2334.txt | 43 ++++++++++++++++----------------------- 1 file changed, 18 insertions(+), 25 deletions(-) diff --git a/bills_text/House-2334.txt b/bills_text/House-2334.txt index b1834b0..5321915 100644 --- a/bills_text/House-2334.txt +++ b/bills_text/House-2334.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 2334 + H.R.2334 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To designate the Department of Veterans Affairs community-based -outpatient clinic in Odessa, Texas, as the ``Wilson and Young Medal of + outpatient clinic in Odessa, Texas, as the ``Wilson and Young Medal of Honor VA Clinic''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DESIGNATION OF WILSON AND YOUNG MEDAL OF HONOR VA CLINIC. - (a) Finding.--Congress finds that Private First Class Alfred ``Mac'' Wilson of the Marine Corps and Staff Sergeant Marvin ``Rex'' Young of the Army were both posthumously awarded the Medal of Honor for @@ -30,21 +37,7 @@ paper, or other record of the United States to the facility referred to in subsection (b) shall be deemed to be a reference to the ``Wilson and Young Medal of Honor VA Clinic''. - Passed the House of Representatives October 15, 2019. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2334 - -_______________________________________________________________________ - - AN ACT - - To designate the Department of Veterans Affairs community-based -outpatient clinic in Odessa, Texas, as the ``Wilson and Young Medal of - Honor VA Clinic''. + Vice President of the United States and + President of the Senate. From d2823a64042a80f3c6d69666d026fda6458e9a33 Mon Sep 17 00:00:00 2001 From: "Rep. Delgado, Antonio [D-NY-19]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 240/984] House-2336: Introduced to House --- bills_text/House-2336.txt | 42 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-2336.txt diff --git a/bills_text/House-2336.txt b/bills_text/House-2336.txt new file mode 100644 index 0000000..ccb537c --- /dev/null +++ b/bills_text/House-2336.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 1st Session + H. R. 2336 + + To amend title 11, United States Code, with respect to the definition + of ``family farmer''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 18, 2019 + +Mr. Delgado (for himself, Mr. Cox of California, Mr. Sensenbrenner, Mr. + Peterson, Mr. Armstrong, and Mr. Johnson of South Dakota) introduced + the following bill; which was referred to the Committee on the + Judiciary + +_______________________________________________________________________ + + A BILL + + + + To amend title 11, United States Code, with respect to the definition + of ``family farmer''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Family Farmer Relief Act of 2019''. + +SEC. 2. DEFINITION OF FAMILY FARMER. + + Section 101(18) of title 11, United States Code, is amended by +striking ``$3,237,000'' each place that term appears and inserting +``$10,000,000''. + \ No newline at end of file From 0600d4ab0e4e2a8305f32ee5bac367974618ef0c Mon Sep 17 00:00:00 2001 From: "Rep. Delgado, Antonio [D-NY-19]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 241/984] House-2336: Engrossed in House --- bills_text/House-2336.txt | 46 ++++++++++++++++++++++++--------------- 1 file changed, 28 insertions(+), 18 deletions(-) diff --git a/bills_text/House-2336.txt b/bills_text/House-2336.txt index ccb537c..5afe114 100644 --- a/bills_text/House-2336.txt +++ b/bills_text/House-2336.txt @@ -2,25 +2,9 @@ 1st Session H. R. 2336 - To amend title 11, United States Code, with respect to the definition - of ``family farmer''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 18, 2019 - -Mr. Delgado (for himself, Mr. Cox of California, Mr. Sensenbrenner, Mr. - Peterson, Mr. Armstrong, and Mr. Johnson of South Dakota) introduced - the following bill; which was referred to the Committee on the - Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -39,4 +23,30 @@ SEC. 2. DEFINITION OF FAMILY FARMER. Section 101(18) of title 11, United States Code, is amended by striking ``$3,237,000'' each place that term appears and inserting ``$10,000,000''. - \ No newline at end of file + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives July 25, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2336 + +_______________________________________________________________________ + + AN ACT + + To amend title 11, United States Code, with respect to the definition + of ``family farmer''. From bf8f14d0360dd1a333172db97ab2d2212497dad7 Mon Sep 17 00:00:00 2001 From: "Rep. Delgado, Antonio [D-NY-19]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 242/984] House-2336: Received in Senate --- bills_text/House-2336.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-2336.txt b/bills_text/House-2336.txt index 5afe114..fe9b81e 100644 --- a/bills_text/House-2336.txt +++ b/bills_text/House-2336.txt @@ -2,6 +2,16 @@ 1st Session H. R. 2336 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 29, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -37,16 +47,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 1st Session - - H. R. 2336 - -_______________________________________________________________________ - - AN ACT - - To amend title 11, United States Code, with respect to the definition - of ``family farmer''. + Clerk. From 83c25ae7078aaaf10c21234c6d682f00afc98a6a Mon Sep 17 00:00:00 2001 From: "Rep. Delgado, Antonio [D-NY-19]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 243/984] House-2336: Enrolled --- bills_text/House-2336.txt | 36 +++++++++++++----------------------- 1 file changed, 13 insertions(+), 23 deletions(-) diff --git a/bills_text/House-2336.txt b/bills_text/House-2336.txt index fe9b81e..c2f572c 100644 --- a/bills_text/House-2336.txt +++ b/bills_text/House-2336.txt @@ -1,41 +1,34 @@ -116th CONGRESS - 1st Session - H. R. 2336 + H.R.2336 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 29, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act - To amend title 11, United States Code, with respect to the definition - of ``family farmer''. +To amend title 11, United States Code, with respect to the definition of + ``family farmer''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Family Farmer Relief Act of 2019''. - SEC. 2. DEFINITION OF FAMILY FARMER. - Section 101(18) of title 11, United States Code, is amended by striking ``$3,237,000'' each place that term appears and inserting ``$10,000,000''. - SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -43,10 +36,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives July 25, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 09b6b6ae6e7c84691097d41d1fcee09ac1148a0a Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 244/984] House-2359: Introduced to House --- bills_text/House-2359.txt | 62 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 62 insertions(+) create mode 100644 bills_text/House-2359.txt diff --git a/bills_text/House-2359.txt b/bills_text/House-2359.txt new file mode 100644 index 0000000..300fe56 --- /dev/null +++ b/bills_text/House-2359.txt @@ -0,0 +1,62 @@ +116th CONGRESS + 1st Session + H. R. 2359 + + To direct the Secretary of Veterans Affairs to submit to Congress a +report on the Department of Veterans Affairs advancing of whole health + transformation. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 25, 2019 + + Mr. Lamb (for himself and Mr. Ryan) introduced the following bill; + which was referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To direct the Secretary of Veterans Affairs to submit to Congress a +report on the Department of Veterans Affairs advancing of whole health + transformation. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Whole Veteran Act''. + +SEC. 2. REPORT ON DEPARTMENT OF VETERANS AFFAIRS ADVANCING OF WHOLE + HEALTH TRANSFORMATION. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Veterans Affairs shall submit to Congress a +report on the implementation of the Department of Veterans Affairs +memorandum dated February 1, 2019, on the subject of Advancing Whole +Health Transformation Across Veterans Health Administration. Such +report shall include an analysis of the accessibility and availability +of each of the following services with respect to the implementation of +such memorandum: + (1) Massage. + (2) Chiropractic services. + (3) Whole health clinician services. + (4) Whole health coaching. + (5) Acupuncture. + (6) Healing touch. + (7) Whole health group services. + (8) Guided imagery. + (9) Meditation. + (10) Hypnosis. + (11) Yoga. + (12) Tai chi or Qi gong. + (13) Any other service the Secretary determines + appropriate. + \ No newline at end of file From 96e7fb8583235014f3f86f0eff2e010b9f7e1cfd Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 245/984] House-2359: Engrossed in House --- bills_text/House-2359.txt | 94 +++++++++++++++++++++++---------------- 1 file changed, 55 insertions(+), 39 deletions(-) diff --git a/bills_text/House-2359.txt b/bills_text/House-2359.txt index 300fe56..ac7fda1 100644 --- a/bills_text/House-2359.txt +++ b/bills_text/House-2359.txt @@ -2,24 +2,9 @@ 1st Session H. R. 2359 - To direct the Secretary of Veterans Affairs to submit to Congress a -report on the Department of Veterans Affairs advancing of whole health - transformation. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - April 25, 2019 - - Mr. Lamb (for himself and Mr. Ryan) introduced the following bill; - which was referred to the Committee on Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -37,26 +22,57 @@ SECTION 1. SHORT TITLE. SEC. 2. REPORT ON DEPARTMENT OF VETERANS AFFAIRS ADVANCING OF WHOLE HEALTH TRANSFORMATION. - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Veterans Affairs shall submit to Congress a -report on the implementation of the Department of Veterans Affairs -memorandum dated February 1, 2019, on the subject of Advancing Whole -Health Transformation Across Veterans Health Administration. Such -report shall include an analysis of the accessibility and availability -of each of the following services with respect to the implementation of -such memorandum: - (1) Massage. - (2) Chiropractic services. - (3) Whole health clinician services. - (4) Whole health coaching. - (5) Acupuncture. - (6) Healing touch. - (7) Whole health group services. - (8) Guided imagery. - (9) Meditation. - (10) Hypnosis. - (11) Yoga. - (12) Tai chi or Qi gong. - (13) Any other service the Secretary determines - appropriate. - \ No newline at end of file + (a) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall submit +to Congress a report on the implementation of the Department of +Veterans Affairs memorandum dated February 12, 2019, on the subject of +Advancing Whole Health Transformation Across Veterans Health +Administration. + (b) Matters Included.--The report under subsection (a) shall +include the following: + (1) An analysis of the accessibility and availability of + each of the following services at medical facilities of the + Department of Veterans Affairs (including community based + outpatient clinics, vet centers, and community living centers): + (A) Massage. + (B) Chiropractic services. + (C) Whole health clinician services. + (D) Whole health coaching. + (E) Acupuncture. + (F) Healing touch. + (G) Whole health group services. + (H) Guided imagery. + (I) Meditation. + (J) Hypnosis. + (K) Yoga. + (L) Tai chi or Qi gong. + (M) Equine assisted therapy. + (N) Any other service the Secretary determines + appropriate. + (2) An assessment of the health outcomes derived from the + services specified in paragraph (1). + (3) An assessment of the resources required to expand such + services to the entire Veterans Health Administration. + (4) A plan to provide the services referred to in paragraph + (1) to veterans who reside in a geographic area where no + community-based outpatient clinic, medical center, Vet Center, + or community living center is located. + + Passed the House of Representatives May 21, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2359 + +_______________________________________________________________________ + + AN ACT + + To direct the Secretary of Veterans Affairs to submit to Congress a +report on the Department of Veterans Affairs advancing of whole health + transformation. From f4901716bbb5cc863a7a92ea9c2b2a98918c2fad Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 246/984] House-2359: Received in Senate --- bills_text/House-2359.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-2359.txt b/bills_text/House-2359.txt index ac7fda1..eafc8e6 100644 --- a/bills_text/House-2359.txt +++ b/bills_text/House-2359.txt @@ -2,6 +2,16 @@ 1st Session H. R. 2359 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 22, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -62,17 +72,6 @@ include the following: Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2359 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To direct the Secretary of Veterans Affairs to submit to Congress a -report on the Department of Veterans Affairs advancing of whole health - transformation. + Clerk. From b63a9c9ae864fba64e19daeb430da08e5a2a8298 Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 247/984] House-2359: Enrolled --- bills_text/House-2359.txt | 93 ++++++++++++++++++--------------------- 1 file changed, 42 insertions(+), 51 deletions(-) diff --git a/bills_text/House-2359.txt b/bills_text/House-2359.txt index eafc8e6..371167f 100644 --- a/bills_text/House-2359.txt +++ b/bills_text/House-2359.txt @@ -1,37 +1,32 @@ -116th CONGRESS - 1st Session - H. R. 2359 + H.R.2359 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - May 22, 2019 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act To direct the Secretary of Veterans Affairs to submit to Congress a -report on the Department of Veterans Affairs advancing of whole health - transformation. + report on the Department of Veterans Affairs advancing of whole health + transformation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Whole Veteran Act''. - SEC. 2. REPORT ON DEPARTMENT OF VETERANS AFFAIRS ADVANCING OF WHOLE - HEALTH TRANSFORMATION. - +HEALTH TRANSFORMATION. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of the Department of @@ -40,38 +35,34 @@ Advancing Whole Health Transformation Across Veterans Health Administration. (b) Matters Included.--The report under subsection (a) shall include the following: - (1) An analysis of the accessibility and availability of - each of the following services at medical facilities of the - Department of Veterans Affairs (including community based - outpatient clinics, vet centers, and community living centers): - (A) Massage. - (B) Chiropractic services. - (C) Whole health clinician services. - (D) Whole health coaching. - (E) Acupuncture. - (F) Healing touch. - (G) Whole health group services. - (H) Guided imagery. - (I) Meditation. - (J) Hypnosis. - (K) Yoga. - (L) Tai chi or Qi gong. - (M) Equine assisted therapy. - (N) Any other service the Secretary determines - appropriate. - (2) An assessment of the health outcomes derived from the - services specified in paragraph (1). - (3) An assessment of the resources required to expand such - services to the entire Veterans Health Administration. - (4) A plan to provide the services referred to in paragraph - (1) to veterans who reside in a geographic area where no - community-based outpatient clinic, medical center, Vet Center, - or community living center is located. - - Passed the House of Representatives May 21, 2019. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. + (1) An analysis of the accessibility and availability of each + of the following services at medical facilities of the Department + of Veterans Affairs (including community based outpatient clinics, + vet centers, and community living centers): + (A) Massage. + (B) Chiropractic services. + (C) Whole health clinician services. + (D) Whole health coaching. + (E) Acupuncture. + (F) Healing touch. + (G) Whole health group services. + (H) Guided imagery. + (I) Meditation. + (J) Hypnosis. + (K) Yoga. + (L) Tai chi or Qi gong. + (M) Equine assisted therapy. + (N) Any other service the Secretary determines appropriate. + (2) An assessment of the health outcomes derived from the + services specified in paragraph (1). + (3) An assessment of the resources required to expand such + services to the entire Veterans Health Administration. + (4) A plan to provide the services referred to in paragraph (1) + to veterans who reside in a geographic area where no community- + based outpatient clinic, medical center, Vet Center, or community + living center is located. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 43666350fd121ce6498352d0b1198eb7894556de Mon Sep 17 00:00:00 2001 From: "Rep. Underwood, Lauren [D-IL-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 248/984] House-2372: Introduced to House --- bills_text/House-2372.txt | 92 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 92 insertions(+) create mode 100644 bills_text/House-2372.txt diff --git a/bills_text/House-2372.txt b/bills_text/House-2372.txt new file mode 100644 index 0000000..86c88e3 --- /dev/null +++ b/bills_text/House-2372.txt @@ -0,0 +1,92 @@ +116th CONGRESS + 1st Session + H. R. 2372 + + To direct the Comptroller General of the United States to conduct an +assessment of all memoranda of understanding and memoranda of agreement + between Under Secretary of Health and non-Department of Veterans + Affairs entities relating to suicide prevention and mental health + services. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 25, 2019 + +Ms. Underwood introduced the following bill; which was referred to the + Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To direct the Comptroller General of the United States to conduct an +assessment of all memoranda of understanding and memoranda of agreement + between Under Secretary of Health and non-Department of Veterans + Affairs entities relating to suicide prevention and mental health + services. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Veterans' Care Quality Transparency +Act''. + +SEC. 2. COMPTROLLER GENERAL ASSESSMENT OF MEMORANDA OF UNDERSTANDING + AND MEMORANDA OF AGREEMENT BETWEEN UNDER SECRETARY OF + HEALTH AND NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES + RELATING TO SUICIDE PREVENTION AND MENTAL HEALTH + SERVICES. + + (a) Assessment.--Not later than 180 days after the date of the +enactment of this Act, the Comptroller General of the United States +shall conduct an assessment of the effectiveness of all memoranda of +understanding and memoranda of agreement entered into by the Under +Secretary of Veterans Affairs for Health and a non-Department of +Veterans Affairs entity relating to-- + (1) suicide prevention activities and outreach; and + (2) the provision or coordination of mental health services + during the five-year period preceding the date of the enactment + of this Act. + (b) Contents of Assessment.--The assessment required by subsection +(a) shall include an assessment of-- + (1) the regional variances of the non-Department entities + with which the Under Secretary has entered into a memorandum of + understanding or memorandum of agreement referred to in + subsection (a); + (2) the size of the catchment area of each such entity; + (3) the staffing structures of such entities; + (4) any accreditation or licensure any such entity has + obtained in relation to the services the entity provides; + (5) any variances in the subpopulations of veterans served + by such entities; + (6) any limitations any such entity may face in carrying + out its obligations under the memorandum of understanding or + memorandum of agreement; + (7) the extent to which the Under Secretary provides + oversight and tracks outcomes of such entities; + (8) any variations in the structure or requirements of the + memoranda of understanding and memoranda of agreement; + (9) a breakdown of the percentage of such entities that + serve-- + (A) women veterans; + (B) minority veterans; + (C) veterans who are over the age of 55; + (D) veterans between the ages of 18 and 34; and + (E) veterans' families; and + (10) any measures taken to ensure the secure exchange of + data and information between such entities and the Department + of Veterans Affairs. + (c) Report to Congress.--Not later than 60 days after the +completion of the assessment under subsection (a), the Comptroller +General shall submit to the Committees on Veterans' Affairs of the +Senate and House of Representatives a report on the results of the +assessment. + \ No newline at end of file From 84e7bd5488c442ac13a342c4e71667843da1eb76 Mon Sep 17 00:00:00 2001 From: "Rep. Underwood, Lauren [D-IL-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 249/984] House-2372: Engrossed in House --- bills_text/House-2372.txt | 77 ++++++++++++++++++++------------------- 1 file changed, 39 insertions(+), 38 deletions(-) diff --git a/bills_text/House-2372.txt b/bills_text/House-2372.txt index 86c88e3..dc60c7b 100644 --- a/bills_text/House-2372.txt +++ b/bills_text/House-2372.txt @@ -2,26 +2,9 @@ 1st Session H. R. 2372 - To direct the Comptroller General of the United States to conduct an -assessment of all memoranda of understanding and memoranda of agreement - between Under Secretary of Health and non-Department of Veterans - Affairs entities relating to suicide prevention and mental health - services. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 25, 2019 - -Ms. Underwood introduced the following bill; which was referred to the - Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -45,7 +28,7 @@ SEC. 2. COMPTROLLER GENERAL ASSESSMENT OF MEMORANDA OF UNDERSTANDING RELATING TO SUICIDE PREVENTION AND MENTAL HEALTH SERVICES. - (a) Assessment.--Not later than 180 days after the date of the + (a) Assessment.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of the effectiveness of all memoranda of understanding and memoranda of agreement entered into by the Under @@ -53,40 +36,58 @@ Secretary of Veterans Affairs for Health and a non-Department of Veterans Affairs entity relating to-- (1) suicide prevention activities and outreach; and (2) the provision or coordination of mental health services - during the five-year period preceding the date of the enactment - of this Act. + during the 5-year period preceding the date of the enactment of + this Act. (b) Contents of Assessment.--The assessment required by subsection (a) shall include an assessment of-- - (1) the regional variances of the non-Department entities - with which the Under Secretary has entered into a memorandum of - understanding or memorandum of agreement referred to in - subsection (a); - (2) the size of the catchment area of each such entity; - (3) the staffing structures of such entities; - (4) any accreditation or licensure any such entity has + (1) the size of the catchment area of each such entity; + (2) the staffing structures of such entities; + (3) any accreditation or licensure any such entity has obtained in relation to the services the entity provides; - (5) any variances in the subpopulations of veterans served + (4) any variances in the subpopulations of veterans served by such entities; - (6) any limitations any such entity may face in carrying + (5) any limitations any such entity may face in carrying out its obligations under the memorandum of understanding or memorandum of agreement; - (7) the extent to which the Under Secretary provides + (6) the extent to which the Under Secretary provides oversight and tracks outcomes of such entities; - (8) any variations in the structure or requirements of the + (7) any variations in the structure or requirements of the memoranda of understanding and memoranda of agreement; - (9) a breakdown of the percentage of such entities that + (8) a breakdown of the percentage of such entities that serve-- (A) women veterans; (B) minority veterans; (C) veterans who are over the age of 55; - (D) veterans between the ages of 18 and 34; and - (E) veterans' families; and - (10) any measures taken to ensure the secure exchange of + (D) veterans between the ages of 18 and 34; + (E) veterans who reside in United States insular + areas; and + (F) veterans' families; and + (9) any measures taken to ensure the secure exchange of data and information between such entities and the Department of Veterans Affairs. - (c) Report to Congress.--Not later than 60 days after the + (c) Report to Congress.--Not later than 270 days after the completion of the assessment under subsection (a), the Comptroller General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the results of the assessment. - \ No newline at end of file + + Passed the House of Representatives May 21, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2372 + +_______________________________________________________________________ + + AN ACT + + To direct the Comptroller General of the United States to conduct an +assessment of all memoranda of understanding and memoranda of agreement + between Under Secretary of Health and non-Department of Veterans + Affairs entities relating to suicide prevention and mental health + services. From f365d9195936692d26c2eb1a16e21f756054a012 Mon Sep 17 00:00:00 2001 From: "Rep. Underwood, Lauren [D-IL-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 250/984] House-2372: Received in Senate --- bills_text/House-2372.txt | 27 ++++++++++++--------------- 1 file changed, 12 insertions(+), 15 deletions(-) diff --git a/bills_text/House-2372.txt b/bills_text/House-2372.txt index dc60c7b..724c5bb 100644 --- a/bills_text/House-2372.txt +++ b/bills_text/House-2372.txt @@ -2,6 +2,16 @@ 1st Session H. R. 2372 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 22, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -75,19 +85,6 @@ assessment. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2372 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To direct the Comptroller General of the United States to conduct an -assessment of all memoranda of understanding and memoranda of agreement - between Under Secretary of Health and non-Department of Veterans - Affairs entities relating to suicide prevention and mental health - services. + Clerk. From f98b5dfdc8c370f3d5a00195f770d109d6325009 Mon Sep 17 00:00:00 2001 From: "Rep. Underwood, Lauren [D-IL-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 251/984] House-2372: Enrolled --- bills_text/House-2372.txt | 100 +++++++++++++++++--------------------- 1 file changed, 44 insertions(+), 56 deletions(-) diff --git a/bills_text/House-2372.txt b/bills_text/House-2372.txt index 724c5bb..df6a081 100644 --- a/bills_text/House-2372.txt +++ b/bills_text/House-2372.txt @@ -1,90 +1,78 @@ -116th CONGRESS - 1st Session - H. R. 2372 + H.R.2372 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - May 22, 2019 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To direct the Comptroller General of the United States to conduct an + To direct the Comptroller General of the United States to conduct an assessment of all memoranda of understanding and memoranda of agreement - between Under Secretary of Health and non-Department of Veterans - Affairs entities relating to suicide prevention and mental health - services. +between Under Secretary of Health and non-Department of Veterans Affairs + entities relating to suicide prevention and mental health services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Veterans' Care Quality Transparency Act''. - SEC. 2. COMPTROLLER GENERAL ASSESSMENT OF MEMORANDA OF UNDERSTANDING - AND MEMORANDA OF AGREEMENT BETWEEN UNDER SECRETARY OF - HEALTH AND NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES - RELATING TO SUICIDE PREVENTION AND MENTAL HEALTH - SERVICES. - +AND MEMORANDA OF AGREEMENT BETWEEN UNDER SECRETARY OF HEALTH AND NON- +DEPARTMENT OF VETERANS AFFAIRS ENTITIES RELATING TO SUICIDE PREVENTION +AND MENTAL HEALTH SERVICES. (a) Assessment.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of the effectiveness of all memoranda of understanding and memoranda of agreement entered into by the Under Secretary of Veterans Affairs for Health and a non-Department of Veterans Affairs entity relating to-- - (1) suicide prevention activities and outreach; and - (2) the provision or coordination of mental health services - during the 5-year period preceding the date of the enactment of - this Act. + (1) suicide prevention activities and outreach; and + (2) the provision or coordination of mental health services + during the 5-year period preceding the date of the enactment of + this Act. (b) Contents of Assessment.--The assessment required by subsection (a) shall include an assessment of-- - (1) the size of the catchment area of each such entity; - (2) the staffing structures of such entities; - (3) any accreditation or licensure any such entity has - obtained in relation to the services the entity provides; - (4) any variances in the subpopulations of veterans served - by such entities; - (5) any limitations any such entity may face in carrying - out its obligations under the memorandum of understanding or - memorandum of agreement; - (6) the extent to which the Under Secretary provides - oversight and tracks outcomes of such entities; - (7) any variations in the structure or requirements of the - memoranda of understanding and memoranda of agreement; - (8) a breakdown of the percentage of such entities that - serve-- - (A) women veterans; - (B) minority veterans; - (C) veterans who are over the age of 55; - (D) veterans between the ages of 18 and 34; - (E) veterans who reside in United States insular - areas; and - (F) veterans' families; and - (9) any measures taken to ensure the secure exchange of - data and information between such entities and the Department - of Veterans Affairs. + (1) the size of the catchment area of each such entity; + (2) the staffing structures of such entities; + (3) any accreditation or licensure any such entity has obtained + in relation to the services the entity provides; + (4) any variances in the subpopulations of veterans served by + such entities; + (5) any limitations any such entity may face in carrying out + its obligations under the memorandum of understanding or memorandum + of agreement; + (6) the extent to which the Under Secretary provides oversight + and tracks outcomes of such entities; + (7) any variations in the structure or requirements of the + memoranda of understanding and memoranda of agreement; + (8) a breakdown of the percentage of such entities that serve-- + (A) women veterans; + (B) minority veterans; + (C) veterans who are over the age of 55; + (D) veterans between the ages of 18 and 34; + (E) veterans who reside in United States insular areas; and + (F) veterans' families; and + (9) any measures taken to ensure the secure exchange of data + and information between such entities and the Department of + Veterans Affairs. (c) Report to Congress.--Not later than 270 days after the completion of the assessment under subsection (a), the Comptroller General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the results of the assessment. - Passed the House of Representatives May 21, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From ab7ebe6dd096132aaa9a7930aa293f8178cea7c6 Mon Sep 17 00:00:00 2001 From: "Rep. Pascrell, Bill, Jr. [D-NJ-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 252/984] House-2379: Introduced to House --- bills_text/House-2379.txt | 36 ++++++++++++++++++++++++++++++++++++ 1 file changed, 36 insertions(+) create mode 100644 bills_text/House-2379.txt diff --git a/bills_text/House-2379.txt b/bills_text/House-2379.txt new file mode 100644 index 0000000..e81b167 --- /dev/null +++ b/bills_text/House-2379.txt @@ -0,0 +1,36 @@ +116th CONGRESS + 1st Session + H. R. 2379 + + To reauthorize the Bulletproof Vest Partnership Grant Program. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 29, 2019 + + Mr. Pascrell (for himself, Mr. King of New York, Mrs. Demings, Mr. +Collins of Georgia, Mr. Visclosky, and Mr. Fitzpatrick) introduced the + following bill; which was referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To reauthorize the Bulletproof Vest Partnership Grant Program. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM REAUTHORIZATION. + + Section 1001(a)(23) of title I of the Omnibus Crime Control and +Safe Streets Act of 1968 (34 U.S.C. 10261(a)(23)) is amended by +striking ``part Y'' and all that follows and inserting ``part Y, +$30,000,000 for fiscal year 2020, and each fiscal year thereafter.''. + \ No newline at end of file From 5975fe1354ca0ef13ab5da8f590f12bdcaa8ad78 Mon Sep 17 00:00:00 2001 From: "Rep. Pascrell, Bill, Jr. [D-NJ-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 253/984] House-2379: Engrossed in House --- bills_text/House-2379.txt | 47 ++++++++++++++++++++++++--------------- 1 file changed, 29 insertions(+), 18 deletions(-) diff --git a/bills_text/House-2379.txt b/bills_text/House-2379.txt index e81b167..acaa75e 100644 --- a/bills_text/House-2379.txt +++ b/bills_text/House-2379.txt @@ -2,35 +2,46 @@ 1st Session H. R. 2379 +_______________________________________________________________________ + + AN ACT + + + To reauthorize the Bulletproof Vest Partnership Grant Program. + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, -_______________________________________________________________________ +SECTION 1. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM REAUTHORIZATION. + (a) In General.--Section 1001(a)(23) of title I of the Omnibus +Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(23)) is +amended by striking ``part Y'' and all that follows and inserting +``part Y, $30,000,000 for fiscal year 2020, and each fiscal year +thereafter.''. + (b) Program Name.--Part Y of title I of the Omnibus Crime Control +and Safe Streets Act of 1968 (34 U.S.C. 10531 et seq.) is amended by +inserting before section 2501 the following: - IN THE HOUSE OF REPRESENTATIVES +``SEC. 2500. PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM. - April 29, 2019 + ``The program under this part shall be known as the `Patrick Leahy +Bulletproof Vest Partnership Grant Program'.''. - Mr. Pascrell (for himself, Mr. King of New York, Mrs. Demings, Mr. -Collins of Georgia, Mr. Visclosky, and Mr. Fitzpatrick) introduced the - following bill; which was referred to the Committee on the Judiciary + Passed the House of Representatives May 14, 2019. -_______________________________________________________________________ + Attest: - A BILL + Clerk. +116th CONGRESS + 1st Session - - To reauthorize the Bulletproof Vest Partnership Grant Program. + H. R. 2379 - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, +_______________________________________________________________________ -SECTION 1. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM REAUTHORIZATION. + AN ACT - Section 1001(a)(23) of title I of the Omnibus Crime Control and -Safe Streets Act of 1968 (34 U.S.C. 10261(a)(23)) is amended by -striking ``part Y'' and all that follows and inserting ``part Y, -$30,000,000 for fiscal year 2020, and each fiscal year thereafter.''. - \ No newline at end of file + To reauthorize the Bulletproof Vest Partnership Grant Program. From 46451530431f087acd428766e193ee037ffb9225 Mon Sep 17 00:00:00 2001 From: "Rep. Pascrell, Bill, Jr. [D-NJ-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 254/984] House-2379: Received in Senate --- bills_text/House-2379.txt | 23 ++++++++++++----------- 1 file changed, 12 insertions(+), 11 deletions(-) diff --git a/bills_text/House-2379.txt b/bills_text/House-2379.txt index acaa75e..9dde1c3 100644 --- a/bills_text/House-2379.txt +++ b/bills_text/House-2379.txt @@ -2,6 +2,16 @@ 1st Session H. R. 2379 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 15, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -33,15 +43,6 @@ Bulletproof Vest Partnership Grant Program'.''. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2379 - -_______________________________________________________________________ + CHERYL L. JOHNSON, - AN ACT - - To reauthorize the Bulletproof Vest Partnership Grant Program. + Clerk. From 4abfabe940333ec9ab4cc660f4d124cca98931b2 Mon Sep 17 00:00:00 2001 From: "Rep. Pascrell, Bill, Jr. [D-NJ-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 255/984] House-2379: Enrolled --- bills_text/House-2379.txt | 30 +++++++++++------------------- 1 file changed, 11 insertions(+), 19 deletions(-) diff --git a/bills_text/House-2379.txt b/bills_text/House-2379.txt index 9dde1c3..e8f5734 100644 --- a/bills_text/House-2379.txt +++ b/bills_text/House-2379.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 2379 + H.R.2379 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - May 15, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act @@ -22,9 +21,7 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM REAUTHORIZATION. - (a) In General.--Section 1001(a)(23) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(23)) is amended by striking ``part Y'' and all that follows and inserting @@ -33,16 +30,11 @@ thereafter.''. (b) Program Name.--Part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10531 et seq.) is amended by inserting before section 2501 the following: - ``SEC. 2500. PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM. - ``The program under this part shall be known as the `Patrick Leahy Bulletproof Vest Partnership Grant Program'.''. - Passed the House of Representatives May 14, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From bd2625dea7393cb68082da212f574edb5a75b474 Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 256/984] House-2385: Introduced to House --- bills_text/House-2385.txt | 79 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 79 insertions(+) create mode 100644 bills_text/House-2385.txt diff --git a/bills_text/House-2385.txt b/bills_text/House-2385.txt new file mode 100644 index 0000000..ba19ea1 --- /dev/null +++ b/bills_text/House-2385.txt @@ -0,0 +1,79 @@ +116th CONGRESS + 1st Session + H. R. 2385 + + To permit the Secretary of Veterans Affairs to establish a grant +program to conduct cemetery research and produce educational materials + for the Veterans Legacy Program. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 29, 2019 + + Mr. Lamb introduced the following bill; which was referred to the + Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To permit the Secretary of Veterans Affairs to establish a grant +program to conduct cemetery research and produce educational materials + for the Veterans Legacy Program. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. GRANTS FOR CEMETERY RESEARCH AND THE PRODUCTION OF + EDUCATIONAL MATERIALS. + + (a) Grants Authorized.-- + (1) In general.--The Secretary of Veterans Affairs may + establish a grant program to conduct cemetery research and + produce educational materials for the Veterans Legacy Program. + (2) Eligible recipients.--The Secretary may award a grant + under this section to any of the following entities: + (A) An institution of higher learning. + (B) A local education agency. + (C) A non-profit entity that the Secretary + determines has a demonstrated history of community + engagement. + (D) Another recipient the Secretary determines to + be appropriate. + (3) Use of funds.--A recipient of a grant under this + section may use the grant amount to-- + (A) conduct research related to national, State, or + Tribal veterans' cemeteries; + (B) produce education materials that teach about + the history of veterans interred in national, State, or + Tribal veterans' cemeteries; and + (C) promote community engagement with the histories + of veterans interred in national, State, or Tribal + veterans' cemeteries. + (4) Maximum amount.--A grant awarded under this section may + not exceed $500,000. + (b) Regulations.--If the Secretary establishes a grant program +under this section, the Secretary shall prescribe regulations +regarding-- + (1) the evaluation of applications for grants under the + program; and + (2) administration of the program. + (c) Definitions.--In this section: + (1) The term ``Veterans Legacy Program'' means the program + of the National Cemetery Administration that is responsible for + providing engagement and educational tools and opportunities to + the public regarding the service and sacrifice of veterans + interred in national, State, or Tribal veterans' cemeteries. + (2) The term ``institution of higher learning'' has the + meaning given that term in section 3452(f) of title 38, United + States Code. + (3) The term ``local educational agency'' has the meaning + given that term in section 8101 of the Elementary and Secondary + Education Act of 1965 (20 U.S.C. 7801). + \ No newline at end of file From 3224fd4856a571a4b4d0cd46471eed9fe00464c2 Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 257/984] House-2385: Engrossed in House --- bills_text/House-2385.txt | 45 +++++++++++++++++++++++---------------- 1 file changed, 27 insertions(+), 18 deletions(-) diff --git a/bills_text/House-2385.txt b/bills_text/House-2385.txt index ba19ea1..36d5e8b 100644 --- a/bills_text/House-2385.txt +++ b/bills_text/House-2385.txt @@ -2,24 +2,9 @@ 1st Session H. R. 2385 - To permit the Secretary of Veterans Affairs to establish a grant -program to conduct cemetery research and produce educational materials - for the Veterans Legacy Program. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - April 29, 2019 - - Mr. Lamb introduced the following bill; which was referred to the - Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -64,7 +49,13 @@ regarding-- (1) the evaluation of applications for grants under the program; and (2) administration of the program. - (c) Definitions.--In this section: + (c) Report Required.--Not later than 2 years after the Secretary +establishes a grant program under this section, the Secretary shall +submit to the committees on Veterans' Affairs of the House of +Representatives and the Senate a report regarding the determination of +the Secretary whether the grant program is a financially effective +means to promote the purposes in subsection (a)(3). + (d) Definitions.--In this section: (1) The term ``Veterans Legacy Program'' means the program of the National Cemetery Administration that is responsible for providing engagement and educational tools and opportunities to @@ -76,4 +67,22 @@ regarding-- (3) The term ``local educational agency'' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). - \ No newline at end of file + + Passed the House of Representatives October 15, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2385 + +_______________________________________________________________________ + + AN ACT + + To permit the Secretary of Veterans Affairs to establish a grant +program to conduct cemetery research and produce educational materials + for the Veterans Legacy Program. From 21ce969b832ad2d73e31c69ced473b11acfee56a Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 258/984] House-2385: Enrolled --- bills_text/House-2385.txt | 123 ++++++++++++++++++-------------------- 1 file changed, 57 insertions(+), 66 deletions(-) diff --git a/bills_text/House-2385.txt b/bills_text/House-2385.txt index 36d5e8b..cedc8ff 100644 --- a/bills_text/House-2385.txt +++ b/bills_text/House-2385.txt @@ -1,54 +1,60 @@ -116th CONGRESS - 1st Session - H. R. 2385 + H.R.2385 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To permit the Secretary of Veterans Affairs to establish a grant -program to conduct cemetery research and produce educational materials - for the Veterans Legacy Program. +To permit the Secretary of Veterans Affairs to establish a grant program + to conduct cemetery research and produce educational materials for the + Veterans Legacy Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. GRANTS FOR CEMETERY RESEARCH AND THE PRODUCTION OF - EDUCATIONAL MATERIALS. - +EDUCATIONAL MATERIALS. (a) Grants Authorized.-- - (1) In general.--The Secretary of Veterans Affairs may - establish a grant program to conduct cemetery research and - produce educational materials for the Veterans Legacy Program. - (2) Eligible recipients.--The Secretary may award a grant - under this section to any of the following entities: - (A) An institution of higher learning. - (B) A local education agency. - (C) A non-profit entity that the Secretary - determines has a demonstrated history of community - engagement. - (D) Another recipient the Secretary determines to - be appropriate. - (3) Use of funds.--A recipient of a grant under this - section may use the grant amount to-- - (A) conduct research related to national, State, or - Tribal veterans' cemeteries; - (B) produce education materials that teach about - the history of veterans interred in national, State, or - Tribal veterans' cemeteries; and - (C) promote community engagement with the histories - of veterans interred in national, State, or Tribal - veterans' cemeteries. - (4) Maximum amount.--A grant awarded under this section may - not exceed $500,000. + (1) In general.--The Secretary of Veterans Affairs may + establish a grant program to conduct cemetery research and produce + educational materials for the Veterans Legacy Program. + (2) Eligible recipients.--The Secretary may award a grant under + this section to any of the following entities: + (A) An institution of higher learning. + (B) A local education agency. + (C) A non-profit entity that the Secretary determines has a + demonstrated history of community engagement. + (D) Another recipient the Secretary determines to be + appropriate. + (3) Use of funds.--A recipient of a grant under this section + may use the grant amount to-- + (A) conduct research related to national, State, or Tribal + veterans' cemeteries; + (B) produce education materials that teach about the + history of veterans interred in national, State, or Tribal + veterans' cemeteries; and + (C) promote community engagement with the histories of + veterans interred in national, State, or Tribal veterans' + cemeteries. + (4) Maximum amount.--A grant awarded under this section may not + exceed $500,000. (b) Regulations.--If the Secretary establishes a grant program under this section, the Secretary shall prescribe regulations regarding-- - (1) the evaluation of applications for grants under the - program; and - (2) administration of the program. + (1) the evaluation of applications for grants under the + program; and + (2) administration of the program. (c) Report Required.--Not later than 2 years after the Secretary establishes a grant program under this section, the Secretary shall submit to the committees on Veterans' Affairs of the House of @@ -56,33 +62,18 @@ Representatives and the Senate a report regarding the determination of the Secretary whether the grant program is a financially effective means to promote the purposes in subsection (a)(3). (d) Definitions.--In this section: - (1) The term ``Veterans Legacy Program'' means the program - of the National Cemetery Administration that is responsible for - providing engagement and educational tools and opportunities to - the public regarding the service and sacrifice of veterans - interred in national, State, or Tribal veterans' cemeteries. - (2) The term ``institution of higher learning'' has the - meaning given that term in section 3452(f) of title 38, United - States Code. - (3) The term ``local educational agency'' has the meaning - given that term in section 8101 of the Elementary and Secondary - Education Act of 1965 (20 U.S.C. 7801). - - Passed the House of Representatives October 15, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2385 - -_______________________________________________________________________ + (1) The term ``Veterans Legacy Program'' means the program of + the National Cemetery Administration that is responsible for + providing engagement and educational tools and opportunities to the + public regarding the service and sacrifice of veterans interred in + national, State, or Tribal veterans' cemeteries. + (2) The term ``institution of higher learning'' has the meaning + given that term in section 3452(f) of title 38, United States Code. + (3) The term ``local educational agency'' has the meaning given + that term in section 8101 of the Elementary and Secondary Education + Act of 1965 (20 U.S.C. 7801). - AN ACT + Speaker of the House of Representatives. - To permit the Secretary of Veterans Affairs to establish a grant -program to conduct cemetery research and produce educational materials - for the Veterans Legacy Program. + Vice President of the United States and + President of the Senate. From 8a92ae3897b19becb7f83b21a6825bc4dc0cea27 Mon Sep 17 00:00:00 2001 From: "Rep. Stefanik, Elise M. [R-NY-21]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 259/984] House-2423: Introduced to House --- bills_text/House-2423.txt | 201 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 201 insertions(+) create mode 100644 bills_text/House-2423.txt diff --git a/bills_text/House-2423.txt b/bills_text/House-2423.txt new file mode 100644 index 0000000..5b0b688 --- /dev/null +++ b/bills_text/House-2423.txt @@ -0,0 +1,201 @@ +116th CONGRESS + 1st Session + H. R. 2423 + +To require the Secretary of the Treasury to mint coins in commemoration +of ratification of the 19th Amendment to the Constitution of the United + States, giving women in the United States the right to vote. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 30, 2019 + + Ms. Stefanik (for herself and Mrs. Lawrence) introduced the following + bill; which was referred to the Committee on Financial Services + +_______________________________________________________________________ + + A BILL + + + +To require the Secretary of the Treasury to mint coins in commemoration +of ratification of the 19th Amendment to the Constitution of the United + States, giving women in the United States the right to vote. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Women's Suffrage Centennial +Commemorative Coin Act''. + +SEC. 2. FINDINGS; PURPOSE. + + (a) Findings.--Congress finds the following: + (1) Elizabeth Cady Stanton and Lucretia Mott organized the + first Women's Rights Convention in Seneca Falls, New York. 68 + women and 32 men signed the Declaration of Sentiments at the + Convention in July 1848. + (2) The Declaration of Sentiments was modeled after the + Declaration of Independence and declared that ``all men and + women are created equal'', linking women's rights directly to + the founding ideals of the United States. + (3) Suffrage activists, including Elizabeth Cady Stanton, + Susan B. Anthony, Harriet Tubman, Sojourner Truth, Ida B. + Wells, Jovita Idar, Inez Millholland, Mary Church Terrell, Anne + Dallas Dudley, Carrie Chapman Cat, Alice Paul, Lucy Burns, and + many others, conducted over 900 local, State, and Federal + campaigns over a 72-year time span to win women the right to + vote. + (4) On November 6, 1917, New York granted women the right + to vote, which was an act that created momentum for the + national movement that culminated in the ratification of the + 19th Amendment to the Constitution of the United States 3 years + later. + (5) The 19th Amendment to the Constitution of the United + States (``The Susan B. Anthony Amendment'') guarantees all + United States women the right to vote and was passed by the + 66th Congress of the United States on June 4, 1919. + (6) On August 9, 1920, right before the ratification period + was set to expire, Governor Albert H. Roberts called a special + session of the Tennessee General Assembly to consider the + amendment. Pro-suffrage and anti-suffrage activists from around + the country descended on Nashville, Tennessee, intent on + influencing the legislature. + (7) After the amendment was defeated in a 48-48 tie vote, + Tennessee State Representative Harry T. Burn from McMinn County + cast the deciding favorable vote after receiving a note from + his mother, Phoebe Ensminger Burn, imploring him to vote yes + for ratification. + (8) On August 18, 1920, Tennessee became the 36th and final + State needed to pass the 19th Amendment, ensuring its + ratification pursuant to Article V of the Constitution of the + United States. + (9) The 19th Amendment was ratified on August 26, 1920, + when Secretary of State Bainbridge Colby issued a proclamation + announcing it has become part of the Constitution of the United + States. + (10) The ratification of the 19th Amendment marked the + single largest extension of voting rights in United States + history, enfranchising 27,000,000 American women in the United + States. + (b) Purpose.--The purpose of this Act is-- + (1) to honor and commemorate the work of women suffrage + activists in the late 19th and early 20th centuries; + (2) to increase public awareness and appreciation for the + history of the women's suffrage movement; and + (3) to encourage all women in the United States to exercise + their hard-won franchise and to become involved in civic life + if they so choose. + +SEC. 3. COIN SPECIFICATIONS. + + (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in +this Act referred to as the ``Secretary'') shall mint and issue not +more than 400,000 $1 coins, which shall-- + (1) weigh 26.73 grams; + (2) have a diameter of 1.500 inches; and + (3) contain at least 90 percent silver. + (b) Legal Tender.--The coins minted under this Act shall be legal +tender, as provided in section 5103 of title 31, United States Code. + (c) Numismatic Items.--For purposes of sections 5134 and 5136 of +title 31, United States Code, all coins minted under this Act shall be +considered to be numismatic items. + +SEC. 4. DESIGN OF COIN. + + (a) Design Requirements.-- + (1) In general.--The design of the coins minted under this + Act shall be emblematic of the women who played a vital role in + rallying support for the 19th Amendment to the Constitution of + the United States. + (2) Designations and inscriptions.--On each coin minted + under this Act, there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2020''; and + (C) inscriptions of the words ``Liberty'', ``In God + We Trust'', ``United States of America'', and ``E + Pluribus Unum.'' + (b) Selection.--The design for the coins minted under this Act +shall-- + (1) contain motifs that honor Susan B. Anthony, Elizabeth + Cady Stanton, Carrie Chapman Catt, Harriet Tubman, Mary Church + Terrell, Alice Paul, Lide Meriwether, Ida B. Wells, and other + suffrage activists of the late 19th century and early 20th + centuries; + (2) be selected by the Secretary, after consultation with + the Smithsonian Institution's American Women's History + Initiative, and the Commission of Fine Arts; and + (3) be reviewed by the Citizens Coinage Advisory Committee. + +SEC. 5. ISSUANCE OF COINS. + + (a) Quality of Coins.--Coins minted under this Act shall be issued +in uncirculated and proof qualities. + (b) Mint Facilities.--Only 1 facility of the United States Mint may +be used to strike any particular quality of the coins minted under this +Act. + (c) Period for Issuance.--The Secretary may issue coins under this +Act only during the period beginning on January 1, 2020, and ending on +December 31, 2020. + +SEC. 6. SALE OF COINS. + + (a) Sale Price.--The coins issued under this Act shall be sold by +the Secretary at a price equal to the sum of-- + (1) the face value of the coins; + (2) the surcharge provided in section 7(a) with respect to + such coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). + (b) Bulk Sales.--The Secretary shall make bulk sales of the coins +issued under this Act at a reasonable discount. + (c) Prepaid Orders.-- + (1) In general.--The Secretary shall accept prepaid orders + for the coins minted under this Act before the issuance of such + coins. + (2) Discount.--Sale prices with respect to prepaid orders + under paragraph (1) shall be at a reasonable discount. + +SEC. 7. SURCHARGES. + + (a) In General.--All sales of coins issued under this Act shall +include a surcharge of $10 per coin for the $1 coin described under +section 3(a). + (b) Distribution.--Subject to section 5134(f) of title 31, United +States Code, and section 8(2), all surcharges received by the Secretary +from the sale of coins issued under this Act shall be promptly paid by +the Secretary to the Smithsonian Institution's American Women's History +Initiative for the purpose of-- + (1) collecting, studying, and establishing programs + relating to women's contributions to various fields and + throughout different periods of history that have influenced + the direction of the United States; and + (2) creating exhibitions and programs that recognize + diverse perspectives on women's history and contributions. + (c) Audits.--The Smithsonian Institution's American Women's History +Initiative shall be subject to the audit requirements of section +5134(f)(2) of title 31, United States Code, with regard to the amounts +received under subsection (b). + +SEC. 8. FINANCIAL ASSURANCES. + + The Secretary shall take such actions as may be necessary to ensure +that-- + (1) minting and issuing coins under this Act will not + result in any net cost to the United States Government; and + (2) no funds, including applicable surcharges, shall be + disbursed to any recipient designated in section 7(b) until the + total cost of designing and issuing all of the coins authorized + by this Act (including labor, materials, dies, use of + machinery, overhead expenses, marketing, and shipping) is + recovered by the United States Treasury, consistent with + sections 5112(m) and 5134(f) of title 31, United States Code. + \ No newline at end of file From f6ce659e17a2e2762b384a5ed2a627fb8e745ce3 Mon Sep 17 00:00:00 2001 From: "Rep. Stefanik, Elise M. [R-NY-21]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 260/984] House-2423: Engrossed in House --- bills_text/House-2423.txt | 60 +++++++++++++++++++++++---------------- 1 file changed, 36 insertions(+), 24 deletions(-) diff --git a/bills_text/House-2423.txt b/bills_text/House-2423.txt index 5b0b688..b1a7cf8 100644 --- a/bills_text/House-2423.txt +++ b/bills_text/House-2423.txt @@ -2,24 +2,9 @@ 1st Session H. R. 2423 -To require the Secretary of the Treasury to mint coins in commemoration -of ratification of the 19th Amendment to the Constitution of the United - States, giving women in the United States the right to vote. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - April 30, 2019 - - Ms. Stefanik (for herself and Mrs. Lawrence) introduced the following - bill; which was referred to the Committee on Financial Services - _______________________________________________________________________ - A BILL + AN ACT @@ -49,10 +34,10 @@ SEC. 2. FINDINGS; PURPOSE. (3) Suffrage activists, including Elizabeth Cady Stanton, Susan B. Anthony, Harriet Tubman, Sojourner Truth, Ida B. Wells, Jovita Idar, Inez Millholland, Mary Church Terrell, Anne - Dallas Dudley, Carrie Chapman Cat, Alice Paul, Lucy Burns, and - many others, conducted over 900 local, State, and Federal - campaigns over a 72-year time span to win women the right to - vote. + Dallas Dudley, Carrie Chapman Cat, Alice Paul, Lucy Burns, + Esther Hobart Morris, and many others, conducted over 900 + local, State, and Federal campaigns over a 72-year time span to + win women the right to vote. (4) On November 6, 1917, New York granted women the right to vote, which was an act that created momentum for the national movement that culminated in the ratification of the @@ -138,9 +123,9 @@ SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. - (b) Mint Facilities.--Only 1 facility of the United States Mint may -be used to strike any particular quality of the coins minted under this -Act. + (b) Mint Facilities.--Only one facility of the United States Mint +may be used to strike any particular quality of the coins minted under +this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2020, and ending on December 31, 2020. @@ -198,4 +183,31 @@ that-- machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. - \ No newline at end of file + +SEC. 9. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives October 28, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2423 + +_______________________________________________________________________ + + AN ACT + +To require the Secretary of the Treasury to mint coins in commemoration +of ratification of the 19th Amendment to the Constitution of the United + States, giving women in the United States the right to vote. From 3e6647ce03781295e4b7f20fbefaaf64109b0b9b Mon Sep 17 00:00:00 2001 From: "Rep. Stefanik, Elise M. [R-NY-21]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 261/984] House-2423: Received in Senate --- bills_text/House-2423.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-2423.txt b/bills_text/House-2423.txt index b1a7cf8..c41b537 100644 --- a/bills_text/House-2423.txt +++ b/bills_text/House-2423.txt @@ -2,6 +2,16 @@ 1st Session H. R. 2423 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 29, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -197,17 +207,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2423 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, -To require the Secretary of the Treasury to mint coins in commemoration -of ratification of the 19th Amendment to the Constitution of the United - States, giving women in the United States the right to vote. + Clerk. From 8a643891e3fd640e9ab464dd11649bf1e966082e Mon Sep 17 00:00:00 2001 From: "Rep. Stefanik, Elise M. [R-NY-21]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 262/984] House-2423: Enrolled --- bills_text/House-2423.txt | 243 +++++++++++++++++--------------------- 1 file changed, 107 insertions(+), 136 deletions(-) diff --git a/bills_text/House-2423.txt b/bills_text/House-2423.txt index c41b537..ee81895 100644 --- a/bills_text/House-2423.txt +++ b/bills_text/House-2423.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 2423 + H.R.2423 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - October 29, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act @@ -24,113 +23,97 @@ of ratification of the 19th Amendment to the Constitution of the United Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Women's Suffrage Centennial Commemorative Coin Act''. - SEC. 2. FINDINGS; PURPOSE. - (a) Findings.--Congress finds the following: - (1) Elizabeth Cady Stanton and Lucretia Mott organized the - first Women's Rights Convention in Seneca Falls, New York. 68 - women and 32 men signed the Declaration of Sentiments at the - Convention in July 1848. - (2) The Declaration of Sentiments was modeled after the - Declaration of Independence and declared that ``all men and - women are created equal'', linking women's rights directly to - the founding ideals of the United States. - (3) Suffrage activists, including Elizabeth Cady Stanton, - Susan B. Anthony, Harriet Tubman, Sojourner Truth, Ida B. - Wells, Jovita Idar, Inez Millholland, Mary Church Terrell, Anne - Dallas Dudley, Carrie Chapman Cat, Alice Paul, Lucy Burns, - Esther Hobart Morris, and many others, conducted over 900 - local, State, and Federal campaigns over a 72-year time span to - win women the right to vote. - (4) On November 6, 1917, New York granted women the right - to vote, which was an act that created momentum for the - national movement that culminated in the ratification of the - 19th Amendment to the Constitution of the United States 3 years - later. - (5) The 19th Amendment to the Constitution of the United - States (``The Susan B. Anthony Amendment'') guarantees all - United States women the right to vote and was passed by the - 66th Congress of the United States on June 4, 1919. - (6) On August 9, 1920, right before the ratification period - was set to expire, Governor Albert H. Roberts called a special - session of the Tennessee General Assembly to consider the - amendment. Pro-suffrage and anti-suffrage activists from around - the country descended on Nashville, Tennessee, intent on - influencing the legislature. - (7) After the amendment was defeated in a 48-48 tie vote, - Tennessee State Representative Harry T. Burn from McMinn County - cast the deciding favorable vote after receiving a note from - his mother, Phoebe Ensminger Burn, imploring him to vote yes - for ratification. - (8) On August 18, 1920, Tennessee became the 36th and final - State needed to pass the 19th Amendment, ensuring its - ratification pursuant to Article V of the Constitution of the - United States. - (9) The 19th Amendment was ratified on August 26, 1920, - when Secretary of State Bainbridge Colby issued a proclamation - announcing it has become part of the Constitution of the United - States. - (10) The ratification of the 19th Amendment marked the - single largest extension of voting rights in United States - history, enfranchising 27,000,000 American women in the United - States. + (1) Elizabeth Cady Stanton and Lucretia Mott organized the + first Women's Rights Convention in Seneca Falls, New York. 68 women + and 32 men signed the Declaration of Sentiments at the Convention + in July 1848. + (2) The Declaration of Sentiments was modeled after the + Declaration of Independence and declared that ``all men and women + are created equal'', linking women's rights directly to the + founding ideals of the United States. + (3) Suffrage activists, including Elizabeth Cady Stanton, Susan + B. Anthony, Harriet Tubman, Sojourner Truth, Ida B. Wells, Jovita + Idar, Inez Millholland, Mary Church Terrell, Anne Dallas Dudley, + Carrie Chapman Catt, Alice Paul, Lucy Burns, Esther Hobart Morris, + and many others, conducted over 900 local, State, and Federal + campaigns over a 72-year time span to win women the right to vote. + (4) On November 6, 1917, New York granted women the right to + vote, which was an act that created momentum for the national + movement that culminated in the ratification of the 19th Amendment + to the Constitution of the United States 3 years later. + (5) The 19th Amendment to the Constitution of the United States + (``The Susan B. Anthony Amendment'') guarantees all United States + women the right to vote and was passed by the 66th Congress of the + United States on June 4, 1919. + (6) On August 9, 1920, right before the ratification period was + set to expire, Governor Albert H. Roberts called a special session + of the Tennessee General Assembly to consider the amendment. Pro- + suffrage and anti-suffrage activists from around the country + descended on Nashville, Tennessee, intent on influencing the + legislature. + (7) After the amendment was defeated in a 48-48 tie vote, + Tennessee State Representative Harry T. Burn from McMinn County + cast the deciding favorable vote after receiving a note from his + mother, Phoebe Ensminger Burn, imploring him to vote yes for + ratification. + (8) On August 18, 1920, Tennessee became the 36th and final + State needed to pass the 19th Amendment, ensuring its ratification + pursuant to Article V of the Constitution of the United States. + (9) The 19th Amendment was ratified on August 26, 1920, when + Secretary of State Bainbridge Colby issued a proclamation + announcing it has become part of the Constitution of the United + States. + (10) The ratification of the 19th Amendment marked the single + largest extension of voting rights in United States history, + enfranchising 27,000,000 American women in the United States. (b) Purpose.--The purpose of this Act is-- - (1) to honor and commemorate the work of women suffrage - activists in the late 19th and early 20th centuries; - (2) to increase public awareness and appreciation for the - history of the women's suffrage movement; and - (3) to encourage all women in the United States to exercise - their hard-won franchise and to become involved in civic life - if they so choose. - + (1) to honor and commemorate the work of women suffrage + activists in the late 19th and early 20th centuries; + (2) to increase public awareness and appreciation for the + history of the women's suffrage movement; and + (3) to encourage all women in the United States to exercise + their hard-won franchise and to become involved in civic life if + they so choose. SEC. 3. COIN SPECIFICATIONS. - (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 $1 coins, which shall-- - (1) weigh 26.73 grams; - (2) have a diameter of 1.500 inches; and - (3) contain at least 90 percent silver. + (1) weigh 26.73 grams; + (2) have a diameter of 1.500 inches; and + (3) contain at least 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. - SEC. 4. DESIGN OF COIN. - (a) Design Requirements.-- - (1) In general.--The design of the coins minted under this - Act shall be emblematic of the women who played a vital role in - rallying support for the 19th Amendment to the Constitution of - the United States. - (2) Designations and inscriptions.--On each coin minted - under this Act, there shall be-- - (A) a designation of the value of the coin; - (B) an inscription of the year ``2020''; and - (C) inscriptions of the words ``Liberty'', ``In God - We Trust'', ``United States of America'', and ``E - Pluribus Unum.'' + (1) In general.--The design of the coins minted under this Act + shall be emblematic of the women who played a vital role in + rallying support for the 19th Amendment to the Constitution of the + United States. + (2) Designations and inscriptions.--On each coin minted under + this Act, there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2020''; and + (C) inscriptions of the words ``Liberty'', ``In God We + Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- - (1) contain motifs that honor Susan B. Anthony, Elizabeth - Cady Stanton, Carrie Chapman Catt, Harriet Tubman, Mary Church - Terrell, Alice Paul, Lide Meriwether, Ida B. Wells, and other - suffrage activists of the late 19th century and early 20th - centuries; - (2) be selected by the Secretary, after consultation with - the Smithsonian Institution's American Women's History - Initiative, and the Commission of Fine Arts; and - (3) be reviewed by the Citizens Coinage Advisory Committee. - + (1) contain motifs that honor Susan B. Anthony, Elizabeth Cady + Stanton, Carrie Chapman Catt, Harriet Tubman, Mary Church Terrell, + Alice Paul, Lide Meriwether, Ida B. Wells, and other suffrage + activists of the late 19th century and early 20th centuries; + (2) be selected by the Secretary, after consultation with the + Smithsonian Institution's American Women's History Initiative, and + the Commission of Fine Arts; and + (3) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. - (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--Only one facility of the United States Mint @@ -139,28 +122,23 @@ this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2020, and ending on December 31, 2020. - SEC. 6. SALE OF COINS. - (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- - (1) the face value of the coins; - (2) the surcharge provided in section 7(a) with respect to - such coins; and - (3) the cost of designing and issuing the coins (including - labor, materials, dies, use of machinery, overhead expenses, - marketing, and shipping). + (1) the face value of the coins; + (2) the surcharge provided in section 7(a) with respect to such + coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- - (1) In general.--The Secretary shall accept prepaid orders - for the coins minted under this Act before the issuance of such - coins. - (2) Discount.--Sale prices with respect to prepaid orders - under paragraph (1) shall be at a reasonable discount. - + (1) In general.--The Secretary shall accept prepaid orders for + the coins minted under this Act before the issuance of such coins. + (2) Discount.--Sale prices with respect to prepaid orders under + paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. - (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin for the $1 coin described under section 3(a). @@ -169,33 +147,29 @@ States Code, and section 8(2), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian Institution's American Women's History Initiative for the purpose of-- - (1) collecting, studying, and establishing programs - relating to women's contributions to various fields and - throughout different periods of history that have influenced - the direction of the United States; and - (2) creating exhibitions and programs that recognize - diverse perspectives on women's history and contributions. + (1) collecting, studying, and establishing programs relating to + women's contributions to various fields and throughout different + periods of history that have influenced the direction of the United + States; and + (2) creating exhibitions and programs that recognize diverse + perspectives on women's history and contributions. (c) Audits.--The Smithsonian Institution's American Women's History Initiative shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). - SEC. 8. FINANCIAL ASSURANCES. - The Secretary shall take such actions as may be necessary to ensure that-- - (1) minting and issuing coins under this Act will not - result in any net cost to the United States Government; and - (2) no funds, including applicable surcharges, shall be - disbursed to any recipient designated in section 7(b) until the - total cost of designing and issuing all of the coins authorized - by this Act (including labor, materials, dies, use of - machinery, overhead expenses, marketing, and shipping) is - recovered by the United States Treasury, consistent with - sections 5112(m) and 5134(f) of title 31, United States Code. - + (1) minting and issuing coins under this Act will not result in + any net cost to the United States Government; and + (2) no funds, including applicable surcharges, shall be + disbursed to any recipient designated in section 7(b) until the + total cost of designing and issuing all of the coins authorized by + this Act (including labor, materials, dies, use of machinery, + overhead expenses, marketing, and shipping) is recovered by the + United States Treasury, consistent with sections 5112(m) and + 5134(f) of title 31, United States Code. SEC. 9. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -203,10 +177,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives October 28, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From aec69a764f155e5cd1dff8a03867bc6ce5aee9f9 Mon Sep 17 00:00:00 2001 From: "Rep. Cicilline, David N. [D-RI-1]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 263/984] House-2451: Introduced to House --- bills_text/House-2451.txt | 42 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-2451.txt diff --git a/bills_text/House-2451.txt b/bills_text/House-2451.txt new file mode 100644 index 0000000..9c37c0a --- /dev/null +++ b/bills_text/House-2451.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 1st Session + H. R. 2451 + + To designate the facility of the United States Postal Service located +at 575 Dexter Street in Central Falls, Rhode Island, as the ``Elizabeth + Buffum Chace Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 1, 2019 + + Mr. Cicilline (for himself and Mr. Langevin) introduced the following + bill; which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 575 Dexter Street in Central Falls, Rhode Island, as the ``Elizabeth + Buffum Chace Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. ELIZABETH BUFFUM CHACE POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 575 Dexter Street in Central Falls, Rhode Island, shall be +known and designated as the ``Elizabeth Buffum Chace Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Elizabeth +Buffum Chace Post Office''. + \ No newline at end of file From 88298381c255a1626f72e9e30bd72a74bff70a23 Mon Sep 17 00:00:00 2001 From: "Rep. Cicilline, David N. [D-RI-1]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 264/984] House-2451: Engrossed in House --- bills_text/House-2451.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-2451.txt b/bills_text/House-2451.txt index 9c37c0a..c61e0b0 100644 --- a/bills_text/House-2451.txt +++ b/bills_text/House-2451.txt @@ -2,24 +2,9 @@ 1st Session H. R. 2451 - To designate the facility of the United States Postal Service located -at 575 Dexter Street in Central Falls, Rhode Island, as the ``Elizabeth - Buffum Chace Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - May 1, 2019 - - Mr. Cicilline (for himself and Mr. Langevin) introduced the following - bill; which was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -39,4 +24,22 @@ known and designated as the ``Elizabeth Buffum Chace Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Elizabeth Buffum Chace Post Office''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2451 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 575 Dexter Street in Central Falls, Rhode Island, as the ``Elizabeth + Buffum Chace Post Office''. From 30c0e28c28047f8290ee2b9ecdcc2a2c336125b2 Mon Sep 17 00:00:00 2001 From: "Rep. Cicilline, David N. [D-RI-1]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 265/984] House-2451: Enrolled --- bills_text/House-2451.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-2451.txt b/bills_text/House-2451.txt index c61e0b0..55ddd9d 100644 --- a/bills_text/House-2451.txt +++ b/bills_text/House-2451.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 2451 + H.R.2451 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located -at 575 Dexter Street in Central Falls, Rhode Island, as the ``Elizabeth - Buffum Chace Post Office''. +To designate the facility of the United States Postal Service located at + 575 Dexter Street in Central Falls, Rhode Island, as the ``Elizabeth + Buffum Chace Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. ELIZABETH BUFFUM CHACE POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 575 Dexter Street in Central Falls, Rhode Island, shall be known and designated as the ``Elizabeth Buffum Chace Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Elizabeth Buffum Chace Post Office''. - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2451 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 575 Dexter Street in Central Falls, Rhode Island, as the ``Elizabeth - Buffum Chace Post Office''. + Vice President of the United States and + President of the Senate. From 50ab748414fbf3134ef97233be78a1807c015c78 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Dusty [R-SD-At Large]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 266/984] House-2454: Introduced to House --- bills_text/House-2454.txt | 42 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-2454.txt diff --git a/bills_text/House-2454.txt b/bills_text/House-2454.txt new file mode 100644 index 0000000..b443bda --- /dev/null +++ b/bills_text/House-2454.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 1st Session + H. R. 2454 + + To designate the facility of the United States Postal Service located + at 123 East Sharpfish Street in Rosebud, South Dakota, as the ``Ben + Reifel Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 1, 2019 + + Mr. Johnson of South Dakota introduced the following bill; which was + referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 123 East Sharpfish Street in Rosebud, South Dakota, as the ``Ben + Reifel Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. BEN REIFEL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 123 East Sharpfish Street in Rosebud, South Dakota, shall be +known and designated as the ``Ben Reifel Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Ben Reifel +Post Office Building''. + \ No newline at end of file From 58a58e2fa1c2767d5d12c87194e1fb64a25b4231 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Dusty [R-SD-At Large]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 267/984] House-2454: Engrossed in House --- bills_text/House-2454.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-2454.txt b/bills_text/House-2454.txt index b443bda..a743835 100644 --- a/bills_text/House-2454.txt +++ b/bills_text/House-2454.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 2454 - To designate the facility of the United States Postal Service located - at 123 East Sharpfish Street in Rosebud, South Dakota, as the ``Ben - Reifel Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - May 1, 2019 - - Mr. Johnson of South Dakota introduced the following bill; which was - referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -39,4 +24,22 @@ known and designated as the ``Ben Reifel Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ben Reifel Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 30, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 2454 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 123 East Sharpfish Street in Rosebud, South Dakota, as the ``Ben + Reifel Post Office Building''. From 4e3a17161e4baa426e721cc5b599dee90da51920 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Dusty [R-SD-At Large]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 268/984] House-2454: Enrolled --- bills_text/House-2454.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-2454.txt b/bills_text/House-2454.txt index a743835..20fdb02 100644 --- a/bills_text/House-2454.txt +++ b/bills_text/House-2454.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 2454 + H.R.2454 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 123 East Sharpfish Street in Rosebud, South Dakota, as the ``Ben - Reifel Post Office Building''. +To designate the facility of the United States Postal Service located at +123 East Sharpfish Street in Rosebud, South Dakota, as the ``Ben Reifel + Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. BEN REIFEL POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 123 East Sharpfish Street in Rosebud, South Dakota, shall be known and designated as the ``Ben Reifel Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ben Reifel Post Office Building''. - Passed the House of Representatives September 30, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 2454 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 123 East Sharpfish Street in Rosebud, South Dakota, as the ``Ben - Reifel Post Office Building''. + Vice President of the United States and + President of the Senate. From 1edf93900f893cbee6a38b1da197149bb32259e8 Mon Sep 17 00:00:00 2001 From: "Rep. Hoyer, Steny H. [D-MD-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 269/984] House-2468: Introduced to House --- bills_text/House-2468.txt | 97 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 97 insertions(+) create mode 100644 bills_text/House-2468.txt diff --git a/bills_text/House-2468.txt b/bills_text/House-2468.txt new file mode 100644 index 0000000..0c3545d --- /dev/null +++ b/bills_text/House-2468.txt @@ -0,0 +1,97 @@ +116th CONGRESS + 1st Session + H. R. 2468 + + To amend the Public Health Service Act to increase the preference + given, in awarding certain allergies and asthma-related grants, to +States that require certain public schools to have allergies and asthma + management programs, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 2, 2019 + + Mr. Hoyer (for himself and Mr. David P. Roe of Tennessee) introduced + the following bill; which was referred to the Committee on Energy and + Commerce + +_______________________________________________________________________ + + A BILL + + + + To amend the Public Health Service Act to increase the preference + given, in awarding certain allergies and asthma-related grants, to +States that require certain public schools to have allergies and asthma + management programs, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``School-Based Allergies and Asthma +Management Program Act''. + +SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT REQUIRE CERTAIN + PUBLIC SCHOOLS TO HAVE ALLERGIES AND ASTHMA MANAGEMENT + PROGRAMS. + + Section 399L(d) of the Public Health Service Act (42 U.S.C. +280g(d)) is amended-- + (1) in paragraph (1), by amending subparagraph (F) to read + as follows: + ``(F) School personnel administration of rescue + medications for allergies and asthma.--In determining + the preference (if any) to be given to a State under + this subsection, the Secretary shall give additional + preference to a State that provides to the Secretary + the certification described in subparagraph (G) and + that requires that each public elementary school and + secondary school in the State-- + ``(i) has in place a plan for having on the + premises of the school during all operating + hours of the school a school nurse or one or + more other individuals who are trained + personnel of the school; and + ``(ii) has in place under the direction of + a school nurse a comprehensive school-based + allergies and asthma management program that + includes-- + ``(I) a method to identify all + students of such school with a + diagnosis of allergies and asthma; + ``(II) an individual student + allergies and asthma action plan for + each student of such school with a + diagnosis of allergies and asthma; + ``(III) allergies and asthma + education for school staff who are + directly responsible for students who + have been identified as having + allergies or asthma, such as education + regarding basics, management, trigger + management, and comprehensive emergency + responses with respect to allergies and + asthma; + ``(IV) efforts to reduce the + presence of environmental triggers of + allergies and asthma; and + ``(V) a system to support students + with a diagnosis of allergies or asthma + through coordination with family + members of such students, primary care + providers of such students, and others + as necessary.''; and + (2) in paragraph (3)(E)-- + (A) in the matter preceding clause (i), by + inserting ``, such as the school nurse'' after + ``individual''; and + (B) in clause (i), by inserting ``school nurse or'' + before ``principal''. + \ No newline at end of file From 9f456f768e32779f58a9d1622e15c2a585e7d60a Mon Sep 17 00:00:00 2001 From: "Rep. Hoyer, Steny H. [D-MD-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 270/984] House-2468: Engrossed in House --- bills_text/House-2468.txt | 161 +++++++++++++++++++++++--------------- 1 file changed, 97 insertions(+), 64 deletions(-) diff --git a/bills_text/House-2468.txt b/bills_text/House-2468.txt index 0c3545d..af0fdc1 100644 --- a/bills_text/House-2468.txt +++ b/bills_text/House-2468.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 2468 - To amend the Public Health Service Act to increase the preference - given, in awarding certain allergies and asthma-related grants, to -States that require certain public schools to have allergies and asthma - management programs, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - May 2, 2019 - - Mr. Hoyer (for himself and Mr. David P. Roe of Tennessee) introduced - the following bill; which was referred to the Committee on Energy and - Commerce - -_______________________________________________________________________ - - A BILL + AN ACT @@ -44,54 +27,104 @@ SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT REQUIRE CERTAIN Section 399L(d) of the Public Health Service Act (42 U.S.C. 280g(d)) is amended-- - (1) in paragraph (1), by amending subparagraph (F) to read - as follows: - ``(F) School personnel administration of rescue - medications for allergies and asthma.--In determining - the preference (if any) to be given to a State under - this subsection, the Secretary shall give additional - preference to a State that provides to the Secretary - the certification described in subparagraph (G) and - that requires that each public elementary school and - secondary school in the State-- - ``(i) has in place a plan for having on the - premises of the school during all operating - hours of the school a school nurse or one or - more other individuals who are trained - personnel of the school; and - ``(ii) has in place under the direction of - a school nurse a comprehensive school-based - allergies and asthma management program that - includes-- - ``(I) a method to identify all - students of such school with a - diagnosis of allergies and asthma; - ``(II) an individual student - allergies and asthma action plan for - each student of such school with a - diagnosis of allergies and asthma; - ``(III) allergies and asthma - education for school staff who are - directly responsible for students who - have been identified as having - allergies or asthma, such as education - regarding basics, management, trigger - management, and comprehensive emergency - responses with respect to allergies and - asthma; - ``(IV) efforts to reduce the - presence of environmental triggers of - allergies and asthma; and - ``(V) a system to support students - with a diagnosis of allergies or asthma - through coordination with family - members of such students, primary care - providers of such students, and others - as necessary.''; and + (1) in paragraph (1)(F)-- + (A) by redesignating clauses (i), (ii), and (iii) + as subclauses (I), (II), and (III), respectively, and + moving each of such subclauses (as so redesignated) 2 + ems to the right; + (B) by striking ``epinephrine.--In determining'' + and inserting ``epinephrine or school comprehensive + allergies and asthma management program.-- + ``(i) In general.--In determining''; + (C) by striking ``in the State--'' and inserting + ``in the State satisfy the criteria described in clause + (ii) or clause (iii). + ``(ii) Criteria for school personnel + administration of epinephrine.--For purposes of + clause (i), the criteria described in this + clause, with respect to each public elementary + school and secondary school in the State, are + that each such school--''; and + (D) by adding at the end the following new clause: + ``(iii) Criteria for school comprehensive + allergies and asthma management program.--For + purposes of clause (i), the criteria described + in this clause, with respect to each public + elementary school and secondary school in the + State, are that each such school-- + ``(I) has in place a plan for + having on the premises of the school + during all operating hours of the + school a school nurse or one or more + other individuals who are designated by + the principal (or other appropriate + administrative staff) of the school to + direct and apply the program described + in subclause (II) on a voluntary basis + outside their scope of employment; and + ``(II) has in place, under the + direction of a school nurse or other + individual designated under subclause + (I), a comprehensive school-based + allergies and asthma management program + that includes-- + ``(aa) a method to identify + all students of such school + with a diagnosis of allergies + and asthma; + ``(bb) an individual + student allergies and asthma + action plan for each student of + such school with a diagnosis of + allergies and asthma; + ``(cc) allergies and asthma + education for school staff who + are directly responsible for + students who have been + identified as having allergies + or asthma, such as education + regarding basics, management, + trigger management, and + comprehensive emergency + responses with respect to + allergies and asthma; + ``(dd) efforts to reduce + the presence of environmental + triggers of allergies and + asthma; and + ``(ee) a system to support + students with a diagnosis of + allergies or asthma through + coordination with family + members of such students, + primary care providers of such + students, primary asthma or + allergy care providers of such + students, and others as + necessary.''; and (2) in paragraph (3)(E)-- (A) in the matter preceding clause (i), by inserting ``, such as the school nurse'' after ``individual''; and (B) in clause (i), by inserting ``school nurse or'' before ``principal''. - \ No newline at end of file + + Passed the House of Representatives September 29, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 2468 + +_______________________________________________________________________ + + AN ACT + + To amend the Public Health Service Act to increase the preference + given, in awarding certain allergies and asthma-related grants, to +States that require certain public schools to have allergies and asthma + management programs, and for other purposes. From 32628472aaef5beb18e080a95f3ab1937495f003 Mon Sep 17 00:00:00 2001 From: "Rep. Hoyer, Steny H. [D-MD-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 271/984] House-2468: Enrolled --- bills_text/House-2468.txt | 202 ++++++++++++++++---------------------- 1 file changed, 86 insertions(+), 116 deletions(-) diff --git a/bills_text/House-2468.txt b/bills_text/House-2468.txt index af0fdc1..1134fc3 100644 --- a/bills_text/House-2468.txt +++ b/bills_text/House-2468.txt @@ -1,130 +1,100 @@ -116th CONGRESS - 2d Session - H. R. 2468 + H.R.2468 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend the Public Health Service Act to increase the preference - given, in awarding certain allergies and asthma-related grants, to -States that require certain public schools to have allergies and asthma - management programs, and for other purposes. +To amend the Public Health Service Act to increase the preference given, +in awarding certain allergies and asthma-related grants, to States that + require certain public schools to have allergies and asthma management + programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``School-Based Allergies and Asthma Management Program Act''. - SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT REQUIRE CERTAIN - PUBLIC SCHOOLS TO HAVE ALLERGIES AND ASTHMA MANAGEMENT - PROGRAMS. - +PUBLIC SCHOOLS TO HAVE ALLERGIES AND ASTHMA MANAGEMENT PROGRAMS. Section 399L(d) of the Public Health Service Act (42 U.S.C. 280g(d)) is amended-- - (1) in paragraph (1)(F)-- - (A) by redesignating clauses (i), (ii), and (iii) - as subclauses (I), (II), and (III), respectively, and - moving each of such subclauses (as so redesignated) 2 - ems to the right; - (B) by striking ``epinephrine.--In determining'' - and inserting ``epinephrine or school comprehensive - allergies and asthma management program.-- - ``(i) In general.--In determining''; - (C) by striking ``in the State--'' and inserting - ``in the State satisfy the criteria described in clause - (ii) or clause (iii). - ``(ii) Criteria for school personnel - administration of epinephrine.--For purposes of - clause (i), the criteria described in this - clause, with respect to each public elementary - school and secondary school in the State, are - that each such school--''; and - (D) by adding at the end the following new clause: - ``(iii) Criteria for school comprehensive - allergies and asthma management program.--For - purposes of clause (i), the criteria described - in this clause, with respect to each public - elementary school and secondary school in the - State, are that each such school-- - ``(I) has in place a plan for - having on the premises of the school - during all operating hours of the - school a school nurse or one or more - other individuals who are designated by - the principal (or other appropriate - administrative staff) of the school to - direct and apply the program described - in subclause (II) on a voluntary basis - outside their scope of employment; and - ``(II) has in place, under the - direction of a school nurse or other - individual designated under subclause - (I), a comprehensive school-based - allergies and asthma management program - that includes-- - ``(aa) a method to identify - all students of such school - with a diagnosis of allergies - and asthma; - ``(bb) an individual - student allergies and asthma - action plan for each student of - such school with a diagnosis of - allergies and asthma; - ``(cc) allergies and asthma - education for school staff who - are directly responsible for - students who have been - identified as having allergies - or asthma, such as education - regarding basics, management, - trigger management, and - comprehensive emergency - responses with respect to - allergies and asthma; - ``(dd) efforts to reduce - the presence of environmental - triggers of allergies and - asthma; and - ``(ee) a system to support - students with a diagnosis of - allergies or asthma through - coordination with family - members of such students, - primary care providers of such - students, primary asthma or - allergy care providers of such - students, and others as - necessary.''; and - (2) in paragraph (3)(E)-- - (A) in the matter preceding clause (i), by - inserting ``, such as the school nurse'' after - ``individual''; and - (B) in clause (i), by inserting ``school nurse or'' - before ``principal''. - - Passed the House of Representatives September 29, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 2468 - -_______________________________________________________________________ - - AN ACT - - To amend the Public Health Service Act to increase the preference - given, in awarding certain allergies and asthma-related grants, to -States that require certain public schools to have allergies and asthma - management programs, and for other purposes. + (1) in paragraph (1)(F)-- + (A) by redesignating clauses (i), (ii), and (iii) as + subclauses (I), (II), and (III), respectively, and moving each + of such subclauses (as so redesignated) 2 ems to the right; + (B) by striking ``epinephrine.--In determining'' and + inserting ``epinephrine or school comprehensive allergies and + asthma management program.-- + ``(i) In general.--In determining''; + (C) by striking ``in the State--'' and inserting ``in the + State satisfy the criteria described in clause (ii) or clause + (iii). + ``(ii) Criteria for school personnel administration of + epinephrine.--For purposes of clause (i), the criteria + described in this clause, with respect to each public + elementary school and secondary school in the State, are + that each such school--''; and + (D) by adding at the end the following new clause: + ``(iii) Criteria for school comprehensive allergies and + asthma management program.--For purposes of clause (i), the + criteria described in this clause, with respect to each + public elementary school and secondary school in the State, + are that each such school-- + + ``(I) has in place a plan for having on the + premises of the school during all operating hours of + the school a school nurse or one or more other + individuals who are designated by the principal (or + other appropriate administrative staff) of the school + to direct and apply the program described in subclause + (II) on a voluntary basis outside their scope of + employment; and + ``(II) has in place, under the direction of a + school nurse or other individual designated under + subclause (I), a comprehensive school-based allergies + and asthma management program that includes-- + + ``(aa) a method to identify all students of + such school with a diagnosis of allergies and + asthma; + ``(bb) an individual student allergies and + asthma action plan for each student of such school + with a diagnosis of allergies and asthma; + ``(cc) allergies and asthma education for + school staff who are directly responsible for + students who have been identified as having + allergies or asthma, such as education regarding + basics, management, trigger management, and + comprehensive emergency responses with respect to + allergies and asthma; + ``(dd) efforts to reduce the presence of + environmental triggers of allergies and asthma; and + ``(ee) a system to support students with a + diagnosis of allergies or asthma through + coordination with family members of such students, + primary care providers of such students, primary + asthma or allergy care providers of such students, + and others as necessary.''; and + (2) in paragraph (3)(E)-- + (A) in the matter preceding clause (i), by inserting ``, + such as the school nurse'' after ``individual''; and + (B) in clause (i), by inserting ``school nurse or'' before + ``principal''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 44ac77d887ec793f9ffe95796adb7d350c1f84bd Mon Sep 17 00:00:00 2001 From: "Rep. Thompson, Bennie G. [D-MS-2]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 272/984] House-2476: Introduced to House --- bills_text/House-2476.txt | 120 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 120 insertions(+) create mode 100644 bills_text/House-2476.txt diff --git a/bills_text/House-2476.txt b/bills_text/House-2476.txt new file mode 100644 index 0000000..7d81c6c --- /dev/null +++ b/bills_text/House-2476.txt @@ -0,0 +1,120 @@ +116th CONGRESS + 1st Session + H. R. 2476 + +To amend the Homeland Security Act of 2002 to provide funding to secure + nonprofit facilities from terrorist attacks, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 2, 2019 + + Mr. Thompson of Mississippi (for himself, Mr. Payne, Mr. King of New + York, Mr. Pascrell, Mr. Stivers, Mr. Rose of New York, Mr. Balderson, +Mr. Cohen, Ms. Moore, Ms. Norton, Mr. Rush, Miss Rice of New York, Mr. + Green of Texas, Ms. Speier, Mrs. Watson Coleman, Mr. Tonko, Mr. +Espaillat, Ms. Titus, Ms. Clarke of New York, Ms. Bass, Ms. Schakowsky, + Ms. Slotkin, Mr. Richmond, Mr. Higgins of New York, Mr. Langevin, Mr. + Pallone, Mr. Welch, Ms. Jackson Lee, Mr. Meeks, Mr. Hastings, Mr. + Raskin, Mr. Lowenthal, Mr. McGovern, Ms. Kaptur, Ms. Houlahan, Ms. +Velazquez, Mr. Danny K. Davis of Illinois, Ms. McCollum, Mr. Michael F. + Doyle of Pennsylvania, Mr. Engel, Mrs. Demings, Mr. Norcross, Mr. + Johnson of Georgia, Ms. Brownley of California, Mr. Sarbanes, Mr. + Evans, Mrs. Dingell, Mrs. Beatty, Ms. Kelly of Illinois, Mr. Turner, + Mr. Correa, Mr. Lynch, Mr. Gibbs, Mr. Joyce of Ohio, Ms. Meng, Ms. + Barragan, Ms. Eshoo, Mr. Fitzpatrick, Mr. Cooper, Mr. Cleaver, Mr. +Gottheimer, Ms. Stevens, Mr. Ryan, Mr. Cisneros, Mr. Gonzalez of Ohio, +Mr. Hurd of Texas, Ms. Bonamici, Ms. Gabbard, Ms. Underwood, Mr. Lamb, + Mr. Peters, Mr. Harder of California, Mr. Lipinski, Mr. Smith of New + Jersey, Mr. DeFazio, Ms. Frankel, Mr. Carbajal, Mr. Bera, Ms. Torres +Small of New Mexico, Mr. Ted Lieu of California, Mr. Himes, Mrs. Axne, + Mr. McCaul, Mr. Bacon, Miss Gonzalez-Colon of Puerto Rico, Ms. Fudge, +Mr. Schneider, Ms. Haaland, Mr. Blumenauer, Ms. Dean, Mr. Wenstrup, Mr. + Courtney, and Mr. Chabot) introduced the following bill; which was + referred to the Committee on Homeland Security + +_______________________________________________________________________ + + A BILL + + + +To amend the Homeland Security Act of 2002 to provide funding to secure + nonprofit facilities from terrorist attacks, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Securing American Nonprofit +Organizations Against Terrorism Act of 2019''. + +SEC. 2. NONPROFIT SECURITY GRANT PROGRAM. + + (a) In General.--Subtitle A of title XX of the Homeland Security +Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the +following new section: + +``SEC. 2009. NONPROFIT SECURITY GRANT PROGRAM. + + ``(a) Establishment.--There is established in the Department a +program to be known as the `Nonprofit Security Grant Program' (in this +section referred to as the `Program'). Under the Program, the +Secretary, acting through the Administrator, shall make grants to +eligible nonprofit organizations described in subsection (b), through +the State in which such organizations are located, for target hardening +and other security enhancements to protect against terrorist attacks. + ``(b) Eligible Recipients.--Eligible nonprofit organizations +described in this subsection (a) are organizations that are-- + ``(1) described in section 501(c)(3) of the Internal + Revenue Code of 1986 and exempt from tax under section 501(a) + of such Code; and + ``(2) determined to be at risk of a terrorist attack by the + Administrator. + ``(c) Permitted Uses.--The recipient of a grant under this section +may use such grant for any of the following uses: + ``(1) Target hardening activities, including physical + security enhancement equipment and inspection and screening + systems. + ``(2) Fees for security training relating to physical + security and cybersecurity, target hardening, terrorism + awareness, and employee awareness. + ``(3) Any other appropriate activity, including + cybersecurity resilience activities, as determined by the + Administrator. + ``(d) Period of Performance.--The Administrator shall make funds +provided under this section available for use by a recipient of a grant +for a period of not less than 36 months. + ``(e) Report.--The Administrator shall annually for each of fiscal +years 2020 through 2024 submit to the Committee on Homeland Security of +the House of Representatives and the Committee on Homeland Security and +Governmental Affairs of the Senate a report containing information on +the expenditure by each grant recipient of grant funds made under this +section. + ``(f) Authorization of Appropriations.-- + ``(1) In general.--There is authorized to be appropriated + $75,000,000 for each of fiscal years 2020 through 2024 to carry + out this section. + ``(2) Specification.--Of the amounts authorized to be + appropriated pursuant to paragraph (1)-- + ``(A) $50,000,000 is authorized for eligible + recipients located in jurisdictions that receive + funding under section 2003; and + ``(B) $25,000,000 is authorized for eligible + recipients in jurisdictions not receiving funding under + section 2003.''. + (b) Conforming Amendment.--Subsection (a) of section 2002 of the +Homeland Security Act of 2002 (6 U.S.C. 603) is amended by striking +``sections 2003 and 2004'' and inserting ``sections 2003, 2004, and +2009''. + (c) Clerical Amendment.--The table of contents in section 1(b) of +the Homeland Security Act of 2002 is amended by inserting after the +item relating to section 2008 the following new item: + +``Sec. 2009. Nonprofit security grant program.'' + \ No newline at end of file From ef6d5b81cdee6acbc497957d21ee41a9adf65c9c Mon Sep 17 00:00:00 2001 From: "Rep. Thompson, Bennie G. [D-MS-2]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 273/984] House-2476: Engrossed in House --- bills_text/House-2476.txt | 64 ++++++++++++++------------------------- 1 file changed, 23 insertions(+), 41 deletions(-) diff --git a/bills_text/House-2476.txt b/bills_text/House-2476.txt index 7d81c6c..8f97631 100644 --- a/bills_text/House-2476.txt +++ b/bills_text/House-2476.txt @@ -2,44 +2,9 @@ 1st Session H. R. 2476 -To amend the Homeland Security Act of 2002 to provide funding to secure - nonprofit facilities from terrorist attacks, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - May 2, 2019 - - Mr. Thompson of Mississippi (for himself, Mr. Payne, Mr. King of New - York, Mr. Pascrell, Mr. Stivers, Mr. Rose of New York, Mr. Balderson, -Mr. Cohen, Ms. Moore, Ms. Norton, Mr. Rush, Miss Rice of New York, Mr. - Green of Texas, Ms. Speier, Mrs. Watson Coleman, Mr. Tonko, Mr. -Espaillat, Ms. Titus, Ms. Clarke of New York, Ms. Bass, Ms. Schakowsky, - Ms. Slotkin, Mr. Richmond, Mr. Higgins of New York, Mr. Langevin, Mr. - Pallone, Mr. Welch, Ms. Jackson Lee, Mr. Meeks, Mr. Hastings, Mr. - Raskin, Mr. Lowenthal, Mr. McGovern, Ms. Kaptur, Ms. Houlahan, Ms. -Velazquez, Mr. Danny K. Davis of Illinois, Ms. McCollum, Mr. Michael F. - Doyle of Pennsylvania, Mr. Engel, Mrs. Demings, Mr. Norcross, Mr. - Johnson of Georgia, Ms. Brownley of California, Mr. Sarbanes, Mr. - Evans, Mrs. Dingell, Mrs. Beatty, Ms. Kelly of Illinois, Mr. Turner, - Mr. Correa, Mr. Lynch, Mr. Gibbs, Mr. Joyce of Ohio, Ms. Meng, Ms. - Barragan, Ms. Eshoo, Mr. Fitzpatrick, Mr. Cooper, Mr. Cleaver, Mr. -Gottheimer, Ms. Stevens, Mr. Ryan, Mr. Cisneros, Mr. Gonzalez of Ohio, -Mr. Hurd of Texas, Ms. Bonamici, Ms. Gabbard, Ms. Underwood, Mr. Lamb, - Mr. Peters, Mr. Harder of California, Mr. Lipinski, Mr. Smith of New - Jersey, Mr. DeFazio, Ms. Frankel, Mr. Carbajal, Mr. Bera, Ms. Torres -Small of New Mexico, Mr. Ted Lieu of California, Mr. Himes, Mrs. Axne, - Mr. McCaul, Mr. Bacon, Miss Gonzalez-Colon of Puerto Rico, Ms. Fudge, -Mr. Schneider, Ms. Haaland, Mr. Blumenauer, Ms. Dean, Mr. Wenstrup, Mr. - Courtney, and Mr. Chabot) introduced the following bill; which was - referred to the Committee on Homeland Security - -_______________________________________________________________________ - - A BILL + AN ACT @@ -98,14 +63,14 @@ the expenditure by each grant recipient of grant funds made under this section. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated - $75,000,000 for each of fiscal years 2020 through 2024 to carry + $75 million for each of fiscal years 2020 through 2024 to carry out this section. ``(2) Specification.--Of the amounts authorized to be appropriated pursuant to paragraph (1)-- - ``(A) $50,000,000 is authorized for eligible + ``(A) $50 million is authorized for eligible recipients located in jurisdictions that receive funding under section 2003; and - ``(B) $25,000,000 is authorized for eligible + ``(B) $25 million is authorized for eligible recipients in jurisdictions not receiving funding under section 2003.''. (b) Conforming Amendment.--Subsection (a) of section 2002 of the @@ -116,5 +81,22 @@ Homeland Security Act of 2002 (6 U.S.C. 603) is amended by striking the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2008 the following new item: -``Sec. 2009. Nonprofit security grant program.'' - \ No newline at end of file +``Sec. 2009. Nonprofit security grant program.''. + + Passed the House of Representatives June 10, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2476 + +_______________________________________________________________________ + + AN ACT + +To amend the Homeland Security Act of 2002 to provide funding to secure + nonprofit facilities from terrorist attacks, and for other purposes. From 1d6addca15f21bc662eb9e349e814a3511b6dd63 Mon Sep 17 00:00:00 2001 From: "Rep. Thompson, Bennie G. [D-MS-2]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 274/984] House-2476: Enrolled --- bills_text/House-2476.txt | 90 +++++++++++++++++---------------------- 1 file changed, 39 insertions(+), 51 deletions(-) diff --git a/bills_text/House-2476.txt b/bills_text/House-2476.txt index 8f97631..62bc628 100644 --- a/bills_text/House-2476.txt +++ b/bills_text/House-2476.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 2476 + H.R.2476 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -13,20 +22,14 @@ To amend the Homeland Security Act of 2002 to provide funding to secure Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Securing American Nonprofit Organizations Against Terrorism Act of 2019''. - SEC. 2. NONPROFIT SECURITY GRANT PROGRAM. - (a) In General.--Subtitle A of title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following new section: - ``SEC. 2009. NONPROFIT SECURITY GRANT PROGRAM. - ``(a) Establishment.--There is established in the Department a program to be known as the `Nonprofit Security Grant Program' (in this section referred to as the `Program'). Under the Program, the @@ -36,22 +39,20 @@ the State in which such organizations are located, for target hardening and other security enhancements to protect against terrorist attacks. ``(b) Eligible Recipients.--Eligible nonprofit organizations described in this subsection (a) are organizations that are-- - ``(1) described in section 501(c)(3) of the Internal - Revenue Code of 1986 and exempt from tax under section 501(a) - of such Code; and - ``(2) determined to be at risk of a terrorist attack by the - Administrator. + ``(1) described in section 501(c)(3) of the Internal Revenue + Code of 1986 and exempt from tax under section 501(a) of such Code; + and + ``(2) determined to be at risk of a terrorist attack by the + Administrator. ``(c) Permitted Uses.--The recipient of a grant under this section may use such grant for any of the following uses: - ``(1) Target hardening activities, including physical - security enhancement equipment and inspection and screening - systems. - ``(2) Fees for security training relating to physical - security and cybersecurity, target hardening, terrorism - awareness, and employee awareness. - ``(3) Any other appropriate activity, including - cybersecurity resilience activities, as determined by the - Administrator. + ``(1) Target hardening activities, including physical security + enhancement equipment and inspection and screening systems. + ``(2) Fees for security training relating to physical security + and cybersecurity, target hardening, terrorism awareness, and + employee awareness. + ``(3) Any other appropriate activity, including cybersecurity + resilience activities, as determined by the Administrator. ``(d) Period of Performance.--The Administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months. @@ -62,17 +63,16 @@ Governmental Affairs of the Senate a report containing information on the expenditure by each grant recipient of grant funds made under this section. ``(f) Authorization of Appropriations.-- - ``(1) In general.--There is authorized to be appropriated - $75 million for each of fiscal years 2020 through 2024 to carry - out this section. - ``(2) Specification.--Of the amounts authorized to be - appropriated pursuant to paragraph (1)-- - ``(A) $50 million is authorized for eligible - recipients located in jurisdictions that receive - funding under section 2003; and - ``(B) $25 million is authorized for eligible - recipients in jurisdictions not receiving funding under - section 2003.''. + ``(1) In general.--There is authorized to be appropriated $75 + million for each of fiscal years 2020 through 2024 to carry out + this section. + ``(2) Specification.--Of the amounts authorized to be + appropriated pursuant to paragraph (1)-- + ``(A) $50 million is authorized for eligible recipients + located in jurisdictions that receive funding under section + 2003; and + ``(B) $25 million is authorized for eligible recipients in + jurisdictions not receiving funding under section 2003.''. (b) Conforming Amendment.--Subsection (a) of section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) is amended by striking ``sections 2003 and 2004'' and inserting ``sections 2003, 2004, and @@ -83,20 +83,8 @@ item relating to section 2008 the following new item: ``Sec. 2009. Nonprofit security grant program.''. - Passed the House of Representatives June 10, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - H. R. 2476 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - -To amend the Homeland Security Act of 2002 to provide funding to secure - nonprofit facilities from terrorist attacks, and for other purposes. + Vice President of the United States and + President of the Senate. From 5d228795b345366d3fbefc15f8baf48294793a9b Mon Sep 17 00:00:00 2001 From: "Rep. Palmer, Gary J. [R-AL-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 275/984] House-2502: Introduced to House --- bills_text/House-2502.txt | 90 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 90 insertions(+) create mode 100644 bills_text/House-2502.txt diff --git a/bills_text/House-2502.txt b/bills_text/House-2502.txt new file mode 100644 index 0000000..5edacce --- /dev/null +++ b/bills_text/House-2502.txt @@ -0,0 +1,90 @@ +116th CONGRESS + 1st Session + H. R. 2502 + +To amend title 40, United States Code, to require certain prospectuses + for public buildings to be made publicly available, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 2, 2019 + + Mr. Palmer introduced the following bill; which was referred to the + Committee on Transportation and Infrastructure + +_______________________________________________________________________ + + A BILL + + + +To amend title 40, United States Code, to require certain prospectuses + for public buildings to be made publicly available, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Transparency in Federal Buildings +Projects Act of 2019''. + +SEC. 2. PUBLIC AVAILABILITY OF BUILDING PROJECT INFORMATION. + + (a) In General.--Chapter 33 of title 40, United States Code, is +amended by adding at the end the following new section: + +``SEC. 3318. AVAILABILITY OF FEDERAL BUILDING PROJECT INFORMATION. + + ``(a) In General.--Not later than 180 days after the date of +enactment of this section, and, at a minimum, on a quarterly basis +thereafter, the Administrator shall make publicly available on a +subpage of the website of the General Services Administration all +prospectuses submitted pursuant to sections 3307 and 3316, and +associated information subject to the following requirements: + ``(1) The Administrator shall maintain such information in + an easily accessible and readable, organized, downloadable, and + searchable format. + ``(2) The Administrator shall ensure the information is + current and prospectuses and associated information updated on + a regular basis. + ``(3) The information required under this section shall be + inclusive for a period of not less than 10 years. + ``(4) The information shall include-- + ``(A) the last date on which the relevant webpage + was updated; + ``(B) approval dates of respective authorizing + resolutions by each committee of jurisdiction, if + applicable; + ``(C) copies of respective committee of + jurisdiction resolutions authorizing such prospectuses, + as appropriate; + ``(D) cross-references to any resubmitted or + amended prospectuses and associated resolutions; and + ``(E) such other information as determined by the + Administrator. + ``(b) Definitions.--In this section, the following definitions +apply: + ``(1) Prospectus.--The term `prospectus' means + prospectuses, building surveys, and factsheets submitted to the + committees of jurisdiction pursuant to sections 3307 and 3316. + ``(2) Committees of jurisdiction.--The term `committees of + jurisdiction' means the Committee on Transportation and + Infrastructure of the House of Representatives and the + Committee on Environment and Public Works of the Senate. + ``(3) Associated information.--The term `associated + information' means resolutions approved by the committees of + jurisdiction and other information as required pursuant to + subsection (a).''. + (b) Conforming Amendment.--The table of chapters for chapter 33 of +title 40, United States Code, is amended by adding at the end the +following: + +``3318. Availability of Federal building project information.''. + \ No newline at end of file From c0ff9ce11d92b05b28ba9d4a69e0a3ce5e35623d Mon Sep 17 00:00:00 2001 From: "Rep. Palmer, Gary J. [R-AL-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 276/984] House-2502: Engrossed in House --- bills_text/House-2502.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-2502.txt b/bills_text/House-2502.txt index 5edacce..314e064 100644 --- a/bills_text/House-2502.txt +++ b/bills_text/House-2502.txt @@ -2,24 +2,9 @@ 1st Session H. R. 2502 -To amend title 40, United States Code, to require certain prospectuses - for public buildings to be made publicly available, and for other - purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - May 2, 2019 - - Mr. Palmer introduced the following bill; which was referred to the - Committee on Transportation and Infrastructure - -_______________________________________________________________________ - - A BILL + AN ACT @@ -87,4 +72,22 @@ title 40, United States Code, is amended by adding at the end the following: ``3318. Availability of Federal building project information.''. - \ No newline at end of file + + Passed the House of Representatives October 28, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2502 + +_______________________________________________________________________ + + AN ACT + +To amend title 40, United States Code, to require certain prospectuses + for public buildings to be made publicly available, and for other + purposes. From b231258d9578eac7dc372e6744afb02a4758b8e1 Mon Sep 17 00:00:00 2001 From: "Rep. Palmer, Gary J. [R-AL-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 277/984] House-2502: Enrolled --- bills_text/House-2502.txt | 110 +++++++++++++++++--------------------- 1 file changed, 49 insertions(+), 61 deletions(-) diff --git a/bills_text/House-2502.txt b/bills_text/House-2502.txt index 314e064..b45b6fa 100644 --- a/bills_text/House-2502.txt +++ b/bills_text/House-2502.txt @@ -1,93 +1,81 @@ -116th CONGRESS - 1st Session - H. R. 2502 + H.R.2502 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend title 40, United States Code, to require certain prospectuses + To amend title 40, United States Code, to require certain prospectuses for public buildings to be made publicly available, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Transparency in Federal Buildings Projects Act of 2019''. - SEC. 2. PUBLIC AVAILABILITY OF BUILDING PROJECT INFORMATION. - (a) In General.--Chapter 33 of title 40, United States Code, is amended by adding at the end the following new section: - ``SEC. 3318. AVAILABILITY OF FEDERAL BUILDING PROJECT INFORMATION. - ``(a) In General.--Not later than 180 days after the date of enactment of this section, and, at a minimum, on a quarterly basis thereafter, the Administrator shall make publicly available on a subpage of the website of the General Services Administration all prospectuses submitted pursuant to sections 3307 and 3316, and associated information subject to the following requirements: - ``(1) The Administrator shall maintain such information in - an easily accessible and readable, organized, downloadable, and - searchable format. - ``(2) The Administrator shall ensure the information is - current and prospectuses and associated information updated on - a regular basis. - ``(3) The information required under this section shall be - inclusive for a period of not less than 10 years. - ``(4) The information shall include-- - ``(A) the last date on which the relevant webpage - was updated; - ``(B) approval dates of respective authorizing - resolutions by each committee of jurisdiction, if - applicable; - ``(C) copies of respective committee of - jurisdiction resolutions authorizing such prospectuses, - as appropriate; - ``(D) cross-references to any resubmitted or - amended prospectuses and associated resolutions; and - ``(E) such other information as determined by the - Administrator. + ``(1) The Administrator shall maintain such information in an + easily accessible and readable, organized, downloadable, and + searchable format. + ``(2) The Administrator shall ensure the information is current + and prospectuses and associated information updated on a regular + basis. + ``(3) The information required under this section shall be + inclusive for a period of not less than 10 years. + ``(4) The information shall include-- + ``(A) the last date on which the relevant webpage was + updated; + ``(B) approval dates of respective authorizing resolutions + by each committee of jurisdiction, if applicable; + ``(C) copies of respective committee of jurisdiction + resolutions authorizing such prospectuses, as appropriate; + ``(D) cross-references to any resubmitted or amended + prospectuses and associated resolutions; and + ``(E) such other information as determined by the + Administrator. ``(b) Definitions.--In this section, the following definitions apply: - ``(1) Prospectus.--The term `prospectus' means - prospectuses, building surveys, and factsheets submitted to the - committees of jurisdiction pursuant to sections 3307 and 3316. - ``(2) Committees of jurisdiction.--The term `committees of - jurisdiction' means the Committee on Transportation and - Infrastructure of the House of Representatives and the - Committee on Environment and Public Works of the Senate. - ``(3) Associated information.--The term `associated - information' means resolutions approved by the committees of - jurisdiction and other information as required pursuant to - subsection (a).''. + ``(1) Prospectus.--The term `prospectus' means prospectuses, + building surveys, and factsheets submitted to the committees of + jurisdiction pursuant to sections 3307 and 3316. + ``(2) Committees of jurisdiction.--The term `committees of + jurisdiction' means the Committee on Transportation and + Infrastructure of the House of Representatives and the Committee on + Environment and Public Works of the Senate. + ``(3) Associated information.--The term `associated + information' means resolutions approved by the committees of + jurisdiction and other information as required pursuant to + subsection (a).''. (b) Conforming Amendment.--The table of chapters for chapter 33 of title 40, United States Code, is amended by adding at the end the following: ``3318. Availability of Federal building project information.''. - Passed the House of Representatives October 28, 2019. - - Attest: - - Clerk. -116th CONGRESS - 1st Session + Speaker of the House of Representatives. - H. R. 2502 - -_______________________________________________________________________ - - AN ACT - -To amend title 40, United States Code, to require certain prospectuses - for public buildings to be made publicly available, and for other - purposes. + Vice President of the United States and + President of the Senate. From 55c8c311bcb7e68c81f0be2ff05fe9ce67f79553 Mon Sep 17 00:00:00 2001 From: "Rep. McCarthy, Kevin [R-CA-23]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 278/984] House-2695: Introduced to House --- bills_text/House-2695.txt | 40 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 40 insertions(+) create mode 100644 bills_text/House-2695.txt diff --git a/bills_text/House-2695.txt b/bills_text/House-2695.txt new file mode 100644 index 0000000..448f4a3 --- /dev/null +++ b/bills_text/House-2695.txt @@ -0,0 +1,40 @@ +116th CONGRESS + 1st Session + H. R. 2695 + +To rename the Success Dam in Tulare County, California, as the Richard + L. Schafer Dam. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 14, 2019 + +Mr. McCarthy (for himself and Mr. Nunes) introduced the following bill; + which was referred to the Committee on Transportation and + Infrastructure + +_______________________________________________________________________ + + A BILL + + + +To rename the Success Dam in Tulare County, California, as the Richard + L. Schafer Dam. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. RENAMING OF DAM. + + (a) Renaming.--The Success Dam in Tulare County, California, shall +hereafter be known and designated as the ``Richard L. Schafer Dam''. + (b) References.--Any reference in any law, regulation, map, +document, paper, or other record of the United States to the dam +referred to in subsection (a) shall be considered to be a reference to +the Richard L. Schafer Dam. + \ No newline at end of file From 13ff3a550750e25e5e1b1966d3ca6c370b6c17e6 Mon Sep 17 00:00:00 2001 From: "Rep. McCarthy, Kevin [R-CA-23]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 279/984] House-2695: Engrossed in House --- bills_text/House-2695.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/House-2695.txt b/bills_text/House-2695.txt index 448f4a3..fea944f 100644 --- a/bills_text/House-2695.txt +++ b/bills_text/House-2695.txt @@ -2,24 +2,9 @@ 1st Session H. R. 2695 -To rename the Success Dam in Tulare County, California, as the Richard - L. Schafer Dam. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - May 14, 2019 - -Mr. McCarthy (for himself and Mr. Nunes) introduced the following bill; - which was referred to the Committee on Transportation and - Infrastructure - _______________________________________________________________________ - A BILL + AN ACT @@ -37,4 +22,21 @@ hereafter be known and designated as the ``Richard L. Schafer Dam''. document, paper, or other record of the United States to the dam referred to in subsection (a) shall be considered to be a reference to the Richard L. Schafer Dam. - \ No newline at end of file + + Passed the House of Representatives June 10, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2695 + +_______________________________________________________________________ + + AN ACT + +To rename the Success Dam in Tulare County, California, as the Richard + L. Schafer Dam. From f3544fd92056e0b7a0986f371403c97468733c29 Mon Sep 17 00:00:00 2001 From: "Rep. McCarthy, Kevin [R-CA-23]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 280/984] House-2695: Enrolled --- bills_text/House-2695.txt | 44 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 25 deletions(-) diff --git a/bills_text/House-2695.txt b/bills_text/House-2695.txt index fea944f..6206364 100644 --- a/bills_text/House-2695.txt +++ b/bills_text/House-2695.txt @@ -1,21 +1,28 @@ -116th CONGRESS - 1st Session - H. R. 2695 + H.R.2695 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act -To rename the Success Dam in Tulare County, California, as the Richard - L. Schafer Dam. + To rename the Success Dam in Tulare County, California, as the Richard + L. Schafer Dam. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. RENAMING OF DAM. - (a) Renaming.--The Success Dam in Tulare County, California, shall hereafter be known and designated as the ``Richard L. Schafer Dam''. (b) References.--Any reference in any law, regulation, map, @@ -23,20 +30,7 @@ document, paper, or other record of the United States to the dam referred to in subsection (a) shall be considered to be a reference to the Richard L. Schafer Dam. - Passed the House of Representatives June 10, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2695 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. -To rename the Success Dam in Tulare County, California, as the Richard - L. Schafer Dam. + Vice President of the United States and + President of the Senate. From 2232fc421b0851f4e7f2a4ccfa354033b64d9184 Mon Sep 17 00:00:00 2001 From: "Rep. McBath, Lucy [D-GA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 281/984] House-2938: Introduced to House --- bills_text/House-2938.txt | 70 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 70 insertions(+) create mode 100644 bills_text/House-2938.txt diff --git a/bills_text/House-2938.txt b/bills_text/House-2938.txt new file mode 100644 index 0000000..1881573 --- /dev/null +++ b/bills_text/House-2938.txt @@ -0,0 +1,70 @@ +116th CONGRESS + 1st Session + H. R. 2938 + +To exempt from the calculation of monthly income certain benefits paid + by the Department of Veterans Affairs and the Department of Defense. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 23, 2019 + +Mrs. McBath (for herself and Mr. Steube) introduced the following bill; + which was referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To exempt from the calculation of monthly income certain benefits paid + by the Department of Veterans Affairs and the Department of Defense. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Honoring American Veterans in +Extreme Need Act of 2019'' or the ``HAVEN Act''. + +SEC. 2. DEFINITION OF CURRENT MONTHLY INCOME. + + 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.''. + \ No newline at end of file From a8c23a9e82a774712cdffba11d4309a41b9d7a36 Mon Sep 17 00:00:00 2001 From: "Rep. McBath, Lucy [D-GA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 282/984] House-2938: Engrossed in House --- bills_text/House-2938.txt | 44 +++++++++++++++++++++++++-------------- 1 file changed, 28 insertions(+), 16 deletions(-) diff --git a/bills_text/House-2938.txt b/bills_text/House-2938.txt index 1881573..39c9366 100644 --- a/bills_text/House-2938.txt +++ b/bills_text/House-2938.txt @@ -2,23 +2,9 @@ 1st Session H. R. 2938 -To exempt from the calculation of monthly income certain benefits paid - by the Department of Veterans Affairs and the Department of Defense. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - May 23, 2019 - -Mrs. McBath (for herself and Mr. Steube) introduced the following bill; - which was referred to the Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -67,4 +53,30 @@ striking subparagraph (B) and inserting the following: entitled if retired under any provision of title 10 other than chapter 61 of that title.''. - \ No newline at end of file + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives July 23, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2938 + +_______________________________________________________________________ + + AN ACT + +To exempt from the calculation of monthly income certain benefits paid + by the Department of Veterans Affairs and the Department of Defense. From bb46878659fa1dd44c9be9f54e9943509808fa56 Mon Sep 17 00:00:00 2001 From: "Rep. McBath, Lucy [D-GA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 283/984] House-2938: Received in Senate --- bills_text/House-2938.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-2938.txt b/bills_text/House-2938.txt index 39c9366..481f9e5 100644 --- a/bills_text/House-2938.txt +++ b/bills_text/House-2938.txt @@ -2,6 +2,16 @@ 1st Session H. R. 2938 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 24, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -67,16 +77,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 1st Session - - H. R. 2938 - -_______________________________________________________________________ - - AN ACT - -To exempt from the calculation of monthly income certain benefits paid - by the Department of Veterans Affairs and the Department of Defense. + Clerk. From 5b91541c388d0ec8dcab6538608133c0647fb665 Mon Sep 17 00:00:00 2001 From: "Rep. McBath, Lucy [D-GA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 284/984] House-2938: Enrolled --- bills_text/House-2938.txt | 89 ++++++++++++++++----------------------- 1 file changed, 37 insertions(+), 52 deletions(-) diff --git a/bills_text/House-2938.txt b/bills_text/House-2938.txt index 481f9e5..440b3ae 100644 --- a/bills_text/House-2938.txt +++ b/bills_text/House-2938.txt @@ -1,71 +1,59 @@ -116th CONGRESS - 1st Session - H. R. 2938 + H.R.2938 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 24, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act -To exempt from the calculation of monthly income certain benefits paid + To exempt from the calculation of monthly income certain benefits paid by the Department of Veterans Affairs and the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Honoring American Veterans in Extreme Need Act of 2019'' or the ``HAVEN Act''. - SEC. 2. DEFINITION OF CURRENT MONTHLY INCOME. - 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.''. - + ``(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.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -73,10 +61,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives July 23, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From d7cb0b04ee4168086a7deda20c54c8f408bfd5d0 Mon Sep 17 00:00:00 2001 From: "Rep. Davis, Danny K. [D-IL-7]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 285/984] House-2940: Introduced to House --- bills_text/House-2940.txt | 42 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-2940.txt diff --git a/bills_text/House-2940.txt b/bills_text/House-2940.txt new file mode 100644 index 0000000..8f012a3 --- /dev/null +++ b/bills_text/House-2940.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 1st Session + H. R. 2940 + + To extend the program of block grants to States for temporary + assistance for needy families and related programs through September + 30, 2019. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 23, 2019 + + Mr. Danny K. Davis of Illinois (for himself and Mrs. Walorski) + introduced the following bill; which was referred to the Committee on + Ways and Means + +_______________________________________________________________________ + + A BILL + + + + To extend the program of block grants to States for temporary + assistance for needy families and related programs through September + 30, 2019. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES + PROGRAM AND RELATED PROGRAMS THROUGH SEPTEMBER 30, 2019. + + Activities authorized by part A of title IV and section 1108(b) of +the Social Security Act shall continue through September 30, 2019, in +the manner authorized for fiscal year 2018, and out of any money in the +Treasury of the United States not otherwise appropriated, there are +hereby appropriated such sums as may be necessary for such purpose. + \ No newline at end of file From 6eec3986e69067d76817ffb6e74dedc79eb4f870 Mon Sep 17 00:00:00 2001 From: "Rep. Davis, Danny K. [D-IL-7]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 286/984] House-2940: Engrossed in House --- bills_text/House-2940.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-2940.txt b/bills_text/House-2940.txt index 8f012a3..37104d6 100644 --- a/bills_text/House-2940.txt +++ b/bills_text/House-2940.txt @@ -2,25 +2,9 @@ 1st Session H. R. 2940 - To extend the program of block grants to States for temporary - assistance for needy families and related programs through September - 30, 2019. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - May 23, 2019 - - Mr. Danny K. Davis of Illinois (for himself and Mrs. Walorski) - introduced the following bill; which was referred to the Committee on - Ways and Means - -_______________________________________________________________________ - - A BILL + AN ACT @@ -39,4 +23,22 @@ the Social Security Act shall continue through September 30, 2019, in the manner authorized for fiscal year 2018, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. - \ No newline at end of file + + Passed the House of Representatives June 3, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 2940 + +_______________________________________________________________________ + + AN ACT + + To extend the program of block grants to States for temporary + assistance for needy families and related programs through September + 30, 2019. From cb7a9626441a3888900c26bb4137d5bd66fab647 Mon Sep 17 00:00:00 2001 From: "Rep. Davis, Danny K. [D-IL-7]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 287/984] House-2940: Received in Senate --- bills_text/House-2940.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-2940.txt b/bills_text/House-2940.txt index 37104d6..1801aed 100644 --- a/bills_text/House-2940.txt +++ b/bills_text/House-2940.txt @@ -2,6 +2,16 @@ 1st Session H. R. 2940 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 4, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -28,17 +38,6 @@ hereby appropriated such sums as may be necessary for such purpose. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 2940 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To extend the program of block grants to States for temporary - assistance for needy families and related programs through September - 30, 2019. + Clerk. From b751f95617084ffd00fe05f275935f347105cdb8 Mon Sep 17 00:00:00 2001 From: "Rep. Davis, Danny K. [D-IL-7]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 288/984] House-2940: Enrolled --- bills_text/House-2940.txt | 35 ++++++++++++++--------------------- 1 file changed, 14 insertions(+), 21 deletions(-) diff --git a/bills_text/House-2940.txt b/bills_text/House-2940.txt index 1801aed..c221f79 100644 --- a/bills_text/House-2940.txt +++ b/bills_text/House-2940.txt @@ -1,43 +1,36 @@ -116th CONGRESS - 1st Session - H. R. 2940 + H.R.2940 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - June 4, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act - To extend the program of block grants to States for temporary - assistance for needy families and related programs through September - 30, 2019. +To extend the program of block grants to States for temporary assistance + for needy families and related programs through September 30, 2019. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES - PROGRAM AND RELATED PROGRAMS THROUGH SEPTEMBER 30, 2019. - +PROGRAM AND RELATED PROGRAMS THROUGH SEPTEMBER 30, 2019. Activities authorized by part A of title IV and section 1108(b) of the Social Security Act shall continue through September 30, 2019, in the manner authorized for fiscal year 2018, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. - Passed the House of Representatives June 3, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 7525ab4cf8b48e998be1447428b8a4f10efb6c00 Mon Sep 17 00:00:00 2001 From: "Rep. Soto, Darren [D-FL-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 289/984] House-2969: Introduced to House --- bills_text/House-2969.txt | 43 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 43 insertions(+) create mode 100644 bills_text/House-2969.txt diff --git a/bills_text/House-2969.txt b/bills_text/House-2969.txt new file mode 100644 index 0000000..b9a73a3 --- /dev/null +++ b/bills_text/House-2969.txt @@ -0,0 +1,43 @@ +116th CONGRESS + 1st Session + H. R. 2969 + + To designate the facility of the United States Postal Service located + at 1401 1st Street North in Winter Haven, Florida, as the ``Althea + Margaret Daily Mills Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 23, 2019 + + Mr. Soto introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 1401 1st Street North in Winter Haven, Florida, as the ``Althea + Margaret Daily Mills Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. ALTHEA MARGARET DAILY MILLS POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 1401 1st Street North in Winter Haven, Florida, shall be +known and designated as the ``Althea Margaret Daily Mills Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Althea +Margaret Daily Mills Post Office Building''. + \ No newline at end of file From 666f1e039a3682e2cd6bdc3394a67bf4aa599760 Mon Sep 17 00:00:00 2001 From: "Rep. Soto, Darren [D-FL-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 290/984] House-2969: Engrossed in House --- bills_text/House-2969.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-2969.txt b/bills_text/House-2969.txt index b9a73a3..623f65d 100644 --- a/bills_text/House-2969.txt +++ b/bills_text/House-2969.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 2969 - To designate the facility of the United States Postal Service located - at 1401 1st Street North in Winter Haven, Florida, as the ``Althea - Margaret Daily Mills Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - May 23, 2019 - - Mr. Soto introduced the following bill; which was referred to the - Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -40,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Althea Margaret Daily Mills Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 2969 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 1401 1st Street North in Winter Haven, Florida, as the ``Althea + Margaret Daily Mills Post Office Building''. From c46d27841c5aee7759c63d075de5d20222ebf84a Mon Sep 17 00:00:00 2001 From: "Rep. Soto, Darren [D-FL-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 291/984] House-2969: Enrolled --- bills_text/House-2969.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-2969.txt b/bills_text/House-2969.txt index 623f65d..384d54e 100644 --- a/bills_text/House-2969.txt +++ b/bills_text/House-2969.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 2969 + H.R.2969 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 1401 1st Street North in Winter Haven, Florida, as the ``Althea - Margaret Daily Mills Post Office Building''. +To designate the facility of the United States Postal Service located at +1401 1st Street North in Winter Haven, Florida, as the ``Althea Margaret + Daily Mills Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. ALTHEA MARGARET DAILY MILLS POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 1401 1st Street North in Winter Haven, Florida, shall be known and designated as the ``Althea Margaret Daily Mills Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Althea Margaret Daily Mills Post Office Building''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 2969 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 1401 1st Street North in Winter Haven, Florida, as the ``Althea - Margaret Daily Mills Post Office Building''. + Vice President of the United States and + President of the Senate. From 69aeca3ccf3887baf5d241c358deaec2a2131fb2 Mon Sep 17 00:00:00 2001 From: "Rep. Peters, Scott H. [D-CA-52]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 292/984] House-3005: Introduced to House --- bills_text/House-3005.txt | 43 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 43 insertions(+) create mode 100644 bills_text/House-3005.txt diff --git a/bills_text/House-3005.txt b/bills_text/House-3005.txt new file mode 100644 index 0000000..90fbd4b --- /dev/null +++ b/bills_text/House-3005.txt @@ -0,0 +1,43 @@ +116th CONGRESS + 1st Session + H. R. 3005 + + To designate the facility of the United States Postal Service located + at 13308 Midland Road in Poway, California, as the ``Ray Chavez Post + Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 23, 2019 + + Mr. Peters (for himself, Mr. Hunter, Mr. Vargas, Mrs. Davis of +California, and Mr. Levin of California) introduced the following bill; + which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 13308 Midland Road in Poway, California, as the ``Ray Chavez Post + Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. RAY CHAVEZ POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 13308 Midland Road in Poway, California, shall be known and +designated as the ``Ray Chavez Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Ray Chavez +Post Office Building''. + \ No newline at end of file From 1e303604b3835a89998ac5bd4a6e253fae46e482 Mon Sep 17 00:00:00 2001 From: "Rep. Peters, Scott H. [D-CA-52]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 293/984] House-3005: Engrossed in House --- bills_text/House-3005.txt | 40 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 19 deletions(-) diff --git a/bills_text/House-3005.txt b/bills_text/House-3005.txt index 90fbd4b..54b9102 100644 --- a/bills_text/House-3005.txt +++ b/bills_text/House-3005.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3005 - To designate the facility of the United States Postal Service located - at 13308 Midland Road in Poway, California, as the ``Ray Chavez Post - Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - May 23, 2019 - - Mr. Peters (for himself, Mr. Hunter, Mr. Vargas, Mrs. Davis of -California, and Mr. Levin of California) introduced the following bill; - which was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -40,4 +24,22 @@ designated as the ``Ray Chavez Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ray Chavez Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 30, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3005 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 13308 Midland Road in Poway, California, as the ``Ray Chavez Post + Office Building''. From 3a9881d9ee75f9047482d28f5e3a9bdfbcba1d0c Mon Sep 17 00:00:00 2001 From: "Rep. Peters, Scott H. [D-CA-52]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 294/984] House-3005: Enrolled --- bills_text/House-3005.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-3005.txt b/bills_text/House-3005.txt index 54b9102..08a5fd5 100644 --- a/bills_text/House-3005.txt +++ b/bills_text/House-3005.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 3005 + H.R.3005 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 13308 Midland Road in Poway, California, as the ``Ray Chavez Post - Office Building''. +To designate the facility of the United States Postal Service located at +13308 Midland Road in Poway, California, as the ``Ray Chavez Post Office + Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. RAY CHAVEZ POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 13308 Midland Road in Poway, California, shall be known and designated as the ``Ray Chavez Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ray Chavez Post Office Building''. - Passed the House of Representatives September 30, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3005 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 13308 Midland Road in Poway, California, as the ``Ray Chavez Post - Office Building''. + Vice President of the United States and + President of the Senate. From 8132d180e5c33977577696ad1d90469a6e8f91c0 Mon Sep 17 00:00:00 2001 From: "Rep. Serrano, Jose E. [D-NY-15]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 295/984] House-3055: Engrossed in House --- bills_text/House-3055.txt | 15625 ++++++++++++++++++++++++++++++++++++ 1 file changed, 15625 insertions(+) create mode 100644 bills_text/House-3055.txt diff --git a/bills_text/House-3055.txt b/bills_text/House-3055.txt new file mode 100644 index 0000000..f8c3325 --- /dev/null +++ b/bills_text/House-3055.txt @@ -0,0 +1,15625 @@ +116th CONGRESS + 1st Session + H. R. 3055 + +_______________________________________________________________________ + + AN ACT + + + + Making appropriations for the Departments of Commerce and Justice, +Science, and Related Agencies for the fiscal year ending September 30, + 2020, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Commerce, Justice, Science, +Agriculture, Rural Development, Food and Drug Administration, Interior, +Environment, Military Construction, Veterans Affairs, Transportation, +and Housing and Urban Development Appropriations Act, 2020''. + + DIVISION A--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES + APPROPRIATIONS ACT, 2020 + + The following sums are appropriated, out of any money in the +Treasury not otherwise appropriated, for the fiscal year ending +September 30, 2020, and for other purposes, namely: + + TITLE I + + DEPARTMENT OF COMMERCE + + International Trade Administration + + operations and administration + + For necessary expenses for international trade activities of the +Department of Commerce provided for by law, to carry out activities +associated with facilitating, attracting, and retaining business +investment in the United States, and for engaging in trade promotional +activities abroad, including expenses of grants and cooperative +agreements for the purpose of promoting exports of United States firms, +without regard to sections 3702 and 3703 of title 44, United States +Code; full medical coverage for dependent members of immediate families +of employees stationed overseas and employees temporarily posted +overseas; travel and transportation of employees of the International +Trade Administration between two points abroad, without regard to +section 40118 of title 49, United States Code; employment of citizens +of the United States and aliens by contract for services; rental of +space abroad for periods not exceeding 10 years, and expenses of +alteration, repair, or improvement; purchase or construction of +temporary demountable exhibition structures for use abroad; payment of +tort claims, in the manner authorized in the first paragraph of section +2672 of title 28, United States Code, when such claims arise in foreign +countries; not to exceed $294,300 for official representation expenses +abroad; purchase of passenger motor vehicles for official use abroad, +not to exceed $45,000 per vehicle; obtaining insurance on official +motor vehicles; and rental of tie lines, $530,000,000 (reduced by +$2,000,000) (increased by $2,000,000) (increased by $2,000,000) +(reduced by $3,000,000) (increased by $3,000,000), to remain available +until September 30, 2021, of which $11,000,000 is to be derived from +fees to be retained and used by the International Trade Administration, +notwithstanding section 3302 of title 31, United States Code: +Provided, That, of amounts provided under this heading, not less than +$16,400,000 shall be for China antidumping and countervailing duty +enforcement and compliance activities: Provided further, That the +provisions of the first sentence of section 105(f) and all of section +108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 +U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these +activities; and that for the purpose of this Act, contributions under +the provisions of the Mutual Educational and Cultural Exchange Act of +1961 shall include payment for assessments for services provided as +part of these activities. + + Bureau of Industry and Security + + operations and administration + + For necessary expenses for export administration and national +security activities of the Department of Commerce, including costs +associated with the performance of export administration field +activities both domestically and abroad; full medical coverage for +dependent members of immediate families of employees stationed +overseas; employment of citizens of the United States and aliens by +contract for services abroad; payment of tort claims, in the manner +authorized in the first paragraph of section 2672 of title 28, United +States Code, when such claims arise in foreign countries; not to exceed +$13,500 for official representation expenses abroad; awards of +compensation to informers under the Export Control Reform Act of 2018 +(subtitle B of title XVII of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat. +2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the +Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of +passenger motor vehicles for official use and motor vehicles for law +enforcement use with special requirement vehicles eligible for purchase +without regard to any price limitation otherwise established by law, +$127,652,000 (increased by $1,000,000) (reduced by $1,000,000), to +remain available until expended: Provided, That the provisions of the +first sentence of section 105(f) and all of section 108(c) of the +Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) +and 2458(c)) shall apply in carrying out these activities: Provided +further, That payments and contributions collected and accepted for +materials or services provided as part of such activities may be +retained for use in covering the cost of such activities, and for +providing information to the public with respect to the export +administration and national security activities of the Department of +Commerce and other export control programs of the United States and +other governments. + + Economic Development Administration + + economic development assistance programs + + For grants for economic development assistance as provided by the +Public Works and Economic Development Act of 1965, for trade adjustment +assistance, and for grants authorized by sections 27 and 28 of the +Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and +3723), $498,350,000, to remain available until expended, of which +$30,000,000 shall be for grants under such section 27 and $5,000,000 +shall be for grants under such section 28. + + salaries and expenses + + For necessary expenses of administering the economic development +assistance programs as provided for by law, $41,650,000: Provided, +That these funds may be used to monitor projects approved pursuant to +title I of the Public Works Employment Act of 1976, title II of the +Trade Act of 1974, sections 27 and 28 of the Stevenson-Wydler +Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), and the +Community Emergency Drought Relief Act of 1977. + + Minority Business Development Agency + + minority business development + + For necessary expenses of the Department of Commerce in fostering, +promoting, and developing minority business enterprise, including +expenses of grants, contracts, and other agreements with public or +private organizations, $44,000,000. + + Economic and Statistical Analysis + + salaries and expenses + + For necessary expenses, as authorized by law, of economic and +statistical analysis programs of the Department of Commerce, +$107,990,000, to remain available until September 30, 2021. + + Bureau of the Census + + current surveys and programs + + For necessary expenses for collecting, compiling, analyzing, +preparing, and publishing statistics, provided for by law, +$275,000,000: Provided, That, from amounts provided herein, funds may +be used for promotion, outreach, and marketing activities. + + periodic censuses and programs + + (including transfer of funds) + + For necessary expenses for collecting, compiling, analyzing, +preparing, and publishing statistics for periodic censuses and programs +provided for by law, $675,000,000, to remain available until September +30, 2022: Provided, That, from amounts provided herein, funds may be +used for promotion, outreach, and marketing activities: Provided +further, That within the amounts appropriated, $3,556,000 shall be +transferred to the ``Office of Inspector General'' account for +activities associated with carrying out investigations and audits +related to the Bureau of the Census. + In addition to the amounts provided under this heading for the 2020 +Census, $7,500,000,000, to remain available until September 30, 2022, +is new budget authority for the 2020 Census as specified for the +purposes of section 251(b)(2) of the Balanced Budget and Emergency +Deficit Control Act of 1985, as amended, and section 1(g)(1) of H. Res. +293 of the 116th Congress. + + National Telecommunications and Information Administration + + salaries and expenses + + For necessary expenses, as provided for by law, of the National +Telecommunications and Information Administration (NTIA), $42,411,000 +(increased by $1,000,000) (reduced by $1,000,000), to remain available +until September 30, 2021: Provided, That, notwithstanding 31 U.S.C. +1535(d), the Secretary of Commerce shall charge Federal agencies for +costs incurred in spectrum management, analysis, operations, and +related services, and such fees shall be retained and used as +offsetting collections for costs of such spectrum services, to remain +available until expended: Provided further, That the Secretary of +Commerce is authorized to retain and use as offsetting collections all +funds transferred, or previously transferred, from other Government +agencies for all costs incurred in telecommunications research, +engineering, and related activities by the Institute for +Telecommunication Sciences of NTIA, in furtherance of its assigned +functions under this paragraph, and such funds received from other +Government agencies shall remain available until expended. + + public telecommunications facilities, planning and construction + + For the administration of prior-year grants, recoveries and +unobligated balances of funds previously appropriated are available for +the administration of all open grants until their expiration. + + United States Patent and Trademark Office + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the United States Patent and Trademark +Office (USPTO) provided for by law, including defense of suits +instituted against the Under Secretary of Commerce for Intellectual +Property and Director of the USPTO, $3,450,681,000, to remain available +until expended: Provided, That the sum herein appropriated from the +general fund shall be reduced as offsetting collections of fees and +surcharges assessed and collected by the USPTO under any law are +received during fiscal year 2020, so as to result in a fiscal year 2020 +appropriation from the general fund estimated at $0: Provided further, +That during fiscal year 2020, should the total amount of such +offsetting collections be less than $3,450,681,000 this amount shall be +reduced accordingly: Provided further, That any amount received in +excess of $3,450,681,000 in fiscal year 2020 and deposited in the +Patent and Trademark Fee Reserve Fund shall remain available until +expended: Provided further, That the Director of USPTO shall submit a +spending plan to the Committees on Appropriations of the House of +Representatives and the Senate for any amounts made available by the +preceding proviso and such spending plan shall be treated as a +reprogramming under section 505 of this Act and shall not be available +for obligation or expenditure except in compliance with the procedures +set forth in that section: Provided further, That any amounts +reprogrammed in accordance with the preceding proviso shall be +transferred to the United States Patent and Trademark Office ``Salaries +and Expenses'' account: Provided further, That from amounts provided +herein, not to exceed $900 shall be made available in fiscal year 2020 +for official reception and representation expenses: Provided further, +That in fiscal year 2020 from the amounts made available for ``Salaries +and Expenses'' for the USPTO, the amounts necessary to pay (1) the +difference between the percentage of basic pay contributed by the USPTO +and employees under section 8334(a) of title 5, United States Code, and +the normal cost percentage (as defined by section 8331(17) of that +title) as provided by the Office of Personnel Management (OPM) for +USPTO's specific use, of basic pay, of employees subject to subchapter +III of chapter 83 of that title, and (2) the present value of the +otherwise unfunded accruing costs, as determined by OPM for USPTO's +specific use of post-retirement life insurance and post-retirement +health benefits coverage for all USPTO employees who are enrolled in +Federal Employees Health Benefits (FEHB) and Federal Employees Group +Life Insurance (FEGLI), shall be transferred to the Civil Service +Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB +Fund, as appropriate, and shall be available for the authorized +purposes of those accounts: Provided further, That any differences +between the present value factors published in OPM's yearly 300 series +benefit letters and the factors that OPM provides for USPTO's specific +use shall be recognized as an imputed cost on USPTO's financial +statements, where applicable: Provided further, That, notwithstanding +any other provision of law, all fees and surcharges assessed and +collected by USPTO are available for USPTO only pursuant to section +42(c) of title 35, United States Code, as amended by section 22 of the +Leahy-Smith America Invents Act (Public Law 112-29): Provided further, +That within the amounts appropriated, $1,500,000 shall be transferred +to the ``Office of Inspector General'' account for activities +associated with carrying out investigations and audits related to the +USPTO. + + National Institute of Standards and Technology + + scientific and technical research and services + + (including transfer of funds) + + For necessary expenses of the National Institute of Standards and +Technology (NIST), $751,000,000 (reduced by $4,000,000) (increased by +$4,000,000), to remain available until expended, of which not to exceed +$9,000,000 may be transferred to the ``Working Capital Fund'': +Provided, That not to exceed $5,000 shall be for official reception and +representation expenses: Provided further, That NIST may provide local +transportation for summer undergraduate research fellowship program +participants. + + industrial technology services + + For necessary expenses for industrial technology services, +$169,172,000, to remain available until expended, of which $154,000,000 +shall be for the Hollings Manufacturing Extension Partnership, and of +which $15,172,000 shall be for the National Network for Manufacturing +Innovation (also known as ``Manufacturing USA''). + + construction of research facilities + + For construction of new research facilities, including +architectural and engineering design, and for renovation and +maintenance of existing facilities, not otherwise provided for the +National Institute of Standards and Technology, as authorized by +sections 13 through 15 of the National Institute of Standards and +Technology Act (15 U.S.C. 278c-278e), $120,000,000 (increased by +$120,000,000) (reduced by $120,000,000), to remain available until +expended: Provided, That the Secretary of Commerce shall include in +the budget justification materials that the Secretary submits to +Congress in support of the Department of Commerce budget (as submitted +with the budget of the President under section 1105(a) of title 31, +United States Code) an estimate for each National Institute of +Standards and Technology construction project having a total multi-year +program cost of more than $5,000,000, and simultaneously the budget +justification materials shall include an estimate of the budgetary +requirements for each such project for each of the 5 subsequent fiscal +years. + + National Oceanic and Atmospheric Administration + + operations, research, and facilities + + (including transfer of funds) + + For necessary expenses of activities authorized by law for the +National Oceanic and Atmospheric Administration, including maintenance, +operation, and hire of aircraft and vessels; pilot programs for state- +led fisheries management, notwithstanding any other provision of law; +grants, contracts, or other payments to nonprofit organizations for the +purposes of conducting activities pursuant to cooperative agreements; +and relocation of facilities, $3,920,625,000 (reduced by $3,600,000) +(increased by $2,000,000) (reduced by $1,500,000) (increased by +$1,500,000) (increased by $1,500,000), to remain available until +September 30, 2021: Provided, That fees and donations received by the +National Ocean Service for the management of national marine +sanctuaries may be retained and used for the salaries and expenses +associated with those activities, notwithstanding section 3302 of title +31, United States Code: Provided further, That in addition, +$177,782,000 shall be derived by transfer from the fund entitled +``Promote and Develop Fishery Products and Research Pertaining to +American Fisheries'', which shall only be used for the Fisheries +Science and Management program activities: Provided further, That of +the $4,115,907,000 (increased by $2,000,000) (increased by $1,500,000) +provided for in direct obligations under this heading, $3,920,625,000 +(increased by $2,000,000) (increased by $1,500,000) is appropriated +from the general fund, $177,782,000 is provided by transfer, and +$17,500,000 is derived from recoveries of prior year obligations: +Provided further, That any deviation from the amounts designated for +specific activities in the report accompanying this Act, or any use of +deobligated balances of funds provided under this heading in previous +years, shall be subject to the procedures set forth in section 505 of +this Act: Provided further, That in addition, for necessary retired +pay expenses under the Retired Serviceman's Family Protection and +Survivor Benefits Plan, and for payments for the medical care of +retired personnel and their dependents under the Dependents' Medical +Care Act (10 U.S.C. ch. 55), such sums as may be necessary. + + procurement, acquisition, and construction + + (including transfer of funds) + + For procurement, acquisition, and construction of capital assets, +including alteration and modification costs, of the National Oceanic +and Atmospheric Administration, $1,496,000,000 (reduced by $9,000,000) +(increased by $9,000,000), to remain available until September 30, +2022, except that funds provided for acquisition and construction of +vessels and construction of facilities shall remain available until +expended: Provided, That of the $1,509,000,000 provided for in direct +obligations under this heading, $1,496,000,000 is appropriated from the +general fund and $13,000,000 is provided from recoveries of prior year +obligations: Provided further, That any deviation from the amounts +designated for specific activities in the report accompanying this Act, +or any use of deobligated balances of funds provided under this heading +in previous years, shall be subject to the procedures set forth in +section 505 of this Act: Provided further, That the Secretary of +Commerce shall include in budget justification materials that the +Secretary submits to Congress in support of the Department of Commerce +budget (as submitted with the budget of the President under section +1105(a) of title 31, United States Code) an estimate for each National +Oceanic and Atmospheric Administration procurement, acquisition, or +construction project having a total of more than $5,000,000 and +simultaneously the budget justification shall include an estimate of +the budgetary requirements for each such project for each of the 5 +subsequent fiscal years: Provided further, That, within the amounts +appropriated, $1,302,000 shall be transferred to the ``Office of +Inspector General'' account for activities associated with carrying out +investigations and audits related to satellite procurement, +acquisition, and construction. + + pacific coastal salmon recovery + + For necessary expenses associated with the restoration of Pacific +salmon populations, $65,000,000, to remain available until September +30, 2021: Provided, That, of the funds provided herein, the Secretary +of Commerce may issue grants to the States of Washington, Oregon, +Idaho, Nevada, California, and Alaska, and to the Federally recognized +tribes of the Columbia River and Pacific Coast (including Alaska), for +projects necessary for conservation of salmon and steelhead populations +that are listed as threatened or endangered, or that are identified by +a State as at-risk to be so listed, for maintaining populations +necessary for exercise of tribal treaty fishing rights or native +subsistence fishing, or for conservation of Pacific coastal salmon and +steelhead habitat, based on guidelines to be developed by the Secretary +of Commerce: Provided further, That all funds shall be allocated based +on scientific and other merit principles and shall not be available for +marketing activities: Provided further, That funds disbursed to States +shall be subject to a matching requirement of funds or documented in- +kind contributions of at least 33 percent of the Federal funds. + + fishermen's contingency fund + + For carrying out the provisions of title IV of Public Law 95-372, +not to exceed $349,000, to be derived from receipts collected pursuant +to that Act, to remain available until expended. + + fishery disaster assistance + + For the necessary expenses associated with the mitigation of +fishery disasters, $15,000,000, to remain available until expended: +Provided, That funds shall be used for mitigating the effects of +commercial fishery failures and fishery resource disasters as declared +by the Secretary of Commerce. + + fisheries finance program account + + Subject to section 502 of the Congressional Budget Act of 1974, +during fiscal year 2020, obligations of direct loans may not exceed +$24,000,000 for Individual Fishing Quota loans and not to exceed +$100,000,000 for traditional direct loans as authorized by the Merchant +Marine Act of 1936. + + Departmental Management + + salaries and expenses + + For necessary expenses for the management of the Department of +Commerce provided for by law, including not to exceed $4,500 for +official reception and representation, $40,000,000 (reduced by +$2,500,000) (increased by $3,600,000) (reduced by $2,000,000) (reduced +by $2,000,000) (reduced by $914,000): Provided, That of the funds +provided under this heading, $15,000,000 shall be withheld from +obligation until the Secretary updates and resubmits to the Committees +on Appropriations of the House of Representatives and the Senate the +plan for expenditure described in the third proviso under the heading +``Bureau of the Census--Periodic Census and Programs'' in division C of +Public Law 116-6. + + renovation and modernization + + For necessary expenses for the renovation and modernization of +Department of Commerce facilities, $1,100,000, to remain available +until expended. + + office of inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978 (5 +U.S.C. App.), $35,043,000 (increased by $914,000): Provided, That +notwithstanding section 6413(b) of the Middle Class Tax Relief and Job +Creation Act of 2012 (Public Law 112-96), $2,000,000, to remain +available until expended, from the amounts provided under this heading, +shall be derived from the Public Safety Trust Fund for activities +associated with carrying out investigations and audits related to the +First Responder Network Authority (FirstNet). + + General Provisions--Department of Commerce + + Sec. 101. During the current fiscal year, applicable +appropriations and funds made available to the Department of Commerce +by this Act shall be available for the activities specified in the Act +of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner +prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used +for advanced payments not otherwise authorized only upon the +certification of officials designated by the Secretary of Commerce that +such payments are in the public interest. + Sec. 102. During the current fiscal year, appropriations made +available to the Department of Commerce by this Act for salaries and +expenses shall be available for hire of passenger motor vehicles as +authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 +U.S.C. 3109; and uniforms or allowances therefor, as authorized by law +(5 U.S.C. 5901-5902). + Sec. 103. The Secretary of Commerce shall notify the Committees on +Appropriations at least 15 days in advance of the acquisition or +disposal of any capital asset (including land, structures, and +equipment) not specifically provided for in this Act or any other law +appropriating funds to the Department of Commerce. + Sec. 104. The requirements set forth by section 105 of the +Commerce, Justice, Science, and Related Agencies Appropriations Act, +2012 (Public Law 112-55), as amended by section 105 of title I of +division B of Public Law 113-6, are hereby adopted by reference and +made applicable with respect to fiscal year 2020: Provided, That the +life cycle cost for the Joint Polar Satellite System is $11,322,125,000 +and the life cycle cost for the Geostationary Operational Environmental +Satellite R-Series Program is $10,828,059,000. + Sec. 105. Notwithstanding any other provision of law, the +Secretary may furnish services (including but not limited to utilities, +telecommunications, and security services) necessary to support the +operation, maintenance, and improvement of space that persons, firms, +or organizations are authorized, pursuant to the Public Buildings +Cooperative Use Act of 1976 or other authority, to use or occupy in the +Herbert C. Hoover Building, Washington, DC, or other buildings, the +maintenance, operation, and protection of which has been delegated to +the Secretary from the Administrator of General Services pursuant to +the Federal Property and Administrative Services Act of 1949 on a +reimbursable or non-reimbursable basis. Amounts received as +reimbursement for services provided under this section or the authority +under which the use or occupancy of the space is authorized, up to +$100,000, shall be credited to the appropriation or fund which +initially bears the costs of such services. + Sec. 106. Nothing in this title shall be construed to prevent a +grant recipient from deterring child pornography, copyright +infringement, or any other unlawful activity over its networks. + Sec. 107. The Administrator of the National Oceanic and +Atmospheric Administration is authorized to use, with their consent, +with reimbursement and subject to the limits of available +appropriations, the land, services, equipment, personnel, and +facilities of any department, agency, or instrumentality of the United +States, or of any State, local government, Indian tribal government, +Territory, or possession, or of any political subdivision thereof, or +of any foreign government or international organization, for purposes +related to carrying out the responsibilities of any statute +administered by the National Oceanic and Atmospheric Administration. + Sec. 108. The National Technical Information Service shall not +charge any customer for a copy of any report or document generated by +the Legislative Branch unless the Service has provided information to +the customer on how an electronic copy of such report or document may +be accessed and downloaded for free online. Should a customer still +require the Service to provide a printed or digital copy of the report +or document, the charge shall be limited to recovering the Service's +cost of processing, reproducing, and delivering such report or +document. + Sec. 109. To carry out the responsibilities of the National +Oceanic and Atmospheric Administration (NOAA), the Administrator of +NOAA is authorized to: (1) enter into grants and cooperative agreements +with; (2) use on a non-reimbursable basis land, services, equipment, +personnel, and facilities provided by; and (3) receive and expend funds +made available on a consensual basis from: a Federal agency, State or +subdivision thereof, local government, tribal government, Territory, or +possession or any subdivisions thereof: Provided, That funds received +for permitting and related regulatory activities pursuant to this +section shall be deposited under the heading ``National Oceanic and +Atmospheric Administration--Operations, Research, and Facilities'' and +shall remain available until September 30, 2022, for such purposes: +Provided further, That all funds within this section and their +corresponding uses are subject to section 505 of this Act. + Sec. 110. Amounts provided by this Act or by any prior +appropriations Act that remain available for obligation, for necessary +expenses of the programs of the Economics and Statistics Administration +of the Department of Commerce, including amounts provided for programs +of the Bureau of Economic Analysis and the Bureau of the Census, shall +be available for expenses of cooperative agreements with appropriate +entities, including any Federal, State, or local governmental unit, or +institution of higher education, to aid and promote statistical, +research, and methodology activities which further the purposes for +which such amounts have been made available. + Sec. 111. None of the funds made available in this or prior Acts +may be obligated or expended for the travel of personnel within the +Office of the Secretary of Commerce from any account other than the +``Departmental Management--Salaries and Expenses'' account. + This title may be cited as the ``Department of Commerce +Appropriations Act, 2020''. + + TITLE II + + DEPARTMENT OF JUSTICE + + General Administration + + salaries and expenses + + For expenses necessary for the administration of the Department of +Justice, $114,740,000 (reduced by $2,000,000) (reduced by $1,000,000) +(reduced by $5,000,000) (reduced by $1,000,000) (reduced by $1,000,000) +(reduced by $2,500,000) (reduced by $1,000,000) (reduced by $2,000,000) +(reduced by $1,000,000) (reduced by $2,000,000) (reduced by $1,500,000) +(reduced by $1,000,000) (reduced by $2,000,000) (reduced by $2,700,000) +(reduced by $2,000,000) (reduced by $2,000,000) (reduced by $1,500,000) +(reduced by $1,000,000) (reduced by $1,000,000) (reduced by $1,000,000) +(reduced by $500,000) (reduced by $1,000,000), of which not to exceed +$4,000,000 for security and construction of Department of Justice +facilities shall remain available until expended. + + justice information sharing technology + + (including transfer of funds) + + For necessary expenses for information sharing technology, +including planning, development, deployment and departmental direction, +$33,875,000, to remain available until expended: Provided, That the +Attorney General may transfer up to $40,000,000 to this account, from +funds available to the Department of Justice for information +technology, to remain available until expended, for enterprise-wide +information technology initiatives: Provided further, That the +transfer authority in the preceding proviso is in addition to any other +transfer authority contained in this Act: Provided further, That any +transfer pursuant to the first proviso shall be treated as a +reprogramming under section 505 of this Act and shall not be available +for obligation or expenditure except in compliance with the procedures +set forth in that section. + + executive office for immigration review + + (including transfer of funds) + + For expenses necessary for the administration of immigration- +related activities of the Executive Office for Immigration Review, +$672,966,000 (reduced by $1) (increased by $1), of which $4,000,000 +shall be derived by transfer from the Executive Office for Immigration +Review fees deposited in the ``Immigration Examinations Fee'' account, +and of which not less than $25,000,000 shall be available for services +and activities provided by the Legal Orientation Program: Provided, +That not to exceed $35,000,000 of the total amount made available under +this heading shall remain available until expended. + + office of inspector general + + For necessary expenses of the Office of Inspector General, +$105,500,000, including not to exceed $10,000 to meet unforeseen +emergencies of a confidential character: Provided, That not to exceed +$2,000,000 shall remain available until September 30, 2021. + + United States Parole Commission + + salaries and expenses + + For necessary expenses of the United States Parole Commission as +authorized, $13,308,000: Provided, That, notwithstanding any other +provision of law, upon the expiration of a term of office of a +Commissioner, the Commissioner may continue to act until a successor +has been appointed. + + Legal Activities + + salaries and expenses, general legal activities + + For expenses necessary for the legal activities of the Department +of Justice, not otherwise provided for, including not to exceed $20,000 +for expenses of collecting evidence, to be expended under the direction +of, and to be accounted for solely under the certificate of, the +Attorney General; the administration of pardon and clemency petitions; +and rent of private or Government-owned space in the District of +Columbia, $934,600,000 (reduced by $1,000,000) (increased by +$1,000,000) (reduced by $2,000,000) (increased by $2,000,000), of which +not to exceed $20,000,000 for litigation support contracts shall remain +available until expended: Provided, That of the amount provided for +INTERPOL Washington dues payments, not to exceed $685,000 shall remain +available until expended: Provided further, That of the total amount +appropriated, not to exceed $9,000 shall be available to INTERPOL +Washington for official reception and representation expenses: +Provided further, That notwithstanding section 205 of this Act, upon a +determination by the Attorney General that emergent circumstances +require additional funding for litigation activities of the Civil +Division, the Attorney General may transfer such amounts to ``Salaries +and Expenses, General Legal Activities'' from available appropriations +for the current fiscal year for the Department of Justice, as may be +necessary to respond to such circumstances: Provided further, That any +transfer pursuant to the preceding proviso shall be treated as a +reprogramming under section 505 of this Act and shall not be available +for obligation or expenditure except in compliance with the procedures +set forth in that section: Provided further, That of the amount +appropriated, such sums as may be necessary shall be available to the +Civil Rights Division for salaries and expenses associated with the +election monitoring program under section 8 of the Voting Rights Act of +1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel +Management for such salaries and expenses: Provided further, That of +the amounts provided under this heading for the election monitoring +program, $3,390,000 shall remain available until expended: Provided +further, That of the amount appropriated, not less than $197,387,000 +shall be available for the Criminal Division, including related +expenses for the Mutual Legal Assistance Treaty Program. + In addition, for reimbursement of expenses of the Department of +Justice associated with processing cases under the National Childhood +Vaccine Injury Act of 1986, not to exceed $13,000,000, to be +appropriated from the Vaccine Injury Compensation Trust Fund. + + salaries and expenses, antitrust division + + For expenses necessary for the enforcement of antitrust and kindred +laws, $166,755,000, to remain available until expended: Provided, That +notwithstanding any other provision of law, fees collected for +premerger notification filings under the Hart-Scott-Rodino Antitrust +Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of +collection (and estimated to be $141,000,000 in fiscal year 2020), +shall be retained and used for necessary expenses in this +appropriation, and shall remain available until expended: Provided +further, That the sum herein appropriated from the general fund shall +be reduced as such offsetting collections are received during fiscal +year 2020, so as to result in a final fiscal year 2020 appropriation +from the general fund estimated at $25,755,000. + + salaries and expenses, united states attorneys + + For necessary expenses of the Offices of the United States +Attorneys, including inter-governmental and cooperative agreements, +$2,329,800,000: Provided, That of the total amount appropriated, not +to exceed $7,200 shall be available for official reception and +representation expenses: Provided further, That not to exceed +$25,000,000 shall remain available until expended: Provided further, +That each United States Attorney shall establish or participate in a +task force on human trafficking. + + united states trustee system fund + + For necessary expenses of the United States Trustee Program, as +authorized, $227,229,000, to remain available until expended: +Provided, That, notwithstanding any other provision of law, deposits to +the United States Trustee System Fund and amounts herein appropriated +shall be available in such amounts as may be necessary to pay refunds +due depositors: Provided further, That, notwithstanding any other +provision of law, fees deposited into the Fund pursuant to section +589a(b) of title 28, United States Code (as limited by section 1004(b) +of the Bankruptcy Judgeship Act of 2017 (division B of Public Law 115- +72)), shall be retained and used for necessary expenses in this +appropriation and shall remain available until expended: Provided +further, That to the extent that fees deposited into the Fund in fiscal +year 2020, net of amounts necessary to pay refunds due depositors, +exceed $227,229,000, those excess amounts shall be available in future +fiscal years only to the extent provided in advance in appropriations +Acts: Provided further, That the sum herein appropriated from the +general fund shall be reduced: (1) as such fees are received during +fiscal year 2020, net of amounts necessary to pay refunds due +depositors, (estimated at $309,000,000); and (2) to the extent that any +remaining general fund appropriations can be derived from amounts +deposited in the Fund in previous fiscal years that are not otherwise +appropriated, so as to result in a final fiscal year 2020 appropriation +from the general fund estimated at $0. + + salaries and expenses, foreign claims settlement commission + + For expenses necessary to carry out the activities of the Foreign +Claims Settlement Commission, including services as authorized by +section 3109 of title 5, United States Code, $2,335,000. + + fees and expenses of witnesses + + For fees and expenses of witnesses, for expenses of contracts for +the procurement and supervision of expert witnesses, for private +counsel expenses, including advances, and for expenses of foreign +counsel, $270,000,000, to remain available until expended, of which not +to exceed $16,000,000 is for construction of buildings for protected +witness safesites; not to exceed $3,000,000 is for the purchase and +maintenance of armored and other vehicles for witness security +caravans; and not to exceed $18,000,000 is for the purchase, +installation, maintenance, and upgrade of secure telecommunications +equipment and a secure automated information network to store and +retrieve the identities and locations of protected witnesses: +Provided, That amounts made available under this heading may not be +transferred pursuant to section 205 of this Act. + + salaries and expenses, community relations service + + (including transfer of funds) + + For necessary expenses of the Community Relations Service, +$17,000,000: Provided, That notwithstanding section 205 of this Act, +upon a determination by the Attorney General that emergent +circumstances require additional funding for conflict resolution and +violence prevention activities of the Community Relations Service, the +Attorney General may transfer such amounts to the Community Relations +Service, from available appropriations for the current fiscal year for +the Department of Justice, as may be necessary to respond to such +circumstances: Provided further, That any transfer pursuant to the +preceding proviso shall be treated as a reprogramming under section 505 +of this Act and shall not be available for obligation or expenditure +except in compliance with the procedures set forth in that section. + + assets forfeiture fund + + For expenses authorized by subparagraphs (B), (F), and (G) of +section 524(c)(1) of title 28, United States Code, $20,514,000, to be +derived from the Department of Justice Assets Forfeiture Fund. + + United States Marshals Service + + salaries and expenses + + For necessary expenses of the United States Marshals Service, +$1,444,600,000, of which not to exceed $6,000 shall be available for +official reception and representation expenses, and not to exceed +$25,000,000 shall remain available until expended. + + construction + + For construction in space controlled, occupied or utilized by the +United States Marshals Service for prisoner holding and related +support, $15,000,000, to remain available until expended. + + federal prisoner detention + + For necessary expenses related to United States prisoners in the +custody of the United States Marshals Service as authorized by section +4013 of title 18, United States Code, $1,792,461,000 (reduced by +$13,000,000), to remain available until expended: Provided, That not +to exceed $20,000,000 shall be considered ``funds appropriated for +State and local law enforcement assistance'' pursuant to section +4013(b) of title 18, United States Code: Provided further, That the +United States Marshals Service shall be responsible for managing the +Justice Prisoner and Alien Transportation System. + + National Security Division + + salaries and expenses + + (including transfer of funds) + + For expenses necessary to carry out the activities of the National +Security Division, $109,585,000 (increased by $1,000,000), of which not +to exceed $5,000,000 for information technology systems shall remain +available until expended: Provided, That notwithstanding section 205 +of this Act, upon a determination by the Attorney General that emergent +circumstances require additional funding for the activities of the +National Security Division, the Attorney General may transfer such +amounts to this heading from available appropriations for the current +fiscal year for the Department of Justice, as may be necessary to +respond to such circumstances: Provided further, That any transfer +pursuant to the preceding proviso shall be treated as a reprogramming +under section 505 of this Act and shall not be available for obligation +or expenditure except in compliance with the procedures set forth in +that section. + + Interagency Law Enforcement + + interagency crime and drug enforcement + + For necessary expenses for the identification, investigation, and +prosecution of individuals associated with the most significant drug +trafficking organizations, transnational organized crime, and money +laundering organizations not otherwise provided for, to include inter- +governmental agreements with State and local law enforcement agencies +engaged in the investigation and prosecution of individuals involved in +transnational organized crime and drug trafficking, $570,000,000, of +which $50,000,000 shall remain available until expended: Provided, +That any amounts obligated from appropriations under this heading may +be used under authorities available to the organizations reimbursed +from this appropriation. + + Federal Bureau of Investigation + + salaries and expenses + + For necessary expenses of the Federal Bureau of Investigation for +detection, investigation, and prosecution of crimes against the United +States, $9,455,928,000, of which not to exceed $216,000,000 shall +remain available until expended: Provided, That not to exceed $184,500 +shall be available for official reception and representation expenses. + + construction + + For necessary expenses, to include the cost of equipment, +furniture, and information technology requirements, related to +construction or acquisition of buildings, facilities and sites by +purchase, or as otherwise authorized by law; conversion, modification +and extension of federally owned buildings; preliminary planning and +design of projects; and operation and maintenance of secure work +environment facilities and secure networking capabilities; $51,895,000, +to remain available until expended. + + Drug Enforcement Administration + + salaries and expenses + + For necessary expenses of the Drug Enforcement Administration, +including not to exceed $70,000 to meet unforeseen emergencies of a +confidential character pursuant to section 530C of title 28, United +States Code; and expenses for conducting drug education and training +programs, including travel and related expenses for participants in +such programs and the distribution of items of token value that promote +the goals of such programs, $2,356,858,000 (reduced by $5,000,000), of +which not to exceed $75,000,000 shall remain available until expended +and not to exceed $90,000 shall be available for official reception and +representation expenses. + + Bureau of Alcohol, Tobacco, Firearms and Explosives + + salaries and expenses + + For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms +and Explosives, for training of State and local law enforcement +agencies with or without reimbursement, including training in +connection with the training and acquisition of canines for explosives +and fire accelerants detection; and for provision of laboratory +assistance to State and local law enforcement agencies, with or without +reimbursement, $1,439,000,000, of which not to exceed $36,000 shall be +for official reception and representation expenses, not to exceed +$1,000,000 shall be available for the payment of attorneys' fees as +provided by section 924(d)(2) of title 18, United States Code, and not +to exceed $25,000,000 shall remain available until expended: Provided, +That none of the funds appropriated herein shall be available to +investigate or act upon applications for relief from Federal firearms +disabilities under section 925(c) of title 18, United States Code: +Provided further, That such funds shall be available to investigate and +act upon applications filed by corporations for relief from Federal +firearms disabilities under section 925(c) of title 18, United States +Code: Provided further, That no funds made available by this or any +other Act may be used to transfer the functions, missions, or +activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives +to other agencies or Departments. + + Federal Prison System + + salaries and expenses + + (including transfer of funds) + + For necessary expenses of the Federal Prison System for the +administration, operation, and maintenance of Federal penal and +correctional institutions, and for the provision of technical +assistance and advice on corrections related issues to foreign +governments, $7,325,000,000 (reduced by $1) (increased by $1) +(increased by $2,000,000) (reduced by $2,000,000) (reduced by +$1,000,000) (increased by $1,000,000): Provided, That the Attorney +General may transfer to the Department of Health and Human Services +such amounts as may be necessary for direct expenditures by that +Department for medical relief for inmates of Federal penal and +correctional institutions: Provided further, That the Director of the +Federal Prison System, where necessary, may enter into contracts with a +fiscal agent or fiscal intermediary claims processor to determine the +amounts payable to persons who, on behalf of the Federal Prison System, +furnish health services to individuals committed to the custody of the +Federal Prison System: Provided further, That not to exceed $5,400 +shall be available for official reception and representation expenses: +Provided further, That not to exceed $50,000,000 shall remain available +for necessary operations until September 30, 2021: Provided further, +That, of the amounts provided for contract confinement, not to exceed +$20,000,000 shall remain available until expended to make payments in +advance for grants, contracts and reimbursable agreements, and other +expenses: Provided further, That the Director of the Federal Prison +System may accept donated property and services relating to the +operation of the prison card program from a not-for-profit entity which +has operated such program in the past, notwithstanding the fact that +such not-for-profit entity furnishes services under contracts to the +Federal Prison System relating to the operation of pre-release +services, halfway houses, or other custodial facilities. + + buildings and facilities + + For planning, acquisition of sites, and construction of new +facilities; purchase and acquisition of facilities and remodeling, and +equipping of such facilities for penal and correctional use, including +all necessary expenses incident thereto, by contract or force account; +and constructing, remodeling, and equipping necessary buildings and +facilities at existing penal and correctional institutions, including +all necessary expenses incident thereto, by contract or force account, +$150,000,000, to remain available until expended: Provided, That labor +of United States prisoners may be used for work performed under this +appropriation. + + federal prison industries, incorporated + + The Federal Prison Industries, Incorporated, is hereby authorized +to make such expenditures within the limits of funds and borrowing +authority available, and in accord with the law, and to make such +contracts and commitments without regard to fiscal year limitations as +provided by section 9104 of title 31, United States Code, as may be +necessary in carrying out the program set forth in the budget for the +current fiscal year for such corporation. + + limitation on administrative expenses, federal prison industries, + incorporated + + Not to exceed $2,700,000 of the funds of the Federal Prison +Industries, Incorporated, shall be available for its administrative +expenses, and for services as authorized by section 3109 of title 5, +United States Code, to be computed on an accrual basis to be determined +in accordance with the corporation's current prescribed accounting +system, and such amounts shall be exclusive of depreciation, payment of +claims, and expenditures which such accounting system requires to be +capitalized or charged to cost of commodities acquired or produced, +including selling and shipping expenses, and expenses in connection +with acquisition, construction, operation, maintenance, improvement, +protection, or disposition of facilities and other property belonging +to the corporation or in which it has an interest. + + State and Local Law Enforcement Activities + + Office on Violence Against Women + + violence against women prevention and prosecution programs + + (including transfer of funds) + + For grants, contracts, cooperative agreements, and other assistance +for the prevention and prosecution of violence against women, as +authorized by the Omnibus Crime Control and Safe Streets Act of 1968 +(34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control +and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 +Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) +(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end +the Exploitation of Children Today Act of 2003 (Public Law 108-21); the +Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. +11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and +Violence Protection Act of 2000 (Public Law 106-386) (``the 2000 +Act''); the Violence Against Women and Department of Justice +Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); +the Violence Against Women Reauthorization Act of 2013 (Public Law 113- +4) (``the 2013 Act''); and the Rape Survivor Child Custody Act of 2015 +(Public Law 114-22) (``the 2015 Act''); and for related victims +services, $582,500,000 (increased by $5,000,000) (increased by +$2,000,000) (increased by $2,000,000) (increased by $1,000,000) +(reduced by $1,000,000) (increased by $1,000,000), to remain available +until expended, which shall be derived by transfer from amounts +available for obligation in this Act from the Fund established by +section 1402 of chapter XIV of title II of Public Law 98-473 (34 U.S.C. +20101), notwithstanding section 1402(d) of such Act of 1984, and merged +with the amounts otherwise made available under this heading: +Provided, That except as otherwise provided by law, not to exceed 5 +percent of funds made available under this heading may be used for +expenses related to evaluation, training, and technical assistance: +Provided further, That of the amount provided-- + (1) $222,000,000 is for grants to combat violence against + women, as authorized by part T of the 1968 Act; + (2) $41,000,000 (increased by $1,000,000) is for + transitional housing assistance grants for victims of domestic + violence, dating violence, stalking, or sexual assault as + authorized by section 40299 of the 1994 Act; + (3) $3,000,000 is for the National Institute of Justice and + the Bureau of Justice Statistics for research, evaluation, and + statistics of violence against women and related issues + addressed by grant programs of the Office on Violence Against + Women, which shall be transferred to ``Research, Evaluation and + Statistics'' for administration by the Office of Justice + Programs; + (4) $20,000,000 (reduced by $2,000,000) (increased by + $2,000,000) is for a grant program to provide services to + advocate for and respond to youth victims of domestic violence, + dating violence, sexual assault, and stalking; assistance to + children and youth exposed to such violence; programs to engage + men and youth in preventing such violence; and assistance to + middle and high school students through education and other + services related to such violence: Provided, That unobligated + balances available for the programs authorized by sections + 41201, 41204, 41303, and 41305 of the 1994 Act, prior to its + amendment by the 2013 Act, shall be available for this program: + Provided further, That 10 percent of the total amount + available for this grant program shall be available for grants + under the program authorized by section 2015 of the 1968 Act: + Provided further, That the definitions and grant conditions in + section 40002 of the 1994 Act shall apply to this program; + (5) $62,000,000 is for grants to encourage arrest policies + as authorized by part U of the 1968 Act, of which $4,000,000 is + for a homicide reduction initiative; + (6) $50,000,000 is for sexual assault victims assistance, + as authorized by section 41601 of the 1994 Act; + (7) $50,000,000 is for rural domestic violence and child + abuse enforcement assistance grants, as authorized by section + 40295 of the 1994 Act; + (8) $26,000,000 is for grants to reduce violent crimes + against women on campus, as authorized by section 304 of the + 2005 Act; + (9) $57,000,000 (increased by $2,000,000) is for legal + assistance for victims, as authorized by section 1201 of the + 2000 Act; + (10) $9,000,000 is for enhanced training and services to + end violence against and abuse of women in later life, as + authorized by section 40801 of the 1994 Act; + (11) $22,000,000 is for grants to support families in the + justice system, as authorized by section 1301 of the 2000 Act: + Provided, That unobligated balances available for the programs + authorized by section 1301 of the 2000 Act and section 41002 of + the 1994 Act, prior to their amendment by the 2013 Act, shall + be available for this program; + (12) $9,000,000 is for education and training to end + violence against and abuse of women with disabilities, as + authorized by section 1402 of the 2000 Act; + (13) $1,000,000 is for the National Resource Center on + Workplace Responses to assist victims of domestic violence, as + authorized by section 41501 of the 1994 Act; + (14) $1,000,000 is for analysis and research on violence + against Indian women, including as authorized by section 904 of + the 2005 Act: Provided, That such funds may be transferred to + ``Research, Evaluation and Statistics'' for administration by + the Office of Justice Programs; + (15) $1,000,000 is for a national clearinghouse that + provides training and technical assistance on issues relating + to sexual assault of American Indian and Alaska Native women; + (16) $5,000,000 (increased by $5,000,000) is for grants to + assist tribal governments in exercising special domestic + violence criminal jurisdiction, as authorized by section 904 of + the 2013 Act: Provided, That the grant conditions in section + 40002(b) of the 1994 Act shall apply to this program; and + (17) $3,500,000 is for the purposes authorized under the + 2015 Act. + + Office of Justice Programs + + research, evaluation and statistics + + For grants, contracts, cooperative agreements, and other assistance +authorized by title I of the Omnibus Crime Control and Safe Streets Act +of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency +Prevention Act of 1974 (``the 1974 Act''); the Missing Children's +Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies +and Other Tools to end the Exploitation of Children Today Act of 2003 +(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108- +405); the Violence Against Women and Department of Justice +Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); +the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second +Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of +1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety +Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT +Our Children Act of 2008 (Public Law 110-401); subtitle D of title II +of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 +Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110- +180); the Violence Against Women Reauthorization Act of 2013 (Public +Law 113-4) (``the 2013 Act''); and other programs, $80,000,000 +(increased by $2,000,000), to remain available until expended, of +which-- + (1) $43,000,000 is for criminal justice statistics + programs, and other activities, as authorized by part C of + title I of the 1968 Act, of which $5,000,000 is for a + nationwide incident-based crime statistics program; and + (2) $37,000,000 (increased by $2,000,000) is for research, + development, and evaluation programs, and other activities as + authorized by part B of title I of the 1968 Act and subtitle D + of title II of the 2002 Act, of which $5,000,000 is for + research targeted toward developing a better understanding of + the domestic radicalization phenomenon, and advancing evidence- + based strategies for effective intervention and prevention; + $1,000,000 (increased by $1,000,000) is for research to study + the root causes of school violence to include the impact and + effectiveness of grants made under the STOP School Violence + Act; $1,000,000 is for a study to better protect children + against online predatory behavior as part of the National + Juvenile Online Victimization Studies (N-JOVS); $3,000,000 + (increased by $2,000,000) is for a national center for + restorative justice; and $3,000,000 is for corrections-related + research, and $1,500,000 is for expenses (including research + and evaluation) associated with the National Institute of + Justice's implementation of the First Step Act of 2018 (Public + Law 115-391). + + state and local law enforcement assistance + + (including transfer of funds) + + For grants, contracts, cooperative agreements, and other assistance +authorized by the Violent Crime Control and Law Enforcement Act of 1994 +(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and +Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of +2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 +(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims +Protection Reauthorization Act of 2005 (Public Law 109-164); the +Violence Against Women and Department of Justice Reauthorization Act of +2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child +Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam +Walsh Act''); the Victims of Trafficking and Violence Protection Act of +2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007 +(Public Law 110-180); subtitle D of title II of the Homeland Security +Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance +Act of 2007 (Public Law 110-199); the Prioritizing Resources and +Organization for Intellectual Property Act of 2008 (Public Law 110- +403); the Victims of Crime Act of 1984 (Public Law 98-473); the +Mentally Ill Offender Treatment and Crime Reduction Reauthorization and +Improvement Act of 2008 (Public Law 110-416); the Violence Against +Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 +Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public +Law 114-198) (``CARA''); the Justice for All Reauthorization Act of +2016 (Public Law 114-324); Kevin and Avonte's Law (division Q of Public +Law 115-141) (``Kevin and Avonte's Law''); the Keep Young Athletes Safe +Act of 2018 (title III of division S of Public Law 115-141) (``the Keep +Young Athletes Safe Act''); the STOP School Violence Act of 2018 (title +V of division S of Public Law 115-141) (``the STOP School Violence +Act''); the Fix NICS Act of 2018 (title VI of division S of Public Law +115-141); the Project Safe Neighborhoods Grant Program Authorization +Act of 2018 (Public Law 115-185); and the SUPPORT for Patients and +Communities Act (Public Law 115-271); and other programs, +$1,933,000,000 (increased by $2,500,000) (increased by $5,000,000) +(increased by $1,000,000) (increased by $2,500,000) (increased by +$1,000,000) (increased by $2,000,000) (increased by $1,500,000) +(increased by $2,000,000) (increased by $5,000,000) (reduced by +$5,000,000) (reduced by $15,000,000) (increased by $15,000,000) +(increased by $2,000,000) (increased by $1,000,000) (increased by +$5,000,000) (increased by $500,000) (increased by $1,000,000), to +remain available until expended as follows-- + (1) $530,250,000 (increased by $1,000,000) for the Edward + Byrne Memorial Justice Assistance Grant program as authorized + by subpart 1 of part E of title I of the 1968 Act (except that + section 1001(c), and the special rules for Puerto Rico under + section 505(g) of title I of the 1968 Act shall not apply for + purposes of this Act), of which, notwithstanding such subpart + 1, $15,000,000 is for the Officer Robert Wilson III Memorial + Initiative on Preventing Violence Against Law Enforcement + Officer Resilience and Survivability (VALOR), $7,500,000 is for + an initiative to support evidence-based policing, $10,000,000 + (increased by $1,000,000) is for an initiative to enhance + prosecutorial decision-making, $3,600,000 is for the + operationalization, maintenance and expansion of the National + Missing and Unidentified Persons System, $2,500,000 (reduced by + $2,500,000) (increased by $2,500,000) is for an academic based + training initiative to improve police-based responses to people + with mental illness or developmental disabilities, $2,000,000 + (increased by $2,000,000) is for a student loan repayment + assistance program pursuant to section 952 of Public Law 110- + 315, $15,500,000 is for prison rape prevention and prosecution + grants to States and units of local government, and other + programs, as authorized by the Prison Rape Elimination Act of + 2003 (Public Law 108-79), $2,000,000 is for a grant program + authorized by Kevin and Avonte's Law, $3,000,000 is for a + regional law enforcement technology initiative, $7,000,000 is + for the Capital Litigation Improvement Grant Program, as + authorized by section 426 of Public Law 108-405, and for grants + for wrongful conviction review, $2,000,000 is for emergency law + enforcement assistance for events occurring during or after + fiscal year 2020, as authorized by section 609M of the Justice + Assistance Act of 1984 (34 U.S.C. 50101), $2,000,000 is for + grants to States and units of local government to deploy + managed access systems to combat contraband cell phone use in + prison, $4,000,000 is for a program to improve juvenile + indigent defense, $100,000,000 is for grants for law + enforcement activities associated with the presidential + nominating conventions, $20,000,000 is for grants authorized + under the Project Safe Neighborhoods Grant Program + Authorization Act of 2018 (Public Law 115-185), and $8,000,000 + (increased by $2,000,000) is for community-based violence + prevention initiatives; + (2) $260,000,000 for the State Criminal Alien Assistance + Program, as authorized by section 241(i)(5) of the Immigration + and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no + jurisdiction shall request compensation for any cost greater + than the actual cost for Federal immigration and other + detainees housed in State and local detention facilities; + (3) $100,000,000 for victim services programs for victims + of trafficking, as authorized by section 107(b)(2) of Public + Law 106-386, for programs authorized under Public Law 109-164, + or programs authorized under Public Law 113-4; + (4) $14,000,000 for economic, high technology, white + collar, and Internet crime prevention grants, including as + authorized by section 401 of Public Law 110-403, of which + $2,500,000 is for competitive grants that help State and local + law enforcement tackle intellectual property thefts, and + $2,000,000 for a competitive grant program for training + students in computer forensics and digital investigation; + (5) $20,000,000 for sex offender management assistance, as + authorized by the Adam Walsh Act, and related activities; + (6) $25,000,000 (increased by $5,000,000) for the matching + grant program for law enforcement armor vests, as authorized by + section 2501 of title I of the 1968 Act: Provided, That + $1,500,000 is transferred directly to the National Institute of + Standards and Technology's Office of Law Enforcement Standards + for research, testing and evaluation programs; + (7) $1,000,000 (increased by $1,000,000) for the National + Sex Offender Public Website; + (8) $80,000,000 (increased by $5,000,000) (reduced by + $5,000,000) for grants to States to upgrade criminal and mental + health records for the National Instant Criminal Background + Check System, of which no less than $27,500,000 shall be for + grants made under the authorities of the NICS Improvement + Amendments Act of 2007 (Public Law 110-180) and Fix NICS Act of + 2018; + (9) $30,000,000 for Paul Coverdell Forensic Sciences + Improvement Grants under part BB of title I of the 1968 Act; + (10) $142,000,000 (increased by $2,000,000) for DNA-related + and forensic programs and activities, of which-- + (A) $100,000,000 (increased by $2,000,000) is for + the purposes authorized under section 2 of the DNA + Analysis Backlog Elimination Act of 2000 (Public Law + 106-546) (the Debbie Smith DNA Backlog Grant Program): + Provided, That up to 4 percent of funds made available + under this paragraph may be used for the purposes + described in the DNA Training and Education for Law + Enforcement, Correctional Personnel, and Court Officers + program (Public Law 108-405, section 303); + (B) $30,000,000 for other local, State, and Federal + forensic activities; + (C) $8,000,000 is for the purposes described in the + Kirk Bloodsworth Post-Conviction DNA Testing Grant + Program (Public Law 108-405, section 412); and + (D) $4,000,000 is for Sexual Assault Forensic Exam + Program grants, including as authorized by section 304 + of Public Law 108-405; + (11) $49,000,000 (increased by $1,000,000) for a grant + program for community-based sexual assault response reform; + (12) $12,000,000 (increased by $500,000) for the court- + appointed special advocate program, as authorized by section + 217 of the 1990 Act; + (13) $106,500,000 for offender reentry programs and + research, as authorized by the Second Chance Act of 2007 + (Public Law 110-199), without regard to the time limitations + specified at section 6(1) of such Act, of which not to exceed + $6,000,000 is for a program to improve State, local, and tribal + probation or parole supervision efforts and strategies, + $5,000,000 (increased by $3,000,000) is for Children of + Incarcerated Parents Demonstrations to enhance and maintain + parental and family relationships for incarcerated parents as a + reentry or recidivism reduction strategy, and $4,000,000 is for + additional replication sites employing the Project HOPE + Opportunity Probation with Enforcement model implementing swift + and certain sanctions in probation, and for a research project + on the effectiveness of the model: Provided, That up to + $7,500,000 of funds made available in this paragraph may be + used for performance-based awards for Pay for Success projects, + of which up to $5,000,000 (reduced by $4,000,000) (increased by + $4,000,000) shall be for Pay for Success programs implementing + the Permanent Supportive Housing Model; + (14) $80,000,000 (increased by $2,500,000) for initiatives + to improve police-community relations, of which $25,000,000 + (increased by $2,500,000) is for a competitive matching grant + program for purchases of body-worn cameras for State, local and + Tribal law enforcement, $35,000,000 is for a justice + reinvestment initiative, for activities related to criminal + justice reform and recidivism reduction, and $20,000,000 is for + an Edward Byrne Memorial criminal justice innovation program; + (15) $375,000,000 (increased by $2,000,000) (increased by + $1,500,000) (increased by $2,000,000) (increased by $1,000,000) + (increased by $5,000,000) for comprehensive opioid abuse + reduction activities, including as authorized by CARA, and for + the following programs, which shall address opioid abuse + reduction consistent with underlying program authorities-- + (A) $83,000,000 for Drug Courts, as authorized by + section 1001(a)(25)(A) of title I of the 1968 Act; + (B) $35,000,000 (increased by $1,500,000) for + mental health courts and adult and juvenile + collaboration program grants, as authorized by parts V + and HH of title I of the 1968 Act, and the Mentally Ill + Offender Treatment and Crime Reduction Reauthorization + and Improvement Act of 2008 (Public Law 110-416); + (C) $33,000,000 for grants for Residential + Substance Abuse Treatment for State Prisoners, as + authorized by part S of title I of the 1968 Act; + (D) $25,000,000 (increased by $2,000,000) + (increased by $1,000,000) for a veterans treatment + courts program; + (E) $30,000,000 for a program to monitor + prescription drugs and scheduled listed chemical + products; + (F) $159,000,000 (increased by $2,000,000) + (increased by $5,000,000) for a comprehensive opioid + abuse program; and + (G) $10,000,000 is for law enforcement assisted + diversion program grants; + (16) $2,500,000 (increased by $2,500,000) for a competitive + grant program authorized by the Keep Young Athletes Safe Act; + (17) $93,750,000 for grants to be administered by the + Bureau of Justice Assistance including for purposes authorized + under the STOP School Violence Act, of which $2,000,000 is for + a center for campus safety; + (18) $10,000,000 for a competitive grant pilot program for + qualified nonprofit organizations to provide legal + representation to immigrants arriving at the southwest border + seeking asylum and other forms of legal protection in the + United States; and + (19) $2,000,000 for grants to state and local law + enforcement agencies for the expenses associated with the + investigation and prosecution of criminal offenses, involving + civil rights, authorized by the Emmett Till Unsolved Civil + Rights Crimes Reauthorization Act of 2016 (Public Law 114-325). + + juvenile justice programs + + For grants, contracts, cooperative agreements, and other assistance +authorized by the Juvenile Justice and Delinquency Prevention Act of +1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act +of 1968 (``the 1968 Act''); the Violence Against Women and Department +of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 +Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et +seq.); the Prosecutorial Remedies and Other Tools to end the +Exploitation of Children Today Act of 2003 (Public Law 108-21); the +Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 +Act''); the Adam Walsh Child Protection and Safety Act of 2006 (Public +Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of +2008 (Public Law 110-401); the Violence Against Women Reauthorization +Act of 2013 (Public Law 113-4) (``the 2013 Act''); the Justice for All +Reauthorization Act of 2016 (Public Law 114-324); and other juvenile +justice programs, $341,500,000 (increased by $2,000,000) (increased by +$1,000,000) (increased by $1,000,000) (increased by $2,000,000) +(increased by $13,000,000), to remain available until expended as +follows-- + (1) $65,000,000 (increased by $1,000,000) for programs + authorized by section 221 of the 1974 Act, and for training and + technical assistance to assist small, nonprofit organizations + with the Federal grants process: Provided, That of the amounts + provided under this paragraph, $500,000 shall be for a + competitive demonstration grant program to support emergency + planning among State, local and tribal juvenile justice + residential facilities; + (2) $100,000,000 for youth mentoring grants; + (3) $49,500,000 (increased by $1,000,000) (increased by + $1,000,000) (increased by $13,000,000) for delinquency + prevention, as authorized by section 505 of the 1974 Act, of + which, pursuant to sections 261 and 262 thereof-- + (A) $5,000,000 (increased by $1,000,000) shall be + for grants to prevent trafficking of girls; + (B) $7,500,000 shall be for the Tribal Youth + Program; + (C) $500,000 shall be for an Internet site + providing information and resources on children of + incarcerated parents; + (D) $2,000,000 shall be for competitive grants + focusing on girls in the juvenile justice system; + (E) $9,000,000 shall be for an opioid-affected + youth initiative; + (F) $8,000,000 shall be for an initiative relating + to children exposed to violence; and + (4) $28,000,000 (increased by $2,000,000) for programs + authorized by the Victims of Child Abuse Act of 1990; + (5) $85,000,000 for missing and exploited children + programs, including as authorized by sections 404(b) and 405(a) + of the 1974 Act (except that section 102(b)(4)(B) of the + PROTECT Our Children Act of 2008 (Public Law 110-401) shall not + apply for purposes of this Act); + (6) $4,000,000 for child abuse training programs for + judicial personnel and practitioners, as authorized by section + 222 of the 1990 Act; and + (7) $10,000,000 for the Juvenile Accountability Block + Grants program as authorized by part R of title I of the 1968 + Act and Guam shall be considered a State. + + public safety officer benefits + + (including transfer of funds) + + For payments and expenses authorized under section 1001(a)(4) of +title I of the Omnibus Crime Control and Safe Streets Act of 1968, such +sums as are necessary (including amounts for administrative costs), to +remain available until expended; and $24,800,000 for payments +authorized by section 1201(b) of such Act and for educational +assistance authorized by section 1218 of such Act, to remain available +until expended: Provided, That notwithstanding section 205 of this Act, +upon a determination by the Attorney General that emergent +circumstances require additional funding for such disability and +education payments, the Attorney General may transfer such amounts to +``Public Safety Officer Benefits'' from available appropriations for +the Department of Justice as may be necessary to respond to such +circumstances: Provided further, That any transfer pursuant to the +preceding proviso shall be treated as a reprogramming under section 505 +of this Act and shall not be available for obligation or expenditure +except in compliance with the procedures set forth in that section. + + Community Oriented Policing Services + + community oriented policing services programs + + (including transfer of funds) + + For activities authorized by the Violent Crime Control and Law +Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control +and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against +Women and Department of Justice Reauthorization Act of 2005 (Public Law +109-162) (``the 2005 Act''); and the SUPPORT for Patients and +Communities Act (Public Law 115-271), $323,000,000 (increased by +$2,700,000), to remain available until expended: Provided, That any +balances made available through prior year deobligations shall only be +available in accordance with section 505 of this Act: Provided +further, That of the amount provided under this heading-- + (1) $239,750,000 (increased by $2,700,000) is for grants + under section 1701 of title I of the 1968 Act (34 U.S.C. 10381) + for the hiring and rehiring of additional career law + enforcement officers under part Q of such title notwithstanding + subsection (i) of such section: Provided, That, + notwithstanding section 1704(c) of such title (34 U.S.C. + 10384(c)), funding for hiring or rehiring a career law + enforcement officer may not exceed $125,000 unless the Director + of the Office of Community Oriented Policing Services grants a + waiver from this limitation: Provided further, That of the + amounts appropriated under this paragraph, $6,500,000 is for + community policing development activities in furtherance of the + purposes in section 1701: Provided further, That of the + amounts appropriated under this paragraph $38,000,000 + (increased by $2,700,000) is for regional information sharing + activities, as authorized by part M of title I of the 1968 Act, + which shall be transferred to and merged with ``Research, + Evaluation, and Statistics'' for administration by the Office + of Justice Programs: Provided further, That within the amounts + appropriated under this paragraph, no less than $3,000,000 is + to support the Tribal Access Program: Provided further, That + within the amounts appropriated under this paragraph, + $2,000,000 (increased by $2,000,000) is for training, peer + mentoring, and mental health program activities as authorized + under the Law Enforcement Mental Health and Wellness Act + (Public Law 115-113); + (2) $12,000,000 is for activities authorized by the POLICE + Act of 2016 (Public Law 114-199); + (3) $8,000,000 is for competitive grants to State law + enforcement agencies in States with high seizures of precursor + chemicals, finished methamphetamine, laboratories, and + laboratory dump seizures: Provided, That funds appropriated + under this paragraph shall be utilized for investigative + purposes to locate or investigate illicit activities, including + precursor diversion, laboratories, or methamphetamine + traffickers; + (4) $32,000,000 is for competitive grants to statewide law + enforcement agencies in States with high rates of primary + treatment admissions for heroin and other opioids: Provided, + That these funds shall be utilized for investigative purposes + to locate or investigate illicit activities, including + activities related to the distribution of heroin or unlawful + distribution of prescription opioids, or unlawful heroin and + prescription opioid traffickers through statewide + collaboration; and + (5) $31,250,000 is for competitive grants to be + administered by the Community Oriented Policing Services Office + for purposes authorized under the STOP School Violence Act + (title V of division S of Public Law 115-141). + + General Provisions--Department of Justice + + (including transfer of funds) + + Sec. 201. In addition to amounts otherwise made available in this +title for official reception and representation expenses, a total of +not to exceed $50,000 from funds appropriated to the Department of +Justice in this title shall be available to the Attorney General for +official reception and representation expenses. + Sec. 202. None of the funds appropriated by this title shall be +available to pay for an abortion, except where the life of the mother +would be endangered if the fetus were carried to term, or in the case +of rape or incest: Provided, That should this prohibition be declared +unconstitutional by a court of competent jurisdiction, this section +shall be null and void. + Sec. 203. None of the funds appropriated under this title shall be +used to require any person to perform, or facilitate in any way the +performance of, any abortion. + Sec. 204. Nothing in the preceding section shall remove the +obligation of the Director of the Bureau of Prisons to provide escort +services necessary for a female inmate to receive such service outside +the Federal facility: Provided, That nothing in this section in any +way diminishes the effect of section 203 intended to address the +philosophical beliefs of individual employees of the Bureau of Prisons. + Sec. 205. Not to exceed 5 percent of any appropriation made +available for the current fiscal year for the Department of Justice in +this Act may be transferred between such appropriations, but no such +appropriation, except as otherwise specifically provided, shall be +increased by more than 10 percent by any such transfers: Provided, +That any transfer pursuant to this section shall be treated as a +reprogramming of funds under section 505 of this Act and shall not be +available for obligation except in compliance with the procedures set +forth in that section. + Sec. 206. None of the funds made available under this title may be +used by the Federal Bureau of Prisons or the United States Marshals +Service for the purpose of transporting an individual who is a prisoner +pursuant to conviction for crime under State or Federal law and is +classified as a maximum or high security prisoner, other than to a +prison or other facility certified by the Federal Bureau of Prisons as +appropriately secure for housing such a prisoner. + Sec. 207. (a) None of the funds appropriated by this Act may be +used by Federal prisons to purchase cable television services, or to +rent or purchase audiovisual or electronic media or equipment used +primarily for recreational purposes. + (b) Subsection (a) does not preclude the rental, maintenance, or +purchase of audiovisual or electronic media or equipment for inmate +training, religious, or educational programs. + Sec. 208. None of the funds made available under this title shall +be obligated or expended for any new or enhanced information technology +program having total estimated development costs in excess of +$100,000,000, unless the Deputy Attorney General and the investment +review board certify to the Committees on Appropriations of the House +of Representatives and the Senate that the information technology +program has appropriate program management controls and contractor +oversight mechanisms in place, and that the program is compatible with +the enterprise architecture of the Department of Justice. + Sec. 209. The notification thresholds and procedures set forth in +section 505 of this Act shall apply to deviations from the amounts +designated for specific activities in this Act and in the report +accompanying this Act, and to any use of deobligated balances of funds +provided under this title in previous years. + Sec. 210. None of the funds appropriated by this Act may be used +to plan for, begin, continue, finish, process, or approve a public- +private competition under the Office of Management and Budget Circular +A-76 or any successor administrative regulation, directive, or policy +for work performed by employees of the Bureau of Prisons or of Federal +Prison Industries, Incorporated. + Sec. 211. Notwithstanding any other provision of law, no funds +shall be available for the salary, benefits, or expenses of any United +States Attorney assigned dual or additional responsibilities by the +Attorney General or his designee that exempt that United States +Attorney from the residency requirements of section 545 of title 28, +United States Code. + Sec. 212. At the discretion of the Attorney General, and in +addition to any amounts that otherwise may be available (or authorized +to be made available) by law, with respect to funds appropriated by +this title under the headings ``Research, Evaluation and Statistics'', +``State and Local Law Enforcement Assistance'', and ``Juvenile Justice +Programs''or otherwise appropriated or transferred under this Act for +administration by the Office of Justice Programs-- + (1) up to 3 percent of funds made available to the Office + of Justice Programs for grant or reimbursement programs may be + used by such Office to provide training and technical + assistance; + (2) up to 3 percent of funds made available for grant or + reimbursement programs under such headings, except for amounts + appropriated specifically for research, evaluation, or + statistical programs administered by the National Institute of + Justice and the Bureau of Justice Statistics, shall be + transferred to and merged with funds provided to the National + Institute of Justice and the Bureau of Justice Statistics, to + be used by them for research, evaluation, or statistical + purposes, without regard to the authorizations for such grant + or reimbursement programs; and + (3) up to 7 percent of funds made available for grant or + reimbursement programs may be transferred to and merged with + funds under the heading ``State and Local Law Enforcement + Assistance'', for assistance to Indian tribes, without regard + to the authorizations for such grant or reimbursement programs. + Sec. 213. Upon request by a grantee for whom the Attorney General +has determined there is a fiscal hardship, the Attorney General may, +with respect to funds appropriated in this or any other Act making +appropriations for fiscal years 2017 through 2020 for the following +programs, waive the following requirements: + (1) For the adult and juvenile offender State and local + reentry demonstration projects under part FF of title I of the + Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. + 10631 et seq.), the requirements under section 2976(g)(1) of + such part (34 U.S.C. 10631(g)(1)). + (2) For grants to protect inmates and safeguard communities + as authorized by section 6 of the Prison Rape Elimination Act + of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section + 6(c)(3) of such Act. + Sec. 214. Notwithstanding any other provision of law, section +20109(a) of subtitle A of title II of the Violent Crime Control and Law +Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts +made available by this or any other Act. + Sec. 215. None of the funds made available under this Act, other +than for the national instant criminal background check system +established under section 103 of the Brady Handgun Violence Prevention +Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer +to facilitate the transfer of an operable firearm to an individual if +the Federal law enforcement officer knows or suspects that the +individual is an agent of a drug cartel, unless law enforcement +personnel of the United States continuously monitor or control the +firearm at all times. + Sec. 216. (a) None of the income retained in the Department of +Justice Working Capital Fund pursuant to title I of Public Law 102-140 +(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation +during fiscal year 2020, except up to $12,000,000 may be obligated for +implementation of a unified Department of Justice financial management +system. + (b) Not to exceed $30,000,000 of the unobligated balances +transferred to the capital account of the Department of Justice Working +Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784; +28 U.S.C. 527 note) shall be available for obligation in fiscal year +2020, and any use, obligation, transfer or allocation of such funds +shall be treated as a reprogramming of funds under section 505 of this +Act. + (c) Not to exceed $10,000,000 of the excess unobligated balances +available under section 524(c)(8)(E) of title 28, United States Code, +shall be available for obligation during fiscal year 2020, and any use, +obligation, transfer or allocation of such funds shall be treated as a +reprogramming of funds under section 505 of this Act. + Sec. 217. Discretionary funds that are made available in this Act +for the Office of Justice Programs may be used to participate in +Performance Partnership Pilots authorized under section 526 of division +H of Public Law 113-76, section 524 of division G of Public Law 113- +235, section 525 of division H of Public Law 114-113, and such +authorities as are enacted for Performance Partnership Pilots in an +appropriations Act for fiscal years 2019 and 2020. + Sec. 218. None of the funds made available by this Act may be used +by the Executive Office for Immigration Review to implement case +performance numeric metrics that are linked to performance evaluations +for individual immigration judges. + This title may be cited as the ``Department of Justice +Appropriations Act, 2020''. + + TITLE III + + SCIENCE + + Office of Science and Technology Policy + + For necessary expenses of the Office of Science and Technology +Policy, in carrying out the purposes of the National Science and +Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. +6601 et seq.), hire of passenger motor vehicles, and services as +authorized by section 3109 of title 5, United States Code, not to +exceed $2,250 for official reception and representation expenses, and +rental of conference rooms in the District of Columbia, $5,000,000. + + National Space Council + + For necessary expenses of the National Space Council, in carrying +out the purposes of Title V of Public Law 100-685 and Executive Order +No. 13803, hire of passenger motor vehicles, and services as authorized +by section 3109 of title 5, United States Code, not to exceed $2,250 +for official reception and representation expenses, $1,870,000: +Provided, That notwithstanding any other provision of law, the National +Space Council may accept personnel support from Federal agencies, +departments, and offices, and such Federal agencies, departments, and +offices may detail staff without reimbursement to the National Space +Council for purposes provided herein. + + National Aeronautics and Space Administration + + science + + For necessary expenses, not otherwise provided for, in the conduct +and support of science research and development activities, including +research, development, operations, support, and services; maintenance +and repair, facility planning and design; space flight, spacecraft +control, and communications activities; program management; personnel +and related costs, including uniforms or allowances therefor, as +authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $7,161,300,000 (reduced by $1,000,000) +(increased by $1,000,000), to remain available until September 30, +2021: Provided, That, of the amounts provided, $592,600,000 is for an +orbiter to meet the science goals for the Jupiter Europa mission as +recommended in previous Planetary Science Decadal surveys: Provided +further, That the National Aeronautics and Space Administration shall +use the Space Launch System as the launch vehicles for the Jupiter +Europa missions, plan for an orbiter launch no later than 2023 and a +lander launch no later than 2025, and include in the fiscal year 2021 +budget the 5-year funding profile necessary to achieve these goals. + + aeronautics + + For necessary expenses, not otherwise provided for, in the conduct +and support of aeronautics research and development activities, +including research, development, operations, support, and services; +maintenance and repair, facility planning and design; space flight, +spacecraft control, and communications activities; program management; +personnel and related costs, including uniforms or allowances therefor, +as authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $700,000,000 (increased by $20,000,000) +(reduced by $20,000,000), to remain available until September 30, 2021. + + space technology + + For necessary expenses, not otherwise provided for, in the conduct +and support of space technology research and development activities, +including research, development, operations, support, and services; +maintenance and repair, facility planning and design; space flight, +spacecraft control, and communications activities; program management; +personnel and related costs, including uniforms or allowances therefor, +as authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $1,291,600,000 (reduced by $6,500,000) +(increased by $6,500,000), to remain available until September 30, +2021: Provided, That $180,000,000 shall be for RESTORE-L: Provided +further, That $125,000,000 (increased by $1) (reduced by $1) shall be +for nuclear thermal propulsion technologies: Provided further, That, +not later than 180 days after the enactment of this Act, the National +Aeronautics and Space Administration (NASA) shall provide a plan for +the design of a flight demonstration. + + exploration + + For necessary expenses, not otherwise provided for, in the conduct +and support of exploration research and development activities, +including research, development, operations, support, and services; +maintenance and repair, facility planning and design; space flight, +spacecraft control, and communications activities; program management; +personnel and related costs, including uniforms or allowances therefor, +as authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $5,129,900,000 (increased by $1,000,000) +(reduced by $1,000,000) (increased by $1,969) (reduced by $1,969), to +remain available until September 30, 2021: Provided, That not less +than $1,425,000,000 shall be for the Orion Multi-Purpose Crew Vehicle: +Provided further, That not less than $2,150,000,000 shall be for the +Space Launch System (SLS) launch vehicle, which shall have a lift +capability not less than 130 metric tons and which shall have core +elements and an Exploration Upper Stage developed simultaneously, to be +used to the maximum extent practicable, including for Earth to Moon +missions and a Moon landing: Provided further, That of the amounts +provided for SLS, not less than $200,000,000 shall be for Exploration +Upper Stage development: Provided further, That $592,800,000 shall be +for Exploration Ground Systems, including $50,000,000 for a second +mobile launch platform and associated SLS activities: Provided +further, That the National Aeronautics and Space Administration (NASA) +shall provide to the Committees on Appropriations of the House of +Representatives and the Senate, concurrent with the annual budget +submission, a 5-year budget profile for an integrated system that +includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle, +and associated ground systems that will ensure an Exploration Mission-2 +crewed launch as early as possible, as well as a system-based funding +profile for a sustained launch cadence beyond the initial crewed test +launch: Provided further, That $962,100,000 shall be for exploration +research and development. + + space operations + + For necessary expenses, not otherwise provided for, in the conduct +and support of space operations research and development activities, +including research, development, operations, support and services; +space flight, spacecraft control and communications activities, +including operations, production, and services; maintenance and repair, +facility planning and design; program management; personnel and related +costs, including uniforms or allowances therefor, as authorized by +sections 5901 and 5902 of title 5, United States Code; travel expenses; +purchase and hire of passenger motor vehicles; and purchase, lease, +charter, maintenance and operation of mission and administrative +aircraft, $4,285,700,000, to remain available until September 30, 2021. + + science, technology, engineering, and mathematics engagement + + For necessary expenses, not otherwise provided for, in the conduct +and support of aerospace and aeronautical education research and +development activities, including research, development, operations, +support, and services; program management; personnel and related costs, +including uniforms or allowances therefor, as authorized by sections +5901 and 5902 of title 5, United States Code; travel expenses; purchase +and hire of passenger motor vehicles; and purchase, lease, charter, +maintenance, and operation of mission and administrative aircraft, +$123,000,000 (increased by $1,000,000), to remain available until +September 30, 2021, of which $25,000,000 shall be for the Established +Program to Stimulate Competitive Research and $48,000,000 (increased by +$1,000,000) shall be for the National Space Grant College and +Fellowship Program. + + safety, security and mission services + + For necessary expenses, not otherwise provided for, in the conduct +and support of science, aeronautics, space technology, exploration, +space operations and education research and development activities, +including research, development, operations, support, and services; +maintenance and repair, facility planning and design; space flight, +spacecraft control, and communications activities; program management; +personnel and related costs, including uniforms or allowances therefor, +as authorized by sections 5901 and 5902 of title 5, United States Code; +travel expenses; purchase and hire of passenger motor vehicles; not to +exceed $63,000 for official reception and representation expenses; and +purchase, lease, charter, maintenance, and operation of mission and +administrative aircraft, $3,084,600,000, to remain available until +September 30, 2021. + + construction and environmental compliance and restoration + + For necessary expenses for construction of facilities including +repair, rehabilitation, revitalization, and modification of facilities, +construction of new facilities and additions to existing facilities, +facility planning and design, and restoration, and acquisition or +condemnation of real property, as authorized by law, and environmental +compliance and restoration, $497,200,000, to remain available until +September 30, 2025: Provided, That proceeds from leases deposited into +this account shall be available for a period of 5 years to the extent +and in amounts as provided in annual appropriations Acts: Provided +further, That such proceeds referred to in the preceding proviso shall +be available for obligation for fiscal year 2020 in an amount not to +exceed $17,000,000: Provided further, That each annual budget request +shall include an annual estimate of gross receipts and collections and +proposed use of all funds collected pursuant to section 20145 of title +51, United States Code. + + office of inspector general + + For necessary expenses of the Office of Inspector General in +carrying out the Inspector General Act of 1978, $41,700,000, of which +$500,000 shall remain available until September 30, 2021. + + administrative provisions + + (including transfers of funds) + + Funds for any announced prize otherwise authorized shall remain +available, without fiscal year limitation, until a prize is claimed or +the offer is withdrawn. + Not to exceed 5 percent of any appropriation made available for the +current fiscal year for the National Aeronautics and Space +Administration in this Act may be transferred between such +appropriations, but no such appropriation, except as otherwise +specifically provided, shall be increased by more than 10 percent by +any such transfers. Balances so transferred shall be merged with and +available for the same purposes and the same time period as the +appropriations to which transferred. Any transfer pursuant to this +provision shall be treated as a reprogramming of funds under section +505 of this Act and shall not be available for obligation except in +compliance with the procedures set forth in that section. + The spending plan required by this Act shall be provided by NASA at +the theme, program, project and activity level. The spending plan, as +well as any subsequent change of an amount established in that spending +plan that meets the notification requirements of section 505 of this +Act, shall be treated as a reprogramming under section 505 of this Act +and shall not be available for obligation or expenditure except in +compliance with the procedures set forth in that section. + + National Science Foundation + + research and related activities + + For necessary expenses in carrying out the National Science +Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209 +(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of +title 5, United States Code; maintenance and operation of aircraft and +purchase of flight services for research support; acquisition of +aircraft; and authorized travel; $7,106,301,000 (increased by +$5,000,000) (reduced by $5,000,000) (reduced by $1,200,000) (increased +by $1,200,000) (reduced by $1,000,000) (increased by $1,000,000), to +remain available until September 30, 2021, of which not to exceed +$544,000,000 shall remain available until expended for polar research +and operations support, and for reimbursement to other Federal agencies +for operational and science support and logistical and other related +activities for the United States Antarctic program: Provided, That +receipts for scientific support services and materials furnished by the +National Research Centers and other National Science Foundation +supported research facilities may be credited to this appropriation. + + major research equipment and facilities construction + + For necessary expenses for the acquisition, construction, +commissioning, and upgrading of major research equipment, facilities, +and other such capital assets pursuant to the National Science +Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized +travel, $223,230,000, to remain available until expended. + + education and human resources + + For necessary expenses in carrying out science, mathematics and +engineering education and human resources programs and activities +pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 +et seq.), including services as authorized by section 3109 of title 5, +United States Code, authorized travel, and rental of conference rooms +in the District of Columbia, $950,000,000, to remain available until +September 30, 2021. + + agency operations and award management + + For agency operations and award management necessary in carrying +out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et +seq.); services authorized by section 3109 of title 5, United States +Code; hire of passenger motor vehicles; uniforms or allowances +therefor, as authorized by sections 5901 and 5902 of title 5, United +States Code; rental of conference rooms in the District of Columbia; +and reimbursement of the Department of Homeland Security for security +guard services; $336,890,000: Provided, That not to exceed $8,280 is +for official reception and representation expenses: Provided further, +That contracts may be entered into under this heading in fiscal year +2020 for maintenance and operation of facilities and for other services +to be provided during the next fiscal year. + + office of the national science board + + For necessary expenses (including payment of salaries, authorized +travel, hire of passenger motor vehicles, the rental of conference +rooms in the District of Columbia, and the employment of experts and +consultants under section 3109 of title 5, United States Code) involved +in carrying out section 4 of the National Science Foundation Act of +1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), +$4,370,000: Provided, That not to exceed $2,500 shall be available for +official reception and representation expenses. + + office of inspector general + + For necessary expenses of the Office of Inspector General as +authorized by the Inspector General Act of 1978, $15,350,000, of which +$400,000 shall remain available until September 30, 2021. + + administrative provisions + + (including transfer of funds) + + Not to exceed 5 percent of any appropriation made available for the +current fiscal year for the National Science Foundation in this Act may +be transferred between such appropriations, but no such appropriation +shall be increased by more than 10 percent by any such transfers. Any +transfer pursuant to this paragraph shall be treated as a reprogramming +of funds under section 505 of this Act and shall not be available for +obligation except in compliance with the procedures set forth in that +section. + The Director of the National Science Foundation (NSF) shall notify +the Committees on Appropriations of the House of Representatives and +the Senate at least 30 days in advance of any planned divestment +through transfer, decommissioning, termination, or deconstruction of +any NSF-owned facilities or any NSF capital assets (including land, +structures, and equipment) valued greater than $2,500,000. + This title may be cited as the ``Science Appropriations Act, +2020''. + + TITLE IV + + RELATED AGENCIES + + Commission on Civil Rights + + salaries and expenses + + For necessary expenses of the Commission on Civil Rights, including +hire of passenger motor vehicles, $10,500,000: Provided, That none of +the funds appropriated in this paragraph may be used to employ any +individuals under Schedule C of subpart C of part 213 of title 5 of the +Code of Federal Regulations exclusive of one special assistant for each +Commissioner: Provided further, That none of the funds appropriated in +this paragraph shall be used to reimburse Commissioners for more than +75 billable days, with the exception of the chairperson, who is +permitted 125 billable days: Provided further, That none of the funds +appropriated in this paragraph shall be used for any activity or +expense that is not explicitly authorized by section 3 of the Civil +Rights Commission Act of 1983 (42 U.S.C. 1975a): Provided further, +That the Chair is authorized to accept and use any gift or donation to +carry out the work of the Commission. + + Equal Employment Opportunity Commission + + salaries and expenses + + For necessary expenses of the Equal Employment Opportunity +Commission as authorized by title VII of the Civil Rights Act of 1964, +the Age Discrimination in Employment Act of 1967, the Equal Pay Act of +1963, the Americans with Disabilities Act of 1990, section 501 of the +Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic +Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233), +the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly +Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services +as authorized by section 3109 of title 5, United States Code; hire of +passenger motor vehicles as authorized by section 1343(b) of title 31, +United States Code; nonmonetary awards to private citizens; and up to +$29,500,000 for payments to State and local enforcement agencies for +authorized services to the Commission, $399,500,000: Provided, That +the Commission is authorized to make available for official reception +and representation expenses not to exceed $2,250 from available funds: +Provided further, That the Commission may take no action to implement +any workforce repositioning, restructuring, or reorganization until +such time as the Committees on Appropriations of the House of +Representatives and the Senate have been notified of such proposals, in +accordance with the reprogramming requirements of section 505 of this +Act: Provided further, That the Chair is authorized to accept and use +any gift or donation to carry out the work of the Commission. + + International Trade Commission + + salaries and expenses + + For necessary expenses of the International Trade Commission, +including hire of passenger motor vehicles and services as authorized +by section 3109 of title 5, United States Code, and not to exceed +$2,250 for official reception and representation expenses, +$101,000,000, to remain available until expended. + + Legal Services Corporation + + payment to the legal services corporation + + For payment to the Legal Services Corporation to carry out the +purposes of the Legal Services Corporation Act of 1974, $550,000,000, +of which $509,500,000 is for basic field programs and required +independent audits; $5,100,000 is for the Office of Inspector General, +of which such amounts as may be necessary may be used to conduct +additional audits of recipients; $23,400,000 is for management and +grants oversight; $5,000,000 is for client self-help and information +technology; $5,000,000 is for a Pro Bono Innovation Fund; and +$2,000,000 is for loan repayment assistance: Provided, That the Legal +Services Corporation may continue to provide locality pay to officers +and employees at a rate no greater than that provided by the Federal +Government to Washington, DC-based employees as authorized by section +5304 of title 5, United States Code, notwithstanding section 1005(d) of +the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided +further, That the authorities provided in section 205 of this Act shall +be applicable to the Legal Services Corporation: Provided further, +That, for the purposes of section 505 of this Act, the Legal Services +Corporation shall be considered an agency of the United States +Government. + + administrative provision--legal services corporation + + None of the funds appropriated in this Act to the Legal Services +Corporation shall be expended for any purpose prohibited or limited by, +or contrary to any of the provisions of, sections 501, 502, 503, 504, +505, and 506 of Public Law 105-119, and all funds appropriated in this +Act to the Legal Services Corporation shall be subject to the same +terms and conditions set forth in such sections, except that all +references in sections 502 and 503 to 1997 and 1998 shall be deemed to +refer instead to 2019 and 2020, respectively. + + Marine Mammal Commission + + salaries and expenses + + For necessary expenses of the Marine Mammal Commission as +authorized by title II of the Marine Mammal Protection Act of 1972 (16 +U.S.C. 1361 et seq.), $3,616,000. + + Office of the United States Trade Representative + + salaries and expenses + + For necessary expenses of the Office of the United States Trade +Representative, including the hire of passenger motor vehicles and the +employment of experts and consultants as authorized by section 3109 of +title 5, United States Code, $57,000,000 (increased by $1,000,000) +(reduced by $1,000,000), of which $1,000,000 shall remain available +until expended: Provided, That of the total amount made available +under this heading, not to exceed $124,000 shall be available for +official reception and representation expenses. + + trade enforcement trust fund + + (including transfer of funds) + + For activities of the United States Trade Representative authorized +by section 611 of the Trade Facilitation and Trade Enforcement Act of +2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived +from the Trade Enforcement Trust Fund: Provided, That any transfer +pursuant to subsection (d)(1) of such section shall be treated as a +reprogramming under section 505 of this Act. + + State Justice Institute + + salaries and expenses + + For necessary expenses of the State Justice Institute, as +authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701 +et seq.) $6,555,000, of which $500,000 shall remain available until +September 30, 2021: Provided, That not to exceed $2,250 shall be +available for official reception and representation expenses: Provided +further, That, for the purposes of section 505 of this Act, the State +Justice Institute shall be considered an agency of the United States +Government. + + TITLE V + + GENERAL PROVISIONS + + (including rescissions) + + (including transfers of funds) + + Sec. 501. No part of any appropriation contained in this Act shall +be used for publicity or propaganda purposes not authorized by the +Congress. + Sec. 502. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 503. The expenditure of any appropriation under this Act for +any consulting service through procurement contract, pursuant to +section 3109 of title 5, United States Code, shall be limited to those +contracts where such expenditures are a matter of public record and +available for public inspection, except where otherwise provided under +existing law, or under existing Executive order issued pursuant to +existing law. + Sec. 504. If any provision of this Act or the application of such +provision to any person or circumstances shall be held invalid, the +remainder of the Act and the application of each provision to persons +or circumstances other than those as to which it is held invalid shall +not be affected thereby. + Sec. 505. None of the funds provided under this Act, or provided +under previous appropriations Acts to the agencies funded by this Act +that remain available for obligation or expenditure in fiscal year +2020, or provided from any accounts in the Treasury of the United +States derived by the collection of fees available to the agencies +funded by this Act, shall be available for obligation or expenditure +through a reprogramming of funds that: (1) creates or initiates a new +program, project or activity; (2) eliminates a program, project or +activity; (3) increases funds or personnel by any means for any project +or activity for which funds have been denied or restricted; (4) +relocates an office or employees; (5) reorganizes or renames offices, +programs or activities; (6) contracts out or privatizes any functions +or activities presently performed by Federal employees; (7) augments +existing programs, projects or activities in excess of $500,000 or 10 +percent, whichever is less, or reduces by 10 percent funding for any +program, project or activity, or numbers of personnel by 10 percent; or +(8) results from any general savings, including savings from a +reduction in personnel, which would result in a change in existing +programs, projects or activities as approved by Congress; unless the +House and Senate Committees on Appropriations are notified 15 days in +advance of such reprogramming of funds. + Sec. 506. (a) If it has been finally determined by a court or +Federal agency that any person intentionally affixed a label bearing a +``Made in America'' inscription, or any inscription with the same +meaning, to any product sold in or shipped to the United States that is +not made in the United States, the person shall be ineligible to +receive any contract or subcontract made with funds made available in +this Act, pursuant to the debarment, suspension, and ineligibility +procedures described in sections 9.400 through 9.409 of title 48, Code +of Federal Regulations. + (b)(1) To the extent practicable, with respect to authorized +purchases of promotional items, funds made available by this Act shall +be used to purchase items that are manufactured, produced, or assembled +in the United States, its territories or possessions. + (2) The term ``promotional items'' has the meaning given the term +in OMB Circular A-87, Attachment B, Item (1)(f)(3). + Sec. 507. (a) The Departments of Commerce and Justice, the National +Science Foundation, and the National Aeronautics and Space +Administration shall provide to the Committees on Appropriations of the +House of Representatives and the Senate a quarterly report on the +status of balances of appropriations at the account level. For +unobligated, uncommitted balances and unobligated, committed balances +the quarterly reports shall separately identify the amounts +attributable to each source year of appropriation from which the +balances were derived. For balances that are obligated, but unexpended, +the quarterly reports shall separately identify amounts by the year of +obligation. + (b) The report described in subsection (a) shall be submitted +within 30 days of the end of each quarter. + (c) If a department or agency is unable to fulfill any aspect of a +reporting requirement described in subsection (a) due to a limitation +of a current accounting system, the department or agency shall fulfill +such aspect to the maximum extent practicable under such accounting +system and shall identify and describe in each quarterly report the +extent to which such aspect is not fulfilled. + Sec. 508. Any costs incurred by a department or agency funded +under this Act resulting from, or to prevent, personnel actions taken +in response to funding reductions included in this Act shall be +absorbed within the total budgetary resources available to such +department or agency: Provided, That the authority to transfer funds +between appropriations accounts as may be necessary to carry out this +section is provided in addition to authorities included elsewhere in +this Act: Provided further, That use of funds to carry out this +section shall be treated as a reprogramming of funds under section 505 +of this Act and shall not be available for obligation or expenditure +except in compliance with the procedures set forth in that section: +Provided further, That for the Department of Commerce, this section +shall also apply to actions taken for the care and protection of loan +collateral or grant property. + Sec. 509. None of the funds provided by this Act shall be +available to promote the sale or export of tobacco or tobacco products, +or to seek the reduction or removal by any foreign country of +restrictions on the marketing of tobacco or tobacco products, except +for restrictions which are not applied equally to all tobacco or +tobacco products of the same type. + Sec. 510. Notwithstanding any other provision of law, amounts +deposited or available in the Fund established by section 1402 of +chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any +fiscal year in excess of $2,838,000,000 shall not be available for +obligation until the following fiscal year: Provided, That +notwithstanding section 1402(d) of such Act, of the amounts available +from the Fund for obligation: (1) $10,000,000 shall be transferred to +the ``Department of Justice, Office of Inspector General'' account for +oversight and auditing purposes associated with this section; and (2) 5 +percent shall be available to the Office for Victims of Crime for +grants, consistent with the requirements of the Victims of Crime Act, +to Indian tribes to improve services for victims of crime. + Sec. 511. None of the funds made available to the Department of +Justice in this Act may be used to discriminate against or denigrate +the religious or moral beliefs of students who participate in programs +for which financial assistance is provided from those funds, or of the +parents or legal guardians of such students. + Sec. 512. None of the funds made available in this Act may be +transferred to any department, agency, or instrumentality of the United +States Government, except pursuant to a transfer made by, or transfer +authority provided in, this Act or any other appropriations Act. + Sec. 513. (a) The Inspectors General of the Department of Commerce, +the Department of Justice, the National Aeronautics and Space +Administration, the National Science Foundation, and the Legal Services +Corporation shall conduct audits, pursuant to the Inspector General Act +(5 U.S.C. App.), of grants or contracts for which funds are +appropriated by this Act, and shall submit reports to Congress on the +progress of such audits, which may include preliminary findings and a +description of areas of particular interest, within 180 days after +initiating such an audit and every 180 days thereafter until any such +audit is completed. + (b) Within 60 days after the date on which an audit described in +subsection (a) by an Inspector General is completed, the Secretary, +Attorney General, Administrator, Director, or President, as +appropriate, shall make the results of the audit available to the +public on the Internet website maintained by the Department, +Administration, Foundation, or Corporation, respectively. The results +shall be made available in redacted form to exclude-- + (1) any matter described in section 552(b) of title 5, + United States Code; and + (2) sensitive personal information for any individual, the + public access to which could be used to commit identity theft + or for other inappropriate or unlawful purposes. + (c) Any person awarded a grant or contract funded by amounts +appropriated by this Act shall submit a statement to the Secretary of +Commerce, the Attorney General, the Administrator, Director, or +President, as appropriate, certifying that no funds derived from the +grant or contract will be made available through a subcontract or in +any other manner to another person who has a financial interest in the +person awarded the grant or contract. + (d) The provisions of the preceding subsections of this section +shall take effect 30 days after the date on which the Director of the +Office of Management and Budget, in consultation with the Director of +the Office of Government Ethics, determines that a uniform set of rules +and requirements, substantially similar to the requirements in such +subsections, consistently apply under the executive branch ethics +program to all Federal departments, agencies, and entities. + Sec. 514. (a) None of the funds appropriated or otherwise made +available under this Act may be used by the Departments of Commerce and +Justice, the National Aeronautics and Space Administration, or the +National Science Foundation to acquire a high-impact or moderate-impact +information system, as defined for security categorization in the +National Institute of Standards and Technology's (NIST) Federal +Information Processing Standard Publication 199, ``Standards for +Security Categorization of Federal Information and Information +Systems'' unless the agency has-- + (1) reviewed the supply chain risk for the information + systems against criteria developed by NIST and the Federal + Bureau of Investigation (FBI) to inform acquisition decisions + for high-impact and moderate-impact information systems within + the Federal Government; + (2) reviewed the supply chain risk from the presumptive + awardee against available and relevant threat information + provided by the FBI and other appropriate agencies; and + (3) in consultation with the FBI or other appropriate + Federal entity, conducted an assessment of any risk of cyber- + espionage or sabotage associated with the acquisition of such + system, including any risk associated with such system being + produced, manufactured, or assembled by one or more entities + identified by the United States Government as posing a cyber + threat, including but not limited to, those that may be owned, + directed, or subsidized by the People's Republic of China, the + Islamic Republic of Iran, the Democratic People's Republic of + Korea, or the Russian Federation. + (b) None of the funds appropriated or otherwise made available +under this Act may be used to acquire a high-impact or moderate-impact +information system reviewed and assessed under subsection (a) unless +the head of the assessing entity described in subsection (a) has-- + (1) developed, in consultation with NIST, the FBI, and + supply chain risk management experts, a mitigation strategy for + any identified risks; + (2) determined, in consultation with NIST and the FBI, that + the acquisition of such system is in the national interest of + the United States; and + (3) reported that determination to the Committees on + Appropriations of the House of Representatives and the Senate + and the agency Inspector General. + Sec. 515. None of the funds made available in this Act shall be +used in any way whatsoever to support or justify the use of torture by +any official or contract employee of the United States Government. + Sec. 516. None of the funds made available in this Act may be used +to include in any new bilateral or multilateral trade agreement the +text of-- + (1) paragraph 2 of article 16.7 of the United States- + Singapore Free Trade Agreement; + (2) paragraph 4 of article 17.9 of the United States- + Australia Free Trade Agreement; or + (3) paragraph 4 of article 15.9 of the United States- + Morocco Free Trade Agreement. + Sec. 517. None of the funds made available in this Act may be used +to authorize or issue a national security letter in contravention of +any of the following laws authorizing the Federal Bureau of +Investigation to issue national security letters: The Right to +Financial Privacy Act of 1978; The Electronic Communications Privacy +Act of 1986; The Fair Credit Reporting Act; The National Security Act +of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended +by these Acts. + Sec. 518. If at any time during any quarter, the program manager +of a project within the jurisdiction of the Departments of Commerce or +Justice, the National Aeronautics and Space Administration, or the +National Science Foundation totaling more than $75,000,000 has +reasonable cause to believe that the total program cost has increased +by 10 percent or more, the program manager shall immediately inform the +respective Secretary, Administrator, or Director. The Secretary, +Administrator, or Director shall notify the House and Senate Committees +on Appropriations within 30 days in writing of such increase, and shall +include in such notice: the date on which such determination was made; +a statement of the reasons for such increases; the action taken and +proposed to be taken to control future cost growth of the project; +changes made in the performance or schedule milestones and the degree +to which such changes have contributed to the increase in total program +costs or procurement costs; new estimates of the total project or +procurement costs; and a statement validating that the project's +management structure is adequate to control total project or +procurement costs. + Sec. 519. Funds appropriated by this Act, or made available by the +transfer of funds in this Act, for intelligence or intelligence related +activities are deemed to be specifically authorized by the Congress for +purposes of section 504 of the National Security Act of 1947 (50 U.S.C. +3094) during fiscal year 2020 until the enactment of the Intelligence +Authorization Act for fiscal year 2020. + Sec. 520. None of the funds appropriated or otherwise made +available by this Act may be used to enter into a contract in an amount +greater than $5,000,000 or to award a grant in excess of such amount +unless the prospective contractor or grantee certifies in writing to +the agency awarding the contract or grant that, to the best of its +knowledge and belief, the contractor or grantee has filed all Federal +tax returns required during the three years preceding the +certification, has not been convicted of a criminal offense under the +Internal Revenue Code of 1986, and has not, more than 90 days prior to +certification, been notified of any unpaid Federal tax assessment for +which the liability remains unsatisfied, unless the assessment is the +subject of an installment agreement or offer in compromise that has +been approved by the Internal Revenue Service and is not in default, or +the assessment is the subject of a non-frivolous administrative or +judicial proceeding. + + (rescissions) + + Sec. 521. (a) Of the unobligated balances available to the +Department of Justice, the following funds are hereby rescinded, not +later than September 30, 2020, from the following accounts in the +specified amounts-- + (1) ``Working Capital Fund'', $100,000,000; + (2) ``Federal Bureau of Investigation, Salaries and + Expenses'', $60,000,000 including from, but not limited to, + fees collected to defray expenses for the automation of + fingerprint identification and criminal justice information + services and associated costs; and + (3) ``State and Local Law Enforcement Activities, Office of + Justice Programs'', $85,000,000. + (b) The Department of Justice shall submit to the Committees on +Appropriations of the House of Representatives and the Senate a report +no later than September 1, 2020, specifying the amount of each +rescission made pursuant to subsection (a). + (c) The amounts rescinded in subsection (a) shall not be from +amounts that were designated by the Congress as an emergency or +disaster relief requirement pursuant to the concurrent resolution on +the budget or the Balanced Budget and Emergency Deficit Control Act of +1985. + Sec. 522. None of the funds made available in this Act may be used +to purchase first class or premium airline travel in contravention of +sections 301-10.122 through 301-10.124 of title 41 of the Code of +Federal Regulations. + Sec. 523. None of the funds made available in this Act may be used +to send or otherwise pay for the attendance of more than 50 employees +from a Federal department or agency, who are stationed in the United +States, at any single conference occurring outside the United States +unless such conference is a law enforcement training or operational +conference for law enforcement personnel and the majority of Federal +employees in attendance are law enforcement personnel stationed outside +the United States. + Sec. 524. The Director of the Office of Management and Budget +shall instruct any department, agency, or instrumentality of the United +States receiving funds appropriated under this Act to track undisbursed +balances in expired grant accounts and include in its annual +performance plan and performance and accountability reports the +following: + (1) Details on future action the department, agency, or + instrumentality will take to resolve undisbursed balances in + expired grant accounts. + (2) The method that the department, agency, or + instrumentality uses to track undisbursed balances in expired + grant accounts. + (3) Identification of undisbursed balances in expired grant + accounts that may be returned to the Treasury of the United + States. + (4) In the preceding 3 fiscal years, details on the total + number of expired grant accounts with undisbursed balances (on + the first day of each fiscal year) for the department, agency, + or instrumentality and the total finances that have not been + obligated to a specific project remaining in the accounts. + Sec. 525. To the extent practicable, funds made available in this +Act should be used to purchase light bulbs that are ``Energy Star'' +qualified or have the ``Federal Energy Management Program'' +designation. + Sec. 526. (a) None of the funds made available by this Act may be +used for the National Aeronautics and Space Administration (NASA), the +Office of Science and Technology Policy (OSTP), or the National Space +Council (NSC) to develop, design, plan, promulgate, implement, or +execute a bilateral policy, program, order, or contract of any kind to +participate, collaborate, or coordinate bilaterally in any way with +China or any Chinese-owned company unless such activities are +specifically authorized by a law enacted after the date of enactment of +this Act. + (b) None of the funds made available by this Act may be used to +effectuate the hosting of official Chinese visitors at facilities +belonging to or utilized by NASA. + (c) The limitations described in subsections (a) and (b) shall not +apply to activities which NASA, OSTP, or NSC, after consultation with +the Federal Bureau of Investigation, have certified-- + (1) pose no risk of resulting in the transfer of + technology, data, or other information with national security + or economic security implications to China or a Chinese-owned + company; and + (2) will not involve knowing interactions with officials + who have been determined by the United States to have direct + involvement with violations of human rights. + (d) Any certification made under subsection (c) shall be submitted +to the Committees on Appropriations of the House of Representatives and +the Senate, and the Federal Bureau of Investigation, no later than 30 +days prior to the activity in question and shall include a description +of the purpose of the activity, its agenda, its major participants, and +its location and timing. + Sec. 527. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, adjudication, or other law enforcement- or victim +assistance-related activity. + Sec. 528. The Departments of Commerce and Justice, the National +Aeronautics and Space Administration, the National Science Foundation, +the Commission on Civil Rights, the Equal Employment Opportunity +Commission, the International Trade Commission, the Legal Services +Corporation, the Marine Mammal Commission, the Offices of Science and +Technology Policy and the United States Trade Representative, the +National Space Council, and the State Justice Institute shall submit +spending plans, signed by the respective department or agency head, to +the Committees on Appropriations of the House of Representatives and +the Senate within 45 days after the date of enactment of this Act. + Sec. 529. Notwithstanding any other provision of this Act, none of +the funds appropriated or otherwise made available by this Act may be +used to pay award or incentive fees for contractor performance that has +been judged to be below satisfactory performance or for performance +that does not meet the basic requirements of a contract. + Sec. 530. None of the funds made available by this Act may be used +in contravention of section 7606 (``Legitimacy of Industrial Hemp +Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the +Department of Justice or the Drug Enforcement Administration. + Sec. 531. None of the funds made available under this Act to the +Department of Justice may be used, with respect to any of the States of +Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, +Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, +Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, +Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New +Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, +Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, +Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, +or with respect to the District of Columbia, the Commonwealth of the +Northern Mariana Islands, Guam, or Puerto Rico, to prevent any of them +from implementing their own laws that authorize the use, distribution, +possession, or cultivation of medical marijuana. + Sec. 532. The Department of Commerce, the National Aeronautics and +Space Administration, and the National Science Foundation shall provide +a quarterly report to the Committees on Appropriations of the House of +Representatives and the Senate on any official travel to China by any +employee of such Department or agency, including the purpose of such +travel. + Sec. 533. Of the amounts made available by this Act, not less than +10 percent of each total amount provided, respectively, for Public +Works grants authorized by the Public Works and Economic Development +Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler +Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated +for assistance in persistent poverty counties: Provided, That for +purposes of this section, the term ``persistent poverty counties'' +means any county that has had 20 percent or more of its population +living in poverty over the past 30 years, as measured by the 1990 and +2000 decennial censuses and the most recent Small Area Income and +Poverty Estimates, or any territory or possession of the United States. + Sec. 534. None of the funds made available in this Act or any +other Act may be used by the Department of Commerce to incorporate into +the 2020 Decennial Census any question that was not included in the +2018 End-to-End Census Test in Providence County, Rhode Island. + Sec. 535. None of the funds made available by this Act may be used +to relocate the Bureau of Alcohol, Tobacco, Firearms and Explosives +(ATF) Canine Training Center or the ATF National Canine Division. + Sec. 536. Except as expressly provided otherwise, any reference to +``this Act'' contained in this division shall be treated as referring +only to the provisions of this division. + Sec. 537. Any reference to a ``report accompanying this Act'' +contained in this division shall be treated as a reference to House +Report 116-101. The effect of such Report shall be limited to this +division and shall apply for purposes of determining the allocation of +funds provided by, and the implementation of, this division. + Sec. 538. None of the funds made available by this Act may be used +to carry out section 3622(c)(2) of title 18, United States Code. + Sec. 539. (a) None of the funds appropriated or otherwise made +available by this Act may be made available to enter into any new +contract, grant, or cooperative agreement with any entity listed in +subsection (b). + (b) The entities listed in this subsection are the following: + + + + +---------------------------------------------------------------------------------------------------------------- +Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas, + Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV + at Doonbeg), Doonbeg, Ireland +Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City, + FL New York, New York City, NY NY +Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel + Vancouver, Vancouver, Canada Honolulu, HI Washington, DC +Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue, + York City, New York Nations Plaza, New York City, New New York City, New York + York +Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street, + NY South, New York City, New York New York City, New York +Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New + Blvd, New York City, New York York City, New York York City, New York +Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY + Florida +Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford, + Westchester, NY Connecticut +Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune, + NJ Angeles, CA India +Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver, + India Makati, Philippines Vancouver, Canada +Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, .................................... + Istanbul, Sisli Punta Sel Este, Uruguay +Briar Hall Operations LLC, New York, DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, + New York New York New York, New York +DT Dubai II Golf Manager LLC, New DT Home Marks International LLC, New DT Home Marks International Member + York, New York York, New York Corp, New York, New York +DT India Venture LLC, New York, New DT India Venture Managing Member DT Marks Baku LLC, New York, New + York Corp, New York, New York York +DT Marks Baku Managing Member Corp, DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New + New York, New York York York, New York +DT Marks Dubai II LLC, New York, New DT Marks Dubai II Member Corp, New .................................... + York York, New York +DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member DT Marks Jersey City LLC, New York, + York Corp, New York, New York New York +DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New DT Marks Qatar Member Corp, New + York York York, New York +DT Marks Products International LLC, DT Marks Product International DT Marks Pune LLC, New York, New + New York, New York Member Corp, New York, New York York +DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New DT Marks Pune II Managing Member + New York, New York York Corp, New York, New York +DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York, DT Marks Vancouver LP, New York, New + New York York +DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New DT Marks Worli Member Corp, New + Corp, New York, New York York York, New York +DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member Indian Hills Holdings LLC f/k/a + York Corp, New York, New York Indian Hills Development LLC, New + York, New York +Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member Lamington Family Holdings LLC, New + National Gold Club-Jupiter), New Corp, New York, New York York, New York + York, New York +Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New LFB Acquisition Member Corp, New + York, New York York York, New York +Mar A Lago Club, Inc, Palm Beach, Mar A Lago Club, L.L.C, New York, Nitto World Co, Limited, Turnberry, + Florida New York Scotland +OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New OWO Developer LLC, New York, New + York York, New York York +TIGL Ireland Enterprises Limited TIGL Ireland Management Limited, Ace Entertainment Holdings Inc (f/k/ + (Trump International Golf Links- Doonbeg, Ireland a Trump Casinos Inc and formerly + Doonbeg), Doonbeg, Ireland Trump Taj Mahal, Inc), Atlantic + City, NJ +Trump Chicago Commercial Member Trump Chicago Commercial Manager Trump Chicago Development LLC, New + Corp, New York, New York LLC, New York, New York York, New York +Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New Trump Chicago Managing Member LLC, + York, New York York, New York New York, New York +Trump Chicago Member LLC, New York, Trump Chicago Residential Member Trump Chicago Residential Manager + New York Corp, New York, New York LLC, New York, New York +Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC, Trump Chicago Retail Member Corp, + New York New York, New York New York, New York +Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member Trump Drinks Israel LLC, New York, + New York, New York Corp, New York, New York New York +Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump Trump Endeavor 12 Manager Corp, New + York, New York National Doral), New York, New York York, New York +Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York, Trump Golf Coco Beach Member Corp, + York, New York New York New York, New York +Trump International Development LLC, Trump International Golf Club LC Trump International Golf Club + New York, New York (Trump International Golf Club- Scotland Limited, Aberdeen, + Florida), New York, New York Scotland +Trump International Golf Club, Inc, Trump International Hotel and Tower Trump International Hotel Hawaii + Palm Beach, Florida Condominium, New York, New York LLC, New York, New York +Trump International Hotels Trump International Management Corp, Trump Korean Projects LLC, New York, + Management LLC, New York, New York New York, New York New York +Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New Trump Marks Baja Corp, New York, New + New York York, New York York +Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York, Trump Marks Beverages Corp, New + York New York York, New York +Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York, Trump Marks Canouan, LLC New York, + New York New York New York +Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New Trump Marks Dubai Corp, New York, + New York York, New York New York +Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York, Trump Marks Egypt LLC, New York, New + York New York York +Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp, Trump Marks Ft. Lauderdale LLC, New + York, New York New York, New York York, New York +Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New Trump Marks Holding LP (FKA Trump + Corp, New York, New York York Marks LP), New York, New York +Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York, Trump Marks Istanbul II Corp, New + York, New York New York York, New York +Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New Trump Marks Jersey City LLC, New + York, New York York, New York York, New York +Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp, Trump Marks Menswear LLC, New York, + New York New York, New York New York +Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York, Trump Marks Mtg LLC, New York, New + New York, New York New York York +Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New Trump Marks New Rochelle Corp, New + New York York, New York York, New York +Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New Trump Marks Palm Beach LLC, New + York, New York York, New York York, New York +Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York, Trump Marks Philadelphia Corp, New + New York New York York, New York +Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New Trump Marks Philippines LLC, New + York, New York York, New York York, New York +Trump Marks Products LLC, New York, The Trump Organization, Inc, New .................................... + New York York, New York +Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member + New York, New York York, New York Corp, New York, New York +Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New + York, New York Corp, New York, New York York, New York +Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp, + Corp, New York, New York York, New York New York, New York +Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York, + York, New York York New York +Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member + New York York, New York Corp, New York, New York +Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York, + York, New York Corp, New York, New York New York +Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York, + York New York New York +Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York, + Trump Toronto Management LP), New New York New York + York, New York +Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New + York, New York York, New York York, New York +Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck + New York, New York Corp, New York, New York LLC, New York, New York +Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member + Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York + New York, New York +Trump National Golf Club Washington Trump National Golf Club Washington .................................... + DC LCC, New York, New York DC Member Corp, New York, New York + Trump Old Post Office LLC, New York, Trump Old Post Office Member Corp, + New York New York, New York +Trump On the Ocean LLC, New York, Trump Organization LLC, New York, The Trump Organization, New York, + New York New York New York +Trump Pageants, Inc, New York, New Trump Palace Condominium, New York, Trump Palace/Parc LLC, New York, New + York New York York +Trump Panama Condominium Management Trump Panama Condominium Member Trump Panama Hotel Management LLC, + LLC, New York, New York Corp, New York, New York New York, New York +Trump Panama Hotel Management Member Trump Parc East Condominium, New Trump Park Avenue Acquisition LLC, + Corp, New York, New York York, New York New York, New York +Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York, Trump Payroll Corp, New York, New + York New York York +Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York Trump Plaza Member Inc (F/K/A Trump + York, New York Plaza Corp), New York, New York +Trump Productions LLC (former Rancho Trump Production Managing Member Trump Project Manager Corp, New + Lien LLC), New York, New York Inc, New York, New York York, New York +Trump Realty Services, LLc (f/k/a Trump Restaurants LLC, New York, Trump Riverside Management LLC, New + Trump Mortgage Services LLC (03) & New York York, New York + Tower Mortgage Services LLC), Palm + Beach, Florida +Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas, + York, New York NV +Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen, + Chicago, IL Corp, Chicago, IL Scotland +Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New + Scotsborough Square, VA York, New York, New York York +Trump Toronto Hotel Member Corp, New Trump Toronto Development Inc, New Trump Toronto Member Corp (formally + York, New York York, New York Trump Toronto Management Member + Corp), New York, New York +Trump Tower Commercial LLC, New Trump Tower Condominium Residential Trump Tower Managing Member Inc, New + York, New York Section, New York, New York York, New York +Trump Village Construction Corp, New Trump Vineyard Estates LLC, New Trump Vineyard Estates Manager Corp, + York, New York York, New York New York, New York +Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka Trump Virginia Acquisitions Manager + LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New Corp, New York, New York + LLC), New York, New York York, New York +Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp, Trump Wine Marks LLC, New York, New + New York New York, New York York +Trump Wine Marks Member Corp, New Trump World Productions LLC, New Trump World Productions Manager + York, New York York, New York Corp, New York, New York +Trump World Publications LLC, New Trump/New World Property Management Trump's Castle Management Corp, + York, New York LLC, New York, New York Atlantic City, NJ +Trump Marks White Plains Corp, New Turnberry Scotland Managing Member Turnberry Scotland LLC, Turnberry, + York, New York Corp, Turnberry, Scotland Scotland +TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland TW Venture I Managing Member Corp, + Florida Palm Beach, Florida +TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New Unit 2502 Enterprises Corp, Chicago, + Doonbeg, Ireland York IL +Unit 2502 Enterprises LLC, Chicago, VH Property Corp (Trump National VHPS LLC, Los Angeles, CA + IL Golf Club-Los Angeles), Los + Angeles, CA +West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL + Florida York +White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New + Miami FL York York, New York +Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976 + Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New + LLC), New York, New York York, New York York, New York +The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O + Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New + New York, New York York York +Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust - + Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor - + York York, New York Trustee is Donald J. Trump, Jr., + New York, New York +The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York, + New York, New York York, New York New York +DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp, + New York, New York New York New York, New York +DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited, + LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland +DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York, + York New York New York +DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp, + New York, New York New York New York, New York +DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New + York New York York +DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York, + New York New York +DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New + New York York +DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York, + Corp, New York, New York New York +DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New + York New York York +DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New + York, New York York York, New York +THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New + New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York + NJ +Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP, + Corp, New York, New York York, New York New York, New York +TC MARKS BUENOS AIRES LLC, New York, WMTMF LLC, New York, New York Midland Associates, New York, New + New York York +Miss Universe L.P., LLP (formerly Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New + Trump Pageants, L.P.), New York, York, New York York + New York +40 Wall Street LLC, New York, New 401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, + York Chicago, IL CA +Caribuslness Investments, S.R.L., County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New + Dominican Republic York +DJT Operations I LLC, New York, New DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, + York Florida French West Indies +Fifty-Seventh Street Associates LLC, Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY + New York, New York Hill, NJ +Trump Turnberry , Turnberry, The East 61 Street Company, LP, New The Trump Corporation, New York, New + Scotland York, New York York +TIHT Commercial LLC, New York, New TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson + York New York Valley, Hopewell Junction, NY +Trump National Golf Club - Trump National Golf Club - Trump International Golf Links - + Charlotte, Charlotte, NC Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland +Trump Las Vegas Development LLC, Las Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New + Vegas, NV York, New York +Trump National Golf Club - 1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York + Washington DC, Potomac Falls, VA Florida +HWA 555 Owners, LLC, San Francisco, 1290 Avenue of the Americas, A Trump Tower Triplex, New York, New + CA Tenancy-In-Common, New York, New York + York +NIKIA DTW VENTURE LLC, Palm Beach, THC Vancouver Management Corp, TNGC Jupiter Management Corp, + Florida Vancouver, Canada Jupiter, FL +Trump Toronto Hotel Management Corp, Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality + New York, New York LLC, Miami, FL +THC IMEA Development LLC, New York, DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, + New York LLC, Lido, Indonesia Inc., Las Vegas, NV +Albemarle Estate, Charlottesville, MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New + VA Scotland York City, New York +Trump International Golf Club, Trump World Golf Club Dubai, UAE Trump International Resort & Golf + Dubai, UAE Club Lido, Lido City, Indonesia +Seven Springs, Bedford, NY Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea + French West Indies +Trump Towers, Sunny Isles, FL .................................... .................................... +---------------------------------------------------------------------------------------------------------------- + + Sec. 540. None of the funds made available by this Act to the +Department of Justice may be used to prevent the Virgin Islands from +implementing its own law that authorizes the use, distribution, +possession, or cultivation of medical marijuana. + Sec. 541. None of the funds made available in this Act may be used +in contravention of the national standards for fishery conservation and +management as set out in section 301 of the Magnuson-Stevens Fishery +Conservation and Management Act (16 U.S.C. 1851). + Sec. 542. None of the funds made available by this Act may be used +by the National Telecommunications and Information Administration to +update a broadband availability map using only Form 477 data from the +Federal Communications Commission. + Sec. 543. None of the funds made available by this Act may be used +for activities prohibited by the order issued by the Attorney General +entitled ``Prohibition on Certain Federal Adoptions of Seizures by +State and Local Law Enforcement Agencies'' (Order No. 3488-2015, dated +January 16, 2015). + Sec. 544. None of the funds made available by this Act to the +Department of Justice may be used to prevent any Indian tribe (as such +term is defined in section 4 of the Indian Self-Determination and +Education Assistance Act (25 U.S.C. 5304)) from enacting or +implementing tribal laws that authorize the use, distribution, +possession, or cultivation of marijuana. + Sec. 545. None of the funds made available to the Bureau of the +Census by this Act may be used in the contravention of section 9 of +title 13, United States Code. + Sec. 546. None of the funds made available by this Act may be used +to issue a proposed or final rule revising the National Oceanic and +Atmospheric Administration's Federal consistency regulations at 15 Code +Federal Regulations part 930 under Section 307(c) of the Coastal Zone +Management Act of 1972 (16 U.S.C. 1456(c)). + Sec. 547. None of the funds made available by this Act may be +used-- + (1) to allow or authorize the incidental taking of marine + mammals under section 101(a)(5)(A) or (D) of the Marine Mammal + Protection Act of 1972 (16 U.S.C. 1371(a)(5)(A) or (D)) for + geophysical or geological exploration for oil or gas (as those + terms are defined in 30 CFR 551.1), within the specific + geographic region described in ``Notice; issuance of five + incidental harassment authorizations'' published in the Federal + Register at 83 Fed. Reg. 63,268; + (2) to provide an opinion from the Secretary of Commerce + under section 7(b) of the Endangered Species Act of 1973 (16 + U.S.C. 1536(b)), on how any such authorization affects an + endangered species or its critical habitat; or + (3) to prepare or supplement an Environmental Impact + Statement or Environmental Assessment pursuant to the National + Environmental Policy Act, 42 U.S.C. 4321 et seq., and its + associated regulations, in support of any such authorization. + Sec. 548. None of the funds made available by this Act may be used +by the Bureau of the Census to use information or records received +through data sharing agreements in contravention of existing law, +including sections 9 and 214 of title 13, United States Code. + Sec. 549. None of the funds made available by this Act may be used +to enforce the ``Memorandum for Federal Prosecutors Along the Southwest +Border, Zero-tolerance for Offenses Under 8 U.S.C. 1325(a)'' issued by +the Attorney General on April 6, 2018. + Sec. 550. None of the funds made available by this Act to the +Department of Justice may be used, with respect to any of the States of +Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, +Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, +Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, +Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New +Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, +Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, +Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, +or with respect to the District of Columbia, the Commonwealth of the +Northern Mariana Islands, Guam, Puerto Rico, or the United States +Virgin Islands, to prevent any of them from implementing their own laws +that authorize the use, distribution, possession, or cultivation of +marijuana. + Sec. 551. None of the funds made available by this Act may be used +by the Department of Justice to argue, in the conduct of any litigation +to which the United States, or an agency or officer thereof is a party, +that any provision of the Patient Protection and Affordable Care Act +(Public Law 111-148; 124 Stat. 119) or of the Health Care and Education +Reconciliation Act of 2010 (Public Law 111-152), is unconstitutional or +is invalid or unenforceable on any ground, including that certain +provisions of the Patient Protection and Affordable Care Act are not +severable from section 5000A of that Act. + This Act may be cited as the ``Commerce, Justice, Science, and +Related Agencies Appropriations Act, 2020''. + + DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG + ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 + + The following sums are appropriated, out of any money in the +Treasury not otherwise appropriated, for Agriculture, Rural +Development, Food and Drug Administration, and Related Agencies for the +fiscal year ending September 30, 2020, and for other purposes, namely: + + TITLE I + + AGRICULTURAL PROGRAMS + + Processing, Research, and Marketing + + Office of the Secretary + + (including transfers of funds) + + For necessary expenses of the Office of the Secretary, $45,112,000 +(reduced by $3,600,000) (reduced by $5,000,000) (reduced by $1,000,000) +(reduced by $500,000) (reduced by $1,000,000) (reduced by $12,500,000), +of which not to exceed $4,850,000 (reduced by $1,000,000) shall be +available for the Immediate Office of the Secretary; not to exceed +$1,448,000 shall be available for the Office of Homeland Security; not +to exceed $6,211,000 shall be available for the Office of Partnerships +and Public Engagement, of which $1,500,000 shall be for 7 U.S.C. +2279(c)(5); not to exceed $22,251,000 (reduced by $3,000,000) (reduced +by $5,000,000) (reduced by $500,000) (reduced by $12,500,000) shall be +available for the Office of the Assistant Secretary for Administration, +of which $21,376,000 (reduced by $3,000,000) (reduced by $5,000,000) +(reduced by $500,000) (reduced by $12,500,000) shall be available for +Departmental Administration to provide for necessary expenses for +management support services to offices of the Department and for +general administration, security, repairs and alterations, and other +miscellaneous supplies and expenses not otherwise provided for and +necessary for the practical and efficient work of the Department: +Provided, That funds made available by this Act to an agency in the +Administration mission area for salaries and expenses are available to +fund up to one administrative support staff for the Office; not to +exceed $3,091,000 shall be available for the Office of Assistant +Secretary for Congressional Relations and Intergovernmental Affairs to +carry out the programs funded by this Act, including programs involving +intergovernmental affairs and liaison within the executive branch; and +not to exceed $7,261,000 (reduced by $600,000) (reduced by $1,000,000) +shall be available for the Office of Communications: Provided further, +That the Secretary of Agriculture is authorized to transfer funds +appropriated for any office of the Office of the Secretary to any other +office of the Office of the Secretary: Provided further, That no +appropriation for any office shall be increased or decreased by more +than 5 percent: Provided further, That not to exceed $22,000 of the +amount made available under this paragraph for the Immediate Office of +the Secretary shall be available for official reception and +representation expenses, not otherwise provided for, as determined by +the Secretary: Provided further, That the amount made available under +this heading for Departmental Administration shall be reimbursed from +applicable appropriations in this Act for travel expenses incident to +the holding of hearings as required by 5 U.S.C. 551-558: Provided +further, That funds made available under this heading for the Office of +the Assistant Secretary for Congressional Relations and +Intergovernmental Affairs may be transferred to agencies of the +Department of Agriculture funded by this Act to maintain personnel at +the agency level. + + Executive Operations + + office of the chief economist + + For necessary expenses of the Office of the Chief Economist, +$21,013,000, of which $5,000,000 shall be for grants or cooperative +agreements for policy research under 7 U.S.C. 3155. + + office of hearings and appeals + + For necessary expenses of the Office of Hearings and Appeals, +$15,222,000. + + office of budget and program analysis + + For necessary expenses of the Office of Budget and Program +Analysis, $9,525,000. + + Office of the Chief Information Officer + + For necessary expenses of the Office of the Chief Information +Officer, $101,400,000 (reduced by $3,000,000) (reduced by $10,000,000) +(reduced by $1,400,000) (reduced by $200,000) (reduced by $353,000) +(reduced by $25,000,000) (reduced by $12,500,000). + + Office of the Chief Financial Officer + + For necessary expenses of the Office of the Chief Financial +Officer, $6,028,000. + + Office of the Assistant Secretary for Civil Rights + + For necessary expenses of the Office of the Assistant Secretary for +Civil Rights, $901,000: Provided, That funds made available by this +Act to an agency in the Civil Rights mission area for salaries and +expenses are available to fund up to one administrative support staff +for the Office. + + Office of Civil Rights + + For necessary expenses of the Office of Civil Rights, $24,206,000. + + Agriculture Buildings and Facilities + + (including transfers of funds) + + For payment of space rental and related costs pursuant to Public +Law 92-313, including authorities pursuant to the 1984 delegation of +authority from the Administrator of General Services to the Department +of Agriculture under 40 U.S.C. 121, for programs and activities of the +Department which are included in this Act, and for alterations and +other actions needed for the Department and its agencies to consolidate +unneeded space into configurations suitable for release to the +Administrator of General Services, and for the operation, maintenance, +improvement, and repair of Agriculture buildings and facilities, and +for related costs, $331,114,000 (reduced by $1,000,000), to remain +available until expended. + + Hazardous Materials Management + + (including transfers of funds) + + For necessary expenses of the Department of Agriculture, to comply +with the Comprehensive Environmental Response, Compensation, and +Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act +(42 U.S.C. 6901 et seq.), $5,288,000, to remain available until +expended: Provided, That appropriations and funds available herein to +the Department for Hazardous Materials Management may be transferred to +any agency of the Department for its use in meeting all requirements +pursuant to the above Acts on Federal and non-Federal lands. + + Office of Inspector General + + For necessary expenses of the Office of Inspector General, +including employment pursuant to the Inspector General Act of 1978 +(Public Law 95-452; 5 U.S.C. App.), $98,208,000 (increased by +$1,000,000), including such sums as may be necessary for contracting +and other arrangements with public agencies and private persons +pursuant to section 6(a)(9) of the Inspector General Act of 1978 +(Public Law 95-452; 5 U.S.C. App.), and including not to exceed +$125,000 for certain confidential operational expenses, including the +payment of informants, to be expended under the direction of the +Inspector General pursuant to the Inspector General Act of 1978 (Public +Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food +Act of 1981 (Public Law 97-98). + + Office of the General Counsel + + For necessary expenses of the Office of the General Counsel, +$41,242,000 (reduced by $30,000,000). + + Office of Ethics + + For necessary expenses of the Office of Ethics, $4,136,000. + + Office of the Under Secretary for Research, Education, and Economics + + For necessary expenses of the Office of the Under Secretary for +Research, Education, and Economics, $800,000 (reduced by $1) (increased +by $1): Provided, That funds made available by this Act to an agency +in the Research, Education, and Economics mission area for salaries and +expenses are available to fund up to one administrative support staff +for the Office. + + Economic Research Service + + For necessary expenses of the Economic Research Service, +$87,757,000 (reduced by $1) (increased by $1): Provided, That the term +``necessary expenses'' does not include any expenditure of funds to +relocate the Economic Research Service outside the National Capital +Region. + + National Agricultural Statistics Service + + For necessary expenses of the National Agricultural Statistics +Service, $180,794,000, of which up to $45,300,000 shall be available +until expended for the Census of Agriculture: Provided, That amounts +made available for the Census of Agriculture may be used to conduct +Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f). + + Agricultural Research Service + + salaries and expenses + + For necessary expenses of the Agricultural Research Service and for +acquisition of lands by donation, exchange, or purchase at a nominal +cost not to exceed $100, and for land exchanges where the lands +exchanged shall be of equal value or shall be equalized by a payment of +money to the grantor which shall not exceed 25 percent of the total +value of the land or interests transferred out of Federal ownership, +$1,347,516,000 (reduced by $5,000,000) (increased by $5,000,000), of +which $13,100,000, to remain available until expended, shall be used +for transition and equipment purchases for the National Bio and Agro- +Defense Facility located in Manhattan, Kansas: Provided, That of the +amounts available to the Agricultural Research Service for the National +Bio and Agro-Defense Facility, no funds may be obligated above the +amount provided for the facility in Public Law 116-6 until the +Secretary of Agriculture submits to the Committees on Appropriations of +both Houses of Congress, and receives written or electronic +notification of receipt from such Committees, a strategic plan as +required in the report accompanying this Act: Provided further, That +appropriations hereunder shall be available for the operation and +maintenance of aircraft and the purchase of not to exceed one for +replacement only: Provided further, That appropriations hereunder +shall be available pursuant to 7 U.S.C. 2250 for the construction, +alteration, and repair of buildings and improvements, but unless +otherwise provided, the cost of constructing any one building shall not +exceed $500,000, except for headhouses or greenhouses which shall each +be limited to $1,800,000, except for 10 buildings to be constructed or +improved at a cost not to exceed $1,100,000 each, and except for two +buildings to be constructed at a cost not to exceed $3,000,000 each, +and the cost of altering any one building during the fiscal year shall +not exceed 10 percent of the current replacement value of the building +or $500,000, whichever is greater: Provided further, That +appropriations hereunder shall be available for entering into lease +agreements at any Agricultural Research Service location for the +construction of a research facility by a non-Federal entity for use by +the Agricultural Research Service and a condition of the lease shall be +that any facility shall be owned, operated, and maintained by the non- +Federal entity and shall be removed upon the expiration or termination +of the lease agreement: Provided further, That the limitations on +alterations contained in this Act shall not apply to modernization or +replacement of existing facilities at Beltsville, Maryland: Provided +further, That appropriations hereunder shall be available for granting +easements at the Beltsville Agricultural Research Center: Provided +further, That the foregoing limitations shall not apply to replacement +of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. +113a): Provided further, That appropriations hereunder shall be +available for granting easements at any Agricultural Research Service +location for the construction of a research facility by a non-Federal +entity for use by, and acceptable to, the Agricultural Research Service +and a condition of the easements shall be that upon completion the +facility shall be accepted by the Secretary, subject to the +availability of funds herein, if the Secretary finds that acceptance of +the facility is in the interest of the United States: Provided +further, That funds may be received from any State, other political +subdivision, organization, or individual for the purpose of +establishing or operating any research facility or research project of +the Agricultural Research Service, as authorized by law. + + buildings and facilities + + For the acquisition of land, construction, repair, improvement, +extension, alteration, and purchase of fixed equipment or facilities as +necessary to carry out the agricultural research programs of the +Department of Agriculture, where not otherwise provided, $50,000,000 to +remain available until expended. + + National Institute of Food and Agriculture + + research and education activities + + For payments to agricultural experiment stations, for cooperative +forestry and other research, for facilities, and for other expenses, +$1,033,007,000 (increased by $2,000,000) (increased by $5,000,000) +(reduced by $5,000,000) (reduced by $5,000,000) (increased by +$5,000,000), which shall be for the purposes, and in the amounts, +specified in the table titled ``National Institute of Food and +Agriculture, Research and Education Activities'' in the report +accompanying this Act: Provided, That funds for research grants for +1994 institutions, education grants for 1890 institutions, capacity +building for non-land-grant colleges of agriculture, the agriculture +and food research initiative, veterinary medicine loan repayment, +multicultural scholars, graduate fellowship and institution challenge +grants, and grants management systems shall remain available until +expended: Provided further, That each institution eligible to receive +funds under the Evans-Allen program receives no less than $1,000,000: +Provided further, That funds for education grants for Alaska Native and +Native Hawaiian-serving institutions be made available to individual +eligible institutions or consortia of eligible institutions with funds +awarded equally to each of the States of Alaska and Hawaii: Provided +further, That funds for education grants for 1890 institutions shall be +made available to institutions eligible to receive funds under 7 U.S.C. +3221 and 3222: Provided further, That not more than 5 percent of the +amounts made available by this or any other Act to carry out the +Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be +retained by the Secretary of Agriculture to pay administrative costs +incurred by the Secretary in carrying out that authority: Provided +further, That none of these funds may be used to relocate the National +Institute of Food and Agriculture outside the National Capital Region. + + native american institutions endowment fund + + For the Native American Institutions Endowment Fund authorized by +Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain +available until expended. + + extension activities + + For payments to States, the District of Columbia, Puerto Rico, +Guam, the Virgin Islands, Micronesia, the Northern Marianas, and +American Samoa, $541,086,000 (increased by $1,000,000) (reduced by +$10,000,000) (increased by $10,000,000), which shall be for the +purposes, and in the amounts, specified in the table titled ``National +Institute of Food and Agriculture, Extension Activities'' in the report +accompanying this Act: Provided, That funds for facility improvements +at 1890 institutions shall remain available until expended: Provided +further, That institutions eligible to receive funds under 7 U.S.C. +3221 for cooperative extension receive no less than $1,000,000: +Provided further, That funds for cooperative extension under sections +3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and +section 208(c) of Public Law 93-471 shall be available for retirement +and employees' compensation costs for extension agents: Provided +further, That none of these funds may be used to relocate the National +Institute of Food and Agriculture outside the National Capital Region. + + integrated activities + + For the integrated research, education, and extension grants +programs, including necessary administrative expenses, $40,000,000, +which shall be for the purposes, and in the amounts, specified in the +table titled ``National Institute of Food and Agriculture, Integrated +Activities'' in the report accompanying this Act: Provided, That funds +for the Food and Agriculture Defense Initiative shall remain available +until September 30, 2021: Provided further, That notwithstanding any +other provision of law, indirect costs shall not be charged against any +Extension Implementation Program Area grant awarded under the Crop +Protection/Pest Management Program (7 U.S.C. 7626): Provided further, +That none of these funds may be used to relocate the National Institute +of Food and Agriculture outside the National Capital Region. + + Office of the Under Secretary for Marketing and Regulatory Programs + + For necessary expenses of the Office of the Under Secretary for +Marketing and Regulatory Programs, $800,000: Provided, That funds made +available by this Act to an agency in the Marketing and Regulatory +Programs mission area for salaries and expenses are available to fund +up to one administrative support staff for the Office. + + Animal and Plant Health Inspection Service + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the Animal and Plant Health Inspection +Service, including up to $30,000 for representation allowances and for +expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), +$1,034,011,000 (reduced by $12,000,000) (increased by $12,000,000) +(reduced by $15,000,000) (increased by $15,000,000), of which $470,000, +to remain available until expended, shall be available for the control +of outbreaks of insects, plant diseases, animal diseases and for +control of pest animals and birds (``contingency fund'') to the extent +necessary to meet emergency conditions; of which $11,520,000, to remain +available until expended, shall be used for the cotton pests program, +including for cost share purposes or for debt retirement for active +eradication zones; of which $37,857,000, to remain available until +expended, shall be for Animal Health Technical Services; of which +$1,000,000 shall be for activities under the authority of the Horse +Protection Act, as amended (15 U.S.C. 1831); of which $62,840,000, to +remain available until expended, shall be used to support avian health; +of which $4,251,000, to remain available until expended, shall be for +information technology infrastructure; of which $186,513,000, to remain +available until expended, shall be for specialty crop pests; of which, +$12,826,000, to remain available until expended, shall be for field +crop and rangeland ecosystem pests; of which $17,523,000, to remain +available until expended, shall be for zoonotic disease management; of +which $40,966,000, to remain available until expended, shall be for +emergency preparedness and response; of which $60,000,000, to remain +available until expended, shall be for tree and wood pests; of which +$5,725,000, to remain available until expended, shall be for the +National Veterinary Stockpile; of which up to $1,500,000, to remain +available until expended, shall be for the scrapie program for +indemnities; of which $2,500,000, to remain available until expended, +shall be for the wildlife damage management program for aviation +safety; of which $17,800,000, to remain available until expended, shall +be used to carry out the science program and transition activities for +the National Bio and Agro-Defense Facility located in Manhattan, +Kansas: Provided, That of the amounts available to the Animal and +Plant Health Inspection Service for the National Bio and Agro-Defense +Facility, no funds may be obligated above the amount provided for the +facility in Public Law 116-6 until the Secretary of Agriculture submits +to the Committees on Appropriations of both Houses of Congress, and +receives written or electronic notification of receipt from such +Committees, a strategic plan as required in the report accompanying +this Act: Provided further, That of amounts available under this +heading for wildlife services methods development, $1,000,000 shall +remain available until expended: Provided further, That of amounts +available under this heading for the screwworm program, $4,990,000 +shall remain available until expended: Provided further, That no funds +shall be used to formulate or administer a brucellosis eradication +program for the current fiscal year that does not require minimum +matching by the States of at least 40 percent: Provided further, That +this appropriation shall be available for the purchase, replacement, +operation, and maintenance of aircraft: Provided further, That in +addition, in emergencies which threaten any segment of the agricultural +production industry of the United States, the Secretary may transfer +from other appropriations or funds available to the agencies or +corporations of the Department such sums as may be deemed necessary, to +be available only in such emergencies for the arrest and eradication of +contagious or infectious disease or pests of animals, poultry, or +plants, and for expenses in accordance with sections 10411 and 10417 of +the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections +431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and +any unexpended balances of funds transferred for such emergency +purposes in the preceding fiscal year shall be merged with such +transferred amounts: Provided further, That appropriations hereunder +shall be available pursuant to law (7 U.S.C. 2250) for the repair and +alteration of leased buildings and improvements, but unless otherwise +provided the cost of altering any one building during the fiscal year +shall not exceed 10 percent of the current replacement value of the +building. + In fiscal year 2020, the agency is authorized to collect fees to +cover the total costs of providing technical assistance, goods, or +services requested by States, other political subdivisions, domestic +and international organizations, foreign governments, or individuals, +provided that such fees are structured such that any entity's liability +for such fees is reasonably based on the technical assistance, goods, +or services provided to the entity by the agency, and such fees shall +be reimbursed to this account, to remain available until expended, +without further appropriation, for providing such assistance, goods, or +services. + + buildings and facilities + + For plans, construction, repair, preventive maintenance, +environmental support, improvement, extension, alteration, and purchase +of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and +acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to +remain available until expended. + + Agricultural Marketing Service + + marketing services + + For necessary expenses of the Agricultural Marketing Service, +$182,888,000 (increased by $10,000,000) (reduced by $1,000,000) +(increased by $1,500,000) (reduced by $1,500,000), of which $4,000,000 +(increased by $1,000,000) shall be available for the purposes of +section 12306 of Public Law 113-79: Provided, That this appropriation +shall be available pursuant to law (7 U.S.C. 2250) for the alteration +and repair of buildings and improvements, but the cost of altering any +one building during the fiscal year shall not exceed 10 percent of the +current replacement value of the building. + Fees may be collected for the cost of standardization activities, +as established by regulation pursuant to law (31 U.S.C. 9701). + + limitation on administrative expenses + + Not to exceed $61,227,000 (from fees collected) shall be obligated +during the current fiscal year for administrative expenses: Provided, +That if crop size is understated and/or other uncontrollable events +occur, the agency may exceed this limitation by up to 10 percent with +notification to the Committees on Appropriations of both Houses of +Congress. + + funds for strengthening markets, income, and supply (section 32) + + (including transfers of funds) + + Funds available under section 32 of the Act of August 24, 1935 (7 +U.S.C. 612c), shall be used only for commodity program expenses as +authorized therein, and other related operating expenses, except for: +(1) transfers to the Department of Commerce as authorized by the Fish +and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers +otherwise provided in this Act; and (3) not more than $20,705,000 for +formulation and administration of marketing agreements and orders +pursuant to the Agricultural Marketing Agreement Act of 1937 and the +Agricultural Act of 1961 (Public Law 87-128). + + payments to states and possessions + + For payments to departments of agriculture, bureaus and departments +of markets, and similar agencies for marketing activities under section +204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), +$1,235,000. + + limitation on inspection and weighing services expenses + + Not to exceed $55,000,000 (from fees collected) shall be obligated +during the current fiscal year for inspection and weighing services: +Provided, That if grain export activities require additional +supervision and oversight, or other uncontrollable factors occur, this +limitation may be exceeded by up to 10 percent with notification to the +Committees on Appropriations of both Houses of Congress. + + Office of the Under Secretary for Food Safety + + For necessary expenses of the Office of the Under Secretary for +Food Safety, $800,000: Provided, That funds made available by this Act +to an agency in the Food Safety mission area for salaries and expenses +are available to fund up to one administrative support staff for the +Office. + + Food Safety and Inspection Service + + For necessary expenses to carry out services authorized by the +Federal Meat Inspection Act, the Poultry Products Inspection Act, and +the Egg Products Inspection Act, including not to exceed $10,000 for +representation allowances and for expenses pursuant to section 8 of the +Act approved August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in +addition, $1,000,000 may be credited to this account from fees +collected for the cost of laboratory accreditation as authorized by +section 1327 of the Food, Agriculture, Conservation and Trade Act of +1990 (7 U.S.C. 138f): Provided, That funds provided for the Public +Health Data Communication Infrastructure system shall remain available +until expended: Provided further, That no fewer than 148 full-time +equivalent positions shall be employed during fiscal year 2020 for +purposes dedicated solely to inspections and enforcement related to the +Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided +further, That the Food Safety and Inspection Service shall continue +implementation of section 11016 of Public Law 110-246 as further +clarified by the amendments made in section 12106 of Public Law 113-79: + Provided further, That this appropriation shall be available pursuant +to law (7 U.S.C. 2250) for the alteration and repair of buildings and +improvements, but the cost of altering any one building during the +fiscal year shall not exceed 10 percent of the current replacement +value of the building. + + TITLE II + + FARM PRODUCTION AND CONSERVATION PROGRAMS + + Office of the Under Secretary for Farm Production and Conservation + + For necessary expenses of the Office of the Under Secretary for +Farm Production and Conservation, $901,000: Provided, That funds made +available by this Act to an agency in the Farm Production and +Conservation mission area for salaries and expenses are available to +fund up to one administrative support staff for the Office. + + Farm Production and Conservation Business Center + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the Farm Production and Conservation +Business Center, $206,530,000: Provided, That $60,228,000 of amounts +appropriated for the current fiscal year pursuant to section 1241(a) of +the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a)) +shall be transferred to and merged with this account. + + Farm Service Agency + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the Farm Service Agency, $1,122,837,000, +of which not less than $20,000,000 shall be for the hiring of new +employees to fill vacancies at Farm Service Agency county offices and +farm loan officers and shall be available until September 30, 2021: +Provided, That of the funds included under this heading, $30,000,000 +shall be available until expended for temporary staff and information +technology software development related to implementation of the +Agriculture Improvement Act of 2018: Provided further, That not more +than 50 percent of the funding made available under this heading for +information technology related to farm program delivery may be +obligated until the Secretary submits to the Committees on +Appropriations of both Houses of Congress, and receives written or +electronic notification of receipt from such Committees of, a plan for +expenditure that: (1) identifies for each project/investment over +$25,000 (a) the functional and performance capabilities to be delivered +and the mission benefits to be realized, (b) the estimated lifecycle +cost for the entirety of the project/investment, including estimates +for development as well as maintenance and operations, and (c) key +milestones to be met; (2) demonstrates that each project/investment is, +(a) consistent with the Farm Service Agency Information Technology +Roadmap, (b) being managed in accordance with applicable lifecycle +management policies and guidance, and (c) subject to the applicable +Department's capital planning and investment control requirements; and +(3) has been reviewed by the Government Accountability Office and +approved by the Committees on Appropriations of both Houses of +Congress: Provided further, That the agency shall submit a report by +the end of the fourth quarter of fiscal year 2020 to the Committees on +Appropriations and the Government Accountability Office, that +identifies for each project/investment that is operational (a) current +performance against key indicators of customer satisfaction, (b) +current performance of service level agreements or other technical +metrics, (c) current performance against a pre-established cost +baseline, (d) a detailed breakdown of current and planned spending on +operational enhancements or upgrades, and (e) an assessment of whether +the investment continues to meet business needs as intended as well as +alternatives to the investment: Provided further, That the Secretary +is authorized to use the services, facilities, and authorities (but not +the funds) of the Commodity Credit Corporation to make program payments +for all programs administered by the Agency: Provided further, That +other funds made available to the Agency for authorized activities may +be advanced to and merged with this account: Provided further, That +funds made available to county committees shall remain available until +expended: Provided further, That none of the funds available to the +Farm Service Agency shall be used to close Farm Service Agency county +offices: Provided further, That none of the funds available to the +Farm Service Agency shall be used to permanently relocate county based +employees that would result in an office with two or fewer employees +without prior notification and approval of the Committees on +Appropriations of both Houses of Congress. + + state mediation grants + + For grants pursuant to section 502(b) of the Agricultural Credit +Act of 1987, as amended (7 U.S.C. 5101-5106), $5,000,000. + + grassroots source water protection program + + For necessary expenses to carry out wellhead or groundwater +protection activities under section 1240O of the Food Security Act of +1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until +expended. + + dairy indemnity program + + (including transfer of funds) + + For necessary expenses involved in making indemnity payments to +dairy farmers and manufacturers of dairy products under a dairy +indemnity program, such sums as may be necessary, to remain available +until expended: Provided, That such program is carried out by the +Secretary in the same manner as the dairy indemnity program described +in the Agriculture, Rural Development, Food and Drug Administration, +and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 +Stat. 1549A-12). + + agricultural credit insurance fund program account + + (including transfers of funds) + + For gross obligations for the principal amount of direct and +guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 +U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), +Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans +(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), +and Indian highly fractionated land loans (25 U.S.C. 488) to be +available from funds in the Agricultural Credit Insurance Fund, as +follows: $2,750,000,000 for guaranteed farm ownership loans and +$1,500,000,000 for farm ownership direct loans; $1,960,000,000 for +unsubsidized guaranteed operating loans and $1,550,133,000 for direct +operating loans; emergency loans, $37,668,000; Indian tribe land +acquisition loans, $20,000,000; guaranteed conservation loans, +$150,000,000; Indian highly fractionated land loans, $10,000,000; and +for boll weevil eradication program loans, $20,000,000: Provided, That +the Secretary shall deem the pink bollworm to be a boll weevil for the +purpose of boll weevil eradication program loans. + For the cost of direct and guaranteed loans and grants, including +the cost of modifying loans as defined in section 502 of the +Congressional Budget Act of 1974, as follows: farm operating loans, +$58,440,000 for direct operating loans, $20,972,000 for unsubsidized +guaranteed operating loans; emergency loans, $2,023,000; $2,745,000 for +Indian highly fractionated land loans; and $20,000 for boll weevil +eradication loans; to remain available until expended. + In addition, for administrative expenses necessary to carry out the +direct and guaranteed loan programs, $317,068,000: Provided, That of +this amount, $290,917,000 shall be transferred to and merged with the +appropriation for ``Farm Service Agency, Salaries and Expenses'': +Provided further, That of this amount $16,081,000 shall be transferred +to and merged with the appropriation for ``Farm Production and +Conservation Business Center, Salaries and Expenses''. + Funds appropriated by this Act to the Agricultural Credit Insurance +Program Account for farm ownership, operating and conservation direct +loans and guaranteed loans may be transferred among these programs: +Provided, That the Committees on Appropriations of both Houses of +Congress are notified at least 15 days in advance of any transfer. + + Risk Management Agency + + salaries and expenses + + For necessary expenses of the Risk Management Agency, $58,361,000: +Provided, That not to exceed $1,000 shall be available for official +reception and representation expenses, as authorized by 7 U.S.C. +1506(i). + + Natural Resources Conservation Service + + conservation operations + + For necessary expenses for carrying out the provisions of the Act +of April 27, 1935 (16 U.S.C. 590a-f), including preparation of +conservation plans and establishment of measures to conserve soil and +water (including farm irrigation and land drainage and such special +measures for soil and water management as may be necessary to prevent +floods and the siltation of reservoirs and to control agricultural +related pollutants); operation of conservation plant materials centers; +classification and mapping of soil; dissemination of information; +acquisition of lands, water, and interests therein for use in the plant +materials program by donation, exchange, or purchase at a nominal cost +not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. +2268a); purchase and erection or alteration or improvement of permanent +and temporary buildings; and operation and maintenance of aircraft, +$829,628,000, to remain available until September 30, 2021: Provided, +That appropriations hereunder shall be available pursuant to 7 U.S.C. +2250 for construction and improvement of buildings and public +improvements at plant materials centers, except that the cost of +alterations and improvements to other buildings and other public +improvements shall not exceed $250,000: Provided further, That when +buildings or other structures are erected on non-Federal land, that the +right to use such land is obtained as provided in 7 U.S.C. 2250a. + + watershed and flood prevention operations + + For necessary expenses to carry out preventive measures, including +but not limited to surveys and investigations, engineering operations, +works of improvement, and changes in use of land, in accordance with +the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 +and 1007-1009) and in accordance with the provisions of laws relating +to the activities of the Department, $155,000,000, to remain available +until expended: Provided, That for funds provided by this Act or any +other prior Act, the limitation regarding the size of the watershed or +subwatershed exceeding two hundred and fifty thousand acres in which +such activities can be undertaken shall only apply for activities +undertaken for the primary purpose of flood prevention (including +structural and land treatment measures): Provided further, That of the +amounts made available under this heading, $52,500,000 shall be +allocated to projects and activities that can commence promptly +following enactment; that address regional priorities for flood +prevention, agricultural water management, inefficient irrigation +systems, fish and wildlife habitat, or watershed protection; or that +address authorized ongoing projects under the authorities of section 13 +of the Flood Control Act of December 22, 1944 (Public Law 78-534) with +a primary purpose of watershed protection by preventing floodwater +damage and stabilizing stream channels, tributaries, and banks to +reduce erosion and sediment transport. + + watershed rehabilitation program + + Under the authorities of section 14 of the Watershed Protection and +Flood Prevention Act, $12,000,000 is provided: Provided, That of the +amounts made available under this heading, $5,000,000 shall remain +available until expended for watershed rehabilitation projects in +states with high-hazard dams and other watershed structures and that +have recently incurred flooding events which caused fatalities. + + CORPORATIONS + + The following corporations and agencies are hereby authorized to +make expenditures, within the limits of funds and borrowing authority +available to each such corporation or agency and in accord with law, +and to make contracts and commitments without regard to fiscal year +limitations as provided by section 104 of the Government Corporation +Control Act as may be necessary in carrying out the programs set forth +in the budget for the current fiscal year for such corporation or +agency, except as hereinafter provided. + + Federal Crop Insurance Corporation Fund + + For payments as authorized by section 516 of the Federal Crop +Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain +available until expended. + + Commodity Credit Corporation Fund + + reimbursement for net realized losses + + (including transfers of funds) + + For the current fiscal year, such sums as may be necessary to +reimburse the Commodity Credit Corporation for net realized losses +sustained, but not previously reimbursed, pursuant to section 2 of the +Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the +funds available to the Commodity Credit Corporation under section 11 of +the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the +conduct of its business with the Foreign Agricultural Service, up to +$5,000,000 may be transferred to and used by the Foreign Agricultural +Service for information resource management activities of the Foreign +Agricultural Service that are not related to Commodity Credit +Corporation business. + + hazardous waste management + + (limitation on expenses) + + For the current fiscal year, the Commodity Credit Corporation shall +not expend more than $5,000,000 for site investigation and cleanup +expenses, and operations and maintenance expenses to comply with the +requirement of section 107(g) of the Comprehensive Environmental +Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and +section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961). + + TITLE III + + RURAL DEVELOPMENT PROGRAMS + + Office of the Under Secretary for Rural Development + + For necessary expenses for the Office of the Under Secretary for +Rural Development, $800,000: Provided, That funds made available by +this Act to an agency in the Rural Development mission area for +salaries and expenses are available to fund up to one administrative +support staff for the Office. + + Rural Development + + salaries and expenses + + (including transfers of funds) + + For necessary expenses for carrying out the administration and +implementation of Rural Development programs, including activities with +institutions concerning the development and operation of agricultural +cooperatives; and for cooperative agreements; $255,835,000: Provided, +That notwithstanding any other provision of law, funds appropriated +under this heading may be used for advertising and promotional +activities that support Rural Development programs: Provided further, +That of the amounts made available under this paragraph, no less than +4,566 full-time equivalent employees salaries and expenses shall be +supported: Provided further, That in addition to any other funds +appropriated for purposes authorized by section 502(i) of the Housing +Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such +section, as amended by this Act, will immediately be credited to this +account and will remain available until expended for such purposes. + + Rural Housing Service + + rural housing insurance fund program account + + (including transfers of funds) + + For gross obligations for the principal amount of direct and +guaranteed loans as authorized by title V of the Housing Act of 1949, +to be available from funds in the rural housing insurance fund, as +follows: $1,000,000,000 shall be for direct loans and $24,000,000,000 +shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 +housing repair loans; $45,000,000 for section 515 rental housing; +$250,000,000 for section 538 guaranteed multi-family housing loans; +$10,000,000 for credit sales of single family housing acquired +property; $5,000,000 for section 523 self-help housing land development +loans; and $5,000,000 for section 524 site development loans. + For the cost of direct and guaranteed loans, including the cost of +modifying loans, as defined in section 502 of the Congressional Budget +Act of 1974, as follows: section 502 loans, $112,900,000 shall be for +direct loans; section 504 housing repair loans, $4,679,000; section 523 +self-help housing land development loans, $577,000; section 524 site +development loans, $546,000; and repair, rehabilitation, and new +construction of section 515 rental housing, $13,662,000: Provided, +That to support the loan program level for section 538 guaranteed loans +made available under this heading the Secretary may charge or adjust +any fees to cover the projected cost of such loan guarantees pursuant +to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et +seq.), and the interest on such loans may not be subsidized: Provided +further, That applicants in communities that have a current rural area +waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) +shall be treated as living in a rural area for purposes of section 502 +guaranteed loans provided under this heading: Provided further, That +of the amounts available under this paragraph for section 502 direct +loans, no less than $5,000,000 shall be available for direct loans for +individuals whose homes will be built pursuant to a program funded with +a mutual and self-help housing grant authorized by section 523 of the +Housing Act of 1949 until June 1, 2020: Provided further, That the +Secretary shall implement provisions to provide incentives to nonprofit +organizations and public housing authorities to facilitate the +acquisition of Rural Housing Service (RHS) multifamily housing +properties by such nonprofit organizations and public housing +authorities that commit to keep such properties in the RHS multifamily +housing program for a period of time as determined by the Secretary, +with such incentives to include, but not be limited to, the following: +allow such nonprofit entities and public housing authorities to earn a +Return on Investment on their own resources to include proceeds from +low income housing tax credit syndication, own contributions, grants, +and developer loans at favorable rates and terms, invested in a deal; +and allow reimbursement of organizational costs associated with owner's +oversight of asset referred to as ``Asset Management Fee'' of up to +$7,500 per property. + In addition, for the cost of direct loans, grants, and contracts, +as authorized by sections 514 and 516 of the Housing Act of 1949 (42 +U.S.C. 1484, 1486), $19,363,000, to remain available until expended, +for direct farm labor housing loans and domestic farm labor housing +grants and contracts: Provided, That any balances available for the +Farm Labor Program Account shall be transferred to and merged with this +account. + In addition, for administrative expenses necessary to carry out the +direct and guaranteed loan programs, $412,254,000 shall be transferred +to and merged with the appropriation for ``Rural Development, Salaries +and Expenses''. + + rental assistance program + + For rental assistance agreements entered into or renewed pursuant +to the authority under section 521(a)(2) of the Housing Act of 1949 or +agreements entered into in lieu of debt forgiveness or payments for +eligible households as authorized by section 502(c)(5)(D) of the +Housing Act of 1949, $1,375,000,000, of which $40,000,000 shall be +available until September 30, 2021; and in addition such sums as may be +necessary, as authorized by section 521(c) of the Act, to liquidate +debt incurred prior to fiscal year 1992 to carry out the rental +assistance program under section 521(a)(2) of the Act: Provided, That +rental assistance agreements entered into or renewed during the current +fiscal year shall be funded for a one-year period: Provided further, +That any unexpended balances remaining at the end of such one-year +agreements may be transferred and used for purposes of any debt +reduction; maintenance, repair, or rehabilitation of any existing +projects; preservation; and rental assistance activities authorized +under title V of the Act: Provided further, That rental assistance +provided under agreements entered into prior to fiscal year 2020 for a +farm labor multi-family housing project financed under section 514 or +516 of the Act may not be recaptured for use in another project until +such assistance has remained unused for a period of 12 consecutive +months, if such project has a waiting list of tenants seeking such +assistance or the project has rental assistance eligible tenants who +are not receiving such assistance: Provided further, That such +recaptured rental assistance shall, to the extent practicable, be +applied to another farm labor multi-family housing project financed +under section 514 or 516 of the Act: Provided further, That except as +provided in the third proviso under this heading and notwithstanding +any other provision of the Act, the Secretary may recapture rental +assistance provided under agreements entered into prior to fiscal year +2020 for a project that the Secretary determines no longer needs rental +assistance and use such recaptured funds for current needs. + + multi-family housing revitalization program account + + For the rural housing voucher program as authorized under section +542 of the Housing Act of 1949, but notwithstanding subsection (b) of +such section, and for additional costs to conduct a demonstration +program for the preservation and revitalization of multi-family rental +housing properties described in this paragraph, $75,000,000, to remain +available until expended: Provided, That of the funds made available +under this heading, $35,000,000, shall be available for rural housing +vouchers to any low-income household (including those not receiving +rental assistance) residing in a property financed with a section 515 +loan which has been prepaid after September 30, 2005: Provided +further, That the amount of such voucher shall be the difference +between comparable market rent for the section 515 unit and the tenant +paid rent for such unit: Provided further, That funds made available +for such vouchers shall be subject to the availability of annual +appropriations: Provided further, That the Secretary shall, to the +maximum extent practicable, administer such vouchers with current +regulations and administrative guidance applicable to section 8 housing +vouchers administered by the Secretary of the Department of Housing and +Urban Development: Provided further, That if the Secretary determines +that the amount made available for vouchers in this or any other Act is +not needed for vouchers, the Secretary may use such funds for the +demonstration program for the preservation and revitalization of multi- +family rental housing properties described in this paragraph: Provided +further, That of the funds made available under this heading, +$40,000,000 shall be available for a demonstration program for the +preservation and revitalization of the sections 514, 515, and 516 +multi-family rental housing properties to restructure existing USDA +multi-family housing loans, as the Secretary deems appropriate, +expressly for the purposes of ensuring the project has sufficient +resources to preserve the project for the purpose of providing safe and +affordable housing for low-income residents and farm laborers including +reducing or eliminating interest; deferring loan payments, +subordinating, reducing or reamortizing loan debt; and other financial +assistance including advances, payments and incentives (including the +ability of owners to obtain reasonable returns on investment) required +by the Secretary: Provided further, That the Secretary shall as part +of the preservation and revitalization agreement obtain a restrictive +use agreement consistent with the terms of the restructuring: Provided +further, That if the Secretary determines that additional funds for +vouchers described in this paragraph are needed, funds for the +preservation and revitalization demonstration program may be used for +such vouchers: Provided further, That if Congress enacts legislation +to permanently authorize a multi-family rental housing loan +restructuring program similar to the demonstration program described +herein, the Secretary may use funds made available for the +demonstration program under this heading to carry out such legislation +with the prior approval of the Committees on Appropriations of both +Houses of Congress: Provided further, That in addition to any other +available funds, the Secretary may expend not more than $1,000,000 +total, from the program funds made available under this heading, for +administrative expenses for activities funded under this heading. + + mutual and self-help housing grants + + For grants and contracts pursuant to section 523(b)(1)(A) of the +Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain available +until expended. + + rural housing assistance grants + + For grants for very low-income housing repair and rural housing +preservation made by the Rural Housing Service, as authorized by 42 +U.S.C. 1474, and 1490m, $45,000,000, to remain available until +expended. + + rural community facilities program account + + (including transfers of funds) + + For gross obligations for the principal amount of direct and +guaranteed loans as authorized by section 306 and described in section +381E(d)(1) of the Consolidated Farm and Rural Development Act, +$2,800,000,000 for direct loans and $250,000,000 for guaranteed loans. + For the cost of grants for rural community facilities programs as +authorized by section 306 and described in section 381E(d)(1) of the +Consolidated Farm and Rural Development Act, $71,000,000, to remain +available until expended: Provided, That $8,000,000 of the amount +appropriated under this heading shall be available for a Rural +Community Development Initiative: Provided further, That such funds +shall be used solely to develop the capacity and ability of private, +nonprofit community-based housing and community development +organizations, low-income rural communities, and Federally Recognized +Native American Tribes to undertake projects to improve housing, +community facilities, community and economic development projects in +rural areas: Provided further, That such funds shall be made available +to qualified private, nonprofit and public intermediary organizations +proposing to carry out a program of financial and technical assistance: + Provided further, That such intermediary organizations shall provide +matching funds from other sources, including Federal funds for related +activities, in an amount not less than funds provided: Provided +further, That $6,000,000 of the amount appropriated under this heading +shall be to provide grants for facilities in rural communities with +extreme unemployment and severe economic depression (Public Law 106- +387), with up to 5 percent for administration and capacity building in +the State rural development offices: Provided further, That $7,000,000 +of the amount appropriated under this heading shall be available for +community facilities grants to tribal colleges, as authorized by +section 306(a)(19) of such Act: Provided further, That sections 381E-H +and 381N of the Consolidated Farm and Rural Development Act are not +applicable to the funds made available under this heading. + + Rural Business--Cooperative Service + + rural business program account + + (including transfers of funds) + + For the cost of loan guarantees and grants, for the rural business +development programs authorized by section 310B and described in +subsections (a), (c), (f) and (g) of section 310B of the Consolidated +Farm and Rural Development Act, $67,600,000, to remain available until +expended: Provided, That of the amount appropriated under this +heading, not to exceed $500,000 shall be made available for one grant +to a qualified national organization to provide technical assistance +for rural transportation in order to promote economic development and +$8,000,000 shall be for grants to the Delta Regional Authority (7 +U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40 +U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40 +U.S.C. 14101 et seq.) for any Rural Community Advancement Program +purpose as described in section 381E(d) of the Consolidated Farm and +Rural Development Act, of which not more than 5 percent may be used for +administrative expenses: Provided further, That $4,000,000 of the +amount appropriated under this heading shall be for business grants to +benefit Federally Recognized Native American Tribes, including $250,000 +for a grant to a qualified national organization to provide technical +assistance for rural transportation in order to promote economic +development: Provided further, That sections 381E-H and 381N of the +Consolidated Farm and Rural Development Act are not applicable to funds +made available under this heading. + + intermediary relending program fund account + + (including transfer of funds) + + For the principal amount of direct loans, as authorized by the +Intermediary Relending Program Fund Account (7 U.S.C. 1936b), +$18,889,000. + For the cost of direct loans, $5,219,000, as authorized by the +Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which +$557,000 shall be available through June 30, 2020, for Federally +Recognized Native American Tribes; and of which $1,072,000 shall be +available through June 30, 2020, for Mississippi Delta Region counties +(as determined in accordance with Public Law 100-460): Provided, That +such costs, including the cost of modifying such loans, shall be as +defined in section 502 of the Congressional Budget Act of 1974. + In addition, for administrative expenses to carry out the direct +loan programs, $4,468,000 shall be transferred to and merged with the +appropriation for ``Rural Development, Salaries and Expenses''. + + rural economic development loans program account + + For the principal amount of direct loans, as authorized under +section 313B(a) of the Rural Electrification Act, for the purpose of +promoting rural economic development and job creation projects, +$50,000,000. + The cost of grants authorized under section 313B(a) of the Rural +Electrification Act, for the purpose of promoting rural economic +development and job creation projects shall not exceed $10,000,000. + + rural cooperative development grants + + For rural cooperative development grants authorized under section +310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. +1932), $29,800,000, of which $3,000,000 shall be for cooperative +agreements for the appropriate technology transfer for rural areas +program: Provided, That not to exceed $3,000,000 shall be for grants +for cooperative development centers, individual cooperatives, or groups +of cooperatives that serve socially disadvantaged groups and a majority +of the boards of directors or governing boards of which are comprised +of individuals who are members of socially disadvantaged groups; and of +which $18,000,000, to remain available until expended, shall be for +value-added agricultural product market development grants, as +authorized by section 210A of the Agricultural Marketing Act of 1946, +of which $3,000,000 may be used for Agriculture Innovation Centers +authorized pursuant to section 6402 of Public Law 107-171. + + rural microentrepreneur assistance program + + For the cost of loans and grants, $6,000,000 under the same terms +and conditions as authorized by section 379E of the Consolidated Farm +and Rural Development Act (7 U.S.C. 2008s): Provided, That such costs +of loans, including the cost of modifying such loans, shall be defined +in section 502 of the Congressional Budget Act of 1974. + + rural energy for america program + + For the cost of a program of loan guarantees, under the same terms +and conditions as authorized by section 9007 of the Farm Security and +Rural Investment Act of 2002 (7 U.S.C. 8107), $353,000 (increased by +$353,000): Provided, That the cost of loan guarantees, including the +cost of modifying such loans, shall be as defined in section 502 of the +Congressional Budget Act of 1974. + + Rural Utilities Service + + rural water and waste disposal program account + + (including transfers of funds) + + For the cost of direct loans, loan guarantees, and grants for rural +water, waste water, waste disposal, and solid waste management programs +authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and +described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the +Consolidated Farm and Rural Development Act, $718,480,000, to remain +available until expended, of which not to exceed $1,000,000 shall be +available for the rural utilities program described in section +306(a)(2)(B) of such Act, and of which not to exceed $15,000,000 +(increased by $1) (reduced by $1) shall be available for the rural +utilities program described in section 306E of such Act: Provided, +That not to exceed $15,000,000 of the amount appropriated under this +heading shall be for grants authorized by section 306A(i)(2) of the +Consolidated Farm and Rural Development Act in addition to funding +authorized by section 306A(i)(1) of such Act and such grants may not +exceed $1,000,000 notwithstanding section 306A(f)(1) of such Act: +Provided further, That $70,000,000 of the amount appropriated under +this heading shall be for loans and grants including water and waste +disposal systems grants authorized by section 306C(a)(2)(B) and section +306D of the Consolidated Farm and Rural Development Act, and Federally +Recognized Native American Tribes authorized by 306C(a)(1) of such Act: + Provided further, That funding provided for section 306D of the +Consolidated Farm and Rural Development Act may be provided to a +consortium formed pursuant to section 325 of Public Law 105-83: +Provided further, That not more than 2 percent of the funding provided +for section 306D of the Consolidated Farm and Rural Development Act may +be used by the State of Alaska for training and technical assistance +programs and not more than 2 percent of the funding provided for +section 306D of the Consolidated Farm and Rural Development Act may be +used by a consortium formed pursuant to section 325 of Public Law 105- +83 for training and technical assistance programs: Provided further, +That not to exceed $30,000,000 of the amount appropriated under this +heading shall be for technical assistance grants for rural water and +waste systems pursuant to section 306(a)(14) of such Act, unless the +Secretary makes a determination of extreme need, of which $9,000,000 +shall be made available for a grant to a qualified nonprofit multi- +State regional technical assistance organization, with experience in +working with small communities on water and waste water problems, the +principal purpose of such grant shall be to assist rural communities +with populations of 3,300 or less, in improving the planning, +financing, development, operation, and management of water and waste +water systems, and of which not less than $800,000 shall be for a +qualified national Native American organization to provide technical +assistance for rural water systems for tribal communities: Provided +further, That not to exceed $19,570,000 of the amount appropriated +under this heading shall be for contracting with qualified national +organizations for a circuit rider program to provide technical +assistance for rural water systems: Provided further, That not to +exceed $4,000,000 shall be for solid waste management grants: Provided +further, That sections 381E-H and 381N of the Consolidated Farm and +Rural Development Act are not applicable to the funds made available +under this heading. + + rural electrification and telecommunications loans program account + + (including transfer of funds) + + The principal amount of direct and guaranteed loans as authorized +by sections 305, 306, and 317 of the Rural Electrification Act of 1936 +(7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made +pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that +Act, rural electric, $5,500,000,000; guaranteed underwriting loans +pursuant to section 313A of that Act, $750,000,000; 5 percent rural +telecommunications loans, cost of money rural telecommunications loans, +and for loans made pursuant to section 306 of that Act, rural +telecommunications loans, $690,000,000: Provided, That up to +$2,000,000,000 shall be used for the construction, acquisition, design +and engineering or improvement of fossil-fueled electric generating +plants (whether new or existing) that utilize carbon subsurface +utilization and storage systems. + For the cost of direct loans as authorized by section 305 of the +Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of +modifying loans, as defined in section 502 of the Congressional Budget +Act of 1974, cost of money rural telecommunications loans, $3,795,000. + In addition, for administrative expenses necessary to carry out the +direct and guaranteed loan programs, $33,270,000, which shall be +transferred to and merged with the appropriation for ``Rural +Development, Salaries and Expenses''. + + distance learning, telemedicine, and broadband program + + For the principal amount of broadband telecommunication loans, +$29,851,000 (reduced by $1,000,000) (increased by $1,000,000). + For grants for telemedicine and distance learning services in rural +areas, as authorized by 7 U.S.C. 950aaa et seq., $50,000,000 (increased +by $25,000,000), to remain available until expended: Provided, That +$3,000,000 shall be made available for grants authorized by 379G of the +Consolidated Farm and Rural Development Act: Provided further, That +funding provided under this heading for grants under 379G of the +Consolidated Farm and Rural Development Act may only be provided to +entities that meet all of the eligibility criteria for a consortium as +established by this section. + For the cost of broadband loans, as authorized by section 601 of +the Rural Electrification Act, $5,830,000, to remain available until +expended: Provided, That the cost of direct loans shall be as defined +in section 502 of the Congressional Budget Act of 1974. + In addition, $50,000,000 (increased by $5,000,000), to remain +available until expended, for a grant program to finance broadband +transmission in rural areas eligible for Distance Learning and +Telemedicine Program benefits authorized by 7 U.S.C. 950aaa et seq. + + TITLE IV + + DOMESTIC FOOD PROGRAMS + + Office of the Under Secretary for Food, Nutrition, and Consumer + Services + + For necessary expenses of the Office of the Under Secretary for +Food, Nutrition, and Consumer Services, $800,000: Provided, That funds +made available by this Act to an agency in the Food, Nutrition and +Consumer Services mission area for salaries and expenses are available +to fund up to one administrative support staff for the Office. + + Food and Nutrition Service + + child nutrition programs + + (including transfers of funds) + + For necessary expenses to carry out the Richard B. Russell National +School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the +Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections +17 and 21; $24,040,885,000 (increased by $2,000,000) (reduced by +$2,000,000) (increased by $200,000) (increased by $500,000) to remain +available through September 30, 2021, of which such sums as are made +available under section 14222(b)(1) of the Food, Conservation, and +Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall +be merged with and available for the same time period and purposes as +provided herein: Provided, That of the total amount available, +$18,004,000 shall be available to carry out section 19 of the Child +Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further, That +of the total amount available, $35,000,000 shall be available to +provide competitive grants to State agencies for subgrants to local +educational agencies and schools to purchase the equipment, with a +value of greater than $1,000, needed to serve healthier meals, improve +food safety, and to help support the establishment, maintenance, or +expansion of the school breakfast program: Provided further, That of +the total amount available, $50,000,000 shall remain available until +expended to carry out section 749(g) of the Agriculture Appropriations +Act of 2010 (Public Law 111-80): Provided further, That section 26(d) +of the Richard B. Russell National School Lunch Act (42 U.S.C. +1769g(d)) is amended in the first sentence by striking ``2010 through +2019'' and inserting ``2010 through 2021'': Provided further, That +section 9(h)(3) of the Richard B. Russell National School Lunch Act (42 +U.S.C. 1758(h)(3)) is amended by striking ``For fiscal year 2019'' and +inserting ``For fiscal years 2020 and 2021'': Provided further, That +section 9(h)(4) of the Richard B. Russell National School Lunch Act (42 +U.S.C. 1758(h)(4)) is amended by striking ``For fiscal year 2019'' and +inserting ``For fiscal years 2020 and 2021''. + +special supplemental nutrition program for women, infants, and children + (wic) + + For necessary expenses to carry out the special supplemental +nutrition program as authorized by section 17 of the Child Nutrition +Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available +through September 30, 2021: Provided, That notwithstanding section +17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), +not less than $90,000,000 shall be used for breastfeeding peer +counselors and other related activities, and $14,000,000 shall be used +for infrastructure: Provided further, That none of the funds provided +in this account shall be available for the purchase of infant formula +except in accordance with the cost containment and competitive bidding +requirements specified in section 17 of such Act: Provided further, +That none of the funds provided shall be available for activities that +are not fully reimbursed by other Federal Government departments or +agencies unless authorized by section 17 of such Act: Provided +further, That upon termination of a federally mandated vendor +moratorium and subject to terms and conditions established by the +Secretary, the Secretary may waive the requirement at 7 CFR +246.12(g)(6) at the request of a State agency. + + supplemental nutrition assistance program + + For necessary expenses to carry out the Food and Nutrition Act of +2008 (7 U.S.C. 2011 et seq.), $71,093,908,000, of which $5,000,000,000 +(reduced by $10,000,000) (increased by $10,000,000), to remain +available through December 31, 2021, shall be placed in reserve for use +only in such amounts and at such times as may become necessary to carry +out program operations: Provided, That funds provided herein shall be +expended in accordance with section 16 of the Food and Nutrition Act of +2008: Provided further, That of the funds made available under this +heading, $998,000 may be used to provide nutrition education services +to State agencies and Federally Recognized Tribes participating in the +Food Distribution Program on Indian Reservations: Provided further, +That this appropriation shall be subject to any work registration or +workfare requirements as may be required by law: Provided further, +That funds made available for Employment and Training under this +heading shall remain available through September 30, 2021: Provided +further, That funds made available under this heading for section +28(d)(1), section 4(b), and section 27(a) of the Food and Nutrition Act +of 2008 shall remain available through September 30, 2021: Provided +further, That none of the funds made available under this heading may +be obligated or expended in contravention of section 213A of the +Immigration and Nationality Act (8 U.S.C. 1183A): Provided further, +That funds made available under this heading may be used to enter into +contracts and employ staff to conduct studies, evaluations, or to +conduct activities related to program integrity provided that such +activities are authorized by the Food and Nutrition Act of 2008. + + commodity assistance program + + For necessary expenses to carry out disaster assistance and the +Commodity Supplemental Food Program as authorized by section 4(a) of +the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c +note); the Emergency Food Assistance Act of 1983; special assistance +for the nuclear affected islands, as authorized by section 103(f)(2) of +the Compact of Free Association Amendments Act of 2003 (Public Law 108- +188); and the Farmers' Market Nutrition Program, as authorized by +section 17(m) of the Child Nutrition Act of 1966, $344,248,000, to +remain available through September 30, 2021: Provided, That none of +these funds shall be available to reimburse the Commodity Credit +Corporation for commodities donated to the program: Provided further, +That notwithstanding any other provision of law, effective with funds +made available in fiscal year 2020 to support the Seniors Farmers' +Market Nutrition Program, as authorized by section 4402 of the Farm +Security and Rural Investment Act of 2002, such funds shall remain +available through September 30, 2021: Provided further, That of the +funds made available under section 27(a) of the Food and Nutrition Act +of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 15 percent for +costs associated with the distribution of commodities. + + nutrition programs administration + + For necessary administrative expenses of the Food and Nutrition +Service for carrying out any domestic nutrition assistance program, +$154,041,000: Provided, That of the funds provided herein, $2,000,000 +shall be used for the purposes of section 4404 of Public Law 107-171, +as amended by section 4401 of Public Law 110-246. + + TITLE V + + FOREIGN ASSISTANCE AND RELATED PROGRAMS + + Office of the Under Secretary for Trade and Foreign Agricultural + Affairs + + For necessary expenses of the Office of the Under Secretary for +Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds +made available by this Act to an agency in the Trade and Foreign +Agricultural Affairs mission area for salaries and expenses are +available to fund up to one administrative support staff for the +Office. + + office of codex alimentarius + + For necessary expenses of the Office of Codex Alimentarius, +$4,775,000, including not to exceed $40,000 for official reception and +representation expenses. + + Foreign Agricultural Service + + salaries and expenses + + (including transfers of funds) + + For necessary expenses of the Foreign Agricultural Service, +including not to exceed $250,000 for representation allowances and for +expenses pursuant to section 8 of the Act approved August 3, 1956 (7 +U.S.C. 1766), $215,513,000, of which no more than 6 percent shall +remain available until September 30, 2021, for overseas operations to +include the payment of locally employed staff: Provided, That the +Service may utilize advances of funds, or reimburse this appropriation +for expenditures made on behalf of Federal agencies, public and private +organizations and institutions under agreements executed pursuant to +the agricultural food production assistance programs (7 U.S.C. 1737) +and the foreign assistance programs of the United States Agency for +International Development: Provided further, That funds made available +for middle-income country training programs, funds made available for +the Borlaug International Agricultural Science and Technology +Fellowship program, and up to $2,000,000 of the Foreign Agricultural +Service appropriation solely for the purpose of offsetting fluctuations +in international currency exchange rates, subject to documentation by +the Foreign Agricultural Service, shall remain available until +expended. + + food for peace title i direct credit and food for progress program + account + + (including transfer of funds) + + For administrative expenses to carry out the credit program of +title I, Food for Peace Act (Public Law 83-480) and the Food for +Progress Act of 1985, $142,000, shall be transferred to and merged with +the appropriation for ``Farm Service Agency, Salaries and Expenses''. + + food for peace title ii grants + + For expenses during the current fiscal year, not otherwise +recoverable, and unrecovered prior years' costs, including interest +thereon, under the Food for Peace Act (Public Law 83-480), for +commodities supplied in connection with dispositions abroad under title +II of said Act, $1,850,000,000, to remain available until expended. + + mcgovern-dole international food for education and child nutrition + program grants + + For necessary expenses to carry out the provisions of section 3107 +of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o- +1), $235,000,000, to remain available until expended: Provided, That +the Commodity Credit Corporation is authorized to provide the services, +facilities, and authorities for the purpose of implementing such +section, subject to reimbursement from amounts provided herein: +Provided further, That of the amount made available under this heading, +$25,000,000, shall remain available until expended to purchase +agricultural commodities as described in subsection 3107(a)(2) of the +Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o- +1(a)(2)). + + commodity credit corporation export (loans) credit guarantee program + account + + (including transfers of funds) + + For administrative expenses to carry out the Commodity Credit +Corporation's Export Guarantee Program, GSM 102 and GSM 103, +$8,845,000, to cover common overhead expenses as permitted by section +11 of the Commodity Credit Corporation Charter Act and in conformity +with the Federal Credit Reform Act of 1990, of which $6,382,000 shall +be transferred to and merged with the appropriation for ``Foreign +Agricultural Service, Salaries and Expenses'', and of which $2,463,000 +shall be transferred to and merged with the appropriation for ``Farm +Service Agency, Salaries and Expenses''. + + TITLE VI + + RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION + + Department of Health and Human Services + + food and drug administration + + salaries and expenses + + For necessary expenses of the Food and Drug Administration, +including hire and purchase of passenger motor vehicles; for payment of +space rental and related costs pursuant to Public Law 92-313 for +programs and activities of the Food and Drug Administration which are +included in this Act; for rental of special purpose space in the +District of Columbia or elsewhere; in addition to amounts appropriated +to the FDA Innovation Account, for carrying out the activities +described in section 1002(b)(4) of the 21st Century Cures Act (Public +Law 114-255); for miscellaneous and emergency expenses of enforcement +activities, authorized and approved by the Secretary and to be +accounted for solely on the Secretary's certificate, not to exceed +$25,000; and notwithstanding section 521 of Public Law 107-188; +$5,848,357,000 (increased by $100,000) (reduced by $100,000) : +Provided, That of the amount provided under this heading, +$1,062,367,000 shall be derived from prescription drug user fees +authorized by 21 U.S.C. 379h, and shall be credited to this account and +remain available until expended; $219,527,000 shall be derived from +medical device user fees authorized by 21 U.S.C. 379j, and shall be +credited to this account and remain available until expended; +$511,682,000 shall be derived from human generic drug user fees +authorized by 21 U.S.C. 379j-42, and shall be credited to this account +and remain available until expended; $39,618,000 shall be derived from +biosimilar biological product user fees authorized by 21 U.S.C. 379j- +52, and shall be credited to this account and remain available until +expended; $30,524,000 shall be derived from animal drug user fees +authorized by 21 U.S.C. 379j-12, and shall be credited to this account +and remain available until expended; $18,700,000 shall be derived from +generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and +shall be credited to this account and remain available until expended; +$712,000,000 shall be derived from tobacco product user fees authorized +by 21 U.S.C. 387s, and shall be credited to this account and remain +available until expended: Provided further, That in addition to and +notwithstanding any other provision under this heading, amounts +collected for prescription drug user fees, medical device user fees, +human generic drug user fees, biosimilar biological product user fees, +animal drug user fees, and generic new animal drug user fees that +exceed the respective fiscal year 2020 limitations are appropriated and +shall be credited to this account and remain available until expended: +Provided further, That fees derived from prescription drug, medical +device, human generic drug, biosimilar biological product, animal drug, +and generic new animal drug assessments for fiscal year 2020, including +any such fees collected prior to fiscal year 2020 but credited for +fiscal year 2020, shall be subject to the fiscal year 2020 limitations: + Provided further, That the Secretary may accept payment during fiscal +year 2020 of user fees specified under this heading and authorized for +fiscal year 2021, prior to the due date for such fees, and that amounts +of such fees assessed for fiscal year 2021 for which the Secretary +accepts payment in fiscal year 2020 shall not be included in amounts +under this heading: Provided further, That none of these funds shall +be used to develop, establish, or operate any program of user fees +authorized by 31 U.S.C. 9701: Provided further, That of the total +amount appropriated: (1) $1,100,560,000 shall be for the Center for +Food Safety and Applied Nutrition and related field activities in the +Office of Regulatory Affairs, of which no less than $15,000,000 shall +be used for inspections of foreign seafood manufacturers and field +examinations of imported seafood; (2) $1,978,674,000 shall be for the +Center for Drug Evaluation and Research and related field activities in +the Office of Regulatory Affairs; (3) $431,561,000 shall be for the +Center for Biologics Evaluation and Research and for related field +activities in the Office of Regulatory Affairs; (4) $242,558,000 shall +be for the Center for Veterinary Medicine and for related field +activities in the Office of Regulatory Affairs; (5) $606,469,000 shall +be for the Center for Devices and Radiological Health and for related +field activities in the Office of Regulatory Affairs; (6) $66,512,000 +shall be for the National Center for Toxicological Research; (7) +$661,739,000 shall be for the Center for Tobacco Products and for +related field activities in the Office of Regulatory Affairs; (8) +$191,800,000 shall be for Rent and Related activities, of which +$56,043,000 is for White Oak Consolidation, other than the amounts paid +to the General Services Administration for rent; (9) $240,079,000 shall +be for payments to the General Services Administration for rent; and +(10) $328,405,000 shall be for other activities, including the Office +of the Commissioner of Food and Drugs, the Office of Foods and +Veterinary Medicine, the Office of Medical and Tobacco Products, the +Office of Global and Regulatory Policy, the Office of Operations, the +Office of the Chief Scientist, and central services for these offices: +Provided further, That not to exceed $25,000 of this amount shall be +for official reception and representation expenses, not otherwise +provided for, as determined by the Commissioner: Provided further, +That any transfer of funds pursuant to section 770(n) of the Federal +Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from +amounts made available under this heading for other activities: +Provided further, That funds may be transferred from one specified +activity to another with the prior approval of the Committees on +Appropriations of both Houses of Congress. + In addition, mammography user fees authorized by 42 U.S.C. 263b, +export certification user fees authorized by 21 U.S.C. 381, priority +review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed +recall fees, food reinspection fees, and voluntary qualified importer +program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees +authorized by 21 U.S.C. 379j-62, prescription drug wholesale +distributor licensing and inspection fees authorized by 21 U.S.C. +353(e)(3), third-party logistics provider licensing and inspection fees +authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees +authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority +review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and, +contingent upon the enactment of the Over-the-Counter Monograph User +Fee Act of 2019, fees relating to over-the-counter monograph drugs +authorized by part 10 of subchapter C of chapter VII of the Federal +Food, Drug and Cosmetic Act shall be credited to this account, to +remain available until expended. + + buildings and facilities + + For plans, construction, repair, improvement, extension, +alteration, demolition, and purchase of fixed equipment or facilities +of or used by the Food and Drug Administration, where not otherwise +provided, $11,788,000, to remain available until expended. + + fda innovation account, cures act + + (including transfer of funds) + + For necessary expenses to carry out the purposes described under +section 1002(b)(4) of the 21st Century Cures Act, in addition to +amounts available for such purposes under the heading ``Salaries and +Expenses'', $75,000,000, to remain available until expended: Provided, +That amounts appropriated in this paragraph are appropriated pursuant +to section 1002(b)(3) of the 21st Century Cures Act, are to be derived +from amounts transferred under section 1002(b)(2)(A) of such Act, and +may be transferred by the Commissioner of Food and Drugs to the +appropriation for ``Department of Health and Human Services Food and +Drug Administration Salaries and Expenses'' solely for the purposes +provided in such Act: Provided further, That upon a determination by +the Commissioner that funds transferred pursuant to the previous +proviso are not necessary for the purposes provided, such amounts may +be transferred back to the account: Provided further, That such +transfer authority is in addition to any other transfer authority +provided by law. + + INDEPENDENT AGENCIES + + Commodity Futures Trading Commission + + For necessary expenses to carry out the provisions of the Commodity +Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of +passenger motor vehicles, and the rental of space (to include multiple +year leases), in the District of Columbia and elsewhere, $284,000,000, +including not to exceed $3,000 for official reception and +representation expenses, and not to exceed $25,000 for the expenses for +consultations and meetings hosted by the Commission with foreign +governmental and other regulatory officials, of which not less than +$57,000,000, to remain available until September 30, 2021, shall be for +the purchase of information technology and of which not less than +$3,386,000 shall be for expenses of the Office of the Inspector +General: Provided, That notwithstanding the limitations in 31 U.S.C. +1553, amounts provided under this heading are available for the +liquidation of obligations equal to current year payments on leases +entered into prior to the date of enactment of this Act: Provided +further, That for the purpose of recording and liquidating any lease +obligations that should have been recorded and liquidated against +accounts closed pursuant to 31 U.S.C. 1552, and consistent with the +preceding proviso, such amounts shall be transferred to and recorded in +a no-year account in the Treasury, which has been established for the +sole purpose of recording adjustments for and liquidating such unpaid +obligations. + In addition, for move, replication, and related costs associated +with replacement leases for the Commission's facilities, not to exceed +$31,000,000, to remain available until expended. + + Farm Credit Administration + + limitation on administrative expenses + + Not to exceed $76,000,000 (from assessments collected from farm +credit institutions, including the Federal Agricultural Mortgage +Corporation) shall be obligated during the current fiscal year for +administrative expenses as authorized under 12 U.S.C. 2249: Provided, +That this limitation shall not apply to expenses associated with +receiverships: Provided further, That the agency may exceed this +limitation by up to 10 percent with notification to the Committees on +Appropriations of both Houses of Congress. + + TITLE VII + + GENERAL PROVISIONS + + (including rescissions and transfers of funds) + + Sec. 701. The Secretary may use any appropriations made available +to the Department of Agriculture in this Act to purchase new passenger +motor vehicles, in addition to specific appropriations for this +purpose, so long as the total number of vehicles purchased in fiscal +year 2020 does not exceed the number of vehicles owned or leased in +fiscal year 2018: Provided, That, prior to purchasing additional motor +vehicles, the Secretary must determine that such vehicles are necessary +for transportation safety, to reduce operational costs, and for the +protection of life, property, and public safety: Provided further, +That the Secretary may not increase the Department of Agriculture's +fleet above the 2018 level unless the Secretary notifies in writing, +and receives approval from, the Committees on Appropriations of both +Houses of Congress within 30 days of the notification. + Sec. 702. Notwithstanding any other provision of this Act, the +Secretary of Agriculture may transfer unobligated balances of +discretionary funds appropriated by this Act or any other available +unobligated discretionary balances that are remaining available of the +Department of Agriculture to the Working Capital Fund for the +acquisition of plant and capital equipment necessary for the delivery +of financial, administrative, and information technology services of +primary benefit to the agencies of the Department of Agriculture, such +transferred funds to remain available until expended: Provided, That +none of the funds made available by this Act or any other Act shall be +transferred to the Working Capital Fund without the prior approval of +the agency administrator: Provided further, That none of the funds +transferred to the Working Capital Fund pursuant to this section shall +be available for obligation without written notification to and the +prior approval of the Committees on Appropriations of both Houses of +Congress: Provided further, That none of the funds appropriated by +this Act or made available to the Department's Working Capital Fund +shall be available for obligation or expenditure to make any changes to +the Department's National Finance Center without written notification +to and prior approval of the Committees on Appropriations of both +Houses of Congress at least 30 days in advance of such changes: +Provided further, That none of the funds appropriated by this Act or +made available to the Department's Working Capital Fund shall be +available for obligation or expenditure to initiate, plan, develop, +implement, or make any changes to remove or relocate any systems, +missions, or functions of the offices of the Chief Financial Officer or +any personnel from the National Finance Center prior to written +notification to and prior approval of the Committee on Appropriations +of both Houses of Congress at least 30 days in advance of such actions: + Provided further, That the Secretary of Agriculture and the offices of +the Chief Financial Officer shall actively market to existing and new +Departments and other government agencies National Finance Center +shared services including, but not limited to, payroll, financial +management, and human capital shared services and allow the National +Finance Center to perform technology upgrades: Provided further, That +of annual income amounts in the Working Capital Fund of the Department +of Agriculture attributable to the amounts in excess of the true costs +of the shared services provided by the National Finance Center and +budgeted for the National Finance Center, the Secretary shall reserve +not more than 4 percent for the replacement or acquisition of capital +equipment, including equipment for the improvement, delivery, and +implementation of financial, administrative, and information technology +services, and other systems of the National Finance Center or to pay +any unforeseen, extraordinary cost of the National Finance Center: +Provided further, That none of the amounts reserved shall be available +for obligation unless the Secretary submits written notification of the +obligation to the Committees on Appropriations of both Houses of +Congress: Provided further, That the limitations on the obligation of +funds pending notification to Congressional Committees shall not apply +to any obligation that, as determined by the Secretary, is necessary to +respond to a declared state of emergency that significantly impacts the +operations of the National Finance Center; or to evacuate employees of +the National Finance Center to a safe haven to continue operations of +the National Finance Center. + Sec. 703. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 704. No funds appropriated by this Act may be used to pay +negotiated indirect cost rates on cooperative agreements or similar +arrangements between the United States Department of Agriculture and +nonprofit institutions in excess of 10 percent of the total direct cost +of the agreement when the purpose of such cooperative arrangements is +to carry out programs of mutual interest between the two parties. This +does not preclude appropriate payment of indirect costs on grants and +contracts with such institutions when such indirect costs are computed +on a similar basis for all agencies for which appropriations are +provided in this Act. + Sec. 705. Appropriations to the Department of Agriculture for the +cost of direct and guaranteed loans made available in the current +fiscal year shall remain available until expended to disburse +obligations made in the current fiscal year for the following accounts: +the Rural Development Loan Fund program account, the Rural +Electrification and Telecommunication Loans program account, and the +Rural Housing Insurance Fund program account. + Sec. 706. None of the funds made available to the Department of +Agriculture by this Act may be used to acquire new information +technology systems or significant upgrades, as determined by the Office +of the Chief Information Officer, without the approval of the Chief +Information Officer and the concurrence of the Executive Information +Technology Investment Review Board: Provided, That notwithstanding any +other provision of law, none of the funds appropriated or otherwise +made available by this Act may be transferred to the Office of the +Chief Information Officer without written notification to and the prior +approval of the Committees on Appropriations of both Houses of +Congress: Provided further, That, notwithstanding section 11319 of +title 40, United States Code, none of the funds available to the +Department of Agriculture for information technology shall be obligated +for projects, contracts, or other agreements over $25,000 prior to +receipt of written approval by the Chief Information Officer: Provided +further, That the Chief Information Officer may authorize an agency to +obligate funds without written approval from the Chief Information +Officer for projects, contracts, or other agreements up to $250,000 +based upon the performance of an agency measured against the +performance plan requirements described in the explanatory statement +accompanying Public Law 113-235. + Sec. 707. Funds made available under section 524(b) of the Federal +Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall +remain available until expended to disburse obligations made in the +current fiscal year. + Sec. 708. Notwithstanding any other provision of law, any former +RUS borrower that has repaid or prepaid an insured, direct or +guaranteed loan under the Rural Electrification Act of 1936, or any +not-for-profit utility that is eligible to receive an insured or direct +loan under such Act, shall be eligible for assistance under section +313B(a) of such Act in the same manner as a borrower under such Act. + Sec. 709. (a) Except as otherwise specifically provided by law, not +more than $20,000,000 in unobligated balances from appropriations made +available for salaries and expenses in this Act for the Farm Service +Agency shall remain available through September 30, 2021, for +information technology expenses. + (b) Except as otherwise specifically provided by law, not more than +$20,000,000 in unobligated balances from appropriations made available +for salaries and expenses in this Act for the Rural Development mission +area shall remain available through September 30, 2021, for information +technology expenses. + Sec. 710. None of the funds appropriated or otherwise made +available by this Act may be used for first-class travel by the +employees of agencies funded by this Act in contravention of sections +301-10.122 through 301-10.124 of title 41, Code of Federal Regulations. + Sec. 711. In the case of each program established or amended by +the Agricultural Act of 2014 (Public Law 113-79) or by a successor to +that Act, other than by title I or subtitle A of title III of such Act, +or programs for which indefinite amounts were provided in that Act, +that is authorized or required to be carried out using funds of the +Commodity Credit Corporation-- + (1) such funds shall be available for salaries and related + administrative expenses, including technical assistance, + associated with the implementation of the program, without + regard to the limitation on the total amount of allotments and + fund transfers contained in section 11 of the Commodity Credit + Corporation Charter Act (15 U.S.C. 714i); and + (2) the use of such funds for such purpose shall not be + considered to be a fund transfer or allotment for purposes of + applying the limitation on the total amount of allotments and + fund transfers contained in such section. + Sec. 712. Of the funds made available by this Act, not more than +$2,900,000 shall be used to cover necessary expenses of activities +related to all advisory committees, panels, commissions, and task +forces of the Department of Agriculture, except for panels used to +comply with negotiated rule makings and panels used to evaluate +competitively awarded grants. + Sec. 713. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + Sec. 714. Notwithstanding subsection (b) of section 14222 of +Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as +``section 14222''), none of the funds appropriated or otherwise made +available by this or any other Act shall be used to pay the salaries +and expenses of personnel to carry out a program under section 32 of +the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to +as ``section 32'') in excess of $1,404,000,000 (exclusive of carryover +appropriations from prior fiscal years), as follows: Child Nutrition +Programs Entitlement Commodities--$485,000,000; State Option +Contracts-- $5,000,000; Removal of Defective Commodities-- $2,500,000; +Administration of Section 32 Commodity Purchases--$35,853,000: +Provided, That of the total funds made available in the matter +preceding this proviso that remain unobligated on October 1, 2020, such +unobligated balances shall carryover into fiscal year 2021 and shall +remain available until expended for any of the purposes of section 32, +except that any such carryover funds used in accordance with clause (3) +of section 32 may not exceed $350,000,000 and may not be obligated +until the Secretary of Agriculture provides written notification of the +expenditures to the Committees on Appropriations of both Houses of +Congress at least two weeks in advance: Provided further, That, with +the exception of any available carryover funds authorized in any prior +appropriations Act to be used for the purposes of clause (3) of section +32, none of the funds appropriated or otherwise made available by this +or any other Act shall be used to pay the salaries or expenses of any +employee of the Department of Agriculture to carry out clause (3) of +section 32. + Sec. 715. None of the funds appropriated by this or any other Act +shall be used to pay the salaries and expenses of personnel who prepare +or submit appropriations language as part of the President's budget +submission to the Congress for programs under the jurisdiction of the +Appropriations Subcommittees on Agriculture, Rural Development, Food +and Drug Administration, and Related Agencies that assumes revenues or +reflects a reduction from the previous year due to user fees proposals +that have not been enacted into law prior to the submission of the +budget unless such budget submission identifies which additional +spending reductions should occur in the event the user fees proposals +are not enacted prior to the date of the convening of a committee of +conference for the fiscal year 2021 appropriations Act. + Sec. 716. (a) None of the funds provided by this Act, or provided +by previous appropriations Acts to the Department of Agriculture that +remain available for obligation or expenditure in the current fiscal +year, or provided from any accounts in the Treasury derived by the +collection of fees available to the Department of Agriculture, shall be +available for obligation or expenditure through transfer of funds, or +reimbursements as authorized by the Economy Act, or through use of the +authority provided by section 702(b) of the Department of Agriculture +Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 +(7 U.S.C. 2263), that-- + (1) creates new programs; + (2) eliminates a program, project, or activity; + (3) increases funds or personnel by any means for any + project or activity for which funds have been denied or + restricted; + (4) relocates an office or employees; + (5) reorganizes offices, programs, or activities; or + (6) contracts out or privatizes any functions or activities + presently performed by Federal employees. + (b) None of the funds provided by this Act, or provided by previous +appropriations Acts to the Department of Agriculture that remain +available for obligation or expenditure in the current fiscal year, or +provided from any accounts in the Treasury derived by the collection of +fees available to the Department of Agriculture, shall be available for +obligation or expenditure for activities, programs, or projects through +use of the authorities referred to in subsection (a) involving funds in +excess of $500,000 or 10 percent, whichever is less, that-- + (1) augments existing programs, projects, or activities; + (2) reduces by 10 percent funding for any existing program, + project, or activity, or numbers of personnel by 10 percent as + approved by Congress; or + (3) results from any general savings from a reduction in + personnel which would result in a change in existing programs, + projects, or activities as approved by Congress. + (c) The Secretary of Agriculture may not implement any program, +project, or activity not carried out during the previous fiscal year +unless the program, project, or activity is funded by this Act or +specifically funded by any other Act. + (d) None of the funds provided by this Act, or provided by previous +appropriations Acts to the Department of Agriculture that remain +available for obligation or expenditure in the current fiscal year, or +provided from any accounts in the Treasury derived by the collection of +fees available to the Department of Agriculture shall be available +for-- + (1) modifying major capital investments funding levels, + including information technology systems, that involves + increasing or decreasing funds in the current fiscal year for + the individual investment in excess of $500,000 or 10 percent + of the total cost, whichever is less; or + (2) realigning or reorganizing new, current, or vacant + positions or agency activities or functions to establish a + center, office, branch, or similar entity with five or more + personnel. + Sec. 717. (a) None of the funds provided by this Act, or provided +by previous appropriations Acts to the Food and Drug Administration or +the Commodity Futures Trading Commission that remain available for +obligation or expenditure in the current fiscal year, or provided from +any accounts in the Treasury derived by the collection of fees +available to those agencies, shall be available for obligation or +expenditure through a reprogramming, or a transfer of funds, that-- + (1) creates new programs; + (2) eliminates a program, project, or activity; + (3) increases funds or personnel by any means for any + project or activity for which funds have been denied or + restricted; + (4) relocates an office or employees; + (5) reorganizes offices, programs, or activities; or + (6) contracts out or privatizes any functions or activities + presently performed by Federal employees; +unless the Secretary of Health and Human Services or the Chairman of +the Commodity Futures Trading Commission (as the case may be) notifies +in writing, and receives approval from, the Committees on +Appropriations of both Houses of Congress at least 30 days in advance +of the reprogramming of such funds or the use of such transfer +authority. + (b) None of the funds provided by this Act, or provided by previous +appropriations Acts to the Food and Drug Administration or the +Commodity Futures Trading Commission that remain available for +obligation or expenditure in the current fiscal year, or provided from +any accounts in the Treasury derived by the collection of fees +available to those agencies, shall be available for obligation or +expenditure for programs, projects, or activities through a +reprogramming or use of the transfer authority referred to in +subsection (a) involving funds in excess of $500,000 or 10 percent, +whichever is less, that-- + (1) augments existing programs, projects, or activities; + (2) reduces by 10 percent funding for any existing program, + project, or activity, or numbers of personnel by 10 percent as + approved by Congress; or + (3) results from any general savings from a reduction in + personnel which would result in a change in existing programs, + projects, or activities as approved by Congress; +unless the Secretary of Health and Human Services or the Chairman of +the Commodity Futures Trading Commission (as the case may be) notifies +in writing, and receives approval from, the Committees on +Appropriations of both Houses of Congress at least 30 days in advance +of the reprogramming of such funds or the use of such transfer +authority. + (c) The Secretary of Health and Human Services or the Chairman of +the Commodity Futures Trading Commission (as the case may be) shall +notify in writing and receive approval from the Committees on +Appropriations of both Houses of Congress before implementing any +program, project, or activity not carried out during the previous +fiscal year unless the program, project, or activity is funded by this +Act or specifically funded by any other Act. + (d) None of the funds provided by this Act, or provided by previous +appropriations Acts to the Food and Drug Administration or the +Commodity Futures Trading Commission (as the case may be) that remain +available for obligation or expenditure in the current fiscal year, or +provided from any accounts in the Treasury derived by the collection of +fees available to those agencies, shall be available for-- + (1) modifying major capital investments funding levels, + including information technology systems, that involves + increasing or decreasing funds in the current fiscal year for + the individual investment in excess of $500,000 or 10 percent + of the total cost, whichever is less; + (2) realigning or reorganizing new, current, or vacant + positions or agency activities or functions to establish a + center, office, branch, or similar entity with five or more + personnel; or + (3) carrying out activities or functions that were not + described in the budget request; +unless the Secretary of Health and Human Services or the Chairman of +the Commodity Futures Trading Commission (as the case may be) notifies +in writing, and receives approval from, the Committees on +Appropriations of both Houses of Congress at least 30 days in advance +of using the funds for these purposes. + (e) As described in this section, no funds may be used for any +activities unless the Secretary of Health and Human Services or the +Chairman of the Commodity Futures Trading Commission (as the case may +be) receives from the Committee on Appropriations of both Houses of +Congress written or electronic mail confirmation of receipt of the +notification as required in this section. + Sec. 718. Notwithstanding section 310B(g)(5) of the Consolidated +Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may +assess a one-time fee for any guaranteed business and industry loan in +an amount that does not exceed 3 percent of the guaranteed principal +portion of the loan. + Sec. 719. None of the funds appropriated or otherwise made +available to the Department of Agriculture, the Food and Drug +Administration, the Commodity Futures Trading Commission, or the Farm +Credit Administration shall be used to transmit or otherwise make +available reports, questions, or responses to questions that are a +result of information requested for the appropriations hearing process +to any non-Department of Agriculture, non-Department of Health and +Human Services, non-Commodity Futures Trading Commission, or non-Farm +Credit Administration employee. + Sec. 720. Unless otherwise authorized by existing law, none of the +funds provided in this Act, may be used by an executive branch agency +to produce any prepackaged news story intended for broadcast or +distribution in the United States unless the story includes a clear +notification within the text or audio of the prepackaged news story +that the prepackaged news story was prepared or funded by that +executive branch agency. + Sec. 721. No employee of the Department of Agriculture may be +detailed or assigned from an agency or office funded by this Act or any +other Act to any other agency or office of the Department for more than +60 days in a fiscal year unless the individual's employing agency or +office is fully reimbursed by the receiving agency or office for the +salary and expenses of the employee for the period of assignment. + Sec. 722. For the purposes of determining eligibility or level of +program assistance for Rural Development programs the Secretary shall +not include incarcerated prison populations. + Sec. 723. Not later than 30 days after the date of enactment of +this Act, the Secretary of Agriculture, the Commissioner of the Food +and Drug Administration, the Chairman of the Commodity Futures Trading +Commission, and the Chairman of the Farm Credit Administration shall +submit to the Committees on Appropriations of both Houses of Congress a +detailed spending plan by program, project, and activity for all the +funds made available under this Act including appropriated user fees, +as defined in the joint explanatory statement accompanying this Act. + Sec. 724. Of the unobligated balances from amounts made available +for the supplemental nutrition program as authorized by section 17 of +the Child Nutrition Act of 1966 (42 U.S.C. 1786), $800,000,000 are +hereby rescinded. + Sec. 725. The Secretary shall continue an intermediary loan +packaging program based on the pilot program in effect for fiscal year +2013 for packaging and reviewing section 502 single family direct +loans. The Secretary shall continue agreements with current +intermediary organizations and with additional qualified intermediary +organizations. The Secretary shall work with these organizations to +increase effectiveness of the section 502 single family direct loan +program in rural communities and shall set aside and make available +from the national reserve section 502 loans an amount necessary to +support the work of such intermediaries and provide a priority for +review of such loans. + Sec. 726. For loans and loan guarantees that do not require budget +authority and the program level has been established in this Act, the +Secretary of Agriculture may increase the program level for such loans +and loan guarantees by not more than 25 percent: Provided, That prior +to the Secretary implementing such an increase, the Secretary notifies, +in writing, the Committees on Appropriations of both Houses of Congress +at least 15 days in advance. + Sec. 727. None of the credit card refunds or rebates transferred +to the Working Capital Fund pursuant to section 729 of the Agriculture, +Rural Development, Food and Drug Administration, and Related Agencies +Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be +available for obligation without written notification to, and the prior +approval of, the Committees on Appropriations of both Houses of +Congress: Provided, That the refunds or rebates so transferred shall +be available for obligation only for the acquisition of plant and +capital equipment necessary for the delivery of financial, +administrative, and information technology services of primary benefit +to the agencies of the Department of Agriculture. + Sec. 728. None of the funds made available by this Act may be used +to implement, administer, or enforce the ``variety'' requirements of +the final rule entitled ``Enhancing Retailer Standards in the +Supplemental Nutrition Assistance Program (SNAP)'' published by the +Department of Agriculture in the Federal Register on December 15, 2016 +(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the +definition of the term ``variety'' as de fined in section +278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and +``variety'' as applied in the definition of the term ``staple food'' as +defined in section 271.2 of title 7, Code of Federal Regulations, to +increase the number of items that qualify as acceptable varieties in +each staple food category so that the total number of such items in +each staple food category exceeds the number of such items in each +staple food category included in the final rule as published on +December 15, 2016: Provided, That until the Secretary promulgates such +regulatory amendments, the Secretary shall apply the requirements +regarding acceptable varieties and breadth of stock to Supplemental +Nutrition Assistance Program retailers that were in effect on the day +before the date of the enactment of the Agricultural Act of 2014 +(Public Law 113-79). + Sec. 729. In carrying out subsection (h) of section 502 of the +Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture +shall have the same authority with respect to loans guaranteed under +such section and eligible lenders for such loans as the Secretary has +under subsections (h) and (j) of section 538 of such Act (42 U.S.C. +1490p-2) with respect to loans guaranteed under such section 538 and +eligible lenders for such loans. + Sec. 730. None of the funds made available by this Act may be used +to propose, promulgate, or implement any rule, or take any other action +with respect to, allowing or requiring information intended for a +prescribing health care professional, in the case of a drug or +biological product subject to section 503(b)(1) of the Federal Food, +Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such +professional electronically (in lieu of in paper form) unless and until +a Federal law is enacted to allow or require such distribution. + Sec. 731. None of the funds made available by this or any other +Act may be used to carry out the final rule promulgated by the Food and +Drug Administration and put into effect November 16, 2015, in regards +to the hazard analysis and risk-based preventive control requirements +of the current good manufacturing practice, hazard analysis, and risk- +based preventive controls for food for animals rule with respect to the +regulation of the production, distribution, sale, or receipt of dried +spent grain byproducts of the alcoholic beverage production process. + Sec. 732. Funds made available under title II of the Food for +Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide +assistance to recipient nations if adequate monitoring and controls, as +determined by the Administrator, are in place to ensure that emergency +food aid is received by the intended beneficiaries in areas affected by +food shortages and not diverted for unauthorized or inappropriate +purposes. + Sec. 733. There is hereby appropriated $15,000,000, to remain +available until expended, to carry out section 6407 of the Farm +Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, +That the Secretary may allow eligible entities, or comparable entities +that provide energy efficiency services using their own billing +mechanism to offer loans to customers in any part of their service +territory and to offer loans to replace a manufactured housing unit +with another manufactured housing unit, if replacement would be more +cost effective in saving energy. + Sec. 734. (a) The Secretary of Agriculture shall-- + (1) conduct audits in a manner that evaluates the following + factors in the country or region being audited, as applicable-- + (A) veterinary control and oversight; + (B) disease history and vaccination practices; + (C) livestock demographics and traceability; + (D) epidemiological separation from potential + sources of infection; + (E) surveillance practices; + (F) diagnostic laboratory capabilities; and + (G) emergency preparedness and response; and + (2) promptly make publicly available the final reports of + any audits or reviews conducted pursuant to subsection (1). + (b) This section shall be applied in a manner consistent with +United States obligations under its international trade agreements. + Sec. 735. No food that bears or contains partially hydrogenated +oils (as defined in the order published by the Food and Drug +Administration in the Federal Register on June 17, 2015 (80 Fed. Reg. +34650 et seq.)) shall be considered to be adulterated within the +meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of the +Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such +food contains such partially hydrogenated oils until the applicable +compliance dates specified by FDA in the Federal Register on May 21, +2018 (83 Fed. Reg. 23358 et seq.). + Sec. 736. None of the funds made available by this Act may be used +to carry out any activities or incur any expense related to the +issuance of licenses under section 3 of the Animal Welfare Act (7 +U.S.C. 2133), or the renewal of such licenses, to class B dealers who +sell dogs and cats for use in research, experiments, teaching, or +testing. + Sec. 737. (a)(1) No Federal funds made available for this fiscal +year for the rural water, waste water, waste disposal, and solid waste +management programs authorized by sections 306, 306A, 306C, 306D, 306E, +and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. +1926 et seq.) shall be used for a project for the construction, +alteration, maintenance, or repair of a public water or wastewater +system unless all of the iron and steel products used in the project +are produced in the United States. + (2) In this section, the term ``iron and steel products'' means the +following products made primarily of iron or steel: lined or unlined +pipes and fittings, manhole covers and other municipal castings, +hydrants, tanks, flanges, pipe clamps and restraints, valves, +structural steel, reinforced precast concrete, and construction +materials. + (b) Subsection (a) shall not apply in any case or category of cases +in which the Secretary of Agriculture (in this section referred to as +the ``Secretary'') or the designee of the Secretary finds that-- + (1) applying subsection (a) would be inconsistent with the + public interest; + (2) iron and steel products are not produced in the United + States in sufficient and reasonably available quantities or of + a satisfactory quality; or + (3) inclusion of iron and steel products produced in the + United States will increase the cost of the overall project by + more than 25 percent. + (c) If the Secretary or the designee receives a request for a +waiver under this section, the Secretary or the designee shall make +available to the public on an informal basis a copy of the request and +information available to the Secretary or the designee concerning the +request, and shall allow for informal public input on the request for +at least 15 days prior to making a finding based on the request. The +Secretary or the designee shall make the request and accompanying +information available by electronic means, including on the official +public Internet Web site of the Department. + (d) This section shall be applied in a manner consistent with +United States obligations under international agreements. + (e) The Secretary may retain up to 0.25 percent of the funds +appropriated in this Act for ``Rural Utilities Service--Rural Water and +Waste Disposal Program Account'' for carrying out the provisions +described in subsection (a)(1) for management and oversight of the +requirements of this section. + (f) Subsection (a) shall not apply with respect to a project for +which the engineering plans and specifications include use of iron and +steel products otherwise prohibited by such subsection if the plans and +specifications have received required approvals from State agencies +prior to the date of enactment of this Act. + (g) For purposes of this section, the terms ``United States'' and +``State'' shall include each of the several States, the District of +Columbia, and each federally recognized Indian tribe. + Sec. 738. None of the funds appropriated by this Act may be used +in any way, directly or indirectly, to influence congressional action +on any legislation or appropriation matters pending before Congress, +other than to communicate to Members of Congress as described in 18 +U.S.C. 1913. + Sec. 739. None of the funds made available by this Act may be used +to procure raw or processed poultry products imported into the United +States from the People's Republic of China for use in the school lunch +program under the Richard B. Russell National School Lunch Act (42 +U.S.C. 1751 et seq.), the Child and Adult Care Food Program under +section 17 of such Act (42 U.S.C. 1766), the Summer Food Service +Program for Children under section 13 of such Act (42 U.S.C. 1761), or +the school breakfast program under the Child Nutrition Act of 1966 (42 +U.S.C. 1771 et seq.). + Sec. 740. None of the funds made available by this Act may be used +to pay the salaries or expenses of personnel-- + (1) to inspect horses under section 3 of the Federal Meat + Inspection Act (21 U.S.C. 603); + (2) to inspect horses under section 903 of the Federal + Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 + note; Public Law 104-127); or + (3) to implement or enforce section 352.19 of title 9, Code + of Federal Regulations (or a successor regulation). + Sec. 741. Of the total amounts made available by this Act for +direct loans and grants in section 733 and in the following headings: +``Rural Housing Service--Rural Housing Insurance Fund Program +Account''; ``Rural Housing Service--Mutual and Self-Help Housing +Grants''; ``Rural Housing Service--Rural Housing Assistance Grants''; +``Rural Housing Service--Rural Community Facilities Program Account''; +``Rural Business-Cooperative Service--Rural Business Program Account''; +``Rural Business-Cooperative Service--Rural Economic Development Loans +Program Account''; ``Rural Business-Cooperative Service--Rural +Cooperative Development Grants''; ``Rural Utilities Service--Rural +Water and Waste Disposal Program Account''; ``Rural Utilities Service-- +Rural Electrification and Telecommunications Loans Program Account''; +and ``Rural Utilities Service--Distance Learning, Telemedicine, and +Broadband Program'', to the maximum extent feasible, at least 10 +percent of the funds shall be allocated for assistance in persistent +poverty counties under this section, including, notwithstanding any +other provision regarding population limits, any county seat of such a +persistent poverty county that has a population that does not exceed +the authorized population limit by more than 10 percent: Provided, +That for purposes of this section, the term ``persistent poverty +counties'' means any county that has had 20 percent or more of its +population living in poverty over the past 30 years, as measured by the +1990 and 2000 decennial censuses, and 2007-2011 American Community +Survey 5-year average, or any territory or possession of the United +States: Provided further, That with respect to specific activities for +which program levels have been made available by this Act that are not +supported by budget authority, the requirements of this section shall +be applied to such program level. + Sec. 742. (a) No funds shall be used to finalize the proposed rule +entitled ``Eligibility of the People's Republic of China (PRC) to +Export to the United States Poultry Products from Birds Slaughtered in +the PRC'' published in the Federal Register by the Department of +Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary +of Agriculture shall-- + (1) ensure that the poultry slaughter inspection system for + the PRC is equivalent to that of the United States; + (2) ensure that, before any poultry products can enter the + United States from any such poultry plant, such poultry + products comply with all other applicable requirements for + poultry products in interstate commerce in the United States; + (3) conduct periodic verification reviews and audits of any + such plants in the PRC intending to export into the United + States processed poultry products; + (4) conduct re-inspection of such poultry products at + United States ports-of-entry to check the general condition of + such products, for the proper certification and labeling of + such products, and for any damage to such products that may + have occurred during transportation; and + (5) ensure that shipments of any such poultry products + selected to enter the United States are subject to additional + re-inspection procedures at appropriate levels to verify that + the products comply with relevant Federal regulations or + standards, including examinations for product defects and + laboratory analyses to detect harmful chemical residues or + pathogen testing appropriate for the products involved. + (b) This section shall be applied in a manner consistent with +obligations of the United States under any trade agreement to which the +United States is a party. + Sec. 743. In addition to any other funds made available in this +Act or any other Act, there is appropriated $5,000,000 (increased by +$1,000,000) to carry out section 18(g)(8) of the Richard B. Russell +National School Lunch Act (42 U.S.C. 1769(g)), to remain available +until expended. + Sec. 744. There is hereby appropriated $10,000,000, to remain +available until September 30, 2021, for the cost of loans and grants +that is consistent with section 4206 of the Agricultural Act of 2014, +for necessary expenses of the Secretary to support projects that +provide access to healthy food in underserved areas, to create and +preserve quality jobs, and to revitalize low-income communities. + Sec. 745. For an additional amount for ``Animal and Plant Health +Inspection Service--Salaries and Expenses'', $8,500,000, to remain +available until September 30, 2021, for one-time control and management +and associated activities directly related to the multiple-agency +response to citrus greening. + Sec. 746. None of the funds made available by this or any other +Act may be used to enforce the final rule promulgated by the Food and +Drug Administration entitled ``Standards for the Growing, Harvesting, +Packing, and Holding of Produce for Human Consumption,'' and published +on November 27, 2015, with respect to the regulation of entities that +grow, harvest, pack, or hold wine grapes, hops, pulse crops, or +almonds. + Sec. 747. For school year 2020-2021, only a school food authority +that had a negative balance in the nonprofit school food service +account as of December 31, 2019, shall be required to establish a price +for paid lunches in accordance with Section 12(p) of the Richard B. +Russell National School Lunch Act, 42 U.S.C. 1760(p). + Sec. 748. (a) There is hereby appropriated $463,000,000 (increased +by $55,000,000), to remain available until expended, for an additional +amount for section 779 of Public Law 115-141. + (b) Section 313 of the Rural Electrification Act of 1936, as +amended (7 U.S.C. 940c), shall be applied for fiscal year 2019 and each +fiscal year thereafter until the specified funding has been expended as +if the following were inserted after the final period in subsection +(b)(2): In addition, the Secretary shall use $87,000,000 of funds +available in this subaccount in fiscal year 2020 for an additional +amount for the same purpose and under the same terms and conditions as +funds appropriated by section 779 of Public Law 115-141: Provided, +That prior to any use of such funds, the Secretary shall provide +written notification to the Committees on Appropriations of both Houses +of Congress at least 30 days in advance. + Sec. 749. There is hereby appropriated $5,000,000, to remain +available until September 30, 2021, for a pilot program for the +National Institute of Food and Agriculture to provide grants to +nonprofit organizations for programs and services to establish and +enhance farming and ranching opportunities for military veterans. + Sec. 750. None of the funds made available by this Act may be used +to implement or enforce the matter following the first comma in the +second sentence of footnote (c) of section 220.8(c) of title 7, Code of +Federal Regulations, with respect to the substitution of vegetables for +fruits under the school breakfast program established under section 4 +of the Child Nutrition Act of 1966 (42 U.S.C. 1773). + Sec. 751. Out of amounts appropriated to the Food and Drug +Administration under title VI, the Secretary of Health and Human +Services, acting through the Commissioner of Food and Drugs, shall, not +later than July 1, 2020, and following the review required under +Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory +planning and review), issue advice revising the advice provided in the +notice of availability entitled ``Advice About Eating Fish, From the +Environmental Protection Agency and Food and Drug Administration; +Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19, +2017)), in a manner that is consistent with nutrition science +recognized by the Food and Drug Administration on the net effects of +seafood consumption. + Sec. 752. In addition to any funds made available in this Act or +any other Act, there is hereby appropriated $10,000,000, to remain +available until September 30, 2021, for grants from the National +Institute of Food and Agriculture to the 1890 Institutions to support +the Centers of Excellence. + Sec. 753. There is hereby appropriated $1,000,000 for the +Secretary of Agriculture to carry out a pilot program that assists +rural hospitals to improve long-term operations and financial health by +providing technical assistance through analysis of current hospital +management practices. + Sec. 754. There is hereby appropriated $2,000,000, to remain +available until expended, for grants under section 12502 of Public Law +115-334. + Sec. 755. The funds provided in section 753 of the Agriculture, +Rural Development, Food and Drug Administration, and Related Agencies +Appropriations Act, 2018, are rescinded. + Sec. 756. Not later than 180 days after the date of the enactment +of this Act, the Secretary of Agriculture shall issue a final rule +based on the proposed rule entitled ``National Organic Program; Origin +of Livestock,'' published in the Federal Register on April 28, 2015 (80 +Fed. Reg. 23455): Provided, That the final rule shall incorporate +public comments submitted in response to the proposed rule. + Sec. 757. There is hereby appropriated $3,000,000, to remain +available until September 30, 2021, to carry out section 4003(b) of +Public Law 115-334 relating to demonstration projects for Tribal +Organizations. + Sec. 758. Hereafter, and not withstanding any other provision of +law, no funds available to the Department of Agriculture may be used to +relocate an agency, or any part of an agency, that was located within +the National Capital Region on August 1, 2018, to a site outside of the +National Capital Region in the absence of the prior enactment of a +specific appropriation for that relocation. + Sec. 759. Hereafter, and notwithstanding any other provision of +law, no funds available to the Department of Agriculture may be used to +move any agency from the mission area in which it was located on August +1, 2018, to any other mission area or office within the Department in +the absence of the enactment of specific legislation affirming such +move. + Sec. 760. The Animal and Plant Health Inspection Service shall, +notwithstanding any other provision of law-- + (1) within 60 calendar days, restore on its website the + searchable database and its contents that were available on + January 30, 2017, and all content generated since that date; + and + (2) hereafter, make publicly available via searchable + database, in their entirety without redactions except + signatures, the following-- + (A) all Animal Welfare Act inspection reports, + including all reports documenting all AWA non- + compliances observed by USDA officials and all animal + inventories; + (B) all Animal Welfare Act and Horse Protection Act + enforcement records; + (C) all reports or other materials documenting any + non-compliances observed by USDA officials; and + (D) all Animal Welfare Act research facility annual + reports, including their attachments. + Sec. 761. There is hereby appropriated $1,000,000 to carry out +section 3307 of Public Law 115-334. + Sec. 762. The Secretary of Agriculture may waive the matching +funds requirement under Section 412(g) of the Agricultural Research, +Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)). + Sec. 763. There is hereby appropriated $10,000,000, to remain +available until September 30, 2021, to carry out section 23 of the +Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $1,000,000 shall +be for grants under such section to the Commonwealth of Puerto Rico, +the Commonwealth of the Northern Mariana Islands, the United States +Virgin Islands, and American Samoa. + Sec. 764. There is hereby appropriated $1,000,000 to carry out +section 12607(b) of Public Law 115-334. + Sec. 765. Section 2 of the Rural Electrification Act of 1936 (7 +U.S.C. 902) is amended in subsection (a) by striking ``made by the +Secretary'' and inserting ``made or guaranteed by the Secretary''. + Sec. 766. The National Bio and Agro-Defense Facility shall be +transferred without reimbursement from the Secretary of Homeland +Security to the Secretary of Agriculture. + Sec. 767. Any funds made available by this or any other Act that +the Secretary withholds pursuant to section 1668(g)(2) of the Food, +Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)), +as amended, shall be available for grants for biotechnology risk +assessment research: Provided, That the Secretary may transfer such +funds to appropriations of the Department of Agriculture. + Sec. 768. There is hereby appropriated $5,000,000 to carry out +section 222 of Subtitle A of the Department of Agriculture +Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section 12302 +of Public Law 115-334. + Sec. 769. There is hereby appropriated $400,000 to carry out +section 224 of Subtitle A of the Department of Agriculture +Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504 +of Public Law 115-334. + Sec. 770. There is hereby appropriated $1,000,000, to remain +available until September 30, 2021, to carry out section 4208 of Public +Law 115-334. + Sec. 771. There is hereby appropriated $400,000 to carry out +section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade +Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of +Public Law 115-334. + Sec. 772. There is hereby appropriated $10,000,000 to carry out +section 12301 of Public Law 115-334. + Sec. 773. There is hereby appropriated $2,500,000 to carry out +section 1450 of the National Agricultural Research, Extension, and +Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120 +of Public Law 115-334. + Sec. 774. There is hereby appropriated $1,000,000 to carry out +section 1671 of the Food, Agriculture, Conservation, and Trade Act of +1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334. + Sec. 775. There is hereby appropriated $5,000,000 to carry out +section 310I of Subtitle A of Title III of the Consolidated Farm and +Rural Development Act (7 U.S.C. 1936c) as amended by section 5104 of +Public Law 115-334. + Sec. 776. There is hereby appropriated $7,000,000 for the purposes +described in the paragraph entitled ``Nutrition Assistance Program +(NAP) Study'' under the Supplemental Nutrition Assistance Program +included in the report accompanying this Act. + Sec. 777. There is hereby appropriated $5,000,000 (increased by +$5,000,000) to remain available until September 30, 2021, to carry out +section 4206 of Public Law 115-334. + Sec. 778. None of the funds made available by this Act may be used +to notify a sponsor or otherwise acknowledge receipt of a submission +for an exemption for investigational use of a drug or biological +product under section 505(i) of the Federal Food, Drug, and Cosmetic +Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health +Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo +is intentionally created or modified to include a heritable genetic +modification. Any such submission shall be deemed to have not been +received by the Secretary, and the exemption may not go into effect. + Sec. 779. None of the funds made available to the Department of +Agriculture shall be used to finalize, issue, or implement the proposed +rule entitled ``Modernization of Swine Slaughter Inspection'' published +in the Federal Register by the Food Safety Inspection Service on +February 1, 2018 (83 Fed. Reg. 4780 et seq.), including insofar as such +rule relates to converting establishments, until-- + (1) the Office of the Inspector General of the Department + of Agriculture has provided to the Food Safety and Inspection + Service and the Committees on Appropriations of the House of + Representatives and the Senate findings on the data used in + support of the development and design of the swine slaughter + inspection program that is the subject of such proposed rule; + and + (2) the Food Safety and Inspection Service has addressed + and resolved issues identified by the Inspector General in the + findings referred to in paragraph (1). + Sec. 780. None of the funds made available by this Act may be used +to-- + (1) transfer the functions of, or eliminate, a Forest + Service Job Corps Civilian Conservation Center; or + (2) alter the jurisdiction of the Secretary of Agriculture + with respect to the operation of such a Forest Service Job + Corps Civilian Conservation Center, as such jurisdiction was in + effect on January 1, 2019. + Sec. 781. Except as expressly provided otherwise, any reference to +``this Act'' contained in this division shall be treated as referring +only to the provisions of this division. + Sec. 782. Any reference to a ``report accompanying this Act'' +contained in this division shall be treated as a reference to House +Report 116-107. The effect of such Report shall be limited to this +division and shall apply for purposes of determining the allocation of +funds provided by, and the implementation of, this division. + Sec. 783. There is appropriated, for salaries and expenses of the +Farm Service Agency to carry out section 1621 of the Food, +Conservation, and Energy Act of 2008 (7 U.S.C. 8792), $1,996,000, to be +derived from a reduction of $2,000,000 in the amount provided in this +Act for the item for ``Office of the Secretary'' and ``Office of the +Secretary--Office of Communications''. + Sec. 784. None of the funds made available by this Act may be used +to remove the term ``climate change'' from any publication of any +entity for which such funds are made available. + This Act may be cited as the ``Agriculture, Rural Development, Food +and Drug Administration, and Related Agencies Appropriations Act, +2020''. + + DIVISION C--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED + AGENCIES APPROPRIATIONS ACT, 2020 + + The following sums are appropriated, out of any money in the +Treasury not otherwise appropriated, for the Department of the +Interior, environment, and related agencies for the fiscal year ending +September 30, 2020, and for other purposes, namely: + + TITLE I + + DEPARTMENT OF THE INTERIOR + + Bureau of Land Management + + management of lands and resources + + (including rescission of funds) + + For necessary expenses for protection, use, improvement, +development, disposal, cadastral surveying, classification, acquisition +of easements and other interests in lands, and performance of other +functions, including maintenance of facilities, as authorized by law, +in the management of lands and their resources under the jurisdiction +of the Bureau of Land Management, including the general administration +of the Bureau, and assessment of mineral potential of public lands +pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), +$1,265,097,000, to remain available until September 30, 2021; of which +$125,653,000 (increased by $1,500,000) (reduced by $1,500,000) for +annual and deferred maintenance shall remain available until expended, +and of which $6,000,000 is for a pilot program to complement activities +authorized by Public Law 92-195: Provided, That amounts in the fee +account of the Bureau of Land Management permit process improvement +fund may be used for bureau-related expenses directly associated with +the processing of oil and gas applications for permits to drill and +related use of authorizations. + In addition, $39,696,000 is for Mining Law Administration program +operations, including the cost of administering the mining claim fee +program, to remain available until expended, to be reduced by amounts +collected by the Bureau and credited to this appropriation from mining +claim maintenance fees and location fees that are hereby authorized for +fiscal year 2020, so as to result in a final appropriation estimated at +not more than $1,265,097,000, and $2,000,000, to remain available until +expended, from communication site rental fees established by the Bureau +for the cost of administering communication site activities. + Of the unobligated balances from amounts made available under this +heading in fiscal year 2016 or before, $14,000,000 is permanently +rescinded: Provided, That no amounts may be rescinded from amounts +that were designated by the Congress as an emergency requirement +pursuant to the Concurrent Resolution on the Budget or the Balanced +Budget and Emergency Deficit Control Act of 1985. + + construction + + (including rescission of funds) + + Of the unobligated balances from amounts made available under this +heading $5,000,000 is permanently rescinded: Provided, That no amounts +may be rescinded from amounts that were designated by the Congress as +an emergency requirement pursuant to the Concurrent Resolution on the +Budget or the Balanced Budget and Emergency Deficit Control Act of +1985. + + land acquisition + + For expenses necessary to carry out sections 205, 206, and 318(d) +of Public Law 94-579, including administrative expenses and acquisition +of lands or waters, or interests therein, $33,800,000, to be derived +from the Land and Water Conservation Fund and to remain available until +expended. + + oregon and california grant lands + + For expenses necessary for management, protection, and development +of resources and for construction, operation, and maintenance of access +roads, reforestation, and other improvements on the revested Oregon and +California Railroad grant lands, on other Federal lands in the Oregon +and California land-grant counties of Oregon, and on adjacent rights- +of-way; and acquisition of lands or interests therein, including +existing connecting roads on or adjacent to such grant lands; +$117,195,000, to remain available until expended: Provided, That 25 +percent of the aggregate of all receipts during the current fiscal year +from the revested Oregon and California Railroad grant lands is hereby +made a charge against the Oregon and California land-grant fund and +shall be transferred to the General Fund in the Treasury in accordance +with the second paragraph of subsection (b) of title II of the Act of +August 28, 1937 (43 U.S.C. 2605). + + range improvements + + For rehabilitation, protection, and acquisition of lands and +interests therein, and improvement of Federal rangelands pursuant to +section 401 of the Federal Land Policy and Management Act of 1976 (43 +U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent +of all moneys received during the prior fiscal year under sections 3 +and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount +designated for range improvements from grazing fees and mineral leasing +receipts from Bankhead-Jones lands transferred to the Department of the +Interior pursuant to law, but not less than $10,000,000, to remain +available until expended: Provided, That not to exceed $600,000 shall +be available for administrative expenses. + + service charges, deposits, and forfeitures + + For administrative expenses and other costs related to processing +application documents and other authorizations for use and disposal of +public lands and resources, for costs of providing copies of official +public land documents, for monitoring construction, operation, and +termination of facilities in conjunction with use authorizations, and +for rehabilitation of damaged property, such amounts as may be +collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under +section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain +available until expended: Provided, That notwithstanding any provision +to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. +1735(a)), any moneys that have been or will be received pursuant to +that section, whether as a result of forfeiture, compromise, or +settlement, if not appropriate for refund pursuant to section 305(c) of +that Act (43 U.S.C. 1735(c)), shall be available and may be expended +under the authority of this Act by the Secretary to improve, protect, +or rehabilitate any public lands administered through the Bureau of +Land Management which have been damaged by the action of a resource +developer, purchaser, permittee, or any unauthorized person, without +regard to whether all moneys collected from each such action are used +on the exact lands damaged which led to the action: Provided further, +That any such moneys that are in excess of amounts needed to repair +damage to the exact land for which funds were collected may be used to +repair other damaged public lands. + + miscellaneous trust funds + + In addition to amounts authorized to be expended under existing +laws, there is hereby appropriated such amounts as may be contributed +under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such +amounts as may be advanced for administrative costs, surveys, +appraisals, and costs of making conveyances of omitted lands under +section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available +until expended. + + administrative provisions + + The Bureau of Land Management may carry out the operations funded +under this Act by direct expenditure, contracts, grants, cooperative +agreements and reimbursable agreements with public and private +entities, including with States. Appropriations for the Bureau shall be +available for purchase, erection, and dismantlement of temporary +structures, and alteration and maintenance of necessary buildings and +appurtenant facilities to which the United States has title; up to +$100,000 for payments, at the discretion of the Secretary, for +information or evidence concerning violations of laws administered by +the Bureau; miscellaneous and emergency expenses of enforcement +activities authorized or approved by the Secretary and to be accounted +for solely on the Secretary's certificate, not to exceed $10,000: +Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the +Bureau may, under cooperative cost-sharing and partnership arrangements +authorized by law, procure printing services from cooperators in +connection with jointly produced publications for which the cooperators +share the cost of printing either in cash or in services, and the +Bureau determines the cooperator is capable of meeting accepted quality +standards: Provided further, That projects to be funded pursuant to a +written commitment by a State government to provide an identified +amount of money in support of the project may be carried out by the +Bureau on a reimbursable basis. Appropriations herein made shall not be +available for the destruction of healthy, unadopted, wild horses and +burros in the care of the Bureau or its contractors or for the sale of +wild horses and burros that results in their destruction for processing +into commercial products. + + United States Fish and Wildlife Service + + resource management + + (including rescission of funds) + + For necessary expenses of the United States Fish and Wildlife +Service, as authorized by law, and for scientific and economic studies, +general administration, and for the performance of other authorized +functions related to such resources, $1,364,760,000 (reduced by +$1,720,000) (increased by $1,720,000) (reduced by $200,000) (increased +by $200,000), to remain available until September 30, 2021: Provided, +That not to exceed $23,442,000 shall be used for implementing +subsections (a), (b), (c), and (e) of section 4 of the Endangered +Species Act of 1973 (16 U.S.C. 1533) (except for processing petitions, +developing and issuing proposed and final regulations, and taking any +other steps to implement actions described in subsection (c)(2)(A), +(c)(2)(B)(i), or (c)(2)(B)(ii)). + Of the unobligated balances from amounts made available under this +heading, in accordance with the joint explanatory statement +accompanying the Consolidated Appropriations Act, 2019, for central +office operations in fiscal year 2019, $4,000,000 is permanently +rescinded: Provided, That no amounts may be rescinded from amounts +that were designated by the Congress as an emergency requirement +pursuant to the Concurrent Resolution on the Budget or the Balanced +Budget and Emergency Deficit Control Act of 1985. + + construction + + For construction, improvement, acquisition, or removal of buildings +and other facilities required in the conservation, management, +investigation, protection, and utilization of fish and wildlife +resources, and the acquisition of lands and interests therein; +$15,693,000, to remain available until expended. + + land acquisition + + For expenses necessary to carry out chapter 2003 of title 54, +United States Code, including administrative expenses, and for +acquisition of land or waters, or interest therein, in accordance with +statutory authority applicable to the United States Fish and Wildlife +Service, $67,750,000, to be derived from the Land and Water +Conservation Fund and to remain available until expended, of which, +notwithstanding section 200306 of title 54, United States Code, not +more than $10,000,000 shall be for land conservation partnerships +authorized by the Highlands Conservation Act of 2004, including not to +exceed $320,000 for administrative expenses: Provided, That none of +the funds appropriated for specific land acquisition projects may be +used to pay for any administrative overhead, planning or other +management costs. + + cooperative endangered species conservation fund + + (including rescission of funds) + + For expenses necessary to carry out section 6 of the Endangered +Species Act of 1973 (16 U.S.C. 1535), $63,702,000, to remain available +until expended, of which $23,702,000 is to be derived from the +Cooperative Endangered Species Conservation Fund; and of which +$40,000,000 is to be derived from the Land and Water Conservation Fund. + Of the unobligated balances made available from the Cooperative +Endangered Species Conservation Fund, $10,000,000 is permanently +rescinded: Provided, That no amounts may be rescinded from amounts +that were designated by the Congress as an emergency requirement +pursuant to the Concurrent Resolution on the Budget or the Balanced +Budget and Emergency Deficit Control Act of 1985. + + national wildlife refuge fund + + For expenses necessary to implement the Act of October 17, 1978 (16 +U.S.C. 715s), $13,228,000. + + north american wetlands conservation fund + + For expenses necessary to carry out the provisions of the North +American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), +$50,000,000, to remain available until expended. + + neotropical migratory bird conservation + + For expenses necessary to carry out the Neotropical Migratory Bird +Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to remain +available until expended. + + multinational species conservation fund + + For expenses necessary to carry out the African Elephant +Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant +Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and +Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape +Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine +Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $15,000,000, +to remain available until expended. + + state and tribal wildlife grants + + For wildlife conservation grants to States and to the District of +Columbia, Puerto Rico, Guam, the United States Virgin Islands, the +Northern Mariana Islands, American Samoa, and Indian tribes under the +provisions of the Fish and Wildlife Act of 1956 and the Fish and +Wildlife Coordination Act, for the development and implementation of +programs for the benefit of wildlife and their habitat, including +species that are not hunted or fished, $70,571,000, to remain available +until expended: Provided, That of the amount provided herein, +$5,209,000 is for a competitive grant program for Indian tribes not +subject to the remaining provisions of this appropriation: Provided +further, That $7,362,000 is for a competitive grant program to +implement approved plans for States, territories, and other +jurisdictions and at the discretion of affected States, the regional +Associations of fish and wildlife agencies, not subject to the +remaining provisions of this appropriation: Provided further, That the +Secretary shall, after deducting $12,571,000 and administrative +expenses, apportion the amount provided herein in the following manner: +(1) to the District of Columbia and to the Commonwealth of Puerto Rico, +each a sum equal to not more than one-half of 1 percent thereof; and +(2) to Guam, American Samoa, the United States Virgin Islands, and the +Commonwealth of the Northern Mariana Islands, each a sum equal to not +more than one-fourth of 1 percent thereof: Provided further, That the +Secretary shall apportion the remaining amount in the following manner: +(1) one-third of which is based on the ratio to which the land area of +such State bears to the total land area of all such States; and (2) +two-thirds of which is based on the ratio to which the population of +such State bears to the total population of all such States: Provided +further, That the amounts apportioned under this paragraph shall be +adjusted equitably so that no State shall be apportioned a sum which is +less than 1 percent of the amount available for apportionment under +this paragraph for any fiscal year or more than 5 percent of such +amount: Provided further, That the Federal share of planning grants +shall not exceed 75 percent of the total costs of such projects and the +Federal share of implementation grants shall not exceed 65 percent of +the total costs of such projects: Provided further, That the non- +Federal share of such projects may not be derived from Federal grant +programs: Provided further, That any amount apportioned in 2020 to any +State, territory, or other jurisdiction that remains unobligated as of +September 30, 2021, shall be reapportioned, together with funds +appropriated in 2022, in the manner provided herein. + + administrative provisions + + The United States Fish and Wildlife Service may carry out the +operations of Service programs by direct expenditure, contracts, +grants, cooperative agreements and reimbursable agreements with public +and private entities. Appropriations and funds available to the United +States Fish and Wildlife Service shall be available for repair of +damage to public roads within and adjacent to reservation areas caused +by operations of the Service; options for the purchase of land at not +to exceed $1 for each option; facilities incident to such public +recreational uses on conservation areas as are consistent with their +primary purpose; and the maintenance and improvement of aquaria, +buildings, and other facilities under the jurisdiction of the Service +and to which the United States has title, and which are used pursuant +to law in connection with management, and investigation of fish and +wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the +Service may, under cooperative cost sharing and partnership +arrangements authorized by law, procure printing services from +cooperators in connection with jointly produced publications for which +the cooperators share at least one-half the cost of printing either in +cash or services and the Service determines the cooperator is capable +of meeting accepted quality standards: Provided further, That the +Service may accept donated aircraft as replacements for existing +aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all +fees collected for non-toxic shot review and approval shall be +deposited under the heading ``United States Fish and Wildlife Service-- +Resource Management'' and shall be available to the Secretary, without +further appropriation, to be used for expenses of processing of such +non-toxic shot type or coating applications and revising regulations as +necessary, and shall remain available until expended. + + National Park Service + + operation of the national park system + + For expenses necessary for the management, operation, and +maintenance of areas and facilities administered by the National Park +Service and for the general administration of the National Park +Service, $2,646,979,000, of which $10,282,000 for planning and +interagency coordination in support of Everglades restoration and +$150,980,000 for maintenance, repair, or rehabilitation projects for +constructed assets and $166,575,000 for cyclic maintenance projects for +constructed assets and cultural resources and $5,000,000 shall be for +uses authorized by section 101122 of title 54, United States Code shall +remain available until September 30, 2021: Provided, That funds +appropriated under this heading in this Act are available for the +purposes of section 5 of Public Law 95-348: Provided further, That +notwithstanding section 9(a) of the United States Semiquincentennial +Commission Act of 2016 (Public Law 114-196; 130 Stat. 691), $500,000 of +the funds made available under this heading shall be provided to the +organization selected under section 9(b) of that Act for expenditure by +the United States Semiquincentennial Commission in accordance with that +Act. Provided further, That notwithstanding section 9 of the 400 Years +of African-American History Commission Act (Public Law 115-102; 131 +Stat. 2248), $500,000 (increased by $500,000) of the funds made +available under this heading shall be provided to the 400 Years of +African-American History Commission for expenditure in accordance with +that Act. + + national recreation and preservation + + For expenses necessary to carry out recreation programs, natural +programs, cultural programs, heritage partnership programs, +environmental compliance and review, international park affairs, and +grant administration, not otherwise provided for, $73,508,000. + + historic preservation fund + + For expenses necessary in carrying out the National Historic +Preservation Act (division A of subtitle III of title 54, United States +Code), $121,660,000, to be derived from the Historic Preservation Fund +and to remain available until September 30, 2021, of which $16,000,000 +shall be for Save America's Treasures grants for preservation of +national significant sites, structures and artifacts as authorized by +section 7303 of the Omnibus Public Land Management Act of 2009 (54 +U.S.C. 3089): Provided, That an individual Save America's Treasures +grant shall be matched by non-Federal funds: Provided further, That +individual projects shall only be eligible for one grant: Provided +further, That all projects to be funded shall be approved by the +Secretary of the Interior in consultation with the House and Senate +Committees on Appropriations: Provided further, That of the funds +provided for the Historic Preservation Fund, $750,000 is for +competitive grants for the survey and nomination of properties to the +National Register of Historic Places and as National Historic Landmarks +associated with communities currently under-represented, as determined +by the Secretary, $22,500,000 is for competitive grants to preserve the +sites and stories of the Civil Rights movement, $10,000,000 is for +grants to Historically Black Colleges and Universities, and $5,000,000 +is for competitive grants for the restoration of historic properties of +national, State and local significance listed on or eligible for +inclusion on the National Register of Historic Places, to be made +without imposing the usage or direct grant restrictions of section +101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation +Act: Provided further, That such competitive grants shall be made +without imposing the matching requirements in section 302902(b)(3) of +title 54, United States Code, to States and Indian tribes as defined in +chapter 3003 of such title, Native Hawaiian organizations, local +governments, including Certified Local Governments, and non-profit +organizations. + + construction + + For construction, improvements, repair, or replacement of physical +facilities, and compliance and planning for programs and areas +administered by the National Park Service, $319,704,000 (increased by +$1,000,000) (reduced by $1,000,000), to remain available until +expended: Provided, That notwithstanding any other provision of law, +for any project initially funded in fiscal year 2021 with a future +phase indicated in the National Park Service 5-Year Line Item +Construction Plan, a single procurement may be issued which includes +the full scope of the project: Provided further, That the solicitation +and contract shall contain the clause availability of funds found at 48 +CFR 52.232-18: Provided further, That National Park Service Donations, +Park Concessions Franchise Fees, and Recreation Fees may be made +available for the cost of adjustments and changes within the original +scope of effort for projects funded by the National Park Service +Construction appropriation: Provided further, That the Secretary of +the Interior shall consult with the Committees on Appropriations, in +accordance with current reprogramming thresholds, prior to making any +charges authorized by this section. + + land and water conservation fund + + (rescission) + + The contract authority provided for fiscal year 2020 by section +200308 of title 54, United States Code, is rescinded. + + land acquisition and state assistance + + For expenses necessary to carry out chapter 2003 of title 54, +United States Code, including administrative expenses, and for +acquisition of lands or waters, or interest therein, in accordance with +the statutory authority applicable to the National Park Service, +$208,400,000 (increased by $5,000,000) (reduced by $5,000,000), to be +derived from the Land and Water Conservation Fund and to remain +available until expended, of which $140,000,000 is for the State +assistance program and of which $15,000,000 shall be for the American +Battlefield Protection Program grants as authorized by chapter 3081 of +title 54, United States Code. + + centennial challenge + + For expenses necessary to carry out the provisions of section +101701 of title 54, United States Code, relating to challenge cost +share agreements, $20,000,000, to remain available until expended, for +Centennial Challenge projects and programs: Provided, That not less +than 50 percent of the total cost of each project or program shall be +derived from non-Federal sources in the form of donated cash, assets, +or a pledge of donation guaranteed by an irrevocable letter of credit. + + administrative provisions + + (including transfer of funds) + + In addition to other uses set forth in section 101917(c)(2) of +title 54, United States Code, franchise fees credited to a sub-account +shall be available for expenditure by the Secretary, without further +appropriation, for use at any unit within the National Park System to +extinguish or reduce liability for Possessory Interest or leasehold +surrender interest. Such funds may only be used for this purpose to the +extent that the benefitting unit anticipated franchise fee receipts +over the term of the contract at that unit exceed the amount of funds +used to extinguish or reduce liability. Franchise fees at the +benefitting unit shall be credited to the sub-account of the +originating unit over a period not to exceed the term of a single +contract at the benefitting unit, in the amount of funds so expended to +extinguish or reduce liability. + For the costs of administration of the Land and Water Conservation +Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico +Energy Security Act of 2006 (Public Law 109-432), the National Park +Service may retain up to 3 percent of the amounts which are authorized +to be disbursed under such section, such retained amounts to remain +available until expended. + National Park Service funds may be transferred to the Federal +Highway Administration (FHWA), Department of Transportation, for +purposes authorized under 23 U.S.C. 204. Transfers may include a +reasonable amount for FHWA administrative support costs. + + United States Geological Survey + + surveys, investigations, and research + + For expenses necessary for the United States Geological Survey to +perform surveys, investigations, and research covering topography, +geology, hydrology, biology, and the mineral and water resources of the +United States, its territories and possessions, and other areas as +authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their +mineral and water resources; give engineering supervision to power +permittees and Federal Energy Regulatory Commission licensees; +administer the minerals exploration program (30 U.S.C. 641); conduct +inquiries into the economic conditions affecting mining and materials +processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) +and related purposes as authorized by law; and to publish and +disseminate data relative to the foregoing activities; $1,236,398,000, +to remain available until September 30, 2021; of which $84,337,000 +shall remain available until expended for satellite operations; and of +which $20,164,000 shall be available until expended for deferred +maintenance and capital improvement projects that exceed $100,000 in +cost: Provided, That none of the funds provided for the ecosystem +research activity shall be used to conduct new surveys on private +property, unless specifically authorized in writing by the property +owner: Provided further, That no part of this appropriation shall be +used to pay more than one-half the cost of topographic mapping or water +resources data collection and investigations carried on in cooperation +with States and municipalities. + + administrative provisions + + From within the amount appropriated for activities of the United +States Geological Survey such sums as are necessary shall be available +for contracting for the furnishing of topographic maps and for the +making of geophysical or other specialized surveys when it is +administratively determined that such procedures are in the public +interest; construction and maintenance of necessary buildings and +appurtenant facilities; acquisition of lands for gauging stations, +observation wells, and seismic equipment; expenses of the United States +National Committee for Geological Sciences; and payment of compensation +and expenses of persons employed by the Survey duly appointed to +represent the United States in the negotiation and administration of +interstate compacts: Provided, That activities funded by +appropriations herein made may be accomplished through the use of +contracts, grants, or cooperative agreements as defined in section 6302 +of title 31, United States Code: Provided further, That the United +States Geological Survey may enter into contracts or cooperative +agreements directly with individuals or indirectly with institutions or +nonprofit organizations, without regard to 41 U.S.C. 6101, for the +temporary or intermittent services of students or recent graduates, who +shall be considered employees for the purpose of chapters 57 and 81 of +title 5, United States Code, relating to compensation for travel and +work injuries, and chapter 171 of title 28, United States Code, +relating to tort claims, but shall not be considered to be Federal +employees for any other purposes. + + Bureau of Ocean Energy Management + + ocean energy management + + For expenses necessary for granting and administering leases, +easements, rights-of-way and agreements for use for oil and gas, other +minerals, energy, and marine-related purposes on the Outer Continental +Shelf and approving operations related thereto, as authorized by law; +for environmental studies, as authorized by law; for implementing other +laws and to the extent provided by Presidential or Secretarial +delegation; and for matching grants or cooperative agreements, +$182,781,000, of which $122,781,000 is to remain available until +September 30, 2021, and of which $60,000,000 is to remain available +until expended: Provided, That this total appropriation shall be +reduced by amounts collected by the Secretary and credited to this +appropriation from additions to receipts resulting from increases to +lease rental rates in effect on August 5, 1993, and from cost recovery +fees from activities conducted by the Bureau of Ocean Energy Management +pursuant to the Outer Continental Shelf Lands Act, including studies, +assessments, analysis, and miscellaneous administrative activities: +Provided further, That the sum herein appropriated shall be reduced as +such collections are received during the fiscal year, so as to result +in a final fiscal year 2020 appropriation estimated at not more than +$122,781,000: Provided further, That not to exceed $3,000 shall be +available for reasonable expenses related to promoting volunteer beach +and marine cleanup activities. + + Bureau of Safety and Environmental Enforcement + + offshore safety and environmental enforcement + + For expenses necessary for the regulation of operations related to +leases, easements, rights-of-way and agreements for use for oil and +gas, other minerals, energy, and marine-related purposes on the Outer +Continental Shelf, as authorized by law; for enforcing and implementing +laws and regulations as authorized by law and to the extent provided by +Presidential or Secretarial delegation; and for matching grants or +cooperative agreements, $145,504,000, of which $119,504,000 is to +remain available until September 30, 2021, and of which $26,000,000 is +to remain available until expended: Provided, That this total +appropriation shall be reduced by amounts collected by the Secretary +and credited to this appropriation from additions to receipts resulting +from increases to lease rental rates in effect on August 5, 1993, and +from cost recovery fees from activities conducted by the Bureau of +Safety and Environmental Enforcement pursuant to the Outer Continental +Shelf Lands Act, including studies, assessments, analysis, and +miscellaneous administrative activities: Provided further, That the +sum herein appropriated shall be reduced as such collections are +received during the fiscal year, so as to result in a final fiscal year +2020 appropriation estimated at not more than $119,504,000. + For an additional amount, $47,308,000, to remain available until +expended, to be reduced by amounts collected by the Secretary and +credited to this appropriation, which shall be derived from non- +refundable inspection fees collected in fiscal year 2020, as provided +in this Act: Provided, That to the extent that amounts realized from +such inspection fees exceed $47,308,000, the amounts realized in excess +of $47,308,000 shall be credited to this appropriation and remain +available until expended: Provided further, That for fiscal year 2020, +not less than 50 percent of the inspection fees expended by the Bureau +of Safety and Environmental Enforcement will be used to fund personnel +and mission-related costs to expand capacity and expedite the orderly +development, subject to environmental safeguards, of the Outer +Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 +U.S.C. 1331 et seq.), including the review of applications for permits +to drill. + + oil spill research + + For necessary expenses to carry out title I, section 1016, title +IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of +the Oil Pollution Act of 1990, $14,899,000, which shall be derived from +the Oil Spill Liability Trust Fund, to remain available until expended. + + Office of Surface Mining Reclamation and Enforcement + + regulation and technology + + For necessary expenses to carry out the provisions of the Surface +Mining Control and Reclamation Act of 1977, Public Law 95-87, +$121,647,000, to remain available until September 30, 2021: Provided, +That appropriations for the Office of Surface Mining Reclamation and +Enforcement may provide for the travel and per diem expenses of State +and tribal personnel attending Office of Surface Mining Reclamation and +Enforcement sponsored training. + In addition, for costs to review, administer, and enforce permits +issued by the Office pursuant to section 507 of Public Law 95-87 (30 +U.S.C. 1257), $40,000, to remain available until expended: Provided, +That fees assessed and collected by the Office pursuant to such section +507 shall be credited to this account as discretionary offsetting +collections, to remain available until expended: Provided further, +That the sum herein appropriated from the general fund shall be reduced +as collections are received during the fiscal year, so as to result in +a fiscal year 2020 appropriation estimated at not more than +$121,647,000. + + abandoned mine reclamation fund + + For necessary expenses to carry out title IV of the Surface Mining +Control and Reclamation Act of 1977, Public Law 95-87, $24,713,000, to +be derived from receipts of the Abandoned Mine Reclamation Fund and to +remain available until expended: Provided, That pursuant to Public Law +97-365, the Department of the Interior is authorized to use up to 20 +percent from the recovery of the delinquent debt owed to the United +States Government to pay for contracts to collect these debts: +Provided further, That funds made available under title IV of Public +Law 95-87 may be used for any required non-Federal share of the cost of +projects funded by the Federal Government for the purpose of +environmental restoration related to treatment or abatement of acid +mine drainage from abandoned mines: Provided further, That such +projects must be consistent with the purposes and priorities of the +Surface Mining Control and Reclamation Act: Provided further, That +amounts provided under this heading may be used for the travel and per +diem expenses of State and tribal personnel attending Office of Surface +Mining Reclamation and Enforcement sponsored training. + In addition, $115,000,000, to remain available until expended, for +grants to States and federally recognized Indian Tribes for reclamation +of abandoned mine lands and other related activities in accordance with +the terms and conditions in the report accompanying this Act: +Provided, That such additional amount shall be used for economic and +community development in conjunction with the priorities in section +403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 +U.S.C. 1233(a)): Provided further, That of such additional amount, +$75,000,000 shall be distributed in equal amounts to the 3 Appalachian +States with the greatest amount of unfunded needs to meet the +priorities described in paragraphs (1) and (2) of such section, +$30,000,000 shall be distributed in equal amounts to the 3 Appalachian +States with the subsequent greatest amount of unfunded needs to meet +such priorities, and $10,000,000 shall be for grants to federally +recognized Indian Tribes without regard to their status as certified or +uncertified under the Surface Mining Control and Reclamation Act of +1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine lands and +other related activities in accordance with the terms and conditions in +the report accompanying this Act and shall be used for economic and +community development in conjunction with the priorities in section +403(a) of the Surface Mining Control and Reclamation Act of 1977: +Provided further, That such additional amount shall be allocated to +States and Indian Tribes within 60 days after the date of enactment of +this Act. + + Bureau of Indian Affairs + + operation of indian programs + + (including transfer of funds) + + For expenses necessary for the operation of Indian programs, as +authorized by law, including the Snyder Act of November 2, 1921 (25 +U.S.C. 13), the Indian Self-Determination and Education Assistance Act +of 1975 (25 U.S.C. 5301 et seq.), $1,650,504,000 (increased by +$176,000,000) (reduced by $176,000,000) to remain available until +September 30, 2021, except as otherwise provided herein; of which not +to exceed $8,500 may be for official reception and representation +expenses; of which not to exceed $77,734,000 shall be for welfare +assistance payments: Provided, That in cases of designated Federal +disasters, the Secretary may exceed such cap, from the amounts provided +herein, to provide for disaster relief to Indian communities affected +by the disaster: Provided further, That federally recognized Indian +tribes and tribal organizations of federally recognized Indian tribes +may use their tribal priority allocations for unmet welfare assistance +costs: Provided further, That not to exceed $73,164,000 shall remain +available until expended for housing improvement, road maintenance, +attorney fees, litigation support, land records improvement, and the +Navajo-Hopi Settlement Program: Provided further, That any forestry +funds allocated to a federally recognized tribe which remain +unobligated as of September 30, 2021, may be transferred during fiscal +year 2022 to an Indian forest land assistance account established for +the benefit of the holder of the funds within the holder's trust fund +account: Provided further, That any such unobligated balances not so +transferred shall expire on September 30, 2022: Provided further, That +in order to enhance the safety of Bureau field employees, the Bureau +may use funds to purchase uniforms or other identifying articles of +clothing for personnel: Provided further, That the Bureau of Indian +Affairs may accept transfers of funds from United States Customs and +Border Protection to supplement any other funding available for +reconstruction or repair of roads owned by the Bureau of Indian Affairs +as identified on the National Tribal Transportation Facility Inventory, +23 U.S.C. 202(b)(1). + + contract support costs + + For payments to tribes and tribal organizations for contract +support costs associated with Indian Self-Determination and Education +Assistance Act agreements with the Bureau of Indian Affairs and the +Bureau of Indian Education for fiscal year 2020, such sums as may be +necessary, which shall be available for obligation through September +30, 2021: Provided, That notwithstanding any other provision of law, +no amounts made available under this heading shall be available for +transfer to another budget account. + + construction + + (including transfer of funds) + + For construction, repair, improvement, and maintenance of +irrigation and power systems, buildings, utilities, and other +facilities, including architectural and engineering services by +contract; acquisition of lands, and interests in lands; and preparation +of lands for farming, and for construction of the Navajo Indian +Irrigation Project pursuant to Public Law 87-483; $146,014,000, to +remain available until expended: Provided, That such amounts as may be +available for the construction of the Navajo Indian Irrigation Project +may be transferred to the Bureau of Reclamation: Provided further, +That not to exceed 6 percent of contract authority available to the +Bureau of Indian Affairs from the Federal Highway Trust Fund may be +used to cover the road program management costs of the Bureau: +Provided further, That any funds provided for the Safety of Dams +program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall +be made available on a nonreimbursable basis: Provided further, That +this appropriation may be reimbursed from the Office of the Special +Trustee for American Indians appropriation for the appropriate share of +construction costs for space expansion needed in agency offices to meet +trust reform implementation: Provided further, That of the funds made +available under this heading, $10,000,000 shall be derived from the +Indian Irrigation Fund established by section 3211 of the WIIN Act +(Public Law 114-322; 130 Stat. 1749). + + indian land and water claim settlements and miscellaneous payments to + indians + + For payments and necessary administrative expenses for +implementation of Indian land and water claim settlements pursuant to +Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and +for implementation of other land and water rights settlements, +$45,644,000, to remain available until expended. + + indian guaranteed loan program account + + For the cost of guaranteed loans and insured loans, $12,784,000, of +which $1,725,000 is for administrative expenses, as authorized by the +Indian Financing Act of 1974: Provided, That such costs, including the +cost of modifying such loans, shall be as defined in section 502 of the +Congressional Budget Act of 1974: Provided further, That these funds +are available to subsidize total loan principal, any part of which is +to be guaranteed or insured, not to exceed $199,075,370. + + administrative provisions + + The Bureau of Indian Affairs may carry out the operation of Indian +programs by direct expenditure, contracts, cooperative agreements, +compacts, and grants, either directly or in cooperation with States and +other organizations. + Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of +Indian Affairs may contract for services in support of the management, +operation, and maintenance of the Power Division of the San Carlos +Irrigation Project. + Notwithstanding any other provision of law, no funds available to +the Bureau of Indian Affairs for central office oversight and Executive +Direction and Administrative Services (except executive direction and +administrative services funding for Tribal Priority Allocations, +regional offices, and facilities operations and maintenance) shall be +available for contracts, grants, compacts, or cooperative agreements +with the Bureau of Indian Affairs under the provisions of the Indian +Self-Determination Act or the Tribal Self-Governance Act of 1994 +(Public Law 103-413). + In the event any tribe returns appropriations made available by +this Act to the Bureau of Indian Affairs, this action shall not +diminish the Federal Government's trust responsibility to that tribe, +or the government-to-government relationship between the United States +and that tribe, or that tribe's ability to access future +appropriations. + Notwithstanding any other provision of law, including section 113 +of title I of appendix C of Public Law 106-113, if in fiscal year 2003 +or 2004 a grantee received indirect and administrative costs pursuant +to a distribution formula based on section 5(f) of Public Law 101-301, +the Secretary shall continue to distribute indirect and administrative +cost funds to such grantee using the section 5(f) distribution formula. + + Bureau of Indian Education + + operation of indian education programs + + For expenses necessary for the operation of Indian Education +programs, as authorized by law, including the Snyder Act of November 2, +1921 (25 U.S.C. 13), the Indian Self-Determination and Education +Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education +Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled +Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,000,233,000, to remain +available until September 30, 2021, except as otherwise provided +herein: Provided, That federally recognized Indian tribes and tribal +organizations of federally recognized Indian tribes may use their +Tribal priority allocations for unmet welfare assistance costs: +Provided further, That not to exceed $721,690,000 for school operation +costs of Bureau-funded schools and other education programs shall +become available on July 1, 2020, and shall remain available until +September 30, 2021: Provided further, That notwithstanding any other +provision of law, including but not limited to the Indian Self- +Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of +the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed +$81,508,000 within and only from such amounts made available for school +operations shall be available for administrative cost grants associated +with grants approved prior to July 1, 2020: Provided further, That in +order to enhance the safety of Bureau field employees, the Bureau may +use funds to purchase uniforms or other identifying articles of +clothing for personnel. + + education construction + + For construction, repair, improvement, and maintenance of +buildings, utilities, and other facilities necessary for the operation +of Indian Education programs, including architectural and engineering +services by contract; acquisition of lands, and interests in lands; +$387,252,000 to remain available until expended; Provided, That for +fiscal year 2020, in implementing new construction, replacement +facilities construction, or facilities improvement and repair project +grants in excess of $100,000 that are provided to grant schools under +Public Law 100-297, the Secretary of the Interior shall use the +Administrative and Audit Requirements and Cost Principles for +Assistance Programs contained in part 12 of title 43, Code of Federal +Regulations, as the regulatory requirements: Provided further, That +such grants shall not be subject to section 12.61 of title 43, Code of +Federal Regulations; the Secretary and the grantee shall negotiate and +determine a schedule of payments for the work to be performed: Provided +further, That in considering grant applications, the Secretary shall +consider whether such grantee would be deficient in assuring that the +construction projects conform to applicable building standards and +codes and Federal, tribal, or State health and safety standards as +required by section 1125(b) of title XI of Public Law 95-561 (25 U.S.C. +2005(b)), with respect to organizational and financial management +capabilities: Provided further, That if the Secretary declines a grant +application, the Secretary shall follow the requirements contained in +section 5206(f) of Public Law 100-297 (25 U.S.C. 2504(f)): Provided +further, That any disputes between the Secretary and any grantee +concerning a grant shall be subject to the disputes provision in +section 5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)): Provided +further, That in order to ensure timely completion of construction +projects, the Secretary may assume control of a project and all funds +related to the project, if, not later than 18 months after the date of +the enactment of this Act, any grantee receiving funds appropriated in +this Act or in any prior Act, has not completed the planning and design +phase of the project and commenced construction. + + administrative provisions + + The Bureau of Indian Education may carry out the operation of +Indian programs by direct expenditure, contracts, cooperative +agreements, compacts, and grants, either directly or in cooperation +with States and other organizations. + Notwithstanding any other provision of law, no funds available to +the Bureau of Indian Education for central office oversight and +Executive Direction and Administrative Services (except executive +direction and administrative services funding for Tribal Priority +Allocations, regional offices, and facilities operations and +maintenance) shall be available for contracts, grants, compacts, or +cooperative agreements with the Bureau of Indian Education under the +provisions of the Indian Self-Determination Act or the Tribal Self- +Governance Act of 1994 (Public Law 103-413). + In the event any tribe returns appropriations made available by +this Act to the Bureau of Indian Education, this action shall not +diminish the Federal Government's trust responsibility to that tribe, +or the government-to-government relationship between the United States +and that tribe, or that tribe's ability to access future +appropriations. + Notwithstanding any other provision of law, no funds available to +the Bureau of Indian Education, other than the amounts provided herein +for assistance to public schools under 25 U.S.C. 452 et seq., shall be +available to support the operation of any elementary or secondary +school in the State of Alaska. + No funds available to the Bureau of Indian Education shall be used +to support expanded grades for any school or dormitory beyond the grade +structure in place or approved by the Secretary of the Interior at each +school in the Bureau of Indian Education school system as of October 1, +1995, except that the Secretary of the Interior may waive this +prohibition to support expansion of up to one additional grade when the +Secretary determines such waiver is needed to support accomplishment of +the mission of the Bureau of Indian Education, or more than one grade +to expand the elementary grade structure for Bureau-funded schools with +a K-2 grade structure on October 1, 1996. Appropriations made available +in this or any prior Act for schools funded by the Bureau shall be +available, in accordance with the Bureau's funding formula, only to the +schools in the Bureau school system as of September 1, 1996, and to any +school or school program that was reinstated in fiscal year 2012. Funds +made available under this Act may not be used to establish a charter +school at a Bureau-funded school (as that term is defined in section +1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that +a charter school that is in existence on the date of the enactment of +this Act and that has operated at a Bureau-funded school before +September 1, 1999, may continue to operate during that period, but only +if the charter school pays to the Bureau a pro rata share of funds to +reimburse the Bureau for the use of the real and personal property +(including buses and vans), the funds of the charter school are kept +separate and apart from Bureau funds, and the Bureau does not assume +any obligation for charter school programs of the State in which the +school is located if the charter school loses such funding. Employees +of Bureau-funded schools sharing a campus with a charter school and +performing functions related to the charter school's operation and +employees of a charter school shall not be treated as Federal employees +for purposes of chapter 171 of title 28, United States Code. + Notwithstanding any other provision of law, including section 113 +of title I of appendix C of Public Law 106-113, if in fiscal year 2003 +or 2004 a grantee received indirect and administrative costs pursuant +to a distribution formula based on section 5(f) of Public Law 101-301, +the Secretary shall continue to distribute indirect and administrative +cost funds to such grantee using the section 5(f) distribution formula. + Funds available under this Act may not be used to establish +satellite locations of schools in the Bureau school system as of +September 1, 1996, except that the Secretary may waive this prohibition +in order for an Indian tribe to provide language and cultural immersion +educational programs for non-public schools located within the +jurisdictional area of the tribal government which exclusively serve +tribal members, do not include grades beyond those currently served at +the existing Bureau-funded school, provide an educational environment +with educator presence and academic facilities comparable to the +Bureau-funded school, comply with all applicable Tribal, Federal, or +State health and safety standards, and the Americans with Disabilities +Act, and demonstrate the benefits of establishing operations at a +satellite location in lieu of incurring extraordinary costs, such as +for transportation or other impacts to students such as those caused by +busing students extended distances: Provided, That no funds available +under this Act may be used to fund operations, maintenance, +rehabilitation, construction or other facilities-related costs for such +assets that are not owned by the Bureau: Provided further, That the +term ``satellite school'' means a school location physically separated +from the existing Bureau school by more than 50 miles but that forms +part of the existing school in all other respects. + + Departmental Offices + + Office of the Secretary + + departmental operations + + (including transfer of funds) + + For necessary expenses for management of the Department of the +Interior and for grants and cooperative agreements, as authorized by +law, $131,232,000 (increased by $5,000,000) (reduced by $5,000,000) +(reduced by $1,000,000) (reduced by $1,000,000) (reduced by +$1,000,000), to remain available until September 30, 2021; of which no +less than $1,000,000 shall be for the hiring of additional personnel to +assist the Department with its compliance responsibilities under 5 +U.S.C. 552; of which not to exceed $15,000 may be for official +reception and representation expenses; and of which up to $1,000,000 +shall be available for workers compensation payments and unemployment +compensation payments associated with the orderly closure of the United +States Bureau of Mines; and of which $9,000,000 for the Office of +Valuation Services is to be derived from the Land and Water +Conservation Fund and shall remain available until expended; and of +which $11,061,000 for Indian land, mineral, and resource valuation +activities shall remain available until expended: Provided, That funds +for Indian land, mineral, and resource valuation activities may, as +needed, be transferred to and merged with the Bureau of Indian Affairs +``Operation of Indian Programs'' and Bureau of Indian Education +``Operation of Indian Education Programs'' accounts and the Office of +the Special Trustee for American Indians ``Federal Trust Programs'' +account: Provided further, That funds made available through contracts +or grants obligated during fiscal year 2020, as authorized by the +Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall +remain available until expended by the contractor or grantee. + + administrative provisions + + For fiscal year 2020, up to $400,000 of the payments authorized by +chapter 69 of title 31, United States Code, may be retained for +administrative expenses of the Payments in Lieu of Taxes Program: +Provided, That the amounts provided under this Act specifically for the +Payments in Lieu of Taxes program are the only amounts available for +payments authorized under chapter 69 of title 31, United States Code: +Provided further, That in the event the sums appropriated for any +fiscal year for payments pursuant to this chapter are insufficient to +make the full payments authorized by that chapter to all units of local +government, then the payment to each local government shall be made +proportionally: Provided further, That the Secretary may make +adjustments to payment to individual units of local government to +correct for prior overpayments or underpayments: Provided further, +That no payment shall be made pursuant to that chapter to otherwise +eligible units of local government if the computed amount of the +payment is less than $100. + + Insular Affairs + + assistance to territories + + For expenses necessary for assistance to territories under the +jurisdiction of the Department of the Interior and other jurisdictions +identified in section 104(e) of Public Law 108-188, $108,631,000, of +which: (1) $99,140,000 shall remain available until expended for +territorial assistance, including general technical assistance, +maintenance assistance, disaster assistance, coral reef initiative and +natural resources activities, and brown tree snake control and +research; grants to the judiciary in American Samoa for compensation +and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the +Government of American Samoa, in addition to current local revenues, +for construction and support of governmental functions; grants to the +Government of the Virgin Islands, as authorized by law; grants to the +Government of Guam, as authorized by law; and grants to the Government +of the Northern Mariana Islands, as authorized by law (Public Law 94- +241; 90 Stat. 272); and (2) $9,491,000 shall be available until +September 30, 2021, for salaries and expenses of the Office of Insular +Affairs: Provided, That all financial transactions of the territorial +and local governments herein provided for, including such transactions +of all agencies or instrumentalities established or used by such +governments, may be audited by the Government Accountability Office, at +its discretion, in accordance with chapter 35 of title 31, United +States Code: Provided further, That Northern Mariana Islands Covenant +grant funding shall be provided according to those terms of the +Agreement of the Special Representatives on Future United States +Financial Assistance for the Northern Mariana Islands approved by +Public Law 104-134: Provided further, That the funds for the program +of operations and maintenance improvement are appropriated to +institutionalize routine operations and maintenance improvement of +capital infrastructure with territorial participation and cost sharing +to be determined by the Secretary based on the grantee's commitment to +timely maintenance of its capital assets: Provided further, That any +appropriation for disaster assistance under this heading in this Act or +previous appropriations Acts may be used as non-Federal matching funds +for the purpose of hazard mitigation grants provided pursuant to +section 404 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5170c). + + compact of free association + + For grants and necessary expenses, $3,236,000, to remain available +until expended, as provided for in sections 221(a)(2) and 233 of the +Compact of Free Association for the Republic of Palau; and section +221(a)(2) of the Compacts of Free Association for the Government of the +Republic of the Marshall Islands and the Federated States of +Micronesia, as authorized by Public Law 99-658 and Public Law 108-188. + + Administrative Provisions + + (including transfer of funds) + + At the request of the Governor of Guam, the Secretary may transfer +discretionary funds or mandatory funds provided under section 104(e) of +Public Law 108-188 and Public Law 104-134, that are allocated for Guam, +to the Secretary of Agriculture for the subsidy cost of direct or +guaranteed loans, plus not to exceed three percent of the amount of the +subsidy transferred for the cost of loan administration, for the +purposes authorized by the Rural Electrification Act of 1936 and +section 306(a)(1) of the Consolidated Farm and Rural Development Act +for construction and repair projects in Guam, and such funds shall +remain available until expended: Provided, That such costs, including +the cost of modifying such loans, shall be as defined in section 502 of +the Congressional Budget Act of 1974: Provided further, That such +loans or loan guarantees may be made without regard to the population +of the area, credit elsewhere requirements, and restrictions on the +types of eligible entities under the Rural Electrification Act of 1936 +and section 306(a)(1) of the Consolidated Farm and Rural Development +Act: Provided further, That any funds transferred to the Secretary of +Agriculture shall be in addition to funds otherwise made available to +make or guarantee loans under such authorities. + + Office of the Solicitor + + salaries and expenses + + For necessary expenses of the Office of the Solicitor, $66,816,000. + + Office of Inspector General + + salaries and expenses + + For necessary expenses of the Office of Inspector General, +$55,986,000, to remain available until September 30, 2021. + + Office of the Special Trustee for American Indians + + federal trust programs + + (including transfer and rescission of funds) + + For the operation of trust programs for Indians by direct +expenditure, contracts, cooperative agreements, compacts, and grants, +$97,613,000, to remain available until expended, of which not to exceed +$17,911,000 from this or any other Act, may be available for historical +accounting: Provided, That $10,000,000 shall not be available for +obligation until the Secretary provides the report required by section +304(a)(3) of the Indian Trust Asset Reform Act (Public Law 114-178) to +terminate the Office of the Special Trustee in its entirety, to the +Committees on Appropriations of the House of Representatives and the +Senate: Provided further, That funds for Trust Management improvements +and litigation support may, as needed, be transferred to or merged with +the Bureau of Indian Affairs ``Operation of Indian Programs'' and +Bureau of Indian Education, ``Operation of Indian Education Programs'' +account; the Office of the Solicitor, ``Salaries and Expenses'' +account; and the Office of the Secretary, ``Departmental Operations'' +account: Provided further, That funds made available through contracts +or grants obligated during fiscal year 2020, as authorized by the +Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall +remain available until expended by the contractor or grantee: Provided +further, That notwithstanding any other provision of law, the Secretary +shall not be required to provide a quarterly statement of performance +for any Indian trust account that has not had activity for at least 15 +months and has a balance of $15 or less: Provided further, That the +Secretary shall issue an annual account statement and maintain a record +of any such accounts and shall permit the balance in each such account +to be withdrawn upon the express written request of the account holder: + Provided further, That not to exceed $50,000 is available for the +Secretary to make payments to correct administrative errors of either +disbursements from or deposits to Individual Indian Money or Tribal +accounts after September 30, 2002: Provided further, That erroneous +payments that are recovered shall be credited to and remain available +in this account for this purpose: Provided further, That the Secretary +shall not be required to reconcile Special Deposit Accounts with a +balance of less than $500 unless the Office of the Special Trustee +receives proof of ownership from a Special Deposit Accounts claimant: +Provided further, That notwithstanding section 102 of the American +Indian Trust Fund Management Reform Act of 1994 (Public Law 103-412) or +any other provision of law, the Secretary may aggregate the trust +accounts of individuals whose whereabouts are unknown for a continuous +period of at least five years and shall not be required to generate +periodic statements of performance for the individual accounts: +Provided further, That with respect to the ninth proviso, the Secretary +shall continue to maintain sufficient records to determine the balance +of the individual accounts, including any accrued interest and income, +and such funds shall remain available to the individual account +holders. + Of the unobligated balances from amounts made available for the +Office of the Special Trustee for American Indians, $3,000,000 is +permanently rescinded: Provided, That no amounts may be rescinded from +amounts that were designated by the Congress as an emergency +requirement pursuant to the Concurrent Resolution on the Budget or the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Department-Wide Programs + + wildland fire management + + (including transfers of funds) + + For necessary expenses for fire preparedness, fire suppression +operations, fire science and research, emergency rehabilitation, fuels +management activities, and rural fire assistance by the Department of +the Interior, $952,338,000 (increased by $1,000,000) (increased by +$2,000,000), to remain available until expended, of which not to exceed +$18,427,000 shall be for the renovation or construction of fire +facilities: Provided, That such funds are also available for repayment +of advances to other appropriation accounts from which funds were +previously transferred for such purposes: Provided further, That of +the funds provided $194,000,000 is for fuels management activities: +Provided further, That of the funds provided $20,470,000 (reduced by +$1) (increased by $1) is for burned area rehabilitation: Provided +further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished +subsistence and lodging without cost from funds available from this +appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, +sums received by a bureau or office of the Department of the Interior +for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., +protection of United States property, may be credited to the +appropriation from which funds were expended to provide that +protection, and are available without fiscal year limitation: Provided +further, That using the amounts designated under this title of this +Act, the Secretary of the Interior may enter into procurement +contracts, grants, or cooperative agreements, for fuels management +activities, and for training and monitoring associated with such fuels +management activities on Federal land, or on adjacent non-Federal land +for activities that benefit resources on Federal land: Provided +further, That the costs of implementing any cooperative agreement +between the Federal Government and any non-Federal entity may be +shared, as mutually agreed on by the affected parties: Provided +further, That notwithstanding requirements of the Competition in +Contracting Act, the Secretary, for purposes of fuels management +activities, may obtain maximum practicable competition among: (1) local +private, nonprofit, or cooperative entities; (2) Youth Conservation +Corps crews, Public Lands Corps (Public Law 109-154), or related +partnerships with State, local, or nonprofit youth groups; (3) small or +micro-businesses; or (4) other entities that will hire or train locally +a significant percentage, defined as 50 percent or more, of the project +workforce to complete such contracts: Provided further, That in +implementing this section, the Secretary shall develop written guidance +to field units to ensure accountability and consistent application of +the authorities provided herein: Provided further, That funds +appropriated under this heading may be used to reimburse the United +States Fish and Wildlife Service and the National Marine Fisheries +Service for the costs of carrying out their responsibilities under the +Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and +conference, as required by section 7 of such Act, in connection with +wildland fire management activities: Provided further, That the +Secretary of the Interior may use wildland fire appropriations to enter +into leases of real property with local governments, at or below fair +market value, to construct capitalized improvements for fire facilities +on such leased properties, including but not limited to fire guard +stations, retardant stations, and other initial attack and fire support +facilities, and to make advance payments for any such lease or for +construction activity associated with the lease: Provided further, +That the Secretary of the Interior and the Secretary of Agriculture may +authorize the transfer of funds appropriated for wildland fire +management, in an aggregate amount not to exceed $50,000,000, between +the Departments when such transfers would facilitate and expedite +wildland fire management programs and projects: Provided further, That +funds provided for wildfire suppression shall be available for support +of Federal emergency response actions: Provided further, That funds +appropriated under this heading shall be available for assistance to or +through the Department of State in connection with forest and rangeland +research, technical information, and assistance in foreign countries, +and, with the concurrence of the Secretary of State, shall be available +to support forestry, wildland fire management, and related natural +resource activities outside the United States and its territories and +possessions, including technical assistance, education and training, +and cooperation with United States and international organizations. +Provided further, That of the funds provided under this heading, +$383,657,000 is provided to meet the terms of section +251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit +Control Act of 1985, as amended. + In addition to the amounts provided under this heading for wildfire +suppression operations, $300,000,000, to remain available until +expended, is additional new budget authority as specified for purposes +of section 251(b)(2)(F) of the Balanced Budget and Emergency Deficit +Control Act of 1985, as amended: Provided, That the Secretary of the +Interior may transfer such amounts to the Department of Agriculture for +wildfire suppression operations. + + central hazardous materials fund + + For necessary expenses of the Department of the Interior and any of +its component offices and bureaus for the response action, including +associated activities, performed pursuant to the Comprehensive +Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 +et seq.), $13,010,000, to remain available until expended, of which +$3,000,000, notwithstanding any other provision of law, shall be for +analysis and initiation of radium decontamination and remediation at +any land-grant university that may have been subject to such +contamination as a result of actions of the former United States Bureau +of Mines. + + Natural Resource Damage Assessment and Restoration + + natural resource damage assessment fund + + To conduct natural resource damage assessment, restoration +activities, and onshore oil spill preparedness by the Department of the +Interior necessary to carry out the provisions of the Comprehensive +Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 +et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et +seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 +U.S.C. 100721 et seq., $7,767,000, to remain available until expended. + + working capital fund + + For the operation and maintenance of a departmental financial and +business management system, information technology improvements of +general benefit to the Department, cybersecurity, and the consolidation +of facilities and operations throughout the Department, $69,284,000 +(reduced by $7,000,000), to remain available until expended: Provided, +That none of the funds appropriated in this Act or any other Act may be +used to establish reserves in the Working Capital Fund account other +than for accrued annual leave and depreciation of equipment without +prior approval of the Committees on Appropriations of the House of +Representatives and the Senate: Provided further, That the Secretary +may assess reasonable charges to State, local and tribal government +employees for training services provided by the National Indian Program +Training Center, other than training related to Public Law 93-638: +Provided further, That the Secretary may lease or otherwise provide +space and related facilities, equipment or professional services of the +National Indian Program Training Center to State, local and tribal +government employees or persons or organizations engaged in cultural, +educational, or recreational activities (as defined in section 3306(a) +of title 40, United States Code) at the prevailing rate for similar +space, facilities, equipment, or services in the vicinity of the +National Indian Program Training Center: Provided further, That all +funds received pursuant to the two preceding provisos shall be credited +to this account, shall be available until expended, and shall be used +by the Secretary for necessary expenses of the National Indian Program +Training Center: Provided further, That the Secretary may enter into +grants and cooperative agreements to support the Office of Natural +Resource Revenue's collection and disbursement of royalties, fees, and +other mineral revenue proceeds, as authorized by law. + + administrative provision + + There is hereby authorized for acquisition from available resources +within the Working Capital Fund, aircraft which may be obtained by +donation, purchase or through available excess surplus property: +Provided, That existing aircraft being replaced may be sold, with +proceeds derived or trade-in value used to offset the purchase price +for the replacement aircraft. + + office of natural resources revenue + + For necessary expenses for management of the collection and +disbursement of royalties, fees, and other mineral revenue proceeds, +and for grants and cooperative agreements, as authorized by law, +$147,330,000, to remain available until September 30, 2021; of which +$50,651,000 shall remain available until expended for the purpose of +mineral revenue management activities: Provided, That notwithstanding +any other provision of law, $15,000 shall be available for refunds of +overpayments in connection with certain Indian leases in which the +Secretary concurred with the claimed refund due, to pay amounts owed to +Indian allottees or tribes, or to correct prior unrecoverable erroneous +payments. + + General Provisions, Department of the Interior + + (including transfers of funds) + + emergency transfer authority--intra-bureau + + Sec. 101. Appropriations made in this title shall be available for +expenditure or transfer (within each bureau or office), with the +approval of the Secretary, for the emergency reconstruction, +replacement, or repair of aircraft, buildings, utilities, or other +facilities or equipment damaged or destroyed by fire, flood, storm, or +other unavoidable causes: Provided, That no funds shall be made +available under this authority until funds specifically made available +to the Department of the Interior for emergencies shall have been +exhausted: Provided further, That all funds used pursuant to this +section must be replenished by a supplemental appropriation, which must +be requested as promptly as possible. + + emergency transfer authority--department-wide + + Sec. 102. The Secretary may authorize the expenditure or transfer +of any no year appropriation in this title, in addition to the amounts +included in the budget programs of the several agencies, for emergency +actions related to potential or actual earthquakes, floods, volcanoes, +storms, or other unavoidable causes; for contingency planning +subsequent to actual oil spills; for response and natural resource +damage assessment activities related to actual oil spills or releases +of hazardous substances into the environment; for the prevention, +suppression, and control of actual or potential grasshopper and Mormon +cricket outbreaks on lands under the jurisdiction of the Secretary, +pursuant to the authority in section 417(b) of Public Law 106-224 (7 +U.S.C. 7717(b)); for emergency reclamation projects under section 410 +of Public Law 95-87; and shall transfer, from any no year funds +available to the Office of Surface Mining Reclamation and Enforcement, +such funds as may be necessary to permit assumption of regulatory +authority in the event a primacy State is not carrying out the +regulatory provisions of the Surface Mining Act: Provided, That +appropriations made in this title for wildland fire operations shall be +available for the payment of obligations incurred during the preceding +fiscal year, and for reimbursement to other Federal agencies for +destruction of vehicles, aircraft, or other equipment in connection +with their use for wildland fire operations, with such reimbursement to +be credited to appropriations currently available at the time of +receipt thereof: Provided further, That all funds used pursuant to +this section must be replenished by a supplemental appropriation, which +must be requested as promptly as possible: Provided further, That such +replenishment funds shall be used to reimburse, on a pro rata basis, +accounts from which emergency funds were transferred. + + authorized use of funds + + Sec. 103. Appropriations made to the Department of the Interior in +this title shall be available for services as authorized by section +3109 of title 5, United States Code, when authorized by the Secretary, +in total amount not to exceed $500,000; purchase and replacement of +motor vehicles, including specially equipped law enforcement vehicles; +hire, maintenance, and operation of aircraft; hire of passenger motor +vehicles; purchase of reprints; payment for telephone service in +private residences in the field, when authorized under regulations +approved by the Secretary; and the payment of dues, when authorized by +the Secretary, for library membership in societies or associations +which issue publications to members only or at a price to members lower +than to subscribers who are not members. + + authorized use of funds, indian trust management + + Sec. 104. Appropriations made in this Act under the headings +Bureau of Indian Affairs and Bureau of Indian Education, and Office of +the Special Trustee for American Indians and any unobligated balances +from prior appropriations Acts made under the same headings shall be +available for expenditure or transfer for Indian trust management and +reform activities. Total funding for historical accounting activities +shall not exceed amounts specifically designated in this Act for such +purpose. The Secretary shall notify the House and Senate Committees on +Appropriations within 60 days of the expenditure or transfer of any +funds under this section, including the amount expended or transferred +and how the funds will be used. + + redistribution of funds, bureau of indian affairs + + Sec. 105. Notwithstanding any other provision of law, the +Secretary of the Interior is authorized to redistribute any Tribal +Priority Allocation funds, including tribal base funds, to alleviate +tribal funding inequities by transferring funds to address identified, +unmet needs, dual enrollment, overlapping service areas or inaccurate +distribution methodologies. No tribe shall receive a reduction in +Tribal Priority Allocation funds of more than 10 percent in fiscal year +2020. Under circumstances of dual enrollment, overlapping service areas +or inaccurate distribution methodologies, the 10 percent limitation +does not apply. + + ellis, governors, and liberty islands + + Sec. 106. Notwithstanding any other provision of law, the +Secretary of the Interior is authorized to acquire lands, waters, or +interests therein including the use of all or part of any pier, dock, +or landing within the State of New York and the State of New Jersey, +for the purpose of operating and maintaining facilities in the support +of transportation and accommodation of visitors to Ellis, Governors, +and Liberty Islands, and of other program and administrative +activities, by donation or with appropriated funds, including franchise +fees (and other monetary consideration), or by exchange; and the +Secretary is authorized to negotiate and enter into leases, subleases, +concession contracts or other agreements for the use of such facilities +on such terms and conditions as the Secretary may determine reasonable. + + outer continental shelf inspection fees + + Sec. 107. (a) In fiscal year 2020, the Secretary shall collect a +nonrefundable inspection fee, which shall be deposited in the +``Offshore Safety and Environmental Enforcement'' account, from the +designated operator for facilities subject to inspection under 43 +U.S.C. 1348(c). + (b) Annual fees shall be collected for facilities that are above +the waterline, excluding drilling rigs, and are in place at the start +of the fiscal year. Fees for fiscal year 2020 shall be-- + (1) $11,500 for facilities with no wells, but with + processing equipment or gathering lines; + (2) $18,500 for facilities with 1 to 10 wells, with any + combination of active or inactive wells; and + (3) $34,500 for facilities with more than 10 wells, with + any combination of active or inactive wells. + (c) Fees for drilling rigs shall be assessed for all inspections +completed in fiscal year 2020. Fees for fiscal year 2020 shall be-- + (1) $33,500 per inspection for rigs operating in water + depths of 500 feet or more; and + (2) $18,500 per inspection for rigs operating in water + depths of less than 500 feet. + (d) Fees for inspection of well operations conducted via non-rig +units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be +assessed for all inspections completed in fiscal year 2020. Fees for +fiscal year 2020 shall be-- + (1) $13,260 per inspection for non-rig units operating in + water depths of 2,500 feet or more; + (2) $11,530 per inspection for non-rig units operating in + water depths between 500 and 2,499 feet; and + (3) $4,470 per inspection for non-rig units operating in + water depths of less than 500 feet. + (e) The Secretary shall bill designated operators under subsection +(b) quarterly, with payment required within 30 days of billing. The +Secretary shall bill designated operators under subsections (c) and (d) +within 30 days of the end of the month in which the inspection +occurred, with payment required within 30 days of billing. + + disclosure of waivers + + Sec. 108. (a) Subject to subsection (b), in any case in which the +Bureau of Safety and Environmental Enforcement or the Bureau of Ocean +Energy Management issues any waiver, departure, deviation, variance, or +any other alternative compliance authorization from any law, rule, +regulation, or other directive, the head of such bureau shall post a +copy of such waiver, departure, deviation, variance, or other +alternative compliance authorization on such bureau's publically +available website not more than 3 business days after such issuance. + (b) The head of each bureau may redact confidential business +information. + + contracts and agreements for wild horse and burro holding facilities + + Sec. 109. Notwithstanding any other provision of this Act, the +Secretary of the Interior may enter into multiyear cooperative +agreements with nonprofit organizations and other appropriate entities, +and may enter into multiyear contracts in accordance with the +provisions of section 3903 of title 41, United States Code (except that +the 5-year term restriction in subsection (a) shall not apply), for the +long-term care and maintenance of excess wild free roaming horses and +burros by such organizations or entities on private land. Such +cooperative agreements and contracts may not exceed 10 years, subject +to renewal at the discretion of the Secretary. + + mass marking of salmonids + + Sec. 110. The United States Fish and Wildlife Service shall, in +carrying out its responsibilities to protect threatened and endangered +species of salmon, implement a system of mass marking of salmonid +stocks, intended for harvest, that are released from federally operated +or federally financed hatcheries including but not limited to fish +releases of coho, chinook, and steelhead species. Marked fish must have +a visible mark that can be readily identified by commercial and +recreational fishers. + + contracts and agreements with indian affairs + + Sec. 111. Notwithstanding any other provision of law, during +fiscal year 2020, in carrying out work involving cooperation with +State, local, and tribal governments or any political subdivision +thereof, Indian Affairs may record obligations against accounts +receivable from any such entities, except that total obligations at the +end of the fiscal year shall not exceed total budgetary resources +available at the end of the fiscal year. + + humane transfer of excess animals + + Sec. 112. Notwithstanding any other provision of law, the +Secretary of the Interior may transfer excess wild horses or burros +that have been removed from the public lands to other Federal, State, +and local government agencies for use as work animals: Provided, That +the Secretary may make any such transfer immediately upon request of +such Federal, State, or local government agency: Provided further, +That any excess animal transferred under this provision shall lose its +status as a wild free-roaming horse or burro as defined in the Wild +Free-Roaming Horses and Burros Act: Provided further, That any +Federal, State, or local government agency receiving excess wild horses +or burros as authorized in this section shall not: destroy the horses +or burros in a way that results in their destruction into commercial +products; sell or otherwise transfer the horses or burros in a way that +results in their destruction for processing into commercial products; +or euthanize the horses or burros except upon the recommendation of a +licensed veterinarian, in cases of severe injury, illness, or advanced +age. + + department of the interior experienced services program + + Sec. 113. (a) Notwithstanding any other provision of law relating +to Federal grants and cooperative agreements, the Secretary of the +Interior is authorized to make grants to, or enter into cooperative +agreements with, private nonprofit organizations designated by the +Secretary of Labor under title V of the Older Americans Act of 1965 to +utilize the talents of older Americans in programs authorized by other +provisions of law administered by the Secretary and consistent with +such provisions of law. + (b) Prior to awarding any grant or agreement under subsection (a), +the Secretary shall ensure that the agreement would not-- + (1) result in the displacement of individuals currently + employed by the Department, including partial displacement + through reduction of non-overtime hours, wages, or employment + benefits; + (2) result in the use of an individual under the Department + of the Interior Experienced Services Program for a job or + function in a case in which a Federal employee is in a layoff + status from the same or substantially equivalent job within the + Department; or + (3) affect existing contracts for services. + + payments in lieu of taxes (pilt) + + Sec. 114. Section 6906 of title 31, United States Code, is amended +by striking ``fiscal year 2019'' and inserting ``fiscal year 2020''. + + republic of the marshall islands + + Sec. 115. As authorized in section 111(d) of the Compact of Free +Association Act of 1985 (Public Law 99-239; 99 Stat. 1799; 48 U.S.C. +1911) and section 108(b) of the Compact of Free Association Amendments +Act of 2003 (Public Law 108-188; 117 Stat. 2755; 48 U.S.C. 1921g), +$5,000,000 is hereby appropriated to the Secretary of the Interior, to +remain available until expended by the Secretary, for the Republic of +the Marshall Islands to deposit in the Compact Trust Fund of the +Republic of the Marshall Islands as compensation for adverse financial +and economic impacts resulting from the effect of title IV of the +Compact of Free Association Act of 1985 (Public Law 99-239; 99 Stat. +1799; 48 U.S.C. 1911) upon title II of the Compact. + + obligation of funds + + Sec. 116. Amounts appropriated by this Act to the Department of +the Interior shall be available for obligation and expenditure not +later than 60 days after the date of enactment of this Act. + + restriction on use of funds + + Sec. 117. Before the final 2019-2024 Outer Continental Shelf Oil +and Gas Leasing Program, or any plan that is dated later than 2017- +2022, is published in the Federal Register, none of the funds made +available to the Department of Interior by this or any other Act may be +used to conduct offshore oil and gas pre-leasing, leasing and related +activities for any lease sale proposed in the Draft Proposed Program +described in the ``Notice of Availability of the 2019-2024 Draft +Proposed Outer Continental Shelf Oil and Gas Leasing Program and Notice +of Intent to Prepare a Programmatic Environmental Impact Statement'' +published in the Federal Register on January 8, 2018 (83 Fed. Reg. +829), unless such sale was also contained in the 2017-2022 Outer +Continental Shelf Oil and Gas Proposed Final Program described in the +``Notice of Availability of the 2017-2022 Outer Continental Shelf Oil +and Gas Leasing Proposed Final Program'' published in the Federal +Register on November 23, 2016 (81 Fed. Reg. 84612). + + funding restriction + + Sec. 118. None of the funds made available to the Department of +the Interior by this or any other Act may be used to conduct a lease +sale pursuant to section 20001(c)(1) of Public Law 115-97 which does +not contain a national minimum acceptable bid amount sufficient to +produce Federal receipts to the Treasury, net of any state share, of no +less than 50 percent of the amount required by section 2001(b) of H. +Con. Res. 71, the concurrent resolution on the budget for fiscal year +2018, as agreed to on October 26, 2017. + + extension of authorities + + Sec. 119. (a) Section 512 of title V of division J of Public Law +108-447 is amended by striking ``on the date that is 15 years after the +date that funds are first made available for this title.'' and +inserting ``after September 30, 2022.''. + (b) Section 608 of title VI of division J of Public Law 108-447 is +amended by striking ``the expiration of the 15-year period beginning on +the date that funds are first made available for this title.'' and +inserting ``September 30, 2022.''. + (c) Section 109 of title I of Public Law 103-449, as amended by +Public Law 111-11, title VIII section 8201(c), is further amended by +striking ``$15,000,000'' and inserting ``$17,000,000''. + (d) Section 608(a) of division II of Public Law 104-333, as amended +by Public Law 110-229 section 461, is further amended by striking +``$15,000,000'' and inserting ``$17,000,000''. + (e) Section 810(a)(1) of title VIII of division B of appendix D of +Public Law 106-554, as amended by Public Law 115-31, division G, title +I section 115(b), is further amended by striking ``$12,000,000'' and +inserting ``$14,000,000''. + + separation of accounts + + Sec. 120. The Secretary of the Interior, in order to implement an +orderly transition to separate accounts of the Bureau of Indian Affairs +and the Bureau of Indian Education, may transfer funds among and +between the successor offices and bureaus affected by the +reorganization only in conformance with the reprogramming guidelines +described in this Act. + + TITLE II + + ENVIRONMENTAL PROTECTION AGENCY + + Science and Technology + + For science and technology, including research and development +activities, which shall include research and development activities +under the Comprehensive Environmental Response, Compensation, and +Liability Act of 1980; necessary expenses for personnel and related +costs and travel expenses; procurement of laboratory equipment and +supplies; and other operating expenses in support of research and +development, $727,633,000 (reduced by $8,000,000) (increased by +$8,000,000), to remain available until September 30, 2021: Provided, +That of the funds included under this heading, $6,000,000 shall be for +Research: National Priorities as specified in the report accompanying +this Act. + + Environmental Programs and Management + + For environmental programs and management, including necessary +expenses, not otherwise provided for, for personnel and related costs +and travel expenses; hire of passenger motor vehicles; hire, +maintenance, and operation of aircraft; purchase of reprints; library +memberships in societies or associations which issue publications to +members only or at a price to members lower than to subscribers who are +not members; administrative costs of the brownfields program under the +Small Business Liability Relief and Brownfields Revitalization Act of +2002; implementation of a coal combustion residual permit program under +section 2301 of the Water and Waste Act of 2016; and not to exceed +$9,000 for official reception and representation expenses, +$2,707,704,000 (reduced by $2,000,000) (increased by $2,000,000) +(reduced by $3,000,000) (increased by $3,000,000) (increased by +$500,000) (reduced by $500,000) (increased by $25,000) (reduced by +$25,000) (reduced by $2,000,000) (increased by $2,000,000) (reduced by +$500,000) (increased by $500,000) (increased by $1,000,000), to remain +available until September 30, 2021: Provided, That of the funds +included under this heading, $17,700,000 shall be for Environmental +Protection: National Priorities as specified in the report accompanying +this Act. Provided further, That of the funds included under this +heading, $501,958,000 (reduced by $1) (increased by $1) shall be for +Geographic Programs specified in the report accompanying this Act. + In addition, $5,000,000 to remain available until expended, for +necessary expenses of activities described in section 26(b)(1) of the +Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That +fees collected pursuant to that section of that Act and deposited in +the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in +fiscal year 2020 shall be retained and used for necessary salaries and +expenses in this appropriation and shall remain available until +expended: Provided further, That the sum herein appropriated in this +paragraph from the general fund for fiscal year 2020 shall be reduced +by the amount of discretionary offsetting receipts received during +fiscal year 2020, so as to result in a final fiscal year 2020 +appropriation from the general fund estimated at not more than $0: +Provided further, That to the extent that amounts realized from such +receipts exceed $5,000,000, those amount in excess of $5,000,000 shall +be deposited in the ``TSCA Service Fee Fund'' as discretionary +offsetting receipts in fiscal year 2020, shall be retained and used for +necessary salaries and expenses in this account, and shall remain +available until expended: Provided further, That of the funds included +in the first paragraph under this heading, the Chemical Risk Review and +Reduction program project shall be allocated for this fiscal year, +excluding the amount of any fees appropriated, not less than the amount +of appropriations for that program project for fiscal year 2014. + + Hazardous Waste Electronic Manifest System Fund + + For necessary expenses to carry out section 3024 of the Solid Waste +Disposal Act (42 U.S.C. 6939g), including the development, operation, +maintenance, and upgrading of the hazardous waste electronic manifest +system established by such section, $8,000,000, to remain available +until expended: Provided, That the sum herein appropriated from the +general fund shall be reduced as offsetting collections under such +section 3024 are received during fiscal year 2020, which shall remain +available until expended and be used for necessary expenses in this +appropriation, so as to result in a final fiscal year 2020 +appropriation from the general fund estimated at not more than $0: +Provided further, That to the extent such offsetting collections +received in fiscal year 2020 exceed $8,000,000, those excess amounts +shall remain available until expended and be used for necessary +expenses in this appropriation. + + Office of Inspector General + + For necessary expenses of the Office of Inspector General in +carrying out the provisions of the Inspector General Act of 1978, +$48,514,000, to remain available until September 30, 2021. + + Buildings and Facilities + + For construction, repair, improvement, extension, alteration, and +purchase of fixed equipment or facilities of, or for use by, the +Environmental Protection Agency, $39,553,000, to remain available until +expended. + + Hazardous Substance Superfund + + (including transfers of funds) + + For necessary expenses to carry out the Comprehensive Environmental +Response, Compensation, and Liability Act of 1980 (CERCLA), including +sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and +hire, maintenance, and operation of aircraft, $1,214,648,000, to remain +available until expended, consisting of such sums as are available in +the Trust Fund on September 30, 2019, as authorized by section 517(a) +of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and +up to $1,214,648,000 (reduced by $1,000,000) (increased by $1,000,000) +as a payment from general revenues to the Hazardous Substance Superfund +for purposes as authorized by section 517(b) of SARA: Provided, That +funds appropriated under this heading may be allocated to other Federal +agencies in accordance with section 111(a) of CERCLA: Provided +further, That of the funds appropriated under this heading, $9,586,000 +shall be paid to the ``Office of Inspector General'' appropriation to +remain available until September 30, 2021, and $30,496,000 shall be +paid to the ``Science and Technology'' appropriation to remain +available until September 30, 2021. + + Leaking Underground Storage Tank Trust Fund Program + + For necessary expenses to carry out leaking underground storage +tank cleanup activities authorized by subtitle I of the Solid Waste +Disposal Act, $94,410,000, to remain available until expended, of which +$69,041,000 shall be for carrying out leaking underground storage tank +cleanup activities authorized by section 9003(h) of the Solid Waste +Disposal Act; $25,369,000 shall be for carrying out the other +provisions of the Solid Waste Disposal Act specified in section 9508(c) +of the Internal Revenue Code: Provided, That the Administrator is +authorized to use appropriations made available under this heading to +implement section 9013 of the Solid Waste Disposal Act to provide +financial assistance to federally recognized Indian tribes for the +development and implementation of programs to manage underground +storage tanks. + + Inland Oil Spill Programs + + For expenses necessary to carry out the Environmental Protection +Agency's responsibilities under the Oil Pollution Act of 1990, +including hire, maintenance, and operation of aircraft, $23,237,000, to +be derived from the Oil Spill Liability trust fund, to remain available +until expended. + + State and Tribal Assistance Grants + + For environmental programs and infrastructure assistance, including +capitalization grants for State revolving funds and performance +partnership grants, $4,620,992,000 (increased by $5,000,000) (reduced +by $5,000,000), to remain available until expended, of which-- + (1) $1,784,000,000 shall be for making capitalization + grants for the Clean Water State Revolving Funds under title VI + of the Federal Water Pollution Control Act; and of which + $1,300,000,000 shall be for making capitalization grants for + the Drinking Water State Revolving Funds under section 1452 of + the Safe Drinking Water Act: Provided, That for fiscal year + 2020, to the extent there are sufficient eligible project + applications and projects are consistent with State Intended + Use Plans, not less than 10 percent of the funds made available + under this title to each State for Clean Water State Revolving + Fund capitalization grants shall be used by the State for + projects to address green infrastructure, water or energy + efficiency improvements, or other environmentally innovative + activities: Provided further, That for fiscal year 2020, funds + made available under this title to each State for Drinking + Water State Revolving Fund capitalization grants may, at the + discretion of each State, be used for projects to address green + infrastructure, water or energy efficiency improvements, or + other environmentally innovative activities: Provided further, + That notwithstanding section 603(d)(7) of the Federal Water + Pollution Control Act, the limitation on the amounts in a State + water pollution control revolving fund that may be used by a + State to administer the fund shall not apply to amounts + included as principal in loans made by such fund in fiscal year + 2020 and prior years where such amounts represent costs of + administering the fund to the extent that such amounts are or + were deemed reasonable by the Administrator, accounted for + separately from other assets in the fund, and used for eligible + purposes of the fund, including administration: Provided + further, That for fiscal year 2020, notwithstanding the + provisions of subsections (g)(1), (h), and (l) of section 201 + of the Federal Water Pollution Control Act, grants made under + title II of such Act for American Samoa, Guam, the commonwealth + of the Northern Marianas, the United States Virgin Islands, and + the District of Columbia may also be made for the purpose of + providing assistance: (1) solely for facility plans, design + activities, or plans, specifications, and estimates for any + proposed project for the construction of treatment works; and + (2) for the construction, repair, or replacement of privately + owned treatment works serving one or more principal residences + or small commercial establishments: Provided further, That for + fiscal year 2020, notwithstanding the provisions of such + subsections (g)(1), (h), and (l) of section 201 and section + 518(c) of the Federal Water Pollution Control Act, funds + reserved by the Administrator for grants under section 518(c) + of the Federal Water Pollution Control Act may also be used to + provide assistance: (1) solely for facility plans, design + activities, or plans, specifications, and estimates for any + proposed project for the construction of treatment works; and + (2) for the construction, repair, or replacement of privately + owned treatment works serving one or more principal residences + or small commercial establishments: Provided further, That for + fiscal year 2020, notwithstanding any provision of the Federal + Water Pollution Control Act and regulations issued pursuant + thereof, up to a total of $2,000,000 of the funds reserved by + the Administrator for grants under section 518(c) of such Act + may also be used for grants for training, technical assistance, + and educational programs relating to the operation and + management of the treatment works specified in section 518(c) + of such Act: Provided further, That for fiscal year 2020, + funds reserved under section 518(c) of such Act shall be + available for grants only to Indian tribes, as defined in + section 518(h) of such Act and former Indian reservations in + Oklahoma (as determined by the Secretary of the Interior) and + Native Villages as defined in Public Law 92-203: Provided + further, That for fiscal year 2020, notwithstanding the + limitation on amounts in section 518(c) of the Federal Water + Pollution Control Act, up to a total of 2 percent of the funds + appropriated, or $30,000,000, whichever is greater, and + notwithstanding the limitation on amounts in section 1452(i) of + the Safe Drinking Water Act, up to a total of 2 percent of the + funds appropriated, or $20,000,000, whichever is greater, for + State Revolving Funds under such Acts may be reserved by the + Administrator for grants under section 518(c) and section + 1452(i) of such Acts: Provided further, That for fiscal year + 2020, notwithstanding the amounts specified in section 205(c) + of the Federal Water Pollution Control Act, up to 1.5 percent + of the aggregate funds appropriated for the Clean Water State + Revolving Fund program under the Act less any sums reserved + under section 518(c) of the Act, may be reserved by the + Administrator for grants made under title II of the Federal + Water Pollution Control Act for American Samoa, Guam, the + Commonwealth of the Northern Marianas, and United States Virgin + Islands: Provided further, That for fiscal year 2020, + notwithstanding the limitations on amounts specified in section + 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of + the funds appropriated for the Drinking Water State Revolving + Fund programs under the Safe Drinking Water Act may be reserved + by the Administrator for grants made under section 1452(j) of + the Safe Drinking Water Act: Provided further, That 10 percent + of the funds made available under this title to each State for + Clean Water State Revolving Fund capitalization grants and 14 + percent of the funds made available under this title to each + State for Drinking Water State Revolving Fund capitalization + grants shall be used by the State to provide additional subsidy + to eligible recipients in the form of forgiveness of principal, + negative interest loans, or grants (or any combination of + these), and shall be so used by the State only where such funds + are provided as initial financing for an eligible recipient or + to buy, refinance, or restructure the debt obligations of + eligible recipients only where such debt was incurred on or + after the date of enactment of this Act, or where such debt was + incurred prior to the date of enactment of this Act if the + State, with concurrence from the Administrator, determines that + such funds could be used to help address a threat to public + health from heightened exposure to lead in drinking water or if + a Federal or State emergency declaration has been issued due to + a threat to public health from heightened exposure to lead in a + municipal drinking water supply before the date of enactment of + this Act: Provided further, That in a State in which such an + emergency declaration has been issued, the State may use more + than 14 percent of the funds made available under this title to + the State for Drinking Water State Revolving Fund + capitalization grants to provide additional subsidy to eligible + recipients; + (2) $30,000,000 (increased by $10,000,000) (reduced by + $10,000,000) shall be for architectural, engineering, planning, + design, construction and related activities in connection with + the construction of high priority water and wastewater + facilities in the area of the United States-Mexico Border, + after consultation with the appropriate border commission: + Provided, That no funds provided by this appropriations Act to + address the water, wastewater and other critical infrastructure + needs of the colonias in the United States along the United + States-Mexico border shall be made available to a county or + municipal government unless that government has established an + enforceable local ordinance, or other zoning rule, which + prevents in that jurisdiction the development or construction + of any additional colonia areas, or the development within an + existing colonia the construction of any new home, business, or + other structure which lacks water, wastewater, or other + necessary infrastructure; + (3) $20,000,000 shall be for grants to the State of Alaska + to address drinking water and wastewater infrastructure needs + of rural and Alaska Native Villages: Provided, That of these + funds: (A) the State of Alaska shall provide a match of 25 + percent; (B) no more than 5 percent of the funds may be used + for administrative and overhead expenses; and (C) the State of + Alaska shall make awards consistent with the Statewide priority + list established in conjunction with the Agency and the United + States Department of Agriculture for all water, sewer, waste + disposal, and similar projects carried out by the State of + Alaska that are funded under section 221 of the Federal Water + Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm + and Rural Development Act (7 U.S.C. 1921 et seq.) which shall + allocate not less than 25 percent of the funds provided for + projects in regional hub communities; + (4) $105,000,000 shall be to carry out section 104(k) of + the Comprehensive Environmental Response, Compensation, and + Liability Act of 1980 (CERCLA), including grants, interagency + agreements, and associated program support costs: Provided, + That not more than 25 percent of the amount appropriated to + carry out section 104(k) of CERCLA shall be used for site + characterization, assessment, and remediation of facilities + described in section 101(39)(D)(ii)(II) of CERCLA: Provided + further, That at least 10 percent shall be allocated for + assistance in persistent poverty counties: Provided further, + That for purposes of this section, the term ``persistent + poverty counties'' means any county that has had 20 percent or + more of its population living in poverty over the past 30 + years, as measured by the 1990 and 2000 decennial censuses and + the most recent Small Area Income and Poverty Estimates, or any + territory or possession of the United States; + (5) $55,000,000 (increased by $5,000,000) (reduced by + $5,000,000) shall be for grants under title VII, subtitle G of + the Energy Policy Act of 2005; + (6) $30,000,000 shall be for targeted airshed grants in + accordance with the terms and conditions in the report + accompanying this Act; + (7) $4,000,000 shall be to carry out the water quality + program authorized in section 5004(d) of the Water + Infrastructure Improvements for the Nation Act (Public Law 114- + 322); + (8) $25,000,000 shall be for grants and other activities + under subsections (a) through (j) of section 1459A of the Safe + Drinking Water Act (42 U.S.C. 300j-19a)); + (9) $25,000,000 shall be for grants and other activities + under section 1464(d) of the Safe Drinking Water Act (42 U.S.C. + 300j-24(d)); + (10) $20,000,000 (reduced by $5,000,000) (increased by + $5,000,000) shall be for grants under section 1459B of the Safe + Drinking Water Act (42 U.S.C. 300j-19b)); + (11) $4,000,000 shall be for grants under section 1459A(l) + of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l)); + (12) $13,000,000 shall be for grants under section + 104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C. + 1254(b)(8)); + (13) $90,000,000 (reduced by $10,000,000) (increased by + $10,000,000) shall be for grants under section 221 of the + Federal Water Pollution Control Act (33 U.S.C. 1301); + (14) $1,000,000 shall be for grants under section 4304(b) + of America's Water Infrastructure Act of 2018 (Public Law 115- + 270); and + (15) $1,114,992,000 (increased by $1,000,000) (reduced by + $1,000,000) shall be for grants, including associated program + support costs, to States, federally recognized tribes, + interstate agencies, tribal consortia, and air pollution + control agencies for multi-media or single media pollution + prevention, control and abatement and related activities, + including activities pursuant to the provisions set forth under + this heading in Public Law 104-134, and for making grants under + section 103 of the Clean Air Act for particulate matter + monitoring and data collection activities subject to terms and + conditions specified by the Administrator, of which: + $47,745,000 shall be for carrying out section 128 of CERCLA; + $9,646,000 shall be for Environmental Information Exchange + Network grants, including associated program support costs; + $1,498,000 shall be for grants to States under section + 2007(f)(2) of the Solid Waste Disposal Act, which shall be in + addition to funds appropriated under the heading ``Leaking + Underground Storage Tank Trust Fund Program'' to carry out the + provisions of the Solid Waste Disposal Act specified in section + 9508(c) of the Internal Revenue Code other than section 9003(h) + of the Solid Waste Disposal Act; $17,848,000 of the funds + available for grants under section 106 of the Federal Water + Pollution Control Act shall be for State participation in + national- and State-level statistical surveys of water + resources and enhancements to State monitoring programs. + + Water Infrastructure Finance and Innovation Program Account + + For the cost of direct loans and for the cost of guaranteed loans, +as authorized by the Water Infrastructure Finance and Innovation Act of +2014, $45,000,000, to remain available until expended: Provided, That +such costs, including the cost of modifying such loans, shall be as +defined in section 502 of the Congressional Budget Act of 1974: +Provided further, That these funds are available to subsidize gross +obligations for the principal amount of direct loans, including +capitalized interest, and total loan principal, including capitalized +interest, any part of which is to be guaranteed, not to exceed +$5,490,000,000. + In addition, fees authorized to be collected pursuant to sections +5029 and 5030 of the Water Infrastructure Finance and Innovation Act of +2014 shall be deposited in this account, to remain available until +expended. + In addition, for administrative expenses to carry out the direct +and guaranteed loan programs, notwithstanding section 5033 of the Water +Infrastructure Finance and Innovation Act of 2014, $5,000,000, to +remain available until September 30, 2021. + + Administrative Provisions--Environmental Protection Agency + + (including transfers of funds) + + For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and +6305(1), the Administrator of the Environmental Protection Agency, in +carrying out the Agency's function to implement directly Federal +environmental programs required or authorized by law in the absence of +an acceptable tribal program, may award cooperative agreements to +federally recognized Indian tribes or Intertribal consortia, if +authorized by their member tribes, to assist the Administrator in +implementing Federal environmental programs for Indian tribes required +or authorized by law, except that no such cooperative agreements may be +awarded from funds designated for State financial assistance +agreements. + The Administrator of the Environmental Protection Agency is +authorized to collect and obligate pesticide registration service fees +in accordance with section 33 of the Federal Insecticide, Fungicide, +and Rodenticide Act, as amended by Public Law 116-8, the Pesticide +Registration Improvement Extension Act of 2018. + Notwithstanding section 33(d)(2) of the Federal Insecticide, +Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the +Administrator of the Environmental Protection Agency may assess fees +under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2020. + The Administrator is authorized to transfer up to $320,000,000 of +the funds appropriated for the Great Lakes Restoration Initiative under +the heading ``Environmental Programs and Management'' to the head of +any Federal department or agency, with the concurrence of such head, to +carry out activities that would support the Great Lakes Restoration +Initiative and Great Lakes Water Quality Agreement programs, projects, +or activities; to enter into an interagency agreement with the head of +such Federal department or agency to carry out these activities; and to +make grants to governmental entities, nonprofit organizations, +institutions, and individuals for planning, research, monitoring, +outreach, and implementation in furtherance of the Great Lakes +Restoration Initiative and the Great Lakes Water Quality Agreement. + The Science and Technology, Environmental Programs and Management, +Office of Inspector General, Hazardous Substance Superfund, and Leaking +Underground Storage Tank Trust Fund Program Accounts, are available for +the construction, alteration, repair, rehabilitation, and renovation of +facilities, provided that the cost does not exceed $150,000 per +project. + For fiscal year 2020, and notwithstanding section 518(f) of the +Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the +Administrator is authorized to use the amounts appropriated for any +fiscal year under section 319 of the Act to make grants to Indian +tribes pursuant to sections 319(h) and 518(e) of that Act. + The Administrator is authorized to use the amounts appropriated +under the heading ``Environmental Programs and Management'' for fiscal +year 2020 to provide grants to implement the Southeastern New England +Watershed Restoration Program. + Notwithstanding the limitations on amounts in section 320(i)(2)(B) +of the Federal Water Pollution Control Act, not less than $4,000,000 of +the funds made available under this title for the National Estuary +Program shall be for making competitive awards described in section +320(g)(4). + The fourth paragraph under heading ``Administrative Provisions'' in +title II of Public Law 109-54 is amended by striking ``2020'' and +inserting ``2025''. + + TITLE III + + RELATED AGENCIES + + DEPARTMENT OF AGRICULTURE + + office of the under secretary for natural resources and environment + + For necessary expenses of the Office of the Under Secretary for +Natural Resources and Environment, $875,000: Provided, That funds made +available by this Act to any agency in the Natural Resources and +Environment mission area for salaries and expenses are available to +fund up to one administrative support staff for the office. + + Forest Service + + forest service operations + + (including transfers of funds) + + For necessary expenses of the Forest Service, not otherwise +provided for, $921,849,000 to remain available through September 30, +2021, for: (1) the base salary and expenses of permanent employees +carrying out administrative and general management support functions of +the Forest Service; (2) the costs of leases for buildings and sites +where such support functions take place; (3) the costs of utility and +telecommunication expenses, business services, and information +technology, including cybersecurity requirements; and (4) such other +administrative support function expenses necessary for the operation of +the Forest Service: Provided, That not to exceed $565,713,000 shall be +available for the base salaries and expenses described in paragraph +(1): Provided further, That any unobligated balances available to the +Forest Service from prior fiscal years for the purposes described under +this heading shall be transferred to and merged with this account: +Provided further, That any funding for the purposes described under +this heading that are authorized to be paid by permanent funds or trust +funds of the Forest Service shall be transferred to and merged with +this account: Provided further, That none of the funds provided to the +Forest Service under this Act (other than under this heading) may be +used to fund indirect expenses that before the date of the enactment of +this Act were provided for through discretionary cost pools. + + forest and rangeland research + + For necessary expenses of forest and rangeland research as +authorized by law, $277,155,000, to remain available through September +30, 2023: Provided, That of the funds provided, $73,174,000 is for the +forest inventory and analysis program: Provided further, That all +authorities for the use of funds, including the use of contracts, +grants, and cooperative agreements, available to execute the Forest and +Rangeland Research appropriation, are also available in the utilization +of these funds for Fire Science Research. + + state and private forestry + + For necessary expenses of cooperating with and providing technical +and financial assistance to States, territories, possessions, and +others, and for forest health management, and conducting an +international program as authorized, $382,894,000 (increased by +$2,000,000) (reduced by $2,000,000), to remain available through +September 30, 2023, as authorized by law; of which $75,000,000 is to be +derived from the Land and Water Conservation Fund to be used for the +Forest Legacy Program, to remain available until expended. + + national forest system + + For necessary expenses of the Forest Service, not otherwise +provided for, for management, protection, improvement, and utilization +of the National Forest System, and for hazardous fuels management on or +adjacent to such lands, $1,599,308,000 (reduced by $10,000,000) +(increased by $10,000,000) (increased by $1,000,000) (reduced by +$1,000,000) (increased by $3,000,000), to remain available through +September 30, 2023: Provided, That of the funds provided, $35,526,000 +(reduced by $1,000,000) (increased by $1,000,000) shall be deposited in +the Collaborative Forest Landscape Restoration Fund for ecological +restoration treatments as authorized by 16 U.S.C. 7303(f): Provided +further, That of the funds provided, $276,603,000 shall be for forest +products: Provided further, That of the funds provided, $390,169,000 +(increased by $3,000,000) shall be for hazardous fuels management +activities, of which not to exceed $15,000,000 may be used to make +grants, using any authorities available to the Forest Service under the +``State and Private Forestry'' appropriation, for the purpose of +creating incentives for increased use of biomass from National Forest +System lands: Provided further, That $20,000,000 may be used by the +Secretary of Agriculture to enter into procurement contracts or +cooperative agreements or to issue grants for hazardous fuels +management activities, and for training or monitoring associated with +such hazardous fuels management activities on Federal land, or on non- +Federal land if the Secretary determines such activities benefit +resources on Federal land: Provided further, That funds made available +to implement the Community Forestry Restoration Act, Public Law 106- +393, title VI, shall be available for use on non-Federal lands in +accordance with authorities made available to the Forest Service under +the ``State and Private Forestry'' appropriations: Provided further, +That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act +(7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for +grazing on a National Grassland, may provide a credit of up to 50 +percent of the calculated fee to a Grazing Association or direct +permittee for a conservation practice approved by the Secretary in +advance of the fiscal year in which the cost of the conservation +practice is incurred. And, that the amount credited shall remain +available to the Grazing Association or the direct permittee, as +appropriate, in the fiscal year in which the credit is made and each +fiscal year thereafter for use on the project for conservation +practices approved by the Secretary. + + capital improvement and maintenance + + For necessary expenses of the Forest Service, not otherwise +provided for, $419,103,000 (reduced by $1) (increased by $1), to remain +available through September 30, 2023, for construction, capital +improvement, maintenance and acquisition of buildings and other +facilities and infrastructure; and for construction, reconstruction, +decommissioning of roads that are no longer needed, including +unauthorized roads that are not part of the transportation system, and +maintenance of forest roads and trails by the Forest Service as +authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, +That funds becoming available in fiscal year 2020 under the Act of +March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund +of the Treasury and shall not be available for transfer or obligation +for any other purpose unless the funds are appropriated. + + land acquisition + + For expenses necessary to carry out the provisions of chapter 2003 +of title 54, United States Code, including administrative expenses, and +for acquisition of land or waters, or interest therein, in accordance +with statutory authority applicable to the Forest Service, $90,000,000, +to be derived from the Land and Water Conservation Fund and to remain +available until expended. + + acquisition of lands for national forests special acts + + For acquisition of lands within the exterior boundaries of the +Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National +Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland +National Forests, California; and the Ozark-St. Francis and Ouachita +National Forests, Arkansas; as authorized by law, $700,000, to be +derived from forest receipts. + + acquisition of lands to complete land exchanges + + For acquisition of lands, such sums, to be derived from funds +deposited by State, county, or municipal governments, public school +districts, or other public school authorities, and for authorized +expenditures from funds deposited by non-Federal parties pursuant to +Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 +(16 U.S.C. 484a), to remain available through September 30, 2022, (16 +U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; +and Public Law 78-310). + + range betterment fund + + For necessary expenses of range rehabilitation, protection, and +improvement, 50 percent of all moneys received during the prior fiscal +year, as fees for grazing domestic livestock on lands in National +Forests in the 16 Western States, pursuant to section 401(b)(1) of +Public Law 94-579, to remain available through September 30, 2023, of +which not to exceed 6 percent shall be available for administrative +expenses associated with on-the-ground range rehabilitation, +protection, and improvements. + + gifts, donations and bequests for forest and rangeland research + + For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain +available through September 30, 2023, to be derived from the fund +established pursuant to the above Act. + + management of national forest lands for subsistence uses + + For necessary expenses of the Forest Service to manage Federal +lands in Alaska for subsistence uses under title VIII of the Alaska +National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), +$2,500,000, to remain available through September 30, 2023. + + wildland fire management + + (including transfers of funds) + + For necessary expenses for forest fire presuppression activities on +National Forest System lands, for emergency wildland fire suppression +on or adjacent to such lands or other lands under fire protection +agreement, and for emergency rehabilitation of burned-over National +Forest System lands and water, $2,009,545,000 (increased by +$2,000,000), to remain available through September 30, 2023: Provided, +That such funds including unobligated balances under this heading, are +available for repayment of advances from other appropriations accounts +previously transferred for such purposes: Provided further, That any +unobligated funds appropriated in a previous fiscal year for hazardous +fuels management may be transferred to the ``National Forest System'' +account: Provided further, That such funds shall be available to +reimburse State and other cooperating entities for services provided in +response to wildfire and other emergencies or disasters to the extent +such reimbursements by the Forest Service for non-fire emergencies are +fully repaid by the responsible emergency management agency: Provided +further, That funds provided shall be available for support to Federal +emergency response: Provided further, That the costs of implementing +any cooperative agreement between the Federal Government and any non- +Federal entity may be shared, as mutually agreed on by the affected +parties: Provided further, That of the funds provided under this +heading, $1,011,000,000 shall be available for wildfire suppression +operations, and is provided to meet the terms of section +251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit +Control Act of 1985, as amended. + In addition to the amounts provided under this heading for +wildfire suppression operations, $1,950,000,000, to remain available +until expended, is additional new budget authority as specified for +purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency +Deficit Control Act of 1985: Provided, That the Secretary of +Agriculture may transfer such amounts to the Department of Interior for +wildfire suppression operations. + + administrative provisions--forest service + + (including transfers of funds) + + Appropriations to the Forest Service for the current fiscal year +shall be available for: (1) purchase of passenger motor vehicles; +acquisition of passenger motor vehicles from excess sources, and hire +of such vehicles; purchase, lease, operation, maintenance, and +acquisition of aircraft to maintain the operable fleet for use in +Forest Service wildland fire programs and other Forest Service +programs; notwithstanding other provisions of law, existing aircraft +being replaced may be sold, with proceeds derived or trade-in value +used to offset the purchase price for the replacement aircraft; (2) +services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for +employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration +of buildings and other public improvements (7 U.S.C. 2250); (4) +acquisition of land, waters, and interests therein pursuant to 7 U.S.C. +428a; (5) for expenses pursuant to the Volunteers in the National +Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost +of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt +collection contracts in accordance with 31 U.S.C. 3718(c). + Not more than $50,000,000 of funds appropriated to the Forest +Service shall be available for expenditure or transfer to the +Department of the Interior for wildland fire management, hazardous +fuels management, and State fire assistance when such transfers would +facilitate and expedite wildland fire management programs and projects. + Funds appropriated to the Forest Service shall be available for +assistance to or through the Agency for International Development in +connection with forest and rangeland research, technical information, +and assistance in foreign countries, and shall be available to support +forestry and related natural resource activities outside the United +States and its territories and possessions, including technical +assistance, education and training, and cooperation with United States, +private, and international organizations. The Forest Service, acting +for the International Program, may sign direct funding agreements with +foreign governments and institutions as well as other domestic agencies +(including the United States Agency for International Development, the +Department of State, and the Millennium Challenge Corporation), United +States private sector firms, institutions and organizations to provide +technical assistance and training programs overseas on forestry and +rangeland management. + Funds appropriated to the Forest Service shall be available for +expenditure or transfer to the Department of the Interior, Bureau of +Land Management, for removal, preparation, and adoption of excess wild +horses and burros from National Forest System lands, and for the +performance of cadastral surveys to designate the boundaries of such +lands. + None of the funds made available to the Forest Service in this Act +or any other Act with respect to any fiscal year shall be subject to +transfer under the provisions of section 702(b) of the Department of +Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public +Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171 +(7 U.S.C. 8316(b)). + Not more than $82,000,000 of funds available to the Forest Service +shall be transferred to the Working Capital Fund of the Department of +Agriculture and not more than $14,500,000 of funds available to the +Forest Service shall be transferred to the Department of Agriculture +for Department Reimbursable Programs, commonly referred to as Greenbook +charges. Nothing in this paragraph shall prohibit or limit the use of +reimbursable agreements requested by the Forest Service in order to +obtain services from the Department of Agriculture's National +Information Technology Center and the Department of Agriculture's +International Technology Service. + Of the funds available to the Forest Service, up to $5,000,000 +shall be available for priority projects within the scope of the +approved budget, which shall be carried out by the Youth Conservation +Corps and shall be carried out under the authority of the Public Lands +Corps Act of 1993 (16 U.S.C. 1721 et seq.). + Of the funds available to the Forest Service, $4,000 is available +to the Chief of the Forest Service for official reception and +representation expenses. + Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of +the funds available to the Forest Service, up to $3,000,000 may be +advanced in a lump sum to the National Forest Foundation to aid +conservation partnership projects in support of the Forest Service +mission, without regard to when the Foundation incurs expenses, for +projects on or benefitting National Forest System lands or related to +Forest Service programs: Provided, That of the Federal funds made +available to the Foundation, no more than $300,000 shall be available +for administrative expenses: Provided further, That the Foundation +shall obtain, by the end of the period of Federal financial assistance, +private contributions to match funds made available by the Forest +Service on at least a one-for-one basis: Provided further, That the +Foundation may transfer Federal funds to a Federal or a non-Federal +recipient for a project at the same rate that the recipient has +obtained the non-Federal matching funds. + Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 +of the funds available to the Forest Service may be advanced to the +National Fish and Wildlife Foundation in a lump sum to aid cost-share +conservation projects, without regard to when expenses are incurred, on +or benefitting National Forest System lands or related to Forest +Service programs: Provided, That such funds shall be matched on at +least a one-for-one basis by the Foundation or its sub-recipients: +Provided further, That the Foundation may transfer Federal funds to a +Federal or non-Federal recipient for a project at the same rate that +the recipient has obtained the non-Federal matching funds. + Funds appropriated to the Forest Service shall be available for +interactions with and providing technical assistance to rural +communities and natural resource-based businesses for sustainable rural +development purposes. + Funds appropriated to the Forest Service shall be available for +payments to counties within the Columbia River Gorge National Scenic +Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of +Public Law 99-663. + Any funds appropriated to the Forest Service may be used to meet +the non-Federal share requirement in section 502(c) of the Older +Americans Act of 1965 (42 U.S.C. 3056(c)(2)). + The Forest Service shall not assess funds for the purpose of +performing fire, administrative, and other facilities maintenance and +decommissioning. + Funds appropriated to the Forest Service shall not be available for +the destruction of healthy, unadopted, wild horses and burros in the +care of the Forest Service or its contractors or for the sale of wild +horses and burros that results in their destruction for processing into +commercial products. + Notwithstanding any other provision of law, of any appropriations +or funds available to the Forest Service, not to exceed $500,000 may be +used to reimburse the Office of the General Counsel (OGC), Department +of Agriculture, for travel and related expenses incurred as a result of +OGC assistance or participation requested by the Forest Service at +meetings, training sessions, management reviews, land purchase +negotiations and similar matters unrelated to civil litigation. Future +budget justifications for both the Forest Service and the Department of +Agriculture should clearly display the sums previously transferred and +the sums requested for transfer. + An eligible individual who is employed in any project funded under +title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and +administered by the Forest Service shall be considered to be a Federal +employee for purposes of chapter 171 of title 28, United States Code. + Notwithstanding any other provision of this Act, through the Office +of Budget and Program Analysis, the Forest Service shall report no +later than 30 business days following the close of each fiscal quarter +all current and prior year unobligated balances, by fiscal year, budget +line item and account, to the House and Senate Committees on +Appropriations. + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Indian Health Service + + indian health services + + For expenses necessary to carry out the Act of August 5, 1954 (68 +Stat. 674), the Indian Self-Determination and Education Assistance Act, +the Indian Health Care Improvement Act, and titles II and III of the +Public Health Service Act with respect to the Indian Health Service, +$4,556,870,000 (increased by $1,000,000) (increased by $35,000,000) +(reduced by $35,000,000), to remain available until September 30, 2021, +except as otherwise provided herein, together with payments received +during the fiscal year pursuant to sections 231(b) and 233 of the +Public Health Service Act (42 U.S.C. 238(b) and 238b), for services +furnished by the Indian Health Service: Provided, That funds made +available to tribes and tribal organizations through contracts, grant +agreements, or any other agreements or compacts authorized by the +Indian Self-Determination and Education Assistance Act of 1975 (25 +U.S.C. 450), shall be deemed to be obligated at the time of the grant +or contract award and thereafter shall remain available to the tribe or +tribal organization without fiscal year limitation: Provided further, +That $2,000,000 shall be available for grants or contracts with public +or private institutions to provide alcohol or drug treatment services +to Indians, including alcohol detoxification services: Provided +further, That $969,479,000 for Purchased/Referred Care, including +$53,000,000 for the Indian Catastrophic Health Emergency Fund, shall +remain available until expended: Provided further, That of the funds +provided, up to $50,000,000 shall remain available until expended for +implementation of the loan repayment program under section 108 of the +Indian Health Care Improvement Act: Provided further, That of the +funds provided, $53,000,000 shall remain available until expended to +supplement funds available for operational costs at tribal clinics +operated under an Indian Self-Determination and Education Assistance +Act compact or contract where health care is delivered in space +acquired through a full service lease, which is not eligible for +maintenance and improvement and equipment funds from the Indian Health +Service, and $58,000,000 shall be for costs related to or resulting +from accreditation emergencies, including supplementing activities +funded under the heading ``Indian Health Facilities,'' of which up to +$4,000,000 may be used to supplement amounts otherwise available for +Purchased/Referred Care: Provided further, That the amounts collected +by the Federal Government as authorized by sections 104 and 108 of the +Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during +the preceding fiscal year for breach of contracts shall be deposited to +the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and +shall remain available until expended and, notwithstanding section +108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to +make new awards under the loan repayment and scholarship programs under +sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided +further, That the amounts made available within this account for the +Substance Abuse and Suicide Prevention Program, for Opioid Prevention, +Treatment and Recovery Services, for the Domestic Violence Prevention +Program, for the Zero Suicide Initiative, for the housing subsidy +authority for civilian employees, for Aftercare Pilot Programs at Youth +Regional Treatment Centers, for transformation and modernization costs +of the Indian Health Service Electronic Health Record system, for +national quality and oversight activities, for initiatives to treat or +reduce the transmission of Hepatitis-C and HIV-AIDS or both in high +priority areas, to improve collections from public and private +insurance at Indian Health Service and tribally operated facilities, +and for accreditation emergencies shall be allocated at the discretion +of the Director of the Indian Health Service and shall remain available +until expended: Provided further, That funds provided in this Act may +be used for annual contracts and grants that fall within 2 fiscal +years, provided the total obligation is recorded in the year the funds +are appropriated: Provided further, That the amounts collected by the +Secretary of Health and Human Services under the authority of title IV +of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain +available until expended for the purpose of achieving compliance with +the applicable conditions and requirements of titles XVIII and XIX of +the Social Security Act, except for those related to the planning, +design, or construction of new facilities: Provided further, That +funding contained herein for scholarship programs under the Indian +Health Care Improvement Act (25 U.S.C. 1613) shall remain available +until expended: Provided further, That amounts received by tribes and +tribal organizations under title IV of the Indian Health Care +Improvement Act shall be reported and accounted for and available to +the receiving tribes and tribal organizations until expended: Provided +further, That the Bureau of Indian Affairs may collect from the Indian +Health Service, and from tribes and tribal organizations operating +health facilities pursuant to Public Law 93-638, such individually +identifiable health information relating to disabled children as may be +necessary for the purpose of carrying out its functions under the +Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.): +Provided further, That of the funds provided, $72,280,000 is for the +Indian Health Care Improvement Fund and may be used, as needed, to +carry out activities typically funded under the Indian Health +Facilities account; Provided further, That none of the funds +appropriated by this Act to the Indian Health Service for the +Electronic Health Record system shall be available for obligation or +expenditure for the selection or implementation of a new Information +Technology infrastructure system, unless the Committees on +Appropriations of the House of Representatives and the Senate are +consulted 90 days in advance of such obligation. + + contract support costs + + For payments to tribes and tribal organizations for contract +support costs associated with Indian Self-Determination and Education +Assistance Act agreements with the Indian Health Service for fiscal +year 2020, such sums as may be necessary: Provided, That +notwithstanding any other provision of law, no amounts made available +under this heading shall be available for transfer to another budget +account. + + indian health facilities + + For construction, repair, maintenance, improvement, demolition, and +equipment of health and related auxiliary facilities, including +quarters for personnel; preparation of plans, specifications, and +drawings; acquisition of sites, purchase and erection of modular +buildings, and purchases of trailers; and for provision of domestic and +community sanitation facilities for Indians, as authorized by section 7 +of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self- +Determination Act, and the Indian Health Care Improvement Act, and for +expenses necessary to carry out such Acts and titles II and III of the +Public Health Service Act with respect to environmental health and +facilities support activities of the Indian Health Service, +$964,121,000 (reduced by $7,000,000) (increased by $7,000,000), to +remain available until expended: Provided, That notwithstanding any +other provision of law, funds appropriated for the planning, design, +construction, renovation or expansion of health facilities for the +benefit of an Indian tribe or tribes may be used to purchase land on +which such facilities will be located: Provided further, That not to +exceed $500,000 may be used by the Indian Health Service to purchase +TRANSAM equipment from the Department of Defense for distribution to +the Indian Health Service and tribal facilities: Provided further, +That none of the funds appropriated to the Indian Health Service may be +used for sanitation facilities construction for new homes funded with +grants by the housing programs of the United States Department of +Housing and Urban Development. + + administrative provisions--indian health service + + Appropriations provided in this Act to the Indian Health Service +shall be available for services as authorized by 5 U.S.C. 3109 at rates +not to exceed the per diem rate equivalent to the maximum rate payable +for senior-level positions under 5 U.S.C. 5376; hire of passenger motor +vehicles and aircraft; purchase of medical equipment; purchase of +reprints; purchase, renovation and erection of modular buildings and +renovation of existing facilities; payments for telephone service in +private residences in the field, when authorized under regulations +approved by the Secretary of Health and Human Services; uniforms or +allowances therefor as authorized by 5 U.S.C. 5901-5902; and for +expenses of attendance at meetings that relate to the functions or +activities of the Indian Health Service: Provided, That in accordance +with the provisions of the Indian Health Care Improvement Act, non- +Indian patients may be extended health care at all tribally +administered or Indian Health Service facilities, subject to charges, +and the proceeds along with funds recovered under the Federal Medical +Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the +account of the facility providing the service and shall be available +without fiscal year limitation: Provided further, That notwithstanding +any other law or regulation, funds transferred from the Department of +Housing and Urban Development to the Indian Health Service shall be +administered under Public Law 86-121, the Indian Sanitation Facilities +Act and Public Law 93-638: Provided further, That funds appropriated +to the Indian Health Service in this Act, except those used for +administrative and program direction purposes, shall not be subject to +limitations directed at curtailing Federal travel and transportation: +Provided further, That none of the funds made available to the Indian +Health Service in this Act shall be used for any assessments or charges +by the Department of Health and Human Services unless identified in the +budget justification and provided in this Act, or approved by the House +and Senate Committees on Appropriations through the reprogramming +process: Provided further, That notwithstanding any other provision of +law, funds previously or herein made available to a tribe or tribal +organization through a contract, grant, or agreement authorized by +title I or title V of the Indian Self-Determination and Education +Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and +reobligated to a self-determination contract under title I, or a self- +governance agreement under title V of such Act and thereafter shall +remain available to the tribe or tribal organization without fiscal +year limitation: Provided further, That none of the funds made +available to the Indian Health Service in this Act shall be used to +implement the final rule published in the Federal Register on September +16, 1987, by the Department of Health and Human Services, relating to +the eligibility for the health care services of the Indian Health +Service until the Indian Health Service has submitted a budget request +reflecting the increased costs associated with the proposed final rule, +and such request has been included in an appropriations Act and enacted +into law: Provided further, That with respect to functions transferred +by the Indian Health Service to tribes or tribal organizations, the +Indian Health Service is authorized to provide goods and services to +those entities on a reimbursable basis, including payments in advance +with subsequent adjustment, and the reimbursements received therefrom, +along with the funds received from those entities pursuant to the +Indian Self-Determination Act, may be credited to the same or +subsequent appropriation account from which the funds were originally +derived, with such amounts to remain available until expended: +Provided further, That reimbursements for training, technical +assistance, or services provided by the Indian Health Service will +contain total costs, including direct, administrative, and overhead +costs associated with the provision of goods, services, or technical +assistance: Provided further, That the Indian Health Service may +provide to civilian medical personnel serving in hospitals operated by +the Indian Health Service housing allowances equivalent to those that +would be provided to members of the Commissioned Corps of the United +States Public Health Service serving in similar positions at such +hospitals: Provided further, That the appropriation structure for the +Indian Health Service may not be altered without advance notification +to the House and Senate Committees on Appropriations. + + National Institutes of Health + + national institute of environmental health sciences + + For necessary expenses for the National Institute of Environmental +Health Sciences in carrying out activities set forth in section 311(a) +of the Comprehensive Environmental Response, Compensation, and +Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the +Superfund Amendments and Reauthorization Act of 1986, $80,000,000. + + Agency for Toxic Substances and Disease Registry + + toxic substances and environmental public health + + For necessary expenses for the Agency for Toxic Substances and +Disease Registry (ATSDR) in carrying out activities set forth in +sections 104(i) and 111(c)(4) of the Comprehensive Environmental +Response, Compensation, and Liability Act of 1980 (CERCLA) and section +3019 of the Solid Waste Disposal Act, $79,691,000: Provided, That +notwithstanding any other provision of law, in lieu of performing a +health assessment under section 104(i)(6) of CERCLA, the Administrator +of ATSDR may conduct other appropriate health studies, evaluations, or +activities, including, without limitation, biomedical testing, clinical +evaluations, medical monitoring, and referral to accredited healthcare +providers: Provided further, That in performing any such health +assessment or health study, evaluation, or activity, the Administrator +of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of +CERCLA: Provided further, That none of the funds appropriated under +this heading shall be available for ATSDR to issue in excess of 40 +toxicological profiles pursuant to section 104(i) of CERCLA during +fiscal year 2020, and existing profiles may be updated as necessary. + + OTHER RELATED AGENCIES + + Executive Office of the President + + council on environmental quality and office of environmental quality + + For necessary expenses to continue functions assigned to the +Council on Environmental Quality and Office of Environmental Quality +pursuant to the National Environmental Policy Act of 1969, the +Environmental Quality Improvement Act of 1970, and Reorganization Plan +No. 1 of 1977, and not to exceed $750 for official reception and +representation expenses, $2,994,000: Provided, That notwithstanding +section 202 of the National Environmental Policy Act of 1970, the +Council shall consist of one member, appointed by the President, by and +with the advice and consent of the Senate, serving as chairman and +exercising all powers, functions, and duties of the Council. + + Chemical Safety and Hazard Investigation Board + + salaries and expenses + + For necessary expenses in carrying out activities pursuant to +section 112(r)(6) of the Clean Air Act, including hire of passenger +vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. +5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates +for individuals not to exceed the per diem equivalent to the maximum +rate payable for senior level positions under 5 U.S.C. 5376, +$12,000,000: Provided, That the Chemical Safety and Hazard +Investigation Board (Board) shall have not more than three career +Senior Executive Service positions: Provided further, That +notwithstanding any other provision of law, the individual appointed to +the position of Inspector General of the Environmental Protection +Agency (EPA) shall, by virtue of such appointment, also hold the +position of Inspector General of the Board: Provided further, That +notwithstanding any other provision of law, the Inspector General of +the Board shall utilize personnel of the Office of Inspector General of +EPA in performing the duties of the Inspector General of the Board, and +shall not appoint any individuals to positions within the Board. + + Office of Navajo and Hopi Indian Relocation + + salaries and expenses + + For necessary expenses of the Office of Navajo and Hopi Indian +Relocation as authorized by Public Law 93-531, $7,500,000, to remain +available until expended: Provided, That funds provided in this or any +other appropriations Act are to be used to relocate eligible +individuals and groups including evictees from District 6, Hopi- +partitioned lands residents, those in significantly substandard +housing, and all others certified as eligible and not included in the +preceding categories: Provided further, That none of the funds +contained in this or any other Act may be used by the Office of Navajo +and Hopi Indian Relocation to evict any single Navajo or Navajo family +who, as of November 30, 1985, was physically domiciled on the lands +partitioned to the Hopi Tribe unless a new or replacement home is +provided for such household: Provided further, That no relocatee will +be provided with more than one new or replacement home: Provided +further, That the Office shall relocate any certified eligible +relocatees who have selected and received an approved homesite on the +Navajo reservation or selected a replacement residence off the Navajo +reservation or on the land acquired pursuant to section 11 of Public +Law 93-531 (88 Stat. 1716). + + Institute of American Indian and Alaska Native Culture and Arts + Development + + payment to the institute + + For payment to the Institute of American Indian and Alaska Native +Culture and Arts Development, as authorized by part A of title XV of +Public Law 99-498 (20 U.S.C. 4411 et seq.), $10,850,000, which shall +become available on July 1, 2020, and shall remain available until +September 30, 2021. + + Smithsonian Institution + + salaries and expenses + + For necessary expenses of the Smithsonian Institution, as +authorized by law, including research in the fields of art, science, +and history; development, preservation, and documentation of the +National Collections; presentation of public exhibits and performances; +collection, preparation, dissemination, and exchange of information and +publications; conduct of education, training, and museum assistance +programs; maintenance, alteration, operation, lease agreements of no +more than 30 years, and protection of buildings, facilities, and +approaches; not to exceed $100,000 for services as authorized by 5 +U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for +employees, $852,345,000, to remain available until September 30, 2021, +except as otherwise provided herein; of which not to exceed $6,908,000 +for the instrumentation program, collections acquisition, exhibition +reinstallation, and the repatriation of skeletal remains program shall +remain available until expended; and including such funds as may be +necessary to support American overseas research centers: Provided, +That funds appropriated herein are available for advance payments to +independent contractors performing research services or participating +in official Smithsonian presentations. + + facilities capital + + For necessary expenses of repair, revitalization, and alteration of +facilities owned or occupied by the Smithsonian Institution, by +contract or otherwise, as authorized by section 2 of the Act of August +22, 1949 (63 Stat. 623), and for construction, including necessary +personnel, $219,000,000, to remain available until expended, of which +not to exceed $10,000 shall be for services as authorized by 5 U.S.C. +3109. + + National Gallery of Art + + salaries and expenses + + For the upkeep and operations of the National Gallery of Art, the +protection and care of the works of art therein, and administrative +expenses incident thereto, as authorized by the Act of March 24, 1937 +(50 Stat. 51), as amended by the public resolution of April 13, 1939 +(Public Resolution 9, Seventy-sixth Congress), including services as +authorized by 5 U.S.C. 3109; payment in advance when authorized by the +treasurer of the Gallery for membership in library, museum, and art +associations or societies whose publications or services are available +to members only, or to members at a price lower than to the general +public; purchase, repair, and cleaning of uniforms for guards, and +uniforms, or allowances therefor, for other employees as authorized by +law (5 U.S.C. 5901-5902); purchase or rental of devices and services +for protecting buildings and contents thereof, and maintenance, +alteration, improvement, and repair of buildings, approaches, and +grounds; and purchase of services for restoration and repair of works +of art for the National Gallery of Art by contracts made, without +advertising, with individuals, firms, or organizations at such rates or +prices and under such terms and conditions as the Gallery may deem +proper, $147,022,000, to remain available until September 30, 2021, of +which not to exceed $3,660,000 for the special exhibition program shall +remain available until expended. + + repair, restoration and renovation of buildings + + For necessary expenses of repair, restoration and renovation of +buildings, grounds and facilities owned or occupied by the National +Gallery of Art, by contract or otherwise, for operating lease +agreements of no more than 10 years, with no extensions or renewals +beyond the 10 years, that address space needs created by the ongoing +renovations in the Master Facilities Plan, as authorized, $34,603,000, +to remain available until expended: Provided, That of this amount, +$1,000,000 shall be available for design of an off-site art storage +facility in partnership with the Smithsonian Institution: Provided +further, That contracts awarded for environmental systems, protection +systems, and exterior repair or renovation of buildings of the National +Gallery of Art may be negotiated with selected contractors and awarded +on the basis of contractor qualifications as well as price. + + John F. Kennedy Center for the Performing Arts + + operations and maintenance + + For necessary expenses for the operation, maintenance and security +of the John F. Kennedy Center for the Performing Arts, $25,690,000. + + capital repair and restoration + + For necessary expenses for capital repair and restoration of the +existing features of the building and site of the John F. Kennedy +Center for the Performing Arts, $17,800,000, to remain available until +expended. + + Woodrow Wilson International Center for Scholars + + salaries and expenses + + For expenses necessary in carrying out the provisions of the +Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of +passenger vehicles and services as authorized by 5 U.S.C. 3109, +$14,000,000, to remain available until September 30, 2021. + + National Foundation on the Arts and the Humanities + + National Endowment for the Arts + + grants and administration + + For necessary expenses to carry out the National Foundation on the +Arts and the Humanities Act of 1965, $167,500,000 shall be available to +the National Endowment for the Arts for the support of projects and +productions in the arts, including arts education and public outreach +activities, through assistance to organizations and individuals +pursuant to section 5 of the Act, for program support, and for +administering the functions of the Act, to remain available until +expended. + + National Endowment for the Humanities + + grants and administration + + For necessary expenses to carry out the National Foundation on the +Arts and the Humanities Act of 1965, $167,500,000 to remain available +until expended, of which $152,500,000 shall be available for support of +activities in the humanities, pursuant to section 7(c) of the Act and +for administering the functions of the Act; and $15,000,000 shall be +available to carry out the matching grants program pursuant to section +10(a)(2) of the Act, including $13,000,000 for the purposes of section +7(h): Provided, That appropriations for carrying out section 10(a)(2) +shall be available for obligation only in such amounts as may be equal +to the total amounts of gifts, bequests, devises of money, and other +property accepted by the chairman or by grantees of the National +Endowment for the Humanities under the provisions of sections +11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal +years for which equal amounts have not previously been appropriated. + + Administrative Provisions + + None of the funds appropriated to the National Foundation on the +Arts and the Humanities may be used to process any grant or contract +documents which do not include the text of 18 U.S.C. 1913: Provided, +That none of the funds appropriated to the National Foundation on the +Arts and the Humanities may be used for official reception and +representation expenses: Provided further, That funds from +nonappropriated sources may be used as necessary for official reception +and representation expenses: Provided further, That the Chairperson of +the National Endowment for the Arts may approve grants of up to +$10,000, if in the aggregate the amount of such grants does not exceed +5 percent of the sums appropriated for grantmaking purposes per year: +Provided further, That such small grant actions are taken pursuant to +the terms of an expressed and direct delegation of authority from the +National Council on the Arts to the Chairperson. + + Commission of Fine Arts + + salaries and expenses + + For expenses of the Commission of Fine Arts under chapter 91 of +title 40, United States Code, $3,282,000: Provided, That the +Commission is authorized to charge fees to cover the full costs of its +publications, and such fees shall be credited to this account as an +offsetting collection, to remain available until expended without +further appropriation: Provided further, That the Commission is +authorized to accept gifts, including objects, papers, artwork, +drawings and artifacts, that pertain to the history and design of the +Nation's Capital or the history and activities of the Commission of +Fine Arts, for the purpose of artistic display, study, or education: +Provided further, That one-tenth of one percent of the funds provided +under this heading may be used for official reception and +representation expenses. + + national capital arts and cultural affairs + + For necessary expenses as authorized by Public Law 99-190 (20 +U.S.C. 956a), $5,000,000. + + Advisory Council on Historic Preservation + + salaries and expenses + + For necessary expenses of the Advisory Council on Historic +Preservation (Public Law 89-665), $7,388,000. + + National Capital Planning Commission + + salaries and expenses + + For necessary expenses of the National Capital Planning Commission +under chapter 87 of title 40, United States Code, including services as +authorized by 5 U.S.C. 3109, $8,124,000: Provided, That one-quarter of +1 percent of the funds provided under this heading may be used for +official reception and representational expenses associated with +hosting international visitors engaged in the planning and physical +development of world capitals. + + United States Holocaust Memorial Museum + + holocaust memorial museum + + For expenses of the Holocaust Memorial Museum, as authorized by +Public Law 106-292 (36 U.S.C. 2301-2310), $61,388,000, of which +$715,000 shall remain available until September 30, 2022, for the +Museum's equipment replacement program; and of which $3,000,000 for the +Museum's repair and rehabilitation program and $1,264,000 for the +Museum's outreach initiatives program shall remain available until +expended. + + Dwight d. Eisenhower Memorial Commission + + salaries and expenses + + For necessary expenses of the Dwight D. Eisenhower Memorial +Commission, $1,800,000, to remain available until expended. + + world war i centennial commission + + salaries and expenses + + Notwithstanding section 9 of the World War I Centennial Commission +Act, as authorized by the World War I Centennial Commission Act (Public +Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National +Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), +for necessary expenses of the World War I Centennial Commission, +$6,000,000, to remain available until September 30, 2021: Provided, +That in addition to the authority provided by section 6(g) of such Act, +the World War I Commission may accept money, in-kind personnel +services, contractual support, or any appropriate support from any +executive branch agency for activities of the Commission. + + TITLE IV + + GENERAL PROVISIONS + + restriction on use of funds + + Sec. 401. No part of any appropriation contained in this Act shall +be available for any activity or the publication or distribution of +literature that in any way tends to promote public support or +opposition to any legislative proposal on which Congressional action is +not complete other than to communicate to Members of Congress as +described in 18 U.S.C. 1913. + + obligation of appropriations + + Sec. 402. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + + disclosure of administrative expenses + + Sec. 403. The amount and basis of estimated overhead charges, +deductions, reserves or holdbacks, including working capital fund and +cost pool charges, from programs, projects, activities and +subactivities to support government-wide, departmental, agency, or +bureau administrative functions or headquarters, regional, or central +operations shall be presented in annual budget justifications and +subject to approval by the Committees on Appropriations of the House of +Representatives and the Senate. Changes to such estimates shall be +presented to the Committees on Appropriations for approval. + + mining applications + + Sec. 404. (a) Limitation of Funds.--None of the funds appropriated +or otherwise made available pursuant to this Act shall be obligated or +expended to accept or process applications for a patent for any mining +or mill site claim located under the general mining laws. + (b) Exceptions.--Subsection (a) shall not apply if the Secretary of +the Interior determines that, for the claim concerned (1) a patent +application was filed with the Secretary on or before September 30, +1994; and (2) all requirements established under sections 2325 and 2326 +of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, +sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. +35, 36, and 37) for placer claims, and section 2337 of the Revised +Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were +fully complied with by the applicant by that date. + (c) Report.--On September 30, 2021, the Secretary of the Interior +shall file with the House and Senate Committees on Appropriations and +the Committee on Natural Resources of the House and the Committee on +Energy and Natural Resources of the Senate a report on actions taken by +the Department under the plan submitted pursuant to section 314(c) of +the Department of the Interior and Related Agencies Appropriations Act, +1997 (Public Law 104-208). + (d) Mineral Examinations.--In order to process patent applications +in a timely and responsible manner, upon the request of a patent +applicant, the Secretary of the Interior shall allow the applicant to +fund a qualified third-party contractor to be selected by the Director +of the Bureau of Land Management to conduct a mineral examination of +the mining claims or mill sites contained in a patent application as +set forth in subsection (b). The Bureau of Land Management shall have +the sole responsibility to choose and pay the third-party contractor in +accordance with the standard procedures employed by the Bureau of Land +Management in the retention of third-party contractors. + + contract support costs, prior year limitation + + Sec. 405. Sections 405 and 406 of division F of the Consolidated +and Further Continuing Appropriations Act, 2015 (Public Law 113-235) +shall continue in effect in fiscal year 2020. + + contract support costs, fiscal year 2020 limitation + + Sec. 406. Amounts provided by this Act for fiscal year 2020 under +the headings ``Department of Health and Human Services, Indian Health +Service, Contract Support Costs'' and ``Department of the Interior, +Bureau of Indian Affairs and Bureau of Indian Education, Contract +Support Costs'' are the only amounts available for contract support +costs arising out of self-determination or self-governance contracts, +grants, compacts, or annual funding agreements for fiscal year 2020 +with the Bureau of Indian Affairs, Bureau of Indian Education, and the +Indian Health Service: Provided, That such amounts provided by this +Act are not available for payment of claims for contract support costs +for prior years, or for repayments of payments for settlements or +judgments awarding contract support costs for prior years. + + forest management plans + + Sec. 407. The Secretary of Agriculture shall not be considered to +be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland +Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) +solely because more than 15 years have passed without revision of the +plan for a unit of the National Forest System. Nothing in this section +exempts the Secretary from any other requirement of the Forest and +Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or +any other law: Provided, That if the Secretary is not acting +expeditiously and in good faith, within the funding available, to +revise a plan for a unit of the National Forest System, this section +shall be void with respect to such plan and a court of proper +jurisdiction may order completion of the plan on an accelerated basis. + + prohibition within national monuments + + Sec. 408. No funds provided in this Act may be expended to conduct +preleasing, leasing and related activities under either the Mineral +Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf +Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National +Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 +et seq.) as such boundary existed on January 20, 2001, except where +such activities are allowed under the Presidential proclamation +establishing such monument. + + limitation on takings + + Sec. 409. Unless otherwise provided herein, no funds appropriated +in this Act for the acquisition of lands or interests in lands may be +expended for the filing of declarations of taking or complaints in +condemnation without the approval of the House and Senate Committees on +Appropriations: Provided, That this provision shall not apply to funds +appropriated to implement the Everglades National Park Protection and +Expansion Act of 1989, or to funds appropriated for Federal assistance +to the State of Florida to acquire lands for Everglades restoration +purposes. + + prohibition on no-bid contracts + + Sec. 410. None of the funds appropriated or otherwise made +available by this Act to executive branch agencies may be used to enter +into any Federal contract unless such contract is entered into in +accordance with the requirements of Chapter 33 of title 41, United +States Code, or Chapter 137 of title 10, United States Code, and the +Federal Acquisition Regulation, unless-- + (1) Federal law specifically authorizes a contract to be + entered into without regard for these requirements, including + formula grants for States, or federally recognized Indian + tribes; + (2) such contract is authorized by the Indian Self- + Determination and Education Assistance Act (Public Law 93-638, + 25 U.S.C. 450 et seq.) or by any other Federal laws that + specifically authorize a contract within an Indian tribe as + defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or + (3) such contract was awarded prior to the date of + enactment of this Act. + + posting of reports + + Sec. 411. (a) Any agency receiving funds made available in this +Act, shall, subject to subsections (b) and (c), post on the public +website of that agency any report required to be submitted by the +Congress in this or any other Act, upon the determination by the head +of the agency that it shall serve the national interest. + (b) Subsection (a) shall not apply to a report if-- + (1) the public posting of the report compromises national + security; or + (2) the report contains proprietary information. + (c) The head of the agency posting such report shall do so only +after such report has been made available to the requesting Committee +or Committees of Congress for no less than 45 days. + + national endowment for the arts grant guidelines + + Sec. 412. Of the funds provided to the National Endowment for the +Arts-- + (1) The Chairperson shall only award a grant to an + individual if such grant is awarded to such individual for a + literature fellowship, National Heritage Fellowship, or + American Jazz Masters Fellowship. + (2) The Chairperson shall establish procedures to ensure + that no funding provided through a grant, except a grant made + to a State or local arts agency, or regional group, may be used + to make a grant to any other organization or individual to + conduct activity independent of the direct grant recipient. + Nothing in this subsection shall prohibit payments made in + exchange for goods and services. + (3) No grant shall be used for seasonal support to a group, + unless the application is specific to the contents of the + season, including identified programs or projects. + + national endowment for the arts program priorities + + Sec. 413. (a) In providing services or awarding financial +assistance under the National Foundation on the Arts and the Humanities +Act of 1965 from funds appropriated under this Act, the Chairperson of +the National Endowment for the Arts shall ensure that priority is given +to providing services or awarding financial assistance for projects, +productions, workshops, or programs that serve underserved populations. + (b) In this section: + (1) The term ``underserved population'' means a population + of individuals, including urban minorities, who have + historically been outside the purview of arts and humanities + programs due to factors such as a high incidence of income + below the poverty line or to geographic isolation. + (2) The term ``poverty line'' means the poverty line (as + defined by the Office of Management and Budget, and revised + annually in accordance with section 673(2) of the Community + Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a + family of the size involved. + (c) In providing services and awarding financial assistance under +the National Foundation on the Arts and Humanities Act of 1965 with +funds appropriated by this Act, the Chairperson of the National +Endowment for the Arts shall ensure that priority is given to providing +services or awarding financial assistance for projects, productions, +workshops, or programs that will encourage public knowledge, education, +understanding, and appreciation of the arts. + (d) With funds appropriated by this Act to carry out section 5 of +the National Foundation on the Arts and Humanities Act of 1965-- + (1) the Chairperson shall establish a grant category for + projects, productions, workshops, or programs that are of + national impact or availability or are able to tour several + States; + (2) the Chairperson shall not make grants exceeding 15 + percent, in the aggregate, of such funds to any single State, + excluding grants made under the authority of paragraph (1); + (3) the Chairperson shall report to the Congress annually + and by State, on grants awarded by the Chairperson in each + grant category under section 5 of such Act; and + (4) the Chairperson shall encourage the use of grants to + improve and support community-based music performance and + education. + + status of balances of appropriations + + Sec. 414. The Department of the Interior, the Environmental +Protection Agency, the Forest Service, and the Indian Health Service +shall provide the Committees on Appropriations of the House of +Representatives and Senate quarterly reports on the status of balances +of appropriations including all uncommitted, committed, and unobligated +funds in each program and activity. + + contracting authorities + + Sec. 415. Section 412 of Division E of Public Law 112-74 is +amended by striking ``fiscal year 2020'' and inserting ``fiscal year +2021''. + + extension of grazing permits + + Sec. 416. The terms and conditions of section 325 of Public Law +108-108 (117 Stat. 1307), regarding grazing permits issued by the +Forest Service on any lands not subject to administration under section +402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), +shall remain in effect for fiscal year 2020. + + funding prohibition + + Sec. 417. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network is +designed to block access to pornography websites. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + + forest service facility realignment and enhancement act + + Sec. 418. Section 503(f) of the Forest Service Facility +Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public +Law 109-54) is amended by striking ``2019'' and inserting ``2020''. + + use of american iron and steel + + Sec. 419. (a)(1) None of the funds made available by a State water +pollution control revolving fund as authorized by section 1452 of the +Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project +for the construction, alteration, maintenance, or repair of a public +water system or treatment works unless all of the iron and steel +products used in the project are produced in the United States. + (2) In this section, the term ``iron and steel'' products means the +following products made primarily of iron or steel: lined or unlined +pipes and fittings, manhole covers and other municipal castings, +hydrants, tanks, flanges, pipe clamps and restraints, valves, +structural steel, reinforced precast concrete, and construction +materials. + (b) Subsection (a) shall not apply in any case or category of cases +in which the Administrator of the Environmental Protection Agency (in +this section referred to as the ``Administrator'') finds that-- + (1) applying subsection (a) would be inconsistent with the + public interest; + (2) iron and steel products are not produced in the United + States in sufficient and reasonably available quantities and of + a satisfactory quality; or + (3) inclusion of iron and steel products produced in the + United States will increase the cost of the overall project by + more than 25 percent. + (c) If the Administrator receives a request for a waiver under this +section, the Administrator shall make available to the public on an +informal basis a copy of the request and information available to the +Administrator concerning the request, and shall allow for informal +public input on the request for at least 15 days prior to making a +finding based on the request. The Administrator shall make the request +and accompanying information available by electronic means, including +on the official public Internet Web site of the Environmental +Protection Agency. + (d) This section shall be applied in a manner consistent with +United States obligations under international agreements. + (e) The Administrator may retain up to 0.25 percent of the funds +appropriated in this Act for the Clean and Drinking Water State +Revolving Funds for carrying out the provisions described in subsection +(a)(1) for management and oversight of the requirements of this +section. + + john f. kennedy center reauthorization + + Sec. 420. Section 13 of the John F. Kennedy Center Act (20 U.S.C. +76r) is amended by striking subsections (a) and (b) and inserting the +following: + ``(a) Maintenance, Repair, and Security.--There is authorized to be +appropriated to the Board to carry out section 4(a)(1)(H), $25,690,000 +for fiscal year 2020. + ``(b) Capital Projects.--There is authorized to be appropriated to +the Board to carry out subparagraphs (F) and (G) of section 4(a)(1), +$17,800,000 for fiscal year 2020.''. + +local cooperator training agreements and transfers of excess equipment + and supplies for wildfires + + Sec. 421. The Secretary of the Interior is authorized to enter +into grants and cooperative agreements with volunteer fire departments, +rural fire departments, rangeland fire protection associations, and +similar organizations to provide for wildland fire training and +equipment, including supplies and communication devices. +Notwithstanding 121(c) of title 40, United States Code, or section 521 +of title 40, United States Code, the Secretary is further authorized to +transfer title to excess Department of the Interior firefighting +equipment no longer needed to carry out the functions of the +Department's wildland fire management program to such organizations. + + recreation fees + + Sec. 422. Section 810 of the Federal Lands Recreation Enhancement +Act (16 U.S.C. 6809) is amended by striking ``September 30, 2019'' and +inserting ``September 30, 2021''. + + reprogramming procedures, disclosure of administrative expenses, and + operating plans + + Sec. 423. (a) Definitions.--For the purposes of this section: + (1) ``Reprogramming'' includes: + (A) The reallocation of funds from one program, + project, or activity, to another within any + appropriation funded in this Act. + (B) For construction, land acquisition, and forest + legacy accounts, the reallocation of funds, including + unobligated balances, from one construction, land + acquisition, or forest legacy project to another such + project. + (C) An operating plan or any later modification + thereof submitted under subsection (i) of this section. + (D) Proposed reorganizations even without a change + in funding, including any change to the organization + table presented in the budget justification. + (2) ``Program'', ``project'', and ``activity'' constitute + the delineation below the appropriation account level of any + agency funded by this Act, as shown in any table of the report + accompanying this Act. + (3) ``Funds'' includes funds provided in this Act or + previous appropriations Acts that are available for obligation + in the current fiscal year and any amounts available for + obligation in the current fiscal year derived from collections, + fees or charges. + (4) ``Assessment'' is any overhead charge, deduction, + reserve or holdback, including working capital fund and cost + pool charges, from any program, project, and activity to + support government-wide, departmental, agency, or bureau + administrative functions or headquarters, regional, or central + operations or to provide for contingencies. + (b) General Guidelines for Reprogramming.-- + (1) A reprogramming should be made only when an unforeseen + situation arises, and then only if postponement of the project + or the activity until the next appropriation year would result + in actual loss or damage. + (2) Any project or activity, which may be deferred through + reprogramming, shall not later be accomplished by means of + further reprogramming, but instead, funds should again be + sought for the deferred project or activity through the regular + appropriations process. + (3) Except under the most urgent situations, reprogramming + should not be employed to initiate new programs or increase + allocations specifically denied or limited by the Congress, or + to decrease allocations specifically increased by the Congress. + (4) New programs requested in the budget should not be + initiated before enactment of the bill without notification to, + and the approval of, the Committees on Appropriations of the + House of Representatives and the Senate (hereinafter ``the + Committees''). This restriction applies to all such actions + regardless of whether a formal reprogramming of funds is + required to begin the program. + (c) Criteria.-- + (1) A reprogramming shall be submitted to the Committees in + writing 30 days prior to implementation if-- + (A) it exceeds $1,000,000 individually or + cumulatively or results in a cumulative increase or + decrease of more than 10 percent of funds annually in + any affected program, project, or activity; + (B) it is a reorganization; or + (C) it is an operating plan or any later + modification thereof as submitted under subsection (i) + of this section: Provided, That such plan or + modification thereof also meets any of the other + criteria under subsection (c)(1) of this section. + (2) No funds shall be available for obligation or + expenditure through a reprogramming until 30 days after the + receipt by the Committees of a notice of proposed + reprogramming. + (3) A reprogramming shall be considered approved 30 days + after receipt if the Committees have posed no objection. + However, agencies shall not implement the reprogramming and + shall extend the notification period if specifically requested + by either Committee. + (d) Exceptions.-- + (1) With regard to the tribal priority allocations of the + Bureau of Indian Affairs, there is no restriction on + reprogrammings among these programs. However, the Bureau shall + report on all reprogrammings made during a given fiscal year no + later than 60 days after the end of the fiscal year. + (2) With regard to the Environmental Protection Agency, + State and Tribal Assistance Grants account, the Committees do + not require reprogramming requests associated with States and + Tribal Partnership Grants. + (3) With regard to funding for Park Management + subactivities within the National Park Service Operations of + the National Park System account, reprogramming guidelines + apply at the activity level, not the more detailed level as + shown in the Committee report. The National Park Service shall + report on actual spending at the more detailed level no later + than 60 days after the end of the fiscal year and show its + impact on the succeeding year budget at the more detailed level + in the budget justification submitted to the Congress in the + subsequent fiscal year for the purpose of updating the + Committee support table. + (e) Assessments.-- + (1) No assessment shall be levied or collected unless such + assessment and the basis therefor are presented to the + Committees in the budget justifications and are subsequently + approved by the Committees. The explanation for any assessment + in the budget justification shall show the amount of the + assessment, the activities assessed, and the purpose of the + funds. + (2) Proposed changes to estimated assessments, as such + estimates were presented in annual budget justifications, shall + be submitted through the reprogramming process set out in this + section and shall be subject to the same dollar and reporting + criteria as any other reprogramming. + (3) Each department, agency or bureau that utilizes + assessments shall submit an annual report to the Committees + which provides details on the use of all funds assessed from + any other program, project, or activity. + (4) In no case shall contingency funds or assessments be + used to finance agency actions disapproved or limited by the + Congress. + (f) Land Acquisitions, Easements, and Forest Legacy.--Lands shall +not be acquired for more than the approved appraised value (as +addressed in section 301(3) of Public Law 91-646), unless such +acquisitions are submitted to the Committees for approval in compliance +with these procedures. + (g) Land Exchanges.--Land exchanges, wherein the estimated value of +the Federal lands to be exchanged is greater than $1,000,000, shall not +be consummated until the Committees have had a 30-day period in which +to examine the proposed exchange. In addition, the Committees shall be +provided advance notification of exchanges valued between $500,000 and +$1,000,000. + (h) Budget Structure.--The program, project, and activity structure +for any agency appropriation account shall not be altered without +advance approval of the Committees. + (i) Operating Plans.--Not later than 60 days after the date of +enactment of this Act, each department or agency funded by this Act +shall submit an operating plan to the Committees to establish the +baseline for application of reprogramming for the current fiscal year. +The operating plan shall include-- + (1) a table for each appropriation with a separate column + to display the President's budget request, adjustments made by + the Congress, enacted rescissions, if appropriate, and the + fiscal year enacted level; + (2) a delineation in the table for each appropriation by + program, project, and activity for the respective + appropriation; and + (3) an identification of items of special congressional + interest. + + project information + + Sec. 424. (a) Not later than April 1, 2020, and each April 1 +thereafter, the Secretary of the Interior and the Secretary of +Agriculture shall submit to the Committees on Appropriations of the +House of Representatives and the Senate prioritized and detailed lists +of federal land acquisition projects, and Forest Legacy projects, which +could be executed within the three fiscal years beginning with the +fiscal year after the date upon which the lists are submitted. + (b) The federal land acquisition project lists required by +subsection (a) shall include projects for the National Park Service, +the United States Fish and Wildlife Service, the Bureau of Land +Management, and the United States Forest Service, including +recreational public access projects as required by 54 U.S.C. 200306, +and shall total for each agency no less than 150 percent of the amount +enacted for that agency for the previous fiscal year. + Sec. 425. Except as expressly provided otherwise, any reference to +``this Act'' contained in this division shall be treated as referring +only to the provisions of this division. + Sec. 426. Any reference to a ``report accompanying this Act'' +contained in this division shall be treated as a reference to House +Report 116-100. The effect of such Report shall be limited to this +division and shall apply for purposes of determining the allocation of +funds provided by, and the implementation of, this division. + Sec. 427. None of the funds made available by this Act may be used +for the transfer of jurisdiction over border lands pursuant to +Presidential Proclamation 9844 (Feb. 15, 2019). + Sec. 428. None of the funds made available by this Act may be used +to implement Executive Order No. 13817 (82 Fed. Reg. 60835) with +respect to uranium. + Sec. 429. None of the funds made available by this Act may be used +to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et +seq, or to offer for oil and gas leasing, any federal lands within the +withdrawal area identified on the map of the Chaco Culture National +Historical Park prepared by the Bureau of Land Management and dated +April 2, 2019. + Sec. 430. None of the funds made available to the National Park +Service by this Act may be used to increase the generation of water +bottle waste. + Sec. 431. None of the funds made available to the National Park +Service by this Act may be used for the purchase or display of a +Confederate flag with the exception of specific circumstances where the +flags provide historical context as described in the National Park +Service memorandum entitled ``Immediate Action Required, No Reply +Needed: Confederate Flags'' and dated June 24, 2015. + Sec. 432. None of the funds made available by this Act may be used +to issue a proposed or final rule to replace the Consolidated Federal +Oil & Gas and Federal & Indian Coal Valuation Reform final rule, +published in the Federal Register on July 1, 2016 (81 Fed. Reg. 43338). + Sec. 433. No funds made available by this Act may be used to +finalize, implement, or enforce the proposed rule entitled ``Review of +Standards of Performance for Greenhouse Gas Emissions From New, +Modified, and Reconstructed Stationary Sources: Electric Utility +Generating Units'' published in the Federal Register by the +Environmental Protection Agency on December 20, 2018 (83 Fed. Reg. +65424). + Sec. 434. None of the funds made available by this Act may be used +to close or relocate any office of the Environmental Protection Agency +that houses emergency responders or a criminal investigation unit. + Sec. 435. None of the funds made available by this Act may be used +for a Department of the Interior Executive Resources Board whose voting +members are comprised of less than 50 percent career Senior Executive +Service members. + Sec. 436. None of the funds made available by this Act to the +United States Geological Survey may be used to limit the use of climate +modeling tools. + Sec. 437. None of the funds made available by this Act may be used +to close or relocate any EPA offices in regions that contain one or +more designated Sulfur Dioxide (2010) Nonattainment Areas. + Sec. 438. None of the funds made available by this Act may be used +by the Department of the Interior to conduct offshore oil and gas +leasing, preleasing, or related activities in the Outer Continental +Shelf Planning Areas for the South Atlantic, the Straits of Florida, +and the areas of the Central and Eastern Gulf of Mexico described by +section 104(a) of the Gulf of Mexico Energy Security Act of 2006 +(Public Law 109-432). + Sec. 439. None of the funds made available by this Act may be used +by the Department of the Interior to conduct oil and gas leasing, +preleasing, or related activities in the North Atlantic, Mid-Atlantic, +or the South Atlantic Outer Continental Shelf Planning Areas. + Sec. 440. None of the funds made available by this Act may be used +to issue a permit for the import of a sport-hunted trophy of an +elephant or lion taken in Tanzania, Zimbabwe, or Zambia. The limitation +described in this section shall not apply in the case of the +administration of a tax or tariff. + Sec. 441. None of the funds made available by this Act may be used +to plan, design, study, or construct, for the purpose of harvesting +timber by private entities or individuals, a forest development road in +the Tongass National Forest. + Sec. 442. None of the funds made available by this Act may be +used-- + (1) to conduct or authorize any person to conduct + geological or geophysical exploration for oil or gas, pursuant + to section 11(a) of the Outer Continental Shelf Lands Act (43 + U.S.C. 1340(a)), in any area located in the Atlantic Region + Outer Continental Shelf Planning Areas, as such planning areas + are defined in the 2017-2022 Outer Continental Shelf Oil and + Gas Proposed Final Program described in the notice entitled + ``Notice of Availability of the 2017-2022 Outer Continental + Shelf Oil and Gas Leasing Proposed Final Program,'' published + by the Department of the Interior in the Federal Register on + November 23, 2018 (81 Fed. Reg. 84,612); or + (2) to prepare or supplement an Environmental Impact + Statement or Environmental Assessment, pursuant to the National + Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and + its associated regulations, for any such exploration. + Sec. 443. None of the funds made available by this Act may be used +by the Department of the Interior to conduct oil and gas leasing, +preleasing, or related activities in the Washington/Oregon, Northern +California, Central California, and Southern California Outer +Continental Shelf Planning Areas. + Sec. 444. None of the funds made available by this Act may be used +to finalize the proposed revised supplemental ``appropriate and +necessary'' finding in the proposed rule entitled ``National Emission +Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric +Utility Steam Generating Units--Reconsideration of Supplemental Finding +and Residual Risk and Technology Review'' published by the +Environmental Protection Agency in the Federal Register on February 7, +2019 (84 Fed. Reg. 2670). + This Act may be cited as the ``Department of the Interior, +Environment, and Related Agencies Appropriations Act, 2020''. + + DIVISION D--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED + AGENCIES APPROPRIATIONS ACT, 2020 + + The following sums are appropriated, out of any money in the +Treasury not otherwise appropriated, for military construction, the +Department of Veterans Affairs, and related agencies for the fiscal +year ending September 30, 2020, and for other purposes, namely: + + TITLE I + + DEPARTMENT OF DEFENSE + + Military Construction, Army + + For acquisition, construction, installation, and equipment of +temporary or permanent public works, military installations, +facilities, and real property for the Army as currently authorized by +law, including personnel in the Army Corps of Engineers and other +personal services necessary for the purposes of this appropriation, and +for construction and operation of facilities in support of the +functions of the Commander in Chief, $1,132,499,000 (reduced by +$37,000,000) (increased by $37,000,000) (reduced by $1) (increased by +$1), to remain available until September 30, 2024: Provided, That, of +this amount, not to exceed $136,099,000 shall be available for study, +planning, design, architect and engineer services, and host nation +support, as authorized by law, unless the Secretary of the Army +determines that additional obligations are necessary for such purposes +and notifies the Committees on Appropriations of both Houses of +Congress of the determination and the reasons therefor. + + Military Construction, Navy and Marine Corps + + For acquisition, construction, installation, and equipment of +temporary or permanent public works, naval installations, facilities, +and real property for the Navy and Marine Corps as currently authorized +by law, including personnel in the Naval Facilities Engineering Command +and other personal services necessary for the purposes of this +appropriation, $2,205,771,000, to remain available until September 30, +2024: Provided, That, of this amount, not to exceed $178,715,000 +(increased by $1,000,000) (reduced by $1,000,000) shall be available +for study, planning, design, and architect and engineer services, as +authorized by law, unless the Secretary of the Navy determines that +additional obligations are necessary for such purposes and notifies the +Committees on Appropriations of both Houses of Congress of the +determination and the reasons therefor. + + Military Construction, Air Force + + For acquisition, construction, installation, and equipment of +temporary or permanent public works, military installations, +facilities, and real property for the Air Force as currently authorized +by law, $1,588,730,000 (reduced by $1) (increased by $1) (reduced by +$7,000,000) (increased by $7,000,000), to remain available until +September 30, 2024: Provided, That, of this amount, not to exceed +$153,148,000 shall be available for study, planning, design, and +architect and engineer services, as authorized by law, unless the +Secretary of the Air Force determines that additional obligations are +necessary for such purposes and notifies the Committees on +Appropriations of both Houses of Congress of the determination and the +reasons therefor. + + Military Construction, Defense-Wide + + (including transfer of funds) + + For acquisition, construction, installation, and equipment of +temporary or permanent public works, installations, facilities, and +real property for activities and agencies of the Department of Defense +(other than the military departments), as currently authorized by law, +$2,025,799,000, to remain available until September 30, 2024: Provided, +That such amounts of this appropriation as may be determined by the +Secretary of Defense may be transferred to such appropriations of the +Department of Defense available for military construction or family +housing as the Secretary may designate, to be merged with and to be +available for the same purposes, and for the same time period, as the +appropriation or fund to which transferred: Provided further, That, of +the amount, not to exceed $252,355,000 shall be available for study, +planning, design, and architect and engineer services, as authorized by +law, unless the Secretary of Defense determines that additional +obligations are necessary for such purposes and notifies the Committees +on Appropriations of both Houses of Congress of the determination and +the reasons therefor. + + Military Construction, Army National Guard + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the +Army National Guard, and contributions therefor, as authorized by +chapter 1803 of title 10, United States Code, and Military Construction +Authorization Acts, $210,819,000, to remain available until September +30, 2024: Provided, That, of the amount, not to exceed $20,469,000 +shall be available for study, planning, design, and architect and +engineer services, as authorized by law, unless the Director of the +Army National Guard determines that additional obligations are +necessary for such purposes and notifies the Committees on +Appropriations of both Houses of Congress of the determination and the +reasons therefor. + + Military Construction, Air National Guard + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the Air +National Guard, and contributions therefor, as authorized by chapter +1803 of title 10, United States Code, and Military Construction +Authorization Acts, $115,971,000, to remain available until September +30, 2024: Provided, That, of the amount, not to exceed $17,000,000 +shall be available for study, planning, design, and architect and +engineer services, as authorized by law, unless the Director of the Air +National Guard determines that additional obligations are necessary for +such purposes and notifies the Committees on Appropriations of both +Houses of Congress of the determination and the reasons therefor. + + Military Construction, Army Reserve + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the +Army Reserve as authorized by chapter 1803 of title 10, United States +Code, and Military Construction Authorization Acts, $60,928,000 +(reduced by $7,000,000) (increased by $7,000,000), to remain available +until September 30, 2024: Provided, That, of the amount, not to exceed +$6,000,000 shall be available for study, planning, design, and +architect and engineer services, as authorized by law, unless the Chief +of the Army Reserve determines that additional obligations are +necessary for such purposes and notifies the Committees on +Appropriations of both Houses of Congress of the determination and the +reasons therefor. + + Military Construction, Navy Reserve + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the +reserve components of the Navy and Marine Corps as authorized by +chapter 1803 of title 10, United States Code, and Military Construction +Authorization Acts, $54,955,000, to remain available until September +30, 2024: Provided, That, of the amount, not to exceed $4,780,000 shall +be available for study, planning, design, and architect and engineer +services, as authorized by law, unless the Secretary of the Navy +determines that additional obligations are necessary for such purposes +and notifies the Committees on Appropriations of both Houses of +Congress of the determination and the reasons therefor. + + Military Construction, Air Force Reserve + + For construction, acquisition, expansion, rehabilitation, and +conversion of facilities for the training and administration of the Air +Force Reserve as authorized by chapter 1803 of title 10, United States +Code, and Military Construction Authorization Acts, $59,750,000, to +remain available until September 30, 2024: Provided, That, of the +amount, not to exceed $4,604,000 shall be available for study, +planning, design, and architect and engineer services, as authorized by +law, unless the Chief of the Air Force Reserve determines that +additional obligations are necessary for such purposes and notifies the +Committees on Appropriations of both Houses of Congress of the +determination and the reasons therefor. + + North Atlantic Treaty Organization + + Security Investment Program + + For the United States share of the cost of the North Atlantic +Treaty Organization Security Investment Program for the acquisition and +construction of military facilities and installations (including +international military headquarters) and for related expenses for the +collective defense of the North Atlantic Treaty Area as authorized by +section 2806 of title 10, United States Code, and Military Construction +Authorization Acts, $172,005,000, to remain available until expended. + + Department of Defense Base Closure Account + + For deposit into the Department of Defense Base Closure Account, +established by section 2906(a) of the Defense Base Closure and +Realignment Act of 1990 (10 U.S.C. 2687 note), $398,526,000, to remain +available until expended. + + Family Housing Construction, Army + + For expenses of family housing for the Army for construction, +including acquisition, replacement, addition, expansion, extension, and +alteration, as authorized by law, $141,372,000, to remain available +until September 30, 2024. + + Family Housing Operation and Maintenance, Army + + For expenses of family housing for the Army for operation and +maintenance, including debt payment, leasing, minor construction, +principal and interest charges, and insurance premiums, as authorized +by law, $407,907,000. + + Family Housing Construction, Navy and Marine Corps + + For expenses of family housing for the Navy and Marine Corps for +construction, including acquisition, replacement, addition, expansion, +extension, and alteration, as authorized by law, $47,661,000, to remain +available until September 30, 2024. + + Family Housing Operation and Maintenance, Navy and Marine Corps + + For expenses of family housing for the Navy and Marine Corps for +operation and maintenance, including debt payment, leasing, minor +construction, principal and interest charges, and insurance premiums, +as authorized by law, $377,470,000. + + Family Housing Construction, Air Force + + For expenses of family housing for the Air Force for construction, +including acquisition, replacement, addition, expansion, extension, and +alteration, as authorized by law, $103,631,000, to remain available +until September 30, 2024. + + Family Housing Operation and Maintenance, Air Force + + For expenses of family housing for the Air Force for operation and +maintenance, including debt payment, leasing, minor construction, +principal and interest charges, and insurance premiums, as authorized +by law, $326,216,000. + + Family Housing Operation and Maintenance, Defense-Wide + + For expenses of family housing for the activities and agencies of +the Department of Defense (other than the military departments) for +operation and maintenance, leasing, and minor construction, as +authorized by law, $57,000,000. + + Department of Defense Family Housing Improvement Fund + + For the Department of Defense Family Housing Improvement Fund, +$3,045,000, to remain available until expended, for family housing +initiatives undertaken pursuant to section 2883 of title 10, United +States Code, providing alternative means of acquiring and improving +military family housing and supporting facilities. + + Military Unaccompanied Housing Improvement Fund + + For the Department of Defense Military Unaccompanied Housing +Improvement Fund, $500,000, to remain available until expended, for +unaccompanied housing initiatives undertaken pursuant to section 2883 +of title 10, United States Code, providing alternative means of +acquiring and improving military unaccompanied housing and supporting +facilities. + + Administrative Provisions + + Sec. 101. None of the funds made available in this title shall be +expended for payments under a cost-plus-a-fixed-fee contract for +construction, where cost estimates exceed $25,000, to be performed +within the United States, except Alaska, without the specific approval +in writing of the Secretary of Defense setting forth the reasons +therefor. + Sec. 102. Funds made available in this title for construction +shall be available for hire of passenger motor vehicles. + Sec. 103. Funds made available in this title for construction may +be used for advances to the Federal Highway Administration, Department +of Transportation, for the construction of access roads as authorized +by section 210 of title 23, United States Code, when projects +authorized therein are certified as important to the national defense +by the Secretary of Defense. + Sec. 104. None of the funds made available in this title may be +used to begin construction of new bases in the United States for which +specific appropriations have not been made. + Sec. 105. None of the funds made available in this title shall be +used for purchase of land or land easements in excess of 100 percent of +the value as determined by the Army Corps of Engineers or the Naval +Facilities Engineering Command, except: (1) where there is a +determination of value by a Federal court; (2) purchases negotiated by +the Attorney General or the designee of the Attorney General; (3) where +the estimated value is less than $25,000; or (4) as otherwise +determined by the Secretary of Defense to be in the public interest. + Sec. 106. None of the funds made available in this title shall be +used to: (1) acquire land; (2) provide for site preparation; or (3) +install utilities for any family housing, except housing for which +funds have been made available in annual Acts making appropriations for +military construction. + Sec. 107. None of the funds made available in this title for minor +construction may be used to transfer or relocate any activity from one +base or installation to another, without prior notification to the +Committees on Appropriations of both Houses of Congress. + Sec. 108. None of the funds made available in this title may be +used for the procurement of steel for any construction project or +activity for which American steel producers, fabricators, and +manufacturers have been denied the opportunity to compete for such +steel procurement. + Sec. 109. None of the funds available to the Department of Defense +for military construction or family housing during the current fiscal +year may be used to pay real property taxes in any foreign nation. + Sec. 110. None of the funds made available in this title may be +used to initiate a new installation overseas without prior notification +to the Committees on Appropriations of both Houses of Congress. + Sec. 111. None of the funds made available in this title may be +obligated for architect and engineer contracts estimated by the +Government to exceed $500,000 for projects to be accomplished in Japan, +in any North Atlantic Treaty Organization member country, or in +countries bordering the Arabian Gulf, unless such contracts are awarded +to United States firms or United States firms in joint venture with +host nation firms. + Sec. 112. None of the funds made available in this title for +military construction in the United States territories and possessions +in the Pacific and on Kwajalein Atoll, or in countries bordering the +Arabian Gulf, may be used to award any contract estimated by the +Government to exceed $1,000,000 to a foreign contractor: Provided, That +this section shall not be applicable to contract awards for which the +lowest responsive and responsible bid of a United States contractor +exceeds the lowest responsive and responsible bid of a foreign +contractor by greater than 20 percent: Provided further, That this +section shall not apply to contract awards for military construction on +Kwajalein Atoll for which the lowest responsive and responsible bid is +submitted by a Marshallese contractor. + Sec. 113. The Secretary of Defense shall inform the appropriate +committees of both Houses of Congress, including the Committees on +Appropriations, of plans and scope of any proposed military exercise +involving United States personnel 30 days prior to its occurring, if +amounts expended for construction, either temporary or permanent, are +anticipated to exceed $100,000. + Sec. 114. Funds appropriated to the Department of Defense for +construction in prior years shall be available for construction +authorized for each such military department by the authorizations +enacted into law during the current session of Congress. + Sec. 115. For military construction or family housing projects +that are being completed with funds otherwise expired or lapsed for +obligation, expired or lapsed funds may be used to pay the cost of +associated supervision, inspection, overhead, engineering and design on +those projects and on subsequent claims, if any. + Sec. 116. Notwithstanding any other provision of law, any funds +made available to a military department or defense agency for the +construction of military projects may be obligated for a military +construction project or contract, or for any portion of such a project +or contract, at any time before the end of the fourth fiscal year after +the fiscal year for which funds for such project were made available, +if the funds obligated for such project: (1) are obligated from funds +available for military construction projects; and (2) do not exceed the +amount appropriated for such project, plus any amount by which the cost +of such project is increased pursuant to law. + + (including transfer of funds) + + Sec. 117. Subject to 30 days prior notification, or 14 days for a +notification provided in an electronic medium pursuant to sections 480 +and 2883 of title 10, United States Code, to the Committees on +Appropriations of both Houses of Congress, such additional amounts as +may be determined by the Secretary of Defense may be transferred to: +(1) the Department of Defense Family Housing Improvement Fund from +amounts appropriated for construction in ``Family Housing'' accounts, +to be merged with and to be available for the same purposes and for the +same period of time as amounts appropriated directly to the Fund; or +(2) the Department of Defense Military Unaccompanied Housing +Improvement Fund from amounts appropriated for construction of military +unaccompanied housing in ``Military Construction'' accounts, to be +merged with and to be available for the same purposes and for the same +period of time as amounts appropriated directly to the Fund: Provided, +That appropriations made available to the Funds shall be available to +cover the costs, as defined in section 502(5) of the Congressional +Budget Act of 1974, of direct loans or loan guarantees issued by the +Department of Defense pursuant to the provisions of subchapter IV of +chapter 169 of title 10, United States Code, pertaining to alternative +means of acquiring and improving military family housing, military +unaccompanied housing, and supporting facilities. + + (including transfer of funds) + + Sec. 118. In addition to any other transfer authority available to +the Department of Defense, amounts may be transferred from the +Department of Defense Base Closure Account to the fund established by +section 1013(d) of the Demonstration Cities and Metropolitan +Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated +with the Homeowners Assistance Program incurred under 42 U.S.C. +3374(a)(1)(A). Any amounts transferred shall be merged with and be +available for the same purposes and for the same time period as the +fund to which transferred. + Sec. 119. Notwithstanding any other provision of law, funds made +available in this title for operation and maintenance of family housing +shall be the exclusive source of funds for repair and maintenance of +all family housing units, including general or flag officer quarters: +Provided, That not more than $15,000 per unit may be spent annually for +the maintenance and repair of any general or flag officer quarters +without 30 days prior notification, or 14 days for a notification +provided in an electronic medium pursuant to sections 480 and 2883 of +title 10, United States Code, to the Committees on Appropriations of +both Houses of Congress, except that an after-the-fact notification +shall be submitted if the limitation is exceeded solely due to costs +associated with environmental remediation that could not be reasonably +anticipated at the time of the budget submission. + Sec. 120. Amounts contained in the Ford Island Improvement Account +established by subsection (h) of section 2814 of title 10, United +States Code, are appropriated and shall be available until expended for +the purposes specified in subsection (i)(1) of such section or until +transferred pursuant to subsection (i)(3) of such section. + + (including transfer of funds) + + Sec. 121. During the 5-year period after appropriations available +in this Act to the Department of Defense for military construction and +family housing operation and maintenance and construction have expired +for obligation, upon a determination that such appropriations will not +be necessary for the liquidation of obligations or for making +authorized adjustments to such appropriations for obligations incurred +during the period of availability of such appropriations, unobligated +balances of such appropriations may be transferred into the +appropriation ``Foreign Currency Fluctuations, Construction, Defense'', +to be merged with and to be available for the same time period and for +the same purposes as the appropriation to which transferred. + + (including transfer of funds) + + Sec. 122. Amounts appropriated or otherwise made available in an +account funded under the headings in this title may be transferred +among projects and activities within the account in accordance with the +reprogramming guidelines for military construction and family housing +construction contained in Department of Defense Financial Management +Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect +on the date of enactment of this Act. + Sec. 123. None of the funds made available in this title may be +obligated or expended for planning and design and construction of +projects at Arlington National Cemetery. + Sec. 124. For an additional amount for the accounts and in the +amounts specified, to remain available until September 30, 2024: + ``Military Construction, Army'', $79,500,000; + ``Military Construction, Navy and Marine Corps'', + $546,800,000; + ``Military Construction, Air Force'', $230,400,000; + ``Military Construction, Army National Guard'', + $155,000,000; + ``Military Construction, Air National Guard'', $57,000,000; + and + ``Military Construction, Air Force Reserve'', $24,800,000: + Provided, That such funds may only be obligated to carry out +construction projects identified in the respective military +department's unfunded priority list for fiscal year 2020 submitted to +Congress: Provided further, That such projects are subject to +authorization prior to obligation and expenditure of funds to carry out +construction: Provided further, That not later than 30 days after +enactment of this Act, the Secretary of the military department +concerned, or his or her designee, shall submit to the Committees on +Appropriations of both Houses of Congress an expenditure plan for funds +provided under this section. + + (rescission of funds) + + Sec. 125. Of the unobligated balances available to the Department +of Defense from prior appropriation Acts, the following funds are +hereby rescinded from the following accounts in the amounts specified: + ``Military Construction, Defense-Wide'', $45,055,000. + Sec. 126. For the purposes of this Act, the term ``congressional +defense committees'' means the Committees on Armed Services of the +House of Representatives and the Senate, the Subcommittee on Military +Construction and Veterans Affairs of the Committee on Appropriations of +the Senate, and the Subcommittee on Military Construction and Veterans +Affairs of the Committee on Appropriations of the House of +Representatives. + Sec. 127. All amounts appropriated to the ``Department of +Defense--Military Construction, Army'', ``Department of Defense-- +Military Construction, Navy and Marine Corps'', ``Department of +Defense--Military Construction, Air Force'', and ``Department of +Defense--Military Construction, Defense-Wide'' accounts pursuant to the +authorization of appropriations in a National Defense Authorization Act +specified for fiscal year 2020 in the funding table in section 4601 of +that Act shall be immediately available and allotted to contract for +the full scope of authorized projects. + + TITLE II + + DEPARTMENT OF VETERANS AFFAIRS + + Veterans Benefits Administration + + compensation and pensions + + (including transfer of funds) + + For the payment of compensation benefits to or on behalf of +veterans and a pilot program for disability examinations as authorized +by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, +United States Code; pension benefits to or on behalf of veterans as +authorized by chapters 15, 51, 53, 55, and 61 of title 38, United +States Code; and burial benefits, the Reinstated Entitlement Program +for Survivors, emergency and other officers' retirement pay, adjusted- +service credits and certificates, payment of premiums due on commercial +life insurance policies guaranteed under the provisions of title IV of +the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and +for other benefits as authorized by sections 107, 1312, 1977, and 2106, +and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, +$116,801,316,000, shall become available on October 1, 2020: Provided, +That not to exceed $18,147,000 of the amount made available for fiscal +year 2021 under this heading shall be reimbursed to ``General Operating +Expenses, Veterans Benefits Administration'', and ``Information +Technology Systems'' for necessary expenses in implementing the +provisions of chapters 51, 53, and 55 of title 38, United States Code, +the funding source for which is specifically provided as the +``Compensation and Pensions'' appropriation: Provided further, That +such sums as may be earned on an actual qualifying patient basis, shall +be reimbursed to ``Medical Care Collections Fund'' to augment the +funding of individual medical facilities for nursing home care provided +to pensioners as authorized. + + readjustment benefits + + For the payment of readjustment and rehabilitation benefits to or +on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, +36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, +$12,578,965,000, to remain available until expended and to become +available on October 1, 2020: Provided, That expenses for +rehabilitation program services and assistance which the Secretary is +authorized to provide under subsection (a) of section 3104 of title 38, +United States Code, other than under paragraphs (1), (2), (5), and (11) +of that subsection, shall be charged to this account. + + veterans insurance and indemnities + + For military and naval insurance, national service life insurance, +servicemen's indemnities, service-disabled veterans insurance, and +veterans mortgage life insurance as authorized by chapters 19 and 21, +title 38, United States Code, $17,620,000, to remain available until +expended, which shall be in addition to funds previously appropriated +under this heading that become available on October 1, 2019; and in +addition, $129,224,000, to remain available until expended, which shall +become available on October 1, 2020. + + veterans housing benefit program fund + + For the cost of direct and guaranteed loans, such sums as may be +necessary to carry out the program, as authorized by subchapters I +through III of chapter 37 of title 38, United States Code: Provided, +That such costs, including the cost of modifying such loans, shall be +as defined in section 502 of the Congressional Budget Act of 1974: +Provided further, That, during fiscal year 2020, within the resources +available, not to exceed $500,000 in gross obligations for direct loans +are authorized for specially adapted housing loans. + In addition, for administrative expenses to carry out the direct +and guaranteed loan programs, $200,377,391. + + vocational rehabilitation loans program account + + For the cost of direct loans, $57,729, as authorized by chapter 31 +of title 38, United States Code: Provided, That such costs, including +the cost of modifying such loans, shall be as defined in section 502 of +the Congressional Budget Act of 1974: Provided further, That funds made +available under this heading are available to subsidize gross +obligations for the principal amount of direct loans not to exceed +$2,008,232. + In addition, for administrative expenses necessary to carry out the +direct loan program, $401,880, which may be paid to the appropriation +for ``General Operating Expenses, Veterans Benefits Administration''. + + native american veteran housing loan program account + + For administrative expenses to carry out the direct loan program +authorized by subchapter V of chapter 37 of title 38, United States +Code, $1,186,000. + + general operating expenses, veterans benefits administration + + For necessary operating expenses of the Veterans Benefits +Administration, not otherwise provided for, including hire of passenger +motor vehicles, reimbursement of the General Services Administration +for security guard services, and reimbursement of the Department of +Defense for the cost of overseas employee mail, $3,025,000,000 (reduced +by $1,000,000) (increased by $1,000,000) (increased by $1) (reduced by +$1): Provided, That expenses for services and assistance authorized +under paragraphs (1), (2), (5), and (11) of section 3104(a) of title +38, United States Code, that the Secretary of Veterans Affairs +determines are necessary to enable entitled veterans: (1) to the +maximum extent feasible, to become employable and to obtain and +maintain suitable employment; or (2) to achieve maximum independence in +daily living, shall be charged to this account: Provided further, That, +of the funds made available under this heading, not to exceed 10 +percent shall remain available until September 30, 2021. + + Veterans Health Administration + + medical services + + For necessary expenses for furnishing, as authorized by law, +inpatient and outpatient care and treatment to beneficiaries of the +Department of Veterans Affairs and veterans described in section +1705(a) of title 38, United States Code, including care and treatment +in facilities not under the jurisdiction of the Department, and +including medical supplies and equipment, bioengineering services, food +services, and salaries and expenses of healthcare employees hired under +title 38, United States Code, aid to State homes as authorized by +section 1741 of title 38, United States Code, assistance and support +services for caregivers as authorized by section 1720G of title 38, +United States Code, loan repayments authorized by section 604 of the +Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law +111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance +allowances authorized by section 322(d) of title 38, United States +Code, grants authorized by section 521A of title 38, United States +Code, and administrative expenses necessary to carry out sections +322(d) and 521A of title 38, United States Code, and hospital care and +medical services authorized by section 1787 of title 38, United States +Code; $169,160,000 (increased by $1,000,000) (increased by $5,000,000) +(reduced by $1,000,000) (increased by $1,000,000) (increased by +$5,000,000) (reduced by $1,000,000) (increased by $1,000,000) +(increased by $1,500,000) (reduced by $5,000,000) (increased by +$5,000,000) (increased by $3,000,000) (increased by $1,000,000) +(increased by $2,000,000) (increased by $1,700,000), which shall be in +addition to funds previously appropriated under this heading that +become available on October 1, 2019; and, in addition, $56,158,015,000 +(reduced by $1,000,000) (increased by $1,000,000) (reduced by +$1,000,000) (increased by $1,000,000), plus reimbursements, shall +become available on October 1, 2020, and shall remain available until +September 30, 2021: Provided, That, of the amount made available on +October 1, 2020, under this heading, $1,500,000,000 shall remain +available until September 30, 2022: Provided further, That, +notwithstanding any other provision of law, the Secretary of Veterans +Affairs shall establish a priority for the provision of medical +treatment for veterans who have service-connected disabilities, lower +income, or have special needs: Provided further, That, notwithstanding +any other provision of law, the Secretary of Veterans Affairs shall +give priority funding for the provision of basic medical benefits to +veterans in enrollment priority groups 1 through 6: Provided further, +That, notwithstanding any other provision of law, the Secretary of +Veterans Affairs may authorize the dispensing of prescription drugs +from Veterans Health Administration facilities to enrolled veterans +with privately written prescriptions based on requirements established +by the Secretary: Provided further, That the implementation of the +program described in the previous proviso shall incur no additional +cost to the Department of Veterans Affairs: Provided further, That the +Secretary of Veterans Affairs shall ensure that sufficient amounts +appropriated under this heading for medical supplies and equipment are +available for the acquisition of prosthetics designed specifically for +female veterans: Provided further, That of the amount made available on +October 1, 2019, under this heading, not less than $581,514,000 +(increased by $3,000,000) (reduced by $3,000,000) (increased by +$1,700,000) shall be for gender-specific care for women as described in +the report accompanying this Act. + + medical community care + + For necessary expenses for furnishing health care to individuals +pursuant to chapter 17 of title 38, United States Code, at non- +Department facilities, $4,521,400,000 (reduced by $5,000,000) +(increased by $1) (reduced by $1), which shall be in addition to funds +previously appropriated under this heading that become available on +October 1, 2019; and, in addition, $17,131,179,000, plus +reimbursements, shall become available on October 1, 2020, and shall +remain available until September 30, 2021: Provided, That, of the +amount made available on October 1, 2020, under this heading, +$2,000,000,000 shall remain available until September 30, 2022. + + medical support and compliance + + For necessary expenses in the administration of the medical, +hospital, nursing home, domiciliary, construction, supply, and research +activities, as authorized by law; administrative expenses in support of +capital policy activities; and administrative and legal expenses of the +Department for collecting and recovering amounts owed the Department as +authorized under chapter 17 of title 38, United States Code, and the +Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), +$98,800,000, which shall be in addition to funds previously +appropriated under this heading that become available on October 1, +2019; and, in addition, $7,914,191,000, plus reimbursements, shall +become available on October 1, 2020, and shall remain available until +September 30, 2021: Provided, That, of the amount made available on +October 1, 2020, under this heading, $150,000,000 shall remain +available until September 30, 2022. + + medical facilities + + For necessary expenses for the maintenance and operation of +hospitals, nursing homes, domiciliary facilities, and other necessary +facilities of the Veterans Health Administration; for administrative +expenses in support of planning, design, project management, real +property acquisition and disposition, construction, and renovation of +any facility under the jurisdiction or for the use of the Department; +for oversight, engineering, and architectural activities not charged to +project costs; for repairing, altering, improving, or providing +facilities in the several hospitals and homes under the jurisdiction of +the Department, not otherwise provided for, either by contract or by +the hire of temporary employees and purchase of materials; for leases +of facilities; and for laundry services; $20,000,000 (reduced by +$10,000,000) (increased by $10,000,000) (increased by $5,000,000), +which shall be in addition to funds previously appropriated under this +heading that become available on October 1, 2019; and, in addition, +$6,433,265,000, plus reimbursements, shall become available on October +1, 2020, and shall remain available until September 30, 2021: Provided, +That, of the amount made available on October 1, 2020, under this +heading, $250,000,000 shall remain available until September 30, 2022. + + medical and prosthetic research + + For necessary expenses in carrying out programs of medical and +prosthetic research and development as authorized by chapter 73 of +title 38, United States Code, $840,000,000, plus reimbursements, shall +remain available until September 30, 2021. + + National Cemetery Administration + + For necessary expenses of the National Cemetery Administration for +operations and maintenance, not otherwise provided for, including +uniforms or allowances therefor; cemeterial expenses as authorized by +law; purchase of one passenger motor vehicle for use in cemeterial +operations; hire of passenger motor vehicles; and repair, alteration or +improvement of facilities under the jurisdiction of the National +Cemetery Administration, $329,000,000, of which not to exceed 10 +percent shall remain available until September 30, 2021. + + Departmental Administration + + general administration + + (including transfer of funds) + + For necessary operating expenses of the Department of Veterans +Affairs, not otherwise provided for, including administrative expenses +in support of Department-wide capital planning, management and policy +activities, uniforms, or allowances therefor; not to exceed $25,000 for +official reception and representation expenses; hire of passenger motor +vehicles; and reimbursement of the General Services Administration for +security guard services, $369,200,000 (reduced by $1,000,000) +(increased by $1,000,000) (reduced by $1,000,000) (reduced by +$6,500,000) (reduced by $1,500,000) (reduced by $1,700,000), of which +not to exceed 10 percent shall remain available until September 30, +2021: Provided, That funds provided under this heading may be +transferred to ``General Operating Expenses, Veterans Benefits +Administration''. + + board of veterans appeals + + For necessary operating expenses of the Board of Veterans Appeals, +$182,000,000, of which not to exceed 10 percent shall remain available +until September 30, 2021. + + information technology systems + + (including transfer of funds) + + For necessary expenses for information technology systems and +telecommunications support, including developmental information systems +and operational information systems; for pay and associated costs; and +for the capital asset acquisition of information technology systems, +including management and related contractual costs of said +acquisitions, including contractual costs associated with operations +authorized by section 3109 of title 5, United States Code, +$4,343,000,000 (reduced by $3,500,000) (reduced by $1,000,000) (reduced +by $2,000,000) (reduced by $5,200,000), plus reimbursements: Provided, +That $1,204,238,000 shall be for pay and associated costs, of which not +to exceed 3 percent shall remain available until September 30, 2021: +Provided further, That $2,737,482,000 (reduced by $3,500,000) (reduced +by $1,000,000) (reduced by $2,000,000) (reduced by $5,200,000) shall be +for operations and maintenance, of which not to exceed 5 percent shall +remain available until September 30, 2021: Provided further, That +$401,280,000 shall be for information technology systems development, +and shall remain available until September 30, 2021: Provided further, +That amounts made available for salaries and expenses, operations and +maintenance, and information technology systems development may be +transferred among the three subaccounts after the Secretary of Veterans +Affairs requests from the Committees on Appropriations of both Houses +of Congress the authority to make the transfer and an approval is +issued: Provided further, That amounts made available for the +``Information Technology Systems'' account for development may be +transferred among projects or to newly defined projects: Provided +further, That no project may be increased or decreased by more than +$1,000,000 of cost prior to submitting a request to the Committees on +Appropriations of both Houses of Congress to make the transfer and an +approval is issued, or absent a response, a period of 30 days has +elapsed: Provided further, That the funds made available under this +heading for information technology systems development shall be for the +projects, and in the amounts, specified under this heading in the +report accompanying this Act. + + veterans electronic health record + + For activities related to implementation, preparation, development, +interface, management, rollout, and maintenance of a Veterans +Electronic Health Record system, including contractual costs associated +with operations authorized by section 3109 of title 5, United States +Code, and salaries and expenses of employees hired under titles 5 and +38, United States Code, $1,603,000,000, to remain available until +September 30, 2022: Provided, That the Secretary of Veterans Affairs +shall submit to the Committees on Appropriations of both Houses of +Congress quarterly reports detailing obligations, expenditures, and +deployment implementation by facility: Provided further, That the funds +provided in this account shall only be available to the Office of the +Deputy Secretary, to be administered by that Office: Provided further, +That none of the funds made available under this heading may be +obligated in a manner inconsistent with deployment schedules provided +to the Committees on Appropriations unless the Secretary of Veterans +Affairs provides notification to the Committees on Appropriations of +such change and an approval is issued. + + office of inspector general + + For necessary expenses of the Office of Inspector General, to +include information technology, in carrying out the provisions of the +Inspector General Act of 1978 (5 U.S.C. App.), $222,000,000 (increased +by $1,000,000) (reduced by $1,000,000), of which not to exceed 10 +percent shall remain available until September 30, 2021. + + construction, major projects + + For constructing, altering, extending, and improving any of the +facilities, including parking projects, under the jurisdiction or for +the use of the Department of Veterans Affairs, or for any of the +purposes set forth in sections 316, 2404, 2406 and chapter 81 of title +38, United States Code, not otherwise provided for, including planning, +architectural and engineering services, construction management +services, maintenance or guarantee period services costs associated +with equipment guarantees provided under the project, services of +claims analysts, offsite utility and storm drainage system construction +costs, and site acquisition, where the estimated cost of a project is +more than the amount set forth in section 8104(a)(3)(A) of title 38, +United States Code, or where funds for a project were made available in +a previous major project appropriation, $1,235,200,000, of which +$1,036,600,000 (increased by $39,732,000) (reduced by $39,732,000) +shall remain available until September 30, 2024, and of which +$198,600,000 shall remain available until expended, of which +$35,000,000 shall be available for seismic improvement projects and +seismic program management activities, including for projects that +would otherwise be funded by the Construction, Minor Projects, Medical +Facilities or National Cemetery Administration accounts: Provided, That +except for advance planning activities, including needs assessments +which may or may not lead to capital investments, and other capital +asset management related activities, including portfolio development +and management activities, and investment strategy studies funded +through the advance planning fund and the planning and design +activities funded through the design fund, including needs assessments +which may or may not lead to capital investments, and funds provided +for the purchase, security, and maintenance of land for the National +Cemetery Administration through the land acquisition line item, none of +the funds made available under this heading shall be used for any +project that has not been notified to Congress through the budgetary +process or that has not been approved by the Congress through statute, +joint resolution, or in the explanatory statement accompanying such Act +and presented to the President at the time of enrollment: Provided +further, That such sums as may be necessary shall be available to +reimburse the ``General Administration'' account for payment of +salaries and expenses of all Office of Construction and Facilities +Management employees to support the full range of capital +infrastructure services provided, including minor construction and +leasing services: Provided further, That funds made available under +this heading for fiscal year 2020, for each approved project shall be +obligated: (1) by the awarding of a construction documents contract by +September 30, 2020; and (2) by the awarding of a construction contract +by September 30, 2021: Provided further, That the Secretary of Veterans +Affairs shall promptly submit to the Committees on Appropriations of +both Houses of Congress a written report on any approved major +construction project for which obligations are not incurred within the +time limitations established above: Provided further, That +notwithstanding the requirements of section 8104(a) of title 38, United +States Code, amounts made available under this heading for seismic +improvement projects and seismic program management activities shall be +available for the completion of both new and existing seismic projects +of the Department. + + construction, minor projects + + For constructing, altering, extending, and improving any of the +facilities, including parking projects, under the jurisdiction or for +the use of the Department of Veterans Affairs, including planning and +assessments of needs which may lead to capital investments, +architectural and engineering services, maintenance or guarantee period +services costs associated with equipment guarantees provided under the +project, services of claims analysts, offsite utility and storm +drainage system construction costs, and site acquisition, or for any of +the purposes set forth in sections 316, 2404, 2406 and chapter 81 of +title 38, United States Code, not otherwise provided for, where the +estimated cost of a project is equal to or less than the amount set +forth in section 8104(a)(3)(A) of title 38, United States Code, +$421,117,000, to remain available until September 30, 2024, along with +unobligated balances of previous ``Construction, Minor Projects'' +appropriations which are hereby made available for any project where +the estimated cost is equal to or less than the amount set forth in +such section: Provided, That funds made available under this heading +shall be for: (1) repairs to any of the nonmedical facilities under the +jurisdiction or for the use of the Department which are necessary +because of loss or damage caused by any natural disaster or +catastrophe; and (2) temporary measures necessary to prevent or to +minimize further loss by such causes. + + grants for construction of state extended care facilities + + For grants to assist States to acquire or construct State nursing +home and domiciliary facilities and to remodel, modify, or alter +existing hospital, nursing home, and domiciliary facilities in State +homes, for furnishing care to veterans as authorized by sections 8131 +through 8137 of title 38, United States Code, $150,000,000, to remain +available until expended. + + grants for construction of veterans cemeteries + + For grants to assist States and tribal organizations in +establishing, expanding, or improving veterans cemeteries as authorized +by section 2408 of title 38, United States Code, $45,000,000, to remain +available until expended. + + Administrative Provisions + + (including transfer of funds) + + Sec. 201. Any appropriation for fiscal year 2020 for +``Compensation and Pensions'', ``Readjustment Benefits'', and +``Veterans Insurance and Indemnities'' may be transferred as necessary +to any other of the mentioned appropriations: Provided, That, before a +transfer may take place, the Secretary of Veterans Affairs shall +request from the Committees on Appropriations of both Houses of +Congress the authority to make the transfer and such Committees issue +an approval, or absent a response, a period of 30 days has elapsed. + + (including transfer of funds) + + Sec. 202. Amounts made available for the Department of Veterans +Affairs for fiscal year 2020, in this or any other Act, under the +``Medical Services'', ``Medical Community Care'', ``Medical Support and +Compliance'', and ``Medical Facilities'' accounts may be transferred +among the accounts: Provided, That any transfers among the ``Medical +Services'', ``Medical Community Care'', and ``Medical Support and +Compliance'' accounts of 1 percent or less of the total amount +appropriated to the account in this or any other Act may take place +subject to notification from the Secretary of Veterans Affairs to the +Committees on Appropriations of both Houses of Congress of the amount +and purpose of the transfer: Provided further, That any transfers among +the ``Medical Services'', ``Medical Community Care'', and ``Medical +Support and Compliance'' accounts in excess of 1 percent, or exceeding +the cumulative 1 percent for the fiscal year, may take place only after +the Secretary requests from the Committees on Appropriations of both +Houses of Congress the authority to make the transfer and an approval +is issued: Provided further, That any transfers to or from the +``Medical Facilities'' account may take place only after the Secretary +requests from the Committees on Appropriations of both Houses of +Congress the authority to make the transfer and an approval is issued. + Sec. 203. Appropriations available in this title for salaries and +expenses shall be available for services authorized by section 3109 of +title 5, United States Code; hire of passenger motor vehicles; lease of +a facility or land or both; and uniforms or allowances therefore, as +authorized by sections 5901 through 5902 of title 5, United States +Code. + Sec. 204. No appropriations in this title (except the +appropriations for ``Construction, Major Projects'', and +``Construction, Minor Projects'') shall be available for the purchase +of any site for or toward the construction of any new hospital or home. + Sec. 205. No appropriations in this title shall be available for +hospitalization or examination of any persons (except beneficiaries +entitled to such hospitalization or examination under the laws +providing such benefits to veterans, and persons receiving such +treatment under sections 7901 through 7904 of title 5, United States +Code, or the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the +cost of such hospitalization or examination is made to the ``Medical +Services'' account at such rates as may be fixed by the Secretary of +Veterans Affairs. + Sec. 206. Appropriations available in this title for +``Compensation and Pensions'', ``Readjustment Benefits'', and +``Veterans Insurance and Indemnities'' shall be available for payment +of prior year accrued obligations required to be recorded by law +against the corresponding prior year accounts within the last quarter +of fiscal year 2019. + Sec. 207. Appropriations available in this title shall be +available to pay prior year obligations of corresponding prior year +appropriations accounts resulting from sections 3328(a), 3334, and +3712(a) of title 31, United States Code, except that if such +obligations are from trust fund accounts they shall be payable only +from ``Compensation and Pensions''. + + (including transfer of funds) + + Sec. 208. Notwithstanding any other provision of law, during +fiscal year 2020, the Secretary of Veterans Affairs shall, from the +National Service Life Insurance Fund under section 1920 of title 38, +United States Code, the Veterans' Special Life Insurance Fund under +section 1923 of title 38, United States Code, and the United States +Government Life Insurance Fund under section 1955 of title 38, United +States Code, reimburse the ``General Operating Expenses, Veterans +Benefits Administration'' and ``Information Technology Systems'' +accounts for the cost of administration of the insurance programs +financed through those accounts: Provided, That reimbursement shall be +made only from the surplus earnings accumulated in such an insurance +program during fiscal year 2020 that are available for dividends in +that program after claims have been paid and actuarially determined +reserves have been set aside: Provided further, That if the cost of +administration of such an insurance program exceeds the amount of +surplus earnings accumulated in that program, reimbursement shall be +made only to the extent of such surplus earnings: Provided further, +That the Secretary shall determine the cost of administration for +fiscal year 2020 which is properly allocable to the provision of each +such insurance program and to the provision of any total disability +income insurance included in that insurance program. + Sec. 209. Amounts deducted from enhanced-use lease proceeds to +reimburse an account for expenses incurred by that account during a +prior fiscal year for providing enhanced-use lease services, may be +obligated during the fiscal year in which the proceeds are received. + + (including transfer of funds) + + Sec. 210. Funds available in this title or funds for salaries and +other administrative expenses shall also be available to reimburse the +Office of Resolution Management, the Office of Employment +Discrimination Complaint Adjudication, and the Office of Diversity and +Inclusion for all services provided at rates which will recover actual +costs but not to exceed $57,263,000 for the Office of Resolution +Management, $6,000,000 for the Office of Employment Discrimination +Complaint Adjudication, and $4,628,000 for the Office of Diversity and +Inclusion: Provided, That payments may be made in advance for services +to be furnished based on estimated costs: Provided further, That +amounts received shall be credited to the ``General Administration'' +and ``Information Technology Systems'' accounts for use by the office +that provided the service. + Sec. 211. No funds of the Department of Veterans Affairs shall be +available for hospital care, nursing home care, or medical services +provided to any person under chapter 17 of title 38, United States +Code, for a non-service-connected disability described in section +1729(a)(2) of such title, unless that person has disclosed to the +Secretary of Veterans Affairs, in such form as the Secretary may +require, current, accurate third-party reimbursement information for +purposes of section 1729 of such title: Provided, That the Secretary +may recover, in the same manner as any other debt due the United +States, the reasonable charges for such care or services from any +person who does not make such disclosure as required: Provided further, +That any amounts so recovered for care or services provided in a prior +fiscal year may be obligated by the Secretary during the fiscal year in +which amounts are received. + + (including transfer of funds) + + Sec. 212. Notwithstanding any other provision of law, proceeds or +revenues derived from enhanced-use leasing activities (including +disposal) may be deposited into the ``Construction, Major Projects'' +and ``Construction, Minor Projects'' accounts and be used for +construction (including site acquisition and disposition), alterations, +and improvements of any medical facility under the jurisdiction or for +the use of the Department of Veterans Affairs. Such sums as realized +are in addition to the amount provided for in ``Construction, Major +Projects'' and ``Construction, Minor Projects''. + Sec. 213. Amounts made available under ``Medical Services'' are +available-- + (1) for furnishing recreational facilities, supplies, and + equipment; and + (2) for funeral expenses, burial expenses, and other + expenses incidental to funerals and burials for beneficiaries + receiving care in the Department. + + (including transfer of funds) + + Sec. 214. Such sums as may be deposited to the Medical Care +Collections Fund pursuant to section 1729A of title 38, United States +Code, may be transferred to the ``Medical Services'' and ``Medical +Community Care'' accounts to remain available until expended for the +purposes of these accounts. + Sec. 215. The Secretary of Veterans Affairs may enter into +agreements with Federally Qualified Health Centers in the State of +Alaska and Indian tribes and tribal organizations which are party to +the Alaska Native Health Compact with the Indian Health Service, to +provide healthcare, including behavioral health and dental care, to +veterans in rural Alaska. The Secretary shall require participating +veterans and facilities to comply with all appropriate rules and +regulations, as established by the Secretary. The term ``rural Alaska'' +shall mean those lands which are not within the boundaries of the +municipality of Anchorage or the Fairbanks North Star Borough. + + (including transfer of funds) + + Sec. 216. Such sums as may be deposited to the Department of +Veterans Affairs Capital Asset Fund pursuant to section 8118 of title +38, United States Code, may be transferred to the ``Construction, Major +Projects'' and ``Construction, Minor Projects'' accounts, to remain +available until expended for the purposes of these accounts. + Sec. 217. Not later than 30 days after the end of each fiscal +quarter, the Secretary of Veterans Affairs shall submit to the +Committees on Appropriations of both Houses of Congress a report on the +financial status of the Department of Veterans Affairs for the +preceding quarter: Provided, That, at a minimum, the report shall +include the direction contained in the paragraph entitled ``Quarterly +reporting'', under the heading ``General Administration'' in the joint +explanatory statement accompanying Public Law 114-223. + + (including transfer of funds) + + Sec. 218. Amounts made available under the ``Medical Services'', +``Medical Community Care'', ``Medical Support and Compliance'', +``Medical Facilities'', ``General Operating Expenses, Veterans Benefits +Administration'', ``Board of Veterans Appeals'', ``General +Administration'', and ``National Cemetery Administration'' accounts for +fiscal year 2020 may be transferred to or from the ``Information +Technology Systems'' account: Provided, That such transfers may not +result in a more than 10 percent aggregate increase in the total amount +made available by this Act for the ``Information Technology Systems'' +account: Provided further, That, before a transfer may take place, the +Secretary of Veterans Affairs shall request from the Committees on +Appropriations of both Houses of Congress the authority to make the +transfer and an approval is issued. + + (including transfer of funds) + + Sec. 219. Of the amounts appropriated to the Department of +Veterans Affairs for fiscal year 2020 for ``Medical Services'', +``Medical Community Care'', ``Medical Support and Compliance'', +``Medical Facilities'', ``Construction, Minor Projects'', and +``Information Technology Systems'', up to $314,409,000, plus +reimbursements, may be transferred to the Joint Department of Defense-- +Department of Veterans Affairs Medical Facility Demonstration Fund, +established by section 1704 of the National Defense Authorization Act +for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be +used for operation of the facilities designated as combined Federal +medical facilities as described by section 706 of the Duncan Hunter +National Defense Authorization Act for Fiscal Year 2009 (Public Law +110-417; 122 Stat. 4500): Provided, That additional funds may be +transferred from accounts designated in this section to the Joint +Department of Defense--Department of Veterans Affairs Medical Facility +Demonstration Fund upon written notification by the Secretary of +Veterans Affairs to the Committees on Appropriations of both Houses of +Congress: Provided further, That section 220 of title II of division C +of Public Law 115-244 is repealed. + + (including transfer of funds) + + Sec. 220. Of the amounts appropriated to the Department of +Veterans Affairs which become available on October 1, 2020, for +``Medical Services'', ``Medical Community Care'', ``Medical Support and +Compliance'', and ``Medical Facilities'', up to $322,931,000, plus +reimbursements, may be transferred to the Joint Department of Defense-- +Department of Veterans Affairs Medical Facility Demonstration Fund, +established by section 1704 of the National Defense Authorization Act +for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be +used for operation of the facilities designated as combined Federal +medical facilities as described by section 706 of the Duncan Hunter +National Defense Authorization Act for Fiscal Year 2009 (Public Law +110-417; 122 Stat. 4500): Provided, That additional funds may be +transferred from accounts designated in this section to the Joint +Department of Defense--Department of Veterans Affairs Medical Facility +Demonstration Fund upon written notification by the Secretary of +Veterans Affairs to the Committees on Appropriations of both Houses of +Congress. + + (including transfer of funds) + + Sec. 221. Such sums as may be deposited to the Medical Care +Collections Fund pursuant to section 1729A of title 38, United States +Code, for healthcare provided at facilities designated as combined +Federal medical facilities as described by section 706 of the Duncan +Hunter National Defense Authorization Act for Fiscal Year 2009 (Public +Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer +to the Joint Department of Defense--Department of Veterans Affairs +Medical Facility Demonstration Fund, established by section 1704 of the +National Defense Authorization Act for Fiscal Year 2010 (Public Law +111-84; 123 Stat. 3571); and (2) for operations of the facilities +designated as combined Federal medical facilities as described by +section 706 of the Duncan Hunter National Defense Authorization Act for +Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That, +notwithstanding section 1704(b)(3) of the National Defense +Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. +2573), amounts transferred to the Joint Department of Defense-- +Department of Veterans Affairs Medical Facility Demonstration Fund +shall remain available until expended. + + (including transfer of funds) + + Sec. 222. Of the amounts available in this title for ``Medical +Services'', ``Medical Community Care'', ``Medical Support and +Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 +shall be transferred to the DOD-VA Health Care Sharing Incentive Fund, +as authorized by section 8111(d) of title 38, United States Code, to +remain available until expended, for any purpose authorized by section +8111 of title 38, United States Code. + Sec. 223. The Secretary of Veterans Affairs shall notify the +Committees on Appropriations of both Houses of Congress of all bid +savings in a major construction project that total at least $5,000,000, +or 5 percent of the programmed amount of the project, whichever is +less: Provided, That such notification shall occur within 14 days of a +contract identifying the programmed amount: Provided further, That the +Secretary shall notify the Committees on Appropriations of both Houses +of Congress 14 days prior to the obligation of such bid savings and +shall describe the anticipated use of such savings. + Sec. 224. None of the funds made available for ``Construction, +Major Projects'' may be used for a project in excess of the scope +specified for that project in the original justification data provided +to the Congress as part of the request for appropriations unless the +Secretary of Veterans Affairs receives approval from the Committees on +Appropriations of both Houses of Congress. + Sec. 225. Not later than 30 days after the end of each fiscal +quarter, the Secretary of Veterans Affairs shall submit to the +Committees on Appropriations of both Houses of Congress a quarterly +report containing performance measures and data from each Veterans +Benefits Administration Regional Office: Provided, That, at a minimum, +the report shall include the direction contained in the section +entitled ``Disability claims backlog'', under the heading ``General +Operating Expenses, Veterans Benefits Administration'' in the joint +explanatory statement accompanying Public Law 114-223: Provided +further, That the report shall also include information on the number +of appeals pending at the Veterans Benefits Administration as well as +the Board of Veterans Appeals on a quarterly basis. + Sec. 226. The Secretary of Veterans Affairs shall provide written +notification to the Committees on Appropriations of both Houses of +Congress 15 days prior to organizational changes which result in the +transfer of 25 or more full-time equivalents from one organizational +unit of the Department of Veterans Affairs to another. + Sec. 227. The Secretary of Veterans Affairs shall provide on a +quarterly basis to the Committees on Appropriations of both Houses of +Congress notification of any single national outreach and awareness +marketing campaign in which obligations exceed $1,000,000. + + (including transfer of funds) + + Sec. 228. The Secretary of Veterans Affairs, upon determination +that such action is necessary to address needs of the Veterans Health +Administration, may transfer to the ``Medical Services'' account any +discretionary appropriations made available for fiscal year 2020 in +this title (except appropriations made to the ``General Operating +Expenses, Veterans Benefits Administration'' account) or any +discretionary unobligated balances within the Department of Veterans +Affairs, including those appropriated for fiscal year 2020, that were +provided in advance by appropriations Acts: Provided, That transfers +shall be made only with the approval of the Office of Management and +Budget: Provided further, That the transfer authority provided in this +section is in addition to any other transfer authority provided by law: +Provided further, That no amounts may be transferred from amounts that +were designated by Congress as an emergency requirement pursuant to a +concurrent resolution on the budget or the Balanced Budget and +Emergency Deficit Control Act of 1985: Provided further, That such +authority to transfer may not be used unless for higher priority items, +based on emergent healthcare requirements, than those for which +originally appropriated and in no case where the item for which funds +are requested has been denied by Congress: Provided further, That, upon +determination that all or part of the funds transferred from an +appropriation are not necessary, such amounts may be transferred back +to that appropriation and shall be available for the same purposes as +originally appropriated: Provided further, That before a transfer may +take place, the Secretary of Veterans Affairs shall request from the +Committees on Appropriations of both Houses of Congress the authority +to make the transfer and receive approval of that request. + + (including transfer of funds) + + Sec. 229. Amounts made available for the Department of Veterans +Affairs for fiscal year 2020, under the ``Board of Veterans Appeals'' +and the ``General Operating Expenses, Veterans Benefits +Administration'' accounts may be transferred between such accounts: +Provided, That before a transfer may take place, the Secretary of +Veterans Affairs shall request from the Committees on Appropriations of +both Houses of Congress the authority to make the transfer and receive +approval of that request. + Sec. 230. The Secretary of Veterans Affairs may not reprogram +funds among major construction projects or programs if such instance of +reprogramming will exceed $7,000,000, unless such reprogramming is +approved by the Committees on Appropriations of both Houses of +Congress. + Sec. 231. (a) The Secretary of Veterans Affairs shall ensure that +the toll-free suicide hotline under section 1720F(h) of title 38, +United States Code-- + (1) provides to individuals who contact the hotline + immediate assistance from a trained professional; and + (2) adheres to all requirements of the American Association + of Suicidology. + (b)(1) None of the funds made available by this Act may be used to +enforce or otherwise carry out any Executive action that prohibits the +Secretary of Veterans Affairs from appointing an individual to occupy a +vacant civil service position, or establishing a new civil service +position, at the Department of Veterans Affairs with respect to such a +position relating to the hotline specified in subsection (a). + (2) In this subsection-- + (A) the term ``civil service'' has the meaning given such + term in section 2101(1) of title 5, United States Code; and + (B) the term ``Executive action'' includes-- + (i) any Executive order, presidential memorandum, + or other action by the President; and + (ii) any agency policy, order, or other directive. + Sec. 232. None of the funds in this or any other Act may be used +to close Department of Veterans Affairs (VA) hospitals, domiciliaries, +or clinics, conduct an environmental assessment, or to diminish +healthcare services at existing Veterans Health Administration medical +facilities located in Veterans Integrated Service Network 23 as part of +a planned realignment of VA services until the Secretary provides to +the Committees on Appropriations of both Houses of Congress a report +including the following elements-- + (1) a national realignment strategy that includes a + detailed description of realignment plans within each Veterans + Integrated Services Network (VISN), including an updated Long + Range Capital Plan to implement realignment requirements; + (2) an explanation of the process by which those plans were + developed and coordinated within each VISN; + (3) a cost versus benefit analysis of each planned + realignment, including the cost of replacing Veterans Health + Administration services with contract care or other outsourced + services; + (4) an analysis of how any such planned realignment of + services will impact access to care for veterans living in + rural or highly rural areas, including travel distances and + transportation costs to access a VA medical facility and + availability of local specialty and primary care; + (5) an inventory of VA buildings with historic designation + and the methodology used to determine the buildings' condition + and utilization; + (6) a description of how any realignment will be consistent + with requirements under the National Historic Preservation Act; + and + (7) consideration given for reuse of historic buildings + within newly identified realignment requirements: Provided, + That, this provision shall not apply to capital projects in + VISN 23, or any other VISN, which have been authorized or + approved by Congress. + Sec. 233. Effective during the period beginning on October 1, 2018 +and ending on January 1, 2024, none of the funds made available to the +Secretary of Veterans Affairs by this or any other Act may be obligated +or expended in contravention of the ``Veterans Health Administration +Clinical Preventive Services Guidance Statement on the Veterans Health +Administration's Screening for Breast Cancer Guidance'' published on +May 10, 2017, as issued by the Veterans Health Administration National +Center for Health Promotion and Disease Prevention. + Sec. 234. (a) Chapter 17 of title 38, United States Code, is +amended by inserting after section 1720I the following new section: +``Sec. 1720J. Provision of assisted reproductive technology or adoption + reimbursements for certain disabled veterans + ``(a) Provision of Services.--Subject to the availability of +appropriations, the Secretary may provide-- + ``(1) fertility counseling and treatment using assisted + reproductive technology to a covered veteran or the spouse of a + covered veteran; or + ``(2) adoption reimbursement to a covered veteran. + ``(b) Limitations.--Amounts made available for the purposes +specified in subsection (a) are subject to the requirements for funds +contained in section 508 of division H of the Consolidated +Appropriations Act, 2017 (Public Law 115-31). + ``(c) Definitions.--In this section: + ``(1) The term `adoption reimbursement' means reimbursement + for the adoption-related expenses for an adoption that is + finalized after the date of the enactment of this section under + the same terms as apply under the adoption reimbursement + program of the Department of Defense, as authorized in + Department of Defense Instruction 1341.09, including the + reimbursement limits and requirements set forth in such + instruction, as in effect on the date of the enactment of this + section. + ``(2) The term `assisted reproductive technology' means + benefits relating to reproductive assistance provided to a + member of the Armed Forces who incurs a serious injury or + illness on active duty pursuant to section 1074(c)(4)(A) of + title 10, as described in the memorandum on the subject of + `Policy for Assisted Reproductive Services for the Benefit of + Seriously or Severely Ill/Injured (Category II or III) Active + Duty Service Members' issued by the Assistant Secretary of + Defense for Health Affairs on April 3, 2012, and the guidance + issued to implement such policy, as in effect on the date of + the enactment of this section, including any limitations on the + amount of such benefits available to such a member, except + that-- + ``(A) the periods regarding embryo cryopreservation + and storage set forth in part III(G) and in part IV(H) + of such memorandum shall not apply; and + ``(B) such term includes embryo cryopreservation + and storage without limitation on the duration of such + cryopreservation and storage. + ``(3) The term `covered veteran' means a veteran who has a + service-connected disability that results in the inability of + the veteran to procreate without the use of fertility + treatment.''. + (b) The table of sections at the beginning of such chapter is +amended by inserting after the item relating to section 1720I the +following new item: + +``1720J. Provision of assisted reproductive technology or adoption + reimbursements for certain disabled + veterans.''. + Sec. 235. None of the funds appropriated or otherwise made +available by this Act or any other Act for the Department of Veterans +Affairs may be used in a manner that is inconsistent with: (1) section +842 of the Transportation, Treasury, Housing and Urban Development, the +Judiciary, the District of Columbia, and Independent Agencies +Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) +section 8110(a)(5) of title 38, United States Code. + Sec. 236. Section 842 of Public Law 109-115 shall not apply to +conversion of an activity or function of the Veterans Health +Administration, Veterans Benefits Administration, or National Cemetery +Administration to contractor performance by a business concern that is +at least 51 percent owned by one or more Indian tribes as defined in +section 5304(e) of title 25, United States Code, or one or more Native +Hawaiian Organizations as defined in section 637(a)(15) of title 15, +United States Code. + Sec. 237. (a) Except as provided in subsection (b), the Secretary +of Veterans Affairs, in consultation with the Secretary of Defense and +the Secretary of Labor, shall discontinue using Social Security account +numbers to identify individuals in all information systems of the +Department of Veterans Affairs as follows: + (1) For all veterans submitting to the Secretary of + Veterans Affairs new claims for benefits under laws + administered by the Secretary, not later than 5 years after the + date of the enactment of this Act. + (2) For all individuals not described in paragraph (1), not + later than 8 years after the date of the enactment of this Act. + (b) The Secretary of Veterans Affairs may use a Social Security +account number to identify an individual in an information system of +the Department of Veterans Affairs only if the use of such number is +required to obtain information the Secretary requires from an +information system that is not under the jurisdiction of the Secretary. + Sec. 238. For funds provided to the Department of Veterans Affairs +for each of fiscal year 2020 and 2021 for ``Medical Services'', section +239 of Division A of Public Law 114-223 shall apply. + Sec. 239. None of the funds appropriated in this or prior +appropriations Acts or otherwise made available to the Department of +Veterans Affairs may be used to transfer any amounts from the Filipino +Veterans Equity Compensation Fund to any other account within the +Department of Veterans Affairs. + Sec. 240. Of the funds provided to the Department of Veterans +Affairs for each of fiscal year 2020 and fiscal year 2021 for ``Medical +Services'', funds may be used in each year to carry out and expand the +child care program authorized by section 205 of Public Law 111-163, +notwithstanding subsection (e) of such section. + Sec. 241. None of the funds appropriated or otherwise made +available in this title may be used by the Secretary of Veterans +Affairs to enter into an agreement related to resolving a dispute or +claim with an individual that would restrict in any way the individual +from speaking to members of Congress or their staff on any topic not +otherwise prohibited from disclosure by Federal law or required by +Executive order to be kept secret in the interest of national defense +or the conduct of foreign affairs. + Sec. 242. For funds provided to the Department of Veterans Affairs +for each of fiscal year 2020 and 2021, section 258 of division A of +Public Law 114-223 shall apply. + Sec. 243. For an additional amount for the Department of Veterans +Affairs, $1,000,000,000 to remain available until expended, for +infrastructure improvements, including new construction, and in +addition to amounts otherwise made available in this Act for such +purpose, of which: + (1) $850,000,000 shall be available for seismic improvement + projects and seismic program management activities, including + projects that would otherwise be funded by the Construction, + Major Projects, the Construction, Minor Projects, Medical + Facilities, or National Cemetery Administration accounts. + (2) $150,000,000 shall be for ``Departmental + Administration--Construction, Minor Projects'': + Provided, That the additional amounts appropriated under this section +for the purpose of minor construction may be used to carry out critical +life-safety projects identified in the Department's annual facility +condition assessments; sustainment projects; modernization projects; +infrastructure repair; renovations at existing Veterans Health +Administration medical centers and outpatient clinics; and projects +included in the Strategic Capital Investment Process plan: Provided +further, That notwithstanding the requirements of section 8104(a) of +title 38, United States Code, amounts made available under this heading +for seismic improvement projects and seismic program management +activities shall be available for the completion of both new and +existing projects of the Department: Provided further, That the +additional amounts appropriated under this section may not be obligated +or expended until the Secretary of Veterans Affairs submits to the +Committees on Appropriations of both Houses of Congress, and such +Committees approve, a detailed expenditure plan, including project +descriptions and costs, for any minor construction, major construction, +or seismic improvement project being funded with the additional amounts +made available in this administrative provision. + Sec. 244. (a) None of the funds appropriated or otherwise made +available by this Act may be used to deny an Inspector General funded +under this Act timely access to any records, documents, or other +materials available to the department or agency of the United States +Government over which such Inspector General has responsibilities under +the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or +impede the access of such Inspector General to such records, documents, +or other materials, under any provision of law, except a provision of +law that expressly refers to such Inspector General and expressly +limits the right of access of such Inspector General. + (b) A department or agency covered by this section shall provide +its Inspector General access to all records, documents, and other +materials in a timely manner. + (c) Each Inspector General covered by this section shall ensure +compliance with statutory limitations on disclosure relevant to the +information provided by the department or agency over which that +Inspector General has responsibilities under the Inspector General Act +of 1978 (5 U.S.C. App.). + (d) Each Inspector General covered by this section shall report to +the Committee on Appropriations of the Senate and the Committee on +Appropriations of the House of Representatives within 5 calendar days +of any failure by any department or agency covered by this section to +comply with this section. + Sec. 245. None of the funds made available in this Act may be used +in a manner that would increase wait times for veterans who seek care +at medical facilities of the Department of Veterans Affairs. + Sec. 246. None of the funds appropriated or otherwise made +available by this Act to the Veterans Health Administration may be used +in fiscal year 2020 to convert any program which received specific +purpose funds in fiscal year 2019 to a general purpose funded program +unless the Secretary of Veterans Affairs submits written notification +of any such proposal to the Committees on Appropriations of both Houses +of Congress at least thirty days prior to any such action and an +approval is issued by the Committees. + Sec. 247. (a) Except as provided by subsection (b), none of the +funds made available by this Act may be used by the Secretary of +Veterans Affairs to purchase, breed, transport, house, feed, maintain, +dispose of, or experiment on, dogs as part of the conduct of any study +including an assignment of pain category D or E, as defined by the Pain +and Distress Categories of the Department of Agriculture (or such +successor categories developed pursuant to section 13 of the Animal +Welfare Act (7 U.S.C. 2143)). + (b) Subsection (a) shall not apply to training programs or studies +of service dogs described in section 1714 of title 38, United States +Code, or section 17.148 of title 38, Code of Federal Regulations. + Sec. 248. None of the funds made available by this Act may be used +by the Secretary of Veterans Affairs to close the community based +outpatient clinic located in Bainbridge, New York, until the Secretary +of Veterans Affairs submits to the Committees on Appropriations of the +House of Representatives and the Senate a market area assessment. + Sec. 249. (a) Not later than 180 days after the date of the +enactment of this Act, and not less frequently than once every five- +year period thereafter, the Secretary of Veterans Affairs shall update +the handbook of the Department of Veterans Affairs titled ``Planning +and Activating Community Based Outpatient Clinics'', or a successor +handbook, to reflect current policies, best practices, and clarify the +roles and responsibilities of the personnel of the Department involved +in the leasing projects of the Department. + (b) The Secretary shall ensure that the handbook specified in +subsection (a) defines ``community based outpatient clinic'' in the +same manner as such term is defined in the Veterans Health +Administration Site Tracking database (commonly known as ``VAST'') as +of the date of the enactment of this Act. + (c) The Secretary shall ensure that the Veterans Health +Administration incorporates the best practices contained in the +handbook specified in subsection (a) in conducting oversight of the +medical centers of the Department of Veterans Affairs and the Veterans +Integrated Service Network. + (d) Not later than 180 days after the date of the enactment of this +Act, the Secretary shall provide guidance and training to employees of +the Veterans Health Administration for the use of the handbook +specified in subsection (a). The Secretary shall update such guidance +and training together with each update of such handbook. + + (rescission of funds) + + Sec. 250. Of the funds made available for fiscal year 2019 under +the heading ``Department of Veterans Affairs--Departmental +Administration--Veterans Electronic Health Record'' in title II of +division C of the Energy and Water, Legislative Branch, and Military +Construction and Veterans Affairs Appropriations Act, 2019 (Public Law +115-244), $70,000,000 is hereby rescinded. + Sec. 251. Section 252 of the Military Construction, Veterans +Affairs, and Related Agencies Appropriations Act, 2018 (division J of +Public Law 115-141; 132 Stat. 825; 38 U.S.C. 1701 note) is amended by +striking ``The Secretary may carry out a 2-year pilot program'' and +inserting ``During the period preceding October 1, 2022, the Secretary +of Veterans Affairs may carry out a 2-year pilot program''. + + TITLE III + + RELATED AGENCIES + + American Battle Monuments Commission + + salaries and expenses + + For necessary expenses, not otherwise provided for, of the American +Battle Monuments Commission, including the acquisition of land or +interest in land in foreign countries; purchases and repair of uniforms +for caretakers of national cemeteries and monuments outside of the +United States and its territories and possessions; rent of office and +garage space in foreign countries; purchase (one-for-one replacement +basis only) and hire of passenger motor vehicles; not to exceed $15,000 +for official reception and representation expenses; and insurance of +official motor vehicles in foreign countries, when required by law of +such countries, $104,000,000, to remain available until expended. + + foreign currency fluctuations account + + For necessary expenses, not otherwise provided for, of the American +Battle Monuments Commission, such sums as may be necessary, to remain +available until expended, for purposes authorized by section 2109 of +title 36, United States Code. + + United States Court of Appeals for Veterans Claims + + salaries and expenses + + For necessary expenses for the operation of the United States Court +of Appeals for Veterans Claims as authorized by sections 7251 through +7298 of title 38, United States Code, $35,400,000: Provided, That +$2,698,997 shall be available for the purpose of providing financial +assistance as described and in accordance with the process and +reporting procedures set forth under this heading in Public Law 102- +229. + + Department of Defense--Civil + + Cemeterial Expenses, Army + + salaries and expenses + + For necessary expenses for maintenance, operation, and improvement +of Arlington National Cemetery and Soldiers' and Airmen's Home National +Cemetery, including the purchase or lease of passenger motor vehicles +for replacement on a one-for-one basis only, and not to exceed $2,000 +for official reception and representation expenses, $80,800,000, of +which not to exceed $15,000,000 shall remain available until September +30, 2022. In addition, such sums as may be necessary for parking +maintenance, repairs and replacement, to be derived from the ``Lease of +Department of Defense Real Property for Defense Agencies'' account. + + construction + + For necessary expenses for planning and design and construction at +Arlington National Cemetery and Soldiers' and Airmen's Home National +Cemetery, $131,000,000, to remain available until expended, for +planning and design and construction associated with the Southern +Expansion project at Arlington National Cemetery. + + armed forces retirement home trust fund + + For expenses necessary for the Armed Forces Retirement Home to +operate and maintain the Armed Forces Retirement Home--Washington, +District of Columbia, and the Armed Forces Retirement Home--Gulfport, +Mississippi, to be paid from funds available in the Armed Forces +Retirement Home Trust Fund, $70,300,000, of which $5,000,000 shall +remain available until expended for construction and renovation of the +physical plants at the Armed Forces Retirement Home--Washington, +District of Columbia, and the Armed Forces Retirement Home--Gulfport, +Mississippi: Provided, That of the amounts made available under this +heading from funds available in the Armed Forces Retirement Home Trust +Fund, $22,000,000 shall be paid from the general fund of the Treasury +to the Trust Fund. + + Administrative Provision + + Sec. 301. Amounts deposited into the special account established +under 10 U.S.C. 4727 are appropriated and shall be available until +expended to support activities at the Army National Military +Cemeteries. + + TITLE IV + + OVERSEAS CONTINGENCY OPERATIONS + + DEPARTMENT OF DEFENSE + + Military Construction, Army + + For an additional amount for ``Military Construction, Army'', +$156,860,000, to remain available until September 30, 2024, for +projects outside of the United States: Provided, That such amount is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985, as amended. + + Military Construction, Navy and Marine Corps + + For an additional amount for ``Military Construction, Navy and +Marine Corps'', $281,576,000, to remain available until September 30, +2024, for projects outside of the United States: Provided, That such +amount is designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) +of the Balanced Budget and Emergency Deficit Control Act of 1985, as +amended. + + Military Construction, Air Force + + For an additional amount for ``Military Construction, Air Force'' +$436,564,000, to remain available until September 30, 2024, for +projects outside of the United States: Provided, That such amount is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985, as amended. + + Military Construction, Defense-Wide + + For an additional amount for ``Military Construction, Defense- +Wide'', $46,000,000, to remain available until September 30, 2024, for +projects outside of the United States: Provided, That such amount is +designated by the Congress for Overseas Contingency Operations/Global +War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced +Budget and Emergency Deficit Control Act of 1985, as amended. + + Administrative Provision + + Sec. 401. Each amount designated in this Act by the Congress for +Overseas Contingency Operations/Global War on Terrorism pursuant to +section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit +Control Act of 1985 shall be available only if the President +subsequently so designates all such amounts and transmits such +designations to the Congress. + + TITLE V + + NATURAL DISASTER RELIEF + + DEPARTMENT OF DEFENSE + + Military Construction, Navy and Marine Corps + + For an additional amount for ``Military Construction, Navy and +Marine Corps'', $1,210,948,000: Provided, That such amounts may be +obligated and expended to carry out planning and design and military +construction projects authorized by law: Provided further, That such +amounts are designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985, as amended. + + Military Construction, Air Force + + For an additional amount for ``Military Construction, Air Force'', +$1,035,752,000: Provided, That such amounts may be obligated and +expended to carry out planning and design and military construction +projects authorized by law: Provided further, That such amounts are +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985, as amended. + + Military Construction, Army National Guard + + For an additional amount for ``Military Construction, Army National +Guard'', $50,000,000: Provided, That such amounts may be obligated and +expended to carry out planning and design and military construction +projects authorized by law: Provided further, That such amounts are +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985, as amended. + + Military Construction, Army Reserve + + For an additional amount for ``Military Construction, Army +Reserve'', $3,300,000: Provided, That such amounts may be obligated and +expended to carry out planning and design and military construction +projects authorized by law: Provided further, That such amounts are +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985, as amended. + + Administrative Provision + + Sec. 501. Each amount designated in this title as being for an +emergency requirement as pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985 shall be +available only if the President subsequently so designates all such +amounts and transmits such amounts and transmits such designations to +the Congress: Provided, That none of the funds shall be available for +obligation until the Committees on Appropriations of the House of +Representatives and the Senate receive a master plan for the +installations and a form 1391 for each specific project: Provided +further, That not later than 60 days after enactment of this Act, the +Service Secretaries or their designee, shall submit to the Committees +on Appropriations of the House of Representatives and the Senate a +detailed expenditure plan for funds provided under this heading. + + TITLE VI + + GENERAL PROVISIONS + + Sec. 601. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 602. None of the funds made available in this Act may be used +for any program, project, or activity, when it is made known to the +Federal entity or official to which the funds are made available that +the program, project, or activity is not in compliance with any Federal +law relating to risk assessment, the protection of private property +rights, or unfunded mandates. + Sec. 603. All departments and agencies funded under this Act are +encouraged, within the limits of the existing statutory authorities and +funding, to expand their use of ``E-Commerce'' technologies and +procedures in the conduct of their business practices and public +service activities. + Sec. 604. Unless stated otherwise, all reports and notifications +required by this Act shall be submitted to the Subcommittee on Military +Construction and Veterans Affairs, and Related Agencies of the +Committee on Appropriations of the House of Representatives and the +Subcommittee on Military Construction and Veterans Affairs, and Related +Agencies of the Committee on Appropriations of the Senate. + Sec. 605. None of the funds made available in this Act may be +transferred to any department, agency, or instrumentality of the United +States Government except pursuant to a transfer made by, or transfer +authority provided in, this or any other appropriations Act. + Sec. 606. None of the funds made available in this Act may be used +for a project or program named for an individual serving as a Member, +Delegate, or Resident Commissioner of the United States House of +Representatives. + Sec. 607. (a) Any agency receiving funds made available in this +Act, shall, subject to subsections (b) and (c), post on the public Web +site of that agency any report required to be submitted by the Congress +in this or any other Act, upon the determination by the head of the +agency that it shall serve the national interest. + (b) Subsection (a) shall not apply to a report if-- + (1) the public posting of the report compromises national + security; or + (2) the report contains confidential or proprietary + information. + (c) The head of the agency posting such report shall do so only +after such report has been made available to the requesting Committee +or Committees of Congress for no less than 45 days. + Sec. 608. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + Sec. 609. None of the funds made available in this Act may be used +by an agency of the executive branch to pay for first-class travel by +an employee of the agency in contravention of sections 301-10.122 +through 301-10.124 of title 41, Code of Federal Regulations. + Sec. 610. None of the funds made available in this Act may be used +to execute a contract for goods or services, including construction +services, where the contractor has not complied with Executive Order +No. 12989. + Sec. 611. None of the funds made available by this Act may be used +by the Department of Defense or the Department of Veterans Affairs to +lease or purchase new light duty vehicles for any executive fleet, or +for an agency's fleet inventory, except in accordance with Presidential +Memorandum--Federal Fleet Performance, dated May 24, 2011. + Sec. 612. Notwithstanding any other provision of law, none of the +funds appropriated in this or any other Act for a military construction +project, as defined by section 2801 of title 10, United States Code, +for any of fiscal years 2015 through 2019 or for fiscal year 2020 may +be obligated, expended, or used to design, construct, or carry out a +project to construct a wall, barrier, fence, or road along the Southern +border of the United States or a road to provide access to a wall, +barrier, or fence constructed along the Southern border of the United +States. + + additional requirements for child care providers + + Sec. 613. (a) Subject to subsection (b), none of the funds +appropriated by this bill may be provided to a child care center, child +care agency, or child care provider that employs an individual who has +been convicted of-- + (1) A sex offense; + (2) An offense involving a child victim; or + (3) A violent crime involving any of the following: + (A) Elder abuse. + (B) Gun Violence. + (C) Domestic Violence. + (D) Terrorism. + (b) Payment may be made under this section to a child care center, +child care agency, or child care provider if such child care center, +child care agency, or child care provider has suspended the individual +described in subsection (a) from having any contact with children while +on the job until the case is resolved. + Sec. 614. None of the funds made available by this Act may be used +to replace or diminish the quality of care provided by the TRICARE +program (as defined in Section 1072 of Title 10 of the United States +Code). + Sec. 615. Except as expressly provided otherwise, any reference to +``this Act'' contained in this division shall be treated as referring +only to the provisions of this division. + Sec. 616. Any reference to a ``report accompanying this Act'' +contained in this division shall be treated as a reference to House +Report 116-63. The effect of such Report shall be limited to this +division and shall apply for purposes of determining the allocation of +funds provided by, and the implementation of, this division. + Sec. 617. None of the funds made available by this Act may be used +to carry out a new or additional Base Realignment and Closure (BRAC) +Round. + Sec. 618. None of the funds made available by this Act may be used +in contravention of section 101(e)(8) of title 10, United States Code. + Sec. 619. None of the funds made available by this Act may be used +in contravention of Executive Order No. 13858. + This Act may be cited as the ``Military Construction, Veterans +Affairs, and Related Agencies Appropriations Act, 2020''. + +DIVISION E--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED + AGENCIES APPROPRIATIONS ACT, 2020 + + The following sums are appropriated, out of any money in the +Treasury not otherwise appropriated, for the Departments of +Transportation, and Housing and Urban Development, and related agencies +for the fiscal year ending September 30, 2020, and for other purposes, +namely: + + TITLE I + + DEPARTMENT OF TRANSPORTATION + + Office of the Secretary + + salaries and expenses + + For necessary expenses of the Office of the Secretary, $113,910,000 +(reduced by $5,000,000) (increased by $5,000,000) (increased by $1) +(reduced by $1) (reduced by $2,000,000) (reduced by $1,000,000) +(reduced by $10,000,000) (reduced by $1,000,000) (reduced by +$1,000,000) (reduced by $12,000,000), of which not to exceed $3,065,000 +shall be available for the immediate Office of the Secretary; not to +exceed $1,000,000 shall be available for the immediate Office of the +Deputy Secretary; not to exceed $20,428,000 (increased by $1,000,000) +(reduced by $1,000,000) shall be available for the Office of the +General Counsel; not to exceed $10,331,000 shall be available for the +Office of the Under Secretary of Transportation for Policy; not to +exceed $14,300,000 shall be available for the Office of the Assistant +Secretary for Budget and Programs; not to exceed $2,546,000 shall be +available for the Office of the Assistant Secretary for Governmental +Affairs; not to exceed $29,244,000 shall be available for the Office of +the Assistant Secretary for Administration; not to exceed $2,142,000 +shall be available for the Office of Public Affairs; not to exceed +$1,859,000 shall be available for the Office of the Executive +Secretariat; not to exceed $12,181,000 shall be available for the +Office of Intelligence, Security, and Emergency Response; and not to +exceed $16,814,000 shall be available for the Office of the Chief +Information Officer: Provided, That the Secretary of Transportation is +authorized to transfer funds appropriated for any office of the Office +of the Secretary to any other office of the Office of the Secretary: +Provided further, That no appropriation for any office shall be +increased or decreased by more than 7 percent by all such transfers: +Provided further, That notice of any change in funding greater than 7 +percent shall be submitted for approval to the House and Senate +Committees on Appropriations: Provided further, That not to exceed +$60,000 shall be for allocation within the Department for official +reception and representation expenses as the Secretary may determine: +Provided further, That notwithstanding any other provision of law, +excluding fees authorized in Public Law 107-71, there may be credited +to this appropriation up to $2,500,000 in funds received in user fees: +Provided further, That none of the funds provided in this Act shall be +available for the position of Assistant Secretary for Public Affairs. + + research and technology + + For necessary expenses related to the Office of the Assistant +Secretary for Research and Technology, $42,948,000 (reduced by +$2,000,000) (increased by $2,000,000) (reduced by $800,000) (reduced by +$2,000,000), of which $21,166,000 shall remain available until +September 30, 2022, and of which $15,000,000, to remain available until +expended, is for new competitive grants under section 5505 of title 49, +United States Code, for Tier I University Transportation Centers: +Provided, That such amounts are in addition to amounts previously +provided for such program: Provided further, That section +5505(c)(4)(A) of title 49, United States Code, shall not apply to +amounts for additional Tier I University Transportation Centers +provided under this heading: Provided further, That there may be +credited to this appropriation, to be available until expended, funds +received from States, counties, municipalities, other public +authorities, and private sources for expenses incurred for training: +Provided further, That any reference in law, regulation, judicial +proceedings, or elsewhere to the Research and Innovative Technology +Administration shall continue to be deemed to be a reference to the +Office of the Assistant Secretary for Research and Technology of the +Department of Transportation. + + national infrastructure investments + + For capital investments in surface transportation infrastructure, +$1,000,000,000 (reduced by $10,000,000) (increased by $10,000,000) +(reduced by $1) (increased by $1) (reduced by $1,000,000) (increased by +$1,000,000), to remain available through September 30, 2022: Provided, +That the Secretary of Transportation shall distribute funds provided +under this heading as discretionary grants to be awarded to a State, +local government, transit agency, port authority, or a collaboration +among such entities on a competitive basis for projects that will have +a significant local or regional impact: Provided further, That +projects eligible for funding provided under this heading shall +include, but not be limited to, highway or bridge projects eligible +under title 23, United States Code; public transportation projects +eligible under chapter 53 of title 49, United States Code; passenger +and freight rail transportation projects; and port infrastructure +investments (including inland port infrastructure and land ports of +entry): Provided further, That of the amount made available under this +heading, the Secretary shall use $15,000,000 (increased by $5,000,000) +for the planning, preparation or design of projects eligible for +funding under this heading, with an emphasis on transit, transit +oriented development, and multimodal projects: Provided further, That +of the amount made available under this heading, the Secretary shall +use $20,000,000 (increased by $5,000,000) (reduced by $5,000,000) for +the planning, preparation or design of projects eligible for funding +under this heading located in areas of persistent poverty: Provided +further, That the term persistent poverty means any county that has had +20 percent or more of its population living in poverty over the past 30 +years, as measured by the 1990 and 2000 decennial census and the most +recent Small Area Income and Poverty Estimates, or any census tract +with a poverty rate of at least 20 percent as measured by the 2013-2017 +five-year data series available from the American Community Survey of +the Census Bureau, or any territory or possession of the United States: + Provided further, That grants awarded under the previous three +provisos shall not be subject to a minimum grant size: Provided +further, That the Secretary may use up to 20 percent of the funds made +available under this heading for the purpose of paying the subsidy and +administrative costs of projects eligible for Federal credit assistance +under chapter 6 of title 23, United States Code, or sections 501 +through 504 of the Railroad Revitalization and Regulatory Reform Act of +1976 (Public Law 94-210), as amended, if the Secretary finds that such +use of the funds would advance the purposes of this paragraph: +Provided further, That in distributing funds provided under this +heading, the Secretary shall take such measures so as to ensure an +equitable geographic distribution of funds, an equitable distribution +of funds between urban and rural areas, and the investment in a variety +of transportation modes, including public transit, passenger rail, and +pedestrian improvements: Provided further, That a grant funded under +this heading shall be not less than $5,000,000 and not greater than +$50,000,000: Provided further, That not more than 15 percent of the +funds made available under this heading may be awarded to projects in a +single State: Provided further, That the Federal share of the costs +for which an expenditure is made under this heading shall be, at the +option of the recipient, up to 80 percent: Provided further, That the +Secretary shall give priority to projects that require a contribution +of Federal funds in order to complete an overall financing package: +Provided further, That of the funds awarded under this heading not more +than 50 percent shall be for projects located in a rural area with a +population equal to or less than 200,000: Provided further, That for +projects located in a rural area, the minimum grant size shall be +$1,000,000 and the Secretary may increase the Federal share of costs +above 80 percent: Provided further, That of the funds awarded under +this heading not more than 50 percent shall be for projects located in +an urbanized area with a population of more than 200,000: Provided +further, That funds for an urbanized area under the previous proviso +may be obligated to projects in the metropolitan area established under +section 134 of title 23, United States Code, that encompasses such +urbanized area: Provided further, That the Secretary shall consider +the benefits of a project on urban and rural areas to the fullest +extent to include all relevant geographic areas: Provided further, +That projects conducted using funds provided under this heading must +comply with the requirements of subchapter IV of chapter 31 of title +40, United States Code: Provided further, That the Secretary shall +conduct a new competition to select the grants and credit assistance +awarded under this heading: Provided further, That the Secretary may +retain up to $25,000,000 of the funds provided under this heading, and +may transfer portions of those funds to the Administrators of the +Federal Highway Administration, the Federal Transit Administration, the +Federal Railroad Administration, and the Maritime Administration to +fund the award and oversight of grants and credit assistance made under +the National Infrastructure Investments program: Provided further, +That the Secretary shall consider and award projects based solely on +the selection criteria from the fiscal year 2017 Notice of Funding +Opportunity: Provided further, That, notwithstanding the previous +proviso, the Secretary shall not use the Federal share or an +applicant's ability to generate non-Federal revenue as a selection +criteria in awarding projects: Provided further, That the Secretary +shall issue the Notice of Funding Opportunity no later than 60 days +after enactment of this Act: Provided further, That such Notice of +Funding Opportunity shall require application submissions 90 days after +the publishing of such Notice: Provided further, That of the +applications submitted under the previous two provisos, the Secretary +shall make grants no later than 270 days after enactment of this Act in +such amounts that the Secretary determines: Provided further, That +such sums provided for national infrastructure investments for +multimodal safety projects under title VIII of division F of the +Consolidated and Further Continuing Appropriations Act, 2013 (Public +Law 113-6; 127 Stat. 432) shall remain available through fiscal year +2024 for the liquidation of valid obligations of active grants awarded +with this funding: Provided further, That the preceding proviso shall +be applied as if it were in effect on September 30, 2019. + + national surface transportation and innovative finance bureau + + For necessary expenses of the National Surface Transportation and +Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000 +(increased by $1,000,000), to remain available until expended: +Provided, That the Secretary shall notify the House and Senate +Committees on Appropriations no less than 15 days prior to exercising +the transfer authority granted under section 116(h) of title 49, United +States Code. + + financial management capital + + For necessary expenses for upgrading and enhancing the Department +of Transportation's financial systems and re-engineering business +processes, $2,000,000, to remain available through September 30, 2021. + + cyber security initiatives + + For necessary expenses for cyber security initiatives, including +necessary upgrades to wide area network and information technology +infrastructure, improvement of network perimeter controls and identity +management, testing and assessment of information technology against +business, security, and other requirements, implementation of Federal +cyber security initiatives and information infrastructure enhancements, +and implementation of enhanced security controls on network devices, +$15,000,000, to remain available through September 30, 2021. + + office of civil rights + + For necessary expenses of the Office of Civil Rights, $9,470,000. + + transportation planning, research, and development + + For necessary expenses for conducting transportation planning, +research, systems development, development activities, and making +grants, $15,879,000 (reduced by $1,000,000) (increased by $1,000,000), +to remain available until expended: Provided, That of such amount, +$1,000,000 shall be for necessary expenses of the Interagency +Infrastructure Permitting Improvement Center (IIPIC): Provided +further, That there may be transferred to this appropriation, to remain +available until expended, amounts transferred from other Federal +agencies for expenses incurred under this heading for IIPIC activities +not related to transportation infrastructure: Provided further, That +the tools and analysis developed by the IIPIC shall be available to +other Federal agencies for the permitting and review of major +infrastructure projects not related to transportation only to the +extent that other Federal agencies provide funding to the Department as +provided for under the previous proviso. + + working capital fund + + For necessary expenses for operating costs and capital outlays of +the Working Capital Fund, not to exceed $424,901,000, shall be paid +from appropriations made available to the Department of Transportation: + Provided, That such services shall be provided on a competitive basis +to entities within the Department of Transportation: Provided further, +That the above limitation on operating expenses shall not apply to non- +DOT entities: Provided further, That no funds appropriated in this Act +to an agency of the Department shall be transferred to the Working +Capital Fund without majority approval of the Working Capital Fund +Steering Committee and approval of the Secretary: Provided further, +That no assessments may be levied against any program, budget activity, +subactivity or project funded by this Act unless notice of such +assessments and the basis therefor are presented to the House and +Senate Committees on Appropriations and are approved by such +Committees. + + small and disadvantaged business utilization and outreach + + For necessary expenses for small and disadvantaged business +utilization and outreach activities, $4,646,000, to remain available +until September 30, 2021: Provided, That notwithstanding 49 U.S.C. +332, these funds may be used for business opportunities related to any +mode of transportation: Provided further, That appropriations made +available under this heading shall be available for any purpose +consistent with prior year appropriations that were made available +under the heading ``Minority Business Resource Center Program''. + + payments to air carriers + + (airport and airway trust fund) + + In addition to funds made available from any other source to carry +out the essential air service program under 49 U.S.C. 41731 through +41742, $175,000,000, to be derived from the Airport and Airway Trust +Fund, to remain available until expended: Provided, That in +determining between or among carriers competing to provide service to a +community, the Secretary may consider the relative subsidy requirements +of the carriers: Provided further, That basic essential air service +minimum requirements shall not include the 15-passenger capacity +requirement under subsection 41732(b)(3) of title 49, United States +Code: Provided further, That none of the funds in this Act or any +other Act shall be used to enter into a new contract with a community +located less than 40 miles from the nearest small hub airport before +the Secretary has negotiated with the community over a local cost +share: Provided further, That amounts authorized to be distributed for +the essential air service program under subsection 41742(b) of title +49, United States Code, shall be made available immediately from +amounts otherwise provided to the Administrator of the Federal Aviation +Administration: Provided further, That the Administrator may reimburse +such amounts from fees credited to the account established under +section 45303 of title 49, United States Code. + + administrative provisions--office of the secretary of transportation + + Sec. 101. None of the funds made available in this Act to the +Department of Transportation may be obligated for the Office of the +Secretary of Transportation to approve assessments or reimbursable +agreements pertaining to funds appropriated to the modal +administrations in this Act, except for activities underway on the date +of enactment of this Act, unless such assessments or agreements have +completed the normal reprogramming process for Congressional +notification. + Sec. 102. The Secretary shall post on the Web site of the +Department of Transportation a schedule of all meetings of the Council +on Credit and Finance, including the agenda for each meeting, and +require the Council on Credit and Finance to record the decisions and +actions of each meeting. + Sec. 103. In addition to authority provided by section 327 of +title 49, United States Code, the Department's Working Capital Fund is +hereby authorized to provide partial or full payments in advance and +accept subsequent reimbursements from all Federal agencies from +available funds for transit benefit distribution services that are +necessary to carry out the Federal transit pass transportation fringe +benefit program under Executive Order No. 13150 and section 3049 of +Public Law 109-59: Provided, That the Department shall maintain a +reasonable operating reserve in the Working Capital Fund, to be +expended in advance to provide uninterrupted transit benefits to +Government employees: Provided further, That such reserve will not +exceed one month of benefits payable and may be used only for the +purpose of providing for the continuation of transit benefits: +Provided further, That the Working Capital Fund will be fully +reimbursed by each customer agency from available funds for the actual +cost of the transit benefit. + Sec. 104. For an additional amount for ``Office of the Secretary-- +Salaries and Expenses'', $2,052,000, to become available on the date on +which the Secretary announces the selection of projects to receive +awards for each of the following competitive grants, with respect to +funds made available for fiscal year 2017 or fiscal year 2018 for such +grants: + (1) Federal-State Partnership for State of Good Repair + Grants, as authorized by section 24911 of title 49, United + States Code, and as funded under the heading ``Federal Railroad + Administration--Federal-State Partnership for State of Good + Repair Grants'' by Public Law 115-31 and as funded under the + heading ``Federal Railroad Administration--Federal-State + Partnership for State of Good Repair'' by Public Law 115-141. + (2) Consolidated Rail Infrastructure and Safety + Improvements Grants, as authorized by section 22907 of title + 49, United States Code, and as funded under the heading + ``Federal Railroad Administration--Consolidated Rail + Infrastructure and Safety Improvements'' by Public Law 115-141. + (3) Restoration and Enhancement Grants, as authorized by + section 22908 of title 49, United States Code, and as funded + under the heading ``Federal Railroad Administration-- + Restoration and Enhancement Grants'' by Public Law 115-31 and + as funded under the heading ``Federal Railroad Administration-- + Restoration and Enhancement'' by Public Law 115-141. + Sec. 105. (a) Of the amount made available to ``Office of the +Secretary--Research and Technology'', $1,000,000 (increased by +$500,000) (reduced by $500,000) shall be for the Secretary of +Transportation to enter into an arrangement with the National Academies +of Sciences, Engineering, and Medicine to conduct a study through the +Transportation Research Board on effective ways to measure the +resilience of transportation systems and services to natural disasters, +natural hazards, and other potential disruptions. + (b) The study conducted pursuant to subsection (a) shall-- + (1) identify and examine approaches used by Federal + agencies, States, metropolitan planning organizations, local + governments, and other organizations, including approaches + described in academic literature, to develop metrics for + transportation resilience, including methodologies used for + quantitative and qualitative data collection and analysis; and + (2) provide findings and recommendations on approaches to + measuring resilience that have shown or promise success, and + strategies to overcome challenges in measuring resilience. + (c) No later than 30 days after the date of enactment of this Act, +the Secretary of Transportation shall enter into the arrangement +described in subsection (a). + (d) No later than 210 days after the date of enactment of this Act, +the National Academies of Sciences, Engineering, and Medicine shall +provide an interim report of its findings to the Committees on +Appropriations of the House of Representatives and Senate. + (e) No later than 1 year after the date of enactment of this Act, +the Secretary of Transportation shall submit to the Committees on +Appropriations of the House of Representatives and Senate the final +study developed by the National Academies of Sciences, Engineering, and +Medicine. + Sec. 106. (a) Of the amount made available to ``Office of the +Secretary--Research and Technology'', $10,000,000 shall be for the +establishment of a Highly Automated Systems Safety Center of Excellence +within the Department of Transportation, in order to have a Department +of Transportation workforce capable of reviewing, validating, and +certifying the safety of automated technologies. + (b) The Highly Automated Systems Safety Center of Excellence +shall-- + (1) serve as a single place within the Department of + Transportation for expertise in automation and human behavior, + computer science, machine learning, sensors, and other + technologies involving automated systems; + (2) support all Operating Administrations of the Department + of Transportation; and + (3) have a workforce composed of Department of + Transportation employees, including direct hires or detailees + from Operating Administrations. + (c) Employees of the Highly Automated Systems Safety Center of +Excellence shall audit, inspect, and certify highly automated systems +to ensure their safety. + (d) No later than 90 days after the date of enactment of this Act, +the Secretary shall report to the Committees on Appropriations of the +House of Representatives and the Senate on staffing needs and the +staffing plan for the Highly Automated Systems Safety Center of +Excellence. + + Federal Aviation Administration + + operations + + (airport and airway trust fund) + + For necessary expenses of the Federal Aviation Administration, not +otherwise provided for, including operations and research activities +related to commercial space transportation, administrative expenses for +research and development, establishment of air navigation facilities, +the operation (including leasing) and maintenance of aircraft, +subsidizing the cost of aeronautical charts and maps sold to the +public, the lease or purchase of passenger motor vehicles for +replacement only, $10,677,758,000 (reduced by $1) (increased by $1), to +remain available until September 30, 2021, of which $9,833,400,000 +shall be derived from the Airport and Airway Trust Fund: Provided, +That of the sums appropriated under this heading-- + (1) not less than $1,603,969,000 (increased by $7,500,000) + shall be available for aviation safety activities; + (2) not to exceed $7,841,720,000 shall be available for air + traffic organization activities; + (3) not to exceed $24,949,000 (increased by $8,089,000) + shall be available for commercial space transportation + activities; + (4) not to exceed $816,398,000 (reduced by $7,500,000) + (reduced by $8,089,000) shall be available for finance and + management activities; + (5) not to exceed $61,258,000 shall be available for + NextGen and operations planning activities; + (6) not to exceed $114,165,000 shall be available for + security and hazardous materials safety; and + (7) not to exceed $215,299,000 shall be available for staff + offices, of which $5,000,000 is for the Minority Serving + Institutions internship program, $5,000,000 is for the aviation + maintenance technician development program (as described in + section 625 of Public Law 115-254), and $5,000,000 is for the + aviation workforce development program (as described in section + 625 of Public Law 115-254): + Provided further, That not to exceed 5 percent of any budget +activity, except for aviation safety budget activity, may be +transferred to any budget activity under this heading: Provided +further, That no transfer may increase or decrease any appropriation by +more than 5 percent: Provided further, That any transfer in excess of +5 percent shall be treated as a reprogramming of funds under section +405 of this Act and shall not be available for obligation or +expenditure except in compliance with the procedures set forth in that +section: Provided further, That not later than 60 days after the +submission of the budget request, the Administrator of the Federal +Aviation Administration shall transmit to Congress an annual update to +the report submitted to Congress in December 2004 pursuant to section +221 of Public Law 108-176: Provided further, That the amount herein +appropriated shall be reduced by $100,000 for each day after the date +that is 60 days after the submission of the budget request that such +report has not been submitted to the Congress: Provided further, That +not later than 60 days after the submission of the budget request, the +Administrator shall transmit to Congress a companion report that +describes a comprehensive strategy for staffing, hiring, and training +flight standards and aircraft certification staff in a format similar +to the one utilized for the controller staffing plan, including stated +attrition estimates and numerical hiring goals by fiscal year: +Provided further, That the amount herein appropriated shall be reduced +by $100,000 per day for each day after the date that is 60 days after +the submission of the budget request that such report has not been +submitted to Congress: Provided further, That funds may be used to +enter into a grant agreement with a nonprofit standard-setting +organization to assist in the development of aviation safety standards: + Provided further, That none of the funds in this Act shall be +available for new applicants for the second career training program: +Provided further, That none of the funds in this Act shall be available +for the Federal Aviation Administration to finalize or implement any +regulation that would promulgate new aviation user fees not +specifically authorized by law after the date of the enactment of this +Act: Provided further, That there may be credited to this +appropriation, as offsetting collections, funds received from States, +counties, municipalities, foreign authorities, other public +authorities, and private sources for expenses incurred in the provision +of agency services, including receipts for the maintenance and +operation of air navigation facilities, and for issuance, renewal or +modification of certificates, including airman, aircraft, and repair +station certificates, or for tests related thereto, or for processing +major repair or alteration forms: Provided further, That of the funds +appropriated under this heading, not less than $169,000,000 shall be +used to fund direct operations of the current air traffic control +towers in the contract tower program, including the contract tower cost +share program, and any airport that is currently qualified or that will +qualify for the program during the fiscal year: Provided further, That +none of the funds in this Act for aeronautical charting and cartography +are available for activities conducted by, or coordinated through, the +Working Capital Fund: Provided further, That none of the funds +appropriated or otherwise made available by this Act or any other Act +may be used to eliminate the Contract Weather Observers program at any +airport: Provided further, That the opening, closing, reorganization, +or redesignation of field or regional offices shall be subject to the +requirements of section 405 of this Act. + + facilities and equipment + + (airport and airway trust fund) + + For necessary expenses, not otherwise provided for, for +acquisition, establishment, technical support services, improvement by +contract or purchase, and hire of national airspace systems and +experimental facilities and equipment, as authorized under part A of +subtitle VII of title 49, United States Code, including initial +acquisition of necessary sites by lease or grant; engineering and +service testing, including construction of test facilities and +acquisition of necessary sites by lease or grant; construction and +furnishing of quarters and related accommodations for officers and +employees of the Federal Aviation Administration stationed at remote +localities where such accommodations are not available; and the +purchase, lease, or transfer of aircraft from funds available under +this heading, including aircraft for aviation regulation and +certification; to be derived from the Airport and Airway Trust Fund, +$3,000,000,000 (increased by $2,000,000) (increased by $7,000,000) +(reduced by $7,000,000), of which $512,823,000 shall remain available +until September 30, 2021, $2,372,127,000 shall remain available until +September 30, 2022, and $115,050,000 shall remain available until +expended: Provided, That there may be credited to this appropriation +funds received from States, counties, municipalities, other public +authorities, and private sources, for expenses incurred in the +establishment, improvement, and modernization of national airspace +systems: Provided further, That no later than 60 days after the +submission of the budget request, the Secretary of Transportation shall +transmit to the Congress an investment plan for the Federal Aviation +Administration which includes funding for each budget line item for +fiscal years 2021 through 2025, with total funding for each year of the +plan constrained to the funding targets for those years as estimated +and approved by the Office of Management and Budget. + + research, engineering, and development + + (airport and airway trust fund) + + For necessary expenses, not otherwise provided for, for research, +engineering, and development, as authorized under part A of subtitle +VII of title 49, United States Code, including construction of +experimental facilities and acquisition of necessary sites by lease or +grant, $191,100,000 (increased by $1,500,000) (reduced by $1,500,000) +(increased by $1,000,000) (reduced by $1,000,000), to be derived from +the Airport and Airway Trust Fund and to remain available until +September 30, 2022: Provided, That there may be credited to this +appropriation as offsetting collections, funds received from States, +counties, municipalities, other public authorities, and private +sources, which shall be available for expenses incurred for research, +engineering, and development: Provided further, That funds made +available under this heading shall be used in accordance with the +report accompanying this Act: Provided further, That not to exceed 10 +percent of any funding level specified under this heading in the report +accompanying this Act may be transferred to any other funding level +specified under this heading in the report accompanying this Act: +Provided further, That no transfer may increase or decrease any funding +level by more than 10 percent: Provided further, That any transfer in +excess of 10 percent shall be treated as a reprogramming of funds under +section 405 of this Act and shall not be available for obligation or +expenditure except in compliance with the procedures set forth in that +section. + + grants-in-aid for airports + + (liquidation of contract authorization) + + (limitation on obligations) + + (airport and airway trust fund) + + (including transfer of funds) + + For liquidation of obligations incurred for grants-in-aid for +airport planning and development, and noise compatibility planning and +programs as authorized under subchapter I of chapter 471 and subchapter +I of chapter 475 of title 49, United States Code, and under other law +authorizing such obligations; for procurement, installation, and +commissioning of runway incursion prevention devices and systems at +airports of such title; for grants authorized under section 41743 of +title 49, United States Code; and for inspection activities and +administration of airport safety programs, including those related to +airport operating certificates under section 44706 of title 49, United +States Code, $3,000,000,000, to be derived from the Airport and Airway +Trust Fund and to remain available until expended: Provided, That none +of the funds under this heading shall be available for the planning or +execution of programs the obligations for which are in excess of +$3,350,000,000 (reduced by $2,000,000) (increased by $2,000,000) in +fiscal year 2020, notwithstanding section 47117(g) of title 49, United +States Code: Provided further, That none of the funds under this +heading shall be available for the replacement of baggage conveyor +systems, reconfiguration of terminal baggage areas, or other airport +improvements that are necessary to install bulk explosive detection +systems: Provided further, That notwithstanding section 47109(a) of +title 49, United States Code, the Government's share of allowable +project costs under paragraph (2) for subgrants or paragraph (3) of +that section shall be 95 percent for a project at other than a large or +medium hub airport that is a successive phase of a multi-phased +construction project for which the project sponsor received a grant in +fiscal year 2011 for the construction project: Provided further, That +notwithstanding any other provision of law, of funds limited under this +heading, not more than $112,600,000 shall be available for +administration, not less than $15,000,000 shall be available for the +Airport Cooperative Research Program, not less than $33,210,000 shall +be available for Airport Technology Research, and $10,000,000 +(increased by $5,000,000) (reduced by $5,000,000), to remain available +until expended, shall be available and transferred to ``Office of the +Secretary, Salaries and Expenses'' to carry out the Small Community Air +Service Development Program: Provided further, That in addition to +airports eligible under section 41743 of title 49, United States Code, +such program may include the participation of an airport that serves a +community or consortium that is not larger than a small hub airport, +according to FAA hub classifications effective at the time the Office +of the Secretary issues a request for proposals. + + grants-in-aid for airports + + For an additional amount for ``Grants-In-Aid for Airports'', to +enable the Secretary of Transportation to make grants for projects as +authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter +475 of title 49, United States Code, $500,000,000, to remain available +through September 30, 2022: Provided, That amounts made available +under this heading shall be derived from the general fund, and such +funds shall not be subject to apportionment formulas, special +apportionment categories, or minimum percentages under chapter 471: +Provided further, That the Secretary shall distribute funds provided +under this heading as discretionary grants to airports: Provided +further, That the amount made available under this heading shall not be +subject to any limitation on obligations for the Grants-in-Aid for +Airports program set forth in any Act: Provided further, That the +Administrator of the Federal Aviation Administration may retain up to +0.5 percent of the funds provided under this heading to fund the award +and oversight by the Administrator of grants made under this heading: +Provided further, That section 47115(j) of title 49, United States +Code, shall not apply with respect to amounts made available under this +heading: Provided further, That priority consideration shall be, +without regard to airport size, based on project justification and +completeness of pre-grant actions. + + administrative provisions--federal aviation administration + + Sec. 110. None of the funds in this Act may be used to compensate +in excess of 600 technical staff-years under the federally funded +research and development center contract between the Federal Aviation +Administration and the Center for Advanced Aviation Systems Development +during fiscal year 2020. + Sec. 111. None of the funds in this Act shall be used to pursue or +adopt guidelines or regulations requiring airport sponsors to provide +to the Federal Aviation Administration without cost building +construction, maintenance, utilities and expenses, or space in airport +sponsor-owned buildings for services relating to air traffic control, +air navigation, or weather reporting: Provided, That the prohibition +of funds in this section does not apply to negotiations between the +agency and airport sponsors to achieve agreement on ``below-market'' +rates for these items or to grant assurances that require airport +sponsors to provide land without cost to the Federal Aviation +Administration for air traffic control facilities. + Sec. 112. The Administrator of the Federal Aviation Administration +may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) +from fees credited under 49 U.S.C. 45303 and any amount remaining in +such account at the close of that fiscal year may be made available to +satisfy section 41742(a)(1) for the subsequent fiscal year. + Sec. 113. Amounts collected under section 40113(e) of title 49, +United States Code, shall be credited to the appropriation current at +the time of collection, to be merged with and available for the same +purposes of such appropriation. + Sec. 114. None of the funds in this Act shall be available for +paying premium pay under subsection 5546(a) of title 5, United States +Code, to any Federal Aviation Administration employee unless such +employee actually performed work during the time corresponding to such +premium pay. + Sec. 115. None of the funds in this Act may be obligated or +expended for an employee of the Federal Aviation Administration to +purchase a store gift card or gift certificate through use of a +Government-issued credit card. + Sec. 116. None of the funds in this Act may be obligated or +expended for retention bonuses for an employee of the Federal Aviation +Administration without the prior written approval of the Assistant +Secretary for Administration of the Department of Transportation. + Sec. 117. Notwithstanding any other provision of law, none of the +funds made available under this Act or any prior Act may be used to +implement or to continue to implement any limitation on the ability of +any owner or operator of a private aircraft to obtain, upon a request +to the Administrator of the Federal Aviation Administration, a blocking +of that owner's or operator's aircraft registration number from any +display of the Federal Aviation Administration's Aircraft Situational +Display to Industry data that is made available to the public, except +data made available to a Government agency, for the noncommercial +flights of that owner or operator. + Sec. 118. None of the funds in this Act shall be available for +salaries and expenses of more than eight political and Presidential +appointees in the Federal Aviation Administration. + Sec. 119. None of the funds made available under this Act may be +used to increase fees pursuant to section 44721 of title 49, United +States Code, until the Federal Aviation Administration provides to the +House and Senate Committees on Appropriations a report that justifies +all fees related to aeronautical navigation products and explains how +such fees are consistent with Executive Order No. 13642. + Sec. 119A. None of the funds in this Act may be used to close a +regional operations center of the Federal Aviation Administration or +reduce its services unless the Administrator notifies the House and +Senate Committees on Appropriations not less than 90 full business days +in advance. + Sec. 119B. None of the funds appropriated or limited by this Act +may be used to change weight restrictions or prior permission rules at +Teterboro airport in Teterboro, New Jersey. + Sec. 119C. None of the funds provided under this Act may be used +by the Administrator of the Federal Aviation Administration to withhold +from consideration and approval any new application for participation +in the Contract Tower Program, or for reevaluation of Cost-share +Program participants as long as the Federal Aviation Administration has +received an application from the airport, and as long as the +Administrator determines such tower is eligible. + Sec. 119D. Of the funds provided under the heading ``Grants-in-aid +for Airports'', up to $3,500,000 may be for necessary expenses, +including an independent verification regime, to provide reimbursement +to airport sponsors that do not provide gateway operations and +providers of general aviation ground support services located at those +airports closed during a temporary flight restriction (TFR) for any +residence of the President that is designated or identified to be +secured by the United States Secret Service, and for direct and +incremental financial losses incurred while such airports are closed +solely due to the actions of the Federal Government: Provided, That no +funds shall be obligated or distributed to airport sponsors that do not +provide gateway operations and providers of general aviation ground +support services until an independent audit is completed: Provided +further, That losses incurred as a result of violations of law, or +through fault or negligence, of such operators and service providers or +of third parties (including airports) are not eligible for +reimbursements: Provided further, That obligation and expenditure of +funds are conditional upon full release of the United States Government +for all claims for financial losses resulting from such actions. + + Federal Highway Administration + + limitation on administrative expenses + + (highway trust fund) + + (including transfer of funds) + + Not to exceed $453,549,689, together with advances and +reimbursements received by the Federal Highway Administration, shall be +obligated for necessary expenses for administration and operation of +the Federal Highway Administration. In addition, $3,248,000 shall be +transferred to the Appalachian Regional Commission in accordance with +section 104(a) of title 23, United States Code. + + federal-aid highways + + (limitation on obligations) + + (highway trust fund) + + Funds available for the implementation or execution of Federal-aid +highway and highway safety construction programs authorized under +titles 23 and 49, United States Code, and the provisions of the Fixing +America's Surface Transportation (FAST) Act (Public Law 114-94) shall +not exceed total obligations of $46,365,092,000 for fiscal year 2020: +Provided, That the Secretary may collect and spend fees, as authorized +by title 23, United States Code, to cover the costs of services of +expert firms, including counsel, in the field of municipal and project +finance to assist in the underwriting and servicing of Federal credit +instruments and all or a portion of the costs to the Federal Government +of servicing such credit instruments: Provided further, That such fees +are available until expended to pay for such costs: Provided further, +That such amounts are in addition to administrative expenses that are +also available for such purpose, and are not subject to any obligation +limitation or the limitation on administrative expenses under section +608 of title 23, United States Code. + + (liquidation of contract authorization) + + (highway trust fund) + + For the payment of obligations incurred in carrying out Federal-aid +highway and highway safety construction programs authorized under title +23, United States Code, $47,104,092,000 derived from the Highway Trust +Fund (other than the Mass Transit Account), to remain available until +expended. + + highway infrastructure programs + + There is hereby appropriated to the Secretary of Transportation +$1,750,000,000 (increased by $10,000,000) (increased by $12,000,000): +Provided, That the amounts made available under this heading shall be +derived from the general fund, shall be in addition to any funds +provided for fiscal year 2020 in this or any other Act for ``Federal- +aid Highways'' under chapter 1 of title 23, United States Code, and +shall not affect the distribution or amount of funds provided in any +other Act: Provided further, That of the sums made available under +this heading-- + (1) $1,493,100,000 (increased by $10,000,000) (increased by + $12,000,000) shall be for activities eligible under section + 133(b) of title 23, United States Code, for the elimination of + hazards and the installation of protective devices at railway- + highway crossings, and to provide necessary charging + infrastructure along corridor ready or corridor pending + alternative fuel corridors as defined under 23 U.S.C. 151; + (2) $5,451,000 shall be for activities eligible under the + Puerto Rico Highway Program as described in section + 165(b)(2)(C) of title 23, United States Code; + (3) $1,449,000 shall be for activities eligible under the + Territorial Highway Program, as described in section 165(c)(6) + of title 23, United States Code; + (4) $166,000,000 shall be for the nationally significant + Federal lands and tribal projects program under section 1123 of + the FAST Act; + (5) $50,000,000 shall be for competitive grants for + activities described in section 130(a) of title 23, United + States Code; + (6) $15,000,000 shall be for grants for Advanced Digital + Construction Management Systems; + (7) $12,000,0000 shall be for the Regional Infrastructure + Accelerator Demonstration Program authorized under section 1441 + of the FAST Act; + (8) $5,000,000 shall be for a National Road Network Pilot + Program for the Federal Highway Administration to create a + national level, geo-spatial dataset that uses data already + collected under the Highway Performance Monitoring System; and + (9) $2,000,000 shall be for research that leads to + decreases in highway and pedestrian fatalities among Tribal + populations: + Provided further, That the funds made available under this heading +for activities eligible under section 133(b) of title 23, United States +Code, for the elimination of hazards and the installation of protective +devices at railway-highway crossings, and to provide charging +infrastructure for alternative fuel corridors, shall be suballocated in +the manner described in section 133(d) of such title, except that the +set-aside described in section 133(h) of title 23, United States Code +shall not apply to funds made available under this heading: Provided +further, That the funds made available under this heading in paragraph +(1), shall be administered as if apportioned under chapter 1 of such +title and shall remain available through September 30, 2023: Provided +further, That the funds made available under this heading in paragraph +(1), shall be apportioned to the States in the same ratio as the +obligation limitation for fiscal year 2020 is distributed among the +States in section 120(a)(5) of this Act: Provided further, That, +except as provided in the following proviso, the funds made available +under this heading for activities eligible under the Puerto Rico +Highway Program and activities eligible under the Territorial Highway +Program shall be administered as if allocated under sections 165(b) and +165(c), respectively, of such title and shall remain available through +September 30, 2023: Provided further, That the funds made available +under this heading for activities eligible under the Puerto Rico +Highway Program shall not be subject to the requirements of sections +165(b)(2)(A) or 165(b)(2)(B) of such title: Provided further, That the +funds made available under this heading for the nationally significant +Federal lands and tribal projects program under section 1123 of the +FAST Act shall remain available through September 30, 2023: Provided +further, That the funds made available under this heading in paragraph +(5) for the elimination of hazards and the installation of protective +devices at railway-highway crossings shall be available for projects +eligible under section 22907(c) of title 49, United States Code, for +commuter authorities, as defined in section 24102(2) of title 49, +United States Code, that experienced at least one accident investigated +by the National Transportation Safety Board between January 1, 2008 and +December 31, 2018: Provided further, That amounts provided under this +heading in paragraphs (5), (6), (7), (8), and (9) shall remain +available until expended: Provided further, That funds made available +under this heading for Advanced Digital Construction Management Systems +shall be for competitive grants to State and local governments to +develop and expand the capacity to use and deploy Advanced Digital +Construction Management Systems and the minimum grant amount shall be +$500,000. + + administrative provisions--federal highway administration + + Sec. 120. (a) For fiscal year 2020, the Secretary of Transportation +shall-- + (1) not distribute from the obligation limitation for + Federal-aid highways-- + (A) amounts authorized for administrative expenses + and programs by section 104(a) of title 23, United + States Code; and + (B) amounts authorized for the Bureau of + Transportation Statistics; + (2) not distribute an amount from the obligation limitation + for Federal-aid highways that is equal to the unobligated + balance of amounts-- + (A) made available from the Highway Trust Fund + (other than the Mass Transit Account) for Federal-aid + highway and highway safety construction programs for + previous fiscal years the funds for which are allocated + by the Secretary (or apportioned by the Secretary under + sections 202 or 204 of title 23, United States Code); + and + (B) for which obligation limitation was provided in + a previous fiscal year; + (3) determine the proportion that-- + (A) the obligation limitation for Federal-aid + highways, less the aggregate of amounts not distributed + under paragraphs (1) and (2) of this subsection; bears + to + (B) the total of the sums authorized to be + appropriated for the Federal-aid highway and highway + safety construction programs (other than sums + authorized to be appropriated for provisions of law + described in paragraphs (1) through (11) of subsection + (b) and sums authorized to be appropriated for section + 119 of title 23, United States Code, equal to the + amount referred to in subsection (b)(12) for such + fiscal year), less the aggregate of the amounts not + distributed under paragraphs (1) and (2) of this + subsection; + (4) distribute the obligation limitation for Federal-aid + highways, less the aggregate amounts not distributed under + paragraphs (1) and (2), for each of the programs (other than + programs to which paragraph (1) applies) that are allocated by + the Secretary under the Fixing America's Surface Transportation + Act and title 23, United States Code, or apportioned by the + Secretary under sections 202 or 204 of that title, by + multiplying-- + (A) the proportion determined under paragraph (3); + by + (B) the amounts authorized to be appropriated for + each such program for such fiscal year; and + (5) distribute the obligation limitation for Federal-aid + highways, less the aggregate amounts not distributed under + paragraphs (1) and (2) and the amounts distributed under + paragraph (4), for Federal-aid highway and highway safety + construction programs that are apportioned by the Secretary + under title 23, United States Code (other than the amounts + apportioned for the National Highway Performance Program in + section 119 of title 23, United States Code, that are exempt + from the limitation under subsection (b)(12) and the amounts + apportioned under sections 202 and 204 of that title) in the + proportion that-- + (A) amounts authorized to be appropriated for the + programs that are apportioned under title 23, United + States Code, to each State for such fiscal year; bears + to + (B) the total of the amounts authorized to be + appropriated for the programs that are apportioned + under title 23, United States Code, to all States for + such fiscal year. + (b) Exceptions From Obligation Limitation.--The obligation +limitation for Federal-aid highways shall not apply to obligations +under or for-- + (1) section 125 of title 23, United States Code; + (2) section 147 of the Surface Transportation Assistance + Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); + (3) section 9 of the Federal-Aid Highway Act of 1981 (95 + Stat. 1701); + (4) subsections (b) and (j) of section 131 of the Surface + Transportation Assistance Act of 1982 (96 Stat. 2119); + (5) subsections (b) and (c) of section 149 of the Surface + Transportation and Uniform Relocation Assistance Act of 1987 + (101 Stat. 198); + (6) sections 1103 through 1108 of the Intermodal Surface + Transportation Efficiency Act of 1991 (105 Stat. 2027); + (7) section 157 of title 23, United States Code (as in + effect on June 8, 1998); + (8) section 105 of title 23, United States Code (as in + effect for fiscal years 1998 through 2004, but only in an + amount equal to $639,000,000 for each of those fiscal years); + (9) Federal-aid highway programs for which obligation + authority was made available under the Transportation Equity + Act for the 21st Century (112 Stat. 107) or subsequent Acts for + multiple years or to remain available until expended, but only + to the extent that the obligation authority has not lapsed or + been used; + (10) section 105 of title 23, United States Code (as in + effect for fiscal years 2005 through 2012, but only in an + amount equal to $639,000,000 for each of those fiscal years); + (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 + Stat. 1248), to the extent that funds obligated in accordance + with that section were not subject to a limitation on + obligations at the time at which the funds were initially made + available for obligation; and + (12) section 119 of title 23, United States Code (but, for + each of fiscal years 2013 through 2020, only in an amount equal + to $639,000,000). + (c) Redistribution of Unused Obligation Authority.--Notwithstanding +subsection (a), the Secretary shall, after August 1 of such fiscal +year-- + (1) revise a distribution of the obligation limitation made + available under subsection (a) if an amount distributed cannot + be obligated during that fiscal year; and + (2) redistribute sufficient amounts to those States able to + obligate amounts in addition to those previously distributed + during that fiscal year, giving priority to those States having + large unobligated balances of funds apportioned under sections + 144 (as in effect on the day before the date of enactment of + Public Law 112-141) and 104 of title 23, United States Code. + (d) Applicability of Obligation Limitations to Transportation +Research Programs.-- + (1) In general.--Except as provided in paragraph (2), the + obligation limitation for Federal-aid highways shall apply to + contract authority for transportation research programs carried + out under-- + (A) chapter 5 of title 23, United States Code; and + (B) title VI of the Fixing America's Surface + Transportation Act. + (2) Exception.--Obligation authority made available under + paragraph (1) shall-- + (A) remain available for a period of 4 fiscal + years; and + (B) be in addition to the amount of any limitation + imposed on obligations for Federal-aid highway and + highway safety construction programs for future fiscal + years. + (e) Redistribution of Certain Authorized Funds.-- + (1) In general.--Not later than 30 days after the date of + distribution of obligation limitation under subsection (a), the + Secretary shall distribute to the States any funds (excluding + funds authorized for the program under section 202 of title 23, + United States Code) that-- + (A) are authorized to be appropriated for such + fiscal year for Federal-aid highway programs; and + (B) the Secretary determines will not be allocated + to the States (or will not be apportioned to the States + under section 204 of title 23, United States Code), and + will not be available for obligation, for such fiscal + year because of the imposition of any obligation + limitation for such fiscal year. + (2) Ratio.--Funds shall be distributed under paragraph (1) + in the same proportion as the distribution of obligation + authority under subsection (a)(5). + (3) Availability.--Funds distributed to each State under + paragraph (1) shall be available for any purpose described in + section 133(b) of title 23, United States Code. + Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the +Bureau of Transportation Statistics from the sale of data products, for +necessary expenses incurred pursuant to chapter 63 of title 49, United +States Code, may be credited to the Federal-aid highways account for +the purpose of reimbursing the Bureau for such expenses: Provided, +That such funds shall be subject to the obligation limitation for +Federal-aid highway and highway safety construction programs. + Sec. 122. Not less than 15 days prior to waiving, under his or her +statutory authority, any Buy America requirement for Federal-aid +highways projects, the Secretary of Transportation shall make an +informal public notice and comment opportunity on the intent to issue +such waiver and the reasons therefor: Provided, That the Secretary +shall provide an annual report to the House and Senate Committees on +Appropriations on any waivers granted under the Buy America +requirements. + Sec. 123. None of the funds provided in this Act to the Department +of Transportation may be used to provide credit assistance unless not +less than 3 days before any application approval to provide credit +assistance under sections 603 and 604 of title 23, United States Code, +the Secretary of Transportation provides notification in writing to the +following committees: the House and Senate Committees on +Appropriations; the Committee on Environment and Public Works and the +Committee on Banking, Housing and Urban Affairs of the Senate; and the +Committee on Transportation and Infrastructure of the House of +Representatives: Provided, That such notification shall include, but +not be limited to, the name of the project sponsor; a description of +the project; whether credit assistance will be provided as a direct +loan, loan guarantee, or line of credit; and the amount of credit +assistance. + Sec. 124. None of the funds in this Act may be used to make a +grant for a project under section 117 of title 23, United States Code, +unless the Secretary, at least 60 days before making a grant under that +section, provides written notification to the House and Senate +Committees on Appropriations of the proposed grant, including an +evaluation and justification for the project and the amount of the +proposed grant award: Provided, That the written notification required +in the previous proviso shall be made no later than 180 days after +enactment of this Act. + Sec. 125. (a) A State or territory, as defined in section 165 of +title 23, United States Code, may use for any project eligible under +section 133(b) of title 23 or section 165 of title 23 and located +within the boundary of the State or territory any earmarked amount, and +any associated obligation limitation: Provided, That the Department of +Transportation for the State or territory for which the earmarked +amount was originally designated or directed notifies the Secretary of +Transportation of its intent to use its authority under this section +and submits a quarterly report to the Secretary identifying the +projects to which the funding would be applied. Notwithstanding the +original period of availability of funds to be obligated under this +section, such funds and associated obligation limitation shall remain +available for obligation for a period of 3 fiscal years after the +fiscal year in which the Secretary of Transportation is notified. The +Federal share of the cost of a project carried out with funds made +available under this section shall be the same as associated with the +earmark. + (b) In this section, the term ``earmarked amount'' means-- + (1) congressionally directed spending, as defined in rule + XLIV of the Standing Rules of the Senate, identified in a prior + law, report, or joint explanatory statement, which was + authorized to be appropriated or appropriated more than 10 + fiscal years prior to the current fiscal year, and administered + by the Federal Highway Administration; or + (2) a congressional earmark, as defined in rule XXI of the + Rules of the House of Representatives, identified in a prior + law, report, or joint explanatory statement, which was + authorized to be appropriated or appropriated more than 10 + fiscal years prior to the current fiscal year, and administered + by the Federal Highway Administration. + (c) The authority under subsection (a) may be exercised only for +those projects or activities that have obligated less than 10 percent +of the amount made available for obligation as of October 1 of the +current fiscal year, and shall be applied to projects within the same +general geographic area within 5 miles for which the funding was +designated, except that a State or territory may apply such authority +to unexpended balances of funds from projects or activities the State +or territory certifies have been closed and for which payments have +been made under a final voucher. + (d) The Secretary shall submit consolidated reports of the +information provided by the States and territories each quarter to the +House and Senate Committees on Appropriations. + Sec. 126. The following are repealed: + (1) Section 352 of the National Highway System Designation + Act of 1995 (Public Law 104-59, 109 Stat. 568). + (2) Section 324 of the Department of Transportation and + Related Agencies Appropriations Act, 1986 (Public Law 99-190; + 99 Stat. 1288). + (3) Section 325 of the Department of Transportation and + Related Agencies Appropriations Act, 1996 (Public Law 104-50; + 109 Stat. 456). +Notwithstanding any other provision of law, tolls collected for motor +vehicles on any bridge connecting the boroughs of Brooklyn, New York, +and Staten Island, New York, shall be collected for any such vehicles +exiting from such bridge in both Staten Island and Brooklyn. + Sec. 127. Section 125(d) of title 23, United States Code, is +amended by striking paragraph (4). + Sec. 128. Until final guidance is published, the Administrator of +the Federal Highway Administration shall make determinations on Buy +America waivers for those waivers that were submitted before April 17, +2018, as if the notice of proposed rulemaking of that date was not in +effect. + Sec. 129. Section 1948 of SAFETEA-LU (Public Law 109-59; 119 Stat. +1514) is repealed. + Sec. 129A. Section 119(e)(5) of title 23, United States Code, is +amended to read as follows: + ``(5) Requirement for plan.-- + ``(A) In general.--Notwithstanding section 120, + beginning on October 1, 2019, and each fiscal year + thereafter, if the Secretary determines that a State + has not developed and implemented a State asset + management plan consistent with this section, the + Federal share payable on account of any project or + activity for which funds are obligated by the State in + that fiscal year under this section shall be 65 + percent. + ``(B) Determination.--The Secretary shall make the + determination under subparagraph (A) not later than the + day before the beginning of each fiscal year.''. + + Federal Motor Carrier Safety Administration + + motor carrier safety operations and programs + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + For payment of obligations incurred in the implementation, +execution and administration of motor carrier safety operations and +programs pursuant to section 31110 of title 49, United States Code, as +amended by the Fixing America's Surface Transportation Act, +$288,000,000, to be derived from the Highway Trust Fund (other than the +Mass Transit Account), together with advances and reimbursements +received by the Federal Motor Carrier Safety Administration, the sum of +which shall remain available until expended: Provided, That funds +available for implementation, execution, or administration of motor +carrier safety operations and programs authorized under title 49, +United States Code, shall not exceed total obligations of $288,000,000 +for ``Motor Carrier Safety Operations and Programs'' for fiscal year +2020, of which $9,073,000 to remain available for obligation until +September 30, 2022, is for the research and technology program. + + motor carrier safety grants + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + (including transfer of funds) + + For payment of obligations incurred in carrying out sections 31102, +31103, 31104, and 31313 of title 49, United States Code, as amended by +the Fixing America's Surface Transportation Act, $388,800,000, to be +derived from the Highway Trust Fund (other than the Mass Transit +Account) and to remain available until expended: Provided, That funds +available for the implementation or execution of motor carrier safety +programs shall not exceed total obligations of $388,800,000 in fiscal +year 2020 for ``Motor Carrier Safety Grants'': Provided further, That +of the sums appropriated under this heading-- + (1) $308,700,000 shall be available for the motor carrier + safety assistance program; + (2) $33,200,000 shall be available for the commercial + driver's license program implementation program; + (3) $44,900,000 shall be available for the high priority + activities program; and + (4) $2,000,000 shall be made available for commercial motor + vehicle operators grants, of which $1,000,000 is to be made + available from prior year unobligated contract authority + provided for Motor Carrier Safety grants in the Transportation + Equity Act for the 21st Century (Public Law 105-178), SAFETEA- + LU (Public Law 109-59), or other appropriations or + authorization Acts. + + administrative provisions--federal motor carrier safety administration + + Sec. 130. The Federal Motor Carrier Safety Administration shall +send notice of 49 CFR section 385.308 violations by certified mail, +registered mail, or another manner of delivery, which records the +receipt of the notice by the persons responsible for the violations. + Sec. 131. None of the funds appropriated or otherwise made +available to the Department of Transportation by this Act or any other +Act may be obligated or expended to implement, administer, or enforce +the requirements of section 31137 of title 49, United States Code, or +any regulation issued by the Secretary pursuant to such section, with +respect to the use of electronic logging devices by operators of +commercial motor vehicles, as defined in section 31132(1) of such +title, transporting livestock as defined in section 602 of the +Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or +insects. + Sec. 132. The Federal Motor Carrier Safety Administration shall +update annual inspection regulations under Appendix G to subchapter B +of chapter III of title 49, Code of Federal Regulations, to require +that rear underride guards be inspected annually. + Sec. 133. No funds made available by this or any other Act may be +obligated or expended under the authority in 49 U.S.C. 31141(c) to +review and issue a decision on a petition to preempt State meal and +rest break laws that may differ from those in 49 CFR 395. + Sec. 134. Notwithstanding any restriction under part II of +subtitle B of title V of the FAST Act, not later than 6 months after +enactment of this Act, the Administrator of the Federal Motor Carrier +Safety Administration shall make available on a public website +information regarding analysis of violations developed under the +agency's Compliance, Safety, Accountability program, consistent with +the data that the agency made publicly available immediately before +December 4, 2015. + Sec. 135. None of the funds made available in this Act may be used +to promulgate or enforce a rule that eliminates the 30 minute rest +break specified in part 395 of title 49, Code of Federal Regulations, +as it was in operational effect on May 15, 2019. + + National Highway Traffic Safety Administration + + operations and research + + For expenses necessary to discharge the functions of the Secretary, +with respect to traffic and highway safety authorized under chapter 301 +and part C of subtitle VI of title 49, United States Code, $214,073,440 +(reduced by $1,000,000) (increased by $1,000,000), to remain available +until September 30, 2021, except that $40,000,000 shall remain +available through September 30, 2022, and no less than $18,500,000 +shall be for research on Automated Driving Systems, Advanced Driver +Assistance Systems, and vehicle electronics and cybersecurity. + + operations and research + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + For payment of obligations incurred in carrying out the provisions +of 23 U.S.C. 403, including behavioral research on Automated Driving +Systems and Advanced Driver Assistance Systems and improving consumer +responses to safety recalls, section 4011 of the Fixing America's +Surface Transportation Act (Public Law 114-94), and chapter 303 of +title 49, United States Code, $155,300,000, to be derived from the +Highway Trust Fund (other than the Mass Transit Account) and to remain +available until expended: Provided, That none of the funds in this Act +shall be available for the planning or execution of programs the total +obligations for which, in fiscal year 2020, are in excess of +$155,300,000: Provided further, That of the sums appropriated under +this heading-- + (1) $149,800,000 shall be for programs authorized under 23 + U.S.C. 403, including behavioral research on Automated Driving + Systems and Advanced Driver Assistance Systems and improving + consumer responses to safety recalls, and section 4011 of the + Fixing America's Surface Transportation Act (Public Law 114- + 94); and + (2) $5,500,000 shall be for the National Driver Register + authorized under chapter 303 of title 49, United States Code: + Provided further, That within the $155,300,000 obligation limitation +for operations and research, $20,000,000 shall remain available until +September 30, 2021, and shall be in addition to the amount of any +limitation imposed on obligations for future years. + + highway traffic safety grants + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + For payment of obligations incurred in carrying out provisions of +23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing +America's Surface Transportation Act, to remain available until +expended, $623,017,000, to be derived from the Highway Trust Fund +(other than the Mass Transit Account): Provided, That none of the +funds in this Act shall be available for the planning or execution of +programs for which the total obligations in fiscal year 2020 are in +excess of $623,017,000 for programs authorized under 23 U.S.C. 402, +404, and 405, and section 4001(a)(6) of the Fixing America's Surface +Transportation Act: Provided further, That of the sums appropriated +under this heading-- + (1) $279,800,000 shall be for ``Highway Safety Programs'' + under 23 U.S.C. 402; + (2) $285,900,000 shall be for ``National Priority Safety + Programs'' under 23 U.S.C. 405; + (3) $30,500,000 shall be for the ``High Visibility + Enforcement Program'' under 23 U.S.C. 404; and + (4) $26,817,000 shall be for ``Administrative Expenses'' + under section 4001(a)(6) of the Fixing America's Surface + Transportation Act: + Provided further, That none of these funds shall be used for +construction, rehabilitation, or remodeling costs, or for office +furnishings and fixtures for State, local or private buildings or +structures: Provided further, That not to exceed $500,000 of the funds +made available for ``National Priority Safety Programs'' under 23 +U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in +subsection (d) of that section) shall be available for technical +assistance to the States: Provided further, That with respect to the +``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts +transferred to increase the amounts made available under section 402 +shall include the obligation authority for such amounts: Provided +further, That the Administrator shall notify the House and Senate +Committees on Appropriations of any exercise of the authority granted +under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days. + + administrative provisions--national highway traffic safety + administration + + Sec. 140. An additional $130,000 shall be made available to the +National Highway Traffic Safety Administration, out of the amount +limited for section 402 of title 23, United States Code, to pay for +travel and related expenses for State management reviews and to pay for +core competency development training and related expenses for highway +safety staff. + Sec. 141. The limitations on obligations for the programs of the +National Highway Traffic Safety Administration set in this Act shall +not apply to obligations for which obligation authority was made +available in previous public laws but only to the extent that the +obligation authority has not lapsed or been used. + Sec. 142. None of the funds made available by this Act may be used +to mandate global positioning system (GPS) tracking in private +passenger motor vehicles without providing full and appropriate +consideration of privacy concerns under 5 U.S.C. chapter 5, subchapter +II. + Sec. 143. In addition to the amounts made available under the +heading, ``Operations and Research (Liquidation of Contract +Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for +carrying out the provisions of section 403 of title 23, United States +Code, $17,000,000, to remain available until September 30, 2021, shall +be made available to the National Highway Traffic Safety Administration +from the general fund: Provided, That of the sums provided under this +provision-- + (1) not to exceed $7,000,000 shall be available to provide funding +for grants, pilot program activities, and innovative solutions to +reduce impaired-driving fatalities in collaboration with eligible +entities under section 403 of title 23, United States Code; and + (2) not to exceed $10,000,000 shall be available to continue a high +visibility enforcement paid-media campaign regarding highway-rail grade +crossing safety in collaboration with the Federal Railroad +Administration. + Sec. 144. An additional $500,000 shall be made available to the +National Highway Traffic Safety Administration for a study to identify +and examine child-specific safety considerations in vehicles equipped +with Automated Driving Systems, particularly those that can be operated +bi-directionally and offer unconventional seating. The study should +also incorporate safety considerations for child restraint system (CRS) +installation and promoting CRS usage for ride-share programs, and the +risks associated with unattended child passengers in Automated Driving +Systems-equipped vehicles. Upon completion of this study, the National +Highway Traffic Safety Administration shall submit to the House and +Senate Committees on Appropriations a report containing its findings, +including detailing how the agency is coordinating with manufacturers +to ensure children are protected in vehicles equipped with Automated +Driving Systems. + Sec. 145. None of the funds appropriated or otherwise made +available in this Act or any other Act may be used to finalize or +enforce a proposed rule published by the National Highway Traffic +Safety Administration and the Environmental Protection Agency on August +2, 2018, entitled ``The Safer Affordable Fuel-Efficient Vehicles Rule'' +or any other successor rule. + Sec. 146. None of the funds in this Act or any other Act shall be +used to enforce the requirements of 23 U.S.C. 405(a)(9). + + Federal Railroad Administration + + safety and operations + + For necessary expenses of the Federal Railroad Administration, not +otherwise provided for, $226,698,000, of which $20,000,000 shall remain +available until expended. + + railroad research and development + + For necessary expenses for railroad research and development, +$41,600,000, to remain available until expended. + + railroad rehabilitation and improvement financing program + + The Secretary of Transportation is authorized to issue direct loans +and loan guarantees pursuant to sections 501 through 504 of the +Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law +94-210), as amended, such authority shall exist as long as any such +direct loan or loan guarantee is outstanding. + + federal-state partnership for state of good repair + + For necessary expenses related to Federal-State Partnership for +State of Good Repair Grants as authorized by section 24911 of title 49, +United States Code, $350,000,000, to remain available until expended: +Provided, That the Secretary may withhold up to one percent of the +amount provided under this heading for the costs of award and project +management oversight of grants carried out under section 24911 of title +49, United States Code: Provided further, That the Secretary shall +issue the Notice of Funding Opportunity for funds provided under this +heading consistent with section 24911 of title 49, United States Code, +no later than 30 days after enactment of this Act: Provided further, +That the Secretary shall review all applications received in response +to the Notice of Funding Opportunity required in the previous proviso: +Provided further, That the Secretary shall announce the selection of +projects to receive awards for the funds described in the previous two +provisos no later than 180 days after enactment of this Act. + + consolidated rail infrastructure and safety improvements + + For necessary expenses related to Consolidated Rail Infrastructure +and Safety Improvements Grants, as authorized by section 22907 of title +49, United States Code, $350,000,000 (increased by $1,000,000) (reduced +by $1,000,000), to remain available until expended: Provided, That of +the sums appropriated under this heading-- + (1) $40,000,000 shall be available for projects eligible + under section 22907(c)(5) of title 49, United States Code, for + projects for commuter authorities, as defined as section + 24102(2) of title 49, United States Code, that experienced at + least one accident investigated by the National Transportation + Safety Board between January 1, 2008, and December 31, 2018; + and + (2) $55,000,000 shall be available for projects eligible + under section 22907(c)(2) of title 49, United States Code, that + require the acquisition of rights-of-way, track, or track + structure to support the development of new intercity passenger + rail service routes: + Provided further, That section 22905(f) of title 49, United States +Code, shall not apply to projects for commuter authorities in the first +proviso: Provided further, That section 22905(f) of title 49, United +States Code, shall not apply to projects for the implementation of +positive train control systems otherwise eligible under section +22907(c)(1) of title 49, United States Code: Provided further, That +amounts available under this heading for projects selected for commuter +rail passenger transportation may be transferred by the Secretary, +after selection, to the appropriate agencies to be administered in +accordance with chapter 53 of title 49, United States Code: Provided +further, That for amounts available under this heading eligible +recipients under section 22907(b) of title 49, United States Code, +shall include any non-profit association representing Class II +railroads and Class III railroads (as those terms are defined in +section 20102 of title 49, United States Code) and any holding company +of a Class II railroad or Class III railroad (as those terms are +defined in section 20102 of title 49, United States Code): Provided +further, That the Secretary shall not limit eligible projects from +consideration for funding for planning, engineering, environmental, +construction, and design elements of the same project in the same +application: Provided further, That unobligated balances remaining +after 4 years from the date of enactment may be used for any eligible +project under section 22907(c) of title 49, United States Code: +Provided further, That the Secretary may withhold up to one percent of +the amount provided under this heading for the costs of award and +project management oversight of grants carried out under section 22907 +of title 49, United States Code: Provided further, That the Secretary +shall issue the Notice of Funding Opportunity for funds provided under +this heading no later than 30 days after enactment of this Act: +Provided further, That such Notice of Funding Opportunity shall require +application submissions 60 days after the publishing of such Notice: +Provided further, That the Secretary shall announce the selection of +projects to receive awards for the funds in the previous two provisos +no later than 180 days after enactment of this Act. + + magnetic levitation technology deployment program + + For necessary expenses related to the deployment of magnetic +levitation transportation projects, consistent with language in 1307(a) +through (c) of Public Law 109-59, as amended by section 102 of Public +Law 110-244 (section 322 of title 23, United States Code), $10,000,000, +to remain available until expended. + + northeast corridor grants to the national railroad passenger + corporation + + To enable the Secretary of Transportation to make grants to the +National Railroad Passenger Corporation for activities associated with +the Northeast Corridor as authorized by section 11101(a) of the Fixing +America's Surface Transportation Act (division A of Public Law 114-94), +$700,000,000, to remain available until expended: Provided, That the +Secretary may retain up to one-half of 1 percent of the funds provided +under both this heading and the ``National Network Grants to the +National Railroad Passenger Corporation'' heading to fund the costs of +project management and oversight of activities authorized by section +11101(c) of division A of Public Law 114-94: Provided further, That in +addition to the project management oversight funds authorized under +section 11101(c) of division A of Public Law 114-94, the Secretary may +retain up to an additional $5,000,000 of the funds provided under this +heading to fund expenses associated with the Northeast Corridor +Commission established under section 24905 of title 49, United States +Code: Provided further, That of the amounts made available under this +heading and the ``National Network Grants to the National Railroad +Passenger Corporation'' heading, not less than $50,000,000 shall be +made available to bring Amtrak-served facilities and stations into +compliance with the Americans with Disabilities Act. + + national network grants to the national railroad passenger corporation + + To enable the Secretary of Transportation to make grants to the +National Railroad Passenger Corporation for activities associated with +the National Network as authorized by section 11101(b) of the Fixing +America's Surface Transportation Act (division A of Public Law 114-94), +$1,291,600,000, to remain available until expended: Provided, That the +Secretary may retain up to an additional $2,000,000 of the funds +provided under this heading to fund expenses associated with the State- +Supported Route Committee established under section 24712 of title 49, +United States Code. + + administrative provisions--federal railroad administration + + Sec. 150. None of the funds provided to the National Railroad +Passenger Corporation may be used to fund any overtime costs in excess +of $35,000 for any individual employee: Provided, That the President +of Amtrak may waive the cap set in the previous proviso for specific +employees when the President of Amtrak determines such a cap poses a +risk to the safety and operational efficiency of the system: Provided +further, That the President of Amtrak shall report to the House and +Senate Committees on Appropriations within 60 days of enactment of this +Act, a summary of all overtime payments incurred by the Corporation for +2019 and the three prior calendar years: Provided further, That such +summary shall include the total number of employees that received +waivers and the total overtime payments the Corporation paid to those +employees receiving waivers for each month for 2019 and for the three +prior calendar years. + Sec. 151. None of the funds provided to the National Railroad +Passenger Corporation under the headings ``Northeast Corridor Grants to +the National Railroad Passenger Corporation'' and ``National Network +Grants to the National Railroad Passenger Corporation'' may be used to +reduce the size of the Amtrak Police Department below the staffing +level on May 1, 2019. + + Federal Transit Administration + + administrative expenses + + For necessary administrative expenses of the Federal Transit +Administration's programs authorized by chapter 53 of title 49, United +States Code, $117,000,000, of which $15,000,000 shall remain available +until September 30, 2021, and up to $1,000,000 shall be available to +carry out the provisions of section 5326 of such title: Provided, That +upon submission to the Congress of the fiscal year 2021 President's +budget, the Secretary of Transportation shall transmit to Congress the +annual report on Capital Investment Grants, including proposed +allocations for fiscal year 2021. + + transit formula grants + + (liquidation of contract authorization) + + (limitation on obligations) + + (highway trust fund) + + For payment of obligations incurred in the Federal Public +Transportation Assistance Program in this account, and for payment of +obligations incurred in carrying out the provisions of 49 U.S.C. 5305, +5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and +5340, as amended by the Fixing America's Surface Transportation Act, +section 20005(b) of Public Law 112-141, and section 3006(b) of the +Fixing America's Surface Transportation Act, $10,800,000,000, to be +derived from the Mass Transit Account of the Highway Trust Fund and to +remain available until expended: Provided, That funds available for +the implementation or execution of programs authorized under 49 U.S.C. +5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, +and 5340, as amended by the Fixing America's Surface Transportation +Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the +Fixing America's Surface Transportation Act, shall not exceed total +obligations of $10,150,348,462 in fiscal year 2020: Provided further, +That the Federal share of the cost of activities carried out under 49 +U.S.C. section 5312 shall not exceed 80 percent, except that if there +is substantial public interest or benefit, the Secretary may approve a +greater Federal share: Provided further, That in addition to the +amounts appropriated for purposes of 49 U.S.C 5338(e), not less than 2 +percent of the funds appropriated or available for the purposes of 49 +U.S.C 5338(f) shall be available for the purposes of 49 U.S.C. 5338(e). + + transit infrastructure grants + + For an additional amount for buses and bus facilities grants under +section 5339 of title 49, United States Code, state of good repair +grants under section 5337 of such title, the bus testing facilities +under sections 5312 and 5318 of such title, and for grants to areas of +persistent poverty, $750,000,000 (increased by $2,000,000), to remain +available until expended: Provided, That of the sums provided under +this heading-- + (1) $389,000,000 (reduced by $6,000,000) shall be available + for the buses and bus facilities competitive grants as + authorized under section 5339(b) of such title: Provided + further, That the minimum grant award shall be not less than + $1,000,000; + (2) $94,000,000 (increased by $2,000,000) (increased by + $6,000,000) shall be available for the low or no emission + grants as authorized under section 5339(c) of such title: + Provided further, That the minimum grant award shall be not + less than $1,500,000; + (3) $250,000,000 shall be available for the state of good + repair grants as authorized under section 5337 of such title; + (4) $1,000,000 shall be available for the bus testing + facility as authorized under section 5318 of such title; + (5) Notwithstanding section 5318(a) of such title, + $6,000,000 shall be available for the operation and maintenance + of bus testing facilities by institutions of higher education + selected pursuant to section 5312(h); and + (6) $10,000,000 shall be available for competitive grants + to eligible entities to assist areas of persistent poverty: + Provided further, That the Secretary shall enter into a contract or +cooperative agreement with, or make a grant to, each institution of +higher education selected pursuant to section 5312(h) of such title, to +operate and maintain a facility to conduct the testing of low or no +emission vehicle new bus models using the standards established +pursuant to section 5318(e)(2) of such title: Provided further, That +the term ``low or no emission vehicle'' has the meaning given the term +in section 5312(e)(6) of such title: Provided further, That the +Secretary shall pay 80 percent of the cost of testing a low or no +emission vehicle new bus model at each selected institution of higher +education: Provided further, That the entity having the vehicle tested +shall pay 20 percent of the cost of testing: Provided further, That a +low or no emission vehicle new bus model tested that receives a passing +aggregate test score in accordance with the standards established under +section 5318(e)(2) of such title, shall be deemed to be in compliance +with the requirements of section 5318(e) of such title: Provided +further, That areas of persistent poverty means any county that has +consistently had 20 percent or more of the population living in poverty +over the 30 years preceding the date of enactment of this Act, as +measured by the 1990 and 2000 decennial census and the most recent +Small Area Income and Poverty Estimates, or any census tract with a +poverty rate of at least 20 percent as measured by the 2013-2017 five- +year data series available from the American Community Survey of the +Census Bureau, or any territory or possession of the United States: +Provided further, That grants shall be for planning, engineering, or +development of technical, or financing plans for projects eligible +under chapter 53 of title 49, United States Code: Provided further, +That eligible entities are those defined as eligible recipients or +subrecipients under section 5307, 5310, or 5311 of title 49 United +States Code, and are in areas of persistent poverty: Provided further, +That the Federal Transit Administration should complete outreach to +such counties and the Departments of Transportation within applicable +States via personal contact, webinars, web materials and other +appropriate methods determined by the Administrator: Provided further, +That State departments of transportation may apply on behalf of +eligible entities within their States: Provided further, That the +Federal Transit Administration should encourage grantees to work with +non-profits or other entities of their choosing in order to develop +planning, technical, engineering, or financing plans: Provided +further, That the Federal Transit Administration should encourage +grantees to partner with non-profits that can assist with making +projects low or no emissions: Provided further, That projects funded +as a result of activities funded under this heading shall be for not +less than 90 percent of the net total project cost: Provided further, +That amounts made available by this heading shall be derived from the +general fund: Provided further, That the amounts made available under +this heading shall not be subject to any limitation on obligations for +transit programs set forth in any Act. + + technical assistance and training + + For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000, to +remain available until September 30, 2021, of which not less than +$2,500,000 (increased by $1,000,000) (reduced by $1,000,000) shall be +for a cooperative agreement through which the Federal Transit +Administration assists transit recipients with frontline workforce +development and standards based training in maintenance and operations +through an agreement with a national nonprofit organization with a +demonstrated capacity to develop and provide such programs though labor +management partnerships and apprenticeships: Provided, That the +assistance provided under this heading does not duplicate the +activities of 49 U.S.C. 5311(b) or 49 U.S.C. 5312. + + capital investment grants + + For necessary expenses to carry out fixed guideway capital +investment grants under section 5309 of title 49, United States Code, +and section 3005(b) of the Fixing America's Surface Transportation Act, +$2,301,785,760, to remain available until September 30, 2024: +Provided, That of the amounts made available under this heading, +$1,841,428,608 (reduced by $1,000,000) (increased by $1,000,000) shall +be obligated by December 31, 2021, but shall remain available until +September 30, 2024, as specified under this heading: Provided further, +That of the amounts made available under this heading-- + (1) $795,290,221 shall be available for fixed guideway + projects that have executed full funding grant agreements, + authorized under subsection (d) of section 5309; + (2) $702,709,779 shall be available for new projects + authorized under 5309(d) of title 49, United States Code; + (3) $300,000,000 shall be available for projects authorized + under section 5309(e) of title 49, United States Code; + (4) $430,768,910 shall be available for projects authorized + under section 5309(h) of title 49, United States Code; and + (5) $50,000,000 shall be available for projects authorized + under section 3005(b) of the Fixing America's Surface + Transportation Act: + Provided further, That the Secretary shall continue to administer the +capital investment grants program in accordance with the procedural and +substantive requirements of section 5309 of title 49, United States +Code, and to administer the Expedited Delivery Pilot Program with the +procedural and substantive requirements of section 3005(b) of the +Fixing America's Surface Transportation Act: Provided further, That +any funds remaining from the $1,841,428,608 that are required to be +obligated by the first proviso under this heading and that remain +available on December 31, 2021 shall be reallocated to applicants with +projects in Engineering on that date, as defined by 49 U.S.C. +5309(d)(2) and (e)(2) for activities eligible under 49 U.S.C. 5309(b), +and upon reallocation shall be available for immediate obligation: +Provided further, That each applicant's share of such funds shall be +distributed to the projects in Engineering based on the individual +project's requested Capital Investment Grant amount as a percentage of +the total Capital Investment Grant funds requested by the group of +projects in Engineering under subsections (d)(2) and (e)(2) of 49 +United States Code 5309 on December 31, 2021: Provided further, That +not later than 90 days after enactment of this Act, the Federal Transit +Administration shall provide the House and Senate Committees on +Appropriations a list of projects to which the agency expects to award +a full-funding grant agreement in fiscal year 2020, and upon submission +of the fiscal year 2021 budget, the Federal Transit Administration +shall provide such information for 2021. + + grants to the washington metropolitan area transit authority + + For grants to the Washington Metropolitan Area Transit Authority as +authorized under section 601 of division B of Public Law 110-432, +$150,000,000, to remain available until expended: Provided, That the +Secretary of Transportation shall approve grants for capital and +preventive maintenance expenditures for the Washington Metropolitan +Area Transit Authority only after receiving and reviewing a request for +each specific project: Provided further, That prior to approving such +grants, the Secretary shall certify that the Washington Metropolitan +Area Transit Authority is making progress to improve its safety +management system in response to the Federal Transit Administration's +2015 safety management inspection: Provided further, That the +Secretary shall determine that the Washington Metropolitan Area Transit +Authority has placed the highest priority on those investments that +will improve the safety of the system before approving such grants: +Provided further, That the Secretary, in order to ensure safety +throughout the rail system, may waive the requirements of section +601(e)(1) of division B of Public Law 110-432. + + administrative provisions--federal transit administration + + Sec. 160. The limitations on obligations for the programs of the +Federal Transit Administration shall not apply to any authority under +49 U.S.C. 5338, previously made available for obligation, or to any +other authority previously made available for obligation. + Sec. 161. Notwithstanding any other provision of law, funds +appropriated or limited by this Act under the heading ``Fixed Guideway +Capital Investment'' of the Federal Transit Administration for projects +specified in this Act or identified in reports accompanying this Act +not obligated by September 30, 2024, and other recoveries, shall be +directed to projects eligible to use the funds for the purposes for +which they were originally provided. + Sec. 162. Notwithstanding any other provision of law, any funds +appropriated before October 1, 2018, under any section of chapter 53 of +title 49, United States Code, that remain available for expenditure, +may be transferred to and administered under the most recent +appropriation heading for any such section. + Sec. 163. In the first proviso under the title ``Capital +Investment Grants'' in the Consolidated Appropriations Act of 2018, +Public Law 115-141, strike, ``December 31, 2019'' and insert, +``September 30, 2020''. + Sec. 164. No funds in this or any other Act shall be used-- + (1) to adjust apportionments or withhold funds from apportionments +pursuant to 26 U.S.C. 9503(e)(4); + (2) to request or require any project to have a maximum Capital +Investment Grant contribution lower than 50 percent of the total +project cost; + (3) to determine a maximum Capital Investment Grant contribution +for projects defined under 49 U.S.C. 5309(a)(2) or 49 U.S.C. 5309(a)(5) +until at least 180 days after a project has entered into the +Engineering phase; and + (4) by the Federal Transit Administration when making a +determination about whether a project sponsor's cost estimate is +reasonable, to require a probability higher than 50 percent that a +project can be completed within that cost estimate: Provided, That +this proviso only applies to those applications that are in the +``project development'' phase as defined under subsection (d)(1), +(e)(1), or (h)(2) of 49 U.S.C. 5309, or the ``Engineering'' phase as +defined under subsection (d)(2) or (e)(2) of 49 U.S.C. 5309 on the date +of enactment of this Act. + Sec. 165. An eligible recipient of a grant under 5339(c) may +submit an application in partnership with other entities, including a +transit vehicle manufacturer, that intend to participate in the +implementation of a project under 5339(c) of title 49, United States +Code and a project awarded with such partnership shall be treated as +satisfying the requirement for a competitive procurement under section +5325(a) of title 49, United States Code, for the named entity. + + Saint Lawrence Seaway Development Corporation + + The Saint Lawrence Seaway Development Corporation is hereby +authorized to make such expenditures, within the limits of funds and +borrowing authority available to the Corporation, and in accord with +law, and to make such contracts and commitments without regard to +fiscal year limitations, as provided by section 104 of the Government +Corporation Control Act, as amended, as may be necessary in carrying +out the programs set forth in the Corporation's budget for the current +fiscal year. + + operations and maintenance + + (harbor maintenance trust fund) + + For necessary expenses to conduct the operations, maintenance, and +capital asset renewal activities on those portions of the Saint +Lawrence Seaway owned, operated, and maintained by the Saint Lawrence +Seaway Development Corporation, $40,000,000, to be derived from the +Harbor Maintenance Trust Fund, pursuant to Public Law 99-662: +Provided, That of the amounts made available under this heading, not +less than $16,000,000 shall be used on capital asset renewal +activities. + + Maritime Administration + + maritime security program + + For necessary expenses to maintain and preserve a U.S.-flag +merchant fleet to serve the national security needs of the United +States, $300,000,000, to remain available until expended. + + operations and training + + (including transfer of funds) + + For necessary expenses of operations and training activities +authorized by law, $154,442,000: Provided, That of the sums +appropriated under this heading-- + (1) $77,944,000 shall remain available until September 30, + 2021 for the operations of the United States Merchant Marine + Academy; + (2) $5,225,000 shall remain available until expended for + the maintenance and repair, equipment, and capital improvements + at the United States Merchant Marine Academy; + (3) $3,000,000 shall remain available until September 30, + 2021 for the Maritime Environment and Technology Assistance + program authorized under section 50307 of title 46, United + States Code; and + (4) $15,000,000, shall remain available until expended for + the Short Sea Transportation Program (America's Marine + Highways) to make grants for the purposes authorized under + sections 55601(b)(1) and (3) of title 46, United States Code: + Provided further, That not later than 120 days after enactment of +this Act, the Administrator of the Maritime Administration shall +transmit to the House and Senate Committees on Appropriations the +annual report on sexual assault and sexual harassment at the United +States Merchant Marine Academy as required pursuant to section 3507 of +Public Law 110-417: Provided further, That available balances under +this heading for the Short Sea Transportation Program (America's Marine +Highways) from prior year recoveries shall be available to carry out +activities authorized under sections 55601(b)(1) and (3) of title 46, +United States Code: Provided further, That from funds provided under +(3) and (4) of the first proviso, the Secretary of Transportation shall +make grants no later than 180 days after enactment of this Act in such +amounts as the Secretary determines: Provided further, That any +unobligated balances available from previous appropriations for +programs and activities supporting State Maritime Academies shall be +transferred to and merged with the appropriations for ``Maritime +Administration, State Maritime Academy Operations'' and shall be made +available for the same purposes. + + state maritime academy operations + + For necessary expenses of operations, support and training +activities for State Maritime Academies, $345,200,000: Provided, That +of the sums appropriated under this heading-- + (1) $33,000,000, to remain available until expended, shall + be for maintenance, repair, life extension, and capacity + improvement of National Defense Reserve Fleet training ships in + support of State Maritime Academies, of which up to $8,060,000, + to remain available until expended, shall be for expenses + related to training mariners for costs associated with training + vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for costs + associated with mobilizing, operating and demobilizing the + vessel, including travel costs for students, faculty and crew, + the costs of the general agent, crew costs, fuel, insurance, + operational fees, and vessel hire costs, as determined by the + Secretary; + (2) $300,000,000, to remain available until expended, shall + be for the National Security Multi-Mission Vessel Program, + including funds for construction, planning, administration, and + design of school ships; + (3) $2,400,000 shall remain available through September 30, + 2021, for the Student Incentive Program; + (4) $3,800,000 shall remain available until expended for + training ship fuel assistance; and + (5) $6,000,000 shall remain available until September 30, + 2021, for direct payments for State Maritime Academies. + + assistance to small shipyards + + To make grants to qualified shipyards as authorized under section +54101 of title 46, United States Code, as amended by Public Law 113- +281, $20,000,000, to remain available until expended. + + ship disposal + + For necessary expenses related to the disposal of obsolete vessels +in the National Defense Reserve Fleet of the Maritime Administration, +$5,000,000, to remain available until expended. + + maritime guaranteed loan (title xi) program account + + (including transfer of funds) + + For administrative expenses to carry out the guaranteed loan +program, $3,000,000, which shall be transferred to and merged with the +appropriations for ``Operations and Training'', Maritime +Administration. + + port infrastructure development program + + To make grants to improve port facilities as authorized under +section 50302 of title 46, United States Code, $225,000,000 to remain +available until expended: Provided, That projects eligible for funding +provided under this heading shall be projects for coastal seaports or +Great Lakes ports: Provided further, That the Maritime Administration +shall distribute funds provided under this heading as discretionary +grants to port authorities or commissions or their subdivisions and +agents under existing authority, as well as to a State or political +subdivision of a State or local government, a tribal government, a +public agency or publicly chartered authority established by one or +more States, a special purpose district with a transportation function, +a multistate or multijurisdictional group of entities, or a lead entity +described above jointly with a private entity or group of private +entities: Provided further, That projects eligible for funding +provided under this heading shall be either within the boundary of a +port, or outside the boundary of a port, and directly related to port +operations or to an intermodal connection to a port that will improve +the safety, efficiency, or reliability of the movement of goods into, +out of, around, or within a port, as well as the unloading and loading +of cargo at a port: Provided further, That the Federal share of the +costs for which an expenditure is made under this heading shall be up +to 80 percent: Provided further, That not to exceed 2 percent of the +funds appropriated under this heading shall be available for necessary +costs of grant administration: Provided further, That the proceeds of +Federal credit assistance under chapter 6 of title 23, United States +Code or sections 501 through 504 of the Railroad and Revitalization and +Regulatory Reform Act of 1976 (Public Law 94-210), as amended, shall be +considered to be part of the non-Federal share of project costs if the +loan is repayable from non-Federal funds, unless otherwise requested by +the project sponsor: Provided further, That a grant award made under +this heading may not be used to purchase fully-automated cargo handling +equipment or to otherwise facilitate fully-automated cargo handling: +Provided further, That for the purposes of the previous proviso, fully- +automated cargo handling means using equipment that is remotely +operated or remotely monitored with or without the exercise of human +intervention or control. + + administrative provisions--maritime administration + + Sec. 170. Notwithstanding any other provision of this Act, in +addition to any existing authority, the Maritime Administration is +authorized to furnish utilities and services and make necessary repairs +in connection with any lease, contract, or occupancy involving +Government property under control of the Maritime Administration: +Provided, That payments received therefor shall be credited to the +appropriation charged with the cost thereof and shall remain available +until expended: Provided further, That rental payments under any such +lease, contract, or occupancy for items other than such utilities, +services, or repairs shall be covered into the Treasury as +miscellaneous receipts. + + Pipeline and Hazardous Materials Safety Administration + + operational expenses + + For necessary operational expenses of the Pipeline and Hazardous +Materials Safety Administration, $23,710,000, of which $1,500,000 shall +remain available until September 30, 2022: Provided, That the +Secretary of Transportation shall issue final rules as required under +section 5(f), section 21(c), and section 23(a) of the Pipeline Safety, +Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112-90) +no later than 180 days after enactment of this Act: Provided further, +That no later than 90 days after enactment of this Act, the Secretary +of Transportation shall initiate a rulemaking on automatic and remote- +controlled shut-off valves and hazardous liquid pipeline facilities +leak detection systems as required under section 4 and section 8 of the +Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 +(Public Law 112-90), respectively, and shall issue a final rule no +later than one year after enactment of this Act. + + hazardous materials safety + + For expenses necessary to discharge the hazardous materials safety +functions of the Pipeline and Hazardous Materials Safety +Administration, $61,000,000, to remain available until September 30, +2022: Provided, That up to $800,000 in fees collected under 49 U.S.C. +5108(g) shall be deposited in the general fund of the Treasury as +offsetting receipts: Provided further, That there may be credited to +this appropriation, to be available until expended, funds received from +States, counties, municipalities, other public authorities, and private +sources for expenses incurred for training, for reports publication and +dissemination, and for travel expenses incurred in performance of +hazardous materials exemptions and approvals functions. + + pipeline safety + + (pipeline safety fund) + + (oil spill liability trust fund) + + For expenses necessary to carry out a pipeline safety program, as +authorized by 49 U.S.C. 60107, and to discharge the pipeline program +responsibilities of the Oil Pollution Act of 1990, $168,000,000 +(increased by $1,000,000) (reduced by $1,000,000), to remain available +until September 30, 2022, of which $23,000,000 shall be derived from +the Oil Spill Liability Trust Fund; of which $137,000,000 shall be +derived from the Pipeline Safety Fund; and of which $8,000,000 shall be +derived from fees collected under 49 U.S.C. 60302 and deposited in the +Underground Natural Gas Storage Facility Safety Account for the purpose +of carrying out 49 U.S.C. 60141: Provided, That not less than +$1,058,000 of the funds provided under this heading shall be for the +One-Call State grant program. + + emergency preparedness grants + + (emergency preparedness fund) + + For expenses necessary to carry out the Emergency Preparedness +Grants program, not more than $28,318,000 shall remain available until +September 30, 2022, from amounts made available by 49 U.S.C. 5116(h), +and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C. +5116(h)(4), not more than 4 percent of the amounts made available from +this account shall be available to pay administrative costs: Provided +further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current +year obligation limitation, prior year recoveries recognized in the +current year shall be available to develop a hazardous materials +response training curriculum for emergency responders, including +response activities for the transportation of crude oil, ethanol and +other flammable liquids by rail, consistent with National Fire +Protection Association standards, and to make such training available +through an electronic format: Provided further, That the prior year +recoveries made available under this heading shall also be available to +carry out 49 U.S.C. 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e). + + Office of Inspector General + + salaries and expenses + + For necessary expenses of the Office of the Inspector General to +carry out the provisions of the Inspector General Act of 1978, as +amended, $96,700,000 (increased by $1,000,000) (increased by +$1,000,000): Provided, That the Inspector General shall have all +necessary authority, in carrying out the duties specified in the +Inspector General Act, as amended (5 U.S.C. App. 3), to investigate +allegations of fraud, including false statements to the government (18 +U.S.C. 1001), by any person or entity that is subject to regulation by +the Department of Transportation. + + General Provisions--Department of Transportation + + Sec. 180. (a) During the current fiscal year, applicable +appropriations to the Department of Transportation shall be available +for maintenance and operation of aircraft; hire of passenger motor +vehicles and aircraft; purchase of liability insurance for motor +vehicles operating in foreign countries on official department +business; and uniforms or allowances therefor, as authorized by law (5 +U.S.C. 5901-5902). + (b) During the current fiscal year, applicable appropriations to +the Department and its operating administrations shall be available for +the purchase, maintenance, operation, and deployment of unmanned +aircraft systems that advance the Department's, or its operating +administrations', missions. + (c) Any unmanned aircraft system purchased or procured by the +Department prior to the enactment of this Act shall be deemed +authorized. + Sec. 181. Appropriations contained in this Act for the Department +of Transportation shall be available for services as authorized by 5 +U.S.C. 3109, but at rates for individuals not to exceed the per diem +rate equivalent to the rate for an Executive Level IV. + Sec. 182. (a) No recipient of funds made available in this Act +shall disseminate personal information (as defined in 18 U.S.C. +2725(3)) obtained by a State department of motor vehicles in connection +with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as +provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. + (b) Notwithstanding subsection (a), the Secretary shall not +withhold funds provided in this Act for any grantee if a State is in +noncompliance with this provision. + Sec. 183. (a) None of the funds appropriated by this Act may be +made available for salaries and expenses of more than 110 political and +Presidential appointees in the Department of Transportation: Provided, +That none of the personnel covered by this provision may be assigned on +temporary detail outside the Department of Transportation. + (b) The limitation in subsection (a) shall increase to 125 +political and Presidential appointees beginning on the date on which +the Secretary announces the selection of projects to receive awards for +each of the following competitive grants, with respect to funds made +available for fiscal year 2019 for such grants-- + (1) Capital investment grants as authorized and as funded + under the heading ``Office of the Secretary--National + Infrastructure Investments'' by Public Law 116-6; + (2) Grants-In-Aid for Airports as authorized by subchapter + 1 of chapter 471 and subchapter 1 of chapter 475 of title 49, + United States Code, and as funded under the heading ``Federal + Aviation Administration--Grants-in-Aid for Airports'' by Public + Law 116-6; + (3) Federal-State Partnership for State of Good Repair + Grants, as authorized by section 24911 of title 49, United + States Code, and as funded under the heading ``Federal Railroad + Administration--Federal-State Partnership for State of Good + Repair'' by Public Law 116-6; + (4) Consolidated Rail Infrastructure and Safety + Improvements Grants, as authorized by section 22907 of title + 49, United States Code, and as funded under the heading + ``Federal Railroad Administration--Consolidated Rail + Infrastructure and Safety Improvements'' by Public Law 116-6; + (5) Restoration and Enhancement Grants, as authorized by + section 22908 of title 49, United States Code, and as funded + under the heading ``Federal Railroad Administration-- + Restoration and Enhancement'' by Public Law 116-6; + (6) Magnetic levitation transportation projects consistent + with section 322 of title 23, United States Code, and as funded + under the heading ``Federal Railroad Administration--Magnetic + Levitation Technology Deployment Program'' by Public Law 116-6; + (7) Buses and bus facilities competitive grants as + authorized under section 5339(b) of title 49, United States + Code, and as funded under the heading ``Federal Transit + Administration--Transit Infrastructure Grants'' by Public Law + 116-6; + (8) Low or no emission grants, as authorized under section + 5339(c) of title 49, United States Code, and as funded under + the heading ``Federal Transit Administration--Transit + Infrastructure Grants'' by Public Law 116-6; + (9) Grants to qualified shipyards, as authorized under + section 54101 of title 46, United States Code, and as funded + under the heading ``Maritime Administration--Assistance to + Small Shipyards'' by Public Law 116-6; and + (10) Grants to improve port facilities, as authorized under + section 50302 of title 46, United States Code, and as funded + under the heading ``Maritime Administration--Port + Infrastructure Development Program'' by Public Law 116-6. + Sec. 184. Funds received by the Federal Highway Administration and +Federal Railroad Administration from States, counties, municipalities, +other public authorities, and private sources for expenses incurred for +training may be credited respectively to the Federal Highway +Administration's ``Federal-Aid Highways'' account and to the Federal +Railroad Administration's ``Safety and Operations'' account, except for +State rail safety inspectors participating in training pursuant to 49 +U.S.C. 20105. + Sec. 185. (a) None of the funds provided in this Act to the +Department of Transportation may be used to make a loan, loan +guarantee, line of credit, or discretionary grant unless the Secretary +of Transportation notifies the House and Senate Committees on +Appropriations not less than 3 full business days before any project +competitively selected to receive any discretionary grant award, letter +of intent, loan commitment, loan guarantee commitment, line of credit +commitment, or full funding grant agreement is announced by the +Department or its modal administrations: Provided, That the Secretary +gives concurrent notification to the House and Senate Committees on +Appropriations for any ``quick release'' of funds from the emergency +relief program: Provided further, That no notification shall involve +funds that are not available for obligation. + (b) In addition to the notification required in subsection (a), +none of the funds made available in this Act to the Department of +Transportation may be used to make a loan, loan guarantee, line of +credit, cooperative agreement or discretionary grant unless the +Secretary of Transportation provides the House and Senate Committees on +Appropriations a comprehensive list of all such loans, loan guarantees, +lines of credit, cooperative agreement or discretionary grants that +will be announced not less the 3 full business days before such +announcement: Provided, That the requirement to provide a list in this +subsection does not apply to any ``quick release'' of funds from the +emergency relief program: Provided further, That no list shall involve +funds that are not available for obligation. + Sec. 186. Rebates, refunds, incentive payments, minor fees and +other funds received by the Department of Transportation from travel +management centers, charge card programs, the subleasing of building +space, and miscellaneous sources are to be credited to appropriations +of the Department of Transportation and allocated to elements of the +Department of Transportation using fair and equitable criteria and such +funds shall be available until expended. + Sec. 187. Amounts made available in this or any prior Act that the +Secretary determines represent improper payments by the Department of +Transportation to a third-party contractor under a financial assistance +award, which are recovered pursuant to law, shall be available-- + (1) to reimburse the actual expenses incurred by the + Department of Transportation in recovering improper payments: + Provided, That amounts made available in this Act shall be + available until expended; and + (2) to pay contractors for services provided in recovering + improper payments or contractor support in the implementation + of the Improper Payments Information Act of 2002, as amended by + the Improper Payments Elimination and Recovery Act of 2010 and + Improper Payments Elimination and Recovery Improvement Act of + 2012, and Fraud Reduction and Data Analytics Act of 2015: + Provided, That amounts in excess of that required for + paragraphs (1) and (2)-- + (A) shall be credited to and merged with the + appropriation from which the improper payments were + made, and shall be available for the purposes and + period for which such appropriations are available: + Provided further, That where specific project or + accounting information associated with the improper + payment or payments is not readily available, the + Secretary may credit an appropriate account, which + shall be available for the purposes and period + associated with the account so credited; or + (B) if no such appropriation remains available, + shall be deposited in the Treasury as miscellaneous + receipts: Provided further, That prior to depositing + such recovery in the Treasury, the Secretary shall + notify the House and Senate Committees on + Appropriations of the amount and reasons for such + transfer: Provided further, That for purposes of this + section, the term ``improper payments'' has the same + meaning as that provided in section 2(e)(2) of Public + Law 111-204. + Sec. 188. Notwithstanding any other provision of law, if any funds +provided in or limited by this Act are subject to a reprogramming +action that requires notice to be provided to the House and Senate +Committees on Appropriations, transmission of said reprogramming notice +shall be provided solely to the House and Senate Committees on +Appropriations, and said reprogramming action shall be approved or +denied solely by the House and Senate Committees on Appropriations: +Provided, That the Secretary of Transportation may provide notice to +other congressional committees of the action of the House and Senate +Committees on Appropriations on such reprogramming but not sooner than +30 days following the date on which the reprogramming action has been +approved or denied by the House and Senate Committees on +Appropriations. + Sec. 189. Funds appropriated in this Act to the modal +administrations may be obligated for the Office of the Secretary for +the costs related to assessments or reimbursable agreements only when +such amounts are for the costs of goods and services that are purchased +to provide a direct benefit to the applicable modal administration or +administrations. + Sec. 190. The Secretary of Transportation is authorized to carry +out a program that establishes uniform standards for developing and +supporting agency transit pass and transit benefits authorized under +section 7905 of title 5, United States Code, including distribution of +transit benefits by various paper and electronic media. + Sec. 191. The Department of Transportation may use funds provided +by this Act, or any other Act, to assist a contract under title 49, +United States Code or title 23, United States Code, utilizing +geographic, economic, or any other hiring preference not otherwise +authorized by law, or to amend a rule, regulation, policy or other +measure that forbids a recipient of a Federal Highway Administration or +Federal Transit Administration grant from imposing such hiring +preference on a contract or construction project with which the +Department of Transportation is assisting, only if the grant recipient +certifies the following-- + (1) that except with respect to apprentices or trainees, a pool of +readily available but unemployed individuals possessing the knowledge, +skill, and ability to perform the work that the contract requires +resides in the jurisdiction; + (2) that the grant recipient will include appropriate provisions in +its bid document ensuring that the contractor does not displace any of +its existing employees in order to satisfy such hiring preference; and + (3) that any increase in the cost of labor, training, or delays +resulting from the use of such hiring preference does not delay or +displace any transportation project in the applicable Statewide +Transportation Improvement Program or Transportation Improvement +Program. + Sec. 192. (a) None of the funds appropriated or otherwise made +available by this Act may be used to terminate a grant or cooperative +agreement with the California High Speed Rail Authority, de-obligate +funding associated with a grant or cooperative agreement with the +California High Speed Rail Authority, or require the State of +California or the California High Speed Rail Authority to repay funding +previously obligated and expended. + (b) Subsection (a) shall apply to Cooperative Agreement No. FR-HSR- +0009-10-01-06 and any other grant or cooperative agreement with the +California High Speed Rail Authority in effect on or after enactment of +this Act. + (c) Notwithstanding the Department of Transportation Appropriations +Act, 2010 (Public Law 111-117), de-obligated funds associated with +Cooperative Agreement No. FR-HSR-0118-12-01-01-- + (1) may not be made available for any purpose until the + final determination of any litigation concerning those funds; + and + (2) upon the final determination of any such litigation, + shall be made available only for high-speed rail projects under + section 26106 of title 49, United States Code, in accordance + with such section, except the Secretary of Transportation + shall-- + (A) issue a Notice of Funding Opportunity for such + grants no later than 30 days after the final + determination of such litigation; + (B) require that such Notice of Funding Opportunity + shall require application submissions no later than 30 + days after the issuance of such Notice; + (C) award grants no later than 60 days after the + issuance of such Notice; and + (D) require applicants to provide the Secretary + with completed documentation with respect to any + required environmental impact statements within the + application for a grant. + Sec. 193. Section 603(b) of title 23, United States Code, is +amended by striking paragraph (8) and inserting the following: + ``(8) Non-federal share.--Notwithstanding paragraph + (9) and section 117(j)(2), the proceeds of a secured + loan under the TIFIA program shall be considered to be + part of the non-Federal share of project costs required + under this title or chapter 53 of title 49, if the loan + is repayable from non-Federal funds.''. + Sec. 194. Section 502(b)(3) of the Railroad Revitalization and +Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is amended by +striking ``only during the 4-year period beginning on the date of +enactment of the Passenger Rail Reform and Investment Act of 2015'' and +inserting ``until September 30, 2020''. + Sec. 195. (a) None of the funds appropriated by this title may be +made available to issue grants to entities that do not comply with +practices for control system procurement recommended by the United +States Department of Homeland Security's National Cybersecurity and +Communications Integration Center. + (b) The Secretary of Transportation may waive the requirement to +comply with the practices described in subsection (a) if the Secretary +finds that-- + (1) requiring compliance would be inconsistent with the + public interest; and + (2) the Secretary notifies the House and Senate Committees + on Appropriations no less than 3 days before issuing a waiver + under this subsection. + This title may be cited as the ``Department of Transportation +Appropriations Act, 2020''. + + TITLE II + + DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT + + Management and Administration + + executive offices + + For necessary salaries and expenses for Executive Offices, which +shall be comprised of the offices of the Secretary, Deputy Secretary, +Adjudicatory Services, Congressional and Intergovernmental Relations, +Public Affairs, Small and Disadvantaged Business Utilization, and the +Center for Faith-Based and Neighborhood Partnerships, $14,788,000 +(reduced by $5,000,000) (reduced by $1,000,000), to remain available +until September 30, 2021, and of which $4,557,000 (reduced by +$4,000,000) is for the Office of the Secretary and $2,192,000 (reduced +by $1,000,000) is for the Office of Congressional and Intergovernmental +Relations: Provided, That not to exceed $20,000 of the total amount +made available under this heading shall be available to the Secretary +for official reception and representation expenses as the Secretary may +determine: Provided further, That none of the funds made available in +this title or title II of division G of Public Law 116-6 may be +reprogrammed or otherwise used to increase the appropriation provided +by this title for the Office of the Secretary or the Office of +Congressional and Intergovernmental Relations: Provided further, That +none of the funds made available by this or any other Act may be used +to detail any individual to the Office of the Secretary or the Office +of Congressional and Intergovernmental Relations: Provided further, +That none of the funds made available by this Act may be used to pay +the salary of any individual occupying a political position in the +Office of Budget: Provided further, That for the purposes of the +previous proviso, the term ``political position'' means the following: +a position described under sections 5312 through 5316 of title 5, +United States Code (relating to the Executive Schedule); a noncareer +appointment in the Senior Executive Service, as defined under paragraph +(7) of section 3132(a) of such title; a position in the executive +branch of the Government of a confidential or policy-determining +character under schedule C of subpart C of part 213 of title 5, Code of +Federal Regulations; or any other position that has been excepted from +the competitive service by reason of its confidential, policy- +determining, policy-making, or policy-advocating character. + + administrative support offices + + For necessary salaries and expenses for Administrative Support +Offices, $521,500,000 (reduced by $5,000,000) (reduced by $1,000,000) +(reduced by $2,000,000), to remain available until September 30, 2021: +Provided, That of the sums appropriated under this heading-- + (1) not to exceed $52,691,000 shall be for the Office of + the Chief Financial Officer; + (2) not to exceed $95,890,000 (reduced by $1,000,000) shall + be for the Office of the General Counsel, of which not less + than $20,000,000 shall be for the Departmental Enforcement + Center; + (3) not to exceed $54,000,000 shall be for the Office of + Field Policy and Management; + (4) not to exceed $3,900,000 shall be for the Office of + Departmental Equal Employment Opportunity; + (5) not less than $55,019,000 shall be for the Office of + the Chief Information Officer; and + (6) not to exceed $260,000,000 (reduced by $5,000,000) + shall be for the Assistant Secretary for Administration: + Provided further, That funds provided under this heading may be used +for hire of passenger motor vehicles and services as authorized by 5 +U.S.C. 3109: Provided further, That the Secretary shall provide the +House and Senate Committees on Appropriations quarterly written +notification regarding the status of pending congressional reports: +Provided further, That the Secretary shall provide in electronic form +all signed reports required by Congress: Provided further, That not +more than 10 percent of the funds made available under this heading for +the Office of Chief Financial Officer for the financial transformation +initiative may be obligated until the Secretary submits to the House +and Senate Committees on Appropriations, for approval, a plan for +expenditure that includes the financial and internal control +capabilities to be delivered and the mission benefits to be realized, +key milestones to be met, and the relationship between the proposed use +of funds made available under this heading and the projected total cost +and scope of the initiative. + + program office salaries and expenses + + For necessary salaries and expenses for Program Offices, +$849,144,000 (reduced by $2,000,000), to remain available until +September 30, 2021: Provided, the amounts made available under this +heading are provided as follows-- + (1) not to exceed $230,000,000 (reduced by $1,000,000) + (increased by $1,000,000) shall be available for the Office of + Public and Indian Housing, of which $10,200,000 is for: (a) the + Secretary of Housing and Urban Development for carrying out any + authorities of such Secretary under chapter 11 of subtitle B of + the Violence Against Women Act of 1994 (34 U.S.C. 12351) and + subtitle N of such Act (34 U.S.C. 12471 et seq.); (b) public + housing inspections and assessments as referred in paragraph + (2) of the heading ``Public Housing Capital Fund'' in this + title; and (c) public housing inspections, monitoring and + oversight of activities, and other assistance authorized under + title I of the Native American Housing Assistance and Self- + Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), + title I of the Housing and Community Development Act of 1974 + with respect to Indian tribes (42 U.S.C. 5306(a)(1)), section + 184 of the Housing and Community Development Act of 1992 (12 + U.S.C. 1715z-13a), and Tribal HUD-VASH program; + (2) not to exceed $117,000,000 shall be available for the + Office of Community Planning and Development, of which + $4,656,000 shall be for permanent positions for a disaster + recovery workforce; + (3) not to exceed $386,144,000 (reduced by $2,000,000) + shall be available for the Office of Housing, of which not less + than $12,000,000 shall be for the Office of Recapitalization; + (4) not to exceed $26,000,000 shall be available for the + Office of Policy Development and Research; + (5) not to exceed $80,000,000 shall be available for the + Office of Fair Housing and Equal Opportunity; and + (6) not to exceed $10,000,000 shall be available for the + Office of Lead Hazard Control and Healthy Homes: + Provided further, That the unobligated balances of prior year +appropriations made available under each of the accounts ``Public and +Indian Housing'', ``Community Planning and Development'', ``Housing'', +``Policy Development and Research'', ``Fair Housing and Equal +Opportunity'', and ``Office of Lead Hazard Control and Healthy Homes'' +under the heading ``Department of Housing and Urban Development-- +Program Office Salaries and Expenses'' shall be transferred to, and +merged with, the amounts reserved for the Office of Public and Indian +Housing, the Office of Community Planning and Development, the Office +of Housing, the Office of Policy Development and Research, the Office +of Fair Housing and Equal Opportunity, and the Office of Lead Hazard +Control and Healthy Homes, respectively, under the heading ``Department +of Housing and Urban Development--Program Office Salaries and +Expenses'' in this title. + + working capital fund + + (including transfer of funds) + + For the working capital fund for the Department of Housing and +Urban Development (referred to in this paragraph as the ``Fund''), +pursuant, in part, to section 7(f) of the Department of Housing and +Urban Development Act (42 U.S.C. 3535(f)), amounts transferred, +including reimbursements pursuant to section 7(f), to the Fund under +this heading shall be available for Federal shared services used by +offices and agencies of the Department, and for such portion of any +office or agency's printing, records management, space renovation, +furniture, or supply services as the Secretary determines shall be +derived from centralized sources made available by the Department to +all offices and agencies and funded through the Fund: Provided, That +of the amounts made available in this title for salaries and expenses +under the headings ``Executive Offices'', ``Administrative Support +Offices'', ``Program Office Salaries and Expenses'', and ``Government +National Mortgage Association'', the Secretary shall transfer to the +Fund such amounts, to remain available until expended, as are necessary +to fund services, specified in the matter preceding the first proviso, +for which the appropriation would otherwise have been available, and +may transfer not to exceed an additional $5,000,000, in aggregate, from +all such appropriations, to be merged with the Fund and to remain +available until expended for any purpose under this heading: Provided +further, That amounts in the Fund shall be the only amounts available +to each office or agency of the Department for the services, or portion +of services, specified in the matter preceding the first proviso: +Provided further, That with respect to the Fund, the authorities and +conditions under this heading shall supplement the authorities and +conditions provided under section 7(f). + + Public and Indian Housing + + tenant-based rental assistance + + For activities and assistance for the provision of tenant-based +rental assistance authorized under the United States Housing Act of +1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not +otherwise provided for, $19,810,000,000 (increased by $2,000,000) +(increased by $2,000,000), to remain available until expended, shall be +available on October 1, 2019 (in addition to the $4,000,000,000 +previously appropriated under this heading that shall be available on +October 1, 2019), and $4,000,000,000, to remain available until +expended, shall be available on October 1, 2020: Provided, That the +amounts made available under this heading are provided as follows-- + (1) $21,400,000,000 shall be available for renewals of + expiring section 8 tenant-based annual contributions contracts + (including renewals of enhanced vouchers under any provision of + law authorizing such assistance under section 8(t) of the Act) + and including renewal of other special purpose incremental + vouchers: Provided, That notwithstanding any other provision + of law, from amounts provided under this paragraph and any + carryover, the Secretary for the calendar year 2020 funding + cycle shall provide renewal funding for each public housing + agency based on validated voucher management system (VMS) + leasing and cost data for the prior calendar year and by + applying an inflation factor as established by the Secretary, + by notice published in the Federal Register, and by making any + necessary adjustments for the costs associated with the first- + time renewal of vouchers under this paragraph including tenant + protection and Choice Neighborhoods vouchers: Provided + further, That the Secretary shall, to the extent necessary to + stay within the amount specified under this paragraph (except + as otherwise modified under this paragraph), prorate each + public housing agency's allocation otherwise established + pursuant to this paragraph: Provided further, That except as + provided in the following provisos, the entire amount specified + under this paragraph (except as otherwise modified under this + paragraph) shall be obligated to the public housing agencies + based on the allocation and pro rata method described above, + and the Secretary shall notify public housing agencies of their + annual budget by the latter of 60 days after enactment of this + Act or March 1, 2020: Provided further, That the Secretary may + extend the notification period with the prior written approval + of the House and Senate Committees on Appropriations: Provided + further, That public housing agencies participating in the MTW + demonstration shall be funded pursuant to their MTW agreements + and in accordance with the requirements of the MTW program and + shall be subject to the same pro rata adjustments under the + previous provisos: Provided further, That the Secretary may + offset public housing agencies' calendar year 2020 allocations + based on the excess amounts of public housing agencies' net + restricted assets accounts, including HUD-held programmatic + reserves (in accordance with VMS data in calendar year 2019 + that is verifiable and complete), as determined by the + Secretary: Provided further, That public housing agencies + participating in the MTW demonstration shall also be subject to + the offset, as determined by the Secretary, excluding amounts + subject to the single fund budget authority provisions of their + MTW agreements, from the agencies' calendar year 2020 MTW + funding allocation: Provided further, That the Secretary shall + use any offset referred to in the previous two provisos + throughout the calendar year to prevent the termination of + rental assistance for families as the result of insufficient + funding, as determined by the Secretary, and to avoid or reduce + the proration of renewal funding allocations: Provided + further, That the Secretary may utilize unobligated balances, + including recaptures and carryover, remaining from funds + appropriated under this heading from prior year appropriations + (excluding special purpose vouchers), notwithstanding the + purposes for which such amounts were appropriated, to avoid or + reduce such prorations: Provided further, That up to + $100,000,000 shall be available only: (1) for adjustments in + the allocations for public housing agencies, after application + for an adjustment by a public housing agency that experienced a + significant increase, as determined by the Secretary, in + renewal costs of vouchers resulting from unforeseen + circumstances or from portability under section 8(r) of the + Act; (2) for vouchers that were not in use during the previous + 12-month period in order to be available to meet a commitment + pursuant to section 8(o)(13) of the Act; (3) for adjustments + for costs associated with HUD-Veterans Affairs Supportive + Housing (HUD-VASH) vouchers; (4) for adjustments in the + allocations for public housing agencies that (i) are leasing a + lower-than-average percentage of their authorized vouchers, + (ii) have low amounts of budget authority in their net + restricted assets accounts and HUD-held programmatic reserves, + relative to other agencies, and (iii) are not participating in + the Moving to Work demonstration, to enable such agencies to + lease more vouchers; (5) for public housing agencies that + despite taking reasonable cost savings measures, as determined + by the Secretary, would otherwise be required to terminate + rental assistance for families as a result of insufficient + funding; and (6) for public housing agencies that have + experienced increased costs or loss of units in an area for + which the President declared a disaster under title IV of the + Robert T. Stafford Disaster Relief and Emergency Assistance Act + (42 U.S.C. 5170 et seq.): Provided further, That the Secretary + shall allocate amounts under the previous proviso based on + need, as determined by the Secretary; + (2) $150,000,000 shall be for section 8 rental assistance + for relocation and replacement of housing units that are + demolished or disposed of pursuant to section 18 of the Act, + conversion of section 23 projects to assistance under section + 8, the family unification program under section 8(x) of the + Act, relocation of witnesses in connection with efforts to + combat crime in public and assisted housing pursuant to a + request from a law enforcement or prosecution agency, enhanced + vouchers under any provision of law authorizing such assistance + under section 8(t) of the Act, HOPE VI and Choice Neighborhood + vouchers, mandatory and voluntary conversions, and tenant + protection assistance including replacement and relocation + assistance or for project-based assistance to prevent the + displacement of unassisted elderly tenants currently residing + in section 202 properties financed between 1959 and 1974 that + are refinanced pursuant to Public Law 106-569, as amended, or + under the authority as provided under this Act: Provided, That + when a public housing development is submitted for demolition + or disposition under section 18 of the Act, the Secretary may + provide section 8 rental assistance when the units pose an + imminent health and safety risk to residents: Provided + further, That the Secretary shall provide replacement vouchers + for all units that cease to be available as assisted housing, + subject only to the availability of funds: Provided further, + That of the amounts made available under this paragraph, + $5,000,000 may be available to provide tenant protection + assistance, not otherwise provided under this paragraph, to + residents residing in low vacancy areas and who may have to pay + rents greater than 30 percent of household income, as the + result of: (A) the maturity of a HUD-insured, HUD-held or + section 202 loan that requires the permission of the Secretary + prior to loan prepayment; (B) the expiration of a rental + assistance contract for which the tenants are not eligible for + enhanced voucher or tenant protection assistance under existing + law; or (C) the expiration of affordability restrictions + accompanying a mortgage or preservation program administered by + the Secretary: Provided further, That such tenant protection + assistance made available under the previous proviso may be + provided under the authority of section 8(t) or section + 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. + 1437f(t)): Provided further, That the Secretary shall issue + guidance to implement the previous provisos, including, but not + limited to, requirements for defining eligible at-risk + households within 60 days of the enactment of this Act: + Provided further, That any tenant protection voucher made + available from amounts under this paragraph shall not be + reissued by any public housing agency, except the replacement + vouchers as defined by the Secretary by notice, when the + initial family that received any such voucher no longer + receives such voucher, and the authority for any public housing + agency to issue any such voucher shall cease to exist: + Provided further, That the Secretary may provide section 8 + rental assistance from amounts made available under this + paragraph for units assisted under a project-based subsidy + contract funded under the ``Project-Based Rental Assistance'' + heading under this title where the owner has received a Notice + of Default and the units pose an imminent health and safety + risk to residents: Provided further, That to the extent that + the Secretary determines that such units are not feasible for + continued rental assistance payments or transfer of the subsidy + contract associated with such units to another project or + projects and owner or owners, any remaining amounts associated + with such units under such contract shall be recaptured and + used to reimburse amounts used under this paragraph for rental + assistance under the preceding proviso; + (3) $1,925,000,000 shall be for administrative and other + expenses of public housing agencies in administering the + section 8 tenant-based rental assistance program, of which up + to $30,000,000 shall be available to the Secretary to allocate + to public housing agencies that need additional funds to + administer their section 8 programs, including fees associated + with section 8 tenant protection rental assistance, the + administration of disaster related vouchers, HUD-VASH vouchers, + and other special purpose incremental vouchers: Provided, That + no less than $1,895,000,000 of the amount provided in this + paragraph shall be allocated to public housing agencies for the + calendar year 2020 funding cycle based on section 8(q) of the + Act (and related Appropriation Act provisions) as in effect + immediately before the enactment of the Quality Housing and + Work Responsibility Act of 1998 (Public Law 105-276): Provided + further, That if the amounts made available under this + paragraph are insufficient to pay the amounts determined under + the previous proviso, the Secretary may decrease the amounts + allocated to agencies by a uniform percentage applicable to all + agencies receiving funding under this paragraph or may, to the + extent necessary to provide full payment of amounts determined + under the previous proviso, utilize unobligated balances, + including recaptures and carryovers, remaining from funds + appropriated to the Department of Housing and Urban Development + under this heading from prior fiscal years, excluding special + purpose vouchers, notwithstanding the purposes for which such + amounts were appropriated: Provided further, That all public + housing agencies participating in the MTW demonstration shall + be funded pursuant to their MTW agreements and in accordance + with the requirements of the MTW program, and shall be subject + to the same uniform percentage decrease as under the previous + proviso: Provided further, That amounts provided under this + paragraph shall be only for activities related to the provision + of tenant-based rental assistance authorized under section 8, + including related development activities; + (4) $225,000,000 shall be for the renewal of tenant-based + assistance contracts under section 811 of the Cranston-Gonzalez + National Affordable Housing Act (42 U.S.C. 8013), including + necessary administrative expenses: Provided, That + administrative and other expenses of public housing agencies in + administering the special purpose vouchers in this paragraph + shall be funded under the same terms and be subject to the same + pro rata reduction as the percent decrease for administrative + and other expenses to public housing agencies under paragraph + (3) of this heading: + (5) $5,000,000 shall be for rental assistance and + associated administrative fees for Tribal HUD-VASH to serve + Native American veterans that are homeless or at-risk of + homelessness living on or near a reservation or other Indian + areas: Provided, That such amount shall be made available for + renewal grants to recipients that received assistance under + prior Acts under the Tribal HUD-VASH program: Provided + further, That the Secretary shall be authorized to specify + criteria for renewal grants, including data on the utilization + of assistance reported by grant recipients: Provided further, + That any amounts remaining after such renewal assistance is + awarded may be available for new grants to recipients eligible + to receive block grants under the Native American Housing + Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 + et seq.) for rental assistance and associated administrative + fees for Tribal HUD-VASH to serve Native American veterans that + are homeless or at-risk of homelessness living on or near a + reservation or other Indian areas: Provided further, That + funds shall be awarded based on need, and administrative + capacity established by the Secretary in a Notice published in + the Federal Register after coordination with the Secretary of + the Department of Veterans Affairs: Provided further, That + renewal grants and new grants under this paragraph shall be + administered in accordance with program requirements under the + Native American Housing Assistance and Self-Determination Act + of 1996 and modeled after the HUD-VASH program: Provided + further, That the Secretary shall be authorized to waive, or + specify alternative requirements for any provision of any + statute or regulation that the Secretary administers in + connection with the use of funds made available under this + paragraph (except for requirements related to fair housing, + nondiscrimination, labor standards, and the environment), upon + a finding by the Secretary that any such waivers or alternative + requirements are necessary for the effective delivery and + administration of such assistance: Provided further, That + grant recipients shall report to the Secretary on utilization + of such rental assistance and other program data, as prescribed + by the Secretary: Provided further, That the Secretary may + reallocate, as determined by the Secretary, amounts returned or + recaptured from awards under prior Acts; + (6) $40,000,000 (increased by $2,000,000) for incremental + rental voucher assistance for use through a supported housing + program administered in conjunction with the Department of + Veterans Affairs as authorized under section 8(o)(19) of the + United States Housing Act of 1937: Provided, That the + Secretary of Housing and Urban Development shall make such + funding available, notwithstanding section 203 (competition + provision) of this title, to public housing agencies that + partner with eligible VA Medical Centers or other entities as + designated by the Secretary of the Department of Veterans + Affairs, based on geographical need for such assistance as + identified by the Secretary of the Department of Veterans + Affairs, public housing agency administrative performance, and + other factors as specified by the Secretary of Housing and + Urban Development in consultation with the Secretary of the + Department of Veterans Affairs: Provided further, That the + Secretary of Housing and Urban Development may waive, or + specify alternative requirements for (in consultation with the + Secretary of the Department of Veterans Affairs), any provision + of any statute or regulation that the Secretary of Housing and + Urban Development administers in connection with the use of + funds made available under this paragraph (except for + requirements related to fair housing, nondiscrimination, labor + standards, and the environment), upon a finding by the + Secretary that any such waivers or alternative requirements are + necessary for the effective delivery and administration of such + voucher assistance: Provided further, That assistance made + available under this paragraph shall continue to remain + available for homeless veterans upon turn-over; + (7) $40,000,000 shall be made available for new incremental + voucher assistance through the family unification program as + authorized by section 8(x) of the Act: Provided, That the + assistance made available under this paragraph shall continue + to remain available for family unification upon turnover: + Provided further, That for any public housing agency + administering voucher assistance appropriated in a prior Act + under the family unification program that determines that it no + longer has an identified need for such assistance upon + turnover, such agency shall notify the Secretary, and the + Secretary shall recapture such assistance from the agency and + reallocate it to any other public housing agency or agencies + based on need for voucher assistance in connection with such + program: Provided further, That of the amounts made available + under this paragraph, up to $20,000,000 shall be for assistance + for youth under section 8(x) of the Act: Provided further, + That notwithstanding other laws, the Secretary shall, subject + only to the availability of funds, allocate such assistance to + any public housing agencies that (1) administer assistance + under section 8(x), or seek to administer such assistance, + consistent with procedures established by the Secretary, and + (2) have requested such assistance so that they may provide + timely assistance to eligible youth: Provided further, That + public housing agencies shall not reissue any assistance made + available from amounts under this paragraph when the initial + youth that received any such assistance no longer receives it, + unless approved by the Secretary; + (8) $25,000,000 shall be made available for the mobility + demonstration authorized under section 235 of division G of the + Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note; + Public Law 116-6; 133 Stat. 465), of which up to $5,000,000 + shall be for new incremental voucher assistance and the + remainder of which shall be available to provide mobility- + related services to families with children, including pre- and + post-move counseling and rent deposits, and to offset the + administrative costs of operating the mobility demonstration: + Provided, That incremental voucher assistance made available + under this paragraph shall be for families with children + participating in the mobility demonstration and shall continue + to remain available for families with children upon turnover: + Provided further, That for any public housing agency + administering voucher assistance under the mobility + demonstration that determines that it no longer has an + identified need for such assistance upon turnover, such agency + shall notify the Secretary, and the Secretary shall recapture + such assistance from the agency and reallocate it to any other + public housing agency or agencies based on need for voucher + assistance in connection with such demonstration; and + (9) the Secretary shall separately track all special + purpose vouchers funded under this heading. + + housing certificate fund + + (including rescissions) + + Unobligated balances, including recaptures and carryover, remaining +from funds appropriated to the Department of Housing and Urban +Development under this heading, the heading ``Annual Contributions for +Assisted Housing'' and the heading ``Project-Based Rental Assistance'', +for fiscal year 2020 and prior years may be used for renewal of or +amendments to section 8 project-based contracts and for performance- +based contract administrators, notwithstanding the purposes for which +such funds were appropriated: Provided, That any obligated balances of +contract authority from fiscal year 1974 and prior that have been +terminated shall be rescinded: Provided further, That amounts +heretofore recaptured, or recaptured during the current fiscal year, +from section 8 project-based contracts from source years fiscal year +1975 through fiscal year 1987 are hereby rescinded, and an amount of +additional new budget authority, equivalent to the amount rescinded is +hereby appropriated, to remain available until expended, for the +purposes set forth under this heading, in addition to amounts otherwise +available. + + public housing capital fund + + For the Public Housing Capital Fund Program to carry out capital +and management activities for public housing agencies, as authorized +under section 9 of the United States Housing Act of 1937 (42 U.S.C. +1437g) (the ``Act'') $2,855,057,000, to remain available until +September 30, 2023: Provided, That the amounts made available under +this heading are provided as follows-- + (1) notwithstanding any other provision of law or + regulation, during fiscal year 2020, the Secretary of Housing + and Urban Development may not delegate to any Department + official other than the Deputy Secretary and the Assistant + Secretary for Public and Indian Housing any authority under + paragraph (2) of section 9(j) regarding the extension of the + time periods under such section: Provided further, That for + purposes of such section 9(j), the term ``obligate'' means, + with respect to amounts, that the amounts are subject to a + binding agreement that will result in outlays, immediately or + in the future; + (2) $28,000,000 shall be to support ongoing public housing + financial and physical assessment activities, pilot a new + physical inspection process, and implement the recommendations + made in the March 2019 Government Accountability Office (GAO) + report ``Real Estate Inspection Center: HUD should Improve + Physical Inspection Process and Oversight of Inspectors'' (GAO- + 19-254); + (3) up to $16,000,000 shall be to support the costs of + administrative and judicial receiverships; + (4) not to exceed $30,000,000 shall be available for the + Secretary to make grants, notwithstanding section 203 of this + Act, to public housing agencies for emergency capital needs + including safety and security measures necessary to address + crime and drug-related activity as well as needs resulting from + unforeseen or unpreventable emergencies and natural disasters + excluding Presidentially declared emergencies and natural + disasters under the Robert T. Stafford Disaster Relief and + Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year + 2020: Provided further, That of the amount made available under + this paragraph, not less than $10,000,000 shall be for safety + and security measures: Provided further, That in addition to + the amount in the previous proviso for such safety and security + measures, any amounts that remain available, after all + applications received on or before September 30, 2021, for + emergency capital needs have been processed, shall be allocated + to public housing agencies for such safety and security + measures; + (5) Provided further, That for funds provided under this + heading, the limitation in section 9(g)(1) of the Act shall be + 25 percent: Provided further, That the Secretary may waive the + limitation in the previous proviso to allow public housing + agencies to fund activities authorized under section 9(e)(1)(C) + of the Act: Provided further, That the Secretary shall notify + public housing agencies requesting waivers under the previous + proviso if the request is approved or denied within 14 days of + submitting the request: Provided further, That from the funds + made available under this heading, the Secretary shall provide + bonus awards in fiscal year 2020 to public housing agencies + that are designated high performers: Provided further, That the + Department shall notify public housing agencies of their + formula allocation within 60 days of enactment of this Act; + (6) $25,000,000 shall be available for competitive grants + to public housing agencies to evaluate and reduce lead-based + paint hazards in public housing by carrying out the activities + of risk assessments, abatement, and interim controls (as those + terms are defined in section 1004 of the Residential Lead-Based + Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)): Provided + further, That for purposes of environmental review, a grant + under this paragraph shall be considered funds for projects or + activities under title I of the United States Housing Act of + 1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of + such Act (42 U.S.C. 1437x) and shall be subject to the + regulations implementing such section; and + (7) $25,000,000 shall be available for competitive grants + to public housing agencies for activities authorized under the + Healthy Homes Initiative, pursuant to sections 501 and 502 of + the Housing and Urban Development Act of 1970, which shall + include research, studies, testing, and demonstration efforts, + including education and outreach concerning mold, carbon + monoxide poisoning, and other housing-related diseases and + hazards. + + public housing operating fund + + For 2020 payments to public housing agencies for the operation and +management of public housing, as authorized by section 9(e) of the +United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,753,116,000, +to remain available until September 30, 2021. + + choice neighborhoods initiative + + For competitive grants under the Choice Neighborhoods Initiative +(subject to section 24 of the United States Housing Act of 1937 (42 +U.S.C. 1437v), unless otherwise specified under this heading), for +transformation, rehabilitation, and replacement housing needs of both +public and HUD-assisted housing and to transform neighborhoods of +poverty into functioning, sustainable mixed income neighborhoods with +appropriate services, schools, public assets, transportation and access +to jobs, $300,000,000, to remain available until September 30, 2023: +Provided, That grant funds may be used for resident and community +services, community development, and affordable housing needs in the +community, and for conversion of vacant or foreclosed properties to +affordable housing: Provided further, That the use of funds made +available under this heading shall not be deemed to be public housing +notwithstanding section 3(b)(1) of such Act: Provided further, That +grantees shall commit to an additional period of affordability +determined by the Secretary of not fewer than 20 years: Provided +further, That grantees shall provide a match in State, local, other +Federal or private funds: Provided further, That grantees may include +local governments, tribal entities, public housing authorities, and +nonprofits: Provided further, That for-profit developers may apply +jointly with a public entity: Provided further, That for purposes of +environmental review, a grantee shall be treated as a public housing +agency under section 26 of the United States Housing Act of 1937 (42 +U.S.C. 1437x), and grants under this heading shall be subject to the +regulations issued by the Secretary to implement such section: +Provided further, That of the amount provided, not less than +$150,000,000 shall be awarded to public housing agencies: Provided +further, That such grantees shall create partnerships with other local +organizations including assisted housing owners, service agencies, and +resident organizations: Provided further, That the Secretary shall +consult with the Secretaries of Education, Labor, Transportation, +Health and Human Services, Agriculture, and Commerce, the Attorney +General, and the Administrator of the Environmental Protection Agency +to coordinate and leverage other appropriate Federal resources: +Provided further, That no more than $5,000,000 of funds made available +under this heading may be provided as grants to undertake comprehensive +local planning with input from residents and the community: Provided +further, That unobligated balances, including recaptures, remaining +from funds appropriated under the heading ``Revitalization of Severely +Distressed Public Housing (HOPE VI)'' in fiscal year 2011 and prior +fiscal years may be used for purposes under this heading, +notwithstanding the purposes for which such amounts were appropriated: +Provided further, That the Secretary shall issue the Notice of Funding +Availability for funds made available under this heading no later than +120 days after enactment of this Act: Provided further, That the +Secretary shall make grant awards no later than one year from the date +of enactment of this Act in such amounts that the Secretary determines: + Provided further, That notwithstanding section 24(o) of the United +States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, +until September 30, 2023, obligate any available unobligated balances +made available under this heading in this, or any prior Act. + + self-sufficiency programs + + For activities and assistance related to Self-Sufficiency Programs, +to remain available until September 30, 2023, $150,000,000 (increased +by $5,000,000): Provided, That the amounts made available under this +heading are provided as follows-- + (1) $100,000,000 (increased by $5,000,000) shall be for the + Family Self-Sufficiency program to support family self- + sufficiency coordinators under section 23 of the United States + Housing Act of 1937 (42 U.S.C. 1437u), to promote the + development of local strategies to coordinate the use of + assistance under sections 8 and 9 of such Act with public and + private resources, and enable eligible families to achieve + economic independence and self-sufficiency: Provided, That the + Secretary may, by Federal Register notice, waive or specify + alternative requirements under subsections (b)(3), (b)(4), + (b)(5), or (c)(1) of section 23 of such Act in order to + facilitate the operation of a unified self-sufficiency program + for individuals receiving assistance under different provisions + of the Act, as determined by the Secretary: Provided further, + That owners of a privately owned multifamily property with a + section 8 contract may voluntarily make a Family Self- + Sufficiency program available to the assisted tenants of such + property in accordance with procedures established by the + Secretary: Provided further, That such procedures established + pursuant to the previous proviso shall permit participating + tenants to accrue escrow funds in accordance with section + 23(d)(2) and shall allow owners to use funding from residual + receipt accounts to hire coordinators for their own Family + Self-Sufficiency program; + (2) $35,000,000 shall be for the Resident Opportunity and + Self-Sufficiency program to provide for supportive services, + service coordinators, and congregate services as authorized by + section 34 of the United States Housing Act of 1937 (42 U.S.C. + 1437z-6) and the Native American Housing Assistance and Self- + Determination Act of 1996 (25 U.S.C. 4101 et seq.); and + (3) $15,000,000 shall be for a Jobs-Plus initiative, + modeled after the Jobs-Plus demonstration: Provided, That + funding provided under this paragraph shall be available for + competitive grants to partnerships between public housing + authorities, local workforce investment boards established + under section 107 of the Workforce Innovation and Opportunity + Act of 2014 (29 U.S.C. 3122), and other agencies and + organizations that provide support to help public housing + residents obtain employment and increase earnings: Provided + further, That applicants must demonstrate the ability to + provide services to residents, partner with workforce + investment boards, and leverage service dollars: Provided + further, That the Secretary may allow public housing agencies + to request exemptions from rent and income limitation + requirements under sections 3 and 6 of the United States + Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to + implement the Jobs-Plus program, on such terms and conditions + as the Secretary may approve upon a finding by the Secretary + that any such waivers or alternative requirements are necessary + for the effective implementation of the Jobs-Plus initiative as + a voluntary program for residents: Provided further, That the + Secretary shall publish by notice in the Federal Register any + waivers or alternative requirements pursuant to the preceding + proviso no later than 10 days before the effective date of such + notice: Provided further, That for funds provided under this + paragraph, the limitation in section 9(g)(1) of the United + States Housing Act of 1937 shall be 25 percent: Provided + further, That the Secretary may waive the limitation in the + previous proviso to allow public housing agencies to fund + activities authorized under section 9(e)(1)(C) of such Act: + Provided further, That the Secretary shall notify public + housing agencies requesting waivers under the previous proviso + if the request is approved or denied within 14 days of + submitting the request: Provided further, That from the funds + made available under this heading, the Secretary shall provide + bonus awards in fiscal year 2020 to public housing agencies + that are designated high performers: Provided further, That the + Department shall notify public housing agencies of their + formula allocation within 60 days of enactment of this Act. + + native american programs + + (including transfer of funds) + + For activities and assistance authorized under title I of the +Native American Housing Assistance and Self-Determination Act of 1996 +(NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing and +Community Development Act of 1974 with respect to Indian tribes (42 +U.S.C. 5306(a)(1)), and related training and technical assistance, +$855,000,000 (increased by $5,000,000), to remain available until +September 30, 2024, unless otherwise specified: Provided, That amounts +made available under this heading are provided as follows-- + (1) $671,000,000 shall be for the Native American Housing + Block Grants program, as authorized under title I of NAHASDA: + Provided, That, notwithstanding NAHASDA, to determine the + amount of the allocation under title I of such Act for each + Indian tribe, the Secretary shall apply the formula under + section 302 of such Act with the need component based on + single-race census data and with the need component based on + multi-race census data, and the amount of the allocation for + each Indian tribe shall be the greater of the two resulting + allocation amounts: Provided further, That the Department + shall notify grantees of their formula allocation within 60 + days of the date of enactment of this Act; + (2) $2,000,000 shall be for the cost of guaranteed notes + and other obligations, as authorized by title VI of NAHASDA: + Provided, That such costs, including the costs of modifying + such notes and other obligations, shall be as defined in + section 502 of the Congressional Budget Act of 1974, as + amended: Provided further, That these funds are available to + subsidize the total principal amount of any notes and other + obligations, any part of which is to be guaranteed, not to + exceed $32,000,000; + (3) $100,000,000 shall be for competitive grants under the + Native American Housing Block Grants program, as authorized + under title I of NAHASDA: Provided, That the Secretary shall + obligate this additional amount for competitive grants to + eligible recipients authorized under NAHASDA that apply for + funds: Provided further, That in awarding this additional + amount, the Secretary shall consider need and administrative + capacity, and shall give priority to projects that will spur + construction and rehabilitation: Provided further, That a + grant funded pursuant to this paragraph shall be not greater + than $10,000,000: Provided further, That up to 1 percent of + this additional amount may be transferred, in aggregate, to the + Office of Public and Indian Housing under paragraph (1) of the + heading ``Program Office Salaries and Expenses'' for necessary + costs of administering and overseeing the obligation and + expenditure of this additional amount: Provided further, That + any funds transferred pursuant to this paragraph shall remain + available until September 30, 2025; + (4) $75,000,000 (increased by $5,000,000) shall be for + grants to Indian tribes for carrying out the Indian Community + Development Block Grant program under title I of the Housing + and Community Development Act of 1974, notwithstanding section + 106(a)(1) of such Act, of which, notwithstanding any other + provision of law (including section 203 of this Act), up to + $5,000,000 may be used for emergencies that constitute imminent + threats to health and safety: Provided, That not to exceed 20 + percent of any grant made with funds appropriated under this + paragraph shall be expended for planning and management + development and administration: Provided further, That funds + provided under this paragraph shall remain available until + September 30, 2022; and + (5) $7,000,000 shall be for providing training and + technical assistance to Indian tribes, Indian housing + authorities and tribally designated housing entities, to + support the inspection of Indian housing units, contract + expertise, and for training and technical assistance related to + funding provided under this heading and other headings under + this Act for the needs of Native American families and Indian + country: Provided, That of the funds made available under this + paragraph, not less than $2,000,000 shall be available for a + national organization as authorized under section 703 of + NAHASDA (25 U.S.C. 4212): Provided further, That + notwithstanding the provisions of the Federal Grant and + Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the + amounts made available under this paragraph may be used by the + Secretary to enter into cooperative agreements with public and + private organizations, agencies, institutions, and other + technical assistance providers to support the administration of + negotiated rulemaking under section 106 of NAHASDA (25 U.S.C. + 4116), the administration of the allocation formula under + section 302 of NAHASDA (25 U.S.C. 4152), and the administration + of performance tracking and reporting under section 407 of + NAHASDA (25 U.S.C. 4167). + + indian housing loan guarantee fund program account + + For the cost of guaranteed loans, as authorized by section 184 of +the Housing and Community Development Act of 1992 (12 U.S.C. 1715z- +13a), $2,500,000, to remain available until expended: Provided, That +such costs, including the costs of modifying such loans, shall be as +defined in section 502 of the Congressional Budget Act of 1974: +Provided further, That these funds are available to subsidize total +loan principal, any part of which is to be guaranteed, up to +$1,000,000,000, to remain available until expended: Provided further, +That up to $500,000 of this amount may be for administrative contract +expenses including management processes and systems to carry out the +loan guarantee program. + + native hawaiian housing block grant + + For the Native Hawaiian Housing Block Grant program, as authorized +under title VIII of the Native American Housing Assistance and Self- +Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,500,000, to +remain available until September 30, 2024: Provided, That +notwithstanding section 812(b) of such Act, the Department of Hawaiian +Home Lands may not invest grant amounts provided under this heading in +investment securities and other obligations: Provided further, That +amounts made available under this heading in this and prior fiscal +years may be used to provide rental assistance to eligible Native +Hawaiian families both on and off the Hawaiian Home Lands, +notwithstanding any other provision of law. + + Community Planning and Development + + housing opportunities for persons with aids + + For carrying out the Housing Opportunities for Persons with AIDS +program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. +12901 et seq.), $410,000,000, to remain available until September 30, +2021, except that amounts allocated pursuant to section 854(c)(5) of +such Act shall remain available until September 30, 2022: Provided, +That the Secretary shall renew all expiring contracts for permanent +supportive housing that initially were funded under section 854(c)(5) +of such Act from funds made available under this heading in fiscal year +2010 and prior fiscal years that meet all program requirements before +awarding funds for new contracts under such section: Provided further, +That the Department shall notify grantees of their formula allocation +within 60 days of enactment of this Act. + + community development fund + + For carrying out the community development block grant program +under title I of the Housing and Community Development Act of 1974, as +amended (42 U.S.C. 5301 et seq.)(``the Act'' herein), $3,600,000,000, +to remain available until September 30, 2022, unless otherwise +specified: Provided, That unless explicitly provided for under this +heading, not to exceed 20 percent of any grant made with funds +appropriated under this heading shall be expended for planning and +management development and administration: Provided further, That a +metropolitan city, urban county, unit of general local government, or +insular area that directly or indirectly receives funds under this +heading may not sell, trade, or otherwise transfer all or any portion +of such funds to another such entity in exchange for any other funds, +credits or non-Federal considerations, but must use such funds for +activities eligible under title I of the Act: Provided further, That +notwithstanding section 105(e)(1) of the Act, no funds provided under +this heading may be provided to a for-profit entity for an economic +development project under section 105(a)(17) unless such project has +been evaluated and selected in accordance with guidelines required +under subsection (e)(2): Provided further, That the Department shall +notify grantees of their formula allocation within 60 days of enactment +of this Act. + + community development loan guarantees program account + + Subject to section 502 of the Congressional Budget Act of 1974, +during fiscal year 2020, commitments to guarantee loans under section +108 of the Housing and Community Development Act of 1974 (42 U.S.C. +5308), any part of which is guaranteed, shall not exceed a total +principal amount of $300,000,000, notwithstanding any aggregate +limitation on outstanding obligations guaranteed in subsection (k) of +such section 108: Provided, That the Secretary shall collect fees from +borrowers, notwithstanding subsection (m) of such section 108, to +result in a credit subsidy cost of zero for guaranteeing such loans, +and any such fees shall be collected in accordance with section 502(7) +of the Congressional Budget Act of 1974: Provided further, That such +commitment authority funded by fees may be used to guarantee, or make +commitments to guarantee, notes or other obligations issued by any +State on behalf of non-entitlement communities in the State in +accordance with the requirements of such section 108: Provided +further, That any State receiving such a guarantee or commitment under +the previous proviso shall distribute all funds subject to such +guarantee to the units of general local government in nonentitlement +areas that received the commitment. + + home investment partnerships program + + For the HOME Investment Partnerships program, as authorized under +title II of the Cranston-Gonzalez National Affordable Housing Act, as +amended, $1,750,000,000, to remain available until September 30, 2023: +Provided, That notwithstanding the amount made available under this +heading, the threshold reduction requirements in sections 216(10) and +217(b)(4) of such Act (42 U.S.C. 12746(10), 12747(b)(4)) shall not +apply to allocations of such amount: Provided further, That the +Department shall notify grantees of their formula allocation within 60 +days of enactment of this Act: Provided further, That section 218(g) +of such Act (42 U.S.C. 12748(g)) shall not apply with respect to the +right of a jurisdiction to draw funds from its HOME Investment Trust +Fund that otherwise expired or would expire in 2016, 2017, 2018, 2019, +2020, 2021, or 2022 under that section: Provided further, That section +231(b) of such Act (42 U.S.C. 12771(b)) shall not apply to any +uninvested funds that otherwise were deducted or would be deducted from +the line of credit in the participating jurisdiction's HOME Investment +Trust Fund in 2018, 2019, 2020, 2021, or 2022 under that section and +the funds shall be invested only in housing to be developed, sponsored, +or owned by community housing development organizations. + + self-help and assisted homeownership opportunity program + + For the Self-Help and Assisted Homeownership Opportunity Program, +as authorized under section 11 of the Housing Opportunity Program +Extension Act of 1996, as amended, $55,000,000, to remain available +until September 30, 2022: Provided, That of the total amount provided +under this heading, $10,000,000 shall be made available to the Self- +Help Homeownership Opportunity Program as authorized under section 11 +of the Housing Opportunity Program Extension Act of 1996, as amended: +Provided further, That of the total amount provided under this heading, +$40,000,000 shall be made available for the second, third, and fourth +capacity building activities authorized under section 4(a) of the HUD +Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than +$5,000,000 shall be made available for rural capacity building +activities: Provided further, That of the total amount provided under +this heading, $5,000,000 shall be made available for capacity building +by national rural housing organizations with experience assessing +national rural conditions and providing financing, training, technical +assistance, information, and research to local nonprofits, local +governments, and Indian Tribes serving high need rural communities. + + homeless assistance grants + + For the Emergency Solutions Grants program as authorized under +subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, +as amended; the Continuum of Care program as authorized under subtitle +C of title IV of such Act; and the Rural Housing Stability Assistance +program as authorized under subtitle D of title IV of such Act, +$2,800,000,000 (increased by $5,000,000) (reduced by $1,000,000) +(increased by $1,000,000) (increased by $1,000,000), to remain +available until September 30, 2022: Provided, That not less than +$290,000,000 of the funds appropriated under this heading shall be +available for such Emergency Solutions Grants program: Provided +further, That not less than $2,344,000,000 of the funds appropriated +under this heading shall be available for such Continuum of Care and +Rural Housing Stability Assistance programs: Provided further, That of +the amounts made available under this heading, up to $50,000,000 shall +be made available for grants for rapid re-housing projects and +supportive service projects providing coordinated entry, and for +eligible activities the Secretary determines to be critical in order to +assist survivors of domestic violence, sexual assault, dating violence, +and stalking: Provided further, That such projects shall be eligible +for renewal under the continuum of care program subject to the same +terms and conditions as other renewal applicants: Provided further, +That up to $7,000,000 of the funds appropriated under this heading +shall be available for the national homeless data analysis project: +Provided further, That for all match requirements applicable to funds +made available under this heading for this fiscal year and prior fiscal +years, a grantee may use (or could have used) as a source of match +funds other funds administered by the Secretary and other Federal +agencies unless there is (or was) a specific statutory prohibition on +any such use of any such funds: Provided further, That none of the +funds provided under this heading shall be available to provide funding +for new projects, except for projects created through reallocation, +unless the Secretary determines that the continuum of care has +demonstrated that projects are evaluated and ranked based on the degree +to which they improve the continuum of care's system performance: +Provided further, That the Secretary shall prioritize funding under the +Continuum of Care program to continuums of care that have demonstrated +a capacity to reallocate funding from lower performing projects to +higher performing projects: Provided further, That all awards of +assistance under this heading shall be required to coordinate and +integrate homeless programs with other mainstream health, social +services, and employment programs for which homeless populations may be +eligible: Provided further, That any unobligated amounts remaining +from funds appropriated under this heading in fiscal year 2012 and +prior years for project-based rental assistance for rehabilitation +projects with 10-year grant terms may be used for purposes under this +heading, notwithstanding the purposes for which such funds were +appropriated: Provided further, That all balances for Shelter Plus +Care renewals previously funded from the Shelter Plus Care Renewal +account and transferred to this account shall be available, if +recaptured, for Continuum of Care renewals in fiscal year 2020: +Provided further, That the Department shall notify grantees of their +formula allocation from amounts allocated (which may represent initial +or final amounts allocated) for the Emergency Solutions Grant program +within 60 days of enactment of this Act: Provided further, That up to +$100,000,000 (increased by $5,000,000) of the funds appropriated under +this heading shall be to implement projects to demonstrate how a +comprehensive approach to serving homeless youth, age 24 and under, in +up to 25 communities can dramatically reduce youth homelessness: +Provided further, That of the amount made available under the previous +proviso, up to $10,000,000 (increased by $5,000,000) shall be available +to provide technical assistance on improving system responses to youth +homelessness, and collection, analysis, use, and reporting of data and +performance measures under the comprehensive approaches to serve +homeless youth, in addition to and in coordination with other technical +assistance funds provided under this title: Provided further, That the +Secretary may use up to 10 percent of the amount made available under +the previous proviso to build the capacity of current technical +assistance providers or to train new technical assistance providers +with verifiable prior experience with systems and programs for youth +experiencing homelessness: Provided further, That such projects shall +be eligible for renewal under the continuum of care program subject to +the same terms and conditions as other renewal applicants: Provided +further, That youth aged 24 and under seeking assistance under this +heading shall not be required to provide third party documentation to +establish their eligibility under 42 U.S.C. 11302(a) or (b) to receive +services: Provided further, That unaccompanied youth aged 24 and under +or families headed by youth aged 24 and under who are living in unsafe +situations may be served by youth-serving providers funded under this +heading: Provided further, That the Secretary shall consider and award +projects based solely on the selection criteria from the fiscal year +2018 Notice of Funding Availability. + + Housing Programs + + project-based rental assistance + + For activities and assistance for the provision of project-based +subsidy contracts under the United States Housing Act of 1937 (42 +U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, +$12,190,000,000, to remain available until expended, shall be available +on October 1, 2019 (in addition to the $400,000,000 previously +appropriated under this heading that became available October 1, 2019), +and $400,000,000, to remain available until expended, shall be +available on October 1, 2020: Provided, That the amounts made +available under this heading shall be available for expiring or +terminating section 8 project-based subsidy contracts (including +section 8 moderate rehabilitation contracts), for amendments to section +8 project-based subsidy contracts (including section 8 moderate +rehabilitation contracts), for contracts entered into pursuant to +section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. +11401), for renewal of section 8 contracts for units in projects that +are subject to approved plans of action under the Emergency Low Income +Housing Preservation Act of 1987 or the Low-Income Housing Preservation +and Resident Homeownership Act of 1990, and for administrative and +other expenses associated with project-based activities and assistance +funded under this paragraph: Provided further, That of the total +amounts provided under this heading, not to exceed $345,000,000 shall +be available for performance-based contract administrators for section +8 project-based assistance, for carrying out 42 U.S.C. 1437(f): +Provided further, That the Secretary may also use such amounts in the +previous proviso for performance-based contract administrators for the +administration of: interest reduction payments pursuant to section +236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent +supplement payments pursuant to section 101 of the Housing and Urban +Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental +assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental +assistance contracts for the elderly under section 202(c)(2) of the +Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance +contracts for supportive housing for persons with disabilities under +section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing +Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to +section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. +667); and loans under section 202 of the Housing Act of 1959 (Public +Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured +under this heading, the heading ``Annual Contributions for Assisted +Housing'', or the heading ``Housing Certificate Fund'', may be used for +renewals of or amendments to section 8 project-based contracts or for +performance-based contract administrators, notwithstanding the purposes +for which such amounts were appropriated: Provided further, That, +notwithstanding any other provision of law, upon the request of the +Secretary, project funds that are held in residual receipts accounts +for any project subject to a section 8 project-based Housing Assistance +Payments contract that authorizes HUD or a Housing Finance Agency to +require that surplus project funds be deposited in an interest-bearing +residual receipts account and that are in excess of an amount to be +determined by the Secretary, shall be remitted to the Department and +deposited in this account, to be available until expended: Provided +further, That amounts deposited pursuant to the previous proviso shall +be available in addition to the amount otherwise provided by this +heading for uses authorized under this heading. + + housing for the elderly + + For capital advances, including amendments to capital advance +contracts, for housing for the elderly, as authorized by section 202 of +the Housing Act of 1959, as amended, for project rental assistance for +the elderly under section 202(c)(2) of such Act, including amendments +to contracts for such assistance and renewal of expiring contracts for +such assistance for up to a 1-year term, for senior preservation rental +assistance contracts, including renewals, as authorized by section +811(e) of the American Housing and Economic Opportunity Act of 2000, as +amended, and for supportive services associated with the housing, +$803,000,000 (increased by $1,000,000), to remain available until +September 30, 2023: Provided, That of the amount provided under this +heading, up to $95,000,000 shall be for service coordinators and the +continuation of existing congregate service grants for residents of +assisted housing projects: Provided further, That amounts under this +heading shall be available for Real Estate Assessment Center +inspections and inspection-related activities associated with section +202 projects: Provided further, That the Secretary may waive the +provisions of section 202 governing the terms and conditions of project +rental assistance, except that the initial contract term for such +assistance shall not exceed 5 years in duration: Provided further, +That upon request of the Secretary, project funds that are held in +residual receipts accounts for any project subject to a section 202 +project rental assistance contract and, upon termination of such +contract, are in excess of an amount to be determined by the Secretary +shall be remitted to the Department and deposited in this account, to +remain available until September 30, 2023: Provided further, That +amounts deposited in this account pursuant to the previous proviso +shall be available, in addition to the amounts otherwise provided by +this heading, for amendments and renewals: Provided further, That +unobligated balances, including recaptures and carryover, remaining +from funds transferred to or appropriated under this heading shall be +available for amendments and renewals in addition to the purposes for +which such funds originally were appropriated: Provided further, That +of the total amount provided under this heading, $10,000,000, shall be +for a program to be established by the Secretary to make grants to +experienced non-profit organizations, States, local governments, or +public housing agencies for safety and functional home modification +repairs to meet the needs of low-income elderly persons to enable them +to remain in their primary residence: Provided further, That of the +total amount made available under the previous proviso, no less than +$5,000,000 shall be available to meet such needs in communities with +substantial rural populations. + + housing for persons with disabilities + + For capital advances, including amendments to capital advance +contracts, for supportive housing for persons with disabilities, as +authorized by section 811 of the Cranston-Gonzalez National Affordable +Housing Act (42 U.S.C. 8013), as amended, for project rental assistance +for supportive housing for persons with disabilities under section +811(d)(2) of such Act, for project assistance contracts pursuant to +section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. +667), including amendments to contracts for such assistance and renewal +of expiring contracts for such assistance for up to a 1-year term, for +project rental assistance to State housing finance agencies and other +appropriate entities as authorized under section 811(b)(3) of the +Cranston-Gonzalez National Housing Act, and for supportive services +associated with the housing for persons with disabilities as authorized +by section 811(b)(1) of such Act, $258,510,000, to remain available +until September 30, 2023: Provided, That amounts made available under +this heading shall be available for Real Estate Assessment Center +inspections and inspection-related activities associated with section +811 projects: Provided further, That, upon the request of the +Secretary, project funds that are held in residual receipts accounts +for any project subject to a section 811 project rental assistance +contract and, upon termination of such contract, are in excess of an +amount to be determined by the Secretary shall be remitted to the +Department and deposited in this account, to remain available until +September 30, 2023: Provided further, That amounts deposited in this +account pursuant to the previous proviso shall be available in addition +to the amounts otherwise provided by this heading for amendments and +renewals: Provided further, That unobligated balances, including +recaptures and carryover, remaining from funds transferred to or +appropriated under this heading shall be used for amendments and +renewals in addition to the purposes for which such funds originally +were appropriated. + + housing counseling assistance + + For contracts, grants, and other assistance excluding loans, as +authorized under section 106 of the Housing and Urban Development Act +of 1968, as amended, $60,000,000, to remain available until September +30, 2021, including up to $4,500,000 for administrative contract +services: Provided, That grants made available from amounts provided +under this heading shall be awarded within 180 days of enactment of +this Act: Provided further, That funds shall be used for providing +counseling and advice to tenants and homeowners, both current and +prospective, with respect to property maintenance, financial management +or literacy, and such other matters as may be appropriate to assist +them in improving their housing conditions, meeting their financial +needs, and fulfilling the responsibilities of tenancy or homeownership; +for program administration; and for housing counselor training: +Provided further, That for purposes of providing such grants from +amounts provided under this heading, the Secretary may enter into +multiyear agreements, as appropriate, subject to the availability of +annual appropriations. + + rental housing assistance + + For amendments to contracts under section 101 of the Housing and +Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) +of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, +noninsured rental housing projects, $3,000,000, to remain available +until expended: Provided, That such amount, together with unobligated +balances from recaptured amounts appropriated prior to fiscal year 2006 +from terminated contracts under such sections of law, and any +unobligated balances, including recaptures and carryover, remaining +from funds appropriated under this heading after fiscal year 2005, +shall also be available for extensions of up to one year for expiring +contracts under such sections of law. + + payment to manufactured housing fees trust fund + + For necessary expenses as authorized by the National Manufactured +Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 +et seq.), up to $12,400,000 (increased by $500,000), to remain +available until expended, of which $12,400,000 (increased by $500,000) +is to be derived from the Manufactured Housing Fees Trust Fund: +Provided, That not to exceed the total amount appropriated under this +heading shall be available from the general fund of the Treasury to the +extent necessary to incur obligations and make expenditures pending the +receipt of collections to the Fund pursuant to section 620 of such Act: + Provided further, That the amount made available under this heading +from the general fund shall be reduced as such collections are received +during fiscal year 2020 so as to result in a final fiscal year 2020 +appropriation from the general fund estimated at zero, and fees +pursuant to such section 620 shall be modified as necessary to ensure +such a final fiscal year 2020 appropriation: Provided further, That +for the dispute resolution and installation programs, the Secretary of +Housing and Urban Development may assess and collect fees from any +program participant: Provided further, That such collections shall be +deposited into the Fund, and the Secretary, as provided herein, may use +such collections, as well as fees collected under section 620, for +necessary expenses of such Act: Provided further, That, +notwithstanding the requirements of section 620 of such Act, the +Secretary may carry out responsibilities of the Secretary under such +Act through the use of approved service providers that are paid +directly by the recipients of their services. + + Federal Housing Administration + + mutual mortgage insurance program account + + New commitments to guarantee single family loans insured under the +Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to +remain available until September 30, 2021: Provided, That during +fiscal year 2020, obligations to make direct loans to carry out the +purposes of section 204(g) of the National Housing Act, as amended, +shall not exceed $1,000,000: Provided further, That the foregoing +amount in the previous proviso shall be for loans to nonprofit and +governmental entities in connection with sales of single family real +properties owned by the Secretary and formerly insured under the Mutual +Mortgage Insurance Fund: Provided further, That for administrative +contract expenses of the Federal Housing Administration, $130,000,000, +to remain available until September 30, 2021: Provided further, That +to the extent guaranteed loan commitments exceed $200,000,000,000 on or +before April 1, 2020, an additional $1,400 for administrative contract +expenses shall be available for each $1,000,000 in additional +guaranteed loan commitments (including a pro rata amount for any amount +below $1,000,000), but in no case shall funds made available by this +proviso exceed $30,000,000: Provided further, That notwithstanding the +limitation in the first sentence of section 255(g) of the National +Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2020 the +Secretary may insure and enter into new commitments to insure mortgages +under section 255 of the National Housing Act only to the extent that +the net credit subsidy cost for such insurance does not exceed zero: +Provided further, That for fiscal year 2020, the Secretary shall not +take any action against a lender solely on the basis of compare ratios +that have been adversely affected by defaults on mortgages secured by +properties in areas where a major disaster was declared in 2017 or 2018 +pursuant to the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5121 et seq.). + + general and special risk program account + + New commitments to guarantee loans insured under the General and +Special Risk Insurance Funds, as authorized by sections 238 and 519 of +the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not +exceed $30,000,000,000 in total loan principal, any part of which is to +be guaranteed, to remain available until September 30, 2021: Provided, +That during fiscal year 2020, gross obligations for the principal +amount of direct loans, as authorized by sections 204(g), 207(l), 238, +and 519(a) of the National Housing Act, shall not exceed $1,000,000, +which shall be for loans to nonprofit and governmental entities in +connection with the sale of single family real properties owned by the +Secretary and formerly insured under such Act. + + Government National Mortgage Association + +guarantees of mortgage-backed securities loan guarantee program account + + New commitments to issue guarantees to carry out the purposes of +section 306 of the National Housing Act, as amended (12 U.S.C. +1721(g)), shall not exceed $550,000,000,000, to remain available until +September 30, 2021: Provided, That $27,000,000, to remain available +until September 30, 2021, shall be for necessary salaries and expenses +of the Office of Government National Mortgage Association: Provided +further, That to the extent that guaranteed loan commitments exceed +$155,000,000,000 on or before April 1, 2020, an additional $100 for +necessary salaries and expenses shall be available until expended for +each $1,000,000 in additional guaranteed loan commitments (including a +pro rata amount for any amount below $1,000,000), but in no case shall +funds made available by this proviso exceed $3,000,000: Provided +further, That receipts from Commitment and Multiclass fees collected +pursuant to title III of the National Housing Act, as amended, shall be +credited as offsetting collections to this account. + + Policy Development and Research + + research and technology + + For contracts, grants, and necessary expenses of programs of +research and studies relating to housing and urban problems, as +authorized by title V of the Housing and Urban Development Act of 1970 +(12 U.S.C. 1701z-1 et seq.), including carrying out the functions of +the Secretary of Housing and Urban Development under section 1(a)(1)(i) +of Reorganization Plan No. 2 of 1968, and for technical assistance, +$98,000,000 (increased by $1,500,000) (reduced by $1,500,000), to +remain available until September 30, 2021: Provided, That the amounts +made available under this heading may be used for the types of research +and studies otherwise provided for and authorized elsewhere under this +title: Provided further, That with respect to amounts made available +under this heading, notwithstanding section 203 of this title, the +Secretary may enter into cooperative agreements funded with +philanthropic entities, other Federal agencies, State or local +governments and their agencies, Indian tribes, tribally designated +housing entities, or colleges or universities for research projects: +Provided further, That with respect to the previous proviso, such +partners to the cooperative agreements must contribute at least a 50 +percent match toward the cost of the project: Provided further, That +for non-competitive agreements entered into in accordance with the +previous two provisos, the Secretary of Housing and Urban Development +shall comply with section 2(b) of the Federal Funding Accountability +and Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in +lieu of compliance with section 102(a)(4)(C) with respect to +documentation of award decisions: Provided further, That prior to +obligation of technical assistance funding, the Secretary shall submit +a plan, for approval, to the House and Senate Committees on +Appropriations on how it will allocate funding for this activity: +Provided further, That none of the funds provided under this heading +may be available for the doctoral dissertation research grant program. + + Fair Housing and Equal Opportunity + + fair housing activities + + For contracts, grants, and other assistance, not otherwise provided +for, as authorized by title VIII of the Civil Rights Act of 1968, as +amended by the Fair Housing Amendments Act of 1988, and section 561 of +the Housing and Community Development Act of 1987, as amended, +$75,300,000, to remain available until September 30, 2021: Provided, +That grants made available from amounts provided under this heading +shall be awarded within 120 days of enactment of this Act: Provided +further, That notwithstanding 31 U.S.C. 3302, the Secretary may assess +and collect fees to cover the costs of the Fair Housing Training +Academy, and may use such funds to develop on-line courses and provide +such training: Provided further, That of the funds made available +under this heading, up to $450,000 shall be available to the Secretary +of Housing and Urban Development for the creation and promotion of +translated materials and other programs that support the assistance of +persons with limited English proficiency in utilizing the services +provided by the Department of Housing and Urban Development. + + Office of Lead Hazard Control and Healthy Homes + + lead hazard reduction + + For the Lead Hazard Reduction Program, as authorized by section +1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, +$290,000,000, to remain available until September 30, 2022, of which +$56,000,000 shall be for the Healthy Homes Initiative, pursuant to +sections 501 and 502 of the Housing and Urban Development Act of 1970, +which shall include research, studies, testing, and demonstration +efforts, including education and outreach concerning lead-based paint +poisoning and other housing-related diseases and hazards: Provided, +That for purposes of environmental review, pursuant to the National +Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other +provisions of law that further the purposes of such Act, a grant under +the Healthy Homes Initiative, or the Lead Technical Studies program +under this heading or under prior appropriations Acts for such purposes +under this heading, shall be considered to be funds for a special +project for purposes of section 305(c) of the Multifamily Housing +Property Disposition Reform Act of 1994: Provided further, That not +less than $95,000,000 of the amounts made available under this heading +for the award of grants pursuant to section 1011 of the Residential +Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to +areas with the highest lead-based paint abatement needs: Provided +further, That of the amount made available for the Healthy Homes +Initiative, $5,000,000 shall be for the implementation of projects in +up to five communities that are served by both the Healthy Homes +Initiative and Department of Energy weatherization programs to +demonstrate whether the coordination of Healthy Homes remediation +activities with weatherization activities achieves cost savings and +better outcomes in improving the safety and quality of homes: Provided +further, That each applicant shall certify adequate capacity that is +acceptable to the Secretary to carry out the proposed use of funds +pursuant to a notice of funding availability: Provided further, That +amounts made available under this heading in this or prior +appropriations Acts, still remaining available, may be used for any +purpose under this heading notwithstanding the purpose for which such +amounts were appropriated if a program competition is undersubscribed +and there are other program competitions under this heading that are +oversubscribed. + + Cybersecurity and Information Technology Fund + + For the mitigation against the exploitation of information +technology systems and personally identifiable information; for the +development, modernization, and enhancement of, modifications to, and +infrastructure for Department-wide and program-specific information +technology systems, and for the continuing operation and maintenance of +both Department-wide and program-specific information systems, and for +program-related maintenance activities, $300,000,000 (reduced by +$5,000,000), to remain available until September 30, 2021, of which +$20,000,000 may be used for single family information technology +systems of the Federal Housing Administration: Provided, That any +amounts transferred to this Fund under this Act shall remain available +until expended: Provided further, That any amounts transferred to this +Fund from amounts appropriated by previously enacted appropriations +Acts may be used for the purposes specified under this Fund, in +addition to any other information technology purposes for which such +amounts were appropriated: Provided further, That not more than 10 +percent of the funds made available under this heading for development, +modernization and enhancement may be obligated until the Secretary +submits to the House and Senate Committees on Appropriations, for +approval, a plan for expenditure that: (A) identifies for each +modernization project: (i) the functional and performance capabilities +to be delivered and the mission benefits to be realized; (ii) the +estimated life-cycle cost; and (iii) key milestones to be met; and (B) +demonstrates that each modernization project is: (i) compliant with the +Department's enterprise architecture; (ii) being managed in accordance +with applicable life-cycle management policies and guidance; (iii) +subject to the Department's capital planning and investment control +requirements; and (iv) supported by an adequately staffed project +office. + + Office of Inspector General + + For necessary salaries and expenses of the Office of Inspector +General in carrying out the Inspector General Act of 1978, as amended, +$132,489,000 (reduced by $2,000,000) (increased by $2,000,000): +Provided, That the Inspector General shall have independent authority +over all personnel issues within this office. + + General Provisions--Department of Housing and Urban Development + + (including transfer of funds) + + (including rescissions) + + Sec. 201. Fifty percent of the amounts of budget authority, or in +lieu thereof 50 percent of the cash amounts associated with such budget +authority, that are recaptured from projects described in section +1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act +of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of +cash, shall be remitted to the Treasury, and such amounts of budget +authority or cash recaptured and not rescinded or remitted to the +Treasury shall be used by State housing finance agencies or local +governments or local housing agencies with projects approved by the +Secretary of Housing and Urban Development for which settlement +occurred after January 1, 1992, in accordance with such section. +Notwithstanding the previous sentence, the Secretary may award up to 15 +percent of the budget authority or cash recaptured and not rescinded or +remitted to the Treasury to provide project owners with incentives to +refinance their project at a lower interest rate. + Sec. 202. None of the amounts made available under this Act may be +used during fiscal year 2020 to investigate or prosecute under the Fair +Housing Act any otherwise lawful activity engaged in by one or more +persons, including the filing or maintaining of a nonfrivolous legal +action, that is engaged in solely for the purpose of achieving or +preventing action by a Government official or entity, or a court of +competent jurisdiction. + Sec. 203. Except as explicitly provided in law, any grant, +cooperative agreement or other assistance made pursuant to title II of +this Act shall be made on a competitive basis and in accordance with +section 102 of the Department of Housing and Urban Development Reform +Act of 1989 (42 U.S.C. 3545). + Sec. 204. Funds of the Department of Housing and Urban Development +subject to the Government Corporation Control Act or section 402 of the +Housing Act of 1950 shall be available, without regard to the +limitations on administrative expenses, for legal services on a +contract or fee basis, and for utilizing and making payment for +services and facilities of the Federal National Mortgage Association, +Government National Mortgage Association, Federal Home Loan Mortgage +Corporation, Federal Financing Bank, Federal Reserve banks or any +member thereof, Federal Home Loan banks, and any insured bank within +the meaning of the Federal Deposit Insurance Corporation Act, as +amended (12 U.S.C. 1811-1). + Sec. 205. Unless otherwise provided for in this Act or through a +reprogramming of funds, no part of any appropriation for the Department +of Housing and Urban Development shall be available for any program, +project or activity in excess of amounts set forth in the budget +estimates submitted to Congress. + Sec. 206. Corporations and agencies of the Department of Housing +and Urban Development which are subject to the Government Corporation +Control Act are hereby authorized to make such expenditures, within the +limits of funds and borrowing authority available to each such +corporation or agency and in accordance with law, and to make such +contracts and commitments without regard to fiscal year limitations as +provided by section 104 of such Act as may be necessary in carrying out +the programs set forth in the budget for 2020 for such corporation or +agency except as hereinafter provided: Provided, That collections of +these corporations and agencies may be used for new loan or mortgage +purchase commitments only to the extent expressly provided for in this +Act (unless such loans are in support of other forms of assistance +provided for in this or prior appropriations Acts), except that this +proviso shall not apply to the mortgage insurance or guaranty +operations of these corporations, or where loans or mortgage purchases +are necessary to protect the financial interest of the United States +Government. + Sec. 207. The Secretary of Housing and Urban Development shall +provide quarterly reports to the House and Senate Committees on +Appropriations regarding all uncommitted, unobligated, recaptured and +excess funds in each program and activity within the jurisdiction of +the Department and shall submit additional, updated budget information +to these Committees upon request. + Sec. 208. The President's formal budget request for fiscal year +2021, as well as the Department of Housing and Urban Development's +congressional budget justifications to be submitted to the Committees +on Appropriations of the House of Representatives and the Senate, shall +use the identical account and sub-account structure provided under this +Act. + Sec. 209. No funds provided under this title may be used for an +audit of the Government National Mortgage Association that makes +applicable requirements under the Federal Credit Reform Act of 1990 (2 +U.S.C. 661 et seq.). + Sec. 210. (a) Notwithstanding any other provision of law, subject +to the conditions listed under this section, for fiscal years 2020 and +2021, the Secretary of Housing and Urban Development may authorize the +transfer of some or all project-based assistance, debt held or insured +by the Secretary and statutorily required low-income and very low- +income use restrictions if any, associated with one or more multifamily +housing project or projects to another multifamily housing project or +projects. + (b) Phased Transfers.--Transfers of project-based assistance under +this section may be done in phases to accommodate the financing and +other requirements related to rehabilitating or constructing the +project or projects to which the assistance is transferred, to ensure +that such project or projects meet the standards under subsection (c). + (c) The transfer authorized in subsection (a) is subject to the +following conditions: + (1) Number and bedroom size of units.-- + (A) For occupied units in the transferring project: + The number of low-income and very low-income units and + the configuration (i.e., bedroom size) provided by the + transferring project shall be no less than when + transferred to the receiving project or projects and + the net dollar amount of Federal assistance provided to + the transferring project shall remain the same in the + receiving project or projects. + (B) For unoccupied units in the transferring + project: The Secretary may authorize a reduction in the + number of dwelling units in the receiving project or + projects to allow for a reconfiguration of bedroom + sizes to meet current market demands, as determined by + the Secretary and provided there is no increase in the + project-based assistance budget authority. + (2) The transferring project shall, as determined by the + Secretary, be either physically obsolete or economically + nonviable. + (3) The receiving project or projects shall meet or exceed + applicable physical standards established by the Secretary. + (4) The owner or mortgagor of the transferring project + shall notify and consult with the tenants residing in the + transferring project and provide a certification of approval by + all appropriate local governmental officials. + (5) The tenants of the transferring project who remain + eligible for assistance to be provided by the receiving project + or projects shall not be required to vacate their units in the + transferring project or projects until new units in the + receiving project are available for occupancy. + (6) The Secretary determines that this transfer is in the + best interest of the tenants. + (7) If either the transferring project or the receiving + project or projects meets the condition specified in subsection + (d)(2)(A), any lien on the receiving project resulting from + additional financing obtained by the owner shall be subordinate + to any FHA-insured mortgage lien transferred to, or placed on, + such project by the Secretary, except that the Secretary may + waive this requirement upon determination that such a waiver is + necessary to facilitate the financing of acquisition, + construction, and/or rehabilitation of the receiving project or + projects. + (8) If the transferring project meets the requirements of + subsection (d)(2), the owner or mortgagor of the receiving + project or projects shall execute and record either a + continuation of the existing use agreement or a new use + agreement for the project where, in either case, any use + restrictions in such agreement are of no lesser duration than + the existing use restrictions. + (9) The transfer does not increase the cost (as defined in + section 502 of the Congressional Budget Act of 1974, as + amended) of any FHA-insured mortgage, except to the extent that + appropriations are provided in advance for the amount of any + such increased cost. + (d) For purposes of this section-- + (1) the terms ``low-income'' and ``very low-income'' shall + have the meanings provided by the statute and/or regulations + governing the program under which the project is insured or + assisted; + (2) the term ``multifamily housing project'' means housing + that meets one of the following conditions-- + (A) housing that is subject to a mortgage insured + under the National Housing Act; + (B) housing that has project-based assistance + attached to the structure including projects undergoing + mark to market debt restructuring under the Multifamily + Assisted Housing Reform and Affordability Housing Act; + (C) housing that is assisted under section 202 of + the Housing Act of 1959, as amended by section 801 of + the Cranston-Gonzales National Affordable Housing Act; + (D) housing that is assisted under section 202 of + the Housing Act of 1959, as such section existed before + the enactment of the Cranston-Gonzales National + Affordable Housing Act; + (E) housing that is assisted under section 811 of + the Cranston-Gonzales National Affordable Housing Act; + or + (F) housing or vacant land that is subject to a use + agreement; + (3) the term ``project-based assistance'' means-- + (A) assistance provided under section 8(b) of the + United States Housing Act of 1937; + (B) assistance for housing constructed or + substantially rehabilitated pursuant to assistance + provided under section 8(b)(2) of such Act (as such + section existed immediately before October 1, 1983); + (C) rent supplement payments under section 101 of + the Housing and Urban Development Act of 1965; + (D) interest reduction payments under section 236 + and/or additional assistance payments under section + 236(f)(2) of the National Housing Act; + (E) assistance payments made under section + 202(c)(2) of the Housing Act of 1959; and + (F) assistance payments made under section + 811(d)(2) of the Cranston-Gonzalez National Affordable + Housing Act; + (4) the term ``receiving project or projects'' means the + multifamily housing project or projects to which some or all of + the project-based assistance, debt, and statutorily required + low-income and very low-income use restrictions are to be + transferred; + (5) the term ``transferring project'' means the multifamily + housing project which is transferring some or all of the + project-based assistance, debt, and the statutorily required + low-income and very low-income use restrictions to the + receiving project or projects; and + (6) the term ``Secretary'' means the Secretary of Housing + and Urban Development. + (e) Research Report.--The Secretary shall conduct an evaluation of +the transfer authority under this section, including the effect of such +transfers on the operational efficiency, contract rents, physical and +financial conditions, and long-term preservation of the affected +properties. + Sec. 211. (a) No assistance shall be provided under section 8 of +the United States Housing Act of 1937 (42 U.S.C. 1437f) to any +individual who-- + (1) is enrolled as a student at an institution of higher + education (as defined under section 102 of the Higher Education + Act of 1965 (20 U.S.C. 1002)); + (2) is under 24 years of age; + (3) is not a veteran; + (4) is unmarried; + (5) does not have a dependent child; + (6) is not a person with disabilities, as such term is + defined in section 3(b)(3)(E) of the United States Housing Act + of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving + assistance under such section 8 as of November 30, 2005; + (7) is not a youth who left foster care at age 14 or older + and is at risk of becoming homeless; and + (8) is not otherwise individually eligible, or has parents + who, individually or jointly, are not eligible, to receive + assistance under section 8 of the United States Housing Act of + 1937 (42 U.S.C. 1437f). + (b) For purposes of determining the eligibility of a person to +receive assistance under section 8 of the United States Housing Act of +1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts +received for tuition and any other required fees and charges) that an +individual receives under the Higher Education Act of 1965 (20 U.S.C. +1001 et seq.), from private sources, or an institution of higher +education (as defined under the Higher Education Act of 1965 (20 U.S.C. +1002)), shall be considered income to that individual, except for a +person over the age of 23 with dependent children. + Sec. 212. The funds made available for Native Alaskans under the +heading ``Native American Housing Block Grants'' in title II of this +Act shall be allocated to the same Native Alaskan housing block grant +recipients that received funds in fiscal year 2005. + Sec. 213. Notwithstanding any other provision of law, in fiscal +year 2020, in managing and disposing of any multifamily property that +is owned or has a mortgage held by the Secretary of Housing and Urban +Development, and during the process of foreclosure on any property with +a contract for rental assistance payments under section 8 of the United +States Housing Act of 1937 or other Federal programs, the Secretary +shall maintain any rental assistance payments under section 8 of the +United States Housing Act of 1937 and other programs that are attached +to any dwelling units in the property. To the extent the Secretary +determines, in consultation with the tenants and the local government, +that such a multifamily property owned or held by the Secretary is not +feasible for continued rental assistance payments under such section 8 +or other programs, based on consideration of: (1) the costs of +rehabilitating and operating the property and all available Federal, +State, and local resources, including rent adjustments under section +524 of the Multifamily Assisted Housing Reform and Affordability Act of +1997 (``MAHRAA''); and (2) environmental conditions that cannot be +remedied in a cost-effective fashion, the Secretary may, in +consultation with the tenants of that property, contract for project- +based rental assistance payments with an owner or owners of other +existing housing properties, or provide other rental assistance. The +Secretary shall also take appropriate steps to ensure that project- +based contracts remain in effect prior to foreclosure, subject to the +exercise of contractual abatement remedies to assist relocation of +tenants for imminent major threats to health and safety after written +notice to and informed consent of the affected tenants and use of other +available remedies, such as partial abatements or receivership. After +disposition of any multifamily property described under this section, +the contract and allowable rent levels on such properties shall be +subject to the requirements under section 524 of MAHRAA. + Sec. 214. Public housing agencies that own and operate 400 or +fewer public housing units may elect to be exempt from any asset +management requirement imposed by the Secretary of Housing and Urban +Development in connection with the operating fund rule: Provided, That +an agency seeking a discontinuance of a reduction of subsidy under the +operating fund formula shall not be exempt from asset management +requirements. + Sec. 215. With respect to the use of amounts provided in this Act +and in future Acts for the operation, capital improvement and +management of public housing as authorized by sections 9(d) and 9(e) of +the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the +Secretary shall not impose any requirement or guideline relating to +asset management that restricts or limits in any way the use of capital +funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) +of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): +Provided, That a public housing agency may not use capital funds +authorized under section 9(d) for activities that are eligible under +section 9(e) for assistance with amounts from the operating fund in +excess of the amounts permitted under section 9(g)(1) or 9(g)(2). + Sec. 216. No official or employee of the Department of Housing and +Urban Development shall be designated as an allotment holder unless the +Office of the Chief Financial Officer has determined that such +allotment holder has implemented an adequate system of funds control +and has received training in funds control procedures and directives. +The Chief Financial Officer shall ensure that there is a trained +allotment holder for each HUD appropriation under the accounts +``Executive Offices'' and ``Administrative Support Offices'', as well +as each paragraph receiving appropriations under the heading ``Program +Office Salaries and Expenses'', ``Government National Mortgage +Association--Guarantees of Mortgage-Backed Securities Loan Guarantee +Program Account'', and ``Office of Inspector General'' within the +Department of Housing and Urban Development. + Sec. 217. The Secretary of the Department of Housing and Urban +Development shall, for fiscal year 2020, notify the public through the +Federal Register and other means, as determined appropriate, of the +issuance of a notice of the availability of assistance or notice of +funding availability (NOFA) for any program or discretionary fund +administered by the Secretary that is to be competitively awarded. +Notwithstanding any other provision of law, for fiscal year 2020, the +Secretary may make the NOFA available only on the Internet at the +appropriate Government web site or through other electronic media, as +determined by the Secretary. + Sec. 218. Payment of attorney fees in program-related litigation +shall be paid from the individual program office and Office of General +Counsel salaries and expenses appropriations. The annual budget +submission for the program offices and the Office of General Counsel +shall include any such projected litigation costs for attorney fees as +a separate line item request. No funds provided in this title may be +used to pay any such litigation costs for attorney fees until the +Department submits for review a spending plan for such costs to the +House and Senate Committees on Appropriations. + Sec. 219. The Secretary is authorized to transfer up to 10 percent +or $5,000,000, whichever is less, of funds appropriated for any office +under the heading ``Administrative Support Offices'' or for any +paragraph under the heading ``Program Office Salaries and Expenses'' to +any other such office or account: Provided, That no appropriation for +any such office or account shall be increased or decreased by more than +10 percent or $5,000,000, whichever is less, without prior written +approval of the House and Senate Committees on Appropriations: +Provided further, That the Secretary shall provide notification to such +Committees three business days in advance of any such transfers under +this section up to 10 percent or $5,000,000, whichever is less. + Sec. 220. (a) Any entity receiving housing assistance payments +shall maintain decent, safe, and sanitary conditions, as determined by +the Secretary of Housing and Urban Development (in this section +referred to as the ``Secretary''), and comply with any standards under +applicable State or local laws, rules, ordinances, or regulations +relating to the physical condition of any property covered under a +housing assistance payment contract. + (b) The Secretary shall take action under subsection (c) when a +multifamily housing project with a section 8 contract or contract for +similar project-based assistance-- + (1) receives a Uniform Physical Condition Standards (UPCS) + score of 60 or less; or + (2) fails to certify in writing to the Secretary within 3 + days that all Exigent Health and Safety deficiencies identified + by the inspector at the project have been corrected. +Such requirements shall apply to insured and noninsured projects with +assistance attached to the units under section 8 of the United States +Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units +assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public +housing units assisted with capital or operating funds under section 9 +of the United States Housing Act of 1937 (42 U.S.C. 1437g). + (c)(1) Within 15 days of the issuance of the REAC inspection, the +Secretary must provide the owner with a Notice of Default with a +specified timetable, determined by the Secretary, for correcting all +deficiencies. The Secretary must also provide a copy of the Notice of +Default to the tenants, the local government, any mortgagees, and any +contract administrator. If the owner's appeal results in a UPCS score +of 60 or above, the Secretary may withdraw the Notice of Default. + (2) At the end of the time period for correcting all deficiencies +specified in the Notice of Default, if the owner fails to fully correct +such deficiencies, the Secretary may-- + (A) require immediate replacement of project management + with a management agent approved by the Secretary; + (B) impose civil money penalties, which shall be used + solely for the purpose of supporting safe and sanitary + conditions at applicable properties, as designated by the + Secretary, with priority given to the tenants of the property + affected by the penalty; + (C) abate the section 8 contract, including partial + abatement, as determined by the Secretary, until all + deficiencies have been corrected; + (D) pursue transfer of the project to an owner, approved by + the Secretary under established procedures, which will be + obligated to promptly make all required repairs and to accept + renewal of the assistance contract as long as such renewal is + offered; + (E) transfer the existing section 8 contract to another + project or projects and owner or owners; + (F) pursue exclusionary sanctions, including suspensions or + debarments from Federal programs; + (G) seek judicial appointment of a receiver to manage the + property and cure all project deficiencies or seek a judicial + order of specific performance requiring the owner to cure all + project deficiencies; + (H) work with the owner, lender, or other related party to + stabilize the property in an attempt to preserve the property + through compliance, transfer of ownership, or an infusion of + capital provided by a third-party that requires time to + effectuate; or + (I) take any other regulatory or contractual remedies + available as deemed necessary and appropriate by the Secretary. + (d) The Secretary shall also take appropriate steps to ensure that +project-based contracts remain in effect, subject to the exercise of +contractual abatement remedies to assist relocation of tenants for +major threats to health and safety after written notice to the affected +tenants. To the extent the Secretary determines, in consultation with +the tenants and the local government, that the property is not feasible +for continued rental assistance payments under such section 8 or other +programs, based on consideration of-- + (1) the costs of rehabilitating and operating the property + and all available Federal, State, and local resources, + including rent adjustments under section 524 of the Multifamily + Assisted Housing Reform and Affordability Act of 1997 + (``MAHRAA''); and + (2) environmental conditions that cannot be remedied in a + cost-effective fashion, the Secretary may contract for project- + based rental assistance payments with an owner or owners of + other existing housing properties, or provide other rental + assistance. + (e) The Secretary shall report quarterly on all properties covered +by this section that are assessed through the Real Estate Assessment +Center and have UPCS physical inspection scores of less than 60 or have +received an unsatisfactory management and occupancy review within the +past 36 months. The report shall include-- + (1) the enforcement actions being taken to address such + conditions, including imposition of civil money penalties and + termination of subsidies, and identify properties that have + such conditions multiple times; + (2) actions that the Department of Housing and Urban + Development is taking to protect tenants of such identified + properties; and + (3) any administrative or legislative recommendations to + further improve the living conditions at properties covered + under a housing assistance payment contract. +This report shall be due to the Senate and House Committees on +Appropriations no later than 30 days after the enactment of this Act, +and on the first business day of each Federal fiscal year quarter +thereafter while this section remains in effect. + Sec. 221. None of the funds made available by this Act, or any +other Act, for purposes authorized under section 8 (only with respect +to the tenant-based rental assistance program) and section 9 of the +United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used +by any public housing agency for any amount of salary, including +bonuses, for the chief executive officer of which, or any other +official or employee of which, that exceeds the annual rate of basic +pay payable for a position at level IV of the Executive Schedule at any +time during any public housing agency fiscal year 2020. + Sec. 222. None of the funds in this Act provided to the Department +of Housing and Urban Development may be used to make a grant award +unless the Secretary notifies the House and Senate Committees on +Appropriations not less than 3 full business days before any project, +State, locality, housing authority, tribe, nonprofit organization, or +other entity selected to receive a grant award is announced by the +Department or its offices. + Sec. 223. None of the funds made available by this Act may be used +to require or enforce the Physical Needs Assessment (PNA). + Sec. 224. None of the funds made available in this Act shall be +used by the Federal Housing Administration, the Government National +Mortgage Administration, or the Department of Housing and Urban +Development to insure, securitize, or establish a Federal guarantee of +any mortgage or mortgage backed security that refinances or otherwise +replaces a mortgage that has been subject to eminent domain +condemnation or seizure, by a State, municipality, or any other +political subdivision of a State. + Sec. 225. None of the funds made available by this Act may be used +to terminate the status of a unit of general local government as a +metropolitan city (as defined in section 102 of the Housing and +Community Development Act of 1974 (42 U.S.C. 5302)) with respect to +grants under section 106 of such Act (42 U.S.C. 5306). + Sec. 226. Amounts made available under this Act which are either +appropriated, allocated, advanced on a reimbursable basis, or +transferred to the Office of Policy Development and Research in the +Department of Housing and Urban Development and functions thereof, for +research, evaluation, or statistical purposes, and which are unexpended +at the time of completion of a contract, grant, or cooperative +agreement, may be deobligated and shall immediately become available +and may be reobligated in that fiscal year or the subsequent fiscal +year for the research, evaluation, or statistical purposes for which +the amounts are made available to that Office subject to reprogramming +requirements in section 405 of this Act. + Sec. 227. Funds made available in this title under the heading +``Homeless Assistance Grants'' may be used by the Secretary to +participate in Performance Partnership Pilots authorized under section +526 of division H of Public Law 113-76, section 524 of division G of +Public Law 113-235, section 525 of division H of Public Law 114-113, +and such authorities as are enacted for Performance Partnership Pilots +in an appropriations Act for fiscal year 2019: Provided, That such +participation shall be limited to no more than 10 continuums of care +and housing activities to improve outcomes for disconnected youth. + Sec. 228. With respect to grant amounts awarded under the heading +``Homeless Assistance Grants'' for fiscal years 2015 and subsequent +fiscal years for the continuum of care (CoC) program as authorized +under subtitle C of title IV of the McKinney-Vento Homeless Assistance +Act, costs paid by program income of grant recipients may count toward +meeting the recipient's matching requirements, provided the costs are +eligible CoC costs that supplement the recipient's CoC program. + Sec. 229. (a) From amounts made available under this title under +the heading ``Homeless Assistance Grants'', the Secretary may award 1- +year transition grants to recipients of funds for activities under +subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C. +11381 et seq.) to transition from one Continuum of Care program +component to another. + (b) No more than 50 percent of each transition grant may be used +for costs of eligible activities of the program component originally +funded. + (c) Transition grants made under this section are eligible for +renewal in subsequent fiscal years for the eligible activities of the +new program component. + (d) In order to be eligible to receive a transition grant, the +funding recipient must have the consent of the Continuum of Care and +meet standards determined by the Secretary. + Sec. 230. None of the funds made available by this Act may be used +by the Department of Housing and Urban Development to direct a grantee +to undertake specific changes to existing zoning laws as part of +carrying out the final rule entitled ``Affirmatively Furthering Fair +Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled +``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. +57949 (September 26, 2014)). + Sec. 231. (a) Establishment of Fund.--There is hereby established +in the Treasury of the United States a fund to be known as HUD HAG Fund +(in this section referred to as the ``Fund''). + (b) Credits to Fund.-- + (1) Future transfers.--Unobligated balances of recaptured + funds (except for amounts necessary for grant amount + corrections) appropriated by any Act in this or any subsequent + fiscal year under the account for ``Department of Housing and + Urban Development--Community Planning and Development--Homeless + Assistance Grants'' (in this section referred to as the ``HAG + account'') shall be transferred into the Fund. + (2) Rescission and availability of fiscal year 2018 + amounts.--Of any amounts appropriated under the HAG account by + the Transportation, Housing and Urban Development, and Related + Agencies Appropriations Act, 2018 (division L of Public Law + 115-141), 90 percent of any balances remaining unobligated as + of September 1, 2020, are hereby rescinded, and an amount of + additional new budget authority equivalent to the amount + rescinded is hereby appropriated and shall be transferred to + the Fund. + (c) Purposes.--Amounts transferred to the Fund shall be available +until expended, and in addition to such other funds as may be available +for such purposes, only for the following purposes: + (1) For grants under the Continuum of Care program under + subtitle C of title IV of the McKinney-Vento Homeless + Assistance Act (42 U.S.C. 11381 et seq.). + (2) For grants under the Emergency Solutions Grant program + under subtitle B of title IV of such Act (42 U.S.C. 11371 et + seq.). + (3) Not less than 10 percent of amounts transferred to the + Fund shall be used only for grants, as established and + determined by the Secretary, in rural areas. + (4) Not less than 10 percent of amounts transferred to the + Fund shall be used for grants, as established and determined by + the Secretary, only pursuant to the declaration of a major + disaster under the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5121 et seq.) in the most + impacted and distressed areas resulting from such disaster. + (d) Transfer for Use.-- + (1) Amounts in the Fund shall be transferred to the HAG + account before obligation and expenditure. + (2) Amounts in the Fund may be transferred to the HAG + account only after the expiration of the 15-day period + beginning upon the day that the Secretary of Housing and Urban + Development submits written notice to the Committees on + Appropriations of the House of Representatives and the Senate + of the planned use of such transferred amounts, except that + amounts transferred for the purposes specified in subsection + (c)(4) may be transferred with concurrent written notice to + such Committees. + Sec. 232. The Promise Zone designations and Promise Zone +Designation Agreements entered into pursuant to such designations, made +by the Secretary of Housing and Urban Development in prior fiscal +years, shall remain in effect in accordance with the terms and +conditions of such agreements. + Sec. 233. None of the funds made available by this Act may be used +to establish and apply review criteria, including rating factors or +preference points, for participation in or coordination with EnVision +Centers, in the evaluation, selection, and award of any funds made +available and requiring competitive selection under this Act, except +with respect to any such funds otherwise authorized for EnVision Center +purposes under this Act. + Sec. 234. None of the funds made available to the Department of +Housing and Urban Development by this or any other Act may be used to +implement, administer, enforce, or in any way make effective the +proposed rule entitled ``Housing and Community Development Act of 1980: +Verification of Eligible Status'', issued by the Department of Housing +and Urban Development on May 10, 2019 (Docket No. FR-6124-P-01), or any +final rule based substantially on such proposed rule. + Sec. 235. (a) The Secretary of Housing and Urban Development shall +make available to grantees under programs included under the +Department's Consolidated Planning Process, not later than the +expiration of the 90-day period beginning on the date of the enactment +of this Act, the prepopulated up-to-date housing and economic data and +data for both broadband and resilience assessment requirements, as +referred to in the HUD Response to the third comment under section +III.A. of the Supplementary Information included with the final rule +entitled ``Modernizing HUD's Consolidated Planning Process To Narrow +the Digital Divide and Increase Resilience to Natural Hazards'', +published by the Department of Housing and Urban Development in the +Federal Register on Friday, December 16, 2016 (81 Fed. Reg. 91000). + (b) The Secretary of Housing and Urban Development shall require +such grantees to incorporate the broadband and resilience components +into the Consolidated Plan process not later than the expiration of the +270-day period beginning on the date of the enactment of this Act. + Sec. 236. None of the funds made available to the Department of +Housing and Urban Development by this or any other Act may be used to +implement, administer, enforce, or in any way make effective any rule +making any change to the rule entitled ``Equal Access in Accordance +With an Individual's Gender Identity in Community Planning and +Development Programs'' published by the Department of Housing and Urban +Development in the Federal Register on September 21, 2016 (81 Fed. Reg. +64763) or to the rule entitled ``Equal Access to Housing in HUD +Programs Regardless of Sexual Orientation or Gender Identity'' +published by such Department in the Federal Register on February 3, +2012 (77 Fed. Reg. 5662). + Sec. 237. Notwithstanding any other provision of law, the notice +issued by the Department of Housing and Urban Development on February +20, 2015, and entitled ``Appropriate Placement for Transgender Persons +in Single-Sex Emergency Shelters and Other Facilities'' (Notice CPD-15- +02) shall have the force and effect of law. + Sec. 238. The Secretary of Housing and Urban Development may not, +in this fiscal year or any fiscal year thereafter, implement, require, +enforce, or otherwise make effective any change, amendment, or +alteration to any term or condition of the Annual Contributions +Contract between the Secretary and any public housing agency, as such +contract was in effect as of January 1, 2018, unless such change, +amendment, or alteration is made pursuant to a rule issued after notice +and an opportunity for public comment and in accordance with the +procedure under section 553 of title 5, United States Code, applicable +to substantive rules. + This title may be cited as the ``Department of Housing and Urban +Development Appropriations Act, 2020''. + + TITLE III + + RELATED AGENCIES + + Access Board + + salaries and expenses + + For expenses necessary for the Access Board, as authorized by +section 502 of the Rehabilitation Act of 1973, as amended, $8,400,000 +(increased by $800,000): Provided, That, notwithstanding any other +provision of law, there may be credited to this appropriation funds +received for publications and training expenses. + + Federal Maritime Commission + + salaries and expenses + + For necessary expenses of the Federal Maritime Commission as +authorized by section 201(d) of the Merchant Marine Act, 1936, as +amended (46 U.S.C. 307), including services as authorized by 5 U.S.C. +3109; hire of passenger motor vehicles as authorized by 31 U.S.C. +1343(b); and uniforms or allowances therefore, as authorized by 5 +U.S.C. 5901-5902, $28,000,000: Provided, That not to exceed $2,000 +shall be available for official reception and representation expenses. + + National Railroad Passenger Corporation + + Office of Inspector General + + salaries and expenses + + For necessary expenses of the Office of Inspector General for the +National Railroad Passenger Corporation to carry out the provisions of +the Inspector General Act of 1978, as amended, $23,274,000: Provided, +That the Inspector General shall have all necessary authority, in +carrying out the duties specified in the Inspector General Act, as +amended (5 U.S.C. App. 3), to investigate allegations of fraud, +including false statements to the government (18 U.S.C. 1001), by any +person or entity that is subject to regulation by the National Railroad +Passenger Corporation: Provided further, That the Inspector General +may enter into contracts and other arrangements for audits, studies, +analyses, and other services with public agencies and with private +persons, subject to the applicable laws and regulations that govern the +obtaining of such services within the National Railroad Passenger +Corporation: Provided further, That the Inspector General may select, +appoint, and employ such officers and employees as may be necessary for +carrying out the functions, powers, and duties of the Office of +Inspector General, subject to the applicable laws and regulations that +govern such selections, appointments, and employment within the +Corporation: Provided further, That concurrent with the President's +budget request for fiscal year 2021, the Inspector General shall submit +to the House and Senate Committees on Appropriations a budget request +for fiscal year 2021 in similar format and substance to those submitted +by executive agencies of the Federal Government. + + National Transportation Safety Board + + salaries and expenses + + For necessary expenses of the National Transportation Safety Board, +including hire of passenger motor vehicles and aircraft; services as +authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed +the per diem rate equivalent to the rate for a GS-15; uniforms, or +allowances therefor, as authorized by law (5 U.S.C. 5901-5902), +$110,400,000, of which not to exceed $2,000 may be used for official +reception and representation expenses. The amounts made available to +the National Transportation Safety Board in this Act include amounts +necessary to make lease payments on an obligation incurred in fiscal +year 2001 for a capital lease. + + Neighborhood Reinvestment Corporation + + payment to the neighborhood reinvestment corporation + + For payment to the Neighborhood Reinvestment Corporation for use in +neighborhood reinvestment activities, as authorized by the Neighborhood +Reinvestment Corporation Act (42 U.S.C. 8101-8107), $170,000,000, of +which $5,000,000 shall be for a multi-family rental housing program. + + Surface Transportation Board + + salaries and expenses + + For necessary expenses of the Surface Transportation Board, +including services authorized by 5 U.S.C. 3109, $37,100,000: Provided, +That notwithstanding any other provision of law, not to exceed +$1,250,000 from fees established by the Chairman of the Surface +Transportation Board shall be credited to this appropriation as +offsetting collections and used for necessary and authorized expenses +under this heading: Provided further, That the sum herein appropriated +from the general fund shall be reduced on a dollar-for-dollar basis as +such offsetting collections are received during fiscal year 2020, to +result in a final appropriation from the general fund estimated at no +more than $35,850,000. + + United States Interagency Council on Homelessness + + operating expenses + + For necessary expenses (including payment of salaries, authorized +travel, hire of passenger motor vehicles, the rental of conference +rooms, and the employment of experts and consultants under section 3109 +of title 5, United States Code) of the United States Interagency +Council on Homelessness in carrying out the functions pursuant to title +II of the McKinney-Vento Homeless Assistance Act, as amended, +$4,100,000, to remain available until September 30, 2021. + + TITLE IV + + GENERAL PROVISIONS--THIS ACT + + Sec. 401. None of the funds in this Act shall be used for the +planning or execution of any program to pay the expenses of, or +otherwise compensate, non-Federal parties intervening in regulatory or +adjudicatory proceedings funded in this Act. + Sec. 402. None of the funds appropriated in this Act shall remain +available for obligation beyond the current fiscal year, nor may any be +transferred to other appropriations, unless expressly so provided +herein. + Sec. 403. The expenditure of any appropriation under this Act for +any consulting service through a procurement contract pursuant to +section 3109 of title 5, United States Code, shall be limited to those +contracts where such expenditures are a matter of public record and +available for public inspection, except where otherwise provided under +existing law, or under existing Executive order issued pursuant to +existing law. + Sec. 404. (a) None of the funds made available in this Act may be +obligated or expended for any employee training that-- + (1) does not meet identified needs for knowledge, skills, + and abilities bearing directly upon the performance of official + duties; + (2) contains elements likely to induce high levels of + emotional response or psychological stress in some + participants; + (3) does not require prior employee notification of the + content and methods to be used in the training and written end + of course evaluation; + (4) contains any methods or content associated with + religious or quasi-religious belief systems or ``new age'' + belief systems as defined in Equal Employment Opportunity + Commission Notice N-915.022, dated September 2, 1988; or + (5) is offensive to, or designed to change, participants' + personal values or lifestyle outside the workplace. + (b) Nothing in this section shall prohibit, restrict, or otherwise +preclude an agency from conducting training bearing directly upon the +performance of official duties. + Sec. 405. Except as otherwise provided in this Act, none of the +funds provided in this Act, provided by previous appropriations Acts to +the agencies or entities funded in this Act that remain available for +obligation or expenditure in fiscal year 2020, or provided from any +accounts in the Treasury derived by the collection of fees and +available to the agencies funded by this Act, shall be available for +obligation or expenditure through a reprogramming of funds that-- + (1) creates a new program; + (2) eliminates a program, project, or activity; + (3) increases funds or personnel for any program, project, + or activity for which funds have been denied or restricted by + the Congress; + (4) proposes to use funds directed for a specific activity + by either the House or Senate Committees on Appropriations for + a different purpose; + (5) augments existing programs, projects, or activities in + excess of $5,000,000 or 10 percent, whichever is less; + (6) reduces existing programs, projects, or activities by + $5,000,000 or 10 percent, whichever is less; or + (7) creates, reorganizes, or restructures a branch, + division, office, bureau, board, commission, agency, + administration, or department different from the budget + justifications submitted to the Committees on Appropriations or + the table accompanying the joint explanatory statement + accompanying this Act, whichever is more detailed, unless prior + approval is received from the House and Senate Committees on + Appropriations: Provided, That not later than 60 days after + the date of enactment of this Act, each agency funded by this + Act shall submit a report to the Committees on Appropriations + of the Senate and of the House of Representatives to establish + the baseline for application of reprogramming and transfer + authorities for the current fiscal year: Provided further, + That the report shall include-- + (A) a table for each appropriation with a separate + column to display the prior year enacted level, the + President's budget request, adjustments made by + Congress, adjustments due to enacted rescissions, if + appropriate, and the fiscal year enacted level; + (B) a delineation in the table for each + appropriation and its respective prior year enacted + level by object class and program, project, and + activity as detailed in this Act, the table + accompanying the explanatory statement accompanying + this Act, accompanying reports of the House and Senate + Committee on Appropriations, or in the budget appendix + for the respective appropriations, whichever is more + detailed, and shall apply to all items for which a + dollar amount is specified and to all programs for + which new budget (obligational) authority is provided, + as well as to discretionary grants and discretionary + grant allocations; and + (C) an identification of items of special + congressional interest. + Sec. 406. Except as otherwise specifically provided by law, not to +exceed 50 percent of unobligated balances remaining available at the +end of fiscal year 2020 from appropriations made available for salaries +and expenses for fiscal year 2020 in this Act, shall remain available +through September 30, 2021, for each such account for the purposes +authorized: Provided, That a request shall be submitted to the House +and Senate Committees on Appropriations for approval prior to the +expenditure of such funds: Provided further, That these requests shall +be made in compliance with reprogramming guidelines under section 405 +of this Act. + Sec. 407. No funds in this Act may be used to support any Federal, +State, or local projects that seek to use the power of eminent domain, +unless eminent domain is employed only for a public use: Provided, +That for purposes of this section, public use shall not be construed to +include economic development that primarily benefits private entities: +Provided further, That any use of funds for mass transit, railroad, +airport, seaport or highway projects, as well as utility projects which +benefit or serve the general public (including energy-related, +communication-related, water-related and wastewater-related +infrastructure), other structures designated for use by the general +public or which have other common-carrier or public-utility functions +that serve the general public and are subject to regulation and +oversight by the government, and projects for the removal of an +immediate threat to public health and safety or brownfields as defined +in the Small Business Liability Relief and Brownfields Revitalization +Act (Public Law 107-118) shall be considered a public use for purposes +of eminent domain. + Sec. 408. None of the funds made available in this Act may be +transferred to any department, agency, or instrumentality of the United +States Government, except pursuant to a transfer made by, or transfer +authority provided in, this Act or any other appropriations Act. + Sec. 409. No part of any appropriation contained in this Act shall +be available to pay the salary for any person filling a position, other +than a temporary position, formerly held by an employee who has left to +enter the Armed Forces of the United States and has satisfactorily +completed his or her period of active military or naval service, and +has within 90 days after his or her release from such service or from +hospitalization continuing after discharge for a period of not more +than 1 year, made application for restoration to his or her former +position and has been certified by the Office of Personnel Management +as still qualified to perform the duties of his or her former position +and has not been restored thereto. + Sec. 410. No funds appropriated pursuant to this Act may be +expended by an entity unless the entity agrees that in expending the +assistance the entity will comply with sections 2 through 4 of the Act +of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy +American Act''). + Sec. 411. No funds appropriated or otherwise made available under +this Act shall be made available to any person or entity that has been +convicted of violating the Buy American Act (41 U.S.C. 8301-8305). + Sec. 412. None of the funds made available in this Act may be used +for first-class airline accommodations in contravention of sections +301-10.122 and 301-10.123 of title 41, Code of Federal Regulations. + Sec. 413. (a) None of the funds made available by this Act may be +used to approve a new foreign air carrier permit under sections 41301 +through 41305 of title 49, United States Code, or exemption application +under section 40109 of that title of an air carrier already holding an +air operators certificate issued by a country that is party to the +U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval +would contravene United States law or Article 17 bis of the U.S.-E.U.- +Iceland-Norway Air Transport Agreement. + (b) Nothing in this section shall prohibit, restrict or otherwise +preclude the Secretary of Transportation from granting a foreign air +carrier permit or an exemption to such an air carrier where such +authorization is consistent with the U.S.-E.U.-Iceland-Norway Air +Transport Agreement and United States law. + Sec. 414. None of the funds made available in this Act may be used +to send or otherwise pay for the attendance of more than 50 employees +of a single agency or department of the United States Government, who +are stationed in the United States, at any single international +conference unless the relevant Secretary reports to the House and +Senate Committees on Appropriations at least 5 days in advance that +such attendance is important to the national interest: Provided, That +for purposes of this section the term ``international conference'' +shall mean a conference occurring outside of the United States attended +by representatives of the United States Government and of foreign +governments, international organizations, or nongovernmental +organizations. + Sec. 415. None of the funds appropriated or otherwise made +available under this Act may be used by the Surface Transportation +Board to charge or collect any filing fee for rate or practice +complaints filed with the Board in an amount in excess of the amount +authorized for district court civil suit filing fees under section 1914 +of title 28, United States Code. + Sec. 416. None of the funds made available by this Act may be used +by the Department of Transportation, the Department of Housing and +Urban Development, or any other Federal agency to lease or purchase new +light duty vehicles for any executive fleet, or for an agency's fleet +inventory, except in accordance with Presidential Memorandum--Federal +Fleet Performance, dated May 24, 2011. + Sec. 417. (a) None of the funds made available in this Act may be +used to maintain or establish a computer network unless such network +blocks the viewing, downloading, and exchanging of pornography. + (b) Nothing in subsection (a) shall limit the use of funds +necessary for any Federal, State, tribal, or local law enforcement +agency or any other entity carrying out criminal investigations, +prosecution, or adjudication activities. + Sec. 418. (a) None of the funds made available in this Act may be +used to deny an Inspector General funded under this Act timely access +to any records, documents, or other materials available to the +department or agency over which that Inspector General has +responsibilities under the Inspector General Act of 1978 (5 U.S.C. +App.), or to prevent or impede that Inspector General's access to such +records, documents, or other materials, under any provision of law, +except a provision of law that expressly refers to the Inspector +General and expressly limits the Inspector General's right of access. + (b) A department or agency covered by this section shall provide +its Inspector General with access to all such records, documents, and +other materials in a timely manner. A department or agency shall not +withhold or delay access by the Inspector General in order to conduct +internal reviews of responsive documents, nor shall privileges +preventing release of agency documents to third parties be a basis for +withholding or delaying access to the Inspector General. + (c) Each Inspector General shall ensure compliance with statutory +limitations on disclosure relevant to the information provided by the +establishment over which that Inspector General has responsibilities +under the Inspector General Act of 1978 (5 U.S.C. App.). + (d) Each Inspector General covered by this section shall report to +the Committees on Appropriations of the House of Representatives and +the Senate within 5 calendar days any failures to comply with this +requirement. Within 5 calendar days of the Inspector General's report, +the department or agency will provide the Committees on Appropriations +of the House of Representatives and the Senate with an accounting of +timeframe and efforts by the agency to provide OIG access. + Sec. 419. None of the funds appropriated or otherwise made +available by this Act may be used to pay award or incentive fees for +contractors whose performance has been judged to be below satisfactory, +behind schedule, over budget, or has failed to meet the basic +requirements of a contract, unless the Agency determines that any such +deviations are due to unforeseeable events, government-driven scope +changes, or are not significant within the overall scope of the project +and/or program unless such awards or incentive fees are consistent with +16.401(e)(2) of the Federal Acquisition Regulations. + Sec. 420. Except as expressly provided otherwise, any reference to +``this Act'' contained in this division shall be treated as referring +only to the provisions of this division. + Sec. 421. Any reference to a ``report accompanying this Act'' +contained in this division shall be treated as a reference to House +Report 116-106. The effect of such Report shall be limited to this +division and shall apply for purposes of determining the allocation of +funds provided by, and the implementation of, this division. + Sec. 422. None of the funds made available by this Act may be used +in contravention of section 5309(d)(2) of title 49, United States Code. + Sec. 423. None of the funds made available by this division may be +used to issue rules or guidance in contravention of section 1210 of +Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T. +Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155). + Sec. 424. None of the funds made available by this Act may be used +in contravention of Executive Order No. 13858. + Sec. 425. None of the funds made available by this Act may be used +by the National Railroad Passenger Corporation in contravention of the +Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et +seq.). + Sec. 426. None of the funds made available by this division may be +used to deny eligibility of a single family mortgage for insurance +under title II of the National Housing Act on the basis of the status +of the mortgagor as an alien in deferred action status pursuant to the +Deferred Action for Childhood Arrivals (`DACA') Program announced by +the Secretary of Homeland Security on June 15, 2012. + Sec. 427. None of the funds made available by this division may be +used in contravention of section 2635.702 of title 5, Code of Federal +Regulations. + Sec. 428. None of the funds made available by this Act may be used +to carry out section 4(b) of Executive Order No. 13868 or to issue a +special permit under section 107.105 of title 49, Code of Federal +Regulations, that allows liquified natural gas to move by rail tank +car. + This Act may be cited as the ``Transportation, Housing and Urban +Development, and Related Agencies Appropriations Act, 2020''. + +DIVISION F--FAIR COMPENSATION FOR LOW-WAGE CONTRACTOR EMPLOYEES ACT OF + 2019 + +SECTION 1. SHORT TITLE. + + This division may be cited as the ``Fair Compensation for Low-Wage +Contractor Employees Act of 2019''. + +SEC. 2. APPROPRIATION. + + There is hereby appropriated, out of any money in the Treasury not +otherwise appropriated, such sums as may be necessary, to remain +available until expended, for each Federal agency subject to the lapse +in appropriations that began on or about December 22, 2018, for +adjustments in the price of contracts of such agency under section 3. + +SEC. 3. BACK COMPENSATION FOR LOW-WAGE EMPLOYEES OF GOVERNMENT + CONTRACTORS IN CONNECTION WITH THE LAPSE IN + APPROPRIATIONS. + + (a) In General.--Each Federal agency subject to the lapse in +appropriations that began on or about December 22, 2018, shall adjust +the price of any contract of such agency for which the contractor was +ordered to suspend, delay, or interrupt all or part of the work of such +contract, or stop all or any part of the work called for in such +contract, as a result of the lapse in appropriations to compensate the +contractor for reasonable costs incurred-- + (1) to provide compensation, at an employee's standard rate + of compensation, to any employee who was furloughed or laid + off, or who was not working, who experienced a reduction of + hours, or who experienced a reduction in compensation, as a + result of the lapse in appropriations (for the period of the + lapse); or + (2) to restore paid leave taken by any employee during the + lapse in appropriations, if the contractor required employees + to use paid leave as a result of the lapse in appropriations. + (b) Limitation on Amount of Weekly Compensation Covered by +Adjustment.--The maximum amount of weekly compensation of an employee +for which an adjustment may be made under subsection (a) may not exceed +the lesser of-- + (1) the employee's actual weekly compensation; or + (2) $965. + (c) Timing of Adjustments.--The adjustments required by subsection +(a) shall be made as soon as practicable after the enactment of this +Act. + (d) Definitions.--In this section: + (1) The term ``compensation'' has the meaning given that + term in section 6701 of title 41, United States Code. + (2) The term ``employee'' means the following: + (A) A ``service employee'' as that term is defined + in section 6701(3) of title 41, United States Code, + except that the term also includes service employees + described in subparagraph (C) of that section + notwithstanding that subparagraph. + (B) A ``laborer or mechanic'' covered by section + 3142 of title 40, United States Code. + +SEC. 4. EFFECTIVE DATE. + + This division shall take effect upon the date of enactment of this +Act. + +SEC. 5. BUDGETARY EFFECTS. + + (a) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(8) of the Balanced Budget and Emergency +Deficit Control Act of 1985, the budgetary effects of this division +shall not be estimated-- + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. + (b) Determination of Budgetary Effects.--The budgetary effects of +this division, for the purpose of complying with the Statutory Pay-As- +You-Go Act of 2010, shall be determined by reference to the latest +statement titled ``Budgetary Effects of PAYGO Legislation'' for this +division, submitted for printing in the Congressional Record by the +Chairman of the House Budget Committee, provided that such statement +has been submitted prior to the vote on passage. + + DIVISION G--EMPLOYMENT AUTHORITY + + Sec. 1. Notwithstanding any other provision of law, an entity may +use amounts appropriated or otherwise made available under the +Legislative Branch Appropriations Act, 2020, to pay the compensation of +an officer or employee without regard to the officer's or employee's +immigration status if the officer or employee has been issued an +employment authorization document under the Deferred Action for +Childhood Arrivals Program of the Secretary of Homeland Security, +established pursuant to the memorandum from the Secretary of Homeland +Security entitled ``Exercising Prosecutorial Discretion with Respect to +Individuals Who Came to the United States as Children'', dated June 15, +2012. + Sec. 2. Notwithstanding any other provision of law or regulation, +an alien who is authorized to be employed in the United States pursuant +to the Deferred Action for Childhood Arrivals program established under +the memorandum of the Secretary of Homeland Security dated June 15, +2012, shall be eligible for employment by the Government (including any +entity the majority of the stock of which is owned by the Government). + + Passed the House of Representatives June 25, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3055 + +_______________________________________________________________________ + + AN ACT + + Making appropriations for the Departments of Commerce and Justice, +Science, and Related Agencies for the fiscal year ending September 30, + 2020, and for other purposes. From a7fd56ab127c5d81ff7bba903616f2e0d28bb151 Mon Sep 17 00:00:00 2001 From: "Rep. Serrano, Jose E. [D-NY-15]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 296/984] House-3055: Enrolled --- bills_text/House-3055.txt | 16135 ++---------------------------------- 1 file changed, 528 insertions(+), 15607 deletions(-) diff --git a/bills_text/House-3055.txt b/bills_text/House-3055.txt index f8c3325..4fbe878 100644 --- a/bills_text/House-3055.txt +++ b/bills_text/House-3055.txt @@ -1,15625 +1,546 @@ -116th CONGRESS - 1st Session - H. R. 3055 + H.R.3055 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + United States of America - - Making appropriations for the Departments of Commerce and Justice, -Science, and Related Agencies for the fiscal year ending September 30, - 2020, and for other purposes. - - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, - -SECTION 1. SHORT TITLE. - - This Act may be cited as the ``Commerce, Justice, Science, -Agriculture, Rural Development, Food and Drug Administration, Interior, -Environment, Military Construction, Veterans Affairs, Transportation, -and Housing and Urban Development Appropriations Act, 2020''. - - DIVISION A--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES - APPROPRIATIONS ACT, 2020 - - The following sums are appropriated, out of any money in the -Treasury not otherwise appropriated, for the fiscal year ending -September 30, 2020, and for other purposes, namely: - - TITLE I - - DEPARTMENT OF COMMERCE - - International Trade Administration - - operations and administration - - For necessary expenses for international trade activities of the -Department of Commerce provided for by law, to carry out activities -associated with facilitating, attracting, and retaining business -investment in the United States, and for engaging in trade promotional -activities abroad, including expenses of grants and cooperative -agreements for the purpose of promoting exports of United States firms, -without regard to sections 3702 and 3703 of title 44, United States -Code; full medical coverage for dependent members of immediate families -of employees stationed overseas and employees temporarily posted -overseas; travel and transportation of employees of the International -Trade Administration between two points abroad, without regard to -section 40118 of title 49, United States Code; employment of citizens -of the United States and aliens by contract for services; rental of -space abroad for periods not exceeding 10 years, and expenses of -alteration, repair, or improvement; purchase or construction of -temporary demountable exhibition structures for use abroad; payment of -tort claims, in the manner authorized in the first paragraph of section -2672 of title 28, United States Code, when such claims arise in foreign -countries; not to exceed $294,300 for official representation expenses -abroad; purchase of passenger motor vehicles for official use abroad, -not to exceed $45,000 per vehicle; obtaining insurance on official -motor vehicles; and rental of tie lines, $530,000,000 (reduced by -$2,000,000) (increased by $2,000,000) (increased by $2,000,000) -(reduced by $3,000,000) (increased by $3,000,000), to remain available -until September 30, 2021, of which $11,000,000 is to be derived from -fees to be retained and used by the International Trade Administration, -notwithstanding section 3302 of title 31, United States Code: -Provided, That, of amounts provided under this heading, not less than -$16,400,000 shall be for China antidumping and countervailing duty -enforcement and compliance activities: Provided further, That the -provisions of the first sentence of section 105(f) and all of section -108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 -U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these -activities; and that for the purpose of this Act, contributions under -the provisions of the Mutual Educational and Cultural Exchange Act of -1961 shall include payment for assessments for services provided as -part of these activities. - - Bureau of Industry and Security - - operations and administration - - For necessary expenses for export administration and national -security activities of the Department of Commerce, including costs -associated with the performance of export administration field -activities both domestically and abroad; full medical coverage for -dependent members of immediate families of employees stationed -overseas; employment of citizens of the United States and aliens by -contract for services abroad; payment of tort claims, in the manner -authorized in the first paragraph of section 2672 of title 28, United -States Code, when such claims arise in foreign countries; not to exceed -$13,500 for official representation expenses abroad; awards of -compensation to informers under the Export Control Reform Act of 2018 -(subtitle B of title XVII of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat. -2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the -Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of -passenger motor vehicles for official use and motor vehicles for law -enforcement use with special requirement vehicles eligible for purchase -without regard to any price limitation otherwise established by law, -$127,652,000 (increased by $1,000,000) (reduced by $1,000,000), to -remain available until expended: Provided, That the provisions of the -first sentence of section 105(f) and all of section 108(c) of the -Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) -and 2458(c)) shall apply in carrying out these activities: Provided -further, That payments and contributions collected and accepted for -materials or services provided as part of such activities may be -retained for use in covering the cost of such activities, and for -providing information to the public with respect to the export -administration and national security activities of the Department of -Commerce and other export control programs of the United States and -other governments. - - Economic Development Administration - - economic development assistance programs - - For grants for economic development assistance as provided by the -Public Works and Economic Development Act of 1965, for trade adjustment -assistance, and for grants authorized by sections 27 and 28 of the -Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and -3723), $498,350,000, to remain available until expended, of which -$30,000,000 shall be for grants under such section 27 and $5,000,000 -shall be for grants under such section 28. - - salaries and expenses - - For necessary expenses of administering the economic development -assistance programs as provided for by law, $41,650,000: Provided, -That these funds may be used to monitor projects approved pursuant to -title I of the Public Works Employment Act of 1976, title II of the -Trade Act of 1974, sections 27 and 28 of the Stevenson-Wydler -Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), and the -Community Emergency Drought Relief Act of 1977. - - Minority Business Development Agency - - minority business development - - For necessary expenses of the Department of Commerce in fostering, -promoting, and developing minority business enterprise, including -expenses of grants, contracts, and other agreements with public or -private organizations, $44,000,000. - - Economic and Statistical Analysis - - salaries and expenses - - For necessary expenses, as authorized by law, of economic and -statistical analysis programs of the Department of Commerce, -$107,990,000, to remain available until September 30, 2021. - - Bureau of the Census - - current surveys and programs - - For necessary expenses for collecting, compiling, analyzing, -preparing, and publishing statistics, provided for by law, -$275,000,000: Provided, That, from amounts provided herein, funds may -be used for promotion, outreach, and marketing activities. - - periodic censuses and programs - - (including transfer of funds) - - For necessary expenses for collecting, compiling, analyzing, -preparing, and publishing statistics for periodic censuses and programs -provided for by law, $675,000,000, to remain available until September -30, 2022: Provided, That, from amounts provided herein, funds may be -used for promotion, outreach, and marketing activities: Provided -further, That within the amounts appropriated, $3,556,000 shall be -transferred to the ``Office of Inspector General'' account for -activities associated with carrying out investigations and audits -related to the Bureau of the Census. - In addition to the amounts provided under this heading for the 2020 -Census, $7,500,000,000, to remain available until September 30, 2022, -is new budget authority for the 2020 Census as specified for the -purposes of section 251(b)(2) of the Balanced Budget and Emergency -Deficit Control Act of 1985, as amended, and section 1(g)(1) of H. Res. -293 of the 116th Congress. - - National Telecommunications and Information Administration - - salaries and expenses - - For necessary expenses, as provided for by law, of the National -Telecommunications and Information Administration (NTIA), $42,411,000 -(increased by $1,000,000) (reduced by $1,000,000), to remain available -until September 30, 2021: Provided, That, notwithstanding 31 U.S.C. -1535(d), the Secretary of Commerce shall charge Federal agencies for -costs incurred in spectrum management, analysis, operations, and -related services, and such fees shall be retained and used as -offsetting collections for costs of such spectrum services, to remain -available until expended: Provided further, That the Secretary of -Commerce is authorized to retain and use as offsetting collections all -funds transferred, or previously transferred, from other Government -agencies for all costs incurred in telecommunications research, -engineering, and related activities by the Institute for -Telecommunication Sciences of NTIA, in furtherance of its assigned -functions under this paragraph, and such funds received from other -Government agencies shall remain available until expended. - - public telecommunications facilities, planning and construction - - For the administration of prior-year grants, recoveries and -unobligated balances of funds previously appropriated are available for -the administration of all open grants until their expiration. - - United States Patent and Trademark Office - - salaries and expenses - - (including transfers of funds) - - For necessary expenses of the United States Patent and Trademark -Office (USPTO) provided for by law, including defense of suits -instituted against the Under Secretary of Commerce for Intellectual -Property and Director of the USPTO, $3,450,681,000, to remain available -until expended: Provided, That the sum herein appropriated from the -general fund shall be reduced as offsetting collections of fees and -surcharges assessed and collected by the USPTO under any law are -received during fiscal year 2020, so as to result in a fiscal year 2020 -appropriation from the general fund estimated at $0: Provided further, -That during fiscal year 2020, should the total amount of such -offsetting collections be less than $3,450,681,000 this amount shall be -reduced accordingly: Provided further, That any amount received in -excess of $3,450,681,000 in fiscal year 2020 and deposited in the -Patent and Trademark Fee Reserve Fund shall remain available until -expended: Provided further, That the Director of USPTO shall submit a -spending plan to the Committees on Appropriations of the House of -Representatives and the Senate for any amounts made available by the -preceding proviso and such spending plan shall be treated as a -reprogramming under section 505 of this Act and shall not be available -for obligation or expenditure except in compliance with the procedures -set forth in that section: Provided further, That any amounts -reprogrammed in accordance with the preceding proviso shall be -transferred to the United States Patent and Trademark Office ``Salaries -and Expenses'' account: Provided further, That from amounts provided -herein, not to exceed $900 shall be made available in fiscal year 2020 -for official reception and representation expenses: Provided further, -That in fiscal year 2020 from the amounts made available for ``Salaries -and Expenses'' for the USPTO, the amounts necessary to pay (1) the -difference between the percentage of basic pay contributed by the USPTO -and employees under section 8334(a) of title 5, United States Code, and -the normal cost percentage (as defined by section 8331(17) of that -title) as provided by the Office of Personnel Management (OPM) for -USPTO's specific use, of basic pay, of employees subject to subchapter -III of chapter 83 of that title, and (2) the present value of the -otherwise unfunded accruing costs, as determined by OPM for USPTO's -specific use of post-retirement life insurance and post-retirement -health benefits coverage for all USPTO employees who are enrolled in -Federal Employees Health Benefits (FEHB) and Federal Employees Group -Life Insurance (FEGLI), shall be transferred to the Civil Service -Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB -Fund, as appropriate, and shall be available for the authorized -purposes of those accounts: Provided further, That any differences -between the present value factors published in OPM's yearly 300 series -benefit letters and the factors that OPM provides for USPTO's specific -use shall be recognized as an imputed cost on USPTO's financial -statements, where applicable: Provided further, That, notwithstanding -any other provision of law, all fees and surcharges assessed and -collected by USPTO are available for USPTO only pursuant to section -42(c) of title 35, United States Code, as amended by section 22 of the -Leahy-Smith America Invents Act (Public Law 112-29): Provided further, -That within the amounts appropriated, $1,500,000 shall be transferred -to the ``Office of Inspector General'' account for activities -associated with carrying out investigations and audits related to the -USPTO. - - National Institute of Standards and Technology - - scientific and technical research and services - - (including transfer of funds) - - For necessary expenses of the National Institute of Standards and -Technology (NIST), $751,000,000 (reduced by $4,000,000) (increased by -$4,000,000), to remain available until expended, of which not to exceed -$9,000,000 may be transferred to the ``Working Capital Fund'': -Provided, That not to exceed $5,000 shall be for official reception and -representation expenses: Provided further, That NIST may provide local -transportation for summer undergraduate research fellowship program -participants. - - industrial technology services - - For necessary expenses for industrial technology services, -$169,172,000, to remain available until expended, of which $154,000,000 -shall be for the Hollings Manufacturing Extension Partnership, and of -which $15,172,000 shall be for the National Network for Manufacturing -Innovation (also known as ``Manufacturing USA''). - - construction of research facilities - - For construction of new research facilities, including -architectural and engineering design, and for renovation and -maintenance of existing facilities, not otherwise provided for the -National Institute of Standards and Technology, as authorized by -sections 13 through 15 of the National Institute of Standards and -Technology Act (15 U.S.C. 278c-278e), $120,000,000 (increased by -$120,000,000) (reduced by $120,000,000), to remain available until -expended: Provided, That the Secretary of Commerce shall include in -the budget justification materials that the Secretary submits to -Congress in support of the Department of Commerce budget (as submitted -with the budget of the President under section 1105(a) of title 31, -United States Code) an estimate for each National Institute of -Standards and Technology construction project having a total multi-year -program cost of more than $5,000,000, and simultaneously the budget -justification materials shall include an estimate of the budgetary -requirements for each such project for each of the 5 subsequent fiscal -years. - - National Oceanic and Atmospheric Administration - - operations, research, and facilities - - (including transfer of funds) - - For necessary expenses of activities authorized by law for the -National Oceanic and Atmospheric Administration, including maintenance, -operation, and hire of aircraft and vessels; pilot programs for state- -led fisheries management, notwithstanding any other provision of law; -grants, contracts, or other payments to nonprofit organizations for the -purposes of conducting activities pursuant to cooperative agreements; -and relocation of facilities, $3,920,625,000 (reduced by $3,600,000) -(increased by $2,000,000) (reduced by $1,500,000) (increased by -$1,500,000) (increased by $1,500,000), to remain available until -September 30, 2021: Provided, That fees and donations received by the -National Ocean Service for the management of national marine -sanctuaries may be retained and used for the salaries and expenses -associated with those activities, notwithstanding section 3302 of title -31, United States Code: Provided further, That in addition, -$177,782,000 shall be derived by transfer from the fund entitled -``Promote and Develop Fishery Products and Research Pertaining to -American Fisheries'', which shall only be used for the Fisheries -Science and Management program activities: Provided further, That of -the $4,115,907,000 (increased by $2,000,000) (increased by $1,500,000) -provided for in direct obligations under this heading, $3,920,625,000 -(increased by $2,000,000) (increased by $1,500,000) is appropriated -from the general fund, $177,782,000 is provided by transfer, and -$17,500,000 is derived from recoveries of prior year obligations: -Provided further, That any deviation from the amounts designated for -specific activities in the report accompanying this Act, or any use of -deobligated balances of funds provided under this heading in previous -years, shall be subject to the procedures set forth in section 505 of -this Act: Provided further, That in addition, for necessary retired -pay expenses under the Retired Serviceman's Family Protection and -Survivor Benefits Plan, and for payments for the medical care of -retired personnel and their dependents under the Dependents' Medical -Care Act (10 U.S.C. ch. 55), such sums as may be necessary. - - procurement, acquisition, and construction - - (including transfer of funds) - - For procurement, acquisition, and construction of capital assets, -including alteration and modification costs, of the National Oceanic -and Atmospheric Administration, $1,496,000,000 (reduced by $9,000,000) -(increased by $9,000,000), to remain available until September 30, -2022, except that funds provided for acquisition and construction of -vessels and construction of facilities shall remain available until -expended: Provided, That of the $1,509,000,000 provided for in direct -obligations under this heading, $1,496,000,000 is appropriated from the -general fund and $13,000,000 is provided from recoveries of prior year -obligations: Provided further, That any deviation from the amounts -designated for specific activities in the report accompanying this Act, -or any use of deobligated balances of funds provided under this heading -in previous years, shall be subject to the procedures set forth in -section 505 of this Act: Provided further, That the Secretary of -Commerce shall include in budget justification materials that the -Secretary submits to Congress in support of the Department of Commerce -budget (as submitted with the budget of the President under section -1105(a) of title 31, United States Code) an estimate for each National -Oceanic and Atmospheric Administration procurement, acquisition, or -construction project having a total of more than $5,000,000 and -simultaneously the budget justification shall include an estimate of -the budgetary requirements for each such project for each of the 5 -subsequent fiscal years: Provided further, That, within the amounts -appropriated, $1,302,000 shall be transferred to the ``Office of -Inspector General'' account for activities associated with carrying out -investigations and audits related to satellite procurement, -acquisition, and construction. - - pacific coastal salmon recovery - - For necessary expenses associated with the restoration of Pacific -salmon populations, $65,000,000, to remain available until September -30, 2021: Provided, That, of the funds provided herein, the Secretary -of Commerce may issue grants to the States of Washington, Oregon, -Idaho, Nevada, California, and Alaska, and to the Federally recognized -tribes of the Columbia River and Pacific Coast (including Alaska), for -projects necessary for conservation of salmon and steelhead populations -that are listed as threatened or endangered, or that are identified by -a State as at-risk to be so listed, for maintaining populations -necessary for exercise of tribal treaty fishing rights or native -subsistence fishing, or for conservation of Pacific coastal salmon and -steelhead habitat, based on guidelines to be developed by the Secretary -of Commerce: Provided further, That all funds shall be allocated based -on scientific and other merit principles and shall not be available for -marketing activities: Provided further, That funds disbursed to States -shall be subject to a matching requirement of funds or documented in- -kind contributions of at least 33 percent of the Federal funds. - - fishermen's contingency fund - - For carrying out the provisions of title IV of Public Law 95-372, -not to exceed $349,000, to be derived from receipts collected pursuant -to that Act, to remain available until expended. - - fishery disaster assistance - - For the necessary expenses associated with the mitigation of -fishery disasters, $15,000,000, to remain available until expended: -Provided, That funds shall be used for mitigating the effects of -commercial fishery failures and fishery resource disasters as declared -by the Secretary of Commerce. - - fisheries finance program account - - Subject to section 502 of the Congressional Budget Act of 1974, -during fiscal year 2020, obligations of direct loans may not exceed -$24,000,000 for Individual Fishing Quota loans and not to exceed -$100,000,000 for traditional direct loans as authorized by the Merchant -Marine Act of 1936. - - Departmental Management - - salaries and expenses - - For necessary expenses for the management of the Department of -Commerce provided for by law, including not to exceed $4,500 for -official reception and representation, $40,000,000 (reduced by -$2,500,000) (increased by $3,600,000) (reduced by $2,000,000) (reduced -by $2,000,000) (reduced by $914,000): Provided, That of the funds -provided under this heading, $15,000,000 shall be withheld from -obligation until the Secretary updates and resubmits to the Committees -on Appropriations of the House of Representatives and the Senate the -plan for expenditure described in the third proviso under the heading -``Bureau of the Census--Periodic Census and Programs'' in division C of -Public Law 116-6. - - renovation and modernization - - For necessary expenses for the renovation and modernization of -Department of Commerce facilities, $1,100,000, to remain available -until expended. - - office of inspector general - - For necessary expenses of the Office of Inspector General in -carrying out the provisions of the Inspector General Act of 1978 (5 -U.S.C. App.), $35,043,000 (increased by $914,000): Provided, That -notwithstanding section 6413(b) of the Middle Class Tax Relief and Job -Creation Act of 2012 (Public Law 112-96), $2,000,000, to remain -available until expended, from the amounts provided under this heading, -shall be derived from the Public Safety Trust Fund for activities -associated with carrying out investigations and audits related to the -First Responder Network Authority (FirstNet). - - General Provisions--Department of Commerce - - Sec. 101. During the current fiscal year, applicable -appropriations and funds made available to the Department of Commerce -by this Act shall be available for the activities specified in the Act -of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner -prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used -for advanced payments not otherwise authorized only upon the -certification of officials designated by the Secretary of Commerce that -such payments are in the public interest. - Sec. 102. During the current fiscal year, appropriations made -available to the Department of Commerce by this Act for salaries and -expenses shall be available for hire of passenger motor vehicles as -authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 -U.S.C. 3109; and uniforms or allowances therefor, as authorized by law -(5 U.S.C. 5901-5902). - Sec. 103. The Secretary of Commerce shall notify the Committees on -Appropriations at least 15 days in advance of the acquisition or -disposal of any capital asset (including land, structures, and -equipment) not specifically provided for in this Act or any other law -appropriating funds to the Department of Commerce. - Sec. 104. The requirements set forth by section 105 of the -Commerce, Justice, Science, and Related Agencies Appropriations Act, -2012 (Public Law 112-55), as amended by section 105 of title I of -division B of Public Law 113-6, are hereby adopted by reference and -made applicable with respect to fiscal year 2020: Provided, That the -life cycle cost for the Joint Polar Satellite System is $11,322,125,000 -and the life cycle cost for the Geostationary Operational Environmental -Satellite R-Series Program is $10,828,059,000. - Sec. 105. Notwithstanding any other provision of law, the -Secretary may furnish services (including but not limited to utilities, -telecommunications, and security services) necessary to support the -operation, maintenance, and improvement of space that persons, firms, -or organizations are authorized, pursuant to the Public Buildings -Cooperative Use Act of 1976 or other authority, to use or occupy in the -Herbert C. Hoover Building, Washington, DC, or other buildings, the -maintenance, operation, and protection of which has been delegated to -the Secretary from the Administrator of General Services pursuant to -the Federal Property and Administrative Services Act of 1949 on a -reimbursable or non-reimbursable basis. Amounts received as -reimbursement for services provided under this section or the authority -under which the use or occupancy of the space is authorized, up to -$100,000, shall be credited to the appropriation or fund which -initially bears the costs of such services. - Sec. 106. Nothing in this title shall be construed to prevent a -grant recipient from deterring child pornography, copyright -infringement, or any other unlawful activity over its networks. - Sec. 107. The Administrator of the National Oceanic and -Atmospheric Administration is authorized to use, with their consent, -with reimbursement and subject to the limits of available -appropriations, the land, services, equipment, personnel, and -facilities of any department, agency, or instrumentality of the United -States, or of any State, local government, Indian tribal government, -Territory, or possession, or of any political subdivision thereof, or -of any foreign government or international organization, for purposes -related to carrying out the responsibilities of any statute -administered by the National Oceanic and Atmospheric Administration. - Sec. 108. The National Technical Information Service shall not -charge any customer for a copy of any report or document generated by -the Legislative Branch unless the Service has provided information to -the customer on how an electronic copy of such report or document may -be accessed and downloaded for free online. Should a customer still -require the Service to provide a printed or digital copy of the report -or document, the charge shall be limited to recovering the Service's -cost of processing, reproducing, and delivering such report or -document. - Sec. 109. To carry out the responsibilities of the National -Oceanic and Atmospheric Administration (NOAA), the Administrator of -NOAA is authorized to: (1) enter into grants and cooperative agreements -with; (2) use on a non-reimbursable basis land, services, equipment, -personnel, and facilities provided by; and (3) receive and expend funds -made available on a consensual basis from: a Federal agency, State or -subdivision thereof, local government, tribal government, Territory, or -possession or any subdivisions thereof: Provided, That funds received -for permitting and related regulatory activities pursuant to this -section shall be deposited under the heading ``National Oceanic and -Atmospheric Administration--Operations, Research, and Facilities'' and -shall remain available until September 30, 2022, for such purposes: -Provided further, That all funds within this section and their -corresponding uses are subject to section 505 of this Act. - Sec. 110. Amounts provided by this Act or by any prior -appropriations Act that remain available for obligation, for necessary -expenses of the programs of the Economics and Statistics Administration -of the Department of Commerce, including amounts provided for programs -of the Bureau of Economic Analysis and the Bureau of the Census, shall -be available for expenses of cooperative agreements with appropriate -entities, including any Federal, State, or local governmental unit, or -institution of higher education, to aid and promote statistical, -research, and methodology activities which further the purposes for -which such amounts have been made available. - Sec. 111. None of the funds made available in this or prior Acts -may be obligated or expended for the travel of personnel within the -Office of the Secretary of Commerce from any account other than the -``Departmental Management--Salaries and Expenses'' account. - This title may be cited as the ``Department of Commerce -Appropriations Act, 2020''. - - TITLE II - - DEPARTMENT OF JUSTICE - - General Administration - - salaries and expenses - - For expenses necessary for the administration of the Department of -Justice, $114,740,000 (reduced by $2,000,000) (reduced by $1,000,000) -(reduced by $5,000,000) (reduced by $1,000,000) (reduced by $1,000,000) -(reduced by $2,500,000) (reduced by $1,000,000) (reduced by $2,000,000) -(reduced by $1,000,000) (reduced by $2,000,000) (reduced by $1,500,000) -(reduced by $1,000,000) (reduced by $2,000,000) (reduced by $2,700,000) -(reduced by $2,000,000) (reduced by $2,000,000) (reduced by $1,500,000) -(reduced by $1,000,000) (reduced by $1,000,000) (reduced by $1,000,000) -(reduced by $500,000) (reduced by $1,000,000), of which not to exceed -$4,000,000 for security and construction of Department of Justice -facilities shall remain available until expended. - - justice information sharing technology - - (including transfer of funds) - - For necessary expenses for information sharing technology, -including planning, development, deployment and departmental direction, -$33,875,000, to remain available until expended: Provided, That the -Attorney General may transfer up to $40,000,000 to this account, from -funds available to the Department of Justice for information -technology, to remain available until expended, for enterprise-wide -information technology initiatives: Provided further, That the -transfer authority in the preceding proviso is in addition to any other -transfer authority contained in this Act: Provided further, That any -transfer pursuant to the first proviso shall be treated as a -reprogramming under section 505 of this Act and shall not be available -for obligation or expenditure except in compliance with the procedures -set forth in that section. - - executive office for immigration review - - (including transfer of funds) - - For expenses necessary for the administration of immigration- -related activities of the Executive Office for Immigration Review, -$672,966,000 (reduced by $1) (increased by $1), of which $4,000,000 -shall be derived by transfer from the Executive Office for Immigration -Review fees deposited in the ``Immigration Examinations Fee'' account, -and of which not less than $25,000,000 shall be available for services -and activities provided by the Legal Orientation Program: Provided, -That not to exceed $35,000,000 of the total amount made available under -this heading shall remain available until expended. - - office of inspector general - - For necessary expenses of the Office of Inspector General, -$105,500,000, including not to exceed $10,000 to meet unforeseen -emergencies of a confidential character: Provided, That not to exceed -$2,000,000 shall remain available until September 30, 2021. - - United States Parole Commission - - salaries and expenses - - For necessary expenses of the United States Parole Commission as -authorized, $13,308,000: Provided, That, notwithstanding any other -provision of law, upon the expiration of a term of office of a -Commissioner, the Commissioner may continue to act until a successor -has been appointed. - - Legal Activities - - salaries and expenses, general legal activities - - For expenses necessary for the legal activities of the Department -of Justice, not otherwise provided for, including not to exceed $20,000 -for expenses of collecting evidence, to be expended under the direction -of, and to be accounted for solely under the certificate of, the -Attorney General; the administration of pardon and clemency petitions; -and rent of private or Government-owned space in the District of -Columbia, $934,600,000 (reduced by $1,000,000) (increased by -$1,000,000) (reduced by $2,000,000) (increased by $2,000,000), of which -not to exceed $20,000,000 for litigation support contracts shall remain -available until expended: Provided, That of the amount provided for -INTERPOL Washington dues payments, not to exceed $685,000 shall remain -available until expended: Provided further, That of the total amount -appropriated, not to exceed $9,000 shall be available to INTERPOL -Washington for official reception and representation expenses: -Provided further, That notwithstanding section 205 of this Act, upon a -determination by the Attorney General that emergent circumstances -require additional funding for litigation activities of the Civil -Division, the Attorney General may transfer such amounts to ``Salaries -and Expenses, General Legal Activities'' from available appropriations -for the current fiscal year for the Department of Justice, as may be -necessary to respond to such circumstances: Provided further, That any -transfer pursuant to the preceding proviso shall be treated as a -reprogramming under section 505 of this Act and shall not be available -for obligation or expenditure except in compliance with the procedures -set forth in that section: Provided further, That of the amount -appropriated, such sums as may be necessary shall be available to the -Civil Rights Division for salaries and expenses associated with the -election monitoring program under section 8 of the Voting Rights Act of -1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel -Management for such salaries and expenses: Provided further, That of -the amounts provided under this heading for the election monitoring -program, $3,390,000 shall remain available until expended: Provided -further, That of the amount appropriated, not less than $197,387,000 -shall be available for the Criminal Division, including related -expenses for the Mutual Legal Assistance Treaty Program. - In addition, for reimbursement of expenses of the Department of -Justice associated with processing cases under the National Childhood -Vaccine Injury Act of 1986, not to exceed $13,000,000, to be -appropriated from the Vaccine Injury Compensation Trust Fund. - - salaries and expenses, antitrust division - - For expenses necessary for the enforcement of antitrust and kindred -laws, $166,755,000, to remain available until expended: Provided, That -notwithstanding any other provision of law, fees collected for -premerger notification filings under the Hart-Scott-Rodino Antitrust -Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of -collection (and estimated to be $141,000,000 in fiscal year 2020), -shall be retained and used for necessary expenses in this -appropriation, and shall remain available until expended: Provided -further, That the sum herein appropriated from the general fund shall -be reduced as such offsetting collections are received during fiscal -year 2020, so as to result in a final fiscal year 2020 appropriation -from the general fund estimated at $25,755,000. - - salaries and expenses, united states attorneys - - For necessary expenses of the Offices of the United States -Attorneys, including inter-governmental and cooperative agreements, -$2,329,800,000: Provided, That of the total amount appropriated, not -to exceed $7,200 shall be available for official reception and -representation expenses: Provided further, That not to exceed -$25,000,000 shall remain available until expended: Provided further, -That each United States Attorney shall establish or participate in a -task force on human trafficking. - - united states trustee system fund - - For necessary expenses of the United States Trustee Program, as -authorized, $227,229,000, to remain available until expended: -Provided, That, notwithstanding any other provision of law, deposits to -the United States Trustee System Fund and amounts herein appropriated -shall be available in such amounts as may be necessary to pay refunds -due depositors: Provided further, That, notwithstanding any other -provision of law, fees deposited into the Fund pursuant to section -589a(b) of title 28, United States Code (as limited by section 1004(b) -of the Bankruptcy Judgeship Act of 2017 (division B of Public Law 115- -72)), shall be retained and used for necessary expenses in this -appropriation and shall remain available until expended: Provided -further, That to the extent that fees deposited into the Fund in fiscal -year 2020, net of amounts necessary to pay refunds due depositors, -exceed $227,229,000, those excess amounts shall be available in future -fiscal years only to the extent provided in advance in appropriations -Acts: Provided further, That the sum herein appropriated from the -general fund shall be reduced: (1) as such fees are received during -fiscal year 2020, net of amounts necessary to pay refunds due -depositors, (estimated at $309,000,000); and (2) to the extent that any -remaining general fund appropriations can be derived from amounts -deposited in the Fund in previous fiscal years that are not otherwise -appropriated, so as to result in a final fiscal year 2020 appropriation -from the general fund estimated at $0. - - salaries and expenses, foreign claims settlement commission - - For expenses necessary to carry out the activities of the Foreign -Claims Settlement Commission, including services as authorized by -section 3109 of title 5, United States Code, $2,335,000. - - fees and expenses of witnesses - - For fees and expenses of witnesses, for expenses of contracts for -the procurement and supervision of expert witnesses, for private -counsel expenses, including advances, and for expenses of foreign -counsel, $270,000,000, to remain available until expended, of which not -to exceed $16,000,000 is for construction of buildings for protected -witness safesites; not to exceed $3,000,000 is for the purchase and -maintenance of armored and other vehicles for witness security -caravans; and not to exceed $18,000,000 is for the purchase, -installation, maintenance, and upgrade of secure telecommunications -equipment and a secure automated information network to store and -retrieve the identities and locations of protected witnesses: -Provided, That amounts made available under this heading may not be -transferred pursuant to section 205 of this Act. - - salaries and expenses, community relations service - - (including transfer of funds) - - For necessary expenses of the Community Relations Service, -$17,000,000: Provided, That notwithstanding section 205 of this Act, -upon a determination by the Attorney General that emergent -circumstances require additional funding for conflict resolution and -violence prevention activities of the Community Relations Service, the -Attorney General may transfer such amounts to the Community Relations -Service, from available appropriations for the current fiscal year for -the Department of Justice, as may be necessary to respond to such -circumstances: Provided further, That any transfer pursuant to the -preceding proviso shall be treated as a reprogramming under section 505 -of this Act and shall not be available for obligation or expenditure -except in compliance with the procedures set forth in that section. - - assets forfeiture fund - - For expenses authorized by subparagraphs (B), (F), and (G) of -section 524(c)(1) of title 28, United States Code, $20,514,000, to be -derived from the Department of Justice Assets Forfeiture Fund. - - United States Marshals Service - - salaries and expenses - - For necessary expenses of the United States Marshals Service, -$1,444,600,000, of which not to exceed $6,000 shall be available for -official reception and representation expenses, and not to exceed -$25,000,000 shall remain available until expended. - - construction - - For construction in space controlled, occupied or utilized by the -United States Marshals Service for prisoner holding and related -support, $15,000,000, to remain available until expended. - - federal prisoner detention - - For necessary expenses related to United States prisoners in the -custody of the United States Marshals Service as authorized by section -4013 of title 18, United States Code, $1,792,461,000 (reduced by -$13,000,000), to remain available until expended: Provided, That not -to exceed $20,000,000 shall be considered ``funds appropriated for -State and local law enforcement assistance'' pursuant to section -4013(b) of title 18, United States Code: Provided further, That the -United States Marshals Service shall be responsible for managing the -Justice Prisoner and Alien Transportation System. - - National Security Division - - salaries and expenses - - (including transfer of funds) - - For expenses necessary to carry out the activities of the National -Security Division, $109,585,000 (increased by $1,000,000), of which not -to exceed $5,000,000 for information technology systems shall remain -available until expended: Provided, That notwithstanding section 205 -of this Act, upon a determination by the Attorney General that emergent -circumstances require additional funding for the activities of the -National Security Division, the Attorney General may transfer such -amounts to this heading from available appropriations for the current -fiscal year for the Department of Justice, as may be necessary to -respond to such circumstances: Provided further, That any transfer -pursuant to the preceding proviso shall be treated as a reprogramming -under section 505 of this Act and shall not be available for obligation -or expenditure except in compliance with the procedures set forth in -that section. - - Interagency Law Enforcement - - interagency crime and drug enforcement - - For necessary expenses for the identification, investigation, and -prosecution of individuals associated with the most significant drug -trafficking organizations, transnational organized crime, and money -laundering organizations not otherwise provided for, to include inter- -governmental agreements with State and local law enforcement agencies -engaged in the investigation and prosecution of individuals involved in -transnational organized crime and drug trafficking, $570,000,000, of -which $50,000,000 shall remain available until expended: Provided, -That any amounts obligated from appropriations under this heading may -be used under authorities available to the organizations reimbursed -from this appropriation. - - Federal Bureau of Investigation - - salaries and expenses - - For necessary expenses of the Federal Bureau of Investigation for -detection, investigation, and prosecution of crimes against the United -States, $9,455,928,000, of which not to exceed $216,000,000 shall -remain available until expended: Provided, That not to exceed $184,500 -shall be available for official reception and representation expenses. - - construction - - For necessary expenses, to include the cost of equipment, -furniture, and information technology requirements, related to -construction or acquisition of buildings, facilities and sites by -purchase, or as otherwise authorized by law; conversion, modification -and extension of federally owned buildings; preliminary planning and -design of projects; and operation and maintenance of secure work -environment facilities and secure networking capabilities; $51,895,000, -to remain available until expended. - - Drug Enforcement Administration - - salaries and expenses - - For necessary expenses of the Drug Enforcement Administration, -including not to exceed $70,000 to meet unforeseen emergencies of a -confidential character pursuant to section 530C of title 28, United -States Code; and expenses for conducting drug education and training -programs, including travel and related expenses for participants in -such programs and the distribution of items of token value that promote -the goals of such programs, $2,356,858,000 (reduced by $5,000,000), of -which not to exceed $75,000,000 shall remain available until expended -and not to exceed $90,000 shall be available for official reception and -representation expenses. - - Bureau of Alcohol, Tobacco, Firearms and Explosives - - salaries and expenses - - For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms -and Explosives, for training of State and local law enforcement -agencies with or without reimbursement, including training in -connection with the training and acquisition of canines for explosives -and fire accelerants detection; and for provision of laboratory -assistance to State and local law enforcement agencies, with or without -reimbursement, $1,439,000,000, of which not to exceed $36,000 shall be -for official reception and representation expenses, not to exceed -$1,000,000 shall be available for the payment of attorneys' fees as -provided by section 924(d)(2) of title 18, United States Code, and not -to exceed $25,000,000 shall remain available until expended: Provided, -That none of the funds appropriated herein shall be available to -investigate or act upon applications for relief from Federal firearms -disabilities under section 925(c) of title 18, United States Code: -Provided further, That such funds shall be available to investigate and -act upon applications filed by corporations for relief from Federal -firearms disabilities under section 925(c) of title 18, United States -Code: Provided further, That no funds made available by this or any -other Act may be used to transfer the functions, missions, or -activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives -to other agencies or Departments. - - Federal Prison System - - salaries and expenses - - (including transfer of funds) - - For necessary expenses of the Federal Prison System for the -administration, operation, and maintenance of Federal penal and -correctional institutions, and for the provision of technical -assistance and advice on corrections related issues to foreign -governments, $7,325,000,000 (reduced by $1) (increased by $1) -(increased by $2,000,000) (reduced by $2,000,000) (reduced by -$1,000,000) (increased by $1,000,000): Provided, That the Attorney -General may transfer to the Department of Health and Human Services -such amounts as may be necessary for direct expenditures by that -Department for medical relief for inmates of Federal penal and -correctional institutions: Provided further, That the Director of the -Federal Prison System, where necessary, may enter into contracts with a -fiscal agent or fiscal intermediary claims processor to determine the -amounts payable to persons who, on behalf of the Federal Prison System, -furnish health services to individuals committed to the custody of the -Federal Prison System: Provided further, That not to exceed $5,400 -shall be available for official reception and representation expenses: -Provided further, That not to exceed $50,000,000 shall remain available -for necessary operations until September 30, 2021: Provided further, -That, of the amounts provided for contract confinement, not to exceed -$20,000,000 shall remain available until expended to make payments in -advance for grants, contracts and reimbursable agreements, and other -expenses: Provided further, That the Director of the Federal Prison -System may accept donated property and services relating to the -operation of the prison card program from a not-for-profit entity which -has operated such program in the past, notwithstanding the fact that -such not-for-profit entity furnishes services under contracts to the -Federal Prison System relating to the operation of pre-release -services, halfway houses, or other custodial facilities. - - buildings and facilities - - For planning, acquisition of sites, and construction of new -facilities; purchase and acquisition of facilities and remodeling, and -equipping of such facilities for penal and correctional use, including -all necessary expenses incident thereto, by contract or force account; -and constructing, remodeling, and equipping necessary buildings and -facilities at existing penal and correctional institutions, including -all necessary expenses incident thereto, by contract or force account, -$150,000,000, to remain available until expended: Provided, That labor -of United States prisoners may be used for work performed under this -appropriation. - - federal prison industries, incorporated - - The Federal Prison Industries, Incorporated, is hereby authorized -to make such expenditures within the limits of funds and borrowing -authority available, and in accord with the law, and to make such -contracts and commitments without regard to fiscal year limitations as -provided by section 9104 of title 31, United States Code, as may be -necessary in carrying out the program set forth in the budget for the -current fiscal year for such corporation. - - limitation on administrative expenses, federal prison industries, - incorporated - - Not to exceed $2,700,000 of the funds of the Federal Prison -Industries, Incorporated, shall be available for its administrative -expenses, and for services as authorized by section 3109 of title 5, -United States Code, to be computed on an accrual basis to be determined -in accordance with the corporation's current prescribed accounting -system, and such amounts shall be exclusive of depreciation, payment of -claims, and expenditures which such accounting system requires to be -capitalized or charged to cost of commodities acquired or produced, -including selling and shipping expenses, and expenses in connection -with acquisition, construction, operation, maintenance, improvement, -protection, or disposition of facilities and other property belonging -to the corporation or in which it has an interest. - - State and Local Law Enforcement Activities - - Office on Violence Against Women - - violence against women prevention and prosecution programs - - (including transfer of funds) - - For grants, contracts, cooperative agreements, and other assistance -for the prevention and prosecution of violence against women, as -authorized by the Omnibus Crime Control and Safe Streets Act of 1968 -(34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control -and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 -Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) -(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end -the Exploitation of Children Today Act of 2003 (Public Law 108-21); the -Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. -11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and -Violence Protection Act of 2000 (Public Law 106-386) (``the 2000 -Act''); the Violence Against Women and Department of Justice -Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); -the Violence Against Women Reauthorization Act of 2013 (Public Law 113- -4) (``the 2013 Act''); and the Rape Survivor Child Custody Act of 2015 -(Public Law 114-22) (``the 2015 Act''); and for related victims -services, $582,500,000 (increased by $5,000,000) (increased by -$2,000,000) (increased by $2,000,000) (increased by $1,000,000) -(reduced by $1,000,000) (increased by $1,000,000), to remain available -until expended, which shall be derived by transfer from amounts -available for obligation in this Act from the Fund established by -section 1402 of chapter XIV of title II of Public Law 98-473 (34 U.S.C. -20101), notwithstanding section 1402(d) of such Act of 1984, and merged -with the amounts otherwise made available under this heading: -Provided, That except as otherwise provided by law, not to exceed 5 -percent of funds made available under this heading may be used for -expenses related to evaluation, training, and technical assistance: -Provided further, That of the amount provided-- - (1) $222,000,000 is for grants to combat violence against - women, as authorized by part T of the 1968 Act; - (2) $41,000,000 (increased by $1,000,000) is for - transitional housing assistance grants for victims of domestic - violence, dating violence, stalking, or sexual assault as - authorized by section 40299 of the 1994 Act; - (3) $3,000,000 is for the National Institute of Justice and - the Bureau of Justice Statistics for research, evaluation, and - statistics of violence against women and related issues - addressed by grant programs of the Office on Violence Against - Women, which shall be transferred to ``Research, Evaluation and - Statistics'' for administration by the Office of Justice - Programs; - (4) $20,000,000 (reduced by $2,000,000) (increased by - $2,000,000) is for a grant program to provide services to - advocate for and respond to youth victims of domestic violence, - dating violence, sexual assault, and stalking; assistance to - children and youth exposed to such violence; programs to engage - men and youth in preventing such violence; and assistance to - middle and high school students through education and other - services related to such violence: Provided, That unobligated - balances available for the programs authorized by sections - 41201, 41204, 41303, and 41305 of the 1994 Act, prior to its - amendment by the 2013 Act, shall be available for this program: - Provided further, That 10 percent of the total amount - available for this grant program shall be available for grants - under the program authorized by section 2015 of the 1968 Act: - Provided further, That the definitions and grant conditions in - section 40002 of the 1994 Act shall apply to this program; - (5) $62,000,000 is for grants to encourage arrest policies - as authorized by part U of the 1968 Act, of which $4,000,000 is - for a homicide reduction initiative; - (6) $50,000,000 is for sexual assault victims assistance, - as authorized by section 41601 of the 1994 Act; - (7) $50,000,000 is for rural domestic violence and child - abuse enforcement assistance grants, as authorized by section - 40295 of the 1994 Act; - (8) $26,000,000 is for grants to reduce violent crimes - against women on campus, as authorized by section 304 of the - 2005 Act; - (9) $57,000,000 (increased by $2,000,000) is for legal - assistance for victims, as authorized by section 1201 of the - 2000 Act; - (10) $9,000,000 is for enhanced training and services to - end violence against and abuse of women in later life, as - authorized by section 40801 of the 1994 Act; - (11) $22,000,000 is for grants to support families in the - justice system, as authorized by section 1301 of the 2000 Act: - Provided, That unobligated balances available for the programs - authorized by section 1301 of the 2000 Act and section 41002 of - the 1994 Act, prior to their amendment by the 2013 Act, shall - be available for this program; - (12) $9,000,000 is for education and training to end - violence against and abuse of women with disabilities, as - authorized by section 1402 of the 2000 Act; - (13) $1,000,000 is for the National Resource Center on - Workplace Responses to assist victims of domestic violence, as - authorized by section 41501 of the 1994 Act; - (14) $1,000,000 is for analysis and research on violence - against Indian women, including as authorized by section 904 of - the 2005 Act: Provided, That such funds may be transferred to - ``Research, Evaluation and Statistics'' for administration by - the Office of Justice Programs; - (15) $1,000,000 is for a national clearinghouse that - provides training and technical assistance on issues relating - to sexual assault of American Indian and Alaska Native women; - (16) $5,000,000 (increased by $5,000,000) is for grants to - assist tribal governments in exercising special domestic - violence criminal jurisdiction, as authorized by section 904 of - the 2013 Act: Provided, That the grant conditions in section - 40002(b) of the 1994 Act shall apply to this program; and - (17) $3,500,000 is for the purposes authorized under the - 2015 Act. - - Office of Justice Programs - - research, evaluation and statistics - - For grants, contracts, cooperative agreements, and other assistance -authorized by title I of the Omnibus Crime Control and Safe Streets Act -of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency -Prevention Act of 1974 (``the 1974 Act''); the Missing Children's -Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies -and Other Tools to end the Exploitation of Children Today Act of 2003 -(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108- -405); the Violence Against Women and Department of Justice -Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); -the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second -Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of -1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety -Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT -Our Children Act of 2008 (Public Law 110-401); subtitle D of title II -of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 -Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110- -180); the Violence Against Women Reauthorization Act of 2013 (Public -Law 113-4) (``the 2013 Act''); and other programs, $80,000,000 -(increased by $2,000,000), to remain available until expended, of -which-- - (1) $43,000,000 is for criminal justice statistics - programs, and other activities, as authorized by part C of - title I of the 1968 Act, of which $5,000,000 is for a - nationwide incident-based crime statistics program; and - (2) $37,000,000 (increased by $2,000,000) is for research, - development, and evaluation programs, and other activities as - authorized by part B of title I of the 1968 Act and subtitle D - of title II of the 2002 Act, of which $5,000,000 is for - research targeted toward developing a better understanding of - the domestic radicalization phenomenon, and advancing evidence- - based strategies for effective intervention and prevention; - $1,000,000 (increased by $1,000,000) is for research to study - the root causes of school violence to include the impact and - effectiveness of grants made under the STOP School Violence - Act; $1,000,000 is for a study to better protect children - against online predatory behavior as part of the National - Juvenile Online Victimization Studies (N-JOVS); $3,000,000 - (increased by $2,000,000) is for a national center for - restorative justice; and $3,000,000 is for corrections-related - research, and $1,500,000 is for expenses (including research - and evaluation) associated with the National Institute of - Justice's implementation of the First Step Act of 2018 (Public - Law 115-391). - - state and local law enforcement assistance - - (including transfer of funds) - - For grants, contracts, cooperative agreements, and other assistance -authorized by the Violent Crime Control and Law Enforcement Act of 1994 -(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and -Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of -2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 -(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims -Protection Reauthorization Act of 2005 (Public Law 109-164); the -Violence Against Women and Department of Justice Reauthorization Act of -2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child -Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam -Walsh Act''); the Victims of Trafficking and Violence Protection Act of -2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007 -(Public Law 110-180); subtitle D of title II of the Homeland Security -Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance -Act of 2007 (Public Law 110-199); the Prioritizing Resources and -Organization for Intellectual Property Act of 2008 (Public Law 110- -403); the Victims of Crime Act of 1984 (Public Law 98-473); the -Mentally Ill Offender Treatment and Crime Reduction Reauthorization and -Improvement Act of 2008 (Public Law 110-416); the Violence Against -Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 -Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public -Law 114-198) (``CARA''); the Justice for All Reauthorization Act of -2016 (Public Law 114-324); Kevin and Avonte's Law (division Q of Public -Law 115-141) (``Kevin and Avonte's Law''); the Keep Young Athletes Safe -Act of 2018 (title III of division S of Public Law 115-141) (``the Keep -Young Athletes Safe Act''); the STOP School Violence Act of 2018 (title -V of division S of Public Law 115-141) (``the STOP School Violence -Act''); the Fix NICS Act of 2018 (title VI of division S of Public Law -115-141); the Project Safe Neighborhoods Grant Program Authorization -Act of 2018 (Public Law 115-185); and the SUPPORT for Patients and -Communities Act (Public Law 115-271); and other programs, -$1,933,000,000 (increased by $2,500,000) (increased by $5,000,000) -(increased by $1,000,000) (increased by $2,500,000) (increased by -$1,000,000) (increased by $2,000,000) (increased by $1,500,000) -(increased by $2,000,000) (increased by $5,000,000) (reduced by -$5,000,000) (reduced by $15,000,000) (increased by $15,000,000) -(increased by $2,000,000) (increased by $1,000,000) (increased by -$5,000,000) (increased by $500,000) (increased by $1,000,000), to -remain available until expended as follows-- - (1) $530,250,000 (increased by $1,000,000) for the Edward - Byrne Memorial Justice Assistance Grant program as authorized - by subpart 1 of part E of title I of the 1968 Act (except that - section 1001(c), and the special rules for Puerto Rico under - section 505(g) of title I of the 1968 Act shall not apply for - purposes of this Act), of which, notwithstanding such subpart - 1, $15,000,000 is for the Officer Robert Wilson III Memorial - Initiative on Preventing Violence Against Law Enforcement - Officer Resilience and Survivability (VALOR), $7,500,000 is for - an initiative to support evidence-based policing, $10,000,000 - (increased by $1,000,000) is for an initiative to enhance - prosecutorial decision-making, $3,600,000 is for the - operationalization, maintenance and expansion of the National - Missing and Unidentified Persons System, $2,500,000 (reduced by - $2,500,000) (increased by $2,500,000) is for an academic based - training initiative to improve police-based responses to people - with mental illness or developmental disabilities, $2,000,000 - (increased by $2,000,000) is for a student loan repayment - assistance program pursuant to section 952 of Public Law 110- - 315, $15,500,000 is for prison rape prevention and prosecution - grants to States and units of local government, and other - programs, as authorized by the Prison Rape Elimination Act of - 2003 (Public Law 108-79), $2,000,000 is for a grant program - authorized by Kevin and Avonte's Law, $3,000,000 is for a - regional law enforcement technology initiative, $7,000,000 is - for the Capital Litigation Improvement Grant Program, as - authorized by section 426 of Public Law 108-405, and for grants - for wrongful conviction review, $2,000,000 is for emergency law - enforcement assistance for events occurring during or after - fiscal year 2020, as authorized by section 609M of the Justice - Assistance Act of 1984 (34 U.S.C. 50101), $2,000,000 is for - grants to States and units of local government to deploy - managed access systems to combat contraband cell phone use in - prison, $4,000,000 is for a program to improve juvenile - indigent defense, $100,000,000 is for grants for law - enforcement activities associated with the presidential - nominating conventions, $20,000,000 is for grants authorized - under the Project Safe Neighborhoods Grant Program - Authorization Act of 2018 (Public Law 115-185), and $8,000,000 - (increased by $2,000,000) is for community-based violence - prevention initiatives; - (2) $260,000,000 for the State Criminal Alien Assistance - Program, as authorized by section 241(i)(5) of the Immigration - and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no - jurisdiction shall request compensation for any cost greater - than the actual cost for Federal immigration and other - detainees housed in State and local detention facilities; - (3) $100,000,000 for victim services programs for victims - of trafficking, as authorized by section 107(b)(2) of Public - Law 106-386, for programs authorized under Public Law 109-164, - or programs authorized under Public Law 113-4; - (4) $14,000,000 for economic, high technology, white - collar, and Internet crime prevention grants, including as - authorized by section 401 of Public Law 110-403, of which - $2,500,000 is for competitive grants that help State and local - law enforcement tackle intellectual property thefts, and - $2,000,000 for a competitive grant program for training - students in computer forensics and digital investigation; - (5) $20,000,000 for sex offender management assistance, as - authorized by the Adam Walsh Act, and related activities; - (6) $25,000,000 (increased by $5,000,000) for the matching - grant program for law enforcement armor vests, as authorized by - section 2501 of title I of the 1968 Act: Provided, That - $1,500,000 is transferred directly to the National Institute of - Standards and Technology's Office of Law Enforcement Standards - for research, testing and evaluation programs; - (7) $1,000,000 (increased by $1,000,000) for the National - Sex Offender Public Website; - (8) $80,000,000 (increased by $5,000,000) (reduced by - $5,000,000) for grants to States to upgrade criminal and mental - health records for the National Instant Criminal Background - Check System, of which no less than $27,500,000 shall be for - grants made under the authorities of the NICS Improvement - Amendments Act of 2007 (Public Law 110-180) and Fix NICS Act of - 2018; - (9) $30,000,000 for Paul Coverdell Forensic Sciences - Improvement Grants under part BB of title I of the 1968 Act; - (10) $142,000,000 (increased by $2,000,000) for DNA-related - and forensic programs and activities, of which-- - (A) $100,000,000 (increased by $2,000,000) is for - the purposes authorized under section 2 of the DNA - Analysis Backlog Elimination Act of 2000 (Public Law - 106-546) (the Debbie Smith DNA Backlog Grant Program): - Provided, That up to 4 percent of funds made available - under this paragraph may be used for the purposes - described in the DNA Training and Education for Law - Enforcement, Correctional Personnel, and Court Officers - program (Public Law 108-405, section 303); - (B) $30,000,000 for other local, State, and Federal - forensic activities; - (C) $8,000,000 is for the purposes described in the - Kirk Bloodsworth Post-Conviction DNA Testing Grant - Program (Public Law 108-405, section 412); and - (D) $4,000,000 is for Sexual Assault Forensic Exam - Program grants, including as authorized by section 304 - of Public Law 108-405; - (11) $49,000,000 (increased by $1,000,000) for a grant - program for community-based sexual assault response reform; - (12) $12,000,000 (increased by $500,000) for the court- - appointed special advocate program, as authorized by section - 217 of the 1990 Act; - (13) $106,500,000 for offender reentry programs and - research, as authorized by the Second Chance Act of 2007 - (Public Law 110-199), without regard to the time limitations - specified at section 6(1) of such Act, of which not to exceed - $6,000,000 is for a program to improve State, local, and tribal - probation or parole supervision efforts and strategies, - $5,000,000 (increased by $3,000,000) is for Children of - Incarcerated Parents Demonstrations to enhance and maintain - parental and family relationships for incarcerated parents as a - reentry or recidivism reduction strategy, and $4,000,000 is for - additional replication sites employing the Project HOPE - Opportunity Probation with Enforcement model implementing swift - and certain sanctions in probation, and for a research project - on the effectiveness of the model: Provided, That up to - $7,500,000 of funds made available in this paragraph may be - used for performance-based awards for Pay for Success projects, - of which up to $5,000,000 (reduced by $4,000,000) (increased by - $4,000,000) shall be for Pay for Success programs implementing - the Permanent Supportive Housing Model; - (14) $80,000,000 (increased by $2,500,000) for initiatives - to improve police-community relations, of which $25,000,000 - (increased by $2,500,000) is for a competitive matching grant - program for purchases of body-worn cameras for State, local and - Tribal law enforcement, $35,000,000 is for a justice - reinvestment initiative, for activities related to criminal - justice reform and recidivism reduction, and $20,000,000 is for - an Edward Byrne Memorial criminal justice innovation program; - (15) $375,000,000 (increased by $2,000,000) (increased by - $1,500,000) (increased by $2,000,000) (increased by $1,000,000) - (increased by $5,000,000) for comprehensive opioid abuse - reduction activities, including as authorized by CARA, and for - the following programs, which shall address opioid abuse - reduction consistent with underlying program authorities-- - (A) $83,000,000 for Drug Courts, as authorized by - section 1001(a)(25)(A) of title I of the 1968 Act; - (B) $35,000,000 (increased by $1,500,000) for - mental health courts and adult and juvenile - collaboration program grants, as authorized by parts V - and HH of title I of the 1968 Act, and the Mentally Ill - Offender Treatment and Crime Reduction Reauthorization - and Improvement Act of 2008 (Public Law 110-416); - (C) $33,000,000 for grants for Residential - Substance Abuse Treatment for State Prisoners, as - authorized by part S of title I of the 1968 Act; - (D) $25,000,000 (increased by $2,000,000) - (increased by $1,000,000) for a veterans treatment - courts program; - (E) $30,000,000 for a program to monitor - prescription drugs and scheduled listed chemical - products; - (F) $159,000,000 (increased by $2,000,000) - (increased by $5,000,000) for a comprehensive opioid - abuse program; and - (G) $10,000,000 is for law enforcement assisted - diversion program grants; - (16) $2,500,000 (increased by $2,500,000) for a competitive - grant program authorized by the Keep Young Athletes Safe Act; - (17) $93,750,000 for grants to be administered by the - Bureau of Justice Assistance including for purposes authorized - under the STOP School Violence Act, of which $2,000,000 is for - a center for campus safety; - (18) $10,000,000 for a competitive grant pilot program for - qualified nonprofit organizations to provide legal - representation to immigrants arriving at the southwest border - seeking asylum and other forms of legal protection in the - United States; and - (19) $2,000,000 for grants to state and local law - enforcement agencies for the expenses associated with the - investigation and prosecution of criminal offenses, involving - civil rights, authorized by the Emmett Till Unsolved Civil - Rights Crimes Reauthorization Act of 2016 (Public Law 114-325). - - juvenile justice programs - - For grants, contracts, cooperative agreements, and other assistance -authorized by the Juvenile Justice and Delinquency Prevention Act of -1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act -of 1968 (``the 1968 Act''); the Violence Against Women and Department -of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 -Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et -seq.); the Prosecutorial Remedies and Other Tools to end the -Exploitation of Children Today Act of 2003 (Public Law 108-21); the -Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 -Act''); the Adam Walsh Child Protection and Safety Act of 2006 (Public -Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of -2008 (Public Law 110-401); the Violence Against Women Reauthorization -Act of 2013 (Public Law 113-4) (``the 2013 Act''); the Justice for All -Reauthorization Act of 2016 (Public Law 114-324); and other juvenile -justice programs, $341,500,000 (increased by $2,000,000) (increased by -$1,000,000) (increased by $1,000,000) (increased by $2,000,000) -(increased by $13,000,000), to remain available until expended as -follows-- - (1) $65,000,000 (increased by $1,000,000) for programs - authorized by section 221 of the 1974 Act, and for training and - technical assistance to assist small, nonprofit organizations - with the Federal grants process: Provided, That of the amounts - provided under this paragraph, $500,000 shall be for a - competitive demonstration grant program to support emergency - planning among State, local and tribal juvenile justice - residential facilities; - (2) $100,000,000 for youth mentoring grants; - (3) $49,500,000 (increased by $1,000,000) (increased by - $1,000,000) (increased by $13,000,000) for delinquency - prevention, as authorized by section 505 of the 1974 Act, of - which, pursuant to sections 261 and 262 thereof-- - (A) $5,000,000 (increased by $1,000,000) shall be - for grants to prevent trafficking of girls; - (B) $7,500,000 shall be for the Tribal Youth - Program; - (C) $500,000 shall be for an Internet site - providing information and resources on children of - incarcerated parents; - (D) $2,000,000 shall be for competitive grants - focusing on girls in the juvenile justice system; - (E) $9,000,000 shall be for an opioid-affected - youth initiative; - (F) $8,000,000 shall be for an initiative relating - to children exposed to violence; and - (4) $28,000,000 (increased by $2,000,000) for programs - authorized by the Victims of Child Abuse Act of 1990; - (5) $85,000,000 for missing and exploited children - programs, including as authorized by sections 404(b) and 405(a) - of the 1974 Act (except that section 102(b)(4)(B) of the - PROTECT Our Children Act of 2008 (Public Law 110-401) shall not - apply for purposes of this Act); - (6) $4,000,000 for child abuse training programs for - judicial personnel and practitioners, as authorized by section - 222 of the 1990 Act; and - (7) $10,000,000 for the Juvenile Accountability Block - Grants program as authorized by part R of title I of the 1968 - Act and Guam shall be considered a State. - - public safety officer benefits - - (including transfer of funds) - - For payments and expenses authorized under section 1001(a)(4) of -title I of the Omnibus Crime Control and Safe Streets Act of 1968, such -sums as are necessary (including amounts for administrative costs), to -remain available until expended; and $24,800,000 for payments -authorized by section 1201(b) of such Act and for educational -assistance authorized by section 1218 of such Act, to remain available -until expended: Provided, That notwithstanding section 205 of this Act, -upon a determination by the Attorney General that emergent -circumstances require additional funding for such disability and -education payments, the Attorney General may transfer such amounts to -``Public Safety Officer Benefits'' from available appropriations for -the Department of Justice as may be necessary to respond to such -circumstances: Provided further, That any transfer pursuant to the -preceding proviso shall be treated as a reprogramming under section 505 -of this Act and shall not be available for obligation or expenditure -except in compliance with the procedures set forth in that section. - - Community Oriented Policing Services - - community oriented policing services programs - - (including transfer of funds) - - For activities authorized by the Violent Crime Control and Law -Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control -and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against -Women and Department of Justice Reauthorization Act of 2005 (Public Law -109-162) (``the 2005 Act''); and the SUPPORT for Patients and -Communities Act (Public Law 115-271), $323,000,000 (increased by -$2,700,000), to remain available until expended: Provided, That any -balances made available through prior year deobligations shall only be -available in accordance with section 505 of this Act: Provided -further, That of the amount provided under this heading-- - (1) $239,750,000 (increased by $2,700,000) is for grants - under section 1701 of title I of the 1968 Act (34 U.S.C. 10381) - for the hiring and rehiring of additional career law - enforcement officers under part Q of such title notwithstanding - subsection (i) of such section: Provided, That, - notwithstanding section 1704(c) of such title (34 U.S.C. - 10384(c)), funding for hiring or rehiring a career law - enforcement officer may not exceed $125,000 unless the Director - of the Office of Community Oriented Policing Services grants a - waiver from this limitation: Provided further, That of the - amounts appropriated under this paragraph, $6,500,000 is for - community policing development activities in furtherance of the - purposes in section 1701: Provided further, That of the - amounts appropriated under this paragraph $38,000,000 - (increased by $2,700,000) is for regional information sharing - activities, as authorized by part M of title I of the 1968 Act, - which shall be transferred to and merged with ``Research, - Evaluation, and Statistics'' for administration by the Office - of Justice Programs: Provided further, That within the amounts - appropriated under this paragraph, no less than $3,000,000 is - to support the Tribal Access Program: Provided further, That - within the amounts appropriated under this paragraph, - $2,000,000 (increased by $2,000,000) is for training, peer - mentoring, and mental health program activities as authorized - under the Law Enforcement Mental Health and Wellness Act - (Public Law 115-113); - (2) $12,000,000 is for activities authorized by the POLICE - Act of 2016 (Public Law 114-199); - (3) $8,000,000 is for competitive grants to State law - enforcement agencies in States with high seizures of precursor - chemicals, finished methamphetamine, laboratories, and - laboratory dump seizures: Provided, That funds appropriated - under this paragraph shall be utilized for investigative - purposes to locate or investigate illicit activities, including - precursor diversion, laboratories, or methamphetamine - traffickers; - (4) $32,000,000 is for competitive grants to statewide law - enforcement agencies in States with high rates of primary - treatment admissions for heroin and other opioids: Provided, - That these funds shall be utilized for investigative purposes - to locate or investigate illicit activities, including - activities related to the distribution of heroin or unlawful - distribution of prescription opioids, or unlawful heroin and - prescription opioid traffickers through statewide - collaboration; and - (5) $31,250,000 is for competitive grants to be - administered by the Community Oriented Policing Services Office - for purposes authorized under the STOP School Violence Act - (title V of division S of Public Law 115-141). - - General Provisions--Department of Justice - - (including transfer of funds) - - Sec. 201. In addition to amounts otherwise made available in this -title for official reception and representation expenses, a total of -not to exceed $50,000 from funds appropriated to the Department of -Justice in this title shall be available to the Attorney General for -official reception and representation expenses. - Sec. 202. None of the funds appropriated by this title shall be -available to pay for an abortion, except where the life of the mother -would be endangered if the fetus were carried to term, or in the case -of rape or incest: Provided, That should this prohibition be declared -unconstitutional by a court of competent jurisdiction, this section -shall be null and void. - Sec. 203. None of the funds appropriated under this title shall be -used to require any person to perform, or facilitate in any way the -performance of, any abortion. - Sec. 204. Nothing in the preceding section shall remove the -obligation of the Director of the Bureau of Prisons to provide escort -services necessary for a female inmate to receive such service outside -the Federal facility: Provided, That nothing in this section in any -way diminishes the effect of section 203 intended to address the -philosophical beliefs of individual employees of the Bureau of Prisons. - Sec. 205. Not to exceed 5 percent of any appropriation made -available for the current fiscal year for the Department of Justice in -this Act may be transferred between such appropriations, but no such -appropriation, except as otherwise specifically provided, shall be -increased by more than 10 percent by any such transfers: Provided, -That any transfer pursuant to this section shall be treated as a -reprogramming of funds under section 505 of this Act and shall not be -available for obligation except in compliance with the procedures set -forth in that section. - Sec. 206. None of the funds made available under this title may be -used by the Federal Bureau of Prisons or the United States Marshals -Service for the purpose of transporting an individual who is a prisoner -pursuant to conviction for crime under State or Federal law and is -classified as a maximum or high security prisoner, other than to a -prison or other facility certified by the Federal Bureau of Prisons as -appropriately secure for housing such a prisoner. - Sec. 207. (a) None of the funds appropriated by this Act may be -used by Federal prisons to purchase cable television services, or to -rent or purchase audiovisual or electronic media or equipment used -primarily for recreational purposes. - (b) Subsection (a) does not preclude the rental, maintenance, or -purchase of audiovisual or electronic media or equipment for inmate -training, religious, or educational programs. - Sec. 208. None of the funds made available under this title shall -be obligated or expended for any new or enhanced information technology -program having total estimated development costs in excess of -$100,000,000, unless the Deputy Attorney General and the investment -review board certify to the Committees on Appropriations of the House -of Representatives and the Senate that the information technology -program has appropriate program management controls and contractor -oversight mechanisms in place, and that the program is compatible with -the enterprise architecture of the Department of Justice. - Sec. 209. The notification thresholds and procedures set forth in -section 505 of this Act shall apply to deviations from the amounts -designated for specific activities in this Act and in the report -accompanying this Act, and to any use of deobligated balances of funds -provided under this title in previous years. - Sec. 210. None of the funds appropriated by this Act may be used -to plan for, begin, continue, finish, process, or approve a public- -private competition under the Office of Management and Budget Circular -A-76 or any successor administrative regulation, directive, or policy -for work performed by employees of the Bureau of Prisons or of Federal -Prison Industries, Incorporated. - Sec. 211. Notwithstanding any other provision of law, no funds -shall be available for the salary, benefits, or expenses of any United -States Attorney assigned dual or additional responsibilities by the -Attorney General or his designee that exempt that United States -Attorney from the residency requirements of section 545 of title 28, -United States Code. - Sec. 212. At the discretion of the Attorney General, and in -addition to any amounts that otherwise may be available (or authorized -to be made available) by law, with respect to funds appropriated by -this title under the headings ``Research, Evaluation and Statistics'', -``State and Local Law Enforcement Assistance'', and ``Juvenile Justice -Programs''or otherwise appropriated or transferred under this Act for -administration by the Office of Justice Programs-- - (1) up to 3 percent of funds made available to the Office - of Justice Programs for grant or reimbursement programs may be - used by such Office to provide training and technical - assistance; - (2) up to 3 percent of funds made available for grant or - reimbursement programs under such headings, except for amounts - appropriated specifically for research, evaluation, or - statistical programs administered by the National Institute of - Justice and the Bureau of Justice Statistics, shall be - transferred to and merged with funds provided to the National - Institute of Justice and the Bureau of Justice Statistics, to - be used by them for research, evaluation, or statistical - purposes, without regard to the authorizations for such grant - or reimbursement programs; and - (3) up to 7 percent of funds made available for grant or - reimbursement programs may be transferred to and merged with - funds under the heading ``State and Local Law Enforcement - Assistance'', for assistance to Indian tribes, without regard - to the authorizations for such grant or reimbursement programs. - Sec. 213. Upon request by a grantee for whom the Attorney General -has determined there is a fiscal hardship, the Attorney General may, -with respect to funds appropriated in this or any other Act making -appropriations for fiscal years 2017 through 2020 for the following -programs, waive the following requirements: - (1) For the adult and juvenile offender State and local - reentry demonstration projects under part FF of title I of the - Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. - 10631 et seq.), the requirements under section 2976(g)(1) of - such part (34 U.S.C. 10631(g)(1)). - (2) For grants to protect inmates and safeguard communities - as authorized by section 6 of the Prison Rape Elimination Act - of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section - 6(c)(3) of such Act. - Sec. 214. Notwithstanding any other provision of law, section -20109(a) of subtitle A of title II of the Violent Crime Control and Law -Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts -made available by this or any other Act. - Sec. 215. None of the funds made available under this Act, other -than for the national instant criminal background check system -established under section 103 of the Brady Handgun Violence Prevention -Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer -to facilitate the transfer of an operable firearm to an individual if -the Federal law enforcement officer knows or suspects that the -individual is an agent of a drug cartel, unless law enforcement -personnel of the United States continuously monitor or control the -firearm at all times. - Sec. 216. (a) None of the income retained in the Department of -Justice Working Capital Fund pursuant to title I of Public Law 102-140 -(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation -during fiscal year 2020, except up to $12,000,000 may be obligated for -implementation of a unified Department of Justice financial management -system. - (b) Not to exceed $30,000,000 of the unobligated balances -transferred to the capital account of the Department of Justice Working -Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784; -28 U.S.C. 527 note) shall be available for obligation in fiscal year -2020, and any use, obligation, transfer or allocation of such funds -shall be treated as a reprogramming of funds under section 505 of this -Act. - (c) Not to exceed $10,000,000 of the excess unobligated balances -available under section 524(c)(8)(E) of title 28, United States Code, -shall be available for obligation during fiscal year 2020, and any use, -obligation, transfer or allocation of such funds shall be treated as a -reprogramming of funds under section 505 of this Act. - Sec. 217. Discretionary funds that are made available in this Act -for the Office of Justice Programs may be used to participate in -Performance Partnership Pilots authorized under section 526 of division -H of Public Law 113-76, section 524 of division G of Public Law 113- -235, section 525 of division H of Public Law 114-113, and such -authorities as are enacted for Performance Partnership Pilots in an -appropriations Act for fiscal years 2019 and 2020. - Sec. 218. None of the funds made available by this Act may be used -by the Executive Office for Immigration Review to implement case -performance numeric metrics that are linked to performance evaluations -for individual immigration judges. - This title may be cited as the ``Department of Justice -Appropriations Act, 2020''. - - TITLE III - - SCIENCE - - Office of Science and Technology Policy - - For necessary expenses of the Office of Science and Technology -Policy, in carrying out the purposes of the National Science and -Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. -6601 et seq.), hire of passenger motor vehicles, and services as -authorized by section 3109 of title 5, United States Code, not to -exceed $2,250 for official reception and representation expenses, and -rental of conference rooms in the District of Columbia, $5,000,000. - - National Space Council - - For necessary expenses of the National Space Council, in carrying -out the purposes of Title V of Public Law 100-685 and Executive Order -No. 13803, hire of passenger motor vehicles, and services as authorized -by section 3109 of title 5, United States Code, not to exceed $2,250 -for official reception and representation expenses, $1,870,000: -Provided, That notwithstanding any other provision of law, the National -Space Council may accept personnel support from Federal agencies, -departments, and offices, and such Federal agencies, departments, and -offices may detail staff without reimbursement to the National Space -Council for purposes provided herein. - - National Aeronautics and Space Administration - - science - - For necessary expenses, not otherwise provided for, in the conduct -and support of science research and development activities, including -research, development, operations, support, and services; maintenance -and repair, facility planning and design; space flight, spacecraft -control, and communications activities; program management; personnel -and related costs, including uniforms or allowances therefor, as -authorized by sections 5901 and 5902 of title 5, United States Code; -travel expenses; purchase and hire of passenger motor vehicles; and -purchase, lease, charter, maintenance, and operation of mission and -administrative aircraft, $7,161,300,000 (reduced by $1,000,000) -(increased by $1,000,000), to remain available until September 30, -2021: Provided, That, of the amounts provided, $592,600,000 is for an -orbiter to meet the science goals for the Jupiter Europa mission as -recommended in previous Planetary Science Decadal surveys: Provided -further, That the National Aeronautics and Space Administration shall -use the Space Launch System as the launch vehicles for the Jupiter -Europa missions, plan for an orbiter launch no later than 2023 and a -lander launch no later than 2025, and include in the fiscal year 2021 -budget the 5-year funding profile necessary to achieve these goals. - - aeronautics - - For necessary expenses, not otherwise provided for, in the conduct -and support of aeronautics research and development activities, -including research, development, operations, support, and services; -maintenance and repair, facility planning and design; space flight, -spacecraft control, and communications activities; program management; -personnel and related costs, including uniforms or allowances therefor, -as authorized by sections 5901 and 5902 of title 5, United States Code; -travel expenses; purchase and hire of passenger motor vehicles; and -purchase, lease, charter, maintenance, and operation of mission and -administrative aircraft, $700,000,000 (increased by $20,000,000) -(reduced by $20,000,000), to remain available until September 30, 2021. - - space technology - - For necessary expenses, not otherwise provided for, in the conduct -and support of space technology research and development activities, -including research, development, operations, support, and services; -maintenance and repair, facility planning and design; space flight, -spacecraft control, and communications activities; program management; -personnel and related costs, including uniforms or allowances therefor, -as authorized by sections 5901 and 5902 of title 5, United States Code; -travel expenses; purchase and hire of passenger motor vehicles; and -purchase, lease, charter, maintenance, and operation of mission and -administrative aircraft, $1,291,600,000 (reduced by $6,500,000) -(increased by $6,500,000), to remain available until September 30, -2021: Provided, That $180,000,000 shall be for RESTORE-L: Provided -further, That $125,000,000 (increased by $1) (reduced by $1) shall be -for nuclear thermal propulsion technologies: Provided further, That, -not later than 180 days after the enactment of this Act, the National -Aeronautics and Space Administration (NASA) shall provide a plan for -the design of a flight demonstration. - - exploration - - For necessary expenses, not otherwise provided for, in the conduct -and support of exploration research and development activities, -including research, development, operations, support, and services; -maintenance and repair, facility planning and design; space flight, -spacecraft control, and communications activities; program management; -personnel and related costs, including uniforms or allowances therefor, -as authorized by sections 5901 and 5902 of title 5, United States Code; -travel expenses; purchase and hire of passenger motor vehicles; and -purchase, lease, charter, maintenance, and operation of mission and -administrative aircraft, $5,129,900,000 (increased by $1,000,000) -(reduced by $1,000,000) (increased by $1,969) (reduced by $1,969), to -remain available until September 30, 2021: Provided, That not less -than $1,425,000,000 shall be for the Orion Multi-Purpose Crew Vehicle: -Provided further, That not less than $2,150,000,000 shall be for the -Space Launch System (SLS) launch vehicle, which shall have a lift -capability not less than 130 metric tons and which shall have core -elements and an Exploration Upper Stage developed simultaneously, to be -used to the maximum extent practicable, including for Earth to Moon -missions and a Moon landing: Provided further, That of the amounts -provided for SLS, not less than $200,000,000 shall be for Exploration -Upper Stage development: Provided further, That $592,800,000 shall be -for Exploration Ground Systems, including $50,000,000 for a second -mobile launch platform and associated SLS activities: Provided -further, That the National Aeronautics and Space Administration (NASA) -shall provide to the Committees on Appropriations of the House of -Representatives and the Senate, concurrent with the annual budget -submission, a 5-year budget profile for an integrated system that -includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle, -and associated ground systems that will ensure an Exploration Mission-2 -crewed launch as early as possible, as well as a system-based funding -profile for a sustained launch cadence beyond the initial crewed test -launch: Provided further, That $962,100,000 shall be for exploration -research and development. - - space operations - - For necessary expenses, not otherwise provided for, in the conduct -and support of space operations research and development activities, -including research, development, operations, support and services; -space flight, spacecraft control and communications activities, -including operations, production, and services; maintenance and repair, -facility planning and design; program management; personnel and related -costs, including uniforms or allowances therefor, as authorized by -sections 5901 and 5902 of title 5, United States Code; travel expenses; -purchase and hire of passenger motor vehicles; and purchase, lease, -charter, maintenance and operation of mission and administrative -aircraft, $4,285,700,000, to remain available until September 30, 2021. - - science, technology, engineering, and mathematics engagement - - For necessary expenses, not otherwise provided for, in the conduct -and support of aerospace and aeronautical education research and -development activities, including research, development, operations, -support, and services; program management; personnel and related costs, -including uniforms or allowances therefor, as authorized by sections -5901 and 5902 of title 5, United States Code; travel expenses; purchase -and hire of passenger motor vehicles; and purchase, lease, charter, -maintenance, and operation of mission and administrative aircraft, -$123,000,000 (increased by $1,000,000), to remain available until -September 30, 2021, of which $25,000,000 shall be for the Established -Program to Stimulate Competitive Research and $48,000,000 (increased by -$1,000,000) shall be for the National Space Grant College and -Fellowship Program. - - safety, security and mission services - - For necessary expenses, not otherwise provided for, in the conduct -and support of science, aeronautics, space technology, exploration, -space operations and education research and development activities, -including research, development, operations, support, and services; -maintenance and repair, facility planning and design; space flight, -spacecraft control, and communications activities; program management; -personnel and related costs, including uniforms or allowances therefor, -as authorized by sections 5901 and 5902 of title 5, United States Code; -travel expenses; purchase and hire of passenger motor vehicles; not to -exceed $63,000 for official reception and representation expenses; and -purchase, lease, charter, maintenance, and operation of mission and -administrative aircraft, $3,084,600,000, to remain available until -September 30, 2021. - - construction and environmental compliance and restoration - - For necessary expenses for construction of facilities including -repair, rehabilitation, revitalization, and modification of facilities, -construction of new facilities and additions to existing facilities, -facility planning and design, and restoration, and acquisition or -condemnation of real property, as authorized by law, and environmental -compliance and restoration, $497,200,000, to remain available until -September 30, 2025: Provided, That proceeds from leases deposited into -this account shall be available for a period of 5 years to the extent -and in amounts as provided in annual appropriations Acts: Provided -further, That such proceeds referred to in the preceding proviso shall -be available for obligation for fiscal year 2020 in an amount not to -exceed $17,000,000: Provided further, That each annual budget request -shall include an annual estimate of gross receipts and collections and -proposed use of all funds collected pursuant to section 20145 of title -51, United States Code. - - office of inspector general - - For necessary expenses of the Office of Inspector General in -carrying out the Inspector General Act of 1978, $41,700,000, of which -$500,000 shall remain available until September 30, 2021. - - administrative provisions - - (including transfers of funds) - - Funds for any announced prize otherwise authorized shall remain -available, without fiscal year limitation, until a prize is claimed or -the offer is withdrawn. - Not to exceed 5 percent of any appropriation made available for the -current fiscal year for the National Aeronautics and Space -Administration in this Act may be transferred between such -appropriations, but no such appropriation, except as otherwise -specifically provided, shall be increased by more than 10 percent by -any such transfers. Balances so transferred shall be merged with and -available for the same purposes and the same time period as the -appropriations to which transferred. Any transfer pursuant to this -provision shall be treated as a reprogramming of funds under section -505 of this Act and shall not be available for obligation except in -compliance with the procedures set forth in that section. - The spending plan required by this Act shall be provided by NASA at -the theme, program, project and activity level. The spending plan, as -well as any subsequent change of an amount established in that spending -plan that meets the notification requirements of section 505 of this -Act, shall be treated as a reprogramming under section 505 of this Act -and shall not be available for obligation or expenditure except in -compliance with the procedures set forth in that section. - - National Science Foundation - - research and related activities - - For necessary expenses in carrying out the National Science -Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209 -(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of -title 5, United States Code; maintenance and operation of aircraft and -purchase of flight services for research support; acquisition of -aircraft; and authorized travel; $7,106,301,000 (increased by -$5,000,000) (reduced by $5,000,000) (reduced by $1,200,000) (increased -by $1,200,000) (reduced by $1,000,000) (increased by $1,000,000), to -remain available until September 30, 2021, of which not to exceed -$544,000,000 shall remain available until expended for polar research -and operations support, and for reimbursement to other Federal agencies -for operational and science support and logistical and other related -activities for the United States Antarctic program: Provided, That -receipts for scientific support services and materials furnished by the -National Research Centers and other National Science Foundation -supported research facilities may be credited to this appropriation. - - major research equipment and facilities construction - - For necessary expenses for the acquisition, construction, -commissioning, and upgrading of major research equipment, facilities, -and other such capital assets pursuant to the National Science -Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized -travel, $223,230,000, to remain available until expended. - - education and human resources - - For necessary expenses in carrying out science, mathematics and -engineering education and human resources programs and activities -pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 -et seq.), including services as authorized by section 3109 of title 5, -United States Code, authorized travel, and rental of conference rooms -in the District of Columbia, $950,000,000, to remain available until -September 30, 2021. - - agency operations and award management - - For agency operations and award management necessary in carrying -out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et -seq.); services authorized by section 3109 of title 5, United States -Code; hire of passenger motor vehicles; uniforms or allowances -therefor, as authorized by sections 5901 and 5902 of title 5, United -States Code; rental of conference rooms in the District of Columbia; -and reimbursement of the Department of Homeland Security for security -guard services; $336,890,000: Provided, That not to exceed $8,280 is -for official reception and representation expenses: Provided further, -That contracts may be entered into under this heading in fiscal year -2020 for maintenance and operation of facilities and for other services -to be provided during the next fiscal year. - - office of the national science board - - For necessary expenses (including payment of salaries, authorized -travel, hire of passenger motor vehicles, the rental of conference -rooms in the District of Columbia, and the employment of experts and -consultants under section 3109 of title 5, United States Code) involved -in carrying out section 4 of the National Science Foundation Act of -1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), -$4,370,000: Provided, That not to exceed $2,500 shall be available for -official reception and representation expenses. - - office of inspector general - - For necessary expenses of the Office of Inspector General as -authorized by the Inspector General Act of 1978, $15,350,000, of which -$400,000 shall remain available until September 30, 2021. - - administrative provisions - - (including transfer of funds) - - Not to exceed 5 percent of any appropriation made available for the -current fiscal year for the National Science Foundation in this Act may -be transferred between such appropriations, but no such appropriation -shall be increased by more than 10 percent by any such transfers. Any -transfer pursuant to this paragraph shall be treated as a reprogramming -of funds under section 505 of this Act and shall not be available for -obligation except in compliance with the procedures set forth in that -section. - The Director of the National Science Foundation (NSF) shall notify -the Committees on Appropriations of the House of Representatives and -the Senate at least 30 days in advance of any planned divestment -through transfer, decommissioning, termination, or deconstruction of -any NSF-owned facilities or any NSF capital assets (including land, -structures, and equipment) valued greater than $2,500,000. - This title may be cited as the ``Science Appropriations Act, -2020''. - - TITLE IV - - RELATED AGENCIES - - Commission on Civil Rights - - salaries and expenses - - For necessary expenses of the Commission on Civil Rights, including -hire of passenger motor vehicles, $10,500,000: Provided, That none of -the funds appropriated in this paragraph may be used to employ any -individuals under Schedule C of subpart C of part 213 of title 5 of the -Code of Federal Regulations exclusive of one special assistant for each -Commissioner: Provided further, That none of the funds appropriated in -this paragraph shall be used to reimburse Commissioners for more than -75 billable days, with the exception of the chairperson, who is -permitted 125 billable days: Provided further, That none of the funds -appropriated in this paragraph shall be used for any activity or -expense that is not explicitly authorized by section 3 of the Civil -Rights Commission Act of 1983 (42 U.S.C. 1975a): Provided further, -That the Chair is authorized to accept and use any gift or donation to -carry out the work of the Commission. - - Equal Employment Opportunity Commission - - salaries and expenses - - For necessary expenses of the Equal Employment Opportunity -Commission as authorized by title VII of the Civil Rights Act of 1964, -the Age Discrimination in Employment Act of 1967, the Equal Pay Act of -1963, the Americans with Disabilities Act of 1990, section 501 of the -Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic -Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233), -the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly -Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services -as authorized by section 3109 of title 5, United States Code; hire of -passenger motor vehicles as authorized by section 1343(b) of title 31, -United States Code; nonmonetary awards to private citizens; and up to -$29,500,000 for payments to State and local enforcement agencies for -authorized services to the Commission, $399,500,000: Provided, That -the Commission is authorized to make available for official reception -and representation expenses not to exceed $2,250 from available funds: -Provided further, That the Commission may take no action to implement -any workforce repositioning, restructuring, or reorganization until -such time as the Committees on Appropriations of the House of -Representatives and the Senate have been notified of such proposals, in -accordance with the reprogramming requirements of section 505 of this -Act: Provided further, That the Chair is authorized to accept and use -any gift or donation to carry out the work of the Commission. - - International Trade Commission - - salaries and expenses - - For necessary expenses of the International Trade Commission, -including hire of passenger motor vehicles and services as authorized -by section 3109 of title 5, United States Code, and not to exceed -$2,250 for official reception and representation expenses, -$101,000,000, to remain available until expended. - - Legal Services Corporation - - payment to the legal services corporation - - For payment to the Legal Services Corporation to carry out the -purposes of the Legal Services Corporation Act of 1974, $550,000,000, -of which $509,500,000 is for basic field programs and required -independent audits; $5,100,000 is for the Office of Inspector General, -of which such amounts as may be necessary may be used to conduct -additional audits of recipients; $23,400,000 is for management and -grants oversight; $5,000,000 is for client self-help and information -technology; $5,000,000 is for a Pro Bono Innovation Fund; and -$2,000,000 is for loan repayment assistance: Provided, That the Legal -Services Corporation may continue to provide locality pay to officers -and employees at a rate no greater than that provided by the Federal -Government to Washington, DC-based employees as authorized by section -5304 of title 5, United States Code, notwithstanding section 1005(d) of -the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided -further, That the authorities provided in section 205 of this Act shall -be applicable to the Legal Services Corporation: Provided further, -That, for the purposes of section 505 of this Act, the Legal Services -Corporation shall be considered an agency of the United States -Government. - - administrative provision--legal services corporation - - None of the funds appropriated in this Act to the Legal Services -Corporation shall be expended for any purpose prohibited or limited by, -or contrary to any of the provisions of, sections 501, 502, 503, 504, -505, and 506 of Public Law 105-119, and all funds appropriated in this -Act to the Legal Services Corporation shall be subject to the same -terms and conditions set forth in such sections, except that all -references in sections 502 and 503 to 1997 and 1998 shall be deemed to -refer instead to 2019 and 2020, respectively. - - Marine Mammal Commission - - salaries and expenses - - For necessary expenses of the Marine Mammal Commission as -authorized by title II of the Marine Mammal Protection Act of 1972 (16 -U.S.C. 1361 et seq.), $3,616,000. - - Office of the United States Trade Representative - - salaries and expenses - - For necessary expenses of the Office of the United States Trade -Representative, including the hire of passenger motor vehicles and the -employment of experts and consultants as authorized by section 3109 of -title 5, United States Code, $57,000,000 (increased by $1,000,000) -(reduced by $1,000,000), of which $1,000,000 shall remain available -until expended: Provided, That of the total amount made available -under this heading, not to exceed $124,000 shall be available for -official reception and representation expenses. - - trade enforcement trust fund - - (including transfer of funds) - - For activities of the United States Trade Representative authorized -by section 611 of the Trade Facilitation and Trade Enforcement Act of -2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived -from the Trade Enforcement Trust Fund: Provided, That any transfer -pursuant to subsection (d)(1) of such section shall be treated as a -reprogramming under section 505 of this Act. - - State Justice Institute - - salaries and expenses - - For necessary expenses of the State Justice Institute, as -authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701 -et seq.) $6,555,000, of which $500,000 shall remain available until -September 30, 2021: Provided, That not to exceed $2,250 shall be -available for official reception and representation expenses: Provided -further, That, for the purposes of section 505 of this Act, the State -Justice Institute shall be considered an agency of the United States -Government. - - TITLE V - - GENERAL PROVISIONS - - (including rescissions) - - (including transfers of funds) - - Sec. 501. No part of any appropriation contained in this Act shall -be used for publicity or propaganda purposes not authorized by the -Congress. - Sec. 502. No part of any appropriation contained in this Act shall -remain available for obligation beyond the current fiscal year unless -expressly so provided herein. - Sec. 503. The expenditure of any appropriation under this Act for -any consulting service through procurement contract, pursuant to -section 3109 of title 5, United States Code, shall be limited to those -contracts where such expenditures are a matter of public record and -available for public inspection, except where otherwise provided under -existing law, or under existing Executive order issued pursuant to -existing law. - Sec. 504. If any provision of this Act or the application of such -provision to any person or circumstances shall be held invalid, the -remainder of the Act and the application of each provision to persons -or circumstances other than those as to which it is held invalid shall -not be affected thereby. - Sec. 505. None of the funds provided under this Act, or provided -under previous appropriations Acts to the agencies funded by this Act -that remain available for obligation or expenditure in fiscal year -2020, or provided from any accounts in the Treasury of the United -States derived by the collection of fees available to the agencies -funded by this Act, shall be available for obligation or expenditure -through a reprogramming of funds that: (1) creates or initiates a new -program, project or activity; (2) eliminates a program, project or -activity; (3) increases funds or personnel by any means for any project -or activity for which funds have been denied or restricted; (4) -relocates an office or employees; (5) reorganizes or renames offices, -programs or activities; (6) contracts out or privatizes any functions -or activities presently performed by Federal employees; (7) augments -existing programs, projects or activities in excess of $500,000 or 10 -percent, whichever is less, or reduces by 10 percent funding for any -program, project or activity, or numbers of personnel by 10 percent; or -(8) results from any general savings, including savings from a -reduction in personnel, which would result in a change in existing -programs, projects or activities as approved by Congress; unless the -House and Senate Committees on Appropriations are notified 15 days in -advance of such reprogramming of funds. - Sec. 506. (a) If it has been finally determined by a court or -Federal agency that any person intentionally affixed a label bearing a -``Made in America'' inscription, or any inscription with the same -meaning, to any product sold in or shipped to the United States that is -not made in the United States, the person shall be ineligible to -receive any contract or subcontract made with funds made available in -this Act, pursuant to the debarment, suspension, and ineligibility -procedures described in sections 9.400 through 9.409 of title 48, Code -of Federal Regulations. - (b)(1) To the extent practicable, with respect to authorized -purchases of promotional items, funds made available by this Act shall -be used to purchase items that are manufactured, produced, or assembled -in the United States, its territories or possessions. - (2) The term ``promotional items'' has the meaning given the term -in OMB Circular A-87, Attachment B, Item (1)(f)(3). - Sec. 507. (a) The Departments of Commerce and Justice, the National -Science Foundation, and the National Aeronautics and Space -Administration shall provide to the Committees on Appropriations of the -House of Representatives and the Senate a quarterly report on the -status of balances of appropriations at the account level. For -unobligated, uncommitted balances and unobligated, committed balances -the quarterly reports shall separately identify the amounts -attributable to each source year of appropriation from which the -balances were derived. For balances that are obligated, but unexpended, -the quarterly reports shall separately identify amounts by the year of -obligation. - (b) The report described in subsection (a) shall be submitted -within 30 days of the end of each quarter. - (c) If a department or agency is unable to fulfill any aspect of a -reporting requirement described in subsection (a) due to a limitation -of a current accounting system, the department or agency shall fulfill -such aspect to the maximum extent practicable under such accounting -system and shall identify and describe in each quarterly report the -extent to which such aspect is not fulfilled. - Sec. 508. Any costs incurred by a department or agency funded -under this Act resulting from, or to prevent, personnel actions taken -in response to funding reductions included in this Act shall be -absorbed within the total budgetary resources available to such -department or agency: Provided, That the authority to transfer funds -between appropriations accounts as may be necessary to carry out this -section is provided in addition to authorities included elsewhere in -this Act: Provided further, That use of funds to carry out this -section shall be treated as a reprogramming of funds under section 505 -of this Act and shall not be available for obligation or expenditure -except in compliance with the procedures set forth in that section: -Provided further, That for the Department of Commerce, this section -shall also apply to actions taken for the care and protection of loan -collateral or grant property. - Sec. 509. None of the funds provided by this Act shall be -available to promote the sale or export of tobacco or tobacco products, -or to seek the reduction or removal by any foreign country of -restrictions on the marketing of tobacco or tobacco products, except -for restrictions which are not applied equally to all tobacco or -tobacco products of the same type. - Sec. 510. Notwithstanding any other provision of law, amounts -deposited or available in the Fund established by section 1402 of -chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any -fiscal year in excess of $2,838,000,000 shall not be available for -obligation until the following fiscal year: Provided, That -notwithstanding section 1402(d) of such Act, of the amounts available -from the Fund for obligation: (1) $10,000,000 shall be transferred to -the ``Department of Justice, Office of Inspector General'' account for -oversight and auditing purposes associated with this section; and (2) 5 -percent shall be available to the Office for Victims of Crime for -grants, consistent with the requirements of the Victims of Crime Act, -to Indian tribes to improve services for victims of crime. - Sec. 511. None of the funds made available to the Department of -Justice in this Act may be used to discriminate against or denigrate -the religious or moral beliefs of students who participate in programs -for which financial assistance is provided from those funds, or of the -parents or legal guardians of such students. - Sec. 512. None of the funds made available in this Act may be -transferred to any department, agency, or instrumentality of the United -States Government, except pursuant to a transfer made by, or transfer -authority provided in, this Act or any other appropriations Act. - Sec. 513. (a) The Inspectors General of the Department of Commerce, -the Department of Justice, the National Aeronautics and Space -Administration, the National Science Foundation, and the Legal Services -Corporation shall conduct audits, pursuant to the Inspector General Act -(5 U.S.C. App.), of grants or contracts for which funds are -appropriated by this Act, and shall submit reports to Congress on the -progress of such audits, which may include preliminary findings and a -description of areas of particular interest, within 180 days after -initiating such an audit and every 180 days thereafter until any such -audit is completed. - (b) Within 60 days after the date on which an audit described in -subsection (a) by an Inspector General is completed, the Secretary, -Attorney General, Administrator, Director, or President, as -appropriate, shall make the results of the audit available to the -public on the Internet website maintained by the Department, -Administration, Foundation, or Corporation, respectively. The results -shall be made available in redacted form to exclude-- - (1) any matter described in section 552(b) of title 5, - United States Code; and - (2) sensitive personal information for any individual, the - public access to which could be used to commit identity theft - or for other inappropriate or unlawful purposes. - (c) Any person awarded a grant or contract funded by amounts -appropriated by this Act shall submit a statement to the Secretary of -Commerce, the Attorney General, the Administrator, Director, or -President, as appropriate, certifying that no funds derived from the -grant or contract will be made available through a subcontract or in -any other manner to another person who has a financial interest in the -person awarded the grant or contract. - (d) The provisions of the preceding subsections of this section -shall take effect 30 days after the date on which the Director of the -Office of Management and Budget, in consultation with the Director of -the Office of Government Ethics, determines that a uniform set of rules -and requirements, substantially similar to the requirements in such -subsections, consistently apply under the executive branch ethics -program to all Federal departments, agencies, and entities. - Sec. 514. (a) None of the funds appropriated or otherwise made -available under this Act may be used by the Departments of Commerce and -Justice, the National Aeronautics and Space Administration, or the -National Science Foundation to acquire a high-impact or moderate-impact -information system, as defined for security categorization in the -National Institute of Standards and Technology's (NIST) Federal -Information Processing Standard Publication 199, ``Standards for -Security Categorization of Federal Information and Information -Systems'' unless the agency has-- - (1) reviewed the supply chain risk for the information - systems against criteria developed by NIST and the Federal - Bureau of Investigation (FBI) to inform acquisition decisions - for high-impact and moderate-impact information systems within - the Federal Government; - (2) reviewed the supply chain risk from the presumptive - awardee against available and relevant threat information - provided by the FBI and other appropriate agencies; and - (3) in consultation with the FBI or other appropriate - Federal entity, conducted an assessment of any risk of cyber- - espionage or sabotage associated with the acquisition of such - system, including any risk associated with such system being - produced, manufactured, or assembled by one or more entities - identified by the United States Government as posing a cyber - threat, including but not limited to, those that may be owned, - directed, or subsidized by the People's Republic of China, the - Islamic Republic of Iran, the Democratic People's Republic of - Korea, or the Russian Federation. - (b) None of the funds appropriated or otherwise made available -under this Act may be used to acquire a high-impact or moderate-impact -information system reviewed and assessed under subsection (a) unless -the head of the assessing entity described in subsection (a) has-- - (1) developed, in consultation with NIST, the FBI, and - supply chain risk management experts, a mitigation strategy for - any identified risks; - (2) determined, in consultation with NIST and the FBI, that - the acquisition of such system is in the national interest of - the United States; and - (3) reported that determination to the Committees on - Appropriations of the House of Representatives and the Senate - and the agency Inspector General. - Sec. 515. None of the funds made available in this Act shall be -used in any way whatsoever to support or justify the use of torture by -any official or contract employee of the United States Government. - Sec. 516. None of the funds made available in this Act may be used -to include in any new bilateral or multilateral trade agreement the -text of-- - (1) paragraph 2 of article 16.7 of the United States- - Singapore Free Trade Agreement; - (2) paragraph 4 of article 17.9 of the United States- - Australia Free Trade Agreement; or - (3) paragraph 4 of article 15.9 of the United States- - Morocco Free Trade Agreement. - Sec. 517. None of the funds made available in this Act may be used -to authorize or issue a national security letter in contravention of -any of the following laws authorizing the Federal Bureau of -Investigation to issue national security letters: The Right to -Financial Privacy Act of 1978; The Electronic Communications Privacy -Act of 1986; The Fair Credit Reporting Act; The National Security Act -of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended -by these Acts. - Sec. 518. If at any time during any quarter, the program manager -of a project within the jurisdiction of the Departments of Commerce or -Justice, the National Aeronautics and Space Administration, or the -National Science Foundation totaling more than $75,000,000 has -reasonable cause to believe that the total program cost has increased -by 10 percent or more, the program manager shall immediately inform the -respective Secretary, Administrator, or Director. The Secretary, -Administrator, or Director shall notify the House and Senate Committees -on Appropriations within 30 days in writing of such increase, and shall -include in such notice: the date on which such determination was made; -a statement of the reasons for such increases; the action taken and -proposed to be taken to control future cost growth of the project; -changes made in the performance or schedule milestones and the degree -to which such changes have contributed to the increase in total program -costs or procurement costs; new estimates of the total project or -procurement costs; and a statement validating that the project's -management structure is adequate to control total project or -procurement costs. - Sec. 519. Funds appropriated by this Act, or made available by the -transfer of funds in this Act, for intelligence or intelligence related -activities are deemed to be specifically authorized by the Congress for -purposes of section 504 of the National Security Act of 1947 (50 U.S.C. -3094) during fiscal year 2020 until the enactment of the Intelligence -Authorization Act for fiscal year 2020. - Sec. 520. None of the funds appropriated or otherwise made -available by this Act may be used to enter into a contract in an amount -greater than $5,000,000 or to award a grant in excess of such amount -unless the prospective contractor or grantee certifies in writing to -the agency awarding the contract or grant that, to the best of its -knowledge and belief, the contractor or grantee has filed all Federal -tax returns required during the three years preceding the -certification, has not been convicted of a criminal offense under the -Internal Revenue Code of 1986, and has not, more than 90 days prior to -certification, been notified of any unpaid Federal tax assessment for -which the liability remains unsatisfied, unless the assessment is the -subject of an installment agreement or offer in compromise that has -been approved by the Internal Revenue Service and is not in default, or -the assessment is the subject of a non-frivolous administrative or -judicial proceeding. - - (rescissions) - - Sec. 521. (a) Of the unobligated balances available to the -Department of Justice, the following funds are hereby rescinded, not -later than September 30, 2020, from the following accounts in the -specified amounts-- - (1) ``Working Capital Fund'', $100,000,000; - (2) ``Federal Bureau of Investigation, Salaries and - Expenses'', $60,000,000 including from, but not limited to, - fees collected to defray expenses for the automation of - fingerprint identification and criminal justice information - services and associated costs; and - (3) ``State and Local Law Enforcement Activities, Office of - Justice Programs'', $85,000,000. - (b) The Department of Justice shall submit to the Committees on -Appropriations of the House of Representatives and the Senate a report -no later than September 1, 2020, specifying the amount of each -rescission made pursuant to subsection (a). - (c) The amounts rescinded in subsection (a) shall not be from -amounts that were designated by the Congress as an emergency or -disaster relief requirement pursuant to the concurrent resolution on -the budget or the Balanced Budget and Emergency Deficit Control Act of -1985. - Sec. 522. None of the funds made available in this Act may be used -to purchase first class or premium airline travel in contravention of -sections 301-10.122 through 301-10.124 of title 41 of the Code of -Federal Regulations. - Sec. 523. None of the funds made available in this Act may be used -to send or otherwise pay for the attendance of more than 50 employees -from a Federal department or agency, who are stationed in the United -States, at any single conference occurring outside the United States -unless such conference is a law enforcement training or operational -conference for law enforcement personnel and the majority of Federal -employees in attendance are law enforcement personnel stationed outside -the United States. - Sec. 524. The Director of the Office of Management and Budget -shall instruct any department, agency, or instrumentality of the United -States receiving funds appropriated under this Act to track undisbursed -balances in expired grant accounts and include in its annual -performance plan and performance and accountability reports the -following: - (1) Details on future action the department, agency, or - instrumentality will take to resolve undisbursed balances in - expired grant accounts. - (2) The method that the department, agency, or - instrumentality uses to track undisbursed balances in expired - grant accounts. - (3) Identification of undisbursed balances in expired grant - accounts that may be returned to the Treasury of the United - States. - (4) In the preceding 3 fiscal years, details on the total - number of expired grant accounts with undisbursed balances (on - the first day of each fiscal year) for the department, agency, - or instrumentality and the total finances that have not been - obligated to a specific project remaining in the accounts. - Sec. 525. To the extent practicable, funds made available in this -Act should be used to purchase light bulbs that are ``Energy Star'' -qualified or have the ``Federal Energy Management Program'' -designation. - Sec. 526. (a) None of the funds made available by this Act may be -used for the National Aeronautics and Space Administration (NASA), the -Office of Science and Technology Policy (OSTP), or the National Space -Council (NSC) to develop, design, plan, promulgate, implement, or -execute a bilateral policy, program, order, or contract of any kind to -participate, collaborate, or coordinate bilaterally in any way with -China or any Chinese-owned company unless such activities are -specifically authorized by a law enacted after the date of enactment of -this Act. - (b) None of the funds made available by this Act may be used to -effectuate the hosting of official Chinese visitors at facilities -belonging to or utilized by NASA. - (c) The limitations described in subsections (a) and (b) shall not -apply to activities which NASA, OSTP, or NSC, after consultation with -the Federal Bureau of Investigation, have certified-- - (1) pose no risk of resulting in the transfer of - technology, data, or other information with national security - or economic security implications to China or a Chinese-owned - company; and - (2) will not involve knowing interactions with officials - who have been determined by the United States to have direct - involvement with violations of human rights. - (d) Any certification made under subsection (c) shall be submitted -to the Committees on Appropriations of the House of Representatives and -the Senate, and the Federal Bureau of Investigation, no later than 30 -days prior to the activity in question and shall include a description -of the purpose of the activity, its agenda, its major participants, and -its location and timing. - Sec. 527. (a) None of the funds made available in this Act may be -used to maintain or establish a computer network unless such network -blocks the viewing, downloading, and exchanging of pornography. - (b) Nothing in subsection (a) shall limit the use of funds -necessary for any Federal, State, tribal, or local law enforcement -agency or any other entity carrying out criminal investigations, -prosecution, adjudication, or other law enforcement- or victim -assistance-related activity. - Sec. 528. The Departments of Commerce and Justice, the National -Aeronautics and Space Administration, the National Science Foundation, -the Commission on Civil Rights, the Equal Employment Opportunity -Commission, the International Trade Commission, the Legal Services -Corporation, the Marine Mammal Commission, the Offices of Science and -Technology Policy and the United States Trade Representative, the -National Space Council, and the State Justice Institute shall submit -spending plans, signed by the respective department or agency head, to -the Committees on Appropriations of the House of Representatives and -the Senate within 45 days after the date of enactment of this Act. - Sec. 529. Notwithstanding any other provision of this Act, none of -the funds appropriated or otherwise made available by this Act may be -used to pay award or incentive fees for contractor performance that has -been judged to be below satisfactory performance or for performance -that does not meet the basic requirements of a contract. - Sec. 530. None of the funds made available by this Act may be used -in contravention of section 7606 (``Legitimacy of Industrial Hemp -Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the -Department of Justice or the Drug Enforcement Administration. - Sec. 531. None of the funds made available under this Act to the -Department of Justice may be used, with respect to any of the States of -Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, -Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, -Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, -Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New -Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, -Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, -Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, -or with respect to the District of Columbia, the Commonwealth of the -Northern Mariana Islands, Guam, or Puerto Rico, to prevent any of them -from implementing their own laws that authorize the use, distribution, -possession, or cultivation of medical marijuana. - Sec. 532. The Department of Commerce, the National Aeronautics and -Space Administration, and the National Science Foundation shall provide -a quarterly report to the Committees on Appropriations of the House of -Representatives and the Senate on any official travel to China by any -employee of such Department or agency, including the purpose of such -travel. - Sec. 533. Of the amounts made available by this Act, not less than -10 percent of each total amount provided, respectively, for Public -Works grants authorized by the Public Works and Economic Development -Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler -Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated -for assistance in persistent poverty counties: Provided, That for -purposes of this section, the term ``persistent poverty counties'' -means any county that has had 20 percent or more of its population -living in poverty over the past 30 years, as measured by the 1990 and -2000 decennial censuses and the most recent Small Area Income and -Poverty Estimates, or any territory or possession of the United States. - Sec. 534. None of the funds made available in this Act or any -other Act may be used by the Department of Commerce to incorporate into -the 2020 Decennial Census any question that was not included in the -2018 End-to-End Census Test in Providence County, Rhode Island. - Sec. 535. None of the funds made available by this Act may be used -to relocate the Bureau of Alcohol, Tobacco, Firearms and Explosives -(ATF) Canine Training Center or the ATF National Canine Division. - Sec. 536. Except as expressly provided otherwise, any reference to -``this Act'' contained in this division shall be treated as referring -only to the provisions of this division. - Sec. 537. Any reference to a ``report accompanying this Act'' -contained in this division shall be treated as a reference to House -Report 116-101. The effect of such Report shall be limited to this -division and shall apply for purposes of determining the allocation of -funds provided by, and the implementation of, this division. - Sec. 538. None of the funds made available by this Act may be used -to carry out section 3622(c)(2) of title 18, United States Code. - Sec. 539. (a) None of the funds appropriated or otherwise made -available by this Act may be made available to enter into any new -contract, grant, or cooperative agreement with any entity listed in -subsection (b). - (b) The entities listed in this subsection are the following: - - - - ----------------------------------------------------------------------------------------------------------------- -Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas, - Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV - at Doonbeg), Doonbeg, Ireland -Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City, - FL New York, New York City, NY NY -Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel - Vancouver, Vancouver, Canada Honolulu, HI Washington, DC -Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue, - York City, New York Nations Plaza, New York City, New New York City, New York - York -Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street, - NY South, New York City, New York New York City, New York -Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New - Blvd, New York City, New York York City, New York York City, New York -Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY - Florida -Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford, - Westchester, NY Connecticut -Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune, - NJ Angeles, CA India -Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver, - India Makati, Philippines Vancouver, Canada -Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, .................................... - Istanbul, Sisli Punta Sel Este, Uruguay -Briar Hall Operations LLC, New York, DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, - New York New York New York, New York -DT Dubai II Golf Manager LLC, New DT Home Marks International LLC, New DT Home Marks International Member - York, New York York, New York Corp, New York, New York -DT India Venture LLC, New York, New DT India Venture Managing Member DT Marks Baku LLC, New York, New - York Corp, New York, New York York -DT Marks Baku Managing Member Corp, DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New - New York, New York York York, New York -DT Marks Dubai II LLC, New York, New DT Marks Dubai II Member Corp, New .................................... - York York, New York -DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member DT Marks Jersey City LLC, New York, - York Corp, New York, New York New York -DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New DT Marks Qatar Member Corp, New - York York York, New York -DT Marks Products International LLC, DT Marks Product International DT Marks Pune LLC, New York, New - New York, New York Member Corp, New York, New York York -DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New DT Marks Pune II Managing Member - New York, New York York Corp, New York, New York -DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York, DT Marks Vancouver LP, New York, New - New York York -DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New DT Marks Worli Member Corp, New - Corp, New York, New York York York, New York -DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member Indian Hills Holdings LLC f/k/a - York Corp, New York, New York Indian Hills Development LLC, New - York, New York -Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member Lamington Family Holdings LLC, New - National Gold Club-Jupiter), New Corp, New York, New York York, New York - York, New York -Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New LFB Acquisition Member Corp, New - York, New York York York, New York -Mar A Lago Club, Inc, Palm Beach, Mar A Lago Club, L.L.C, New York, Nitto World Co, Limited, Turnberry, - Florida New York Scotland -OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New OWO Developer LLC, New York, New - York York, New York York -TIGL Ireland Enterprises Limited TIGL Ireland Management Limited, Ace Entertainment Holdings Inc (f/k/ - (Trump International Golf Links- Doonbeg, Ireland a Trump Casinos Inc and formerly - Doonbeg), Doonbeg, Ireland Trump Taj Mahal, Inc), Atlantic - City, NJ -Trump Chicago Commercial Member Trump Chicago Commercial Manager Trump Chicago Development LLC, New - Corp, New York, New York LLC, New York, New York York, New York -Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New Trump Chicago Managing Member LLC, - York, New York York, New York New York, New York -Trump Chicago Member LLC, New York, Trump Chicago Residential Member Trump Chicago Residential Manager - New York Corp, New York, New York LLC, New York, New York -Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC, Trump Chicago Retail Member Corp, - New York New York, New York New York, New York -Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member Trump Drinks Israel LLC, New York, - New York, New York Corp, New York, New York New York -Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump Trump Endeavor 12 Manager Corp, New - York, New York National Doral), New York, New York York, New York -Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York, Trump Golf Coco Beach Member Corp, - York, New York New York New York, New York -Trump International Development LLC, Trump International Golf Club LC Trump International Golf Club - New York, New York (Trump International Golf Club- Scotland Limited, Aberdeen, - Florida), New York, New York Scotland -Trump International Golf Club, Inc, Trump International Hotel and Tower Trump International Hotel Hawaii - Palm Beach, Florida Condominium, New York, New York LLC, New York, New York -Trump International Hotels Trump International Management Corp, Trump Korean Projects LLC, New York, - Management LLC, New York, New York New York, New York New York -Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New Trump Marks Baja Corp, New York, New - New York York, New York York -Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York, Trump Marks Beverages Corp, New - York New York York, New York -Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York, Trump Marks Canouan, LLC New York, - New York New York New York -Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New Trump Marks Dubai Corp, New York, - New York York, New York New York -Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York, Trump Marks Egypt LLC, New York, New - York New York York -Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp, Trump Marks Ft. Lauderdale LLC, New - York, New York New York, New York York, New York -Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New Trump Marks Holding LP (FKA Trump - Corp, New York, New York York Marks LP), New York, New York -Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York, Trump Marks Istanbul II Corp, New - York, New York New York York, New York -Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New Trump Marks Jersey City LLC, New - York, New York York, New York York, New York -Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp, Trump Marks Menswear LLC, New York, - New York New York, New York New York -Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York, Trump Marks Mtg LLC, New York, New - New York, New York New York York -Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New Trump Marks New Rochelle Corp, New - New York York, New York York, New York -Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New Trump Marks Palm Beach LLC, New - York, New York York, New York York, New York -Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York, Trump Marks Philadelphia Corp, New - New York New York York, New York -Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New Trump Marks Philippines LLC, New - York, New York York, New York York, New York -Trump Marks Products LLC, New York, The Trump Organization, Inc, New .................................... - New York York, New York -Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member - New York, New York York, New York Corp, New York, New York -Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New - York, New York Corp, New York, New York York, New York -Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp, - Corp, New York, New York York, New York New York, New York -Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York, - York, New York York New York -Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member - New York York, New York Corp, New York, New York -Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York, - York, New York Corp, New York, New York New York -Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York, - York New York New York -Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York, - Trump Toronto Management LP), New New York New York - York, New York -Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New - York, New York York, New York York, New York -Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck - New York, New York Corp, New York, New York LLC, New York, New York -Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member - Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York - New York, New York -Trump National Golf Club Washington Trump National Golf Club Washington .................................... - DC LCC, New York, New York DC Member Corp, New York, New York - Trump Old Post Office LLC, New York, Trump Old Post Office Member Corp, - New York New York, New York -Trump On the Ocean LLC, New York, Trump Organization LLC, New York, The Trump Organization, New York, - New York New York New York -Trump Pageants, Inc, New York, New Trump Palace Condominium, New York, Trump Palace/Parc LLC, New York, New - York New York York -Trump Panama Condominium Management Trump Panama Condominium Member Trump Panama Hotel Management LLC, - LLC, New York, New York Corp, New York, New York New York, New York -Trump Panama Hotel Management Member Trump Parc East Condominium, New Trump Park Avenue Acquisition LLC, - Corp, New York, New York York, New York New York, New York -Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York, Trump Payroll Corp, New York, New - York New York York -Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York Trump Plaza Member Inc (F/K/A Trump - York, New York Plaza Corp), New York, New York -Trump Productions LLC (former Rancho Trump Production Managing Member Trump Project Manager Corp, New - Lien LLC), New York, New York Inc, New York, New York York, New York -Trump Realty Services, LLc (f/k/a Trump Restaurants LLC, New York, Trump Riverside Management LLC, New - Trump Mortgage Services LLC (03) & New York York, New York - Tower Mortgage Services LLC), Palm - Beach, Florida -Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas, - York, New York NV -Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen, - Chicago, IL Corp, Chicago, IL Scotland -Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New - Scotsborough Square, VA York, New York, New York York -Trump Toronto Hotel Member Corp, New Trump Toronto Development Inc, New Trump Toronto Member Corp (formally - York, New York York, New York Trump Toronto Management Member - Corp), New York, New York -Trump Tower Commercial LLC, New Trump Tower Condominium Residential Trump Tower Managing Member Inc, New - York, New York Section, New York, New York York, New York -Trump Village Construction Corp, New Trump Vineyard Estates LLC, New Trump Vineyard Estates Manager Corp, - York, New York York, New York New York, New York -Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka Trump Virginia Acquisitions Manager - LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New Corp, New York, New York - LLC), New York, New York York, New York -Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp, Trump Wine Marks LLC, New York, New - New York New York, New York York -Trump Wine Marks Member Corp, New Trump World Productions LLC, New Trump World Productions Manager - York, New York York, New York Corp, New York, New York -Trump World Publications LLC, New Trump/New World Property Management Trump's Castle Management Corp, - York, New York LLC, New York, New York Atlantic City, NJ -Trump Marks White Plains Corp, New Turnberry Scotland Managing Member Turnberry Scotland LLC, Turnberry, - York, New York Corp, Turnberry, Scotland Scotland -TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland TW Venture I Managing Member Corp, - Florida Palm Beach, Florida -TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New Unit 2502 Enterprises Corp, Chicago, - Doonbeg, Ireland York IL -Unit 2502 Enterprises LLC, Chicago, VH Property Corp (Trump National VHPS LLC, Los Angeles, CA - IL Golf Club-Los Angeles), Los - Angeles, CA -West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL - Florida York -White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New - Miami FL York York, New York -Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976 - Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New - LLC), New York, New York York, New York York, New York -The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O - Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New - New York, New York York York -Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust - - Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor - - York York, New York Trustee is Donald J. Trump, Jr., - New York, New York -The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York, - New York, New York York, New York New York -DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp, - New York, New York New York New York, New York -DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited, - LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland -DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York, - York New York New York -DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp, - New York, New York New York New York, New York -DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New - York New York York -DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York, - New York New York -DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New - New York York -DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York, - Corp, New York, New York New York -DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New - York New York York -DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New - York, New York York York, New York -THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New - New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York - NJ -Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP, - Corp, New York, New York York, New York New York, New York -TC MARKS BUENOS AIRES LLC, New York, WMTMF LLC, New York, New York Midland Associates, New York, New - New York York -Miss Universe L.P., LLP (formerly Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New - Trump Pageants, L.P.), New York, York, New York York - New York -40 Wall Street LLC, New York, New 401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, - York Chicago, IL CA -Caribuslness Investments, S.R.L., County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New - Dominican Republic York -DJT Operations I LLC, New York, New DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, - York Florida French West Indies -Fifty-Seventh Street Associates LLC, Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY - New York, New York Hill, NJ -Trump Turnberry , Turnberry, The East 61 Street Company, LP, New The Trump Corporation, New York, New - Scotland York, New York York -TIHT Commercial LLC, New York, New TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson - York New York Valley, Hopewell Junction, NY -Trump National Golf Club - Trump National Golf Club - Trump International Golf Links - - Charlotte, Charlotte, NC Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland -Trump Las Vegas Development LLC, Las Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New - Vegas, NV York, New York -Trump National Golf Club - 1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York - Washington DC, Potomac Falls, VA Florida -HWA 555 Owners, LLC, San Francisco, 1290 Avenue of the Americas, A Trump Tower Triplex, New York, New - CA Tenancy-In-Common, New York, New York - York -NIKIA DTW VENTURE LLC, Palm Beach, THC Vancouver Management Corp, TNGC Jupiter Management Corp, - Florida Vancouver, Canada Jupiter, FL -Trump Toronto Hotel Management Corp, Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality - New York, New York LLC, Miami, FL -THC IMEA Development LLC, New York, DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, - New York LLC, Lido, Indonesia Inc., Las Vegas, NV -Albemarle Estate, Charlottesville, MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New - VA Scotland York City, New York -Trump International Golf Club, Trump World Golf Club Dubai, UAE Trump International Resort & Golf - Dubai, UAE Club Lido, Lido City, Indonesia -Seven Springs, Bedford, NY Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea - French West Indies -Trump Towers, Sunny Isles, FL .................................... .................................... ----------------------------------------------------------------------------------------------------------------- - - Sec. 540. None of the funds made available by this Act to the -Department of Justice may be used to prevent the Virgin Islands from -implementing its own law that authorizes the use, distribution, -possession, or cultivation of medical marijuana. - Sec. 541. None of the funds made available in this Act may be used -in contravention of the national standards for fishery conservation and -management as set out in section 301 of the Magnuson-Stevens Fishery -Conservation and Management Act (16 U.S.C. 1851). - Sec. 542. None of the funds made available by this Act may be used -by the National Telecommunications and Information Administration to -update a broadband availability map using only Form 477 data from the -Federal Communications Commission. - Sec. 543. None of the funds made available by this Act may be used -for activities prohibited by the order issued by the Attorney General -entitled ``Prohibition on Certain Federal Adoptions of Seizures by -State and Local Law Enforcement Agencies'' (Order No. 3488-2015, dated -January 16, 2015). - Sec. 544. None of the funds made available by this Act to the -Department of Justice may be used to prevent any Indian tribe (as such -term is defined in section 4 of the Indian Self-Determination and -Education Assistance Act (25 U.S.C. 5304)) from enacting or -implementing tribal laws that authorize the use, distribution, -possession, or cultivation of marijuana. - Sec. 545. None of the funds made available to the Bureau of the -Census by this Act may be used in the contravention of section 9 of -title 13, United States Code. - Sec. 546. None of the funds made available by this Act may be used -to issue a proposed or final rule revising the National Oceanic and -Atmospheric Administration's Federal consistency regulations at 15 Code -Federal Regulations part 930 under Section 307(c) of the Coastal Zone -Management Act of 1972 (16 U.S.C. 1456(c)). - Sec. 547. None of the funds made available by this Act may be -used-- - (1) to allow or authorize the incidental taking of marine - mammals under section 101(a)(5)(A) or (D) of the Marine Mammal - Protection Act of 1972 (16 U.S.C. 1371(a)(5)(A) or (D)) for - geophysical or geological exploration for oil or gas (as those - terms are defined in 30 CFR 551.1), within the specific - geographic region described in ``Notice; issuance of five - incidental harassment authorizations'' published in the Federal - Register at 83 Fed. Reg. 63,268; - (2) to provide an opinion from the Secretary of Commerce - under section 7(b) of the Endangered Species Act of 1973 (16 - U.S.C. 1536(b)), on how any such authorization affects an - endangered species or its critical habitat; or - (3) to prepare or supplement an Environmental Impact - Statement or Environmental Assessment pursuant to the National - Environmental Policy Act, 42 U.S.C. 4321 et seq., and its - associated regulations, in support of any such authorization. - Sec. 548. None of the funds made available by this Act may be used -by the Bureau of the Census to use information or records received -through data sharing agreements in contravention of existing law, -including sections 9 and 214 of title 13, United States Code. - Sec. 549. None of the funds made available by this Act may be used -to enforce the ``Memorandum for Federal Prosecutors Along the Southwest -Border, Zero-tolerance for Offenses Under 8 U.S.C. 1325(a)'' issued by -the Attorney General on April 6, 2018. - Sec. 550. None of the funds made available by this Act to the -Department of Justice may be used, with respect to any of the States of -Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, -Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, -Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, -Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New -Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, -Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, -Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, -or with respect to the District of Columbia, the Commonwealth of the -Northern Mariana Islands, Guam, Puerto Rico, or the United States -Virgin Islands, to prevent any of them from implementing their own laws -that authorize the use, distribution, possession, or cultivation of -marijuana. - Sec. 551. None of the funds made available by this Act may be used -by the Department of Justice to argue, in the conduct of any litigation -to which the United States, or an agency or officer thereof is a party, -that any provision of the Patient Protection and Affordable Care Act -(Public Law 111-148; 124 Stat. 119) or of the Health Care and Education -Reconciliation Act of 2010 (Public Law 111-152), is unconstitutional or -is invalid or unenforceable on any ground, including that certain -provisions of the Patient Protection and Affordable Care Act are not -severable from section 5000A of that Act. - This Act may be cited as the ``Commerce, Justice, Science, and -Related Agencies Appropriations Act, 2020''. - - DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG - ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 - - The following sums are appropriated, out of any money in the -Treasury not otherwise appropriated, for Agriculture, Rural -Development, Food and Drug Administration, and Related Agencies for the -fiscal year ending September 30, 2020, and for other purposes, namely: - - TITLE I - - AGRICULTURAL PROGRAMS - - Processing, Research, and Marketing - - Office of the Secretary - - (including transfers of funds) - - For necessary expenses of the Office of the Secretary, $45,112,000 -(reduced by $3,600,000) (reduced by $5,000,000) (reduced by $1,000,000) -(reduced by $500,000) (reduced by $1,000,000) (reduced by $12,500,000), -of which not to exceed $4,850,000 (reduced by $1,000,000) shall be -available for the Immediate Office of the Secretary; not to exceed -$1,448,000 shall be available for the Office of Homeland Security; not -to exceed $6,211,000 shall be available for the Office of Partnerships -and Public Engagement, of which $1,500,000 shall be for 7 U.S.C. -2279(c)(5); not to exceed $22,251,000 (reduced by $3,000,000) (reduced -by $5,000,000) (reduced by $500,000) (reduced by $12,500,000) shall be -available for the Office of the Assistant Secretary for Administration, -of which $21,376,000 (reduced by $3,000,000) (reduced by $5,000,000) -(reduced by $500,000) (reduced by $12,500,000) shall be available for -Departmental Administration to provide for necessary expenses for -management support services to offices of the Department and for -general administration, security, repairs and alterations, and other -miscellaneous supplies and expenses not otherwise provided for and -necessary for the practical and efficient work of the Department: -Provided, That funds made available by this Act to an agency in the -Administration mission area for salaries and expenses are available to -fund up to one administrative support staff for the Office; not to -exceed $3,091,000 shall be available for the Office of Assistant -Secretary for Congressional Relations and Intergovernmental Affairs to -carry out the programs funded by this Act, including programs involving -intergovernmental affairs and liaison within the executive branch; and -not to exceed $7,261,000 (reduced by $600,000) (reduced by $1,000,000) -shall be available for the Office of Communications: Provided further, -That the Secretary of Agriculture is authorized to transfer funds -appropriated for any office of the Office of the Secretary to any other -office of the Office of the Secretary: Provided further, That no -appropriation for any office shall be increased or decreased by more -than 5 percent: Provided further, That not to exceed $22,000 of the -amount made available under this paragraph for the Immediate Office of -the Secretary shall be available for official reception and -representation expenses, not otherwise provided for, as determined by -the Secretary: Provided further, That the amount made available under -this heading for Departmental Administration shall be reimbursed from -applicable appropriations in this Act for travel expenses incident to -the holding of hearings as required by 5 U.S.C. 551-558: Provided -further, That funds made available under this heading for the Office of -the Assistant Secretary for Congressional Relations and -Intergovernmental Affairs may be transferred to agencies of the -Department of Agriculture funded by this Act to maintain personnel at -the agency level. - - Executive Operations - - office of the chief economist - - For necessary expenses of the Office of the Chief Economist, -$21,013,000, of which $5,000,000 shall be for grants or cooperative -agreements for policy research under 7 U.S.C. 3155. - - office of hearings and appeals - - For necessary expenses of the Office of Hearings and Appeals, -$15,222,000. - - office of budget and program analysis - - For necessary expenses of the Office of Budget and Program -Analysis, $9,525,000. - - Office of the Chief Information Officer - - For necessary expenses of the Office of the Chief Information -Officer, $101,400,000 (reduced by $3,000,000) (reduced by $10,000,000) -(reduced by $1,400,000) (reduced by $200,000) (reduced by $353,000) -(reduced by $25,000,000) (reduced by $12,500,000). - - Office of the Chief Financial Officer - - For necessary expenses of the Office of the Chief Financial -Officer, $6,028,000. - - Office of the Assistant Secretary for Civil Rights - - For necessary expenses of the Office of the Assistant Secretary for -Civil Rights, $901,000: Provided, That funds made available by this -Act to an agency in the Civil Rights mission area for salaries and -expenses are available to fund up to one administrative support staff -for the Office. - - Office of Civil Rights - - For necessary expenses of the Office of Civil Rights, $24,206,000. - - Agriculture Buildings and Facilities - - (including transfers of funds) - - For payment of space rental and related costs pursuant to Public -Law 92-313, including authorities pursuant to the 1984 delegation of -authority from the Administrator of General Services to the Department -of Agriculture under 40 U.S.C. 121, for programs and activities of the -Department which are included in this Act, and for alterations and -other actions needed for the Department and its agencies to consolidate -unneeded space into configurations suitable for release to the -Administrator of General Services, and for the operation, maintenance, -improvement, and repair of Agriculture buildings and facilities, and -for related costs, $331,114,000 (reduced by $1,000,000), to remain -available until expended. - - Hazardous Materials Management - - (including transfers of funds) - - For necessary expenses of the Department of Agriculture, to comply -with the Comprehensive Environmental Response, Compensation, and -Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act -(42 U.S.C. 6901 et seq.), $5,288,000, to remain available until -expended: Provided, That appropriations and funds available herein to -the Department for Hazardous Materials Management may be transferred to -any agency of the Department for its use in meeting all requirements -pursuant to the above Acts on Federal and non-Federal lands. - - Office of Inspector General - - For necessary expenses of the Office of Inspector General, -including employment pursuant to the Inspector General Act of 1978 -(Public Law 95-452; 5 U.S.C. App.), $98,208,000 (increased by -$1,000,000), including such sums as may be necessary for contracting -and other arrangements with public agencies and private persons -pursuant to section 6(a)(9) of the Inspector General Act of 1978 -(Public Law 95-452; 5 U.S.C. App.), and including not to exceed -$125,000 for certain confidential operational expenses, including the -payment of informants, to be expended under the direction of the -Inspector General pursuant to the Inspector General Act of 1978 (Public -Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food -Act of 1981 (Public Law 97-98). - - Office of the General Counsel - - For necessary expenses of the Office of the General Counsel, -$41,242,000 (reduced by $30,000,000). - - Office of Ethics - - For necessary expenses of the Office of Ethics, $4,136,000. - - Office of the Under Secretary for Research, Education, and Economics - - For necessary expenses of the Office of the Under Secretary for -Research, Education, and Economics, $800,000 (reduced by $1) (increased -by $1): Provided, That funds made available by this Act to an agency -in the Research, Education, and Economics mission area for salaries and -expenses are available to fund up to one administrative support staff -for the Office. - - Economic Research Service - - For necessary expenses of the Economic Research Service, -$87,757,000 (reduced by $1) (increased by $1): Provided, That the term -``necessary expenses'' does not include any expenditure of funds to -relocate the Economic Research Service outside the National Capital -Region. - - National Agricultural Statistics Service - - For necessary expenses of the National Agricultural Statistics -Service, $180,794,000, of which up to $45,300,000 shall be available -until expended for the Census of Agriculture: Provided, That amounts -made available for the Census of Agriculture may be used to conduct -Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f). - - Agricultural Research Service - - salaries and expenses - - For necessary expenses of the Agricultural Research Service and for -acquisition of lands by donation, exchange, or purchase at a nominal -cost not to exceed $100, and for land exchanges where the lands -exchanged shall be of equal value or shall be equalized by a payment of -money to the grantor which shall not exceed 25 percent of the total -value of the land or interests transferred out of Federal ownership, -$1,347,516,000 (reduced by $5,000,000) (increased by $5,000,000), of -which $13,100,000, to remain available until expended, shall be used -for transition and equipment purchases for the National Bio and Agro- -Defense Facility located in Manhattan, Kansas: Provided, That of the -amounts available to the Agricultural Research Service for the National -Bio and Agro-Defense Facility, no funds may be obligated above the -amount provided for the facility in Public Law 116-6 until the -Secretary of Agriculture submits to the Committees on Appropriations of -both Houses of Congress, and receives written or electronic -notification of receipt from such Committees, a strategic plan as -required in the report accompanying this Act: Provided further, That -appropriations hereunder shall be available for the operation and -maintenance of aircraft and the purchase of not to exceed one for -replacement only: Provided further, That appropriations hereunder -shall be available pursuant to 7 U.S.C. 2250 for the construction, -alteration, and repair of buildings and improvements, but unless -otherwise provided, the cost of constructing any one building shall not -exceed $500,000, except for headhouses or greenhouses which shall each -be limited to $1,800,000, except for 10 buildings to be constructed or -improved at a cost not to exceed $1,100,000 each, and except for two -buildings to be constructed at a cost not to exceed $3,000,000 each, -and the cost of altering any one building during the fiscal year shall -not exceed 10 percent of the current replacement value of the building -or $500,000, whichever is greater: Provided further, That -appropriations hereunder shall be available for entering into lease -agreements at any Agricultural Research Service location for the -construction of a research facility by a non-Federal entity for use by -the Agricultural Research Service and a condition of the lease shall be -that any facility shall be owned, operated, and maintained by the non- -Federal entity and shall be removed upon the expiration or termination -of the lease agreement: Provided further, That the limitations on -alterations contained in this Act shall not apply to modernization or -replacement of existing facilities at Beltsville, Maryland: Provided -further, That appropriations hereunder shall be available for granting -easements at the Beltsville Agricultural Research Center: Provided -further, That the foregoing limitations shall not apply to replacement -of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. -113a): Provided further, That appropriations hereunder shall be -available for granting easements at any Agricultural Research Service -location for the construction of a research facility by a non-Federal -entity for use by, and acceptable to, the Agricultural Research Service -and a condition of the easements shall be that upon completion the -facility shall be accepted by the Secretary, subject to the -availability of funds herein, if the Secretary finds that acceptance of -the facility is in the interest of the United States: Provided -further, That funds may be received from any State, other political -subdivision, organization, or individual for the purpose of -establishing or operating any research facility or research project of -the Agricultural Research Service, as authorized by law. - - buildings and facilities - - For the acquisition of land, construction, repair, improvement, -extension, alteration, and purchase of fixed equipment or facilities as -necessary to carry out the agricultural research programs of the -Department of Agriculture, where not otherwise provided, $50,000,000 to -remain available until expended. - - National Institute of Food and Agriculture - - research and education activities - - For payments to agricultural experiment stations, for cooperative -forestry and other research, for facilities, and for other expenses, -$1,033,007,000 (increased by $2,000,000) (increased by $5,000,000) -(reduced by $5,000,000) (reduced by $5,000,000) (increased by -$5,000,000), which shall be for the purposes, and in the amounts, -specified in the table titled ``National Institute of Food and -Agriculture, Research and Education Activities'' in the report -accompanying this Act: Provided, That funds for research grants for -1994 institutions, education grants for 1890 institutions, capacity -building for non-land-grant colleges of agriculture, the agriculture -and food research initiative, veterinary medicine loan repayment, -multicultural scholars, graduate fellowship and institution challenge -grants, and grants management systems shall remain available until -expended: Provided further, That each institution eligible to receive -funds under the Evans-Allen program receives no less than $1,000,000: -Provided further, That funds for education grants for Alaska Native and -Native Hawaiian-serving institutions be made available to individual -eligible institutions or consortia of eligible institutions with funds -awarded equally to each of the States of Alaska and Hawaii: Provided -further, That funds for education grants for 1890 institutions shall be -made available to institutions eligible to receive funds under 7 U.S.C. -3221 and 3222: Provided further, That not more than 5 percent of the -amounts made available by this or any other Act to carry out the -Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be -retained by the Secretary of Agriculture to pay administrative costs -incurred by the Secretary in carrying out that authority: Provided -further, That none of these funds may be used to relocate the National -Institute of Food and Agriculture outside the National Capital Region. - - native american institutions endowment fund - - For the Native American Institutions Endowment Fund authorized by -Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain -available until expended. - - extension activities - - For payments to States, the District of Columbia, Puerto Rico, -Guam, the Virgin Islands, Micronesia, the Northern Marianas, and -American Samoa, $541,086,000 (increased by $1,000,000) (reduced by -$10,000,000) (increased by $10,000,000), which shall be for the -purposes, and in the amounts, specified in the table titled ``National -Institute of Food and Agriculture, Extension Activities'' in the report -accompanying this Act: Provided, That funds for facility improvements -at 1890 institutions shall remain available until expended: Provided -further, That institutions eligible to receive funds under 7 U.S.C. -3221 for cooperative extension receive no less than $1,000,000: -Provided further, That funds for cooperative extension under sections -3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and -section 208(c) of Public Law 93-471 shall be available for retirement -and employees' compensation costs for extension agents: Provided -further, That none of these funds may be used to relocate the National -Institute of Food and Agriculture outside the National Capital Region. - - integrated activities - - For the integrated research, education, and extension grants -programs, including necessary administrative expenses, $40,000,000, -which shall be for the purposes, and in the amounts, specified in the -table titled ``National Institute of Food and Agriculture, Integrated -Activities'' in the report accompanying this Act: Provided, That funds -for the Food and Agriculture Defense Initiative shall remain available -until September 30, 2021: Provided further, That notwithstanding any -other provision of law, indirect costs shall not be charged against any -Extension Implementation Program Area grant awarded under the Crop -Protection/Pest Management Program (7 U.S.C. 7626): Provided further, -That none of these funds may be used to relocate the National Institute -of Food and Agriculture outside the National Capital Region. - - Office of the Under Secretary for Marketing and Regulatory Programs - - For necessary expenses of the Office of the Under Secretary for -Marketing and Regulatory Programs, $800,000: Provided, That funds made -available by this Act to an agency in the Marketing and Regulatory -Programs mission area for salaries and expenses are available to fund -up to one administrative support staff for the Office. - - Animal and Plant Health Inspection Service - - salaries and expenses - - (including transfers of funds) - - For necessary expenses of the Animal and Plant Health Inspection -Service, including up to $30,000 for representation allowances and for -expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), -$1,034,011,000 (reduced by $12,000,000) (increased by $12,000,000) -(reduced by $15,000,000) (increased by $15,000,000), of which $470,000, -to remain available until expended, shall be available for the control -of outbreaks of insects, plant diseases, animal diseases and for -control of pest animals and birds (``contingency fund'') to the extent -necessary to meet emergency conditions; of which $11,520,000, to remain -available until expended, shall be used for the cotton pests program, -including for cost share purposes or for debt retirement for active -eradication zones; of which $37,857,000, to remain available until -expended, shall be for Animal Health Technical Services; of which -$1,000,000 shall be for activities under the authority of the Horse -Protection Act, as amended (15 U.S.C. 1831); of which $62,840,000, to -remain available until expended, shall be used to support avian health; -of which $4,251,000, to remain available until expended, shall be for -information technology infrastructure; of which $186,513,000, to remain -available until expended, shall be for specialty crop pests; of which, -$12,826,000, to remain available until expended, shall be for field -crop and rangeland ecosystem pests; of which $17,523,000, to remain -available until expended, shall be for zoonotic disease management; of -which $40,966,000, to remain available until expended, shall be for -emergency preparedness and response; of which $60,000,000, to remain -available until expended, shall be for tree and wood pests; of which -$5,725,000, to remain available until expended, shall be for the -National Veterinary Stockpile; of which up to $1,500,000, to remain -available until expended, shall be for the scrapie program for -indemnities; of which $2,500,000, to remain available until expended, -shall be for the wildlife damage management program for aviation -safety; of which $17,800,000, to remain available until expended, shall -be used to carry out the science program and transition activities for -the National Bio and Agro-Defense Facility located in Manhattan, -Kansas: Provided, That of the amounts available to the Animal and -Plant Health Inspection Service for the National Bio and Agro-Defense -Facility, no funds may be obligated above the amount provided for the -facility in Public Law 116-6 until the Secretary of Agriculture submits -to the Committees on Appropriations of both Houses of Congress, and -receives written or electronic notification of receipt from such -Committees, a strategic plan as required in the report accompanying -this Act: Provided further, That of amounts available under this -heading for wildlife services methods development, $1,000,000 shall -remain available until expended: Provided further, That of amounts -available under this heading for the screwworm program, $4,990,000 -shall remain available until expended: Provided further, That no funds -shall be used to formulate or administer a brucellosis eradication -program for the current fiscal year that does not require minimum -matching by the States of at least 40 percent: Provided further, That -this appropriation shall be available for the purchase, replacement, -operation, and maintenance of aircraft: Provided further, That in -addition, in emergencies which threaten any segment of the agricultural -production industry of the United States, the Secretary may transfer -from other appropriations or funds available to the agencies or -corporations of the Department such sums as may be deemed necessary, to -be available only in such emergencies for the arrest and eradication of -contagious or infectious disease or pests of animals, poultry, or -plants, and for expenses in accordance with sections 10411 and 10417 of -the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections -431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and -any unexpended balances of funds transferred for such emergency -purposes in the preceding fiscal year shall be merged with such -transferred amounts: Provided further, That appropriations hereunder -shall be available pursuant to law (7 U.S.C. 2250) for the repair and -alteration of leased buildings and improvements, but unless otherwise -provided the cost of altering any one building during the fiscal year -shall not exceed 10 percent of the current replacement value of the -building. - In fiscal year 2020, the agency is authorized to collect fees to -cover the total costs of providing technical assistance, goods, or -services requested by States, other political subdivisions, domestic -and international organizations, foreign governments, or individuals, -provided that such fees are structured such that any entity's liability -for such fees is reasonably based on the technical assistance, goods, -or services provided to the entity by the agency, and such fees shall -be reimbursed to this account, to remain available until expended, -without further appropriation, for providing such assistance, goods, or -services. - - buildings and facilities - - For plans, construction, repair, preventive maintenance, -environmental support, improvement, extension, alteration, and purchase -of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and -acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to -remain available until expended. - - Agricultural Marketing Service - - marketing services - - For necessary expenses of the Agricultural Marketing Service, -$182,888,000 (increased by $10,000,000) (reduced by $1,000,000) -(increased by $1,500,000) (reduced by $1,500,000), of which $4,000,000 -(increased by $1,000,000) shall be available for the purposes of -section 12306 of Public Law 113-79: Provided, That this appropriation -shall be available pursuant to law (7 U.S.C. 2250) for the alteration -and repair of buildings and improvements, but the cost of altering any -one building during the fiscal year shall not exceed 10 percent of the -current replacement value of the building. - Fees may be collected for the cost of standardization activities, -as established by regulation pursuant to law (31 U.S.C. 9701). - - limitation on administrative expenses - - Not to exceed $61,227,000 (from fees collected) shall be obligated -during the current fiscal year for administrative expenses: Provided, -That if crop size is understated and/or other uncontrollable events -occur, the agency may exceed this limitation by up to 10 percent with -notification to the Committees on Appropriations of both Houses of -Congress. - - funds for strengthening markets, income, and supply (section 32) - - (including transfers of funds) - - Funds available under section 32 of the Act of August 24, 1935 (7 -U.S.C. 612c), shall be used only for commodity program expenses as -authorized therein, and other related operating expenses, except for: -(1) transfers to the Department of Commerce as authorized by the Fish -and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers -otherwise provided in this Act; and (3) not more than $20,705,000 for -formulation and administration of marketing agreements and orders -pursuant to the Agricultural Marketing Agreement Act of 1937 and the -Agricultural Act of 1961 (Public Law 87-128). - - payments to states and possessions - - For payments to departments of agriculture, bureaus and departments -of markets, and similar agencies for marketing activities under section -204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), -$1,235,000. - - limitation on inspection and weighing services expenses - - Not to exceed $55,000,000 (from fees collected) shall be obligated -during the current fiscal year for inspection and weighing services: -Provided, That if grain export activities require additional -supervision and oversight, or other uncontrollable factors occur, this -limitation may be exceeded by up to 10 percent with notification to the -Committees on Appropriations of both Houses of Congress. - - Office of the Under Secretary for Food Safety - - For necessary expenses of the Office of the Under Secretary for -Food Safety, $800,000: Provided, That funds made available by this Act -to an agency in the Food Safety mission area for salaries and expenses -are available to fund up to one administrative support staff for the -Office. - - Food Safety and Inspection Service - - For necessary expenses to carry out services authorized by the -Federal Meat Inspection Act, the Poultry Products Inspection Act, and -the Egg Products Inspection Act, including not to exceed $10,000 for -representation allowances and for expenses pursuant to section 8 of the -Act approved August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in -addition, $1,000,000 may be credited to this account from fees -collected for the cost of laboratory accreditation as authorized by -section 1327 of the Food, Agriculture, Conservation and Trade Act of -1990 (7 U.S.C. 138f): Provided, That funds provided for the Public -Health Data Communication Infrastructure system shall remain available -until expended: Provided further, That no fewer than 148 full-time -equivalent positions shall be employed during fiscal year 2020 for -purposes dedicated solely to inspections and enforcement related to the -Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided -further, That the Food Safety and Inspection Service shall continue -implementation of section 11016 of Public Law 110-246 as further -clarified by the amendments made in section 12106 of Public Law 113-79: - Provided further, That this appropriation shall be available pursuant -to law (7 U.S.C. 2250) for the alteration and repair of buildings and -improvements, but the cost of altering any one building during the -fiscal year shall not exceed 10 percent of the current replacement -value of the building. - - TITLE II - - FARM PRODUCTION AND CONSERVATION PROGRAMS - - Office of the Under Secretary for Farm Production and Conservation - - For necessary expenses of the Office of the Under Secretary for -Farm Production and Conservation, $901,000: Provided, That funds made -available by this Act to an agency in the Farm Production and -Conservation mission area for salaries and expenses are available to -fund up to one administrative support staff for the Office. - - Farm Production and Conservation Business Center - - salaries and expenses - - (including transfers of funds) - - For necessary expenses of the Farm Production and Conservation -Business Center, $206,530,000: Provided, That $60,228,000 of amounts -appropriated for the current fiscal year pursuant to section 1241(a) of -the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a)) -shall be transferred to and merged with this account. - - Farm Service Agency - - salaries and expenses - - (including transfers of funds) - - For necessary expenses of the Farm Service Agency, $1,122,837,000, -of which not less than $20,000,000 shall be for the hiring of new -employees to fill vacancies at Farm Service Agency county offices and -farm loan officers and shall be available until September 30, 2021: -Provided, That of the funds included under this heading, $30,000,000 -shall be available until expended for temporary staff and information -technology software development related to implementation of the -Agriculture Improvement Act of 2018: Provided further, That not more -than 50 percent of the funding made available under this heading for -information technology related to farm program delivery may be -obligated until the Secretary submits to the Committees on -Appropriations of both Houses of Congress, and receives written or -electronic notification of receipt from such Committees of, a plan for -expenditure that: (1) identifies for each project/investment over -$25,000 (a) the functional and performance capabilities to be delivered -and the mission benefits to be realized, (b) the estimated lifecycle -cost for the entirety of the project/investment, including estimates -for development as well as maintenance and operations, and (c) key -milestones to be met; (2) demonstrates that each project/investment is, -(a) consistent with the Farm Service Agency Information Technology -Roadmap, (b) being managed in accordance with applicable lifecycle -management policies and guidance, and (c) subject to the applicable -Department's capital planning and investment control requirements; and -(3) has been reviewed by the Government Accountability Office and -approved by the Committees on Appropriations of both Houses of -Congress: Provided further, That the agency shall submit a report by -the end of the fourth quarter of fiscal year 2020 to the Committees on -Appropriations and the Government Accountability Office, that -identifies for each project/investment that is operational (a) current -performance against key indicators of customer satisfaction, (b) -current performance of service level agreements or other technical -metrics, (c) current performance against a pre-established cost -baseline, (d) a detailed breakdown of current and planned spending on -operational enhancements or upgrades, and (e) an assessment of whether -the investment continues to meet business needs as intended as well as -alternatives to the investment: Provided further, That the Secretary -is authorized to use the services, facilities, and authorities (but not -the funds) of the Commodity Credit Corporation to make program payments -for all programs administered by the Agency: Provided further, That -other funds made available to the Agency for authorized activities may -be advanced to and merged with this account: Provided further, That -funds made available to county committees shall remain available until -expended: Provided further, That none of the funds available to the -Farm Service Agency shall be used to close Farm Service Agency county -offices: Provided further, That none of the funds available to the -Farm Service Agency shall be used to permanently relocate county based -employees that would result in an office with two or fewer employees -without prior notification and approval of the Committees on -Appropriations of both Houses of Congress. - - state mediation grants - - For grants pursuant to section 502(b) of the Agricultural Credit -Act of 1987, as amended (7 U.S.C. 5101-5106), $5,000,000. - - grassroots source water protection program - - For necessary expenses to carry out wellhead or groundwater -protection activities under section 1240O of the Food Security Act of -1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until -expended. - - dairy indemnity program - - (including transfer of funds) - - For necessary expenses involved in making indemnity payments to -dairy farmers and manufacturers of dairy products under a dairy -indemnity program, such sums as may be necessary, to remain available -until expended: Provided, That such program is carried out by the -Secretary in the same manner as the dairy indemnity program described -in the Agriculture, Rural Development, Food and Drug Administration, -and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 -Stat. 1549A-12). - - agricultural credit insurance fund program account - - (including transfers of funds) - - For gross obligations for the principal amount of direct and -guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 -U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), -Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans -(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), -and Indian highly fractionated land loans (25 U.S.C. 488) to be -available from funds in the Agricultural Credit Insurance Fund, as -follows: $2,750,000,000 for guaranteed farm ownership loans and -$1,500,000,000 for farm ownership direct loans; $1,960,000,000 for -unsubsidized guaranteed operating loans and $1,550,133,000 for direct -operating loans; emergency loans, $37,668,000; Indian tribe land -acquisition loans, $20,000,000; guaranteed conservation loans, -$150,000,000; Indian highly fractionated land loans, $10,000,000; and -for boll weevil eradication program loans, $20,000,000: Provided, That -the Secretary shall deem the pink bollworm to be a boll weevil for the -purpose of boll weevil eradication program loans. - For the cost of direct and guaranteed loans and grants, including -the cost of modifying loans as defined in section 502 of the -Congressional Budget Act of 1974, as follows: farm operating loans, -$58,440,000 for direct operating loans, $20,972,000 for unsubsidized -guaranteed operating loans; emergency loans, $2,023,000; $2,745,000 for -Indian highly fractionated land loans; and $20,000 for boll weevil -eradication loans; to remain available until expended. - In addition, for administrative expenses necessary to carry out the -direct and guaranteed loan programs, $317,068,000: Provided, That of -this amount, $290,917,000 shall be transferred to and merged with the -appropriation for ``Farm Service Agency, Salaries and Expenses'': -Provided further, That of this amount $16,081,000 shall be transferred -to and merged with the appropriation for ``Farm Production and -Conservation Business Center, Salaries and Expenses''. - Funds appropriated by this Act to the Agricultural Credit Insurance -Program Account for farm ownership, operating and conservation direct -loans and guaranteed loans may be transferred among these programs: -Provided, That the Committees on Appropriations of both Houses of -Congress are notified at least 15 days in advance of any transfer. - - Risk Management Agency - - salaries and expenses - - For necessary expenses of the Risk Management Agency, $58,361,000: -Provided, That not to exceed $1,000 shall be available for official -reception and representation expenses, as authorized by 7 U.S.C. -1506(i). - - Natural Resources Conservation Service - - conservation operations - - For necessary expenses for carrying out the provisions of the Act -of April 27, 1935 (16 U.S.C. 590a-f), including preparation of -conservation plans and establishment of measures to conserve soil and -water (including farm irrigation and land drainage and such special -measures for soil and water management as may be necessary to prevent -floods and the siltation of reservoirs and to control agricultural -related pollutants); operation of conservation plant materials centers; -classification and mapping of soil; dissemination of information; -acquisition of lands, water, and interests therein for use in the plant -materials program by donation, exchange, or purchase at a nominal cost -not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. -2268a); purchase and erection or alteration or improvement of permanent -and temporary buildings; and operation and maintenance of aircraft, -$829,628,000, to remain available until September 30, 2021: Provided, -That appropriations hereunder shall be available pursuant to 7 U.S.C. -2250 for construction and improvement of buildings and public -improvements at plant materials centers, except that the cost of -alterations and improvements to other buildings and other public -improvements shall not exceed $250,000: Provided further, That when -buildings or other structures are erected on non-Federal land, that the -right to use such land is obtained as provided in 7 U.S.C. 2250a. - - watershed and flood prevention operations - - For necessary expenses to carry out preventive measures, including -but not limited to surveys and investigations, engineering operations, -works of improvement, and changes in use of land, in accordance with -the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 -and 1007-1009) and in accordance with the provisions of laws relating -to the activities of the Department, $155,000,000, to remain available -until expended: Provided, That for funds provided by this Act or any -other prior Act, the limitation regarding the size of the watershed or -subwatershed exceeding two hundred and fifty thousand acres in which -such activities can be undertaken shall only apply for activities -undertaken for the primary purpose of flood prevention (including -structural and land treatment measures): Provided further, That of the -amounts made available under this heading, $52,500,000 shall be -allocated to projects and activities that can commence promptly -following enactment; that address regional priorities for flood -prevention, agricultural water management, inefficient irrigation -systems, fish and wildlife habitat, or watershed protection; or that -address authorized ongoing projects under the authorities of section 13 -of the Flood Control Act of December 22, 1944 (Public Law 78-534) with -a primary purpose of watershed protection by preventing floodwater -damage and stabilizing stream channels, tributaries, and banks to -reduce erosion and sediment transport. - - watershed rehabilitation program - - Under the authorities of section 14 of the Watershed Protection and -Flood Prevention Act, $12,000,000 is provided: Provided, That of the -amounts made available under this heading, $5,000,000 shall remain -available until expended for watershed rehabilitation projects in -states with high-hazard dams and other watershed structures and that -have recently incurred flooding events which caused fatalities. - - CORPORATIONS - - The following corporations and agencies are hereby authorized to -make expenditures, within the limits of funds and borrowing authority -available to each such corporation or agency and in accord with law, -and to make contracts and commitments without regard to fiscal year -limitations as provided by section 104 of the Government Corporation -Control Act as may be necessary in carrying out the programs set forth -in the budget for the current fiscal year for such corporation or -agency, except as hereinafter provided. - - Federal Crop Insurance Corporation Fund - - For payments as authorized by section 516 of the Federal Crop -Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain -available until expended. - - Commodity Credit Corporation Fund - - reimbursement for net realized losses - - (including transfers of funds) - - For the current fiscal year, such sums as may be necessary to -reimburse the Commodity Credit Corporation for net realized losses -sustained, but not previously reimbursed, pursuant to section 2 of the -Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the -funds available to the Commodity Credit Corporation under section 11 of -the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the -conduct of its business with the Foreign Agricultural Service, up to -$5,000,000 may be transferred to and used by the Foreign Agricultural -Service for information resource management activities of the Foreign -Agricultural Service that are not related to Commodity Credit -Corporation business. - - hazardous waste management - - (limitation on expenses) - - For the current fiscal year, the Commodity Credit Corporation shall -not expend more than $5,000,000 for site investigation and cleanup -expenses, and operations and maintenance expenses to comply with the -requirement of section 107(g) of the Comprehensive Environmental -Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and -section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961). - - TITLE III - - RURAL DEVELOPMENT PROGRAMS - - Office of the Under Secretary for Rural Development - - For necessary expenses for the Office of the Under Secretary for -Rural Development, $800,000: Provided, That funds made available by -this Act to an agency in the Rural Development mission area for -salaries and expenses are available to fund up to one administrative -support staff for the Office. - - Rural Development - - salaries and expenses - - (including transfers of funds) - - For necessary expenses for carrying out the administration and -implementation of Rural Development programs, including activities with -institutions concerning the development and operation of agricultural -cooperatives; and for cooperative agreements; $255,835,000: Provided, -That notwithstanding any other provision of law, funds appropriated -under this heading may be used for advertising and promotional -activities that support Rural Development programs: Provided further, -That of the amounts made available under this paragraph, no less than -4,566 full-time equivalent employees salaries and expenses shall be -supported: Provided further, That in addition to any other funds -appropriated for purposes authorized by section 502(i) of the Housing -Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such -section, as amended by this Act, will immediately be credited to this -account and will remain available until expended for such purposes. - - Rural Housing Service - - rural housing insurance fund program account - - (including transfers of funds) - - For gross obligations for the principal amount of direct and -guaranteed loans as authorized by title V of the Housing Act of 1949, -to be available from funds in the rural housing insurance fund, as -follows: $1,000,000,000 shall be for direct loans and $24,000,000,000 -shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 -housing repair loans; $45,000,000 for section 515 rental housing; -$250,000,000 for section 538 guaranteed multi-family housing loans; -$10,000,000 for credit sales of single family housing acquired -property; $5,000,000 for section 523 self-help housing land development -loans; and $5,000,000 for section 524 site development loans. - For the cost of direct and guaranteed loans, including the cost of -modifying loans, as defined in section 502 of the Congressional Budget -Act of 1974, as follows: section 502 loans, $112,900,000 shall be for -direct loans; section 504 housing repair loans, $4,679,000; section 523 -self-help housing land development loans, $577,000; section 524 site -development loans, $546,000; and repair, rehabilitation, and new -construction of section 515 rental housing, $13,662,000: Provided, -That to support the loan program level for section 538 guaranteed loans -made available under this heading the Secretary may charge or adjust -any fees to cover the projected cost of such loan guarantees pursuant -to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et -seq.), and the interest on such loans may not be subsidized: Provided -further, That applicants in communities that have a current rural area -waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) -shall be treated as living in a rural area for purposes of section 502 -guaranteed loans provided under this heading: Provided further, That -of the amounts available under this paragraph for section 502 direct -loans, no less than $5,000,000 shall be available for direct loans for -individuals whose homes will be built pursuant to a program funded with -a mutual and self-help housing grant authorized by section 523 of the -Housing Act of 1949 until June 1, 2020: Provided further, That the -Secretary shall implement provisions to provide incentives to nonprofit -organizations and public housing authorities to facilitate the -acquisition of Rural Housing Service (RHS) multifamily housing -properties by such nonprofit organizations and public housing -authorities that commit to keep such properties in the RHS multifamily -housing program for a period of time as determined by the Secretary, -with such incentives to include, but not be limited to, the following: -allow such nonprofit entities and public housing authorities to earn a -Return on Investment on their own resources to include proceeds from -low income housing tax credit syndication, own contributions, grants, -and developer loans at favorable rates and terms, invested in a deal; -and allow reimbursement of organizational costs associated with owner's -oversight of asset referred to as ``Asset Management Fee'' of up to -$7,500 per property. - In addition, for the cost of direct loans, grants, and contracts, -as authorized by sections 514 and 516 of the Housing Act of 1949 (42 -U.S.C. 1484, 1486), $19,363,000, to remain available until expended, -for direct farm labor housing loans and domestic farm labor housing -grants and contracts: Provided, That any balances available for the -Farm Labor Program Account shall be transferred to and merged with this -account. - In addition, for administrative expenses necessary to carry out the -direct and guaranteed loan programs, $412,254,000 shall be transferred -to and merged with the appropriation for ``Rural Development, Salaries -and Expenses''. - - rental assistance program - - For rental assistance agreements entered into or renewed pursuant -to the authority under section 521(a)(2) of the Housing Act of 1949 or -agreements entered into in lieu of debt forgiveness or payments for -eligible households as authorized by section 502(c)(5)(D) of the -Housing Act of 1949, $1,375,000,000, of which $40,000,000 shall be -available until September 30, 2021; and in addition such sums as may be -necessary, as authorized by section 521(c) of the Act, to liquidate -debt incurred prior to fiscal year 1992 to carry out the rental -assistance program under section 521(a)(2) of the Act: Provided, That -rental assistance agreements entered into or renewed during the current -fiscal year shall be funded for a one-year period: Provided further, -That any unexpended balances remaining at the end of such one-year -agreements may be transferred and used for purposes of any debt -reduction; maintenance, repair, or rehabilitation of any existing -projects; preservation; and rental assistance activities authorized -under title V of the Act: Provided further, That rental assistance -provided under agreements entered into prior to fiscal year 2020 for a -farm labor multi-family housing project financed under section 514 or -516 of the Act may not be recaptured for use in another project until -such assistance has remained unused for a period of 12 consecutive -months, if such project has a waiting list of tenants seeking such -assistance or the project has rental assistance eligible tenants who -are not receiving such assistance: Provided further, That such -recaptured rental assistance shall, to the extent practicable, be -applied to another farm labor multi-family housing project financed -under section 514 or 516 of the Act: Provided further, That except as -provided in the third proviso under this heading and notwithstanding -any other provision of the Act, the Secretary may recapture rental -assistance provided under agreements entered into prior to fiscal year -2020 for a project that the Secretary determines no longer needs rental -assistance and use such recaptured funds for current needs. - - multi-family housing revitalization program account - - For the rural housing voucher program as authorized under section -542 of the Housing Act of 1949, but notwithstanding subsection (b) of -such section, and for additional costs to conduct a demonstration -program for the preservation and revitalization of multi-family rental -housing properties described in this paragraph, $75,000,000, to remain -available until expended: Provided, That of the funds made available -under this heading, $35,000,000, shall be available for rural housing -vouchers to any low-income household (including those not receiving -rental assistance) residing in a property financed with a section 515 -loan which has been prepaid after September 30, 2005: Provided -further, That the amount of such voucher shall be the difference -between comparable market rent for the section 515 unit and the tenant -paid rent for such unit: Provided further, That funds made available -for such vouchers shall be subject to the availability of annual -appropriations: Provided further, That the Secretary shall, to the -maximum extent practicable, administer such vouchers with current -regulations and administrative guidance applicable to section 8 housing -vouchers administered by the Secretary of the Department of Housing and -Urban Development: Provided further, That if the Secretary determines -that the amount made available for vouchers in this or any other Act is -not needed for vouchers, the Secretary may use such funds for the -demonstration program for the preservation and revitalization of multi- -family rental housing properties described in this paragraph: Provided -further, That of the funds made available under this heading, -$40,000,000 shall be available for a demonstration program for the -preservation and revitalization of the sections 514, 515, and 516 -multi-family rental housing properties to restructure existing USDA -multi-family housing loans, as the Secretary deems appropriate, -expressly for the purposes of ensuring the project has sufficient -resources to preserve the project for the purpose of providing safe and -affordable housing for low-income residents and farm laborers including -reducing or eliminating interest; deferring loan payments, -subordinating, reducing or reamortizing loan debt; and other financial -assistance including advances, payments and incentives (including the -ability of owners to obtain reasonable returns on investment) required -by the Secretary: Provided further, That the Secretary shall as part -of the preservation and revitalization agreement obtain a restrictive -use agreement consistent with the terms of the restructuring: Provided -further, That if the Secretary determines that additional funds for -vouchers described in this paragraph are needed, funds for the -preservation and revitalization demonstration program may be used for -such vouchers: Provided further, That if Congress enacts legislation -to permanently authorize a multi-family rental housing loan -restructuring program similar to the demonstration program described -herein, the Secretary may use funds made available for the -demonstration program under this heading to carry out such legislation -with the prior approval of the Committees on Appropriations of both -Houses of Congress: Provided further, That in addition to any other -available funds, the Secretary may expend not more than $1,000,000 -total, from the program funds made available under this heading, for -administrative expenses for activities funded under this heading. - - mutual and self-help housing grants - - For grants and contracts pursuant to section 523(b)(1)(A) of the -Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain available -until expended. - - rural housing assistance grants - - For grants for very low-income housing repair and rural housing -preservation made by the Rural Housing Service, as authorized by 42 -U.S.C. 1474, and 1490m, $45,000,000, to remain available until -expended. - - rural community facilities program account - - (including transfers of funds) - - For gross obligations for the principal amount of direct and -guaranteed loans as authorized by section 306 and described in section -381E(d)(1) of the Consolidated Farm and Rural Development Act, -$2,800,000,000 for direct loans and $250,000,000 for guaranteed loans. - For the cost of grants for rural community facilities programs as -authorized by section 306 and described in section 381E(d)(1) of the -Consolidated Farm and Rural Development Act, $71,000,000, to remain -available until expended: Provided, That $8,000,000 of the amount -appropriated under this heading shall be available for a Rural -Community Development Initiative: Provided further, That such funds -shall be used solely to develop the capacity and ability of private, -nonprofit community-based housing and community development -organizations, low-income rural communities, and Federally Recognized -Native American Tribes to undertake projects to improve housing, -community facilities, community and economic development projects in -rural areas: Provided further, That such funds shall be made available -to qualified private, nonprofit and public intermediary organizations -proposing to carry out a program of financial and technical assistance: - Provided further, That such intermediary organizations shall provide -matching funds from other sources, including Federal funds for related -activities, in an amount not less than funds provided: Provided -further, That $6,000,000 of the amount appropriated under this heading -shall be to provide grants for facilities in rural communities with -extreme unemployment and severe economic depression (Public Law 106- -387), with up to 5 percent for administration and capacity building in -the State rural development offices: Provided further, That $7,000,000 -of the amount appropriated under this heading shall be available for -community facilities grants to tribal colleges, as authorized by -section 306(a)(19) of such Act: Provided further, That sections 381E-H -and 381N of the Consolidated Farm and Rural Development Act are not -applicable to the funds made available under this heading. - - Rural Business--Cooperative Service - - rural business program account - - (including transfers of funds) - - For the cost of loan guarantees and grants, for the rural business -development programs authorized by section 310B and described in -subsections (a), (c), (f) and (g) of section 310B of the Consolidated -Farm and Rural Development Act, $67,600,000, to remain available until -expended: Provided, That of the amount appropriated under this -heading, not to exceed $500,000 shall be made available for one grant -to a qualified national organization to provide technical assistance -for rural transportation in order to promote economic development and -$8,000,000 shall be for grants to the Delta Regional Authority (7 -U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40 -U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40 -U.S.C. 14101 et seq.) for any Rural Community Advancement Program -purpose as described in section 381E(d) of the Consolidated Farm and -Rural Development Act, of which not more than 5 percent may be used for -administrative expenses: Provided further, That $4,000,000 of the -amount appropriated under this heading shall be for business grants to -benefit Federally Recognized Native American Tribes, including $250,000 -for a grant to a qualified national organization to provide technical -assistance for rural transportation in order to promote economic -development: Provided further, That sections 381E-H and 381N of the -Consolidated Farm and Rural Development Act are not applicable to funds -made available under this heading. - - intermediary relending program fund account - - (including transfer of funds) - - For the principal amount of direct loans, as authorized by the -Intermediary Relending Program Fund Account (7 U.S.C. 1936b), -$18,889,000. - For the cost of direct loans, $5,219,000, as authorized by the -Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which -$557,000 shall be available through June 30, 2020, for Federally -Recognized Native American Tribes; and of which $1,072,000 shall be -available through June 30, 2020, for Mississippi Delta Region counties -(as determined in accordance with Public Law 100-460): Provided, That -such costs, including the cost of modifying such loans, shall be as -defined in section 502 of the Congressional Budget Act of 1974. - In addition, for administrative expenses to carry out the direct -loan programs, $4,468,000 shall be transferred to and merged with the -appropriation for ``Rural Development, Salaries and Expenses''. - - rural economic development loans program account - - For the principal amount of direct loans, as authorized under -section 313B(a) of the Rural Electrification Act, for the purpose of -promoting rural economic development and job creation projects, -$50,000,000. - The cost of grants authorized under section 313B(a) of the Rural -Electrification Act, for the purpose of promoting rural economic -development and job creation projects shall not exceed $10,000,000. - - rural cooperative development grants - - For rural cooperative development grants authorized under section -310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. -1932), $29,800,000, of which $3,000,000 shall be for cooperative -agreements for the appropriate technology transfer for rural areas -program: Provided, That not to exceed $3,000,000 shall be for grants -for cooperative development centers, individual cooperatives, or groups -of cooperatives that serve socially disadvantaged groups and a majority -of the boards of directors or governing boards of which are comprised -of individuals who are members of socially disadvantaged groups; and of -which $18,000,000, to remain available until expended, shall be for -value-added agricultural product market development grants, as -authorized by section 210A of the Agricultural Marketing Act of 1946, -of which $3,000,000 may be used for Agriculture Innovation Centers -authorized pursuant to section 6402 of Public Law 107-171. - - rural microentrepreneur assistance program - - For the cost of loans and grants, $6,000,000 under the same terms -and conditions as authorized by section 379E of the Consolidated Farm -and Rural Development Act (7 U.S.C. 2008s): Provided, That such costs -of loans, including the cost of modifying such loans, shall be defined -in section 502 of the Congressional Budget Act of 1974. - - rural energy for america program - - For the cost of a program of loan guarantees, under the same terms -and conditions as authorized by section 9007 of the Farm Security and -Rural Investment Act of 2002 (7 U.S.C. 8107), $353,000 (increased by -$353,000): Provided, That the cost of loan guarantees, including the -cost of modifying such loans, shall be as defined in section 502 of the -Congressional Budget Act of 1974. - - Rural Utilities Service - - rural water and waste disposal program account - - (including transfers of funds) - - For the cost of direct loans, loan guarantees, and grants for rural -water, waste water, waste disposal, and solid waste management programs -authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and -described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the -Consolidated Farm and Rural Development Act, $718,480,000, to remain -available until expended, of which not to exceed $1,000,000 shall be -available for the rural utilities program described in section -306(a)(2)(B) of such Act, and of which not to exceed $15,000,000 -(increased by $1) (reduced by $1) shall be available for the rural -utilities program described in section 306E of such Act: Provided, -That not to exceed $15,000,000 of the amount appropriated under this -heading shall be for grants authorized by section 306A(i)(2) of the -Consolidated Farm and Rural Development Act in addition to funding -authorized by section 306A(i)(1) of such Act and such grants may not -exceed $1,000,000 notwithstanding section 306A(f)(1) of such Act: -Provided further, That $70,000,000 of the amount appropriated under -this heading shall be for loans and grants including water and waste -disposal systems grants authorized by section 306C(a)(2)(B) and section -306D of the Consolidated Farm and Rural Development Act, and Federally -Recognized Native American Tribes authorized by 306C(a)(1) of such Act: - Provided further, That funding provided for section 306D of the -Consolidated Farm and Rural Development Act may be provided to a -consortium formed pursuant to section 325 of Public Law 105-83: -Provided further, That not more than 2 percent of the funding provided -for section 306D of the Consolidated Farm and Rural Development Act may -be used by the State of Alaska for training and technical assistance -programs and not more than 2 percent of the funding provided for -section 306D of the Consolidated Farm and Rural Development Act may be -used by a consortium formed pursuant to section 325 of Public Law 105- -83 for training and technical assistance programs: Provided further, -That not to exceed $30,000,000 of the amount appropriated under this -heading shall be for technical assistance grants for rural water and -waste systems pursuant to section 306(a)(14) of such Act, unless the -Secretary makes a determination of extreme need, of which $9,000,000 -shall be made available for a grant to a qualified nonprofit multi- -State regional technical assistance organization, with experience in -working with small communities on water and waste water problems, the -principal purpose of such grant shall be to assist rural communities -with populations of 3,300 or less, in improving the planning, -financing, development, operation, and management of water and waste -water systems, and of which not less than $800,000 shall be for a -qualified national Native American organization to provide technical -assistance for rural water systems for tribal communities: Provided -further, That not to exceed $19,570,000 of the amount appropriated -under this heading shall be for contracting with qualified national -organizations for a circuit rider program to provide technical -assistance for rural water systems: Provided further, That not to -exceed $4,000,000 shall be for solid waste management grants: Provided -further, That sections 381E-H and 381N of the Consolidated Farm and -Rural Development Act are not applicable to the funds made available -under this heading. - - rural electrification and telecommunications loans program account - - (including transfer of funds) - - The principal amount of direct and guaranteed loans as authorized -by sections 305, 306, and 317 of the Rural Electrification Act of 1936 -(7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made -pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that -Act, rural electric, $5,500,000,000; guaranteed underwriting loans -pursuant to section 313A of that Act, $750,000,000; 5 percent rural -telecommunications loans, cost of money rural telecommunications loans, -and for loans made pursuant to section 306 of that Act, rural -telecommunications loans, $690,000,000: Provided, That up to -$2,000,000,000 shall be used for the construction, acquisition, design -and engineering or improvement of fossil-fueled electric generating -plants (whether new or existing) that utilize carbon subsurface -utilization and storage systems. - For the cost of direct loans as authorized by section 305 of the -Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of -modifying loans, as defined in section 502 of the Congressional Budget -Act of 1974, cost of money rural telecommunications loans, $3,795,000. - In addition, for administrative expenses necessary to carry out the -direct and guaranteed loan programs, $33,270,000, which shall be -transferred to and merged with the appropriation for ``Rural -Development, Salaries and Expenses''. - - distance learning, telemedicine, and broadband program - - For the principal amount of broadband telecommunication loans, -$29,851,000 (reduced by $1,000,000) (increased by $1,000,000). - For grants for telemedicine and distance learning services in rural -areas, as authorized by 7 U.S.C. 950aaa et seq., $50,000,000 (increased -by $25,000,000), to remain available until expended: Provided, That -$3,000,000 shall be made available for grants authorized by 379G of the -Consolidated Farm and Rural Development Act: Provided further, That -funding provided under this heading for grants under 379G of the -Consolidated Farm and Rural Development Act may only be provided to -entities that meet all of the eligibility criteria for a consortium as -established by this section. - For the cost of broadband loans, as authorized by section 601 of -the Rural Electrification Act, $5,830,000, to remain available until -expended: Provided, That the cost of direct loans shall be as defined -in section 502 of the Congressional Budget Act of 1974. - In addition, $50,000,000 (increased by $5,000,000), to remain -available until expended, for a grant program to finance broadband -transmission in rural areas eligible for Distance Learning and -Telemedicine Program benefits authorized by 7 U.S.C. 950aaa et seq. - - TITLE IV - - DOMESTIC FOOD PROGRAMS - - Office of the Under Secretary for Food, Nutrition, and Consumer - Services - - For necessary expenses of the Office of the Under Secretary for -Food, Nutrition, and Consumer Services, $800,000: Provided, That funds -made available by this Act to an agency in the Food, Nutrition and -Consumer Services mission area for salaries and expenses are available -to fund up to one administrative support staff for the Office. - - Food and Nutrition Service - - child nutrition programs - - (including transfers of funds) - - For necessary expenses to carry out the Richard B. Russell National -School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the -Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections -17 and 21; $24,040,885,000 (increased by $2,000,000) (reduced by -$2,000,000) (increased by $200,000) (increased by $500,000) to remain -available through September 30, 2021, of which such sums as are made -available under section 14222(b)(1) of the Food, Conservation, and -Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall -be merged with and available for the same time period and purposes as -provided herein: Provided, That of the total amount available, -$18,004,000 shall be available to carry out section 19 of the Child -Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further, That -of the total amount available, $35,000,000 shall be available to -provide competitive grants to State agencies for subgrants to local -educational agencies and schools to purchase the equipment, with a -value of greater than $1,000, needed to serve healthier meals, improve -food safety, and to help support the establishment, maintenance, or -expansion of the school breakfast program: Provided further, That of -the total amount available, $50,000,000 shall remain available until -expended to carry out section 749(g) of the Agriculture Appropriations -Act of 2010 (Public Law 111-80): Provided further, That section 26(d) -of the Richard B. Russell National School Lunch Act (42 U.S.C. -1769g(d)) is amended in the first sentence by striking ``2010 through -2019'' and inserting ``2010 through 2021'': Provided further, That -section 9(h)(3) of the Richard B. Russell National School Lunch Act (42 -U.S.C. 1758(h)(3)) is amended by striking ``For fiscal year 2019'' and -inserting ``For fiscal years 2020 and 2021'': Provided further, That -section 9(h)(4) of the Richard B. Russell National School Lunch Act (42 -U.S.C. 1758(h)(4)) is amended by striking ``For fiscal year 2019'' and -inserting ``For fiscal years 2020 and 2021''. - -special supplemental nutrition program for women, infants, and children - (wic) - - For necessary expenses to carry out the special supplemental -nutrition program as authorized by section 17 of the Child Nutrition -Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available -through September 30, 2021: Provided, That notwithstanding section -17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), -not less than $90,000,000 shall be used for breastfeeding peer -counselors and other related activities, and $14,000,000 shall be used -for infrastructure: Provided further, That none of the funds provided -in this account shall be available for the purchase of infant formula -except in accordance with the cost containment and competitive bidding -requirements specified in section 17 of such Act: Provided further, -That none of the funds provided shall be available for activities that -are not fully reimbursed by other Federal Government departments or -agencies unless authorized by section 17 of such Act: Provided -further, That upon termination of a federally mandated vendor -moratorium and subject to terms and conditions established by the -Secretary, the Secretary may waive the requirement at 7 CFR -246.12(g)(6) at the request of a State agency. - - supplemental nutrition assistance program - - For necessary expenses to carry out the Food and Nutrition Act of -2008 (7 U.S.C. 2011 et seq.), $71,093,908,000, of which $5,000,000,000 -(reduced by $10,000,000) (increased by $10,000,000), to remain -available through December 31, 2021, shall be placed in reserve for use -only in such amounts and at such times as may become necessary to carry -out program operations: Provided, That funds provided herein shall be -expended in accordance with section 16 of the Food and Nutrition Act of -2008: Provided further, That of the funds made available under this -heading, $998,000 may be used to provide nutrition education services -to State agencies and Federally Recognized Tribes participating in the -Food Distribution Program on Indian Reservations: Provided further, -That this appropriation shall be subject to any work registration or -workfare requirements as may be required by law: Provided further, -That funds made available for Employment and Training under this -heading shall remain available through September 30, 2021: Provided -further, That funds made available under this heading for section -28(d)(1), section 4(b), and section 27(a) of the Food and Nutrition Act -of 2008 shall remain available through September 30, 2021: Provided -further, That none of the funds made available under this heading may -be obligated or expended in contravention of section 213A of the -Immigration and Nationality Act (8 U.S.C. 1183A): Provided further, -That funds made available under this heading may be used to enter into -contracts and employ staff to conduct studies, evaluations, or to -conduct activities related to program integrity provided that such -activities are authorized by the Food and Nutrition Act of 2008. - - commodity assistance program - - For necessary expenses to carry out disaster assistance and the -Commodity Supplemental Food Program as authorized by section 4(a) of -the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c -note); the Emergency Food Assistance Act of 1983; special assistance -for the nuclear affected islands, as authorized by section 103(f)(2) of -the Compact of Free Association Amendments Act of 2003 (Public Law 108- -188); and the Farmers' Market Nutrition Program, as authorized by -section 17(m) of the Child Nutrition Act of 1966, $344,248,000, to -remain available through September 30, 2021: Provided, That none of -these funds shall be available to reimburse the Commodity Credit -Corporation for commodities donated to the program: Provided further, -That notwithstanding any other provision of law, effective with funds -made available in fiscal year 2020 to support the Seniors Farmers' -Market Nutrition Program, as authorized by section 4402 of the Farm -Security and Rural Investment Act of 2002, such funds shall remain -available through September 30, 2021: Provided further, That of the -funds made available under section 27(a) of the Food and Nutrition Act -of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 15 percent for -costs associated with the distribution of commodities. - - nutrition programs administration - - For necessary administrative expenses of the Food and Nutrition -Service for carrying out any domestic nutrition assistance program, -$154,041,000: Provided, That of the funds provided herein, $2,000,000 -shall be used for the purposes of section 4404 of Public Law 107-171, -as amended by section 4401 of Public Law 110-246. - - TITLE V - - FOREIGN ASSISTANCE AND RELATED PROGRAMS - - Office of the Under Secretary for Trade and Foreign Agricultural - Affairs - - For necessary expenses of the Office of the Under Secretary for -Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds -made available by this Act to an agency in the Trade and Foreign -Agricultural Affairs mission area for salaries and expenses are -available to fund up to one administrative support staff for the -Office. - - office of codex alimentarius - - For necessary expenses of the Office of Codex Alimentarius, -$4,775,000, including not to exceed $40,000 for official reception and -representation expenses. - - Foreign Agricultural Service - - salaries and expenses - - (including transfers of funds) - - For necessary expenses of the Foreign Agricultural Service, -including not to exceed $250,000 for representation allowances and for -expenses pursuant to section 8 of the Act approved August 3, 1956 (7 -U.S.C. 1766), $215,513,000, of which no more than 6 percent shall -remain available until September 30, 2021, for overseas operations to -include the payment of locally employed staff: Provided, That the -Service may utilize advances of funds, or reimburse this appropriation -for expenditures made on behalf of Federal agencies, public and private -organizations and institutions under agreements executed pursuant to -the agricultural food production assistance programs (7 U.S.C. 1737) -and the foreign assistance programs of the United States Agency for -International Development: Provided further, That funds made available -for middle-income country training programs, funds made available for -the Borlaug International Agricultural Science and Technology -Fellowship program, and up to $2,000,000 of the Foreign Agricultural -Service appropriation solely for the purpose of offsetting fluctuations -in international currency exchange rates, subject to documentation by -the Foreign Agricultural Service, shall remain available until -expended. - - food for peace title i direct credit and food for progress program - account - - (including transfer of funds) - - For administrative expenses to carry out the credit program of -title I, Food for Peace Act (Public Law 83-480) and the Food for -Progress Act of 1985, $142,000, shall be transferred to and merged with -the appropriation for ``Farm Service Agency, Salaries and Expenses''. - - food for peace title ii grants - - For expenses during the current fiscal year, not otherwise -recoverable, and unrecovered prior years' costs, including interest -thereon, under the Food for Peace Act (Public Law 83-480), for -commodities supplied in connection with dispositions abroad under title -II of said Act, $1,850,000,000, to remain available until expended. - - mcgovern-dole international food for education and child nutrition - program grants - - For necessary expenses to carry out the provisions of section 3107 -of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o- -1), $235,000,000, to remain available until expended: Provided, That -the Commodity Credit Corporation is authorized to provide the services, -facilities, and authorities for the purpose of implementing such -section, subject to reimbursement from amounts provided herein: -Provided further, That of the amount made available under this heading, -$25,000,000, shall remain available until expended to purchase -agricultural commodities as described in subsection 3107(a)(2) of the -Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o- -1(a)(2)). - - commodity credit corporation export (loans) credit guarantee program - account - - (including transfers of funds) - - For administrative expenses to carry out the Commodity Credit -Corporation's Export Guarantee Program, GSM 102 and GSM 103, -$8,845,000, to cover common overhead expenses as permitted by section -11 of the Commodity Credit Corporation Charter Act and in conformity -with the Federal Credit Reform Act of 1990, of which $6,382,000 shall -be transferred to and merged with the appropriation for ``Foreign -Agricultural Service, Salaries and Expenses'', and of which $2,463,000 -shall be transferred to and merged with the appropriation for ``Farm -Service Agency, Salaries and Expenses''. - - TITLE VI - - RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION - - Department of Health and Human Services - - food and drug administration - - salaries and expenses - - For necessary expenses of the Food and Drug Administration, -including hire and purchase of passenger motor vehicles; for payment of -space rental and related costs pursuant to Public Law 92-313 for -programs and activities of the Food and Drug Administration which are -included in this Act; for rental of special purpose space in the -District of Columbia or elsewhere; in addition to amounts appropriated -to the FDA Innovation Account, for carrying out the activities -described in section 1002(b)(4) of the 21st Century Cures Act (Public -Law 114-255); for miscellaneous and emergency expenses of enforcement -activities, authorized and approved by the Secretary and to be -accounted for solely on the Secretary's certificate, not to exceed -$25,000; and notwithstanding section 521 of Public Law 107-188; -$5,848,357,000 (increased by $100,000) (reduced by $100,000) : -Provided, That of the amount provided under this heading, -$1,062,367,000 shall be derived from prescription drug user fees -authorized by 21 U.S.C. 379h, and shall be credited to this account and -remain available until expended; $219,527,000 shall be derived from -medical device user fees authorized by 21 U.S.C. 379j, and shall be -credited to this account and remain available until expended; -$511,682,000 shall be derived from human generic drug user fees -authorized by 21 U.S.C. 379j-42, and shall be credited to this account -and remain available until expended; $39,618,000 shall be derived from -biosimilar biological product user fees authorized by 21 U.S.C. 379j- -52, and shall be credited to this account and remain available until -expended; $30,524,000 shall be derived from animal drug user fees -authorized by 21 U.S.C. 379j-12, and shall be credited to this account -and remain available until expended; $18,700,000 shall be derived from -generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and -shall be credited to this account and remain available until expended; -$712,000,000 shall be derived from tobacco product user fees authorized -by 21 U.S.C. 387s, and shall be credited to this account and remain -available until expended: Provided further, That in addition to and -notwithstanding any other provision under this heading, amounts -collected for prescription drug user fees, medical device user fees, -human generic drug user fees, biosimilar biological product user fees, -animal drug user fees, and generic new animal drug user fees that -exceed the respective fiscal year 2020 limitations are appropriated and -shall be credited to this account and remain available until expended: -Provided further, That fees derived from prescription drug, medical -device, human generic drug, biosimilar biological product, animal drug, -and generic new animal drug assessments for fiscal year 2020, including -any such fees collected prior to fiscal year 2020 but credited for -fiscal year 2020, shall be subject to the fiscal year 2020 limitations: - Provided further, That the Secretary may accept payment during fiscal -year 2020 of user fees specified under this heading and authorized for -fiscal year 2021, prior to the due date for such fees, and that amounts -of such fees assessed for fiscal year 2021 for which the Secretary -accepts payment in fiscal year 2020 shall not be included in amounts -under this heading: Provided further, That none of these funds shall -be used to develop, establish, or operate any program of user fees -authorized by 31 U.S.C. 9701: Provided further, That of the total -amount appropriated: (1) $1,100,560,000 shall be for the Center for -Food Safety and Applied Nutrition and related field activities in the -Office of Regulatory Affairs, of which no less than $15,000,000 shall -be used for inspections of foreign seafood manufacturers and field -examinations of imported seafood; (2) $1,978,674,000 shall be for the -Center for Drug Evaluation and Research and related field activities in -the Office of Regulatory Affairs; (3) $431,561,000 shall be for the -Center for Biologics Evaluation and Research and for related field -activities in the Office of Regulatory Affairs; (4) $242,558,000 shall -be for the Center for Veterinary Medicine and for related field -activities in the Office of Regulatory Affairs; (5) $606,469,000 shall -be for the Center for Devices and Radiological Health and for related -field activities in the Office of Regulatory Affairs; (6) $66,512,000 -shall be for the National Center for Toxicological Research; (7) -$661,739,000 shall be for the Center for Tobacco Products and for -related field activities in the Office of Regulatory Affairs; (8) -$191,800,000 shall be for Rent and Related activities, of which -$56,043,000 is for White Oak Consolidation, other than the amounts paid -to the General Services Administration for rent; (9) $240,079,000 shall -be for payments to the General Services Administration for rent; and -(10) $328,405,000 shall be for other activities, including the Office -of the Commissioner of Food and Drugs, the Office of Foods and -Veterinary Medicine, the Office of Medical and Tobacco Products, the -Office of Global and Regulatory Policy, the Office of Operations, the -Office of the Chief Scientist, and central services for these offices: -Provided further, That not to exceed $25,000 of this amount shall be -for official reception and representation expenses, not otherwise -provided for, as determined by the Commissioner: Provided further, -That any transfer of funds pursuant to section 770(n) of the Federal -Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from -amounts made available under this heading for other activities: -Provided further, That funds may be transferred from one specified -activity to another with the prior approval of the Committees on -Appropriations of both Houses of Congress. - In addition, mammography user fees authorized by 42 U.S.C. 263b, -export certification user fees authorized by 21 U.S.C. 381, priority -review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed -recall fees, food reinspection fees, and voluntary qualified importer -program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees -authorized by 21 U.S.C. 379j-62, prescription drug wholesale -distributor licensing and inspection fees authorized by 21 U.S.C. -353(e)(3), third-party logistics provider licensing and inspection fees -authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees -authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority -review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and, -contingent upon the enactment of the Over-the-Counter Monograph User -Fee Act of 2019, fees relating to over-the-counter monograph drugs -authorized by part 10 of subchapter C of chapter VII of the Federal -Food, Drug and Cosmetic Act shall be credited to this account, to -remain available until expended. - - buildings and facilities - - For plans, construction, repair, improvement, extension, -alteration, demolition, and purchase of fixed equipment or facilities -of or used by the Food and Drug Administration, where not otherwise -provided, $11,788,000, to remain available until expended. - - fda innovation account, cures act - - (including transfer of funds) - - For necessary expenses to carry out the purposes described under -section 1002(b)(4) of the 21st Century Cures Act, in addition to -amounts available for such purposes under the heading ``Salaries and -Expenses'', $75,000,000, to remain available until expended: Provided, -That amounts appropriated in this paragraph are appropriated pursuant -to section 1002(b)(3) of the 21st Century Cures Act, are to be derived -from amounts transferred under section 1002(b)(2)(A) of such Act, and -may be transferred by the Commissioner of Food and Drugs to the -appropriation for ``Department of Health and Human Services Food and -Drug Administration Salaries and Expenses'' solely for the purposes -provided in such Act: Provided further, That upon a determination by -the Commissioner that funds transferred pursuant to the previous -proviso are not necessary for the purposes provided, such amounts may -be transferred back to the account: Provided further, That such -transfer authority is in addition to any other transfer authority -provided by law. - - INDEPENDENT AGENCIES - - Commodity Futures Trading Commission - - For necessary expenses to carry out the provisions of the Commodity -Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of -passenger motor vehicles, and the rental of space (to include multiple -year leases), in the District of Columbia and elsewhere, $284,000,000, -including not to exceed $3,000 for official reception and -representation expenses, and not to exceed $25,000 for the expenses for -consultations and meetings hosted by the Commission with foreign -governmental and other regulatory officials, of which not less than -$57,000,000, to remain available until September 30, 2021, shall be for -the purchase of information technology and of which not less than -$3,386,000 shall be for expenses of the Office of the Inspector -General: Provided, That notwithstanding the limitations in 31 U.S.C. -1553, amounts provided under this heading are available for the -liquidation of obligations equal to current year payments on leases -entered into prior to the date of enactment of this Act: Provided -further, That for the purpose of recording and liquidating any lease -obligations that should have been recorded and liquidated against -accounts closed pursuant to 31 U.S.C. 1552, and consistent with the -preceding proviso, such amounts shall be transferred to and recorded in -a no-year account in the Treasury, which has been established for the -sole purpose of recording adjustments for and liquidating such unpaid -obligations. - In addition, for move, replication, and related costs associated -with replacement leases for the Commission's facilities, not to exceed -$31,000,000, to remain available until expended. - - Farm Credit Administration - - limitation on administrative expenses - - Not to exceed $76,000,000 (from assessments collected from farm -credit institutions, including the Federal Agricultural Mortgage -Corporation) shall be obligated during the current fiscal year for -administrative expenses as authorized under 12 U.S.C. 2249: Provided, -That this limitation shall not apply to expenses associated with -receiverships: Provided further, That the agency may exceed this -limitation by up to 10 percent with notification to the Committees on -Appropriations of both Houses of Congress. - - TITLE VII - - GENERAL PROVISIONS - - (including rescissions and transfers of funds) - - Sec. 701. The Secretary may use any appropriations made available -to the Department of Agriculture in this Act to purchase new passenger -motor vehicles, in addition to specific appropriations for this -purpose, so long as the total number of vehicles purchased in fiscal -year 2020 does not exceed the number of vehicles owned or leased in -fiscal year 2018: Provided, That, prior to purchasing additional motor -vehicles, the Secretary must determine that such vehicles are necessary -for transportation safety, to reduce operational costs, and for the -protection of life, property, and public safety: Provided further, -That the Secretary may not increase the Department of Agriculture's -fleet above the 2018 level unless the Secretary notifies in writing, -and receives approval from, the Committees on Appropriations of both -Houses of Congress within 30 days of the notification. - Sec. 702. Notwithstanding any other provision of this Act, the -Secretary of Agriculture may transfer unobligated balances of -discretionary funds appropriated by this Act or any other available -unobligated discretionary balances that are remaining available of the -Department of Agriculture to the Working Capital Fund for the -acquisition of plant and capital equipment necessary for the delivery -of financial, administrative, and information technology services of -primary benefit to the agencies of the Department of Agriculture, such -transferred funds to remain available until expended: Provided, That -none of the funds made available by this Act or any other Act shall be -transferred to the Working Capital Fund without the prior approval of -the agency administrator: Provided further, That none of the funds -transferred to the Working Capital Fund pursuant to this section shall -be available for obligation without written notification to and the -prior approval of the Committees on Appropriations of both Houses of -Congress: Provided further, That none of the funds appropriated by -this Act or made available to the Department's Working Capital Fund -shall be available for obligation or expenditure to make any changes to -the Department's National Finance Center without written notification -to and prior approval of the Committees on Appropriations of both -Houses of Congress at least 30 days in advance of such changes: -Provided further, That none of the funds appropriated by this Act or -made available to the Department's Working Capital Fund shall be -available for obligation or expenditure to initiate, plan, develop, -implement, or make any changes to remove or relocate any systems, -missions, or functions of the offices of the Chief Financial Officer or -any personnel from the National Finance Center prior to written -notification to and prior approval of the Committee on Appropriations -of both Houses of Congress at least 30 days in advance of such actions: - Provided further, That the Secretary of Agriculture and the offices of -the Chief Financial Officer shall actively market to existing and new -Departments and other government agencies National Finance Center -shared services including, but not limited to, payroll, financial -management, and human capital shared services and allow the National -Finance Center to perform technology upgrades: Provided further, That -of annual income amounts in the Working Capital Fund of the Department -of Agriculture attributable to the amounts in excess of the true costs -of the shared services provided by the National Finance Center and -budgeted for the National Finance Center, the Secretary shall reserve -not more than 4 percent for the replacement or acquisition of capital -equipment, including equipment for the improvement, delivery, and -implementation of financial, administrative, and information technology -services, and other systems of the National Finance Center or to pay -any unforeseen, extraordinary cost of the National Finance Center: -Provided further, That none of the amounts reserved shall be available -for obligation unless the Secretary submits written notification of the -obligation to the Committees on Appropriations of both Houses of -Congress: Provided further, That the limitations on the obligation of -funds pending notification to Congressional Committees shall not apply -to any obligation that, as determined by the Secretary, is necessary to -respond to a declared state of emergency that significantly impacts the -operations of the National Finance Center; or to evacuate employees of -the National Finance Center to a safe haven to continue operations of -the National Finance Center. - Sec. 703. No part of any appropriation contained in this Act shall -remain available for obligation beyond the current fiscal year unless -expressly so provided herein. - Sec. 704. No funds appropriated by this Act may be used to pay -negotiated indirect cost rates on cooperative agreements or similar -arrangements between the United States Department of Agriculture and -nonprofit institutions in excess of 10 percent of the total direct cost -of the agreement when the purpose of such cooperative arrangements is -to carry out programs of mutual interest between the two parties. This -does not preclude appropriate payment of indirect costs on grants and -contracts with such institutions when such indirect costs are computed -on a similar basis for all agencies for which appropriations are -provided in this Act. - Sec. 705. Appropriations to the Department of Agriculture for the -cost of direct and guaranteed loans made available in the current -fiscal year shall remain available until expended to disburse -obligations made in the current fiscal year for the following accounts: -the Rural Development Loan Fund program account, the Rural -Electrification and Telecommunication Loans program account, and the -Rural Housing Insurance Fund program account. - Sec. 706. None of the funds made available to the Department of -Agriculture by this Act may be used to acquire new information -technology systems or significant upgrades, as determined by the Office -of the Chief Information Officer, without the approval of the Chief -Information Officer and the concurrence of the Executive Information -Technology Investment Review Board: Provided, That notwithstanding any -other provision of law, none of the funds appropriated or otherwise -made available by this Act may be transferred to the Office of the -Chief Information Officer without written notification to and the prior -approval of the Committees on Appropriations of both Houses of -Congress: Provided further, That, notwithstanding section 11319 of -title 40, United States Code, none of the funds available to the -Department of Agriculture for information technology shall be obligated -for projects, contracts, or other agreements over $25,000 prior to -receipt of written approval by the Chief Information Officer: Provided -further, That the Chief Information Officer may authorize an agency to -obligate funds without written approval from the Chief Information -Officer for projects, contracts, or other agreements up to $250,000 -based upon the performance of an agency measured against the -performance plan requirements described in the explanatory statement -accompanying Public Law 113-235. - Sec. 707. Funds made available under section 524(b) of the Federal -Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall -remain available until expended to disburse obligations made in the -current fiscal year. - Sec. 708. Notwithstanding any other provision of law, any former -RUS borrower that has repaid or prepaid an insured, direct or -guaranteed loan under the Rural Electrification Act of 1936, or any -not-for-profit utility that is eligible to receive an insured or direct -loan under such Act, shall be eligible for assistance under section -313B(a) of such Act in the same manner as a borrower under such Act. - Sec. 709. (a) Except as otherwise specifically provided by law, not -more than $20,000,000 in unobligated balances from appropriations made -available for salaries and expenses in this Act for the Farm Service -Agency shall remain available through September 30, 2021, for -information technology expenses. - (b) Except as otherwise specifically provided by law, not more than -$20,000,000 in unobligated balances from appropriations made available -for salaries and expenses in this Act for the Rural Development mission -area shall remain available through September 30, 2021, for information -technology expenses. - Sec. 710. None of the funds appropriated or otherwise made -available by this Act may be used for first-class travel by the -employees of agencies funded by this Act in contravention of sections -301-10.122 through 301-10.124 of title 41, Code of Federal Regulations. - Sec. 711. In the case of each program established or amended by -the Agricultural Act of 2014 (Public Law 113-79) or by a successor to -that Act, other than by title I or subtitle A of title III of such Act, -or programs for which indefinite amounts were provided in that Act, -that is authorized or required to be carried out using funds of the -Commodity Credit Corporation-- - (1) such funds shall be available for salaries and related - administrative expenses, including technical assistance, - associated with the implementation of the program, without - regard to the limitation on the total amount of allotments and - fund transfers contained in section 11 of the Commodity Credit - Corporation Charter Act (15 U.S.C. 714i); and - (2) the use of such funds for such purpose shall not be - considered to be a fund transfer or allotment for purposes of - applying the limitation on the total amount of allotments and - fund transfers contained in such section. - Sec. 712. Of the funds made available by this Act, not more than -$2,900,000 shall be used to cover necessary expenses of activities -related to all advisory committees, panels, commissions, and task -forces of the Department of Agriculture, except for panels used to -comply with negotiated rule makings and panels used to evaluate -competitively awarded grants. - Sec. 713. (a) None of the funds made available in this Act may be -used to maintain or establish a computer network unless such network -blocks the viewing, downloading, and exchanging of pornography. - (b) Nothing in subsection (a) shall limit the use of funds -necessary for any Federal, State, tribal, or local law enforcement -agency or any other entity carrying out criminal investigations, -prosecution, or adjudication activities. - Sec. 714. Notwithstanding subsection (b) of section 14222 of -Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as -``section 14222''), none of the funds appropriated or otherwise made -available by this or any other Act shall be used to pay the salaries -and expenses of personnel to carry out a program under section 32 of -the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to -as ``section 32'') in excess of $1,404,000,000 (exclusive of carryover -appropriations from prior fiscal years), as follows: Child Nutrition -Programs Entitlement Commodities--$485,000,000; State Option -Contracts-- $5,000,000; Removal of Defective Commodities-- $2,500,000; -Administration of Section 32 Commodity Purchases--$35,853,000: -Provided, That of the total funds made available in the matter -preceding this proviso that remain unobligated on October 1, 2020, such -unobligated balances shall carryover into fiscal year 2021 and shall -remain available until expended for any of the purposes of section 32, -except that any such carryover funds used in accordance with clause (3) -of section 32 may not exceed $350,000,000 and may not be obligated -until the Secretary of Agriculture provides written notification of the -expenditures to the Committees on Appropriations of both Houses of -Congress at least two weeks in advance: Provided further, That, with -the exception of any available carryover funds authorized in any prior -appropriations Act to be used for the purposes of clause (3) of section -32, none of the funds appropriated or otherwise made available by this -or any other Act shall be used to pay the salaries or expenses of any -employee of the Department of Agriculture to carry out clause (3) of -section 32. - Sec. 715. None of the funds appropriated by this or any other Act -shall be used to pay the salaries and expenses of personnel who prepare -or submit appropriations language as part of the President's budget -submission to the Congress for programs under the jurisdiction of the -Appropriations Subcommittees on Agriculture, Rural Development, Food -and Drug Administration, and Related Agencies that assumes revenues or -reflects a reduction from the previous year due to user fees proposals -that have not been enacted into law prior to the submission of the -budget unless such budget submission identifies which additional -spending reductions should occur in the event the user fees proposals -are not enacted prior to the date of the convening of a committee of -conference for the fiscal year 2021 appropriations Act. - Sec. 716. (a) None of the funds provided by this Act, or provided -by previous appropriations Acts to the Department of Agriculture that -remain available for obligation or expenditure in the current fiscal -year, or provided from any accounts in the Treasury derived by the -collection of fees available to the Department of Agriculture, shall be -available for obligation or expenditure through transfer of funds, or -reimbursements as authorized by the Economy Act, or through use of the -authority provided by section 702(b) of the Department of Agriculture -Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 -(7 U.S.C. 2263), that-- - (1) creates new programs; - (2) eliminates a program, project, or activity; - (3) increases funds or personnel by any means for any - project or activity for which funds have been denied or - restricted; - (4) relocates an office or employees; - (5) reorganizes offices, programs, or activities; or - (6) contracts out or privatizes any functions or activities - presently performed by Federal employees. - (b) None of the funds provided by this Act, or provided by previous -appropriations Acts to the Department of Agriculture that remain -available for obligation or expenditure in the current fiscal year, or -provided from any accounts in the Treasury derived by the collection of -fees available to the Department of Agriculture, shall be available for -obligation or expenditure for activities, programs, or projects through -use of the authorities referred to in subsection (a) involving funds in -excess of $500,000 or 10 percent, whichever is less, that-- - (1) augments existing programs, projects, or activities; - (2) reduces by 10 percent funding for any existing program, - project, or activity, or numbers of personnel by 10 percent as - approved by Congress; or - (3) results from any general savings from a reduction in - personnel which would result in a change in existing programs, - projects, or activities as approved by Congress. - (c) The Secretary of Agriculture may not implement any program, -project, or activity not carried out during the previous fiscal year -unless the program, project, or activity is funded by this Act or -specifically funded by any other Act. - (d) None of the funds provided by this Act, or provided by previous -appropriations Acts to the Department of Agriculture that remain -available for obligation or expenditure in the current fiscal year, or -provided from any accounts in the Treasury derived by the collection of -fees available to the Department of Agriculture shall be available -for-- - (1) modifying major capital investments funding levels, - including information technology systems, that involves - increasing or decreasing funds in the current fiscal year for - the individual investment in excess of $500,000 or 10 percent - of the total cost, whichever is less; or - (2) realigning or reorganizing new, current, or vacant - positions or agency activities or functions to establish a - center, office, branch, or similar entity with five or more - personnel. - Sec. 717. (a) None of the funds provided by this Act, or provided -by previous appropriations Acts to the Food and Drug Administration or -the Commodity Futures Trading Commission that remain available for -obligation or expenditure in the current fiscal year, or provided from -any accounts in the Treasury derived by the collection of fees -available to those agencies, shall be available for obligation or -expenditure through a reprogramming, or a transfer of funds, that-- - (1) creates new programs; - (2) eliminates a program, project, or activity; - (3) increases funds or personnel by any means for any - project or activity for which funds have been denied or - restricted; - (4) relocates an office or employees; - (5) reorganizes offices, programs, or activities; or - (6) contracts out or privatizes any functions or activities - presently performed by Federal employees; -unless the Secretary of Health and Human Services or the Chairman of -the Commodity Futures Trading Commission (as the case may be) notifies -in writing, and receives approval from, the Committees on -Appropriations of both Houses of Congress at least 30 days in advance -of the reprogramming of such funds or the use of such transfer -authority. - (b) None of the funds provided by this Act, or provided by previous -appropriations Acts to the Food and Drug Administration or the -Commodity Futures Trading Commission that remain available for -obligation or expenditure in the current fiscal year, or provided from -any accounts in the Treasury derived by the collection of fees -available to those agencies, shall be available for obligation or -expenditure for programs, projects, or activities through a -reprogramming or use of the transfer authority referred to in -subsection (a) involving funds in excess of $500,000 or 10 percent, -whichever is less, that-- - (1) augments existing programs, projects, or activities; - (2) reduces by 10 percent funding for any existing program, - project, or activity, or numbers of personnel by 10 percent as - approved by Congress; or - (3) results from any general savings from a reduction in - personnel which would result in a change in existing programs, - projects, or activities as approved by Congress; -unless the Secretary of Health and Human Services or the Chairman of -the Commodity Futures Trading Commission (as the case may be) notifies -in writing, and receives approval from, the Committees on -Appropriations of both Houses of Congress at least 30 days in advance -of the reprogramming of such funds or the use of such transfer -authority. - (c) The Secretary of Health and Human Services or the Chairman of -the Commodity Futures Trading Commission (as the case may be) shall -notify in writing and receive approval from the Committees on -Appropriations of both Houses of Congress before implementing any -program, project, or activity not carried out during the previous -fiscal year unless the program, project, or activity is funded by this -Act or specifically funded by any other Act. - (d) None of the funds provided by this Act, or provided by previous -appropriations Acts to the Food and Drug Administration or the -Commodity Futures Trading Commission (as the case may be) that remain -available for obligation or expenditure in the current fiscal year, or -provided from any accounts in the Treasury derived by the collection of -fees available to those agencies, shall be available for-- - (1) modifying major capital investments funding levels, - including information technology systems, that involves - increasing or decreasing funds in the current fiscal year for - the individual investment in excess of $500,000 or 10 percent - of the total cost, whichever is less; - (2) realigning or reorganizing new, current, or vacant - positions or agency activities or functions to establish a - center, office, branch, or similar entity with five or more - personnel; or - (3) carrying out activities or functions that were not - described in the budget request; -unless the Secretary of Health and Human Services or the Chairman of -the Commodity Futures Trading Commission (as the case may be) notifies -in writing, and receives approval from, the Committees on -Appropriations of both Houses of Congress at least 30 days in advance -of using the funds for these purposes. - (e) As described in this section, no funds may be used for any -activities unless the Secretary of Health and Human Services or the -Chairman of the Commodity Futures Trading Commission (as the case may -be) receives from the Committee on Appropriations of both Houses of -Congress written or electronic mail confirmation of receipt of the -notification as required in this section. - Sec. 718. Notwithstanding section 310B(g)(5) of the Consolidated -Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may -assess a one-time fee for any guaranteed business and industry loan in -an amount that does not exceed 3 percent of the guaranteed principal -portion of the loan. - Sec. 719. None of the funds appropriated or otherwise made -available to the Department of Agriculture, the Food and Drug -Administration, the Commodity Futures Trading Commission, or the Farm -Credit Administration shall be used to transmit or otherwise make -available reports, questions, or responses to questions that are a -result of information requested for the appropriations hearing process -to any non-Department of Agriculture, non-Department of Health and -Human Services, non-Commodity Futures Trading Commission, or non-Farm -Credit Administration employee. - Sec. 720. Unless otherwise authorized by existing law, none of the -funds provided in this Act, may be used by an executive branch agency -to produce any prepackaged news story intended for broadcast or -distribution in the United States unless the story includes a clear -notification within the text or audio of the prepackaged news story -that the prepackaged news story was prepared or funded by that -executive branch agency. - Sec. 721. No employee of the Department of Agriculture may be -detailed or assigned from an agency or office funded by this Act or any -other Act to any other agency or office of the Department for more than -60 days in a fiscal year unless the individual's employing agency or -office is fully reimbursed by the receiving agency or office for the -salary and expenses of the employee for the period of assignment. - Sec. 722. For the purposes of determining eligibility or level of -program assistance for Rural Development programs the Secretary shall -not include incarcerated prison populations. - Sec. 723. Not later than 30 days after the date of enactment of -this Act, the Secretary of Agriculture, the Commissioner of the Food -and Drug Administration, the Chairman of the Commodity Futures Trading -Commission, and the Chairman of the Farm Credit Administration shall -submit to the Committees on Appropriations of both Houses of Congress a -detailed spending plan by program, project, and activity for all the -funds made available under this Act including appropriated user fees, -as defined in the joint explanatory statement accompanying this Act. - Sec. 724. Of the unobligated balances from amounts made available -for the supplemental nutrition program as authorized by section 17 of -the Child Nutrition Act of 1966 (42 U.S.C. 1786), $800,000,000 are -hereby rescinded. - Sec. 725. The Secretary shall continue an intermediary loan -packaging program based on the pilot program in effect for fiscal year -2013 for packaging and reviewing section 502 single family direct -loans. The Secretary shall continue agreements with current -intermediary organizations and with additional qualified intermediary -organizations. The Secretary shall work with these organizations to -increase effectiveness of the section 502 single family direct loan -program in rural communities and shall set aside and make available -from the national reserve section 502 loans an amount necessary to -support the work of such intermediaries and provide a priority for -review of such loans. - Sec. 726. For loans and loan guarantees that do not require budget -authority and the program level has been established in this Act, the -Secretary of Agriculture may increase the program level for such loans -and loan guarantees by not more than 25 percent: Provided, That prior -to the Secretary implementing such an increase, the Secretary notifies, -in writing, the Committees on Appropriations of both Houses of Congress -at least 15 days in advance. - Sec. 727. None of the credit card refunds or rebates transferred -to the Working Capital Fund pursuant to section 729 of the Agriculture, -Rural Development, Food and Drug Administration, and Related Agencies -Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be -available for obligation without written notification to, and the prior -approval of, the Committees on Appropriations of both Houses of -Congress: Provided, That the refunds or rebates so transferred shall -be available for obligation only for the acquisition of plant and -capital equipment necessary for the delivery of financial, -administrative, and information technology services of primary benefit -to the agencies of the Department of Agriculture. - Sec. 728. None of the funds made available by this Act may be used -to implement, administer, or enforce the ``variety'' requirements of -the final rule entitled ``Enhancing Retailer Standards in the -Supplemental Nutrition Assistance Program (SNAP)'' published by the -Department of Agriculture in the Federal Register on December 15, 2016 -(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the -definition of the term ``variety'' as de fined in section -278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and -``variety'' as applied in the definition of the term ``staple food'' as -defined in section 271.2 of title 7, Code of Federal Regulations, to -increase the number of items that qualify as acceptable varieties in -each staple food category so that the total number of such items in -each staple food category exceeds the number of such items in each -staple food category included in the final rule as published on -December 15, 2016: Provided, That until the Secretary promulgates such -regulatory amendments, the Secretary shall apply the requirements -regarding acceptable varieties and breadth of stock to Supplemental -Nutrition Assistance Program retailers that were in effect on the day -before the date of the enactment of the Agricultural Act of 2014 -(Public Law 113-79). - Sec. 729. In carrying out subsection (h) of section 502 of the -Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture -shall have the same authority with respect to loans guaranteed under -such section and eligible lenders for such loans as the Secretary has -under subsections (h) and (j) of section 538 of such Act (42 U.S.C. -1490p-2) with respect to loans guaranteed under such section 538 and -eligible lenders for such loans. - Sec. 730. None of the funds made available by this Act may be used -to propose, promulgate, or implement any rule, or take any other action -with respect to, allowing or requiring information intended for a -prescribing health care professional, in the case of a drug or -biological product subject to section 503(b)(1) of the Federal Food, -Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such -professional electronically (in lieu of in paper form) unless and until -a Federal law is enacted to allow or require such distribution. - Sec. 731. None of the funds made available by this or any other -Act may be used to carry out the final rule promulgated by the Food and -Drug Administration and put into effect November 16, 2015, in regards -to the hazard analysis and risk-based preventive control requirements -of the current good manufacturing practice, hazard analysis, and risk- -based preventive controls for food for animals rule with respect to the -regulation of the production, distribution, sale, or receipt of dried -spent grain byproducts of the alcoholic beverage production process. - Sec. 732. Funds made available under title II of the Food for -Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide -assistance to recipient nations if adequate monitoring and controls, as -determined by the Administrator, are in place to ensure that emergency -food aid is received by the intended beneficiaries in areas affected by -food shortages and not diverted for unauthorized or inappropriate -purposes. - Sec. 733. There is hereby appropriated $15,000,000, to remain -available until expended, to carry out section 6407 of the Farm -Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, -That the Secretary may allow eligible entities, or comparable entities -that provide energy efficiency services using their own billing -mechanism to offer loans to customers in any part of their service -territory and to offer loans to replace a manufactured housing unit -with another manufactured housing unit, if replacement would be more -cost effective in saving energy. - Sec. 734. (a) The Secretary of Agriculture shall-- - (1) conduct audits in a manner that evaluates the following - factors in the country or region being audited, as applicable-- - (A) veterinary control and oversight; - (B) disease history and vaccination practices; - (C) livestock demographics and traceability; - (D) epidemiological separation from potential - sources of infection; - (E) surveillance practices; - (F) diagnostic laboratory capabilities; and - (G) emergency preparedness and response; and - (2) promptly make publicly available the final reports of - any audits or reviews conducted pursuant to subsection (1). - (b) This section shall be applied in a manner consistent with -United States obligations under its international trade agreements. - Sec. 735. No food that bears or contains partially hydrogenated -oils (as defined in the order published by the Food and Drug -Administration in the Federal Register on June 17, 2015 (80 Fed. Reg. -34650 et seq.)) shall be considered to be adulterated within the -meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of the -Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such -food contains such partially hydrogenated oils until the applicable -compliance dates specified by FDA in the Federal Register on May 21, -2018 (83 Fed. Reg. 23358 et seq.). - Sec. 736. None of the funds made available by this Act may be used -to carry out any activities or incur any expense related to the -issuance of licenses under section 3 of the Animal Welfare Act (7 -U.S.C. 2133), or the renewal of such licenses, to class B dealers who -sell dogs and cats for use in research, experiments, teaching, or -testing. - Sec. 737. (a)(1) No Federal funds made available for this fiscal -year for the rural water, waste water, waste disposal, and solid waste -management programs authorized by sections 306, 306A, 306C, 306D, 306E, -and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. -1926 et seq.) shall be used for a project for the construction, -alteration, maintenance, or repair of a public water or wastewater -system unless all of the iron and steel products used in the project -are produced in the United States. - (2) In this section, the term ``iron and steel products'' means the -following products made primarily of iron or steel: lined or unlined -pipes and fittings, manhole covers and other municipal castings, -hydrants, tanks, flanges, pipe clamps and restraints, valves, -structural steel, reinforced precast concrete, and construction -materials. - (b) Subsection (a) shall not apply in any case or category of cases -in which the Secretary of Agriculture (in this section referred to as -the ``Secretary'') or the designee of the Secretary finds that-- - (1) applying subsection (a) would be inconsistent with the - public interest; - (2) iron and steel products are not produced in the United - States in sufficient and reasonably available quantities or of - a satisfactory quality; or - (3) inclusion of iron and steel products produced in the - United States will increase the cost of the overall project by - more than 25 percent. - (c) If the Secretary or the designee receives a request for a -waiver under this section, the Secretary or the designee shall make -available to the public on an informal basis a copy of the request and -information available to the Secretary or the designee concerning the -request, and shall allow for informal public input on the request for -at least 15 days prior to making a finding based on the request. The -Secretary or the designee shall make the request and accompanying -information available by electronic means, including on the official -public Internet Web site of the Department. - (d) This section shall be applied in a manner consistent with -United States obligations under international agreements. - (e) The Secretary may retain up to 0.25 percent of the funds -appropriated in this Act for ``Rural Utilities Service--Rural Water and -Waste Disposal Program Account'' for carrying out the provisions -described in subsection (a)(1) for management and oversight of the -requirements of this section. - (f) Subsection (a) shall not apply with respect to a project for -which the engineering plans and specifications include use of iron and -steel products otherwise prohibited by such subsection if the plans and -specifications have received required approvals from State agencies -prior to the date of enactment of this Act. - (g) For purposes of this section, the terms ``United States'' and -``State'' shall include each of the several States, the District of -Columbia, and each federally recognized Indian tribe. - Sec. 738. None of the funds appropriated by this Act may be used -in any way, directly or indirectly, to influence congressional action -on any legislation or appropriation matters pending before Congress, -other than to communicate to Members of Congress as described in 18 -U.S.C. 1913. - Sec. 739. None of the funds made available by this Act may be used -to procure raw or processed poultry products imported into the United -States from the People's Republic of China for use in the school lunch -program under the Richard B. Russell National School Lunch Act (42 -U.S.C. 1751 et seq.), the Child and Adult Care Food Program under -section 17 of such Act (42 U.S.C. 1766), the Summer Food Service -Program for Children under section 13 of such Act (42 U.S.C. 1761), or -the school breakfast program under the Child Nutrition Act of 1966 (42 -U.S.C. 1771 et seq.). - Sec. 740. None of the funds made available by this Act may be used -to pay the salaries or expenses of personnel-- - (1) to inspect horses under section 3 of the Federal Meat - Inspection Act (21 U.S.C. 603); - (2) to inspect horses under section 903 of the Federal - Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 - note; Public Law 104-127); or - (3) to implement or enforce section 352.19 of title 9, Code - of Federal Regulations (or a successor regulation). - Sec. 741. Of the total amounts made available by this Act for -direct loans and grants in section 733 and in the following headings: -``Rural Housing Service--Rural Housing Insurance Fund Program -Account''; ``Rural Housing Service--Mutual and Self-Help Housing -Grants''; ``Rural Housing Service--Rural Housing Assistance Grants''; -``Rural Housing Service--Rural Community Facilities Program Account''; -``Rural Business-Cooperative Service--Rural Business Program Account''; -``Rural Business-Cooperative Service--Rural Economic Development Loans -Program Account''; ``Rural Business-Cooperative Service--Rural -Cooperative Development Grants''; ``Rural Utilities Service--Rural -Water and Waste Disposal Program Account''; ``Rural Utilities Service-- -Rural Electrification and Telecommunications Loans Program Account''; -and ``Rural Utilities Service--Distance Learning, Telemedicine, and -Broadband Program'', to the maximum extent feasible, at least 10 -percent of the funds shall be allocated for assistance in persistent -poverty counties under this section, including, notwithstanding any -other provision regarding population limits, any county seat of such a -persistent poverty county that has a population that does not exceed -the authorized population limit by more than 10 percent: Provided, -That for purposes of this section, the term ``persistent poverty -counties'' means any county that has had 20 percent or more of its -population living in poverty over the past 30 years, as measured by the -1990 and 2000 decennial censuses, and 2007-2011 American Community -Survey 5-year average, or any territory or possession of the United -States: Provided further, That with respect to specific activities for -which program levels have been made available by this Act that are not -supported by budget authority, the requirements of this section shall -be applied to such program level. - Sec. 742. (a) No funds shall be used to finalize the proposed rule -entitled ``Eligibility of the People's Republic of China (PRC) to -Export to the United States Poultry Products from Birds Slaughtered in -the PRC'' published in the Federal Register by the Department of -Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary -of Agriculture shall-- - (1) ensure that the poultry slaughter inspection system for - the PRC is equivalent to that of the United States; - (2) ensure that, before any poultry products can enter the - United States from any such poultry plant, such poultry - products comply with all other applicable requirements for - poultry products in interstate commerce in the United States; - (3) conduct periodic verification reviews and audits of any - such plants in the PRC intending to export into the United - States processed poultry products; - (4) conduct re-inspection of such poultry products at - United States ports-of-entry to check the general condition of - such products, for the proper certification and labeling of - such products, and for any damage to such products that may - have occurred during transportation; and - (5) ensure that shipments of any such poultry products - selected to enter the United States are subject to additional - re-inspection procedures at appropriate levels to verify that - the products comply with relevant Federal regulations or - standards, including examinations for product defects and - laboratory analyses to detect harmful chemical residues or - pathogen testing appropriate for the products involved. - (b) This section shall be applied in a manner consistent with -obligations of the United States under any trade agreement to which the -United States is a party. - Sec. 743. In addition to any other funds made available in this -Act or any other Act, there is appropriated $5,000,000 (increased by -$1,000,000) to carry out section 18(g)(8) of the Richard B. Russell -National School Lunch Act (42 U.S.C. 1769(g)), to remain available -until expended. - Sec. 744. There is hereby appropriated $10,000,000, to remain -available until September 30, 2021, for the cost of loans and grants -that is consistent with section 4206 of the Agricultural Act of 2014, -for necessary expenses of the Secretary to support projects that -provide access to healthy food in underserved areas, to create and -preserve quality jobs, and to revitalize low-income communities. - Sec. 745. For an additional amount for ``Animal and Plant Health -Inspection Service--Salaries and Expenses'', $8,500,000, to remain -available until September 30, 2021, for one-time control and management -and associated activities directly related to the multiple-agency -response to citrus greening. - Sec. 746. None of the funds made available by this or any other -Act may be used to enforce the final rule promulgated by the Food and -Drug Administration entitled ``Standards for the Growing, Harvesting, -Packing, and Holding of Produce for Human Consumption,'' and published -on November 27, 2015, with respect to the regulation of entities that -grow, harvest, pack, or hold wine grapes, hops, pulse crops, or -almonds. - Sec. 747. For school year 2020-2021, only a school food authority -that had a negative balance in the nonprofit school food service -account as of December 31, 2019, shall be required to establish a price -for paid lunches in accordance with Section 12(p) of the Richard B. -Russell National School Lunch Act, 42 U.S.C. 1760(p). - Sec. 748. (a) There is hereby appropriated $463,000,000 (increased -by $55,000,000), to remain available until expended, for an additional -amount for section 779 of Public Law 115-141. - (b) Section 313 of the Rural Electrification Act of 1936, as -amended (7 U.S.C. 940c), shall be applied for fiscal year 2019 and each -fiscal year thereafter until the specified funding has been expended as -if the following were inserted after the final period in subsection -(b)(2): In addition, the Secretary shall use $87,000,000 of funds -available in this subaccount in fiscal year 2020 for an additional -amount for the same purpose and under the same terms and conditions as -funds appropriated by section 779 of Public Law 115-141: Provided, -That prior to any use of such funds, the Secretary shall provide -written notification to the Committees on Appropriations of both Houses -of Congress at least 30 days in advance. - Sec. 749. There is hereby appropriated $5,000,000, to remain -available until September 30, 2021, for a pilot program for the -National Institute of Food and Agriculture to provide grants to -nonprofit organizations for programs and services to establish and -enhance farming and ranching opportunities for military veterans. - Sec. 750. None of the funds made available by this Act may be used -to implement or enforce the matter following the first comma in the -second sentence of footnote (c) of section 220.8(c) of title 7, Code of -Federal Regulations, with respect to the substitution of vegetables for -fruits under the school breakfast program established under section 4 -of the Child Nutrition Act of 1966 (42 U.S.C. 1773). - Sec. 751. Out of amounts appropriated to the Food and Drug -Administration under title VI, the Secretary of Health and Human -Services, acting through the Commissioner of Food and Drugs, shall, not -later than July 1, 2020, and following the review required under -Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory -planning and review), issue advice revising the advice provided in the -notice of availability entitled ``Advice About Eating Fish, From the -Environmental Protection Agency and Food and Drug Administration; -Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19, -2017)), in a manner that is consistent with nutrition science -recognized by the Food and Drug Administration on the net effects of -seafood consumption. - Sec. 752. In addition to any funds made available in this Act or -any other Act, there is hereby appropriated $10,000,000, to remain -available until September 30, 2021, for grants from the National -Institute of Food and Agriculture to the 1890 Institutions to support -the Centers of Excellence. - Sec. 753. There is hereby appropriated $1,000,000 for the -Secretary of Agriculture to carry out a pilot program that assists -rural hospitals to improve long-term operations and financial health by -providing technical assistance through analysis of current hospital -management practices. - Sec. 754. There is hereby appropriated $2,000,000, to remain -available until expended, for grants under section 12502 of Public Law -115-334. - Sec. 755. The funds provided in section 753 of the Agriculture, -Rural Development, Food and Drug Administration, and Related Agencies -Appropriations Act, 2018, are rescinded. - Sec. 756. Not later than 180 days after the date of the enactment -of this Act, the Secretary of Agriculture shall issue a final rule -based on the proposed rule entitled ``National Organic Program; Origin -of Livestock,'' published in the Federal Register on April 28, 2015 (80 -Fed. Reg. 23455): Provided, That the final rule shall incorporate -public comments submitted in response to the proposed rule. - Sec. 757. There is hereby appropriated $3,000,000, to remain -available until September 30, 2021, to carry out section 4003(b) of -Public Law 115-334 relating to demonstration projects for Tribal -Organizations. - Sec. 758. Hereafter, and not withstanding any other provision of -law, no funds available to the Department of Agriculture may be used to -relocate an agency, or any part of an agency, that was located within -the National Capital Region on August 1, 2018, to a site outside of the -National Capital Region in the absence of the prior enactment of a -specific appropriation for that relocation. - Sec. 759. Hereafter, and notwithstanding any other provision of -law, no funds available to the Department of Agriculture may be used to -move any agency from the mission area in which it was located on August -1, 2018, to any other mission area or office within the Department in -the absence of the enactment of specific legislation affirming such -move. - Sec. 760. The Animal and Plant Health Inspection Service shall, -notwithstanding any other provision of law-- - (1) within 60 calendar days, restore on its website the - searchable database and its contents that were available on - January 30, 2017, and all content generated since that date; - and - (2) hereafter, make publicly available via searchable - database, in their entirety without redactions except - signatures, the following-- - (A) all Animal Welfare Act inspection reports, - including all reports documenting all AWA non- - compliances observed by USDA officials and all animal - inventories; - (B) all Animal Welfare Act and Horse Protection Act - enforcement records; - (C) all reports or other materials documenting any - non-compliances observed by USDA officials; and - (D) all Animal Welfare Act research facility annual - reports, including their attachments. - Sec. 761. There is hereby appropriated $1,000,000 to carry out -section 3307 of Public Law 115-334. - Sec. 762. The Secretary of Agriculture may waive the matching -funds requirement under Section 412(g) of the Agricultural Research, -Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)). - Sec. 763. There is hereby appropriated $10,000,000, to remain -available until September 30, 2021, to carry out section 23 of the -Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $1,000,000 shall -be for grants under such section to the Commonwealth of Puerto Rico, -the Commonwealth of the Northern Mariana Islands, the United States -Virgin Islands, and American Samoa. - Sec. 764. There is hereby appropriated $1,000,000 to carry out -section 12607(b) of Public Law 115-334. - Sec. 765. Section 2 of the Rural Electrification Act of 1936 (7 -U.S.C. 902) is amended in subsection (a) by striking ``made by the -Secretary'' and inserting ``made or guaranteed by the Secretary''. - Sec. 766. The National Bio and Agro-Defense Facility shall be -transferred without reimbursement from the Secretary of Homeland -Security to the Secretary of Agriculture. - Sec. 767. Any funds made available by this or any other Act that -the Secretary withholds pursuant to section 1668(g)(2) of the Food, -Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)), -as amended, shall be available for grants for biotechnology risk -assessment research: Provided, That the Secretary may transfer such -funds to appropriations of the Department of Agriculture. - Sec. 768. There is hereby appropriated $5,000,000 to carry out -section 222 of Subtitle A of the Department of Agriculture -Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section 12302 -of Public Law 115-334. - Sec. 769. There is hereby appropriated $400,000 to carry out -section 224 of Subtitle A of the Department of Agriculture -Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504 -of Public Law 115-334. - Sec. 770. There is hereby appropriated $1,000,000, to remain -available until September 30, 2021, to carry out section 4208 of Public -Law 115-334. - Sec. 771. There is hereby appropriated $400,000 to carry out -section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade -Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of -Public Law 115-334. - Sec. 772. There is hereby appropriated $10,000,000 to carry out -section 12301 of Public Law 115-334. - Sec. 773. There is hereby appropriated $2,500,000 to carry out -section 1450 of the National Agricultural Research, Extension, and -Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120 -of Public Law 115-334. - Sec. 774. There is hereby appropriated $1,000,000 to carry out -section 1671 of the Food, Agriculture, Conservation, and Trade Act of -1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334. - Sec. 775. There is hereby appropriated $5,000,000 to carry out -section 310I of Subtitle A of Title III of the Consolidated Farm and -Rural Development Act (7 U.S.C. 1936c) as amended by section 5104 of -Public Law 115-334. - Sec. 776. There is hereby appropriated $7,000,000 for the purposes -described in the paragraph entitled ``Nutrition Assistance Program -(NAP) Study'' under the Supplemental Nutrition Assistance Program -included in the report accompanying this Act. - Sec. 777. There is hereby appropriated $5,000,000 (increased by -$5,000,000) to remain available until September 30, 2021, to carry out -section 4206 of Public Law 115-334. - Sec. 778. None of the funds made available by this Act may be used -to notify a sponsor or otherwise acknowledge receipt of a submission -for an exemption for investigational use of a drug or biological -product under section 505(i) of the Federal Food, Drug, and Cosmetic -Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health -Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo -is intentionally created or modified to include a heritable genetic -modification. Any such submission shall be deemed to have not been -received by the Secretary, and the exemption may not go into effect. - Sec. 779. None of the funds made available to the Department of -Agriculture shall be used to finalize, issue, or implement the proposed -rule entitled ``Modernization of Swine Slaughter Inspection'' published -in the Federal Register by the Food Safety Inspection Service on -February 1, 2018 (83 Fed. Reg. 4780 et seq.), including insofar as such -rule relates to converting establishments, until-- - (1) the Office of the Inspector General of the Department - of Agriculture has provided to the Food Safety and Inspection - Service and the Committees on Appropriations of the House of - Representatives and the Senate findings on the data used in - support of the development and design of the swine slaughter - inspection program that is the subject of such proposed rule; - and - (2) the Food Safety and Inspection Service has addressed - and resolved issues identified by the Inspector General in the - findings referred to in paragraph (1). - Sec. 780. None of the funds made available by this Act may be used -to-- - (1) transfer the functions of, or eliminate, a Forest - Service Job Corps Civilian Conservation Center; or - (2) alter the jurisdiction of the Secretary of Agriculture - with respect to the operation of such a Forest Service Job - Corps Civilian Conservation Center, as such jurisdiction was in - effect on January 1, 2019. - Sec. 781. Except as expressly provided otherwise, any reference to -``this Act'' contained in this division shall be treated as referring -only to the provisions of this division. - Sec. 782. Any reference to a ``report accompanying this Act'' -contained in this division shall be treated as a reference to House -Report 116-107. The effect of such Report shall be limited to this -division and shall apply for purposes of determining the allocation of -funds provided by, and the implementation of, this division. - Sec. 783. There is appropriated, for salaries and expenses of the -Farm Service Agency to carry out section 1621 of the Food, -Conservation, and Energy Act of 2008 (7 U.S.C. 8792), $1,996,000, to be -derived from a reduction of $2,000,000 in the amount provided in this -Act for the item for ``Office of the Secretary'' and ``Office of the -Secretary--Office of Communications''. - Sec. 784. None of the funds made available by this Act may be used -to remove the term ``climate change'' from any publication of any -entity for which such funds are made available. - This Act may be cited as the ``Agriculture, Rural Development, Food -and Drug Administration, and Related Agencies Appropriations Act, -2020''. - - DIVISION C--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED - AGENCIES APPROPRIATIONS ACT, 2020 - - The following sums are appropriated, out of any money in the -Treasury not otherwise appropriated, for the Department of the -Interior, environment, and related agencies for the fiscal year ending -September 30, 2020, and for other purposes, namely: - - TITLE I - - DEPARTMENT OF THE INTERIOR - - Bureau of Land Management - - management of lands and resources - - (including rescission of funds) - - For necessary expenses for protection, use, improvement, -development, disposal, cadastral surveying, classification, acquisition -of easements and other interests in lands, and performance of other -functions, including maintenance of facilities, as authorized by law, -in the management of lands and their resources under the jurisdiction -of the Bureau of Land Management, including the general administration -of the Bureau, and assessment of mineral potential of public lands -pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), -$1,265,097,000, to remain available until September 30, 2021; of which -$125,653,000 (increased by $1,500,000) (reduced by $1,500,000) for -annual and deferred maintenance shall remain available until expended, -and of which $6,000,000 is for a pilot program to complement activities -authorized by Public Law 92-195: Provided, That amounts in the fee -account of the Bureau of Land Management permit process improvement -fund may be used for bureau-related expenses directly associated with -the processing of oil and gas applications for permits to drill and -related use of authorizations. - In addition, $39,696,000 is for Mining Law Administration program -operations, including the cost of administering the mining claim fee -program, to remain available until expended, to be reduced by amounts -collected by the Bureau and credited to this appropriation from mining -claim maintenance fees and location fees that are hereby authorized for -fiscal year 2020, so as to result in a final appropriation estimated at -not more than $1,265,097,000, and $2,000,000, to remain available until -expended, from communication site rental fees established by the Bureau -for the cost of administering communication site activities. - Of the unobligated balances from amounts made available under this -heading in fiscal year 2016 or before, $14,000,000 is permanently -rescinded: Provided, That no amounts may be rescinded from amounts -that were designated by the Congress as an emergency requirement -pursuant to the Concurrent Resolution on the Budget or the Balanced -Budget and Emergency Deficit Control Act of 1985. - - construction - - (including rescission of funds) - - Of the unobligated balances from amounts made available under this -heading $5,000,000 is permanently rescinded: Provided, That no amounts -may be rescinded from amounts that were designated by the Congress as -an emergency requirement pursuant to the Concurrent Resolution on the -Budget or the Balanced Budget and Emergency Deficit Control Act of -1985. - - land acquisition - - For expenses necessary to carry out sections 205, 206, and 318(d) -of Public Law 94-579, including administrative expenses and acquisition -of lands or waters, or interests therein, $33,800,000, to be derived -from the Land and Water Conservation Fund and to remain available until -expended. - - oregon and california grant lands - - For expenses necessary for management, protection, and development -of resources and for construction, operation, and maintenance of access -roads, reforestation, and other improvements on the revested Oregon and -California Railroad grant lands, on other Federal lands in the Oregon -and California land-grant counties of Oregon, and on adjacent rights- -of-way; and acquisition of lands or interests therein, including -existing connecting roads on or adjacent to such grant lands; -$117,195,000, to remain available until expended: Provided, That 25 -percent of the aggregate of all receipts during the current fiscal year -from the revested Oregon and California Railroad grant lands is hereby -made a charge against the Oregon and California land-grant fund and -shall be transferred to the General Fund in the Treasury in accordance -with the second paragraph of subsection (b) of title II of the Act of -August 28, 1937 (43 U.S.C. 2605). - - range improvements - - For rehabilitation, protection, and acquisition of lands and -interests therein, and improvement of Federal rangelands pursuant to -section 401 of the Federal Land Policy and Management Act of 1976 (43 -U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent -of all moneys received during the prior fiscal year under sections 3 -and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount -designated for range improvements from grazing fees and mineral leasing -receipts from Bankhead-Jones lands transferred to the Department of the -Interior pursuant to law, but not less than $10,000,000, to remain -available until expended: Provided, That not to exceed $600,000 shall -be available for administrative expenses. - - service charges, deposits, and forfeitures - - For administrative expenses and other costs related to processing -application documents and other authorizations for use and disposal of -public lands and resources, for costs of providing copies of official -public land documents, for monitoring construction, operation, and -termination of facilities in conjunction with use authorizations, and -for rehabilitation of damaged property, such amounts as may be -collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under -section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain -available until expended: Provided, That notwithstanding any provision -to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. -1735(a)), any moneys that have been or will be received pursuant to -that section, whether as a result of forfeiture, compromise, or -settlement, if not appropriate for refund pursuant to section 305(c) of -that Act (43 U.S.C. 1735(c)), shall be available and may be expended -under the authority of this Act by the Secretary to improve, protect, -or rehabilitate any public lands administered through the Bureau of -Land Management which have been damaged by the action of a resource -developer, purchaser, permittee, or any unauthorized person, without -regard to whether all moneys collected from each such action are used -on the exact lands damaged which led to the action: Provided further, -That any such moneys that are in excess of amounts needed to repair -damage to the exact land for which funds were collected may be used to -repair other damaged public lands. - - miscellaneous trust funds - - In addition to amounts authorized to be expended under existing -laws, there is hereby appropriated such amounts as may be contributed -under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such -amounts as may be advanced for administrative costs, surveys, -appraisals, and costs of making conveyances of omitted lands under -section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available -until expended. - - administrative provisions - - The Bureau of Land Management may carry out the operations funded -under this Act by direct expenditure, contracts, grants, cooperative -agreements and reimbursable agreements with public and private -entities, including with States. Appropriations for the Bureau shall be -available for purchase, erection, and dismantlement of temporary -structures, and alteration and maintenance of necessary buildings and -appurtenant facilities to which the United States has title; up to -$100,000 for payments, at the discretion of the Secretary, for -information or evidence concerning violations of laws administered by -the Bureau; miscellaneous and emergency expenses of enforcement -activities authorized or approved by the Secretary and to be accounted -for solely on the Secretary's certificate, not to exceed $10,000: -Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the -Bureau may, under cooperative cost-sharing and partnership arrangements -authorized by law, procure printing services from cooperators in -connection with jointly produced publications for which the cooperators -share the cost of printing either in cash or in services, and the -Bureau determines the cooperator is capable of meeting accepted quality -standards: Provided further, That projects to be funded pursuant to a -written commitment by a State government to provide an identified -amount of money in support of the project may be carried out by the -Bureau on a reimbursable basis. Appropriations herein made shall not be -available for the destruction of healthy, unadopted, wild horses and -burros in the care of the Bureau or its contractors or for the sale of -wild horses and burros that results in their destruction for processing -into commercial products. - - United States Fish and Wildlife Service - - resource management - - (including rescission of funds) - - For necessary expenses of the United States Fish and Wildlife -Service, as authorized by law, and for scientific and economic studies, -general administration, and for the performance of other authorized -functions related to such resources, $1,364,760,000 (reduced by -$1,720,000) (increased by $1,720,000) (reduced by $200,000) (increased -by $200,000), to remain available until September 30, 2021: Provided, -That not to exceed $23,442,000 shall be used for implementing -subsections (a), (b), (c), and (e) of section 4 of the Endangered -Species Act of 1973 (16 U.S.C. 1533) (except for processing petitions, -developing and issuing proposed and final regulations, and taking any -other steps to implement actions described in subsection (c)(2)(A), -(c)(2)(B)(i), or (c)(2)(B)(ii)). - Of the unobligated balances from amounts made available under this -heading, in accordance with the joint explanatory statement -accompanying the Consolidated Appropriations Act, 2019, for central -office operations in fiscal year 2019, $4,000,000 is permanently -rescinded: Provided, That no amounts may be rescinded from amounts -that were designated by the Congress as an emergency requirement -pursuant to the Concurrent Resolution on the Budget or the Balanced -Budget and Emergency Deficit Control Act of 1985. - - construction - - For construction, improvement, acquisition, or removal of buildings -and other facilities required in the conservation, management, -investigation, protection, and utilization of fish and wildlife -resources, and the acquisition of lands and interests therein; -$15,693,000, to remain available until expended. - - land acquisition - - For expenses necessary to carry out chapter 2003 of title 54, -United States Code, including administrative expenses, and for -acquisition of land or waters, or interest therein, in accordance with -statutory authority applicable to the United States Fish and Wildlife -Service, $67,750,000, to be derived from the Land and Water -Conservation Fund and to remain available until expended, of which, -notwithstanding section 200306 of title 54, United States Code, not -more than $10,000,000 shall be for land conservation partnerships -authorized by the Highlands Conservation Act of 2004, including not to -exceed $320,000 for administrative expenses: Provided, That none of -the funds appropriated for specific land acquisition projects may be -used to pay for any administrative overhead, planning or other -management costs. - - cooperative endangered species conservation fund - - (including rescission of funds) - - For expenses necessary to carry out section 6 of the Endangered -Species Act of 1973 (16 U.S.C. 1535), $63,702,000, to remain available -until expended, of which $23,702,000 is to be derived from the -Cooperative Endangered Species Conservation Fund; and of which -$40,000,000 is to be derived from the Land and Water Conservation Fund. - Of the unobligated balances made available from the Cooperative -Endangered Species Conservation Fund, $10,000,000 is permanently -rescinded: Provided, That no amounts may be rescinded from amounts -that were designated by the Congress as an emergency requirement -pursuant to the Concurrent Resolution on the Budget or the Balanced -Budget and Emergency Deficit Control Act of 1985. - - national wildlife refuge fund - - For expenses necessary to implement the Act of October 17, 1978 (16 -U.S.C. 715s), $13,228,000. - - north american wetlands conservation fund - - For expenses necessary to carry out the provisions of the North -American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), -$50,000,000, to remain available until expended. - - neotropical migratory bird conservation - - For expenses necessary to carry out the Neotropical Migratory Bird -Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to remain -available until expended. - - multinational species conservation fund - - For expenses necessary to carry out the African Elephant -Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant -Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and -Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape -Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine -Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $15,000,000, -to remain available until expended. - - state and tribal wildlife grants - - For wildlife conservation grants to States and to the District of -Columbia, Puerto Rico, Guam, the United States Virgin Islands, the -Northern Mariana Islands, American Samoa, and Indian tribes under the -provisions of the Fish and Wildlife Act of 1956 and the Fish and -Wildlife Coordination Act, for the development and implementation of -programs for the benefit of wildlife and their habitat, including -species that are not hunted or fished, $70,571,000, to remain available -until expended: Provided, That of the amount provided herein, -$5,209,000 is for a competitive grant program for Indian tribes not -subject to the remaining provisions of this appropriation: Provided -further, That $7,362,000 is for a competitive grant program to -implement approved plans for States, territories, and other -jurisdictions and at the discretion of affected States, the regional -Associations of fish and wildlife agencies, not subject to the -remaining provisions of this appropriation: Provided further, That the -Secretary shall, after deducting $12,571,000 and administrative -expenses, apportion the amount provided herein in the following manner: -(1) to the District of Columbia and to the Commonwealth of Puerto Rico, -each a sum equal to not more than one-half of 1 percent thereof; and -(2) to Guam, American Samoa, the United States Virgin Islands, and the -Commonwealth of the Northern Mariana Islands, each a sum equal to not -more than one-fourth of 1 percent thereof: Provided further, That the -Secretary shall apportion the remaining amount in the following manner: -(1) one-third of which is based on the ratio to which the land area of -such State bears to the total land area of all such States; and (2) -two-thirds of which is based on the ratio to which the population of -such State bears to the total population of all such States: Provided -further, That the amounts apportioned under this paragraph shall be -adjusted equitably so that no State shall be apportioned a sum which is -less than 1 percent of the amount available for apportionment under -this paragraph for any fiscal year or more than 5 percent of such -amount: Provided further, That the Federal share of planning grants -shall not exceed 75 percent of the total costs of such projects and the -Federal share of implementation grants shall not exceed 65 percent of -the total costs of such projects: Provided further, That the non- -Federal share of such projects may not be derived from Federal grant -programs: Provided further, That any amount apportioned in 2020 to any -State, territory, or other jurisdiction that remains unobligated as of -September 30, 2021, shall be reapportioned, together with funds -appropriated in 2022, in the manner provided herein. - - administrative provisions - - The United States Fish and Wildlife Service may carry out the -operations of Service programs by direct expenditure, contracts, -grants, cooperative agreements and reimbursable agreements with public -and private entities. Appropriations and funds available to the United -States Fish and Wildlife Service shall be available for repair of -damage to public roads within and adjacent to reservation areas caused -by operations of the Service; options for the purchase of land at not -to exceed $1 for each option; facilities incident to such public -recreational uses on conservation areas as are consistent with their -primary purpose; and the maintenance and improvement of aquaria, -buildings, and other facilities under the jurisdiction of the Service -and to which the United States has title, and which are used pursuant -to law in connection with management, and investigation of fish and -wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the -Service may, under cooperative cost sharing and partnership -arrangements authorized by law, procure printing services from -cooperators in connection with jointly produced publications for which -the cooperators share at least one-half the cost of printing either in -cash or services and the Service determines the cooperator is capable -of meeting accepted quality standards: Provided further, That the -Service may accept donated aircraft as replacements for existing -aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all -fees collected for non-toxic shot review and approval shall be -deposited under the heading ``United States Fish and Wildlife Service-- -Resource Management'' and shall be available to the Secretary, without -further appropriation, to be used for expenses of processing of such -non-toxic shot type or coating applications and revising regulations as -necessary, and shall remain available until expended. - - National Park Service - - operation of the national park system - - For expenses necessary for the management, operation, and -maintenance of areas and facilities administered by the National Park -Service and for the general administration of the National Park -Service, $2,646,979,000, of which $10,282,000 for planning and -interagency coordination in support of Everglades restoration and -$150,980,000 for maintenance, repair, or rehabilitation projects for -constructed assets and $166,575,000 for cyclic maintenance projects for -constructed assets and cultural resources and $5,000,000 shall be for -uses authorized by section 101122 of title 54, United States Code shall -remain available until September 30, 2021: Provided, That funds -appropriated under this heading in this Act are available for the -purposes of section 5 of Public Law 95-348: Provided further, That -notwithstanding section 9(a) of the United States Semiquincentennial -Commission Act of 2016 (Public Law 114-196; 130 Stat. 691), $500,000 of -the funds made available under this heading shall be provided to the -organization selected under section 9(b) of that Act for expenditure by -the United States Semiquincentennial Commission in accordance with that -Act. Provided further, That notwithstanding section 9 of the 400 Years -of African-American History Commission Act (Public Law 115-102; 131 -Stat. 2248), $500,000 (increased by $500,000) of the funds made -available under this heading shall be provided to the 400 Years of -African-American History Commission for expenditure in accordance with -that Act. - - national recreation and preservation - - For expenses necessary to carry out recreation programs, natural -programs, cultural programs, heritage partnership programs, -environmental compliance and review, international park affairs, and -grant administration, not otherwise provided for, $73,508,000. - - historic preservation fund - - For expenses necessary in carrying out the National Historic -Preservation Act (division A of subtitle III of title 54, United States -Code), $121,660,000, to be derived from the Historic Preservation Fund -and to remain available until September 30, 2021, of which $16,000,000 -shall be for Save America's Treasures grants for preservation of -national significant sites, structures and artifacts as authorized by -section 7303 of the Omnibus Public Land Management Act of 2009 (54 -U.S.C. 3089): Provided, That an individual Save America's Treasures -grant shall be matched by non-Federal funds: Provided further, That -individual projects shall only be eligible for one grant: Provided -further, That all projects to be funded shall be approved by the -Secretary of the Interior in consultation with the House and Senate -Committees on Appropriations: Provided further, That of the funds -provided for the Historic Preservation Fund, $750,000 is for -competitive grants for the survey and nomination of properties to the -National Register of Historic Places and as National Historic Landmarks -associated with communities currently under-represented, as determined -by the Secretary, $22,500,000 is for competitive grants to preserve the -sites and stories of the Civil Rights movement, $10,000,000 is for -grants to Historically Black Colleges and Universities, and $5,000,000 -is for competitive grants for the restoration of historic properties of -national, State and local significance listed on or eligible for -inclusion on the National Register of Historic Places, to be made -without imposing the usage or direct grant restrictions of section -101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation -Act: Provided further, That such competitive grants shall be made -without imposing the matching requirements in section 302902(b)(3) of -title 54, United States Code, to States and Indian tribes as defined in -chapter 3003 of such title, Native Hawaiian organizations, local -governments, including Certified Local Governments, and non-profit -organizations. - - construction - - For construction, improvements, repair, or replacement of physical -facilities, and compliance and planning for programs and areas -administered by the National Park Service, $319,704,000 (increased by -$1,000,000) (reduced by $1,000,000), to remain available until -expended: Provided, That notwithstanding any other provision of law, -for any project initially funded in fiscal year 2021 with a future -phase indicated in the National Park Service 5-Year Line Item -Construction Plan, a single procurement may be issued which includes -the full scope of the project: Provided further, That the solicitation -and contract shall contain the clause availability of funds found at 48 -CFR 52.232-18: Provided further, That National Park Service Donations, -Park Concessions Franchise Fees, and Recreation Fees may be made -available for the cost of adjustments and changes within the original -scope of effort for projects funded by the National Park Service -Construction appropriation: Provided further, That the Secretary of -the Interior shall consult with the Committees on Appropriations, in -accordance with current reprogramming thresholds, prior to making any -charges authorized by this section. - - land and water conservation fund - - (rescission) - - The contract authority provided for fiscal year 2020 by section -200308 of title 54, United States Code, is rescinded. - - land acquisition and state assistance - - For expenses necessary to carry out chapter 2003 of title 54, -United States Code, including administrative expenses, and for -acquisition of lands or waters, or interest therein, in accordance with -the statutory authority applicable to the National Park Service, -$208,400,000 (increased by $5,000,000) (reduced by $5,000,000), to be -derived from the Land and Water Conservation Fund and to remain -available until expended, of which $140,000,000 is for the State -assistance program and of which $15,000,000 shall be for the American -Battlefield Protection Program grants as authorized by chapter 3081 of -title 54, United States Code. - - centennial challenge - - For expenses necessary to carry out the provisions of section -101701 of title 54, United States Code, relating to challenge cost -share agreements, $20,000,000, to remain available until expended, for -Centennial Challenge projects and programs: Provided, That not less -than 50 percent of the total cost of each project or program shall be -derived from non-Federal sources in the form of donated cash, assets, -or a pledge of donation guaranteed by an irrevocable letter of credit. - - administrative provisions - - (including transfer of funds) - - In addition to other uses set forth in section 101917(c)(2) of -title 54, United States Code, franchise fees credited to a sub-account -shall be available for expenditure by the Secretary, without further -appropriation, for use at any unit within the National Park System to -extinguish or reduce liability for Possessory Interest or leasehold -surrender interest. Such funds may only be used for this purpose to the -extent that the benefitting unit anticipated franchise fee receipts -over the term of the contract at that unit exceed the amount of funds -used to extinguish or reduce liability. Franchise fees at the -benefitting unit shall be credited to the sub-account of the -originating unit over a period not to exceed the term of a single -contract at the benefitting unit, in the amount of funds so expended to -extinguish or reduce liability. - For the costs of administration of the Land and Water Conservation -Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico -Energy Security Act of 2006 (Public Law 109-432), the National Park -Service may retain up to 3 percent of the amounts which are authorized -to be disbursed under such section, such retained amounts to remain -available until expended. - National Park Service funds may be transferred to the Federal -Highway Administration (FHWA), Department of Transportation, for -purposes authorized under 23 U.S.C. 204. Transfers may include a -reasonable amount for FHWA administrative support costs. - - United States Geological Survey - - surveys, investigations, and research - - For expenses necessary for the United States Geological Survey to -perform surveys, investigations, and research covering topography, -geology, hydrology, biology, and the mineral and water resources of the -United States, its territories and possessions, and other areas as -authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their -mineral and water resources; give engineering supervision to power -permittees and Federal Energy Regulatory Commission licensees; -administer the minerals exploration program (30 U.S.C. 641); conduct -inquiries into the economic conditions affecting mining and materials -processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) -and related purposes as authorized by law; and to publish and -disseminate data relative to the foregoing activities; $1,236,398,000, -to remain available until September 30, 2021; of which $84,337,000 -shall remain available until expended for satellite operations; and of -which $20,164,000 shall be available until expended for deferred -maintenance and capital improvement projects that exceed $100,000 in -cost: Provided, That none of the funds provided for the ecosystem -research activity shall be used to conduct new surveys on private -property, unless specifically authorized in writing by the property -owner: Provided further, That no part of this appropriation shall be -used to pay more than one-half the cost of topographic mapping or water -resources data collection and investigations carried on in cooperation -with States and municipalities. - - administrative provisions - - From within the amount appropriated for activities of the United -States Geological Survey such sums as are necessary shall be available -for contracting for the furnishing of topographic maps and for the -making of geophysical or other specialized surveys when it is -administratively determined that such procedures are in the public -interest; construction and maintenance of necessary buildings and -appurtenant facilities; acquisition of lands for gauging stations, -observation wells, and seismic equipment; expenses of the United States -National Committee for Geological Sciences; and payment of compensation -and expenses of persons employed by the Survey duly appointed to -represent the United States in the negotiation and administration of -interstate compacts: Provided, That activities funded by -appropriations herein made may be accomplished through the use of -contracts, grants, or cooperative agreements as defined in section 6302 -of title 31, United States Code: Provided further, That the United -States Geological Survey may enter into contracts or cooperative -agreements directly with individuals or indirectly with institutions or -nonprofit organizations, without regard to 41 U.S.C. 6101, for the -temporary or intermittent services of students or recent graduates, who -shall be considered employees for the purpose of chapters 57 and 81 of -title 5, United States Code, relating to compensation for travel and -work injuries, and chapter 171 of title 28, United States Code, -relating to tort claims, but shall not be considered to be Federal -employees for any other purposes. - - Bureau of Ocean Energy Management - - ocean energy management - - For expenses necessary for granting and administering leases, -easements, rights-of-way and agreements for use for oil and gas, other -minerals, energy, and marine-related purposes on the Outer Continental -Shelf and approving operations related thereto, as authorized by law; -for environmental studies, as authorized by law; for implementing other -laws and to the extent provided by Presidential or Secretarial -delegation; and for matching grants or cooperative agreements, -$182,781,000, of which $122,781,000 is to remain available until -September 30, 2021, and of which $60,000,000 is to remain available -until expended: Provided, That this total appropriation shall be -reduced by amounts collected by the Secretary and credited to this -appropriation from additions to receipts resulting from increases to -lease rental rates in effect on August 5, 1993, and from cost recovery -fees from activities conducted by the Bureau of Ocean Energy Management -pursuant to the Outer Continental Shelf Lands Act, including studies, -assessments, analysis, and miscellaneous administrative activities: -Provided further, That the sum herein appropriated shall be reduced as -such collections are received during the fiscal year, so as to result -in a final fiscal year 2020 appropriation estimated at not more than -$122,781,000: Provided further, That not to exceed $3,000 shall be -available for reasonable expenses related to promoting volunteer beach -and marine cleanup activities. - - Bureau of Safety and Environmental Enforcement - - offshore safety and environmental enforcement - - For expenses necessary for the regulation of operations related to -leases, easements, rights-of-way and agreements for use for oil and -gas, other minerals, energy, and marine-related purposes on the Outer -Continental Shelf, as authorized by law; for enforcing and implementing -laws and regulations as authorized by law and to the extent provided by -Presidential or Secretarial delegation; and for matching grants or -cooperative agreements, $145,504,000, of which $119,504,000 is to -remain available until September 30, 2021, and of which $26,000,000 is -to remain available until expended: Provided, That this total -appropriation shall be reduced by amounts collected by the Secretary -and credited to this appropriation from additions to receipts resulting -from increases to lease rental rates in effect on August 5, 1993, and -from cost recovery fees from activities conducted by the Bureau of -Safety and Environmental Enforcement pursuant to the Outer Continental -Shelf Lands Act, including studies, assessments, analysis, and -miscellaneous administrative activities: Provided further, That the -sum herein appropriated shall be reduced as such collections are -received during the fiscal year, so as to result in a final fiscal year -2020 appropriation estimated at not more than $119,504,000. - For an additional amount, $47,308,000, to remain available until -expended, to be reduced by amounts collected by the Secretary and -credited to this appropriation, which shall be derived from non- -refundable inspection fees collected in fiscal year 2020, as provided -in this Act: Provided, That to the extent that amounts realized from -such inspection fees exceed $47,308,000, the amounts realized in excess -of $47,308,000 shall be credited to this appropriation and remain -available until expended: Provided further, That for fiscal year 2020, -not less than 50 percent of the inspection fees expended by the Bureau -of Safety and Environmental Enforcement will be used to fund personnel -and mission-related costs to expand capacity and expedite the orderly -development, subject to environmental safeguards, of the Outer -Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 -U.S.C. 1331 et seq.), including the review of applications for permits -to drill. - - oil spill research - - For necessary expenses to carry out title I, section 1016, title -IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of -the Oil Pollution Act of 1990, $14,899,000, which shall be derived from -the Oil Spill Liability Trust Fund, to remain available until expended. - - Office of Surface Mining Reclamation and Enforcement - - regulation and technology - - For necessary expenses to carry out the provisions of the Surface -Mining Control and Reclamation Act of 1977, Public Law 95-87, -$121,647,000, to remain available until September 30, 2021: Provided, -That appropriations for the Office of Surface Mining Reclamation and -Enforcement may provide for the travel and per diem expenses of State -and tribal personnel attending Office of Surface Mining Reclamation and -Enforcement sponsored training. - In addition, for costs to review, administer, and enforce permits -issued by the Office pursuant to section 507 of Public Law 95-87 (30 -U.S.C. 1257), $40,000, to remain available until expended: Provided, -That fees assessed and collected by the Office pursuant to such section -507 shall be credited to this account as discretionary offsetting -collections, to remain available until expended: Provided further, -That the sum herein appropriated from the general fund shall be reduced -as collections are received during the fiscal year, so as to result in -a fiscal year 2020 appropriation estimated at not more than -$121,647,000. - - abandoned mine reclamation fund - - For necessary expenses to carry out title IV of the Surface Mining -Control and Reclamation Act of 1977, Public Law 95-87, $24,713,000, to -be derived from receipts of the Abandoned Mine Reclamation Fund and to -remain available until expended: Provided, That pursuant to Public Law -97-365, the Department of the Interior is authorized to use up to 20 -percent from the recovery of the delinquent debt owed to the United -States Government to pay for contracts to collect these debts: -Provided further, That funds made available under title IV of Public -Law 95-87 may be used for any required non-Federal share of the cost of -projects funded by the Federal Government for the purpose of -environmental restoration related to treatment or abatement of acid -mine drainage from abandoned mines: Provided further, That such -projects must be consistent with the purposes and priorities of the -Surface Mining Control and Reclamation Act: Provided further, That -amounts provided under this heading may be used for the travel and per -diem expenses of State and tribal personnel attending Office of Surface -Mining Reclamation and Enforcement sponsored training. - In addition, $115,000,000, to remain available until expended, for -grants to States and federally recognized Indian Tribes for reclamation -of abandoned mine lands and other related activities in accordance with -the terms and conditions in the report accompanying this Act: -Provided, That such additional amount shall be used for economic and -community development in conjunction with the priorities in section -403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 -U.S.C. 1233(a)): Provided further, That of such additional amount, -$75,000,000 shall be distributed in equal amounts to the 3 Appalachian -States with the greatest amount of unfunded needs to meet the -priorities described in paragraphs (1) and (2) of such section, -$30,000,000 shall be distributed in equal amounts to the 3 Appalachian -States with the subsequent greatest amount of unfunded needs to meet -such priorities, and $10,000,000 shall be for grants to federally -recognized Indian Tribes without regard to their status as certified or -uncertified under the Surface Mining Control and Reclamation Act of -1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine lands and -other related activities in accordance with the terms and conditions in -the report accompanying this Act and shall be used for economic and -community development in conjunction with the priorities in section -403(a) of the Surface Mining Control and Reclamation Act of 1977: -Provided further, That such additional amount shall be allocated to -States and Indian Tribes within 60 days after the date of enactment of -this Act. - - Bureau of Indian Affairs - - operation of indian programs - - (including transfer of funds) - - For expenses necessary for the operation of Indian programs, as -authorized by law, including the Snyder Act of November 2, 1921 (25 -U.S.C. 13), the Indian Self-Determination and Education Assistance Act -of 1975 (25 U.S.C. 5301 et seq.), $1,650,504,000 (increased by -$176,000,000) (reduced by $176,000,000) to remain available until -September 30, 2021, except as otherwise provided herein; of which not -to exceed $8,500 may be for official reception and representation -expenses; of which not to exceed $77,734,000 shall be for welfare -assistance payments: Provided, That in cases of designated Federal -disasters, the Secretary may exceed such cap, from the amounts provided -herein, to provide for disaster relief to Indian communities affected -by the disaster: Provided further, That federally recognized Indian -tribes and tribal organizations of federally recognized Indian tribes -may use their tribal priority allocations for unmet welfare assistance -costs: Provided further, That not to exceed $73,164,000 shall remain -available until expended for housing improvement, road maintenance, -attorney fees, litigation support, land records improvement, and the -Navajo-Hopi Settlement Program: Provided further, That any forestry -funds allocated to a federally recognized tribe which remain -unobligated as of September 30, 2021, may be transferred during fiscal -year 2022 to an Indian forest land assistance account established for -the benefit of the holder of the funds within the holder's trust fund -account: Provided further, That any such unobligated balances not so -transferred shall expire on September 30, 2022: Provided further, That -in order to enhance the safety of Bureau field employees, the Bureau -may use funds to purchase uniforms or other identifying articles of -clothing for personnel: Provided further, That the Bureau of Indian -Affairs may accept transfers of funds from United States Customs and -Border Protection to supplement any other funding available for -reconstruction or repair of roads owned by the Bureau of Indian Affairs -as identified on the National Tribal Transportation Facility Inventory, -23 U.S.C. 202(b)(1). - - contract support costs - - For payments to tribes and tribal organizations for contract -support costs associated with Indian Self-Determination and Education -Assistance Act agreements with the Bureau of Indian Affairs and the -Bureau of Indian Education for fiscal year 2020, such sums as may be -necessary, which shall be available for obligation through September -30, 2021: Provided, That notwithstanding any other provision of law, -no amounts made available under this heading shall be available for -transfer to another budget account. - - construction - - (including transfer of funds) - - For construction, repair, improvement, and maintenance of -irrigation and power systems, buildings, utilities, and other -facilities, including architectural and engineering services by -contract; acquisition of lands, and interests in lands; and preparation -of lands for farming, and for construction of the Navajo Indian -Irrigation Project pursuant to Public Law 87-483; $146,014,000, to -remain available until expended: Provided, That such amounts as may be -available for the construction of the Navajo Indian Irrigation Project -may be transferred to the Bureau of Reclamation: Provided further, -That not to exceed 6 percent of contract authority available to the -Bureau of Indian Affairs from the Federal Highway Trust Fund may be -used to cover the road program management costs of the Bureau: -Provided further, That any funds provided for the Safety of Dams -program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall -be made available on a nonreimbursable basis: Provided further, That -this appropriation may be reimbursed from the Office of the Special -Trustee for American Indians appropriation for the appropriate share of -construction costs for space expansion needed in agency offices to meet -trust reform implementation: Provided further, That of the funds made -available under this heading, $10,000,000 shall be derived from the -Indian Irrigation Fund established by section 3211 of the WIIN Act -(Public Law 114-322; 130 Stat. 1749). - - indian land and water claim settlements and miscellaneous payments to - indians - - For payments and necessary administrative expenses for -implementation of Indian land and water claim settlements pursuant to -Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and -for implementation of other land and water rights settlements, -$45,644,000, to remain available until expended. - - indian guaranteed loan program account - - For the cost of guaranteed loans and insured loans, $12,784,000, of -which $1,725,000 is for administrative expenses, as authorized by the -Indian Financing Act of 1974: Provided, That such costs, including the -cost of modifying such loans, shall be as defined in section 502 of the -Congressional Budget Act of 1974: Provided further, That these funds -are available to subsidize total loan principal, any part of which is -to be guaranteed or insured, not to exceed $199,075,370. - - administrative provisions - - The Bureau of Indian Affairs may carry out the operation of Indian -programs by direct expenditure, contracts, cooperative agreements, -compacts, and grants, either directly or in cooperation with States and -other organizations. - Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of -Indian Affairs may contract for services in support of the management, -operation, and maintenance of the Power Division of the San Carlos -Irrigation Project. - Notwithstanding any other provision of law, no funds available to -the Bureau of Indian Affairs for central office oversight and Executive -Direction and Administrative Services (except executive direction and -administrative services funding for Tribal Priority Allocations, -regional offices, and facilities operations and maintenance) shall be -available for contracts, grants, compacts, or cooperative agreements -with the Bureau of Indian Affairs under the provisions of the Indian -Self-Determination Act or the Tribal Self-Governance Act of 1994 -(Public Law 103-413). - In the event any tribe returns appropriations made available by -this Act to the Bureau of Indian Affairs, this action shall not -diminish the Federal Government's trust responsibility to that tribe, -or the government-to-government relationship between the United States -and that tribe, or that tribe's ability to access future -appropriations. - Notwithstanding any other provision of law, including section 113 -of title I of appendix C of Public Law 106-113, if in fiscal year 2003 -or 2004 a grantee received indirect and administrative costs pursuant -to a distribution formula based on section 5(f) of Public Law 101-301, -the Secretary shall continue to distribute indirect and administrative -cost funds to such grantee using the section 5(f) distribution formula. - - Bureau of Indian Education - - operation of indian education programs - - For expenses necessary for the operation of Indian Education -programs, as authorized by law, including the Snyder Act of November 2, -1921 (25 U.S.C. 13), the Indian Self-Determination and Education -Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education -Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled -Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,000,233,000, to remain -available until September 30, 2021, except as otherwise provided -herein: Provided, That federally recognized Indian tribes and tribal -organizations of federally recognized Indian tribes may use their -Tribal priority allocations for unmet welfare assistance costs: -Provided further, That not to exceed $721,690,000 for school operation -costs of Bureau-funded schools and other education programs shall -become available on July 1, 2020, and shall remain available until -September 30, 2021: Provided further, That notwithstanding any other -provision of law, including but not limited to the Indian Self- -Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of -the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed -$81,508,000 within and only from such amounts made available for school -operations shall be available for administrative cost grants associated -with grants approved prior to July 1, 2020: Provided further, That in -order to enhance the safety of Bureau field employees, the Bureau may -use funds to purchase uniforms or other identifying articles of -clothing for personnel. - - education construction - - For construction, repair, improvement, and maintenance of -buildings, utilities, and other facilities necessary for the operation -of Indian Education programs, including architectural and engineering -services by contract; acquisition of lands, and interests in lands; -$387,252,000 to remain available until expended; Provided, That for -fiscal year 2020, in implementing new construction, replacement -facilities construction, or facilities improvement and repair project -grants in excess of $100,000 that are provided to grant schools under -Public Law 100-297, the Secretary of the Interior shall use the -Administrative and Audit Requirements and Cost Principles for -Assistance Programs contained in part 12 of title 43, Code of Federal -Regulations, as the regulatory requirements: Provided further, That -such grants shall not be subject to section 12.61 of title 43, Code of -Federal Regulations; the Secretary and the grantee shall negotiate and -determine a schedule of payments for the work to be performed: Provided -further, That in considering grant applications, the Secretary shall -consider whether such grantee would be deficient in assuring that the -construction projects conform to applicable building standards and -codes and Federal, tribal, or State health and safety standards as -required by section 1125(b) of title XI of Public Law 95-561 (25 U.S.C. -2005(b)), with respect to organizational and financial management -capabilities: Provided further, That if the Secretary declines a grant -application, the Secretary shall follow the requirements contained in -section 5206(f) of Public Law 100-297 (25 U.S.C. 2504(f)): Provided -further, That any disputes between the Secretary and any grantee -concerning a grant shall be subject to the disputes provision in -section 5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)): Provided -further, That in order to ensure timely completion of construction -projects, the Secretary may assume control of a project and all funds -related to the project, if, not later than 18 months after the date of -the enactment of this Act, any grantee receiving funds appropriated in -this Act or in any prior Act, has not completed the planning and design -phase of the project and commenced construction. - - administrative provisions - - The Bureau of Indian Education may carry out the operation of -Indian programs by direct expenditure, contracts, cooperative -agreements, compacts, and grants, either directly or in cooperation -with States and other organizations. - Notwithstanding any other provision of law, no funds available to -the Bureau of Indian Education for central office oversight and -Executive Direction and Administrative Services (except executive -direction and administrative services funding for Tribal Priority -Allocations, regional offices, and facilities operations and -maintenance) shall be available for contracts, grants, compacts, or -cooperative agreements with the Bureau of Indian Education under the -provisions of the Indian Self-Determination Act or the Tribal Self- -Governance Act of 1994 (Public Law 103-413). - In the event any tribe returns appropriations made available by -this Act to the Bureau of Indian Education, this action shall not -diminish the Federal Government's trust responsibility to that tribe, -or the government-to-government relationship between the United States -and that tribe, or that tribe's ability to access future -appropriations. - Notwithstanding any other provision of law, no funds available to -the Bureau of Indian Education, other than the amounts provided herein -for assistance to public schools under 25 U.S.C. 452 et seq., shall be -available to support the operation of any elementary or secondary -school in the State of Alaska. - No funds available to the Bureau of Indian Education shall be used -to support expanded grades for any school or dormitory beyond the grade -structure in place or approved by the Secretary of the Interior at each -school in the Bureau of Indian Education school system as of October 1, -1995, except that the Secretary of the Interior may waive this -prohibition to support expansion of up to one additional grade when the -Secretary determines such waiver is needed to support accomplishment of -the mission of the Bureau of Indian Education, or more than one grade -to expand the elementary grade structure for Bureau-funded schools with -a K-2 grade structure on October 1, 1996. Appropriations made available -in this or any prior Act for schools funded by the Bureau shall be -available, in accordance with the Bureau's funding formula, only to the -schools in the Bureau school system as of September 1, 1996, and to any -school or school program that was reinstated in fiscal year 2012. Funds -made available under this Act may not be used to establish a charter -school at a Bureau-funded school (as that term is defined in section -1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that -a charter school that is in existence on the date of the enactment of -this Act and that has operated at a Bureau-funded school before -September 1, 1999, may continue to operate during that period, but only -if the charter school pays to the Bureau a pro rata share of funds to -reimburse the Bureau for the use of the real and personal property -(including buses and vans), the funds of the charter school are kept -separate and apart from Bureau funds, and the Bureau does not assume -any obligation for charter school programs of the State in which the -school is located if the charter school loses such funding. Employees -of Bureau-funded schools sharing a campus with a charter school and -performing functions related to the charter school's operation and -employees of a charter school shall not be treated as Federal employees -for purposes of chapter 171 of title 28, United States Code. - Notwithstanding any other provision of law, including section 113 -of title I of appendix C of Public Law 106-113, if in fiscal year 2003 -or 2004 a grantee received indirect and administrative costs pursuant -to a distribution formula based on section 5(f) of Public Law 101-301, -the Secretary shall continue to distribute indirect and administrative -cost funds to such grantee using the section 5(f) distribution formula. - Funds available under this Act may not be used to establish -satellite locations of schools in the Bureau school system as of -September 1, 1996, except that the Secretary may waive this prohibition -in order for an Indian tribe to provide language and cultural immersion -educational programs for non-public schools located within the -jurisdictional area of the tribal government which exclusively serve -tribal members, do not include grades beyond those currently served at -the existing Bureau-funded school, provide an educational environment -with educator presence and academic facilities comparable to the -Bureau-funded school, comply with all applicable Tribal, Federal, or -State health and safety standards, and the Americans with Disabilities -Act, and demonstrate the benefits of establishing operations at a -satellite location in lieu of incurring extraordinary costs, such as -for transportation or other impacts to students such as those caused by -busing students extended distances: Provided, That no funds available -under this Act may be used to fund operations, maintenance, -rehabilitation, construction or other facilities-related costs for such -assets that are not owned by the Bureau: Provided further, That the -term ``satellite school'' means a school location physically separated -from the existing Bureau school by more than 50 miles but that forms -part of the existing school in all other respects. - - Departmental Offices - - Office of the Secretary - - departmental operations - - (including transfer of funds) - - For necessary expenses for management of the Department of the -Interior and for grants and cooperative agreements, as authorized by -law, $131,232,000 (increased by $5,000,000) (reduced by $5,000,000) -(reduced by $1,000,000) (reduced by $1,000,000) (reduced by -$1,000,000), to remain available until September 30, 2021; of which no -less than $1,000,000 shall be for the hiring of additional personnel to -assist the Department with its compliance responsibilities under 5 -U.S.C. 552; of which not to exceed $15,000 may be for official -reception and representation expenses; and of which up to $1,000,000 -shall be available for workers compensation payments and unemployment -compensation payments associated with the orderly closure of the United -States Bureau of Mines; and of which $9,000,000 for the Office of -Valuation Services is to be derived from the Land and Water -Conservation Fund and shall remain available until expended; and of -which $11,061,000 for Indian land, mineral, and resource valuation -activities shall remain available until expended: Provided, That funds -for Indian land, mineral, and resource valuation activities may, as -needed, be transferred to and merged with the Bureau of Indian Affairs -``Operation of Indian Programs'' and Bureau of Indian Education -``Operation of Indian Education Programs'' accounts and the Office of -the Special Trustee for American Indians ``Federal Trust Programs'' -account: Provided further, That funds made available through contracts -or grants obligated during fiscal year 2020, as authorized by the -Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall -remain available until expended by the contractor or grantee. - - administrative provisions - - For fiscal year 2020, up to $400,000 of the payments authorized by -chapter 69 of title 31, United States Code, may be retained for -administrative expenses of the Payments in Lieu of Taxes Program: -Provided, That the amounts provided under this Act specifically for the -Payments in Lieu of Taxes program are the only amounts available for -payments authorized under chapter 69 of title 31, United States Code: -Provided further, That in the event the sums appropriated for any -fiscal year for payments pursuant to this chapter are insufficient to -make the full payments authorized by that chapter to all units of local -government, then the payment to each local government shall be made -proportionally: Provided further, That the Secretary may make -adjustments to payment to individual units of local government to -correct for prior overpayments or underpayments: Provided further, -That no payment shall be made pursuant to that chapter to otherwise -eligible units of local government if the computed amount of the -payment is less than $100. - - Insular Affairs - - assistance to territories - - For expenses necessary for assistance to territories under the -jurisdiction of the Department of the Interior and other jurisdictions -identified in section 104(e) of Public Law 108-188, $108,631,000, of -which: (1) $99,140,000 shall remain available until expended for -territorial assistance, including general technical assistance, -maintenance assistance, disaster assistance, coral reef initiative and -natural resources activities, and brown tree snake control and -research; grants to the judiciary in American Samoa for compensation -and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the -Government of American Samoa, in addition to current local revenues, -for construction and support of governmental functions; grants to the -Government of the Virgin Islands, as authorized by law; grants to the -Government of Guam, as authorized by law; and grants to the Government -of the Northern Mariana Islands, as authorized by law (Public Law 94- -241; 90 Stat. 272); and (2) $9,491,000 shall be available until -September 30, 2021, for salaries and expenses of the Office of Insular -Affairs: Provided, That all financial transactions of the territorial -and local governments herein provided for, including such transactions -of all agencies or instrumentalities established or used by such -governments, may be audited by the Government Accountability Office, at -its discretion, in accordance with chapter 35 of title 31, United -States Code: Provided further, That Northern Mariana Islands Covenant -grant funding shall be provided according to those terms of the -Agreement of the Special Representatives on Future United States -Financial Assistance for the Northern Mariana Islands approved by -Public Law 104-134: Provided further, That the funds for the program -of operations and maintenance improvement are appropriated to -institutionalize routine operations and maintenance improvement of -capital infrastructure with territorial participation and cost sharing -to be determined by the Secretary based on the grantee's commitment to -timely maintenance of its capital assets: Provided further, That any -appropriation for disaster assistance under this heading in this Act or -previous appropriations Acts may be used as non-Federal matching funds -for the purpose of hazard mitigation grants provided pursuant to -section 404 of the Robert T. Stafford Disaster Relief and Emergency -Assistance Act (42 U.S.C. 5170c). - - compact of free association - - For grants and necessary expenses, $3,236,000, to remain available -until expended, as provided for in sections 221(a)(2) and 233 of the -Compact of Free Association for the Republic of Palau; and section -221(a)(2) of the Compacts of Free Association for the Government of the -Republic of the Marshall Islands and the Federated States of -Micronesia, as authorized by Public Law 99-658 and Public Law 108-188. - - Administrative Provisions - - (including transfer of funds) - - At the request of the Governor of Guam, the Secretary may transfer -discretionary funds or mandatory funds provided under section 104(e) of -Public Law 108-188 and Public Law 104-134, that are allocated for Guam, -to the Secretary of Agriculture for the subsidy cost of direct or -guaranteed loans, plus not to exceed three percent of the amount of the -subsidy transferred for the cost of loan administration, for the -purposes authorized by the Rural Electrification Act of 1936 and -section 306(a)(1) of the Consolidated Farm and Rural Development Act -for construction and repair projects in Guam, and such funds shall -remain available until expended: Provided, That such costs, including -the cost of modifying such loans, shall be as defined in section 502 of -the Congressional Budget Act of 1974: Provided further, That such -loans or loan guarantees may be made without regard to the population -of the area, credit elsewhere requirements, and restrictions on the -types of eligible entities under the Rural Electrification Act of 1936 -and section 306(a)(1) of the Consolidated Farm and Rural Development -Act: Provided further, That any funds transferred to the Secretary of -Agriculture shall be in addition to funds otherwise made available to -make or guarantee loans under such authorities. - - Office of the Solicitor - - salaries and expenses - - For necessary expenses of the Office of the Solicitor, $66,816,000. - - Office of Inspector General - - salaries and expenses - - For necessary expenses of the Office of Inspector General, -$55,986,000, to remain available until September 30, 2021. - - Office of the Special Trustee for American Indians - - federal trust programs - - (including transfer and rescission of funds) - - For the operation of trust programs for Indians by direct -expenditure, contracts, cooperative agreements, compacts, and grants, -$97,613,000, to remain available until expended, of which not to exceed -$17,911,000 from this or any other Act, may be available for historical -accounting: Provided, That $10,000,000 shall not be available for -obligation until the Secretary provides the report required by section -304(a)(3) of the Indian Trust Asset Reform Act (Public Law 114-178) to -terminate the Office of the Special Trustee in its entirety, to the -Committees on Appropriations of the House of Representatives and the -Senate: Provided further, That funds for Trust Management improvements -and litigation support may, as needed, be transferred to or merged with -the Bureau of Indian Affairs ``Operation of Indian Programs'' and -Bureau of Indian Education, ``Operation of Indian Education Programs'' -account; the Office of the Solicitor, ``Salaries and Expenses'' -account; and the Office of the Secretary, ``Departmental Operations'' -account: Provided further, That funds made available through contracts -or grants obligated during fiscal year 2020, as authorized by the -Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall -remain available until expended by the contractor or grantee: Provided -further, That notwithstanding any other provision of law, the Secretary -shall not be required to provide a quarterly statement of performance -for any Indian trust account that has not had activity for at least 15 -months and has a balance of $15 or less: Provided further, That the -Secretary shall issue an annual account statement and maintain a record -of any such accounts and shall permit the balance in each such account -to be withdrawn upon the express written request of the account holder: - Provided further, That not to exceed $50,000 is available for the -Secretary to make payments to correct administrative errors of either -disbursements from or deposits to Individual Indian Money or Tribal -accounts after September 30, 2002: Provided further, That erroneous -payments that are recovered shall be credited to and remain available -in this account for this purpose: Provided further, That the Secretary -shall not be required to reconcile Special Deposit Accounts with a -balance of less than $500 unless the Office of the Special Trustee -receives proof of ownership from a Special Deposit Accounts claimant: -Provided further, That notwithstanding section 102 of the American -Indian Trust Fund Management Reform Act of 1994 (Public Law 103-412) or -any other provision of law, the Secretary may aggregate the trust -accounts of individuals whose whereabouts are unknown for a continuous -period of at least five years and shall not be required to generate -periodic statements of performance for the individual accounts: -Provided further, That with respect to the ninth proviso, the Secretary -shall continue to maintain sufficient records to determine the balance -of the individual accounts, including any accrued interest and income, -and such funds shall remain available to the individual account -holders. - Of the unobligated balances from amounts made available for the -Office of the Special Trustee for American Indians, $3,000,000 is -permanently rescinded: Provided, That no amounts may be rescinded from -amounts that were designated by the Congress as an emergency -requirement pursuant to the Concurrent Resolution on the Budget or the -Balanced Budget and Emergency Deficit Control Act of 1985. - - Department-Wide Programs - - wildland fire management - - (including transfers of funds) - - For necessary expenses for fire preparedness, fire suppression -operations, fire science and research, emergency rehabilitation, fuels -management activities, and rural fire assistance by the Department of -the Interior, $952,338,000 (increased by $1,000,000) (increased by -$2,000,000), to remain available until expended, of which not to exceed -$18,427,000 shall be for the renovation or construction of fire -facilities: Provided, That such funds are also available for repayment -of advances to other appropriation accounts from which funds were -previously transferred for such purposes: Provided further, That of -the funds provided $194,000,000 is for fuels management activities: -Provided further, That of the funds provided $20,470,000 (reduced by -$1) (increased by $1) is for burned area rehabilitation: Provided -further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished -subsistence and lodging without cost from funds available from this -appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, -sums received by a bureau or office of the Department of the Interior -for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., -protection of United States property, may be credited to the -appropriation from which funds were expended to provide that -protection, and are available without fiscal year limitation: Provided -further, That using the amounts designated under this title of this -Act, the Secretary of the Interior may enter into procurement -contracts, grants, or cooperative agreements, for fuels management -activities, and for training and monitoring associated with such fuels -management activities on Federal land, or on adjacent non-Federal land -for activities that benefit resources on Federal land: Provided -further, That the costs of implementing any cooperative agreement -between the Federal Government and any non-Federal entity may be -shared, as mutually agreed on by the affected parties: Provided -further, That notwithstanding requirements of the Competition in -Contracting Act, the Secretary, for purposes of fuels management -activities, may obtain maximum practicable competition among: (1) local -private, nonprofit, or cooperative entities; (2) Youth Conservation -Corps crews, Public Lands Corps (Public Law 109-154), or related -partnerships with State, local, or nonprofit youth groups; (3) small or -micro-businesses; or (4) other entities that will hire or train locally -a significant percentage, defined as 50 percent or more, of the project -workforce to complete such contracts: Provided further, That in -implementing this section, the Secretary shall develop written guidance -to field units to ensure accountability and consistent application of -the authorities provided herein: Provided further, That funds -appropriated under this heading may be used to reimburse the United -States Fish and Wildlife Service and the National Marine Fisheries -Service for the costs of carrying out their responsibilities under the -Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and -conference, as required by section 7 of such Act, in connection with -wildland fire management activities: Provided further, That the -Secretary of the Interior may use wildland fire appropriations to enter -into leases of real property with local governments, at or below fair -market value, to construct capitalized improvements for fire facilities -on such leased properties, including but not limited to fire guard -stations, retardant stations, and other initial attack and fire support -facilities, and to make advance payments for any such lease or for -construction activity associated with the lease: Provided further, -That the Secretary of the Interior and the Secretary of Agriculture may -authorize the transfer of funds appropriated for wildland fire -management, in an aggregate amount not to exceed $50,000,000, between -the Departments when such transfers would facilitate and expedite -wildland fire management programs and projects: Provided further, That -funds provided for wildfire suppression shall be available for support -of Federal emergency response actions: Provided further, That funds -appropriated under this heading shall be available for assistance to or -through the Department of State in connection with forest and rangeland -research, technical information, and assistance in foreign countries, -and, with the concurrence of the Secretary of State, shall be available -to support forestry, wildland fire management, and related natural -resource activities outside the United States and its territories and -possessions, including technical assistance, education and training, -and cooperation with United States and international organizations. -Provided further, That of the funds provided under this heading, -$383,657,000 is provided to meet the terms of section -251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit -Control Act of 1985, as amended. - In addition to the amounts provided under this heading for wildfire -suppression operations, $300,000,000, to remain available until -expended, is additional new budget authority as specified for purposes -of section 251(b)(2)(F) of the Balanced Budget and Emergency Deficit -Control Act of 1985, as amended: Provided, That the Secretary of the -Interior may transfer such amounts to the Department of Agriculture for -wildfire suppression operations. - - central hazardous materials fund - - For necessary expenses of the Department of the Interior and any of -its component offices and bureaus for the response action, including -associated activities, performed pursuant to the Comprehensive -Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 -et seq.), $13,010,000, to remain available until expended, of which -$3,000,000, notwithstanding any other provision of law, shall be for -analysis and initiation of radium decontamination and remediation at -any land-grant university that may have been subject to such -contamination as a result of actions of the former United States Bureau -of Mines. - - Natural Resource Damage Assessment and Restoration - - natural resource damage assessment fund - - To conduct natural resource damage assessment, restoration -activities, and onshore oil spill preparedness by the Department of the -Interior necessary to carry out the provisions of the Comprehensive -Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 -et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et -seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 -U.S.C. 100721 et seq., $7,767,000, to remain available until expended. - - working capital fund - - For the operation and maintenance of a departmental financial and -business management system, information technology improvements of -general benefit to the Department, cybersecurity, and the consolidation -of facilities and operations throughout the Department, $69,284,000 -(reduced by $7,000,000), to remain available until expended: Provided, -That none of the funds appropriated in this Act or any other Act may be -used to establish reserves in the Working Capital Fund account other -than for accrued annual leave and depreciation of equipment without -prior approval of the Committees on Appropriations of the House of -Representatives and the Senate: Provided further, That the Secretary -may assess reasonable charges to State, local and tribal government -employees for training services provided by the National Indian Program -Training Center, other than training related to Public Law 93-638: -Provided further, That the Secretary may lease or otherwise provide -space and related facilities, equipment or professional services of the -National Indian Program Training Center to State, local and tribal -government employees or persons or organizations engaged in cultural, -educational, or recreational activities (as defined in section 3306(a) -of title 40, United States Code) at the prevailing rate for similar -space, facilities, equipment, or services in the vicinity of the -National Indian Program Training Center: Provided further, That all -funds received pursuant to the two preceding provisos shall be credited -to this account, shall be available until expended, and shall be used -by the Secretary for necessary expenses of the National Indian Program -Training Center: Provided further, That the Secretary may enter into -grants and cooperative agreements to support the Office of Natural -Resource Revenue's collection and disbursement of royalties, fees, and -other mineral revenue proceeds, as authorized by law. - - administrative provision - - There is hereby authorized for acquisition from available resources -within the Working Capital Fund, aircraft which may be obtained by -donation, purchase or through available excess surplus property: -Provided, That existing aircraft being replaced may be sold, with -proceeds derived or trade-in value used to offset the purchase price -for the replacement aircraft. - - office of natural resources revenue - - For necessary expenses for management of the collection and -disbursement of royalties, fees, and other mineral revenue proceeds, -and for grants and cooperative agreements, as authorized by law, -$147,330,000, to remain available until September 30, 2021; of which -$50,651,000 shall remain available until expended for the purpose of -mineral revenue management activities: Provided, That notwithstanding -any other provision of law, $15,000 shall be available for refunds of -overpayments in connection with certain Indian leases in which the -Secretary concurred with the claimed refund due, to pay amounts owed to -Indian allottees or tribes, or to correct prior unrecoverable erroneous -payments. - - General Provisions, Department of the Interior - - (including transfers of funds) - - emergency transfer authority--intra-bureau - - Sec. 101. Appropriations made in this title shall be available for -expenditure or transfer (within each bureau or office), with the -approval of the Secretary, for the emergency reconstruction, -replacement, or repair of aircraft, buildings, utilities, or other -facilities or equipment damaged or destroyed by fire, flood, storm, or -other unavoidable causes: Provided, That no funds shall be made -available under this authority until funds specifically made available -to the Department of the Interior for emergencies shall have been -exhausted: Provided further, That all funds used pursuant to this -section must be replenished by a supplemental appropriation, which must -be requested as promptly as possible. - - emergency transfer authority--department-wide - - Sec. 102. The Secretary may authorize the expenditure or transfer -of any no year appropriation in this title, in addition to the amounts -included in the budget programs of the several agencies, for emergency -actions related to potential or actual earthquakes, floods, volcanoes, -storms, or other unavoidable causes; for contingency planning -subsequent to actual oil spills; for response and natural resource -damage assessment activities related to actual oil spills or releases -of hazardous substances into the environment; for the prevention, -suppression, and control of actual or potential grasshopper and Mormon -cricket outbreaks on lands under the jurisdiction of the Secretary, -pursuant to the authority in section 417(b) of Public Law 106-224 (7 -U.S.C. 7717(b)); for emergency reclamation projects under section 410 -of Public Law 95-87; and shall transfer, from any no year funds -available to the Office of Surface Mining Reclamation and Enforcement, -such funds as may be necessary to permit assumption of regulatory -authority in the event a primacy State is not carrying out the -regulatory provisions of the Surface Mining Act: Provided, That -appropriations made in this title for wildland fire operations shall be -available for the payment of obligations incurred during the preceding -fiscal year, and for reimbursement to other Federal agencies for -destruction of vehicles, aircraft, or other equipment in connection -with their use for wildland fire operations, with such reimbursement to -be credited to appropriations currently available at the time of -receipt thereof: Provided further, That all funds used pursuant to -this section must be replenished by a supplemental appropriation, which -must be requested as promptly as possible: Provided further, That such -replenishment funds shall be used to reimburse, on a pro rata basis, -accounts from which emergency funds were transferred. - - authorized use of funds - - Sec. 103. Appropriations made to the Department of the Interior in -this title shall be available for services as authorized by section -3109 of title 5, United States Code, when authorized by the Secretary, -in total amount not to exceed $500,000; purchase and replacement of -motor vehicles, including specially equipped law enforcement vehicles; -hire, maintenance, and operation of aircraft; hire of passenger motor -vehicles; purchase of reprints; payment for telephone service in -private residences in the field, when authorized under regulations -approved by the Secretary; and the payment of dues, when authorized by -the Secretary, for library membership in societies or associations -which issue publications to members only or at a price to members lower -than to subscribers who are not members. - - authorized use of funds, indian trust management - - Sec. 104. Appropriations made in this Act under the headings -Bureau of Indian Affairs and Bureau of Indian Education, and Office of -the Special Trustee for American Indians and any unobligated balances -from prior appropriations Acts made under the same headings shall be -available for expenditure or transfer for Indian trust management and -reform activities. Total funding for historical accounting activities -shall not exceed amounts specifically designated in this Act for such -purpose. The Secretary shall notify the House and Senate Committees on -Appropriations within 60 days of the expenditure or transfer of any -funds under this section, including the amount expended or transferred -and how the funds will be used. - - redistribution of funds, bureau of indian affairs - - Sec. 105. Notwithstanding any other provision of law, the -Secretary of the Interior is authorized to redistribute any Tribal -Priority Allocation funds, including tribal base funds, to alleviate -tribal funding inequities by transferring funds to address identified, -unmet needs, dual enrollment, overlapping service areas or inaccurate -distribution methodologies. No tribe shall receive a reduction in -Tribal Priority Allocation funds of more than 10 percent in fiscal year -2020. Under circumstances of dual enrollment, overlapping service areas -or inaccurate distribution methodologies, the 10 percent limitation -does not apply. - - ellis, governors, and liberty islands - - Sec. 106. Notwithstanding any other provision of law, the -Secretary of the Interior is authorized to acquire lands, waters, or -interests therein including the use of all or part of any pier, dock, -or landing within the State of New York and the State of New Jersey, -for the purpose of operating and maintaining facilities in the support -of transportation and accommodation of visitors to Ellis, Governors, -and Liberty Islands, and of other program and administrative -activities, by donation or with appropriated funds, including franchise -fees (and other monetary consideration), or by exchange; and the -Secretary is authorized to negotiate and enter into leases, subleases, -concession contracts or other agreements for the use of such facilities -on such terms and conditions as the Secretary may determine reasonable. - - outer continental shelf inspection fees - - Sec. 107. (a) In fiscal year 2020, the Secretary shall collect a -nonrefundable inspection fee, which shall be deposited in the -``Offshore Safety and Environmental Enforcement'' account, from the -designated operator for facilities subject to inspection under 43 -U.S.C. 1348(c). - (b) Annual fees shall be collected for facilities that are above -the waterline, excluding drilling rigs, and are in place at the start -of the fiscal year. Fees for fiscal year 2020 shall be-- - (1) $11,500 for facilities with no wells, but with - processing equipment or gathering lines; - (2) $18,500 for facilities with 1 to 10 wells, with any - combination of active or inactive wells; and - (3) $34,500 for facilities with more than 10 wells, with - any combination of active or inactive wells. - (c) Fees for drilling rigs shall be assessed for all inspections -completed in fiscal year 2020. Fees for fiscal year 2020 shall be-- - (1) $33,500 per inspection for rigs operating in water - depths of 500 feet or more; and - (2) $18,500 per inspection for rigs operating in water - depths of less than 500 feet. - (d) Fees for inspection of well operations conducted via non-rig -units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be -assessed for all inspections completed in fiscal year 2020. Fees for -fiscal year 2020 shall be-- - (1) $13,260 per inspection for non-rig units operating in - water depths of 2,500 feet or more; - (2) $11,530 per inspection for non-rig units operating in - water depths between 500 and 2,499 feet; and - (3) $4,470 per inspection for non-rig units operating in - water depths of less than 500 feet. - (e) The Secretary shall bill designated operators under subsection -(b) quarterly, with payment required within 30 days of billing. The -Secretary shall bill designated operators under subsections (c) and (d) -within 30 days of the end of the month in which the inspection -occurred, with payment required within 30 days of billing. - - disclosure of waivers - - Sec. 108. (a) Subject to subsection (b), in any case in which the -Bureau of Safety and Environmental Enforcement or the Bureau of Ocean -Energy Management issues any waiver, departure, deviation, variance, or -any other alternative compliance authorization from any law, rule, -regulation, or other directive, the head of such bureau shall post a -copy of such waiver, departure, deviation, variance, or other -alternative compliance authorization on such bureau's publically -available website not more than 3 business days after such issuance. - (b) The head of each bureau may redact confidential business -information. - - contracts and agreements for wild horse and burro holding facilities - - Sec. 109. Notwithstanding any other provision of this Act, the -Secretary of the Interior may enter into multiyear cooperative -agreements with nonprofit organizations and other appropriate entities, -and may enter into multiyear contracts in accordance with the -provisions of section 3903 of title 41, United States Code (except that -the 5-year term restriction in subsection (a) shall not apply), for the -long-term care and maintenance of excess wild free roaming horses and -burros by such organizations or entities on private land. Such -cooperative agreements and contracts may not exceed 10 years, subject -to renewal at the discretion of the Secretary. - - mass marking of salmonids - - Sec. 110. The United States Fish and Wildlife Service shall, in -carrying out its responsibilities to protect threatened and endangered -species of salmon, implement a system of mass marking of salmonid -stocks, intended for harvest, that are released from federally operated -or federally financed hatcheries including but not limited to fish -releases of coho, chinook, and steelhead species. Marked fish must have -a visible mark that can be readily identified by commercial and -recreational fishers. - - contracts and agreements with indian affairs - - Sec. 111. Notwithstanding any other provision of law, during -fiscal year 2020, in carrying out work involving cooperation with -State, local, and tribal governments or any political subdivision -thereof, Indian Affairs may record obligations against accounts -receivable from any such entities, except that total obligations at the -end of the fiscal year shall not exceed total budgetary resources -available at the end of the fiscal year. - - humane transfer of excess animals - - Sec. 112. Notwithstanding any other provision of law, the -Secretary of the Interior may transfer excess wild horses or burros -that have been removed from the public lands to other Federal, State, -and local government agencies for use as work animals: Provided, That -the Secretary may make any such transfer immediately upon request of -such Federal, State, or local government agency: Provided further, -That any excess animal transferred under this provision shall lose its -status as a wild free-roaming horse or burro as defined in the Wild -Free-Roaming Horses and Burros Act: Provided further, That any -Federal, State, or local government agency receiving excess wild horses -or burros as authorized in this section shall not: destroy the horses -or burros in a way that results in their destruction into commercial -products; sell or otherwise transfer the horses or burros in a way that -results in their destruction for processing into commercial products; -or euthanize the horses or burros except upon the recommendation of a -licensed veterinarian, in cases of severe injury, illness, or advanced -age. - - department of the interior experienced services program - - Sec. 113. (a) Notwithstanding any other provision of law relating -to Federal grants and cooperative agreements, the Secretary of the -Interior is authorized to make grants to, or enter into cooperative -agreements with, private nonprofit organizations designated by the -Secretary of Labor under title V of the Older Americans Act of 1965 to -utilize the talents of older Americans in programs authorized by other -provisions of law administered by the Secretary and consistent with -such provisions of law. - (b) Prior to awarding any grant or agreement under subsection (a), -the Secretary shall ensure that the agreement would not-- - (1) result in the displacement of individuals currently - employed by the Department, including partial displacement - through reduction of non-overtime hours, wages, or employment - benefits; - (2) result in the use of an individual under the Department - of the Interior Experienced Services Program for a job or - function in a case in which a Federal employee is in a layoff - status from the same or substantially equivalent job within the - Department; or - (3) affect existing contracts for services. - - payments in lieu of taxes (pilt) - - Sec. 114. Section 6906 of title 31, United States Code, is amended -by striking ``fiscal year 2019'' and inserting ``fiscal year 2020''. - - republic of the marshall islands - - Sec. 115. As authorized in section 111(d) of the Compact of Free -Association Act of 1985 (Public Law 99-239; 99 Stat. 1799; 48 U.S.C. -1911) and section 108(b) of the Compact of Free Association Amendments -Act of 2003 (Public Law 108-188; 117 Stat. 2755; 48 U.S.C. 1921g), -$5,000,000 is hereby appropriated to the Secretary of the Interior, to -remain available until expended by the Secretary, for the Republic of -the Marshall Islands to deposit in the Compact Trust Fund of the -Republic of the Marshall Islands as compensation for adverse financial -and economic impacts resulting from the effect of title IV of the -Compact of Free Association Act of 1985 (Public Law 99-239; 99 Stat. -1799; 48 U.S.C. 1911) upon title II of the Compact. - - obligation of funds - - Sec. 116. Amounts appropriated by this Act to the Department of -the Interior shall be available for obligation and expenditure not -later than 60 days after the date of enactment of this Act. - - restriction on use of funds - - Sec. 117. Before the final 2019-2024 Outer Continental Shelf Oil -and Gas Leasing Program, or any plan that is dated later than 2017- -2022, is published in the Federal Register, none of the funds made -available to the Department of Interior by this or any other Act may be -used to conduct offshore oil and gas pre-leasing, leasing and related -activities for any lease sale proposed in the Draft Proposed Program -described in the ``Notice of Availability of the 2019-2024 Draft -Proposed Outer Continental Shelf Oil and Gas Leasing Program and Notice -of Intent to Prepare a Programmatic Environmental Impact Statement'' -published in the Federal Register on January 8, 2018 (83 Fed. Reg. -829), unless such sale was also contained in the 2017-2022 Outer -Continental Shelf Oil and Gas Proposed Final Program described in the -``Notice of Availability of the 2017-2022 Outer Continental Shelf Oil -and Gas Leasing Proposed Final Program'' published in the Federal -Register on November 23, 2016 (81 Fed. Reg. 84612). - - funding restriction - - Sec. 118. None of the funds made available to the Department of -the Interior by this or any other Act may be used to conduct a lease -sale pursuant to section 20001(c)(1) of Public Law 115-97 which does -not contain a national minimum acceptable bid amount sufficient to -produce Federal receipts to the Treasury, net of any state share, of no -less than 50 percent of the amount required by section 2001(b) of H. -Con. Res. 71, the concurrent resolution on the budget for fiscal year -2018, as agreed to on October 26, 2017. - - extension of authorities - - Sec. 119. (a) Section 512 of title V of division J of Public Law -108-447 is amended by striking ``on the date that is 15 years after the -date that funds are first made available for this title.'' and -inserting ``after September 30, 2022.''. - (b) Section 608 of title VI of division J of Public Law 108-447 is -amended by striking ``the expiration of the 15-year period beginning on -the date that funds are first made available for this title.'' and -inserting ``September 30, 2022.''. - (c) Section 109 of title I of Public Law 103-449, as amended by -Public Law 111-11, title VIII section 8201(c), is further amended by -striking ``$15,000,000'' and inserting ``$17,000,000''. - (d) Section 608(a) of division II of Public Law 104-333, as amended -by Public Law 110-229 section 461, is further amended by striking -``$15,000,000'' and inserting ``$17,000,000''. - (e) Section 810(a)(1) of title VIII of division B of appendix D of -Public Law 106-554, as amended by Public Law 115-31, division G, title -I section 115(b), is further amended by striking ``$12,000,000'' and -inserting ``$14,000,000''. - - separation of accounts - - Sec. 120. The Secretary of the Interior, in order to implement an -orderly transition to separate accounts of the Bureau of Indian Affairs -and the Bureau of Indian Education, may transfer funds among and -between the successor offices and bureaus affected by the -reorganization only in conformance with the reprogramming guidelines -described in this Act. - - TITLE II - - ENVIRONMENTAL PROTECTION AGENCY - - Science and Technology - - For science and technology, including research and development -activities, which shall include research and development activities -under the Comprehensive Environmental Response, Compensation, and -Liability Act of 1980; necessary expenses for personnel and related -costs and travel expenses; procurement of laboratory equipment and -supplies; and other operating expenses in support of research and -development, $727,633,000 (reduced by $8,000,000) (increased by -$8,000,000), to remain available until September 30, 2021: Provided, -That of the funds included under this heading, $6,000,000 shall be for -Research: National Priorities as specified in the report accompanying -this Act. - - Environmental Programs and Management - - For environmental programs and management, including necessary -expenses, not otherwise provided for, for personnel and related costs -and travel expenses; hire of passenger motor vehicles; hire, -maintenance, and operation of aircraft; purchase of reprints; library -memberships in societies or associations which issue publications to -members only or at a price to members lower than to subscribers who are -not members; administrative costs of the brownfields program under the -Small Business Liability Relief and Brownfields Revitalization Act of -2002; implementation of a coal combustion residual permit program under -section 2301 of the Water and Waste Act of 2016; and not to exceed -$9,000 for official reception and representation expenses, -$2,707,704,000 (reduced by $2,000,000) (increased by $2,000,000) -(reduced by $3,000,000) (increased by $3,000,000) (increased by -$500,000) (reduced by $500,000) (increased by $25,000) (reduced by -$25,000) (reduced by $2,000,000) (increased by $2,000,000) (reduced by -$500,000) (increased by $500,000) (increased by $1,000,000), to remain -available until September 30, 2021: Provided, That of the funds -included under this heading, $17,700,000 shall be for Environmental -Protection: National Priorities as specified in the report accompanying -this Act. Provided further, That of the funds included under this -heading, $501,958,000 (reduced by $1) (increased by $1) shall be for -Geographic Programs specified in the report accompanying this Act. - In addition, $5,000,000 to remain available until expended, for -necessary expenses of activities described in section 26(b)(1) of the -Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That -fees collected pursuant to that section of that Act and deposited in -the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in -fiscal year 2020 shall be retained and used for necessary salaries and -expenses in this appropriation and shall remain available until -expended: Provided further, That the sum herein appropriated in this -paragraph from the general fund for fiscal year 2020 shall be reduced -by the amount of discretionary offsetting receipts received during -fiscal year 2020, so as to result in a final fiscal year 2020 -appropriation from the general fund estimated at not more than $0: -Provided further, That to the extent that amounts realized from such -receipts exceed $5,000,000, those amount in excess of $5,000,000 shall -be deposited in the ``TSCA Service Fee Fund'' as discretionary -offsetting receipts in fiscal year 2020, shall be retained and used for -necessary salaries and expenses in this account, and shall remain -available until expended: Provided further, That of the funds included -in the first paragraph under this heading, the Chemical Risk Review and -Reduction program project shall be allocated for this fiscal year, -excluding the amount of any fees appropriated, not less than the amount -of appropriations for that program project for fiscal year 2014. - - Hazardous Waste Electronic Manifest System Fund - - For necessary expenses to carry out section 3024 of the Solid Waste -Disposal Act (42 U.S.C. 6939g), including the development, operation, -maintenance, and upgrading of the hazardous waste electronic manifest -system established by such section, $8,000,000, to remain available -until expended: Provided, That the sum herein appropriated from the -general fund shall be reduced as offsetting collections under such -section 3024 are received during fiscal year 2020, which shall remain -available until expended and be used for necessary expenses in this -appropriation, so as to result in a final fiscal year 2020 -appropriation from the general fund estimated at not more than $0: -Provided further, That to the extent such offsetting collections -received in fiscal year 2020 exceed $8,000,000, those excess amounts -shall remain available until expended and be used for necessary -expenses in this appropriation. - - Office of Inspector General - - For necessary expenses of the Office of Inspector General in -carrying out the provisions of the Inspector General Act of 1978, -$48,514,000, to remain available until September 30, 2021. - - Buildings and Facilities - - For construction, repair, improvement, extension, alteration, and -purchase of fixed equipment or facilities of, or for use by, the -Environmental Protection Agency, $39,553,000, to remain available until -expended. - - Hazardous Substance Superfund - - (including transfers of funds) - - For necessary expenses to carry out the Comprehensive Environmental -Response, Compensation, and Liability Act of 1980 (CERCLA), including -sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and -hire, maintenance, and operation of aircraft, $1,214,648,000, to remain -available until expended, consisting of such sums as are available in -the Trust Fund on September 30, 2019, as authorized by section 517(a) -of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and -up to $1,214,648,000 (reduced by $1,000,000) (increased by $1,000,000) -as a payment from general revenues to the Hazardous Substance Superfund -for purposes as authorized by section 517(b) of SARA: Provided, That -funds appropriated under this heading may be allocated to other Federal -agencies in accordance with section 111(a) of CERCLA: Provided -further, That of the funds appropriated under this heading, $9,586,000 -shall be paid to the ``Office of Inspector General'' appropriation to -remain available until September 30, 2021, and $30,496,000 shall be -paid to the ``Science and Technology'' appropriation to remain -available until September 30, 2021. - - Leaking Underground Storage Tank Trust Fund Program - - For necessary expenses to carry out leaking underground storage -tank cleanup activities authorized by subtitle I of the Solid Waste -Disposal Act, $94,410,000, to remain available until expended, of which -$69,041,000 shall be for carrying out leaking underground storage tank -cleanup activities authorized by section 9003(h) of the Solid Waste -Disposal Act; $25,369,000 shall be for carrying out the other -provisions of the Solid Waste Disposal Act specified in section 9508(c) -of the Internal Revenue Code: Provided, That the Administrator is -authorized to use appropriations made available under this heading to -implement section 9013 of the Solid Waste Disposal Act to provide -financial assistance to federally recognized Indian tribes for the -development and implementation of programs to manage underground -storage tanks. - - Inland Oil Spill Programs - - For expenses necessary to carry out the Environmental Protection -Agency's responsibilities under the Oil Pollution Act of 1990, -including hire, maintenance, and operation of aircraft, $23,237,000, to -be derived from the Oil Spill Liability trust fund, to remain available -until expended. - - State and Tribal Assistance Grants - - For environmental programs and infrastructure assistance, including -capitalization grants for State revolving funds and performance -partnership grants, $4,620,992,000 (increased by $5,000,000) (reduced -by $5,000,000), to remain available until expended, of which-- - (1) $1,784,000,000 shall be for making capitalization - grants for the Clean Water State Revolving Funds under title VI - of the Federal Water Pollution Control Act; and of which - $1,300,000,000 shall be for making capitalization grants for - the Drinking Water State Revolving Funds under section 1452 of - the Safe Drinking Water Act: Provided, That for fiscal year - 2020, to the extent there are sufficient eligible project - applications and projects are consistent with State Intended - Use Plans, not less than 10 percent of the funds made available - under this title to each State for Clean Water State Revolving - Fund capitalization grants shall be used by the State for - projects to address green infrastructure, water or energy - efficiency improvements, or other environmentally innovative - activities: Provided further, That for fiscal year 2020, funds - made available under this title to each State for Drinking - Water State Revolving Fund capitalization grants may, at the - discretion of each State, be used for projects to address green - infrastructure, water or energy efficiency improvements, or - other environmentally innovative activities: Provided further, - That notwithstanding section 603(d)(7) of the Federal Water - Pollution Control Act, the limitation on the amounts in a State - water pollution control revolving fund that may be used by a - State to administer the fund shall not apply to amounts - included as principal in loans made by such fund in fiscal year - 2020 and prior years where such amounts represent costs of - administering the fund to the extent that such amounts are or - were deemed reasonable by the Administrator, accounted for - separately from other assets in the fund, and used for eligible - purposes of the fund, including administration: Provided - further, That for fiscal year 2020, notwithstanding the - provisions of subsections (g)(1), (h), and (l) of section 201 - of the Federal Water Pollution Control Act, grants made under - title II of such Act for American Samoa, Guam, the commonwealth - of the Northern Marianas, the United States Virgin Islands, and - the District of Columbia may also be made for the purpose of - providing assistance: (1) solely for facility plans, design - activities, or plans, specifications, and estimates for any - proposed project for the construction of treatment works; and - (2) for the construction, repair, or replacement of privately - owned treatment works serving one or more principal residences - or small commercial establishments: Provided further, That for - fiscal year 2020, notwithstanding the provisions of such - subsections (g)(1), (h), and (l) of section 201 and section - 518(c) of the Federal Water Pollution Control Act, funds - reserved by the Administrator for grants under section 518(c) - of the Federal Water Pollution Control Act may also be used to - provide assistance: (1) solely for facility plans, design - activities, or plans, specifications, and estimates for any - proposed project for the construction of treatment works; and - (2) for the construction, repair, or replacement of privately - owned treatment works serving one or more principal residences - or small commercial establishments: Provided further, That for - fiscal year 2020, notwithstanding any provision of the Federal - Water Pollution Control Act and regulations issued pursuant - thereof, up to a total of $2,000,000 of the funds reserved by - the Administrator for grants under section 518(c) of such Act - may also be used for grants for training, technical assistance, - and educational programs relating to the operation and - management of the treatment works specified in section 518(c) - of such Act: Provided further, That for fiscal year 2020, - funds reserved under section 518(c) of such Act shall be - available for grants only to Indian tribes, as defined in - section 518(h) of such Act and former Indian reservations in - Oklahoma (as determined by the Secretary of the Interior) and - Native Villages as defined in Public Law 92-203: Provided - further, That for fiscal year 2020, notwithstanding the - limitation on amounts in section 518(c) of the Federal Water - Pollution Control Act, up to a total of 2 percent of the funds - appropriated, or $30,000,000, whichever is greater, and - notwithstanding the limitation on amounts in section 1452(i) of - the Safe Drinking Water Act, up to a total of 2 percent of the - funds appropriated, or $20,000,000, whichever is greater, for - State Revolving Funds under such Acts may be reserved by the - Administrator for grants under section 518(c) and section - 1452(i) of such Acts: Provided further, That for fiscal year - 2020, notwithstanding the amounts specified in section 205(c) - of the Federal Water Pollution Control Act, up to 1.5 percent - of the aggregate funds appropriated for the Clean Water State - Revolving Fund program under the Act less any sums reserved - under section 518(c) of the Act, may be reserved by the - Administrator for grants made under title II of the Federal - Water Pollution Control Act for American Samoa, Guam, the - Commonwealth of the Northern Marianas, and United States Virgin - Islands: Provided further, That for fiscal year 2020, - notwithstanding the limitations on amounts specified in section - 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of - the funds appropriated for the Drinking Water State Revolving - Fund programs under the Safe Drinking Water Act may be reserved - by the Administrator for grants made under section 1452(j) of - the Safe Drinking Water Act: Provided further, That 10 percent - of the funds made available under this title to each State for - Clean Water State Revolving Fund capitalization grants and 14 - percent of the funds made available under this title to each - State for Drinking Water State Revolving Fund capitalization - grants shall be used by the State to provide additional subsidy - to eligible recipients in the form of forgiveness of principal, - negative interest loans, or grants (or any combination of - these), and shall be so used by the State only where such funds - are provided as initial financing for an eligible recipient or - to buy, refinance, or restructure the debt obligations of - eligible recipients only where such debt was incurred on or - after the date of enactment of this Act, or where such debt was - incurred prior to the date of enactment of this Act if the - State, with concurrence from the Administrator, determines that - such funds could be used to help address a threat to public - health from heightened exposure to lead in drinking water or if - a Federal or State emergency declaration has been issued due to - a threat to public health from heightened exposure to lead in a - municipal drinking water supply before the date of enactment of - this Act: Provided further, That in a State in which such an - emergency declaration has been issued, the State may use more - than 14 percent of the funds made available under this title to - the State for Drinking Water State Revolving Fund - capitalization grants to provide additional subsidy to eligible - recipients; - (2) $30,000,000 (increased by $10,000,000) (reduced by - $10,000,000) shall be for architectural, engineering, planning, - design, construction and related activities in connection with - the construction of high priority water and wastewater - facilities in the area of the United States-Mexico Border, - after consultation with the appropriate border commission: - Provided, That no funds provided by this appropriations Act to - address the water, wastewater and other critical infrastructure - needs of the colonias in the United States along the United - States-Mexico border shall be made available to a county or - municipal government unless that government has established an - enforceable local ordinance, or other zoning rule, which - prevents in that jurisdiction the development or construction - of any additional colonia areas, or the development within an - existing colonia the construction of any new home, business, or - other structure which lacks water, wastewater, or other - necessary infrastructure; - (3) $20,000,000 shall be for grants to the State of Alaska - to address drinking water and wastewater infrastructure needs - of rural and Alaska Native Villages: Provided, That of these - funds: (A) the State of Alaska shall provide a match of 25 - percent; (B) no more than 5 percent of the funds may be used - for administrative and overhead expenses; and (C) the State of - Alaska shall make awards consistent with the Statewide priority - list established in conjunction with the Agency and the United - States Department of Agriculture for all water, sewer, waste - disposal, and similar projects carried out by the State of - Alaska that are funded under section 221 of the Federal Water - Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm - and Rural Development Act (7 U.S.C. 1921 et seq.) which shall - allocate not less than 25 percent of the funds provided for - projects in regional hub communities; - (4) $105,000,000 shall be to carry out section 104(k) of - the Comprehensive Environmental Response, Compensation, and - Liability Act of 1980 (CERCLA), including grants, interagency - agreements, and associated program support costs: Provided, - That not more than 25 percent of the amount appropriated to - carry out section 104(k) of CERCLA shall be used for site - characterization, assessment, and remediation of facilities - described in section 101(39)(D)(ii)(II) of CERCLA: Provided - further, That at least 10 percent shall be allocated for - assistance in persistent poverty counties: Provided further, - That for purposes of this section, the term ``persistent - poverty counties'' means any county that has had 20 percent or - more of its population living in poverty over the past 30 - years, as measured by the 1990 and 2000 decennial censuses and - the most recent Small Area Income and Poverty Estimates, or any - territory or possession of the United States; - (5) $55,000,000 (increased by $5,000,000) (reduced by - $5,000,000) shall be for grants under title VII, subtitle G of - the Energy Policy Act of 2005; - (6) $30,000,000 shall be for targeted airshed grants in - accordance with the terms and conditions in the report - accompanying this Act; - (7) $4,000,000 shall be to carry out the water quality - program authorized in section 5004(d) of the Water - Infrastructure Improvements for the Nation Act (Public Law 114- - 322); - (8) $25,000,000 shall be for grants and other activities - under subsections (a) through (j) of section 1459A of the Safe - Drinking Water Act (42 U.S.C. 300j-19a)); - (9) $25,000,000 shall be for grants and other activities - under section 1464(d) of the Safe Drinking Water Act (42 U.S.C. - 300j-24(d)); - (10) $20,000,000 (reduced by $5,000,000) (increased by - $5,000,000) shall be for grants under section 1459B of the Safe - Drinking Water Act (42 U.S.C. 300j-19b)); - (11) $4,000,000 shall be for grants under section 1459A(l) - of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l)); - (12) $13,000,000 shall be for grants under section - 104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C. - 1254(b)(8)); - (13) $90,000,000 (reduced by $10,000,000) (increased by - $10,000,000) shall be for grants under section 221 of the - Federal Water Pollution Control Act (33 U.S.C. 1301); - (14) $1,000,000 shall be for grants under section 4304(b) - of America's Water Infrastructure Act of 2018 (Public Law 115- - 270); and - (15) $1,114,992,000 (increased by $1,000,000) (reduced by - $1,000,000) shall be for grants, including associated program - support costs, to States, federally recognized tribes, - interstate agencies, tribal consortia, and air pollution - control agencies for multi-media or single media pollution - prevention, control and abatement and related activities, - including activities pursuant to the provisions set forth under - this heading in Public Law 104-134, and for making grants under - section 103 of the Clean Air Act for particulate matter - monitoring and data collection activities subject to terms and - conditions specified by the Administrator, of which: - $47,745,000 shall be for carrying out section 128 of CERCLA; - $9,646,000 shall be for Environmental Information Exchange - Network grants, including associated program support costs; - $1,498,000 shall be for grants to States under section - 2007(f)(2) of the Solid Waste Disposal Act, which shall be in - addition to funds appropriated under the heading ``Leaking - Underground Storage Tank Trust Fund Program'' to carry out the - provisions of the Solid Waste Disposal Act specified in section - 9508(c) of the Internal Revenue Code other than section 9003(h) - of the Solid Waste Disposal Act; $17,848,000 of the funds - available for grants under section 106 of the Federal Water - Pollution Control Act shall be for State participation in - national- and State-level statistical surveys of water - resources and enhancements to State monitoring programs. - - Water Infrastructure Finance and Innovation Program Account - - For the cost of direct loans and for the cost of guaranteed loans, -as authorized by the Water Infrastructure Finance and Innovation Act of -2014, $45,000,000, to remain available until expended: Provided, That -such costs, including the cost of modifying such loans, shall be as -defined in section 502 of the Congressional Budget Act of 1974: -Provided further, That these funds are available to subsidize gross -obligations for the principal amount of direct loans, including -capitalized interest, and total loan principal, including capitalized -interest, any part of which is to be guaranteed, not to exceed -$5,490,000,000. - In addition, fees authorized to be collected pursuant to sections -5029 and 5030 of the Water Infrastructure Finance and Innovation Act of -2014 shall be deposited in this account, to remain available until -expended. - In addition, for administrative expenses to carry out the direct -and guaranteed loan programs, notwithstanding section 5033 of the Water -Infrastructure Finance and Innovation Act of 2014, $5,000,000, to -remain available until September 30, 2021. - - Administrative Provisions--Environmental Protection Agency - - (including transfers of funds) - - For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and -6305(1), the Administrator of the Environmental Protection Agency, in -carrying out the Agency's function to implement directly Federal -environmental programs required or authorized by law in the absence of -an acceptable tribal program, may award cooperative agreements to -federally recognized Indian tribes or Intertribal consortia, if -authorized by their member tribes, to assist the Administrator in -implementing Federal environmental programs for Indian tribes required -or authorized by law, except that no such cooperative agreements may be -awarded from funds designated for State financial assistance -agreements. - The Administrator of the Environmental Protection Agency is -authorized to collect and obligate pesticide registration service fees -in accordance with section 33 of the Federal Insecticide, Fungicide, -and Rodenticide Act, as amended by Public Law 116-8, the Pesticide -Registration Improvement Extension Act of 2018. - Notwithstanding section 33(d)(2) of the Federal Insecticide, -Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the -Administrator of the Environmental Protection Agency may assess fees -under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2020. - The Administrator is authorized to transfer up to $320,000,000 of -the funds appropriated for the Great Lakes Restoration Initiative under -the heading ``Environmental Programs and Management'' to the head of -any Federal department or agency, with the concurrence of such head, to -carry out activities that would support the Great Lakes Restoration -Initiative and Great Lakes Water Quality Agreement programs, projects, -or activities; to enter into an interagency agreement with the head of -such Federal department or agency to carry out these activities; and to -make grants to governmental entities, nonprofit organizations, -institutions, and individuals for planning, research, monitoring, -outreach, and implementation in furtherance of the Great Lakes -Restoration Initiative and the Great Lakes Water Quality Agreement. - The Science and Technology, Environmental Programs and Management, -Office of Inspector General, Hazardous Substance Superfund, and Leaking -Underground Storage Tank Trust Fund Program Accounts, are available for -the construction, alteration, repair, rehabilitation, and renovation of -facilities, provided that the cost does not exceed $150,000 per -project. - For fiscal year 2020, and notwithstanding section 518(f) of the -Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the -Administrator is authorized to use the amounts appropriated for any -fiscal year under section 319 of the Act to make grants to Indian -tribes pursuant to sections 319(h) and 518(e) of that Act. - The Administrator is authorized to use the amounts appropriated -under the heading ``Environmental Programs and Management'' for fiscal -year 2020 to provide grants to implement the Southeastern New England -Watershed Restoration Program. - Notwithstanding the limitations on amounts in section 320(i)(2)(B) -of the Federal Water Pollution Control Act, not less than $4,000,000 of -the funds made available under this title for the National Estuary -Program shall be for making competitive awards described in section -320(g)(4). - The fourth paragraph under heading ``Administrative Provisions'' in -title II of Public Law 109-54 is amended by striking ``2020'' and -inserting ``2025''. - - TITLE III - - RELATED AGENCIES - - DEPARTMENT OF AGRICULTURE - - office of the under secretary for natural resources and environment - - For necessary expenses of the Office of the Under Secretary for -Natural Resources and Environment, $875,000: Provided, That funds made -available by this Act to any agency in the Natural Resources and -Environment mission area for salaries and expenses are available to -fund up to one administrative support staff for the office. - - Forest Service - - forest service operations - - (including transfers of funds) - - For necessary expenses of the Forest Service, not otherwise -provided for, $921,849,000 to remain available through September 30, -2021, for: (1) the base salary and expenses of permanent employees -carrying out administrative and general management support functions of -the Forest Service; (2) the costs of leases for buildings and sites -where such support functions take place; (3) the costs of utility and -telecommunication expenses, business services, and information -technology, including cybersecurity requirements; and (4) such other -administrative support function expenses necessary for the operation of -the Forest Service: Provided, That not to exceed $565,713,000 shall be -available for the base salaries and expenses described in paragraph -(1): Provided further, That any unobligated balances available to the -Forest Service from prior fiscal years for the purposes described under -this heading shall be transferred to and merged with this account: -Provided further, That any funding for the purposes described under -this heading that are authorized to be paid by permanent funds or trust -funds of the Forest Service shall be transferred to and merged with -this account: Provided further, That none of the funds provided to the -Forest Service under this Act (other than under this heading) may be -used to fund indirect expenses that before the date of the enactment of -this Act were provided for through discretionary cost pools. - - forest and rangeland research - - For necessary expenses of forest and rangeland research as -authorized by law, $277,155,000, to remain available through September -30, 2023: Provided, That of the funds provided, $73,174,000 is for the -forest inventory and analysis program: Provided further, That all -authorities for the use of funds, including the use of contracts, -grants, and cooperative agreements, available to execute the Forest and -Rangeland Research appropriation, are also available in the utilization -of these funds for Fire Science Research. - - state and private forestry - - For necessary expenses of cooperating with and providing technical -and financial assistance to States, territories, possessions, and -others, and for forest health management, and conducting an -international program as authorized, $382,894,000 (increased by -$2,000,000) (reduced by $2,000,000), to remain available through -September 30, 2023, as authorized by law; of which $75,000,000 is to be -derived from the Land and Water Conservation Fund to be used for the -Forest Legacy Program, to remain available until expended. - - national forest system - - For necessary expenses of the Forest Service, not otherwise -provided for, for management, protection, improvement, and utilization -of the National Forest System, and for hazardous fuels management on or -adjacent to such lands, $1,599,308,000 (reduced by $10,000,000) -(increased by $10,000,000) (increased by $1,000,000) (reduced by -$1,000,000) (increased by $3,000,000), to remain available through -September 30, 2023: Provided, That of the funds provided, $35,526,000 -(reduced by $1,000,000) (increased by $1,000,000) shall be deposited in -the Collaborative Forest Landscape Restoration Fund for ecological -restoration treatments as authorized by 16 U.S.C. 7303(f): Provided -further, That of the funds provided, $276,603,000 shall be for forest -products: Provided further, That of the funds provided, $390,169,000 -(increased by $3,000,000) shall be for hazardous fuels management -activities, of which not to exceed $15,000,000 may be used to make -grants, using any authorities available to the Forest Service under the -``State and Private Forestry'' appropriation, for the purpose of -creating incentives for increased use of biomass from National Forest -System lands: Provided further, That $20,000,000 may be used by the -Secretary of Agriculture to enter into procurement contracts or -cooperative agreements or to issue grants for hazardous fuels -management activities, and for training or monitoring associated with -such hazardous fuels management activities on Federal land, or on non- -Federal land if the Secretary determines such activities benefit -resources on Federal land: Provided further, That funds made available -to implement the Community Forestry Restoration Act, Public Law 106- -393, title VI, shall be available for use on non-Federal lands in -accordance with authorities made available to the Forest Service under -the ``State and Private Forestry'' appropriations: Provided further, -That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act -(7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for -grazing on a National Grassland, may provide a credit of up to 50 -percent of the calculated fee to a Grazing Association or direct -permittee for a conservation practice approved by the Secretary in -advance of the fiscal year in which the cost of the conservation -practice is incurred. And, that the amount credited shall remain -available to the Grazing Association or the direct permittee, as -appropriate, in the fiscal year in which the credit is made and each -fiscal year thereafter for use on the project for conservation -practices approved by the Secretary. - - capital improvement and maintenance - - For necessary expenses of the Forest Service, not otherwise -provided for, $419,103,000 (reduced by $1) (increased by $1), to remain -available through September 30, 2023, for construction, capital -improvement, maintenance and acquisition of buildings and other -facilities and infrastructure; and for construction, reconstruction, -decommissioning of roads that are no longer needed, including -unauthorized roads that are not part of the transportation system, and -maintenance of forest roads and trails by the Forest Service as -authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, -That funds becoming available in fiscal year 2020 under the Act of -March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund -of the Treasury and shall not be available for transfer or obligation -for any other purpose unless the funds are appropriated. - - land acquisition - - For expenses necessary to carry out the provisions of chapter 2003 -of title 54, United States Code, including administrative expenses, and -for acquisition of land or waters, or interest therein, in accordance -with statutory authority applicable to the Forest Service, $90,000,000, -to be derived from the Land and Water Conservation Fund and to remain -available until expended. - - acquisition of lands for national forests special acts - - For acquisition of lands within the exterior boundaries of the -Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National -Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland -National Forests, California; and the Ozark-St. Francis and Ouachita -National Forests, Arkansas; as authorized by law, $700,000, to be -derived from forest receipts. - - acquisition of lands to complete land exchanges - - For acquisition of lands, such sums, to be derived from funds -deposited by State, county, or municipal governments, public school -districts, or other public school authorities, and for authorized -expenditures from funds deposited by non-Federal parties pursuant to -Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 -(16 U.S.C. 484a), to remain available through September 30, 2022, (16 -U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; -and Public Law 78-310). - - range betterment fund - - For necessary expenses of range rehabilitation, protection, and -improvement, 50 percent of all moneys received during the prior fiscal -year, as fees for grazing domestic livestock on lands in National -Forests in the 16 Western States, pursuant to section 401(b)(1) of -Public Law 94-579, to remain available through September 30, 2023, of -which not to exceed 6 percent shall be available for administrative -expenses associated with on-the-ground range rehabilitation, -protection, and improvements. - - gifts, donations and bequests for forest and rangeland research - - For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain -available through September 30, 2023, to be derived from the fund -established pursuant to the above Act. - - management of national forest lands for subsistence uses - - For necessary expenses of the Forest Service to manage Federal -lands in Alaska for subsistence uses under title VIII of the Alaska -National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), -$2,500,000, to remain available through September 30, 2023. - - wildland fire management - - (including transfers of funds) - - For necessary expenses for forest fire presuppression activities on -National Forest System lands, for emergency wildland fire suppression -on or adjacent to such lands or other lands under fire protection -agreement, and for emergency rehabilitation of burned-over National -Forest System lands and water, $2,009,545,000 (increased by -$2,000,000), to remain available through September 30, 2023: Provided, -That such funds including unobligated balances under this heading, are -available for repayment of advances from other appropriations accounts -previously transferred for such purposes: Provided further, That any -unobligated funds appropriated in a previous fiscal year for hazardous -fuels management may be transferred to the ``National Forest System'' -account: Provided further, That such funds shall be available to -reimburse State and other cooperating entities for services provided in -response to wildfire and other emergencies or disasters to the extent -such reimbursements by the Forest Service for non-fire emergencies are -fully repaid by the responsible emergency management agency: Provided -further, That funds provided shall be available for support to Federal -emergency response: Provided further, That the costs of implementing -any cooperative agreement between the Federal Government and any non- -Federal entity may be shared, as mutually agreed on by the affected -parties: Provided further, That of the funds provided under this -heading, $1,011,000,000 shall be available for wildfire suppression -operations, and is provided to meet the terms of section -251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit -Control Act of 1985, as amended. - In addition to the amounts provided under this heading for -wildfire suppression operations, $1,950,000,000, to remain available -until expended, is additional new budget authority as specified for -purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency -Deficit Control Act of 1985: Provided, That the Secretary of -Agriculture may transfer such amounts to the Department of Interior for -wildfire suppression operations. - - administrative provisions--forest service - - (including transfers of funds) - - Appropriations to the Forest Service for the current fiscal year -shall be available for: (1) purchase of passenger motor vehicles; -acquisition of passenger motor vehicles from excess sources, and hire -of such vehicles; purchase, lease, operation, maintenance, and -acquisition of aircraft to maintain the operable fleet for use in -Forest Service wildland fire programs and other Forest Service -programs; notwithstanding other provisions of law, existing aircraft -being replaced may be sold, with proceeds derived or trade-in value -used to offset the purchase price for the replacement aircraft; (2) -services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for -employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration -of buildings and other public improvements (7 U.S.C. 2250); (4) -acquisition of land, waters, and interests therein pursuant to 7 U.S.C. -428a; (5) for expenses pursuant to the Volunteers in the National -Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost -of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt -collection contracts in accordance with 31 U.S.C. 3718(c). - Not more than $50,000,000 of funds appropriated to the Forest -Service shall be available for expenditure or transfer to the -Department of the Interior for wildland fire management, hazardous -fuels management, and State fire assistance when such transfers would -facilitate and expedite wildland fire management programs and projects. - Funds appropriated to the Forest Service shall be available for -assistance to or through the Agency for International Development in -connection with forest and rangeland research, technical information, -and assistance in foreign countries, and shall be available to support -forestry and related natural resource activities outside the United -States and its territories and possessions, including technical -assistance, education and training, and cooperation with United States, -private, and international organizations. The Forest Service, acting -for the International Program, may sign direct funding agreements with -foreign governments and institutions as well as other domestic agencies -(including the United States Agency for International Development, the -Department of State, and the Millennium Challenge Corporation), United -States private sector firms, institutions and organizations to provide -technical assistance and training programs overseas on forestry and -rangeland management. - Funds appropriated to the Forest Service shall be available for -expenditure or transfer to the Department of the Interior, Bureau of -Land Management, for removal, preparation, and adoption of excess wild -horses and burros from National Forest System lands, and for the -performance of cadastral surveys to designate the boundaries of such -lands. - None of the funds made available to the Forest Service in this Act -or any other Act with respect to any fiscal year shall be subject to -transfer under the provisions of section 702(b) of the Department of -Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public -Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171 -(7 U.S.C. 8316(b)). - Not more than $82,000,000 of funds available to the Forest Service -shall be transferred to the Working Capital Fund of the Department of -Agriculture and not more than $14,500,000 of funds available to the -Forest Service shall be transferred to the Department of Agriculture -for Department Reimbursable Programs, commonly referred to as Greenbook -charges. Nothing in this paragraph shall prohibit or limit the use of -reimbursable agreements requested by the Forest Service in order to -obtain services from the Department of Agriculture's National -Information Technology Center and the Department of Agriculture's -International Technology Service. - Of the funds available to the Forest Service, up to $5,000,000 -shall be available for priority projects within the scope of the -approved budget, which shall be carried out by the Youth Conservation -Corps and shall be carried out under the authority of the Public Lands -Corps Act of 1993 (16 U.S.C. 1721 et seq.). - Of the funds available to the Forest Service, $4,000 is available -to the Chief of the Forest Service for official reception and -representation expenses. - Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of -the funds available to the Forest Service, up to $3,000,000 may be -advanced in a lump sum to the National Forest Foundation to aid -conservation partnership projects in support of the Forest Service -mission, without regard to when the Foundation incurs expenses, for -projects on or benefitting National Forest System lands or related to -Forest Service programs: Provided, That of the Federal funds made -available to the Foundation, no more than $300,000 shall be available -for administrative expenses: Provided further, That the Foundation -shall obtain, by the end of the period of Federal financial assistance, -private contributions to match funds made available by the Forest -Service on at least a one-for-one basis: Provided further, That the -Foundation may transfer Federal funds to a Federal or a non-Federal -recipient for a project at the same rate that the recipient has -obtained the non-Federal matching funds. - Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 -of the funds available to the Forest Service may be advanced to the -National Fish and Wildlife Foundation in a lump sum to aid cost-share -conservation projects, without regard to when expenses are incurred, on -or benefitting National Forest System lands or related to Forest -Service programs: Provided, That such funds shall be matched on at -least a one-for-one basis by the Foundation or its sub-recipients: -Provided further, That the Foundation may transfer Federal funds to a -Federal or non-Federal recipient for a project at the same rate that -the recipient has obtained the non-Federal matching funds. - Funds appropriated to the Forest Service shall be available for -interactions with and providing technical assistance to rural -communities and natural resource-based businesses for sustainable rural -development purposes. - Funds appropriated to the Forest Service shall be available for -payments to counties within the Columbia River Gorge National Scenic -Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of -Public Law 99-663. - Any funds appropriated to the Forest Service may be used to meet -the non-Federal share requirement in section 502(c) of the Older -Americans Act of 1965 (42 U.S.C. 3056(c)(2)). - The Forest Service shall not assess funds for the purpose of -performing fire, administrative, and other facilities maintenance and -decommissioning. - Funds appropriated to the Forest Service shall not be available for -the destruction of healthy, unadopted, wild horses and burros in the -care of the Forest Service or its contractors or for the sale of wild -horses and burros that results in their destruction for processing into -commercial products. - Notwithstanding any other provision of law, of any appropriations -or funds available to the Forest Service, not to exceed $500,000 may be -used to reimburse the Office of the General Counsel (OGC), Department -of Agriculture, for travel and related expenses incurred as a result of -OGC assistance or participation requested by the Forest Service at -meetings, training sessions, management reviews, land purchase -negotiations and similar matters unrelated to civil litigation. Future -budget justifications for both the Forest Service and the Department of -Agriculture should clearly display the sums previously transferred and -the sums requested for transfer. - An eligible individual who is employed in any project funded under -title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and -administered by the Forest Service shall be considered to be a Federal -employee for purposes of chapter 171 of title 28, United States Code. - Notwithstanding any other provision of this Act, through the Office -of Budget and Program Analysis, the Forest Service shall report no -later than 30 business days following the close of each fiscal quarter -all current and prior year unobligated balances, by fiscal year, budget -line item and account, to the House and Senate Committees on -Appropriations. - - DEPARTMENT OF HEALTH AND HUMAN SERVICES - - Indian Health Service - - indian health services - - For expenses necessary to carry out the Act of August 5, 1954 (68 -Stat. 674), the Indian Self-Determination and Education Assistance Act, -the Indian Health Care Improvement Act, and titles II and III of the -Public Health Service Act with respect to the Indian Health Service, -$4,556,870,000 (increased by $1,000,000) (increased by $35,000,000) -(reduced by $35,000,000), to remain available until September 30, 2021, -except as otherwise provided herein, together with payments received -during the fiscal year pursuant to sections 231(b) and 233 of the -Public Health Service Act (42 U.S.C. 238(b) and 238b), for services -furnished by the Indian Health Service: Provided, That funds made -available to tribes and tribal organizations through contracts, grant -agreements, or any other agreements or compacts authorized by the -Indian Self-Determination and Education Assistance Act of 1975 (25 -U.S.C. 450), shall be deemed to be obligated at the time of the grant -or contract award and thereafter shall remain available to the tribe or -tribal organization without fiscal year limitation: Provided further, -That $2,000,000 shall be available for grants or contracts with public -or private institutions to provide alcohol or drug treatment services -to Indians, including alcohol detoxification services: Provided -further, That $969,479,000 for Purchased/Referred Care, including -$53,000,000 for the Indian Catastrophic Health Emergency Fund, shall -remain available until expended: Provided further, That of the funds -provided, up to $50,000,000 shall remain available until expended for -implementation of the loan repayment program under section 108 of the -Indian Health Care Improvement Act: Provided further, That of the -funds provided, $53,000,000 shall remain available until expended to -supplement funds available for operational costs at tribal clinics -operated under an Indian Self-Determination and Education Assistance -Act compact or contract where health care is delivered in space -acquired through a full service lease, which is not eligible for -maintenance and improvement and equipment funds from the Indian Health -Service, and $58,000,000 shall be for costs related to or resulting -from accreditation emergencies, including supplementing activities -funded under the heading ``Indian Health Facilities,'' of which up to -$4,000,000 may be used to supplement amounts otherwise available for -Purchased/Referred Care: Provided further, That the amounts collected -by the Federal Government as authorized by sections 104 and 108 of the -Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during -the preceding fiscal year for breach of contracts shall be deposited to -the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and -shall remain available until expended and, notwithstanding section -108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to -make new awards under the loan repayment and scholarship programs under -sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided -further, That the amounts made available within this account for the -Substance Abuse and Suicide Prevention Program, for Opioid Prevention, -Treatment and Recovery Services, for the Domestic Violence Prevention -Program, for the Zero Suicide Initiative, for the housing subsidy -authority for civilian employees, for Aftercare Pilot Programs at Youth -Regional Treatment Centers, for transformation and modernization costs -of the Indian Health Service Electronic Health Record system, for -national quality and oversight activities, for initiatives to treat or -reduce the transmission of Hepatitis-C and HIV-AIDS or both in high -priority areas, to improve collections from public and private -insurance at Indian Health Service and tribally operated facilities, -and for accreditation emergencies shall be allocated at the discretion -of the Director of the Indian Health Service and shall remain available -until expended: Provided further, That funds provided in this Act may -be used for annual contracts and grants that fall within 2 fiscal -years, provided the total obligation is recorded in the year the funds -are appropriated: Provided further, That the amounts collected by the -Secretary of Health and Human Services under the authority of title IV -of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain -available until expended for the purpose of achieving compliance with -the applicable conditions and requirements of titles XVIII and XIX of -the Social Security Act, except for those related to the planning, -design, or construction of new facilities: Provided further, That -funding contained herein for scholarship programs under the Indian -Health Care Improvement Act (25 U.S.C. 1613) shall remain available -until expended: Provided further, That amounts received by tribes and -tribal organizations under title IV of the Indian Health Care -Improvement Act shall be reported and accounted for and available to -the receiving tribes and tribal organizations until expended: Provided -further, That the Bureau of Indian Affairs may collect from the Indian -Health Service, and from tribes and tribal organizations operating -health facilities pursuant to Public Law 93-638, such individually -identifiable health information relating to disabled children as may be -necessary for the purpose of carrying out its functions under the -Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.): -Provided further, That of the funds provided, $72,280,000 is for the -Indian Health Care Improvement Fund and may be used, as needed, to -carry out activities typically funded under the Indian Health -Facilities account; Provided further, That none of the funds -appropriated by this Act to the Indian Health Service for the -Electronic Health Record system shall be available for obligation or -expenditure for the selection or implementation of a new Information -Technology infrastructure system, unless the Committees on -Appropriations of the House of Representatives and the Senate are -consulted 90 days in advance of such obligation. - - contract support costs - - For payments to tribes and tribal organizations for contract -support costs associated with Indian Self-Determination and Education -Assistance Act agreements with the Indian Health Service for fiscal -year 2020, such sums as may be necessary: Provided, That -notwithstanding any other provision of law, no amounts made available -under this heading shall be available for transfer to another budget -account. - - indian health facilities - - For construction, repair, maintenance, improvement, demolition, and -equipment of health and related auxiliary facilities, including -quarters for personnel; preparation of plans, specifications, and -drawings; acquisition of sites, purchase and erection of modular -buildings, and purchases of trailers; and for provision of domestic and -community sanitation facilities for Indians, as authorized by section 7 -of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self- -Determination Act, and the Indian Health Care Improvement Act, and for -expenses necessary to carry out such Acts and titles II and III of the -Public Health Service Act with respect to environmental health and -facilities support activities of the Indian Health Service, -$964,121,000 (reduced by $7,000,000) (increased by $7,000,000), to -remain available until expended: Provided, That notwithstanding any -other provision of law, funds appropriated for the planning, design, -construction, renovation or expansion of health facilities for the -benefit of an Indian tribe or tribes may be used to purchase land on -which such facilities will be located: Provided further, That not to -exceed $500,000 may be used by the Indian Health Service to purchase -TRANSAM equipment from the Department of Defense for distribution to -the Indian Health Service and tribal facilities: Provided further, -That none of the funds appropriated to the Indian Health Service may be -used for sanitation facilities construction for new homes funded with -grants by the housing programs of the United States Department of -Housing and Urban Development. - - administrative provisions--indian health service - - Appropriations provided in this Act to the Indian Health Service -shall be available for services as authorized by 5 U.S.C. 3109 at rates -not to exceed the per diem rate equivalent to the maximum rate payable -for senior-level positions under 5 U.S.C. 5376; hire of passenger motor -vehicles and aircraft; purchase of medical equipment; purchase of -reprints; purchase, renovation and erection of modular buildings and -renovation of existing facilities; payments for telephone service in -private residences in the field, when authorized under regulations -approved by the Secretary of Health and Human Services; uniforms or -allowances therefor as authorized by 5 U.S.C. 5901-5902; and for -expenses of attendance at meetings that relate to the functions or -activities of the Indian Health Service: Provided, That in accordance -with the provisions of the Indian Health Care Improvement Act, non- -Indian patients may be extended health care at all tribally -administered or Indian Health Service facilities, subject to charges, -and the proceeds along with funds recovered under the Federal Medical -Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the -account of the facility providing the service and shall be available -without fiscal year limitation: Provided further, That notwithstanding -any other law or regulation, funds transferred from the Department of -Housing and Urban Development to the Indian Health Service shall be -administered under Public Law 86-121, the Indian Sanitation Facilities -Act and Public Law 93-638: Provided further, That funds appropriated -to the Indian Health Service in this Act, except those used for -administrative and program direction purposes, shall not be subject to -limitations directed at curtailing Federal travel and transportation: -Provided further, That none of the funds made available to the Indian -Health Service in this Act shall be used for any assessments or charges -by the Department of Health and Human Services unless identified in the -budget justification and provided in this Act, or approved by the House -and Senate Committees on Appropriations through the reprogramming -process: Provided further, That notwithstanding any other provision of -law, funds previously or herein made available to a tribe or tribal -organization through a contract, grant, or agreement authorized by -title I or title V of the Indian Self-Determination and Education -Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and -reobligated to a self-determination contract under title I, or a self- -governance agreement under title V of such Act and thereafter shall -remain available to the tribe or tribal organization without fiscal -year limitation: Provided further, That none of the funds made -available to the Indian Health Service in this Act shall be used to -implement the final rule published in the Federal Register on September -16, 1987, by the Department of Health and Human Services, relating to -the eligibility for the health care services of the Indian Health -Service until the Indian Health Service has submitted a budget request -reflecting the increased costs associated with the proposed final rule, -and such request has been included in an appropriations Act and enacted -into law: Provided further, That with respect to functions transferred -by the Indian Health Service to tribes or tribal organizations, the -Indian Health Service is authorized to provide goods and services to -those entities on a reimbursable basis, including payments in advance -with subsequent adjustment, and the reimbursements received therefrom, -along with the funds received from those entities pursuant to the -Indian Self-Determination Act, may be credited to the same or -subsequent appropriation account from which the funds were originally -derived, with such amounts to remain available until expended: -Provided further, That reimbursements for training, technical -assistance, or services provided by the Indian Health Service will -contain total costs, including direct, administrative, and overhead -costs associated with the provision of goods, services, or technical -assistance: Provided further, That the Indian Health Service may -provide to civilian medical personnel serving in hospitals operated by -the Indian Health Service housing allowances equivalent to those that -would be provided to members of the Commissioned Corps of the United -States Public Health Service serving in similar positions at such -hospitals: Provided further, That the appropriation structure for the -Indian Health Service may not be altered without advance notification -to the House and Senate Committees on Appropriations. - - National Institutes of Health - - national institute of environmental health sciences - - For necessary expenses for the National Institute of Environmental -Health Sciences in carrying out activities set forth in section 311(a) -of the Comprehensive Environmental Response, Compensation, and -Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the -Superfund Amendments and Reauthorization Act of 1986, $80,000,000. - - Agency for Toxic Substances and Disease Registry - - toxic substances and environmental public health - - For necessary expenses for the Agency for Toxic Substances and -Disease Registry (ATSDR) in carrying out activities set forth in -sections 104(i) and 111(c)(4) of the Comprehensive Environmental -Response, Compensation, and Liability Act of 1980 (CERCLA) and section -3019 of the Solid Waste Disposal Act, $79,691,000: Provided, That -notwithstanding any other provision of law, in lieu of performing a -health assessment under section 104(i)(6) of CERCLA, the Administrator -of ATSDR may conduct other appropriate health studies, evaluations, or -activities, including, without limitation, biomedical testing, clinical -evaluations, medical monitoring, and referral to accredited healthcare -providers: Provided further, That in performing any such health -assessment or health study, evaluation, or activity, the Administrator -of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of -CERCLA: Provided further, That none of the funds appropriated under -this heading shall be available for ATSDR to issue in excess of 40 -toxicological profiles pursuant to section 104(i) of CERCLA during -fiscal year 2020, and existing profiles may be updated as necessary. - - OTHER RELATED AGENCIES - - Executive Office of the President - - council on environmental quality and office of environmental quality - - For necessary expenses to continue functions assigned to the -Council on Environmental Quality and Office of Environmental Quality -pursuant to the National Environmental Policy Act of 1969, the -Environmental Quality Improvement Act of 1970, and Reorganization Plan -No. 1 of 1977, and not to exceed $750 for official reception and -representation expenses, $2,994,000: Provided, That notwithstanding -section 202 of the National Environmental Policy Act of 1970, the -Council shall consist of one member, appointed by the President, by and -with the advice and consent of the Senate, serving as chairman and -exercising all powers, functions, and duties of the Council. - - Chemical Safety and Hazard Investigation Board - - salaries and expenses - - For necessary expenses in carrying out activities pursuant to -section 112(r)(6) of the Clean Air Act, including hire of passenger -vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. -5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates -for individuals not to exceed the per diem equivalent to the maximum -rate payable for senior level positions under 5 U.S.C. 5376, -$12,000,000: Provided, That the Chemical Safety and Hazard -Investigation Board (Board) shall have not more than three career -Senior Executive Service positions: Provided further, That -notwithstanding any other provision of law, the individual appointed to -the position of Inspector General of the Environmental Protection -Agency (EPA) shall, by virtue of such appointment, also hold the -position of Inspector General of the Board: Provided further, That -notwithstanding any other provision of law, the Inspector General of -the Board shall utilize personnel of the Office of Inspector General of -EPA in performing the duties of the Inspector General of the Board, and -shall not appoint any individuals to positions within the Board. - - Office of Navajo and Hopi Indian Relocation - - salaries and expenses - - For necessary expenses of the Office of Navajo and Hopi Indian -Relocation as authorized by Public Law 93-531, $7,500,000, to remain -available until expended: Provided, That funds provided in this or any -other appropriations Act are to be used to relocate eligible -individuals and groups including evictees from District 6, Hopi- -partitioned lands residents, those in significantly substandard -housing, and all others certified as eligible and not included in the -preceding categories: Provided further, That none of the funds -contained in this or any other Act may be used by the Office of Navajo -and Hopi Indian Relocation to evict any single Navajo or Navajo family -who, as of November 30, 1985, was physically domiciled on the lands -partitioned to the Hopi Tribe unless a new or replacement home is -provided for such household: Provided further, That no relocatee will -be provided with more than one new or replacement home: Provided -further, That the Office shall relocate any certified eligible -relocatees who have selected and received an approved homesite on the -Navajo reservation or selected a replacement residence off the Navajo -reservation or on the land acquired pursuant to section 11 of Public -Law 93-531 (88 Stat. 1716). - - Institute of American Indian and Alaska Native Culture and Arts - Development - - payment to the institute - - For payment to the Institute of American Indian and Alaska Native -Culture and Arts Development, as authorized by part A of title XV of -Public Law 99-498 (20 U.S.C. 4411 et seq.), $10,850,000, which shall -become available on July 1, 2020, and shall remain available until -September 30, 2021. - - Smithsonian Institution - - salaries and expenses - - For necessary expenses of the Smithsonian Institution, as -authorized by law, including research in the fields of art, science, -and history; development, preservation, and documentation of the -National Collections; presentation of public exhibits and performances; -collection, preparation, dissemination, and exchange of information and -publications; conduct of education, training, and museum assistance -programs; maintenance, alteration, operation, lease agreements of no -more than 30 years, and protection of buildings, facilities, and -approaches; not to exceed $100,000 for services as authorized by 5 -U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for -employees, $852,345,000, to remain available until September 30, 2021, -except as otherwise provided herein; of which not to exceed $6,908,000 -for the instrumentation program, collections acquisition, exhibition -reinstallation, and the repatriation of skeletal remains program shall -remain available until expended; and including such funds as may be -necessary to support American overseas research centers: Provided, -That funds appropriated herein are available for advance payments to -independent contractors performing research services or participating -in official Smithsonian presentations. - - facilities capital - - For necessary expenses of repair, revitalization, and alteration of -facilities owned or occupied by the Smithsonian Institution, by -contract or otherwise, as authorized by section 2 of the Act of August -22, 1949 (63 Stat. 623), and for construction, including necessary -personnel, $219,000,000, to remain available until expended, of which -not to exceed $10,000 shall be for services as authorized by 5 U.S.C. -3109. - - National Gallery of Art - - salaries and expenses - - For the upkeep and operations of the National Gallery of Art, the -protection and care of the works of art therein, and administrative -expenses incident thereto, as authorized by the Act of March 24, 1937 -(50 Stat. 51), as amended by the public resolution of April 13, 1939 -(Public Resolution 9, Seventy-sixth Congress), including services as -authorized by 5 U.S.C. 3109; payment in advance when authorized by the -treasurer of the Gallery for membership in library, museum, and art -associations or societies whose publications or services are available -to members only, or to members at a price lower than to the general -public; purchase, repair, and cleaning of uniforms for guards, and -uniforms, or allowances therefor, for other employees as authorized by -law (5 U.S.C. 5901-5902); purchase or rental of devices and services -for protecting buildings and contents thereof, and maintenance, -alteration, improvement, and repair of buildings, approaches, and -grounds; and purchase of services for restoration and repair of works -of art for the National Gallery of Art by contracts made, without -advertising, with individuals, firms, or organizations at such rates or -prices and under such terms and conditions as the Gallery may deem -proper, $147,022,000, to remain available until September 30, 2021, of -which not to exceed $3,660,000 for the special exhibition program shall -remain available until expended. - - repair, restoration and renovation of buildings - - For necessary expenses of repair, restoration and renovation of -buildings, grounds and facilities owned or occupied by the National -Gallery of Art, by contract or otherwise, for operating lease -agreements of no more than 10 years, with no extensions or renewals -beyond the 10 years, that address space needs created by the ongoing -renovations in the Master Facilities Plan, as authorized, $34,603,000, -to remain available until expended: Provided, That of this amount, -$1,000,000 shall be available for design of an off-site art storage -facility in partnership with the Smithsonian Institution: Provided -further, That contracts awarded for environmental systems, protection -systems, and exterior repair or renovation of buildings of the National -Gallery of Art may be negotiated with selected contractors and awarded -on the basis of contractor qualifications as well as price. - - John F. Kennedy Center for the Performing Arts - - operations and maintenance - - For necessary expenses for the operation, maintenance and security -of the John F. Kennedy Center for the Performing Arts, $25,690,000. - - capital repair and restoration - - For necessary expenses for capital repair and restoration of the -existing features of the building and site of the John F. Kennedy -Center for the Performing Arts, $17,800,000, to remain available until -expended. - - Woodrow Wilson International Center for Scholars - - salaries and expenses - - For expenses necessary in carrying out the provisions of the -Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of -passenger vehicles and services as authorized by 5 U.S.C. 3109, -$14,000,000, to remain available until September 30, 2021. - - National Foundation on the Arts and the Humanities - - National Endowment for the Arts - - grants and administration - - For necessary expenses to carry out the National Foundation on the -Arts and the Humanities Act of 1965, $167,500,000 shall be available to -the National Endowment for the Arts for the support of projects and -productions in the arts, including arts education and public outreach -activities, through assistance to organizations and individuals -pursuant to section 5 of the Act, for program support, and for -administering the functions of the Act, to remain available until -expended. - - National Endowment for the Humanities - - grants and administration - - For necessary expenses to carry out the National Foundation on the -Arts and the Humanities Act of 1965, $167,500,000 to remain available -until expended, of which $152,500,000 shall be available for support of -activities in the humanities, pursuant to section 7(c) of the Act and -for administering the functions of the Act; and $15,000,000 shall be -available to carry out the matching grants program pursuant to section -10(a)(2) of the Act, including $13,000,000 for the purposes of section -7(h): Provided, That appropriations for carrying out section 10(a)(2) -shall be available for obligation only in such amounts as may be equal -to the total amounts of gifts, bequests, devises of money, and other -property accepted by the chairman or by grantees of the National -Endowment for the Humanities under the provisions of sections -11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal -years for which equal amounts have not previously been appropriated. - - Administrative Provisions - - None of the funds appropriated to the National Foundation on the -Arts and the Humanities may be used to process any grant or contract -documents which do not include the text of 18 U.S.C. 1913: Provided, -That none of the funds appropriated to the National Foundation on the -Arts and the Humanities may be used for official reception and -representation expenses: Provided further, That funds from -nonappropriated sources may be used as necessary for official reception -and representation expenses: Provided further, That the Chairperson of -the National Endowment for the Arts may approve grants of up to -$10,000, if in the aggregate the amount of such grants does not exceed -5 percent of the sums appropriated for grantmaking purposes per year: -Provided further, That such small grant actions are taken pursuant to -the terms of an expressed and direct delegation of authority from the -National Council on the Arts to the Chairperson. - - Commission of Fine Arts - - salaries and expenses - - For expenses of the Commission of Fine Arts under chapter 91 of -title 40, United States Code, $3,282,000: Provided, That the -Commission is authorized to charge fees to cover the full costs of its -publications, and such fees shall be credited to this account as an -offsetting collection, to remain available until expended without -further appropriation: Provided further, That the Commission is -authorized to accept gifts, including objects, papers, artwork, -drawings and artifacts, that pertain to the history and design of the -Nation's Capital or the history and activities of the Commission of -Fine Arts, for the purpose of artistic display, study, or education: -Provided further, That one-tenth of one percent of the funds provided -under this heading may be used for official reception and -representation expenses. - - national capital arts and cultural affairs - - For necessary expenses as authorized by Public Law 99-190 (20 -U.S.C. 956a), $5,000,000. - - Advisory Council on Historic Preservation - - salaries and expenses - - For necessary expenses of the Advisory Council on Historic -Preservation (Public Law 89-665), $7,388,000. - - National Capital Planning Commission - - salaries and expenses - - For necessary expenses of the National Capital Planning Commission -under chapter 87 of title 40, United States Code, including services as -authorized by 5 U.S.C. 3109, $8,124,000: Provided, That one-quarter of -1 percent of the funds provided under this heading may be used for -official reception and representational expenses associated with -hosting international visitors engaged in the planning and physical -development of world capitals. - - United States Holocaust Memorial Museum - - holocaust memorial museum - - For expenses of the Holocaust Memorial Museum, as authorized by -Public Law 106-292 (36 U.S.C. 2301-2310), $61,388,000, of which -$715,000 shall remain available until September 30, 2022, for the -Museum's equipment replacement program; and of which $3,000,000 for the -Museum's repair and rehabilitation program and $1,264,000 for the -Museum's outreach initiatives program shall remain available until -expended. - - Dwight d. Eisenhower Memorial Commission - - salaries and expenses - - For necessary expenses of the Dwight D. Eisenhower Memorial -Commission, $1,800,000, to remain available until expended. - - world war i centennial commission - - salaries and expenses - - Notwithstanding section 9 of the World War I Centennial Commission -Act, as authorized by the World War I Centennial Commission Act (Public -Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National -Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), -for necessary expenses of the World War I Centennial Commission, -$6,000,000, to remain available until September 30, 2021: Provided, -That in addition to the authority provided by section 6(g) of such Act, -the World War I Commission may accept money, in-kind personnel -services, contractual support, or any appropriate support from any -executive branch agency for activities of the Commission. - - TITLE IV - - GENERAL PROVISIONS - - restriction on use of funds - - Sec. 401. No part of any appropriation contained in this Act shall -be available for any activity or the publication or distribution of -literature that in any way tends to promote public support or -opposition to any legislative proposal on which Congressional action is -not complete other than to communicate to Members of Congress as -described in 18 U.S.C. 1913. - - obligation of appropriations - - Sec. 402. No part of any appropriation contained in this Act shall -remain available for obligation beyond the current fiscal year unless -expressly so provided herein. - - disclosure of administrative expenses - - Sec. 403. The amount and basis of estimated overhead charges, -deductions, reserves or holdbacks, including working capital fund and -cost pool charges, from programs, projects, activities and -subactivities to support government-wide, departmental, agency, or -bureau administrative functions or headquarters, regional, or central -operations shall be presented in annual budget justifications and -subject to approval by the Committees on Appropriations of the House of -Representatives and the Senate. Changes to such estimates shall be -presented to the Committees on Appropriations for approval. - - mining applications - - Sec. 404. (a) Limitation of Funds.--None of the funds appropriated -or otherwise made available pursuant to this Act shall be obligated or -expended to accept or process applications for a patent for any mining -or mill site claim located under the general mining laws. - (b) Exceptions.--Subsection (a) shall not apply if the Secretary of -the Interior determines that, for the claim concerned (1) a patent -application was filed with the Secretary on or before September 30, -1994; and (2) all requirements established under sections 2325 and 2326 -of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, -sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. -35, 36, and 37) for placer claims, and section 2337 of the Revised -Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were -fully complied with by the applicant by that date. - (c) Report.--On September 30, 2021, the Secretary of the Interior -shall file with the House and Senate Committees on Appropriations and -the Committee on Natural Resources of the House and the Committee on -Energy and Natural Resources of the Senate a report on actions taken by -the Department under the plan submitted pursuant to section 314(c) of -the Department of the Interior and Related Agencies Appropriations Act, -1997 (Public Law 104-208). - (d) Mineral Examinations.--In order to process patent applications -in a timely and responsible manner, upon the request of a patent -applicant, the Secretary of the Interior shall allow the applicant to -fund a qualified third-party contractor to be selected by the Director -of the Bureau of Land Management to conduct a mineral examination of -the mining claims or mill sites contained in a patent application as -set forth in subsection (b). The Bureau of Land Management shall have -the sole responsibility to choose and pay the third-party contractor in -accordance with the standard procedures employed by the Bureau of Land -Management in the retention of third-party contractors. - - contract support costs, prior year limitation - - Sec. 405. Sections 405 and 406 of division F of the Consolidated -and Further Continuing Appropriations Act, 2015 (Public Law 113-235) -shall continue in effect in fiscal year 2020. - - contract support costs, fiscal year 2020 limitation - - Sec. 406. Amounts provided by this Act for fiscal year 2020 under -the headings ``Department of Health and Human Services, Indian Health -Service, Contract Support Costs'' and ``Department of the Interior, -Bureau of Indian Affairs and Bureau of Indian Education, Contract -Support Costs'' are the only amounts available for contract support -costs arising out of self-determination or self-governance contracts, -grants, compacts, or annual funding agreements for fiscal year 2020 -with the Bureau of Indian Affairs, Bureau of Indian Education, and the -Indian Health Service: Provided, That such amounts provided by this -Act are not available for payment of claims for contract support costs -for prior years, or for repayments of payments for settlements or -judgments awarding contract support costs for prior years. - - forest management plans - - Sec. 407. The Secretary of Agriculture shall not be considered to -be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland -Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) -solely because more than 15 years have passed without revision of the -plan for a unit of the National Forest System. Nothing in this section -exempts the Secretary from any other requirement of the Forest and -Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or -any other law: Provided, That if the Secretary is not acting -expeditiously and in good faith, within the funding available, to -revise a plan for a unit of the National Forest System, this section -shall be void with respect to such plan and a court of proper -jurisdiction may order completion of the plan on an accelerated basis. - - prohibition within national monuments - - Sec. 408. No funds provided in this Act may be expended to conduct -preleasing, leasing and related activities under either the Mineral -Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf -Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National -Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 -et seq.) as such boundary existed on January 20, 2001, except where -such activities are allowed under the Presidential proclamation -establishing such monument. - - limitation on takings - - Sec. 409. Unless otherwise provided herein, no funds appropriated -in this Act for the acquisition of lands or interests in lands may be -expended for the filing of declarations of taking or complaints in -condemnation without the approval of the House and Senate Committees on -Appropriations: Provided, That this provision shall not apply to funds -appropriated to implement the Everglades National Park Protection and -Expansion Act of 1989, or to funds appropriated for Federal assistance -to the State of Florida to acquire lands for Everglades restoration -purposes. - - prohibition on no-bid contracts - - Sec. 410. None of the funds appropriated or otherwise made -available by this Act to executive branch agencies may be used to enter -into any Federal contract unless such contract is entered into in -accordance with the requirements of Chapter 33 of title 41, United -States Code, or Chapter 137 of title 10, United States Code, and the -Federal Acquisition Regulation, unless-- - (1) Federal law specifically authorizes a contract to be - entered into without regard for these requirements, including - formula grants for States, or federally recognized Indian - tribes; - (2) such contract is authorized by the Indian Self- - Determination and Education Assistance Act (Public Law 93-638, - 25 U.S.C. 450 et seq.) or by any other Federal laws that - specifically authorize a contract within an Indian tribe as - defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or - (3) such contract was awarded prior to the date of - enactment of this Act. - - posting of reports - - Sec. 411. (a) Any agency receiving funds made available in this -Act, shall, subject to subsections (b) and (c), post on the public -website of that agency any report required to be submitted by the -Congress in this or any other Act, upon the determination by the head -of the agency that it shall serve the national interest. - (b) Subsection (a) shall not apply to a report if-- - (1) the public posting of the report compromises national - security; or - (2) the report contains proprietary information. - (c) The head of the agency posting such report shall do so only -after such report has been made available to the requesting Committee -or Committees of Congress for no less than 45 days. - - national endowment for the arts grant guidelines - - Sec. 412. Of the funds provided to the National Endowment for the -Arts-- - (1) The Chairperson shall only award a grant to an - individual if such grant is awarded to such individual for a - literature fellowship, National Heritage Fellowship, or - American Jazz Masters Fellowship. - (2) The Chairperson shall establish procedures to ensure - that no funding provided through a grant, except a grant made - to a State or local arts agency, or regional group, may be used - to make a grant to any other organization or individual to - conduct activity independent of the direct grant recipient. - Nothing in this subsection shall prohibit payments made in - exchange for goods and services. - (3) No grant shall be used for seasonal support to a group, - unless the application is specific to the contents of the - season, including identified programs or projects. - - national endowment for the arts program priorities - - Sec. 413. (a) In providing services or awarding financial -assistance under the National Foundation on the Arts and the Humanities -Act of 1965 from funds appropriated under this Act, the Chairperson of -the National Endowment for the Arts shall ensure that priority is given -to providing services or awarding financial assistance for projects, -productions, workshops, or programs that serve underserved populations. - (b) In this section: - (1) The term ``underserved population'' means a population - of individuals, including urban minorities, who have - historically been outside the purview of arts and humanities - programs due to factors such as a high incidence of income - below the poverty line or to geographic isolation. - (2) The term ``poverty line'' means the poverty line (as - defined by the Office of Management and Budget, and revised - annually in accordance with section 673(2) of the Community - Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a - family of the size involved. - (c) In providing services and awarding financial assistance under -the National Foundation on the Arts and Humanities Act of 1965 with -funds appropriated by this Act, the Chairperson of the National -Endowment for the Arts shall ensure that priority is given to providing -services or awarding financial assistance for projects, productions, -workshops, or programs that will encourage public knowledge, education, -understanding, and appreciation of the arts. - (d) With funds appropriated by this Act to carry out section 5 of -the National Foundation on the Arts and Humanities Act of 1965-- - (1) the Chairperson shall establish a grant category for - projects, productions, workshops, or programs that are of - national impact or availability or are able to tour several - States; - (2) the Chairperson shall not make grants exceeding 15 - percent, in the aggregate, of such funds to any single State, - excluding grants made under the authority of paragraph (1); - (3) the Chairperson shall report to the Congress annually - and by State, on grants awarded by the Chairperson in each - grant category under section 5 of such Act; and - (4) the Chairperson shall encourage the use of grants to - improve and support community-based music performance and - education. - - status of balances of appropriations - - Sec. 414. The Department of the Interior, the Environmental -Protection Agency, the Forest Service, and the Indian Health Service -shall provide the Committees on Appropriations of the House of -Representatives and Senate quarterly reports on the status of balances -of appropriations including all uncommitted, committed, and unobligated -funds in each program and activity. - - contracting authorities - - Sec. 415. Section 412 of Division E of Public Law 112-74 is -amended by striking ``fiscal year 2020'' and inserting ``fiscal year -2021''. - - extension of grazing permits - - Sec. 416. The terms and conditions of section 325 of Public Law -108-108 (117 Stat. 1307), regarding grazing permits issued by the -Forest Service on any lands not subject to administration under section -402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), -shall remain in effect for fiscal year 2020. - - funding prohibition - - Sec. 417. (a) None of the funds made available in this Act may be -used to maintain or establish a computer network unless such network is -designed to block access to pornography websites. - (b) Nothing in subsection (a) shall limit the use of funds -necessary for any Federal, State, tribal, or local law enforcement -agency or any other entity carrying out criminal investigations, -prosecution, or adjudication activities. - - forest service facility realignment and enhancement act - - Sec. 418. Section 503(f) of the Forest Service Facility -Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public -Law 109-54) is amended by striking ``2019'' and inserting ``2020''. - - use of american iron and steel - - Sec. 419. (a)(1) None of the funds made available by a State water -pollution control revolving fund as authorized by section 1452 of the -Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project -for the construction, alteration, maintenance, or repair of a public -water system or treatment works unless all of the iron and steel -products used in the project are produced in the United States. - (2) In this section, the term ``iron and steel'' products means the -following products made primarily of iron or steel: lined or unlined -pipes and fittings, manhole covers and other municipal castings, -hydrants, tanks, flanges, pipe clamps and restraints, valves, -structural steel, reinforced precast concrete, and construction -materials. - (b) Subsection (a) shall not apply in any case or category of cases -in which the Administrator of the Environmental Protection Agency (in -this section referred to as the ``Administrator'') finds that-- - (1) applying subsection (a) would be inconsistent with the - public interest; - (2) iron and steel products are not produced in the United - States in sufficient and reasonably available quantities and of - a satisfactory quality; or - (3) inclusion of iron and steel products produced in the - United States will increase the cost of the overall project by - more than 25 percent. - (c) If the Administrator receives a request for a waiver under this -section, the Administrator shall make available to the public on an -informal basis a copy of the request and information available to the -Administrator concerning the request, and shall allow for informal -public input on the request for at least 15 days prior to making a -finding based on the request. The Administrator shall make the request -and accompanying information available by electronic means, including -on the official public Internet Web site of the Environmental -Protection Agency. - (d) This section shall be applied in a manner consistent with -United States obligations under international agreements. - (e) The Administrator may retain up to 0.25 percent of the funds -appropriated in this Act for the Clean and Drinking Water State -Revolving Funds for carrying out the provisions described in subsection -(a)(1) for management and oversight of the requirements of this -section. - - john f. kennedy center reauthorization - - Sec. 420. Section 13 of the John F. Kennedy Center Act (20 U.S.C. -76r) is amended by striking subsections (a) and (b) and inserting the -following: - ``(a) Maintenance, Repair, and Security.--There is authorized to be -appropriated to the Board to carry out section 4(a)(1)(H), $25,690,000 -for fiscal year 2020. - ``(b) Capital Projects.--There is authorized to be appropriated to -the Board to carry out subparagraphs (F) and (G) of section 4(a)(1), -$17,800,000 for fiscal year 2020.''. - -local cooperator training agreements and transfers of excess equipment - and supplies for wildfires - - Sec. 421. The Secretary of the Interior is authorized to enter -into grants and cooperative agreements with volunteer fire departments, -rural fire departments, rangeland fire protection associations, and -similar organizations to provide for wildland fire training and -equipment, including supplies and communication devices. -Notwithstanding 121(c) of title 40, United States Code, or section 521 -of title 40, United States Code, the Secretary is further authorized to -transfer title to excess Department of the Interior firefighting -equipment no longer needed to carry out the functions of the -Department's wildland fire management program to such organizations. - - recreation fees - - Sec. 422. Section 810 of the Federal Lands Recreation Enhancement -Act (16 U.S.C. 6809) is amended by striking ``September 30, 2019'' and -inserting ``September 30, 2021''. - - reprogramming procedures, disclosure of administrative expenses, and - operating plans - - Sec. 423. (a) Definitions.--For the purposes of this section: - (1) ``Reprogramming'' includes: - (A) The reallocation of funds from one program, - project, or activity, to another within any - appropriation funded in this Act. - (B) For construction, land acquisition, and forest - legacy accounts, the reallocation of funds, including - unobligated balances, from one construction, land - acquisition, or forest legacy project to another such - project. - (C) An operating plan or any later modification - thereof submitted under subsection (i) of this section. - (D) Proposed reorganizations even without a change - in funding, including any change to the organization - table presented in the budget justification. - (2) ``Program'', ``project'', and ``activity'' constitute - the delineation below the appropriation account level of any - agency funded by this Act, as shown in any table of the report - accompanying this Act. - (3) ``Funds'' includes funds provided in this Act or - previous appropriations Acts that are available for obligation - in the current fiscal year and any amounts available for - obligation in the current fiscal year derived from collections, - fees or charges. - (4) ``Assessment'' is any overhead charge, deduction, - reserve or holdback, including working capital fund and cost - pool charges, from any program, project, and activity to - support government-wide, departmental, agency, or bureau - administrative functions or headquarters, regional, or central - operations or to provide for contingencies. - (b) General Guidelines for Reprogramming.-- - (1) A reprogramming should be made only when an unforeseen - situation arises, and then only if postponement of the project - or the activity until the next appropriation year would result - in actual loss or damage. - (2) Any project or activity, which may be deferred through - reprogramming, shall not later be accomplished by means of - further reprogramming, but instead, funds should again be - sought for the deferred project or activity through the regular - appropriations process. - (3) Except under the most urgent situations, reprogramming - should not be employed to initiate new programs or increase - allocations specifically denied or limited by the Congress, or - to decrease allocations specifically increased by the Congress. - (4) New programs requested in the budget should not be - initiated before enactment of the bill without notification to, - and the approval of, the Committees on Appropriations of the - House of Representatives and the Senate (hereinafter ``the - Committees''). This restriction applies to all such actions - regardless of whether a formal reprogramming of funds is - required to begin the program. - (c) Criteria.-- - (1) A reprogramming shall be submitted to the Committees in - writing 30 days prior to implementation if-- - (A) it exceeds $1,000,000 individually or - cumulatively or results in a cumulative increase or - decrease of more than 10 percent of funds annually in - any affected program, project, or activity; - (B) it is a reorganization; or - (C) it is an operating plan or any later - modification thereof as submitted under subsection (i) - of this section: Provided, That such plan or - modification thereof also meets any of the other - criteria under subsection (c)(1) of this section. - (2) No funds shall be available for obligation or - expenditure through a reprogramming until 30 days after the - receipt by the Committees of a notice of proposed - reprogramming. - (3) A reprogramming shall be considered approved 30 days - after receipt if the Committees have posed no objection. - However, agencies shall not implement the reprogramming and - shall extend the notification period if specifically requested - by either Committee. - (d) Exceptions.-- - (1) With regard to the tribal priority allocations of the - Bureau of Indian Affairs, there is no restriction on - reprogrammings among these programs. However, the Bureau shall - report on all reprogrammings made during a given fiscal year no - later than 60 days after the end of the fiscal year. - (2) With regard to the Environmental Protection Agency, - State and Tribal Assistance Grants account, the Committees do - not require reprogramming requests associated with States and - Tribal Partnership Grants. - (3) With regard to funding for Park Management - subactivities within the National Park Service Operations of - the National Park System account, reprogramming guidelines - apply at the activity level, not the more detailed level as - shown in the Committee report. The National Park Service shall - report on actual spending at the more detailed level no later - than 60 days after the end of the fiscal year and show its - impact on the succeeding year budget at the more detailed level - in the budget justification submitted to the Congress in the - subsequent fiscal year for the purpose of updating the - Committee support table. - (e) Assessments.-- - (1) No assessment shall be levied or collected unless such - assessment and the basis therefor are presented to the - Committees in the budget justifications and are subsequently - approved by the Committees. The explanation for any assessment - in the budget justification shall show the amount of the - assessment, the activities assessed, and the purpose of the - funds. - (2) Proposed changes to estimated assessments, as such - estimates were presented in annual budget justifications, shall - be submitted through the reprogramming process set out in this - section and shall be subject to the same dollar and reporting - criteria as any other reprogramming. - (3) Each department, agency or bureau that utilizes - assessments shall submit an annual report to the Committees - which provides details on the use of all funds assessed from - any other program, project, or activity. - (4) In no case shall contingency funds or assessments be - used to finance agency actions disapproved or limited by the - Congress. - (f) Land Acquisitions, Easements, and Forest Legacy.--Lands shall -not be acquired for more than the approved appraised value (as -addressed in section 301(3) of Public Law 91-646), unless such -acquisitions are submitted to the Committees for approval in compliance -with these procedures. - (g) Land Exchanges.--Land exchanges, wherein the estimated value of -the Federal lands to be exchanged is greater than $1,000,000, shall not -be consummated until the Committees have had a 30-day period in which -to examine the proposed exchange. In addition, the Committees shall be -provided advance notification of exchanges valued between $500,000 and -$1,000,000. - (h) Budget Structure.--The program, project, and activity structure -for any agency appropriation account shall not be altered without -advance approval of the Committees. - (i) Operating Plans.--Not later than 60 days after the date of -enactment of this Act, each department or agency funded by this Act -shall submit an operating plan to the Committees to establish the -baseline for application of reprogramming for the current fiscal year. -The operating plan shall include-- - (1) a table for each appropriation with a separate column - to display the President's budget request, adjustments made by - the Congress, enacted rescissions, if appropriate, and the - fiscal year enacted level; - (2) a delineation in the table for each appropriation by - program, project, and activity for the respective - appropriation; and - (3) an identification of items of special congressional - interest. - - project information - - Sec. 424. (a) Not later than April 1, 2020, and each April 1 -thereafter, the Secretary of the Interior and the Secretary of -Agriculture shall submit to the Committees on Appropriations of the -House of Representatives and the Senate prioritized and detailed lists -of federal land acquisition projects, and Forest Legacy projects, which -could be executed within the three fiscal years beginning with the -fiscal year after the date upon which the lists are submitted. - (b) The federal land acquisition project lists required by -subsection (a) shall include projects for the National Park Service, -the United States Fish and Wildlife Service, the Bureau of Land -Management, and the United States Forest Service, including -recreational public access projects as required by 54 U.S.C. 200306, -and shall total for each agency no less than 150 percent of the amount -enacted for that agency for the previous fiscal year. - Sec. 425. Except as expressly provided otherwise, any reference to -``this Act'' contained in this division shall be treated as referring -only to the provisions of this division. - Sec. 426. Any reference to a ``report accompanying this Act'' -contained in this division shall be treated as a reference to House -Report 116-100. The effect of such Report shall be limited to this -division and shall apply for purposes of determining the allocation of -funds provided by, and the implementation of, this division. - Sec. 427. None of the funds made available by this Act may be used -for the transfer of jurisdiction over border lands pursuant to -Presidential Proclamation 9844 (Feb. 15, 2019). - Sec. 428. None of the funds made available by this Act may be used -to implement Executive Order No. 13817 (82 Fed. Reg. 60835) with -respect to uranium. - Sec. 429. None of the funds made available by this Act may be used -to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et -seq, or to offer for oil and gas leasing, any federal lands within the -withdrawal area identified on the map of the Chaco Culture National -Historical Park prepared by the Bureau of Land Management and dated -April 2, 2019. - Sec. 430. None of the funds made available to the National Park -Service by this Act may be used to increase the generation of water -bottle waste. - Sec. 431. None of the funds made available to the National Park -Service by this Act may be used for the purchase or display of a -Confederate flag with the exception of specific circumstances where the -flags provide historical context as described in the National Park -Service memorandum entitled ``Immediate Action Required, No Reply -Needed: Confederate Flags'' and dated June 24, 2015. - Sec. 432. None of the funds made available by this Act may be used -to issue a proposed or final rule to replace the Consolidated Federal -Oil & Gas and Federal & Indian Coal Valuation Reform final rule, -published in the Federal Register on July 1, 2016 (81 Fed. Reg. 43338). - Sec. 433. No funds made available by this Act may be used to -finalize, implement, or enforce the proposed rule entitled ``Review of -Standards of Performance for Greenhouse Gas Emissions From New, -Modified, and Reconstructed Stationary Sources: Electric Utility -Generating Units'' published in the Federal Register by the -Environmental Protection Agency on December 20, 2018 (83 Fed. Reg. -65424). - Sec. 434. None of the funds made available by this Act may be used -to close or relocate any office of the Environmental Protection Agency -that houses emergency responders or a criminal investigation unit. - Sec. 435. None of the funds made available by this Act may be used -for a Department of the Interior Executive Resources Board whose voting -members are comprised of less than 50 percent career Senior Executive -Service members. - Sec. 436. None of the funds made available by this Act to the -United States Geological Survey may be used to limit the use of climate -modeling tools. - Sec. 437. None of the funds made available by this Act may be used -to close or relocate any EPA offices in regions that contain one or -more designated Sulfur Dioxide (2010) Nonattainment Areas. - Sec. 438. None of the funds made available by this Act may be used -by the Department of the Interior to conduct offshore oil and gas -leasing, preleasing, or related activities in the Outer Continental -Shelf Planning Areas for the South Atlantic, the Straits of Florida, -and the areas of the Central and Eastern Gulf of Mexico described by -section 104(a) of the Gulf of Mexico Energy Security Act of 2006 -(Public Law 109-432). - Sec. 439. None of the funds made available by this Act may be used -by the Department of the Interior to conduct oil and gas leasing, -preleasing, or related activities in the North Atlantic, Mid-Atlantic, -or the South Atlantic Outer Continental Shelf Planning Areas. - Sec. 440. None of the funds made available by this Act may be used -to issue a permit for the import of a sport-hunted trophy of an -elephant or lion taken in Tanzania, Zimbabwe, or Zambia. The limitation -described in this section shall not apply in the case of the -administration of a tax or tariff. - Sec. 441. None of the funds made available by this Act may be used -to plan, design, study, or construct, for the purpose of harvesting -timber by private entities or individuals, a forest development road in -the Tongass National Forest. - Sec. 442. None of the funds made available by this Act may be -used-- - (1) to conduct or authorize any person to conduct - geological or geophysical exploration for oil or gas, pursuant - to section 11(a) of the Outer Continental Shelf Lands Act (43 - U.S.C. 1340(a)), in any area located in the Atlantic Region - Outer Continental Shelf Planning Areas, as such planning areas - are defined in the 2017-2022 Outer Continental Shelf Oil and - Gas Proposed Final Program described in the notice entitled - ``Notice of Availability of the 2017-2022 Outer Continental - Shelf Oil and Gas Leasing Proposed Final Program,'' published - by the Department of the Interior in the Federal Register on - November 23, 2018 (81 Fed. Reg. 84,612); or - (2) to prepare or supplement an Environmental Impact - Statement or Environmental Assessment, pursuant to the National - Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and - its associated regulations, for any such exploration. - Sec. 443. None of the funds made available by this Act may be used -by the Department of the Interior to conduct oil and gas leasing, -preleasing, or related activities in the Washington/Oregon, Northern -California, Central California, and Southern California Outer -Continental Shelf Planning Areas. - Sec. 444. None of the funds made available by this Act may be used -to finalize the proposed revised supplemental ``appropriate and -necessary'' finding in the proposed rule entitled ``National Emission -Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric -Utility Steam Generating Units--Reconsideration of Supplemental Finding -and Residual Risk and Technology Review'' published by the -Environmental Protection Agency in the Federal Register on February 7, -2019 (84 Fed. Reg. 2670). - This Act may be cited as the ``Department of the Interior, -Environment, and Related Agencies Appropriations Act, 2020''. - - DIVISION D--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED - AGENCIES APPROPRIATIONS ACT, 2020 - - The following sums are appropriated, out of any money in the -Treasury not otherwise appropriated, for military construction, the -Department of Veterans Affairs, and related agencies for the fiscal -year ending September 30, 2020, and for other purposes, namely: - - TITLE I - - DEPARTMENT OF DEFENSE - - Military Construction, Army - - For acquisition, construction, installation, and equipment of -temporary or permanent public works, military installations, -facilities, and real property for the Army as currently authorized by -law, including personnel in the Army Corps of Engineers and other -personal services necessary for the purposes of this appropriation, and -for construction and operation of facilities in support of the -functions of the Commander in Chief, $1,132,499,000 (reduced by -$37,000,000) (increased by $37,000,000) (reduced by $1) (increased by -$1), to remain available until September 30, 2024: Provided, That, of -this amount, not to exceed $136,099,000 shall be available for study, -planning, design, architect and engineer services, and host nation -support, as authorized by law, unless the Secretary of the Army -determines that additional obligations are necessary for such purposes -and notifies the Committees on Appropriations of both Houses of -Congress of the determination and the reasons therefor. - - Military Construction, Navy and Marine Corps - - For acquisition, construction, installation, and equipment of -temporary or permanent public works, naval installations, facilities, -and real property for the Navy and Marine Corps as currently authorized -by law, including personnel in the Naval Facilities Engineering Command -and other personal services necessary for the purposes of this -appropriation, $2,205,771,000, to remain available until September 30, -2024: Provided, That, of this amount, not to exceed $178,715,000 -(increased by $1,000,000) (reduced by $1,000,000) shall be available -for study, planning, design, and architect and engineer services, as -authorized by law, unless the Secretary of the Navy determines that -additional obligations are necessary for such purposes and notifies the -Committees on Appropriations of both Houses of Congress of the -determination and the reasons therefor. - - Military Construction, Air Force - - For acquisition, construction, installation, and equipment of -temporary or permanent public works, military installations, -facilities, and real property for the Air Force as currently authorized -by law, $1,588,730,000 (reduced by $1) (increased by $1) (reduced by -$7,000,000) (increased by $7,000,000), to remain available until -September 30, 2024: Provided, That, of this amount, not to exceed -$153,148,000 shall be available for study, planning, design, and -architect and engineer services, as authorized by law, unless the -Secretary of the Air Force determines that additional obligations are -necessary for such purposes and notifies the Committees on -Appropriations of both Houses of Congress of the determination and the -reasons therefor. - - Military Construction, Defense-Wide - - (including transfer of funds) - - For acquisition, construction, installation, and equipment of -temporary or permanent public works, installations, facilities, and -real property for activities and agencies of the Department of Defense -(other than the military departments), as currently authorized by law, -$2,025,799,000, to remain available until September 30, 2024: Provided, -That such amounts of this appropriation as may be determined by the -Secretary of Defense may be transferred to such appropriations of the -Department of Defense available for military construction or family -housing as the Secretary may designate, to be merged with and to be -available for the same purposes, and for the same time period, as the -appropriation or fund to which transferred: Provided further, That, of -the amount, not to exceed $252,355,000 shall be available for study, -planning, design, and architect and engineer services, as authorized by -law, unless the Secretary of Defense determines that additional -obligations are necessary for such purposes and notifies the Committees -on Appropriations of both Houses of Congress of the determination and -the reasons therefor. - - Military Construction, Army National Guard - - For construction, acquisition, expansion, rehabilitation, and -conversion of facilities for the training and administration of the -Army National Guard, and contributions therefor, as authorized by -chapter 1803 of title 10, United States Code, and Military Construction -Authorization Acts, $210,819,000, to remain available until September -30, 2024: Provided, That, of the amount, not to exceed $20,469,000 -shall be available for study, planning, design, and architect and -engineer services, as authorized by law, unless the Director of the -Army National Guard determines that additional obligations are -necessary for such purposes and notifies the Committees on -Appropriations of both Houses of Congress of the determination and the -reasons therefor. - - Military Construction, Air National Guard - - For construction, acquisition, expansion, rehabilitation, and -conversion of facilities for the training and administration of the Air -National Guard, and contributions therefor, as authorized by chapter -1803 of title 10, United States Code, and Military Construction -Authorization Acts, $115,971,000, to remain available until September -30, 2024: Provided, That, of the amount, not to exceed $17,000,000 -shall be available for study, planning, design, and architect and -engineer services, as authorized by law, unless the Director of the Air -National Guard determines that additional obligations are necessary for -such purposes and notifies the Committees on Appropriations of both -Houses of Congress of the determination and the reasons therefor. - - Military Construction, Army Reserve - - For construction, acquisition, expansion, rehabilitation, and -conversion of facilities for the training and administration of the -Army Reserve as authorized by chapter 1803 of title 10, United States -Code, and Military Construction Authorization Acts, $60,928,000 -(reduced by $7,000,000) (increased by $7,000,000), to remain available -until September 30, 2024: Provided, That, of the amount, not to exceed -$6,000,000 shall be available for study, planning, design, and -architect and engineer services, as authorized by law, unless the Chief -of the Army Reserve determines that additional obligations are -necessary for such purposes and notifies the Committees on -Appropriations of both Houses of Congress of the determination and the -reasons therefor. - - Military Construction, Navy Reserve - - For construction, acquisition, expansion, rehabilitation, and -conversion of facilities for the training and administration of the -reserve components of the Navy and Marine Corps as authorized by -chapter 1803 of title 10, United States Code, and Military Construction -Authorization Acts, $54,955,000, to remain available until September -30, 2024: Provided, That, of the amount, not to exceed $4,780,000 shall -be available for study, planning, design, and architect and engineer -services, as authorized by law, unless the Secretary of the Navy -determines that additional obligations are necessary for such purposes -and notifies the Committees on Appropriations of both Houses of -Congress of the determination and the reasons therefor. - - Military Construction, Air Force Reserve - - For construction, acquisition, expansion, rehabilitation, and -conversion of facilities for the training and administration of the Air -Force Reserve as authorized by chapter 1803 of title 10, United States -Code, and Military Construction Authorization Acts, $59,750,000, to -remain available until September 30, 2024: Provided, That, of the -amount, not to exceed $4,604,000 shall be available for study, -planning, design, and architect and engineer services, as authorized by -law, unless the Chief of the Air Force Reserve determines that -additional obligations are necessary for such purposes and notifies the -Committees on Appropriations of both Houses of Congress of the -determination and the reasons therefor. - - North Atlantic Treaty Organization - - Security Investment Program - - For the United States share of the cost of the North Atlantic -Treaty Organization Security Investment Program for the acquisition and -construction of military facilities and installations (including -international military headquarters) and for related expenses for the -collective defense of the North Atlantic Treaty Area as authorized by -section 2806 of title 10, United States Code, and Military Construction -Authorization Acts, $172,005,000, to remain available until expended. - - Department of Defense Base Closure Account - - For deposit into the Department of Defense Base Closure Account, -established by section 2906(a) of the Defense Base Closure and -Realignment Act of 1990 (10 U.S.C. 2687 note), $398,526,000, to remain -available until expended. - - Family Housing Construction, Army - - For expenses of family housing for the Army for construction, -including acquisition, replacement, addition, expansion, extension, and -alteration, as authorized by law, $141,372,000, to remain available -until September 30, 2024. - - Family Housing Operation and Maintenance, Army - - For expenses of family housing for the Army for operation and -maintenance, including debt payment, leasing, minor construction, -principal and interest charges, and insurance premiums, as authorized -by law, $407,907,000. - - Family Housing Construction, Navy and Marine Corps - - For expenses of family housing for the Navy and Marine Corps for -construction, including acquisition, replacement, addition, expansion, -extension, and alteration, as authorized by law, $47,661,000, to remain -available until September 30, 2024. - - Family Housing Operation and Maintenance, Navy and Marine Corps - - For expenses of family housing for the Navy and Marine Corps for -operation and maintenance, including debt payment, leasing, minor -construction, principal and interest charges, and insurance premiums, -as authorized by law, $377,470,000. - - Family Housing Construction, Air Force - - For expenses of family housing for the Air Force for construction, -including acquisition, replacement, addition, expansion, extension, and -alteration, as authorized by law, $103,631,000, to remain available -until September 30, 2024. - - Family Housing Operation and Maintenance, Air Force - - For expenses of family housing for the Air Force for operation and -maintenance, including debt payment, leasing, minor construction, -principal and interest charges, and insurance premiums, as authorized -by law, $326,216,000. - - Family Housing Operation and Maintenance, Defense-Wide - - For expenses of family housing for the activities and agencies of -the Department of Defense (other than the military departments) for -operation and maintenance, leasing, and minor construction, as -authorized by law, $57,000,000. - - Department of Defense Family Housing Improvement Fund - - For the Department of Defense Family Housing Improvement Fund, -$3,045,000, to remain available until expended, for family housing -initiatives undertaken pursuant to section 2883 of title 10, United -States Code, providing alternative means of acquiring and improving -military family housing and supporting facilities. - - Military Unaccompanied Housing Improvement Fund - - For the Department of Defense Military Unaccompanied Housing -Improvement Fund, $500,000, to remain available until expended, for -unaccompanied housing initiatives undertaken pursuant to section 2883 -of title 10, United States Code, providing alternative means of -acquiring and improving military unaccompanied housing and supporting -facilities. - - Administrative Provisions - - Sec. 101. None of the funds made available in this title shall be -expended for payments under a cost-plus-a-fixed-fee contract for -construction, where cost estimates exceed $25,000, to be performed -within the United States, except Alaska, without the specific approval -in writing of the Secretary of Defense setting forth the reasons -therefor. - Sec. 102. Funds made available in this title for construction -shall be available for hire of passenger motor vehicles. - Sec. 103. Funds made available in this title for construction may -be used for advances to the Federal Highway Administration, Department -of Transportation, for the construction of access roads as authorized -by section 210 of title 23, United States Code, when projects -authorized therein are certified as important to the national defense -by the Secretary of Defense. - Sec. 104. None of the funds made available in this title may be -used to begin construction of new bases in the United States for which -specific appropriations have not been made. - Sec. 105. None of the funds made available in this title shall be -used for purchase of land or land easements in excess of 100 percent of -the value as determined by the Army Corps of Engineers or the Naval -Facilities Engineering Command, except: (1) where there is a -determination of value by a Federal court; (2) purchases negotiated by -the Attorney General or the designee of the Attorney General; (3) where -the estimated value is less than $25,000; or (4) as otherwise -determined by the Secretary of Defense to be in the public interest. - Sec. 106. None of the funds made available in this title shall be -used to: (1) acquire land; (2) provide for site preparation; or (3) -install utilities for any family housing, except housing for which -funds have been made available in annual Acts making appropriations for -military construction. - Sec. 107. None of the funds made available in this title for minor -construction may be used to transfer or relocate any activity from one -base or installation to another, without prior notification to the -Committees on Appropriations of both Houses of Congress. - Sec. 108. None of the funds made available in this title may be -used for the procurement of steel for any construction project or -activity for which American steel producers, fabricators, and -manufacturers have been denied the opportunity to compete for such -steel procurement. - Sec. 109. None of the funds available to the Department of Defense -for military construction or family housing during the current fiscal -year may be used to pay real property taxes in any foreign nation. - Sec. 110. None of the funds made available in this title may be -used to initiate a new installation overseas without prior notification -to the Committees on Appropriations of both Houses of Congress. - Sec. 111. None of the funds made available in this title may be -obligated for architect and engineer contracts estimated by the -Government to exceed $500,000 for projects to be accomplished in Japan, -in any North Atlantic Treaty Organization member country, or in -countries bordering the Arabian Gulf, unless such contracts are awarded -to United States firms or United States firms in joint venture with -host nation firms. - Sec. 112. None of the funds made available in this title for -military construction in the United States territories and possessions -in the Pacific and on Kwajalein Atoll, or in countries bordering the -Arabian Gulf, may be used to award any contract estimated by the -Government to exceed $1,000,000 to a foreign contractor: Provided, That -this section shall not be applicable to contract awards for which the -lowest responsive and responsible bid of a United States contractor -exceeds the lowest responsive and responsible bid of a foreign -contractor by greater than 20 percent: Provided further, That this -section shall not apply to contract awards for military construction on -Kwajalein Atoll for which the lowest responsive and responsible bid is -submitted by a Marshallese contractor. - Sec. 113. The Secretary of Defense shall inform the appropriate -committees of both Houses of Congress, including the Committees on -Appropriations, of plans and scope of any proposed military exercise -involving United States personnel 30 days prior to its occurring, if -amounts expended for construction, either temporary or permanent, are -anticipated to exceed $100,000. - Sec. 114. Funds appropriated to the Department of Defense for -construction in prior years shall be available for construction -authorized for each such military department by the authorizations -enacted into law during the current session of Congress. - Sec. 115. For military construction or family housing projects -that are being completed with funds otherwise expired or lapsed for -obligation, expired or lapsed funds may be used to pay the cost of -associated supervision, inspection, overhead, engineering and design on -those projects and on subsequent claims, if any. - Sec. 116. Notwithstanding any other provision of law, any funds -made available to a military department or defense agency for the -construction of military projects may be obligated for a military -construction project or contract, or for any portion of such a project -or contract, at any time before the end of the fourth fiscal year after -the fiscal year for which funds for such project were made available, -if the funds obligated for such project: (1) are obligated from funds -available for military construction projects; and (2) do not exceed the -amount appropriated for such project, plus any amount by which the cost -of such project is increased pursuant to law. - - (including transfer of funds) - - Sec. 117. Subject to 30 days prior notification, or 14 days for a -notification provided in an electronic medium pursuant to sections 480 -and 2883 of title 10, United States Code, to the Committees on -Appropriations of both Houses of Congress, such additional amounts as -may be determined by the Secretary of Defense may be transferred to: -(1) the Department of Defense Family Housing Improvement Fund from -amounts appropriated for construction in ``Family Housing'' accounts, -to be merged with and to be available for the same purposes and for the -same period of time as amounts appropriated directly to the Fund; or -(2) the Department of Defense Military Unaccompanied Housing -Improvement Fund from amounts appropriated for construction of military -unaccompanied housing in ``Military Construction'' accounts, to be -merged with and to be available for the same purposes and for the same -period of time as amounts appropriated directly to the Fund: Provided, -That appropriations made available to the Funds shall be available to -cover the costs, as defined in section 502(5) of the Congressional -Budget Act of 1974, of direct loans or loan guarantees issued by the -Department of Defense pursuant to the provisions of subchapter IV of -chapter 169 of title 10, United States Code, pertaining to alternative -means of acquiring and improving military family housing, military -unaccompanied housing, and supporting facilities. - - (including transfer of funds) - - Sec. 118. In addition to any other transfer authority available to -the Department of Defense, amounts may be transferred from the -Department of Defense Base Closure Account to the fund established by -section 1013(d) of the Demonstration Cities and Metropolitan -Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated -with the Homeowners Assistance Program incurred under 42 U.S.C. -3374(a)(1)(A). Any amounts transferred shall be merged with and be -available for the same purposes and for the same time period as the -fund to which transferred. - Sec. 119. Notwithstanding any other provision of law, funds made -available in this title for operation and maintenance of family housing -shall be the exclusive source of funds for repair and maintenance of -all family housing units, including general or flag officer quarters: -Provided, That not more than $15,000 per unit may be spent annually for -the maintenance and repair of any general or flag officer quarters -without 30 days prior notification, or 14 days for a notification -provided in an electronic medium pursuant to sections 480 and 2883 of -title 10, United States Code, to the Committees on Appropriations of -both Houses of Congress, except that an after-the-fact notification -shall be submitted if the limitation is exceeded solely due to costs -associated with environmental remediation that could not be reasonably -anticipated at the time of the budget submission. - Sec. 120. Amounts contained in the Ford Island Improvement Account -established by subsection (h) of section 2814 of title 10, United -States Code, are appropriated and shall be available until expended for -the purposes specified in subsection (i)(1) of such section or until -transferred pursuant to subsection (i)(3) of such section. - - (including transfer of funds) - - Sec. 121. During the 5-year period after appropriations available -in this Act to the Department of Defense for military construction and -family housing operation and maintenance and construction have expired -for obligation, upon a determination that such appropriations will not -be necessary for the liquidation of obligations or for making -authorized adjustments to such appropriations for obligations incurred -during the period of availability of such appropriations, unobligated -balances of such appropriations may be transferred into the -appropriation ``Foreign Currency Fluctuations, Construction, Defense'', -to be merged with and to be available for the same time period and for -the same purposes as the appropriation to which transferred. - - (including transfer of funds) - - Sec. 122. Amounts appropriated or otherwise made available in an -account funded under the headings in this title may be transferred -among projects and activities within the account in accordance with the -reprogramming guidelines for military construction and family housing -construction contained in Department of Defense Financial Management -Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect -on the date of enactment of this Act. - Sec. 123. None of the funds made available in this title may be -obligated or expended for planning and design and construction of -projects at Arlington National Cemetery. - Sec. 124. For an additional amount for the accounts and in the -amounts specified, to remain available until September 30, 2024: - ``Military Construction, Army'', $79,500,000; - ``Military Construction, Navy and Marine Corps'', - $546,800,000; - ``Military Construction, Air Force'', $230,400,000; - ``Military Construction, Army National Guard'', - $155,000,000; - ``Military Construction, Air National Guard'', $57,000,000; - and - ``Military Construction, Air Force Reserve'', $24,800,000: - Provided, That such funds may only be obligated to carry out -construction projects identified in the respective military -department's unfunded priority list for fiscal year 2020 submitted to -Congress: Provided further, That such projects are subject to -authorization prior to obligation and expenditure of funds to carry out -construction: Provided further, That not later than 30 days after -enactment of this Act, the Secretary of the military department -concerned, or his or her designee, shall submit to the Committees on -Appropriations of both Houses of Congress an expenditure plan for funds -provided under this section. - - (rescission of funds) - - Sec. 125. Of the unobligated balances available to the Department -of Defense from prior appropriation Acts, the following funds are -hereby rescinded from the following accounts in the amounts specified: - ``Military Construction, Defense-Wide'', $45,055,000. - Sec. 126. For the purposes of this Act, the term ``congressional -defense committees'' means the Committees on Armed Services of the -House of Representatives and the Senate, the Subcommittee on Military -Construction and Veterans Affairs of the Committee on Appropriations of -the Senate, and the Subcommittee on Military Construction and Veterans -Affairs of the Committee on Appropriations of the House of -Representatives. - Sec. 127. All amounts appropriated to the ``Department of -Defense--Military Construction, Army'', ``Department of Defense-- -Military Construction, Navy and Marine Corps'', ``Department of -Defense--Military Construction, Air Force'', and ``Department of -Defense--Military Construction, Defense-Wide'' accounts pursuant to the -authorization of appropriations in a National Defense Authorization Act -specified for fiscal year 2020 in the funding table in section 4601 of -that Act shall be immediately available and allotted to contract for -the full scope of authorized projects. - - TITLE II - - DEPARTMENT OF VETERANS AFFAIRS - - Veterans Benefits Administration - - compensation and pensions - - (including transfer of funds) - - For the payment of compensation benefits to or on behalf of -veterans and a pilot program for disability examinations as authorized -by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, -United States Code; pension benefits to or on behalf of veterans as -authorized by chapters 15, 51, 53, 55, and 61 of title 38, United -States Code; and burial benefits, the Reinstated Entitlement Program -for Survivors, emergency and other officers' retirement pay, adjusted- -service credits and certificates, payment of premiums due on commercial -life insurance policies guaranteed under the provisions of title IV of -the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and -for other benefits as authorized by sections 107, 1312, 1977, and 2106, -and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, -$116,801,316,000, shall become available on October 1, 2020: Provided, -That not to exceed $18,147,000 of the amount made available for fiscal -year 2021 under this heading shall be reimbursed to ``General Operating -Expenses, Veterans Benefits Administration'', and ``Information -Technology Systems'' for necessary expenses in implementing the -provisions of chapters 51, 53, and 55 of title 38, United States Code, -the funding source for which is specifically provided as the -``Compensation and Pensions'' appropriation: Provided further, That -such sums as may be earned on an actual qualifying patient basis, shall -be reimbursed to ``Medical Care Collections Fund'' to augment the -funding of individual medical facilities for nursing home care provided -to pensioners as authorized. - - readjustment benefits - - For the payment of readjustment and rehabilitation benefits to or -on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, -36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, -$12,578,965,000, to remain available until expended and to become -available on October 1, 2020: Provided, That expenses for -rehabilitation program services and assistance which the Secretary is -authorized to provide under subsection (a) of section 3104 of title 38, -United States Code, other than under paragraphs (1), (2), (5), and (11) -of that subsection, shall be charged to this account. - - veterans insurance and indemnities - - For military and naval insurance, national service life insurance, -servicemen's indemnities, service-disabled veterans insurance, and -veterans mortgage life insurance as authorized by chapters 19 and 21, -title 38, United States Code, $17,620,000, to remain available until -expended, which shall be in addition to funds previously appropriated -under this heading that become available on October 1, 2019; and in -addition, $129,224,000, to remain available until expended, which shall -become available on October 1, 2020. - - veterans housing benefit program fund - - For the cost of direct and guaranteed loans, such sums as may be -necessary to carry out the program, as authorized by subchapters I -through III of chapter 37 of title 38, United States Code: Provided, -That such costs, including the cost of modifying such loans, shall be -as defined in section 502 of the Congressional Budget Act of 1974: -Provided further, That, during fiscal year 2020, within the resources -available, not to exceed $500,000 in gross obligations for direct loans -are authorized for specially adapted housing loans. - In addition, for administrative expenses to carry out the direct -and guaranteed loan programs, $200,377,391. - - vocational rehabilitation loans program account - - For the cost of direct loans, $57,729, as authorized by chapter 31 -of title 38, United States Code: Provided, That such costs, including -the cost of modifying such loans, shall be as defined in section 502 of -the Congressional Budget Act of 1974: Provided further, That funds made -available under this heading are available to subsidize gross -obligations for the principal amount of direct loans not to exceed -$2,008,232. - In addition, for administrative expenses necessary to carry out the -direct loan program, $401,880, which may be paid to the appropriation -for ``General Operating Expenses, Veterans Benefits Administration''. - - native american veteran housing loan program account - - For administrative expenses to carry out the direct loan program -authorized by subchapter V of chapter 37 of title 38, United States -Code, $1,186,000. - - general operating expenses, veterans benefits administration - - For necessary operating expenses of the Veterans Benefits -Administration, not otherwise provided for, including hire of passenger -motor vehicles, reimbursement of the General Services Administration -for security guard services, and reimbursement of the Department of -Defense for the cost of overseas employee mail, $3,025,000,000 (reduced -by $1,000,000) (increased by $1,000,000) (increased by $1) (reduced by -$1): Provided, That expenses for services and assistance authorized -under paragraphs (1), (2), (5), and (11) of section 3104(a) of title -38, United States Code, that the Secretary of Veterans Affairs -determines are necessary to enable entitled veterans: (1) to the -maximum extent feasible, to become employable and to obtain and -maintain suitable employment; or (2) to achieve maximum independence in -daily living, shall be charged to this account: Provided further, That, -of the funds made available under this heading, not to exceed 10 -percent shall remain available until September 30, 2021. - - Veterans Health Administration - - medical services - - For necessary expenses for furnishing, as authorized by law, -inpatient and outpatient care and treatment to beneficiaries of the -Department of Veterans Affairs and veterans described in section -1705(a) of title 38, United States Code, including care and treatment -in facilities not under the jurisdiction of the Department, and -including medical supplies and equipment, bioengineering services, food -services, and salaries and expenses of healthcare employees hired under -title 38, United States Code, aid to State homes as authorized by -section 1741 of title 38, United States Code, assistance and support -services for caregivers as authorized by section 1720G of title 38, -United States Code, loan repayments authorized by section 604 of the -Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law -111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance -allowances authorized by section 322(d) of title 38, United States -Code, grants authorized by section 521A of title 38, United States -Code, and administrative expenses necessary to carry out sections -322(d) and 521A of title 38, United States Code, and hospital care and -medical services authorized by section 1787 of title 38, United States -Code; $169,160,000 (increased by $1,000,000) (increased by $5,000,000) -(reduced by $1,000,000) (increased by $1,000,000) (increased by -$5,000,000) (reduced by $1,000,000) (increased by $1,000,000) -(increased by $1,500,000) (reduced by $5,000,000) (increased by -$5,000,000) (increased by $3,000,000) (increased by $1,000,000) -(increased by $2,000,000) (increased by $1,700,000), which shall be in -addition to funds previously appropriated under this heading that -become available on October 1, 2019; and, in addition, $56,158,015,000 -(reduced by $1,000,000) (increased by $1,000,000) (reduced by -$1,000,000) (increased by $1,000,000), plus reimbursements, shall -become available on October 1, 2020, and shall remain available until -September 30, 2021: Provided, That, of the amount made available on -October 1, 2020, under this heading, $1,500,000,000 shall remain -available until September 30, 2022: Provided further, That, -notwithstanding any other provision of law, the Secretary of Veterans -Affairs shall establish a priority for the provision of medical -treatment for veterans who have service-connected disabilities, lower -income, or have special needs: Provided further, That, notwithstanding -any other provision of law, the Secretary of Veterans Affairs shall -give priority funding for the provision of basic medical benefits to -veterans in enrollment priority groups 1 through 6: Provided further, -That, notwithstanding any other provision of law, the Secretary of -Veterans Affairs may authorize the dispensing of prescription drugs -from Veterans Health Administration facilities to enrolled veterans -with privately written prescriptions based on requirements established -by the Secretary: Provided further, That the implementation of the -program described in the previous proviso shall incur no additional -cost to the Department of Veterans Affairs: Provided further, That the -Secretary of Veterans Affairs shall ensure that sufficient amounts -appropriated under this heading for medical supplies and equipment are -available for the acquisition of prosthetics designed specifically for -female veterans: Provided further, That of the amount made available on -October 1, 2019, under this heading, not less than $581,514,000 -(increased by $3,000,000) (reduced by $3,000,000) (increased by -$1,700,000) shall be for gender-specific care for women as described in -the report accompanying this Act. - - medical community care - - For necessary expenses for furnishing health care to individuals -pursuant to chapter 17 of title 38, United States Code, at non- -Department facilities, $4,521,400,000 (reduced by $5,000,000) -(increased by $1) (reduced by $1), which shall be in addition to funds -previously appropriated under this heading that become available on -October 1, 2019; and, in addition, $17,131,179,000, plus -reimbursements, shall become available on October 1, 2020, and shall -remain available until September 30, 2021: Provided, That, of the -amount made available on October 1, 2020, under this heading, -$2,000,000,000 shall remain available until September 30, 2022. - - medical support and compliance - - For necessary expenses in the administration of the medical, -hospital, nursing home, domiciliary, construction, supply, and research -activities, as authorized by law; administrative expenses in support of -capital policy activities; and administrative and legal expenses of the -Department for collecting and recovering amounts owed the Department as -authorized under chapter 17 of title 38, United States Code, and the -Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), -$98,800,000, which shall be in addition to funds previously -appropriated under this heading that become available on October 1, -2019; and, in addition, $7,914,191,000, plus reimbursements, shall -become available on October 1, 2020, and shall remain available until -September 30, 2021: Provided, That, of the amount made available on -October 1, 2020, under this heading, $150,000,000 shall remain -available until September 30, 2022. - - medical facilities - - For necessary expenses for the maintenance and operation of -hospitals, nursing homes, domiciliary facilities, and other necessary -facilities of the Veterans Health Administration; for administrative -expenses in support of planning, design, project management, real -property acquisition and disposition, construction, and renovation of -any facility under the jurisdiction or for the use of the Department; -for oversight, engineering, and architectural activities not charged to -project costs; for repairing, altering, improving, or providing -facilities in the several hospitals and homes under the jurisdiction of -the Department, not otherwise provided for, either by contract or by -the hire of temporary employees and purchase of materials; for leases -of facilities; and for laundry services; $20,000,000 (reduced by -$10,000,000) (increased by $10,000,000) (increased by $5,000,000), -which shall be in addition to funds previously appropriated under this -heading that become available on October 1, 2019; and, in addition, -$6,433,265,000, plus reimbursements, shall become available on October -1, 2020, and shall remain available until September 30, 2021: Provided, -That, of the amount made available on October 1, 2020, under this -heading, $250,000,000 shall remain available until September 30, 2022. - - medical and prosthetic research - - For necessary expenses in carrying out programs of medical and -prosthetic research and development as authorized by chapter 73 of -title 38, United States Code, $840,000,000, plus reimbursements, shall -remain available until September 30, 2021. - - National Cemetery Administration - - For necessary expenses of the National Cemetery Administration for -operations and maintenance, not otherwise provided for, including -uniforms or allowances therefor; cemeterial expenses as authorized by -law; purchase of one passenger motor vehicle for use in cemeterial -operations; hire of passenger motor vehicles; and repair, alteration or -improvement of facilities under the jurisdiction of the National -Cemetery Administration, $329,000,000, of which not to exceed 10 -percent shall remain available until September 30, 2021. - - Departmental Administration - - general administration - - (including transfer of funds) - - For necessary operating expenses of the Department of Veterans -Affairs, not otherwise provided for, including administrative expenses -in support of Department-wide capital planning, management and policy -activities, uniforms, or allowances therefor; not to exceed $25,000 for -official reception and representation expenses; hire of passenger motor -vehicles; and reimbursement of the General Services Administration for -security guard services, $369,200,000 (reduced by $1,000,000) -(increased by $1,000,000) (reduced by $1,000,000) (reduced by -$6,500,000) (reduced by $1,500,000) (reduced by $1,700,000), of which -not to exceed 10 percent shall remain available until September 30, -2021: Provided, That funds provided under this heading may be -transferred to ``General Operating Expenses, Veterans Benefits -Administration''. - - board of veterans appeals - - For necessary operating expenses of the Board of Veterans Appeals, -$182,000,000, of which not to exceed 10 percent shall remain available -until September 30, 2021. - - information technology systems - - (including transfer of funds) - - For necessary expenses for information technology systems and -telecommunications support, including developmental information systems -and operational information systems; for pay and associated costs; and -for the capital asset acquisition of information technology systems, -including management and related contractual costs of said -acquisitions, including contractual costs associated with operations -authorized by section 3109 of title 5, United States Code, -$4,343,000,000 (reduced by $3,500,000) (reduced by $1,000,000) (reduced -by $2,000,000) (reduced by $5,200,000), plus reimbursements: Provided, -That $1,204,238,000 shall be for pay and associated costs, of which not -to exceed 3 percent shall remain available until September 30, 2021: -Provided further, That $2,737,482,000 (reduced by $3,500,000) (reduced -by $1,000,000) (reduced by $2,000,000) (reduced by $5,200,000) shall be -for operations and maintenance, of which not to exceed 5 percent shall -remain available until September 30, 2021: Provided further, That -$401,280,000 shall be for information technology systems development, -and shall remain available until September 30, 2021: Provided further, -That amounts made available for salaries and expenses, operations and -maintenance, and information technology systems development may be -transferred among the three subaccounts after the Secretary of Veterans -Affairs requests from the Committees on Appropriations of both Houses -of Congress the authority to make the transfer and an approval is -issued: Provided further, That amounts made available for the -``Information Technology Systems'' account for development may be -transferred among projects or to newly defined projects: Provided -further, That no project may be increased or decreased by more than -$1,000,000 of cost prior to submitting a request to the Committees on -Appropriations of both Houses of Congress to make the transfer and an -approval is issued, or absent a response, a period of 30 days has -elapsed: Provided further, That the funds made available under this -heading for information technology systems development shall be for the -projects, and in the amounts, specified under this heading in the -report accompanying this Act. - - veterans electronic health record - - For activities related to implementation, preparation, development, -interface, management, rollout, and maintenance of a Veterans -Electronic Health Record system, including contractual costs associated -with operations authorized by section 3109 of title 5, United States -Code, and salaries and expenses of employees hired under titles 5 and -38, United States Code, $1,603,000,000, to remain available until -September 30, 2022: Provided, That the Secretary of Veterans Affairs -shall submit to the Committees on Appropriations of both Houses of -Congress quarterly reports detailing obligations, expenditures, and -deployment implementation by facility: Provided further, That the funds -provided in this account shall only be available to the Office of the -Deputy Secretary, to be administered by that Office: Provided further, -That none of the funds made available under this heading may be -obligated in a manner inconsistent with deployment schedules provided -to the Committees on Appropriations unless the Secretary of Veterans -Affairs provides notification to the Committees on Appropriations of -such change and an approval is issued. - - office of inspector general - - For necessary expenses of the Office of Inspector General, to -include information technology, in carrying out the provisions of the -Inspector General Act of 1978 (5 U.S.C. App.), $222,000,000 (increased -by $1,000,000) (reduced by $1,000,000), of which not to exceed 10 -percent shall remain available until September 30, 2021. - - construction, major projects - - For constructing, altering, extending, and improving any of the -facilities, including parking projects, under the jurisdiction or for -the use of the Department of Veterans Affairs, or for any of the -purposes set forth in sections 316, 2404, 2406 and chapter 81 of title -38, United States Code, not otherwise provided for, including planning, -architectural and engineering services, construction management -services, maintenance or guarantee period services costs associated -with equipment guarantees provided under the project, services of -claims analysts, offsite utility and storm drainage system construction -costs, and site acquisition, where the estimated cost of a project is -more than the amount set forth in section 8104(a)(3)(A) of title 38, -United States Code, or where funds for a project were made available in -a previous major project appropriation, $1,235,200,000, of which -$1,036,600,000 (increased by $39,732,000) (reduced by $39,732,000) -shall remain available until September 30, 2024, and of which -$198,600,000 shall remain available until expended, of which -$35,000,000 shall be available for seismic improvement projects and -seismic program management activities, including for projects that -would otherwise be funded by the Construction, Minor Projects, Medical -Facilities or National Cemetery Administration accounts: Provided, That -except for advance planning activities, including needs assessments -which may or may not lead to capital investments, and other capital -asset management related activities, including portfolio development -and management activities, and investment strategy studies funded -through the advance planning fund and the planning and design -activities funded through the design fund, including needs assessments -which may or may not lead to capital investments, and funds provided -for the purchase, security, and maintenance of land for the National -Cemetery Administration through the land acquisition line item, none of -the funds made available under this heading shall be used for any -project that has not been notified to Congress through the budgetary -process or that has not been approved by the Congress through statute, -joint resolution, or in the explanatory statement accompanying such Act -and presented to the President at the time of enrollment: Provided -further, That such sums as may be necessary shall be available to -reimburse the ``General Administration'' account for payment of -salaries and expenses of all Office of Construction and Facilities -Management employees to support the full range of capital -infrastructure services provided, including minor construction and -leasing services: Provided further, That funds made available under -this heading for fiscal year 2020, for each approved project shall be -obligated: (1) by the awarding of a construction documents contract by -September 30, 2020; and (2) by the awarding of a construction contract -by September 30, 2021: Provided further, That the Secretary of Veterans -Affairs shall promptly submit to the Committees on Appropriations of -both Houses of Congress a written report on any approved major -construction project for which obligations are not incurred within the -time limitations established above: Provided further, That -notwithstanding the requirements of section 8104(a) of title 38, United -States Code, amounts made available under this heading for seismic -improvement projects and seismic program management activities shall be -available for the completion of both new and existing seismic projects -of the Department. - - construction, minor projects - - For constructing, altering, extending, and improving any of the -facilities, including parking projects, under the jurisdiction or for -the use of the Department of Veterans Affairs, including planning and -assessments of needs which may lead to capital investments, -architectural and engineering services, maintenance or guarantee period -services costs associated with equipment guarantees provided under the -project, services of claims analysts, offsite utility and storm -drainage system construction costs, and site acquisition, or for any of -the purposes set forth in sections 316, 2404, 2406 and chapter 81 of -title 38, United States Code, not otherwise provided for, where the -estimated cost of a project is equal to or less than the amount set -forth in section 8104(a)(3)(A) of title 38, United States Code, -$421,117,000, to remain available until September 30, 2024, along with -unobligated balances of previous ``Construction, Minor Projects'' -appropriations which are hereby made available for any project where -the estimated cost is equal to or less than the amount set forth in -such section: Provided, That funds made available under this heading -shall be for: (1) repairs to any of the nonmedical facilities under the -jurisdiction or for the use of the Department which are necessary -because of loss or damage caused by any natural disaster or -catastrophe; and (2) temporary measures necessary to prevent or to -minimize further loss by such causes. - - grants for construction of state extended care facilities - - For grants to assist States to acquire or construct State nursing -home and domiciliary facilities and to remodel, modify, or alter -existing hospital, nursing home, and domiciliary facilities in State -homes, for furnishing care to veterans as authorized by sections 8131 -through 8137 of title 38, United States Code, $150,000,000, to remain -available until expended. - - grants for construction of veterans cemeteries - - For grants to assist States and tribal organizations in -establishing, expanding, or improving veterans cemeteries as authorized -by section 2408 of title 38, United States Code, $45,000,000, to remain -available until expended. - - Administrative Provisions - - (including transfer of funds) - - Sec. 201. Any appropriation for fiscal year 2020 for -``Compensation and Pensions'', ``Readjustment Benefits'', and -``Veterans Insurance and Indemnities'' may be transferred as necessary -to any other of the mentioned appropriations: Provided, That, before a -transfer may take place, the Secretary of Veterans Affairs shall -request from the Committees on Appropriations of both Houses of -Congress the authority to make the transfer and such Committees issue -an approval, or absent a response, a period of 30 days has elapsed. - - (including transfer of funds) - - Sec. 202. Amounts made available for the Department of Veterans -Affairs for fiscal year 2020, in this or any other Act, under the -``Medical Services'', ``Medical Community Care'', ``Medical Support and -Compliance'', and ``Medical Facilities'' accounts may be transferred -among the accounts: Provided, That any transfers among the ``Medical -Services'', ``Medical Community Care'', and ``Medical Support and -Compliance'' accounts of 1 percent or less of the total amount -appropriated to the account in this or any other Act may take place -subject to notification from the Secretary of Veterans Affairs to the -Committees on Appropriations of both Houses of Congress of the amount -and purpose of the transfer: Provided further, That any transfers among -the ``Medical Services'', ``Medical Community Care'', and ``Medical -Support and Compliance'' accounts in excess of 1 percent, or exceeding -the cumulative 1 percent for the fiscal year, may take place only after -the Secretary requests from the Committees on Appropriations of both -Houses of Congress the authority to make the transfer and an approval -is issued: Provided further, That any transfers to or from the -``Medical Facilities'' account may take place only after the Secretary -requests from the Committees on Appropriations of both Houses of -Congress the authority to make the transfer and an approval is issued. - Sec. 203. Appropriations available in this title for salaries and -expenses shall be available for services authorized by section 3109 of -title 5, United States Code; hire of passenger motor vehicles; lease of -a facility or land or both; and uniforms or allowances therefore, as -authorized by sections 5901 through 5902 of title 5, United States -Code. - Sec. 204. No appropriations in this title (except the -appropriations for ``Construction, Major Projects'', and -``Construction, Minor Projects'') shall be available for the purchase -of any site for or toward the construction of any new hospital or home. - Sec. 205. No appropriations in this title shall be available for -hospitalization or examination of any persons (except beneficiaries -entitled to such hospitalization or examination under the laws -providing such benefits to veterans, and persons receiving such -treatment under sections 7901 through 7904 of title 5, United States -Code, or the Robert T. Stafford Disaster Relief and Emergency -Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the -cost of such hospitalization or examination is made to the ``Medical -Services'' account at such rates as may be fixed by the Secretary of -Veterans Affairs. - Sec. 206. Appropriations available in this title for -``Compensation and Pensions'', ``Readjustment Benefits'', and -``Veterans Insurance and Indemnities'' shall be available for payment -of prior year accrued obligations required to be recorded by law -against the corresponding prior year accounts within the last quarter -of fiscal year 2019. - Sec. 207. Appropriations available in this title shall be -available to pay prior year obligations of corresponding prior year -appropriations accounts resulting from sections 3328(a), 3334, and -3712(a) of title 31, United States Code, except that if such -obligations are from trust fund accounts they shall be payable only -from ``Compensation and Pensions''. - - (including transfer of funds) - - Sec. 208. Notwithstanding any other provision of law, during -fiscal year 2020, the Secretary of Veterans Affairs shall, from the -National Service Life Insurance Fund under section 1920 of title 38, -United States Code, the Veterans' Special Life Insurance Fund under -section 1923 of title 38, United States Code, and the United States -Government Life Insurance Fund under section 1955 of title 38, United -States Code, reimburse the ``General Operating Expenses, Veterans -Benefits Administration'' and ``Information Technology Systems'' -accounts for the cost of administration of the insurance programs -financed through those accounts: Provided, That reimbursement shall be -made only from the surplus earnings accumulated in such an insurance -program during fiscal year 2020 that are available for dividends in -that program after claims have been paid and actuarially determined -reserves have been set aside: Provided further, That if the cost of -administration of such an insurance program exceeds the amount of -surplus earnings accumulated in that program, reimbursement shall be -made only to the extent of such surplus earnings: Provided further, -That the Secretary shall determine the cost of administration for -fiscal year 2020 which is properly allocable to the provision of each -such insurance program and to the provision of any total disability -income insurance included in that insurance program. - Sec. 209. Amounts deducted from enhanced-use lease proceeds to -reimburse an account for expenses incurred by that account during a -prior fiscal year for providing enhanced-use lease services, may be -obligated during the fiscal year in which the proceeds are received. - - (including transfer of funds) - - Sec. 210. Funds available in this title or funds for salaries and -other administrative expenses shall also be available to reimburse the -Office of Resolution Management, the Office of Employment -Discrimination Complaint Adjudication, and the Office of Diversity and -Inclusion for all services provided at rates which will recover actual -costs but not to exceed $57,263,000 for the Office of Resolution -Management, $6,000,000 for the Office of Employment Discrimination -Complaint Adjudication, and $4,628,000 for the Office of Diversity and -Inclusion: Provided, That payments may be made in advance for services -to be furnished based on estimated costs: Provided further, That -amounts received shall be credited to the ``General Administration'' -and ``Information Technology Systems'' accounts for use by the office -that provided the service. - Sec. 211. No funds of the Department of Veterans Affairs shall be -available for hospital care, nursing home care, or medical services -provided to any person under chapter 17 of title 38, United States -Code, for a non-service-connected disability described in section -1729(a)(2) of such title, unless that person has disclosed to the -Secretary of Veterans Affairs, in such form as the Secretary may -require, current, accurate third-party reimbursement information for -purposes of section 1729 of such title: Provided, That the Secretary -may recover, in the same manner as any other debt due the United -States, the reasonable charges for such care or services from any -person who does not make such disclosure as required: Provided further, -That any amounts so recovered for care or services provided in a prior -fiscal year may be obligated by the Secretary during the fiscal year in -which amounts are received. - - (including transfer of funds) - - Sec. 212. Notwithstanding any other provision of law, proceeds or -revenues derived from enhanced-use leasing activities (including -disposal) may be deposited into the ``Construction, Major Projects'' -and ``Construction, Minor Projects'' accounts and be used for -construction (including site acquisition and disposition), alterations, -and improvements of any medical facility under the jurisdiction or for -the use of the Department of Veterans Affairs. Such sums as realized -are in addition to the amount provided for in ``Construction, Major -Projects'' and ``Construction, Minor Projects''. - Sec. 213. Amounts made available under ``Medical Services'' are -available-- - (1) for furnishing recreational facilities, supplies, and - equipment; and - (2) for funeral expenses, burial expenses, and other - expenses incidental to funerals and burials for beneficiaries - receiving care in the Department. - - (including transfer of funds) - - Sec. 214. Such sums as may be deposited to the Medical Care -Collections Fund pursuant to section 1729A of title 38, United States -Code, may be transferred to the ``Medical Services'' and ``Medical -Community Care'' accounts to remain available until expended for the -purposes of these accounts. - Sec. 215. The Secretary of Veterans Affairs may enter into -agreements with Federally Qualified Health Centers in the State of -Alaska and Indian tribes and tribal organizations which are party to -the Alaska Native Health Compact with the Indian Health Service, to -provide healthcare, including behavioral health and dental care, to -veterans in rural Alaska. The Secretary shall require participating -veterans and facilities to comply with all appropriate rules and -regulations, as established by the Secretary. The term ``rural Alaska'' -shall mean those lands which are not within the boundaries of the -municipality of Anchorage or the Fairbanks North Star Borough. - - (including transfer of funds) - - Sec. 216. Such sums as may be deposited to the Department of -Veterans Affairs Capital Asset Fund pursuant to section 8118 of title -38, United States Code, may be transferred to the ``Construction, Major -Projects'' and ``Construction, Minor Projects'' accounts, to remain -available until expended for the purposes of these accounts. - Sec. 217. Not later than 30 days after the end of each fiscal -quarter, the Secretary of Veterans Affairs shall submit to the -Committees on Appropriations of both Houses of Congress a report on the -financial status of the Department of Veterans Affairs for the -preceding quarter: Provided, That, at a minimum, the report shall -include the direction contained in the paragraph entitled ``Quarterly -reporting'', under the heading ``General Administration'' in the joint -explanatory statement accompanying Public Law 114-223. - - (including transfer of funds) - - Sec. 218. Amounts made available under the ``Medical Services'', -``Medical Community Care'', ``Medical Support and Compliance'', -``Medical Facilities'', ``General Operating Expenses, Veterans Benefits -Administration'', ``Board of Veterans Appeals'', ``General -Administration'', and ``National Cemetery Administration'' accounts for -fiscal year 2020 may be transferred to or from the ``Information -Technology Systems'' account: Provided, That such transfers may not -result in a more than 10 percent aggregate increase in the total amount -made available by this Act for the ``Information Technology Systems'' -account: Provided further, That, before a transfer may take place, the -Secretary of Veterans Affairs shall request from the Committees on -Appropriations of both Houses of Congress the authority to make the -transfer and an approval is issued. - - (including transfer of funds) - - Sec. 219. Of the amounts appropriated to the Department of -Veterans Affairs for fiscal year 2020 for ``Medical Services'', -``Medical Community Care'', ``Medical Support and Compliance'', -``Medical Facilities'', ``Construction, Minor Projects'', and -``Information Technology Systems'', up to $314,409,000, plus -reimbursements, may be transferred to the Joint Department of Defense-- -Department of Veterans Affairs Medical Facility Demonstration Fund, -established by section 1704 of the National Defense Authorization Act -for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be -used for operation of the facilities designated as combined Federal -medical facilities as described by section 706 of the Duncan Hunter -National Defense Authorization Act for Fiscal Year 2009 (Public Law -110-417; 122 Stat. 4500): Provided, That additional funds may be -transferred from accounts designated in this section to the Joint -Department of Defense--Department of Veterans Affairs Medical Facility -Demonstration Fund upon written notification by the Secretary of -Veterans Affairs to the Committees on Appropriations of both Houses of -Congress: Provided further, That section 220 of title II of division C -of Public Law 115-244 is repealed. - - (including transfer of funds) - - Sec. 220. Of the amounts appropriated to the Department of -Veterans Affairs which become available on October 1, 2020, for -``Medical Services'', ``Medical Community Care'', ``Medical Support and -Compliance'', and ``Medical Facilities'', up to $322,931,000, plus -reimbursements, may be transferred to the Joint Department of Defense-- -Department of Veterans Affairs Medical Facility Demonstration Fund, -established by section 1704 of the National Defense Authorization Act -for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be -used for operation of the facilities designated as combined Federal -medical facilities as described by section 706 of the Duncan Hunter -National Defense Authorization Act for Fiscal Year 2009 (Public Law -110-417; 122 Stat. 4500): Provided, That additional funds may be -transferred from accounts designated in this section to the Joint -Department of Defense--Department of Veterans Affairs Medical Facility -Demonstration Fund upon written notification by the Secretary of -Veterans Affairs to the Committees on Appropriations of both Houses of -Congress. - - (including transfer of funds) - - Sec. 221. Such sums as may be deposited to the Medical Care -Collections Fund pursuant to section 1729A of title 38, United States -Code, for healthcare provided at facilities designated as combined -Federal medical facilities as described by section 706 of the Duncan -Hunter National Defense Authorization Act for Fiscal Year 2009 (Public -Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer -to the Joint Department of Defense--Department of Veterans Affairs -Medical Facility Demonstration Fund, established by section 1704 of the -National Defense Authorization Act for Fiscal Year 2010 (Public Law -111-84; 123 Stat. 3571); and (2) for operations of the facilities -designated as combined Federal medical facilities as described by -section 706 of the Duncan Hunter National Defense Authorization Act for -Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That, -notwithstanding section 1704(b)(3) of the National Defense -Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. -2573), amounts transferred to the Joint Department of Defense-- -Department of Veterans Affairs Medical Facility Demonstration Fund -shall remain available until expended. - - (including transfer of funds) - - Sec. 222. Of the amounts available in this title for ``Medical -Services'', ``Medical Community Care'', ``Medical Support and -Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 -shall be transferred to the DOD-VA Health Care Sharing Incentive Fund, -as authorized by section 8111(d) of title 38, United States Code, to -remain available until expended, for any purpose authorized by section -8111 of title 38, United States Code. - Sec. 223. The Secretary of Veterans Affairs shall notify the -Committees on Appropriations of both Houses of Congress of all bid -savings in a major construction project that total at least $5,000,000, -or 5 percent of the programmed amount of the project, whichever is -less: Provided, That such notification shall occur within 14 days of a -contract identifying the programmed amount: Provided further, That the -Secretary shall notify the Committees on Appropriations of both Houses -of Congress 14 days prior to the obligation of such bid savings and -shall describe the anticipated use of such savings. - Sec. 224. None of the funds made available for ``Construction, -Major Projects'' may be used for a project in excess of the scope -specified for that project in the original justification data provided -to the Congress as part of the request for appropriations unless the -Secretary of Veterans Affairs receives approval from the Committees on -Appropriations of both Houses of Congress. - Sec. 225. Not later than 30 days after the end of each fiscal -quarter, the Secretary of Veterans Affairs shall submit to the -Committees on Appropriations of both Houses of Congress a quarterly -report containing performance measures and data from each Veterans -Benefits Administration Regional Office: Provided, That, at a minimum, -the report shall include the direction contained in the section -entitled ``Disability claims backlog'', under the heading ``General -Operating Expenses, Veterans Benefits Administration'' in the joint -explanatory statement accompanying Public Law 114-223: Provided -further, That the report shall also include information on the number -of appeals pending at the Veterans Benefits Administration as well as -the Board of Veterans Appeals on a quarterly basis. - Sec. 226. The Secretary of Veterans Affairs shall provide written -notification to the Committees on Appropriations of both Houses of -Congress 15 days prior to organizational changes which result in the -transfer of 25 or more full-time equivalents from one organizational -unit of the Department of Veterans Affairs to another. - Sec. 227. The Secretary of Veterans Affairs shall provide on a -quarterly basis to the Committees on Appropriations of both Houses of -Congress notification of any single national outreach and awareness -marketing campaign in which obligations exceed $1,000,000. - - (including transfer of funds) - - Sec. 228. The Secretary of Veterans Affairs, upon determination -that such action is necessary to address needs of the Veterans Health -Administration, may transfer to the ``Medical Services'' account any -discretionary appropriations made available for fiscal year 2020 in -this title (except appropriations made to the ``General Operating -Expenses, Veterans Benefits Administration'' account) or any -discretionary unobligated balances within the Department of Veterans -Affairs, including those appropriated for fiscal year 2020, that were -provided in advance by appropriations Acts: Provided, That transfers -shall be made only with the approval of the Office of Management and -Budget: Provided further, That the transfer authority provided in this -section is in addition to any other transfer authority provided by law: -Provided further, That no amounts may be transferred from amounts that -were designated by Congress as an emergency requirement pursuant to a -concurrent resolution on the budget or the Balanced Budget and -Emergency Deficit Control Act of 1985: Provided further, That such -authority to transfer may not be used unless for higher priority items, -based on emergent healthcare requirements, than those for which -originally appropriated and in no case where the item for which funds -are requested has been denied by Congress: Provided further, That, upon -determination that all or part of the funds transferred from an -appropriation are not necessary, such amounts may be transferred back -to that appropriation and shall be available for the same purposes as -originally appropriated: Provided further, That before a transfer may -take place, the Secretary of Veterans Affairs shall request from the -Committees on Appropriations of both Houses of Congress the authority -to make the transfer and receive approval of that request. - - (including transfer of funds) - - Sec. 229. Amounts made available for the Department of Veterans -Affairs for fiscal year 2020, under the ``Board of Veterans Appeals'' -and the ``General Operating Expenses, Veterans Benefits -Administration'' accounts may be transferred between such accounts: -Provided, That before a transfer may take place, the Secretary of -Veterans Affairs shall request from the Committees on Appropriations of -both Houses of Congress the authority to make the transfer and receive -approval of that request. - Sec. 230. The Secretary of Veterans Affairs may not reprogram -funds among major construction projects or programs if such instance of -reprogramming will exceed $7,000,000, unless such reprogramming is -approved by the Committees on Appropriations of both Houses of -Congress. - Sec. 231. (a) The Secretary of Veterans Affairs shall ensure that -the toll-free suicide hotline under section 1720F(h) of title 38, -United States Code-- - (1) provides to individuals who contact the hotline - immediate assistance from a trained professional; and - (2) adheres to all requirements of the American Association - of Suicidology. - (b)(1) None of the funds made available by this Act may be used to -enforce or otherwise carry out any Executive action that prohibits the -Secretary of Veterans Affairs from appointing an individual to occupy a -vacant civil service position, or establishing a new civil service -position, at the Department of Veterans Affairs with respect to such a -position relating to the hotline specified in subsection (a). - (2) In this subsection-- - (A) the term ``civil service'' has the meaning given such - term in section 2101(1) of title 5, United States Code; and - (B) the term ``Executive action'' includes-- - (i) any Executive order, presidential memorandum, - or other action by the President; and - (ii) any agency policy, order, or other directive. - Sec. 232. None of the funds in this or any other Act may be used -to close Department of Veterans Affairs (VA) hospitals, domiciliaries, -or clinics, conduct an environmental assessment, or to diminish -healthcare services at existing Veterans Health Administration medical -facilities located in Veterans Integrated Service Network 23 as part of -a planned realignment of VA services until the Secretary provides to -the Committees on Appropriations of both Houses of Congress a report -including the following elements-- - (1) a national realignment strategy that includes a - detailed description of realignment plans within each Veterans - Integrated Services Network (VISN), including an updated Long - Range Capital Plan to implement realignment requirements; - (2) an explanation of the process by which those plans were - developed and coordinated within each VISN; - (3) a cost versus benefit analysis of each planned - realignment, including the cost of replacing Veterans Health - Administration services with contract care or other outsourced - services; - (4) an analysis of how any such planned realignment of - services will impact access to care for veterans living in - rural or highly rural areas, including travel distances and - transportation costs to access a VA medical facility and - availability of local specialty and primary care; - (5) an inventory of VA buildings with historic designation - and the methodology used to determine the buildings' condition - and utilization; - (6) a description of how any realignment will be consistent - with requirements under the National Historic Preservation Act; - and - (7) consideration given for reuse of historic buildings - within newly identified realignment requirements: Provided, - That, this provision shall not apply to capital projects in - VISN 23, or any other VISN, which have been authorized or - approved by Congress. - Sec. 233. Effective during the period beginning on October 1, 2018 -and ending on January 1, 2024, none of the funds made available to the -Secretary of Veterans Affairs by this or any other Act may be obligated -or expended in contravention of the ``Veterans Health Administration -Clinical Preventive Services Guidance Statement on the Veterans Health -Administration's Screening for Breast Cancer Guidance'' published on -May 10, 2017, as issued by the Veterans Health Administration National -Center for Health Promotion and Disease Prevention. - Sec. 234. (a) Chapter 17 of title 38, United States Code, is -amended by inserting after section 1720I the following new section: -``Sec. 1720J. Provision of assisted reproductive technology or adoption - reimbursements for certain disabled veterans - ``(a) Provision of Services.--Subject to the availability of -appropriations, the Secretary may provide-- - ``(1) fertility counseling and treatment using assisted - reproductive technology to a covered veteran or the spouse of a - covered veteran; or - ``(2) adoption reimbursement to a covered veteran. - ``(b) Limitations.--Amounts made available for the purposes -specified in subsection (a) are subject to the requirements for funds -contained in section 508 of division H of the Consolidated -Appropriations Act, 2017 (Public Law 115-31). - ``(c) Definitions.--In this section: - ``(1) The term `adoption reimbursement' means reimbursement - for the adoption-related expenses for an adoption that is - finalized after the date of the enactment of this section under - the same terms as apply under the adoption reimbursement - program of the Department of Defense, as authorized in - Department of Defense Instruction 1341.09, including the - reimbursement limits and requirements set forth in such - instruction, as in effect on the date of the enactment of this - section. - ``(2) The term `assisted reproductive technology' means - benefits relating to reproductive assistance provided to a - member of the Armed Forces who incurs a serious injury or - illness on active duty pursuant to section 1074(c)(4)(A) of - title 10, as described in the memorandum on the subject of - `Policy for Assisted Reproductive Services for the Benefit of - Seriously or Severely Ill/Injured (Category II or III) Active - Duty Service Members' issued by the Assistant Secretary of - Defense for Health Affairs on April 3, 2012, and the guidance - issued to implement such policy, as in effect on the date of - the enactment of this section, including any limitations on the - amount of such benefits available to such a member, except - that-- - ``(A) the periods regarding embryo cryopreservation - and storage set forth in part III(G) and in part IV(H) - of such memorandum shall not apply; and - ``(B) such term includes embryo cryopreservation - and storage without limitation on the duration of such - cryopreservation and storage. - ``(3) The term `covered veteran' means a veteran who has a - service-connected disability that results in the inability of - the veteran to procreate without the use of fertility - treatment.''. - (b) The table of sections at the beginning of such chapter is -amended by inserting after the item relating to section 1720I the -following new item: - -``1720J. Provision of assisted reproductive technology or adoption - reimbursements for certain disabled - veterans.''. - Sec. 235. None of the funds appropriated or otherwise made -available by this Act or any other Act for the Department of Veterans -Affairs may be used in a manner that is inconsistent with: (1) section -842 of the Transportation, Treasury, Housing and Urban Development, the -Judiciary, the District of Columbia, and Independent Agencies -Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) -section 8110(a)(5) of title 38, United States Code. - Sec. 236. Section 842 of Public Law 109-115 shall not apply to -conversion of an activity or function of the Veterans Health -Administration, Veterans Benefits Administration, or National Cemetery -Administration to contractor performance by a business concern that is -at least 51 percent owned by one or more Indian tribes as defined in -section 5304(e) of title 25, United States Code, or one or more Native -Hawaiian Organizations as defined in section 637(a)(15) of title 15, -United States Code. - Sec. 237. (a) Except as provided in subsection (b), the Secretary -of Veterans Affairs, in consultation with the Secretary of Defense and -the Secretary of Labor, shall discontinue using Social Security account -numbers to identify individuals in all information systems of the -Department of Veterans Affairs as follows: - (1) For all veterans submitting to the Secretary of - Veterans Affairs new claims for benefits under laws - administered by the Secretary, not later than 5 years after the - date of the enactment of this Act. - (2) For all individuals not described in paragraph (1), not - later than 8 years after the date of the enactment of this Act. - (b) The Secretary of Veterans Affairs may use a Social Security -account number to identify an individual in an information system of -the Department of Veterans Affairs only if the use of such number is -required to obtain information the Secretary requires from an -information system that is not under the jurisdiction of the Secretary. - Sec. 238. For funds provided to the Department of Veterans Affairs -for each of fiscal year 2020 and 2021 for ``Medical Services'', section -239 of Division A of Public Law 114-223 shall apply. - Sec. 239. None of the funds appropriated in this or prior -appropriations Acts or otherwise made available to the Department of -Veterans Affairs may be used to transfer any amounts from the Filipino -Veterans Equity Compensation Fund to any other account within the -Department of Veterans Affairs. - Sec. 240. Of the funds provided to the Department of Veterans -Affairs for each of fiscal year 2020 and fiscal year 2021 for ``Medical -Services'', funds may be used in each year to carry out and expand the -child care program authorized by section 205 of Public Law 111-163, -notwithstanding subsection (e) of such section. - Sec. 241. None of the funds appropriated or otherwise made -available in this title may be used by the Secretary of Veterans -Affairs to enter into an agreement related to resolving a dispute or -claim with an individual that would restrict in any way the individual -from speaking to members of Congress or their staff on any topic not -otherwise prohibited from disclosure by Federal law or required by -Executive order to be kept secret in the interest of national defense -or the conduct of foreign affairs. - Sec. 242. For funds provided to the Department of Veterans Affairs -for each of fiscal year 2020 and 2021, section 258 of division A of -Public Law 114-223 shall apply. - Sec. 243. For an additional amount for the Department of Veterans -Affairs, $1,000,000,000 to remain available until expended, for -infrastructure improvements, including new construction, and in -addition to amounts otherwise made available in this Act for such -purpose, of which: - (1) $850,000,000 shall be available for seismic improvement - projects and seismic program management activities, including - projects that would otherwise be funded by the Construction, - Major Projects, the Construction, Minor Projects, Medical - Facilities, or National Cemetery Administration accounts. - (2) $150,000,000 shall be for ``Departmental - Administration--Construction, Minor Projects'': - Provided, That the additional amounts appropriated under this section -for the purpose of minor construction may be used to carry out critical -life-safety projects identified in the Department's annual facility -condition assessments; sustainment projects; modernization projects; -infrastructure repair; renovations at existing Veterans Health -Administration medical centers and outpatient clinics; and projects -included in the Strategic Capital Investment Process plan: Provided -further, That notwithstanding the requirements of section 8104(a) of -title 38, United States Code, amounts made available under this heading -for seismic improvement projects and seismic program management -activities shall be available for the completion of both new and -existing projects of the Department: Provided further, That the -additional amounts appropriated under this section may not be obligated -or expended until the Secretary of Veterans Affairs submits to the -Committees on Appropriations of both Houses of Congress, and such -Committees approve, a detailed expenditure plan, including project -descriptions and costs, for any minor construction, major construction, -or seismic improvement project being funded with the additional amounts -made available in this administrative provision. - Sec. 244. (a) None of the funds appropriated or otherwise made -available by this Act may be used to deny an Inspector General funded -under this Act timely access to any records, documents, or other -materials available to the department or agency of the United States -Government over which such Inspector General has responsibilities under -the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or -impede the access of such Inspector General to such records, documents, -or other materials, under any provision of law, except a provision of -law that expressly refers to such Inspector General and expressly -limits the right of access of such Inspector General. - (b) A department or agency covered by this section shall provide -its Inspector General access to all records, documents, and other -materials in a timely manner. - (c) Each Inspector General covered by this section shall ensure -compliance with statutory limitations on disclosure relevant to the -information provided by the department or agency over which that -Inspector General has responsibilities under the Inspector General Act -of 1978 (5 U.S.C. App.). - (d) Each Inspector General covered by this section shall report to -the Committee on Appropriations of the Senate and the Committee on -Appropriations of the House of Representatives within 5 calendar days -of any failure by any department or agency covered by this section to -comply with this section. - Sec. 245. None of the funds made available in this Act may be used -in a manner that would increase wait times for veterans who seek care -at medical facilities of the Department of Veterans Affairs. - Sec. 246. None of the funds appropriated or otherwise made -available by this Act to the Veterans Health Administration may be used -in fiscal year 2020 to convert any program which received specific -purpose funds in fiscal year 2019 to a general purpose funded program -unless the Secretary of Veterans Affairs submits written notification -of any such proposal to the Committees on Appropriations of both Houses -of Congress at least thirty days prior to any such action and an -approval is issued by the Committees. - Sec. 247. (a) Except as provided by subsection (b), none of the -funds made available by this Act may be used by the Secretary of -Veterans Affairs to purchase, breed, transport, house, feed, maintain, -dispose of, or experiment on, dogs as part of the conduct of any study -including an assignment of pain category D or E, as defined by the Pain -and Distress Categories of the Department of Agriculture (or such -successor categories developed pursuant to section 13 of the Animal -Welfare Act (7 U.S.C. 2143)). - (b) Subsection (a) shall not apply to training programs or studies -of service dogs described in section 1714 of title 38, United States -Code, or section 17.148 of title 38, Code of Federal Regulations. - Sec. 248. None of the funds made available by this Act may be used -by the Secretary of Veterans Affairs to close the community based -outpatient clinic located in Bainbridge, New York, until the Secretary -of Veterans Affairs submits to the Committees on Appropriations of the -House of Representatives and the Senate a market area assessment. - Sec. 249. (a) Not later than 180 days after the date of the -enactment of this Act, and not less frequently than once every five- -year period thereafter, the Secretary of Veterans Affairs shall update -the handbook of the Department of Veterans Affairs titled ``Planning -and Activating Community Based Outpatient Clinics'', or a successor -handbook, to reflect current policies, best practices, and clarify the -roles and responsibilities of the personnel of the Department involved -in the leasing projects of the Department. - (b) The Secretary shall ensure that the handbook specified in -subsection (a) defines ``community based outpatient clinic'' in the -same manner as such term is defined in the Veterans Health -Administration Site Tracking database (commonly known as ``VAST'') as -of the date of the enactment of this Act. - (c) The Secretary shall ensure that the Veterans Health -Administration incorporates the best practices contained in the -handbook specified in subsection (a) in conducting oversight of the -medical centers of the Department of Veterans Affairs and the Veterans -Integrated Service Network. - (d) Not later than 180 days after the date of the enactment of this -Act, the Secretary shall provide guidance and training to employees of -the Veterans Health Administration for the use of the handbook -specified in subsection (a). The Secretary shall update such guidance -and training together with each update of such handbook. - - (rescission of funds) - - Sec. 250. Of the funds made available for fiscal year 2019 under -the heading ``Department of Veterans Affairs--Departmental -Administration--Veterans Electronic Health Record'' in title II of -division C of the Energy and Water, Legislative Branch, and Military -Construction and Veterans Affairs Appropriations Act, 2019 (Public Law -115-244), $70,000,000 is hereby rescinded. - Sec. 251. Section 252 of the Military Construction, Veterans -Affairs, and Related Agencies Appropriations Act, 2018 (division J of -Public Law 115-141; 132 Stat. 825; 38 U.S.C. 1701 note) is amended by -striking ``The Secretary may carry out a 2-year pilot program'' and -inserting ``During the period preceding October 1, 2022, the Secretary -of Veterans Affairs may carry out a 2-year pilot program''. - - TITLE III - - RELATED AGENCIES - - American Battle Monuments Commission - - salaries and expenses - - For necessary expenses, not otherwise provided for, of the American -Battle Monuments Commission, including the acquisition of land or -interest in land in foreign countries; purchases and repair of uniforms -for caretakers of national cemeteries and monuments outside of the -United States and its territories and possessions; rent of office and -garage space in foreign countries; purchase (one-for-one replacement -basis only) and hire of passenger motor vehicles; not to exceed $15,000 -for official reception and representation expenses; and insurance of -official motor vehicles in foreign countries, when required by law of -such countries, $104,000,000, to remain available until expended. - - foreign currency fluctuations account - - For necessary expenses, not otherwise provided for, of the American -Battle Monuments Commission, such sums as may be necessary, to remain -available until expended, for purposes authorized by section 2109 of -title 36, United States Code. - - United States Court of Appeals for Veterans Claims - - salaries and expenses - - For necessary expenses for the operation of the United States Court -of Appeals for Veterans Claims as authorized by sections 7251 through -7298 of title 38, United States Code, $35,400,000: Provided, That -$2,698,997 shall be available for the purpose of providing financial -assistance as described and in accordance with the process and -reporting procedures set forth under this heading in Public Law 102- -229. - - Department of Defense--Civil - - Cemeterial Expenses, Army - - salaries and expenses - - For necessary expenses for maintenance, operation, and improvement -of Arlington National Cemetery and Soldiers' and Airmen's Home National -Cemetery, including the purchase or lease of passenger motor vehicles -for replacement on a one-for-one basis only, and not to exceed $2,000 -for official reception and representation expenses, $80,800,000, of -which not to exceed $15,000,000 shall remain available until September -30, 2022. In addition, such sums as may be necessary for parking -maintenance, repairs and replacement, to be derived from the ``Lease of -Department of Defense Real Property for Defense Agencies'' account. - - construction - - For necessary expenses for planning and design and construction at -Arlington National Cemetery and Soldiers' and Airmen's Home National -Cemetery, $131,000,000, to remain available until expended, for -planning and design and construction associated with the Southern -Expansion project at Arlington National Cemetery. - - armed forces retirement home trust fund - - For expenses necessary for the Armed Forces Retirement Home to -operate and maintain the Armed Forces Retirement Home--Washington, -District of Columbia, and the Armed Forces Retirement Home--Gulfport, -Mississippi, to be paid from funds available in the Armed Forces -Retirement Home Trust Fund, $70,300,000, of which $5,000,000 shall -remain available until expended for construction and renovation of the -physical plants at the Armed Forces Retirement Home--Washington, -District of Columbia, and the Armed Forces Retirement Home--Gulfport, -Mississippi: Provided, That of the amounts made available under this -heading from funds available in the Armed Forces Retirement Home Trust -Fund, $22,000,000 shall be paid from the general fund of the Treasury -to the Trust Fund. - - Administrative Provision - - Sec. 301. Amounts deposited into the special account established -under 10 U.S.C. 4727 are appropriated and shall be available until -expended to support activities at the Army National Military -Cemeteries. - - TITLE IV - - OVERSEAS CONTINGENCY OPERATIONS - - DEPARTMENT OF DEFENSE - - Military Construction, Army - - For an additional amount for ``Military Construction, Army'', -$156,860,000, to remain available until September 30, 2024, for -projects outside of the United States: Provided, That such amount is -designated by the Congress for Overseas Contingency Operations/Global -War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced -Budget and Emergency Deficit Control Act of 1985, as amended. - - Military Construction, Navy and Marine Corps - - For an additional amount for ``Military Construction, Navy and -Marine Corps'', $281,576,000, to remain available until September 30, -2024, for projects outside of the United States: Provided, That such -amount is designated by the Congress for Overseas Contingency -Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) -of the Balanced Budget and Emergency Deficit Control Act of 1985, as -amended. - - Military Construction, Air Force - - For an additional amount for ``Military Construction, Air Force'' -$436,564,000, to remain available until September 30, 2024, for -projects outside of the United States: Provided, That such amount is -designated by the Congress for Overseas Contingency Operations/Global -War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced -Budget and Emergency Deficit Control Act of 1985, as amended. - - Military Construction, Defense-Wide - - For an additional amount for ``Military Construction, Defense- -Wide'', $46,000,000, to remain available until September 30, 2024, for -projects outside of the United States: Provided, That such amount is -designated by the Congress for Overseas Contingency Operations/Global -War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced -Budget and Emergency Deficit Control Act of 1985, as amended. - - Administrative Provision - - Sec. 401. Each amount designated in this Act by the Congress for -Overseas Contingency Operations/Global War on Terrorism pursuant to -section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit -Control Act of 1985 shall be available only if the President -subsequently so designates all such amounts and transmits such -designations to the Congress. - - TITLE V - - NATURAL DISASTER RELIEF - - DEPARTMENT OF DEFENSE - - Military Construction, Navy and Marine Corps - - For an additional amount for ``Military Construction, Navy and -Marine Corps'', $1,210,948,000: Provided, That such amounts may be -obligated and expended to carry out planning and design and military -construction projects authorized by law: Provided further, That such -amounts are designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985, as amended. - - Military Construction, Air Force - - For an additional amount for ``Military Construction, Air Force'', -$1,035,752,000: Provided, That such amounts may be obligated and -expended to carry out planning and design and military construction -projects authorized by law: Provided further, That such amounts are -designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985, as amended. - - Military Construction, Army National Guard - - For an additional amount for ``Military Construction, Army National -Guard'', $50,000,000: Provided, That such amounts may be obligated and -expended to carry out planning and design and military construction -projects authorized by law: Provided further, That such amounts are -designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985, as amended. - - Military Construction, Army Reserve - - For an additional amount for ``Military Construction, Army -Reserve'', $3,300,000: Provided, That such amounts may be obligated and -expended to carry out planning and design and military construction -projects authorized by law: Provided further, That such amounts are -designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985, as amended. - - Administrative Provision - - Sec. 501. Each amount designated in this title as being for an -emergency requirement as pursuant to section 251(b)(2)(A)(i) of the -Balanced Budget and Emergency Deficit Control Act of 1985 shall be -available only if the President subsequently so designates all such -amounts and transmits such amounts and transmits such designations to -the Congress: Provided, That none of the funds shall be available for -obligation until the Committees on Appropriations of the House of -Representatives and the Senate receive a master plan for the -installations and a form 1391 for each specific project: Provided -further, That not later than 60 days after enactment of this Act, the -Service Secretaries or their designee, shall submit to the Committees -on Appropriations of the House of Representatives and the Senate a -detailed expenditure plan for funds provided under this heading. - - TITLE VI - - GENERAL PROVISIONS - - Sec. 601. No part of any appropriation contained in this Act shall -remain available for obligation beyond the current fiscal year unless -expressly so provided herein. - Sec. 602. None of the funds made available in this Act may be used -for any program, project, or activity, when it is made known to the -Federal entity or official to which the funds are made available that -the program, project, or activity is not in compliance with any Federal -law relating to risk assessment, the protection of private property -rights, or unfunded mandates. - Sec. 603. All departments and agencies funded under this Act are -encouraged, within the limits of the existing statutory authorities and -funding, to expand their use of ``E-Commerce'' technologies and -procedures in the conduct of their business practices and public -service activities. - Sec. 604. Unless stated otherwise, all reports and notifications -required by this Act shall be submitted to the Subcommittee on Military -Construction and Veterans Affairs, and Related Agencies of the -Committee on Appropriations of the House of Representatives and the -Subcommittee on Military Construction and Veterans Affairs, and Related -Agencies of the Committee on Appropriations of the Senate. - Sec. 605. None of the funds made available in this Act may be -transferred to any department, agency, or instrumentality of the United -States Government except pursuant to a transfer made by, or transfer -authority provided in, this or any other appropriations Act. - Sec. 606. None of the funds made available in this Act may be used -for a project or program named for an individual serving as a Member, -Delegate, or Resident Commissioner of the United States House of -Representatives. - Sec. 607. (a) Any agency receiving funds made available in this -Act, shall, subject to subsections (b) and (c), post on the public Web -site of that agency any report required to be submitted by the Congress -in this or any other Act, upon the determination by the head of the -agency that it shall serve the national interest. - (b) Subsection (a) shall not apply to a report if-- - (1) the public posting of the report compromises national - security; or - (2) the report contains confidential or proprietary - information. - (c) The head of the agency posting such report shall do so only -after such report has been made available to the requesting Committee -or Committees of Congress for no less than 45 days. - Sec. 608. (a) None of the funds made available in this Act may be -used to maintain or establish a computer network unless such network -blocks the viewing, downloading, and exchanging of pornography. - (b) Nothing in subsection (a) shall limit the use of funds -necessary for any Federal, State, tribal, or local law enforcement -agency or any other entity carrying out criminal investigations, -prosecution, or adjudication activities. - Sec. 609. None of the funds made available in this Act may be used -by an agency of the executive branch to pay for first-class travel by -an employee of the agency in contravention of sections 301-10.122 -through 301-10.124 of title 41, Code of Federal Regulations. - Sec. 610. None of the funds made available in this Act may be used -to execute a contract for goods or services, including construction -services, where the contractor has not complied with Executive Order -No. 12989. - Sec. 611. None of the funds made available by this Act may be used -by the Department of Defense or the Department of Veterans Affairs to -lease or purchase new light duty vehicles for any executive fleet, or -for an agency's fleet inventory, except in accordance with Presidential -Memorandum--Federal Fleet Performance, dated May 24, 2011. - Sec. 612. Notwithstanding any other provision of law, none of the -funds appropriated in this or any other Act for a military construction -project, as defined by section 2801 of title 10, United States Code, -for any of fiscal years 2015 through 2019 or for fiscal year 2020 may -be obligated, expended, or used to design, construct, or carry out a -project to construct a wall, barrier, fence, or road along the Southern -border of the United States or a road to provide access to a wall, -barrier, or fence constructed along the Southern border of the United -States. - - additional requirements for child care providers - - Sec. 613. (a) Subject to subsection (b), none of the funds -appropriated by this bill may be provided to a child care center, child -care agency, or child care provider that employs an individual who has -been convicted of-- - (1) A sex offense; - (2) An offense involving a child victim; or - (3) A violent crime involving any of the following: - (A) Elder abuse. - (B) Gun Violence. - (C) Domestic Violence. - (D) Terrorism. - (b) Payment may be made under this section to a child care center, -child care agency, or child care provider if such child care center, -child care agency, or child care provider has suspended the individual -described in subsection (a) from having any contact with children while -on the job until the case is resolved. - Sec. 614. None of the funds made available by this Act may be used -to replace or diminish the quality of care provided by the TRICARE -program (as defined in Section 1072 of Title 10 of the United States -Code). - Sec. 615. Except as expressly provided otherwise, any reference to -``this Act'' contained in this division shall be treated as referring -only to the provisions of this division. - Sec. 616. Any reference to a ``report accompanying this Act'' -contained in this division shall be treated as a reference to House -Report 116-63. The effect of such Report shall be limited to this -division and shall apply for purposes of determining the allocation of -funds provided by, and the implementation of, this division. - Sec. 617. None of the funds made available by this Act may be used -to carry out a new or additional Base Realignment and Closure (BRAC) -Round. - Sec. 618. None of the funds made available by this Act may be used -in contravention of section 101(e)(8) of title 10, United States Code. - Sec. 619. None of the funds made available by this Act may be used -in contravention of Executive Order No. 13858. - This Act may be cited as the ``Military Construction, Veterans -Affairs, and Related Agencies Appropriations Act, 2020''. - -DIVISION E--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED - AGENCIES APPROPRIATIONS ACT, 2020 - - The following sums are appropriated, out of any money in the -Treasury not otherwise appropriated, for the Departments of -Transportation, and Housing and Urban Development, and related agencies -for the fiscal year ending September 30, 2020, and for other purposes, -namely: - - TITLE I - - DEPARTMENT OF TRANSPORTATION - - Office of the Secretary - - salaries and expenses - - For necessary expenses of the Office of the Secretary, $113,910,000 -(reduced by $5,000,000) (increased by $5,000,000) (increased by $1) -(reduced by $1) (reduced by $2,000,000) (reduced by $1,000,000) -(reduced by $10,000,000) (reduced by $1,000,000) (reduced by -$1,000,000) (reduced by $12,000,000), of which not to exceed $3,065,000 -shall be available for the immediate Office of the Secretary; not to -exceed $1,000,000 shall be available for the immediate Office of the -Deputy Secretary; not to exceed $20,428,000 (increased by $1,000,000) -(reduced by $1,000,000) shall be available for the Office of the -General Counsel; not to exceed $10,331,000 shall be available for the -Office of the Under Secretary of Transportation for Policy; not to -exceed $14,300,000 shall be available for the Office of the Assistant -Secretary for Budget and Programs; not to exceed $2,546,000 shall be -available for the Office of the Assistant Secretary for Governmental -Affairs; not to exceed $29,244,000 shall be available for the Office of -the Assistant Secretary for Administration; not to exceed $2,142,000 -shall be available for the Office of Public Affairs; not to exceed -$1,859,000 shall be available for the Office of the Executive -Secretariat; not to exceed $12,181,000 shall be available for the -Office of Intelligence, Security, and Emergency Response; and not to -exceed $16,814,000 shall be available for the Office of the Chief -Information Officer: Provided, That the Secretary of Transportation is -authorized to transfer funds appropriated for any office of the Office -of the Secretary to any other office of the Office of the Secretary: -Provided further, That no appropriation for any office shall be -increased or decreased by more than 7 percent by all such transfers: -Provided further, That notice of any change in funding greater than 7 -percent shall be submitted for approval to the House and Senate -Committees on Appropriations: Provided further, That not to exceed -$60,000 shall be for allocation within the Department for official -reception and representation expenses as the Secretary may determine: -Provided further, That notwithstanding any other provision of law, -excluding fees authorized in Public Law 107-71, there may be credited -to this appropriation up to $2,500,000 in funds received in user fees: -Provided further, That none of the funds provided in this Act shall be -available for the position of Assistant Secretary for Public Affairs. - - research and technology - - For necessary expenses related to the Office of the Assistant -Secretary for Research and Technology, $42,948,000 (reduced by -$2,000,000) (increased by $2,000,000) (reduced by $800,000) (reduced by -$2,000,000), of which $21,166,000 shall remain available until -September 30, 2022, and of which $15,000,000, to remain available until -expended, is for new competitive grants under section 5505 of title 49, -United States Code, for Tier I University Transportation Centers: -Provided, That such amounts are in addition to amounts previously -provided for such program: Provided further, That section -5505(c)(4)(A) of title 49, United States Code, shall not apply to -amounts for additional Tier I University Transportation Centers -provided under this heading: Provided further, That there may be -credited to this appropriation, to be available until expended, funds -received from States, counties, municipalities, other public -authorities, and private sources for expenses incurred for training: -Provided further, That any reference in law, regulation, judicial -proceedings, or elsewhere to the Research and Innovative Technology -Administration shall continue to be deemed to be a reference to the -Office of the Assistant Secretary for Research and Technology of the -Department of Transportation. - - national infrastructure investments - - For capital investments in surface transportation infrastructure, -$1,000,000,000 (reduced by $10,000,000) (increased by $10,000,000) -(reduced by $1) (increased by $1) (reduced by $1,000,000) (increased by -$1,000,000), to remain available through September 30, 2022: Provided, -That the Secretary of Transportation shall distribute funds provided -under this heading as discretionary grants to be awarded to a State, -local government, transit agency, port authority, or a collaboration -among such entities on a competitive basis for projects that will have -a significant local or regional impact: Provided further, That -projects eligible for funding provided under this heading shall -include, but not be limited to, highway or bridge projects eligible -under title 23, United States Code; public transportation projects -eligible under chapter 53 of title 49, United States Code; passenger -and freight rail transportation projects; and port infrastructure -investments (including inland port infrastructure and land ports of -entry): Provided further, That of the amount made available under this -heading, the Secretary shall use $15,000,000 (increased by $5,000,000) -for the planning, preparation or design of projects eligible for -funding under this heading, with an emphasis on transit, transit -oriented development, and multimodal projects: Provided further, That -of the amount made available under this heading, the Secretary shall -use $20,000,000 (increased by $5,000,000) (reduced by $5,000,000) for -the planning, preparation or design of projects eligible for funding -under this heading located in areas of persistent poverty: Provided -further, That the term persistent poverty means any county that has had -20 percent or more of its population living in poverty over the past 30 -years, as measured by the 1990 and 2000 decennial census and the most -recent Small Area Income and Poverty Estimates, or any census tract -with a poverty rate of at least 20 percent as measured by the 2013-2017 -five-year data series available from the American Community Survey of -the Census Bureau, or any territory or possession of the United States: - Provided further, That grants awarded under the previous three -provisos shall not be subject to a minimum grant size: Provided -further, That the Secretary may use up to 20 percent of the funds made -available under this heading for the purpose of paying the subsidy and -administrative costs of projects eligible for Federal credit assistance -under chapter 6 of title 23, United States Code, or sections 501 -through 504 of the Railroad Revitalization and Regulatory Reform Act of -1976 (Public Law 94-210), as amended, if the Secretary finds that such -use of the funds would advance the purposes of this paragraph: -Provided further, That in distributing funds provided under this -heading, the Secretary shall take such measures so as to ensure an -equitable geographic distribution of funds, an equitable distribution -of funds between urban and rural areas, and the investment in a variety -of transportation modes, including public transit, passenger rail, and -pedestrian improvements: Provided further, That a grant funded under -this heading shall be not less than $5,000,000 and not greater than -$50,000,000: Provided further, That not more than 15 percent of the -funds made available under this heading may be awarded to projects in a -single State: Provided further, That the Federal share of the costs -for which an expenditure is made under this heading shall be, at the -option of the recipient, up to 80 percent: Provided further, That the -Secretary shall give priority to projects that require a contribution -of Federal funds in order to complete an overall financing package: -Provided further, That of the funds awarded under this heading not more -than 50 percent shall be for projects located in a rural area with a -population equal to or less than 200,000: Provided further, That for -projects located in a rural area, the minimum grant size shall be -$1,000,000 and the Secretary may increase the Federal share of costs -above 80 percent: Provided further, That of the funds awarded under -this heading not more than 50 percent shall be for projects located in -an urbanized area with a population of more than 200,000: Provided -further, That funds for an urbanized area under the previous proviso -may be obligated to projects in the metropolitan area established under -section 134 of title 23, United States Code, that encompasses such -urbanized area: Provided further, That the Secretary shall consider -the benefits of a project on urban and rural areas to the fullest -extent to include all relevant geographic areas: Provided further, -That projects conducted using funds provided under this heading must -comply with the requirements of subchapter IV of chapter 31 of title -40, United States Code: Provided further, That the Secretary shall -conduct a new competition to select the grants and credit assistance -awarded under this heading: Provided further, That the Secretary may -retain up to $25,000,000 of the funds provided under this heading, and -may transfer portions of those funds to the Administrators of the -Federal Highway Administration, the Federal Transit Administration, the -Federal Railroad Administration, and the Maritime Administration to -fund the award and oversight of grants and credit assistance made under -the National Infrastructure Investments program: Provided further, -That the Secretary shall consider and award projects based solely on -the selection criteria from the fiscal year 2017 Notice of Funding -Opportunity: Provided further, That, notwithstanding the previous -proviso, the Secretary shall not use the Federal share or an -applicant's ability to generate non-Federal revenue as a selection -criteria in awarding projects: Provided further, That the Secretary -shall issue the Notice of Funding Opportunity no later than 60 days -after enactment of this Act: Provided further, That such Notice of -Funding Opportunity shall require application submissions 90 days after -the publishing of such Notice: Provided further, That of the -applications submitted under the previous two provisos, the Secretary -shall make grants no later than 270 days after enactment of this Act in -such amounts that the Secretary determines: Provided further, That -such sums provided for national infrastructure investments for -multimodal safety projects under title VIII of division F of the -Consolidated and Further Continuing Appropriations Act, 2013 (Public -Law 113-6; 127 Stat. 432) shall remain available through fiscal year -2024 for the liquidation of valid obligations of active grants awarded -with this funding: Provided further, That the preceding proviso shall -be applied as if it were in effect on September 30, 2019. - - national surface transportation and innovative finance bureau - - For necessary expenses of the National Surface Transportation and -Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000 -(increased by $1,000,000), to remain available until expended: -Provided, That the Secretary shall notify the House and Senate -Committees on Appropriations no less than 15 days prior to exercising -the transfer authority granted under section 116(h) of title 49, United -States Code. - - financial management capital - - For necessary expenses for upgrading and enhancing the Department -of Transportation's financial systems and re-engineering business -processes, $2,000,000, to remain available through September 30, 2021. - - cyber security initiatives - - For necessary expenses for cyber security initiatives, including -necessary upgrades to wide area network and information technology -infrastructure, improvement of network perimeter controls and identity -management, testing and assessment of information technology against -business, security, and other requirements, implementation of Federal -cyber security initiatives and information infrastructure enhancements, -and implementation of enhanced security controls on network devices, -$15,000,000, to remain available through September 30, 2021. - - office of civil rights - - For necessary expenses of the Office of Civil Rights, $9,470,000. - - transportation planning, research, and development - - For necessary expenses for conducting transportation planning, -research, systems development, development activities, and making -grants, $15,879,000 (reduced by $1,000,000) (increased by $1,000,000), -to remain available until expended: Provided, That of such amount, -$1,000,000 shall be for necessary expenses of the Interagency -Infrastructure Permitting Improvement Center (IIPIC): Provided -further, That there may be transferred to this appropriation, to remain -available until expended, amounts transferred from other Federal -agencies for expenses incurred under this heading for IIPIC activities -not related to transportation infrastructure: Provided further, That -the tools and analysis developed by the IIPIC shall be available to -other Federal agencies for the permitting and review of major -infrastructure projects not related to transportation only to the -extent that other Federal agencies provide funding to the Department as -provided for under the previous proviso. - - working capital fund - - For necessary expenses for operating costs and capital outlays of -the Working Capital Fund, not to exceed $424,901,000, shall be paid -from appropriations made available to the Department of Transportation: - Provided, That such services shall be provided on a competitive basis -to entities within the Department of Transportation: Provided further, -That the above limitation on operating expenses shall not apply to non- -DOT entities: Provided further, That no funds appropriated in this Act -to an agency of the Department shall be transferred to the Working -Capital Fund without majority approval of the Working Capital Fund -Steering Committee and approval of the Secretary: Provided further, -That no assessments may be levied against any program, budget activity, -subactivity or project funded by this Act unless notice of such -assessments and the basis therefor are presented to the House and -Senate Committees on Appropriations and are approved by such -Committees. - - small and disadvantaged business utilization and outreach - - For necessary expenses for small and disadvantaged business -utilization and outreach activities, $4,646,000, to remain available -until September 30, 2021: Provided, That notwithstanding 49 U.S.C. -332, these funds may be used for business opportunities related to any -mode of transportation: Provided further, That appropriations made -available under this heading shall be available for any purpose -consistent with prior year appropriations that were made available -under the heading ``Minority Business Resource Center Program''. - - payments to air carriers - - (airport and airway trust fund) - - In addition to funds made available from any other source to carry -out the essential air service program under 49 U.S.C. 41731 through -41742, $175,000,000, to be derived from the Airport and Airway Trust -Fund, to remain available until expended: Provided, That in -determining between or among carriers competing to provide service to a -community, the Secretary may consider the relative subsidy requirements -of the carriers: Provided further, That basic essential air service -minimum requirements shall not include the 15-passenger capacity -requirement under subsection 41732(b)(3) of title 49, United States -Code: Provided further, That none of the funds in this Act or any -other Act shall be used to enter into a new contract with a community -located less than 40 miles from the nearest small hub airport before -the Secretary has negotiated with the community over a local cost -share: Provided further, That amounts authorized to be distributed for -the essential air service program under subsection 41742(b) of title -49, United States Code, shall be made available immediately from -amounts otherwise provided to the Administrator of the Federal Aviation -Administration: Provided further, That the Administrator may reimburse -such amounts from fees credited to the account established under -section 45303 of title 49, United States Code. - - administrative provisions--office of the secretary of transportation - - Sec. 101. None of the funds made available in this Act to the -Department of Transportation may be obligated for the Office of the -Secretary of Transportation to approve assessments or reimbursable -agreements pertaining to funds appropriated to the modal -administrations in this Act, except for activities underway on the date -of enactment of this Act, unless such assessments or agreements have -completed the normal reprogramming process for Congressional -notification. - Sec. 102. The Secretary shall post on the Web site of the -Department of Transportation a schedule of all meetings of the Council -on Credit and Finance, including the agenda for each meeting, and -require the Council on Credit and Finance to record the decisions and -actions of each meeting. - Sec. 103. In addition to authority provided by section 327 of -title 49, United States Code, the Department's Working Capital Fund is -hereby authorized to provide partial or full payments in advance and -accept subsequent reimbursements from all Federal agencies from -available funds for transit benefit distribution services that are -necessary to carry out the Federal transit pass transportation fringe -benefit program under Executive Order No. 13150 and section 3049 of -Public Law 109-59: Provided, That the Department shall maintain a -reasonable operating reserve in the Working Capital Fund, to be -expended in advance to provide uninterrupted transit benefits to -Government employees: Provided further, That such reserve will not -exceed one month of benefits payable and may be used only for the -purpose of providing for the continuation of transit benefits: -Provided further, That the Working Capital Fund will be fully -reimbursed by each customer agency from available funds for the actual -cost of the transit benefit. - Sec. 104. For an additional amount for ``Office of the Secretary-- -Salaries and Expenses'', $2,052,000, to become available on the date on -which the Secretary announces the selection of projects to receive -awards for each of the following competitive grants, with respect to -funds made available for fiscal year 2017 or fiscal year 2018 for such -grants: - (1) Federal-State Partnership for State of Good Repair - Grants, as authorized by section 24911 of title 49, United - States Code, and as funded under the heading ``Federal Railroad - Administration--Federal-State Partnership for State of Good - Repair Grants'' by Public Law 115-31 and as funded under the - heading ``Federal Railroad Administration--Federal-State - Partnership for State of Good Repair'' by Public Law 115-141. - (2) Consolidated Rail Infrastructure and Safety - Improvements Grants, as authorized by section 22907 of title - 49, United States Code, and as funded under the heading - ``Federal Railroad Administration--Consolidated Rail - Infrastructure and Safety Improvements'' by Public Law 115-141. - (3) Restoration and Enhancement Grants, as authorized by - section 22908 of title 49, United States Code, and as funded - under the heading ``Federal Railroad Administration-- - Restoration and Enhancement Grants'' by Public Law 115-31 and - as funded under the heading ``Federal Railroad Administration-- - Restoration and Enhancement'' by Public Law 115-141. - Sec. 105. (a) Of the amount made available to ``Office of the -Secretary--Research and Technology'', $1,000,000 (increased by -$500,000) (reduced by $500,000) shall be for the Secretary of -Transportation to enter into an arrangement with the National Academies -of Sciences, Engineering, and Medicine to conduct a study through the -Transportation Research Board on effective ways to measure the -resilience of transportation systems and services to natural disasters, -natural hazards, and other potential disruptions. - (b) The study conducted pursuant to subsection (a) shall-- - (1) identify and examine approaches used by Federal - agencies, States, metropolitan planning organizations, local - governments, and other organizations, including approaches - described in academic literature, to develop metrics for - transportation resilience, including methodologies used for - quantitative and qualitative data collection and analysis; and - (2) provide findings and recommendations on approaches to - measuring resilience that have shown or promise success, and - strategies to overcome challenges in measuring resilience. - (c) No later than 30 days after the date of enactment of this Act, -the Secretary of Transportation shall enter into the arrangement -described in subsection (a). - (d) No later than 210 days after the date of enactment of this Act, -the National Academies of Sciences, Engineering, and Medicine shall -provide an interim report of its findings to the Committees on -Appropriations of the House of Representatives and Senate. - (e) No later than 1 year after the date of enactment of this Act, -the Secretary of Transportation shall submit to the Committees on -Appropriations of the House of Representatives and Senate the final -study developed by the National Academies of Sciences, Engineering, and -Medicine. - Sec. 106. (a) Of the amount made available to ``Office of the -Secretary--Research and Technology'', $10,000,000 shall be for the -establishment of a Highly Automated Systems Safety Center of Excellence -within the Department of Transportation, in order to have a Department -of Transportation workforce capable of reviewing, validating, and -certifying the safety of automated technologies. - (b) The Highly Automated Systems Safety Center of Excellence -shall-- - (1) serve as a single place within the Department of - Transportation for expertise in automation and human behavior, - computer science, machine learning, sensors, and other - technologies involving automated systems; - (2) support all Operating Administrations of the Department - of Transportation; and - (3) have a workforce composed of Department of - Transportation employees, including direct hires or detailees - from Operating Administrations. - (c) Employees of the Highly Automated Systems Safety Center of -Excellence shall audit, inspect, and certify highly automated systems -to ensure their safety. - (d) No later than 90 days after the date of enactment of this Act, -the Secretary shall report to the Committees on Appropriations of the -House of Representatives and the Senate on staffing needs and the -staffing plan for the Highly Automated Systems Safety Center of -Excellence. - - Federal Aviation Administration - - operations - - (airport and airway trust fund) - - For necessary expenses of the Federal Aviation Administration, not -otherwise provided for, including operations and research activities -related to commercial space transportation, administrative expenses for -research and development, establishment of air navigation facilities, -the operation (including leasing) and maintenance of aircraft, -subsidizing the cost of aeronautical charts and maps sold to the -public, the lease or purchase of passenger motor vehicles for -replacement only, $10,677,758,000 (reduced by $1) (increased by $1), to -remain available until September 30, 2021, of which $9,833,400,000 -shall be derived from the Airport and Airway Trust Fund: Provided, -That of the sums appropriated under this heading-- - (1) not less than $1,603,969,000 (increased by $7,500,000) - shall be available for aviation safety activities; - (2) not to exceed $7,841,720,000 shall be available for air - traffic organization activities; - (3) not to exceed $24,949,000 (increased by $8,089,000) - shall be available for commercial space transportation - activities; - (4) not to exceed $816,398,000 (reduced by $7,500,000) - (reduced by $8,089,000) shall be available for finance and - management activities; - (5) not to exceed $61,258,000 shall be available for - NextGen and operations planning activities; - (6) not to exceed $114,165,000 shall be available for - security and hazardous materials safety; and - (7) not to exceed $215,299,000 shall be available for staff - offices, of which $5,000,000 is for the Minority Serving - Institutions internship program, $5,000,000 is for the aviation - maintenance technician development program (as described in - section 625 of Public Law 115-254), and $5,000,000 is for the - aviation workforce development program (as described in section - 625 of Public Law 115-254): - Provided further, That not to exceed 5 percent of any budget -activity, except for aviation safety budget activity, may be -transferred to any budget activity under this heading: Provided -further, That no transfer may increase or decrease any appropriation by -more than 5 percent: Provided further, That any transfer in excess of -5 percent shall be treated as a reprogramming of funds under section -405 of this Act and shall not be available for obligation or -expenditure except in compliance with the procedures set forth in that -section: Provided further, That not later than 60 days after the -submission of the budget request, the Administrator of the Federal -Aviation Administration shall transmit to Congress an annual update to -the report submitted to Congress in December 2004 pursuant to section -221 of Public Law 108-176: Provided further, That the amount herein -appropriated shall be reduced by $100,000 for each day after the date -that is 60 days after the submission of the budget request that such -report has not been submitted to the Congress: Provided further, That -not later than 60 days after the submission of the budget request, the -Administrator shall transmit to Congress a companion report that -describes a comprehensive strategy for staffing, hiring, and training -flight standards and aircraft certification staff in a format similar -to the one utilized for the controller staffing plan, including stated -attrition estimates and numerical hiring goals by fiscal year: -Provided further, That the amount herein appropriated shall be reduced -by $100,000 per day for each day after the date that is 60 days after -the submission of the budget request that such report has not been -submitted to Congress: Provided further, That funds may be used to -enter into a grant agreement with a nonprofit standard-setting -organization to assist in the development of aviation safety standards: - Provided further, That none of the funds in this Act shall be -available for new applicants for the second career training program: -Provided further, That none of the funds in this Act shall be available -for the Federal Aviation Administration to finalize or implement any -regulation that would promulgate new aviation user fees not -specifically authorized by law after the date of the enactment of this -Act: Provided further, That there may be credited to this -appropriation, as offsetting collections, funds received from States, -counties, municipalities, foreign authorities, other public -authorities, and private sources for expenses incurred in the provision -of agency services, including receipts for the maintenance and -operation of air navigation facilities, and for issuance, renewal or -modification of certificates, including airman, aircraft, and repair -station certificates, or for tests related thereto, or for processing -major repair or alteration forms: Provided further, That of the funds -appropriated under this heading, not less than $169,000,000 shall be -used to fund direct operations of the current air traffic control -towers in the contract tower program, including the contract tower cost -share program, and any airport that is currently qualified or that will -qualify for the program during the fiscal year: Provided further, That -none of the funds in this Act for aeronautical charting and cartography -are available for activities conducted by, or coordinated through, the -Working Capital Fund: Provided further, That none of the funds -appropriated or otherwise made available by this Act or any other Act -may be used to eliminate the Contract Weather Observers program at any -airport: Provided further, That the opening, closing, reorganization, -or redesignation of field or regional offices shall be subject to the -requirements of section 405 of this Act. - - facilities and equipment - - (airport and airway trust fund) - - For necessary expenses, not otherwise provided for, for -acquisition, establishment, technical support services, improvement by -contract or purchase, and hire of national airspace systems and -experimental facilities and equipment, as authorized under part A of -subtitle VII of title 49, United States Code, including initial -acquisition of necessary sites by lease or grant; engineering and -service testing, including construction of test facilities and -acquisition of necessary sites by lease or grant; construction and -furnishing of quarters and related accommodations for officers and -employees of the Federal Aviation Administration stationed at remote -localities where such accommodations are not available; and the -purchase, lease, or transfer of aircraft from funds available under -this heading, including aircraft for aviation regulation and -certification; to be derived from the Airport and Airway Trust Fund, -$3,000,000,000 (increased by $2,000,000) (increased by $7,000,000) -(reduced by $7,000,000), of which $512,823,000 shall remain available -until September 30, 2021, $2,372,127,000 shall remain available until -September 30, 2022, and $115,050,000 shall remain available until -expended: Provided, That there may be credited to this appropriation -funds received from States, counties, municipalities, other public -authorities, and private sources, for expenses incurred in the -establishment, improvement, and modernization of national airspace -systems: Provided further, That no later than 60 days after the -submission of the budget request, the Secretary of Transportation shall -transmit to the Congress an investment plan for the Federal Aviation -Administration which includes funding for each budget line item for -fiscal years 2021 through 2025, with total funding for each year of the -plan constrained to the funding targets for those years as estimated -and approved by the Office of Management and Budget. - - research, engineering, and development - - (airport and airway trust fund) - - For necessary expenses, not otherwise provided for, for research, -engineering, and development, as authorized under part A of subtitle -VII of title 49, United States Code, including construction of -experimental facilities and acquisition of necessary sites by lease or -grant, $191,100,000 (increased by $1,500,000) (reduced by $1,500,000) -(increased by $1,000,000) (reduced by $1,000,000), to be derived from -the Airport and Airway Trust Fund and to remain available until -September 30, 2022: Provided, That there may be credited to this -appropriation as offsetting collections, funds received from States, -counties, municipalities, other public authorities, and private -sources, which shall be available for expenses incurred for research, -engineering, and development: Provided further, That funds made -available under this heading shall be used in accordance with the -report accompanying this Act: Provided further, That not to exceed 10 -percent of any funding level specified under this heading in the report -accompanying this Act may be transferred to any other funding level -specified under this heading in the report accompanying this Act: -Provided further, That no transfer may increase or decrease any funding -level by more than 10 percent: Provided further, That any transfer in -excess of 10 percent shall be treated as a reprogramming of funds under -section 405 of this Act and shall not be available for obligation or -expenditure except in compliance with the procedures set forth in that -section. - - grants-in-aid for airports - - (liquidation of contract authorization) - - (limitation on obligations) - - (airport and airway trust fund) - - (including transfer of funds) - - For liquidation of obligations incurred for grants-in-aid for -airport planning and development, and noise compatibility planning and -programs as authorized under subchapter I of chapter 471 and subchapter -I of chapter 475 of title 49, United States Code, and under other law -authorizing such obligations; for procurement, installation, and -commissioning of runway incursion prevention devices and systems at -airports of such title; for grants authorized under section 41743 of -title 49, United States Code; and for inspection activities and -administration of airport safety programs, including those related to -airport operating certificates under section 44706 of title 49, United -States Code, $3,000,000,000, to be derived from the Airport and Airway -Trust Fund and to remain available until expended: Provided, That none -of the funds under this heading shall be available for the planning or -execution of programs the obligations for which are in excess of -$3,350,000,000 (reduced by $2,000,000) (increased by $2,000,000) in -fiscal year 2020, notwithstanding section 47117(g) of title 49, United -States Code: Provided further, That none of the funds under this -heading shall be available for the replacement of baggage conveyor -systems, reconfiguration of terminal baggage areas, or other airport -improvements that are necessary to install bulk explosive detection -systems: Provided further, That notwithstanding section 47109(a) of -title 49, United States Code, the Government's share of allowable -project costs under paragraph (2) for subgrants or paragraph (3) of -that section shall be 95 percent for a project at other than a large or -medium hub airport that is a successive phase of a multi-phased -construction project for which the project sponsor received a grant in -fiscal year 2011 for the construction project: Provided further, That -notwithstanding any other provision of law, of funds limited under this -heading, not more than $112,600,000 shall be available for -administration, not less than $15,000,000 shall be available for the -Airport Cooperative Research Program, not less than $33,210,000 shall -be available for Airport Technology Research, and $10,000,000 -(increased by $5,000,000) (reduced by $5,000,000), to remain available -until expended, shall be available and transferred to ``Office of the -Secretary, Salaries and Expenses'' to carry out the Small Community Air -Service Development Program: Provided further, That in addition to -airports eligible under section 41743 of title 49, United States Code, -such program may include the participation of an airport that serves a -community or consortium that is not larger than a small hub airport, -according to FAA hub classifications effective at the time the Office -of the Secretary issues a request for proposals. - grants-in-aid for airports + AT THE FIRST SESSION - For an additional amount for ``Grants-In-Aid for Airports'', to -enable the Secretary of Transportation to make grants for projects as -authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter -475 of title 49, United States Code, $500,000,000, to remain available -through September 30, 2022: Provided, That amounts made available -under this heading shall be derived from the general fund, and such -funds shall not be subject to apportionment formulas, special -apportionment categories, or minimum percentages under chapter 471: -Provided further, That the Secretary shall distribute funds provided -under this heading as discretionary grants to airports: Provided -further, That the amount made available under this heading shall not be -subject to any limitation on obligations for the Grants-in-Aid for -Airports program set forth in any Act: Provided further, That the -Administrator of the Federal Aviation Administration may retain up to -0.5 percent of the funds provided under this heading to fund the award -and oversight by the Administrator of grants made under this heading: -Provided further, That section 47115(j) of title 49, United States -Code, shall not apply with respect to amounts made available under this -heading: Provided further, That priority consideration shall be, -without regard to airport size, based on project justification and -completeness of pre-grant actions. + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen - administrative provisions--federal aviation administration - Sec. 110. None of the funds in this Act may be used to compensate -in excess of 600 technical staff-years under the federally funded -research and development center contract between the Federal Aviation -Administration and the Center for Advanced Aviation Systems Development -during fiscal year 2020. - Sec. 111. None of the funds in this Act shall be used to pursue or -adopt guidelines or regulations requiring airport sponsors to provide -to the Federal Aviation Administration without cost building -construction, maintenance, utilities and expenses, or space in airport -sponsor-owned buildings for services relating to air traffic control, -air navigation, or weather reporting: Provided, That the prohibition -of funds in this section does not apply to negotiations between the -agency and airport sponsors to achieve agreement on ``below-market'' -rates for these items or to grant assurances that require airport -sponsors to provide land without cost to the Federal Aviation -Administration for air traffic control facilities. - Sec. 112. The Administrator of the Federal Aviation Administration -may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) -from fees credited under 49 U.S.C. 45303 and any amount remaining in -such account at the close of that fiscal year may be made available to -satisfy section 41742(a)(1) for the subsequent fiscal year. - Sec. 113. Amounts collected under section 40113(e) of title 49, -United States Code, shall be credited to the appropriation current at -the time of collection, to be merged with and available for the same -purposes of such appropriation. - Sec. 114. None of the funds in this Act shall be available for -paying premium pay under subsection 5546(a) of title 5, United States -Code, to any Federal Aviation Administration employee unless such -employee actually performed work during the time corresponding to such -premium pay. - Sec. 115. None of the funds in this Act may be obligated or -expended for an employee of the Federal Aviation Administration to -purchase a store gift card or gift certificate through use of a -Government-issued credit card. - Sec. 116. None of the funds in this Act may be obligated or -expended for retention bonuses for an employee of the Federal Aviation -Administration without the prior written approval of the Assistant -Secretary for Administration of the Department of Transportation. - Sec. 117. Notwithstanding any other provision of law, none of the -funds made available under this Act or any prior Act may be used to -implement or to continue to implement any limitation on the ability of -any owner or operator of a private aircraft to obtain, upon a request -to the Administrator of the Federal Aviation Administration, a blocking -of that owner's or operator's aircraft registration number from any -display of the Federal Aviation Administration's Aircraft Situational -Display to Industry data that is made available to the public, except -data made available to a Government agency, for the noncommercial -flights of that owner or operator. - Sec. 118. None of the funds in this Act shall be available for -salaries and expenses of more than eight political and Presidential -appointees in the Federal Aviation Administration. - Sec. 119. None of the funds made available under this Act may be -used to increase fees pursuant to section 44721 of title 49, United -States Code, until the Federal Aviation Administration provides to the -House and Senate Committees on Appropriations a report that justifies -all fees related to aeronautical navigation products and explains how -such fees are consistent with Executive Order No. 13642. - Sec. 119A. None of the funds in this Act may be used to close a -regional operations center of the Federal Aviation Administration or -reduce its services unless the Administrator notifies the House and -Senate Committees on Appropriations not less than 90 full business days -in advance. - Sec. 119B. None of the funds appropriated or limited by this Act -may be used to change weight restrictions or prior permission rules at -Teterboro airport in Teterboro, New Jersey. - Sec. 119C. None of the funds provided under this Act may be used -by the Administrator of the Federal Aviation Administration to withhold -from consideration and approval any new application for participation -in the Contract Tower Program, or for reevaluation of Cost-share -Program participants as long as the Federal Aviation Administration has -received an application from the airport, and as long as the -Administrator determines such tower is eligible. - Sec. 119D. Of the funds provided under the heading ``Grants-in-aid -for Airports'', up to $3,500,000 may be for necessary expenses, -including an independent verification regime, to provide reimbursement -to airport sponsors that do not provide gateway operations and -providers of general aviation ground support services located at those -airports closed during a temporary flight restriction (TFR) for any -residence of the President that is designated or identified to be -secured by the United States Secret Service, and for direct and -incremental financial losses incurred while such airports are closed -solely due to the actions of the Federal Government: Provided, That no -funds shall be obligated or distributed to airport sponsors that do not -provide gateway operations and providers of general aviation ground -support services until an independent audit is completed: Provided -further, That losses incurred as a result of violations of law, or -through fault or negligence, of such operators and service providers or -of third parties (including airports) are not eligible for -reimbursements: Provided further, That obligation and expenditure of -funds are conditional upon full release of the United States Government -for all claims for financial losses resulting from such actions. + An Act - Federal Highway Administration - limitation on administrative expenses - - (highway trust fund) - - (including transfer of funds) - - Not to exceed $453,549,689, together with advances and -reimbursements received by the Federal Highway Administration, shall be -obligated for necessary expenses for administration and operation of -the Federal Highway Administration. In addition, $3,248,000 shall be -transferred to the Appalachian Regional Commission in accordance with -section 104(a) of title 23, United States Code. - - federal-aid highways - - (limitation on obligations) - - (highway trust fund) - - Funds available for the implementation or execution of Federal-aid -highway and highway safety construction programs authorized under -titles 23 and 49, United States Code, and the provisions of the Fixing -America's Surface Transportation (FAST) Act (Public Law 114-94) shall -not exceed total obligations of $46,365,092,000 for fiscal year 2020: -Provided, That the Secretary may collect and spend fees, as authorized -by title 23, United States Code, to cover the costs of services of -expert firms, including counsel, in the field of municipal and project -finance to assist in the underwriting and servicing of Federal credit -instruments and all or a portion of the costs to the Federal Government -of servicing such credit instruments: Provided further, That such fees -are available until expended to pay for such costs: Provided further, -That such amounts are in addition to administrative expenses that are -also available for such purpose, and are not subject to any obligation -limitation or the limitation on administrative expenses under section -608 of title 23, United States Code. - - (liquidation of contract authorization) - - (highway trust fund) - - For the payment of obligations incurred in carrying out Federal-aid -highway and highway safety construction programs authorized under title -23, United States Code, $47,104,092,000 derived from the Highway Trust -Fund (other than the Mass Transit Account), to remain available until -expended. - - highway infrastructure programs - - There is hereby appropriated to the Secretary of Transportation -$1,750,000,000 (increased by $10,000,000) (increased by $12,000,000): -Provided, That the amounts made available under this heading shall be -derived from the general fund, shall be in addition to any funds -provided for fiscal year 2020 in this or any other Act for ``Federal- -aid Highways'' under chapter 1 of title 23, United States Code, and -shall not affect the distribution or amount of funds provided in any -other Act: Provided further, That of the sums made available under -this heading-- - (1) $1,493,100,000 (increased by $10,000,000) (increased by - $12,000,000) shall be for activities eligible under section - 133(b) of title 23, United States Code, for the elimination of - hazards and the installation of protective devices at railway- - highway crossings, and to provide necessary charging - infrastructure along corridor ready or corridor pending - alternative fuel corridors as defined under 23 U.S.C. 151; - (2) $5,451,000 shall be for activities eligible under the - Puerto Rico Highway Program as described in section - 165(b)(2)(C) of title 23, United States Code; - (3) $1,449,000 shall be for activities eligible under the - Territorial Highway Program, as described in section 165(c)(6) - of title 23, United States Code; - (4) $166,000,000 shall be for the nationally significant - Federal lands and tribal projects program under section 1123 of - the FAST Act; - (5) $50,000,000 shall be for competitive grants for - activities described in section 130(a) of title 23, United - States Code; - (6) $15,000,000 shall be for grants for Advanced Digital - Construction Management Systems; - (7) $12,000,0000 shall be for the Regional Infrastructure - Accelerator Demonstration Program authorized under section 1441 - of the FAST Act; - (8) $5,000,000 shall be for a National Road Network Pilot - Program for the Federal Highway Administration to create a - national level, geo-spatial dataset that uses data already - collected under the Highway Performance Monitoring System; and - (9) $2,000,000 shall be for research that leads to - decreases in highway and pedestrian fatalities among Tribal - populations: - Provided further, That the funds made available under this heading -for activities eligible under section 133(b) of title 23, United States -Code, for the elimination of hazards and the installation of protective -devices at railway-highway crossings, and to provide charging -infrastructure for alternative fuel corridors, shall be suballocated in -the manner described in section 133(d) of such title, except that the -set-aside described in section 133(h) of title 23, United States Code -shall not apply to funds made available under this heading: Provided -further, That the funds made available under this heading in paragraph -(1), shall be administered as if apportioned under chapter 1 of such -title and shall remain available through September 30, 2023: Provided -further, That the funds made available under this heading in paragraph -(1), shall be apportioned to the States in the same ratio as the -obligation limitation for fiscal year 2020 is distributed among the -States in section 120(a)(5) of this Act: Provided further, That, -except as provided in the following proviso, the funds made available -under this heading for activities eligible under the Puerto Rico -Highway Program and activities eligible under the Territorial Highway -Program shall be administered as if allocated under sections 165(b) and -165(c), respectively, of such title and shall remain available through -September 30, 2023: Provided further, That the funds made available -under this heading for activities eligible under the Puerto Rico -Highway Program shall not be subject to the requirements of sections -165(b)(2)(A) or 165(b)(2)(B) of such title: Provided further, That the -funds made available under this heading for the nationally significant -Federal lands and tribal projects program under section 1123 of the -FAST Act shall remain available through September 30, 2023: Provided -further, That the funds made available under this heading in paragraph -(5) for the elimination of hazards and the installation of protective -devices at railway-highway crossings shall be available for projects -eligible under section 22907(c) of title 49, United States Code, for -commuter authorities, as defined in section 24102(2) of title 49, -United States Code, that experienced at least one accident investigated -by the National Transportation Safety Board between January 1, 2008 and -December 31, 2018: Provided further, That amounts provided under this -heading in paragraphs (5), (6), (7), (8), and (9) shall remain -available until expended: Provided further, That funds made available -under this heading for Advanced Digital Construction Management Systems -shall be for competitive grants to State and local governments to -develop and expand the capacity to use and deploy Advanced Digital -Construction Management Systems and the minimum grant amount shall be -$500,000. - - administrative provisions--federal highway administration - - Sec. 120. (a) For fiscal year 2020, the Secretary of Transportation -shall-- - (1) not distribute from the obligation limitation for - Federal-aid highways-- - (A) amounts authorized for administrative expenses - and programs by section 104(a) of title 23, United - States Code; and - (B) amounts authorized for the Bureau of - Transportation Statistics; - (2) not distribute an amount from the obligation limitation - for Federal-aid highways that is equal to the unobligated - balance of amounts-- - (A) made available from the Highway Trust Fund - (other than the Mass Transit Account) for Federal-aid - highway and highway safety construction programs for - previous fiscal years the funds for which are allocated - by the Secretary (or apportioned by the Secretary under - sections 202 or 204 of title 23, United States Code); - and - (B) for which obligation limitation was provided in - a previous fiscal year; - (3) determine the proportion that-- - (A) the obligation limitation for Federal-aid - highways, less the aggregate of amounts not distributed - under paragraphs (1) and (2) of this subsection; bears - to - (B) the total of the sums authorized to be - appropriated for the Federal-aid highway and highway - safety construction programs (other than sums - authorized to be appropriated for provisions of law - described in paragraphs (1) through (11) of subsection - (b) and sums authorized to be appropriated for section - 119 of title 23, United States Code, equal to the - amount referred to in subsection (b)(12) for such - fiscal year), less the aggregate of the amounts not - distributed under paragraphs (1) and (2) of this - subsection; - (4) distribute the obligation limitation for Federal-aid - highways, less the aggregate amounts not distributed under - paragraphs (1) and (2), for each of the programs (other than - programs to which paragraph (1) applies) that are allocated by - the Secretary under the Fixing America's Surface Transportation - Act and title 23, United States Code, or apportioned by the - Secretary under sections 202 or 204 of that title, by - multiplying-- - (A) the proportion determined under paragraph (3); - by - (B) the amounts authorized to be appropriated for - each such program for such fiscal year; and - (5) distribute the obligation limitation for Federal-aid - highways, less the aggregate amounts not distributed under - paragraphs (1) and (2) and the amounts distributed under - paragraph (4), for Federal-aid highway and highway safety - construction programs that are apportioned by the Secretary - under title 23, United States Code (other than the amounts - apportioned for the National Highway Performance Program in - section 119 of title 23, United States Code, that are exempt - from the limitation under subsection (b)(12) and the amounts - apportioned under sections 202 and 204 of that title) in the - proportion that-- - (A) amounts authorized to be appropriated for the - programs that are apportioned under title 23, United - States Code, to each State for such fiscal year; bears - to - (B) the total of the amounts authorized to be - appropriated for the programs that are apportioned - under title 23, United States Code, to all States for - such fiscal year. - (b) Exceptions From Obligation Limitation.--The obligation -limitation for Federal-aid highways shall not apply to obligations -under or for-- - (1) section 125 of title 23, United States Code; - (2) section 147 of the Surface Transportation Assistance - Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); - (3) section 9 of the Federal-Aid Highway Act of 1981 (95 - Stat. 1701); - (4) subsections (b) and (j) of section 131 of the Surface - Transportation Assistance Act of 1982 (96 Stat. 2119); - (5) subsections (b) and (c) of section 149 of the Surface - Transportation and Uniform Relocation Assistance Act of 1987 - (101 Stat. 198); - (6) sections 1103 through 1108 of the Intermodal Surface - Transportation Efficiency Act of 1991 (105 Stat. 2027); - (7) section 157 of title 23, United States Code (as in - effect on June 8, 1998); - (8) section 105 of title 23, United States Code (as in - effect for fiscal years 1998 through 2004, but only in an - amount equal to $639,000,000 for each of those fiscal years); - (9) Federal-aid highway programs for which obligation - authority was made available under the Transportation Equity - Act for the 21st Century (112 Stat. 107) or subsequent Acts for - multiple years or to remain available until expended, but only - to the extent that the obligation authority has not lapsed or - been used; - (10) section 105 of title 23, United States Code (as in - effect for fiscal years 2005 through 2012, but only in an - amount equal to $639,000,000 for each of those fiscal years); - (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 - Stat. 1248), to the extent that funds obligated in accordance - with that section were not subject to a limitation on - obligations at the time at which the funds were initially made - available for obligation; and - (12) section 119 of title 23, United States Code (but, for - each of fiscal years 2013 through 2020, only in an amount equal - to $639,000,000). - (c) Redistribution of Unused Obligation Authority.--Notwithstanding -subsection (a), the Secretary shall, after August 1 of such fiscal -year-- - (1) revise a distribution of the obligation limitation made - available under subsection (a) if an amount distributed cannot - be obligated during that fiscal year; and - (2) redistribute sufficient amounts to those States able to - obligate amounts in addition to those previously distributed - during that fiscal year, giving priority to those States having - large unobligated balances of funds apportioned under sections - 144 (as in effect on the day before the date of enactment of - Public Law 112-141) and 104 of title 23, United States Code. - (d) Applicability of Obligation Limitations to Transportation -Research Programs.-- - (1) In general.--Except as provided in paragraph (2), the - obligation limitation for Federal-aid highways shall apply to - contract authority for transportation research programs carried - out under-- - (A) chapter 5 of title 23, United States Code; and - (B) title VI of the Fixing America's Surface - Transportation Act. - (2) Exception.--Obligation authority made available under - paragraph (1) shall-- - (A) remain available for a period of 4 fiscal - years; and - (B) be in addition to the amount of any limitation - imposed on obligations for Federal-aid highway and - highway safety construction programs for future fiscal - years. - (e) Redistribution of Certain Authorized Funds.-- - (1) In general.--Not later than 30 days after the date of - distribution of obligation limitation under subsection (a), the - Secretary shall distribute to the States any funds (excluding - funds authorized for the program under section 202 of title 23, - United States Code) that-- - (A) are authorized to be appropriated for such - fiscal year for Federal-aid highway programs; and - (B) the Secretary determines will not be allocated - to the States (or will not be apportioned to the States - under section 204 of title 23, United States Code), and - will not be available for obligation, for such fiscal - year because of the imposition of any obligation - limitation for such fiscal year. - (2) Ratio.--Funds shall be distributed under paragraph (1) - in the same proportion as the distribution of obligation - authority under subsection (a)(5). - (3) Availability.--Funds distributed to each State under - paragraph (1) shall be available for any purpose described in - section 133(b) of title 23, United States Code. - Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the -Bureau of Transportation Statistics from the sale of data products, for -necessary expenses incurred pursuant to chapter 63 of title 49, United -States Code, may be credited to the Federal-aid highways account for -the purpose of reimbursing the Bureau for such expenses: Provided, -That such funds shall be subject to the obligation limitation for -Federal-aid highway and highway safety construction programs. - Sec. 122. Not less than 15 days prior to waiving, under his or her -statutory authority, any Buy America requirement for Federal-aid -highways projects, the Secretary of Transportation shall make an -informal public notice and comment opportunity on the intent to issue -such waiver and the reasons therefor: Provided, That the Secretary -shall provide an annual report to the House and Senate Committees on -Appropriations on any waivers granted under the Buy America -requirements. - Sec. 123. None of the funds provided in this Act to the Department -of Transportation may be used to provide credit assistance unless not -less than 3 days before any application approval to provide credit -assistance under sections 603 and 604 of title 23, United States Code, -the Secretary of Transportation provides notification in writing to the -following committees: the House and Senate Committees on -Appropriations; the Committee on Environment and Public Works and the -Committee on Banking, Housing and Urban Affairs of the Senate; and the -Committee on Transportation and Infrastructure of the House of -Representatives: Provided, That such notification shall include, but -not be limited to, the name of the project sponsor; a description of -the project; whether credit assistance will be provided as a direct -loan, loan guarantee, or line of credit; and the amount of credit -assistance. - Sec. 124. None of the funds in this Act may be used to make a -grant for a project under section 117 of title 23, United States Code, -unless the Secretary, at least 60 days before making a grant under that -section, provides written notification to the House and Senate -Committees on Appropriations of the proposed grant, including an -evaluation and justification for the project and the amount of the -proposed grant award: Provided, That the written notification required -in the previous proviso shall be made no later than 180 days after -enactment of this Act. - Sec. 125. (a) A State or territory, as defined in section 165 of -title 23, United States Code, may use for any project eligible under -section 133(b) of title 23 or section 165 of title 23 and located -within the boundary of the State or territory any earmarked amount, and -any associated obligation limitation: Provided, That the Department of -Transportation for the State or territory for which the earmarked -amount was originally designated or directed notifies the Secretary of -Transportation of its intent to use its authority under this section -and submits a quarterly report to the Secretary identifying the -projects to which the funding would be applied. Notwithstanding the -original period of availability of funds to be obligated under this -section, such funds and associated obligation limitation shall remain -available for obligation for a period of 3 fiscal years after the -fiscal year in which the Secretary of Transportation is notified. The -Federal share of the cost of a project carried out with funds made -available under this section shall be the same as associated with the -earmark. - (b) In this section, the term ``earmarked amount'' means-- - (1) congressionally directed spending, as defined in rule - XLIV of the Standing Rules of the Senate, identified in a prior - law, report, or joint explanatory statement, which was - authorized to be appropriated or appropriated more than 10 - fiscal years prior to the current fiscal year, and administered - by the Federal Highway Administration; or - (2) a congressional earmark, as defined in rule XXI of the - Rules of the House of Representatives, identified in a prior - law, report, or joint explanatory statement, which was - authorized to be appropriated or appropriated more than 10 - fiscal years prior to the current fiscal year, and administered - by the Federal Highway Administration. - (c) The authority under subsection (a) may be exercised only for -those projects or activities that have obligated less than 10 percent -of the amount made available for obligation as of October 1 of the -current fiscal year, and shall be applied to projects within the same -general geographic area within 5 miles for which the funding was -designated, except that a State or territory may apply such authority -to unexpended balances of funds from projects or activities the State -or territory certifies have been closed and for which payments have -been made under a final voucher. - (d) The Secretary shall submit consolidated reports of the -information provided by the States and territories each quarter to the -House and Senate Committees on Appropriations. - Sec. 126. The following are repealed: - (1) Section 352 of the National Highway System Designation - Act of 1995 (Public Law 104-59, 109 Stat. 568). - (2) Section 324 of the Department of Transportation and - Related Agencies Appropriations Act, 1986 (Public Law 99-190; - 99 Stat. 1288). - (3) Section 325 of the Department of Transportation and - Related Agencies Appropriations Act, 1996 (Public Law 104-50; - 109 Stat. 456). -Notwithstanding any other provision of law, tolls collected for motor -vehicles on any bridge connecting the boroughs of Brooklyn, New York, -and Staten Island, New York, shall be collected for any such vehicles -exiting from such bridge in both Staten Island and Brooklyn. - Sec. 127. Section 125(d) of title 23, United States Code, is -amended by striking paragraph (4). - Sec. 128. Until final guidance is published, the Administrator of -the Federal Highway Administration shall make determinations on Buy -America waivers for those waivers that were submitted before April 17, -2018, as if the notice of proposed rulemaking of that date was not in -effect. - Sec. 129. Section 1948 of SAFETEA-LU (Public Law 109-59; 119 Stat. -1514) is repealed. - Sec. 129A. Section 119(e)(5) of title 23, United States Code, is -amended to read as follows: - ``(5) Requirement for plan.-- - ``(A) In general.--Notwithstanding section 120, - beginning on October 1, 2019, and each fiscal year - thereafter, if the Secretary determines that a State - has not developed and implemented a State asset - management plan consistent with this section, the - Federal share payable on account of any project or - activity for which funds are obligated by the State in - that fiscal year under this section shall be 65 - percent. - ``(B) Determination.--The Secretary shall make the - determination under subparagraph (A) not later than the - day before the beginning of each fiscal year.''. - - Federal Motor Carrier Safety Administration - - motor carrier safety operations and programs - - (liquidation of contract authorization) - - (limitation on obligations) - - (highway trust fund) - - For payment of obligations incurred in the implementation, -execution and administration of motor carrier safety operations and -programs pursuant to section 31110 of title 49, United States Code, as -amended by the Fixing America's Surface Transportation Act, -$288,000,000, to be derived from the Highway Trust Fund (other than the -Mass Transit Account), together with advances and reimbursements -received by the Federal Motor Carrier Safety Administration, the sum of -which shall remain available until expended: Provided, That funds -available for implementation, execution, or administration of motor -carrier safety operations and programs authorized under title 49, -United States Code, shall not exceed total obligations of $288,000,000 -for ``Motor Carrier Safety Operations and Programs'' for fiscal year -2020, of which $9,073,000 to remain available for obligation until -September 30, 2022, is for the research and technology program. - - motor carrier safety grants - - (liquidation of contract authorization) - - (limitation on obligations) - - (highway trust fund) - - (including transfer of funds) - - For payment of obligations incurred in carrying out sections 31102, -31103, 31104, and 31313 of title 49, United States Code, as amended by -the Fixing America's Surface Transportation Act, $388,800,000, to be -derived from the Highway Trust Fund (other than the Mass Transit -Account) and to remain available until expended: Provided, That funds -available for the implementation or execution of motor carrier safety -programs shall not exceed total obligations of $388,800,000 in fiscal -year 2020 for ``Motor Carrier Safety Grants'': Provided further, That -of the sums appropriated under this heading-- - (1) $308,700,000 shall be available for the motor carrier - safety assistance program; - (2) $33,200,000 shall be available for the commercial - driver's license program implementation program; - (3) $44,900,000 shall be available for the high priority - activities program; and - (4) $2,000,000 shall be made available for commercial motor - vehicle operators grants, of which $1,000,000 is to be made - available from prior year unobligated contract authority - provided for Motor Carrier Safety grants in the Transportation - Equity Act for the 21st Century (Public Law 105-178), SAFETEA- - LU (Public Law 109-59), or other appropriations or - authorization Acts. - - administrative provisions--federal motor carrier safety administration - - Sec. 130. The Federal Motor Carrier Safety Administration shall -send notice of 49 CFR section 385.308 violations by certified mail, -registered mail, or another manner of delivery, which records the -receipt of the notice by the persons responsible for the violations. - Sec. 131. None of the funds appropriated or otherwise made -available to the Department of Transportation by this Act or any other -Act may be obligated or expended to implement, administer, or enforce -the requirements of section 31137 of title 49, United States Code, or -any regulation issued by the Secretary pursuant to such section, with -respect to the use of electronic logging devices by operators of -commercial motor vehicles, as defined in section 31132(1) of such -title, transporting livestock as defined in section 602 of the -Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or -insects. - Sec. 132. The Federal Motor Carrier Safety Administration shall -update annual inspection regulations under Appendix G to subchapter B -of chapter III of title 49, Code of Federal Regulations, to require -that rear underride guards be inspected annually. - Sec. 133. No funds made available by this or any other Act may be -obligated or expended under the authority in 49 U.S.C. 31141(c) to -review and issue a decision on a petition to preempt State meal and -rest break laws that may differ from those in 49 CFR 395. - Sec. 134. Notwithstanding any restriction under part II of -subtitle B of title V of the FAST Act, not later than 6 months after -enactment of this Act, the Administrator of the Federal Motor Carrier -Safety Administration shall make available on a public website -information regarding analysis of violations developed under the -agency's Compliance, Safety, Accountability program, consistent with -the data that the agency made publicly available immediately before -December 4, 2015. - Sec. 135. None of the funds made available in this Act may be used -to promulgate or enforce a rule that eliminates the 30 minute rest -break specified in part 395 of title 49, Code of Federal Regulations, -as it was in operational effect on May 15, 2019. - - National Highway Traffic Safety Administration - - operations and research - - For expenses necessary to discharge the functions of the Secretary, -with respect to traffic and highway safety authorized under chapter 301 -and part C of subtitle VI of title 49, United States Code, $214,073,440 -(reduced by $1,000,000) (increased by $1,000,000), to remain available -until September 30, 2021, except that $40,000,000 shall remain -available through September 30, 2022, and no less than $18,500,000 -shall be for research on Automated Driving Systems, Advanced Driver -Assistance Systems, and vehicle electronics and cybersecurity. - - operations and research - - (liquidation of contract authorization) - - (limitation on obligations) - - (highway trust fund) - - For payment of obligations incurred in carrying out the provisions -of 23 U.S.C. 403, including behavioral research on Automated Driving -Systems and Advanced Driver Assistance Systems and improving consumer -responses to safety recalls, section 4011 of the Fixing America's -Surface Transportation Act (Public Law 114-94), and chapter 303 of -title 49, United States Code, $155,300,000, to be derived from the -Highway Trust Fund (other than the Mass Transit Account) and to remain -available until expended: Provided, That none of the funds in this Act -shall be available for the planning or execution of programs the total -obligations for which, in fiscal year 2020, are in excess of -$155,300,000: Provided further, That of the sums appropriated under -this heading-- - (1) $149,800,000 shall be for programs authorized under 23 - U.S.C. 403, including behavioral research on Automated Driving - Systems and Advanced Driver Assistance Systems and improving - consumer responses to safety recalls, and section 4011 of the - Fixing America's Surface Transportation Act (Public Law 114- - 94); and - (2) $5,500,000 shall be for the National Driver Register - authorized under chapter 303 of title 49, United States Code: - Provided further, That within the $155,300,000 obligation limitation -for operations and research, $20,000,000 shall remain available until -September 30, 2021, and shall be in addition to the amount of any -limitation imposed on obligations for future years. - - highway traffic safety grants - - (liquidation of contract authorization) - - (limitation on obligations) - - (highway trust fund) - - For payment of obligations incurred in carrying out provisions of -23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing -America's Surface Transportation Act, to remain available until -expended, $623,017,000, to be derived from the Highway Trust Fund -(other than the Mass Transit Account): Provided, That none of the -funds in this Act shall be available for the planning or execution of -programs for which the total obligations in fiscal year 2020 are in -excess of $623,017,000 for programs authorized under 23 U.S.C. 402, -404, and 405, and section 4001(a)(6) of the Fixing America's Surface -Transportation Act: Provided further, That of the sums appropriated -under this heading-- - (1) $279,800,000 shall be for ``Highway Safety Programs'' - under 23 U.S.C. 402; - (2) $285,900,000 shall be for ``National Priority Safety - Programs'' under 23 U.S.C. 405; - (3) $30,500,000 shall be for the ``High Visibility - Enforcement Program'' under 23 U.S.C. 404; and - (4) $26,817,000 shall be for ``Administrative Expenses'' - under section 4001(a)(6) of the Fixing America's Surface - Transportation Act: - Provided further, That none of these funds shall be used for -construction, rehabilitation, or remodeling costs, or for office -furnishings and fixtures for State, local or private buildings or -structures: Provided further, That not to exceed $500,000 of the funds -made available for ``National Priority Safety Programs'' under 23 -U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in -subsection (d) of that section) shall be available for technical -assistance to the States: Provided further, That with respect to the -``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts -transferred to increase the amounts made available under section 402 -shall include the obligation authority for such amounts: Provided -further, That the Administrator shall notify the House and Senate -Committees on Appropriations of any exercise of the authority granted -under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days. - - administrative provisions--national highway traffic safety - administration - - Sec. 140. An additional $130,000 shall be made available to the -National Highway Traffic Safety Administration, out of the amount -limited for section 402 of title 23, United States Code, to pay for -travel and related expenses for State management reviews and to pay for -core competency development training and related expenses for highway -safety staff. - Sec. 141. The limitations on obligations for the programs of the -National Highway Traffic Safety Administration set in this Act shall -not apply to obligations for which obligation authority was made -available in previous public laws but only to the extent that the -obligation authority has not lapsed or been used. - Sec. 142. None of the funds made available by this Act may be used -to mandate global positioning system (GPS) tracking in private -passenger motor vehicles without providing full and appropriate -consideration of privacy concerns under 5 U.S.C. chapter 5, subchapter -II. - Sec. 143. In addition to the amounts made available under the -heading, ``Operations and Research (Liquidation of Contract -Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for -carrying out the provisions of section 403 of title 23, United States -Code, $17,000,000, to remain available until September 30, 2021, shall -be made available to the National Highway Traffic Safety Administration -from the general fund: Provided, That of the sums provided under this -provision-- - (1) not to exceed $7,000,000 shall be available to provide funding -for grants, pilot program activities, and innovative solutions to -reduce impaired-driving fatalities in collaboration with eligible -entities under section 403 of title 23, United States Code; and - (2) not to exceed $10,000,000 shall be available to continue a high -visibility enforcement paid-media campaign regarding highway-rail grade -crossing safety in collaboration with the Federal Railroad -Administration. - Sec. 144. An additional $500,000 shall be made available to the -National Highway Traffic Safety Administration for a study to identify -and examine child-specific safety considerations in vehicles equipped -with Automated Driving Systems, particularly those that can be operated -bi-directionally and offer unconventional seating. The study should -also incorporate safety considerations for child restraint system (CRS) -installation and promoting CRS usage for ride-share programs, and the -risks associated with unattended child passengers in Automated Driving -Systems-equipped vehicles. Upon completion of this study, the National -Highway Traffic Safety Administration shall submit to the House and -Senate Committees on Appropriations a report containing its findings, -including detailing how the agency is coordinating with manufacturers -to ensure children are protected in vehicles equipped with Automated -Driving Systems. - Sec. 145. None of the funds appropriated or otherwise made -available in this Act or any other Act may be used to finalize or -enforce a proposed rule published by the National Highway Traffic -Safety Administration and the Environmental Protection Agency on August -2, 2018, entitled ``The Safer Affordable Fuel-Efficient Vehicles Rule'' -or any other successor rule. - Sec. 146. None of the funds in this Act or any other Act shall be -used to enforce the requirements of 23 U.S.C. 405(a)(9). - - Federal Railroad Administration - - safety and operations - - For necessary expenses of the Federal Railroad Administration, not -otherwise provided for, $226,698,000, of which $20,000,000 shall remain -available until expended. - - railroad research and development - - For necessary expenses for railroad research and development, -$41,600,000, to remain available until expended. - - railroad rehabilitation and improvement financing program - - The Secretary of Transportation is authorized to issue direct loans -and loan guarantees pursuant to sections 501 through 504 of the -Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law -94-210), as amended, such authority shall exist as long as any such -direct loan or loan guarantee is outstanding. - - federal-state partnership for state of good repair - - For necessary expenses related to Federal-State Partnership for -State of Good Repair Grants as authorized by section 24911 of title 49, -United States Code, $350,000,000, to remain available until expended: -Provided, That the Secretary may withhold up to one percent of the -amount provided under this heading for the costs of award and project -management oversight of grants carried out under section 24911 of title -49, United States Code: Provided further, That the Secretary shall -issue the Notice of Funding Opportunity for funds provided under this -heading consistent with section 24911 of title 49, United States Code, -no later than 30 days after enactment of this Act: Provided further, -That the Secretary shall review all applications received in response -to the Notice of Funding Opportunity required in the previous proviso: -Provided further, That the Secretary shall announce the selection of -projects to receive awards for the funds described in the previous two -provisos no later than 180 days after enactment of this Act. - - consolidated rail infrastructure and safety improvements - - For necessary expenses related to Consolidated Rail Infrastructure -and Safety Improvements Grants, as authorized by section 22907 of title -49, United States Code, $350,000,000 (increased by $1,000,000) (reduced -by $1,000,000), to remain available until expended: Provided, That of -the sums appropriated under this heading-- - (1) $40,000,000 shall be available for projects eligible - under section 22907(c)(5) of title 49, United States Code, for - projects for commuter authorities, as defined as section - 24102(2) of title 49, United States Code, that experienced at - least one accident investigated by the National Transportation - Safety Board between January 1, 2008, and December 31, 2018; - and - (2) $55,000,000 shall be available for projects eligible - under section 22907(c)(2) of title 49, United States Code, that - require the acquisition of rights-of-way, track, or track - structure to support the development of new intercity passenger - rail service routes: - Provided further, That section 22905(f) of title 49, United States -Code, shall not apply to projects for commuter authorities in the first -proviso: Provided further, That section 22905(f) of title 49, United -States Code, shall not apply to projects for the implementation of -positive train control systems otherwise eligible under section -22907(c)(1) of title 49, United States Code: Provided further, That -amounts available under this heading for projects selected for commuter -rail passenger transportation may be transferred by the Secretary, -after selection, to the appropriate agencies to be administered in -accordance with chapter 53 of title 49, United States Code: Provided -further, That for amounts available under this heading eligible -recipients under section 22907(b) of title 49, United States Code, -shall include any non-profit association representing Class II -railroads and Class III railroads (as those terms are defined in -section 20102 of title 49, United States Code) and any holding company -of a Class II railroad or Class III railroad (as those terms are -defined in section 20102 of title 49, United States Code): Provided -further, That the Secretary shall not limit eligible projects from -consideration for funding for planning, engineering, environmental, -construction, and design elements of the same project in the same -application: Provided further, That unobligated balances remaining -after 4 years from the date of enactment may be used for any eligible -project under section 22907(c) of title 49, United States Code: -Provided further, That the Secretary may withhold up to one percent of -the amount provided under this heading for the costs of award and -project management oversight of grants carried out under section 22907 -of title 49, United States Code: Provided further, That the Secretary -shall issue the Notice of Funding Opportunity for funds provided under -this heading no later than 30 days after enactment of this Act: -Provided further, That such Notice of Funding Opportunity shall require -application submissions 60 days after the publishing of such Notice: -Provided further, That the Secretary shall announce the selection of -projects to receive awards for the funds in the previous two provisos -no later than 180 days after enactment of this Act. - - magnetic levitation technology deployment program - - For necessary expenses related to the deployment of magnetic -levitation transportation projects, consistent with language in 1307(a) -through (c) of Public Law 109-59, as amended by section 102 of Public -Law 110-244 (section 322 of title 23, United States Code), $10,000,000, -to remain available until expended. - - northeast corridor grants to the national railroad passenger - corporation - - To enable the Secretary of Transportation to make grants to the -National Railroad Passenger Corporation for activities associated with -the Northeast Corridor as authorized by section 11101(a) of the Fixing -America's Surface Transportation Act (division A of Public Law 114-94), -$700,000,000, to remain available until expended: Provided, That the -Secretary may retain up to one-half of 1 percent of the funds provided -under both this heading and the ``National Network Grants to the -National Railroad Passenger Corporation'' heading to fund the costs of -project management and oversight of activities authorized by section -11101(c) of division A of Public Law 114-94: Provided further, That in -addition to the project management oversight funds authorized under -section 11101(c) of division A of Public Law 114-94, the Secretary may -retain up to an additional $5,000,000 of the funds provided under this -heading to fund expenses associated with the Northeast Corridor -Commission established under section 24905 of title 49, United States -Code: Provided further, That of the amounts made available under this -heading and the ``National Network Grants to the National Railroad -Passenger Corporation'' heading, not less than $50,000,000 shall be -made available to bring Amtrak-served facilities and stations into -compliance with the Americans with Disabilities Act. - - national network grants to the national railroad passenger corporation - - To enable the Secretary of Transportation to make grants to the -National Railroad Passenger Corporation for activities associated with -the National Network as authorized by section 11101(b) of the Fixing -America's Surface Transportation Act (division A of Public Law 114-94), -$1,291,600,000, to remain available until expended: Provided, That the -Secretary may retain up to an additional $2,000,000 of the funds -provided under this heading to fund expenses associated with the State- -Supported Route Committee established under section 24712 of title 49, -United States Code. - - administrative provisions--federal railroad administration - - Sec. 150. None of the funds provided to the National Railroad -Passenger Corporation may be used to fund any overtime costs in excess -of $35,000 for any individual employee: Provided, That the President -of Amtrak may waive the cap set in the previous proviso for specific -employees when the President of Amtrak determines such a cap poses a -risk to the safety and operational efficiency of the system: Provided -further, That the President of Amtrak shall report to the House and -Senate Committees on Appropriations within 60 days of enactment of this -Act, a summary of all overtime payments incurred by the Corporation for -2019 and the three prior calendar years: Provided further, That such -summary shall include the total number of employees that received -waivers and the total overtime payments the Corporation paid to those -employees receiving waivers for each month for 2019 and for the three -prior calendar years. - Sec. 151. None of the funds provided to the National Railroad -Passenger Corporation under the headings ``Northeast Corridor Grants to -the National Railroad Passenger Corporation'' and ``National Network -Grants to the National Railroad Passenger Corporation'' may be used to -reduce the size of the Amtrak Police Department below the staffing -level on May 1, 2019. - - Federal Transit Administration - - administrative expenses - - For necessary administrative expenses of the Federal Transit -Administration's programs authorized by chapter 53 of title 49, United -States Code, $117,000,000, of which $15,000,000 shall remain available -until September 30, 2021, and up to $1,000,000 shall be available to -carry out the provisions of section 5326 of such title: Provided, That -upon submission to the Congress of the fiscal year 2021 President's -budget, the Secretary of Transportation shall transmit to Congress the -annual report on Capital Investment Grants, including proposed -allocations for fiscal year 2021. - - transit formula grants - - (liquidation of contract authorization) - - (limitation on obligations) - - (highway trust fund) - - For payment of obligations incurred in the Federal Public -Transportation Assistance Program in this account, and for payment of -obligations incurred in carrying out the provisions of 49 U.S.C. 5305, -5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and -5340, as amended by the Fixing America's Surface Transportation Act, -section 20005(b) of Public Law 112-141, and section 3006(b) of the -Fixing America's Surface Transportation Act, $10,800,000,000, to be -derived from the Mass Transit Account of the Highway Trust Fund and to -remain available until expended: Provided, That funds available for -the implementation or execution of programs authorized under 49 U.S.C. -5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, -and 5340, as amended by the Fixing America's Surface Transportation -Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the -Fixing America's Surface Transportation Act, shall not exceed total -obligations of $10,150,348,462 in fiscal year 2020: Provided further, -That the Federal share of the cost of activities carried out under 49 -U.S.C. section 5312 shall not exceed 80 percent, except that if there -is substantial public interest or benefit, the Secretary may approve a -greater Federal share: Provided further, That in addition to the -amounts appropriated for purposes of 49 U.S.C 5338(e), not less than 2 -percent of the funds appropriated or available for the purposes of 49 -U.S.C 5338(f) shall be available for the purposes of 49 U.S.C. 5338(e). - - transit infrastructure grants - - For an additional amount for buses and bus facilities grants under -section 5339 of title 49, United States Code, state of good repair -grants under section 5337 of such title, the bus testing facilities -under sections 5312 and 5318 of such title, and for grants to areas of -persistent poverty, $750,000,000 (increased by $2,000,000), to remain -available until expended: Provided, That of the sums provided under -this heading-- - (1) $389,000,000 (reduced by $6,000,000) shall be available - for the buses and bus facilities competitive grants as - authorized under section 5339(b) of such title: Provided - further, That the minimum grant award shall be not less than - $1,000,000; - (2) $94,000,000 (increased by $2,000,000) (increased by - $6,000,000) shall be available for the low or no emission - grants as authorized under section 5339(c) of such title: - Provided further, That the minimum grant award shall be not - less than $1,500,000; - (3) $250,000,000 shall be available for the state of good - repair grants as authorized under section 5337 of such title; - (4) $1,000,000 shall be available for the bus testing - facility as authorized under section 5318 of such title; - (5) Notwithstanding section 5318(a) of such title, - $6,000,000 shall be available for the operation and maintenance - of bus testing facilities by institutions of higher education - selected pursuant to section 5312(h); and - (6) $10,000,000 shall be available for competitive grants - to eligible entities to assist areas of persistent poverty: - Provided further, That the Secretary shall enter into a contract or -cooperative agreement with, or make a grant to, each institution of -higher education selected pursuant to section 5312(h) of such title, to -operate and maintain a facility to conduct the testing of low or no -emission vehicle new bus models using the standards established -pursuant to section 5318(e)(2) of such title: Provided further, That -the term ``low or no emission vehicle'' has the meaning given the term -in section 5312(e)(6) of such title: Provided further, That the -Secretary shall pay 80 percent of the cost of testing a low or no -emission vehicle new bus model at each selected institution of higher -education: Provided further, That the entity having the vehicle tested -shall pay 20 percent of the cost of testing: Provided further, That a -low or no emission vehicle new bus model tested that receives a passing -aggregate test score in accordance with the standards established under -section 5318(e)(2) of such title, shall be deemed to be in compliance -with the requirements of section 5318(e) of such title: Provided -further, That areas of persistent poverty means any county that has -consistently had 20 percent or more of the population living in poverty -over the 30 years preceding the date of enactment of this Act, as -measured by the 1990 and 2000 decennial census and the most recent -Small Area Income and Poverty Estimates, or any census tract with a -poverty rate of at least 20 percent as measured by the 2013-2017 five- -year data series available from the American Community Survey of the -Census Bureau, or any territory or possession of the United States: -Provided further, That grants shall be for planning, engineering, or -development of technical, or financing plans for projects eligible -under chapter 53 of title 49, United States Code: Provided further, -That eligible entities are those defined as eligible recipients or -subrecipients under section 5307, 5310, or 5311 of title 49 United -States Code, and are in areas of persistent poverty: Provided further, -That the Federal Transit Administration should complete outreach to -such counties and the Departments of Transportation within applicable -States via personal contact, webinars, web materials and other -appropriate methods determined by the Administrator: Provided further, -That State departments of transportation may apply on behalf of -eligible entities within their States: Provided further, That the -Federal Transit Administration should encourage grantees to work with -non-profits or other entities of their choosing in order to develop -planning, technical, engineering, or financing plans: Provided -further, That the Federal Transit Administration should encourage -grantees to partner with non-profits that can assist with making -projects low or no emissions: Provided further, That projects funded -as a result of activities funded under this heading shall be for not -less than 90 percent of the net total project cost: Provided further, -That amounts made available by this heading shall be derived from the -general fund: Provided further, That the amounts made available under -this heading shall not be subject to any limitation on obligations for -transit programs set forth in any Act. - - technical assistance and training - - For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000, to -remain available until September 30, 2021, of which not less than -$2,500,000 (increased by $1,000,000) (reduced by $1,000,000) shall be -for a cooperative agreement through which the Federal Transit -Administration assists transit recipients with frontline workforce -development and standards based training in maintenance and operations -through an agreement with a national nonprofit organization with a -demonstrated capacity to develop and provide such programs though labor -management partnerships and apprenticeships: Provided, That the -assistance provided under this heading does not duplicate the -activities of 49 U.S.C. 5311(b) or 49 U.S.C. 5312. - - capital investment grants - - For necessary expenses to carry out fixed guideway capital -investment grants under section 5309 of title 49, United States Code, -and section 3005(b) of the Fixing America's Surface Transportation Act, -$2,301,785,760, to remain available until September 30, 2024: -Provided, That of the amounts made available under this heading, -$1,841,428,608 (reduced by $1,000,000) (increased by $1,000,000) shall -be obligated by December 31, 2021, but shall remain available until -September 30, 2024, as specified under this heading: Provided further, -That of the amounts made available under this heading-- - (1) $795,290,221 shall be available for fixed guideway - projects that have executed full funding grant agreements, - authorized under subsection (d) of section 5309; - (2) $702,709,779 shall be available for new projects - authorized under 5309(d) of title 49, United States Code; - (3) $300,000,000 shall be available for projects authorized - under section 5309(e) of title 49, United States Code; - (4) $430,768,910 shall be available for projects authorized - under section 5309(h) of title 49, United States Code; and - (5) $50,000,000 shall be available for projects authorized - under section 3005(b) of the Fixing America's Surface - Transportation Act: - Provided further, That the Secretary shall continue to administer the -capital investment grants program in accordance with the procedural and -substantive requirements of section 5309 of title 49, United States -Code, and to administer the Expedited Delivery Pilot Program with the -procedural and substantive requirements of section 3005(b) of the -Fixing America's Surface Transportation Act: Provided further, That -any funds remaining from the $1,841,428,608 that are required to be -obligated by the first proviso under this heading and that remain -available on December 31, 2021 shall be reallocated to applicants with -projects in Engineering on that date, as defined by 49 U.S.C. -5309(d)(2) and (e)(2) for activities eligible under 49 U.S.C. 5309(b), -and upon reallocation shall be available for immediate obligation: -Provided further, That each applicant's share of such funds shall be -distributed to the projects in Engineering based on the individual -project's requested Capital Investment Grant amount as a percentage of -the total Capital Investment Grant funds requested by the group of -projects in Engineering under subsections (d)(2) and (e)(2) of 49 -United States Code 5309 on December 31, 2021: Provided further, That -not later than 90 days after enactment of this Act, the Federal Transit -Administration shall provide the House and Senate Committees on -Appropriations a list of projects to which the agency expects to award -a full-funding grant agreement in fiscal year 2020, and upon submission -of the fiscal year 2021 budget, the Federal Transit Administration -shall provide such information for 2021. - - grants to the washington metropolitan area transit authority - - For grants to the Washington Metropolitan Area Transit Authority as -authorized under section 601 of division B of Public Law 110-432, -$150,000,000, to remain available until expended: Provided, That the -Secretary of Transportation shall approve grants for capital and -preventive maintenance expenditures for the Washington Metropolitan -Area Transit Authority only after receiving and reviewing a request for -each specific project: Provided further, That prior to approving such -grants, the Secretary shall certify that the Washington Metropolitan -Area Transit Authority is making progress to improve its safety -management system in response to the Federal Transit Administration's -2015 safety management inspection: Provided further, That the -Secretary shall determine that the Washington Metropolitan Area Transit -Authority has placed the highest priority on those investments that -will improve the safety of the system before approving such grants: -Provided further, That the Secretary, in order to ensure safety -throughout the rail system, may waive the requirements of section -601(e)(1) of division B of Public Law 110-432. - - administrative provisions--federal transit administration - - Sec. 160. The limitations on obligations for the programs of the -Federal Transit Administration shall not apply to any authority under -49 U.S.C. 5338, previously made available for obligation, or to any -other authority previously made available for obligation. - Sec. 161. Notwithstanding any other provision of law, funds -appropriated or limited by this Act under the heading ``Fixed Guideway -Capital Investment'' of the Federal Transit Administration for projects -specified in this Act or identified in reports accompanying this Act -not obligated by September 30, 2024, and other recoveries, shall be -directed to projects eligible to use the funds for the purposes for -which they were originally provided. - Sec. 162. Notwithstanding any other provision of law, any funds -appropriated before October 1, 2018, under any section of chapter 53 of -title 49, United States Code, that remain available for expenditure, -may be transferred to and administered under the most recent -appropriation heading for any such section. - Sec. 163. In the first proviso under the title ``Capital -Investment Grants'' in the Consolidated Appropriations Act of 2018, -Public Law 115-141, strike, ``December 31, 2019'' and insert, -``September 30, 2020''. - Sec. 164. No funds in this or any other Act shall be used-- - (1) to adjust apportionments or withhold funds from apportionments -pursuant to 26 U.S.C. 9503(e)(4); - (2) to request or require any project to have a maximum Capital -Investment Grant contribution lower than 50 percent of the total -project cost; - (3) to determine a maximum Capital Investment Grant contribution -for projects defined under 49 U.S.C. 5309(a)(2) or 49 U.S.C. 5309(a)(5) -until at least 180 days after a project has entered into the -Engineering phase; and - (4) by the Federal Transit Administration when making a -determination about whether a project sponsor's cost estimate is -reasonable, to require a probability higher than 50 percent that a -project can be completed within that cost estimate: Provided, That -this proviso only applies to those applications that are in the -``project development'' phase as defined under subsection (d)(1), -(e)(1), or (h)(2) of 49 U.S.C. 5309, or the ``Engineering'' phase as -defined under subsection (d)(2) or (e)(2) of 49 U.S.C. 5309 on the date -of enactment of this Act. - Sec. 165. An eligible recipient of a grant under 5339(c) may -submit an application in partnership with other entities, including a -transit vehicle manufacturer, that intend to participate in the -implementation of a project under 5339(c) of title 49, United States -Code and a project awarded with such partnership shall be treated as -satisfying the requirement for a competitive procurement under section -5325(a) of title 49, United States Code, for the named entity. - - Saint Lawrence Seaway Development Corporation - - The Saint Lawrence Seaway Development Corporation is hereby -authorized to make such expenditures, within the limits of funds and -borrowing authority available to the Corporation, and in accord with -law, and to make such contracts and commitments without regard to -fiscal year limitations, as provided by section 104 of the Government -Corporation Control Act, as amended, as may be necessary in carrying -out the programs set forth in the Corporation's budget for the current -fiscal year. - - operations and maintenance - - (harbor maintenance trust fund) - - For necessary expenses to conduct the operations, maintenance, and -capital asset renewal activities on those portions of the Saint -Lawrence Seaway owned, operated, and maintained by the Saint Lawrence -Seaway Development Corporation, $40,000,000, to be derived from the -Harbor Maintenance Trust Fund, pursuant to Public Law 99-662: -Provided, That of the amounts made available under this heading, not -less than $16,000,000 shall be used on capital asset renewal -activities. - - Maritime Administration - - maritime security program - - For necessary expenses to maintain and preserve a U.S.-flag -merchant fleet to serve the national security needs of the United -States, $300,000,000, to remain available until expended. - - operations and training - - (including transfer of funds) - - For necessary expenses of operations and training activities -authorized by law, $154,442,000: Provided, That of the sums -appropriated under this heading-- - (1) $77,944,000 shall remain available until September 30, - 2021 for the operations of the United States Merchant Marine - Academy; - (2) $5,225,000 shall remain available until expended for - the maintenance and repair, equipment, and capital improvements - at the United States Merchant Marine Academy; - (3) $3,000,000 shall remain available until September 30, - 2021 for the Maritime Environment and Technology Assistance - program authorized under section 50307 of title 46, United - States Code; and - (4) $15,000,000, shall remain available until expended for - the Short Sea Transportation Program (America's Marine - Highways) to make grants for the purposes authorized under - sections 55601(b)(1) and (3) of title 46, United States Code: - Provided further, That not later than 120 days after enactment of -this Act, the Administrator of the Maritime Administration shall -transmit to the House and Senate Committees on Appropriations the -annual report on sexual assault and sexual harassment at the United -States Merchant Marine Academy as required pursuant to section 3507 of -Public Law 110-417: Provided further, That available balances under -this heading for the Short Sea Transportation Program (America's Marine -Highways) from prior year recoveries shall be available to carry out -activities authorized under sections 55601(b)(1) and (3) of title 46, -United States Code: Provided further, That from funds provided under -(3) and (4) of the first proviso, the Secretary of Transportation shall -make grants no later than 180 days after enactment of this Act in such -amounts as the Secretary determines: Provided further, That any -unobligated balances available from previous appropriations for -programs and activities supporting State Maritime Academies shall be -transferred to and merged with the appropriations for ``Maritime -Administration, State Maritime Academy Operations'' and shall be made -available for the same purposes. - - state maritime academy operations - - For necessary expenses of operations, support and training -activities for State Maritime Academies, $345,200,000: Provided, That -of the sums appropriated under this heading-- - (1) $33,000,000, to remain available until expended, shall - be for maintenance, repair, life extension, and capacity - improvement of National Defense Reserve Fleet training ships in - support of State Maritime Academies, of which up to $8,060,000, - to remain available until expended, shall be for expenses - related to training mariners for costs associated with training - vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for costs - associated with mobilizing, operating and demobilizing the - vessel, including travel costs for students, faculty and crew, - the costs of the general agent, crew costs, fuel, insurance, - operational fees, and vessel hire costs, as determined by the - Secretary; - (2) $300,000,000, to remain available until expended, shall - be for the National Security Multi-Mission Vessel Program, - including funds for construction, planning, administration, and - design of school ships; - (3) $2,400,000 shall remain available through September 30, - 2021, for the Student Incentive Program; - (4) $3,800,000 shall remain available until expended for - training ship fuel assistance; and - (5) $6,000,000 shall remain available until September 30, - 2021, for direct payments for State Maritime Academies. - - assistance to small shipyards - - To make grants to qualified shipyards as authorized under section -54101 of title 46, United States Code, as amended by Public Law 113- -281, $20,000,000, to remain available until expended. - - ship disposal - - For necessary expenses related to the disposal of obsolete vessels -in the National Defense Reserve Fleet of the Maritime Administration, -$5,000,000, to remain available until expended. - - maritime guaranteed loan (title xi) program account - - (including transfer of funds) - - For administrative expenses to carry out the guaranteed loan -program, $3,000,000, which shall be transferred to and merged with the -appropriations for ``Operations and Training'', Maritime -Administration. - - port infrastructure development program - - To make grants to improve port facilities as authorized under -section 50302 of title 46, United States Code, $225,000,000 to remain -available until expended: Provided, That projects eligible for funding -provided under this heading shall be projects for coastal seaports or -Great Lakes ports: Provided further, That the Maritime Administration -shall distribute funds provided under this heading as discretionary -grants to port authorities or commissions or their subdivisions and -agents under existing authority, as well as to a State or political -subdivision of a State or local government, a tribal government, a -public agency or publicly chartered authority established by one or -more States, a special purpose district with a transportation function, -a multistate or multijurisdictional group of entities, or a lead entity -described above jointly with a private entity or group of private -entities: Provided further, That projects eligible for funding -provided under this heading shall be either within the boundary of a -port, or outside the boundary of a port, and directly related to port -operations or to an intermodal connection to a port that will improve -the safety, efficiency, or reliability of the movement of goods into, -out of, around, or within a port, as well as the unloading and loading -of cargo at a port: Provided further, That the Federal share of the -costs for which an expenditure is made under this heading shall be up -to 80 percent: Provided further, That not to exceed 2 percent of the -funds appropriated under this heading shall be available for necessary -costs of grant administration: Provided further, That the proceeds of -Federal credit assistance under chapter 6 of title 23, United States -Code or sections 501 through 504 of the Railroad and Revitalization and -Regulatory Reform Act of 1976 (Public Law 94-210), as amended, shall be -considered to be part of the non-Federal share of project costs if the -loan is repayable from non-Federal funds, unless otherwise requested by -the project sponsor: Provided further, That a grant award made under -this heading may not be used to purchase fully-automated cargo handling -equipment or to otherwise facilitate fully-automated cargo handling: -Provided further, That for the purposes of the previous proviso, fully- -automated cargo handling means using equipment that is remotely -operated or remotely monitored with or without the exercise of human -intervention or control. - - administrative provisions--maritime administration - - Sec. 170. Notwithstanding any other provision of this Act, in -addition to any existing authority, the Maritime Administration is -authorized to furnish utilities and services and make necessary repairs -in connection with any lease, contract, or occupancy involving -Government property under control of the Maritime Administration: -Provided, That payments received therefor shall be credited to the -appropriation charged with the cost thereof and shall remain available -until expended: Provided further, That rental payments under any such -lease, contract, or occupancy for items other than such utilities, -services, or repairs shall be covered into the Treasury as -miscellaneous receipts. - - Pipeline and Hazardous Materials Safety Administration - - operational expenses - - For necessary operational expenses of the Pipeline and Hazardous -Materials Safety Administration, $23,710,000, of which $1,500,000 shall -remain available until September 30, 2022: Provided, That the -Secretary of Transportation shall issue final rules as required under -section 5(f), section 21(c), and section 23(a) of the Pipeline Safety, -Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112-90) -no later than 180 days after enactment of this Act: Provided further, -That no later than 90 days after enactment of this Act, the Secretary -of Transportation shall initiate a rulemaking on automatic and remote- -controlled shut-off valves and hazardous liquid pipeline facilities -leak detection systems as required under section 4 and section 8 of the -Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 -(Public Law 112-90), respectively, and shall issue a final rule no -later than one year after enactment of this Act. - - hazardous materials safety - - For expenses necessary to discharge the hazardous materials safety -functions of the Pipeline and Hazardous Materials Safety -Administration, $61,000,000, to remain available until September 30, -2022: Provided, That up to $800,000 in fees collected under 49 U.S.C. -5108(g) shall be deposited in the general fund of the Treasury as -offsetting receipts: Provided further, That there may be credited to -this appropriation, to be available until expended, funds received from -States, counties, municipalities, other public authorities, and private -sources for expenses incurred for training, for reports publication and -dissemination, and for travel expenses incurred in performance of -hazardous materials exemptions and approvals functions. - - pipeline safety - - (pipeline safety fund) - - (oil spill liability trust fund) - - For expenses necessary to carry out a pipeline safety program, as -authorized by 49 U.S.C. 60107, and to discharge the pipeline program -responsibilities of the Oil Pollution Act of 1990, $168,000,000 -(increased by $1,000,000) (reduced by $1,000,000), to remain available -until September 30, 2022, of which $23,000,000 shall be derived from -the Oil Spill Liability Trust Fund; of which $137,000,000 shall be -derived from the Pipeline Safety Fund; and of which $8,000,000 shall be -derived from fees collected under 49 U.S.C. 60302 and deposited in the -Underground Natural Gas Storage Facility Safety Account for the purpose -of carrying out 49 U.S.C. 60141: Provided, That not less than -$1,058,000 of the funds provided under this heading shall be for the -One-Call State grant program. - - emergency preparedness grants - - (emergency preparedness fund) - - For expenses necessary to carry out the Emergency Preparedness -Grants program, not more than $28,318,000 shall remain available until -September 30, 2022, from amounts made available by 49 U.S.C. 5116(h), -and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C. -5116(h)(4), not more than 4 percent of the amounts made available from -this account shall be available to pay administrative costs: Provided -further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current -year obligation limitation, prior year recoveries recognized in the -current year shall be available to develop a hazardous materials -response training curriculum for emergency responders, including -response activities for the transportation of crude oil, ethanol and -other flammable liquids by rail, consistent with National Fire -Protection Association standards, and to make such training available -through an electronic format: Provided further, That the prior year -recoveries made available under this heading shall also be available to -carry out 49 U.S.C. 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e). - - Office of Inspector General - - salaries and expenses - - For necessary expenses of the Office of the Inspector General to -carry out the provisions of the Inspector General Act of 1978, as -amended, $96,700,000 (increased by $1,000,000) (increased by -$1,000,000): Provided, That the Inspector General shall have all -necessary authority, in carrying out the duties specified in the -Inspector General Act, as amended (5 U.S.C. App. 3), to investigate -allegations of fraud, including false statements to the government (18 -U.S.C. 1001), by any person or entity that is subject to regulation by -the Department of Transportation. - - General Provisions--Department of Transportation - - Sec. 180. (a) During the current fiscal year, applicable -appropriations to the Department of Transportation shall be available -for maintenance and operation of aircraft; hire of passenger motor -vehicles and aircraft; purchase of liability insurance for motor -vehicles operating in foreign countries on official department -business; and uniforms or allowances therefor, as authorized by law (5 -U.S.C. 5901-5902). - (b) During the current fiscal year, applicable appropriations to -the Department and its operating administrations shall be available for -the purchase, maintenance, operation, and deployment of unmanned -aircraft systems that advance the Department's, or its operating -administrations', missions. - (c) Any unmanned aircraft system purchased or procured by the -Department prior to the enactment of this Act shall be deemed -authorized. - Sec. 181. Appropriations contained in this Act for the Department -of Transportation shall be available for services as authorized by 5 -U.S.C. 3109, but at rates for individuals not to exceed the per diem -rate equivalent to the rate for an Executive Level IV. - Sec. 182. (a) No recipient of funds made available in this Act -shall disseminate personal information (as defined in 18 U.S.C. -2725(3)) obtained by a State department of motor vehicles in connection -with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as -provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. - (b) Notwithstanding subsection (a), the Secretary shall not -withhold funds provided in this Act for any grantee if a State is in -noncompliance with this provision. - Sec. 183. (a) None of the funds appropriated by this Act may be -made available for salaries and expenses of more than 110 political and -Presidential appointees in the Department of Transportation: Provided, -That none of the personnel covered by this provision may be assigned on -temporary detail outside the Department of Transportation. - (b) The limitation in subsection (a) shall increase to 125 -political and Presidential appointees beginning on the date on which -the Secretary announces the selection of projects to receive awards for -each of the following competitive grants, with respect to funds made -available for fiscal year 2019 for such grants-- - (1) Capital investment grants as authorized and as funded - under the heading ``Office of the Secretary--National - Infrastructure Investments'' by Public Law 116-6; - (2) Grants-In-Aid for Airports as authorized by subchapter - 1 of chapter 471 and subchapter 1 of chapter 475 of title 49, - United States Code, and as funded under the heading ``Federal - Aviation Administration--Grants-in-Aid for Airports'' by Public - Law 116-6; - (3) Federal-State Partnership for State of Good Repair - Grants, as authorized by section 24911 of title 49, United - States Code, and as funded under the heading ``Federal Railroad - Administration--Federal-State Partnership for State of Good - Repair'' by Public Law 116-6; - (4) Consolidated Rail Infrastructure and Safety - Improvements Grants, as authorized by section 22907 of title - 49, United States Code, and as funded under the heading - ``Federal Railroad Administration--Consolidated Rail - Infrastructure and Safety Improvements'' by Public Law 116-6; - (5) Restoration and Enhancement Grants, as authorized by - section 22908 of title 49, United States Code, and as funded - under the heading ``Federal Railroad Administration-- - Restoration and Enhancement'' by Public Law 116-6; - (6) Magnetic levitation transportation projects consistent - with section 322 of title 23, United States Code, and as funded - under the heading ``Federal Railroad Administration--Magnetic - Levitation Technology Deployment Program'' by Public Law 116-6; - (7) Buses and bus facilities competitive grants as - authorized under section 5339(b) of title 49, United States - Code, and as funded under the heading ``Federal Transit - Administration--Transit Infrastructure Grants'' by Public Law - 116-6; - (8) Low or no emission grants, as authorized under section - 5339(c) of title 49, United States Code, and as funded under - the heading ``Federal Transit Administration--Transit - Infrastructure Grants'' by Public Law 116-6; - (9) Grants to qualified shipyards, as authorized under - section 54101 of title 46, United States Code, and as funded - under the heading ``Maritime Administration--Assistance to - Small Shipyards'' by Public Law 116-6; and - (10) Grants to improve port facilities, as authorized under - section 50302 of title 46, United States Code, and as funded - under the heading ``Maritime Administration--Port - Infrastructure Development Program'' by Public Law 116-6. - Sec. 184. Funds received by the Federal Highway Administration and -Federal Railroad Administration from States, counties, municipalities, -other public authorities, and private sources for expenses incurred for -training may be credited respectively to the Federal Highway -Administration's ``Federal-Aid Highways'' account and to the Federal -Railroad Administration's ``Safety and Operations'' account, except for -State rail safety inspectors participating in training pursuant to 49 -U.S.C. 20105. - Sec. 185. (a) None of the funds provided in this Act to the -Department of Transportation may be used to make a loan, loan -guarantee, line of credit, or discretionary grant unless the Secretary -of Transportation notifies the House and Senate Committees on -Appropriations not less than 3 full business days before any project -competitively selected to receive any discretionary grant award, letter -of intent, loan commitment, loan guarantee commitment, line of credit -commitment, or full funding grant agreement is announced by the -Department or its modal administrations: Provided, That the Secretary -gives concurrent notification to the House and Senate Committees on -Appropriations for any ``quick release'' of funds from the emergency -relief program: Provided further, That no notification shall involve -funds that are not available for obligation. - (b) In addition to the notification required in subsection (a), -none of the funds made available in this Act to the Department of -Transportation may be used to make a loan, loan guarantee, line of -credit, cooperative agreement or discretionary grant unless the -Secretary of Transportation provides the House and Senate Committees on -Appropriations a comprehensive list of all such loans, loan guarantees, -lines of credit, cooperative agreement or discretionary grants that -will be announced not less the 3 full business days before such -announcement: Provided, That the requirement to provide a list in this -subsection does not apply to any ``quick release'' of funds from the -emergency relief program: Provided further, That no list shall involve -funds that are not available for obligation. - Sec. 186. Rebates, refunds, incentive payments, minor fees and -other funds received by the Department of Transportation from travel -management centers, charge card programs, the subleasing of building -space, and miscellaneous sources are to be credited to appropriations -of the Department of Transportation and allocated to elements of the -Department of Transportation using fair and equitable criteria and such -funds shall be available until expended. - Sec. 187. Amounts made available in this or any prior Act that the -Secretary determines represent improper payments by the Department of -Transportation to a third-party contractor under a financial assistance -award, which are recovered pursuant to law, shall be available-- - (1) to reimburse the actual expenses incurred by the - Department of Transportation in recovering improper payments: - Provided, That amounts made available in this Act shall be - available until expended; and - (2) to pay contractors for services provided in recovering - improper payments or contractor support in the implementation - of the Improper Payments Information Act of 2002, as amended by - the Improper Payments Elimination and Recovery Act of 2010 and - Improper Payments Elimination and Recovery Improvement Act of - 2012, and Fraud Reduction and Data Analytics Act of 2015: - Provided, That amounts in excess of that required for - paragraphs (1) and (2)-- - (A) shall be credited to and merged with the - appropriation from which the improper payments were - made, and shall be available for the purposes and - period for which such appropriations are available: - Provided further, That where specific project or - accounting information associated with the improper - payment or payments is not readily available, the - Secretary may credit an appropriate account, which - shall be available for the purposes and period - associated with the account so credited; or - (B) if no such appropriation remains available, - shall be deposited in the Treasury as miscellaneous - receipts: Provided further, That prior to depositing - such recovery in the Treasury, the Secretary shall - notify the House and Senate Committees on - Appropriations of the amount and reasons for such - transfer: Provided further, That for purposes of this - section, the term ``improper payments'' has the same - meaning as that provided in section 2(e)(2) of Public - Law 111-204. - Sec. 188. Notwithstanding any other provision of law, if any funds -provided in or limited by this Act are subject to a reprogramming -action that requires notice to be provided to the House and Senate -Committees on Appropriations, transmission of said reprogramming notice -shall be provided solely to the House and Senate Committees on -Appropriations, and said reprogramming action shall be approved or -denied solely by the House and Senate Committees on Appropriations: -Provided, That the Secretary of Transportation may provide notice to -other congressional committees of the action of the House and Senate -Committees on Appropriations on such reprogramming but not sooner than -30 days following the date on which the reprogramming action has been -approved or denied by the House and Senate Committees on -Appropriations. - Sec. 189. Funds appropriated in this Act to the modal -administrations may be obligated for the Office of the Secretary for -the costs related to assessments or reimbursable agreements only when -such amounts are for the costs of goods and services that are purchased -to provide a direct benefit to the applicable modal administration or -administrations. - Sec. 190. The Secretary of Transportation is authorized to carry -out a program that establishes uniform standards for developing and -supporting agency transit pass and transit benefits authorized under -section 7905 of title 5, United States Code, including distribution of -transit benefits by various paper and electronic media. - Sec. 191. The Department of Transportation may use funds provided -by this Act, or any other Act, to assist a contract under title 49, -United States Code or title 23, United States Code, utilizing -geographic, economic, or any other hiring preference not otherwise -authorized by law, or to amend a rule, regulation, policy or other -measure that forbids a recipient of a Federal Highway Administration or -Federal Transit Administration grant from imposing such hiring -preference on a contract or construction project with which the -Department of Transportation is assisting, only if the grant recipient -certifies the following-- - (1) that except with respect to apprentices or trainees, a pool of -readily available but unemployed individuals possessing the knowledge, -skill, and ability to perform the work that the contract requires -resides in the jurisdiction; - (2) that the grant recipient will include appropriate provisions in -its bid document ensuring that the contractor does not displace any of -its existing employees in order to satisfy such hiring preference; and - (3) that any increase in the cost of labor, training, or delays -resulting from the use of such hiring preference does not delay or -displace any transportation project in the applicable Statewide -Transportation Improvement Program or Transportation Improvement -Program. - Sec. 192. (a) None of the funds appropriated or otherwise made -available by this Act may be used to terminate a grant or cooperative -agreement with the California High Speed Rail Authority, de-obligate -funding associated with a grant or cooperative agreement with the -California High Speed Rail Authority, or require the State of -California or the California High Speed Rail Authority to repay funding -previously obligated and expended. - (b) Subsection (a) shall apply to Cooperative Agreement No. FR-HSR- -0009-10-01-06 and any other grant or cooperative agreement with the -California High Speed Rail Authority in effect on or after enactment of -this Act. - (c) Notwithstanding the Department of Transportation Appropriations -Act, 2010 (Public Law 111-117), de-obligated funds associated with -Cooperative Agreement No. FR-HSR-0118-12-01-01-- - (1) may not be made available for any purpose until the - final determination of any litigation concerning those funds; - and - (2) upon the final determination of any such litigation, - shall be made available only for high-speed rail projects under - section 26106 of title 49, United States Code, in accordance - with such section, except the Secretary of Transportation - shall-- - (A) issue a Notice of Funding Opportunity for such - grants no later than 30 days after the final - determination of such litigation; - (B) require that such Notice of Funding Opportunity - shall require application submissions no later than 30 - days after the issuance of such Notice; - (C) award grants no later than 60 days after the - issuance of such Notice; and - (D) require applicants to provide the Secretary - with completed documentation with respect to any - required environmental impact statements within the - application for a grant. - Sec. 193. Section 603(b) of title 23, United States Code, is -amended by striking paragraph (8) and inserting the following: - ``(8) Non-federal share.--Notwithstanding paragraph - (9) and section 117(j)(2), the proceeds of a secured - loan under the TIFIA program shall be considered to be - part of the non-Federal share of project costs required - under this title or chapter 53 of title 49, if the loan - is repayable from non-Federal funds.''. - Sec. 194. Section 502(b)(3) of the Railroad Revitalization and -Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is amended by -striking ``only during the 4-year period beginning on the date of -enactment of the Passenger Rail Reform and Investment Act of 2015'' and -inserting ``until September 30, 2020''. - Sec. 195. (a) None of the funds appropriated by this title may be -made available to issue grants to entities that do not comply with -practices for control system procurement recommended by the United -States Department of Homeland Security's National Cybersecurity and -Communications Integration Center. - (b) The Secretary of Transportation may waive the requirement to -comply with the practices described in subsection (a) if the Secretary -finds that-- - (1) requiring compliance would be inconsistent with the - public interest; and - (2) the Secretary notifies the House and Senate Committees - on Appropriations no less than 3 days before issuing a waiver - under this subsection. - This title may be cited as the ``Department of Transportation -Appropriations Act, 2020''. - - TITLE II - - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - - Management and Administration - - executive offices - - For necessary salaries and expenses for Executive Offices, which -shall be comprised of the offices of the Secretary, Deputy Secretary, -Adjudicatory Services, Congressional and Intergovernmental Relations, -Public Affairs, Small and Disadvantaged Business Utilization, and the -Center for Faith-Based and Neighborhood Partnerships, $14,788,000 -(reduced by $5,000,000) (reduced by $1,000,000), to remain available -until September 30, 2021, and of which $4,557,000 (reduced by -$4,000,000) is for the Office of the Secretary and $2,192,000 (reduced -by $1,000,000) is for the Office of Congressional and Intergovernmental -Relations: Provided, That not to exceed $20,000 of the total amount -made available under this heading shall be available to the Secretary -for official reception and representation expenses as the Secretary may -determine: Provided further, That none of the funds made available in -this title or title II of division G of Public Law 116-6 may be -reprogrammed or otherwise used to increase the appropriation provided -by this title for the Office of the Secretary or the Office of -Congressional and Intergovernmental Relations: Provided further, That -none of the funds made available by this or any other Act may be used -to detail any individual to the Office of the Secretary or the Office -of Congressional and Intergovernmental Relations: Provided further, -That none of the funds made available by this Act may be used to pay -the salary of any individual occupying a political position in the -Office of Budget: Provided further, That for the purposes of the -previous proviso, the term ``political position'' means the following: -a position described under sections 5312 through 5316 of title 5, -United States Code (relating to the Executive Schedule); a noncareer -appointment in the Senior Executive Service, as defined under paragraph -(7) of section 3132(a) of such title; a position in the executive -branch of the Government of a confidential or policy-determining -character under schedule C of subpart C of part 213 of title 5, Code of -Federal Regulations; or any other position that has been excepted from -the competitive service by reason of its confidential, policy- -determining, policy-making, or policy-advocating character. - - administrative support offices - - For necessary salaries and expenses for Administrative Support -Offices, $521,500,000 (reduced by $5,000,000) (reduced by $1,000,000) -(reduced by $2,000,000), to remain available until September 30, 2021: -Provided, That of the sums appropriated under this heading-- - (1) not to exceed $52,691,000 shall be for the Office of - the Chief Financial Officer; - (2) not to exceed $95,890,000 (reduced by $1,000,000) shall - be for the Office of the General Counsel, of which not less - than $20,000,000 shall be for the Departmental Enforcement - Center; - (3) not to exceed $54,000,000 shall be for the Office of - Field Policy and Management; - (4) not to exceed $3,900,000 shall be for the Office of - Departmental Equal Employment Opportunity; - (5) not less than $55,019,000 shall be for the Office of - the Chief Information Officer; and - (6) not to exceed $260,000,000 (reduced by $5,000,000) - shall be for the Assistant Secretary for Administration: - Provided further, That funds provided under this heading may be used -for hire of passenger motor vehicles and services as authorized by 5 -U.S.C. 3109: Provided further, That the Secretary shall provide the -House and Senate Committees on Appropriations quarterly written -notification regarding the status of pending congressional reports: -Provided further, That the Secretary shall provide in electronic form -all signed reports required by Congress: Provided further, That not -more than 10 percent of the funds made available under this heading for -the Office of Chief Financial Officer for the financial transformation -initiative may be obligated until the Secretary submits to the House -and Senate Committees on Appropriations, for approval, a plan for -expenditure that includes the financial and internal control -capabilities to be delivered and the mission benefits to be realized, -key milestones to be met, and the relationship between the proposed use -of funds made available under this heading and the projected total cost -and scope of the initiative. - - program office salaries and expenses - - For necessary salaries and expenses for Program Offices, -$849,144,000 (reduced by $2,000,000), to remain available until -September 30, 2021: Provided, the amounts made available under this -heading are provided as follows-- - (1) not to exceed $230,000,000 (reduced by $1,000,000) - (increased by $1,000,000) shall be available for the Office of - Public and Indian Housing, of which $10,200,000 is for: (a) the - Secretary of Housing and Urban Development for carrying out any - authorities of such Secretary under chapter 11 of subtitle B of - the Violence Against Women Act of 1994 (34 U.S.C. 12351) and - subtitle N of such Act (34 U.S.C. 12471 et seq.); (b) public - housing inspections and assessments as referred in paragraph - (2) of the heading ``Public Housing Capital Fund'' in this - title; and (c) public housing inspections, monitoring and - oversight of activities, and other assistance authorized under - title I of the Native American Housing Assistance and Self- - Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), - title I of the Housing and Community Development Act of 1974 - with respect to Indian tribes (42 U.S.C. 5306(a)(1)), section - 184 of the Housing and Community Development Act of 1992 (12 - U.S.C. 1715z-13a), and Tribal HUD-VASH program; - (2) not to exceed $117,000,000 shall be available for the - Office of Community Planning and Development, of which - $4,656,000 shall be for permanent positions for a disaster - recovery workforce; - (3) not to exceed $386,144,000 (reduced by $2,000,000) - shall be available for the Office of Housing, of which not less - than $12,000,000 shall be for the Office of Recapitalization; - (4) not to exceed $26,000,000 shall be available for the - Office of Policy Development and Research; - (5) not to exceed $80,000,000 shall be available for the - Office of Fair Housing and Equal Opportunity; and - (6) not to exceed $10,000,000 shall be available for the - Office of Lead Hazard Control and Healthy Homes: - Provided further, That the unobligated balances of prior year -appropriations made available under each of the accounts ``Public and -Indian Housing'', ``Community Planning and Development'', ``Housing'', -``Policy Development and Research'', ``Fair Housing and Equal -Opportunity'', and ``Office of Lead Hazard Control and Healthy Homes'' -under the heading ``Department of Housing and Urban Development-- -Program Office Salaries and Expenses'' shall be transferred to, and -merged with, the amounts reserved for the Office of Public and Indian -Housing, the Office of Community Planning and Development, the Office -of Housing, the Office of Policy Development and Research, the Office -of Fair Housing and Equal Opportunity, and the Office of Lead Hazard -Control and Healthy Homes, respectively, under the heading ``Department -of Housing and Urban Development--Program Office Salaries and -Expenses'' in this title. - - working capital fund - - (including transfer of funds) - - For the working capital fund for the Department of Housing and -Urban Development (referred to in this paragraph as the ``Fund''), -pursuant, in part, to section 7(f) of the Department of Housing and -Urban Development Act (42 U.S.C. 3535(f)), amounts transferred, -including reimbursements pursuant to section 7(f), to the Fund under -this heading shall be available for Federal shared services used by -offices and agencies of the Department, and for such portion of any -office or agency's printing, records management, space renovation, -furniture, or supply services as the Secretary determines shall be -derived from centralized sources made available by the Department to -all offices and agencies and funded through the Fund: Provided, That -of the amounts made available in this title for salaries and expenses -under the headings ``Executive Offices'', ``Administrative Support -Offices'', ``Program Office Salaries and Expenses'', and ``Government -National Mortgage Association'', the Secretary shall transfer to the -Fund such amounts, to remain available until expended, as are necessary -to fund services, specified in the matter preceding the first proviso, -for which the appropriation would otherwise have been available, and -may transfer not to exceed an additional $5,000,000, in aggregate, from -all such appropriations, to be merged with the Fund and to remain -available until expended for any purpose under this heading: Provided -further, That amounts in the Fund shall be the only amounts available -to each office or agency of the Department for the services, or portion -of services, specified in the matter preceding the first proviso: -Provided further, That with respect to the Fund, the authorities and -conditions under this heading shall supplement the authorities and -conditions provided under section 7(f). - - Public and Indian Housing - - tenant-based rental assistance - - For activities and assistance for the provision of tenant-based -rental assistance authorized under the United States Housing Act of -1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not -otherwise provided for, $19,810,000,000 (increased by $2,000,000) -(increased by $2,000,000), to remain available until expended, shall be -available on October 1, 2019 (in addition to the $4,000,000,000 -previously appropriated under this heading that shall be available on -October 1, 2019), and $4,000,000,000, to remain available until -expended, shall be available on October 1, 2020: Provided, That the -amounts made available under this heading are provided as follows-- - (1) $21,400,000,000 shall be available for renewals of - expiring section 8 tenant-based annual contributions contracts - (including renewals of enhanced vouchers under any provision of - law authorizing such assistance under section 8(t) of the Act) - and including renewal of other special purpose incremental - vouchers: Provided, That notwithstanding any other provision - of law, from amounts provided under this paragraph and any - carryover, the Secretary for the calendar year 2020 funding - cycle shall provide renewal funding for each public housing - agency based on validated voucher management system (VMS) - leasing and cost data for the prior calendar year and by - applying an inflation factor as established by the Secretary, - by notice published in the Federal Register, and by making any - necessary adjustments for the costs associated with the first- - time renewal of vouchers under this paragraph including tenant - protection and Choice Neighborhoods vouchers: Provided - further, That the Secretary shall, to the extent necessary to - stay within the amount specified under this paragraph (except - as otherwise modified under this paragraph), prorate each - public housing agency's allocation otherwise established - pursuant to this paragraph: Provided further, That except as - provided in the following provisos, the entire amount specified - under this paragraph (except as otherwise modified under this - paragraph) shall be obligated to the public housing agencies - based on the allocation and pro rata method described above, - and the Secretary shall notify public housing agencies of their - annual budget by the latter of 60 days after enactment of this - Act or March 1, 2020: Provided further, That the Secretary may - extend the notification period with the prior written approval - of the House and Senate Committees on Appropriations: Provided - further, That public housing agencies participating in the MTW - demonstration shall be funded pursuant to their MTW agreements - and in accordance with the requirements of the MTW program and - shall be subject to the same pro rata adjustments under the - previous provisos: Provided further, That the Secretary may - offset public housing agencies' calendar year 2020 allocations - based on the excess amounts of public housing agencies' net - restricted assets accounts, including HUD-held programmatic - reserves (in accordance with VMS data in calendar year 2019 - that is verifiable and complete), as determined by the - Secretary: Provided further, That public housing agencies - participating in the MTW demonstration shall also be subject to - the offset, as determined by the Secretary, excluding amounts - subject to the single fund budget authority provisions of their - MTW agreements, from the agencies' calendar year 2020 MTW - funding allocation: Provided further, That the Secretary shall - use any offset referred to in the previous two provisos - throughout the calendar year to prevent the termination of - rental assistance for families as the result of insufficient - funding, as determined by the Secretary, and to avoid or reduce - the proration of renewal funding allocations: Provided - further, That the Secretary may utilize unobligated balances, - including recaptures and carryover, remaining from funds - appropriated under this heading from prior year appropriations - (excluding special purpose vouchers), notwithstanding the - purposes for which such amounts were appropriated, to avoid or - reduce such prorations: Provided further, That up to - $100,000,000 shall be available only: (1) for adjustments in - the allocations for public housing agencies, after application - for an adjustment by a public housing agency that experienced a - significant increase, as determined by the Secretary, in - renewal costs of vouchers resulting from unforeseen - circumstances or from portability under section 8(r) of the - Act; (2) for vouchers that were not in use during the previous - 12-month period in order to be available to meet a commitment - pursuant to section 8(o)(13) of the Act; (3) for adjustments - for costs associated with HUD-Veterans Affairs Supportive - Housing (HUD-VASH) vouchers; (4) for adjustments in the - allocations for public housing agencies that (i) are leasing a - lower-than-average percentage of their authorized vouchers, - (ii) have low amounts of budget authority in their net - restricted assets accounts and HUD-held programmatic reserves, - relative to other agencies, and (iii) are not participating in - the Moving to Work demonstration, to enable such agencies to - lease more vouchers; (5) for public housing agencies that - despite taking reasonable cost savings measures, as determined - by the Secretary, would otherwise be required to terminate - rental assistance for families as a result of insufficient - funding; and (6) for public housing agencies that have - experienced increased costs or loss of units in an area for - which the President declared a disaster under title IV of the - Robert T. Stafford Disaster Relief and Emergency Assistance Act - (42 U.S.C. 5170 et seq.): Provided further, That the Secretary - shall allocate amounts under the previous proviso based on - need, as determined by the Secretary; - (2) $150,000,000 shall be for section 8 rental assistance - for relocation and replacement of housing units that are - demolished or disposed of pursuant to section 18 of the Act, - conversion of section 23 projects to assistance under section - 8, the family unification program under section 8(x) of the - Act, relocation of witnesses in connection with efforts to - combat crime in public and assisted housing pursuant to a - request from a law enforcement or prosecution agency, enhanced - vouchers under any provision of law authorizing such assistance - under section 8(t) of the Act, HOPE VI and Choice Neighborhood - vouchers, mandatory and voluntary conversions, and tenant - protection assistance including replacement and relocation - assistance or for project-based assistance to prevent the - displacement of unassisted elderly tenants currently residing - in section 202 properties financed between 1959 and 1974 that - are refinanced pursuant to Public Law 106-569, as amended, or - under the authority as provided under this Act: Provided, That - when a public housing development is submitted for demolition - or disposition under section 18 of the Act, the Secretary may - provide section 8 rental assistance when the units pose an - imminent health and safety risk to residents: Provided - further, That the Secretary shall provide replacement vouchers - for all units that cease to be available as assisted housing, - subject only to the availability of funds: Provided further, - That of the amounts made available under this paragraph, - $5,000,000 may be available to provide tenant protection - assistance, not otherwise provided under this paragraph, to - residents residing in low vacancy areas and who may have to pay - rents greater than 30 percent of household income, as the - result of: (A) the maturity of a HUD-insured, HUD-held or - section 202 loan that requires the permission of the Secretary - prior to loan prepayment; (B) the expiration of a rental - assistance contract for which the tenants are not eligible for - enhanced voucher or tenant protection assistance under existing - law; or (C) the expiration of affordability restrictions - accompanying a mortgage or preservation program administered by - the Secretary: Provided further, That such tenant protection - assistance made available under the previous proviso may be - provided under the authority of section 8(t) or section - 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. - 1437f(t)): Provided further, That the Secretary shall issue - guidance to implement the previous provisos, including, but not - limited to, requirements for defining eligible at-risk - households within 60 days of the enactment of this Act: - Provided further, That any tenant protection voucher made - available from amounts under this paragraph shall not be - reissued by any public housing agency, except the replacement - vouchers as defined by the Secretary by notice, when the - initial family that received any such voucher no longer - receives such voucher, and the authority for any public housing - agency to issue any such voucher shall cease to exist: - Provided further, That the Secretary may provide section 8 - rental assistance from amounts made available under this - paragraph for units assisted under a project-based subsidy - contract funded under the ``Project-Based Rental Assistance'' - heading under this title where the owner has received a Notice - of Default and the units pose an imminent health and safety - risk to residents: Provided further, That to the extent that - the Secretary determines that such units are not feasible for - continued rental assistance payments or transfer of the subsidy - contract associated with such units to another project or - projects and owner or owners, any remaining amounts associated - with such units under such contract shall be recaptured and - used to reimburse amounts used under this paragraph for rental - assistance under the preceding proviso; - (3) $1,925,000,000 shall be for administrative and other - expenses of public housing agencies in administering the - section 8 tenant-based rental assistance program, of which up - to $30,000,000 shall be available to the Secretary to allocate - to public housing agencies that need additional funds to - administer their section 8 programs, including fees associated - with section 8 tenant protection rental assistance, the - administration of disaster related vouchers, HUD-VASH vouchers, - and other special purpose incremental vouchers: Provided, That - no less than $1,895,000,000 of the amount provided in this - paragraph shall be allocated to public housing agencies for the - calendar year 2020 funding cycle based on section 8(q) of the - Act (and related Appropriation Act provisions) as in effect - immediately before the enactment of the Quality Housing and - Work Responsibility Act of 1998 (Public Law 105-276): Provided - further, That if the amounts made available under this - paragraph are insufficient to pay the amounts determined under - the previous proviso, the Secretary may decrease the amounts - allocated to agencies by a uniform percentage applicable to all - agencies receiving funding under this paragraph or may, to the - extent necessary to provide full payment of amounts determined - under the previous proviso, utilize unobligated balances, - including recaptures and carryovers, remaining from funds - appropriated to the Department of Housing and Urban Development - under this heading from prior fiscal years, excluding special - purpose vouchers, notwithstanding the purposes for which such - amounts were appropriated: Provided further, That all public - housing agencies participating in the MTW demonstration shall - be funded pursuant to their MTW agreements and in accordance - with the requirements of the MTW program, and shall be subject - to the same uniform percentage decrease as under the previous - proviso: Provided further, That amounts provided under this - paragraph shall be only for activities related to the provision - of tenant-based rental assistance authorized under section 8, - including related development activities; - (4) $225,000,000 shall be for the renewal of tenant-based - assistance contracts under section 811 of the Cranston-Gonzalez - National Affordable Housing Act (42 U.S.C. 8013), including - necessary administrative expenses: Provided, That - administrative and other expenses of public housing agencies in - administering the special purpose vouchers in this paragraph - shall be funded under the same terms and be subject to the same - pro rata reduction as the percent decrease for administrative - and other expenses to public housing agencies under paragraph - (3) of this heading: - (5) $5,000,000 shall be for rental assistance and - associated administrative fees for Tribal HUD-VASH to serve - Native American veterans that are homeless or at-risk of - homelessness living on or near a reservation or other Indian - areas: Provided, That such amount shall be made available for - renewal grants to recipients that received assistance under - prior Acts under the Tribal HUD-VASH program: Provided - further, That the Secretary shall be authorized to specify - criteria for renewal grants, including data on the utilization - of assistance reported by grant recipients: Provided further, - That any amounts remaining after such renewal assistance is - awarded may be available for new grants to recipients eligible - to receive block grants under the Native American Housing - Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 - et seq.) for rental assistance and associated administrative - fees for Tribal HUD-VASH to serve Native American veterans that - are homeless or at-risk of homelessness living on or near a - reservation or other Indian areas: Provided further, That - funds shall be awarded based on need, and administrative - capacity established by the Secretary in a Notice published in - the Federal Register after coordination with the Secretary of - the Department of Veterans Affairs: Provided further, That - renewal grants and new grants under this paragraph shall be - administered in accordance with program requirements under the - Native American Housing Assistance and Self-Determination Act - of 1996 and modeled after the HUD-VASH program: Provided - further, That the Secretary shall be authorized to waive, or - specify alternative requirements for any provision of any - statute or regulation that the Secretary administers in - connection with the use of funds made available under this - paragraph (except for requirements related to fair housing, - nondiscrimination, labor standards, and the environment), upon - a finding by the Secretary that any such waivers or alternative - requirements are necessary for the effective delivery and - administration of such assistance: Provided further, That - grant recipients shall report to the Secretary on utilization - of such rental assistance and other program data, as prescribed - by the Secretary: Provided further, That the Secretary may - reallocate, as determined by the Secretary, amounts returned or - recaptured from awards under prior Acts; - (6) $40,000,000 (increased by $2,000,000) for incremental - rental voucher assistance for use through a supported housing - program administered in conjunction with the Department of - Veterans Affairs as authorized under section 8(o)(19) of the - United States Housing Act of 1937: Provided, That the - Secretary of Housing and Urban Development shall make such - funding available, notwithstanding section 203 (competition - provision) of this title, to public housing agencies that - partner with eligible VA Medical Centers or other entities as - designated by the Secretary of the Department of Veterans - Affairs, based on geographical need for such assistance as - identified by the Secretary of the Department of Veterans - Affairs, public housing agency administrative performance, and - other factors as specified by the Secretary of Housing and - Urban Development in consultation with the Secretary of the - Department of Veterans Affairs: Provided further, That the - Secretary of Housing and Urban Development may waive, or - specify alternative requirements for (in consultation with the - Secretary of the Department of Veterans Affairs), any provision - of any statute or regulation that the Secretary of Housing and - Urban Development administers in connection with the use of - funds made available under this paragraph (except for - requirements related to fair housing, nondiscrimination, labor - standards, and the environment), upon a finding by the - Secretary that any such waivers or alternative requirements are - necessary for the effective delivery and administration of such - voucher assistance: Provided further, That assistance made - available under this paragraph shall continue to remain - available for homeless veterans upon turn-over; - (7) $40,000,000 shall be made available for new incremental - voucher assistance through the family unification program as - authorized by section 8(x) of the Act: Provided, That the - assistance made available under this paragraph shall continue - to remain available for family unification upon turnover: - Provided further, That for any public housing agency - administering voucher assistance appropriated in a prior Act - under the family unification program that determines that it no - longer has an identified need for such assistance upon - turnover, such agency shall notify the Secretary, and the - Secretary shall recapture such assistance from the agency and - reallocate it to any other public housing agency or agencies - based on need for voucher assistance in connection with such - program: Provided further, That of the amounts made available - under this paragraph, up to $20,000,000 shall be for assistance - for youth under section 8(x) of the Act: Provided further, - That notwithstanding other laws, the Secretary shall, subject - only to the availability of funds, allocate such assistance to - any public housing agencies that (1) administer assistance - under section 8(x), or seek to administer such assistance, - consistent with procedures established by the Secretary, and - (2) have requested such assistance so that they may provide - timely assistance to eligible youth: Provided further, That - public housing agencies shall not reissue any assistance made - available from amounts under this paragraph when the initial - youth that received any such assistance no longer receives it, - unless approved by the Secretary; - (8) $25,000,000 shall be made available for the mobility - demonstration authorized under section 235 of division G of the - Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note; - Public Law 116-6; 133 Stat. 465), of which up to $5,000,000 - shall be for new incremental voucher assistance and the - remainder of which shall be available to provide mobility- - related services to families with children, including pre- and - post-move counseling and rent deposits, and to offset the - administrative costs of operating the mobility demonstration: - Provided, That incremental voucher assistance made available - under this paragraph shall be for families with children - participating in the mobility demonstration and shall continue - to remain available for families with children upon turnover: - Provided further, That for any public housing agency - administering voucher assistance under the mobility - demonstration that determines that it no longer has an - identified need for such assistance upon turnover, such agency - shall notify the Secretary, and the Secretary shall recapture - such assistance from the agency and reallocate it to any other - public housing agency or agencies based on need for voucher - assistance in connection with such demonstration; and - (9) the Secretary shall separately track all special - purpose vouchers funded under this heading. - - housing certificate fund - - (including rescissions) - - Unobligated balances, including recaptures and carryover, remaining -from funds appropriated to the Department of Housing and Urban -Development under this heading, the heading ``Annual Contributions for -Assisted Housing'' and the heading ``Project-Based Rental Assistance'', -for fiscal year 2020 and prior years may be used for renewal of or -amendments to section 8 project-based contracts and for performance- -based contract administrators, notwithstanding the purposes for which -such funds were appropriated: Provided, That any obligated balances of -contract authority from fiscal year 1974 and prior that have been -terminated shall be rescinded: Provided further, That amounts -heretofore recaptured, or recaptured during the current fiscal year, -from section 8 project-based contracts from source years fiscal year -1975 through fiscal year 1987 are hereby rescinded, and an amount of -additional new budget authority, equivalent to the amount rescinded is -hereby appropriated, to remain available until expended, for the -purposes set forth under this heading, in addition to amounts otherwise -available. - - public housing capital fund - - For the Public Housing Capital Fund Program to carry out capital -and management activities for public housing agencies, as authorized -under section 9 of the United States Housing Act of 1937 (42 U.S.C. -1437g) (the ``Act'') $2,855,057,000, to remain available until -September 30, 2023: Provided, That the amounts made available under -this heading are provided as follows-- - (1) notwithstanding any other provision of law or - regulation, during fiscal year 2020, the Secretary of Housing - and Urban Development may not delegate to any Department - official other than the Deputy Secretary and the Assistant - Secretary for Public and Indian Housing any authority under - paragraph (2) of section 9(j) regarding the extension of the - time periods under such section: Provided further, That for - purposes of such section 9(j), the term ``obligate'' means, - with respect to amounts, that the amounts are subject to a - binding agreement that will result in outlays, immediately or - in the future; - (2) $28,000,000 shall be to support ongoing public housing - financial and physical assessment activities, pilot a new - physical inspection process, and implement the recommendations - made in the March 2019 Government Accountability Office (GAO) - report ``Real Estate Inspection Center: HUD should Improve - Physical Inspection Process and Oversight of Inspectors'' (GAO- - 19-254); - (3) up to $16,000,000 shall be to support the costs of - administrative and judicial receiverships; - (4) not to exceed $30,000,000 shall be available for the - Secretary to make grants, notwithstanding section 203 of this - Act, to public housing agencies for emergency capital needs - including safety and security measures necessary to address - crime and drug-related activity as well as needs resulting from - unforeseen or unpreventable emergencies and natural disasters - excluding Presidentially declared emergencies and natural - disasters under the Robert T. Stafford Disaster Relief and - Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year - 2020: Provided further, That of the amount made available under - this paragraph, not less than $10,000,000 shall be for safety - and security measures: Provided further, That in addition to - the amount in the previous proviso for such safety and security - measures, any amounts that remain available, after all - applications received on or before September 30, 2021, for - emergency capital needs have been processed, shall be allocated - to public housing agencies for such safety and security - measures; - (5) Provided further, That for funds provided under this - heading, the limitation in section 9(g)(1) of the Act shall be - 25 percent: Provided further, That the Secretary may waive the - limitation in the previous proviso to allow public housing - agencies to fund activities authorized under section 9(e)(1)(C) - of the Act: Provided further, That the Secretary shall notify - public housing agencies requesting waivers under the previous - proviso if the request is approved or denied within 14 days of - submitting the request: Provided further, That from the funds - made available under this heading, the Secretary shall provide - bonus awards in fiscal year 2020 to public housing agencies - that are designated high performers: Provided further, That the - Department shall notify public housing agencies of their - formula allocation within 60 days of enactment of this Act; - (6) $25,000,000 shall be available for competitive grants - to public housing agencies to evaluate and reduce lead-based - paint hazards in public housing by carrying out the activities - of risk assessments, abatement, and interim controls (as those - terms are defined in section 1004 of the Residential Lead-Based - Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)): Provided - further, That for purposes of environmental review, a grant - under this paragraph shall be considered funds for projects or - activities under title I of the United States Housing Act of - 1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of - such Act (42 U.S.C. 1437x) and shall be subject to the - regulations implementing such section; and - (7) $25,000,000 shall be available for competitive grants - to public housing agencies for activities authorized under the - Healthy Homes Initiative, pursuant to sections 501 and 502 of - the Housing and Urban Development Act of 1970, which shall - include research, studies, testing, and demonstration efforts, - including education and outreach concerning mold, carbon - monoxide poisoning, and other housing-related diseases and - hazards. - - public housing operating fund - - For 2020 payments to public housing agencies for the operation and -management of public housing, as authorized by section 9(e) of the -United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,753,116,000, -to remain available until September 30, 2021. - - choice neighborhoods initiative - - For competitive grants under the Choice Neighborhoods Initiative -(subject to section 24 of the United States Housing Act of 1937 (42 -U.S.C. 1437v), unless otherwise specified under this heading), for -transformation, rehabilitation, and replacement housing needs of both -public and HUD-assisted housing and to transform neighborhoods of -poverty into functioning, sustainable mixed income neighborhoods with -appropriate services, schools, public assets, transportation and access -to jobs, $300,000,000, to remain available until September 30, 2023: -Provided, That grant funds may be used for resident and community -services, community development, and affordable housing needs in the -community, and for conversion of vacant or foreclosed properties to -affordable housing: Provided further, That the use of funds made -available under this heading shall not be deemed to be public housing -notwithstanding section 3(b)(1) of such Act: Provided further, That -grantees shall commit to an additional period of affordability -determined by the Secretary of not fewer than 20 years: Provided -further, That grantees shall provide a match in State, local, other -Federal or private funds: Provided further, That grantees may include -local governments, tribal entities, public housing authorities, and -nonprofits: Provided further, That for-profit developers may apply -jointly with a public entity: Provided further, That for purposes of -environmental review, a grantee shall be treated as a public housing -agency under section 26 of the United States Housing Act of 1937 (42 -U.S.C. 1437x), and grants under this heading shall be subject to the -regulations issued by the Secretary to implement such section: -Provided further, That of the amount provided, not less than -$150,000,000 shall be awarded to public housing agencies: Provided -further, That such grantees shall create partnerships with other local -organizations including assisted housing owners, service agencies, and -resident organizations: Provided further, That the Secretary shall -consult with the Secretaries of Education, Labor, Transportation, -Health and Human Services, Agriculture, and Commerce, the Attorney -General, and the Administrator of the Environmental Protection Agency -to coordinate and leverage other appropriate Federal resources: -Provided further, That no more than $5,000,000 of funds made available -under this heading may be provided as grants to undertake comprehensive -local planning with input from residents and the community: Provided -further, That unobligated balances, including recaptures, remaining -from funds appropriated under the heading ``Revitalization of Severely -Distressed Public Housing (HOPE VI)'' in fiscal year 2011 and prior -fiscal years may be used for purposes under this heading, -notwithstanding the purposes for which such amounts were appropriated: -Provided further, That the Secretary shall issue the Notice of Funding -Availability for funds made available under this heading no later than -120 days after enactment of this Act: Provided further, That the -Secretary shall make grant awards no later than one year from the date -of enactment of this Act in such amounts that the Secretary determines: - Provided further, That notwithstanding section 24(o) of the United -States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, -until September 30, 2023, obligate any available unobligated balances -made available under this heading in this, or any prior Act. - - self-sufficiency programs - - For activities and assistance related to Self-Sufficiency Programs, -to remain available until September 30, 2023, $150,000,000 (increased -by $5,000,000): Provided, That the amounts made available under this -heading are provided as follows-- - (1) $100,000,000 (increased by $5,000,000) shall be for the - Family Self-Sufficiency program to support family self- - sufficiency coordinators under section 23 of the United States - Housing Act of 1937 (42 U.S.C. 1437u), to promote the - development of local strategies to coordinate the use of - assistance under sections 8 and 9 of such Act with public and - private resources, and enable eligible families to achieve - economic independence and self-sufficiency: Provided, That the - Secretary may, by Federal Register notice, waive or specify - alternative requirements under subsections (b)(3), (b)(4), - (b)(5), or (c)(1) of section 23 of such Act in order to - facilitate the operation of a unified self-sufficiency program - for individuals receiving assistance under different provisions - of the Act, as determined by the Secretary: Provided further, - That owners of a privately owned multifamily property with a - section 8 contract may voluntarily make a Family Self- - Sufficiency program available to the assisted tenants of such - property in accordance with procedures established by the - Secretary: Provided further, That such procedures established - pursuant to the previous proviso shall permit participating - tenants to accrue escrow funds in accordance with section - 23(d)(2) and shall allow owners to use funding from residual - receipt accounts to hire coordinators for their own Family - Self-Sufficiency program; - (2) $35,000,000 shall be for the Resident Opportunity and - Self-Sufficiency program to provide for supportive services, - service coordinators, and congregate services as authorized by - section 34 of the United States Housing Act of 1937 (42 U.S.C. - 1437z-6) and the Native American Housing Assistance and Self- - Determination Act of 1996 (25 U.S.C. 4101 et seq.); and - (3) $15,000,000 shall be for a Jobs-Plus initiative, - modeled after the Jobs-Plus demonstration: Provided, That - funding provided under this paragraph shall be available for - competitive grants to partnerships between public housing - authorities, local workforce investment boards established - under section 107 of the Workforce Innovation and Opportunity - Act of 2014 (29 U.S.C. 3122), and other agencies and - organizations that provide support to help public housing - residents obtain employment and increase earnings: Provided - further, That applicants must demonstrate the ability to - provide services to residents, partner with workforce - investment boards, and leverage service dollars: Provided - further, That the Secretary may allow public housing agencies - to request exemptions from rent and income limitation - requirements under sections 3 and 6 of the United States - Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to - implement the Jobs-Plus program, on such terms and conditions - as the Secretary may approve upon a finding by the Secretary - that any such waivers or alternative requirements are necessary - for the effective implementation of the Jobs-Plus initiative as - a voluntary program for residents: Provided further, That the - Secretary shall publish by notice in the Federal Register any - waivers or alternative requirements pursuant to the preceding - proviso no later than 10 days before the effective date of such - notice: Provided further, That for funds provided under this - paragraph, the limitation in section 9(g)(1) of the United - States Housing Act of 1937 shall be 25 percent: Provided - further, That the Secretary may waive the limitation in the - previous proviso to allow public housing agencies to fund - activities authorized under section 9(e)(1)(C) of such Act: - Provided further, That the Secretary shall notify public - housing agencies requesting waivers under the previous proviso - if the request is approved or denied within 14 days of - submitting the request: Provided further, That from the funds - made available under this heading, the Secretary shall provide - bonus awards in fiscal year 2020 to public housing agencies - that are designated high performers: Provided further, That the - Department shall notify public housing agencies of their - formula allocation within 60 days of enactment of this Act. - - native american programs - - (including transfer of funds) - - For activities and assistance authorized under title I of the -Native American Housing Assistance and Self-Determination Act of 1996 -(NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing and -Community Development Act of 1974 with respect to Indian tribes (42 -U.S.C. 5306(a)(1)), and related training and technical assistance, -$855,000,000 (increased by $5,000,000), to remain available until -September 30, 2024, unless otherwise specified: Provided, That amounts -made available under this heading are provided as follows-- - (1) $671,000,000 shall be for the Native American Housing - Block Grants program, as authorized under title I of NAHASDA: - Provided, That, notwithstanding NAHASDA, to determine the - amount of the allocation under title I of such Act for each - Indian tribe, the Secretary shall apply the formula under - section 302 of such Act with the need component based on - single-race census data and with the need component based on - multi-race census data, and the amount of the allocation for - each Indian tribe shall be the greater of the two resulting - allocation amounts: Provided further, That the Department - shall notify grantees of their formula allocation within 60 - days of the date of enactment of this Act; - (2) $2,000,000 shall be for the cost of guaranteed notes - and other obligations, as authorized by title VI of NAHASDA: - Provided, That such costs, including the costs of modifying - such notes and other obligations, shall be as defined in - section 502 of the Congressional Budget Act of 1974, as - amended: Provided further, That these funds are available to - subsidize the total principal amount of any notes and other - obligations, any part of which is to be guaranteed, not to - exceed $32,000,000; - (3) $100,000,000 shall be for competitive grants under the - Native American Housing Block Grants program, as authorized - under title I of NAHASDA: Provided, That the Secretary shall - obligate this additional amount for competitive grants to - eligible recipients authorized under NAHASDA that apply for - funds: Provided further, That in awarding this additional - amount, the Secretary shall consider need and administrative - capacity, and shall give priority to projects that will spur - construction and rehabilitation: Provided further, That a - grant funded pursuant to this paragraph shall be not greater - than $10,000,000: Provided further, That up to 1 percent of - this additional amount may be transferred, in aggregate, to the - Office of Public and Indian Housing under paragraph (1) of the - heading ``Program Office Salaries and Expenses'' for necessary - costs of administering and overseeing the obligation and - expenditure of this additional amount: Provided further, That - any funds transferred pursuant to this paragraph shall remain - available until September 30, 2025; - (4) $75,000,000 (increased by $5,000,000) shall be for - grants to Indian tribes for carrying out the Indian Community - Development Block Grant program under title I of the Housing - and Community Development Act of 1974, notwithstanding section - 106(a)(1) of such Act, of which, notwithstanding any other - provision of law (including section 203 of this Act), up to - $5,000,000 may be used for emergencies that constitute imminent - threats to health and safety: Provided, That not to exceed 20 - percent of any grant made with funds appropriated under this - paragraph shall be expended for planning and management - development and administration: Provided further, That funds - provided under this paragraph shall remain available until - September 30, 2022; and - (5) $7,000,000 shall be for providing training and - technical assistance to Indian tribes, Indian housing - authorities and tribally designated housing entities, to - support the inspection of Indian housing units, contract - expertise, and for training and technical assistance related to - funding provided under this heading and other headings under - this Act for the needs of Native American families and Indian - country: Provided, That of the funds made available under this - paragraph, not less than $2,000,000 shall be available for a - national organization as authorized under section 703 of - NAHASDA (25 U.S.C. 4212): Provided further, That - notwithstanding the provisions of the Federal Grant and - Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the - amounts made available under this paragraph may be used by the - Secretary to enter into cooperative agreements with public and - private organizations, agencies, institutions, and other - technical assistance providers to support the administration of - negotiated rulemaking under section 106 of NAHASDA (25 U.S.C. - 4116), the administration of the allocation formula under - section 302 of NAHASDA (25 U.S.C. 4152), and the administration - of performance tracking and reporting under section 407 of - NAHASDA (25 U.S.C. 4167). - - indian housing loan guarantee fund program account - - For the cost of guaranteed loans, as authorized by section 184 of -the Housing and Community Development Act of 1992 (12 U.S.C. 1715z- -13a), $2,500,000, to remain available until expended: Provided, That -such costs, including the costs of modifying such loans, shall be as -defined in section 502 of the Congressional Budget Act of 1974: -Provided further, That these funds are available to subsidize total -loan principal, any part of which is to be guaranteed, up to -$1,000,000,000, to remain available until expended: Provided further, -That up to $500,000 of this amount may be for administrative contract -expenses including management processes and systems to carry out the -loan guarantee program. - - native hawaiian housing block grant - - For the Native Hawaiian Housing Block Grant program, as authorized -under title VIII of the Native American Housing Assistance and Self- -Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,500,000, to -remain available until September 30, 2024: Provided, That -notwithstanding section 812(b) of such Act, the Department of Hawaiian -Home Lands may not invest grant amounts provided under this heading in -investment securities and other obligations: Provided further, That -amounts made available under this heading in this and prior fiscal -years may be used to provide rental assistance to eligible Native -Hawaiian families both on and off the Hawaiian Home Lands, -notwithstanding any other provision of law. - - Community Planning and Development - - housing opportunities for persons with aids - - For carrying out the Housing Opportunities for Persons with AIDS -program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. -12901 et seq.), $410,000,000, to remain available until September 30, -2021, except that amounts allocated pursuant to section 854(c)(5) of -such Act shall remain available until September 30, 2022: Provided, -That the Secretary shall renew all expiring contracts for permanent -supportive housing that initially were funded under section 854(c)(5) -of such Act from funds made available under this heading in fiscal year -2010 and prior fiscal years that meet all program requirements before -awarding funds for new contracts under such section: Provided further, -That the Department shall notify grantees of their formula allocation -within 60 days of enactment of this Act. - - community development fund - - For carrying out the community development block grant program -under title I of the Housing and Community Development Act of 1974, as -amended (42 U.S.C. 5301 et seq.)(``the Act'' herein), $3,600,000,000, -to remain available until September 30, 2022, unless otherwise -specified: Provided, That unless explicitly provided for under this -heading, not to exceed 20 percent of any grant made with funds -appropriated under this heading shall be expended for planning and -management development and administration: Provided further, That a -metropolitan city, urban county, unit of general local government, or -insular area that directly or indirectly receives funds under this -heading may not sell, trade, or otherwise transfer all or any portion -of such funds to another such entity in exchange for any other funds, -credits or non-Federal considerations, but must use such funds for -activities eligible under title I of the Act: Provided further, That -notwithstanding section 105(e)(1) of the Act, no funds provided under -this heading may be provided to a for-profit entity for an economic -development project under section 105(a)(17) unless such project has -been evaluated and selected in accordance with guidelines required -under subsection (e)(2): Provided further, That the Department shall -notify grantees of their formula allocation within 60 days of enactment -of this Act. - - community development loan guarantees program account - - Subject to section 502 of the Congressional Budget Act of 1974, -during fiscal year 2020, commitments to guarantee loans under section -108 of the Housing and Community Development Act of 1974 (42 U.S.C. -5308), any part of which is guaranteed, shall not exceed a total -principal amount of $300,000,000, notwithstanding any aggregate -limitation on outstanding obligations guaranteed in subsection (k) of -such section 108: Provided, That the Secretary shall collect fees from -borrowers, notwithstanding subsection (m) of such section 108, to -result in a credit subsidy cost of zero for guaranteeing such loans, -and any such fees shall be collected in accordance with section 502(7) -of the Congressional Budget Act of 1974: Provided further, That such -commitment authority funded by fees may be used to guarantee, or make -commitments to guarantee, notes or other obligations issued by any -State on behalf of non-entitlement communities in the State in -accordance with the requirements of such section 108: Provided -further, That any State receiving such a guarantee or commitment under -the previous proviso shall distribute all funds subject to such -guarantee to the units of general local government in nonentitlement -areas that received the commitment. - - home investment partnerships program - - For the HOME Investment Partnerships program, as authorized under -title II of the Cranston-Gonzalez National Affordable Housing Act, as -amended, $1,750,000,000, to remain available until September 30, 2023: -Provided, That notwithstanding the amount made available under this -heading, the threshold reduction requirements in sections 216(10) and -217(b)(4) of such Act (42 U.S.C. 12746(10), 12747(b)(4)) shall not -apply to allocations of such amount: Provided further, That the -Department shall notify grantees of their formula allocation within 60 -days of enactment of this Act: Provided further, That section 218(g) -of such Act (42 U.S.C. 12748(g)) shall not apply with respect to the -right of a jurisdiction to draw funds from its HOME Investment Trust -Fund that otherwise expired or would expire in 2016, 2017, 2018, 2019, -2020, 2021, or 2022 under that section: Provided further, That section -231(b) of such Act (42 U.S.C. 12771(b)) shall not apply to any -uninvested funds that otherwise were deducted or would be deducted from -the line of credit in the participating jurisdiction's HOME Investment -Trust Fund in 2018, 2019, 2020, 2021, or 2022 under that section and -the funds shall be invested only in housing to be developed, sponsored, -or owned by community housing development organizations. - - self-help and assisted homeownership opportunity program - - For the Self-Help and Assisted Homeownership Opportunity Program, -as authorized under section 11 of the Housing Opportunity Program -Extension Act of 1996, as amended, $55,000,000, to remain available -until September 30, 2022: Provided, That of the total amount provided -under this heading, $10,000,000 shall be made available to the Self- -Help Homeownership Opportunity Program as authorized under section 11 -of the Housing Opportunity Program Extension Act of 1996, as amended: -Provided further, That of the total amount provided under this heading, -$40,000,000 shall be made available for the second, third, and fourth -capacity building activities authorized under section 4(a) of the HUD -Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than -$5,000,000 shall be made available for rural capacity building -activities: Provided further, That of the total amount provided under -this heading, $5,000,000 shall be made available for capacity building -by national rural housing organizations with experience assessing -national rural conditions and providing financing, training, technical -assistance, information, and research to local nonprofits, local -governments, and Indian Tribes serving high need rural communities. - - homeless assistance grants - - For the Emergency Solutions Grants program as authorized under -subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, -as amended; the Continuum of Care program as authorized under subtitle -C of title IV of such Act; and the Rural Housing Stability Assistance -program as authorized under subtitle D of title IV of such Act, -$2,800,000,000 (increased by $5,000,000) (reduced by $1,000,000) -(increased by $1,000,000) (increased by $1,000,000), to remain -available until September 30, 2022: Provided, That not less than -$290,000,000 of the funds appropriated under this heading shall be -available for such Emergency Solutions Grants program: Provided -further, That not less than $2,344,000,000 of the funds appropriated -under this heading shall be available for such Continuum of Care and -Rural Housing Stability Assistance programs: Provided further, That of -the amounts made available under this heading, up to $50,000,000 shall -be made available for grants for rapid re-housing projects and -supportive service projects providing coordinated entry, and for -eligible activities the Secretary determines to be critical in order to -assist survivors of domestic violence, sexual assault, dating violence, -and stalking: Provided further, That such projects shall be eligible -for renewal under the continuum of care program subject to the same -terms and conditions as other renewal applicants: Provided further, -That up to $7,000,000 of the funds appropriated under this heading -shall be available for the national homeless data analysis project: -Provided further, That for all match requirements applicable to funds -made available under this heading for this fiscal year and prior fiscal -years, a grantee may use (or could have used) as a source of match -funds other funds administered by the Secretary and other Federal -agencies unless there is (or was) a specific statutory prohibition on -any such use of any such funds: Provided further, That none of the -funds provided under this heading shall be available to provide funding -for new projects, except for projects created through reallocation, -unless the Secretary determines that the continuum of care has -demonstrated that projects are evaluated and ranked based on the degree -to which they improve the continuum of care's system performance: -Provided further, That the Secretary shall prioritize funding under the -Continuum of Care program to continuums of care that have demonstrated -a capacity to reallocate funding from lower performing projects to -higher performing projects: Provided further, That all awards of -assistance under this heading shall be required to coordinate and -integrate homeless programs with other mainstream health, social -services, and employment programs for which homeless populations may be -eligible: Provided further, That any unobligated amounts remaining -from funds appropriated under this heading in fiscal year 2012 and -prior years for project-based rental assistance for rehabilitation -projects with 10-year grant terms may be used for purposes under this -heading, notwithstanding the purposes for which such funds were -appropriated: Provided further, That all balances for Shelter Plus -Care renewals previously funded from the Shelter Plus Care Renewal -account and transferred to this account shall be available, if -recaptured, for Continuum of Care renewals in fiscal year 2020: -Provided further, That the Department shall notify grantees of their -formula allocation from amounts allocated (which may represent initial -or final amounts allocated) for the Emergency Solutions Grant program -within 60 days of enactment of this Act: Provided further, That up to -$100,000,000 (increased by $5,000,000) of the funds appropriated under -this heading shall be to implement projects to demonstrate how a -comprehensive approach to serving homeless youth, age 24 and under, in -up to 25 communities can dramatically reduce youth homelessness: -Provided further, That of the amount made available under the previous -proviso, up to $10,000,000 (increased by $5,000,000) shall be available -to provide technical assistance on improving system responses to youth -homelessness, and collection, analysis, use, and reporting of data and -performance measures under the comprehensive approaches to serve -homeless youth, in addition to and in coordination with other technical -assistance funds provided under this title: Provided further, That the -Secretary may use up to 10 percent of the amount made available under -the previous proviso to build the capacity of current technical -assistance providers or to train new technical assistance providers -with verifiable prior experience with systems and programs for youth -experiencing homelessness: Provided further, That such projects shall -be eligible for renewal under the continuum of care program subject to -the same terms and conditions as other renewal applicants: Provided -further, That youth aged 24 and under seeking assistance under this -heading shall not be required to provide third party documentation to -establish their eligibility under 42 U.S.C. 11302(a) or (b) to receive -services: Provided further, That unaccompanied youth aged 24 and under -or families headed by youth aged 24 and under who are living in unsafe -situations may be served by youth-serving providers funded under this -heading: Provided further, That the Secretary shall consider and award -projects based solely on the selection criteria from the fiscal year -2018 Notice of Funding Availability. - - Housing Programs - - project-based rental assistance - - For activities and assistance for the provision of project-based -subsidy contracts under the United States Housing Act of 1937 (42 -U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, -$12,190,000,000, to remain available until expended, shall be available -on October 1, 2019 (in addition to the $400,000,000 previously -appropriated under this heading that became available October 1, 2019), -and $400,000,000, to remain available until expended, shall be -available on October 1, 2020: Provided, That the amounts made -available under this heading shall be available for expiring or -terminating section 8 project-based subsidy contracts (including -section 8 moderate rehabilitation contracts), for amendments to section -8 project-based subsidy contracts (including section 8 moderate -rehabilitation contracts), for contracts entered into pursuant to -section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. -11401), for renewal of section 8 contracts for units in projects that -are subject to approved plans of action under the Emergency Low Income -Housing Preservation Act of 1987 or the Low-Income Housing Preservation -and Resident Homeownership Act of 1990, and for administrative and -other expenses associated with project-based activities and assistance -funded under this paragraph: Provided further, That of the total -amounts provided under this heading, not to exceed $345,000,000 shall -be available for performance-based contract administrators for section -8 project-based assistance, for carrying out 42 U.S.C. 1437(f): -Provided further, That the Secretary may also use such amounts in the -previous proviso for performance-based contract administrators for the -administration of: interest reduction payments pursuant to section -236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent -supplement payments pursuant to section 101 of the Housing and Urban -Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental -assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental -assistance contracts for the elderly under section 202(c)(2) of the -Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance -contracts for supportive housing for persons with disabilities under -section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing -Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to -section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. -667); and loans under section 202 of the Housing Act of 1959 (Public -Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured -under this heading, the heading ``Annual Contributions for Assisted -Housing'', or the heading ``Housing Certificate Fund'', may be used for -renewals of or amendments to section 8 project-based contracts or for -performance-based contract administrators, notwithstanding the purposes -for which such amounts were appropriated: Provided further, That, -notwithstanding any other provision of law, upon the request of the -Secretary, project funds that are held in residual receipts accounts -for any project subject to a section 8 project-based Housing Assistance -Payments contract that authorizes HUD or a Housing Finance Agency to -require that surplus project funds be deposited in an interest-bearing -residual receipts account and that are in excess of an amount to be -determined by the Secretary, shall be remitted to the Department and -deposited in this account, to be available until expended: Provided -further, That amounts deposited pursuant to the previous proviso shall -be available in addition to the amount otherwise provided by this -heading for uses authorized under this heading. - - housing for the elderly - - For capital advances, including amendments to capital advance -contracts, for housing for the elderly, as authorized by section 202 of -the Housing Act of 1959, as amended, for project rental assistance for -the elderly under section 202(c)(2) of such Act, including amendments -to contracts for such assistance and renewal of expiring contracts for -such assistance for up to a 1-year term, for senior preservation rental -assistance contracts, including renewals, as authorized by section -811(e) of the American Housing and Economic Opportunity Act of 2000, as -amended, and for supportive services associated with the housing, -$803,000,000 (increased by $1,000,000), to remain available until -September 30, 2023: Provided, That of the amount provided under this -heading, up to $95,000,000 shall be for service coordinators and the -continuation of existing congregate service grants for residents of -assisted housing projects: Provided further, That amounts under this -heading shall be available for Real Estate Assessment Center -inspections and inspection-related activities associated with section -202 projects: Provided further, That the Secretary may waive the -provisions of section 202 governing the terms and conditions of project -rental assistance, except that the initial contract term for such -assistance shall not exceed 5 years in duration: Provided further, -That upon request of the Secretary, project funds that are held in -residual receipts accounts for any project subject to a section 202 -project rental assistance contract and, upon termination of such -contract, are in excess of an amount to be determined by the Secretary -shall be remitted to the Department and deposited in this account, to -remain available until September 30, 2023: Provided further, That -amounts deposited in this account pursuant to the previous proviso -shall be available, in addition to the amounts otherwise provided by -this heading, for amendments and renewals: Provided further, That -unobligated balances, including recaptures and carryover, remaining -from funds transferred to or appropriated under this heading shall be -available for amendments and renewals in addition to the purposes for -which such funds originally were appropriated: Provided further, That -of the total amount provided under this heading, $10,000,000, shall be -for a program to be established by the Secretary to make grants to -experienced non-profit organizations, States, local governments, or -public housing agencies for safety and functional home modification -repairs to meet the needs of low-income elderly persons to enable them -to remain in their primary residence: Provided further, That of the -total amount made available under the previous proviso, no less than -$5,000,000 shall be available to meet such needs in communities with -substantial rural populations. - - housing for persons with disabilities - - For capital advances, including amendments to capital advance -contracts, for supportive housing for persons with disabilities, as -authorized by section 811 of the Cranston-Gonzalez National Affordable -Housing Act (42 U.S.C. 8013), as amended, for project rental assistance -for supportive housing for persons with disabilities under section -811(d)(2) of such Act, for project assistance contracts pursuant to -section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. -667), including amendments to contracts for such assistance and renewal -of expiring contracts for such assistance for up to a 1-year term, for -project rental assistance to State housing finance agencies and other -appropriate entities as authorized under section 811(b)(3) of the -Cranston-Gonzalez National Housing Act, and for supportive services -associated with the housing for persons with disabilities as authorized -by section 811(b)(1) of such Act, $258,510,000, to remain available -until September 30, 2023: Provided, That amounts made available under -this heading shall be available for Real Estate Assessment Center -inspections and inspection-related activities associated with section -811 projects: Provided further, That, upon the request of the -Secretary, project funds that are held in residual receipts accounts -for any project subject to a section 811 project rental assistance -contract and, upon termination of such contract, are in excess of an -amount to be determined by the Secretary shall be remitted to the -Department and deposited in this account, to remain available until -September 30, 2023: Provided further, That amounts deposited in this -account pursuant to the previous proviso shall be available in addition -to the amounts otherwise provided by this heading for amendments and -renewals: Provided further, That unobligated balances, including -recaptures and carryover, remaining from funds transferred to or -appropriated under this heading shall be used for amendments and -renewals in addition to the purposes for which such funds originally -were appropriated. - - housing counseling assistance - - For contracts, grants, and other assistance excluding loans, as -authorized under section 106 of the Housing and Urban Development Act -of 1968, as amended, $60,000,000, to remain available until September -30, 2021, including up to $4,500,000 for administrative contract -services: Provided, That grants made available from amounts provided -under this heading shall be awarded within 180 days of enactment of -this Act: Provided further, That funds shall be used for providing -counseling and advice to tenants and homeowners, both current and -prospective, with respect to property maintenance, financial management -or literacy, and such other matters as may be appropriate to assist -them in improving their housing conditions, meeting their financial -needs, and fulfilling the responsibilities of tenancy or homeownership; -for program administration; and for housing counselor training: -Provided further, That for purposes of providing such grants from -amounts provided under this heading, the Secretary may enter into -multiyear agreements, as appropriate, subject to the availability of -annual appropriations. - - rental housing assistance - - For amendments to contracts under section 101 of the Housing and -Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) -of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, -noninsured rental housing projects, $3,000,000, to remain available -until expended: Provided, That such amount, together with unobligated -balances from recaptured amounts appropriated prior to fiscal year 2006 -from terminated contracts under such sections of law, and any -unobligated balances, including recaptures and carryover, remaining -from funds appropriated under this heading after fiscal year 2005, -shall also be available for extensions of up to one year for expiring -contracts under such sections of law. - - payment to manufactured housing fees trust fund - - For necessary expenses as authorized by the National Manufactured -Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 -et seq.), up to $12,400,000 (increased by $500,000), to remain -available until expended, of which $12,400,000 (increased by $500,000) -is to be derived from the Manufactured Housing Fees Trust Fund: -Provided, That not to exceed the total amount appropriated under this -heading shall be available from the general fund of the Treasury to the -extent necessary to incur obligations and make expenditures pending the -receipt of collections to the Fund pursuant to section 620 of such Act: - Provided further, That the amount made available under this heading -from the general fund shall be reduced as such collections are received -during fiscal year 2020 so as to result in a final fiscal year 2020 -appropriation from the general fund estimated at zero, and fees -pursuant to such section 620 shall be modified as necessary to ensure -such a final fiscal year 2020 appropriation: Provided further, That -for the dispute resolution and installation programs, the Secretary of -Housing and Urban Development may assess and collect fees from any -program participant: Provided further, That such collections shall be -deposited into the Fund, and the Secretary, as provided herein, may use -such collections, as well as fees collected under section 620, for -necessary expenses of such Act: Provided further, That, -notwithstanding the requirements of section 620 of such Act, the -Secretary may carry out responsibilities of the Secretary under such -Act through the use of approved service providers that are paid -directly by the recipients of their services. - - Federal Housing Administration - - mutual mortgage insurance program account - - New commitments to guarantee single family loans insured under the -Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to -remain available until September 30, 2021: Provided, That during -fiscal year 2020, obligations to make direct loans to carry out the -purposes of section 204(g) of the National Housing Act, as amended, -shall not exceed $1,000,000: Provided further, That the foregoing -amount in the previous proviso shall be for loans to nonprofit and -governmental entities in connection with sales of single family real -properties owned by the Secretary and formerly insured under the Mutual -Mortgage Insurance Fund: Provided further, That for administrative -contract expenses of the Federal Housing Administration, $130,000,000, -to remain available until September 30, 2021: Provided further, That -to the extent guaranteed loan commitments exceed $200,000,000,000 on or -before April 1, 2020, an additional $1,400 for administrative contract -expenses shall be available for each $1,000,000 in additional -guaranteed loan commitments (including a pro rata amount for any amount -below $1,000,000), but in no case shall funds made available by this -proviso exceed $30,000,000: Provided further, That notwithstanding the -limitation in the first sentence of section 255(g) of the National -Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2020 the -Secretary may insure and enter into new commitments to insure mortgages -under section 255 of the National Housing Act only to the extent that -the net credit subsidy cost for such insurance does not exceed zero: -Provided further, That for fiscal year 2020, the Secretary shall not -take any action against a lender solely on the basis of compare ratios -that have been adversely affected by defaults on mortgages secured by -properties in areas where a major disaster was declared in 2017 or 2018 -pursuant to the Robert T. Stafford Disaster Relief and Emergency -Assistance Act (42 U.S.C. 5121 et seq.). - - general and special risk program account - - New commitments to guarantee loans insured under the General and -Special Risk Insurance Funds, as authorized by sections 238 and 519 of -the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not -exceed $30,000,000,000 in total loan principal, any part of which is to -be guaranteed, to remain available until September 30, 2021: Provided, -That during fiscal year 2020, gross obligations for the principal -amount of direct loans, as authorized by sections 204(g), 207(l), 238, -and 519(a) of the National Housing Act, shall not exceed $1,000,000, -which shall be for loans to nonprofit and governmental entities in -connection with the sale of single family real properties owned by the -Secretary and formerly insured under such Act. - - Government National Mortgage Association - -guarantees of mortgage-backed securities loan guarantee program account - - New commitments to issue guarantees to carry out the purposes of -section 306 of the National Housing Act, as amended (12 U.S.C. -1721(g)), shall not exceed $550,000,000,000, to remain available until -September 30, 2021: Provided, That $27,000,000, to remain available -until September 30, 2021, shall be for necessary salaries and expenses -of the Office of Government National Mortgage Association: Provided -further, That to the extent that guaranteed loan commitments exceed -$155,000,000,000 on or before April 1, 2020, an additional $100 for -necessary salaries and expenses shall be available until expended for -each $1,000,000 in additional guaranteed loan commitments (including a -pro rata amount for any amount below $1,000,000), but in no case shall -funds made available by this proviso exceed $3,000,000: Provided -further, That receipts from Commitment and Multiclass fees collected -pursuant to title III of the National Housing Act, as amended, shall be -credited as offsetting collections to this account. - - Policy Development and Research - - research and technology - - For contracts, grants, and necessary expenses of programs of -research and studies relating to housing and urban problems, as -authorized by title V of the Housing and Urban Development Act of 1970 -(12 U.S.C. 1701z-1 et seq.), including carrying out the functions of -the Secretary of Housing and Urban Development under section 1(a)(1)(i) -of Reorganization Plan No. 2 of 1968, and for technical assistance, -$98,000,000 (increased by $1,500,000) (reduced by $1,500,000), to -remain available until September 30, 2021: Provided, That the amounts -made available under this heading may be used for the types of research -and studies otherwise provided for and authorized elsewhere under this -title: Provided further, That with respect to amounts made available -under this heading, notwithstanding section 203 of this title, the -Secretary may enter into cooperative agreements funded with -philanthropic entities, other Federal agencies, State or local -governments and their agencies, Indian tribes, tribally designated -housing entities, or colleges or universities for research projects: -Provided further, That with respect to the previous proviso, such -partners to the cooperative agreements must contribute at least a 50 -percent match toward the cost of the project: Provided further, That -for non-competitive agreements entered into in accordance with the -previous two provisos, the Secretary of Housing and Urban Development -shall comply with section 2(b) of the Federal Funding Accountability -and Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in -lieu of compliance with section 102(a)(4)(C) with respect to -documentation of award decisions: Provided further, That prior to -obligation of technical assistance funding, the Secretary shall submit -a plan, for approval, to the House and Senate Committees on -Appropriations on how it will allocate funding for this activity: -Provided further, That none of the funds provided under this heading -may be available for the doctoral dissertation research grant program. - - Fair Housing and Equal Opportunity - - fair housing activities - - For contracts, grants, and other assistance, not otherwise provided -for, as authorized by title VIII of the Civil Rights Act of 1968, as -amended by the Fair Housing Amendments Act of 1988, and section 561 of -the Housing and Community Development Act of 1987, as amended, -$75,300,000, to remain available until September 30, 2021: Provided, -That grants made available from amounts provided under this heading -shall be awarded within 120 days of enactment of this Act: Provided -further, That notwithstanding 31 U.S.C. 3302, the Secretary may assess -and collect fees to cover the costs of the Fair Housing Training -Academy, and may use such funds to develop on-line courses and provide -such training: Provided further, That of the funds made available -under this heading, up to $450,000 shall be available to the Secretary -of Housing and Urban Development for the creation and promotion of -translated materials and other programs that support the assistance of -persons with limited English proficiency in utilizing the services -provided by the Department of Housing and Urban Development. - - Office of Lead Hazard Control and Healthy Homes - - lead hazard reduction - - For the Lead Hazard Reduction Program, as authorized by section -1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, -$290,000,000, to remain available until September 30, 2022, of which -$56,000,000 shall be for the Healthy Homes Initiative, pursuant to -sections 501 and 502 of the Housing and Urban Development Act of 1970, -which shall include research, studies, testing, and demonstration -efforts, including education and outreach concerning lead-based paint -poisoning and other housing-related diseases and hazards: Provided, -That for purposes of environmental review, pursuant to the National -Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other -provisions of law that further the purposes of such Act, a grant under -the Healthy Homes Initiative, or the Lead Technical Studies program -under this heading or under prior appropriations Acts for such purposes -under this heading, shall be considered to be funds for a special -project for purposes of section 305(c) of the Multifamily Housing -Property Disposition Reform Act of 1994: Provided further, That not -less than $95,000,000 of the amounts made available under this heading -for the award of grants pursuant to section 1011 of the Residential -Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to -areas with the highest lead-based paint abatement needs: Provided -further, That of the amount made available for the Healthy Homes -Initiative, $5,000,000 shall be for the implementation of projects in -up to five communities that are served by both the Healthy Homes -Initiative and Department of Energy weatherization programs to -demonstrate whether the coordination of Healthy Homes remediation -activities with weatherization activities achieves cost savings and -better outcomes in improving the safety and quality of homes: Provided -further, That each applicant shall certify adequate capacity that is -acceptable to the Secretary to carry out the proposed use of funds -pursuant to a notice of funding availability: Provided further, That -amounts made available under this heading in this or prior -appropriations Acts, still remaining available, may be used for any -purpose under this heading notwithstanding the purpose for which such -amounts were appropriated if a program competition is undersubscribed -and there are other program competitions under this heading that are -oversubscribed. - - Cybersecurity and Information Technology Fund - - For the mitigation against the exploitation of information -technology systems and personally identifiable information; for the -development, modernization, and enhancement of, modifications to, and -infrastructure for Department-wide and program-specific information -technology systems, and for the continuing operation and maintenance of -both Department-wide and program-specific information systems, and for -program-related maintenance activities, $300,000,000 (reduced by -$5,000,000), to remain available until September 30, 2021, of which -$20,000,000 may be used for single family information technology -systems of the Federal Housing Administration: Provided, That any -amounts transferred to this Fund under this Act shall remain available -until expended: Provided further, That any amounts transferred to this -Fund from amounts appropriated by previously enacted appropriations -Acts may be used for the purposes specified under this Fund, in -addition to any other information technology purposes for which such -amounts were appropriated: Provided further, That not more than 10 -percent of the funds made available under this heading for development, -modernization and enhancement may be obligated until the Secretary -submits to the House and Senate Committees on Appropriations, for -approval, a plan for expenditure that: (A) identifies for each -modernization project: (i) the functional and performance capabilities -to be delivered and the mission benefits to be realized; (ii) the -estimated life-cycle cost; and (iii) key milestones to be met; and (B) -demonstrates that each modernization project is: (i) compliant with the -Department's enterprise architecture; (ii) being managed in accordance -with applicable life-cycle management policies and guidance; (iii) -subject to the Department's capital planning and investment control -requirements; and (iv) supported by an adequately staffed project -office. - - Office of Inspector General - - For necessary salaries and expenses of the Office of Inspector -General in carrying out the Inspector General Act of 1978, as amended, -$132,489,000 (reduced by $2,000,000) (increased by $2,000,000): -Provided, That the Inspector General shall have independent authority -over all personnel issues within this office. - - General Provisions--Department of Housing and Urban Development - - (including transfer of funds) - - (including rescissions) - - Sec. 201. Fifty percent of the amounts of budget authority, or in -lieu thereof 50 percent of the cash amounts associated with such budget -authority, that are recaptured from projects described in section -1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act -of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of -cash, shall be remitted to the Treasury, and such amounts of budget -authority or cash recaptured and not rescinded or remitted to the -Treasury shall be used by State housing finance agencies or local -governments or local housing agencies with projects approved by the -Secretary of Housing and Urban Development for which settlement -occurred after January 1, 1992, in accordance with such section. -Notwithstanding the previous sentence, the Secretary may award up to 15 -percent of the budget authority or cash recaptured and not rescinded or -remitted to the Treasury to provide project owners with incentives to -refinance their project at a lower interest rate. - Sec. 202. None of the amounts made available under this Act may be -used during fiscal year 2020 to investigate or prosecute under the Fair -Housing Act any otherwise lawful activity engaged in by one or more -persons, including the filing or maintaining of a nonfrivolous legal -action, that is engaged in solely for the purpose of achieving or -preventing action by a Government official or entity, or a court of -competent jurisdiction. - Sec. 203. Except as explicitly provided in law, any grant, -cooperative agreement or other assistance made pursuant to title II of -this Act shall be made on a competitive basis and in accordance with -section 102 of the Department of Housing and Urban Development Reform -Act of 1989 (42 U.S.C. 3545). - Sec. 204. Funds of the Department of Housing and Urban Development -subject to the Government Corporation Control Act or section 402 of the -Housing Act of 1950 shall be available, without regard to the -limitations on administrative expenses, for legal services on a -contract or fee basis, and for utilizing and making payment for -services and facilities of the Federal National Mortgage Association, -Government National Mortgage Association, Federal Home Loan Mortgage -Corporation, Federal Financing Bank, Federal Reserve banks or any -member thereof, Federal Home Loan banks, and any insured bank within -the meaning of the Federal Deposit Insurance Corporation Act, as -amended (12 U.S.C. 1811-1). - Sec. 205. Unless otherwise provided for in this Act or through a -reprogramming of funds, no part of any appropriation for the Department -of Housing and Urban Development shall be available for any program, -project or activity in excess of amounts set forth in the budget -estimates submitted to Congress. - Sec. 206. Corporations and agencies of the Department of Housing -and Urban Development which are subject to the Government Corporation -Control Act are hereby authorized to make such expenditures, within the -limits of funds and borrowing authority available to each such -corporation or agency and in accordance with law, and to make such -contracts and commitments without regard to fiscal year limitations as -provided by section 104 of such Act as may be necessary in carrying out -the programs set forth in the budget for 2020 for such corporation or -agency except as hereinafter provided: Provided, That collections of -these corporations and agencies may be used for new loan or mortgage -purchase commitments only to the extent expressly provided for in this -Act (unless such loans are in support of other forms of assistance -provided for in this or prior appropriations Acts), except that this -proviso shall not apply to the mortgage insurance or guaranty -operations of these corporations, or where loans or mortgage purchases -are necessary to protect the financial interest of the United States -Government. - Sec. 207. The Secretary of Housing and Urban Development shall -provide quarterly reports to the House and Senate Committees on -Appropriations regarding all uncommitted, unobligated, recaptured and -excess funds in each program and activity within the jurisdiction of -the Department and shall submit additional, updated budget information -to these Committees upon request. - Sec. 208. The President's formal budget request for fiscal year -2021, as well as the Department of Housing and Urban Development's -congressional budget justifications to be submitted to the Committees -on Appropriations of the House of Representatives and the Senate, shall -use the identical account and sub-account structure provided under this -Act. - Sec. 209. No funds provided under this title may be used for an -audit of the Government National Mortgage Association that makes -applicable requirements under the Federal Credit Reform Act of 1990 (2 -U.S.C. 661 et seq.). - Sec. 210. (a) Notwithstanding any other provision of law, subject -to the conditions listed under this section, for fiscal years 2020 and -2021, the Secretary of Housing and Urban Development may authorize the -transfer of some or all project-based assistance, debt held or insured -by the Secretary and statutorily required low-income and very low- -income use restrictions if any, associated with one or more multifamily -housing project or projects to another multifamily housing project or -projects. - (b) Phased Transfers.--Transfers of project-based assistance under -this section may be done in phases to accommodate the financing and -other requirements related to rehabilitating or constructing the -project or projects to which the assistance is transferred, to ensure -that such project or projects meet the standards under subsection (c). - (c) The transfer authorized in subsection (a) is subject to the -following conditions: - (1) Number and bedroom size of units.-- - (A) For occupied units in the transferring project: - The number of low-income and very low-income units and - the configuration (i.e., bedroom size) provided by the - transferring project shall be no less than when - transferred to the receiving project or projects and - the net dollar amount of Federal assistance provided to - the transferring project shall remain the same in the - receiving project or projects. - (B) For unoccupied units in the transferring - project: The Secretary may authorize a reduction in the - number of dwelling units in the receiving project or - projects to allow for a reconfiguration of bedroom - sizes to meet current market demands, as determined by - the Secretary and provided there is no increase in the - project-based assistance budget authority. - (2) The transferring project shall, as determined by the - Secretary, be either physically obsolete or economically - nonviable. - (3) The receiving project or projects shall meet or exceed - applicable physical standards established by the Secretary. - (4) The owner or mortgagor of the transferring project - shall notify and consult with the tenants residing in the - transferring project and provide a certification of approval by - all appropriate local governmental officials. - (5) The tenants of the transferring project who remain - eligible for assistance to be provided by the receiving project - or projects shall not be required to vacate their units in the - transferring project or projects until new units in the - receiving project are available for occupancy. - (6) The Secretary determines that this transfer is in the - best interest of the tenants. - (7) If either the transferring project or the receiving - project or projects meets the condition specified in subsection - (d)(2)(A), any lien on the receiving project resulting from - additional financing obtained by the owner shall be subordinate - to any FHA-insured mortgage lien transferred to, or placed on, - such project by the Secretary, except that the Secretary may - waive this requirement upon determination that such a waiver is - necessary to facilitate the financing of acquisition, - construction, and/or rehabilitation of the receiving project or - projects. - (8) If the transferring project meets the requirements of - subsection (d)(2), the owner or mortgagor of the receiving - project or projects shall execute and record either a - continuation of the existing use agreement or a new use - agreement for the project where, in either case, any use - restrictions in such agreement are of no lesser duration than - the existing use restrictions. - (9) The transfer does not increase the cost (as defined in - section 502 of the Congressional Budget Act of 1974, as - amended) of any FHA-insured mortgage, except to the extent that - appropriations are provided in advance for the amount of any - such increased cost. - (d) For purposes of this section-- - (1) the terms ``low-income'' and ``very low-income'' shall - have the meanings provided by the statute and/or regulations - governing the program under which the project is insured or - assisted; - (2) the term ``multifamily housing project'' means housing - that meets one of the following conditions-- - (A) housing that is subject to a mortgage insured - under the National Housing Act; - (B) housing that has project-based assistance - attached to the structure including projects undergoing - mark to market debt restructuring under the Multifamily - Assisted Housing Reform and Affordability Housing Act; - (C) housing that is assisted under section 202 of - the Housing Act of 1959, as amended by section 801 of - the Cranston-Gonzales National Affordable Housing Act; - (D) housing that is assisted under section 202 of - the Housing Act of 1959, as such section existed before - the enactment of the Cranston-Gonzales National - Affordable Housing Act; - (E) housing that is assisted under section 811 of - the Cranston-Gonzales National Affordable Housing Act; - or - (F) housing or vacant land that is subject to a use - agreement; - (3) the term ``project-based assistance'' means-- - (A) assistance provided under section 8(b) of the - United States Housing Act of 1937; - (B) assistance for housing constructed or - substantially rehabilitated pursuant to assistance - provided under section 8(b)(2) of such Act (as such - section existed immediately before October 1, 1983); - (C) rent supplement payments under section 101 of - the Housing and Urban Development Act of 1965; - (D) interest reduction payments under section 236 - and/or additional assistance payments under section - 236(f)(2) of the National Housing Act; - (E) assistance payments made under section - 202(c)(2) of the Housing Act of 1959; and - (F) assistance payments made under section - 811(d)(2) of the Cranston-Gonzalez National Affordable - Housing Act; - (4) the term ``receiving project or projects'' means the - multifamily housing project or projects to which some or all of - the project-based assistance, debt, and statutorily required - low-income and very low-income use restrictions are to be - transferred; - (5) the term ``transferring project'' means the multifamily - housing project which is transferring some or all of the - project-based assistance, debt, and the statutorily required - low-income and very low-income use restrictions to the - receiving project or projects; and - (6) the term ``Secretary'' means the Secretary of Housing - and Urban Development. - (e) Research Report.--The Secretary shall conduct an evaluation of -the transfer authority under this section, including the effect of such -transfers on the operational efficiency, contract rents, physical and -financial conditions, and long-term preservation of the affected -properties. - Sec. 211. (a) No assistance shall be provided under section 8 of -the United States Housing Act of 1937 (42 U.S.C. 1437f) to any -individual who-- - (1) is enrolled as a student at an institution of higher - education (as defined under section 102 of the Higher Education - Act of 1965 (20 U.S.C. 1002)); - (2) is under 24 years of age; - (3) is not a veteran; - (4) is unmarried; - (5) does not have a dependent child; - (6) is not a person with disabilities, as such term is - defined in section 3(b)(3)(E) of the United States Housing Act - of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving - assistance under such section 8 as of November 30, 2005; - (7) is not a youth who left foster care at age 14 or older - and is at risk of becoming homeless; and - (8) is not otherwise individually eligible, or has parents - who, individually or jointly, are not eligible, to receive - assistance under section 8 of the United States Housing Act of - 1937 (42 U.S.C. 1437f). - (b) For purposes of determining the eligibility of a person to -receive assistance under section 8 of the United States Housing Act of -1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts -received for tuition and any other required fees and charges) that an -individual receives under the Higher Education Act of 1965 (20 U.S.C. -1001 et seq.), from private sources, or an institution of higher -education (as defined under the Higher Education Act of 1965 (20 U.S.C. -1002)), shall be considered income to that individual, except for a -person over the age of 23 with dependent children. - Sec. 212. The funds made available for Native Alaskans under the -heading ``Native American Housing Block Grants'' in title II of this -Act shall be allocated to the same Native Alaskan housing block grant -recipients that received funds in fiscal year 2005. - Sec. 213. Notwithstanding any other provision of law, in fiscal -year 2020, in managing and disposing of any multifamily property that -is owned or has a mortgage held by the Secretary of Housing and Urban -Development, and during the process of foreclosure on any property with -a contract for rental assistance payments under section 8 of the United -States Housing Act of 1937 or other Federal programs, the Secretary -shall maintain any rental assistance payments under section 8 of the -United States Housing Act of 1937 and other programs that are attached -to any dwelling units in the property. To the extent the Secretary -determines, in consultation with the tenants and the local government, -that such a multifamily property owned or held by the Secretary is not -feasible for continued rental assistance payments under such section 8 -or other programs, based on consideration of: (1) the costs of -rehabilitating and operating the property and all available Federal, -State, and local resources, including rent adjustments under section -524 of the Multifamily Assisted Housing Reform and Affordability Act of -1997 (``MAHRAA''); and (2) environmental conditions that cannot be -remedied in a cost-effective fashion, the Secretary may, in -consultation with the tenants of that property, contract for project- -based rental assistance payments with an owner or owners of other -existing housing properties, or provide other rental assistance. The -Secretary shall also take appropriate steps to ensure that project- -based contracts remain in effect prior to foreclosure, subject to the -exercise of contractual abatement remedies to assist relocation of -tenants for imminent major threats to health and safety after written -notice to and informed consent of the affected tenants and use of other -available remedies, such as partial abatements or receivership. After -disposition of any multifamily property described under this section, -the contract and allowable rent levels on such properties shall be -subject to the requirements under section 524 of MAHRAA. - Sec. 214. Public housing agencies that own and operate 400 or -fewer public housing units may elect to be exempt from any asset -management requirement imposed by the Secretary of Housing and Urban -Development in connection with the operating fund rule: Provided, That -an agency seeking a discontinuance of a reduction of subsidy under the -operating fund formula shall not be exempt from asset management -requirements. - Sec. 215. With respect to the use of amounts provided in this Act -and in future Acts for the operation, capital improvement and -management of public housing as authorized by sections 9(d) and 9(e) of -the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the -Secretary shall not impose any requirement or guideline relating to -asset management that restricts or limits in any way the use of capital -funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) -of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): -Provided, That a public housing agency may not use capital funds -authorized under section 9(d) for activities that are eligible under -section 9(e) for assistance with amounts from the operating fund in -excess of the amounts permitted under section 9(g)(1) or 9(g)(2). - Sec. 216. No official or employee of the Department of Housing and -Urban Development shall be designated as an allotment holder unless the -Office of the Chief Financial Officer has determined that such -allotment holder has implemented an adequate system of funds control -and has received training in funds control procedures and directives. -The Chief Financial Officer shall ensure that there is a trained -allotment holder for each HUD appropriation under the accounts -``Executive Offices'' and ``Administrative Support Offices'', as well -as each paragraph receiving appropriations under the heading ``Program -Office Salaries and Expenses'', ``Government National Mortgage -Association--Guarantees of Mortgage-Backed Securities Loan Guarantee -Program Account'', and ``Office of Inspector General'' within the -Department of Housing and Urban Development. - Sec. 217. The Secretary of the Department of Housing and Urban -Development shall, for fiscal year 2020, notify the public through the -Federal Register and other means, as determined appropriate, of the -issuance of a notice of the availability of assistance or notice of -funding availability (NOFA) for any program or discretionary fund -administered by the Secretary that is to be competitively awarded. -Notwithstanding any other provision of law, for fiscal year 2020, the -Secretary may make the NOFA available only on the Internet at the -appropriate Government web site or through other electronic media, as -determined by the Secretary. - Sec. 218. Payment of attorney fees in program-related litigation -shall be paid from the individual program office and Office of General -Counsel salaries and expenses appropriations. The annual budget -submission for the program offices and the Office of General Counsel -shall include any such projected litigation costs for attorney fees as -a separate line item request. No funds provided in this title may be -used to pay any such litigation costs for attorney fees until the -Department submits for review a spending plan for such costs to the -House and Senate Committees on Appropriations. - Sec. 219. The Secretary is authorized to transfer up to 10 percent -or $5,000,000, whichever is less, of funds appropriated for any office -under the heading ``Administrative Support Offices'' or for any -paragraph under the heading ``Program Office Salaries and Expenses'' to -any other such office or account: Provided, That no appropriation for -any such office or account shall be increased or decreased by more than -10 percent or $5,000,000, whichever is less, without prior written -approval of the House and Senate Committees on Appropriations: -Provided further, That the Secretary shall provide notification to such -Committees three business days in advance of any such transfers under -this section up to 10 percent or $5,000,000, whichever is less. - Sec. 220. (a) Any entity receiving housing assistance payments -shall maintain decent, safe, and sanitary conditions, as determined by -the Secretary of Housing and Urban Development (in this section -referred to as the ``Secretary''), and comply with any standards under -applicable State or local laws, rules, ordinances, or regulations -relating to the physical condition of any property covered under a -housing assistance payment contract. - (b) The Secretary shall take action under subsection (c) when a -multifamily housing project with a section 8 contract or contract for -similar project-based assistance-- - (1) receives a Uniform Physical Condition Standards (UPCS) - score of 60 or less; or - (2) fails to certify in writing to the Secretary within 3 - days that all Exigent Health and Safety deficiencies identified - by the inspector at the project have been corrected. -Such requirements shall apply to insured and noninsured projects with -assistance attached to the units under section 8 of the United States -Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units -assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public -housing units assisted with capital or operating funds under section 9 -of the United States Housing Act of 1937 (42 U.S.C. 1437g). - (c)(1) Within 15 days of the issuance of the REAC inspection, the -Secretary must provide the owner with a Notice of Default with a -specified timetable, determined by the Secretary, for correcting all -deficiencies. The Secretary must also provide a copy of the Notice of -Default to the tenants, the local government, any mortgagees, and any -contract administrator. If the owner's appeal results in a UPCS score -of 60 or above, the Secretary may withdraw the Notice of Default. - (2) At the end of the time period for correcting all deficiencies -specified in the Notice of Default, if the owner fails to fully correct -such deficiencies, the Secretary may-- - (A) require immediate replacement of project management - with a management agent approved by the Secretary; - (B) impose civil money penalties, which shall be used - solely for the purpose of supporting safe and sanitary - conditions at applicable properties, as designated by the - Secretary, with priority given to the tenants of the property - affected by the penalty; - (C) abate the section 8 contract, including partial - abatement, as determined by the Secretary, until all - deficiencies have been corrected; - (D) pursue transfer of the project to an owner, approved by - the Secretary under established procedures, which will be - obligated to promptly make all required repairs and to accept - renewal of the assistance contract as long as such renewal is - offered; - (E) transfer the existing section 8 contract to another - project or projects and owner or owners; - (F) pursue exclusionary sanctions, including suspensions or - debarments from Federal programs; - (G) seek judicial appointment of a receiver to manage the - property and cure all project deficiencies or seek a judicial - order of specific performance requiring the owner to cure all - project deficiencies; - (H) work with the owner, lender, or other related party to - stabilize the property in an attempt to preserve the property - through compliance, transfer of ownership, or an infusion of - capital provided by a third-party that requires time to - effectuate; or - (I) take any other regulatory or contractual remedies - available as deemed necessary and appropriate by the Secretary. - (d) The Secretary shall also take appropriate steps to ensure that -project-based contracts remain in effect, subject to the exercise of -contractual abatement remedies to assist relocation of tenants for -major threats to health and safety after written notice to the affected -tenants. To the extent the Secretary determines, in consultation with -the tenants and the local government, that the property is not feasible -for continued rental assistance payments under such section 8 or other -programs, based on consideration of-- - (1) the costs of rehabilitating and operating the property - and all available Federal, State, and local resources, - including rent adjustments under section 524 of the Multifamily - Assisted Housing Reform and Affordability Act of 1997 - (``MAHRAA''); and - (2) environmental conditions that cannot be remedied in a - cost-effective fashion, the Secretary may contract for project- - based rental assistance payments with an owner or owners of - other existing housing properties, or provide other rental - assistance. - (e) The Secretary shall report quarterly on all properties covered -by this section that are assessed through the Real Estate Assessment -Center and have UPCS physical inspection scores of less than 60 or have -received an unsatisfactory management and occupancy review within the -past 36 months. The report shall include-- - (1) the enforcement actions being taken to address such - conditions, including imposition of civil money penalties and - termination of subsidies, and identify properties that have - such conditions multiple times; - (2) actions that the Department of Housing and Urban - Development is taking to protect tenants of such identified - properties; and - (3) any administrative or legislative recommendations to - further improve the living conditions at properties covered - under a housing assistance payment contract. -This report shall be due to the Senate and House Committees on -Appropriations no later than 30 days after the enactment of this Act, -and on the first business day of each Federal fiscal year quarter -thereafter while this section remains in effect. - Sec. 221. None of the funds made available by this Act, or any -other Act, for purposes authorized under section 8 (only with respect -to the tenant-based rental assistance program) and section 9 of the -United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used -by any public housing agency for any amount of salary, including -bonuses, for the chief executive officer of which, or any other -official or employee of which, that exceeds the annual rate of basic -pay payable for a position at level IV of the Executive Schedule at any -time during any public housing agency fiscal year 2020. - Sec. 222. None of the funds in this Act provided to the Department -of Housing and Urban Development may be used to make a grant award -unless the Secretary notifies the House and Senate Committees on -Appropriations not less than 3 full business days before any project, -State, locality, housing authority, tribe, nonprofit organization, or -other entity selected to receive a grant award is announced by the -Department or its offices. - Sec. 223. None of the funds made available by this Act may be used -to require or enforce the Physical Needs Assessment (PNA). - Sec. 224. None of the funds made available in this Act shall be -used by the Federal Housing Administration, the Government National -Mortgage Administration, or the Department of Housing and Urban -Development to insure, securitize, or establish a Federal guarantee of -any mortgage or mortgage backed security that refinances or otherwise -replaces a mortgage that has been subject to eminent domain -condemnation or seizure, by a State, municipality, or any other -political subdivision of a State. - Sec. 225. None of the funds made available by this Act may be used -to terminate the status of a unit of general local government as a -metropolitan city (as defined in section 102 of the Housing and -Community Development Act of 1974 (42 U.S.C. 5302)) with respect to -grants under section 106 of such Act (42 U.S.C. 5306). - Sec. 226. Amounts made available under this Act which are either -appropriated, allocated, advanced on a reimbursable basis, or -transferred to the Office of Policy Development and Research in the -Department of Housing and Urban Development and functions thereof, for -research, evaluation, or statistical purposes, and which are unexpended -at the time of completion of a contract, grant, or cooperative -agreement, may be deobligated and shall immediately become available -and may be reobligated in that fiscal year or the subsequent fiscal -year for the research, evaluation, or statistical purposes for which -the amounts are made available to that Office subject to reprogramming -requirements in section 405 of this Act. - Sec. 227. Funds made available in this title under the heading -``Homeless Assistance Grants'' may be used by the Secretary to -participate in Performance Partnership Pilots authorized under section -526 of division H of Public Law 113-76, section 524 of division G of -Public Law 113-235, section 525 of division H of Public Law 114-113, -and such authorities as are enacted for Performance Partnership Pilots -in an appropriations Act for fiscal year 2019: Provided, That such -participation shall be limited to no more than 10 continuums of care -and housing activities to improve outcomes for disconnected youth. - Sec. 228. With respect to grant amounts awarded under the heading -``Homeless Assistance Grants'' for fiscal years 2015 and subsequent -fiscal years for the continuum of care (CoC) program as authorized -under subtitle C of title IV of the McKinney-Vento Homeless Assistance -Act, costs paid by program income of grant recipients may count toward -meeting the recipient's matching requirements, provided the costs are -eligible CoC costs that supplement the recipient's CoC program. - Sec. 229. (a) From amounts made available under this title under -the heading ``Homeless Assistance Grants'', the Secretary may award 1- -year transition grants to recipients of funds for activities under -subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C. -11381 et seq.) to transition from one Continuum of Care program -component to another. - (b) No more than 50 percent of each transition grant may be used -for costs of eligible activities of the program component originally -funded. - (c) Transition grants made under this section are eligible for -renewal in subsequent fiscal years for the eligible activities of the -new program component. - (d) In order to be eligible to receive a transition grant, the -funding recipient must have the consent of the Continuum of Care and -meet standards determined by the Secretary. - Sec. 230. None of the funds made available by this Act may be used -by the Department of Housing and Urban Development to direct a grantee -to undertake specific changes to existing zoning laws as part of -carrying out the final rule entitled ``Affirmatively Furthering Fair -Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled -``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. -57949 (September 26, 2014)). - Sec. 231. (a) Establishment of Fund.--There is hereby established -in the Treasury of the United States a fund to be known as HUD HAG Fund -(in this section referred to as the ``Fund''). - (b) Credits to Fund.-- - (1) Future transfers.--Unobligated balances of recaptured - funds (except for amounts necessary for grant amount - corrections) appropriated by any Act in this or any subsequent - fiscal year under the account for ``Department of Housing and - Urban Development--Community Planning and Development--Homeless - Assistance Grants'' (in this section referred to as the ``HAG - account'') shall be transferred into the Fund. - (2) Rescission and availability of fiscal year 2018 - amounts.--Of any amounts appropriated under the HAG account by - the Transportation, Housing and Urban Development, and Related - Agencies Appropriations Act, 2018 (division L of Public Law - 115-141), 90 percent of any balances remaining unobligated as - of September 1, 2020, are hereby rescinded, and an amount of - additional new budget authority equivalent to the amount - rescinded is hereby appropriated and shall be transferred to - the Fund. - (c) Purposes.--Amounts transferred to the Fund shall be available -until expended, and in addition to such other funds as may be available -for such purposes, only for the following purposes: - (1) For grants under the Continuum of Care program under - subtitle C of title IV of the McKinney-Vento Homeless - Assistance Act (42 U.S.C. 11381 et seq.). - (2) For grants under the Emergency Solutions Grant program - under subtitle B of title IV of such Act (42 U.S.C. 11371 et - seq.). - (3) Not less than 10 percent of amounts transferred to the - Fund shall be used only for grants, as established and - determined by the Secretary, in rural areas. - (4) Not less than 10 percent of amounts transferred to the - Fund shall be used for grants, as established and determined by - the Secretary, only pursuant to the declaration of a major - disaster under the Robert T. Stafford Disaster Relief and - Emergency Assistance Act (42 U.S.C. 5121 et seq.) in the most - impacted and distressed areas resulting from such disaster. - (d) Transfer for Use.-- - (1) Amounts in the Fund shall be transferred to the HAG - account before obligation and expenditure. - (2) Amounts in the Fund may be transferred to the HAG - account only after the expiration of the 15-day period - beginning upon the day that the Secretary of Housing and Urban - Development submits written notice to the Committees on - Appropriations of the House of Representatives and the Senate - of the planned use of such transferred amounts, except that - amounts transferred for the purposes specified in subsection - (c)(4) may be transferred with concurrent written notice to - such Committees. - Sec. 232. The Promise Zone designations and Promise Zone -Designation Agreements entered into pursuant to such designations, made -by the Secretary of Housing and Urban Development in prior fiscal -years, shall remain in effect in accordance with the terms and -conditions of such agreements. - Sec. 233. None of the funds made available by this Act may be used -to establish and apply review criteria, including rating factors or -preference points, for participation in or coordination with EnVision -Centers, in the evaluation, selection, and award of any funds made -available and requiring competitive selection under this Act, except -with respect to any such funds otherwise authorized for EnVision Center -purposes under this Act. - Sec. 234. None of the funds made available to the Department of -Housing and Urban Development by this or any other Act may be used to -implement, administer, enforce, or in any way make effective the -proposed rule entitled ``Housing and Community Development Act of 1980: -Verification of Eligible Status'', issued by the Department of Housing -and Urban Development on May 10, 2019 (Docket No. FR-6124-P-01), or any -final rule based substantially on such proposed rule. - Sec. 235. (a) The Secretary of Housing and Urban Development shall -make available to grantees under programs included under the -Department's Consolidated Planning Process, not later than the -expiration of the 90-day period beginning on the date of the enactment -of this Act, the prepopulated up-to-date housing and economic data and -data for both broadband and resilience assessment requirements, as -referred to in the HUD Response to the third comment under section -III.A. of the Supplementary Information included with the final rule -entitled ``Modernizing HUD's Consolidated Planning Process To Narrow -the Digital Divide and Increase Resilience to Natural Hazards'', -published by the Department of Housing and Urban Development in the -Federal Register on Friday, December 16, 2016 (81 Fed. Reg. 91000). - (b) The Secretary of Housing and Urban Development shall require -such grantees to incorporate the broadband and resilience components -into the Consolidated Plan process not later than the expiration of the -270-day period beginning on the date of the enactment of this Act. - Sec. 236. None of the funds made available to the Department of -Housing and Urban Development by this or any other Act may be used to -implement, administer, enforce, or in any way make effective any rule -making any change to the rule entitled ``Equal Access in Accordance -With an Individual's Gender Identity in Community Planning and -Development Programs'' published by the Department of Housing and Urban -Development in the Federal Register on September 21, 2016 (81 Fed. Reg. -64763) or to the rule entitled ``Equal Access to Housing in HUD -Programs Regardless of Sexual Orientation or Gender Identity'' -published by such Department in the Federal Register on February 3, -2012 (77 Fed. Reg. 5662). - Sec. 237. Notwithstanding any other provision of law, the notice -issued by the Department of Housing and Urban Development on February -20, 2015, and entitled ``Appropriate Placement for Transgender Persons -in Single-Sex Emergency Shelters and Other Facilities'' (Notice CPD-15- -02) shall have the force and effect of law. - Sec. 238. The Secretary of Housing and Urban Development may not, -in this fiscal year or any fiscal year thereafter, implement, require, -enforce, or otherwise make effective any change, amendment, or -alteration to any term or condition of the Annual Contributions -Contract between the Secretary and any public housing agency, as such -contract was in effect as of January 1, 2018, unless such change, -amendment, or alteration is made pursuant to a rule issued after notice -and an opportunity for public comment and in accordance with the -procedure under section 553 of title 5, United States Code, applicable -to substantive rules. - This title may be cited as the ``Department of Housing and Urban -Development Appropriations Act, 2020''. - - TITLE III - - RELATED AGENCIES - - Access Board - - salaries and expenses - - For expenses necessary for the Access Board, as authorized by -section 502 of the Rehabilitation Act of 1973, as amended, $8,400,000 -(increased by $800,000): Provided, That, notwithstanding any other -provision of law, there may be credited to this appropriation funds -received for publications and training expenses. - - Federal Maritime Commission - - salaries and expenses - - For necessary expenses of the Federal Maritime Commission as -authorized by section 201(d) of the Merchant Marine Act, 1936, as -amended (46 U.S.C. 307), including services as authorized by 5 U.S.C. -3109; hire of passenger motor vehicles as authorized by 31 U.S.C. -1343(b); and uniforms or allowances therefore, as authorized by 5 -U.S.C. 5901-5902, $28,000,000: Provided, That not to exceed $2,000 -shall be available for official reception and representation expenses. - - National Railroad Passenger Corporation - - Office of Inspector General - - salaries and expenses - - For necessary expenses of the Office of Inspector General for the -National Railroad Passenger Corporation to carry out the provisions of -the Inspector General Act of 1978, as amended, $23,274,000: Provided, -That the Inspector General shall have all necessary authority, in -carrying out the duties specified in the Inspector General Act, as -amended (5 U.S.C. App. 3), to investigate allegations of fraud, -including false statements to the government (18 U.S.C. 1001), by any -person or entity that is subject to regulation by the National Railroad -Passenger Corporation: Provided further, That the Inspector General -may enter into contracts and other arrangements for audits, studies, -analyses, and other services with public agencies and with private -persons, subject to the applicable laws and regulations that govern the -obtaining of such services within the National Railroad Passenger -Corporation: Provided further, That the Inspector General may select, -appoint, and employ such officers and employees as may be necessary for -carrying out the functions, powers, and duties of the Office of -Inspector General, subject to the applicable laws and regulations that -govern such selections, appointments, and employment within the -Corporation: Provided further, That concurrent with the President's -budget request for fiscal year 2021, the Inspector General shall submit -to the House and Senate Committees on Appropriations a budget request -for fiscal year 2021 in similar format and substance to those submitted -by executive agencies of the Federal Government. - - National Transportation Safety Board - - salaries and expenses - - For necessary expenses of the National Transportation Safety Board, -including hire of passenger motor vehicles and aircraft; services as -authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed -the per diem rate equivalent to the rate for a GS-15; uniforms, or -allowances therefor, as authorized by law (5 U.S.C. 5901-5902), -$110,400,000, of which not to exceed $2,000 may be used for official -reception and representation expenses. The amounts made available to -the National Transportation Safety Board in this Act include amounts -necessary to make lease payments on an obligation incurred in fiscal -year 2001 for a capital lease. - - Neighborhood Reinvestment Corporation - - payment to the neighborhood reinvestment corporation - - For payment to the Neighborhood Reinvestment Corporation for use in -neighborhood reinvestment activities, as authorized by the Neighborhood -Reinvestment Corporation Act (42 U.S.C. 8101-8107), $170,000,000, of -which $5,000,000 shall be for a multi-family rental housing program. - - Surface Transportation Board - - salaries and expenses - - For necessary expenses of the Surface Transportation Board, -including services authorized by 5 U.S.C. 3109, $37,100,000: Provided, -That notwithstanding any other provision of law, not to exceed -$1,250,000 from fees established by the Chairman of the Surface -Transportation Board shall be credited to this appropriation as -offsetting collections and used for necessary and authorized expenses -under this heading: Provided further, That the sum herein appropriated -from the general fund shall be reduced on a dollar-for-dollar basis as -such offsetting collections are received during fiscal year 2020, to -result in a final appropriation from the general fund estimated at no -more than $35,850,000. - - United States Interagency Council on Homelessness - - operating expenses - - For necessary expenses (including payment of salaries, authorized -travel, hire of passenger motor vehicles, the rental of conference -rooms, and the employment of experts and consultants under section 3109 -of title 5, United States Code) of the United States Interagency -Council on Homelessness in carrying out the functions pursuant to title -II of the McKinney-Vento Homeless Assistance Act, as amended, -$4,100,000, to remain available until September 30, 2021. - - TITLE IV - - GENERAL PROVISIONS--THIS ACT - - Sec. 401. None of the funds in this Act shall be used for the -planning or execution of any program to pay the expenses of, or -otherwise compensate, non-Federal parties intervening in regulatory or -adjudicatory proceedings funded in this Act. - Sec. 402. None of the funds appropriated in this Act shall remain -available for obligation beyond the current fiscal year, nor may any be -transferred to other appropriations, unless expressly so provided -herein. - Sec. 403. The expenditure of any appropriation under this Act for -any consulting service through a procurement contract pursuant to -section 3109 of title 5, United States Code, shall be limited to those -contracts where such expenditures are a matter of public record and -available for public inspection, except where otherwise provided under -existing law, or under existing Executive order issued pursuant to -existing law. - Sec. 404. (a) None of the funds made available in this Act may be -obligated or expended for any employee training that-- - (1) does not meet identified needs for knowledge, skills, - and abilities bearing directly upon the performance of official - duties; - (2) contains elements likely to induce high levels of - emotional response or psychological stress in some - participants; - (3) does not require prior employee notification of the - content and methods to be used in the training and written end - of course evaluation; - (4) contains any methods or content associated with - religious or quasi-religious belief systems or ``new age'' - belief systems as defined in Equal Employment Opportunity - Commission Notice N-915.022, dated September 2, 1988; or - (5) is offensive to, or designed to change, participants' - personal values or lifestyle outside the workplace. - (b) Nothing in this section shall prohibit, restrict, or otherwise -preclude an agency from conducting training bearing directly upon the -performance of official duties. - Sec. 405. Except as otherwise provided in this Act, none of the -funds provided in this Act, provided by previous appropriations Acts to -the agencies or entities funded in this Act that remain available for -obligation or expenditure in fiscal year 2020, or provided from any -accounts in the Treasury derived by the collection of fees and -available to the agencies funded by this Act, shall be available for -obligation or expenditure through a reprogramming of funds that-- - (1) creates a new program; - (2) eliminates a program, project, or activity; - (3) increases funds or personnel for any program, project, - or activity for which funds have been denied or restricted by - the Congress; - (4) proposes to use funds directed for a specific activity - by either the House or Senate Committees on Appropriations for - a different purpose; - (5) augments existing programs, projects, or activities in - excess of $5,000,000 or 10 percent, whichever is less; - (6) reduces existing programs, projects, or activities by - $5,000,000 or 10 percent, whichever is less; or - (7) creates, reorganizes, or restructures a branch, - division, office, bureau, board, commission, agency, - administration, or department different from the budget - justifications submitted to the Committees on Appropriations or - the table accompanying the joint explanatory statement - accompanying this Act, whichever is more detailed, unless prior - approval is received from the House and Senate Committees on - Appropriations: Provided, That not later than 60 days after - the date of enactment of this Act, each agency funded by this - Act shall submit a report to the Committees on Appropriations - of the Senate and of the House of Representatives to establish - the baseline for application of reprogramming and transfer - authorities for the current fiscal year: Provided further, - That the report shall include-- - (A) a table for each appropriation with a separate - column to display the prior year enacted level, the - President's budget request, adjustments made by - Congress, adjustments due to enacted rescissions, if - appropriate, and the fiscal year enacted level; - (B) a delineation in the table for each - appropriation and its respective prior year enacted - level by object class and program, project, and - activity as detailed in this Act, the table - accompanying the explanatory statement accompanying - this Act, accompanying reports of the House and Senate - Committee on Appropriations, or in the budget appendix - for the respective appropriations, whichever is more - detailed, and shall apply to all items for which a - dollar amount is specified and to all programs for - which new budget (obligational) authority is provided, - as well as to discretionary grants and discretionary - grant allocations; and - (C) an identification of items of special - congressional interest. - Sec. 406. Except as otherwise specifically provided by law, not to -exceed 50 percent of unobligated balances remaining available at the -end of fiscal year 2020 from appropriations made available for salaries -and expenses for fiscal year 2020 in this Act, shall remain available -through September 30, 2021, for each such account for the purposes -authorized: Provided, That a request shall be submitted to the House -and Senate Committees on Appropriations for approval prior to the -expenditure of such funds: Provided further, That these requests shall -be made in compliance with reprogramming guidelines under section 405 -of this Act. - Sec. 407. No funds in this Act may be used to support any Federal, -State, or local projects that seek to use the power of eminent domain, -unless eminent domain is employed only for a public use: Provided, -That for purposes of this section, public use shall not be construed to -include economic development that primarily benefits private entities: -Provided further, That any use of funds for mass transit, railroad, -airport, seaport or highway projects, as well as utility projects which -benefit or serve the general public (including energy-related, -communication-related, water-related and wastewater-related -infrastructure), other structures designated for use by the general -public or which have other common-carrier or public-utility functions -that serve the general public and are subject to regulation and -oversight by the government, and projects for the removal of an -immediate threat to public health and safety or brownfields as defined -in the Small Business Liability Relief and Brownfields Revitalization -Act (Public Law 107-118) shall be considered a public use for purposes -of eminent domain. - Sec. 408. None of the funds made available in this Act may be -transferred to any department, agency, or instrumentality of the United -States Government, except pursuant to a transfer made by, or transfer -authority provided in, this Act or any other appropriations Act. - Sec. 409. No part of any appropriation contained in this Act shall -be available to pay the salary for any person filling a position, other -than a temporary position, formerly held by an employee who has left to -enter the Armed Forces of the United States and has satisfactorily -completed his or her period of active military or naval service, and -has within 90 days after his or her release from such service or from -hospitalization continuing after discharge for a period of not more -than 1 year, made application for restoration to his or her former -position and has been certified by the Office of Personnel Management -as still qualified to perform the duties of his or her former position -and has not been restored thereto. - Sec. 410. No funds appropriated pursuant to this Act may be -expended by an entity unless the entity agrees that in expending the -assistance the entity will comply with sections 2 through 4 of the Act -of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy -American Act''). - Sec. 411. No funds appropriated or otherwise made available under -this Act shall be made available to any person or entity that has been -convicted of violating the Buy American Act (41 U.S.C. 8301-8305). - Sec. 412. None of the funds made available in this Act may be used -for first-class airline accommodations in contravention of sections -301-10.122 and 301-10.123 of title 41, Code of Federal Regulations. - Sec. 413. (a) None of the funds made available by this Act may be -used to approve a new foreign air carrier permit under sections 41301 -through 41305 of title 49, United States Code, or exemption application -under section 40109 of that title of an air carrier already holding an -air operators certificate issued by a country that is party to the -U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval -would contravene United States law or Article 17 bis of the U.S.-E.U.- -Iceland-Norway Air Transport Agreement. - (b) Nothing in this section shall prohibit, restrict or otherwise -preclude the Secretary of Transportation from granting a foreign air -carrier permit or an exemption to such an air carrier where such -authorization is consistent with the U.S.-E.U.-Iceland-Norway Air -Transport Agreement and United States law. - Sec. 414. None of the funds made available in this Act may be used -to send or otherwise pay for the attendance of more than 50 employees -of a single agency or department of the United States Government, who -are stationed in the United States, at any single international -conference unless the relevant Secretary reports to the House and -Senate Committees on Appropriations at least 5 days in advance that -such attendance is important to the national interest: Provided, That -for purposes of this section the term ``international conference'' -shall mean a conference occurring outside of the United States attended -by representatives of the United States Government and of foreign -governments, international organizations, or nongovernmental -organizations. - Sec. 415. None of the funds appropriated or otherwise made -available under this Act may be used by the Surface Transportation -Board to charge or collect any filing fee for rate or practice -complaints filed with the Board in an amount in excess of the amount -authorized for district court civil suit filing fees under section 1914 -of title 28, United States Code. - Sec. 416. None of the funds made available by this Act may be used -by the Department of Transportation, the Department of Housing and -Urban Development, or any other Federal agency to lease or purchase new -light duty vehicles for any executive fleet, or for an agency's fleet -inventory, except in accordance with Presidential Memorandum--Federal -Fleet Performance, dated May 24, 2011. - Sec. 417. (a) None of the funds made available in this Act may be -used to maintain or establish a computer network unless such network -blocks the viewing, downloading, and exchanging of pornography. - (b) Nothing in subsection (a) shall limit the use of funds -necessary for any Federal, State, tribal, or local law enforcement -agency or any other entity carrying out criminal investigations, -prosecution, or adjudication activities. - Sec. 418. (a) None of the funds made available in this Act may be -used to deny an Inspector General funded under this Act timely access -to any records, documents, or other materials available to the -department or agency over which that Inspector General has -responsibilities under the Inspector General Act of 1978 (5 U.S.C. -App.), or to prevent or impede that Inspector General's access to such -records, documents, or other materials, under any provision of law, -except a provision of law that expressly refers to the Inspector -General and expressly limits the Inspector General's right of access. - (b) A department or agency covered by this section shall provide -its Inspector General with access to all such records, documents, and -other materials in a timely manner. A department or agency shall not -withhold or delay access by the Inspector General in order to conduct -internal reviews of responsive documents, nor shall privileges -preventing release of agency documents to third parties be a basis for -withholding or delaying access to the Inspector General. - (c) Each Inspector General shall ensure compliance with statutory -limitations on disclosure relevant to the information provided by the -establishment over which that Inspector General has responsibilities -under the Inspector General Act of 1978 (5 U.S.C. App.). - (d) Each Inspector General covered by this section shall report to -the Committees on Appropriations of the House of Representatives and -the Senate within 5 calendar days any failures to comply with this -requirement. Within 5 calendar days of the Inspector General's report, -the department or agency will provide the Committees on Appropriations -of the House of Representatives and the Senate with an accounting of -timeframe and efforts by the agency to provide OIG access. - Sec. 419. None of the funds appropriated or otherwise made -available by this Act may be used to pay award or incentive fees for -contractors whose performance has been judged to be below satisfactory, -behind schedule, over budget, or has failed to meet the basic -requirements of a contract, unless the Agency determines that any such -deviations are due to unforeseeable events, government-driven scope -changes, or are not significant within the overall scope of the project -and/or program unless such awards or incentive fees are consistent with -16.401(e)(2) of the Federal Acquisition Regulations. - Sec. 420. Except as expressly provided otherwise, any reference to -``this Act'' contained in this division shall be treated as referring -only to the provisions of this division. - Sec. 421. Any reference to a ``report accompanying this Act'' -contained in this division shall be treated as a reference to House -Report 116-106. The effect of such Report shall be limited to this -division and shall apply for purposes of determining the allocation of -funds provided by, and the implementation of, this division. - Sec. 422. None of the funds made available by this Act may be used -in contravention of section 5309(d)(2) of title 49, United States Code. - Sec. 423. None of the funds made available by this division may be -used to issue rules or guidance in contravention of section 1210 of -Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T. -Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155). - Sec. 424. None of the funds made available by this Act may be used -in contravention of Executive Order No. 13858. - Sec. 425. None of the funds made available by this Act may be used -by the National Railroad Passenger Corporation in contravention of the -Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et -seq.). - Sec. 426. None of the funds made available by this division may be -used to deny eligibility of a single family mortgage for insurance -under title II of the National Housing Act on the basis of the status -of the mortgagor as an alien in deferred action status pursuant to the -Deferred Action for Childhood Arrivals (`DACA') Program announced by -the Secretary of Homeland Security on June 15, 2012. - Sec. 427. None of the funds made available by this division may be -used in contravention of section 2635.702 of title 5, Code of Federal -Regulations. - Sec. 428. None of the funds made available by this Act may be used -to carry out section 4(b) of Executive Order No. 13868 or to issue a -special permit under section 107.105 of title 49, Code of Federal -Regulations, that allows liquified natural gas to move by rail tank -car. - This Act may be cited as the ``Transportation, Housing and Urban -Development, and Related Agencies Appropriations Act, 2020''. - -DIVISION F--FAIR COMPENSATION FOR LOW-WAGE CONTRACTOR EMPLOYEES ACT OF - 2019 + + Making further continuing appropriations for fiscal year 2020, and for + other purposes. + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, SECTION 1. SHORT TITLE. + This Act may be cited as the ``Further Continuing Appropriations +Act, 2020, and Further Health Extenders Act of 2019''. +SEC. 2. TABLE OF CONTENTS. + The table of contents of this Act is as follows: + + DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2020 + + DIVISION B--HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS + +Title I--Public Health Extenders +Title II--Other Health Extenders +Title III--Medicaid Extenders +Title IV--Medicare Extenders +Title V--Human Services Extenders +Title VI--Miscellaneous Policies +Title VII--Other Matters +Title VIII--Budgetary Effects +SEC. 3. REFERENCES. + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. + + DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2020 + + Sec. 101. The Continuing Appropriations Act, 2020 (division A of +Public Law 116-59) is amended-- + (1) by striking the date specified in section 106(3) and + inserting ``December 20, 2019''; + (2) by striking section 122 and inserting the following: + ``Sec. 122. Notwithstanding sections 101 and 104, amounts are +provided for `Department of Commerce--Bureau of the Census--Periodic +Censuses and Programs' at a rate for operations of $7,284,319,000, of +which not less than $90,000,000 is for the delivery of Mobile +Questionnaire Assistance Centers: Provided, That such amounts may be +apportioned up to the rate for operations necessary to maintain the +schedule and deliver the required data according to statutory deadlines +in the 2020 Decennial Census Program: Provided further, That the third +proviso under such heading in title I of Division C of Public Law 116-6 +shall not apply during the period covered by this Act.''; + (3) in section 136, by striking ``$18,397,500'' and inserting + ``$26,574,167'' and by striking ``$631,000'' and inserting + ``$1,209,111''; + (4) in section 138, by striking ``$20,000,000'' and inserting + ``$30,000,000''; and + (5) by inserting after section 145 the following new sections: + ``Sec. 146. Amounts made available by section 101 for `Department +of Agriculture--Domestic Food Programs--Food and Nutrition Service-- +Commodity Assistance Program' may be apportioned up to the rate for +operations necessary to maintain the current program caseload for the +Commodity Supplemental Food Program. + ``Sec. 147. Adjustments for Certain Rates of Pay for the Uniformed +Services.-- + ``Amounts made available in applicable accounts by section 101-- + ``(1) for monthly basic pay for members of the uniformed + services under section 203(a) of title 37, United States Code, may + be apportioned up to the rate for operations necessary to provide + monthly pay consistent with section 4 of Executive Order 13866 of + March 28, 2019; and + ``(2) for monthly cadet or midshipmen pay for cadets or + midshipmen under section 203(c) of title 37, United States Code, + may be apportioned up to the rate for operations necessary to + provide monthly pay consistent with section 4 of Executive Order + 13866 of March 28, 2019. + ``Sec. 148. In addition to amounts provided in section 101, +amounts are provided for the Payments in Lieu of Taxes program +authorized by chapter 69 of title 31, United States Code, at a rate for +operations of $400,000, to be used solely for administrative expenses. + ``Sec. 149. Notwithstanding any other provision of this Act, there +is hereby appropriated for fiscal year 2020 for payment to Maya M. +Rockeymoore, widow of Elijah E. Cummings, late a Representative from +the State of Maryland, $174,000. + ``Sec. 150. Notwithstanding section 251(a)(1) of the Balanced +Budget and Emergency Deficit Control Act of 1985 and the timetable in +section 254(a) of such Act, the final sequestration report for fiscal +year 2020 pursuant to section 254(f)(1) of such Act and any order for +fiscal year 2020 pursuant to section 254(f)(5) of such Act shall be +issued, for the Congressional Budget Office, 10 days after the date +specified in section 106(3), and for the Office of Management and +Budget, 15 days after the date specified in section 106(3).''. + This division may be cited as the ``Further Continuing +Appropriations Act, 2020''. - This division may be cited as the ``Fair Compensation for Low-Wage -Contractor Employees Act of 2019''. - -SEC. 2. APPROPRIATION. - - There is hereby appropriated, out of any money in the Treasury not -otherwise appropriated, such sums as may be necessary, to remain -available until expended, for each Federal agency subject to the lapse -in appropriations that began on or about December 22, 2018, for -adjustments in the price of contracts of such agency under section 3. - -SEC. 3. BACK COMPENSATION FOR LOW-WAGE EMPLOYEES OF GOVERNMENT - CONTRACTORS IN CONNECTION WITH THE LAPSE IN - APPROPRIATIONS. - - (a) In General.--Each Federal agency subject to the lapse in -appropriations that began on or about December 22, 2018, shall adjust -the price of any contract of such agency for which the contractor was -ordered to suspend, delay, or interrupt all or part of the work of such -contract, or stop all or any part of the work called for in such -contract, as a result of the lapse in appropriations to compensate the -contractor for reasonable costs incurred-- - (1) to provide compensation, at an employee's standard rate - of compensation, to any employee who was furloughed or laid - off, or who was not working, who experienced a reduction of - hours, or who experienced a reduction in compensation, as a - result of the lapse in appropriations (for the period of the - lapse); or - (2) to restore paid leave taken by any employee during the - lapse in appropriations, if the contractor required employees - to use paid leave as a result of the lapse in appropriations. - (b) Limitation on Amount of Weekly Compensation Covered by -Adjustment.--The maximum amount of weekly compensation of an employee -for which an adjustment may be made under subsection (a) may not exceed -the lesser of-- - (1) the employee's actual weekly compensation; or - (2) $965. - (c) Timing of Adjustments.--The adjustments required by subsection -(a) shall be made as soon as practicable after the enactment of this -Act. - (d) Definitions.--In this section: - (1) The term ``compensation'' has the meaning given that - term in section 6701 of title 41, United States Code. - (2) The term ``employee'' means the following: - (A) A ``service employee'' as that term is defined - in section 6701(3) of title 41, United States Code, - except that the term also includes service employees - described in subparagraph (C) of that section - notwithstanding that subparagraph. - (B) A ``laborer or mechanic'' covered by section - 3142 of title 40, United States Code. - -SEC. 4. EFFECTIVE DATE. - - This division shall take effect upon the date of enactment of this -Act. - -SEC. 5. BUDGETARY EFFECTS. - - (a) Classification of Budgetary Effects.--Notwithstanding Rule 3 of + DIVISION B--HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS + TITLE I--PUBLIC HEALTH EXTENDERS + +SEC. 1101. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL HEALTH +SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE GME PROGRAMS. + (a) Community Health Centers.--Section 10503(b)(1)(F) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) +is amended by-- + (1) striking ``$569,863,014'' and inserting ``$887,671,223''; + and + (2) striking ``November 21, 2019'' and inserting ``December 20, + 2019''. + (b) National Health Service Corps.--Section 10503(b)(2) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(G)) +is amended-- + (1) by striking ``$44,164,384'' and inserting ``$68,794,521''; + and + (2) by striking ``November 21, 2019'' and inserting ``December + 20, 2019''. + (c) Teaching Health Centers That Operate Graduate Medical Education +Programs.--Section 340H(g)(1) of the Public Health Service Act (42 +U.S.C. 256h(g)(1)) is amended-- + (1) by striking ``$18,021,918'' and inserting ``$28,072,603''; + and + (2) by striking ``November 21, 2019'' and inserting ``December + 20, 2019''. + (d) Application of Provisions.--Amounts appropriated pursuant to +the amendments made by this section for the period beginning on October +1, 2019, and ending on December 20, 2019, shall be subject to the +requirements contained in Public Law 115-245 for funds for programs +authorized under sections 330 through 340 of the Public Health Service +Act (42 U.S.C. 254 through 256). + (e) Conforming Amendment.--Paragraph (4) of section 3014(h) of +title 18, United States Code, as amended by section 1101(e) of division +B of Public Law 116-59, is amended by striking ``and section 1101(d) of +division B of the Continuing Appropriations Act, 2020, and Health +Extenders Act of 2019'' and inserting ``, section 1101(d) of division B +of the Continuing Appropriations Act, 2020, and Health Extenders Act of +2019, and section 1101(d) of the Further Continuing Appropriations Act, +2020, and Further Health Extenders Act of 2019''. +SEC. 1102. DIABETES PROGRAMS. + (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act +(42 U.S.C. 254c-2(b)(2)(D)) is amended-- + (1) by striking ``$21,369,863'' and inserting ``$33,287,671''; + and + (2) by striking ``November 21, 2019'' and inserting ``December + 20, 2019''. + (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service +Act (42 U.S.C. 254c-3(c)(2)(D)) is amended-- + (1) by striking ``$21,369,863'' and inserting ``$33,287,671''; + and + (2) by striking ``November 21, 2019'' and inserting ``December + 20, 2019''. + + TITLE II--OTHER HEALTH EXTENDERS + +SEC. 1201. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PROGRAM. + Section 510 of the Social Security Act (42 U.S.C. 710) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1), in the matter preceding subparagraph + (A), by striking ``November 21, 2019'' and inserting ``December + 20, 2019''; and + (B) in paragraph (2)(A), by striking ``November 21, 2019'' + and inserting ``December 20, 2019''; and + (2) in subsection (f)(1), by striking ``$10,684,931 for the + period beginning October 1, 2019, and ending November 21, 2019'' + and inserting ``$16,643,836 for the period beginning October 1, + 2019, and ending December 20, 2019''. +SEC. 1202. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM. + Section 513 of the Social Security Act (42 U.S.C. 713) is amended-- + (1) in subsection (a)(1)-- + (A) in subparagraph (A), in the matter preceding clause + (i), by striking ``November 21, 2019'' and inserting ``December + 20, 2019''; and + (B) in subparagraph (B)(i), by striking ``November 21, + 2019'' and inserting ``December 20, 2019''; and + (2) in subsection (f), by striking ``$10,684,931 for the period + beginning October 1, 2019, and ending November 21, 2019'' and + inserting ``$16,643,836 for the period beginning October 1, 2019, + and ending December 20, 2019''. + + TITLE III--MEDICAID EXTENDERS + +SEC. 1301. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION +PROGRAM. + Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 +(42 U.S.C. 1396a note) is amended by striking ``November 21, 2019'' and +inserting ``December 20, 2019''. +SEC. 1302. TEMPORARY INCREASE IN FEDERAL MEDICAL ASSISTANCE PERCENTAGE +FOR TERRITORIES UNDER MEDICAID PROGRAM. + Subsection (ff) of section 1905 of the Social Security Act (42 +U.S.C. 1396d) is amended by striking ``November 21, 2019'' and +inserting ``December 20, 2019''. +SEC. 1303. DELAY OF REDUCTIONS IN MEDICAID DSH ALLOTMENTS. + Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r- +4(f)(7)(A)) is amended by striking ``November 22, 2019'' each place it +appears and inserting ``December 21, 2019''. + + TITLE IV--MEDICARE EXTENDERS + +SEC. 1401. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, +AND SELECTION. + (a) In General.--Section 1890(d)(2) of the Social Security Act (42 +U.S.C. 1395aaa(d)(2)) is amended-- + (1) in the first sentence, by striking ``$1,069,000 for the + period beginning on October 1, 2019, and ending on November 21, + 2019'' and inserting ``$1,665,000 for the period beginning on + October 1, 2019, and ending on December 20, 2019''; and + (2) in the third sentence, by striking ``November 21, 2019'' + and inserting ``December 20, 2019''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect as if included in the enactment of the Continuing +Appropriations Act, 2020, and Health Extenders Act of 2019 (Public Law +116-59). +SEC. 1402. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME +PROGRAMS. + (a) Additional Funding for State Health Insurance Programs.-- +Subsection (a)(1)(B) of section 119 of the Medicare Improvements for +Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended +by section 3306 of the Patient Protection and Affordable Care Act +(Public Law 111-148), section 610 of the American Taxpayer Relief Act +of 2012 (Public Law 112-240), section 1110 of the Pathway for SGR +Reform Act of 2013 (Public Law 113-67), section 110 of the Protecting +Access to Medicare Act of 2014 (Public Law 113-93), section 208 of the +Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114- +10), section 50207 of division E of the Bipartisan Budget Act of 2018 +(Public Law 115-123), and section 1402 of the Continuing Appropriations +Act, 2020, and Health Extenders Act of 2019 (Public Law 116-59), is +amended-- + (1) in clause (ix), by striking ``and'' at the end; + (2) in clause (x), by striking the period at the end and + inserting ``; and''; and + (3) by inserting after clause (x) the following new clause: + ``(xi) for the period beginning on November 22, 2019, + and ending on December 20, 2019, of $1,033,000.''. + (b) Additional Funding for Area Agencies on Aging.--Subsection +(b)(1)(B) of such section 119, as so amended, is amended-- + (1) in clause (ix), by striking ``and'' at the end; + (2) in clause (x), by striking the period at the end and + inserting ``; and''; and + (3) by inserting after clause (x) the following new clause: + ``(xi) for the period beginning on November 22, 2019, + and ending on December 20, 2019, of $597,000.''. + (c) Additional Funding for Aging and Disability Resource Centers.-- +Subsection (c)(1)(B) of such section 119, as so amended, is amended-- + (1) in clause (ix), by striking ``and'' at the end; + (2) in clause (x), by striking the period at the end and + inserting ``; and''; and + (3) by inserting after clause (x) the following new clause: + ``(xi) for the period beginning on November 22, 2019, + and ending on December 20, 2019, of $397,000.''. + (d) Additional Funding for Contract With the National Center for +Benefits and Outreach Enrollment.--Subsection (d)(2) of such section +119, as so amended, is amended-- + (1) in clause (ix), by striking ``and'' at the end; + (2) in clause (x), by striking the period at the end and + inserting ``; and''; and + (3) by inserting after clause (x) the following new clause: + ``(xi) for the period beginning on November 22, 2019, + and ending on December 20, 2019, of $953,000.''. +SEC. 1403. EXTENSION OF TERMINATION DATE OF PATIENT-CENTERED OUTCOMES +RESEARCH TRUST FUND. + Section 9511(f) of the Internal Revenue Code of 1986 is amended by +striking ``November 21'' and inserting ``December 20''. + + TITLE V--HUMAN SERVICES EXTENDERS + +SEC. 1501. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS HEALTH +PROFESSIONS WORKFORCE NEEDS. + Activities authorized by section 2008 of the Social Security Act +shall continue through December 20, 2019, in the manner authorized for +fiscal year 2019, and out of any money in the Treasury of the United +States not otherwise appropriated, there are hereby appropriated such +sums as may be necessary for such purpose. Grants and payments may be +made pursuant to this authority through the date so specified at the +pro rata portion of the total amount authorized for such activities in +fiscal year 2019. +SEC. 1502. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES +PROGRAM AND RELATED PROGRAMS. + Activities authorized by part A of title IV and section 1108(b) of +the Social Security Act shall continue through December 20, 2019, in +the manner authorized for fiscal year 2019, and out of any money in the +Treasury of the United States not otherwise appropriated, there are +hereby appropriated such sums as may be necessary for such purpose. + + TITLE VI--MISCELLANEOUS POLICIES + +SEC. 1601. ALASKA NATIVE REGIONAL HEALTH ENTITIES. + Section 424(a) of the Consolidated Appropriations Act, 2014 (Public +Law 113-76), as amended by section 428 of the Consolidated +Appropriations Act, 2018 (Public Law 115-141), shall be applied by +substituting ``December 20, 2019'' for ``October 1, 2019''. +SEC. 1602. MEDICAID IMPROVEMENT FUND. + Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)) +is amended in paragraph (3)(A) by striking ``$2,387,000,000'' and +inserting ``$1,960,000,000''. + + TITLE VII--OTHER MATTERS + +SEC. 1701. UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND +CLARIFICATION ACT. + (a) Short Title.--This section may be cited as the ``United States +Victims of State Sponsored Terrorism Fund Clarification Act''. + (b) Technical Corrections to the USVSST Fund.-- + (1) In general.--The Justice for United States Victims of State + Sponsored Terrorism Act (34 U.S.C. 20144) is amended-- + (A) in subsection (b)-- + (i) in paragraph (1)(B), by striking ``section.'' and + inserting ``section, except that, during the 1-year period + beginning on the date of enactment of the United States + Victims of State Sponsored Terrorism Fund Clarification + Act, the Special Master may utilize an additional 5 full- + time equivalent Department of Justice personnel.''; and + (ii) in paragraph (2)(A), by striking ``Such notice + is'' and inserting the following: ``Not later than 30 days + after the date of enactment of the United States Victims of + State Sponsored Terrorism Fund Clarification Act, the + Special Master shall update, as necessary as a result of + the enactment of such Act, such procedures and other + guidance previously issued by the Special Master. Such + notice and any updates to that notice or other guidance + are''; + (B) in subsection (c)-- + (i) in paragraph (2)(B), by striking ``January 20, + 1981'' and all that follows through ``Columbia'' and + inserting ``January 20, 1981''; and + (ii) in paragraph (3)(A)-- + + (I) in clause (i)(II), by striking the period at + the end and inserting the following: ``, except that + any United States person with an eligible claim + described in paragraph (2)(B) who did not have an + eligible claim before the date of enactment of the + United States Victims of State Sponsored Terrorism Fund + Clarification Act shall have 90 days from the date of + enactment of such Act to submit an application for + payment.''; and + (II) in clause (ii), by striking the period at the + end and inserting the following: ``, unless the final + judgment was awarded to a 9/11 victim, 9/11 spouse, or + 9/11 dependent before the date of enactment of the + United States Victims of State Sponsored Terrorism Fund + Clarification Act, in which case such United States + person shall have 90 days from the date of enactment of + such Act to submit an application for payment.''; + + (C) in subsection (d)-- + (i) in paragraph (3)(A), by striking clauses (i) and + (ii) and inserting the following: + ``(i) Pro rata basis.--Except as provided in + subparagraph (B) and subject to the limitations described + in clause (ii), the Special Master shall carry out + paragraph (1), by-- + + ``(I) dividing all available funds in half and + allocating 50 percent of the available funds to non-9/ + 11 related victims of state sponsored terrorism and the + remaining 50 percent of the available funds to 9/11 + related victims of state sponsored terrorism; + ``(II) further dividing the funds allocated to non- + 9/11 related victims of state sponsored terrorism on a + pro rata basis, based on the amounts outstanding and + unpaid on eligible claims, until such amounts have been + paid in full or the Fund is closed; and + ``(III) further dividing the funds allocated to 9/ + 11 related victims of state sponsored terrorism on a + pro rata basis, based on the amounts outstanding and + unpaid on eligible claims, until such amounts have been + paid in full or the Fund is closed. + + ``(ii) Limitations.--The limitations described in this + clause are as follows: + + ``(I) In the event that a United States person has + an eligible claim that exceeds $20,000,000, the Special + Master shall treat that claim as if it were for + $20,000,000 for purposes of this section. + ``(II) In the event that a non-9/11 related victim + of state sponsored terrorism and the immediate family + members of such person have claims that if aggregated + would exceed $35,000,000, the Special Master shall, for + purposes of this section, reduce such claims on a pro + rata basis such that in the aggregate such claims do + not exceed $35,000,000. + ``(III) In the event that a 9/11 victim, 9/11 + spouse, or 9/11 dependent and the immediate family + members of such person (who are also 9/11 victims, 9/11 + spouses, or 9/11 dependents) have claims that if + aggregated would exceed $35,000,000, the Special Master + shall, for purposes of this section, reduce such claims + on a pro rata basis such that in the aggregate such + claims do not exceed $35,000,000. + ``(IV) In the event that a 9/11 family member and + the family members of such person (who are also 9/11 + family members) have claims that if aggregated would + exceed $20,000,000, the Special Master shall, for + purposes of this section, reduce such claims on a pro + rata basis such that in the aggregate such claims do + not exceed $20,000,000.''; and + + (ii) in paragraph (4)-- + + (I) by striking ``On'' and inserting the following: + + ``(A) In general.--Except as provided in subparagraph (B), + on''; and + + (II) by adding at the end the following: + + ``(B) Third round payments.--The Special Master shall + authorize third-round payments to satisfy eligible claims under + this section not earlier than 90 days, and not later than 180 + days, after the date of enactment of the United States Victims + of State Sponsored Terrorism Fund Clarification Act. The + Special Master shall accept applications from eligible + applicants (consistent with the deadlines for application + submission prescribed in subsection (c)(3)) until the date that + is 90 days after the date of enactment of the United States + Victims of State Sponsored Terrorism Fund Clarification Act.''; + (D) in subsection (e)-- + (i) in paragraph (2)(A)(ii)-- + + (I) by striking ``One-half'' and inserting + ``Seventy-five percent''; and + (II) by striking ``one-half'' and inserting + ``seventy-five percent''; and + + (ii) in paragraph (6), by striking ``2026'' each place + the term appears and inserting ``2030''; + (E) in subsection (f)(1)-- + (i) by inserting ``representing a non-9/11 related + victim of state sponsored terrorism'' after ``No + attorney''; and + (ii) by adding at the end the following: ``After the + date of enactment of the United States Victims of State + Sponsored Terrorism Fund Clarification Act, no attorney + representing a 9/11 related victim of state sponsored + terrorism shall charge, receive, or collect, and the + Special Master shall not approve, any payment of fees and + costs that in the aggregate exceeds 15 percent of any + payment made under this section after the date of enactment + of such Act.''; and + (F) in subsection (j)-- + (i) in paragraph (6), by striking ``(including payments + from the September 11th Victim Compensation Fund (49 U.S.C. + 40101 note))''; and + (ii) by adding at the end the following: + ``(9) Non-9/11 related victim of state sponsored terrorism.-- + The term `non-9/11 victim of state sponsored terrorism' means a + United States person who has an eligible claim under subsection (c) + that is unrelated to the acts of international terrorism carried + out on September 11, 2001. + ``(10) 9/11 related victim of state sponsored terrorism.--The + term `9/11 related victim of state sponsored terrorism' means a 9/ + 11 victim, 9/11 spouse, 9/11 dependent, or 9/11 family member. + ``(11) 9/11 dependent.--The term `9/11 dependent' means a + United States person who has an eligible claim under subsection (c) + who at the time of a 9/11 victim's death was-- + ``(A) a dependent, as defined in section 104.3 of title 28, + Code of Federal Regulations, or any successor thereto, of the + 9/11 victim; or + ``(B) the child of the 9/11 victim who has not, before the + date of enactment of the United States Victims of State + Sponsored Terrorism Fund Clarification Act, received payment + from the Fund. + ``(12) 9/11 family member.--The term `9/11 family member' means + the immediate family member of an individual described in section + 405(c) of the Air Transportation Safety and System Stabilization + Act (49 U.S.C. 40101 note) who is not a 9/11 dependent or a 9/11 + spouse. + ``(13) 9/11 spouse.--The term `9/11 spouse' means a United + States person who has an eligible claim under subsection (c) who is + a spouse, as defined in section 104.3 of title 28, Code of Federal + Regulations, or any successor thereto, of an individual described + in section 405(c) of the Air Transportation Safety and System + Stabilization Act (49 U.S.C. 40101 note). + ``(14) 9/11 victim.--The term `9/11 victim' means a United + States person who has an eligible claim under subsection (c) who is + an individual described in section 405(c)(2) of the Air + Transportation Safety and System Stabilization Act (49 U.S.C. 40101 + note).''. + (c) Rule of Construction.--A determination by the Special Master +before the date of enactment of the United States Victims of State +Sponsored Terrorism Fund Clarification Act that an award or award +determination under section 405 of the Air Transportation Safety and +Stabilization Act (49 U.S.C. 40101 note) was controlling for purposes +of the Fund (pursuant to subsection (d)(3)(A)(ii)(III) of the Justice +for United States Victims of State Sponsored Terrorism Act (34 U.S.C. +20144(d)(3)(A)(ii)(III)), as such section was in effect on the day +before the date of enactment of this Act) shall not prejudice a claim +of a 9/11 victim, 9/11 spouse, or 9/11 dependent. + (d) Applicability.--This section and the amendments made by this +section shall take effect on the date of enactment of this Act. +SEC. 1702. REPEAL OF RESCISSION. + (a) In General.--Section 1438 of the FAST Act (Public Law 114-94; +129 Stat. 1432) is repealed. + (b) Clerical Amendment.--The table of contents in section 1(b) of +the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking +the item relating to section 1438. +SEC. 1703. SUNSETS. + (a) Section 102(b)(1) of the USA PATRIOT Improvement and +Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by +striking ``December 15, 2019'' and inserting ``March 15, 2020''. + (b) Section 6001(b)(1) of the Intelligence Reform and Terrorism +Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by striking +``December 15, 2019'' and inserting ``March 15, 2020''. + + TITLE VIII--BUDGETARY EFFECTS + +SEC. 1801. BUDGETARY EFFECTS. + (a) Statutory Paygo Scorecards.--The budgetary effects of this +division shall not be entered on either PAYGO scorecard maintained +pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. + (b) Senate Paygo Scorecards.--The budgetary effects of this +division shall not be entered on any PAYGO scorecard maintained for +purposes of section 4106 of H. Con. Res. 71 (115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated-- - (1) for purposes of section 251 of such Act; and - (2) for purposes of paragraph (4)(C) of section 3 of the - Statutory Pay-As-You-Go Act of 2010 as being included in an - appropriation Act. - (b) Determination of Budgetary Effects.--The budgetary effects of -this division, for the purpose of complying with the Statutory Pay-As- -You-Go Act of 2010, shall be determined by reference to the latest -statement titled ``Budgetary Effects of PAYGO Legislation'' for this -division, submitted for printing in the Congressional Record by the -Chairman of the House Budget Committee, provided that such statement -has been submitted prior to the vote on passage. - - DIVISION G--EMPLOYMENT AUTHORITY - - Sec. 1. Notwithstanding any other provision of law, an entity may -use amounts appropriated or otherwise made available under the -Legislative Branch Appropriations Act, 2020, to pay the compensation of -an officer or employee without regard to the officer's or employee's -immigration status if the officer or employee has been issued an -employment authorization document under the Deferred Action for -Childhood Arrivals Program of the Secretary of Homeland Security, -established pursuant to the memorandum from the Secretary of Homeland -Security entitled ``Exercising Prosecutorial Discretion with Respect to -Individuals Who Came to the United States as Children'', dated June 15, -2012. - Sec. 2. Notwithstanding any other provision of law or regulation, -an alien who is authorized to be employed in the United States pursuant -to the Deferred Action for Childhood Arrivals program established under -the memorandum of the Secretary of Homeland Security dated June 15, -2012, shall be eligible for employment by the Government (including any -entity the majority of the stock of which is owned by the Government). - - Passed the House of Representatives June 25, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3055 - -_______________________________________________________________________ - - AN ACT - - Making appropriations for the Departments of Commerce and Justice, -Science, and Related Agencies for the fiscal year ending September 30, - 2020, and for other purposes. + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. + (d) PAYGO Annual Report.--For the purposes of the annual report +issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 +(2 U.S.C. 934) after adjournment of the first session of the 116th +Congress, and for determining whether a sequestration order is +necessary under such section, the debit for the budget year on the 5- +year scorecard, if any, and the 10-year scorecard, if any, shall be +deducted from such scorecard in 2020 and added to such scorecard in +2021. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 8d8f1111579c16e5f5eef63b7873e94a934188ed Mon Sep 17 00:00:00 2001 From: "Rep. Sanchez, Linda T. [D-CA-38]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 297/984] House-3144: Introduced to House --- bills_text/House-3144.txt | 54 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 54 insertions(+) create mode 100644 bills_text/House-3144.txt diff --git a/bills_text/House-3144.txt b/bills_text/House-3144.txt new file mode 100644 index 0000000..60bf15b --- /dev/null +++ b/bills_text/House-3144.txt @@ -0,0 +1,54 @@ +116th CONGRESS + 1st Session + H. R. 3144 + + To designate the facility of the United States Postal Service located + at 8520 Michigan Avenue in Whittier, California, as the ``Jose Ramos + Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 5, 2019 + + Ms. Sanchez (for herself, Mr. Garamendi, Mr. Schiff, Mr. Cox of + California, Mrs. Napolitano, Mr. Lowenthal, Ms. Roybal-Allard, Mr. + Costa, Mr. Carbajal, Mr. LaMalfa, Mr. Cisneros, Mr. Vargas, Ms. Judy +Chu of California, Ms. Brownley of California, Ms. Bass, Mr. Cardenas, +Mr. Bera, Ms. Barragan, Mr. Aguilar, Mr. Gomez, Mr. Correa, Mrs. Davis +of California, Ms. Eshoo, Mr. DeSaulnier, Mr. Harder of California, Mr. + Swalwell of California, Mr. Ted Lieu of California, Mr. Takano, Mrs. + Torres of California, Ms. Lee of California, Ms. Hill of California, + Mr. Levin of California, Mr. Huffman, Ms. Lofgren, Mr. Peters, Mr. +Khanna, Mr. McNerney, Mr. Sherman, Mr. Rouda, Mr. Calvert, Mr. Hunter, + Mr. Panetta, Ms. Matsui, Ms. Speier, Mr. Thompson of California, Ms. +Waters, Mr. Ruiz, Mr. McClintock, Mr. Cook, Ms. Porter, Mr. Nunes, Mr. + McCarthy, and Ms. Pelosi) introduced the following bill; which was + referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 8520 Michigan Avenue in Whittier, California, as the ``Jose Ramos + Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. JOSE RAMOS POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 8520 Michigan Avenue in Whittier, California, shall be known +and designated as the ``Jose Ramos Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Jose Ramos +Post Office Building''. + \ No newline at end of file From 274d7766b6b5a7c7587429940bd7263760d703b8 Mon Sep 17 00:00:00 2001 From: "Rep. Sanchez, Linda T. [D-CA-38]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 298/984] House-3144: Engrossed in House --- bills_text/House-3144.txt | 49 ++++++++++++++++----------------------- 1 file changed, 20 insertions(+), 29 deletions(-) diff --git a/bills_text/House-3144.txt b/bills_text/House-3144.txt index 60bf15b..59defbf 100644 --- a/bills_text/House-3144.txt +++ b/bills_text/House-3144.txt @@ -2,36 +2,9 @@ 1st Session H. R. 3144 - To designate the facility of the United States Postal Service located - at 8520 Michigan Avenue in Whittier, California, as the ``Jose Ramos - Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 5, 2019 - - Ms. Sanchez (for herself, Mr. Garamendi, Mr. Schiff, Mr. Cox of - California, Mrs. Napolitano, Mr. Lowenthal, Ms. Roybal-Allard, Mr. - Costa, Mr. Carbajal, Mr. LaMalfa, Mr. Cisneros, Mr. Vargas, Ms. Judy -Chu of California, Ms. Brownley of California, Ms. Bass, Mr. Cardenas, -Mr. Bera, Ms. Barragan, Mr. Aguilar, Mr. Gomez, Mr. Correa, Mrs. Davis -of California, Ms. Eshoo, Mr. DeSaulnier, Mr. Harder of California, Mr. - Swalwell of California, Mr. Ted Lieu of California, Mr. Takano, Mrs. - Torres of California, Ms. Lee of California, Ms. Hill of California, - Mr. Levin of California, Mr. Huffman, Ms. Lofgren, Mr. Peters, Mr. -Khanna, Mr. McNerney, Mr. Sherman, Mr. Rouda, Mr. Calvert, Mr. Hunter, - Mr. Panetta, Ms. Matsui, Ms. Speier, Mr. Thompson of California, Ms. -Waters, Mr. Ruiz, Mr. McClintock, Mr. Cook, Ms. Porter, Mr. Nunes, Mr. - McCarthy, and Ms. Pelosi) introduced the following bill; which was - referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -51,4 +24,22 @@ and designated as the ``Jose Ramos Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jose Ramos Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3144 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 8520 Michigan Avenue in Whittier, California, as the ``Jose Ramos + Post Office Building''. From 29e25993a1bf40c5d88c0945163c7d3dd540c90e Mon Sep 17 00:00:00 2001 From: "Rep. Sanchez, Linda T. [D-CA-38]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 299/984] House-3144: Enrolled --- bills_text/House-3144.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-3144.txt b/bills_text/House-3144.txt index 59defbf..f936812 100644 --- a/bills_text/House-3144.txt +++ b/bills_text/House-3144.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 3144 + H.R.3144 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 8520 Michigan Avenue in Whittier, California, as the ``Jose Ramos - Post Office Building''. +To designate the facility of the United States Postal Service located at + 8520 Michigan Avenue in Whittier, California, as the ``Jose Ramos Post + Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. JOSE RAMOS POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 8520 Michigan Avenue in Whittier, California, shall be known and designated as the ``Jose Ramos Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jose Ramos Post Office Building''. - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3144 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 8520 Michigan Avenue in Whittier, California, as the ``Jose Ramos - Post Office Building''. + Vice President of the United States and + President of the Senate. From 461f02d5ebcf5cbd2b6a2280863e3a80240e676e Mon Sep 17 00:00:00 2001 From: "Rep. Lewis, John [D-GA-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 300/984] House-3151: Introduced to House --- bills_text/House-3151.txt | 2218 +++++++++++++++++++++++++++++++++++++ 1 file changed, 2218 insertions(+) create mode 100644 bills_text/House-3151.txt diff --git a/bills_text/House-3151.txt b/bills_text/House-3151.txt new file mode 100644 index 0000000..54afe77 --- /dev/null +++ b/bills_text/House-3151.txt @@ -0,0 +1,2218 @@ +116th CONGRESS + 1st Session + H. R. 3151 + +To amend the Internal Revenue Code of 1986 to modernize and improve the + Internal Revenue Service, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 6, 2019 + +Mr. Lewis (for himself, Mr. Kelly of Pennsylvania, Mr. Neal, Mr. Brady, + Ms. DelBene, Mrs. Walorski, Ms. Sanchez, Mr. LaHood, Mr. Suozzi, Mr. + Wenstrup, Ms. Judy Chu of California, Ms. Moore, Mr. Brendan F. Boyle +of Pennsylvania, Mr. Buchanan, Mr. Larson of Connecticut, Mr. Holding, +Mr. Danny K. Davis of Illinois, Mr. Higgins of New York, Ms. Sewell of + Alabama, Mr. Evans, Mr. Schneider, Mrs. Murphy, Mr. Gomez, Mr. + Horsford, Ms. Norton, Ms. Hill of California, Ms. Ocasio-Cortez, and + Mr. Taylor) introduced the following bill; which was referred to the + Committee on Ways and Means, and in addition to the Committees on the + Budget, and Financial Services, for a period to be subsequently + determined by the Speaker, in each case for consideration of such + provisions as fall within the jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + +To amend the Internal Revenue Code of 1986 to modernize and improve the + Internal Revenue Service, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; ETC. + + (a) Short Title.--This Act may be cited as the ``Taxpayer First +Act''. + (b) Amendment of 1986 Code.--Except as otherwise expressly +provided, whenever in this Act an amendment or repeal is expressed in +terms of an amendment to, or repeal of, a section or other provision, +the reference shall be considered to be made to a section or other +provision of the Internal Revenue Code of 1986. + (c) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; etc. + TITLE I--PUTTING TAXPAYERS FIRST + + Subtitle A--Independent Appeals Process + +Sec. 1001. Establishment of Internal Revenue Service Independent Office + of Appeals. + Subtitle B--Improved Service + +Sec. 1101. Comprehensive customer service strategy. +Sec. 1102. Low-income exception for payments otherwise required in + connection with a submission of an offer- + in-compromise. + Subtitle C--Sensible Enforcement + +Sec. 1201. Internal Revenue Service seizure requirements with respect + to structuring transactions. +Sec. 1202. Exclusion of interest received in action to recover property + seized by the Internal Revenue Service + based on structuring transaction. +Sec. 1203. Clarification of equitable relief from joint liability. +Sec. 1204. Modification of procedures for issuance of third-party + summons. +Sec. 1205. Private debt collection and special compliance personnel + program. +Sec. 1206. Reform of notice of contact of third parties. +Sec. 1207. Modification of authority to issue designated summons. +Sec. 1208. Limitation on access of non-Internal Revenue Service + employees to returns and return + information. + Subtitle D--Organizational Modernization + +Sec. 1301. Office of the National Taxpayer Advocate. +Sec. 1302. Modernization of Internal Revenue Service organizational + structure. + Subtitle E--Other Provisions + +Sec. 1401. Return preparation programs for applicable taxpayers. +Sec. 1402. Provision of information regarding low-income taxpayer + clinics. +Sec. 1403. Notice from IRS regarding closure of taxpayer assistance + centers. +Sec. 1404. Rules for seizure and sale of perishable goods restricted to + only perishable goods. +Sec. 1405. Whistleblower reforms. +Sec. 1406. Customer service information. +Sec. 1407. Misdirected tax refund deposits. + TITLE II--21ST CENTURY IRS + + Subtitle A--Cybersecurity and Identity Protection + +Sec. 2001. Public-private partnership to address identity theft refund + fraud. +Sec. 2002. Recommendations of Electronic Tax Administration Advisory + Committee regarding identity theft refund + fraud. +Sec. 2003. Information sharing and analysis center. +Sec. 2004. Compliance by contractors with confidentiality safeguards. +Sec. 2005. Identity protection personal identification numbers. +Sec. 2006. Single point of contact for tax-related identity theft + victims. +Sec. 2007. Notification of suspected identity theft. +Sec. 2008. Guidelines for stolen identity refund fraud cases. +Sec. 2009. Increased penalty for improper disclosure or use of + information by preparers of returns. + Subtitle B--Development of Information Technology + +Sec. 2101. Management of Internal Revenue Service information + technology. +Sec. 2102. Internet platform for Form 1099 filings. +Sec. 2103. Streamlined critical pay authority for information + technology positions. + Subtitle C--Modernization of Consent-Based Income Verification System + +Sec. 2201. Disclosure of taxpayer information for third-party income + verification. +Sec. 2202. Limit redisclosures and uses of consent-based disclosures of + tax return information. + Subtitle D--Expanded Use of Electronic Systems + +Sec. 2301. Electronic filing of returns. +Sec. 2302. Uniform standards for the use of electronic signatures for + disclosure authorizations to, and other + authorizations of, practitioners. +Sec. 2303. Payment of taxes by debit and credit cards. +Sec. 2304. Authentication of users of electronic services accounts. + Subtitle E--Other Provisions + +Sec. 2401. Repeal of provision regarding certain tax compliance + procedures and reports. +Sec. 2402. Comprehensive training strategy. + TITLE III--MISCELLANEOUS PROVISIONS + +Subtitle A--Reform of Laws Governing Internal Revenue Service Employees + +Sec. 3001. Prohibition on rehiring any employee of the Internal Revenue + Service who was involuntarily separated + from service for misconduct. +Sec. 3002. Notification of unauthorized inspection or disclosure of + returns and return information. + Subtitle B--Provisions Relating to Exempt Organizations + +Sec. 3101. Mandatory e-filing by exempt organizations. +Sec. 3102. Notice required before revocation of tax-exempt status for + failure to file return. + Subtitle C--Revenue Provision + +Sec. 3201. Increase in penalty for failure to file. + TITLE IV--BUDGETARY EFFECTS + +Sec. 4001. Determination of budgetary effects. + + TITLE I--PUTTING TAXPAYERS FIRST + + Subtitle A--Independent Appeals Process + +SEC. 1001. ESTABLISHMENT OF INTERNAL REVENUE SERVICE INDEPENDENT OFFICE + OF APPEALS. + + (a) In General.--Section 7803 is amended by adding at the end the +following new subsection: + ``(e) Independent Office of Appeals.-- + ``(1) Establishment.--There is established in the Internal + Revenue Service an office to be known as the `Internal Revenue + Service Independent Office of Appeals'. + ``(2) Chief of appeals.-- + ``(A) In general.--The Internal Revenue Service + Independent Office of Appeals shall be under the + supervision and direction of an official to be known as + the `Chief of Appeals'. The Chief of Appeals shall + report directly to the Commissioner of Internal Revenue + and shall be entitled to compensation at the same rate + as the highest rate of basic pay established for the + Senior Executive Service under section 5382 of title 5, + United States Code. + ``(B) Appointment.--The Chief of Appeals shall be + appointed by the Commissioner of Internal Revenue + without regard to the provisions of title 5, United + States Code, relating to appointments in the + competitive service or the Senior Executive Service. + ``(C) Qualifications.--An individual appointed + under subparagraph (B) shall have experience and + expertise in-- + ``(i) administration of, and compliance + with, Federal tax laws, + ``(ii) a broad range of compliance cases, + and + ``(iii) management of large service + organizations. + ``(3) Purposes and duties of office.--It shall be the + function of the Internal Revenue Service Independent Office of + Appeals to resolve Federal tax controversies without litigation + on a basis which-- + ``(A) is fair and impartial to both the Government + and the taxpayer, + ``(B) promotes a consistent application and + interpretation of, and voluntary compliance with, the + Federal tax laws, and + ``(C) enhances public confidence in the integrity + and efficiency of the Internal Revenue Service. + ``(4) Right of appeal.--The resolution process described in + paragraph (3) shall be generally available to all taxpayers. + ``(5) Limitation on designation of cases as not eligible + for referral to independent office of appeals.-- + ``(A) In general.--If any taxpayer which is in + receipt of a notice of deficiency authorized under + section 6212 requests referral to the Internal Revenue + Service Independent Office of Appeals and such request + is denied, the Commissioner of Internal Revenue shall + provide such taxpayer a written notice which-- + ``(i) provides a detailed description of + the facts involved, the basis for the decision + to deny the request, and a detailed explanation + of how the basis of such decision applies to + such facts, and + ``(ii) describes the procedures prescribed + under subparagraph (C) for protesting the + decision to deny the request. + ``(B) Report to congress.--The Commissioner of + Internal Revenue shall submit a written report to + Congress on an annual basis which includes the number + of requests described in subparagraph (A) which were + denied and the reasons (described by category) that + such requests were denied. + ``(C) Procedures for protesting denial of + request.--The Commissioner of Internal Revenue shall + prescribe procedures for protesting to the Commissioner + of Internal Revenue a denial of a request described in + subparagraph (A). + ``(D) Not applicable to frivolous positions.--This + paragraph shall not apply to a request for referral to + the Internal Revenue Service Independent Office of + Appeals which is denied on the basis that the issue + involved is a frivolous position (within the meaning of + section 6702(c)). + ``(6) Staff.-- + ``(A) In general.--All personnel in the Internal + Revenue Service Independent Office of Appeals shall + report to the Chief of Appeals. + ``(B) Access to staff of office of the chief + counsel.--The Chief of Appeals shall have authority to + obtain legal assistance and advice from the staff of + the Office of the Chief Counsel. The Chief Counsel + shall ensure, to the extent practicable, that such + assistance and advice is provided by staff of the + Office of the Chief Counsel who were not involved in + the case with respect to which such assistance and + advice is sought and who are not involved in preparing + such case for litigation. + ``(7) Access to case files.-- + ``(A) In general.--In any case in which a + conference with the Internal Revenue Service + Independent Office of Appeals has been scheduled upon + request of a specified taxpayer, the Chief of Appeals + shall ensure that such taxpayer is provided access to + the nonprivileged portions of the case file on record + regarding the disputed issues (other than documents + provided by the taxpayer to the Internal Revenue + Service) not later than 10 days before the date of such + conference. + ``(B) Taxpayer election to expedite conference.--If + the taxpayer so elects, subparagraph (A) shall be + applied by substituting `the date of such conference' + for `10 days before the date of such conference'. + ``(C) Specified taxpayer.--For purposes of this + paragraph-- + ``(i) In general.--The term `specified + taxpayer' means-- + ``(I) in the case of any taxpayer + who is a natural person, a taxpayer + whose adjusted gross income does not + exceed $400,000 for the taxable year to + which the dispute relates, and + ``(II) in the case of any other + taxpayer, a taxpayer whose gross + receipts do not exceed $5,000,000 for + the taxable year to which the dispute + relates. + ``(ii) Aggregation rule.--Rules similar to + the rules of section 448(c)(2) shall apply for + purposes of clause (i)(II).''. + (b) Conforming Amendments.-- + (1) The following provisions are each amended by striking + ``Internal Revenue Service Office of Appeals'' and inserting + ``Internal Revenue Service Independent Office of Appeals'': + (A) Section 6015(c)(4)(B)(ii)(I). + (B) Section 6320(b)(1). + (C) Subsections (b)(1) and (d)(3) of section 6330. + (D) Section 6603(d)(3)(B). + (E) Section 6621(c)(2)(A)(i). + (F) Section 7122(e)(2). + (G) Subsections (a), (b)(1), (b)(2), and (c)(1) of + section 7123. + (H) Subsections (c)(7)(B)(i) and (g)(2)(A) of + section 7430. + (I) Section 7522(b)(3). + (J) Section 7612(c)(2)(A). + (2) Section 7430(c)(2) is amended by striking ``Internal + Revenue Service Office of Appeals'' each place it appears and + inserting ``Internal Revenue Service Independent Office of + Appeals''. + (3) The heading of section 6330(d)(3) is amended by + inserting ``independent'' after ``irs''. + (c) Other References.--Any reference in any provision of law, or +regulation or other guidance, to the Internal Revenue Service Office of +Appeals shall be treated as a reference to the Internal Revenue Service +Independent Office of Appeals. + (d) Savings Provisions.--Rules similar to the rules of paragraphs +(2) through (6) of section 1001(b) of the Internal Revenue Service +Restructuring and Reform Act of 1998 shall apply for purposes of this +section (and the amendments made by this section). + (e) Effective Date.-- + (1) In general.--Except as otherwise provided in this + subsection, the amendments made by this section shall take + effect on the date of the enactment of this Act. + (2) Access to case files.--Section 7803(e)(7) of the + Internal Revenue Code of 1986, as added by subsection (a), + shall apply to conferences occurring after the date which is 1 + year after the date of the enactment of this Act. + + Subtitle B--Improved Service + +SEC. 1101. COMPREHENSIVE CUSTOMER SERVICE STRATEGY. + + (a) In General.--Not later than the date which is 1 year after the +date of the enactment of this Act, the Secretary of the Treasury (or +the Secretary's delegate) shall submit to Congress a written +comprehensive customer service strategy for the Internal Revenue +Service. Such strategy shall include-- + (1) a plan to provide assistance to taxpayers that is + secure, designed to meet reasonable taxpayer expectations, and + adopts appropriate best practices of customer service provided + in the private sector, including online services, telephone + call back services, and training of employees providing + customer services; + (2) a thorough assessment of the services that the Internal + Revenue Service can co-locate with other Federal services or + offer as self-service options; + (3) proposals to improve Internal Revenue Service customer + service in the short term (the current and following fiscal + year), medium term (approximately 3 to 5 fiscal years), and + long term (approximately 10 fiscal years); + (4) a plan to update guidance and training materials for + customer service employees of the Internal Revenue Service, + including the Internal Revenue Manual, to reflect such + strategy; and + (5) identified metrics and benchmarks for quantitatively + measuring the progress of the Internal Revenue Service in + implementing such strategy. + (b) Updated Guidance and Training Materials.--Not later than 2 +years after the date of the enactment of this Act, the Secretary of the +Treasury (or the Secretary's delegate) shall make available the updated +guidance and training materials described in subsection (a)(4) +(including the Internal Revenue Manual). Such updated guidance and +training materials (including the Internal Revenue Manual) shall be +written in a manner so as to be easily understood by customer service +employees of the Internal Revenue Service and shall provide clear +instructions. + +SEC. 1102. LOW-INCOME EXCEPTION FOR PAYMENTS OTHERWISE REQUIRED IN + CONNECTION WITH A SUBMISSION OF AN OFFER-IN-COMPROMISE. + + (a) In General.--Section 7122(c) is amended by adding at the end +the following new paragraph: + ``(3) Exception for low-income taxpayers.--Paragraph (1), + and any user fee otherwise required in connection with the + submission of an offer-in-compromise, shall not apply to any + offer-in-compromise with respect to a taxpayer who is an + individual with adjusted gross income, as determined for the + most recent taxable year for which such information is + available, which does not exceed 250 percent of the applicable + poverty level (as determined by the Secretary).''. + (b) Effective Date.--The amendment made by this section shall apply +to offers-in-compromise submitted after the date of the enactment of +this Act. + + Subtitle C--Sensible Enforcement + +SEC. 1201. INTERNAL REVENUE SERVICE SEIZURE REQUIREMENTS WITH RESPECT + TO STRUCTURING TRANSACTIONS. + + Section 5317(c)(2) of title 31, United States Code, is amended-- + (1) by striking ``Any property'' and inserting the + following: + ``(A) In general.--Any property''; and + (2) by adding at the end the following: + ``(B) Internal revenue service seizure requirements + with respect to structuring transactions.-- + ``(i) Property derived from an illegal + source.--Property may only be seized by the + Internal Revenue Service pursuant to + subparagraph (A) by reason of a claimed + violation of section 5324 if the property to be + seized was derived from an illegal source or + the funds were structured for the purpose of + concealing the violation of a criminal law or + regulation other than section 5324. + ``(ii) Notice.--Not later than 30 days + after property is seized by the Internal + Revenue Service pursuant to subparagraph (A), + the Internal Revenue Service shall-- + ``(I) make a good faith effort to + find all persons with an ownership + interest in such property; and + ``(II) provide each such person so + found with a notice of the seizure and + of the person's rights under clause + (iv). + ``(iii) Extension of notice under certain + circumstances.--The Internal Revenue Service + may apply to a court of competent jurisdiction + for one 30-day extension of the notice + requirement under clause (ii) if the Internal + Revenue Service can establish probable cause of + an imminent threat to national security or + personal safety necessitating such extension. + ``(iv) Post-seizure hearing.--If a person + with an ownership interest in property seized + pursuant to subparagraph (A) by the Internal + Revenue Service requests a hearing by a court + of competent jurisdiction within 30 days after + the date on which notice is provided under + subclause (ii), such property shall be returned + unless the court holds an adversarial hearing + and finds within 30 days of such request (or + such longer period as the court may provide, + but only on request of an interested party) + that there is probable cause to believe that + there is a violation of section 5324 involving + such property and probable cause to believe + that the property to be seized was derived from + an illegal source or the funds were structured + for the purpose of concealing the violation of + a criminal law or regulation other than section + 5324.''. + +SEC. 1202. EXCLUSION OF INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY + SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON + STRUCTURING TRANSACTION. + + (a) In General.--Part III of subchapter B of chapter 1 is amended +by inserting before section 140 the following new section: + +``SEC. 139H. INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY SEIZED BY + THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING + TRANSACTION. + + ``Gross income shall not include any interest received from the +Federal Government in connection with an action to recover property +seized by the Internal Revenue Service pursuant to section 5317(c)(2) +of title 31, United States Code, by reason of a claimed violation of +section 5324 of such title.''. + (b) Clerical Amendment.--The table of sections for part III of +subchapter B of chapter 1 is amended by inserting before the item +relating to section 140 the following new item: + +``Sec. 139H. Interest received in action to recover property seized by + the Internal Revenue Service based on + structuring transaction.''. + (c) Effective Date.--The amendments made by this section shall +apply to interest received on or after the date of the enactment of +this Act. + +SEC. 1203. CLARIFICATION OF EQUITABLE RELIEF FROM JOINT LIABILITY. + + (a) In General.--Section 6015 is amended-- + (1) in subsection (e), by adding at the end the following + new paragraph: + ``(7) Standard and scope of review.--Any review of a + determination made under this section shall be reviewed de novo + by the Tax Court and shall be based upon-- + ``(A) the administrative record established at the + time of the determination, and + ``(B) any additional newly discovered or previously + unavailable evidence.''; and + (2) by amending subsection (f) to read as follows: + ``(f) Equitable Relief.-- + ``(1) In general.--Under procedures prescribed by the + Secretary, if-- + ``(A) taking into account all the facts and + circumstances, it is inequitable to hold the individual + liable for any unpaid tax or any deficiency (or any + portion of either), and + ``(B) relief is not available to such individual + under subsection (b) or (c), + the Secretary may relieve such individual of such liability. + ``(2) Limitation.--A request for equitable relief under + this subsection may be made with respect to any portion of any + liability that-- + ``(A) has not been paid, provided that such request + is made before the expiration of the applicable period + of limitation under section 6502, or + ``(B) has been paid, provided that such request is + made during the period in which the individual could + submit a timely claim for refund or credit of such + payment.''. + (b) Effective Date.--The amendments made by this section shall +apply to petitions or requests filed or pending on or after the date of +the enactment of this Act. + +SEC. 1204. MODIFICATION OF PROCEDURES FOR ISSUANCE OF THIRD-PARTY + SUMMONS. + + (a) In General.--Section 7609(f) is amended by adding at the end +the following flush sentence: +``The Secretary shall not issue any summons described in the preceding +sentence unless the information sought to be obtained is narrowly +tailored to information that pertains to the failure (or potential +failure) of the person or group or class of persons referred to in +paragraph (2) to comply with one or more provisions of the internal +revenue law which have been identified for purposes of such +paragraph.''. + (b) Effective Date.--The amendments made by this section shall +apply to summonses served after the date that is 45 days after the date +of the enactment of this Act. + +SEC. 1205. PRIVATE DEBT COLLECTION AND SPECIAL COMPLIANCE PERSONNEL + PROGRAM. + + (a) Certain Tax Receivables Not Eligible for Collection Under Tax +Collection Contracts.--Section 6306(d)(3) is amended by striking ``or'' +at the end of subparagraph (C) and by inserting after subparagraph (D) +the following new subparagraphs: + ``(E) a taxpayer substantially all of whose income + consists of disability insurance benefits under section + 223 of the Social Security Act or supplemental security + income benefits under title XVI of the Social Security + Act (including supplemental security income benefits of + the type described in section 1616 of such Act or + section 212 of Public Law 93-66), or + ``(F) a taxpayer who is an individual with adjusted + gross income, as determined for the most recent taxable + year for which such information is available, which + does not exceed 200 percent of the applicable poverty + level (as determined by the Secretary),''. + (b) Determination of Inactive Tax Receivables Eligible for +Collection Under Tax Collection Contracts.--Section 6306(c)(2)(A)(ii) +is amended by striking ``more than \1/3\ of the period of the +applicable statute of limitation has lapsed'' and inserting ``more than +2 years has passed since assessment''. + (c) Maximum Length of Installment Agreements Offered Under Tax +Collection Contracts.--Section 6306(b)(1)(B) is amended by striking ``5 +years'' and inserting ``7 years''. + (d) Clarification That Special Compliance Personnel Program Account +May Be Used for Program Costs.-- + (1) In general.--Section 6307(b) is amended-- + (A) in paragraph (2), by striking all that follows + ``under such program'' and inserting a period, and + (B) in paragraph (3), by striking all that follows + ``out of such account'' and inserting ``for other than + program costs.''. + (2) Communications, software, and technology costs treated + as program costs.--Section 6307(d)(2)(B) is amended by striking + ``telecommunications'' and inserting ``communications, + software, technology''. + (3) Conforming amendment.--Section 6307(d)(2) is amended by + striking ``and'' at the end of subparagraph (A), by striking + the period at the end of subparagraph (B) and inserting ``, + and'', and by inserting after subparagraph (B) the following + new subparagraph: + ``(C) reimbursement of the Internal Revenue Service + or other government agencies for the cost of + administering the qualified tax collection program + under section 6306.''. + (e) Effective Dates.-- + (1) In general.--Except as otherwise provided in this + subsection, the amendments made by this section shall apply to + tax receivables identified by the Secretary (or the Secretary's + delegate) after December 31, 2020. + (2) Maximum length of installment agreements.--The + amendment made by subsection (c) shall apply to contracts + entered into after the date of the enactment of this Act. + (3) Use of special compliance personnel program account.-- + The amendment made by subsection (d) shall apply to amounts + expended from the special compliance personnel program account + after the date of the enactment of this Act. + +SEC. 1206. REFORM OF NOTICE OF CONTACT OF THIRD PARTIES. + + (a) In General.--Section 7602(c)(1) is amended to read as follows: + ``(1) General notice.--An officer or employee of the + Internal Revenue Service may not contact any person other than + the taxpayer with respect to the determination or collection of + the tax liability of such taxpayer unless such contact occurs + during a period (not greater than 1 year) which is specified in + a notice which-- + ``(A) informs the taxpayer that contacts with + persons other than the taxpayer are intended to be made + during such period, and + ``(B) except as otherwise provided by the + Secretary, is provided to the taxpayer not later than + 45 days before the beginning of such period. + Nothing in the preceding sentence shall prevent the issuance of + notices to the same taxpayer with respect to the same tax + liability with periods specified therein that, in the + aggregate, exceed 1 year. A notice shall not be issued under + this paragraph unless there is an intent at the time such + notice is issued to contact persons other than the taxpayer + during the period specified in such notice. The preceding + sentence shall not prevent the issuance of a notice if the + requirement of such sentence is met on the basis of the + assumption that the information sought to be obtained by such + contact will not be obtained by other means before such + contact.''. + (b) Effective Date.--The amendment made by this section shall apply +to notices provided, and contacts of persons made, after the date which +is 45 days after the date of the enactment of this Act. + +SEC. 1207. MODIFICATION OF AUTHORITY TO ISSUE DESIGNATED SUMMONS. + + (a) In General.--Paragraph (1) of section 6503(j) is amended by +striking ``coordinated examination program'' and inserting +``coordinated industry case program''. + (b) Requirements for Summons.--Clause (i) of section 6503(j)(2)(A) +is amended to read as follows: + ``(i) the issuance of such summons is + preceded by a review and written approval of + such issuance by the Commissioner of the + relevant operating division of the Internal + Revenue Service and the Chief Counsel which-- + ``(I) states facts clearly + establishing that the Secretary has + made reasonable requests for the + information that is the subject of the + summons, and + ``(II) is attached to such + summons,''. + (c) Establishment That Reasonable Requests for Information Were +Made.--Subsection (j) of section 6503 is amended by adding at the end +the following new paragraph: + ``(4) Establishment that reasonable requests for + information were made.--In any court proceeding described in + paragraph (3), the Secretary shall establish that reasonable + requests were made for the information that is the subject of + the summons.''. + (d) Effective Date.--The amendments made by this section shall +apply to summonses issued after the date which is 45 days after the +date of the enactment of this Act. + +SEC. 1208. LIMITATION ON ACCESS OF NON-INTERNAL REVENUE SERVICE + EMPLOYEES TO RETURNS AND RETURN INFORMATION. + + (a) In General.--Section 7602 is amended by adding at the end the +following new subsection: + ``(f) Limitation on Access of Persons Other Than Internal Revenue +Service Officers and Employees.--The Secretary shall not, under the +authority of section 6103(n), provide any books, papers, records, or +other data obtained pursuant to this section to any person authorized +under section 6103(n), except when such person requires such +information for the sole purpose of providing expert evaluation and +assistance to the Internal Revenue Service. No person other than an +officer or employee of the Internal Revenue Service or the Office of +Chief Counsel may, on behalf of the Secretary, question a witness under +oath whose testimony was obtained pursuant to this section.''. + (b) Effective Date.--The amendment made by this section-- + (1) shall take effect on the date of the enactment of this + Act; and + (2) shall not fail to apply to a contract in effect under + section 6103(n) of the Internal Revenue Code of 1986 merely + because such contract was in effect before the date of the + enactment of this Act. + + Subtitle D--Organizational Modernization + +SEC. 1301. OFFICE OF THE NATIONAL TAXPAYER ADVOCATE. + + (a) Taxpayer Advocate Directives.-- + (1) In general.--Section 7803(c) is amended by adding at + the end the following new paragraph: + ``(5) Taxpayer advocate directives.--In the case of any + Taxpayer Advocate Directive issued by the National Taxpayer + Advocate pursuant to a delegation of authority from the + Commissioner of Internal Revenue-- + ``(A) the Commissioner or a Deputy Commissioner + shall modify, rescind, or ensure compliance with such + directive not later than 90 days after the issuance of + such directive, and + ``(B) in the case of any directive which is + modified or rescinded by a Deputy Commissioner, the + National Taxpayer Advocate may (not later than 90 days + after such modification or rescission) appeal to the + Commissioner, and the Commissioner shall (not later + than 90 days after such appeal is made) ensure + compliance with such directive as issued by the + National Taxpayer Advocate or provide the National + Taxpayer Advocate with the reasons for any modification + or rescission made or upheld by the Commissioner + pursuant to such appeal.''. + (2) Report to certain committees of congress regarding + directives.--Section 7803(c)(2)(B)(ii) is amended by + redesignating subclauses (VIII) through (XI) as subclauses (IX) + through (XII), respectively, and by inserting after subclause + (VII) the following new subclause: + ``(VIII) identify any Taxpayer + Advocate Directive which was not + honored by the Internal Revenue Service + in a timely manner, as specified under + paragraph (5);''. + (b) National Taxpayer Advocate Annual Reports to Congress.-- + (1) Inclusion of most serious taxpayer problems.--Section + 7803(c)(2)(B)(ii)(III) is amended by striking ``at least 20 of + the'' and inserting ``the 10''. + (2) Coordination with treasury inspector general for tax + administration.--Section 7803(c)(2) is amended by adding at the + end the following new subparagraph: + ``(E) Coordination with treasury inspector general + for tax administration.--Before beginning any research + or study, the National Taxpayer Advocate shall + coordinate with the Treasury Inspector General for Tax + Administration to ensure that the National Taxpayer + Advocate does not duplicate any action that the + Treasury Inspector General for Tax Administration has + already undertaken or has a plan to undertake.''. + (3) Statistical support.-- + (A) In general.--Section 6108 is amended by adding + at the end the following new subsection: + ``(d) Statistical Support for National Taxpayer Advocate.--Upon +request of the National Taxpayer Advocate, the Secretary shall, to the +extent practicable, provide the National Taxpayer Advocate with +statistical support in connection with the preparation by the National +Taxpayer Advocate of the annual report described in section +7803(c)(2)(B)(ii). Such statistical support shall include statistical +studies, compilations, and the review of information provided by the +National Taxpayer Advocate for statistical validity and sound +statistical methodology.''. + (B) Disclosure of review.--Section + 7803(c)(2)(B)(ii), as amended by subsection (a), is + amended by striking ``and'' at the end of subclause + (XI), by redesignating subclause (XII) as subclause + (XIII), and by inserting after subclause (XI) the + following new subclause: + ``(XII) with respect to any + statistical information included in + such report, include a statement of + whether such statistical information + was reviewed or provided by the + Secretary under section 6108(d) and, if + so, whether the Secretary determined + such information to be statistically + valid and based on sound statistical + methodology; and''. + (C) Conforming amendment.--Section + 7803(c)(2)(B)(iii) is amended by adding at the end the + following: ``The preceding sentence shall not apply + with respect to statistical information provided to the + Secretary for review, or received from the Secretary, + under section 6108(d).''. + (c) Salary of National Taxpayer Advocate.--Section 7803(c)(1)(B)(i) +is amended by striking ``, or, if the Secretary of the Treasury so +determines, at a rate fixed under section 9503 of such title''. + (d) Effective Date.-- + (1) In general.--Except as otherwise provided in this + subsection, the amendments made by this section shall take + effect on the date of the enactment of this Act. + (2) Salary of national taxpayer advocate.--The amendment + made by subsection (c) shall apply to compensation paid to + individuals appointed as the National Taxpayer Advocate after + March 31, 2019. + +SEC. 1302. MODERNIZATION OF INTERNAL REVENUE SERVICE ORGANIZATIONAL + STRUCTURE. + + (a) In General.--Not later than September 30, 2020, the Secretary +of the Treasury (or the Secretary's delegate) shall submit to Congress +a comprehensive written plan to redesign the organization of the +Internal Revenue Service. Such plan shall-- + (1) ensure the successful implementation of the priorities + specified by Congress in this Act; + (2) prioritize taxpayer services to ensure that all + taxpayers easily and readily receive the assistance that they + need; + (3) streamline the structure of the agency including + minimizing the duplication of services and responsibilities + within the agency; + (4) best position the Internal Revenue Service to combat + cybersecurity and other threats to the Internal Revenue + Service; and + (5) address whether the Criminal Investigation Division of + the Internal Revenue Service should report directly to the + Commissioner of Internal Revenue. + (b) Repeal of Restriction on Organizational Structure of Internal +Revenue Service.--Paragraph (3) of section 1001(a) of the Internal +Revenue Service Restructuring and Reform Act of 1998 shall cease to +apply beginning 1 year after the date on which the plan described in +subsection (a) is submitted to Congress. + + Subtitle E--Other Provisions + +SEC. 1401. RETURN PREPARATION PROGRAMS FOR APPLICABLE TAXPAYERS. + + (a) In General.--Chapter 77 is amended by inserting after section +7526 the following new section: + +``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR APPLICABLE TAXPAYERS. + + ``(a) Establishment of Volunteer Income Tax Assistance Matching +Grant Program.--The Secretary shall establish a Community Volunteer +Income Tax Assistance Matching Grant Program under which the Secretary +may, subject to the availability of appropriated funds, make grants to +provide matching funds for the development, expansion, or continuation +of qualified return preparation programs assisting applicable taxpayers +and members of underserved populations. + ``(b) Use of Funds.-- + ``(1) In general.--Qualified return preparation programs + may use grants received under this section for-- + ``(A) ordinary and necessary costs associated with + program operation in accordance with cost principles + under the applicable Office of Management and Budget + circular, including-- + ``(i) wages or salaries of persons + coordinating the activities of the program, + ``(ii) developing training materials, + conducting training, and performing quality + reviews of the returns prepared under the + program, + ``(iii) equipment purchases, and + ``(iv) vehicle-related expenses associated + with remote or rural tax preparation services, + ``(B) outreach and educational activities described + in subsection (c)(2)(B), and + ``(C) services related to financial education and + capability, asset development, and the establishment of + savings accounts in connection with tax return + preparation. + ``(2) Requirement of matching funds.--A qualified return + preparation program must provide matching funds on a dollar- + for-dollar basis for all grants provided under this section. + Matching funds may include-- + ``(A) the salary (including fringe benefits) of + individuals performing services for the program, + ``(B) the cost of equipment used in the program, + and + ``(C) other ordinary and necessary costs associated + with the program. + Indirect expenses, including general overhead of any entity + administering the program, shall not be counted as matching + funds. + ``(c) Application.-- + ``(1) In general.--Each applicant for a grant under this + section shall submit an application to the Secretary at such + time, in such manner, and containing such information as the + Secretary may reasonably require. + ``(2) Priority.--In awarding grants under this section, the + Secretary shall give priority to applications which + demonstrate-- + ``(A) assistance to applicable taxpayers, with + emphasis on outreach to, and services for, such + taxpayers, + ``(B) taxpayer outreach and educational activities + relating to eligibility and availability of income + supports available through this title, including the + earned income tax credit, and + ``(C) specific outreach and focus on one or more + underserved populations. + ``(3) Amounts taken into account.--In determining matching + grants under this section, the Secretary shall only take into + account amounts provided by the qualified return preparation + program for expenses described in subsection (b). + ``(d) Program Adherence.-- + ``(1) In general.--The Secretary shall establish procedures + for, and shall conduct not less frequently than once every 5 + calendar years during which a qualified return preparation + program is operating under a grant under this section, periodic + site visits-- + ``(A) to ensure the program is carrying out the + purposes of this section, and + ``(B) to determine whether the program meets such + program adherence standards as the Secretary shall by + regulation or other guidance prescribe. + ``(2) Additional requirements for grant recipients not + meeting program adherence standards.--In the case of any + qualified return preparation program which-- + ``(A) is awarded a grant under this section, and + ``(B) is subsequently determined-- + ``(i) not to meet the program adherence + standards described in paragraph (1)(B), or + ``(ii) not to be otherwise carrying out the + purposes of this section, + such program shall not be eligible for any additional grants + under this section unless such program provides sufficient + documentation of corrective measures established to address any + such deficiencies determined. + ``(e) Definitions.--For purposes of this section-- + ``(1) Qualified return preparation program.--The term + `qualified return preparation program' means any program-- + ``(A) which provides assistance to individuals, not + less than 90 percent of whom are applicable taxpayers, + in preparing and filing Federal income tax returns, + ``(B) which is administered by a qualified entity, + ``(C) in which all volunteers who assist in the + preparation of Federal income tax returns meet the + training requirements prescribed by the Secretary, and + ``(D) which uses a quality review process which + reviews 100 percent of all returns. + ``(2) Qualified entity.-- + ``(A) In general.--The term `qualified entity' + means any entity which-- + ``(i) is an eligible organization, + ``(ii) is in compliance with Federal tax + filing and payment requirements, + ``(iii) is not debarred or suspended from + Federal contracts, grants, or cooperative + agreements, and + ``(iv) agrees to provide documentation to + substantiate any matching funds provided + pursuant to the grant program under this + section. + ``(B) Eligible organization.--The term `eligible + organization' means-- + ``(i) an institution of higher education + which is described in section 102 (other than + subsection (a)(1)(C) thereof) of the Higher + Education Act of 1965 (20 U.S.C. 1002), as in + effect on the date of the enactment of this + section, and which has not been disqualified + from participating in a program under title IV + of such Act, + ``(ii) an organization described in section + 501(c) and exempt from tax under section + 501(a), + ``(iii) a local government agency, + including-- + ``(I) a county or municipal + government agency, and + ``(II) an Indian tribe, as defined + in section 4(13) of the Native American + Housing Assistance and Self- + Determination Act of 1996 (25 U.S.C. + 4103(13)), including any tribally + designated housing entity (as defined + in section 4(22) of such Act (25 U.S.C. + 4103(22))), tribal subsidiary, + subdivision, or other wholly owned + tribal entity, + ``(iv) a local, State, regional, or + national coalition (with one lead organization + which meets the eligibility requirements of + clause (i), (ii), or (iii) acting as the + applicant organization), or + ``(v) in the case of applicable taxpayers + and members of underserved populations with + respect to which no organizations described in + the preceding clauses are available-- + ``(I) a State government agency, or + ``(II) an office providing + Cooperative Extension services (as + established at the land-grant colleges + and universities under the Smith-Lever + Act of May 8, 1914). + ``(3) Applicable taxpayers.--The term `applicable taxpayer' + means a taxpayer whose income for the taxable year does not + exceed an amount equal to the completed phaseout amount under + section 32(b) for a married couple filing a joint return with + three or more qualifying children, as determined in a revenue + procedure or other published guidance. + ``(4) Underserved population.--The term `underserved + population' includes populations of persons with disabilities, + persons with limited English proficiency, Native Americans, + individuals living in rural areas, members of the Armed Forces + and their spouses, and the elderly. + ``(f) Special Rules and Limitations.-- + ``(1) Duration of grants.--Upon application of a qualified + return preparation program, the Secretary is authorized to + award a multi-year grant not to exceed 3 years. + ``(2) Aggregate limitation.--Unless otherwise provided by + specific appropriation, the Secretary shall not allocate more + than $30,000,000 per fiscal year (exclusive of costs of + administering the program) to grants under this section. + ``(g) Promotion of Programs.-- + ``(1) In general.--The Secretary shall promote tax + preparation through qualified return preparation programs + through the use of mass communications and other means. + ``(2) Provision of information regarding qualified return + preparation programs.--The Secretary may provide taxpayers + information regarding qualified return preparation programs + receiving grants under this section. + ``(3) Referrals to low-income taxpayer clinics.--Qualified + return preparation programs receiving a grant under this + section are encouraged, in appropriate cases, to-- + ``(A) advise taxpayers of the availability of, and + eligibility requirements for receiving, advice and + assistance from qualified low-income taxpayer clinics + receiving funding under section 7526, and + ``(B) provide information regarding the location + of, and contact information for, such clinics.''. + (b) Clerical Amendment.--The table of sections for chapter 77 is +amended by inserting after the item relating to section 7526 the +following new item: + +``Sec. 7526A. Return preparation programs for applicable taxpayers.''. + +SEC. 1402. PROVISION OF INFORMATION REGARDING LOW-INCOME TAXPAYER + CLINICS. + + (a) In General.--Section 7526(c) is amended by adding at the end +the following new paragraph: + ``(6) Provision of information regarding qualified low- + income taxpayer clinics.--Notwithstanding any other provision + of law, officers and employees of the Department of the + Treasury may-- + ``(A) advise taxpayers of the availability of, and + eligibility requirements for receiving, advice and + assistance from one or more specific qualified low- + income taxpayer clinics receiving funding under this + section, and + ``(B) provide information regarding the location + of, and contact information for, such clinics.''. + (b) Effective Date.--The amendment made by this section shall take +effect on the date of the enactment of this Act. + +SEC. 1403. NOTICE FROM IRS REGARDING CLOSURE OF TAXPAYER ASSISTANCE + CENTERS. + + Not later than 90 days before the date that a proposed closure of a +Taxpayer Assistance Center would take effect, the Secretary of the +Treasury (or the Secretary's delegate) shall-- + (1) make publicly available (including by non-electronic + means) a notice which-- + (A) identifies the Taxpayer Assistance Center + proposed for closure and the date of such proposed + closure; and + (B) identifies the relevant alternative sources of + taxpayer assistance which may be utilized by taxpayers + affected by such proposed closure; and + (2) submit to Congress a written report that includes-- + (A) the information included in the notice + described in paragraph (1); + (B) the reasons for such proposed closure; and + (C) such other information as the Secretary may + determine appropriate. + +SEC. 1404. RULES FOR SEIZURE AND SALE OF PERISHABLE GOODS RESTRICTED TO + ONLY PERISHABLE GOODS. + + (a) In General.--Section 6336 is amended by striking ``or become +greatly reduced in price or value by keeping, or that such property +cannot be kept without great expense''. + (b) Effective Date.--The amendment made by this section shall apply +to property seized after the date of the enactment of this Act. + +SEC. 1405. WHISTLEBLOWER REFORMS. + + (a) Modifications to Disclosure Rules for Whistleblowers.-- + (1) In general.--Section 6103(k) is amended by adding at + the end the following new paragraph: + ``(13) Disclosure to whistleblowers.-- + ``(A) In general.--The Secretary may disclose, to + any individual providing information relating to any + purpose described in paragraph (1) or (2) of section + 7623(a), return information related to the + investigation of any taxpayer with respect to whom the + individual has provided such information, but only to + the extent that such disclosure is necessary in + obtaining information, which is not otherwise + reasonably available, with respect to the correct + determination of tax liability for tax, or the amount + to be collected with respect to the enforcement of any + other provision of this title. + ``(B) Updates on whistleblower investigations.--The + Secretary shall disclose to an individual providing + information relating to any purpose described in + paragraph (1) or (2) of section 7623(a) the following: + ``(i) Not later than 60 days after a case + for which the individual has provided + information has been referred for an audit or + examination, a notice with respect to such + referral. + ``(ii) Not later than 60 days after a + taxpayer with respect to whom the individual + has provided information has made a payment of + tax with respect to tax liability to which such + information relates, a notice with respect to + such payment. + ``(iii) Subject to such requirements and + conditions as are prescribed by the Secretary, + upon a written request by such individual-- + ``(I) information on the status and + stage of any investigation or action + related to such information, and + ``(II) in the case of a + determination of the amount of any + award under section 7623(b), the + reasons for such determination. + Clause (iii) shall not apply to any information if the + Secretary determines that disclosure of such + information would seriously impair Federal tax + administration. Information described in clauses (i), + (ii), and (iii) may be disclosed to a designee of the + individual providing such information in accordance + with guidance provided by the Secretary.''. + (2) Conforming amendments.-- + (A) Confidentiality of information.--Section + 6103(a)(3) is amended by striking ``subsection + (k)(10)'' and inserting ``paragraph (10) or (13) of + subsection (k)''. + (B) Penalty for unauthorized disclosure.--Section + 7213(a)(2) is amended by striking ``(k)(10)'' and + inserting ``(k)(10) or (13)''. + (C) Coordination with authority to disclose for + investigative purposes.--Section 6103(k)(6) is amended + by adding at the end the following new sentence: ``This + paragraph shall not apply to any disclosure to an + individual providing information relating to any + purpose described in paragraph (1) or (2) of section + 7623(a) which is made under paragraph (13)(A).''. + (b) Protection Against Retaliation.--Section 7623 is amended by +adding at the end the following new subsection: + ``(d) Civil Action To Protect Against Retaliation Cases.-- + ``(1) Anti-retaliation whistleblower protection for + employees.--No employer, or any officer, employee, contractor, + subcontractor, or agent of such employer, may discharge, + demote, suspend, threaten, harass, or in any other manner + discriminate against an employee in the terms and conditions of + employment (including through an act in the ordinary course of + such employee's duties) in reprisal for any lawful act done by + the employee-- + ``(A) to provide information, cause information to + be provided, or otherwise assist in an investigation + regarding underpayment of tax or any conduct which the + employee reasonably believes constitutes a violation of + the internal revenue laws or any provision of Federal + law relating to tax fraud, when the information or + assistance is provided to the Internal Revenue Service, + the Secretary of the Treasury, the Treasury Inspector + General for Tax Administration, the Comptroller General + of the United States, the Department of Justice, the + United States Congress, a person with supervisory + authority over the employee, or any other person + working for the employer who has the authority to + investigate, discover, or terminate misconduct, or + ``(B) to testify, participate in, or otherwise + assist in any administrative or judicial action taken + by the Internal Revenue Service relating to an alleged + underpayment of tax or any violation of the internal + revenue laws or any provision of Federal law relating + to tax fraud. + ``(2) Enforcement action.-- + ``(A) In general.--A person who alleges discharge + or other reprisal by any person in violation of + paragraph (1) may seek relief under paragraph (3) by-- + ``(i) filing a complaint with the Secretary + of Labor, or + ``(ii) if the Secretary of Labor has not + issued a final decision within 180 days of the + filing of the complaint and there is no showing + that such delay is due to the bad faith of the + claimant, bringing an action at law or equity + for de novo review in the appropriate district + court of the United States, which shall have + jurisdiction over such an action without regard + to the amount in controversy. + ``(B) Procedure.-- + ``(i) In general.--An action under + subparagraph (A)(i) shall be governed under the + rules and procedures set forth in section + 42121(b) of title 49, United States Code. + ``(ii) Exception.--Notification made under + section 42121(b)(1) of title 49, United States + Code, shall be made to the person named in the + complaint and to the employer. + ``(iii) Burdens of proof.--An action + brought under subparagraph (A)(ii) shall be + governed by the legal burdens of proof set + forth in section 42121(b) of title 49, United + States Code, except that in applying such + section-- + ``(I) `behavior described in + paragraph (1)' shall be substituted for + `behavior described in paragraphs (1) + through (4) of subsection (a)' each + place it appears in paragraph (2)(B) + thereof, and + ``(II) `a violation of paragraph + (1)' shall be substituted for `a + violation of subsection (a)' each place + it appears. + ``(iv) Statute of limitations.--A complaint + under subparagraph (A)(i) shall be filed not + later than 180 days after the date on which the + violation occurs. + ``(v) Jury trial.--A party to an action + brought under subparagraph (A)(ii) shall be + entitled to trial by jury. + ``(3) Remedies.-- + ``(A) In general.--An employee prevailing in any + action under paragraph (2)(A) shall be entitled to all + relief necessary to make the employee whole. + ``(B) Compensatory damages.--Relief for any action + under subparagraph (A) shall include-- + ``(i) reinstatement with the same seniority + status that the employee would have had, but + for the reprisal, + ``(ii) the sum of 200 percent of the amount + of back pay and 100 percent of all lost + benefits, with interest, and + ``(iii) compensation for any special + damages sustained as a result of the reprisal, + including litigation costs, expert witness + fees, and reasonable attorney fees. + ``(4) Rights retained by employee.--Nothing in this section + shall be deemed to diminish the rights, privileges, or remedies + of any employee under any Federal or State law, or under any + collective bargaining agreement. + ``(5) Nonenforceability of certain provisions waiving + rights and remedies or requiring arbitration of disputes.-- + ``(A) Waiver of rights and remedies.--The rights + and remedies provided for in this subsection may not be + waived by any agreement, policy form, or condition of + employment, including by a predispute arbitration + agreement. + ``(B) Predispute arbitration agreements.--No + predispute arbitration agreement shall be valid or + enforceable, if the agreement requires arbitration of a + dispute arising under this subsection.''. + (c) Effective Date.-- + (1) In general.--The amendments made by subsection (a) + shall apply to disclosures made after the date of the enactment + of this Act. + (2) Civil protection.--The amendment made by subsection (b) + shall take effect on the date of the enactment of this Act. + +SEC. 1406. CUSTOMER SERVICE INFORMATION. + + The Secretary of the Treasury (or the Secretary's delegate) shall +provide helpful information to taxpayers placed on hold during a +telephone call to any Internal Revenue Service help line, including the +following: + (1) Information about common tax scams. + (2) Information on where and how to report tax scams. + (3) Additional advice on how taxpayers can protect + themselves from identity theft and tax scams. + +SEC. 1407. MISDIRECTED TAX REFUND DEPOSITS. + + Section 6402 is amended by adding at the end the following new +subsection: + ``(n) Misdirected Direct Deposit Refund.--Not later than the date +which is 6 months after the date of the enactment of the Taxpayer First +Act, the Secretary shall prescribe regulations to establish procedures +to allow for-- + ``(1) taxpayers to report instances in which a refund made + by the Secretary by electronic funds transfer was not + transferred to the account of the taxpayer; + ``(2) coordination with financial institutions for the + purpose of-- + ``(A) identifying the accounts to which transfers + described in paragraph (1) were made; and + ``(B) recovery of the amounts so transferred; and + ``(3) the refund to be delivered to the correct account of + the taxpayer.''. + + TITLE II--21ST CENTURY IRS + + Subtitle A--Cybersecurity and Identity Protection + +SEC. 2001. PUBLIC-PRIVATE PARTNERSHIP TO ADDRESS IDENTITY THEFT REFUND + FRAUD. + + The Secretary of the Treasury (or the Secretary's delegate) shall +work collaboratively with the public and private sectors to protect +taxpayers from identity theft refund fraud. + +SEC. 2002. RECOMMENDATIONS OF ELECTRONIC TAX ADMINISTRATION ADVISORY + COMMITTEE REGARDING IDENTITY THEFT REFUND FRAUD. + + The Secretary of the Treasury shall ensure that the advisory group +convened by the Secretary pursuant to section 2001(b)(2) of the +Internal Revenue Service Restructuring and Reform Act of 1998 (commonly +known as the Electronic Tax Administration Advisory Committee) studies +(including by providing organized public forums) and makes +recommendations to the Secretary regarding methods to prevent identity +theft and refund fraud. + +SEC. 2003. INFORMATION SHARING AND ANALYSIS CENTER. + + (a) In General.--The Secretary of the Treasury (or the Secretary's +delegate) may participate in an information sharing and analysis center +to centralize, standardize, and enhance data compilation and analysis +to facilitate sharing actionable data and information with respect to +identity theft tax refund fraud. + (b) Development of Performance Metrics.--The Secretary of the +Treasury (or the Secretary's delegate) shall develop metrics for +measuring the success of such center in detecting and preventing +identity theft tax refund fraud. + (c) Disclosure.-- + (1) In general.--Section 6103(k), as amended by this Act, + is amended by adding at the end the following new paragraph: + ``(14) Disclosure of return information for purposes of + cybersecurity and the prevention of identity theft tax refund + fraud.-- + ``(A) In general.--Under such procedures and + subject to such conditions as the Secretary may + prescribe, the Secretary may disclose specified return + information to specified ISAC participants to the + extent that the Secretary determines such disclosure is + in furtherance of effective Federal tax administration + relating to the detection or prevention of identity + theft tax refund fraud, validation of taxpayer + identity, authentication of taxpayer returns, or + detection or prevention of cybersecurity threats. + ``(B) Specified isac participants.--For purposes of + this paragraph-- + ``(i) In general.--The term `specified ISAC + participant' means-- + ``(I) any person designated by the + Secretary as having primary + responsibility for a function performed + with respect to the information sharing + and analysis center described in + section 2003(a) of the Taxpayer First + Act, and + ``(II) any person subject to the + requirements of section 7216 and which + is a participant in such information + sharing and analysis center. + ``(ii) Information sharing agreement.--Such + term shall not include any person unless such + person has entered into a written agreement + with the Secretary setting forth the terms and + conditions for the disclosure of information to + such person under this paragraph, including + requirements regarding the protection and + safeguarding of such information by such + person. + ``(C) Specified return information.--For purposes + of this paragraph, the term `specified return + information' means-- + ``(i) in the case of a return which is in + connection with a case of potential identity + theft refund fraud-- + ``(I) in the case of such return + filed electronically, the internet + protocol address, device + identification, email domain name, + speed of completion, method of + authentication, refund method, and such + other return information related to the + electronic filing characteristics of + such return as the Secretary may + identify for purposes of this + subclause, and + ``(II) in the case of such return + prepared by a tax return preparer, + identifying information with respect to + such tax return preparer, including the + preparer taxpayer identification number + and electronic filer identification + number of such preparer, + ``(ii) in the case of a return which is in + connection with a case of a identity theft + refund fraud which has been confirmed by the + Secretary (pursuant to such procedures as the + Secretary may provide), the information + referred to in subclauses (I) and (II) of + clause (i), the name and taxpayer + identification number of the taxpayer as it + appears on the return, and any bank account and + routing information provided for making a + refund in connection with such return, and + ``(iii) in the case of any cybersecurity + threat to the Internal Revenue Service, + information similar to the information + described in subclauses (I) and (II) of clause + (i) with respect to such threat. + ``(D) Restriction on use of disclosed + information.-- + ``(i) Designated third parties.--Any return + information received by a person described in + subparagraph (B)(i)(I) shall be used only for + the purposes of and to the extent necessary + in-- + ``(I) performing the function such + person is designated to perform under + such subparagraph, + ``(II) facilitating disclosures + authorized under subparagraph (A) to + persons described in subparagraph + (B)(i)(II), and + ``(III) facilitating disclosures + authorized under subsection (d) to + participants in such information + sharing and analysis center. + ``(ii) Return preparers.--Any return + information received by a person described in + subparagraph (B)(i)(II) shall be treated for + purposes of section 7216 as information + furnished to such person for, or in connection + with, the preparation of a return of the tax + imposed under chapter 1. + ``(E) Data protection and safeguards.--Return + information disclosed under this paragraph shall be + subject to such protections and safeguards as the + Secretary may require in regulations or other guidance + or in the written agreement referred to in subparagraph + (B)(ii). Such written agreement shall include a + requirement that any unauthorized access to information + disclosed under this paragraph, and any breach of any + system in which such information is held, be reported + to the Treasury Inspector General for Tax + Administration.''. + (2) Application of civil and criminal penalties.-- + (A) Section 6103(a)(3), as amended by this Act, is + amended by striking ``or (13)'' and inserting ``, (13), + or (14)''. + (B) Section 7213(a)(2), as amended by this Act, is + amended by striking ``or (13)'' and inserting ``, (13), + or (14)''. + +SEC. 2004. COMPLIANCE BY CONTRACTORS WITH CONFIDENTIALITY SAFEGUARDS. + + (a) In General.--Section 6103(p) is amended by adding at the end +the following new paragraph: + ``(9) Disclosure to contractors and other agents.-- + Notwithstanding any other provision of this section, no return + or return information shall be disclosed to any contractor or + other agent of a Federal, State, or local agency unless such + agency, to the satisfaction of the Secretary-- + ``(A) has requirements in effect which require each + such contractor or other agent which would have access + to returns or return information to provide safeguards + (within the meaning of paragraph (4)) to protect the + confidentiality of such returns or return information, + ``(B) agrees to conduct an on-site review every 3 + years (or a mid-point review in the case of contracts + or agreements of less than 3 years in duration) of each + contractor or other agent to determine compliance with + such requirements, + ``(C) submits the findings of the most recent + review conducted under subparagraph (B) to the + Secretary as part of the report required by paragraph + (4)(E), and + ``(D) certifies to the Secretary for the most + recent annual period that such contractor or other + agent is in compliance with all such requirements. + The certification required by subparagraph (D) shall include + the name and address of each contractor or other agent, a + description of the contract or agreement with such contractor + or other agent, and the duration of such contract or agreement. + The requirements of this paragraph shall not apply to + disclosures pursuant to subsection (n) for purposes of Federal + tax administration.''. + (b) Conforming Amendment.--Section 6103(p)(8)(B) is amended by +inserting ``or paragraph (9)'' after ``subparagraph (A)''. + (c) Effective Date.--The amendments made by this section shall +apply to disclosures made after December 31, 2022. + +SEC. 2005. IDENTITY PROTECTION PERSONAL IDENTIFICATION NUMBERS. + + (a) In General.--Subject to subsection (b), the Secretary of the +Treasury or the Secretary's delegate (hereafter referred to in this +section as the ``Secretary'') shall establish a program to issue, upon +the request of any individual, a number which may be used in connection +with such individual's social security number (or other identifying +information with respect to such individual as determined by the +Secretary) to assist the Secretary in verifying such individual's +identity. + (b) Requirements.-- + (1) Annual expansion.--For each calendar year beginning + after the date of the enactment of this Act, the Secretary + shall provide numbers through the program described in + subsection (a) to individuals residing in such States as the + Secretary deems appropriate, provided that the total number of + States served by such program during such year is greater than + the total number of States served by such program during the + preceding year. + (2) Nationwide availability.--Not later than 5 years after + the date of the enactment of this Act, the Secretary shall + ensure that the program described in subsection (a) is made + available to any individual residing in the United States. + +SEC. 2006. SINGLE POINT OF CONTACT FOR TAX-RELATED IDENTITY THEFT + VICTIMS. + + (a) In General.--The Secretary of the Treasury (or the Secretary's +delegate) shall establish and implement procedures to ensure that any +taxpayer whose return has been delayed or otherwise adversely affected +due to tax-related identity theft has a single point of contact at the +Internal Revenue Service throughout the processing of the taxpayer's +case. The single point of contact shall track the taxpayer's case to +completion and coordinate with other Internal Revenue Service employees +to resolve case issues as quickly as possible. + (b) Single Point of Contact.-- + (1) In general.--For purposes of subsection (a), the single + point of contact shall consist of a team or subset of specially + trained employees who-- + (A) have the ability to work across functions to + resolve the issues involved in the taxpayer's case; and + (B) shall be accountable for handling the case + until its resolution. + (2) Team or subset.--The employees included within the team + or subset described in paragraph (1) may change as required to + meet the needs of the Internal Revenue Service, provided that + procedures have been established to-- + (A) ensure continuity of records and case history; + and + (B) notify the taxpayer when appropriate. + +SEC. 2007. NOTIFICATION OF SUSPECTED IDENTITY THEFT. + + (a) In General.--Chapter 77 is amended by adding at the end the +following new section: + +``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT. + + ``(a) In General.--If the Secretary determines that there has been +or may have been an unauthorized use of the identity of any individual, +the Secretary shall, without jeopardizing an investigation relating to +tax administration-- + ``(1) as soon as practicable-- + ``(A) notify the individual of such determination, + ``(B) provide instructions on how to file a report + with law enforcement regarding the unauthorized use, + ``(C) identify any steps to be taken by the + individual to permit law enforcement to access personal + information of the individual during the investigation, + ``(D) provide information regarding actions the + individual may take in order to protect the individual + from harm relating to the unauthorized use, and + ``(E) offer identity protection measures to the + individual, such as the use of an identity protection + personal identification number, and + ``(2) at the time the information described in paragraph + (1) is provided (or, if not available at such time, as soon as + practicable thereafter), issue additional notifications to such + individual (or such individual's designee) regarding-- + ``(A) whether an investigation has been initiated + in regards to such unauthorized use, + ``(B) whether the investigation substantiated an + unauthorized use of the identity of the individual, and + ``(C) whether-- + ``(i) any action has been taken against a + person relating to such unauthorized use, or + ``(ii) any referral has been made for + criminal prosecution of such person and, to the + extent such information is available, whether + such person has been criminally charged by + indictment or information. + ``(b) Employment-Related Identity Theft.-- + ``(1) In general.--For purposes of this section, the + unauthorized use of the identity of an individual includes the + unauthorized use of the identity of the individual to obtain + employment. + ``(2) Determination of employment-related identity theft.-- + For purposes of this section, in making a determination as to + whether there has been or may have been an unauthorized use of + the identity of an individual to obtain employment, the + Secretary shall review any information-- + ``(A) obtained from a statement described in + section 6051 or an information return relating to + compensation for services rendered other than as an + employee, or + ``(B) provided to the Internal Revenue Service by + the Social Security Administration regarding any + statement described in section 6051, + which indicates that the social security account number + provided on such statement or information return does not + correspond with the name provided on such statement or + information return or the name on the tax return reporting the + income which is included on such statement or information + return.''. + (b) Additional Measures.-- + (1) Examination of both paper and electronic statements and + returns.--The Secretary of the Treasury (or the Secretary's + delegate) shall examine the statements, information returns, + and tax returns described in section 7529(b)(2) of the Internal + Revenue Code of 1986 (as added by subsection (a)) for any + evidence of employment-related identity theft, regardless of + whether such statements or returns are submitted electronically + or on paper. + (2) Improvement of effective return processing program with + social security administration.--Section 232 of the Social + Security Act (42 U.S.C. 432) is amended by inserting after the + third sentence the following: ``For purposes of carrying out + the return processing program described in the preceding + sentence, the Commissioner of Social Security shall request, + not less than annually, such information described in section + 7529(b)(2) of the Internal Revenue Code of 1986 as may be + necessary to ensure the accuracy of the records maintained by + the Commissioner of Social Security related to the amounts of + wages paid to, and the amounts of self-employment income + derived by, individuals.''. + (3) Underreporting of income.--The Secretary of the + Treasury (or the Secretary's delegate) shall establish + procedures to ensure that income reported in connection with + the unauthorized use of a taxpayer's identity is not taken into + account in determining any penalty for underreporting of income + by the victim of identity theft. + (c) Clerical Amendment.--The table of sections for chapter 77 is +amended by adding at the end the following new item: + +``Sec. 7529. Notification of suspected identity theft.''. + (d) Effective Date.--The amendments made by this section shall +apply to determinations made after the date that is 6 months after the +date of the enactment of this Act. + +SEC. 2008. GUIDELINES FOR STOLEN IDENTITY REFUND FRAUD CASES. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Secretary of the Treasury (or the +Secretary's delegate), in consultation with the National Taxpayer +Advocate, shall develop and implement publicly available guidelines for +management of cases involving stolen identity refund fraud in a manner +that reduces the administrative burden on taxpayers who are victims of +such fraud. + (b) Standards and Procedures To Be Considered.--The guidelines +described in subsection (a) may include-- + (1) standards for-- + (A) the average length of time in which a case + involving stolen identity refund fraud should be + resolved; + (B) the maximum length of time, on average, a + taxpayer who is a victim of stolen identity refund + fraud and is entitled to a tax refund which has been + stolen should have to wait to receive such refund; and + (C) the maximum number of offices and employees + within the Internal Revenue Service with whom a + taxpayer who is a victim of stolen identity refund + fraud should be required to interact in order to + resolve a case; + (2) standards for opening, assigning, reassigning, or + closing a case involving stolen identity refund fraud; and + (3) procedures for implementing and accomplishing the + standards described in paragraphs (1) and (2), and measures for + evaluating such procedures and determining whether such + standards have been successfully implemented. + +SEC. 2009. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF + INFORMATION BY PREPARERS OF RETURNS. + + (a) In General.--Section 6713 is amended-- + (1) by redesignating subsections (b) and (c) as subsections + (c) and (d), respectively; and + (2) by inserting after subsection (a) the following new + subsection: + ``(b) Enhanced Penalty for Improper Use or Disclosure Relating to +Identity Theft.-- + ``(1) In general.--In the case of a disclosure or use + described in subsection (a) that is made in connection with a + crime relating to the misappropriation of another person's + taxpayer identity (as defined in section 6103(b)(6)), whether + or not such crime involves any tax filing, subsection (a) shall + be applied-- + ``(A) by substituting `$1,000' for `$250', and + ``(B) by substituting `$50,000' for `$10,000'. + ``(2) Separate application of total penalty limitation.-- + The limitation on the total amount of the penalty under + subsection (a) shall be applied separately with respect to + disclosures or uses to which this subsection applies and to + which it does not apply.''. + (b) Criminal Penalty.--Section 7216(a) is amended by striking +``$1,000'' and inserting ``$1,000 ($100,000 in the case of a disclosure +or use to which section 6713(b) applies)''. + (c) Effective Date.--The amendments made by this section shall +apply to disclosures or uses on or after the date of the enactment of +this Act. + + Subtitle B--Development of Information Technology + +SEC. 2101. MANAGEMENT OF INTERNAL REVENUE SERVICE INFORMATION + TECHNOLOGY. + + (a) Duties and Responsibilities of Internal Revenue Service Chief +Information Officer.--Section 7803, as amended by section 1001, is +amended by adding at the end the following new subsection: + ``(f) Internal Revenue Service Chief Information Officer.-- + ``(1) In general.--There shall be in the Internal Revenue + Service an Internal Revenue Service Chief Information Officer + (hereafter referred to in this subsection as the `IRS CIO') who + shall be appointed by the Commissioner of Internal Revenue. + ``(2) Centralized responsibility for internal revenue + service information technology.--The Commissioner of Internal + Revenue (and the Secretary) shall act through the IRS CIO with + respect to all development, implementation, and maintenance of + information technology for the Internal Revenue Service. Any + reference in this subsection to the IRS CIO which directs the + IRS CIO to take any action, or to assume any responsibility, + shall be treated as a reference to the Commissioner of Internal + Revenue acting through the IRS CIO. + ``(3) General duties and responsibilities.--The IRS CIO + shall-- + ``(A) be responsible for the development, + implementation, and maintenance of information + technology for the Internal Revenue Service, + ``(B) ensure that the information technology of the + Internal Revenue Service is secure and integrated, + ``(C) maintain operational control of all + information technology for the Internal Revenue + Service, + ``(D) be the principal advocate for the information + technology needs of the Internal Revenue Service, and + ``(E) consult with the Chief Procurement Officer of + the Internal Revenue Service to ensure that the + information technology acquired for the Internal + Revenue Service is consistent with-- + ``(i) the goals and requirements specified + in subparagraphs (A) through (D), and + ``(ii) the strategic plan developed under + paragraph (4). + ``(4) Strategic plan.-- + ``(A) In general.--The IRS CIO shall develop and + implement a multiyear strategic plan for the + information technology needs of the Internal Revenue + Service. Such plan shall-- + ``(i) include performance measurements of + such technology and of the implementation of + such plan, + ``(ii) include a plan for an integrated + enterprise architecture of the information + technology of the Internal Revenue Service, + ``(iii) include and take into account the + resources needed to accomplish such plan, + ``(iv) take into account planned major + acquisitions of information technology by the + Internal Revenue Service, and + ``(v) align with the needs and strategic + plan of the Internal Revenue Service. + ``(B) Plan updates.--The IRS CIO shall, not less + frequently than annually, review and update the + strategic plan under subparagraph (A) (including the + plan for an integrated enterprise architecture + described in subparagraph (A)(ii)) to take into account + the development of new information technology and the + needs of the Internal Revenue Service. + ``(5) Scope of authority.-- + ``(A) Information technology.--For purposes of this + subsection, the term `information technology' has the + meaning given such term by section 11101 of title 40, + United States Code. + ``(B) Internal revenue service.--Any reference in + this subsection to the Internal Revenue Service + includes a reference to all components of the Internal + Revenue Service, including-- + ``(i) the Office of the Taxpayer Advocate, + ``(ii) the Criminal Investigation Division + of the Internal Revenue Service, and + ``(iii) except as otherwise provided by the + Secretary with respect to information + technology related to matters described in + subsection (b)(3)(B), the Office of the Chief + Counsel.''. + (b) Independent Verification and Validation of the Customer Account +Data Engine 2 and Enterprise Case Management System.-- + (1) In general.--The Commissioner of Internal Revenue shall + enter into a contract with an independent reviewer to verify + and validate the implementation plans (including the + performance milestones and cost estimates included in such + plans) developed for the Customer Account Data Engine 2 and the + Enterprise Case Management System. + (2) Deadline for completion.--Such contract shall require + that such verification and validation be completed not later + than the date which is 1 year after the date of the enactment + of this Act. + (3) Application to phases of cade 2.-- + (A) In general.--Paragraphs (1) and (2) shall not + apply to phase 1 of the Customer Account Data Engine 2 + and shall apply separately to each other phase. + (B) Deadline for completing plans.--Not later than + 1 year after the date of the enactment of this Act, the + Commissioner of Internal Revenue shall complete the + development of plans for all phases of the Customer + Account Data Engine 2. + (C) Deadline for completion of verification and + validation of plans.--In the case of any phase after + phase 2 of the Customer Account Data Engine 2, + paragraph (2) shall be applied by substituting ``the + date on which the plan for such phase was completed'' + for ``the date of the enactment of this Act''. + (c) Coordination of IRS CIO and Chief Procurement Officer of the +Internal Revenue Service.-- + (1) In general.--The Chief Procurement Officer of the + Internal Revenue Service shall-- + (A) identify all significant IRS information + technology acquisitions and provide written + notification to the Internal Revenue Service Chief + Information Officer (hereafter referred to in this + subsection as the ``IRS CIO'') of each such acquisition + in advance of such acquisition, and + (B) regularly consult with the IRS CIO regarding + acquisitions of information technology for the Internal + Revenue Service, including meeting with the IRS CIO + regarding such acquisitions upon request. + (2) Significant irs information technology acquisitions.-- + For purposes of this subsection, the term ``significant IRS + information technology acquisitions'' means-- + (A) any acquisition of information technology for + the Internal Revenue Service in excess of $1,000,000; + and + (B) such other acquisitions of information + technology for the Internal Revenue Service (or + categories of such acquisitions) as the IRS CIO, in + consultation with the Chief Procurement Officer of the + Internal Revenue Service, may identify. + (3) Scope.--Terms used in this subsection which are also + used in section 7803(f) of the Internal Revenue Code of 1986 + (as added by subsection (a)) shall have the same meaning as + when used in such section. + +SEC. 2102. INTERNET PLATFORM FOR FORM 1099 FILINGS. + + (a) In General.--Not later than January 1, 2023, the Secretary of +the Treasury or the Secretary's delegate (hereafter referred to in this +section as the ``Secretary'') shall make available an internet website +or other electronic media, with a user interface and functionality +similar to the Business Services Online Suite of Services provided by +the Social Security Administration, that provides access to resources +and guidance provided by the Internal Revenue Service and allows +persons to-- + (1) prepare and file Forms 1099; + (2) prepare Forms 1099 for distribution to recipients other + than the Internal Revenue Service; and + (3) maintain a record of completed, filed, and distributed + Forms 1099. + (b) Electronic Services Treated as Supplemental; Application of +Security Standards.--The Secretary shall ensure that the services +described in subsection (a)-- + (1) are a supplement to, and not a replacement for, other + services provided by the Internal Revenue Service to taxpayers; + and + (2) comply with applicable security standards and + guidelines. + +SEC. 2103. STREAMLINED CRITICAL PAY AUTHORITY FOR INFORMATION + TECHNOLOGY POSITIONS. + + (a) In General.--Subchapter A of chapter 80 is amended by adding at +the end the following new section: + +``SEC. 7812. STREAMLINED CRITICAL PAY AUTHORITY FOR INFORMATION + TECHNOLOGY POSITIONS. + + ``In the case of any position which is critical to the +functionality of the information technology operations of the Internal +Revenue Service-- + ``(1) section 9503 of title 5, United States Code, shall be + applied-- + ``(A) by substituting `during the period beginning + on the date of the enactment of section 7812 of the + Internal Revenue Code of 1986, and ending on September + 30, 2025' for `Before September 30, 2013 in subsection + (a)', + ``(B) without regard to subparagraph (B) of + subsection (a)(1), and + ``(C) by substituting `the date of the enactment of + the Taxpayer First Act' for `June 1, 1998' in + subsection (a)(6), + ``(2) section 9504 of such title 5 shall be applied by + substituting `During the period beginning on the date of the + enactment of section 7812 of the Internal Revenue Code of 1986, + and ending on September 30, 2025' for `Before September 30, + 2013' each place it appears in subsections (a) and (b), and + ``(3) section 9505 of such title shall be applied-- + ``(A) by substituting `During the period beginning + on the date of the enactment of section 7812 of the + Internal Revenue Code of 1986, and ending on September + 30, 2025' for `Before September 30, 2013' in subsection + (a), and + ``(B) by substituting `the information technology + operations' for `significant functions' in subsection + (a).''. + (b) Clerical Amendment.--The table of sections for subchapter A of +chapter 80 is amended by adding at the end the following new item: + +``Sec. 7812. Streamlined critical pay authority for information + technology positions.''. + + Subtitle C--Modernization of Consent-Based Income Verification System + +SEC. 2201. DISCLOSURE OF TAXPAYER INFORMATION FOR THIRD-PARTY INCOME + VERIFICATION. + + (a) In General.--Not later than 1 year after the close of the 2- +year period described in subsection (d)(1), the Secretary of the +Treasury or the Secretary's delegate (hereafter referred to in this +section as the ``Secretary'') shall implement a program to ensure that +any qualified disclosure-- + (1) is fully automated and accomplished through the + internet; and + (2) is accomplished in as close to real-time as is + practicable. + (b) Qualified Disclosure.--For purposes of this section, the term +``qualified disclosure'' means a disclosure under section 6103(c) of +the Internal Revenue Code of 1986 of returns or return information by +the Secretary to a person seeking to verify the income or +creditworthiness of a taxpayer who is a borrower in the process of a +loan application. + (c) Application of Security Standards.--The Secretary shall ensure +that the program described in subsection (a) complies with applicable +security standards and guidelines. + (d) User Fee.-- + (1) In general.--During the 2-year period beginning on the + first day of the 6th calendar month beginning after the date of + the enactment of this Act, the Secretary shall assess and + collect a fee for qualified disclosures (in addition to any + other fee assessed and collected for such disclosures) at such + rates as the Secretary determines are sufficient to cover the + costs related to implementing the program described in + subsection (a), including the costs of any necessary + infrastructure or technology. + (2) Deposit of collections.--Amounts received from fees + assessed and collected under paragraph (1) shall be deposited + in, and credited to, an account solely for the purpose of + carrying out the activities described in subsection (a). Such + amounts shall be available to carry out such activities without + need of further appropriation and without fiscal year + limitation. + +SEC. 2202. LIMIT REDISCLOSURES AND USES OF CONSENT-BASED DISCLOSURES OF + TAX RETURN INFORMATION. + + (a) In General.--Section 6103(c) is amended by adding at the end +the following: ``Persons designated by the taxpayer under this +subsection to receive return information shall not use the information +for any purpose other than the express purpose for which consent was +granted and shall not disclose return information to any other person +without the express permission of, or request by, the taxpayer.''. + (b) Application of Penalties.--Section 6103(a)(3) is amended by +inserting ``subsection (c),'' after ``return information under''. + (c) Effective Date.--The amendments made by this section shall +apply to disclosures made after the date which is 180 days after the +date of the enactment of this Act. + + Subtitle D--Expanded Use of Electronic Systems + +SEC. 2301. ELECTRONIC FILING OF RETURNS. + + (a) In General.--Section 6011(e)(2)(A) is amended by striking +``250'' and inserting ``the applicable number of''. + (b) Applicable Number.--Section 6011(e) is amended by striking +paragraph (5) and inserting the following new paragraphs: + ``(5) Applicable number.-- + ``(A) In general.--For purposes of paragraph + (2)(A), the applicable number shall be-- + ``(i) except as provided in subparagraph + (B), in the case of calendar years before 2021, + 250, + ``(ii) in the case of calendar year 2021, + 100, and + ``(iii) in the case of calendar years after + 2021, 10. + ``(B) Special rule for partnerships for 2018, 2019, + 2020, and 2021.--In the case of a partnership, for any + calendar year before 2022, the applicable number shall + be-- + ``(i) in the case of calendar year 2018, + 200, + ``(ii) in the case of calendar year 2019, + 150, + ``(iii) in the case of calendar year 2020, + 100, and + ``(iv) in the case of calendar year 2021, + 50. + ``(6) Partnerships required to file on magnetic media.-- + Notwithstanding paragraph (2)(A), the Secretary shall require + partnerships having more than 100 partners to file returns on + magnetic media.''. + (c) Returns Filed by a Tax Return Preparer.--Section 6011(e)(3) is +amended by adding at the end the following new subparagraph: + ``(D) Exception for certain preparers located in + areas without internet access.--The Secretary may waive + the requirement of subparagraph (A) if the Secretary + determines, on the basis of an application by the tax + return preparer, that the preparer cannot meet such + requirement by reason of being located in a geographic + area which does not have access to internet service + (other than dial-up or satellite service).''. + (d) Conforming Amendment.--Section 6724(c) is amended by striking +``250 information returns (more than 100 information returns in the +case of a partnership having more than 100 partners)'' and inserting +``the applicable number (determined under section 6011(e)(5) with +respect to the calendar year to which such returns relate) of +information returns''. + (e) Effective Date.--The amendments made by this section shall take +effect on the date of the enactment of this Act. + +SEC. 2302. UNIFORM STANDARDS FOR THE USE OF ELECTRONIC SIGNATURES FOR + DISCLOSURE AUTHORIZATIONS TO, AND OTHER AUTHORIZATIONS + OF, PRACTITIONERS. + + Section 6061(b)(3) is amended to read as follows: + ``(3) Published guidance.-- + ``(A) In general.--The Secretary shall publish + guidance as appropriate to define and implement any + waiver of the signature requirements or any method + adopted under paragraph (1). + ``(B) Electronic signatures for disclosure + authorizations to, and other authorizations of, + practitioners.--Not later than 6 months after the date + of the enactment of this subparagraph, the Secretary + shall publish guidance to establish uniform standards + and procedures for the acceptance of taxpayers' + signatures appearing in electronic form with respect to + any request for disclosure of a taxpayer's return or + return information under section 6103(c) to a + practitioner or any power of attorney granted by a + taxpayer to a practitioner. + ``(C) Practitioner.--For purposes of subparagraph + (B), the term `practitioner' means any individual in + good standing who is regulated under section 330 of + title 31, United States Code.''. + +SEC. 2303. PAYMENT OF TAXES BY DEBIT AND CREDIT CARDS. + + Section 6311(d)(2) is amended by adding at the end the following: +``The preceding sentence shall not apply to the extent that the +Secretary ensures that any such fee or other consideration is fully +recouped by the Secretary in the form of fees paid to the Secretary by +persons paying taxes imposed under subtitle A with credit, debit, or +charge cards pursuant to such contract. Notwithstanding the preceding +sentence, the Secretary shall seek to minimize the amount of any fee or +other consideration that the Secretary pays under any such contract.''. + +SEC. 2304. AUTHENTICATION OF USERS OF ELECTRONIC SERVICES ACCOUNTS. + + Beginning 180 days after the date of the enactment of this Act, the +Secretary of the Treasury (or the Secretary's delegate) shall verify +the identity of any individual opening an e-Services account with the +Internal Revenue Service before such individual is able to use the e- +Services tools. + + Subtitle E--Other Provisions + +SEC. 2401. REPEAL OF PROVISION REGARDING CERTAIN TAX COMPLIANCE + PROCEDURES AND REPORTS. + + Section 2004 of the Internal Revenue Service Restructuring and +Reform Act of 1998 (26 U.S.C. 6012 note) is repealed. + +SEC. 2402. COMPREHENSIVE TRAINING STRATEGY. + + Not later than 1 year after the date of the enactment of this Act, +the Commissioner of Internal Revenue shall submit to Congress a written +report providing a comprehensive training strategy for employees of the +Internal Revenue Service, including-- + (1) a plan to streamline current training processes, + including an assessment of the utility of further consolidating + internal training programs, technology, and funding; + (2) a plan to develop annual training regarding taxpayer + rights, including the role of the Office of the Taxpayer + Advocate, for employees that interface with taxpayers and the + direct managers of such employees; + (3) a plan to improve technology-based training; + (4) proposals to-- + (A) focus employee training on early, fair, and + efficient resolution of taxpayer disputes for employees + that interface with taxpayers and the direct managers + of such employees; and + (B) ensure consistency of skill development and + employee evaluation throughout the Internal Revenue + Service; and + (5) a thorough assessment of the funding necessary to + implement such strategy. + + TITLE III--MISCELLANEOUS PROVISIONS + +Subtitle A--Reform of Laws Governing Internal Revenue Service Employees + +SEC. 3001. PROHIBITION ON REHIRING ANY EMPLOYEE OF THE INTERNAL REVENUE + SERVICE WHO WAS INVOLUNTARILY SEPARATED FROM SERVICE FOR + MISCONDUCT. + + (a) In General.--Section 7804 is amended by adding at the end the +following new subsection: + ``(d) Prohibition on Rehiring Employees Involuntarily Separated.-- +The Commissioner may not hire any individual previously employed by the +Commissioner who was removed for misconduct under this subchapter or +chapter 43 or chapter 75 of title 5, United States Code, or whose +employment was terminated under section 1203 of the Internal Revenue +Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note).''. + (b) Effective Date.--The amendment made by subsection (a) shall +apply with respect to the hiring of employees after the date of the +enactment of this Act. + +SEC. 3002. NOTIFICATION OF UNAUTHORIZED INSPECTION OR DISCLOSURE OF + RETURNS AND RETURN INFORMATION. + + (a) In General.--Subsection (e) of section 7431 is amended by +adding at the end the following new sentences: ``The Secretary shall +also notify such taxpayer if the Internal Revenue Service or a Federal +or State agency (upon notice to the Secretary by such Federal or State +agency) proposes an administrative determination as to disciplinary or +adverse action against an employee arising from the employee's +unauthorized inspection or disclosure of the taxpayer's return or +return information. The notice described in this subsection shall +include the date of the unauthorized inspection or disclosure and the +rights of the taxpayer under such administrative determination.''. + (b) Effective Date.--The amendment made by this section shall apply +to determinations proposed after the date which is 180 days after the +date of the enactment of this Act. + + Subtitle B--Provisions Relating to Exempt Organizations + +SEC. 3101. MANDATORY E-FILING BY EXEMPT ORGANIZATIONS. + + (a) In General.--Section 6033 is amended by redesignating +subsection (n) as subsection (o) and by inserting after subsection (m) +the following new subsection: + ``(n) Mandatory Electronic Filing.--Any organization required to +file a return under this section shall file such return in electronic +form.''. + (b) Other Reports and Returns.-- + (1) Political organizations.--Section 527(j)(7) is amended + by striking ``if the organization has'' and all that follows + through ``such calendar year''. + (2) Unrelated business income tax returns.--Section 6011 is + amended by redesignating subsection (h) as subsection (i) and + by inserting after subsection (g) the following new subsection: + ``(h) Mandatory e-Filing of Unrelated Business Income Tax Return.-- +Any organization required to file an annual return under this section +which relates to any tax imposed by section 511 shall file such return +in electronic form.''. + (c) Inspection of Electronically Filed Annual Returns.--Section +6104(b) is amended by adding at the end the following: ``Any annual +return required to be filed electronically under section 6033(n) shall +be made available by the Secretary to the public as soon as practicable +in a machine readable format.''. + (d) Effective Date.-- + (1) In general.--Except as provided in paragraph (2), the + amendments made by this section shall apply to taxable years + beginning after the date of the enactment of this Act. + (2) Transitional relief.-- + (A) Small organizations.-- + (i) In general.--In the case of any small + organizations, or any other organizations for + which the Secretary of the Treasury or the + Secretary's delegate (hereafter referred to in + this paragraph as the ``Secretary'') determines + the application of the amendments made by this + section would cause undue burden without a + delay, the Secretary may delay the application + of such amendments, but such delay shall not + apply to any taxable year beginning on or after + the date that is 2 years after the enactment of + this Act. + (ii) Small organization.--For purposes of + clause (i), the term ``small organization'' + means any organization-- + (I) the gross receipts of which for + the taxable year are less than + $200,000; and + (II) the aggregate gross assets of + which at the end of the taxable year + are less than $500,000. + (B) Organizations filing form 990-t.--In the case + of any organization described in section 511(a)(2) of + the Internal Revenue Code of 1986 which is subject to + the tax imposed by section 511(a)(1) of such Code on + its unrelated business taxable income, or any + organization required to file a return under section + 6033 of such Code and include information under + subsection (e) thereof, the Secretary may delay the + application of the amendments made by this section, but + such delay shall not apply to any taxable year + beginning on or after the date that is 2 years after + the enactment of this Act. + +SEC. 3102. NOTICE REQUIRED BEFORE REVOCATION OF TAX-EXEMPT STATUS FOR + FAILURE TO FILE RETURN. + + (a) In General.--Section 6033(j)(1) is amended by striking ``If an +organization'' and inserting the following: + ``(A) Notice.--If an organization described in + subsection (a)(1) or (i) fails to file the annual + return or notice required under either subsection for 2 + consecutive years, the Secretary shall notify the + organization-- + ``(i) that the Internal Revenue Service has + no record of such a return or notice from such + organization for 2 consecutive years, and + ``(ii) about the revocation that will occur + under subparagraph (B) if the organization + fails to file such a return or notice by the + due date for the next such return or notice + required to be filed. + The notification under the preceding sentence shall + include information about how to comply with the filing + requirements under subsections (a)(1) and (i). + ``(B) Revocation.--If an organization''. + (b) Effective Date.--The amendment made by this section shall apply +to failures to file returns or notices for 2 consecutive years if the +return or notice for the second year is required to be filed after +December 31, 2019. + + Subtitle C--Revenue Provision + +SEC. 3201. INCREASE IN PENALTY FOR FAILURE TO FILE. + + (a) In General.--The second sentence of subsection (a) of section +6651 is amended by striking ``$205'' and inserting ``$330''. + (b) Inflation Adjustment.--Section 6651(j)(1) is amended-- + (1) by striking ``2014'' and inserting ``2020'', + (2) by striking ``$205'' and inserting ``$330'', and + (3) by striking ``2013'' and inserting ``2019''. + (c) Effective Date.--The amendments made by this section shall +apply to returns required to be filed after December 31, 2019. + + TITLE IV--BUDGETARY EFFECTS + +SEC. 4001. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + \ No newline at end of file From 2782e8264237bfaff9c6ee0082145573bfe2feef Mon Sep 17 00:00:00 2001 From: "Rep. Lewis, John [D-GA-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 301/984] House-3151: Engrossed in House --- bills_text/House-3151.txt | 55 +++++++++++++++++---------------------- 1 file changed, 24 insertions(+), 31 deletions(-) diff --git a/bills_text/House-3151.txt b/bills_text/House-3151.txt index 54afe77..f18f3fe 100644 --- a/bills_text/House-3151.txt +++ b/bills_text/House-3151.txt @@ -2,33 +2,9 @@ 1st Session H. R. 3151 -To amend the Internal Revenue Code of 1986 to modernize and improve the - Internal Revenue Service, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 6, 2019 - -Mr. Lewis (for himself, Mr. Kelly of Pennsylvania, Mr. Neal, Mr. Brady, - Ms. DelBene, Mrs. Walorski, Ms. Sanchez, Mr. LaHood, Mr. Suozzi, Mr. - Wenstrup, Ms. Judy Chu of California, Ms. Moore, Mr. Brendan F. Boyle -of Pennsylvania, Mr. Buchanan, Mr. Larson of Connecticut, Mr. Holding, -Mr. Danny K. Davis of Illinois, Mr. Higgins of New York, Ms. Sewell of - Alabama, Mr. Evans, Mr. Schneider, Mrs. Murphy, Mr. Gomez, Mr. - Horsford, Ms. Norton, Ms. Hill of California, Ms. Ocasio-Cortez, and - Mr. Taylor) introduced the following bill; which was referred to the - Committee on Ways and Means, and in addition to the Committees on the - Budget, and Financial Services, for a period to be subsequently - determined by the Speaker, in each case for consideration of such - provisions as fall within the jurisdiction of the committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -285,7 +261,7 @@ following new subsection: which the dispute relates, and ``(II) in the case of any other taxpayer, a taxpayer whose gross - receipts do not exceed $5,000,000 for + receipts do not exceed $5 million for the taxable year to which the dispute relates. ``(ii) Aggregation rule.--Rules similar to @@ -976,7 +952,7 @@ and members of underserved populations. award a multi-year grant not to exceed 3 years. ``(2) Aggregate limitation.--Unless otherwise provided by specific appropriation, the Secretary shall not allocate more - than $30,000,000 per fiscal year (exclusive of costs of + than $30 million per fiscal year (exclusive of costs of administering the program) to grants under this section. ``(g) Promotion of Programs.-- ``(1) In general.--The Secretary shall promote tax @@ -1795,7 +1771,7 @@ Internal Revenue Service.-- For purposes of this subsection, the term ``significant IRS information technology acquisitions'' means-- (A) any acquisition of information technology for - the Internal Revenue Service in excess of $1,000,000; + the Internal Revenue Service in excess of $1 million; and (B) such other acquisitions of information technology for the Internal Revenue Service (or @@ -1900,8 +1876,8 @@ that the program described in subsection (a) complies with applicable security standards and guidelines. (d) User Fee.-- (1) In general.--During the 2-year period beginning on the - first day of the 6th calendar month beginning after the date of - the enactment of this Act, the Secretary shall assess and + first day of the sixth calendar month beginning after the date + of the enactment of this Act, the Secretary shall assess and collect a fee for qualified disclosures (in addition to any other fee assessed and collected for such disclosures) at such rates as the Secretary determines are sufficient to cover the @@ -2215,4 +2191,21 @@ reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - \ No newline at end of file + + Passed the House of Representatives June 10, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3151 + +_______________________________________________________________________ + + AN ACT + +To amend the Internal Revenue Code of 1986 to modernize and improve the + Internal Revenue Service, and for other purposes. From 470b51417b948b8f7db9bf7ec4ad339c62c8eb9f Mon Sep 17 00:00:00 2001 From: "Rep. Lewis, John [D-GA-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 302/984] House-3151: Received in Senate --- bills_text/House-3151.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-3151.txt b/bills_text/House-3151.txt index f18f3fe..dc74b82 100644 --- a/bills_text/House-3151.txt +++ b/bills_text/House-3151.txt @@ -2,6 +2,16 @@ 1st Session H. R. 3151 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 11, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -2196,16 +2206,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 1st Session - - H. R. 3151 - -_______________________________________________________________________ - - AN ACT - -To amend the Internal Revenue Code of 1986 to modernize and improve the - Internal Revenue Service, and for other purposes. + Clerk. From 42e8aa221182588e062c750c65f03956e1efa0a3 Mon Sep 17 00:00:00 2001 From: "Rep. Lewis, John [D-GA-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 303/984] House-3151: Enrolled --- bills_text/House-3151.txt | 2988 +++++++++++++++++-------------------- 1 file changed, 1371 insertions(+), 1617 deletions(-) diff --git a/bills_text/House-3151.txt b/bills_text/House-3151.txt index dc74b82..04257e6 100644 --- a/bills_text/House-3151.txt +++ b/bills_text/House-3151.txt @@ -1,31 +1,28 @@ -116th CONGRESS - 1st Session - H. R. 3151 + H.R.3151 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - June 11, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To amend the Internal Revenue Code of 1986 to modernize and improve the - Internal Revenue Service, and for other purposes. + Internal Revenue Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; ETC. - (a) Short Title.--This Act may be cited as the ``Taxpayer First Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly @@ -37,268 +34,262 @@ provision of the Internal Revenue Code of 1986. follows: Sec. 1. Short title; etc. + TITLE I--PUTTING TAXPAYERS FIRST - Subtitle A--Independent Appeals Process + Subtitle A--Independent Appeals Process Sec. 1001. Establishment of Internal Revenue Service Independent Office - of Appeals. + of Appeals. + Subtitle B--Improved Service Sec. 1101. Comprehensive customer service strategy. Sec. 1102. Low-income exception for payments otherwise required in - connection with a submission of an offer- - in-compromise. + connection with a submission of an offer-in-compromise. + Subtitle C--Sensible Enforcement -Sec. 1201. Internal Revenue Service seizure requirements with respect - to structuring transactions. +Sec. 1201. Internal Revenue Service seizure requirements with respect to + structuring transactions. Sec. 1202. Exclusion of interest received in action to recover property - seized by the Internal Revenue Service - based on structuring transaction. + seized by the Internal Revenue Service based on structuring + transaction. Sec. 1203. Clarification of equitable relief from joint liability. Sec. 1204. Modification of procedures for issuance of third-party - summons. + summons. Sec. 1205. Private debt collection and special compliance personnel - program. + program. Sec. 1206. Reform of notice of contact of third parties. Sec. 1207. Modification of authority to issue designated summons. Sec. 1208. Limitation on access of non-Internal Revenue Service - employees to returns and return - information. + employees to returns and return information. + Subtitle D--Organizational Modernization Sec. 1301. Office of the National Taxpayer Advocate. Sec. 1302. Modernization of Internal Revenue Service organizational - structure. + structure. + Subtitle E--Other Provisions Sec. 1401. Return preparation programs for applicable taxpayers. Sec. 1402. Provision of information regarding low-income taxpayer - clinics. + clinics. Sec. 1403. Notice from IRS regarding closure of taxpayer assistance - centers. + centers. Sec. 1404. Rules for seizure and sale of perishable goods restricted to - only perishable goods. + only perishable goods. Sec. 1405. Whistleblower reforms. Sec. 1406. Customer service information. Sec. 1407. Misdirected tax refund deposits. + TITLE II--21ST CENTURY IRS - Subtitle A--Cybersecurity and Identity Protection + Subtitle A--Cybersecurity and Identity Protection Sec. 2001. Public-private partnership to address identity theft refund - fraud. + fraud. Sec. 2002. Recommendations of Electronic Tax Administration Advisory - Committee regarding identity theft refund - fraud. + Committee regarding identity theft refund fraud. Sec. 2003. Information sharing and analysis center. Sec. 2004. Compliance by contractors with confidentiality safeguards. Sec. 2005. Identity protection personal identification numbers. Sec. 2006. Single point of contact for tax-related identity theft - victims. + victims. Sec. 2007. Notification of suspected identity theft. Sec. 2008. Guidelines for stolen identity refund fraud cases. Sec. 2009. Increased penalty for improper disclosure or use of - information by preparers of returns. - Subtitle B--Development of Information Technology + information by preparers of returns. + + Subtitle B--Development of Information Technology Sec. 2101. Management of Internal Revenue Service information - technology. + technology. Sec. 2102. Internet platform for Form 1099 filings. -Sec. 2103. Streamlined critical pay authority for information - technology positions. - Subtitle C--Modernization of Consent-Based Income Verification System +Sec. 2103. Streamlined critical pay authority for information technology + positions. + + Subtitle C--Modernization of Consent-Based Income Verification System Sec. 2201. Disclosure of taxpayer information for third-party income - verification. + verification. Sec. 2202. Limit redisclosures and uses of consent-based disclosures of - tax return information. + tax return information. + Subtitle D--Expanded Use of Electronic Systems Sec. 2301. Electronic filing of returns. Sec. 2302. Uniform standards for the use of electronic signatures for - disclosure authorizations to, and other - authorizations of, practitioners. + disclosure authorizations to, and other authorizations of, + practitioners. Sec. 2303. Payment of taxes by debit and credit cards. Sec. 2304. Authentication of users of electronic services accounts. + Subtitle E--Other Provisions Sec. 2401. Repeal of provision regarding certain tax compliance - procedures and reports. + procedures and reports. Sec. 2402. Comprehensive training strategy. - TITLE III--MISCELLANEOUS PROVISIONS -Subtitle A--Reform of Laws Governing Internal Revenue Service Employees + TITLE III--MISCELLANEOUS PROVISIONS + + Subtitle A--Reform of Laws Governing Internal Revenue Service Employees Sec. 3001. Prohibition on rehiring any employee of the Internal Revenue - Service who was involuntarily separated - from service for misconduct. + Service who was involuntarily separated from service for + misconduct. Sec. 3002. Notification of unauthorized inspection or disclosure of - returns and return information. - Subtitle B--Provisions Relating to Exempt Organizations + returns and return information. + + Subtitle B--Provisions Relating to Exempt Organizations Sec. 3101. Mandatory e-filing by exempt organizations. Sec. 3102. Notice required before revocation of tax-exempt status for - failure to file return. - Subtitle C--Revenue Provision + failure to file return. + + Subtitle C--Revenue Provision Sec. 3201. Increase in penalty for failure to file. - TITLE IV--BUDGETARY EFFECTS + + TITLE IV--BUDGETARY EFFECTS Sec. 4001. Determination of budgetary effects. TITLE I--PUTTING TAXPAYERS FIRST - Subtitle A--Independent Appeals Process SEC. 1001. ESTABLISHMENT OF INTERNAL REVENUE SERVICE INDEPENDENT OFFICE - OF APPEALS. - +OF APPEALS. (a) In General.--Section 7803 is amended by adding at the end the following new subsection: ``(e) Independent Office of Appeals.-- - ``(1) Establishment.--There is established in the Internal - Revenue Service an office to be known as the `Internal Revenue - Service Independent Office of Appeals'. - ``(2) Chief of appeals.-- - ``(A) In general.--The Internal Revenue Service - Independent Office of Appeals shall be under the - supervision and direction of an official to be known as - the `Chief of Appeals'. The Chief of Appeals shall - report directly to the Commissioner of Internal Revenue - and shall be entitled to compensation at the same rate - as the highest rate of basic pay established for the - Senior Executive Service under section 5382 of title 5, - United States Code. - ``(B) Appointment.--The Chief of Appeals shall be - appointed by the Commissioner of Internal Revenue - without regard to the provisions of title 5, United - States Code, relating to appointments in the - competitive service or the Senior Executive Service. - ``(C) Qualifications.--An individual appointed - under subparagraph (B) shall have experience and - expertise in-- - ``(i) administration of, and compliance - with, Federal tax laws, - ``(ii) a broad range of compliance cases, - and - ``(iii) management of large service - organizations. - ``(3) Purposes and duties of office.--It shall be the - function of the Internal Revenue Service Independent Office of - Appeals to resolve Federal tax controversies without litigation - on a basis which-- - ``(A) is fair and impartial to both the Government - and the taxpayer, - ``(B) promotes a consistent application and - interpretation of, and voluntary compliance with, the - Federal tax laws, and - ``(C) enhances public confidence in the integrity - and efficiency of the Internal Revenue Service. - ``(4) Right of appeal.--The resolution process described in - paragraph (3) shall be generally available to all taxpayers. - ``(5) Limitation on designation of cases as not eligible - for referral to independent office of appeals.-- - ``(A) In general.--If any taxpayer which is in - receipt of a notice of deficiency authorized under - section 6212 requests referral to the Internal Revenue - Service Independent Office of Appeals and such request - is denied, the Commissioner of Internal Revenue shall - provide such taxpayer a written notice which-- - ``(i) provides a detailed description of - the facts involved, the basis for the decision - to deny the request, and a detailed explanation - of how the basis of such decision applies to - such facts, and - ``(ii) describes the procedures prescribed - under subparagraph (C) for protesting the - decision to deny the request. - ``(B) Report to congress.--The Commissioner of - Internal Revenue shall submit a written report to - Congress on an annual basis which includes the number - of requests described in subparagraph (A) which were - denied and the reasons (described by category) that - such requests were denied. - ``(C) Procedures for protesting denial of - request.--The Commissioner of Internal Revenue shall - prescribe procedures for protesting to the Commissioner - of Internal Revenue a denial of a request described in - subparagraph (A). - ``(D) Not applicable to frivolous positions.--This - paragraph shall not apply to a request for referral to - the Internal Revenue Service Independent Office of - Appeals which is denied on the basis that the issue - involved is a frivolous position (within the meaning of - section 6702(c)). - ``(6) Staff.-- - ``(A) In general.--All personnel in the Internal - Revenue Service Independent Office of Appeals shall - report to the Chief of Appeals. - ``(B) Access to staff of office of the chief - counsel.--The Chief of Appeals shall have authority to - obtain legal assistance and advice from the staff of - the Office of the Chief Counsel. The Chief Counsel - shall ensure, to the extent practicable, that such - assistance and advice is provided by staff of the - Office of the Chief Counsel who were not involved in - the case with respect to which such assistance and - advice is sought and who are not involved in preparing - such case for litigation. - ``(7) Access to case files.-- - ``(A) In general.--In any case in which a - conference with the Internal Revenue Service - Independent Office of Appeals has been scheduled upon - request of a specified taxpayer, the Chief of Appeals - shall ensure that such taxpayer is provided access to - the nonprivileged portions of the case file on record - regarding the disputed issues (other than documents - provided by the taxpayer to the Internal Revenue - Service) not later than 10 days before the date of such - conference. - ``(B) Taxpayer election to expedite conference.--If - the taxpayer so elects, subparagraph (A) shall be - applied by substituting `the date of such conference' - for `10 days before the date of such conference'. - ``(C) Specified taxpayer.--For purposes of this - paragraph-- - ``(i) In general.--The term `specified - taxpayer' means-- - ``(I) in the case of any taxpayer - who is a natural person, a taxpayer - whose adjusted gross income does not - exceed $400,000 for the taxable year to - which the dispute relates, and - ``(II) in the case of any other - taxpayer, a taxpayer whose gross - receipts do not exceed $5 million for - the taxable year to which the dispute - relates. - ``(ii) Aggregation rule.--Rules similar to - the rules of section 448(c)(2) shall apply for - purposes of clause (i)(II).''. + ``(1) Establishment.--There is established in the Internal + Revenue Service an office to be known as the `Internal Revenue + Service Independent Office of Appeals'. + ``(2) Chief of appeals.-- + ``(A) In general.--The Internal Revenue Service Independent + Office of Appeals shall be under the supervision and direction + of an official to be known as the `Chief of Appeals'. The Chief + of Appeals shall report directly to the Commissioner of + Internal Revenue and shall be entitled to compensation at the + same rate as the highest rate of basic pay established for the + Senior Executive Service under section 5382 of title 5, United + States Code. + ``(B) Appointment.--The Chief of Appeals shall be appointed + by the Commissioner of Internal Revenue without regard to the + provisions of title 5, United States Code, relating to + appointments in the competitive service or the Senior Executive + Service. + ``(C) Qualifications.--An individual appointed under + subparagraph (B) shall have experience and expertise in-- + ``(i) administration of, and compliance with, Federal + tax laws, + ``(ii) a broad range of compliance cases, and + ``(iii) management of large service organizations. + ``(3) Purposes and duties of office.--It shall be the function + of the Internal Revenue Service Independent Office of Appeals to + resolve Federal tax controversies without litigation on a basis + which-- + ``(A) is fair and impartial to both the Government and the + taxpayer, + ``(B) promotes a consistent application and interpretation + of, and voluntary compliance with, the Federal tax laws, and + ``(C) enhances public confidence in the integrity and + efficiency of the Internal Revenue Service. + ``(4) Right of appeal.--The resolution process described in + paragraph (3) shall be generally available to all taxpayers. + ``(5) Limitation on designation of cases as not eligible for + referral to independent office of appeals.-- + ``(A) In general.--If any taxpayer which is in receipt of a + notice of deficiency authorized under section 6212 requests + referral to the Internal Revenue Service Independent Office of + Appeals and such request is denied, the Commissioner of + Internal Revenue shall provide such taxpayer a written notice + which-- + ``(i) provides a detailed description of the facts + involved, the basis for the decision to deny the request, + and a detailed explanation of how the basis of such + decision applies to such facts, and + ``(ii) describes the procedures prescribed under + subparagraph (C) for protesting the decision to deny the + request. + ``(B) Report to congress.--The Commissioner of Internal + Revenue shall submit a written report to Congress on an annual + basis which includes the number of requests described in + subparagraph (A) which were denied and the reasons (described + by category) that such requests were denied. + ``(C) Procedures for protesting denial of request.--The + Commissioner of Internal Revenue shall prescribe procedures for + protesting to the Commissioner of Internal Revenue a denial of + a request described in subparagraph (A). + ``(D) Not applicable to frivolous positions.--This + paragraph shall not apply to a request for referral to the + Internal Revenue Service Independent Office of Appeals which is + denied on the basis that the issue involved is a frivolous + position (within the meaning of section 6702(c)). + ``(6) Staff.-- + ``(A) In general.--All personnel in the Internal Revenue + Service Independent Office of Appeals shall report to the Chief + of Appeals. + ``(B) Access to staff of office of the chief counsel.--The + Chief of Appeals shall have authority to obtain legal + assistance and advice from the staff of the Office of the Chief + Counsel. The Chief Counsel shall ensure, to the extent + practicable, that such assistance and advice is provided by + staff of the Office of the Chief Counsel who were not involved + in the case with respect to which such assistance and advice is + sought and who are not involved in preparing such case for + litigation. + ``(7) Access to case files.-- + ``(A) In general.--In any case in which a conference with + the Internal Revenue Service Independent Office of Appeals has + been scheduled upon request of a specified taxpayer, the Chief + of Appeals shall ensure that such taxpayer is provided access + to the nonprivileged portions of the case file on record + regarding the disputed issues (other than documents provided by + the taxpayer to the Internal Revenue Service) not later than 10 + days before the date of such conference. + ``(B) Taxpayer election to expedite conference.--If the + taxpayer so elects, subparagraph (A) shall be applied by + substituting `the date of such conference' for `10 days before + the date of such conference'. + ``(C) Specified taxpayer.--For purposes of this paragraph-- + ``(i) In general.--The term `specified taxpayer' + means-- + + ``(I) in the case of any taxpayer who is a natural + person, a taxpayer whose adjusted gross income does not + exceed $400,000 for the taxable year to which the + dispute relates, and + ``(II) in the case of any other taxpayer, a + taxpayer whose gross receipts do not exceed $5 million + for the taxable year to which the dispute relates. + + ``(ii) Aggregation rule.--Rules similar to the rules of + section 448(c)(2) shall apply for purposes of clause + (i)(II).''. (b) Conforming Amendments.-- - (1) The following provisions are each amended by striking - ``Internal Revenue Service Office of Appeals'' and inserting - ``Internal Revenue Service Independent Office of Appeals'': - (A) Section 6015(c)(4)(B)(ii)(I). - (B) Section 6320(b)(1). - (C) Subsections (b)(1) and (d)(3) of section 6330. - (D) Section 6603(d)(3)(B). - (E) Section 6621(c)(2)(A)(i). - (F) Section 7122(e)(2). - (G) Subsections (a), (b)(1), (b)(2), and (c)(1) of - section 7123. - (H) Subsections (c)(7)(B)(i) and (g)(2)(A) of - section 7430. - (I) Section 7522(b)(3). - (J) Section 7612(c)(2)(A). - (2) Section 7430(c)(2) is amended by striking ``Internal - Revenue Service Office of Appeals'' each place it appears and - inserting ``Internal Revenue Service Independent Office of - Appeals''. - (3) The heading of section 6330(d)(3) is amended by - inserting ``independent'' after ``irs''. + (1) The following provisions are each amended by striking + ``Internal Revenue Service Office of Appeals'' and inserting + ``Internal Revenue Service Independent Office of Appeals'': + (A) Section 6015(c)(4)(B)(ii)(I). + (B) Section 6320(b)(1). + (C) Subsections (b)(1) and (d)(3) of section 6330. + (D) Section 6603(d)(3)(B). + (E) Section 6621(c)(2)(A)(i). + (F) Section 7122(e)(2). + (G) Subsections (a), (b)(1), (b)(2), and (c)(1) of section + 7123. + (H) Subsections (c)(7)(B)(i) and (g)(2)(A) of section 7430. + (I) Section 7522(b)(3). + (J) Section 7612(c)(2)(A). + (2) Section 7430(c)(2) is amended by striking ``Internal + Revenue Service Office of Appeals'' each place it appears and + inserting ``Internal Revenue Service Independent Office of + Appeals''. + (3) The heading of section 6330(d)(3) is amended by inserting + ``independent'' after ``irs''. (c) Other References.--Any reference in any provision of law, or regulation or other guidance, to the Internal Revenue Service Office of Appeals shall be treated as a reference to the Internal Revenue Service @@ -308,43 +299,41 @@ Independent Office of Appeals. Restructuring and Reform Act of 1998 shall apply for purposes of this section (and the amendments made by this section). (e) Effective Date.-- - (1) In general.--Except as otherwise provided in this - subsection, the amendments made by this section shall take - effect on the date of the enactment of this Act. - (2) Access to case files.--Section 7803(e)(7) of the - Internal Revenue Code of 1986, as added by subsection (a), - shall apply to conferences occurring after the date which is 1 - year after the date of the enactment of this Act. + (1) In general.--Except as otherwise provided in this + subsection, the amendments made by this section shall take effect + on the date of the enactment of this Act. + (2) Access to case files.--Section 7803(e)(7) of the Internal + Revenue Code of 1986, as added by subsection (a), shall apply to + conferences occurring after the date which is 1 year after the date + of the enactment of this Act. Subtitle B--Improved Service SEC. 1101. COMPREHENSIVE CUSTOMER SERVICE STRATEGY. - (a) In General.--Not later than the date which is 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall submit to Congress a written comprehensive customer service strategy for the Internal Revenue Service. Such strategy shall include-- - (1) a plan to provide assistance to taxpayers that is - secure, designed to meet reasonable taxpayer expectations, and - adopts appropriate best practices of customer service provided - in the private sector, including online services, telephone - call back services, and training of employees providing - customer services; - (2) a thorough assessment of the services that the Internal - Revenue Service can co-locate with other Federal services or - offer as self-service options; - (3) proposals to improve Internal Revenue Service customer - service in the short term (the current and following fiscal - year), medium term (approximately 3 to 5 fiscal years), and - long term (approximately 10 fiscal years); - (4) a plan to update guidance and training materials for - customer service employees of the Internal Revenue Service, - including the Internal Revenue Manual, to reflect such - strategy; and - (5) identified metrics and benchmarks for quantitatively - measuring the progress of the Internal Revenue Service in - implementing such strategy. + (1) a plan to provide assistance to taxpayers that is secure, + designed to meet reasonable taxpayer expectations, and adopts + appropriate best practices of customer service provided in the + private sector, including online services, telephone call back + services, and training of employees providing customer services; + (2) a thorough assessment of the services that the Internal + Revenue Service can co-locate with other Federal services or offer + as self-service options; + (3) proposals to improve Internal Revenue Service customer + service in the short term (the current and following fiscal year), + medium term (approximately 3 to 5 fiscal years), and long term + (approximately 10 fiscal years); + (4) a plan to update guidance and training materials for + customer service employees of the Internal Revenue Service, + including the Internal Revenue Manual, to reflect such strategy; + and + (5) identified metrics and benchmarks for quantitatively + measuring the progress of the Internal Revenue Service in + implementing such strategy. (b) Updated Guidance and Training Materials.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall make available the updated @@ -354,20 +343,18 @@ training materials (including the Internal Revenue Manual) shall be written in a manner so as to be easily understood by customer service employees of the Internal Revenue Service and shall provide clear instructions. - SEC. 1102. LOW-INCOME EXCEPTION FOR PAYMENTS OTHERWISE REQUIRED IN - CONNECTION WITH A SUBMISSION OF AN OFFER-IN-COMPROMISE. - +CONNECTION WITH A SUBMISSION OF AN OFFER-IN-COMPROMISE. (a) In General.--Section 7122(c) is amended by adding at the end the following new paragraph: - ``(3) Exception for low-income taxpayers.--Paragraph (1), - and any user fee otherwise required in connection with the - submission of an offer-in-compromise, shall not apply to any - offer-in-compromise with respect to a taxpayer who is an - individual with adjusted gross income, as determined for the - most recent taxable year for which such information is - available, which does not exceed 250 percent of the applicable - poverty level (as determined by the Secretary).''. + ``(3) Exception for low-income taxpayers.--Paragraph (1), and + any user fee otherwise required in connection with the submission + of an offer-in-compromise, shall not apply to any offer-in- + compromise with respect to a taxpayer who is an individual with + adjusted gross income, as determined for the most recent taxable + year for which such information is available, which does not exceed + 250 percent of the applicable poverty level (as determined by the + Secretary).''. (b) Effective Date.--The amendment made by this section shall apply to offers-in-compromise submitted after the date of the enactment of this Act. @@ -375,74 +362,59 @@ this Act. Subtitle C--Sensible Enforcement SEC. 1201. INTERNAL REVENUE SERVICE SEIZURE REQUIREMENTS WITH RESPECT - TO STRUCTURING TRANSACTIONS. - +TO STRUCTURING TRANSACTIONS. Section 5317(c)(2) of title 31, United States Code, is amended-- - (1) by striking ``Any property'' and inserting the - following: - ``(A) In general.--Any property''; and - (2) by adding at the end the following: - ``(B) Internal revenue service seizure requirements - with respect to structuring transactions.-- - ``(i) Property derived from an illegal - source.--Property may only be seized by the - Internal Revenue Service pursuant to - subparagraph (A) by reason of a claimed - violation of section 5324 if the property to be - seized was derived from an illegal source or - the funds were structured for the purpose of - concealing the violation of a criminal law or - regulation other than section 5324. - ``(ii) Notice.--Not later than 30 days - after property is seized by the Internal - Revenue Service pursuant to subparagraph (A), - the Internal Revenue Service shall-- - ``(I) make a good faith effort to - find all persons with an ownership - interest in such property; and - ``(II) provide each such person so - found with a notice of the seizure and - of the person's rights under clause - (iv). - ``(iii) Extension of notice under certain - circumstances.--The Internal Revenue Service - may apply to a court of competent jurisdiction - for one 30-day extension of the notice - requirement under clause (ii) if the Internal - Revenue Service can establish probable cause of - an imminent threat to national security or - personal safety necessitating such extension. - ``(iv) Post-seizure hearing.--If a person - with an ownership interest in property seized - pursuant to subparagraph (A) by the Internal - Revenue Service requests a hearing by a court - of competent jurisdiction within 30 days after - the date on which notice is provided under - subclause (ii), such property shall be returned - unless the court holds an adversarial hearing - and finds within 30 days of such request (or - such longer period as the court may provide, - but only on request of an interested party) - that there is probable cause to believe that - there is a violation of section 5324 involving - such property and probable cause to believe - that the property to be seized was derived from - an illegal source or the funds were structured - for the purpose of concealing the violation of - a criminal law or regulation other than section - 5324.''. - + (1) by striking ``Any property'' and inserting the following: + ``(A) In general.--Any property''; and + (2) by adding at the end the following: + ``(B) Internal revenue service seizure requirements with + respect to structuring transactions.-- + ``(i) Property derived from an illegal source.-- + Property may only be seized by the Internal Revenue Service + pursuant to subparagraph (A) by reason of a claimed + violation of section 5324 if the property to be seized was + derived from an illegal source or the funds were structured + for the purpose of concealing the violation of a criminal + law or regulation other than section 5324. + ``(ii) Notice.--Not later than 30 days after property + is seized by the Internal Revenue Service pursuant to + subparagraph (A), the Internal Revenue Service shall-- + + ``(I) make a good faith effort to find all persons + with an ownership interest in such property; and + ``(II) provide each such person so found with a + notice of the seizure and of the person's rights under + clause (iv). + + ``(iii) Extension of notice under certain + circumstances.--The Internal Revenue Service may apply to a + court of competent jurisdiction for one 30-day extension of + the notice requirement under clause (ii) if the Internal + Revenue Service can establish probable cause of an imminent + threat to national security or personal safety + necessitating such extension. + ``(iv) Post-seizure hearing.--If a person with an + ownership interest in property seized pursuant to + subparagraph (A) by the Internal Revenue Service requests a + hearing by a court of competent jurisdiction within 30 days + after the date on which notice is provided under subclause + (ii), such property shall be returned unless the court + holds an adversarial hearing and finds within 30 days of + such request (or such longer period as the court may + provide, but only on request of an interested party) that + there is probable cause to believe that there is a + violation of section 5324 involving such property and + probable cause to believe that the property to be seized + was derived from an illegal source or the funds were + structured for the purpose of concealing the violation of a + criminal law or regulation other than section 5324.''. SEC. 1202. EXCLUSION OF INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY - SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON - STRUCTURING TRANSACTION. - +SEIZED BY THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING +TRANSACTION. (a) In General.--Part III of subchapter B of chapter 1 is amended by inserting before section 140 the following new section: - ``SEC. 139H. INTEREST RECEIVED IN ACTION TO RECOVER PROPERTY SEIZED BY - THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING - TRANSACTION. - +THE INTERNAL REVENUE SERVICE BASED ON STRUCTURING TRANSACTION. ``Gross income shall not include any interest received from the Federal Government in connection with an action to recover property seized by the Internal Revenue Service pursuant to section 5317(c)(2) @@ -453,52 +425,47 @@ subchapter B of chapter 1 is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139H. Interest received in action to recover property seized by - the Internal Revenue Service based on - structuring transaction.''. + the Internal Revenue Service based on structuring + transaction.''. + (c) Effective Date.--The amendments made by this section shall apply to interest received on or after the date of the enactment of this Act. - SEC. 1203. CLARIFICATION OF EQUITABLE RELIEF FROM JOINT LIABILITY. - (a) In General.--Section 6015 is amended-- - (1) in subsection (e), by adding at the end the following - new paragraph: - ``(7) Standard and scope of review.--Any review of a - determination made under this section shall be reviewed de novo - by the Tax Court and shall be based upon-- - ``(A) the administrative record established at the - time of the determination, and - ``(B) any additional newly discovered or previously - unavailable evidence.''; and - (2) by amending subsection (f) to read as follows: + (1) in subsection (e), by adding at the end the following new + paragraph: + ``(7) Standard and scope of review.--Any review of a + determination made under this section shall be reviewed de novo by + the Tax Court and shall be based upon-- + ``(A) the administrative record established at the time of + the determination, and + ``(B) any additional newly discovered or previously + unavailable evidence.''; and + (2) by amending subsection (f) to read as follows: ``(f) Equitable Relief.-- - ``(1) In general.--Under procedures prescribed by the - Secretary, if-- - ``(A) taking into account all the facts and - circumstances, it is inequitable to hold the individual - liable for any unpaid tax or any deficiency (or any - portion of either), and - ``(B) relief is not available to such individual - under subsection (b) or (c), - the Secretary may relieve such individual of such liability. - ``(2) Limitation.--A request for equitable relief under - this subsection may be made with respect to any portion of any - liability that-- - ``(A) has not been paid, provided that such request - is made before the expiration of the applicable period - of limitation under section 6502, or - ``(B) has been paid, provided that such request is - made during the period in which the individual could - submit a timely claim for refund or credit of such - payment.''. + ``(1) In general.--Under procedures prescribed by the + Secretary, if-- + ``(A) taking into account all the facts and circumstances, + it is inequitable to hold the individual liable for any unpaid + tax or any deficiency (or any portion of either), and + ``(B) relief is not available to such individual under + subsection (b) or (c), + the Secretary may relieve such individual of such liability. + ``(2) Limitation.--A request for equitable relief under this + subsection may be made with respect to any portion of any liability + that-- + ``(A) has not been paid, provided that such request is made + before the expiration of the applicable period of limitation + under section 6502, or + ``(B) has been paid, provided that such request is made + during the period in which the individual could submit a timely + claim for refund or credit of such payment.''. (b) Effective Date.--The amendments made by this section shall apply to petitions or requests filed or pending on or after the date of the enactment of this Act. - SEC. 1204. MODIFICATION OF PROCEDURES FOR ISSUANCE OF THIRD-PARTY - SUMMONS. - +SUMMONS. (a) In General.--Section 7609(f) is amended by adding at the end the following flush sentence: ``The Secretary shall not issue any summons described in the preceding @@ -511,26 +478,24 @@ paragraph.''. (b) Effective Date.--The amendments made by this section shall apply to summonses served after the date that is 45 days after the date of the enactment of this Act. - SEC. 1205. PRIVATE DEBT COLLECTION AND SPECIAL COMPLIANCE PERSONNEL - PROGRAM. - +PROGRAM. (a) Certain Tax Receivables Not Eligible for Collection Under Tax Collection Contracts.--Section 6306(d)(3) is amended by striking ``or'' at the end of subparagraph (C) and by inserting after subparagraph (D) the following new subparagraphs: - ``(E) a taxpayer substantially all of whose income - consists of disability insurance benefits under section - 223 of the Social Security Act or supplemental security - income benefits under title XVI of the Social Security - Act (including supplemental security income benefits of - the type described in section 1616 of such Act or - section 212 of Public Law 93-66), or - ``(F) a taxpayer who is an individual with adjusted - gross income, as determined for the most recent taxable - year for which such information is available, which - does not exceed 200 percent of the applicable poverty - level (as determined by the Secretary),''. + ``(E) a taxpayer substantially all of whose income consists + of disability insurance benefits under section 223 of the + Social Security Act or supplemental security income benefits + under title XVI of the Social Security Act (including + supplemental security income benefits of the type described in + section 1616 of such Act or section 212 of Public Law 93-66), + or + ``(F) a taxpayer who is an individual with adjusted gross + income, as determined for the most recent taxable year for + which such information is available, which does not exceed 200 + percent of the applicable poverty level (as determined by the + Secretary),''. (b) Determination of Inactive Tax Receivables Eligible for Collection Under Tax Collection Contracts.--Section 6306(c)(2)(A)(ii) is amended by striking ``more than \1/3\ of the period of the @@ -541,103 +506,89 @@ Collection Contracts.--Section 6306(b)(1)(B) is amended by striking ``5 years'' and inserting ``7 years''. (d) Clarification That Special Compliance Personnel Program Account May Be Used for Program Costs.-- - (1) In general.--Section 6307(b) is amended-- - (A) in paragraph (2), by striking all that follows - ``under such program'' and inserting a period, and - (B) in paragraph (3), by striking all that follows - ``out of such account'' and inserting ``for other than - program costs.''. - (2) Communications, software, and technology costs treated - as program costs.--Section 6307(d)(2)(B) is amended by striking - ``telecommunications'' and inserting ``communications, - software, technology''. - (3) Conforming amendment.--Section 6307(d)(2) is amended by - striking ``and'' at the end of subparagraph (A), by striking - the period at the end of subparagraph (B) and inserting ``, - and'', and by inserting after subparagraph (B) the following - new subparagraph: - ``(C) reimbursement of the Internal Revenue Service - or other government agencies for the cost of - administering the qualified tax collection program - under section 6306.''. + (1) In general.--Section 6307(b) is amended-- + (A) in paragraph (2), by striking all that follows ``under + such program'' and inserting a period, and + (B) in paragraph (3), by striking all that follows ``out of + such account'' and inserting ``for other than program costs.''. + (2) Communications, software, and technology costs treated as + program costs.--Section 6307(d)(2)(B) is amended by striking + ``telecommunications'' and inserting ``communications, software, + technology''. + (3) Conforming amendment.--Section 6307(d)(2) is amended by + striking ``and'' at the end of subparagraph (A), by striking the + period at the end of subparagraph (B) and inserting ``, and'', and + by inserting after subparagraph (B) the following new subparagraph: + ``(C) reimbursement of the Internal Revenue Service or + other government agencies for the cost of administering the + qualified tax collection program under section 6306.''. (e) Effective Dates.-- - (1) In general.--Except as otherwise provided in this - subsection, the amendments made by this section shall apply to - tax receivables identified by the Secretary (or the Secretary's - delegate) after December 31, 2020. - (2) Maximum length of installment agreements.--The - amendment made by subsection (c) shall apply to contracts - entered into after the date of the enactment of this Act. - (3) Use of special compliance personnel program account.-- - The amendment made by subsection (d) shall apply to amounts - expended from the special compliance personnel program account - after the date of the enactment of this Act. - + (1) In general.--Except as otherwise provided in this + subsection, the amendments made by this section shall apply to tax + receivables identified by the Secretary (or the Secretary's + delegate) after December 31, 2020. + (2) Maximum length of installment agreements.--The amendment + made by subsection (c) shall apply to contracts entered into after + the date of the enactment of this Act. + (3) Use of special compliance personnel program account.--The + amendment made by subsection (d) shall apply to amounts expended + from the special compliance personnel program account after the + date of the enactment of this Act. SEC. 1206. REFORM OF NOTICE OF CONTACT OF THIRD PARTIES. - (a) In General.--Section 7602(c)(1) is amended to read as follows: - ``(1) General notice.--An officer or employee of the - Internal Revenue Service may not contact any person other than - the taxpayer with respect to the determination or collection of - the tax liability of such taxpayer unless such contact occurs - during a period (not greater than 1 year) which is specified in - a notice which-- - ``(A) informs the taxpayer that contacts with - persons other than the taxpayer are intended to be made - during such period, and - ``(B) except as otherwise provided by the - Secretary, is provided to the taxpayer not later than - 45 days before the beginning of such period. - Nothing in the preceding sentence shall prevent the issuance of - notices to the same taxpayer with respect to the same tax - liability with periods specified therein that, in the - aggregate, exceed 1 year. A notice shall not be issued under - this paragraph unless there is an intent at the time such - notice is issued to contact persons other than the taxpayer - during the period specified in such notice. The preceding - sentence shall not prevent the issuance of a notice if the - requirement of such sentence is met on the basis of the - assumption that the information sought to be obtained by such - contact will not be obtained by other means before such - contact.''. + ``(1) General notice.--An officer or employee of the Internal + Revenue Service may not contact any person other than the taxpayer + with respect to the determination or collection of the tax + liability of such taxpayer unless such contact occurs during a + period (not greater than 1 year) which is specified in a notice + which-- + ``(A) informs the taxpayer that contacts with persons other + than the taxpayer are intended to be made during such period, + and + ``(B) except as otherwise provided by the Secretary, is + provided to the taxpayer not later than 45 days before the + beginning of such period. + Nothing in the preceding sentence shall prevent the issuance of + notices to the same taxpayer with respect to the same tax liability + with periods specified therein that, in the aggregate, exceed 1 + year. A notice shall not be issued under this paragraph unless + there is an intent at the time such notice is issued to contact + persons other than the taxpayer during the period specified in such + notice. The preceding sentence shall not prevent the issuance of a + notice if the requirement of such sentence is met on the basis of + the assumption that the information sought to be obtained by such + contact will not be obtained by other means before such contact.''. (b) Effective Date.--The amendment made by this section shall apply to notices provided, and contacts of persons made, after the date which is 45 days after the date of the enactment of this Act. - SEC. 1207. MODIFICATION OF AUTHORITY TO ISSUE DESIGNATED SUMMONS. - (a) In General.--Paragraph (1) of section 6503(j) is amended by striking ``coordinated examination program'' and inserting ``coordinated industry case program''. (b) Requirements for Summons.--Clause (i) of section 6503(j)(2)(A) is amended to read as follows: - ``(i) the issuance of such summons is - preceded by a review and written approval of - such issuance by the Commissioner of the - relevant operating division of the Internal - Revenue Service and the Chief Counsel which-- - ``(I) states facts clearly - establishing that the Secretary has - made reasonable requests for the - information that is the subject of the - summons, and - ``(II) is attached to such - summons,''. + ``(i) the issuance of such summons is preceded by a + review and written approval of such issuance by the + Commissioner of the relevant operating division of the + Internal Revenue Service and the Chief Counsel which-- + + ``(I) states facts clearly establishing that the + Secretary has made reasonable requests for the + information that is the subject of the summons, and + ``(II) is attached to such summons,''. + (c) Establishment That Reasonable Requests for Information Were Made.--Subsection (j) of section 6503 is amended by adding at the end the following new paragraph: - ``(4) Establishment that reasonable requests for - information were made.--In any court proceeding described in - paragraph (3), the Secretary shall establish that reasonable - requests were made for the information that is the subject of - the summons.''. + ``(4) Establishment that reasonable requests for information + were made.--In any court proceeding described in paragraph (3), the + Secretary shall establish that reasonable requests were made for + the information that is the subject of the summons.''. (d) Effective Date.--The amendments made by this section shall apply to summonses issued after the date which is 45 days after the date of the enactment of this Act. - SEC. 1208. LIMITATION ON ACCESS OF NON-INTERNAL REVENUE SERVICE - EMPLOYEES TO RETURNS AND RETURN INFORMATION. - +EMPLOYEES TO RETURNS AND RETURN INFORMATION. (a) In General.--Section 7602 is amended by adding at the end the following new subsection: ``(f) Limitation on Access of Persons Other Than Internal Revenue @@ -651,67 +602,63 @@ officer or employee of the Internal Revenue Service or the Office of Chief Counsel may, on behalf of the Secretary, question a witness under oath whose testimony was obtained pursuant to this section.''. (b) Effective Date.--The amendment made by this section-- - (1) shall take effect on the date of the enactment of this - Act; and - (2) shall not fail to apply to a contract in effect under - section 6103(n) of the Internal Revenue Code of 1986 merely - because such contract was in effect before the date of the - enactment of this Act. + (1) shall take effect on the date of the enactment of this Act; + and + (2) shall not fail to apply to a contract in effect under + section 6103(n) of the Internal Revenue Code of 1986 merely because + such contract was in effect before the date of the enactment of + this Act. Subtitle D--Organizational Modernization SEC. 1301. OFFICE OF THE NATIONAL TAXPAYER ADVOCATE. - (a) Taxpayer Advocate Directives.-- - (1) In general.--Section 7803(c) is amended by adding at - the end the following new paragraph: - ``(5) Taxpayer advocate directives.--In the case of any - Taxpayer Advocate Directive issued by the National Taxpayer - Advocate pursuant to a delegation of authority from the - Commissioner of Internal Revenue-- - ``(A) the Commissioner or a Deputy Commissioner - shall modify, rescind, or ensure compliance with such - directive not later than 90 days after the issuance of - such directive, and - ``(B) in the case of any directive which is - modified or rescinded by a Deputy Commissioner, the - National Taxpayer Advocate may (not later than 90 days - after such modification or rescission) appeal to the - Commissioner, and the Commissioner shall (not later - than 90 days after such appeal is made) ensure - compliance with such directive as issued by the - National Taxpayer Advocate or provide the National - Taxpayer Advocate with the reasons for any modification - or rescission made or upheld by the Commissioner - pursuant to such appeal.''. - (2) Report to certain committees of congress regarding - directives.--Section 7803(c)(2)(B)(ii) is amended by - redesignating subclauses (VIII) through (XI) as subclauses (IX) - through (XII), respectively, and by inserting after subclause - (VII) the following new subclause: - ``(VIII) identify any Taxpayer - Advocate Directive which was not - honored by the Internal Revenue Service - in a timely manner, as specified under - paragraph (5);''. + (1) In general.--Section 7803(c) is amended by adding at the + end the following new paragraph: + ``(5) Taxpayer advocate directives.--In the case of any + Taxpayer Advocate Directive issued by the National Taxpayer + Advocate pursuant to a delegation of authority from the + Commissioner of Internal Revenue-- + ``(A) the Commissioner or a Deputy Commissioner shall + modify, rescind, or ensure compliance with such directive not + later than 90 days after the issuance of such directive, and + ``(B) in the case of any directive which is modified or + rescinded by a Deputy Commissioner, the National Taxpayer + Advocate may (not later than 90 days after such modification or + rescission) appeal to the Commissioner, and the Commissioner + shall (not later than 90 days after such appeal is made) ensure + compliance with such directive as issued by the National + Taxpayer Advocate or provide the National Taxpayer Advocate + with the reasons for any modification or rescission made or + upheld by the Commissioner pursuant to such appeal.''. + (2) Report to certain committees of congress regarding + directives.--Section 7803(c)(2)(B)(ii) is amended by redesignating + subclauses (VIII) through (XI) as subclauses (IX) through (XII), + respectively, and by inserting after subclause (VII) the following + new subclause: + + ``(VIII) identify any Taxpayer Advocate Directive + which was not honored by the Internal Revenue Service + in a timely manner, as specified under paragraph + (5);''. + (b) National Taxpayer Advocate Annual Reports to Congress.-- - (1) Inclusion of most serious taxpayer problems.--Section - 7803(c)(2)(B)(ii)(III) is amended by striking ``at least 20 of - the'' and inserting ``the 10''. - (2) Coordination with treasury inspector general for tax - administration.--Section 7803(c)(2) is amended by adding at the - end the following new subparagraph: - ``(E) Coordination with treasury inspector general - for tax administration.--Before beginning any research - or study, the National Taxpayer Advocate shall - coordinate with the Treasury Inspector General for Tax - Administration to ensure that the National Taxpayer - Advocate does not duplicate any action that the - Treasury Inspector General for Tax Administration has - already undertaken or has a plan to undertake.''. - (3) Statistical support.-- - (A) In general.--Section 6108 is amended by adding - at the end the following new subsection: + (1) Inclusion of most serious taxpayer problems.--Section + 7803(c)(2)(B)(ii)(III) is amended by striking ``at least 20 of + the'' and inserting ``the 10''. + (2) Coordination with treasury inspector general for tax + administration.--Section 7803(c)(2) is amended by adding at the end + the following new subparagraph: + ``(E) Coordination with treasury inspector general for tax + administration.--Before beginning any research or study, the + National Taxpayer Advocate shall coordinate with the Treasury + Inspector General for Tax Administration to ensure that the + National Taxpayer Advocate does not duplicate any action that + the Treasury Inspector General for Tax Administration has + already undertaken or has a plan to undertake.''. + (3) Statistical support.-- + (A) In general.--Section 6108 is amended by adding at the + end the following new subsection: ``(d) Statistical Support for National Taxpayer Advocate.--Upon request of the National Taxpayer Advocate, the Secretary shall, to the extent practicable, provide the National Taxpayer Advocate with @@ -721,61 +668,53 @@ Taxpayer Advocate of the annual report described in section studies, compilations, and the review of information provided by the National Taxpayer Advocate for statistical validity and sound statistical methodology.''. - (B) Disclosure of review.--Section - 7803(c)(2)(B)(ii), as amended by subsection (a), is - amended by striking ``and'' at the end of subclause - (XI), by redesignating subclause (XII) as subclause - (XIII), and by inserting after subclause (XI) the - following new subclause: - ``(XII) with respect to any - statistical information included in - such report, include a statement of - whether such statistical information - was reviewed or provided by the - Secretary under section 6108(d) and, if - so, whether the Secretary determined - such information to be statistically - valid and based on sound statistical - methodology; and''. - (C) Conforming amendment.--Section - 7803(c)(2)(B)(iii) is amended by adding at the end the - following: ``The preceding sentence shall not apply - with respect to statistical information provided to the - Secretary for review, or received from the Secretary, - under section 6108(d).''. + (B) Disclosure of review.--Section 7803(c)(2)(B)(ii), as + amended by subsection (a), is amended by striking ``and'' at + the end of subclause (XI), by redesignating subclause (XII) as + subclause (XIII), and by inserting after subclause (XI) the + following new subclause: + + ``(XII) with respect to any statistical information + included in such report, include a statement of whether + such statistical information was reviewed or provided + by the Secretary under section 6108(d) and, if so, + whether the Secretary determined such information to be + statistically valid and based on sound statistical + methodology; and''. + + (C) Conforming amendment.--Section 7803(c)(2)(B)(iii) is + amended by adding at the end the following: ``The preceding + sentence shall not apply with respect to statistical + information provided to the Secretary for review, or received + from the Secretary, under section 6108(d).''. (c) Salary of National Taxpayer Advocate.--Section 7803(c)(1)(B)(i) is amended by striking ``, or, if the Secretary of the Treasury so determines, at a rate fixed under section 9503 of such title''. (d) Effective Date.-- - (1) In general.--Except as otherwise provided in this - subsection, the amendments made by this section shall take - effect on the date of the enactment of this Act. - (2) Salary of national taxpayer advocate.--The amendment - made by subsection (c) shall apply to compensation paid to - individuals appointed as the National Taxpayer Advocate after - March 31, 2019. - + (1) In general.--Except as otherwise provided in this + subsection, the amendments made by this section shall take effect + on the date of the enactment of this Act. + (2) Salary of national taxpayer advocate.--The amendment made + by subsection (c) shall apply to compensation paid to individuals + appointed as the National Taxpayer Advocate after March 31, 2019. SEC. 1302. MODERNIZATION OF INTERNAL REVENUE SERVICE ORGANIZATIONAL - STRUCTURE. - +STRUCTURE. (a) In General.--Not later than September 30, 2020, the Secretary of the Treasury (or the Secretary's delegate) shall submit to Congress a comprehensive written plan to redesign the organization of the Internal Revenue Service. Such plan shall-- - (1) ensure the successful implementation of the priorities - specified by Congress in this Act; - (2) prioritize taxpayer services to ensure that all - taxpayers easily and readily receive the assistance that they - need; - (3) streamline the structure of the agency including - minimizing the duplication of services and responsibilities - within the agency; - (4) best position the Internal Revenue Service to combat - cybersecurity and other threats to the Internal Revenue - Service; and - (5) address whether the Criminal Investigation Division of - the Internal Revenue Service should report directly to the - Commissioner of Internal Revenue. + (1) ensure the successful implementation of the priorities + specified by Congress in this Act; + (2) prioritize taxpayer services to ensure that all taxpayers + easily and readily receive the assistance that they need; + (3) streamline the structure of the agency including minimizing + the duplication of services and responsibilities within the agency; + (4) best position the Internal Revenue Service to combat + cybersecurity and other threats to the Internal Revenue Service; + and + (5) address whether the Criminal Investigation Division of the + Internal Revenue Service should report directly to the Commissioner + of Internal Revenue. (b) Repeal of Restriction on Organizational Structure of Internal Revenue Service.--Paragraph (3) of section 1001(a) of the Internal Revenue Service Restructuring and Reform Act of 1998 shall cease to @@ -785,12 +724,9 @@ subsection (a) is submitted to Congress. Subtitle E--Other Provisions SEC. 1401. RETURN PREPARATION PROGRAMS FOR APPLICABLE TAXPAYERS. - (a) In General.--Chapter 77 is amended by inserting after section 7526 the following new section: - ``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR APPLICABLE TAXPAYERS. - ``(a) Establishment of Volunteer Income Tax Assistance Matching Grant Program.--The Secretary shall establish a Community Volunteer Income Tax Assistance Matching Grant Program under which the Secretary @@ -799,468 +735,412 @@ provide matching funds for the development, expansion, or continuation of qualified return preparation programs assisting applicable taxpayers and members of underserved populations. ``(b) Use of Funds.-- - ``(1) In general.--Qualified return preparation programs - may use grants received under this section for-- - ``(A) ordinary and necessary costs associated with - program operation in accordance with cost principles - under the applicable Office of Management and Budget - circular, including-- - ``(i) wages or salaries of persons - coordinating the activities of the program, - ``(ii) developing training materials, - conducting training, and performing quality - reviews of the returns prepared under the - program, - ``(iii) equipment purchases, and - ``(iv) vehicle-related expenses associated - with remote or rural tax preparation services, - ``(B) outreach and educational activities described - in subsection (c)(2)(B), and - ``(C) services related to financial education and - capability, asset development, and the establishment of - savings accounts in connection with tax return - preparation. - ``(2) Requirement of matching funds.--A qualified return - preparation program must provide matching funds on a dollar- - for-dollar basis for all grants provided under this section. - Matching funds may include-- - ``(A) the salary (including fringe benefits) of - individuals performing services for the program, - ``(B) the cost of equipment used in the program, - and - ``(C) other ordinary and necessary costs associated - with the program. - Indirect expenses, including general overhead of any entity - administering the program, shall not be counted as matching - funds. + ``(1) In general.--Qualified return preparation programs may + use grants received under this section for-- + ``(A) ordinary and necessary costs associated with program + operation in accordance with cost principles under the + applicable Office of Management and Budget circular, + including-- + ``(i) wages or salaries of persons coordinating the + activities of the program, + ``(ii) developing training materials, conducting + training, and performing quality reviews of the returns + prepared under the program, + ``(iii) equipment purchases, and + ``(iv) vehicle-related expenses associated with remote + or rural tax preparation services, + ``(B) outreach and educational activities described in + subsection (c)(2)(B), and + ``(C) services related to financial education and + capability, asset development, and the establishment of savings + accounts in connection with tax return preparation. + ``(2) Requirement of matching funds.--A qualified return + preparation program must provide matching funds on a dollar-for- + dollar basis for all grants provided under this section. Matching + funds may include-- + ``(A) the salary (including fringe benefits) of individuals + performing services for the program, + ``(B) the cost of equipment used in the program, and + ``(C) other ordinary and necessary costs associated with + the program. + Indirect expenses, including general overhead of any entity + administering the program, shall not be counted as matching funds. ``(c) Application.-- - ``(1) In general.--Each applicant for a grant under this - section shall submit an application to the Secretary at such - time, in such manner, and containing such information as the - Secretary may reasonably require. - ``(2) Priority.--In awarding grants under this section, the - Secretary shall give priority to applications which - demonstrate-- - ``(A) assistance to applicable taxpayers, with - emphasis on outreach to, and services for, such - taxpayers, - ``(B) taxpayer outreach and educational activities - relating to eligibility and availability of income - supports available through this title, including the - earned income tax credit, and - ``(C) specific outreach and focus on one or more - underserved populations. - ``(3) Amounts taken into account.--In determining matching - grants under this section, the Secretary shall only take into - account amounts provided by the qualified return preparation - program for expenses described in subsection (b). + ``(1) In general.--Each applicant for a grant under this + section shall submit an application to the Secretary at such time, + in such manner, and containing such information as the Secretary + may reasonably require. + ``(2) Priority.--In awarding grants under this section, the + Secretary shall give priority to applications which demonstrate-- + ``(A) assistance to applicable taxpayers, with emphasis on + outreach to, and services for, such taxpayers, + ``(B) taxpayer outreach and educational activities relating + to eligibility and availability of income supports available + through this title, including the earned income tax credit, and + ``(C) specific outreach and focus on one or more + underserved populations. + ``(3) Amounts taken into account.--In determining matching + grants under this section, the Secretary shall only take into + account amounts provided by the qualified return preparation + program for expenses described in subsection (b). ``(d) Program Adherence.-- - ``(1) In general.--The Secretary shall establish procedures - for, and shall conduct not less frequently than once every 5 - calendar years during which a qualified return preparation - program is operating under a grant under this section, periodic - site visits-- - ``(A) to ensure the program is carrying out the - purposes of this section, and - ``(B) to determine whether the program meets such - program adherence standards as the Secretary shall by - regulation or other guidance prescribe. - ``(2) Additional requirements for grant recipients not - meeting program adherence standards.--In the case of any - qualified return preparation program which-- - ``(A) is awarded a grant under this section, and - ``(B) is subsequently determined-- - ``(i) not to meet the program adherence - standards described in paragraph (1)(B), or - ``(ii) not to be otherwise carrying out the - purposes of this section, - such program shall not be eligible for any additional grants - under this section unless such program provides sufficient - documentation of corrective measures established to address any - such deficiencies determined. + ``(1) In general.--The Secretary shall establish procedures + for, and shall conduct not less frequently than once every 5 + calendar years during which a qualified return preparation program + is operating under a grant under this section, periodic site + visits-- + ``(A) to ensure the program is carrying out the purposes of + this section, and + ``(B) to determine whether the program meets such program + adherence standards as the Secretary shall by regulation or + other guidance prescribe. + ``(2) Additional requirements for grant recipients not meeting + program adherence standards.--In the case of any qualified return + preparation program which-- + ``(A) is awarded a grant under this section, and + ``(B) is subsequently determined-- + ``(i) not to meet the program adherence standards + described in paragraph (1)(B), or + ``(ii) not to be otherwise carrying out the purposes of + this section, + such program shall not be eligible for any additional grants under + this section unless such program provides sufficient documentation + of corrective measures established to address any such deficiencies + determined. ``(e) Definitions.--For purposes of this section-- - ``(1) Qualified return preparation program.--The term - `qualified return preparation program' means any program-- - ``(A) which provides assistance to individuals, not - less than 90 percent of whom are applicable taxpayers, - in preparing and filing Federal income tax returns, - ``(B) which is administered by a qualified entity, - ``(C) in which all volunteers who assist in the - preparation of Federal income tax returns meet the - training requirements prescribed by the Secretary, and - ``(D) which uses a quality review process which - reviews 100 percent of all returns. - ``(2) Qualified entity.-- - ``(A) In general.--The term `qualified entity' - means any entity which-- - ``(i) is an eligible organization, - ``(ii) is in compliance with Federal tax - filing and payment requirements, - ``(iii) is not debarred or suspended from - Federal contracts, grants, or cooperative - agreements, and - ``(iv) agrees to provide documentation to - substantiate any matching funds provided - pursuant to the grant program under this - section. - ``(B) Eligible organization.--The term `eligible - organization' means-- - ``(i) an institution of higher education - which is described in section 102 (other than - subsection (a)(1)(C) thereof) of the Higher - Education Act of 1965 (20 U.S.C. 1002), as in - effect on the date of the enactment of this - section, and which has not been disqualified - from participating in a program under title IV - of such Act, - ``(ii) an organization described in section - 501(c) and exempt from tax under section - 501(a), - ``(iii) a local government agency, - including-- - ``(I) a county or municipal - government agency, and - ``(II) an Indian tribe, as defined - in section 4(13) of the Native American - Housing Assistance and Self- - Determination Act of 1996 (25 U.S.C. - 4103(13)), including any tribally - designated housing entity (as defined - in section 4(22) of such Act (25 U.S.C. - 4103(22))), tribal subsidiary, - subdivision, or other wholly owned - tribal entity, - ``(iv) a local, State, regional, or - national coalition (with one lead organization - which meets the eligibility requirements of - clause (i), (ii), or (iii) acting as the - applicant organization), or - ``(v) in the case of applicable taxpayers - and members of underserved populations with - respect to which no organizations described in - the preceding clauses are available-- - ``(I) a State government agency, or - ``(II) an office providing - Cooperative Extension services (as - established at the land-grant colleges - and universities under the Smith-Lever - Act of May 8, 1914). - ``(3) Applicable taxpayers.--The term `applicable taxpayer' - means a taxpayer whose income for the taxable year does not - exceed an amount equal to the completed phaseout amount under - section 32(b) for a married couple filing a joint return with - three or more qualifying children, as determined in a revenue - procedure or other published guidance. - ``(4) Underserved population.--The term `underserved - population' includes populations of persons with disabilities, - persons with limited English proficiency, Native Americans, - individuals living in rural areas, members of the Armed Forces - and their spouses, and the elderly. + ``(1) Qualified return preparation program.--The term + `qualified return preparation program' means any program-- + ``(A) which provides assistance to individuals, not less + than 90 percent of whom are applicable taxpayers, in preparing + and filing Federal income tax returns, + ``(B) which is administered by a qualified entity, + ``(C) in which all volunteers who assist in the preparation + of Federal income tax returns meet the training requirements + prescribed by the Secretary, and + ``(D) which uses a quality review process which reviews 100 + percent of all returns. + ``(2) Qualified entity.-- + ``(A) In general.--The term `qualified entity' means any + entity which-- + ``(i) is an eligible organization, + ``(ii) is in compliance with Federal tax filing and + payment requirements, + ``(iii) is not debarred or suspended from Federal + contracts, grants, or cooperative agreements, and + ``(iv) agrees to provide documentation to substantiate + any matching funds provided pursuant to the grant program + under this section. + ``(B) Eligible organization.--The term `eligible + organization' means-- + ``(i) an institution of higher education which is + described in section 102 (other than subsection (a)(1)(C) + thereof) of the Higher Education Act of 1965 (20 U.S.C. + 1002), as in effect on the date of the enactment of this + section, and which has not been disqualified from + participating in a program under title IV of such Act, + ``(ii) an organization described in section 501(c) and + exempt from tax under section 501(a), + ``(iii) a local government agency, including-- + + ``(I) a county or municipal government agency, and + ``(II) an Indian tribe, as defined in section 4(13) + of the Native American Housing Assistance and Self- + Determination Act of 1996 (25 U.S.C. 4103(13)), + including any tribally designated housing entity (as + defined in section 4(22) of such Act (25 U.S.C. + 4103(22))), tribal subsidiary, subdivision, or other + wholly owned tribal entity, + + ``(iv) a local, State, regional, or national coalition + (with one lead organization which meets the eligibility + requirements of clause (i), (ii), or (iii) acting as the + applicant organization), or + ``(v) in the case of applicable taxpayers and members + of underserved populations with respect to which no + organizations described in the preceding clauses are + available-- + + ``(I) a State government agency, or + ``(II) an office providing Cooperative Extension + services (as established at the land-grant colleges and + universities under the Smith-Lever Act of May 8, 1914). + + ``(3) Applicable taxpayers.--The term `applicable taxpayer' + means a taxpayer whose income for the taxable year does not exceed + an amount equal to the completed phaseout amount under section + 32(b) for a married couple filing a joint return with three or more + qualifying children, as determined in a revenue procedure or other + published guidance. + ``(4) Underserved population.--The term `underserved + population' includes populations of persons with disabilities, + persons with limited English proficiency, Native Americans, + individuals living in rural areas, members of the Armed Forces and + their spouses, and the elderly. ``(f) Special Rules and Limitations.-- - ``(1) Duration of grants.--Upon application of a qualified - return preparation program, the Secretary is authorized to - award a multi-year grant not to exceed 3 years. - ``(2) Aggregate limitation.--Unless otherwise provided by - specific appropriation, the Secretary shall not allocate more - than $30 million per fiscal year (exclusive of costs of - administering the program) to grants under this section. + ``(1) Duration of grants.--Upon application of a qualified + return preparation program, the Secretary is authorized to award a + multi-year grant not to exceed 3 years. + ``(2) Aggregate limitation.--Unless otherwise provided by + specific appropriation, the Secretary shall not allocate more than + $30 million per fiscal year (exclusive of costs of administering + the program) to grants under this section. ``(g) Promotion of Programs.-- - ``(1) In general.--The Secretary shall promote tax - preparation through qualified return preparation programs - through the use of mass communications and other means. - ``(2) Provision of information regarding qualified return - preparation programs.--The Secretary may provide taxpayers - information regarding qualified return preparation programs - receiving grants under this section. - ``(3) Referrals to low-income taxpayer clinics.--Qualified - return preparation programs receiving a grant under this - section are encouraged, in appropriate cases, to-- - ``(A) advise taxpayers of the availability of, and - eligibility requirements for receiving, advice and - assistance from qualified low-income taxpayer clinics - receiving funding under section 7526, and - ``(B) provide information regarding the location - of, and contact information for, such clinics.''. + ``(1) In general.--The Secretary shall promote tax preparation + through qualified return preparation programs through the use of + mass communications and other means. + ``(2) Provision of information regarding qualified return + preparation programs.--The Secretary may provide taxpayers + information regarding qualified return preparation programs + receiving grants under this section. + ``(3) Referrals to low-income taxpayer clinics.--Qualified + return preparation programs receiving a grant under this section + are encouraged, in appropriate cases, to-- + ``(A) advise taxpayers of the availability of, and + eligibility requirements for receiving, advice and assistance + from qualified low-income taxpayer clinics receiving funding + under section 7526, and + ``(B) provide information regarding the location of, and + contact information for, such clinics.''. (b) Clerical Amendment.--The table of sections for chapter 77 is amended by inserting after the item relating to section 7526 the following new item: ``Sec. 7526A. Return preparation programs for applicable taxpayers.''. - SEC. 1402. PROVISION OF INFORMATION REGARDING LOW-INCOME TAXPAYER - CLINICS. - +CLINICS. (a) In General.--Section 7526(c) is amended by adding at the end the following new paragraph: - ``(6) Provision of information regarding qualified low- - income taxpayer clinics.--Notwithstanding any other provision - of law, officers and employees of the Department of the - Treasury may-- - ``(A) advise taxpayers of the availability of, and - eligibility requirements for receiving, advice and - assistance from one or more specific qualified low- - income taxpayer clinics receiving funding under this - section, and - ``(B) provide information regarding the location - of, and contact information for, such clinics.''. + ``(6) Provision of information regarding qualified low-income + taxpayer clinics.--Notwithstanding any other provision of law, + officers and employees of the Department of the Treasury may-- + ``(A) advise taxpayers of the availability of, and + eligibility requirements for receiving, advice and assistance + from one or more specific qualified low-income taxpayer clinics + receiving funding under this section, and + ``(B) provide information regarding the location of, and + contact information for, such clinics.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. - SEC. 1403. NOTICE FROM IRS REGARDING CLOSURE OF TAXPAYER ASSISTANCE - CENTERS. - +CENTERS. Not later than 90 days before the date that a proposed closure of a Taxpayer Assistance Center would take effect, the Secretary of the Treasury (or the Secretary's delegate) shall-- - (1) make publicly available (including by non-electronic - means) a notice which-- - (A) identifies the Taxpayer Assistance Center - proposed for closure and the date of such proposed - closure; and - (B) identifies the relevant alternative sources of - taxpayer assistance which may be utilized by taxpayers - affected by such proposed closure; and - (2) submit to Congress a written report that includes-- - (A) the information included in the notice - described in paragraph (1); - (B) the reasons for such proposed closure; and - (C) such other information as the Secretary may - determine appropriate. - + (1) make publicly available (including by non-electronic means) + a notice which-- + (A) identifies the Taxpayer Assistance Center proposed for + closure and the date of such proposed closure; and + (B) identifies the relevant alternative sources of taxpayer + assistance which may be utilized by taxpayers affected by such + proposed closure; and + (2) submit to Congress a written report that includes-- + (A) the information included in the notice described in + paragraph (1); + (B) the reasons for such proposed closure; and + (C) such other information as the Secretary may determine + appropriate. SEC. 1404. RULES FOR SEIZURE AND SALE OF PERISHABLE GOODS RESTRICTED TO - ONLY PERISHABLE GOODS. - +ONLY PERISHABLE GOODS. (a) In General.--Section 6336 is amended by striking ``or become greatly reduced in price or value by keeping, or that such property cannot be kept without great expense''. (b) Effective Date.--The amendment made by this section shall apply to property seized after the date of the enactment of this Act. - SEC. 1405. WHISTLEBLOWER REFORMS. - (a) Modifications to Disclosure Rules for Whistleblowers.-- - (1) In general.--Section 6103(k) is amended by adding at - the end the following new paragraph: - ``(13) Disclosure to whistleblowers.-- - ``(A) In general.--The Secretary may disclose, to - any individual providing information relating to any - purpose described in paragraph (1) or (2) of section - 7623(a), return information related to the - investigation of any taxpayer with respect to whom the - individual has provided such information, but only to - the extent that such disclosure is necessary in - obtaining information, which is not otherwise - reasonably available, with respect to the correct - determination of tax liability for tax, or the amount - to be collected with respect to the enforcement of any - other provision of this title. - ``(B) Updates on whistleblower investigations.--The - Secretary shall disclose to an individual providing - information relating to any purpose described in - paragraph (1) or (2) of section 7623(a) the following: - ``(i) Not later than 60 days after a case - for which the individual has provided - information has been referred for an audit or - examination, a notice with respect to such - referral. - ``(ii) Not later than 60 days after a - taxpayer with respect to whom the individual - has provided information has made a payment of - tax with respect to tax liability to which such - information relates, a notice with respect to - such payment. - ``(iii) Subject to such requirements and - conditions as are prescribed by the Secretary, - upon a written request by such individual-- - ``(I) information on the status and - stage of any investigation or action - related to such information, and - ``(II) in the case of a - determination of the amount of any - award under section 7623(b), the - reasons for such determination. - Clause (iii) shall not apply to any information if the - Secretary determines that disclosure of such - information would seriously impair Federal tax - administration. Information described in clauses (i), - (ii), and (iii) may be disclosed to a designee of the - individual providing such information in accordance - with guidance provided by the Secretary.''. - (2) Conforming amendments.-- - (A) Confidentiality of information.--Section - 6103(a)(3) is amended by striking ``subsection - (k)(10)'' and inserting ``paragraph (10) or (13) of - subsection (k)''. - (B) Penalty for unauthorized disclosure.--Section - 7213(a)(2) is amended by striking ``(k)(10)'' and - inserting ``(k)(10) or (13)''. - (C) Coordination with authority to disclose for - investigative purposes.--Section 6103(k)(6) is amended - by adding at the end the following new sentence: ``This - paragraph shall not apply to any disclosure to an - individual providing information relating to any - purpose described in paragraph (1) or (2) of section - 7623(a) which is made under paragraph (13)(A).''. + (1) In general.--Section 6103(k) is amended by adding at the + end the following new paragraph: + ``(13) Disclosure to whistleblowers.-- + ``(A) In general.--The Secretary may disclose, to any + individual providing information relating to any purpose + described in paragraph (1) or (2) of section 7623(a), return + information related to the investigation of any taxpayer with + respect to whom the individual has provided such information, + but only to the extent that such disclosure is necessary in + obtaining information, which is not otherwise reasonably + available, with respect to the correct determination of tax + liability for tax, or the amount to be collected with respect + to the enforcement of any other provision of this title. + ``(B) Updates on whistleblower investigations.--The + Secretary shall disclose to an individual providing information + relating to any purpose described in paragraph (1) or (2) of + section 7623(a) the following: + ``(i) Not later than 60 days after a case for which the + individual has provided information has been referred for + an audit or examination, a notice with respect to such + referral. + ``(ii) Not later than 60 days after a taxpayer with + respect to whom the individual has provided information has + made a payment of tax with respect to tax liability to + which such information relates, a notice with respect to + such payment. + ``(iii) Subject to such requirements and conditions as + are prescribed by the Secretary, upon a written request by + such individual-- + + ``(I) information on the status and stage of any + investigation or action related to such information, + and + ``(II) in the case of a determination of the amount + of any award under section 7623(b), the reasons for + such determination. + + Clause (iii) shall not apply to any information if the + Secretary determines that disclosure of such information would + seriously impair Federal tax administration. Information + described in clauses (i), (ii), and (iii) may be disclosed to a + designee of the individual providing such information in + accordance with guidance provided by the Secretary.''. + (2) Conforming amendments.-- + (A) Confidentiality of information.--Section 6103(a)(3) is + amended by striking ``subsection (k)(10)'' and inserting + ``paragraph (10) or (13) of subsection (k)''. + (B) Penalty for unauthorized disclosure.--Section + 7213(a)(2) is amended by striking ``(k)(10)'' and inserting + ``(k)(10) or (13)''. + (C) Coordination with authority to disclose for + investigative purposes.--Section 6103(k)(6) is amended by + adding at the end the following new sentence: ``This paragraph + shall not apply to any disclosure to an individual providing + information relating to any purpose described in paragraph (1) + or (2) of section 7623(a) which is made under paragraph + (13)(A).''. (b) Protection Against Retaliation.--Section 7623 is amended by adding at the end the following new subsection: ``(d) Civil Action To Protect Against Retaliation Cases.-- - ``(1) Anti-retaliation whistleblower protection for - employees.--No employer, or any officer, employee, contractor, - subcontractor, or agent of such employer, may discharge, - demote, suspend, threaten, harass, or in any other manner - discriminate against an employee in the terms and conditions of - employment (including through an act in the ordinary course of - such employee's duties) in reprisal for any lawful act done by - the employee-- - ``(A) to provide information, cause information to - be provided, or otherwise assist in an investigation - regarding underpayment of tax or any conduct which the - employee reasonably believes constitutes a violation of - the internal revenue laws or any provision of Federal - law relating to tax fraud, when the information or - assistance is provided to the Internal Revenue Service, - the Secretary of the Treasury, the Treasury Inspector - General for Tax Administration, the Comptroller General - of the United States, the Department of Justice, the - United States Congress, a person with supervisory - authority over the employee, or any other person - working for the employer who has the authority to - investigate, discover, or terminate misconduct, or - ``(B) to testify, participate in, or otherwise - assist in any administrative or judicial action taken - by the Internal Revenue Service relating to an alleged - underpayment of tax or any violation of the internal - revenue laws or any provision of Federal law relating - to tax fraud. - ``(2) Enforcement action.-- - ``(A) In general.--A person who alleges discharge - or other reprisal by any person in violation of - paragraph (1) may seek relief under paragraph (3) by-- - ``(i) filing a complaint with the Secretary - of Labor, or - ``(ii) if the Secretary of Labor has not - issued a final decision within 180 days of the - filing of the complaint and there is no showing - that such delay is due to the bad faith of the - claimant, bringing an action at law or equity - for de novo review in the appropriate district - court of the United States, which shall have - jurisdiction over such an action without regard - to the amount in controversy. - ``(B) Procedure.-- - ``(i) In general.--An action under - subparagraph (A)(i) shall be governed under the - rules and procedures set forth in section - 42121(b) of title 49, United States Code. - ``(ii) Exception.--Notification made under - section 42121(b)(1) of title 49, United States - Code, shall be made to the person named in the - complaint and to the employer. - ``(iii) Burdens of proof.--An action - brought under subparagraph (A)(ii) shall be - governed by the legal burdens of proof set - forth in section 42121(b) of title 49, United - States Code, except that in applying such - section-- - ``(I) `behavior described in - paragraph (1)' shall be substituted for - `behavior described in paragraphs (1) - through (4) of subsection (a)' each - place it appears in paragraph (2)(B) - thereof, and - ``(II) `a violation of paragraph - (1)' shall be substituted for `a - violation of subsection (a)' each place - it appears. - ``(iv) Statute of limitations.--A complaint - under subparagraph (A)(i) shall be filed not - later than 180 days after the date on which the - violation occurs. - ``(v) Jury trial.--A party to an action - brought under subparagraph (A)(ii) shall be - entitled to trial by jury. - ``(3) Remedies.-- - ``(A) In general.--An employee prevailing in any - action under paragraph (2)(A) shall be entitled to all - relief necessary to make the employee whole. - ``(B) Compensatory damages.--Relief for any action - under subparagraph (A) shall include-- - ``(i) reinstatement with the same seniority - status that the employee would have had, but - for the reprisal, - ``(ii) the sum of 200 percent of the amount - of back pay and 100 percent of all lost - benefits, with interest, and - ``(iii) compensation for any special - damages sustained as a result of the reprisal, - including litigation costs, expert witness - fees, and reasonable attorney fees. - ``(4) Rights retained by employee.--Nothing in this section - shall be deemed to diminish the rights, privileges, or remedies - of any employee under any Federal or State law, or under any - collective bargaining agreement. - ``(5) Nonenforceability of certain provisions waiving - rights and remedies or requiring arbitration of disputes.-- - ``(A) Waiver of rights and remedies.--The rights - and remedies provided for in this subsection may not be - waived by any agreement, policy form, or condition of - employment, including by a predispute arbitration - agreement. - ``(B) Predispute arbitration agreements.--No - predispute arbitration agreement shall be valid or - enforceable, if the agreement requires arbitration of a - dispute arising under this subsection.''. + ``(1) Anti-retaliation whistleblower protection for + employees.--No employer, or any officer, employee, contractor, + subcontractor, or agent of such employer, may discharge, demote, + suspend, threaten, harass, or in any other manner discriminate + against an employee in the terms and conditions of employment + (including through an act in the ordinary course of such employee's + duties) in reprisal for any lawful act done by the employee-- + ``(A) to provide information, cause information to be + provided, or otherwise assist in an investigation regarding + underpayment of tax or any conduct which the employee + reasonably believes constitutes a violation of the internal + revenue laws or any provision of Federal law relating to tax + fraud, when the information or assistance is provided to the + Internal Revenue Service, the Secretary of the Treasury, the + Treasury Inspector General for Tax Administration, the + Comptroller General of the United States, the Department of + Justice, the United States Congress, a person with supervisory + authority over the employee, or any other person working for + the employer who has the authority to investigate, discover, or + terminate misconduct, or + ``(B) to testify, participate in, or otherwise assist in + any administrative or judicial action taken by the Internal + Revenue Service relating to an alleged underpayment of tax or + any violation of the internal revenue laws or any provision of + Federal law relating to tax fraud. + ``(2) Enforcement action.-- + ``(A) In general.--A person who alleges discharge or other + reprisal by any person in violation of paragraph (1) may seek + relief under paragraph (3) by-- + ``(i) filing a complaint with the Secretary of Labor, + or + ``(ii) if the Secretary of Labor has not issued a final + decision within 180 days of the filing of the complaint and + there is no showing that such delay is due to the bad faith + of the claimant, bringing an action at law or equity for de + novo review in the appropriate district court of the United + States, which shall have jurisdiction over such an action + without regard to the amount in controversy. + ``(B) Procedure.-- + ``(i) In general.--An action under subparagraph (A)(i) + shall be governed under the rules and procedures set forth + in section 42121(b) of title 49, United States Code. + ``(ii) Exception.--Notification made under section + 42121(b)(1) of title 49, United States Code, shall be made + to the person named in the complaint and to the employer. + ``(iii) Burdens of proof.--An action brought under + subparagraph (A)(ii) shall be governed by the legal burdens + of proof set forth in section 42121(b) of title 49, United + States Code, except that in applying such section-- + + ``(I) `behavior described in paragraph (1)' shall + be substituted for `behavior described in paragraphs + (1) through (4) of subsection (a)' each place it + appears in paragraph (2)(B) thereof, and + ``(II) `a violation of paragraph (1)' shall be + substituted for `a violation of subsection (a)' each + place it appears. + + ``(iv) Statute of limitations.--A complaint under + subparagraph (A)(i) shall be filed not later than 180 days + after the date on which the violation occurs. + ``(v) Jury trial.--A party to an action brought under + subparagraph (A)(ii) shall be entitled to trial by jury. + ``(3) Remedies.-- + ``(A) In general.--An employee prevailing in any action + under paragraph (2)(A) shall be entitled to all relief + necessary to make the employee whole. + ``(B) Compensatory damages.--Relief for any action under + subparagraph (A) shall include-- + ``(i) reinstatement with the same seniority status that + the employee would have had, but for the reprisal, + ``(ii) the sum of 200 percent of the amount of back pay + and 100 percent of all lost benefits, with interest, and + ``(iii) compensation for any special damages sustained + as a result of the reprisal, including litigation costs, + expert witness fees, and reasonable attorney fees. + ``(4) Rights retained by employee.--Nothing in this section + shall be deemed to diminish the rights, privileges, or remedies of + any employee under any Federal or State law, or under any + collective bargaining agreement. + ``(5) Nonenforceability of certain provisions waiving rights + and remedies or requiring arbitration of disputes.-- + ``(A) Waiver of rights and remedies.--The rights and + remedies provided for in this subsection may not be waived by + any agreement, policy form, or condition of employment, + including by a predispute arbitration agreement. + ``(B) Predispute arbitration agreements.--No predispute + arbitration agreement shall be valid or enforceable, if the + agreement requires arbitration of a dispute arising under this + subsection.''. (c) Effective Date.-- - (1) In general.--The amendments made by subsection (a) - shall apply to disclosures made after the date of the enactment - of this Act. - (2) Civil protection.--The amendment made by subsection (b) - shall take effect on the date of the enactment of this Act. - + (1) In general.--The amendments made by subsection (a) shall + apply to disclosures made after the date of the enactment of this + Act. + (2) Civil protection.--The amendment made by subsection (b) + shall take effect on the date of the enactment of this Act. SEC. 1406. CUSTOMER SERVICE INFORMATION. - The Secretary of the Treasury (or the Secretary's delegate) shall provide helpful information to taxpayers placed on hold during a telephone call to any Internal Revenue Service help line, including the following: - (1) Information about common tax scams. - (2) Information on where and how to report tax scams. - (3) Additional advice on how taxpayers can protect - themselves from identity theft and tax scams. - + (1) Information about common tax scams. + (2) Information on where and how to report tax scams. + (3) Additional advice on how taxpayers can protect themselves + from identity theft and tax scams. SEC. 1407. MISDIRECTED TAX REFUND DEPOSITS. - Section 6402 is amended by adding at the end the following new subsection: ``(n) Misdirected Direct Deposit Refund.--Not later than the date which is 6 months after the date of the enactment of the Taxpayer First Act, the Secretary shall prescribe regulations to establish procedures to allow for-- - ``(1) taxpayers to report instances in which a refund made - by the Secretary by electronic funds transfer was not - transferred to the account of the taxpayer; - ``(2) coordination with financial institutions for the - purpose of-- - ``(A) identifying the accounts to which transfers - described in paragraph (1) were made; and - ``(B) recovery of the amounts so transferred; and - ``(3) the refund to be delivered to the correct account of - the taxpayer.''. + ``(1) taxpayers to report instances in which a refund made by + the Secretary by electronic funds transfer was not transferred to + the account of the taxpayer; + ``(2) coordination with financial institutions for the purpose + of-- + ``(A) identifying the accounts to which transfers described + in paragraph (1) were made; and + ``(B) recovery of the amounts so transferred; and + ``(3) the refund to be delivered to the correct account of the + taxpayer.''. TITLE II--21ST CENTURY IRS - Subtitle A--Cybersecurity and Identity Protection SEC. 2001. PUBLIC-PRIVATE PARTNERSHIP TO ADDRESS IDENTITY THEFT REFUND - FRAUD. - +FRAUD. The Secretary of the Treasury (or the Secretary's delegate) shall work collaboratively with the public and private sectors to protect taxpayers from identity theft refund fraud. - SEC. 2002. RECOMMENDATIONS OF ELECTRONIC TAX ADMINISTRATION ADVISORY - COMMITTEE REGARDING IDENTITY THEFT REFUND FRAUD. - +COMMITTEE REGARDING IDENTITY THEFT REFUND FRAUD. The Secretary of the Treasury shall ensure that the advisory group convened by the Secretary pursuant to section 2001(b)(2) of the Internal Revenue Service Restructuring and Reform Act of 1998 (commonly @@ -1268,9 +1148,7 @@ known as the Electronic Tax Administration Advisory Committee) studies (including by providing organized public forums) and makes recommendations to the Secretary regarding methods to prevent identity theft and refund fraud. - SEC. 2003. INFORMATION SHARING AND ANALYSIS CENTER. - (a) In General.--The Secretary of the Treasury (or the Secretary's delegate) may participate in an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis @@ -1281,169 +1159,141 @@ Treasury (or the Secretary's delegate) shall develop metrics for measuring the success of such center in detecting and preventing identity theft tax refund fraud. (c) Disclosure.-- - (1) In general.--Section 6103(k), as amended by this Act, - is amended by adding at the end the following new paragraph: - ``(14) Disclosure of return information for purposes of - cybersecurity and the prevention of identity theft tax refund - fraud.-- - ``(A) In general.--Under such procedures and - subject to such conditions as the Secretary may - prescribe, the Secretary may disclose specified return - information to specified ISAC participants to the - extent that the Secretary determines such disclosure is - in furtherance of effective Federal tax administration - relating to the detection or prevention of identity - theft tax refund fraud, validation of taxpayer - identity, authentication of taxpayer returns, or - detection or prevention of cybersecurity threats. - ``(B) Specified isac participants.--For purposes of - this paragraph-- - ``(i) In general.--The term `specified ISAC - participant' means-- - ``(I) any person designated by the - Secretary as having primary - responsibility for a function performed - with respect to the information sharing - and analysis center described in - section 2003(a) of the Taxpayer First - Act, and - ``(II) any person subject to the - requirements of section 7216 and which - is a participant in such information - sharing and analysis center. - ``(ii) Information sharing agreement.--Such - term shall not include any person unless such - person has entered into a written agreement - with the Secretary setting forth the terms and - conditions for the disclosure of information to - such person under this paragraph, including - requirements regarding the protection and - safeguarding of such information by such - person. - ``(C) Specified return information.--For purposes - of this paragraph, the term `specified return - information' means-- - ``(i) in the case of a return which is in - connection with a case of potential identity - theft refund fraud-- - ``(I) in the case of such return - filed electronically, the internet - protocol address, device - identification, email domain name, - speed of completion, method of - authentication, refund method, and such - other return information related to the - electronic filing characteristics of - such return as the Secretary may - identify for purposes of this - subclause, and - ``(II) in the case of such return - prepared by a tax return preparer, - identifying information with respect to - such tax return preparer, including the - preparer taxpayer identification number - and electronic filer identification - number of such preparer, - ``(ii) in the case of a return which is in - connection with a case of a identity theft - refund fraud which has been confirmed by the - Secretary (pursuant to such procedures as the - Secretary may provide), the information - referred to in subclauses (I) and (II) of - clause (i), the name and taxpayer - identification number of the taxpayer as it - appears on the return, and any bank account and - routing information provided for making a - refund in connection with such return, and - ``(iii) in the case of any cybersecurity - threat to the Internal Revenue Service, - information similar to the information - described in subclauses (I) and (II) of clause - (i) with respect to such threat. - ``(D) Restriction on use of disclosed - information.-- - ``(i) Designated third parties.--Any return - information received by a person described in - subparagraph (B)(i)(I) shall be used only for - the purposes of and to the extent necessary - in-- - ``(I) performing the function such - person is designated to perform under - such subparagraph, - ``(II) facilitating disclosures - authorized under subparagraph (A) to - persons described in subparagraph - (B)(i)(II), and - ``(III) facilitating disclosures - authorized under subsection (d) to - participants in such information - sharing and analysis center. - ``(ii) Return preparers.--Any return - information received by a person described in - subparagraph (B)(i)(II) shall be treated for - purposes of section 7216 as information - furnished to such person for, or in connection - with, the preparation of a return of the tax - imposed under chapter 1. - ``(E) Data protection and safeguards.--Return - information disclosed under this paragraph shall be - subject to such protections and safeguards as the - Secretary may require in regulations or other guidance - or in the written agreement referred to in subparagraph - (B)(ii). Such written agreement shall include a - requirement that any unauthorized access to information - disclosed under this paragraph, and any breach of any - system in which such information is held, be reported - to the Treasury Inspector General for Tax - Administration.''. - (2) Application of civil and criminal penalties.-- - (A) Section 6103(a)(3), as amended by this Act, is - amended by striking ``or (13)'' and inserting ``, (13), - or (14)''. - (B) Section 7213(a)(2), as amended by this Act, is - amended by striking ``or (13)'' and inserting ``, (13), - or (14)''. - + (1) In general.--Section 6103(k), as amended by this Act, is + amended by adding at the end the following new paragraph: + ``(14) Disclosure of return information for purposes of + cybersecurity and the prevention of identity theft tax refund + fraud.-- + ``(A) In general.--Under such procedures and subject to + such conditions as the Secretary may prescribe, the Secretary + may disclose specified return information to specified ISAC + participants to the extent that the Secretary determines such + disclosure is in furtherance of effective Federal tax + administration relating to the detection or prevention of + identity theft tax refund fraud, validation of taxpayer + identity, authentication of taxpayer returns, or detection or + prevention of cybersecurity threats. + ``(B) Specified isac participants.--For purposes of this + paragraph-- + ``(i) In general.--The term `specified ISAC + participant' means-- + + ``(I) any person designated by the Secretary as + having primary responsibility for a function performed + with respect to the information sharing and analysis + center described in section 2003(a) of the Taxpayer + First Act, and + ``(II) any person subject to the requirements of + section 7216 and which is a participant in such + information sharing and analysis center. + + ``(ii) Information sharing agreement.--Such term shall + not include any person unless such person has entered into + a written agreement with the Secretary setting forth the + terms and conditions for the disclosure of information to + such person under this paragraph, including requirements + regarding the protection and safeguarding of such + information by such person. + ``(C) Specified return information.--For purposes of this + paragraph, the term `specified return information' means-- + ``(i) in the case of a return which is in connection + with a case of potential identity theft refund fraud-- + + ``(I) in the case of such return filed + electronically, the internet protocol address, device + identification, email domain name, speed of completion, + method of authentication, refund method, and such other + return information related to the electronic filing + characteristics of such return as the Secretary may + identify for purposes of this subclause, and + ``(II) in the case of such return prepared by a tax + return preparer, identifying information with respect + to such tax return preparer, including the preparer + taxpayer identification number and electronic filer + identification number of such preparer, + + ``(ii) in the case of a return which is in connection + with a case of a identity theft refund fraud which has been + confirmed by the Secretary (pursuant to such procedures as + the Secretary may provide), the information referred to in + subclauses (I) and (II) of clause (i), the name and + taxpayer identification number of the taxpayer as it + appears on the return, and any bank account and routing + information provided for making a refund in connection with + such return, and + ``(iii) in the case of any cybersecurity threat to the + Internal Revenue Service, information similar to the + information described in subclauses (I) and (II) of clause + (i) with respect to such threat. + ``(D) Restriction on use of disclosed information.-- + ``(i) Designated third parties.--Any return information + received by a person described in subparagraph (B)(i)(I) + shall be used only for the purposes of and to the extent + necessary in-- + + ``(I) performing the function such person is + designated to perform under such subparagraph, + ``(II) facilitating disclosures authorized under + subparagraph (A) to persons described in subparagraph + (B)(i)(II), and + ``(III) facilitating disclosures authorized under + subsection (d) to participants in such information + sharing and analysis center. + + ``(ii) Return preparers.--Any return information + received by a person described in subparagraph (B)(i)(II) + shall be treated for purposes of section 7216 as + information furnished to such person for, or in connection + with, the preparation of a return of the tax imposed under + chapter 1. + ``(E) Data protection and safeguards.--Return information + disclosed under this paragraph shall be subject to such + protections and safeguards as the Secretary may require in + regulations or other guidance or in the written agreement + referred to in subparagraph (B)(ii). Such written agreement + shall include a requirement that any unauthorized access to + information disclosed under this paragraph, and any breach of + any system in which such information is held, be reported to + the Treasury Inspector General for Tax Administration.''. + (2) Application of civil and criminal penalties.-- + (A) Section 6103(a)(3), as amended by this Act, is amended + by striking ``or (13)'' and inserting ``, (13), or (14)''. + (B) Section 7213(a)(2), as amended by this Act, is amended + by striking ``or (13)'' and inserting ``, (13), or (14)''. SEC. 2004. COMPLIANCE BY CONTRACTORS WITH CONFIDENTIALITY SAFEGUARDS. - (a) In General.--Section 6103(p) is amended by adding at the end the following new paragraph: - ``(9) Disclosure to contractors and other agents.-- - Notwithstanding any other provision of this section, no return - or return information shall be disclosed to any contractor or - other agent of a Federal, State, or local agency unless such - agency, to the satisfaction of the Secretary-- - ``(A) has requirements in effect which require each - such contractor or other agent which would have access - to returns or return information to provide safeguards - (within the meaning of paragraph (4)) to protect the - confidentiality of such returns or return information, - ``(B) agrees to conduct an on-site review every 3 - years (or a mid-point review in the case of contracts - or agreements of less than 3 years in duration) of each - contractor or other agent to determine compliance with - such requirements, - ``(C) submits the findings of the most recent - review conducted under subparagraph (B) to the - Secretary as part of the report required by paragraph - (4)(E), and - ``(D) certifies to the Secretary for the most - recent annual period that such contractor or other - agent is in compliance with all such requirements. - The certification required by subparagraph (D) shall include - the name and address of each contractor or other agent, a - description of the contract or agreement with such contractor - or other agent, and the duration of such contract or agreement. - The requirements of this paragraph shall not apply to - disclosures pursuant to subsection (n) for purposes of Federal - tax administration.''. + ``(9) Disclosure to contractors and other agents.-- + Notwithstanding any other provision of this section, no return or + return information shall be disclosed to any contractor or other + agent of a Federal, State, or local agency unless such agency, to + the satisfaction of the Secretary-- + ``(A) has requirements in effect which require each such + contractor or other agent which would have access to returns or + return information to provide safeguards (within the meaning of + paragraph (4)) to protect the confidentiality of such returns + or return information, + ``(B) agrees to conduct an on-site review every 3 years (or + a mid-point review in the case of contracts or agreements of + less than 3 years in duration) of each contractor or other + agent to determine compliance with such requirements, + ``(C) submits the findings of the most recent review + conducted under subparagraph (B) to the Secretary as part of + the report required by paragraph (4)(E), and + ``(D) certifies to the Secretary for the most recent annual + period that such contractor or other agent is in compliance + with all such requirements. + The certification required by subparagraph (D) shall include the + name and address of each contractor or other agent, a description + of the contract or agreement with such contractor or other agent, + and the duration of such contract or agreement. The requirements of + this paragraph shall not apply to disclosures pursuant to + subsection (n) for purposes of Federal tax administration.''. (b) Conforming Amendment.--Section 6103(p)(8)(B) is amended by inserting ``or paragraph (9)'' after ``subparagraph (A)''. (c) Effective Date.--The amendments made by this section shall apply to disclosures made after December 31, 2022. - SEC. 2005. IDENTITY PROTECTION PERSONAL IDENTIFICATION NUMBERS. - (a) In General.--Subject to subsection (b), the Secretary of the Treasury or the Secretary's delegate (hereafter referred to in this section as the ``Secretary'') shall establish a program to issue, upon @@ -1453,22 +1303,19 @@ information with respect to such individual as determined by the Secretary) to assist the Secretary in verifying such individual's identity. (b) Requirements.-- - (1) Annual expansion.--For each calendar year beginning - after the date of the enactment of this Act, the Secretary - shall provide numbers through the program described in - subsection (a) to individuals residing in such States as the - Secretary deems appropriate, provided that the total number of - States served by such program during such year is greater than - the total number of States served by such program during the - preceding year. - (2) Nationwide availability.--Not later than 5 years after - the date of the enactment of this Act, the Secretary shall - ensure that the program described in subsection (a) is made - available to any individual residing in the United States. - + (1) Annual expansion.--For each calendar year beginning after + the date of the enactment of this Act, the Secretary shall provide + numbers through the program described in subsection (a) to + individuals residing in such States as the Secretary deems + appropriate, provided that the total number of States served by + such program during such year is greater than the total number of + States served by such program during the preceding year. + (2) Nationwide availability.--Not later than 5 years after the + date of the enactment of this Act, the Secretary shall ensure that + the program described in subsection (a) is made available to any + individual residing in the United States. SEC. 2006. SINGLE POINT OF CONTACT FOR TAX-RELATED IDENTITY THEFT - VICTIMS. - +VICTIMS. (a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall establish and implement procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected @@ -1478,121 +1325,110 @@ case. The single point of contact shall track the taxpayer's case to completion and coordinate with other Internal Revenue Service employees to resolve case issues as quickly as possible. (b) Single Point of Contact.-- - (1) In general.--For purposes of subsection (a), the single - point of contact shall consist of a team or subset of specially - trained employees who-- - (A) have the ability to work across functions to - resolve the issues involved in the taxpayer's case; and - (B) shall be accountable for handling the case - until its resolution. - (2) Team or subset.--The employees included within the team - or subset described in paragraph (1) may change as required to - meet the needs of the Internal Revenue Service, provided that - procedures have been established to-- - (A) ensure continuity of records and case history; - and - (B) notify the taxpayer when appropriate. - + (1) In general.--For purposes of subsection (a), the single + point of contact shall consist of a team or subset of specially + trained employees who-- + (A) have the ability to work across functions to resolve + the issues involved in the taxpayer's case; and + (B) shall be accountable for handling the case until its + resolution. + (2) Team or subset.--The employees included within the team or + subset described in paragraph (1) may change as required to meet + the needs of the Internal Revenue Service, provided that procedures + have been established to-- + (A) ensure continuity of records and case history; and + (B) notify the taxpayer when appropriate. SEC. 2007. NOTIFICATION OF SUSPECTED IDENTITY THEFT. - (a) In General.--Chapter 77 is amended by adding at the end the following new section: - ``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT. - ``(a) In General.--If the Secretary determines that there has been or may have been an unauthorized use of the identity of any individual, the Secretary shall, without jeopardizing an investigation relating to tax administration-- - ``(1) as soon as practicable-- - ``(A) notify the individual of such determination, - ``(B) provide instructions on how to file a report - with law enforcement regarding the unauthorized use, - ``(C) identify any steps to be taken by the - individual to permit law enforcement to access personal - information of the individual during the investigation, - ``(D) provide information regarding actions the - individual may take in order to protect the individual - from harm relating to the unauthorized use, and - ``(E) offer identity protection measures to the - individual, such as the use of an identity protection - personal identification number, and - ``(2) at the time the information described in paragraph - (1) is provided (or, if not available at such time, as soon as - practicable thereafter), issue additional notifications to such - individual (or such individual's designee) regarding-- - ``(A) whether an investigation has been initiated - in regards to such unauthorized use, - ``(B) whether the investigation substantiated an - unauthorized use of the identity of the individual, and - ``(C) whether-- - ``(i) any action has been taken against a - person relating to such unauthorized use, or - ``(ii) any referral has been made for - criminal prosecution of such person and, to the - extent such information is available, whether - such person has been criminally charged by - indictment or information. + ``(1) as soon as practicable-- + ``(A) notify the individual of such determination, + ``(B) provide instructions on how to file a report with law + enforcement regarding the unauthorized use, + ``(C) identify any steps to be taken by the individual to + permit law enforcement to access personal information of the + individual during the investigation, + ``(D) provide information regarding actions the individual + may take in order to protect the individual from harm relating + to the unauthorized use, and + ``(E) offer identity protection measures to the individual, + such as the use of an identity protection personal + identification number, and + ``(2) at the time the information described in paragraph (1) is + provided (or, if not available at such time, as soon as practicable + thereafter), issue additional notifications to such individual (or + such individual's designee) regarding-- + ``(A) whether an investigation has been initiated in + regards to such unauthorized use, + ``(B) whether the investigation substantiated an + unauthorized use of the identity of the individual, and + ``(C) whether-- + ``(i) any action has been taken against a person + relating to such unauthorized use, or + ``(ii) any referral has been made for criminal + prosecution of such person and, to the extent such + information is available, whether such person has been + criminally charged by indictment or information. ``(b) Employment-Related Identity Theft.-- - ``(1) In general.--For purposes of this section, the - unauthorized use of the identity of an individual includes the - unauthorized use of the identity of the individual to obtain - employment. - ``(2) Determination of employment-related identity theft.-- - For purposes of this section, in making a determination as to - whether there has been or may have been an unauthorized use of - the identity of an individual to obtain employment, the - Secretary shall review any information-- - ``(A) obtained from a statement described in - section 6051 or an information return relating to - compensation for services rendered other than as an - employee, or - ``(B) provided to the Internal Revenue Service by - the Social Security Administration regarding any - statement described in section 6051, - which indicates that the social security account number - provided on such statement or information return does not - correspond with the name provided on such statement or - information return or the name on the tax return reporting the - income which is included on such statement or information - return.''. + ``(1) In general.--For purposes of this section, the + unauthorized use of the identity of an individual includes the + unauthorized use of the identity of the individual to obtain + employment. + ``(2) Determination of employment-related identity theft.--For + purposes of this section, in making a determination as to whether + there has been or may have been an unauthorized use of the identity + of an individual to obtain employment, the Secretary shall review + any information-- + ``(A) obtained from a statement described in section 6051 + or an information return relating to compensation for services + rendered other than as an employee, or + ``(B) provided to the Internal Revenue Service by the + Social Security Administration regarding any statement + described in section 6051, + which indicates that the social security account number provided on + such statement or information return does not correspond with the + name provided on such statement or information return or the name + on the tax return reporting the income which is included on such + statement or information return.''. (b) Additional Measures.-- - (1) Examination of both paper and electronic statements and - returns.--The Secretary of the Treasury (or the Secretary's - delegate) shall examine the statements, information returns, - and tax returns described in section 7529(b)(2) of the Internal - Revenue Code of 1986 (as added by subsection (a)) for any - evidence of employment-related identity theft, regardless of - whether such statements or returns are submitted electronically - or on paper. - (2) Improvement of effective return processing program with - social security administration.--Section 232 of the Social - Security Act (42 U.S.C. 432) is amended by inserting after the - third sentence the following: ``For purposes of carrying out - the return processing program described in the preceding - sentence, the Commissioner of Social Security shall request, - not less than annually, such information described in section - 7529(b)(2) of the Internal Revenue Code of 1986 as may be - necessary to ensure the accuracy of the records maintained by - the Commissioner of Social Security related to the amounts of - wages paid to, and the amounts of self-employment income - derived by, individuals.''. - (3) Underreporting of income.--The Secretary of the - Treasury (or the Secretary's delegate) shall establish - procedures to ensure that income reported in connection with - the unauthorized use of a taxpayer's identity is not taken into - account in determining any penalty for underreporting of income - by the victim of identity theft. + (1) Examination of both paper and electronic statements and + returns.--The Secretary of the Treasury (or the Secretary's + delegate) shall examine the statements, information returns, and + tax returns described in section 7529(b)(2) of the Internal Revenue + Code of 1986 (as added by subsection (a)) for any evidence of + employment-related identity theft, regardless of whether such + statements or returns are submitted electronically or on paper. + (2) Improvement of effective return processing program with + social security administration.--Section 232 of the Social Security + Act (42 U.S.C. 432) is amended by inserting after the third + sentence the following: ``For purposes of carrying out the return + processing program described in the preceding sentence, the + Commissioner of Social Security shall request, not less than + annually, such information described in section 7529(b)(2) of the + Internal Revenue Code of 1986 as may be necessary to ensure the + accuracy of the records maintained by the Commissioner of Social + Security related to the amounts of wages paid to, and the amounts + of self-employment income derived by, individuals.''. + (3) Underreporting of income.--The Secretary of the Treasury + (or the Secretary's delegate) shall establish procedures to ensure + that income reported in connection with the unauthorized use of a + taxpayer's identity is not taken into account in determining any + penalty for underreporting of income by the victim of identity + theft. (c) Clerical Amendment.--The table of sections for chapter 77 is amended by adding at the end the following new item: ``Sec. 7529. Notification of suspected identity theft.''. + (d) Effective Date.--The amendments made by this section shall apply to determinations made after the date that is 6 months after the date of the enactment of this Act. - SEC. 2008. GUIDELINES FOR STOLEN IDENTITY REFUND FRAUD CASES. - (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate), in consultation with the National Taxpayer @@ -1602,49 +1438,43 @@ that reduces the administrative burden on taxpayers who are victims of such fraud. (b) Standards and Procedures To Be Considered.--The guidelines described in subsection (a) may include-- - (1) standards for-- - (A) the average length of time in which a case - involving stolen identity refund fraud should be - resolved; - (B) the maximum length of time, on average, a - taxpayer who is a victim of stolen identity refund - fraud and is entitled to a tax refund which has been - stolen should have to wait to receive such refund; and - (C) the maximum number of offices and employees - within the Internal Revenue Service with whom a - taxpayer who is a victim of stolen identity refund - fraud should be required to interact in order to - resolve a case; - (2) standards for opening, assigning, reassigning, or - closing a case involving stolen identity refund fraud; and - (3) procedures for implementing and accomplishing the - standards described in paragraphs (1) and (2), and measures for - evaluating such procedures and determining whether such - standards have been successfully implemented. - + (1) standards for-- + (A) the average length of time in which a case involving + stolen identity refund fraud should be resolved; + (B) the maximum length of time, on average, a taxpayer who + is a victim of stolen identity refund fraud and is entitled to + a tax refund which has been stolen should have to wait to + receive such refund; and + (C) the maximum number of offices and employees within the + Internal Revenue Service with whom a taxpayer who is a victim + of stolen identity refund fraud should be required to interact + in order to resolve a case; + (2) standards for opening, assigning, reassigning, or closing a + case involving stolen identity refund fraud; and + (3) procedures for implementing and accomplishing the standards + described in paragraphs (1) and (2), and measures for evaluating + such procedures and determining whether such standards have been + successfully implemented. SEC. 2009. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF - INFORMATION BY PREPARERS OF RETURNS. - +INFORMATION BY PREPARERS OF RETURNS. (a) In General.--Section 6713 is amended-- - (1) by redesignating subsections (b) and (c) as subsections - (c) and (d), respectively; and - (2) by inserting after subsection (a) the following new - subsection: + (1) by redesignating subsections (b) and (c) as subsections (c) + and (d), respectively; and + (2) by inserting after subsection (a) the following new + subsection: ``(b) Enhanced Penalty for Improper Use or Disclosure Relating to Identity Theft.-- - ``(1) In general.--In the case of a disclosure or use - described in subsection (a) that is made in connection with a - crime relating to the misappropriation of another person's - taxpayer identity (as defined in section 6103(b)(6)), whether - or not such crime involves any tax filing, subsection (a) shall - be applied-- - ``(A) by substituting `$1,000' for `$250', and - ``(B) by substituting `$50,000' for `$10,000'. - ``(2) Separate application of total penalty limitation.-- - The limitation on the total amount of the penalty under - subsection (a) shall be applied separately with respect to - disclosures or uses to which this subsection applies and to - which it does not apply.''. + ``(1) In general.--In the case of a disclosure or use described + in subsection (a) that is made in connection with a crime relating + to the misappropriation of another person's taxpayer identity (as + defined in section 6103(b)(6)), whether or not such crime involves + any tax filing, subsection (a) shall be applied-- + ``(A) by substituting `$1,000' for `$250', and + ``(B) by substituting `$50,000' for `$10,000'. + ``(2) Separate application of total penalty limitation.--The + limitation on the total amount of the penalty under subsection (a) + shall be applied separately with respect to disclosures or uses to + which this subsection applies and to which it does not apply.''. (b) Criminal Penalty.--Section 7216(a) is amended by striking ``$1,000'' and inserting ``$1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies)''. @@ -1655,146 +1485,130 @@ this Act. Subtitle B--Development of Information Technology SEC. 2101. MANAGEMENT OF INTERNAL REVENUE SERVICE INFORMATION - TECHNOLOGY. - +TECHNOLOGY. (a) Duties and Responsibilities of Internal Revenue Service Chief Information Officer.--Section 7803, as amended by section 1001, is amended by adding at the end the following new subsection: ``(f) Internal Revenue Service Chief Information Officer.-- - ``(1) In general.--There shall be in the Internal Revenue - Service an Internal Revenue Service Chief Information Officer - (hereafter referred to in this subsection as the `IRS CIO') who - shall be appointed by the Commissioner of Internal Revenue. - ``(2) Centralized responsibility for internal revenue - service information technology.--The Commissioner of Internal - Revenue (and the Secretary) shall act through the IRS CIO with - respect to all development, implementation, and maintenance of - information technology for the Internal Revenue Service. Any - reference in this subsection to the IRS CIO which directs the - IRS CIO to take any action, or to assume any responsibility, - shall be treated as a reference to the Commissioner of Internal - Revenue acting through the IRS CIO. - ``(3) General duties and responsibilities.--The IRS CIO - shall-- - ``(A) be responsible for the development, - implementation, and maintenance of information - technology for the Internal Revenue Service, - ``(B) ensure that the information technology of the - Internal Revenue Service is secure and integrated, - ``(C) maintain operational control of all - information technology for the Internal Revenue - Service, - ``(D) be the principal advocate for the information - technology needs of the Internal Revenue Service, and - ``(E) consult with the Chief Procurement Officer of - the Internal Revenue Service to ensure that the - information technology acquired for the Internal - Revenue Service is consistent with-- - ``(i) the goals and requirements specified - in subparagraphs (A) through (D), and - ``(ii) the strategic plan developed under - paragraph (4). - ``(4) Strategic plan.-- - ``(A) In general.--The IRS CIO shall develop and - implement a multiyear strategic plan for the - information technology needs of the Internal Revenue - Service. Such plan shall-- - ``(i) include performance measurements of - such technology and of the implementation of - such plan, - ``(ii) include a plan for an integrated - enterprise architecture of the information - technology of the Internal Revenue Service, - ``(iii) include and take into account the - resources needed to accomplish such plan, - ``(iv) take into account planned major - acquisitions of information technology by the - Internal Revenue Service, and - ``(v) align with the needs and strategic - plan of the Internal Revenue Service. - ``(B) Plan updates.--The IRS CIO shall, not less - frequently than annually, review and update the - strategic plan under subparagraph (A) (including the - plan for an integrated enterprise architecture - described in subparagraph (A)(ii)) to take into account - the development of new information technology and the - needs of the Internal Revenue Service. - ``(5) Scope of authority.-- - ``(A) Information technology.--For purposes of this - subsection, the term `information technology' has the - meaning given such term by section 11101 of title 40, - United States Code. - ``(B) Internal revenue service.--Any reference in - this subsection to the Internal Revenue Service - includes a reference to all components of the Internal - Revenue Service, including-- - ``(i) the Office of the Taxpayer Advocate, - ``(ii) the Criminal Investigation Division - of the Internal Revenue Service, and - ``(iii) except as otherwise provided by the - Secretary with respect to information - technology related to matters described in - subsection (b)(3)(B), the Office of the Chief - Counsel.''. + ``(1) In general.--There shall be in the Internal Revenue + Service an Internal Revenue Service Chief Information Officer + (hereafter referred to in this subsection as the `IRS CIO') who + shall be appointed by the Commissioner of Internal Revenue. + ``(2) Centralized responsibility for internal revenue service + information technology.--The Commissioner of Internal Revenue (and + the Secretary) shall act through the IRS CIO with respect to all + development, implementation, and maintenance of information + technology for the Internal Revenue Service. Any reference in this + subsection to the IRS CIO which directs the IRS CIO to take any + action, or to assume any responsibility, shall be treated as a + reference to the Commissioner of Internal Revenue acting through + the IRS CIO. + ``(3) General duties and responsibilities.--The IRS CIO shall-- + ``(A) be responsible for the development, implementation, + and maintenance of information technology for the Internal + Revenue Service, + ``(B) ensure that the information technology of the + Internal Revenue Service is secure and integrated, + ``(C) maintain operational control of all information + technology for the Internal Revenue Service, + ``(D) be the principal advocate for the information + technology needs of the Internal Revenue Service, and + ``(E) consult with the Chief Procurement Officer of the + Internal Revenue Service to ensure that the information + technology acquired for the Internal Revenue Service is + consistent with-- + ``(i) the goals and requirements specified in + subparagraphs (A) through (D), and + ``(ii) the strategic plan developed under paragraph + (4). + ``(4) Strategic plan.-- + ``(A) In general.--The IRS CIO shall develop and implement + a multiyear strategic plan for the information technology needs + of the Internal Revenue Service. Such plan shall-- + ``(i) include performance measurements of such + technology and of the implementation of such plan, + ``(ii) include a plan for an integrated enterprise + architecture of the information technology of the Internal + Revenue Service, + ``(iii) include and take into account the resources + needed to accomplish such plan, + ``(iv) take into account planned major acquisitions of + information technology by the Internal Revenue Service, and + ``(v) align with the needs and strategic plan of the + Internal Revenue Service. + ``(B) Plan updates.--The IRS CIO shall, not less frequently + than annually, review and update the strategic plan under + subparagraph (A) (including the plan for an integrated + enterprise architecture described in subparagraph (A)(ii)) to + take into account the development of new information technology + and the needs of the Internal Revenue Service. + ``(5) Scope of authority.-- + ``(A) Information technology.--For purposes of this + subsection, the term `information technology' has the meaning + given such term by section 11101 of title 40, United States + Code. + ``(B) Internal revenue service.--Any reference in this + subsection to the Internal Revenue Service includes a reference + to all components of the Internal Revenue Service, including-- + ``(i) the Office of the Taxpayer Advocate, + ``(ii) the Criminal Investigation Division of the + Internal Revenue Service, and + ``(iii) except as otherwise provided by the Secretary + with respect to information technology related to matters + described in subsection (b)(3)(B), the Office of the Chief + Counsel.''. (b) Independent Verification and Validation of the Customer Account Data Engine 2 and Enterprise Case Management System.-- - (1) In general.--The Commissioner of Internal Revenue shall - enter into a contract with an independent reviewer to verify - and validate the implementation plans (including the - performance milestones and cost estimates included in such - plans) developed for the Customer Account Data Engine 2 and the - Enterprise Case Management System. - (2) Deadline for completion.--Such contract shall require - that such verification and validation be completed not later - than the date which is 1 year after the date of the enactment - of this Act. - (3) Application to phases of cade 2.-- - (A) In general.--Paragraphs (1) and (2) shall not - apply to phase 1 of the Customer Account Data Engine 2 - and shall apply separately to each other phase. - (B) Deadline for completing plans.--Not later than - 1 year after the date of the enactment of this Act, the - Commissioner of Internal Revenue shall complete the - development of plans for all phases of the Customer - Account Data Engine 2. - (C) Deadline for completion of verification and - validation of plans.--In the case of any phase after - phase 2 of the Customer Account Data Engine 2, - paragraph (2) shall be applied by substituting ``the - date on which the plan for such phase was completed'' - for ``the date of the enactment of this Act''. + (1) In general.--The Commissioner of Internal Revenue shall + enter into a contract with an independent reviewer to verify and + validate the implementation plans (including the performance + milestones and cost estimates included in such plans) developed for + the Customer Account Data Engine 2 and the Enterprise Case + Management System. + (2) Deadline for completion.--Such contract shall require that + such verification and validation be completed not later than the + date which is 1 year after the date of the enactment of this Act. + (3) Application to phases of cade 2.-- + (A) In general.--Paragraphs (1) and (2) shall not apply to + phase 1 of the Customer Account Data Engine 2 and shall apply + separately to each other phase. + (B) Deadline for completing plans.--Not later than 1 year + after the date of the enactment of this Act, the Commissioner + of Internal Revenue shall complete the development of plans for + all phases of the Customer Account Data Engine 2. + (C) Deadline for completion of verification and validation + of plans.--In the case of any phase after phase 2 of the + Customer Account Data Engine 2, paragraph (2) shall be applied + by substituting ``the date on which the plan for such phase was + completed'' for ``the date of the enactment of this Act''. (c) Coordination of IRS CIO and Chief Procurement Officer of the Internal Revenue Service.-- - (1) In general.--The Chief Procurement Officer of the - Internal Revenue Service shall-- - (A) identify all significant IRS information - technology acquisitions and provide written - notification to the Internal Revenue Service Chief - Information Officer (hereafter referred to in this - subsection as the ``IRS CIO'') of each such acquisition - in advance of such acquisition, and - (B) regularly consult with the IRS CIO regarding - acquisitions of information technology for the Internal - Revenue Service, including meeting with the IRS CIO - regarding such acquisitions upon request. - (2) Significant irs information technology acquisitions.-- - For purposes of this subsection, the term ``significant IRS - information technology acquisitions'' means-- - (A) any acquisition of information technology for - the Internal Revenue Service in excess of $1 million; - and - (B) such other acquisitions of information - technology for the Internal Revenue Service (or - categories of such acquisitions) as the IRS CIO, in - consultation with the Chief Procurement Officer of the - Internal Revenue Service, may identify. - (3) Scope.--Terms used in this subsection which are also - used in section 7803(f) of the Internal Revenue Code of 1986 - (as added by subsection (a)) shall have the same meaning as - when used in such section. - + (1) In general.--The Chief Procurement Officer of the Internal + Revenue Service shall-- + (A) identify all significant IRS information technology + acquisitions and provide written notification to the Internal + Revenue Service Chief Information Officer (hereafter referred + to in this subsection as the ``IRS CIO'') of each such + acquisition in advance of such acquisition, and + (B) regularly consult with the IRS CIO regarding + acquisitions of information technology for the Internal Revenue + Service, including meeting with the IRS CIO regarding such + acquisitions upon request. + (2) Significant irs information technology acquisitions.--For + purposes of this subsection, the term ``significant IRS information + technology acquisitions'' means-- + (A) any acquisition of information technology for the + Internal Revenue Service in excess of $1 million; and + (B) such other acquisitions of information technology for + the Internal Revenue Service (or categories of such + acquisitions) as the IRS CIO, in consultation with the Chief + Procurement Officer of the Internal Revenue Service, may + identify. + (3) Scope.--Terms used in this subsection which are also used + in section 7803(f) of the Internal Revenue Code of 1986 (as added + by subsection (a)) shall have the same meaning as when used in such + section. SEC. 2102. INTERNET PLATFORM FOR FORM 1099 FILINGS. - (a) In General.--Not later than January 1, 2023, the Secretary of the Treasury or the Secretary's delegate (hereafter referred to in this section as the ``Secretary'') shall make available an internet website @@ -1803,78 +1617,66 @@ similar to the Business Services Online Suite of Services provided by the Social Security Administration, that provides access to resources and guidance provided by the Internal Revenue Service and allows persons to-- - (1) prepare and file Forms 1099; - (2) prepare Forms 1099 for distribution to recipients other - than the Internal Revenue Service; and - (3) maintain a record of completed, filed, and distributed - Forms 1099. + (1) prepare and file Forms 1099; + (2) prepare Forms 1099 for distribution to recipients other + than the Internal Revenue Service; and + (3) maintain a record of completed, filed, and distributed + Forms 1099. (b) Electronic Services Treated as Supplemental; Application of Security Standards.--The Secretary shall ensure that the services described in subsection (a)-- - (1) are a supplement to, and not a replacement for, other - services provided by the Internal Revenue Service to taxpayers; - and - (2) comply with applicable security standards and - guidelines. - + (1) are a supplement to, and not a replacement for, other + services provided by the Internal Revenue Service to taxpayers; and + (2) comply with applicable security standards and guidelines. SEC. 2103. STREAMLINED CRITICAL PAY AUTHORITY FOR INFORMATION - TECHNOLOGY POSITIONS. - +TECHNOLOGY POSITIONS. (a) In General.--Subchapter A of chapter 80 is amended by adding at the end the following new section: - ``SEC. 7812. STREAMLINED CRITICAL PAY AUTHORITY FOR INFORMATION - TECHNOLOGY POSITIONS. - +TECHNOLOGY POSITIONS. ``In the case of any position which is critical to the functionality of the information technology operations of the Internal Revenue Service-- - ``(1) section 9503 of title 5, United States Code, shall be - applied-- - ``(A) by substituting `during the period beginning - on the date of the enactment of section 7812 of the - Internal Revenue Code of 1986, and ending on September - 30, 2025' for `Before September 30, 2013 in subsection - (a)', - ``(B) without regard to subparagraph (B) of - subsection (a)(1), and - ``(C) by substituting `the date of the enactment of - the Taxpayer First Act' for `June 1, 1998' in - subsection (a)(6), - ``(2) section 9504 of such title 5 shall be applied by - substituting `During the period beginning on the date of the - enactment of section 7812 of the Internal Revenue Code of 1986, - and ending on September 30, 2025' for `Before September 30, - 2013' each place it appears in subsections (a) and (b), and - ``(3) section 9505 of such title shall be applied-- - ``(A) by substituting `During the period beginning - on the date of the enactment of section 7812 of the - Internal Revenue Code of 1986, and ending on September - 30, 2025' for `Before September 30, 2013' in subsection - (a), and - ``(B) by substituting `the information technology - operations' for `significant functions' in subsection - (a).''. + ``(1) section 9503 of title 5, United States Code, shall be + applied-- + ``(A) by substituting `during the period beginning on the + date of the enactment of section 7812 of the Internal Revenue + Code of 1986, and ending on September 30, 2025' for `Before + September 30, 2013 in subsection (a)', + ``(B) without regard to subparagraph (B) of subsection + (a)(1), and + ``(C) by substituting `the date of the enactment of the + Taxpayer First Act' for `June 1, 1998' in subsection (a)(6), + ``(2) section 9504 of such title 5 shall be applied by + substituting `During the period beginning on the date of the + enactment of section 7812 of the Internal Revenue Code of 1986, and + ending on September 30, 2025' for `Before September 30, 2013' each + place it appears in subsections (a) and (b), and + ``(3) section 9505 of such title shall be applied-- + ``(A) by substituting `During the period beginning on the + date of the enactment of section 7812 of the Internal Revenue + Code of 1986, and ending on September 30, 2025' for `Before + September 30, 2013' in subsection (a), and + ``(B) by substituting `the information technology + operations' for `significant functions' in subsection (a).''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 80 is amended by adding at the end the following new item: ``Sec. 7812. Streamlined critical pay authority for information - technology positions.''. + technology positions.''. Subtitle C--Modernization of Consent-Based Income Verification System SEC. 2201. DISCLOSURE OF TAXPAYER INFORMATION FOR THIRD-PARTY INCOME - VERIFICATION. - +VERIFICATION. (a) In General.--Not later than 1 year after the close of the 2- year period described in subsection (d)(1), the Secretary of the Treasury or the Secretary's delegate (hereafter referred to in this section as the ``Secretary'') shall implement a program to ensure that any qualified disclosure-- - (1) is fully automated and accomplished through the - internet; and - (2) is accomplished in as close to real-time as is - practicable. + (1) is fully automated and accomplished through the internet; + and + (2) is accomplished in as close to real-time as is practicable. (b) Qualified Disclosure.--For purposes of this section, the term ``qualified disclosure'' means a disclosure under section 6103(c) of the Internal Revenue Code of 1986 of returns or return information by @@ -1885,26 +1687,22 @@ loan application. that the program described in subsection (a) complies with applicable security standards and guidelines. (d) User Fee.-- - (1) In general.--During the 2-year period beginning on the - first day of the sixth calendar month beginning after the date - of the enactment of this Act, the Secretary shall assess and - collect a fee for qualified disclosures (in addition to any - other fee assessed and collected for such disclosures) at such - rates as the Secretary determines are sufficient to cover the - costs related to implementing the program described in - subsection (a), including the costs of any necessary - infrastructure or technology. - (2) Deposit of collections.--Amounts received from fees - assessed and collected under paragraph (1) shall be deposited - in, and credited to, an account solely for the purpose of - carrying out the activities described in subsection (a). Such - amounts shall be available to carry out such activities without - need of further appropriation and without fiscal year - limitation. - + (1) In general.--During the 2-year period beginning on the + first day of the sixth calendar month beginning after the date of + the enactment of this Act, the Secretary shall assess and collect a + fee for qualified disclosures (in addition to any other fee + assessed and collected for such disclosures) at such rates as the + Secretary determines are sufficient to cover the costs related to + implementing the program described in subsection (a), including the + costs of any necessary infrastructure or technology. + (2) Deposit of collections.--Amounts received from fees + assessed and collected under paragraph (1) shall be deposited in, + and credited to, an account solely for the purpose of carrying out + the activities described in subsection (a). Such amounts shall be + available to carry out such activities without need of further + appropriation and without fiscal year limitation. SEC. 2202. LIMIT REDISCLOSURES AND USES OF CONSENT-BASED DISCLOSURES OF - TAX RETURN INFORMATION. - +TAX RETURN INFORMATION. (a) In General.--Section 6103(c) is amended by adding at the end the following: ``Persons designated by the taxpayer under this subsection to receive return information shall not use the information @@ -1920,47 +1718,37 @@ date of the enactment of this Act. Subtitle D--Expanded Use of Electronic Systems SEC. 2301. ELECTRONIC FILING OF RETURNS. - (a) In General.--Section 6011(e)(2)(A) is amended by striking ``250'' and inserting ``the applicable number of''. (b) Applicable Number.--Section 6011(e) is amended by striking paragraph (5) and inserting the following new paragraphs: - ``(5) Applicable number.-- - ``(A) In general.--For purposes of paragraph - (2)(A), the applicable number shall be-- - ``(i) except as provided in subparagraph - (B), in the case of calendar years before 2021, - 250, - ``(ii) in the case of calendar year 2021, - 100, and - ``(iii) in the case of calendar years after - 2021, 10. - ``(B) Special rule for partnerships for 2018, 2019, - 2020, and 2021.--In the case of a partnership, for any - calendar year before 2022, the applicable number shall - be-- - ``(i) in the case of calendar year 2018, - 200, - ``(ii) in the case of calendar year 2019, - 150, - ``(iii) in the case of calendar year 2020, - 100, and - ``(iv) in the case of calendar year 2021, - 50. - ``(6) Partnerships required to file on magnetic media.-- - Notwithstanding paragraph (2)(A), the Secretary shall require - partnerships having more than 100 partners to file returns on - magnetic media.''. + ``(5) Applicable number.-- + ``(A) In general.--For purposes of paragraph (2)(A), the + applicable number shall be-- + ``(i) except as provided in subparagraph (B), in the + case of calendar years before 2021, 250, + ``(ii) in the case of calendar year 2021, 100, and + ``(iii) in the case of calendar years after 2021, 10. + ``(B) Special rule for partnerships for 2018, 2019, 2020, + and 2021.--In the case of a partnership, for any calendar year + before 2022, the applicable number shall be-- + ``(i) in the case of calendar year 2018, 200, + ``(ii) in the case of calendar year 2019, 150, + ``(iii) in the case of calendar year 2020, 100, and + ``(iv) in the case of calendar year 2021, 50. + ``(6) Partnerships required to file on magnetic media.-- + Notwithstanding paragraph (2)(A), the Secretary shall require + partnerships having more than 100 partners to file returns on + magnetic media.''. (c) Returns Filed by a Tax Return Preparer.--Section 6011(e)(3) is amended by adding at the end the following new subparagraph: - ``(D) Exception for certain preparers located in - areas without internet access.--The Secretary may waive - the requirement of subparagraph (A) if the Secretary - determines, on the basis of an application by the tax - return preparer, that the preparer cannot meet such - requirement by reason of being located in a geographic - area which does not have access to internet service - (other than dial-up or satellite service).''. + ``(D) Exception for certain preparers located in areas + without internet access.--The Secretary may waive the + requirement of subparagraph (A) if the Secretary determines, on + the basis of an application by the tax return preparer, that + the preparer cannot meet such requirement by reason of being + located in a geographic area which does not have access to + internet service (other than dial-up or satellite service).''. (d) Conforming Amendment.--Section 6724(c) is amended by striking ``250 information returns (more than 100 information returns in the case of a partnership having more than 100 partners)'' and inserting @@ -1969,35 +1757,28 @@ respect to the calendar year to which such returns relate) of information returns''. (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. - SEC. 2302. UNIFORM STANDARDS FOR THE USE OF ELECTRONIC SIGNATURES FOR - DISCLOSURE AUTHORIZATIONS TO, AND OTHER AUTHORIZATIONS - OF, PRACTITIONERS. - +DISCLOSURE AUTHORIZATIONS TO, AND OTHER AUTHORIZATIONS OF, +PRACTITIONERS. Section 6061(b)(3) is amended to read as follows: - ``(3) Published guidance.-- - ``(A) In general.--The Secretary shall publish - guidance as appropriate to define and implement any - waiver of the signature requirements or any method - adopted under paragraph (1). - ``(B) Electronic signatures for disclosure - authorizations to, and other authorizations of, - practitioners.--Not later than 6 months after the date - of the enactment of this subparagraph, the Secretary - shall publish guidance to establish uniform standards - and procedures for the acceptance of taxpayers' - signatures appearing in electronic form with respect to - any request for disclosure of a taxpayer's return or - return information under section 6103(c) to a - practitioner or any power of attorney granted by a - taxpayer to a practitioner. - ``(C) Practitioner.--For purposes of subparagraph - (B), the term `practitioner' means any individual in - good standing who is regulated under section 330 of - title 31, United States Code.''. - + ``(3) Published guidance.-- + ``(A) In general.--The Secretary shall publish guidance as + appropriate to define and implement any waiver of the signature + requirements or any method adopted under paragraph (1). + ``(B) Electronic signatures for disclosure authorizations + to, and other authorizations of, practitioners.--Not later than + 6 months after the date of the enactment of this subparagraph, + the Secretary shall publish guidance to establish uniform + standards and procedures for the acceptance of taxpayers' + signatures appearing in electronic form with respect to any + request for disclosure of a taxpayer's return or return + information under section 6103(c) to a practitioner or any + power of attorney granted by a taxpayer to a practitioner. + ``(C) Practitioner.--For purposes of subparagraph (B), the + term `practitioner' means any individual in good standing who + is regulated under section 330 of title 31, United States + Code.''. SEC. 2303. PAYMENT OF TAXES BY DEBIT AND CREDIT CARDS. - Section 6311(d)(2) is amended by adding at the end the following: ``The preceding sentence shall not apply to the extent that the Secretary ensures that any such fee or other consideration is fully @@ -2006,9 +1787,7 @@ persons paying taxes imposed under subtitle A with credit, debit, or charge cards pursuant to such contract. Notwithstanding the preceding sentence, the Secretary shall seek to minimize the amount of any fee or other consideration that the Secretary pays under any such contract.''. - SEC. 2304. AUTHENTICATION OF USERS OF ELECTRONIC SERVICES ACCOUNTS. - Beginning 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall verify the identity of any individual opening an e-Services account with the @@ -2018,44 +1797,36 @@ Services tools. Subtitle E--Other Provisions SEC. 2401. REPEAL OF PROVISION REGARDING CERTAIN TAX COMPLIANCE - PROCEDURES AND REPORTS. - +PROCEDURES AND REPORTS. Section 2004 of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 6012 note) is repealed. - SEC. 2402. COMPREHENSIVE TRAINING STRATEGY. - Not later than 1 year after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to Congress a written report providing a comprehensive training strategy for employees of the Internal Revenue Service, including-- - (1) a plan to streamline current training processes, - including an assessment of the utility of further consolidating - internal training programs, technology, and funding; - (2) a plan to develop annual training regarding taxpayer - rights, including the role of the Office of the Taxpayer - Advocate, for employees that interface with taxpayers and the - direct managers of such employees; - (3) a plan to improve technology-based training; - (4) proposals to-- - (A) focus employee training on early, fair, and - efficient resolution of taxpayer disputes for employees - that interface with taxpayers and the direct managers - of such employees; and - (B) ensure consistency of skill development and - employee evaluation throughout the Internal Revenue - Service; and - (5) a thorough assessment of the funding necessary to - implement such strategy. + (1) a plan to streamline current training processes, including + an assessment of the utility of further consolidating internal + training programs, technology, and funding; + (2) a plan to develop annual training regarding taxpayer + rights, including the role of the Office of the Taxpayer Advocate, + for employees that interface with taxpayers and the direct managers + of such employees; + (3) a plan to improve technology-based training; + (4) proposals to-- + (A) focus employee training on early, fair, and efficient + resolution of taxpayer disputes for employees that interface + with taxpayers and the direct managers of such employees; and + (B) ensure consistency of skill development and employee + evaluation throughout the Internal Revenue Service; and + (5) a thorough assessment of the funding necessary to implement + such strategy. TITLE III--MISCELLANEOUS PROVISIONS - Subtitle A--Reform of Laws Governing Internal Revenue Service Employees SEC. 3001. PROHIBITION ON REHIRING ANY EMPLOYEE OF THE INTERNAL REVENUE - SERVICE WHO WAS INVOLUNTARILY SEPARATED FROM SERVICE FOR - MISCONDUCT. - +SERVICE WHO WAS INVOLUNTARILY SEPARATED FROM SERVICE FOR MISCONDUCT. (a) In General.--Section 7804 is amended by adding at the end the following new subsection: ``(d) Prohibition on Rehiring Employees Involuntarily Separated.-- @@ -2067,10 +1838,8 @@ Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the hiring of employees after the date of the enactment of this Act. - SEC. 3002. NOTIFICATION OF UNAUTHORIZED INSPECTION OR DISCLOSURE OF - RETURNS AND RETURN INFORMATION. - +RETURNS AND RETURN INFORMATION. (a) In General.--Subsection (e) of section 7431 is amended by adding at the end the following new sentences: ``The Secretary shall also notify such taxpayer if the Internal Revenue Service or a Federal @@ -2088,7 +1857,6 @@ date of the enactment of this Act. Subtitle B--Provisions Relating to Exempt Organizations SEC. 3101. MANDATORY E-FILING BY EXEMPT ORGANIZATIONS. - (a) In General.--Section 6033 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: @@ -2096,13 +1864,13 @@ the following new subsection: file a return under this section shall file such return in electronic form.''. (b) Other Reports and Returns.-- - (1) Political organizations.--Section 527(j)(7) is amended - by striking ``if the organization has'' and all that follows - through ``such calendar year''. - (2) Unrelated business income tax returns.--Section 6011 is - amended by redesignating subsection (h) as subsection (i) and - by inserting after subsection (g) the following new subsection: - ``(h) Mandatory e-Filing of Unrelated Business Income Tax Return.-- + (1) Political organizations.--Section 527(j)(7) is amended by + striking ``if the organization has'' and all that follows through + ``such calendar year''. + (2) Unrelated business income tax returns.--Section 6011 is + amended by redesignating subsection (h) as subsection (i) and by + inserting after subsection (g) the following new subsection: + ``(h) Mandatory E-Filing of Unrelated Business Income Tax Return.-- Any organization required to file an annual return under this section which relates to any tax imposed by section 511 shall file such return in electronic form.''. @@ -2112,67 +1880,58 @@ return required to be filed electronically under section 6033(n) shall be made available by the Secretary to the public as soon as practicable in a machine readable format.''. (d) Effective Date.-- - (1) In general.--Except as provided in paragraph (2), the - amendments made by this section shall apply to taxable years - beginning after the date of the enactment of this Act. - (2) Transitional relief.-- - (A) Small organizations.-- - (i) In general.--In the case of any small - organizations, or any other organizations for - which the Secretary of the Treasury or the - Secretary's delegate (hereafter referred to in - this paragraph as the ``Secretary'') determines - the application of the amendments made by this - section would cause undue burden without a - delay, the Secretary may delay the application - of such amendments, but such delay shall not - apply to any taxable year beginning on or after - the date that is 2 years after the enactment of - this Act. - (ii) Small organization.--For purposes of - clause (i), the term ``small organization'' - means any organization-- - (I) the gross receipts of which for - the taxable year are less than - $200,000; and - (II) the aggregate gross assets of - which at the end of the taxable year - are less than $500,000. - (B) Organizations filing form 990-t.--In the case - of any organization described in section 511(a)(2) of - the Internal Revenue Code of 1986 which is subject to - the tax imposed by section 511(a)(1) of such Code on - its unrelated business taxable income, or any - organization required to file a return under section - 6033 of such Code and include information under - subsection (e) thereof, the Secretary may delay the - application of the amendments made by this section, but - such delay shall not apply to any taxable year - beginning on or after the date that is 2 years after - the enactment of this Act. - + (1) In general.--Except as provided in paragraph (2), the + amendments made by this section shall apply to taxable years + beginning after the date of the enactment of this Act. + (2) Transitional relief.-- + (A) Small organizations.-- + (i) In general.--In the case of any small + organizations, or any other organizations for which the + Secretary of the Treasury or the Secretary's delegate + (hereafter referred to in this paragraph as the + ``Secretary'') determines the application of the amendments + made by this section would cause undue burden without a + delay, the Secretary may delay the application of such + amendments, but such delay shall not apply to any taxable + year beginning on or after the date that is 2 years after + the enactment of this Act. + (ii) Small organization.--For purposes of clause (i), + the term ``small organization'' means any organization-- + + (I) the gross receipts of which for the taxable + year are less than $200,000; and + (II) the aggregate gross assets of which at the end + of the taxable year are less than $500,000. + + (B) Organizations filing form 990-t.--In the case of any + organization described in section 511(a)(2) of the Internal + Revenue Code of 1986 which is subject to the tax imposed by + section 511(a)(1) of such Code on its unrelated business + taxable income, or any organization required to file a return + under section 6033 of such Code and include information under + subsection (e) thereof, the Secretary may delay the application + of the amendments made by this section, but such delay shall + not apply to any taxable year beginning on or after the date + that is 2 years after the enactment of this Act. SEC. 3102. NOTICE REQUIRED BEFORE REVOCATION OF TAX-EXEMPT STATUS FOR - FAILURE TO FILE RETURN. - +FAILURE TO FILE RETURN. (a) In General.--Section 6033(j)(1) is amended by striking ``If an organization'' and inserting the following: - ``(A) Notice.--If an organization described in - subsection (a)(1) or (i) fails to file the annual - return or notice required under either subsection for 2 - consecutive years, the Secretary shall notify the - organization-- - ``(i) that the Internal Revenue Service has - no record of such a return or notice from such - organization for 2 consecutive years, and - ``(ii) about the revocation that will occur - under subparagraph (B) if the organization - fails to file such a return or notice by the - due date for the next such return or notice - required to be filed. - The notification under the preceding sentence shall - include information about how to comply with the filing - requirements under subsections (a)(1) and (i). - ``(B) Revocation.--If an organization''. + ``(A) Notice.--If an organization described in subsection + (a)(1) or (i) fails to file the annual return or notice + required under either subsection for 2 consecutive years, the + Secretary shall notify the organization-- + ``(i) that the Internal Revenue Service has no record + of such a return or notice from such organization for 2 + consecutive years, and + ``(ii) about the revocation that will occur under + subparagraph (B) if the organization fails to file such a + return or notice by the due date for the next such return + or notice required to be filed. + The notification under the preceding sentence shall include + information about how to comply with the filing requirements + under subsections (a)(1) and (i). + ``(B) Revocation.--If an organization''. (b) Effective Date.--The amendment made by this section shall apply to failures to file returns or notices for 2 consecutive years if the return or notice for the second year is required to be filed after @@ -2181,20 +1940,18 @@ December 31, 2019. Subtitle C--Revenue Provision SEC. 3201. INCREASE IN PENALTY FOR FAILURE TO FILE. - (a) In General.--The second sentence of subsection (a) of section 6651 is amended by striking ``$205'' and inserting ``$330''. (b) Inflation Adjustment.--Section 6651(j)(1) is amended-- - (1) by striking ``2014'' and inserting ``2020'', - (2) by striking ``$205'' and inserting ``$330'', and - (3) by striking ``2013'' and inserting ``2019''. + (1) by striking ``2014'' and inserting ``2020'', + (2) by striking ``$205'' and inserting ``$330'', and + (3) by striking ``2013'' and inserting ``2019''. (c) Effective Date.--The amendments made by this section shall apply to returns required to be filed after December 31, 2019. TITLE IV--BUDGETARY EFFECTS SEC. 4001. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -2202,10 +1959,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives June 10, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From fde54c4192f9d4ab78e5f7e560b7fb0515320f77 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Eddie Bernice [D-TX-30]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 304/984] House-3196: Introduced to House --- bills_text/House-3196.txt | 102 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 102 insertions(+) create mode 100644 bills_text/House-3196.txt diff --git a/bills_text/House-3196.txt b/bills_text/House-3196.txt new file mode 100644 index 0000000..0102065 --- /dev/null +++ b/bills_text/House-3196.txt @@ -0,0 +1,102 @@ +116th CONGRESS + 1st Session + H. R. 3196 + + To designate the Large Synoptic Survey Telescope as the ``Vera Rubin + Survey Telescope''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 11, 2019 + + Ms. Johnson of Texas (for herself and Miss Gonzalez-Colon of Puerto + Rico) introduced the following bill; which was referred to the + Committee on Science, Space, and Technology + +_______________________________________________________________________ + + A BILL + + + + To designate the Large Synoptic Survey Telescope as the ``Vera Rubin + Survey Telescope''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Vera Rubin Survey Telescope +Designation Act''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Dr. Vera Rubin was born July 23, 1928, to Philip and + Rose Applebaum Cooper. + (2) Dr. Rubin pursued her graduate studies at Cornell + University and Georgetown University, earning her Ph.D. in + Physics in 1954. + (3) Dr. Rubin's Ph.D. thesis on galaxy motions provided + supporting evidence that galaxies are not uniformly + distributed, but exist in clusters. + (4) Dr. Rubin continued to study the motions of galaxies, + first as research associate and assistant professor at + Georgetown University, and then as a member of the staff at the + Carnegie Institution of Washington Department of Terrestrial + Magnetism. + (5) Dr. Rubin faced barriers throughout her career because + of her gender. + (6) For instance, one of the world's leading astronomy + facilities at the time, the Palomar Observatory, did not permit + women. Dr. Rubin persisted and was finally allowed to observe + at Palomar in 1965, the first woman officially allowed to do + so. + (7) In 1970, Dr. Rubin published measurements of the + Andromeda galaxy showing stars and gas orbiting the galaxy's + center too fast to be explained by the amount of mass + associated with the light output of the stars. + (8) In the years that followed, Dr. Rubin and her + collaborators used their observations, in conjunction with the + work by earlier astronomers on the rotation of stars in spiral + galaxies, to provide some of the best evidence for the + existence of dark matter. + (9) This work contributed to a major shift in the + conventional view of the universe, from one dominated by + ordinary matter such as what produces the light of stars, to + one dominated by dark matter. + (10) Dr. Rubin was elected to the National Academy of + Sciences in 1981, the second woman astronomer to be so honored. + (11) Dr. Rubin was awarded the President's National Medal + of Science in 1993 ``for her pioneering research programs in + observational cosmology which demonstrated that much of the + matter in the universe is dark, and for significant + contributions to the realization that the universe is more + complex and more mysterious than had been imagined''. + (12) Dr. Rubin was an outspoken advocate for the equal + treatment and representation of women in science, and she + served as a mentor, supporter, and role model to many women + astronomers throughout her life. + (13) The Large Synoptic Survey Telescope, funded jointly by + the National Science Foundation and the Department of Energy, + will honor the legacy of Dr. Rubin and her colleagues to probe + the nature of dark matter by mapping and cataloging billions of + galaxies through space and time. + +SEC. 3. DESIGNATION. + + The Large Synoptic Survey Telescope shall be known and designated +as the ``Vera Rubin Survey Telescope''. + +SEC. 4. REFERENCES. + + Any reference in a law, map, regulation, document, paper, or other +record of the United States to the facility described in section 3 +shall be deemed to be a reference to the ``Vera Rubin Survey +Telescope''. + \ No newline at end of file From b160650065b825009a04b1beab69aba4ba97b183 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Eddie Bernice [D-TX-30]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 305/984] House-3196: Engrossed in House --- bills_text/House-3196.txt | 47 ++++++++++++++++++++------------------- 1 file changed, 24 insertions(+), 23 deletions(-) diff --git a/bills_text/House-3196.txt b/bills_text/House-3196.txt index 0102065..af4d6c3 100644 --- a/bills_text/House-3196.txt +++ b/bills_text/House-3196.txt @@ -2,36 +2,21 @@ 1st Session H. R. 3196 - To designate the Large Synoptic Survey Telescope as the ``Vera Rubin - Survey Telescope''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 11, 2019 - - Ms. Johnson of Texas (for herself and Miss Gonzalez-Colon of Puerto - Rico) introduced the following bill; which was referred to the - Committee on Science, Space, and Technology - _______________________________________________________________________ - A BILL + AN ACT - To designate the Large Synoptic Survey Telescope as the ``Vera Rubin - Survey Telescope''. +To designate the Large Synoptic Survey Telescope as the ``Vera C. Rubin + Observatory''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``Vera Rubin Survey Telescope + This Act may be cited as the ``Vera C. Rubin Observatory Designation Act''. SEC. 2. FINDINGS. @@ -91,12 +76,28 @@ SEC. 2. FINDINGS. SEC. 3. DESIGNATION. The Large Synoptic Survey Telescope shall be known and designated -as the ``Vera Rubin Survey Telescope''. +as the ``Vera C. Rubin Observatory''. SEC. 4. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility described in section 3 -shall be deemed to be a reference to the ``Vera Rubin Survey -Telescope''. - \ No newline at end of file +shall be deemed to be a reference to the ``Vera C. Rubin Observatory''. + + Passed the House of Representatives July 23, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3196 + +_______________________________________________________________________ + + AN ACT + +To designate the Large Synoptic Survey Telescope as the ``Vera C. Rubin + Observatory''. From f4ec0f0c1b331396adb0efb551a2cb49b5137782 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Eddie Bernice [D-TX-30]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 306/984] House-3196: Enrolled --- bills_text/House-3196.txt | 142 +++++++++++++++++--------------------- 1 file changed, 63 insertions(+), 79 deletions(-) diff --git a/bills_text/House-3196.txt b/bills_text/House-3196.txt index af4d6c3..5f47624 100644 --- a/bills_text/House-3196.txt +++ b/bills_text/House-3196.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 3196 + H.R.3196 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -13,91 +22,66 @@ To designate the Large Synoptic Survey Telescope as the ``Vera C. Rubin Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Vera C. Rubin Observatory Designation Act''. - SEC. 2. FINDINGS. - Congress finds the following: - (1) Dr. Vera Rubin was born July 23, 1928, to Philip and - Rose Applebaum Cooper. - (2) Dr. Rubin pursued her graduate studies at Cornell - University and Georgetown University, earning her Ph.D. in - Physics in 1954. - (3) Dr. Rubin's Ph.D. thesis on galaxy motions provided - supporting evidence that galaxies are not uniformly - distributed, but exist in clusters. - (4) Dr. Rubin continued to study the motions of galaxies, - first as research associate and assistant professor at - Georgetown University, and then as a member of the staff at the - Carnegie Institution of Washington Department of Terrestrial - Magnetism. - (5) Dr. Rubin faced barriers throughout her career because - of her gender. - (6) For instance, one of the world's leading astronomy - facilities at the time, the Palomar Observatory, did not permit - women. Dr. Rubin persisted and was finally allowed to observe - at Palomar in 1965, the first woman officially allowed to do - so. - (7) In 1970, Dr. Rubin published measurements of the - Andromeda galaxy showing stars and gas orbiting the galaxy's - center too fast to be explained by the amount of mass - associated with the light output of the stars. - (8) In the years that followed, Dr. Rubin and her - collaborators used their observations, in conjunction with the - work by earlier astronomers on the rotation of stars in spiral - galaxies, to provide some of the best evidence for the - existence of dark matter. - (9) This work contributed to a major shift in the - conventional view of the universe, from one dominated by - ordinary matter such as what produces the light of stars, to - one dominated by dark matter. - (10) Dr. Rubin was elected to the National Academy of - Sciences in 1981, the second woman astronomer to be so honored. - (11) Dr. Rubin was awarded the President's National Medal - of Science in 1993 ``for her pioneering research programs in - observational cosmology which demonstrated that much of the - matter in the universe is dark, and for significant - contributions to the realization that the universe is more - complex and more mysterious than had been imagined''. - (12) Dr. Rubin was an outspoken advocate for the equal - treatment and representation of women in science, and she - served as a mentor, supporter, and role model to many women - astronomers throughout her life. - (13) The Large Synoptic Survey Telescope, funded jointly by - the National Science Foundation and the Department of Energy, - will honor the legacy of Dr. Rubin and her colleagues to probe - the nature of dark matter by mapping and cataloging billions of - galaxies through space and time. - + (1) Dr. Vera Rubin was born July 23, 1928, to Philip and Rose + Applebaum Cooper. + (2) Dr. Rubin pursued her graduate studies at Cornell + University and Georgetown University, earning her Ph.D. in Physics + in 1954. + (3) Dr. Rubin's Ph.D. thesis on galaxy motions provided + supporting evidence that galaxies are not uniformly distributed, + but exist in clusters. + (4) Dr. Rubin continued to study the motions of galaxies, first + as research associate and assistant professor at Georgetown + University, and then as a member of the staff at the Carnegie + Institution of Washington Department of Terrestrial Magnetism. + (5) Dr. Rubin faced barriers throughout her career because of + her gender. + (6) For instance, one of the world's leading astronomy + facilities at the time, the Palomar Observatory, did not permit + women. Dr. Rubin persisted and was finally allowed to observe at + Palomar in 1965, the first woman officially allowed to do so. + (7) In 1970, Dr. Rubin published measurements of the Andromeda + galaxy showing stars and gas orbiting the galaxy's center too fast + to be explained by the amount of mass associated with the light + output of the stars. + (8) In the years that followed, Dr. Rubin and her collaborators + used their observations, in conjunction with the work by earlier + astronomers on the rotation of stars in spiral galaxies, to provide + some of the best evidence for the existence of dark matter. + (9) This work contributed to a major shift in the conventional + view of the universe, from one dominated by ordinary matter such as + what produces the light of stars, to one dominated by dark matter. + (10) Dr. Rubin was elected to the National Academy of Sciences + in 1981, the second woman astronomer to be so honored. + (11) Dr. Rubin was awarded the President's National Medal of + Science in 1993 ``for her pioneering research programs in + observational cosmology which demonstrated that much of the matter + in the universe is dark, and for significant contributions to the + realization that the universe is more complex and more mysterious + than had been imagined''. + (12) Dr. Rubin was an outspoken advocate for the equal + treatment and representation of women in science, and she served as + a mentor, supporter, and role model to many women astronomers + throughout her life. + (13) The Large Synoptic Survey Telescope, funded jointly by the + National Science Foundation and the Department of Energy, will + honor the legacy of Dr. Rubin and her colleagues to probe the + nature of dark matter by mapping and cataloging billions of + galaxies through space and time. SEC. 3. DESIGNATION. - The Large Synoptic Survey Telescope shall be known and designated as the ``Vera C. Rubin Observatory''. - SEC. 4. REFERENCES. - Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility described in section 3 shall be deemed to be a reference to the ``Vera C. Rubin Observatory''. - Passed the House of Representatives July 23, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 3196 - -_______________________________________________________________________ - - AN ACT - -To designate the Large Synoptic Survey Telescope as the ``Vera C. Rubin - Observatory''. + Vice President of the United States and + President of the Senate. From ab18674215f6d0a852b17b691677e5dcaaab67b2 Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 307/984] House-3207: Introduced to House --- bills_text/House-3207.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-3207.txt diff --git a/bills_text/House-3207.txt b/bills_text/House-3207.txt new file mode 100644 index 0000000..cc552eb --- /dev/null +++ b/bills_text/House-3207.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 3207 + + To designate the facility of the United States Postal Service located +at 114 Mill Street in Hookstown, Pennslyvania, as the ``Staff Sergeant + Dylan Elchin Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 11, 2019 + + Mr. Lamb (for himself, Ms. Wild, Mr. Fitzpatrick, Mr. Reschenthaler, + Mr. Kelly of Pennsylvania, Mr. Thompson of Pennsylvania, and Mr. +Michael F. Doyle of Pennsylvania) introduced the following bill; which + was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 114 Mill Street in Hookstown, Pennslyvania, as the ``Staff Sergeant + Dylan Elchin Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. STAFF SERGEANT DYLAN ELCHIN POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 114 Mill Street in Hookstown, Pennsylvania, shall be known +and designated as the ``Staff Sergeant Dylan Elchin Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Staff +Sergeant Dylan Elchin Post Office Building''. + \ No newline at end of file From 1c37ea66bdfa1121e6fb439a16e5e15e56c3997b Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 308/984] House-3207: Engrossed in House --- bills_text/House-3207.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-3207.txt b/bills_text/House-3207.txt index cc552eb..4bc39a8 100644 --- a/bills_text/House-3207.txt +++ b/bills_text/House-3207.txt @@ -2,31 +2,14 @@ 1st Session H. R. 3207 - To designate the facility of the United States Postal Service located -at 114 Mill Street in Hookstown, Pennslyvania, as the ``Staff Sergeant - Dylan Elchin Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 11, 2019 - - Mr. Lamb (for himself, Ms. Wild, Mr. Fitzpatrick, Mr. Reschenthaler, - Mr. Kelly of Pennsylvania, Mr. Thompson of Pennsylvania, and Mr. -Michael F. Doyle of Pennsylvania) introduced the following bill; which - was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT To designate the facility of the United States Postal Service located -at 114 Mill Street in Hookstown, Pennslyvania, as the ``Staff Sergeant +at 114 Mill Street in Hookstown, Pennsylvania, as the ``Staff Sergeant Dylan Elchin Post Office Building''. Be it enacted by the Senate and House of Representatives of the @@ -42,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Staff Sergeant Dylan Elchin Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3207 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 114 Mill Street in Hookstown, Pennsylvania, as the ``Staff Sergeant + Dylan Elchin Post Office Building''. From 57ef42f142113676e1165d51476f9cc195266543 Mon Sep 17 00:00:00 2001 From: "Rep. Lamb, Conor [D-PA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 309/984] House-3207: Enrolled --- bills_text/House-3207.txt | 45 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-3207.txt b/bills_text/House-3207.txt index 4bc39a8..c7bbeaa 100644 --- a/bills_text/House-3207.txt +++ b/bills_text/House-3207.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 3207 + H.R.3207 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 114 Mill Street in Hookstown, Pennsylvania, as the ``Staff Sergeant +To designate the facility of the United States Postal Service located at + 114 Mill Street in Hookstown, Pennsylvania, as the ``Staff Sergeant Dylan Elchin Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. STAFF SERGEANT DYLAN ELCHIN POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 114 Mill Street in Hookstown, Pennsylvania, shall be known and designated as the ``Staff Sergeant Dylan Elchin Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Staff Sergeant Dylan Elchin Post Office Building''. - Passed the House of Representatives October 16, 2019. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3207 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located -at 114 Mill Street in Hookstown, Pennsylvania, as the ``Staff Sergeant - Dylan Elchin Post Office Building''. + Vice President of the United States and + President of the Senate. From eed34c6f2ad497309d690a9b5a7a88ae51d8d9da Mon Sep 17 00:00:00 2001 From: "Rep. Bucshon, Larry [R-IN-8]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 310/984] House-3245: Introduced to House --- bills_text/House-3245.txt | 62 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 62 insertions(+) create mode 100644 bills_text/House-3245.txt diff --git a/bills_text/House-3245.txt b/bills_text/House-3245.txt new file mode 100644 index 0000000..84fbff8 --- /dev/null +++ b/bills_text/House-3245.txt @@ -0,0 +1,62 @@ +116th CONGRESS + 1st Session + H. R. 3245 + + To transfer a bridge over the Wabash River to the New Harmony River +Bridge Authority and the New Harmony and Wabash River Bridge Authority, + and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 13, 2019 + +Mr. Bucshon (for himself, Mr. Shimkus, Mr. Foster, Ms. Schakowsky, Mr. + Pence, Ms. Kelly of Illinois, Mr. Quigley, Mr. Rodney Davis of + Illinois, Mr. Danny K. Davis of Illinois, Mrs. Bustos, Mr. + Krishnamoorthi, Mr. Casten of Illinois, Mr. Bost, Mr. Kinzinger, Mrs. + Walorski, Mrs. Brooks of Indiana, Mr. Hollingsworth, Mr. Banks, Mr. + LaHood, Mr. Lipinski, Mr. Visclosky, Mr. Baird, Ms. Underwood, Mr. +Schneider, Mr. Rush, Mr. Carson of Indiana, and Mr. Garcia of Illinois) + introduced the following bill; which was referred to the Committee on + Transportation and Infrastructure + +_______________________________________________________________________ + + A BILL + + + + To transfer a bridge over the Wabash River to the New Harmony River +Bridge Authority and the New Harmony and Wabash River Bridge Authority, + and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Restore the Harmony Way Bridge +Act''. + +SEC. 2. TRANSFER OF BRIDGE AND LAND. + + Notwithstanding any provision of the Act of April 12, 1941 (55 +Stat. 140, chapter 71), not later than 180 days after the date of +enactment of this Act, the White County Bridge Commission shall convey, +without consideration, to the New Harmony River Bridge Authority and +the New Harmony and Wabash River Bridge Authority, any and all right, +title, and interest of such Commission in and to the bridge across the +Wabash River at or near New Harmony, Indiana, in the approaches +thereto, and in land underneath or adjacent to such bridge and its +approaches. + +SEC. 3. REPEAL. + + The Act of April 12, 1941 (55 Stat. 140, chapter 71) is repealed +effective on the date that the White County Bridge Commission completes +the conveyance described in section 2. + \ No newline at end of file From 25d25fadf1cdb6e0ac0e80543c9747a306188a4a Mon Sep 17 00:00:00 2001 From: "Rep. Bucshon, Larry [R-IN-8]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 311/984] House-3245: Engrossed in House --- bills_text/House-3245.txt | 44 ++++++++++++++++++--------------------- 1 file changed, 20 insertions(+), 24 deletions(-) diff --git a/bills_text/House-3245.txt b/bills_text/House-3245.txt index 84fbff8..c6be53c 100644 --- a/bills_text/House-3245.txt +++ b/bills_text/House-3245.txt @@ -2,31 +2,9 @@ 1st Session H. R. 3245 - To transfer a bridge over the Wabash River to the New Harmony River -Bridge Authority and the New Harmony and Wabash River Bridge Authority, - and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 13, 2019 - -Mr. Bucshon (for himself, Mr. Shimkus, Mr. Foster, Ms. Schakowsky, Mr. - Pence, Ms. Kelly of Illinois, Mr. Quigley, Mr. Rodney Davis of - Illinois, Mr. Danny K. Davis of Illinois, Mrs. Bustos, Mr. - Krishnamoorthi, Mr. Casten of Illinois, Mr. Bost, Mr. Kinzinger, Mrs. - Walorski, Mrs. Brooks of Indiana, Mr. Hollingsworth, Mr. Banks, Mr. - LaHood, Mr. Lipinski, Mr. Visclosky, Mr. Baird, Ms. Underwood, Mr. -Schneider, Mr. Rush, Mr. Carson of Indiana, and Mr. Garcia of Illinois) - introduced the following bill; which was referred to the Committee on - Transportation and Infrastructure - -_______________________________________________________________________ - - A BILL + AN ACT @@ -59,4 +37,22 @@ SEC. 3. REPEAL. The Act of April 12, 1941 (55 Stat. 140, chapter 71) is repealed effective on the date that the White County Bridge Commission completes the conveyance described in section 2. - \ No newline at end of file + + Passed the House of Representatives July 24, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3245 + +_______________________________________________________________________ + + AN ACT + + To transfer a bridge over the Wabash River to the New Harmony River +Bridge Authority and the New Harmony and Wabash River Bridge Authority, + and for other purposes. From 6c963fa59b9f863e5ccbbc5874d2939db1132795 Mon Sep 17 00:00:00 2001 From: "Rep. Bucshon, Larry [R-IN-8]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 312/984] House-3245: Received in Senate --- bills_text/House-3245.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-3245.txt b/bills_text/House-3245.txt index c6be53c..883a7b4 100644 --- a/bills_text/House-3245.txt +++ b/bills_text/House-3245.txt @@ -2,6 +2,16 @@ 1st Session H. R. 3245 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 25, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -42,17 +52,6 @@ the conveyance described in section 2. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3245 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To transfer a bridge over the Wabash River to the New Harmony River -Bridge Authority and the New Harmony and Wabash River Bridge Authority, - and for other purposes. + Clerk. From 7476b0d11ef8a11bc1b65841e5e3763104ad3f2a Mon Sep 17 00:00:00 2001 From: "Rep. Bucshon, Larry [R-IN-8]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 313/984] House-3245: Enrolled --- bills_text/House-3245.txt | 34 ++++++++++++---------------------- 1 file changed, 12 insertions(+), 22 deletions(-) diff --git a/bills_text/House-3245.txt b/bills_text/House-3245.txt index 883a7b4..1af1875 100644 --- a/bills_text/House-3245.txt +++ b/bills_text/House-3245.txt @@ -1,37 +1,32 @@ -116th CONGRESS - 1st Session - H. R. 3245 + H.R.3245 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 25, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To transfer a bridge over the Wabash River to the New Harmony River Bridge Authority and the New Harmony and Wabash River Bridge Authority, - and for other purposes. + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Restore the Harmony Way Bridge Act''. - SEC. 2. TRANSFER OF BRIDGE AND LAND. - Notwithstanding any provision of the Act of April 12, 1941 (55 Stat. 140, chapter 71), not later than 180 days after the date of enactment of this Act, the White County Bridge Commission shall convey, @@ -41,17 +36,12 @@ title, and interest of such Commission in and to the bridge across the Wabash River at or near New Harmony, Indiana, in the approaches thereto, and in land underneath or adjacent to such bridge and its approaches. - SEC. 3. REPEAL. - The Act of April 12, 1941 (55 Stat. 140, chapter 71) is repealed effective on the date that the White County Bridge Commission completes the conveyance described in section 2. - Passed the House of Representatives July 24, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From aa7b2e2a208912265ce593a63dd90b963cf1518c Mon Sep 17 00:00:00 2001 From: "Rep. Davis, Danny K. [D-IL-7]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 314/984] House-3250: Introduced to House --- bills_text/House-3250.txt | 204 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 204 insertions(+) create mode 100644 bills_text/House-3250.txt diff --git a/bills_text/House-3250.txt b/bills_text/House-3250.txt new file mode 100644 index 0000000..09f0cf6 --- /dev/null +++ b/bills_text/House-3250.txt @@ -0,0 +1,204 @@ +116th CONGRESS + 1st Session + H. R. 3250 + +To require the Secretary of the Interior to conduct a special resource + study of the sites associated with the life and legacy of the noted +American philanthropist and business executive Julius Rosenwald, with a + special focus on the Rosenwald Schools, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 13, 2019 + +Mr. Danny K. Davis of Illinois (for himself, Mr. Cohen, Mr. Lewis, Mr. +Carson of Indiana, Ms. Norton, Mr. Johnson of Georgia, Mr. Nadler, Ms. + Bass, and Ms. Stevens) introduced the following bill; which was + referred to the Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + +To require the Secretary of the Interior to conduct a special resource + study of the sites associated with the life and legacy of the noted +American philanthropist and business executive Julius Rosenwald, with a + special focus on the Rosenwald Schools, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Julius Rosenwald and the Rosenwald +Schools Act of 2019''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) Julius Rosenwald was born in 1862 in Springfield, + Illinois, to Samuel Rosenwald and his wife, Augusta + Hammerslough, a Jewish immigrant couple from Germany; + (2) in 1868, Samuel Rosenwald purchased the Lyon House, + where Julius grew up and lived with his family until the 1880s, + which-- + (A) was diagonally across the street from the home + where Abraham Lincoln lived prior to becoming + president; and + (B)(i) was restored recently before the date of + enactment of this Act; and + (ii) as of that date of enactment, was within the + boundary of the Lincoln Home National Historic Site, a + unit of the National Park System; + (3) Julius Rosenwald-- + (A) learned the clothing trade with relatives in + New York City; and + (B) used that knowledge on moving to Chicago, where + he became part-owner and president of Sears, Roebuck & + Company, which-- + (i) he transformed into a retailing + powerhouse in the early 20th century; and + (ii) could be considered the Amazon of its + day; + (4) the embodiment of the Jewish concept of ``tzedakah'', + righteousness and charity, Rosenwald used his fortune for + numerous philanthropic activities, particularly to enhance the + lives of African Americans, including by-- + (A) providing $25,000 for the construction of Young + Men's Christian Associations (commonly known as + ``YMCAs'') for African Americans during the Jim Crow + era in cities that raised $75,000; and + (B) eventually, supporting the construction of + YMCAs in 24 cities across the United States; + (5)(A) after his introduction to Booker T. Washington in + 1911, Julius Rosenwald-- + (i) joined the Board of Trustees of the Tuskegee + Institute; and + (ii) financially contributed to a pilot program to + build 6 schools in rural Alabama for African-American + children who were receiving little to no education; and + (B) the donations by Rosenwald described in subparagraph + (A) were matched by the local African-American communities that + were committed to providing education for their children; + (6)(A) the success of the pilot program referred to in + paragraph (5)(A)(ii) led to the construction of more than 5,300 + Rosenwald Schools and related buildings over a 20-year period + in 15 southern States under the direction of the Julius + Rosenwald Fund; + (B) the schools described in subparagraph (A)-- + (i) were the result of a 3-way partnership among + the Julius Rosenwald Fund, local communities that, + although generally poor, contributed land, labor, + materials, and money to build and maintain the schools, + and local governments that were required by law to + provide public schools for all children but divided + funds unequally between Black and White systems; and + (ii) often became the focus of great pride and + affection among the applicable communities; + (C) during the 1920s, 1930s, and 1940s, \1/3\ of all + African-American children in the South were educated in + Rosenwald Schools; + (D) a 2011 study by 2 Federal Reserve economists concluded + that the schools played a significant role in narrowing the gap + between the educational levels of Black and White students in + the South; and + (E) Members of Congress and poet Maya Angelou are among + prominent graduates of Rosenwald Schools; + (7) the Julius Rosenwald Fund-- + (A) supported early National Association for the + Advancement of Colored People cases that eventually led + to the Supreme Court decision in Brown v. Board of + Education of Topeka, 347 U.S. 483 (1954), which + outlawed segregation in public education; and + (B) provided fellowships to talented African + Americans in the arts and sciences-- + (i) including the acclaimed historian John + Hope Franklin, noted writer and civil rights + activist W.E.B. Du Bois, artist Jacob Lawrence, + singer Marian Anderson, diplomat Ralph Bunche, + and many others; and + (ii) some of whom worked under Thurgood + Marshall on the Supreme Court case referred to + in subparagraph (A); + (8) Rosenwald also-- + (A) provided support for a number of Historically + Black Colleges and Universities, including Fisk, + Dillard, and Howard Universities; and + (B) used his wealth for other worthy causes, + including the creation of the Jewish United Fund of + Metropolitan Chicago and the Museum of Science and + Industry in Chicago; and + (9) the contributions of Julius Rosenwald to improving the + lives of African Americans, as well as the lives of those who + reside in Chicago and throughout the United States, are worthy + of recognition and further examination. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Rosenwald school.--The term ``Rosenwald School'' means + any of the 5,357 schools and related buildings constructed in + 15 southern States during the period of 1912 through 1932 by + the philanthropy of Julius Rosenwald. + (2) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (3) SHPO.--The term ``SHPO'' means the State Historic + Preservation Officer of any of the 14 States in which Rosenwald + Schools exist as of the date of enactment of this Act. + +SEC. 4. SPECIAL RESOURCE STUDY. + + (a) In General.--The Secretary shall conduct a special resource +study of the sites associated with the life and legacy of Julius +Rosenwald, with special focus on the Rosenwald Schools. + (b) Contents.--In conducting the study under subsection (a), the +Secretary shall-- + (1) determine the sites of national significance associated + with the life and legacy of businessman and noted + philanthropist Julius Rosenwald, with special focus on the + Rosenwald Schools; + (2) give priority to studying any Rosenwald School + recommended to the Secretary by an SHPO; + (3) determine the suitability and feasibility of + designating one or more new units of the National Park System + to include representative Rosenwald Schools and other sites + associated with the life and legacy of Julius Rosenwald, + including an interpretive center in or near Chicago, Illinois-- + (A) to commemorate the career and overall + philanthropic activities of Rosenwald; and + (B) to address the scope and significance of the + Rosenwald Schools initiative; + (4) take into consideration other alternatives for + preservation, protection, and interpretation of the legacy of + Julius Rosenwald and the Rosenwald Schools by-- + (A) Federal, State, or local governmental entities; + or + (B) private and nonprofit organizations; + (5) consult with, as determined appropriate by the + Secretary, relevant-- + (A) Federal, State, and local governmental + entities; + (B) private and nonprofit organizations; or + (C) any other interested individuals; and + (6) identify costs associated with any potential Federal + acquisition, development, interpretation, operation, and + maintenance associated with the alternatives described in + paragraph (4). + (c) Applicable Law.--The study under subsection (a) shall be +conducted in accordance with section 100507 of title 54, United States +Code. + (d) Results.--Not later than 3 years after the date on which funds +are first made available for the study under subsection (a), the +Secretary shall submit to the Committee on Natural Resources of the +House of Representatives and the Committee on Energy and Natural +Resources of the Senate a report describing-- + (1) the results of the study; and + (2) any conclusions and recommendations of the Secretary + relating to the study. + \ No newline at end of file From 7dd5eebca501dc16137906046990f54785a5f400 Mon Sep 17 00:00:00 2001 From: "Rep. Davis, Danny K. [D-IL-7]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 315/984] House-3250: Engrossed in House --- bills_text/House-3250.txt | 253 +++++++++++++------------------------- 1 file changed, 83 insertions(+), 170 deletions(-) diff --git a/bills_text/House-3250.txt b/bills_text/House-3250.txt index 09f0cf6..75f6b8a 100644 --- a/bills_text/House-3250.txt +++ b/bills_text/House-3250.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3250 -To require the Secretary of the Interior to conduct a special resource - study of the sites associated with the life and legacy of the noted -American philanthropist and business executive Julius Rosenwald, with a - special focus on the Rosenwald Schools, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 13, 2019 - -Mr. Danny K. Davis of Illinois (for himself, Mr. Cohen, Mr. Lewis, Mr. -Carson of Indiana, Ms. Norton, Mr. Johnson of Georgia, Mr. Nadler, Ms. - Bass, and Ms. Stevens) introduced the following bill; which was - referred to the Committee on Natural Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -37,168 +19,99 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Julius Rosenwald and the Rosenwald -Schools Act of 2019''. - -SEC. 2. FINDINGS. - - Congress finds that-- - (1) Julius Rosenwald was born in 1862 in Springfield, - Illinois, to Samuel Rosenwald and his wife, Augusta - Hammerslough, a Jewish immigrant couple from Germany; - (2) in 1868, Samuel Rosenwald purchased the Lyon House, - where Julius grew up and lived with his family until the 1880s, - which-- - (A) was diagonally across the street from the home - where Abraham Lincoln lived prior to becoming - president; and - (B)(i) was restored recently before the date of - enactment of this Act; and - (ii) as of that date of enactment, was within the - boundary of the Lincoln Home National Historic Site, a - unit of the National Park System; - (3) Julius Rosenwald-- - (A) learned the clothing trade with relatives in - New York City; and - (B) used that knowledge on moving to Chicago, where - he became part-owner and president of Sears, Roebuck & - Company, which-- - (i) he transformed into a retailing - powerhouse in the early 20th century; and - (ii) could be considered the Amazon of its - day; - (4) the embodiment of the Jewish concept of ``tzedakah'', - righteousness and charity, Rosenwald used his fortune for - numerous philanthropic activities, particularly to enhance the - lives of African Americans, including by-- - (A) providing $25,000 for the construction of Young - Men's Christian Associations (commonly known as - ``YMCAs'') for African Americans during the Jim Crow - era in cities that raised $75,000; and - (B) eventually, supporting the construction of - YMCAs in 24 cities across the United States; - (5)(A) after his introduction to Booker T. Washington in - 1911, Julius Rosenwald-- - (i) joined the Board of Trustees of the Tuskegee - Institute; and - (ii) financially contributed to a pilot program to - build 6 schools in rural Alabama for African-American - children who were receiving little to no education; and - (B) the donations by Rosenwald described in subparagraph - (A) were matched by the local African-American communities that - were committed to providing education for their children; - (6)(A) the success of the pilot program referred to in - paragraph (5)(A)(ii) led to the construction of more than 5,300 - Rosenwald Schools and related buildings over a 20-year period - in 15 southern States under the direction of the Julius - Rosenwald Fund; - (B) the schools described in subparagraph (A)-- - (i) were the result of a 3-way partnership among - the Julius Rosenwald Fund, local communities that, - although generally poor, contributed land, labor, - materials, and money to build and maintain the schools, - and local governments that were required by law to - provide public schools for all children but divided - funds unequally between Black and White systems; and - (ii) often became the focus of great pride and - affection among the applicable communities; - (C) during the 1920s, 1930s, and 1940s, \1/3\ of all - African-American children in the South were educated in - Rosenwald Schools; - (D) a 2011 study by 2 Federal Reserve economists concluded - that the schools played a significant role in narrowing the gap - between the educational levels of Black and White students in - the South; and - (E) Members of Congress and poet Maya Angelou are among - prominent graduates of Rosenwald Schools; - (7) the Julius Rosenwald Fund-- - (A) supported early National Association for the - Advancement of Colored People cases that eventually led - to the Supreme Court decision in Brown v. Board of - Education of Topeka, 347 U.S. 483 (1954), which - outlawed segregation in public education; and - (B) provided fellowships to talented African - Americans in the arts and sciences-- - (i) including the acclaimed historian John - Hope Franklin, noted writer and civil rights - activist W.E.B. Du Bois, artist Jacob Lawrence, - singer Marian Anderson, diplomat Ralph Bunche, - and many others; and - (ii) some of whom worked under Thurgood - Marshall on the Supreme Court case referred to - in subparagraph (A); - (8) Rosenwald also-- - (A) provided support for a number of Historically - Black Colleges and Universities, including Fisk, - Dillard, and Howard Universities; and - (B) used his wealth for other worthy causes, - including the creation of the Jewish United Fund of - Metropolitan Chicago and the Museum of Science and - Industry in Chicago; and - (9) the contributions of Julius Rosenwald to improving the - lives of African Americans, as well as the lives of those who - reside in Chicago and throughout the United States, are worthy - of recognition and further examination. - -SEC. 3. DEFINITIONS. - - In this Act: +Schools Act of 2020''. + +SEC. 2. RESOURCE STUDY OF JULIUS ROSENWALD AND ROSENWALD SCHOOLS. + + (a) Definitions.--In this section: (1) Rosenwald school.--The term ``Rosenwald School'' means any of the 5,357 schools and related buildings constructed in 15 southern States during the period of 1912 through 1932 by the philanthropy of Julius Rosenwald. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. - (3) SHPO.--The term ``SHPO'' means the State Historic - Preservation Officer of any of the 14 States in which Rosenwald - Schools exist as of the date of enactment of this Act. - -SEC. 4. SPECIAL RESOURCE STUDY. - - (a) In General.--The Secretary shall conduct a special resource -study of the sites associated with the life and legacy of Julius -Rosenwald, with special focus on the Rosenwald Schools. - (b) Contents.--In conducting the study under subsection (a), the -Secretary shall-- - (1) determine the sites of national significance associated - with the life and legacy of businessman and noted - philanthropist Julius Rosenwald, with special focus on the - Rosenwald Schools; - (2) give priority to studying any Rosenwald School - recommended to the Secretary by an SHPO; - (3) determine the suitability and feasibility of - designating one or more new units of the National Park System - to include representative Rosenwald Schools and other sites - associated with the life and legacy of Julius Rosenwald, - including an interpretive center in or near Chicago, Illinois-- - (A) to commemorate the career and overall - philanthropic activities of Rosenwald; and - (B) to address the scope and significance of the - Rosenwald Schools initiative; - (4) take into consideration other alternatives for - preservation, protection, and interpretation of the legacy of - Julius Rosenwald and the Rosenwald Schools by-- - (A) Federal, State, or local governmental entities; - or - (B) private and nonprofit organizations; - (5) consult with, as determined appropriate by the - Secretary, relevant-- - (A) Federal, State, and local governmental - entities; - (B) private and nonprofit organizations; or - (C) any other interested individuals; and - (6) identify costs associated with any potential Federal - acquisition, development, interpretation, operation, and - maintenance associated with the alternatives described in - paragraph (4). - (c) Applicable Law.--The study under subsection (a) shall be + (3) Study area.--The term ``study area'' means the sites + associated with the life and legacy of Julius Rosenwald. + (b) Special Resource Study.-- + (1) Study.--The Secretary shall conduct a special resource + study of the study area, with a special emphasis on the + following Rosenwald Schools and other sites associated with the + life and legacy of Julius Rosenwald: + (A) Sears Administration Building at Homan Square + in Chicago, Illinois. + (B) Rosenwald Court Apartments in Chicago, + Illinois. + (C) Museum of Science & Industry in Chicago, + Illinois. + (D) Rosenwald House (formerly the Lyon Home) at the + Lincoln Home National Historic Site in Springfield, + Illinois. + (E) Cairo Rosenwald School, a one-teacher school in + Sumner County, Tennessee. + (F) Shady Grove School, a one-teacher school in + Louisa County, Virginia. + (G) Noble Hill School, a two-teacher school in + Bartow County, Georgia. + (H) Ridgeley School, a two-teacher school in Prince + Georges County, Maryland. + (I) Bay Springs School, a two-teacher school in + Forest County, Mississippi. + (J) Russell School, a two-teacher school in Durham + County, North Carolina. + (K) Shiloh Rosenwald School, a three-teacher school + in Macon County, Alabama. + (L) San Domingo School, a four-teacher school in + Wicomico County, Maryland. + (M) Elmore County Training School, a seven-teacher + school in Elmore County, Alabama. + (N) Dunbar Junior High, Senior High and Junior + College in Little Rock, Arkansas. + (2) Contents.--In conducting the study under paragraph (1), + the Secretary shall-- + (A) evaluate the national significance of the study + area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National + Park System, including an interpretive center in or + near Chicago, Illinois; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the + Federal Government, State or local government entities, + or private and nonprofit organizations; + (D) consult with interested Federal agencies, State + or local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal + acquisition, development, interpretation, operation, + and maintenance associated with the alternatives. + (c) Applicable Law.--The study under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code. (d) Results.--Not later than 3 years after the date on which funds -are first made available for the study under subsection (a), the +are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing-- (1) the results of the study; and (2) any conclusions and recommendations of the Secretary relating to the study. - \ No newline at end of file + + Passed the House of Representatives December 17, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3250 + +_______________________________________________________________________ + + AN ACT + +To require the Secretary of the Interior to conduct a special resource + study of the sites associated with the life and legacy of the noted +American philanthropist and business executive Julius Rosenwald, with a + special focus on the Rosenwald Schools, and for other purposes. From df91e29037c1f1c882ac1a7f16ad5df22b052e83 Mon Sep 17 00:00:00 2001 From: "Rep. Davis, Danny K. [D-IL-7]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 316/984] House-3250: Enrolled --- bills_text/House-3250.txt | 168 +++++++++++++++++--------------------- 1 file changed, 77 insertions(+), 91 deletions(-) diff --git a/bills_text/House-3250.txt b/bills_text/House-3250.txt index 75f6b8a..66a3aea 100644 --- a/bills_text/House-3250.txt +++ b/bills_text/House-3250.txt @@ -1,89 +1,90 @@ -116th CONGRESS - 2d Session - H. R. 3250 + H.R.3250 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To require the Secretary of the Interior to conduct a special resource + To require the Secretary of the Interior to conduct a special resource study of the sites associated with the life and legacy of the noted American philanthropist and business executive Julius Rosenwald, with a - special focus on the Rosenwald Schools, and for other purposes. + special focus on the Rosenwald Schools, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Julius Rosenwald and the Rosenwald Schools Act of 2020''. - SEC. 2. RESOURCE STUDY OF JULIUS ROSENWALD AND ROSENWALD SCHOOLS. - (a) Definitions.--In this section: - (1) Rosenwald school.--The term ``Rosenwald School'' means - any of the 5,357 schools and related buildings constructed in - 15 southern States during the period of 1912 through 1932 by - the philanthropy of Julius Rosenwald. - (2) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - (3) Study area.--The term ``study area'' means the sites - associated with the life and legacy of Julius Rosenwald. + (1) Rosenwald school.--The term ``Rosenwald School'' means any + of the 5,357 schools and related buildings constructed in 15 + southern States during the period of 1912 through 1932 by the + philanthropy of Julius Rosenwald. + (2) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. + (3) Study area.--The term ``study area'' means the sites + associated with the life and legacy of Julius Rosenwald. (b) Special Resource Study.-- - (1) Study.--The Secretary shall conduct a special resource - study of the study area, with a special emphasis on the - following Rosenwald Schools and other sites associated with the - life and legacy of Julius Rosenwald: - (A) Sears Administration Building at Homan Square - in Chicago, Illinois. - (B) Rosenwald Court Apartments in Chicago, - Illinois. - (C) Museum of Science & Industry in Chicago, - Illinois. - (D) Rosenwald House (formerly the Lyon Home) at the - Lincoln Home National Historic Site in Springfield, - Illinois. - (E) Cairo Rosenwald School, a one-teacher school in - Sumner County, Tennessee. - (F) Shady Grove School, a one-teacher school in - Louisa County, Virginia. - (G) Noble Hill School, a two-teacher school in - Bartow County, Georgia. - (H) Ridgeley School, a two-teacher school in Prince - Georges County, Maryland. - (I) Bay Springs School, a two-teacher school in - Forest County, Mississippi. - (J) Russell School, a two-teacher school in Durham - County, North Carolina. - (K) Shiloh Rosenwald School, a three-teacher school - in Macon County, Alabama. - (L) San Domingo School, a four-teacher school in - Wicomico County, Maryland. - (M) Elmore County Training School, a seven-teacher - school in Elmore County, Alabama. - (N) Dunbar Junior High, Senior High and Junior - College in Little Rock, Arkansas. - (2) Contents.--In conducting the study under paragraph (1), - the Secretary shall-- - (A) evaluate the national significance of the study - area; - (B) determine the suitability and feasibility of - designating the study area as a unit of the National - Park System, including an interpretive center in or - near Chicago, Illinois; - (C) consider other alternatives for preservation, - protection, and interpretation of the study area by the - Federal Government, State or local government entities, - or private and nonprofit organizations; - (D) consult with interested Federal agencies, State - or local governmental entities, private and nonprofit - organizations, or any other interested individuals; and - (E) identify cost estimates for any Federal - acquisition, development, interpretation, operation, - and maintenance associated with the alternatives. + (1) Study.--The Secretary shall conduct a special resource + study of the study area, with a special emphasis on the following + Rosenwald Schools and other sites associated with the life and + legacy of Julius Rosenwald: + (A) Sears Administration Building at Homan Square in + Chicago, Illinois. + (B) Rosenwald Court Apartments in Chicago, Illinois. + (C) Museum of Science & Industry in Chicago, Illinois. + (D) Rosenwald House (formerly the Lyon Home) at the Lincoln + Home National Historic Site in Springfield, Illinois. + (E) Cairo Rosenwald School, a one-teacher school in Sumner + County, Tennessee. + (F) Shady Grove School, a one-teacher school in Louisa + County, Virginia. + (G) Noble Hill School, a two-teacher school in Bartow + County, Georgia. + (H) Ridgeley School, a two-teacher school in Prince Georges + County, Maryland. + (I) Bay Springs School, a two-teacher school in Forest + County, Mississippi. + (J) Russell School, a two-teacher school in Durham County, + North Carolina. + (K) Shiloh Rosenwald School, a three-teacher school in + Macon County, Alabama. + (L) San Domingo School, a four-teacher school in Wicomico + County, Maryland. + (M) Elmore County Training School, a seven-teacher school + in Elmore County, Alabama. + (N) Dunbar Junior High, Senior High and Junior College in + Little Rock, Arkansas. + (2) Contents.--In conducting the study under paragraph (1), the + Secretary shall-- + (A) evaluate the national significance of the study area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National Park + System, including an interpretive center in or near Chicago, + Illinois; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the Federal + Government, State or local government entities, or private and + nonprofit organizations; + (D) consult with interested Federal agencies, State or + local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal acquisition, + development, interpretation, operation, and maintenance + associated with the alternatives. (c) Applicable Law.--The study under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code. @@ -92,26 +93,11 @@ are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing-- - (1) the results of the study; and - (2) any conclusions and recommendations of the Secretary - relating to the study. - - Passed the House of Representatives December 17, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session + (1) the results of the study; and + (2) any conclusions and recommendations of the Secretary + relating to the study. - H. R. 3250 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - -To require the Secretary of the Interior to conduct a special resource - study of the sites associated with the life and legacy of the noted -American philanthropist and business executive Julius Rosenwald, with a - special focus on the Rosenwald Schools, and for other purposes. + Vice President of the United States and + President of the Senate. From 47687fb8c3ff7339b68bc2c44482213cc1b152aa Mon Sep 17 00:00:00 2001 From: "Rep. Dingell, Debbie [D-MI-12]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 317/984] House-3253: Introduced to House --- bills_text/House-3253.txt | 318 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 318 insertions(+) create mode 100644 bills_text/House-3253.txt diff --git a/bills_text/House-3253.txt b/bills_text/House-3253.txt new file mode 100644 index 0000000..9d34fa9 --- /dev/null +++ b/bills_text/House-3253.txt @@ -0,0 +1,318 @@ +116th CONGRESS + 1st Session + H. R. 3253 + +To provide for certain extensions with respect to the Medicaid program + under title XIX of the Social Security Act, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 13, 2019 + + Mrs. Dingell (for herself, Mr. Guthrie, Mr. Pallone, Mr. Walden, Ms. +Eshoo, Mr. Burgess, Mr. Upton, Mr. Welch, Mr. Walberg, and Mr. Kennedy) + introduced the following bill; which was referred to the Committee on + Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + +To provide for certain extensions with respect to the Medicaid program + under title XIX of the Social Security Act, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Empowering +Beneficiaries, Ensuring Access, and Strengthening Accountability Act of +2019''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Extension of Money Follows the Person Rebalancing + Demonstration. +Sec. 3. Clarifying authority of State Medicaid fraud and abuse control + units to investigate and prosecute cases of + Medicaid patient abuse and neglect in any + setting. +Sec. 4. Extension of protection for Medicaid recipients of home and + community-based services against spousal + impoverishment. +Sec. 5. Extension of the Community Mental Health Services Demonstration + Program. +Sec. 6. Preventing inappropriately low rebates under Medicaid drug + rebate program. +Sec. 7. Medicaid Improvement Fund. + +SEC. 2. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING + DEMONSTRATION. + + (a) In General.-- + (1) Funding.--Section 6071(h) of the Deficit Reduction Act + of 2005 (42 U.S.C. 1396a note) is amended-- + (A) in paragraph (1)-- + (i) in subparagraph (E), by striking + ``and'' at the end; + (ii) in subparagraph (F)-- + (I) by striking ``subject to + paragraph (3), 132,000,000'' and + inserting ``$132,000,000''; and + (II) by striking the period at the + end and inserting a semicolon; and + (iii) by adding at the end the following + new subparagraphs: + ``(G) $417,000,000 for fiscal year 2020; + ``(H) $450,000,000 for each of fiscal years 2021 + through 2023; and + ``(I) $225,000,000 for fiscal year 2024.''; + (B) in paragraph (2)-- + (i) by striking ``Subject to paragraph (3), + amounts'' and inserting ``Amounts''; and + (ii) by striking ``2021'' and inserting + ``2024''; and + (C) by striking paragraph (3). + (2) Research and evaluation.--Section 6071(g) of the + Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is + amended-- + (A) in paragraph (2), by striking ``2016'' and + inserting ``2024''; and + (B) in paragraph (3), by inserting ``and for each + of fiscal years 2019 through 2024,'' after ``2016,''. + (b) Changes to Institutional Residency Period Requirement.-- + (1) In general.--Section 6071(b)(2) of the Deficit + Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- + (A) in subparagraph (A)(i), by striking ``90'' and + inserting ``60''; and + (B) by striking the flush sentence after + subparagraph (B). + (2) Effective date.--The amendments made by paragraph (1) + shall take effect on the date that is 30 days after the date of + the enactment of this Act. + (c) Updates to State Application Requirements.--Section 6071(c) of +the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- + (1) in paragraph (3), by striking ``, which shall include'' + and all that follows through ``2007''; + (2) in paragraph (7)-- + (A) in the paragraph heading, by striking + ``Rebalancing'' and inserting ``Expenditures''; + (B) in subparagraph (A), by adding ``and'' at the + end; and + (C) in subparagraph (B)-- + (i) in clause (i), by striking ``and'' at + the end; + (ii) in clause (ii), by striking the period + at the end and inserting a semicolon; and + (iii) by adding at the end the following: + ``(iii) include a work plan that describes for each + Federal fiscal year that occurs during the proposed MFP + demonstration project-- + ``(I) the use of grant funds for each + proposed initiative that is designed to + accomplish the objective described in + subsection (a)(1), including a funding source + for each activity that is part of each such + proposed initiative; + ``(II) an evaluation plan that identifies + expected results for each such proposed + initiative; and + ``(III) a sustainability plan for + components of such proposed initiatives that + are intended to improve transitions, which + shall be updated with actual expenditure + information for each Federal fiscal year that + occurs during the MFP demonstration project; + and + ``(iv) contain assurances that grant funds used to + accomplish the objective described in subsection (a)(1) + shall be obligated not later than 24 months after the + date on which the funds are awarded and shall be + expended not later than 60 months after the date on + which the funds are awarded (unless the Secretary + approves a waiver of either such requirement).''; and + (3) in paragraph (13)-- + (A) in subparagraph (A), by striking ``; and'' and + inserting ``, and in such manner as will meet the + reporting requirements set forth for the Transformed + Medicaid Statistical Management Information System (T- + MSIS);''; + (B) by redesignating subparagraph (B) as + subparagraph (D); and + (C) by inserting after subparagraph (A) the + following: + ``(B) the State shall report on a quarterly basis + on the use of grant funds by distinct activity, as + described in the approved work plan, and by specific + population as targeted by the State; + ``(C) if the State fails to report the information + required under subparagraph (B), fails to report such + information on a quarterly basis, or fails to make + progress under the approved work plan, the State shall + implement a corrective action plan and any lack of + progress under the approved work plan may result in + withholding of grant funds made available to the State; + and''. + (d) Funding for Quality Assurance and Improvement; Technical +Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of +2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and +inserting the following: + ``(2) Funding.--From the amounts appropriated under + subsection (h)(1) for each of fiscal years 2019 through 2024, + $1,000,000 shall be available to the Secretary for each such + fiscal year to carry out this subsection.''. + (e) Best Practices Evaluation.--Section 6071 of the Deficit +Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at +the end the following: + ``(i) Best Practices.-- + ``(1) Report.--The Secretary, directly or through grant or + contract, shall submit a report to the President and Congress + not later than September 30, 2020, that contains findings and + conclusions on best practices from the State MFP demonstration + projects carried out with grants made under this section. The + report shall include information and analyses with respect to + the following: + ``(A) The most effective State strategies for + transitioning beneficiaries from institutional to + qualified community settings carried out under the + State MFP demonstration projects and how such + strategies may vary for different types of + beneficiaries, such as beneficiaries who are aged, + physically disabled, intellectually or developmentally + disabled, or individuals with serious mental illnesses, + and other targeted waiver beneficiary populations. + ``(B) The most common and the most effective State + uses of grant funds carried out under the State MFP + demonstration projects for transitioning beneficiaries + from institutional to qualified community settings and + improving health outcomes, including differentiating + funding for current initiatives that are designed for + such purpose and funding for proposed initiatives that + are designed for such purpose. + ``(C) The most effective State approaches carried + out under State MFP demonstration projects for + improving person-centered care and planning. + ``(D) Identification of program, financing, and + other flexibilities available under the State MFP + demonstration projects, that are not available under + the traditional Medicaid program, and which directly + contributed to successful transitions and improved + health outcomes under the State MFP demonstration + projects. + ``(E) State strategies and financing mechanisms for + effective coordination of housing financed or supported + under State MFP demonstration projects with local + housing authorities and other resources. + ``(F) Effective State approaches for delivering + Money Follows the Person transition services through + managed care entities. + ``(G) Other best practices and effective transition + strategies demonstrated by States with approved MFP + demonstration projects, as determined by the Secretary. + ``(H) Identification and analyses of opportunities + and challenges to integrating effective Money Follows + the Person practices and State strategies into the + traditional Medicaid program. + ``(2) Collaboration.--In preparing the report required + under this subsection, the Secretary shall collect and + incorporate information from States with approved MFP + demonstration projects and beneficiaries participating in such + projects, and providers participating in such projects. + ``(3) Funding.--From the amounts appropriated under + subsection (h)(1) for each of fiscal years 2020 and 2021, not + more than $300,000 shall be available to the Secretary for each + such fiscal year to carry out this subsection.''. + (f) MACPAC Report on Qualified Settings Criteria.--Section 6071 of +the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as amended by +subsection (e), is further amended by adding at the end the following: + ``(j) MACPAC Report.--Prior to the final implementation date +established by the Secretary for the criteria established for home and +community-based settings in section 441.301(c)(4) of title 42, Code of +Federal Regulations, as part of final implementation of the Home and +Community Based Services (HCBS) Final Rule published on January 16, +2014 (79 Fed. Reg. 2947) (referred to in this subsection as the `HCBS +final rule'), the Medicaid and CHIP Payment and Access Commission +(MACPAC) shall submit to Congress a report that-- + ``(1) identifies the types of home and community-based + settings and associated services that are available to eligible + individuals in both the MFP demonstration program and sites in + compliance with the HCBS final rule; and + ``(2) if determined appropriate by the Commission, + recommends policies to align the criteria for a qualified + residence under subsection (b)(6) (as in effect on October 1, + 2017) with the criteria in the HCBS final rule.''. + (g) Application to Current Projects.--Not later than 1 year after +the date of the enactment of this Act, any State with an approved MFP +demonstration project under section 6071 of the Deficit Reduction Act +of 2005 (42 U.S.C. 1396a note) on the date of the enactment of this Act +shall submit a revised application to the Secretary that contains the +same information and assurances as are required for any new State +applicant under the amendments made by this section. + +SEC. 3. CLARIFYING AUTHORITY OF STATE MEDICAID FRAUD AND ABUSE CONTROL + UNITS TO INVESTIGATE AND PROSECUTE CASES OF MEDICAID + PATIENT ABUSE AND NEGLECT IN ANY SETTING. + + (a) In General.--Section 1903(q)(4)(A)(ii) of the Social Security +Act (42 U.S.C. 1396b(q)(4)(A)(ii)) is amended by inserting after +``patients residing in board and care facilities'' the following: ``and +of patients (who are receiving medical assistance under the State plan +under this title) in a noninstitutional or other setting''. + (b) Availability of Funding.--Section 1903(a)(6) of the Social +Security Act (42 U.S.C. 1396b(a)(6)) is amended, in the matter +following subparagraph (B), by striking ``(as found necessary by the +Secretary for the elimination of fraud in the provision and +administration of medical assistance provided under the State plan)''. + +SEC. 4. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND + COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. + + Section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) is +amended by striking ``September 30, 2019'' and inserting ``March 31, +2024''. + +SEC. 5. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION + PROGRAM. + + Section 223(d) of the Protecting Access to Medicare Act of 2014 (42 +U.S.C. 1396a note) is amended-- + (1) in paragraph (3), by striking ``June 30, 2019'' and + inserting ``December 31, 2021''; and + (2) in paragraph (7)(B), by striking ``December 31, 2021'' + and inserting ``June 30, 2021''. + +SEC. 6. PREVENTING INAPPROPRIATELY LOW REBATES UNDER MEDICAID DRUG + REBATE PROGRAM. + + (a) Prohibiting Manufacturers From Blending Average Manufacturer +Price of Brand Drug and Any Authorized Generic of Such Drug.--Section +1927(k)(1)(C) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(C)) +is amended-- + (1) in the subparagraph heading, by striking ``Inclusion'' + and inserting ``Exclusion''; + (2) by striking ``a new drug application'' and inserting + ``the manufacturer's new drug application''; and + (3) by striking ``inclusive'' and inserting ``exclusive''. + (b) Eliminating Manufacturers From Definition of Wholesaler.-- +Section 1927(k)(11) of the Social Security Act (42 U.S.C. 1396r- +8(k)(11)) is amended-- + (1) by striking ``manufacturers,''; and + (2) by striking ``manufacturer's and''. + (c) Effective Date.--The amendments made by this section shall +apply with respect to covered outpatient drugs dispensed on or after +January 1, 2020. + +SEC. 7. MEDICAID IMPROVEMENT FUND. + + Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- +1(b)(1)) is amended by striking ``$6,000,000'' and inserting +``$45,500,000''. + \ No newline at end of file From 0b259c7c36fe6cf6fc0059cc1839d6e1dfa3a4eb Mon Sep 17 00:00:00 2001 From: "Rep. Dingell, Debbie [D-MI-12]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 318/984] House-3253: Engrossed in House --- bills_text/House-3253.txt | 69 ++++++++++++++++++++++++++------------- 1 file changed, 47 insertions(+), 22 deletions(-) diff --git a/bills_text/House-3253.txt b/bills_text/House-3253.txt index 9d34fa9..15fa101 100644 --- a/bills_text/House-3253.txt +++ b/bills_text/House-3253.txt @@ -2,25 +2,9 @@ 1st Session H. R. 3253 -To provide for certain extensions with respect to the Medicaid program - under title XIX of the Social Security Act, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 13, 2019 - - Mrs. Dingell (for herself, Mr. Guthrie, Mr. Pallone, Mr. Walden, Ms. -Eshoo, Mr. Burgess, Mr. Upton, Mr. Welch, Mr. Walberg, and Mr. Kennedy) - introduced the following bill; which was referred to the Committee on - Energy and Commerce - -_______________________________________________________________________ - - A BILL + AN ACT @@ -38,7 +22,7 @@ Beneficiaries, Ensuring Access, and Strengthening Accountability Act of (b) Table of Contents.--The table of contents for this Act is as follows: -Sec. 1. Short title; table of contents. +Sec. 1. Short title; Table of contents. Sec. 2. Extension of Money Follows the Person Rebalancing Demonstration. Sec. 3. Clarifying authority of State Medicaid fraud and abuse control @@ -53,6 +37,7 @@ Sec. 5. Extension of the Community Mental Health Services Demonstration Sec. 6. Preventing inappropriately low rebates under Medicaid drug rebate program. Sec. 7. Medicaid Improvement Fund. +Sec. 8. Determination of budgetary effects. SEC. 2. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION. @@ -275,9 +260,23 @@ administration of medical assistance provided under the State plan)''. SEC. 4. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. - Section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) is -amended by striking ``September 30, 2019'' and inserting ``March 31, -2024''. + (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. +1396r-5 note) is amended by striking ``September 30, 2019'' and +inserting ``March 31, 2024''. + (b) Rule of Construction.--Nothing in section 2404 of Public Law +111-148 (42 U.S.C. 1396r-5 note), section 1924 of the Social Security +Act (42 U.S.C. 1396r-5), or section 1902(a)(17) of such Act (42 U.S.C. +1396a(a)(17)) shall be construed as prohibiting a State from applying +an income or resource disregard authorized under section 1902(r)(2) of +such Act (42 U.S.C. 1396a(r)(2))-- + (1) to the income or resources of individuals described in + section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. + 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income + or resources of such individual's spouse); or + (2) on the basis of an individual's need for home and + community-based services authorized under subsection (c), (d), + (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or + under section 1115 of such Act (42 U.S.C. 1315). SEC. 5. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION PROGRAM. @@ -315,4 +314,30 @@ SEC. 7. MEDICAID IMPROVEMENT FUND. Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- 1(b)(1)) is amended by striking ``$6,000,000'' and inserting ``$45,500,000''. - \ No newline at end of file + +SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives June 18, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3253 + +_______________________________________________________________________ + + AN ACT + +To provide for certain extensions with respect to the Medicaid program + under title XIX of the Social Security Act, and for other purposes. From 8f3751248c0d769685558fd7e68ae97d333103d7 Mon Sep 17 00:00:00 2001 From: "Rep. Dingell, Debbie [D-MI-12]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 319/984] House-3253: Received in Senate --- bills_text/House-3253.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-3253.txt b/bills_text/House-3253.txt index 15fa101..4818a9e 100644 --- a/bills_text/House-3253.txt +++ b/bills_text/House-3253.txt @@ -2,6 +2,16 @@ 1st Session H. R. 3253 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 19, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -328,16 +338,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 1st Session - - H. R. 3253 - -_______________________________________________________________________ - - AN ACT - -To provide for certain extensions with respect to the Medicaid program - under title XIX of the Social Security Act, and for other purposes. + Clerk. From 8d31df2b901ca7e586753090c837749e302013f3 Mon Sep 17 00:00:00 2001 From: "Rep. Dingell, Debbie [D-MI-12]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 320/984] House-3253: Enrolled --- bills_text/House-3253.txt | 395 +++++++------------------------------- 1 file changed, 70 insertions(+), 325 deletions(-) diff --git a/bills_text/House-3253.txt b/bills_text/House-3253.txt index 4818a9e..7279d52 100644 --- a/bills_text/House-3253.txt +++ b/bills_text/House-3253.txt @@ -1,343 +1,88 @@ -116th CONGRESS - 1st Session - H. R. 3253 + H.R.3253 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - June 19, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act -To provide for certain extensions with respect to the Medicaid program - under title XIX of the Social Security Act, and for other purposes. + To provide for certain extensions with respect to the Medicaid program + under title XIX of the Social Security Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - -SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - - (a) Short Title.--This Act may be cited as the ``Empowering -Beneficiaries, Ensuring Access, and Strengthening Accountability Act of -2019''. - (b) Table of Contents.--The table of contents for this Act is as -follows: - -Sec. 1. Short title; Table of contents. -Sec. 2. Extension of Money Follows the Person Rebalancing - Demonstration. -Sec. 3. Clarifying authority of State Medicaid fraud and abuse control - units to investigate and prosecute cases of - Medicaid patient abuse and neglect in any - setting. -Sec. 4. Extension of protection for Medicaid recipients of home and - community-based services against spousal - impoverishment. -Sec. 5. Extension of the Community Mental Health Services Demonstration - Program. -Sec. 6. Preventing inappropriately low rebates under Medicaid drug - rebate program. -Sec. 7. Medicaid Improvement Fund. -Sec. 8. Determination of budgetary effects. - -SEC. 2. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING - DEMONSTRATION. - - (a) In General.-- - (1) Funding.--Section 6071(h) of the Deficit Reduction Act - of 2005 (42 U.S.C. 1396a note) is amended-- - (A) in paragraph (1)-- - (i) in subparagraph (E), by striking - ``and'' at the end; - (ii) in subparagraph (F)-- - (I) by striking ``subject to - paragraph (3), 132,000,000'' and - inserting ``$132,000,000''; and - (II) by striking the period at the - end and inserting a semicolon; and - (iii) by adding at the end the following - new subparagraphs: - ``(G) $417,000,000 for fiscal year 2020; - ``(H) $450,000,000 for each of fiscal years 2021 - through 2023; and - ``(I) $225,000,000 for fiscal year 2024.''; - (B) in paragraph (2)-- - (i) by striking ``Subject to paragraph (3), - amounts'' and inserting ``Amounts''; and - (ii) by striking ``2021'' and inserting - ``2024''; and - (C) by striking paragraph (3). - (2) Research and evaluation.--Section 6071(g) of the - Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is - amended-- - (A) in paragraph (2), by striking ``2016'' and - inserting ``2024''; and - (B) in paragraph (3), by inserting ``and for each - of fiscal years 2019 through 2024,'' after ``2016,''. - (b) Changes to Institutional Residency Period Requirement.-- - (1) In general.--Section 6071(b)(2) of the Deficit - Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- - (A) in subparagraph (A)(i), by striking ``90'' and - inserting ``60''; and - (B) by striking the flush sentence after - subparagraph (B). - (2) Effective date.--The amendments made by paragraph (1) - shall take effect on the date that is 30 days after the date of - the enactment of this Act. - (c) Updates to State Application Requirements.--Section 6071(c) of -the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended-- - (1) in paragraph (3), by striking ``, which shall include'' - and all that follows through ``2007''; - (2) in paragraph (7)-- - (A) in the paragraph heading, by striking - ``Rebalancing'' and inserting ``Expenditures''; - (B) in subparagraph (A), by adding ``and'' at the - end; and - (C) in subparagraph (B)-- - (i) in clause (i), by striking ``and'' at - the end; - (ii) in clause (ii), by striking the period - at the end and inserting a semicolon; and - (iii) by adding at the end the following: - ``(iii) include a work plan that describes for each - Federal fiscal year that occurs during the proposed MFP - demonstration project-- - ``(I) the use of grant funds for each - proposed initiative that is designed to - accomplish the objective described in - subsection (a)(1), including a funding source - for each activity that is part of each such - proposed initiative; - ``(II) an evaluation plan that identifies - expected results for each such proposed - initiative; and - ``(III) a sustainability plan for - components of such proposed initiatives that - are intended to improve transitions, which - shall be updated with actual expenditure - information for each Federal fiscal year that - occurs during the MFP demonstration project; - and - ``(iv) contain assurances that grant funds used to - accomplish the objective described in subsection (a)(1) - shall be obligated not later than 24 months after the - date on which the funds are awarded and shall be - expended not later than 60 months after the date on - which the funds are awarded (unless the Secretary - approves a waiver of either such requirement).''; and - (3) in paragraph (13)-- - (A) in subparagraph (A), by striking ``; and'' and - inserting ``, and in such manner as will meet the - reporting requirements set forth for the Transformed - Medicaid Statistical Management Information System (T- - MSIS);''; - (B) by redesignating subparagraph (B) as - subparagraph (D); and - (C) by inserting after subparagraph (A) the - following: - ``(B) the State shall report on a quarterly basis - on the use of grant funds by distinct activity, as - described in the approved work plan, and by specific - population as targeted by the State; - ``(C) if the State fails to report the information - required under subparagraph (B), fails to report such - information on a quarterly basis, or fails to make - progress under the approved work plan, the State shall - implement a corrective action plan and any lack of - progress under the approved work plan may result in - withholding of grant funds made available to the State; - and''. - (d) Funding for Quality Assurance and Improvement; Technical -Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of -2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and -inserting the following: - ``(2) Funding.--From the amounts appropriated under - subsection (h)(1) for each of fiscal years 2019 through 2024, - $1,000,000 shall be available to the Secretary for each such - fiscal year to carry out this subsection.''. - (e) Best Practices Evaluation.--Section 6071 of the Deficit -Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at -the end the following: - ``(i) Best Practices.-- - ``(1) Report.--The Secretary, directly or through grant or - contract, shall submit a report to the President and Congress - not later than September 30, 2020, that contains findings and - conclusions on best practices from the State MFP demonstration - projects carried out with grants made under this section. The - report shall include information and analyses with respect to - the following: - ``(A) The most effective State strategies for - transitioning beneficiaries from institutional to - qualified community settings carried out under the - State MFP demonstration projects and how such - strategies may vary for different types of - beneficiaries, such as beneficiaries who are aged, - physically disabled, intellectually or developmentally - disabled, or individuals with serious mental illnesses, - and other targeted waiver beneficiary populations. - ``(B) The most common and the most effective State - uses of grant funds carried out under the State MFP - demonstration projects for transitioning beneficiaries - from institutional to qualified community settings and - improving health outcomes, including differentiating - funding for current initiatives that are designed for - such purpose and funding for proposed initiatives that - are designed for such purpose. - ``(C) The most effective State approaches carried - out under State MFP demonstration projects for - improving person-centered care and planning. - ``(D) Identification of program, financing, and - other flexibilities available under the State MFP - demonstration projects, that are not available under - the traditional Medicaid program, and which directly - contributed to successful transitions and improved - health outcomes under the State MFP demonstration - projects. - ``(E) State strategies and financing mechanisms for - effective coordination of housing financed or supported - under State MFP demonstration projects with local - housing authorities and other resources. - ``(F) Effective State approaches for delivering - Money Follows the Person transition services through - managed care entities. - ``(G) Other best practices and effective transition - strategies demonstrated by States with approved MFP - demonstration projects, as determined by the Secretary. - ``(H) Identification and analyses of opportunities - and challenges to integrating effective Money Follows - the Person practices and State strategies into the - traditional Medicaid program. - ``(2) Collaboration.--In preparing the report required - under this subsection, the Secretary shall collect and - incorporate information from States with approved MFP - demonstration projects and beneficiaries participating in such - projects, and providers participating in such projects. - ``(3) Funding.--From the amounts appropriated under - subsection (h)(1) for each of fiscal years 2020 and 2021, not - more than $300,000 shall be available to the Secretary for each - such fiscal year to carry out this subsection.''. - (f) MACPAC Report on Qualified Settings Criteria.--Section 6071 of -the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as amended by -subsection (e), is further amended by adding at the end the following: - ``(j) MACPAC Report.--Prior to the final implementation date -established by the Secretary for the criteria established for home and -community-based settings in section 441.301(c)(4) of title 42, Code of -Federal Regulations, as part of final implementation of the Home and -Community Based Services (HCBS) Final Rule published on January 16, -2014 (79 Fed. Reg. 2947) (referred to in this subsection as the `HCBS -final rule'), the Medicaid and CHIP Payment and Access Commission -(MACPAC) shall submit to Congress a report that-- - ``(1) identifies the types of home and community-based - settings and associated services that are available to eligible - individuals in both the MFP demonstration program and sites in - compliance with the HCBS final rule; and - ``(2) if determined appropriate by the Commission, - recommends policies to align the criteria for a qualified - residence under subsection (b)(6) (as in effect on October 1, - 2017) with the criteria in the HCBS final rule.''. - (g) Application to Current Projects.--Not later than 1 year after -the date of the enactment of this Act, any State with an approved MFP -demonstration project under section 6071 of the Deficit Reduction Act -of 2005 (42 U.S.C. 1396a note) on the date of the enactment of this Act -shall submit a revised application to the Secretary that contains the -same information and assurances as are required for any new State -applicant under the amendments made by this section. - -SEC. 3. CLARIFYING AUTHORITY OF STATE MEDICAID FRAUD AND ABUSE CONTROL - UNITS TO INVESTIGATE AND PROSECUTE CASES OF MEDICAID - PATIENT ABUSE AND NEGLECT IN ANY SETTING. - - (a) In General.--Section 1903(q)(4)(A)(ii) of the Social Security -Act (42 U.S.C. 1396b(q)(4)(A)(ii)) is amended by inserting after -``patients residing in board and care facilities'' the following: ``and -of patients (who are receiving medical assistance under the State plan -under this title) in a noninstitutional or other setting''. - (b) Availability of Funding.--Section 1903(a)(6) of the Social -Security Act (42 U.S.C. 1396b(a)(6)) is amended, in the matter -following subparagraph (B), by striking ``(as found necessary by the -Secretary for the elimination of fraud in the provision and -administration of medical assistance provided under the State plan)''. - -SEC. 4. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND - COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. - +SECTION 1. SHORT TITLE. + This Act may be cited as the ``Sustaining Excellence in Medicaid +Act of 2019''. +SEC. 2. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION +PROGRAM. + Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 +(42 U.S.C. 1396a note), as amended by Public Law 116-29, is amended by +striking ``July 14, 2019'' and inserting ``September 13, 2019''. +SEC. 3. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND +COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) is amended by striking ``September 30, 2019'' and -inserting ``March 31, 2024''. +inserting ``December 31, 2019''. (b) Rule of Construction.--Nothing in section 2404 of Public Law -111-148 (42 U.S.C. 1396r-5 note), section 1924 of the Social Security -Act (42 U.S.C. 1396r-5), or section 1902(a)(17) of such Act (42 U.S.C. -1396a(a)(17)) shall be construed as prohibiting a State from applying -an income or resource disregard authorized under section 1902(r)(2) of +111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the +Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be +construed as prohibiting a State from applying an income or resource +disregard under a methodology authorized under section 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))-- - (1) to the income or resources of individuals described in - section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. - 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income - or resources of such individual's spouse); or - (2) on the basis of an individual's need for home and - community-based services authorized under subsection (c), (d), - (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or - under section 1115 of such Act (42 U.S.C. 1315). - -SEC. 5. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION - PROGRAM. - - Section 223(d) of the Protecting Access to Medicare Act of 2014 (42 -U.S.C. 1396a note) is amended-- - (1) in paragraph (3), by striking ``June 30, 2019'' and - inserting ``December 31, 2021''; and - (2) in paragraph (7)(B), by striking ``December 31, 2021'' - and inserting ``June 30, 2021''. - -SEC. 6. PREVENTING INAPPROPRIATELY LOW REBATES UNDER MEDICAID DRUG - REBATE PROGRAM. - - (a) Prohibiting Manufacturers From Blending Average Manufacturer -Price of Brand Drug and Any Authorized Generic of Such Drug.--Section -1927(k)(1)(C) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(C)) -is amended-- - (1) in the subparagraph heading, by striking ``Inclusion'' - and inserting ``Exclusion''; - (2) by striking ``a new drug application'' and inserting - ``the manufacturer's new drug application''; and - (3) by striking ``inclusive'' and inserting ``exclusive''. - (b) Eliminating Manufacturers From Definition of Wholesaler.-- -Section 1927(k)(11) of the Social Security Act (42 U.S.C. 1396r- -8(k)(11)) is amended-- - (1) by striking ``manufacturers,''; and - (2) by striking ``manufacturer's and''. - (c) Effective Date.--The amendments made by this section shall -apply with respect to covered outpatient drugs dispensed on or after -January 1, 2020. - -SEC. 7. MEDICAID IMPROVEMENT FUND. - - Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- -1(b)(1)) is amended by striking ``$6,000,000'' and inserting -``$45,500,000''. - -SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. - - The budgetary effects of this Act, for the purpose of complying -with the Statutory Pay-As-You-Go Act of 2010, shall be determined by -reference to the latest statement titled ``Budgetary Effects of PAYGO -Legislation'' for this Act, submitted for printing in the Congressional -Record by the Chairman of the House Budget Committee, provided that -such statement has been submitted prior to the vote on passage. - - Passed the House of Representatives June 18, 2019. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. + (1) to the income or resources of an individual described in + section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. + 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income or + resources of such individual's spouse); or + (2) on the basis of an individual's need for home and + community-based services authorized under subsection (c), (d), (i), + or (k) of section 1915 of such Act (42 U.S.C. 1396n) or under + section 1115 of such Act (42 U.S.C. 1315). +SEC. 4. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING +DEMONSTRATION. + Section 6071(h)(1)(F) of the Deficit Reduction Act of 2005 (42 +U.S.C. 1396a note) is amended by striking ``$132,000,000'' and +inserting ``$254,500,000''. +SEC. 5. EXTENSION FOR FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS. + Section 501(c) of the Social Security Act (42 U.S.C. 701(c)) is +amended-- + (1) in paragraph (1)(A)(vii), by striking ``and 2019'' and + inserting ``through 2024''; and + (2) in paragraph (3)(C), by striking ``fiscal years 2018 and + 2019'' and inserting ``fiscal year 2018 and each fiscal year + thereafter''. +SEC. 6. REDUCED WHOLESALE ACQUISITION COST (WAC)-BASED PAYMENTS FOR NEW +DRUGS AND BIOLOGICALS. + Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w- +3a(c)(4)) is amended by striking ``payable under this section for the +drug or biological based on--'' and all that follows through the period +at the end and inserting the following: ``payable under this section-- + ``(A) in the case of a drug or biological furnished prior + to January 1, 2019, based on-- + ``(i) the wholesale acquisition cost; or + ``(ii) the methodologies in effect under this part on + November 1, 2003, to determine payment amounts for drugs or + biologicals; and + ``(B) in the case of a drug or biological furnished on or + after January 1, 2019-- + ``(i) at an amount not to exceed 103 percent of the + wholesale acquisition cost; or + ``(ii) based on the methodologies in effect under this + part on November 1, 2003, to determine payment amounts for + drugs or biologicals.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From bac97cdc2914244fd46bc1317d05faed34b77d82 Mon Sep 17 00:00:00 2001 From: "Rep. Joyce, David P. [R-OH-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 321/984] House-3275: Introduced to House --- bills_text/House-3275.txt | 42 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-3275.txt diff --git a/bills_text/House-3275.txt b/bills_text/House-3275.txt new file mode 100644 index 0000000..db33609 --- /dev/null +++ b/bills_text/House-3275.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 1st Session + H. R. 3275 + + To designate the facility of the United States Postal Service located + at 340 Wetmore Avenue in Grand River, Ohio, as the ``Lance Corporal + Andy `Ace' Nowacki Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 13, 2019 + +Mr. Joyce of Ohio introduced the following bill; which was referred to + the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 340 Wetmore Avenue in Grand River, Ohio, as the ``Lance Corporal + Andy `Ace' Nowacki Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. LANCE CORPORAL ANDY ``ACE'' NOWACKI POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 340 Wetmore Avenue in Grand River, Ohio, shall be known and +designated as the ``Lance Corporal Andy `Ace' Nowacki Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Lance +Corporal Andy `Ace' Nowacki Post Office''. + \ No newline at end of file From c0fdc92ed6449bac2e8f41cfb639dd42e8bf72a6 Mon Sep 17 00:00:00 2001 From: "Rep. Joyce, David P. [R-OH-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 322/984] House-3275: Engrossed in House --- bills_text/House-3275.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-3275.txt b/bills_text/House-3275.txt index db33609..0f5b2e7 100644 --- a/bills_text/House-3275.txt +++ b/bills_text/House-3275.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3275 - To designate the facility of the United States Postal Service located - at 340 Wetmore Avenue in Grand River, Ohio, as the ``Lance Corporal - Andy `Ace' Nowacki Post Office''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 13, 2019 - -Mr. Joyce of Ohio introduced the following bill; which was referred to - the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -39,4 +24,22 @@ designated as the ``Lance Corporal Andy `Ace' Nowacki Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lance Corporal Andy `Ace' Nowacki Post Office''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3275 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 340 Wetmore Avenue in Grand River, Ohio, as the ``Lance Corporal + Andy `Ace' Nowacki Post Office''. From 2442610261a865f060f36d366477c0a4e967f762 Mon Sep 17 00:00:00 2001 From: "Rep. Joyce, David P. [R-OH-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 323/984] House-3275: Enrolled --- bills_text/House-3275.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-3275.txt b/bills_text/House-3275.txt index 0f5b2e7..424a84e 100644 --- a/bills_text/House-3275.txt +++ b/bills_text/House-3275.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 3275 + H.R.3275 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 340 Wetmore Avenue in Grand River, Ohio, as the ``Lance Corporal - Andy `Ace' Nowacki Post Office''. +To designate the facility of the United States Postal Service located at + 340 Wetmore Avenue in Grand River, Ohio, as the ``Lance Corporal Andy + `Ace' Nowacki Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. LANCE CORPORAL ANDY ``ACE'' NOWACKI POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 340 Wetmore Avenue in Grand River, Ohio, shall be known and designated as the ``Lance Corporal Andy `Ace' Nowacki Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lance Corporal Andy `Ace' Nowacki Post Office''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3275 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 340 Wetmore Avenue in Grand River, Ohio, as the ``Lance Corporal - Andy `Ace' Nowacki Post Office''. + Vice President of the United States and + President of the Senate. From 9cd4632824d72a4b1a8b06821dd5a30ba5fbca8b Mon Sep 17 00:00:00 2001 From: "Rep. Cohen, Steve [D-TN-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 324/984] House-3304: Introduced to House --- bills_text/House-3304.txt | 48 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 bills_text/House-3304.txt diff --git a/bills_text/House-3304.txt b/bills_text/House-3304.txt new file mode 100644 index 0000000..c1efe15 --- /dev/null +++ b/bills_text/House-3304.txt @@ -0,0 +1,48 @@ +116th CONGRESS + 1st Session + H. R. 3304 + +To exempt for an additional 4-year period, from the application of the +means-test presumption of abuse under chapter 7, qualifying members of + reserve components of the Armed Forces and members of the National + Guard who, after September 11, 2001, are called to active duty or to + perform a homeland defense activity for not less than 90 days. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 18, 2019 + + Mr. Cohen (for himself, Mr. Cline, Mr. Burchett, and Ms. Dean) + introduced the following bill; which was referred to the Committee on + the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To exempt for an additional 4-year period, from the application of the +means-test presumption of abuse under chapter 7, qualifying members of + reserve components of the Armed Forces and members of the National + Guard who, after September 11, 2001, are called to active duty or to + perform a homeland defense activity for not less than 90 days. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Guard and Reservists Debt +Relief Extension Act of 2019''. + +SEC. 2. NATIONAL GUARD AND RESERVISTS DEBT RELIEF AMENDMENT. + + Section 4(b) of the National Guard and Reservists Debt Relief Act +of 2008 (Public Law 110-438; 122 Stat. 5000) is amended by striking +``11-year'' and inserting ``15-year''. + \ No newline at end of file From 9f570a576c06433ccc147a83923f39f2cdef52f4 Mon Sep 17 00:00:00 2001 From: "Rep. Cohen, Steve [D-TN-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 325/984] House-3304: Engrossed in House --- bills_text/House-3304.txt | 51 ++++++++++++++++++++++++--------------- 1 file changed, 31 insertions(+), 20 deletions(-) diff --git a/bills_text/House-3304.txt b/bills_text/House-3304.txt index c1efe15..37c2c56 100644 --- a/bills_text/House-3304.txt +++ b/bills_text/House-3304.txt @@ -2,27 +2,9 @@ 1st Session H. R. 3304 -To exempt for an additional 4-year period, from the application of the -means-test presumption of abuse under chapter 7, qualifying members of - reserve components of the Armed Forces and members of the National - Guard who, after September 11, 2001, are called to active duty or to - perform a homeland defense activity for not less than 90 days. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 18, 2019 - - Mr. Cohen (for himself, Mr. Cline, Mr. Burchett, and Ms. Dean) - introduced the following bill; which was referred to the Committee on - the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -45,4 +27,33 @@ SEC. 2. NATIONAL GUARD AND RESERVISTS DEBT RELIEF AMENDMENT. Section 4(b) of the National Guard and Reservists Debt Relief Act of 2008 (Public Law 110-438; 122 Stat. 5000) is amended by striking ``11-year'' and inserting ``15-year''. - \ No newline at end of file + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives July 23, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3304 + +_______________________________________________________________________ + + AN ACT + +To exempt for an additional 4-year period, from the application of the +means-test presumption of abuse under chapter 7, qualifying members of + reserve components of the Armed Forces and members of the National + Guard who, after September 11, 2001, are called to active duty or to + perform a homeland defense activity for not less than 90 days. From f4d6b981fed2b1fc50ca60c4f4f99a9da5f63a73 Mon Sep 17 00:00:00 2001 From: "Rep. Cohen, Steve [D-TN-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 326/984] House-3304: Received in Senate --- bills_text/House-3304.txt | 27 ++++++++++++--------------- 1 file changed, 12 insertions(+), 15 deletions(-) diff --git a/bills_text/House-3304.txt b/bills_text/House-3304.txt index 37c2c56..a276afb 100644 --- a/bills_text/House-3304.txt +++ b/bills_text/House-3304.txt @@ -2,6 +2,16 @@ 1st Session H. R. 3304 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 24, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -41,19 +51,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3304 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, -To exempt for an additional 4-year period, from the application of the -means-test presumption of abuse under chapter 7, qualifying members of - reserve components of the Armed Forces and members of the National - Guard who, after September 11, 2001, are called to active duty or to - perform a homeland defense activity for not less than 90 days. + Clerk. From 90ebc24e6e0a288ddea519b40782158082afd17d Mon Sep 17 00:00:00 2001 From: "Rep. Cohen, Steve [D-TN-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 327/984] House-3304: Enrolled --- bills_text/House-3304.txt | 42 +++++++++++++++------------------------ 1 file changed, 16 insertions(+), 26 deletions(-) diff --git a/bills_text/House-3304.txt b/bills_text/House-3304.txt index a276afb..5f50dcf 100644 --- a/bills_text/House-3304.txt +++ b/bills_text/House-3304.txt @@ -1,45 +1,38 @@ -116th CONGRESS - 1st Session - H. R. 3304 + H.R.3304 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 24, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act -To exempt for an additional 4-year period, from the application of the -means-test presumption of abuse under chapter 7, qualifying members of - reserve components of the Armed Forces and members of the National - Guard who, after September 11, 2001, are called to active duty or to - perform a homeland defense activity for not less than 90 days. + To exempt for an additional 4-year period, from the application of the + means-test presumption of abuse under chapter 7, qualifying members of +reserve components of the Armed Forces and members of the National Guard +who, after September 11, 2001, are called to active duty or to perform a + homeland defense activity for not less than 90 days. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``National Guard and Reservists Debt Relief Extension Act of 2019''. - SEC. 2. NATIONAL GUARD AND RESERVISTS DEBT RELIEF AMENDMENT. - Section 4(b) of the National Guard and Reservists Debt Relief Act of 2008 (Public Law 110-438; 122 Stat. 5000) is amended by striking ``11-year'' and inserting ``15-year''. - SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -47,10 +40,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives July 23, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 01f4197f1fb25370475ac130cfc11810c92c021c Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 328/984] House-3305: Introduced to House --- bills_text/House-3305.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-3305.txt diff --git a/bills_text/House-3305.txt b/bills_text/House-3305.txt new file mode 100644 index 0000000..2e05f90 --- /dev/null +++ b/bills_text/House-3305.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 3305 + + To designate the facility of the United States Postal Service located + at 2509 George Mason Drive in Virginia Beach, Virginia, as the ``Ryan + Keith Cox Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 18, 2019 + + Mrs. Luria (for herself, Mr. Scott of Virginia, Mr. McEachin, Ms. +Spanberger, Ms. Wexton, Mr. Riggleman, Mr. Griffith, Mr. Connolly, Mr. +Beyer, Mr. Wittman, and Mr. Cline) introduced the following bill; which + was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 2509 George Mason Drive in Virginia Beach, Virginia, as the ``Ryan + Keith Cox Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. RYAN KEITH COX POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 2509 George Mason Drive in Virginia Beach, Virginia, shall +be known and designated as the ``Ryan Keith Cox Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Ryan Keith +Cox Post Office Building''. + \ No newline at end of file From 995b46e3b46e8f1d38f6900d6ed94c18c3637319 Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 329/984] House-3305: Engrossed in House --- bills_text/House-3305.txt | 39 ++++++++++++++++++++------------------- 1 file changed, 20 insertions(+), 19 deletions(-) diff --git a/bills_text/House-3305.txt b/bills_text/House-3305.txt index 2e05f90..7610360 100644 --- a/bills_text/House-3305.txt +++ b/bills_text/House-3305.txt @@ -2,26 +2,9 @@ 1st Session H. R. 3305 - To designate the facility of the United States Postal Service located - at 2509 George Mason Drive in Virginia Beach, Virginia, as the ``Ryan - Keith Cox Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 18, 2019 - - Mrs. Luria (for herself, Mr. Scott of Virginia, Mr. McEachin, Ms. -Spanberger, Ms. Wexton, Mr. Riggleman, Mr. Griffith, Mr. Connolly, Mr. -Beyer, Mr. Wittman, and Mr. Cline) introduced the following bill; which - was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -41,4 +24,22 @@ be known and designated as the ``Ryan Keith Cox Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ryan Keith Cox Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives July 17, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3305 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 2509 George Mason Drive in Virginia Beach, Virginia, as the ``Ryan + Keith Cox Post Office Building''. From 7bb0d30cb75f556bb11fe96aa21c726e7906b49e Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 330/984] House-3305: Enrolled --- bills_text/House-3305.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-3305.txt b/bills_text/House-3305.txt index 7610360..a088d27 100644 --- a/bills_text/House-3305.txt +++ b/bills_text/House-3305.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 3305 + H.R.3305 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located - at 2509 George Mason Drive in Virginia Beach, Virginia, as the ``Ryan - Keith Cox Post Office Building''. +To designate the facility of the United States Postal Service located at +2509 George Mason Drive in Virginia Beach, Virginia, as the ``Ryan Keith + Cox Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. RYAN KEITH COX POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 2509 George Mason Drive in Virginia Beach, Virginia, shall be known and designated as the ``Ryan Keith Cox Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ryan Keith Cox Post Office Building''. - Passed the House of Representatives July 17, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3305 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 2509 George Mason Drive in Virginia Beach, Virginia, as the ``Ryan - Keith Cox Post Office Building''. + Vice President of the United States and + President of the Senate. From e827d16a869162156832f6594014045637b1dd1a Mon Sep 17 00:00:00 2001 From: "Rep. Cline, Ben [R-VA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 331/984] House-3311: Introduced to House --- bills_text/House-3311.txt | 490 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 490 insertions(+) create mode 100644 bills_text/House-3311.txt diff --git a/bills_text/House-3311.txt b/bills_text/House-3311.txt new file mode 100644 index 0000000..71951ca --- /dev/null +++ b/bills_text/House-3311.txt @@ -0,0 +1,490 @@ +116th CONGRESS + 1st Session + H. R. 3311 + + To amend chapter 11 of title 11, United States Code, to address + reorganization of small businesses, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 18, 2019 + +Mr. Cline (for himself, Mr. Cicilline, Mr. Collins of Georgia, and Mr. + Cohen) introduced the following bill; which was referred to the + Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To amend chapter 11 of title 11, United States Code, to address + reorganization of small businesses, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Small Business Reorganization Act of +2019''. + +SEC. 2. REORGANIZATION OF SMALL BUSINESS DEBTORS. + + (a) In General.--Chapter 11 of title 11, United States Code, is +amended by adding at the end the following: + + ``SUBCHAPTER V--SMALL BUSINESS DEBTOR REORGANIZATION + +``Sec. 1181. Inapplicability of other sections + ``(a) In General.--Sections 105(d), 1101(1), 1104, 1105, 1106, +1107, 1108, 1115, 1116, 1121, 1123(a)(8), 1123(c), 1127, 1129(a)(15), +1129(b), 1129(c), 1129(e), and 1141(d)(5) of this title do not apply in +a case under this subchapter. + ``(b) Court Authority.--Unless the court for cause orders +otherwise, paragraphs (1), (2), and (4) of section 1102(a) and sections +1102(b), 1103, and 1125 of this title do not apply in a case under this +subchapter. + ``(c) Special Rule for Discharge.--If a plan is confirmed under +section 1191(b) of this title, section 1141(d) of this title shall not +apply, except as provided in section 1192 of this title. +``Sec. 1182. Definitions + ``In this subchapter: + ``(1) Debtor.--The term `debtor' means a small business + debtor. + ``(2) Debtor in possession.--The term `debtor in + possession' means the debtor, unless removed as debtor in + possession under section 1185(a) of this title. +``Sec. 1183. Trustee + ``(a) In General.--If the United States trustee has appointed an +individual under section 586(b) of title 28 to serve as standing +trustee in cases under this subchapter, and if such individual +qualifies as a trustee under section 322 of this title, then that +individual shall serve as trustee in any case under this subchapter. +Otherwise, the United States trustee shall appoint 1 disinterested +person to serve as trustee in the case or the United States trustee may +serve as trustee in the case, as necessary. + ``(b) Duties.--The trustee shall-- + ``(1) perform the duties specified in paragraphs (2), (5), + (6), (7), and (9) of section 704(a) of this title; + ``(2) perform the duties specified in paragraphs (3), (4), + and (7) of section 1106(a) of this title, if the court, for + cause and on request of a party in interest, the trustee, or + the United States trustee, so orders; + ``(3) appear and be heard at the status conference under + section 1188 of this title and any hearing that concerns-- + ``(A) the value of property subject to a lien; + ``(B) confirmation of a plan filed under this + subchapter; + ``(C) modification of the plan after confirmation; + or + ``(D) the sale of property of the estate; + ``(4) ensure that the debtor commences making timely + payments required by a plan confirmed under this subchapter; + ``(5) if the debtor ceases to be a debtor in possession, + perform the duties specified in section 704(a)(8) and + paragraphs (1), (2), and (6) of section 1106(a) of this title, + including operating the business of the debtor; + ``(6) if there is a claim for a domestic support obligation + with respect to the debtor, perform the duties specified in + section 704(c) of this title; and + ``(7) facilitate the development of a consensual plan of + reorganization. + ``(c) Termination of Trustee Service.-- + ``(1) In general.--If the plan of the debtor is confirmed + under section 1191(a) of this title, the service of the trustee + in the case shall terminate when the plan has been + substantially consummated, except that the United States + trustee may reappoint a trustee as needed for performance of + duties under subsection (b)(3)(C) of this section and section + 1185(a) of this title. + ``(2) Service of notice of substantial consummation.--Not + later than 14 days after the plan of the debtor is + substantially consummated, the debtor shall file with the court + and serve on the trustee, the United States trustee, and all + parties in interest notice of such substantial consummation. +``Sec. 1184. Rights and powers of a debtor in possession + ``Subject to such limitations or conditions as the court may +prescribe, a debtor in possession shall have all the rights, other than +the right to compensation under section 330 of this title, and powers, +and shall perform all functions and duties, except the duties specified +in paragraphs (2), (3), and (4) of section 1106(a) of this title, of a +trustee serving in a case under this chapter, including operating the +business of the debtor. +``Sec. 1185. Removal of debtor in possession + ``(a) In General.--On request of a party in interest, and after +notice and a hearing, the court shall order that the debtor shall not +be a debtor in possession for cause, including fraud, dishonesty, +incompetence, or gross mismanagement of the affairs of the debtor, +either before or after the date of commencement of the case, or for +failure to perform the obligations of the debtor under a plan confirmed +under this subchapter. + ``(b) Reinstatement.--On request of a party in interest, and after +notice and a hearing, the court may reinstate the debtor in possession. +``Sec. 1186. Property of the estate + ``(a) Inclusions.--If a plan is confirmed under section 1191(b) of +this title, property of the estate includes, in addition to the +property specified in section 541 of this title-- + ``(1) all property of the kind specified in that section + that the debtor acquires after the date of commencement of the + case but before the case is closed, dismissed, or converted to + a case under chapter 7, 12, or 13 of this title, whichever + occurs first; and + ``(2) earnings from services performed by the debtor after + the date of commencement of the case but before the case is + closed, dismissed, or converted to a case under chapter 7, 12, + or 13 of this title, whichever occurs first. + ``(b) Debtor Remaining in Possession.--Except as provided in +section 1185 of this title, a plan confirmed under this subchapter, or +an order confirming a plan under this subchapter, the debtor shall +remain in possession of all property of the estate. +``Sec. 1187. Duties and reporting requirements of debtors + ``(a) Filing Requirements.--Upon electing to be a debtor under this +subchapter, the debtor shall file the documents required by +subparagraphs (A) and (B) of section 1116(1) of this title. + ``(b) Other Applicable Provisions.--A debtor, in addition to the +duties provided in this title and as otherwise required by law, shall +comply with the requirements of section 308 and paragraphs (2), (3), +(4), (5), (6), and (7) of section 1116 of this title. + ``(c) Separate Disclosure Statement Exemption.--If the court orders +under section 1181(b) of this title that section 1125 of this title +applies, section 1125(f) of this title shall apply. +``Sec. 1188. Status conference + ``(a) In General.--Except as provided in subsection (b), not later +than 60 days after the entry of the order for relief under this +chapter, the court shall hold a status conference to further the +expeditious and economical resolution of a case under this subchapter. + ``(b) Exception.--The court may extend the period of time for +holding a status conference under subsection (a) if the need for an +extension is attributable to circumstances for which the debtor should +not justly be held accountable. + ``(c) Report.--Not later than 14 days before the date of the status +conference under subsection (a), the debtor shall file with the court +and serve on the trustee and all parties in interest a report that +details the efforts the debtor has undertaken and will undertake to +attain a consensual plan of reorganization. +``Sec. 1189. Filing of the plan + ``(a) Who May File a Plan.--Only the debtor may file a plan under +this subchapter. + ``(b) Deadline.--The debtor shall file a plan not later than 90 +days after the order for relief under this chapter, except that the +court may extend the period if the need for the extension is +attributable to circumstances for which the debtor should not justly be +held accountable. +``Sec. 1190. Contents of plan + ``A plan filed under this subchapter-- + ``(1) shall include-- + ``(A) a brief history of the business operations of + the debtor; + ``(B) a liquidation analysis; and + ``(C) projections with respect to the ability of + the debtor to make payments under the proposed plan of + reorganization; + ``(2) shall provide for the submission of all or such + portion of the future earnings or other future income of the + debtor to the supervision and control of the trustee as is + necessary for the execution of the plan; and + ``(3) notwithstanding section 1123(b)(5) of this title, may + modify the rights of the holder of a claim secured only by a + security interest in real property that is the principal + residence of the debtor if the new value received in connection + with the granting of the security interest was-- + ``(A) not used primarily to acquire the real + property; and + ``(B) used primarily in connection with the small + business of the debtor. +``Sec. 1191. Confirmation of plan + ``(a) Terms.--The court shall confirm a plan under this subchapter +only if all of the requirements of section 1129(a), other than +paragraph (15) of that section, of this title are met. + ``(b) Exception.--Notwithstanding section 510(a) of this title, if +all of the applicable requirements of section 1129(a) of this title, +other than paragraphs (8), (10), and (15) of that section, are met with +respect to a plan, the court, on request of the debtor, shall confirm +the plan notwithstanding the requirements of such paragraphs if the +plan does not discriminate unfairly, and is fair and equitable, with +respect to each class of claims or interests that is impaired under, +and has not accepted, the plan. + ``(c) Rule of Construction.--For purposes of this section, the +condition that a plan be fair and equitable with respect to each class +of claims or interests includes the following requirements: + ``(1) With respect to a class of secured claims, the plan + meets the requirements of section 1129(b)(2)(A) of this title. + ``(2) As of the effective date of the plan-- + ``(A) the plan provides that all of the projected + disposable income of the debtor to be received in the + 3-year period, or such longer period not to exceed 5 + years as the court may fix, beginning on the date that + the first payment is due under the plan will be applied + to make payments under the plan; or + ``(B) the value of the property to be distributed + under the plan in the 3-year period, or such longer + period not to exceed 5 years as the court may fix, + beginning on the date on which the first distribution + is due under the plan is not less than the projected + disposable income of the debtor. + ``(3)(A)(i) The debtor will be able to make all payments + under the plan; or + ``(ii) there is a reasonable likelihood that the debtor + will be able to make all payments under the plan; and + ``(B) the plan provides appropriate remedies, which may + include the liquidation of nonexempt assets, to protect the + holders of claims or interests in the event that the payments + are not made. + ``(d) Disposable Income.--For purposes of this section, the term +`disposable income' means the income that is received by the debtor and +that is not reasonably necessary to be expended-- + ``(1) for-- + ``(A) the maintenance or support of the debtor or a + dependent of the debtor; or + ``(B) a domestic support obligation that first + becomes payable after the date of the filing of the + petition; or + ``(2) for the payment of expenditures necessary for the + continuation, preservation, or operation of the business of the + debtor. + ``(e) Special Rule.--Notwithstanding section 1129(a)(9)(A) of this +title, a plan that provides for the payment through the plan of a claim +of a kind specified in paragraph (2) or (3) of section 507(a) of this +title may be confirmed under subsection (b) of this section. +``Sec. 1192. Discharge + ``If the plan of the debtor is confirmed under section 1191(b) of +this title, as soon as practicable after completion by the debtor of +all payments due within the first 3 years of the plan, or such longer +period not to exceed 5 years as the court may fix, unless the court +approves a written waiver of discharge executed by the debtor after the +order for relief under this chapter, the court shall grant the debtor a +discharge of all debts provided in section 1141(d)(1)(A) of this title, +and all other debts allowed under section 503 of this title and +provided for in the plan, except any debt-- + ``(1) on which the last payment is due after the first 3 + years of the plan, or such other time not to exceed 5 years + fixed by the court; or + ``(2) of the kind specified in section 523(a) of this + title. +``Sec. 1193. Modification of plan + ``(a) Modification Before Confirmation.--The debtor may modify a +plan at any time before confirmation, but may not modify the plan so +that the plan as modified fails to meet the requirements of sections +1122 and 1123 of this title, with the exception of subsection (a)(8) of +such section 1123. After the modification is filed with the court, the +plan as modified becomes the plan. + ``(b) Modification After Confirmation.--If a plan has been +confirmed under section 1191(a) of this title, the debtor may modify +the plan at any time after confirmation of the plan and before +substantial consummation of the plan, but may not modify the plan so +that the plan as modified fails to meet the requirements of sections +1122 and 1123 of this title, with the exception of subsection (a)(8) of +such section 1123. The plan, as modified under this subsection, becomes +the plan only if circumstances warrant the modification and the court, +after notice and a hearing, confirms the plan as modified under section +1191(a) of this title. + ``(c) Certain Other Modifications.--If a plan has been confirmed +under section 1191(b) of this title, the debtor may modify the plan at +any time within 3 years, or such longer time not to exceed 5 years, as +fixed by the court, but may not modify the plan so that the plan as +modified fails to meet the requirements of section 1191(b) of this +title. The plan as modified under this subsection becomes the plan only +if circumstances warrant such modification and the court, after notice +and a hearing, confirms such plan, as modified, under section 1191(b) +of this title. + ``(d) Holders of a Claim or Interest.--If a plan has been confirmed +under section 1191(a) of this title, any holder of a claim or interest +that has accepted or rejected the plan is deemed to have accepted or +rejected, as the case may be, the plan as modified, unless, within the +time fixed by the court, such holder changes the previous acceptance or +rejection of the holder. +``Sec. 1194. Payments + ``(a) Retention and Distribution by Trustee.--Payments and funds +received by the trustee shall be retained by the trustee until +confirmation or denial of confirmation of a plan. If a plan is +confirmed, the trustee shall distribute any such payment in accordance +with the plan. If a plan is not confirmed, the trustee shall return any +such payments to the debtor after deducting-- + ``(1) any unpaid claim allowed under section 503(b) of this + title; + ``(2) any payment made for the purpose of providing + adequate protection of an interest in property due to the + holder of a secured claim; and + ``(3) any fee owing to the trustee. + ``(b) Other Plans.--If a plan is confirmed under section 1191(b) of +this title, except as otherwise provided in the plan or in the order +confirming the plan, the trustee shall make payments to creditors under +the plan. + ``(c) Payments Prior to Confirmation.--Prior to confirmation of a +plan, the court, after notice and a hearing, may authorize the trustee +to make payments to the holder of a secured claim for the purpose of +providing adequate protection of an interest in property. +``Sec. 1195. Transactions with professionals + ``Notwithstanding section 327(a) of this title, a person is not +disqualified for employment under section 327 of this title, by a +debtor solely because that person holds a claim of less than $10,000 +that arose prior to commencement of the case.''. + (b) Clerical Amendment.--The table of subchapters at the beginning +of chapter 11 of title 11, United States Code, is amended by adding at +the end the following: + + ``subchapter v--small business debtor reorganization + +``1181. Inapplicability of other sections. +``1182. Definitions. +``1183. Trustee. +``1184. Rights and powers of a debtor in possession. +``1185. Removal of debtor in possession. +``1186. Property of the estate. +``1187. Duties and reporting requirements of debtors. +``1188. Status conference. +``1189. Filing of the plan. +``1190. Contents of plan. +``1191. Confirmation of plan. +``1192. Discharge. +``1193. Modification of plan. +``1194. Payments. +``1195. Transactions with professionals.''. + +SEC. 3. PREFERENCES; VENUE OF CERTAIN PROCEEDINGS. + + (a) Preferences.--Section 547(b) of title 11, United States Code, +is amended by inserting ``, based on reasonable due diligence in the +circumstances of the case and taking into account a party's known or +reasonably knowable affirmative defenses under subsection (c),'' after +``may''. + (b) Venue of Certain Proceedings.--Section 1409(b) of title 28, +United States Code, is amended by striking ``$10,000'' and inserting +``$25,000''. + +SEC. 4. CONFORMING AMENDMENTS. + + (a) Title 11.--Title 11, United States Code, is amended-- + (1) in section 101-- + (A) in paragraph (51C), by inserting ``and has not + elected that subchapter V of chapter 11 of this title + shall apply'' after ``is a small business debtor''; and + (B) in paragraph (51D)-- + (i) in subparagraph (A)-- + (I) by striking ``or operating real + property or activities incidental + thereto'' and inserting ``single asset + real estate''; and + (II) by striking ``for a case in + which'' and all that follows and + inserting ``not less than 50 percent of + which arose from the commercial or + business activities of the debtor; + and''; and + (ii) in subparagraph (B)-- + (I) by striking the period at the + end and inserting a semicolon; + (II) by striking ``does not include + any member'' and inserting the + following: ``does not include-- + ``(i) any member''; and + (III) by adding at the end the + following: + ``(ii) any debtor that is a corporation + subject to the reporting requirements under + section 13 or 15(d) of the Securities Exchange + Act of 1934 (15 U.S.C. 78m, 78o(d)); or + ``(iii) any corporation that-- + ``(I) is subject to the reporting + requirements under section 13 or 15(d) + of the Securities Exchange Act of 1934 + (15 U.S.C. 78m, 78o(d)); and + ``(II) is an affiliate of a + debtor.''; + (2) in section 103-- + (A) by redesignating subsections (i) through (k) as + subsections (j) through (l), respectively; and + (B) by inserting after subsection (h) the + following: + ``(i) Subchapter V of chapter 11 of this title applies only in a +case under chapter 11 in which a small business debtor elects that +subchapter V of chapter 11 shall apply.''; + (3) in section 322(a), by inserting ``1183,'' after + ``1163,''; + (4) in section 326-- + (A) in subsection (a), by inserting ``, other than + a case under subchapter V of chapter 11,'' after ``7 or + 11''; and + (B) in subsection (b), by inserting ``subchapter V + of chapter 11 or'' after ``In a case under''; + (5) in section 347-- + (A) in subsection (a)-- + (i) by inserting ``1194,'' after ``726,''; + and + (ii) by inserting ``subchapter V of chapter + 11,'' after ``chapter 7,''; and + (B) in subsection (b), by inserting ``1194,'' after + ``1173,''; + (6) in section 363(c)(1), by inserting ``1183, 1184,'' + after ``1108,''; + (7) in section 364(a), by inserting ``1183, 1184,'' after + ``1108,''; + (8) in section 523(a), in the matter preceding paragraph + (1), by inserting ``1192,'' after ``1141,''; + (9) in section 524-- + (A) in subsection (a)-- + (i) in paragraph (1), by inserting + ``1192,'' after ``1141,''; and + (ii) in paragraph (3), by inserting + ``1192,'' after ``523,''; + (B) in subsection (c)(1), by inserting ``1192,'' + after ``1141,''; and + (C) in subsection (d), by inserting ``1192,'' after + ``1141,''; + (10) in section 557(d)(3), by inserting ``1183,'' after + ``1104,''; + (11) in section 1102(a), by striking paragraph (3) and + inserting the following: + ``(3) Unless the court for cause orders otherwise, a + committee of creditors may not be appointed in a small business + case or a case under subchapter V of this chapter.''; and + (12) in section 1146(a), by inserting ``or 1191'' after + ``1129''. + (b) Title 28.--Title 28 United States Code, is amended-- + (1) in section 586-- + (A) in subsection (a)(3), by inserting ``(including + subchapter V of chapter 11)'' after ``7, 11''; + (B) in subsection (b), by inserting ``subchapter V + of chapter 11 or'' after ``cases under''; + (C) in subsection (d)(1), by inserting ``subchapter + V of chapter 11 or'' after ``cases under'' each place + that term appears; and + (D) in subsection (e)-- + (i) in paragraph (1), by inserting + ``subchapter V of chapter 11 or'' after ``cases + under''; + (ii) in paragraph (2), by inserting + ``subchapter V of chapter 11 or'' after ``cases + under'' each place that term appears; and + (iii) by adding at the end the following: + ``(5) In the event that the services of the trustee in a case under +subchapter V of chapter 11 of title 11 are terminated by dismissal or +conversion of the case, or upon substantial consummation of a plan +under section 1183(c)(1) of that title, the court shall award +compensation to the trustee consistent with services performed by the +trustee and the limits on the compensation of the trustee established +pursuant to paragraph (1) of this subsection.''; + (2) in section 589b-- + (A) in subsection (a)(1), by inserting ``subchapter + V of chapter 11 and'' after ``cases under''; and + (B) in subsection (d)-- + (i) in the matter preceding paragraph (1), + by inserting ``subchapter V of chapter 11 and'' + after ``trustees under''; and + (ii) in the undesignated matter following + paragraph (8), by inserting ``subchapter V of + chapter 11 and'' after ``cases under''; and + (3) in section 1930(a)(6)(A), by inserting ``, other than + under subchapter V,'' after ``chapter 11 of title 11''. + +SEC. 5. EFFECTIVE DATE. + + This Act and the amendments made by this Act shall take effect 180 +days after the date of enactment of this Act. + \ No newline at end of file From 64dae56dccc573133a246b9fb7714f922ec684c8 Mon Sep 17 00:00:00 2001 From: "Rep. Cline, Ben [R-VA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 332/984] House-3311: Engrossed in House --- bills_text/House-3311.txt | 54 ++++++++++++++++++++++++--------------- 1 file changed, 33 insertions(+), 21 deletions(-) diff --git a/bills_text/House-3311.txt b/bills_text/House-3311.txt index 71951ca..2ca0726 100644 --- a/bills_text/House-3311.txt +++ b/bills_text/House-3311.txt @@ -2,24 +2,9 @@ 1st Session H. R. 3311 - To amend chapter 11 of title 11, United States Code, to address - reorganization of small businesses, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 18, 2019 - -Mr. Cline (for himself, Mr. Cicilline, Mr. Collins of Georgia, and Mr. - Cohen) introduced the following bill; which was referred to the - Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -66,7 +51,7 @@ individual under section 586(b) of title 28 to serve as standing trustee in cases under this subchapter, and if such individual qualifies as a trustee under section 322 of this title, then that individual shall serve as trustee in any case under this subchapter. -Otherwise, the United States trustee shall appoint 1 disinterested +Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as trustee in the case, as necessary. ``(b) Duties.--The trustee shall-- @@ -409,7 +394,7 @@ subchapter V of chapter 11 shall apply.''; ``1163,''; (4) in section 326-- (A) in subsection (a), by inserting ``, other than - a case under subchapter V of chapter 11,'' after ``7 or + a case under subchapter V of chapter 11'' after ``7 or 11''; and (B) in subsection (b), by inserting ``subchapter V of chapter 11 or'' after ``In a case under''; @@ -426,7 +411,7 @@ subchapter V of chapter 11 shall apply.''; (7) in section 364(a), by inserting ``1183, 1184,'' after ``1108,''; (8) in section 523(a), in the matter preceding paragraph - (1), by inserting ``1192,'' after ``1141,''; + (1), by inserting ``1192'' after ``1141,''; (9) in section 524-- (A) in subsection (a)-- (i) in paragraph (1), by inserting @@ -451,7 +436,8 @@ subchapter V of chapter 11 shall apply.''; (A) in subsection (a)(3), by inserting ``(including subchapter V of chapter 11)'' after ``7, 11''; (B) in subsection (b), by inserting ``subchapter V - of chapter 11 or'' after ``cases under''; + of chapter 11 or'' after ``cases under'' the first + place it appears; (C) in subsection (d)(1), by inserting ``subchapter V of chapter 11 or'' after ``cases under'' each place that term appears; and @@ -487,4 +473,30 @@ SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act. - \ No newline at end of file + +SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives July 23, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3311 + +_______________________________________________________________________ + + AN ACT + + To amend chapter 11 of title 11, United States Code, to address + reorganization of small businesses, and for other purposes. From 487264372c480eae137e0d02ea46a81912c8e7b9 Mon Sep 17 00:00:00 2001 From: "Rep. Cline, Ben [R-VA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 333/984] House-3311: Received in Senate --- bills_text/House-3311.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-3311.txt b/bills_text/House-3311.txt index 2ca0726..e0ed561 100644 --- a/bills_text/House-3311.txt +++ b/bills_text/House-3311.txt @@ -2,6 +2,16 @@ 1st Session H. R. 3311 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 24, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -487,16 +497,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 1st Session - - H. R. 3311 - -_______________________________________________________________________ - - AN ACT - - To amend chapter 11 of title 11, United States Code, to address - reorganization of small businesses, and for other purposes. + Clerk. From 726d771073d25d70de01b26f57f33ef668df32ec Mon Sep 17 00:00:00 2001 From: "Rep. Cline, Ben [R-VA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 334/984] House-3311: Enrolled --- bills_text/House-3311.txt | 476 ++++++++++++++++++-------------------- 1 file changed, 222 insertions(+), 254 deletions(-) diff --git a/bills_text/House-3311.txt b/bills_text/House-3311.txt index e0ed561..8924a6f 100644 --- a/bills_text/House-3311.txt +++ b/bills_text/House-3311.txt @@ -1,36 +1,31 @@ -116th CONGRESS - 1st Session - H. R. 3311 + H.R.3311 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 24, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To amend chapter 11 of title 11, United States Code, to address - reorganization of small businesses, and for other purposes. + reorganization of small businesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Small Business Reorganization Act of 2019''. - SEC. 2. REORGANIZATION OF SMALL BUSINESS DEBTORS. - (a) In General.--Chapter 11 of title 11, United States Code, is amended by adding at the end the following: @@ -50,11 +45,10 @@ section 1191(b) of this title, section 1141(d) of this title shall not apply, except as provided in section 1192 of this title. ``Sec. 1182. Definitions ``In this subchapter: - ``(1) Debtor.--The term `debtor' means a small business - debtor. - ``(2) Debtor in possession.--The term `debtor in - possession' means the debtor, unless removed as debtor in - possession under section 1185(a) of this title. + ``(1) Debtor.--The term `debtor' means a small business debtor. + ``(2) Debtor in possession.--The term `debtor in possession' + means the debtor, unless removed as debtor in possession under + section 1185(a) of this title. ``Sec. 1183. Trustee ``(a) In General.--If the United States trustee has appointed an individual under section 586(b) of title 28 to serve as standing @@ -65,44 +59,41 @@ Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as trustee in the case, as necessary. ``(b) Duties.--The trustee shall-- - ``(1) perform the duties specified in paragraphs (2), (5), - (6), (7), and (9) of section 704(a) of this title; - ``(2) perform the duties specified in paragraphs (3), (4), - and (7) of section 1106(a) of this title, if the court, for - cause and on request of a party in interest, the trustee, or - the United States trustee, so orders; - ``(3) appear and be heard at the status conference under - section 1188 of this title and any hearing that concerns-- - ``(A) the value of property subject to a lien; - ``(B) confirmation of a plan filed under this - subchapter; - ``(C) modification of the plan after confirmation; - or - ``(D) the sale of property of the estate; - ``(4) ensure that the debtor commences making timely - payments required by a plan confirmed under this subchapter; - ``(5) if the debtor ceases to be a debtor in possession, - perform the duties specified in section 704(a)(8) and - paragraphs (1), (2), and (6) of section 1106(a) of this title, - including operating the business of the debtor; - ``(6) if there is a claim for a domestic support obligation - with respect to the debtor, perform the duties specified in - section 704(c) of this title; and - ``(7) facilitate the development of a consensual plan of - reorganization. + ``(1) perform the duties specified in paragraphs (2), (5), (6), + (7), and (9) of section 704(a) of this title; + ``(2) perform the duties specified in paragraphs (3), (4), and + (7) of section 1106(a) of this title, if the court, for cause and + on request of a party in interest, the trustee, or the United + States trustee, so orders; + ``(3) appear and be heard at the status conference under + section 1188 of this title and any hearing that concerns-- + ``(A) the value of property subject to a lien; + ``(B) confirmation of a plan filed under this subchapter; + ``(C) modification of the plan after confirmation; or + ``(D) the sale of property of the estate; + ``(4) ensure that the debtor commences making timely payments + required by a plan confirmed under this subchapter; + ``(5) if the debtor ceases to be a debtor in possession, + perform the duties specified in section 704(a)(8) and paragraphs + (1), (2), and (6) of section 1106(a) of this title, including + operating the business of the debtor; + ``(6) if there is a claim for a domestic support obligation + with respect to the debtor, perform the duties specified in section + 704(c) of this title; and + ``(7) facilitate the development of a consensual plan of + reorganization. ``(c) Termination of Trustee Service.-- - ``(1) In general.--If the plan of the debtor is confirmed - under section 1191(a) of this title, the service of the trustee - in the case shall terminate when the plan has been - substantially consummated, except that the United States - trustee may reappoint a trustee as needed for performance of - duties under subsection (b)(3)(C) of this section and section - 1185(a) of this title. - ``(2) Service of notice of substantial consummation.--Not - later than 14 days after the plan of the debtor is - substantially consummated, the debtor shall file with the court - and serve on the trustee, the United States trustee, and all - parties in interest notice of such substantial consummation. + ``(1) In general.--If the plan of the debtor is confirmed under + section 1191(a) of this title, the service of the trustee in the + case shall terminate when the plan has been substantially + consummated, except that the United States trustee may reappoint a + trustee as needed for performance of duties under subsection + (b)(3)(C) of this section and section 1185(a) of this title. + ``(2) Service of notice of substantial consummation.--Not later + than 14 days after the plan of the debtor is substantially + consummated, the debtor shall file with the court and serve on the + trustee, the United States trustee, and all parties in interest + notice of such substantial consummation. ``Sec. 1184. Rights and powers of a debtor in possession ``Subject to such limitations or conditions as the court may prescribe, a debtor in possession shall have all the rights, other than @@ -125,15 +116,14 @@ notice and a hearing, the court may reinstate the debtor in possession. ``(a) Inclusions.--If a plan is confirmed under section 1191(b) of this title, property of the estate includes, in addition to the property specified in section 541 of this title-- - ``(1) all property of the kind specified in that section - that the debtor acquires after the date of commencement of the - case but before the case is closed, dismissed, or converted to - a case under chapter 7, 12, or 13 of this title, whichever - occurs first; and - ``(2) earnings from services performed by the debtor after - the date of commencement of the case but before the case is - closed, dismissed, or converted to a case under chapter 7, 12, - or 13 of this title, whichever occurs first. + ``(1) all property of the kind specified in that section that + the debtor acquires after the date of commencement of the case but + before the case is closed, dismissed, or converted to a case under + chapter 7, 12, or 13 of this title, whichever occurs first; and + ``(2) earnings from services performed by the debtor after the + date of commencement of the case but before the case is closed, + dismissed, or converted to a case under chapter 7, 12, or 13 of + this title, whichever occurs first. ``(b) Debtor Remaining in Possession.--Except as provided in section 1185 of this title, a plan confirmed under this subchapter, or an order confirming a plan under this subchapter, the debtor shall @@ -173,26 +163,24 @@ attributable to circumstances for which the debtor should not justly be held accountable. ``Sec. 1190. Contents of plan ``A plan filed under this subchapter-- - ``(1) shall include-- - ``(A) a brief history of the business operations of - the debtor; - ``(B) a liquidation analysis; and - ``(C) projections with respect to the ability of - the debtor to make payments under the proposed plan of - reorganization; - ``(2) shall provide for the submission of all or such - portion of the future earnings or other future income of the - debtor to the supervision and control of the trustee as is - necessary for the execution of the plan; and - ``(3) notwithstanding section 1123(b)(5) of this title, may - modify the rights of the holder of a claim secured only by a - security interest in real property that is the principal - residence of the debtor if the new value received in connection - with the granting of the security interest was-- - ``(A) not used primarily to acquire the real - property; and - ``(B) used primarily in connection with the small - business of the debtor. + ``(1) shall include-- + ``(A) a brief history of the business operations of the + debtor; + ``(B) a liquidation analysis; and + ``(C) projections with respect to the ability of the debtor + to make payments under the proposed plan of reorganization; + ``(2) shall provide for the submission of all or such portion + of the future earnings or other future income of the debtor to the + supervision and control of the trustee as is necessary for the + execution of the plan; and + ``(3) notwithstanding section 1123(b)(5) of this title, may + modify the rights of the holder of a claim secured only by a + security interest in real property that is the principal residence + of the debtor if the new value received in connection with the + granting of the security interest was-- + ``(A) not used primarily to acquire the real property; and + ``(B) used primarily in connection with the small business + of the debtor. ``Sec. 1191. Confirmation of plan ``(a) Terms.--The court shall confirm a plan under this subchapter only if all of the requirements of section 1129(a), other than @@ -208,41 +196,38 @@ and has not accepted, the plan. ``(c) Rule of Construction.--For purposes of this section, the condition that a plan be fair and equitable with respect to each class of claims or interests includes the following requirements: - ``(1) With respect to a class of secured claims, the plan - meets the requirements of section 1129(b)(2)(A) of this title. - ``(2) As of the effective date of the plan-- - ``(A) the plan provides that all of the projected - disposable income of the debtor to be received in the - 3-year period, or such longer period not to exceed 5 - years as the court may fix, beginning on the date that - the first payment is due under the plan will be applied - to make payments under the plan; or - ``(B) the value of the property to be distributed - under the plan in the 3-year period, or such longer - period not to exceed 5 years as the court may fix, - beginning on the date on which the first distribution - is due under the plan is not less than the projected - disposable income of the debtor. - ``(3)(A)(i) The debtor will be able to make all payments - under the plan; or - ``(ii) there is a reasonable likelihood that the debtor - will be able to make all payments under the plan; and - ``(B) the plan provides appropriate remedies, which may - include the liquidation of nonexempt assets, to protect the - holders of claims or interests in the event that the payments - are not made. + ``(1) With respect to a class of secured claims, the plan meets + the requirements of section 1129(b)(2)(A) of this title. + ``(2) As of the effective date of the plan-- + ``(A) the plan provides that all of the projected + disposable income of the debtor to be received in the 3-year + period, or such longer period not to exceed 5 years as the + court may fix, beginning on the date that the first payment is + due under the plan will be applied to make payments under the + plan; or + ``(B) the value of the property to be distributed under the + plan in the 3-year period, or such longer period not to exceed + 5 years as the court may fix, beginning on the date on which + the first distribution is due under the plan is not less than + the projected disposable income of the debtor. + ``(3)(A)(i) The debtor will be able to make all payments under + the plan; or + ``(ii) there is a reasonable likelihood that the debtor will be + able to make all payments under the plan; and + ``(B) the plan provides appropriate remedies, which may include + the liquidation of nonexempt assets, to protect the holders of + claims or interests in the event that the payments are not made. ``(d) Disposable Income.--For purposes of this section, the term `disposable income' means the income that is received by the debtor and that is not reasonably necessary to be expended-- - ``(1) for-- - ``(A) the maintenance or support of the debtor or a - dependent of the debtor; or - ``(B) a domestic support obligation that first - becomes payable after the date of the filing of the - petition; or - ``(2) for the payment of expenditures necessary for the - continuation, preservation, or operation of the business of the - debtor. + ``(1) for-- + ``(A) the maintenance or support of the debtor or a + dependent of the debtor; or + ``(B) a domestic support obligation that first becomes + payable after the date of the filing of the petition; or + ``(2) for the payment of expenditures necessary for the + continuation, preservation, or operation of the business of the + debtor. ``(e) Special Rule.--Notwithstanding section 1129(a)(9)(A) of this title, a plan that provides for the payment through the plan of a claim of a kind specified in paragraph (2) or (3) of section 507(a) of this @@ -257,11 +242,10 @@ order for relief under this chapter, the court shall grant the debtor a discharge of all debts provided in section 1141(d)(1)(A) of this title, and all other debts allowed under section 503 of this title and provided for in the plan, except any debt-- - ``(1) on which the last payment is due after the first 3 - years of the plan, or such other time not to exceed 5 years - fixed by the court; or - ``(2) of the kind specified in section 523(a) of this - title. + ``(1) on which the last payment is due after the first 3 years + of the plan, or such other time not to exceed 5 years fixed by the + court; or + ``(2) of the kind specified in section 523(a) of this title. ``Sec. 1193. Modification of plan ``(a) Modification Before Confirmation.--The debtor may modify a plan at any time before confirmation, but may not modify the plan so @@ -301,12 +285,12 @@ confirmation or denial of confirmation of a plan. If a plan is confirmed, the trustee shall distribute any such payment in accordance with the plan. If a plan is not confirmed, the trustee shall return any such payments to the debtor after deducting-- - ``(1) any unpaid claim allowed under section 503(b) of this - title; - ``(2) any payment made for the purpose of providing - adequate protection of an interest in property due to the - holder of a secured claim; and - ``(3) any fee owing to the trustee. + ``(1) any unpaid claim allowed under section 503(b) of this + title; + ``(2) any payment made for the purpose of providing adequate + protection of an interest in property due to the holder of a + secured claim; and + ``(3) any fee owing to the trustee. ``(b) Other Plans.--If a plan is confirmed under section 1191(b) of this title, except as otherwise provided in the plan or in the order confirming the plan, the trustee shall make payments to creditors under @@ -324,7 +308,7 @@ that arose prior to commencement of the case.''. of chapter 11 of title 11, United States Code, is amended by adding at the end the following: - ``subchapter v--small business debtor reorganization + ``subchapter v--small business debtor reorganization ``1181. Inapplicability of other sections. ``1182. Definitions. @@ -341,9 +325,7 @@ the end the following: ``1193. Modification of plan. ``1194. Payments. ``1195. Transactions with professionals.''. - SEC. 3. PREFERENCES; VENUE OF CERTAIN PROCEEDINGS. - (a) Preferences.--Section 547(b) of title 11, United States Code, is amended by inserting ``, based on reasonable due diligence in the circumstances of the case and taking into account a party's known or @@ -352,113 +334,106 @@ reasonably knowable affirmative defenses under subsection (c),'' after (b) Venue of Certain Proceedings.--Section 1409(b) of title 28, United States Code, is amended by striking ``$10,000'' and inserting ``$25,000''. - SEC. 4. CONFORMING AMENDMENTS. - (a) Title 11.--Title 11, United States Code, is amended-- - (1) in section 101-- - (A) in paragraph (51C), by inserting ``and has not - elected that subchapter V of chapter 11 of this title - shall apply'' after ``is a small business debtor''; and - (B) in paragraph (51D)-- - (i) in subparagraph (A)-- - (I) by striking ``or operating real - property or activities incidental - thereto'' and inserting ``single asset - real estate''; and - (II) by striking ``for a case in - which'' and all that follows and - inserting ``not less than 50 percent of - which arose from the commercial or - business activities of the debtor; - and''; and - (ii) in subparagraph (B)-- - (I) by striking the period at the - end and inserting a semicolon; - (II) by striking ``does not include - any member'' and inserting the - following: ``does not include-- - ``(i) any member''; and - (III) by adding at the end the - following: - ``(ii) any debtor that is a corporation - subject to the reporting requirements under - section 13 or 15(d) of the Securities Exchange - Act of 1934 (15 U.S.C. 78m, 78o(d)); or - ``(iii) any corporation that-- - ``(I) is subject to the reporting - requirements under section 13 or 15(d) - of the Securities Exchange Act of 1934 - (15 U.S.C. 78m, 78o(d)); and - ``(II) is an affiliate of a - debtor.''; - (2) in section 103-- - (A) by redesignating subsections (i) through (k) as - subsections (j) through (l), respectively; and - (B) by inserting after subsection (h) the - following: + (1) in section 101-- + (A) in paragraph (51C), by inserting ``and has not elected + that subchapter V of chapter 11 of this title shall apply'' + after ``is a small business debtor''; and + (B) in paragraph (51D)-- + (i) in subparagraph (A)-- + + (I) by striking ``or operating real property or + activities incidental thereto'' and inserting ``single + asset real estate''; and + (II) by striking ``for a case in which'' and all + that follows and inserting ``not less than 50 percent + of which arose from the commercial or business + activities of the debtor; and''; and + + (ii) in subparagraph (B)-- + + (I) by striking the period at the end and inserting + a semicolon; + (II) by striking ``does not include any member'' + and inserting the following: ``does not include-- + + ``(i) any member''; and + + (III) by adding at the end the following: + + ``(ii) any debtor that is a corporation subject to the + reporting requirements under section 13 or 15(d) of the + Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); or + ``(iii) any corporation that-- + + ``(I) is subject to the reporting requirements + under section 13 or 15(d) of the Securities Exchange + Act of 1934 (15 U.S.C. 78m, 78o(d)); and + ``(II) is an affiliate of a debtor.''; + + (2) in section 103-- + (A) by redesignating subsections (i) through (k) as + subsections (j) through (l), respectively; and + (B) by inserting after subsection (h) the following: ``(i) Subchapter V of chapter 11 of this title applies only in a case under chapter 11 in which a small business debtor elects that subchapter V of chapter 11 shall apply.''; - (3) in section 322(a), by inserting ``1183,'' after - ``1163,''; - (4) in section 326-- - (A) in subsection (a), by inserting ``, other than - a case under subchapter V of chapter 11'' after ``7 or - 11''; and - (B) in subsection (b), by inserting ``subchapter V - of chapter 11 or'' after ``In a case under''; - (5) in section 347-- - (A) in subsection (a)-- - (i) by inserting ``1194,'' after ``726,''; - and - (ii) by inserting ``subchapter V of chapter - 11,'' after ``chapter 7,''; and - (B) in subsection (b), by inserting ``1194,'' after - ``1173,''; - (6) in section 363(c)(1), by inserting ``1183, 1184,'' - after ``1108,''; - (7) in section 364(a), by inserting ``1183, 1184,'' after - ``1108,''; - (8) in section 523(a), in the matter preceding paragraph - (1), by inserting ``1192'' after ``1141,''; - (9) in section 524-- - (A) in subsection (a)-- - (i) in paragraph (1), by inserting - ``1192,'' after ``1141,''; and - (ii) in paragraph (3), by inserting - ``1192,'' after ``523,''; - (B) in subsection (c)(1), by inserting ``1192,'' - after ``1141,''; and - (C) in subsection (d), by inserting ``1192,'' after - ``1141,''; - (10) in section 557(d)(3), by inserting ``1183,'' after - ``1104,''; - (11) in section 1102(a), by striking paragraph (3) and - inserting the following: - ``(3) Unless the court for cause orders otherwise, a - committee of creditors may not be appointed in a small business - case or a case under subchapter V of this chapter.''; and - (12) in section 1146(a), by inserting ``or 1191'' after - ``1129''. + (3) in section 322(a), by inserting ``1183,'' after ``1163,''; + (4) in section 326-- + (A) in subsection (a), by inserting ``, other than a case + under subchapter V of chapter 11'' after ``7 or 11''; and + (B) in subsection (b), by inserting ``subchapter V of + chapter 11 or'' after ``In a case under''; + (5) in section 347-- + (A) in subsection (a)-- + (i) by inserting ``1194,'' after ``726,''; and + (ii) by inserting ``subchapter V of chapter 11,'' after + ``chapter 7,''; and + (B) in subsection (b), by inserting ``1194,'' after + ``1173,''; + (6) in section 363(c)(1), by inserting ``1183, 1184,'' after + ``1108,''; + (7) in section 364(a), by inserting ``1183, 1184,'' after + ``1108,''; + (8) in section 523(a), in the matter preceding paragraph (1), + by inserting ``1192'' after ``1141,''; + (9) in section 524-- + (A) in subsection (a)-- + (i) in paragraph (1), by inserting ``1192,'' after + ``1141,''; and + (ii) in paragraph (3), by inserting ``1192,'' after + ``523,''; + (B) in subsection (c)(1), by inserting ``1192,'' after + ``1141,''; and + (C) in subsection (d), by inserting ``1192,'' after + ``1141,''; + (10) in section 557(d)(3), by inserting ``1183,'' after + ``1104,''; + (11) in section 1102(a), by striking paragraph (3) and + inserting the following: + ``(3) Unless the court for cause orders otherwise, a committee + of creditors may not be appointed in a small business case or a + case under subchapter V of this chapter.''; and + (12) in section 1146(a), by inserting ``or 1191'' after + ``1129''. (b) Title 28.--Title 28 United States Code, is amended-- - (1) in section 586-- - (A) in subsection (a)(3), by inserting ``(including - subchapter V of chapter 11)'' after ``7, 11''; - (B) in subsection (b), by inserting ``subchapter V - of chapter 11 or'' after ``cases under'' the first - place it appears; - (C) in subsection (d)(1), by inserting ``subchapter - V of chapter 11 or'' after ``cases under'' each place - that term appears; and - (D) in subsection (e)-- - (i) in paragraph (1), by inserting - ``subchapter V of chapter 11 or'' after ``cases - under''; - (ii) in paragraph (2), by inserting - ``subchapter V of chapter 11 or'' after ``cases - under'' each place that term appears; and - (iii) by adding at the end the following: + (1) in section 586-- + (A) in subsection (a)(3), by inserting ``(including + subchapter V of chapter 11)'' after ``7, 11''; + (B) in subsection (b), by inserting ``subchapter V of + chapter 11 or'' after ``cases under'' the first place it + appears; + (C) in subsection (d)(1), by inserting ``subchapter V of + chapter 11 or'' after ``cases under'' each place that term + appears; and + (D) in subsection (e)-- + (i) in paragraph (1), by inserting ``subchapter V of + chapter 11 or'' after ``cases under''; + (ii) in paragraph (2), by inserting ``subchapter V of + chapter 11 or'' after ``cases under'' each place that term + appears; and + (iii) by adding at the end the following: ``(5) In the event that the services of the trustee in a case under subchapter V of chapter 11 of title 11 are terminated by dismissal or conversion of the case, or upon substantial consummation of a plan @@ -466,26 +441,22 @@ under section 1183(c)(1) of that title, the court shall award compensation to the trustee consistent with services performed by the trustee and the limits on the compensation of the trustee established pursuant to paragraph (1) of this subsection.''; - (2) in section 589b-- - (A) in subsection (a)(1), by inserting ``subchapter - V of chapter 11 and'' after ``cases under''; and - (B) in subsection (d)-- - (i) in the matter preceding paragraph (1), - by inserting ``subchapter V of chapter 11 and'' - after ``trustees under''; and - (ii) in the undesignated matter following - paragraph (8), by inserting ``subchapter V of - chapter 11 and'' after ``cases under''; and - (3) in section 1930(a)(6)(A), by inserting ``, other than - under subchapter V,'' after ``chapter 11 of title 11''. - + (2) in section 589b-- + (A) in subsection (a)(1), by inserting ``subchapter V of + chapter 11 and'' after ``cases under''; and + (B) in subsection (d)-- + (i) in the matter preceding paragraph (1), by inserting + ``subchapter V of chapter 11 and'' after ``trustees + under''; and + (ii) in the undesignated matter following paragraph + (8), by inserting ``subchapter V of chapter 11 and'' after + ``cases under''; and + (3) in section 1930(a)(6)(A), by inserting ``, other than under + subchapter V,'' after ``chapter 11 of title 11''. SEC. 5. EFFECTIVE DATE. - This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act. - SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -493,10 +464,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives July 23, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 9a430cc6e63508e41222df4a0c10b0c35a62e7b7 Mon Sep 17 00:00:00 2001 From: "Rep. Gosar, Paul A. [R-AZ-4]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 335/984] House-3314: Introduced to House --- bills_text/House-3314.txt | 46 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 46 insertions(+) create mode 100644 bills_text/House-3314.txt diff --git a/bills_text/House-3314.txt b/bills_text/House-3314.txt new file mode 100644 index 0000000..28b22a3 --- /dev/null +++ b/bills_text/House-3314.txt @@ -0,0 +1,46 @@ +116th CONGRESS + 1st Session + H. R. 3314 + + To designate the facility of the United States Postal Service located +at 1750 McCulloch Boulevard North in Lake Havasu City, Arizona, as the + ``Lake Havasu City Combat Veterans Memorial Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 18, 2019 + +Mr. Gosar (for himself, Mr. O'Halleran, Mrs. Kirkpatrick, Mr. Grijalva, + Mr. Biggs, Mr. Schweikert, Mr. Gallego, Mrs. Lesko, and Mr. Stanton) + introduced the following bill; which was referred to the Committee on + Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 1750 McCulloch Boulevard North in Lake Havasu City, Arizona, as the + ``Lake Havasu City Combat Veterans Memorial Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. LAKE HAVASU CITY COMBAT VETERANS MEMORIAL POST OFFICE + BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 1750 McCulloch Boulevard North in Lake Havasu City, Arizona, +shall be known and designated as the ``Lake Havasu City Combat Veterans +Memorial Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Lake +Havasu City Combat Veterans Memorial Post Office Building''. + \ No newline at end of file From a817485d3a7322c81b6fab57ce385774966630d9 Mon Sep 17 00:00:00 2001 From: "Rep. Gosar, Paul A. [R-AZ-4]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 336/984] House-3314: Engrossed in House --- bills_text/House-3314.txt | 39 ++++++++++++++++++++------------------- 1 file changed, 20 insertions(+), 19 deletions(-) diff --git a/bills_text/House-3314.txt b/bills_text/House-3314.txt index 28b22a3..f7fd9d3 100644 --- a/bills_text/House-3314.txt +++ b/bills_text/House-3314.txt @@ -2,26 +2,9 @@ 1st Session H. R. 3314 - To designate the facility of the United States Postal Service located -at 1750 McCulloch Boulevard North in Lake Havasu City, Arizona, as the - ``Lake Havasu City Combat Veterans Memorial Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 18, 2019 - -Mr. Gosar (for himself, Mr. O'Halleran, Mrs. Kirkpatrick, Mr. Grijalva, - Mr. Biggs, Mr. Schweikert, Mr. Gallego, Mrs. Lesko, and Mr. Stanton) - introduced the following bill; which was referred to the Committee on - Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -43,4 +26,22 @@ Memorial Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lake Havasu City Combat Veterans Memorial Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3314 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 1750 McCulloch Boulevard North in Lake Havasu City, Arizona, as the + ``Lake Havasu City Combat Veterans Memorial Post Office Building''. From 3d2b151bb01870278da880b6abd4be0b6b8f4d58 Mon Sep 17 00:00:00 2001 From: "Rep. Gosar, Paul A. [R-AZ-4]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 337/984] House-3314: Enrolled --- bills_text/House-3314.txt | 49 +++++++++++++++++---------------------- 1 file changed, 21 insertions(+), 28 deletions(-) diff --git a/bills_text/House-3314.txt b/bills_text/House-3314.txt index f7fd9d3..41467cc 100644 --- a/bills_text/House-3314.txt +++ b/bills_text/House-3314.txt @@ -1,23 +1,30 @@ -116th CONGRESS - 1st Session - H. R. 3314 + H.R.3314 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located -at 1750 McCulloch Boulevard North in Lake Havasu City, Arizona, as the - ``Lake Havasu City Combat Veterans Memorial Post Office Building''. +To designate the facility of the United States Postal Service located at + 1750 McCulloch Boulevard North in Lake Havasu City, Arizona, as the + ``Lake Havasu City Combat Veterans Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. LAKE HAVASU CITY COMBAT VETERANS MEMORIAL POST OFFICE - BUILDING. - +BUILDING. (a) Designation.--The facility of the United States Postal Service located at 1750 McCulloch Boulevard North in Lake Havasu City, Arizona, shall be known and designated as the ``Lake Havasu City Combat Veterans @@ -27,21 +34,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lake Havasu City Combat Veterans Memorial Post Office Building''. - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3314 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 1750 McCulloch Boulevard North in Lake Havasu City, Arizona, as the - ``Lake Havasu City Combat Veterans Memorial Post Office Building''. + Vice President of the United States and + President of the Senate. From 066817c4099ae896860dfbb7822cb8c3e3a10b51 Mon Sep 17 00:00:00 2001 From: "Rep. Hill, J. French [R-AR-2]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 338/984] House-3317: Introduced to House --- bills_text/House-3317.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-3317.txt diff --git a/bills_text/House-3317.txt b/bills_text/House-3317.txt new file mode 100644 index 0000000..d76bdf0 --- /dev/null +++ b/bills_text/House-3317.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 3317 + +To permit the Scipio A. Jones Post Office in Little Rock, Arkansas, to + accept and display a portrait of Scipio A. Jones, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 18, 2019 + +Mr. Hill of Arkansas introduced the following bill; which was referred + to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + +To permit the Scipio A. Jones Post Office in Little Rock, Arkansas, to + accept and display a portrait of Scipio A. Jones, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SCIPIO A. JONES POST OFFICE PORTRAIT. + + (a) In General.--The postmaster of the Scipio A. Jones Post Office, +located at 1700 Main Street in Little Rock, Arkansas, may accept and +display, in the lobby of such Post Office, a painting, by artist Wade +Hampton, of a portrait of Scipio A. Jones. + (b) Costs; Gifts.--The United States Postal Service shall not be +responsible for any costs of carrying out subsection (a), including the +costs of displaying the painting. The postmaster referred to in such +subsection is authorized to accept on behalf of the Government the +painting and any services necessary to display the painting. + \ No newline at end of file From 949fe00ad12d37bad4f43612f52f816483d8e70f Mon Sep 17 00:00:00 2001 From: "Rep. Hill, J. French [R-AR-2]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 339/984] House-3317: Engrossed in House --- bills_text/House-3317.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-3317.txt b/bills_text/House-3317.txt index d76bdf0..51c150f 100644 --- a/bills_text/House-3317.txt +++ b/bills_text/House-3317.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3317 -To permit the Scipio A. Jones Post Office in Little Rock, Arkansas, to - accept and display a portrait of Scipio A. Jones, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 18, 2019 - -Mr. Hill of Arkansas introduced the following bill; which was referred - to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -41,4 +26,22 @@ responsible for any costs of carrying out subsection (a), including the costs of displaying the painting. The postmaster referred to in such subsection is authorized to accept on behalf of the Government the painting and any services necessary to display the painting. - \ No newline at end of file + + Passed the House of Representatives February 5, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3317 + +_______________________________________________________________________ + + AN ACT + +To permit the Scipio A. Jones Post Office in Little Rock, Arkansas, to + accept and display a portrait of Scipio A. Jones, and for other + purposes. From a7e8ae09e6ee8739ecef02cbc2f09c7b4c1ba4f0 Mon Sep 17 00:00:00 2001 From: "Rep. Hill, J. French [R-AR-2]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 340/984] House-3317: Enrolled --- bills_text/House-3317.txt | 45 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-3317.txt b/bills_text/House-3317.txt index 51c150f..d0cef53 100644 --- a/bills_text/House-3317.txt +++ b/bills_text/House-3317.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 3317 + H.R.3317 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To permit the Scipio A. Jones Post Office in Little Rock, Arkansas, to + To permit the Scipio A. Jones Post Office in Little Rock, Arkansas, to accept and display a portrait of Scipio A. Jones, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SCIPIO A. JONES POST OFFICE PORTRAIT. - (a) In General.--The postmaster of the Scipio A. Jones Post Office, located at 1700 Main Street in Little Rock, Arkansas, may accept and display, in the lobby of such Post Office, a painting, by artist Wade @@ -27,21 +34,7 @@ costs of displaying the painting. The postmaster referred to in such subsection is authorized to accept on behalf of the Government the painting and any services necessary to display the painting. - Passed the House of Representatives February 5, 2020. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3317 - -_______________________________________________________________________ - - AN ACT - -To permit the Scipio A. Jones Post Office in Little Rock, Arkansas, to - accept and display a portrait of Scipio A. Jones, and for other - purposes. + Vice President of the United States and + President of the Senate. From b379e0f684aeb4b9737dc650c320aeeed98b7f5a Mon Sep 17 00:00:00 2001 From: "Rep. Torres, Norma J. [D-CA-35]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 341/984] House-3329: Introduced to House --- bills_text/House-3329.txt | 54 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 54 insertions(+) create mode 100644 bills_text/House-3329.txt diff --git a/bills_text/House-3329.txt b/bills_text/House-3329.txt new file mode 100644 index 0000000..e6dda84 --- /dev/null +++ b/bills_text/House-3329.txt @@ -0,0 +1,54 @@ +116th CONGRESS + 1st Session + H. R. 3329 + + To designate the facility of the United States Postal Service located + at 5186 Benito Street in Montclair, California, as the ``Paul Eaton + Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 18, 2019 + + Mrs. Torres of California (for herself, Mr. Cardenas, Ms. Brownley of + California, Mr. Schiff, Mr. Cook, Mr. DeSaulnier, Mr. Vargas, Mrs. + Napolitano, Mr. Takano, Ms. Hill of California, Mr. Lowenthal, Mr. + Garamendi, Mr. Sherman, Mr. Hunter, Ms. Barragan, Mr. Correa, Ms. Lee + of California, Ms. Matsui, Mr. Rouda, Mr. Carbajal, Mr. Costa, Ms. + Speier, Mr. Thompson of California, Mr. Cox of California, Ms. Roybal- + Allard, Mr. Swalwell of California, Mr. Aguilar, Ms. Judy Chu of +California, Mr. Panetta, Mr. Khanna, Mr. Cisneros, Mr. Gomez, Ms. Bass, + Mr. Calvert, Mr. Ted Lieu of California, Ms. Eshoo, Mr. Bera, Mrs. + Davis of California, Mr. LaMalfa, Ms. Lofgren, Mr. Huffman, Ms. + Sanchez, Ms. Porter, Mr. Peters, Mr. Harder of California, Mr. + McNerney, Mr. McClintock, Ms. Waters, Mr. Levin of California, Mr. + Ruiz, Mr. McCarthy, and Ms. Pelosi) introduced the following bill; + which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 5186 Benito Street in Montclair, California, as the ``Paul Eaton + Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. PAUL EATON POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 5186 Benito Street in Montclair, California, shall be known +and designated as the ``Paul Eaton Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Paul Eaton +Post Office Building''. + \ No newline at end of file From a172bfbce080f495694d6245cc72444916e1492a Mon Sep 17 00:00:00 2001 From: "Rep. Torres, Norma J. [D-CA-35]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 342/984] House-3329: Engrossed in House --- bills_text/House-3329.txt | 49 ++++++++++++++++----------------------- 1 file changed, 20 insertions(+), 29 deletions(-) diff --git a/bills_text/House-3329.txt b/bills_text/House-3329.txt index e6dda84..af3a68f 100644 --- a/bills_text/House-3329.txt +++ b/bills_text/House-3329.txt @@ -2,36 +2,9 @@ 1st Session H. R. 3329 - To designate the facility of the United States Postal Service located - at 5186 Benito Street in Montclair, California, as the ``Paul Eaton - Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 18, 2019 - - Mrs. Torres of California (for herself, Mr. Cardenas, Ms. Brownley of - California, Mr. Schiff, Mr. Cook, Mr. DeSaulnier, Mr. Vargas, Mrs. - Napolitano, Mr. Takano, Ms. Hill of California, Mr. Lowenthal, Mr. - Garamendi, Mr. Sherman, Mr. Hunter, Ms. Barragan, Mr. Correa, Ms. Lee - of California, Ms. Matsui, Mr. Rouda, Mr. Carbajal, Mr. Costa, Ms. - Speier, Mr. Thompson of California, Mr. Cox of California, Ms. Roybal- - Allard, Mr. Swalwell of California, Mr. Aguilar, Ms. Judy Chu of -California, Mr. Panetta, Mr. Khanna, Mr. Cisneros, Mr. Gomez, Ms. Bass, - Mr. Calvert, Mr. Ted Lieu of California, Ms. Eshoo, Mr. Bera, Mrs. - Davis of California, Mr. LaMalfa, Ms. Lofgren, Mr. Huffman, Ms. - Sanchez, Ms. Porter, Mr. Peters, Mr. Harder of California, Mr. - McNerney, Mr. McClintock, Ms. Waters, Mr. Levin of California, Mr. - Ruiz, Mr. McCarthy, and Ms. Pelosi) introduced the following bill; - which was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -51,4 +24,22 @@ and designated as the ``Paul Eaton Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Paul Eaton Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3329 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 5186 Benito Street in Montclair, California, as the ``Paul Eaton + Post Office Building''. From f336bb54f3a45dfeb3d81f2d36393410c923b0d5 Mon Sep 17 00:00:00 2001 From: "Rep. Torres, Norma J. [D-CA-35]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 343/984] House-3329: Enrolled --- bills_text/House-3329.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-3329.txt b/bills_text/House-3329.txt index af3a68f..7139a33 100644 --- a/bills_text/House-3329.txt +++ b/bills_text/House-3329.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 3329 + H.R.3329 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 5186 Benito Street in Montclair, California, as the ``Paul Eaton - Post Office Building''. +To designate the facility of the United States Postal Service located at + 5186 Benito Street in Montclair, California, as the ``Paul Eaton Post + Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. PAUL EATON POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 5186 Benito Street in Montclair, California, shall be known and designated as the ``Paul Eaton Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Paul Eaton Post Office Building''. - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3329 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 5186 Benito Street in Montclair, California, as the ``Paul Eaton - Post Office Building''. + Vice President of the United States and + President of the Senate. From fd7c07f890ba160c7c01d5fdf239f1999c3b110a Mon Sep 17 00:00:00 2001 From: "Rep. Doggett, Lloyd [D-TX-35]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 344/984] House-3349: Introduced to House --- bills_text/House-3349.txt | 86 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 86 insertions(+) create mode 100644 bills_text/House-3349.txt diff --git a/bills_text/House-3349.txt b/bills_text/House-3349.txt new file mode 100644 index 0000000..944e315 --- /dev/null +++ b/bills_text/House-3349.txt @@ -0,0 +1,86 @@ +116th CONGRESS + 1st Session + H. R. 3349 + + To authorize the Daughters of the Republic of Texas to establish the + Republic of Texas Legation Memorial as a commemorative work in the + District of Columbia, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 19, 2019 + + Mr. Doggett introduced the following bill; which was referred to the + Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To authorize the Daughters of the Republic of Texas to establish the + Republic of Texas Legation Memorial as a commemorative work in the + District of Columbia, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Republic of Texas Legation Memorial +Act''. + +SEC. 2. DEFINITIONS. + + For the purposes of this Act: + (1) Association.--The term ``Association'' means the + Daughters of the Republic of Texas, a corporation organized + under the laws of the State of Texas and described in section + 501(c)(3) and exempt from taxation under section 501(a) of the + Internal Revenue Code of 1986. + (2) Memorial.--The term ``memorial'' means the Republic of + Texas Legation Memorial authorized to be established under + section 3. + +SEC. 3. MEMORIAL TO COMMEMORATE. + + (a) Authorization To Establish Commemorative Work.--The Association +may establish the Republic of Texas Legation Memorial as a +commemorative work, on Federal land in the District of Columbia to +commemorate and honor those who, as representatives of the Republic of +Texas, served in the District of Columbia as diplomats to the United +States and made possible the annexation of Texas as the twenty-eighth +State of the United States. + (b) Compliance With Standards for Commemorative Works Act.--The +establishment of the commemorative work shall be in accordance with +chapter 89 of title 40, United States Code (commonly known as the +``Commemorative Works Act''). + (c) Use of Federal Funds Prohibited.--Federal funds may not be used +to pay any expense of the establishment of the memorial. The +Association shall be solely responsible for acceptance of contributions +for, and payment of the expenses of, the establishment of the memorial. + (d) Deposit of Excess Funds.-- + (1) If upon payment of all expenses for the establishment + of the memorial (including the maintenance and preservation + amount required by section 8906(b)(1) of title 40, United + States Code), there remains a balance of funds received for the + establishment of the commemorative work, the Association shall + transmit the amount of the balance to the Secretary of the + Interior for deposit in the account provided for in section + 8906(b)(3) of title 40, United States Code. + (2) If upon expiration of the authority for the + commemorative work under section 8903(e) of title 40, United + States Code, there remains a balance of funds received for the + establishment of the commemorative work, the Association shall + transmit the balance to a separate account with the National + Park Foundation for memorials, to be available to the Secretary + of the Interior or the Administrator (as appropriate) following + the process provided in section 8906(b)(4) of title 40, United + States Code, for accounts established under section 8906(b)(2) + or (3) of title 40, United States Code. + \ No newline at end of file From a0b038f02ee00df22945ee6e9c694fca2f70b307 Mon Sep 17 00:00:00 2001 From: "Rep. Doggett, Lloyd [D-TX-35]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 345/984] House-3349: Engrossed in House --- bills_text/House-3349.txt | 136 ++++++++++++++++++++------------------ 1 file changed, 71 insertions(+), 65 deletions(-) diff --git a/bills_text/House-3349.txt b/bills_text/House-3349.txt index 944e315..a0be8ea 100644 --- a/bills_text/House-3349.txt +++ b/bills_text/House-3349.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3349 - To authorize the Daughters of the Republic of Texas to establish the - Republic of Texas Legation Memorial as a commemorative work in the - District of Columbia, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 19, 2019 - - Mr. Doggett introduced the following bill; which was referred to the - Committee on Natural Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -35,52 +20,73 @@ SECTION 1. SHORT TITLE. This Act may be cited as the ``Republic of Texas Legation Memorial Act''. -SEC. 2. DEFINITIONS. - - For the purposes of this Act: - (1) Association.--The term ``Association'' means the - Daughters of the Republic of Texas, a corporation organized - under the laws of the State of Texas and described in section - 501(c)(3) and exempt from taxation under section 501(a) of the - Internal Revenue Code of 1986. - (2) Memorial.--The term ``memorial'' means the Republic of - Texas Legation Memorial authorized to be established under - section 3. - -SEC. 3. MEMORIAL TO COMMEMORATE. - - (a) Authorization To Establish Commemorative Work.--The Association -may establish the Republic of Texas Legation Memorial as a -commemorative work, on Federal land in the District of Columbia to -commemorate and honor those who, as representatives of the Republic of -Texas, served in the District of Columbia as diplomats to the United -States and made possible the annexation of Texas as the twenty-eighth -State of the United States. - (b) Compliance With Standards for Commemorative Works Act.--The -establishment of the commemorative work shall be in accordance with -chapter 89 of title 40, United States Code (commonly known as the -``Commemorative Works Act''). - (c) Use of Federal Funds Prohibited.--Federal funds may not be used -to pay any expense of the establishment of the memorial. The -Association shall be solely responsible for acceptance of contributions -for, and payment of the expenses of, the establishment of the memorial. +SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. + + (a) In General.--The Daughters of the Republic of Texas may +establish a commemorative work on Federal land in the District of +Columbia and its environs to commemorate and honor those who, as +representatives of the Republic of Texas, served in the District of +Columbia as diplomats to the United States and made possible the +annexation of Texas as the twenty-eighth State of the United States. + (b) Compliance With Standards for Commemorative Works.--The +establishment of the commemorative work under this section shall be in +accordance with chapter 89 of title 40, United States Code (commonly +known as the ``Commemorative Works Act''). + (c) Prohibition on the Use of Federal Funds.-- + (1) In general.--Federal funds may not be used to pay any + expense of the establishment of the commemorative work under + this section. + (2) Responsibility of the daughters of the republic of + texas.--The Daughters of the Republic of Texas shall be solely + responsible for acceptance of contributions for, and payment of + the expenses of, the establishment of the commemorative work + under this section. (d) Deposit of Excess Funds.-- - (1) If upon payment of all expenses for the establishment - of the memorial (including the maintenance and preservation - amount required by section 8906(b)(1) of title 40, United - States Code), there remains a balance of funds received for the - establishment of the commemorative work, the Association shall - transmit the amount of the balance to the Secretary of the - Interior for deposit in the account provided for in section - 8906(b)(3) of title 40, United States Code. - (2) If upon expiration of the authority for the - commemorative work under section 8903(e) of title 40, United - States Code, there remains a balance of funds received for the - establishment of the commemorative work, the Association shall - transmit the balance to a separate account with the National - Park Foundation for memorials, to be available to the Secretary - of the Interior or the Administrator (as appropriate) following - the process provided in section 8906(b)(4) of title 40, United - States Code, for accounts established under section 8906(b)(2) - or (3) of title 40, United States Code. - \ No newline at end of file + (1) In general.--If upon payment of all expenses for the + establishment of the memorial (including the maintenance and + preservation amount required by section 8906(b)(1) of title 40, + United States Code), there remains a balance of funds received + for the establishment of the commemorative work, the Daughters + of the Republic of Texas shall transmit the amount of the + balance to the Secretary of the Interior for deposit in the + account provided for in section 8906(b)(3) of title 40, United + States Code. + (2) On expiration of authority.--If upon expiration of the + authority for the commemorative work under section 8903(e) of + title 40, United States Code, there remains a balance of funds + received for the establishment of the commemorative work, the + Daughters of the Republic of Texas shall transmit the balance + to a separate account with the National Park Foundation for + memorials, to be available to the Secretary of the Interior or + the Administrator (as appropriate) following the process + provided in section 8906(b)(4) of title 40, United States Code, + for accounts established under section 8906(b)(2) or (3) of + title 40, United States Code. + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 21, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3349 + +_______________________________________________________________________ + + AN ACT + + To authorize the Daughters of the Republic of Texas to establish the + Republic of Texas Legation Memorial as a commemorative work in the + District of Columbia, and for other purposes. From c61d906336f478312acaa0f6458116a32758fe7a Mon Sep 17 00:00:00 2001 From: "Rep. Doggett, Lloyd [D-TX-35]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 346/984] House-3349: Enrolled --- bills_text/House-3349.txt | 104 +++++++++++++++++--------------------- 1 file changed, 45 insertions(+), 59 deletions(-) diff --git a/bills_text/House-3349.txt b/bills_text/House-3349.txt index a0be8ea..81ea17c 100644 --- a/bills_text/House-3349.txt +++ b/bills_text/House-3349.txt @@ -1,27 +1,32 @@ -116th CONGRESS - 2d Session - H. R. 3349 + H.R.3349 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To authorize the Daughters of the Republic of Texas to establish the - Republic of Texas Legation Memorial as a commemorative work in the - District of Columbia, and for other purposes. + To authorize the Daughters of the Republic of Texas to establish the + Republic of Texas Legation Memorial as a commemorative work in the + District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Republic of Texas Legation Memorial Act''. - SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. - (a) In General.--The Daughters of the Republic of Texas may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate and honor those who, as @@ -33,38 +38,33 @@ establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on the Use of Federal Funds.-- - (1) In general.--Federal funds may not be used to pay any - expense of the establishment of the commemorative work under - this section. - (2) Responsibility of the daughters of the republic of - texas.--The Daughters of the Republic of Texas shall be solely - responsible for acceptance of contributions for, and payment of - the expenses of, the establishment of the commemorative work - under this section. + (1) In general.--Federal funds may not be used to pay any + expense of the establishment of the commemorative work under this + section. + (2) Responsibility of the daughters of the republic of texas.-- + The Daughters of the Republic of Texas shall be solely responsible + for acceptance of contributions for, and payment of the expenses + of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- - (1) In general.--If upon payment of all expenses for the - establishment of the memorial (including the maintenance and - preservation amount required by section 8906(b)(1) of title 40, - United States Code), there remains a balance of funds received - for the establishment of the commemorative work, the Daughters - of the Republic of Texas shall transmit the amount of the - balance to the Secretary of the Interior for deposit in the - account provided for in section 8906(b)(3) of title 40, United - States Code. - (2) On expiration of authority.--If upon expiration of the - authority for the commemorative work under section 8903(e) of - title 40, United States Code, there remains a balance of funds - received for the establishment of the commemorative work, the - Daughters of the Republic of Texas shall transmit the balance - to a separate account with the National Park Foundation for - memorials, to be available to the Secretary of the Interior or - the Administrator (as appropriate) following the process - provided in section 8906(b)(4) of title 40, United States Code, - for accounts established under section 8906(b)(2) or (3) of - title 40, United States Code. - + (1) In general.--If upon payment of all expenses for the + establishment of the memorial (including the maintenance and + preservation amount required by section 8906(b)(1) of title 40, + United States Code), there remains a balance of funds received for + the establishment of the commemorative work, the Daughters of the + Republic of Texas shall transmit the amount of the balance to the + Secretary of the Interior for deposit in the account provided for + in section 8906(b)(3) of title 40, United States Code. + (2) On expiration of authority.--If upon expiration of the + authority for the commemorative work under section 8903(e) of title + 40, United States Code, there remains a balance of funds received + for the establishment of the commemorative work, the Daughters of + the Republic of Texas shall transmit the balance to a separate + account with the National Park Foundation for memorials, to be + available to the Secretary of the Interior or the Administrator (as + appropriate) following the process provided in section 8906(b)(4) + of title 40, United States Code, for accounts established under + section 8906(b)(2) or (3) of title 40, United States Code. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -72,21 +72,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 21, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3349 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To authorize the Daughters of the Republic of Texas to establish the - Republic of Texas Legation Memorial as a commemorative work in the - District of Columbia, and for other purposes. + Vice President of the United States and + President of the Senate. From b29ced17a32d943349face6137362b561e1b691f Mon Sep 17 00:00:00 2001 From: "Rep. Harder, Josh [D-CA-10]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 347/984] House-3399: Introduced to House --- bills_text/House-3399.txt | 69 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 69 insertions(+) create mode 100644 bills_text/House-3399.txt diff --git a/bills_text/House-3399.txt b/bills_text/House-3399.txt new file mode 100644 index 0000000..78e8f28 --- /dev/null +++ b/bills_text/House-3399.txt @@ -0,0 +1,69 @@ +116th CONGRESS + 1st Session + H. R. 3399 + + To amend the Nutria Eradication and Control Act of 2003 to include + California in the program, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 21, 2019 + + Mr. Harder of California (for himself, Mr. Costa, Mr. Cox of +California, and Mr. Garamendi) introduced the following bill; which was + referred to the Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To amend the Nutria Eradication and Control Act of 2003 to include + California in the program, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. NUTRIA ERADICATION IN CALIFORNIA. + + The Nutria Eradication and Control Act of 2003 (Public Law 108-16) +is amended-- + (1) in section 2-- + (A) in subsection (a)-- + (i) in paragraph (2), by striking + ``Maryland and Louisiana'' and inserting + ``Maryland, Louisiana, and California''; and + (ii) in paragraph (3), by striking + ``Louisiana. Consequently, marsh loss is + accelerating.'' and inserting ``Louisiana and + California. Consequently, marsh loss, loss of + public and private wetlands, and loss of + agricultural lands are accelerating.''; and + (B) in subsection (b), by striking ``the State of + Maryland and the State of Louisiana'' and inserting + ``Maryland, Louisiana, and California''; and + (2) in section 3-- + (A) by amending subsection (a) to read as follows: + ``(a) Grant Authority.--The Secretary of the Interior (referred to +in this Act as the `Secretary'), subject to the availability of +appropriations, may provide financial assistance to Maryland, +Louisiana, and California for a program to implement measures to +eradicate or control nutria and restore marshland, public and private +wetlands, and agricultural lands damaged by nutria.''; + (B) by amending subsection (b) to read as follows: + ``(b) Goals.--The goals of the program shall be to-- + ``(1) eradicate nutria in Maryland and California; + ``(2) eradicate or control nutria in Louisiana; and + ``(3) restore marshland, public and private wetlands, and + agricultural lands damaged by nutria.''; and + (C) in subsection (f), by striking ``State of + Maryland'' and all that follows and inserting + ``Maryland program, $2,000,000 for the Louisiana + program, and $7,000,000 for the California program for + each of fiscal years 2020 through 2025.'' + \ No newline at end of file From 5eae7c3d46721fc313a85c7f33a659c02d84223f Mon Sep 17 00:00:00 2001 From: "Rep. Harder, Josh [D-CA-10]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 348/984] House-3399: Engrossed in House --- bills_text/House-3399.txt | 101 +++++++++++++++++++++----------------- 1 file changed, 56 insertions(+), 45 deletions(-) diff --git a/bills_text/House-3399.txt b/bills_text/House-3399.txt index 78e8f28..1023557 100644 --- a/bills_text/House-3399.txt +++ b/bills_text/House-3399.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3399 - To amend the Nutria Eradication and Control Act of 2003 to include - California in the program, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 21, 2019 - - Mr. Harder of California (for himself, Mr. Costa, Mr. Cox of -California, and Mr. Garamendi) introduced the following bill; which was - referred to the Committee on Natural Resources - -_______________________________________________________________________ - - A BILL + AN ACT @@ -29,41 +14,67 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, -SECTION 1. NUTRIA ERADICATION IN CALIFORNIA. +SECTION 1. NUTRIA ERADICATION. The Nutria Eradication and Control Act of 2003 (Public Law 108-16) is amended-- (1) in section 2-- (A) in subsection (a)-- - (i) in paragraph (2), by striking - ``Maryland and Louisiana'' and inserting - ``Maryland, Louisiana, and California''; and - (ii) in paragraph (3), by striking - ``Louisiana. Consequently, marsh loss is - accelerating.'' and inserting ``Louisiana and - California. Consequently, marsh loss, loss of - public and private wetlands, and loss of - agricultural lands are accelerating.''; and + (i) in paragraph (1), by striking + ``Wetlands and tidal marshes of the Chesapeake + Bay and in Louisiana'' and inserting + ``Wetlands, tidal marshes, and agricultural + lands''; + (ii) in paragraph (2), by striking ``in + Maryland and Louisiana''; and + (iii) by amending paragraph (3) to read as + follows: + ``(3) Traditional harvest methods to control or eradicate + nutria have failed. Consequently, marsh loss, loss of public + and private wetlands, and loss of agricultural lands are + accelerating.''; and (B) in subsection (b), by striking ``the State of Maryland and the State of Louisiana'' and inserting - ``Maryland, Louisiana, and California''; and + ``any State that has demonstrated the need''; and (2) in section 3-- (A) by amending subsection (a) to read as follows: ``(a) Grant Authority.--The Secretary of the Interior (referred to -in this Act as the `Secretary'), subject to the availability of -appropriations, may provide financial assistance to Maryland, -Louisiana, and California for a program to implement measures to -eradicate or control nutria and restore marshland, public and private -wetlands, and agricultural lands damaged by nutria.''; - (B) by amending subsection (b) to read as follows: - ``(b) Goals.--The goals of the program shall be to-- - ``(1) eradicate nutria in Maryland and California; - ``(2) eradicate or control nutria in Louisiana; and - ``(3) restore marshland, public and private wetlands, and - agricultural lands damaged by nutria.''; and - (C) in subsection (f), by striking ``State of - Maryland'' and all that follows and inserting - ``Maryland program, $2,000,000 for the Louisiana - program, and $7,000,000 for the California program for - each of fiscal years 2020 through 2025.'' - \ No newline at end of file +in this Act as the `Secretary'), may provide financial assistance to a +State, in an amount that is in proportion to the total impacted area of +such State affected by nutria, that has demonstrated to the Secretary +sufficient need for a program to implement measures to eradicate or +control nutria and restore marshland, public and private wetlands, and +agricultural lands damaged by nutria.''; + (B) by striking subsection (b); + (C) in subsection (d)-- + (i) in paragraph (1), by striking ``the + program may'' and inserting ``a State program + referred to in subsection (a) may''; and + (ii) in paragraph (2), by striking ``the + program may'' and inserting ``a State program + referred to in subsection (a) may''; + (D) in subsection (e), by inserting ``to a State'' + after ``provided''; + (E) in subsection (f), by striking ``$4,000,000'' + and all that follows and inserting ``$12,000,000 for + each of fiscal years 2021 through 2025.''; and + (F) by redesignating subsections (c) through (f) as + subsections (b) through (e). + + Passed the House of Representatives February 26, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3399 + +_______________________________________________________________________ + + AN ACT + + To amend the Nutria Eradication and Control Act of 2003 to include + California in the program, and for other purposes. From f8cdd4d20c4d22599fecbea244872f39f2961490 Mon Sep 17 00:00:00 2001 From: "Rep. Harder, Josh [D-CA-10]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 349/984] House-3399: Enrolled --- bills_text/House-3399.txt | 110 ++++++++++++++++++-------------------- 1 file changed, 51 insertions(+), 59 deletions(-) diff --git a/bills_text/House-3399.txt b/bills_text/House-3399.txt index 1023557..2ca868b 100644 --- a/bills_text/House-3399.txt +++ b/bills_text/House-3399.txt @@ -1,43 +1,48 @@ -116th CONGRESS - 2d Session - H. R. 3399 + H.R.3399 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend the Nutria Eradication and Control Act of 2003 to include + To amend the Nutria Eradication and Control Act of 2003 to include California in the program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. NUTRIA ERADICATION. - The Nutria Eradication and Control Act of 2003 (Public Law 108-16) is amended-- - (1) in section 2-- - (A) in subsection (a)-- - (i) in paragraph (1), by striking - ``Wetlands and tidal marshes of the Chesapeake - Bay and in Louisiana'' and inserting - ``Wetlands, tidal marshes, and agricultural - lands''; - (ii) in paragraph (2), by striking ``in - Maryland and Louisiana''; and - (iii) by amending paragraph (3) to read as - follows: - ``(3) Traditional harvest methods to control or eradicate - nutria have failed. Consequently, marsh loss, loss of public - and private wetlands, and loss of agricultural lands are - accelerating.''; and - (B) in subsection (b), by striking ``the State of - Maryland and the State of Louisiana'' and inserting - ``any State that has demonstrated the need''; and - (2) in section 3-- - (A) by amending subsection (a) to read as follows: + (1) in section 2-- + (A) in subsection (a)-- + (i) in paragraph (1), by striking ``Wetlands and tidal + marshes of the Chesapeake Bay and in Louisiana'' and + inserting ``Wetlands, tidal marshes, and agricultural + lands''; + (ii) in paragraph (2), by striking ``in Maryland and + Louisiana''; and + (iii) by amending paragraph (3) to read as follows: + ``(3) Traditional harvest methods to control or eradicate + nutria have failed. Consequently, marsh loss, loss of public and + private wetlands, and loss of agricultural lands are + accelerating.''; and + (B) in subsection (b), by striking ``the State of Maryland + and the State of Louisiana'' and inserting ``any State that has + demonstrated the need''; and + (2) in section 3-- + (A) by amending subsection (a) to read as follows: ``(a) Grant Authority.--The Secretary of the Interior (referred to in this Act as the `Secretary'), may provide financial assistance to a State, in an amount that is in proportion to the total impacted area of @@ -45,36 +50,23 @@ such State affected by nutria, that has demonstrated to the Secretary sufficient need for a program to implement measures to eradicate or control nutria and restore marshland, public and private wetlands, and agricultural lands damaged by nutria.''; - (B) by striking subsection (b); - (C) in subsection (d)-- - (i) in paragraph (1), by striking ``the - program may'' and inserting ``a State program - referred to in subsection (a) may''; and - (ii) in paragraph (2), by striking ``the - program may'' and inserting ``a State program - referred to in subsection (a) may''; - (D) in subsection (e), by inserting ``to a State'' - after ``provided''; - (E) in subsection (f), by striking ``$4,000,000'' - and all that follows and inserting ``$12,000,000 for - each of fiscal years 2021 through 2025.''; and - (F) by redesignating subsections (c) through (f) as - subsections (b) through (e). + (B) by striking subsection (b); + (C) in subsection (d)-- + (i) in paragraph (1), by striking ``the program may'' + and inserting ``a State program referred to in subsection + (a) may''; and + (ii) in paragraph (2), by striking ``the program may'' + and inserting ``a State program referred to in subsection + (a) may''; + (D) in subsection (e), by inserting ``to a State'' after + ``provided''; + (E) in subsection (f), by striking ``$4,000,000'' and all + that follows and inserting ``$12,000,000 for each of fiscal + years 2021 through 2025.''; and + (F) by redesignating subsections (c) through (f) as + subsections (b) through (e). - Passed the House of Representatives February 26, 2020. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3399 - -_______________________________________________________________________ - - AN ACT - - To amend the Nutria Eradication and Control Act of 2003 to include - California in the program, and for other purposes. + Vice President of the United States and + President of the Senate. From 4310ec587c4e0d55320fe2ac1efbca7a8e35f678 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 350/984] House-3401: Introduced to House --- bills_text/House-3401.txt | 607 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 607 insertions(+) create mode 100644 bills_text/House-3401.txt diff --git a/bills_text/House-3401.txt b/bills_text/House-3401.txt new file mode 100644 index 0000000..653ba34 --- /dev/null +++ b/bills_text/House-3401.txt @@ -0,0 +1,607 @@ +116th CONGRESS + 1st Session + H. R. 3401 + +Making emergency supplemental appropriations for the fiscal year ending + September 30, 2019, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 21, 2019 + + Mrs. Lowey introduced the following bill; which was referred to the + Committee on Appropriations, and in addition to the Committee on the + Budget, for a period to be subsequently determined by the Speaker, in + each case for consideration of such provisions as fall within the + jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + +Making emergency supplemental appropriations for the fiscal year ending + September 30, 2019, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, That the following +sums are appropriated, out of any money in the Treasury not otherwise +appropriated, for the fiscal year ending September 30, 2019, and for +other purposes, namely: + + TITLE I + + DEPARTMENT OF JUSTICE + + General Administration + + executive office for immigration review + + For an additional amount for ``Executive Office for Immigration +Review'', $15,000,000 to be used only for services and activities +provided by the Legal Orientation Program: Provided, That such amount +is designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + United States Marshals Service + + federal prisoner detention + + For an additional amount for ``Federal Prisoner Detention'', +$155,000,000 to be used only for the necessary expenses related to +United States prisoners in the custody of the United States Marshals +Service as authorized by section 4013 of title 18, United States Code: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE II + + DEPARTMENT OF HOMELAND SECURITY + + Security, Enforcement, and Border Protection + + U.S. Customs and Border Protection + + operations and support + + For an additional amount for ``Operations and Support'' for +necessary expenses to respond to the significant rise in aliens at the +southwest border and related activities, $1,217,931,000, to remain +available until September 30, 2020; of which $702,500,000 is for +migrant processing facilities; of which $92,000,000 is for consumables; +of which $19,950,000 is for medical assets and high risk support; of +which $8,000,000 is for Federal Protective Service support; of which +$35,000,000 is for transportation; of which $90,636,000 is for +temporary duty and overtime costs; of which $19,845,000 is for +reimbursements for temporary duty and overtime costs; and of which +$50,000,000 is for mission support data systems and analysis: Provided, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + procurement, construction, and improvements + + For an additional amount for ``Procurement, Construction, and +Improvements'' for migrant processing facilities, $85,000,000, to +remain available until September 30, 2023: Provided, That such amount +is designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + U.S. Immigration and Customs Enforcement + + operations and support + + For an additional amount for ``Operations and Support'' for +necessary expenses to respond to the significant rise in aliens at the +southwest border and related activities, $128,238,000; of which +$35,943,000 is for transportation of unaccompanied alien children; of +which $11,981,000 is for detainee transportation for medical needs, +court proceedings, or relocation to and from U.S. Customs and Border +Protection custody; of which $5,114,000 is for reimbursements for +overtime and temporary duty costs; of which $20,000,000 is for +alternatives to detention; of which $45,000,000 is for detainee medical +care; and of which $10,200,000 is for the Office of Professional +Responsibility for background investigations and facility inspections: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + Federal Emergency Management Agency + + federal assistance + + For an additional amount for ``Federal Assistance'', $60,000,000, +to remain available until September 30, 2020, for the emergency food +and shelter program under Title III of the McKinney-Vento Homeless +Assistance Act (42 U.S.C. 11331 et seq.) for the purposes of providing +assistance to aliens released from the custody of the Department of +Homeland Security: Provided, That notwithstanding Sections 315 and +316(b) of such Act, funds made available under this section shall be +disbursed by the Emergency Food and Shelter Program National Board not +later than 30 days after the date on which such funds becomes +available: Provided further, That the Emergency Food and Shelter +Program National Board shall distribute such funds only to +jurisdictions or local recipient organizations serving communities that +have experienced a significant influx of such aliens: Provided further, +That such funds may be used to reimburse such jurisdictions or local +recipient organizations for costs incurred in providing services to +such aliens on or after January 1, 2019: Provided further, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 201. Notwithstanding any other provision of law, funds made +available under each heading in this title shall only be used for the +purposes specifically described under that heading. + Sec. 202. Division A of the Consolidated Appropriations Act, 2019 +(Public Law 116-6) is amended by adding after section 540 the +following: + ``Sec. 541. (a) Section 831 of the Homeland Security Act of 2002 (6 +U.S.C. 391) shall be applied-- + ``(1) in subsection (a), by substituting `September 30, + 2019,' for `September 30, 2017,'; and + ``(2) in subsection (c)(1), by substituting `September 30, + 2019,' for `September 30, 2017'. + ``(b) The Secretary of Homeland Security, under the authority of +section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may +carry out prototype projects under section 2371b of title 10, United +States Code, and the Secretary shall perform the functions of the +Secretary of Defense as prescribed. + ``(c) The Secretary of Homeland Security under section 831 of the +Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition +of nontraditional government contractor as defined in section 2371b(e) +of title 10, United States Code.''. + Sec. 203. (a) The Secretary of the Department of Homeland Security +shall establish policies and distribute written personnel guidance, as +appropriate, not later than 60 days after the date of enactment of this +Act on the following: + (1) Providing private meeting space and video + teleconferencing access for individuals returned to Mexico + under the Migrant Protection Protocols to consult with legal + counsel, including prior to initial immigration court hearings. + (2) Efforts, in consultation with the Department of State, + to address the housing, transportation, and security needs of + such individuals. + (3) Efforts, in consultation with the Department of + Justice, to ensure that such individuals are briefed, in their + primary spoken language to the greatest extent possible, on + their legal rights and obligations prior to being returned to + Mexico. + (4) Efforts, in consultation with the Department of + Justice, to prioritize the immigration proceedings of such + individuals. + (5) The establishment of written policies defining + categories of vulnerable individuals who should not be so + returned. + (b) For purposes of this section, the term ``Migrant Protection +Protocols'' means the actions taken by the Secretary to implement the +memorandum dated January 25, 2019 entitled ``Policy Guidance for the +Implementation of the Migrant Protection Protocols''. + (c) The amounts provided by this section are designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + Sec. 204. None of the funds provided in this Act under ``U.S. +Customs and Border Protection--Operations and Support'' for facilities +shall be available until U.S. Customs and Border Protection establishes +policies (via directive, procedures, guidance, and/or memorandum) and +training programs to ensure that such facilities adhere to the National +Standards on Transport, Escort, Detention, and Search, published in +October of 2015: Provided, That not later than 90 days after the date +of enactment of this Act, U.S. Customs and Border Protection shall +provide a detailed report to the Committees on Appropriations of the +Senate and the House of Representatives, the Committee on the Judiciary +of the Senate, and the House Judiciary Committee regarding the +establishment and implementation of such policies and training +programs. + Sec. 205. No later than 30 days after the date of enactment of +this Act, the Secretary of Homeland Security shall provide a report on +the number of U.S. Customs and Border Protection Officers assigned to +Northern Border land ports of entry and temporarily assigned to the +ongoing humanitarian crisis: Provided, That the report shall outline +what resources and conditions would allow a return to northern border +staffing levels that are no less than the number committed in the June +12, 2018 Department of Homeland Security Northern Border Strategy: +Provided further, That the report shall include the number of officers +temporarily assigned to the southwest border in response to the ongoing +humanitarian crisis, the number of days the officers will be away from +their northern border assignment, the northern border ports from which +officers are being assigned to the southwest border, and efforts being +made to limit the impact on operations at each northern border land +port of entry where officers have been temporarily assigned to the +southwest border. + Sec. 206. None of the funds appropriated or otherwise made +available by this Act or division A of the Consolidated Appropriations +Act, 2019 (Public Law 116-6) for the Department of Homeland Security +may be used to relocate to the National Targeting Center the vetting of +Trusted Traveler Program applications and operations currently carried +out at existing locations unless specifically authorized by a statute +enacted after the date of enactment of this Act. + Sec. 207. (a) Of the additional amount provided under ``U.S. +Customs and Border Protection--Operations and Support'', $200,000,000 +is for a multi-agency, integrated, migrant processing center pilot +program for family units and unaccompanied alien children, including +the following: + (1) Ongoing assessment and treatment efforts for physical + or mental health conditions, including development of a support + plan and services for each member of a vulnerable population. + (2) Assessments of child protection and welfare needs. + (3) Food, shelter, hygiene services and supplies, clothing, + and activities appropriate for the non-penal, civil detention + of families. + (4) Personnel with appropriate training on caring for + families and vulnerable populations in a civil detention + environment. + (5) Free telephonic communication access, including support + for contacting family members. + (6) Direct access to legal orientation, legal + representation, and case management in private areas of the + center. + (7) Credible fear and reasonable fear interviews conducted + by U.S. Citizenship and Immigration Services asylum officers in + private areas of the center. + (8) Granting of asylum directly by U.S. Citizenship and + Immigration Services for manifestly well-founded or clearly + meritorious cases. + (9) For family units not found removable prior to departure + from the center-- + (A) release on own recognizance or placement in + alternatives to detention with case management; and + (B) coordinated transport to a respite shelter or + city of final destination. + (10) For family units found removable prior to departure + from the center, safe return planning support by an immigration + case manager, including a consular visit to assist with + reintegration. + (11) On-site operational support by non-governmental + organizations for the identification and protection of + vulnerable populations. + (b) The Secretary shall notify the Committees on Appropriations of +the Senate and the House of Representatives within 24 hours of any-- + (1) unaccompanied child placed in the pilot program whose + time in Department of Homeland Security custody exceeds 72 + hours; and + (2) family unit placed in the pilot program whose time in + such custody exceed exceeds 9 days. + (c) Prior to the obligation of the amount identified in subsection +(a), but not later than 30 days after the date of enactment of this +Act, the Secretary shall submit a plan for the implementation of the +pilot program to the Committees on Appropriations of the Senate and the +House of Representatives which shall include a definition of vulnerable +populations. + + TITLE III + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Administration for Children and Families + + refugee and entrant assistance + + (including transfer of funds) + + For an additional amount for ``Refugee and Entrant Assistance'' +$2,881,552,000, to be merged with and available for the same period as +funds appropriated in division B of Public Law 115-245 and made +available through fiscal year 2021 under this heading, and to be made +available for any purpose funded under such heading in such law: +Provided, That if any part of the reprogramming described in the +notification submitted by the Secretary of Health and Human Services +(the ``Secretary'') to the Committees on Appropriations of the House of +Representatives and the Senate on May 16, 2019, has been executed as of +the date of the enactment of this Act, such amounts provided by this +Act as are necessary shall be used to reverse such reprogramming: +Provided further, That of the amounts provided under this heading, the +amount allocated by the Secretary for costs of leases of property that +include facilities to be used as hard-sided dormitories for which the +Secretary intends to seek State licensure for the care of unaccompanied +alien children, and that are executed under authorities transferred to +the Director of the Office of Refugee Resettlement (ORR) under section +462 of the Homeland Security Act of 2002, shall remain available until +expended: Provided further, That ORR shall notify the Committees on +Appropriations of the House of Representatives and the Senate within 72 +hours of conducting a formal assessment of a facility for possible +lease or acquisition and within 7 days of any lease or acquisition of +real property: Provided further, That not less than $866,000,000 of the +amounts provided under this heading shall be used for the provision of +care in licensed shelters and for expanding the supply of shelters for +which State licensure will be sought, of which not less than +$27,000,000 shall be available for the purposes of adding shelter beds +in State-licensed facilities in response to funding opportunity HHS- +2017-ACF-ORR-ZU-1132, and of which not less than $185,000,000 shall be +available for expansion grants to add beds in State-licensed facilities +and open new State-licensed facilities, and for contract costs to +acquire, activate, and operate facilities that include small- and +medium-scale hard-sided facilities for which the Secretary intends to +seek State licensure in an effort to phase out the need for shelter +beds in unlicensed facilities: Provided further, That not less than +$100,000,000 of the amounts provided under this heading shall be used +for post-release services, child advocates, and legal services: +Provided further, That the amount made available for legal services in +the preceding proviso shall be made available for the same purposes for +which amounts were provided for such services in fiscal year 2017: +Provided further, That not less than $8,000,000 of the amounts provided +under this heading shall be used for the purposes of hiring additional +Federal Field Specialists and for increasing case management and case +coordination services, with the goal of more expeditiously placing +unaccompanied alien children with sponsors and reducing the length of +stay in ORR custody: Provided further, That not less than $1,000,000 of +amounts provided under this heading shall be used for the purposes of +hiring project officers and program monitor staff dedicated to pursuing +strategic improvements to the Unaccompanied Alien Children program and +for the development of a discharge rate improvement plan which shall be +submitted to the Committees on Appropriations of the House of +Representatives and the Senate within 120 days of the date of enactment +of this Act: Provided further, That of the amounts provided under this +heading, $5,000,000 shall be transferred to ``Office of the Secretary-- +Office of Inspector General'' and shall remain available until expended +for oversight of activities supported with funds appropriated under +this heading: Provided further, That none of the funds made available +under this heading may be transferred pursuant to the authority in +section 205 of division B of Public Law 115-245: Provided further, That +the amount provided under this heading is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 301. The Secretary of Health and Human Services (the +``Secretary'') shall prioritize use of community-based residential care +(including long-term and transitional foster care and small group +homes) and shelter care other than large-scale institutional shelter +facilities to house unaccompanied alien children in the custody of the +Department of Health and Human Services. The Secretary shall prioritize +State-licensed, hard-sided dormitories. + Sec. 302. Funds made available in this Act under the heading +``Department of Health and Human Services--Administration for Children +and Families--Refugee and Entrant Assistance'' shall remain available +for obligation only if the operational directives issued by the Office +of Refugee Resettlement between December 1, 2018, and June 15, 2019, to +accelerate the identification and approval of sponsors, remain in +effect. + Sec. 303. Funds made available in this Act under the heading +``Department of Health and Human Services--Administration for Children +and Families--Refugee and Entrant Assistance'' shall be subject to the +authorities and conditions of section 224 of division A of the +Consolidated Appropriations Act, 2019 (Public Law 116-6). + Sec. 304. None of the funds made available in this Act under the +heading ``Department of Health and Human Services--Administration for +Children and Families--Refugee and Entrant Assistance'' may be +obligated to a grantee or contractor to house unaccompanied alien +children (as such term is defined in section 462(g)(2) of the Homeland +Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not +State-licensed for the care of unaccompanied alien children, except in +the case that the Secretary of Health and Human Services (the +``Secretary'') determines that housing unaccompanied alien children in +such a facility is necessary on a temporary basis due to an influx of +such children or an emergency: Provided, That-- + (1) the terms of the grant or contract for the operations + of any such facility that remains in operation for more than + six consecutive months shall require compliance with-- + (A) the same requirements as licensed placements, + as listed in Exhibit 1 of the Flores Settlement + Agreement, regardless of the status of the underlying + settlement agreement; + (B) staffing ratios of 1 on-duty Youth Care Worker + for every 8 children or youth during waking hours, 1 + on-duty Youth Care Worker for every 16 children or + youth during sleeping hours, and clinician ratios to + children (including mental health providers) as + required in grantee cooperative agreements; and + (C) access provided to legal services; + (2) the Secretary may grant a 60-day waiver for a + contractor's or grantee's non-compliance with paragraph (1) if + the Secretary certifies and provides a report to Congress on + the contractor's or grantee's good-faith efforts and progress + towards compliance; + (3) not more than three consecutive waivers under paragraph + (2) may be granted to a contractor or grantee with respect to a + specific facility; + (4) ORR shall ensure full adherence to the monitoring + requirements set forth in section 5.5 of its Policies and + Procedures Guide as of June 15, 2019; + (5) for any such unlicensed facility in operation for more + than three consecutive months, ORR shall conduct a minimum of + one comprehensive monitoring visit during the first three + months of operation, with quarterly monitoring visits + thereafter; and + (6) not later than 60 days after the date of enactment of + this Act, ORR shall brief the Committees on Appropriations of + the House of Representatives and the Senate outlining the + requirements of ORR for influx facilities. + Sec. 305. In addition to the existing Congressional notification +requirements for formal site assessments of potential influx +facilities, the Secretary shall notify the Committees on Appropriations +of the House of Representatives and the Senate at least 15 days before +operationalizing an unlicensed facility, and shall (1) specify whether +the facility is hard-sided or soft-sided, and (2) provide analysis that +indicates that, in the absence of the influx facility, the likely +outcome is that unaccompanied alien children will remain in the custody +of the Department of Homeland Security for longer than 72 hours or that +unaccompanied alien children will be otherwise placed in danger. Within +60 days of bringing such a facility online, and monthly thereafter, the +Secretary shall provide to the Committees on Appropriations of the +House of Representatives and the Senate a report detailing the total +number of children in care at the facility, the average length of stay +and average length of care of children at the facility, and, for any +child that has been at the facility for more than 60 days, their length +of stay and reason for delay in release. + Sec. 306. (a) The Secretary shall ensure that, when feasible, no +unaccompanied alien child is at an unlicensed facility if the child is +not expected to be placed with a sponsor within 30 days. + (b) The Secretary shall ensure that no unaccompanied alien child is +at an unlicensed facility if the child-- + (1) is under the age of 13; + (2) does not speak English or Spanish as his or her + preferred language; + (3) has known special needs, behavioral health issues, or + medical issues that would be better served at an alternative + facility; + (4) is a pregnant or parenting teen; or + (5) would have a diminution of legal services as a result + of the transfer to such an unlicensed facility. + (c) ORR shall notify a child's attorney of record in advance of any +transfer, where applicable. + Sec. 307. None of the funds made available in this Act may be used +to prevent a United States Senator or Member of the House of +Representatives from entering, for the purpose of conducting oversight, +any facility in the United States used for the purpose of maintaining +custody of, or otherwise housing, unaccompanied alien children (as +defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 +U.S.C. 279(g)(2))): Provided, That nothing in this section shall be +construed to require such a Senator or Member to provide prior notice +of the intent to enter such a facility for such purpose. + Sec. 308. Not later than 14 days after the date of enactment of +this Act, and monthly thereafter, the Secretary of Health and Human +Services shall submit to the Committees on Appropriations of the House +of Representatives and the Senate, and make publicly available online, +a report with respect to children who were separated from their parents +or legal guardians by the Department of Homeland Security (DHS) +(regardless of whether or not such separation was pursuant to an option +selected by the children, parents, or guardians), subsequently +classified as unaccompanied alien children, and transferred to the care +and custody of ORR during the previous month. Each report shall contain +the following information: + (1) The number and ages of children so separated subsequent + to apprehension at or between ports of entry, to be reported by + sector where separation occurred. + (2) The documented cause of separation, as reported by DHS + when each child was referred. + Sec. 309. Not later than 30 days after the date of enactment of +this Act, the Secretary of Health and Human Services shall submit to +the Committees on Appropriations of the House of Representatives and +the Senate a detailed spend plan of anticipated uses of funds made +available in this account, including the following: a list of existing +grants and contracts for both permanent and influx facilities, +including their costs, capacity, and timelines; costs for expanding +capacity through the use of community-based residential care placements +(including long-term and transitional foster care and small group +homes) through new or modified grants and contracts; current and +planned efforts to expand small-scale shelters and available foster +care placements, including collaboration with state child welfare +providers; influx facilities being assessed for possible use; costs and +services to be provided for legal services, child advocates, and post +release services; program administration; and the average number of +weekly referrals and discharge rate assumed in the spend plan: +Provided, That such plan shall be updated to reflect changes and +expenditures and submitted to the Committees on Appropriations of the +House of Representatives and the Senate every 60 days until all funds +are expended or expire. + Sec. 310. The Office of Refugee Resettlement shall ensure that its +grantees are aware of current law regarding the use of information +collected as part of the sponsor vetting process. + Sec. 311. The Secretary is directed to report the death of any +unaccompanied alien child in Office of Refugee Resettlement (ORR) +custody or in the custody of any grantee on behalf of ORR within 24 +hours, including relevant details regarding the circumstances of the +fatality, to the Committees on Appropriations of the House of +Representatives and the Senate. + Sec. 312. Notwithstanding any other provision of law, funds made +available in this Act under the heading ``Department of Health and +Human Services--Administration for Children and Families--Refugee and +Entrant Assistance'' shall only be used for the purposes specifically +described under that heading. + + TITLE IV + + GENERAL PROVISIONS--THIS ACT + + Sec. 401. (a) Fiscal Year 2017.--Funds made available by the +Department of State, Foreign Operations, and Related Programs +Appropriations Act, 2017 (division J of Public Law 115-31) that were +initially obligated for assistance for El Salvador, Guatemala, and +Honduras may not be reprogrammed after the date of enactment of this +Act for assistance for a country other than for which such funds were +initially obligated: Provided, That if the Secretary of State suspends +assistance for the central government of El Salvador, Guatemala, or +Honduras pursuant to section 7045(a)(5) of such Act, not less than 75 +percent of the funds for such central government shall be reprogrammed +for assistance through nongovernmental organizations or local +government entities in such country: Provided further, That the balance +of such funds shall only be reprogrammed for assistance for countries +in the Western Hemisphere. + (b) Fiscal Year 2018.--Section 7045(a) of the Department of State, +Foreign Operations, and Related Programs Appropriations Act, 2018 +(division K of Public Law 115-141) is amended by striking paragraph +(4)(D) and inserting in lieu of paragraph (1) the following paragraph: + ``(1) Funding.--Subject to the requirements of this + subsection, of the funds appropriated under titles III and IV + of this Act, not less than $615,000,000 shall be made available + for assistance for countries in Central America, of which not + less than $452,000,000 shall be for assistance for El Salvador, + Guatemala, and Honduras to implement the United States Strategy + for Engagement in Central America (the Strategy): Provided, + That such amounts shall be made available notwithstanding any + provision of law permitting deviations below such amounts: + Provided further, That if the Secretary of State cannot make + the certifications under paragraph (3), or makes a + determination under paragraph (4)(A) or (4)(C) that the central + government of El Salvador, Guatemala, or Honduras is not + meeting the requirements of this subsection, not less than 75 + percent of the funds for such central government shall be + reprogrammed for assistance through nongovernmental + organizations or local government entities in such country: + Provided further, That the balance of such funds shall only be + reprogrammed for assistance for countries in the Western + Hemisphere.''. + (c) Fiscal Year 2019.--Section 7045(a) of the Department of State, +Foreign Operations, and Related Programs Appropriations Act, 2019 +(division F of Public Law 116-6) is amended by striking paragraph +(2)(C) and inserting at the end, between paragraph (4)(B) and +subsection (b), the following new paragraph: + ``(5) Funding.--Subject to the requirements of this + subsection, of the funds appropriated under titles III and IV + of this Act, not less than $540,850,000 shall be made available + for assistance for countries in Central America, of which not + less than $452,000,000 shall be made available for assistance + for El Salvador, Guatemala, and Honduras to implement the + United States Strategy for Engagement in Central America: + Provided, That such amounts shall be made available + notwithstanding any provision of law permitting deviations + below such amounts: Provided further, That if the Secretary of + State cannot make the certification under paragraph (1), or + makes a determination under paragraph (2) that the central + government of El Salvador, Guatemala, or Honduras is not + meeting the requirements of this subsection, not less than 75 + percent of the funds for such central government shall be + reprogrammed for assistance through nongovernmental + organizations or local government entities in such country: + Provided further, That the balance of such funds shall only be + reprogrammed for assistance for countries in the Western + Hemisphere.''. + Sec. 402. Each amount appropriated or made available by this Act +is in addition to amounts otherwise appropriated for the fiscal year +involved. + Sec. 403. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 404. Unless otherwise provided for by this Act, the +additional amounts appropriated by this Act to appropriations accounts +shall be available under the authorities and conditions applicable to +such appropriations accounts for fiscal year 2019. + Sec. 405. Each amount designated in this Act by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985 shall +be available (or rescinded or transferred, if applicable) only if the +President subsequently so designates all such amounts and transmits +such designations to the Congress. + Sec. 406. Any amount appropriated by this Act, designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985 and subsequently so designated by the President, and +transferred pursuant to transfer authorities provided by this Act shall +retain such designation. + This Act may be cited as the ``Emergency Supplemental +Appropriations for Humanitarian Assistance and Security at the Southern +Border Act, 2019''. + \ No newline at end of file From e19219e050dc6a3c1f431d598e8eeba3dd8a2376 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 351/984] House-3401: Engrossed in House --- bills_text/House-3401.txt | 184 +++++++++++++++++++++++++++++++------- 1 file changed, 151 insertions(+), 33 deletions(-) diff --git a/bills_text/House-3401.txt b/bills_text/House-3401.txt index 653ba34..8bb325a 100644 --- a/bills_text/House-3401.txt +++ b/bills_text/House-3401.txt @@ -2,26 +2,9 @@ 1st Session H. R. 3401 -Making emergency supplemental appropriations for the fiscal year ending - September 30, 2019, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 21, 2019 - - Mrs. Lowey introduced the following bill; which was referred to the - Committee on Appropriations, and in addition to the Committee on the - Budget, for a period to be subsequently determined by the Speaker, in - each case for consideration of such provisions as fall within the - jurisdiction of the committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -31,8 +14,13 @@ Making emergency supplemental appropriations for the fiscal year ending Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise -appropriated, for the fiscal year ending September 30, 2019, and for -other purposes, namely: +appropriated, + + + + + for the fiscal year ending September 30, 2019, and for other purposes, +namely: TITLE I @@ -43,11 +31,13 @@ other purposes, namely: executive office for immigration review For an additional amount for ``Executive Office for Immigration -Review'', $15,000,000 to be used only for services and activities -provided by the Legal Orientation Program: Provided, That such amount -is designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985. +Review'', $17,000,000 to be used only for services and activities +provided by the Legal Access Programs, of which not less than +$2,000,000 shall be for the continued operation of the Immigration +Court Helpdesk Program: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. United States Marshals Service @@ -279,6 +269,33 @@ Act, the Secretary shall submit a plan for the implementation of the pilot program to the Committees on Appropriations of the Senate and the House of Representatives which shall include a definition of vulnerable populations. + Sec. 208. Not later than 30 days after the date of enactment of +this Act, the Secretary of Homeland Security shall establish final +plans, standards, and protocols to protect the health and safety of +individuals in the custody of U.S. Customs and Border Protection, which +shall include-- + (1) standards and response protocols for medical + assessments and medical emergencies; + (2) requirements for ensuring the provision of water, + appropriate nutrition, hygiene, and sanitation needs; + (3) standards for temporary holding facilities that adhere + to best practices for the care of children, which shall be in + compliance with the relevant recommendations in the Policy + Statement of the American Academy of Pediatrics entitled, + ``Detention of Immigrant Children''; + (4) protocols for responding to surges of migrants crossing + the southern border or arriving at land ports of entry; and + (5) required training for all Federal and contract + personnel who interact with migrants on the care and treatment + of individuals in civil detention. + Sec. 209. Not later than 120 days after the date of enactment of +this Act, the Secretary of Homeland Security shall submit to the House +of Representatives and the Senate a plan for ensuring access to +appropriate translation services for all individuals encountered by +U.S. Customs and Border Protection, U.S. Immigration and Customs +Enforcement, and U.S. Citizenship and Immigration Services, including +an estimate of related resource requirements and the feasibility and +potential benefit of these components jointly procuring such services. TITLE III @@ -403,22 +420,84 @@ such children or an emergency: Provided, That-- contractor's or grantee's non-compliance with paragraph (1) if the Secretary certifies and provides a report to Congress on the contractor's or grantee's good-faith efforts and progress - towards compliance; - (3) not more than three consecutive waivers under paragraph + towards compliance and the report specifies each requirement + referenced in paragraph (1) that is being waived for 60 days; + (3) the Secretary shall not waive requirements for grantees + or contractors to provide or arrange for the following + services-- + (A) proper physical care and maintenance, including + suitable living accommodations, food, appropriate + clothing, and personal grooming items; + (B) a complete medical examination (including + screening for infectious diseases) within 48 hours of + admission, unless the minor was recently examined at + another facility; + (C) appropriate routine medical and dental care; + (D) at least one individual counseling session per + week conducted by trained social work staff with the + specific objectives of reviewing a minor's progress, + establishing new short term objectives, and addressing + both the developmental and crisis-related needs of each + minor; + (E) educational services appropriate to the minor's + level of development, and communication skills in a + structured classroom setting, Monday through Friday, + which concentrates primarily on the development of + basic academic competencies and secondarily on English + Language Training; + (F) activities according to a leisure time plan + which shall include daily outdoor activity, weather + permitting, at least one hour per day of large muscle + activity and one hour per day of structured leisure + time activities (this should not include time spent + watching television). Activities should be increased to + three hours on days when school is not in session; + (G) whenever possible, access to religious services + of the minor's choice; + (H) visitation and contact with family members + (regardless of their immigration status) which is + structured to encourage such visitation. The staff + shall respect the minor's privacy while reasonably + preventing the unauthorized release of the minor; + (I) family reunification services designed to + identify relatives in the United States as well as in + foreign countries and assistance in obtaining legal + guardianship when necessary for the release of the + minor; and + (J) legal services information regarding the + availability of free legal assistance, the right to be + represented by counsel at no expense to the government, + the right to a deportation or exclusion hearing before + an immigration judge, the right to apply for political + asylum or to request voluntary departure in lieu of + deportation; + (4) if the Secretary determines that a contractor or + grantee is not in compliance with any of the requirements set + forth in paragraph (3), the Secretary shall not permit such + contractor or grantee to continue to provide services beyond a + reasonable period, not to exceed 60 days, needed to award a + contract or grant to a new service provider, and the incumbent + contractor or grantee shall not be eligible to compete for the + new contract or grant; + (5) not more than three consecutive waivers under paragraph (2) may be granted to a contractor or grantee with respect to a specific facility; - (4) ORR shall ensure full adherence to the monitoring + (6) ORR shall ensure full adherence to the monitoring requirements set forth in section 5.5 of its Policies and Procedures Guide as of June 15, 2019; - (5) for any such unlicensed facility in operation for more + (7) for any such unlicensed facility in operation for more than three consecutive months, ORR shall conduct a minimum of one comprehensive monitoring visit during the first three months of operation, with quarterly monitoring visits - thereafter; and - (6) not later than 60 days after the date of enactment of + thereafter; + (8) not later than 60 days after the date of enactment of this Act, ORR shall brief the Committees on Appropriations of the House of Representatives and the Senate outlining the - requirements of ORR for influx facilities. + requirements of ORR for influx facilities; and + (9) the amounts provided by this section are designated by + the Congress as being for an emergency requirement pursuant to + section 251(b)(2)(A)(i) of the Balanced Budget and Emergency + Deficit Control Act of 1985. Sec. 305. In addition to the existing Congressional notification requirements for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations @@ -511,6 +590,28 @@ available in this Act under the heading ``Department of Health and Human Services--Administration for Children and Families--Refugee and Entrant Assistance'' shall only be used for the purposes specifically described under that heading. + Sec. 313. (a) The Secretary of Health and Human Services shall +ensure that no unaccompanied alien child (as defined in section +462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) +spends more than 90 days, in the aggregate, at an unlicensed facility. + (b) Not later than 45 days after the date of enactment of this Act, +the Secretary shall ensure transfer to a State-licensed facility for +any unaccompanied alien child who has been at an unlicensed facility +for longer than 90 days. + (c) Subsections (a) and (b) shall not apply to an unaccompanied +alien child when the Secretary determines that a potential sponsor had +been identified and the unaccompanied alien child is expected to be +placed with the sponsor within 30 days. + (d) Notwithstanding subsections (a) and (b), if the Secretary +determines there is insufficient space available at State-licensed +facilities to transfer an unaccompanied alien child who has been at an +unlicensed facility for longer than 90 days, the Secretary shall submit +a written justification to the Committees on Appropriations of the +House of Representatives and the Senate, and shall submit a summary +every two weeks, disaggregated by influx facility, on the number of +unaccompanied alien children at each influx facility longer than 90 +days, with a summary of both the status of placement and the transfer +efforts for all children who have been in care for longer than 90 days. TITLE IV @@ -604,4 +705,21 @@ retain such designation. This Act may be cited as the ``Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019''. - \ No newline at end of file + + Passed the House of Representatives June 25, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3401 + +_______________________________________________________________________ + + AN ACT + +Making emergency supplemental appropriations for the fiscal year ending + September 30, 2019, and for other purposes. From 63f71a4130cf6fa5cb16412139e0352267e6156a Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 352/984] House-3401: Received in Senate --- bills_text/House-3401.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-3401.txt b/bills_text/House-3401.txt index 8bb325a..89891cb 100644 --- a/bills_text/House-3401.txt +++ b/bills_text/House-3401.txt @@ -2,6 +2,16 @@ 1st Session H. R. 3401 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 26, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -710,16 +720,6 @@ Border Act, 2019''. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 1st Session - - H. R. 3401 - -_______________________________________________________________________ - - AN ACT - -Making emergency supplemental appropriations for the fiscal year ending - September 30, 2019, and for other purposes. + Clerk. From db23ca6a52fa9455a540a7a6841ae5fd05bb91dc Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 353/984] House-3401: Enrolled --- bills_text/House-3401.txt | 905 +++++++++++++++----------------------- 1 file changed, 352 insertions(+), 553 deletions(-) diff --git a/bills_text/House-3401.txt b/bills_text/House-3401.txt index 89891cb..5c1d2e5 100644 --- a/bills_text/House-3401.txt +++ b/bills_text/House-3401.txt @@ -1,36 +1,30 @@ -116th CONGRESS - 1st Session - H. R. 3401 + H.R.3401 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - June 26, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act Making emergency supplemental appropriations for the fiscal year ending - September 30, 2019, and for other purposes. + September 30, 2019, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise -appropriated, - - - - - for the fiscal year ending September 30, 2019, and for other purposes, -namely: +appropriated, for the fiscal year ending September 30, 2019, and for +other purposes, namely: TITLE I @@ -41,31 +35,79 @@ namely: executive office for immigration review For an additional amount for ``Executive Office for Immigration -Review'', $17,000,000 to be used only for services and activities -provided by the Legal Access Programs, of which not less than -$2,000,000 shall be for the continued operation of the Immigration -Court Helpdesk Program: Provided, That such amount is designated by -the Congress as being for an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985. +Review'', $65,000,000, of which $45,000,000 shall be for the hiring of +30 additional Immigration Judge Teams, of which $10,000,000 shall be +used for the purchase or lease of immigration judge courtroom space and +equipment, and of which $10,000,000 shall be used only for services and +activities provided by the Legal Orientation Program: Provided, That +Immigration Judge Teams shall include appropriate attorneys, law +clerks, paralegals, court administrators, and other support staff: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. United States Marshals Service federal prisoner detention - For an additional amount for ``Federal Prisoner Detention'', -$155,000,000 to be used only for the necessary expenses related to -United States prisoners in the custody of the United States Marshals -Service as authorized by section 4013 of title 18, United States Code: -Provided, That such amount is designated by the Congress as being for -an emergency requirement pursuant to section 251(b)(2)(A)(i) of the -Balanced Budget and Emergency Deficit Control Act of 1985. + For an additional amount for ``Federal Prisoner Detention'', for +necessary expenses related to United States prisoners in the custody of +the United States Marshals Service, to be used only as authorized by +section 4013 of title 18, United States Code, $155,000,000, to remain +available until expended: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. TITLE II - DEPARTMENT OF HOMELAND SECURITY + DEPARTMENT OF DEFENSE + + Operation and Maintenance + + operation and maintenance, army + + For an additional amount for ``Operation and Maintenance, Army'', +$92,800,000, for necessary expenses to respond to the significant rise +in unaccompanied minors and family unit aliens at the southwest border +and related activities: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + operation and maintenance, marine corps + + For an additional amount for ``Operation and Maintenance, Marine +Corps'', $13,025,000, for necessary expenses to respond to the +significant rise in unaccompanied minors and family unit aliens at the +southwest border and related activities: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + operation and maintenance, air force + + For an additional amount for ``Operation and Maintenance, Air +Force'', $18,000,000, for necessary expenses to respond to the +significant rise in unaccompanied minors and family unit aliens at the +southwest border and related activities: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. - Security, Enforcement, and Border Protection + operation and maintenance, army national guard + + For an additional amount for ``Operation and Maintenance, Army +National Guard'', $21,024,000, for necessary expenses to respond to the +significant rise in unaccompanied minors and family unit aliens at the +southwest border and related activities: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + TITLE III + + DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection @@ -73,27 +115,26 @@ Balanced Budget and Emergency Deficit Control Act of 1985. For an additional amount for ``Operations and Support'' for necessary expenses to respond to the significant rise in aliens at the -southwest border and related activities, $1,217,931,000, to remain -available until September 30, 2020; of which $702,500,000 is for -migrant processing facilities; of which $92,000,000 is for consumables; -of which $19,950,000 is for medical assets and high risk support; of -which $8,000,000 is for Federal Protective Service support; of which -$35,000,000 is for transportation; of which $90,636,000 is for -temporary duty and overtime costs; of which $19,845,000 is for -reimbursements for temporary duty and overtime costs; and of which -$50,000,000 is for mission support data systems and analysis: Provided, -That such amount is designated by the Congress as being for an -emergency requirement pursuant to section 251(b)(2)(A)(i) of the -Balanced Budget and Emergency Deficit Control Act of 1985. +southwest border and related activities, $1,015,431,000; of which +$819,950,000 shall be available until September 30, 2020: Provided, +That of the amounts provided under this heading, $708,000,000 is for +establishing and operating migrant care and processing facilities, +$111,950,000 is for consumables and medical care, $35,000,000 is for +transportation, $110,481,000 is for temporary duty and overtime costs +including reimbursements, and $50,000,000 is for mission support data +systems and analysis: Provided further, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. procurement, construction, and improvements For an additional amount for ``Procurement, Construction, and -Improvements'' for migrant processing facilities, $85,000,000, to -remain available until September 30, 2023: Provided, That such amount -is designated by the Congress as being for an emergency requirement -pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and -Emergency Deficit Control Act of 1985. +Improvements'' for migrant care and processing facilities, $85,000,000, +to remain available until September 30, 2023: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. U.S. Immigration and Customs Enforcement @@ -101,57 +142,59 @@ Emergency Deficit Control Act of 1985. For an additional amount for ``Operations and Support'' for necessary expenses to respond to the significant rise in aliens at the -southwest border and related activities, $128,238,000; of which -$35,943,000 is for transportation of unaccompanied alien children; of -which $11,981,000 is for detainee transportation for medical needs, -court proceedings, or relocation to and from U.S. Customs and Border -Protection custody; of which $5,114,000 is for reimbursements for -overtime and temporary duty costs; of which $20,000,000 is for -alternatives to detention; of which $45,000,000 is for detainee medical -care; and of which $10,200,000 is for the Office of Professional -Responsibility for background investigations and facility inspections: -Provided, That such amount is designated by the Congress as being for -an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +southwest border and related activities, $208,945,000: Provided, That +of the amounts provided under this heading, $35,943,000 is for +transportation of unaccompanied alien children, $11,981,000 is for +detainee transportation for medical needs, court proceedings, or +relocation from U.S. Customs and Border Protection custody, $20,000,000 +is for alternatives to detention, $45,000,000 is for detainee medical +care, $69,735,000 is for temporary duty, overtime, and other on-board +personnel costs including reimbursements, $5,000,000 is for the Office +of Professional Responsibility for background investigations and +facility inspections, and $21,286,000 is for Homeland Security +Investigations human trafficking investigations: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal Emergency Management Agency federal assistance - For an additional amount for ``Federal Assistance'', $60,000,000, + For an additional amount for ``Federal Assistance'', $30,000,000, to remain available until September 30, 2020, for the emergency food -and shelter program under Title III of the McKinney-Vento Homeless +and shelter program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.) for the purposes of providing assistance to aliens released from the custody of the Department of -Homeland Security: Provided, That notwithstanding Sections 315 and +Homeland Security: Provided, That notwithstanding sections 315 and 316(b) of such Act, funds made available under this section shall be disbursed by the Emergency Food and Shelter Program National Board not -later than 30 days after the date on which such funds becomes -available: Provided further, That the Emergency Food and Shelter -Program National Board shall distribute such funds only to -jurisdictions or local recipient organizations serving communities that -have experienced a significant influx of such aliens: Provided further, -That such funds may be used to reimburse such jurisdictions or local -recipient organizations for costs incurred in providing services to -such aliens on or after January 1, 2019: Provided further, That such -amount is designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985. +later than 30 days after the date on which such funds become available: + Provided further, That the Emergency Food and Shelter Program National +Board shall distribute such funds only to jurisdictions or local +recipient organizations serving communities that have experienced a +significant influx of such aliens: Provided further, That such funds +may be used to reimburse such jurisdictions or local recipient +organizations for costs incurred in providing services to such aliens +on or after January 1, 2019: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. GENERAL PROVISIONS--THIS TITLE - Sec. 201. Notwithstanding any other provision of law, funds made + Sec. 301. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading. - Sec. 202. Division A of the Consolidated Appropriations Act, 2019 + Sec. 302. Division A of the Consolidated Appropriations Act, 2019 (Public Law 116-6) is amended by adding after section 540 the following: ``Sec. 541. (a) Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall be applied-- - ``(1) in subsection (a), by substituting `September 30, - 2019,' for `September 30, 2017,'; and - ``(2) in subsection (c)(1), by substituting `September 30, - 2019,' for `September 30, 2017'. + ``(1) In subsection (a), by substituting `September 30, 2019,' + for `September 30, 2017,'; and + ``(2) In subsection (c)(1), by substituting `September 30, + 2019,' for `September 30, 2017'. ``(b) The Secretary of Homeland Security, under the authority of section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may carry out prototype projects under section 2371b of title 10, United @@ -161,57 +204,27 @@ Secretary of Defense as prescribed. Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition of nontraditional government contractor as defined in section 2371b(e) of title 10, United States Code.''. - Sec. 203. (a) The Secretary of the Department of Homeland Security -shall establish policies and distribute written personnel guidance, as -appropriate, not later than 60 days after the date of enactment of this -Act on the following: - (1) Providing private meeting space and video - teleconferencing access for individuals returned to Mexico - under the Migrant Protection Protocols to consult with legal - counsel, including prior to initial immigration court hearings. - (2) Efforts, in consultation with the Department of State, - to address the housing, transportation, and security needs of - such individuals. - (3) Efforts, in consultation with the Department of - Justice, to ensure that such individuals are briefed, in their - primary spoken language to the greatest extent possible, on - their legal rights and obligations prior to being returned to - Mexico. - (4) Efforts, in consultation with the Department of - Justice, to prioritize the immigration proceedings of such - individuals. - (5) The establishment of written policies defining - categories of vulnerable individuals who should not be so - returned. - (b) For purposes of this section, the term ``Migrant Protection -Protocols'' means the actions taken by the Secretary to implement the -memorandum dated January 25, 2019 entitled ``Policy Guidance for the -Implementation of the Migrant Protection Protocols''. - (c) The amounts provided by this section are designated by the -Congress as being for an emergency requirement pursuant to section -251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control -Act of 1985. - Sec. 204. None of the funds provided in this Act under ``U.S. + Sec. 303. None of the funds provided in this Act under ``U.S. Customs and Border Protection--Operations and Support'' for facilities shall be available until U.S. Customs and Border Protection establishes policies (via directive, procedures, guidance, and/or memorandum) and training programs to ensure that such facilities adhere to the National Standards on Transport, Escort, Detention, and Search, published in -October of 2015: Provided, That not later than 90 days after the date +October of 2015: Provided, That not later than 90 days after the date of enactment of this Act, U.S. Customs and Border Protection shall provide a detailed report to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on the Judiciary of the Senate, and the House Judiciary Committee regarding the establishment and implementation of such policies and training programs. - Sec. 205. No later than 30 days after the date of enactment of + Sec. 304. No later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall provide a report on the number of U.S. Customs and Border Protection Officers assigned to -Northern Border land ports of entry and temporarily assigned to the -ongoing humanitarian crisis: Provided, That the report shall outline +northern border land ports of entry and temporarily assigned to the +ongoing humanitarian crisis: Provided, That the report shall outline what resources and conditions would allow a return to northern border staffing levels that are no less than the number committed in the June -12, 2018 Department of Homeland Security Northern Border Strategy: +12, 2018 Department of Homeland Security Northern Border Strategy: Provided further, That the report shall include the number of officers temporarily assigned to the southwest border in response to the ongoing humanitarian crisis, the number of days the officers will be away from @@ -220,94 +233,23 @@ officers are being assigned to the southwest border, and efforts being made to limit the impact on operations at each northern border land port of entry where officers have been temporarily assigned to the southwest border. - Sec. 206. None of the funds appropriated or otherwise made + Sec. 305. None of the funds appropriated or otherwise made available by this Act or division A of the Consolidated Appropriations Act, 2019 (Public Law 116-6) for the Department of Homeland Security may be used to relocate to the National Targeting Center the vetting of Trusted Traveler Program applications and operations currently carried out at existing locations unless specifically authorized by a statute enacted after the date of enactment of this Act. - Sec. 207. (a) Of the additional amount provided under ``U.S. -Customs and Border Protection--Operations and Support'', $200,000,000 -is for a multi-agency, integrated, migrant processing center pilot -program for family units and unaccompanied alien children, including -the following: - (1) Ongoing assessment and treatment efforts for physical - or mental health conditions, including development of a support - plan and services for each member of a vulnerable population. - (2) Assessments of child protection and welfare needs. - (3) Food, shelter, hygiene services and supplies, clothing, - and activities appropriate for the non-penal, civil detention - of families. - (4) Personnel with appropriate training on caring for - families and vulnerable populations in a civil detention - environment. - (5) Free telephonic communication access, including support - for contacting family members. - (6) Direct access to legal orientation, legal - representation, and case management in private areas of the - center. - (7) Credible fear and reasonable fear interviews conducted - by U.S. Citizenship and Immigration Services asylum officers in - private areas of the center. - (8) Granting of asylum directly by U.S. Citizenship and - Immigration Services for manifestly well-founded or clearly - meritorious cases. - (9) For family units not found removable prior to departure - from the center-- - (A) release on own recognizance or placement in - alternatives to detention with case management; and - (B) coordinated transport to a respite shelter or - city of final destination. - (10) For family units found removable prior to departure - from the center, safe return planning support by an immigration - case manager, including a consular visit to assist with - reintegration. - (11) On-site operational support by non-governmental - organizations for the identification and protection of - vulnerable populations. - (b) The Secretary shall notify the Committees on Appropriations of -the Senate and the House of Representatives within 24 hours of any-- - (1) unaccompanied child placed in the pilot program whose - time in Department of Homeland Security custody exceeds 72 - hours; and - (2) family unit placed in the pilot program whose time in - such custody exceed exceeds 9 days. - (c) Prior to the obligation of the amount identified in subsection -(a), but not later than 30 days after the date of enactment of this -Act, the Secretary shall submit a plan for the implementation of the -pilot program to the Committees on Appropriations of the Senate and the -House of Representatives which shall include a definition of vulnerable -populations. - Sec. 208. Not later than 30 days after the date of enactment of -this Act, the Secretary of Homeland Security shall establish final -plans, standards, and protocols to protect the health and safety of -individuals in the custody of U.S. Customs and Border Protection, which -shall include-- - (1) standards and response protocols for medical - assessments and medical emergencies; - (2) requirements for ensuring the provision of water, - appropriate nutrition, hygiene, and sanitation needs; - (3) standards for temporary holding facilities that adhere - to best practices for the care of children, which shall be in - compliance with the relevant recommendations in the Policy - Statement of the American Academy of Pediatrics entitled, - ``Detention of Immigrant Children''; - (4) protocols for responding to surges of migrants crossing - the southern border or arriving at land ports of entry; and - (5) required training for all Federal and contract - personnel who interact with migrants on the care and treatment - of individuals in civil detention. - Sec. 209. Not later than 120 days after the date of enactment of -this Act, the Secretary of Homeland Security shall submit to the House -of Representatives and the Senate a plan for ensuring access to -appropriate translation services for all individuals encountered by -U.S. Customs and Border Protection, U.S. Immigration and Customs -Enforcement, and U.S. Citizenship and Immigration Services, including -an estimate of related resource requirements and the feasibility and -potential benefit of these components jointly procuring such services. + Sec. 306. The personnel, supplies, or equipment of any component +of the Department of Homeland Security may be deployed to support +activities of the Department of Homeland Security related to the +significant rise in aliens at the southwest border and related +activities, and for the enforcement of immigration and customs laws, +detention and removals of aliens crossing the border unlawfully, and +investigations without reimbursement as jointly agreed by the detailing +components. - TITLE III + TITLE IV DEPARTMENT OF HEALTH AND HUMAN SERVICES @@ -315,208 +257,146 @@ potential benefit of these components jointly procuring such services. refugee and entrant assistance - (including transfer of funds) - - For an additional amount for ``Refugee and Entrant Assistance'' + For an additional amount for ``Refugee and Entrant Assistance'', $2,881,552,000, to be merged with and available for the same period as -funds appropriated in division B of Public Law 115-245 and made -available through fiscal year 2021 under this heading, and to be made -available for any purpose funded under such heading in such law: -Provided, That if any part of the reprogramming described in the -notification submitted by the Secretary of Health and Human Services -(the ``Secretary'') to the Committees on Appropriations of the House of -Representatives and the Senate on May 16, 2019, has been executed as of -the date of the enactment of this Act, such amounts provided by this -Act as are necessary shall be used to reverse such reprogramming: -Provided further, That of the amounts provided under this heading, the -amount allocated by the Secretary for costs of leases of property that -include facilities to be used as hard-sided dormitories for which the -Secretary intends to seek State licensure for the care of unaccompanied -alien children, and that are executed under authorities transferred to -the Director of the Office of Refugee Resettlement (ORR) under section -462 of the Homeland Security Act of 2002, shall remain available until -expended: Provided further, That ORR shall notify the Committees on -Appropriations of the House of Representatives and the Senate within 72 -hours of conducting a formal assessment of a facility for possible -lease or acquisition and within 7 days of any lease or acquisition of -real property: Provided further, That not less than $866,000,000 of the -amounts provided under this heading shall be used for the provision of -care in licensed shelters and for expanding the supply of shelters for -which State licensure will be sought, of which not less than -$27,000,000 shall be available for the purposes of adding shelter beds -in State-licensed facilities in response to funding opportunity HHS- -2017-ACF-ORR-ZU-1132, and of which not less than $185,000,000 shall be -available for expansion grants to add beds in State-licensed facilities -and open new State-licensed facilities, and for contract costs to -acquire, activate, and operate facilities that include small- and -medium-scale hard-sided facilities for which the Secretary intends to -seek State licensure in an effort to phase out the need for shelter -beds in unlicensed facilities: Provided further, That not less than -$100,000,000 of the amounts provided under this heading shall be used -for post-release services, child advocates, and legal services: -Provided further, That the amount made available for legal services in -the preceding proviso shall be made available for the same purposes for -which amounts were provided for such services in fiscal year 2017: -Provided further, That not less than $8,000,000 of the amounts provided -under this heading shall be used for the purposes of hiring additional -Federal Field Specialists and for increasing case management and case -coordination services, with the goal of more expeditiously placing -unaccompanied alien children with sponsors and reducing the length of -stay in ORR custody: Provided further, That not less than $1,000,000 of -amounts provided under this heading shall be used for the purposes of -hiring project officers and program monitor staff dedicated to pursuing -strategic improvements to the Unaccompanied Alien Children program and -for the development of a discharge rate improvement plan which shall be -submitted to the Committees on Appropriations of the House of -Representatives and the Senate within 120 days of the date of enactment -of this Act: Provided further, That of the amounts provided under this -heading, $5,000,000 shall be transferred to ``Office of the Secretary-- -Office of Inspector General'' and shall remain available until expended -for oversight of activities supported with funds appropriated under -this heading: Provided further, That none of the funds made available -under this heading may be transferred pursuant to the authority in -section 205 of division B of Public Law 115-245: Provided further, That -the amount provided under this heading is designated by the Congress as -being for an emergency requirement pursuant to section 251(b)(2)(A)(i) -of the Balanced Budget and Emergency Deficit Control Act of 1985. +funds appropriated in Public Law 115-245 ``for carrying out such +sections 414, 501, 462, and 235'', which shall be available for any +purpose funded under such heading in such law: Provided, That if any +part of the reprogramming described in the notification submitted by +the Secretary of Health and Human Services (the ``Secretary'') to the +Committees on Appropriations of the House of Representatives and the +Senate on May 16, 2019 has been executed, such amounts provided by this +Act as are necessary shall be used to reverse such reprogramming: +Provided further, That amounts allocated by the Secretary for costs of +leases of property that include facilities to be used as hard-sided +dormitories for which the Secretary intends to seek State licensure for +the care of unaccompanied alien children, and that are executed under +authorities transferred to the Director of the Office of Refugee +Resettlement (ORR) under section 462 of the Homeland Security Act of +2002, shall remain available until expended: Provided further, That +ORR shall notify the Committees on Appropriations of the House of +Representatives and the Senate within 72 hours of conducting a formal +assessment of a facility for possible lease or acquisition and within 7 +days of any acquisition or lease of real property: Provided further, +That not less than $866,000,000 of amounts provided under this heading +shall be used for the provision of care in licensed shelters and for +expanding the supply of shelters for which State licensure will be +sought, of which not less than $27,000,000 shall be available for the +purposes of adding shelter beds in State-licensed facilities in +response to funding opportunity HHS-2017-ACF-ORR-ZU-1132, and of which +not less than $185,000,000 shall be available for expansion grants to +add beds in State-licensed facilities and open new State-licensed +facilities, and for contract costs to acquire, activate, and operate +facilities that will include small- and medium-scale hard-sided +facilities for which the Secretary intends to seek State licensure in +an effort to phase out the need for shelter beds in unlicensed +facilities: Provided further, That not less than $100,000,000 of +amounts provided under this heading shall be used for post-release +services, child advocates, and legal services: Provided further, That +not less than $8,000,000 of amounts provided under this heading shall +be used for the purposes of hiring additional Federal Field Specialists +and for increasing case management and case coordination services, with +the goal of more expeditiously placing unaccompanied alien children +with sponsors and reducing the length of stay in ORR custody: Provided +further, That not less than $1,000,000 of amounts provided under this +heading shall be used for the purposes of hiring project officers and +program monitor staff dedicated to pursuing strategic improvements to +the Unaccompanied Alien Children program and for the development of a +discharge rate improvement plan which shall be submitted to the +Committees on Appropriations of the House of Representatives and the +Senate within 120 days of enactment of this Act: Provided further, +That of the amounts provided under this heading, $5,000,000 shall be +transferred to ``Office of the Secretary--Office of Inspector General'' +and shall remain available until expended for oversight of activities +supported with funds appropriated under this heading: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISIONS--THIS TITLE - Sec. 301. The Secretary of Health and Human Services (the + Sec. 401. The Secretary of Health and Human Services (the ``Secretary'') shall prioritize use of community-based residential care (including long-term and transitional foster care and small group homes) and shelter care other than large-scale institutional shelter -facilities to house unaccompanied alien children in the custody of the -Department of Health and Human Services. The Secretary shall prioritize -State-licensed, hard-sided dormitories. - Sec. 302. Funds made available in this Act under the heading -``Department of Health and Human Services--Administration for Children -and Families--Refugee and Entrant Assistance'' shall remain available -for obligation only if the operational directives issued by the Office -of Refugee Resettlement between December 1, 2018, and June 15, 2019, to -accelerate the identification and approval of sponsors, remain in -effect. - Sec. 303. Funds made available in this Act under the heading -``Department of Health and Human Services--Administration for Children -and Families--Refugee and Entrant Assistance'' shall be subject to the -authorities and conditions of section 224 of division A of the -Consolidated Appropriations Act, 2019 (Public Law 116-6). - Sec. 304. None of the funds made available in this Act under the +facilities to house unaccompanied alien children in its custody. The +Secretary shall prioritize State-licensed and hard-sided dormitories. + Sec. 402. The Office of Refugee Resettlement shall ensure that its +grantees and, to the greatest extent practicable, potential sponsors of +unaccompanied alien children are aware of current law regarding the use +of information collected as part of the sponsor suitability +determination process. + Sec. 403. (a) None of the funds provided by this or any prior +appropriations Act may be used to reverse changes in procedures made by +operational directives issued to providers by the Office of Refugee +Resettlement on December 18, 2018, March 23, 2019, and June 10, 2019 +regarding the Memorandum of Agreement on Information Sharing executed +April 13, 2018. + (b) Notwithstanding subsection (a), the Secretary may make changes +to such operational directives upon making a determination that such +changes are necessary to prevent unaccompanied alien children from +being placed in danger, and the Secretary shall provide a written +justification to Congress and the Inspector General of the Department +of Health and Human Services in advance of implementing such changes. + (c) Within 15 days of the Secretary's communication of the +justification, the Inspector General of the Department of Health and +Human Services shall provide an assessment, in writing, to the +Secretary and to Committees on Appropriations of the House of +Representatives and the Senate of whether such changes to operational +directives are necessary to prevent unaccompanied children from being +placed in danger. + Sec. 404. None of the funds made available in this Act under the heading ``Department of Health and Human Services--Administration for Children and Families--Refugee and Entrant Assistance'' may be obligated to a grantee or contractor to house unaccompanied alien children (as such term is defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not State-licensed for the care of unaccompanied alien children, except in -the case that the Secretary of Health and Human Services (the -``Secretary'') determines that housing unaccompanied alien children in -such a facility is necessary on a temporary basis due to an influx of -such children or an emergency: Provided, That-- - (1) the terms of the grant or contract for the operations - of any such facility that remains in operation for more than - six consecutive months shall require compliance with-- - (A) the same requirements as licensed placements, - as listed in Exhibit 1 of the Flores Settlement - Agreement, regardless of the status of the underlying - settlement agreement; - (B) staffing ratios of 1 on-duty Youth Care Worker - for every 8 children or youth during waking hours, 1 - on-duty Youth Care Worker for every 16 children or - youth during sleeping hours, and clinician ratios to - children (including mental health providers) as - required in grantee cooperative agreements; and - (C) access provided to legal services; - (2) the Secretary may grant a 60-day waiver for a - contractor's or grantee's non-compliance with paragraph (1) if - the Secretary certifies and provides a report to Congress on - the contractor's or grantee's good-faith efforts and progress - towards compliance and the report specifies each requirement - referenced in paragraph (1) that is being waived for 60 days; - (3) the Secretary shall not waive requirements for grantees - or contractors to provide or arrange for the following - services-- - (A) proper physical care and maintenance, including - suitable living accommodations, food, appropriate - clothing, and personal grooming items; - (B) a complete medical examination (including - screening for infectious diseases) within 48 hours of - admission, unless the minor was recently examined at - another facility; - (C) appropriate routine medical and dental care; - (D) at least one individual counseling session per - week conducted by trained social work staff with the - specific objectives of reviewing a minor's progress, - establishing new short term objectives, and addressing - both the developmental and crisis-related needs of each - minor; - (E) educational services appropriate to the minor's - level of development, and communication skills in a - structured classroom setting, Monday through Friday, - which concentrates primarily on the development of - basic academic competencies and secondarily on English - Language Training; - (F) activities according to a leisure time plan - which shall include daily outdoor activity, weather - permitting, at least one hour per day of large muscle - activity and one hour per day of structured leisure - time activities (this should not include time spent - watching television). Activities should be increased to - three hours on days when school is not in session; - (G) whenever possible, access to religious services - of the minor's choice; - (H) visitation and contact with family members - (regardless of their immigration status) which is - structured to encourage such visitation. The staff - shall respect the minor's privacy while reasonably - preventing the unauthorized release of the minor; - (I) family reunification services designed to - identify relatives in the United States as well as in - foreign countries and assistance in obtaining legal - guardianship when necessary for the release of the - minor; and - (J) legal services information regarding the - availability of free legal assistance, the right to be - represented by counsel at no expense to the government, - the right to a deportation or exclusion hearing before - an immigration judge, the right to apply for political - asylum or to request voluntary departure in lieu of - deportation; - (4) if the Secretary determines that a contractor or - grantee is not in compliance with any of the requirements set - forth in paragraph (3), the Secretary shall not permit such - contractor or grantee to continue to provide services beyond a - reasonable period, not to exceed 60 days, needed to award a - contract or grant to a new service provider, and the incumbent - contractor or grantee shall not be eligible to compete for the - new contract or grant; - (5) not more than three consecutive waivers under paragraph - (2) may be granted to a contractor or grantee with respect to a - specific facility; - (6) ORR shall ensure full adherence to the monitoring - requirements set forth in section 5.5 of its Policies and - Procedures Guide as of June 15, 2019; - (7) for any such unlicensed facility in operation for more - than three consecutive months, ORR shall conduct a minimum of - one comprehensive monitoring visit during the first three - months of operation, with quarterly monitoring visits - thereafter; - (8) not later than 60 days after the date of enactment of - this Act, ORR shall brief the Committees on Appropriations of - the House of Representatives and the Senate outlining the - requirements of ORR for influx facilities; and - (9) the amounts provided by this section are designated by - the Congress as being for an emergency requirement pursuant to - section 251(b)(2)(A)(i) of the Balanced Budget and Emergency - Deficit Control Act of 1985. - Sec. 305. In addition to the existing Congressional notification -requirements for formal site assessments of potential influx -facilities, the Secretary shall notify the Committees on Appropriations -of the House of Representatives and the Senate at least 15 days before -operationalizing an unlicensed facility, and shall (1) specify whether -the facility is hard-sided or soft-sided, and (2) provide analysis that -indicates that, in the absence of the influx facility, the likely -outcome is that unaccompanied alien children will remain in the custody -of the Department of Homeland Security for longer than 72 hours or that +the case that the Secretary determines that housing unaccompanied alien +children in such a facility is necessary on a temporary basis due to an +influx of such children or an emergency, provided that-- + (1) the terms of the grant or contract for the operations of + any such facility that remains in operation for more than six + consecutive months shall require compliance with-- + (A) the same requirements as licensed placements, as listed + in Exhibit 1 of the Flores Settlement Agreement that the + Secretary determines are applicable to non-State licensed + facilities; and + (B) staffing ratios of one (1) on-duty Youth Care Worker + for every eight (8) children or youth during waking hours, one + (1) on-duty Youth Care Worker for every sixteen (16) children + or youth during sleeping hours, and clinician ratios to + children (including mental health providers) as required in + grantee cooperative agreements; + (2) the Secretary may grant a 60-day waiver for a contractor's + or grantee's non-compliance with paragraph (1) if the Secretary + certifies and provides a report to Congress on the contractor's or + grantee's good-faith efforts and progress towards compliance; + (3) not more than four consecutive waivers under paragraph (2) + may be granted to a contractor or grantee with respect to a + specific facility; + (4) ORR shall ensure full adherence to the monitoring + requirements set forth in section 5.5 of its Policies and + Procedures Guide as of May 15, 2019; + (5) for any such unlicensed facility in operation for more than + three consecutive months, ORR shall conduct a minimum of one + comprehensive monitoring visit during the first three months of + operation, with quarterly monitoring visits thereafter; and + (6) not later than 60 days after the date of enactment of this + Act, ORR shall brief the Committees on Appropriations of the House + of Representatives and the Senate outlining the requirements of ORR + for influx facilities including any requirement listed in paragraph + (1)(A) that the Secretary has determined are not applicable to non- + State licensed facilities. + Sec. 405. In addition to the existing Congressional notification +for formal site assessments of potential influx facilities, the +Secretary shall notify the Committees on Appropriations of the House of +Representatives and the Senate at least 15 days before operationalizing +an unlicensed facility, and shall (1) specify whether the facility is +hard-sided or soft-sided, and (2) provide analysis that indicates that, +in the absence of the influx facility, the likely outcome is that +unaccompanied alien children will remain in the custody of the +Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger. Within 60 days of bringing such a facility online, and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the @@ -525,201 +405,120 @@ number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release. - Sec. 306. (a) The Secretary shall ensure that, when feasible, no -unaccompanied alien child is at an unlicensed facility if the child is -not expected to be placed with a sponsor within 30 days. - (b) The Secretary shall ensure that no unaccompanied alien child is -at an unlicensed facility if the child-- - (1) is under the age of 13; - (2) does not speak English or Spanish as his or her - preferred language; - (3) has known special needs, behavioral health issues, or - medical issues that would be better served at an alternative - facility; - (4) is a pregnant or parenting teen; or - (5) would have a diminution of legal services as a result - of the transfer to such an unlicensed facility. - (c) ORR shall notify a child's attorney of record in advance of any + Sec. 406. (a) The Secretary shall ensure that, when feasible, no +unaccompanied alien child is at an unlicensed facility if the child-- + (1) is not expected to be placed with a sponsor within 30 days; + (2) is under the age of 13; + (3) does not speak English or Spanish as his or her preferred + language; + (4) has known special needs, behavioral health issues, or + medical issues that would be better served at an alternative + facility; + (5) is a pregnant or parenting teen; or + (6) would have a diminution of legal services as a result of + the transfer to such an unlicensed facility. + (b) ORR shall notify a child's attorney of record in advance of any transfer, where applicable. - Sec. 307. None of the funds made available in this Act may be used + Sec. 407. None of the funds made available in this Act may be used to prevent a United States Senator or Member of the House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 -U.S.C. 279(g)(2))): Provided, That nothing in this section shall be -construed to require such a Senator or Member to provide prior notice -of the intent to enter such a facility for such purpose. - Sec. 308. Not later than 14 days after the date of enactment of -this Act, and monthly thereafter, the Secretary of Health and Human -Services shall submit to the Committees on Appropriations of the House -of Representatives and the Senate, and make publicly available online, -a report with respect to children who were separated from their parents -or legal guardians by the Department of Homeland Security (DHS) -(regardless of whether or not such separation was pursuant to an option -selected by the children, parents, or guardians), subsequently -classified as unaccompanied alien children, and transferred to the care -and custody of ORR during the previous month. Each report shall contain -the following information: - (1) The number and ages of children so separated subsequent - to apprehension at or between ports of entry, to be reported by - sector where separation occurred. - (2) The documented cause of separation, as reported by DHS - when each child was referred. - Sec. 309. Not later than 30 days after the date of enactment of -this Act, the Secretary of Health and Human Services shall submit to +U.S.C. 279(g)(2))), provided that such Senator or Member has +coordinated the oversight visit with the Office of Refugee Resettlement +not less than two business days in advance to ensure that such visit +would not interfere with the operations (including child welfare and +child safety operations) of such facility. + Sec. 408. Not later than 14 days after the date of enactment of +this Act, and monthly thereafter, the Secretary shall submit to the +Committees on Appropriations of the House of Representatives and the +Senate, and make publicly available online, a report with respect to +children who were separated from their parents or legal guardians by +the Department of Homeland Security (DHS) (regardless of whether or not +such separation was pursuant to an option selected by the children, +parents, or guardians), subsequently classified as unaccompanied alien +children, and transferred to the care and custody of ORR during the +previous month. Each report shall contain the following information: + (1) the number and ages of children so separated subsequent to + apprehension at or between ports of entry, to be reported by sector + where separation occurred; and + (2) the documented cause of separation, as reported by DHS when + each child was referred. + Sec. 409. Funds made available in this Act under the heading +``Department of Health and Human Services--Administration for Children +and Families--Refugee and Entrant Assistance'' shall be subject to the +authorities and conditions of section 224 of division A of the +Consolidated Appropriations Act, 2019 (Public Law 116-6). + Sec. 410. Not later than 30 days after the date of enactment of +this Act, the Secretary shall submit to the Committees on +Appropriations of the House of Representatives and the Senate a +detailed spend plan of anticipated uses of funds made available in this +account, including the following: a list of existing grants and +contracts for both permanent and influx facilities, including their +costs, capacity, and timelines; costs for expanding capacity through +the use of community-based residential care placements (including long- +term and transitional foster care and small group homes) through new or +modified grants and contracts; current and planned efforts to expand +small-scale shelters and available foster care placements, including +collaboration with state child welfare providers; influx facilities +being assessed for possible use, costs and services to be provided for +legal services, child advocates, and post release services; program +administration; and the average number of weekly referrals and +discharge rate assumed in the spend plan: Provided, That such plan +shall be updated to reflect changes and expenditures and submitted to the Committees on Appropriations of the House of Representatives and -the Senate a detailed spend plan of anticipated uses of funds made -available in this account, including the following: a list of existing -grants and contracts for both permanent and influx facilities, -including their costs, capacity, and timelines; costs for expanding -capacity through the use of community-based residential care placements -(including long-term and transitional foster care and small group -homes) through new or modified grants and contracts; current and -planned efforts to expand small-scale shelters and available foster -care placements, including collaboration with state child welfare -providers; influx facilities being assessed for possible use; costs and -services to be provided for legal services, child advocates, and post -release services; program administration; and the average number of -weekly referrals and discharge rate assumed in the spend plan: -Provided, That such plan shall be updated to reflect changes and -expenditures and submitted to the Committees on Appropriations of the -House of Representatives and the Senate every 60 days until all funds -are expended or expire. - Sec. 310. The Office of Refugee Resettlement shall ensure that its -grantees are aware of current law regarding the use of information -collected as part of the sponsor vetting process. - Sec. 311. The Secretary is directed to report the death of any -unaccompanied alien child in Office of Refugee Resettlement (ORR) -custody or in the custody of any grantee on behalf of ORR within 24 -hours, including relevant details regarding the circumstances of the -fatality, to the Committees on Appropriations of the House of -Representatives and the Senate. - Sec. 312. Notwithstanding any other provision of law, funds made -available in this Act under the heading ``Department of Health and -Human Services--Administration for Children and Families--Refugee and -Entrant Assistance'' shall only be used for the purposes specifically -described under that heading. - Sec. 313. (a) The Secretary of Health and Human Services shall -ensure that no unaccompanied alien child (as defined in section -462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) -spends more than 90 days, in the aggregate, at an unlicensed facility. - (b) Not later than 45 days after the date of enactment of this Act, -the Secretary shall ensure transfer to a State-licensed facility for -any unaccompanied alien child who has been at an unlicensed facility -for longer than 90 days. - (c) Subsections (a) and (b) shall not apply to an unaccompanied -alien child when the Secretary determines that a potential sponsor had -been identified and the unaccompanied alien child is expected to be -placed with the sponsor within 30 days. - (d) Notwithstanding subsections (a) and (b), if the Secretary -determines there is insufficient space available at State-licensed -facilities to transfer an unaccompanied alien child who has been at an -unlicensed facility for longer than 90 days, the Secretary shall submit -a written justification to the Committees on Appropriations of the -House of Representatives and the Senate, and shall submit a summary -every two weeks, disaggregated by influx facility, on the number of -unaccompanied alien children at each influx facility longer than 90 -days, with a summary of both the status of placement and the transfer -efforts for all children who have been in care for longer than 90 days. +the Senate every 60 days until all funds are expended or expired. - TITLE IV + TITLE V GENERAL PROVISIONS--THIS ACT - Sec. 401. (a) Fiscal Year 2017.--Funds made available by the -Department of State, Foreign Operations, and Related Programs -Appropriations Act, 2017 (division J of Public Law 115-31) that were -initially obligated for assistance for El Salvador, Guatemala, and -Honduras may not be reprogrammed after the date of enactment of this -Act for assistance for a country other than for which such funds were -initially obligated: Provided, That if the Secretary of State suspends -assistance for the central government of El Salvador, Guatemala, or -Honduras pursuant to section 7045(a)(5) of such Act, not less than 75 -percent of the funds for such central government shall be reprogrammed -for assistance through nongovernmental organizations or local -government entities in such country: Provided further, That the balance -of such funds shall only be reprogrammed for assistance for countries -in the Western Hemisphere. - (b) Fiscal Year 2018.--Section 7045(a) of the Department of State, -Foreign Operations, and Related Programs Appropriations Act, 2018 -(division K of Public Law 115-141) is amended by striking paragraph -(4)(D) and inserting in lieu of paragraph (1) the following paragraph: - ``(1) Funding.--Subject to the requirements of this - subsection, of the funds appropriated under titles III and IV - of this Act, not less than $615,000,000 shall be made available - for assistance for countries in Central America, of which not - less than $452,000,000 shall be for assistance for El Salvador, - Guatemala, and Honduras to implement the United States Strategy - for Engagement in Central America (the Strategy): Provided, - That such amounts shall be made available notwithstanding any - provision of law permitting deviations below such amounts: - Provided further, That if the Secretary of State cannot make - the certifications under paragraph (3), or makes a - determination under paragraph (4)(A) or (4)(C) that the central - government of El Salvador, Guatemala, or Honduras is not - meeting the requirements of this subsection, not less than 75 - percent of the funds for such central government shall be - reprogrammed for assistance through nongovernmental - organizations or local government entities in such country: - Provided further, That the balance of such funds shall only be - reprogrammed for assistance for countries in the Western - Hemisphere.''. - (c) Fiscal Year 2019.--Section 7045(a) of the Department of State, -Foreign Operations, and Related Programs Appropriations Act, 2019 -(division F of Public Law 116-6) is amended by striking paragraph -(2)(C) and inserting at the end, between paragraph (4)(B) and -subsection (b), the following new paragraph: - ``(5) Funding.--Subject to the requirements of this - subsection, of the funds appropriated under titles III and IV - of this Act, not less than $540,850,000 shall be made available - for assistance for countries in Central America, of which not - less than $452,000,000 shall be made available for assistance - for El Salvador, Guatemala, and Honduras to implement the - United States Strategy for Engagement in Central America: - Provided, That such amounts shall be made available - notwithstanding any provision of law permitting deviations - below such amounts: Provided further, That if the Secretary of - State cannot make the certification under paragraph (1), or - makes a determination under paragraph (2) that the central - government of El Salvador, Guatemala, or Honduras is not - meeting the requirements of this subsection, not less than 75 - percent of the funds for such central government shall be - reprogrammed for assistance through nongovernmental - organizations or local government entities in such country: - Provided further, That the balance of such funds shall only be - reprogrammed for assistance for countries in the Western - Hemisphere.''. - Sec. 402. Each amount appropriated or made available by this Act + Sec. 501. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. - Sec. 403. No part of any appropriation contained in this Act shall + Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. - Sec. 404. Unless otherwise provided for by this Act, the + Sec. 503. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2019. - Sec. 405. Each amount designated in this Act by the Congress as + Sec. 504. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. - Sec. 406. Any amount appropriated by this Act, designated by the -Congress as being for an emergency requirement pursuant to section + Sec. 505. Any amount appropriated by this Act, designated by the +Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation. + Sec. 506. Not later than 180 days after the date of the enactment +of this Act, the Comptroller General of the United States shall submit +a report to the Committees on Appropriations of the House of +Representatives and the Senate on the number of asylum officers and +immigration judges, including temporary immigration judges, and the +corresponding number of support staff necessary-- + (1) to fairly and effectively make credible fear determinations + with respect to individuals within family units and unaccompanied + alien children; + (2) to ensure that the credible fear determination and asylum + interview is completed not later than 20 days after the date on + which a family unit is apprehended; and + (3) to fairly and effectively review appeals of credible fear + determinations with respect to individuals within family units and + unaccompanied alien children. +In addition, the report shall determine if there is any physical +infrastructure such as hearing or courtroom space needed to achieve +these goals. This Act may be cited as the ``Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019''. - Passed the House of Representatives June 25, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From f96d1105021ebe2acbddefc5f8a707f6ff3e8f41 Mon Sep 17 00:00:00 2001 From: "Rep. Napolitano, Grace F. [D-CA-32]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 354/984] House-3465: Introduced to House --- bills_text/House-3465.txt | 87 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 87 insertions(+) create mode 100644 bills_text/House-3465.txt diff --git a/bills_text/House-3465.txt b/bills_text/House-3465.txt new file mode 100644 index 0000000..98a74da --- /dev/null +++ b/bills_text/House-3465.txt @@ -0,0 +1,87 @@ +116th CONGRESS + 1st Session + H. R. 3465 + +To authorize the Fallen Journalists Memorial Foundation to establish a + commemorative work in the District of Columbia and its environs, and + for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 25, 2019 + +Mrs. Napolitano (for herself, Mr. Cole, Mr. Sarbanes, Mr. McGovern, Mr. + Cardenas, Mr. Huffman, Mr. Cisneros, Mr. Carbajal, Ms. Brownley of +California, Ms. Castor of Florida, Mr. Kind, Ms. Matsui, Mr. Grijalva, + Mr. Thompson of California, Mr. Lujan, Ms. Speier, and Mr. Sherman) + introduced the following bill; which was referred to the Committee on + Natural Resources + +_______________________________________________________________________ + + A BILL + + + +To authorize the Fallen Journalists Memorial Foundation to establish a + commemorative work in the District of Columbia and its environs, and + for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Fallen Journalists Memorial Act of +2019''. + +SEC. 2. ESTABLISHMENT OF MEMORIAL TO COMMEMORATE AMERICA'S COMMITMENT + TO A FREE PRESS BY HONORING JOURNALISTS WHO HAVE + SACRIFICED THEIR LIVES IN SERVICE TO THAT CAUSE. + + (a) Commemorative Work Authorized.--The Fallen Journalists Memorial +Foundation may establish a commemorative work on Federal land depicted +as ``Area I'' or ``Area II'' on the map numbered 869/86501 B and dated +June 24, 2003 (not including the Reserve as defined in section 8902(a) +of title 40, United States Code) to commemorate the sacrifices made by +journalists working as guardians of democracy and for a free and +independent press. + (b) Compliance With Standards for Commemorative Works.--Chapter 89 +of title 40, United States Code, and other applicable Federal laws and +regulations shall apply to the establishment of the commemorative work +authorized by this section. + (c) Prohibition on Use of Federal Funds; Payment of Expenses.-- + (1) In general.--The Fallen Journalists Memorial Foundation + may not use Federal funds to establish the commemorative work + authorized by this section. + (2) Responsibility of the fallen journalists memorial + foundation.--The Fallen Journalists Memorial Foundation shall + be solely responsible for acceptance of contributions for, and + payment of the expenses of, the establishment of the + commemorative work under this section. + (d) Deposit of Excess Funds.-- + (1) Upon establishment of commemorative work.--If, upon + payment of all expenses for the establishment of the + commemorative work authorized by this section (including the + maintenance and preservation amounts required by section + 8906(b)(1) of title 40, United States Code), there remains a + balance of funds received for the establishment of the + commemorative work, the Fallen Journalists Memorial Foundation + shall transmit the amount of the balance to the account + provided for in section 8906(b)(3) of such title. + (2) Upon expiration of authority to establish commemorative + work.--If, upon expiration of the authority for the + commemorative work under section 8903(e) of title 40, United + States Code, there remains a balance of funds received for the + establishment of the commemorative work, the Fallen Journalists + Memorial Foundation shall transmit the amount of the balance to + a separate account with the National Park Foundation for + memorials, to be available to the Secretary of the Interior or + Administrator of General Services (as appropriate) following + the process provided in section 8906(b)(4) of such title for + accounts established under section 8906(b)(3) of such title. + \ No newline at end of file From 92cd6f3e4917c3e88340fc7f0135c4712d8c2224 Mon Sep 17 00:00:00 2001 From: "Rep. Napolitano, Grace F. [D-CA-32]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 355/984] House-3465: Engrossed in House --- bills_text/House-3465.txt | 125 +++++++++++++++++++------------------- 1 file changed, 64 insertions(+), 61 deletions(-) diff --git a/bills_text/House-3465.txt b/bills_text/House-3465.txt index 98a74da..9389a00 100644 --- a/bills_text/House-3465.txt +++ b/bills_text/House-3465.txt @@ -1,29 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3465 -To authorize the Fallen Journalists Memorial Foundation to establish a - commemorative work in the District of Columbia and its environs, and - for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 25, 2019 - -Mrs. Napolitano (for herself, Mr. Cole, Mr. Sarbanes, Mr. McGovern, Mr. - Cardenas, Mr. Huffman, Mr. Cisneros, Mr. Carbajal, Ms. Brownley of -California, Ms. Castor of Florida, Mr. Kind, Ms. Matsui, Mr. Grijalva, - Mr. Thompson of California, Mr. Lujan, Ms. Speier, and Mr. Sherman) - introduced the following bill; which was referred to the Committee on - Natural Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -36,52 +17,74 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``Fallen Journalists Memorial Act of -2019''. - -SEC. 2. ESTABLISHMENT OF MEMORIAL TO COMMEMORATE AMERICA'S COMMITMENT - TO A FREE PRESS BY HONORING JOURNALISTS WHO HAVE - SACRIFICED THEIR LIVES IN SERVICE TO THAT CAUSE. - - (a) Commemorative Work Authorized.--The Fallen Journalists Memorial -Foundation may establish a commemorative work on Federal land depicted -as ``Area I'' or ``Area II'' on the map numbered 869/86501 B and dated -June 24, 2003 (not including the Reserve as defined in section 8902(a) -of title 40, United States Code) to commemorate the sacrifices made by -journalists working as guardians of democracy and for a free and -independent press. - (b) Compliance With Standards for Commemorative Works.--Chapter 89 -of title 40, United States Code, and other applicable Federal laws and -regulations shall apply to the establishment of the commemorative work -authorized by this section. - (c) Prohibition on Use of Federal Funds; Payment of Expenses.-- - (1) In general.--The Fallen Journalists Memorial Foundation - may not use Federal funds to establish the commemorative work - authorized by this section. + This Act may be cited as the ``Fallen Journalists Memorial Act''. + +SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. + + (a) In General.--The Fallen Journalists Memorial Foundation may +establish a commemorative work on Federal land in the District of +Columbia and its environs to commemorate America's commitment to a free +press by honoring journalists who sacrificed their lives in service to +that cause. + (b) Compliance With Standards for Commemorative Works.--The +establishment of the commemorative work under this section shall be in +accordance with chapter 89 of title 40, United States Code (commonly +known as the ``Commemorative Works Act''). + (c) Prohibition on Use of Federal Funds.-- + (1) In general.--Federal funds may not be used to pay any + expense of the establishment of the commemorative work under + this section. (2) Responsibility of the fallen journalists memorial foundation.--The Fallen Journalists Memorial Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- - (1) Upon establishment of commemorative work.--If, upon - payment of all expenses for the establishment of the - commemorative work authorized by this section (including the - maintenance and preservation amounts required by section + (1) In general.--If upon payment of all expenses for the + establishment of the commemorative work (including the + maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Fallen Journalists Memorial Foundation - shall transmit the amount of the balance to the account - provided for in section 8906(b)(3) of such title. - (2) Upon expiration of authority to establish commemorative - work.--If, upon expiration of the authority for the - commemorative work under section 8903(e) of title 40, United - States Code, there remains a balance of funds received for the - establishment of the commemorative work, the Fallen Journalists - Memorial Foundation shall transmit the amount of the balance to - a separate account with the National Park Foundation for - memorials, to be available to the Secretary of the Interior or - Administrator of General Services (as appropriate) following - the process provided in section 8906(b)(4) of such title for - accounts established under section 8906(b)(3) of such title. - \ No newline at end of file + shall transmit the amount of the balance to the Secretary of + the Interior for deposit in the account provided for in section + 8906(b)(3) of title 40, United States Code. + (2) On expiration of authority.--If upon expiration of the + authority for the commemorative work under section 8903(e) of + title 40, United States Code, there remains a balance of funds + received for the establishment of the commemorative work, the + Fallen Journalists Memorial Foundation shall transmit the + amount of the balance to a separate account with the National + Park Foundation for memorials, to be available to the Secretary + of the Interior or Administrator (as appropriate) following the + process provided in section 8906(b)(4) of title 40, United + States Code, for accounts established under section 8906(b)(2) + or (3) of title 40, United States Code. + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 21, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3465 + +_______________________________________________________________________ + + AN ACT + +To authorize the Fallen Journalists Memorial Foundation to establish a + commemorative work in the District of Columbia and its environs, and + for other purposes. From 88b7c0e2b2922c1d97d1a69dac8cb1c375985db2 Mon Sep 17 00:00:00 2001 From: "Rep. Napolitano, Grace F. [D-CA-32]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 356/984] House-3465: Enrolled --- bills_text/House-3465.txt | 106 +++++++++++++++++--------------------- 1 file changed, 47 insertions(+), 59 deletions(-) diff --git a/bills_text/House-3465.txt b/bills_text/House-3465.txt index 9389a00..5e42d74 100644 --- a/bills_text/House-3465.txt +++ b/bills_text/House-3465.txt @@ -1,26 +1,31 @@ -116th CONGRESS - 2d Session - H. R. 3465 + H.R.3465 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To authorize the Fallen Journalists Memorial Foundation to establish a - commemorative work in the District of Columbia and its environs, and - for other purposes. + To authorize the Fallen Journalists Memorial Foundation to establish a +commemorative work in the District of Columbia and its environs, and for + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Fallen Journalists Memorial Act''. - SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. - (a) In General.--The Fallen Journalists Memorial Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate America's commitment to a free @@ -31,38 +36,35 @@ establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on Use of Federal Funds.-- - (1) In general.--Federal funds may not be used to pay any - expense of the establishment of the commemorative work under - this section. - (2) Responsibility of the fallen journalists memorial - foundation.--The Fallen Journalists Memorial Foundation shall - be solely responsible for acceptance of contributions for, and - payment of the expenses of, the establishment of the - commemorative work under this section. + (1) In general.--Federal funds may not be used to pay any + expense of the establishment of the commemorative work under this + section. + (2) Responsibility of the fallen journalists memorial + foundation.--The Fallen Journalists Memorial Foundation shall be + solely responsible for acceptance of contributions for, and payment + of the expenses of, the establishment of the commemorative work + under this section. (d) Deposit of Excess Funds.-- - (1) In general.--If upon payment of all expenses for the - establishment of the commemorative work (including the - maintenance and preservation amount required by section - 8906(b)(1) of title 40, United States Code), there remains a - balance of funds received for the establishment of the - commemorative work, the Fallen Journalists Memorial Foundation - shall transmit the amount of the balance to the Secretary of - the Interior for deposit in the account provided for in section - 8906(b)(3) of title 40, United States Code. - (2) On expiration of authority.--If upon expiration of the - authority for the commemorative work under section 8903(e) of - title 40, United States Code, there remains a balance of funds - received for the establishment of the commemorative work, the - Fallen Journalists Memorial Foundation shall transmit the - amount of the balance to a separate account with the National - Park Foundation for memorials, to be available to the Secretary - of the Interior or Administrator (as appropriate) following the - process provided in section 8906(b)(4) of title 40, United - States Code, for accounts established under section 8906(b)(2) - or (3) of title 40, United States Code. - + (1) In general.--If upon payment of all expenses for the + establishment of the commemorative work (including the maintenance + and preservation amount required by section 8906(b)(1) of title 40, + United States Code), there remains a balance of funds received for + the establishment of the commemorative work, the Fallen Journalists + Memorial Foundation shall transmit the amount of the balance to the + Secretary of the Interior for deposit in the account provided for + in section 8906(b)(3) of title 40, United States Code. + (2) On expiration of authority.--If upon expiration of the + authority for the commemorative work under section 8903(e) of title + 40, United States Code, there remains a balance of funds received + for the establishment of the commemorative work, the Fallen + Journalists Memorial Foundation shall transmit the amount of the + balance to a separate account with the National Park Foundation for + memorials, to be available to the Secretary of the Interior or + Administrator (as appropriate) following the process provided in + section 8906(b)(4) of title 40, United States Code, for accounts + established under section 8906(b)(2) or (3) of title 40, United + States Code. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -70,21 +72,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 21, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3465 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. -To authorize the Fallen Journalists Memorial Foundation to establish a - commemorative work in the District of Columbia and its environs, and - for other purposes. + Vice President of the United States and + President of the Senate. From 94dbab8cd22e779f0635812732816c21d1e4df81 Mon Sep 17 00:00:00 2001 From: "Rep. Bilirakis, Gus M. [R-FL-12]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 357/984] House-3504: Introduced to House --- bills_text/House-3504.txt | 113 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 113 insertions(+) create mode 100644 bills_text/House-3504.txt diff --git a/bills_text/House-3504.txt b/bills_text/House-3504.txt new file mode 100644 index 0000000..f629deb --- /dev/null +++ b/bills_text/House-3504.txt @@ -0,0 +1,113 @@ +116th CONGRESS + 1st Session + H. R. 3504 + + To amend title 38, United States Code, to provide for improvements to + the specially adapted housing program of the Department of Veterans + Affairs, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 26, 2019 + + Mr. Bilirakis (for himself, Mr. David P. Roe of Tennessee, and Mr. +Levin of California) introduced the following bill; which was referred + to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend title 38, United States Code, to provide for improvements to + the specially adapted housing program of the Department of Veterans + Affairs, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Ryan Kules Specially Adaptive +Housing Improvement Act of 2019''. + +SEC. 2. PRIORITY IN AWARD OF SPECIALLY ADAPTED HOUSING GRANTS TO + SERIOUSLY ILL VETERANS. + + (a) In General.--Section 2101 of title 38, United States Code, is +amended by adding at the end the following new subsection: + ``(d) Priority for Seriously Ill Veterans.--(1) In providing +assistance under this section, the Secretary shall give priority to +seriously ill veterans. + ``(2) In this section, the term `seriously ill veteran' shall have +the meaning given such term by the Secretary.''. + (b) Definition of Seriously Ill Veteran.-- + (1) In general.--By not later than 90 days after the date + of the enactment of this Act, the Secretary of Veterans Affairs + shall-- + (A) determine the meaning of the term ``seriously + ill veteran'' for purposes of subsection (d) of section + 2101 of title 38, United States Code, as added by + subsection (a); and + (B) submit to the Committees on Veterans' Affairs + of the Senate and House of Representatives the meaning + of such term as so determined. + (2) Applicability.--The definition of ``seriously ill + veteran'' as determined under paragraph (1) shall apply for + purposes of such subsection (d) beginning on the date that is + 30 days after the date on which the Secretary submits to the + Committees on Veterans' Affairs of the Senate and House of + Representatives the definition of such term as so determined. + (c) Effective Date.--The amendment made by subsection (a) shall +take effect on October 1, 2020, and apply with respect to assistance +provided on or after that date. + +SEC. 3. INCREASE IN AMOUNTS OF ASSISTANCE PROVIDED. + + (a) Increase of Number of Grants Per Veteran.--Section 2102(d)(3) +of such title is amended by striking ``three'' and inserting ``six''. + (b) Increase in Number of Applications Authorized To Be Approved.-- +Section 2101(a)(4) of such title is amended by striking ``30 +applications'' and inserting ``120 applications''. + (c) Increase in Maximum Amount of Assistance for Adaptation to +Veteran's Residence.--Section 2102(b)(2) of such title is amended by +striking ``$12,000'' and inserting ``$19,733''. + (d) Increase in Aggregate Amount of Assistance for Acquisition of +Housing With Special Features.--Section 2102(d)(1) of such title is +amended by striking ``$63,780'' and inserting ``$98,492''. + (e) Increase in Aggregate Amount of Assistance for Adaptations to +Veterans' Residences.--Section 2102(d)(2) of such title is amended by +striking ``$12,756'' and inserting ``$19,733''. + (f) Effective Date and Application.--The amendments made by this +section shall take effect on October 1, 2020. The amendments made by +subsections (c) and (d) shall apply with respect to individuals who +have not received the maximum amount of assistance under section 2101 +of title 38, United States Code, before such date. + +SEC. 4. PROVISION OF ADDITIONAL AMOUNTS OF SPECIALLY ADAPTED HOUSING + ASSISTANCE FOR CERTAIN VETERANS. + + Section 2102 of such title is amended by adding at the end the +following new subsection: + ``(f)(1) Notwithstanding the aggregate amounts specified in +subsection (d), a covered veteran may apply for and receive an +additional amount of assistance under subsection (a) or (b) of section +2101 of this title in an amount that does not exceed half of the amount +specified in subsection (d). + ``(2) In this subsection, a covered veteran is a veteran who-- + ``(A) is described in section 2101(a)(2) of this title; + ``(B) first receives assistance under this chapter on or + after October 1, 2020; + ``(C) as of the date of the veteran's application for + assistance under paragraph (1), most recently received + assistance under this chapter more than ten years before such + date; and + ``(D) lives in a home that the Secretary determines does + not have adaptations that are reasonably necessary because of + the veteran's disability.''. + \ No newline at end of file From a7348a3f3861fdcd54dd114bf7dcaad976c385b6 Mon Sep 17 00:00:00 2001 From: "Rep. Bilirakis, Gus M. [R-FL-12]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 358/984] House-3504: Engrossed in House --- bills_text/House-3504.txt | 339 +++++++++++++++++++++++++++++++++++--- 1 file changed, 318 insertions(+), 21 deletions(-) diff --git a/bills_text/House-3504.txt b/bills_text/House-3504.txt index f629deb..2b38a2c 100644 --- a/bills_text/House-3504.txt +++ b/bills_text/House-3504.txt @@ -2,31 +2,15 @@ 1st Session H. R. 3504 - To amend title 38, United States Code, to provide for improvements to - the specially adapted housing program of the Department of Veterans - Affairs, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 26, 2019 - - Mr. Bilirakis (for himself, Mr. David P. Roe of Tennessee, and Mr. -Levin of California) introduced the following bill; which was referred - to the Committee on Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT To amend title 38, United States Code, to provide for improvements to - the specially adapted housing program of the Department of Veterans - Affairs, and for other purposes. + the specially adapted housing program and educational assistance +programs of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -105,9 +89,322 @@ specified in subsection (d). after October 1, 2020; ``(C) as of the date of the veteran's application for assistance under paragraph (1), most recently received - assistance under this chapter more than ten years before such + assistance under this chapter more than 10 years before such date; and ``(D) lives in a home that the Secretary determines does not have adaptations that are reasonably necessary because of the veteran's disability.''. - \ No newline at end of file + +SEC. 5. IMPROVEMENT TO WORK-STUDY ALLOWANCE PROGRAM. + + (a) Payment of Allowance.--Subsection (a) of section 3485 of title +38, United States Code, is amended-- + (1) in paragraph (1), by striking ``Individuals'' and + inserting ``In accordance with paragraph (4), individuals''; + (2) by redesignating paragraphs (4), (5), and (6) as + paragraphs (5), (6), and (7), respectively; and + (3) by inserting after paragraph (3) the following new + paragraph: + ``(4)(A) The Secretary shall carry out this section by providing to +educational institutions an annual amount for the institution to use in +paying work-study allowance under paragraph (1) to individuals enrolled +at the institution. + ``(B) With respect to an educational institution that participated +in the work-study program under this section during the academic year +beginning August 1, 2018, the Secretary shall determine the annual +amount to provide to the educational institution under subparagraph (A) +as follows: + ``(i) For the academic year beginning August 1, 2020, the + amount shall be the total amount the Secretary paid under this + section to individuals enrolled at such educational institution + during the academic year beginning August 1, 2018. + ``(ii) Except as provided by subparagraph (D)(ii), for each + academic year beginning on or after August 1, 2021, the amount + shall be the total amount the educational institution paid + under this section for work-study allowance to individuals + enrolled at such educational institution during the previous + academic year in which individuals participated in the work- + study program. + ``(C) With respect to an educational institution that did not +participate in the work-study program under this section during the +academic year beginning August 1, 2018, the Secretary shall determine +the annual amount to provide to the educational institution under +subparagraph (A) as follows: + ``(i) For the first academic year in which the educational + institution participates in the work-study program beginning on + or after August 1, 2020, the amount shall be an amount the + Secretary determines appropriate based on amounts provided to + similar educational institutions pursuant to subparagraph (B). + ``(ii) Except as provided by subparagraph (D)(ii), for each + academic year occurring after the academic year specified in + clause (i), the amount shall be the total amount the + educational institution paid under this section for work-study + allowance to individuals enrolled at such educational + institution during the previous academic year in which + individuals enrolled at such educational institution + participated in the work-study program. + ``(D)(i) Except as provided in clause (ii), if the Secretary +provides an annual amount to an educational institution under +subparagraph (B) or (C) that is more than the total amount the +educational institution pays to individuals under paragraph (1), the +educational institution shall return to the Secretary the unpaid amount +and the Secretary shall transfer such amount into the general fund of +the Treasury. + ``(ii) If the annual amount provided to an educational institution +under subparagraph (B) or (C) is more, but less than 25 percent more, +than the total amount the educational institution pays to individuals +under paragraph (1), and the educational institution plans to +participate in the work-study program under this section during the +subsequent academic year, the educational institution may retain the +amount of the overpayment if the educational institution notifies the +Secretary of the amount of the overpayment and the intention of the +educational institution to retain such amount. Any amount retained by +an educational institution under this clause may only be used by the +educational institution to provide work-study allowance to individuals +enrolled at the educational institution. + ``(iii) At any time an educational institution may request the +Secretary to increase the annual amount that the Secretary provides the +educational institution under subparagraph (B) or (C). + ``(E) Pursuant to section 3690(c), section 3693, and other +provisions of chapter 36 of this title, the Secretary shall ensure that +educational institutions carry out the work-study allowance program in +compliance with this section.''. + (b) Conforming Amendment.--Subsection (e)(1) of such section is +amended by striking ``subsection (a)(4)'' and inserting ``subsection +(a)(5)''. + (c) Application.--The amendments made by this section shall apply +with respect to a quarter, semester, or term, as applicable, commencing +on or after August 1, 2020. + +SEC. 6. EXPANSION OF ELIGIBILITY FOR FRY SCHOLARSHIP TO CHILDREN AND + SPOUSES OF CERTAIN DECEASED MEMBERS OF THE ARMED FORCES. + + (a) In General.--Subsection (b) of section 3311 of title 38, United +States Code, is amended-- + (1) by redesignating paragraph (10) as paragraph (12); and + (2) by inserting after paragraph (9) the following new + paragraphs (10) and (11): + ``(10) An individual who is the child or spouse of a person + who, on or after September 11, 2001, dies in line of duty while + serving on duty other than active duty as a member of the Armed + Forces. + ``(11) An individual who is the child or spouse of a member + of the Selected Reserve who dies on or after September 11, + 2001-- + ``(A) from a service-connected disability; and + ``(B) not later than 4 years after the date of the + last discharge or release of that member from active + duty or active duty for training.''. + (b) Applicability Date.--The amendments made by subsection (a) +apply with respect to a quarter, semester, or term, as applicable, +commencing on or after August 1, 2020. + (c) Conforming Amendments.-- + (1) Subsection (f) of such section is amended by striking + ``paragraph (9)'' each place it appears and inserting + ``paragraphs (9), (10), and (11)''. + (2) Section 3322 of such title is amended-- + (A) in subsection (e), by striking both ``sections + 3311(b)(9) and 3319'' and inserting ``section 3319 and + paragraph (9), (10), or (11) of section 3311 of this + title''; + (B) in subsection (f), by striking ``section + 3311(b)(9)'' and inserting ``paragraph (9), (10), or + (11) of section 3311 of this title''; and + (C) in subsection (h)(2), by striking ``either + section 3311(b)(9) or chapter 35'' and inserting + ``either chapter 35 or paragraph (9), (10), or (11) of + section 3311''. + +SEC. 7. TREATMENT OF CERTAIN PREPARATORY COURSES AS PROGRAMS OF + EDUCATION FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS + EDUCATIONAL ASSISTANCE PROGRAMS. + + (a) In General.--Chapter 33 of title 38, United States Code, is +amended by inserting after section 3315A the following new section: +``Sec. 3315B. Preparatory courses for licensure, certification, or + national tests + ``(a) In General.--An individual entitled to educational assistance +under this chapter shall also be entitled to payment for a preparatory +course for a licensing or certification test that is required or used +to enter into, maintain, or advance in employment in a predetermined +and identified vocation or profession. + ``(b) Amount.--The amount of educational assistance payable under +this chapter for a course described in subsection (a) is the lesser +of-- + ``(1) the fee charged for the course; or + ``(2) the amount of entitlement available to the individual + under this chapter at the time of payment for the course under + this section. + ``(c) Charge Against Entitlement.--The number of months of +entitlement charged an individual under this chapter for a course +described in subsection (a) shall be pro-rated based on the actual +amount of the fee charged for the course relative to the rate for 1 +month payable-- + ``(1) for the academic year beginning on August 1, 2020, + $1,460; or + ``(2) for an academic year beginning on any subsequent + August 1, the amount for the previous academic year beginning + on August 1 under this subsection, as increased by the + percentage increase equal to the most recent percentage + increase determined under section 3015(h).''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +3315A the following new item: + +``3315B. Preparatory courses for licensure, certification, or national + tests.''. + (c) Conforming Amendments.--Section 3532(g) of title 38, United +States Code, is amended-- + (1) in paragraph (1), by inserting ``or a preparatory + course described in section 3315B(a) of this title'' after ``or + national test providing an opportunity for course credit at + institutions of higher learning described in section 3501(a)(5) + of this title''; and + (2) in paragraphs (2) and (3), by inserting ``or + preparatory course'' after ``test'' everywhere it appears. + (d) Effective Date.--The amendment made by subsection (a) shall +apply with respect to months beginning after the date of the enactment +of this Act. + +SEC. 8. ADJUSTMENT OF LOAN FEES. + + Section 3729(b)(2) of title 38, United States Code, is amended by +striking the loan fee table and inserting the following: + + +---------------------------------------------------------------------------------------------------------------- + Active duty + ``Type of loan veteran Reservist Other obligor +---------------------------------------------------------------------------------------------------------------- +(A)(i) Initial loan described in section 3710(a) 2.15 2.40 NA + to purchase or construct a dwelling with 0-down, + or any other initial loan described in section + 3710(a) other than with 5-down or 10-down + (closed on or after October 1, 2004, and before + January 1, 2020) +(A)(ii) Initial loan described in section 3710(a) 2.30 2.30 NA + to purchase or construct a dwelling with 0-down, + or any other initial loan described in section + 3710(a) other than with 5-down or 10-down + (closed on or after January 1, 2020, and before + October 1, 2027) +(A)(iii) Initial loan described in section 2.15 2.15 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other initial loan described in + section 3710(a) other than with 5-down or 10- + down (closed on or after October 1, 2027, and + before October 1, 2029) +(A)(iv) Initial loan described in section 3710(a) 1.40 1.40 NA + to purchase or construct a dwelling with 0-down, + or any other initial loan described in section + 3710(a) other than with 5-down or 10-down + (closed on or after October 1, 2029) +(B)(i) Subsequent loan described in section 3.30 3.30 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other subsequent loan described + in section 3710(a) (closed on or after October + 1, 2004, and before January 1, 2020) +(B)(ii) Subsequent loan described in section 3.60 3.60 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other subsequent loan described + in section 3710(a) (closed on or after January + 1, 2020, and before October 1, 2027) +(B)(iii) Subsequent loan described in section 3.30 3.30 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other subsequent loan described + in section 3710(a) (closed on or after October + 1, 2027, and before October 1, 2029) +(B)(iv) Subsequent loan described in section 1.25 1.25 NA + 3710(a) to purchase or construct a dwelling with + 0-down, or any other subsequent loan described + in section 3710(a) (closed on or after October + 1, 2029) +(C)(i) Loan described in section 3710(a) to 1.50 1.75 NA + purchase or construct a dwelling with 5-down + (closed before January 1, 2020) +(C)(ii) Loan described in section 3710(a) to 1.65 1.65 NA + purchase or construct a dwelling with 5-down + (closed on or after January 1, 2020, and before + October 1, 2027) +(C)(iii) Loan described in section 3710(a) to 1.50 1.50 NA + purchase or construct a dwelling with 5-down + (closed on or after October 1, 2027, and before + October 1, 2029) +(C)(iv) Loan described in section 3710(a) to 0.75 0.75 NA + purchase or construct a dwelling with 5-down + (closed on or after October 1, 2029) +(D)(i) Loan described in section 3710(a) to 1.25 1.50 NA + purchase or construct a dwelling with 10-down + (closed before January 1, 2020) +(D)(ii) Loan described in section 3710(a) to 1.40 1.40 NA + purchase or construct a dwelling with 10-down + (closed on or after January 1, 2020, and before + October 1, 2027) +(D)(iii) Loan described in section 3710(a) to 1.25 1.25 NA + purchase or construct a dwelling with 10-down + (closed on or after October 1, 2027, and before + October 1, 2029) +(D)(iv) Loan described in section 3710(a) to 0.50 0.50 NA + purchase or construct a dwelling with 10-down + (closed on or after October 1, 2029) +(E) Interest rate reduction refinancing loan 0.50 0.50 NA +(F) Direct loan under section 3711 1.00 1.00 NA +(G) Manufactured home loan under section 3712 1.00 1.00 NA + (other than an interest rate reduction + refinancing loan) +(H) Loan to Native American veteran under section 1.25 1.25 NA + 3762 (other than an interest rate reduction + refinancing loan) +(I) Loan assumption under section 3714 0.50 0.50 0.50 +(J) Loan under section 3733(a) 2.25 2.25 2.25''. +---------------------------------------------------------------------------------------------------------------- + +SEC. 9. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ASSIST BLIND + VETERANS WHO HAVE NOT LOST USE OF A LEG IN ACQUIRING + SPECIALLY ADAPTED HOUSING. + + Section 2101 of title 38, United States Code, is amended-- + (1) in subsection (a)(2)(B)(ii)-- + (A) in the matter preceding subclause (I), by + striking ``due to--'' and inserting ``due to blindness + in both eyes, having central visual acuity of 20/200 or + less in the better eye with the use of a standard + correcting lens. For the purposes of this clause, an + eye with a limitation in the fields of vision such that + the widest diameter of the visual field subtends an + angle no greater than 20 degrees shall be considered as + having a central visual acuity of 20/200 or less.''; + and + (B) by striking subclauses (I) and (II); and + (2) in subsection (b)(2)-- + (A) by striking subparagraph (A); and + (B) by redesignating subparagraphs (B) and (C) as + subparagraphs (A) and (B), respectively. + +SEC. 10. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives July 23, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3504 + +_______________________________________________________________________ + + AN ACT + + To amend title 38, United States Code, to provide for improvements to + the specially adapted housing program and educational assistance +programs of the Department of Veterans Affairs, and for other purposes. From 47d312a47209f4938267cd64453eecef48b9adef Mon Sep 17 00:00:00 2001 From: "Rep. Bilirakis, Gus M. [R-FL-12]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 359/984] House-3504: Received in Senate --- bills_text/House-3504.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-3504.txt b/bills_text/House-3504.txt index 2b38a2c..9bfafa7 100644 --- a/bills_text/House-3504.txt +++ b/bills_text/House-3504.txt @@ -2,6 +2,16 @@ 1st Session H. R. 3504 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 24, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -394,17 +404,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3504 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To amend title 38, United States Code, to provide for improvements to - the specially adapted housing program and educational assistance -programs of the Department of Veterans Affairs, and for other purposes. + Clerk. From 3feb3577ba08f2a53e7bf04069fc50ab1ba623b1 Mon Sep 17 00:00:00 2001 From: "Rep. Bilirakis, Gus M. [R-FL-12]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 360/984] House-3504: Enrolled --- bills_text/House-3504.txt | 497 +++++++++++++++++--------------------- 1 file changed, 228 insertions(+), 269 deletions(-) diff --git a/bills_text/House-3504.txt b/bills_text/House-3504.txt index 9bfafa7..781db9f 100644 --- a/bills_text/House-3504.txt +++ b/bills_text/House-3504.txt @@ -1,70 +1,67 @@ -116th CONGRESS - 1st Session - H. R. 3504 + H.R.3504 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 24, 2019 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act To amend title 38, United States Code, to provide for improvements to - the specially adapted housing program and educational assistance -programs of the Department of Veterans Affairs, and for other purposes. + the specially adapted housing program and educational assistance + programs of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - - This Act may be cited as the ``Ryan Kules Specially Adaptive -Housing Improvement Act of 2019''. - -SEC. 2. PRIORITY IN AWARD OF SPECIALLY ADAPTED HOUSING GRANTS TO - SERIOUSLY ILL VETERANS. - - (a) In General.--Section 2101 of title 38, United States Code, is -amended by adding at the end the following new subsection: - ``(d) Priority for Seriously Ill Veterans.--(1) In providing -assistance under this section, the Secretary shall give priority to -seriously ill veterans. - ``(2) In this section, the term `seriously ill veteran' shall have -the meaning given such term by the Secretary.''. - (b) Definition of Seriously Ill Veteran.-- - (1) In general.--By not later than 90 days after the date - of the enactment of this Act, the Secretary of Veterans Affairs - shall-- - (A) determine the meaning of the term ``seriously - ill veteran'' for purposes of subsection (d) of section - 2101 of title 38, United States Code, as added by - subsection (a); and - (B) submit to the Committees on Veterans' Affairs - of the Senate and House of Representatives the meaning - of such term as so determined. - (2) Applicability.--The definition of ``seriously ill - veteran'' as determined under paragraph (1) shall apply for - purposes of such subsection (d) beginning on the date that is - 30 days after the date on which the Secretary submits to the - Committees on Veterans' Affairs of the Senate and House of - Representatives the definition of such term as so determined. - (c) Effective Date.--The amendment made by subsection (a) shall -take effect on October 1, 2020, and apply with respect to assistance -provided on or after that date. - -SEC. 3. INCREASE IN AMOUNTS OF ASSISTANCE PROVIDED. - + This Act may be cited as the ``Ryan Kules and Paul Benne Specially +Adaptive Housing Improvement Act of 2019''. +SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ASSIST BLIND +VETERANS WHO HAVE NOT LOST USE OF A LEG IN ACQUIRING SPECIALLY ADAPTED +HOUSING. + Section 2101 of title 38, United States Code, is amended-- + (1) in subsection (a)(2)-- + (A) in subparagraph (A)(i), by striking ``permanent and + total''; and + (B) in subparagraph (B), + (i) in clauses (i), (iii), (iv), and (v), by inserting + ``permanent and total'' before ``disability''; and + (ii) in clause (ii)-- + + (I) by inserting ``permanent'' before + ``disability''; + (II) by striking ``due to--'' and inserting ``due + to blindness in both eyes, having central visual acuity + of 20/200 or less in the better eye with the use of a + standard correcting lens. For the purposes of this + clause, an eye with a limitation in the fields of + vision such that the widest diameter of the visual + field subtends an angle no greater than 20 degrees + shall be considered as having a central visual acuity + of 20/200 or less.''; and + (III) by striking subclauses (I) and (II); and + + (2) in subsection (b)(2)-- + (A) by striking subparagraph (A); and + (B) by redesignating subparagraphs (B) and (C) as + subparagraphs (A) and (B), respectively. +SEC. 3. INCREASE IN AMOUNTS OF SPECIALLY ADAPTED HOUSING ASSISTANCE +PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS. (a) Increase of Number of Grants Per Veteran.--Section 2102(d)(3) -of such title is amended by striking ``three'' and inserting ``six''. +of such title is amended-- + (1) by striking ``No veteran'' and inserting ``Subject to + subsection (f), no veteran''; and + (2) by striking ``three'' and inserting ``six''. (b) Increase in Number of Applications Authorized To Be Approved.-- Section 2101(a)(4) of such title is amended by striking ``30 applications'' and inserting ``120 applications''. @@ -78,206 +75,193 @@ amended by striking ``$63,780'' and inserting ``$98,492''. Veterans' Residences.--Section 2102(d)(2) of such title is amended by striking ``$12,756'' and inserting ``$19,733''. (f) Effective Date and Application.--The amendments made by this -section shall take effect on October 1, 2020. The amendments made by -subsections (c) and (d) shall apply with respect to individuals who -have not received the maximum amount of assistance under section 2101 -of title 38, United States Code, before such date. - +section shall take effect on October 1, 2020. SEC. 4. PROVISION OF ADDITIONAL AMOUNTS OF SPECIALLY ADAPTED HOUSING - ASSISTANCE FOR CERTAIN VETERANS. - - Section 2102 of such title is amended by adding at the end the -following new subsection: - ``(f)(1) Notwithstanding the aggregate amounts specified in -subsection (d), a covered veteran may apply for and receive an -additional amount of assistance under subsection (a) or (b) of section -2101 of this title in an amount that does not exceed half of the amount -specified in subsection (d). +ASSISTANCE FOR CERTAIN VETERANS. + Section 2102 of such title, as amended by section 3, is further +amended by adding at the end the following new subsection: + ``(f)(1) Beginning October 1, 2030, notwithstanding the aggregate +amounts specified in subsection (d), a covered veteran may apply for +and receive an additional amount of assistance under subsection (a) or +(b) of section 2101 of this title in an amount that does not exceed +half of the amount specified in subsection (d). ``(2) In this subsection, a covered veteran is a veteran who-- - ``(A) is described in section 2101(a)(2) of this title; - ``(B) first receives assistance under this chapter on or - after October 1, 2020; - ``(C) as of the date of the veteran's application for - assistance under paragraph (1), most recently received - assistance under this chapter more than 10 years before such - date; and - ``(D) lives in a home that the Secretary determines does - not have adaptations that are reasonably necessary because of - the veteran's disability.''. + ``(A) is described in subsection (a)(2) or (b)(2) of section + 2101 of this title; + ``(B) as of the date of the veteran's application for + assistance under paragraph (1), most recently received assistance + under this chapter more than 10 years before such date; and + ``(C) lives in a home that the Secretary determines does not + have adaptations that are reasonably necessary because of the + veteran's disability.''. +SEC. 5. TREATMENT OF CERTAIN PREPARATORY COURSES AS PROGRAMS OF +EDUCATION FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL +ASSISTANCE PROGRAMS. + (a) In General.--Chapter 33 of title 38, United States Code, is +amended by inserting after section 3315A the following new section: +``Sec. 3315B. Preparatory courses for licensure, certification, or + national tests + ``(a) In General.--An individual entitled to educational assistance +under this chapter shall also be entitled to payment for a covered +preparatory course. + ``(b) Amount.--The amount of educational assistance payable under +this chapter for a covered preparatory course is the lesser of-- + ``(1) the fee charged for the covered preparatory course; or + ``(2) the amount of entitlement available to the individual + under this chapter at the time of payment for the covered + preparatory course under this section. + ``(c) Charge Against Entitlement.--The number of months of +entitlement charged an individual under this chapter for a covered +preparatory course shall be pro-rated based on the actual amount of the +fee charged for the covered preparatory course relative to the rate for +1 month payable-- + ``(1) for the academic year beginning on August 1, 2020, + $2,042; or + ``(2) for an academic year beginning on any subsequent August + 1, the amount for the previous academic year beginning on August 1 + under this subsection, as increased by the percentage increase + equal to the most recent percentage increase determined under + section 3015(h). + ``(d) Covered Preparatory Course Defined.--In this section, the +term `covered preparatory course' means a course-- + ``(1) for a licensing or certification test that is required or + used to enter into, maintain, or advance in employment in a + predetermined and identified vocation or profession; and + ``(2) that has been approved by the State approving agency + concerned.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +3315A the following new item: -SEC. 5. IMPROVEMENT TO WORK-STUDY ALLOWANCE PROGRAM. +``3315B. Preparatory courses for licensure, certification, or national + tests.''. + (c) Conforming Amendments.--Section 3532(g) of title 38, United +States Code, is amended-- + (1) in paragraph (1), by inserting ``or a covered preparatory + course (as that term is defined in section 3315B(a) of this + title)'' after ``or national test providing an opportunity for + course credit at institutions of higher learning described in + section 3501(a)(5) of this title''; and + (2) in paragraphs (2) and (3), by inserting ``or covered + preparatory course'' after ``test'' each place it appears. + (d) Effective Date.--The amendment made by subsection (a) shall +take effect on August 1, 2021. +SEC. 6. IMPROVEMENT TO WORK-STUDY ALLOWANCE PROGRAM. (a) Payment of Allowance.--Subsection (a) of section 3485 of title 38, United States Code, is amended-- - (1) in paragraph (1), by striking ``Individuals'' and - inserting ``In accordance with paragraph (4), individuals''; - (2) by redesignating paragraphs (4), (5), and (6) as - paragraphs (5), (6), and (7), respectively; and - (3) by inserting after paragraph (3) the following new - paragraph: - ``(4)(A) The Secretary shall carry out this section by providing to + (1) in paragraph (1), by striking ``Individuals'' and inserting + ``In accordance with paragraph (4), individuals''; + (2) by redesignating paragraphs (4), (5), and (6) as paragraphs + (5), (6), and (7), respectively; and + (3) by inserting after paragraph (3) the following new + paragraph: + ``(4)(A) With respect to covered work-study activities, the +Secretary shall carry out this section by providing to participating educational institutions an annual amount for the institution to use in paying work-study allowance under paragraph (1) to individuals enrolled at the institution. - ``(B) With respect to an educational institution that participated -in the work-study program under this section during the academic year -beginning August 1, 2018, the Secretary shall determine the annual -amount to provide to the educational institution under subparagraph (A) -as follows: - ``(i) For the academic year beginning August 1, 2020, the - amount shall be the total amount the Secretary paid under this - section to individuals enrolled at such educational institution - during the academic year beginning August 1, 2018. - ``(ii) Except as provided by subparagraph (D)(ii), for each - academic year beginning on or after August 1, 2021, the amount - shall be the total amount the educational institution paid - under this section for work-study allowance to individuals - enrolled at such educational institution during the previous - academic year in which individuals participated in the work- - study program. - ``(C) With respect to an educational institution that did not -participate in the work-study program under this section during the + ``(B) With respect to a participating educational institution that +participated in the work-study program under this section during the academic year beginning August 1, 2018, the Secretary shall determine the annual amount to provide to the educational institution under subparagraph (A) as follows: - ``(i) For the first academic year in which the educational - institution participates in the work-study program beginning on - or after August 1, 2020, the amount shall be an amount the - Secretary determines appropriate based on amounts provided to - similar educational institutions pursuant to subparagraph (B). - ``(ii) Except as provided by subparagraph (D)(ii), for each - academic year occurring after the academic year specified in - clause (i), the amount shall be the total amount the - educational institution paid under this section for work-study - allowance to individuals enrolled at such educational - institution during the previous academic year in which - individuals enrolled at such educational institution - participated in the work-study program. + ``(i) For the academic year beginning August 1, 2020, the + amount shall be the total amount, determined in consultation with + the educational institution, that the Secretary paid under this + section for covered work-study activities to individuals enrolled + at such educational institution during the academic year beginning + August 1, 2018. + ``(ii) Except as provided by clauses (ii) or (iii) of + subparagraph (D), for each academic year beginning on or after + August 1, 2021, the amount shall be the total amount the + educational institution paid under this section for work-study + allowance for covered work-study activities to individuals enrolled + at such educational institution during the previous academic year + in which individuals participated in the work-study program. + ``(C) With respect to a participating educational institution that +did not participate in the work-study program under this section during +the academic year beginning August 1, 2018, the Secretary shall +determine the annual amount to provide to the educational institution +under subparagraph (A) as follows: + ``(i) For the first academic year in which the educational + institution participates in the work-study program beginning on or + after August 1, 2020, the amount shall be an amount, determined in + consultation with the educational institution, that the Secretary + determines appropriate based on amounts provided to similar + educational institutions pursuant to subparagraph (B). + ``(ii) Except as provided by clauses (ii) or (iii) of + subparagraph (D), for each academic year occurring after the + academic year specified in clause (i), the amount shall be the + total amount the educational institution paid under this section + for work-study allowance for covered work-study activities to + individuals enrolled at such educational institution during the + previous academic year in which individuals enrolled at such + educational institution participated in the work-study program. ``(D)(i) Except as provided in clause (ii), if the Secretary -provides an annual amount to an educational institution under -subparagraph (B) or (C) that is more than the total amount the -educational institution pays to individuals under paragraph (1), the -educational institution shall return to the Secretary the unpaid amount -and the Secretary shall transfer such amount into the general fund of -the Treasury. - ``(ii) If the annual amount provided to an educational institution -under subparagraph (B) or (C) is more, but less than 25 percent more, -than the total amount the educational institution pays to individuals -under paragraph (1), and the educational institution plans to -participate in the work-study program under this section during the -subsequent academic year, the educational institution may retain the -amount of the overpayment if the educational institution notifies the -Secretary of the amount of the overpayment and the intention of the -educational institution to retain such amount. Any amount retained by -an educational institution under this clause may only be used by the -educational institution to provide work-study allowance to individuals -enrolled at the educational institution. - ``(iii) At any time an educational institution may request the -Secretary to increase the annual amount that the Secretary provides the -educational institution under subparagraph (B) or (C). - ``(E) Pursuant to section 3690(c), section 3693, and other +provides an annual amount to a participating educational institution +under subparagraph (B) or (C) that is more than the total amount the +educational institution pays to individuals under paragraph (1) for +covered work-study activities, the educational institution shall return +to the Secretary the unpaid amount and the Secretary shall transfer +such amount into the general fund of the Treasury. + ``(ii) If the annual amount provided to a participating educational +institution under subparagraph (B) or (C) is more, but less than 25 +percent more, than the total amount the educational institution pays to +individuals under paragraph (1) for covered work-study activities, and +the educational institution plans to participate in the work-study +program under this section during the subsequent academic year, the +educational institution may retain the amount of the overpayment if the +educational institution notifies the Secretary of the amount of the +overpayment and the intention of the educational institution to retain +such amount. Any amount retained by an educational institution under +this clause may only be used by the educational institution to provide +work-study allowance to individuals enrolled at the educational +institution. + ``(iii) At any time a participating educational institution may +request the Secretary to increase the annual amount that the Secretary +provides the educational institution under subparagraph (B) or (C). The +Secretary shall approve or disapprove such request by not later than 30 +days after the date of the request. + ``(iv) Whenever the Secretary finds that a participating +educational institution paid an amount of work-study allowance under +this paragraph to an individual for a purpose other than covered work- +study activities, such payment shall constitute a liability of the +educational institution to the United States. + ``(E)(i) Pursuant to section 3690(c), section 3693, and other provisions of chapter 36 of this title, the Secretary shall ensure that -educational institutions carry out the work-study allowance program in -compliance with this section.''. +participating educational institutions carry out the work-study +allowance program in compliance with this section. + ``(ii) The Secretary may prohibit an educational institution from +being a participating educational institution under this paragraph if +the Secretary determines that the educational institution is not in +compliance with this section. + ``(F) In this paragraph: + ``(i) The term `covered work-study activities' means qualifying + work-study activities described in subparagraphs (A), (B), (H), + (I), or (J) of paragraph (5) for which an individual is paid a + work-study allowance. + ``(ii) The term `participating educational institution' means + an educational institution that-- + ``(I)(aa) during the five-academic-year period occurring + before an academic year during which the Secretary carries out + this paragraph, the educational institution had on average more + than 10 individuals per academic year participating in a + covered work-study activity under this section; or + ``(bb) the educational institution is not described by item + (aa) but informs the Secretary that the institution expects to + have more than 10 individuals in the following academic year + participating in a covered work-study activity under this + section; and + ``(II) voluntarily chooses to be a participating + educational institution under this paragraph.''. (b) Conforming Amendment.--Subsection (e)(1) of such section is amended by striking ``subsection (a)(4)'' and inserting ``subsection (a)(5)''. (c) Application.--The amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing -on or after August 1, 2020. - -SEC. 6. EXPANSION OF ELIGIBILITY FOR FRY SCHOLARSHIP TO CHILDREN AND - SPOUSES OF CERTAIN DECEASED MEMBERS OF THE ARMED FORCES. - - (a) In General.--Subsection (b) of section 3311 of title 38, United -States Code, is amended-- - (1) by redesignating paragraph (10) as paragraph (12); and - (2) by inserting after paragraph (9) the following new - paragraphs (10) and (11): - ``(10) An individual who is the child or spouse of a person - who, on or after September 11, 2001, dies in line of duty while - serving on duty other than active duty as a member of the Armed - Forces. - ``(11) An individual who is the child or spouse of a member - of the Selected Reserve who dies on or after September 11, - 2001-- - ``(A) from a service-connected disability; and - ``(B) not later than 4 years after the date of the - last discharge or release of that member from active - duty or active duty for training.''. - (b) Applicability Date.--The amendments made by subsection (a) -apply with respect to a quarter, semester, or term, as applicable, -commencing on or after August 1, 2020. - (c) Conforming Amendments.-- - (1) Subsection (f) of such section is amended by striking - ``paragraph (9)'' each place it appears and inserting - ``paragraphs (9), (10), and (11)''. - (2) Section 3322 of such title is amended-- - (A) in subsection (e), by striking both ``sections - 3311(b)(9) and 3319'' and inserting ``section 3319 and - paragraph (9), (10), or (11) of section 3311 of this - title''; - (B) in subsection (f), by striking ``section - 3311(b)(9)'' and inserting ``paragraph (9), (10), or - (11) of section 3311 of this title''; and - (C) in subsection (h)(2), by striking ``either - section 3311(b)(9) or chapter 35'' and inserting - ``either chapter 35 or paragraph (9), (10), or (11) of - section 3311''. - -SEC. 7. TREATMENT OF CERTAIN PREPARATORY COURSES AS PROGRAMS OF - EDUCATION FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS - EDUCATIONAL ASSISTANCE PROGRAMS. - - (a) In General.--Chapter 33 of title 38, United States Code, is -amended by inserting after section 3315A the following new section: -``Sec. 3315B. Preparatory courses for licensure, certification, or - national tests - ``(a) In General.--An individual entitled to educational assistance -under this chapter shall also be entitled to payment for a preparatory -course for a licensing or certification test that is required or used -to enter into, maintain, or advance in employment in a predetermined -and identified vocation or profession. - ``(b) Amount.--The amount of educational assistance payable under -this chapter for a course described in subsection (a) is the lesser -of-- - ``(1) the fee charged for the course; or - ``(2) the amount of entitlement available to the individual - under this chapter at the time of payment for the course under - this section. - ``(c) Charge Against Entitlement.--The number of months of -entitlement charged an individual under this chapter for a course -described in subsection (a) shall be pro-rated based on the actual -amount of the fee charged for the course relative to the rate for 1 -month payable-- - ``(1) for the academic year beginning on August 1, 2020, - $1,460; or - ``(2) for an academic year beginning on any subsequent - August 1, the amount for the previous academic year beginning - on August 1 under this subsection, as increased by the - percentage increase equal to the most recent percentage - increase determined under section 3015(h).''. - (b) Clerical Amendment.--The table of sections at the beginning of -such chapter is amended by inserting after the item relating to section -3315A the following new item: - -``3315B. Preparatory courses for licensure, certification, or national - tests.''. - (c) Conforming Amendments.--Section 3532(g) of title 38, United -States Code, is amended-- - (1) in paragraph (1), by inserting ``or a preparatory - course described in section 3315B(a) of this title'' after ``or - national test providing an opportunity for course credit at - institutions of higher learning described in section 3501(a)(5) - of this title''; and - (2) in paragraphs (2) and (3), by inserting ``or - preparatory course'' after ``test'' everywhere it appears. - (d) Effective Date.--The amendment made by subsection (a) shall -apply with respect to months beginning after the date of the enactment -of this Act. - -SEC. 8. ADJUSTMENT OF LOAN FEES. - +on or after August 1, 2021. +SEC. 7. ADJUSTMENT OF LOAN FEES. Section 3729(b)(2) of title 38, United States Code, is amended by striking the loan fee table and inserting the following: @@ -297,12 +281,12 @@ striking the loan fee table and inserting the following: or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2020, and before - October 1, 2027) + April 7, 2023) (A)(iii) Initial loan described in section 2.15 2.15 NA 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10- - down (closed on or after October 1, 2027, and + down (closed on or after April 7, 2023, and before October 1, 2029) (A)(iv) Initial loan described in section 3710(a) 1.40 1.40 NA to purchase or construct a dwelling with 0-down, @@ -318,12 +302,12 @@ striking the loan fee table and inserting the following: 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after January - 1, 2020, and before October 1, 2027) + 1, 2020, and before April 7, 2023) (B)(iii) Subsequent loan described in section 3.30 3.30 NA 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described - in section 3710(a) (closed on or after October - 1, 2027, and before October 1, 2029) + in section 3710(a) (closed on or after April 7, + 2023, and before October 1, 2029) (B)(iv) Subsequent loan described in section 1.25 1.25 NA 3710(a) to purchase or construct a dwelling with 0-down, or any other subsequent loan described @@ -335,10 +319,10 @@ striking the loan fee table and inserting the following: (C)(ii) Loan described in section 3710(a) to 1.65 1.65 NA purchase or construct a dwelling with 5-down (closed on or after January 1, 2020, and before - October 1, 2027) + April 7, 2023) (C)(iii) Loan described in section 3710(a) to 1.50 1.50 NA purchase or construct a dwelling with 5-down - (closed on or after October 1, 2027, and before + (closed on or after April 7, 2023, and before October 1, 2029) (C)(iv) Loan described in section 3710(a) to 0.75 0.75 NA purchase or construct a dwelling with 5-down @@ -349,10 +333,10 @@ striking the loan fee table and inserting the following: (D)(ii) Loan described in section 3710(a) to 1.40 1.40 NA purchase or construct a dwelling with 10-down (closed on or after January 1, 2020, and before - October 1, 2027) + April 7, 2023) (D)(iii) Loan described in section 3710(a) to 1.25 1.25 NA purchase or construct a dwelling with 10-down - (closed on or after October 1, 2027, and before + (closed on or after April 7, 2023, and before October 1, 2029) (D)(iv) Loan described in section 3710(a) to 0.50 0.50 NA purchase or construct a dwelling with 10-down @@ -369,30 +353,8 @@ striking the loan fee table and inserting the following: (J) Loan under section 3733(a) 2.25 2.25 2.25''. ---------------------------------------------------------------------------------------------------------------- -SEC. 9. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ASSIST BLIND - VETERANS WHO HAVE NOT LOST USE OF A LEG IN ACQUIRING - SPECIALLY ADAPTED HOUSING. - - Section 2101 of title 38, United States Code, is amended-- - (1) in subsection (a)(2)(B)(ii)-- - (A) in the matter preceding subclause (I), by - striking ``due to--'' and inserting ``due to blindness - in both eyes, having central visual acuity of 20/200 or - less in the better eye with the use of a standard - correcting lens. For the purposes of this clause, an - eye with a limitation in the fields of vision such that - the widest diameter of the visual field subtends an - angle no greater than 20 degrees shall be considered as - having a central visual acuity of 20/200 or less.''; - and - (B) by striking subclauses (I) and (II); and - (2) in subsection (b)(2)-- - (A) by striking subparagraph (A); and - (B) by redesignating subparagraphs (B) and (C) as - subparagraphs (A) and (B), respectively. - -SEC. 10. DETERMINATION OF BUDGETARY EFFECTS. +SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -400,10 +362,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives July 23, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 5b02fda81c10551d034d22db7db0b3235f4dd5c0 Mon Sep 17 00:00:00 2001 From: "Rep. Thompson, Mike [D-CA-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 361/984] House-3589: Introduced to House --- bills_text/House-3589.txt | 140 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 140 insertions(+) create mode 100644 bills_text/House-3589.txt diff --git a/bills_text/House-3589.txt b/bills_text/House-3589.txt new file mode 100644 index 0000000..d5bbc68 --- /dev/null +++ b/bills_text/House-3589.txt @@ -0,0 +1,140 @@ +116th CONGRESS + 1st Session + H. R. 3589 + + To award a Congressional Gold Medal to Greg LeMond, in recognition of + his service to the Nation as an athlete, activist, role model, and + community leader. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 27, 2019 + +Mr. Thompson of California (for himself, Mr. Blumenauer, and Mr. Graves + of Georgia) introduced the following bill; which was referred to the + Committee on Financial Services + +_______________________________________________________________________ + + A BILL + + + + To award a Congressional Gold Medal to Greg LeMond, in recognition of + his service to the Nation as an athlete, activist, role model, and + community leader. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Greg LeMond Congressional Gold Medal +Act''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) Gregory James ``Greg'' LeMond was born in Lakewood, + California, on June 26, 1961. + (2) Greg began cycling at the age of 14, winning an + astonishing 11 straight races to begin his career. + (3) Greg took home a full suite of medals at the 1979 + Junior World Championships, including gold, silver, and bronze, + emerging victorious in the road race and placing in both team + and track pursuit events. + (4) At age 18, Greg became the youngest cyclist in the + history of the sport to be selected for the United States Men's + Olympic team. + (5) Greg emerged victorious in the 1980 Circuit de la + Sarthe, becoming the first American in history and the youngest + rider ever to win a major pro-am cycling event on the European + continent. + (6) At age 19, Greg signed his first professional contract. + (7) In 1982, Greg made the first of several remarkable + recoveries, returning from a broken collarbone to win the + silver medal at the world championships in Great Britain. + (8) The Tour de France, the world's preeminent cycling + competition, was first held over a century ago, in 1903. + (9) The Tour de France takes place over 23 days, covering + an extraordinary 2,200 miles, winding through multiple mountain + ranges, spanning multiple nations, and is viewed as comparable + to running a marathon every day for three consecutive weeks. + (10) Greg first competed in the Tour de France in 1984, + finishing third, and finishing second the following year, in + both years deputizing himself to his teammates, sacrificing a + chance to win himself to boost his teammates toward victory. + (11) Greg emerged victorious in the 1986 Tour de France, + ascending the fabled Alpe D'Huez, defeating the field by more + than three full minutes, becoming the first American and the + first non-European to win cycling's most prestigious race. + (12) In 1987, while recovering from a broken wrist and + collarbone, Greg was tragically shot during a turkey hunting + accident, leaving him in intensive care, requiring the removal + of over 40 shotgun pellets from his abdomen, was deemed + unlikely to ever ride a bicycle again, and likely survived only + due to the abnormal strength of his cardiovascular system. + (13) Greg mounted the greatest comeback in the history of + American sports, taking home an astonishing victory at the 1989 + Tour de France, following multiple surgeries, life-threatening + gunshot wounds, tendon repair, and an appendectomy, winning by + eight seconds in the closest finish in the history of the Tour + de France. + (14) Greg would win a third Tour de France victory in 1990. + (15) Greg is the only American to win the Tour de France. + (16) Greg has vocally spoken out to champion healthy sport + amongst athletes of all ages and competition levels. + (17) Greg and his wife, Kathy, are active in numerous + nonprofit causes, including healthy sport, assisting victims of + sexual abuse and various childhood illnesses. + (18) Cycling offers young people a healthy, active, outdoor + hobby. + (19) Greg completed his professional career having won two + World Championships, three Tour de France championships, and + twenty-two titles overall. + (20) More than any other cyclist, Greg personified the + ``breakaway'' culture of American cycling in the 1970s and 80s, + viewed universally as the epitome of a young person on a + bicycle, attempting to accomplish feats no other American had + achieved. + (21) Greg has not only reached the pinnacle of + international sport, but has devoted his time and resources to + assisting his fellow athletes. + (22) Greg has demonstrated the commitment to excellence, + generosity, community, and tenacity that makes him an example + for all to follow. + +SEC. 3. CONGRESSIONAL GOLD MEDAL. + + (a) Presentation Authorized.--The Speaker of the House of +Representatives and the President pro tempore of the Senate shall make +appropriate arrangements for the presentation, on behalf of the +Congress, of a gold medal of appropriate design to Greg LeMond, in +recognition of his contributions to the Nation as an athlete, activist, +role model, and community leader. + (b) Design and Striking.--For purposes of the presentation referred +to in subsection (a), the Secretary of the Treasury (referred to in +this Act as the ``Secretary'') shall strike a gold medal with suitable +emblems, devices, and inscriptions, to be determined by the Secretary. + +SEC. 4. DUPLICATE MEDALS. + + The Secretary may strike and sell duplicates in bronze of the gold +medal struck pursuant to section 3 under such regulations as the +Secretary may prescribe, at a price sufficient to cover the cost +thereof, including labor, materials, dies, use of machinery, and +overhead expenses, and the cost of the gold medal. + +SEC. 5. STATUS OF MEDALS. + + (a) National Medals.--The medals struck pursuant to this Act are +national medals for purposes of chapter 51 of title 31, United States +Code. + (b) Numismatic Items.--For purposes of section 5134 of title 31, +United States Code, all medals struck under this Act shall be +considered to be numismatic items. + \ No newline at end of file From 625013d681647e2165597e1db25398b4dad5735f Mon Sep 17 00:00:00 2001 From: "Rep. Thompson, Mike [D-CA-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 362/984] House-3589: Engrossed in House --- bills_text/House-3589.txt | 61 +++++++++++++++++++++++---------------- 1 file changed, 36 insertions(+), 25 deletions(-) diff --git a/bills_text/House-3589.txt b/bills_text/House-3589.txt index d5bbc68..23dbbe6 100644 --- a/bills_text/House-3589.txt +++ b/bills_text/House-3589.txt @@ -2,25 +2,9 @@ 1st Session H. R. 3589 - To award a Congressional Gold Medal to Greg LeMond, in recognition of - his service to the Nation as an athlete, activist, role model, and - community leader. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 27, 2019 - -Mr. Thompson of California (for himself, Mr. Blumenauer, and Mr. Graves - of Georgia) introduced the following bill; which was referred to the - Committee on Financial Services - _______________________________________________________________________ - A BILL + AN ACT @@ -70,8 +54,8 @@ SEC. 2. FINDINGS. chance to win himself to boost his teammates toward victory. (11) Greg emerged victorious in the 1986 Tour de France, ascending the fabled Alpe D'Huez, defeating the field by more - than three full minutes, becoming the first American and the - first non-European to win cycling's most prestigious race. + than 3 full minutes, becoming the first American and the first + non-European to win cycling's most prestigious race. (12) In 1987, while recovering from a broken wrist and collarbone, Greg was tragically shot during a turkey hunting accident, leaving him in intensive care, requiring the removal @@ -82,8 +66,8 @@ SEC. 2. FINDINGS. American sports, taking home an astonishing victory at the 1989 Tour de France, following multiple surgeries, life-threatening gunshot wounds, tendon repair, and an appendectomy, winning by - eight seconds in the closest finish in the history of the Tour - de France. + 8 seconds in the closest finish in the history of the Tour de + France. (14) Greg would win a third Tour de France victory in 1990. (15) Greg is the only American to win the Tour de France. (16) Greg has vocally spoken out to champion healthy sport @@ -93,9 +77,9 @@ SEC. 2. FINDINGS. sexual abuse and various childhood illnesses. (18) Cycling offers young people a healthy, active, outdoor hobby. - (19) Greg completed his professional career having won two - World Championships, three Tour de France championships, and - twenty-two titles overall. + (19) Greg completed his professional career having won 2 + World Championships, 3 Tour de France championships, and 22 + titles overall. (20) More than any other cyclist, Greg personified the ``breakaway'' culture of American cycling in the 1970s and 80s, viewed universally as the epitome of a young person on a @@ -137,4 +121,31 @@ Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. - \ No newline at end of file + +SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 19, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3589 + +_______________________________________________________________________ + + AN ACT + + To award a Congressional Gold Medal to Greg LeMond, in recognition of + his service to the Nation as an athlete, activist, role model, and + community leader. From 09983f9e5790b750502e09b5311f30dbdf11b913 Mon Sep 17 00:00:00 2001 From: "Rep. Thompson, Mike [D-CA-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 363/984] House-3589: Enrolled --- bills_text/House-3589.txt | 188 +++++++++++++++++--------------------- 1 file changed, 84 insertions(+), 104 deletions(-) diff --git a/bills_text/House-3589.txt b/bills_text/House-3589.txt index 23dbbe6..48e4069 100644 --- a/bills_text/House-3589.txt +++ b/bills_text/House-3589.txt @@ -1,99 +1,99 @@ -116th CONGRESS - 1st Session - H. R. 3589 + H.R.3589 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To award a Congressional Gold Medal to Greg LeMond, in recognition of - his service to the Nation as an athlete, activist, role model, and - community leader. + his service to the Nation as an athlete, activist, role model, and + community leader. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Greg LeMond Congressional Gold Medal Act''. - SEC. 2. FINDINGS. - The Congress finds the following: - (1) Gregory James ``Greg'' LeMond was born in Lakewood, - California, on June 26, 1961. - (2) Greg began cycling at the age of 14, winning an - astonishing 11 straight races to begin his career. - (3) Greg took home a full suite of medals at the 1979 - Junior World Championships, including gold, silver, and bronze, - emerging victorious in the road race and placing in both team - and track pursuit events. - (4) At age 18, Greg became the youngest cyclist in the - history of the sport to be selected for the United States Men's - Olympic team. - (5) Greg emerged victorious in the 1980 Circuit de la - Sarthe, becoming the first American in history and the youngest - rider ever to win a major pro-am cycling event on the European - continent. - (6) At age 19, Greg signed his first professional contract. - (7) In 1982, Greg made the first of several remarkable - recoveries, returning from a broken collarbone to win the - silver medal at the world championships in Great Britain. - (8) The Tour de France, the world's preeminent cycling - competition, was first held over a century ago, in 1903. - (9) The Tour de France takes place over 23 days, covering - an extraordinary 2,200 miles, winding through multiple mountain - ranges, spanning multiple nations, and is viewed as comparable - to running a marathon every day for three consecutive weeks. - (10) Greg first competed in the Tour de France in 1984, - finishing third, and finishing second the following year, in - both years deputizing himself to his teammates, sacrificing a - chance to win himself to boost his teammates toward victory. - (11) Greg emerged victorious in the 1986 Tour de France, - ascending the fabled Alpe D'Huez, defeating the field by more - than 3 full minutes, becoming the first American and the first - non-European to win cycling's most prestigious race. - (12) In 1987, while recovering from a broken wrist and - collarbone, Greg was tragically shot during a turkey hunting - accident, leaving him in intensive care, requiring the removal - of over 40 shotgun pellets from his abdomen, was deemed - unlikely to ever ride a bicycle again, and likely survived only - due to the abnormal strength of his cardiovascular system. - (13) Greg mounted the greatest comeback in the history of - American sports, taking home an astonishing victory at the 1989 - Tour de France, following multiple surgeries, life-threatening - gunshot wounds, tendon repair, and an appendectomy, winning by - 8 seconds in the closest finish in the history of the Tour de - France. - (14) Greg would win a third Tour de France victory in 1990. - (15) Greg is the only American to win the Tour de France. - (16) Greg has vocally spoken out to champion healthy sport - amongst athletes of all ages and competition levels. - (17) Greg and his wife, Kathy, are active in numerous - nonprofit causes, including healthy sport, assisting victims of - sexual abuse and various childhood illnesses. - (18) Cycling offers young people a healthy, active, outdoor - hobby. - (19) Greg completed his professional career having won 2 - World Championships, 3 Tour de France championships, and 22 - titles overall. - (20) More than any other cyclist, Greg personified the - ``breakaway'' culture of American cycling in the 1970s and 80s, - viewed universally as the epitome of a young person on a - bicycle, attempting to accomplish feats no other American had - achieved. - (21) Greg has not only reached the pinnacle of - international sport, but has devoted his time and resources to - assisting his fellow athletes. - (22) Greg has demonstrated the commitment to excellence, - generosity, community, and tenacity that makes him an example - for all to follow. - + (1) Gregory James ``Greg'' LeMond was born in Lakewood, + California, on June 26, 1961. + (2) Greg began cycling at the age of 14, winning an astonishing + 11 straight races to begin his career. + (3) Greg took home a full suite of medals at the 1979 Junior + World Championships, including gold, silver, and bronze, emerging + victorious in the road race and placing in both team and track + pursuit events. + (4) At age 18, Greg became the youngest cyclist in the history + of the sport to be selected for the United States Men's Olympic + team. + (5) Greg emerged victorious in the 1980 Circuit de la Sarthe, + becoming the first American in history and the youngest rider ever + to win a major pro-am cycling event on the European continent. + (6) At age 19, Greg signed his first professional contract. + (7) In 1982, Greg made the first of several remarkable + recoveries, returning from a broken collarbone to win the silver + medal at the world championships in Great Britain. + (8) The Tour de France, the world's preeminent cycling + competition, was first held over a century ago, in 1903. + (9) The Tour de France takes place over 23 days, covering an + extraordinary 2,200 miles, winding through multiple mountain + ranges, spanning multiple nations, and is viewed as comparable to + running a marathon every day for three consecutive weeks. + (10) Greg first competed in the Tour de France in 1984, + finishing third, and finishing second the following year, in both + years deputizing himself to his teammates, sacrificing a chance to + win himself to boost his teammates toward victory. + (11) Greg emerged victorious in the 1986 Tour de France, + ascending the fabled Alpe D'Huez, defeating the field by more than + 3 full minutes, becoming the first American and the first non- + European to win cycling's most prestigious race. + (12) In 1987, while recovering from a broken wrist and + collarbone, Greg was tragically shot during a turkey hunting + accident, leaving him in intensive care, requiring the removal of + over 40 shotgun pellets from his abdomen, was deemed unlikely to + ever ride a bicycle again, and likely survived only due to the + abnormal strength of his cardiovascular system. + (13) Greg mounted the greatest comeback in the history of + American sports, taking home an astonishing victory at the 1989 + Tour de France, following multiple surgeries, life-threatening + gunshot wounds, tendon repair, and an appendectomy, winning by 8 + seconds in the closest finish in the history of the Tour de France. + (14) Greg would win a third Tour de France victory in 1990. + (15) Greg is the only American to win the Tour de France. + (16) Greg has vocally spoken out to champion healthy sport + amongst athletes of all ages and competition levels. + (17) Greg and his wife, Kathy, are active in numerous nonprofit + causes, including healthy sport, assisting victims of sexual abuse + and various childhood illnesses. + (18) Cycling offers young people a healthy, active, outdoor + hobby. + (19) Greg completed his professional career having won 2 World + Championships, 3 Tour de France championships, and 22 titles + overall. + (20) More than any other cyclist, Greg personified the + ``breakaway'' culture of American cycling in the 1970s and 80s, + viewed universally as the epitome of a young person on a bicycle, + attempting to accomplish feats no other American had achieved. + (21) Greg has not only reached the pinnacle of international + sport, but has devoted his time and resources to assisting his + fellow athletes. + (22) Greg has demonstrated the commitment to excellence, + generosity, community, and tenacity that makes him an example for + all to follow. SEC. 3. CONGRESSIONAL GOLD MEDAL. - (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the @@ -104,26 +104,20 @@ role model, and community leader. to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. - SEC. 4. DUPLICATE MEDALS. - The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. - SEC. 5. STATUS OF MEDALS. - (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. - SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -131,21 +125,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 19, 2019. - - Attest: + Speaker of the House of Representatives. - Clerk. -116th CONGRESS - - 1st Session - - H. R. 3589 - -_______________________________________________________________________ - - AN ACT - - To award a Congressional Gold Medal to Greg LeMond, in recognition of - his service to the Nation as an athlete, activist, role model, and - community leader. + Vice President of the United States and + President of the Senate. From 43cc879cfc214f4e465847bb0da55cff158d61ca Mon Sep 17 00:00:00 2001 From: "Rep. Kustoff, David [R-TN-8]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 364/984] House-3680: Introduced to House --- bills_text/House-3680.txt | 46 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 46 insertions(+) create mode 100644 bills_text/House-3680.txt diff --git a/bills_text/House-3680.txt b/bills_text/House-3680.txt new file mode 100644 index 0000000..1362f3a --- /dev/null +++ b/bills_text/House-3680.txt @@ -0,0 +1,46 @@ +116th CONGRESS + 1st Session + H. R. 3680 + + To designate the facility of the United States Postal Service located +at 415 North Main Street in Henning, Tennessee as the ``Paula Robinson + and Judy Spray Memorial Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 10, 2019 + + Mr. Kustoff of Tennessee (for himself, Mr. Fleischmann, Mr. David P. +Roe of Tennessee, Mr. DesJarlais, Mr. Burchett, Mr. Cohen, Mr. Cooper, + Mr. Green of Tennessee, and Mr. John W. Rose of Tennessee) introduced + the following bill; which was referred to the Committee on Oversight + and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 415 North Main Street in Henning, Tennessee as the ``Paula Robinson + and Judy Spray Memorial Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. PAULA ROBINSON AND JUDY SPRAY MEMORIAL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located 415 North Main Street in Henning, Tennessee, shall be known and +designated as the ``Paula Robinson and Judy Spray Memorial Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Paula +Robinson and Judy Spray Memorial Post Office''. + \ No newline at end of file From 8cb2b55daa78bd3cba4ee292a0755de07a7a40d5 Mon Sep 17 00:00:00 2001 From: "Rep. Kustoff, David [R-TN-8]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 365/984] House-3680: Engrossed in House --- bills_text/House-3680.txt | 55 ++++++++++++++++++++------------------- 1 file changed, 28 insertions(+), 27 deletions(-) diff --git a/bills_text/House-3680.txt b/bills_text/House-3680.txt index 1362f3a..e4b0a8e 100644 --- a/bills_text/House-3680.txt +++ b/bills_text/House-3680.txt @@ -1,46 +1,47 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3680 - To designate the facility of the United States Postal Service located -at 415 North Main Street in Henning, Tennessee as the ``Paula Robinson - and Judy Spray Memorial Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - July 10, 2019 - - Mr. Kustoff of Tennessee (for himself, Mr. Fleischmann, Mr. David P. -Roe of Tennessee, Mr. DesJarlais, Mr. Burchett, Mr. Cohen, Mr. Cooper, - Mr. Green of Tennessee, and Mr. John W. Rose of Tennessee) introduced - the following bill; which was referred to the Committee on Oversight - and Reform - _______________________________________________________________________ - A BILL + AN ACT To designate the facility of the United States Postal Service located -at 415 North Main Street in Henning, Tennessee as the ``Paula Robinson - and Judy Spray Memorial Post Office Building''. + at 415 North Main Street in Henning, Tennessee, as the ``Paula Croom + Robinson and Judy Spray Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, -SECTION 1. PAULA ROBINSON AND JUDY SPRAY MEMORIAL POST OFFICE BUILDING. +SECTION 1. PAULA CROOM ROBINSON AND JUDY SPRAY MEMORIAL POST OFFICE + BUILDING. (a) Designation.--The facility of the United States Postal Service located 415 North Main Street in Henning, Tennessee, shall be known and -designated as the ``Paula Robinson and Judy Spray Memorial Post Office -Building''. +designated as the ``Paula Croom Robinson and Judy Spray Memorial Post +Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Paula -Robinson and Judy Spray Memorial Post Office''. - \ No newline at end of file +Croom Robinson and Judy Spray Memorial Post Office''. + + Passed the House of Representatives September 30, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3680 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 415 North Main Street in Henning, Tennessee, as the ``Paula Croom + Robinson and Judy Spray Memorial Post Office Building''. From f89565320f881645a1f6a89073a454fbe7d33fa9 Mon Sep 17 00:00:00 2001 From: "Rep. Kustoff, David [R-TN-8]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 366/984] House-3680: Enrolled --- bills_text/House-3680.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-3680.txt b/bills_text/House-3680.txt index e4b0a8e..5e91fcf 100644 --- a/bills_text/House-3680.txt +++ b/bills_text/House-3680.txt @@ -1,23 +1,30 @@ -116th CONGRESS - 2d Session - H. R. 3680 + H.R.3680 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 415 North Main Street in Henning, Tennessee, as the ``Paula Croom +To designate the facility of the United States Postal Service located at + 415 North Main Street in Henning, Tennessee, as the ``Paula Croom Robinson and Judy Spray Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. PAULA CROOM ROBINSON AND JUDY SPRAY MEMORIAL POST OFFICE - BUILDING. - +BUILDING. (a) Designation.--The facility of the United States Postal Service located 415 North Main Street in Henning, Tennessee, shall be known and designated as the ``Paula Croom Robinson and Judy Spray Memorial Post @@ -27,21 +34,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Paula Croom Robinson and Judy Spray Memorial Post Office''. - Passed the House of Representatives September 30, 2020. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3680 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located - at 415 North Main Street in Henning, Tennessee, as the ``Paula Croom - Robinson and Judy Spray Memorial Post Office Building''. + Vice President of the United States and + President of the Senate. From 6b179fa73e21079728872f26e167d6bcb19e15a7 Mon Sep 17 00:00:00 2001 From: "Rep. McEachin, A. Donald [D-VA-4]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 367/984] House-3847: Introduced to House --- bills_text/House-3847.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-3847.txt diff --git a/bills_text/House-3847.txt b/bills_text/House-3847.txt new file mode 100644 index 0000000..e5b1c95 --- /dev/null +++ b/bills_text/House-3847.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 3847 + + To designate the facility of the United States Postal Service located + at 117 West Poythress Street in Hopewell, Virginia, as the ``Reverend + Curtis West Harris Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 18, 2019 + + Mr. McEachin (for himself, Mr. Wittman, Mrs. Luria, Mr. Scott of + Virginia, Mr. Riggleman, Mr. Cline, Ms. Spanberger, Mr. Beyer, Mr. +Griffith, Ms. Wexton, and Mr. Connolly) introduced the following bill; + which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 117 West Poythress Street in Hopewell, Virginia, as the ``Reverend + Curtis West Harris Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. REVEREND CURTIS WEST HARRIS POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located 117 West Poythress Street in Hopewell, Virginia, shall be known +and designated as the ``Reverend Curtis West Harris Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Reverend +Curtis West Harris Post Office Building''. + \ No newline at end of file From 3890333f8d800a7bd10888d105c6319f7a4e0db8 Mon Sep 17 00:00:00 2001 From: "Rep. McEachin, A. Donald [D-VA-4]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 368/984] House-3847: Engrossed in House --- bills_text/House-3847.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-3847.txt b/bills_text/House-3847.txt index e5b1c95..a7bfb57 100644 --- a/bills_text/House-3847.txt +++ b/bills_text/House-3847.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3847 - To designate the facility of the United States Postal Service located - at 117 West Poythress Street in Hopewell, Virginia, as the ``Reverend - Curtis West Harris Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - July 18, 2019 - - Mr. McEachin (for himself, Mr. Wittman, Mrs. Luria, Mr. Scott of - Virginia, Mr. Riggleman, Mr. Cline, Ms. Spanberger, Mr. Beyer, Mr. -Griffith, Ms. Wexton, and Mr. Connolly) introduced the following bill; - which was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -42,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Reverend Curtis West Harris Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3847 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 117 West Poythress Street in Hopewell, Virginia, as the ``Reverend + Curtis West Harris Post Office Building''. From 79d9426e728ca3625a3b9fb9fa66fadb6b11ec84 Mon Sep 17 00:00:00 2001 From: "Rep. McEachin, A. Donald [D-VA-4]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 369/984] House-3847: Enrolled --- bills_text/House-3847.txt | 45 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-3847.txt b/bills_text/House-3847.txt index a7bfb57..400cff1 100644 --- a/bills_text/House-3847.txt +++ b/bills_text/House-3847.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 3847 + H.R.3847 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 117 West Poythress Street in Hopewell, Virginia, as the ``Reverend +To designate the facility of the United States Postal Service located at + 117 West Poythress Street in Hopewell, Virginia, as the ``Reverend Curtis West Harris Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. REVEREND CURTIS WEST HARRIS POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located 117 West Poythress Street in Hopewell, Virginia, shall be known and designated as the ``Reverend Curtis West Harris Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Reverend Curtis West Harris Post Office Building''. - Passed the House of Representatives September 14, 2020. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3847 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located - at 117 West Poythress Street in Hopewell, Virginia, as the ``Reverend - Curtis West Harris Post Office Building''. + Vice President of the United States and + President of the Senate. From 92d6d390d47404d48b51fc960e0ef501a97f0121 Mon Sep 17 00:00:00 2001 From: "Rep. Espaillat, Adriano [D-NY-13]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 370/984] House-3870: Introduced to House --- bills_text/House-3870.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-3870.txt diff --git a/bills_text/House-3870.txt b/bills_text/House-3870.txt new file mode 100644 index 0000000..3ccd606 --- /dev/null +++ b/bills_text/House-3870.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 3870 + + To designate the facility of the United States Postal Service located + at 511 West 165th Street in New York, New York, as the ``Normandia + Maldonado Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 22, 2019 + + Mr. Espaillat (for himself, Mr. Rose of New York, Mr. Morelle, Ms. +Stefanik, Mr. Suozzi, Ms. Meng, Mr. Serrano, and Mrs. Lowey) introduced + the following bill; which was referred to the Committee on Oversight + and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 511 West 165th Street in New York, New York, as the ``Normandia + Maldonado Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. NORMANDIA MALDONADO POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 511 West 165th Street in New York, New York, shall be known +and designated as the ``Normandia Maldonado Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Normandia +Maldonado Post Office Building''. + \ No newline at end of file From a703a947c48ddc2c9a3805f8a903ae846c178903 Mon Sep 17 00:00:00 2001 From: "Rep. Espaillat, Adriano [D-NY-13]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 371/984] House-3870: Engrossed in House --- bills_text/House-3870.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-3870.txt b/bills_text/House-3870.txt index 3ccd606..97d6291 100644 --- a/bills_text/House-3870.txt +++ b/bills_text/House-3870.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3870 - To designate the facility of the United States Postal Service located - at 511 West 165th Street in New York, New York, as the ``Normandia - Maldonado Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - July 22, 2019 - - Mr. Espaillat (for himself, Mr. Rose of New York, Mr. Morelle, Ms. -Stefanik, Mr. Suozzi, Ms. Meng, Mr. Serrano, and Mrs. Lowey) introduced - the following bill; which was referred to the Committee on Oversight - and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -41,4 +24,22 @@ and designated as the ``Normandia Maldonado Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Normandia Maldonado Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3870 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 511 West 165th Street in New York, New York, as the ``Normandia + Maldonado Post Office Building''. From 1e05af9bf01a8b022848d3fc5c7e9626dce0af34 Mon Sep 17 00:00:00 2001 From: "Rep. Espaillat, Adriano [D-NY-13]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 372/984] House-3870: Enrolled --- bills_text/House-3870.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-3870.txt b/bills_text/House-3870.txt index 97d6291..4d1fb1d 100644 --- a/bills_text/House-3870.txt +++ b/bills_text/House-3870.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 3870 + H.R.3870 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 511 West 165th Street in New York, New York, as the ``Normandia - Maldonado Post Office Building''. +To designate the facility of the United States Postal Service located at + 511 West 165th Street in New York, New York, as the ``Normandia + Maldonado Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. NORMANDIA MALDONADO POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 511 West 165th Street in New York, New York, shall be known and designated as the ``Normandia Maldonado Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Normandia Maldonado Post Office Building''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3870 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 511 West 165th Street in New York, New York, as the ``Normandia - Maldonado Post Office Building''. + Vice President of the United States and + President of the Senate. From 2968931442b9959d8d57845a5333940a0c3bc76f Mon Sep 17 00:00:00 2001 From: "Rep. Yarmuth, John A. [D-KY-3]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 373/984] House-3877: Introduced to House --- bills_text/House-3877.txt | 575 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 575 insertions(+) create mode 100644 bills_text/House-3877.txt diff --git a/bills_text/House-3877.txt b/bills_text/House-3877.txt new file mode 100644 index 0000000..4c696c0 --- /dev/null +++ b/bills_text/House-3877.txt @@ -0,0 +1,575 @@ +116th CONGRESS + 1st Session + H. R. 3877 + +To amend the Balanced Budget and Emergency Deficit Control Act of 1985, +to establish a congressional budget for fiscal years 2020 and 2021, to + temporarily suspend the debt limit, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 23, 2019 + + Mr. Yarmuth (for himself and Mr. Neal) introduced the following bill; + which was referred to the Committee on the Budget, and in addition to + the Committees on Rules, and Ways and Means, for a period to be +subsequently determined by the Speaker, in each case for consideration + of such provisions as fall within the jurisdiction of the committee + concerned + +_______________________________________________________________________ + + A BILL + + + +To amend the Balanced Budget and Emergency Deficit Control Act of 1985, +to establish a congressional budget for fiscal years 2020 and 2021, to + temporarily suspend the debt limit, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Bipartisan Budget Act of 2019''. + + TITLE I--BUDGET ENFORCEMENT + +SEC. 101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT + CONTROL ACT OF 1985. + + (a) Revised Discretionary Spending Limits.--Section 251(c) of the +Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. +901(c)) is amended by striking paragraphs (7) and (8) and inserting the +following: + ``(7) for fiscal year 2020-- + ``(A) for the revised security category, + $666,500,000,000 in new budget authority; and + ``(B) for the revised nonsecurity category, + $621,500,000,000 in new budget authority; and + ``(8) for fiscal year 2021-- + ``(A) for the revised security category, + $671,500,000,000 in new budget authority; and + ``(B) for the revised nonsecurity category, + $626,500,000,000 in new budget authority;''. + (b) Overseas Contingency Operations Amounts.--In fiscal years 2020 +and 2021, the adjustments under section 251(b)(2)(A) of the Balanced +Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. +901(b)(2)(A)) for Overseas Contingency Operations/Global War on +Terrorism appropriations will be as follows: + (1) For the revised nonsecurity category-- + (A) for fiscal year 2020, $8,000,000,000; and + (B) for fiscal year 2021, $8,000,000,000. + (2) For the revised security category-- + (A) for fiscal year 2020, $71,500,000,000; and + (B) for fiscal year 2021, $69,000,000,000. +This subsection shall not affect the applicability of section +251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act +of 1985. + (c) New Adjustment for the U.S. Census for 2020.--Section 251(b)(2) +of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 +U.S.C. 901(b)(2)) is amended by adding at the end the following new +subparagraph: + ``(G) The 2020 census.--If, for fiscal year 2020, + appropriations for the Periodic Censuses and Programs + account of the Bureau of the Census of the Department + of Commerce are enacted that the Congress designates in + statute as being for the 2020 Census, then the + adjustment for that fiscal year shall be the total of + such appropriations for that fiscal year designated as + being for the 2020 Census, but shall not exceed + $2,500,000,000.''. + (d) Direct Spending Adjustments for Fiscal Years 2020 and 2021.-- +Section 251A of the Balanced Budget and Emergency Deficit Control Act +of 1985 (2 U.S.C. 901a), is amended-- + (1) in paragraph (5)(B), in the matter preceding clause + (i), by striking ``and (12)'' and inserting ``(12), and (13)''; + and + (2) by adding at the end the following: + ``(13) Implementing direct spending reductions for fiscal + years 2020 and 2021.--(A) OMB shall make the calculations + necessary to implement the direct spending reductions + calculated pursuant to paragraphs (3) and (4) without regard to + the amendment made to section 251(c) revising the discretionary + spending limits for fiscal years 2020 and 2021 by the + Bipartisan Budget Act of 2019. + ``(B) Paragraph (5)(B) shall not be implemented for fiscal + years 2020 and 2021.''. + +SEC. 102. BALANCES ON THE PAYGO SCORECARDS. + + Effective on the date of the enactment of this Act, the balances on +the PAYGO scorecards established pursuant to paragraphs (4) and (5) of +section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. +933(d)) shall be zero. + + TITLE II--ESTABLISHING A CONGRESSIONAL BUDGET + +SEC. 201. ADJUSTMENT AUTHORITY FOR FISCAL YEAR 2020 BUDGET RESOLUTION + IN THE HOUSE OF REPRESENTATIVES. + + Upon the date of the enactment of this Act-- + (1) the Chair of the Committee on the Budget of the House + of Representatives may adjust the allocations, aggregates, and + other budgetary levels included in the statement referred to in + section 1(b) of House Resolution 293 (116th Congress) + consistent with this Act; and + (2) subsections (e), (f), and (g) of section 1 of House + Resolution 293 (116th Congress) shall have no force or effect + through the remainder of the One Hundred Sixteenth Congress. + +SEC. 202. AUTHORITY FOR FISCAL YEAR 2021 BUDGET RESOLUTION IN THE HOUSE + OF REPRESENTATIVES. + + (a) Fiscal Year 2021.--If a concurrent resolution on the budget for +fiscal year 2021 has not been adopted by April 15, 2020, for the +purpose of enforcing the Congressional Budget Act of 1974 for fiscal +year 2021, the allocations, aggregates, and levels provided for in +subsection (b) shall apply in the House of Representatives after April +15, 2020, in the same manner as for a concurrent resolution on the +budget for fiscal year 2021 with appropriate budgetary levels for +fiscal year 2021 and for fiscal years 2022 through 2030. + (b) Committee Allocations, Aggregates, and Levels.--In the House of +Representatives, the Chair of the Committee on the Budget shall submit +a statement for publication in the Congressional Record after April 15, +2020, but not later than May 15, 2020, containing-- + (1) for the Committee on Appropriations, committee + allocations for fiscal year 2021 consistent with discretionary + spending limits set forth in section 251(c)(8) of the Balanced + Budget and Emergency Deficit Control Act of 1985, as amended by + this Act, and the outlays flowing therefrom, and committee + allocations for fiscal year 2021 for current law mandatory + budget authority and outlays, for the purpose of enforcing + section 302 of the Congressional Budget Act of 1974; + (2) for all committees of the House of Representatives + other than the Committee on Appropriations, committee + allocations for fiscal year 2021 and for the period of fiscal + years 2021 through 2030 consistent with the most recent + baseline of the Congressional Budget Office, as adjusted, to + the extent practicable, for the budgetary effects of any + provision of law enacted during the period beginning on the + date such baseline is issued and ending on the date of + submission of such statement, for the purpose of enforcing + section 302 of the Congressional Budget Act of 1974; + (3) aggregate spending levels for fiscal year 2021 in + accordance with the allocations established under paragraphs + (1) and (2), for the purpose of enforcing section 311 of the + Congressional Budget Act of 1974; and + (4) aggregate revenue levels for fiscal year 2021 and for + the period of fiscal years 2021 through 2030 consistent with + the most recent baseline of the Congressional Budget Office, as + adjusted, to the extent practicable, for the budgetary effects + of any provision of law enacted during the period beginning on + the date such baseline is issued and ending on the date of + submission of such statement, for the purpose of enforcing + section 311 of the Congressional Budget Act of 1974. + (c) Additional Matter.--The statement referred to in subsection (b) +may also include for fiscal year 2021 the matter contained in the +provisions referred to in subsection (e). + (d) Adjustments.--The Chair of the Committee on the Budget of the +House of Representatives may adjust the allocations, aggregates, and +other budgetary levels included in the statement referred to in +subsection (b)-- + (1) to reflect changes resulting from the Congressional + Budget Office's updates to its baseline for fiscal years 2021 + through 2030; or + (2) for any bill, joint resolution, amendment, or + conference report by the amounts provided in such measure if + such measure would not increase the deficit for either of the + following time periods: fiscal year 2021 to fiscal year 2025 or + fiscal year 2021 to fiscal year 2030. + (e) Application.-- + (1) Upon submission of the statement referred to in + subsection (b), all references to allocations, aggregates, or + other appropriate levels in ``this concurrent resolution'' in + sections 5201, 5202, and 5203 of the House Concurrent + Resolution 71 (115th Congress), specified in section + 30104(f)(1) of the Bipartisan Budget Act of 2018, and continued + in effect by section 103(m) of House Resolution 6 (116th + Congress) and section 1(h)(1) of House Resolution 293 (116th + Congress), shall be treated for all purposes in the House of + Representatives as references to the allocations, aggregates, + or other appropriate levels contained in the statement referred + to in subsection (b), as adjusted in accordance with this or + any other Act. + (2) The provisions of House Concurrent Resolution 71 (115th + Congress), specified in section 30104(f)(1) of the Bipartisan + Budget Act of 2018, shall have no force or effect in the House + of Representatives except for the sections of such concurrent + resolution identified in paragraph (1). + (f) Expiration.--Subsections (a) through (e) shall no longer apply +if a concurrent resolution on the budget for fiscal year 2021 is agreed +to by the Senate and House of Representatives. + +SEC. 203. LIMITATION ON ADVANCE APPROPRIATIONS IN THE HOUSE OF + REPRESENTATIVES. + + (a) In General.--In the House of Representatives, except as +provided in subsection (b), any general appropriation bill or bill or +joint resolution continuing appropriations, or amendment thereto or +conference report thereon, may not provide an advance appropriation. + (b) Exceptions.--An advance appropriation may be provided for +programs, activities or accounts identified in lists submitted for +printing in the Congressional Record by the Chair of the Committee on +the Budget-- + (1) for fiscal year 2022, under the heading ``Accounts + Identified for Advance Appropriations'' in an aggregate amount + not to exceed $28,852,000,000 in new budget authority, and for + fiscal year 2023, accounts separately identified under the same + heading; and + (2) for fiscal year 2022, under the heading ``Veterans + Accounts Identified for Advance Appropriations''. + (c) Definition.--The term ``advance appropriation'' means any new +discretionary budget authority provided in a general appropriation bill +or bill or joint resolution continuing appropriations for fiscal year +2021, or any amendment thereto or conference report thereon, that first +becomes available following fiscal year 2021. + (d) Expiration.--The preceding subsections of this section shall +expire if a concurrent resolution on the budget for fiscal year 2021 is +agreed to by the Senate and the House of Representatives pursuant to +section 301 of the Congressional Budget Act of 1974. + +SEC. 204. AUTHORITY FOR FISCAL YEAR 2020 BUDGET RESOLUTION IN THE + SENATE. + + (a) Fiscal Year 2020.--For the purpose of enforcing the +Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) and enforcing +budgetary points of order in prior concurrent resolutions on the +budget, the allocations, aggregates, and levels provided for in +subsection (b) shall apply in the Senate in the same manner as for a +concurrent resolution on the budget for fiscal year 2020 with +appropriate budgetary levels for fiscal year 2020 and for fiscal years +2021 through 2029. + (b) Committee Allocations, Aggregates, and Levels.--The Chairman of +the Committee on the Budget of the Senate shall submit a statement for +publication in the Congressional Record as soon as practicable after +the date of enactment of this Act that includes-- + (1) for the Committee on Appropriations of the Senate, + committee allocations for fiscal year 2020 consistent with the + discretionary spending limits set forth in section 251(c) of + the Balanced Budget and Emergency Deficit Control Act of 1985, + as amended by this Act, for the purpose of enforcing section + 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); + (2) for all committees other than the Committee on + Appropriations, committee allocations for fiscal years 2020, + 2020 through 2024, and 2020 through 2029 consistent with the + May 2019 baseline of the Congressional Budget Office, as + adjusted for the budgetary effects of any provision of law + enacted during the period beginning on the date such baseline + was issued and ending on the date of submission of such + statement, for the purpose of enforcing section 302 of the + Congressional Budget Act of 1974 (2 U.S.C. 633); + (3) aggregate spending levels for fiscal year 2020 in + accordance with the allocations established under paragraphs + (1) and (2), for the purpose of enforcing section 311 of the + Congressional Budget Act of 1974 (2 U.S.C. 642); + (4) aggregate revenue levels for fiscal years 2020, 2020 + through 2024, and 2020 through 2029 consistent with the May + 2019 baseline of the Congressional Budget Office, as adjusted + for the budgetary effects of any provision of law enacted + during the period beginning on the date such baseline was + issued and ending on the date of submission of such statement, + for the purpose of enforcing section 311 of the Congressional + Budget Act of 1974 (2 U.S.C. 642); and + (5) levels of Social Security revenues and outlays for + fiscal years 2020, 2020 through 2024, and 2020 through 2029 + consistent with the May 2019 baseline of the Congressional + Budget Office, as adjusted for the budgetary effects of any + provision of law enacted during the period beginning on the + date such baseline was issued and ending on the date of + submission of such statement, for the purpose of enforcing + sections 302 and 311 of the Congressional Budget Act of 1974 (2 + U.S.C. 633, 642). + (c) Additional Matter.--The filing referred to in subsection (b) +may also include for fiscal year 2020 the deficit-neutral reserve funds +in title III of H. Con. Res. 71 (115th Congress), the concurrent +resolution on the budget for fiscal year 2018, updated by two fiscal +years. + (d) Expiration.--This section shall expire if a concurrent +resolution on the budget for fiscal year 2020 is agreed to by the +Senate and the House of Representatives pursuant to section 301 of the +Congressional Budget Act of 1974 (2 U.S.C. 632). + +SEC. 205. AUTHORITY FOR FISCAL YEAR 2021 BUDGET RESOLUTION IN THE + SENATE. + + (a) Fiscal Year 2021.--For the purpose of enforcing the +Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), after April +15, 2020, and enforcing budgetary points of order in prior concurrent +resolutions on the budget, the allocations, aggregates, and levels +provided for in subsection (b) shall apply in the Senate in the same +manner as for a concurrent resolution on the budget for fiscal year +2021 with appropriate budgetary levels for fiscal year 2021 and for +fiscal years 2022 through 2030. + (b) Committee Allocations, Aggregates, and Levels.--After April 15, +2020, but not later than May 15, 2020, the Chairman of the Committee on +the Budget of the Senate shall file-- + (1) for the Committee on Appropriations of the Senate, + committee allocations for fiscal year 2021 consistent with the + discretionary spending limits set forth in section 251(c) of + the Balanced Budget and Emergency Deficit Control Act of 1985, + as amended by this Act, for the purpose of enforcing section + 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); + (2) for all committees other than the Committee on + Appropriations, committee allocations for fiscal years 2021, + 2021 through 2025, and 2021 through 2030 consistent with the + most recent baseline of the Congressional Budget Office, as + adjusted for the budgetary effects of any provision of law + enacted during the period beginning on the date such baseline + is issued and ending on the date of submission of such + statement, for the purpose of enforcing section 302 of the + Congressional Budget Act of 1974 (2 U.S.C. 642); + (3) aggregate spending levels for fiscal year 2021 in + accordance with the allocations established under paragraphs + (1) and (2), for the purpose of enforcing section 311 of the + Congressional Budget Act of 1974 (2 U.S.C. 642); + (4) aggregate revenue levels for fiscal years 2021, 2021 + through 2025, and 2021 through 2030 consistent with the most + recent baseline of the Congressional Budget Office, as adjusted + for the budgetary effects of any provision of law enacted + during the period beginning on the date such baseline is issued + and ending on the date of submission of such statement, for the + purpose of enforcing section 311 of the Congressional Budget + Act of 1974 (2 U.S.C. 642); and + (5) levels of Social Security revenues and outlays for + fiscal years 2021, 2021 through 2025, and 2021 through 2030 + consistent with the most recent baseline of the Congressional + Budget Office, as adjusted for the budgetary effects of any + provision of law enacted during the period beginning on the + date such baseline is issued and ending on the date of + submission of such statement, for the purpose of enforcing + sections 302 and 311 of the Congressional Budget Act of 1974 (2 + U.S.C. 633, 642). + (c) Additional Matter.--The filing referred to in subsection (b) +may also include for fiscal year 2021 the deficit-neutral reserve funds +in title III of H. Con. Res. 71 (115th Congress), the concurrent +resolution on the budget for fiscal year 2018, updated by three fiscal +years. + (d) Expiration.--This section shall expire if a concurrent +resolution on the budget for fiscal year 2021 is agreed to by the +Senate and the House of Representatives pursuant to section 301 of the +Congressional Budget Act of 1974 (2 U.S.C. 632). + +SEC. 206. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE. + + (a) Point of Order Against Advance Appropriations in the Senate.-- + (1) In general.-- + (A) Point of order.--Except as provided in + paragraph (2), it shall not be in order in the Senate + to consider any bill, joint resolution, motion, + amendment, amendment between the Houses, or conference + report that would provide an advance appropriation for + a discretionary account. + (B) Definition.--In this subsection, the term + ``advance appropriation'' means any new budget + authority provided in a bill or joint resolution making + appropriations for fiscal year 2020 that first becomes + available for any fiscal year after 2020 or any new + budget authority provided in a bill or joint resolution + making appropriations for fiscal year 2021 that first + becomes available for any fiscal year after 2021. + (2) Exceptions.--Advance appropriations may be provided-- + (A) for fiscal years 2021 and 2022 for programs, + projects, activities, or accounts identified in a + statement submitted to the Congressional Record by the + Chairman of the Committee on the Budget of the Senate + under the heading ``Accounts Identified for Advance + Appropriations'' in an aggregate amount not to exceed + $28,852,000,000 in new budget authority in each fiscal + year; + (B) for the Corporation for Public Broadcasting; + and + (C) for the Department of Veterans Affairs for the + Medical Services, Medical Support and Compliance, + Veterans Medical Community Care, and Medical Facilities + accounts of the Veterans Health Administration. + (3) Supermajority waiver and appeal.-- + (A) Waiver.--In the Senate, paragraph (1) may be + waived or suspended only by an affirmative vote of + three-fifths of the Members, duly chosen and sworn. + (B) Appeal.--An affirmative vote of three-fifths of + the Members of the Senate, duly chosen and sworn, shall + be required to sustain an appeal of the ruling of the + Chair on a point of order raised under paragraph (1). + (4) Form of point of order.--A point of order under + paragraph (1) may be raised by a Senator as provided in section + 313(e) of the Congressional Budget Act of 1974 (2 U.S.C. + 644(e)). + (5) Conference reports.--When the Senate is considering a + conference report on, or an amendment between the Houses in + relation to, a bill or joint resolution, upon a point of order + being made by any Senator pursuant to this subsection, and such + point of order being sustained, such material contained in such + conference report or amendment between the Houses shall be + stricken, and the Senate shall proceed to consider the question + of whether the Senate shall recede from its amendment and + concur with a further amendment, or concur in the House + amendment with a further amendment, as the case may be, which + further amendment shall consist of only that portion of the + conference report or House amendment, as the case may be, not + so stricken. Any such motion in the Senate shall be debatable. + In any case in which such point of order is sustained against a + conference report (or Senate amendment derived from such + conference report by operation of this paragraph), no further + amendment shall be in order. + (b) Sunset.--Subsection (a) shall terminate on the date on which a +concurrent resolution on the budget for fiscal year 2021 is agreed to +by the Senate and House of Representatives pursuant to section 301 of +the Congressional Budget Act of 1974 (2 U.S.C. 632). + +SEC. 207. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PROGRAMS + IN THE SENATE. + + (a) Definition.--In this section, the term ``CHIMP'' means a +provision that-- + (1) would have been estimated as affecting direct spending + or receipts under section 252 of the Balanced Budget and + Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as in + effect prior to September 30, 2002) if the provision was + included in legislation other than appropriation Acts; and + (2) results in a net decrease in budget authority in the + budget year, but does not result in a net decrease in outlays + over the period of the total of the current year, the budget + year, and all fiscal years covered under the most recently + adopted concurrent resolution on the budget. + (b) Point of Order in the Senate.-- + (1) In general.--It shall not be in order in the Senate to + consider a bill or joint resolution making appropriations for a + full fiscal year, or an amendment thereto, amendment between + the Houses in relation thereto, conference report thereon, or + motion thereon, that includes a CHIMP that, if enacted, would + cause the absolute value of the total budget authority of all + such CHIMPs enacted in relation to a full fiscal year to be + more than the amount specified in paragraph (2). + (2) Amount.--The amount specified in this paragraph is, for + fiscal year 2021, $15,000,000,000. + (c) Determination.--For purposes of this section, budgetary levels +shall be determined on the basis of estimates provided by the Chairman +of the Committee on the Budget of the Senate. + (d) Supermajority Waiver and Appeal in the Senate.--In the Senate, +subsection (b) may be waived or suspended only by an affirmative vote +of three-fifths of the Members, duly chosen and sworn. An affirmative +vote of three-fifths of the Members of the Senate, duly chosen and +sworn, shall be required to sustain an appeal of the ruling of the +Chair on a point of order raised under subsection (b). + +SEC. 208. POINT OF ORDER AGAINST DESIGNATION OF FUNDS FOR OVERSEAS + CONTINGENCY OPERATIONS IN THE SENATE. + + (a) Point of Order.--When the Senate is considering a bill, joint +resolution, motion, amendment, amendment between the Houses, or +conference report, if a point of order is made by a Senator against a +provision that designates funds for fiscal years 2020 or 2021 for +overseas contingency operations, in accordance with section +251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act +of 1985 (2 U.S.C. 901(b)(2)(A)), and the point of order is sustained by +the Chair, that provision shall be stricken from the measure and may +not be offered as an amendment from the floor. + (b) Form of the Point of Order.--A point of order under subsection +(a) may be raised by a Senator as provided in section 313(e) of the +Congressional Budget Act of 1974 (2 U.S.C. 644(e)). + (c) Conference Reports.--When the Senate is considering a +conference report on, or an amendment between the Houses in relation +to, a bill or joint resolution, upon a point of order being made by any +Senator pursuant to subsection (a), and such point of order being +sustained, such material contained in such conference report or House +amendment shall be stricken, and the Senate shall proceed to consider +the question of whether the Senate shall recede from its amendment and +concur with a further amendment, or concur in the House amendment with +a further amendment, as the case may be, which further amendment shall +consist of only that portion of the conference report or House +amendment, as the case may be, not so stricken. Any such motion in the +Senate shall be debatable. In any case in which such point of order is +sustained against a conference report (or Senate amendment derived from +such conference report by operation of this subsection), no further +amendment shall be in order. + (d) Supermajority Waiver and Appeal.--In the Senate, this section +may be waived or suspended only by an affirmative vote of three-fifths +of the Members, duly chosen and sworn. An affirmative vote of three- +fifths of Members of the Senate, duly chosen and sworn shall be +required to sustain an appeal of the ruling of the Chair on a point of +order raised under this section. + (e) Suspension of Point of Order.--This section shall not apply if +a declaration of war by Congress is in effect. + +SEC. 209. EXERCISE OF RULEMAKING POWERS. + + The sections of this title are enacted by the Congress-- + (1) as an exercise of the rulemaking power of the House of + Representatives and the Senate, respectively, and as such they + shall be considered as part of the rules of each House, + respectively, or of that House to which they specifically + apply, and such rules shall supersede other rules only to the + extent that they are inconsistent therewith; and + (2) with full recognition of the constitutional right of + either House to change such rules (so far as relating to such + House) at any time, in the same manner, and to the same extent + as in the case of any other rule of such House. + + TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT + +SEC. 301. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT. + + (a) In General.--Section 3101(b) of title 31, United States Code, +shall not apply for the period beginning on the date of the enactment +of this Act and ending on July 31, 2021. + (b) Special Rule Relating to Obligations Issued During Extension +Period.--Effective on August 1, 2021, the limitation in effect under +section 3101(b) of title 31, United States Code, shall be increased to +the extent that-- + (1) the face amount of obligations issued under chapter 31 + of such title and the face amount of obligations whose + principal and interest are guaranteed by the United States + Government (except guaranteed obligations held by the Secretary + of the Treasury) outstanding on August 1, 2021, exceeds + (2) the face amount of such obligations outstanding on the + date of the enactment of this Act. + (c) Extension Limited to Necessary Obligations.--An obligation +shall not be taken into account under subsection (b)(1) unless the +issuance of such obligation was necessary to fund a commitment incurred +pursuant to law by the Federal Government that required payment before +August 1, 2021. + + TITLE IV--OFFSETS + +SEC. 401. CUSTOMS USER FEES. + + (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus +Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- + (1) in subparagraph (A), by striking ``October 20, 2027'' + and inserting ``September 30, 2029''; and + (2) in subparagraph (B)(i), by striking ``September 30, + 2027'' and inserting ``September 30, 2029''. + (b) Rate for Merchandise Processing Fees.--Section 503 of the +United States-Korea Free Trade Agreement Implementation Act (Public Law +112-41; 19 U.S.C. 3805 note) is amended by striking ``May 26, 2027'' +and inserting ``September 30, 2029''. + +SEC. 402. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL YEAR + 2029. + + Section 251A(6) of the Balanced Budget and Emergency Deficit +Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- + (1) in subparagraph (B), in the matter preceding clause + (i), by striking ``fiscal years 2022 through 2027'' and + inserting ``fiscal years 2022 through 2029''; and + (2) in subparagraph (C), in the matter preceding clause + (i), by striking ``fiscal year 2027'' and inserting ``fiscal + year 2029''. + + TITLE V--BUDGETARY EFFECTS + +SEC. 501. BUDGETARY EFFECTS. + + (a) In General.--The budgetary effects of this Act shall not be +entered on either PAYGO scorecard maintained pursuant to section 4(d) +of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). + (b) Senate PAYGO Scorecards.--The budgetary effects of this Act +shall not be entered on any PAYGO scorecard maintained for purposes of +section 4106 of H. Con. Res. 71 (115th Congress). + \ No newline at end of file From 8968e145c202c7799f8b093659b0cda086628853 Mon Sep 17 00:00:00 2001 From: "Rep. Yarmuth, John A. [D-KY-3]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 374/984] House-3877: Engrossed in House --- bills_text/House-3877.txt | 41 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 21 deletions(-) diff --git a/bills_text/House-3877.txt b/bills_text/House-3877.txt index 4c696c0..b95f83d 100644 --- a/bills_text/House-3877.txt +++ b/bills_text/House-3877.txt @@ -2,28 +2,9 @@ 1st Session H. R. 3877 -To amend the Balanced Budget and Emergency Deficit Control Act of 1985, -to establish a congressional budget for fiscal years 2020 and 2021, to - temporarily suspend the debt limit, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - July 23, 2019 - - Mr. Yarmuth (for himself and Mr. Neal) introduced the following bill; - which was referred to the Committee on the Budget, and in addition to - the Committees on Rules, and Ways and Means, for a period to be -subsequently determined by the Speaker, in each case for consideration - of such provisions as fall within the jurisdiction of the committee - concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -572,4 +553,22 @@ of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). (b) Senate PAYGO Scorecards.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). - \ No newline at end of file + + Passed the House of Representatives July 25, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3877 + +_______________________________________________________________________ + + AN ACT + +To amend the Balanced Budget and Emergency Deficit Control Act of 1985, +to establish a congressional budget for fiscal years 2020 and 2021, to + temporarily suspend the debt limit, and for other purposes. From ce09b183dd7e9931230108ab890a18cd120c340c Mon Sep 17 00:00:00 2001 From: "Rep. Yarmuth, John A. [D-KY-3]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 375/984] House-3877: Enrolled --- bills_text/House-3877.txt | 676 ++++++++++++++++++-------------------- 1 file changed, 314 insertions(+), 362 deletions(-) diff --git a/bills_text/House-3877.txt b/bills_text/House-3877.txt index b95f83d..8abf9df 100644 --- a/bills_text/House-3877.txt +++ b/bills_text/House-3877.txt @@ -1,54 +1,60 @@ -116th CONGRESS - 1st Session - H. R. 3877 + H.R.3877 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To amend the Balanced Budget and Emergency Deficit Control Act of 1985, -to establish a congressional budget for fiscal years 2020 and 2021, to - temporarily suspend the debt limit, and for other purposes. + to establish a congressional budget for fiscal years 2020 and 2021, to + temporarily suspend the debt limit, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Bipartisan Budget Act of 2019''. TITLE I--BUDGET ENFORCEMENT -SEC. 101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT - CONTROL ACT OF 1985. - + SEC. 101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT + CONTROL ACT OF 1985. (a) Revised Discretionary Spending Limits.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended by striking paragraphs (7) and (8) and inserting the following: - ``(7) for fiscal year 2020-- - ``(A) for the revised security category, - $666,500,000,000 in new budget authority; and - ``(B) for the revised nonsecurity category, - $621,500,000,000 in new budget authority; and - ``(8) for fiscal year 2021-- - ``(A) for the revised security category, - $671,500,000,000 in new budget authority; and - ``(B) for the revised nonsecurity category, - $626,500,000,000 in new budget authority;''. + ``(7) for fiscal year 2020-- + ``(A) for the revised security category, $666,500,000,000 + in new budget authority; and + ``(B) for the revised nonsecurity category, + $621,500,000,000 in new budget authority; and + ``(8) for fiscal year 2021-- + ``(A) for the revised security category, $671,500,000,000 + in new budget authority; and + ``(B) for the revised nonsecurity category, + $626,500,000,000 in new budget authority;''. (b) Overseas Contingency Operations Amounts.--In fiscal years 2020 and 2021, the adjustments under section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) for Overseas Contingency Operations/Global War on Terrorism appropriations will be as follows: - (1) For the revised nonsecurity category-- - (A) for fiscal year 2020, $8,000,000,000; and - (B) for fiscal year 2021, $8,000,000,000. - (2) For the revised security category-- - (A) for fiscal year 2020, $71,500,000,000; and - (B) for fiscal year 2021, $69,000,000,000. + (1) For the revised nonsecurity category-- + (A) for fiscal year 2020, $8,000,000,000; and + (B) for fiscal year 2021, $8,000,000,000. + (2) For the revised security category-- + (A) for fiscal year 2020, $71,500,000,000; and + (B) for fiscal year 2021, $69,000,000,000. This subsection shall not affect the applicability of section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. @@ -56,34 +62,29 @@ of 1985. of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following new subparagraph: - ``(G) The 2020 census.--If, for fiscal year 2020, - appropriations for the Periodic Censuses and Programs - account of the Bureau of the Census of the Department - of Commerce are enacted that the Congress designates in - statute as being for the 2020 Census, then the - adjustment for that fiscal year shall be the total of - such appropriations for that fiscal year designated as - being for the 2020 Census, but shall not exceed - $2,500,000,000.''. + ``(G) The 2020 census.--If, for fiscal year 2020, + appropriations for the Periodic Censuses and Programs account + of the Bureau of the Census of the Department of Commerce are + enacted that the Congress designates in statute as being for + the 2020 Census, then the adjustment for that fiscal year shall + be the total of such appropriations for that fiscal year + designated as being for the 2020 Census, but shall not exceed + $2,500,000,000.''. (d) Direct Spending Adjustments for Fiscal Years 2020 and 2021.-- Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a), is amended-- - (1) in paragraph (5)(B), in the matter preceding clause - (i), by striking ``and (12)'' and inserting ``(12), and (13)''; - and - (2) by adding at the end the following: - ``(13) Implementing direct spending reductions for fiscal - years 2020 and 2021.--(A) OMB shall make the calculations - necessary to implement the direct spending reductions - calculated pursuant to paragraphs (3) and (4) without regard to - the amendment made to section 251(c) revising the discretionary - spending limits for fiscal years 2020 and 2021 by the - Bipartisan Budget Act of 2019. - ``(B) Paragraph (5)(B) shall not be implemented for fiscal - years 2020 and 2021.''. - -SEC. 102. BALANCES ON THE PAYGO SCORECARDS. - + (1) in paragraph (5)(B), in the matter preceding clause (i), by + striking ``and (12)'' and inserting ``(12), and (13)''; and + (2) by adding at the end the following: + ``(13) Implementing direct spending reductions for fiscal years + 2020 and 2021.--(A) OMB shall make the calculations necessary to + implement the direct spending reductions calculated pursuant to + paragraphs (3) and (4) without regard to the amendment made to + section 251(c) revising the discretionary spending limits for + fiscal years 2020 and 2021 by the Bipartisan Budget Act of 2019. + ``(B) Paragraph (5)(B) shall not be implemented for fiscal + years 2020 and 2021.''. + SEC. 102. BALANCES ON THE PAYGO SCORECARDS. Effective on the date of the enactment of this Act, the balances on the PAYGO scorecards established pursuant to paragraphs (4) and (5) of section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. @@ -91,22 +92,19 @@ section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. TITLE II--ESTABLISHING A CONGRESSIONAL BUDGET -SEC. 201. ADJUSTMENT AUTHORITY FOR FISCAL YEAR 2020 BUDGET RESOLUTION - IN THE HOUSE OF REPRESENTATIVES. - + SEC. 201. ADJUSTMENT AUTHORITY FOR FISCAL YEAR 2020 BUDGET + RESOLUTION IN THE HOUSE OF REPRESENTATIVES. Upon the date of the enactment of this Act-- - (1) the Chair of the Committee on the Budget of the House - of Representatives may adjust the allocations, aggregates, and - other budgetary levels included in the statement referred to in - section 1(b) of House Resolution 293 (116th Congress) - consistent with this Act; and - (2) subsections (e), (f), and (g) of section 1 of House - Resolution 293 (116th Congress) shall have no force or effect - through the remainder of the One Hundred Sixteenth Congress. - -SEC. 202. AUTHORITY FOR FISCAL YEAR 2021 BUDGET RESOLUTION IN THE HOUSE - OF REPRESENTATIVES. - + (1) the Chair of the Committee on the Budget of the House of + Representatives may adjust the allocations, aggregates, and other + budgetary levels included in the statement referred to in section + 1(b) of House Resolution 293 (116th Congress) consistent with this + Act; and + (2) subsections (e), (f), and (g) of section 1 of House + Resolution 293 (116th Congress) shall have no force or effect + through the remainder of the One Hundred Sixteenth Congress. + SEC. 202. AUTHORITY FOR FISCAL YEAR 2021 BUDGET RESOLUTION IN THE + HOUSE OF REPRESENTATIVES. (a) Fiscal Year 2021.--If a concurrent resolution on the budget for fiscal year 2021 has not been adopted by April 15, 2020, for the purpose of enforcing the Congressional Budget Act of 1974 for fiscal @@ -119,36 +117,35 @@ fiscal year 2021 and for fiscal years 2022 through 2030. Representatives, the Chair of the Committee on the Budget shall submit a statement for publication in the Congressional Record after April 15, 2020, but not later than May 15, 2020, containing-- - (1) for the Committee on Appropriations, committee - allocations for fiscal year 2021 consistent with discretionary - spending limits set forth in section 251(c)(8) of the Balanced - Budget and Emergency Deficit Control Act of 1985, as amended by - this Act, and the outlays flowing therefrom, and committee - allocations for fiscal year 2021 for current law mandatory - budget authority and outlays, for the purpose of enforcing - section 302 of the Congressional Budget Act of 1974; - (2) for all committees of the House of Representatives - other than the Committee on Appropriations, committee - allocations for fiscal year 2021 and for the period of fiscal - years 2021 through 2030 consistent with the most recent - baseline of the Congressional Budget Office, as adjusted, to - the extent practicable, for the budgetary effects of any - provision of law enacted during the period beginning on the - date such baseline is issued and ending on the date of - submission of such statement, for the purpose of enforcing - section 302 of the Congressional Budget Act of 1974; - (3) aggregate spending levels for fiscal year 2021 in - accordance with the allocations established under paragraphs - (1) and (2), for the purpose of enforcing section 311 of the - Congressional Budget Act of 1974; and - (4) aggregate revenue levels for fiscal year 2021 and for - the period of fiscal years 2021 through 2030 consistent with - the most recent baseline of the Congressional Budget Office, as - adjusted, to the extent practicable, for the budgetary effects - of any provision of law enacted during the period beginning on - the date such baseline is issued and ending on the date of - submission of such statement, for the purpose of enforcing - section 311 of the Congressional Budget Act of 1974. + (1) for the Committee on Appropriations, committee allocations + for fiscal year 2021 consistent with discretionary spending limits + set forth in section 251(c)(8) of the Balanced Budget and Emergency + Deficit Control Act of 1985, as amended by this Act, and the + outlays flowing therefrom, and committee allocations for fiscal + year 2021 for current law mandatory budget authority and outlays, + for the purpose of enforcing section 302 of the Congressional + Budget Act of 1974; + (2) for all committees of the House of Representatives other + than the Committee on Appropriations, committee allocations for + fiscal year 2021 and for the period of fiscal years 2021 through + 2030 consistent with the most recent baseline of the Congressional + Budget Office, as adjusted, to the extent practicable, for the + budgetary effects of any provision of law enacted during the period + beginning on the date such baseline is issued and ending on the + date of submission of such statement, for the purpose of enforcing + section 302 of the Congressional Budget Act of 1974; + (3) aggregate spending levels for fiscal year 2021 in + accordance with the allocations established under paragraphs (1) + and (2), for the purpose of enforcing section 311 of the + Congressional Budget Act of 1974; and + (4) aggregate revenue levels for fiscal year 2021 and for the + period of fiscal years 2021 through 2030 consistent with the most + recent baseline of the Congressional Budget Office, as adjusted, to + the extent practicable, for the budgetary effects of any provision + of law enacted during the period beginning on the date such + baseline is issued and ending on the date of submission of such + statement, for the purpose of enforcing section 311 of the + Congressional Budget Act of 1974. (c) Additional Matter.--The statement referred to in subsection (b) may also include for fiscal year 2021 the matter contained in the provisions referred to in subsection (e). @@ -156,40 +153,37 @@ provisions referred to in subsection (e). House of Representatives may adjust the allocations, aggregates, and other budgetary levels included in the statement referred to in subsection (b)-- - (1) to reflect changes resulting from the Congressional - Budget Office's updates to its baseline for fiscal years 2021 - through 2030; or - (2) for any bill, joint resolution, amendment, or - conference report by the amounts provided in such measure if - such measure would not increase the deficit for either of the - following time periods: fiscal year 2021 to fiscal year 2025 or - fiscal year 2021 to fiscal year 2030. + (1) to reflect changes resulting from the Congressional Budget + Office's updates to its baseline for fiscal years 2021 through + 2030; or + (2) for any bill, joint resolution, amendment, or conference + report by the amounts provided in such measure if such measure + would not increase the deficit for either of the following time + periods: fiscal year 2021 to fiscal year 2025 or fiscal year 2021 + to fiscal year 2030. (e) Application.-- - (1) Upon submission of the statement referred to in - subsection (b), all references to allocations, aggregates, or - other appropriate levels in ``this concurrent resolution'' in - sections 5201, 5202, and 5203 of the House Concurrent - Resolution 71 (115th Congress), specified in section - 30104(f)(1) of the Bipartisan Budget Act of 2018, and continued - in effect by section 103(m) of House Resolution 6 (116th - Congress) and section 1(h)(1) of House Resolution 293 (116th - Congress), shall be treated for all purposes in the House of - Representatives as references to the allocations, aggregates, - or other appropriate levels contained in the statement referred - to in subsection (b), as adjusted in accordance with this or - any other Act. - (2) The provisions of House Concurrent Resolution 71 (115th - Congress), specified in section 30104(f)(1) of the Bipartisan - Budget Act of 2018, shall have no force or effect in the House - of Representatives except for the sections of such concurrent - resolution identified in paragraph (1). + (1) Upon submission of the statement referred to in subsection + (b), all references to allocations, aggregates, or other + appropriate levels in ``this concurrent resolution'' in sections + 5201, 5202, and 5203 of the House Concurrent Resolution 71 (115th + Congress), specified in section 30104(f)(1) of the Bipartisan + Budget Act of 2018, and continued in effect by section 103(m) of + House Resolution 6 (116th Congress) and section 1(h)(1) of House + Resolution 293 (116th Congress), shall be treated for all purposes + in the House of Representatives as references to the allocations, + aggregates, or other appropriate levels contained in the statement + referred to in subsection (b), as adjusted in accordance with this + or any other Act. + (2) The provisions of House Concurrent Resolution 71 (115th + Congress), specified in section 30104(f)(1) of the Bipartisan + Budget Act of 2018, shall have no force or effect in the House of + Representatives except for the sections of such concurrent + resolution identified in paragraph (1). (f) Expiration.--Subsections (a) through (e) shall no longer apply if a concurrent resolution on the budget for fiscal year 2021 is agreed to by the Senate and House of Representatives. - -SEC. 203. LIMITATION ON ADVANCE APPROPRIATIONS IN THE HOUSE OF - REPRESENTATIVES. - + SEC. 203. LIMITATION ON ADVANCE APPROPRIATIONS IN THE HOUSE OF + REPRESENTATIVES. (a) In General.--In the House of Representatives, except as provided in subsection (b), any general appropriation bill or bill or joint resolution continuing appropriations, or amendment thereto or @@ -198,13 +192,13 @@ conference report thereon, may not provide an advance appropriation. programs, activities or accounts identified in lists submitted for printing in the Congressional Record by the Chair of the Committee on the Budget-- - (1) for fiscal year 2022, under the heading ``Accounts - Identified for Advance Appropriations'' in an aggregate amount - not to exceed $28,852,000,000 in new budget authority, and for - fiscal year 2023, accounts separately identified under the same - heading; and - (2) for fiscal year 2022, under the heading ``Veterans - Accounts Identified for Advance Appropriations''. + (1) for fiscal year 2022, under the heading ``Accounts + Identified for Advance Appropriations'' in an aggregate amount not + to exceed $28,852,000,000 in new budget authority, and for fiscal + year 2023, accounts separately identified under the same heading; + and + (2) for fiscal year 2022, under the heading ``Veterans Accounts + Identified for Advance Appropriations''. (c) Definition.--The term ``advance appropriation'' means any new discretionary budget authority provided in a general appropriation bill or bill or joint resolution continuing appropriations for fiscal year @@ -214,10 +208,8 @@ becomes available following fiscal year 2021. expire if a concurrent resolution on the budget for fiscal year 2021 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974. - -SEC. 204. AUTHORITY FOR FISCAL YEAR 2020 BUDGET RESOLUTION IN THE - SENATE. - + SEC. 204. AUTHORITY FOR FISCAL YEAR 2020 BUDGET RESOLUTION IN THE + SENATE. (a) Fiscal Year 2020.--For the purpose of enforcing the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) and enforcing budgetary points of order in prior concurrent resolutions on the @@ -230,42 +222,40 @@ appropriate budgetary levels for fiscal year 2020 and for fiscal years the Committee on the Budget of the Senate shall submit a statement for publication in the Congressional Record as soon as practicable after the date of enactment of this Act that includes-- - (1) for the Committee on Appropriations of the Senate, - committee allocations for fiscal year 2020 consistent with the - discretionary spending limits set forth in section 251(c) of - the Balanced Budget and Emergency Deficit Control Act of 1985, - as amended by this Act, for the purpose of enforcing section - 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); - (2) for all committees other than the Committee on - Appropriations, committee allocations for fiscal years 2020, - 2020 through 2024, and 2020 through 2029 consistent with the - May 2019 baseline of the Congressional Budget Office, as - adjusted for the budgetary effects of any provision of law - enacted during the period beginning on the date such baseline - was issued and ending on the date of submission of such - statement, for the purpose of enforcing section 302 of the - Congressional Budget Act of 1974 (2 U.S.C. 633); - (3) aggregate spending levels for fiscal year 2020 in - accordance with the allocations established under paragraphs - (1) and (2), for the purpose of enforcing section 311 of the - Congressional Budget Act of 1974 (2 U.S.C. 642); - (4) aggregate revenue levels for fiscal years 2020, 2020 - through 2024, and 2020 through 2029 consistent with the May - 2019 baseline of the Congressional Budget Office, as adjusted - for the budgetary effects of any provision of law enacted - during the period beginning on the date such baseline was - issued and ending on the date of submission of such statement, - for the purpose of enforcing section 311 of the Congressional - Budget Act of 1974 (2 U.S.C. 642); and - (5) levels of Social Security revenues and outlays for - fiscal years 2020, 2020 through 2024, and 2020 through 2029 - consistent with the May 2019 baseline of the Congressional - Budget Office, as adjusted for the budgetary effects of any - provision of law enacted during the period beginning on the - date such baseline was issued and ending on the date of - submission of such statement, for the purpose of enforcing - sections 302 and 311 of the Congressional Budget Act of 1974 (2 - U.S.C. 633, 642). + (1) for the Committee on Appropriations of the Senate, + committee allocations for fiscal year 2020 consistent with the + discretionary spending limits set forth in section 251(c) of the + Balanced Budget and Emergency Deficit Control Act of 1985, as + amended by this Act, for the purpose of enforcing section 302 of + the Congressional Budget Act of 1974 (2 U.S.C. 633); + (2) for all committees other than the Committee on + Appropriations, committee allocations for fiscal years 2020, 2020 + through 2024, and 2020 through 2029 consistent with the May 2019 + baseline of the Congressional Budget Office, as adjusted for the + budgetary effects of any provision of law enacted during the period + beginning on the date such baseline was issued and ending on the + date of submission of such statement, for the purpose of enforcing + section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); + (3) aggregate spending levels for fiscal year 2020 in + accordance with the allocations established under paragraphs (1) + and (2), for the purpose of enforcing section 311 of the + Congressional Budget Act of 1974 (2 U.S.C. 642); + (4) aggregate revenue levels for fiscal years 2020, 2020 + through 2024, and 2020 through 2029 consistent with the May 2019 + baseline of the Congressional Budget Office, as adjusted for the + budgetary effects of any provision of law enacted during the period + beginning on the date such baseline was issued and ending on the + date of submission of such statement, for the purpose of enforcing + section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642); + and + (5) levels of Social Security revenues and outlays for fiscal + years 2020, 2020 through 2024, and 2020 through 2029 consistent + with the May 2019 baseline of the Congressional Budget Office, as + adjusted for the budgetary effects of any provision of law enacted + during the period beginning on the date such baseline was issued + and ending on the date of submission of such statement, for the + purpose of enforcing sections 302 and 311 of the Congressional + Budget Act of 1974 (2 U.S.C. 633, 642). (c) Additional Matter.--The filing referred to in subsection (b) may also include for fiscal year 2020 the deficit-neutral reserve funds in title III of H. Con. Res. 71 (115th Congress), the concurrent @@ -275,10 +265,8 @@ years. resolution on the budget for fiscal year 2020 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632). - -SEC. 205. AUTHORITY FOR FISCAL YEAR 2021 BUDGET RESOLUTION IN THE - SENATE. - + SEC. 205. AUTHORITY FOR FISCAL YEAR 2021 BUDGET RESOLUTION IN THE + SENATE. (a) Fiscal Year 2021.--For the purpose of enforcing the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), after April 15, 2020, and enforcing budgetary points of order in prior concurrent @@ -290,42 +278,40 @@ fiscal years 2022 through 2030. (b) Committee Allocations, Aggregates, and Levels.--After April 15, 2020, but not later than May 15, 2020, the Chairman of the Committee on the Budget of the Senate shall file-- - (1) for the Committee on Appropriations of the Senate, - committee allocations for fiscal year 2021 consistent with the - discretionary spending limits set forth in section 251(c) of - the Balanced Budget and Emergency Deficit Control Act of 1985, - as amended by this Act, for the purpose of enforcing section - 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); - (2) for all committees other than the Committee on - Appropriations, committee allocations for fiscal years 2021, - 2021 through 2025, and 2021 through 2030 consistent with the - most recent baseline of the Congressional Budget Office, as - adjusted for the budgetary effects of any provision of law - enacted during the period beginning on the date such baseline - is issued and ending on the date of submission of such - statement, for the purpose of enforcing section 302 of the - Congressional Budget Act of 1974 (2 U.S.C. 642); - (3) aggregate spending levels for fiscal year 2021 in - accordance with the allocations established under paragraphs - (1) and (2), for the purpose of enforcing section 311 of the - Congressional Budget Act of 1974 (2 U.S.C. 642); - (4) aggregate revenue levels for fiscal years 2021, 2021 - through 2025, and 2021 through 2030 consistent with the most - recent baseline of the Congressional Budget Office, as adjusted - for the budgetary effects of any provision of law enacted - during the period beginning on the date such baseline is issued - and ending on the date of submission of such statement, for the - purpose of enforcing section 311 of the Congressional Budget - Act of 1974 (2 U.S.C. 642); and - (5) levels of Social Security revenues and outlays for - fiscal years 2021, 2021 through 2025, and 2021 through 2030 - consistent with the most recent baseline of the Congressional - Budget Office, as adjusted for the budgetary effects of any - provision of law enacted during the period beginning on the - date such baseline is issued and ending on the date of - submission of such statement, for the purpose of enforcing - sections 302 and 311 of the Congressional Budget Act of 1974 (2 - U.S.C. 633, 642). + (1) for the Committee on Appropriations of the Senate, + committee allocations for fiscal year 2021 consistent with the + discretionary spending limits set forth in section 251(c) of the + Balanced Budget and Emergency Deficit Control Act of 1985, as + amended by this Act, for the purpose of enforcing section 302 of + the Congressional Budget Act of 1974 (2 U.S.C. 633); + (2) for all committees other than the Committee on + Appropriations, committee allocations for fiscal years 2021, 2021 + through 2025, and 2021 through 2030 consistent with the most recent + baseline of the Congressional Budget Office, as adjusted for the + budgetary effects of any provision of law enacted during the period + beginning on the date such baseline is issued and ending on the + date of submission of such statement, for the purpose of enforcing + section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 642); + (3) aggregate spending levels for fiscal year 2021 in + accordance with the allocations established under paragraphs (1) + and (2), for the purpose of enforcing section 311 of the + Congressional Budget Act of 1974 (2 U.S.C. 642); + (4) aggregate revenue levels for fiscal years 2021, 2021 + through 2025, and 2021 through 2030 consistent with the most recent + baseline of the Congressional Budget Office, as adjusted for the + budgetary effects of any provision of law enacted during the period + beginning on the date such baseline is issued and ending on the + date of submission of such statement, for the purpose of enforcing + section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642); + and + (5) levels of Social Security revenues and outlays for fiscal + years 2021, 2021 through 2025, and 2021 through 2030 consistent + with the most recent baseline of the Congressional Budget Office, + as adjusted for the budgetary effects of any provision of law + enacted during the period beginning on the date such baseline is + issued and ending on the date of submission of such statement, for + the purpose of enforcing sections 302 and 311 of the Congressional + Budget Act of 1974 (2 U.S.C. 633, 642). (c) Additional Matter.--The filing referred to in subsection (b) may also include for fiscal year 2021 the deficit-neutral reserve funds in title III of H. Con. Res. 71 (115th Congress), the concurrent @@ -335,100 +321,90 @@ years. resolution on the budget for fiscal year 2021 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632). - -SEC. 206. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE. - + SEC. 206. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE. (a) Point of Order Against Advance Appropriations in the Senate.-- - (1) In general.-- - (A) Point of order.--Except as provided in - paragraph (2), it shall not be in order in the Senate - to consider any bill, joint resolution, motion, - amendment, amendment between the Houses, or conference - report that would provide an advance appropriation for - a discretionary account. - (B) Definition.--In this subsection, the term - ``advance appropriation'' means any new budget - authority provided in a bill or joint resolution making - appropriations for fiscal year 2020 that first becomes - available for any fiscal year after 2020 or any new - budget authority provided in a bill or joint resolution - making appropriations for fiscal year 2021 that first - becomes available for any fiscal year after 2021. - (2) Exceptions.--Advance appropriations may be provided-- - (A) for fiscal years 2021 and 2022 for programs, - projects, activities, or accounts identified in a - statement submitted to the Congressional Record by the - Chairman of the Committee on the Budget of the Senate - under the heading ``Accounts Identified for Advance - Appropriations'' in an aggregate amount not to exceed - $28,852,000,000 in new budget authority in each fiscal - year; - (B) for the Corporation for Public Broadcasting; - and - (C) for the Department of Veterans Affairs for the - Medical Services, Medical Support and Compliance, - Veterans Medical Community Care, and Medical Facilities - accounts of the Veterans Health Administration. - (3) Supermajority waiver and appeal.-- - (A) Waiver.--In the Senate, paragraph (1) may be - waived or suspended only by an affirmative vote of - three-fifths of the Members, duly chosen and sworn. - (B) Appeal.--An affirmative vote of three-fifths of - the Members of the Senate, duly chosen and sworn, shall - be required to sustain an appeal of the ruling of the - Chair on a point of order raised under paragraph (1). - (4) Form of point of order.--A point of order under - paragraph (1) may be raised by a Senator as provided in section - 313(e) of the Congressional Budget Act of 1974 (2 U.S.C. - 644(e)). - (5) Conference reports.--When the Senate is considering a - conference report on, or an amendment between the Houses in - relation to, a bill or joint resolution, upon a point of order - being made by any Senator pursuant to this subsection, and such - point of order being sustained, such material contained in such - conference report or amendment between the Houses shall be - stricken, and the Senate shall proceed to consider the question - of whether the Senate shall recede from its amendment and - concur with a further amendment, or concur in the House - amendment with a further amendment, as the case may be, which - further amendment shall consist of only that portion of the - conference report or House amendment, as the case may be, not - so stricken. Any such motion in the Senate shall be debatable. - In any case in which such point of order is sustained against a - conference report (or Senate amendment derived from such - conference report by operation of this paragraph), no further - amendment shall be in order. + (1) In general.-- + (A) Point of order.--Except as provided in paragraph (2), + it shall not be in order in the Senate to consider any bill, + joint resolution, motion, amendment, amendment between the + Houses, or conference report that would provide an advance + appropriation for a discretionary account. + (B) Definition.--In this subsection, the term ``advance + appropriation'' means any new budget authority provided in a + bill or joint resolution making appropriations for fiscal year + 2020 that first becomes available for any fiscal year after + 2020 or any new budget authority provided in a bill or joint + resolution making appropriations for fiscal year 2021 that + first becomes available for any fiscal year after 2021. + (2) Exceptions.--Advance appropriations may be provided-- + (A) for fiscal years 2021 and 2022 for programs, projects, + activities, or accounts identified in a statement submitted to + the Congressional Record by the Chairman of the Committee on + the Budget of the Senate under the heading ``Accounts + Identified for Advance Appropriations'' in an aggregate amount + not to exceed $28,852,000,000 in new budget authority in each + fiscal year; + (B) for the Corporation for Public Broadcasting; and + (C) for the Department of Veterans Affairs for the Medical + Services, Medical Support and Compliance, Veterans Medical + Community Care, and Medical Facilities accounts of the Veterans + Health Administration. + (3) Supermajority waiver and appeal.-- + (A) Waiver.--In the Senate, paragraph (1) may be waived or + suspended only by an affirmative vote of three-fifths of the + Members, duly chosen and sworn. + (B) Appeal.--An affirmative vote of three-fifths of the + Members of the Senate, duly chosen and sworn, shall be required + to sustain an appeal of the ruling of the Chair on a point of + order raised under paragraph (1). + (4) Form of point of order.--A point of order under paragraph + (1) may be raised by a Senator as provided in section 313(e) of the + Congressional Budget Act of 1974 (2 U.S.C. 644(e)). + (5) Conference reports.--When the Senate is considering a + conference report on, or an amendment between the Houses in + relation to, a bill or joint resolution, upon a point of order + being made by any Senator pursuant to this subsection, and such + point of order being sustained, such material contained in such + conference report or amendment between the Houses shall be + stricken, and the Senate shall proceed to consider the question of + whether the Senate shall recede from its amendment and concur with + a further amendment, or concur in the House amendment with a + further amendment, as the case may be, which further amendment + shall consist of only that portion of the conference report or + House amendment, as the case may be, not so stricken. Any such + motion in the Senate shall be debatable. In any case in which such + point of order is sustained against a conference report (or Senate + amendment derived from such conference report by operation of this + paragraph), no further amendment shall be in order. (b) Sunset.--Subsection (a) shall terminate on the date on which a concurrent resolution on the budget for fiscal year 2021 is agreed to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632). - -SEC. 207. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PROGRAMS - IN THE SENATE. - + SEC. 207. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY + PROGRAMS IN THE SENATE. (a) Definition.--In this section, the term ``CHIMP'' means a provision that-- - (1) would have been estimated as affecting direct spending - or receipts under section 252 of the Balanced Budget and - Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as in - effect prior to September 30, 2002) if the provision was - included in legislation other than appropriation Acts; and - (2) results in a net decrease in budget authority in the - budget year, but does not result in a net decrease in outlays - over the period of the total of the current year, the budget - year, and all fiscal years covered under the most recently - adopted concurrent resolution on the budget. + (1) would have been estimated as affecting direct spending or + receipts under section 252 of the Balanced Budget and Emergency + Deficit Control Act of 1985 (2 U.S.C. 902) (as in effect prior to + September 30, 2002) if the provision was included in legislation + other than appropriation Acts; and + (2) results in a net decrease in budget authority in the budget + year, but does not result in a net decrease in outlays over the + period of the total of the current year, the budget year, and all + fiscal years covered under the most recently adopted concurrent + resolution on the budget. (b) Point of Order in the Senate.-- - (1) In general.--It shall not be in order in the Senate to - consider a bill or joint resolution making appropriations for a - full fiscal year, or an amendment thereto, amendment between - the Houses in relation thereto, conference report thereon, or - motion thereon, that includes a CHIMP that, if enacted, would - cause the absolute value of the total budget authority of all - such CHIMPs enacted in relation to a full fiscal year to be - more than the amount specified in paragraph (2). - (2) Amount.--The amount specified in this paragraph is, for - fiscal year 2021, $15,000,000,000. + (1) In general.--It shall not be in order in the Senate to + consider a bill or joint resolution making appropriations for a + full fiscal year, or an amendment thereto, amendment between the + Houses in relation thereto, conference report thereon, or motion + thereon, that includes a CHIMP that, if enacted, would cause the + absolute value of the total budget authority of all such CHIMPs + enacted in relation to a full fiscal year to be more than the + amount specified in paragraph (2). + (2) Amount.--The amount specified in this paragraph is, for + fiscal year 2021, $15,000,000,000. (c) Determination.--For purposes of this section, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. @@ -438,10 +414,8 @@ of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (b). - -SEC. 208. POINT OF ORDER AGAINST DESIGNATION OF FUNDS FOR OVERSEAS - CONTINGENCY OPERATIONS IN THE SENATE. - + SEC. 208. POINT OF ORDER AGAINST DESIGNATION OF FUNDS FOR OVERSEAS + CONTINGENCY OPERATIONS IN THE SENATE. (a) Point of Order.--When the Senate is considering a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report, if a point of order is made by a Senator against a @@ -477,25 +451,22 @@ required to sustain an appeal of the ruling of the Chair on a point of order raised under this section. (e) Suspension of Point of Order.--This section shall not apply if a declaration of war by Congress is in effect. - -SEC. 209. EXERCISE OF RULEMAKING POWERS. - + SEC. 209. EXERCISE OF RULEMAKING POWERS. The sections of this title are enacted by the Congress-- - (1) as an exercise of the rulemaking power of the House of - Representatives and the Senate, respectively, and as such they - shall be considered as part of the rules of each House, - respectively, or of that House to which they specifically - apply, and such rules shall supersede other rules only to the - extent that they are inconsistent therewith; and - (2) with full recognition of the constitutional right of - either House to change such rules (so far as relating to such - House) at any time, in the same manner, and to the same extent - as in the case of any other rule of such House. + (1) as an exercise of the rulemaking power of the House of + Representatives and the Senate, respectively, and as such they + shall be considered as part of the rules of each House, + respectively, or of that House to which they specifically apply, + and such rules shall supersede other rules only to the extent that + they are inconsistent therewith; and + (2) with full recognition of the constitutional right of either + House to change such rules (so far as relating to such House) at + any time, in the same manner, and to the same extent as in the case + of any other rule of such House. TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT -SEC. 301. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT. - + SEC. 301. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT. (a) In General.--Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of the enactment of this Act and ending on July 31, 2021. @@ -503,13 +474,13 @@ of this Act and ending on July 31, 2021. Period.--Effective on August 1, 2021, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that-- - (1) the face amount of obligations issued under chapter 31 - of such title and the face amount of obligations whose - principal and interest are guaranteed by the United States - Government (except guaranteed obligations held by the Secretary - of the Treasury) outstanding on August 1, 2021, exceeds - (2) the face amount of such obligations outstanding on the - date of the enactment of this Act. + (1) the face amount of obligations issued under chapter 31 of + such title and the face amount of obligations whose principal and + interest are guaranteed by the United States Government (except + guaranteed obligations held by the Secretary of the Treasury) + outstanding on August 1, 2021, exceeds + (2) the face amount of such obligations outstanding on the date + of the enactment of this Act. (c) Extension Limited to Necessary Obligations.--An obligation shall not be taken into account under subsection (b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred @@ -518,35 +489,30 @@ August 1, 2021. TITLE IV--OFFSETS -SEC. 401. CUSTOMS USER FEES. - + SEC. 401. CUSTOMS USER FEES. (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- - (1) in subparagraph (A), by striking ``October 20, 2027'' - and inserting ``September 30, 2029''; and - (2) in subparagraph (B)(i), by striking ``September 30, - 2027'' and inserting ``September 30, 2029''. + (1) in subparagraph (A), by striking ``October 20, 2027'' and + inserting ``September 30, 2029''; and + (2) in subparagraph (B)(i), by striking ``September 30, 2027'' + and inserting ``September 30, 2029''. (b) Rate for Merchandise Processing Fees.--Section 503 of the United States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended by striking ``May 26, 2027'' and inserting ``September 30, 2029''. - -SEC. 402. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL YEAR - 2029. - + SEC. 402. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL + YEAR 2029. Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- - (1) in subparagraph (B), in the matter preceding clause - (i), by striking ``fiscal years 2022 through 2027'' and - inserting ``fiscal years 2022 through 2029''; and - (2) in subparagraph (C), in the matter preceding clause - (i), by striking ``fiscal year 2027'' and inserting ``fiscal - year 2029''. + (1) in subparagraph (B), in the matter preceding clause (i), by + striking ``fiscal years 2022 through 2027'' and inserting ``fiscal + years 2022 through 2029''; and + (2) in subparagraph (C), in the matter preceding clause (i), by + striking ``fiscal year 2027'' and inserting ``fiscal year 2029''. TITLE V--BUDGETARY EFFECTS -SEC. 501. BUDGETARY EFFECTS. - + SEC. 501. BUDGETARY EFFECTS. (a) In General.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). @@ -554,21 +520,7 @@ of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). - Passed the House of Representatives July 25, 2019. - - Attest: - - Clerk. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - H. R. 3877 - -_______________________________________________________________________ - - AN ACT - -To amend the Balanced Budget and Emergency Deficit Control Act of 1985, -to establish a congressional budget for fiscal years 2020 and 2021, to - temporarily suspend the debt limit, and for other purposes. + Vice President of the United States and + President of the Senate. From f52629c874d3907183fcf25786c3e41f83192941 Mon Sep 17 00:00:00 2001 From: "Rep. Rouda, Harley [D-CA-48]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 376/984] House-3889: Introduced to House --- bills_text/House-3889.txt | 276 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 276 insertions(+) create mode 100644 bills_text/House-3889.txt diff --git a/bills_text/House-3889.txt b/bills_text/House-3889.txt new file mode 100644 index 0000000..99d1a34 --- /dev/null +++ b/bills_text/House-3889.txt @@ -0,0 +1,276 @@ +116th CONGRESS + 1st Session + H. R. 3889 + +To amend the Office of National Drug Control Policy Reauthorization Act + of 1998 to make technical corrections. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 23, 2019 + +Mr. Rouda (for himself and Mr. Meadows) introduced the following bill; + which was referred to the Committee on Oversight and Reform, and in + addition to the Committee on Energy and Commerce, for a period to be +subsequently determined by the Speaker, in each case for consideration + of such provisions as fall within the jurisdiction of the committee + concerned + +_______________________________________________________________________ + + A BILL + + + +To amend the Office of National Drug Control Policy Reauthorization Act + of 1998 to make technical corrections. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``ONDCP Technical Corrections Act of +2019''. + +SEC. 2. TECHNICAL CORRECTIONS. + + (a) Office of National Drug Control Policy Reauthorization Act of +1998 Technical Corrections.--The Office of National Drug Control Policy +Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended-- + (1) by striking ``National Drug Control Program Agency'' + and inserting ``National Drug Control Program agency'' each + place it appears; + (2) by striking ``National Drug Control Program Agencies'' + and inserting ``National Drug Control Program agencies'' each + place it appears; + (3) in section 702(15), by striking ``tribal'' each place + it appears and inserting ``Tribal''; + (4) in section 703-- + (A) in subsection (a)-- + (i) in paragraph (4), by striking + ``program,'' and inserting ``programs,''; and + (ii) in paragraph (6), by striking ``High- + Intensity'' and inserting ``High Intensity''; + and + (B) in subsection (d), by striking ``chapter'' each + place it appears and inserting ``title''; + (5) in section 704-- + (A) in subsection (a)(1)-- + (i) in subparagraph (C)-- + (I) in clause (i), by striking + ``section 704(c)(4)'' and inserting + ``subsection (c)(5)''; and + (II) in clause (iv), by striking + ``section 704(j)'' and inserting + ``subsection (j)''; and + (ii) in subparagraph (D)-- + (I) by striking ``The Director + shall determine whether the coordinator + position is a noncareer'' and inserting + ``For purposes of carrying out the + previous sentence, the Director shall + designate or appoint an''; and + (II) by striking ``a career'' and + inserting ``an''; + (B) in subsection (b)(21)(A)(iii), by striking + ``chapter'' and inserting ``title''; + (C) in subsection (c)-- + (i) in paragraph (2)(A)(ii), by striking + ``fo'' and inserting ``of''; + (ii) in paragraph (3)(E)(ii)-- + (I) in subclause (I), by striking + ``subparagraph (A)'' and inserting + ``clause (i)''; and + (II) in subclause (II), by striking + ``clause (i)'' and inserting + ``subclause (I)''; + (iii) in paragraph (5)(B)-- + (I) by striking ``The Director + shall determine whether the coordinator + position is a noncareer'' and inserting + ``For purposes of carrying out + subparagraph (A), the Director shall + designate or appoint an''; and + (II) by striking ``a career'' and + inserting ``an''; + (D) in subsection (d)-- + (i) paragraph (8)-- + (I) in subparagraph (E)-- + (aa) in clause (iii), by + moving subclauses (I) through + (V) two ems to the left so that + the left margin of such clause + is aligned with the margin of + clause (iii); and + (bb) by moving clause (iii) + two ems to the left so that the + left margin of such clause is + aligned with the margin of + subparagraph (E); and + (cc) by redesignating + clause (iii) as subparagraph + (F); and + (II) in subparagraph (F), as so + redesignated-- + (aa) by redesignating + subclauses (I) through (V) as + clauses (i) through (v), + respectively; and + (bb) in clause (v), as so + redesignated, by striking the + period at the end and inserting + a semicolon; and + (ii) in paragraph (9), by striking + ``section 704(f)(5)'' and inserting + ``subsection (f)(5); and''; and + (E) in subsection (j)-- + (i) by striking ``The Director shall + determine whether the coordinator position is a + noncareer'' and inserting ``For purposes of + carrying out the previous sentence, the + Director shall designate or appoint an''; + (ii) by striking ``a career'' and inserting + ``an''; and + (iii) by inserting ``section'' before + ``706''; + (6) in section 705-- + (A) in subsection (d)(1), by striking ``that + every'' and inserting ``than every''; and + (B) in subsection (f)-- + (i) in paragraph (1)-- + (I) in subparagraph (A)(i), by + striking the semicolon at the end and + inserting ``; and''; and + (II) in subparagraph (C)-- + (aa) by inserting ``that + may impede applicants'' after + ``barriers''; and + (bb) by striking + ``impediments'' and all that + follows through ``agencies''; + and + (ii) in paragraph (2), in the heading, by + inserting ``Program'' before ``agencies''; + (7) in section 707(o)(2)(B), by striking ``802(33))'' and + inserting ``802(33)))''; and + (8) in section 709-- + (A) in subsection (a)-- + (i) in the heading, by inserting ``and + Continuing'' before ``Threats''; + (ii) by striking ``The Director shall + determine whether the coordinator position is a + noncareer'' and inserting ``For purposes of + carrying out the previous sentence, the + Director shall designate or appoint an''; and + (iii) by striking ``a career'' and + inserting ``an''; + (B) in subsection (d)-- + (i) in paragraph (3)(F), by striking + ``response of'' and inserting ``response to''; + and + (ii) in paragraph (4)(B)(iii), by inserting + ``the'' before ``plan, where''; and + (C) in subsection (f)(1), by striking ``subtitle'' + and inserting ``subsection''. + (b) Repeal of Annual Report Requirement.--The Office of National +Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469; +120 Stat. 3502) is amended-- + (1) by repealing section 203; and + (2) in section (1)(c), in the table of contents, by + striking the item relating to section 203. + (c) Technical Correction to the Substance Abuse Prevention Act of +2018.-- + (1) Amendments.--The Substance Abuse Prevention Act of 2018 + (subtitle K of title VIII of Public Law 115-271) is amended-- + (A) in section 8203-- + (i) in subsection (a)-- + (I) in the heading, by striking + ``National Narcotics Leadership Act of + 1988'' and inserting ``Anti-Drug Abuse + Act of 1988''; + (II) in paragraph (1), by striking + ``the National Narcotics Leadership Act + of 1988'' and inserting ``subtitle A of + title I of the Anti-Drug Abuse Act of + 1988''; + (III) by striking paragraph (3); + (IV) by redesignating paragraph (4) + as paragraph (3); and + (V) in paragraph (3)(A), as so + redesignated, by striking ``National + Narcotics Leadership Act of 1988'' and + inserting ``Anti-Drug Abuse Act of + 1988''; and + (ii) in subsection (b)-- + (I) in the heading, by striking + ``National Narcotics Leadership Act of + 1988'' and inserting ``Anti-Drug Abuse + Act of 1988''; and + (II) in the matter preceding + paragraph (1), by striking ``National + Narcotics Leadership Act of 1988'' and + inserting ``Anti-Drug Abuse Act of + 1988''; and + (B) in section 8221-- + (i) in the quoted matter added by + subsection (a), by striking ``sec. 706. + national drug control strategy.''; and + (ii) in subsection (a), by striking + ``amended to read as follows:'' and inserting + ``amended-- + ``(1) by striking subsections (a) and (b); + ``(2) by redesignating subsections (c) and (d) as + subsections (h) and (i), respectively; and + ``(3) by inserting before subsection (h), as so + redesignated, the following:''. + (2) Effective date.--The amendments made by this subsection + shall take effect as if included in the enactment of the + Substance Abuse Prevention Act of 2018 (subtitle K of title + VIII of Public Law 115-271). + (d) Additional Technical Corrections to the Office of National Drug +Control Policy Reauthorization Act of 1998.--Section 706 of the Office +of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. +1701 et seq.) is amended-- + (1) in subsection (c)(1)(N)-- + (A) in clause (ii), by striking ``Programs'' and + inserting ``Program agencies''; and + (B) in clause (iii), by striking ``Agencies'' and + inserting ``Program agencies''; + (2) in subsection (c)(2), in the matter proceeding + subparagraph (A), by striking ``paragraph (1)'' and inserting + ``paragraph (1)(M)''; + (3) in subsection (f)-- + (A) in paragraph (2), by striking ``office'' and + inserting ``Office''; and + (B) in paragraph (3)(A)(ii)-- + (i) in subclause (III), by striking the + semicolon at the end and inserting ``; and''; + and + (ii) in subclause (IV), by striking the + semicolon at the end and inserting a period; + and + (4) in subsection (g)(3), in subparagraph (B), by striking + ``chapter;'' and inserting ``title; and''. + (e) Administration of Grant; Authorization of Appropriations.-- +Section 4 of Public Law 107-82 (21 U.S.C. 1521 note) is amended-- + (1) in subsection (a) by striking ``, using amounts + authorized to be appropriated by subsection (d),''; + (2) by striking subsection (d); and + (3) by inserting after subsection (c) the following: + ``(d) Administration of Grant.-- + ``(1) Duration.--The grant made under subsection (a) shall + be for a term of 5 years. + ``(2) Disbursement.--To the extent amounts are provided in + appropriation Acts for such grant, the Director shall disburse + the amount of the grant made under subsection (a) on an annual + basis. + ``(e) Authorization of Appropriations.--There are authorized to be +appropriated for the purposes of activities under this section, +including the grant under subsection (a), $2,000,000 for each of fiscal +years 2020 through 2024.''. + \ No newline at end of file From 81f2228a5f34a97a71e9efc2f1b055a543464cb1 Mon Sep 17 00:00:00 2001 From: "Rep. Rouda, Harley [D-CA-48]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 377/984] House-3889: Engrossed in House --- bills_text/House-3889.txt | 129 ++++++++++++++++++++++++-------------- 1 file changed, 83 insertions(+), 46 deletions(-) diff --git a/bills_text/House-3889.txt b/bills_text/House-3889.txt index 99d1a34..91b38b4 100644 --- a/bills_text/House-3889.txt +++ b/bills_text/House-3889.txt @@ -2,27 +2,9 @@ 1st Session H. R. 3889 -To amend the Office of National Drug Control Policy Reauthorization Act - of 1998 to make technical corrections. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - July 23, 2019 - -Mr. Rouda (for himself and Mr. Meadows) introduced the following bill; - which was referred to the Committee on Oversight and Reform, and in - addition to the Committee on Energy and Commerce, for a period to be -subsequently determined by the Speaker, in each case for consideration - of such provisions as fall within the jurisdiction of the committee - concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -88,7 +70,7 @@ Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended-- ``clause (i)''; and (II) in subclause (II), by striking ``clause (i)'' and inserting - ``subclause (I)''; + ``subclause (I)''; and (iii) in paragraph (5)(B)-- (I) by striking ``The Director shall determine whether the coordinator @@ -103,12 +85,12 @@ Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended-- (I) in subparagraph (E)-- (aa) in clause (iii), by moving subclauses (I) through - (V) two ems to the left so that + (V) 2 ems to the left so that the left margin of such clause is aligned with the margin of - clause (iii); and + clause (iii); (bb) by moving clause (iii) - two ems to the left so that the + 2 ems to the left so that the left margin of such clause is aligned with the margin of subparagraph (E); and @@ -126,7 +108,7 @@ Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended-- period at the end and inserting a semicolon; and (ii) in paragraph (9), by striking - ``section 704(f)(5)'' and inserting + ``section 704(f)(5);'' and inserting ``subsection (f)(5); and''; and (E) in subsection (j)-- (i) by striking ``The Director shall @@ -155,7 +137,8 @@ Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended-- follows through ``agencies''; and (ii) in paragraph (2), in the heading, by - inserting ``Program'' before ``agencies''; + striking ``drug control'' and inserting ``drug + control program''; (7) in section 707(o)(2)(B), by striking ``802(33))'' and inserting ``802(33)))''; and (8) in section 709-- @@ -181,8 +164,8 @@ Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended-- Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469; 120 Stat. 3502) is amended-- (1) by repealing section 203; and - (2) in section (1)(c), in the table of contents, by - striking the item relating to section 203. + (2) in section 1(c), in the table of contents, by striking + the item relating to section 203. (c) Technical Correction to the Substance Abuse Prevention Act of 2018.-- (1) Amendments.--The Substance Abuse Prevention Act of 2018 @@ -205,20 +188,52 @@ Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469; redesignated, by striking ``National Narcotics Leadership Act of 1988'' and inserting ``Anti-Drug Abuse Act of - 1988''; and + 1988''; (ii) in subsection (b)-- (I) in the heading, by striking ``National Narcotics Leadership Act of 1988'' and inserting ``Anti-Drug Abuse - Act of 1988''; and + Act of 1988''; (II) in the matter preceding paragraph (1), by striking ``National Narcotics Leadership Act of 1988'' and inserting ``Anti-Drug Abuse Act of 1988''; and + (III) in paragraph (4)(B), by + striking ``in section 1032(b)(1)(A) (21 + U.S.C. 1532(b)(1)(A)), by striking + clause (iii) and inserting the + following'' and inserting ``by amending + section 1032(b)(3)(D) (21 U.S.C. + 1532(b)(3)(D)) to read as follows''; + and + (iii) in the quoted matter added by + subsection (b)(4)(B)-- + (I) in clause (iii), by moving + subclauses (I) and (II) 2 ems to the + left so that the left margins of such + subclauses are aligned with the margin + of clause (iii); + (II) by moving clause (iii) 2 ems + to the left so that the left margin of + such clause is aligned with the margin + of subparagraph (B) of subsection + (b)(4); + (III) by redesignating clause (iii) + as subparagraph (D); and + (IV) in subparagraph (D), as so + redesignated-- + (aa) by redesignating + subclauses (I) and (II) as + clauses (i) and (ii), + respectively; and + (bb) in clause (ii), as so + redesignated, by striking + ``tears'' and inserting + ``years''; and (B) in section 8221-- (i) in the quoted matter added by - subsection (a), by striking ``sec. 706. + subsection (a), by striking ```sec. 706. national drug control strategy.''; and (ii) in subsection (a), by striking ``amended to read as follows:'' and inserting @@ -232,6 +247,12 @@ Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469; shall take effect as if included in the enactment of the Substance Abuse Prevention Act of 2018 (subtitle K of title VIII of Public Law 115-271). + (3) Matching requirement revived and restored.--Section + 1032(b)(1)(A)(iii) of the Anti-Drug Abuse Act of 1988 (21 + U.S.C. 1532(b)(1)(A)) is revived and restored as if the + amendment made by section 8203(b)(4) of the Substance Abuse + Prevention Act of 2018 (subtitle K of title VIII of Public Law + 115-271) had never been enacted. (d) Additional Technical Corrections to the Office of National Drug Control Policy Reauthorization Act of 1998.--Section 706 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. @@ -241,7 +262,7 @@ of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. inserting ``Program agencies''; and (B) in clause (iii), by striking ``Agencies'' and inserting ``Program agencies''; - (2) in subsection (c)(2), in the matter proceeding + (2) in subsection (c)(2), in the matter preceding subparagraph (A), by striking ``paragraph (1)'' and inserting ``paragraph (1)(M)''; (3) in subsection (f)-- @@ -255,22 +276,38 @@ of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. semicolon at the end and inserting a period; and (4) in subsection (g)(3), in subparagraph (B), by striking - ``chapter;'' and inserting ``title; and''. - (e) Administration of Grant; Authorization of Appropriations.-- -Section 4 of Public Law 107-82 (21 U.S.C. 1521 note) is amended-- - (1) in subsection (a) by striking ``, using amounts - authorized to be appropriated by subsection (d),''; - (2) by striking subsection (d); and - (3) by inserting after subsection (c) the following: + ``chapter;'' and inserting ``title;''. + (e) Administration of Grant.--Section 4 of Public Law 107-82 (21 +U.S.C. 1521 note) is amended-- + (1) in subsection (a)-- + (A) by striking ``The Director'' and inserting + ``Beginning in fiscal year 2020, the Director''; and + (B) by striking ``, using amounts authorized to be + appropriated by subsection (d),''; and + (2) by amending subsection (d) to read as follows: ``(d) Administration of Grant.-- - ``(1) Duration.--The grant made under subsection (a) shall - be for a term of 5 years. + ``(1) Duration.--With respect to a grant made under + subsection (a) in fiscal year 2020, the term of the grant shall + be 4 years. ``(2) Disbursement.--To the extent amounts are provided in appropriation Acts for such grant, the Director shall disburse the amount of the grant made under subsection (a) on an annual - basis. - ``(e) Authorization of Appropriations.--There are authorized to be -appropriated for the purposes of activities under this section, -including the grant under subsection (a), $2,000,000 for each of fiscal -years 2020 through 2024.''. - \ No newline at end of file + basis.''. + + Passed the House of Representatives October 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 3889 + +_______________________________________________________________________ + + AN ACT + +To amend the Office of National Drug Control Policy Reauthorization Act + of 1998 to make technical corrections. From ceb186367c003397e78f5da03d84b35ac5405491 Mon Sep 17 00:00:00 2001 From: "Rep. Rouda, Harley [D-CA-48]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 378/984] House-3889: Enrolled --- bills_text/House-3889.txt | 522 ++++++++++++++++++-------------------- 1 file changed, 240 insertions(+), 282 deletions(-) diff --git a/bills_text/House-3889.txt b/bills_text/House-3889.txt index 91b38b4..0bd9eb6 100644 --- a/bills_text/House-3889.txt +++ b/bills_text/House-3889.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 3889 + H.R.3889 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -13,301 +22,250 @@ To amend the Office of National Drug Control Policy Reauthorization Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``ONDCP Technical Corrections Act of 2019''. - SEC. 2. TECHNICAL CORRECTIONS. - (a) Office of National Drug Control Policy Reauthorization Act of 1998 Technical Corrections.--The Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended-- - (1) by striking ``National Drug Control Program Agency'' - and inserting ``National Drug Control Program agency'' each - place it appears; - (2) by striking ``National Drug Control Program Agencies'' - and inserting ``National Drug Control Program agencies'' each - place it appears; - (3) in section 702(15), by striking ``tribal'' each place - it appears and inserting ``Tribal''; - (4) in section 703-- - (A) in subsection (a)-- - (i) in paragraph (4), by striking - ``program,'' and inserting ``programs,''; and - (ii) in paragraph (6), by striking ``High- - Intensity'' and inserting ``High Intensity''; - and - (B) in subsection (d), by striking ``chapter'' each - place it appears and inserting ``title''; - (5) in section 704-- - (A) in subsection (a)(1)-- - (i) in subparagraph (C)-- - (I) in clause (i), by striking - ``section 704(c)(4)'' and inserting - ``subsection (c)(5)''; and - (II) in clause (iv), by striking - ``section 704(j)'' and inserting - ``subsection (j)''; and - (ii) in subparagraph (D)-- - (I) by striking ``The Director - shall determine whether the coordinator - position is a noncareer'' and inserting - ``For purposes of carrying out the - previous sentence, the Director shall - designate or appoint an''; and - (II) by striking ``a career'' and - inserting ``an''; - (B) in subsection (b)(21)(A)(iii), by striking - ``chapter'' and inserting ``title''; - (C) in subsection (c)-- - (i) in paragraph (2)(A)(ii), by striking - ``fo'' and inserting ``of''; - (ii) in paragraph (3)(E)(ii)-- - (I) in subclause (I), by striking - ``subparagraph (A)'' and inserting - ``clause (i)''; and - (II) in subclause (II), by striking - ``clause (i)'' and inserting - ``subclause (I)''; and - (iii) in paragraph (5)(B)-- - (I) by striking ``The Director - shall determine whether the coordinator - position is a noncareer'' and inserting - ``For purposes of carrying out - subparagraph (A), the Director shall - designate or appoint an''; and - (II) by striking ``a career'' and - inserting ``an''; - (D) in subsection (d)-- - (i) paragraph (8)-- - (I) in subparagraph (E)-- - (aa) in clause (iii), by - moving subclauses (I) through - (V) 2 ems to the left so that - the left margin of such clause - is aligned with the margin of - clause (iii); - (bb) by moving clause (iii) - 2 ems to the left so that the - left margin of such clause is - aligned with the margin of - subparagraph (E); and - (cc) by redesignating - clause (iii) as subparagraph - (F); and - (II) in subparagraph (F), as so - redesignated-- - (aa) by redesignating - subclauses (I) through (V) as - clauses (i) through (v), - respectively; and - (bb) in clause (v), as so - redesignated, by striking the - period at the end and inserting - a semicolon; and - (ii) in paragraph (9), by striking - ``section 704(f)(5);'' and inserting - ``subsection (f)(5); and''; and - (E) in subsection (j)-- - (i) by striking ``The Director shall - determine whether the coordinator position is a - noncareer'' and inserting ``For purposes of - carrying out the previous sentence, the - Director shall designate or appoint an''; - (ii) by striking ``a career'' and inserting - ``an''; and - (iii) by inserting ``section'' before - ``706''; - (6) in section 705-- - (A) in subsection (d)(1), by striking ``that - every'' and inserting ``than every''; and - (B) in subsection (f)-- - (i) in paragraph (1)-- - (I) in subparagraph (A)(i), by - striking the semicolon at the end and - inserting ``; and''; and - (II) in subparagraph (C)-- - (aa) by inserting ``that - may impede applicants'' after - ``barriers''; and - (bb) by striking - ``impediments'' and all that - follows through ``agencies''; - and - (ii) in paragraph (2), in the heading, by - striking ``drug control'' and inserting ``drug - control program''; - (7) in section 707(o)(2)(B), by striking ``802(33))'' and - inserting ``802(33)))''; and - (8) in section 709-- - (A) in subsection (a)-- - (i) in the heading, by inserting ``and - Continuing'' before ``Threats''; - (ii) by striking ``The Director shall - determine whether the coordinator position is a - noncareer'' and inserting ``For purposes of - carrying out the previous sentence, the - Director shall designate or appoint an''; and - (iii) by striking ``a career'' and - inserting ``an''; - (B) in subsection (d)-- - (i) in paragraph (3)(F), by striking - ``response of'' and inserting ``response to''; - and - (ii) in paragraph (4)(B)(iii), by inserting - ``the'' before ``plan, where''; and - (C) in subsection (f)(1), by striking ``subtitle'' - and inserting ``subsection''. + (1) by striking ``National Drug Control Program Agency'' and + inserting ``National Drug Control Program agency'' each place it + appears; + (2) by striking ``National Drug Control Program Agencies'' and + inserting ``National Drug Control Program agencies'' each place it + appears; + (3) in section 702(15), by striking ``tribal'' each place it + appears and inserting ``Tribal''; + (4) in section 703-- + (A) in subsection (a)-- + (i) in paragraph (4), by striking ``program,'' and + inserting ``programs,''; and + (ii) in paragraph (6), by striking ``High-Intensity'' + and inserting ``High Intensity''; and + (B) in subsection (d), by striking ``chapter'' each place + it appears and inserting ``title''; + (5) in section 704-- + (A) in subsection (a)(1)-- + (i) in subparagraph (C)-- + + (I) in clause (i), by striking ``section + 704(c)(4)'' and inserting ``subsection (c)(5)''; and + (II) in clause (iv), by striking ``section 704(j)'' + and inserting ``subsection (j)''; and + + (ii) in subparagraph (D)-- + + (I) by striking ``The Director shall determine + whether the coordinator position is a noncareer'' and + inserting ``For purposes of carrying out the previous + sentence, the Director shall designate or appoint an''; + and + (II) by striking ``a career'' and inserting ``an''; + + (B) in subsection (b)(21)(A)(iii), by striking ``chapter'' + and inserting ``title''; + (C) in subsection (c)-- + (i) in paragraph (2)(A)(ii), by striking ``fo'' and + inserting ``of''; + (ii) in paragraph (3)(E)(ii)-- + + (I) in subclause (I), by striking ``subparagraph + (A)'' and inserting ``clause (i)''; and + (II) in subclause (II), by striking ``clause (i)'' + and inserting ``subclause (I)''; and + + (iii) in paragraph (5)(B)-- + + (I) by striking ``The Director shall determine + whether the coordinator position is a noncareer'' and + inserting ``For purposes of carrying out subparagraph + (A), the Director shall designate or appoint an''; and + (II) by striking ``a career'' and inserting ``an''; + + (D) in subsection (d)-- + (i) paragraph (8)-- + + (I) in subparagraph (E)-- + + (aa) in clause (iii), by moving subclauses (I) + through (V) 2 ems to the left so that the left + margin of such clause is aligned with the margin of + clause (iii); + (bb) by moving clause (iii) 2 ems to the left + so that the left margin of such clause is aligned + with the margin of subparagraph (E); and + (cc) by redesignating clause (iii) as + subparagraph (F); and + + (II) in subparagraph (F), as so redesignated-- + + (aa) by redesignating subclauses (I) through + (V) as clauses (i) through (v), respectively; and + (bb) in clause (v), as so redesignated, by + striking the period at the end and inserting a + semicolon; and + (ii) in paragraph (9), by striking ``section + 704(f)(5);'' and inserting ``subsection (f)(5); and''; and + (E) in subsection (j)-- + (i) by striking ``The Director shall determine whether + the coordinator position is a noncareer'' and inserting + ``For purposes of carrying out the previous sentence, the + Director shall designate or appoint an''; + (ii) by striking ``a career'' and inserting ``an''; and + (iii) by inserting ``section'' before ``706''; + (6) in section 705-- + (A) in subsection (d)(1), by striking ``that every'' and + inserting ``than every''; and + (B) in subsection (f)-- + (i) in paragraph (1)-- + + (I) in subparagraph (A)(i), by striking the + semicolon at the end and inserting ``; and''; and + (II) in subparagraph (C)-- + + (aa) by inserting ``that may impede + applicants'' after ``barriers''; and + (bb) by striking ``impediments'' and all that + follows through ``agencies''; and + (ii) in paragraph (2), in the heading, by striking + ``drug control'' and inserting ``drug control program''; + (7) in section 707(o)(2)(B), by striking ``802(33))'' and + inserting ``802(33)))''; and + (8) in section 709-- + (A) in subsection (a)-- + (i) in the heading, by inserting ``and Continuing'' + before ``Threats''; + (ii) by striking ``The Director shall determine whether + the coordinator position is a noncareer'' and inserting + ``For purposes of carrying out the previous sentence, the + Director shall designate or appoint an''; and + (iii) by striking ``a career'' and inserting ``an''; + (B) in subsection (d)-- + (i) in paragraph (3)(F), by striking ``response of'' + and inserting ``response to''; and + (ii) in paragraph (4)(B)(iii), by inserting ``the'' + before ``plan, where''; and + (C) in subsection (f)(1), by striking ``subtitle'' and + inserting ``subsection''. (b) Repeal of Annual Report Requirement.--The Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469; 120 Stat. 3502) is amended-- - (1) by repealing section 203; and - (2) in section 1(c), in the table of contents, by striking - the item relating to section 203. + (1) by repealing section 203; and + (2) in section 1(c), in the table of contents, by striking the + item relating to section 203. (c) Technical Correction to the Substance Abuse Prevention Act of 2018.-- - (1) Amendments.--The Substance Abuse Prevention Act of 2018 - (subtitle K of title VIII of Public Law 115-271) is amended-- - (A) in section 8203-- - (i) in subsection (a)-- - (I) in the heading, by striking - ``National Narcotics Leadership Act of - 1988'' and inserting ``Anti-Drug Abuse - Act of 1988''; - (II) in paragraph (1), by striking - ``the National Narcotics Leadership Act - of 1988'' and inserting ``subtitle A of - title I of the Anti-Drug Abuse Act of - 1988''; - (III) by striking paragraph (3); - (IV) by redesignating paragraph (4) - as paragraph (3); and - (V) in paragraph (3)(A), as so - redesignated, by striking ``National - Narcotics Leadership Act of 1988'' and - inserting ``Anti-Drug Abuse Act of - 1988''; - (ii) in subsection (b)-- - (I) in the heading, by striking - ``National Narcotics Leadership Act of - 1988'' and inserting ``Anti-Drug Abuse - Act of 1988''; - (II) in the matter preceding - paragraph (1), by striking ``National - Narcotics Leadership Act of 1988'' and - inserting ``Anti-Drug Abuse Act of - 1988''; and - (III) in paragraph (4)(B), by - striking ``in section 1032(b)(1)(A) (21 - U.S.C. 1532(b)(1)(A)), by striking - clause (iii) and inserting the - following'' and inserting ``by amending - section 1032(b)(3)(D) (21 U.S.C. - 1532(b)(3)(D)) to read as follows''; - and - (iii) in the quoted matter added by - subsection (b)(4)(B)-- - (I) in clause (iii), by moving - subclauses (I) and (II) 2 ems to the - left so that the left margins of such - subclauses are aligned with the margin - of clause (iii); - (II) by moving clause (iii) 2 ems - to the left so that the left margin of - such clause is aligned with the margin - of subparagraph (B) of subsection - (b)(4); - (III) by redesignating clause (iii) - as subparagraph (D); and - (IV) in subparagraph (D), as so - redesignated-- - (aa) by redesignating - subclauses (I) and (II) as - clauses (i) and (ii), - respectively; and - (bb) in clause (ii), as so - redesignated, by striking - ``tears'' and inserting - ``years''; and - (B) in section 8221-- - (i) in the quoted matter added by - subsection (a), by striking ```sec. 706. - national drug control strategy.''; and - (ii) in subsection (a), by striking - ``amended to read as follows:'' and inserting - ``amended-- - ``(1) by striking subsections (a) and (b); - ``(2) by redesignating subsections (c) and (d) as - subsections (h) and (i), respectively; and - ``(3) by inserting before subsection (h), as so - redesignated, the following:''. - (2) Effective date.--The amendments made by this subsection - shall take effect as if included in the enactment of the - Substance Abuse Prevention Act of 2018 (subtitle K of title - VIII of Public Law 115-271). - (3) Matching requirement revived and restored.--Section - 1032(b)(1)(A)(iii) of the Anti-Drug Abuse Act of 1988 (21 - U.S.C. 1532(b)(1)(A)) is revived and restored as if the - amendment made by section 8203(b)(4) of the Substance Abuse - Prevention Act of 2018 (subtitle K of title VIII of Public Law - 115-271) had never been enacted. + (1) Amendments.--The Substance Abuse Prevention Act of 2018 + (subtitle K of title VIII of Public Law 115-271) is amended-- + (A) in section 8203-- + (i) in subsection (a)-- + + (I) in the heading, by striking ``National + Narcotics Leadership Act of 1988'' and inserting + ``Anti-Drug Abuse Act of 1988''; + (II) in paragraph (1), by striking ``the National + Narcotics Leadership Act of 1988'' and inserting + ``subtitle A of title I of the Anti-Drug Abuse Act of + 1988''; + (III) by striking paragraph (3); + (IV) by redesignating paragraph (4) as paragraph + (3); and + (V) in paragraph (3)(A), as so redesignated, by + striking ``National Narcotics Leadership Act of 1988'' + and inserting ``Anti-Drug Abuse Act of 1988''; + + (ii) in subsection (b)-- + + (I) in the heading, by striking ``National + Narcotics Leadership Act of 1988'' and inserting + ``Anti-Drug Abuse Act of 1988''; + (II) in the matter preceding paragraph (1), by + striking ``National Narcotics Leadership Act of 1988'' + and inserting ``Anti-Drug Abuse Act of 1988''; and + (III) in paragraph (4)(B), by striking ``in section + 1032(b)(1)(A) (21 U.S.C. 1532(b)(1)(A)), by striking + clause (iii) and inserting the following'' and + inserting ``by amending section 1032(b)(3)(D) (21 + U.S.C. 1532(b)(3)(D)) to read as follows''; and + + (iii) in the quoted matter added by subsection + (b)(4)(B)-- + + (I) in clause (iii), by moving subclauses (I) and + (II) 2 ems to the left so that the left margins of such + subclauses are aligned with the margin of clause (iii); + (II) by moving clause (iii) 2 ems to the left so + that the left margin of such clause is aligned with the + margin of subparagraph (B) of subsection (b)(4); + (III) by redesignating clause (iii) as subparagraph + (D); and + (IV) in subparagraph (D), as so redesignated-- + + (aa) by redesignating subclauses (I) and (II) + as clauses (i) and (ii), respectively; and + (bb) in clause (ii), as so redesignated, by + striking ``tears'' and inserting ``years''; and + (B) in section 8221-- + (i) in the quoted matter added by subsection (a), by + striking ```sec. 706. national drug control strategy.''; + and + (ii) in subsection (a), by striking ``amended to read + as follows:'' and inserting ``amended-- + ``(1) by striking subsections (a) and (b); + ``(2) by redesignating subsections (c) and (d) as subsections + (h) and (i), respectively; and + ``(3) by inserting before subsection (h), as so redesignated, + the following:''. + (2) Effective date.--The amendments made by this subsection + shall take effect as if included in the enactment of the Substance + Abuse Prevention Act of 2018 (subtitle K of title VIII of Public + Law 115-271). + (3) Matching requirement revived and restored.--Section + 1032(b)(1)(A)(iii) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. + 1532(b)(1)(A)) is revived and restored as if the amendment made by + section 8203(b)(4) of the Substance Abuse Prevention Act of 2018 + (subtitle K of title VIII of Public Law 115-271) had never been + enacted. (d) Additional Technical Corrections to the Office of National Drug Control Policy Reauthorization Act of 1998.--Section 706 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended-- - (1) in subsection (c)(1)(N)-- - (A) in clause (ii), by striking ``Programs'' and - inserting ``Program agencies''; and - (B) in clause (iii), by striking ``Agencies'' and - inserting ``Program agencies''; - (2) in subsection (c)(2), in the matter preceding - subparagraph (A), by striking ``paragraph (1)'' and inserting - ``paragraph (1)(M)''; - (3) in subsection (f)-- - (A) in paragraph (2), by striking ``office'' and - inserting ``Office''; and - (B) in paragraph (3)(A)(ii)-- - (i) in subclause (III), by striking the - semicolon at the end and inserting ``; and''; - and - (ii) in subclause (IV), by striking the - semicolon at the end and inserting a period; - and - (4) in subsection (g)(3), in subparagraph (B), by striking - ``chapter;'' and inserting ``title;''. + (1) in subsection (c)(1)(N)-- + (A) in clause (ii), by striking ``Programs'' and inserting + ``Program agencies''; and + (B) in clause (iii), by striking ``Agencies'' and inserting + ``Program agencies''; + (2) in subsection (c)(2), in the matter preceding subparagraph + (A), by striking ``paragraph (1)'' and inserting ``paragraph + (1)(M)''; + (3) in subsection (f)-- + (A) in paragraph (2), by striking ``office'' and inserting + ``Office''; and + (B) in paragraph (3)(A)(ii)-- + (i) in subclause (III), by striking the semicolon at + the end and inserting ``; and''; and + (ii) in subclause (IV), by striking the semicolon at + the end and inserting a period; and + (4) in subsection (g)(3), in subparagraph (B), by striking + ``chapter;'' and inserting ``title;''. (e) Administration of Grant.--Section 4 of Public Law 107-82 (21 U.S.C. 1521 note) is amended-- - (1) in subsection (a)-- - (A) by striking ``The Director'' and inserting - ``Beginning in fiscal year 2020, the Director''; and - (B) by striking ``, using amounts authorized to be - appropriated by subsection (d),''; and - (2) by amending subsection (d) to read as follows: + (1) in subsection (a)-- + (A) by striking ``The Director'' and inserting ``Beginning + in fiscal year 2020, the Director''; and + (B) by striking ``, using amounts authorized to be + appropriated by subsection (d),''; and + (2) by amending subsection (d) to read as follows: ``(d) Administration of Grant.-- - ``(1) Duration.--With respect to a grant made under - subsection (a) in fiscal year 2020, the term of the grant shall - be 4 years. - ``(2) Disbursement.--To the extent amounts are provided in - appropriation Acts for such grant, the Director shall disburse - the amount of the grant made under subsection (a) on an annual - basis.''. - - Passed the House of Representatives October 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + ``(1) Duration.--With respect to a grant made under subsection + (a) in fiscal year 2020, the term of the grant shall be 4 years. + ``(2) Disbursement.--To the extent amounts are provided in + appropriation Acts for such grant, the Director shall disburse the + amount of the grant made under subsection (a) on an annual + basis.''. - H. R. 3889 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - -To amend the Office of National Drug Control Policy Reauthorization Act - of 1998 to make technical corrections. + Vice President of the United States and + President of the Senate. From 273b3a16c779c3c5c2c6d62fcfefacd3b511c4cb Mon Sep 17 00:00:00 2001 From: "Rep. Lawrence, Brenda L. [D-MI-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 379/984] House-3976: Introduced to House --- bills_text/House-3976.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-3976.txt diff --git a/bills_text/House-3976.txt b/bills_text/House-3976.txt new file mode 100644 index 0000000..452f0e0 --- /dev/null +++ b/bills_text/House-3976.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 3976 + + To designate the facility of the United States Postal Service located + at 12711 East Jefferson Avenue in Detroit, Michigan, as the ``Aretha + Franklin Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 25, 2019 + + Mrs. Lawrence (for herself, Mr. Bergman, Mr. Huizenga, Mr. Amash, Mr. + Moolenaar, Mr. Kildee, Mr. Upton, Mr. Walberg, Ms. Slotkin, Mr. Levin + of Michigan, Mr. Mitchell, Ms. Stevens, Mrs. Dingell, and Ms. Tlaib) + introduced the following bill; which was referred to the Committee on + Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 12711 East Jefferson Avenue in Detroit, Michigan, as the ``Aretha + Franklin Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. ARETHA FRANKLIN POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 12711 East Jefferson Avenue in Detroit, Michigan, shall be +known and designated as the ``Aretha Franklin Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Aretha +Franklin Post Office Building''. + \ No newline at end of file From eb6acb0c3178ec0fc2c54f0df99901668f57af20 Mon Sep 17 00:00:00 2001 From: "Rep. Lawrence, Brenda L. [D-MI-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 380/984] House-3976: Engrossed in House --- bills_text/House-3976.txt | 42 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 21 deletions(-) diff --git a/bills_text/House-3976.txt b/bills_text/House-3976.txt index 452f0e0..5b9a7e4 100644 --- a/bills_text/House-3976.txt +++ b/bills_text/House-3976.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 3976 - To designate the facility of the United States Postal Service located - at 12711 East Jefferson Avenue in Detroit, Michigan, as the ``Aretha - Franklin Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - July 25, 2019 - - Mrs. Lawrence (for herself, Mr. Bergman, Mr. Huizenga, Mr. Amash, Mr. - Moolenaar, Mr. Kildee, Mr. Upton, Mr. Walberg, Ms. Slotkin, Mr. Levin - of Michigan, Mr. Mitchell, Ms. Stevens, Mrs. Dingell, and Ms. Tlaib) - introduced the following bill; which was referred to the Committee on - Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -42,4 +24,22 @@ known and designated as the ``Aretha Franklin Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Aretha Franklin Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives February 5, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 3976 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 12711 East Jefferson Avenue in Detroit, Michigan, as the ``Aretha + Franklin Post Office Building''. From dfb1f65c2f9be0abaddb809634b83d0f45dfc471 Mon Sep 17 00:00:00 2001 From: "Rep. Lawrence, Brenda L. [D-MI-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 381/984] House-3976: Enrolled --- bills_text/House-3976.txt | 45 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-3976.txt b/bills_text/House-3976.txt index 5b9a7e4..33bcffb 100644 --- a/bills_text/House-3976.txt +++ b/bills_text/House-3976.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 3976 + H.R.3976 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 12711 East Jefferson Avenue in Detroit, Michigan, as the ``Aretha +To designate the facility of the United States Postal Service located at + 12711 East Jefferson Avenue in Detroit, Michigan, as the ``Aretha Franklin Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. ARETHA FRANKLIN POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 12711 East Jefferson Avenue in Detroit, Michigan, shall be known and designated as the ``Aretha Franklin Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Aretha Franklin Post Office Building''. - Passed the House of Representatives February 5, 2020. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 3976 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located - at 12711 East Jefferson Avenue in Detroit, Michigan, as the ``Aretha - Franklin Post Office Building''. + Vice President of the United States and + President of the Senate. From 708d7ba17dc8db3d866cc079a58cb1ed9ad24a5d Mon Sep 17 00:00:00 2001 From: "Rep. Joyce, David P. [R-OH-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 382/984] House-4031: Introduced to House --- bills_text/House-4031.txt | 67 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 67 insertions(+) create mode 100644 bills_text/House-4031.txt diff --git a/bills_text/House-4031.txt b/bills_text/House-4031.txt new file mode 100644 index 0000000..f11b5da --- /dev/null +++ b/bills_text/House-4031.txt @@ -0,0 +1,67 @@ +116th CONGRESS + 1st Session + H. R. 4031 + + To amend the Federal Water Pollution Control Act to reauthorize the + Great Lakes Restoration Initiative, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 25, 2019 + +Mr. Joyce of Ohio (for himself, Ms. Kaptur, Mr. Huizenga, Mrs. Dingell, +Mr. Quigley, Mr. Ryan, Ms. Stefanik, Mr. Higgins of New York, Mr. Rush, +Mr. Kildee, Ms. Moore, Mr. Casten of Illinois, Mr. Morelle, Mr. Katko, + Mr. Visclosky, Mr. Carson of Indiana, Mr. Mitchell, Mr. Gonzalez of +Ohio, Mr. Stivers, Mr. Collins of New York, Ms. Schakowsky, Ms. Fudge, + Mr. Upton, Mr. Reed, Mr. Schneider, Mr. Stauber, Mr. Gibbs, Mrs. +Walorski, Mr. Gallagher, Mr. Levin of Michigan, Mr. Walberg, Mr. Kind, + Mr. Krishnamoorthi, Mr. Foster, Mrs. Lawrence, Ms. McCollum, Mr. + Moolenaar, Mr. Bergman, Mr. Turner, and Mr. Kelly of Pennsylvania) + introduced the following bill; which was referred to the Committee on + Transportation and Infrastructure + +_______________________________________________________________________ + + A BILL + + + + To amend the Federal Water Pollution Control Act to reauthorize the + Great Lakes Restoration Initiative, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Great Lakes Restoration Initiative +Act of 2019'' or the ``GLRI Act of 2019''. + +SEC. 2. GREAT LAKES RESTORATION INITIATIVE REAUTHORIZATION. + + Section 118(c)(7)(J)(i) of the Federal Water Pollution Control Act +(33 U.S.C. 1268(c)(7)(J)(i)) is amended-- + (1) by striking ``is authorized'' and inserting ``are + authorized''; + (2) by striking the period at the end and inserting a + semicolon; + (3) by striking ``this paragraph $300,000,000'' and + inserting the following: ``this paragraph-- + ``(I) $300,000,000''; and + (4) by adding at the end the following: + ``(II) $375,000,000 for fiscal year + 2022; + ``(III) $400,000,000 for fiscal + year 2023; + ``(IV) $425,000,000 for fiscal year + 2024; + ``(V) $450,000,000 for fiscal year + 2025; and + ``(VI) $475,000,000 for fiscal year + 2026.''. + \ No newline at end of file From 7f49d1ceed7d07cde57ef3264cb3f9acc6d7b9fc Mon Sep 17 00:00:00 2001 From: "Rep. Joyce, David P. [R-OH-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 383/984] House-4031: Engrossed in House --- bills_text/House-4031.txt | 46 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 26 deletions(-) diff --git a/bills_text/House-4031.txt b/bills_text/House-4031.txt index f11b5da..06de2da 100644 --- a/bills_text/House-4031.txt +++ b/bills_text/House-4031.txt @@ -1,33 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4031 - To amend the Federal Water Pollution Control Act to reauthorize the - Great Lakes Restoration Initiative, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - July 25, 2019 - -Mr. Joyce of Ohio (for himself, Ms. Kaptur, Mr. Huizenga, Mrs. Dingell, -Mr. Quigley, Mr. Ryan, Ms. Stefanik, Mr. Higgins of New York, Mr. Rush, -Mr. Kildee, Ms. Moore, Mr. Casten of Illinois, Mr. Morelle, Mr. Katko, - Mr. Visclosky, Mr. Carson of Indiana, Mr. Mitchell, Mr. Gonzalez of -Ohio, Mr. Stivers, Mr. Collins of New York, Ms. Schakowsky, Ms. Fudge, - Mr. Upton, Mr. Reed, Mr. Schneider, Mr. Stauber, Mr. Gibbs, Mrs. -Walorski, Mr. Gallagher, Mr. Levin of Michigan, Mr. Walberg, Mr. Kind, - Mr. Krishnamoorthi, Mr. Foster, Mrs. Lawrence, Ms. McCollum, Mr. - Moolenaar, Mr. Bergman, Mr. Turner, and Mr. Kelly of Pennsylvania) - introduced the following bill; which was referred to the Committee on - Transportation and Infrastructure - -_______________________________________________________________________ - - A BILL + AN ACT @@ -64,4 +41,21 @@ SEC. 2. GREAT LAKES RESTORATION INITIATIVE REAUTHORIZATION. 2025; and ``(VI) $475,000,000 for fiscal year 2026.''. - \ No newline at end of file + + Passed the House of Representatives February 5, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4031 + +_______________________________________________________________________ + + AN ACT + + To amend the Federal Water Pollution Control Act to reauthorize the + Great Lakes Restoration Initiative, and for other purposes. From 41e7aca56306b7f9104b6676bfed598ed517ede6 Mon Sep 17 00:00:00 2001 From: "Rep. Joyce, David P. [R-OH-14]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 384/984] House-4031: Enrolled --- bills_text/House-4031.txt | 72 +++++++++++++++++---------------------- 1 file changed, 31 insertions(+), 41 deletions(-) diff --git a/bills_text/House-4031.txt b/bills_text/House-4031.txt index 06de2da..05ec481 100644 --- a/bills_text/House-4031.txt +++ b/bills_text/House-4031.txt @@ -1,61 +1,51 @@ -116th CONGRESS - 2d Session - H. R. 4031 + H.R.4031 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the Federal Water Pollution Control Act to reauthorize the - Great Lakes Restoration Initiative, and for other purposes. + Great Lakes Restoration Initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Great Lakes Restoration Initiative Act of 2019'' or the ``GLRI Act of 2019''. - SEC. 2. GREAT LAKES RESTORATION INITIATIVE REAUTHORIZATION. - Section 118(c)(7)(J)(i) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)(J)(i)) is amended-- - (1) by striking ``is authorized'' and inserting ``are - authorized''; - (2) by striking the period at the end and inserting a - semicolon; - (3) by striking ``this paragraph $300,000,000'' and - inserting the following: ``this paragraph-- - ``(I) $300,000,000''; and - (4) by adding at the end the following: - ``(II) $375,000,000 for fiscal year - 2022; - ``(III) $400,000,000 for fiscal - year 2023; - ``(IV) $425,000,000 for fiscal year - 2024; - ``(V) $450,000,000 for fiscal year - 2025; and - ``(VI) $475,000,000 for fiscal year - 2026.''. - - Passed the House of Representatives February 5, 2020. + (1) by striking ``is authorized'' and inserting ``are + authorized''; + (2) by striking the period at the end and inserting a + semicolon; + (3) by striking ``this paragraph $300,000,000'' and inserting + the following: ``this paragraph-- - Attest: + ``(I) $300,000,000''; and - Clerk. -116th CONGRESS + (4) by adding at the end the following: - 2d Session + ``(II) $375,000,000 for fiscal year 2022; + ``(III) $400,000,000 for fiscal year 2023; + ``(IV) $425,000,000 for fiscal year 2024; + ``(V) $450,000,000 for fiscal year 2025; and + ``(VI) $475,000,000 for fiscal year 2026.''. - H. R. 4031 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - - To amend the Federal Water Pollution Control Act to reauthorize the - Great Lakes Restoration Initiative, and for other purposes. + Vice President of the United States and + President of the Senate. From 1f33b6cc9744b31b2fb17ba166323e7b8ace17b7 Mon Sep 17 00:00:00 2001 From: "Rep. Kilmer, Derek [D-WA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 385/984] House-4034: Introduced to House --- bills_text/House-4034.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-4034.txt diff --git a/bills_text/House-4034.txt b/bills_text/House-4034.txt new file mode 100644 index 0000000..0965fbf --- /dev/null +++ b/bills_text/House-4034.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 4034 + + To designate the facility of the United States Postal Service located + at 602 Pacific Avenue in Bremerton, Washington, as the ``John Henry + Turpin Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 25, 2019 + + Mr. Kilmer (for himself, Ms. DelBene, Mr. Larsen of Washington, Ms. +Herrera Beutler, Mr. Newhouse, Mrs. Rodgers of Washington, Ms. Jayapal, + Ms. Schrier, Mr. Smith of Washington, and Mr. Heck) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 602 Pacific Avenue in Bremerton, Washington, as the ``John Henry + Turpin Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. JOHN HENRY TURPIN POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 602 Pacific Avenue in Bremerton, Washington, shall be known +and designated as the ``John Henry Turpin Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``John Henry +Turpin Post Office Building''. + \ No newline at end of file From cee05cb635a1288ddf1a6ad5e20ab46581a67cd2 Mon Sep 17 00:00:00 2001 From: "Rep. Kilmer, Derek [D-WA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 386/984] House-4034: Engrossed in House --- bills_text/House-4034.txt | 42 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 21 deletions(-) diff --git a/bills_text/House-4034.txt b/bills_text/House-4034.txt index 0965fbf..64529f7 100644 --- a/bills_text/House-4034.txt +++ b/bills_text/House-4034.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4034 - To designate the facility of the United States Postal Service located - at 602 Pacific Avenue in Bremerton, Washington, as the ``John Henry - Turpin Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - July 25, 2019 - - Mr. Kilmer (for himself, Ms. DelBene, Mr. Larsen of Washington, Ms. -Herrera Beutler, Mr. Newhouse, Mrs. Rodgers of Washington, Ms. Jayapal, - Ms. Schrier, Mr. Smith of Washington, and Mr. Heck) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -42,4 +24,22 @@ and designated as the ``John Henry Turpin Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``John Henry Turpin Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4034 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 602 Pacific Avenue in Bremerton, Washington, as the ``John Henry + Turpin Post Office Building''. From 4963d5b616727e62dcc5538b4771c51b7d68a647 Mon Sep 17 00:00:00 2001 From: "Rep. Kilmer, Derek [D-WA-6]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 387/984] House-4034: Enrolled --- bills_text/House-4034.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4034.txt b/bills_text/House-4034.txt index 64529f7..fd0357d 100644 --- a/bills_text/House-4034.txt +++ b/bills_text/House-4034.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4034 + H.R.4034 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 602 Pacific Avenue in Bremerton, Washington, as the ``John Henry - Turpin Post Office Building''. +To designate the facility of the United States Postal Service located at +602 Pacific Avenue in Bremerton, Washington, as the ``John Henry Turpin + Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. JOHN HENRY TURPIN POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 602 Pacific Avenue in Bremerton, Washington, shall be known and designated as the ``John Henry Turpin Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``John Henry Turpin Post Office Building''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4034 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 602 Pacific Avenue in Bremerton, Washington, as the ``John Henry - Turpin Post Office Building''. + Vice President of the United States and + President of the Senate. From 9090afaab46509c9288c07e8b00c043350c74327 Mon Sep 17 00:00:00 2001 From: "Rep. Cleaver, Emanuel [D-MO-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 388/984] House-4104: Introduced to House --- bills_text/House-4104.txt | 221 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 221 insertions(+) create mode 100644 bills_text/House-4104.txt diff --git a/bills_text/House-4104.txt b/bills_text/House-4104.txt new file mode 100644 index 0000000..656e513 --- /dev/null +++ b/bills_text/House-4104.txt @@ -0,0 +1,221 @@ +116th CONGRESS + 1st Session + H. R. 4104 + + To require the Secretary of the Treasury to mint a coin in + commemoration of the 100th anniversary of the establishment of the + Negro Leagues baseball. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 30, 2019 + + Mr. Cleaver (for himself and Mr. Stivers) introduced the following + bill; which was referred to the Committee on Financial Services + +_______________________________________________________________________ + + A BILL + + + + To require the Secretary of the Treasury to mint a coin in + commemoration of the 100th anniversary of the establishment of the + Negro Leagues baseball. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Negro Leagues Baseball Centennial +Commemorative Coin Act''. + +SEC. 2. FINDINGS. + + The Congress finds the following: + (1) The year 2020 marks the 100th anniversary of the + establishment of the Negro National League, a professional + baseball league formed in response to African-American players + being banned from the major leagues. + (2) On February 13, 1920, Andrew ``Rube'' Foster convened a + meeting of 8 independent African-American baseball team owners + at the Paseo YMCA in Kansas City, Missouri, to form a ``league + of their own,'' establishing the Negro National League, the + first successful, organized professional African-American + baseball league in the United States. + (3) Soon, additional leagues formed in eastern and southern + States. + (4) The Negro Leagues would operate for 40 years until + 1960. + (5) The story of the Negro Leagues is a story of strong- + willed athletes who forged a glorious history in the midst of + an inglorious era of segregation in the United States. + (6) The passion of the Negro Leagues players for the + National Pastime would not only change the game, but also the + United States. + (7) The creation of the Negro Leagues provided a playing + field for more than 2,600 African-American and Hispanic + baseball players to showcase their world-class baseball + abilities. + (8) The Negro Leagues introduced an exciting brand of + baseball that was in stark contrast to Major League Baseball. + (9) A fast, aggressive style of play attracted black and + white fans who sat together to watch those games at a time when + it was virtually unheard of to interact socially in such a way. + (10) Negro Leagues baseball would become a catalyst for + economic development across the United States in major urban + centers such as Kansas City, St. Louis, New York, Memphis, + Baltimore, Washington, DC, Chicago, and Atlanta. + (11) The Negro Leagues pioneered ``Night Baseball'' in + 1930, 5 years before Major League Baseball, and would introduce + game changing innovations such as shin guards and the batting + helmet. + (12) The Negro Leagues helped make the National Pastime a + global game as players from the Negro Leagues-- + (A) were the first people from the United States to + play in many Spanish-speaking countries; and + (B) introduced professional baseball to the + Japanese in 1927. + (13) Jackie Robinson, a military veteran and former member + of the Negro league's Kansas City Monarchs, would break Major + League Baseball's color barrier on April 15, 1947, with the + Brooklyn Dodgers, paving the way for other African-American and + Hispanic baseball players. + (14) The Negro Leagues were born out of segregation yet + would become a driving force for social change in the United + States. + (15) The Negro Leagues produced future Major League + Baseball stars, including Leroy ``Satchel'' Paige, Larry Doby, + Willie Mays, Henry Aaron, Ernie Banks, and Roy Campanella. + (16) The Negro Leagues Baseball Museum was established in + Kansas City, Missouri, in 1990-- + (A) to save from extinction a precious piece of + Americana and baseball history; and + (B) to use the many life lessons of the powerful + story of triumph over adversity of Negro Leagues + players to promote tolerance, diversity, and inclusion. + (17) In 2006, Congress granted National Designation to the + Negro Leagues Baseball Museum, recognizing it as ``America's + Home'' for Negro Leagues baseball history. + +SEC. 3. COIN SPECIFICATIONS. + + (a) Denominations.--The Secretary of the Treasury (hereafter in +this Act referred to as the ``Secretary'') shall mint and issue the +following coins in commemoration of the 100th anniversary of the +establishment of the Negro Leagues baseball: + (1) $5 gold coins.--Not more than 50,000 $5 coins, which + shall-- + (A) weigh 8.359 grams; + (B) have a diameter of 0.850 inches; and + (C) contain not less than 90 percent gold. + (2) $1 silver coins.--Not more than 400,000 $1 coins, which + shall-- + (A) weigh 26.73 grams; + (B) have a diameter of 1.500 inches; and + (C) contain not less than 90 percent silver. + (3) Half-dollar clad coins.--Not more than 750,000 half- + dollar coins which shall-- + (A) weigh 11.34 grams; + (B) have a diameter of 1.205 inches; and + (C) be minted to the specifications for half-dollar + coins contained in section 5112(b) of title 31, United + States Code. + (b) Legal Tender.--The coins minted under this Act shall be legal +tender, as provided in section 5103 of title 31, United States Code. + (c) Numismatic Items.--For purposes of sections 5134 and 5136 of +title 31, United States Code, all coins minted under this Act shall be +considered to be numismatic items. + +SEC. 4. DESIGN OF COINS. + + (a) Design Requirements.-- + (1) In general.--The design of the coins minted under this + Act shall be emblematic of the Negro Leagues Baseball Museum + and its mission to promote tolerance, diversity, and inclusion. + (2) Designation and inscriptions.--On each coin minted + under this Act, there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2021''; and + (C) inscriptions of the words ``Liberty'', ``In God + We Trust'', ``United States of America'', and ``E + Pluribus Unum''. + (b) Selection.--The design for the coins minted under this Act +shall be-- + (1) selected by the Secretary after consultation with the + Negro Leagues Baseball Museum and the Commission of Fine Arts; + and + (2) reviewed by the Citizens Coinage Advisory Committee. + +SEC. 5. ISSUANCE OF COINS. + + (a) Quality of Coins.--Coins minted under this Act shall be issued +in uncirculated and proof qualities. + (b) Mint Facilities.--Only 1 facility of the United States Mint may +be used to strike any particular quality of the coins minted under this +Act. + (c) Period for Issuance.--The Secretary may issue coins minted +under this Act only during the period beginning on January 1, 2021, and +ending on December 31, 2021. + +SEC. 6. SALE OF COINS. + + (a) Sale Price.--The coins issued under this Act shall be sold by +the Secretary at a price equal to the sum of-- + (1) the face value of the coins; + (2) the surcharge provided in section 7(a) with respect to + such coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). + (b) Bulk Sales.--The Secretary shall make bulk sales of the coins +issued under this Act at a reasonable discount. + (c) Prepaid Orders.-- + (1) In general.--The Secretary shall accept prepaid orders + for the coins minted under this Act before the issuance of such + coins. + (2) Discount.--Sale prices with respect to prepaid orders + under paragraph (1) shall be at a reasonable discount. + +SEC. 7. SURCHARGES. + + (a) In General.--All sales of coins issued under this Act shall +include a surcharge as follows: + (1) A surcharge of $35 per coin for the gold coins. + (2) A surcharge of $10 per coin for the silver coins. + (3) A surcharge of $5 per coin for the half-dollar coins. + (b) Distribution.--Subject to section 5134(f) of title 31, United +States Code, all surcharges received by the Secretary from the sale of +coins issued under this Act shall be paid to the Negro Leagues Baseball +Museum to fund educational and outreach programs and exhibits. + (c) Audits.--The Negro Leagues Baseball Museum shall be subject to +the audit requirements of section 5134(f)(2) of title 31, United States +Code, with regard to the amounts received under subsection (b). + (d) Limitation.--Notwithstanding subsection (a), no surcharge may +be included with respect to the issuance under this Act of any coin +during a calendar year if, as of the time of such issuance, the +issuance of such coin would result in the number of commemorative coin +programs issued during such year to exceed the annual 2 commemorative +coin program issuance limitation under section 5112(m)(1) of title 31, +United States Code. The Secretary of the Treasury may issue guidance to +carry out this subsection. + +SEC. 8. FINANCIAL ASSURANCES. + + The Secretary shall take such actions as may be necessary to ensure +that-- + (1) minting and issuing coins under this Act will not + result in any net cost to the United States Government; and + (2) no funds, including applicable surcharges, shall be + disbursed to any recipient designated in section 7(b) until the + total cost of designing and issuing all of the coins authorized + by this Act (including labor, materials, dies, use of + machinery, overhead expenses, marketing, and shipping) is + recovered by the United States Treasury, consistent with + sections 5112(m) and 5134(f) of title 31, United States Code. + \ No newline at end of file From 6bd8d2b3b7533b5169c53a7bdf9026d51f0485a9 Mon Sep 17 00:00:00 2001 From: "Rep. Cleaver, Emanuel [D-MO-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 389/984] House-4104: Engrossed in House --- bills_text/House-4104.txt | 113 ++++++++++++++++++++++---------------- 1 file changed, 66 insertions(+), 47 deletions(-) diff --git a/bills_text/House-4104.txt b/bills_text/House-4104.txt index 656e513..0dcb8b9 100644 --- a/bills_text/House-4104.txt +++ b/bills_text/House-4104.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4104 - To require the Secretary of the Treasury to mint a coin in - commemoration of the 100th anniversary of the establishment of the - Negro Leagues baseball. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - July 30, 2019 - - Mr. Cleaver (for himself and Mr. Stivers) introduced the following - bill; which was referred to the Committee on Financial Services - _______________________________________________________________________ - A BILL + AN ACT @@ -56,8 +41,8 @@ SEC. 2. FINDINGS. willed athletes who forged a glorious history in the midst of an inglorious era of segregation in the United States. (6) The passion of the Negro Leagues players for the - National Pastime would not only change the game, but also the - United States. + ``National Pastime'' would not only change the game, but also + the United States. (7) The creation of the Negro Leagues provided a playing field for more than 2,600 African-American and Hispanic baseball players to showcase their world-class baseball @@ -73,7 +58,7 @@ SEC. 2. FINDINGS. Baltimore, Washington, DC, Chicago, and Atlanta. (11) The Negro Leagues pioneered ``Night Baseball'' in 1930, 5 years before Major League Baseball, and would introduce - game changing innovations such as shin guards and the batting + game-changing innovations such as shin guards and the batting helmet. (12) The Negro Leagues helped make the National Pastime a global game as players from the Negro Leagues-- @@ -82,7 +67,7 @@ SEC. 2. FINDINGS. (B) introduced professional baseball to the Japanese in 1927. (13) Jackie Robinson, a military veteran and former member - of the Negro league's Kansas City Monarchs, would break Major + of the Negro Leagues' Kansas City Monarchs, would break Major League Baseball's color barrier on April 15, 1947, with the Brooklyn Dodgers, paving the way for other African-American and Hispanic baseball players. @@ -107,8 +92,7 @@ SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the -following coins in commemoration of the 100th anniversary of the -establishment of the Negro Leagues baseball: +following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; @@ -119,7 +103,7 @@ establishment of the Negro Leagues baseball: (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. - (3) Half-dollar clad coins.--Not more than 750,000 half- + (3) Half-dollar clad coins.--Not more than 400,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and @@ -128,24 +112,24 @@ establishment of the Negro Leagues baseball: States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. - (c) Numismatic Items.--For purposes of sections 5134 and 5136 of -title 31, United States Code, all coins minted under this Act shall be -considered to be numismatic items. + (c) Numismatic Items.--For purposes of section 5134 of title 31, +United States Code, all coins minted under this Act shall be considered +to be numismatic items. -SEC. 4. DESIGN OF COINS. +SEC. 4. DESIGNS OF COINS. (a) Design Requirements.-- - (1) In general.--The design of the coins minted under this + (1) In general.--The designs of the coins minted under this Act shall be emblematic of the Negro Leagues Baseball Museum and its mission to promote tolerance, diversity, and inclusion. (2) Designation and inscriptions.--On each coin minted - under this Act, there shall be-- + under this Act there shall be-- (A) a designation of the value of the coin; - (B) an inscription of the year ``2021''; and + (B) an inscription of the year ``2022''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. - (b) Selection.--The design for the coins minted under this Act + (b) Selection.--The designs for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Negro Leagues Baseball Museum and the Commission of Fine Arts; @@ -160,8 +144,8 @@ in uncirculated and proof qualities. be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted -under this Act only during the period beginning on January 1, 2021, and -ending on December 31, 2021. +under this Act only during the 1-year period beginning on January 1, +2022. SEC. 6. SALE OF COINS. @@ -185,14 +169,15 @@ issued under this Act at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall -include a surcharge as follows: - (1) A surcharge of $35 per coin for the gold coins. - (2) A surcharge of $10 per coin for the silver coins. - (3) A surcharge of $5 per coin for the half-dollar coins. - (b) Distribution.--Subject to section 5134(f) of title 31, United -States Code, all surcharges received by the Secretary from the sale of -coins issued under this Act shall be paid to the Negro Leagues Baseball -Museum to fund educational and outreach programs and exhibits. +include a surcharge of-- + (1) $35 per coin for the $5 coin; + (2) $10 per coin for the $1 coin; and + (3) $5 per coin for the half-dollar coin. + (b) Distribution.--Subject to section 5134(f)(1) of title 31, +United States Code, all surcharges received by the Secretary from the +sale of coins issued under this Act shall be promptly paid by the +Secretary to the Negro Leagues Baseball Museum for educational and +outreach programs and exhibits. (c) Audits.--The Negro Leagues Baseball Museum shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). @@ -202,8 +187,9 @@ during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, -United States Code. The Secretary of the Treasury may issue guidance to -carry out this subsection. +United States Code (as in effect on the date of the enactment of this +Act). The Secretary of the Treasury may issue guidance to carry out +this subsection. SEC. 8. FINANCIAL ASSURANCES. @@ -211,11 +197,44 @@ SEC. 8. FINANCIAL ASSURANCES. that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and - (2) no funds, including applicable surcharges, shall be - disbursed to any recipient designated in section 7(b) until the + (2) no funds, including applicable surcharges, are + disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. - \ No newline at end of file + +SEC. 9. MARKETING AND EDUCATIONAL CAMPAIGN. + + The Secretary shall develop and execute a marketing, advertising, +promotional, and educational program to promote the collecting of the +coins authorized under this subsection. + +SEC. 10. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 22, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4104 + +_______________________________________________________________________ + + AN ACT + + To require the Secretary of the Treasury to mint a coin in + commemoration of the 100th anniversary of the establishment of the + Negro Leagues baseball. From af5727d04395b14edd78a15a73e206eacf77ba06 Mon Sep 17 00:00:00 2001 From: "Rep. Cleaver, Emanuel [D-MO-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 390/984] House-4104: Received in Senate --- bills_text/House-4104.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-4104.txt b/bills_text/House-4104.txt index 0dcb8b9..055bd03 100644 --- a/bills_text/House-4104.txt +++ b/bills_text/House-4104.txt @@ -2,6 +2,16 @@ 2d Session H. R. 4104 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + September 23, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -224,17 +234,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4104 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To require the Secretary of the Treasury to mint a coin in - commemoration of the 100th anniversary of the establishment of the - Negro Leagues baseball. + Clerk. From 04d537c9cc77b20f424e794369641d3738d0e11f Mon Sep 17 00:00:00 2001 From: "Rep. Cleaver, Emanuel [D-MO-5]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 391/984] House-4104: Enrolled --- bills_text/House-4104.txt | 282 +++++++++++++++++--------------------- 1 file changed, 125 insertions(+), 157 deletions(-) diff --git a/bills_text/House-4104.txt b/bills_text/House-4104.txt index 055bd03..bca0fc6 100644 --- a/bills_text/House-4104.txt +++ b/bills_text/House-4104.txt @@ -1,153 +1,135 @@ -116th CONGRESS - 2d Session - H. R. 4104 + H.R.4104 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - September 23, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To require the Secretary of the Treasury to mint a coin in - commemoration of the 100th anniversary of the establishment of the - Negro Leagues baseball. +To require the Secretary of the Treasury to mint a coin in commemoration + of the 100th anniversary of the establishment of the Negro Leagues + baseball. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Negro Leagues Baseball Centennial Commemorative Coin Act''. - SEC. 2. FINDINGS. - The Congress finds the following: - (1) The year 2020 marks the 100th anniversary of the - establishment of the Negro National League, a professional - baseball league formed in response to African-American players - being banned from the major leagues. - (2) On February 13, 1920, Andrew ``Rube'' Foster convened a - meeting of 8 independent African-American baseball team owners - at the Paseo YMCA in Kansas City, Missouri, to form a ``league - of their own,'' establishing the Negro National League, the - first successful, organized professional African-American - baseball league in the United States. - (3) Soon, additional leagues formed in eastern and southern - States. - (4) The Negro Leagues would operate for 40 years until - 1960. - (5) The story of the Negro Leagues is a story of strong- - willed athletes who forged a glorious history in the midst of - an inglorious era of segregation in the United States. - (6) The passion of the Negro Leagues players for the - ``National Pastime'' would not only change the game, but also - the United States. - (7) The creation of the Negro Leagues provided a playing - field for more than 2,600 African-American and Hispanic - baseball players to showcase their world-class baseball - abilities. - (8) The Negro Leagues introduced an exciting brand of - baseball that was in stark contrast to Major League Baseball. - (9) A fast, aggressive style of play attracted black and - white fans who sat together to watch those games at a time when - it was virtually unheard of to interact socially in such a way. - (10) Negro Leagues baseball would become a catalyst for - economic development across the United States in major urban - centers such as Kansas City, St. Louis, New York, Memphis, - Baltimore, Washington, DC, Chicago, and Atlanta. - (11) The Negro Leagues pioneered ``Night Baseball'' in - 1930, 5 years before Major League Baseball, and would introduce - game-changing innovations such as shin guards and the batting - helmet. - (12) The Negro Leagues helped make the National Pastime a - global game as players from the Negro Leagues-- - (A) were the first people from the United States to - play in many Spanish-speaking countries; and - (B) introduced professional baseball to the - Japanese in 1927. - (13) Jackie Robinson, a military veteran and former member - of the Negro Leagues' Kansas City Monarchs, would break Major - League Baseball's color barrier on April 15, 1947, with the - Brooklyn Dodgers, paving the way for other African-American and - Hispanic baseball players. - (14) The Negro Leagues were born out of segregation yet - would become a driving force for social change in the United - States. - (15) The Negro Leagues produced future Major League - Baseball stars, including Leroy ``Satchel'' Paige, Larry Doby, - Willie Mays, Henry Aaron, Ernie Banks, and Roy Campanella. - (16) The Negro Leagues Baseball Museum was established in - Kansas City, Missouri, in 1990-- - (A) to save from extinction a precious piece of - Americana and baseball history; and - (B) to use the many life lessons of the powerful - story of triumph over adversity of Negro Leagues - players to promote tolerance, diversity, and inclusion. - (17) In 2006, Congress granted National Designation to the - Negro Leagues Baseball Museum, recognizing it as ``America's - Home'' for Negro Leagues baseball history. - + (1) The year 2020 marks the 100th anniversary of the + establishment of the Negro National League, a professional baseball + league formed in response to African-American players being banned + from the major leagues. + (2) On February 13, 1920, Andrew ``Rube'' Foster convened a + meeting of 8 independent African-American baseball team owners at + the Paseo YMCA in Kansas City, Missouri, to form a ``league of + their own,'' establishing the Negro National League, the first + successful, organized professional African-American baseball league + in the United States. + (3) Soon, additional leagues formed in eastern and southern + States. + (4) The Negro Leagues would operate for 40 years until 1960. + (5) The story of the Negro Leagues is a story of strong-willed + athletes who forged a glorious history in the midst of an + inglorious era of segregation in the United States. + (6) The passion of the Negro Leagues players for the ``National + Pastime'' would not only change the game, but also the United + States. + (7) The creation of the Negro Leagues provided a playing field + for more than 2,600 African-American and Hispanic baseball players + to showcase their world-class baseball abilities. + (8) The Negro Leagues introduced an exciting brand of baseball + that was in stark contrast to Major League Baseball. + (9) A fast, aggressive style of play attracted black and white + fans who sat together to watch those games at a time when it was + virtually unheard of to interact socially in such a way. + (10) Negro Leagues baseball would become a catalyst for + economic development across the United States in major urban + centers such as Kansas City, St. Louis, New York, Memphis, + Baltimore, Washington, DC, Chicago, and Atlanta. + (11) The Negro Leagues pioneered ``Night Baseball'' in 1930, 5 + years before Major League Baseball, and would introduce game- + changing innovations such as shin guards and the batting helmet. + (12) The Negro Leagues helped make the National Pastime a + global game as players from the Negro Leagues-- + (A) were the first people from the United States to play in + many Spanish-speaking countries; and + (B) introduced professional baseball to the Japanese in + 1927. + (13) Jackie Robinson, a military veteran and former member of + the Negro Leagues' Kansas City Monarchs, would break Major League + Baseball's color barrier on April 15, 1947, with the Brooklyn + Dodgers, paving the way for other African-American and Hispanic + baseball players. + (14) The Negro Leagues were born out of segregation yet would + become a driving force for social change in the United States. + (15) The Negro Leagues produced future Major League Baseball + stars, including Leroy ``Satchel'' Paige, Larry Doby, Willie Mays, + Henry Aaron, Ernie Banks, and Roy Campanella. + (16) The Negro Leagues Baseball Museum was established in + Kansas City, Missouri, in 1990-- + (A) to save from extinction a precious piece of Americana + and baseball history; and + (B) to use the many life lessons of the powerful story of + triumph over adversity of Negro Leagues players to promote + tolerance, diversity, and inclusion. + (17) In 2006, Congress granted National Designation to the + Negro Leagues Baseball Museum, recognizing it as ``America's Home'' + for Negro Leagues baseball history. SEC. 3. COIN SPECIFICATIONS. - (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: - (1) $5 gold coins.--Not more than 50,000 $5 coins, which - shall-- - (A) weigh 8.359 grams; - (B) have a diameter of 0.850 inches; and - (C) contain not less than 90 percent gold. - (2) $1 silver coins.--Not more than 400,000 $1 coins, which - shall-- - (A) weigh 26.73 grams; - (B) have a diameter of 1.500 inches; and - (C) contain not less than 90 percent silver. - (3) Half-dollar clad coins.--Not more than 400,000 half- - dollar coins which shall-- - (A) weigh 11.34 grams; - (B) have a diameter of 1.205 inches; and - (C) be minted to the specifications for half-dollar - coins contained in section 5112(b) of title 31, United - States Code. + (1) $5 gold coins.--Not more than 50,000 $5 coins, which + shall-- + (A) weigh 8.359 grams; + (B) have a diameter of 0.850 inches; and + (C) contain not less than 90 percent gold. + (2) $1 silver coins.--Not more than 400,000 $1 coins, which + shall-- + (A) weigh 26.73 grams; + (B) have a diameter of 1.500 inches; and + (C) contain not less than 90 percent silver. + (3) Half-dollar clad coins.--Not more than 400,000 half-dollar + coins which shall-- + (A) weigh 11.34 grams; + (B) have a diameter of 1.205 inches; and + (C) be minted to the specifications for half-dollar coins + contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. - SEC. 4. DESIGNS OF COINS. - (a) Design Requirements.-- - (1) In general.--The designs of the coins minted under this - Act shall be emblematic of the Negro Leagues Baseball Museum - and its mission to promote tolerance, diversity, and inclusion. - (2) Designation and inscriptions.--On each coin minted - under this Act there shall be-- - (A) a designation of the value of the coin; - (B) an inscription of the year ``2022''; and - (C) inscriptions of the words ``Liberty'', ``In God - We Trust'', ``United States of America'', and ``E - Pluribus Unum''. + (1) In general.--The designs of the coins minted under this Act + shall be emblematic of the Negro Leagues Baseball Museum and its + mission to promote tolerance, diversity, and inclusion. + (2) Designation and inscriptions.--On each coin minted under + this Act there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2022''; and + (C) inscriptions of the words ``Liberty'', ``In God We + Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The designs for the coins minted under this Act shall be-- - (1) selected by the Secretary after consultation with the - Negro Leagues Baseball Museum and the Commission of Fine Arts; - and - (2) reviewed by the Citizens Coinage Advisory Committee. - + (1) selected by the Secretary after consultation with the Negro + Leagues Baseball Museum and the Commission of Fine Arts; and + (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. - (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--Only 1 facility of the United States Mint may @@ -156,33 +138,28 @@ Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2022. - SEC. 6. SALE OF COINS. - (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- - (1) the face value of the coins; - (2) the surcharge provided in section 7(a) with respect to - such coins; and - (3) the cost of designing and issuing the coins (including - labor, materials, dies, use of machinery, overhead expenses, - marketing, and shipping). + (1) the face value of the coins; + (2) the surcharge provided in section 7(a) with respect to such + coins; and + (3) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- - (1) In general.--The Secretary shall accept prepaid orders - for the coins minted under this Act before the issuance of such - coins. - (2) Discount.--Sale prices with respect to prepaid orders - under paragraph (1) shall be at a reasonable discount. - + (1) In general.--The Secretary shall accept prepaid orders for + the coins minted under this Act before the issuance of such coins. + (2) Discount.--Sale prices with respect to prepaid orders under + paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. - (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- - (1) $35 per coin for the $5 coin; - (2) $10 per coin for the $1 coin; and - (3) $5 per coin for the half-dollar coin. + (1) $35 per coin for the $5 coin; + (2) $10 per coin for the $1 coin; and + (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the @@ -200,29 +177,23 @@ coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. - SEC. 8. FINANCIAL ASSURANCES. - The Secretary shall take such actions as may be necessary to ensure that-- - (1) minting and issuing coins under this Act will not - result in any net cost to the United States Government; and - (2) no funds, including applicable surcharges, are - disbursed to any recipient designated in section 7 until the - total cost of designing and issuing all of the coins authorized - by this Act (including labor, materials, dies, use of - machinery, overhead expenses, marketing, and shipping) is - recovered by the United States Treasury, consistent with - sections 5112(m) and 5134(f) of title 31, United States Code. - + (1) minting and issuing coins under this Act will not result in + any net cost to the United States Government; and + (2) no funds, including applicable surcharges, are disbursed to + any recipient designated in section 7 until the total cost of + designing and issuing all of the coins authorized by this Act + (including labor, materials, dies, use of machinery, overhead + expenses, marketing, and shipping) is recovered by the United + States Treasury, consistent with sections 5112(m) and 5134(f) of + title 31, United States Code. SEC. 9. MARKETING AND EDUCATIONAL CAMPAIGN. - The Secretary shall develop and execute a marketing, advertising, promotional, and educational program to promote the collecting of the coins authorized under this subsection. - -SEC. 10. DETERMINATION OF BUDGETARY EFFECTS. - + SEC. 10. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -230,10 +201,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 22, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From bb91991c144d207d4afdd75d3ae914022270e7ee Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 392/984] House-4183: Introduced to House --- bills_text/House-4183.txt | 97 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 97 insertions(+) create mode 100644 bills_text/House-4183.txt diff --git a/bills_text/House-4183.txt b/bills_text/House-4183.txt new file mode 100644 index 0000000..1bc6622 --- /dev/null +++ b/bills_text/House-4183.txt @@ -0,0 +1,97 @@ +116th CONGRESS + 1st Session + H. R. 4183 + + To direct the Comptroller General of the United States to conduct a + study on disability and pension benefits provided to members of the +National Guard and members of reserve components of the Armed Forces by + the Department of Veterans Affairs, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + August 13, 2019 + +Mr. Khanna (for himself, Mrs. Luria, and Mrs. Radewagen) introduced the + following bill; which was referred to the Committee on Veterans' + Affairs + +_______________________________________________________________________ + + A BILL + + + + To direct the Comptroller General of the United States to conduct a + study on disability and pension benefits provided to members of the +National Guard and members of reserve components of the Armed Forces by + the Department of Veterans Affairs, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Identifying Barriers and Best +Practices Study Act''. + +SEC. 2. COMPTROLLER GENERAL STUDY ON DISABILITY AND PENSION BENEFITS + PROVIDED TO MEMBERS OF THE NATIONAL GUARD AND MEMBERS OF + RESERVE COMPONENTS OF THE ARMED FORCES BY THE DEPARTMENT + OF VETERANS AFFAIRS. + + (a) In General.--Not later than 36 months after the date of the +enactment of this Act, the Comptroller General of the United States +shall complete a study on disability and pension benefits provided to +members of the National Guard and members of reserve components of the +Armed Forces by the Department of Veterans Affairs. In conducting such +study, the Comptroller General shall review, for the period beginning +on January 1, 2008, and ending on December 31, 2018, each of the +following: + (1) The number of members of the National Guard and the + number of members of reserve components of the Armed Forces who + received disability compensation or pension provided by the + Department of Veterans Affairs. + (2) A comparison of each of the following between veterans + who served in the National Guard or reserve components and + veterans who served in the regular components of the Armed + Forces: + (A) The percentage of each group of such veterans + with service-connected disabilities. + (B) The number of veterans in each group with each + disability rating. + (C) The number of veterans in each group with a + service-connected disability, including the number of + each of the following types of such veterans in each + group: + (i) Pilots. + (ii) Veterans who served in the special + forces. + (iii) Veterans who participated in the + Personnel Reliability Program. + (iv) Veterans who underwent diving or + flight physicals as a regular component of + their service in the Armed Forces and who have + a muscular-skeletal or mental health condition. + (D) The number of total claims for disability + compensation and pension submitted, approved, and + disapproved for each group of veterans. + (3) An identification of common barriers for members of the + National Guard and members of reserve components in obtaining + disability benefits under the laws administered by the + Secretary of Veterans Affairs, including barriers relating to + documentation of injuries incurred while serving, such as line + of duty letters. + (b) Reports.-- + (1) Preliminary report.--Not later than 18 months after the + date of the enactment of this Act, the Comptroller General + shall submit to the Committees on Veterans' Affairs of the + Senate and House of Representatives a preliminary report on the + findings of the study required by subsection (a). + (2) Final report.--Upon completion of the study, the + Comptroller General shall submit to such Committees a final + report on such study. + \ No newline at end of file From 43867ca8cd602b944b58993e4e2e7fe0968e87e9 Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 393/984] House-4183: Engrossed in House --- bills_text/House-4183.txt | 42 ++++++++++++++++++++------------------- 1 file changed, 22 insertions(+), 20 deletions(-) diff --git a/bills_text/House-4183.txt b/bills_text/House-4183.txt index 1bc6622..ddc159c 100644 --- a/bills_text/House-4183.txt +++ b/bills_text/House-4183.txt @@ -2,26 +2,9 @@ 1st Session H. R. 4183 - To direct the Comptroller General of the United States to conduct a - study on disability and pension benefits provided to members of the -National Guard and members of reserve components of the Armed Forces by - the Department of Veterans Affairs, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - August 13, 2019 - -Mr. Khanna (for himself, Mrs. Luria, and Mrs. Radewagen) introduced the - following bill; which was referred to the Committee on Veterans' - Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -56,7 +39,7 @@ following: received disability compensation or pension provided by the Department of Veterans Affairs. (2) A comparison of each of the following between veterans - who served in the National Guard or reserve components and + who served only in the National Guard or reserve components and veterans who served in the regular components of the Armed Forces: (A) The percentage of each group of such veterans @@ -94,4 +77,23 @@ following: (2) Final report.--Upon completion of the study, the Comptroller General shall submit to such Committees a final report on such study. - \ No newline at end of file + + Passed the House of Representatives December 17, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4183 + +_______________________________________________________________________ + + AN ACT + + To direct the Comptroller General of the United States to conduct a + study on disability and pension benefits provided to members of the +National Guard and members of reserve components of the Armed Forces by + the Department of Veterans Affairs, and for other purposes. From a3f88b1de9993ed3f4641918bad8440bca3f7a72 Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 394/984] House-4183: Enrolled --- bills_text/House-4183.txt | 135 +++++++++++++++++--------------------- 1 file changed, 60 insertions(+), 75 deletions(-) diff --git a/bills_text/House-4183.txt b/bills_text/House-4183.txt index ddc159c..561bfd7 100644 --- a/bills_text/House-4183.txt +++ b/bills_text/House-4183.txt @@ -1,31 +1,35 @@ -116th CONGRESS - 1st Session - H. R. 4183 + H.R.4183 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To direct the Comptroller General of the United States to conduct a study on disability and pension benefits provided to members of the National Guard and members of reserve components of the Armed Forces by - the Department of Veterans Affairs, and for other purposes. + the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Identifying Barriers and Best Practices Study Act''. - SEC. 2. COMPTROLLER GENERAL STUDY ON DISABILITY AND PENSION BENEFITS - PROVIDED TO MEMBERS OF THE NATIONAL GUARD AND MEMBERS OF - RESERVE COMPONENTS OF THE ARMED FORCES BY THE DEPARTMENT - OF VETERANS AFFAIRS. - +PROVIDED TO MEMBERS OF THE NATIONAL GUARD AND MEMBERS OF RESERVE +COMPONENTS OF THE ARMED FORCES BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Not later than 36 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on disability and pension benefits provided to @@ -34,66 +38,47 @@ Armed Forces by the Department of Veterans Affairs. In conducting such study, the Comptroller General shall review, for the period beginning on January 1, 2008, and ending on December 31, 2018, each of the following: - (1) The number of members of the National Guard and the - number of members of reserve components of the Armed Forces who - received disability compensation or pension provided by the - Department of Veterans Affairs. - (2) A comparison of each of the following between veterans - who served only in the National Guard or reserve components and - veterans who served in the regular components of the Armed - Forces: - (A) The percentage of each group of such veterans - with service-connected disabilities. - (B) The number of veterans in each group with each - disability rating. - (C) The number of veterans in each group with a - service-connected disability, including the number of - each of the following types of such veterans in each - group: - (i) Pilots. - (ii) Veterans who served in the special - forces. - (iii) Veterans who participated in the - Personnel Reliability Program. - (iv) Veterans who underwent diving or - flight physicals as a regular component of - their service in the Armed Forces and who have - a muscular-skeletal or mental health condition. - (D) The number of total claims for disability - compensation and pension submitted, approved, and - disapproved for each group of veterans. - (3) An identification of common barriers for members of the - National Guard and members of reserve components in obtaining - disability benefits under the laws administered by the - Secretary of Veterans Affairs, including barriers relating to - documentation of injuries incurred while serving, such as line - of duty letters. + (1) The number of members of the National Guard and the number + of members of reserve components of the Armed Forces who received + disability compensation or pension provided by the Department of + Veterans Affairs. + (2) A comparison of each of the following between veterans who + served only in the National Guard or reserve components and + veterans who served in the regular components of the Armed Forces: + (A) The percentage of each group of such veterans with + service-connected disabilities. + (B) The number of veterans in each group with each + disability rating. + (C) The number of veterans in each group with a service- + connected disability, including the number of each of the + following types of such veterans in each group: + (i) Pilots. + (ii) Veterans who served in the special forces. + (iii) Veterans who participated in the Personnel + Reliability Program. + (iv) Veterans who underwent diving or flight physicals + as a regular component of their service in the Armed Forces + and who have a muscular-skeletal or mental health + condition. + (D) The number of total claims for disability compensation + and pension submitted, approved, and disapproved for each group + of veterans. + (3) An identification of common barriers for members of the + National Guard and members of reserve components in obtaining + disability benefits under the laws administered by the Secretary of + Veterans Affairs, including barriers relating to documentation of + injuries incurred while serving, such as line of duty letters. (b) Reports.-- - (1) Preliminary report.--Not later than 18 months after the - date of the enactment of this Act, the Comptroller General - shall submit to the Committees on Veterans' Affairs of the - Senate and House of Representatives a preliminary report on the - findings of the study required by subsection (a). - (2) Final report.--Upon completion of the study, the - Comptroller General shall submit to such Committees a final - report on such study. - - Passed the House of Representatives December 17, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4183 - -_______________________________________________________________________ - - AN ACT - - To direct the Comptroller General of the United States to conduct a - study on disability and pension benefits provided to members of the -National Guard and members of reserve components of the Armed Forces by - the Department of Veterans Affairs, and for other purposes. + (1) Preliminary report.--Not later than 18 months after the + date of the enactment of this Act, the Comptroller General shall + submit to the Committees on Veterans' Affairs of the Senate and + House of Representatives a preliminary report on the findings of + the study required by subsection (a). + (2) Final report.--Upon completion of the study, the + Comptroller General shall submit to such Committees a final report + on such study. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 51c7ed2df708e89b2cd64bfbd31212195c9b3809 Mon Sep 17 00:00:00 2001 From: "Rep. Tipton, Scott R. [R-CO-3]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 395/984] House-4200: Introduced to House --- bills_text/House-4200.txt | 46 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 46 insertions(+) create mode 100644 bills_text/House-4200.txt diff --git a/bills_text/House-4200.txt b/bills_text/House-4200.txt new file mode 100644 index 0000000..e53bc98 --- /dev/null +++ b/bills_text/House-4200.txt @@ -0,0 +1,46 @@ +116th CONGRESS + 1st Session + H. R. 4200 + + To designate the facility of the United States Postal Service located +at 321 South 1st Street in Montrose, Colorado, as the ``Sergeant David + Kinterknecht Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + August 20, 2019 + + Mr. Tipton introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 321 South 1st Street in Montrose, Colorado, as the ``Sergeant David + Kinterknecht Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SERGEANT DAVID KINTERKNECHT POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 321 South 1st Street in Montrose, Colorado, shall be known +and designated as the ``Sergeant David Kinterknecht Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Sergeant +David Kinterknecht Post Office''. + (c) Repeal of Previous Designation.--Section 1 of Public Law 115- +366 is hereby repealed, and the designation made and references deemed +in subsections (a) and (b), respectively, of such section shall have no +force or effect. + \ No newline at end of file From e279ef66390e9b0d77eda596eca893ee70dd8902 Mon Sep 17 00:00:00 2001 From: "Rep. Tipton, Scott R. [R-CO-3]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 396/984] House-4200: Engrossed in House --- bills_text/House-4200.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-4200.txt b/bills_text/House-4200.txt index e53bc98..7693bce 100644 --- a/bills_text/House-4200.txt +++ b/bills_text/House-4200.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4200 - To designate the facility of the United States Postal Service located -at 321 South 1st Street in Montrose, Colorado, as the ``Sergeant David - Kinterknecht Post Office''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - August 20, 2019 - - Mr. Tipton introduced the following bill; which was referred to the - Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -43,4 +28,22 @@ David Kinterknecht Post Office''. 366 is hereby repealed, and the designation made and references deemed in subsections (a) and (b), respectively, of such section shall have no force or effect. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4200 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 321 South 1st Street in Montrose, Colorado, as the ``Sergeant David + Kinterknecht Post Office''. From bb1cf439b2d482591b9eeeee007a8c52a0962274 Mon Sep 17 00:00:00 2001 From: "Rep. Tipton, Scott R. [R-CO-3]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 397/984] House-4200: Enrolled --- bills_text/House-4200.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4200.txt b/bills_text/House-4200.txt index 7693bce..b55157b 100644 --- a/bills_text/House-4200.txt +++ b/bills_text/House-4200.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4200 + H.R.4200 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 321 South 1st Street in Montrose, Colorado, as the ``Sergeant David - Kinterknecht Post Office''. +To designate the facility of the United States Postal Service located at + 321 South 1st Street in Montrose, Colorado, as the ``Sergeant David + Kinterknecht Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SERGEANT DAVID KINTERKNECHT POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 321 South 1st Street in Montrose, Colorado, shall be known and designated as the ``Sergeant David Kinterknecht Post Office''. @@ -29,21 +36,7 @@ David Kinterknecht Post Office''. in subsections (a) and (b), respectively, of such section shall have no force or effect. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4200 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 321 South 1st Street in Montrose, Colorado, as the ``Sergeant David - Kinterknecht Post Office''. + Vice President of the United States and + President of the Senate. From b0a4956b72b12d6b4c1c27f94eb7563209cb0feb Mon Sep 17 00:00:00 2001 From: "Rep. Stanton, Greg [D-AZ-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 398/984] House-4258: Introduced to House --- bills_text/House-4258.txt | 62 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 62 insertions(+) create mode 100644 bills_text/House-4258.txt diff --git a/bills_text/House-4258.txt b/bills_text/House-4258.txt new file mode 100644 index 0000000..8e6b69c --- /dev/null +++ b/bills_text/House-4258.txt @@ -0,0 +1,62 @@ +116th CONGRESS + 1st Session + H. R. 4258 + + To authorize the Marshal of the Supreme Court and the Supreme Court + Police to protect the Justices, employees, and official guests of the + Supreme Court outside of the Supreme Court grounds, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 9, 2019 + +Mr. Stanton (for himself and Mr. Steube) introduced the following bill; + which was referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To authorize the Marshal of the Supreme Court and the Supreme Court + Police to protect the Justices, employees, and official guests of the + Supreme Court outside of the Supreme Court grounds, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Reauthorizing Security for Supreme +Court Justices Act of 2019''. + +SEC. 2. PROTECTION AUTHORITY OF MARSHAL OF THE SUPREME COURT AND + SUPREME COURT POLICE. + + Section 6121 of title 40, United States Code, is amended-- + (1) in subsection (a)-- + (A) in paragraph (2), in the matter preceding + subparagraph (A), by striking ``any State'' and + inserting ``any location''; and + (B) in paragraph (3)-- + (i) by striking ``violation of federal or + state law'' and inserting ``violation of + Federal or State law''; and + (ii) by striking ``regulation under federal + or state law'' and inserting ``regulation under + Federal or State law''; and + (2) in subsection (b)-- + (A) by striking paragraph (2); + (B) by striking ``Additional Requirements'' and all + that follows through ``Duties under'' and inserting + ``Authorization To Carry Firearms--Duties under''; and + (C) by striking ``any State'' and inserting ``any + location''. + \ No newline at end of file From 0f6761c12079b7e3b48de74357fc2de6dbc8b8c4 Mon Sep 17 00:00:00 2001 From: "Rep. Stanton, Greg [D-AZ-9]" <> Date: Sun, 27 Dec 2020 18:28:38 -0500 Subject: [PATCH 399/984] House-4258: Engrossed in House --- bills_text/House-4258.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-4258.txt b/bills_text/House-4258.txt index 8e6b69c..4b266ec 100644 --- a/bills_text/House-4258.txt +++ b/bills_text/House-4258.txt @@ -2,25 +2,9 @@ 1st Session H. R. 4258 - To authorize the Marshal of the Supreme Court and the Supreme Court - Police to protect the Justices, employees, and official guests of the - Supreme Court outside of the Supreme Court grounds, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - September 9, 2019 - -Mr. Stanton (for himself and Mr. Steube) introduced the following bill; - which was referred to the Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -59,4 +43,23 @@ SEC. 2. PROTECTION AUTHORITY OF MARSHAL OF THE SUPREME COURT AND ``Authorization To Carry Firearms--Duties under''; and (C) by striking ``any State'' and inserting ``any location''. - \ No newline at end of file + + Passed the House of Representatives November 13, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4258 + +_______________________________________________________________________ + + AN ACT + + To authorize the Marshal of the Supreme Court and the Supreme Court + Police to protect the Justices, employees, and official guests of the + Supreme Court outside of the Supreme Court grounds, and for other + purposes. From 30fce739b8954e160ed870b00a43bfa8d6aa82f9 Mon Sep 17 00:00:00 2001 From: "Rep. Stanton, Greg [D-AZ-9]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 400/984] House-4258: Received in Senate --- bills_text/House-4258.txt | 26 ++++++++++++-------------- 1 file changed, 12 insertions(+), 14 deletions(-) diff --git a/bills_text/House-4258.txt b/bills_text/House-4258.txt index 4b266ec..9dae9ec 100644 --- a/bills_text/House-4258.txt +++ b/bills_text/House-4258.txt @@ -2,6 +2,16 @@ 1st Session H. R. 4258 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + November 14, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -48,18 +58,6 @@ SEC. 2. PROTECTION AUTHORITY OF MARSHAL OF THE SUPREME COURT AND Attest: - Clerk. -116th CONGRESS - - 1st Session + CHERYL L. JOHNSON, - H. R. 4258 - -_______________________________________________________________________ - - AN ACT - - To authorize the Marshal of the Supreme Court and the Supreme Court - Police to protect the Justices, employees, and official guests of the - Supreme Court outside of the Supreme Court grounds, and for other - purposes. + Clerk. From 7a3f175a4f3c6ba0810924b400f6fbf36e7c6104 Mon Sep 17 00:00:00 2001 From: "Rep. Stanton, Greg [D-AZ-9]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 401/984] House-4258: Enrolled --- bills_text/House-4258.txt | 73 +++++++++++++++++---------------------- 1 file changed, 32 insertions(+), 41 deletions(-) diff --git a/bills_text/House-4258.txt b/bills_text/House-4258.txt index 9dae9ec..ee79394 100644 --- a/bills_text/House-4258.txt +++ b/bills_text/House-4258.txt @@ -1,63 +1,54 @@ -116th CONGRESS - 1st Session - H. R. 4258 + H.R.4258 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - November 14, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To authorize the Marshal of the Supreme Court and the Supreme Court Police to protect the Justices, employees, and official guests of the Supreme Court outside of the Supreme Court grounds, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Reauthorizing Security for Supreme Court Justices Act of 2019''. - SEC. 2. PROTECTION AUTHORITY OF MARSHAL OF THE SUPREME COURT AND - SUPREME COURT POLICE. - +SUPREME COURT POLICE. Section 6121 of title 40, United States Code, is amended-- - (1) in subsection (a)-- - (A) in paragraph (2), in the matter preceding - subparagraph (A), by striking ``any State'' and - inserting ``any location''; and - (B) in paragraph (3)-- - (i) by striking ``violation of federal or - state law'' and inserting ``violation of - Federal or State law''; and - (ii) by striking ``regulation under federal - or state law'' and inserting ``regulation under - Federal or State law''; and - (2) in subsection (b)-- - (A) by striking paragraph (2); - (B) by striking ``Additional Requirements'' and all - that follows through ``Duties under'' and inserting - ``Authorization To Carry Firearms--Duties under''; and - (C) by striking ``any State'' and inserting ``any - location''. - - Passed the House of Representatives November 13, 2019. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. + (1) in subsection (a)-- + (A) in paragraph (2), in the matter preceding subparagraph + (A), by striking ``any State'' and inserting ``any location''; + and + (B) in paragraph (3)-- + (i) by striking ``violation of federal or state law'' + and inserting ``violation of Federal or State law''; and + (ii) by striking ``regulation under federal or state + law'' and inserting ``regulation under Federal or State + law''; and + (2) in subsection (b)-- + (A) by striking paragraph (2); + (B) by striking ``Additional Requirements'' and all that + follows through ``Duties under'' and inserting ``Authorization + To Carry Firearms--Duties under''; and + (C) by striking ``any State'' and inserting ``any + location''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From d3078e8781d92201c1d5da914d5d3e61b85ef534 Mon Sep 17 00:00:00 2001 From: "Rep. Keller, Fred [R-PA-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 402/984] House-4279: Introduced to House --- bills_text/House-4279.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-4279.txt diff --git a/bills_text/House-4279.txt b/bills_text/House-4279.txt new file mode 100644 index 0000000..d8c183e --- /dev/null +++ b/bills_text/House-4279.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 4279 + + To designate the facility of the United States Postal Service located + at 445 Main Street in Laceyville, Pennsylvania, as the ``Melinda Gene + Piccotti Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 11, 2019 + +Mr. Keller (for himself, Mr. Fitzpatrick, Mr. Thompson of Pennsylvania, +Mr. Kelly of Pennsylvania, Mr. Meuser, Mr. Reschenthaler, Ms. Dean, Mr. +Lamb, Mr. Perry, Mr. Smucker, and Mr. Joyce of Pennsylvania) introduced + the following bill; which was referred to the Committee on Oversight + and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 445 Main Street in Laceyville, Pennsylvania, as the ``Melinda Gene + Piccotti Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. MELINDA GENE PICCOTTI POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 445 Main Street in Laceyville, Pennsylvania, shall be known +and designated as the ``Melinda Gene Piccotti Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Melinda +Gene Piccotti Post Office''. + \ No newline at end of file From cf9951dd9f48f27246b6ac325914fea4f10ab2fd Mon Sep 17 00:00:00 2001 From: "Rep. Keller, Fred [R-PA-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 403/984] House-4279: Engrossed in House --- bills_text/House-4279.txt | 42 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 21 deletions(-) diff --git a/bills_text/House-4279.txt b/bills_text/House-4279.txt index d8c183e..78c2b43 100644 --- a/bills_text/House-4279.txt +++ b/bills_text/House-4279.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4279 - To designate the facility of the United States Postal Service located - at 445 Main Street in Laceyville, Pennsylvania, as the ``Melinda Gene - Piccotti Post Office''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - September 11, 2019 - -Mr. Keller (for himself, Mr. Fitzpatrick, Mr. Thompson of Pennsylvania, -Mr. Kelly of Pennsylvania, Mr. Meuser, Mr. Reschenthaler, Ms. Dean, Mr. -Lamb, Mr. Perry, Mr. Smucker, and Mr. Joyce of Pennsylvania) introduced - the following bill; which was referred to the Committee on Oversight - and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -42,4 +24,22 @@ and designated as the ``Melinda Gene Piccotti Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Melinda Gene Piccotti Post Office''. - \ No newline at end of file + + Passed the House of Representatives February 5, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4279 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 445 Main Street in Laceyville, Pennsylvania, as the ``Melinda Gene + Piccotti Post Office''. From 8269228e34338d68c3f0e5ad117ab26c0181ec03 Mon Sep 17 00:00:00 2001 From: "Rep. Keller, Fred [R-PA-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 404/984] House-4279: Enrolled --- bills_text/House-4279.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4279.txt b/bills_text/House-4279.txt index 78c2b43..575f64b 100644 --- a/bills_text/House-4279.txt +++ b/bills_text/House-4279.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4279 + H.R.4279 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 445 Main Street in Laceyville, Pennsylvania, as the ``Melinda Gene - Piccotti Post Office''. +To designate the facility of the United States Postal Service located at + 445 Main Street in Laceyville, Pennsylvania, as the ``Melinda Gene + Piccotti Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. MELINDA GENE PICCOTTI POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 445 Main Street in Laceyville, Pennsylvania, shall be known and designated as the ``Melinda Gene Piccotti Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Melinda Gene Piccotti Post Office''. - Passed the House of Representatives February 5, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4279 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 445 Main Street in Laceyville, Pennsylvania, as the ``Melinda Gene - Piccotti Post Office''. + Vice President of the United States and + President of the Senate. From acba2b3c67024422db87df6f4fa4fe40e527b832 Mon Sep 17 00:00:00 2001 From: "Rep. Brindisi, Anthony [D-NY-22]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 405/984] House-4285: Introduced to House --- bills_text/House-4285.txt | 111 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 111 insertions(+) create mode 100644 bills_text/House-4285.txt diff --git a/bills_text/House-4285.txt b/bills_text/House-4285.txt new file mode 100644 index 0000000..255c55c --- /dev/null +++ b/bills_text/House-4285.txt @@ -0,0 +1,111 @@ +116th CONGRESS + 1st Session + H. R. 4285 + + To amend title 38, United States Code, to extend and modify certain + authorities and requirements relating to the Department of Veterans + Affairs, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 11, 2019 + +Mr. Brindisi (for himself and Mr. Bost) introduced the following bill; + which was referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend title 38, United States Code, to extend and modify certain + authorities and requirements relating to the Department of Veterans + Affairs, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Department of Veterans Affairs +Expiring Authorities Act of 2019''. + +SEC. 2. EXTENSION OF AUTHORITY RELATING TO VENDEE LOANS. + + Section 3733(a)(7) of title 38, United States Code, is amended-- + (1) in the matter preceding subparagraph (A), by striking + ``September 30, 2019'' and inserting ``September 30, 2020''; + and + (2) in subparagraph (C), by striking ``September 30, + 2019,'' and inserting ``September 30, 2020,''. + +SEC. 3. EXTENSION OF AUTHORITY FOR OPERATION OF DEPARTMENT OF VETERANS + AFFAIRS REGIONAL OFFICE IN MANILA, THE REPUBLIC OF THE + PHILIPPINES. + + Section 315(b) of title 38, United States Code, is amended by +striking ``September 30, 2019'' and inserting ``September 30, 2020''. + +SEC. 4. EXTENSION OF AUTHORITY FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE + SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN + PERMANENT HOUSING. + + Section 2044(e)(1)(G) of title 38, United States Code, is amended +by striking ``fiscal year 2019'' and inserting ``each of fiscal years +2019 through 2021''. + +SEC. 5. EXTENSION OF TEMPORARY EXPANSION OF PAYMENTS AND ALLOWANCES FOR + BENEFICIARY TRAVEL IN CONNECTION WITH VETERANS RECEIVING + CARE FROM VET CENTERS. + + Section 104(a) of the Honoring America's Veterans and Caring for +Camp Lejeune Families Act of 2012 (Public Law 112-154; 126 Stat. 1169), +as most recently amended by section 109 of the Department of Veterans +Affairs Expiring Authorities Act of 2018 (Public Law 115-251; 132 Stat. +3169), is amended by striking ``September 30, 2019'' and inserting +``September 30, 2020''. + +SEC. 6. TECHNICAL AMENDMENTS. + + Title 38, United States Code, is amended as follows: + (1) In section 714(e)(2)(B), by striking ``to the refer'' + and inserting ``to refer''. + (2) In section 1725A(c), by inserting a comma after ``a + contract''. + (3) In section 3313(g)(3)(B)(ii), by inserting a comma + after ``for books''. + (4) In section 3321(a)(1), by striking ``January,'' and + inserting ``January''. + (5) In section 3683-- + (A) by striking ``(b) (b)'' and inserting ``(b)''; + (B) by striking ``(c) (c)'' and inserting ``(c)''; + and + (C) by striking ``(d) (d)'' and inserting ``(d)''. + (6) In section 3699(b), by striking ``this paragraph'' and + inserting ``this subsection''. + (7) In section 7462(b)(4)(A), by inserting ``notice'' after + ``written''. + (8) In section 7696(c)(1), by striking ``).'' and inserting + a period. + (9) In section 8104(a), by striking paragraph (3) and + inserting the following new paragraph (3): + ``(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 $1,000,000.''. + \ No newline at end of file From 97399a2766706d6696ae9e081c3738359481f068 Mon Sep 17 00:00:00 2001 From: "Rep. Brindisi, Anthony [D-NY-22]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 406/984] House-4285: Engrossed in House --- bills_text/House-4285.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-4285.txt b/bills_text/House-4285.txt index 255c55c..ded2710 100644 --- a/bills_text/House-4285.txt +++ b/bills_text/House-4285.txt @@ -2,24 +2,9 @@ 1st Session H. R. 4285 - To amend title 38, United States Code, to extend and modify certain - authorities and requirements relating to the Department of Veterans - Affairs, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - September 11, 2019 - -Mr. Brindisi (for himself and Mr. Bost) introduced the following bill; - which was referred to the Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -108,4 +93,22 @@ SEC. 6. TECHNICAL AMENDMENTS. ``(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 $1,000,000.''. - \ No newline at end of file + + Passed the House of Representatives September 18, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4285 + +_______________________________________________________________________ + + AN ACT + + To amend title 38, United States Code, to extend and modify certain + authorities and requirements relating to the Department of Veterans + Affairs, and for other purposes. From e32bfe03c452fdcb4cd21b73b026274518ed1ef1 Mon Sep 17 00:00:00 2001 From: "Rep. Brindisi, Anthony [D-NY-22]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 407/984] House-4285: Received in Senate --- bills_text/House-4285.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-4285.txt b/bills_text/House-4285.txt index ded2710..7945996 100644 --- a/bills_text/House-4285.txt +++ b/bills_text/House-4285.txt @@ -2,6 +2,16 @@ 1st Session H. R. 4285 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + September 19, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -98,17 +108,6 @@ SEC. 6. TECHNICAL AMENDMENTS. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4285 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To amend title 38, United States Code, to extend and modify certain - authorities and requirements relating to the Department of Veterans - Affairs, and for other purposes. + Clerk. From 915b6c52c7f39efad0a47272807dfa9e9016b339 Mon Sep 17 00:00:00 2001 From: "Rep. Brindisi, Anthony [D-NY-22]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 408/984] House-4285: Enrolled --- bills_text/House-4285.txt | 128 ++++++++++++++++---------------------- 1 file changed, 53 insertions(+), 75 deletions(-) diff --git a/bills_text/House-4285.txt b/bills_text/House-4285.txt index 7945996..4c7cbbd 100644 --- a/bills_text/House-4285.txt +++ b/bills_text/House-4285.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 4285 + H.R.4285 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - September 19, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act @@ -24,90 +23,69 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Department of Veterans Affairs Expiring Authorities Act of 2019''. - SEC. 2. EXTENSION OF AUTHORITY RELATING TO VENDEE LOANS. - Section 3733(a)(7) of title 38, United States Code, is amended-- - (1) in the matter preceding subparagraph (A), by striking - ``September 30, 2019'' and inserting ``September 30, 2020''; - and - (2) in subparagraph (C), by striking ``September 30, - 2019,'' and inserting ``September 30, 2020,''. - + (1) in the matter preceding subparagraph (A), by striking + ``September 30, 2019'' and inserting ``September 30, 2020''; and + (2) in subparagraph (C), by striking ``September 30, 2019,'' + and inserting ``September 30, 2020,''. SEC. 3. EXTENSION OF AUTHORITY FOR OPERATION OF DEPARTMENT OF VETERANS - AFFAIRS REGIONAL OFFICE IN MANILA, THE REPUBLIC OF THE - PHILIPPINES. - +AFFAIRS REGIONAL OFFICE IN MANILA, THE REPUBLIC OF THE PHILIPPINES. Section 315(b) of title 38, United States Code, is amended by striking ``September 30, 2019'' and inserting ``September 30, 2020''. - SEC. 4. EXTENSION OF AUTHORITY FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE - SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN - PERMANENT HOUSING. - +SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. Section 2044(e)(1)(G) of title 38, United States Code, is amended by striking ``fiscal year 2019'' and inserting ``each of fiscal years 2019 through 2021''. - SEC. 5. EXTENSION OF TEMPORARY EXPANSION OF PAYMENTS AND ALLOWANCES FOR - BENEFICIARY TRAVEL IN CONNECTION WITH VETERANS RECEIVING - CARE FROM VET CENTERS. - +BENEFICIARY TRAVEL IN CONNECTION WITH VETERANS RECEIVING CARE FROM VET +CENTERS. Section 104(a) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 126 Stat. 1169), as most recently amended by section 109 of the Department of Veterans Affairs Expiring Authorities Act of 2018 (Public Law 115-251; 132 Stat. 3169), is amended by striking ``September 30, 2019'' and inserting ``September 30, 2020''. - SEC. 6. TECHNICAL AMENDMENTS. - Title 38, United States Code, is amended as follows: - (1) In section 714(e)(2)(B), by striking ``to the refer'' - and inserting ``to refer''. - (2) In section 1725A(c), by inserting a comma after ``a - contract''. - (3) In section 3313(g)(3)(B)(ii), by inserting a comma - after ``for books''. - (4) In section 3321(a)(1), by striking ``January,'' and - inserting ``January''. - (5) In section 3683-- - (A) by striking ``(b) (b)'' and inserting ``(b)''; - (B) by striking ``(c) (c)'' and inserting ``(c)''; - and - (C) by striking ``(d) (d)'' and inserting ``(d)''. - (6) In section 3699(b), by striking ``this paragraph'' and - inserting ``this subsection''. - (7) In section 7462(b)(4)(A), by inserting ``notice'' after - ``written''. - (8) In section 7696(c)(1), by striking ``).'' and inserting - a period. - (9) In section 8104(a), by striking paragraph (3) and - inserting the following new paragraph (3): - ``(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 $1,000,000.''. - - Passed the House of Representatives September 18, 2019. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. + (1) In section 714(e)(2)(B), by striking ``to the refer'' and + inserting ``to refer''. + (2) In section 1725A(c), by inserting a comma after ``a + contract''. + (3) In section 3313(g)(3)(B)(ii), by inserting a comma after + ``for books''. + (4) In section 3321(a)(1), by striking ``January,'' and + inserting ``January''. + (5) In section 3683-- + (A) by striking ``(b) (b)'' and inserting ``(b)''; + (B) by striking ``(c) (c)'' and inserting ``(c)''; and + (C) by striking ``(d) (d)'' and inserting ``(d)''. + (6) In section 3699(b), by striking ``this paragraph'' and + inserting ``this subsection''. + (7) In section 7462(b)(4)(A), by inserting ``notice'' after + ``written''. + (8) In section 7696(c)(1), by striking ``).'' and inserting a + period. + (9) In section 8104(a), by striking paragraph (3) and inserting + the following new paragraph (3): + ``(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 $1,000,000.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 48035bdf4c1b0c0672bab6cc904fa1e7b3d51edc Mon Sep 17 00:00:00 2001 From: "Rep. Bonamici, Suzanne [D-OR-1]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 409/984] House-4334: Introduced to House --- bills_text/House-4334.txt | 1143 +++++++++++++++++++++++++++++++++++++ 1 file changed, 1143 insertions(+) create mode 100644 bills_text/House-4334.txt diff --git a/bills_text/House-4334.txt b/bills_text/House-4334.txt new file mode 100644 index 0000000..4a9fc09 --- /dev/null +++ b/bills_text/House-4334.txt @@ -0,0 +1,1143 @@ +116th CONGRESS + 1st Session + H. R. 4334 + + To amend the Older Americans Act of 1965 to authorize appropriations + for fiscal years 2020 through 2024, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 16, 2019 + +Ms. Bonamici (for herself, Ms. Stefanik, Mrs. Lee of Nevada, Mr. Comer, + Ms. Wild, and Mr. Johnson of South Dakota) introduced the following + bill; which was referred to the Committee on Education and Labor + +_______________________________________________________________________ + + A BILL + + + + To amend the Older Americans Act of 1965 to authorize appropriations + for fiscal years 2020 through 2024, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Dignity in Aging +Act of 2019''. + (b) Table of Contents.--The table of contents of this Act is the +following: + +Sec. 1. Short title; table of contents. + TITLE I--ENSURING COLLABORATION AND PROMOTING INDEPENDENCE FOR OLDER + INDIVIDUALS + +Sec. 101. Person-centered, trauma-informed care. +Sec. 102. Vaccination. +Sec. 103. Functions of Assistant Secretary. +Sec. 104. Professional standards for nutrition official under the + Assistant Secretary. +Sec. 105. Interagency Coordinating Committee on Age-Friendly + Communities. +Sec. 106. Technical assistance on age-friendly communities. +Sec. 107. Malnutrition. +Sec. 108. Coordination with resource centers. +Sec. 109. Arts education. +Sec. 110. Social determinants of health. +Sec. 111. Federal coordination of supports and services for living + independently and safely at home. +Sec. 112. Falls prevention and chronic disease self-management + education. +Sec. 113. Extension of RAISE Family Caregivers Act. +Sec. 114. Support for socially isolated older Americans. +Sec. 115. Increased focus of Assistant Secretary on social isolation. +Sec. 116. Advisory council on social isolation. +Sec. 117. Supportive services and senior centers. +Sec. 118. Demonstration projects. +Sec. 119. Younger onset Alzheimer's Disease. +Sec. 120. Priority for the senior community service employment program. +Sec. 121. Direct care workforce. + TITLE II--EMPOWERING THE AGING NETWORK TO MEET THE NEEDS OF OLDER + INDIVIDUALS + +Sec. 201. National Family Caregiver Support Program cap. +Sec. 202. Minimum funding level for State administrative expenses. +Sec. 203. Culturally appropriate, medically tailored meals. +Sec. 204. Business acumen provisions and clarification regarding + outside funding for area agencies on aging. +Sec. 205. Other practices. +Sec. 206. Caregiver assessments. +Sec. 207. Research and evaluation. +Sec. 208. Grant program for multigenerational collaboration. + TITLE III--STRENGTHENING PROTECTIONS FOR OLDER INDIVIDUALS + +Sec. 301. State Long-Term Care Ombudsman Program minimum funding and + maintenance of effort. +Sec. 302. State long-term care volunteer ombudsman representatives. +Sec. 303. Clarification regarding board and care facilities. + TITLE IV--MEETING THE NEEDS OF OLDER NATIVE AMERICANS + +Sec. 401. Expanding supportive services for Native American aging + programs. +Sec. 402. Enhancing capacity to support Native American aging programs. + TITLE V--MISCELLANEOUS + +Sec. 501. Assistive technology. +Sec. 502. Technical corrections. +Sec. 503. Authorization of appropriations; uses of funds. +Sec. 504. Effective date. + + TITLE I--ENSURING COLLABORATION AND PROMOTING INDEPENDENCE FOR OLDER + INDIVIDUALS + +SEC. 101. PERSON-CENTERED, TRAUMA-INFORMED CARE. + + Section 101(2) of the Older Americans Act of 1965 (42 U.S.C. +3001(2)) is amended by inserting ``(including access to person- +centered, trauma-informed care)'' after ``health''. + +SEC. 102. VACCINATION. + + Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. +3002(14)) is amended -- + (1) in subparagraph (B) by inserting ``immunization + status,'' after ``oral health,'', and + (2) in subparagraph (D) by inserting ``infectious disease, + and vaccine preventable disease,'' after ``disease),''. + +SEC. 103. FUNCTIONS OF ASSISTANT SECRETARY. + + Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is +amended-- + (1) by amending subsection (a)(4) to read as follows: + ``(4) administer the grants provided by this Act but not + approve an application submitted by an applicant for a grant + for a program for which such applicant previously received a + grant unless the Assistant Secretary determines-- + ``(A) the program for which such application was + submitted is operating effectively to achieve its + stated purpose, and + ``(B) such applicant-- + ``(i) complied with the assurances provided + to the Assistant Secretary with the application + for such previous grant; and + ``(ii) will comply with the assurances + provided with the current submitted + application.'', and + (2) by adding at the end the following: + ``(h) The Assistant Secretary shall publish, on an annual basis, a +list of centers and demonstration projects funded under each title of +the Act. The Assistant Secretary shall ensure that this information is +also directly provided to States and area agencies on aging.''. + +SEC. 104. PROFESSIONAL STANDARDS FOR NUTRITION OFFICIAL UNDER THE + ASSISTANT SECRETARY. + + Section 205(a)(2)(C)(ii) of the Older Americans Act of 1965 (42 +U.S.C. 3016(a)(2)(C)(ii) is amended to read as follows: + ``(ii) be a registered dietitian or + registered dietician nutritionist.''. + +SEC. 105. INTERAGENCY COORDINATING COMMITTEE ON AGE-FRIENDLY + COMMUNITIES. + + Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is +amended-- + (1) in subsection (b)-- + (A) in paragraph (18) by striking ``and'' at the + end, + (B) in subparagraph (19) by striking the period at + the end, and inserting ``; and'', and + (C) by adding at the end the following: + ``(20) section 393D of the Public Health Service Act (42 + U.S.C. 280b-1f), relating to safety of seniors.'', and + (2) in subsection (c)-- + (A) in paragraph (1)-- + (i) by striking ``Aging'' and inserting + ``Age-Friendly Communities'', and + (ii) by inserting ``to support the ability + of older individuals to age in place and access + preventive health care, promote age-friendly + communities, and address the ability of older + individuals to access long-term care supports, + including access to caregivers and home- and + community-based services'' before the period at + the end, + (B) in paragraph (4) by inserting ``, except that + the 1st term of a member appointed to the Interagency + Coordinating Committee on Age-Friendly Communities + shall begin not later than 1 year after the date of the + enactment of the Dignity in Aging Act of 2019'' before + the period at the end, + (C) in paragraph (5) by striking ``once each year'' + and inserting ``semiannually'', + (D) in paragraph (6)-- + (i) in subparagraph (A)-- + (I) in clause (iii) by striking + ``and'' at the end, + (II) in clause (iv) by adding + ``and'' at the end, and + (III) by adding at the end the + following: + ``(v) identifying best practices for connecting + older individuals to services for which they may be + eligible;'', and + (ii) by amending subparagraph (B)(ii) to + read as follows: + ``(ii) innovations in technology applications + (including assistance technology devices and assistance + technology services) that-- + ``(I) promote safe and accessible + independent living environments; and + ``(II) give older individuals access to + information on available services or help in + providing services to older individuals;'', + (E) in subparagraph (E) by striking + ``nongovernmental experts and organizations, including + public health interest and research groups and + foundations'' and inserting ``nongovernmental + organizations, academic or research institutions, + community-based organizations, and philanthropic + organizations'', + (F) by redesignating subparagraphs (E), (F), and + (F) as subparagraphs (F), (G), and (H), respectively, + (G) by inserting after subparagraph (D) the + following: + ``(E) work with the Centers for Disease Control, the + National Institute on Aging, and the Housing and Urban + Development Office of Lead Hazard Control and Healthy Homes, + and other Federal agencies as appropriate, to develop + recommendations, in accordance with paragraph (1), to reduce + falls among older individuals that incorporate evidence-based + falls prevention programs and home modifications to reduce and + prevent falls;'', and + (H) by adding at the end the following: + ``(9) In this subsection, the term `age-friendly community' means a +community that-- + ``(A) is taking steps-- + ``(i) to include accessible housing, accessible + spaces and buildings, safe and secure paths, variable + route transportation services, and programs and + services designed to maintain health and well-being; + ``(ii) to respect and include older individuals in + social opportunities, civic participation, + volunteerism, and employment; and + ``(iii) to facilitate access to supportive services + for older individuals; and + ``(B) has a plan in place to meet local needs for housing, + transportation, civic participation, social connectedness, and + accessible spaces.''. + +SEC. 106. TECHNICAL ASSISTANCE ON AGE-FRIENDLY COMMUNITIES. + + Section 205(a)(2) of the Older Americans Act of 1965 (42 U.S.C. +3016(a)(2)) is amended-- + (1) by redesignating subparagraph (C) as subparagraph (D), + and + (2) by inserting after subparagraph (B) the following: + ``(C) The Assistant Secretary may provide technical + assistance, including through the regional offices of + the Administration, to State agencies, area agencies on + aging, local government agencies, or leaders in age- + friendly communities (as defined in section 203(c)(9)) + regarding-- + ``(i) dissemination of, or consideration of + ways to implement, best practices and + recommendations from the Interagency + Coordinating Committee on Age-Friendly + Communities established under section 203(c); + and + ``(ii) methods for managing and + coordinating existing programs to meet the + needs of growing age-friendly communities.''. + +SEC. 107. MALNUTRITION. + + The Older Americans Act of 1965 (42 U.S.C. 2011 et seq.) is +amended-- + (1) in section 102(14)(B) by inserting ``(including + screening for malnutrition)'' before the semicolon at the end, + and + (2) in section 330(1) by striking ``and food insecurity'' + and inserting ``, food insecurity, and malnutrition''. + +SEC. 108. COORDINATION WITH RESOURCE CENTERS. + + (a) Area Plans.--Section 306(a) of the Older Americans Act of 1965 +(42 U.S.C. 3026(a)) is amended-- + (1) in paragraph (16) by striking ``and'' at the end, + (2) in paragraph (17) by striking the period at the end, + and + (3) by adding at the end the following: + ``(18) provide assurances that the area agency on aging + will collect data to determine the services that are needed by + older individuals whose needs are the focus of all centers + funded under title IV and the effectiveness of such activities + in assisting these individuals. Each agency plan shall provide + assurances that the area agency on aging will use outreach + efforts that will identify individuals eligible for assistance + under this Act, with special emphasis on those individuals + whose needs are the focus of all centers funded under title + IV.''. + (b) State Plans.--Section 307(a) of the Older Americans Act of 1965 +(42 U.S.C. 3027) by adding at the end the following: + ``(31) The plan shall provide assurances that the State + will collect data to determine the services that are needed by + older individuals whose needs are the focus of all centers + funded under title IV and the effectiveness of such activities + in assisting these individuals. Each State plan shall provide + assurances that the State unit on aging will use outreach + efforts that will identify individuals eligible for assistance + under this Act, with special emphasis on those individuals + whose needs are the focus of all centers funded under title + IV''. + +SEC. 109. ARTS EDUCATION. + + (a) Program Design.--Section 202(a)(5) of the Older Americans Act +of 1965 (42 U.S.C. 3012(a)(5)) is amended by inserting ``cultural +experiences, activities and services, including the arts,'' after +``education),''. + (b) Supportive Services.--Section 321(a)(7) of the Older Americans +Act of 1965 (42 U.S.C. 3030d(a)(7)) is amended by inserting ``cultural +experiences (including the arts),'' after ``art therapy,''. + +SEC. 110. SOCIAL DETERMINANTS OF HEALTH. + + Section 301(a)(1) of the Older Americans Act of 1965 (42 U.S.C. +3021(a)(1)) is amended-- + (1) in subparagraph (C) by striking ``and'' at the end, + (2) in subparagraph (D) by striking the period at the end + and inserting ``; and'', and + (3) by adding at the end the following: + ``(E) address the social determinants of health of + older individuals.''. + +SEC. 111. FEDERAL COORDINATION OF SUPPORTS AND SERVICES FOR LIVING + INDEPENDENTLY AND SAFELY AT HOME. + + Title II of the Older Americans Act of 1965 (42 U.S.C. 3011-3020) +is amended by inserting after section 203A the following: + +``SEC. 203B. FEDERAL COORDINATION OF SUPPORTS AND SERVICES FOR LIVING + INDEPENDENTLY AND SAFELY AT HOME. + + ``(a) Initiative.--The Assistant Secretary shall carry out an +initiative under this section to identify and disseminate information +about Federal resources to promote falls prevention, home assessments, +and home modifications, which may include in-home assistive technology, +to enable older individuals to live independently and safely in a home +environment. + ``(b) Coordination of Federal Efforts.--In carrying out the +initiative under this section, the Assistant Secretary shall +coordinate, through memoranda of understanding, agreements, or other +appropriate means of coordination, with all Federal efforts and Federal +programs in effect on the effective date of this section that support +evidence-based falls prevention, home assessments, and home +modifications, which may include in-home assistive technology, for +older individuals, including older individuals with disabilities. + ``(c) Reports.--Not later than 1 year after effective date of this +section, and triennially thereafter as needed, the Assistant Secretary +shall publish a report that includes-- + ``(1) an inventory of the then current Federal programs + that support evidence-based falls prevention, home assessments, + and home modifications, which may include in-home assistive + technology, for older individuals; + ``(2) for the fiscal year of the report, statistical data + on the number of older individuals served by each Federal + program described in paragraph (1), including a demographic + analysis and the approximate amount of Federal funding invested + in each such program; and + ``(3) an evaluation of the impact of Federal programs that + support falls prevention and home modifications, which may + include in-home assistive technology, on health status and + health outcomes in populations supported by such efforts and + programs.''. + +SEC. 112. FALLS PREVENTION AND CHRONIC DISEASE SELF-MANAGEMENT + EDUCATION. + + Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. +3032(a)) is amended-- + (1) by redesignating paragraphs (13) and (14) as paragraphs + (15) and (16), respectively, and + (2) by inserting after paragraph (12) the following: + ``(13) bringing to scale and sustaining evidence-based + falls prevention programs that will reduce the number of falls, + fear of falling, and fall-related injuries in older individuals + and individuals with disabilities; + ``(14) bringing to scale and sustaining evidence-based + chronic disease self-management programs that empower older + individuals and older individuals with disabilities to better + manage their chronic conditions;''. + +SEC. 113. EXTENSION OF RAISE FAMILY CAREGIVERS ACT. + + Section 6 of the RAISE Family Caregivers Act (Public Law 115-119; +132 Stat. 27) is amended by striking ``3'' and inserting ``4''. + +SEC. 114. SUPPORT FOR SOCIALLY ISOLATED OLDER AMERICANS. + + Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. +3002(14)) is amended-- + (1) in subparagraph (K) by striking ``; and'', + (2) by redesignating subparagraph (L) as subparagraph (M), + and + (3) by inserting after subparagraph (K) the following: + ``(L) screening for the prevention of social + isolation and coordination of supportive services and + health care to address social isolation and loneliness; + and''. + +SEC. 115. INCREASED FOCUS OF ASSISTANT SECRETARY ON SOCIAL ISOLATION. + + Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. +3012(a)) is amended-- + (1) in paragraph (30) by striking ``; and'' and inserting a + semicolon, + (2) in paragraph (31) by striking the period and inserting + ``; and'', and + (3) by adding at the end the following: + ``(32) develop objectives, priorities, and a long-term plan + for supporting State and local efforts involving education + about, prevention of, detection of, and response to social + isolation among older individuals.''. + +SEC. 116. ADVISORY COUNCIL ON SOCIAL ISOLATION. + + Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is +amended by adding at the end the following: + ``(h)(1) The Assistant Secretary shall convene an advisory council +on social isolation with aging network stakeholders and select members +in a manner that ensures geographic diversity of the members-- + ``(A) to review and evaluate efforts to address social + isolation and loneliness among older individuals; and + ``(B) to identify challenges, solutions, and best practices + related to such efforts. + ``(2) The advisory council convened under paragraph (1) shall-- + ``(A) ensure consideration of consumer-directed care + models; and + ``(B) submit a report to Congress on its findings. + ``(3) The Federal Advisory Committee Act (5 U.S.C. App.) shall not +apply with respect to the advisory council convened under paragraph +(1).''. + +SEC. 117. SUPPORTIVE SERVICES AND SENIOR CENTERS. + + Section 321(a) of the Older Americans Act of 1965 (42 U.S.C. +3030d(a)) is amended-- + (1) in paragraph (8) by striking ``behavioral health + screening'' and inserting ``behavioral health screening, + screening for social isolation and loneliness,'', + (2) in paragraph (24) by striking ``and'' at the end, + (3) by redesignating paragraph (25) as paragraph (26), and + (4) by inserting after paragraph (24) the following: + ``(25) services that promote or support social + connectiveness and reduce social isolation; and''. + +SEC. 118. DEMONSTRATION PROJECTS. + + (a) Demonstrations.--Section 411(a) of the Older Americans Act of +1965 (42 U.S.C. 3032(a)), as amended by section 112, is amended-- + (1) in paragraph (15) by striking ``and'' at the end, + (2) by redesignating paragraph (16) as paragraph (17), and + (3) by inserting after paragraph (15) the following: + ``(16) projects that address social isolation and + loneliness among older adults; and''. + (b) Repeal.--Section 416 of the Older Americans Act of 1965 (42 +U.S.C. 3032e) is repealed. + +SEC. 119. YOUNGER ONSET ALZHEIMER'S DISEASE. + + (a) Definition of ``Family Caregiver''.--Section 302(3) of the +Older Americans Act of 1965 (42 U.S.C. 3022(3)) is amended by inserting +``of any age'' after ``an individual'' the 2d place it appears. + (b) Definition of ``Resident''.--Section 711(6) of the Older +Americans Act of 1965 (42 U.S.C. 3058(6)) is amended by inserting ``of +any age'' after ``individual''. + +SEC. 120. PRIORITY FOR THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM. + + The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is +amended-- + (1) in section 503(a)(4)(C)-- + (A) in clause (iii) by striking ``and'' at the end, + (B) in clause (iv) by adding ``and'' at the end, + and + (C) by adding at the end the following: + ``(v) eligible individuals who have been + incarcerated or are under supervision following + the release from prison or jail within the last + 5 years.'', + (2) in 514(e)(1) by inserting ``older individuals who have + been incarcerated or are under supervision following the + release from prison or jail'' after ``need,'', and + (3) in section 518-- + (A) in subsection (a)(3)(B)(ii)-- + (i) in clause (IV) by striking ``or'' at + the end, + (ii) in clause (V) by striking the period + at the end and inserting ``; or'', and + (iii) by adding at the end the following: + ``(VI) have been incarcerated or are under + supervision following the release from prison + or jail within the last 5 years.'', and + (B) in subsection (b)(2)-- + (i) in subparagraph (F) by striking ``or'' + at the end, + (ii) in subparagraph (G) by striking the + period at the end and inserting ``; or'', and + (iii) by adding at the end the following: + ``(H) has been incarcerated or is under supervision + following the release from prison or jail within the + last 5 years.''. + +SEC. 121. DIRECT CARE WORKFORCE. + + (a) Demonstrations.--Section 411(a) of the Older Americans Act of +1965 (42 U.S.C. 3032(a)), as amended by sections 112 and 118, is +amended-- + (1) by redesignating paragraph (16) and (17) as paragraphs + (17) and (18), respectively, and + (2) by inserting after paragraph (15) the following: + ``(16) in coordination with the Secretary of Labor, the + demonstration of new strategies for the recruitment, retention, + or advancement of direct care workers, and to solicit, develop + and implement strategies-- + ``(A) to reduce barriers to entry for a diverse and + high-quality direct care workforce, including providing + wages, benefits, and advancement opportunities needed + to attract and retain direct care workers; + ``(B) to provide supportive services and career + planning for direct care workers; and + ``(C) to support the advancement of direct care + workers through education and workforce development + programs that include necessary credential or licensing + preparation, paid on-the-job training or work-based + learning, and appropriate safety training.''. + (b) Older American Community Service Employment Program.--Section +502(e)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. +3056(e)(2)(B)) is amended-- + (1) in clause (iii) by striking ``and'' at the end, + (2) in clause (iv) by adding ``and'' at the end, and + (3) by adding at the end the following: + ``(v) attract, retain, and advance the + direct care workforce, in consultation with the + Assistant Secretary, providing for wages and + benefits needed to reduce barriers for entry + for a diverse and high-quality direct care + workforce, supportive services and career + planning, and paid on-the-job training or work- + based learning, with appropriate safety + training;''. + + TITLE II--EMPOWERING THE AGING NETWORK TO MEET THE NEEDS OF OLDER + INDIVIDUALS + +SEC. 201. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM CAP. + + (a) Federal Share.--Section 373(g)(2) of the Older Americans Act of +1965 (42 U.S.C. 3030s-1(g)(2)) is amended by striking subparagraph (C). + (b) Monitoring the Impact of the Elimination of the Cap on Funds +for Older Relative Caregivers.-- + (1) Report.--Not later than 18 months after the date of the + enactment of this Act, and annually thereafter, the Assistant + Secretary shall submit to the Committee on Education and Labor + of the House of Representatives and the Committee on Health, + Education, Labor, and Pensions of the Senate a report on the + impact of the amendment made by subsection (a) to eliminate the + limitation on funds that States may allocate to provide support + services to older relative caregivers in the National Family + Caregiver Support Program established under part E of title III + of the Older Americans Act of 1965 (42 U.S.C. 3030s-3030s-2). + Each such report shall also be made available to the public. + (2) Contents.--For purposes of reports required by + paragraph (1), each State that receives an allotment under such + National Family Caregiver Support Program for fiscal year 2020 + or a subsequent fiscal year shall report to the Assistant + Secretary for the fiscal year involved the amount of funds of + the total Federal and non-Federal share allotment used by the + State to provide support services for caregiver support for + older relative caregivers and family caregivers. + +SEC. 202. MINIMUM FUNDING LEVEL FOR STATE ADMINISTRATIVE EXPENSES. + + Section 308(b)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. +30299(b)(2)(B)) is amended by striking ``$500,000'' and inserting +``$750,000''. + +SEC. 203. CULTURALLY APPROPRIATE, MEDICALLY TAILORED MEALS. + + Section 339(2)(A) of the Older Americans Act of 1965 (42 U.S.C. +3939h(2)(A)) is amended by inserting ``, including cultural +considerations and preferences and medically tailored meals'' before +the comma at the end. + +SEC. 204. BUSINESS ACUMEN PROVISIONS AND CLARIFICATION REGARDING + OUTSIDE FUNDING FOR AREA AGENCIES ON AGING. + + (a) Assistance Relating To Growing and Sustaining Capacity.-- +Section 202(b)(9) of the Older Americans Act of 1965 (42 U.S.C. +3012(b)(9)) is amended-- + (1) in subparagraph (A) by striking ``and'' after the + semicolon at the end, + (2) in subparagraph (B) by inserting ``and'' after the + semicolon at the end, and + (3) by adding at the end the following: + ``(C) business acumen, capacity building, + organizational development, innovation, and other + methods of growing and sustaining the capacity of the + aging network to serve older individuals and caregivers + most effectively;''. + (b) Clarifying Partnerships for Area Agencies on Aging.--Section +306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended by +adding at the end the following: + ``(g) Nothing in this Act shall restrict an area agency on aging +from providing services not provided or authorized by this Act, +including through-- + ``(1) contracts with health care payers; + ``(2) consumer private pay programs; or + ``(3) other arrangements with entities or individuals that + increase the availability of home and community-based services + and supports in the planning and service area supported by the + area agency on aging.''. + +SEC. 205. OTHER PRACTICES. + + Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) +is amended by adding at the end the following: + ``(e) Response to Area Agencies on Aging.--Upon request from an +area agency on aging, the state shall make available any policies or +guidance pertaining to policies under this section.''. + +SEC. 206. CAREGIVER ASSESSMENTS. + + (a) Definition of Caregiver Assessment.--Section 372(a) of the +Older Americans Act of 1965 (42 U.S.C. 3030s(a)) is amended by adding +at the end the following: + ``(4) Caregiver assessment.--The term `caregiver + assessment' means a systematic process of gathering information + about the situation of a caregiver who voluntarily participates + in such process to identify the caregiver's specific needs, + barriers, and existing supports as identified by the caregiver + that-- + ``(A) provides the opportunity for the recognized + caregiver to participate in such process; + ``(B) requires direct contact with the caregiver + and is used to appropriately target and tailor support + services to the caregiver's unique needs; and + ``(C) includes reassessment of such specific needs, + barriers, and existing supports, including to + accommodate a significant change in the caregiving + situation, which shall occur on a voluntary basis with + the consent of the caregiver.''. + (b) Use of Caregiver Assessments.--Section 373(b) of the Older +Americans Act of 1965 (42 U.S.C. 3030s-1(b)) is amended by inserting +``may be informed through the use of caregiver assessments and'' after +``with,''. + (c) Technical Assistance for Caregiver Assessments.--Section 373 of +the Older Americans Act of 1965 (42 U.S.C. 3030s-1) is amended by +adding at the end the following: + ``(h) Technical Assistance for Caregiver Assessments.--Not later +than 1 year after the effective date of this subsection, the Assistant +Secretary, in consultation with caregivers, older individuals, +individuals with a disability who receive care from an older relative +caregiver, the aging network, and other experts and stakeholders, shall +provide technical assistance to promote and implement the use of +caregiver assessments. Such technical assistance shall include sharing +available tools and templates, comprehensive assessment protocols, and +best practices concerning-- + ``(1) conducting caregiver assessments and reassessments; + ``(2) implementing such assessments that are consistent + across a planning and service area; and + ``(3) implementing caregiver support service plans, + including referrals to and coordination of activities with + relevant State and local services.''. + (d) Reporting on Caregiver Assessment.--Section 373(e) of the Older +Americans Act of 1965 (42 U.S.C. 3030s-1(e)) is amended-- + (1) in paragraph (3) by inserting ``, including caregiver + assessments used in the State,'' after ``mechanisms'', and + (2) by adding at the end the following: + ``(4) Report on caregiver assessments.-- + ``(A) In general.--Not later than 3 years after the + effective date of this paragraph, the Assistant + Secretary shall issue a report on the use of caregiver + assessments by area agencies on aging, entities + contracting with such agencies, and tribal + organizations. Such report shall include-- + ``(i) an analysis of the current use of + caregiver assessments, including a repository + of caregiver assessment tools or templates and + comprehensive assessment protocols; + ``(ii) using objective data, an analysis of + the impact of caregiver assessments on-- + ``(I) family caregivers and older + relative caregivers; and + ``(II) the individuals to whom the + caregivers described in subclause (I) + provide care; + ``(iii) an analysis of the impact of using + caregiver assessments on the aging network; + ``(iv) an analysis of how caregiver + assessments are being used to identify the + specific needs, barriers, and existing supports + of family caregivers and older relative + caregivers; + ``(v) recommendations for using caregiver + assessments, including in rural or underserved + areas; and + ``(vi) feedback from State agencies and + area agencies on aging, particularly in rural + or underserved areas, on the implementation of + caregiver assessments. + ``(B) Submission.--Not later than 6 months after + the issuance of the report under paragraph (1), the + Assistant Secretary shall submit the report to the + Committee on Education and Labor of the House of + Representatives, the Committee on Health, Education, + Labor, and Pensions of the Senate, and the Special + Committee on Aging of the Senate.''. + +SEC. 207. RESEARCH AND EVALUATION. + + Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is +amended by adding at the end the following: + ``(g)(1) The Assistant Secretary shall coordinate the research and +evaluation functions of this Act under a National Research, +Demonstration, and Evaluation Center for the Aging Network (in this +subsection referred to as the `Center'), which shall be headed by a +director designated by the Assistant Secretary from individuals +described in paragraph (4). + ``(2) The purpose of the Center shall be-- + ``(A) to coordinate research, research dissemination, + evaluation, demonstration projects, and related activities + carried out under this Act; + ``(B) to provide assessment of the programs authorized + under this Act; and + ``(C) to increase the repository of information on + evidence-based programs and interventions available to the + aging network. Such information shall be applicable to existing + programs and help in the development of new evidence-based + programs and interventions. + ``(3) Activities of the Center shall include-- + ``(A) conducting, promoting, coordinating, and providing + support for-- + ``(i) research and evaluation activities that + support the objectives of this Act, including-- + ``(I) evaluation of new and existing + programs and interventions authorized by this + Act; and + ``(II) research on and assessment of the + impacts that programs and interventions under + this Act have on the health outcomes, social + determinants of health, quality of life, and + independence of individuals served under this + Act; + ``(ii) demonstration projects that support the + objectives of the Act and activities to bring effective + demonstration projects to scale with a prioritization + of projects that address the needs of underserved + populations; + ``(iii) outreach and dissemination of research + findings; and + ``(iv) technical assistance related to the + activities described in this subparagraph. + ``(4) The director shall be an individual with substantial +knowledge of and experience in aging and health policy, and research +administration. + ``(5) Not later than October 1, 2020, and at 5-year intervals +thereafter, the director shall prepare and publish in the Federal +Register for public comment a draft of a 5-year plan that-- + ``(A) outlines priorities for research, research + dissemination, evaluation, and related activities; + ``(B) explains the basis for such priorities; and + ``(C) describes how the plan will meet the needs of + underserved populations. + ``(6) The director shall, as appropriate, coordinate with other +Federal departments and agencies involved in research in the field of +aging. + ``(7) Not later than December 31, 2020, and annually thereafter, +the director shall prepare, and submit to the Secretary, the Committee +on Health, Education, Labor, and Pensions of the Senate, the Special +Committee on Aging of the Senate, and the Committee on Education and +Labor of the House of Representatives, a report on the activities +funded under this section and title IV. + ``(8) The director shall, as appropriate, consult with experts on +aging research and evaluation and aging network stakeholders on the +implementation of the activities described under paragraph (3) of this +subsection. + ``(9) The director shall coordinate all research and evaluation +authorities under this Act.''. + +SEC. 208. GRANT PROGRAM FOR MULTIGENERATIONAL COLLABORATION. + + Section 417 of the Older Americans Act of 1965 (42 U.S.C. 3032f) is +amended-- + (1) by amending subsection (a) to read as follows: + ``(a) Grants and Contracts.--The Assistant Secretary shall award +grants to, and enter into contracts with, eligible organizations to +carry out projects-- + ``(1) to provide opportunities for older individuals to + participate in multigenerational activities and civic + engagement activities that contribute to the health and + wellness of older individuals and individuals in younger + generations by developing-- + ``(A) meaningful roles for participants; + ``(B) reciprocity in relationship building; + ``(C) reduced social isolation and improved + participant social connectedness; + ``(D) improved economic well-being for older + individuals; + ``(E) increased lifelong learning; or + ``(F) support for family caregivers by-- + ``(i) providing support for older relative + caregivers (as defined in section 372) raising + children (such as kinship navigator programs); + or + ``(ii) involving volunteers who are older + individuals who provide support and information + to families who have a child with a disability + or chronic illness, or other families in need + of such family support; + ``(2) to coordinate multigenerational activities and civic + engagement activities, including multigenerational nutrition + and meal service programs; + ``(3) to promote volunteerism, including becoming a mentor + to young people; and + ``(4) to facilitate development of and participation in + multigenerational activities and civic engagement + activities.'', + (2) by amending subsection (b) to read as follows: + ``(b) Use of Funds.-- + ``(1) In general.--An eligible organization shall use funds + made available under a grant awarded, or a contract entered + into, under this section to carry out a project described in + subsection (a). + ``(2) Provision of projects through grantees.--In making + grants under this section, the Assistant Secretary shall ensure + that awards are made for the activities and projects described + in each of paragraphs (1) and (2) of subsection (a).''; + (3) in subsection (c)-- + (A) in the matter preceding paragraph (1), by + inserting ``that serves individuals in younger + generations and older individuals'' after ``to carry + out a project''; + (B) in paragraph (1) by inserting ``, intent to + carry out, or intent to partner with local + organizations or multiservice organizations to carry + out,'' after ``record of carrying out'', + (C) in paragraph (3) by striking ``; and'' and + inserting a semicolon, + (D) in paragraph (4) by striking the period at the + end and inserting ``; and'', and + (E) by adding at the end the following: + ``(5) eligible organizations proposing multigenerational + activity projects that utilize shared site programs, such as + collocated child care and long-term care facilities.'', + (4) by amending subsection (e) to read as follows: + ``(e) Eligible Organizations.--Organizations eligible to receive a +grant or enter into a contract under subsection (a) shall-- + ``(1) be a State, an area agency on aging, or an + organization that provides opportunities for older individuals + to participate in activities described in such subsection; and + ``(2) have the capacity to conduct the coordination, + promotion, and facilitation described in such subsection + through the use of multigenerational coordinators.'', + (5) by striking subsection (g), + (6) in subsection (h)(2)(B)(i) by striking ``individuals + from the generations with older individuals'' and inserting + ``older individuals'', + (7) by redesignating subsections (b) through (f) as + subsections (c) through (g), respectively, and + (8) by inserting after subsection (a) the following: + ``(b) Grant Period.--Each grant awarded or contract made under +subsection (a) shall be to carry out projects for a period of not less +than 36 months.''; + + TITLE III--STRENGTHENING PROTECTIONS FOR OLDER INDIVIDUALS + +SEC. 301. STATE LONG-TERM CARE OMBUDSMAN PROGRAM MINIMUM FUNDING AND + MAINTENANCE OF EFFORT. + + The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is +amended-- + (1) in section 306(a)(9)-- + (A) by inserting ``together with any other funds'' + after ``Act'', and + (B) by striking ``2000'' and inserting ``2019'', + and + (2) in section 307(a)(9)-- + (A) by striking ``an amount'' and inserting ``the + total amount'', + (B) by striking ``2000'' and inserting ``2019'' + each place it appears, and + (C) by inserting ``from all sources including'' + after ``received'' each place it appears. + +SEC. 302. STATE LONG-TERM CARE VOLUNTEER OMBUDSMAN REPRESENTATIVES. + + Section 712(a)(5) of the Older Americans Act of 1965 (42 U.S.C. +3058g(a)(5)) is amended-- + (1) by redesignating subparagraph (D) as subparagraph (E), + and + (2) by inserting after subparagraph (C) the following: + ``(D) Volunteer ombudsman representatives.--An + individual designated as a volunteer ombudsman + representative may receive financial support and + recognition from the Office of the State Long-Term Care + Ombudsman Program for expenses incurred during + service.''. + +SEC. 303. CLARIFICATION REGARDING BOARD AND CARE FACILITIES. + + Section 102(35)(C) of the Older Americans Act of 1965 (42 U.S.C. +3002(35)(C)) is amended by striking ``for purposes of sections +307(a)(12) and 712,''. + + TITLE IV--MEETING THE NEEDS OF OLDER NATIVE AMERICANS + +SEC. 401. EXPANDING SUPPORTIVE SERVICES FOR NATIVE AMERICAN AGING + PROGRAMS. + + Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et +seq.) is amended-- + (1) in part D-- + (A) by amending section 643 to read as follows: + +``SEC. 643. AUTHORIZATION OF APPROPRIATIONS. + + ``There are authorized to be appropriated to carry out this title-- + ``(1) for parts A and B, $36,689,832 for fiscal year 2020, + $38,891,222 for fiscal year 2021, $41,224,695 for fiscal year + 2022, $43,698,177 for fiscal year 2023, and $46,320,067 for + fiscal year 2024; and + ``(2) for part C subject to section 644, $11,324,854 for + fiscal year 2020, $12,004,345 for fiscal year 2021, $12,724,606 + for fiscal year 2022, $13,488,082 for fiscal year 2023, and + $14,297,367 for fiscal year 2024.'', and + (B) by adding at the end the following: + +``SEC. 644. FUNDING SET ASIDE. + + ``Of the funds appropriated under section 643(2) for a fiscal year, +5 percent shall be made available to carry out part D for such fiscal +year.'', + (2) by redesignating part D as part E, and + (3) by inserting after part C the following: + + ``PART D--SUPPORTIVE SERVICES FOR HEALTHY AGING AND INDEPENDENCE + +``SEC. 636. PROGRAM. + + ``(a) In General.--The Assistant Secretary shall carry out a +demonstration program for making grants to tribal organizations or +Native Hawaiians with applications approved under parts A and B, to pay +for the Federal share of carrying out tribal programs, to enable the +tribal organizations to provide a wider range of in-home and community +supportive services to enable older individuals to maintain their +health and independence and to avoid long-term care facility placement. + ``(b) Supportive Services.-- + ``(1) In general.--Subject to paragraph (2), supportive + services described in subsection (a) may include any of the + activities described in section 321(a). + ``(2) Priority.--The Assistant Secretary, in making grants + under this section, shall give priority to tribal organizations + that will use the grant funds for supportive services described + in subsection (a) that are for in-home assistance, + transportation, information and referral, case management, + health and wellness programs, legal services, family caregiver + support services, and other services that directly support the + independence of the older individuals served.''. + +SEC. 402. ENHANCING CAPACITY TO SUPPORT NATIVE AMERICAN AGING PROGRAMS. + + Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et +seq.) is amended-- + (1) in section 201(c)(3)(H) by inserting ``to ensure + adequate capacity to deliver the services under such title, + which technical assistance programs may include program + management, data development and use, basic business skills, + grant development, program and service innovations, and staff + professional development and certification;'' before the + semicolon at the end, and + (2) section 216 is amended to read as follows: + +``SEC. 216. AUTHORIZATION OF APPROPRIATIONS. + + ``(a) In General.--For purposes of carrying out this Act, there are +authorized to be appropriated for administration, salaries, and +expenses of the Administration $44,041,171 for fiscal year 2020, +$46,684,701 for fiscal year 2021, $49,485,783 for fiscal year 2022, +$52,454,930 for fiscal year 2023, and $55,602,226 for fiscal year 2024. + ``(b) Authorization of Appropriations for Programs.--There are +authorized to be appropriated-- + ``(1) to carry out section 201(g), $20,000,000 for each of + the fiscal years 2020 through 2024; + ``(2) to carry out section 202(a)(21) (relating to the + National Eldercare Locator Service), $2,186,227 for fiscal year + 2020, $2,317,401 for fiscal year 2021, $2,456,445 for fiscal + year 2022, $2,603,832 for fiscal year 2023, and $2,760,062 for + fiscal year 2024; + ``(3) to carry out section 215, $1,992,460 for fiscal year + 2020, $2,112,008 for fiscal year 2021, $2,238,728 for fiscal + year 2022, $2,373,052 for fiscal year 2023, and $2,515,435 for + fiscal year 2024; + ``(4) to carry out section 202 (relating to Elder Rights + Support Activities under this title), $1,375,011 for fiscal + year 2020, $1,457,511 for fiscal year 2021, $1,544,962 for + fiscal year 2022, $1,637,660 for fiscal year 2023, and + $1,735,919 for fiscal year 2024; + ``(5) to carry out section 202(b) (relating to the Aging + and Disability Resource Centers), $8,708,043 for fiscal year + 2020, $9,230,526 for fiscal year 2021, $9,784,357 for fiscal + year 2022, $10,371,419 for fiscal year 2023, and $10,993,704 + for fiscal year 2024; and + ``(6) to carry out section 201(c)(3)(H) (relating to + professional development and technical assistance for programs + under title VI), $500,000 for fiscal year 2020.''. + + TITLE V--MISCELLANEOUS + +SEC. 501. ASSISTIVE TECHNOLOGY. + + Section 102(8)(B) of the Older Americans Act of 1965 (42 U.S.C. +2011 et seq.) is amended by striking ``1998'' and inserting ``2004''. + +SEC. 502. TECHNICAL CORRECTIONS. + + The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is +amended-- + (1) in section 101(37)(A) by striking ``paragraph (5)'' and + inserting ``paragraph (26)'', + (2) in section 202(a)(23) by striking ``sections 307(a)(18) + and 731(b)(2)'' and inserting ``sections 307(a)(13) and 731'', + (3) in section 202(e)(1)(A) by moving the left margin of + clause (i) 2 ems to the left, + (4) in sections 203(c)(7), 207(b)(2)(B), and 215(i) by + striking ``Committee on Education and the Workforce'' and + inserting ``Committee on Education and Labor'', + (5) in section 207(b)(3)(A) by striking ``Administrator of + the Health Care Finance Administration'' and inserting + ``Administrator of the Centers for Medicare and Medicaid + Services'', + (6) in section 304(a)(3)(C) by striking ``term'' and all + that follows through ``does'', and inserting ``term `State' + does'', + (7) in section 306(a)-- + (A) by inserting ``the number of older individuals + at risk for institutional placement residing in such + area,'' after ``areas) residing in such area,'' the + last place it appears, and + (B) in paragraph (2) by striking ``who are victims + of'' and inserting ``with'', + (8) in section 339 by striking ``Institute of Medicine of + the National Academy of Sciences'' and inserting ``National + Academies of Sciences, Engineering, and Medicine'', + (9) in section 611 by striking ``(a)'', and + (10) in section 614(c)(4) by striking ``(12)'' and + inserting ``(11)''. + +SEC. 503. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS. + + (a) Authorization of Appropriations; Uses of Funds.--Section 303 of +the Older Americans Act of 1965 (42 U.S.C. 3023) is amended to read as +follows: + +``SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS. + + ``(a)(1) There are authorized to be appropriated to carry out part +B (relating to supportive services) $413,011,586 for fiscal year 2020, +$437,792,281 for fiscal year 2021, $464,059,818 for fiscal year 2022, +$491,903,407 for fiscal year 2023, and $521,417,612 for fiscal year +2024. + ``(2) Funds appropriated under paragraph (1) shall be available to +carry out section 712. + ``(b)(1) There are authorized to be appropriated to carry out +subpart 1 of part C (relating to congregate nutrition services) +$531,279,663 for fiscal year 2020, $563,156,443 for fiscal year 2021, +$596,945,830 for fiscal year 2022, $632,762,580 for fiscal year 2023, +and $670,728,334 for fiscal year 2024. + ``(2) There are authorized to be appropriated to carry out subpart +2 of part C (relating to home delivered nutrition services) +$269,577,167 for fiscal year 2020, $285,751,797 for fiscal year 2021, +$302,896,905 for fiscal year 2022, $321,070,719 for fiscal year 2023, +and $340,334,963 for fiscal year 2024. + ``(c) Grants made under part B, and subparts 1 and 2 of part C, of +this title may be used for paying part of the cost of-- + ``(1) the administration of area plans by area agencies on + aging designated under section 305(a)(2)(A), including the + preparation of area plans on aging consistent with section 306 + and the evaluation of activities carried out under such plans; + and + ``(2) the development of comprehensive and coordinated + systems for supportive services, congregate and home delivered + nutrition services under subparts 1 and 2 of part C, the + development and operation of multipurpose senior centers, and + the delivery of legal assistance. + ``(d) There are authorized to be appropriated to carry out part D +(relating to disease prevention and health promotion services) +$26,650,753 for fiscal year 2020, $28,249,798 for fiscal year 2021, +$29,944,786 for fiscal year 2022, $31,741,473 for fiscal year 2023, and +$33,645,961 for fiscal year 2024. + ``(e) There are authorized to be appropriated to carry out part E +(relating to family caregiver support) $194,331,264 for fiscal year +2020, $205,991,140 for fiscal year 2021, $218,350,609 for fiscal year +2022, $231,451,645 for fiscal year 2023, and $245,338,744 for fiscal +year 2024.''. + (b) Section 304(a)(3)(D) of the Older Americans Act of 1965 (42 +U.S.C. 3024(a)(3)(D)) is amended-- + (1) in clause (i) by striking ``2017 through 2019'' and + inserting ``2020 through 2024'', and + (2) in clause (ii) by striking ``2020'' and inserting + ``2025''. + (c) Section 311(e) of the Older Americans Act of 1965 (42 U.S.C. +3030a(e)) is amended to read as follows: + ``(e) There are authorized to be appropriated to carry out this +section (other than subsection (c)(1)) $171,682,200 for fiscal year +2020, $181,983,132 for fiscal year 2021, $192,902,120 for fiscal year +2022, $204,476,247 for fiscal year 2023, and $216,744,822 for fiscal +year 2024.''. + (d) Section 411(b) of the Older Americans Act of 1965 (42 U.S.C. +3032(b)) is amended to read as follows: + ``(b) Authorization of Appropriations.--There are authorized to be +appropriated to carry out-- + ``(1) aging network support activities under this section, + $14,549,157 for fiscal year 2020, $15,422,107 for fiscal year + 2021, $16,347,433 for fiscal year 2022, $17,328,279 for fiscal + year 2023, and $18,367,976 for fiscal year 2024; and + ``(2) elder rights support activities under this section, + $15,650,667 for fiscal year 2020, $16,589,707 for fiscal year + 2021, $17,585,090 for fiscal year 2022, $18,640,195 for fiscal + year 2023, and $19,758,607 for fiscal year 2024.''. + (e) Section 517(a) of the Older Americans Act of 1965 (42 U.S.C. +3056o(a)) is amended to read as follows: + ``(a) In General.--There are authorized to be appropriated to carry +out this title $429,020,486 for fiscal year 2020, $454,761,715 for +fiscal year 2021, $482,047,418 for fiscal year 2022, $510,970,263 for +fiscal year 2023, and $541,628,478 for fiscal year 2024.''. + (f) Section 702 of the Older Americans Act of 1965 (42 U.S.C. +3058a) is amended to read as follows: + +``SEC. 702. AUTHORIZATION OF APPROPRIATIONS. + + ``(a) Ombudsman Program.--There are authorized to be appropriated +to carry out chapter 2, $18,110,027 for fiscal year 2020, $19,196,629 +for fiscal year 2021, $20,348,427 for fiscal year 2022, $21,569,332 for +fiscal year 2023, and $22,863,492 for fiscal year 2024. + ``(b) Other Programs.--There are authorized to be appropriated to +carry out chapters 3 and 4, $5,119,287 for fiscal year 2020, $5,426,444 +for fiscal year 2021, $5,752,031 for fiscal year 2022, $6,097,153 for +fiscal year 2023, and $6,462,982 for fiscal year 2024.''. + +SEC. 504. EFFECTIVE DATE. + + This Act shall take effect on October 1, 2019. + \ No newline at end of file From cd78e8a003d3d3144b1b8a7eefd58228fb0e09c1 Mon Sep 17 00:00:00 2001 From: "Rep. Bonamici, Suzanne [D-OR-1]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 410/984] House-4334: Engrossed in House --- bills_text/House-4334.txt | 1179 +++++++++++++++++++++++++------------ 1 file changed, 791 insertions(+), 388 deletions(-) diff --git a/bills_text/House-4334.txt b/bills_text/House-4334.txt index 4a9fc09..15a601a 100644 --- a/bills_text/House-4334.txt +++ b/bills_text/House-4334.txt @@ -2,24 +2,9 @@ 1st Session H. R. 4334 - To amend the Older Americans Act of 1965 to authorize appropriations - for fiscal years 2020 through 2024, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - September 16, 2019 - -Ms. Bonamici (for herself, Ms. Stefanik, Mrs. Lee of Nevada, Mr. Comer, - Ms. Wild, and Mr. Johnson of South Dakota) introduced the following - bill; which was referred to the Committee on Education and Labor - -_______________________________________________________________________ - - A BILL + AN ACT @@ -43,8 +28,8 @@ Sec. 1. Short title; table of contents. Sec. 101. Person-centered, trauma-informed care. Sec. 102. Vaccination. Sec. 103. Functions of Assistant Secretary. -Sec. 104. Professional standards for nutrition official under the - Assistant Secretary. +Sec. 104. Professional standards for nutrition official under Assistant + Secretary. Sec. 105. Interagency Coordinating Committee on Age-Friendly Communities. Sec. 106. Technical assistance on age-friendly communities. @@ -52,25 +37,41 @@ Sec. 107. Malnutrition. Sec. 108. Coordination with resource centers. Sec. 109. Arts education. Sec. 110. Social determinants of health. -Sec. 111. Federal coordination of supports and services for living - independently and safely at home. -Sec. 112. Falls prevention and chronic disease self-management +Sec. 111. Falls prevention and chronic disease self-management education. -Sec. 113. Extension of RAISE Family Caregivers Act. -Sec. 114. Support for socially isolated older Americans. -Sec. 115. Increased focus of Assistant Secretary on social isolation. -Sec. 116. Advisory council on social isolation. -Sec. 117. Supportive services and senior centers. -Sec. 118. Demonstration projects. -Sec. 119. Younger onset Alzheimer's Disease. -Sec. 120. Priority for the senior community service employment program. -Sec. 121. Direct care workforce. +Sec. 112. Extension of RAISE Family Caregivers Act. +Sec. 113. Support for socially-isolated older Americans. +Sec. 114. Increased focus of Assistant Secretary on health effects + associated with social isolation. +Sec. 115. Advisory council on health effects associated with social + isolation. +Sec. 116. Supportive services and senior centers. +Sec. 117. Demonstration projects. +Sec. 118. Younger onset Alzheimer's Disease. +Sec. 119. Priority for the senior community service employment program. +Sec. 120. Direct care workforce. +Sec. 121. National resource center for older individuals experiencing + the long-term and adverse consequences of + trauma. +Sec. 122. National Resource Center for Women and Retirement. +Sec. 123. Definition. +Sec. 124. Review of reports. +Sec. 125. Area plans. +Sec. 126. Addressing chronic pain management. +Sec. 127. Extension of the Supporting Grandparents Raising + Grandchildren Act. +Sec. 128. Screening for suicide risk. +Sec. 129. Traumatic brain injury. +Sec. 130. Addressing public health emergencies and emerging health + threats. +Sec. 131. Prevention of sexually transmitted diseases. +Sec. 132. Aging and Disability Resource Center. TITLE II--EMPOWERING THE AGING NETWORK TO MEET THE NEEDS OF OLDER INDIVIDUALS -Sec. 201. National Family Caregiver Support Program cap. +Sec. 201. National family caregiver support program cap. Sec. 202. Minimum funding level for State administrative expenses. -Sec. 203. Culturally appropriate, medically tailored meals. +Sec. 203. Culturally-appropriate, medically-tailored meals. Sec. 204. Business acumen provisions and clarification regarding outside funding for area agencies on aging. Sec. 205. Other practices. @@ -83,6 +84,10 @@ Sec. 301. State Long-Term Care Ombudsman Program minimum funding and maintenance of effort. Sec. 302. State long-term care volunteer ombudsman representatives. Sec. 303. Clarification regarding board and care facilities. +Sec. 304. Report on legal hotlines. +Sec. 305. Community outreach. +Sec. 306. Principles for person-directed services and supports during + serious illness. TITLE IV--MEETING THE NEEDS OF OLDER NATIVE AMERICANS Sec. 401. Expanding supportive services for Native American aging @@ -90,10 +95,9 @@ Sec. 401. Expanding supportive services for Native American aging Sec. 402. Enhancing capacity to support Native American aging programs. TITLE V--MISCELLANEOUS -Sec. 501. Assistive technology. -Sec. 502. Technical corrections. -Sec. 503. Authorization of appropriations; uses of funds. -Sec. 504. Effective date. +Sec. 501. Technical corrections. +Sec. 502. Authorization of appropriations; uses of funds. +Sec. 503. Hold harmless formula. TITLE I--ENSURING COLLABORATION AND PROMOTING INDEPENDENCE FOR OLDER INDIVIDUALS @@ -107,16 +111,16 @@ centered, trauma-informed care)'' after ``health''. SEC. 102. VACCINATION. Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. -3002(14)) is amended -- +3002(14)) is amended-- (1) in subparagraph (B) by inserting ``immunization - status,'' after ``oral health,'', and + status,'' after ``oral health,''; and (2) in subparagraph (D) by inserting ``infectious disease, and vaccine preventable disease,'' after ``disease),''. SEC. 103. FUNCTIONS OF ASSISTANT SECRETARY. - Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is -amended-- + (a) Review of Applications.-- Section 202 of the Older Americans +Act of 1965 (42 U.S.C. 3012) is amended-- (1) by amending subsection (a)(4) to read as follows: ``(4) administer the grants provided by this Act but not approve an application submitted by an applicant for a grant @@ -124,27 +128,38 @@ amended-- grant unless the Assistant Secretary determines-- ``(A) the program for which such application was submitted is operating effectively to achieve its - stated purpose, and - ``(B) such applicant-- - ``(i) complied with the assurances provided - to the Assistant Secretary with the application - for such previous grant; and - ``(ii) will comply with the assurances - provided with the current submitted - application.'', and + stated purpose; and + ``(B) such applicant complied with the assurances + provided to the Assistant Secretary with the + application for such previous grant; and''; and (2) by adding at the end the following: ``(h) The Assistant Secretary shall publish, on an annual basis, a list of centers and demonstration projects funded under each title of the Act. The Assistant Secretary shall ensure that this information is also directly provided to States and area agencies on aging.''. - -SEC. 104. PROFESSIONAL STANDARDS FOR NUTRITION OFFICIAL UNDER THE - ASSISTANT SECRETARY. + (b) Addressing the Needs of Older Individuals in Disasters.-- +Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) +is amended-- + (1) in paragraph (30) by striking ``and'' at the end; + (2) in paragraph (31) by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(32) provide technical assistance to and share best + practices with States and area agencies on aging on how to + collaborate and coordinate activities and develop long-range + emergency preparedness plans with local and State emergency + response agencies, relief organizations, local and State + governments, federal agencies as appropriate, and any other + institutions that have responsibility for disaster relief + service delivery.''. + +SEC. 104. PROFESSIONAL STANDARDS FOR NUTRITION OFFICIAL UNDER ASSISTANT + SECRETARY. Section 205(a)(2)(C)(ii) of the Older Americans Act of 1965 (42 U.S.C. 3016(a)(2)(C)(ii) is amended to read as follows: - ``(ii) be a registered dietitian or - registered dietician nutritionist.''. + ``(ii) be a registered dietitian or registered dietitian + nutritionist.''. SEC. 105. INTERAGENCY COORDINATING COMMITTEE ON AGE-FRIENDLY COMMUNITIES. @@ -153,73 +168,97 @@ SEC. 105. INTERAGENCY COORDINATING COMMITTEE ON AGE-FRIENDLY amended-- (1) in subsection (b)-- (A) in paragraph (18) by striking ``and'' at the - end, + end; (B) in subparagraph (19) by striking the period at - the end, and inserting ``; and'', and + the end, and inserting ``, and''; and (C) by adding at the end the following: ``(20) section 393D of the Public Health Service Act (42 - U.S.C. 280b-1f), relating to safety of seniors.'', and + U.S.C. 280b-1f), relating to safety of seniors.''; and (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``Aging'' and inserting - ``Age-Friendly Communities'', and + ``Age-Friendly Communities''; and (ii) by inserting ``to support the ability - of older individuals to age in place and access - preventive health care, promote age-friendly - communities, and address the ability of older - individuals to access long-term care supports, - including access to caregivers and home- and - community-based services'' before the period at - the end, + of older individuals to age in place, including + through the provision of homelessness + prevention services, support the ability of + older individuals to access preventive health + care, promote age-friendly communities, and + address the ability of older individuals to + access long-term care supports, including + access to caregivers and home- and community- + based services'' before the period at the end; (B) in paragraph (4) by inserting ``, except that the 1st term of a member appointed to the Interagency Coordinating Committee on Age-Friendly Communities - shall begin not later than 1 year after the date of the - enactment of the Dignity in Aging Act of 2019'' before - the period at the end, + shall begin not later than 1 year after the effective + date of this exception'' before the period at the end; (C) in paragraph (5) by striking ``once each year'' - and inserting ``semiannually'', + and inserting ``semiannually''; (D) in paragraph (6)-- (i) in subparagraph (A)-- (I) in clause (iii) by striking - ``and'' at the end, + ``and'' at the end; (II) in clause (iv) by adding - ``and'' at the end, and + ``and'' at the end; and (III) by adding at the end the following: ``(v) identifying best practices for connecting older individuals to services for which they may be - eligible;'', and - (ii) by amending subparagraph (B)(ii) to - read as follows: + eligible;''; + (ii) in subparagraph (B)-- + (I) by inserting + ``transportation,'' after ``housing,'' + the 1st place it appears; + (II) in clause (i) by striking + ``and'' at the end; + (III) by amending clause (ii) to + read as follows: ``(ii) innovations in technology applications - (including assistance technology devices and assistance + (including assistive technology devices and assistive technology services) that-- ``(I) promote safe and accessible independent living environments; and ``(II) give older individuals access to information on available services or help in - providing services to older individuals;'', - (E) in subparagraph (E) by striking - ``nongovernmental experts and organizations, including - public health interest and research groups and - foundations'' and inserting ``nongovernmental - organizations, academic or research institutions, - community-based organizations, and philanthropic - organizations'', - (F) by redesignating subparagraphs (E), (F), and - (F) as subparagraphs (F), (G), and (H), respectively, - (G) by inserting after subparagraph (D) the - following: - ``(E) work with the Centers for Disease Control, the - National Institute on Aging, and the Housing and Urban + providing services to older individuals, + including information on transportation + services such as public transit, on-demand + transportation services, volunteer-based + transportation services, and other private + transportation services; and''; and + (IV) by adding at the end the + following: + ``(iii) transportation models that reduce costs of + transportation for older individuals and provide the + ability to schedule trips in advance and on demand, as + appropriate;''; + (iii) in subparagraph (E)-- + (I) by striking ``nongovernmental + experts and organizations, including + public health interest and research + groups and foundations'' and inserting + ``nongovernmental organizations, + academic or research institutions, + community-based organizations, and + philanthropic organizations''; and + (II) by striking ``(F)'' and + inserting ``(G)''; + (iv) by redesignating subparagraphs (E), + (F), and (G) as subparagraphs (F), (G), and + (H), respectively; + (v) by inserting after subparagraph (D) the + following: + ``(E) work with the Centers for Disease Control and + Prevention, the National Institute on Aging, Centers for + Medicare and Medicaid Services, the Housing and Urban Development Office of Lead Hazard Control and Healthy Homes, and other Federal agencies as appropriate, to develop recommendations, in accordance with paragraph (1), to reduce falls among older individuals that incorporate evidence-based falls prevention programs and home modifications to reduce and - prevent falls;'', and - (H) by adding at the end the following: + prevent falls;''; and + (vi) by adding at the end the following: ``(9) In this subsection, the term `age-friendly community' means a community that-- ``(A) is taking steps-- @@ -234,37 +273,73 @@ community that-- for older individuals; and ``(B) has a plan in place to meet local needs for housing, transportation, civic participation, social connectedness, and - accessible spaces.''. + accessible spaces.''; and + (3) by adding at the end the following: + ``(d) Not later than 2 years after the effective date of this +subsection, the Comptroller General of the United States shall conduct +a study and issue a report that includes-- + ``(1) an inventory of Federal programs, administered by the + Department of Health and Human Services, the Department of + Housing and Urban Development, or any other Federal agency + determined appropriate by the Comptroller General, that support + home assessments and home modifications for older individuals + and individuals with disabilities, + ``(2) statistical data, for recent fiscal years, on the + number of older individuals and individuals with disabilities + served by each Federal program described in paragraph (1) and + the approximate amount of Federal funding invested in each such + program, + ``(3) a demographic analysis of individuals served by each + such program for recent fiscal years, + ``(4) an analysis of duplication and gaps in populations + supported by the Federal programs described in paragraph (1), + ``(5) what is known about the impact of the Federal + programs described in paragraph (1) on health status and health + outcomes in populations supported by such programs, + ``(6) a review of Federal efforts to coordinate Federal + programs existing prior to the effective date of this + subsection that support home assessments and home modifications + for older individuals and individuals with disabilities and any + considerations for improving coordination, which may include an + indication of the Federal agency or department that is best + suited to coordinate such Federal efforts, and + ``(7) information on the extent to which consumer-friendly + resources, such as a brochure, are available through the + National Eldercare Locator Service established under section + 202(a)(21), are accessible to all area agencies on aging, and + contain information on home assessments and home modifications + for older individuals attempting to live independently and + safely in their homes and for the caregivers of such + individuals.''. SEC. 106. TECHNICAL ASSISTANCE ON AGE-FRIENDLY COMMUNITIES. Section 205(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3016(a)(2)) is amended-- - (1) by redesignating subparagraph (C) as subparagraph (D), + (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: - ``(C) The Assistant Secretary may provide technical - assistance, including through the regional offices of - the Administration, to State agencies, area agencies on - aging, local government agencies, or leaders in age- - friendly communities (as defined in section 203(c)(9)) - regarding-- - ``(i) dissemination of, or consideration of - ways to implement, best practices and - recommendations from the Interagency - Coordinating Committee on Age-Friendly - Communities established under section 203(c); - and - ``(ii) methods for managing and - coordinating existing programs to meet the - needs of growing age-friendly communities.''. + ``(C) The Assistant Secretary may provide technical assistance, +including through the regional offices of the Administration, to State +agencies, area agencies on aging, local government agencies, or leaders +in age-friendly communities (as defined in section 203(c)(9)) +regarding-- + ``(i) support for public and private entities in building + partnerships to promote such age-friendly communities; + ``(ii) dissemination of, or consideration of ways to + implement, best practices and recommendations from the + Interagency Coordinating Committee on Age-Friendly Communities + established under section 203(c); and + ``(iii) methods for managing and coordinating existing + programs to meet the needs of growing age-friendly + communities.''. SEC. 107. MALNUTRITION. The Older Americans Act of 1965 (42 U.S.C. 2011 et seq.) is amended-- (1) in section 102(14)(B) by inserting ``(including - screening for malnutrition)'' before the semicolon at the end, + screening for malnutrition)'' before the semicolon at the end; and (2) in section 330(1) by striking ``and food insecurity'' and inserting ``, food insecurity, and malnutrition''. @@ -273,32 +348,39 @@ SEC. 108. COORDINATION WITH RESOURCE CENTERS. (a) Area Plans.--Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended-- - (1) in paragraph (16) by striking ``and'' at the end, - (2) in paragraph (17) by striking the period at the end, - and + (1) in paragraph (16) by striking ``and'' at the end; + (2) in paragraph (17) by striking the period at the end and + inserting ``; and''; and (3) by adding at the end the following: ``(18) provide assurances that the area agency on aging - will collect data to determine the services that are needed by - older individuals whose needs are the focus of all centers - funded under title IV and the effectiveness of such activities - in assisting these individuals. Each agency plan shall provide - assurances that the area agency on aging will use outreach - efforts that will identify individuals eligible for assistance - under this Act, with special emphasis on those individuals - whose needs are the focus of all centers funded under title - IV.''. + will collect data to determine-- + ``(A) the services that are needed by older + individuals whose needs were the focus of all centers + funded under title IV in fiscal year 2019; and + ``(B) the effectiveness of the programs, policies, + and services provided by such area agency on aging in + assisting such individuals; and + ``(19) provide assurances that the area agency on aging + will use outreach efforts that will identify older individuals + eligible for assistance under this Act, with special emphasis + on those older individuals whose needs were the focus of all + centers funded under title IV in fiscal year 2019.''. (b) State Plans.--Section 307(a) of the Older Americans Act of 1965 -(42 U.S.C. 3027) by adding at the end the following: - ``(31) The plan shall provide assurances that the State - will collect data to determine the services that are needed by - older individuals whose needs are the focus of all centers - funded under title IV and the effectiveness of such activities - in assisting these individuals. Each State plan shall provide - assurances that the State unit on aging will use outreach - efforts that will identify individuals eligible for assistance - under this Act, with special emphasis on those individuals - whose needs are the focus of all centers funded under title - IV''. +(42 U.S.C. 3027) is amended by adding at the end the following: + ``(31) The plan shall contain an assurance that the State + shall prepare and submit to the Assistant Secretary annual + reports that describe-- + ``(A) data collected to determine the services that + are needed by older individuals whose needs were the + focus of all centers funded under title IV in fiscal + year 2019; + ``(B) data collected to determine the effectiveness + of the programs, policies, and services provided by + area agencies on aging in assisting such individuals; + and + ``(C) outreach efforts and other activities carried + out to satisfy the assurances described in paragraphs + (18) and (19) of section 306(a).''. SEC. 109. ARTS EDUCATION. @@ -314,112 +396,79 @@ SEC. 110. SOCIAL DETERMINANTS OF HEALTH. Section 301(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3021(a)(1)) is amended-- - (1) in subparagraph (C) by striking ``and'' at the end, + (1) in subparagraph (C) by striking ``and'' at the end; (2) in subparagraph (D) by striking the period at the end - and inserting ``; and'', and + and inserting ``; and''; and (3) by adding at the end the following: - ``(E) address the social determinants of health of - older individuals.''. - -SEC. 111. FEDERAL COORDINATION OF SUPPORTS AND SERVICES FOR LIVING - INDEPENDENTLY AND SAFELY AT HOME. - - Title II of the Older Americans Act of 1965 (42 U.S.C. 3011-3020) -is amended by inserting after section 203A the following: - -``SEC. 203B. FEDERAL COORDINATION OF SUPPORTS AND SERVICES FOR LIVING - INDEPENDENTLY AND SAFELY AT HOME. - - ``(a) Initiative.--The Assistant Secretary shall carry out an -initiative under this section to identify and disseminate information -about Federal resources to promote falls prevention, home assessments, -and home modifications, which may include in-home assistive technology, -to enable older individuals to live independently and safely in a home -environment. - ``(b) Coordination of Federal Efforts.--In carrying out the -initiative under this section, the Assistant Secretary shall -coordinate, through memoranda of understanding, agreements, or other -appropriate means of coordination, with all Federal efforts and Federal -programs in effect on the effective date of this section that support -evidence-based falls prevention, home assessments, and home -modifications, which may include in-home assistive technology, for -older individuals, including older individuals with disabilities. - ``(c) Reports.--Not later than 1 year after effective date of this -section, and triennially thereafter as needed, the Assistant Secretary -shall publish a report that includes-- - ``(1) an inventory of the then current Federal programs - that support evidence-based falls prevention, home assessments, - and home modifications, which may include in-home assistive - technology, for older individuals; - ``(2) for the fiscal year of the report, statistical data - on the number of older individuals served by each Federal - program described in paragraph (1), including a demographic - analysis and the approximate amount of Federal funding invested - in each such program; and - ``(3) an evaluation of the impact of Federal programs that - support falls prevention and home modifications, which may - include in-home assistive technology, on health status and - health outcomes in populations supported by such efforts and - programs.''. - -SEC. 112. FALLS PREVENTION AND CHRONIC DISEASE SELF-MANAGEMENT + ``(E) address the social determinants of health of older + individuals.''. + +SEC. 111. FALLS PREVENTION AND CHRONIC DISEASE SELF-MANAGEMENT EDUCATION. Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)) is amended-- (1) by redesignating paragraphs (13) and (14) as paragraphs - (15) and (16), respectively, and + (15) and (16), respectively; and (2) by inserting after paragraph (12) the following: ``(13) bringing to scale and sustaining evidence-based falls prevention programs that will reduce the number of falls, fear of falling, and fall-related injuries in older individuals - and individuals with disabilities; + and older individuals with disabilities; ``(14) bringing to scale and sustaining evidence-based chronic disease self-management programs that empower older individuals and older individuals with disabilities to better manage their chronic conditions;''. -SEC. 113. EXTENSION OF RAISE FAMILY CAREGIVERS ACT. +SEC. 112. EXTENSION OF RAISE FAMILY CAREGIVERS ACT. Section 6 of the RAISE Family Caregivers Act (Public Law 115-119; 132 Stat. 27) is amended by striking ``3'' and inserting ``4''. -SEC. 114. SUPPORT FOR SOCIALLY ISOLATED OLDER AMERICANS. +SEC. 113. SUPPORT FOR SOCIALLY-ISOLATED OLDER AMERICANS. Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. 3002(14)) is amended-- - (1) in subparagraph (K) by striking ``; and'', - (2) by redesignating subparagraph (L) as subparagraph (M), + (1) in subparagraph (K) by striking ``and'' at the end; + (2) in subparagraph (L) by striking ``(K)'' and inserting + ``(L)''; + (3) by redesignating subparagraph (L) as subparagraph (M); and - (3) by inserting after subparagraph (K) the following: - ``(L) screening for the prevention of social - isolation and coordination of supportive services and - health care to address social isolation and loneliness; - and''. + (4) by inserting after subparagraph (K) the following: + ``(L) screening for the prevention of negative + health effects associated with social isolation and + coordination of supportive services and health care to + address negative health effects associated with social + isolation; and''. -SEC. 115. INCREASED FOCUS OF ASSISTANT SECRETARY ON SOCIAL ISOLATION. +SEC. 114. INCREASED FOCUS OF ASSISTANT SECRETARY ON HEALTH EFFECTS + ASSOCIATED WITH SOCIAL ISOLATION. Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. -3012(a)) is amended-- - (1) in paragraph (30) by striking ``; and'' and inserting a - semicolon, - (2) in paragraph (31) by striking the period and inserting - ``; and'', and +3012(a)), as amended by section 103, is amended-- + (1) in paragraph (31) by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (32) by striking the period at the end and + inserting ``; and''; and (3) by adding at the end the following: - ``(32) develop objectives, priorities, and a long-term plan + ``(33) develop objectives, priorities, and a long-term plan for supporting State and local efforts involving education - about, prevention of, detection of, and response to social - isolation among older individuals.''. - -SEC. 116. ADVISORY COUNCIL ON SOCIAL ISOLATION. - - Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is -amended by adding at the end the following: - ``(h)(1) The Assistant Secretary shall convene an advisory council -on social isolation with aging network stakeholders and select members -in a manner that ensures geographic diversity of the members-- - ``(A) to review and evaluate efforts to address social - isolation and loneliness among older individuals; and + about, prevention of, detection of, and response to negative + health effects associated with social isolation among older + individuals.''. + +SEC. 115. ADVISORY COUNCIL ON HEALTH EFFECTS ASSOCIATED WITH SOCIAL + ISOLATION. + + Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012), as +amended by section 103, is amended by adding at the end the following: + ``(i)(1) The Assistant Secretary shall convene an advisory council +on negative health effects associated with social isolation with aging +network stakeholders, including caregivers, and select members in a +manner that ensures geographic diversity of the members-- + ``(A) to review and evaluate efforts to address negative + health effects associated with social isolation among older + individuals; and ``(B) to identify challenges, solutions, and best practices related to such efforts. ``(2) The advisory council convened under paragraph (1) shall-- @@ -430,115 +479,295 @@ in a manner that ensures geographic diversity of the members-- apply with respect to the advisory council convened under paragraph (1).''. -SEC. 117. SUPPORTIVE SERVICES AND SENIOR CENTERS. +SEC. 116. SUPPORTIVE SERVICES AND SENIOR CENTERS. Section 321(a) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)) is amended-- - (1) in paragraph (8) by striking ``behavioral health - screening'' and inserting ``behavioral health screening, - screening for social isolation and loneliness,'', - (2) in paragraph (24) by striking ``and'' at the end, - (3) by redesignating paragraph (25) as paragraph (26), and - (4) by inserting after paragraph (24) the following: + (1) in paragraph (24) by striking ``and'' at the end; + (2) by redesignating paragraph (25) as paragraph (26); and + (3) by inserting after paragraph (24) the following: ``(25) services that promote or support social - connectiveness and reduce social isolation; and''. + connectedness and reduce negative health effects associated + with social isolation; and''. -SEC. 118. DEMONSTRATION PROJECTS. +SEC. 117. DEMONSTRATION PROJECTS. (a) Demonstrations.--Section 411(a) of the Older Americans Act of -1965 (42 U.S.C. 3032(a)), as amended by section 112, is amended-- - (1) in paragraph (15) by striking ``and'' at the end, - (2) by redesignating paragraph (16) as paragraph (17), and +1965 (42 U.S.C. 3032(a)), as amended by section 111, is amended-- + (1) in paragraph (15) by striking ``and'' at the end; + (2) by redesignating paragraph (16) as paragraph (17); and (3) by inserting after paragraph (15) the following: - ``(16) projects that address social isolation and - loneliness among older adults; and''. + ``(16) projects that address negative health effects + associated with social isolation among older adults; and''. (b) Repeal.--Section 416 of the Older Americans Act of 1965 (42 U.S.C. 3032e) is repealed. -SEC. 119. YOUNGER ONSET ALZHEIMER'S DISEASE. +SEC. 118. YOUNGER ONSET ALZHEIMER'S DISEASE. (a) Definition of ``Family Caregiver''.--Section 302(3) of the Older Americans Act of 1965 (42 U.S.C. 3022(3)) is amended by inserting -``of any age'' after ``an individual'' the 2d place it appears. +``of any age'' after ``an individual''. (b) Definition of ``Resident''.--Section 711(6) of the Older Americans Act of 1965 (42 U.S.C. 3058(6)) is amended by inserting ``of any age'' after ``individual''. -SEC. 120. PRIORITY FOR THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM. +SEC. 119. PRIORITY FOR THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM. - The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is -amended-- + (a) Priority.--The Older Americans Act of 1965 (42 U.S.C. 3001 et +seq.) is amended-- (1) in section 503(a)(4)(C)-- - (A) in clause (iii) by striking ``and'' at the end, - (B) in clause (iv) by adding ``and'' at the end, + (A) in clause (iii) by striking ``and'' at the end; + (B) in clause (iv) by adding ``and'' at the end; and (C) by adding at the end the following: ``(v) eligible individuals who have been - incarcerated or are under supervision following - the release from prison or jail within the last - 5 years.'', - (2) in 514(e)(1) by inserting ``older individuals who have - been incarcerated or are under supervision following the - release from prison or jail'' after ``need,'', and + incarcerated within the last 5 years or are + under supervision following the release from + prison or jail within the last 5 years;''; + (2) in section 514(e)(1) by inserting ``older individuals + who have been incarcerated or are under supervision following + the release from prison or jail,'' after ``need,''; and (3) in section 518-- (A) in subsection (a)(3)(B)(ii)-- (i) in clause (IV) by striking ``or'' at - the end, + the end; (ii) in clause (V) by striking the period - at the end and inserting ``; or'', and + at the end and inserting ``; or''; and (iii) by adding at the end the following: - ``(VI) have been incarcerated or are under - supervision following the release from prison - or jail within the last 5 years.'', and + ``(VI) have been incarcerated within the + last 5 years or are under supervision following + the release from prison or jail within the last + 5 years.''; and (B) in subsection (b)(2)-- (i) in subparagraph (F) by striking ``or'' - at the end, + at the end; (ii) in subparagraph (G) by striking the - period at the end and inserting ``; or'', and + period at the end and inserting ``; or''; and (iii) by adding at the end the following: - ``(H) has been incarcerated or is under supervision - following the release from prison or jail within the - last 5 years.''. + ``(H) has been incarcerated or is under supervision + following the release from prison or jail within the last 5 + years.''. + (b) Transition Period.--This section shall take effect 1 year after +the date of the enactment of this Act. -SEC. 121. DIRECT CARE WORKFORCE. +SEC. 120. DIRECT CARE WORKFORCE. (a) Demonstrations.--Section 411(a) of the Older Americans Act of -1965 (42 U.S.C. 3032(a)), as amended by sections 112 and 118, is +1965 (42 U.S.C. 3032(a)), as amended by sections 111 and 117, is amended-- - (1) by redesignating paragraph (16) and (17) as paragraphs - (17) and (18), respectively, and + (1) by redesignating paragraphs (16) and (17) as paragraphs + (17) and (18), respectively; and (2) by inserting after paragraph (15) the following: ``(16) in coordination with the Secretary of Labor, the demonstration of new strategies for the recruitment, retention, - or advancement of direct care workers, and to solicit, develop + or advancement of direct care workers, and to solicit, develop, and implement strategies-- ``(A) to reduce barriers to entry for a diverse and high-quality direct care workforce, including providing wages, benefits, and advancement opportunities needed - to attract and retain direct care workers; + to attract or retain direct care workers; ``(B) to provide supportive services and career planning for direct care workers; and ``(C) to support the advancement of direct care workers through education and workforce development programs that include necessary credential or licensing preparation, paid on-the-job training or work-based - learning, and appropriate safety training.''. + learning, and appropriate safety training;''. (b) Older American Community Service Employment Program.--Section 502(e)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 3056(e)(2)(B)) is amended-- - (1) in clause (iii) by striking ``and'' at the end, - (2) in clause (iv) by adding ``and'' at the end, and + (1) in clause (iii) by striking ``and'' at the end; + (2) in clause (iv) by adding ``and'' at the end; and (3) by adding at the end the following: - ``(v) attract, retain, and advance the + ``(v) attract, retain, or advance the direct care workforce, in consultation with the Assistant Secretary, providing for wages and - benefits needed to reduce barriers for entry - for a diverse and high-quality direct care + benefits needed to reduce barriers to entry for + a diverse and high-quality direct care workforce, supportive services and career planning, and paid on-the-job training or work- based learning, with appropriate safety training;''. +SEC. 121. NATIONAL RESOURCE CENTER FOR OLDER INDIVIDUALS EXPERIENCING + THE LONG-TERM AND ADVERSE CONSEQUENCES OF TRAUMA. + + Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. +3032(a), as amended by sections 111, 117, and 120, is amended-- + (1) in paragraph (17) by striking ``and'' at the end; + (2) in paragraph (18) by striking the period at the end; + and + (3) by adding at the end the following: + ``(19) the establishment and operation of a national + resource center that shall-- + ``(A) provide training and technical assistance to + agencies in the aging network delivering services to + older individuals experiencing the long-term and + adverse consequences of trauma; + ``(B) share best practices with the aging network; + and + ``(C) make subgrants to the agencies best + positioned to advance and improve the delivery of + person-centered, trauma-informed services for older + individuals experiencing the long-term and adverse + consequences of trauma.''. + +SEC. 122. NATIONAL RESOURCE CENTER FOR WOMEN AND RETIREMENT. + + Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012), as +amended by sections 103 and 115, is amended by adding at the end the +following: + ``(j)(1) The Assistant Secretary shall, directly or by grant or +contract, operate the National Resource Center for Women and Retirement +(in this subsection referred to as the `Center'). + ``(2) The Center shall-- + ``(A) provide basic financial management, retirement + planning, and other educational tools that promote financial + wellness and help to identify and prevent fraud and elder + exploitation, and integrate these with information on health + and long-term care; + ``(B) annually disseminate a summary of outreach provided, + including work to provide user-friendly consumer information + and public education materials; + ``(C) develop targeted outreach strategies; + ``(D) provide technical assistance to State agencies and to + other public and nonprofit private agencies and organizations; + and + ``(E) develop partnerships and collaborations to address + program objectives.''. + +SEC. 123. DEFINITION. + + Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is +amended-- + (1) by redesignating paragraphs (41) through (54) as + paragraphs (42) through (55); and + (2) by inserting after paragraph (40) the following: + ``(41) The term `person-centered, trauma-informed' when + used with respect to services means services provided through + an aging program that-- + ``(A) use a holistic approach to providing + services; + ``(B) promote the dignity, strength and empowerment + of victims of trauma; and + ``(C) incorporate research-based practices based on + knowledge about the role of trauma in trauma victims' + lives.''. + +SEC. 124. REVIEW OF REPORTS. + + Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. +3028(b)) is amended by inserting at the end the following: + ``(8) The Assistant Secretary shall review the reports + submitted under section 307(a)(31) and include aggregate data + in the report required by section 207(a), including data on-- + ``(A) the effectiveness of the programs, policies, + and services provided by area agencies on aging in + assisting individuals whose needs were the focus of all + centers funded under title IV in fiscal year 2019; and + ``(B) outreach efforts and other activities carried + out to satisfy the assurances described in paragraphs + (18) and (19) of section 306(a), to identify such older + individuals and their service needs.''. + +SEC. 125. AREA PLANS. + + Section 306(a)(4) of the Older Americans Act of 1965 (42 U.S.C. +3026(a)(4)) is amended in subparagraph (B)(i)(VII) by inserting ``, +specifically including survivors of the Holocaust'' after +``placement''. + +SEC. 126. ADDRESSING CHRONIC PAIN MANAGEMENT. + + Section 102(14)(D) of the Older Americans Act of 1965 (42 U.S.C. +3002(14)) is amended by inserting ``chronic pain management,'' after +``substance abuse reduction,''. + +SEC. 127. EXTENSION OF THE SUPPORTING GRANDPARENTS RAISING + GRANDCHILDREN ACT. + + Section 3(f) of the Supporting Grandparents Raising Grandchildren +Act (Public Law 115-196) is amended by striking ``3'' and inserting +``4''. + +SEC. 128. SCREENING FOR SUICIDE RISK. + + Section 102(14)(G) of the Older Americans Act of 1965 (42 U.S.C. +3002(14)(G)) is amended by inserting ``and screening for suicide risk'' +after ``depression''. + +SEC. 129. TRAUMATIC BRAIN INJURY. + + (a) Section 102 of the Older Americans Act of 1965 (42 U.S.C. +3002), as amended by section 113, is amended-- + (1) in paragraph (14)-- + (A) in paragraph (M) by striking ``(L)'' and + inserting ``(M)''; + (B) by redesignating subparagraphs (H) through (M) + as subparagraphs (I) through (N), respectively; and + (C) by inserting after subparagraph (G) the + following: + ``(H) screening for fall-related traumatic brain + injury; coordination of treatment, rehabilitation, and + related services; and referral services;''; and + (2) by adding at the end the following: + ``(56) The term `traumatic brain injury' has the meaning + given to it in section 339B(d) of the Public Health Service + Act.''. + (b) Section 321(a)(8) of the Older Americans Act of 1965 (42 +U.S.C.3030d(a)(8)) is amended-- + (1) by striking ``screening and'' and inserting + ``screening, screening for negative health effects associated + with social isolation,''; and + (2) by striking ``screening)'' and inserting ``screening, + and traumatic brain injury screening)''. + (c) Section 411(a)(12) of the Older Americans Act of 1965 (42 +U.S.C. 3032(a)(12)) is amended-- + (1) by inserting ``dementia,'' after ``dysfunction,''; + (2) by striking ``and'' the 2d place it appears; and + (3) by inserting ``and traumatic brain injury'' before the + semicolon at the end. + +SEC. 130. ADDRESSING PUBLIC HEALTH EMERGENCIES AND EMERGING HEALTH + THREATS. + + Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. +3002(14)), as amended by sections 113 and 129, is amended-- + (1) in subparagraph (M) by striking ``and'' at the end; + (2) in subparagraph (N) by striking ``(M)'' and inserting + ``(N)''; + (3) by redesignating subparagraphs (K), (L), (M), and (N) + as subparagraphs (L), (M), (N), and (O) respectively; and + (4) by inserting after subparagraph (J) the following: + ``(K) responses to public health emergencies and + emerging health threats;''. + +SEC. 131. PREVENTION OF SEXUALLY TRANSMITTED DISEASES. + + Section 102(14)(D) of the Older Americans Act of 1965 (42 U.S.C. +3002(14)(D)), as amended by section 102, is amended by inserting +``prevention of sexually transmitted disease,'' after ``disease)''. + +SEC. 132. AGING AND DISABILITY RESOURCE CENTER. + + Section 102(4) of the Older Americans Act of 1965 (42 U.S.C. +3002(4)) is amended-- + (1) in the matter preceding subparagraph (A), by inserting + ``, in collaboration with (as appropriate) area agencies on + aging, centers for independent living (as described in part C + of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f + et seq.)), and other aging or disability entities'' after + ``provides''; + (2) in subparagraph (B)-- + (A) by inserting ``services, supports, and'' after + ``plan for long-term''; and + (B) by inserting ``and choices'' after ``desires''; + and + (3) in subparagraph (D) by striking ``(29 U.S.C. 796f et + seq.), and other community-based entities,'' and inserting ``, + and other community-based entities, including other aging or + disability entities''. + TITLE II--EMPOWERING THE AGING NETWORK TO MEET THE NEEDS OF OLDER INDIVIDUALS @@ -557,7 +786,7 @@ for Older Relative Caregivers.-- limitation on funds that States may allocate to provide support services to older relative caregivers in the National Family Caregiver Support Program established under part E of title III - of the Older Americans Act of 1965 (42 U.S.C. 3030s-3030s-2). + of the Older Americans Act of 1965 (42 U.S.C. 3030s--3030s-2). Each such report shall also be made available to the public. (2) Contents.--For purposes of reports required by paragraph (1), each State that receives an allotment under such @@ -571,26 +800,27 @@ for Older Relative Caregivers.-- SEC. 202. MINIMUM FUNDING LEVEL FOR STATE ADMINISTRATIVE EXPENSES. Section 308(b)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. -30299(b)(2)(B)) is amended by striking ``$500,000'' and inserting +3028(b)(2)(B)) is amended by striking ``$500,000'' and inserting ``$750,000''. -SEC. 203. CULTURALLY APPROPRIATE, MEDICALLY TAILORED MEALS. +SEC. 203. CULTURALLY-APPROPRIATE, MEDICALLY-TAILORED MEALS. Section 339(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3939h(2)(A)) is amended by inserting ``, including cultural -considerations and preferences and medically tailored meals'' before +considerations and preferences (including needs based on religious, +cultural, or ethnic requirements) and medically tailored meals'' before the comma at the end. SEC. 204. BUSINESS ACUMEN PROVISIONS AND CLARIFICATION REGARDING OUTSIDE FUNDING FOR AREA AGENCIES ON AGING. - (a) Assistance Relating To Growing and Sustaining Capacity.-- + (a) Assistance Relating to Growing and Sustaining Capacity.-- Section 202(b)(9) of the Older Americans Act of 1965 (42 U.S.C. 3012(b)(9)) is amended-- (1) in subparagraph (A) by striking ``and'' after the - semicolon at the end, + semicolon at the end; (2) in subparagraph (B) by inserting ``and'' after the - semicolon at the end, and + semicolon at the end; and (3) by adding at the end the following: ``(C) business acumen, capacity building, organizational development, innovation, and other @@ -615,7 +845,7 @@ SEC. 205. OTHER PRACTICES. Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is amended by adding at the end the following: ``(e) Response to Area Agencies on Aging.--Upon request from an -area agency on aging, the state shall make available any policies or +area agency on aging, the State shall make available any policies or guidance pertaining to policies under this section.''. SEC. 206. CAREGIVER ASSESSMENTS. @@ -626,7 +856,9 @@ at the end the following: ``(4) Caregiver assessment.--The term `caregiver assessment' means a systematic process of gathering information about the situation of a caregiver who voluntarily participates - in such process to identify the caregiver's specific needs, + in such process, which may include contact through a home + visit, the Internet, telephone or teleconference, or in-person + interaction, to identify the caregiver's specific needs, barriers, and existing supports as identified by the caregiver that-- ``(A) provides the opportunity for the recognized @@ -664,15 +896,16 @@ best practices concerning-- (d) Reporting on Caregiver Assessment.--Section 373(e) of the Older Americans Act of 1965 (42 U.S.C. 3030s-1(e)) is amended-- (1) in paragraph (3) by inserting ``, including caregiver - assessments used in the State,'' after ``mechanisms'', and + assessments used in the State,'' after ``mechanisms'' the 1st + place it appears; and (2) by adding at the end the following: ``(4) Report on caregiver assessments.-- ``(A) In general.--Not later than 3 years after the effective date of this paragraph, the Assistant Secretary shall issue a report on the use of caregiver assessments by area agencies on aging, entities - contracting with such agencies, and tribal - organizations. Such report shall include-- + contracting with such agencies, and organizations. Such + report shall include-- ``(i) an analysis of the current use of caregiver assessments, including a repository of caregiver assessment tools or templates and @@ -699,7 +932,7 @@ Americans Act of 1965 (42 U.S.C. 3030s-1(e)) is amended-- or underserved areas, on the implementation of caregiver assessments. ``(B) Submission.--Not later than 6 months after - the issuance of the report under paragraph (1), the + the issuance of the report under subparagraph (A), the Assistant Secretary shall submit the report to the Committee on Education and Labor of the House of Representatives, the Committee on Health, Education, @@ -727,29 +960,27 @@ described in paragraph (4). aging network. Such information shall be applicable to existing programs and help in the development of new evidence-based programs and interventions. - ``(3) Activities of the Center shall include-- - ``(A) conducting, promoting, coordinating, and providing - support for-- - ``(i) research and evaluation activities that - support the objectives of this Act, including-- - ``(I) evaluation of new and existing - programs and interventions authorized by this - Act; and - ``(II) research on and assessment of the - impacts that programs and interventions under - this Act have on the health outcomes, social - determinants of health, quality of life, and - independence of individuals served under this - Act; - ``(ii) demonstration projects that support the - objectives of the Act and activities to bring effective - demonstration projects to scale with a prioritization - of projects that address the needs of underserved - populations; - ``(iii) outreach and dissemination of research - findings; and - ``(iv) technical assistance related to the - activities described in this subparagraph. + ``(3) Activities of the Center shall include conducting, promoting, +coordinating, and providing support for-- + ``(A) research and evaluation activities that support the + objectives of this Act, including-- + ``(i) evaluation of new and existing programs and + interventions authorized by this Act; and + ``(ii) research on and assessment of the + relationship between programs and interventions under + this Act and the health outcomes, social determinants + of health, quality of life, health care savings + (including to the Medicare program under title XVIII of + the Social Security Act and the Medicaid program under + title XIX of such Act as practicable), and independence + of individuals served under this Act; + ``(B) demonstration projects that support the objectives of + the Act and activities to bring effective demonstration + projects to scale with a prioritization of projects that + address the needs of underserved populations; + ``(C) outreach and dissemination of research findings; and + ``(D) technical assistance related to the activities + described in this subparagraph. ``(4) The director shall be an individual with substantial knowledge of and experience in aging and health policy, and research administration. @@ -761,9 +992,11 @@ Register for public comment a draft of a 5-year plan that-- ``(B) explains the basis for such priorities; and ``(C) describes how the plan will meet the needs of underserved populations. - ``(6) The director shall, as appropriate, coordinate with other -Federal departments and agencies involved in research in the field of -aging. + ``(6) The director shall coordinate research, research +dissemination, evaluation, and demonstration projects, and related +activities with appropriate agency program staff, and, as appropriate, +coordinate with other Federal departments and agencies involved in +research in the field of aging. ``(7) Not later than December 31, 2020, and annually thereafter, the director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, the Special @@ -797,7 +1030,7 @@ carry out projects-- ``(D) improved economic well-being for older individuals; ``(E) increased lifelong learning; or - ``(F) support for family caregivers by-- + ``(F) support for older relative caregivers by-- ``(i) providing support for older relative caregivers (as defined in section 372) raising children (such as kinship navigator programs); @@ -814,7 +1047,7 @@ carry out projects-- to young people; and ``(4) to facilitate development of and participation in multigenerational activities and civic engagement - activities.'', + activities.''; (2) by amending subsection (b) to read as follows: ``(b) Use of Funds.-- ``(1) In general.--An eligible organization shall use funds @@ -833,15 +1066,15 @@ carry out projects-- (B) in paragraph (1) by inserting ``, intent to carry out, or intent to partner with local organizations or multiservice organizations to carry - out,'' after ``record of carrying out'', + out,'' after ``record of carrying out''; (C) in paragraph (3) by striking ``; and'' and - inserting a semicolon, + inserting a semicolon; (D) in paragraph (4) by striking the period at the - end and inserting ``; and'', and + end and inserting ``; and''; and (E) by adding at the end the following: ``(5) eligible organizations proposing multigenerational activity projects that utilize shared site programs, such as - collocated child care and long-term care facilities.'', + collocated child care and long-term care facilities.''; (4) by amending subsection (e) to read as follows: ``(e) Eligible Organizations.--Organizations eligible to receive a grant or enter into a contract under subsection (a) shall-- @@ -850,17 +1083,17 @@ grant or enter into a contract under subsection (a) shall-- to participate in activities described in such subsection; and ``(2) have the capacity to conduct the coordination, promotion, and facilitation described in such subsection - through the use of multigenerational coordinators.'', - (5) by striking subsection (g), + through the use of multigenerational coordinators.''; + (5) by striking subsection (g); (6) in subsection (h)(2)(B)(i) by striking ``individuals from the generations with older individuals'' and inserting - ``older individuals'', + ``older individuals''; (7) by redesignating subsections (b) through (f) as - subsections (c) through (g), respectively, and + subsections (c) through (g), respectively; and (8) by inserting after subsection (a) the following: ``(b) Grant Period.--Each grant awarded or contract made under subsection (a) shall be to carry out projects for a period of not less -than 36 months.''; +than 36 months.''. TITLE III--STRENGTHENING PROTECTIONS FOR OLDER INDIVIDUALS @@ -869,24 +1102,42 @@ SEC. 301. STATE LONG-TERM CARE OMBUDSMAN PROGRAM MINIMUM FUNDING AND The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended-- - (1) in section 306(a)(9)-- - (A) by inserting ``together with any other funds'' - after ``Act'', and - (B) by striking ``2000'' and inserting ``2019'', - and - (2) in section 307(a)(9)-- - (A) by striking ``an amount'' and inserting ``the - total amount'', - (B) by striking ``2000'' and inserting ``2019'' - each place it appears, and - (C) by inserting ``from all sources including'' - after ``received'' each place it appears. + (1) by amending section 306(a)(9) to read as follows: + ``(9) provide assurances that-- + ``(A) the area agency on aging, in carrying out the + State Long-Term Care Ombudsman program under section + 307(a)(9), will expend not less than the total amount + of funds appropriated under this Act and expended by + the agency in fiscal year 2019 in carrying out such a + program under this title; and + ``(B) funds made available to area agencies on + aging pursuant to section 712 shall be used to + supplement and not supplant other Federal, State, and + local funds expended to support activities described in + section 712.''; and + (2) by amending section 307(a)(9) to read as follows: + ``(9) The plan shall provide assurances that-- + ``(A) the State agency will carry out, through the + Office of the State Long-Term Care Ombudsman, a State + Long-Term Care Ombudsman program in accordance with + section 712 and this title, and will expend for such + purpose an amount that is not less than an amount + expended by the State agency with funds received under + this title for fiscal year 2019, and an amount that is + not less than the amount expended by the State agency + with funds received under title VII for fiscal year + 2019; and + ``(B) funds made available to state agencies + pursuant to section 712 shall be used to supplement and + not supplant other Federal, State, and local funds + expended to support activities described in section + 712.''. SEC. 302. STATE LONG-TERM CARE VOLUNTEER OMBUDSMAN REPRESENTATIVES. Section 712(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3058g(a)(5)) is amended-- - (1) by redesignating subparagraph (D) as subparagraph (E), + (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following: ``(D) Volunteer ombudsman representatives.--An @@ -902,6 +1153,71 @@ SEC. 303. CLARIFICATION REGARDING BOARD AND CARE FACILITIES. 3002(35)(C)) is amended by striking ``for purposes of sections 307(a)(12) and 712,''. +SEC. 304. REPORT ON LEGAL HOTLINES. + + Not later than 3 years after the date of the enactment of this Act, +the Assistant Secretary on Aging shall prepare and submit to the +Congress a report containing-- + (1) information on which States or localities operate + senior legal hotlines; + (2) information on how such hotlines operated by States or + localities are funded; + (3) information on the usefulness of senior legal hotlines + in the coordination and provision of legal assistance; and + (4) recommendations on additional actions that should be + taken related to senior legal hotlines. + +SEC. 305. COMMUNITY OUTREACH. + + Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. +3058i(b)(12)) is amended-- + (1) in subparagraph (C) by inserting ``community outreach + and education,'' after ``technical assistance''; and + (2) in subparagraph (F)-- + (A) by striking ``studying'' and inserting + ``implementing''; and + (B) by inserting ``, programs, and materials'' + after ``practices''. + +SEC. 306. PRINCIPLES FOR PERSON-DIRECTED SERVICES AND SUPPORTS DURING + SERIOUS ILLNESS. + + (a) Definitions.-- + (1) Administrator.--The term ``Administrator'' means the + Administrator of the Administration for Community Living. + (2) Area agency on aging; assistant secretary; state + agency.--The terms ``area agency on aging'', ``Assistant + Secretary'', and ``State agency'' have the meanings given the + terms in section 102 of the Older Americans Act of 1965 (42 + U.S.C. 3002). + (3) Covered agency.--The term ``covered agency'' means-- + (A) a State agency or area agency on aging; and + (B) a Federal agency other than the Department of + Health and Human Services, and a unit of that + Department other than the Administration on Aging, that + the Assistant Secretary determines performs functions + for which the principles are relevant, and the Centers + for Medicare & Medicaid Services. + (4) Principles.--The term ``principles'' means the + Principles for Person-directed Services and Supports during + Serious Illness, issued by the Administration on September 1, + 2017, or an updated set of such Principles. + (b) Dissemination.--The Administrator shall disseminate the +principles to appropriate stakeholders within the aging network, as +determined by the Assistant Secretary, and to covered agencies. The +covered agencies may use the principles in setting priorities for +service delivery and care plans in programs carried out by the +agencies. + (c) Feedback.--The Administrator shall solicit, on an ongoing +basis, feedback on the principles from covered agencies, experts in the +fields of aging and dementia, and stakeholders who provide or receive +disability services. + (d) Report.--Not less often than once, but not more often than +annually, during the 3 years after the date of the enactment of this +Act, the Administrator shall prepare and submit to Congress a report +describing the feedback received under subsection (c) and indicating if +any changes or updates are needed to the principles. + TITLE IV--MEETING THE NEEDS OF OLDER NATIVE AMERICANS SEC. 401. EXPANDING SUPPORTIVE SERVICES FOR NATIVE AMERICAN AGING @@ -915,22 +1231,28 @@ seq.) is amended-- ``SEC. 643. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title-- - ``(1) for parts A and B, $36,689,832 for fiscal year 2020, - $38,891,222 for fiscal year 2021, $41,224,695 for fiscal year - 2022, $43,698,177 for fiscal year 2023, and $46,320,067 for + ``(1) for parts A and B, $38,524,324 for fiscal year 2020, + $40,835,783 for fiscal year 2021, $43,285,930 for fiscal year + 2022, $45,883,086 for fiscal year 2023, and $48,636,071 for fiscal year 2024; and - ``(2) for part C subject to section 644, $11,324,854 for - fiscal year 2020, $12,004,345 for fiscal year 2021, $12,724,606 - for fiscal year 2022, $13,488,082 for fiscal year 2023, and - $14,297,367 for fiscal year 2024.'', and + ``(2) for part C subject to section 644, $10,785,575 for + fiscal year 2020, $11,432,710 for fiscal year 2021, $12,118,672 + for fiscal year 2022, $12,845,792 for fiscal year 2023, and + $13,616,540 for fiscal year 2024.''; and (B) by adding at the end the following: ``SEC. 644. FUNDING SET ASIDE. - ``Of the funds appropriated under section 643(2) for a fiscal year, -5 percent shall be made available to carry out part D for such fiscal -year.'', - (2) by redesignating part D as part E, and + ``Of the funds appropriated under section 643(1) for a fiscal year, +not more than 5 percent shall be made available to carry out part D for +such fiscal year if for such fiscal year-- + ``(1) the funds appropriated for parts A and B are greater + than the funds appropriated for such parts for fiscal year + 2019; and + ``(2) the Assistant Secretary makes available for parts A + and B not less than the amount of resources made available for + fiscal year 2019.''; + (2) by redesignating part D as part E; and (3) by inserting after part C the following: ``PART D--SUPPORTIVE SERVICES FOR HEALTHY AGING AND INDEPENDENCE @@ -938,24 +1260,28 @@ year.'', ``SEC. 636. PROGRAM. ``(a) In General.--The Assistant Secretary shall carry out a -demonstration program for making grants to tribal organizations or -Native Hawaiians with applications approved under parts A and B, to pay -for the Federal share of carrying out tribal programs, to enable the -tribal organizations to provide a wider range of in-home and community -supportive services to enable older individuals to maintain their -health and independence and to avoid long-term care facility placement. +competitive demonstration program for making grants to tribal or Native +Hawaiian organizations with applications approved under parts A and B, +to pay for the Federal share of carrying out programs, to enable the +organizations to build their capacity to provide a wider range of in- +home and community supportive services to enable older individuals to +maintain their health and independence and to avoid long-term care +facility placement. ``(b) Supportive Services.-- ``(1) In general.--Subject to paragraph (2), supportive services described in subsection (a) may include any of the activities described in section 321(a). ``(2) Priority.--The Assistant Secretary, in making grants - under this section, shall give priority to tribal organizations - that will use the grant funds for supportive services described - in subsection (a) that are for in-home assistance, - transportation, information and referral, case management, - health and wellness programs, legal services, family caregiver - support services, and other services that directly support the - independence of the older individuals served.''. + under this section, shall give priority to organizations that + will use the grant funds for supportive services described in + subsection (a) that are for in-home assistance, transportation, + information and referral, case management, health and wellness + programs, legal services, family caregiver support services, + and other services that directly support the independence of + the older individuals served. + ``(c) Rule of Construction.--Nothing in this section shall be +construed or interpreted to prohibit the provision of supportive +services under part A or B.''. SEC. 402. ENHANCING CAPACITY TO SUPPORT NATIVE AMERICAN AGING PROGRAMS. @@ -966,15 +1292,15 @@ seq.) is amended-- which technical assistance programs may include program management, data development and use, basic business skills, grant development, program and service innovations, and staff - professional development and certification;'' before the - semicolon at the end, and + professional development and certification'' before the + semicolon at the end; and (2) section 216 is amended to read as follows: ``SEC. 216. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--For purposes of carrying out this Act, there are authorized to be appropriated for administration, salaries, and -expenses of the Administration $44,041,171 for fiscal year 2020, +expenses of the Administration $44,042,171 for fiscal year 2020, $46,684,701 for fiscal year 2021, $49,485,783 for fiscal year 2022, $52,454,930 for fiscal year 2023, and $55,602,226 for fiscal year 2024. ``(b) Authorization of Appropriations for Programs.--There are @@ -986,10 +1312,10 @@ authorized to be appropriated-- 2020, $2,317,401 for fiscal year 2021, $2,456,445 for fiscal year 2022, $2,603,832 for fiscal year 2023, and $2,760,062 for fiscal year 2024; - ``(3) to carry out section 215, $1,992,460 for fiscal year - 2020, $2,112,008 for fiscal year 2021, $2,238,728 for fiscal - year 2022, $2,373,052 for fiscal year 2023, and $2,515,435 for - fiscal year 2024; + ``(3) to carry out sections 215 and 202(j), $1,992,460 for + fiscal year 2020, $2,112,008 for fiscal year 2021, $2,238,728 + for fiscal year 2022, $2,373,052 for fiscal year 2023, and + $2,515,435 for fiscal year 2024; ``(4) to carry out section 202 (relating to Elder Rights Support Activities under this title), $1,375,011 for fiscal year 2020, $1,457,511 for fiscal year 2021, $1,544,962 for @@ -1002,50 +1328,47 @@ authorized to be appropriated-- for fiscal year 2024; and ``(6) to carry out section 201(c)(3)(H) (relating to professional development and technical assistance for programs - under title VI), $500,000 for fiscal year 2020.''. + under title VI), $500,000 for fiscal year 2021.''. TITLE V--MISCELLANEOUS -SEC. 501. ASSISTIVE TECHNOLOGY. - - Section 102(8)(B) of the Older Americans Act of 1965 (42 U.S.C. -2011 et seq.) is amended by striking ``1998'' and inserting ``2004''. - -SEC. 502. TECHNICAL CORRECTIONS. +SEC. 501. TECHNICAL CORRECTIONS. The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended-- - (1) in section 101(37)(A) by striking ``paragraph (5)'' and - inserting ``paragraph (26)'', + (1) in section 102(37)(A) by striking ``paragraph (5)'' and + inserting ``paragraph (26)''; (2) in section 202(a)(23) by striking ``sections 307(a)(18) - and 731(b)(2)'' and inserting ``sections 307(a)(13) and 731'', + and 731(b)(2)'' and inserting ``sections 307(a)(13) and 731''; (3) in section 202(e)(1)(A) by moving the left margin of - clause (i) 2 ems to the left, + clause (i) 2 ems to the left; (4) in sections 203(c)(7), 207(b)(2)(B), and 215(i) by striking ``Committee on Education and the Workforce'' and - inserting ``Committee on Education and Labor'', + inserting ``Committee on Education and Labor''; (5) in section 207(b)(3)(A) by striking ``Administrator of the Health Care Finance Administration'' and inserting ``Administrator of the Centers for Medicare and Medicaid - Services'', + Services''; (6) in section 304(a)(3)(C) by striking ``term'' and all that follows through ``does'', and inserting ``term `State' - does'', - (7) in section 306(a)-- + does''; + (7) in section 304(d)(1)(B) by striking ``(excluding'' and + all that follows through ``303(a)(3))''; + (8) in section 306(a)-- (A) by inserting ``the number of older individuals at risk for institutional placement residing in such area,'' after ``areas) residing in such area,'' the - last place it appears, and + last place it appears; and (B) in paragraph (2) by striking ``who are victims - of'' and inserting ``with'', - (8) in section 339 by striking ``Institute of Medicine of + of'' and inserting ``with''; + (9) in section 339 by striking ``Institute of Medicine of the National Academy of Sciences'' and inserting ``National - Academies of Sciences, Engineering, and Medicine'', - (9) in section 611 by striking ``(a)'', and - (10) in section 614(c)(4) by striking ``(12)'' and - inserting ``(11)''. + Academies of Sciences, Engineering, and Medicine''; + (10) in section 611 by striking ``(a)''; and + (11) in section 614(c)(4) by striking ``(a)(12)'' and + inserting ``(a)(11)''. -SEC. 503. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS. +SEC. 502. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS. (a) Authorization of Appropriations; Uses of Funds.--Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is amended to read as @@ -1092,20 +1415,14 @@ $33,645,961 for fiscal year 2024. 2020, $205,991,140 for fiscal year 2021, $218,350,609 for fiscal year 2022, $231,451,645 for fiscal year 2023, and $245,338,744 for fiscal year 2024.''. - (b) Section 304(a)(3)(D) of the Older Americans Act of 1965 (42 -U.S.C. 3024(a)(3)(D)) is amended-- - (1) in clause (i) by striking ``2017 through 2019'' and - inserting ``2020 through 2024'', and - (2) in clause (ii) by striking ``2020'' and inserting - ``2025''. - (c) Section 311(e) of the Older Americans Act of 1965 (42 U.S.C. + (b) Section 311(e) of the Older Americans Act of 1965 (42 U.S.C. 3030a(e)) is amended to read as follows: ``(e) There are authorized to be appropriated to carry out this section (other than subsection (c)(1)) $171,682,200 for fiscal year 2020, $181,983,132 for fiscal year 2021, $192,902,120 for fiscal year 2022, $204,476,247 for fiscal year 2023, and $216,744,822 for fiscal year 2024.''. - (d) Section 411(b) of the Older Americans Act of 1965 (42 U.S.C. + (c) Section 411(b) of the Older Americans Act of 1965 (42 U.S.C. 3032(b)) is amended to read as follows: ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out-- @@ -1117,14 +1434,14 @@ appropriated to carry out-- $15,650,667 for fiscal year 2020, $16,589,707 for fiscal year 2021, $17,585,090 for fiscal year 2022, $18,640,195 for fiscal year 2023, and $19,758,607 for fiscal year 2024.''. - (e) Section 517(a) of the Older Americans Act of 1965 (42 U.S.C. + (d) Section 517(a) of the Older Americans Act of 1965 (42 U.S.C. 3056o(a)) is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to carry out this title $429,020,486 for fiscal year 2020, $454,761,715 for fiscal year 2021, $482,047,418 for fiscal year 2022, $510,970,263 for fiscal year 2023, and $541,628,478 for fiscal year 2024.''. - (f) Section 702 of the Older Americans Act of 1965 (42 U.S.C. -3058a) is amended to read as follows: + (e) Section 702 of the Older Americans Act of 1965 (42 U.S.C.3058a) +is amended to read as follows: ``SEC. 702. AUTHORIZATION OF APPROPRIATIONS. @@ -1137,7 +1454,93 @@ carry out chapters 3 and 4, $5,119,287 for fiscal year 2020, $5,426,444 for fiscal year 2021, $5,752,031 for fiscal year 2022, $6,097,153 for fiscal year 2023, and $6,462,982 for fiscal year 2024.''. -SEC. 504. EFFECTIVE DATE. +SEC. 503. HOLD HARMLESS FORMULA. + + (a) In General.--Section 304(a)(3)(D) of the Older Americans Act of +1965 (42 U.S.C. 3024(a)(3)(D)) is amended to read as follows: + ``(D)(i) In this subparagraph and paragraph (5): + ``(I) The term `allot' means allot + under this subsection from a sum + appropriated under section 303(a) or + 303(b)(1), as the case may be. + ``(II) The term `covered fiscal + year' means any of fiscal years 2020 + through 2029. + ``(ii) If the sum appropriated under + section 303(a) or 303(b)(1) for a particular + fiscal year is less than or equal to the sum + appropriated under section 303(a) or 303(b)(1), + respectively, for fiscal year 2019, amounts + shall be allotted to States from the sum + appropriated for the particular year in + accordance with paragraphs (1) and (2), and + subparagraphs (A) through (C) as applicable, + but no State shall be allotted an amount that + is less than-- + ``(I) for fiscal year 2020, 99.75 + percent of the corresponding sum + appropriated for fiscal year 2019; + ``(II) for fiscal year 2021, 99.50 + percent of that sum; + ``(III) for fiscal year 2022, 99.25 + percent of that sum; + ``(IV) for fiscal year 2023, 99.00 + percent of that sum; + ``(V) for fiscal year 2024, 98.75 + percent of that sum; + ``(VI) for fiscal year 2025, 98.50 + percent of that sum; + ``(VII) for fiscal year 2026, 98.25 + percent of that sum; + ``(VIII) for fiscal year 2027, + 98.00 percent of that sum; + ``(IX) for fiscal year 2028, 97.75 + percent of that sum; and + ``(X) for fiscal year 2029, 97.50 + percent of that sum. + ``(iii) If the sum appropriated under + section 303(a) or 303(b)(1) for a particular + covered fiscal year is greater than the sum + appropriated under section 303(a) or 303(b)(1), + respectively, for fiscal year 2019, the + allotments to States from the sum appropriated + for the particular year shall be calculated as + follows: + ``(I) From the portion equal to the + corresponding sum appropriated for + fiscal year 2019, amounts shall be + allotted in accordance with paragraphs + (1) and (2), and subparagraphs (A) + through (C) as applicable, but no State + shall be allotted an amount that is + less than the percentage specified in + clause (ii), for that particular year, + of the corresponding sum appropriated + for fiscal year 2019. + ``(II) From the remainder, amounts + shall be allotted in accordance with + paragraph (1), subparagraphs (A) + through (C) as applicable, and + paragraph (2) to the extent needed to + meet the requirements of those + subparagraphs.''. + (b) Repeal.--Section 304(a)(3)(D) of the Older Americans Act of +1965 (42 U.S.C. 3024(a)(3)(D)) is repealed effective October 1, 2029. + + Passed the House of Representatives October 28, 2019. + + Attest: + + Clerk. +116th CONGRESS - This Act shall take effect on October 1, 2019. - \ No newline at end of file + 1st Session + + H. R. 4334 + +_______________________________________________________________________ + + AN ACT + + To amend the Older Americans Act of 1965 to authorize appropriations + for fiscal years 2020 through 2024, and for other purposes. From 1c928389ddb797bf8426bbe858ea33e2383841ac Mon Sep 17 00:00:00 2001 From: "Rep. Bonamici, Suzanne [D-OR-1]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 411/984] House-4334: Enrolled --- bills_text/House-4334.txt | 3122 +++++++++++++++++++------------------ 1 file changed, 1643 insertions(+), 1479 deletions(-) diff --git a/bills_text/House-4334.txt b/bills_text/House-4334.txt index 15a601a..fa83495 100644 --- a/bills_text/House-4334.txt +++ b/bills_text/House-4334.txt @@ -1,1001 +1,742 @@ -116th CONGRESS - 1st Session - H. R. 4334 + H.R.4334 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + United States of America - - To amend the Older Americans Act of 1965 to authorize appropriations - for fiscal years 2020 through 2024, and for other purposes. - - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, - -SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - - (a) Short Title.--This Act may be cited as the ``Dignity in Aging -Act of 2019''. - (b) Table of Contents.--The table of contents of this Act is the -following: - -Sec. 1. Short title; table of contents. - TITLE I--ENSURING COLLABORATION AND PROMOTING INDEPENDENCE FOR OLDER - INDIVIDUALS -Sec. 101. Person-centered, trauma-informed care. -Sec. 102. Vaccination. -Sec. 103. Functions of Assistant Secretary. -Sec. 104. Professional standards for nutrition official under Assistant - Secretary. -Sec. 105. Interagency Coordinating Committee on Age-Friendly - Communities. -Sec. 106. Technical assistance on age-friendly communities. -Sec. 107. Malnutrition. -Sec. 108. Coordination with resource centers. -Sec. 109. Arts education. -Sec. 110. Social determinants of health. -Sec. 111. Falls prevention and chronic disease self-management - education. -Sec. 112. Extension of RAISE Family Caregivers Act. -Sec. 113. Support for socially-isolated older Americans. -Sec. 114. Increased focus of Assistant Secretary on health effects - associated with social isolation. -Sec. 115. Advisory council on health effects associated with social - isolation. -Sec. 116. Supportive services and senior centers. -Sec. 117. Demonstration projects. -Sec. 118. Younger onset Alzheimer's Disease. -Sec. 119. Priority for the senior community service employment program. -Sec. 120. Direct care workforce. -Sec. 121. National resource center for older individuals experiencing - the long-term and adverse consequences of - trauma. -Sec. 122. National Resource Center for Women and Retirement. -Sec. 123. Definition. -Sec. 124. Review of reports. -Sec. 125. Area plans. -Sec. 126. Addressing chronic pain management. -Sec. 127. Extension of the Supporting Grandparents Raising - Grandchildren Act. -Sec. 128. Screening for suicide risk. -Sec. 129. Traumatic brain injury. -Sec. 130. Addressing public health emergencies and emerging health - threats. -Sec. 131. Prevention of sexually transmitted diseases. -Sec. 132. Aging and Disability Resource Center. - TITLE II--EMPOWERING THE AGING NETWORK TO MEET THE NEEDS OF OLDER - INDIVIDUALS + AT THE SECOND SESSION -Sec. 201. National family caregiver support program cap. -Sec. 202. Minimum funding level for State administrative expenses. -Sec. 203. Culturally-appropriate, medically-tailored meals. -Sec. 204. Business acumen provisions and clarification regarding - outside funding for area agencies on aging. -Sec. 205. Other practices. -Sec. 206. Caregiver assessments. -Sec. 207. Research and evaluation. -Sec. 208. Grant program for multigenerational collaboration. - TITLE III--STRENGTHENING PROTECTIONS FOR OLDER INDIVIDUALS + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -Sec. 301. State Long-Term Care Ombudsman Program minimum funding and - maintenance of effort. -Sec. 302. State long-term care volunteer ombudsman representatives. -Sec. 303. Clarification regarding board and care facilities. -Sec. 304. Report on legal hotlines. -Sec. 305. Community outreach. -Sec. 306. Principles for person-directed services and supports during - serious illness. - TITLE IV--MEETING THE NEEDS OF OLDER NATIVE AMERICANS -Sec. 401. Expanding supportive services for Native American aging - programs. -Sec. 402. Enhancing capacity to support Native American aging programs. - TITLE V--MISCELLANEOUS + An Act -Sec. 501. Technical corrections. -Sec. 502. Authorization of appropriations; uses of funds. -Sec. 503. Hold harmless formula. - TITLE I--ENSURING COLLABORATION AND PROMOTING INDEPENDENCE FOR OLDER - INDIVIDUALS - -SEC. 101. PERSON-CENTERED, TRAUMA-INFORMED CARE. - - Section 101(2) of the Older Americans Act of 1965 (42 U.S.C. -3001(2)) is amended by inserting ``(including access to person- -centered, trauma-informed care)'' after ``health''. - -SEC. 102. VACCINATION. - - Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. -3002(14)) is amended-- - (1) in subparagraph (B) by inserting ``immunization - status,'' after ``oral health,''; and - (2) in subparagraph (D) by inserting ``infectious disease, - and vaccine preventable disease,'' after ``disease),''. - -SEC. 103. FUNCTIONS OF ASSISTANT SECRETARY. + +To amend the Older Americans Act of 1965 to authorize appropriations for + fiscal years 2020 through 2024, and for other purposes. - (a) Review of Applications.-- Section 202 of the Older Americans -Act of 1965 (42 U.S.C. 3012) is amended-- - (1) by amending subsection (a)(4) to read as follows: - ``(4) administer the grants provided by this Act but not - approve an application submitted by an applicant for a grant - for a program for which such applicant previously received a - grant unless the Assistant Secretary determines-- - ``(A) the program for which such application was - submitted is operating effectively to achieve its - stated purpose; and - ``(B) such applicant complied with the assurances - provided to the Assistant Secretary with the - application for such previous grant; and''; and - (2) by adding at the end the following: + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, +SECTION 1. SHORT TITLE. + This Act may be cited as the ``Supporting Older Americans Act of +2020''. +SEC. 2. TABLE OF CONTENTS. + The table of contents of this Act is as follows: + +Sec. 1. Short title. +Sec. 2. Table of contents. +Sec. 3. References. +Sec. 4. Definitions. + + TITLE I--MODERNIZING DEFINITIONS AND PROGRAMS UNDER THE ADMINISTRATION + ON AGING + +Sec. 101. Reauthorization. +Sec. 102. Person-centered, trauma-informed services. +Sec. 103. Aging and Disability Resource Centers. +Sec. 104. Assistive technology. +Sec. 105. Vaccination. +Sec. 106. Malnutrition. +Sec. 107. Sexually transmitted diseases. +Sec. 108. Addressing chronic pain management. +Sec. 109. Screening for suicide risk. +Sec. 110. Screening for fall-related traumatic brain injury; addressing + public health emergencies and emerging health threats; + negative health effects associated with social isolation. +Sec. 111. Clarification regarding board and care facilities. +Sec. 112. Person-centered, trauma-informed services definition. +Sec. 113. Traumatic brain injury. +Sec. 114. Modernizing the review of applications and providing technical + assistance for disasters. +Sec. 115. Increased focus of Assistant Secretary on negative health + effects associated with social isolation. +Sec. 116. Notification of availability of or updates to policies, + practices, and procedures through a uniform e-format. +Sec. 117. Evidence-based program adaptation. +Sec. 118. Business acumen provisions and clarification regarding outside + funding for area agencies on aging. +Sec. 119. Demonstration on direct care workers. +Sec. 120. National resource center for older individuals experiencing + the long-term and adverse consequences of trauma. +Sec. 121. National Resource Center for Women and Retirement. +Sec. 122. Family caregivers. +Sec. 123. Interagency coordination. +Sec. 124. Modernizing the Interagency Coordinating Committee on Healthy + Aging and Age-Friendly Communities. +Sec. 125. Professional standards for a nutrition official under the + Assistant Secretary. +Sec. 126. Report on social isolation. +Sec. 127. Research and evaluation. + + TITLE II--IMPROVING GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING + +Sec. 201. Social determinants of health. +Sec. 202. Younger onset Alzheimer's disease. +Sec. 203. Reauthorization. +Sec. 204. Hold harmless formula. +Sec. 205. Outreach efforts. +Sec. 206. State Long-Term Care Ombudsman program minimum funding and + maintenance of effort. +Sec. 207. Coordination with resource centers. +Sec. 208. Senior legal hotlines. +Sec. 209. Increase in limit on use of allotted funds for State + administrative costs. +Sec. 210. Improvements to nutrition programs. +Sec. 211. Review of reports. +Sec. 212. Other practices. +Sec. 213. Screening for negative health effects associated with social + isolation and traumatic brain injury. +Sec. 214. Supportive services and senior centers. +Sec. 215. Culturally appropriate, medically tailored meals. +Sec. 216. Nutrition services study. +Sec. 217. National Family Caregiver Support program. +Sec. 218. National Family Caregiver Support program cap. + + TITLE III--MODERNIZING ACTIVITIES FOR HEALTH, INDEPENDENCE, AND + LONGEVITY + +Sec. 301. Reauthorization. +Sec. 302. Public awareness of traumatic brain injury. +Sec. 303. Falls prevention and chronic disease self-management + education. +Sec. 304. Demonstration to address negative health impacts associated + with social isolation. +Sec. 305. Technical assistance and innovation to improve transportation + for older individuals. +Sec. 306. Grant program for multigenerational collaboration. + + TITLE IV--SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM + +Sec. 401. Priority for the senior community service employment program. +Sec. 402. Authorization of appropriations. + + TITLE V--ENHANCING GRANTS FOR NATIVE AMERICANS + +Sec. 501. Reauthorization. + +TITLE VI--MODERNIZING ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION + ACTIVITIES AND OTHER PROGRAMS + +Sec. 601. Reauthorization; vulnerable elder rights protection + activities. +Sec. 602. Volunteer State long-term care ombudsman representatives. +Sec. 603. Prevention of elder abuse, neglect, and exploitation. +Sec. 604. Principles for person-directed services and supports during + serious illness. +Sec. 605. Extension of the Supporting Grandparents Raising Grandchildren + Act. +Sec. 606. Best practices for home and community-based ombudsmen. +Sec. 607. Senior home modification assistance initiative. + + TITLE VII--MISCELLANEOUS + +Sec. 701. Technical corrections. +SEC. 3. REFERENCES. + Except as otherwise expressly provided in this Act, wherever in +this Act an amendment or repeal is expressed in terms of an amendment +to, or a repeal of, a section or other provision, the reference shall +be considered to be made to that section or other provision of the +Older Americans Act of 1965 (42 U.S.C. 3001 et seq.). +SEC. 4. DEFINITIONS. + In this Act, the terms ``area agency on aging'', ``Assistant +Secretary'', ``greatest social need'', ``older individual'', and +``Secretary'' have the meanings given such terms in section 102 of the +Older Americans Act of 1965 (42 U.S.C. 3002). + +TITLE I--MODERNIZING DEFINITIONS AND PROGRAMS UNDER THE ADMINISTRATION + ON AGING + + SEC. 101. REAUTHORIZATION. + Section 216 (42 U.S.C. 3020f) is amended to read as follows: + ``SEC. 216. AUTHORIZATION OF APPROPRIATIONS. + ``(a) In General.--For purposes of carrying out this Act, there are +authorized to be appropriated for administration, salaries, and +expenses of the Administration $43,937,410 for fiscal year 2020, +$46,573,655 for fiscal year 2021, $49,368,074 for fiscal year 2022, +$52,330,158 for fiscal year 2023, and $55,469,968 for fiscal year 2024. + ``(b) Additional Authorizations.--There are authorized to be +appropriated-- + ``(1) to carry out section 202(a)(21) (relating to the National + Eldercare Locator Service), $2,180,660 for fiscal year 2020, + $2,311,500 for fiscal year 2021, $2,450,190 for fiscal year 2022, + $2,597,201 for fiscal year 2023, and $2,753,033 for fiscal year + 2024; + ``(2) to carry out section 215, $1,988,060 for fiscal year + 2020, $2,107,344 for fiscal year 2021, $2,233,784 for fiscal year + 2022, $2,367,811 for fiscal year 2023, and $2,509,880 for fiscal + year 2024; + ``(3) to carry out section 202 (relating to Elder Rights + Support Activities under this title), $1,371,740 for fiscal year + 2020, $1,454,044 for fiscal year 2021, $1,541,287 for fiscal year + 2022, $1,633,764 for fiscal year 2023, and $1,731,790 for fiscal + year 2024; and + ``(4) to carry out section 202(b) (relating to the Aging and + Disability Resource Centers), $8,687,330 for fiscal year 2020, + $9,208,570 for fiscal year 2021, $9,761,084 for fiscal year 2022, + $10,346,749 for fiscal year 2023, and $10,967,554 for fiscal year + 2024.''. + SEC. 102. PERSON-CENTERED, TRAUMA-INFORMED SERVICES. + Section 101(2) (42 U.S.C. 3001(2)) is amended by inserting +``(including access to person-centered, trauma-informed services as +appropriate)'' after ``health''. + SEC. 103. AGING AND DISABILITY RESOURCE CENTERS. + Section 102(4) (42 U.S.C. 3002(4)) is amended-- + (1) in the matter preceding subparagraph (A), by inserting ``, + in collaboration with (as appropriate) area agencies on aging, + centers for independent living (as described in part C of chapter 1 + of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et + seq.)), and other aging or disability entities'' after + ``provides''; + (2) in subparagraph (B)-- + (A) by inserting ``services, supports, and'' after ``plan + for long-term''; and + (B) by inserting ``and choices'' after ``desires''; and + (3) in subparagraph (D), by striking ``part C of title VII of + the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), and other + community-based entities,'' and inserting ``part C of chapter 1 of + title VII of the Rehabilitation Act of 1973, and other community- + based entities, including other aging or disability entities,''. + SEC. 104. ASSISTIVE TECHNOLOGY. + The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is +amended-- + (1) in section 102(8) (42 U.S.C. 3002(8)), by adding at the end + the following: + ``(C) The term `State assistive technology entity' means the +agency, office, or other entity designated under subsection (c)(1) of +section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003) to +carry out State activities under such section.''; + (2) in section 306 (42 U.S.C. 3026)-- + (A) in subsection (a)(6)-- + (i) in subparagraph (G), by striking ``; and'' and + inserting a semicolon; + (ii) in subparagraph (H), by striking ``appropriate;'' + and inserting ``appropriate; and''; and + (iii) by adding at the end the following: + ``(I) to the extent feasible, coordinate with the State agency + to disseminate information about the State assistive technology + entity and access to assistive technology options for serving older + individuals;''; and + (B) in subsection (b)(3)-- + (i) in subparagraph (K)-- + + (I) by aligning the margins of the subparagraph + with the margins of subparagraph (J); and + (II) by striking ``; and'' and inserting a + semicolon; + + (ii) by redesignating subparagraph (L) as subparagraph + (M); and + (iii) by inserting after subparagraph (K) the + following: + ``(L) assistive technology devices and services; and''; and + (3) in section 411(a) (42 U.S.C. 3032(a))-- + (A) in paragraph (2), by inserting ``, aligned with + evidence-based practice,'' after ``applied social research''; + and + (B) in paragraph (10), by inserting ``consistent with + section 508 of the Rehabilitation Act of 1973 (29 U.S.C. + 794d)'' after ``other technologies''. + SEC. 105. VACCINATION. + Section 102(14) (42 U.S.C. 3002(14)) is amended-- + (1) in subparagraph (B), by inserting ``immunization status,'' + after ``oral health,''; and + (2) in subparagraph (D), by inserting ``infectious disease, and + vaccine-preventable disease, as well as'' after ``cardiovascular + disease),''. + SEC. 106. MALNUTRITION. + The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is +amended-- + (1) in section 102(14)(B), as amended by section 105(1), by + inserting ``(including screening for malnutrition)'' after + ``nutrition screening''; and + (2) in section 330(1), by striking ``and food insecurity'' and + inserting ``, food insecurity, and malnutrition''. + SEC. 107. SEXUALLY TRANSMITTED DISEASES. + Section 102(14)(D) (42 U.S.C. 3002(14)(D)), as amended by section +105(2), is further amended by inserting ``prevention of sexually +transmitted diseases,'' after ``vaccine-preventable disease,''. + SEC. 108. ADDRESSING CHRONIC PAIN MANAGEMENT. + Section 102(14)(D) (42 U.S.C. 3002(14)(D)), as amended by section +107, is further amended by inserting ``chronic pain management,'' after +``substance abuse reduction,''. + SEC. 109. SCREENING FOR SUICIDE RISK. + Section 102(14)(G) (42 U.S.C. 3002(14)(G)) is amended by inserting +``and screening for suicide risk'' after ``depression''. + SEC. 110. SCREENING FOR FALL-RELATED TRAUMATIC BRAIN INJURY; + ADDRESSING PUBLIC HEALTH EMERGENCIES AND EMERGING HEALTH THREATS; + NEGATIVE HEALTH EFFECTS ASSOCIATED WITH SOCIAL ISOLATION. + Section 102(14) (42 U.S.C. 3002(14)) is amended-- + (1) by redesignating subparagraphs (H) through (J), and + subparagraphs (K) and (L), as subparagraphs (I) through (K), and + subparagraphs (M) and (O), respectively; + (2) by inserting after subparagraph (G) the following: + ``(H) screening for fall-related traumatic brain injury and + other fall-related injuries, coordination of treatment, + rehabilitation and related services, and referral services + related to such injury or injuries;''; + (3) by inserting after subparagraph (K), as redesignated by + paragraph (1), the following: + ``(L) services that are a part of responses to a public + health emergency or emerging health threat;''; and + (4) in subparagraph (M), as redesignated by paragraph (1), by + striking ``; and'' and inserting a semicolon; + (5) by inserting after subparagraph (M), as redesignated by + paragraph (1), the following: + ``(N) screening for the prevention of negative health + effects associated with social isolation and coordination of + supportive services and health care to address negative health + effects associated with social isolation; and''; and + (6) in subparagraph (O), as redesignated, by striking ``(A) + through (K)'' and inserting ``(A) through (N)''. + SEC. 111. CLARIFICATION REGARDING BOARD AND CARE FACILITIES. + Section 102(35)(C) (42 U.S.C. 3002(35)(C)) is amended by striking +``for purposes of sections 307(a)(12) and 712,''. + SEC. 112. PERSON-CENTERED, TRAUMA-INFORMED SERVICES DEFINITION. + Section 102 (42 U.S.C. 3002) is amended-- + (1) by redesignating paragraphs (41) through (54) as paragraphs + (42) through (55), respectively; and + (2) by inserting after paragraph (40) the following: + ``(41) The term `person-centered, trauma-informed', with + respect to services, means services provided through an aging + program that-- + ``(A) use a holistic approach to providing services or + care; + ``(B) promote the dignity, strength, and empowerment of + victims of trauma; and + ``(C) incorporate evidence-based practices based on + knowledge about the role of trauma in trauma victims' lives.''. + SEC. 113. TRAUMATIC BRAIN INJURY. + Section 102 (42 U.S.C. 3002), as amended by section 112, is further +amended-- + (1) by redesignating paragraph (55) as paragraph (56); and + (2) by inserting after paragraph (54) the following: + ``(55) The term `traumatic brain injury' has the meaning given + such term in section 393B(d) of the Public Health Service Act (42 + U.S.C. 280b-1c(d)).''. + SEC. 114. MODERNIZING THE REVIEW OF APPLICATIONS AND PROVIDING + TECHNICAL ASSISTANCE FOR DISASTERS. + (a) Review of Applications.--Section 202 (42 U.S.C. 3012) is +amended-- + (1) by amending subsection (a)(4) to read as follows: + ``(4) administer the grants provided by this Act, but not + approve an application submitted by an applicant for a grant for an + activity under a provision of this Act for which such applicant + previously received a grant under such provision unless the + Assistant Secretary determines-- + ``(A) the activity for which such application was submitted + is being operated, or was operated, effectively to achieve its + stated purpose; and + ``(B) such applicant has complied with the assurances + provided to the Assistant Secretary with the application for + such previous grant.''; and + (2) by adding at the end the following: ``(h) The Assistant Secretary shall publish, on an annual basis, a list of centers and demonstration projects funded under each title of -the Act. The Assistant Secretary shall ensure that this information is -also directly provided to States and area agencies on aging.''. - (b) Addressing the Needs of Older Individuals in Disasters.-- -Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) -is amended-- - (1) in paragraph (30) by striking ``and'' at the end; - (2) in paragraph (31) by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following: - ``(32) provide technical assistance to and share best - practices with States and area agencies on aging on how to - collaborate and coordinate activities and develop long-range - emergency preparedness plans with local and State emergency - response agencies, relief organizations, local and State - governments, federal agencies as appropriate, and any other - institutions that have responsibility for disaster relief - service delivery.''. - -SEC. 104. PROFESSIONAL STANDARDS FOR NUTRITION OFFICIAL UNDER ASSISTANT - SECRETARY. - - Section 205(a)(2)(C)(ii) of the Older Americans Act of 1965 (42 -U.S.C. 3016(a)(2)(C)(ii) is amended to read as follows: - ``(ii) be a registered dietitian or registered dietitian - nutritionist.''. - -SEC. 105. INTERAGENCY COORDINATING COMMITTEE ON AGE-FRIENDLY - COMMUNITIES. - - Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is +this Act. The Assistant Secretary shall ensure that this information is +also directly provided to State agencies and area agencies on aging.''. + (b) Addressing the Needs of Older Individuals in Disasters.-- +Section 202(a) (42 U.S.C. 3012(a)) is amended-- + (1) in paragraph (30), by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (31), by striking the period at the end and + inserting a semicolon; and + (3) by adding at the end the following: + ``(32) provide technical assistance to, and share best + practices with, State agencies and area agencies on aging on how to + collaborate and coordinate activities and develop long-range + emergency preparedness plans with local and State emergency + response agencies, relief organizations, local and State + governments, Federal agencies as appropriate, and any other + institutions that have responsibility for disaster relief service + delivery;''. + SEC. 115. INCREASED FOCUS OF ASSISTANT SECRETARY ON NEGATIVE HEALTH + EFFECTS ASSOCIATED WITH SOCIAL ISOLATION. + Section 202(a) (42 U.S.C. 3012(a)), as amended by section 114(b), +is further amended by adding at the end the following: + ``(33) with input from aging network stakeholders, including + caregivers, develop objectives, priorities, and a long-term plan + for supporting State and local efforts involving education about + prevention of, detection of, and response to negative health + effects associated with social isolation among older individuals, + and submit a report to Congress on this effort by January 2021; + and''. + SEC. 116. NOTIFICATION OF AVAILABILITY OF OR UPDATES TO POLICIES, + PRACTICES, AND PROCEDURES THROUGH A UNIFORM E-FORMAT. + Section 202(a) (42 U.S.C. 3012(a)), as amended by sections 114(b) +and 115, is further amended by adding at the end the following: + ``(34) provide (to the extent practicable) a standardized + notification to State agencies, area agencies on aging, providers + of services under this Act, and grantees or contract awardees under + this Act, through an electronic format (e-mail or other electronic + notification), of the availability of, or updates to, policies, + practices, and procedures under this Act.''. + SEC. 117. EVIDENCE-BASED PROGRAM ADAPTATION. + (a) Functions of the Assistant Secretary.--Section 202 (42 U.S.C. +3012) is amended-- + (1) in subsection (a)(28), by inserting before the semicolon + ``, including information and technical assistance on delivery of + such services in different settings''; and + (2) in subsection (b)(9)(B), by inserting before the semicolon + ``, including delivery of such services in different settings''. + (b) Evidence-Based Disease Prevention and Health Promotion +Services.--Section 361(a) (42 U.S.C. 3030m(a)) is amended in the second +sentence by inserting ``provide technical assistance on the delivery of +evidence-based disease prevention and health promotion services in +different settings and for different populations, and'' before +``consult''. + SEC. 118. BUSINESS ACUMEN PROVISIONS AND CLARIFICATION REGARDING + OUTSIDE FUNDING FOR AREA AGENCIES ON AGING. + (a) Assistance Relating To Growing and Sustaining Capacity.-- +Section 202(b)(9) (42 U.S.C. 3012(b)(9)) is amended-- + (1) in subparagraph (A), by striking ``and'' after the + semicolon at the end; + (2) in subparagraph (B), as amended by section 117(a)(2), by + inserting ``and'' after the semicolon at the end; and + (3) by adding at the end the following: + ``(C) activities for increasing business acumen, capacity + building, organizational development, innovation, and other + methods of growing and sustaining the capacity of the aging + network to serve older individuals and caregivers most + effectively;''. + (b) Clarifying Partnerships for Area Agencies on Aging.--Section +306 (42 U.S.C. 3026) is amended by adding at the end the following: + ``(g) Nothing in this Act shall restrict an area agency on aging +from providing services not provided or authorized by this Act, +including through-- + ``(1) contracts with health care payers; + ``(2) consumer private pay programs; or + ``(3) other arrangements with entities or individuals that + increase the availability of home- and community-based services and + supports.''. + (c) Conforming Amendment.--Section 307(a) (42 U.S.C. 3027(a)) is amended-- - (1) in subsection (b)-- - (A) in paragraph (18) by striking ``and'' at the - end; - (B) in subparagraph (19) by striking the period at - the end, and inserting ``, and''; and - (C) by adding at the end the following: - ``(20) section 393D of the Public Health Service Act (42 - U.S.C. 280b-1f), relating to safety of seniors.''; and - (2) in subsection (c)-- - (A) in paragraph (1)-- - (i) by striking ``Aging'' and inserting - ``Age-Friendly Communities''; and - (ii) by inserting ``to support the ability - of older individuals to age in place, including - through the provision of homelessness - prevention services, support the ability of - older individuals to access preventive health - care, promote age-friendly communities, and - address the ability of older individuals to - access long-term care supports, including - access to caregivers and home- and community- - based services'' before the period at the end; - (B) in paragraph (4) by inserting ``, except that - the 1st term of a member appointed to the Interagency - Coordinating Committee on Age-Friendly Communities - shall begin not later than 1 year after the effective - date of this exception'' before the period at the end; - (C) in paragraph (5) by striking ``once each year'' - and inserting ``semiannually''; - (D) in paragraph (6)-- - (i) in subparagraph (A)-- - (I) in clause (iii) by striking - ``and'' at the end; - (II) in clause (iv) by adding - ``and'' at the end; and - (III) by adding at the end the - following: - ``(v) identifying best practices for connecting - older individuals to services for which they may be - eligible;''; - (ii) in subparagraph (B)-- - (I) by inserting - ``transportation,'' after ``housing,'' - the 1st place it appears; - (II) in clause (i) by striking - ``and'' at the end; - (III) by amending clause (ii) to - read as follows: - ``(ii) innovations in technology applications - (including assistive technology devices and assistive - technology services) that-- - ``(I) promote safe and accessible - independent living environments; and - ``(II) give older individuals access to - information on available services or help in - providing services to older individuals, - including information on transportation - services such as public transit, on-demand - transportation services, volunteer-based - transportation services, and other private - transportation services; and''; and - (IV) by adding at the end the - following: - ``(iii) transportation models that reduce costs of - transportation for older individuals and provide the - ability to schedule trips in advance and on demand, as - appropriate;''; - (iii) in subparagraph (E)-- - (I) by striking ``nongovernmental - experts and organizations, including - public health interest and research - groups and foundations'' and inserting - ``nongovernmental organizations, - academic or research institutions, - community-based organizations, and - philanthropic organizations''; and - (II) by striking ``(F)'' and - inserting ``(G)''; - (iv) by redesignating subparagraphs (E), - (F), and (G) as subparagraphs (F), (G), and - (H), respectively; - (v) by inserting after subparagraph (D) the - following: - ``(E) work with the Centers for Disease Control and - Prevention, the National Institute on Aging, Centers for - Medicare and Medicaid Services, the Housing and Urban - Development Office of Lead Hazard Control and Healthy Homes, - and other Federal agencies as appropriate, to develop - recommendations, in accordance with paragraph (1), to reduce - falls among older individuals that incorporate evidence-based - falls prevention programs and home modifications to reduce and - prevent falls;''; and - (vi) by adding at the end the following: + (1) by striking paragraph (26); and + (2) by redesignating paragraphs (27) through (30) as paragraphs + (26) through (29). + SEC. 119. DEMONSTRATION ON DIRECT CARE WORKERS. + Section 411(a) (42 U.S.C. 3032(a)) is amended-- + (1) by redesignating paragraphs (13) and (14) as paragraphs + (14) and (15), respectively; and + (2) by inserting after paragraph (12) the following: + ``(13) in coordination with the Secretary of Labor, the + demonstration of new strategies for the recruitment, retention, or + advancement of direct care workers, and the soliciting, + development, and implementation of strategies-- + ``(A) to reduce barriers to entry for a diverse and high- + quality direct care workforce, including providing wages, + benefits, and advancement opportunities needed to attract or + retain direct care workers; and + ``(B) to provide education and workforce development + programs for direct care workers that include supportive + services and career planning;''. + SEC. 120. NATIONAL RESOURCE CENTER FOR OLDER INDIVIDUALS + EXPERIENCING THE LONG-TERM AND ADVERSE CONSEQUENCES OF TRAUMA. + Section 411(a) (42 U.S.C. 3032(a)), as amended by section 119, is +further amended-- + (1) by redesignating paragraphs (14) and (15) as paragraphs + (15) and (16), respectively; and + (2) by inserting after paragraph (13) the following: + ``(14) the establishment and operation of a national resource + center that shall-- + ``(A) provide training and technical assistance to agencies + in the aging network delivering services to older individuals + experiencing the long-term and adverse consequences of trauma; + ``(B) share best practices with the aging network; and + ``(C) make subgrants to the agencies best positioned to + advance and improve the delivery of person-centered, trauma- + informed services for older individuals experiencing the long- + term and adverse consequences of trauma;''. + SEC. 121. NATIONAL RESOURCE CENTER FOR WOMEN AND RETIREMENT. + Section 215 (42 U.S.C. 3020e-1) is amended by adding at the end the +following: + ``(k)(1) The Assistant Secretary shall, directly or by grant or +contract, operate the National Resource Center for Women and Retirement +(in this subsection referred to as the `Center'). + ``(2) The Center shall-- + ``(A) provide tools, such as basic financial management, + retirement planning, and other tools that promote financial + literacy and help to identify and prevent exploitation (including + fraud), and integrate these with information on health and long- + term care; + ``(B) annually disseminate a summary of outreach activities + provided, including work to provide user-friendly consumer + information and public education materials; + ``(C) develop targeted outreach strategies; + ``(D) provide technical assistance to State agencies and to + other public and nonprofit private agencies and organizations; and + ``(E) develop partnerships and collaborations to address + program objectives.''. + SEC. 122. FAMILY CAREGIVERS. + (a) Administration.--Section 202 (42 U.S.C. 3012), as amended by +section 114, is further amended by adding at the end the following: + ``(i) The Assistant Secretary shall carry out the RAISE Family +Caregivers Act (42 U.S.C. 3030s note).''. + (b) Sunset.--Section 6 of the RAISE Family Caregivers Act (42 +U.S.C. 3030s note) is amended by striking ``3 years'' and inserting ``4 +years''. + (c) Conforming Amendment.--Section 2(3) of the RAISE Family +Caregivers Act (42 U.S.C. 3030s note) is amended by inserting ``, +acting through the Assistant Secretary for Aging'' before the period at +the end. + SEC. 123. INTERAGENCY COORDINATION. + (a) In General.--The Assistant Secretary shall, in performing the +functions of the Administration on Aging under section 202(a)(5) of the +Older Americans Act of 1965 (42 U.S.C. 3012(a)(5)) related to health +(including mental and behavioral health) services, coordinate with the +Assistant Secretary for Mental Health and Substance Use and the +Director of the Centers for Disease Control and Prevention-- + (1) in the planning, development, implementation, and + evaluation of evidence-based policies, programs, practices, and + other activities pertaining to the prevention of suicide among + older individuals, including the implementation of evidence-based + suicide prevention programs and strategies identified by the + National Center for Injury Prevention and Control at the Centers + for Disease Control and Prevention and other entities, as + applicable; and + (2) in providing and incorporating technical assistance for the + prevention of suicide among older individuals, including technical + assistance related to the Suicide Prevention Technical Assistance + Center established under section 520C of the Public Health Service + Act (42 U.S.C. 290bb-34). + (b) Program Design.--Section 202(a)(5) (42 U.S.C. 3012(a)(5)) is +amended by inserting ``cultural experiences, activities, and services, +including in the arts,'' after ``education),''. + SEC. 124. MODERNIZING THE INTERAGENCY COORDINATING COMMITTEE ON + HEALTHY AGING AND AGE-FRIENDLY COMMUNITIES. + (a) Federal Agency Consultation.--Section 203(b) (42 U.S.C. +3013(b)) is amended-- + (1) in paragraph (18), by striking ``and'' at the end; + (2) in paragraph (19), by striking the period at the end and + inserting ``, and''; and + (3) by adding at the end the following: + ``(20) section 393D of the Public Health Service Act (42 U.S.C. + 280b-1f), relating to safety of seniors.''. + (b) Modernization.--Section 203(c) (42 U.S.C. 3013(c)) is amended-- + (1) in paragraph (1)-- + (A) by striking ``the Federal officials'' and inserting + ``other Federal officials''; + (B) by striking ``Committee on Aging'' and inserting + ``Committee on Healthy Aging and Age-Friendly Communities''; + and + (C) by inserting ``and the development of a national set of + recommendations, in accordance with paragraph (6), to support + the ability of older individuals to age in place and access + homelessness prevention services, preventive health care, + promote age-friendly communities, and address the ability of + older individuals to access long-term care supports, including + access to caregivers and home- and community-based health + services'' before the period; + (2) in paragraph (4), by adding at the end the following: ``The + first term, after the date of enactment of the Supporting Older + Americans Act of 2020, shall start not later than 1 year after such + date of enactment.''; + (3) in paragraph (6)-- + (A) in the matter preceding subparagraph (A), by striking + ``The Committee shall'' and inserting ``The recommendations + described in paragraph (1) may include recommendations for''; + (B) in subparagraph (A)-- + (i) by striking ``share information with and establish + an ongoing system to'' and inserting ``ways to''; and + (ii) by striking ``for older individuals and recommend + improvements'' and all that follows through ``accessibility + of such programs and services'' and inserting ``that impact + older individuals''; + (C) in subparagraph (B)-- + (i) by striking ``identify, promote, and implement (as + appropriate),''; + (ii) in clause (i), by striking ``and'' after the + semicolon; + (iii) in clause (ii), by inserting ``and'' after the + semicolon; and + (iv) by adding at the end the following: + ``(iii) best practices identified in coordination with the + Centers for Disease Control and Prevention, the National + Institute on Aging, the Centers for Medicare & Medicaid + Services, the Office of Lead Hazard Control and Healthy Homes + of the Department of Housing and Urban Development, and other + Federal agencies, as appropriate, to reduce and prevent falls + among older individuals, that incorporate evidence-based falls + prevention programs and home modifications, which + recommendations shall supplement and not unnecessarily + duplicate activities authorized under section 393D of the + Public Health Service Act (42 U.S.C. 280b-1f), relating to + safety of seniors;''; + (D) in subparagraph (C)-- + (i) by inserting ``ways to'' before ``collect''; + (ii) by striking ``older individuals and''; and + (iii) by striking ``the individuals to ensure'' and all + that follows through ``information'' and inserting ``older + individuals to ensure that such information is + accessible''; + (E) in subparagraph (D), by striking ``work with'' and all + that follows through ``member agencies to ensure'' and + inserting ``ways to ensure''; + (F) in subparagraph (E), by striking ``seek input'' and all + that follows through ``foundations'' and inserting ``seeking + input from and consulting with nonprofit organizations, + academic or research institutions, community-based + organizations, philanthropic organizations, or other entities + supporting age-friendly communities''; + (G) in subparagraph (F), by striking ``identify'' and + inserting ``identifying''; and + (H) by amending subparagraph (G) to read as follows: + ``(G) ways to improve coordination to provide housing, health + care, and other supportive services to older individuals.''; + (4) in paragraph (7)(A)(i), by striking ``services for older + individuals'' and inserting ``services that impact older + individuals''; and + (5) by adding at the end the following: ``(9) In this subsection, the term `age-friendly community' means a community that-- - ``(A) is taking steps-- - ``(i) to include accessible housing, accessible - spaces and buildings, safe and secure paths, variable - route transportation services, and programs and - services designed to maintain health and well-being; - ``(ii) to respect and include older individuals in - social opportunities, civic participation, - volunteerism, and employment; and - ``(iii) to facilitate access to supportive services - for older individuals; and - ``(B) has a plan in place to meet local needs for housing, - transportation, civic participation, social connectedness, and - accessible spaces.''; and - (3) by adding at the end the following: - ``(d) Not later than 2 years after the effective date of this -subsection, the Comptroller General of the United States shall conduct -a study and issue a report that includes-- - ``(1) an inventory of Federal programs, administered by the - Department of Health and Human Services, the Department of - Housing and Urban Development, or any other Federal agency - determined appropriate by the Comptroller General, that support - home assessments and home modifications for older individuals - and individuals with disabilities, - ``(2) statistical data, for recent fiscal years, on the - number of older individuals and individuals with disabilities - served by each Federal program described in paragraph (1) and - the approximate amount of Federal funding invested in each such - program, - ``(3) a demographic analysis of individuals served by each - such program for recent fiscal years, - ``(4) an analysis of duplication and gaps in populations - supported by the Federal programs described in paragraph (1), - ``(5) what is known about the impact of the Federal - programs described in paragraph (1) on health status and health - outcomes in populations supported by such programs, - ``(6) a review of Federal efforts to coordinate Federal - programs existing prior to the effective date of this - subsection that support home assessments and home modifications - for older individuals and individuals with disabilities and any - considerations for improving coordination, which may include an - indication of the Federal agency or department that is best - suited to coordinate such Federal efforts, and - ``(7) information on the extent to which consumer-friendly - resources, such as a brochure, are available through the - National Eldercare Locator Service established under section - 202(a)(21), are accessible to all area agencies on aging, and - contain information on home assessments and home modifications - for older individuals attempting to live independently and - safely in their homes and for the caregivers of such - individuals.''. - -SEC. 106. TECHNICAL ASSISTANCE ON AGE-FRIENDLY COMMUNITIES. - - Section 205(a)(2) of the Older Americans Act of 1965 (42 U.S.C. + ``(A) is taking measurable steps to-- + ``(i) include adequate and accessible housing, public + spaces and buildings, safe and secure paths, variable route + transportation services, and programs and services designed to + support health and well-being; + ``(ii) respect and include older individuals in social + opportunities, civic participation, volunteerism, and + employment; and + ``(iii) facilitate access to supportive services for older + individuals; + ``(B) is not an assisted living facility or long-term care + facility; and + ``(C) has a plan in place to meet local needs for housing, + transportation, civic participation, social connectedness, and + accessible public spaces.''. + (c) Administration of the Act.--Section 205(a)(2) (42 U.S.C. 3016(a)(2)) is amended-- - (1) by redesignating subparagraph (C) as subparagraph (D); - and - (2) by inserting after subparagraph (B) the following: + (1) by redesignating subparagraph (C) as subparagraph (D); and + (2) by inserting after subparagraph (B) the following: ``(C) The Assistant Secretary may provide technical assistance, including through the regional offices of the Administration, to State agencies, area agencies on aging, local government agencies, or leaders -in age-friendly communities (as defined in section 203(c)(9)) -regarding-- - ``(i) support for public and private entities in building - partnerships to promote such age-friendly communities; - ``(ii) dissemination of, or consideration of ways to - implement, best practices and recommendations from the - Interagency Coordinating Committee on Age-Friendly Communities - established under section 203(c); and - ``(iii) methods for managing and coordinating existing - programs to meet the needs of growing age-friendly - communities.''. - -SEC. 107. MALNUTRITION. - - The Older Americans Act of 1965 (42 U.S.C. 2011 et seq.) is -amended-- - (1) in section 102(14)(B) by inserting ``(including - screening for malnutrition)'' before the semicolon at the end; - and - (2) in section 330(1) by striking ``and food insecurity'' - and inserting ``, food insecurity, and malnutrition''. - -SEC. 108. COORDINATION WITH RESOURCE CENTERS. - - (a) Area Plans.--Section 306(a) of the Older Americans Act of 1965 -(42 U.S.C. 3026(a)) is amended-- - (1) in paragraph (16) by striking ``and'' at the end; - (2) in paragraph (17) by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following: - ``(18) provide assurances that the area agency on aging - will collect data to determine-- - ``(A) the services that are needed by older - individuals whose needs were the focus of all centers - funded under title IV in fiscal year 2019; and - ``(B) the effectiveness of the programs, policies, - and services provided by such area agency on aging in - assisting such individuals; and - ``(19) provide assurances that the area agency on aging - will use outreach efforts that will identify older individuals - eligible for assistance under this Act, with special emphasis - on those older individuals whose needs were the focus of all - centers funded under title IV in fiscal year 2019.''. - (b) State Plans.--Section 307(a) of the Older Americans Act of 1965 -(42 U.S.C. 3027) is amended by adding at the end the following: - ``(31) The plan shall contain an assurance that the State - shall prepare and submit to the Assistant Secretary annual - reports that describe-- - ``(A) data collected to determine the services that - are needed by older individuals whose needs were the - focus of all centers funded under title IV in fiscal - year 2019; - ``(B) data collected to determine the effectiveness - of the programs, policies, and services provided by - area agencies on aging in assisting such individuals; - and - ``(C) outreach efforts and other activities carried - out to satisfy the assurances described in paragraphs - (18) and (19) of section 306(a).''. - -SEC. 109. ARTS EDUCATION. - - (a) Program Design.--Section 202(a)(5) of the Older Americans Act -of 1965 (42 U.S.C. 3012(a)(5)) is amended by inserting ``cultural -experiences, activities and services, including the arts,'' after -``education),''. - (b) Supportive Services.--Section 321(a)(7) of the Older Americans -Act of 1965 (42 U.S.C. 3030d(a)(7)) is amended by inserting ``cultural -experiences (including the arts),'' after ``art therapy,''. - -SEC. 110. SOCIAL DETERMINANTS OF HEALTH. - - Section 301(a)(1) of the Older Americans Act of 1965 (42 U.S.C. -3021(a)(1)) is amended-- - (1) in subparagraph (C) by striking ``and'' at the end; - (2) in subparagraph (D) by striking the period at the end - and inserting ``; and''; and - (3) by adding at the end the following: - ``(E) address the social determinants of health of older - individuals.''. - -SEC. 111. FALLS PREVENTION AND CHRONIC DISEASE SELF-MANAGEMENT - EDUCATION. - - Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. -3032(a)) is amended-- - (1) by redesignating paragraphs (13) and (14) as paragraphs - (15) and (16), respectively; and - (2) by inserting after paragraph (12) the following: - ``(13) bringing to scale and sustaining evidence-based - falls prevention programs that will reduce the number of falls, - fear of falling, and fall-related injuries in older individuals - and older individuals with disabilities; - ``(14) bringing to scale and sustaining evidence-based - chronic disease self-management programs that empower older - individuals and older individuals with disabilities to better - manage their chronic conditions;''. - -SEC. 112. EXTENSION OF RAISE FAMILY CAREGIVERS ACT. - - Section 6 of the RAISE Family Caregivers Act (Public Law 115-119; -132 Stat. 27) is amended by striking ``3'' and inserting ``4''. - -SEC. 113. SUPPORT FOR SOCIALLY-ISOLATED OLDER AMERICANS. - - Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. -3002(14)) is amended-- - (1) in subparagraph (K) by striking ``and'' at the end; - (2) in subparagraph (L) by striking ``(K)'' and inserting - ``(L)''; - (3) by redesignating subparagraph (L) as subparagraph (M); - and - (4) by inserting after subparagraph (K) the following: - ``(L) screening for the prevention of negative - health effects associated with social isolation and - coordination of supportive services and health care to - address negative health effects associated with social - isolation; and''. - -SEC. 114. INCREASED FOCUS OF ASSISTANT SECRETARY ON HEALTH EFFECTS - ASSOCIATED WITH SOCIAL ISOLATION. - - Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. -3012(a)), as amended by section 103, is amended-- - (1) in paragraph (31) by striking ``; and'' and inserting a - semicolon; - (2) in paragraph (32) by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following: - ``(33) develop objectives, priorities, and a long-term plan - for supporting State and local efforts involving education - about, prevention of, detection of, and response to negative - health effects associated with social isolation among older - individuals.''. - -SEC. 115. ADVISORY COUNCIL ON HEALTH EFFECTS ASSOCIATED WITH SOCIAL - ISOLATION. - - Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012), as -amended by section 103, is amended by adding at the end the following: - ``(i)(1) The Assistant Secretary shall convene an advisory council -on negative health effects associated with social isolation with aging -network stakeholders, including caregivers, and select members in a -manner that ensures geographic diversity of the members-- - ``(A) to review and evaluate efforts to address negative - health effects associated with social isolation among older - individuals; and - ``(B) to identify challenges, solutions, and best practices - related to such efforts. - ``(2) The advisory council convened under paragraph (1) shall-- - ``(A) ensure consideration of consumer-directed care - models; and - ``(B) submit a report to Congress on its findings. - ``(3) The Federal Advisory Committee Act (5 U.S.C. App.) shall not -apply with respect to the advisory council convened under paragraph -(1).''. - -SEC. 116. SUPPORTIVE SERVICES AND SENIOR CENTERS. - - Section 321(a) of the Older Americans Act of 1965 (42 U.S.C. -3030d(a)) is amended-- - (1) in paragraph (24) by striking ``and'' at the end; - (2) by redesignating paragraph (25) as paragraph (26); and - (3) by inserting after paragraph (24) the following: - ``(25) services that promote or support social - connectedness and reduce negative health effects associated - with social isolation; and''. - -SEC. 117. DEMONSTRATION PROJECTS. - - (a) Demonstrations.--Section 411(a) of the Older Americans Act of -1965 (42 U.S.C. 3032(a)), as amended by section 111, is amended-- - (1) in paragraph (15) by striking ``and'' at the end; - (2) by redesignating paragraph (16) as paragraph (17); and - (3) by inserting after paragraph (15) the following: - ``(16) projects that address negative health effects - associated with social isolation among older adults; and''. - (b) Repeal.--Section 416 of the Older Americans Act of 1965 (42 -U.S.C. 3032e) is repealed. - -SEC. 118. YOUNGER ONSET ALZHEIMER'S DISEASE. - - (a) Definition of ``Family Caregiver''.--Section 302(3) of the -Older Americans Act of 1965 (42 U.S.C. 3022(3)) is amended by inserting -``of any age'' after ``an individual''. - (b) Definition of ``Resident''.--Section 711(6) of the Older -Americans Act of 1965 (42 U.S.C. 3058(6)) is amended by inserting ``of -any age'' after ``individual''. - -SEC. 119. PRIORITY FOR THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM. - - (a) Priority.--The Older Americans Act of 1965 (42 U.S.C. 3001 et -seq.) is amended-- - (1) in section 503(a)(4)(C)-- - (A) in clause (iii) by striking ``and'' at the end; - (B) in clause (iv) by adding ``and'' at the end; - and - (C) by adding at the end the following: - ``(v) eligible individuals who have been - incarcerated within the last 5 years or are - under supervision following the release from - prison or jail within the last 5 years;''; - (2) in section 514(e)(1) by inserting ``older individuals - who have been incarcerated or are under supervision following - the release from prison or jail,'' after ``need,''; and - (3) in section 518-- - (A) in subsection (a)(3)(B)(ii)-- - (i) in clause (IV) by striking ``or'' at - the end; - (ii) in clause (V) by striking the period - at the end and inserting ``; or''; and - (iii) by adding at the end the following: - ``(VI) have been incarcerated within the - last 5 years or are under supervision following - the release from prison or jail within the last - 5 years.''; and - (B) in subsection (b)(2)-- - (i) in subparagraph (F) by striking ``or'' - at the end; - (ii) in subparagraph (G) by striking the - period at the end and inserting ``; or''; and - (iii) by adding at the end the following: - ``(H) has been incarcerated or is under supervision - following the release from prison or jail within the last 5 - years.''. - (b) Transition Period.--This section shall take effect 1 year after -the date of the enactment of this Act. - -SEC. 120. DIRECT CARE WORKFORCE. - - (a) Demonstrations.--Section 411(a) of the Older Americans Act of -1965 (42 U.S.C. 3032(a)), as amended by sections 111 and 117, is -amended-- - (1) by redesignating paragraphs (16) and (17) as paragraphs - (17) and (18), respectively; and - (2) by inserting after paragraph (15) the following: - ``(16) in coordination with the Secretary of Labor, the - demonstration of new strategies for the recruitment, retention, - or advancement of direct care workers, and to solicit, develop, - and implement strategies-- - ``(A) to reduce barriers to entry for a diverse and - high-quality direct care workforce, including providing - wages, benefits, and advancement opportunities needed - to attract or retain direct care workers; - ``(B) to provide supportive services and career - planning for direct care workers; and - ``(C) to support the advancement of direct care - workers through education and workforce development - programs that include necessary credential or licensing - preparation, paid on-the-job training or work-based - learning, and appropriate safety training;''. - (b) Older American Community Service Employment Program.--Section -502(e)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. -3056(e)(2)(B)) is amended-- - (1) in clause (iii) by striking ``and'' at the end; - (2) in clause (iv) by adding ``and'' at the end; and - (3) by adding at the end the following: - ``(v) attract, retain, or advance the - direct care workforce, in consultation with the - Assistant Secretary, providing for wages and - benefits needed to reduce barriers to entry for - a diverse and high-quality direct care - workforce, supportive services and career - planning, and paid on-the-job training or work- - based learning, with appropriate safety - training;''. - -SEC. 121. NATIONAL RESOURCE CENTER FOR OLDER INDIVIDUALS EXPERIENCING - THE LONG-TERM AND ADVERSE CONSEQUENCES OF TRAUMA. - - Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. -3032(a), as amended by sections 111, 117, and 120, is amended-- - (1) in paragraph (17) by striking ``and'' at the end; - (2) in paragraph (18) by striking the period at the end; - and - (3) by adding at the end the following: - ``(19) the establishment and operation of a national - resource center that shall-- - ``(A) provide training and technical assistance to - agencies in the aging network delivering services to - older individuals experiencing the long-term and - adverse consequences of trauma; - ``(B) share best practices with the aging network; - and - ``(C) make subgrants to the agencies best - positioned to advance and improve the delivery of - person-centered, trauma-informed services for older - individuals experiencing the long-term and adverse - consequences of trauma.''. - -SEC. 122. NATIONAL RESOURCE CENTER FOR WOMEN AND RETIREMENT. - - Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012), as -amended by sections 103 and 115, is amended by adding at the end the -following: - ``(j)(1) The Assistant Secretary shall, directly or by grant or -contract, operate the National Resource Center for Women and Retirement -(in this subsection referred to as the `Center'). - ``(2) The Center shall-- - ``(A) provide basic financial management, retirement - planning, and other educational tools that promote financial - wellness and help to identify and prevent fraud and elder - exploitation, and integrate these with information on health - and long-term care; - ``(B) annually disseminate a summary of outreach provided, - including work to provide user-friendly consumer information - and public education materials; - ``(C) develop targeted outreach strategies; - ``(D) provide technical assistance to State agencies and to - other public and nonprofit private agencies and organizations; +in age-friendly communities (as defined, for purposes of this +subparagraph, in section 203(c)(9)) regarding-- + ``(i) dissemination of, or consideration of ways to implement, + best practices and recommendations from the Interagency + Coordinating Committee on Healthy Aging and Age-Friendly + Communities established under section 203(c); and + ``(ii) methods for managing and coordinating existing programs + to meet the needs of growing age-friendly communities.''. + SEC. 125. PROFESSIONAL STANDARDS FOR A NUTRITION OFFICIAL UNDER THE + ASSISTANT SECRETARY. + Section 205(a)(2)(D)(ii) (42 U.S.C. 3016(a)(2)(D)(ii)), as +redesignated by section 124(c)(1), is amended to read as follows: + ``(ii) be a registered dietitian or registered dietitian + nutritionist.''. + SEC. 126. REPORT ON SOCIAL ISOLATION. + (a) Preparation of Report.-- + (1) In general.--The Secretary shall, in carrying out + activities under section 206(a) of the Older Americans Act of 1965 + (42 U.S.C. 3017(a)), prepare a report on programs authorized by + such Act (42 U.S.C. 3001 et seq.), and supported or funded by the + Administration on Aging, that include a focus on addressing the + negative health effects associated with social isolation through + targeting older individuals identified as being in greatest social + need, as appropriate. + (2) Impact.--Such report shall identify-- + (A) whether social isolation is being adequately addressed + under such programs, including, to the extent practicable-- + (i) the prevalence of social isolation in rural areas + and in urban areas; + (ii) the negative public health effects associated with + social isolation; and + (iii) the role of preventive measures or of services, + including nutrition services, in addressing the negative + health effects associated with social isolation among older + individuals; and + (B) public awareness of and efforts to address the negative + health effects associated with social isolation. + (3) Types of programs.--Such report shall identify whether + programs described in paragraph (1)-- + (A) support projects in local communities and involve + diverse sectors associated with such communities to decrease + the negative health effects associated with social isolation + among older individuals and caregivers; + (B) support outreach activities to screen older individuals + for negative health effects associated with social isolation; and - ``(E) develop partnerships and collaborations to address - program objectives.''. - -SEC. 123. DEFINITION. - - Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is -amended-- - (1) by redesignating paragraphs (41) through (54) as - paragraphs (42) through (55); and - (2) by inserting after paragraph (40) the following: - ``(41) The term `person-centered, trauma-informed' when - used with respect to services means services provided through - an aging program that-- - ``(A) use a holistic approach to providing - services; - ``(B) promote the dignity, strength and empowerment - of victims of trauma; and - ``(C) incorporate research-based practices based on - knowledge about the role of trauma in trauma victims' - lives.''. - -SEC. 124. REVIEW OF REPORTS. - - Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. -3028(b)) is amended by inserting at the end the following: - ``(8) The Assistant Secretary shall review the reports - submitted under section 307(a)(31) and include aggregate data - in the report required by section 207(a), including data on-- - ``(A) the effectiveness of the programs, policies, - and services provided by area agencies on aging in - assisting individuals whose needs were the focus of all - centers funded under title IV in fiscal year 2019; and - ``(B) outreach efforts and other activities carried - out to satisfy the assurances described in paragraphs - (18) and (19) of section 306(a), to identify such older - individuals and their service needs.''. - -SEC. 125. AREA PLANS. - - Section 306(a)(4) of the Older Americans Act of 1965 (42 U.S.C. -3026(a)(4)) is amended in subparagraph (B)(i)(VII) by inserting ``, -specifically including survivors of the Holocaust'' after -``placement''. - -SEC. 126. ADDRESSING CHRONIC PAIN MANAGEMENT. - - Section 102(14)(D) of the Older Americans Act of 1965 (42 U.S.C. -3002(14)) is amended by inserting ``chronic pain management,'' after -``substance abuse reduction,''. - -SEC. 127. EXTENSION OF THE SUPPORTING GRANDPARENTS RAISING - GRANDCHILDREN ACT. - - Section 3(f) of the Supporting Grandparents Raising Grandchildren -Act (Public Law 115-196) is amended by striking ``3'' and inserting -``4''. - -SEC. 128. SCREENING FOR SUICIDE RISK. - - Section 102(14)(G) of the Older Americans Act of 1965 (42 U.S.C. -3002(14)(G)) is amended by inserting ``and screening for suicide risk'' -after ``depression''. - -SEC. 129. TRAUMATIC BRAIN INJURY. - - (a) Section 102 of the Older Americans Act of 1965 (42 U.S.C. -3002), as amended by section 113, is amended-- - (1) in paragraph (14)-- - (A) in paragraph (M) by striking ``(L)'' and - inserting ``(M)''; - (B) by redesignating subparagraphs (H) through (M) - as subparagraphs (I) through (N), respectively; and - (C) by inserting after subparagraph (G) the - following: - ``(H) screening for fall-related traumatic brain - injury; coordination of treatment, rehabilitation, and - related services; and referral services;''; and - (2) by adding at the end the following: - ``(56) The term `traumatic brain injury' has the meaning - given to it in section 339B(d) of the Public Health Service - Act.''. - (b) Section 321(a)(8) of the Older Americans Act of 1965 (42 -U.S.C.3030d(a)(8)) is amended-- - (1) by striking ``screening and'' and inserting - ``screening, screening for negative health effects associated - with social isolation,''; and - (2) by striking ``screening)'' and inserting ``screening, - and traumatic brain injury screening)''. - (c) Section 411(a)(12) of the Older Americans Act of 1965 (42 -U.S.C. 3032(a)(12)) is amended-- - (1) by inserting ``dementia,'' after ``dysfunction,''; - (2) by striking ``and'' the 2d place it appears; and - (3) by inserting ``and traumatic brain injury'' before the - semicolon at the end. - -SEC. 130. ADDRESSING PUBLIC HEALTH EMERGENCIES AND EMERGING HEALTH - THREATS. - - Section 102(14) of the Older Americans Act of 1965 (42 U.S.C. -3002(14)), as amended by sections 113 and 129, is amended-- - (1) in subparagraph (M) by striking ``and'' at the end; - (2) in subparagraph (N) by striking ``(M)'' and inserting - ``(N)''; - (3) by redesignating subparagraphs (K), (L), (M), and (N) - as subparagraphs (L), (M), (N), and (O) respectively; and - (4) by inserting after subparagraph (J) the following: - ``(K) responses to public health emergencies and - emerging health threats;''. - -SEC. 131. PREVENTION OF SEXUALLY TRANSMITTED DISEASES. - - Section 102(14)(D) of the Older Americans Act of 1965 (42 U.S.C. -3002(14)(D)), as amended by section 102, is amended by inserting -``prevention of sexually transmitted disease,'' after ``disease)''. - -SEC. 132. AGING AND DISABILITY RESOURCE CENTER. - - Section 102(4) of the Older Americans Act of 1965 (42 U.S.C. -3002(4)) is amended-- - (1) in the matter preceding subparagraph (A), by inserting - ``, in collaboration with (as appropriate) area agencies on - aging, centers for independent living (as described in part C - of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f - et seq.)), and other aging or disability entities'' after - ``provides''; - (2) in subparagraph (B)-- - (A) by inserting ``services, supports, and'' after - ``plan for long-term''; and - (B) by inserting ``and choices'' after ``desires''; - and - (3) in subparagraph (D) by striking ``(29 U.S.C. 796f et - seq.), and other community-based entities,'' and inserting ``, - and other community-based entities, including other aging or - disability entities''. - - TITLE II--EMPOWERING THE AGING NETWORK TO MEET THE NEEDS OF OLDER - INDIVIDUALS - -SEC. 201. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM CAP. - - (a) Federal Share.--Section 373(g)(2) of the Older Americans Act of -1965 (42 U.S.C. 3030s-1(g)(2)) is amended by striking subparagraph (C). - (b) Monitoring the Impact of the Elimination of the Cap on Funds -for Older Relative Caregivers.-- - (1) Report.--Not later than 18 months after the date of the - enactment of this Act, and annually thereafter, the Assistant - Secretary shall submit to the Committee on Education and Labor - of the House of Representatives and the Committee on Health, - Education, Labor, and Pensions of the Senate a report on the - impact of the amendment made by subsection (a) to eliminate the - limitation on funds that States may allocate to provide support - services to older relative caregivers in the National Family - Caregiver Support Program established under part E of title III - of the Older Americans Act of 1965 (42 U.S.C. 3030s--3030s-2). - Each such report shall also be made available to the public. - (2) Contents.--For purposes of reports required by - paragraph (1), each State that receives an allotment under such - National Family Caregiver Support Program for fiscal year 2020 - or a subsequent fiscal year shall report to the Assistant - Secretary for the fiscal year involved the amount of funds of - the total Federal and non-Federal share allotment used by the - State to provide support services for caregiver support for - older relative caregivers and family caregivers. - -SEC. 202. MINIMUM FUNDING LEVEL FOR STATE ADMINISTRATIVE EXPENSES. - - Section 308(b)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. -3028(b)(2)(B)) is amended by striking ``$500,000'' and inserting -``$750,000''. - -SEC. 203. CULTURALLY-APPROPRIATE, MEDICALLY-TAILORED MEALS. - - Section 339(2)(A) of the Older Americans Act of 1965 (42 U.S.C. -3939h(2)(A)) is amended by inserting ``, including cultural -considerations and preferences (including needs based on religious, -cultural, or ethnic requirements) and medically tailored meals'' before -the comma at the end. - -SEC. 204. BUSINESS ACUMEN PROVISIONS AND CLARIFICATION REGARDING - OUTSIDE FUNDING FOR AREA AGENCIES ON AGING. - - (a) Assistance Relating to Growing and Sustaining Capacity.-- -Section 202(b)(9) of the Older Americans Act of 1965 (42 U.S.C. -3012(b)(9)) is amended-- - (1) in subparagraph (A) by striking ``and'' after the - semicolon at the end; - (2) in subparagraph (B) by inserting ``and'' after the - semicolon at the end; and - (3) by adding at the end the following: - ``(C) business acumen, capacity building, - organizational development, innovation, and other - methods of growing and sustaining the capacity of the - aging network to serve older individuals and caregivers - most effectively;''. - (b) Clarifying Partnerships for Area Agencies on Aging.--Section -306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended by -adding at the end the following: - ``(g) Nothing in this Act shall restrict an area agency on aging -from providing services not provided or authorized by this Act, -including through-- - ``(1) contracts with health care payers; - ``(2) consumer private pay programs; or - ``(3) other arrangements with entities or individuals that - increase the availability of home and community-based services - and supports in the planning and service area supported by the - area agency on aging.''. - -SEC. 205. OTHER PRACTICES. - - Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) -is amended by adding at the end the following: - ``(e) Response to Area Agencies on Aging.--Upon request from an -area agency on aging, the State shall make available any policies or -guidance pertaining to policies under this section.''. - -SEC. 206. CAREGIVER ASSESSMENTS. - - (a) Definition of Caregiver Assessment.--Section 372(a) of the -Older Americans Act of 1965 (42 U.S.C. 3030s(a)) is amended by adding -at the end the following: - ``(4) Caregiver assessment.--The term `caregiver - assessment' means a systematic process of gathering information - about the situation of a caregiver who voluntarily participates - in such process, which may include contact through a home - visit, the Internet, telephone or teleconference, or in-person - interaction, to identify the caregiver's specific needs, - barriers, and existing supports as identified by the caregiver - that-- - ``(A) provides the opportunity for the recognized - caregiver to participate in such process; - ``(B) requires direct contact with the caregiver - and is used to appropriately target and tailor support - services to the caregiver's unique needs; and - ``(C) includes reassessment of such specific needs, - barriers, and existing supports, including to - accommodate a significant change in the caregiving - situation, which shall occur on a voluntary basis with - the consent of the caregiver.''. - (b) Use of Caregiver Assessments.--Section 373(b) of the Older -Americans Act of 1965 (42 U.S.C. 3030s-1(b)) is amended by inserting -``may be informed through the use of caregiver assessments and'' after -``with,''. - (c) Technical Assistance for Caregiver Assessments.--Section 373 of -the Older Americans Act of 1965 (42 U.S.C. 3030s-1) is amended by -adding at the end the following: - ``(h) Technical Assistance for Caregiver Assessments.--Not later -than 1 year after the effective date of this subsection, the Assistant -Secretary, in consultation with caregivers, older individuals, -individuals with a disability who receive care from an older relative -caregiver, the aging network, and other experts and stakeholders, shall -provide technical assistance to promote and implement the use of -caregiver assessments. Such technical assistance shall include sharing -available tools and templates, comprehensive assessment protocols, and -best practices concerning-- - ``(1) conducting caregiver assessments and reassessments; - ``(2) implementing such assessments that are consistent - across a planning and service area; and - ``(3) implementing caregiver support service plans, - including referrals to and coordination of activities with - relevant State and local services.''. - (d) Reporting on Caregiver Assessment.--Section 373(e) of the Older -Americans Act of 1965 (42 U.S.C. 3030s-1(e)) is amended-- - (1) in paragraph (3) by inserting ``, including caregiver - assessments used in the State,'' after ``mechanisms'' the 1st - place it appears; and - (2) by adding at the end the following: - ``(4) Report on caregiver assessments.-- - ``(A) In general.--Not later than 3 years after the - effective date of this paragraph, the Assistant - Secretary shall issue a report on the use of caregiver - assessments by area agencies on aging, entities - contracting with such agencies, and organizations. Such - report shall include-- - ``(i) an analysis of the current use of - caregiver assessments, including a repository - of caregiver assessment tools or templates and - comprehensive assessment protocols; - ``(ii) using objective data, an analysis of - the impact of caregiver assessments on-- - ``(I) family caregivers and older - relative caregivers; and - ``(II) the individuals to whom the - caregivers described in subclause (I) - provide care; - ``(iii) an analysis of the impact of using - caregiver assessments on the aging network; - ``(iv) an analysis of how caregiver - assessments are being used to identify the - specific needs, barriers, and existing supports - of family caregivers and older relative - caregivers; - ``(v) recommendations for using caregiver - assessments, including in rural or underserved - areas; and - ``(vi) feedback from State agencies and - area agencies on aging, particularly in rural - or underserved areas, on the implementation of - caregiver assessments. - ``(B) Submission.--Not later than 6 months after - the issuance of the report under subparagraph (A), the - Assistant Secretary shall submit the report to the - Committee on Education and Labor of the House of - Representatives, the Committee on Health, Education, - Labor, and Pensions of the Senate, and the Special - Committee on Aging of the Senate.''. - -SEC. 207. RESEARCH AND EVALUATION. - - Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is -amended by adding at the end the following: - ``(g)(1) The Assistant Secretary shall coordinate the research and -evaluation functions of this Act under a National Research, + (C) include a focus on decreasing the negative health + effects associated with social isolation. + (4) Recommendations.--Such report shall, as appropriate, + include recommendations for reducing the negative health effects + associated with social isolation and to address any negative health + effects identified under clauses (ii) and (iii) of subparagraph + (A), and subparagraph (B), of paragraph (2). + (b) Submission of Report.-- + (1) Interim status report.--Not later than 2 years after the + date of enactment of this Act, the Secretary shall submit an + interim report, to the committees of the Senate and of the House of + Representatives with jurisdiction over the Older Americans Act of + 1965 (42 U.S.C. 3001 et seq.), and the Special Committee on Aging + of the Senate, on the status of the evaluation underway to develop + the final report required under this section. + (2) Final report.--Not later than 5 years after the date of + enactment of this Act, the Secretary shall submit a final report + that meets the requirements of this section to the committees of + the Senate and of the House of Representatives with jurisdiction + over the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), and + the Special Committee on Aging of the Senate. + SEC. 127. RESEARCH AND EVALUATION. + (a) Center.--Section 201 (42 U.S.C. 3011) is amended by adding at +the end the following: + ``(g)(1) The Assistant Secretary shall, as appropriate, coordinate +the research and evaluation functions of this Act under a Research, Demonstration, and Evaluation Center for the Aging Network (in this subsection referred to as the `Center'), which shall be headed by a director designated by the Assistant Secretary from individuals described in paragraph (4). ``(2) The purpose of the Center shall be-- - ``(A) to coordinate research, research dissemination, - evaluation, demonstration projects, and related activities - carried out under this Act; - ``(B) to provide assessment of the programs authorized - under this Act; and - ``(C) to increase the repository of information on - evidence-based programs and interventions available to the - aging network. Such information shall be applicable to existing - programs and help in the development of new evidence-based - programs and interventions. - ``(3) Activities of the Center shall include conducting, promoting, -coordinating, and providing support for-- - ``(A) research and evaluation activities that support the - objectives of this Act, including-- - ``(i) evaluation of new and existing programs and - interventions authorized by this Act; and - ``(ii) research on and assessment of the - relationship between programs and interventions under - this Act and the health outcomes, social determinants - of health, quality of life, health care savings - (including to the Medicare program under title XVIII of - the Social Security Act and the Medicaid program under - title XIX of such Act as practicable), and independence - of individuals served under this Act; - ``(B) demonstration projects that support the objectives of - the Act and activities to bring effective demonstration - projects to scale with a prioritization of projects that - address the needs of underserved populations; - ``(C) outreach and dissemination of research findings; and - ``(D) technical assistance related to the activities - described in this subparagraph. + ``(A) to coordinate, as appropriate, research, research + dissemination, evaluation, demonstration projects, and related + activities carried out under this Act; + ``(B) to provide assessment of the programs and interventions + authorized under this Act; and + ``(C) to increase the repository of information on evidence- + based programs and interventions available to the aging network, + which information shall be applicable to existing programs and + interventions and help in the development of new evidence-based + programs and interventions. + ``(3) Activities of the Center shall include, as appropriate, +conducting, promoting, coordinating, and providing support for-- + ``(A) research and evaluation activities that support the + objectives of this Act, including-- + ``(i) evaluation of new and existing programs and + interventions authorized by this Act; and + ``(ii) research on and assessment of the relationship + between programs and interventions under this Act and the + health outcomes, social determinants of health, quality of + life, and independence of individuals served under this Act; + ``(B) demonstration projects that support the objectives of + this Act, including activities to bring effective demonstration + projects to scale with a prioritization of projects that address + the needs of underserved populations, and promote partnerships + among aging services, community-based organizations, and Medicare + and Medicaid providers, plans, and health (including public health) + systems; + ``(C) outreach and dissemination of research findings; and + ``(D) technical assistance related to the activities described + in this paragraph. ``(4) The director shall be an individual with substantial knowledge of and experience in aging and health policy, and research administration. ``(5) Not later than October 1, 2020, and at 5-year intervals thereafter, the director shall prepare and publish in the Federal Register for public comment a draft of a 5-year plan that-- - ``(A) outlines priorities for research, research - dissemination, evaluation, and related activities; - ``(B) explains the basis for such priorities; and - ``(C) describes how the plan will meet the needs of - underserved populations. - ``(6) The director shall coordinate research, research -dissemination, evaluation, and demonstration projects, and related -activities with appropriate agency program staff, and, as appropriate, -coordinate with other Federal departments and agencies involved in + ``(A) outlines priorities for research, research dissemination, + evaluation, demonstration projects, and related activities; + ``(B) explains the basis for such priorities; and + ``(C) describes how the plan will meet the needs of underserved + populations. + ``(6) The director shall coordinate, as appropriate, research, +research dissemination, evaluation, and demonstration projects, and +related activities with appropriate agency program staff, and, as +appropriate, with other Federal departments and agencies involved in research in the field of aging. ``(7) Not later than December 31, 2020, and annually thereafter, the director shall prepare, and submit to the Secretary, the Committee @@ -1007,540 +748,963 @@ funded under this section and title IV. aging research and evaluation and aging network stakeholders on the implementation of the activities described under paragraph (3) of this subsection. - ``(9) The director shall coordinate all research and evaluation -authorities under this Act.''. - -SEC. 208. GRANT PROGRAM FOR MULTIGENERATIONAL COLLABORATION. - - Section 417 of the Older Americans Act of 1965 (42 U.S.C. 3032f) is -amended-- - (1) by amending subsection (a) to read as follows: - ``(a) Grants and Contracts.--The Assistant Secretary shall award -grants to, and enter into contracts with, eligible organizations to -carry out projects-- - ``(1) to provide opportunities for older individuals to - participate in multigenerational activities and civic - engagement activities that contribute to the health and - wellness of older individuals and individuals in younger - generations by developing-- - ``(A) meaningful roles for participants; - ``(B) reciprocity in relationship building; - ``(C) reduced social isolation and improved - participant social connectedness; - ``(D) improved economic well-being for older - individuals; - ``(E) increased lifelong learning; or - ``(F) support for older relative caregivers by-- - ``(i) providing support for older relative - caregivers (as defined in section 372) raising - children (such as kinship navigator programs); - or - ``(ii) involving volunteers who are older - individuals who provide support and information - to families who have a child with a disability - or chronic illness, or other families in need - of such family support; - ``(2) to coordinate multigenerational activities and civic - engagement activities, including multigenerational nutrition - and meal service programs; - ``(3) to promote volunteerism, including becoming a mentor - to young people; and - ``(4) to facilitate development of and participation in - multigenerational activities and civic engagement - activities.''; - (2) by amending subsection (b) to read as follows: - ``(b) Use of Funds.-- - ``(1) In general.--An eligible organization shall use funds - made available under a grant awarded, or a contract entered - into, under this section to carry out a project described in - subsection (a). - ``(2) Provision of projects through grantees.--In making - grants under this section, the Assistant Secretary shall ensure - that awards are made for the activities and projects described - in each of paragraphs (1) and (2) of subsection (a).''; - (3) in subsection (c)-- - (A) in the matter preceding paragraph (1), by - inserting ``that serves individuals in younger - generations and older individuals'' after ``to carry - out a project''; - (B) in paragraph (1) by inserting ``, intent to - carry out, or intent to partner with local - organizations or multiservice organizations to carry - out,'' after ``record of carrying out''; - (C) in paragraph (3) by striking ``; and'' and - inserting a semicolon; - (D) in paragraph (4) by striking the period at the - end and inserting ``; and''; and - (E) by adding at the end the following: - ``(5) eligible organizations proposing multigenerational - activity projects that utilize shared site programs, such as - collocated child care and long-term care facilities.''; - (4) by amending subsection (e) to read as follows: - ``(e) Eligible Organizations.--Organizations eligible to receive a -grant or enter into a contract under subsection (a) shall-- - ``(1) be a State, an area agency on aging, or an - organization that provides opportunities for older individuals - to participate in activities described in such subsection; and - ``(2) have the capacity to conduct the coordination, - promotion, and facilitation described in such subsection - through the use of multigenerational coordinators.''; - (5) by striking subsection (g); - (6) in subsection (h)(2)(B)(i) by striking ``individuals - from the generations with older individuals'' and inserting - ``older individuals''; - (7) by redesignating subsections (b) through (f) as - subsections (c) through (g), respectively; and - (8) by inserting after subsection (a) the following: - ``(b) Grant Period.--Each grant awarded or contract made under -subsection (a) shall be to carry out projects for a period of not less -than 36 months.''. - - TITLE III--STRENGTHENING PROTECTIONS FOR OLDER INDIVIDUALS - -SEC. 301. STATE LONG-TERM CARE OMBUDSMAN PROGRAM MINIMUM FUNDING AND - MAINTENANCE OF EFFORT. - - The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is -amended-- - (1) by amending section 306(a)(9) to read as follows: - ``(9) provide assurances that-- - ``(A) the area agency on aging, in carrying out the - State Long-Term Care Ombudsman program under section - 307(a)(9), will expend not less than the total amount - of funds appropriated under this Act and expended by - the agency in fiscal year 2019 in carrying out such a - program under this title; and - ``(B) funds made available to area agencies on - aging pursuant to section 712 shall be used to - supplement and not supplant other Federal, State, and - local funds expended to support activities described in - section 712.''; and - (2) by amending section 307(a)(9) to read as follows: - ``(9) The plan shall provide assurances that-- - ``(A) the State agency will carry out, through the - Office of the State Long-Term Care Ombudsman, a State - Long-Term Care Ombudsman program in accordance with - section 712 and this title, and will expend for such - purpose an amount that is not less than an amount - expended by the State agency with funds received under - this title for fiscal year 2019, and an amount that is - not less than the amount expended by the State agency - with funds received under title VII for fiscal year - 2019; and - ``(B) funds made available to state agencies - pursuant to section 712 shall be used to supplement and - not supplant other Federal, State, and local funds - expended to support activities described in section - 712.''. - -SEC. 302. STATE LONG-TERM CARE VOLUNTEER OMBUDSMAN REPRESENTATIVES. - - Section 712(a)(5) of the Older Americans Act of 1965 (42 U.S.C. -3058g(a)(5)) is amended-- - (1) by redesignating subparagraph (D) as subparagraph (E); - and - (2) by inserting after subparagraph (C) the following: - ``(D) Volunteer ombudsman representatives.--An - individual designated as a volunteer ombudsman - representative may receive financial support and - recognition from the Office of the State Long-Term Care - Ombudsman Program for expenses incurred during - service.''. - -SEC. 303. CLARIFICATION REGARDING BOARD AND CARE FACILITIES. - - Section 102(35)(C) of the Older Americans Act of 1965 (42 U.S.C. -3002(35)(C)) is amended by striking ``for purposes of sections -307(a)(12) and 712,''. - -SEC. 304. REPORT ON LEGAL HOTLINES. - - Not later than 3 years after the date of the enactment of this Act, -the Assistant Secretary on Aging shall prepare and submit to the -Congress a report containing-- - (1) information on which States or localities operate - senior legal hotlines; - (2) information on how such hotlines operated by States or - localities are funded; - (3) information on the usefulness of senior legal hotlines - in the coordination and provision of legal assistance; and - (4) recommendations on additional actions that should be - taken related to senior legal hotlines. - -SEC. 305. COMMUNITY OUTREACH. - - Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. -3058i(b)(12)) is amended-- - (1) in subparagraph (C) by inserting ``community outreach - and education,'' after ``technical assistance''; and - (2) in subparagraph (F)-- - (A) by striking ``studying'' and inserting - ``implementing''; and - (B) by inserting ``, programs, and materials'' - after ``practices''. - -SEC. 306. PRINCIPLES FOR PERSON-DIRECTED SERVICES AND SUPPORTS DURING - SERIOUS ILLNESS. - - (a) Definitions.-- - (1) Administrator.--The term ``Administrator'' means the - Administrator of the Administration for Community Living. - (2) Area agency on aging; assistant secretary; state - agency.--The terms ``area agency on aging'', ``Assistant - Secretary'', and ``State agency'' have the meanings given the - terms in section 102 of the Older Americans Act of 1965 (42 - U.S.C. 3002). - (3) Covered agency.--The term ``covered agency'' means-- - (A) a State agency or area agency on aging; and - (B) a Federal agency other than the Department of - Health and Human Services, and a unit of that - Department other than the Administration on Aging, that - the Assistant Secretary determines performs functions - for which the principles are relevant, and the Centers - for Medicare & Medicaid Services. - (4) Principles.--The term ``principles'' means the - Principles for Person-directed Services and Supports during - Serious Illness, issued by the Administration on September 1, - 2017, or an updated set of such Principles. - (b) Dissemination.--The Administrator shall disseminate the -principles to appropriate stakeholders within the aging network, as -determined by the Assistant Secretary, and to covered agencies. The -covered agencies may use the principles in setting priorities for -service delivery and care plans in programs carried out by the -agencies. - (c) Feedback.--The Administrator shall solicit, on an ongoing -basis, feedback on the principles from covered agencies, experts in the -fields of aging and dementia, and stakeholders who provide or receive -disability services. - (d) Report.--Not less often than once, but not more often than -annually, during the 3 years after the date of the enactment of this -Act, the Administrator shall prepare and submit to Congress a report -describing the feedback received under subsection (c) and indicating if -any changes or updates are needed to the principles. - - TITLE IV--MEETING THE NEEDS OF OLDER NATIVE AMERICANS - -SEC. 401. EXPANDING SUPPORTIVE SERVICES FOR NATIVE AMERICAN AGING - PROGRAMS. - - Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et -seq.) is amended-- - (1) in part D-- - (A) by amending section 643 to read as follows: - -``SEC. 643. AUTHORIZATION OF APPROPRIATIONS. - - ``There are authorized to be appropriated to carry out this title-- - ``(1) for parts A and B, $38,524,324 for fiscal year 2020, - $40,835,783 for fiscal year 2021, $43,285,930 for fiscal year - 2022, $45,883,086 for fiscal year 2023, and $48,636,071 for - fiscal year 2024; and - ``(2) for part C subject to section 644, $10,785,575 for - fiscal year 2020, $11,432,710 for fiscal year 2021, $12,118,672 - for fiscal year 2022, $12,845,792 for fiscal year 2023, and - $13,616,540 for fiscal year 2024.''; and - (B) by adding at the end the following: - -``SEC. 644. FUNDING SET ASIDE. - - ``Of the funds appropriated under section 643(1) for a fiscal year, -not more than 5 percent shall be made available to carry out part D for -such fiscal year if for such fiscal year-- - ``(1) the funds appropriated for parts A and B are greater - than the funds appropriated for such parts for fiscal year - 2019; and - ``(2) the Assistant Secretary makes available for parts A - and B not less than the amount of resources made available for - fiscal year 2019.''; - (2) by redesignating part D as part E; and - (3) by inserting after part C the following: - - ``PART D--SUPPORTIVE SERVICES FOR HEALTHY AGING AND INDEPENDENCE - -``SEC. 636. PROGRAM. - - ``(a) In General.--The Assistant Secretary shall carry out a -competitive demonstration program for making grants to tribal or Native -Hawaiian organizations with applications approved under parts A and B, -to pay for the Federal share of carrying out programs, to enable the -organizations to build their capacity to provide a wider range of in- -home and community supportive services to enable older individuals to -maintain their health and independence and to avoid long-term care -facility placement. - ``(b) Supportive Services.-- - ``(1) In general.--Subject to paragraph (2), supportive - services described in subsection (a) may include any of the - activities described in section 321(a). - ``(2) Priority.--The Assistant Secretary, in making grants - under this section, shall give priority to organizations that - will use the grant funds for supportive services described in - subsection (a) that are for in-home assistance, transportation, - information and referral, case management, health and wellness - programs, legal services, family caregiver support services, - and other services that directly support the independence of - the older individuals served. - ``(c) Rule of Construction.--Nothing in this section shall be -construed or interpreted to prohibit the provision of supportive -services under part A or B.''. - -SEC. 402. ENHANCING CAPACITY TO SUPPORT NATIVE AMERICAN AGING PROGRAMS. - - Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et -seq.) is amended-- - (1) in section 201(c)(3)(H) by inserting ``to ensure - adequate capacity to deliver the services under such title, - which technical assistance programs may include program - management, data development and use, basic business skills, - grant development, program and service innovations, and staff - professional development and certification'' before the - semicolon at the end; and - (2) section 216 is amended to read as follows: - -``SEC. 216. AUTHORIZATION OF APPROPRIATIONS. - - ``(a) In General.--For purposes of carrying out this Act, there are -authorized to be appropriated for administration, salaries, and -expenses of the Administration $44,042,171 for fiscal year 2020, -$46,684,701 for fiscal year 2021, $49,485,783 for fiscal year 2022, -$52,454,930 for fiscal year 2023, and $55,602,226 for fiscal year 2024. - ``(b) Authorization of Appropriations for Programs.--There are -authorized to be appropriated-- - ``(1) to carry out section 201(g), $20,000,000 for each of - the fiscal years 2020 through 2024; - ``(2) to carry out section 202(a)(21) (relating to the - National Eldercare Locator Service), $2,186,227 for fiscal year - 2020, $2,317,401 for fiscal year 2021, $2,456,445 for fiscal - year 2022, $2,603,832 for fiscal year 2023, and $2,760,062 for - fiscal year 2024; - ``(3) to carry out sections 215 and 202(j), $1,992,460 for - fiscal year 2020, $2,112,008 for fiscal year 2021, $2,238,728 - for fiscal year 2022, $2,373,052 for fiscal year 2023, and - $2,515,435 for fiscal year 2024; - ``(4) to carry out section 202 (relating to Elder Rights - Support Activities under this title), $1,375,011 for fiscal - year 2020, $1,457,511 for fiscal year 2021, $1,544,962 for - fiscal year 2022, $1,637,660 for fiscal year 2023, and - $1,735,919 for fiscal year 2024; - ``(5) to carry out section 202(b) (relating to the Aging - and Disability Resource Centers), $8,708,043 for fiscal year - 2020, $9,230,526 for fiscal year 2021, $9,784,357 for fiscal - year 2022, $10,371,419 for fiscal year 2023, and $10,993,704 - for fiscal year 2024; and - ``(6) to carry out section 201(c)(3)(H) (relating to - professional development and technical assistance for programs - under title VI), $500,000 for fiscal year 2021.''. - - TITLE V--MISCELLANEOUS - -SEC. 501. TECHNICAL CORRECTIONS. - - The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is -amended-- - (1) in section 102(37)(A) by striking ``paragraph (5)'' and - inserting ``paragraph (26)''; - (2) in section 202(a)(23) by striking ``sections 307(a)(18) - and 731(b)(2)'' and inserting ``sections 307(a)(13) and 731''; - (3) in section 202(e)(1)(A) by moving the left margin of - clause (i) 2 ems to the left; - (4) in sections 203(c)(7), 207(b)(2)(B), and 215(i) by - striking ``Committee on Education and the Workforce'' and - inserting ``Committee on Education and Labor''; - (5) in section 207(b)(3)(A) by striking ``Administrator of - the Health Care Finance Administration'' and inserting - ``Administrator of the Centers for Medicare and Medicaid - Services''; - (6) in section 304(a)(3)(C) by striking ``term'' and all - that follows through ``does'', and inserting ``term `State' - does''; - (7) in section 304(d)(1)(B) by striking ``(excluding'' and - all that follows through ``303(a)(3))''; - (8) in section 306(a)-- - (A) by inserting ``the number of older individuals - at risk for institutional placement residing in such - area,'' after ``areas) residing in such area,'' the - last place it appears; and - (B) in paragraph (2) by striking ``who are victims - of'' and inserting ``with''; - (9) in section 339 by striking ``Institute of Medicine of - the National Academy of Sciences'' and inserting ``National - Academies of Sciences, Engineering, and Medicine''; - (10) in section 611 by striking ``(a)''; and - (11) in section 614(c)(4) by striking ``(a)(12)'' and - inserting ``(a)(11)''. - -SEC. 502. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS. - - (a) Authorization of Appropriations; Uses of Funds.--Section 303 of -the Older Americans Act of 1965 (42 U.S.C. 3023) is amended to read as + ``(9) The director shall coordinate, as appropriate, all research +and evaluation authorities under this Act.''. + (b) Evaluation.--Section 206 (42 U.S.C. 3017) is amended-- + (1) by redesignating subsections (b) through (g) as subsections + (c) through (h), respectively; and + (2) by inserting after subsection (a) the following: + ``(b) Not later than July 1, 2020, the Secretary shall provide, +directly or through grant or contract, for an evaluation of programs +under this Act, which shall include, to the extent practicable, an +analysis of the relationship of such programs, including demonstration +projects under title IV of this Act, to health care expenditures under +the Medicare program established under title XVIII of the Social +Security Act (42 U.S.C. 1395 et seq.) and the Medicaid program +established under title XIX of the Social Security Act (42 U.S.C. 1396 +et seq.). The Secretary shall oversee analyses of data obtained in +connection with program evaluation to evaluate, where feasible, the +relationship of programs under this Act to health care expenditures, +including under the Medicare and Medicaid programs.''. + (c) Report on Health Care Expenditures.--Section 207 (42 U.S.C. +3018) is amended by adding at the end the following: + ``(d) The Assistant Secretary shall provide the evaluation required +under section 206(b) to-- + ``(1) the Committee on Health, Education, Labor, and Pensions + of the Senate; + ``(2) the Committee on Appropriations of the Senate; + ``(3) the Special Committee on Aging of the Senate; + ``(4) the Committee on Education and Labor of the House of + Representatives; and + ``(5) the Committee on Appropriations of the House of + Representatives.''. + + TITLE II--IMPROVING GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING + + SEC. 201. SOCIAL DETERMINANTS OF HEALTH. + Section 301(a)(1) (42 U.S.C. 3021(a)(1)) is amended-- + (1) in subparagraph (C), by striking ``and'' at the end; + (2) in subparagraph (D), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(E) measure impacts related to social determinants of + health of older individuals.''. + SEC. 202. YOUNGER ONSET ALZHEIMER'S DISEASE. + The Act (42 U.S.C. 3001 et seq.) is amended-- + (1) in section 302(3) (42 U.S.C. 3022(3)), by inserting ``of + any age'' after ``an individual''; and + (2) in section 711(6) (42 U.S.C. 3058f(6)), by inserting ``of + any age'' after ``individual''. + SEC. 203. REAUTHORIZATION. + (a) Grants for State and Community Programs on Aging.--Subsections +(a) through (e) of section 303 (42 U.S.C. 3023) are amended to read as follows: - -``SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS. - ``(a)(1) There are authorized to be appropriated to carry out part -B (relating to supportive services) $413,011,586 for fiscal year 2020, -$437,792,281 for fiscal year 2021, $464,059,818 for fiscal year 2022, -$491,903,407 for fiscal year 2023, and $521,417,612 for fiscal year +B (relating to supportive services) $412,029,180 for fiscal year 2020, +$436,750,931 for fiscal year 2021, $462,955,987 for fiscal year 2022, +$490,733,346 for fiscal year 2023, and $520,177,347 for fiscal year 2024. ``(2) Funds appropriated under paragraph (1) shall be available to carry out section 712. ``(b)(1) There are authorized to be appropriated to carry out subpart 1 of part C (relating to congregate nutrition services) -$531,279,663 for fiscal year 2020, $563,156,443 for fiscal year 2021, -$596,945,830 for fiscal year 2022, $632,762,580 for fiscal year 2023, -and $670,728,334 for fiscal year 2024. +$530,015,940 for fiscal year 2020, $561,816,896 for fiscal year 2021, +$595,525,910 for fiscal year 2022, $631,257,465 for fiscal year 2023, +and $669,132,913 for fiscal year 2024. ``(2) There are authorized to be appropriated to carry out subpart 2 of part C (relating to home delivered nutrition services) -$269,577,167 for fiscal year 2020, $285,751,797 for fiscal year 2021, -$302,896,905 for fiscal year 2022, $321,070,719 for fiscal year 2023, -and $340,334,963 for fiscal year 2024. +$268,935,940 for fiscal year 2020, $285,072,096 for fiscal year 2021, +$302,176,422 for fiscal year 2022, $320,307,008 for fiscal year 2023, +and $339,525,428 for fiscal year 2024. ``(c) Grants made under part B, and subparts 1 and 2 of part C, of this title may be used for paying part of the cost of-- - ``(1) the administration of area plans by area agencies on - aging designated under section 305(a)(2)(A), including the - preparation of area plans on aging consistent with section 306 - and the evaluation of activities carried out under such plans; - and - ``(2) the development of comprehensive and coordinated - systems for supportive services, congregate and home delivered - nutrition services under subparts 1 and 2 of part C, the - development and operation of multipurpose senior centers, and - the delivery of legal assistance. + ``(1) the administration of area plans by area agencies on + aging designated under section 305(a)(2)(A), including the + preparation of area plans on aging consistent with section 306 and + the evaluation of activities carried out under such plans; and + ``(2) the development of comprehensive and coordinated systems + for supportive services, and congregate and home delivered + nutrition services under subparts 1 and 2 of part C, the + development and operation of multipurpose senior centers, and the + delivery of legal assistance. ``(d) There are authorized to be appropriated to carry out part D (relating to disease prevention and health promotion services) -$26,650,753 for fiscal year 2020, $28,249,798 for fiscal year 2021, -$29,944,786 for fiscal year 2022, $31,741,473 for fiscal year 2023, and -$33,645,961 for fiscal year 2024. +$26,587,360 for fiscal year 2020, $28,182,602 for fiscal year 2021, +$29,873,558 for fiscal year 2022, $31,665,971 for fiscal year 2023, and +$33,565,929 for fiscal year 2024. ``(e) There are authorized to be appropriated to carry out part E -(relating to family caregiver support) $194,331,264 for fiscal year -2020, $205,991,140 for fiscal year 2021, $218,350,609 for fiscal year -2022, $231,451,645 for fiscal year 2023, and $245,338,744 for fiscal +(relating to family caregiver support) $193,869,020 for fiscal year +2020, $205,501,161 for fiscal year 2021, $217,831,231 for fiscal year +2022, $230,901,105 for fiscal year 2023, and $244,755,171 for fiscal year 2024.''. - (b) Section 311(e) of the Older Americans Act of 1965 (42 U.S.C. -3030a(e)) is amended to read as follows: + (b) Nutrition Services Incentive Program.--Section 311(e) (42 +U.S.C. 3030a(e)) is amended to read as follows: ``(e) There are authorized to be appropriated to carry out this -section (other than subsection (c)(1)) $171,682,200 for fiscal year -2020, $181,983,132 for fiscal year 2021, $192,902,120 for fiscal year -2022, $204,476,247 for fiscal year 2023, and $216,744,822 for fiscal +section (other than subsection (c)(1)) $171,273,830 for fiscal year +2020, $181,550,260 for fiscal year 2021, $192,443,275 for fiscal year +2022, $203,989,872 for fiscal year 2023, and $216,229,264 for fiscal year 2024.''. - (c) Section 411(b) of the Older Americans Act of 1965 (42 U.S.C. -3032(b)) is amended to read as follows: + SEC. 204. HOLD HARMLESS FORMULA. + (a) In General.--Section 304(a)(3)(D) (42 U.S.C. 3024(a)(3)(D)) is +amended to read as follows: + ``(D)(i) In this subparagraph and paragraph (5)-- + ``(I) the term `allot' means allot under this + subsection from a sum appropriated under section 303(a) or + 303(b)(1), as the case may be; and + ``(II) the term `covered fiscal year' means any of + fiscal years 2020 through 2029. + ``(ii) If the sum appropriated under section 303(a) or + 303(b)(1) for a particular covered fiscal year is less than or + equal to the sum appropriated under section 303(a) or + 303(b)(1), respectively, for fiscal year 2019, amounts shall be + allotted to States from the sum appropriated for the particular + year in accordance with paragraphs (1) and (2), and + subparagraphs (A) through (C) as applicable, but no State shall + be allotted an amount that is less than-- + ``(I) for fiscal year 2020, 99.75 percent of the + State's allotment from the corresponding sum appropriated + for fiscal year 2019; + ``(II) for fiscal year 2021, 99.50 percent of that + allotment; + ``(III) for fiscal year 2022, 99.25 percent of that + allotment; + ``(IV) for fiscal year 2023, 99.00 percent of that + allotment; + ``(V) for fiscal year 2024, 98.75 percent of that + allotment; + ``(VI) for fiscal year 2025, 98.50 percent of that + allotment; + ``(VII) for fiscal year 2026, 98.25 percent of that + allotment; + ``(VIII) for fiscal year 2027, 98.00 percent of that + allotment; + ``(IX) for fiscal year 2028, 97.75 percent of that + allotment; and + ``(X) for fiscal year 2029, 97.50 percent of that + allotment. + ``(iii) If the sum appropriated under section 303(a) or + 303(b)(1) for a particular covered fiscal year is greater than + the sum appropriated under section 303(a) or 303(b)(1), + respectively, for fiscal year 2019, the allotments to States + from the sum appropriated for the particular year shall be + calculated as follows: + ``(I) From the portion equal to the corresponding sum + appropriated for fiscal year 2019, amounts shall be + allotted in accordance with paragraphs (1) and (2), and + subparagraphs (A) through (C) as applicable, but no State + shall be allotted an amount that is less than the + percentage specified in clause (ii), for that particular + year, of the State's allotment from the corresponding sum + appropriated for fiscal year 2019. + ``(II) From the remainder, amounts shall be allotted in + accordance with paragraph (1), subparagraphs (A) through + (C) as applicable, and paragraph (2) to the extent needed + to meet the requirements of those subparagraphs.''. + (b) Repeal.--Section 304(a)(3)(D) (42 U.S.C. 3024(a)(3)(D)) is +repealed, effective October 1, 2029. + (c) Conforming Amendment.--Section 304(a)(5) (42 U.S.C. 3024(a)(5)) +is amended by striking ``of the prior year'' and inserting ``as +required by paragraph (3)''. + SEC. 205. OUTREACH EFFORTS. + Section 306(a)(4)(B) (42 U.S.C. 3026(a)(4)(B)) is amended-- + (1) in clause (i)(VII), by inserting ``, specifically including + survivors of the Holocaust'' after ``placement''; and + (2) in clause (ii), by striking ``(VI)'' and inserting + ``(VII)''. + SEC. 206. STATE LONG-TERM CARE OMBUDSMAN PROGRAM MINIMUM FUNDING + AND MAINTENANCE OF EFFORT. + The Act (42 U.S.C. 3001 et seq.) is amended-- + (1) by amending section 306(a)(9) (42 U.S.C. 3026(a)(9)) to + read as follows: + ``(9) provide assurances that-- + ``(A) the area agency on aging, in carrying out the State + Long-Term Care Ombudsman program under section 307(a)(9), will + expend not less than the total amount of funds appropriated + under this Act and expended by the agency in fiscal year 2019 + in carrying out such a program under this title; and + ``(B) funds made available to the area agency on aging + pursuant to section 712 shall be used to supplement and not + supplant other Federal, State, and local funds expended to + support activities described in section 712;''; and + (2) by amending section 307(a)(9) (42 U.S.C. 3027(a)(9)) to + read as follows: + ``(9) The plan shall provide assurances that-- + ``(A) the State agency will carry out, through the Office + of the State Long-Term Care Ombudsman, a State Long-Term Care + Ombudsman program in accordance with section 712 and this + title, and will expend for such purpose an amount that is not + less than the amount expended by the State agency with funds + received under this title for fiscal year 2019, and an amount + that is not less than the amount expended by the State agency + with funds received under title VII for fiscal year 2019; and + ``(B) funds made available to the State agency pursuant to + section 712 shall be used to supplement and not supplant other + Federal, State, and local funds expended to support activities + described in section 712.''. + SEC. 207. COORDINATION WITH RESOURCE CENTERS. + (a) Area Plans.--Section 306(a) (42 U.S.C. 3026(a)) is amended-- + (1) in paragraph (16), by striking ``and'' at the end; + (2) in paragraph (17), by striking the period at the end and + inserting a semicolon; and + (3) by adding at the end the following: + ``(18) provide assurances that the area agency on aging will + collect data to determine-- + ``(A) the services that are needed by older individuals + whose needs were the focus of all centers funded under title IV + in fiscal year 2019; and + ``(B) the effectiveness of the programs, policies, and + services provided by such area agency on aging in assisting + such individuals; and + ``(19) provide assurances that the area agency on aging will + use outreach efforts that will identify individuals eligible for + assistance under this Act, with special emphasis on those + individuals whose needs were the focus of all centers funded under + title IV in fiscal year 2019.''. + (b) State Plans.--Section 307(a) (42 U.S.C. 3027(a)), as amended by +section 118(c), is further amended by adding at the end the following: + ``(30) The plan shall contain an assurance that the State shall + prepare and submit to the Assistant Secretary annual reports that + describe-- + ``(A) data collected to determine the services that are + needed by older individuals whose needs were the focus of all + centers funded under title IV in fiscal year 2019; + ``(B) data collected to determine the effectiveness of the + programs, policies, and services provided by area agencies on + aging in assisting such individuals; and + ``(C) outreach efforts and other activities carried out to + satisfy the assurances described in paragraphs (18) and (19) of + section 306(a).''. + SEC. 208. SENIOR LEGAL HOTLINES. + Not later than 4 years after the date of enactment of this Act, the +Assistant Secretary shall prepare and submit to Congress a report +containing-- + (1) information on which States or localities operate senior + legal hotlines; + (2) information on how such hotlines operated by States or + localities are funded; + (3) information on the usefulness of senior legal hotlines in + the coordination and provision of legal assistance; and + (4) recommendations on additional actions that should be taken + related to senior legal hotlines. + SEC. 209. INCREASE IN LIMIT ON USE OF ALLOTTED FUNDS FOR STATE + ADMINISTRATIVE COSTS. + Section 308 (42 U.S.C. 3028) is amended-- + (1) in subsection (a), in paragraphs (1) and (2), by striking + ``subsection (b)(1)'' and inserting ``subsection (b)''; and + (2) in subsection (b)-- + (A) in each of paragraphs (1) and (2)-- + (i) in subparagraph (A)-- + + (I) by striking ``clause (ii)'' and inserting + ``subparagraph (B)''; and + (II) by striking ``greater of'' and all that + follows through ``or'' and inserting the following: + ``greater of-- + + ``(i) 5 percent of the total amount of the allotments + made to a State under sections 304(a)(1) and 373(f); or + ``(ii)''; and + (ii) in subparagraph (B), by striking ``such + allotment'' and inserting ``such total amount''; and + (B) in paragraph (2)(A), by striking ``$500,000'' and + inserting ``$750,000''. + SEC. 210. IMPROVEMENTS TO NUTRITION PROGRAMS. + Section 308(b)(4) (42 U.S.C. 3028(b)(4)) is amended by adding at +the end the following: + ``(D) The State, in consultation with area agencies on aging, shall +ensure the process used by the State in transferring funds under this +paragraph (including requirements relating to the authority and timing +of such transfers) is simplified and clarified to reduce administrative +barriers and direct limited resources to the greatest nutrition service +needs at the community level. Such process shall be modified to attempt +to lessen the administrative barriers of such transfers, and help +direct limited resources to where they are needed the most as the unmet +need for nutrition services grows.''. + SEC. 211. REVIEW OF REPORTS. + Section 308(b) (42 U.S.C. 3028(b)) is amended by adding at the end +the following: + ``(8) The Assistant Secretary shall review the reports submitted +under section 307(a)(30) and include aggregate data in the report +required by section 207(a), including data on-- + ``(A) the effectiveness of the programs, policies, and services + provided by area agencies on aging in assisting older individuals + whose needs were the focus of all centers funded under title IV in + fiscal year 2019; and + ``(B) outreach efforts and other activities carried out to + satisfy the assurances described in paragraphs (18) and (19) of + section 306(a), to identify such older individuals and their + service needs.''. + SEC. 212. OTHER PRACTICES. + Section 315 (42 U.S.C. 3030c-2) is amended by adding at the end the +following: + ``(e) Response to Area Agencies on Aging.-- + ``(1) In general.--Upon request from an area agency on aging, + the State shall make available any policies or guidance pertaining + to policies established under this section. + ``(2) Rule of construction.--Nothing in paragraph (1) shall + require a State to develop policies or guidance pertaining to + policies established under this section.''. + SEC. 213. SCREENING FOR NEGATIVE HEALTH EFFECTS ASSOCIATED WITH + SOCIAL ISOLATION AND TRAUMATIC BRAIN INJURY. + Section 321(a)(8) (42 U.S.C. 3030d(a)(8)) is amended-- + (1) by striking ``screening and'' and inserting ``screening, + screening for negative health effects associated with social + isolation,''; and + (2) by inserting ``, and traumatic brain injury screening'' + after ``falls prevention services screening''. + SEC. 214. SUPPORTIVE SERVICES AND SENIOR CENTERS. + (a) In General.--Section 321(a) (42 U.S.C. 3030d(a)) is amended-- + (1) in paragraph (24), by striking ``and'' at the end; + (2) by redesignating paragraph (25) as paragraph (26); and + (3) by inserting after paragraph (24) the following: + ``(25) services that promote or support social connectedness + and reduce negative health effects associated with social + isolation; and''. + (b) Supportive Services.--Section 321(a)(7) (42 U.S.C. 3030d(a)(7)) +is amended by inserting ``cultural experiences (including the arts),'' +after ``art therapy,''. + SEC. 215. CULTURALLY APPROPRIATE, MEDICALLY TAILORED MEALS. + Section 339(2)(A)(iii) (42 U.S.C. 3030g-21(2)(A)(iii)) is amended +by inserting ``, including meals adjusted for cultural considerations +and preferences and medically tailored meals'' before the comma at the +end. + SEC. 216. NUTRITION SERVICES STUDY. + Subpart 3 of part C of title III (42 U.S.C. 3030g-21 et seq.) is +amended by adding at the end the following: +``SEC. 339B. NUTRITION SERVICES IMPACT STUDY. + ``(a) Study.-- + ``(1) In general.--The Assistant Secretary shall perform a + study to assess how to measure and evaluate the discrepancy between + available services and the demand for such services in the home + delivered nutrition services program and the congregate nutrition + services program under this part, which shall include assessing + various methods (such as those that States use) to measure and + evaluate the discrepancy (such as measurement through the length of + waitlists). + ``(2) Contents.--In performing the study, the Assistant + Secretary shall-- + ``(A) consider means of obtaining information in rural and + underserved communities; and + ``(B) consider using existing tools (existing as of the + date the Assistant Secretary begins the study) such as the + tools developed through the Performance Outcome Measurement + Project. + ``(3) Analysis.--The Assistant Secretary shall analyze and + determine which methods are the least burdensome and most effective + for measuring and evaluating the discrepancy described in paragraph + (1). + ``(b) Recommendations.-- + ``(1) Preparation.--Not later than 3 years after the date of + enactment of the Supporting Older Americans Act of 2020, the + Assistant Secretary shall prepare recommendations-- + ``(A) on how to measure and evaluate, with the least burden + and the most effectiveness, the discrepancy described in + subsection (a)(1) (such as measurement through the length of + waitlists); and + ``(B) about whether studies similar to the study described + in subsection (a) should be carried out for programs carried + out under this Act, other than this part. + ``(2) Issuance.--The Assistant Secretary shall issue the + recommendations, and make the recommendations available as a + notification pursuant to section 202(a)(34) and to the committees + of the Senate and of the House of Representatives with jurisdiction + over this Act, and the Special Committee on Aging of the Senate.''. + SEC. 217. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM. + (a) Definitions for National Family Caregiver Support Program.-- +Section 372(a) (42 U.S.C. 3030s(a)) is amended-- + (1) by redesignating paragraphs (1) through (3) as paragraphs + (2) through (4), respectively; and + (2) by inserting before paragraph (2), as so redesignated, the + following: + ``(1) Caregiver assessment.--The term `caregiver assessment' + means a defined process of gathering information to identify the + specific needs, barriers to carrying out caregiving + responsibilities, and existing supports of a family caregiver or + older relative caregiver, as identified by the caregiver involved, + to appropriately target recommendations for support services + described in section 373(b). Such assessment shall be administered + through direct contact with the caregiver, which may include + contact through a home visit, the Internet, telephone or + teleconference, or in-person interaction.''. + (b) General Authority.--Section 373 (42 U.S.C. 3030s-1) is +amended-- + (1) in subsection (b), in the matter preceding paragraph (1), + by inserting ``which may be informed through the use of caregiver + assessments,'' after ``provided,''; + (2) in subsection (e)(3), in the first sentence, by inserting + ``, including caregiver assessments used in the State,'' after + ``mechanisms''; + (3) by redesignating subsections (e) through (g) as subsections + (f) through (h), respectively; + (4) by inserting after subsection (d) the following: + ``(e) Best Practices.--Not later than 1 year after the date of +enactment of the Supporting Older Americans Act of 2020 and every 5 +years thereafter, the Assistant Secretary shall-- + ``(1) identify best practices relating to the programs carried + out under this section and section 631, regarding-- + ``(A) the use of procedures and tools to monitor and + evaluate the performance of the programs carried out under such + sections; + ``(B) the use of evidence-based caregiver support services; + and + ``(C) any other issue determined relevant by the Assistant + Secretary; and + ``(2) make available, including on the website of the + Administration and pursuant to section 202(a)(34), best practices + described in paragraph (1), to carry out the programs under this + section and section 631.''; and + (5) by adding at the end the following: + ``(i) Activities of National Significance.--The Assistant Secretary +may award funds authorized under this section to States, public +agencies, private nonprofit agencies, institutions of higher education, +and organizations, including tribal organizations, for conducting +activities of national significance that-- + ``(1) promote quality and continuous improvement in the support + provided to family caregivers and older relative caregivers through + programs carried out under this section and section 631; and + ``(2) include, with respect to such programs, program + evaluation, training, technical assistance, and research. + ``(j) Technical Assistance for Caregiver Assessments.--Not later +than 1 year after the date of enactment of the Supporting Older +Americans Act of 2020, the Assistant Secretary, in consultation with +stakeholders with appropriate expertise and, as appropriate, informed +by the strategy developed under the RAISE Family Caregivers Act (42 +U.S.C. 3030s note), shall provide technical assistance to promote and +implement the use of caregiver assessments. Such technical assistance +may include sharing available tools or templates, comprehensive +assessment protocols, and best practices concerning-- + ``(1) conducting caregiver assessments (including + reassessments) as needed; + ``(2) implementing such assessments that are consistent across + a planning and service area, as appropriate; and + ``(3) implementing caregiver support service plans, including + conducting referrals to and coordination of activities with + relevant State services.''. + (c) Report on Caregiver Assessments.-- + (1) In general.--Not later than 3 years after the date of + enactment of this Act, the Assistant Secretary shall issue a report + on the use of caregiver assessments by area agencies on aging, + entities contracting with such agencies, and tribal organizations. + Such report shall include-- + (A) an analysis of the current use of caregiver + assessments, as of the date of the report; + (B) an analysis of the potential impact of caregiver + assessments on-- + (i) family caregivers and older relative caregivers; + and + (ii) the older individuals to whom the caregivers + described in clause (i) provide care; + (C) an analysis of the potential impact of using caregiver + assessments on the aging network; + (D) an analysis of how caregiver assessments are being used + to identify the specific needs, barriers to carrying out + caregiving responsibilities, and existing supports of family + caregivers and older relative caregivers, with particular + consideration to supporting-- + (i) a caregiver specified in this subparagraph who is + caring for individuals with disabilities, or, if + appropriate, with a serious illness; and + (ii) caregivers with disabilities; + (E) recommendations for furthering the use of caregiver + assessments, as appropriate, including in rural or underserved + areas; and + (F) recommendations for assisting State agencies and area + agencies on aging, particularly in rural or underserved areas, + in implementing the use of caregiver assessments. + (2) Submission.--Not later than 6 months after the issuance of + the report specified in paragraph (1), the Assistant Secretary + shall submit the report to the committees of the Senate and the + House of Representatives with jurisdiction over this Act, and the + Special Committee on Aging of the Senate. + (3) Definitions.--In this subsection-- + (A) the terms ``caregiver assessment'' and ``older relative + caregiver'' have the meanings given such terms in section + 372(a) of the Older Americans Act of 1965 (42 U.S.C. 3030s(a)); + (B) the term ``family caregiver'' has the meaning given the + term in section 302 of such Act (42 U.S.C. 3022); and + (C) the terms ``State agency'' and ``tribal organization'' + have the meanings given the terms in section 102 of such Act + (42 U.S.C. 3002). + (d) Conforming Amendment.--Section 631(b) of such Act (42 U.S.C. +3057k-11(b)) is amended by striking ``(c), (d), and (e)'' and inserting +``(c), (d), and (f)''. + SEC. 218. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM CAP. + (a) Federal Share.--Subsection (h)(2), as redesignated by section +217(b)(3) of this Act, of section 373 (42 U.S.C. 3030s-1) is amended by +striking subparagraph (C). + (b) Monitoring the Impact of the Elimination of the Cap on Funds +for Older Relative Caregivers.-- + (1) Report.--Not later than 18 months after the date of + enactment of this Act, and annually thereafter, the Assistant + Secretary shall submit to the Committee on Health, Education, + Labor, and Pensions of the Senate and the Committee on Education + and Labor of the House of Representatives a report on the impact of + the amendment made by subsection (a) to eliminate the limitation on + funds that States may allocate to provide support services to older + relative caregivers in the National Family Caregiver Support + Program established under part E of title III of the Older + Americans Act of 1965 (42 U.S.C. 3030s et seq.). Each such report + shall also be made available to the public. + (2) Contents.--For purposes of reports required by paragraph + (1), each State that receives an allotment under such National + Family Caregiver Support Program for fiscal year 2020 or a + subsequent fiscal year shall report to the Assistant Secretary for + the fiscal year involved the amount of funds of the total Federal + and non-Federal shares described in section 373(h)(2) of the Older + Americans Act of 1965 (42 U.S.C. 3030s-1(h)(2)) used by the State + to provide support services for older relative caregivers and the + amount of such funds so used for family caregivers. + + TITLE III--MODERNIZING ACTIVITIES FOR HEALTH, INDEPENDENCE, AND + LONGEVITY + + SEC. 301. REAUTHORIZATION. + Section 411(b) (42 U.S.C. 3032(b)) is amended to read as follows: ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out-- - ``(1) aging network support activities under this section, - $14,549,157 for fiscal year 2020, $15,422,107 for fiscal year - 2021, $16,347,433 for fiscal year 2022, $17,328,279 for fiscal - year 2023, and $18,367,976 for fiscal year 2024; and - ``(2) elder rights support activities under this section, - $15,650,667 for fiscal year 2020, $16,589,707 for fiscal year - 2021, $17,585,090 for fiscal year 2022, $18,640,195 for fiscal - year 2023, and $19,758,607 for fiscal year 2024.''. - (d) Section 517(a) of the Older Americans Act of 1965 (42 U.S.C. -3056o(a)) is amended to read as follows: + ``(1) aging network support activities under this section, + $14,514,550 for fiscal year 2020, $15,385,423 for fiscal year 2021, + $16,308,548 for fiscal year 2022, $17,287,061 for fiscal year 2023, + and $18,324,285 for fiscal year 2024; and + ``(2) elder rights support activities under this section, + $15,613,440 for fiscal year 2020, $16,550,246 for fiscal year 2021, + $17,543,261 for fiscal year 2022, $18,595,857 for fiscal year 2023, + and $19,711,608 for fiscal year 2024.''. + SEC. 302. PUBLIC AWARENESS OF TRAUMATIC BRAIN INJURY. + Section 411(a)(12) (42 U.S.C. 3032(a)(12)) is amended-- + (1) by striking ``impairments'' and inserting ``impairments,''; + and + (2) by striking ``, and mental disorders'' and inserting ``, + mental disorders, and traumatic brain injury''. + SEC. 303. FALLS PREVENTION AND CHRONIC DISEASE SELF-MANAGEMENT + EDUCATION. + Section 411(a) (42 U.S.C. 3032(a)), as amended by sections 119 and +120, is further amended-- + (1) by redesignating paragraphs (15) and (16) as paragraphs + (17) and (18), respectively; and + (2) by inserting after paragraph (14) the following: + ``(15) bringing to scale and sustaining evidence-based falls + prevention programs that will reduce the number of falls, fear of + falling, and fall-related injuries in older individuals, including + older individuals with disabilities; + ``(16) bringing to scale and sustaining evidence-based chronic + disease self-management programs that empower older individuals, + including older individuals with disabilities, to better manage + their chronic conditions;''. + SEC. 304. DEMONSTRATION TO ADDRESS NEGATIVE HEALTH IMPACTS + ASSOCIATED WITH SOCIAL ISOLATION. + Section 411(a) (42 U.S.C. 3032(a)), as amended by sections 119, +120, and 303, is further amended-- + (1) in paragraph (17), by striking ``; and'' and inserting a + semicolon; + (2) by redesignating paragraph (18) as paragraph (19); and + (3) by inserting after paragraph (17), the following: + ``(18) projects that address negative health effects associated + with social isolation among older individuals; and''. + SEC. 305. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE + TRANSPORTATION FOR OLDER INDIVIDUALS. + Section 416(b)(2) (42 U.S.C. 3032e(b)(2)) is amended-- + (1) in subparagraph (B), by inserting before the semicolon ``, + call center, website or Internet-based portal, mobile application, + or other technological tools''; + (2) in subparagraph (C), by striking ``; and'' and inserting a + semicolon; + (3) by redesignating subparagraph (D) as subparagraph (G); and + (4) by inserting after subparagraph (C) the following: + ``(D)(i) improving the aggregation, availability, and + accessibility of information on options for transportation + services for older individuals, including information on public + transit, on-demand transportation services, volunteer-based + transportation services, and other private transportation + providers; and + ``(ii) providing older individuals with the ability to + schedule trips both in advance and on demand, as appropriate; + ``(E) identifying opportunities to share resources and + reduce costs of transportation services for older individuals; + ``(F) coordinating individualized trip planning responses + to requests from older individuals for transportation services; + and''. + SEC. 306. GRANT PROGRAM FOR MULTIGENERATIONAL COLLABORATION. + Section 417 (42 U.S.C. 3032f) is amended-- + (1) by amending subsection (a) to read as follows: + ``(a) Grants and Contracts.--The Assistant Secretary shall award +grants to and enter into contracts with eligible organizations to carry +out projects, serving individuals in younger generations and older +individuals, to-- + ``(1) provide opportunities for older individuals to + participate in multigenerational activities and civic engagement + activities that contribute to the health and wellness of older + individuals and individuals in younger generations by promoting-- + ``(A) meaningful roles for participants; + ``(B) reciprocity in relationship building; + ``(C) reduced social isolation and improved participant + social connectedness; + ``(D) improved economic well-being for older individuals; + ``(E) increased lifelong learning; or + ``(F) support for caregivers of families by-- + ``(i) providing support for older relative caregivers + (as defined in section 372(a)) raising children (such as + support for kinship navigator programs); or + ``(ii) involving volunteers who are older individuals + who provide support and information to families who have a + child with a disability or chronic illness, or other + families in need of such family support; + ``(2) coordinate multigenerational activities and civic + engagement activities, including multigenerational nutrition and + meal service programs; + ``(3) promote volunteerism, including by providing + opportunities for older individuals to become a mentor to + individuals in younger generations; and + ``(4) facilitate development of, and participation in, + multigenerational activities and civic engagement activities.''; + (2) by striking subsection (g); + (3) by redesignating subsections (b) through (f) as subsections + (c) through (g), respectively; + (4) by inserting after subsection (a) the following: + ``(b) Grant and Contract Periods.--Each grant awarded and contract +entered into under subsection (a) shall be for a period of not less +than 36 months.''; + (5) by amending subsection (c), as so redesignated, to read as + follows: + ``(c) Use of Funds.-- + ``(1) In general.--An eligible organization shall use funds + made available under a grant awarded, or a contract entered into, + under this section to carry out a project described in subsection + (a). + ``(2) Provision of projects through grantees.--In awarding + grants and entering into contracts under this section, the + Assistant Secretary shall ensure that such grants and contracts are + for the projects that satisfy each requirement under paragraphs (1) + through (4) of subsection (a).''; + (6) in subsection (d), as so redesignated-- + (A) in paragraph (1), by inserting ``, intent to carry out, + or intent to partner with local organizations or multiservice + organizations to carry out,'' after ``record of carrying out''; + (B) in paragraph (3), by striking ``; and'' and inserting a + semicolon; + (C) in paragraph (4), by striking the period and inserting + ``; and''; and + (D) by adding at the end the following: + ``(5) eligible organizations proposing multigenerational + activity projects that utilize shared site programs, such as + collocated child care and long-term care facilities.''; + (7) by amending subsections (f) and (g), as so redesignated, to + read as follows: + ``(f) Eligible Organizations.--Organizations eligible to receive a +grant or enter into a contract under subsection (a) shall-- + ``(1) be a State, an area agency on aging, or an organization + that provides opportunities for older individuals to participate in + activities described in such subsection; and + ``(2) have the capacity to conduct the coordination, promotion, + and facilitation described in such subsection through the use of + multigenerational coordinators. + ``(g) Evaluation.-- + ``(1) In general.--Not later than 3 years after the date of + enactment of the Supporting Older Americans Act of 2020, the + Assistant Secretary shall, through data submitted by organizations + carrying out projects through grants or contracts under this + section, evaluate the activities supported through such grants and + contracts to determine-- + ``(A) the effectiveness of such activities; + ``(B) the impact of such activities on the community being + served and the organization providing the activities; and + ``(C) the impact of such activities on older individuals + participating in such projects. + ``(2) Report to congress.--Not later than 6 months after the + Assistant Secretary completes the evaluation under paragraph (1), + the Assistant Secretary shall prepare and submit to the Speaker of + the House of Representatives and the President pro tempore of the + Senate a report that assesses such evaluation and contains, at a + minimum-- + ``(A) the names or descriptive titles of the projects + funded under subsection (a); + ``(B) a description of the nature and operation of such + projects; + ``(C) the names and addresses of organizations that + conducted such projects; + ``(D) a description of the methods and success of such + projects in recruiting older individuals as employees and as + volunteers to participate in the projects; + ``(E) a description of the success of the projects in + retaining older individuals participating in such projects as + employees and as volunteers; + ``(F) the rate of turnover of older individuals who are + employees or volunteers in such projects; + ``(G) a strategy for disseminating the findings resulting + from such projects; and + ``(H) any policy change recommendations relating to such + projects.''; and + (8) in subsection (h)(2)(B)(i), by striking ``individuals from + the generations with older individuals'' and inserting ``older + individuals''. + + TITLE IV--SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM + + SEC. 401. PRIORITY FOR THE SENIOR COMMUNITY SERVICE EMPLOYMENT + PROGRAM. + (a) Priority.--The Act (42 U.S.C. 3001 et seq.) is amended-- + (1) in section 503(a)(4)(C) (42 U.S.C. 3056a(a)(4)(C))-- + (A) in clause (iii), by striking ``and'' at the end; + (B) in clause (iv), by adding ``and'' at the end; and + (C) by adding at the end the following: + ``(v) eligible individuals who have been incarcerated + within the last 5 years or are under supervision following + release from prison or jail within the last 5 years;''; + (2) in section 514(e)(1) (42 U.S.C. 3056l(e)(1)), by inserting + ``eligible individuals who have been incarcerated or are under + supervision following release from prison or jail,'' after + ``need,''; and + (3) in section 518 (42 U.S.C. 3056p)-- + (A) in subsection (a)(3)(B)(ii)-- + (i) in subclause (IV), by striking ``or'' at the end; + (ii) in subclause (V), by striking the period at the + end and inserting ``; or''; and + (iii) by adding at the end the following: + + ``(VI) have been incarcerated within the last 5 + years or are under supervision following release from + prison or jail within the last 5 years.''; and + + (B) in subsection (b)(2)-- + (i) in subparagraph (F), by striking ``or'' at the end; + (ii) in subparagraph (G), by striking the period at the + end and inserting ``; or''; and + (iii) by adding at the end the following: + ``(H) has been incarcerated within the last 5 years or is + under supervision following release from prison or jail within + the last 5 years.''. + (b) Transition Period.--This section shall take effect 1 year after +the date of enactment of this Act. + SEC. 402. AUTHORIZATION OF APPROPRIATIONS. + Section 517(a) (42 U.S.C. 3056o(a)) is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to carry -out this title $429,020,486 for fiscal year 2020, $454,761,715 for -fiscal year 2021, $482,047,418 for fiscal year 2022, $510,970,263 for -fiscal year 2023, and $541,628,478 for fiscal year 2024.''. - (e) Section 702 of the Older Americans Act of 1965 (42 U.S.C.3058a) -is amended to read as follows: +out this title $428,000,000 for fiscal year 2020, $453,680,000 for +fiscal year 2021, $480,900,800 for fiscal year 2022, $509,754,848 for +fiscal year 2023, and $540,340,139 for fiscal year 2024.''. + + TITLE V--ENHANCING GRANTS FOR NATIVE AMERICANS + + SEC. 501. REAUTHORIZATION. + Title VI (42 U.S.C. 3057 et seq.) is amended-- + (1) in part D (42 U.S.C. 3057l et seq.)-- + (A) by amending section 643 (42 U.S.C. 3057n) to read as + follows: + ``SEC. 643. AUTHORIZATION OF APPROPRIATIONS. + ``There are authorized to be appropriated to carry out this title-- + ``(1) for parts A and B, $37,102,560 for fiscal year 2020, + $39,298,714 for fiscal year 2021, $41,626,636 for fiscal year 2022, + $44,094,235 for fiscal year 2023, and $46,709,889 for fiscal year + 2024; and + ``(2) for part C, $10,759,920 for fiscal year 2020, $11,405,515 + for fiscal year 2021, $12,089,846 for fiscal year 2022, $12,815,237 + for fiscal year 2023, and $13,584,151 for fiscal year 2024.''; and + (B) by adding at the end the following: + ``SEC. 644. FUNDING SET ASIDE. + ``Of the funds appropriated under section 643(1) for a fiscal year, +not more than 5 percent shall be made available to carry out part D for +such fiscal year, provided that for such fiscal year-- + ``(1) the funds appropriated for parts A and B are greater than + the funds appropriated for fiscal year 2019; and + ``(2) the Assistant Secretary makes available for parts A and B + no less than the amount of resources made available for fiscal year + 2019.''; + (2) by redesignating part D, as so amended, as part E; and + (3) by inserting after part C the following: -``SEC. 702. AUTHORIZATION OF APPROPRIATIONS. + ``PART D--SUPPORTIVE SERVICES FOR HEALTHY AGING AND INDEPENDENCE + ``SEC. 636. PROGRAM. + ``(a) In General.--The Assistant Secretary may carry out a +competitive demonstration program for making grants to tribal +organizations or organizations serving Native Hawaiians with +applications approved under parts A and B, to pay for the Federal share +of carrying out programs, to enable the organizations described in this +subsection to build their capacity to provide a wider range of in-home +and community supportive services to enable older individuals to +maintain their health and independence and to avoid long-term care +facility placement. + ``(b) Supportive Services.-- + ``(1) In general.--Subject to paragraph (2), supportive + services described in subsection (a) may include any of the + activities described in section 321(a). + ``(2) Priority.--The Assistant Secretary, in making grants + under this section, shall give priority to organizations that will + use the grant funds for supportive services described in subsection + (a) that are for in-home assistance, transportation, information + and referral, case management, health and wellness programs, legal + services, family caregiver support services, and other services + that directly support the independence of the older individuals + served. + ``(3) Rule of construction.--Nothing in this section shall be + construed or interpreted to prohibit the provision of supportive + services under part A or B.''. + +TITLE VI--MODERNIZING ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION + ACTIVITIES AND OTHER PROGRAMS + + SEC. 601. REAUTHORIZATION; VULNERABLE ELDER RIGHTS PROTECTION + ACTIVITIES. + Section 702 (42 U.S.C. 3058a) is amended by striking subsections +(a) and (b) and inserting the following: ``(a) Ombudsman Program.--There are authorized to be appropriated -to carry out chapter 2, $18,110,027 for fiscal year 2020, $19,196,629 -for fiscal year 2021, $20,348,427 for fiscal year 2022, $21,569,332 for -fiscal year 2023, and $22,863,492 for fiscal year 2024. +to carry out chapter 2, $18,066,950 for fiscal year 2020, $19,150,967 +for fiscal year 2021, $20,300,025 for fiscal year 2022, $21,518,027 for +fiscal year 2023, and $22,809,108 for fiscal year 2024. ``(b) Other Programs.--There are authorized to be appropriated to -carry out chapters 3 and 4, $5,119,287 for fiscal year 2020, $5,426,444 -for fiscal year 2021, $5,752,031 for fiscal year 2022, $6,097,153 for -fiscal year 2023, and $6,462,982 for fiscal year 2024.''. - -SEC. 503. HOLD HARMLESS FORMULA. - - (a) In General.--Section 304(a)(3)(D) of the Older Americans Act of -1965 (42 U.S.C. 3024(a)(3)(D)) is amended to read as follows: - ``(D)(i) In this subparagraph and paragraph (5): - ``(I) The term `allot' means allot - under this subsection from a sum - appropriated under section 303(a) or - 303(b)(1), as the case may be. - ``(II) The term `covered fiscal - year' means any of fiscal years 2020 - through 2029. - ``(ii) If the sum appropriated under - section 303(a) or 303(b)(1) for a particular - fiscal year is less than or equal to the sum - appropriated under section 303(a) or 303(b)(1), - respectively, for fiscal year 2019, amounts - shall be allotted to States from the sum - appropriated for the particular year in - accordance with paragraphs (1) and (2), and - subparagraphs (A) through (C) as applicable, - but no State shall be allotted an amount that - is less than-- - ``(I) for fiscal year 2020, 99.75 - percent of the corresponding sum - appropriated for fiscal year 2019; - ``(II) for fiscal year 2021, 99.50 - percent of that sum; - ``(III) for fiscal year 2022, 99.25 - percent of that sum; - ``(IV) for fiscal year 2023, 99.00 - percent of that sum; - ``(V) for fiscal year 2024, 98.75 - percent of that sum; - ``(VI) for fiscal year 2025, 98.50 - percent of that sum; - ``(VII) for fiscal year 2026, 98.25 - percent of that sum; - ``(VIII) for fiscal year 2027, - 98.00 percent of that sum; - ``(IX) for fiscal year 2028, 97.75 - percent of that sum; and - ``(X) for fiscal year 2029, 97.50 - percent of that sum. - ``(iii) If the sum appropriated under - section 303(a) or 303(b)(1) for a particular - covered fiscal year is greater than the sum - appropriated under section 303(a) or 303(b)(1), - respectively, for fiscal year 2019, the - allotments to States from the sum appropriated - for the particular year shall be calculated as - follows: - ``(I) From the portion equal to the - corresponding sum appropriated for - fiscal year 2019, amounts shall be - allotted in accordance with paragraphs - (1) and (2), and subparagraphs (A) - through (C) as applicable, but no State - shall be allotted an amount that is - less than the percentage specified in - clause (ii), for that particular year, - of the corresponding sum appropriated - for fiscal year 2019. - ``(II) From the remainder, amounts - shall be allotted in accordance with - paragraph (1), subparagraphs (A) - through (C) as applicable, and - paragraph (2) to the extent needed to - meet the requirements of those - subparagraphs.''. - (b) Repeal.--Section 304(a)(3)(D) of the Older Americans Act of -1965 (42 U.S.C. 3024(a)(3)(D)) is repealed effective October 1, 2029. - - Passed the House of Representatives October 28, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4334 - -_______________________________________________________________________ - - AN ACT - - To amend the Older Americans Act of 1965 to authorize appropriations - for fiscal years 2020 through 2024, and for other purposes. +carry out chapters 3 and 4, $5,107,110 for fiscal year 2020, $5,413,537 +for fiscal year 2021, $5,738,349 for fiscal year 2022, $6,082,650 for +fiscal year 2023, and $6,447,609 for fiscal year 2024.''. + SEC. 602. VOLUNTEER STATE LONG-TERM CARE OMBUDSMAN REPRESENTATIVES. + Section 712(a)(5) (42 U.S.C. 3058g(a)(5)) is amended by adding at +the end the following: + ``(E) Rule of construction for volunteer ombudsman + representatives.--Nothing in this paragraph shall be construed + as prohibiting the program from providing and financially + supporting recognition for an individual designated under + subparagraph (A) as a volunteer to represent the Ombudsman + program, or from reimbursing or otherwise providing financial + support to such an individual for any costs, such as + transportation costs, incurred by the individual in serving as + such volunteer.''. + SEC. 603. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION. + Section 721(b)(12) (42 U.S.C. 3058i(b)(12)) is amended-- + (1) in subparagraph (C), by inserting ``community outreach and + education,'' after ``technical assistance,''; and + (2) in subparagraph (F)-- + (A) by striking ``studying'' and inserting + ``implementing''; and + (B) by inserting ``, programs, and materials'' after + ``practices''. + SEC. 604. PRINCIPLES FOR PERSON-DIRECTED SERVICES AND SUPPORTS + DURING SERIOUS ILLNESS. + (a) Definitions.-- + (1) Administrator.--The term ``Administrator'' means the + Administrator of the Administration for Community Living. + (2) Covered agency.--The term ``covered agency'' means-- + (A) a State agency or area agency on aging; and + (B) a Federal agency other than the Department of Health + and Human Services, and a unit of that Department other than + the Administration on Aging, that the Assistant Secretary + determines performs functions for which the principles are + relevant, and the Centers for Medicare & Medicaid Services. + (3) Principles.--The term ``principles'' means the Principles + for Person-directed Services and Supports during Serious Illness, + issued by the Administration for Community Living on September 1, + 2017, or an updated set of such Principles. + (4) State agency.--The term ``State agency'' has the meaning + given the term in section 102 of the Older Americans Act of 1965 + (42 U.S.C. 3002). + (b) Dissemination.--The Administrator shall disseminate the +principles to appropriate stakeholders within the aging network, as +determined by the Assistant Secretary, and to covered agencies. The +covered agencies may use the principles in setting priorities for +service delivery and care plans in programs carried out by the +agencies. + (c) Feedback.--The Administrator shall solicit, on an ongoing +basis, feedback on the principles from covered agencies, experts in the +fields of aging and dementia, and stakeholders who provide or receive +disability services. + (d) Report.--Not less often than once, but not more often than +annually, during the 3 years after the date of enactment of this Act, +the Administrator shall prepare and submit to Congress a report +describing the feedback received under subsection (c) and indicating if +any changes or updates are needed to the principles. + SEC. 605. EXTENSION OF THE SUPPORTING GRANDPARENTS RAISING + GRANDCHILDREN ACT. + Section 3(f) of the Supporting Grandparents Raising Grandchildren +Act (Public Law 115-196) is amended by striking ``3'' and inserting +``4''. + SEC. 606. BEST PRACTICES FOR HOME AND COMMUNITY-BASED OMBUDSMEN. + Not later than 3 years after the date of enactment of this Act, the +Assistant Secretary shall issue a report updating the best practices +for home and community-based ombudsmen that were included in the report +entitled ``Best Practices for Home and Community-Based Ombudsmen'', +issued by the National Direct Service Workforce Resource Center of the +Centers for Medicare & Medicaid Services and prepared by the Research +and Training Center at the University of Minnesota and The Lewin Group +(January 2013). + SEC. 607. SENIOR HOME MODIFICATION ASSISTANCE INITIATIVE. + Not later than 2 years after the date of enactment of this Act, the +Comptroller General of the United States shall conduct a study and +issue a report that includes-- + (1) an inventory of Federal programs, administered by the + Department of Health and Human Services, the Department of Housing + and Urban Development, or any other Federal agency or department + determined appropriate by the Comptroller General, that support + evidence-based falls prevention, home assessments, and home + modifications for older individuals and individuals with + disabilities; + (2) statistical data, for recent fiscal years, on the number of + older individuals and individuals with disabilities served by each + Federal program described in paragraph (1) and the approximate + amount of Federal funding invested in each such program; + (3) a demographic analysis of individuals served by each such + program for recent fiscal years; + (4) an analysis of duplication and gaps in populations + supported by the Federal programs described in paragraph (1); + (5) what is known about the impact of the Federal programs + described in paragraph (1) on health status and health outcomes in + populations supported by such programs; + (6) a review of Federal efforts to coordinate Federal programs + existing prior to the date of enactment of this Act that support + evidence-based falls prevention, home assessments, and home + modifications for older individuals and individuals with + disabilities and any considerations for improving coordination, + which may include an indication of the Federal agency or department + that is best suited to coordinate such Federal programs; and + (7) information on the extent to which consumer-friendly + resources, such as a brochure, are available through the National + Eldercare Locator Service established under section 202(a)(21) of + the Older Americans Act of 1965 (42 U.S.C. 3012(a)(21)), are + accessible to all area agencies on aging, and contain information + on evidence-based falls prevention, home assessments, and home + modifications for older individuals attempting to live + independently and safely in their homes and for the caregivers of + such individuals. + + TITLE VII--MISCELLANEOUS + + SEC. 701. TECHNICAL CORRECTIONS. + The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is +amended-- + (1) in section 102(37)(A) (42 U.S.C. 3002(37)(A)), by striking + ``paragraph (5)'' and inserting ``paragraph (26)''; + (2) in section 202(a)(23) (42 U.S.C. 3012(a)(23)), by striking + ``sections 307(a)(18) and 731(b)(2)'' and inserting ``sections + 307(a)(13) and 731''; + (3) in section 202(e)(1)(A) (42 U.S.C. 3012(e)(1)(A)), by + moving the left margin of clause (i) 2 ems to the left; + (4) in sections 203(c)(7) (42 U.S.C. 3013(c)(7)), 207(b)(2)(B) + (42 U.S.C. 3018(b)(2)(B)), and 215(i) (42 U.S.C. 3020e-1(i)), by + striking ``Committee on Education and the Workforce'' each place it + appears and inserting ``Committee on Education and Labor''; + (5) in section 207(b)(3)(A) (42 U.S.C. 3018(b)(3)(A)), by + striking ``Administrator of the Health Care Finance + Administration'' and inserting ``Administrator of the Centers for + Medicare & Medicaid Services''; + (6) in section 304(a)(3)(C) (42 U.S.C. 3024(a)(3)(C)), by + striking ``term'' and all that follows through ``does'' and + inserting ``term `State' does''; + (7) in section 304(d)(1)(B), by striking ``(excluding'' and all + that follows through ``303(a)(3))''; + (8) in section 306(a) (42 U.S.C. 3026(a))-- + (A) in paragraph (1), by inserting ``the number of older + individuals at risk for institutional placement residing in + such area,'' before ``and the number of older individuals who + are Indians''; and + (B) in paragraph (2)(B), by striking ``who are victims of'' + and inserting ``with''; + (9) in section 339(2)(A)(ii)(I) (42 U.S.C. 3030g- + 21(2)(A)(ii)(I)), by striking ``Institute of Medicine of the + National Academy of Sciences'' and inserting ``National Academies + of Sciences, Engineering, and Medicine''; + (10) in section 611 (42 U.S.C. 3057b), by striking ``(a)''; + (11) in section 614(c)(4) (42 U.S.C. 3057e(c)(4)), by striking + ``(a)(12)'' and inserting ``(a)(11)''; and + (12) in section 721(i) (42 U.S.C. 3058i(i), by striking + ``section 206(g)'' and inserting ``section 206(h)''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From b0e2a46c51dd588c60673123100a2d940bc4c7a7 Mon Sep 17 00:00:00 2001 From: "Rep. Harder, Josh [D-CA-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 412/984] House-4356: Introduced to House --- bills_text/House-4356.txt | 63 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 63 insertions(+) create mode 100644 bills_text/House-4356.txt diff --git a/bills_text/House-4356.txt b/bills_text/House-4356.txt new file mode 100644 index 0000000..634d993 --- /dev/null +++ b/bills_text/House-4356.txt @@ -0,0 +1,63 @@ +116th CONGRESS + 1st Session + H. R. 4356 + + To amend the Servicemembers Civil Relief Act to allow certain + individuals to terminate contracts for telephone, multichannel video + programming, or internet access service, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 17, 2019 + +Mr. Harder of California (for himself and Mr. Wenstrup) introduced the + following bill; which was referred to the Committee on Veterans' + Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend the Servicemembers Civil Relief Act to allow certain + individuals to terminate contracts for telephone, multichannel video + programming, or internet access service, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Protecting Families of Fallen +Servicemembers Act''. + +SEC. 2. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO + PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN + INDIVIDUALS UNDER SERVICEMEMBERS CIVIL RELIEF ACT. + + Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C. +3956(a)) is amended by adding at the end the following new paragraph: + ``(4) Additional individuals covered.--For purposes of this + section, the following individuals shall be treated as a + servicemember covered by paragraph (1): + ``(A) A spouse or dependent of a servicemember who + dies while in military service or a spouse or dependent + of a member of the reserve components who dies while + performing duty described in subparagraph (C). + ``(B) A spouse or dependent of a servicemember who + incurs a catastrophic injury or illness (as that term + is defined in section 439(g) of title 37, United States + Code), if the servicemember incurs the catastrophic + injury or illness while performing duty described in + subparagraph (C). + ``(C) A member of the reserve components performing + military service or performing full-time National Guard + duty, active Guard and Reserve duty, or inactive-duty + training (as such terms are defined in section 101(d) + of title 10, United States Code).''. + \ No newline at end of file From 3e2d555f5707f9cd0cf7897f39d114eb0d281ae3 Mon Sep 17 00:00:00 2001 From: "Rep. Harder, Josh [D-CA-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 413/984] House-4356: Engrossed in House --- bills_text/House-4356.txt | 42 ++++++++++++++++++++------------------- 1 file changed, 22 insertions(+), 20 deletions(-) diff --git a/bills_text/House-4356.txt b/bills_text/House-4356.txt index 634d993..5ce058d 100644 --- a/bills_text/House-4356.txt +++ b/bills_text/House-4356.txt @@ -2,25 +2,9 @@ 1st Session H. R. 4356 - To amend the Servicemembers Civil Relief Act to allow certain - individuals to terminate contracts for telephone, multichannel video - programming, or internet access service, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - September 17, 2019 - -Mr. Harder of California (for himself and Mr. Wenstrup) introduced the - following bill; which was referred to the Committee on Veterans' - Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -53,11 +37,29 @@ SEC. 2. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37, United States Code), if the servicemember incurs the catastrophic - injury or illness while performing duty described in - subparagraph (C). + injury or illness while in military service or + performing duty described in subparagraph (C). ``(C) A member of the reserve components performing military service or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).''. - \ No newline at end of file + + Passed the House of Representatives November 12, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4356 + +_______________________________________________________________________ + + AN ACT + + To amend the Servicemembers Civil Relief Act to allow certain + individuals to terminate contracts for telephone, multichannel video + programming, or internet access service, and for other purposes. From 29247b4b245396f7d87c144477d86e297146d4de Mon Sep 17 00:00:00 2001 From: "Rep. Harder, Josh [D-CA-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 414/984] House-4356: Enrolled --- bills_text/House-4356.txt | 89 ++++++++++++++++++--------------------- 1 file changed, 40 insertions(+), 49 deletions(-) diff --git a/bills_text/House-4356.txt b/bills_text/House-4356.txt index 5ce058d..440823d 100644 --- a/bills_text/House-4356.txt +++ b/bills_text/House-4356.txt @@ -1,65 +1,56 @@ -116th CONGRESS - 1st Session - H. R. 4356 + H.R.4356 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the Servicemembers Civil Relief Act to allow certain - individuals to terminate contracts for telephone, multichannel video + individuals to terminate contracts for telephone, multichannel video programming, or internet access service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Protecting Families of Fallen Servicemembers Act''. - SEC. 2. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO - PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN - INDIVIDUALS UNDER SERVICEMEMBERS CIVIL RELIEF ACT. - +PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN INDIVIDUALS UNDER +SERVICEMEMBERS CIVIL RELIEF ACT. Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3956(a)) is amended by adding at the end the following new paragraph: - ``(4) Additional individuals covered.--For purposes of this - section, the following individuals shall be treated as a - servicemember covered by paragraph (1): - ``(A) A spouse or dependent of a servicemember who - dies while in military service or a spouse or dependent - of a member of the reserve components who dies while - performing duty described in subparagraph (C). - ``(B) A spouse or dependent of a servicemember who - incurs a catastrophic injury or illness (as that term - is defined in section 439(g) of title 37, United States - Code), if the servicemember incurs the catastrophic - injury or illness while in military service or - performing duty described in subparagraph (C). - ``(C) A member of the reserve components performing - military service or performing full-time National Guard - duty, active Guard and Reserve duty, or inactive-duty - training (as such terms are defined in section 101(d) - of title 10, United States Code).''. - - Passed the House of Representatives November 12, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4356 - -_______________________________________________________________________ - - AN ACT - - To amend the Servicemembers Civil Relief Act to allow certain - individuals to terminate contracts for telephone, multichannel video - programming, or internet access service, and for other purposes. + ``(4) Additional individuals covered.--For purposes of this + section, the following individuals shall be treated as a + servicemember covered by paragraph (1): + ``(A) A spouse or dependent of a servicemember who dies + while in military service or a spouse or dependent of a member + of the reserve components who dies while performing duty + described in subparagraph (C). + ``(B) A spouse or dependent of a servicemember who incurs a + catastrophic injury or illness (as that term is defined in + section 439(g) of title 37, United States Code), if the + servicemember incurs the catastrophic injury or illness while + in military service or performing duty described in + subparagraph (C). + ``(C) A member of the reserve components performing + military service or performing full-time National Guard duty, + active Guard and Reserve duty, or inactive-duty training (as + such terms are defined in section 101(d) of title 10, United + States Code).''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From ce398e6f72ea0e620eff3cba36f63df81f40bdff Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 415/984] House-4378: Introduced to House --- bills_text/House-4378.txt | 922 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 922 insertions(+) create mode 100644 bills_text/House-4378.txt diff --git a/bills_text/House-4378.txt b/bills_text/House-4378.txt new file mode 100644 index 0000000..6d09973 --- /dev/null +++ b/bills_text/House-4378.txt @@ -0,0 +1,922 @@ +116th CONGRESS + 1st Session + H. R. 4378 + + Making continuing appropriations for fiscal year 2020, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 18, 2019 + + Mrs. Lowey introduced the following bill; which was referred to the + Committee on Appropriations, and in addition to the Committee on the + Budget, for a period to be subsequently determined by the Speaker, in + each case for consideration of such provisions as fall within the + jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + + Making continuing appropriations for fiscal year 2020, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Continuing Appropriations Act, 2020, +and Health Extenders Act of 2019''. + +SEC. 2. TABLE OF CONTENTS. + + The table of contents of this Act is as follows: + +Sec. 1. Short title. +Sec. 2. Table of Contents. +Sec. 3. References. + DIVISION A--CONTINUING APPROPRIATIONS ACT, 2020 + + DIVISION B--HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS + + TITLE I--PUBLIC HEALTH EXTENDERS + + TITLE II--OTHER HEALTH EXTENDERS + + TITLE III--MEDICAID EXTENDERS + + TITLE IV--MEDICARE EXTENDERS + + TITLE V--HUMAN SERVICES EXTENDERS + + TITLE VI--MISCELLANEOUS POLICIES + + TITLE VII--BUDGETARY EFFECTS + +SEC. 3. REFERENCES. + + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. + + DIVISION A--CONTINUING APPROPRIATIONS ACT, 2020 + + The following sums are hereby appropriated, out of any money in +the Treasury not otherwise appropriated, and out of applicable +corporate or other revenues, receipts, and funds, for the several +departments, agencies, corporations, and other organizational units of +Government for fiscal year 2020, and for other purposes, namely: + Sec. 101. Such amounts as may be necessary, at a rate for +operations as provided in the applicable appropriations Acts for fiscal +year 2019 and under the authority and conditions provided in such Acts, +for continuing projects or activities (including the costs of direct +loans and loan guarantees) that are not otherwise specifically provided +for in this Act, that were conducted in fiscal year 2019, and for which +appropriations, funds, or other authority were made available in the +following appropriations Acts: + (1) The Agriculture, Rural Development, Food and Drug + Administration, and Related Agencies Appropriations Act, 2019 + (division B of Public Law 116-6), except that the language + under the heading ``Rural Utilities Service--Rural Water and + Waste Disposal Program Account'' in title III shall be applied + by inserting ``the cost of direct loans,'' before ``loan + guarantees'' at the beginning of the second sentence in the + matter preceding the first proviso. + (2) The Commerce, Justice, Science, and Related Agencies + Appropriations Act, 2019 (division C of Public Law 116-6), + except section 523(b)(6). + (3) The Department of Defense Appropriations Act, 2019 + (division A of Public Law 115-245). + (4) The Energy and Water Development and Related Agencies + Appropriations Act, 2019 (division A of Public Law 115-244), + except section 505. + (5) The Financial Services and General Government + Appropriations Act, 2019 (division D of Public Law 116-6). + (6) The Department of Homeland Security Appropriations Act, + 2019 (division A of Public Law 116-6) as amended, and title I + of division H of Public Law 116-6. + (7) The Department of the Interior, Environment, and + Related Agencies Appropriations Act, 2019 (division E of Public + Law 116-6). + (8) The Departments of Labor, Health and Human Services, + and Education, and Related Agencies Appropriations Act, 2019 + (division B of Public Law 115-245). + (9) The Legislative Branch Appropriations Act, 2019 + (division B of Public Law 115-244). + (10) The Military Construction, Veterans Affairs, and + Related Agencies Appropriations Act, 2019 (division C of Public + Law 115-244). + (11) The Department of State, Foreign Operations, and + Related Programs Appropriations Act, 2019 (division F of Public + Law 116-6), except section 7058(d). + (12) The Transportation, Housing and Urban Development, and + Related Agencies Appropriations Act, 2019 (division G of Public + Law 116-6). + Sec. 102. (a) No appropriation or funds made available or authority +granted pursuant to section 101 for the Department of Defense shall be +used for: + (1) the new production of items not funded for production + in fiscal year 2019 or prior years; + (2) the increase in production rates above those sustained + with fiscal year 2019 funds; or + (3) the initiation, resumption, or continuation of any + project, activity, operation, or organization (defined as any + project, subproject, activity, budget activity, program + element, and subprogram within a program element, and for any + investment items defined as a P-1 line item in a budget + activity within an appropriation account and an R-1 line item + that includes a program element and subprogram element within + an appropriation account) for which appropriations, funds, or + other authority were not available during fiscal year 2019. + (b) No appropriation or funds made available or authority granted +pursuant to section 101 for the Department of Defense shall be used to +initiate multi-year procurements utilizing advance procurement funding +for economic order quantity procurement unless specifically +appropriated later. + Sec. 103. Appropriations made by section 101 shall be available to +the extent and in the manner that would be provided by the pertinent +appropriations Act. + Sec. 104. Except as otherwise provided in section 102, no +appropriation or funds made available or authority granted pursuant to +section 101 shall be used to initiate or resume any project or activity +for which appropriations, funds, or other authority were not available +during fiscal year 2019. + Sec. 105. Appropriations made and authority granted pursuant to +this Act shall cover all obligations or expenditures incurred for any +project or activity during the period for which funds or authority for +such project or activity are available under this Act. + Sec. 106. Unless otherwise provided for in this Act or in the +applicable appropriations Act for fiscal year 2020, appropriations and +funds made available and authority granted pursuant to this Act shall +be available until whichever of the following first occurs: + (1) The enactment into law of an appropriation for any + project or activity provided for in this Act. + (2) The enactment into law of the applicable appropriations + Act for fiscal year 2020 without any provision for such project + or activity. + (3) November 21, 2019. + Sec. 107. Expenditures made pursuant to this Act shall be charged +to the applicable appropriation, fund, or authorization whenever a bill +in which such applicable appropriation, fund, or authorization is +contained is enacted into law. + Sec. 108. Appropriations made and funds made available by or +authority granted pursuant to this Act may be used without regard to +the time limitations for submission and approval of apportionments set +forth in section 1513 of title 31, United States Code, but nothing in +this Act may be construed to waive any other provision of law governing +the apportionment of funds. + Sec. 109. Notwithstanding any other provision of this Act, except +section 106, for those programs that would otherwise have high initial +rates of operation or complete distribution of appropriations at the +beginning of fiscal year 2020 because of distributions of funding to +States, foreign countries, grantees, or others, such high initial rates +of operation or complete distribution shall not be made, and no grants +shall be awarded for such programs funded by this Act that would +impinge on final funding prerogatives. + Sec. 110. This Act shall be implemented so that only the most +limited funding action of that permitted in the Act shall be taken in +order to provide for continuation of projects and activities. + Sec. 111. (a) For entitlements and other mandatory payments whose +budget authority was provided in appropriations Acts for fiscal year +2019, and for activities under the Food and Nutrition Act of 2008, +activities shall be continued at the rate to maintain program levels +under current law, under the authority and conditions provided in the +applicable appropriations Act for fiscal year 2019, to be continued +through the date specified in section 106(3). + (b) Notwithstanding section 106, obligations for mandatory payments +due on or about the first day of any month that begins after October +2019 but not later than 30 days after the date specified in section +106(3) may continue to be made, and funds shall be available for such +payments. + Sec. 112. Amounts made available under section 101 for civilian +personnel compensation and benefits in each department and agency may +be apportioned up to the rate for operations necessary to avoid +furloughs within such department or agency, consistent with the +applicable appropriations Act for fiscal year 2019, except that such +authority provided under this section shall not be used until after the +department or agency has taken all necessary actions to reduce or defer +non-personnel-related administrative expenses. + Sec. 113. Funds appropriated by this Act may be obligated and +expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. +2412), section 15 of the State Department Basic Authorities Act of 1956 +(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization +Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) +of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)). + Sec. 114. (a) Each amount incorporated by reference in this Act +that was previously designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism or as an emergency requirement +pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency +Deficit Control Act of 1985 or as being for disaster relief pursuant to +section 251(b)(2)(D) of such Act is designated by the Congress for +Overseas Contingency Operations/Global War on Terrorism or as an +emergency requirement pursuant to section 251(b)(2)(A) of such Act or +as being for disaster relief pursuant to section 251(b)(2)(D) of such +Act, respectively. + (b) Section 5 of Public Law 116-6 shall apply to amounts designated +in subsection (a) and section 124 of this Act for Overseas Contingency +Operations/Global War on Terrorism. + (c) This section shall become effective immediately upon enactment +of this Act, and shall remain in effect through the date in section +106(3). + Sec. 115. (a) Rescissions or cancellations of discretionary budget +authority that continue pursuant to section 101 in Treasury +Appropriations Fund Symbols (TAFS)-- + (1) to which other appropriations are not provided by this + Act, but for which there is a current applicable TAFS that does + receive an appropriation in this Act; or + (2) which are no-year TAFS and receive other appropriations + in this Act, +may be continued instead by reducing the rate for operations otherwise +provided by section 101 for such current applicable TAFS, as long as +doing so does not impinge on the final funding prerogatives of the +Congress. + (b) Rescissions or cancellations described in subsection (a) shall +continue in an amount equal to the lesser of-- + (1) the amount specified for rescission or cancellation in + the applicable appropriations Act referenced in section 101 of + this Act; or + (2) the amount of balances available, as of October 1, + 2019, from the funds specified for rescission or cancellation + in the applicable appropriations Act referenced in section 101 + of this Act. + (c) No later than November 11, 2019, the Director of the Office of +Management and Budget shall provide to the Committees on Appropriations +of the House of Representatives and the Senate a comprehensive list of +the rescissions or cancellations that will continue pursuant to section +101: Provided, That the information in such comprehensive list shall be +periodically updated to reflect any subsequent changes in the amount of +balances available, as of October 1, 2019, from the funds specified for +rescission or cancellation in the applicable appropriations Act +referenced in section 101, and such updates shall be transmitted to the +Committees on Appropriations of the House of Representatives and the +Senate upon request. + Sec. 116. Title I of the Additional Supplemental Appropriations +for Disaster Relief Act, 2019 (Public Law 116-20) is amended in the +matter under the heading ``Department of Agriculture--Office of the +Secretary'' by inserting ``to cooperative processors for reduced +quantity and quality sugar beets,'' after ``planting in 2019,'': +Provided, That amounts repurposed pursuant to this section that were +previously designated by the Congress as an emergency requirement +pursuant to the Balanced Budget and Emergency Deficit Control Act of +1985 are designated by the Congress as an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985 and shall be available only if +the President subsequently so designates all such amounts and transmits +such designations to the Congress. + Sec. 117. The Secretary of Agriculture may waive the matching +funds requirement under Section 412(g) of the Agricultural Research, +Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)). + Sec. 118. Amounts made available by section 101 for ``Department +of Agriculture--Food and Nutrition Service--Child Nutrition Programs'' +to carry out section 749(g) of the Agriculture, Rural Development, Food +and Drug Administration, and Related Agencies Appropriations Act, 2010 +(Public Law 111-80) may be apportioned up to the rate for operations +necessary to ensure that the program can be fully operational by May +2020. + Sec. 119. Amounts provided by section 111 to the Department of +Agriculture for ``Corporations--Commodity Credit Corporation Fund-- +Reimbursement for Net Realized Losses'' may be used, prior to the +completion of the report described in section 2 of the Act of August +17, 1961 (15 U.S.C. 713a-11), to reimburse the Commodity Credit +Corporation for net realized losses sustained, but not previously +reimbursed, as of September 17, 2019: Provided, That the Secretary of +Agriculture shall submit a report, no later than October 31, 2019, to +the Committees on Appropriations and Agriculture of both Houses of +Congress, including estimates for all Market Facilitation Program +payments, in calendar year 2018 and 2019 and projected payments in +calendar year 2020 resulting from the calendar year 2019 program that +include State-by-State, commodity-by-commodity, including specialty +crops, analysis of the trade damage caused by retaliatory tariffs and +separately by non-tariff trade barriers, including dumping, on U.S. +agricultural producers, and an accounting of any commodity purchases +made from substantially foreign-owned companies or their subsidiaries. + Sec. 120. In addition to amounts provided by section 101, amounts +are provided for ``Department of Agriculture--Agricultural Marketing +Service--Marketing Services'' at a rate for operations of $16,496,000 +to continue the implementation of the Hemp Production Program (section +10113 of Public Law 115-334). + Sec. 121. Amounts made available by section 101 for +``International Trade Commission--Salaries and Expenses'' may be +apportioned up to the rate for operations necessary to carry out +responsibilities under the American Manufacturing Competitiveness Act +of 2016 (Public Law 114-159). + Sec. 122. Amounts made available by section 101 to the Department +of Commerce for ``Bureau of the Census--Periodic Censuses and +Programs'' may be apportioned up to the rate for operations necessary +to maintain the schedule and deliver the required data according to the +statutory deadlines in the 2020 Decennial Census Program. + Sec. 123. Notwithstanding section 2208(l)(3) of title 10, United +States Code, during the period covered by this Act, any advanced +billing for background investigation services and related services +purchased from activities financed using Defense Working Capital Funds +shall be excluded from the calculation of cumulative advance billings +under section 2208(l)(3) of such title. In the preceding sentence, the +term ``advance billing'' has the meaning given the term in section +2208(l)(4) of such title. + Sec. 124. (a) The remaining unobligated balances of funds as of +September 30, 2019, from amounts provided by section 9013 of division A +of Public Law 115-245 are hereby rescinded: Provided, That such amounts +that were previously designated by the Congress as being for Overseas +Contingency Operations/Global War on Terrorism pursuant to section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985 are designated by the Congress as being for Overseas +Contingency Operations/Global War on Terrorism pursuant to that section +of that Act. + (b) In addition to the amount otherwise provided by section 101 for +the ``Ukraine Security Assistance Initiative'', there is appropriated +on September 30, 2019, for an additional amount for fiscal year 2019, +an amount equal to the unobligated balances rescinded pursuant to +subsection (a) of this section: Provided, That amounts made available +pursuant to this subsection shall remain available until September 30, +2020, and shall be available for the same purposes and under the same +authorities for which they were originally provided in Public Law 115- +245: Provided further, That such amount is designated by the Congress +as being for Overseas Contingency Operations/Global War on Terrorism +pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + (c) This section shall become effective immediately upon enactment +of this Act. + (d) If this Act is enacted after September 30, 2019, or if the +designation in subsection 114(b) occurs after September 30, 2019, this +section shall be applied as if it were in effect on September 30, 2019. + Sec. 125. (a) No funds shall be transferred directly from +``Department of Energy--Power Marketing Administration--Colorado River +Basins Power Marketing Fund, Western Area Power Administration'' to the +general fund of the Treasury in fiscal year 2019. + (b) This section shall become effective immediately upon enactment +of this Act. + Sec. 126. During the period covered by this Act, title I of Public +Law 108-361, as amended (the Calfed Bay-Delta Authorization Act) (118 +Stat. 1681), shall be applied by substituting ``2020'' for ``2019'' +each place it appears. + Sec. 127. Notwithstanding section 101, title I of division D of +Public Law 116-6 shall be applied by adding the following new heading +and appropriation language under the heading ``Department of the +Treasury--Departmental Offices'': + + ``COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND + + ``For necessary expenses of the Committee on Foreign Investment in +the United States, $15,000,000, to remain available until expended: +Provided, That the chairperson of the Committee may transfer such +amounts to any department or agency represented on the Committee +(including the Department of the Treasury) subject to advance +notification to the Committees on Appropriations of the House of +Representatives and the Senate: Provided further, That amounts so +transferred shall remain available until expended for expenses of +implementing section 721 of the Defense Production Act of 1950, as +amended (50 U.S.C. 4565), and shall be available in addition to any +other funds available to any department or agency: Provided further, +That fees authorized by section 721(p) of such Act shall be credited to +this appropriation as offsetting collections: Provided further, That +the total amount appropriated pursuant to this section from the general +fund shall be reduced as such offsetting collections are received +during this fiscal year, so as to result in a total appropriation from +the general fund estimated at not more than $5,000,000.''. + Sec. 128. Notwithstanding any other provision of this Act, except +section 106, the District of Columbia may expend local funds made +available under the heading ``District of Columbia--District of +Columbia Funds'' for such programs and activities under the District of +Columbia Appropriations Act, 2019 (title IV of division D of Public Law +116-6) at the rate set forth in the Fiscal Year 2020 Local Budget Act +of 2019 (D.C. Act 23-78), as modified as of the date of enactment of +this Act. + Sec. 129. In addition to amounts provided by section 101, amounts +are provided to the Office of Personnel Management for ``Salaries and +Expenses'' at a rate for operations of $48,000,000, for an additional +amount for administrative expenses: Provided, That of such amounts, +$29,760,000 shall be transferred from the appropriate trust funds of +the Office without regard to any other provision of law: Provided +further, That such amounts may be apportioned up to the rate for +operations necessary to maintain agency operations. + Sec. 130. Notwithstanding section 101, the matter preceding the +first proviso under the heading ``Small Business Administration-- +Business Loans Program Account'' in title V of division D of Public Law +116-6 shall be applied as if the following were inserted before the +colon: ``, and for the cost of guaranteed loans as authorized by +section 7(a) of the Small Business Act (Public Law 83-163), +$99,000,000, to remain available until expended'': Provided, That +amounts made available under such heading by this Act may be +apportioned up to the rate for operations necessary to accommodate +increased demand for commitments for general business loans authorized +under section 7(a) of the Small Business Act (15 U.S.C. 636(a)). + Sec. 131. Notwithstanding section 101, amounts are provided for +``Small Business Administration--Disaster Loans Program Account'' at a +rate for operations of $177,136,000: Provided, That amounts made +available under such heading by this Act may be apportioned up to the +rate for operations necessary to accommodate increased demand for +commitments for disaster administrative expenses authorized under +section 20(a) of the Small Business Act (15 U.S.C. 631): Provided +further, That the language under such heading in title V of division D +of Public Law 116-6 shall be applied by-- + (1) substituting ``$1,600,000'' for ``$1,000,000''; + (2) substituting ``$8,400,000'' for ``$9,000,000''; and + (3) inserting the following before the period: ``; and of + which $167,136,000 is for direct administrative expenses of + loan making and servicing to carry out the direct loan program, + which may be transferred to and merged with the appropriations + for Salaries and Expenses: Provided, That, of the funds + provided under this heading, $150,888,000 shall be for major + disasters declared pursuant to the Robert T. Stafford Disaster + Relief and Emergency Assistance Act (42 U.S.C. 5122(2)): + Provided further, That the amount for major disasters under + this heading is designated by Congress as being for disaster + relief pursuant to section 251(b)(2)(D) of the Balanced Budget + and Emergency Deficit Control Act of 1985 (Public Law 99- + 177)''. + Sec. 132. Amounts made available by section 101 to the Department +of Homeland Security for ``United States Secret Service--Operations and +Support'' may be apportioned up to the rate for operations necessary to +support hiring and operations required for protective activities +associated with the 2020 presidential election campaign. + Sec. 133. Amounts made available by section 101 to the Department +of Homeland Security for ``Federal Emergency Management Agency-- +Disaster Relief Fund'' may be apportioned up to the rate for operations +necessary to carry out response and recovery activities under the +Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 +U.S.C. 5121 et seq.). + Sec. 134. (a) Sections 1309(a) and 1319 of the National Flood +Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by +substituting the date specified in section 106(3) of this Act for +``September 30, 2019''. + (b) If this Act is enacted after September 30, 2019, this section +shall be applied as if it were in effect on September 30, 2019. + Sec. 135. Amounts made available by section 101 to the Department +of Homeland Security for ``Office of the Secretary and Executive +Management--Operations and Support'', ``Management Directorate-- +Operations and Support'', and ``Intelligence, Analysis, and Operations +Coordination--Operations and Support'' may be apportioned up to the +rate for operations necessary to carry out activities previously funded +by the Working Capital Fund of the Department of Homeland Security, +consistent with the fiscal year 2020 President's Budget. + Sec. 136. (a) In addition to amounts provided by section 101, +amounts are provided to the ``Department of Health and Human Services-- +Indian Health Service--Indian Health Services'' at a rate for +operations of $18,397,500, for an additional amount for costs of +staffing and operating facilities that were opened, renovated, or +expanded in fiscal years 2019 and 2020, and such amounts may be +apportioned up to the rate for operations necessary to staff and +operate such facilities. + (b) In addition to amounts provided by section 101, amounts are +provided for ``Department of Health and Human Services--Indian Health +Service--Indian Health Facilities'' at a rate for operations of +$631,000, for an additional amount for costs of staffing and operating +facilities that were opened, renovated, or expanded in fiscal years +2019 and 2020, and such amounts may be apportioned up to the rate for +operations necessary to staff and operate such facilities. + Sec. 137. Amounts made available by section 101 to the Department +of Health and Human Services for ``Centers for Disease Control and +Prevention--Public Health Preparedness and Response'' and ``Office of +the Secretary--Public Health and Social Services Emergency Fund'' may +be obligated in the account and budget structure, and under the +authorities and conditions, set forth in H.R. 2740, as passed by the +U.S. House of Representatives on June 19, 2019. + Sec. 138. During the period covered by this Act, up to $20,000,000 +of the unobligated amounts in the Infectious Diseases Rapid Response +Reserve Fund established by section 231 of division B of Public Law +115-245 may be transferred to ``Department of Health and Human +Services--Centers for Disease Control and Prevention--CDC-Wide +Activities and Program Support'' and shall be available until expended +for Ebola preparedness and response activities without regard to the +limitations in the third proviso in such section 231: Provided, That +the Director of the Centers for Disease Control and Prevention may +transfer such amounts to any of the appropriations accounts under the +heading ``Centers for Disease Control and Prevention'' for Ebola +response activities: Provided further, That such transfer authority +shall be in addition to any other transfer authority provided to the +Department of Health and Human Services. + Sec. 139. Section 114(f) of the Higher Education Act of 1965 (20 +U.S.C. 1011c(f)) shall be applied by substituting the date specified in +section 106(3) of this Act for ``September 30, 2019''. + Sec. 140. Amounts made available by section 101 for ``Department +of Veterans Affairs--Veterans Benefits Administration--General +Operating Expenses, Veterans Benefits Administration'' and ``Department +of Veterans Affairs--Departmental Administration--Information +Technology Systems'' may be apportioned up to the rate for operations +necessary to support projects and activities created by the Blue Water +Navy Vietnam Veterans Act of 2019 (Public Law 116-23). + Sec. 141. Section 7 of the Export-Import Bank Act of 1945 (12 +U.S.C. 635f) shall be applied by substituting the date specified in +section 106(3) of this Act for ``September 30, 2019''. + Sec. 142. Section 209 of the International Religious Freedom Act +of 1998 (22 U.S.C. 6436) shall be applied by substituting the date +specified in section 106(3) of this Act for ``September 30, 2019''. + Sec. 143. Title I of division L of Public Law 115-141 and title I +of division G of Public Law 116-6 shall be amended in the first +provisos in each Act under the headings ``Department of +Transportation--Federal Transit Administration--Capital Investment +Grants'' by striking ``obligated'' and inserting ``allocated''. + Sec. 144. Section 9503(e)(4) of the Internal Revenue Code of 1986 +shall not apply during the period covered by this Act. + Sec. 145. Amounts made available by section 101 to the Department +of Housing and Urban Development for ``Housing Programs--Housing for +the Elderly'' may be apportioned up to the rate for operations +necessary to maintain project rental assistance for the elderly under +section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)), +including making amendments to contracts for such assistance and +renewing expiring contracts for such assistance for up to a 1-year +term. + This division may be cited as the ``Continuing Appropriations Act, +2020''. + + DIVISION B--HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS + + TITLE I--PUBLIC HEALTH EXTENDERS + +SEC. 1101. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL HEALTH + SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE + GME PROGRAMS. + + (a) Community Health Centers.--Section 10503(b)(1)(F) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) +is amended by striking ``2018 and $4,000,000,000 for fiscal year +2019.'' and inserting ``2018, $4,000,000,000 for fiscal year 2019, and +$569,863,014 for the period beginning on October 1, 2019, and ending on +November 21, 2019; and''. + (b) National Health Service Corps.--Section 10503(b)(2) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is +amended-- + (1) in subparagraph (E), by striking ``; and'' and + inserting a semicolon; + (2) in subparagraph (F), by striking the period at the end + and inserting ``; and''; and + (3) by adding at the end the following: + ``(G) $44,164,384 for the period beginning on + October 1, 2019, and ending on November 21, 2019.''. + (c) Teaching Health Centers That Operate Graduate Medical Education +Programs.--Section 340H(g)(1) of the Public Health Service Act (42 +U.S.C. 256h(g)(1)) is amended-- + (1) by striking ``and $126,500,000'' and inserting + ``$126,500,000''; and + (2) by inserting ``and $18,021,918 for the period beginning + on October 1, 2019, and ending on November 21, 2019,'' before + ``to remain available''. + (d) Application of Provisions.--Amounts appropriated pursuant to +this section for the period beginning on October 1, 2019, and ending on +November 21, 2019, shall be subject to the requirements contained in +Public Law 115-245 for funds for programs authorized under sections 330 +through 340 of the Public Health Service Act (42 U.S.C. 254 through +256). + (e) Conforming Amendment.--Paragraph (4) of section 3014(h) of +title 18, United States Code, as amended by section 50901 of Public Law +115-123, is amended by striking ``and section 50901(e) of the Advancing +Chronic Care, Extenders, and Social Services Act'' and inserting ``, +section 50901(e) of the Advancing Chronic Care, Extenders, and Social +Services Act, and section 1101(d) of division B of the Continuing +Appropriations Act, 2020, and Health Extenders Act of 2019''. + +SEC. 1102. DIABETES PROGRAMS. + + (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act +(42 U.S.C. 254c-2(b)(2)(D)) is amended by inserting ``and $21,369,863 +for the period beginning on October 1, 2019, and ending on November 21, +2019,'' before ``to remain available''. + (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service +Act (42 U.S.C. 254c-3(c)(2)(D)) is amended by inserting ``and +$21,369,863 for the period beginning on October 1, 2019, and ending on +November 21, 2019,'' before ``to remain available''. + + TITLE II--OTHER HEALTH EXTENDERS + +SEC. 1201. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PROGRAM. + + Section 510 of the Social Security Act (42 U.S.C. 710) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A)-- + (I) by inserting after ``for each + of fiscal years 2018 and 2019'' the + following: ``and for the period + beginning October 1, 2019, and ending + November 21, 2019''; and + (II) by inserting after ``for the + fiscal year'' the following: ``(or, + with respect to such period, for fiscal + year 2020)''; and + (ii) in subparagraph (A), by striking ``for + the fiscal year'' each place it appears and + inserting ``for the fiscal year or period'' in + each such place; and + (B) in paragraph (2)-- + (i) in subparagraph (A)-- + (I) by inserting after ``for each + of fiscal years 2018 and 2019'' the + following: ``and for the period + beginning October 1, 2019, and ending + November 21, 2019''; and + (II) by inserting after ``for the + fiscal year'' the following: ``(or, + with respect to such period, for fiscal + year 2020)''; and + (ii) in subparagraph (B)(i), by inserting + after ``for the fiscal year'' the following: + ``(or, with respect to such period, for fiscal + year 2020)''; and + (2) in subsection (f)-- + (A) in paragraph (1), by inserting after ``for each + of fiscal years 2018 and 2019'' the following: ``and + $10,684,931 for the period beginning October 1, 2019, + and ending November 21, 2019''; and + (B) in paragraph (2), by inserting after ``for each + of fiscal years 2018 and 2019'' the following: ``and + for the period described in paragraph (1)''. + +SEC. 1202. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM. + + Section 513 of the Social Security Act (42 U.S.C. 713) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) in subparagraph (A)-- + (I) in the matter preceding clause + (i), by inserting after ``for each of + fiscal years 2010 through 2019'' the + following: ``and for the period + beginning October 1, 2019, and ending + November 21, 2019''; and + (II) in clause (i), by inserting + after ``for the fiscal year'' the + following: ``or period''; + (ii) in subparagraph (B)(i), by adding at + the end the following new sentence: ``The + previous sentence shall not apply with respect + to State allotments under this paragraph for + the period beginning October 1, 2019, and + ending November 21, 2019.''; and + (iii) in subparagraph (C)(i)-- + (I) by inserting after ``for a + fiscal year'' the following: ``or the + period described in subparagraph (A)''; + and + (II) by inserting after ``for the + fiscal year'' the following: ``or + period''; + (B) in paragraph (3)-- + (i) by inserting after ``for a fiscal + year'' the following: ``or the period described + in paragraph (1)(A)''; and + (ii) by striking ``the end of the second + succeeding fiscal year'' and inserting ``the + end of the second fiscal year following such + fiscal year or period''; and + (C) in paragraph (4)-- + (i) in subparagraph (A)-- + (I) by inserting after ``for each + of fiscal years 2010 through 2019'' the + following: ``and for the period + described in paragraph (1)(A)''; + (II) by inserting after ``for each + of fiscal years 2012 through 2019'' the + following: ``and for the period so + described''; and + (III) by inserting after ``for a + fiscal year'' the following: ``or the + period so described''; and + (ii) in subparagraph (B)(i), by striking + ``continue through fiscal year 2019'' and + inserting ``continue through the period + described in paragraph (1)(A)''; + (2) in subsection (c)-- + (A) in paragraph (1), by striking ``From the + amount'' and inserting ``Subject to paragraph (3), from + the amount''; + (B) in paragraph (2), by striking ``From the + amount'' and inserting ``Subject to paragraph (3), from + the amount''; and + (C) by adding at the end the following new + paragraph: + ``(3) Exception.--Paragraphs (1) and (2) shall not apply + with respect to any amount appropriated under subsection (f) + for the period described in subsection (a)(1)(A).''; and + (3) in subsection (f), by inserting after ``for each of + fiscal years 2010 through 2019'' the following: ``and + $10,684,931 for the period beginning October 1, 2019, and + ending November 21, 2019''. + + TITLE III--MEDICAID EXTENDERS + +SEC. 1301. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION + PROGRAM. + + Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 +(42 U.S.C. 1396a note) is amended by striking ``September 13, 2019'' +and inserting ``November 21, 2019''. + +SEC. 1302. TEMPORARY INCREASE IN FEDERAL MEDICAL ASSISTANCE PERCENTAGE + FOR TERRITORIES UNDER MEDICAID PROGRAM. + + Section 1905 of the Social Security Act (42 U.S.C. 1396d) is +amended-- + (1) in subsection (b), by striking ``and (aa)'' and + inserting ``(aa), and (ff)''; and + (2) by adding at the end the following new subsection: + ``(ff) Temporary Increase in FMAP for Territories.--Notwithstanding +subsection (b) or (z)(2), the Federal medical assistance percentage for +Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, +and American Samoa shall be equal to 100 percent for the period +beginning October 1, 2019, and ending November 21, 2019.''. + +SEC. 1303. DELAY OF REDUCTIONS IN MEDICAID DSH ALLOTMENTS. + + Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r- +4(f)(7)(A)) is amended-- + (1) in clause (i), in the matter preceding subclause (I), + by striking ``For each of fiscal years 2020 through 2025'' and + inserting ``For the period beginning November 22, 2019, and + ending September 30, 2020, and for each of fiscal years 2021 + through 2025''; and + (2) in clause (ii)(I), by striking ``for fiscal year 2020'' + and inserting ``for the period beginning November 22, 2019, and + ending September 30, 2020''. + + TITLE IV--MEDICARE EXTENDERS + +SEC. 1401. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, + AND SELECTION. + + Section 1890(d)(2) of the Social Security Act (42 U.S.C. +1395aaa(d)(2)) is amended-- + (1) in the first sentence-- + (A) by striking ``and $7,500,000'' and inserting + ``$7,500,000''; and + (B) by inserting before the period at the end the + following: ``, and $1,069,000 for the period beginning + on October 1, 2019, and ending on November 21, 2019''; + and + (2) in the third sentence, by inserting ``and for the + period beginning on October 1, 2019, and ending on November 21, + 2019,'' after ``2019''. + +SEC. 1402. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME + PROGRAMS. + + (a) Additional Funding for State Health Insurance Programs.-- +Subsection (a)(1)(B) of section 119 of the Medicare Improvements for +Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended +by section 3306 of the Patient Protection and Affordable Care Act +(Public Law 111-148), section 610 of the American Taxpayer Relief Act +of 2012 (Public Law 112-240), section 1110 of the Pathway for SGR +Reform Act of 2013 (Public Law 113-67), section 110 of the Protecting +Access to Medicare Act of 2014 (Public Law 113-93), section 208 of the +Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114- +10), and section 50207 of division E of the Bipartisan Budget Act of +2018 (Public Law 115-123), is amended-- + (1) in clause (vii), by striking ``and'' at the end; + (2) in clause (viii), by striking ``and'' at the end; + (3) in clause (ix), by striking the period at the end and + inserting ``; and''; and + (4) by inserting after clause (ix) the following new + clause: + ``(x) for the period beginning on October + 1, 2019, and ending on November 21, 2019, of + $1,852,000.''. + (b) Additional Funding for Area Agencies on Aging.--Subsection +(b)(1)(B) of such section 119, as so amended, is amended-- + (1) in clause (vii), by striking ``and'' at the end; + (2) in clause (viii), by striking ``and'' at the end; + (3) in clause (ix), by striking the period at the end and + inserting ``; and''; and + (4) by inserting after clause (ix) the following new + clause: + ``(x) for the period beginning on October + 1, 2019, and ending on November 21, 2019, of + $1,069,000.''. + (c) Additional Funding for Aging and Disability Resource Centers.-- +Subsection (c)(1)(B) of such section 119, as so amended, is amended-- + (1) in clause (vii), by striking ``and'' at the end; + (2) in clause (viii), by striking ``and'' at the end; + (3) in clause (ix), by striking the period at the end and + inserting ``; and''; and + (4) by inserting after clause (ix) the following new + clause: + ``(x) for the period beginning on October + 1, 2019, and ending on November 21, 2019, of + $712,000.''. + (d) Additional Funding for Contract With the National Center for +Benefits and Outreach Enrollment.--Subsection (d)(2) of such section +119, as so amended, is amended-- + (1) in clause (vii), by striking ``and'' at the end; + (2) in clause (viii), by striking ``and'' at the end; + (3) in clause (ix), by striking the period at the end and + inserting ``; and''; and + (4) by inserting after clause (ix) the following new + clause: + ``(x) for the period beginning on October + 1, 2019, and ending on November 21, 2019, of + $1,710,000.''. + +SEC. 1403. EXTENSION OF TERMINATION DATE OF PATIENT-CENTERED OUTCOMES + RESEARCH TRUST FUND. + + Section 9511(f) of the Internal Revenue Code of 1986 is amended by +striking ``September 30'' and inserting ``November 21''. + + TITLE V--HUMAN SERVICES EXTENDERS + +SEC. 1501. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS HEALTH + PROFESSIONS WORKFORCE NEEDS. + + Activities authorized by section 2008 of the Social Security Act +shall continue through November 21, 2019, in the manner authorized for +fiscal year 2019, and out of any money in the Treasury of the United +States not otherwise appropriated, there are hereby appropriated such +sums as may be necessary for such purpose. Grants and payments may be +made pursuant to this authority through the date so specified at the +pro rata portion of the total amount authorized for such activities in +fiscal year 2019. + +SEC. 1502. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES + PROGRAM AND RELATED PROGRAMS. + + Activities authorized by part A of title IV and section 1108(b) of +the Social Security Act shall continue through November 21, 2019, in +the manner authorized for fiscal year 2019, and out of any money in the +Treasury of the United States not otherwise appropriated, there are +hereby appropriated such sums as may be necessary for such purpose. + + TITLE VI--MISCELLANEOUS POLICIES + +SEC. 1601. ALASKA NATIVE REGIONAL HEALTH ENTITIES. + + Section 424(a) of the Consolidated Appropriations Act, 2014 (Public +Law 113-76), as amended by section 428 of the Consolidated +Appropriations Act, 2018 (Public Law 115-141), shall be applied by +substituting ``November 21, 2019'' for ``October 1, 2019''. + +SEC. 1602. INCREASING NUMERICAL LIMITATIONS OF THE WORLD TRADE CENTER + HEALTH PROGRAM. + + (a) World Trade Center Responders.--Section 3311(a)(4)(A) of the +Public Health Service Act (42 U.S.C. 300mm-21(a)(4)(A)) is amended by +striking ``25,000'' and inserting ``75,000''. + (b) World Trade Center Survivors.--Section 3321(a)(3)(A) of the +Public Health Service Act (42 U.S.C. 300mm-31(a)(3)(A)) is amended by +striking ``25,000'' and inserting ``75,000''. + (c) Rule of Construction Regarding Annual Funding Limitations.-- +Nothing in this section, or the amendments made by this section, shall +alter the annual limitations on amounts appropriated to the World Trade +Center Health Program Fund under section 3351(a)(2) of the Public +Health Service Act (42 U.S.C. 300mm-61(a)(2)). + +SEC. 1603. EXCLUDING AUTHORIZED GENERIC DRUGS FROM CALCULATION OF + AVERAGE MANUFACTURER PRICE FOR PURPOSES OF THE MEDICAID + DRUG REBATE PROGRAM; EXCLUDING MANUFACTURERS FROM + DEFINITION OF WHOLESALER. + + (a) In General.--Subparagraph (C) of section 1927(k)(1) of the +Social Security Act (42 U.S.C. 1396r-8(k)(1)) is amended-- + (1) in the subparagraph heading, by striking ``INCLUSION'' + and inserting ``EXCLUSION''; + (2) by striking ``a new drug application'' and inserting + ``the manufacturer's new drug application''; and + (3) by striking ``inclusive'' and inserting ``exclusive''. + (b) Excluding Manufacturers From Definition of Wholesaler.--Section +1927(k)(11) of the Social Security Act (42 U.S.C. 1396r-8(k)(11)) is +amended-- + (1) by striking ``manufacturers,''; and + (2) by striking ``manufacturer's and''. + (c) Effective Date.--The amendments made by this section shall take +effect on the first day of the first fiscal quarter that begins after +the date of enactment of this Act. + +SEC. 1604. MEDICAID IMPROVEMENT FUND. + + Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)), +as amended by section 2 of Public Law 116-29, is amended-- + (1) in paragraph (1), by striking ``$1,000,000'' and + inserting ``$0''; and + (2) in paragraph (3)-- + (A) by striking ``2023'' each place it appears and + inserting ``2025''; and + (B) in subparagraph (A), by striking ``$0'' and + inserting ``$2,387,000,000''. + + TITLE VII--BUDGETARY EFFECTS + +SEC. 1701. BUDGETARY EFFECTS. + + (a) Statutory PAYGO Scorecards.--The budgetary effects of this +division shall not be entered on either PAYGO scorecard maintained +pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of this +division shall not be entered on any PAYGO scorecard maintained for +purposes of section 4106 of H. Con. Res. 71 (115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(8) of the Balanced Budget and Emergency +Deficit Control Act of 1985, the budgetary effects of this division +shall not be estimated-- + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. + \ No newline at end of file From 521d75ba8e0f7b97c5dbdf6430d495e5c3f87a69 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 416/984] House-4378: Engrossed in House --- bills_text/House-4378.txt | 38 +++++++++++++++++++------------------- 1 file changed, 19 insertions(+), 19 deletions(-) diff --git a/bills_text/House-4378.txt b/bills_text/House-4378.txt index 6d09973..857c32f 100644 --- a/bills_text/House-4378.txt +++ b/bills_text/House-4378.txt @@ -2,26 +2,9 @@ 1st Session H. R. 4378 - Making continuing appropriations for fiscal year 2020, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - September 18, 2019 - - Mrs. Lowey introduced the following bill; which was referred to the - Committee on Appropriations, and in addition to the Committee on the - Budget, for a period to be subsequently determined by the Speaker, in - each case for consideration of such provisions as fall within the - jurisdiction of the committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -919,4 +902,21 @@ shall not be estimated-- (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. - \ No newline at end of file + + Passed the House of Representatives September 19, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4378 + +_______________________________________________________________________ + + AN ACT + + Making continuing appropriations for fiscal year 2020, and for other + purposes. From 5d3cd0c43e0ce722b0a9a027655ea03365725cc0 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 417/984] House-4378: Enrolled --- bills_text/House-4378.txt | 641 +++++++++++++++++--------------------- 1 file changed, 290 insertions(+), 351 deletions(-) diff --git a/bills_text/House-4378.txt b/bills_text/House-4378.txt index 857c32f..e814433 100644 --- a/bills_text/House-4378.txt +++ b/bills_text/House-4378.txt @@ -1,51 +1,56 @@ -116th CONGRESS - 1st Session - H. R. 4378 + H.R.4378 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - Making continuing appropriations for fiscal year 2020, and for other - purposes. + Making continuing appropriations for fiscal year 2020, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Continuing Appropriations Act, 2020, and Health Extenders Act of 2019''. - SEC. 2. TABLE OF CONTENTS. - The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of Contents. Sec. 3. References. - DIVISION A--CONTINUING APPROPRIATIONS ACT, 2020 - DIVISION B--HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS + DIVISION A--CONTINUING APPROPRIATIONS ACT, 2020 + + DIVISION B--HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS TITLE I--PUBLIC HEALTH EXTENDERS TITLE II--OTHER HEALTH EXTENDERS - TITLE III--MEDICAID EXTENDERS + TITLE III--MEDICAID EXTENDERS TITLE IV--MEDICARE EXTENDERS - TITLE V--HUMAN SERVICES EXTENDERS + TITLE V--HUMAN SERVICES EXTENDERS TITLE VI--MISCELLANEOUS POLICIES TITLE VII--BUDGETARY EFFECTS SEC. 3. REFERENCES. - Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. @@ -65,60 +70,59 @@ loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2019, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: - (1) The Agriculture, Rural Development, Food and Drug - Administration, and Related Agencies Appropriations Act, 2019 - (division B of Public Law 116-6), except that the language - under the heading ``Rural Utilities Service--Rural Water and - Waste Disposal Program Account'' in title III shall be applied - by inserting ``the cost of direct loans,'' before ``loan - guarantees'' at the beginning of the second sentence in the - matter preceding the first proviso. - (2) The Commerce, Justice, Science, and Related Agencies - Appropriations Act, 2019 (division C of Public Law 116-6), - except section 523(b)(6). - (3) The Department of Defense Appropriations Act, 2019 - (division A of Public Law 115-245). - (4) The Energy and Water Development and Related Agencies - Appropriations Act, 2019 (division A of Public Law 115-244), - except section 505. - (5) The Financial Services and General Government - Appropriations Act, 2019 (division D of Public Law 116-6). - (6) The Department of Homeland Security Appropriations Act, - 2019 (division A of Public Law 116-6) as amended, and title I - of division H of Public Law 116-6. - (7) The Department of the Interior, Environment, and - Related Agencies Appropriations Act, 2019 (division E of Public - Law 116-6). - (8) The Departments of Labor, Health and Human Services, - and Education, and Related Agencies Appropriations Act, 2019 - (division B of Public Law 115-245). - (9) The Legislative Branch Appropriations Act, 2019 - (division B of Public Law 115-244). - (10) The Military Construction, Veterans Affairs, and - Related Agencies Appropriations Act, 2019 (division C of Public - Law 115-244). - (11) The Department of State, Foreign Operations, and - Related Programs Appropriations Act, 2019 (division F of Public - Law 116-6), except section 7058(d). - (12) The Transportation, Housing and Urban Development, and - Related Agencies Appropriations Act, 2019 (division G of Public - Law 116-6). + (1) The Agriculture, Rural Development, Food and Drug + Administration, and Related Agencies Appropriations Act, 2019 + (division B of Public Law 116-6), except that the language under + the heading ``Rural Utilities Service--Rural Water and Waste + Disposal Program Account'' in title III shall be applied by + inserting ``the cost of direct loans,'' before ``loan guarantees'' + at the beginning of the second sentence in the matter preceding the + first proviso. + (2) The Commerce, Justice, Science, and Related Agencies + Appropriations Act, 2019 (division C of Public Law 116-6), except + section 523(b)(6). + (3) The Department of Defense Appropriations Act, 2019 + (division A of Public Law 115-245). + (4) The Energy and Water Development and Related Agencies + Appropriations Act, 2019 (division A of Public Law 115-244), except + section 505. + (5) The Financial Services and General Government + Appropriations Act, 2019 (division D of Public Law 116-6). + (6) The Department of Homeland Security Appropriations Act, + 2019 (division A of Public Law 116-6) as amended, and title I of + division H of Public Law 116-6. + (7) The Department of the Interior, Environment, and Related + Agencies Appropriations Act, 2019 (division E of Public Law 116-6). + (8) The Departments of Labor, Health and Human Services, and + Education, and Related Agencies Appropriations Act, 2019 (division + B of Public Law 115-245). + (9) The Legislative Branch Appropriations Act, 2019 (division B + of Public Law 115-244). + (10) The Military Construction, Veterans Affairs, and Related + Agencies Appropriations Act, 2019 (division C of Public Law 115- + 244). + (11) The Department of State, Foreign Operations, and Related + Programs Appropriations Act, 2019 (division F of Public Law 116-6), + except section 7058(d). + (12) The Transportation, Housing and Urban Development, and + Related Agencies Appropriations Act, 2019 (division G of Public Law + 116-6). Sec. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: - (1) the new production of items not funded for production - in fiscal year 2019 or prior years; - (2) the increase in production rates above those sustained - with fiscal year 2019 funds; or - (3) the initiation, resumption, or continuation of any - project, activity, operation, or organization (defined as any - project, subproject, activity, budget activity, program - element, and subprogram within a program element, and for any - investment items defined as a P-1 line item in a budget - activity within an appropriation account and an R-1 line item - that includes a program element and subprogram element within - an appropriation account) for which appropriations, funds, or - other authority were not available during fiscal year 2019. + (1) the new production of items not funded for production in + fiscal year 2019 or prior years; + (2) the increase in production rates above those sustained with + fiscal year 2019 funds; or + (3) the initiation, resumption, or continuation of any project, + activity, operation, or organization (defined as any project, + subproject, activity, budget activity, program element, and + subprogram within a program element, and for any investment items + defined as a P-1 line item in a budget activity within an + appropriation account and an R-1 line item that includes a program + element and subprogram element within an appropriation account) for + which appropriations, funds, or other authority were not available + during fiscal year 2019. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding @@ -140,12 +144,12 @@ such project or activity are available under this Act. applicable appropriations Act for fiscal year 2020, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: - (1) The enactment into law of an appropriation for any - project or activity provided for in this Act. - (2) The enactment into law of the applicable appropriations - Act for fiscal year 2020 without any provision for such project - or activity. - (3) November 21, 2019. + (1) The enactment into law of an appropriation for any project + or activity provided for in this Act. + (2) The enactment into law of the applicable appropriations Act + for fiscal year 2020 without any provision for such project or + activity. + (3) November 21, 2019. Sec. 107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is @@ -212,24 +216,24 @@ of this Act, and shall remain in effect through the date in section Sec. 115. (a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)-- - (1) to which other appropriations are not provided by this - Act, but for which there is a current applicable TAFS that does - receive an appropriation in this Act; or - (2) which are no-year TAFS and receive other appropriations - in this Act, + (1) to which other appropriations are not provided by this Act, + but for which there is a current applicable TAFS that does receive + an appropriation in this Act; or + (2) which are no-year TAFS and receive other appropriations in + this Act, may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS, as long as doing so does not impinge on the final funding prerogatives of the Congress. (b) Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of-- - (1) the amount specified for rescission or cancellation in - the applicable appropriations Act referenced in section 101 of - this Act; or - (2) the amount of balances available, as of October 1, - 2019, from the funds specified for rescission or cancellation - in the applicable appropriations Act referenced in section 101 - of this Act. + (1) the amount specified for rescission or cancellation in the + applicable appropriations Act referenced in section 101 of this + Act; or + (2) the amount of balances available, as of October 1, 2019, + from the funds specified for rescission or cancellation in the + applicable appropriations Act referenced in section 101 of this + Act. (c) No later than November 11, 2019, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of @@ -400,21 +404,20 @@ commitments for disaster administrative expenses authorized under section 20(a) of the Small Business Act (15 U.S.C. 631): Provided further, That the language under such heading in title V of division D of Public Law 116-6 shall be applied by-- - (1) substituting ``$1,600,000'' for ``$1,000,000''; - (2) substituting ``$8,400,000'' for ``$9,000,000''; and - (3) inserting the following before the period: ``; and of - which $167,136,000 is for direct administrative expenses of - loan making and servicing to carry out the direct loan program, - which may be transferred to and merged with the appropriations - for Salaries and Expenses: Provided, That, of the funds - provided under this heading, $150,888,000 shall be for major - disasters declared pursuant to the Robert T. Stafford Disaster - Relief and Emergency Assistance Act (42 U.S.C. 5122(2)): - Provided further, That the amount for major disasters under - this heading is designated by Congress as being for disaster - relief pursuant to section 251(b)(2)(D) of the Balanced Budget - and Emergency Deficit Control Act of 1985 (Public Law 99- - 177)''. + (1) substituting ``$1,600,000'' for ``$1,000,000''; + (2) substituting ``$8,400,000'' for ``$9,000,000''; and + (3) inserting the following before the period: ``; and of which + $167,136,000 is for direct administrative expenses of loan making + and servicing to carry out the direct loan program, which may be + transferred to and merged with the appropriations for Salaries and + Expenses: Provided, That, of the funds provided under this heading, + $150,888,000 shall be for major disasters declared pursuant to the + Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 + U.S.C. 5122(2)): Provided further, That the amount for major + disasters under this heading is designated by Congress as being for + disaster relief pursuant to section 251(b)(2)(D) of the Balanced + Budget and Emergency Deficit Control Act of 1985 (Public Law 99- + 177)''. Sec. 132. Amounts made available by section 101 to the Department of Homeland Security for ``United States Secret Service--Operations and Support'' may be apportioned up to the rate for operations necessary to @@ -511,13 +514,10 @@ term. 2020''. DIVISION B--HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS - TITLE I--PUBLIC HEALTH EXTENDERS SEC. 1101. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL HEALTH - SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE - GME PROGRAMS. - +SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE GME PROGRAMS. (a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is amended by striking ``2018 and $4,000,000,000 for fiscal year @@ -527,21 +527,21 @@ November 21, 2019; and''. (b) National Health Service Corps.--Section 10503(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is amended-- - (1) in subparagraph (E), by striking ``; and'' and - inserting a semicolon; - (2) in subparagraph (F), by striking the period at the end - and inserting ``; and''; and - (3) by adding at the end the following: - ``(G) $44,164,384 for the period beginning on - October 1, 2019, and ending on November 21, 2019.''. + (1) in subparagraph (E), by striking ``; and'' and inserting a + semicolon; + (2) in subparagraph (F), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(G) $44,164,384 for the period beginning on October 1, + 2019, and ending on November 21, 2019.''. (c) Teaching Health Centers That Operate Graduate Medical Education Programs.--Section 340H(g)(1) of the Public Health Service Act (42 U.S.C. 256h(g)(1)) is amended-- - (1) by striking ``and $126,500,000'' and inserting - ``$126,500,000''; and - (2) by inserting ``and $18,021,918 for the period beginning - on October 1, 2019, and ending on November 21, 2019,'' before - ``to remain available''. + (1) by striking ``and $126,500,000'' and inserting + ``$126,500,000''; and + (2) by inserting ``and $18,021,918 for the period beginning on + October 1, 2019, and ending on November 21, 2019,'' before ``to + remain available''. (d) Application of Provisions.--Amounts appropriated pursuant to this section for the period beginning on October 1, 2019, and ending on November 21, 2019, shall be subject to the requirements contained in @@ -555,9 +555,7 @@ Chronic Care, Extenders, and Social Services Act'' and inserting ``, section 50901(e) of the Advancing Chronic Care, Extenders, and Social Services Act, and section 1101(d) of division B of the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019''. - SEC. 1102. DIABETES PROGRAMS. - (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-2(b)(2)(D)) is amended by inserting ``and $21,369,863 for the period beginning on October 1, 2019, and ending on November 21, @@ -570,177 +568,153 @@ November 21, 2019,'' before ``to remain available''. TITLE II--OTHER HEALTH EXTENDERS SEC. 1201. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PROGRAM. - Section 510 of the Social Security Act (42 U.S.C. 710) is amended-- - (1) in subsection (a)-- - (A) in paragraph (1)-- - (i) in the matter preceding subparagraph - (A)-- - (I) by inserting after ``for each - of fiscal years 2018 and 2019'' the - following: ``and for the period - beginning October 1, 2019, and ending - November 21, 2019''; and - (II) by inserting after ``for the - fiscal year'' the following: ``(or, - with respect to such period, for fiscal - year 2020)''; and - (ii) in subparagraph (A), by striking ``for - the fiscal year'' each place it appears and - inserting ``for the fiscal year or period'' in - each such place; and - (B) in paragraph (2)-- - (i) in subparagraph (A)-- - (I) by inserting after ``for each - of fiscal years 2018 and 2019'' the - following: ``and for the period - beginning October 1, 2019, and ending - November 21, 2019''; and - (II) by inserting after ``for the - fiscal year'' the following: ``(or, - with respect to such period, for fiscal - year 2020)''; and - (ii) in subparagraph (B)(i), by inserting - after ``for the fiscal year'' the following: - ``(or, with respect to such period, for fiscal - year 2020)''; and - (2) in subsection (f)-- - (A) in paragraph (1), by inserting after ``for each - of fiscal years 2018 and 2019'' the following: ``and - $10,684,931 for the period beginning October 1, 2019, - and ending November 21, 2019''; and - (B) in paragraph (2), by inserting after ``for each - of fiscal years 2018 and 2019'' the following: ``and - for the period described in paragraph (1)''. - + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph (A)-- + + (I) by inserting after ``for each of fiscal years + 2018 and 2019'' the following: ``and for the period + beginning October 1, 2019, and ending November 21, + 2019''; and + (II) by inserting after ``for the fiscal year'' the + following: ``(or, with respect to such period, for + fiscal year 2020)''; and + + (ii) in subparagraph (A), by striking ``for the fiscal + year'' each place it appears and inserting ``for the fiscal + year or period'' in each such place; and + (B) in paragraph (2)-- + (i) in subparagraph (A)-- + + (I) by inserting after ``for each of fiscal years + 2018 and 2019'' the following: ``and for the period + beginning October 1, 2019, and ending November 21, + 2019''; and + (II) by inserting after ``for the fiscal year'' the + following: ``(or, with respect to such period, for + fiscal year 2020)''; and + + (ii) in subparagraph (B)(i), by inserting after ``for + the fiscal year'' the following: ``(or, with respect to + such period, for fiscal year 2020)''; and + (2) in subsection (f)-- + (A) in paragraph (1), by inserting after ``for each of + fiscal years 2018 and 2019'' the following: ``and $10,684,931 + for the period beginning October 1, 2019, and ending November + 21, 2019''; and + (B) in paragraph (2), by inserting after ``for each of + fiscal years 2018 and 2019'' the following: ``and for the + period described in paragraph (1)''. SEC. 1202. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM. - Section 513 of the Social Security Act (42 U.S.C. 713) is amended-- - (1) in subsection (a)-- - (A) in paragraph (1)-- - (i) in subparagraph (A)-- - (I) in the matter preceding clause - (i), by inserting after ``for each of - fiscal years 2010 through 2019'' the - following: ``and for the period - beginning October 1, 2019, and ending - November 21, 2019''; and - (II) in clause (i), by inserting - after ``for the fiscal year'' the - following: ``or period''; - (ii) in subparagraph (B)(i), by adding at - the end the following new sentence: ``The - previous sentence shall not apply with respect - to State allotments under this paragraph for - the period beginning October 1, 2019, and - ending November 21, 2019.''; and - (iii) in subparagraph (C)(i)-- - (I) by inserting after ``for a - fiscal year'' the following: ``or the - period described in subparagraph (A)''; - and - (II) by inserting after ``for the - fiscal year'' the following: ``or - period''; - (B) in paragraph (3)-- - (i) by inserting after ``for a fiscal - year'' the following: ``or the period described - in paragraph (1)(A)''; and - (ii) by striking ``the end of the second - succeeding fiscal year'' and inserting ``the - end of the second fiscal year following such - fiscal year or period''; and - (C) in paragraph (4)-- - (i) in subparagraph (A)-- - (I) by inserting after ``for each - of fiscal years 2010 through 2019'' the - following: ``and for the period - described in paragraph (1)(A)''; - (II) by inserting after ``for each - of fiscal years 2012 through 2019'' the - following: ``and for the period so - described''; and - (III) by inserting after ``for a - fiscal year'' the following: ``or the - period so described''; and - (ii) in subparagraph (B)(i), by striking - ``continue through fiscal year 2019'' and - inserting ``continue through the period - described in paragraph (1)(A)''; - (2) in subsection (c)-- - (A) in paragraph (1), by striking ``From the - amount'' and inserting ``Subject to paragraph (3), from - the amount''; - (B) in paragraph (2), by striking ``From the - amount'' and inserting ``Subject to paragraph (3), from - the amount''; and - (C) by adding at the end the following new - paragraph: - ``(3) Exception.--Paragraphs (1) and (2) shall not apply - with respect to any amount appropriated under subsection (f) - for the period described in subsection (a)(1)(A).''; and - (3) in subsection (f), by inserting after ``for each of - fiscal years 2010 through 2019'' the following: ``and - $10,684,931 for the period beginning October 1, 2019, and - ending November 21, 2019''. + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) in subparagraph (A)-- + + (I) in the matter preceding clause (i), by + inserting after ``for each of fiscal years 2010 through + 2019'' the following: ``and for the period beginning + October 1, 2019, and ending November 21, 2019''; and + (II) in clause (i), by inserting after ``for the + fiscal year'' the following: ``or period''; + + (ii) in subparagraph (B)(i), by adding at the end the + following new sentence: ``The previous sentence shall not + apply with respect to State allotments under this paragraph + for the period beginning October 1, 2019, and ending + November 21, 2019.''; and + (iii) in subparagraph (C)(i)-- + + (I) by inserting after ``for a fiscal year'' the + following: ``or the period described in subparagraph + (A)''; and + (II) by inserting after ``for the fiscal year'' the + following: ``or period''; + + (B) in paragraph (3)-- + (i) by inserting after ``for a fiscal year'' the + following: ``or the period described in paragraph (1)(A)''; + and + (ii) by striking ``the end of the second succeeding + fiscal year'' and inserting ``the end of the second fiscal + year following such fiscal year or period''; and + (C) in paragraph (4)-- + (i) in subparagraph (A)-- + + (I) by inserting after ``for each of fiscal years + 2010 through 2019'' the following: ``and for the period + described in paragraph (1)(A)''; + (II) by inserting after ``for each of fiscal years + 2012 through 2019'' the following: ``and for the period + so described''; and + (III) by inserting after ``for a fiscal year'' the + following: ``or the period so described''; and + + (ii) in subparagraph (B)(i), by striking ``continue + through fiscal year 2019'' and inserting ``continue through + the period described in paragraph (1)(A)''; + (2) in subsection (c)-- + (A) in paragraph (1), by striking ``From the amount'' and + inserting ``Subject to paragraph (3), from the amount''; + (B) in paragraph (2), by striking ``From the amount'' and + inserting ``Subject to paragraph (3), from the amount''; and + (C) by adding at the end the following new paragraph: + ``(3) Exception.--Paragraphs (1) and (2) shall not apply with + respect to any amount appropriated under subsection (f) for the + period described in subsection (a)(1)(A).''; and + (3) in subsection (f), by inserting after ``for each of fiscal + years 2010 through 2019'' the following: ``and $10,684,931 for the + period beginning October 1, 2019, and ending November 21, 2019''. TITLE III--MEDICAID EXTENDERS SEC. 1301. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION - PROGRAM. - +PROGRAM. Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note) is amended by striking ``September 13, 2019'' and inserting ``November 21, 2019''. - SEC. 1302. TEMPORARY INCREASE IN FEDERAL MEDICAL ASSISTANCE PERCENTAGE - FOR TERRITORIES UNDER MEDICAID PROGRAM. - +FOR TERRITORIES UNDER MEDICAID PROGRAM. Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- - (1) in subsection (b), by striking ``and (aa)'' and - inserting ``(aa), and (ff)''; and - (2) by adding at the end the following new subsection: + (1) in subsection (b), by striking ``and (aa)'' and inserting + ``(aa), and (ff)''; and + (2) by adding at the end the following new subsection: ``(ff) Temporary Increase in FMAP for Territories.--Notwithstanding subsection (b) or (z)(2), the Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be equal to 100 percent for the period beginning October 1, 2019, and ending November 21, 2019.''. - SEC. 1303. DELAY OF REDUCTIONS IN MEDICAID DSH ALLOTMENTS. - Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r- 4(f)(7)(A)) is amended-- - (1) in clause (i), in the matter preceding subclause (I), - by striking ``For each of fiscal years 2020 through 2025'' and - inserting ``For the period beginning November 22, 2019, and - ending September 30, 2020, and for each of fiscal years 2021 - through 2025''; and - (2) in clause (ii)(I), by striking ``for fiscal year 2020'' - and inserting ``for the period beginning November 22, 2019, and - ending September 30, 2020''. + (1) in clause (i), in the matter preceding subclause (I), by + striking ``For each of fiscal years 2020 through 2025'' and + inserting ``For the period beginning November 22, 2019, and ending + September 30, 2020, and for each of fiscal years 2021 through + 2025''; and + (2) in clause (ii)(I), by striking ``for fiscal year 2020'' and + inserting ``for the period beginning November 22, 2019, and ending + September 30, 2020''. TITLE IV--MEDICARE EXTENDERS SEC. 1401. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, - AND SELECTION. - +AND SELECTION. Section 1890(d)(2) of the Social Security Act (42 U.S.C. 1395aaa(d)(2)) is amended-- - (1) in the first sentence-- - (A) by striking ``and $7,500,000'' and inserting - ``$7,500,000''; and - (B) by inserting before the period at the end the - following: ``, and $1,069,000 for the period beginning - on October 1, 2019, and ending on November 21, 2019''; - and - (2) in the third sentence, by inserting ``and for the - period beginning on October 1, 2019, and ending on November 21, - 2019,'' after ``2019''. - + (1) in the first sentence-- + (A) by striking ``and $7,500,000'' and inserting + ``$7,500,000''; and + (B) by inserting before the period at the end the + following: ``, and $1,069,000 for the period beginning on + October 1, 2019, and ending on November 21, 2019''; and + (2) in the third sentence, by inserting ``and for the period + beginning on October 1, 2019, and ending on November 21, 2019,'' + after ``2019''. SEC. 1402. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME - PROGRAMS. - +PROGRAMS. (a) Additional Funding for State Health Insurance Programs.-- Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended @@ -752,61 +726,50 @@ Access to Medicare Act of 2014 (Public Law 113-93), section 208 of the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114- 10), and section 50207 of division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), is amended-- - (1) in clause (vii), by striking ``and'' at the end; - (2) in clause (viii), by striking ``and'' at the end; - (3) in clause (ix), by striking the period at the end and - inserting ``; and''; and - (4) by inserting after clause (ix) the following new - clause: - ``(x) for the period beginning on October - 1, 2019, and ending on November 21, 2019, of - $1,852,000.''. + (1) in clause (vii), by striking ``and'' at the end; + (2) in clause (viii), by striking ``and'' at the end; + (3) in clause (ix), by striking the period at the end and + inserting ``; and''; and + (4) by inserting after clause (ix) the following new clause: + ``(x) for the period beginning on October 1, 2019, and + ending on November 21, 2019, of $1,852,000.''. (b) Additional Funding for Area Agencies on Aging.--Subsection (b)(1)(B) of such section 119, as so amended, is amended-- - (1) in clause (vii), by striking ``and'' at the end; - (2) in clause (viii), by striking ``and'' at the end; - (3) in clause (ix), by striking the period at the end and - inserting ``; and''; and - (4) by inserting after clause (ix) the following new - clause: - ``(x) for the period beginning on October - 1, 2019, and ending on November 21, 2019, of - $1,069,000.''. + (1) in clause (vii), by striking ``and'' at the end; + (2) in clause (viii), by striking ``and'' at the end; + (3) in clause (ix), by striking the period at the end and + inserting ``; and''; and + (4) by inserting after clause (ix) the following new clause: + ``(x) for the period beginning on October 1, 2019, and + ending on November 21, 2019, of $1,069,000.''. (c) Additional Funding for Aging and Disability Resource Centers.-- Subsection (c)(1)(B) of such section 119, as so amended, is amended-- - (1) in clause (vii), by striking ``and'' at the end; - (2) in clause (viii), by striking ``and'' at the end; - (3) in clause (ix), by striking the period at the end and - inserting ``; and''; and - (4) by inserting after clause (ix) the following new - clause: - ``(x) for the period beginning on October - 1, 2019, and ending on November 21, 2019, of - $712,000.''. + (1) in clause (vii), by striking ``and'' at the end; + (2) in clause (viii), by striking ``and'' at the end; + (3) in clause (ix), by striking the period at the end and + inserting ``; and''; and + (4) by inserting after clause (ix) the following new clause: + ``(x) for the period beginning on October 1, 2019, and + ending on November 21, 2019, of $712,000.''. (d) Additional Funding for Contract With the National Center for Benefits and Outreach Enrollment.--Subsection (d)(2) of such section 119, as so amended, is amended-- - (1) in clause (vii), by striking ``and'' at the end; - (2) in clause (viii), by striking ``and'' at the end; - (3) in clause (ix), by striking the period at the end and - inserting ``; and''; and - (4) by inserting after clause (ix) the following new - clause: - ``(x) for the period beginning on October - 1, 2019, and ending on November 21, 2019, of - $1,710,000.''. - + (1) in clause (vii), by striking ``and'' at the end; + (2) in clause (viii), by striking ``and'' at the end; + (3) in clause (ix), by striking the period at the end and + inserting ``; and''; and + (4) by inserting after clause (ix) the following new clause: + ``(x) for the period beginning on October 1, 2019, and + ending on November 21, 2019, of $1,710,000.''. SEC. 1403. EXTENSION OF TERMINATION DATE OF PATIENT-CENTERED OUTCOMES - RESEARCH TRUST FUND. - +RESEARCH TRUST FUND. Section 9511(f) of the Internal Revenue Code of 1986 is amended by striking ``September 30'' and inserting ``November 21''. TITLE V--HUMAN SERVICES EXTENDERS SEC. 1501. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS HEALTH - PROFESSIONS WORKFORCE NEEDS. - +PROFESSIONS WORKFORCE NEEDS. Activities authorized by section 2008 of the Social Security Act shall continue through November 21, 2019, in the manner authorized for fiscal year 2019, and out of any money in the Treasury of the United @@ -815,10 +778,8 @@ sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the date so specified at the pro rata portion of the total amount authorized for such activities in fiscal year 2019. - SEC. 1502. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES - PROGRAM AND RELATED PROGRAMS. - +PROGRAM AND RELATED PROGRAMS. Activities authorized by part A of title IV and section 1108(b) of the Social Security Act shall continue through November 21, 2019, in the manner authorized for fiscal year 2019, and out of any money in the @@ -828,15 +789,12 @@ hereby appropriated such sums as may be necessary for such purpose. TITLE VI--MISCELLANEOUS POLICIES SEC. 1601. ALASKA NATIVE REGIONAL HEALTH ENTITIES. - Section 424(a) of the Consolidated Appropriations Act, 2014 (Public Law 113-76), as amended by section 428 of the Consolidated Appropriations Act, 2018 (Public Law 115-141), shall be applied by substituting ``November 21, 2019'' for ``October 1, 2019''. - SEC. 1602. INCREASING NUMERICAL LIMITATIONS OF THE WORLD TRADE CENTER - HEALTH PROGRAM. - +HEALTH PROGRAM. (a) World Trade Center Responders.--Section 3311(a)(4)(A) of the Public Health Service Act (42 U.S.C. 300mm-21(a)(4)(A)) is amended by striking ``25,000'' and inserting ``75,000''. @@ -848,44 +806,38 @@ Nothing in this section, or the amendments made by this section, shall alter the annual limitations on amounts appropriated to the World Trade Center Health Program Fund under section 3351(a)(2) of the Public Health Service Act (42 U.S.C. 300mm-61(a)(2)). - SEC. 1603. EXCLUDING AUTHORIZED GENERIC DRUGS FROM CALCULATION OF - AVERAGE MANUFACTURER PRICE FOR PURPOSES OF THE MEDICAID - DRUG REBATE PROGRAM; EXCLUDING MANUFACTURERS FROM - DEFINITION OF WHOLESALER. - +AVERAGE MANUFACTURER PRICE FOR PURPOSES OF THE MEDICAID DRUG REBATE +PROGRAM; EXCLUDING MANUFACTURERS FROM DEFINITION OF WHOLESALER. (a) In General.--Subparagraph (C) of section 1927(k)(1) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)) is amended-- - (1) in the subparagraph heading, by striking ``INCLUSION'' - and inserting ``EXCLUSION''; - (2) by striking ``a new drug application'' and inserting - ``the manufacturer's new drug application''; and - (3) by striking ``inclusive'' and inserting ``exclusive''. + (1) in the subparagraph heading, by striking ``INCLUSION'' and + inserting ``EXCLUSION''; + (2) by striking ``a new drug application'' and inserting ``the + manufacturer's new drug application''; and + (3) by striking ``inclusive'' and inserting ``exclusive''. (b) Excluding Manufacturers From Definition of Wholesaler.--Section 1927(k)(11) of the Social Security Act (42 U.S.C. 1396r-8(k)(11)) is amended-- - (1) by striking ``manufacturers,''; and - (2) by striking ``manufacturer's and''. + (1) by striking ``manufacturers,''; and + (2) by striking ``manufacturer's and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal quarter that begins after the date of enactment of this Act. - SEC. 1604. MEDICAID IMPROVEMENT FUND. - Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)), as amended by section 2 of Public Law 116-29, is amended-- - (1) in paragraph (1), by striking ``$1,000,000'' and - inserting ``$0''; and - (2) in paragraph (3)-- - (A) by striking ``2023'' each place it appears and - inserting ``2025''; and - (B) in subparagraph (A), by striking ``$0'' and - inserting ``$2,387,000,000''. + (1) in paragraph (1), by striking ``$1,000,000'' and inserting + ``$0''; and + (2) in paragraph (3)-- + (A) by striking ``2023'' each place it appears and + inserting ``2025''; and + (B) in subparagraph (A), by striking ``$0'' and inserting + ``$2,387,000,000''. TITLE VII--BUDGETARY EFFECTS SEC. 1701. BUDGETARY EFFECTS. - (a) Statutory PAYGO Scorecards.--The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. @@ -898,25 +850,12 @@ statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated-- - (1) for purposes of section 251 of such Act; and - (2) for purposes of paragraph (4)(C) of section 3 of the - Statutory Pay-As-You-Go Act of 2010 as being included in an - appropriation Act. - - Passed the House of Representatives September 19, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4378 - -_______________________________________________________________________ + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. - AN ACT + Speaker of the House of Representatives. - Making continuing appropriations for fiscal year 2020, and for other - purposes. + Vice President of the United States and + President of the Senate. From 65088a7ab0b62e407b2bdac5011b226d2d8c9d3d Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 418/984] House-4566: Introduced to House --- bills_text/House-4566.txt | 67 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 67 insertions(+) create mode 100644 bills_text/House-4566.txt diff --git a/bills_text/House-4566.txt b/bills_text/House-4566.txt new file mode 100644 index 0000000..79a6519 --- /dev/null +++ b/bills_text/House-4566.txt @@ -0,0 +1,67 @@ +116th CONGRESS + 1st Session + H. R. 4566 + +To accelerate the income tax benefits for charitable cash contributions + for the relief of the families of victims of the mass shooting in + Virginia Beach, Virginia, on May 31, 2019. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 27, 2019 + + Mrs. Luria (for herself, Mr. Beyer, Mr. Connolly, Mr. McEachin, Mr. + Riggleman, Mr. Scott of Virginia, Ms. Spanberger, Ms. Wexton, and Mr. + Wittman) introduced the following bill; which was referred to the + Committee on Ways and Means + +_______________________________________________________________________ + + A BILL + + + +To accelerate the income tax benefits for charitable cash contributions + for the relief of the families of victims of the mass shooting in + Virginia Beach, Virginia, on May 31, 2019. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Virginia Beach Strong Act''. + +SEC. 2. SPECIAL RULES FOR CONTRIBUTIONS FOR RELIEF OF THE FAMILIES OF + THE MASS SHOOTING IN VIRGINIA BEACH. + + (a) Clarification That Contribution Will Not Fail To Qualify as a +Charitable Contribution.--A cash contribution made for the relief of +the families of the dead or wounded victims of the mass shooting in +Virginia Beach, Virginia, on May 31, 2019, shall not fail to be treated +as a charitable contribution for purposes of section 170 of the +Internal Revenue Code of 1986 merely because such contribution is for +the exclusive benefit of such families. The preceding sentence shall +apply to contributions made on or after May 31, 2019. + (b) Clarification That Payments by Charitable Organizations to +Families Treated as Exempt Payments.--For purposes of the Internal +Revenue Code of 1986, payments made on or after May 31, 2019, and on or +before June 1, 2021, to the spouse or any dependent (as defined in +section 152 of such Code) of the dead or wounded victims of the mass +shooting in Virginia Beach, Virginia, on May 31, 2019, by an +organization which (determined without regard to any such payments) +would be an organization exempt from tax under section 501(a) of such +Code shall-- + (1) be treated as related to the purpose or function + constituting the basis for such organization's exemption under + such section; and + (2) shall not be treated as inuring to the benefit of any + private individual, +if such payments are made in good faith using a reasonable and +objective formula which is consistently applied with respect to such +victims. + \ No newline at end of file From ac5e0a61aa6f677ccfe7c0c71b2e0ecb9353bb39 Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 419/984] House-4566: Engrossed in House --- bills_text/House-4566.txt | 39 ++++++++++++++++++++------------------- 1 file changed, 20 insertions(+), 19 deletions(-) diff --git a/bills_text/House-4566.txt b/bills_text/House-4566.txt index 79a6519..84a79ee 100644 --- a/bills_text/House-4566.txt +++ b/bills_text/House-4566.txt @@ -2,26 +2,9 @@ 1st Session H. R. 4566 -To accelerate the income tax benefits for charitable cash contributions - for the relief of the families of victims of the mass shooting in - Virginia Beach, Virginia, on May 31, 2019. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - September 27, 2019 - - Mrs. Luria (for herself, Mr. Beyer, Mr. Connolly, Mr. McEachin, Mr. - Riggleman, Mr. Scott of Virginia, Ms. Spanberger, Ms. Wexton, and Mr. - Wittman) introduced the following bill; which was referred to the - Committee on Ways and Means - -_______________________________________________________________________ - - A BILL + AN ACT @@ -64,4 +47,22 @@ Code shall-- if such payments are made in good faith using a reasonable and objective formula which is consistently applied with respect to such victims. - \ No newline at end of file + + Passed the House of Representatives December 9, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4566 + +_______________________________________________________________________ + + AN ACT + +To accelerate the income tax benefits for charitable cash contributions + for the relief of the families of victims of the mass shooting in + Virginia Beach, Virginia, on May 31, 2019. From f6cfc3beaea5bb9f50fd245530537c059d57d8a8 Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 420/984] House-4566: Received in Senate --- bills_text/House-4566.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-4566.txt b/bills_text/House-4566.txt index 84a79ee..ce8e658 100644 --- a/bills_text/House-4566.txt +++ b/bills_text/House-4566.txt @@ -2,6 +2,16 @@ 1st Session H. R. 4566 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 10, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -52,17 +62,6 @@ victims. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4566 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, -To accelerate the income tax benefits for charitable cash contributions - for the relief of the families of victims of the mass shooting in - Virginia Beach, Virginia, on May 31, 2019. + Clerk. From 2ed881530eb672c7ca06fc1ea3feb4b6aefd3d4d Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 421/984] House-4566: Enrolled --- bills_text/House-4566.txt | 42 ++++++++++++++++----------------------- 1 file changed, 17 insertions(+), 25 deletions(-) diff --git a/bills_text/House-4566.txt b/bills_text/House-4566.txt index ce8e658..956dbea 100644 --- a/bills_text/House-4566.txt +++ b/bills_text/House-4566.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 1st Session - H. R. 4566 + H.R.4566 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 10, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act @@ -24,14 +23,10 @@ To accelerate the income tax benefits for charitable cash contributions Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Virginia Beach Strong Act''. - SEC. 2. SPECIAL RULES FOR CONTRIBUTIONS FOR RELIEF OF THE FAMILIES OF - THE MASS SHOOTING IN VIRGINIA BEACH. - +THE MASS SHOOTING IN VIRGINIA BEACH. (a) Clarification That Contribution Will Not Fail To Qualify as a Charitable Contribution.--A cash contribution made for the relief of the families of the dead or wounded victims of the mass shooting in @@ -49,19 +44,16 @@ shooting in Virginia Beach, Virginia, on May 31, 2019, by an organization which (determined without regard to any such payments) would be an organization exempt from tax under section 501(a) of such Code shall-- - (1) be treated as related to the purpose or function - constituting the basis for such organization's exemption under - such section; and - (2) shall not be treated as inuring to the benefit of any - private individual, + (1) be treated as related to the purpose or function + constituting the basis for such organization's exemption under such + section; and + (2) shall not be treated as inuring to the benefit of any + private individual, if such payments are made in good faith using a reasonable and objective formula which is consistently applied with respect to such victims. - Passed the House of Representatives December 9, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 50c2f0f4917569b253822be9feadd0a073070429 Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 422/984] House-4672: Introduced to House --- bills_text/House-4672.txt | 49 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 49 insertions(+) create mode 100644 bills_text/House-4672.txt diff --git a/bills_text/House-4672.txt b/bills_text/House-4672.txt new file mode 100644 index 0000000..02e2dd6 --- /dev/null +++ b/bills_text/House-4672.txt @@ -0,0 +1,49 @@ +116th CONGRESS + 1st Session + H. R. 4672 + + To designate the facility of the United States Postal Service located + at 21701 Stevens Creek Boulevard in Cupertino, California, as the + ``Petty Officer 2nd Class (SEAL) Matthew G. Axelson Post Office + Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 15, 2019 + +Mr. Khanna (for himself, Ms. Eshoo, Ms. Hill of California, Ms. Lee of + California, Mr. Ted Lieu of California, Mrs. Napolitano, Mr. Peters, + Mr. Schiff, Ms. Speier, and Mrs. Torres of California) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 21701 Stevens Creek Boulevard in Cupertino, California, as the + ``Petty Officer 2nd Class (SEAL) Matthew G. Axelson Post Office + Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. PETTY OFFICER 2ND CLASS (SEAL) MATTHEW G. AXELSON POST + OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 21701 Stevens Creek Boulevard in Cupertino, California, +shall be known and designated as the ``Petty Officer 2nd Class (SEAL) +Matthew G. Axelson Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Petty +Officer 2nd Class (SEAL) Matthew G. Axelson Post Office Building''. + \ No newline at end of file From 3259d4fafeca8fea3cf8b088d89b3e4dbf2323e8 Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 423/984] House-4672: Engrossed in House --- bills_text/House-4672.txt | 44 +++++++++++++++++++-------------------- 1 file changed, 22 insertions(+), 22 deletions(-) diff --git a/bills_text/House-4672.txt b/bills_text/House-4672.txt index 02e2dd6..30a42fa 100644 --- a/bills_text/House-4672.txt +++ b/bills_text/House-4672.txt @@ -1,29 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4672 - To designate the facility of the United States Postal Service located - at 21701 Stevens Creek Boulevard in Cupertino, California, as the - ``Petty Officer 2nd Class (SEAL) Matthew G. Axelson Post Office - Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - October 15, 2019 - -Mr. Khanna (for himself, Ms. Eshoo, Ms. Hill of California, Ms. Lee of - California, Mr. Ted Lieu of California, Mrs. Napolitano, Mr. Peters, - Mr. Schiff, Ms. Speier, and Mrs. Torres of California) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -46,4 +27,23 @@ Matthew G. Axelson Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Petty Officer 2nd Class (SEAL) Matthew G. Axelson Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4672 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 21701 Stevens Creek Boulevard in Cupertino, California, as the + ``Petty Officer 2nd Class (SEAL) Matthew G. Axelson Post Office + Building''. From caab75eebc19f3dd35434736580170d157ff78f4 Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 424/984] House-4672: Enrolled --- bills_text/House-4672.txt | 51 ++++++++++++++++----------------------- 1 file changed, 21 insertions(+), 30 deletions(-) diff --git a/bills_text/House-4672.txt b/bills_text/House-4672.txt index 30a42fa..338c934 100644 --- a/bills_text/House-4672.txt +++ b/bills_text/House-4672.txt @@ -1,24 +1,30 @@ -116th CONGRESS - 2d Session - H. R. 4672 + H.R.4672 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 21701 Stevens Creek Boulevard in Cupertino, California, as the - ``Petty Officer 2nd Class (SEAL) Matthew G. Axelson Post Office - Building''. +To designate the facility of the United States Postal Service located at + 21701 Stevens Creek Boulevard in Cupertino, California, as the ``Petty + Officer 2nd Class (SEAL) Matthew G. Axelson Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. PETTY OFFICER 2ND CLASS (SEAL) MATTHEW G. AXELSON POST - OFFICE BUILDING. - +OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 21701 Stevens Creek Boulevard in Cupertino, California, shall be known and designated as the ``Petty Officer 2nd Class (SEAL) @@ -28,22 +34,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Petty Officer 2nd Class (SEAL) Matthew G. Axelson Post Office Building''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4672 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 21701 Stevens Creek Boulevard in Cupertino, California, as the - ``Petty Officer 2nd Class (SEAL) Matthew G. Axelson Post Office - Building''. + Vice President of the United States and + President of the Senate. From 7703af3935d21ad8b9ab387e1f9f0db892784264 Mon Sep 17 00:00:00 2001 From: "Rep. Lamborn, Doug [R-CO-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 425/984] House-4725: Introduced to House --- bills_text/House-4725.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-4725.txt diff --git a/bills_text/House-4725.txt b/bills_text/House-4725.txt new file mode 100644 index 0000000..618f68b --- /dev/null +++ b/bills_text/House-4725.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 4725 + + To designate the facility of the United States Postal Service located + at 8585 Criterion Drive in Colorado Springs, Colorado, as the + ``Chaplain (Capt.) Dale Goetz Memorial Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 17, 2019 + +Mr. Lamborn (for himself, Mr. Tipton, Mr. Buck, Ms. DeGette, Mr. Crow, + Mr. Neguse, and Mr. Perlmutter) introduced the following bill; which + was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 8585 Criterion Drive in Colorado Springs, Colorado, as the + ``Chaplain (Capt.) Dale Goetz Memorial Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. CHAPLAIN (CAPT.) DALE GOETZ MEMORIAL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 8585 Criterion Drive in Colorado Springs, Colorado, shall be +known and designated as the ``Chaplain (Capt.) Dale Goetz Memorial Post +Office Building''. + (b) References.--Any references in a law, map, regulation, +document, paper, or other record of the United States to the facility +referred to in subsection (a) shall be deemed to be a reference to the +``Chaplain (Capt.) Dale Goetz Memorial Post Office Building''. + \ No newline at end of file From 6be71e95cfa0a678224825ee4a9748345811567b Mon Sep 17 00:00:00 2001 From: "Rep. Lamborn, Doug [R-CO-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 426/984] House-4725: Engrossed in House --- bills_text/House-4725.txt | 40 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 19 deletions(-) diff --git a/bills_text/House-4725.txt b/bills_text/House-4725.txt index 618f68b..457f1f3 100644 --- a/bills_text/House-4725.txt +++ b/bills_text/House-4725.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4725 - To designate the facility of the United States Postal Service located - at 8585 Criterion Drive in Colorado Springs, Colorado, as the - ``Chaplain (Capt.) Dale Goetz Memorial Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 17, 2019 - -Mr. Lamborn (for himself, Mr. Tipton, Mr. Buck, Ms. DeGette, Mr. Crow, - Mr. Neguse, and Mr. Perlmutter) introduced the following bill; which - was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -41,4 +25,22 @@ Office Building''. document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Chaplain (Capt.) Dale Goetz Memorial Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 30, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4725 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 8585 Criterion Drive in Colorado Springs, Colorado, as the + ``Chaplain (Capt.) Dale Goetz Memorial Post Office Building''. From d3c5aa8477ea8dc10f4704317422ae7a8a21084d Mon Sep 17 00:00:00 2001 From: "Rep. Lamborn, Doug [R-CO-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 427/984] House-4725: Enrolled --- bills_text/House-4725.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4725.txt b/bills_text/House-4725.txt index 457f1f3..61bb492 100644 --- a/bills_text/House-4725.txt +++ b/bills_text/House-4725.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4725 + H.R.4725 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 8585 Criterion Drive in Colorado Springs, Colorado, as the - ``Chaplain (Capt.) Dale Goetz Memorial Post Office Building''. +To designate the facility of the United States Postal Service located at + 8585 Criterion Drive in Colorado Springs, Colorado, as the ``Chaplain + (Capt.) Dale Goetz Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. CHAPLAIN (CAPT.) DALE GOETZ MEMORIAL POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 8585 Criterion Drive in Colorado Springs, Colorado, shall be known and designated as the ``Chaplain (Capt.) Dale Goetz Memorial Post @@ -26,21 +33,7 @@ document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Chaplain (Capt.) Dale Goetz Memorial Post Office Building''. - Passed the House of Representatives September 30, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4725 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 8585 Criterion Drive in Colorado Springs, Colorado, as the - ``Chaplain (Capt.) Dale Goetz Memorial Post Office Building''. + Vice President of the United States and + President of the Senate. From f6149ad6cf1a668b0b561c5146f1bb375a007419 Mon Sep 17 00:00:00 2001 From: "Rep. Bucshon, Larry [R-IN-8]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 428/984] House-4734: Introduced to House --- bills_text/House-4734.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-4734.txt diff --git a/bills_text/House-4734.txt b/bills_text/House-4734.txt new file mode 100644 index 0000000..86b9c81 --- /dev/null +++ b/bills_text/House-4734.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 4734 + + To designate the facility of the United States Postal Service located +at 171 South Maple Street in Dana, Indiana, as the ``Ernest `Ernie' T. + Pyle Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 18, 2019 + +Mr. Bucshon (for himself, Mr. Visclosky, Mrs. Walorski, Mr. Banks, Mr. + Baird, Mrs. Brooks of Indiana, Mr. Pence, Mr. Carson of Indiana, and +Mr. Hollingsworth) introduced the following bill; which was referred to + the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 171 South Maple Street in Dana, Indiana, as the ``Ernest `Ernie' T. + Pyle Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. ERNEST ``ERNIE'' T. PYLE POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 171 South Maple Street in Dana, Indiana, shall be known and +designated as the ``Ernest `Ernie' T. Pyle Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Ernest +`Ernie' T. Pyle Post Office''. + \ No newline at end of file From 48641563bb2b678fda93e4db972eef19ad764292 Mon Sep 17 00:00:00 2001 From: "Rep. Bucshon, Larry [R-IN-8]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 429/984] House-4734: Engrossed in House --- bills_text/House-4734.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-4734.txt b/bills_text/House-4734.txt index 86b9c81..d99670c 100644 --- a/bills_text/House-4734.txt +++ b/bills_text/House-4734.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4734 - To designate the facility of the United States Postal Service located -at 171 South Maple Street in Dana, Indiana, as the ``Ernest `Ernie' T. - Pyle Post Office''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 18, 2019 - -Mr. Bucshon (for himself, Mr. Visclosky, Mrs. Walorski, Mr. Banks, Mr. - Baird, Mrs. Brooks of Indiana, Mr. Pence, Mr. Carson of Indiana, and -Mr. Hollingsworth) introduced the following bill; which was referred to - the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -41,4 +24,22 @@ designated as the ``Ernest `Ernie' T. Pyle Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ernest `Ernie' T. Pyle Post Office''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4734 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 171 South Maple Street in Dana, Indiana, as the ``Ernest `Ernie' T. + Pyle Post Office''. From 434b98da9241dce5fcf3e860bd15af01bc6f5e09 Mon Sep 17 00:00:00 2001 From: "Rep. Bucshon, Larry [R-IN-8]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 430/984] House-4734: Enrolled --- bills_text/House-4734.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4734.txt b/bills_text/House-4734.txt index d99670c..39065d3 100644 --- a/bills_text/House-4734.txt +++ b/bills_text/House-4734.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4734 + H.R.4734 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 171 South Maple Street in Dana, Indiana, as the ``Ernest `Ernie' T. - Pyle Post Office''. +To designate the facility of the United States Postal Service located at +171 South Maple Street in Dana, Indiana, as the ``Ernest `Ernie' T. Pyle + Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. ERNEST ``ERNIE'' T. PYLE POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 171 South Maple Street in Dana, Indiana, shall be known and designated as the ``Ernest `Ernie' T. Pyle Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ernest `Ernie' T. Pyle Post Office''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4734 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 171 South Maple Street in Dana, Indiana, as the ``Ernest `Ernie' T. - Pyle Post Office''. + Vice President of the United States and + President of the Senate. From 23409c56c1ef24521d449f7837531973e4b045ab Mon Sep 17 00:00:00 2001 From: "Rep. Higgins, Clay [R-LA-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 431/984] House-4761: Introduced to House --- bills_text/House-4761.txt | 73 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 73 insertions(+) create mode 100644 bills_text/House-4761.txt diff --git a/bills_text/House-4761.txt b/bills_text/House-4761.txt new file mode 100644 index 0000000..0684518 --- /dev/null +++ b/bills_text/House-4761.txt @@ -0,0 +1,73 @@ +116th CONGRESS + 1st Session + H. R. 4761 + + To ensure U.S. Customs and Border Protection officers, agents, and + other personnel have adequate synthetic opioid detection equipment, + that the Department of Homeland Security has a process to update + synthetic opioid detection capability, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 18, 2019 + + Mr. Higgins of Louisiana (for himself, Ms. Clarke of New York, Mr. + Rogers of Alabama, Mr. Katko, Mr. Rose of New York, Mr. King of New + York, Mr. Joyce of Pennsylvania, and Mr. McCaul) introduced the + following bill; which was referred to the Committee on Homeland + Security, and in addition to the Committee on Ways and Means, for a + period to be subsequently determined by the Speaker, in each case for +consideration of such provisions as fall within the jurisdiction of the + committee concerned + +_______________________________________________________________________ + + A BILL + + + + To ensure U.S. Customs and Border Protection officers, agents, and + other personnel have adequate synthetic opioid detection equipment, + that the Department of Homeland Security has a process to update + synthetic opioid detection capability, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``DHS Opioid Detection Resilience Act +of 2019''. + +SEC. 2. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT + PORTS OF ENTRY. + + Not later than 180 days after the date of the enactment of this +section, the Commissioner of U.S. Customs and Border Protection (CBP) +shall-- + (1) implement a strategy to ensure deployed chemical + screening devices are able to identify in an operational + environment narcotics at purity levels less than or equal to 10 + percent, or provide ports of entry with an alternate method for + identifying narcotics at lower purity levels; and + (2) require testing of any new chemical screening devices + to understand the abilities and limitations of such devices + relating to identifying narcotics at various purity levels + before CBP commits to the acquisition of such devices. + +SEC. 3. PLAN TO ENSURE OPIOID DETECTION EQUIPMENT RESILIENCY. + + Not later than 180 days after the date of the enactment of this +section, the Secretary of Homeland Security shall implement a plan for +the long-term development of a centralized spectral database for +chemical screening devices. Such plan shall address the following: + (1) How newly identified spectra will be collected, stored, + and distributed to such devices in their operational + environment, including at ports of entry. + (2) Identification of parties responsible for updates and + maintenance of such database. + \ No newline at end of file From aa4a7f3e4532b77cbbf22ac7c17b185be3e3f255 Mon Sep 17 00:00:00 2001 From: "Rep. Higgins, Clay [R-LA-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 432/984] House-4761: Engrossed in House --- bills_text/House-4761.txt | 45 ++++++++++++++++++--------------------- 1 file changed, 21 insertions(+), 24 deletions(-) diff --git a/bills_text/House-4761.txt b/bills_text/House-4761.txt index 0684518..8cec470 100644 --- a/bills_text/House-4761.txt +++ b/bills_text/House-4761.txt @@ -2,31 +2,9 @@ 1st Session H. R. 4761 - To ensure U.S. Customs and Border Protection officers, agents, and - other personnel have adequate synthetic opioid detection equipment, - that the Department of Homeland Security has a process to update - synthetic opioid detection capability, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 18, 2019 - - Mr. Higgins of Louisiana (for himself, Ms. Clarke of New York, Mr. - Rogers of Alabama, Mr. Katko, Mr. Rose of New York, Mr. King of New - York, Mr. Joyce of Pennsylvania, and Mr. McCaul) introduced the - following bill; which was referred to the Committee on Homeland - Security, and in addition to the Committee on Ways and Means, for a - period to be subsequently determined by the Speaker, in each case for -consideration of such provisions as fall within the jurisdiction of the - committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -70,4 +48,23 @@ chemical screening devices. Such plan shall address the following: environment, including at ports of entry. (2) Identification of parties responsible for updates and maintenance of such database. - \ No newline at end of file + + Passed the House of Representatives December 9, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4761 + +_______________________________________________________________________ + + AN ACT + + To ensure U.S. Customs and Border Protection officers, agents, and + other personnel have adequate synthetic opioid detection equipment, + that the Department of Homeland Security has a process to update + synthetic opioid detection capability, and for other purposes. From 6b46e90109a5d1ffbd111b06236e0b46571c8cd5 Mon Sep 17 00:00:00 2001 From: "Rep. Higgins, Clay [R-LA-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 433/984] House-4761: Enrolled --- bills_text/House-4761.txt | 84 +++++++++++++++++---------------------- 1 file changed, 36 insertions(+), 48 deletions(-) diff --git a/bills_text/House-4761.txt b/bills_text/House-4761.txt index 8cec470..19c4235 100644 --- a/bills_text/House-4761.txt +++ b/bills_text/House-4761.txt @@ -1,70 +1,58 @@ -116th CONGRESS - 1st Session - H. R. 4761 + H.R.4761 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To ensure U.S. Customs and Border Protection officers, agents, and - other personnel have adequate synthetic opioid detection equipment, - that the Department of Homeland Security has a process to update - synthetic opioid detection capability, and for other purposes. +To ensure U.S. Customs and Border Protection officers, agents, and other + personnel have adequate synthetic opioid detection equipment, that the +Department of Homeland Security has a process to update synthetic opioid + detection capability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``DHS Opioid Detection Resilience Act of 2019''. - SEC. 2. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT - PORTS OF ENTRY. - +PORTS OF ENTRY. Not later than 180 days after the date of the enactment of this section, the Commissioner of U.S. Customs and Border Protection (CBP) shall-- - (1) implement a strategy to ensure deployed chemical - screening devices are able to identify in an operational - environment narcotics at purity levels less than or equal to 10 - percent, or provide ports of entry with an alternate method for - identifying narcotics at lower purity levels; and - (2) require testing of any new chemical screening devices - to understand the abilities and limitations of such devices - relating to identifying narcotics at various purity levels - before CBP commits to the acquisition of such devices. - + (1) implement a strategy to ensure deployed chemical screening + devices are able to identify in an operational environment + narcotics at purity levels less than or equal to 10 percent, or + provide ports of entry with an alternate method for identifying + narcotics at lower purity levels; and + (2) require testing of any new chemical screening devices to + understand the abilities and limitations of such devices relating + to identifying narcotics at various purity levels before CBP + commits to the acquisition of such devices. SEC. 3. PLAN TO ENSURE OPIOID DETECTION EQUIPMENT RESILIENCY. - Not later than 180 days after the date of the enactment of this section, the Secretary of Homeland Security shall implement a plan for the long-term development of a centralized spectral database for chemical screening devices. Such plan shall address the following: - (1) How newly identified spectra will be collected, stored, - and distributed to such devices in their operational - environment, including at ports of entry. - (2) Identification of parties responsible for updates and - maintenance of such database. - - Passed the House of Representatives December 9, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4761 - -_______________________________________________________________________ + (1) How newly identified spectra will be collected, stored, and + distributed to such devices in their operational environment, + including at ports of entry. + (2) Identification of parties responsible for updates and + maintenance of such database. - AN ACT + Speaker of the House of Representatives. - To ensure U.S. Customs and Border Protection officers, agents, and - other personnel have adequate synthetic opioid detection equipment, - that the Department of Homeland Security has a process to update - synthetic opioid detection capability, and for other purposes. + Vice President of the United States and + President of the Senate. From 8a04d55de37a6af6b8eba559e72889c42ae0a068 Mon Sep 17 00:00:00 2001 From: "Rep. Cunningham, Joe [D-SC-1]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 434/984] House-4771: Introduced to House --- bills_text/House-4771.txt | 86 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 86 insertions(+) create mode 100644 bills_text/House-4771.txt diff --git a/bills_text/House-4771.txt b/bills_text/House-4771.txt new file mode 100644 index 0000000..cfaa19a --- /dev/null +++ b/bills_text/House-4771.txt @@ -0,0 +1,86 @@ +116th CONGRESS + 1st Session + H. R. 4771 + + To amend title 38, United States Code, to permit appellants to appear +in disability compensation cases before the Board of Veterans' Appeals +by picture and voice transmission from locations other than facilities + of the Department of Veterans Affairs. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 21, 2019 + + Mr. Cunningham (for himself and Mr. Katko) introduced the following + bill; which was referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend title 38, United States Code, to permit appellants to appear +in disability compensation cases before the Board of Veterans' Appeals +by picture and voice transmission from locations other than facilities + of the Department of Veterans Affairs. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``VA Tele-Hearing Modernization Act''. + +SEC. 2. DISABILITY COMPENSATION HEARINGS BEFORE THE BOARD OF VETERANS' + APPEALS BY MEANS OF TELECONFERENCE FROM LOCATIONS OTHER + THAN FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. + + (a) Establishment.--Section 7107 of title 38, United States Code, +is amended-- + (1) in subsection (c)(2)-- + (A) in subparagraph (A), by inserting ``or + subparagraph (C) of this paragraph'' after + ``subparagraph (B) of such paragraph''; + (B) in subparagraph (B), by inserting ``or + subparagraph (C) of this paragraph'' after + ``subparagraph (A) of such paragraph''; and + (C) by adding at the end the following new + subparagraph (C): + ``(C) Upon notification of a Board hearing under subparagraph (A) +or (B) of paragraph (1) in a case regarding disability compensation +under a law administered by the Secretary, the appellant may +alternatively request a hearing by picture and voice transmission-- + ``(i) at a location selected by the appellant; and + ``(ii) via a secure internet platform established and + maintained by the Secretary that protects sensitive personal + information from a data breach. + If so requested, the Board shall grant such request.''; and + (2) by adding at the end the following new subsection (f): + ``(f) Definitions.--In this section, the terms `sensitive personal +information' and `data breach' have the meanings given those terms in +section 5727 of this title.''. + (b) Deadline.--The Secretary shall implement the amendments made by +subsection (a) not later than 180 days after the date of the enactment +of this Act. + (c) Reports.--On the day that is one year after the date on which +the Secretary implements subparagraph (C) of subsection (c)(2) of such +section 7107, as added by subsection (a), and twice annually +thereafter, the Secretary shall submit to the Committees on Veterans' +Affairs of the Senate and House of Representatives a report regarding +hearings held under such subparagraph. Each such report shall include, +with respect to the year immediately preceding the date of the report, +the following: + (1) The number of hearings scheduled under such + subparagraph. + (2) The number of hearings under such subparagraph that + were cancelled and why each such hearing was cancelled. + (3) Any statistical difference in outcomes between cases + heard under such subparagraph and those held at the principal + location of the Board or by picture and voice transmission at a + facility of the Department. + \ No newline at end of file From 2a53423e88e8894c2590f9835ba96c423b0478b7 Mon Sep 17 00:00:00 2001 From: "Rep. Cunningham, Joe [D-SC-1]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 435/984] House-4771: Engrossed in House --- bills_text/House-4771.txt | 175 ++++++++++++++++++++++++-------------- 1 file changed, 109 insertions(+), 66 deletions(-) diff --git a/bills_text/House-4771.txt b/bills_text/House-4771.txt index cfaa19a..c1020ea 100644 --- a/bills_text/House-4771.txt +++ b/bills_text/House-4771.txt @@ -2,32 +2,16 @@ 1st Session H. R. 4771 - To amend title 38, United States Code, to permit appellants to appear -in disability compensation cases before the Board of Veterans' Appeals -by picture and voice transmission from locations other than facilities - of the Department of Veterans Affairs. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 21, 2019 - - Mr. Cunningham (for himself and Mr. Katko) introduced the following - bill; which was referred to the Committee on Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT To amend title 38, United States Code, to permit appellants to appear -in disability compensation cases before the Board of Veterans' Appeals -by picture and voice transmission from locations other than facilities - of the Department of Veterans Affairs. + in cases before the Board of Veterans' Appeals by picture and voice +transmission from locations other than facilities of the Department of + Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -36,51 +20,110 @@ SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Tele-Hearing Modernization Act''. -SEC. 2. DISABILITY COMPENSATION HEARINGS BEFORE THE BOARD OF VETERANS' - APPEALS BY MEANS OF TELECONFERENCE FROM LOCATIONS OTHER - THAN FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. - - (a) Establishment.--Section 7107 of title 38, United States Code, -is amended-- - (1) in subsection (c)(2)-- - (A) in subparagraph (A), by inserting ``or - subparagraph (C) of this paragraph'' after - ``subparagraph (B) of such paragraph''; - (B) in subparagraph (B), by inserting ``or - subparagraph (C) of this paragraph'' after - ``subparagraph (A) of such paragraph''; and - (C) by adding at the end the following new - subparagraph (C): - ``(C) Upon notification of a Board hearing under subparagraph (A) -or (B) of paragraph (1) in a case regarding disability compensation -under a law administered by the Secretary, the appellant may -alternatively request a hearing by picture and voice transmission-- - ``(i) at a location selected by the appellant; and - ``(ii) via a secure internet platform established and +SEC. 2. HEARINGS BEFORE THE BOARD OF VETERANS' APPEALS BY MEANS OF + TELECONFERENCE FROM LOCATIONS OTHER THAN FACILITIES OF + THE DEPARTMENT OF VETERANS AFFAIRS. + + (a) In General.--Section 7107(c)(2) of title 38, United States +Code, is amended-- + (1) in subparagraph (A), by inserting ``or subparagraph (C) + of this paragraph'' after ``subparagraph (B) of such + paragraph''; + (2) in subparagraph (B), by inserting ``or subparagraph (C) + of this paragraph'' after ``subparagraph (A) of such + paragraph''; and + (3) by adding at the end the following new subparagraph + (C): + ``(C)(i) Upon notification of a Board hearing under subparagraph +(A) or (B) of paragraph (1), the appellant may alternatively request a +hearing by picture and voice transmission-- + ``(I) at a location selected by the appellant; and + ``(II) via a secure internet platform established and maintained by the Secretary that protects sensitive personal information from a data breach. - If so requested, the Board shall grant such request.''; and - (2) by adding at the end the following new subsection (f): - ``(f) Definitions.--In this section, the terms `sensitive personal -information' and `data breach' have the meanings given those terms in -section 5727 of this title.''. - (b) Deadline.--The Secretary shall implement the amendments made by -subsection (a) not later than 180 days after the date of the enactment -of this Act. - (c) Reports.--On the day that is one year after the date on which -the Secretary implements subparagraph (C) of subsection (c)(2) of such -section 7107, as added by subsection (a), and twice annually -thereafter, the Secretary shall submit to the Committees on Veterans' -Affairs of the Senate and House of Representatives a report regarding -hearings held under such subparagraph. Each such report shall include, -with respect to the year immediately preceding the date of the report, -the following: - (1) The number of hearings scheduled under such - subparagraph. - (2) The number of hearings under such subparagraph that - were cancelled and why each such hearing was cancelled. - (3) Any statistical difference in outcomes between cases - heard under such subparagraph and those held at the principal - location of the Board or by picture and voice transmission at a - facility of the Department. - \ No newline at end of file + ``(ii) If an appellant makes a request under clause (i), the Board +shall grant such request.''. + (b) Deadline for Implementation.--The Secretary shall implement the +amendments made by subsection (a) not later than 180 days after the +date of the enactment of this Act. + (c) Reporting.-- + (1) Annual reporting requirements.--Section 7101(d)(2) of + such title is amended-- + (A) in subparagraph (E), by striking ``; and'' and + inserting a semicolon; + (B) in subparagraph (F), by striking the period at + the ending and inserting ``; and''; and + (C) by adding at the end the following new + subparagraph: + ``(G) with respect to hearings scheduled under section + 7107(c)(2)(C) of this title-- + ``(i) the number of hearings scheduled under such + section; + ``(ii) the number of hearings under such section + that were cancelled; and + ``(iii) any statistical difference in outcomes + between cases heard under such section and those held + at the principal location of the Board or by picture + and voice transmission at a facility of the + Department.''. + (2) One-time reporting requirements.--The first report + required to be submitted under section 7101(d) of title 38, + United States Code, shall include the following information + with respect to hearings scheduled under subparagraph (C) of + paragraph (2) of subsection (c) of section 7101 of such title, + as added by subsection (a): + (A) An outline of the outreach the Secretary of + Veterans Affairs plans to conduct to inform veterans, + families of veterans, survivors of veterans, veterans + service organizations, military service organizations, + congressional caseworkers, advocates for veterans, and + such other stakeholders as the Secretary considers + appropriate about hearings scheduled under such + subparagraph, including-- + (i) a description of the resources required + to conduct such outreach; + (ii) a timeline for conducting such + outreach; and + (iii) information related to the advantages + and potential technological challenges of + conducting hearings under such subparagraph. + (B) A description of any modifications to the + information technology systems of the Veterans Benefits + Administration and the Board of Veterans' Appeals + required to carry out hearings under such subparagraph, + including cost estimates and a timeline for making such + modifications. + (C) A detailed description of the intra-agency + partnership between the Board of Veterans' Appeals and + the telehealth program of the Veterans Health + Administration as the Board conducts hearings under + such subparagraph, including best practices, a risk + assessment overview, risk mitigation efforts, and a + plan for ongoing collaboration and information sharing. + (d) Collaboration.--In developing the capacity and procedures to +conduct hearings under subparagraph (C) of paragraph (2) of subsection +(c) of section 7101 of title 38, United States Code, as added by +subsection (a), the Secretary of Veterans Affairs shall collaborate +with, partner with, and give weight to the advice of veterans service +organizations and such other stakeholders as the Secretary considers +appropriate. + + Passed the House of Representatives November 12, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4771 + +_______________________________________________________________________ + + AN ACT + + To amend title 38, United States Code, to permit appellants to appear + in cases before the Board of Veterans' Appeals by picture and voice +transmission from locations other than facilities of the Department of + Veterans Affairs, and for other purposes. From f08b00ab0e098233a03b807b0f449eead1e5bdd3 Mon Sep 17 00:00:00 2001 From: "Rep. Cunningham, Joe [D-SC-1]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 436/984] House-4771: Enrolled --- bills_text/House-4771.txt | 176 +++++++++++++++++--------------------- 1 file changed, 78 insertions(+), 98 deletions(-) diff --git a/bills_text/House-4771.txt b/bills_text/House-4771.txt index c1020ea..2ca8673 100644 --- a/bills_text/House-4771.txt +++ b/bills_text/House-4771.txt @@ -1,105 +1,100 @@ -116th CONGRESS - 1st Session - H. R. 4771 + H.R.4771 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend title 38, United States Code, to permit appellants to appear - in cases before the Board of Veterans' Appeals by picture and voice -transmission from locations other than facilities of the Department of - Veterans Affairs, and for other purposes. +To amend title 38, United States Code, to permit appellants to appear in + cases before the Board of Veterans' Appeals by picture and voice + transmission from locations other than facilities of the Department of + Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``VA Tele-Hearing Modernization Act''. - SEC. 2. HEARINGS BEFORE THE BOARD OF VETERANS' APPEALS BY MEANS OF - TELECONFERENCE FROM LOCATIONS OTHER THAN FACILITIES OF - THE DEPARTMENT OF VETERANS AFFAIRS. - +TELECONFERENCE FROM LOCATIONS OTHER THAN FACILITIES OF THE DEPARTMENT +OF VETERANS AFFAIRS. (a) In General.--Section 7107(c)(2) of title 38, United States Code, is amended-- - (1) in subparagraph (A), by inserting ``or subparagraph (C) - of this paragraph'' after ``subparagraph (B) of such - paragraph''; - (2) in subparagraph (B), by inserting ``or subparagraph (C) - of this paragraph'' after ``subparagraph (A) of such - paragraph''; and - (3) by adding at the end the following new subparagraph - (C): + (1) in subparagraph (A), by inserting ``or subparagraph (C) of + this paragraph'' after ``subparagraph (B) of such paragraph''; + (2) in subparagraph (B), by inserting ``or subparagraph (C) of + this paragraph'' after ``subparagraph (A) of such paragraph''; and + (3) by adding at the end the following new subparagraph (C): ``(C)(i) Upon notification of a Board hearing under subparagraph (A) or (B) of paragraph (1), the appellant may alternatively request a hearing by picture and voice transmission-- - ``(I) at a location selected by the appellant; and - ``(II) via a secure internet platform established and - maintained by the Secretary that protects sensitive personal - information from a data breach. + ``(I) at a location selected by the appellant; and + ``(II) via a secure internet platform established and + maintained by the Secretary that protects sensitive personal + information from a data breach. ``(ii) If an appellant makes a request under clause (i), the Board shall grant such request.''. (b) Deadline for Implementation.--The Secretary shall implement the amendments made by subsection (a) not later than 180 days after the date of the enactment of this Act. (c) Reporting.-- - (1) Annual reporting requirements.--Section 7101(d)(2) of - such title is amended-- - (A) in subparagraph (E), by striking ``; and'' and - inserting a semicolon; - (B) in subparagraph (F), by striking the period at - the ending and inserting ``; and''; and - (C) by adding at the end the following new - subparagraph: - ``(G) with respect to hearings scheduled under section - 7107(c)(2)(C) of this title-- - ``(i) the number of hearings scheduled under such - section; - ``(ii) the number of hearings under such section - that were cancelled; and - ``(iii) any statistical difference in outcomes - between cases heard under such section and those held - at the principal location of the Board or by picture - and voice transmission at a facility of the - Department.''. - (2) One-time reporting requirements.--The first report - required to be submitted under section 7101(d) of title 38, - United States Code, shall include the following information - with respect to hearings scheduled under subparagraph (C) of - paragraph (2) of subsection (c) of section 7101 of such title, - as added by subsection (a): - (A) An outline of the outreach the Secretary of - Veterans Affairs plans to conduct to inform veterans, - families of veterans, survivors of veterans, veterans - service organizations, military service organizations, - congressional caseworkers, advocates for veterans, and - such other stakeholders as the Secretary considers - appropriate about hearings scheduled under such - subparagraph, including-- - (i) a description of the resources required - to conduct such outreach; - (ii) a timeline for conducting such - outreach; and - (iii) information related to the advantages - and potential technological challenges of - conducting hearings under such subparagraph. - (B) A description of any modifications to the - information technology systems of the Veterans Benefits - Administration and the Board of Veterans' Appeals - required to carry out hearings under such subparagraph, - including cost estimates and a timeline for making such - modifications. - (C) A detailed description of the intra-agency - partnership between the Board of Veterans' Appeals and - the telehealth program of the Veterans Health - Administration as the Board conducts hearings under - such subparagraph, including best practices, a risk - assessment overview, risk mitigation efforts, and a - plan for ongoing collaboration and information sharing. + (1) Annual reporting requirements.--Section 7101(d)(2) of such + title is amended-- + (A) in subparagraph (E), by striking ``; and'' and + inserting a semicolon; + (B) in subparagraph (F), by striking the period at the + ending and inserting ``; and''; and + (C) by adding at the end the following new subparagraph: + ``(G) with respect to hearings scheduled under section + 7107(c)(2)(C) of this title-- + ``(i) the number of hearings scheduled under such section; + ``(ii) the number of hearings under such section that were + cancelled; and + ``(iii) any statistical difference in outcomes between + cases heard under such section and those held at the principal + location of the Board or by picture and voice transmission at a + facility of the Department.''. + (2) One-time reporting requirements.--The first report required + to be submitted under section 7101(d) of title 38, United States + Code, shall include the following information with respect to + hearings scheduled under subparagraph (C) of paragraph (2) of + subsection (c) of section 7101 of such title, as added by + subsection (a): + (A) An outline of the outreach the Secretary of Veterans + Affairs plans to conduct to inform veterans, families of + veterans, survivors of veterans, veterans service + organizations, military service organizations, congressional + caseworkers, advocates for veterans, and such other + stakeholders as the Secretary considers appropriate about + hearings scheduled under such subparagraph, including-- + (i) a description of the resources required to conduct + such outreach; + (ii) a timeline for conducting such outreach; and + (iii) information related to the advantages and + potential technological challenges of conducting hearings + under such subparagraph. + (B) A description of any modifications to the information + technology systems of the Veterans Benefits Administration and + the Board of Veterans' Appeals required to carry out hearings + under such subparagraph, including cost estimates and a + timeline for making such modifications. + (C) A detailed description of the intra-agency partnership + between the Board of Veterans' Appeals and the telehealth + program of the Veterans Health Administration as the Board + conducts hearings under such subparagraph, including best + practices, a risk assessment overview, risk mitigation efforts, + and a plan for ongoing collaboration and information sharing. (d) Collaboration.--In developing the capacity and procedures to conduct hearings under subparagraph (C) of paragraph (2) of subsection (c) of section 7101 of title 38, United States Code, as added by @@ -108,22 +103,7 @@ with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate. - Passed the House of Representatives November 12, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4771 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend title 38, United States Code, to permit appellants to appear - in cases before the Board of Veterans' Appeals by picture and voice -transmission from locations other than facilities of the Department of - Veterans Affairs, and for other purposes. + Vice President of the United States and + President of the Senate. From 704a963d3e508ec92dbf1afb793f7f55e1c313a6 Mon Sep 17 00:00:00 2001 From: "Rep. McMorris Rodgers, Cathy [R-WA-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 437/984] House-4779: Introduced to House --- bills_text/House-4779.txt | 58 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 58 insertions(+) create mode 100644 bills_text/House-4779.txt diff --git a/bills_text/House-4779.txt b/bills_text/House-4779.txt new file mode 100644 index 0000000..37f8570 --- /dev/null +++ b/bills_text/House-4779.txt @@ -0,0 +1,58 @@ +116th CONGRESS + 1st Session + H. R. 4779 + + To extend the Undertaking Spam, Spyware, And Fraud Enforcement With + Enforcers beyond Borders Act of 2006, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 22, 2019 + +Mrs. Rodgers of Washington (for herself, Ms. Kelly of Illinois, and Mr. + Bucshon) introduced the following bill; which was referred to the + Committee on Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + + To extend the Undertaking Spam, Spyware, And Fraud Enforcement With + Enforcers beyond Borders Act of 2006, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. EXTENSION OF THE U.S. SAFE WEB ACT OF 2006. + + Section 13 of the U.S. SAFE WEB Act of 2006 (Public Law 109-455; 15 +U.S.C. 44 note) is amended by striking ``September 30, 2020'' and +inserting ``September 30, 2027''. + +SEC. 2. REPORT. + + Not later than 3 years after the date of the enactment of this Act, +the Federal Trade Commission shall transmit to the Committee on Energy +and Commerce of the House of Representatives and the Committee on +Commerce, Science, and Transportation of the Senate a report describing +its use of and experience with the authority granted by the U.S. SAFE +WEB Act of 2006 (Public Law 109-455) and the amendments made by such +Act. The report shall include-- + (1) the number of cross-border complaints received and + acted upon by the Commission; + (2) identification of the foreign agencies with which the + Commission has cooperated and the results of such cooperation, + including any foreign agency enforcement action or lack + thereof; + (3) a description of Commission litigation brought in + foreign courts and the results of such litigation; and + (4) any recommendations for legislation that may advance + the mission of the Commission in carrying out the U.S. SAFE WEB + Act of 2006 and the amendments made by such Act. + \ No newline at end of file From ae8e643ea49865344e6d86bdcd4a20ca70b4f6ef Mon Sep 17 00:00:00 2001 From: "Rep. McMorris Rodgers, Cathy [R-WA-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 438/984] House-4779: Engrossed in House --- bills_text/House-4779.txt | 45 ++++++++++++++++++++++++--------------- 1 file changed, 28 insertions(+), 17 deletions(-) diff --git a/bills_text/House-4779.txt b/bills_text/House-4779.txt index 37f8570..55e8394 100644 --- a/bills_text/House-4779.txt +++ b/bills_text/House-4779.txt @@ -2,24 +2,9 @@ 1st Session H. R. 4779 - To extend the Undertaking Spam, Spyware, And Fraud Enforcement With - Enforcers beyond Borders Act of 2006, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - October 22, 2019 - -Mrs. Rodgers of Washington (for herself, Ms. Kelly of Illinois, and Mr. - Bucshon) introduced the following bill; which was referred to the - Committee on Energy and Commerce - -_______________________________________________________________________ - - A BILL + AN ACT @@ -55,4 +40,30 @@ Act. The report shall include-- (4) any recommendations for legislation that may advance the mission of the Commission in carrying out the U.S. SAFE WEB Act of 2006 and the amendments made by such Act. - \ No newline at end of file + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives December 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4779 + +_______________________________________________________________________ + + AN ACT + + To extend the Undertaking Spam, Spyware, And Fraud Enforcement With + Enforcers beyond Borders Act of 2006, and for other purposes. From b4457c08d2c662e479e907144cd61c136e72c45b Mon Sep 17 00:00:00 2001 From: "Rep. McMorris Rodgers, Cathy [R-WA-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 439/984] House-4779: Enrolled --- bills_text/House-4779.txt | 67 ++++++++++++++++----------------------- 1 file changed, 28 insertions(+), 39 deletions(-) diff --git a/bills_text/House-4779.txt b/bills_text/House-4779.txt index 55e8394..039a6d3 100644 --- a/bills_text/House-4779.txt +++ b/bills_text/House-4779.txt @@ -1,27 +1,32 @@ -116th CONGRESS - 1st Session - H. R. 4779 + H.R.4779 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To extend the Undertaking Spam, Spyware, And Fraud Enforcement With - Enforcers beyond Borders Act of 2006, and for other purposes. + Enforcers beyond Borders Act of 2006, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. EXTENSION OF THE U.S. SAFE WEB ACT OF 2006. - Section 13 of the U.S. SAFE WEB Act of 2006 (Public Law 109-455; 15 U.S.C. 44 note) is amended by striking ``September 30, 2020'' and inserting ``September 30, 2027''. - SEC. 2. REPORT. - Not later than 3 years after the date of the enactment of this Act, the Federal Trade Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on @@ -29,20 +34,17 @@ Commerce, Science, and Transportation of the Senate a report describing its use of and experience with the authority granted by the U.S. SAFE WEB Act of 2006 (Public Law 109-455) and the amendments made by such Act. The report shall include-- - (1) the number of cross-border complaints received and - acted upon by the Commission; - (2) identification of the foreign agencies with which the - Commission has cooperated and the results of such cooperation, - including any foreign agency enforcement action or lack - thereof; - (3) a description of Commission litigation brought in - foreign courts and the results of such litigation; and - (4) any recommendations for legislation that may advance - the mission of the Commission in carrying out the U.S. SAFE WEB - Act of 2006 and the amendments made by such Act. - + (1) the number of cross-border complaints received and acted + upon by the Commission; + (2) identification of the foreign agencies with which the + Commission has cooperated and the results of such cooperation, + including any foreign agency enforcement action or lack thereof; + (3) a description of Commission litigation brought in foreign + courts and the results of such litigation; and + (4) any recommendations for legislation that may advance the + mission of the Commission in carrying out the U.S. SAFE WEB Act of + 2006 and the amendments made by such Act. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -50,20 +52,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives December 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 4779 - -_______________________________________________________________________ - - AN ACT - - To extend the Undertaking Spam, Spyware, And Fraud Enforcement With - Enforcers beyond Borders Act of 2006, and for other purposes. + Vice President of the United States and + President of the Senate. From 33f96524bdf8cc9ae1654affa4de973a95bf1db5 Mon Sep 17 00:00:00 2001 From: "Rep. Hurd, Will [R-TX-23]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 440/984] House-4785: Introduced to House --- bills_text/House-4785.txt | 51 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 51 insertions(+) create mode 100644 bills_text/House-4785.txt diff --git a/bills_text/House-4785.txt b/bills_text/House-4785.txt new file mode 100644 index 0000000..b70189c --- /dev/null +++ b/bills_text/House-4785.txt @@ -0,0 +1,51 @@ +116th CONGRESS + 1st Session + H. R. 4785 + + To designate the facility of the United States Postal Service located + at 1305 U.S. Highway 90 West in Castroville, Texas, as the ``Lance + Corporal Rhonald Dain Rairdan Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 22, 2019 + +Mr. Hurd of Texas (for himself, Mr. Gohmert, Mr. Crenshaw, Mr. Taylor, + Mr. Ratcliffe, Mr. Gooden, Mr. Wright, Mrs. Fletcher, Mr. Brady, Mr. + Green of Texas, Mr. McCaul, Mr. Conaway, Ms. Granger, Mr. Thornberry, +Mr. Weber of Texas, Mr. Gonzalez of Texas, Ms. Escobar, Mr. Flores, Ms. + Jackson Lee, Mr. Arrington, Mr. Castro of Texas, Mr. Roy, Mr. Olson, + Mr. Marchant, Mr. Williams, Mr. Burgess, Mr. Cloud, Mr. Cuellar, Ms. +Garcia of Texas, Ms. Johnson of Texas, Mr. Carter of Texas, Mr. Allred, + Mr. Veasey, Mr. Vela, Mr. Doggett, and Mr. Babin) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 1305 U.S. Highway 90 West in Castroville, Texas, as the ``Lance + Corporal Rhonald Dain Rairdan Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. LANCE CORPORAL RHONALD DAIN RAIRDAN POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 1305 U.S. Highway 90 West in Castroville, Texas, shall be +known and designated as the ``Lance Corporal Rhonald Dain Rairdan Post +Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Lance +Corporal Rhonald Dain Rairdan Post Office''. + \ No newline at end of file From ea85f8bb27f13b3e42d3dcfbacd03081f246f2ac Mon Sep 17 00:00:00 2001 From: "Rep. Hurd, Will [R-TX-23]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 441/984] House-4785: Engrossed in House --- bills_text/House-4785.txt | 47 +++++++++++++++++---------------------- 1 file changed, 21 insertions(+), 26 deletions(-) diff --git a/bills_text/House-4785.txt b/bills_text/House-4785.txt index b70189c..3bb5002 100644 --- a/bills_text/House-4785.txt +++ b/bills_text/House-4785.txt @@ -1,33 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4785 - To designate the facility of the United States Postal Service located - at 1305 U.S. Highway 90 West in Castroville, Texas, as the ``Lance - Corporal Rhonald Dain Rairdan Post Office''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 22, 2019 - -Mr. Hurd of Texas (for himself, Mr. Gohmert, Mr. Crenshaw, Mr. Taylor, - Mr. Ratcliffe, Mr. Gooden, Mr. Wright, Mrs. Fletcher, Mr. Brady, Mr. - Green of Texas, Mr. McCaul, Mr. Conaway, Ms. Granger, Mr. Thornberry, -Mr. Weber of Texas, Mr. Gonzalez of Texas, Ms. Escobar, Mr. Flores, Ms. - Jackson Lee, Mr. Arrington, Mr. Castro of Texas, Mr. Roy, Mr. Olson, - Mr. Marchant, Mr. Williams, Mr. Burgess, Mr. Cloud, Mr. Cuellar, Ms. -Garcia of Texas, Ms. Johnson of Texas, Mr. Carter of Texas, Mr. Allred, - Mr. Veasey, Mr. Vela, Mr. Doggett, and Mr. Babin) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -48,4 +25,22 @@ Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lance Corporal Rhonald Dain Rairdan Post Office''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4785 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 1305 U.S. Highway 90 West in Castroville, Texas, as the ``Lance + Corporal Rhonald Dain Rairdan Post Office''. From dde2d60d0f6e8c1392c1b03b6211f0adbd3c8386 Mon Sep 17 00:00:00 2001 From: "Rep. Hurd, Will [R-TX-23]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 442/984] House-4785: Enrolled --- bills_text/House-4785.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4785.txt b/bills_text/House-4785.txt index 3bb5002..93b1ab4 100644 --- a/bills_text/House-4785.txt +++ b/bills_text/House-4785.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4785 + H.R.4785 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 1305 U.S. Highway 90 West in Castroville, Texas, as the ``Lance - Corporal Rhonald Dain Rairdan Post Office''. +To designate the facility of the United States Postal Service located at +1305 U.S. Highway 90 West in Castroville, Texas, as the ``Lance Corporal + Rhonald Dain Rairdan Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. LANCE CORPORAL RHONALD DAIN RAIRDAN POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 1305 U.S. Highway 90 West in Castroville, Texas, shall be known and designated as the ``Lance Corporal Rhonald Dain Rairdan Post @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lance Corporal Rhonald Dain Rairdan Post Office''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4785 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 1305 U.S. Highway 90 West in Castroville, Texas, as the ``Lance - Corporal Rhonald Dain Rairdan Post Office''. + Vice President of the United States and + President of the Senate. From f3645dff8593ab07ec5545e43a82f53920b16738 Mon Sep 17 00:00:00 2001 From: "Rep. Rose, Max [D-NY-11]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 443/984] House-4794: Introduced to House --- bills_text/House-4794.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-4794.txt diff --git a/bills_text/House-4794.txt b/bills_text/House-4794.txt new file mode 100644 index 0000000..4f9b894 --- /dev/null +++ b/bills_text/House-4794.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 4794 + + To designate the facility of the United States Postal Service located + at 8320 13th Avenue in Brooklyn, New York, as the ``Mother Frances + Xavier Cabrini Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 22, 2019 + + Mr. Rose of New York (for himself, Mr. King of New York, Mr. Morelle, + Mr. Higgins of New York, Ms. Velazquez, Mr. Suozzi, Mr. Sean Patrick + Maloney of New York, and Mr. Nadler) introduced the following bill; + which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 8320 13th Avenue in Brooklyn, New York, as the ``Mother Frances + Xavier Cabrini Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. MOTHER FRANCES XAVIER CABRINI POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 8320 13th Avenue in Brooklyn, New York, shall be known and +designated as the ``Mother Frances Xavier Cabrini Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Mother +Frances Xavier Cabrini Post Office Building''. + \ No newline at end of file From 8a44bb1bb9b3e6abc28074e0cca93bf0e26e3b97 Mon Sep 17 00:00:00 2001 From: "Rep. Rose, Max [D-NY-11]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 444/984] House-4794: Engrossed in House --- bills_text/House-4794.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-4794.txt b/bills_text/House-4794.txt index 4f9b894..32f208e 100644 --- a/bills_text/House-4794.txt +++ b/bills_text/House-4794.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4794 - To designate the facility of the United States Postal Service located - at 8320 13th Avenue in Brooklyn, New York, as the ``Mother Frances - Xavier Cabrini Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 22, 2019 - - Mr. Rose of New York (for himself, Mr. King of New York, Mr. Morelle, - Mr. Higgins of New York, Ms. Velazquez, Mr. Suozzi, Mr. Sean Patrick - Maloney of New York, and Mr. Nadler) introduced the following bill; - which was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -42,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Mother Frances Xavier Cabrini Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives February 5, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4794 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 8320 13th Avenue in Brooklyn, New York, as the ``Mother Frances + Xavier Cabrini Post Office Building''. From 37c2119fc4e0ed9f288ef76c9bdd8b1e7c210a7c Mon Sep 17 00:00:00 2001 From: "Rep. Rose, Max [D-NY-11]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 445/984] House-4794: Enrolled --- bills_text/House-4794.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4794.txt b/bills_text/House-4794.txt index 32f208e..8a82b8b 100644 --- a/bills_text/House-4794.txt +++ b/bills_text/House-4794.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4794 + H.R.4794 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 8320 13th Avenue in Brooklyn, New York, as the ``Mother Frances - Xavier Cabrini Post Office Building''. +To designate the facility of the United States Postal Service located at + 8320 13th Avenue in Brooklyn, New York, as the ``Mother Frances Xavier + Cabrini Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. MOTHER FRANCES XAVIER CABRINI POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 8320 13th Avenue in Brooklyn, New York, shall be known and designated as the ``Mother Frances Xavier Cabrini Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Mother Frances Xavier Cabrini Post Office Building''. - Passed the House of Representatives February 5, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4794 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 8320 13th Avenue in Brooklyn, New York, as the ``Mother Frances - Xavier Cabrini Post Office Building''. + Vice President of the United States and + President of the Senate. From 5a331601317e35929751b61abf5e3d1a3a7b4978 Mon Sep 17 00:00:00 2001 From: "Rep. Nadler, Jerrold [D-NY-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 446/984] House-4803: Introduced to House --- bills_text/House-4803.txt | 85 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 85 insertions(+) create mode 100644 bills_text/House-4803.txt diff --git a/bills_text/House-4803.txt b/bills_text/House-4803.txt new file mode 100644 index 0000000..e090a58 --- /dev/null +++ b/bills_text/House-4803.txt @@ -0,0 +1,85 @@ +116th CONGRESS + 1st Session + H. R. 4803 + + To facilitate the automatic acquisition of citizenship for lawful + permanent resident children of military and Federal Government + personnel residing abroad, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 23, 2019 + + Mr. Nadler (for himself, Mr. Collins of Georgia, Mr. Smith of + Washington, Mr. Thornberry, Ms. Lofgren, Mr. Buck, Mr. Ted Lieu of + California, and Mr. Gallego) introduced the following bill; which was + referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To facilitate the automatic acquisition of citizenship for lawful + permanent resident children of military and Federal Government + personnel residing abroad, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Citizenship for Children of Military +Members and Civil Servants Act''. + +SEC. 2. FACILITATING THE AUTOMATIC ACQUISITION OF CITIZENSHIP FOR + LAWFUL PERMANENT RESIDENT CHILDREN OF MILITARY AND + FEDERAL GOVERNMENT PERSONNEL RESIDING ABROAD. + + (a) In General.--Section 320 of the Immigration and Nationality Act +(8 U.S.C. 1431) is amended-- + (1) by striking the section header and inserting ``children + born outside the united states and lawfully admitted for + permanent residence; conditions under which citizenship + automatically acquired''; + (2) by redesignating subsection (c) as subsection (d); and + (3) by inserting after subsection (b) the following: + ``(c) Subsection (a)(3) is deemed satisfied in the case of a child +who is lawfully admitted for permanent residence in the United States +if-- + ``(1) the child is residing in the legal and physical + custody of a citizen parent who is-- + ``(A) stationed and residing abroad as an employee + of the Government of the United States; or + ``(B) residing abroad in marital union with an + employee of the Government of the United States who is + stationed abroad; or + ``(2) the child is-- + ``(A) residing in the legal and physical custody of + a citizen parent who is-- + ``(i) stationed and residing abroad as a + member of the Armed Forces of the United + States; or + ``(ii) authorized to accompany and reside + abroad with a member of the Armed Forces of the + United States pursuant to the member's official + orders, and is so accompanying and residing + abroad with the member in marital union; and + ``(B) authorized to accompany such member and + reside abroad with the member pursuant to the member's + official orders, and is so accompanying and residing + with the member.''. + (b) Conforming Amendment.--The table of contents for the +Immigration and Nationality Act is amended by striking the item +relating to section 320 and inserting the following: + +``Sec. 320. Children born outside the United States and lawfully + admitted for permanent residence; + conditions under which citizenship + automatically acquired.''. + \ No newline at end of file From 95619b31405fd1b316566f1cac4ede9d780d053c Mon Sep 17 00:00:00 2001 From: "Rep. Nadler, Jerrold [D-NY-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 447/984] House-4803: Engrossed in House --- bills_text/House-4803.txt | 48 +++++++++++++++++++++++---------------- 1 file changed, 29 insertions(+), 19 deletions(-) diff --git a/bills_text/House-4803.txt b/bills_text/House-4803.txt index e090a58..6e8cac5 100644 --- a/bills_text/House-4803.txt +++ b/bills_text/House-4803.txt @@ -2,26 +2,9 @@ 1st Session H. R. 4803 - To facilitate the automatic acquisition of citizenship for lawful - permanent resident children of military and Federal Government - personnel residing abroad, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 23, 2019 - - Mr. Nadler (for himself, Mr. Collins of Georgia, Mr. Smith of - Washington, Mr. Thornberry, Ms. Lofgren, Mr. Buck, Mr. Ted Lieu of - California, and Mr. Gallego) introduced the following bill; which was - referred to the Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -82,4 +65,31 @@ relating to section 320 and inserting the following: admitted for permanent residence; conditions under which citizenship automatically acquired.''. - \ No newline at end of file + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives December 3, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4803 + +_______________________________________________________________________ + + AN ACT + + To facilitate the automatic acquisition of citizenship for lawful + permanent resident children of military and Federal Government + personnel residing abroad, and for other purposes. From c653d0f1180c5755d8c06273fbf1252989794a00 Mon Sep 17 00:00:00 2001 From: "Rep. Nadler, Jerrold [D-NY-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 448/984] House-4803: Enrolled --- bills_text/House-4803.txt | 110 ++++++++++++++++---------------------- 1 file changed, 47 insertions(+), 63 deletions(-) diff --git a/bills_text/House-4803.txt b/bills_text/House-4803.txt index 6e8cac5..94313c1 100644 --- a/bills_text/House-4803.txt +++ b/bills_text/House-4803.txt @@ -1,73 +1,71 @@ -116th CONGRESS - 1st Session - H. R. 4803 + H.R.4803 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To facilitate the automatic acquisition of citizenship for lawful - permanent resident children of military and Federal Government - personnel residing abroad, and for other purposes. +permanent resident children of military and Federal Government personnel + residing abroad, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Citizenship for Children of Military Members and Civil Servants Act''. - SEC. 2. FACILITATING THE AUTOMATIC ACQUISITION OF CITIZENSHIP FOR - LAWFUL PERMANENT RESIDENT CHILDREN OF MILITARY AND - FEDERAL GOVERNMENT PERSONNEL RESIDING ABROAD. - +LAWFUL PERMANENT RESIDENT CHILDREN OF MILITARY AND FEDERAL GOVERNMENT +PERSONNEL RESIDING ABROAD. (a) In General.--Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended-- - (1) by striking the section header and inserting ``children - born outside the united states and lawfully admitted for - permanent residence; conditions under which citizenship - automatically acquired''; - (2) by redesignating subsection (c) as subsection (d); and - (3) by inserting after subsection (b) the following: + (1) by striking the section header and inserting ``children + born outside the united states and lawfully admitted for permanent + residence; conditions under which citizenship automatically + acquired''; + (2) by redesignating subsection (c) as subsection (d); and + (3) by inserting after subsection (b) the following: ``(c) Subsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if-- - ``(1) the child is residing in the legal and physical - custody of a citizen parent who is-- - ``(A) stationed and residing abroad as an employee - of the Government of the United States; or - ``(B) residing abroad in marital union with an - employee of the Government of the United States who is - stationed abroad; or - ``(2) the child is-- - ``(A) residing in the legal and physical custody of - a citizen parent who is-- - ``(i) stationed and residing abroad as a - member of the Armed Forces of the United - States; or - ``(ii) authorized to accompany and reside - abroad with a member of the Armed Forces of the - United States pursuant to the member's official - orders, and is so accompanying and residing - abroad with the member in marital union; and - ``(B) authorized to accompany such member and - reside abroad with the member pursuant to the member's - official orders, and is so accompanying and residing - with the member.''. + ``(1) the child is residing in the legal and physical custody + of a citizen parent who is-- + ``(A) stationed and residing abroad as an employee of the + Government of the United States; or + ``(B) residing abroad in marital union with an employee of + the Government of the United States who is stationed abroad; or + ``(2) the child is-- + ``(A) residing in the legal and physical custody of a + citizen parent who is-- + ``(i) stationed and residing abroad as a member of the + Armed Forces of the United States; or + ``(ii) authorized to accompany and reside abroad with a + member of the Armed Forces of the United States pursuant to + the member's official orders, and is so accompanying and + residing abroad with the member in marital union; and + ``(B) authorized to accompany such member and reside abroad + with the member pursuant to the member's official orders, and + is so accompanying and residing with the member.''. (b) Conforming Amendment.--The table of contents for the Immigration and Nationality Act is amended by striking the item relating to section 320 and inserting the following: ``Sec. 320. Children born outside the United States and lawfully - admitted for permanent residence; - conditions under which citizenship - automatically acquired.''. - + admitted for permanent residence; conditions under which + citizenship automatically acquired.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -75,21 +73,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives December 3, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 4803 - -_______________________________________________________________________ - - AN ACT - - To facilitate the automatic acquisition of citizenship for lawful - permanent resident children of military and Federal Government - personnel residing abroad, and for other purposes. + Vice President of the United States and + President of the Senate. From 040f17e4caca1e4c7b4df6d60d1c7eb195ceb278 Mon Sep 17 00:00:00 2001 From: "Rep. Gonzalez, Anthony [R-OH-16]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 449/984] House-4875: Introduced to House --- bills_text/House-4875.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-4875.txt diff --git a/bills_text/House-4875.txt b/bills_text/House-4875.txt new file mode 100644 index 0000000..7d13203 --- /dev/null +++ b/bills_text/House-4875.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 4875 + + To designate the facility of the United States Postal Service located + at 2201 E. Maple Street in North Canton, Ohio, as the ``Lance Cpl. + Stacy `Annie' Dryden Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 28, 2019 + + Mr. Gonzalez of Ohio (for himself, Mr. Latta, Mr. Wenstrup, Mr. Joyce + of Ohio, Mr. Jordan, Ms. Fudge, Mr. Turner, Mr. Chabot, Mr. Stivers, + Mr. Ryan, Mr. Balderson, Mr. Davidson of Ohio, Mr. Johnson of Ohio, +Mrs. Beatty, Ms. Kaptur, and Mr. Gibbs) introduced the following bill; + which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 2201 E. Maple Street in North Canton, Ohio, as the ``Lance Cpl. + Stacy `Annie' Dryden Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. LANCE CPL. STACY ``ANNIE'' DRYDEN POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 2201 E. Maple Street in North Canton, Ohio, shall be known +and designated as the ``Lance Cpl. Stacy `Annie' Dryden Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Lance Cpl. +Stacy `Annie' Dryden Post Office''. + \ No newline at end of file From f553e97304f409a38ca668d7de8f32854cc8c02e Mon Sep 17 00:00:00 2001 From: "Rep. Gonzalez, Anthony [R-OH-16]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 450/984] House-4875: Engrossed in House --- bills_text/House-4875.txt | 42 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 21 deletions(-) diff --git a/bills_text/House-4875.txt b/bills_text/House-4875.txt index 7d13203..ab98d91 100644 --- a/bills_text/House-4875.txt +++ b/bills_text/House-4875.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4875 - To designate the facility of the United States Postal Service located - at 2201 E. Maple Street in North Canton, Ohio, as the ``Lance Cpl. - Stacy `Annie' Dryden Post Office''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 28, 2019 - - Mr. Gonzalez of Ohio (for himself, Mr. Latta, Mr. Wenstrup, Mr. Joyce - of Ohio, Mr. Jordan, Ms. Fudge, Mr. Turner, Mr. Chabot, Mr. Stivers, - Mr. Ryan, Mr. Balderson, Mr. Davidson of Ohio, Mr. Johnson of Ohio, -Mrs. Beatty, Ms. Kaptur, and Mr. Gibbs) introduced the following bill; - which was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -42,4 +24,22 @@ and designated as the ``Lance Cpl. Stacy `Annie' Dryden Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lance Cpl. Stacy `Annie' Dryden Post Office''. - \ No newline at end of file + + Passed the House of Representatives September 30, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4875 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 2201 E. Maple Street in North Canton, Ohio, as the ``Lance Cpl. + Stacy `Annie' Dryden Post Office''. From 26934bc649b457095b60cefb92ce99fa752ef663 Mon Sep 17 00:00:00 2001 From: "Rep. Gonzalez, Anthony [R-OH-16]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 451/984] House-4875: Enrolled --- bills_text/House-4875.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4875.txt b/bills_text/House-4875.txt index ab98d91..a03eaac 100644 --- a/bills_text/House-4875.txt +++ b/bills_text/House-4875.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4875 + H.R.4875 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 2201 E. Maple Street in North Canton, Ohio, as the ``Lance Cpl. - Stacy `Annie' Dryden Post Office''. +To designate the facility of the United States Postal Service located at + 2201 E. Maple Street in North Canton, Ohio, as the ``Lance Cpl. Stacy + `Annie' Dryden Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. LANCE CPL. STACY ``ANNIE'' DRYDEN POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 2201 E. Maple Street in North Canton, Ohio, shall be known and designated as the ``Lance Cpl. Stacy `Annie' Dryden Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lance Cpl. Stacy `Annie' Dryden Post Office''. - Passed the House of Representatives September 30, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4875 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 2201 E. Maple Street in North Canton, Ohio, as the ``Lance Cpl. - Stacy `Annie' Dryden Post Office''. + Vice President of the United States and + President of the Senate. From a1e879b1def2ed05597a563a5558d6c31a68f133 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 452/984] House-4920: Introduced to House --- bills_text/House-4920.txt | 80 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 80 insertions(+) create mode 100644 bills_text/House-4920.txt diff --git a/bills_text/House-4920.txt b/bills_text/House-4920.txt new file mode 100644 index 0000000..cb4955a --- /dev/null +++ b/bills_text/House-4920.txt @@ -0,0 +1,80 @@ +116th CONGRESS + 1st Session + H. R. 4920 + + To amend title 38, United States Code, to provide for an exception to + certain small business contracting requirements applicable to the + Department of Veterans Affairs procurement of certain goods and +services covered under the Ability One program, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 30, 2019 + + Mr. Takano (for himself, Mr. David P. Roe of Tennessee, Ms. Meng, Mr. +Brindisi, Mr. Higgins of New York, Mr. Cleaver, Mrs. Brooks of Indiana, +Mrs. Walorski, Ms. Foxx of North Carolina, Mr. Pence, and Ms. Kendra S. +Horn of Oklahoma) introduced the following bill; which was referred to + the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend title 38, United States Code, to provide for an exception to + certain small business contracting requirements applicable to the + Department of Veterans Affairs procurement of certain goods and +services covered under the Ability One program, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Department of Veterans Affairs +Contracting Preference Consistency Act''. + +SEC. 2. EXCEPTION TO DEPARTMENT OF VETERANS AFFAIRS SMALL BUSINESS + CONTRACTING REQUIREMENT FOR CERTAIN GOODS AND SERVICES + COVERED UNDER ABILITY ONE PROGRAM. + + (a) In General.--Subsection (d) of section 8127 of title 38, United +States Code, is amended-- + (1) by striking ``Except'' and inserting ``(1) Except''; + (2) by inserting ``in paragraph (2) and'' before ``in + subsections (b) and (c)''; and + (3) by adding at the end the following new paragraph: + ``(2)(A) Notwithstanding paragraph (1), with respect to the +procurement of a covered product or service, a contracting officer of +the Department shall procure such product or service from a source +designated under chapter 85 of title 41, and in accordance with the +regulations prescribed under such chapter. + ``(B) In this paragraph, the term `covered product or service' +means-- + ``(i) a product or service that-- + ``(I) is included on the procurement list under + section 8503(a) of title 41; and + ``(II) was included on such procurement list on or + before December 22, 2006; or + ``(ii) a product or service that-- + ``(I) is a replacement for a product or service + described under clause (i); + ``(II) is essentially the same and meeting the same + requirement as the product or service being replaced; + and + ``(III) a contracting officer determines meets the + quality standards and delivery schedule of the + Department.''. + (b) Conforming Amendments.--Such section is further amended in each +of subsections (b) and (c), by striking ``For'' and inserting ``Except +as provided in subsection (d)(2), for''. + (c) Effective Date.--The amendments made by this section shall +apply with respect to a contract entered into on or after the date of +the enactment of this Act. + \ No newline at end of file From c3d358848ebc905bd801641efc98e79d5da56043 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 453/984] House-4920: Engrossed in House --- bills_text/House-4920.txt | 42 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 21 deletions(-) diff --git a/bills_text/House-4920.txt b/bills_text/House-4920.txt index cb4955a..4ad3851 100644 --- a/bills_text/House-4920.txt +++ b/bills_text/House-4920.txt @@ -2,28 +2,9 @@ 1st Session H. R. 4920 - To amend title 38, United States Code, to provide for an exception to - certain small business contracting requirements applicable to the - Department of Veterans Affairs procurement of certain goods and -services covered under the Ability One program, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 30, 2019 - - Mr. Takano (for himself, Mr. David P. Roe of Tennessee, Ms. Meng, Mr. -Brindisi, Mr. Higgins of New York, Mr. Cleaver, Mrs. Brooks of Indiana, -Mrs. Walorski, Ms. Foxx of North Carolina, Mr. Pence, and Ms. Kendra S. -Horn of Oklahoma) introduced the following bill; which was referred to - the Committee on Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -77,4 +58,23 @@ as provided in subsection (d)(2), for''. (c) Effective Date.--The amendments made by this section shall apply with respect to a contract entered into on or after the date of the enactment of this Act. - \ No newline at end of file + + Passed the House of Representatives December 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4920 + +_______________________________________________________________________ + + AN ACT + + To amend title 38, United States Code, to provide for an exception to + certain small business contracting requirements applicable to the + Department of Veterans Affairs procurement of certain goods and +services covered under the Ability One program, and for other purposes. From a169d6034e5a6525e7c539b8ac9642d2a1c5473c Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 454/984] House-4920: Enrolled --- bills_text/House-4920.txt | 115 +++++++++++++++++++------------------- 1 file changed, 59 insertions(+), 56 deletions(-) diff --git a/bills_text/House-4920.txt b/bills_text/House-4920.txt index 4ad3851..583380a 100644 --- a/bills_text/House-4920.txt +++ b/bills_text/House-4920.txt @@ -1,57 +1,75 @@ -116th CONGRESS - 1st Session - H. R. 4920 + H.R.4920 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend title 38, United States Code, to provide for an exception to certain small business contracting requirements applicable to the - Department of Veterans Affairs procurement of certain goods and -services covered under the Ability One program, and for other purposes. +Department of Veterans Affairs procurement of certain goods and services + covered under the Ability One program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Department of Veterans Affairs -Contracting Preference Consistency Act''. - +Contracting Preference Consistency Act of 2020''. SEC. 2. EXCEPTION TO DEPARTMENT OF VETERANS AFFAIRS SMALL BUSINESS - CONTRACTING REQUIREMENT FOR CERTAIN GOODS AND SERVICES - COVERED UNDER ABILITY ONE PROGRAM. - +CONTRACTING REQUIREMENT FOR CERTAIN GOODS AND SERVICES COVERED UNDER +ABILITY ONE PROGRAM. (a) In General.--Subsection (d) of section 8127 of title 38, United States Code, is amended-- - (1) by striking ``Except'' and inserting ``(1) Except''; - (2) by inserting ``in paragraph (2) and'' before ``in - subsections (b) and (c)''; and - (3) by adding at the end the following new paragraph: - ``(2)(A) Notwithstanding paragraph (1), with respect to the -procurement of a covered product or service, a contracting officer of -the Department shall procure such product or service from a source -designated under chapter 85 of title 41, and in accordance with the -regulations prescribed under such chapter. - ``(B) In this paragraph, the term `covered product or service' + (1) by striking ``Except'' and inserting ``(1) Except''; + (2) by inserting ``in paragraph (2) and'' before ``in + subsections (b) and (c)''; and + (3) by adding at the end the following new paragraph: + ``(2)(A) Notwithstanding paragraph (1) and except as provided by +subparagraph (B) of this paragraph, with respect to the procurement of +a covered product or service, a contracting officer of the Department +shall procure such product or service from a source designated under +chapter 85 of title 41, and in accordance with the regulations +prescribed under such chapter. + ``(B)(i) Subject to clause (ii), subparagraph (A) shall not apply +in the case of a covered product or service for which a contract was-- + ``(I) awarded under paragraph (1) after December 22, 2006; and + ``(II) in effect on the day before the date of the enactment of + the Department of Veterans Affairs Contracting Preference + Consistency Act of 2020. + ``(ii) Clause (i) shall cease to apply to a covered product or +service described in such clause upon a determination of the Secretary +that when the current contract for the covered product or service is +terminated or expires there is no reasonable expectation that-- + ``(I) two or more small business concerns owned and controlled + by veterans will submit offers as described in paragraph (1); and + ``(II) the award can be made at a fair and reasonable price + that offers best value to the United States. + ``(C) In this paragraph, the term `covered product or service' means-- - ``(i) a product or service that-- - ``(I) is included on the procurement list under - section 8503(a) of title 41; and - ``(II) was included on such procurement list on or - before December 22, 2006; or - ``(ii) a product or service that-- - ``(I) is a replacement for a product or service - described under clause (i); - ``(II) is essentially the same and meeting the same - requirement as the product or service being replaced; - and - ``(III) a contracting officer determines meets the - quality standards and delivery schedule of the - Department.''. + ``(i) a product or service that-- + ``(I) is included on the procurement list under section + 8503(a) of title 41; and + ``(II) was included on such procurement list on or before + December 22, 2006; or + ``(ii) a product or service that-- + ``(I) is a replacement for a product or service described + under clause (i); + ``(II) is essentially the same and meeting the same + requirement as the product or service being replaced; and + ``(III) a contracting officer determines meets the quality + standards and delivery schedule of the Department.''. (b) Conforming Amendments.--Such section is further amended in each of subsections (b) and (c), by striking ``For'' and inserting ``Except as provided in subsection (d)(2), for''. @@ -59,22 +77,7 @@ as provided in subsection (d)(2), for''. apply with respect to a contract entered into on or after the date of the enactment of this Act. - Passed the House of Representatives December 16, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4920 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - - To amend title 38, United States Code, to provide for an exception to - certain small business contracting requirements applicable to the - Department of Veterans Affairs procurement of certain goods and -services covered under the Ability One program, and for other purposes. + Vice President of the United States and + President of the Senate. From f97e3d1170ed2b5283a60036cd0f7221871fba4f Mon Sep 17 00:00:00 2001 From: "Rep. Wexton, Jennifer [D-VA-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 455/984] House-4971: Introduced to House --- bills_text/House-4971.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-4971.txt diff --git a/bills_text/House-4971.txt b/bills_text/House-4971.txt new file mode 100644 index 0000000..5b5f85a --- /dev/null +++ b/bills_text/House-4971.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 4971 + + To designate the facility of the United States Postal Service located +at 15 East Market Street in Leesburg, Virginia, as the ``Norman Duncan + Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 31, 2019 + + Ms. Wexton (for herself, Mr. Beyer, Mr. Cline, Mr. Connolly, Mrs. + Luria, Mr. McEachin, Mr. Riggleman, Mr. Scott of Virginia, and Ms. + Spanberger) introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 15 East Market Street in Leesburg, Virginia, as the ``Norman Duncan + Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. NORMAN DUNCAN POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 15 East Market Street in Leesburg, Virginia, shall be known +and designated as the ``Norman Duncan Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Norman +Duncan Post Office Building''. + \ No newline at end of file From e26bda4a43499d6c87cbbecc6ad1151d3ac415f6 Mon Sep 17 00:00:00 2001 From: "Rep. Wexton, Jennifer [D-VA-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 456/984] House-4971: Engrossed in House --- bills_text/House-4971.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-4971.txt b/bills_text/House-4971.txt index 5b5f85a..897a62c 100644 --- a/bills_text/House-4971.txt +++ b/bills_text/House-4971.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4971 - To designate the facility of the United States Postal Service located -at 15 East Market Street in Leesburg, Virginia, as the ``Norman Duncan - Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - October 31, 2019 - - Ms. Wexton (for herself, Mr. Beyer, Mr. Cline, Mr. Connolly, Mrs. - Luria, Mr. McEachin, Mr. Riggleman, Mr. Scott of Virginia, and Ms. - Spanberger) introduced the following bill; which was referred to the - Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -41,4 +24,22 @@ and designated as the ``Norman Duncan Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Norman Duncan Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 30, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4971 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 15 East Market Street in Leesburg, Virginia, as the ``Norman Duncan + Post Office Building''. From 98bba6a14e56d659459f98cd13be18905a99887a Mon Sep 17 00:00:00 2001 From: "Rep. Wexton, Jennifer [D-VA-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 457/984] House-4971: Enrolled --- bills_text/House-4971.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4971.txt b/bills_text/House-4971.txt index 897a62c..969e4ec 100644 --- a/bills_text/House-4971.txt +++ b/bills_text/House-4971.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4971 + H.R.4971 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 15 East Market Street in Leesburg, Virginia, as the ``Norman Duncan - Post Office Building''. +To designate the facility of the United States Postal Service located at +15 East Market Street in Leesburg, Virginia, as the ``Norman Duncan Post + Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. NORMAN DUNCAN POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 15 East Market Street in Leesburg, Virginia, shall be known and designated as the ``Norman Duncan Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Norman Duncan Post Office Building''. - Passed the House of Representatives September 30, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4971 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 15 East Market Street in Leesburg, Virginia, as the ``Norman Duncan - Post Office Building''. + Vice President of the United States and + President of the Senate. From d51e11695bcc70c5041ced67a6a65261ee37c318 Mon Sep 17 00:00:00 2001 From: "Rep. Spanberger, Abigail Davis [D-VA-7]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 458/984] House-4975: Introduced to House --- bills_text/House-4975.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-4975.txt diff --git a/bills_text/House-4975.txt b/bills_text/House-4975.txt new file mode 100644 index 0000000..d4891ea --- /dev/null +++ b/bills_text/House-4975.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 4975 + + To designate the facility of the United States Postal Service located +at 1201 Sycamore Square Drive in Midlothian, Virginia, as the ``Dorothy + Braden Bruce Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 1, 2019 + + Ms. Spanberger (for herself, Mr. Cline, Mrs. Luria, Ms. Wexton, Mr. +Wittman, Mr. Scott of Virginia, Mr. McEachin, Mr. Griffith, Mr. Beyer, + Mr. Connolly, and Mr. Riggleman) introduced the following bill; which + was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 1201 Sycamore Square Drive in Midlothian, Virginia, as the ``Dorothy + Braden Bruce Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DOROTHY BRADEN BRUCE POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 1201 Sycamore Square Drive in Midlothian, Virginia, shall be +known and designated as the ``Dorothy Braden Bruce Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Dorothy +Braden Bruce Post Office Building''. + \ No newline at end of file From 991d36273e0401aa54171a40efba595b88ec691a Mon Sep 17 00:00:00 2001 From: "Rep. Spanberger, Abigail Davis [D-VA-7]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 459/984] House-4975: Engrossed in House --- bills_text/House-4975.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-4975.txt b/bills_text/House-4975.txt index d4891ea..8990269 100644 --- a/bills_text/House-4975.txt +++ b/bills_text/House-4975.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4975 - To designate the facility of the United States Postal Service located -at 1201 Sycamore Square Drive in Midlothian, Virginia, as the ``Dorothy - Braden Bruce Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 1, 2019 - - Ms. Spanberger (for herself, Mr. Cline, Mrs. Luria, Ms. Wexton, Mr. -Wittman, Mr. Scott of Virginia, Mr. McEachin, Mr. Griffith, Mr. Beyer, - Mr. Connolly, and Mr. Riggleman) introduced the following bill; which - was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -42,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Dorothy Braden Bruce Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4975 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 1201 Sycamore Square Drive in Midlothian, Virginia, as the ``Dorothy + Braden Bruce Post Office Building''. From 40e0f38fe8aad0dbe730234ea5e1012c528a2394 Mon Sep 17 00:00:00 2001 From: "Rep. Spanberger, Abigail Davis [D-VA-7]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 460/984] House-4975: Enrolled --- bills_text/House-4975.txt | 45 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-4975.txt b/bills_text/House-4975.txt index 8990269..388e035 100644 --- a/bills_text/House-4975.txt +++ b/bills_text/House-4975.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4975 + H.R.4975 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 1201 Sycamore Square Drive in Midlothian, Virginia, as the ``Dorothy +To designate the facility of the United States Postal Service located at + 1201 Sycamore Square Drive in Midlothian, Virginia, as the ``Dorothy Braden Bruce Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DOROTHY BRADEN BRUCE POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 1201 Sycamore Square Drive in Midlothian, Virginia, shall be known and designated as the ``Dorothy Braden Bruce Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Dorothy Braden Bruce Post Office Building''. - Passed the House of Representatives September 14, 2020. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4975 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located -at 1201 Sycamore Square Drive in Midlothian, Virginia, as the ``Dorothy - Braden Bruce Post Office Building''. + Vice President of the United States and + President of the Senate. From d38d109c0f1b5e6ec1c9ab925e39798c2af3978d Mon Sep 17 00:00:00 2001 From: "Rep. Adams, Alma S. [D-NC-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 461/984] House-4981: Introduced to House --- bills_text/House-4981.txt | 47 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 47 insertions(+) create mode 100644 bills_text/House-4981.txt diff --git a/bills_text/House-4981.txt b/bills_text/House-4981.txt new file mode 100644 index 0000000..ed5cca6 --- /dev/null +++ b/bills_text/House-4981.txt @@ -0,0 +1,47 @@ +116th CONGRESS + 1st Session + H. R. 4981 + + To designate the facility of the United States Postal Service located +at 2505 Derita Avenue in Charlotte, North Carolina, as the ``Julius L. + Chambers Civil Rights Memorial Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 5, 2019 + + Ms. Adams (for herself, Mr. Butterfield, Mr. Holding, Mr. Murphy of + North Carolina, Mr. Price of North Carolina, Ms. Foxx of North + Carolina, Mr. Walker, Mr. Rouzer, Mr. Hudson, Mr. Bishop of North + Carolina, Mr. McHenry, Mr. Meadows, and Mr. Budd) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 2505 Derita Avenue in Charlotte, North Carolina, as the ``Julius L. + Chambers Civil Rights Memorial Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. JULIUS L. CHAMBERS CIVIL RIGHTS MEMORIAL POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 2505 Derita Avenue in Charlotte, North Carolina, shall be +known and designated as the ``Julius L. Chambers Civil Rights Memorial +Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Julius L. +Chambers Civil Rights Memorial Post Office''. + \ No newline at end of file From fcb13946285d909080926e61de7ea318fab0e2ab Mon Sep 17 00:00:00 2001 From: "Rep. Adams, Alma S. [D-NC-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 462/984] House-4981: Engrossed in House --- bills_text/House-4981.txt | 43 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 22 deletions(-) diff --git a/bills_text/House-4981.txt b/bills_text/House-4981.txt index ed5cca6..1f9b292 100644 --- a/bills_text/House-4981.txt +++ b/bills_text/House-4981.txt @@ -1,29 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4981 - To designate the facility of the United States Postal Service located -at 2505 Derita Avenue in Charlotte, North Carolina, as the ``Julius L. - Chambers Civil Rights Memorial Post Office''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 5, 2019 - - Ms. Adams (for herself, Mr. Butterfield, Mr. Holding, Mr. Murphy of - North Carolina, Mr. Price of North Carolina, Ms. Foxx of North - Carolina, Mr. Walker, Mr. Rouzer, Mr. Hudson, Mr. Bishop of North - Carolina, Mr. McHenry, Mr. Meadows, and Mr. Budd) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -44,4 +25,22 @@ Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Julius L. Chambers Civil Rights Memorial Post Office''. - \ No newline at end of file + + Passed the House of Representatives February 5, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4981 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 2505 Derita Avenue in Charlotte, North Carolina, as the ``Julius L. + Chambers Civil Rights Memorial Post Office''. From a3b47d7fdfb467014544f50dd94c1ef3c47e5cc4 Mon Sep 17 00:00:00 2001 From: "Rep. Adams, Alma S. [D-NC-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 463/984] House-4981: Enrolled --- bills_text/House-4981.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4981.txt b/bills_text/House-4981.txt index 1f9b292..f4d2e83 100644 --- a/bills_text/House-4981.txt +++ b/bills_text/House-4981.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4981 + H.R.4981 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 2505 Derita Avenue in Charlotte, North Carolina, as the ``Julius L. - Chambers Civil Rights Memorial Post Office''. +To designate the facility of the United States Postal Service located at + 2505 Derita Avenue in Charlotte, North Carolina, as the ``Julius L. + Chambers Civil Rights Memorial Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. JULIUS L. CHAMBERS CIVIL RIGHTS MEMORIAL POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 2505 Derita Avenue in Charlotte, North Carolina, shall be known and designated as the ``Julius L. Chambers Civil Rights Memorial @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Julius L. Chambers Civil Rights Memorial Post Office''. - Passed the House of Representatives February 5, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4981 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 2505 Derita Avenue in Charlotte, North Carolina, as the ``Julius L. - Chambers Civil Rights Memorial Post Office''. + Vice President of the United States and + President of the Senate. From 294cfd7c9d4f067c1e61b53d5fc0c217c9bf5723 Mon Sep 17 00:00:00 2001 From: "Rep. Biggs, Andy [R-AZ-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 464/984] House-4983: Introduced to House --- bills_text/House-4983.txt | 65 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 65 insertions(+) create mode 100644 bills_text/House-4983.txt diff --git a/bills_text/House-4983.txt b/bills_text/House-4983.txt new file mode 100644 index 0000000..51ef61f --- /dev/null +++ b/bills_text/House-4983.txt @@ -0,0 +1,65 @@ +116th CONGRESS + 1st Session + H. R. 4983 + + To designate the Department of Veterans Affairs community-based + outpatient clinic in Gilbert, Arizona, as the ``Staff Sergeant + Alexander W. Conrad Veterans Affairs Health Care Clinic''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 5, 2019 + + Mr. Biggs (for himself, Mr. Gallego, Mr. Gosar, Mr. Stanton, Mr. + Grijalva, Mrs. Lesko, Mrs. Kirkpatrick, Mr. O'Halleran, and Mr. + Schweikert) introduced the following bill; which was referred to the + Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the Department of Veterans Affairs community-based + outpatient clinic in Gilbert, Arizona, as the ``Staff Sergeant + Alexander W. Conrad Veterans Affairs Health Care Clinic''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. FINDINGS. + + Congress finds the following: + (1) Staff Sergeant Alexander W. Conrad of Chandler, + Arizona, joined the United States Army on June 1, 2010. + (2) Staff Sergeant Conrad's decorated service includes two + deployments to Afghanistan in support of Operation Enduring + Freedom. + (3) Staff Sergeant Conrad subsequently deployed to Africa + in support of Operation Octave Shield, while assigned to 1st + Battalion, 3rd Special Forces Group, Fort Bragg, North + Carolina, as a Human Intelligence Noncommissioned Officer. + (4) On June 8, 2018, Staff Sergeant Conrad died in Somalia + from injuries sustained from indirect enemy fire. + (5) Staff Sergeant Conrad was posthumously awarded the + Purple Heart, Bronze Star with Valor, and Meritorious Service + Medal. + +SEC. 2. DESIGNATION OF STAFF SERGEANT ALEXANDER W. CONRAD VETERANS + AFFAIRS HEALTH CARE CLINIC. + + (a) Designation.--The Southeast Veterans Affairs Health Care Clinic +located at 3285 South Val Vista Drive, Gilbert, Arizona, shall after +the date of the enactment of this Act be known and designated as the +``Staff Sergeant Alexander W. Conrad Veterans Affairs Health Care +Clinic''. + (b) Reference.--Any reference in a law, regulation, map, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Staff +Sergeant Alexander W. Conrad Veterans Affairs Health Care Clinic''. + \ No newline at end of file From f42826503cb59888f14573f2d6fb92587df4346c Mon Sep 17 00:00:00 2001 From: "Rep. Biggs, Andy [R-AZ-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 465/984] House-4983: Engrossed in House --- bills_text/House-4983.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-4983.txt b/bills_text/House-4983.txt index 51ef61f..85ea2ee 100644 --- a/bills_text/House-4983.txt +++ b/bills_text/House-4983.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4983 - To designate the Department of Veterans Affairs community-based - outpatient clinic in Gilbert, Arizona, as the ``Staff Sergeant - Alexander W. Conrad Veterans Affairs Health Care Clinic''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 5, 2019 - - Mr. Biggs (for himself, Mr. Gallego, Mr. Gosar, Mr. Stanton, Mr. - Grijalva, Mrs. Lesko, Mrs. Kirkpatrick, Mr. O'Halleran, and Mr. - Schweikert) introduced the following bill; which was referred to the - Committee on Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -62,4 +45,22 @@ Clinic''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Staff Sergeant Alexander W. Conrad Veterans Affairs Health Care Clinic''. - \ No newline at end of file + + Passed the House of Representatives September 23, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4983 + +_______________________________________________________________________ + + AN ACT + + To designate the Department of Veterans Affairs community-based + outpatient clinic in Gilbert, Arizona, as the ``Staff Sergeant + Alexander W. Conrad Veterans Affairs Health Care Clinic''. From 6e13d5d91d43e72323ceba3b4391fe6ffd4c5236 Mon Sep 17 00:00:00 2001 From: "Rep. Biggs, Andy [R-AZ-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 466/984] House-4983: Enrolled --- bills_text/House-4983.txt | 76 +++++++++++++++++---------------------- 1 file changed, 33 insertions(+), 43 deletions(-) diff --git a/bills_text/House-4983.txt b/bills_text/House-4983.txt index 85ea2ee..1631384 100644 --- a/bills_text/House-4983.txt +++ b/bills_text/House-4983.txt @@ -1,41 +1,45 @@ -116th CONGRESS - 2d Session - H. R. 4983 + H.R.4983 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To designate the Department of Veterans Affairs community-based - outpatient clinic in Gilbert, Arizona, as the ``Staff Sergeant - Alexander W. Conrad Veterans Affairs Health Care Clinic''. +outpatient clinic in Gilbert, Arizona, as the ``Staff Sergeant Alexander + W. Conrad Veterans Affairs Health Care Clinic''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. FINDINGS. - Congress finds the following: - (1) Staff Sergeant Alexander W. Conrad of Chandler, - Arizona, joined the United States Army on June 1, 2010. - (2) Staff Sergeant Conrad's decorated service includes two - deployments to Afghanistan in support of Operation Enduring - Freedom. - (3) Staff Sergeant Conrad subsequently deployed to Africa - in support of Operation Octave Shield, while assigned to 1st - Battalion, 3rd Special Forces Group, Fort Bragg, North - Carolina, as a Human Intelligence Noncommissioned Officer. - (4) On June 8, 2018, Staff Sergeant Conrad died in Somalia - from injuries sustained from indirect enemy fire. - (5) Staff Sergeant Conrad was posthumously awarded the - Purple Heart, Bronze Star with Valor, and Meritorious Service - Medal. - + (1) Staff Sergeant Alexander W. Conrad of Chandler, Arizona, + joined the United States Army on June 1, 2010. + (2) Staff Sergeant Conrad's decorated service includes two + deployments to Afghanistan in support of Operation Enduring + Freedom. + (3) Staff Sergeant Conrad subsequently deployed to Africa in + support of Operation Octave Shield, while assigned to 1st + Battalion, 3rd Special Forces Group, Fort Bragg, North Carolina, as + a Human Intelligence Noncommissioned Officer. + (4) On June 8, 2018, Staff Sergeant Conrad died in Somalia from + injuries sustained from indirect enemy fire. + (5) Staff Sergeant Conrad was posthumously awarded the Purple + Heart, Bronze Star with Valor, and Meritorious Service Medal. SEC. 2. DESIGNATION OF STAFF SERGEANT ALEXANDER W. CONRAD VETERANS - AFFAIRS HEALTH CARE CLINIC. - +AFFAIRS HEALTH CARE CLINIC. (a) Designation.--The Southeast Veterans Affairs Health Care Clinic located at 3285 South Val Vista Drive, Gilbert, Arizona, shall after the date of the enactment of this Act be known and designated as the @@ -46,21 +50,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Staff Sergeant Alexander W. Conrad Veterans Affairs Health Care Clinic''. - Passed the House of Representatives September 23, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - H. R. 4983 - -_______________________________________________________________________ - - AN ACT - - To designate the Department of Veterans Affairs community-based - outpatient clinic in Gilbert, Arizona, as the ``Staff Sergeant - Alexander W. Conrad Veterans Affairs Health Care Clinic''. + Vice President of the United States and + President of the Senate. From b1b732d2c48da9a4879e98f4958f9b463f7d96a7 Mon Sep 17 00:00:00 2001 From: "Rep. Kim, Andy [D-NJ-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 467/984] House-4988: Introduced to House --- bills_text/House-4988.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-4988.txt diff --git a/bills_text/House-4988.txt b/bills_text/House-4988.txt new file mode 100644 index 0000000..9d0fe85 --- /dev/null +++ b/bills_text/House-4988.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 4988 + + To designate the facility of the United States Postal Service located + at 14 Walnut Street in Bordentown, New Jersey, as the ``Clara Barton + Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 5, 2019 + + Mr. Kim (for himself, Mr. Norcross, Mr. Van Drew, Mr. Gottheimer, Mr. + Malinowski, Mr. Pascrell, Mr. Payne, Ms. Sherrill, and Mrs. Watson + Coleman) introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 14 Walnut Street in Bordentown, New Jersey, as the ``Clara Barton + Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. CLARA BARTON POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 14 Walnut Street in Bordentown, New Jersey, shall be known +and designated as the ``Clara Barton Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Clara +Barton Post Office Building''. + \ No newline at end of file From 0894ff69a26c258c6e292d9710d334187e773b2e Mon Sep 17 00:00:00 2001 From: "Rep. Kim, Andy [D-NJ-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 468/984] House-4988: Engrossed in House --- bills_text/House-4988.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-4988.txt b/bills_text/House-4988.txt index 9d0fe85..f3b1c0e 100644 --- a/bills_text/House-4988.txt +++ b/bills_text/House-4988.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 4988 - To designate the facility of the United States Postal Service located - at 14 Walnut Street in Bordentown, New Jersey, as the ``Clara Barton - Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 5, 2019 - - Mr. Kim (for himself, Mr. Norcross, Mr. Van Drew, Mr. Gottheimer, Mr. - Malinowski, Mr. Pascrell, Mr. Payne, Ms. Sherrill, and Mrs. Watson - Coleman) introduced the following bill; which was referred to the - Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -41,4 +24,22 @@ and designated as the ``Clara Barton Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Clara Barton Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 4988 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 14 Walnut Street in Bordentown, New Jersey, as the ``Clara Barton + Post Office Building''. From c3053fc23a05a6f3d325efb9b58dad9cad2eb642 Mon Sep 17 00:00:00 2001 From: "Rep. Kim, Andy [D-NJ-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 469/984] House-4988: Enrolled --- bills_text/House-4988.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-4988.txt b/bills_text/House-4988.txt index f3b1c0e..eab839c 100644 --- a/bills_text/House-4988.txt +++ b/bills_text/House-4988.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 4988 + H.R.4988 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 14 Walnut Street in Bordentown, New Jersey, as the ``Clara Barton - Post Office Building''. +To designate the facility of the United States Postal Service located at + 14 Walnut Street in Bordentown, New Jersey, as the ``Clara Barton Post + Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. CLARA BARTON POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 14 Walnut Street in Bordentown, New Jersey, shall be known and designated as the ``Clara Barton Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Clara Barton Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 4988 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 14 Walnut Street in Bordentown, New Jersey, as the ``Clara Barton - Post Office Building''. + Vice President of the United States and + President of the Senate. From f4c8dcb2e1dd8710586384e41513b50158a4c220 Mon Sep 17 00:00:00 2001 From: "Rep. Pallone, Frank, Jr. [D-NJ-6]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 470/984] House-4998: Introduced to House --- bills_text/House-4998.txt | 624 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 624 insertions(+) create mode 100644 bills_text/House-4998.txt diff --git a/bills_text/House-4998.txt b/bills_text/House-4998.txt new file mode 100644 index 0000000..6037f4f --- /dev/null +++ b/bills_text/House-4998.txt @@ -0,0 +1,624 @@ +116th CONGRESS + 1st Session + H. R. 4998 + + To prohibit certain Federal loans, grants, and subsidies from being + used to purchase communications equipment or services posing national + security risks, to provide for the establishment of a reimbursement + program for the replacement of communications equipment or services + posing such risks, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 8, 2019 + + Mr. Pallone (for himself, Mr. Walden, Ms. Matsui, and Mr. Guthrie) + introduced the following bill; which was referred to the Committee on + Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + + To prohibit certain Federal loans, grants, and subsidies from being + used to purchase communications equipment or services posing national + security risks, to provide for the establishment of a reimbursement + program for the replacement of communications equipment or services + posing such risks, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Secure and Trusted Communications +Networks Act of 2019''. + +SEC. 2. DETERMINATION OF COMMUNICATIONS EQUIPMENT OR SERVICES POSING + NATIONAL SECURITY RISKS. + + (a) Publication of Covered Communications Equipment or Services +List.--Not later than 1 year after the date of the enactment of this +Act, the Commission shall publish on its website a list of covered +communications equipment or services. + (b) Determination by Commission.--The Commission shall place on the +list published under subsection (a) any communications equipment or +service, if and only if the Commission determines that such equipment +or service-- + (1) is produced or provided by-- + (A) Huawei Technologies Co. Limited, Zhongxing + Telecommunications Equipment Corporation, or any + subsidiary or affiliate of either such entity; + (B) any successor to any entity described in + subparagraph (A); or + (C) any other entity, if the Commission determines, + based exclusively on the determinations described in + paragraphs (1) through (3) of subsection (c), that such + equipment or service produced or provided by such + entity poses an unacceptable risk to the national + security of the United States or the security and + safety of United States persons; and + (2) is capable of-- + (A) routing or redirecting user data traffic or + permitting visibility into any user data or packets + that such equipment or service transmits or otherwise + handles; or + (B) causing the network of a provider of advanced + communications service to be disrupted remotely. + (c) Reliance on Certain Other Determinations.--In making a +determination under subsection (b)(1)(C), the Commission shall rely +solely on one or more of the following determinations: + (1) A specific determination made by any executive branch + interagency body with appropriate national security expertise, + including the Federal Acquisition Security Council established + under section 1322(a) of title 41, United States Code. + (2) A specific determination made by the Department of + Commerce pursuant to Executive Order 13873 (84 Fed. Reg. 22689; + relating to securing the information and communications + technology and services supply chain). + (3) The communications equipment or service being covered + telecommunications equipment or services, as defined in section + 889(f)(3) of the John S. McCain National Defense Authorization + Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1918). + (d) Updating of List.-- + (1) In general.--The Commission shall periodically update + the list published under subsection (a), as necessary to + protect national security and to address changes in the + determinations described in paragraphs (1) through (3) of + subsection (c). + (2) Monitoring of determinations.--The Commission shall + monitor the making or reversing of the determinations described + in paragraphs (1) through (3) of subsection (c) in order to + determine whether to place communications equipment or services + on the list published under subsection (a) or to remove + communications equipment or services from such list. If a + determination described in any such paragraph that provided the + basis for a determination by the Commission under subsection + (b)(1)(C) with respect to any communications equipment or + service is reversed, the Commission shall remove such equipment + or service from such list, except that the Commission may not + remove such equipment or service from such list if any other + determination described in any such paragraph provides a basis + for a determination by the Commission under subsection + (b)(1)(C) with respect to such equipment or service. + (3) Public notification.--For each 12-month period during + which the list published under subsection (a) is not updated, + the Commission shall notify the public that no updates were + necessary during such period to protect national security or to + address changes in the determinations described in paragraphs + (1) through (3) of subsection (c). + +SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL LOANS, GRANTS, AND + SUBSIDIES. + + (a) In General.-- + (1) Prohibition.--A Federal loan, grant, or subsidy that is + made available through a program administered by the Commission + and that provides funds to be used for the capital expenditures + necessary for the provision of advanced communications service + may not be used to-- + (A) purchase, rent, lease, or otherwise obtain any + covered communications equipment or service; or + (B) maintain any covered communications equipment + or service previously purchased, rented, leased, or + otherwise obtained. + (2) Timing.--Paragraph (1) shall apply with respect to any + covered communications equipment or service beginning on the + date that is 60 days after the date on which the Commission + places such equipment or service on the list required by + section 2(a). In the case of any covered communications + equipment or service that is on the initial list published + under such section, such equipment or service shall be treated + as being placed on the list on the date on which such list is + published. + (b) Completion of Proceeding.--Not later than 90 days after the +date of the enactment of this Act, the Commission shall adopt a Report +and Order in the matter of Protecting Against National Security Threats +to the Communications Supply Chain Through FCC Programs (WC Docket No. +18-89) that implements subsection (a). + (c) Rule of Construction.--Nothing in this section may be construed +to limit a Federal agency from procuring goods or services. + +SEC. 4. SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT + PROGRAM. + + (a) In General.--The Commission shall establish a reimbursement +program, to be known as the ``Secure and Trusted Communications +Networks Reimbursement Program'', to make reimbursements to providers +of advanced communications service to replace covered communications +equipment or services. + (b) Eligibility.--The Commission may not make a reimbursement under +the Program to a provider of advanced communications service unless the +provider-- + (1) has 2,000,000 or fewer customers; and + (2) makes all of the certifications required by subsection + (d)(5). + (c) Use of Funds.-- + (1) In general.--A recipient of a reimbursement under the + Program shall use reimbursement funds solely for the purposes + of-- + (A) permanently removing covered communications + equipment or services purchased, rented, leased, or + otherwise obtained before-- + (i) in the case of any covered + communications equipment or services that are + on the initial list published under section + 2(a), August 14, 2018; or + (ii) in the case of any covered + communications equipment or services that are + not on the initial list published under section + 2(a), the date that is 60 days after the date + on which the Commission places such equipment + or services on the list required by such + section; + (B) replacing the covered communications equipment + or services removed as described in subparagraph (A) + with communications equipment or services that are not + covered communications equipment or services; and + (C) disposing of the covered communications + equipment or services removed as described in + subparagraph (A) in accordance with the requirements + under subsection (d)(8). + (2) Limitations.--A recipient of a reimbursement under the + Program may not-- + (A) use reimbursement funds to remove, replace, or + dispose of any covered communications equipment or + service purchased, rented, leased, or otherwise + obtained on or after-- + (i) in the case of any covered + communications equipment or service that is on + the initial list published under section 2(a), + August 14, 2018; or + (ii) in the case of any covered + communications equipment or service that is not + on the initial list published under section + 2(a), the date that is 60 days after the date + on which the Commission places such equipment + or service on the list required by such + section; or + (B) purchase, rent, lease, or otherwise obtain any + covered communications equipment or service, using + reimbursement funds or any other funds (including funds + derived from private sources). + (d) Implementation.-- + (1) Regulations.--Not later than 270 days after the date of + the enactment of this Act, the Commission shall promulgate + regulations to implement the Program. + (2) Suggested replacements.-- + (A) Development of list.--The Commission shall + develop a list of suggested replacements of both + physical and virtual communications equipment, + application and management software, and services. + (B) Neutrality.--The list developed under + subparagraph (A) shall be technology neutral and may + not advantage the use of reimbursement funds for + capital expenditures over operational expenditures, to + the extent that the Commission determines that + communications services can serve as an adequate + substitute for the installation of communications + equipment. + (3) Application process.-- + (A) In general.--The Commission shall develop an + application process and related forms and materials for + the Program. + (B) Cost estimate.-- + (i) Initial estimate.--The Commission shall + require an applicant to provide an initial + reimbursement cost estimate at the time of + application, with supporting materials + substantiating the costs. + (ii) Updates.--During and after the + application review process, the Commission may + require an applicant to-- + (I) update the initial + reimbursement cost estimate submitted + under clause (i); and + (II) submit additional supporting + materials substantiating an updated + cost estimate submitted under subclause + (I). + (C) Mitigation of burden.--In developing the + application process under this paragraph, the + Commission shall take reasonable steps to mitigate the + administrative burdens and costs associated with the + application process, while taking into account the need + to avoid waste, fraud, and abuse in the Program. + (4) Application review process.-- + (A) Deadline.-- + (i) In general.--Except as provided in + clause (ii) and subparagraph (B), the + Commission shall approve or deny an application + for a reimbursement under the Program not later + than 90 days after the date of the submission + of the application. + (ii) Additional time needed by + commission.--If the Commission determines that, + because an excessive number of applications + have been filed at one time, the Commission + needs additional time for employees of the + Commission to process the applications, the + Commission may extend the deadline described in + clause (i) for not more than 45 days. + (B) Opportunity for applicant to cure deficiency.-- + If the Commission determines that an application is + materially deficient (including by lacking an adequate + cost estimate or adequate supporting materials), the + Commission shall provide the applicant a 15-day period + to cure the defect before denying the application. If + such period would extend beyond the deadline under + subparagraph (A) for approving or denying the + application, such deadline shall be extended through + the end of such period. + (C) Effect of denial.--Denial of an application for + a reimbursement under the Program shall not preclude + the applicant from resubmitting the application or + submitting a new application for a reimbursement under + the Program at a later date. + (5) Certifications.--An applicant for a reimbursement under + the Program shall, in the application of the applicant, certify + to the Commission that-- + (A) as of the date of the submission of the + application, the applicant-- + (i) has developed a plan for-- + (I) the permanent removal and + replacement of any covered + communications equipment or services + that are in the communications network + of the applicant as of such date; and + (II) the disposal of the equipment + or services removed as described in + subclause (I) in accordance with the + requirements under paragraph (8); and + (ii) has developed a specific timeline + (subject to paragraph (7)) for the permanent + removal, replacement, and disposal of the + covered communications equipment or services + identified under clause (i), which timeline + shall be submitted to the Commission as part of + the application; and + (B) beginning on the date of the approval of the + application, the applicant-- + (i) will not purchase, rent, lease, or + otherwise obtain covered communications + equipment or services, using reimbursement + funds or any other funds (including funds + derived from private sources); and + (ii) in developing and tailoring the risk + management practices of the applicant, will + consult and consider the standards, guidelines, + and best practices set forth in the + cybersecurity framework developed by the + National Institute of Standards and Technology. + (6) Distribution of reimbursement funds.-- + (A) In general.--The Commission shall make + reasonable efforts to ensure that reimbursement funds + are distributed equitably among all applicants for + reimbursements under the Program according to the needs + of the applicants, as identified by the applications of + the applicants. + (B) Notification.--If, at any time during the + implementation of the Program, the Commission + determines that the funds made available to the + Commission to carry out the Program will not be + sufficient to fully fund all approved applications for + reimbursements under the Program, the Commission shall + immediately notify-- + (i) the Committee on Energy and Commerce + and the Committee on Appropriations of the + House of Representatives; and + (ii) the Committee on Commerce, Science, + and Transportation and the Committee on + Appropriations of the Senate. + (7) Removal, replacement, and disposal term.-- + (A) Deadline.--The permanent removal, replacement, + and disposal of any covered communications equipment or + services identified under paragraph (5)(A)(i) shall be + completed not later than 1 year after the date on which + the Commission approves the application. + (B) General extension.--The Commission may grant an + extension of the deadline described in subparagraph (A) + for 6 months to all recipients of reimbursements under + the Program if the Commission-- + (i) finds that the supply of replacement + communications equipment or services needed by + the recipients to achieve the purposes of the + Program is inadequate to meet the needs of the + recipients; and + (ii) provides notice and a detailed + justification for granting the extension to-- + (I) the Committee on Energy and + Commerce of the House of + Representatives; and + (II) the Committee on Commerce, + Science, and Transportation of the + Senate. + (C) Individual extension.-- + (i) Petition.--A recipient of a + reimbursement under the Program may petition + the Commission for an extension for such + recipient of the deadline described in + subparagraph (A) or, if the Commission has + granted an extension of such deadline under + subparagraph (B), such deadline as so extended. + (ii) Grant.--The Commission may grant a + petition filed under clause (i) by extending, + for the recipient that filed the petition, the + deadline described in subparagraph (A) or, if + the Commission has granted an extension of such + deadline under subparagraph (B), such deadline + as so extended, for a period of not more than 6 + months if the Commission finds that, due to no + fault of such recipient, such recipient is + unable to complete the permanent removal, + replacement, and disposal described in + subparagraph (A). + (8) Disposal of covered communications equipment or + services.--The Commission shall include in the regulations + promulgated under paragraph (1) requirements for the disposal + by a recipient of a reimbursement under the Program of covered + communications equipment or services identified under paragraph + (5)(A)(i) and removed from the network of the recipient in + order to prevent such equipment or services from being used in + the networks of providers of advanced communications service. + (9) Status updates.-- + (A) In general.--Not less frequently than once + every 90 days beginning on the date on which the + Commission approves an application for a reimbursement + under the Program, the recipient of the reimbursement + shall submit to the Commission a status update on the + work of the recipient to permanently remove, replace, + and dispose of the covered communications equipment or + services identified under paragraph (5)(A)(i). + (B) Public posting.--Not earlier than 30 days after + the date on which the Commission receives a status + update under subparagraph (A), the Commission shall + make such status update public on the website of the + Commission. + (C) Reports to congress.--Not less frequently than + once every 180 days beginning on the date on which the + Commission first makes funds available to a recipient + of a reimbursement under the Program, the Commission + shall prepare and submit to the Committee on Energy and + Commerce of the House of Representatives and the + Committee on Commerce, Science, and Transportation of + the Senate a report on-- + (i) the implementation of the Program by + the Commission; and + (ii) the work by recipients of + reimbursements under the Program to permanently + remove, replace, and dispose of covered + communications equipment or services identified + under paragraph (5)(A)(i). + (e) Measures To Avoid Waste, Fraud, and Abuse.-- + (1) In general.--The Commission shall take all necessary + steps to avoid waste, fraud, and abuse with respect to the + Program. + (2) Spending reports.--The Commission shall require + recipients of reimbursements under the Program to submit to the + Commission on a regular basis reports regarding how + reimbursement funds have been spent, including detailed + accounting of the covered communications equipment or services + permanently removed and disposed of, and the replacement + equipment or services purchased, rented, leased, or otherwise + obtained, using reimbursement funds. + (3) Audits, reviews, and field investigations.--The + Commission shall conduct-- + (A) regular audits and reviews of reimbursements + under the Program to confirm that recipients of such + reimbursements are complying with this Act; and + (B) random field investigations to ensure that + recipients of reimbursements under the Program are + performing the work such recipients are required to + perform under the commitments made in the applications + of such recipients for reimbursements under the + Program, including the permanent removal, replacement, + and disposal of the covered communications equipment or + services identified under subsection (d)(5)(A)(i). + (4) Final certification.-- + (A) In general.--The Commission shall require a + recipient of a reimbursement under the Program to + submit to the Commission, in a form and at an + appropriate time to be determined by the Commission, a + certification stating that the recipient-- + (i) has fully complied with (or is in the + process of complying with) all terms and + conditions of the Program; + (ii) has fully complied with (or is in the + process of complying with) the commitments made + in the application of the recipient for the + reimbursement; + (iii) has permanently removed from the + communications network of the recipient, + replaced, and disposed of (or is in the process + of permanently removing, replacing, and + disposing of) all covered communications + equipment or services that were in the network + of the recipient as of the date of the + submission of the application of the recipient + for the reimbursement; and + (iv) has fully complied with (or is in the + process of complying with) the timeline + submitted by the recipient under subparagraph + (A)(ii) of paragraph (5) of subsection (d) and + the other requirements of such paragraph. + (B) Updated certification.--If, at the time when a + recipient of a reimbursement under the Program submits + a certification under subparagraph (A), the recipient + has not fully complied as described in clause (i), + (ii), or (iv) of such subparagraph or has not completed + the permanent removal, replacement, and disposal + described in clause (iii) of such subparagraph, the + Commission shall require the recipient to file an + updated certification when the recipient has fully + complied as described in such clause (i), (ii), or (iv) + or completed such permanent removal, replacement, and + disposal. + (f) Effect of Removal of Equipment or Service From List.-- + (1) In general.--If, after the date on which a recipient of + a reimbursement under the Program submits the application for + the reimbursement, any covered communications equipment or + service that is in the network of the recipient as of such date + is removed from the list published under section 2(a), the + recipient may-- + (A) return to the Commission any reimbursement + funds received for the removal, replacement, and + disposal of such equipment or service and be released + from any requirement under this section to remove, + replace, or dispose of such equipment or service; or + (B) retain any reimbursement funds received for the + removal, replacement, and disposal of such equipment or + service and remain subject to the requirements of this + section to remove, replace, and dispose of such + equipment or service as if such equipment or service + continued to be on the list published under section + 2(a). + (2) Assurances.--In the case of an assurance relating to + the removal, replacement, or disposal of any equipment or + service with respect to which the recipient returns to the + Commission reimbursement funds under paragraph (1)(A), such + assurance may be satisfied by making an assurance that such + funds have been returned. + (g) Rule of Construction Regarding Timing of Reimbursement.-- +Nothing in this section shall be construed to prohibit the Commission +from making a reimbursement under the Program to a provider of advanced +communications service before the provider incurs the cost of the +permanent removal, replacement, and disposal of the covered +communications equipment or service for which the application of the +provider has been approved under this section. + (h) Education Efforts.--The Commission shall engage in education +efforts with providers of advanced communications service to-- + (1) encourage such providers to participate in the Program; + and + (2) assist such providers in submitting applications for + the Program. + (i) Separate From Federal Universal Service Programs.--The Program +shall be separate from any Federal universal service program +established under section 254 of the Communications Act of 1934 (47 +U.S.C. 254). + (j) Authorization of Appropriations.--There is authorized to be +appropriated to the Commission $1,000,000,000 for fiscal year 2020 to +carry out the Program. Such amount is authorized to remain available +through fiscal year 2029. + +SEC. 5. HOLD HARMLESS. + + In the case of a person who is a winner of the Connect America Fund +Phase II auction, has not yet been authorized to receive Connect +America Fund Phase II support, and demonstrates an inability to +reasonably meet the build-out and service obligations of such person +under Connect America Fund Phase II without using equipment or services +prohibited under this Act, such person may withdraw the application of +such person for Connect America Fund Phase II support without being +found in default or subject to forfeiture. + +SEC. 6. ENFORCEMENT. + + (a) Violations.--A violation of this Act or a regulation +promulgated under this Act shall be treated as a violation of the +Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation +promulgated under such Act, respectively. The Commission shall enforce +this Act and the regulations promulgated under this Act in the same +manner, by the same means, and with the same jurisdiction, powers, and +duties as though all applicable terms and provisions of the +Communications Act of 1934 were incorporated into and made a part of +this Act. + (b) Additional Penalties.-- + (1) In general.--Except as provided in paragraph (2), in + addition to penalties under the Communications Act of 1934, a + recipient of a reimbursement under the Program found to have + violated section 4, the regulations promulgated under such + section, or the commitments made by the recipient in the + application for the reimbursement-- + (A) shall repay to the Commission all reimbursement + funds provided to the recipient under the Program; + (B) shall be barred from further participation in + the Program; + (C) shall be referred to all appropriate law + enforcement agencies or officials for further action + under applicable criminal and civil laws; and + (D) may be barred by the Commission from + participation in other programs of the Commission, + including the Federal universal service support + programs established under section 254 of the + Communications Act of 1934 (47 U.S.C. 254). + (2) Notice and opportunity to cure.--The penalties + described in paragraph (1) shall not apply to a recipient of a + reimbursement under the Program unless-- + (A) the Commission provides the recipient with + notice of the violation; and + (B) the recipient fails to cure the violation + within 180 days after the Commission provides such + notice. + (c) Recovery of Funds.--The Commission shall immediately take +action to recover all reimbursement funds awarded to a recipient of a +reimbursement under the Program in any case in which such recipient is +required to repay reimbursement funds under subsection (b)(1)(A). + +SEC. 7. DEFINITIONS. + + In this Act: + (1) Advanced communications service.--The term ``advanced + communications service'' has the meaning given the term + ``advanced telecommunications capability'' in section 706 of + the Telecommunications Act of 1996 (47 U.S.C. 1302). + (2) Commission.--The term ``Commission'' means the Federal + Communications Commission. + (3) Covered communications equipment or service.--The term + ``covered communications equipment or service'' means any + communications equipment or service that is on the list + published by the Commission under section 2(a). + (4) Customers.--The term ``customers'' means, with respect + to a provider of advanced communications service-- + (A) the customers of such provider; and + (B) the customers of any affiliate (as defined in + section 3 of the Communications Act of 1934 (47 U.S.C. + 153)) of such provider. + (5) Executive branch interagency body.--The term + ``executive branch interagency body'' means an interagency body + established in the executive branch. + (6) Federal agency.--The term ``Federal agency'' has the + meaning given the term ``agency'' in section 551 of title 5, + United States Code. + (7) Person.--The term ``person'' means an individual or + entity. + (8) Program.--The term ``Program'' means the Secure and + Trusted Communications Networks Reimbursement Program + established under section 4(a). + (9) Provider of advanced communications service.--The term + ``provider of advanced communications service'' means a person + who provides advanced communications service to United States + customers. + (10) Recipient.--The term ``recipient'' means any provider + of advanced communications service the application of which for + a reimbursement under the Program has been approved by the + Commission, regardless of whether the provider has received + reimbursement funds. + (11) Reimbursement funds.--The term ``reimbursement funds'' + means any reimbursement received under the Program. + \ No newline at end of file From 7e0c004c24b4b688843514b2cf105ab373cbdb67 Mon Sep 17 00:00:00 2001 From: "Rep. Pallone, Frank, Jr. [D-NJ-6]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 471/984] House-4998: Engrossed in House --- bills_text/House-4998.txt | 413 ++++++++++++++++++++++++++------------ 1 file changed, 285 insertions(+), 128 deletions(-) diff --git a/bills_text/House-4998.txt b/bills_text/House-4998.txt index 6037f4f..e65c442 100644 --- a/bills_text/House-4998.txt +++ b/bills_text/House-4998.txt @@ -2,35 +2,17 @@ 1st Session H. R. 4998 - To prohibit certain Federal loans, grants, and subsidies from being - used to purchase communications equipment or services posing national - security risks, to provide for the establishment of a reimbursement - program for the replacement of communications equipment or services - posing such risks, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 8, 2019 - - Mr. Pallone (for himself, Mr. Walden, Ms. Matsui, and Mr. Guthrie) - introduced the following bill; which was referred to the Committee on - Energy and Commerce - _______________________________________________________________________ - A BILL + AN ACT - To prohibit certain Federal loans, grants, and subsidies from being - used to purchase communications equipment or services posing national - security risks, to provide for the establishment of a reimbursement - program for the replacement of communications equipment or services - posing such risks, and for other purposes. + To prohibit certain Federal subsidies from being used to purchase +communications equipment or services posing national security risks, to + provide for the establishment of a reimbursement program for the +replacement of communications equipment or services posing such risks, + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -47,80 +29,78 @@ SEC. 2. DETERMINATION OF COMMUNICATIONS EQUIPMENT OR SERVICES POSING List.--Not later than 1 year after the date of the enactment of this Act, the Commission shall publish on its website a list of covered communications equipment or services. - (b) Determination by Commission.--The Commission shall place on the + (b) Publication by Commission.--The Commission shall place on the list published under subsection (a) any communications equipment or -service, if and only if the Commission determines that such equipment -or service-- - (1) is produced or provided by-- - (A) Huawei Technologies Co. Limited, Zhongxing - Telecommunications Equipment Corporation, or any - subsidiary or affiliate of either such entity; - (B) any successor to any entity described in - subparagraph (A); or - (C) any other entity, if the Commission determines, - based exclusively on the determinations described in - paragraphs (1) through (3) of subsection (c), that such - equipment or service produced or provided by such - entity poses an unacceptable risk to the national - security of the United States or the security and - safety of United States persons; and +service, if and only if such equipment or service-- + (1) is produced or provided by any entity, if, based + exclusively on the determinations described in paragraphs (1) + through (4) of subsection (c), such equipment or service + produced or provided by such entity poses an unacceptable risk + to the national security of the United States or the security + and safety of United States persons; and (2) is capable of-- (A) routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment or service transmits or otherwise - handles; or + handles; (B) causing the network of a provider of advanced - communications service to be disrupted remotely. - (c) Reliance on Certain Other Determinations.--In making a -determination under subsection (b)(1)(C), the Commission shall rely -solely on one or more of the following determinations: + communications service to be disrupted remotely; or + (C) otherwise posing an unacceptable risk to the + national security of the United States or the security + and safety of United States persons. + (c) Reliance on Certain Determinations.--In taking action under +subsection (b)(1), the Commission shall place on the list any +communications equipment or service that poses an unacceptable risk to +the national security of the United States or the security and safety +of United States persons based solely on one or more of the following +determinations: (1) A specific determination made by any executive branch interagency body with appropriate national security expertise, including the Federal Acquisition Security Council established under section 1322(a) of title 41, United States Code. (2) A specific determination made by the Department of - Commerce pursuant to Executive Order 13873 (84 Fed. Reg. 22689; - relating to securing the information and communications + Commerce pursuant to Executive Order No. 13873 (84 Fed. Reg. + 22689; relating to securing the information and communications technology and services supply chain). (3) The communications equipment or service being covered telecommunications equipment or services, as defined in section 889(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1918). + (4) A specific determination made by an appropriate + national security agency. (d) Updating of List.-- (1) In general.--The Commission shall periodically update - the list published under subsection (a), as necessary to - protect national security and to address changes in the - determinations described in paragraphs (1) through (3) of + the list published under subsection (a) to address changes in + the determinations described in paragraphs (1) through (4) of subsection (c). (2) Monitoring of determinations.--The Commission shall monitor the making or reversing of the determinations described - in paragraphs (1) through (3) of subsection (c) in order to - determine whether to place communications equipment or services - on the list published under subsection (a) or to remove - communications equipment or services from such list. If a - determination described in any such paragraph that provided the - basis for a determination by the Commission under subsection - (b)(1)(C) with respect to any communications equipment or - service is reversed, the Commission shall remove such equipment - or service from such list, except that the Commission may not - remove such equipment or service from such list if any other - determination described in any such paragraph provides a basis - for a determination by the Commission under subsection - (b)(1)(C) with respect to such equipment or service. + in paragraphs (1) through (4) of subsection (c) in order to + place additional communications equipment or services on the + list published under subsection (a) or to remove communications + equipment or services from such list. If a determination + described in any such paragraph that provided the basis for a + determination by the Commission under subsection (b)(1) with + respect to any communications equipment or service is reversed, + the Commission shall remove such equipment or service from such + list, except that the Commission may not remove such equipment + or service from such list if any other determination described + in any such paragraph provides a basis for inclusion on such + list by the Commission under subsection (b)(1) with respect to + such equipment or service. (3) Public notification.--For each 12-month period during which the list published under subsection (a) is not updated, the Commission shall notify the public that no updates were necessary during such period to protect national security or to address changes in the determinations described in paragraphs - (1) through (3) of subsection (c). + (1) through (4) of subsection (c). -SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL LOANS, GRANTS, AND - SUBSIDIES. +SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL SUBSIDIES. (a) In General.-- - (1) Prohibition.--A Federal loan, grant, or subsidy that is - made available through a program administered by the Commission - and that provides funds to be used for the capital expenditures + (1) Prohibition.--A Federal subsidy that is made available + through a program administered by the Commission and that + provides funds to be used for the capital expenditures necessary for the provision of advanced communications service may not be used to-- (A) purchase, rent, lease, or otherwise obtain any @@ -137,13 +117,13 @@ SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL LOANS, GRANTS, AND under such section, such equipment or service shall be treated as being placed on the list on the date on which such list is published. - (b) Completion of Proceeding.--Not later than 90 days after the + (b) Completion of Proceeding.--Not later than 180 days after the date of the enactment of this Act, the Commission shall adopt a Report -and Order in the matter of Protecting Against National Security Threats -to the Communications Supply Chain Through FCC Programs (WC Docket No. -18-89) that implements subsection (a). - (c) Rule of Construction.--Nothing in this section may be construed -to limit a Federal agency from procuring goods or services. +and Order to implement subsection (a). If the Commission has, before +the date of the enactment of this Act, taken action that in whole or in +part implements subsection (a), the Commission is not required to +revisit such action, but only to the extent such action is consistent +with this section. SEC. 4. SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT PROGRAM. @@ -158,7 +138,7 @@ the Program to a provider of advanced communications service unless the provider-- (1) has 2,000,000 or fewer customers; and (2) makes all of the certifications required by subsection - (d)(5). + (d)(4). (c) Use of Funds.-- (1) In general.--A recipient of a reimbursement under the Program shall use reimbursement funds solely for the purposes @@ -184,7 +164,7 @@ provider-- (C) disposing of the covered communications equipment or services removed as described in subparagraph (A) in accordance with the requirements - under subsection (d)(8). + under subsection (d)(7). (2) Limitations.--A recipient of a reimbursement under the Program may not-- (A) use reimbursement funds to remove, replace, or @@ -207,14 +187,14 @@ provider-- reimbursement funds or any other funds (including funds derived from private sources). (d) Implementation.-- - (1) Regulations.--Not later than 270 days after the date of - the enactment of this Act, the Commission shall promulgate - regulations to implement the Program. - (2) Suggested replacements.-- + (1) Suggested replacements.-- (A) Development of list.--The Commission shall develop a list of suggested replacements of both physical and virtual communications equipment, - application and management software, and services. + application and management software, and services or + categories of replacements of both physical and virtual + communications equipment, application and management + software and services. (B) Neutrality.--The list developed under subparagraph (A) shall be technology neutral and may not advantage the use of reimbursement funds for @@ -223,7 +203,7 @@ provider-- communications services can serve as an adequate substitute for the installation of communications equipment. - (3) Application process.-- + (2) Application process.-- (A) In general.--The Commission shall develop an application process and related forms and materials for the Program. @@ -249,7 +229,7 @@ provider-- administrative burdens and costs associated with the application process, while taking into account the need to avoid waste, fraud, and abuse in the Program. - (4) Application review process.-- + (3) Application review process.-- (A) Deadline.-- (i) In general.--Except as provided in clause (ii) and subparagraph (B), the @@ -280,7 +260,7 @@ provider-- the applicant from resubmitting the application or submitting a new application for a reimbursement under the Program at a later date. - (5) Certifications.--An applicant for a reimbursement under + (4) Certifications.--An applicant for a reimbursement under the Program shall, in the application of the applicant, certify to the Commission that-- (A) as of the date of the submission of the @@ -294,9 +274,9 @@ provider-- (II) the disposal of the equipment or services removed as described in subclause (I) in accordance with the - requirements under paragraph (8); and + requirements under paragraph (7); and (ii) has developed a specific timeline - (subject to paragraph (7)) for the permanent + (subject to paragraph (6)) for the permanent removal, replacement, and disposal of the covered communications equipment or services identified under clause (i), which timeline @@ -315,7 +295,7 @@ provider-- and best practices set forth in the cybersecurity framework developed by the National Institute of Standards and Technology. - (6) Distribution of reimbursement funds.-- + (5) Distribution of reimbursement funds.-- (A) In general.--The Commission shall make reasonable efforts to ensure that reimbursement funds are distributed equitably among all applicants for @@ -324,9 +304,8 @@ provider-- the applicants. (B) Notification.--If, at any time during the implementation of the Program, the Commission - determines that the funds made available to the - Commission to carry out the Program will not be - sufficient to fully fund all approved applications for + determines that $1,000,000,000 will not be sufficient + to fully fund all approved applications for reimbursements under the Program, the Commission shall immediately notify-- (i) the Committee on Energy and Commerce @@ -335,12 +314,14 @@ provider-- (ii) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. - (7) Removal, replacement, and disposal term.-- - (A) Deadline.--The permanent removal, replacement, - and disposal of any covered communications equipment or - services identified under paragraph (5)(A)(i) shall be + (6) Removal, replacement, and disposal term.-- + (A) Deadline.--Except as provided in subparagraphs + (B) and (C), the permanent removal, replacement, and + disposal of any covered communications equipment or + services identified under paragraph (4)(A)(i) shall be completed not later than 1 year after the date on which - the Commission approves the application. + the Commission distributes reimbursement funds to the + recipient. (B) General extension.--The Commission may grant an extension of the deadline described in subparagraph (A) for 6 months to all recipients of reimbursements under @@ -378,15 +359,15 @@ provider-- unable to complete the permanent removal, replacement, and disposal described in subparagraph (A). - (8) Disposal of covered communications equipment or + (7) Disposal of covered communications equipment or services.--The Commission shall include in the regulations - promulgated under paragraph (1) requirements for the disposal + promulgated under subsection (g) requirements for the disposal by a recipient of a reimbursement under the Program of covered communications equipment or services identified under paragraph - (5)(A)(i) and removed from the network of the recipient in + (4)(A)(i) and removed from the network of the recipient in order to prevent such equipment or services from being used in the networks of providers of advanced communications service. - (9) Status updates.-- + (8) Status updates.-- (A) In general.--Not less frequently than once every 90 days beginning on the date on which the Commission approves an application for a reimbursement @@ -394,7 +375,7 @@ provider-- shall submit to the Commission a status update on the work of the recipient to permanently remove, replace, and dispose of the covered communications equipment or - services identified under paragraph (5)(A)(i). + services identified under paragraph (4)(A)(i). (B) Public posting.--Not earlier than 30 days after the date on which the Commission receives a status update under subparagraph (A), the Commission shall @@ -414,7 +395,7 @@ provider-- reimbursements under the Program to permanently remove, replace, and dispose of covered communications equipment or services identified - under paragraph (5)(A)(i). + under paragraph (4)(A)(i). (e) Measures To Avoid Waste, Fraud, and Abuse.-- (1) In general.--The Commission shall take all necessary steps to avoid waste, fraud, and abuse with respect to the @@ -439,7 +420,7 @@ provider-- of such recipients for reimbursements under the Program, including the permanent removal, replacement, and disposal of the covered communications equipment or - services identified under subsection (d)(5)(A)(i). + services identified under subsection (d)(4)(A)(i). (4) Final certification.-- (A) In general.--The Commission shall require a recipient of a reimbursement under the Program to @@ -465,7 +446,7 @@ provider-- (iv) has fully complied with (or is in the process of complying with) the timeline submitted by the recipient under subparagraph - (A)(ii) of paragraph (5) of subsection (d) and + (A)(ii) of paragraph (4) of subsection (d) and the other requirements of such paragraph. (B) Updated certification.--If, at the time when a recipient of a reimbursement under the Program submits @@ -504,29 +485,70 @@ provider-- Commission reimbursement funds under paragraph (1)(A), such assurance may be satisfied by making an assurance that such funds have been returned. - (g) Rule of Construction Regarding Timing of Reimbursement.-- + (g) Rulemaking.-- + (1) Commencement.--Not later than 90 days after the date of + the enactment of this Act, the Commission shall commence a + rulemaking to implement this section. + (2) Completion.--The Commission shall complete the + rulemaking under paragraph (1) not later than 1 year after the + date of the enactment of this Act. + (h) Rule of Construction Regarding Timing of Reimbursement.-- Nothing in this section shall be construed to prohibit the Commission from making a reimbursement under the Program to a provider of advanced communications service before the provider incurs the cost of the permanent removal, replacement, and disposal of the covered communications equipment or service for which the application of the provider has been approved under this section. - (h) Education Efforts.--The Commission shall engage in education + (i) Education Efforts.--The Commission shall engage in education efforts with providers of advanced communications service to-- (1) encourage such providers to participate in the Program; and (2) assist such providers in submitting applications for the Program. - (i) Separate From Federal Universal Service Programs.--The Program + (j) Separate From Federal Universal Service Programs.--The Program shall be separate from any Federal universal service program established under section 254 of the Communications Act of 1934 (47 U.S.C. 254). - (j) Authorization of Appropriations.--There is authorized to be -appropriated to the Commission $1,000,000,000 for fiscal year 2020 to -carry out the Program. Such amount is authorized to remain available -through fiscal year 2029. -SEC. 5. HOLD HARMLESS. +SEC. 5. REPORTS ON COVERED COMMUNICATIONS EQUIPMENT OR SERVICES. + + (a) In General.--Each provider of advanced communications service +shall submit an annual report to the Commission, in a form to be +determined by the Commission, regarding whether such provider has +purchased, rented, leased, or otherwise obtained any covered +communications equipment or service on or after-- + (1) in the case of any covered communications equipment or + service that is on the initial list published under section + 2(a), August 14, 2018; or + (2) in the case of any covered communications equipment or + service that is not on the initial list published under section + 2(a), the date that is 60 days after the date on which the + Commission places such equipment or service on the list + required by such section. + (b) Rule of Construction.--If a provider of advanced communications +service certifies to the Commission that such provider does not have +any covered communications equipment or service in the network of such +provider, such provider is not required to submit a report under +subsection (a) after making such certification, unless such provider +later purchases, rents, leases, or otherwise obtains any covered +communications equipment or service. + (c) Justification.--If a provider of advanced communications +service indicates in a report under subsection (a) that such provider +has purchased, rented, leased, or otherwise obtained any covered +communications equipment or service as described in such subsection, +such provider shall include in such report-- + (1) a detailed justification for such action; + (2) information about whether such covered communications + equipment or service has subsequently been removed and replaced + pursuant to section 4; and + (3) information about whether such provider plans to + continue to purchase, rent, lease, or otherwise obtain, or + install or use, such covered communications equipment or + service and, if so, why. + (d) Proceeding.--The Commission shall implement this section as +part of the rulemaking required by section 4(g). + +SEC. 6. HOLD HARMLESS. In the case of a person who is a winner of the Connect America Fund Phase II auction, has not yet been authorized to receive Connect @@ -535,9 +557,11 @@ reasonably meet the build-out and service obligations of such person under Connect America Fund Phase II without using equipment or services prohibited under this Act, such person may withdraw the application of such person for Connect America Fund Phase II support without being -found in default or subject to forfeiture. +found in default or subject to forfeiture. The Commission may set a +deadline to make such a withdrawal that is not earlier than the date +that is 60 days after the date of the enactment of this Act. -SEC. 6. ENFORCEMENT. +SEC. 7. ENFORCEMENT. (a) Violations.--A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of the @@ -580,45 +604,178 @@ action to recover all reimbursement funds awarded to a recipient of a reimbursement under the Program in any case in which such recipient is required to repay reimbursement funds under subsection (b)(1)(A). -SEC. 7. DEFINITIONS. +SEC. 8. NTIA PROGRAM FOR PREVENTING FUTURE VULNERABILITIES. + + (a) Future Vulnerability Program.-- + (1) Establishment.--Not later than 120 days after the date + of the enactment of this Act, including an opportunity for + notice and comment, the Assistant Secretary, in cooperation + with the Director of National Intelligence, the Director of the + Federal Bureau of Investigation, the Secretary of Homeland + Security, and the Commission, shall establish a program to + share information regarding supply chain security risks with + trusted providers of advanced communications service and + trusted suppliers of communications equipment or services. + (2) Activities.--In carrying out the program established + under paragraph (1), the Assistant Secretary shall-- + (A) conduct regular briefings and other events to + share information with trusted providers of advanced + communications service and trusted suppliers of + communications equipment or services; + (B) engage with trusted providers of advanced + communications service and trusted suppliers of + communications equipment or services, in particular + such providers and suppliers that-- + (i) are small businesses; or + (ii) primarily serve rural areas; + (C) not later than 180 days after the date of the + enactment of this Act, submit to the Committee on + Energy and Commerce of the House of Representatives and + the Committee on Commerce, Science, and Transportation + of the Senate a plan for-- + (i) declassifying material, when feasible, + to help share information regarding supply + chain security risks with trusted providers of + advanced communications service and trusted + suppliers of communications equipment or + services; and + (ii) expediting and expanding the provision + of security clearances to facilitate + information sharing regarding supply chain + security risks with trusted providers of + advanced communications service and trusted + suppliers of communications equipment or + services; and + (D) ensure that the activities carried out through + the program are consistent with and, to the extent + practicable, integrated with, ongoing activities of the + Department of Homeland Security and the Department of + Commerce. + (3) Scope of program.--The program established under + paragraph (1) shall involve only the sharing of information + regarding supply chain security risks by the Federal Government + to trusted providers of advanced communications service and + trusted suppliers of communications equipment or services, and + not the sharing of such information by such providers and + suppliers to the Federal Government. + (b) Representation on CSRIC of Interests of Public and Consumers.-- + (1) In general.--The Commission shall appoint to the + Communications Security, Reliability, and Interoperability + Council (or any successor thereof), and to each subcommittee, + workgroup, or other subdivision of the Council (or any such + successor), at least one member to represent the interests of + the public and consumers. + (2) Initial appointments.--The Commission shall make the + initial appointments required by paragraph (1) not later than + 180 days after the date of the enactment of this Act. Any + member so appointed shall be in addition to the members of the + Council, or the members of the subdivision of the Council to + which the appointment is being made, as the case may be, as of + the date of the enactment of this Act. + (c) Definitions.--In this section: + (1) Assistant secretary.--The term ``Assistant Secretary'' + means the Assistant Secretary of Commerce for Communications + and Information. + (2) Foreign adversary.--The term ``foreign adversary'' + means any foreign government or foreign nongovernment person + engaged in a long-term pattern or serious instances of conduct + significantly adverse to the national security of the United + States or security and safety of United States persons. + (3) Supply chain security risk.--The term ``supply chain + security risk'' includes specific risk and vulnerability + information related to equipment and software. + (4) Trusted.--The term ``trusted'' means, with respect to a + provider of advanced communications service or a supplier of + communications equipment or service, that the Assistant + Secretary has determined that such provider or supplier is not + owned by, controlled by, or subject to the influence of a + foreign adversary. + +SEC. 9. DEFINITIONS. In this Act: (1) Advanced communications service.--The term ``advanced communications service'' has the meaning given the term ``advanced telecommunications capability'' in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302). - (2) Commission.--The term ``Commission'' means the Federal + (2) Appropriate national security agency.--The term + ``appropriate national security agency'' means-- + (A) the Department of Homeland Security; + (B) the Department of Defense; + (C) the Office of the Director of National + Intelligence; + (D) the National Security Agency; and + (E) the Federal Bureau of Investigation. + (3) Commission.--The term ``Commission'' means the Federal Communications Commission. - (3) Covered communications equipment or service.--The term + (4) Communications equipment or service.--The term + ``communications equipment or service'' means any equipment or + service that is essential to the provision of advanced + communications service. + (5) Covered communications equipment or service.--The term ``covered communications equipment or service'' means any communications equipment or service that is on the list published by the Commission under section 2(a). - (4) Customers.--The term ``customers'' means, with respect + (6) Customers.--The term ``customers'' means, with respect to a provider of advanced communications service-- (A) the customers of such provider; and (B) the customers of any affiliate (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)) of such provider. - (5) Executive branch interagency body.--The term + (7) Executive branch interagency body.--The term ``executive branch interagency body'' means an interagency body established in the executive branch. - (6) Federal agency.--The term ``Federal agency'' has the - meaning given the term ``agency'' in section 551 of title 5, - United States Code. - (7) Person.--The term ``person'' means an individual or + (8) Person.--The term ``person'' means an individual or entity. - (8) Program.--The term ``Program'' means the Secure and + (9) Program.--The term ``Program'' means the Secure and Trusted Communications Networks Reimbursement Program established under section 4(a). - (9) Provider of advanced communications service.--The term + (10) Provider of advanced communications service.--The term ``provider of advanced communications service'' means a person who provides advanced communications service to United States customers. - (10) Recipient.--The term ``recipient'' means any provider + (11) Recipient.--The term ``recipient'' means any provider of advanced communications service the application of which for a reimbursement under the Program has been approved by the Commission, regardless of whether the provider has received reimbursement funds. - (11) Reimbursement funds.--The term ``reimbursement funds'' + (12) Reimbursement funds.--The term ``reimbursement funds'' means any reimbursement received under the Program. - \ No newline at end of file + +SEC. 10. SEVERABILITY. + + If any provision of this Act, or the application of such a +provision to any person or circumstance, is held to be +unconstitutional, the remaining provisions of this Act, and the +application of such provisions to any person or circumstance, shall not +be affected thereby. + +SEC. 11. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives December 16, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 4998 + +_______________________________________________________________________ + + AN ACT + + To prohibit certain Federal subsidies from being used to purchase +communications equipment or services posing national security risks, to + provide for the establishment of a reimbursement program for the +replacement of communications equipment or services posing such risks, + and for other purposes. From 1338d181b3cdf79d003cb2ced4817daff41fb759 Mon Sep 17 00:00:00 2001 From: "Rep. Pallone, Frank, Jr. [D-NJ-6]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 472/984] House-4998: Received in Senate --- bills_text/House-4998.txt | 31 ++++++++++++++++--------------- 1 file changed, 16 insertions(+), 15 deletions(-) diff --git a/bills_text/House-4998.txt b/bills_text/House-4998.txt index e65c442..d07850d 100644 --- a/bills_text/House-4998.txt +++ b/bills_text/House-4998.txt @@ -2,6 +2,16 @@ 1st Session H. R. 4998 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 17, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -14,6 +24,10 @@ communications equipment or services posing national security risks, to replacement of communications equipment or services posing such risks, and for other purposes. + + + + Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -763,19 +777,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 4998 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To prohibit certain Federal subsidies from being used to purchase -communications equipment or services posing national security risks, to - provide for the establishment of a reimbursement program for the -replacement of communications equipment or services posing such risks, - and for other purposes. + Clerk. From 626e1378b43962a059a8de38f33bd6e854735594 Mon Sep 17 00:00:00 2001 From: "Rep. Pallone, Frank, Jr. [D-NJ-6]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 473/984] House-4998: Enrolled --- bills_text/House-4998.txt | 1203 +++++++++++++++++-------------------- 1 file changed, 556 insertions(+), 647 deletions(-) diff --git a/bills_text/House-4998.txt b/bills_text/House-4998.txt index d07850d..99b7d0f 100644 --- a/bills_text/House-4998.txt +++ b/bills_text/House-4998.txt @@ -1,44 +1,35 @@ -116th CONGRESS - 1st Session - H. R. 4998 + H.R.4998 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 17, 2019 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act To prohibit certain Federal subsidies from being used to purchase communications equipment or services posing national security risks, to - provide for the establishment of a reimbursement program for the -replacement of communications equipment or services posing such risks, - and for other purposes. - - - - + provide for the establishment of a reimbursement program for the + replacement of communications equipment or services posing such risks, + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Secure and Trusted Communications Networks Act of 2019''. - SEC. 2. DETERMINATION OF COMMUNICATIONS EQUIPMENT OR SERVICES POSING - NATIONAL SECURITY RISKS. - +NATIONAL SECURITY RISKS. (a) Publication of Covered Communications Equipment or Services List.--Not later than 1 year after the date of the enactment of this Act, the Commission shall publish on its website a list of covered @@ -46,91 +37,85 @@ communications equipment or services. (b) Publication by Commission.--The Commission shall place on the list published under subsection (a) any communications equipment or service, if and only if such equipment or service-- - (1) is produced or provided by any entity, if, based - exclusively on the determinations described in paragraphs (1) - through (4) of subsection (c), such equipment or service - produced or provided by such entity poses an unacceptable risk - to the national security of the United States or the security - and safety of United States persons; and - (2) is capable of-- - (A) routing or redirecting user data traffic or - permitting visibility into any user data or packets - that such equipment or service transmits or otherwise - handles; - (B) causing the network of a provider of advanced - communications service to be disrupted remotely; or - (C) otherwise posing an unacceptable risk to the - national security of the United States or the security - and safety of United States persons. + (1) is produced or provided by any entity, if, based + exclusively on the determinations described in paragraphs (1) + through (4) of subsection (c), such equipment or service produced + or provided by such entity poses an unacceptable risk to the + national security of the United States or the security and safety + of United States persons; and + (2) is capable of-- + (A) routing or redirecting user data traffic or permitting + visibility into any user data or packets that such equipment or + service transmits or otherwise handles; + (B) causing the network of a provider of advanced + communications service to be disrupted remotely; or + (C) otherwise posing an unacceptable risk to the national + security of the United States or the security and safety of + United States persons. (c) Reliance on Certain Determinations.--In taking action under subsection (b)(1), the Commission shall place on the list any communications equipment or service that poses an unacceptable risk to the national security of the United States or the security and safety of United States persons based solely on one or more of the following determinations: - (1) A specific determination made by any executive branch - interagency body with appropriate national security expertise, - including the Federal Acquisition Security Council established - under section 1322(a) of title 41, United States Code. - (2) A specific determination made by the Department of - Commerce pursuant to Executive Order No. 13873 (84 Fed. Reg. - 22689; relating to securing the information and communications - technology and services supply chain). - (3) The communications equipment or service being covered - telecommunications equipment or services, as defined in section - 889(f)(3) of the John S. McCain National Defense Authorization - Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1918). - (4) A specific determination made by an appropriate - national security agency. + (1) A specific determination made by any executive branch + interagency body with appropriate national security expertise, + including the Federal Acquisition Security Council established + under section 1322(a) of title 41, United States Code. + (2) A specific determination made by the Department of Commerce + pursuant to Executive Order No. 13873 (84 Fed. Reg. 22689; relating + to securing the information and communications technology and + services supply chain). + (3) The communications equipment or service being covered + telecommunications equipment or services, as defined in section + 889(f)(3) of the John S. McCain National Defense Authorization Act + for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1918). + (4) A specific determination made by an appropriate national + security agency. (d) Updating of List.-- - (1) In general.--The Commission shall periodically update - the list published under subsection (a) to address changes in - the determinations described in paragraphs (1) through (4) of - subsection (c). - (2) Monitoring of determinations.--The Commission shall - monitor the making or reversing of the determinations described - in paragraphs (1) through (4) of subsection (c) in order to - place additional communications equipment or services on the - list published under subsection (a) or to remove communications - equipment or services from such list. If a determination - described in any such paragraph that provided the basis for a - determination by the Commission under subsection (b)(1) with - respect to any communications equipment or service is reversed, - the Commission shall remove such equipment or service from such - list, except that the Commission may not remove such equipment - or service from such list if any other determination described - in any such paragraph provides a basis for inclusion on such - list by the Commission under subsection (b)(1) with respect to - such equipment or service. - (3) Public notification.--For each 12-month period during - which the list published under subsection (a) is not updated, - the Commission shall notify the public that no updates were - necessary during such period to protect national security or to - address changes in the determinations described in paragraphs - (1) through (4) of subsection (c). - + (1) In general.--The Commission shall periodically update the + list published under subsection (a) to address changes in the + determinations described in paragraphs (1) through (4) of + subsection (c). + (2) Monitoring of determinations.--The Commission shall monitor + the making or reversing of the determinations described in + paragraphs (1) through (4) of subsection (c) in order to place + additional communications equipment or services on the list + published under subsection (a) or to remove communications + equipment or services from such list. If a determination described + in any such paragraph that provided the basis for a determination + by the Commission under subsection (b)(1) with respect to any + communications equipment or service is reversed, the Commission + shall remove such equipment or service from such list, except that + the Commission may not remove such equipment or service from such + list if any other determination described in any such paragraph + provides a basis for inclusion on such list by the Commission under + subsection (b)(1) with respect to such equipment or service. + (3) Public notification.--For each 12-month period during which + the list published under subsection (a) is not updated, the + Commission shall notify the public that no updates were necessary + during such period to protect national security or to address + changes in the determinations described in paragraphs (1) through + (4) of subsection (c). SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL SUBSIDIES. - (a) In General.-- - (1) Prohibition.--A Federal subsidy that is made available - through a program administered by the Commission and that - provides funds to be used for the capital expenditures - necessary for the provision of advanced communications service - may not be used to-- - (A) purchase, rent, lease, or otherwise obtain any - covered communications equipment or service; or - (B) maintain any covered communications equipment - or service previously purchased, rented, leased, or - otherwise obtained. - (2) Timing.--Paragraph (1) shall apply with respect to any - covered communications equipment or service beginning on the - date that is 60 days after the date on which the Commission - places such equipment or service on the list required by - section 2(a). In the case of any covered communications - equipment or service that is on the initial list published - under such section, such equipment or service shall be treated - as being placed on the list on the date on which such list is - published. + (1) Prohibition.--A Federal subsidy that is made available + through a program administered by the Commission and that provides + funds to be used for the capital expenditures necessary for the + provision of advanced communications service may not be used to-- + (A) purchase, rent, lease, or otherwise obtain any covered + communications equipment or service; or + (B) maintain any covered communications equipment or + service previously purchased, rented, leased, or otherwise + obtained. + (2) Timing.--Paragraph (1) shall apply with respect to any + covered communications equipment or service beginning on the date + that is 60 days after the date on which the Commission places such + equipment or service on the list required by section 2(a). In the + case of any covered communications equipment or service that is on + the initial list published under such section, such equipment or + service shall be treated as being placed on the list on the date on + which such list is published. (b) Completion of Proceeding.--Not later than 180 days after the date of the enactment of this Act, the Commission shall adopt a Report and Order to implement subsection (a). If the Commission has, before @@ -138,10 +123,8 @@ the date of the enactment of this Act, taken action that in whole or in part implements subsection (a), the Commission is not required to revisit such action, but only to the extent such action is consistent with this section. - SEC. 4. SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT - PROGRAM. - +PROGRAM. (a) In General.--The Commission shall establish a reimbursement program, to be known as the ``Secure and Trusted Communications Networks Reimbursement Program'', to make reimbursements to providers @@ -150,362 +133,318 @@ equipment or services. (b) Eligibility.--The Commission may not make a reimbursement under the Program to a provider of advanced communications service unless the provider-- - (1) has 2,000,000 or fewer customers; and - (2) makes all of the certifications required by subsection - (d)(4). + (1) has 2,000,000 or fewer customers; and + (2) makes all of the certifications required by subsection + (d)(4). (c) Use of Funds.-- - (1) In general.--A recipient of a reimbursement under the - Program shall use reimbursement funds solely for the purposes - of-- - (A) permanently removing covered communications - equipment or services purchased, rented, leased, or - otherwise obtained before-- - (i) in the case of any covered - communications equipment or services that are - on the initial list published under section - 2(a), August 14, 2018; or - (ii) in the case of any covered - communications equipment or services that are - not on the initial list published under section - 2(a), the date that is 60 days after the date - on which the Commission places such equipment - or services on the list required by such - section; - (B) replacing the covered communications equipment - or services removed as described in subparagraph (A) - with communications equipment or services that are not - covered communications equipment or services; and - (C) disposing of the covered communications - equipment or services removed as described in - subparagraph (A) in accordance with the requirements - under subsection (d)(7). - (2) Limitations.--A recipient of a reimbursement under the - Program may not-- - (A) use reimbursement funds to remove, replace, or - dispose of any covered communications equipment or - service purchased, rented, leased, or otherwise - obtained on or after-- - (i) in the case of any covered - communications equipment or service that is on - the initial list published under section 2(a), - August 14, 2018; or - (ii) in the case of any covered - communications equipment or service that is not - on the initial list published under section - 2(a), the date that is 60 days after the date - on which the Commission places such equipment - or service on the list required by such - section; or - (B) purchase, rent, lease, or otherwise obtain any - covered communications equipment or service, using - reimbursement funds or any other funds (including funds - derived from private sources). + (1) In general.--A recipient of a reimbursement under the + Program shall use reimbursement funds solely for the purposes of-- + (A) permanently removing covered communications equipment + or services purchased, rented, leased, or otherwise obtained + before-- + (i) in the case of any covered communications equipment + or services that are on the initial list published under + section 2(a), August 14, 2018; or + (ii) in the case of any covered communications + equipment or services that are not on the initial list + published under section 2(a), the date that is 60 days + after the date on which the Commission places such + equipment or services on the list required by such section; + (B) replacing the covered communications equipment or + services removed as described in subparagraph (A) with + communications equipment or services that are not covered + communications equipment or services; and + (C) disposing of the covered communications equipment or + services removed as described in subparagraph (A) in accordance + with the requirements under subsection (d)(7). + (2) Limitations.--A recipient of a reimbursement under the + Program may not-- + (A) use reimbursement funds to remove, replace, or dispose + of any covered communications equipment or service purchased, + rented, leased, or otherwise obtained on or after-- + (i) in the case of any covered communications equipment + or service that is on the initial list published under + section 2(a), August 14, 2018; or + (ii) in the case of any covered communications + equipment or service that is not on the initial list + published under section 2(a), the date that is 60 days + after the date on which the Commission places such + equipment or service on the list required by such section; + or + (B) purchase, rent, lease, or otherwise obtain any covered + communications equipment or service, using reimbursement funds + or any other funds (including funds derived from private + sources). (d) Implementation.-- - (1) Suggested replacements.-- - (A) Development of list.--The Commission shall - develop a list of suggested replacements of both - physical and virtual communications equipment, - application and management software, and services or - categories of replacements of both physical and virtual - communications equipment, application and management - software and services. - (B) Neutrality.--The list developed under - subparagraph (A) shall be technology neutral and may - not advantage the use of reimbursement funds for - capital expenditures over operational expenditures, to - the extent that the Commission determines that - communications services can serve as an adequate - substitute for the installation of communications - equipment. - (2) Application process.-- - (A) In general.--The Commission shall develop an - application process and related forms and materials for - the Program. - (B) Cost estimate.-- - (i) Initial estimate.--The Commission shall - require an applicant to provide an initial - reimbursement cost estimate at the time of - application, with supporting materials - substantiating the costs. - (ii) Updates.--During and after the - application review process, the Commission may - require an applicant to-- - (I) update the initial - reimbursement cost estimate submitted - under clause (i); and - (II) submit additional supporting - materials substantiating an updated - cost estimate submitted under subclause - (I). - (C) Mitigation of burden.--In developing the - application process under this paragraph, the - Commission shall take reasonable steps to mitigate the - administrative burdens and costs associated with the - application process, while taking into account the need - to avoid waste, fraud, and abuse in the Program. - (3) Application review process.-- - (A) Deadline.-- - (i) In general.--Except as provided in - clause (ii) and subparagraph (B), the - Commission shall approve or deny an application - for a reimbursement under the Program not later - than 90 days after the date of the submission - of the application. - (ii) Additional time needed by - commission.--If the Commission determines that, - because an excessive number of applications - have been filed at one time, the Commission - needs additional time for employees of the - Commission to process the applications, the - Commission may extend the deadline described in - clause (i) for not more than 45 days. - (B) Opportunity for applicant to cure deficiency.-- - If the Commission determines that an application is - materially deficient (including by lacking an adequate - cost estimate or adequate supporting materials), the - Commission shall provide the applicant a 15-day period - to cure the defect before denying the application. If - such period would extend beyond the deadline under - subparagraph (A) for approving or denying the - application, such deadline shall be extended through - the end of such period. - (C) Effect of denial.--Denial of an application for - a reimbursement under the Program shall not preclude - the applicant from resubmitting the application or - submitting a new application for a reimbursement under - the Program at a later date. - (4) Certifications.--An applicant for a reimbursement under - the Program shall, in the application of the applicant, certify - to the Commission that-- - (A) as of the date of the submission of the - application, the applicant-- - (i) has developed a plan for-- - (I) the permanent removal and - replacement of any covered - communications equipment or services - that are in the communications network - of the applicant as of such date; and - (II) the disposal of the equipment - or services removed as described in - subclause (I) in accordance with the - requirements under paragraph (7); and - (ii) has developed a specific timeline - (subject to paragraph (6)) for the permanent - removal, replacement, and disposal of the - covered communications equipment or services - identified under clause (i), which timeline - shall be submitted to the Commission as part of - the application; and - (B) beginning on the date of the approval of the - application, the applicant-- - (i) will not purchase, rent, lease, or - otherwise obtain covered communications - equipment or services, using reimbursement - funds or any other funds (including funds - derived from private sources); and - (ii) in developing and tailoring the risk - management practices of the applicant, will - consult and consider the standards, guidelines, - and best practices set forth in the - cybersecurity framework developed by the - National Institute of Standards and Technology. - (5) Distribution of reimbursement funds.-- - (A) In general.--The Commission shall make - reasonable efforts to ensure that reimbursement funds - are distributed equitably among all applicants for - reimbursements under the Program according to the needs - of the applicants, as identified by the applications of - the applicants. - (B) Notification.--If, at any time during the - implementation of the Program, the Commission - determines that $1,000,000,000 will not be sufficient - to fully fund all approved applications for - reimbursements under the Program, the Commission shall - immediately notify-- - (i) the Committee on Energy and Commerce - and the Committee on Appropriations of the - House of Representatives; and - (ii) the Committee on Commerce, Science, - and Transportation and the Committee on - Appropriations of the Senate. - (6) Removal, replacement, and disposal term.-- - (A) Deadline.--Except as provided in subparagraphs - (B) and (C), the permanent removal, replacement, and - disposal of any covered communications equipment or - services identified under paragraph (4)(A)(i) shall be - completed not later than 1 year after the date on which - the Commission distributes reimbursement funds to the - recipient. - (B) General extension.--The Commission may grant an - extension of the deadline described in subparagraph (A) - for 6 months to all recipients of reimbursements under - the Program if the Commission-- - (i) finds that the supply of replacement - communications equipment or services needed by - the recipients to achieve the purposes of the - Program is inadequate to meet the needs of the - recipients; and - (ii) provides notice and a detailed - justification for granting the extension to-- - (I) the Committee on Energy and - Commerce of the House of - Representatives; and - (II) the Committee on Commerce, - Science, and Transportation of the - Senate. - (C) Individual extension.-- - (i) Petition.--A recipient of a - reimbursement under the Program may petition - the Commission for an extension for such - recipient of the deadline described in - subparagraph (A) or, if the Commission has - granted an extension of such deadline under - subparagraph (B), such deadline as so extended. - (ii) Grant.--The Commission may grant a - petition filed under clause (i) by extending, - for the recipient that filed the petition, the - deadline described in subparagraph (A) or, if - the Commission has granted an extension of such - deadline under subparagraph (B), such deadline - as so extended, for a period of not more than 6 - months if the Commission finds that, due to no - fault of such recipient, such recipient is - unable to complete the permanent removal, - replacement, and disposal described in - subparagraph (A). - (7) Disposal of covered communications equipment or - services.--The Commission shall include in the regulations - promulgated under subsection (g) requirements for the disposal - by a recipient of a reimbursement under the Program of covered - communications equipment or services identified under paragraph - (4)(A)(i) and removed from the network of the recipient in - order to prevent such equipment or services from being used in - the networks of providers of advanced communications service. - (8) Status updates.-- - (A) In general.--Not less frequently than once - every 90 days beginning on the date on which the - Commission approves an application for a reimbursement - under the Program, the recipient of the reimbursement - shall submit to the Commission a status update on the - work of the recipient to permanently remove, replace, - and dispose of the covered communications equipment or - services identified under paragraph (4)(A)(i). - (B) Public posting.--Not earlier than 30 days after - the date on which the Commission receives a status - update under subparagraph (A), the Commission shall - make such status update public on the website of the - Commission. - (C) Reports to congress.--Not less frequently than - once every 180 days beginning on the date on which the - Commission first makes funds available to a recipient - of a reimbursement under the Program, the Commission - shall prepare and submit to the Committee on Energy and - Commerce of the House of Representatives and the - Committee on Commerce, Science, and Transportation of - the Senate a report on-- - (i) the implementation of the Program by - the Commission; and - (ii) the work by recipients of - reimbursements under the Program to permanently - remove, replace, and dispose of covered - communications equipment or services identified - under paragraph (4)(A)(i). - (e) Measures To Avoid Waste, Fraud, and Abuse.-- - (1) In general.--The Commission shall take all necessary - steps to avoid waste, fraud, and abuse with respect to the + (1) Suggested replacements.-- + (A) Development of list.--The Commission shall develop a + list of suggested replacements of both physical and virtual + communications equipment, application and management software, + and services or categories of replacements of both physical and + virtual communications equipment, application and management + software and services. + (B) Neutrality.--The list developed under subparagraph (A) + shall be technology neutral and may not advantage the use of + reimbursement funds for capital expenditures over operational + expenditures, to the extent that the Commission determines that + communications services can serve as an adequate substitute for + the installation of communications equipment. + (2) Application process.-- + (A) In general.--The Commission shall develop an + application process and related forms and materials for the + Program. + (B) Cost estimate.-- + (i) Initial estimate.--The Commission shall require an + applicant to provide an initial reimbursement cost estimate + at the time of application, with supporting materials + substantiating the costs. + (ii) Updates.--During and after the application review + process, the Commission may require an applicant to-- + + (I) update the initial reimbursement cost estimate + submitted under clause (i); and + (II) submit additional supporting materials + substantiating an updated cost estimate submitted under + subclause (I). + + (C) Mitigation of burden.--In developing the application + process under this paragraph, the Commission shall take + reasonable steps to mitigate the administrative burdens and + costs associated with the application process, while taking + into account the need to avoid waste, fraud, and abuse in the Program. - (2) Spending reports.--The Commission shall require - recipients of reimbursements under the Program to submit to the - Commission on a regular basis reports regarding how - reimbursement funds have been spent, including detailed - accounting of the covered communications equipment or services - permanently removed and disposed of, and the replacement - equipment or services purchased, rented, leased, or otherwise - obtained, using reimbursement funds. - (3) Audits, reviews, and field investigations.--The - Commission shall conduct-- - (A) regular audits and reviews of reimbursements - under the Program to confirm that recipients of such - reimbursements are complying with this Act; and - (B) random field investigations to ensure that - recipients of reimbursements under the Program are - performing the work such recipients are required to - perform under the commitments made in the applications - of such recipients for reimbursements under the - Program, including the permanent removal, replacement, - and disposal of the covered communications equipment or - services identified under subsection (d)(4)(A)(i). - (4) Final certification.-- - (A) In general.--The Commission shall require a - recipient of a reimbursement under the Program to - submit to the Commission, in a form and at an - appropriate time to be determined by the Commission, a - certification stating that the recipient-- - (i) has fully complied with (or is in the - process of complying with) all terms and - conditions of the Program; - (ii) has fully complied with (or is in the - process of complying with) the commitments made - in the application of the recipient for the - reimbursement; - (iii) has permanently removed from the - communications network of the recipient, - replaced, and disposed of (or is in the process - of permanently removing, replacing, and - disposing of) all covered communications - equipment or services that were in the network - of the recipient as of the date of the - submission of the application of the recipient - for the reimbursement; and - (iv) has fully complied with (or is in the - process of complying with) the timeline - submitted by the recipient under subparagraph - (A)(ii) of paragraph (4) of subsection (d) and - the other requirements of such paragraph. - (B) Updated certification.--If, at the time when a - recipient of a reimbursement under the Program submits - a certification under subparagraph (A), the recipient - has not fully complied as described in clause (i), - (ii), or (iv) of such subparagraph or has not completed - the permanent removal, replacement, and disposal - described in clause (iii) of such subparagraph, the - Commission shall require the recipient to file an - updated certification when the recipient has fully - complied as described in such clause (i), (ii), or (iv) - or completed such permanent removal, replacement, and - disposal. + (3) Application review process.-- + (A) Deadline.-- + (i) In general.--Except as provided in clause (ii) and + subparagraph (B), the Commission shall approve or deny an + application for a reimbursement under the Program not later + than 90 days after the date of the submission of the + application. + (ii) Additional time needed by commission.--If the + Commission determines that, because an excessive number of + applications have been filed at one time, the Commission + needs additional time for employees of the Commission to + process the applications, the Commission may extend the + deadline described in clause (i) for not more than 45 days. + (B) Opportunity for applicant to cure deficiency.--If the + Commission determines that an application is materially + deficient (including by lacking an adequate cost estimate or + adequate supporting materials), the Commission shall provide + the applicant a 15-day period to cure the defect before denying + the application. If such period would extend beyond the + deadline under subparagraph (A) for approving or denying the + application, such deadline shall be extended through the end of + such period. + (C) Effect of denial.--Denial of an application for a + reimbursement under the Program shall not preclude the + applicant from resubmitting the application or submitting a new + application for a reimbursement under the Program at a later + date. + (4) Certifications.--An applicant for a reimbursement under the + Program shall, in the application of the applicant, certify to the + Commission that-- + (A) as of the date of the submission of the application, + the applicant-- + (i) has developed a plan for-- + + (I) the permanent removal and replacement of any + covered communications equipment or services that are + in the communications network of the applicant as of + such date; and + (II) the disposal of the equipment or services + removed as described in subclause (I) in accordance + with the requirements under paragraph (7); and + + (ii) has developed a specific timeline (subject to + paragraph (6)) for the permanent removal, replacement, and + disposal of the covered communications equipment or + services identified under clause (i), which timeline shall + be submitted to the Commission as part of the application; + and + (B) beginning on the date of the approval of the + application, the applicant-- + (i) will not purchase, rent, lease, or otherwise obtain + covered communications equipment or services, using + reimbursement funds or any other funds (including funds + derived from private sources); and + (ii) in developing and tailoring the risk management + practices of the applicant, will consult and consider the + standards, guidelines, and best practices set forth in the + cybersecurity framework developed by the National Institute + of Standards and Technology. + (5) Distribution of reimbursement funds.-- + (A) In general.--The Commission shall make reasonable + efforts to ensure that reimbursement funds are distributed + equitably among all applicants for reimbursements under the + Program according to the needs of the applicants, as identified + by the applications of the applicants. + (B) Notification.--If, at any time during the + implementation of the Program, the Commission determines that + $1,000,000,000 will not be sufficient to fully fund all + approved applications for reimbursements under the Program, the + Commission shall immediately notify-- + (i) the Committee on Energy and Commerce and the + Committee on Appropriations of the House of + Representatives; and + (ii) the Committee on Commerce, Science, and + Transportation and the Committee on Appropriations of the + Senate. + (6) Removal, replacement, and disposal term.-- + (A) Deadline.--Except as provided in subparagraphs (B) and + (C), the permanent removal, replacement, and disposal of any + covered communications equipment or services identified under + paragraph (4)(A)(i) shall be completed not later than 1 year + after the date on which the Commission distributes + reimbursement funds to the recipient. + (B) General extension.--The Commission may grant an + extension of the deadline described in subparagraph (A) for 6 + months to all recipients of reimbursements under the Program if + the Commission-- + (i) finds that the supply of replacement communications + equipment or services needed by the recipients to achieve + the purposes of the Program is inadequate to meet the needs + of the recipients; and + (ii) provides notice and a detailed justification for + granting the extension to-- + + (I) the Committee on Energy and Commerce of the + House of Representatives; and + (II) the Committee on Commerce, Science, and + Transportation of the Senate. + + (C) Individual extension.-- + (i) Petition.--A recipient of a reimbursement under the + Program may petition the Commission for an extension for + such recipient of the deadline described in subparagraph + (A) or, if the Commission has granted an extension of such + deadline under subparagraph (B), such deadline as so + extended. + (ii) Grant.--The Commission may grant a petition filed + under clause (i) by extending, for the recipient that filed + the petition, the deadline described in subparagraph (A) + or, if the Commission has granted an extension of such + deadline under subparagraph (B), such deadline as so + extended, for a period of not more than 6 months if the + Commission finds that, due to no fault of such recipient, + such recipient is unable to complete the permanent removal, + replacement, and disposal described in subparagraph (A). + (7) Disposal of covered communications equipment or services.-- + The Commission shall include in the regulations promulgated under + subsection (g) requirements for the disposal by a recipient of a + reimbursement under the Program of covered communications equipment + or services identified under paragraph (4)(A)(i) and removed from + the network of the recipient in order to prevent such equipment or + services from being used in the networks of providers of advanced + communications service. + (8) Status updates.-- + (A) In general.--Not less frequently than once every 90 + days beginning on the date on which the Commission approves an + application for a reimbursement under the Program, the + recipient of the reimbursement shall submit to the Commission a + status update on the work of the recipient to permanently + remove, replace, and dispose of the covered communications + equipment or services identified under paragraph (4)(A)(i). + (B) Public posting.--Not earlier than 30 days after the + date on which the Commission receives a status update under + subparagraph (A), the Commission shall make such status update + public on the website of the Commission. + (C) Reports to congress.--Not less frequently than once + every 180 days beginning on the date on which the Commission + first makes funds available to a recipient of a reimbursement + under the Program, the Commission shall prepare and submit to + the Committee on Energy and Commerce of the House of + Representatives and the Committee on Commerce, Science, and + Transportation of the Senate a report on-- + (i) the implementation of the Program by the + Commission; and + (ii) the work by recipients of reimbursements under the + Program to permanently remove, replace, and dispose of + covered communications equipment or services identified + under paragraph (4)(A)(i). + (e) Measures To Avoid Waste, Fraud, and Abuse.-- + (1) In general.--The Commission shall take all necessary steps + to avoid waste, fraud, and abuse with respect to the Program. + (2) Spending reports.--The Commission shall require recipients + of reimbursements under the Program to submit to the Commission on + a regular basis reports regarding how reimbursement funds have been + spent, including detailed accounting of the covered communications + equipment or services permanently removed and disposed of, and the + replacement equipment or services purchased, rented, leased, or + otherwise obtained, using reimbursement funds. + (3) Audits, reviews, and field investigations.--The Commission + shall conduct-- + (A) regular audits and reviews of reimbursements under the + Program to confirm that recipients of such reimbursements are + complying with this Act; and + (B) random field investigations to ensure that recipients + of reimbursements under the Program are performing the work + such recipients are required to perform under the commitments + made in the applications of such recipients for reimbursements + under the Program, including the permanent removal, + replacement, and disposal of the covered communications + equipment or services identified under subsection (d)(4)(A)(i). + (4) Final certification.-- + (A) In general.--The Commission shall require a recipient + of a reimbursement under the Program to submit to the + Commission, in a form and at an appropriate time to be + determined by the Commission, a certification stating that the + recipient-- + (i) has fully complied with (or is in the process of + complying with) all terms and conditions of the Program; + (ii) has fully complied with (or is in the process of + complying with) the commitments made in the application of + the recipient for the reimbursement; + (iii) has permanently removed from the communications + network of the recipient, replaced, and disposed of (or is + in the process of permanently removing, replacing, and + disposing of) all covered communications equipment or + services that were in the network of the recipient as of + the date of the submission of the application of the + recipient for the reimbursement; and + (iv) has fully complied with (or is in the process of + complying with) the timeline submitted by the recipient + under subparagraph (A)(ii) of paragraph (4) of subsection + (d) and the other requirements of such paragraph. + (B) Updated certification.--If, at the time when a + recipient of a reimbursement under the Program submits a + certification under subparagraph (A), the recipient has not + fully complied as described in clause (i), (ii), or (iv) of + such subparagraph or has not completed the permanent removal, + replacement, and disposal described in clause (iii) of such + subparagraph, the Commission shall require the recipient to + file an updated certification when the recipient has fully + complied as described in such clause (i), (ii), or (iv) or + completed such permanent removal, replacement, and disposal. (f) Effect of Removal of Equipment or Service From List.-- - (1) In general.--If, after the date on which a recipient of - a reimbursement under the Program submits the application for - the reimbursement, any covered communications equipment or - service that is in the network of the recipient as of such date - is removed from the list published under section 2(a), the - recipient may-- - (A) return to the Commission any reimbursement - funds received for the removal, replacement, and - disposal of such equipment or service and be released - from any requirement under this section to remove, - replace, or dispose of such equipment or service; or - (B) retain any reimbursement funds received for the - removal, replacement, and disposal of such equipment or - service and remain subject to the requirements of this - section to remove, replace, and dispose of such - equipment or service as if such equipment or service - continued to be on the list published under section - 2(a). - (2) Assurances.--In the case of an assurance relating to - the removal, replacement, or disposal of any equipment or - service with respect to which the recipient returns to the - Commission reimbursement funds under paragraph (1)(A), such - assurance may be satisfied by making an assurance that such - funds have been returned. + (1) In general.--If, after the date on which a recipient of a + reimbursement under the Program submits the application for the + reimbursement, any covered communications equipment or service that + is in the network of the recipient as of such date is removed from + the list published under section 2(a), the recipient may-- + (A) return to the Commission any reimbursement funds + received for the removal, replacement, and disposal of such + equipment or service and be released from any requirement under + this section to remove, replace, or dispose of such equipment + or service; or + (B) retain any reimbursement funds received for the + removal, replacement, and disposal of such equipment or service + and remain subject to the requirements of this section to + remove, replace, and dispose of such equipment or service as if + such equipment or service continued to be on the list published + under section 2(a). + (2) Assurances.--In the case of an assurance relating to the + removal, replacement, or disposal of any equipment or service with + respect to which the recipient returns to the Commission + reimbursement funds under paragraph (1)(A), such assurance may be + satisfied by making an assurance that such funds have been + returned. (g) Rulemaking.-- - (1) Commencement.--Not later than 90 days after the date of - the enactment of this Act, the Commission shall commence a - rulemaking to implement this section. - (2) Completion.--The Commission shall complete the - rulemaking under paragraph (1) not later than 1 year after the - date of the enactment of this Act. + (1) Commencement.--Not later than 90 days after the date of the + enactment of this Act, the Commission shall commence a rulemaking + to implement this section. + (2) Completion.--The Commission shall complete the rulemaking + under paragraph (1) not later than 1 year after the date of the + enactment of this Act. (h) Rule of Construction Regarding Timing of Reimbursement.-- Nothing in this section shall be construed to prohibit the Commission from making a reimbursement under the Program to a provider of advanced @@ -515,30 +454,27 @@ communications equipment or service for which the application of the provider has been approved under this section. (i) Education Efforts.--The Commission shall engage in education efforts with providers of advanced communications service to-- - (1) encourage such providers to participate in the Program; - and - (2) assist such providers in submitting applications for - the Program. + (1) encourage such providers to participate in the Program; and + (2) assist such providers in submitting applications for the + Program. (j) Separate From Federal Universal Service Programs.--The Program shall be separate from any Federal universal service program established under section 254 of the Communications Act of 1934 (47 U.S.C. 254). - SEC. 5. REPORTS ON COVERED COMMUNICATIONS EQUIPMENT OR SERVICES. - (a) In General.--Each provider of advanced communications service shall submit an annual report to the Commission, in a form to be determined by the Commission, regarding whether such provider has purchased, rented, leased, or otherwise obtained any covered communications equipment or service on or after-- - (1) in the case of any covered communications equipment or - service that is on the initial list published under section - 2(a), August 14, 2018; or - (2) in the case of any covered communications equipment or - service that is not on the initial list published under section - 2(a), the date that is 60 days after the date on which the - Commission places such equipment or service on the list - required by such section. + (1) in the case of any covered communications equipment or + service that is on the initial list published under section 2(a), + August 14, 2018; or + (2) in the case of any covered communications equipment or + service that is not on the initial list published under section + 2(a), the date that is 60 days after the date on which the + Commission places such equipment or service on the list required by + such section. (b) Rule of Construction.--If a provider of advanced communications service certifies to the Commission that such provider does not have any covered communications equipment or service in the network of such @@ -551,19 +487,16 @@ service indicates in a report under subsection (a) that such provider has purchased, rented, leased, or otherwise obtained any covered communications equipment or service as described in such subsection, such provider shall include in such report-- - (1) a detailed justification for such action; - (2) information about whether such covered communications - equipment or service has subsequently been removed and replaced - pursuant to section 4; and - (3) information about whether such provider plans to - continue to purchase, rent, lease, or otherwise obtain, or - install or use, such covered communications equipment or - service and, if so, why. + (1) a detailed justification for such action; + (2) information about whether such covered communications + equipment or service has subsequently been removed and replaced + pursuant to section 4; and + (3) information about whether such provider plans to continue + to purchase, rent, lease, or otherwise obtain, or install or use, + such covered communications equipment or service and, if so, why. (d) Proceeding.--The Commission shall implement this section as part of the rulemaking required by section 4(g). - SEC. 6. HOLD HARMLESS. - In the case of a person who is a winner of the Connect America Fund Phase II auction, has not yet been authorized to receive Connect America Fund Phase II support, and demonstrates an inability to @@ -574,9 +507,7 @@ such person for Connect America Fund Phase II support without being found in default or subject to forfeiture. The Commission may set a deadline to make such a withdrawal that is not earlier than the date that is 60 days after the date of the enactment of this Act. - SEC. 7. ENFORCEMENT. - (a) Violations.--A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation @@ -587,185 +518,166 @@ duties as though all applicable terms and provisions of the Communications Act of 1934 were incorporated into and made a part of this Act. (b) Additional Penalties.-- - (1) In general.--Except as provided in paragraph (2), in - addition to penalties under the Communications Act of 1934, a - recipient of a reimbursement under the Program found to have - violated section 4, the regulations promulgated under such - section, or the commitments made by the recipient in the - application for the reimbursement-- - (A) shall repay to the Commission all reimbursement - funds provided to the recipient under the Program; - (B) shall be barred from further participation in - the Program; - (C) shall be referred to all appropriate law - enforcement agencies or officials for further action - under applicable criminal and civil laws; and - (D) may be barred by the Commission from - participation in other programs of the Commission, - including the Federal universal service support - programs established under section 254 of the - Communications Act of 1934 (47 U.S.C. 254). - (2) Notice and opportunity to cure.--The penalties - described in paragraph (1) shall not apply to a recipient of a - reimbursement under the Program unless-- - (A) the Commission provides the recipient with - notice of the violation; and - (B) the recipient fails to cure the violation - within 180 days after the Commission provides such - notice. + (1) In general.--Except as provided in paragraph (2), in + addition to penalties under the Communications Act of 1934, a + recipient of a reimbursement under the Program found to have + violated section 4, the regulations promulgated under such section, + or the commitments made by the recipient in the application for the + reimbursement-- + (A) shall repay to the Commission all reimbursement funds + provided to the recipient under the Program; + (B) shall be barred from further participation in the + Program; + (C) shall be referred to all appropriate law enforcement + agencies or officials for further action under applicable + criminal and civil laws; and + (D) may be barred by the Commission from participation in + other programs of the Commission, including the Federal + universal service support programs established under section + 254 of the Communications Act of 1934 (47 U.S.C. 254). + (2) Notice and opportunity to cure.--The penalties described in + paragraph (1) shall not apply to a recipient of a reimbursement + under the Program unless-- + (A) the Commission provides the recipient with notice of + the violation; and + (B) the recipient fails to cure the violation within 180 + days after the Commission provides such notice. (c) Recovery of Funds.--The Commission shall immediately take action to recover all reimbursement funds awarded to a recipient of a reimbursement under the Program in any case in which such recipient is required to repay reimbursement funds under subsection (b)(1)(A). - SEC. 8. NTIA PROGRAM FOR PREVENTING FUTURE VULNERABILITIES. - (a) Future Vulnerability Program.-- - (1) Establishment.--Not later than 120 days after the date - of the enactment of this Act, including an opportunity for - notice and comment, the Assistant Secretary, in cooperation - with the Director of National Intelligence, the Director of the - Federal Bureau of Investigation, the Secretary of Homeland - Security, and the Commission, shall establish a program to - share information regarding supply chain security risks with - trusted providers of advanced communications service and - trusted suppliers of communications equipment or services. - (2) Activities.--In carrying out the program established - under paragraph (1), the Assistant Secretary shall-- - (A) conduct regular briefings and other events to - share information with trusted providers of advanced - communications service and trusted suppliers of - communications equipment or services; - (B) engage with trusted providers of advanced - communications service and trusted suppliers of - communications equipment or services, in particular - such providers and suppliers that-- - (i) are small businesses; or - (ii) primarily serve rural areas; - (C) not later than 180 days after the date of the - enactment of this Act, submit to the Committee on - Energy and Commerce of the House of Representatives and - the Committee on Commerce, Science, and Transportation - of the Senate a plan for-- - (i) declassifying material, when feasible, - to help share information regarding supply - chain security risks with trusted providers of - advanced communications service and trusted - suppliers of communications equipment or - services; and - (ii) expediting and expanding the provision - of security clearances to facilitate - information sharing regarding supply chain - security risks with trusted providers of - advanced communications service and trusted - suppliers of communications equipment or - services; and - (D) ensure that the activities carried out through - the program are consistent with and, to the extent - practicable, integrated with, ongoing activities of the - Department of Homeland Security and the Department of - Commerce. - (3) Scope of program.--The program established under - paragraph (1) shall involve only the sharing of information - regarding supply chain security risks by the Federal Government - to trusted providers of advanced communications service and - trusted suppliers of communications equipment or services, and - not the sharing of such information by such providers and - suppliers to the Federal Government. + (1) Establishment.--Not later than 120 days after the date of + the enactment of this Act, including an opportunity for notice and + comment, the Assistant Secretary, in cooperation with the Director + of National Intelligence, the Director of the Federal Bureau of + Investigation, the Secretary of Homeland Security, and the + Commission, shall establish a program to share information + regarding supply chain security risks with trusted providers of + advanced communications service and trusted suppliers of + communications equipment or services. + (2) Activities.--In carrying out the program established under + paragraph (1), the Assistant Secretary shall-- + (A) conduct regular briefings and other events to share + information with trusted providers of advanced communications + service and trusted suppliers of communications equipment or + services; + (B) engage with trusted providers of advanced + communications service and trusted suppliers of communications + equipment or services, in particular such providers and + suppliers that-- + (i) are small businesses; or + (ii) primarily serve rural areas; + (C) not later than 180 days after the date of the enactment + of this Act, submit to the Committee on Energy and Commerce of + the House of Representatives and the Committee on Commerce, + Science, and Transportation of the Senate a plan for-- + (i) declassifying material, when feasible, to help + share information regarding supply chain security risks + with trusted providers of advanced communications service + and trusted suppliers of communications equipment or + services; and + (ii) expediting and expanding the provision of security + clearances to facilitate information sharing regarding + supply chain security risks with trusted providers of + advanced communications service and trusted suppliers of + communications equipment or services; and + (D) ensure that the activities carried out through the + program are consistent with and, to the extent practicable, + integrated with, ongoing activities of the Department of + Homeland Security and the Department of Commerce. + (3) Scope of program.--The program established under paragraph + (1) shall involve only the sharing of information regarding supply + chain security risks by the Federal Government to trusted providers + of advanced communications service and trusted suppliers of + communications equipment or services, and not the sharing of such + information by such providers and suppliers to the Federal + Government. (b) Representation on CSRIC of Interests of Public and Consumers.-- - (1) In general.--The Commission shall appoint to the - Communications Security, Reliability, and Interoperability - Council (or any successor thereof), and to each subcommittee, - workgroup, or other subdivision of the Council (or any such - successor), at least one member to represent the interests of - the public and consumers. - (2) Initial appointments.--The Commission shall make the - initial appointments required by paragraph (1) not later than - 180 days after the date of the enactment of this Act. Any - member so appointed shall be in addition to the members of the - Council, or the members of the subdivision of the Council to - which the appointment is being made, as the case may be, as of - the date of the enactment of this Act. + (1) In general.--The Commission shall appoint to the + Communications Security, Reliability, and Interoperability Council + (or any successor thereof), and to each subcommittee, workgroup, or + other subdivision of the Council (or any such successor), at least + one member to represent the interests of the public and consumers. + (2) Initial appointments.--The Commission shall make the + initial appointments required by paragraph (1) not later than 180 + days after the date of the enactment of this Act. Any member so + appointed shall be in addition to the members of the Council, or + the members of the subdivision of the Council to which the + appointment is being made, as the case may be, as of the date of + the enactment of this Act. (c) Definitions.--In this section: - (1) Assistant secretary.--The term ``Assistant Secretary'' - means the Assistant Secretary of Commerce for Communications - and Information. - (2) Foreign adversary.--The term ``foreign adversary'' - means any foreign government or foreign nongovernment person - engaged in a long-term pattern or serious instances of conduct - significantly adverse to the national security of the United - States or security and safety of United States persons. - (3) Supply chain security risk.--The term ``supply chain - security risk'' includes specific risk and vulnerability - information related to equipment and software. - (4) Trusted.--The term ``trusted'' means, with respect to a - provider of advanced communications service or a supplier of - communications equipment or service, that the Assistant - Secretary has determined that such provider or supplier is not - owned by, controlled by, or subject to the influence of a - foreign adversary. - + (1) Assistant secretary.--The term ``Assistant Secretary'' + means the Assistant Secretary of Commerce for Communications and + Information. + (2) Foreign adversary.--The term ``foreign adversary'' means + any foreign government or foreign nongovernment person engaged in a + long-term pattern or serious instances of conduct significantly + adverse to the national security of the United States or security + and safety of United States persons. + (3) Supply chain security risk.--The term ``supply chain + security risk'' includes specific risk and vulnerability + information related to equipment and software. + (4) Trusted.--The term ``trusted'' means, with respect to a + provider of advanced communications service or a supplier of + communications equipment or service, that the Assistant Secretary + has determined that such provider or supplier is not owned by, + controlled by, or subject to the influence of a foreign adversary. SEC. 9. DEFINITIONS. - In this Act: - (1) Advanced communications service.--The term ``advanced - communications service'' has the meaning given the term - ``advanced telecommunications capability'' in section 706 of - the Telecommunications Act of 1996 (47 U.S.C. 1302). - (2) Appropriate national security agency.--The term - ``appropriate national security agency'' means-- - (A) the Department of Homeland Security; - (B) the Department of Defense; - (C) the Office of the Director of National - Intelligence; - (D) the National Security Agency; and - (E) the Federal Bureau of Investigation. - (3) Commission.--The term ``Commission'' means the Federal - Communications Commission. - (4) Communications equipment or service.--The term - ``communications equipment or service'' means any equipment or - service that is essential to the provision of advanced - communications service. - (5) Covered communications equipment or service.--The term - ``covered communications equipment or service'' means any - communications equipment or service that is on the list - published by the Commission under section 2(a). - (6) Customers.--The term ``customers'' means, with respect - to a provider of advanced communications service-- - (A) the customers of such provider; and - (B) the customers of any affiliate (as defined in - section 3 of the Communications Act of 1934 (47 U.S.C. - 153)) of such provider. - (7) Executive branch interagency body.--The term - ``executive branch interagency body'' means an interagency body - established in the executive branch. - (8) Person.--The term ``person'' means an individual or - entity. - (9) Program.--The term ``Program'' means the Secure and - Trusted Communications Networks Reimbursement Program - established under section 4(a). - (10) Provider of advanced communications service.--The term - ``provider of advanced communications service'' means a person - who provides advanced communications service to United States - customers. - (11) Recipient.--The term ``recipient'' means any provider - of advanced communications service the application of which for - a reimbursement under the Program has been approved by the - Commission, regardless of whether the provider has received - reimbursement funds. - (12) Reimbursement funds.--The term ``reimbursement funds'' - means any reimbursement received under the Program. - -SEC. 10. SEVERABILITY. - + (1) Advanced communications service.--The term ``advanced + communications service'' has the meaning given the term ``advanced + telecommunications capability'' in section 706 of the + Telecommunications Act of 1996 (47 U.S.C. 1302). + (2) Appropriate national security agency.--The term + ``appropriate national security agency'' means-- + (A) the Department of Homeland Security; + (B) the Department of Defense; + (C) the Office of the Director of National Intelligence; + (D) the National Security Agency; and + (E) the Federal Bureau of Investigation. + (3) Commission.--The term ``Commission'' means the Federal + Communications Commission. + (4) Communications equipment or service.--The term + ``communications equipment or service'' means any equipment or + service that is essential to the provision of advanced + communications service. + (5) Covered communications equipment or service.--The term + ``covered communications equipment or service'' means any + communications equipment or service that is on the list published + by the Commission under section 2(a). + (6) Customers.--The term ``customers'' means, with respect to a + provider of advanced communications service-- + (A) the customers of such provider; and + (B) the customers of any affiliate (as defined in section 3 + of the Communications Act of 1934 (47 U.S.C. 153)) of such + provider. + (7) Executive branch interagency body.--The term ``executive + branch interagency body'' means an interagency body established in + the executive branch. + (8) Person.--The term ``person'' means an individual or entity. + (9) Program.--The term ``Program'' means the Secure and Trusted + Communications Networks Reimbursement Program established under + section 4(a). + (10) Provider of advanced communications service.--The term + ``provider of advanced communications service'' means a person who + provides advanced communications service to United States + customers. + (11) Recipient.--The term ``recipient'' means any provider of + advanced communications service the application of which for a + reimbursement under the Program has been approved by the + Commission, regardless of whether the provider has received + reimbursement funds. + (12) Reimbursement funds.--The term ``reimbursement funds'' + means any reimbursement received under the Program. + SEC. 10. SEVERABILITY. If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any person or circumstance, shall not be affected thereby. - -SEC. 11. DETERMINATION OF BUDGETARY EFFECTS. - + SEC. 11. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -773,10 +685,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives December 16, 2019. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From c29aa225d895a0ec3cae65bf9d18a0f2d4e37c6f Mon Sep 17 00:00:00 2001 From: "Rep. Ryan, Tim [D-OH-13]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 474/984] House-5023: Introduced to House --- bills_text/House-5023.txt | 73 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 73 insertions(+) create mode 100644 bills_text/House-5023.txt diff --git a/bills_text/House-5023.txt b/bills_text/House-5023.txt new file mode 100644 index 0000000..7c3199f --- /dev/null +++ b/bills_text/House-5023.txt @@ -0,0 +1,73 @@ +116th CONGRESS + 1st Session + H. R. 5023 + + To name the Department of Veterans Affairs community-based outpatient + clinic in Youngstown, Ohio, as the ``Carl Nunziato VA Clinic''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 8, 2019 + + Mr. Ryan (for himself, Mr. Chabot, Mr. Wenstrup, Mrs. Beatty, Mr. + Jordan, Mr. Latta, Mr. Johnson of Ohio, Mr. Gibbs, Mr. Davidson of + Ohio, Mr. Turner, Ms. Fudge, Mr. Balderson, Mr. Joyce of Ohio, Mr. +Stivers, Mr. Gonzalez of Ohio, and Ms. Kaptur) introduced the following + bill; which was referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To name the Department of Veterans Affairs community-based outpatient + clinic in Youngstown, Ohio, as the ``Carl Nunziato VA Clinic''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. FINDINGS. + + Congress makes the following findings: + (1) Carl Nunziato graduated from Youngstown State + University ROTC as the Distinguished Military Graduate in 1961 + and commissioned into the U.S. Army. + (2) While serving, Major (ret.) Nunziato was stationed in + Thailand during the Laotian Crisis. Major Nunziato later served + two voluntary tours of combat duty in Vietnam. + (3) On his second tour, then-Captain Nunziato was severely + injured, losing both legs from a mortar attack while protecting + a small Vietnamese village in Soui Da. + (4) Major Nunziato spent two years at Walter Reed Military + Hospital recovering from his wounds. He then returned home to + Northeastern Ohio where he enrolled in Case Western University + Law School earning a degree in 1971. Following retirement from + active duty, Major Nunziato continuously championed the rights + of veterans and the disabled, while establishing a + distinguished career in banking and finance. + (5) Due to Major Nunziato's tireless efforts, a Department + of Veterans Affairs outpatient clinic was established in + Youngstown. Additionally, his exhaustive work throughout + Mahoning County has brought curb cuts, wheel chair ramps and + other accessibility measures to county public buildings, + universities and courthouses, affording more independence to + local disabled population. These efforts were borne from + witnessing fellow disabled veterans denied justice and + equality, after having fought and sacrificed for those same + principles. + +SEC. 2. NAME OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY-BASED + OUTPATIENT CLINIC, YOUNGSTOWN, OHIO. + + The Department of Veterans Affairs community-based outpatient +clinic in Youngstown, Ohio, shall, after the date of the enactment of +this Act, be known and designated as the ``Carl Nunziato VA Clinic''. +Any reference to such clinic in any law, regulation, map, document, +record, or other paper of the United States shall be considered to be a +reference to the Carl Nunziato VA Clinic. + \ No newline at end of file From 3ede5d49cff4a4a90b1fe77b56f3037817996f0f Mon Sep 17 00:00:00 2001 From: "Rep. Ryan, Tim [D-OH-13]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 475/984] House-5023: Engrossed in House --- bills_text/House-5023.txt | 40 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 20 deletions(-) diff --git a/bills_text/House-5023.txt b/bills_text/House-5023.txt index 7c3199f..bf65f8e 100644 --- a/bills_text/House-5023.txt +++ b/bills_text/House-5023.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5023 - To name the Department of Veterans Affairs community-based outpatient - clinic in Youngstown, Ohio, as the ``Carl Nunziato VA Clinic''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - November 8, 2019 - - Mr. Ryan (for himself, Mr. Chabot, Mr. Wenstrup, Mrs. Beatty, Mr. - Jordan, Mr. Latta, Mr. Johnson of Ohio, Mr. Gibbs, Mr. Davidson of - Ohio, Mr. Turner, Ms. Fudge, Mr. Balderson, Mr. Joyce of Ohio, Mr. -Stivers, Mr. Gonzalez of Ohio, and Ms. Kaptur) introduced the following - bill; which was referred to the Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -70,4 +53,21 @@ this Act, be known and designated as the ``Carl Nunziato VA Clinic''. Any reference to such clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Carl Nunziato VA Clinic. - \ No newline at end of file + + Passed the House of Representatives September 23, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5023 + +_______________________________________________________________________ + + AN ACT + + To name the Department of Veterans Affairs community-based outpatient + clinic in Youngstown, Ohio, as the ``Carl Nunziato VA Clinic''. From 4dc8fcb07c115913c3aca682dea534f471fcf70f Mon Sep 17 00:00:00 2001 From: "Rep. Ryan, Tim [D-OH-13]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 476/984] House-5023: Received in Senate --- bills_text/House-5023.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-5023.txt b/bills_text/House-5023.txt index bf65f8e..62e89cd 100644 --- a/bills_text/House-5023.txt +++ b/bills_text/House-5023.txt @@ -2,6 +2,16 @@ 2d Session H. R. 5023 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + September 24, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -58,16 +68,6 @@ reference to the Carl Nunziato VA Clinic. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 5023 - -_______________________________________________________________________ - - AN ACT - - To name the Department of Veterans Affairs community-based outpatient - clinic in Youngstown, Ohio, as the ``Carl Nunziato VA Clinic''. + Clerk. From 3499bb248f6b28df51d96128c01bbbab03cfd3ba Mon Sep 17 00:00:00 2001 From: "Rep. Ryan, Tim [D-OH-13]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 477/984] House-5023: Enrolled --- bills_text/House-5023.txt | 85 +++++++++++++++++---------------------- 1 file changed, 38 insertions(+), 47 deletions(-) diff --git a/bills_text/House-5023.txt b/bills_text/House-5023.txt index 62e89cd..2b1b9c6 100644 --- a/bills_text/House-5023.txt +++ b/bills_text/House-5023.txt @@ -1,62 +1,56 @@ -116th CONGRESS - 2d Session - H. R. 5023 + H.R.5023 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - September 24, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act To name the Department of Veterans Affairs community-based outpatient - clinic in Youngstown, Ohio, as the ``Carl Nunziato VA Clinic''. + clinic in Youngstown, Ohio, as the ``Carl Nunziato VA Clinic''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. FINDINGS. - Congress makes the following findings: - (1) Carl Nunziato graduated from Youngstown State - University ROTC as the Distinguished Military Graduate in 1961 - and commissioned into the U.S. Army. - (2) While serving, Major (ret.) Nunziato was stationed in - Thailand during the Laotian Crisis. Major Nunziato later served - two voluntary tours of combat duty in Vietnam. - (3) On his second tour, then-Captain Nunziato was severely - injured, losing both legs from a mortar attack while protecting - a small Vietnamese village in Soui Da. - (4) Major Nunziato spent two years at Walter Reed Military - Hospital recovering from his wounds. He then returned home to - Northeastern Ohio where he enrolled in Case Western University - Law School earning a degree in 1971. Following retirement from - active duty, Major Nunziato continuously championed the rights - of veterans and the disabled, while establishing a - distinguished career in banking and finance. - (5) Due to Major Nunziato's tireless efforts, a Department - of Veterans Affairs outpatient clinic was established in - Youngstown. Additionally, his exhaustive work throughout - Mahoning County has brought curb cuts, wheel chair ramps and - other accessibility measures to county public buildings, - universities and courthouses, affording more independence to - local disabled population. These efforts were borne from - witnessing fellow disabled veterans denied justice and - equality, after having fought and sacrificed for those same - principles. - + (1) Carl Nunziato graduated from Youngstown State University + ROTC as the Distinguished Military Graduate in 1961 and + commissioned into the U.S. Army. + (2) While serving, Major (ret.) Nunziato was stationed in + Thailand during the Laotian Crisis. Major Nunziato later served two + voluntary tours of combat duty in Vietnam. + (3) On his second tour, then-Captain Nunziato was severely + injured, losing both legs from a mortar attack while protecting a + small Vietnamese village in Soui Da. + (4) Major Nunziato spent two years at Walter Reed Military + Hospital recovering from his wounds. He then returned home to + Northeastern Ohio where he enrolled in Case Western University Law + School earning a degree in 1971. Following retirement from active + duty, Major Nunziato continuously championed the rights of veterans + and the disabled, while establishing a distinguished career in + banking and finance. + (5) Due to Major Nunziato's tireless efforts, a Department of + Veterans Affairs outpatient clinic was established in Youngstown. + Additionally, his exhaustive work throughout Mahoning County has + brought curb cuts, wheel chair ramps and other accessibility + measures to county public buildings, universities and courthouses, + affording more independence to local disabled population. These + efforts were borne from witnessing fellow disabled veterans denied + justice and equality, after having fought and sacrificed for those + same principles. SEC. 2. NAME OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY-BASED - OUTPATIENT CLINIC, YOUNGSTOWN, OHIO. - +OUTPATIENT CLINIC, YOUNGSTOWN, OHIO. The Department of Veterans Affairs community-based outpatient clinic in Youngstown, Ohio, shall, after the date of the enactment of this Act, be known and designated as the ``Carl Nunziato VA Clinic''. @@ -64,10 +58,7 @@ Any reference to such clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Carl Nunziato VA Clinic. - Passed the House of Representatives September 23, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 59c79f9775a3196c20e6f99c7fcaf3cea81af0a1 Mon Sep 17 00:00:00 2001 From: "Rep. Murphy, Gregory [R-NC-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 478/984] House-5037: Introduced to House --- bills_text/House-5037.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-5037.txt diff --git a/bills_text/House-5037.txt b/bills_text/House-5037.txt new file mode 100644 index 0000000..36edb5d --- /dev/null +++ b/bills_text/House-5037.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + H. R. 5037 + + To designate the facility of the United States Postal Service located +at 3703 North Main Street in Farmville, North Carolina, as the ``Walter + B. Jones, Jr. Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 12, 2019 + + Mr. Murphy of North Carolina (for himself, Mr. Butterfield, Mr. + Holding, Mr. Price of North Carolina, Ms. Foxx of North Carolina, Mr. + Walker, Mr. Rouzer, Mr. Hudson, Mr. Bishop of North Carolina, Mr. +McHenry, Mr. Meadows, Ms. Adams, and Mr. Budd) introduced the following + bill; which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 3703 North Main Street in Farmville, North Carolina, as the ``Walter + B. Jones, Jr. Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. WALTER B. JONES, JR. POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 3703 North Main Street in Farmville, North Carolina, shall +be known and designated as the ``Walter B. Jones, Jr. Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Walter B. +Jones, Jr. Post Office''. + \ No newline at end of file From 9d9ce24118ffb2fb51802e0500842f8e1c7789f9 Mon Sep 17 00:00:00 2001 From: "Rep. Murphy, Gregory [R-NC-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 479/984] House-5037: Engrossed in House --- bills_text/House-5037.txt | 42 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 21 deletions(-) diff --git a/bills_text/House-5037.txt b/bills_text/House-5037.txt index 36edb5d..0faa3ec 100644 --- a/bills_text/House-5037.txt +++ b/bills_text/House-5037.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5037 - To designate the facility of the United States Postal Service located -at 3703 North Main Street in Farmville, North Carolina, as the ``Walter - B. Jones, Jr. Post Office''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 12, 2019 - - Mr. Murphy of North Carolina (for himself, Mr. Butterfield, Mr. - Holding, Mr. Price of North Carolina, Ms. Foxx of North Carolina, Mr. - Walker, Mr. Rouzer, Mr. Hudson, Mr. Bishop of North Carolina, Mr. -McHenry, Mr. Meadows, Ms. Adams, and Mr. Budd) introduced the following - bill; which was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -42,4 +24,22 @@ be known and designated as the ``Walter B. Jones, Jr. Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Walter B. Jones, Jr. Post Office''. - \ No newline at end of file + + Passed the House of Representatives February 5, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5037 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 3703 North Main Street in Farmville, North Carolina, as the ``Walter + B. Jones, Jr. Post Office''. From 58e322c0816b4e61765166a7cd9e5117819ce187 Mon Sep 17 00:00:00 2001 From: "Rep. Murphy, Gregory [R-NC-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 480/984] House-5037: Enrolled --- bills_text/House-5037.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5037.txt b/bills_text/House-5037.txt index 0faa3ec..09f5789 100644 --- a/bills_text/House-5037.txt +++ b/bills_text/House-5037.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5037 + H.R.5037 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 3703 North Main Street in Farmville, North Carolina, as the ``Walter - B. Jones, Jr. Post Office''. +To designate the facility of the United States Postal Service located at +3703 North Main Street in Farmville, North Carolina, as the ``Walter B. + Jones, Jr. Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. WALTER B. JONES, JR. POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 3703 North Main Street in Farmville, North Carolina, shall be known and designated as the ``Walter B. Jones, Jr. Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Walter B. Jones, Jr. Post Office''. - Passed the House of Representatives February 5, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5037 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 3703 North Main Street in Farmville, North Carolina, as the ``Walter - B. Jones, Jr. Post Office''. + Vice President of the United States and + President of the Senate. From 783bba6f841d337f058013f6a6315bd1b84cc397 Mon Sep 17 00:00:00 2001 From: "Rep. Demings, Val Butler [D-FL-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 481/984] House-5062: Introduced to House --- bills_text/House-5062.txt | 49 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 49 insertions(+) create mode 100644 bills_text/House-5062.txt diff --git a/bills_text/House-5062.txt b/bills_text/House-5062.txt new file mode 100644 index 0000000..bbfbc80 --- /dev/null +++ b/bills_text/House-5062.txt @@ -0,0 +1,49 @@ +116th CONGRESS + 1st Session + H. R. 5062 + + To designate the facility of the United States Postal Service located +at 9930 Conroy Windermere Road in Windermere, Florida, as the ``Officer + Robert German Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 13, 2019 + + Mrs. Demings (for herself, Mr. Gaetz, Mr. Dunn, Mr. Yoho, Mr. + Rutherford, Mr. Lawson of Florida, Mr. Waltz, Mrs. Murphy of Florida, +Mr. Posey, Mr. Soto, Mr. Webster of Florida, Mr. Bilirakis, Mr. Crist, + Ms. Castor of Florida, Mr. Spano, Mr. Buchanan, Mr. Steube, Mr. Mast, + Mr. Rooney of Florida, Mr. Hastings, Ms. Frankel, Mr. Deutch, Ms. + Wasserman Schultz, Ms. Wilson of Florida, Mr. Diaz-Balart, Ms. +Mucarsel-Powell, and Ms. Shalala) introduced the following bill; which + was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 9930 Conroy Windermere Road in Windermere, Florida, as the ``Officer + Robert German Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. OFFICER ROBERT GERMAN POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 9930 Conroy Windermere Road in Windermere, Florida, shall be +known and designated as the ``Officer Robert German Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Officer +Robert German Post Office Building''. + \ No newline at end of file From 324a2fed7a170a19ef8cde0ab8ab90b45ea931ab Mon Sep 17 00:00:00 2001 From: "Rep. Demings, Val Butler [D-FL-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 482/984] House-5062: Engrossed in House --- bills_text/House-5062.txt | 45 ++++++++++++++++++--------------------- 1 file changed, 21 insertions(+), 24 deletions(-) diff --git a/bills_text/House-5062.txt b/bills_text/House-5062.txt index bbfbc80..3ead5c7 100644 --- a/bills_text/House-5062.txt +++ b/bills_text/House-5062.txt @@ -1,31 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5062 - To designate the facility of the United States Postal Service located -at 9930 Conroy Windermere Road in Windermere, Florida, as the ``Officer - Robert German Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 13, 2019 - - Mrs. Demings (for herself, Mr. Gaetz, Mr. Dunn, Mr. Yoho, Mr. - Rutherford, Mr. Lawson of Florida, Mr. Waltz, Mrs. Murphy of Florida, -Mr. Posey, Mr. Soto, Mr. Webster of Florida, Mr. Bilirakis, Mr. Crist, - Ms. Castor of Florida, Mr. Spano, Mr. Buchanan, Mr. Steube, Mr. Mast, - Mr. Rooney of Florida, Mr. Hastings, Ms. Frankel, Mr. Deutch, Ms. - Wasserman Schultz, Ms. Wilson of Florida, Mr. Diaz-Balart, Ms. -Mucarsel-Powell, and Ms. Shalala) introduced the following bill; which - was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -46,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Officer Robert German Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5062 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 9930 Conroy Windermere Road in Windermere, Florida, as the ``Officer + Robert German Post Office Building''. From dc6172722a713a0afed219c348f43b9d34151e68 Mon Sep 17 00:00:00 2001 From: "Rep. Demings, Val Butler [D-FL-10]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 483/984] House-5062: Enrolled --- bills_text/House-5062.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5062.txt b/bills_text/House-5062.txt index 3ead5c7..512de2a 100644 --- a/bills_text/House-5062.txt +++ b/bills_text/House-5062.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5062 + H.R.5062 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 9930 Conroy Windermere Road in Windermere, Florida, as the ``Officer - Robert German Post Office Building''. +To designate the facility of the United States Postal Service located at + 9930 Conroy Windermere Road in Windermere, Florida, as the ``Officer + Robert German Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. OFFICER ROBERT GERMAN POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 9930 Conroy Windermere Road in Windermere, Florida, shall be known and designated as the ``Officer Robert German Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Officer Robert German Post Office Building''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5062 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 9930 Conroy Windermere Road in Windermere, Florida, as the ``Officer - Robert German Post Office Building''. + Vice President of the United States and + President of the Senate. From 0bde1436831f8aba147875b57943ab6025549edc Mon Sep 17 00:00:00 2001 From: "Rep. Bustos, Cheri [D-IL-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 484/984] House-5123: Introduced to House --- bills_text/House-5123.txt | 48 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 bills_text/House-5123.txt diff --git a/bills_text/House-5123.txt b/bills_text/House-5123.txt new file mode 100644 index 0000000..f401dc0 --- /dev/null +++ b/bills_text/House-5123.txt @@ -0,0 +1,48 @@ +116th CONGRESS + 1st Session + H. R. 5123 + + To designate the facility of the United States Postal Service located +at 476 East Main Street in Galesburg, Illinois, as the ``Senior Airman + Daniel Miller Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 15, 2019 + + Mrs. Bustos (for herself, Mr. Rush, Mr. Lipinski, Mr. Casten of +Illinois, Mr. Danny K. Davis of Illinois, Mr. Bost, Ms. Underwood, Mr. + Krishnamoorthi, Mr. Quigley, Mr. LaHood, Mr. Foster, Mr. Rodney Davis + of Illinois, Mr. Schneider, Mr. Kinzinger, Mr. Shimkus, Mr. Garcia of + Illinois, Ms. Kelly of Illinois, and Ms. Schakowsky) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 476 East Main Street in Galesburg, Illinois, as the ``Senior Airman + Daniel Miller Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SENIOR AIRMAN DANIEL MILLER POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 476 East Main Street in Galesburg, Illinois, shall be known +and designated as the ``Senior Airman Daniel Miller Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Senior +Airman Daniel Miller Post Office Building''. + \ No newline at end of file From 0164f4c5bc5f21e8b3af6488f84fe6569c8519c0 Mon Sep 17 00:00:00 2001 From: "Rep. Bustos, Cheri [D-IL-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 485/984] House-5123: Engrossed in House --- bills_text/House-5123.txt | 44 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 23 deletions(-) diff --git a/bills_text/House-5123.txt b/bills_text/House-5123.txt index f401dc0..4001d8e 100644 --- a/bills_text/House-5123.txt +++ b/bills_text/House-5123.txt @@ -1,30 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5123 - To designate the facility of the United States Postal Service located -at 476 East Main Street in Galesburg, Illinois, as the ``Senior Airman - Daniel Miller Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 15, 2019 - - Mrs. Bustos (for herself, Mr. Rush, Mr. Lipinski, Mr. Casten of -Illinois, Mr. Danny K. Davis of Illinois, Mr. Bost, Ms. Underwood, Mr. - Krishnamoorthi, Mr. Quigley, Mr. LaHood, Mr. Foster, Mr. Rodney Davis - of Illinois, Mr. Schneider, Mr. Kinzinger, Mr. Shimkus, Mr. Garcia of - Illinois, Ms. Kelly of Illinois, and Ms. Schakowsky) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -45,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Senior Airman Daniel Miller Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5123 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 476 East Main Street in Galesburg, Illinois, as the ``Senior Airman + Daniel Miller Post Office Building''. From 140cf2f7dac05b1fc364864d15162b050e4dcebe Mon Sep 17 00:00:00 2001 From: "Rep. Bustos, Cheri [D-IL-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 486/984] House-5123: Enrolled --- bills_text/House-5123.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5123.txt b/bills_text/House-5123.txt index 4001d8e..1b0203a 100644 --- a/bills_text/House-5123.txt +++ b/bills_text/House-5123.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5123 + H.R.5123 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 476 East Main Street in Galesburg, Illinois, as the ``Senior Airman - Daniel Miller Post Office Building''. +To designate the facility of the United States Postal Service located at + 476 East Main Street in Galesburg, Illinois, as the ``Senior Airman + Daniel Miller Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SENIOR AIRMAN DANIEL MILLER POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 476 East Main Street in Galesburg, Illinois, shall be known and designated as the ``Senior Airman Daniel Miller Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Senior Airman Daniel Miller Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5123 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 476 East Main Street in Galesburg, Illinois, as the ``Senior Airman - Daniel Miller Post Office Building''. + Vice President of the United States and + President of the Senate. From 0578e567a9b9d5ed5039f7a2ea2af15992d04fbd Mon Sep 17 00:00:00 2001 From: "Rep. Graves, Garret [R-LA-6]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 487/984] House-5126: Introduced to House --- bills_text/House-5126.txt | 133 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 133 insertions(+) create mode 100644 bills_text/House-5126.txt diff --git a/bills_text/House-5126.txt b/bills_text/House-5126.txt new file mode 100644 index 0000000..1ead974 --- /dev/null +++ b/bills_text/House-5126.txt @@ -0,0 +1,133 @@ +116th CONGRESS + 1st Session + H. R. 5126 + + To require individuals fishing for Gulf reef fish to use certain + descending devices, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 15, 2019 + + Mr. Graves of Louisiana (for himself, Mr. Huffman, and Mr. Palazzo) + introduced the following bill; which was referred to the Committee on + Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To require individuals fishing for Gulf reef fish to use certain + descending devices, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Direct Enhancement of Snapper +Conservation and the Economy through Novel Devices Act of 2019'' or the +``DESCEND Act of 2019''. + +SEC. 2. REQUIRED USE OF DESCENDING DEVICES. + + (a) Required Gear in the Gulf Reef Fish Fishery.--Title III of the +Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. +1851 et seq.) is amended by adding at the end the following: + +``SEC. 321. REQUIRED POSSESSION OF DESCENDING DEVICES. + + ``(a) Require Gear in the Gulf Reef Fish Fishery.--It shall be +unlawful for a person on board a commercial or recreational vessel to +fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone +without possessing on board the vessel a venting tool or a descending +device that is rigged and ready for use while fishing is occurring. + ``(b) Savings Clause.--No provision of this section shall be +interpreted to affect any program or activity carried out by the Gulf +Coast Ecosystem Restoration Council established by the Resources and +Ecosystems Sustainability, Tourist Opportunities, and Revived Economies +of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note), or any +project contained in an approved Restoration Plan developed by any +Natural Resources Damage Assessment Trustee Implementation Group to +reduce post-release mortality from barotrauma in Gulf of Mexico Reef +Fish Recreational Fisheries. + ``(c) Definitions.--In this section: + ``(1) Descending device.--The term `descending device' + means an instrument that-- + ``(A) will release fish at a depth sufficient for + the fish to be able to recover from the effects of + barotrauma; + ``(B) is a weighted hook, lip clamp, or box that + will hold the fish while it is lowered to depth, or + another device determined to be appropriate by the + Secretary; and + ``(C) is capable of-- + ``(i) releasing the fish automatically; + ``(ii) releasing the fish by actions of the + operator of the device; or + ``(iii) allowing the fish to escape on its + own. + ``(2) Venting tool.--The term `venting tool' has the + meaning given to it by the Gulf of Mexico Fishery Management + Council. + ``(3) Gulf reef fish.--The term `Gulf reef fish' means any + fish chosen by the Gulf of Mexico Fishery Management Council + that is in the reef Fishery Management Plan for the purposes of + this Act.''; + (b) Civil Penalties.--Section 308(a) of the Magnuson-Stevens +Fishery Conservation and Management Act (16 U.S.C. 1858(a)) is amended +by inserting ``or section 321'' after ``section 307''. + (c) Effective Date.--The amendments made by this Act shall take +effect 1 year after the date of enactment of this Act. + (d) Sunset.--Five years after the date of enactment of this Act, +the Magnuson-Stevens Fishery Conservation and Management Act is +amended-- + (1) in section 308(a), by striking ``or section 321''; and + (2) by striking title 321. + +SEC. 3. IMPROVING DISCARD MORTALITY DATA. + + (a) Agreement.--Within 60 days of the date of enactment of this +Act, the Secretary shall enter into an agreement with the National +Academy of Sciences to conduct a study and produce a report on discard +mortality in the Gulf of Mexico reef fish fisheries. Such study shall +include-- + (1) assessment of gaps and biases in reporting of discards + and associated discard mortality; + (2) assessment of uncertainty and likely impacts of such + uncertainty in discard mortality; + (3) assessment of the effectiveness and usage rates of + barotrauma-reducing devices; + (4) recommendations for future research priorities; and + (5) recommendations for standardized reporting and + quantification of discards for fisheries under the Gulf of + Mexico Reef Fish Fishery Management Plan. + (b) Deadline.--The National Academy of Sciences shall complete the +study described in subsection (a) and transmit the final report to the +Secretary within 2 years of the date of enactment of this Act. The +Secretary shall, within 3 months of receiving such study and report, +submit such study and report in (a) to the Committee on Commerce, +Science, and Transportation of the Senate and the Committee on Natural +Resources of the House of Representatives. + (c) Plan.--Within 1 year of receiving the study and report in +described in subsection (a), the Gulf of Mexico Fishery Management +Council and the Secretary shall-- + (1) develop guidance for minimum standards for quantifying + and reporting discards and associated mortality in the Gulf of + Mexico Reef Fish Fishery Management Plan; and + (2) develop a plan to assess and monitor the effectiveness + and usage of barotrauma-reducing devices and the impact on + discard mortality rates in Gulf of Mexico reef fish fisheries. + (d) Follow-Up Report.--Within 3 years of developing minimum +standards and developing the assessment and monitoring plan in +subsection (c), the Secretary shall provide a detailed report on +implementation to the Committee on Commerce, Science, and +Transportation of the Senate and the Committee on Natural Resources of +the House of Representatives. + \ No newline at end of file From 37c5cd537fb04448bc2a6455f70fd670ce44172e Mon Sep 17 00:00:00 2001 From: "Rep. Graves, Garret [R-LA-6]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 488/984] House-5126: Engrossed in House --- bills_text/House-5126.txt | 165 +++++++++++++++++++++++++------------- 1 file changed, 109 insertions(+), 56 deletions(-) diff --git a/bills_text/House-5126.txt b/bills_text/House-5126.txt index 1ead974..3b0b3a9 100644 --- a/bills_text/House-5126.txt +++ b/bills_text/House-5126.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5126 - To require individuals fishing for Gulf reef fish to use certain - descending devices, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 15, 2019 - - Mr. Graves of Louisiana (for himself, Mr. Huffman, and Mr. Palazzo) - introduced the following bill; which was referred to the Committee on - Natural Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -32,10 +17,24 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Enhancement of Snapper -Conservation and the Economy through Novel Devices Act of 2019'' or the -``DESCEND Act of 2019''. +Conservation and the Economy through Novel Devices Act of 2020'' or the +``DESCEND Act of 2020''. + +SEC. 2. SENSE OF CONGRESS. -SEC. 2. REQUIRED USE OF DESCENDING DEVICES. + It is the sense of Congress that commercial and recreational +fishermen (which, for the purpose of this Act shall include charter +fishing) for Gulf reef fish are expected to use a venting tool or a +descending device required for possession under section 3 when +releasing fish that are exhibiting signs of barotrauma. The Secretary +of Commerce (referred to in this Act as the ``Secretary''), in +coordination with the Gulf of Mexico Fishery Management Council, should +develop and disseminate to fishermen education and outreach materials +related to proper use of venting tools and descending devices, and +strongly encourage their use by commercial and recreational fishermen +when releasing fish that are exhibiting signs of barotrauma. + +SEC. 3. REQUIRED POSSESSION OF DESCENDING DEVICES. (a) Required Gear in the Gulf Reef Fish Fishery.--Title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. @@ -79,25 +78,51 @@ Fish Recreational Fisheries. ``(3) Gulf reef fish.--The term `Gulf reef fish' means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of - this Act.''; + this Act.''. (b) Civil Penalties.--Section 308(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(a)) is amended by inserting ``or section 321'' after ``section 307''. (c) Effective Date.--The amendments made by this Act shall take -effect 1 year after the date of enactment of this Act. - (d) Sunset.--Five years after the date of enactment of this Act, -the Magnuson-Stevens Fishery Conservation and Management Act is -amended-- - (1) in section 308(a), by striking ``or section 321''; and - (2) by striking title 321. - -SEC. 3. IMPROVING DISCARD MORTALITY DATA. - - (a) Agreement.--Within 60 days of the date of enactment of this -Act, the Secretary shall enter into an agreement with the National -Academy of Sciences to conduct a study and produce a report on discard -mortality in the Gulf of Mexico reef fish fisheries. Such study shall -include-- +effect 1 year after the date of the enactment of this Act. + (d) Conforming Amendment.--Title III of the table of contents of +the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. +1851 et seq.) is amended by striking the item relating to section 305 +and all that follows through the end of the items relating to such +title and inserting the following: + +``Sec. 305. Other requirements and authority. +``Sec. 306. State jurisdiction. +``Sec. 307. Prohibited acts. +``Sec. 308. Civil penalties and permit sanctions. +``Sec. 309. Criminal offenses. +``Sec. 310. Civil forfeitures. +``Sec. 311. Enforcement. +``Sec. 312. Transition to sustainable fisheries. +``Sec. 313. North Pacific fisheries conservation. +``Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program. +``Sec. 315. Regional Coastal Disaster Assistance, Transition, and + Recovery Program. +``Sec. 316. Bycatch Reduction Engineering Program. +``Sec. 317. Shark Feeding. +``Sec. 318. Cooperative Research and Management Program. +``Sec. 319. Herring Study. +``Sec. 320. Restoration Study. +``Sec. 321. Required possession of descending devices.''. + (e) Sunset.--Five years after the date of the enactment of this +Act, the Magnuson-Stevens Fishery Conservation and Management Act (16 +U.S.C. 1851 et seq.) is amended-- + (1) in the table of contents, by striking the item relating + to section 321; + (2) in section 308(a), by striking ``or section 321''; and + (3) by striking section 321. + +SEC. 4. IMPROVING DISCARD MORTALITY DATA. + + (a) Agreement.--Not later than 60 days after the date of the +enactment of this Act, the Secretary shall enter into an agreement with +the National Academy of Sciences to conduct a study and produce a +report on discard mortality in the Gulf of Mexico reef fish fisheries. +The study shall include-- (1) assessment of gaps and biases in reporting of discards and associated discard mortality; (2) assessment of uncertainty and likely impacts of such @@ -106,28 +131,56 @@ include-- barotrauma-reducing devices; (4) recommendations for future research priorities; and (5) recommendations for standardized reporting and - quantification of discards for fisheries under the Gulf of - Mexico Reef Fish Fishery Management Plan. - (b) Deadline.--The National Academy of Sciences shall complete the -study described in subsection (a) and transmit the final report to the -Secretary within 2 years of the date of enactment of this Act. The -Secretary shall, within 3 months of receiving such study and report, -submit such study and report in (a) to the Committee on Commerce, -Science, and Transportation of the Senate and the Committee on Natural -Resources of the House of Representatives. - (c) Plan.--Within 1 year of receiving the study and report in -described in subsection (a), the Gulf of Mexico Fishery Management -Council and the Secretary shall-- - (1) develop guidance for minimum standards for quantifying - and reporting discards and associated mortality in the Gulf of + quantification of discards in the same metric as landings for + fisheries under the Gulf of Mexico Reef Fish Fishery Management + Plan. + (b) Deadlines.--Not later than 2 years after the date of the +enactment of this Act, the National Academy of Sciences shall complete +the study required under subsection (a) and transmit the final report +to the Secretary. Not later than 3 months after receiving the study and +report in accordance with this subsection, the Secretary shall submit +the study and report to the Committee on Commerce, Science, and +Transportation of the Senate and the Committee on Natural Resources of +the House of Representatives. + (c) Plan.--Not later than 1 year after the Secretary receives the +study and report required under subsection (a), Secretary and the Gulf +of Mexico Fishery Management Council shall develop-- + (1) guidance for minimum standards for quantifying and + reporting discards and associated mortality in the Gulf of Mexico Reef Fish Fishery Management Plan; and - (2) develop a plan to assess and monitor the effectiveness - and usage of barotrauma-reducing devices and the impact on - discard mortality rates in Gulf of Mexico reef fish fisheries. - (d) Follow-Up Report.--Within 3 years of developing minimum -standards and developing the assessment and monitoring plan in -subsection (c), the Secretary shall provide a detailed report on + (2) a plan to assess and monitor the effectiveness and + usage of barotrauma-reducing devices and the impact on discard + mortality rates in Gulf of Mexico reef fish fisheries. + (d) Follow-Up Report.--Not later than 3 years after developing +minimum standards and developing the assessment and monitoring plan +under subsection (c), the Secretary shall provide a detailed report on implementation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. - \ No newline at end of file + +SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives October 1, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5126 + +_______________________________________________________________________ + + AN ACT + + To require individuals fishing for Gulf reef fish to use certain + descending devices, and for other purposes. From 8df4df8f4692671dcd0bd7ff6836cef5c3f397da Mon Sep 17 00:00:00 2001 From: "Rep. Graves, Garret [R-LA-6]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 489/984] House-5126: Enrolled --- bills_text/House-5126.txt | 140 ++++++++++++++++---------------------- 1 file changed, 60 insertions(+), 80 deletions(-) diff --git a/bills_text/House-5126.txt b/bills_text/House-5126.txt index 3b0b3a9..ba9c133 100644 --- a/bills_text/House-5126.txt +++ b/bills_text/House-5126.txt @@ -1,27 +1,32 @@ -116th CONGRESS - 2d Session - H. R. 5126 + H.R.5126 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To require individuals fishing for Gulf reef fish to use certain - descending devices, and for other purposes. + To require individuals fishing for Gulf reef fish to use certain + descending devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Direct Enhancement of Snapper Conservation and the Economy through Novel Devices Act of 2020'' or the ``DESCEND Act of 2020''. - SEC. 2. SENSE OF CONGRESS. - It is the sense of Congress that commercial and recreational fishermen (which, for the purpose of this Act shall include charter fishing) for Gulf reef fish are expected to use a venting tool or a @@ -33,15 +38,11 @@ develop and disseminate to fishermen education and outreach materials related to proper use of venting tools and descending devices, and strongly encourage their use by commercial and recreational fishermen when releasing fish that are exhibiting signs of barotrauma. - SEC. 3. REQUIRED POSSESSION OF DESCENDING DEVICES. - (a) Required Gear in the Gulf Reef Fish Fishery.--Title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended by adding at the end the following: - -``SEC. 321. REQUIRED POSSESSION OF DESCENDING DEVICES. - + ``SEC. 321. REQUIRED POSSESSION OF DESCENDING DEVICES. ``(a) Require Gear in the Gulf Reef Fish Fishery.--It shall be unlawful for a person on board a commercial or recreational vessel to fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone @@ -57,28 +58,23 @@ Natural Resources Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico Reef Fish Recreational Fisheries. ``(c) Definitions.--In this section: - ``(1) Descending device.--The term `descending device' - means an instrument that-- - ``(A) will release fish at a depth sufficient for - the fish to be able to recover from the effects of - barotrauma; - ``(B) is a weighted hook, lip clamp, or box that - will hold the fish while it is lowered to depth, or - another device determined to be appropriate by the - Secretary; and - ``(C) is capable of-- - ``(i) releasing the fish automatically; - ``(ii) releasing the fish by actions of the - operator of the device; or - ``(iii) allowing the fish to escape on its - own. - ``(2) Venting tool.--The term `venting tool' has the - meaning given to it by the Gulf of Mexico Fishery Management - Council. - ``(3) Gulf reef fish.--The term `Gulf reef fish' means any - fish chosen by the Gulf of Mexico Fishery Management Council - that is in the reef Fishery Management Plan for the purposes of - this Act.''. + ``(1) Descending device.--The term `descending device' means an + instrument that-- + ``(A) will release fish at a depth sufficient for the fish + to be able to recover from the effects of barotrauma; + ``(B) is a weighted hook, lip clamp, or box that will hold + the fish while it is lowered to depth, or another device + determined to be appropriate by the Secretary; and + ``(C) is capable of-- + ``(i) releasing the fish automatically; + ``(ii) releasing the fish by actions of the operator of + the device; or + ``(iii) allowing the fish to escape on its own. + ``(2) Venting tool.--The term `venting tool' has the meaning + given to it by the Gulf of Mexico Fishery Management Council. + ``(3) Gulf reef fish.--The term `Gulf reef fish' means any fish + chosen by the Gulf of Mexico Fishery Management Council that is in + the reef Fishery Management Plan for the purposes of this Act.''. (b) Civil Penalties.--Section 308(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(a)) is amended by inserting ``or section 321'' after ``section 307''. @@ -101,39 +97,38 @@ title and inserting the following: ``Sec. 313. North Pacific fisheries conservation. ``Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program. ``Sec. 315. Regional Coastal Disaster Assistance, Transition, and - Recovery Program. + Recovery Program. ``Sec. 316. Bycatch Reduction Engineering Program. ``Sec. 317. Shark Feeding. ``Sec. 318. Cooperative Research and Management Program. ``Sec. 319. Herring Study. ``Sec. 320. Restoration Study. ``Sec. 321. Required possession of descending devices.''. + (e) Sunset.--Five years after the date of the enactment of this Act, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended-- - (1) in the table of contents, by striking the item relating - to section 321; - (2) in section 308(a), by striking ``or section 321''; and - (3) by striking section 321. - + (1) in the table of contents, by striking the item relating to + section 321; + (2) in section 308(a), by striking ``or section 321''; and + (3) by striking section 321. SEC. 4. IMPROVING DISCARD MORTALITY DATA. - (a) Agreement.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences to conduct a study and produce a report on discard mortality in the Gulf of Mexico reef fish fisheries. The study shall include-- - (1) assessment of gaps and biases in reporting of discards - and associated discard mortality; - (2) assessment of uncertainty and likely impacts of such - uncertainty in discard mortality; - (3) assessment of the effectiveness and usage rates of - barotrauma-reducing devices; - (4) recommendations for future research priorities; and - (5) recommendations for standardized reporting and - quantification of discards in the same metric as landings for - fisheries under the Gulf of Mexico Reef Fish Fishery Management - Plan. + (1) assessment of gaps and biases in reporting of discards and + associated discard mortality; + (2) assessment of uncertainty and likely impacts of such + uncertainty in discard mortality; + (3) assessment of the effectiveness and usage rates of + barotrauma-reducing devices; + (4) recommendations for future research priorities; and + (5) recommendations for standardized reporting and + quantification of discards in the same metric as landings for + fisheries under the Gulf of Mexico Reef Fish Fishery Management + Plan. (b) Deadlines.--Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall complete the study required under subsection (a) and transmit the final report @@ -145,21 +140,19 @@ the House of Representatives. (c) Plan.--Not later than 1 year after the Secretary receives the study and report required under subsection (a), Secretary and the Gulf of Mexico Fishery Management Council shall develop-- - (1) guidance for minimum standards for quantifying and - reporting discards and associated mortality in the Gulf of - Mexico Reef Fish Fishery Management Plan; and - (2) a plan to assess and monitor the effectiveness and - usage of barotrauma-reducing devices and the impact on discard - mortality rates in Gulf of Mexico reef fish fisheries. + (1) guidance for minimum standards for quantifying and + reporting discards and associated mortality in the Gulf of Mexico + Reef Fish Fishery Management Plan; and + (2) a plan to assess and monitor the effectiveness and usage of + barotrauma-reducing devices and the impact on discard mortality + rates in Gulf of Mexico reef fish fisheries. (d) Follow-Up Report.--Not later than 3 years after developing minimum standards and developing the assessment and monitoring plan under subsection (c), the Secretary shall provide a detailed report on implementation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. - SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -167,20 +160,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives October 1, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5126 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To require individuals fishing for Gulf reef fish to use certain - descending devices, and for other purposes. + Vice President of the United States and + President of the Senate. From 82ffd6490ab3347ee91d941fe00853f5de4183f6 Mon Sep 17 00:00:00 2001 From: "Rep. Tlaib, Rashida [D-MI-13]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 490/984] House-5214: Introduced to House --- bills_text/House-5214.txt | 199 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 199 insertions(+) create mode 100644 bills_text/House-5214.txt diff --git a/bills_text/House-5214.txt b/bills_text/House-5214.txt new file mode 100644 index 0000000..fab4af3 --- /dev/null +++ b/bills_text/House-5214.txt @@ -0,0 +1,199 @@ +116th CONGRESS + 1st Session + H. R. 5214 + + To amend title 5, United States Code, to prevent fraud by + representative payees. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 21, 2019 + +Ms. Tlaib (for herself and Mr. Meadows) introduced the following bill; + which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To amend title 5, United States Code, to prevent fraud by + representative payees. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Representative Payee Fraud +Prevention Act of 2019''. + +SEC. 2. REPRESENTATIVE PAYEE FRAUD. + + (a) Definitions.-- + (1) CSRS.--Section 8331 of title 5, United States Code, is + amended-- + (A) in paragraph (31), by striking ``and'' at the + end; + (B) in paragraph (32), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(33) `representative payee' means a person (including an + organization) designated under section 8345(e)(1) to receive + payments on behalf of a minor or an individual mentally + incompetent or under other legal disability.''. + (2) FERS.--Section 8401 of title 5, United States Code, is + amended-- + (A) in paragraph (37), by striking ``and'' at the + end; + (B) in paragraph (38), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(39) `representative payee' means a person (including an + organization) designated under section 8466(c)(1) to receive + payments on behalf of a minor or an individual mentally + incompetent or under other legal disability.''. + (b) Embezzlement or Conversion.-- + (1) CSRS.--Subchapter III of chapter 83 of title 5, United + States Code, is amended by inserting after section 8345 the + following: +``Sec. 8345a. Embezzlement or conversion of payments + ``(a) Embezzling and Conversion Generally.-- + ``(1) In general.--It shall be unlawful for a + representative payee to embezzle or in any manner convert all + or any part of the amounts received from payments received as a + representative payee to a use other than for the use and + benefit of the minor or individual on whose behalf such + payments were received. + ``(2) Revocation.--If the Office determines that a + representative payee has embezzled or converted payments as + described in paragraph (1), the Office shall promptly-- + ``(A) revoke the certification for payment of + benefits to the representative payee; and + ``(B) certify payment-- + ``(i) to another representative payee; or + ``(ii) if the interest of the individual + under this title would be served thereby, to + the individual. + ``(b) Penalty.--Any person who violates subsection (a)(1) shall be +fined under title 18, imprisoned for not more than 5 years, or both.''. + (2) FERS.--Subchapter VI of chapter 84 of title 5, United + States Code, is amended by inserting after section 8466 the + following: +``Sec. 8466a. Embezzlement or conversion of payments + ``(a) Embezzling and Conversion Generally.-- + ``(1) In general.--It shall be unlawful for a + representative payee to embezzle or in any manner convert all + or any part of the amounts received from payments received as a + representative payee to a use other than for the use and + benefit of the minor or individual on whose behalf such + payments were received. + ``(2) Revocation.--If the Office determines that a + representative payee has embezzled or converted payments as + described in paragraph (1), the Office shall promptly-- + ``(A) revoke the certification for payment of + benefits to the representative payee; and + ``(B) certify payment-- + ``(i) to another representative payee; or + ``(ii) if the interest of the individual + under this title would be served thereby, to + the individual. + ``(b) Penalty.--Any person who violates subsection (a)(1) shall be +fined under title 18, imprisoned for not more than 5 years, or both.''. + (3) Technical and conforming amendments.-- + (A) The table of sections for chapter 83 of title + 5, United States Code, is amended by inserting after + the item relating to section 8345 the following: + +``8345a. Embezzlement or conversion of payments.''. + (B) The table of sections for chapter 84 of title + 5, United States Code, is amended by inserting after + the item relating to section 8466 the following: + +``8466a. Embezzlement or conversion of payments.''. + (c) Deferral of Payment Pending Appointment of Representative +Payee.-- + (1) CSRS.--Section 8345(e) of title 5, United States Code, + is amended-- + (A) by inserting ``(1)'' after ``(e)''; + (B) in the first sentence, by inserting + ``(including an organization)'' after ``person''; + (C) in the second sentence-- + (i) by inserting ``(including an + organization)'' after ``any person''; and + (ii) by inserting ``and may appropriately + receive such payments on behalf of the + claimant'' after ``claimant'' the second place + it appears; and + (D) by adding at the end the following: + ``(2) If the Office determines that direct payment of a benefit to +an individual mentally incompetent or under other legal disability +would cause substantial harm to the individual, the Office may defer or +suspend direct payment of the benefit until such time as the +appointment of a representative payee is made. The Office shall resume +payment as soon as practicable, including all amounts due.''. + (2) FERS.--Section 8466(c) of title 5, United States Code, + is amended-- + (A) by inserting ``(1)'' after ``(c)''; + (B) in the first sentence, by inserting + ``(including an organization)'' after ``person''; + (C) in the second sentence-- + (i) by inserting ``(including an + organization)'' after ``any person''; and + (ii) by inserting ``and may appropriately + receive such payments on behalf of the + claimant'' after ``claimant'' the second place + it appears; and + (D) by adding at the end the following: + ``(2) If the Office determines that direct payment of a benefit to +an individual mentally incompetent or under other legal disability +would cause substantial harm to the individual, the Office may defer or +suspend direct payment of the benefit until such time as the +appointment of a representative payee is made. The Office shall resume +payment as soon as practicable, including all amounts due.''. + (d) Limitations on Appointments of Representative Payees.-- + (1) CSRS.--Section 8345 of title 5, United States Code, is + amended by inserting after subsection (e) the following: + ``(f) The Office may not authorize a person to receive payments on +behalf of a minor or individual of legal disability under subsection +(e) if that person has been convicted of a violation of-- + ``(1) section 8345a or 8466a; + ``(2) section 208 or 1632 of the Social Security Act (42 + U.S.C. 408, 1383a); or + ``(3) section 6101 of title 38.''. + (2) FERS.--Section 8466 of title 5, United States Code, is + amended by adding at the end the following: + ``(d) The Office may not authorize a person to receive payments on +behalf of a minor or individual of legal disability under subsection +(c) if that person has been convicted of a violation of-- + ``(1) section 8345a or 8466a; + ``(2) section 208 or 1632 of the Social Security Act (42 + U.S.C. 408, 1383a); or + ``(3) section 6101 of title 38.''. + +SEC. 3. IMPLEMENTATION. + + (a) Authorization of Payments.--Section 8348(a)(1)(B) of title 5, +United States Code, is amended by inserting ``in administering fraud +prevention under sections 8345, 8345a, 8466, and 8466a of this title,'' +after ``8465(b) of this title,''. + (b) Regulations.--Not later than 1 year after the date of enactment +of this Act, the Office of Personnel Management-- + (1) shall promulgate regulations to carry out the + amendments made by section 2; and + (2) may promulgate additional regulations relating to the + administration of the representative payee program. + +SEC. 4. EFFECTIVE DATE. + + The amendments made by section 2-- + (1) shall take effect on the date of the enactment of this + Act; and + (2) apply on and after the effective date of the + regulations promulgated under section 3(b)(1). + \ No newline at end of file From 67c6bc75819035fd137cc3fff65e31046a36af63 Mon Sep 17 00:00:00 2001 From: "Rep. Tlaib, Rashida [D-MI-13]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 491/984] House-5214: Engrossed in House --- bills_text/House-5214.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-5214.txt b/bills_text/House-5214.txt index fab4af3..9ecee3c 100644 --- a/bills_text/House-5214.txt +++ b/bills_text/House-5214.txt @@ -1,24 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5214 - To amend title 5, United States Code, to prevent fraud by - representative payees. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - November 21, 2019 - -Ms. Tlaib (for herself and Mr. Meadows) introduced the following bill; - which was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -196,4 +182,21 @@ SEC. 4. EFFECTIVE DATE. Act; and (2) apply on and after the effective date of the regulations promulgated under section 3(b)(1). - \ No newline at end of file + + Passed the House of Representatives February 5, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5214 + +_______________________________________________________________________ + + AN ACT + + To amend title 5, United States Code, to prevent fraud by + representative payees. From 9e069cb3f0c0b9bd02557d0ccccdfbe954bfe2a5 Mon Sep 17 00:00:00 2001 From: "Rep. Tlaib, Rashida [D-MI-13]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 492/984] House-5214: Received in Senate --- bills_text/House-5214.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-5214.txt b/bills_text/House-5214.txt index 9ecee3c..7959105 100644 --- a/bills_text/House-5214.txt +++ b/bills_text/House-5214.txt @@ -2,6 +2,16 @@ 2d Session H. R. 5214 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 10, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -187,16 +197,6 @@ SEC. 4. EFFECTIVE DATE. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 5214 - -_______________________________________________________________________ - - AN ACT - - To amend title 5, United States Code, to prevent fraud by - representative payees. + Clerk. From 062a1bef6cadde832d28852ae93aab032d73bad2 Mon Sep 17 00:00:00 2001 From: "Rep. Tlaib, Rashida [D-MI-13]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 493/984] House-5214: Enrolled --- bills_text/House-5214.txt | 258 ++++++++++++++++++-------------------- 1 file changed, 120 insertions(+), 138 deletions(-) diff --git a/bills_text/House-5214.txt b/bills_text/House-5214.txt index 7959105..de9fb20 100644 --- a/bills_text/House-5214.txt +++ b/bills_text/House-5214.txt @@ -1,151 +1,140 @@ -116th CONGRESS - 2d Session - H. R. 5214 + H.R.5214 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - February 10, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To amend title 5, United States Code, to prevent fraud by - representative payees. +To amend title 5, United States Code, to prevent fraud by representative + payees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Representative Payee Fraud Prevention Act of 2019''. - SEC. 2. REPRESENTATIVE PAYEE FRAUD. - (a) Definitions.-- - (1) CSRS.--Section 8331 of title 5, United States Code, is - amended-- - (A) in paragraph (31), by striking ``and'' at the - end; - (B) in paragraph (32), by striking the period at - the end and inserting ``; and''; and - (C) by adding at the end the following: - ``(33) `representative payee' means a person (including an - organization) designated under section 8345(e)(1) to receive - payments on behalf of a minor or an individual mentally - incompetent or under other legal disability.''. - (2) FERS.--Section 8401 of title 5, United States Code, is - amended-- - (A) in paragraph (37), by striking ``and'' at the - end; - (B) in paragraph (38), by striking the period at - the end and inserting ``; and''; and - (C) by adding at the end the following: - ``(39) `representative payee' means a person (including an - organization) designated under section 8466(c)(1) to receive - payments on behalf of a minor or an individual mentally - incompetent or under other legal disability.''. + (1) CSRS.--Section 8331 of title 5, United States Code, is + amended-- + (A) in paragraph (31), by striking ``and'' at the end; + (B) in paragraph (32), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: + ``(33) `representative payee' means a person (including an + organization) designated under section 8345(e)(1) to receive + payments on behalf of a minor or an individual mentally incompetent + or under other legal disability.''. + (2) FERS.--Section 8401 of title 5, United States Code, is + amended-- + (A) in paragraph (37), by striking ``and'' at the end; + (B) in paragraph (38), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: + ``(39) `representative payee' means a person (including an + organization) designated under section 8466(c)(1) to receive + payments on behalf of a minor or an individual mentally incompetent + or under other legal disability.''. (b) Embezzlement or Conversion.-- - (1) CSRS.--Subchapter III of chapter 83 of title 5, United - States Code, is amended by inserting after section 8345 the - following: + (1) CSRS.--Subchapter III of chapter 83 of title 5, United + States Code, is amended by inserting after section 8345 the + following: ``Sec. 8345a. Embezzlement or conversion of payments ``(a) Embezzling and Conversion Generally.-- - ``(1) In general.--It shall be unlawful for a - representative payee to embezzle or in any manner convert all - or any part of the amounts received from payments received as a - representative payee to a use other than for the use and - benefit of the minor or individual on whose behalf such - payments were received. - ``(2) Revocation.--If the Office determines that a - representative payee has embezzled or converted payments as - described in paragraph (1), the Office shall promptly-- - ``(A) revoke the certification for payment of - benefits to the representative payee; and - ``(B) certify payment-- - ``(i) to another representative payee; or - ``(ii) if the interest of the individual - under this title would be served thereby, to - the individual. + ``(1) In general.--It shall be unlawful for a representative + payee to embezzle or in any manner convert all or any part of the + amounts received from payments received as a representative payee + to a use other than for the use and benefit of the minor or + individual on whose behalf such payments were received. + ``(2) Revocation.--If the Office determines that a + representative payee has embezzled or converted payments as + described in paragraph (1), the Office shall promptly-- + ``(A) revoke the certification for payment of benefits to + the representative payee; and + ``(B) certify payment-- + ``(i) to another representative payee; or + ``(ii) if the interest of the individual under this + title would be served thereby, to the individual. ``(b) Penalty.--Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.''. - (2) FERS.--Subchapter VI of chapter 84 of title 5, United - States Code, is amended by inserting after section 8466 the - following: + (2) FERS.--Subchapter VI of chapter 84 of title 5, United + States Code, is amended by inserting after section 8466 the + following: ``Sec. 8466a. Embezzlement or conversion of payments ``(a) Embezzling and Conversion Generally.-- - ``(1) In general.--It shall be unlawful for a - representative payee to embezzle or in any manner convert all - or any part of the amounts received from payments received as a - representative payee to a use other than for the use and - benefit of the minor or individual on whose behalf such - payments were received. - ``(2) Revocation.--If the Office determines that a - representative payee has embezzled or converted payments as - described in paragraph (1), the Office shall promptly-- - ``(A) revoke the certification for payment of - benefits to the representative payee; and - ``(B) certify payment-- - ``(i) to another representative payee; or - ``(ii) if the interest of the individual - under this title would be served thereby, to - the individual. + ``(1) In general.--It shall be unlawful for a representative + payee to embezzle or in any manner convert all or any part of the + amounts received from payments received as a representative payee + to a use other than for the use and benefit of the minor or + individual on whose behalf such payments were received. + ``(2) Revocation.--If the Office determines that a + representative payee has embezzled or converted payments as + described in paragraph (1), the Office shall promptly-- + ``(A) revoke the certification for payment of benefits to + the representative payee; and + ``(B) certify payment-- + ``(i) to another representative payee; or + ``(ii) if the interest of the individual under this + title would be served thereby, to the individual. ``(b) Penalty.--Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.''. - (3) Technical and conforming amendments.-- - (A) The table of sections for chapter 83 of title - 5, United States Code, is amended by inserting after - the item relating to section 8345 the following: + (3) Technical and conforming amendments.-- + (A) The table of sections for chapter 83 of title 5, United + States Code, is amended by inserting after the item relating to + section 8345 the following: ``8345a. Embezzlement or conversion of payments.''. - (B) The table of sections for chapter 84 of title - 5, United States Code, is amended by inserting after - the item relating to section 8466 the following: + + (B) The table of sections for chapter 84 of title 5, United + States Code, is amended by inserting after the item relating to + section 8466 the following: ``8466a. Embezzlement or conversion of payments.''. + (c) Deferral of Payment Pending Appointment of Representative Payee.-- - (1) CSRS.--Section 8345(e) of title 5, United States Code, - is amended-- - (A) by inserting ``(1)'' after ``(e)''; - (B) in the first sentence, by inserting - ``(including an organization)'' after ``person''; - (C) in the second sentence-- - (i) by inserting ``(including an - organization)'' after ``any person''; and - (ii) by inserting ``and may appropriately - receive such payments on behalf of the - claimant'' after ``claimant'' the second place - it appears; and - (D) by adding at the end the following: + (1) CSRS.--Section 8345(e) of title 5, United States Code, is + amended-- + (A) by inserting ``(1)'' after ``(e)''; + (B) in the first sentence, by inserting ``(including an + organization)'' after ``person''; + (C) in the second sentence-- + (i) by inserting ``(including an organization)'' after + ``any person''; and + (ii) by inserting ``and may appropriately receive such + payments on behalf of the claimant'' after ``claimant'' the + second place it appears; and + (D) by adding at the end the following: ``(2) If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, including all amounts due.''. - (2) FERS.--Section 8466(c) of title 5, United States Code, - is amended-- - (A) by inserting ``(1)'' after ``(c)''; - (B) in the first sentence, by inserting - ``(including an organization)'' after ``person''; - (C) in the second sentence-- - (i) by inserting ``(including an - organization)'' after ``any person''; and - (ii) by inserting ``and may appropriately - receive such payments on behalf of the - claimant'' after ``claimant'' the second place - it appears; and - (D) by adding at the end the following: + (2) FERS.--Section 8466(c) of title 5, United States Code, is + amended-- + (A) by inserting ``(1)'' after ``(c)''; + (B) in the first sentence, by inserting ``(including an + organization)'' after ``person''; + (C) in the second sentence-- + (i) by inserting ``(including an organization)'' after + ``any person''; and + (ii) by inserting ``and may appropriately receive such + payments on behalf of the claimant'' after ``claimant'' the + second place it appears; and + (D) by adding at the end the following: ``(2) If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or @@ -153,50 +142,43 @@ suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, including all amounts due.''. (d) Limitations on Appointments of Representative Payees.-- - (1) CSRS.--Section 8345 of title 5, United States Code, is - amended by inserting after subsection (e) the following: + (1) CSRS.--Section 8345 of title 5, United States Code, is + amended by inserting after subsection (e) the following: ``(f) The Office may not authorize a person to receive payments on behalf of a minor or individual of legal disability under subsection (e) if that person has been convicted of a violation of-- - ``(1) section 8345a or 8466a; - ``(2) section 208 or 1632 of the Social Security Act (42 - U.S.C. 408, 1383a); or - ``(3) section 6101 of title 38.''. - (2) FERS.--Section 8466 of title 5, United States Code, is - amended by adding at the end the following: + ``(1) section 8345a or 8466a; + ``(2) section 208 or 1632 of the Social Security Act (42 U.S.C. + 408, 1383a); or + ``(3) section 6101 of title 38.''. + (2) FERS.--Section 8466 of title 5, United States Code, is + amended by adding at the end the following: ``(d) The Office may not authorize a person to receive payments on behalf of a minor or individual of legal disability under subsection (c) if that person has been convicted of a violation of-- - ``(1) section 8345a or 8466a; - ``(2) section 208 or 1632 of the Social Security Act (42 - U.S.C. 408, 1383a); or - ``(3) section 6101 of title 38.''. - + ``(1) section 8345a or 8466a; + ``(2) section 208 or 1632 of the Social Security Act (42 U.S.C. + 408, 1383a); or + ``(3) section 6101 of title 38.''. SEC. 3. IMPLEMENTATION. - (a) Authorization of Payments.--Section 8348(a)(1)(B) of title 5, United States Code, is amended by inserting ``in administering fraud prevention under sections 8345, 8345a, 8466, and 8466a of this title,'' after ``8465(b) of this title,''. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Office of Personnel Management-- - (1) shall promulgate regulations to carry out the - amendments made by section 2; and - (2) may promulgate additional regulations relating to the - administration of the representative payee program. - + (1) shall promulgate regulations to carry out the amendments + made by section 2; and + (2) may promulgate additional regulations relating to the + administration of the representative payee program. SEC. 4. EFFECTIVE DATE. - The amendments made by section 2-- - (1) shall take effect on the date of the enactment of this - Act; and - (2) apply on and after the effective date of the - regulations promulgated under section 3(b)(1). - - Passed the House of Representatives February 5, 2020. - - Attest: + (1) shall take effect on the date of the enactment of this Act; + and + (2) apply on and after the effective date of the regulations + promulgated under section 3(b)(1). - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 79437c488856a774040b0e4ade1bb09c871b25b3 Mon Sep 17 00:00:00 2001 From: "Rep. Torres Small, Xochitl [D-NM-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 494/984] House-5273: Introduced to House --- bills_text/House-5273.txt | 168 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 168 insertions(+) create mode 100644 bills_text/House-5273.txt diff --git a/bills_text/House-5273.txt b/bills_text/House-5273.txt new file mode 100644 index 0000000..4d875c1 --- /dev/null +++ b/bills_text/House-5273.txt @@ -0,0 +1,168 @@ +116th CONGRESS + 1st Session + H. R. 5273 + + To require the Secretary of Homeland Security to develop a plan to + increase to 100 percent the rates of scanning of commercial and + passenger vehicles entering the United States at land ports of entry +along the border using large-scale non-intrusive inspection systems to + enhance border security, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 26, 2019 + + Ms. Torres Small of New Mexico (for herself and Mr. Crenshaw) + introduced the following bill; which was referred to the Committee on + Homeland Security + +_______________________________________________________________________ + + A BILL + + + + To require the Secretary of Homeland Security to develop a plan to + increase to 100 percent the rates of scanning of commercial and + passenger vehicles entering the United States at land ports of entry +along the border using large-scale non-intrusive inspection systems to + enhance border security, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Securing America's Ports Act''. + +SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Homeland Security shall submit +to the Committee on Homeland Security of the House of Representatives +and the Committee on Homeland Security and Governmental Affairs of the +Senate a plan to increase to 100 percent the rates of scanning of +commercial and passenger vehicles entering the United States at land +ports of entry along the border using large-scale non-intrusive +inspection systems to enhance border security. + (b) Baseline Information.--At a minimum, the plan required under +subsection (a) shall include the following information regarding large- +scale non-intrusive inspection systems operated by U.S. Customs and +Border Protection at land ports of entry in fiscal year 2019: + (1) An inventory of large-scale non-intrusive inspection + systems in use at land ports of entry. + (2) For each system identified in the inventory required + under paragraph (1), the following information: + (A) The scanning technology of such system. + (B) The location of such system at the land port of + entry that specifies whether in use in pre-primary, + primary, or secondary inspection area, or some + combination thereof. + (C) The percentage of commercial and passenger + vehicles scanned by such system. + (D) Seizure data related to scanned commercial and + passenger vehicles. + (3) The total number of commercial and passenger vehicles + entering at the land port of entry where each system is in use, + and information on average wait times at peak and non-peak + travel times, by lane type if applicable. + (c) Elements.--The plan required under subsection (a) shall include +the following information: + (1) Benchmarks for achieving incremental progress towards + 100 percent scanning with corresponding projected incremental + improvements in scanning rates by fiscal year and rationales + for the specified timeframes for each land port of entry. + (2) Estimated costs, together with an acquisition plan, for + achieving the 100 percent scanning rate within the timeframes + specified in paragraph (1), including total acquisition, + operations, and maintenance costs for large-scale non-intrusive + inspection systems, as well as associated costs for any + necessary infrastructure enhancements or configuration changes + at each port of entry. + (3) Any anticipated impacts, as identified by the + Commissioner of U.S. Customs and Border Protection, on the + total number of commercial and passenger vehicles entering at + land ports of entry where such systems are in use, and average + wait times at peak and non-peak travel times, by lane type if + applicable, as scanning rates are increased. + (4) Any anticipated impacts, as identified by the + Commissioner of U.S. Customs and Border Protection, on land + ports of entry border security operations as a result of + implementation actions, including any changes to the number of + U.S. Customs and Border Protection officers or their duties and + assignments. + (d) Research and Development.--In furtherance of the plan required +under subsection (a), the Secretary of Homeland Security shall carry +out a one-year pilot program to research and develop technology +enhancements and refinements to the operational configuration of pre- +primary, primary, and secondary inspection areas of land ports of +entry. Such pilot program shall include consideration of large-scale +emerging non-intrusive inspection systems and modeling the use of such +systems that takes into account the variations in infrastructure, +configurations, and sizes of land ports of entry. + (e) Annual Report.--Not later than one year after the submission of +the plan required under subsection (a) and annually thereafter until +such time as U.S. Customs and Border Protection has achieved 100 +percent scanning of commercial and passenger vehicles entering the +United States at land ports of entry along the border using large-scale +non-intrusive inspection systems in accordance with such plan, the +Secretary of Homeland Security shall report to the Committee on +Homeland Security of the House of Representatives and the Committee on +Homeland Security and Governmental Affairs of the Senate on progress +implementing the plan. Each such report at a minimum shall include the +following information: + (1) An inventory of large-scale non-intrusive inspection + systems operated by U.S. Customs and Border Protection at land + ports of entry. + (2) For each system identified in the inventory required + under paragraph (1), the following information: + (A) The scanning technology of such system. + (B) The location of such system at the land port of + entry that specifies whether in use in pre-primary, + primary, or secondary inspection area, or some + combination thereof. + (C) The percentage of commercial and passenger + vehicles scanned by the system. + (D) Seizure data related to scanned commercial and + passenger vehicles. + (3) The total number of commercial and passenger vehicles + entering at the land port of entry where each system is in use, + and information on average wait times at peak and non-peak + travel times, by lane type if applicable. + (4) Progress with respect to the benchmarks specified in + subsection (c)(1), and an explanation if any of such benchmarks + are not achieved as planned. + (5) A comparison of actual costs (including information on + any awards of associated contracts) to estimated costs set + forth in subsection (c)(2). + (6) Any realized impacts, as identified by the Commissioner + of U.S. Customs and Border Protection, on land ports of entry + operations as a result of implementation actions, including any + changes to the number of U.S. Customs and Border Protection + officers or their duties and assignments. + (7) Any proposed changes to the plan and an explanation for + such changes, including changes made in response to any + Department of Homeland Security research and development + findings, including findings resulting from the pilot program + under subsection (d), or changes in terrorist or transnational + criminal organizations tactics, techniques, or procedures. + (8) Any challenges to implementing the plan or meeting the + benchmarks, and plans to mitigate any such challenges. + (f) Definitions.--In this section: + (1) Large-scale non-intrusive inspection system.--The term + ``large-scale non-intrusive inspection system'' means a + technology, including x-ray and gamma-ray imaging systems, + capable of scanning an entire commercial or passenger vehicle + in one pass to provide an image of the presence of any + contraband. + (2) Scanning.--The term ``scanning'' means a non-physical + inspection of a commercial or passenger vehicle by a U.S. + Customs and Border Protection officer in which images are + generated of the contents of the vehicle through a technology, + including x-ray and gamma-ray imaging systems, for analysis by + U.S. Customs and Border Protection. + \ No newline at end of file From 3579a7c7cdb77bc7f5f862ea64880344e7f29763 Mon Sep 17 00:00:00 2001 From: "Rep. Torres Small, Xochitl [D-NM-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 495/984] House-5273: Engrossed in House --- bills_text/House-5273.txt | 205 +++++++++++++++++++++----------------- 1 file changed, 111 insertions(+), 94 deletions(-) diff --git a/bills_text/House-5273.txt b/bills_text/House-5273.txt index 4d875c1..5508732 100644 --- a/bills_text/House-5273.txt +++ b/bills_text/House-5273.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5273 - To require the Secretary of Homeland Security to develop a plan to - increase to 100 percent the rates of scanning of commercial and - passenger vehicles entering the United States at land ports of entry -along the border using large-scale non-intrusive inspection systems to - enhance border security, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - November 26, 2019 - - Ms. Torres Small of New Mexico (for herself and Mr. Crenshaw) - introduced the following bill; which was referred to the Committee on - Homeland Security - _______________________________________________________________________ - A BILL + AN ACT @@ -45,94 +27,107 @@ SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN. enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the -Senate a plan to increase to 100 percent the rates of scanning of -commercial and passenger vehicles entering the United States at land -ports of entry along the border using large-scale non-intrusive -inspection systems to enhance border security. +Senate a plan to increase to 100 percent the rates of expeditious +scanning of commercial and passenger vehicles entering the United +States at land ports of entry along the border using large-scale non- +intrusive inspection systems or similar technology to enhance border +security. (b) Baseline Information.--At a minimum, the plan required under subsection (a) shall include the following information regarding large- -scale non-intrusive inspection systems operated by U.S. Customs and -Border Protection at land ports of entry in fiscal year 2019: +scale non-intrusive inspection systems or similar technology operated +by U.S. Customs and Border Protection at land ports of entry as of the +date of the enactment of this Act: (1) An inventory of large-scale non-intrusive inspection - systems in use at land ports of entry. - (2) For each system identified in the inventory required - under paragraph (1), the following information: - (A) The scanning technology of such system. - (B) The location of such system at the land port of - entry that specifies whether in use in pre-primary, - primary, or secondary inspection area, or some - combination thereof. + systems or similar technology in use at each land port of + entry. + (2) For each system or technology identified in the + inventory required under paragraph (1), the following + information: + (A) The scanning method of such system or + technology. + (B) The location of such system or technology at + each land port of entry that specifies whether in use + in pre-primary, primary, or secondary inspection area, + or some combination thereof. (C) The percentage of commercial and passenger - vehicles scanned by such system. - (D) Seizure data related to scanned commercial and - passenger vehicles. - (3) The total number of commercial and passenger vehicles - entering at the land port of entry where each system is in use, - and information on average wait times at peak and non-peak - travel times, by lane type if applicable. + vehicles scanned by such system or technology. + (D) Seizure data directly attributed to scanned + commercial and passenger vehicles. (c) Elements.--The plan required under subsection (a) shall include the following information: (1) Benchmarks for achieving incremental progress towards - 100 percent scanning with corresponding projected incremental + 100 percent expeditious scanning of commercial and passenger + vehicles entering the United States at land ports of entry + along the border with corresponding projected incremental improvements in scanning rates by fiscal year and rationales for the specified timeframes for each land port of entry. (2) Estimated costs, together with an acquisition plan, for - achieving the 100 percent scanning rate within the timeframes - specified in paragraph (1), including total acquisition, + achieving the 100 expeditious percent scanning rate within the + timeframes specified in paragraph (1), including acquisition, operations, and maintenance costs for large-scale non-intrusive - inspection systems, as well as associated costs for any - necessary infrastructure enhancements or configuration changes - at each port of entry. - (3) Any anticipated impacts, as identified by the + inspection systems or similar technology, as well as associated + costs for any necessary infrastructure enhancements or + configuration changes at each port of entry. To the extent + practicable, such acquisition plan shall promote opportunities + for entities that qualify as small business concerns (as such + term is described under section 3 of the Small Business Act (15 + U.S.C. 632). + (3) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total number of commercial and passenger vehicles entering at land ports of entry where such systems are in use, and average wait times at peak and non-peak travel times, by lane type if applicable, as scanning rates are increased. - (4) Any anticipated impacts, as identified by the + (4) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry border security operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments. (d) Research and Development.--In furtherance of the plan required -under subsection (a), the Secretary of Homeland Security shall carry -out a one-year pilot program to research and develop technology -enhancements and refinements to the operational configuration of pre- -primary, primary, and secondary inspection areas of land ports of -entry. Such pilot program shall include consideration of large-scale -emerging non-intrusive inspection systems and modeling the use of such -systems that takes into account the variations in infrastructure, -configurations, and sizes of land ports of entry. - (e) Annual Report.--Not later than one year after the submission of +under subsection (a), the Secretary of Homeland Security, acting +through the Under Secretary for Science and Technology, shall conduct +research and development, in coordination with the Commissioner of U.S. +Customs and Border Protection, to enhance large-scale non-intrusive +inspections systems or similar technology and refine the operational +use or configuration of such systems or technology in pre-primary, +primary, and secondary inspection areas of land ports of entry. Such +research and development shall include consideration of emerging large- +scale non-intrusive inspection systems or similar technology and +modeling the use of such systems or technology that takes into account +the variations in infrastructure, configurations, and sizes of land +ports of entry. + (e) Annual Report.--Not later than 1 year after the submission of the plan required under subsection (a) and annually thereafter until such time as U.S. Customs and Border Protection has achieved 100 -percent scanning of commercial and passenger vehicles entering the -United States at land ports of entry along the border using large-scale -non-intrusive inspection systems in accordance with such plan, the -Secretary of Homeland Security shall report to the Committee on -Homeland Security of the House of Representatives and the Committee on -Homeland Security and Governmental Affairs of the Senate on progress -implementing the plan. Each such report at a minimum shall include the -following information: +percent expeditious scanning of commercial and passenger vehicles +entering the United States at land ports of entry along the border +using large-scale non-intrusive inspection systems or similar +technology in accordance with such plan, the Secretary of Homeland +Security shall report to the Committee on Homeland Security of the +House of Representatives and the Committee on Homeland Security and +Governmental Affairs of the Senate on progress implementing the plan. +Each such report at a minimum shall include the following information: (1) An inventory of large-scale non-intrusive inspection - systems operated by U.S. Customs and Border Protection at land - ports of entry. - (2) For each system identified in the inventory required - under paragraph (1), the following information: - (A) The scanning technology of such system. - (B) The location of such system at the land port of - entry that specifies whether in use in pre-primary, - primary, or secondary inspection area, or some - combination thereof. + systems or similar technology operated by U.S. Customs and + Border Protection at each land port of entry. + (2) For each system or technology identified in the + inventory required under paragraph (1), the following + information: + (A) The scanning method of such system or + technology. + (B) The location of such system or technology at + each land port of entry that specifies whether in use + in pre-primary, primary, or secondary inspection area, + or some combination thereof. (C) The percentage of commercial and passenger - vehicles scanned by the system. - (D) Seizure data related to scanned commercial and - passenger vehicles. + vehicles scanned by such system or technology. + (D) Seizure data directly attributed to scanned + commercial and passenger vehicles. (3) The total number of commercial and passenger vehicles - entering at the land port of entry where each system is in use, - and information on average wait times at peak and non-peak - travel times, by lane type if applicable. + entering at each land port of entry where each system or + technology is in use, and information on average wait times at + peak and non-peak travel times, by lane type if applicable. (4) Progress with respect to the benchmarks specified in subsection (c)(1), and an explanation if any of such benchmarks are not achieved as planned. @@ -147,22 +142,44 @@ following information: (7) Any proposed changes to the plan and an explanation for such changes, including changes made in response to any Department of Homeland Security research and development - findings, including findings resulting from the pilot program - under subsection (d), or changes in terrorist or transnational - criminal organizations tactics, techniques, or procedures. + findings, including findings resulting from the research and + development conducted pursuant to subsection (d), or changes in + terrorist or transnational criminal organizations tactics, + techniques, or procedures. (8) Any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges. (f) Definitions.--In this section: (1) Large-scale non-intrusive inspection system.--The term ``large-scale non-intrusive inspection system'' means a technology, including x-ray and gamma-ray imaging systems, - capable of scanning an entire commercial or passenger vehicle - in one pass to provide an image of the presence of any - contraband. - (2) Scanning.--The term ``scanning'' means a non-physical - inspection of a commercial or passenger vehicle by a U.S. - Customs and Border Protection officer in which images are - generated of the contents of the vehicle through a technology, - including x-ray and gamma-ray imaging systems, for analysis by - U.S. Customs and Border Protection. - \ No newline at end of file + capable of producing an image of the contents of a commercial + or passenger vehicle in one pass of such vehicle. + (2) Scanning.--The term ``scanning'' means utilizing + technology to produce an image of the con- + + + + + tents of a commercial or passenger vehicle without engaging in + a physical inspection of such vehicle. + + Passed the House of Representatives February 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5273 + +_______________________________________________________________________ + + AN ACT + + To require the Secretary of Homeland Security to develop a plan to + increase to 100 percent the rates of scanning of commercial and + passenger vehicles entering the United States at land ports of entry +along the border using large-scale non-intrusive inspection systems to + enhance border security, and for other purposes. From f64babf7eae8c66d66fe1c1fc9925a3c9c08b497 Mon Sep 17 00:00:00 2001 From: "Rep. Torres Small, Xochitl [D-NM-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 496/984] House-5273: Enrolled --- bills_text/House-5273.txt | 311 +++++++++++++++++--------------------- 1 file changed, 140 insertions(+), 171 deletions(-) diff --git a/bills_text/House-5273.txt b/bills_text/House-5273.txt index 5508732..395bfa0 100644 --- a/bills_text/House-5273.txt +++ b/bills_text/House-5273.txt @@ -1,185 +1,154 @@ -116th CONGRESS - 2d Session - H. R. 5273 + H.R.5273 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To require the Secretary of Homeland Security to develop a plan to + To require the Secretary of Homeland Security to develop a plan to increase to 100 percent the rates of scanning of commercial and - passenger vehicles entering the United States at land ports of entry -along the border using large-scale non-intrusive inspection systems to - enhance border security, and for other purposes. + passenger vehicles and freight rail entering the United States at land + ports of entry along the border using large-scale, non-intrusive + inspection systems to enhance border security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Securing America's Ports Act''. - SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN. - - (a) In General.--Not later than 180 days after the date of the + (a) Definitions.--In this section: + (1) Large-scale non-intrusive inspection system.--The term + ``large-scale, non-intrusive inspection system'' means a + technology, including x-ray, gamma-ray, and passive imaging + systems, capable of producing an image of the contents of a + commercial or passenger vehicle or freight rail car in 1 pass of + such vehicle or car. + (2) Scanning.--The term ``scanning'' means utilizing + nonintrusive imaging equipment, radiation detection equipment, or + both, to capture data, including images of a commercial or + passenger vehicle or freight rail car. + (b) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit -to the Committee on Homeland Security of the House of Representatives -and the Committee on Homeland Security and Governmental Affairs of the -Senate a plan to increase to 100 percent the rates of expeditious -scanning of commercial and passenger vehicles entering the United -States at land ports of entry along the border using large-scale non- -intrusive inspection systems or similar technology to enhance border -security. - (b) Baseline Information.--At a minimum, the plan required under -subsection (a) shall include the following information regarding large- -scale non-intrusive inspection systems or similar technology operated -by U.S. Customs and Border Protection at land ports of entry as of the -date of the enactment of this Act: - (1) An inventory of large-scale non-intrusive inspection - systems or similar technology in use at each land port of - entry. - (2) For each system or technology identified in the - inventory required under paragraph (1), the following - information: - (A) The scanning method of such system or - technology. - (B) The location of such system or technology at - each land port of entry that specifies whether in use - in pre-primary, primary, or secondary inspection area, - or some combination thereof. - (C) The percentage of commercial and passenger - vehicles scanned by such system or technology. - (D) Seizure data directly attributed to scanned - commercial and passenger vehicles. - (c) Elements.--The plan required under subsection (a) shall include -the following information: - (1) Benchmarks for achieving incremental progress towards - 100 percent expeditious scanning of commercial and passenger - vehicles entering the United States at land ports of entry - along the border with corresponding projected incremental - improvements in scanning rates by fiscal year and rationales - for the specified timeframes for each land port of entry. - (2) Estimated costs, together with an acquisition plan, for - achieving the 100 expeditious percent scanning rate within the - timeframes specified in paragraph (1), including acquisition, - operations, and maintenance costs for large-scale non-intrusive - inspection systems or similar technology, as well as associated - costs for any necessary infrastructure enhancements or - configuration changes at each port of entry. To the extent - practicable, such acquisition plan shall promote opportunities - for entities that qualify as small business concerns (as such - term is described under section 3 of the Small Business Act (15 - U.S.C. 632). - (3) Any projected impacts, as identified by the - Commissioner of U.S. Customs and Border Protection, on the - total number of commercial and passenger vehicles entering at - land ports of entry where such systems are in use, and average - wait times at peak and non-peak travel times, by lane type if - applicable, as scanning rates are increased. - (4) Any projected impacts, as identified by the - Commissioner of U.S. Customs and Border Protection, on land - ports of entry border security operations as a result of - implementation actions, including any changes to the number of - U.S. Customs and Border Protection officers or their duties and - assignments. - (d) Research and Development.--In furtherance of the plan required -under subsection (a), the Secretary of Homeland Security, acting -through the Under Secretary for Science and Technology, shall conduct -research and development, in coordination with the Commissioner of U.S. -Customs and Border Protection, to enhance large-scale non-intrusive -inspections systems or similar technology and refine the operational -use or configuration of such systems or technology in pre-primary, -primary, and secondary inspection areas of land ports of entry. Such -research and development shall include consideration of emerging large- -scale non-intrusive inspection systems or similar technology and -modeling the use of such systems or technology that takes into account -the variations in infrastructure, configurations, and sizes of land -ports of entry. +a plan to the Committee on Homeland Security and Governmental Affairs +of the Senate and the Committee on Homeland Security of the House of +Representatives for increasing to 100 percent the rate of high- +throughput scanning of commercial and passenger vehicles and freight +rail traffic entering the United States at land ports of entry and +rail-border crossings along the border using large-scale non-intrusive +inspection systems or similar technology to enhance border security. + (c) Baseline Information.--The plan under subsection (b) shall +include, at a minimum, the following information regarding large-scale +non-intrusive inspection systems or similar technology operated by U.S. +Customs and Border Protection at land ports of entry and rail-border +crossings as of the date of the enactment of this Act: + (1) An inventory of large-scale non-intrusive inspection + systems or similar technology in use at each land port of entry. + (2) For each system or technology identified in the inventory + under paragraph (1)-- + (A) the scanning method of such system or technology; + (B) the location of such system or technology at each land + port of entry that specifies whether in use in pre-primary, + primary, or secondary inspection area, or some combination of + such areas; + (C) the percentage of commercial and passenger vehicles and + freight rail traffic scanned by such system or technology; + (D) seizure data directly attributed to scanned commercial + and passenger vehicles and freight rail traffic; and + (E) the number of personnel required to operate each system + or technology. + (3) Information regarding the continued use of other technology + and tactics used for scanning, such as canines and human + intelligence in conjunction with large scale, nonintrusive + inspection systems. + (d) Elements.--The plan under subsection (b) shall include the +following information: + (1) Benchmarks for achieving incremental progress towards 100 + percent high-throughput scanning within the next 6 years of + commercial and passenger vehicles and freight rail traffic entering + the United States at land ports of entry and rail-border crossings + along the border with corresponding projected incremental + improvements in scanning rates by fiscal year and rationales for + the specified timeframes for each land port of entry. + (2) Estimated costs, together with an acquisition plan, for + achieving the 100 percent high-throughput scanning rate within the + timeframes specified in paragraph (1), including acquisition, + operations, and maintenance costs for large-scale, nonintrusive + inspection systems or similar technology, and associated costs for + any necessary infrastructure enhancements or configuration changes + at each port of entry. Such acquisition plan shall promote, to the + extent practicable, opportunities for entities that qualify as + small business concerns (as defined under section 3(a) of the Small + Business Act (15 U.S.C. 632(a)). + (3) Any projected impacts, as identified by the Commissioner of + U.S. Customs and Border Protection, on the total number of + commercial and passenger vehicles and freight rail traffic entering + at land ports of entry and rail-border crossings where such systems + are in use, and average wait times at peak and non-peak travel + times, by lane type if applicable, as scanning rates are increased. + (4) Any projected impacts, as identified by the Commissioner of + U.S. Customs and Border Protection, on land ports of entry and + rail-border crossings border security operations as a result of + implementation actions, including any changes to the number of U.S. + Customs and Border Protection officers or their duties and + assignments. (e) Annual Report.--Not later than 1 year after the submission of -the plan required under subsection (a) and annually thereafter until -such time as U.S. Customs and Border Protection has achieved 100 -percent expeditious scanning of commercial and passenger vehicles -entering the United States at land ports of entry along the border -using large-scale non-intrusive inspection systems or similar -technology in accordance with such plan, the Secretary of Homeland -Security shall report to the Committee on Homeland Security of the -House of Representatives and the Committee on Homeland Security and -Governmental Affairs of the Senate on progress implementing the plan. -Each such report at a minimum shall include the following information: - (1) An inventory of large-scale non-intrusive inspection - systems or similar technology operated by U.S. Customs and - Border Protection at each land port of entry. - (2) For each system or technology identified in the - inventory required under paragraph (1), the following - information: - (A) The scanning method of such system or - technology. - (B) The location of such system or technology at - each land port of entry that specifies whether in use - in pre-primary, primary, or secondary inspection area, - or some combination thereof. - (C) The percentage of commercial and passenger - vehicles scanned by such system or technology. - (D) Seizure data directly attributed to scanned - commercial and passenger vehicles. - (3) The total number of commercial and passenger vehicles - entering at each land port of entry where each system or - technology is in use, and information on average wait times at - peak and non-peak travel times, by lane type if applicable. - (4) Progress with respect to the benchmarks specified in - subsection (c)(1), and an explanation if any of such benchmarks - are not achieved as planned. - (5) A comparison of actual costs (including information on - any awards of associated contracts) to estimated costs set - forth in subsection (c)(2). - (6) Any realized impacts, as identified by the Commissioner - of U.S. Customs and Border Protection, on land ports of entry - operations as a result of implementation actions, including any - changes to the number of U.S. Customs and Border Protection - officers or their duties and assignments. - (7) Any proposed changes to the plan and an explanation for - such changes, including changes made in response to any - Department of Homeland Security research and development - findings, including findings resulting from the research and - development conducted pursuant to subsection (d), or changes in - terrorist or transnational criminal organizations tactics, - techniques, or procedures. - (8) Any challenges to implementing the plan or meeting the - benchmarks, and plans to mitigate any such challenges. - (f) Definitions.--In this section: - (1) Large-scale non-intrusive inspection system.--The term - ``large-scale non-intrusive inspection system'' means a - technology, including x-ray and gamma-ray imaging systems, - capable of producing an image of the contents of a commercial - or passenger vehicle in one pass of such vehicle. - (2) Scanning.--The term ``scanning'' means utilizing - technology to produce an image of the con- - - - - - tents of a commercial or passenger vehicle without engaging in - a physical inspection of such vehicle. - - Passed the House of Representatives February 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5273 - -_______________________________________________________________________ - - AN ACT - - To require the Secretary of Homeland Security to develop a plan to - increase to 100 percent the rates of scanning of commercial and - passenger vehicles entering the United States at land ports of entry -along the border using large-scale non-intrusive inspection systems to - enhance border security, and for other purposes. +the plan under subsection (b), and biennially thereafter for the +following 6 years, the Secretary of Homeland Security shall submit a +report to the Committee on Homeland Security and Governmental Affairs +of the Senate and the Committee on Homeland Security of the House of +Representatives that describes the progress implementing the plan and +includes-- + (1) an inventory of large-scale, nonintrusive inspection + systems or similar technology operated by U.S. Customs and Border + Protection at each land port of entry; + (2) for each system or technology identified in the inventory + required under paragraph (1)-- + (A) the scanning method of such system or technology; + (B) the location of such system or technology at each land + port of entry that specifies whether in use in pre-primary, + primary, or secondary inspection area, or some combination of + such areas; + (C) the percentage of commercial and passenger vehicles and + freight rail traffic scanned by such system or technology; and + (D) seizure data directly attributed to scanned commercial + and passenger vehicles and freight rail traffic; + (3) the total number of commercial and passenger vehicles and + freight rail traffic entering at each land port of entry at which + each system or technology is in use, and information on average + wait times at peak and non-peak travel times, by lane type if + applicable; + (4) a description of the progress towards reaching the + benchmarks referred to in subsection (d)(1), and an explanation if + any of such benchmarks are not achieved as planned; + (5) a comparison of actual costs (including information on any + awards of associated contracts) to estimated costs set forth in + subsection (d)(2); + (6) any realized impacts, as identified by the Commissioner of + U.S. Customs and Border Protection, on land ports of entry and + rail-border crossings operations as a result of implementation + actions, including any changes to the number of U.S. Customs and + Border Protection officers or their duties and assignments; + (7) any proposed changes to the plan and an explanation for + such changes, including changes made in response to any Department + of Homeland Security research and development findings or changes + in terrorist or transnational criminal organizations tactics, + techniques, or procedures; and + (8) any challenges to implementing the plan or meeting the + benchmarks, and plans to mitigate any such challenges. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 6243349d12d6f9422ea4cdaedd066cdee4386214 Mon Sep 17 00:00:00 2001 From: "Rep. Lofgren, Zoe [D-CA-19]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 497/984] House-5277: Engrossed in House --- bills_text/House-5277.txt | 88 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 88 insertions(+) create mode 100644 bills_text/House-5277.txt diff --git a/bills_text/House-5277.txt b/bills_text/House-5277.txt new file mode 100644 index 0000000..483c913 --- /dev/null +++ b/bills_text/House-5277.txt @@ -0,0 +1,88 @@ +116th CONGRESS + 1st Session + H. R. 5277 + +_______________________________________________________________________ + + AN ACT + + + +To amend section 442 of title 18, United States Code, to exempt certain + interests in mutual funds, unit investment trusts, employee benefit + plans, and retirement plans from conflict of interest limitations for + the Government Publishing Office. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. GOVERNMENT PUBLISHING OFFICE. + + (a) In General.--Section 442 of title 18, United States Code, is +amended to read as follows: +``Sec. 442. Government Publishing Office + ``(a) Definitions.--In this section-- + ``(1) the terms `diversified', `employee benefit plan', + `holdings', `mutual fund', and `unit investment trust' have the + meanings given those terms under section 2640.102 of title 5, + Code of Federal Regulations, or any successor thereto; and + ``(2) the term `printing-related interest' means an + interest, direct or indirect, in-- + ``(A) the publication of any newspaper or + periodical; + ``(B) any printing, binding, engraving, or + lithographing of any kind; or + ``(C) any contract for furnishing paper or other + material connected with the public printing, binding, + lithographing, or engraving. + ``(b) Offense.-- + ``(1) In general.--Except as provided in paragraph (2), the + Director of the Government Publishing Office, Deputy Director + of the Government Publishing Office, nor any of their + assistants as determined by the Director of the Government + Publishing Office shall not, during his or her continuance in + office, have any printing-related interest. + ``(2) Exception for mutual funds, unit investment trusts, + employee benefit plans, and retirement plans.--It shall not be + a violation of paragraph (1) for an individual who is described + in such paragraph to have an interest in a diversified mutual + fund, diversified unit investment trust, employee benefit plan, + investment fund under the Thrift Savings Plan under subchapter + III of chapter 84 of title 5, or pension plan established or + maintained by a State government or any political subdivision + of a State government for its employees that has 1 or more + holdings that are printing-related interests if the fund, + trust, or plan does not exhibit a practice of concentrating in + printing-related interests. + ``(3) Authority of supervising ethics office.--The + supervising ethics office for the Government Publishing Office + under the Ethics in Government Act of 1978 (5 U.S.C. App.) + shall have the authority to issue rules and promulgate + regulations governing the implementation of this subsection. + ``(c) Penalty.--Whoever violates subsection (b)(1) shall be fined +under this title, imprisoned for not more than 1 year, or both.''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 23 of title 18, United States Code, is amended by striking the +item relating to section 442 and inserting the following: + +``442. Government Publishing Office.''. + + Passed the House of Representatives December 3, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 5277 + +_______________________________________________________________________ + + AN ACT + +To amend section 442 of title 18, United States Code, to exempt certain + interests in mutual funds, unit investment trusts, employee benefit + plans, and retirement plans from conflict of interest limitations for + the Government Publishing Office. From 1c1906394c4c5a76f457e6f8e9ab4e56a47a1dca Mon Sep 17 00:00:00 2001 From: "Rep. Lofgren, Zoe [D-CA-19]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 498/984] House-5277: Received in Senate --- bills_text/House-5277.txt | 26 ++++++++++++-------------- 1 file changed, 12 insertions(+), 14 deletions(-) diff --git a/bills_text/House-5277.txt b/bills_text/House-5277.txt index 483c913..71874da 100644 --- a/bills_text/House-5277.txt +++ b/bills_text/House-5277.txt @@ -2,6 +2,16 @@ 1st Session H. R. 5277 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 4, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -71,18 +81,6 @@ item relating to section 442 and inserting the following: Attest: - Clerk. -116th CONGRESS - - 1st Session + CHERYL L. JOHNSON, - H. R. 5277 - -_______________________________________________________________________ - - AN ACT - -To amend section 442 of title 18, United States Code, to exempt certain - interests in mutual funds, unit investment trusts, employee benefit - plans, and retirement plans from conflict of interest limitations for - the Government Publishing Office. + Clerk. From 443deb11455bef12a1cca07c07b962ffb4446246 Mon Sep 17 00:00:00 2001 From: "Rep. Lofgren, Zoe [D-CA-19]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 499/984] House-5277: Enrolled --- bills_text/House-5277.txt | 99 ++++++++++++++++++--------------------- 1 file changed, 46 insertions(+), 53 deletions(-) diff --git a/bills_text/House-5277.txt b/bills_text/House-5277.txt index 71874da..4ce3def 100644 --- a/bills_text/House-5277.txt +++ b/bills_text/House-5277.txt @@ -1,74 +1,69 @@ -116th CONGRESS - 1st Session - H. R. 5277 + H.R.5277 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 4, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act To amend section 442 of title 18, United States Code, to exempt certain interests in mutual funds, unit investment trusts, employee benefit plans, and retirement plans from conflict of interest limitations for - the Government Publishing Office. + the Government Publishing Office. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. GOVERNMENT PUBLISHING OFFICE. - (a) In General.--Section 442 of title 18, United States Code, is amended to read as follows: ``Sec. 442. Government Publishing Office ``(a) Definitions.--In this section-- - ``(1) the terms `diversified', `employee benefit plan', - `holdings', `mutual fund', and `unit investment trust' have the - meanings given those terms under section 2640.102 of title 5, - Code of Federal Regulations, or any successor thereto; and - ``(2) the term `printing-related interest' means an - interest, direct or indirect, in-- - ``(A) the publication of any newspaper or - periodical; - ``(B) any printing, binding, engraving, or - lithographing of any kind; or - ``(C) any contract for furnishing paper or other - material connected with the public printing, binding, - lithographing, or engraving. + ``(1) the terms `diversified', `employee benefit plan', + `holdings', `mutual fund', and `unit investment trust' have the + meanings given those terms under section 2640.102 of title 5, Code + of Federal Regulations, or any successor thereto; and + ``(2) the term `printing-related interest' means an interest, + direct or indirect, in-- + ``(A) the publication of any newspaper or periodical; + ``(B) any printing, binding, engraving, or lithographing of + any kind; or + ``(C) any contract for furnishing paper or other material + connected with the public printing, binding, lithographing, or + engraving. ``(b) Offense.-- - ``(1) In general.--Except as provided in paragraph (2), the - Director of the Government Publishing Office, Deputy Director - of the Government Publishing Office, nor any of their - assistants as determined by the Director of the Government - Publishing Office shall not, during his or her continuance in - office, have any printing-related interest. - ``(2) Exception for mutual funds, unit investment trusts, - employee benefit plans, and retirement plans.--It shall not be - a violation of paragraph (1) for an individual who is described - in such paragraph to have an interest in a diversified mutual - fund, diversified unit investment trust, employee benefit plan, - investment fund under the Thrift Savings Plan under subchapter - III of chapter 84 of title 5, or pension plan established or - maintained by a State government or any political subdivision - of a State government for its employees that has 1 or more - holdings that are printing-related interests if the fund, - trust, or plan does not exhibit a practice of concentrating in - printing-related interests. - ``(3) Authority of supervising ethics office.--The - supervising ethics office for the Government Publishing Office - under the Ethics in Government Act of 1978 (5 U.S.C. App.) - shall have the authority to issue rules and promulgate - regulations governing the implementation of this subsection. + ``(1) In general.--Except as provided in paragraph (2), the + Director of the Government Publishing Office, Deputy Director of + the Government Publishing Office, nor any of their assistants as + determined by the Director of the Government Publishing Office + shall not, during his or her continuance in office, have any + printing-related interest. + ``(2) Exception for mutual funds, unit investment trusts, + employee benefit plans, and retirement plans.--It shall not be a + violation of paragraph (1) for an individual who is described in + such paragraph to have an interest in a diversified mutual fund, + diversified unit investment trust, employee benefit plan, + investment fund under the Thrift Savings Plan under subchapter III + of chapter 84 of title 5, or pension plan established or maintained + by a State government or any political subdivision of a State + government for its employees that has 1 or more holdings that are + printing-related interests if the fund, trust, or plan does not + exhibit a practice of concentrating in printing-related interests. + ``(3) Authority of supervising ethics office.--The supervising + ethics office for the Government Publishing Office under the Ethics + in Government Act of 1978 (5 U.S.C. App.) shall have the authority + to issue rules and promulgate regulations governing the + implementation of this subsection. ``(c) Penalty.--Whoever violates subsection (b)(1) shall be fined under this title, imprisoned for not more than 1 year, or both.''. (b) Technical and Conforming Amendment.--The table of sections for @@ -77,10 +72,8 @@ item relating to section 442 and inserting the following: ``442. Government Publishing Office.''. - Passed the House of Representatives December 3, 2019. - - Attest: - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From c0d061c907da08c4bffab0dd2c92a4dbcec0c982 Mon Sep 17 00:00:00 2001 From: "Rep. Sewell, Terri A. [D-AL-7]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 500/984] House-5307: Introduced to House --- bills_text/House-5307.txt | 42 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-5307.txt diff --git a/bills_text/House-5307.txt b/bills_text/House-5307.txt new file mode 100644 index 0000000..088b0cd --- /dev/null +++ b/bills_text/House-5307.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 1st Session + H. R. 5307 + + To designate the facility of the United States Postal Service located +at 115 Nicol Avenue in Thomasville, Alabama, as the ``Postmaster Robert + Ingram Sr. Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 5, 2019 + +Ms. Sewell of Alabama introduced the following bill; which was referred + to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 115 Nicol Avenue in Thomasville, Alabama, as the ``Postmaster Robert + Ingram Sr. Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. POSTMASTER ROBERT INGRAM SR. POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 115 Nicol Avenue in Thomasville, Alabama, shall be known and +designated as the ``Postmaster Robert Ingram Sr. Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Postmaster +Robert Ingram Sr. Post Office''. + \ No newline at end of file From 2c0437147c73c4f303cb35ce9a5b509a4d583759 Mon Sep 17 00:00:00 2001 From: "Rep. Sewell, Terri A. [D-AL-7]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 501/984] House-5307: Engrossed in House --- bills_text/House-5307.txt | 47 +++++++++++++++++++++------------------ 1 file changed, 25 insertions(+), 22 deletions(-) diff --git a/bills_text/House-5307.txt b/bills_text/House-5307.txt index 088b0cd..ac1cef6 100644 --- a/bills_text/House-5307.txt +++ b/bills_text/House-5307.txt @@ -1,42 +1,45 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5307 - To designate the facility of the United States Postal Service located -at 115 Nicol Avenue in Thomasville, Alabama, as the ``Postmaster Robert - Ingram Sr. Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - December 5, 2019 - -Ms. Sewell of Alabama introduced the following bill; which was referred - to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT To designate the facility of the United States Postal Service located at 115 Nicol Avenue in Thomasville, Alabama, as the ``Postmaster Robert - Ingram Sr. Post Office''. + Ingram Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, -SECTION 1. POSTMASTER ROBERT INGRAM SR. POST OFFICE. +SECTION 1. POSTMASTER ROBERT INGRAM POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 115 Nicol Avenue in Thomasville, Alabama, shall be known and -designated as the ``Postmaster Robert Ingram Sr. Post Office''. +designated as the ``Postmaster Robert Ingram Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Postmaster -Robert Ingram Sr. Post Office''. - \ No newline at end of file +Robert Ingram Post Office''. + + Passed the House of Representatives September 30, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5307 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 115 Nicol Avenue in Thomasville, Alabama, as the ``Postmaster Robert + Ingram Post Office''. From 00b2aca774674e650f2cd9b3a0d51f0e141d1ce6 Mon Sep 17 00:00:00 2001 From: "Rep. Sewell, Terri A. [D-AL-7]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 502/984] House-5307: Enrolled --- bills_text/House-5307.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5307.txt b/bills_text/House-5307.txt index ac1cef6..71527a1 100644 --- a/bills_text/House-5307.txt +++ b/bills_text/House-5307.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5307 + H.R.5307 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 115 Nicol Avenue in Thomasville, Alabama, as the ``Postmaster Robert - Ingram Post Office''. +To designate the facility of the United States Postal Service located at + 115 Nicol Avenue in Thomasville, Alabama, as the ``Postmaster Robert + Ingram Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. POSTMASTER ROBERT INGRAM POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 115 Nicol Avenue in Thomasville, Alabama, shall be known and designated as the ``Postmaster Robert Ingram Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Postmaster Robert Ingram Post Office''. - Passed the House of Representatives September 30, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5307 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 115 Nicol Avenue in Thomasville, Alabama, as the ``Postmaster Robert - Ingram Post Office''. + Vice President of the United States and + President of the Senate. From 1668b408e4c2d18258174b5ee7c7c9775c7b904d Mon Sep 17 00:00:00 2001 From: "Rep. Fletcher, Lizzie [D-TX-7]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 503/984] House-5317: Introduced to House --- bills_text/House-5317.txt | 43 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 43 insertions(+) create mode 100644 bills_text/House-5317.txt diff --git a/bills_text/House-5317.txt b/bills_text/House-5317.txt new file mode 100644 index 0000000..b270ed1 --- /dev/null +++ b/bills_text/House-5317.txt @@ -0,0 +1,43 @@ +116th CONGRESS + 1st Session + H. R. 5317 + + To designate the facility of the United States Postal Service located + at 315 Addicks Howell Road in Houston, Texas, as the ``Deputy Sandeep + Singh Dhaliwal Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 5, 2019 + +Mrs. Fletcher introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 315 Addicks Howell Road in Houston, Texas, as the ``Deputy Sandeep + Singh Dhaliwal Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DEPUTY SANDEEP SINGH DHALIWAL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 315 Addicks Howell Road in Houston, Texas, shall be known +and designated as the ``Deputy Sandeep Singh Dhaliwal Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Deputy +Sandeep Singh Dhaliwal Post Office Building''. + \ No newline at end of file From 6330e124d36e1d23dbf631d117c4671cad4271a8 Mon Sep 17 00:00:00 2001 From: "Rep. Fletcher, Lizzie [D-TX-7]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 504/984] House-5317: Engrossed in House --- bills_text/House-5317.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-5317.txt b/bills_text/House-5317.txt index b270ed1..6515e4f 100644 --- a/bills_text/House-5317.txt +++ b/bills_text/House-5317.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5317 - To designate the facility of the United States Postal Service located - at 315 Addicks Howell Road in Houston, Texas, as the ``Deputy Sandeep - Singh Dhaliwal Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - December 5, 2019 - -Mrs. Fletcher introduced the following bill; which was referred to the - Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -40,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Deputy Sandeep Singh Dhaliwal Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5317 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 315 Addicks Howell Road in Houston, Texas, as the ``Deputy Sandeep + Singh Dhaliwal Post Office Building''. From 655e60b10d6d4c94ed400a802d440d2595604c68 Mon Sep 17 00:00:00 2001 From: "Rep. Fletcher, Lizzie [D-TX-7]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 505/984] House-5317: Enrolled --- bills_text/House-5317.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5317.txt b/bills_text/House-5317.txt index 6515e4f..aa62840 100644 --- a/bills_text/House-5317.txt +++ b/bills_text/House-5317.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5317 + H.R.5317 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 315 Addicks Howell Road in Houston, Texas, as the ``Deputy Sandeep - Singh Dhaliwal Post Office Building''. +To designate the facility of the United States Postal Service located at +315 Addicks Howell Road in Houston, Texas, as the ``Deputy Sandeep Singh + Dhaliwal Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DEPUTY SANDEEP SINGH DHALIWAL POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 315 Addicks Howell Road in Houston, Texas, shall be known and designated as the ``Deputy Sandeep Singh Dhaliwal Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Deputy Sandeep Singh Dhaliwal Post Office Building''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5317 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 315 Addicks Howell Road in Houston, Texas, as the ``Deputy Sandeep - Singh Dhaliwal Post Office Building''. + Vice President of the United States and + President of the Senate. From 17652a8bb9c140360eb0e8696e340fd293d1a332 Mon Sep 17 00:00:00 2001 From: "Rep. Adams, Alma S. [D-NC-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 506/984] House-5363: Introduced to House --- bills_text/House-5363.txt | 54 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 54 insertions(+) create mode 100644 bills_text/House-5363.txt diff --git a/bills_text/House-5363.txt b/bills_text/House-5363.txt new file mode 100644 index 0000000..ce515d9 --- /dev/null +++ b/bills_text/House-5363.txt @@ -0,0 +1,54 @@ +116th CONGRESS + 1st Session + H. R. 5363 + + To reauthorize mandatory funding programs for historically Black +colleges and universities and other minority-serving institutions, and + for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 9, 2019 + + Ms. Adams introduced the following bill; which was referred to the + Committee on Education and Labor + +_______________________________________________________________________ + + A BILL + + + + To reauthorize mandatory funding programs for historically Black +colleges and universities and other minority-serving institutions, and + for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; REFERENCES. + + This Act may be cited as the ``Fostering Undergraduate Talent by +Unlocking Resources for Education Act'' or the ``FUTURE Act''. + +SEC. 2. CONTINUED SUPPORT FOR MINORITY-SERVING INSTITUTIONS. + + Section 371(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. +1067q(b)(1)(A)) is amended by striking ``for each of the fiscal years +2008 through 2019.'' and all that follows through the end of the +subparagraph and inserting ``for fiscal year 2020 and each fiscal year +thereafter.''. + +SEC. 3. INCREASED FUNDING FOR FEDERAL PELL GRANTS. + + Section 401(b)(7)(A)(iv) of the Higher Education Act of 1965 (20 +U.S.C. 1070a(b)(7)(A)(iv)) is amended-- + (1) in subclause (X), by striking ``$1,430,000,000'' and + inserting ``$1,455,000,000''; and + (2) in subclause (XI), by striking ``$1,145,000,000'' and + inserting ``$1,170,000,000''. + \ No newline at end of file From 1760edd7dc2d169c78510329f0bbafaa466d778a Mon Sep 17 00:00:00 2001 From: "Rep. Adams, Alma S. [D-NC-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 507/984] House-5363: Engrossed in House --- bills_text/House-5363.txt | 476 ++++++++++++++++++++++++++++++++++++-- 1 file changed, 458 insertions(+), 18 deletions(-) diff --git a/bills_text/House-5363.txt b/bills_text/House-5363.txt index ce515d9..3501517 100644 --- a/bills_text/House-5363.txt +++ b/bills_text/House-5363.txt @@ -2,24 +2,9 @@ 1st Session H. R. 5363 - To reauthorize mandatory funding programs for historically Black -colleges and universities and other minority-serving institutions, and - for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - December 9, 2019 - - Ms. Adams introduced the following bill; which was referred to the - Committee on Education and Labor - -_______________________________________________________________________ - - A BILL + AN ACT @@ -43,7 +28,413 @@ SEC. 2. CONTINUED SUPPORT FOR MINORITY-SERVING INSTITUTIONS. subparagraph and inserting ``for fiscal year 2020 and each fiscal year thereafter.''. -SEC. 3. INCREASED FUNDING FOR FEDERAL PELL GRANTS. +SEC. 3. SECURE DISCLOSURE OF TAX-RETURN INFORMATION TO CARRY OUT THE + HIGHER EDUCATION ACT OF 1965. + + (a) In General.--Paragraph (13) of section 6103(l) of the Internal +Revenue Code of 1986 is amended to read as follows: + ``(13) Disclosure of return information to carry out the + higher education act of 1965.-- + ``(A) Applications and recertifications for income- + contingent or income-based repayment.--The Secretary + shall, upon written request from the Secretary of + Education, disclose to any authorized person, only for + the purpose of (and to the extent necessary in) + determining eligibility for, or repayment obligations + under, income-contingent or income-based repayment + plans under title IV of the Higher Education Act of + 1965 with respect to loans under part D of such title, + the following return information from returns (for any + taxable year specified by the Secretary of Education as + relevant to such purpose) of an individual certified by + the Secretary of Education as having provided approval + under section 494(a)(2) of such Act (as in effect on + the date of enactment of this paragraph) for such + disclosure: + ``(i) Taxpayer identity information. + ``(ii) Filing status. + ``(iii) Adjusted gross income. + ``(iv) Total number of exemptions claimed, + if applicable. + ``(v) Number of dependents taken into + account in determining the credit allowed under + section 24. + ``(vi) If applicable, the fact that there + was no return filed. + ``(B) Discharge of loan based on total and + permanent disability.--The Secretary shall, upon + written request from the Secretary of Education, + disclose to any authorized person, only for the purpose + of (and to the extent necessary in) monitoring and + reinstating loans under title IV of the Higher + Education Act of 1965 that were discharged based on a + total and permanent disability (within the meaning of + section 437(a) of such Act), the following return + information from returns (for any taxable year + specified by the Secretary of Education as relevant to + such purpose) of an individual certified by the + Secretary of Education as having provided approval + under section 494(a)(3) of such Act (as in effect on + the date of enactment of this paragraph) for such + disclosure: + ``(i) The return information described in + clauses (i), (ii), and (vi) of subparagraph + (A). + ``(ii) The return information described in + subparagraph (C)(ii). + ``(C) Federal student financial aid.--The Secretary + shall, upon written request from the Secretary of + Education, disclose to any authorized person, only for + the purpose of (and to the extent necessary in) + determining eligibility for, and amount of, Federal + student financial aid under a program authorized under + subpart 1 of part A, part C, or part D of title IV of + the Higher Education Act of 1965 the following return + information from returns (for the taxable year used for + purposes of section 480(a) of such Act) of an + individual certified by the Secretary of Education as + having provided approval under section 494(a)(1) of + such Act (as in effect on the date of enactment of this + paragraph) for such disclosure: + ``(i) Return information described in + clauses (i) through (vi) of subparagraph (A). + ``(ii) The amount of any net earnings from + self-employment (as defined in section + 1402(a)), wages (as defined in section 3121(a) + or 3401(a)), and taxable income from a farming + business (as defined in section 236A(e)(4)). + ``(iii) Amount of total income tax. + ``(iv) Amount of any credit allowed under + section 25A. + ``(v) Amount of individual retirement + account distributions not included in adjusted + gross income. + ``(vi) Amount of individual retirement + account contributions and payments to self- + employed SEP, Keogh, and other qualified plans + which were deducted from income. + ``(vii) Amount of tax-exempt interest + received. + ``(viii) Amounts from retirement pensions + and annuities not included in adjusted gross + income. + ``(ix) If applicable, the fact that any of + the following schedules (or equivalent + successor schedules) were filed with the + return: + ``(I) Schedule A. + ``(II) Schedule B. + ``(III) Schedule D. + ``(IV) Schedule E. + ``(V) Schedule F. + ``(VI) Schedule H. + ``(x) If applicable, the amount reported on + Schedule C (or an equivalent successor + schedule) as net profit or loss. + ``(D) Additional uses of disclosed information.-- + ``(i) In general.--In addition to the + purposes for which information is disclosed + under subparagraphs (A), (B), and (C), return + information so disclosed may be used by an + authorized person, with respect to income- + contingent or income-based repayment plans, + awards of Federal student financial aid under a + program authorized under subpart 1 of part A, + part C, or part D of title IV of the Higher + Education Act of 1965, and discharges of loans + based on a total and permanent disability + (within the meaning of section 437(a) of such + Act), for purposes of-- + ``(I) reducing the net cost of + improper payments under such plans, + relating to such awards, or relating to + such discharges, + ``(II) oversight activities by the + Office of Inspector General of the + Department of Education as authorized + by the Inspector General Act of 1978, + and + ``(III) conducting analyses and + forecasts for estimating costs related + to such plans, awards, or discharges. + ``(ii) Limitation.--The purposes described + in clause (i) shall not include the conduct of + criminal investigations or prosecutions. + ``(iii) Redisclosure to institutions of + higher education, state higher education + agencies, and designated scholarship + organizations.--Authorized persons may + redisclose return information received under + subparagraph (C), solely for the use in the + application, award, and administration of + financial aid awarded by the Federal government + or awarded by a person described in subclause + (I), (II), or (III), to the following persons: + ``(I) An institution of higher + education participating in a program + under subpart 1 of part A, part C, or + part D of title IV of the Higher + Education Act of 1965. + ``(II) A State higher education + agency. + ``(III) A scholarship organization + which is an entity designated (prior to + the date of the enactment of this + clause) by the Secretary of Education + under section 483(a)(3)(E) of such Act. + This clause shall only apply to the extent that + the taxpayer with respect to whom the return + information relates provides written consent + for such redisclosure to the Secretary of + Education. + ``(E) Authorized person.--For purposes of this + paragraph, the term `authorized person' means, with + respect to information disclosed under subparagraph + (A), (B), or (C), any person who-- + ``(i) is an officer, employee, or + contractor, of the Department of Education, and + ``(ii) is specifically authorized and + designated by the Secretary of Education for + purposes of such subparagraph (applied + separately with respect to each such + subparagraph). + ``(F) Joint returns.--In the case of a joint + return, any disclosure authorized under subparagraph + (A), (B), or (C) with respect to an individual shall be + treated for purposes of this paragraph as applying with + respect to the taxpayer.''. + (b) Confidentiality of Return Information.--Section 6103(a)(3) of +such Code is amended by inserting ``, (13)'' after ``(12)''. + (c) Conforming Amendments.-- + (1) Section 6103(p)(3)(A) of such Code is amended by + striking ``(13)''. + (2) Section 6103(p)(4) of such Code is amended by inserting + ``, (13)'' after ``(l)(10)'' each place it appears. + (d) Effective Date.--The amendments made by this section shall +apply to disclosures after the date of the enactment of this Act. + (e) Requirement To Designate the Inspector General of the +Department of Education as an Authorized Person.--The Secretary of +Education shall authorize and designate the Inspector General of the +Department of Education as an authorized person under subparagraph +(E)(ii) of section 6103(l)(13) of the Internal Revenue Code of 1986 for +purposes of subparagraphs (A), (B), and (C) of such section. + (f) Report to Treasury.--The Secretary of Education shall annually +submit a written report to the Secretary of the Treasury-- + (1) regarding redisclosures of return information under + subparagraph (D)(iii) of section 6103(l)(13) of the Internal + Revenue Code of 1986, including the number of such + redisclosures; and + (2) regarding any unauthorized use, access, or disclosure + of return information disclosed under such section. + (g) Report to Congress.--The Secretary of the Treasury (or the +Secretary's designee) shall annually submit a written report to +Congress regarding disclosures under section 6103(l)(13) of the +Internal Revenue Code of 1986, including information provided to the +Secretary under subsection (f). + +SEC. 4. AUTOMATIC RECERTIFICATION OF INCOME. + + (a) Income-Contingent Repayment.-- + (1) In general.--Section 455(e) of the Higher Education Act + of 1965 (20 U.S.C. 1087e(e)) is amended by adding at the end + the following: + ``(8) Automatic recertification.-- + ``(A) In general.--The Secretary shall establish + and implement, with respect to any borrower described + in subparagraph (B), procedures to-- + ``(i) use return information disclosed + under section 6103(l)(13) of the Internal + Revenue Code of 1986, pursuant to approval + provided under section 494, to determine the + repayment obligation of the borrower without + further action by the borrower; + ``(ii) allow the borrower (or the spouse of + the borrower), at any time, to opt out of + disclosure under such section 6103(l)(13) and + instead provide such information as the + Secretary may require to determine the + repayment obligation of the borrower (or + withdraw from the repayment plan under this + subsection); and + ``(iii) provide the borrower with an + opportunity to update the return information so + disclosed before the determination of the + repayment obligation of the borrower. + ``(B) Applicability.--Subparagraph (A) shall apply + to each borrower of a loan made under this part who, on + or after the date on which the Secretary establishes + procedures under such subparagraph-- + ``(i) selects, or is required to repay such + loan pursuant to, an income-contingent + repayment plan; or + ``(ii) recertifies income or family size + under such plan.''. + (2) Conforming amendment.--Section 455(e)(6) of the Higher + Education Act of 1965 (20 U.S.C. 1087e(e)(6)) is amended-- + (A) by striking ``including notification of such + borrower'' and all that follows through ``that if a + borrower'' and inserting ``including notification of + such borrower, that if a borrower''; and + (B) by striking ``as determined using the + information described in subparagraph (A), or the + alternative documentation described in paragraph (3)''. + (b) Income-Based Repayment.--Section 493C(c) of the Higher +Education Act of 1965 (20 U.S.C. 1098e(c)) is amended-- + (1) by striking ``The Secretary shall establish'' and + inserting the following: + ``(1) In general.--The Secretary shall establish''; and + (2) by striking ``The Secretary shall consider'' and + inserting the following: + ``(2) Procedures for eligibility.--The Secretary shall-- + ``(A) consider''; + (3) by striking ``428C(b)(1)(E).'' and inserting the + following: ``428C(b)(1)(E); and + ``(B) carry out, with respect to borrowers of any + loan made under part D (other than an excepted PLUS + loan or excepted consolidation loan), procedures for + income-based repayment plans that are equivalent to the + procedures carried out under section 455(e)(8) with + respect to income-contingent repayment plans.''. + +SEC. 5. AUTOMATIC INCOME MONITORING PROCEDURES AFTER A TOTAL AND + PERMANENT DISABILITY DISCHARGE. + + Section 437(a) of the Higher Education Act of 1965 (20 U.S.C. +1087(a)) is amended by adding at the end the following: + ``(3) Automatic income monitoring.-- + ``(A) In general.--The Secretary shall establish + and implement, with respect to any borrower described + in subparagraph (B), procedures to-- + ``(i) use return information disclosed + under section 6103(l)(13) of the Internal + Revenue Code of 1986, pursuant to approval + provided under section 494, to determine the + borrower's continued eligibility for the loan + discharge described in subparagraph (B); + ``(ii) allow the borrower, at any time, to + opt out of disclosure under such section + 6103(l)(13) and instead provide such + information as the Secretary may require to + determine the borrower's continued eligibility + for such loan discharge; and + ``(iii) provide the borrower with an + opportunity to update the return information so + disclosed before determination of such + borrower's continued eligibility for such loan + discharge. + ``(B) Applicability.--Subparagraph (A) shall + apply-- + ``(i) to each borrower of a loan that is + discharged due to the total and permanent + disability (within the meaning of this + subsection) of the borrower; and + ``(ii) during the period beginning on the + date on which such loan is so discharged and + ending on the first day on which such loan may + no longer be reinstated.''. + +SEC. 6. PROCEDURE AND REQUIREMENTS FOR REQUESTING TAX RETURN + INFORMATION FROM THE INTERNAL REVENUE SERVICE. + + (a) In General.--Part G of title IV of the Higher Education Act of +1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the +following: + +``SEC. 494. PROCEDURE AND REQUIREMENTS FOR REQUESTING TAX RETURN + INFORMATION FROM THE INTERNAL REVENUE SERVICE. + + ``(a) Notification and Approval Requirements.-- + ``(1) Federal student financial aid.--In the case of any + written or electronic application under section 483 by an + individual for Federal student financial aid under a program + authorized under subpart 1 of part A, part C, or part D, the + Secretary, with respect to such individual and any parent or + spouse whose financial information is required to be provided + on such application, shall-- + ``(A) notify such individuals that-- + ``(i) if such individuals provide approval + under subparagraph (B), the Secretary will have + the authority to request that the Secretary of + the Treasury disclose return information of + such individuals to authorized persons (as + defined in section 6103(l)(13) of the Internal + Revenue Code of 1986) for the relevant purposes + described in such section; and + ``(ii) the failure to provide such approval + for such disclosure will result in the + Secretary being unable to calculate eligibility + for such aid to such individual; and + ``(B) require, as a condition of eligibility for + such aid, that such individuals affirmatively approve + the disclosure described in subparagraph (A)(i). + ``(2) Income-contingent and income-based repayment.-- + ``(A) New applicants.--In the case of any written + or electronic application by an individual for an + income-contingent or income-based repayment plan for a + loan under part D, the Secretary, with respect to such + individual and any spouse of such individual, shall-- + ``(i) provide to such individuals the + notification described in paragraph (1)(A)(i); + ``(ii) require, as a condition of + eligibility for such repayment plan, that such + individuals-- + ``(I) affirmatively approve the + disclosure described in paragraph + (1)(A)(i) and agree that such approval + shall serve as an ongoing approval of + such disclosure until the date on which + the individual elects to opt out of + such disclosure under section 455(e)(8) + or the equivalent procedures + established under section + 493C(c)(2)(B), as applicable; or + ``(II) provide such information as + the Secretary may require to confirm + the eligibility of such individual for + such repayment plan. + ``(B) Recertifications.--With respect to the first + written or electronic recertification (after the date + of the enactment of the FUTURE Act) of an individual's + income or family size for purposes of an income- + contingent or income-based repayment plan (entered into + before the date of the enactment of the FUTURE Act) for + a loan under part D, the Secretary, with respect to + such individual and any spouse of such individual, + shall meet the requirements of clauses (i) and (ii) of + subparagraph (A) with respect to such recertification. + ``(3) Total and permanent disability.--In the case of any + written or electronic application by an individual for a + discharge of a loan under this title based on total and + permanent disability (within the meaning of section 437(a)) + that requires income monitoring, the Secretary shall-- + ``(A) provide to such individual the notification + described in paragraph (1)(A)(i); and + ``(B) require, as a condition of eligibility for + such discharge, that such individual-- + ``(i) affirmatively approve the disclosure + described in paragraph (1)(A)(i) and agree that + such approval shall serve as an ongoing + approval of such disclosure until the earlier + of-- + ``(I) the date on which the + individual elects to opt out of such + disclosure under section 437(a)(3)(A); + or + ``(II) the first day on which such + loan may no longer be reinstated; or + ``(ii) provide such information as the + Secretary may require to confirm the + eligibility of such individual for such + discharge. + ``(b) Limit on Authority.--The Secretary shall only have authority +to request that the Secretary of the Treasury disclose return +information under section 6103(l)(13) of the Internal Revenue Code of +1986 with respect to an individual if the Secretary of Education has +obtained approval under subsection (a) for such disclosure.''. + (b) Conforming Amendment.--Section 484(q) of the Higher Education +Act of 1965 (20 U.S.C. 1091(q)) is repealed. + +SEC. 7. INCREASED FUNDING FOR FEDERAL PELL GRANTS. Section 401(b)(7)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended-- @@ -51,4 +442,53 @@ U.S.C. 1070a(b)(7)(A)(iv)) is amended-- inserting ``$1,455,000,000''; and (2) in subclause (XI), by striking ``$1,145,000,000'' and inserting ``$1,170,000,000''. - \ No newline at end of file + +SEC. 8. REPORTS ON IMPLEMENTATION. + + (a) In General.--Not later than each specified date, the Secretary +of Education and the Secretary of the Treasury shall issue joint +reports to the Committees on Health, Education, Labor, and Pensions and +Finance of the Senate and the Committees on Education and Labor and +Ways and Means of the House of Representatives regarding the amendments +made by this Act. Each such report shall include, as applicable-- + (1) an update on the status of implementation of the + amendments made by this Act; + (2) an evaluation of how such implementation had affected + the processing of applications for Federal student financial + aid, applications for income-based repayment and income- + contingent repayment, and applications for discharge of loans + under title IV of the Higher Education Act of 1965 (20 U.S.C. + 1070 et seq.) based on total and permanent disability; and + (3) implementation issues and suggestions for potential + improvements. + (b) Specified Date.--For purposes of subsection (a), the term +``specified date'' means-- + (1) the date that is 90 days after the date of the + enactment of this Act; + (2) the date that is 120 days after the first day that the + disclosure process established under section 6103(l)(13) of the + Internal Revenue Code of 1986, as amended by section 3(a) of + this Act, is operational and accessible to officers, employees, + and contractors of the Department of Education (as specifically + authorized and designated by the Secretary of Education); and + (3) the date that is 1 year after the report date described + in paragraph (2). + + Passed the House of Representatives December 10, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 5363 + +_______________________________________________________________________ + + AN ACT + + To reauthorize mandatory funding programs for historically Black +colleges and universities and other minority-serving institutions, and + for other purposes. From 2f664abc88545a662455f31cdfc4c7bddd95fdba Mon Sep 17 00:00:00 2001 From: "Rep. Adams, Alma S. [D-NC-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 508/984] House-5363: Received in Senate --- bills_text/House-5363.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-5363.txt b/bills_text/House-5363.txt index 3501517..a6ff945 100644 --- a/bills_text/House-5363.txt +++ b/bills_text/House-5363.txt @@ -2,6 +2,16 @@ 1st Session H. R. 5363 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 10, 2019 + + Received + _______________________________________________________________________ AN ACT @@ -478,17 +488,6 @@ made by this Act. Each such report shall include, as applicable-- Attest: - Clerk. -116th CONGRESS - - 1st Session - - H. R. 5363 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To reauthorize mandatory funding programs for historically Black -colleges and universities and other minority-serving institutions, and - for other purposes. + Clerk. From ca24db4b9b830c0845032ba7a17999ec82e512d9 Mon Sep 17 00:00:00 2001 From: "Rep. Adams, Alma S. [D-NC-12]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 509/984] House-5363: Enrolled --- bills_text/House-5363.txt | 771 +++++++++++++++++--------------------- 1 file changed, 353 insertions(+), 418 deletions(-) diff --git a/bills_text/House-5363.txt b/bills_text/House-5363.txt index a6ff945..5d79c8f 100644 --- a/bills_text/House-5363.txt +++ b/bills_text/House-5363.txt @@ -1,225 +1,193 @@ -116th CONGRESS - 1st Session - H. R. 5363 + H.R.5363 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 10, 2019 + AT THE FIRST SESSION - Received + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen -_______________________________________________________________________ - AN ACT + An Act - To reauthorize mandatory funding programs for historically Black -colleges and universities and other minority-serving institutions, and - for other purposes. + To reauthorize mandatory funding programs for historically Black + colleges and universities and other minority-serving institutions, and + for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; REFERENCES. - This Act may be cited as the ``Fostering Undergraduate Talent by Unlocking Resources for Education Act'' or the ``FUTURE Act''. - SEC. 2. CONTINUED SUPPORT FOR MINORITY-SERVING INSTITUTIONS. - Section 371(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1067q(b)(1)(A)) is amended by striking ``for each of the fiscal years 2008 through 2019.'' and all that follows through the end of the subparagraph and inserting ``for fiscal year 2020 and each fiscal year thereafter.''. - SEC. 3. SECURE DISCLOSURE OF TAX-RETURN INFORMATION TO CARRY OUT THE - HIGHER EDUCATION ACT OF 1965. - +HIGHER EDUCATION ACT OF 1965. (a) In General.--Paragraph (13) of section 6103(l) of the Internal Revenue Code of 1986 is amended to read as follows: - ``(13) Disclosure of return information to carry out the - higher education act of 1965.-- - ``(A) Applications and recertifications for income- - contingent or income-based repayment.--The Secretary - shall, upon written request from the Secretary of - Education, disclose to any authorized person, only for - the purpose of (and to the extent necessary in) - determining eligibility for, or repayment obligations - under, income-contingent or income-based repayment - plans under title IV of the Higher Education Act of - 1965 with respect to loans under part D of such title, - the following return information from returns (for any - taxable year specified by the Secretary of Education as - relevant to such purpose) of an individual certified by - the Secretary of Education as having provided approval - under section 494(a)(2) of such Act (as in effect on - the date of enactment of this paragraph) for such - disclosure: - ``(i) Taxpayer identity information. - ``(ii) Filing status. - ``(iii) Adjusted gross income. - ``(iv) Total number of exemptions claimed, - if applicable. - ``(v) Number of dependents taken into - account in determining the credit allowed under - section 24. - ``(vi) If applicable, the fact that there - was no return filed. - ``(B) Discharge of loan based on total and - permanent disability.--The Secretary shall, upon - written request from the Secretary of Education, - disclose to any authorized person, only for the purpose - of (and to the extent necessary in) monitoring and - reinstating loans under title IV of the Higher - Education Act of 1965 that were discharged based on a - total and permanent disability (within the meaning of - section 437(a) of such Act), the following return - information from returns (for any taxable year - specified by the Secretary of Education as relevant to - such purpose) of an individual certified by the - Secretary of Education as having provided approval - under section 494(a)(3) of such Act (as in effect on - the date of enactment of this paragraph) for such - disclosure: - ``(i) The return information described in - clauses (i), (ii), and (vi) of subparagraph - (A). - ``(ii) The return information described in - subparagraph (C)(ii). - ``(C) Federal student financial aid.--The Secretary - shall, upon written request from the Secretary of - Education, disclose to any authorized person, only for - the purpose of (and to the extent necessary in) - determining eligibility for, and amount of, Federal - student financial aid under a program authorized under - subpart 1 of part A, part C, or part D of title IV of - the Higher Education Act of 1965 the following return - information from returns (for the taxable year used for - purposes of section 480(a) of such Act) of an - individual certified by the Secretary of Education as - having provided approval under section 494(a)(1) of - such Act (as in effect on the date of enactment of this - paragraph) for such disclosure: - ``(i) Return information described in - clauses (i) through (vi) of subparagraph (A). - ``(ii) The amount of any net earnings from - self-employment (as defined in section - 1402(a)), wages (as defined in section 3121(a) - or 3401(a)), and taxable income from a farming - business (as defined in section 236A(e)(4)). - ``(iii) Amount of total income tax. - ``(iv) Amount of any credit allowed under - section 25A. - ``(v) Amount of individual retirement - account distributions not included in adjusted - gross income. - ``(vi) Amount of individual retirement - account contributions and payments to self- - employed SEP, Keogh, and other qualified plans - which were deducted from income. - ``(vii) Amount of tax-exempt interest - received. - ``(viii) Amounts from retirement pensions - and annuities not included in adjusted gross - income. - ``(ix) If applicable, the fact that any of - the following schedules (or equivalent - successor schedules) were filed with the - return: - ``(I) Schedule A. - ``(II) Schedule B. - ``(III) Schedule D. - ``(IV) Schedule E. - ``(V) Schedule F. - ``(VI) Schedule H. - ``(x) If applicable, the amount reported on - Schedule C (or an equivalent successor - schedule) as net profit or loss. - ``(D) Additional uses of disclosed information.-- - ``(i) In general.--In addition to the - purposes for which information is disclosed - under subparagraphs (A), (B), and (C), return - information so disclosed may be used by an - authorized person, with respect to income- - contingent or income-based repayment plans, - awards of Federal student financial aid under a - program authorized under subpart 1 of part A, - part C, or part D of title IV of the Higher - Education Act of 1965, and discharges of loans - based on a total and permanent disability - (within the meaning of section 437(a) of such - Act), for purposes of-- - ``(I) reducing the net cost of - improper payments under such plans, - relating to such awards, or relating to - such discharges, - ``(II) oversight activities by the - Office of Inspector General of the - Department of Education as authorized - by the Inspector General Act of 1978, - and - ``(III) conducting analyses and - forecasts for estimating costs related - to such plans, awards, or discharges. - ``(ii) Limitation.--The purposes described - in clause (i) shall not include the conduct of - criminal investigations or prosecutions. - ``(iii) Redisclosure to institutions of - higher education, state higher education - agencies, and designated scholarship - organizations.--Authorized persons may - redisclose return information received under - subparagraph (C), solely for the use in the - application, award, and administration of - financial aid awarded by the Federal government - or awarded by a person described in subclause - (I), (II), or (III), to the following persons: - ``(I) An institution of higher - education participating in a program - under subpart 1 of part A, part C, or - part D of title IV of the Higher - Education Act of 1965. - ``(II) A State higher education - agency. - ``(III) A scholarship organization - which is an entity designated (prior to - the date of the enactment of this - clause) by the Secretary of Education - under section 483(a)(3)(E) of such Act. - This clause shall only apply to the extent that - the taxpayer with respect to whom the return - information relates provides written consent - for such redisclosure to the Secretary of - Education. - ``(E) Authorized person.--For purposes of this - paragraph, the term `authorized person' means, with - respect to information disclosed under subparagraph - (A), (B), or (C), any person who-- - ``(i) is an officer, employee, or - contractor, of the Department of Education, and - ``(ii) is specifically authorized and - designated by the Secretary of Education for - purposes of such subparagraph (applied - separately with respect to each such - subparagraph). - ``(F) Joint returns.--In the case of a joint - return, any disclosure authorized under subparagraph - (A), (B), or (C) with respect to an individual shall be - treated for purposes of this paragraph as applying with - respect to the taxpayer.''. + ``(13) Disclosure of return information to carry out the higher + education act of 1965.-- + ``(A) Applications and recertifications for income- + contingent or income-based repayment.--The Secretary shall, + upon written request from the Secretary of Education, disclose + to any authorized person, only for the purpose of (and to the + extent necessary in) determining eligibility for, or repayment + obligations under, income-contingent or income-based repayment + plans under title IV of the Higher Education Act of 1965 with + respect to loans under part D of such title, the following + return information from returns (for any taxable year specified + by the Secretary of Education as relevant to such purpose) of + an individual certified by the Secretary of Education as having + provided approval under section 494(a)(2) of such Act (as in + effect on the date of enactment of this paragraph) for such + disclosure: + ``(i) Taxpayer identity information. + ``(ii) Filing status. + ``(iii) Adjusted gross income. + ``(iv) Total number of exemptions claimed, if + applicable. + ``(v) Number of dependents taken into account in + determining the credit allowed under section 24. + ``(vi) If applicable, the fact that there was no return + filed. + ``(B) Discharge of loan based on total and permanent + disability.--The Secretary shall, upon written request from the + Secretary of Education, disclose to any authorized person, only + for the purpose of (and to the extent necessary in) monitoring + and reinstating loans under title IV of the Higher Education + Act of 1965 that were discharged based on a total and permanent + disability (within the meaning of section 437(a) of such Act), + the following return information from returns (for any taxable + year specified by the Secretary of Education as relevant to + such purpose) of an individual certified by the Secretary of + Education as having provided approval under section 494(a)(3) + of such Act (as in effect on the date of enactment of this + paragraph) for such disclosure: + ``(i) The return information described in clauses (i), + (ii), and (vi) of subparagraph (A). + ``(ii) The return information described in subparagraph + (C)(ii). + ``(C) Federal student financial aid.--The Secretary shall, + upon written request from the Secretary of Education, disclose + to any authorized person, only for the purpose of (and to the + extent necessary in) determining eligibility for, and amount + of, Federal student financial aid under a program authorized + under subpart 1 of part A, part C, or part D of title IV of the + Higher Education Act of 1965 the following return information + from returns (for the taxable year used for purposes of section + 480(a) of such Act) of an individual certified by the Secretary + of Education as having provided approval under section + 494(a)(1) of such Act (as in effect on the date of enactment of + this paragraph) for such disclosure: + ``(i) Return information described in clauses (i) + through (vi) of subparagraph (A). + ``(ii) The amount of any net earnings from self- + employment (as defined in section 1402(a)), wages (as + defined in section 3121(a) or 3401(a)), and taxable income + from a farming business (as defined in section 236A(e)(4)). + ``(iii) Amount of total income tax. + ``(iv) Amount of any credit allowed under section 25A. + ``(v) Amount of individual retirement account + distributions not included in adjusted gross income. + ``(vi) Amount of individual retirement account + contributions and payments to self-employed SEP, Keogh, and + other qualified plans which were deducted from income. + ``(vii) Amount of tax-exempt interest received. + ``(viii) Amounts from retirement pensions and annuities + not included in adjusted gross income. + ``(ix) If applicable, the fact that any of the + following schedules (or equivalent successor schedules) + were filed with the return: + + ``(I) Schedule A. + ``(II) Schedule B. + ``(III) Schedule D. + ``(IV) Schedule E. + ``(V) Schedule F. + ``(VI) Schedule H. + + ``(x) If applicable, the amount reported on Schedule C + (or an equivalent successor schedule) as net profit or + loss. + ``(D) Additional uses of disclosed information.-- + ``(i) In general.--In addition to the purposes for + which information is disclosed under subparagraphs (A), + (B), and (C), return information so disclosed may be used + by an authorized person, with respect to income-contingent + or income-based repayment plans, awards of Federal student + financial aid under a program authorized under subpart 1 of + part A, part C, or part D of title IV of the Higher + Education Act of 1965, and discharges of loans based on a + total and permanent disability (within the meaning of + section 437(a) of such Act), for purposes of-- + + ``(I) reducing the net cost of improper payments + under such plans, relating to such awards, or relating + to such discharges, + ``(II) oversight activities by the Office of + Inspector General of the Department of Education as + authorized by the Inspector General Act of 1978, and + ``(III) conducting analyses and forecasts for + estimating costs related to such plans, awards, or + discharges. + + ``(ii) Limitation.--The purposes described in clause + (i) shall not include the conduct of criminal + investigations or prosecutions. + ``(iii) Redisclosure to institutions of higher + education, state higher education agencies, and designated + scholarship organizations.--Authorized persons may + redisclose return information received under subparagraph + (C), solely for the use in the application, award, and + administration of financial aid awarded by the Federal + government or awarded by a person described in subclause + (I), (II), or (III), to the following persons: + + ``(I) An institution of higher education + participating in a program under subpart 1 of part A, + part C, or part D of title IV of the Higher Education + Act of 1965. + ``(II) A State higher education agency. + ``(III) A scholarship organization which is an + entity designated (prior to the date of the enactment + of this clause) by the Secretary of Education under + section 483(a)(3)(E) of such Act. + + This clause shall only apply to the extent that the + taxpayer with respect to whom the return information + relates provides written consent for such redisclosure to + the Secretary of Education. + ``(E) Authorized person.--For purposes of this paragraph, + the term `authorized person' means, with respect to information + disclosed under subparagraph (A), (B), or (C), any person who-- + ``(i) is an officer, employee, or contractor, of the + Department of Education, and + ``(ii) is specifically authorized and designated by the + Secretary of Education for purposes of such subparagraph + (applied separately with respect to each such + subparagraph). + ``(F) Joint returns.--In the case of a joint return, any + disclosure authorized under subparagraph (A), (B), or (C) with + respect to an individual shall be treated for purposes of this + paragraph as applying with respect to the taxpayer.''. (b) Confidentiality of Return Information.--Section 6103(a)(3) of such Code is amended by inserting ``, (13)'' after ``(12)''. (c) Conforming Amendments.-- - (1) Section 6103(p)(3)(A) of such Code is amended by - striking ``(13)''. - (2) Section 6103(p)(4) of such Code is amended by inserting - ``, (13)'' after ``(l)(10)'' each place it appears. + (1) Section 6103(p)(3)(A) of such Code is amended by striking + ``(13)''. + (2) Section 6103(p)(4) of such Code is amended by inserting ``, + (13)'' after ``(l)(10)'' each place it appears. (d) Effective Date.--The amendments made by this section shall apply to disclosures after the date of the enactment of this Act. (e) Requirement To Designate the Inspector General of the @@ -230,212 +198,186 @@ Department of Education as an authorized person under subparagraph purposes of subparagraphs (A), (B), and (C) of such section. (f) Report to Treasury.--The Secretary of Education shall annually submit a written report to the Secretary of the Treasury-- - (1) regarding redisclosures of return information under - subparagraph (D)(iii) of section 6103(l)(13) of the Internal - Revenue Code of 1986, including the number of such - redisclosures; and - (2) regarding any unauthorized use, access, or disclosure - of return information disclosed under such section. + (1) regarding redisclosures of return information under + subparagraph (D)(iii) of section 6103(l)(13) of the Internal + Revenue Code of 1986, including the number of such redisclosures; + and + (2) regarding any unauthorized use, access, or disclosure of + return information disclosed under such section. (g) Report to Congress.--The Secretary of the Treasury (or the Secretary's designee) shall annually submit a written report to Congress regarding disclosures under section 6103(l)(13) of the Internal Revenue Code of 1986, including information provided to the Secretary under subsection (f). - SEC. 4. AUTOMATIC RECERTIFICATION OF INCOME. - (a) Income-Contingent Repayment.-- - (1) In general.--Section 455(e) of the Higher Education Act - of 1965 (20 U.S.C. 1087e(e)) is amended by adding at the end - the following: - ``(8) Automatic recertification.-- - ``(A) In general.--The Secretary shall establish - and implement, with respect to any borrower described - in subparagraph (B), procedures to-- - ``(i) use return information disclosed - under section 6103(l)(13) of the Internal - Revenue Code of 1986, pursuant to approval - provided under section 494, to determine the - repayment obligation of the borrower without - further action by the borrower; - ``(ii) allow the borrower (or the spouse of - the borrower), at any time, to opt out of - disclosure under such section 6103(l)(13) and - instead provide such information as the - Secretary may require to determine the - repayment obligation of the borrower (or - withdraw from the repayment plan under this - subsection); and - ``(iii) provide the borrower with an - opportunity to update the return information so - disclosed before the determination of the - repayment obligation of the borrower. - ``(B) Applicability.--Subparagraph (A) shall apply - to each borrower of a loan made under this part who, on - or after the date on which the Secretary establishes - procedures under such subparagraph-- - ``(i) selects, or is required to repay such - loan pursuant to, an income-contingent - repayment plan; or - ``(ii) recertifies income or family size - under such plan.''. - (2) Conforming amendment.--Section 455(e)(6) of the Higher - Education Act of 1965 (20 U.S.C. 1087e(e)(6)) is amended-- - (A) by striking ``including notification of such - borrower'' and all that follows through ``that if a - borrower'' and inserting ``including notification of - such borrower, that if a borrower''; and - (B) by striking ``as determined using the - information described in subparagraph (A), or the - alternative documentation described in paragraph (3)''. + (1) In general.--Section 455(e) of the Higher Education Act of + 1965 (20 U.S.C. 1087e(e)) is amended by adding at the end the + following: + ``(8) Automatic recertification.-- + ``(A) In general.--The Secretary shall establish and + implement, with respect to any borrower described in + subparagraph (B), procedures to-- + ``(i) use return information disclosed under section + 6103(l)(13) of the Internal Revenue Code of 1986, pursuant + to approval provided under section 494, to determine the + repayment obligation of the borrower without further action + by the borrower; + ``(ii) allow the borrower (or the spouse of the + borrower), at any time, to opt out of disclosure under such + section 6103(l)(13) and instead provide such information as + the Secretary may require to determine the repayment + obligation of the borrower (or withdraw from the repayment + plan under this subsection); and + ``(iii) provide the borrower with an opportunity to + update the return information so disclosed before the + determination of the repayment obligation of the borrower. + ``(B) Applicability.--Subparagraph (A) shall apply to each + borrower of a loan made under this part who, on or after the + date on which the Secretary establishes procedures under such + subparagraph-- + ``(i) selects, or is required to repay such loan + pursuant to, an income-contingent repayment plan; or + ``(ii) recertifies income or family size under such + plan.''. + (2) Conforming amendment.--Section 455(e)(6) of the Higher + Education Act of 1965 (20 U.S.C. 1087e(e)(6)) is amended-- + (A) by striking ``including notification of such borrower'' + and all that follows through ``that if a borrower'' and + inserting ``including notification of such borrower, that if a + borrower''; and + (B) by striking ``as determined using the information + described in subparagraph (A), or the alternative documentation + described in paragraph (3)''. (b) Income-Based Repayment.--Section 493C(c) of the Higher Education Act of 1965 (20 U.S.C. 1098e(c)) is amended-- - (1) by striking ``The Secretary shall establish'' and - inserting the following: - ``(1) In general.--The Secretary shall establish''; and - (2) by striking ``The Secretary shall consider'' and - inserting the following: - ``(2) Procedures for eligibility.--The Secretary shall-- - ``(A) consider''; - (3) by striking ``428C(b)(1)(E).'' and inserting the - following: ``428C(b)(1)(E); and - ``(B) carry out, with respect to borrowers of any - loan made under part D (other than an excepted PLUS - loan or excepted consolidation loan), procedures for - income-based repayment plans that are equivalent to the - procedures carried out under section 455(e)(8) with - respect to income-contingent repayment plans.''. - + (1) by striking ``The Secretary shall establish'' and inserting + the following: + ``(1) In general.--The Secretary shall establish''; and + (2) by striking ``The Secretary shall consider'' and inserting + the following: + ``(2) Procedures for eligibility.--The Secretary shall-- + ``(A) consider''; + (3) by striking ``428C(b)(1)(E).'' and inserting the following: + ``428C(b)(1)(E); and + ``(B) carry out, with respect to borrowers of any loan made + under part D (other than an excepted PLUS loan or excepted + consolidation loan), procedures for income-based repayment + plans that are equivalent to the procedures carried out under + section 455(e)(8) with respect to income-contingent repayment + plans.''. SEC. 5. AUTOMATIC INCOME MONITORING PROCEDURES AFTER A TOTAL AND - PERMANENT DISABILITY DISCHARGE. - +PERMANENT DISABILITY DISCHARGE. Section 437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)) is amended by adding at the end the following: - ``(3) Automatic income monitoring.-- - ``(A) In general.--The Secretary shall establish - and implement, with respect to any borrower described - in subparagraph (B), procedures to-- - ``(i) use return information disclosed - under section 6103(l)(13) of the Internal - Revenue Code of 1986, pursuant to approval - provided under section 494, to determine the - borrower's continued eligibility for the loan - discharge described in subparagraph (B); - ``(ii) allow the borrower, at any time, to - opt out of disclosure under such section - 6103(l)(13) and instead provide such - information as the Secretary may require to - determine the borrower's continued eligibility - for such loan discharge; and - ``(iii) provide the borrower with an - opportunity to update the return information so - disclosed before determination of such - borrower's continued eligibility for such loan - discharge. - ``(B) Applicability.--Subparagraph (A) shall - apply-- - ``(i) to each borrower of a loan that is - discharged due to the total and permanent - disability (within the meaning of this - subsection) of the borrower; and - ``(ii) during the period beginning on the - date on which such loan is so discharged and - ending on the first day on which such loan may - no longer be reinstated.''. - + ``(3) Automatic income monitoring.-- + ``(A) In general.--The Secretary shall establish and + implement, with respect to any borrower described in + subparagraph (B), procedures to-- + ``(i) use return information disclosed under section + 6103(l)(13) of the Internal Revenue Code of 1986, pursuant + to approval provided under section 494, to determine the + borrower's continued eligibility for the loan discharge + described in subparagraph (B); + ``(ii) allow the borrower, at any time, to opt out of + disclosure under such section 6103(l)(13) and instead + provide such information as the Secretary may require to + determine the borrower's continued eligibility for such + loan discharge; and + ``(iii) provide the borrower with an opportunity to + update the return information so disclosed before + determination of such borrower's continued eligibility for + such loan discharge. + ``(B) Applicability.--Subparagraph (A) shall apply-- + ``(i) to each borrower of a loan that is discharged due + to the total and permanent disability (within the meaning + of this subsection) of the borrower; and + ``(ii) during the period beginning on the date on which + such loan is so discharged and ending on the first day on + which such loan may no longer be reinstated.''. SEC. 6. PROCEDURE AND REQUIREMENTS FOR REQUESTING TAX RETURN - INFORMATION FROM THE INTERNAL REVENUE SERVICE. - +INFORMATION FROM THE INTERNAL REVENUE SERVICE. (a) In General.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following: - -``SEC. 494. PROCEDURE AND REQUIREMENTS FOR REQUESTING TAX RETURN - INFORMATION FROM THE INTERNAL REVENUE SERVICE. - + ``SEC. 494. PROCEDURE AND REQUIREMENTS FOR REQUESTING TAX RETURN + INFORMATION FROM THE INTERNAL REVENUE SERVICE. ``(a) Notification and Approval Requirements.-- - ``(1) Federal student financial aid.--In the case of any - written or electronic application under section 483 by an - individual for Federal student financial aid under a program - authorized under subpart 1 of part A, part C, or part D, the - Secretary, with respect to such individual and any parent or - spouse whose financial information is required to be provided - on such application, shall-- - ``(A) notify such individuals that-- - ``(i) if such individuals provide approval - under subparagraph (B), the Secretary will have - the authority to request that the Secretary of - the Treasury disclose return information of - such individuals to authorized persons (as - defined in section 6103(l)(13) of the Internal - Revenue Code of 1986) for the relevant purposes - described in such section; and - ``(ii) the failure to provide such approval - for such disclosure will result in the - Secretary being unable to calculate eligibility - for such aid to such individual; and - ``(B) require, as a condition of eligibility for - such aid, that such individuals affirmatively approve - the disclosure described in subparagraph (A)(i). - ``(2) Income-contingent and income-based repayment.-- - ``(A) New applicants.--In the case of any written - or electronic application by an individual for an - income-contingent or income-based repayment plan for a - loan under part D, the Secretary, with respect to such - individual and any spouse of such individual, shall-- - ``(i) provide to such individuals the - notification described in paragraph (1)(A)(i); - ``(ii) require, as a condition of - eligibility for such repayment plan, that such - individuals-- - ``(I) affirmatively approve the - disclosure described in paragraph - (1)(A)(i) and agree that such approval - shall serve as an ongoing approval of - such disclosure until the date on which - the individual elects to opt out of - such disclosure under section 455(e)(8) - or the equivalent procedures - established under section - 493C(c)(2)(B), as applicable; or - ``(II) provide such information as - the Secretary may require to confirm - the eligibility of such individual for - such repayment plan. - ``(B) Recertifications.--With respect to the first - written or electronic recertification (after the date - of the enactment of the FUTURE Act) of an individual's - income or family size for purposes of an income- - contingent or income-based repayment plan (entered into - before the date of the enactment of the FUTURE Act) for - a loan under part D, the Secretary, with respect to - such individual and any spouse of such individual, - shall meet the requirements of clauses (i) and (ii) of - subparagraph (A) with respect to such recertification. - ``(3) Total and permanent disability.--In the case of any - written or electronic application by an individual for a - discharge of a loan under this title based on total and - permanent disability (within the meaning of section 437(a)) - that requires income monitoring, the Secretary shall-- - ``(A) provide to such individual the notification - described in paragraph (1)(A)(i); and - ``(B) require, as a condition of eligibility for - such discharge, that such individual-- - ``(i) affirmatively approve the disclosure - described in paragraph (1)(A)(i) and agree that - such approval shall serve as an ongoing - approval of such disclosure until the earlier - of-- - ``(I) the date on which the - individual elects to opt out of such - disclosure under section 437(a)(3)(A); - or - ``(II) the first day on which such - loan may no longer be reinstated; or - ``(ii) provide such information as the - Secretary may require to confirm the - eligibility of such individual for such - discharge. + ``(1) Federal student financial aid.--In the case of any + written or electronic application under section 483 by an + individual for Federal student financial aid under a program + authorized under subpart 1 of part A, part C, or part D, the + Secretary, with respect to such individual and any parent or spouse + whose financial information is required to be provided on such + application, shall-- + ``(A) notify such individuals that-- + ``(i) if such individuals provide approval under + subparagraph (B), the Secretary will have the authority to + request that the Secretary of the Treasury disclose return + information of such individuals to authorized persons (as + defined in section 6103(l)(13) of the Internal Revenue Code + of 1986) for the relevant purposes described in such + section; and + ``(ii) the failure to provide such approval for such + disclosure will result in the Secretary being unable to + calculate eligibility for such aid to such individual; and + ``(B) require, as a condition of eligibility for such aid, + that such individuals affirmatively approve the disclosure + described in subparagraph (A)(i). + ``(2) Income-contingent and income-based repayment.-- + ``(A) New applicants.--In the case of any written or + electronic application by an individual for an income- + contingent or income-based repayment plan for a loan under part + D, the Secretary, with respect to such individual and any + spouse of such individual, shall-- + ``(i) provide to such individuals the notification + described in paragraph (1)(A)(i); + ``(ii) require, as a condition of eligibility for such + repayment plan, that such individuals-- + + ``(I) affirmatively approve the disclosure + described in paragraph (1)(A)(i) and agree that such + approval shall serve as an ongoing approval of such + disclosure until the date on which the individual + elects to opt out of such disclosure under section + 455(e)(8) or the equivalent procedures established + under section 493C(c)(2)(B), as applicable; or + ``(II) provide such information as the Secretary + may require to confirm the eligibility of such + individual for such repayment plan. + + ``(B) Recertifications.--With respect to the first written + or electronic recertification (after the date of the enactment + of the FUTURE Act) of an individual's income or family size for + purposes of an income-contingent or income-based repayment plan + (entered into before the date of the enactment of the FUTURE + Act) for a loan under part D, the Secretary, with respect to + such individual and any spouse of such individual, shall meet + the requirements of clauses (i) and (ii) of subparagraph (A) + with respect to such recertification. + ``(3) Total and permanent disability.--In the case of any + written or electronic application by an individual for a discharge + of a loan under this title based on total and permanent disability + (within the meaning of section 437(a)) that requires income + monitoring, the Secretary shall-- + ``(A) provide to such individual the notification described + in paragraph (1)(A)(i); and + ``(B) require, as a condition of eligibility for such + discharge, that such individual-- + ``(i) affirmatively approve the disclosure described in + paragraph (1)(A)(i) and agree that such approval shall + serve as an ongoing approval of such disclosure until the + earlier of-- + + ``(I) the date on which the individual elects to + opt out of such disclosure under section 437(a)(3)(A); + or + ``(II) the first day on which such loan may no + longer be reinstated; or + + ``(ii) provide such information as the Secretary may + require to confirm the eligibility of such individual for + such discharge. ``(b) Limit on Authority.--The Secretary shall only have authority to request that the Secretary of the Treasury disclose return information under section 6103(l)(13) of the Internal Revenue Code of @@ -443,51 +385,44 @@ information under section 6103(l)(13) of the Internal Revenue Code of obtained approval under subsection (a) for such disclosure.''. (b) Conforming Amendment.--Section 484(q) of the Higher Education Act of 1965 (20 U.S.C. 1091(q)) is repealed. - SEC. 7. INCREASED FUNDING FOR FEDERAL PELL GRANTS. - Section 401(b)(7)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended-- - (1) in subclause (X), by striking ``$1,430,000,000'' and - inserting ``$1,455,000,000''; and - (2) in subclause (XI), by striking ``$1,145,000,000'' and - inserting ``$1,170,000,000''. - + (1) in subclause (X), by striking ``$1,430,000,000'' and + inserting ``$1,455,000,000''; and + (2) in subclause (XI), by striking ``$1,145,000,000'' and + inserting ``$1,170,000,000''. SEC. 8. REPORTS ON IMPLEMENTATION. - (a) In General.--Not later than each specified date, the Secretary of Education and the Secretary of the Treasury shall issue joint reports to the Committees on Health, Education, Labor, and Pensions and Finance of the Senate and the Committees on Education and Labor and Ways and Means of the House of Representatives regarding the amendments made by this Act. Each such report shall include, as applicable-- - (1) an update on the status of implementation of the - amendments made by this Act; - (2) an evaluation of how such implementation had affected - the processing of applications for Federal student financial - aid, applications for income-based repayment and income- - contingent repayment, and applications for discharge of loans - under title IV of the Higher Education Act of 1965 (20 U.S.C. - 1070 et seq.) based on total and permanent disability; and - (3) implementation issues and suggestions for potential - improvements. + (1) an update on the status of implementation of the amendments + made by this Act; + (2) an evaluation of how such implementation had affected the + processing of applications for Federal student financial aid, + applications for income-based repayment and income-contingent + repayment, and applications for discharge of loans under title IV + of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) based + on total and permanent disability; and + (3) implementation issues and suggestions for potential + improvements. (b) Specified Date.--For purposes of subsection (a), the term ``specified date'' means-- - (1) the date that is 90 days after the date of the - enactment of this Act; - (2) the date that is 120 days after the first day that the - disclosure process established under section 6103(l)(13) of the - Internal Revenue Code of 1986, as amended by section 3(a) of - this Act, is operational and accessible to officers, employees, - and contractors of the Department of Education (as specifically - authorized and designated by the Secretary of Education); and - (3) the date that is 1 year after the report date described - in paragraph (2). - - Passed the House of Representatives December 10, 2019. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. + (1) the date that is 90 days after the date of the enactment of + this Act; + (2) the date that is 120 days after the first day that the + disclosure process established under section 6103(l)(13) of the + Internal Revenue Code of 1986, as amended by section 3(a) of this + Act, is operational and accessible to officers, employees, and + contractors of the Department of Education (as specifically + authorized and designated by the Secretary of Education); and + (3) the date that is 1 year after the report date described in + paragraph (2). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From bf23fc6503b424327fb2e6922d136429836ee49c Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Mike [R-LA-4]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 510/984] House-5384: Introduced to House --- bills_text/House-5384.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-5384.txt diff --git a/bills_text/House-5384.txt b/bills_text/House-5384.txt new file mode 100644 index 0000000..cf23fed --- /dev/null +++ b/bills_text/House-5384.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + H. R. 5384 + + To designate the facility of the United States Postal Service located + at 100 Crosby Street in Mansfield, Louisiana, as the ``Dr. C.O. + Simpkins, Sr., Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 10, 2019 + + Mr. Johnson of Louisiana (for himself, Mr. Higgins of Louisiana, Mr. + Abraham, Mr. Graves of Louisiana, Mr. Scalise, and Mr. Richmond) + introduced the following bill; which was referred to the Committee on + Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 100 Crosby Street in Mansfield, Louisiana, as the ``Dr. C.O. + Simpkins, Sr., Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DR. C.O. SIMPKINS, SR., POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 100 Crosby Street in Mansfield, Louisiana, shall be known +and designated as the ``Dr. C.O. Simpkins, Sr., Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Dr. C.O. +Simpkins, Sr., Post Office''. + \ No newline at end of file From 4705fcfba072d8ee333be5043e8f071cfe37ba73 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Mike [R-LA-4]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 511/984] House-5384: Engrossed in House --- bills_text/House-5384.txt | 41 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 20 deletions(-) diff --git a/bills_text/House-5384.txt b/bills_text/House-5384.txt index cf23fed..91a888f 100644 --- a/bills_text/House-5384.txt +++ b/bills_text/House-5384.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5384 - To designate the facility of the United States Postal Service located - at 100 Crosby Street in Mansfield, Louisiana, as the ``Dr. C.O. - Simpkins, Sr., Post Office''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - December 10, 2019 - - Mr. Johnson of Louisiana (for himself, Mr. Higgins of Louisiana, Mr. - Abraham, Mr. Graves of Louisiana, Mr. Scalise, and Mr. Richmond) - introduced the following bill; which was referred to the Committee on - Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -41,4 +24,22 @@ and designated as the ``Dr. C.O. Simpkins, Sr., Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Dr. C.O. Simpkins, Sr., Post Office''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5384 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 100 Crosby Street in Mansfield, Louisiana, as the ``Dr. C.O. + Simpkins, Sr., Post Office''. From c0eb77031f2487798f8b72d18f7960fcecb1a5f5 Mon Sep 17 00:00:00 2001 From: "Rep. Johnson, Mike [R-LA-4]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 512/984] House-5384: Enrolled --- bills_text/House-5384.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5384.txt b/bills_text/House-5384.txt index 91a888f..34a82cf 100644 --- a/bills_text/House-5384.txt +++ b/bills_text/House-5384.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5384 + H.R.5384 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 100 Crosby Street in Mansfield, Louisiana, as the ``Dr. C.O. - Simpkins, Sr., Post Office''. +To designate the facility of the United States Postal Service located at + 100 Crosby Street in Mansfield, Louisiana, as the ``Dr. C.O. Simpkins, + Sr., Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DR. C.O. SIMPKINS, SR., POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 100 Crosby Street in Mansfield, Louisiana, shall be known and designated as the ``Dr. C.O. Simpkins, Sr., Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Dr. C.O. Simpkins, Sr., Post Office''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5384 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 100 Crosby Street in Mansfield, Louisiana, as the ``Dr. C.O. - Simpkins, Sr., Post Office''. + Vice President of the United States and + President of the Senate. From 2369d7e1e2fcc3d100a36434a1ca39d80bfb0f21 Mon Sep 17 00:00:00 2001 From: "Rep. Hoyer, Steny H. [D-MD-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 513/984] House-5430: Introduced to House --- bills_text/House-5430.txt | 5437 +++++++++++++++++++++++++++++++++++++ 1 file changed, 5437 insertions(+) create mode 100644 bills_text/House-5430.txt diff --git a/bills_text/House-5430.txt b/bills_text/House-5430.txt new file mode 100644 index 0000000..6e5df51 --- /dev/null +++ b/bills_text/House-5430.txt @@ -0,0 +1,5437 @@ +116th CONGRESS + 1st Session + H. R. 5430 + + To implement the Agreement between the United States of America, the +United Mexican States, and Canada attached as an Annex to the Protocol + Replacing the North American Free Trade Agreement. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 13, 2019 + + Mr. Hoyer (for himself and Mr. McCarthy) (both by request) introduced + the following bill; which was referred to the Committee on Ways and + Means, and in addition to the Committees on Education and Labor, + Natural Resources, Foreign Affairs, the Judiciary, the Budget, + Transportation and Infrastructure, Financial Services, Agriculture, + Energy and Commerce, and Oversight and Reform, for a period to be +subsequently determined by the Speaker, in each case for consideration + of such provisions as fall within the jurisdiction of the committee + concerned + +_______________________________________________________________________ + + A BILL + + + + To implement the Agreement between the United States of America, the +United Mexican States, and Canada attached as an Annex to the Protocol + Replacing the North American Free Trade Agreement. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``United States- +Mexico-Canada Agreement Implementation Act''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Purpose. +Sec. 3. Definitions. + TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE USMCA + +Sec. 101. Approval and entry into force of the USMCA. +Sec. 102. Relationship of the USMCA to United States and State law. +Sec. 103. Implementing actions in anticipation of entry into force; + initial regulations; tariff proclamation + authority. +Sec. 104. Consultation and layover provisions for, and effective date + of, proclaimed actions. +Sec. 105. Administration of dispute settlement proceedings. +Sec. 106. Trade Representative authority. +Sec. 107. Effective date. + TITLE II--CUSTOMS PROVISIONS + +Sec. 201. Exclusion of originating goods of USMCA countries from + special agriculture safeguard authority. +Sec. 202. Rules of origin. +Sec. 202A. Special rules for automotive goods. +Sec. 203. Merchandise processing fee. +Sec. 204. Disclosure of incorrect information; false certifications of + origin; denial of preferential tariff + treatment. +Sec. 205. Reliquidation of entries. +Sec. 206. Recordkeeping requirements. +Sec. 207. Actions regarding verification of claims under the USMCA. +Sec. 208. Drawback [reserved]. +Sec. 209. Other amendments to the Tariff Act of 1930. +Sec. 210. Regulations. + TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES + + Subtitle A--Relief From Injury Caused by Import Competition [reserved] + + Subtitle B--Temporary Entry of Business Persons [reserved] + + Subtitle C--United States-Mexico Cross-border Long-haul Trucking + Services + +Sec. 321. Definitions. +Sec. 322. Investigations and determinations by Commission. +Sec. 323. Commission recommendations and report. +Sec. 324. Action by President with respect to affirmative + determination. +Sec. 325. Confidential business information. +Sec. 326. Conforming amendments. +Sec. 327. Survey of operating authorities. + TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES + + Subtitle A--Preventing Duty Evasion + +Sec. 401. Cooperation on duty evasion. + Subtitle B--Dispute Settlement [reserved] + + Subtitle C--Conforming Amendments + +Sec. 421. Judicial review in antidumping duty and countervailing duty + cases. +Sec. 422. Conforming amendments to other provisions of the Tariff Act + of 1930. +Sec. 423. Conforming amendments to title 28, United States Code. + Subtitle D--General Provisions + +Sec. 431. Effect of termination of USMCA country status. +Sec. 432. Effective date. + TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS + +Sec. 501. Drawback. +Sec. 502. Relief from injury caused by import competition. +Sec. 503. Temporary entry. +Sec. 504. Dispute settlement in antidumping and countervailing duty + cases. +Sec. 505. Government procurement. +Sec. 506. Actions affecting United States cultural industries. +Sec. 507. Regulatory treatment of uranium purchases. +Sec. 508. Report on amendments to existing law. + TITLE VI--TRANSITION TO AND EXTENSION OF USMCA + + Subtitle A--Transitional Provisions + +Sec. 601. Repeal of North American Free Trade Agreement Implementation + Act. +Sec. 602. Continued suspension of the United States-Canada Free-Trade + Agreement. + Subtitle B--Joint Reviews Regarding Extension of USMCA + +Sec. 611. Participation in joint reviews with Canada and Mexico + regarding extension of the term of the + USMCA and other action regarding the USMCA. + Subtitle C--Termination of USMCA + +Sec. 621. Termination of USMCA. + TITLE VII--LABOR MONITORING AND ENFORCEMENT + +Sec. 701. Definitions. + Subtitle A--Interagency Labor Committee for Monitoring and Enforcement + +Sec. 711. Interagency labor committee for monitoring and enforcement. +Sec. 712. Duties. +Sec. 713. Enforcement priorities. +Sec. 714. Assessments. +Sec. 715. Recommendation for enforcement action. +Sec. 716. Petition process. +Sec. 717. Hotline. +Sec. 718. Reports. +Sec. 719. Consultations on appointment and funding of rapid response + labor panelists. + Subtitle B--Mexico Labor Attaches + +Sec. 721. Establishment. +Sec. 722. Duties. +Sec. 723. Status. + Subtitle C--Independent Mexico Labor Expert Board + +Sec. 731. Establishment. +Sec. 732. Membership; term. +Sec. 733. Funding. +Sec. 734. Reports. + Subtitle D--Forced Labor + +Sec. 741. Forced labor enforcement task force. +Sec. 742. Timeline required. +Sec. 743. Reports required. +Sec. 744. Duties related to Mexico. + Subtitle E--Enforcement Under Rapid Response Labor Mechanism + +Sec. 751. Transmission of reports. +Sec. 752. Suspension of liquidation. +Sec. 753. Final remedies. + TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT + +Sec. 801. Definitions. + Subtitle A--Interagency Environment Committee for Monitoring and + Enforcement + +Sec. 811. Establishment. +Sec. 812. Assessment. +Sec. 813. Monitoring actions. +Sec. 814. Enforcement actions. +Sec. 815. Other monitoring and enforcement actions. +Sec. 816. Report to Congress. +Sec. 817. Regulations. + Subtitle B--Other Matters + +Sec. 821. Border water infrastructure improvement authority. +Sec. 822. Detail of personnel to Office of the United States Trade + Representative. + Subtitle C--North American Development Bank + +Sec. 831. General capital increase. +Sec. 832. Policy goals. +Sec. 833. Efficiencies and streamlining. +Sec. 834. Performance measures. + TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019 + +SEC. 2. PURPOSE. + + The purpose of this Act is to approve and implement the Agreement +between the United States of America, the United Mexican States, and +Canada entered into under the authority of section 103(b) of the +Bipartisan Congressional Trade Priorities and Accountability Act of +2015 (19 U.S.C. 4202(b)). + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means the Committee on + Finance of the Senate and the Committee on Ways and Means of + the House of Representatives. + (2) HTS.--The term ``HTS'' means the Harmonized Tariff + Schedule of the United States. + (3) Identical goods.--The term ``identical goods'' means + goods that are the same in all respects relevant to the rule of + origin that qualifies the goods as originating goods. + (4) International trade commission.--The term + ``International Trade Commission'' means the United States + International Trade Commission. + (5) Mexico.--The term ``Mexico'' means the United Mexican + States. + (6) NAFTA.--The term ``NAFTA'' means the North American + Free Trade Agreement approved by Congress under section + 101(a)(1) of the North American Free Trade Agreement + Implementation Act (19 U.S.C. 3311(a)(1)). + (7) Preferential tariff treatment.--The term ``preferential + tariff treatment'' means the customs duty rate that is + applicable to an originating good (as defined in section + 202(a)) under the USMCA. + (8) Trade representative.--The term ``Trade + Representative'' means the United States Trade Representative. + (9) USMCA.--The term ``USMCA'' means the Agreement between + the United States of America, the United Mexican States, and + Canada, which is-- + (A) attached as an Annex to the Protocol Replacing + the North American Free Trade Agreement with the + Agreement between the United States of America, the + United Mexican States, and Canada, done at Buenos Aires + on November 30, 2018, as amended by the Protocol of + Amendment to the Agreement Between the United States of + America, the United Mexican States, and Canada, done at + Mexico City on December 10, 2019; and + (B) approved by Congress under section 101(a)(1). + (10) USMCA country.--Except as otherwise provided, the term + ``USMCA country'' means-- + (A) Canada for such time as the USMCA is in force + with respect to, and the United States applies the + USMCA to, Canada; and + (B) Mexico for such time as the USMCA is in force + with respect to, and the United States applies the + USMCA to, Mexico. + + TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE USMCA + +SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE USMCA. + + (a) Approval of USMCA and Statement of Administrative Action.-- +Pursuant to section 106 of the Bipartisan Congressional Trade +Priorities and Accountability Act of 2015 (19 U.S.C. 4205) and section +151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves-- + (1) the Protocol Replacing the North American Free Trade + Agreement with the Agreement between the United States of + America, the United Mexican States, and Canada, done at Buenos + Aires on November 30, 2018, as submitted to Congress on + December 13, 2019; + (2) the Agreement between the United States of America, the + United Mexican States, and Canada, attached as an Annex to the + Protocol, as amended by the Protocol of Amendment to the + Agreement between the United States of America, the United + Mexican States, and Canada, done at Mexico City on December 10, + 2019, as submitted to Congress on December 13, 2019; and + (3) the statement of administrative action proposed to + implement that Agreement, as submitted to Congress on December + 13, 2019. + (b) Conditions for Entry Into Force of the Agreement.--The +President is authorized to provide for the USMCA to enter into force +with respect to Canada and Mexico not earlier than 30 days after the +date on which the President submits to Congress the written notice +required by section 106(a)(1)(G) of the Bipartisan Congressional Trade +Priorities and Accountability Act of 2015 (19 U.S.C. 4205(a)(1)(G)), +which shall include the date on which the USMCA will enter into force. + +SEC. 102. RELATIONSHIP OF THE USMCA TO UNITED STATES AND STATE LAW. + + (a) Relationship of USMCA to United States Law.-- + (1) United states law to prevail in conflict.--No provision + of the USMCA, nor the application of any such provision to any + person or circumstance, which is inconsistent with any law of + the United States, shall have effect. + (2) Construction.--Nothing in this Act shall be construed-- + (A) to amend or modify any law of the United + States, or + (B) to limit any authority conferred under any law + of the United States, + unless specifically provided for in this Act. + (b) Relationship of USMCA to State Law.-- + (1) Legal challenge.--No State law, or the application + thereof, may be declared invalid as to any person or + circumstance on the ground that the provision or application is + inconsistent with the USMCA, except in an action brought by the + United States for the purpose of declaring such law or + application invalid. + (2) Definition of state law.--For purposes of this + subsection, the term ``State law'' includes-- + (A) any law of a political subdivision of a State; + and + (B) any State law regulating or taxing the business + of insurance. + (c) Effect of USMCA With Respect to Private Remedies.--No person +other than the United States-- + (1) shall have any cause of action or defense under the + USMCA or by virtue of congressional approval thereof; or + (2) may challenge, in any action brought under any + provision of law, any action or inaction by any department, + agency, or other instrumentality of the United States, any + State, or any political subdivision of a State, on the ground + that such action or inaction is inconsistent with the USMCA. + +SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE; + INITIAL REGULATIONS; TARIFF PROCLAMATION AUTHORITY. + + (a) Implementing Actions.-- + (1) Proclamation authority.--After the date of the + enactment of this Act-- + (A) the President may proclaim such actions, and + (B) other appropriate officers of the United States + Government may prescribe such regulations, + as may be necessary to ensure that any provision of this Act, + or amendment made by this Act, that takes effect on the date on + which the USMCA enters into force is appropriately implemented + on such date, but no such proclamation or regulation may have + an effective date earlier than the date on which the USMCA + enters into force. + (2) Effective date of certain proclaimed actions.--Any + action proclaimed by the President under the authority of this + Act that is not subject to the consultation and layover + provisions under section 104 may not take effect before the + 15th day after the date on which the text of the proclamation + is published in the Federal Register. + (3) Waiver of 15-day restriction.--The 15-day restriction + contained in paragraph (2) on the taking effect of proclaimed + actions is waived to the extent that the application of such + restriction would prevent the taking effect on the date on + which the USMCA enters into force of any action proclaimed + under this section. + (b) Initial Regulations.-- + (1) In general.--Except as provided by paragraph (2) or + (3), initial regulations necessary or appropriate to carry out + the actions required by or authorized under this Act or + proposed in the statement of administrative action approved + under section 101(a)(2) to implement the USMCA shall, to the + maximum extent feasible, be prescribed within 1 year after the + date on which the USMCA enters into force. + (2) Uniform regulations.--Interim or initial regulations to + implement the Uniform Regulations regarding rules of origin + provided for under article 5.16 of the USMCA shall be + prescribed not later than the date on which the USMCA enters + into force. + (3) Implementing actions with effective dates after entry + into force.--In the case of any implementing action that takes + effect on a date after the date on which the USMCA enters into + force, initial regulations to carry out that action shall, to + the maximum extent feasible, be prescribed within 1 year after + such effective date. + (c) Tariff Modifications.-- + (1) Tariff modifications provided for in the usmca.--The + President may proclaim-- + (A) such modifications or continuation of any duty, + (B) such continuation of duty-free or excise + treatment, or + (C) such additional duties, + as the President determines to be necessary or appropriate to + carry out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, + and 6.3, the Schedule of the United States to Annex 2-B, + including the appendices to that Annex, Annex 2-C, and Annex 6- + A, of the USMCA. + (2) Other tariff modifications.--Subject to the + consultation and layover provisions of section 104, the + President may proclaim-- + (A) such modifications or continuation of any duty, + (B) such modifications as the United States may + agree to with a USMCA country regarding the staging of + any duty treatment set forth in the Schedule of the + United States to Annex 2-B of the USMCA, including the + appendices to that Annex, + (C) such continuation of duty-free or excise + treatment, or + (D) such additional duties, + as the President determines to be necessary or appropriate to + maintain the general level of reciprocal and mutually + advantageous concessions with respect to a USMCA country + provided for by the USMCA. + (3) Conversion to ad valorem rates.--For purposes of + paragraphs (1) and (2), with respect to any good for which the + base rate in the Schedule of the United States to Annex 2-B of + the USMCA is a specific or compound rate of duty, the President + shall substitute for the base rate an ad valorem rate that the + President determines to be equivalent to the base rate. + (4) Tariff-rate quotas.--In implementing the tariff-rate + quotas set forth in the Schedule of the United States to Annex + 2-B of the USMCA, the President shall take such actions as may + be necessary to ensure that imports of agricultural goods do + not disrupt the orderly marketing of agricultural goods in the + United States. + (5) Presidential proclamation authority relating to rules + of origin.-- + (A) In general.--The President may proclaim, as + part of the HTS-- + (i) the provisions set forth in Annex 4-B + of the USMCA; + (ii) the provisions set forth in paragraph + 2 of article 3.A.6 of Annex 3-A of the USMCA; + (iii) the provisions set forth in paragraph + 5 of Annex 3-B of the USMCA; + (iv) the provisions set forth in paragraphs + 14(b), 14(c), and 15(e) of Section B of + Appendix 2 to Annex 2-B of the USMCA; and + (v) any additional subordinate category + that is necessary to carry out section 202 and + section 202A consistent with the USMCA. + (B) Modifications.-- + (i) In general.--Subject to the + consultation and layover provisions of section + 104, the President may proclaim modifications + to the provisions proclaimed under the + authority of subparagraph (A), other than the + provisions of chapters 50 through 63 of the + USMCA. + (ii) Special rule for textiles.-- + Notwithstanding clause (i), and subject to the + consultation and layover provisions of section + 104, the President may proclaim-- + (I) such modifications to the + provisions proclaimed under the + authority of subparagraph (A) as are + necessary to implement an agreement + with one or more USMCA countries + pursuant to article 6.4 of the USMCA; + and + (II) before the end of the 1-year + period beginning on the date on which + the USMCA enters into force, + modifications to correct any + typographical, clerical, or other + nonsubstantive technical error + regarding the provisions of chapters 50 + through 63 of the USMCA. + +SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE + OF, PROCLAIMED ACTIONS. + + If a provision of this Act provides that the implementation of an +action by the President by proclamation is subject to the consultation +and layover requirements of this section, that action may be proclaimed +only if-- + (1) the President has obtained advice regarding the + proposed action from-- + (A) the appropriate advisory committees established + under section 135 of the Trade Act of 1974 (19 U.S.C. + 2155); and + (B) the International Trade Commission, which shall + hold a public hearing on the proposed action before + providing advice regarding the proposed action; + (2) the President has submitted to the Committee on Finance + of the Senate and the Committee on Ways and Means of the House + of Representatives a report that sets forth-- + (A) the proposed action and the reasons therefor; + and + (B) the advice obtained under paragraph (1); + (3) a period of 60 calendar days, beginning on the first + day on which the requirements set forth in paragraphs (1) and + (2) have been met, has expired; and + (4) the President has consulted with the committees + referred to in paragraph (2) regarding the proposed action + during the period referred to in paragraph (3). + +SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS. + + (a) United States Section of Secretariat.-- + (1) Establishment or designation of office.--The President + is authorized to establish or designate within the Department + of Commerce an office to serve as the United States Section of + the Secretariat established under article 30.6 of the USMCA. + (2) Functions and administrative assistance.--The office + established or designated under paragraph (1), subject to the + oversight of the interagency group established under section + 411(c)(2), shall-- + (A) carry out its functions within the Secretariat + to facilitate the operation of the USMCA, including the + operation of section D of chapter 10 and chapter 31 of + the USMCA; and + (B) provide administrative assistance to-- + (i) panels established under chapter 31 of + the USMCA, including under Annex 31-A (relating + to the Facility-Specific Rapid Response Labor + Mechanism); + (ii) technical advisers and experts + provided for under chapter 31 of the USMCA; + (iii) binational panels and extraordinary + challenge committees established under section + D of chapter 10 of the USMCA; and + (iv) binational panels and extraordinary + challenge committees established under NAFTA + for matters covered by article 34.1 of the + USMCA (relating to transition from NAFTA). + (3) Treatment of office under freedom of information act.-- + The office established or designated under paragraph (1) shall + not be considered an agency for purposes of section 552 of + title 5, United States Code. + (b) Authorization of Appropriations.--There are authorized to be +appropriated for each fiscal year after fiscal year 2020 to the +Department of Commerce $2,000,000 for-- + (1) the operations of the office established or designated + under subsection (a)(1); and + (2) the payment of the United States share of the expenses + of-- + (A) panels established under chapter 31 of the + USMCA, including under Annex 31-A (relating to the + Facility-Specific Rapid Response Labor Mechanism); + (B) binational panels and extraordinary challenge + committees established under section D of chapter 10 of + the USMCA; and + (C) binational panels and extraordinary challenge + committees established under NAFTA for matters covered + by article 34.1 of the USMCA (relating to transition + from NAFTA). + (c) Reimbursement of Certain Expenses.--If the Canadian Section or +the Mexican Section of the Secretariat provides funds to the United +States Section during any fiscal year as reimbursement for expenses in +connection with dispute settlement proceedings under section D of +chapter 10 or chapter 31 of the USMCA, or under chapter 19 of NAFTA, +the United States Section may, notwithstanding section 3302 of title +31, United States Code, retain and use such funds to carry out the +functions described in subsection (a)(2). + +SEC. 106. TRADE REPRESENTATIVE AUTHORITY. + + If a country (other than the United States) that has signed the +USMCA does not enact implementing legislation, the Trade Representative +is authorized to enter into negotiations with the other country that +has signed the USMCA to consider how the applicable provisions of the +USMCA can come into force with respect to the United States and that +other country as promptly as possible. + +SEC. 107. EFFECTIVE DATE. + + (a) In General.--Sections 1 through 3 and this title (other than +section 103(c)) shall take effect on the date of the enactment of this +Act. + (b) Proclamation Authority.--Section 103(c) shall take effect on +the date on which the USMCA enters into force. + + TITLE II--CUSTOMS PROVISIONS + +SEC. 201. EXCLUSION OF ORIGINATING GOODS OF USMCA COUNTRIES FROM + SPECIAL AGRICULTURE SAFEGUARD AUTHORITY. + + (a) In General.--Section 405(e) of the Uruguay Round Agreements Act +(19 U.S.C. 3602(e)) is amended to read as follows: + ``(e) Exclusion of Originating Goods of USMCA Countries.-- + ``(1) In general.--The President shall exempt from any duty + imposed under this section any good that qualifies as an + originating good under section 202 of the United States-Mexico- + Canada Agreement Implementation Act of a USMCA country with + respect to which preferential tariff treatment is provided + under the USMCA. + ``(2) Definitions.--In this subsection, the terms + `preferential tariff treatment', `USMCA', and `USMCA country' + have the meanings given those terms in section 3 of the United + States-Mexico-Canada Agreement Implementation Act.''. + (b) Effective Date.-- + (1) In general.--The amendment made by subsection (a) + shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to a good entered for + consumption, or withdrawn from warehouse for + consumption, on or after that date. + (2) Transition from nafta treatment.--In the case of a good + entered for consumption, or withdrawn from warehouse for + consumption, before the date on which the USMCA enters into + force-- + (A) the amendment made by subsection (a) to section + 405(e) of the Uruguay Round Agreements Act (19 U.S.C. + 3602(e)) shall not apply with respect to the good; and + (B) section 405(e) of such Act, as in effect on the + day before that date, shall continue to apply on and + after that date with respect to the good. + +SEC. 202. RULES OF ORIGIN. + + (a) Definitions.--In this section: + (1) Aquaculture.--The term ``aquaculture'' means the + farming of aquatic organisms, including fish, molluscs, + crustaceans, other aquatic invertebrates, and aquatic plants + from seed stock such as eggs, fry, fingerlings, or larvae, by + intervention in the rearing or growth processes to enhance + production such as regular stocking, feeding, or protection + from predators. + (2) Customs valuation agreement.--The term ``Customs + Valuation Agreement'' means the Agreement on Implementation of + Article VII of the General Agreement on Tariffs and Trade 1994 + referred to in section 101(d)(8) of the Uruguay Round + Agreements Act (19 U.S.C. 3511(d)(8)). + (3) Fungible good or fungible material.--The term + ``fungible good'' or ``fungible material'' means a good or + material, as the case may be, that is interchangeable with + another good or material for commercial purposes and the + properties of which are essentially identical to such other + good or material. + (4) Good wholly obtained or produced entirely in the + territory of one or more usmca countries.--The term ``good + wholly obtained or produced entirely in the territory of one or + more USMCA countries'' means any of the following: + (A) A mineral good or other naturally occurring + substance extracted or taken from the territory of one + or more USMCA countries. + (B) A plant, plant good, vegetable, or fungus + grown, cultivated, harvested, picked, or gathered in + the territory of one or more USMCA countries. + (C) A live animal born and raised in the territory + of one or more USMCA countries. + (D) A good obtained in the territory of one or more + USMCA countries from a live animal. + (E) An animal obtained by hunting, trapping, + fishing, gathering, or capturing in the territory of + one or more USMCA countries. + (F) A good obtained in the territory of one or more + USMCA countries from aquaculture. + (G) A fish, shellfish, or other marine life taken + from the sea, seabed, or subsoil outside the territory + of one or more USMCA countries and outside the + territorial sea of any country that is not a USMCA + country by-- + (i) a vessel that is registered or recorded + with a USMCA country and flying the flag of + that country; or + (ii) a vessel that is documented under the + laws of the United States. + (H) A good produced on board a factory ship from + goods referred to in subparagraph (G), if such factory + ship-- + (i) is registered or recorded with a USMCA + country and flies the flag of that country; or + (ii) is a vessel that is documented under + the laws of the United States. + (I) A good, other than a good referred to in + subparagraph (G), that is taken by a USMCA country, or + a person of a USMCA country, from the seabed or subsoil + outside the territory of a USMCA country, if that USMCA + country has the right to exploit such seabed or + subsoil. + (J) Waste and scrap derived from-- + (i) production in the territory of one or + more USMCA countries; or + (ii) used goods collected in the territory + of one or more USMCA countries, if such goods + are fit only for the recovery of raw materials. + (K) A good produced in the territory of one or more + USMCA countries exclusively from goods referred to in + any of subparagraphs (A) through (J), or from their + derivatives, at any stage of production. + (5) Indirect material.--The term ``indirect material'' + means a material used or consumed in the production, testing, + or inspection of a good but not physically incorporated into + the good, or a material used or consumed in the maintenance of + buildings or the operation of equipment associated with the + production of a good, including-- + (A) fuel and energy; + (B) tools, dies, and molds; + (C) spare parts and materials used or consumed in + the maintenance of equipment or buildings; + (D) lubricants, greases, compounding materials, and + other materials used or consumed in production or to + operate equipment or buildings; + (E) gloves, glasses, footwear, clothing, safety + equipment, and supplies; + (F) equipment, devices, and supplies used for + testing or inspecting the good; + (G) catalysts and solvents; and + (H) any other material that is not incorporated + into the good, if the use of the material in the + production of the good can reasonably be demonstrated + to be a part of that production. + (6) Intermediate material.--The term ``intermediate + material'' means a material that is self-produced, used or + consumed in the production of a good, and designated as an + intermediate material pursuant to subsection (d)(9). + (7) Material.--The term ``material'' means a good that is + used or consumed in the production of another good and includes + a part or an ingredient. + (8) Net cost.--The term ``net cost'' means total cost minus + sales promotion, marketing, and after-sales service costs, + royalties, shipping and packing costs, and nonallowable + interest costs that are included in the total cost. + (9) Net cost of a good.--The term ``net cost of a good'' + means the net cost that can be reasonably allocated to a good + using one of the methods set forth in subsection (d)(7). + (10) Nonallowable interest costs.--The term ``nonallowable + interest costs'' means interest costs incurred by a producer + that exceed 700 basis points above the applicable official + interest rate for comparable maturities of the country in which + the producer is located. + (11) Nonoriginating good or nonoriginating material.--The + term ``nonoriginating good'' or ``nonoriginating material'' + means a good or material, as the case may be, that does not + qualify as originating under this section. + (12) Originating good; originating material.--The term + ``originating good'' or ``originating material'' means a good + or material, as the case may be, that qualifies as originating + under this section. + (13) Packaging materials and containers.--The term + ``packaging materials and containers'' means materials and + containers in which a good is packaged for retail sale. + (14) Packing materials and containers.--The term ``packing + materials and containers'' means materials and containers that + are used to protect a good during transportation. + (15) Producer.--The term ``producer'' means a person who + engages in the production of a good. + (16) Production.--The term ``production'' means-- + (A) growing, cultivating, raising, mining, + harvesting, fishing, trapping, hunting, capturing, + breeding, extracting, manufacturing, processing, or + assembling a good; or + (B) the farming of aquatic organisms through + aquaculture. + (17) Reasonably allocate.--The term ``reasonably allocate'' + means to apportion in a manner appropriate to the + circumstances. + (18) Recovered material.--The term ``recovered material'' + means a material in the form of individual parts that are the + result of-- + (A) the disassembly of a used good into individual + parts; and + (B) the cleaning, inspecting, testing, or other + processing that is necessary for improvement to sound + working condition of such individual parts. + (19) Remanufactured good.--The term ``remanufactured good'' + means a good classified in the HTS under any of chapters 84 + through 90 or under heading 9402, other than a good classified + under heading 8418, 8509, 8510, 8516, or 8703 or subheading + 8414.51, 8450.11, 8450.12, 8508.11, or 8517.11, that-- + (A) is entirely or partially composed of recovered + materials; + (B) has a life expectancy similar to, and performs + in a manner that is the same as or similar to, such a + good when new; and + (C) has a factory warranty similar to that + applicable to such a good when new. + (20) Royalties.--The term ``royalties'' means payments of + any kind, including payments under technical assistance or + similar agreements, made as consideration for the use of, or + right to use, a copyright, literary, artistic, or scientific + work, patent, trademark, design, model, plan, or secret formula + or secret process, excluding payments under technical + assistance or similar agreements that can be related to a + specific service such as-- + (A) personnel training, without regard to where the + training is performed; or + (B) if performed in the territory of one or more + USMCA countries, engineering, tooling, die-setting, + software design and similar computer services, or other + services. + (21) Sales promotion, marketing, and after-sales service + costs.--The term ``sales promotion, marketing, and after-sales + service costs'' means the costs related to sales promotion, + marketing, and after-sales service for the following: + (A) Sales and marketing promotion, media + advertising, advertising and market research, + promotional and demonstration materials, exhibits, + sales conferences, trade shows, conventions, banners, + marketing displays, free samples, sales, marketing, and + after-sales service literature (product brochures, + catalogs, technical literature, price lists, service + manuals, and sales aid information), establishment and + protection of logos and trademarks, sponsorships, + wholesale and retail charges, and entertainment. + (B) Sales and marketing incentives, consumer, + retailer, or wholesaler rebates, and merchandise + incentives. + (C) Salaries and wages, sales commissions, bonuses, + benefits (such as medical, insurance, and pension + benefits), traveling and living expenses, and + membership and professional fees for sales promotion, + marketing, and after-sales service personnel. + (D) Product liability insurance. + (E) Rent and depreciation of sales promotion, + marketing, and after-sales service offices and + distribution centers. + (F) Payments by the producer to other persons for + warranty repairs. + (G) If the costs are identified separately for + sales promotion, marketing, or after-sales service of + goods on the financial statements or cost accounts of + the producer, the following: + (i) Property insurance premiums, taxes, + utilities, and repair and maintenance of sales + promotion, marketing, and after-sales service + offices and distribution centers. + (ii) Recruiting and training of sales + promotion, marketing, and after-sales service + personnel, and after-sales training of + customers' employees. + (iii) Office supplies for sales promotion, + marketing, and after-sales service of goods. + (iv) Telephone, mail, and other + communications. + (22) Self-produced material.--The term ``self-produced + material'' means a material that is produced by the producer of + a good and used in the production of that good. + (23) Shipping and packing costs.--The term ``shipping and + packing costs'' means the costs incurred in packing a good for + shipment and shipping the good from the point of direct + shipment to the buyer, excluding the costs of preparing and + packaging the good for retail sale. + (24) Territory.--The term ``territory'', with respect to a + USMCA country, has the meaning given that term in section C of + chapter 1 of the USMCA. + (25) Total cost.-- + (A) In general.--The term ``total cost''-- + (i) means all product costs, period costs, + and other costs for a good incurred in the + territory of one or more USMCA countries; and + (ii) does not include-- + (I) profits that are earned by the + producer of the good, regardless of + whether the costs are retained by the + producer or paid out to other persons + as dividends; or + (II) taxes paid on those profits, + including capital gains taxes. + (B) Other definitions.--In this paragraph: + (i) Other costs.--The term ``other costs'' + means all costs recorded on the books of the + producer that are not product costs or period + costs, such as interest. + (ii) Period costs.--The term ``period + costs'' means costs, other than product costs, + that are expensed in the period in which they + are incurred, such as selling expenses and + general and administrative expenses. + (iii) Product costs.--The term ``product + costs'' means costs that are associated with + the production of a good, including the value + of materials, direct labor costs, and direct + overhead. + (26) Transaction value.--The term ``transaction value'' + means the price-- + (A) actually paid or payable for a good or material + with respect to a transaction of a producer; and + (B) adjusted in accordance with the principles set + forth in paragraphs 1, 3, and 4 of article 8 of the + Customs Valuation Agreement. + (27) USMCA country.--The term ``USMCA country'' means the + United States, Canada, or Mexico for such time as the USMCA is + in force with respect to Canada or Mexico, and the United + States applies the USMCA to Canada or Mexico. + (28) Value.--The term ``value'' means the value of a good + or material for purposes of calculating customs duties or + applying this section. + (b) Application and Interpretation.--In this section: + (1) Tariff classification.--The basis for any tariff + classification is the HTS. + (2) Reference to hts.--Whenever in this section there is a + reference to a chapter, heading, or subheading, that reference + shall be a reference to a chapter, heading, or subheading of + the HTS. + (3) Cost or value.--Any cost or value referred to in this + section with respect to a good shall be recorded and maintained + in accordance with the generally accepted accounting principles + applicable in the territory of the USMCA country in which the + good is produced. + (c) Originating Goods.-- + (1) In general.--For purposes of this Act and for purposes + of implementing the preferential tariff treatment provided for + under the USMCA, except as otherwise provided in this section, + a good is an originating good if-- + (A) the good is a good wholly obtained or produced + entirely in the territory of one or more USMCA + countries; + (B) the good is produced entirely in the territory + of one or more USMCA countries using nonoriginating + materials, if the good satisfies all applicable + requirements set forth in Annex 4-B of the USMCA; or + (C) the good is produced entirely in the territory + of one or more USMCA countries, exclusively from + originating materials; + (D) except for a good provided for under any of + chapters 61 through 63-- + (i) the good is produced entirely in the + territory of one or more USMCA countries; + (ii) one or more of the nonoriginating + materials provided for as parts under the HTS + and used in the production of the good do not + satisfy the requirements set forth in Annex 4-B + of the USMCA because-- + (I) both the good and its materials + are classified under the same + subheading or under the same heading + that is not further subdivided into + subheadings; or + (II) the good was imported into the + territory of a USMCA country in an + unassembled form or a disassembled form + but was classified as an assembled good + pursuant to rule 2(a) of the General + Rules of Interpretation of the HTS; and + (iii) the regional value content of the + good is not less than 60 percent if the + transaction value method is used, or not less + than 50 percent if the net cost method is used + and the good satisfies all other applicable + requirements of this section; or + (E) the good itself, as imported, is listed in + table 2.10.1 of the USMCA and is imported into the + territory of the United States from the territory of a + USMCA country. + (2) Remanufactured goods.--For purposes of determining + whether a remanufactured good is an originating good, a + recovered material derived in the territory of one or more + USMCA countries shall be treated as originating if the + recovered material is used or consumed in the production of, + and incorporated into, the remanufactured good. + (d) Regional Value Content.-- + (1) In general.--Except as provided in paragraph (5), for + purposes of subparagraphs (B) and (D) of subsection (c)(1), the + regional value content of a good shall be calculated, at the + choice of the importer, exporter, or producer of the good, on + the basis of-- + (A) the transaction value method described in + paragraph (2); or + (B) the net cost method described in paragraph (3). + (2) Transaction value method.-- + (A) In general.--An importer, exporter, or producer + of a good may calculate the regional value content of + the good on the basis of the following transaction + value method: + + + TV-VNM ...................... +RVC = ---------- x 100 + TV ...................... + + + (B) Definitions.--In this paragraph: + (i) RVC.--The term ``RVC'' means the + regional value content of the good, expressed + as a percentage. + (ii) TV.--The term ``TV'' means the + transaction value of the good, adjusted to + exclude any costs incurred in the international + shipment of the good. + (iii) VNM.--The term ``VNM'' means the + value of nonoriginating materials used by the + producer in the production of the good. + (3) Net cost method.-- + (A) In general.--An importer, exporter, or producer + of a good may calculate the regional value content of + the good on the basis of the following net cost method: + + + NC-VNM ...................... +RVC = ---------- x 100 + NC ...................... + + + (B) Definitions.--In this paragraph: + (i) NC.--The term ``NC'' means the net cost + of the good. + (ii) RVC.--The term ``RVC'' means the + regional value content of the good, expressed + as a percentage. + (iii) VNM.--The term ``VNM'' means the + value of nonoriginating materials used by the + producer in the production of the good. + (4) Value of nonoriginating materials.-- + (A) In general.--The value of nonoriginating + materials used by the producer in the production of a + good shall not, for purposes of calculating the + regional value content of the good under paragraph (2) + or (3), include the value of nonoriginating materials + used or consumed to produce originating materials that + are subsequently used or consumed in the production of + the good. + (B) Special rule for certain components.--The + following components of the value of nonoriginating + materials used by the producer in the production of a + good may be counted as originating content for purposes + of determining whether the good meets the regional + value content requirement set forth in Annex 4-B of the + USMCA: + (i) The value of processing the + nonoriginating materials undertaken in the + territory of one or more USMCA countries. + (ii) The value of any originating materials + used or consumed in the production of the + nonoriginating materials undertaken in the + territory of one or more USMCA countries. + (5) Net cost method required in certain cases.--An + importer, exporter, or producer of a good shall calculate the + regional value content of the good solely on the basis of the + net cost method described in paragraph (3) if the rule for the + good set forth in Annex 4-B of the USMCA includes a regional + value content requirement not based on the transaction value + method described in paragraph (2). + (6) Net cost method allowed for adjustments.-- + (A) In general.--If an importer, exporter, or + producer of a good calculates the regional value + content of the good on the basis of the transaction + value method described in paragraph (2) and a USMCA + country subsequently notifies the importer, exporter, + or producer, during the course of a verification + conducted in accordance with chapter 5 or 6 of the + USMCA, that the transaction value of the good or the + value of any material used in the production of the + good must be adjusted or is unacceptable under article + 1 of the Customs Valuation Agreement, the importer, + exporter, or producer may calculate the regional value + content of the good on the basis of the net cost + method. + (B) Review of adjustment.--Nothing in subparagraph + (A) shall be construed to prevent any review or appeal + available in accordance with article 5.15 of the USMCA + with respect to an adjustment to or a rejection of-- + (i) the transaction value of a good; or + (ii) the value of any material used in the + production of a good. + (7) Calculating net cost.--The producer of a good may, + consistent with regulations implementing this section, + calculate the net cost of the good under paragraph (3) by-- + (A) calculating the total cost incurred with + respect to all goods produced by that producer, + subtracting any sales promotion, marketing, and after- + sales services costs, royalties, shipping and packing + costs, and nonallowable interest costs that are + included in the total cost of those goods, and then + reasonably allocating the resulting net cost of those + goods to the good; + (B) calculating the total cost incurred with + respect to all goods produced by that producer, + reasonably allocating the total cost to the good, and + subtracting any sales promotion, marketing, and after- + sales service costs, royalties, shipping and packing + costs, and nonallowable interest costs, that are + included in the portion of the total cost allocated to + the good; or + (C) reasonably allocating each cost that is part of + the total cost incurred with respect to the good so + that the aggregate of those costs does not include any + sales promotion, marketing, and after-sales service + costs, royalties, shipping and packing costs, and + nonallowable interest costs. + (8) Value of materials used in production.--For purposes of + calculating the regional value content of a good under this + subsection, applying the de minimis rules under subsection (f), + and calculating the value of nonoriginating components in a set + under subsection (m), the value of a material used in the + production of a good is-- + (A) in the case of a material that is imported by + the producer of the good, the transaction value of the + material at the time of importation, including the + costs incurred in the international shipment of the + material; + (B) in the case of a material acquired in the + territory in which the good is produced-- + (i) the price paid or payable by the + producer in the USMCA country where the + producer is located; + (ii) the value as determined under + subparagraph (A), as set forth in regulations + prescribed by the Secretary of the Treasury + providing for the application of transaction + value in the absence of an importation by the + producer; or + (iii) the earliest ascertainable price paid + or payable in the territory of the country; or + (C) in the case of a self-produced material, the + sum of-- + (i) all expenses incurred in the production + of the material, including general expenses; + and + (ii) an amount for profit equivalent to the + profit added in the normal course of trade or + equal to the profit that is usually reflected + in the sale of goods of the same class or kind + as the material. + (9) Intermediate materials.-- + (A) In general.--Any self-produced material that is + used in the production of a good may be designated by + the producer of the good as an intermediate material + for purposes of calculating the regional value content + of the good under paragraph (2) or (3). + (B) Materials used in production of intermediate + materials.--If a self-produced material is designated + as an intermediate material under subparagraph (A) for + purposes of calculating a regional value content + requirement, no other self-produced material subject to + a regional value content requirement used or consumed + in the production of that intermediate material may be + designated by the producer as an intermediate material. + (10) Further adjustments to value of materials.--The + following expenses, if included in the value of a + nonoriginating material calculated under paragraph (8), may be + deducted from the value of the nonoriginating material: + (A) The costs of freight, insurance, packing, and + all other costs incurred in transporting the material + to the location of the producer. + (B) Duties, taxes, and customs brokerage fees on + the material paid in the territory of one or more USMCA + countries, other than duties or taxes that are waived, + refunded, refundable, or otherwise recoverable, + including credit against duty or tax paid or payable. + (C) The cost of waste and spoilage resulting from + the use of the material in the production of the good, + less the value of renewable scrap or byproducts. + (e) Accumulation.-- + (1) Producers.--A good that is produced in the territory of + one or more USMCA countries, by one or more producers, is an + originating good if the good satisfies the requirements of + subsection (c) and all other applicable requirements of this + section. + (2) Originating materials used in production of goods of a + usmca country.--Originating materials from the territory of one + or more USMCA countries that are used in the production of a + good in the territory of another USMCA country shall be + considered to originate in the territory of such other USMCA + country. + (3) Production undertaken on nonoriginating materials used + in the production of goods.--In determining whether a good is + an originating good under this section, production undertaken + on nonoriginating material in the territory of one or more + USMCA countries by one or more producers shall contribute to + the originating status of the good, regardless of whether that + production is sufficient to confer originating status to the + nonoriginating material. + (f) De Minimis Amounts of Nonoriginating Materials.-- + (1) In general.--Except as provided in paragraphs (2) + through (4), a good that does not undergo a change in tariff + classification or satisfy a regional value content requirement + set forth in Annex 4-B of the USMCA is an originating good if-- + (A) the value of all nonoriginating materials that + are used in the production of the good, and do not + undergo the applicable change in tariff classification + set forth in Annex 4-B of the USMCA-- + (i) does not exceed 10 percent of the + transaction value of the good, adjusted to + exclude any costs incurred in the international + shipment of the good; or + (ii) does not exceed 10 percent of the + total cost of the good; + (B) the good meets all other applicable + requirements of this section; and + (C) the value of such nonoriginating materials is + included in the value of nonoriginating materials for + any applicable regional value content requirement for + the good. + (2) Exceptions for dairy and other products.--Paragraph (1) + does not apply to the following: + (A) A nonoriginating material of headings 0401 + through 0406, or a nonoriginating dairy preparation + containing over 10 percent by dry weight of milk solids + of subheading 1901.90 or 2106.90, used or consumed in + the production of a good of headings 0401 through 0406. + (B) A nonoriginating material of headings 0401 + through 0406, or nonoriginating dairy preparation + containing over 10 percent by dry weight of milk solids + of subheading 1901.90 or 2106.90, used or consumed in + the production of any of the following goods: + (i) Infant preparations containing over 10 + percent by dry weight of milk solids, of + subheading 1901.10. + (ii) Mixes and doughs containing over 25 + percent by dry weight of butterfat, not put up + for retail sale, of subheading 1901.20. + (iii) A dairy preparation containing over + 10 percent by dry weight of milk solids, of + subheading 1901.90 or 2106.90. + (iv) A good of heading 2105. + (v) Beverages containing milk of subheading + 2202.90. + (vi) Animal feeds containing over 10 + percent by dry weight of milk solids of + subheading 2309.90. + (C) A nonoriginating material of heading 0805, or + any of subheadings 2009.11 through 2009.39, used or + consumed in the production of a good of subheadings + 2009.11 through 2009.39, or a fruit or vegetable juice + of any single fruit or vegetable, fortified with + minerals or vitamins, concentrated or unconcentrated, + of subheading 2106.90 or 2202.90. + (D) A nonoriginating material of chapter 9 used or + consumed in the production of instant coffee, not + flavored, of subheading 2101.11. + (E) A nonoriginating material of chapter 15 used or + consumed in the production of a good of heading 1507, + 1508, 1512, 1514, or 1515. + (F) A nonoriginating material of heading 1701 used + or consumed in the production of a good of any of + headings 1701 through 1703. + (G) A nonoriginating material of chapter 17 or + heading 1805 used in the production of a good of + subheading 1806.10. + (H) Nonoriginating peaches, pears, or apricots of + chapter 8 or 20, used in the production of a good of + heading 2008. + (I) A nonoriginating single juice ingredient of + heading 2009 used or consumed in the production of a + good of-- + (i) subheading 2009.90, or tariff item + 2106.90.54 (concentrated mixtures of fruit or + vegetable juice, fortified with minerals or + vitamins); or + (ii) tariff item 2202.99.37 (mixtures of + fruit or vegetable juices, fortified with + minerals or vitamins). + (J) A nonoriginating material of any of headings + 2203 through 2208 used or consumed in the production of + a good provided for under heading 2207 or 2208. + (3) Goods provided for under chapters 1 through 27.-- + Paragraph (1) does not apply to a nonoriginating material used + or consumed in the production of a good provided for in + chapters 1 through 27 unless the nonoriginating material is + provided for in a different subheading than the subheading of + the good for which origin is being determined. + (4) Textile or apparel goods.-- + (A) Goods classified under chapters 50 through + 60.--Except as provided in subparagraph (C), a textile + or apparel good provided for in any of chapters 50 + through 60 or heading 9619 that is not an originating + good because certain nonoriginating materials used in + the production of the good do not undergo an applicable + change in tariff classification set forth in Annex 4-B + of the USMCA, shall be considered to be an originating + good if the total weight of all such materials, + including elastomeric yarns, is not more than 10 + percent of the total weight of the good and the good + meets all other applicable requirements of this + section. + (B) Goods classified under chapters 61 through + 63.--Except as provided in subparagraph (C), a textile + or apparel good provided for in chapter 61, 62, or 63 + that is not an originating good because certain fibers + or yarns used in the production of the component of the + good that determines the tariff classification of the + good do not undergo an applicable change in tariff + classification set forth in Annex 4-B of the USMCA + shall be considered to be an originating good if the + total weight of all such fibers or yarns in the + component, including elastomeric yarns, is not more + than 10 percent of the total weight of the component + and the good meets all other applicable requirements of + this section. + (C) Goods containing nonoriginating elastomeric + yarns.-- + (i) Goods classified under chapters 50 + through 60 or heading 9619 .--A textile or + apparel good described in subparagraph (A) + containing nonoriginating elastomeric yarns + shall be considered to be an originating good + only if the nonoriginating elastomeric yarns + contained in the good do not exceed 7 percent + of the total weight of the good. + (ii) Goods classified under chapters 61 + through 63.--A textile or apparel good + described in subparagraph (B) containing + nonoriginating elastomeric yarns shall be + considered to be an originating good only if + the nonoriginating elastomeric yarns contained + in the component of the good that determines + the tariff classification of the good do not + exceed 7 percent of the total weight of the + good. + (g) Fungible Goods and Materials.-- + (1) Fungible materials used in production.--Subject to + paragraph (3), if originating and nonoriginating fungible + materials are used or consumed in the production of a good, the + determination of whether the materials are originating may be + made on the basis of any of the inventory management methods + set forth in regulations implementing this section. + (2) Fungible goods commingled and exported.--Subject to + paragraph (3), if originating and nonoriginating fungible goods + are commingled and exported in the same form, the determination + of whether the goods are originating may be made on the basis + of any of the inventory management methods set forth in + regulations implementing this section. + (3) Use of inventory management method.--A person that + selects an inventory management method for purposes of + paragraph (1) or (2) shall use that inventory management method + throughout the fiscal year of the person. + (h) Accessories, Spare Parts, Tools, and Instructional or Other +Information Materials.-- + (1) In general.--Subject to paragraph (2), accessories, + spare parts, tools, or instructional or other information + materials delivered with a good shall-- + (A) be treated as originating if the good is an + originating good; + (B) be disregarded in determining whether a good is + a good wholly obtained or produced entirely in the + territory of one or more USMCA countries or satisfies a + process or change in tariff classification set forth in + Annex 4-B of the USMCA; and + (C) be taken into account as originating or + nonoriginating materials, as the case may be, in + calculating any applicable regional value content of + the good set forth in Annex 4-B of the USMCA. + (2) Conditions.--Paragraph (1) shall apply only if-- + (A) the accessories, spare parts, tools, or + instructional or other information materials are + classified with and delivered with, but not invoiced + separately from, the good; and + (B) the types, quantities, and value of the + accessories, spare parts, tools, or instructional or + other information materials are customary for the good. + (i) Packaging Materials and Containers for Retail Sale.--Packaging +materials and containers in which a good is packaged for retail sale, +if classified with the good, shall be disregarded in determining +whether all of the nonoriginating materials used in the production of +the good undergo the applicable process or change in tariff +classification requirement set forth in Annex 4-B of the USMCA, or +whether the good is a good wholly obtained or produced entirely in the +territory of one or more USMCA countries. If the good is subject to a +regional value content requirement set forth in that Annex, the value +of such packaging materials and containers shall be taken into account +as originating or nonoriginating materials, as the case may be, in +calculating the regional value content of the good. + (j) Packing Materials and Containers for Shipment.--Packing +materials and containers for shipment shall be disregarded in +determining whether a good is an originating good. + (k) Indirect Materials.--An indirect material shall be treated as +an originating material without regard to where it is produced. + (l) Transit and Transshipment.--A good that has undergone +production necessary to qualify as an originating good under subsection +(c) shall not be considered to be an originating good if, subsequent to +that production, the good-- + (1) undergoes further production or any other operation + outside the territory of a USMCA country, other than-- + (A) unloading, reloading, separation from a bulk + shipment, storing, labeling, or marking, as required by + a USMCA country; or + (B) any other operation necessary to preserve the + good in good condition or to transport the good to the + territory of the importing USMCA country; or + (2) does not remain under the control of customs + authorities in a country other than a USMCA country. + (m) Goods Classifiable as Goods Put Up in Sets.-- + (1) Goods other than textile or apparel goods.-- + Notwithstanding the rules set forth in Annex 4-B of the USMCA, + goods classifiable as goods put up in sets for retail sale as + provided for in rule 3 of the General Rule of Interpretation of + the HTS shall not be considered to be originating goods + unless-- + (A) each of the goods in the set is an originating + good; or + (B) the total value of the nonoriginating goods in + the set does not exceed 10 percent of the value of the + set. + (2) Textile or apparel goods.--Notwithstanding the rules + set forth in Annex 4-B of the USMCA, goods classifiable as + goods put up in sets for retail sale as provided for in rule 3 + of the General Rule of Interpretation of the HTS shall not be + considered to be originating goods unless-- + (A) each of the goods in the set is an originating + good; or + (B) the total value of the nonoriginating goods in + the set does not exceed 10 percent of the value of the + set. + (n) Nonqualifying Operations.--A good shall not be considered to be +an originating good merely by reason of-- + (1) mere dilution with water or another substance that does + not materially alter the characteristics of the good; or + (2) any production or pricing practice with respect to + which it may be demonstrated, by a preponderance of the + evidence, that the object of the practice was to circumvent + this section. + (o) Effective Date.-- + (1) In general.--This section shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to a good entered for + consumption, or withdrawn from warehouse for + consumption, on or after that date. + (2) Transition from nafta treatment.--Section 202 of the + North American Free Trade Agreement Implementation Act (19 + U.S.C. 3332), as in effect on the day before the date on which + the USMCA enters into force, shall continue to apply on and + after that date with respect to a good entered for consumption, + or withdrawn from warehouse for consumption, before that date. + +SEC. 202A. SPECIAL RULES FOR AUTOMOTIVE GOODS. + + (a) Definitions.--In this section: + (1) Alternative staging regime.--The term ``alternative + staging regime'' means the application, pursuant to subsection + (d), of the requirements of article 8 of the automotive + appendix to the production of covered vehicles to allow + producers of such vehicles to bring such production into + compliance with the requirements of articles 2 through 7 of + that appendix. + (2) Alternative staging regime period.--The term + ``alternative staging regime period'' means the period during + which the alternative staging regime is in effect. + (3) Automotive appendix.--The term ``automotive appendix'' + means the Appendix to Annex 4-B of the USMCA (relating to the + product-specific rules of origin for automotive goods). + (4) Automotive good.--The term ``automotive good'' means-- + (A) a covered vehicle; or + (B) a part, component, or material listed in table + A.1, A.2, B, C, D, or E of the automotive appendix. + (5) Automotive rules of origin.--The term ``automotive + rules of origin'' means the rules of origin for automotive + goods set forth in the automotive appendix. + (6) Commissioner.--The term ``Commissioner'' means the + Commissioner of U.S. Customs and Border Protection. + (7) Covered vehicle.--The term ``covered vehicle'' means a + passenger vehicle, light truck, or heavy truck. + (8) Interagency committee.--The term ``interagency + committee'' means the interagency committee established under + subsection (b)(1). + (9) Passenger vehicle; light truck; heavy truck.--The terms + ``passenger vehicle'', ``light truck'', and ``heavy truck'' + have the meanings given those terms in article 1 of the + automotive appendix. + (10) USMCA country.--The term ``USMCA country'' means the + United States, Canada, or Mexico for such time as the USMCA is + in force with respect to Canada or Mexico, and the United + States applies the USMCA to Canada or Mexico. + (b) Establishment of Interagency Committee.-- + (1) In general.--Not later than 30 days after the date of + the enactment of this Act, the President shall establish an + interagency committee-- + (A) to provide advice, as appropriate, on the + implementation, enforcement, and modification of + provisions of the USMCA that relate to automotive + goods, including the alternative staging regime; and + (B) to review the operation of the USMCA with + respect to trade in automotive goods, including-- + (i) the economic effects of the automotive + rules of origin on the United States economy, + workers, and consumers; and + (ii) the impact of new technology on such + rules of origin. + (2) Members.--The members of the interagency committee + shall be the following: + (A) The Trade Representative. + (B) The Secretary of Commerce. + (C) The Commissioner. + (D) The Secretary of Labor. + (E) The Chair of the International Trade + Commission. + (F) Any other members determined to be necessary by + the Trade Representative. + (3) Chair.--The chair of the interagency committee shall be + the Trade Representative. + (4) Use of information.-- + (A) Information sharing.--Notwithstanding any other + provision of law, the members of the interagency + committee may exchange information for purposes of + carrying out this section. + (B) Confidentiality of information.--The + interagency committee and any Federal agency + represented on the interagency committee may not + disclose to the public any confidential documents or + information received in the course of carrying out this + section, except information aggregated to preserve + confidentiality and used in the reports described in + subsection (g). + (c) Certification Requirements.-- + (1) Certification relating to labor value content + requirements.-- + (A) In general.--A covered vehicle shall be + eligible for preferential tariff treatment only if the + producer of the covered vehicle-- + (i) provides a certification to the + Commissioner that the production of covered + vehicles by the producer meets the labor value + content requirements, including the high-wage + material and manufacturing expenditures, high- + wage technology expenditures, and high-wage + assembly expenditures, as set forth in article + 7 of the automotive appendix or, if the + producer is subject to the alternative staging + regime, articles 7 and 8 of that appendix, and + includes the calculations of the producer + related to the labor value content + requirements; and + (ii) has information on record to support + those calculations. + (B) Implementation.--For purposes of meeting the + requirements under subparagraph (A)-- + (i) the Secretary of Labor, in consultation + with the Commissioner, shall ensure that the + certification of a producer under subparagraph + (A)(i) does not contain omissions or errors + before the certification is considered properly + filed; and + (ii) a calculation described in + subparagraph (A)(i) based on a producer's + preceding fiscal or calendar year is valid for + the producer's subsequent fiscal or calendar + year, as the case may be, as set forth in + articles 7 and 8 of the automotive appendix. + (C) Regulations required.--The Secretary of the + Treasury, in consultation with the Secretary of Labor, + shall prescribe regulations to carry out this + paragraph, including regulations setting forth the + procedures and requirements for a producer of covered + vehicles to establish that the producer meets the labor + value content requirements for preferential tariff + treatment. + (2) Certification relating to steel and aluminum purchase + requirements.-- + (A) In general.--A covered vehicle shall be + eligible for preferential tariff treatment only if the + producer of the covered vehicle-- + (i) provides a certification to the + Commissioner that the production of covered + vehicles by the producer meets the steel and + aluminum purchase requirements set forth in + article 6 of the automotive appendix or, if the + producer is subject to the alternative staging + regime, articles 6 and 8 of that appendix; and + (ii) has information on record to support + the calculations relied on for the + certification. + (B) Implementation.--For purposes of meeting the + requirements under subparagraph (A)-- + (i) the Commissioner shall ensure that the + certification of a producer under subparagraph + (A)(i) does not contain omissions or errors + before the certification is considered properly + filed; and + (ii) a calculation described in + subparagraph (A)(ii) based on a producer's + preceding fiscal or calendar year is valid for + the producer's subsequent fiscal or calendar + year, as the case may be, as set forth in + articles 6 and 8 of the automotive appendix. + (C) Regulations required.--The Secretary of the + Treasury shall prescribe regulations to carry out this + paragraph, including regulations setting forth the + procedures and requirements for a producer of covered + vehicles to establish that the producer meets the steel + and aluminum purchase requirements for preferential + tariff treatment. + (d) Alternative Staging Regime.-- + (1) Publication of requirements.--Not later than 90 days + after the date of the enactment of this Act, the Trade + Representative, in consultation with the interagency committee, + shall publish in the Federal Register requirements, procedures, + and guidance required to implement the alternative staging + regime, including with respect to the following: + (A) The procedures, calculation methodology, + timeframe, specific regional value content thresholds, + and other minimum requirements, consistent with article + 8 of the automotive appendix, with which a producer of + covered vehicles subject to the alternative staging + regime is required to comply during the alternative + staging regime period for such vehicles to be eligible + for preferential tariff treatment pursuant to the + alternative staging regime. + (B) The date by which requests for the alternative + staging regime are required to be submitted. + (C) The information a producer of passenger + vehicles or light trucks is required to provide, in the + producer's request to use the alternative staging + regime, to demonstrate the actions that the producer + will take to be prepared to meet all the requirements + set forth in articles 2 through 7 of the automotive + appendix after the alternative staging regime period + has expired, including the following: + (i) A statement identifying which of the + requirements set forth in articles 2 through 7 + of the automotive appendix that the producer + expects it will be unable to meet upon entry + into force of the USMCA based on current + business plans. + (ii) A statement indicating whether the + passenger vehicles or light trucks for which + the producer seeks to use the alternative + staging regime account for 10 percent or less, + or more than 10 percent, of the total + production of passenger vehicles or light + trucks, as the case may be, in USMCA countries + by the producer during the 12-month period + preceding the date on which the USMCA enters + into force, or the average of such production + during the 36-month period preceding that date, + whichever is greater. + (iii) In the case of a producer that seeks + to use the alternative staging regime for more + than 10 percent of the producer's total + production of passenger vehicles or light + trucks, as the case may be, in USMCA + countries-- + (I) a detailed and credible plan + describing with specificity the actions + the producer intends to take to bring + production of the passenger vehicles or + light trucks, as the case may be, into + compliance with the requirements set + forth in articles 2 through 7 of the + automotive appendix after the + alternative staging regime period + expires; and + (II) a statement indicating the + time period for which the producer is + requesting to use the alternative + staging regime, if that time period is + greater than 5 years after the USMCA + enters into force. + (D) The procedures for accepting and reviewing + requests for the alternative staging regime, including + that the Trade Representative will-- + (i) notify a producer of any deficiencies + in the request of the producer that would + result in a denial of the request not later + than 30 days after the request is submitted; + and + (ii) provide producers the opportunity to + submit supplemental information. + (E) The criteria the Trade Representative, in + consultation with the interagency committee, will + consider when determining whether to approve a request + for the alternative staging regime. Such criteria shall + only include elements necessary for the producer to + demonstrate the producer's ability to meet the + requirements specified in subparagraphs (A) and (B). + The criteria shall also describe the information to + meet those requirements in sufficient detail to allow + the producer to identify the information necessary to + complete a request for the alternative staging regime. + (F) The opportunity for a producer described in + subparagraph (C)(iii) to modify the producer's request + for the alternative staging regime. + (2) Review of requests for alternative staging regime.-- + (A) In general.--In reviewing the request of a + producer of passenger vehicles or light trucks for the + alternative staging regime, the Trade Representative, + in consultation with the interagency committee, shall + determine-- + (i) whether the request covers 10 percent + or less, or more than 10 percent, of the + production of passenger vehicles or light + trucks in USMCA countries by the producer; and + (ii) whether the producer has identified + with specificity which of the requirements set + forth in articles 2 through 7 of the automotive + appendix the producer is unable to meet based + on current business plans. + (B) Approval of alternative staging regime for + passenger vehicle or light truck production not + exceeding 10 percent of north american production.--The + Trade Representative shall authorize the use of the + alternative staging regime if the Trade Representative, + in consultation with the interagency committee, + determines that-- + (i) the request for the alternative staging + regime covers passenger vehicles or light + trucks that do not exceed 10 percent of the + production of passenger vehicles or lights + trucks, as the case may be, in USMCA countries + by the producer; and + (ii) the producer has identified with + specificity which of the requirements set forth + in articles 2 through 7 of the automotive + appendix the producer is unable to meet based + on current business plans. + (C) Approval of alternative staging regime for + passenger vehicle or light truck production exceeding + 10 percent of north american production.--The Trade + Representative shall authorize the use of the + alternative staging regime if the Trade Representative, + in consultation with the interagency committee, + determines that-- + (i) the request for the alternative staging + regime covers more than 10 percent of the + production of passenger vehicles or lights + trucks, as the case may be, in USMCA countries + by the producer; + (ii) the producer has identified with + specificity which of the requirements set forth + in articles 2 through 7 of the automotive + appendix the producer is unable to meet based + on current business plans; and + (iii) the detailed and credible plan of the + producer submitted under paragraph (1)(C)(iii) + is based on substantial evidence and reasonably + calculated to bring the production of the + passenger vehicles or light trucks, as the case + may be, into compliance with the requirements + set forth in articles 2 through 7 of the + automotive appendix after the alternative + staging regime period has expired. + (3) Procedures related to reviewing and approving + requests.-- + (A) Deadline for review.--Not later than 120 days + after receiving a request of a producer for the + alternative staging regime, the Trade Representative, + in consultation with the interagency committee, shall-- + (i) review the request; + (ii) make a determination with respect to + whether to authorize the use of the alternative + staging regime; and + (iii) provide to each producer a response + in writing stating whether the producer may use + the alternative staging regime. + (B) Establishment of a public list.--The Trade + Representative shall maintain, and update as necessary, + a public list of the producers of covered vehicles that + have been authorized to use the alternative staging + regime. + (C) Reporting.--Before a determination is made with + respect to whether to authorize the use of the + alternative staging regime, the Trade Representative + shall provide to the appropriate congressional + committees a summary of requests for the alternative + staging regime. + (4) Alternative staging regime review and modification.-- + (A) Material changes to circumstances.-- + (i) Notification.--If the request of a + producer to use the alternative staging regime + for more than 10 percent of the total + production of passenger vehicles or light + trucks, as the case may be, in USMCA countries + by the producer has been granted, the producer + shall notify the Trade Representative and the + interagency committee of any material changes + to the information contained in the request, + including any supplemental information relating + to that request, and of any material changes to + circumstances, that will affect the producer's + ability to meet any of the requirements set + forth in articles 2 through 7 of the automotive + appendix after the alternative staging regime + period has expired. + (ii) Requests for modification of plans.-- + (I) In general.--A producer that + submits a notification under clause (i) + with respect to a change described in + that clause may submit to the Trade + Representative and the interagency + committee a request for modification of + its plan. + (II) Determination regarding + modification.--Not later than 90 days + after receiving a request submitted + under subclause (I), the Trade + Representative, in consultation with + the interagency committee, shall-- + (aa) review the request; + (bb) make a determination + with respect to whether the + modified plan is based on + substantial evidence and + reasonably calculated to ensure + that the producer will still be + able to meet the requirements + set forth in articles 2 through + 7 of the automotive appendix + after the alternative staging + regime period has expired; + (cc) if the Trade + Representative makes an + affirmative determination under + item (bb), approve the modified + plan; and + (dd) notify the producer in + writing of the determination. + (iii) Inability to meet requirements.--If + the Trade Representative, in consultation with + the interagency committee, determines that the + information provided by a producer under clause + (i) demonstrates that the producer will no + longer be able to meet the requirements set + forth in articles 2 through 7 of the automotive + appendix after the alternative staging regime + period has expired, the Trade Representative + shall notify the producer in writing, and no + claim for preferential tariff treatment may be + made, on or after the date of the + determination, with respect to a covered + vehicle of the producer pursuant to the + alternative staging regime. + (5) Failure to meet requirements for alternative staging + regime.-- + (A) In general.--If, at any time, the Trade + Representative, in consultation with the interagency + committee, makes a determination described in + subparagraph (B) with respect to a producer of covered + vehicles subject to the alternative staging regime-- + (i) any claim for preferential tariff + treatment under the alternative staging regime + for any covered vehicle of that producer shall + be considered invalid; and + (ii) notwithstanding the finality of a + liquidation of an entry, the importer of any + covered vehicle of that producer shall be + liable for the duties, taxes, and fees that + would have been applicable to that vehicle if + preferential tariff treatment pursuant to the + alternative staging regime had not applied when + the vehicle was entered for consumption, or + withdrawn from warehouse for consumption, plus + interest assessed on or after the date of entry + and before the date of the determination. + (B) Determination described.--A determination + described in this subparagraph is a determination that + a producer of covered vehicles subject to the + alternative staging regime-- + (i) has failed to take the steps set forth + in the producer's request for the alternative + staging regime and, as a result of that + failure, the producer will no longer be able to + meet the requirements set forth in articles 2 + through 7 of the automotive appendix after the + alternative staging regime period has expired; + (ii) has provided false or misleading + information in the producer's request; or + (iii) in the case of a producer authorized + to use the alternative staging regime for more + than 10 percent of the total production of + passenger vehicles or light trucks in USMCA + countries by the producer, has failed to notify + the Trade Representative under paragraph (4)(A) + of material changes to circumstances that will + prevent the producer from meeting any of the + requirements set forth in articles 2 through 7 + of the automotive appendix after the + alternative staging regime period has expired. + (e) Verification of Labor Value Content Requirements.-- + (1) In general.--As part of a verification conducted under + section 207, the Secretary of the Treasury, in conjunction with + the Secretary of Labor, may conduct a verification of whether a + covered vehicle complies with the labor value content + requirements set forth in article 7 of the automotive appendix + or, if the producer is subject to the alternative staging + regime under subsection (d), articles 7 and 8 of that appendix. + (2) Role of secretary of labor.--In cooperation with the + Secretary of the Treasury, the Secretary of Labor shall + participate in any verification conducted under paragraph (1) + by verifying whether the production of covered vehicles by a + producer meets the high-wage components of the labor value + content requirements, including the wage component of the high- + wage material and manufacturing expenditures, the high-wage + technology expenditures, and the high-wage assembly + expenditures, within the meaning given those terms in article 7 + of that appendix. + (3) Role of secretary of the treasury.--The Secretary of + the Treasury shall participate in any verification conducted + under paragraph (1) by verifying-- + (A) the components of the labor value content + requirements not covered by paragraph (2), including + the annual purchase value and cost components of the + high-wage material and manufacturing expenditures, + within the meaning given those terms in article 7 of + that appendix; and + (B) whether the producer has met the labor value + content requirements. + (4) Actions by secretary of labor.-- + (A) In general.--In participating in a verification + conducted under paragraph (1), the Secretary of Labor + shall assist the Secretary of the Treasury to do the + following: + (i) Examine, or cause to be examined, upon + reasonable notice, any record (including any + statement, declaration, document, or + electronically generated or machine readable + data) described in the notice with reasonable + specificity. + (ii) Request information from any officer, + employee, or agent of a producer of automotive + goods, as necessary, that may be relevant with + respect to whether the production of covered + vehicles meets the high-wage components of the + labor value content requirements set forth in + article 7 of the automotive appendix or, if the + producer is subject to the alternative staging + regime under subsection (d), articles 7 and 8 + of that appendix. + (B) Nature of information requested.--Records and + information that may be examined or requested under + subparagraph (A) may relate to wages, hours, job + responsibilities, and other information in any plant or + facility relied on by a producer of covered vehicles to + demonstrate that the production of such vehicles by the + producer meets the labor value content requirements set + forth in article 7 of the automotive appendix or, if + the producer is subject to the alternative staging + regime under subsection (d), articles 7 and 8 of that + appendix. + (5) Whistleblower protections.-- + (A) Unlawful acts.--It is unlawful to intimidate, + threaten, restrain, coerce, blacklist, discharge, or in + any other manner discriminate against any person for-- + (i) disclosing information to a Federal + agency or to any person relating to a + verification under this subsection; or + (ii) cooperating or seeking to cooperate in + a verification under this subsection. + (B) Enforcement.--The Secretary of the Treasury and + the Secretary of Labor are authorized to take such + actions under existing law, including imposing + appropriate penalties and seeking appropriate + injunctive relief, as may be necessary to ensure + compliance with this subsection and as provided for in + existing regulations. + (6) Protests of decisions of u.s. customs and border + protection.-- + (A) In general.--If a protest under section 514 of + the Tariff Act of 1930 (19 U.S.C. 1514) of a decision + of U.S. Customs and Border Protection with respect to + the eligibility for preferential tariff treatment of a + covered vehicle relates to the analysis of the + Department of Labor relating to the high-wage + components of the labor value content requirements + described in paragraph (1), the Secretary of Labor + shall-- + (i) conduct an administrative review of the + portion of the decision relating to such + requirements; and + (ii) provide the results of that review to + the Commissioner. + (B) No accelerated disposition.--An importer may + not request the accelerated disposition under section + 515(b) of the Tariff Act of 1930 (19 U.S.C. 1515(b)) of + a protest against a decision of the Commissioner + described in subparagraph (A). + (f) Administration by Department of Labor.--The Secretary of Labor +is authorized to establish or designate an office within the Department +of Labor to carry out the provisions of this section for which the +Department is responsible. + (g) Review and Reports.-- + (1) Periodic review on automotive rules of origin.-- + (A) In general.--The Trade Representative, in + consultation with the interagency committee, shall + conduct a biennial review of the operation of the USMCA + with respect to trade in automotive goods, including-- + (i) to the extent practicable, a summary of + actions taken by producers to demonstrate + compliance with the automotive rules of origin, + use of the alternative staging regime, + enforcement of such rules of origin, and other + relevant matters; and + (ii) whether the automotive rules of origin + are effective and relevant in light of new + technology and changes in the content, + production processes, and character of + automotive goods. + (B) Report.-- + (i) In general.--The Trade Representative + shall submit to the appropriate congressional + committees a report on each review conducted + under subparagraph (A). + (ii) Initial report.--The first report + required under clause (i) shall be submitted + not later than 2 years after the date on which + the USMCA enters into force. + (iii) Termination of reporting + requirement.--The requirement to submit reports + under clause (i) shall terminate on the date + that is 10 years after the date on which the + USMCA enters into force. + (2) Report by international trade commission.--Not later + than one year after the submission of the first report required + by paragraph (1)(B), and every 2 years thereafter until the + date that is 12 years after the date on which the USMCA enters + into force, the International Trade Commission shall submit to + the appropriate congressional committees and the President a + report on-- + (A) the economic impact of the automotive rules of + origin on-- + (i) the gross domestic product of the + United States; + (ii) exports from and imports into the + United States; + (iii) aggregate employment and employment + opportunities in the United States; + (iv) production, investment, use of + productive facilities, and profit levels in the + automotive industries and other pertinent + industries in the United States affected by the + automotive rules of origin; + (v) wages and employment of workers in the + automotive sector in the United States; and + (vi) the interests of consumers in the + United States; + (B) the operation of the automotive rules of origin + and their effects on the competitiveness of the United + States with respect to production and trade in + automotive goods, taking into account developments in + technology, production processes, or other related + matters; + (C) whether the automotive rules of origin are + relevant in light of technological changes in the + United States; and + (D) such other matters as the International Trade + Commission considers relevant to the economic impact of + the automotive rules of origin, including prices, + sales, inventories, patterns of demand, capital + investment, obsolescence of equipment, and + diversification of production in the United States. + (3) Report by comptroller general.--Not later than 4 years + after the date on which the USMCA enters into force, the + Comptroller General of the United States shall submit to the + Committee on Appropriations and the Committee on Ways and Means + of the House of Representatives and the Committee on + Appropriations and the Committee on Finance of the Senate a + report assessing the effectiveness of United States Government + interagency coordination on implementation, enforcement, and + verification of the automotive rules of origin and the customs + procedures of the USMCA with respect to automotive goods. + (4) Public participation.--Before submitting a report under + paragraph (1)(B) or (2), the agency responsible for the report + shall-- + (A) solicit information relating to matters that + will be addressed in the report from producers of + automotive goods, labor organizations, and other + interested parties; + (B) provide for an opportunity for the submission + of comments, orally or in writing, from members of the + public relating to such matters; and + (C) after submitting the report, post a version of + the report appropriate for public viewing on a publicly + available internet website for the agency. + (h) Effective Date.--This section shall-- + (1) take effect on the date of the enactment of this Act; + and + (2) apply with respect to goods entered, or withdrawn from + warehouse for consumption, on or after the date on which the + USMCA enters into force. + +SEC. 203. MERCHANDISE PROCESSING FEE. + + (a) In General.--Section 13031(b)(10) of the Consolidated Omnibus +Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)) is amended by +striking subparagraph (B) and inserting the following: + ``(B) No fee may be charged under paragraph (9) or (10) of +subsection (a) with respect to goods that qualify as originating goods +under section 202 of the United States-Mexico-Canada Agreement +Implementation Act or qualify for duty-free treatment under Annex 6-A +of the USMCA (as defined in section 3 of that Act). Any service for +which an exemption from such fee is provided by reason of this +paragraph may not be funded with money contained in the Customs User +Fee Account.''. + (b) Effective Date.-- + (1) In general.--The amendment made by subsection (a) + shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to a good entered or + released on or after that date. + (2) Transition from nafta treatment.--In the case of a good + entered or released before the date on which the USMCA enters + into force-- + (A) the amendments made by subsection (a) to + section 13031(b)(10)(B) of the Consolidated Omnibus + Budget Reconciliation Act of 1985 (19 U.S.C. + 58c(b)(10)(B)) shall not apply with respect to the + good; and + (B) section 13031(b)(10)(B) of such Act, as in + effect on the day before that date, shall continue to + apply on and after that date with respect to the good. + (3) Entered or released defined.--In this subsection, the + term ``entered or released'' has the meaning given that term in + section 13031(b)(8)(E) of the Consolidated Omnibus Budget + Reconciliation Act of 1985 (19 U.S.C. 58c(b)(8)(E)). + +SEC. 204. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF + ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT. + + (a) Disclosure of Incorrect Information.--Section 592 of the Tariff +Act of 1930 (19 U.S.C. 1592) is amended-- + (1) in subsection (c), by striking paragraph (5) and + inserting the following: + ``(5) Prior disclosure regarding claims under the usmca.-- + An importer shall not be subject to penalties under subsection + (a) for making an incorrect claim that a good qualifies as an + originating good under section 202 of the United States-Mexico- + Canada Agreement Implementation Act if the importer, in + accordance with regulations prescribed by the Secretary of the + Treasury, promptly makes a corrected declaration and pays any + duties owing with respect to that good.''; and + (2) by striking subsection (f) and inserting the following: + ``(f) False Certifications of Origin Under the USMCA.-- + ``(1) In general.--Subject to paragraph (2), it is unlawful + for any person to certify falsely, by fraud, gross negligence, + or negligence, in a USMCA certification of origin (as such term + is defined in section 508 of this Act) that a good exported + from the United States qualifies as an originating good under + the rules of origin provided for in section 202 of the United + States-Mexico-Canada Agreement Implementation Act. The + procedures and penalties of this section that apply to a + violation of subsection (a) also apply to a violation of this + subsection. + ``(2) Prompt and voluntary disclosure of incorrect + information.--No penalty shall be imposed under this subsection + if, promptly after an exporter or producer that issued a USMCA + certification of origin has reason to believe that such + certification contains or is based on incorrect information, + the exporter or producer voluntarily provides written notice of + such incorrect information to every person to whom the + certification was issued. + ``(3) Exception.--A person shall not be considered to have + violated paragraph (1) if-- + ``(A) the information was correct at the time it + was provided in a USMCA certification of origin but was + later rendered incorrect due to a change in + circumstances; and + ``(B) the person promptly and voluntarily provides + written notice of the change in circumstances to all + persons to whom the person provided the + certification.''. + (b) Denial of Preferential Tariff Treatment.--Section 514 of the +Tariff Act of 1930 (19 U.S.C. 1514) is amended-- + (1) in subsection (b), by striking ``and article 1904'' and + all that follows through ``Free-Trade Agreement''; + (2) in subsection (c)-- + (A) in paragraph (1), in the matter following + subparagraph (D), by striking ``section 202 of the + North American Free Trade Agreement Implementation + Act'' and inserting ``section 202 of the United States- + Mexico-Canada Agreement Implementation Act''; and + (B) in paragraph (2)(E)-- + (i) by striking ``section 202 of the North + American Free Trade Agreement Implementation + Act'' and inserting ``section 202 of the United + States-Mexico-Canada Agreement Implementation + Act''; and + (ii) by striking ``NAFTA Certificate of + Origin'' and inserting ``USMCA certification of + origin (as such term is defined in section 508 + of this Act)''; + (3) in subsection (e), by striking ``section 202 of the + North American Free Trade Agreement Implementation Act'' and + inserting ``section 202 of the United States-Mexico-Canada + Agreement Implementation Act''; and + (4) by striking subsection (f) and inserting the following: + ``(f) Denial of Preferential Tariff Treatment Under the USMCA.--If +U.S. Customs and Border Protection or U.S. Immigration and Customs +Enforcement of the Department of Homeland Security finds indications of +a pattern of conduct by an importer, exporter, or producer of false or +unsupported representations that goods qualify under the rules of +origin provided for in section 202 of the United States-Mexico-Canada +Agreement Implementation Act, U.S. Customs and Border Protection, in +accordance with regulations prescribed by the Secretary of the +Treasury, may suspend preferential tariff treatment under the USMCA (as +defined in section 3 of that Act) to entries of identical goods covered +by subsequent representations by that importer, exporter, or producer +until U.S. Customs and Border Protection determines that +representations of that person are in conformity with such section +202.''. + (c) Effective Date.-- + (1) In general.--The amendments made by subsections (a) and + (b) shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to a good entered, or + exported from the United States, as the case may be, on + or after that date. + (2) Transition from nafta treatment.--In the case of a good + entered, or exported from the United States, as the case may + be, before the date on which the USMCA enters into force-- + (A) the amendments made by subsection (a) to + section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) + and the amendments made by subsection (b) to section + 514 of such Act (19 U.S.C. 1514) shall not apply with + respect to the good; and + (B) sections 592 and 514 of such Act, as in effect + on the day before that date, shall continue to apply on + and after that date with respect to the good. + (3) Entered defined.--In this subsection, the term + ``entered'' includes a withdrawal from warehouse for + consumption. + +SEC. 205. RELIQUIDATION OF ENTRIES. + + (a) In General.--Section 520(d) of the Tariff Act of 1930 (19 +U.S.C. 1520(d)) is amended-- + (1) in the matter preceding paragraph (1)-- + (A) by striking ``section 202 of the North American + Free Trade Agreement Implementation Act,''; + (B) by striking ``, or section 203'' and inserting + ``, section 203''; and + (C) by striking ``for which'' and inserting ``, or + section 202 of the United States-Mexico-Canada + Agreement Implementation Act (except with respect to + any merchandise processing fees), for which''; and + (2) by striking paragraph (2) and inserting the following: + ``(2) copies of all applicable certificates or + certifications of origin; and''. + (b) Effective Date.-- + (1) In general.--The amendments made by subsection (a) + shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to a good entered for + consumption, or withdrawn from warehouse for + consumption, on or after that date. + (2) Transition from nafta treatment.--In the case of a good + entered for consumption, or withdrawn from warehouse for + consumption, before the date on which the USMCA enters into + force-- + (A) the amendments made by subsection (a) to + section 520(d) of the Tariff Act of 1930 (19 U.S.C. + 1520(d)) shall not apply with respect to the good; and + (B) section 520(d) of such Act, as in effect on the + day before that date, shall continue to apply on and + after that date with respect to the good. + +SEC. 206. RECORDKEEPING REQUIREMENTS. + + (a) In General.--Section 508 of the Tariff Act of 1930 (19 U.S.C. +1508) is amended-- + (1) by striking subsection (b) and inserting the following: + ``(b) Exports and Imports Relating to USMCA Countries.-- + ``(1) Definitions.--In this subsection: + ``(A) USMCA; usmca country.--The terms `USMCA' and + `USMCA country' have the meanings given those terms in + section 3 of the United States-Mexico-Canada Agreement + Implementation Act. + ``(B) USMCA certification of origin.--The term + `USMCA certification of origin' means the certification + established under article 5.2.1 of the USMCA that a + good qualifies as an originating good under the USMCA. + ``(2) Exports to usmca countries.--Any person who completes + a USMCA certification of origin or provides a written + representation for a good exported from the United States to a + USMCA country shall make, keep, and, pursuant to rules and + regulations prescribed by the Secretary of the Treasury, render + for examination and inspection, all records and supporting + documents related to the origin of the good (including the + certification or copies thereof), including records related + to-- + ``(A) the purchase, cost, value, and shipping of, + and payment for, the good; + ``(B) the purchase, cost, value, and shipping of, + and payment for, all materials, including indirect + materials, used in the production of the good; and + ``(C) the production of the good in the form in + which it was exported or the production of the material + in the form in which it was sold. + ``(3) Exports under the canadian agreement.--Any person who + exports, or who knowingly causes to be exported, any + merchandise to Canada during such time as the United States- + Canada Free-Trade Agreement is in force with respect to, and + the United States applies that Agreement to, Canada shall make, + keep, and render for examination and inspection such records + (including certifications of origin or copies thereof) which + pertain to the exportations. + ``(4) Imports into the united states.-- + ``(A) In general.--Any importer who claims + preferential tariff treatment under the USMCA for a + good imported into the United States from a USMCA + country shall make, keep, and, pursuant to rules and + regulations prescribed by the Secretary of the Treasury + of the Secretary of Labor, render for examination and + inspection-- + ``(i) records and supporting documentation + related to the importation; + ``(ii) all records and supporting documents + related to the origin of the good (including + the certification or copies thereof), if the + importer completed the certification; and + ``(iii) records and supporting documents + necessary to demonstrate that the good did not, + while in transit to the United States, undergo + further production or any other operation other + than unloading, reloading, or any other + operation necessary to preserve the good in + good condition or to transport the good to the + United States. + ``(B) Vehicle producer.--Any vehicle producer whose + good is the subject of a claim for preferential tariff + treatment under the USMCA shall make, keep, and, + pursuant to rules and regulations promulgated by the + Secretary of the Treasury and Secretary of Labor, + render for examination and inspection records and + supporting documents related to the labor value content + and steel and aluminum purchasing requirements for the + qualification of its vehicles for preferential + treatment. + ``(5) Retention period.-- + ``(A) Exports to usmca countries.--A person covered + by paragraph (2) who completes a USMCA certification of + origin or provides a written representation for a good + exported from the United States to a USMCA country + shall keep the records required by such paragraph + relating to that certification of origin for a period + of at least 5 years after the date on which the + certification is completed. + ``(B) Exports under canadian agreement.--The + records required by paragraph (3) shall be kept for + such periods of time as the Secretary shall prescribe, + except that-- + ``(i) no period of time for the retention + of the records may exceed 5 years from the date + of entry, filing of a reconciliation, or + exportation, as appropriate; and + ``(ii) records for any drawback claim shall + be kept until the 3rd anniversary of the date + of liquidation of the claim. + ``(C) Imports into the united states.-- + ``(i) In general.--An importer covered by + paragraph (4)(A) shall keep the records and + supporting documents required by such paragraph + for a period of at least 5 years after the date + of importation of the good. + ``(ii) Vehicle producer.--A vehicle + producer covered by paragraph (4)(B) shall keep + the records and supporting documents required + by paragraph (4)(B) for a period of at least 5 + years after the date of filing the + certifications required under paragraphs (1) + and (2) of section 202A(c) of the United + States-Mexico-Canada Agreement Implementation + Act.''; + (2) by striking subsection (c); and + (3) in the paragraph heading for subsection (e)(1), by + striking ``nafta'' and inserting ``usmca''. + (b) Effective Date.-- + (1) In general.--The amendments made by subsection (a) + shall take effect on the date on which the USMCA enters into + force. + (2) Applicability.-- + (A) Exports.--Paragraphs (2) and (5)(A) of section + 508(b) of the Tariff Act of 1930, as amended by + subsection (a), shall apply with respect to a good + exported from the United States on or after the date on + which the USMCA enters into force. + (B) Imports.--Paragraphs (4) and (5)(C) of section + 508(b) of the Tariff Act of 1930, as amended by + subsection (a), shall apply with respect to a good that + is entered for consumption, or withdrawn from warehouse + for consumption, on or after the date on which the + USMCA enters into force. + (3) Transition from nafta treatment.-- + (A) Exports.--In the case of a good exported from + the United States before the date on which the USMCA + enters into force-- + (i) the amendments made by subsection (a) + to paragraphs (2) and (5)(A) of section 508(b) + of the Tariff Act of 1930 (19 U.S.C. 1508) + shall not apply with respect to the good; and + (ii) section 508 of such Act, as in effect + on the day before that date, shall continue to + apply on and after that date with respect to + the good. + (B) Imports.--In the case of a good that is entered + for consumption, or withdrawn from warehouse for + consumption, before the date on which the USMCA enters + into force, the amendments made by subsection (a) to + paragraphs (4) and (5)(C) of section 508(b) of the + Tariff Act of 1930 (19 U.S.C. 1508) shall not apply + with respect to the good. + +SEC. 207. ACTIONS REGARDING VERIFICATION OF CLAIMS UNDER THE USMCA. + + (a) Verification.-- + (1) Origin verification.-- + (A) In general.--The Secretary of the Treasury may, + pursuant to article 5.9 of the USMCA, conduct a + verification of whether a good is an originating good + under section 202 or 202A. + (B) Additional requirements.--If the Secretary + conducts a verification under subparagraph (A), the + President may direct the Secretary-- + (i) during the verification process, to + release the good only upon payment of duties or + provision of security; and + (ii) if the Secretary makes a negative + determination under subsection (b), to take + action under subsection (c). + (2) Textile and apparel goods.-- + (A) In general.--The Secretary of the Treasury may, + pursuant to article 6.6 of the USMCA, conduct a + verification described in subparagraph (C) with respect + to a textile or apparel good. + (B) Additional requirements.--If the Secretary + conducts a verification under subparagraph (A) with + respect to a textile or apparel good, the President may + direct the Secretary-- + (i) during the verification process, to + take appropriate action described in + subparagraph (D); and + (ii) if the Secretary makes a negative + determination described in subsection (b), to + take action under subsection (c). + (C) Verification described.--A verification + described in this subparagraph with respect to a + textile or apparel good is-- + (i) a verification of whether the good + qualifies for preferential tariff treatment + under the USMCA; or + (ii) a verification of whether customs + offenses are occurring or have occurred with + respect to the good. + (D) Action during verification.--Appropriate action + described in this subparagraph may consist of-- + (i) release of the textile or apparel good + that is the subject of a verification described + in subparagraph (C) upon payment of duties or + provision of security; + (ii) suspension of preferential tariff + treatment under the USMCA with respect to-- + (I) the textile or apparel good + that is the subject of a verification + described in subparagraph (C)(i), if + the Secretary determines that there is + insufficient information to support the + claim for preferential tariff + treatment; or + (II) any textile or apparel good + exported or produced by a person that + is the subject of a verification + described in subparagraph (C)(ii) if + the Secretary of the Treasury + determines that there is insufficient + information to support the claim for + preferential tariff treatment made with + respect to that good; + (iii) denial of preferential tariff + treatment under the USMCA with respect to-- + (I) the textile or apparel good + that is the subject of a verification + described in subparagraph (C)(i) if the + Secretary determines that incorrect + information has been provided to + support the claim for preferential + tariff treatment; or + (II) any textile or apparel good + exported or produced by a person that + is the subject of a verification + described in subparagraph (C)(ii) if + the Secretary determines that the + person has provided incorrect + information to support the claim for + preferential tariff treatment that has + been made with respect to that good; + (iv) detention of any textile or apparel + good exported or produced by a person that is + the subject of a verification described in + subparagraph (C) if the Secretary determines + that there is insufficient information to + determine the country of origin of that good; + and + (v) denial of entry into the United States + of any textile or apparel good exported or + produced by a person that is the subject of a + verification described in subparagraph (C) if + the Secretary determines that the person has + provided incorrect information regarding the + country of origin of that good. + (b) Negative Determination.-- + (1) In general.--A negative determination described in this + subsection with respect to a good imported, exported, or + produced by an importer, exporter, or producer is a + determination by the Secretary, based on a verification + conducted under subsection (a), that-- + (A) a claim by the importer, exporter, or producer + that the good qualifies as an originating good under + section 202 is inaccurate; or + (B) the good does not qualify for preferential + tariff treatment under the USMCA because-- + (i) the importer, exporter, or producer + failed to respond to a written request for + information or failed to provide sufficient + information to determine that the good + qualifies as an originating good; + (ii) after receipt of a written + notification for a visit to conduct + verification under subsection (a), the exporter + or producer did not provide written consent for + that visit; + (iii) the importer, exporter, or producer + does not maintain, or denies access to, records + or documentation required under section 508(l) + of the Tariff Act of 1930 (19 U.S.C. 1508(l)); + (iv) in the case of verification conducted + under subsection (a)(2)-- + (I) access or permission for a site + visit is denied; + (II) officials of the United States + are prevented from completing a site + visit on the proposed date and the + exporter or producer does not provide + an acceptable alternative date for the + site visit; or + (III) the exporter or producer does + not provide access to relevant + documents or facilities during a site + visit; or + (v) the importer, exporter, or producer-- + (I) otherwise fails to comply with + the requirements of this section; or + (II) based on the preponderance of + the evidence, circumvents the + requirements of this section. + (2) Requests for information.--The Secretary shall not make + a negative determination described in paragraph (1)(B) unless-- + (A) in a case in which the Secretary conducts a + verification with respect to a good by written request + or questionnaire submitted to the importer under + article 5.9.1(a) of the USMCA and the claim for + preferential tariff treatment under the USMCA is based + on a certification of origin completed by the exporter + or producer of the good, the Secretary requests + information from the exporter or producer that + completed the certification; or + (B) in a case in which the Secretary conducts a + verification with respect to a textile or apparel good + by requesting a site visit under article 6.6.2 of the + USMCA, the Secretary requests information from the + importer and from any exporter or producer that + provided information to the Secretary to support the + claim for preferential tariff treatment. + (c) Action Based on Determination.-- + (1) Denial of preferential tariff treatment.--Upon making a + negative determination described in subsection (b)(1) with + respect to a good, the Secretary may deny preferential tariff + treatment under the USMCA with respect to the good. + (2) Withholding of preferential tariff treatment based on + pattern of conduct.--If verifications of origin relating to + identical goods indicate a pattern of conduct by an importer, + exporter, or producer of false or unsupported representations + relevant to a claim that a good imported into the United States + qualifies for preferential tariff treatment under the USMCA, + U.S. Customs and Border Protection, in accordance with + regulations prescribed by the Secretary, may withhold + preferential tariff treatment under the USMCA for entries of + those goods imported, exported, or produced by that person + until U.S. Customs and Border Protection determines that person + has established compliance with requirements for claims for + preferential tariff treatment under the USMCA. + (d) Prevention of Circumvention.--In making a determination under +this section, including whether to accept or reject a claim for +preferential tariff treatment under the USMCA, the Secretary shall +interpret the requirements of this section in a manner to avoid and +prevent circumvention of those requirements. + +SEC. 208. DRAWBACK [RESERVED]. + +SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 1930. + + (a) Country of Origin Marking.--Section 304 of the Tariff Act of +1930 (19 U.S.C. 1304) is amended by striking subsection (k) and +inserting the following: + ``(k) Treatment of Goods of a USMCA Country.--In applying this +section to an article that qualifies as a good of a USMCA country (as +defined in section 3 of the United States-Mexico-Canada Agreement +Implementation Act)-- + ``(1) the exemption under subsection (a)(3)(H) shall be + applied by substituting `reasonably know' for `necessarily + know'; + ``(2) the Secretary shall exempt the good from the + requirements for marking under subsection (a) if the good-- + ``(A) is an original work of art; or + ``(B) is provided for under subheading 6904.10, + heading 8541, or heading 8542 of the Harmonized Tariff + Schedule of the United States; and + ``(3) subsection (b) does not apply to the usual container + of any good described in subsection (a)(3)(E) or (I) or + paragraph (2)(A) or (B) of this subsection.''. + (b) Examination of Books and Witnesses.--Section 509(a)(2)(A) of +the Tariff Act of 1930 (19 U.S.C. 1509(a)(2)(A)) is amended-- + (1) in clause (i), by inserting at the end ``or a vehicle + producer whose good is subject to a claim of preferential + tariff treatment under the USMCA (as defined in section 3 of + the United States-Mexico-Canada Agreement Implementation + Act),''; and + (2) in clause (ii), by striking ``a NAFTA country'' and all + that follows through ``Implementation Act)'' and inserting ``a + USMCA country (as defined in section 3 of the United States- + Mexico-Canada Agreement Implementation Act)''. + (c) Exchange of Information.--Section 628 of the Tariff Act of 1930 +(19 U.S.C. 1628) is amended by striking subsection (c) and inserting +the following: + ``(c) Government Agency of USMCA Country.-- + ``(1) In general.--The Secretary may authorize U.S. Customs + and Border Protection to exchange information with any + government agency of a USMCA country, if the Secretary-- + ``(A) reasonably believes the exchange of + information is necessary to implement chapter 2, 4, 5, + 6, or 7 of the USMCA; and + ``(B) obtains assurances from such agency that the + information will be held in confidence and used only + for governmental purposes. + ``(2) Definitions.--In this subsection, the terms `USMCA' + and `USMCA country' have the meanings given those terms in + section 3 of the United States-Mexico-Canada Agreement + Implementation Act.''. + (d) Effective Date.-- + (1) In general.--The amendments made by this section + shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to a good entered for + consumption, or withdrawn from warehouse for + consumption, on or after that date. + (2) Transition from nafta treatment.--In the case of a good + entered for consumption, or withdrawn from warehouse for + consumption, before the date on which the USMCA enters into + force-- + (A) the amendments made by this section shall not + apply with respect to the good; and + (B) the provisions of law amended by this section, + as such provisions were in effect on the day before + that date, shall continue to apply on and after that + date with respect to the good. + (e) Effective Date Relating to Exchange of Information.-- +Notwithstanding the amendment made by subsection (c), the Secretary of +the Treasury shall retain the authority provided in section 628(c) of +the Tariff Act of 1930 (as in effect on the day before the date on +which the USMCA enters into force) to exchange information with any +government agency of a NAFTA country (as defined in section 2 of the +North American Free Trade Agreement Implementation Act (as in effect on +the day before the date on which the USMCA enters into force)). + +SEC. 210. REGULATIONS. + + (a) Secretary of the Treasury.--The Secretary of the Treasury shall +prescribe such regulations as may be necessary to carry out this title +and the amendments made by this title (except as provided by subsection +(b)). + (b) Secretary of Labor.--The Secretary of Labor shall prescribe +such regulations as may be necessary to carry out the labor value +content determination under section 202A. + + TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES + + Subtitle A--Relief From Injury Caused by Import Competition [reserved] + + Subtitle B--Temporary Entry of Business Persons [reserved] + + Subtitle C--United States-Mexico Cross-border Long-haul Trucking + Services + +SEC. 321. DEFINITIONS. + + In this subtitle: + (1) Border commercial zone.--The term ``border commercial + zone'' means-- + (A) the area of United States territory of the + municipalities along the United States-Mexico + international border and the commercial zones of such + municipalities as described in subpart B of part 372 of + title 49, Code of Federal Regulations; and + (B) any additional border crossing and associated + commercial zones listed in the Federal Motor Carrier + Safety Administration OP-2 application instructions or + successor documents. + (2) Cargo originating in mexico.--The term ``cargo + originating in Mexico'' means any cargo that enters the United + States by commercial motor vehicle from Mexico, including cargo + that may have originated in a country other than Mexico. + (3) Change in circumstances.--The term ``change in + circumstance'' may include a substantial increase in services + supplied by the grantee of a grant of authority. + (4) Commercial motor vehicle.--The term ``commercial motor + vehicle'' means a commercial motor vehicle, as such term is + defined in paragraph (1) of section 31132 of title 49, United + States Code, that meets the requirements of subparagraph (A) of + such paragraph. + (5) Cross-border long-haul trucking services.--The term + ``cross-border long-haul trucking services'' means-- + (A) the transportation by commercial motor vehicle + of cargo originating in Mexico to a point in the United + States outside of a border commercial zone; or + (B) the transportation by commercial motor vehicle + of cargo originating in the United States from a point + in the United States outside of a border commercial + zone to a point in a border commercial zone or a point + in Mexico. + (6) Driver.--The term ``driver'' means a person that drives + a commercial motor vehicle in cross-border long-haul trucking + services. + (7) Grant of authority.--The term ``grant of authority'' + means registration granted pursuant to section 13902 of title + 49, United States Code, or a successor provision, to persons of + Mexico to conduct cross-border long-haul trucking services in + the United States. + (8) Interested party.--The term ``interested party'' + means-- + (A) persons of the United States engaged in the + provision of cross-border long-haul trucking services; + (B) a trade or business association, a majority of + whose members are part of the relevant United States + long-haul trucking services industry; + (C) a certified or recognized union, or + representative group of suppliers, operators, or + drivers who are part of the United States long-haul + trucking services industry; + (D) the Government of Mexico; or + (E) persons of Mexico. + (9) Material harm.--The term ``material harm'' means a + significant loss in the share of the United States market or + relevant sub-market for cross-border long-haul trucking + services held by persons of the United States. + (10) Operator or supplier.--The term ``operator'' or + ``supplier'' means an entity that has been granted registration + under section 13902 of title 49, United States Code, to provide + cross-border long-haul trucking services. + (11) Persons of mexico.--The term ``persons of Mexico'' + includes-- + (A) entities domiciled in Mexico organized, or + otherwise constituted under Mexican law, including + subsidiaries of United States companies domiciled in + Mexico, or entities owned or controlled by a Mexican + national, which conduct cross-border long-haul trucking + services, or employ drivers who are non-United States + nationals; and + (B) drivers who are Mexican nationals. + (12) Persons of the united states.--The term ``persons of + the United States'' includes entities domiciled in the United + States, organized or otherwise constituted under United States + law, and not owned or controlled by persons of Mexico, which + provide cross-border long-haul trucking services and long-haul + commercial motor vehicle drivers who are United States + nationals. + (13) Threat of material harm.--The term ``threat of + material harm'' means material harm that is likely to occur. + (14) United states long-haul trucking services industry.-- + The term ``United States long-haul trucking services industry'' + means-- + (A) United States suppliers, operators, or drivers + as a whole providing cross-border long-haul trucking + services; or + (B) United States suppliers, operators, or drivers + providing cross-border long-haul trucking services in a + specific sub-market of the whole United States market. + +SEC. 322. INVESTIGATIONS AND DETERMINATIONS BY COMMISSION. + + (a) Investigation.--Upon the filing of a petition by an interested +party described in subparagraph (A), (B), or (C) of section 321(8) +which is representative of a United States long-haul trucking services +industry, or at the request of the President or the Trade +Representative, or upon the resolution of the Committee on Ways and +Means of the House of Representatives or the Committee on Finance of +the Senate, the International Trade Commission (in this subtitle +referred to as the ``Commission'') shall promptly initiate an +investigation to determine-- + (1) whether a request by a person of Mexico to receive a + grant of authority that is pending as of the date of the filing + of the petition threatens to cause material harm to a United + States long-haul trucking services industry; + (2) whether a person of Mexico who has received a grant of + authority on or after the date of entry into force of the USMCA + and retains such grant of authority is causing or threatens to + cause material harm to a United States long-haul trucking + services industry; or + (3) whether, with respect to a person of Mexico who has + received a grant of authority before the date of entry into + force of the USMCA and retains such grant of authority, there + has been a change in circumstances such that such person of + Mexico is causing or threatens to cause material harm to a + United States long-haul trucking services industry. + (b) Transmission of Petition, Request, or Resolution.--The +Commission shall transmit a copy of any petition, request, or +resolution filed under subsection (a) to the Trade Representative and +the Secretary of Transportation. + (c) Publication and Hearings.--The Commission shall-- + (1) promptly publish notice of the commencement of any + investigation under subsection (a) in the Federal Register; and + (2) within a reasonable time period thereafter, hold public + hearings at which the Commission shall afford interested + parties an opportunity to be present, to present evidence, to + respond to presentations of other parties, and otherwise to be + heard. + (d) Factors Applied in Making Determinations.--In making a +determination under subsection (a) of whether a request by a person of +Mexico to receive a grant of authority, or a person of Mexico who has +received a grant of authority and retains such grant of authority, as +the case may be, threatens to cause material harm to a United States +long-haul trucking services industry, the Commission shall-- + (1) consider, among other things, and as relevant-- + (A) the volume and tonnage of merchandise + transported; and + (B) the employment, wages, hours of service, and + working conditions; and + (2) with respect to a change in circumstances described in + subsection (a)(3), take into account those operations by + persons of Mexico under grants of authority in effect as of the + date of entry into force of the USMCA are not causing material + harm. + (e) Assistance to Commission.-- + (1) In general.--At the request of the Commission, the + Secretary of Homeland Security shall consult with the + Commission and shall collect and maintain such additional data + and other information on commercial motor vehicles entering or + exiting the United States at a port of entry or exit at the + United States border with Mexico as the Commission may request + for the purpose of conducting investigations under subsection + (a) and shall make such information available to the Commission + in a timely manner. + (2) Requests for information.-- + (A) In general.--At the request of the Commission, + the Secretary of Homeland Security, the Secretary of + Transportation, the Secretary of Commerce, the + Secretary of Labor, and the head of any other Federal + agency shall make available to the Commission any + information in their possession, including proprietary + information, as the Commission may require in order to + assist the Commission in making determinations under + subsection (a). + (B) Confidential business information.--The + Commission shall treat any proprietary information + obtained under subparagraph (A) as confidential + business information in accordance with regulations + adopted by the Commission to carry out this subtitle. + (f) Limited Disclosure of Confidential Business Information Under +Protective Order.--The Commission shall promulgate regulations to +provide access to confidential business information under protective +order to authorized representatives of interested parties who are +parties to an investigation under subsection (a). + (g) Deadline for Determination.-- + (1) In general.--Not later than 120 days after the date on + which an investigation is initiated under subsection (a) with + respect to a petition, request, or resolution, the Commission + shall make a determination with respect to the petition, + request, or resolution. + (2) Exception.--If, before the 100th day after an + investigation is initiated under subsection (a), the Commission + determines that the investigation is extraordinarily + complicated, the Commission shall make its determination with + respect to the investigation not later than 150 days after the + date referred to in paragraph (1). + (h) Applicable Provisions.--For purposes of this subtitle, the +provisions of paragraphs (1), (2), and (3) of section 330(d) of the +Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with respect to +determinations and findings made under this section as if such +determinations and findings were made under section 202 of the Trade +Act of 1974 (19 U.S.C. 2252). + +SEC. 323. COMMISSION RECOMMENDATIONS AND REPORT. + + (a) In General.--If the Commission makes an affirmative +determination under section 322, the Commission shall recommend the +action that is necessary to address the material harm or threat of +material harm found. + (b) Limitation.--Only those members of the Commission who agreed to +the affirmative determination under section 322 are eligible to vote on +the recommendation required to be made under subsection (a). + (c) Report.--Not later than the date that is 60 days after the date +on which the determination is made under section 322, the Commission +shall submit to the President a report that includes-- + (1) the determination and an explanation of the basis for + the determination; + (2) if the determination is affirmative, recommendations + for action and an explanation of the basis for the + recommendation; and + (3) any dissenting or separate views by members of the + Commission regarding the determination. + (d) Public Notice.--Upon submitting a report to the President under +subsection (c), the Commission shall-- + (1) promptly make public the report (with the exception of + information which the Commission determines to be confidential + business information); and + (2) publish a summary of the report in the Federal + Register. + +SEC. 324. ACTION BY PRESIDENT WITH RESPECT TO AFFIRMATIVE + DETERMINATION. + + (a) In General.--Not later than the date that is 30 days after the +date on which the President receives a report of the Commission in +which the Commission's determination under section 322 is affirmative +or which contains a determination that the President may treat as +affirmative in accordance with section 330(d)(1) of the Tariff Act of +1930 (19 U.S.C. 1330(d)(1))-- + (1) the President shall, subject to subsection (b), issue + an order to the Secretary of Transportation specifying the + relief to be provided, consistent with subsection (c), and + directing the relief to be carried out; and + (2) the Secretary of Transportation shall carry out such + relief. + (b) Exception.--The President is not required to provide relief +under this section if the President determines that provision of such +relief-- + (1) is not in the national economic interest of the United + States; or + (2) would cause serious harm to the national security of + the United States. + (c) Nature of Relief.-- + (1) In general.--The relief the President is authorized to + provide under this subsection is as follows: + (A)(i) With respect to a determination relating to + an investigation under section 322(a)(1), the denial or + imposition of limitations on a request for a new grant + of authority by the persons of Mexico that are the + subject of the investigation. + (ii) With respect to a determination relating to an + investigation under section 322(a)(1), the revocation + of, or restrictions on, grants of authority issued to + the persons of Mexico that are the subject of the + investigation since the date of the petition, request, + or resolution. + (B) With respect to a determination relating to an + investigation under section 322(a)(2) or (3), the + revocation or imposition of limitations on an existing + grant of authority by the persons of Mexico that are + the subject of the investigation. + (C) With respect to a determination relating to an + investigation under section 322(a)(1), (2), or (3), a + cap on the number of grants of authority issued to + persons of Mexico annually. + (2) Deadline for relief.--Not later than 15 days after the + date on which the President determines the relief to be + provided under this subsection, the President shall direct the + Secretary of Transportation to carry out the relief. + (d) Period of Relief.-- + (1) In general.--Subject to paragraph (2), any relief that + the President provides under this section may not be in effect + for more than 2 years. + (2) Extension.-- + (A) In general.--Subject to subparagraph (C), the + President, after receiving a determination from the + Commission under subparagraph (B) that is affirmative, + or which contains a determination that the President + may treat as affirmative in accordance with section + 330(d)(1) of the Tariff Act of 1930 (19 U.S.C. + 1330(d)(1)(1)), may extend the effective period of + relief provided under this section by up to an + additional 4 years, if the President determines that + the provision of the relief continues to be necessary + to remedy or prevent material harm. + (B) Action by commission.-- + (i) Investigation.--Upon request of the + President, or upon the filing by an interested + party described in subparagraph (A), (B), or + (C) of section 321(8) which is representative + of a United States long-haul trucking services + industry that is filed with the Commission not + earlier than the date that is 270 days, and not + later than the date that is 240 days, before + the date on which any action taken under this + section is to terminate, the Commission shall + conduct an investigation to determine whether + action under this section continues to be + necessary to remedy or prevent material harm. + (ii) Notice and hearing.--The Commission + shall-- + (I) publish notice of the + commencement of an investigation under + clause (i) in the Federal Register; and + (II) within a reasonable time + thereafter, hold a public hearing at + which the Commission shall afford + interested parties an opportunity to be + present, to present evidence, and to + respond to the presentations of other + parties and consumers, and otherwise be + heard. + (iii) Report.--Not later than the date that + is 60 days before relief provided under + subsection (a) is to terminate, or such other + date as determined by the President, the + Commission shall submit to the President a + report on its investigation and determination + under this subparagraph. + (C) Period of relief.--Any relief provided under + this section, including any extension thereof, may not, + in the aggregate, be in effect for more than 6 years. + (D) Limitation.-- + (i) In general.--Except as provided in + clause (ii), the Commission may not conduct an + investigation under subparagraph (B)(i) if-- + (I) the subject matter of the + investigation is the same as the + subject matter of a previous + investigation conducted under + subparagraph (B)(i); and + (II) less than 1 year has elapsed + since the Commission made its report to + the President of the results of such + previous investigation. + (ii) Exception.--Clause (i) shall not apply + with respect to an investigation if the + Commission determines good cause exists to + conduct the investigation. + (e) Regulations.--The Commission and the Secretary of +Transportation are authorized to promulgate such rules and regulations +as may be necessary to carry out this subtitle. + +SEC. 325. CONFIDENTIAL BUSINESS INFORMATION. + + Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) +is amended in the first sentence by striking ``and title III of the +United States-Panama Trade Promotion Agreement Implementation Act'' and +inserting ``, title III of the United States-Panama Trade Promotion +Agreement Implementation Act, and subtitle C of title III of the United +States-Mexico-Canada Agreement Implementation Act''. + +SEC. 326. CONFORMING AMENDMENTS. + + (a) Registration of Motor Carriers.--Section 13902 of title 49, +United States Code, is amended by inserting at the end the following: + ``(j) Mexico-Domiciled Motor Carriers.--Notwithstanding any other +provision of this section, upon an order in accordance with section +324(a) of the United States-Mexico-Canada Agreement Implementation Act, +the Secretary shall carry out the relief specified by denying or +imposing limitations on a request for registration or capping the +number of requests for registration by Mexico-domiciled motor carriers +of cargo to operate beyond the municipalities along the United States- +Mexico international border and the commercial zones of those +municipalities as directed.''. + (b) Effective Periods of Registration.--Section 13905 of title 49, +United States Code, is amended by inserting at the end the following: + ``(g) Mexico-Domiciled Motor Carriers.--Notwithstanding any other +provision of this section, upon an order in accordance with section +324(a) of the United States-Mexico-Canada Agreement Implementation Act, +the Secretary shall carry out the relief specified by revoking or +imposing limitations on existing registrations of Mexico-domiciled +motor carriers of cargo to operate beyond the municipalities along the +United States-Mexico international border and the commercial zones of +those municipalities as directed.''. + +SEC. 327. SURVEY OF OPERATING AUTHORITIES. + + The Department of Transportation shall undertake a survey of all +existing grants of operating authority to, and pending applications for +operating authority from, all Mexico-domiciled motor property carriers +for operating beyond the Border Commercial Zones, including OP-1 (MX) +operating authority (Mexico-domiciled Carriers for Motor Carrier +Authority to Operate Beyond U.S. Municipalities and Commercial Zones on +the U.S.-Mexico Border) and OP-1 operating authority (United States- +based Enterprise Carrier of International Cargo Application for Motor +Property Carrier and Broker Authority). The Department of +Transportation shall prepare a report summarizing the results of such +survey not less than 180 days after the date on which the USMCA enters +into force, which it shall deliver to the Office of the United States +Trade Representative, the Commission, and the Chairs and Ranking +Members of the Committee on Transportation and Infrastructure of the +House of Representatives, the Committee on Commerce, Science, and +Transportation of the Senate, the Committee on Ways and Means of the +House of Representatives, and the Committee on Finance of the Senate. + + TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES + + Subtitle A--Preventing Duty Evasion + +SEC. 401. COOPERATION ON DUTY EVASION. + + Section 414(b) of the Enforce and Protect Act of 2015 (19 U.S.C. +4374(b)) is amended-- + (1) by inserting ``or a party to the USMCA (as defined in + section 3 of the United States-Mexico-Canada Agreement + Implementation Act)'' after ``subsection (a)''; and + (2) by inserting ``or the USMCA, as the case may be,'' + after ``the bilateral agreement''. + + Subtitle B--Dispute Settlement [reserved] + + Subtitle C--Conforming Amendments + +SEC. 421. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING DUTY + CASES. + + Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is +amended-- + (1) in subsection (a)-- + (A) in paragraph (2)(B)(vii), by striking ``the + Tariff Act of 1930'' and inserting ``this Act''; and + (B) in paragraph (5)(D)(i), by striking ``article + 1904 of the NAFTA'' and inserting ``article 10.12 of + the USMCA''; + (2) in subsection (b)(3)-- + (A) in the paragraph heading, by striking ``nafta + or united states-canada'' and inserting ``united + states-canada or usmca''; and + (B) in the text, by striking ``of the NAFTA or of + the Agreement'' and inserting ``of the Agreement or + article 10.12 of the USMCA''; + (3) in subsection (f)-- + (A) in paragraph (6)(A), by striking ``article 1908 + of the NAFTA'' and inserting ``article 10.16 of the + USMCA''; + (B) in paragraph (7)(A), by striking ``article 1908 + of the NAFTA'' and inserting ``article 10.16 of the + USMCA''; + (C) by striking paragraph (8); + (D) by redesignating paragraphs (9) and (10) as + paragraphs (8) and (9), respectively; + (E) in paragraph (9), as redesignated by + subparagraph (D), by striking subparagraphs (A) and (B) + and inserting the following: + ``(A) Canada for such time as the USMCA is in force + with respect to, and the United States applies the + USMCA to, Canada. + ``(B) Mexico for such time as the USMCA is in force + with respect to, and the United States applies the + USMCA to, Mexico.''; and + (F) by adding at the end the following: + ``(10) USMCA.--The term `USMCA' has the meaning given that + term in section 3 of the United States-Mexico-Canada Agreement + Implementation Act.''; + (4) in subsection (g)-- + (A) in paragraph (2), in the matter preceding + subparagraph (A), by striking ``of the NAFTA or of the + Agreement'' and inserting ``of the Agreement or article + 10.12 of the USMCA''; + (B) in paragraph (3)(A)-- + (i) in clause (i), by striking ``of the + NAFTA or of the Agreement.'' and inserting ``of + the Agreement or article 10.12 of the USMCA;''; + (ii) in clause (iii), by striking ``the + NAFTA or of the Agreement'' and inserting ``the + Agreement or the USMCA''; + (iii) in clause (v), by striking + ``paragraph 12 of article 1905 of the NAFTA'' + and inserting ``article 10.13 of the USMCA''; + and + (iv) in clause (vi), by striking + ``paragraph 12 of article 1905 of the NAFTA'' + and inserting ``article 10.13 of the USMCA''; + (C) in paragraph (4)(A), by striking ``the North + American Free Trade Agreement'' and all that follows + through ``chapter 19 of the Agreement'' and inserting + ``the United States-Canada Free-Trade Agreement + Implementation Act of 1988 implementing the binational + panel dispute settlement system under chapter 19 of the + Agreement, or the United States-Mexico-Canada Agreement + Implementation Act implementing the binational panel + dispute settlement system under chapter 10 of the + USMCA''; + (D) in paragraph (5)-- + (i) in subparagraph (A), by striking ``of + the NAFTA or of the Agreement'' and inserting + ``of the Agreement or article 10.12 of the + USMCA''; + (ii) in subparagraph (B), by striking ``of + the NAFTA or of the Agreement'' and inserting + ``of the Agreement or article 10.12 of the + USMCA''; and + (iii) in subparagraph (C)-- + (I) in clause (i), by striking ``of + the NAFTA or of the Agreement'' and + inserting ``of the Agreement or article + 10.12 of the USMCA''; and + (II) in clause (iii), by striking + ``of the NAFTA or of the Agreement'' + and inserting ``of the Agreement or + chapter 10 of the USMCA''; + (E) in paragraph (6), by striking ``of the NAFTA or + of the Agreement'' and inserting ``of the Agreement or + article 10.12 of the USMCA''; + (F) in paragraph (7)-- + (i) in the paragraph heading, by striking + ``of the nafta or the agreement'' and inserting + ``of the agreement or article 10.12 of the + usmca''; and + (ii) in subparagraph (A), by striking ``the + NAFTA or the Agreement'' and inserting + ``article 1904 of the Agreement or article + 10.12 of the USMCA''; + (G) in paragraph (8)-- + (i) in subparagraph (A)-- + (I) in clause (i), by striking ``of + the NAFTA or of the Agreement'' and + inserting ``of the Agreement or article + 10.12 of the USMCA''; and + (II) in clause (ii)-- + (aa) in the clause heading, + by striking ``nafta'' and + inserting ``usmca''; and + (bb) in the text, by + striking ``paragraph 11(a) of + article 1905 of the NAFTA'' and + inserting ``article 10.13 of + the USMCA''; and + (ii) in subparagraph (C), by striking ``of + the NAFTA or the Agreement'' and inserting ``of + the Agreement or article 10.12 of the USMCA''; + (H) in paragraph (9), by striking ``of the NAFTA or + of the Agreement'' and inserting ``of the Agreement or + chapter 10 of the USMCA''; + (I) in paragraph (10), by striking ``the NAFTA or + the Agreement'' and inserting ``the Agreement or under + article 10.12 of the USMCA''; + (J) by striking paragraph (11) and inserting the + following: + ``(11) Suspension and termination of suspension of article + 10.12 of the usmca.-- + ``(A) Suspension.--If a special committee + established under article 10.13 of the USMCA issues an + affirmative finding, the Trade Representative may, in + accordance with article 10.13 of the USMCA, suspend the + operation of article 10.12 of the USMCA. + ``(B) Termination of suspension.--If a special + committee is reconvened and makes an affirmative + determination described in article 10.13 of the USMCA, + any suspension of the operation of article 10.12 of the + USMCA shall terminate.''; and + (K) in paragraph (12)-- + (i) in the paragraph heading, by striking + ``nafta'' and inserting ``usmca''; + (ii) by striking subparagraph (A) and + inserting the following: + ``(A) Notice of suspension or termination of + suspension of article 10.12 of the usmca.-- + ``(i) Notice of suspension.--Upon + notification by the Trade Representative or the + government of a country described in + subparagraph (A) or (B) of subsection (f)(9) + that the operation of article 10.12 of the + USMCA has been suspended in accordance with + article 10.13 of the USMCA, the United States + Secretary shall publish in the Federal Register + a notice of suspension of article 10.12 of the + USMCA. + ``(ii) Notice of termination of + suspension.--Upon notification by the Trade + Representative or the government of a country + described in subparagraph (A) or (B) of + subsection (f)(9) that the suspension of the + operation of article 10.12 of the USMCA is + terminated in accordance with article 10.13 of + the USMCA, the United States Secretary shall + publish in the Federal Register a notice of + termination of suspension of article 10.12 of + the USMCA.''; + (iii) in subparagraph (B)-- + (I) in the subparagraph heading, by + striking ``article 1904'' and inserting + ``article 10.12 of the usmca''; and + (II) in the matter preceding clause + (i), by striking ``If'' and all that + follows through ``NAFTA--'' and + inserting the following: ``If the + operation of article 10.12 of the USMCA + is suspended in accordance with article + 10.13 of the USMCA--''; + (iv) in subparagraph (C)-- + (I) in clause (i)-- + (aa) in the matter + preceding subclause (I), by + striking ``if the United + States'' and all that follows + through ``NAFTA--'' and + inserting the following: ``if + the United States made an + allegation under article 10.13 + of the USMCA and the operation + of article 10.12 of the USMCA + was suspended pursuant to + article 10.13 of the USMCA--''; + and + (bb) in subclause (I), by + striking ``subsection + (f)(10)(A) or (B)'' and + inserting ``subparagraph (A) or + (B) of subsection (f)(9)''; and + (II) in clause (ii), in the matter + preceding subclause (I), by striking + ``if a country'' and all that follows + through ``NAFTA--'' and inserting the + following: ``if a country described in + subparagraph (A) or (B) of subsection + (f)(9) made an allegation under article + 10.13 of the USMCA and the operation of + article 10.12 of the USMCA was + suspended pursuant to article 10.13 of + the USMCA--''; and + (v) in subparagraph (D)(i), by striking ``a + country described'' and all that follows + through ``NAFTA'' and inserting ``a country + described in subparagraph (A) or (B) of + subsection (f)(9) pursuant to article 10.13 of + the USMCA''. + +SEC. 422. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF THE TARIFF ACT + OF 1930. + + (a) Disclosure of Proprietary Information Under Protective +Orders.--Section 777(f) of the Tariff Act of 1930 (19 U.S.C. 1677f(f)) +is amended-- + (1) in the subsection heading, by striking ``North American + Free Trade Agreement or the United States-Canada Agreement'' + and inserting ``the United States-Canada Agreement or the + USMCA''; + (2) in paragraph (1)-- + (A) in subparagraph (A), by striking ``article 1904 + of the NAFTA'' and all that follows through ``, the + administering authority'' and inserting ``article 1904 + of the United States-Canada Agreement or article 10.12 + of the USMCA, or an extraordinary challenge committee + is convened under Annex 1904.13 of the United States- + Canada Agreement or chapter 10 of the USMCA, the + administering authority''; and + (B) in subparagraph (B), by striking ``chapter 19 + of the NAFTA or the Agreement'' each place it appears + and inserting ``chapter 19 of the Agreement or chapter + 10 of the USMCA''; + (3) in paragraph (3), by striking ``the NAFTA or the United + States-Canada Agreement'' and inserting ``article 1904 of the + United States-Canada Agreement or article 10.12 of the USMCA''; + (4) in paragraph (4), by striking ``section 402(b) of the + North American Free Trade Agreement Implementation Act'' and + inserting ``section 412(b) of the United States-Mexico-Canada + Agreement Implementation Act''; and + (5) by striking ``section 516A(f)(10)'' each place it + appears and inserting ``section 516A(f)(9)''. + (b) Definition.--Section 771 of the Tariff Act of 1930 (19 U.S.C. +1677) is amended by striking paragraph (22) and inserting the +following: + ``(22) USMCA.--The term `USMCA' has the meaning given that + term in section 3 of the United States-Mexico-Canada Agreement + Implementation Act.''. + +SEC. 423. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE. + + (a) Court of International Trade.--Chapter 95 of title 28, United +States Code, is amended-- + (1) in section 1581(i)-- + (A) by redesignating paragraphs (1) through (4) as + subparagraphs (A) through (D), respectively; + (B) by inserting ``(1)'' after ``(i)''; + (C) in subparagraph (D), as redesignated by + subparagraph (A), by striking ``paragraphs (1)-(3) of + this subsection'' and inserting ``subparagraphs (A) + through (C) of this paragraph''; and + (D) by striking the flush text and inserting the + following: + ``(2) This subsection shall not confer jurisdiction over an +antidumping or countervailing duty determination which is reviewable +by-- + ``(A) the Court of International Trade under section + 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)); or + ``(B) a binational panel under section 516A(g) of the + Tariff Act of 1930 (19 U.S.C. 1516a(g)).''; + (2) in section 1584, by striking the section heading and + inserting the following: +``Sec. 1584. Civil actions under the United States-Canada Free-Trade + Agreement or the USMCA''; + and + (3) in the table of sections at the beginning of the + chapter, by striking the item relating to section 1584 and + inserting the following: + +``1584. Civil actions under the United States-Canada Free-Trade + Agreement or the USMCA.''. + (b) Particular Proceedings.--Sections 2201(a) and 2643(c)(5) of +title 28, United States Code, are each amended by striking ``section +516A(f)(10)'' and inserting ``section 516A(f)(9)''. + + Subtitle D--General Provisions + +SEC. 431. EFFECT OF TERMINATION OF USMCA COUNTRY STATUS. + + (a) In General.--Except as provided in subsection (b), on the date +on which a country ceases to be a USMCA country, the provisions of this +title (other than this section) and the amendments made by this title +shall cease to have effect with respect to that country. + (b) Transition Provisions.-- + (1) Proceedings regarding protective orders and + undertakings.--If on the date on which a country ceases to be a + USMCA country an investigation or enforcement proceeding + concerning the violation of a protective order issued under + section 777(f) of the Tariff Act of 1930 (as amended by this + title) or an undertaking of the government of that country is + pending, the investigation or proceeding shall continue, and + sanctions may continue to be imposed, in accordance with the + provisions of such section 777(f) (as so amended). + (2) Binational panel and extraordinary challenge committee + reviews.--If on the date on which a country ceases to be a + USMCA country-- + (A) a binational panel review under article 10.12 + of the USMCA is pending, or has been requested, or + (B) an extraordinary challenge committee review + under that article is pending, or has been requested, + with respect to a determination which involves a class or kind + of merchandise and to which subsection (g)(2) of section 516A + of the Tariff Act of 1930 (19 U.S.C. 1516a) applies, such + determination shall be reviewable under subsection (a) of that + section. In the case of a determination to which the provisions + of this paragraph apply, the time limits for commencing an + action under 516A(a) of the Tariff Act of 1930 shall not begin + to run until the date on which the USMCA ceases to be in force + with respect to that country. + +SEC. 432. EFFECTIVE DATE. + + The provisions of this title and the amendments made by this title +shall take effect on the date on which the USMCA enters into force, but +shall not apply-- + (1) to any final determination described in paragraph + (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of + section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) + notice of which is published in the Federal Register before + such date, or to a determination described in paragraph + (2)(B)(vi) of that section notice of which is received by the + Government of Canada or Mexico before such date; or + (2) to any binational panel review under NAFTA, or any + extraordinary challenge arising out of any such review, that + was commenced before such date. + + TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS + +SEC. 501. DRAWBACK. + + (a) Clerical Amendment.--Section 208 of this Act is amended in the +section heading by striking ``[reserved]''. + (b) USMCA Drawback.--Subsection (a) of section 203 of the North +American Free Trade Agreement Implementation Act (19 U.S.C. 3333) is-- + (1) transferred to section 208 of this Act; + (2) inserted after the section heading for that section (as + amended by subsection (a)); and + (3) amended-- + (A) by striking ``NAFTA country'' each place it + appears and inserting ``USMCA country''; + (B) in the subsection heading, by striking + ``NAFTA'' and inserting ``USMCA''; + (C) in the matter preceding paragraph (1)-- + (i) by striking ``and the amendments made + by subsection (b)''; and + (ii) by striking ``NAFTA drawback'' and + inserting ``USMCA drawback''; + (D) in paragraph (2)-- + (i) in subparagraph (A), by inserting + ``sorting, marking,'' after ``repacking,''; and + (ii) in subparagraph (B), by striking + ``paragraph 12 of section A of Annex 703.2 of + the Agreement'' and inserting ``paragraph 11 of + Annex 3-B of the USMCA''; and + (E) by amending paragraph (6) to read as follows: + ``(6) A good provided for in subheading 1701.13.20 or + 1701.14.20 of the HTS that is imported under any re-export + program or any like program and that is-- + ``(A) used as a material, or + ``(B) substituted for by a good of the same kind + and quality that is used as a material, + in the production of a good provided for in existing Canadian + tariff item 1701.99.00 or existing Mexican tariff item + 1701.99.01, 1701.99.02, or 1701.99.99 (relating to refined + sugar).''. + (c) Same Kind and Quality.--Section 208 of this Act, as amended by +subsection (b), is further amended by adding at the end the following: + ``(b) Same Kind and Quality.--For purposes of paragraphs +(3)(A)(iii), (5)(C), (6)(B), and (8) of subsection (a), and for +purposes of obtaining refunds, waivers, or reductions of customs duties +with respect to a good subject to USMCA drawback under section +313(n)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(n)(2)), a good is a +good of the same kind and quality as another good-- + ``(1) for a good described in such paragraph (6)(B), if the + good would have been considered of the same kind and quality as + the other good on the day before the date on which the USMCA + enters into force; or + ``(2) for other goods if-- + ``(A) the good is classified under the same 8-digit + HTS subheading number as the other good; or + ``(B) drawback would be allowed with respect to the + goods under subsection (b)(4), (j)(1), or (p) of + section 313 of the Tariff Act of 1930 (19 U.S.C. + 1313).''. + (d) Certain Fees; Inapplicability to Countervailing and Antidumping +Duties.--Subsections (d) and (e) of section 203 of the North American +Free Trade Agreement Implementation Act (19 U.S.C. 3333) are-- + (1) transferred to section 208 of this Act; + (2) inserted after subsection (b) of section 208 (as added + by subsection (c)); + (3) redesignated as subsections (c) and (d), respectively; + and + (4) amended, in subsection (c) (as redesignated by + paragraph (3)), by striking ``exported to'' and all that + follows through the period at the end and inserting ``exported + to a USMCA country.''. + (e) Conforming Amendments.-- + (1) Bonded manufacturing warehouses.--Section 311 of the + Tariff Act of 1930 (19 U.S.C. 1311) is amended, in the eleventh + paragraph-- + (A) by striking ``NAFTA'' each place it appears; + (B) by striking ``section 203(a) of the North + American Free Trade Agreement Implementation Act'' and + inserting ``section 208(a) of the United States-Mexico- + Canada Agreement Implementation Act''; and + (C) by striking ``section 2(4) of that Act'' and + inserting ``section 3 of that Act''. + (2) Bonded smelting and refining warehouses.--Section 312 + of the Tariff Act of 1930 (19 U.S.C. 1312) is amended, in + subsections (b) and (d)-- + (A) by striking ``NAFTA'' each place it appears and + inserting ``USMCA''; + (B) by striking ``section 2(4) of the North + American Free Trade Agreement Implementation Act'' each + place it appears and inserting ``section 3 of the + United States-Mexico-Canada Agreement Implementation + Act''; and + (C) by striking ``section 203(a) of that Act'' each + place it appears and inserting ``section 208(a) of that + Act''. + (3) Drawback and refunds.--Section 313 of the Tariff Act of + 1930 (19 U.S.C. 1313) is amended-- + (A) in subsection (j)(4), by striking subparagraph + (A) and inserting the following: + ``(A)(i) Effective upon the entry into force of the USMCA, + the exportation to a USMCA country of merchandise that is + fungible with and substituted for imported merchandise, other + than merchandise described in paragraphs (1) through (8) of + section 208(a) of the United States-Mexico-Canada Agreement + Implementation Act, shall not constitute an exportation for + purposes of paragraph (2). + ``(ii) In this subparagraph, the terms `USMCA' and `USMCA + country' have the meanings given those terms in section 3 of + the United States-Mexico-Canada Agreement Implementation + Act.''; + (B) in subsection (n)-- + (i) in paragraph (1), by striking + subparagraphs (A) and (B) and inserting the + following: + ``(A) the term `USMCA country' has the meaning given that + term in section 3 of the United States-Mexico-Canada Agreement + Implementation Act; + ``(B) the term `good subject to USMCA drawback' has the + meaning given that term in section 208(a) of the United States- + Mexico-Canada Agreement Implementation Act;''; and + (ii) in paragraphs (2) and (3), by striking + ``NAFTA'' each place it appears and inserting + ``USMCA''; and + (C) in subsection (o), by striking ``NAFTA'' each + place it appears and inserting ``USMCA''. + (4) Manipulation in warehouse.--Section 562 of the Tariff + Act of 1930 (19 U.S.C. 1562) is amended-- + (A) by striking paragraph (1) and inserting the + following: + ``(1) without payment of duties for exportation to a USMCA + country, as defined in section 3 of the United States-Mexico- + Canada Agreement Implementation Act, if the merchandise is of a + kind described in any of paragraphs (1) through (8) of section + 208(a) of that Act;''; + (B) in paragraph (2)-- + (i) by striking ``section 203(a) of that + Act'' and inserting ``section 208(a) of that + Act''; and + (ii) by striking ``NAFTA'' each place it + appears and inserting ``USMCA''; and + (C) in paragraphs (3) and (4), by striking + ``NAFTA'' each place it appears and inserting + ``USMCA''. + (5) Foreign trade zones.--Section 3(a)(2) of the Act of + June 18, 1934 (commonly known as the ``Foreign Trade Zones + Act'') (19 U.S.C. 81c(a)(2)) is amended, in the flush text-- + (A) by striking ``goods subject to NAFTA drawback, + as defined in section 203(a) of the North American Free + Trade Agreement Implementation Act'' and inserting + ``goods subject to USMCA drawback, as defined in + section 208(a) of the United States-Mexico-Canada + Agreement Implementation Act''; + (B) by striking ``a NAFTA country, as defined in + section 2(4) of that Act'' and inserting ``a USMCA + country, as defined in section 3 of that Act''; and + (C) by striking ``NAFTA'' each place it appears and + inserting ``USMCA''. + (f) Additional Clerical Amendment.--The table of contents for this +Act is amended by striking the item relating to section 208 and +inserting the following: + +``Sec. 208. Drawback.''. + (g) Effective Date.-- + (1) In general.--Each transfer, redesignation, and + amendment made by subsections (b) through (e) shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to a good entered, or + withdrawn from warehouse for consumption, on or after + that date. + (2) Transition from nafta treatment.--In the case of a good + entered, or withdrawn from warehouse for consumption, before + the date on which the USMCA enters into force-- + (A) the amendments made by subsections (b) through + (e) shall not apply with respect to the good; and + (B) the provisions of law amended by such + subsections, as such provisions were in effect on the + day before that date, shall continue to apply on and + after that date with respect to the good. + +SEC. 502. RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION. + + (a) Clerical Amendment.--Subtitle A of title III of this Act is +amended in the subtitle heading by striking ``[reserved]''. + (b) Article Impact in Import Relief Cases.--Section 311 of the +North American Free Trade Agreement Implementation Act (19 U.S.C. 3371) +is-- + (1) transferred to subtitle A of title III of this Act; + (2) inserted after the heading (as amended by subsection + (a)) of such subtitle; + (3) redesignated as section 301; and + (4) amended-- + (A) in the section heading, by striking ``nafta'' + and inserting ``usmca''; + (B) in subsection (c), by striking ``section + 312(a)'' and inserting ``section 302(a)''; and + (C) by striking ``NAFTA'' each place it appears and + inserting ``USMCA''. + (c) Presidential Action Regarding Imports.--Section 312 of the +North American Free Trade Agreement Implementation Act (19 U.S.C. 3372) +is-- + (1) transferred to subtitle A of title III of this Act; + (2) inserted after section 301 (as inserted and + redesignated by subsection (b)); + (3) redesignated as section 302; and + (4) amended-- + (A) in the section heading, by striking ``nafta'' + and inserting ``usmca''; + (B) in subsection (b), in the subsection heading, + by striking ``NAFTA'' and inserting ``USMCA''; + (C) in subsection (c), in the subsection heading, + by striking ``NAFTA'' and inserting ``USMCA''; and + (D) by striking ``NAFTA'' each place it appears and + inserting ``USMCA''. + (d) Additional Clerical Amendments.--The table of contents for this +Act is amended by striking the item relating to subtitle A of title III +and inserting the following: + + ``Subtitle A--Relief From Injury Caused by Import Competition + +``Sec. 301. USMCA article impact in import relief cases under the Trade + Act of 1974. +``Sec. 302. Presidential action regarding USMCA imports.''. + (e) Effective Date.-- + (1) In general.--Each transfer, redesignation, and + amendment made by this section shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to an investigation under + chapter 1 of title II of the Trade Act of 1974 (19 + U.S.C. 2251 et seq.) initiated on or after that date. + (2) Transition from nafta.--In the case of an investigation + under chapter 1 of title II of the Trade Act of 1974 initiated + before the date on which the USMCA enters into force-- + (A) the transfers, redesignations, and amendments + made by this section shall not apply with respect to + the investigation; and + (B) sections 311 and 312 of the North American Free + Trade Agreement Implementation Act (19 U.S.C. 3371 and + 3372), as in effect on the day before that date, shall + continue to apply on and after that date with respect + to the investigation. + +SEC. 503. TEMPORARY ENTRY. + + (a) Clerical Amendment.--Subtitle B of title III of this Act is +amended in the subtitle heading by striking ``[reserved]''. + (b) Nonimmigrant Traders and Investors.--Section 341 of the North +American Free Trade Agreement Implementation Act (Public Law 103-182; +107 Stat. 2116) is-- + (1) transferred to subtitle B of title III of this Act; + (2) inserted after the heading (as amended by subsection + (a)) of such subtitle; + (3) redesignated as section 311; and + (4) amended-- + (A) by striking subsections (b) and (c); + (B) by striking ``(a)'' and all that follows + through ``Upon'' and inserting ``Upon''; + (C) by striking ``the Agreement'' each place it + appears and inserting ``the USMCA''; + (D) by striking ``Annex 1603'' and inserting + ``Annex 16-A''; and + (E) by striking ``Annex 1608'' and inserting + ``article 16.1''. + (c) Nonimmigrant Professionals.--Section 214 of the Immigration and +Nationality Act (8 U.S.C. 1184) is amended-- + (1) in subsection (e)-- + (A) by striking paragraphs (1), (3), (4), and (5); + (B) by redesignating paragraphs (2) and (6) as + paragraphs (1) and (2), respectively; and + (C) in paragraph (1), as redesignated by + subparagraph (B)-- + (i) by striking ``Annex 1603 of the North + American Free Trade Agreement (in this + subsection referred to as `NAFTA')'' and + inserting ``Annex 16-A of the USMCA (as defined + in section 3 of the United States-Mexico-Canada + Agreement Implementation Act)''; and + (ii) by striking the third and fourth + sentences and inserting the following: ``For + purposes of this paragraph, the term `citizen + of Mexico' means `citizen' as defined in + article 16.1 of the USMCA.''; and + (2) in subsection (j)(1)-- + (A) in the first sentence, by striking ``Annex 1603 + of the North American Free Trade Agreement'' and + inserting ``Annex 16-A of the USMCA (as defined in + section 3 of the United States-Mexico-Canada Agreement + Implementation Act)''; + (B) in the second sentence, by striking ``article + 1603 of such Agreement'' and inserting ``article 16.4 + of the USMCA''; and + (C) in the third sentence, by striking ``Annex 1608 + of such Agreement'' and inserting ``article 16.1 of the + USMCA''. + (d) Conforming Amendments.-- + (1) Integrated entry and exit data system.--Section + 110(c)(1)(B) of the Illegal Immigration Reform and Immigrant + Responsibility Act of 1996 (8 U.S.C. 1365a(c)(1)(B)) is amended + by striking ``North American Free Trade Agreement'' and + inserting ``USMCA (as defined in section 3 of the United + States-Mexico-Canada Agreement Implementation Act)''. + (2) Enhanced border security and visa entry reform act of + 2002.--Section 604 of the Enhanced Border Security and Visa + Entry Reform Act of 2002 (8 U.S.C. 1773) is amended by striking + ``North American Free Trade Agreement'' and inserting ``USMCA + (as defined in section 3 of the United States-Mexico-Canada + Agreement Implementation Act)''. + (e) Additional Clerical Amendments.--The table of contents for this +Act is amended by striking the item relating to subtitle A of title III +and inserting the following: + + ``Subtitle B--Temporary Entry of Business Persons + +``Sec. 311. Temporary entry.''. + (f) Effective Date.-- + (1) In general.--Each transfer, redesignation, and + amendment made by this section shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to a visa issued on or after + that date. + (2) Transition from nafta.--In the case of a visa issued + before the date on which the USMCA enters into force-- + (A) the transfers, redesignations, and amendments + made by this section shall not apply with respect to + the visa; and + (B) the provisions of law amended by subsections + (b) through (d), as such provisions were in effect on + the day before that date, shall continue to apply on + and after that date with respect to the visa. + +SEC. 504. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY + CASES. + + (a) Clerical Amendment.--Subtitle B of title IV of this Act is +amended in the subtitle heading by striking ``[reserved]''. + (b) References in Subtitle.--Section 401 of the North American Free +Trade Agreement Implementation Act (19 U.S.C. 3431) is-- + (1) transferred to subtitle B of title IV of this Act and + inserted after the heading (as amended by subsection (a)) of + such subtitle; + (2) redesignated as section 411; and + (3) amended by striking ``the Agreement'' and inserting + ``the USMCA''. + (c) Organizational and Administrative Provisions.--Section 402 of +the North American Free Trade Agreement Implementation Act (19 U.S.C. +3432) is-- + (1) transferred to subtitle B of title IV of this Act and + inserted after section 411 (as inserted and redesignated by + subsection (b)); + (2) redesignated as section 412; and + (3) amended-- + (A) in subsection (a)-- + (i) in paragraph (1)-- + (I) in subparagraph (D), by + striking ``in paragraph 1'' and all + that follows and inserting ``in + paragraph 1 of Annex 10-B.1 and + paragraph 1 of Annex 10-B.3; and''; + (II) in subparagraph (E), by + striking ``chapter 19'' and inserting + ``chapter 10''; and + (III) in the matter following + subparagraph (E), by striking ``in + paragraph 1'' and all that follows + through ``Annex 1904.13'' and inserting + ``in paragraph 1 of Annex 10-B.1 and + paragraph 1 of Annex 10-B.3''; and + (ii) in paragraph (2)-- + (I) in the paragraph heading, by + striking ``under'' and all that follows + before the period; and + (II) in the text-- + (aa) by striking + ``paragraph 1 of Annex 1901.2'' + and inserting ``paragraph 1 of + Annex 10-B.1''; + (bb) by striking ``chapter + 19'' each place it appears and + inserting ``chapter 10''; and + (cc) by striking ``article + 1905'' and inserting ``article + 10.13''; + (B) in subsection (b)(1)-- + (i) by striking ``chapter 19'' each place + it appears and inserting ``chapter 10''; and + (ii) by striking ``article 1905'' and + inserting ``article 10.13''; + (C) in subsection (c)-- + (i) in paragraph (1)-- + (I) by striking ``chapter 19'' each + place it appears and inserting + ``chapter 10''; and + (II) by striking ``article 1905'' + and inserting ``article 10.13''; + (ii) in paragraph (2)(B)-- + (I) by striking ``chapter 19'' each + place it appears and inserting + ``chapter 10''; and + (II) in clause (i)(II), by striking + ``article 1905'' and inserting + ``article 10.13''; + (iii) in paragraph (3)-- + (I) in subparagraph (A)(i), by + striking ``Annex 1901.2'' and inserting + ``Annex 10-B.1''; + (II) in subparagraph (A)(ii), by + striking ``under Annex 1904.13'' and + all that follows and inserting ``under + Annex 10-B.3 and special committees + under article 10.13.''; and + (III) in subparagraph (B)(i), by + striking ``chapter 19'' and inserting + ``chapter 10''; and + (iv) in paragraph (4)-- + (I) in subparagraph (A), by + striking ``chapter 19'' and inserting + ``chapter 10''; and + (II) in subparagraph (C)(iv)(III), + by striking ``chapter 19'' and + inserting ``chapter 10''; + (D) in subsection (d)-- + (i) in paragraph (1)-- + (I) in subparagraph (A), by + striking ``in paragraph 1'' and all + that follows and inserting ``in + paragraph 1 of Annex 10-B.1 and + paragraph 1 of Annex 10-B.3; or''; and + (II) in subparagraph (B), by + striking ``chapter 19'' and inserting + ``chapter 10''; + (ii) in paragraph (2)-- + (I) in subparagraph (A)(i), by + striking ``in paragraph 1'' and all + that follows through ``during'' and + inserting ``in paragraph 1 of Annex 10- + B.1 and paragraph 1 of Annex 10-B.3 + during''; + (II) in subparagraph (A)(ii)-- + (aa) by striking ``chapter + 19'' and inserting ``chapter + 10''; and + (bb) by striking ``the + Agreement'' and inserting ``the + USMCA''; + (III) in subparagraph (A)(iii), by + striking ``NAFTA'' and inserting + ``USMCA''; + (IV) in subparagraph (B)(i), by + striking ``in paragraph 1'' and all + that follows and inserting ``in + paragraph 1 of Annex 10-B.1 and + paragraph 1 of Annex 10-B.3; or''; and + (V) in subparagraph (B)(ii), by + striking ``chapter 19'' and inserting + ``chapter 10''; and + (iii) in paragraph (3)-- + (I) in subparagraph (A), by + striking ``in paragraph 1'' and all + that follows through ``during'' and + inserting ``in paragraph 1 of Annex 10- + B.1 and paragraph 1 of Annex 10-B.3 + during''; and + (II) in subparagraph (B), by + striking ``chapter 19'' and inserting + ``chapter 10''; + (E) in subsection (e), in the matter preceding + paragraph (1)-- + (i) by striking ``the Agreement'' and + inserting ``the USMCA''; + (ii) by striking ``between the United + States'' and all that follows through ``NAFTA + country''; and + (iii) by striking ``January 3, 1994'' and + inserting ``January 3, 2020''; + (F) in subsection (f), by striking ``chapter 19'' + and inserting ``chapter 10''; + (G) in subsection (g), by striking ``chapter 19'' + and inserting ``chapter 10''; and + (H) in subsection (h), by striking ``chapter 19'' + and inserting ``chapter 10''. + (d) Testimony and Production of Papers.--Section 403 of the North +American Free Trade Agreement Implementation Act (19 U.S.C. 3433) is-- + (1) transferred to subtitle B of title IV of this Act and + inserted after section 412 (as inserted and redesignated by + subsection (c)); + (2) redesignated as section 413; and + (3) amended in subsection (a), in the matter preceding + paragraph (1), by striking ``under paragraph 13'' and all that + follows through ``the committee--'' and inserting ``under + paragraph 13 of article 10.12, and the allegations before the + committee include a matter referred to in paragraph 13(a)(i) of + article 10.12, for the purposes of carrying out its functions + and duties under Annex 10-B.3, the committee--''. + (e) Requests for Review of Determinations.--Section 404 of the +North American Free Trade Agreement Implementation Act (19 U.S.C. 3434) +is-- + (1) transferred to subtitle B of title IV of this Act and + inserted after section 413 (as inserted and redesignated by + subsection (d)); + (2) redesignated as section 414; and + (3) amended-- + (A) in the section heading, by striking ``of nafta + countries''; + (B) in subsection (a)-- + (i) in paragraph (1), by striking ``article + 1911'' and all that follows and inserting + ``article 10.8, of a USMCA country.''; and + (ii) in paragraph (2), by striking + ``article 1908'' and inserting ``article + 10.16''; + (C) in subsection (b), by striking ``article 1904'' + and inserting ``article 10.12''; and + (D) in subsection (c), by striking ``article 1904'' + each place it appears and inserting ``article 10.12''. + (f) Rules of Procedure for Panels and Committees.--Section 405 of +the North American Free Trade Agreement Implementation Act (19 U.S.C. +3435) is-- + (1) transferred to subtitle B of title IV of this Act and + inserted after section 414 (as inserted and redesignated by + subsection (e)); + (2) redesignated as section 415; and + (3) amended-- + (A) in subsection (a), in the matter preceding + paragraph (1), by striking ``article 1904'' and + inserting ``article 10.12''; + (B) in subsection (b), by striking ``Annex + 1904.13'' and inserting ``Annex 10-B.3''; and + (C) in subsection (c), by striking ``Annex 1905.6'' + and inserting ``Annex 10-B.4''. + (g) Subsidy Negotiations.--Section 406 of the North American Free +Trade Agreement Implementation Act (19 U.S.C. 3436) is-- + (1) transferred to subtitle B of title IV of this Act and + inserted after section 415 (as inserted and redesignated by + subsection (f)); + (2) redesignated as section 416; and + (3) amended, in the matter preceding paragraph (1), by + striking ``NAFTA country'' and inserting ``USMCA country''. + (h) Identification of Industries Facing Subsidized Imports.-- +Section 407 of the North American Free Trade Agreement Implementation +Act (19 U.S.C. 3437) is-- + (1) transferred to subtitle B of title IV of this Act and + inserted after section 416 (as inserted and redesignated by + subsection (g)); + (2) redesignated as section 417; and + (3) amended-- + (A) in subsection (a)(1)(A)-- + (i) by striking ``the Agreement'' and + inserting ``the USMCA''; and + (ii) by striking ``NAFTA country'' and + inserting ``USMCA country''; + (B) in subsection (c), in the matter following + paragraph (3), by striking ``NAFTA countries'' and + inserting ``USMCA countries''; and + (C) in subsection (d)(3), by striking ``the + Agreement'' and inserting ``the USMCA''. + (i) Treatment of Amendments to Law.--Section 408 of the North +American Free Trade Agreement Implementation Act (19 U.S.C. 3438) is-- + (1) transferred to subtitle B of title IV of this Act and + inserted after section 417 (as inserted and redesignated by + subsection (h)); + (2) redesignated as section 418; and + (3) amended-- + (A) in the matter preceding paragraph (1), by + striking ``the Agreement'' and all that follows through + ``United States'' and inserting ``the USMCA''; and + (B) in the flush text, by striking ``NAFTA + country'' and inserting ``USMCA country''. + (j) Additional Clerical Amendments.--The table of contents for this +Act is amended by striking the item relating to subtitle B of title IV +and inserting the following: + + ``Subtitle B--Dispute Settlement + +``Sec. 411. References in subtitle. +``Sec. 412. Organizational and administrative provisions. +``Sec. 413. Testimony and production of papers in extraordinary + challenges. +``Sec. 414. Requests for review of determination by competent + investigating authorities. +``Sec. 415. Rules of procedure for panels and committees. +``Sec. 416. Subsidy negotiations. +``Sec. 417. Identification of industries facing subsidized imports. +``Sec. 418. Treatment of amendments to antidumping and countervailing + duty law.''. + (k) Effective Date.-- + (1) In general.--Each transfer, redesignation, and + amendment made by this section shall take effect on the date on + which the USMCA enters into force, but shall not apply-- + (A) to any final determination described in + paragraph (1)(B) or clause (i), (ii), or (iii) of + paragraph (2)(B) of section 516A(a) of the Tariff Act + of 1930 (19 U.S.C. 1516a(a)) notice of which is + published in the Federal Register before such date, or + to a determination described in paragraph (2)(B)(vi) of + that section notice of which is received by the + Government of Canada or Mexico before such date; and + (B) to any binational panel review under NAFTA, or + any extraordinary challenge arising out of any such + review, that was commenced before such date. + (2) Transition from nafta.--The transfers, redesignations, + and amendments made by this section shall not apply, and the + provisions of title IV of the North American Free Trade + Agreement Implementation Act, as in effect on the day before + the date on which the USMCA enters into force, shall continue + to apply on and after that date with respect-- + (A) to any final determination described in + paragraph (1)(B) or clause (i), (ii), or (iii) of + paragraph (2)(B) of section 516A(a) of the Tariff Act + of 1930 (19 U.S.C. 1516a(a)) notice of which is + published in the Federal Register before such date, or + to a determination described in paragraph (2)(B)(vi) of + that section notice of which is received by the + Government of Canada or Mexico before the date on which + the USMCA enters into force; and + (B) to any binational panel review under NAFTA, or + any extraordinary challenge arising out of any such + review, that was commenced before the date on which the + USMCA enters into force. + +SEC. 505. GOVERNMENT PROCUREMENT. + + (a) General Authority To Modify Discriminatory Purchasing +Requirements.--Section 301 of the Trade Agreements Act of 1979 (19 +U.S.C. 2511) is amended-- + (1) in subsection (b)(1), by striking ``the North American + Free Trade Agreement'' and inserting ``the USMCA (as defined in + section 3 of the United States-Mexico-Canada Agreement + Implementation Act)''; and + (2) in subsection (e)-- + (A) by striking ``Annex 1001.1a-2 of the North + American Free Trade Agreement'' and inserting ``Annex + 13-A of the USMCA (as defined in section 3 of the + United States-Mexico-Canada Agreement Implementation + Act)''; and + (B) by striking ``chapter 10 of such Agreement'' + and inserting ``chapter 13 of the USMCA''. + (b) Definitions.--Section 308(4)(A)(ii) of the Trade Agreements Act +of 1979 (19 U.S.C. 2518(4)(A)(ii)) is amended-- + (1) by striking ``a party to the North American Free Trade + Agreement,'' and inserting ``Mexico, as a party to the USMCA + (as defined in section 3 of the United States-Mexico-Canada + Agreement Implementation Act),''; and + (2) by striking ``the North American Free Trade Agreement + for'' and inserting ``the USMCA for''. + (c) Effective Date.-- + (1) In general.--The amendments made by subsections (a) and + (b) shall-- + (A) take effect on the date on which the USMCA + enters into force; and + (B) apply with respect to a procurement on or after + that date. + (2) Transition from nafta treatment.--In the case of a + procurement before the date on which the USMCA enters into + force-- + (A) the amendments made by subsections (a) and (b) + to sections 301 and 308 of the Trade Agreements Act of + 1979 (19 U.S.C. 2511 and 2518) shall not apply with + respect to the contract; and + (B) sections 301 and 308 of such Act, as in effect + on the day before that date, shall continue to apply on + and after that date with respect to the contract. + +SEC. 506. ACTIONS AFFECTING UNITED STATES CULTURAL INDUSTRIES. + + (a) In General.--Section 182(f) of the Trade Act of 1974 (19 U.S.C. +2242(f)) is amended-- + (1) in paragraph (1)(C), by striking ``article 2106 of the + North American Free Trade Agreement'' and inserting ``article + 32.6 of the USMCA (as defined in section 3 of the United + States-Mexico-Canada Agreement Implementation Act)''; and + (2) in paragraph (2), in the matter preceding subparagraph + (A), by striking ``article 2106 of the North American Free + Trade Agreement'' and inserting ``article 32.6 of the USMCA''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on the date on which the USMCA enters into force. + +SEC. 507. REGULATORY TREATMENT OF URANIUM PURCHASES. + + (a) In General.--Section 1017(c) of the Energy Policy Act of 1992 +(42 U.S.C. 2296b-6(c)) is amended by striking ``North American Free +Trade Agreement'' and inserting ``USMCA (as defined in section 3 of the +United States-Mexico-Canada Agreement Implementation Act)''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on the date on which the USMCA enters into force. + +SEC. 508. REPORT ON AMENDMENTS TO EXISTING LAW. + + Not later than 180 days after the date of the enactment of this +Act, the Trade Representative shall submit to the Committee on Finance +of the Senate and the Committee on Ways and Means of the House of +Representatives a report setting forth a proposal for technical and +conforming amendments to the laws under the jurisdiction of such +committees, and other laws, necessary to fully carry out the provisions +of, and amendments made by, this Act. + + TITLE VI--TRANSITION TO AND EXTENSION OF USMCA + + Subtitle A--Transitional Provisions + +SEC. 601. REPEAL OF NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION + ACT. + + The North American Free Trade Agreement Implementation Act (Public +Law 103-182; 19 U.S.C. 3301 et seq.) is repealed, effective on the date +on which the USMCA enters into force. + +SEC. 602. CONTINUED SUSPENSION OF THE UNITED STATES-CANADA FREE-TRADE + AGREEMENT. + + Section 501(c)(3) of the United States-Canada Free-Trade Agreement +Implementation Act of 1988 (Public Law 100-449; 19 U.S.C. 2112 note) is +amended-- + (1) in the paragraph heading, by striking ``nafta'' and + inserting ``usmca''; and + (2) in the matter preceding subparagraph (A), by striking + ``between them of the North American Free Trade Agreement'' and + inserting ``of the USMCA (as defined in section 3 of the United + States-Mexico-Canada Agreement Implementation Act)''. + + Subtitle B--Joint Reviews Regarding Extension of USMCA + +SEC. 611. PARTICIPATION IN JOINT REVIEWS WITH CANADA AND MEXICO + REGARDING EXTENSION OF THE TERM OF THE USMCA AND OTHER + ACTION REGARDING THE USMCA. + + (a) In General.--Pursuant to the requirements of this section, the +President shall consult with the appropriate congressional committees +and stakeholders before each joint review, including consultation with +respect to-- + (1) any recommendation for action to be proposed at the + review; and + (2) the decision whether or not to confirm that the United + States wishes to extend the USMCA. + (b) Consultations With Congress and Stakeholders.-- + (1) Publication and public hearing.--At least 270 days + before a joint review commences, the Trade Representative shall + publish in the Federal Register a notice regarding the joint + review and shall, as soon as possible following such + publication, provide opportunity for the presentation of views + relating to the operation of the USMCA, including a public + hearing. + (2) Report to congress.--At least 180 days before a 6-year + joint review under article 34.7 of the USMCA commences, the + Trade Representative shall report to the appropriate + congressional committees regarding-- + (A) the assessment of the Trade Representative with + respect to the operation of the USMCA; + (B) the precise recommendation for action to be + proposed at the review and the position of the United + States with respect to whether to extend the term of + the USMCA; + (C) what, if any, prior efforts have been made to + resolve any concern that underlies that recommendation + or position; and + (D) the views of the advisory committees + established under section 135 of the Trade Act of 1974 + (19 U.S.C. 2155) regarding that recommendation or + position. + (c) Subsequent Action To Address Lack of Agreement on Term +Extension.-- + (1) In general.--If, as part of a joint review, any USMCA + country does not confirm that the country wishes to extend the + term of the USMCA under article 34.7.3 of the USMCA, at least + 70 days before any subsequent annual joint review meeting + conducted as required under article 34.7 of the USMCA, the + Trade Representative shall report to the appropriate + congressional committees regarding-- + (A) any reason offered by a USMCA country regarding + why the country is unable to agree to extend the term + of the USMCA; + (B) the progress that has been made in efforts to + achieve resolution of the concerns of that country; + (C) any proposed action that the Trade + Representative intends to raise during the meeting; and + (D) the views of the advisory committees + established under section 135 of the Trade Act of 1974 + (19 U.S.C. 2155) regarding the reasons described in + subparagraph (A) and any proposed action under + subparagraph (C). + (2) Additional information.--The Trade Representative shall + also provide detailed and timely information in response to any + questions posed by the appropriate congressional committees + with respect to any meeting described in paragraph (1), + including by submitting to those committees copies of any + proposed text that the Trade Representative plans to submit to + the other parties to the meeting. + (d) Congressional Engagement After Joint Review.-- + (1) In general.--Not later than 20 days after the USMCA + countries have met for a joint review, the Trade Representative + shall brief the appropriate congressional committees regarding + the positions expressed by the countries during the joint + review and what, if any, actions were agreed to by the + countries. + (2) Continued engagement.--After a joint review, the Trade + Representative shall keep the appropriate congressional + committees timely apprised of any developments arising out of + or related to the review. + (e) Definitions.--In this section: + (1) Joint review.--The term ``joint review'' means a review + conducted under the process provided for in article 34.7 of the + USMCA relating to extension of the term of the USMCA. + (2) USMCA country.--The term ``USMCA country'' has the + meaning given that term in section 202(a). + + Subtitle C--Termination of USMCA + +SEC. 621. TERMINATION OF USMCA. + + (a) Termination of USMCA Country Status.--During any period in +which a country ceases to be a USMCA country, this Act (other than this +subsection and title IX) and the amendments made by this Act shall +cease to have effect with respect to that country. + (b) Termination of USMCA.--On the date on which the USMCA ceases to +be in force with respect to the United States, this Act and the +amendments made by this Act (other than this subsection and title IX) +shall cease to have effect. + + TITLE VII--LABOR MONITORING AND ENFORCEMENT + +SEC. 701. DEFINITIONS. + + In this title: + (1) Labor attache.--The term ``labor attache'' means an + individual hired under subtitle B. + (2) Labor obligations.--The term ``labor obligations'' + means the obligations under chapter 23 of the USMCA (relating + to labor). + (3) Mexico's labor reform.--The term ``Mexico's labor + reform'' means the legislation on labor reform enacted by + Mexico on May 1, 2019. + + Subtitle A--Interagency Labor Committee for Monitoring and Enforcement + +SEC. 711. INTERAGENCY LABOR COMMITTEE FOR MONITORING AND ENFORCEMENT. + + (a) Establishment.--Not later than 90 days after the date of the +enactment of this Act, the President shall establish an Interagency +Labor Committee for Monitoring and Enforcement (in this title referred +to as the ``Interagency Labor Committee''), to coordinate United States +efforts with respect to each USMCA country-- + (1) to monitor the implementation and maintenance of the + labor obligations; + (2) to monitor the implementation and maintenance of + Mexico's labor reform; and + (3) to request enforcement actions with respect to a USMCA + country that is not in compliance with such labor obligations. + (b) Membership.--The Interagency Labor Committee shall-- + (1) be co-chaired by the Trade Representative and the + Secretary of Labor; and + (2) include representatives of such other Federal + departments or agencies with relevant expertise as the + President determines appropriate. + (c) Meetings.--The Interagency Labor Committee shall meet at least +once every 90 days during the 5-year period beginning on the date of +the enactment of this Act, and at least once every 180 days thereafter +for 5 years. + (d) Information Sharing.--Notwithstanding any other provision of +law, the members of the Interagency Labor Committee may exchange +information for purposes of carrying out this title. + +SEC. 712. DUTIES. + + The duties of the Interagency Labor Committee shall include the +following: + (1) Coordinating the activities of departments and agencies + of the Committee in monitoring implementation of and compliance + with labor obligations, including by-- + (A) requesting and reviewing relevant information + from the governments of USMCA countries and from the + public; + (B) coordinating visits to Mexico as necessary to + assess implementation of Mexico's labor reform and + compliance with the labor obligations of Mexico; + (C) receiving and reviewing quarterly assessments + from the labor attaches with respect to the + implementation of and compliance with Mexico's labor + reform; and + (D) coordinating with the Secretary of Treasury + with respect to support relating to labor issues + provided to Mexico by the Inter-American Development + Bank. + (2) Establishing an ongoing dialogue with appropriate + officials of the Government of Mexico regarding the + implementation of Mexico's labor reform and compliance with its + labor obligations. + (3) Coordinating with other institutions and governments + with respect to support relating to labor issues, such as the + International Labour Organization and the Government of Canada. + (4) Identifying priority issues for capacity-building + activities in Mexico to be funded by the United States, drawing + primarily on the expertise of the Department of Labor. + (5) Meeting, at least biannually during the 5-year period + beginning on the date of the enactment of this Act and at least + annually for 5 years thereafter, with the Labor Advisory + Committee for Trade Negotiations and Trade Policy established + under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. + 2155(c)(1)) (or any successor advisory committee) to consult + and provide opportunities for input with respect to-- + (A) the implementation of Mexico's labor reform; + (B) labor capacity-building activities in Mexico + funded by the United States; + (C) labor monitoring efforts; + (D) labor enforcement priorities; and + (E) other relevant issues. + (6) Based on the assessments required by section 714, + making recommendations relating to dispute settlement actions + to the Trade Representative, in accordance with section 715. + (7) Based on reports provided by the Forced Labor + Enforcement Task Force under section 743, developing + recommendations for appropriate enforcement actions by the + Trade Representative. + (8) Reviewing reports submitted by the labor experts + appointed in accordance with Annex 31-A of the USMCA, with + respect to the functioning of that Annex. + (9) Reviewing reports submitted by the Independent Mexico + Labor Expert Board under section 734. + +SEC. 713. ENFORCEMENT PRIORITIES. + + The Interagency Labor Committee shall-- + (1) review the list of priority sectors under Annex 31-A of + the USMCA and suggest to USTR additional sectors for review by + the USMCA countries as appropriate; + (2) establish and annually update a list of priority + subsectors within such priority sectors to be the focus of the + enforcement efforts of the Committee, the first of which shall + consist of-- + (A) auto assembly; + (B) auto parts; + (C) aerospace; + (D) industrial bakeries; + (E) electronics; + (F) call centers; + (G) mining; and + (H) steel and aluminum; and + (3) review priority facilities within such priority + subsectors for monitoring and enforcement. + +SEC. 714. ASSESSMENTS. + + (a) Ongoing Assessments.--For the 10-year period beginning on the +date of the enactment of this Act, except as provided in subsection +(b), the Interagency Labor Committee shall assess on a biannual basis +the extent to which Mexico is in compliance with its obligations under +Annex 23-A of the USMCA. + (b) Consultation Relating to Annual Assessment.--On or after the +date that is 5 years after the date of the enactment of this Act, the +Interagency Labor Committee may consult with the appropriate +congressional committees with respect to the frequency of the +assessment required under subsection (a) and, with the approval of both +such committees, may conduct such assessment on an annual basis for the +following 5 years. + (c) Matters To Be Included.--The assessment required under +subsection (a) shall also include each of the following: + (1) Whether Mexico is providing adequate funding to + implement and enforce Mexico's labor reform, including + specifically whether Mexico has provided funding consistent + with commitments made to contribute the following amounts for + the labor reform implementation budget: + (A) $176,000,000 for 2021. + (B) $325,000,000 for 2022. + (C) $328,000,000 for 2023. + (2) The extent to which any legal challenges to Mexico's + labor reform have succeeded in that court system. + (3) The extent to which Mexico has implemented the federal + and state labor courts, registration entity, and federal and + state conciliation centers consistent with the timeline set + forth for Mexico's labor reform, in the September 2019 policy + statements by the Government of Mexico on a national strategy + for implementation of the labor justice system, and in + subsequent policy statements in accordance with Mexico's labor + reform. + +SEC. 715. RECOMMENDATION FOR ENFORCEMENT ACTION. + + (a) Recommendation To Initiate.--If the Interagency Labor Committee +determines, pursuant to an assessment under section 714, as a result of +monitoring activities described in section 712(1), or pursuant to a +report of the Independent Mexico Labor Expert Board that a USMCA +country has failed to meets its labor obligations, including with +respect to obligations under Annex 23-A of the USMCA, the Committee +shall recommend that the Trade Representative initiate enforcement +actions under-- + (1) article 23.13 or 23.17 of the USMCA (relating to + cooperative labor dialogue and labor consultations); + (2) articles 31.4 and 31.6 of the USMCA (relating to + dispute settlement consultations); or + (3) Annex 31-A of the USMCA (relating to the rapid response + labor mechanism). + (b) Trade Representative Determinations.--Not later than 60 days +after the date on which the Trade Representative receives a +recommendation pursuant to subsection (a), the Trade Representative +shall-- + (1) determine whether to initiate an enforcement action; + and + (2) if such determination is negative, submit to the + appropriate congressional committees a report on the reasons + for such negative determination. + +SEC. 716. PETITION PROCESS. + + (a) In General.--The Interagency Labor Committee shall establish +procedures for submissions by the public of information with respect to +potential failures to implement the labor obligations of a USMCA +country. + (b) Facility-Specific Petitions.--With respect to information +submitted in accordance with the procedures established under +subsection (a) accompanying a petition relating to a denial of rights +at a covered facility, as such terms are defined for purposes of Annex +31-A of the USMCA: + (1) The Interagency Labor Committee shall review such + information within 30 days of submission and shall determine + whether there is sufficient, credible evidence of a denial of + rights (as so defined) enabling the good-faith invocation of + enforcement mechanisms. + (2) If the Committee reaches a negative determination under + paragraph (1), the Committee shall certify such determination + to the appropriate congressional committees and the petitioner. + (3) If the Committee reaches an affirmative determination + under paragraph (1), the Trade Representative shall submit a + request for review, in accordance with article 31-A.4 of such + Annex, with respect to the covered facility and shall inform + the petitioner and the appropriate congressional committees of + the submission of such request. + (4) Not later than 60 days after the date of an affirmative + determination under paragraph (1), the Trade Representative + shall-- + (A) determine whether to request the establishment + of a rapid response labor panel in accordance with such + Annex; and + (B) if such determination is negative, certify such + determination to the appropriate congressional + committees in conjunction with the reasons for such + determination and the details of any agreed-upon + remediation plan. + (c) Other Petitions.--With respect to information submitted in +accordance with the procedures established under subsection (a) +accompanying a petition relating to any other violation of the labor +obligations of a USMCA country: + (1) The Interagency Labor Committee shall review such + information not later than 20 days after the date of the + submission and shall determine whether the information warrants + further review. + (2) If the Committee reaches an affirmative determination + under paragraph (1), such further review shall focus + exclusively on determining, not later than 60 days after the + date of such submission, whether there is sufficient, credible + evidence that the USMCA country is in violation of its labor + obligations, for purposes of initiating enforcement action + under chapter 23 or chapter 31 of the USMCA. + (3) If the Committee reaches an affirmative determination + under paragraph (2), the Trade Representative shall-- + (A) not later than 60 days after the date of the + determination of the Committee, initiate appropriate + enforcement action under such chapter 23 or chapter 31; + or + (B) submit to the appropriate congressional + committees a notification including the reasons for + which action was not initiated within such 60-day + period. + +SEC. 717. HOTLINE. + + The Interagency Labor Committee shall establish a web-based +hotline, monitored by the Department of Labor, to receive confidential +information regarding labor issues among USMCA countries directly from +interested parties, including Mexican workers. + +SEC. 718. REPORTS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and every 180 days thereafter for 10 years +except as provided in subsection (b), the Interagency Labor Committee +shall submit to the appropriate congressional committees a report that +includes-- + (1) a description of Committee staffing and capacity + building activities with Mexico; + (2) information regarding the budget resources for Mexico's + labor reform and the deadlines in the September 2019 policy + statements by the Government of Mexico on a national strategy + for implementation of the labor justice system and in + subsequent policy statements in accordance with Mexico's labor + reform; + (3) a summary of petitions filed in accordance with section + 716 and the use of the rapid response labor mechanism under + Annex 31-A of the USMCA; + (4) the results of the most recent assessment conducted + under section 714; and + (5) if, with respect to any report of the Independent + Mexico Labor Expert Board submitted under section 734 that + includes a determination described in paragraph (2) of such + section, the Interagency Labor Committee does not concur with + such determination, an explanation of the reasons for not + concurring in such determination and a commitment to provide an + oral briefing with respect to such explanation upon request. + (b) Consultation Relating to Annual Assessment.--On or after the +date that is 5 years after the date of the enactment of this Act, the +Trade Representative and the Secretary of Labor may consult with the +appropriate congressional committees with respect to the frequency of +the reports required under subsection (a) and, with the approval of +both such committees, may submit such report on an annual basis for the +following 5 years. + (c) Five-Year Assessment.--Not later than the date that is 5 years +after the date of the establishment of the Interagency Labor Committee +pursuant to section 711(a), the Committee shall jointly submit to the +appropriate congressional committees-- + (1) a comprehensive assessment of the implementation of + Mexico's labor reform, including with respect to-- + (A) whether Mexico has reviewed and legitimized all + existing collective bargaining agreements in Mexico; + (B) whether Mexico has addressed the pre-existing + legal or administrative labor disputes; + (C) whether Mexico has established the Federal + Center for Conciliation and Labor Registration, and an + assessment of that Center's operation; + (D) whether Mexico has established the federal + labor courts, and an assessment of their operation; and + (E) whether Mexico has established the state + conciliation centers and labor courts in all states and + an assessment of their operation; and + (2) a strategic plan and recommendations for actions to + address areas of concern relating to the implementation of + Mexico's labor reform, for purposes of the joint review + conducted pursuant to article 34.7 of the USMCA on the sixth + anniversary of the entry into force of the USMCA. + +SEC. 719. CONSULTATIONS ON APPOINTMENT AND FUNDING OF RAPID RESPONSE + LABOR PANELISTS. + + (a) In General.--The Interagency Labor Committee shall consult with +the Labor Advisory Committee established under section 135(c)(1) of the +Trade Act of 1974 (19 U.S.C. 2155(c)(1)) and the Advisory Committee for +Trade Policy and Negotiations established under section 135(b) of such +Act (or successor advisory committees) and the appropriate +congressional committees with respect to the selection and appointment +of candidates for the rapid response labor panelists described in Annex +31-A of the USMCA. + (b) Funding.--The United States, in consultation with Mexico, shall +provide adequate funding for rapid response labor panelists to carry +out the responsibilities under the USMCA promptly and fully. + + Subtitle B--Mexico Labor Attaches + +SEC. 721. ESTABLISHMENT. + + The Secretary of Labor shall-- + (1) hire and fix the compensation of up to 5 additional + full-time officers or employees of the Department of Labor; and + (2) detail or assign such officers or employees to the + United States Embassy or a United States Consulate in Mexico to + carry out the duties described in section 722. + +SEC. 722. DUTIES. + + The duties described in this section are the following: + (1) Assisting the Interagency Labor Committee to monitor + and enforce the labor obligations of Mexico. + (2) Submitting to the Interagency Labor Committee on a + quarterly basis reports on the efforts undertaken by Mexico to + comply with its labor obligations. + +SEC. 723. STATUS. + + Any officer or employee, while detailed or assigned under this +subtitle, shall be considered, for the purpose of preserving their +allowances, privileges, rights, seniority, and other benefits as such, +an officer or employee of the United States Government and of the +agency of the United States Government from which detailed or assigned, +and shall continue to receive compensation, allowances, and benefits +from program funds appropriated to that agency or made available to +that agency for purposes related to the activities of the detail or +assignment, in accordance with authorities related to their employment +status and agency policies. + + Subtitle C--Independent Mexico Labor Expert Board + +SEC. 731. ESTABLISHMENT. + + There is hereby established a board, to be known as the +``Independent Mexico Labor Expert Board'', to be responsible for +monitoring and evaluating the implementation of Mexico's labor reform +and compliance with its labor obligations. The Board shall also advise +the Interagency Labor Committee with respect to capacity-building +activities needed to support such implementation and compliance. + +SEC. 732. MEMBERSHIP; TERM. + + (a) Membership.--The Board shall be composed of 12 members who +shall be appointed as follows: + (1) Four members to be appointed by the Labor Advisory + Committee established under section 135(c)(1) of the Trade Act + of 1974 (19 U.S.C. 2155(c)(1)) (or successor advisory + committee). + (2) Two members appointed by the Speaker of the House of + Representatives, in consultation with the Chair of the + Committee on Ways and Means of the House of Representatives. + (3) Two members appointed by the president pro tempore of + the Senate from among individuals recommended by the majority + leader of the Senate and in consultation with the Chair of the + Committee on Finance of the Senate. + (4) Two members appointed by the minority leader of the + House of Representatives, in consultation with the Ranking + Member of the Committee on Ways and Means of the House of + Representatives. + (5) Two members appointed by the President pro tempore of + the Senate from among individuals recommended by the minority + leader of the Senate and in consultation with the Ranking + Member of the Committee on Finance of the Senate. + (b) Term.--Except as provided in subsection (c), members of the +Board shall serve for a term of 6 years. + (c) Extension of Term.--If the Board determines, at the end of the +6-year period beginning on the date of the appointment of the last +member appointed in accordance with subsection (a), that Mexico is not +fully in compliance with its labor obligations, a majority of the +members of the Board may determine to extend its term for 4 additional +years. A new Board shall be appointed in accordance with subsection (a) +and shall serve for a single term of 4 years. + +SEC. 733. FUNDING. + + The United States shall provide necessary funding to support the +work of the Board, including with respect to translation services and +personnel support. + +SEC. 734. REPORTS. + + For the 6-year period beginning on the date of the enactment of +this Act, and for an additional 4 years if the term of the Board is +extended in accordance with section 732(c), the Board shall submit to +appropriate congressional committees and to the Interagency Labor +Committee an annual report that-- + (1) contains an assessment of-- + (A) the efforts of Mexico to implement Mexico's + labor reform; and + (B) the manner and extent to which labor laws are + generally enforced in Mexico; and + (2) may include a determination that Mexico is not in + compliance with its labor obligations. + + Subtitle D--Forced Labor + +SEC. 741. FORCED LABOR ENFORCEMENT TASK FORCE. + + (a) Establishment.--Not later than 90 days after the date of the +enactment of this Act, the President shall establish a Forced Labor +Enforcement Task Force to monitor United States enforcement of the +prohibition under section 307 of the Tariff Act of 1930 (19 U.S.C. +1307). + (b) Members; Meetings.-- + (1) Members.--The Task Force shall be chaired by the + Secretary of Homeland Security and shall be comprised of + representatives from such other agencies with relevant + expertise, including the Office of the United States Trade + Representative and the Department of Labor, as the President + determines appropriate. + (2) Meetings.--The Task Force shall meet on a quarterly + basis regarding active Withhold and Release Orders, ongoing + investigations, petitions received, and enforcement priorities, + and other relevant issues with respect to enforcing the + prohibition under section 307 of the Tariff Act. + +SEC. 742. TIMELINE REQUIRED. + + (a) In General.--Not later than 90 days after the establishment of +the Forced Labor Enforcement Task Force pursuant to section 741(a), the +Task Force shall establish timelines for responding to petitions +submitted to the Commissioner of U.S. Customs and Border Protection +alleging that goods are being imported by or with child or forced +labor. + (b) Consultation Required.--In establishing the timelines during +such 90-day period, the Task Force shall consult with the appropriate +congressional committees. + (c) Report.--The Task Force shall timely submit to the appropriate +congressional committees a report that contains the timelines +established pursuant to subsection (a) and shall make such report +publicly available. + +SEC. 743. REPORTS REQUIRED. + + The Forced Labor Enforcement Task Force shall submit to appropriate +congressional committees a biannual report that includes the following: + (1) The enforcement activities and priorities of the + Department of Homeland Security with respect to enforcing the + prohibition under section 307 of the Tariff Act of 1930 (19 + U.S.C. 1307). + (2) The number of instances in which merchandise was denied + entry pursuant to such prohibition during the preceding 180-day + period. + (3) A description of the merchandise so denied entry. + (4) An enforcement plan regarding goods included in the + most recent ``Findings on the Worst Forms of Child Labor'' + report submitted in accordance with section 504 of the Trade + Act of 1974 (19 U.S.C. 2464) and ``List of Goods Produced by + Child Labor or Forced Labor'' submitted in accordance with + section 105(b)(2)(C) of the Trafficking Victims Protection + Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)). + (5) Such other information as the Forced Labor Enforcement + Task Force considers appropriate with respect to monitoring and + enforcing compliance with section 307 of the Tariff Act of 1930 + (19 U.S.C. 1307). + +SEC. 744. DUTIES RELATED TO MEXICO. + + The Task Force shall-- + (1) develop, in consultation with the appropriate + congressional committees, an enforcement plan regarding goods + produced by or with forced labor in Mexico; and + (2) report to the Interagency Labor Committee with respect + to any concerns relating to the enforcement of the prohibition + under section 307 of the Tariff Act with respect to Mexico, + including any allegations that may be filed with respect to + forced labor in Mexico. + + Subtitle E--Enforcement Under Rapid Response Labor Mechanism + +SEC. 751. TRANSMISSION OF REPORTS. + + Each report issued by a rapid response labor panel constituted in +accordance with Annex 31-A of the USMCA shall be immediately submitted +to the appropriate congressional committees, the Labor Advisory +Committee established under section 135(c)(1) of the Trade Act of 1974 +(19 U.S.C. 2155(c)(1)) (or successor advisory committee), and, as +appropriate, the petitioner submitting information pursuant to section +716. The Trade Representative shall also make each such report publicly +available in a timely manner. + +SEC. 752. SUSPENSION OF LIQUIDATION. + + (a) In General.--If the United States files a request pursuant to +article 31-A.4.2 of Annex 31-A of the USMCA, the Trade Representative +may direct the Secretary of the Treasury to suspend liquidation for +unliquidated entries of goods from such covered facility until such +time as the Trade Representative notifies the Secretary that a +condition described in subsection (b) has been met. + (b) Resumption of Liquidation.--The conditions described in this +subsection are the following: + (1) The rapid response labor panel has determined that + there is no denial of rights at the covered facility within the + meaning of such terms under Annex 31-A of the USMCA. + (2) A course of remediation for denial of rights has been + agreed to and has been completed in accordance with the agreed- + upon time. + (3) The denial of rights has been otherwise remedied. + +SEC. 753. FINAL REMEDIES. + + (a) In General.--If a rapid response labor panel constituted in +accordance with Annex 31-A of the USMCA determines with respect to a +case that there has been a denial of rights within the meaning of such +Annex, the Trade Representative may, in consultation with the +appropriate congressional committees-- + (1) direct the Secretary of the Treasury, until the date of + the notification described in subsection (b) and in accordance + with Annex 31-A of the USMCA-- + (A) to-- + (i) deny entry to goods, produced wholly or + in part, from any covered facility involved in + such case; or + (ii) allow for the release of goods, + produced wholly or in part, from such covered + facilities only upon payment of duties and any + penalty; and + (B) to apply any duties or penalties to customs + entries for which liquidation was suspended pursuant to + section 752; and + (2) apply other remedies that are appropriate and available + under Annex 31-A of the USMCA, until the denial of rights with + respect to the case has been remedied. + (b) Remediation Notification.--The Trade Representative shall +promptly notify the Secretary when the denial of rights with respect to +a case described in subsection (a) has been remedied. + + TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT + +SEC. 801. DEFINITIONS. + + In this title: + (1) Environmental law.--The term ``environmental law'' has + the meaning given the term in article 24.1 of the USMCA. + (2) Environmental obligations.--The term ``environmental + obligations'' means obligations relating to the environment + under-- + (A) chapter 1 of the USMCA (relating to initial + provisions and general definitions); and + (B) chapter 24 of the USMCA (relating to + environment). + + Subtitle A--Interagency Environment Committee for Monitoring and + Enforcement + +SEC. 811. ESTABLISHMENT. + + (a) In General.--Not later than 30 days after the date of the +enactment of this Act, the President shall establish an Interagency +Environment Committee for Monitoring and Enforcement (in this title +referred to as the ``Interagency Environment Committee'')-- + (1) to coordinate United States efforts to monitor and + enforce environmental obligations generally; and + (2) with respect to the USMCA countries-- + (A) to carry out an assessment of their + environmental laws and policies; + (B) to carry out monitoring actions with respect to + the implementation and maintenance of their + environmental obligations; and + (C) to request enforcement actions with respect to + USMCA countries that are not in compliance with their + environmental obligations. + (b) Membership.--The members of the Interagency Environment +Committee shall be the following: + (1) The Trade Representative, who shall serve as + chairperson. + (2) Representatives from each of the following: + (A) The National Oceanic Atmospheric + Administration. + (B) The U.S. Fish and Wildlife Service. + (C) The U.S. Forest Service. + (D) The Environmental Protection Agency. + (E) The Animal and Plant Health Inspection Service. + (F) U.S. Customs and Border Protection. + (G) The Department of State. + (H) The Department of Justice. + (I) The Department of the Treasury. + (J) The United States Agency for International + Development. + (3) Representatives from other Federal agencies, as the + President determines to be appropriate. + (c) Information Sharing.--Notwithstanding any other provision of +law, the members of the Interagency Environment Committee may exchange +information for purposes of carrying out this subtitle. + +SEC. 812. ASSESSMENT. + + (a) In General.--The Interagency Environment Committee shall carry +out an assessment of the environmental laws and policies of the USMCA +countries-- + (1) to determine if such laws and policies are sufficient + to implement their environmental obligations; and + (2) to identify any gaps between such laws and policies and + their environmental obligations. + (b) Matters To Be Included.--The assessment required by subsection +(a) shall identify the environmental laws and policies of the USMCA +countries with respect to which enhanced cooperation, including the +provision of technical assistance and capacity building assistance, +monitoring actions, and enforcement actions, if appropriate, should be +carried out on an enhanced and continuing basis. + (c) Report.--Not later than 90 days after the date on which the +Interagency Environment Committee is established, or the date on which +the USMCA enters into force, whichever occurs earlier, the Interagency +Environment Committee shall submit a report that contains the +assessment required by subsection (a) to-- + (1) the appropriate congressional committees; and + (2) the Trade and Environment Policy Advisory Committee (or + successor advisory committee) established under section + 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)). + (d) Update.--The Interagency Environment Committee shall-- + (1) update the assessment required by subsection (a) at the + appropriate time prior to submission of the report required by + section 816(a) that is to be submitted in the fifth year after + the USMCA enters into force; and + (2) submit the updated assessment to the Trade + Representative for inclusion in such fifth annual report. + (e) Consultation.--The Interagency Environment Committee shall +consult on a regular basis with the USMCA countries-- + (1) in carrying out the assessment required by subsection + (a) and the update to the assessment required by subsection + (d); and + (2) in preparing the report required by subsection (c). + +SEC. 813. MONITORING ACTIONS. + + (a) In General.--The Interagency Environment Committee shall carry +out monitoring actions, which shall include the monitoring actions +described in subsections (b), (c), and (d), with respect to the +implementation and maintenance of the environmental obligations of the +USMCA countries. + (b) Review of CEC Secretariat Submissions.-- + (1) In general.--Not later than 30 days after the date on + which the Secretariat of the Commission for Environmental + Cooperation prepares a factual record under article 24.28 of + the USMCA relating to a submission filed under article 24.27 of + the USMCA with respect to a USMCA country, the Interagency + Environment Committee-- + (A) shall review the factual record; and + (B) may, based on findings of the review under + subparagraph (A) that the USMCA country is not in + compliance with its environmental obligations, request + enforcement actions under section 814 with respect to + the USMCA country. + (2) Written justification.--If the Interagency Environment + Committee finds that a USMCA country is not in compliance with + its environmental obligations under paragraph (1)(B) and + determines not to request enforcement actions under section 814 + with respect to the USMCA country, the Committee shall, not + later than 30 days after the date on which it makes the + determination, provide to the appropriate congressional + committees a written explanation and justification of the + determination. + (c) Review of Reports of United States Environment Attaches to +Mexico.--The Interagency Environment Committee shall-- + (1) review each report submitted to the Committee under + section 822(b)(2); and + (2) based on the findings of each such report, assess the + efforts of Mexico to comply with its environmental obligations. + (d) United States Implementation of Environment Cooperation and +Customs Verification Agreement.-- + (1) Verification of shipments.--The Interagency Environment + Committee-- + (A) may request verification of particular + shipments of Mexico under the Environment Cooperation + and Customs Verification Agreement between the United + States and Mexico, done at Mexico City on December 10, + 2019, in response to-- + (i) comments submitted by the public to + request verification of particular shipments of + Mexico under such Agreement; or + (ii) on its own motion; and + (B) upon receipt of comments described in + subparagraph (A)(i)-- + (i) shall review the comments not later + than 30 days after the date on which the + comments are submitted to the Trade + Representative; and + (ii) may request the Trade Representative + to, within a reasonable period of time, request + Mexico to provide relevant information for + purposes of verification of particular + shipments of Mexico described in subparagraph + (A). + (2) Review of relevant information and request for + additional steps.--The Interagency Environment Committee-- + (A) shall review relevant information provided by + Mexico as described in paragraph (1)(B)(ii) to + determine if the Trade Representative should request + additional steps to verify information provided or + related to a particular shipment of Mexico; and + (B) may request the Trade Representative to, within + a reasonable period of time, request Mexico to take + such additional steps with respect to the particular + shipment. + (3) Consultation.--The Trade Representative, on behalf of + the Interagency Environment Committee, shall, on a quarterly + basis, consult with the appropriate congressional committees + and the Trade and Environment Policy Advisory Committee (or + successor advisory committee) established under section + 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) + regarding the public comments and relevant information + described in paragraph (1) and the actions taken under + paragraph (2). + (e) Application.--Subsections (c) and (d) shall apply with respect +to Mexico for such time as the USMCA is in force with respect to, and +the United States applies the USMCA to, Mexico. + +SEC. 814. ENFORCEMENT ACTIONS. + + The Interagency Environment Committee-- + (1) may request the Trade Representative to, within a + reasonable period of time, request consultations under-- + (A) article 24.29 of the USMCA (relating to + environment consultations) with respect to the USMCA + country; or + (B) articles 31.4 and 31.6 of the USMCA (relating + to dispute settlement consultations) with respect to + the USMCA country; or + (2) may request the heads of other Federal agencies + described in section 815 to initiate monitoring or enforcement + actions with respect to the USMCA country under the provisions + of law described in section 815. + +SEC. 815. OTHER MONITORING AND ENFORCEMENT ACTIONS. + + (a) Marine Mammal Protection Act.--The Secretary of Commerce has +authority to take appropriate monitoring or enforcement actions under +the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). + (b) Magnuson-Stevens Fishery Conservation and Management Act.--The +Secretary of Commerce has authority to take appropriate monitoring or +enforcement actions under the following provisions of law: + (1) The Magnuson-Stevens Fishery Conservation and + Management Act (16 U.S.C. 1801 et seq.). + (2) The Magnuson-Stevens Fishery Conservation and + Management Reauthorization Act of 2006 (16 U.S.C. 1891 et + seq.). + (3) The High Seas Driftnet Fishing Moratorium Protection + Act (16 U.S.C. 1826d et seq.). + (4) The Shark Conservation Act of 2010 (16 U.S.C. 1826k + note; 1857 note). + (5) The Shark Finning Prohibition Act (16 U.S.C. 1822 + note). + (c) Fishermen's Protective Act of 1967.--The Secretary of Commerce +and Secretary of the Interior have authority to take appropriate +monitoring or enforcement actions under section 8 of the Fishermen's +Protective Act of 1967 (22 U.S.C. 1978). + (d) Agreement on Port State Measures To Prevent, Deter and +Eliminate Illegal, Unreported and Unregulated Fishing.--The Secretary +of Commerce has authority to take appropriate monitoring or enforcement +actions under the Port State Measures Agreement Act of 2015 (16 U.S.C. +7401 et seq.). + (e) Endangered Species Act.--The Secretary of Agriculture, the +Secretary of the Interior, the Secretary of Homeland Security, the +Secretary of Commerce, and the Secretary of the Treasury have authority +to take appropriate monitoring or enforcement actions under the +Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). + (f) Lacey Act.--The Secretary of Agriculture, the Secretary of +Commerce, the Secretary of the Interior, the Secretary of Homeland +Security, and the Secretary of the Treasury have authority to take +appropriate monitoring or enforcement actions under the Lacey Act +Amendments of 1981 (16 U.S.C. 3371 et seq.). + (g) Migratory Bird Treaty Act.--The Secretary of the Interior has +authority to take appropriate monitoring or enforcement actions under +the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 et seq.). + (h) Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act.-- +The Secretary of State, the Secretary of the Interior, the Attorney +General, and Administrator of the United States Agency for +International Development have authority to take appropriate monitoring +or enforcement actions under the Eliminate, Neutralize, and Disrupt +Wildlife Trafficking Act of 2016 (16 U.S.C. 7601 et seq.). + (i) Wild Bird Conservation Act.--The Secretary of the Interior has +authority to take appropriate monitoring or enforcement actions under +the Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.). + (j) Customs Seizure and Other Authorities.--The Secretary of +Homeland Security has authority to take appropriate monitoring or +enforcement actions under section 499 of the Tariff Act of 1930 (19 +U.S.C. 1499) or section 596 of such Act (19 U.S.C. 1595a). + (k) Other Relevant Provisions of Law.--The Interagency Environment +Committee may request the heads of other Federal agencies to take +appropriate monitoring or enforcement actions under other relevant +provisions of law. + (l) Rule of Construction.--Nothing in this section may be construed +to supersede or otherwise limit in any manner the functions or +authority of the head of any Federal agency described in this section +under any other provision of law. + +SEC. 816. REPORT TO CONGRESS. + + (a) In General.--The Trade Representative, in consultation with the +head of any Federal agency described in this subtitle, shall submit to +the appropriate congressional committees a report on the implementation +of this subtitle, including-- + (1) a description of efforts of the USMCA countries to + implement their environmental obligations; and + (2) a description of additional efforts to be taken with + respect to USMCA countries that are failing to implement their + environmental obligations. + (b) Timing of Report.--The report required by subsection (a) shall +be submitted-- + (1) not later than one year after the date on which the + USMCA enters into force; + (2) annually for each of the next four years; and + (3) biennially thereafter. + (c) Additional Matters To Be Included in the Fifth Annual Report.-- +The report required by subsection (a) that is submitted in the fifth +year after the USMCA enters into force shall also include the +following: + (1) The updated assessment required by section 812(d). + (2) A comprehensive determination regarding USMCA + countries' implementation of their environmental obligations. + (3) An explanation of how compliance with environmental + obligations will be taken into consideration during the ``joint + review'' conducted pursuant to article 34.7.2 of the USMCA on + the sixth anniversary of the entry into force of the USMCA. + +SEC. 817. REGULATIONS. + + The head of any Federal agency described in this subtitle, in +consultation with the Interagency Environment Committee, may prescribe +such regulations as are necessary to carry out the authorities of the +Federal agency as provided for under this subtitle. + + Subtitle B--Other Matters + +SEC. 821. BORDER WATER INFRASTRUCTURE IMPROVEMENT AUTHORITY. + + (a) In General.--The Administrator of the Environmental Protection +Agency shall, in coordination with eligible public entities, carry out +the planning, design, construction, and operation and maintenance of +high priority treatment works in the covered area to treat wastewater +(including stormwater), nonpoint sources of pollution, and related +matters resulting from international transboundary water flows +originating in Mexico. + (b) Report to Congress.--Not later than 1 year after the date of +enactment of this Act, and annually thereafter, the Administrator shall +submit to Congress a report on activities carried out pursuant to this +section. + (c) Definitions.--In this section: + (1) Covered area.--The term ``covered area'' means the + portion of the Tijuana River watershed that is in the United + States. + (2) Eligible public entities.--The term ``eligible public + entities'' means-- + (A) the United States Section of the International + Boundary and Water Commission; + (B) the Corps of Engineers; + (C) the North American Development Bank; + (D) the Department of State; + (E) any other appropriate Federal agency; + (F) the State of California; and + (G) any of the following entities with jurisdiction + over any part of the covered area: + (i) A local government. + (ii) An Indian Tribe. + (iii) A regional water board. + (iv) A public wastewater utility. + (3) Treatment works.--The term ``treatment works'' has the + meaning given that term in section 212 of the Federal Water + Pollution Control Act. + +SEC. 822. DETAIL OF PERSONNEL TO OFFICE OF THE UNITED STATES TRADE + REPRESENTATIVE. + + (a) In General.--Upon the request of the Trade Representative, the +Administrator of the Environmental Protection Agency, the Director of +the U.S. Fish and Wildlife Service, and the Administrator of the +National Oceanic Atmospheric Administration may detail, on a +reimbursable basis, one employee of each such respective agency to the +Office of the United States Trade Representative to be assigned to the +United States Embassy in Mexico to carry out the duties described in +subsection (b). + (b) Duties.--The duties described in this subsection are the +following: + (1) Assist the Interagency Environment Committee to carry + out monitoring and enforcement actions with respect to the + environmental obligations of Mexico. + (2) Prepare and submit to the Interagency Environment + Committee on a quarterly basis a report on efforts of Mexico to + comply with its environmental obligations. + + Subtitle C--North American Development Bank + +SEC. 831. GENERAL CAPITAL INCREASE. + + Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. +290m et seq.) is amended by adding at the end the following: + +``SEC. 547. FIRST CAPITAL INCREASE. + + ``(a) Subscription Authorized.-- + ``(1) In general.--The Secretary of the Treasury is + authorized to subscribe on behalf of the United States to, and + make payment for, 150,000 additional shares of the capital + stock of the Bank. + ``(2) Limitation.--Any subscription by the United States to + the capital stock of the Bank shall be effective only to such + extent and in such amounts as are provided in advance in + appropriations Acts. + ``(b) Limitations on Authorization of Appropriations.-- + ``(1) In general.--In order to pay for the increase in the + United States subscription to the Bank under subsection (a), + there are authorized to be appropriated, without fiscal year + limitation, $1,500,000,000 for payment by the Secretary of the + Treasury. + ``(2) Allocation of funds.--Of the amount authorized to be + appropriated under paragraph (1)-- + ``(A) $225,000,000 shall be for paid in shares of + the Bank; and + ``(B) $1,275,000,000 shall be for callable shares + of the Bank.''. + +SEC. 832. POLICY GOALS. + + (a) In General.--To the extent consistent with the mission and +scope of the North American Development Bank on the day before the date +of the enactment of this Act and pursuant to section 2 of article II of +the Charter, the Secretary of the Treasury should direct the +representatives of the United States to the Board of Directors of the +Bank to use the voice and vote of the United States to give preference +to the financing of projects related to environmental infrastructure +relating to water pollution, wastewater treatment, water conservation, +municipal solid waste, stormwater drainage, non-point pollution, and +related matters. + (b) Charter Defined.--In this section, the term ``Charter'' means +the Agreement Concerning the Establishment of a Border Environment +Cooperation Commission and a North American Development Bank, signed at +Washington and Mexico November 16 and 18, 1993, and entered into force +January 1, 1994 (TIAS 12516), between the United States and Mexico. + +SEC. 833. EFFICIENCIES AND STREAMLINING. + + The Secretary of the Treasury should direct the representatives of +the United States to the Board of Directors of the North American +Development Bank to use the voice and vote of the United States to seek +to require the Bank to develop and implement efficiency improvements to +streamline and accelerate the project certification and financing +process, including through initiatives such as single certifications +for revolving facilities, programmatic certification of similar groups +of small projects, expansion of internal authority to approve qualified +projects below certain monetary thresholds, and expedited certification +for public sector projects subject to lender bidding processes. + +SEC. 834. PERFORMANCE MEASURES. + + (a) In General.--The Secretary of the Treasury should direct the +representatives of the United States to the Board of Directors of the +North American Development Bank to use the voice and vote of the United +States to seek to require the Bank to develop performance measures +that-- + (1) demonstrate how projects and financing approved by the + Bank are meeting the Bank's mission and providing added value + to the region near the international land border between the + United States and Mexico; and + (2) are reviewed and updated not less frequently than + annually. + (b) Report to Congress.--The Secretary of the Treasury shall submit +to Congress, with the submission to Congress of the budget of the +President for a fiscal year under section 1105(a) of title 31, United +States Code, a report on progress in imposing the performance measures +described in subsection (a) of this section. + + TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019 + + The following sums are hereby appropriated, out of any money in +the Treasury not otherwise appropriated, for fiscal year 2020 and for +other purposes, namely: + + DEPARTMENT OF AGRICULTURE + + Agricultural Programs + + Animal and Plant Health Inspection Service + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', for +enforcement of the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et +seq.) during fiscal years 2020 through 2023 related to trade activities +between the United States and Mexico, $4,000,000, to remain available +until September 30, 2023: Provided, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + DEPARTMENT OF COMMERCE + + National Oceanic and Atmospheric Administration + + operations, research, and facilities + + For an additional amount for ``Operations, Research, and +Facilities'', $16,000,000, to remain available until September 30, +2023: Provided, That $8,000,000 shall be available to engage in +cooperation with the Government of Mexico to combat illegal, +unreported, and unregulated fishing and enhance the implementation of +the Seafood Import Monitoring Program pursuant to 16 U.S.C. 1826 and +1829, during fiscal years 2020 through 2023: Provided further, That +$8,000,000 shall be available to carry out section 3 of the Marine +Debris Act (33 U.S.C. 1952) during fiscal years 2020 through 2023 in +the North American region: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + Office of the United States Trade Representative + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', +$50,000,000, to remain available until September 30, 2023: Provided, +That $30,000,000 shall be available solely to provide for additional +capacity of the Office during fiscal years 2020 through 2023 to monitor +compliance with labor obligations (as such term is defined in section +701 of this Act), including the necessary expenses of additional full- +time employees to participate in the Interagency Labor Committee for +Monitoring and Enforcement established pursuant to section 711 of this +Act: Provided further, That $20,000,000 shall be available to +reimburse the necessary expenses of personnel participating in the +Interagency Environment Committee for Monitoring and Enforcement +established pursuant to section 811 of this Act during fiscal years +2020 through 2023 to monitor compliance with environmental obligations +(as such term is defined in section 801 of this Act), including up to 1 +additional full-time employee detailed to the United States Embassy in +Mexico from each of the United States Fish and Wildlife Service, the +Environmental Protection Agency, and the National Oceanic and +Atmospheric Administration: Provided further, That, if the United +States Trade Representative determines that the additional amount +appropriated under this heading in this Act exceeds the amount +sufficient to provide for the reimbursement of personnel specified in +the previous proviso, such excess amounts may be used to reimburse the +necessary expenses of additional personnel participating in the +Interagency Environment Committee for Monitoring and Enforcement during +fiscal years 2020 through 2023 to monitor compliance with environmental +obligations (as such term is defined in section 801 of this Act): +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + trade enforcement trust fund + + For an additional amount for the ``Trade Enforcement Trust Fund'', +$40,000,000, to remain available until September 30, 2023, to carry out +the enforcement of environmental obligations under the USMCA, including +for state-to-state dispute settlement actions, during fiscal years 2020 +through 2023: Provided, That, amounts appropriated in this paragraph +shall not count toward the limitation specified in section 611(b)(2) of +the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. +4405): Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + DEPARTMENT OF THE INTERIOR + + United States Fish and Wildlife Service + + resource management + + For an additional amount for ``Resource Management'', to enforce +the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) and sections +42 and 43 of title 18, United States Code, with respect to goods +imported or exported between the United States and Mexico, during +fiscal years 2020 through 2023, $4,000,000, to remain available until +September 30, 2023: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + ENVIRONMENTAL PROTECTION AGENCY + + Environmental Programs and Management + + For an additional amount for ``Environmental Programs and +Management'' for necessary expenses for carrying out the Environmental +Protection Agency's efforts through the Commission for Environmental +Cooperation during fiscal years 2020 through 2023, to reduce pollution, +strengthen environmental governance, conserve biological diversity, and +sustainably manage natural resources, $4,000,000, to remain available +until expended: Provided, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + State and Tribal Assistance Grants + + For an additional amount for ``State and Tribal Assistance Grants'' +for architectural, engineering, planning, design, construction and +related activities in connection with the construction of high priority +wastewater facilities in the area of the United States-Mexico Border, +after consultation with the appropriate border commission, +$300,000,000, to remain available until expended: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF LABOR + + Departmental Management + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', +$210,000,000, for the Bureau of International Labor Affairs to +administer or operate international labor activities, bilateral and +multilateral technical assistance, and microfinance programs, by or +through contracts, grants, subgrants and other arrangements; of which +$180,000,000, to remain available until December 31, 2023, shall be +used to support reforms of the labor justice system in Mexico, +including grants to support worker-focused capacity building, efforts +to reduce workplace discrimination in Mexico, efforts to reduce child +labor and forced labor in Mexico, efforts to reduce human trafficking, +efforts to reduce child exploitation, and other efforts related to +implementation of the USMCA; and of which $30,000,000, to remain +available until September 30, 2027, shall be available to provide for +additional capacity of the Bureau of International Labor Affairs during +fiscal years 2020 through 2027 to monitor compliance with labor +obligations (as such term is defined in section 701 of this Act), +including the necessary expenses of additional full-time employees of +the Bureau to participate in the Interagency Labor Committee for +Monitoring and Enforcement established pursuant to section 711 of this +Act: Provided, That the Secretary of Labor may detail or assign up to +5 additional full-time employees of the Bureau to the United States +Embassy or consulates in Mexico to (1) assist in monitoring and +enforcement actions with respect to the labor obligations of Mexico, +and (2) prepare a report, to be submitted on a quarterly basis to the +Interagency Labor Committee for Monitoring and Enforcement through +September 30, 2027, on the efforts of Mexico to comply with labor +obligations (as such term is defined in section 701 of this Act): +Provided further, That such employees, while detailed or assigned, +shall continue to receive compensation, allowances, and benefits from +funds made available to the Bureau for purposes related to the +activities of the detail or assignment, in accordance with authorities +related to their employment status and agency policies: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + MULTILATERAL ASSISTANCE + + International Financial Institutions + + contribution to the north american development bank + + For payment to the North American Development Bank by the Secretary +of the Treasury for the United States share of the paid-in portion of +the increase in capital stock, $215,000,000, to remain available until +expended: Provided, That the authorities and conditions applicable to +accounts in title V of the Department of State, Foreign Operations, and +Related Programs Appropriations Act, 2019 (division F of Public Law +116-6) shall apply to the amounts provided under this heading: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 901. Each amount appropriated or made available by this title +is in addition to any amounts otherwise appropriated for any of the +fiscal years involved. + Sec. 902. No part of any appropriation contained in this title +shall remain available for obligation beyond the current fiscal year +unless expressly so provided herein. + Sec. 903. Unless otherwise provided for by this title, the +additional amounts appropriated by this title to appropriations +accounts shall be available under the authorities and conditions +applicable to such appropriations accounts for fiscal year 2020. + Sec. 904. Each amount designated in this title by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985 shall +be available (or rescinded or transferred, if applicable) only if the +President subsequently so designates all such amounts and transmits +such designations to the Congress. + + budgetary effects + + Sec. 905. (a) Statutory PAYGO Scorecards.--The budgetary effects +of this title shall not be entered on either PAYGO scorecard maintained +pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of this title +shall not be entered on any PAYGO scorecard maintained for purposes of +section 4106 of H. Con. Res. 71 (115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and +Emergency Deficit Control Act of 1985, the budgetary effects of this +title shall be estimated for purposes of section 251 of such Act. + This title may be cited as the ``USMCA Supplemental Appropriations +Act, 2019''. + \ No newline at end of file From b4e968322c4ddd47a2c666735c478f198cbba09f Mon Sep 17 00:00:00 2001 From: "Rep. Hoyer, Steny H. [D-MD-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 514/984] House-5430: Engrossed in House --- bills_text/House-5430.txt | 64 ++++++++++++++++++--------------------- 1 file changed, 30 insertions(+), 34 deletions(-) diff --git a/bills_text/House-5430.txt b/bills_text/House-5430.txt index 6e5df51..5624df8 100644 --- a/bills_text/House-5430.txt +++ b/bills_text/House-5430.txt @@ -2,31 +2,9 @@ 1st Session H. R. 5430 - To implement the Agreement between the United States of America, the -United Mexican States, and Canada attached as an Annex to the Protocol - Replacing the North American Free Trade Agreement. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - December 13, 2019 - - Mr. Hoyer (for himself and Mr. McCarthy) (both by request) introduced - the following bill; which was referred to the Committee on Ways and - Means, and in addition to the Committees on Education and Labor, - Natural Resources, Foreign Affairs, the Judiciary, the Budget, - Transportation and Infrastructure, Financial Services, Agriculture, - Energy and Commerce, and Oversight and Reform, for a period to be -subsequently determined by the Speaker, in each case for consideration - of such provisions as fall within the jurisdiction of the committee - concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -81,7 +59,7 @@ Sec. 210. Regulations. Subtitle B--Temporary Entry of Business Persons [reserved] - Subtitle C--United States-Mexico Cross-border Long-haul Trucking + Subtitle C--United States-Mexico Cross-Border Long-Haul Trucking Services Sec. 321. Definitions. @@ -1967,7 +1945,7 @@ Department is responsible. that is 10 years after the date on which the USMCA enters into force. (2) Report by international trade commission.--Not later - than one year after the submission of the first report required + than 1 year after the submission of the first report required by paragraph (1)(B), and every 2 years thereafter until the date that is 12 years after the date on which the USMCA enters into force, the International Trade Commission shall submit to @@ -2303,7 +2281,7 @@ SEC. 206. RECORDKEEPING REQUIREMENTS. of entry, filing of a reconciliation, or exportation, as appropriate; and ``(ii) records for any drawback claim shall - be kept until the 3rd anniversary of the date + be kept until the third anniversary of the date of liquidation of the claim. ``(C) Imports into the united states.-- ``(i) In general.--An importer covered by @@ -2637,7 +2615,7 @@ content determination under section 202A. Subtitle B--Temporary Entry of Business Persons [reserved] - Subtitle C--United States-Mexico Cross-border Long-haul Trucking + Subtitle C--United States-Mexico Cross-Border Long-Haul Trucking Services SEC. 321. DEFINITIONS. @@ -5044,9 +5022,9 @@ of this subtitle, including-- environmental obligations. (b) Timing of Report.--The report required by subsection (a) shall be submitted-- - (1) not later than one year after the date on which the - USMCA enters into force; - (2) annually for each of the next four years; and + (1) not later than 1 year after the date on which the USMCA + enters into force; + (2) annually for each of the next 4 years; and (3) biennially thereafter. (c) Additional Matters To Be Included in the Fifth Annual Report.-- The report required by subsection (a) that is submitted in the fifth @@ -5266,9 +5244,9 @@ reimburse the necessary expenses of personnel participating in the Interagency Environment Committee for Monitoring and Enforcement established pursuant to section 811 of this Act during fiscal years 2020 through 2023 to monitor compliance with environmental obligations -(as such term is defined in section 801 of this Act), including up to 1 -additional full-time employee detailed to the United States Embassy in -Mexico from each of the United States Fish and Wildlife Service, the +(as such term is defined in section 801 of this Act), including up to +one additional full-time employee detailed to the United States Embassy +in Mexico from each of the United States Fish and Wildlife Service, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration: Provided further, That, if the United States Trade Representative determines that the additional amount @@ -5434,4 +5412,22 @@ Emergency Deficit Control Act of 1985, the budgetary effects of this title shall be estimated for purposes of section 251 of such Act. This title may be cited as the ``USMCA Supplemental Appropriations Act, 2019''. - \ No newline at end of file + + Passed the House of Representatives December 19, 2019. + + Attest: + + Clerk. +116th CONGRESS + + 1st Session + + H. R. 5430 + +_______________________________________________________________________ + + AN ACT + + To implement the Agreement between the United States of America, the +United Mexican States, and Canada attached as an Annex to the Protocol + Replacing the North American Free Trade Agreement. From 9140e0e048996253946d755b6c95c67106fc92b7 Mon Sep 17 00:00:00 2001 From: "Rep. Hoyer, Steny H. [D-MD-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 515/984] House-5430: Enrolled --- bills_text/House-5430.txt | 7864 +++++++++++++++++-------------------- 1 file changed, 3667 insertions(+), 4197 deletions(-) diff --git a/bills_text/House-5430.txt b/bills_text/House-5430.txt index 5624df8..a3b97c1 100644 --- a/bills_text/House-5430.txt +++ b/bills_text/House-5430.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - H. R. 5430 + H.R.5430 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To implement the Agreement between the United States of America, the -United Mexican States, and Canada attached as an Annex to the Protocol + To implement the Agreement between the United States of America, the + United Mexican States, and Canada attached as an Annex to the Protocol Replacing the North American Free Trade Agreement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``United States- Mexico-Canada Agreement Implementation Act''. (b) Table of Contents.--The table of contents for this Act is as @@ -25,99 +32,108 @@ follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. - TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE USMCA + + TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE USMCA Sec. 101. Approval and entry into force of the USMCA. Sec. 102. Relationship of the USMCA to United States and State law. Sec. 103. Implementing actions in anticipation of entry into force; - initial regulations; tariff proclamation - authority. + initial regulations; tariff proclamation authority. Sec. 104. Consultation and layover provisions for, and effective date - of, proclaimed actions. + of, proclaimed actions. Sec. 105. Administration of dispute settlement proceedings. Sec. 106. Trade Representative authority. Sec. 107. Effective date. + TITLE II--CUSTOMS PROVISIONS -Sec. 201. Exclusion of originating goods of USMCA countries from - special agriculture safeguard authority. +Sec. 201. Exclusion of originating goods of USMCA countries from special + agriculture safeguard authority. Sec. 202. Rules of origin. Sec. 202A. Special rules for automotive goods. Sec. 203. Merchandise processing fee. Sec. 204. Disclosure of incorrect information; false certifications of - origin; denial of preferential tariff - treatment. + origin; denial of preferential tariff treatment. Sec. 205. Reliquidation of entries. Sec. 206. Recordkeeping requirements. Sec. 207. Actions regarding verification of claims under the USMCA. Sec. 208. Drawback [reserved]. Sec. 209. Other amendments to the Tariff Act of 1930. Sec. 210. Regulations. - TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES + + TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES Subtitle A--Relief From Injury Caused by Import Competition [reserved] Subtitle B--Temporary Entry of Business Persons [reserved] - Subtitle C--United States-Mexico Cross-Border Long-Haul Trucking + Subtitle C--United States-Mexico Cross-Border Long-Haul Trucking Services Sec. 321. Definitions. Sec. 322. Investigations and determinations by Commission. Sec. 323. Commission recommendations and report. -Sec. 324. Action by President with respect to affirmative - determination. +Sec. 324. Action by President with respect to affirmative determination. Sec. 325. Confidential business information. Sec. 326. Conforming amendments. Sec. 327. Survey of operating authorities. - TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES - Subtitle A--Preventing Duty Evasion + TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES + + Subtitle A--Preventing Duty Evasion Sec. 401. Cooperation on duty evasion. - Subtitle B--Dispute Settlement [reserved] - Subtitle C--Conforming Amendments + Subtitle B--Dispute Settlement [reserved] + + Subtitle C--Conforming Amendments Sec. 421. Judicial review in antidumping duty and countervailing duty - cases. -Sec. 422. Conforming amendments to other provisions of the Tariff Act - of 1930. + cases. +Sec. 422. Conforming amendments to other provisions of the Tariff Act of + 1930. Sec. 423. Conforming amendments to title 28, United States Code. + Subtitle D--General Provisions Sec. 431. Effect of termination of USMCA country status. Sec. 432. Effective date. - TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS + + TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS Sec. 501. Drawback. Sec. 502. Relief from injury caused by import competition. Sec. 503. Temporary entry. Sec. 504. Dispute settlement in antidumping and countervailing duty - cases. + cases. Sec. 505. Government procurement. Sec. 506. Actions affecting United States cultural industries. Sec. 507. Regulatory treatment of uranium purchases. Sec. 508. Report on amendments to existing law. + TITLE VI--TRANSITION TO AND EXTENSION OF USMCA - Subtitle A--Transitional Provisions + Subtitle A--Transitional Provisions Sec. 601. Repeal of North American Free Trade Agreement Implementation - Act. + Act. Sec. 602. Continued suspension of the United States-Canada Free-Trade - Agreement. + Agreement. + Subtitle B--Joint Reviews Regarding Extension of USMCA Sec. 611. Participation in joint reviews with Canada and Mexico - regarding extension of the term of the - USMCA and other action regarding the USMCA. + regarding extension of the term of the USMCA and other action + regarding the USMCA. + Subtitle C--Termination of USMCA Sec. 621. Termination of USMCA. - TITLE VII--LABOR MONITORING AND ENFORCEMENT + + TITLE VII--LABOR MONITORING AND ENFORCEMENT Sec. 701. Definitions. + Subtitle A--Interagency Labor Committee for Monitoring and Enforcement Sec. 711. Interagency labor committee for monitoring and enforcement. @@ -129,34 +145,40 @@ Sec. 716. Petition process. Sec. 717. Hotline. Sec. 718. Reports. Sec. 719. Consultations on appointment and funding of rapid response - labor panelists. - Subtitle B--Mexico Labor Attaches + labor panelists. + + Subtitle B--Mexico Labor Attaches Sec. 721. Establishment. Sec. 722. Duties. Sec. 723. Status. - Subtitle C--Independent Mexico Labor Expert Board + + Subtitle C--Independent Mexico Labor Expert Board Sec. 731. Establishment. Sec. 732. Membership; term. Sec. 733. Funding. Sec. 734. Reports. + Subtitle D--Forced Labor Sec. 741. Forced labor enforcement task force. Sec. 742. Timeline required. Sec. 743. Reports required. Sec. 744. Duties related to Mexico. + Subtitle E--Enforcement Under Rapid Response Labor Mechanism Sec. 751. Transmission of reports. Sec. 752. Suspension of liquidation. Sec. 753. Final remedies. + TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT Sec. 801. Definitions. - Subtitle A--Interagency Environment Committee for Monitoring and - Enforcement + + Subtitle A--Interagency Environment Committee for Monitoring and + Enforcement Sec. 811. Establishment. Sec. 812. Assessment. @@ -165,97 +187,93 @@ Sec. 814. Enforcement actions. Sec. 815. Other monitoring and enforcement actions. Sec. 816. Report to Congress. Sec. 817. Regulations. - Subtitle B--Other Matters + + Subtitle B--Other Matters Sec. 821. Border water infrastructure improvement authority. Sec. 822. Detail of personnel to Office of the United States Trade - Representative. - Subtitle C--North American Development Bank + Representative. + + Subtitle C--North American Development Bank Sec. 831. General capital increase. Sec. 832. Policy goals. Sec. 833. Efficiencies and streamlining. Sec. 834. Performance measures. - TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019 -SEC. 2. PURPOSE. + TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019 +SEC. 2. PURPOSE. The purpose of this Act is to approve and implement the Agreement between the United States of America, the United Mexican States, and Canada entered into under the authority of section 103(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202(b)). - SEC. 3. DEFINITIONS. - In this Act: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means the Committee on - Finance of the Senate and the Committee on Ways and Means of - the House of Representatives. - (2) HTS.--The term ``HTS'' means the Harmonized Tariff - Schedule of the United States. - (3) Identical goods.--The term ``identical goods'' means - goods that are the same in all respects relevant to the rule of - origin that qualifies the goods as originating goods. - (4) International trade commission.--The term - ``International Trade Commission'' means the United States - International Trade Commission. - (5) Mexico.--The term ``Mexico'' means the United Mexican - States. - (6) NAFTA.--The term ``NAFTA'' means the North American - Free Trade Agreement approved by Congress under section - 101(a)(1) of the North American Free Trade Agreement - Implementation Act (19 U.S.C. 3311(a)(1)). - (7) Preferential tariff treatment.--The term ``preferential - tariff treatment'' means the customs duty rate that is - applicable to an originating good (as defined in section - 202(a)) under the USMCA. - (8) Trade representative.--The term ``Trade - Representative'' means the United States Trade Representative. - (9) USMCA.--The term ``USMCA'' means the Agreement between + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means the Committee on + Finance of the Senate and the Committee on Ways and Means of the + House of Representatives. + (2) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule + of the United States. + (3) Identical goods.--The term ``identical goods'' means goods + that are the same in all respects relevant to the rule of origin + that qualifies the goods as originating goods. + (4) International trade commission.--The term ``International + Trade Commission'' means the United States International Trade + Commission. + (5) Mexico.--The term ``Mexico'' means the United Mexican + States. + (6) NAFTA.--The term ``NAFTA'' means the North American Free + Trade Agreement approved by Congress under section 101(a)(1) of the + North American Free Trade Agreement Implementation Act (19 U.S.C. + 3311(a)(1)). + (7) Preferential tariff treatment.--The term ``preferential + tariff treatment'' means the customs duty rate that is applicable + to an originating good (as defined in section 202(a)) under the + USMCA. + (8) Trade representative.--The term ``Trade Representative'' + means the United States Trade Representative. + (9) USMCA.--The term ``USMCA'' means the Agreement between the + United States of America, the United Mexican States, and Canada, + which is-- + (A) attached as an Annex to the Protocol Replacing the + North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and - Canada, which is-- - (A) attached as an Annex to the Protocol Replacing - the North American Free Trade Agreement with the - Agreement between the United States of America, the - United Mexican States, and Canada, done at Buenos Aires - on November 30, 2018, as amended by the Protocol of - Amendment to the Agreement Between the United States of - America, the United Mexican States, and Canada, done at - Mexico City on December 10, 2019; and - (B) approved by Congress under section 101(a)(1). - (10) USMCA country.--Except as otherwise provided, the term - ``USMCA country'' means-- - (A) Canada for such time as the USMCA is in force - with respect to, and the United States applies the - USMCA to, Canada; and - (B) Mexico for such time as the USMCA is in force - with respect to, and the United States applies the - USMCA to, Mexico. + Canada, done at Buenos Aires on November 30, 2018, as amended + by the Protocol of Amendment to the Agreement Between the + United States of America, the United Mexican States, and + Canada, done at Mexico City on December 10, 2019; and + (B) approved by Congress under section 101(a)(1). + (10) USMCA country.--Except as otherwise provided, the term + ``USMCA country'' means-- + (A) Canada for such time as the USMCA is in force with + respect to, and the United States applies the USMCA to, Canada; + and + (B) Mexico for such time as the USMCA is in force with + respect to, and the United States applies the USMCA to, Mexico. TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE USMCA -SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE USMCA. - + SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE USMCA. (a) Approval of USMCA and Statement of Administrative Action.-- Pursuant to section 106 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves-- - (1) the Protocol Replacing the North American Free Trade - Agreement with the Agreement between the United States of - America, the United Mexican States, and Canada, done at Buenos - Aires on November 30, 2018, as submitted to Congress on - December 13, 2019; - (2) the Agreement between the United States of America, the - United Mexican States, and Canada, attached as an Annex to the - Protocol, as amended by the Protocol of Amendment to the - Agreement between the United States of America, the United - Mexican States, and Canada, done at Mexico City on December 10, - 2019, as submitted to Congress on December 13, 2019; and - (3) the statement of administrative action proposed to - implement that Agreement, as submitted to Congress on December - 13, 2019. + (1) the Protocol Replacing the North American Free Trade + Agreement with the Agreement between the United States of America, + the United Mexican States, and Canada, done at Buenos Aires on + November 30, 2018, as submitted to Congress on December 13, 2019; + (2) the Agreement between the United States of America, the + United Mexican States, and Canada, attached as an Annex to the + Protocol, as amended by the Protocol of Amendment to the Agreement + between the United States of America, the United Mexican States, + and Canada, done at Mexico City on December 10, 2019, as submitted + to Congress on December 13, 2019; and + (3) the statement of administrative action proposed to + implement that Agreement, as submitted to Congress on December 13, + 2019. (b) Conditions for Entry Into Force of the Agreement.--The President is authorized to provide for the USMCA to enter into force with respect to Canada and Mexico not earlier than 30 days after the @@ -263,251 +281,218 @@ date on which the President submits to Congress the written notice required by section 106(a)(1)(G) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205(a)(1)(G)), which shall include the date on which the USMCA will enter into force. - -SEC. 102. RELATIONSHIP OF THE USMCA TO UNITED STATES AND STATE LAW. - + SEC. 102. RELATIONSHIP OF THE USMCA TO UNITED STATES AND STATE LAW. (a) Relationship of USMCA to United States Law.-- - (1) United states law to prevail in conflict.--No provision - of the USMCA, nor the application of any such provision to any - person or circumstance, which is inconsistent with any law of - the United States, shall have effect. - (2) Construction.--Nothing in this Act shall be construed-- - (A) to amend or modify any law of the United - States, or - (B) to limit any authority conferred under any law - of the United States, - unless specifically provided for in this Act. + (1) United states law to prevail in conflict.--No provision of + the USMCA, nor the application of any such provision to any person + or circumstance, which is inconsistent with any law of the United + States, shall have effect. + (2) Construction.--Nothing in this Act shall be construed-- + (A) to amend or modify any law of the United States, or + (B) to limit any authority conferred under any law of the + United States, + unless specifically provided for in this Act. (b) Relationship of USMCA to State Law.-- - (1) Legal challenge.--No State law, or the application - thereof, may be declared invalid as to any person or - circumstance on the ground that the provision or application is - inconsistent with the USMCA, except in an action brought by the - United States for the purpose of declaring such law or - application invalid. - (2) Definition of state law.--For purposes of this - subsection, the term ``State law'' includes-- - (A) any law of a political subdivision of a State; - and - (B) any State law regulating or taxing the business - of insurance. + (1) Legal challenge.--No State law, or the application thereof, + may be declared invalid as to any person or circumstance on the + ground that the provision or application is inconsistent with the + USMCA, except in an action brought by the United States for the + purpose of declaring such law or application invalid. + (2) Definition of state law.--For purposes of this subsection, + the term ``State law'' includes-- + (A) any law of a political subdivision of a State; and + (B) any State law regulating or taxing the business of + insurance. (c) Effect of USMCA With Respect to Private Remedies.--No person other than the United States-- - (1) shall have any cause of action or defense under the - USMCA or by virtue of congressional approval thereof; or - (2) may challenge, in any action brought under any - provision of law, any action or inaction by any department, - agency, or other instrumentality of the United States, any - State, or any political subdivision of a State, on the ground - that such action or inaction is inconsistent with the USMCA. - -SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE; - INITIAL REGULATIONS; TARIFF PROCLAMATION AUTHORITY. - + (1) shall have any cause of action or defense under the USMCA + or by virtue of congressional approval thereof; or + (2) may challenge, in any action brought under any provision of + law, any action or inaction by any department, agency, or other + instrumentality of the United States, any State, or any political + subdivision of a State, on the ground that such action or inaction + is inconsistent with the USMCA. + SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE; + INITIAL REGULATIONS; TARIFF PROCLAMATION AUTHORITY. (a) Implementing Actions.-- - (1) Proclamation authority.--After the date of the - enactment of this Act-- - (A) the President may proclaim such actions, and - (B) other appropriate officers of the United States - Government may prescribe such regulations, - as may be necessary to ensure that any provision of this Act, - or amendment made by this Act, that takes effect on the date on - which the USMCA enters into force is appropriately implemented - on such date, but no such proclamation or regulation may have - an effective date earlier than the date on which the USMCA - enters into force. - (2) Effective date of certain proclaimed actions.--Any - action proclaimed by the President under the authority of this - Act that is not subject to the consultation and layover - provisions under section 104 may not take effect before the - 15th day after the date on which the text of the proclamation - is published in the Federal Register. - (3) Waiver of 15-day restriction.--The 15-day restriction - contained in paragraph (2) on the taking effect of proclaimed - actions is waived to the extent that the application of such - restriction would prevent the taking effect on the date on - which the USMCA enters into force of any action proclaimed - under this section. + (1) Proclamation authority.--After the date of the enactment of + this Act-- + (A) the President may proclaim such actions, and + (B) other appropriate officers of the United States + Government may prescribe such regulations, + as may be necessary to ensure that any provision of this Act, or + amendment made by this Act, that takes effect on the date on which + the USMCA enters into force is appropriately implemented on such + date, but no such proclamation or regulation may have an effective + date earlier than the date on which the USMCA enters into force. + (2) Effective date of certain proclaimed actions.--Any action + proclaimed by the President under the authority of this Act that is + not subject to the consultation and layover provisions under + section 104 may not take effect before the 15th day after the date + on which the text of the proclamation is published in the Federal + Register. + (3) Waiver of 15-day restriction.--The 15-day restriction + contained in paragraph (2) on the taking effect of proclaimed + actions is waived to the extent that the application of such + restriction would prevent the taking effect on the date on which + the USMCA enters into force of any action proclaimed under this + section. (b) Initial Regulations.-- - (1) In general.--Except as provided by paragraph (2) or - (3), initial regulations necessary or appropriate to carry out - the actions required by or authorized under this Act or - proposed in the statement of administrative action approved - under section 101(a)(2) to implement the USMCA shall, to the - maximum extent feasible, be prescribed within 1 year after the - date on which the USMCA enters into force. - (2) Uniform regulations.--Interim or initial regulations to - implement the Uniform Regulations regarding rules of origin - provided for under article 5.16 of the USMCA shall be - prescribed not later than the date on which the USMCA enters - into force. - (3) Implementing actions with effective dates after entry - into force.--In the case of any implementing action that takes - effect on a date after the date on which the USMCA enters into - force, initial regulations to carry out that action shall, to - the maximum extent feasible, be prescribed within 1 year after - such effective date. + (1) In general.--Except as provided by paragraph (2) or (3), + initial regulations necessary or appropriate to carry out the + actions required by or authorized under this Act or proposed in the + statement of administrative action approved under section 101(a)(2) + to implement the USMCA shall, to the maximum extent feasible, be + prescribed within 1 year after the date on which the USMCA enters + into force. + (2) Uniform regulations.--Interim or initial regulations to + implement the Uniform Regulations regarding rules of origin + provided for under article 5.16 of the USMCA shall be prescribed + not later than the date on which the USMCA enters into force. + (3) Implementing actions with effective dates after entry into + force.--In the case of any implementing action that takes effect on + a date after the date on which the USMCA enters into force, initial + regulations to carry out that action shall, to the maximum extent + feasible, be prescribed within 1 year after such effective date. (c) Tariff Modifications.-- - (1) Tariff modifications provided for in the usmca.--The - President may proclaim-- - (A) such modifications or continuation of any duty, - (B) such continuation of duty-free or excise - treatment, or - (C) such additional duties, - as the President determines to be necessary or appropriate to - carry out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, - and 6.3, the Schedule of the United States to Annex 2-B, - including the appendices to that Annex, Annex 2-C, and Annex 6- - A, of the USMCA. - (2) Other tariff modifications.--Subject to the - consultation and layover provisions of section 104, the - President may proclaim-- - (A) such modifications or continuation of any duty, - (B) such modifications as the United States may - agree to with a USMCA country regarding the staging of - any duty treatment set forth in the Schedule of the - United States to Annex 2-B of the USMCA, including the - appendices to that Annex, - (C) such continuation of duty-free or excise - treatment, or - (D) such additional duties, - as the President determines to be necessary or appropriate to - maintain the general level of reciprocal and mutually - advantageous concessions with respect to a USMCA country - provided for by the USMCA. - (3) Conversion to ad valorem rates.--For purposes of - paragraphs (1) and (2), with respect to any good for which the - base rate in the Schedule of the United States to Annex 2-B of - the USMCA is a specific or compound rate of duty, the President - shall substitute for the base rate an ad valorem rate that the - President determines to be equivalent to the base rate. - (4) Tariff-rate quotas.--In implementing the tariff-rate - quotas set forth in the Schedule of the United States to Annex - 2-B of the USMCA, the President shall take such actions as may - be necessary to ensure that imports of agricultural goods do - not disrupt the orderly marketing of agricultural goods in the - United States. - (5) Presidential proclamation authority relating to rules - of origin.-- - (A) In general.--The President may proclaim, as - part of the HTS-- - (i) the provisions set forth in Annex 4-B - of the USMCA; - (ii) the provisions set forth in paragraph - 2 of article 3.A.6 of Annex 3-A of the USMCA; - (iii) the provisions set forth in paragraph - 5 of Annex 3-B of the USMCA; - (iv) the provisions set forth in paragraphs - 14(b), 14(c), and 15(e) of Section B of - Appendix 2 to Annex 2-B of the USMCA; and - (v) any additional subordinate category - that is necessary to carry out section 202 and - section 202A consistent with the USMCA. - (B) Modifications.-- - (i) In general.--Subject to the - consultation and layover provisions of section - 104, the President may proclaim modifications - to the provisions proclaimed under the - authority of subparagraph (A), other than the - provisions of chapters 50 through 63 of the - USMCA. - (ii) Special rule for textiles.-- - Notwithstanding clause (i), and subject to the - consultation and layover provisions of section - 104, the President may proclaim-- - (I) such modifications to the - provisions proclaimed under the - authority of subparagraph (A) as are - necessary to implement an agreement - with one or more USMCA countries - pursuant to article 6.4 of the USMCA; - and - (II) before the end of the 1-year - period beginning on the date on which - the USMCA enters into force, - modifications to correct any - typographical, clerical, or other - nonsubstantive technical error - regarding the provisions of chapters 50 - through 63 of the USMCA. - -SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE - OF, PROCLAIMED ACTIONS. - + (1) Tariff modifications provided for in the usmca.--The + President may proclaim-- + (A) such modifications or continuation of any duty, + (B) such continuation of duty-free or excise treatment, or + (C) such additional duties, + as the President determines to be necessary or appropriate to carry + out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, and 6.3, + the Schedule of the United States to Annex 2-B, including the + appendices to that Annex, Annex 2-C, and Annex 6-A, of the USMCA. + (2) Other tariff modifications.--Subject to the consultation + and layover provisions of section 104, the President may proclaim-- + (A) such modifications or continuation of any duty, + (B) such modifications as the United States may agree to + with a USMCA country regarding the staging of any duty + treatment set forth in the Schedule of the United States to + Annex 2-B of the USMCA, including the appendices to that Annex, + (C) such continuation of duty-free or excise treatment, or + (D) such additional duties, + as the President determines to be necessary or appropriate to + maintain the general level of reciprocal and mutually advantageous + concessions with respect to a USMCA country provided for by the + USMCA. + (3) Conversion to ad valorem rates.--For purposes of paragraphs + (1) and (2), with respect to any good for which the base rate in + the Schedule of the United States to Annex 2-B of the USMCA is a + specific or compound rate of duty, the President shall substitute + for the base rate an ad valorem rate that the President determines + to be equivalent to the base rate. + (4) Tariff-rate quotas.--In implementing the tariff-rate quotas + set forth in the Schedule of the United States to Annex 2-B of the + USMCA, the President shall take such actions as may be necessary to + ensure that imports of agricultural goods do not disrupt the + orderly marketing of agricultural goods in the United States. + (5) Presidential proclamation authority relating to rules of + origin.-- + (A) In general.--The President may proclaim, as part of the + HTS-- + (i) the provisions set forth in Annex 4-B of the USMCA; + (ii) the provisions set forth in paragraph 2 of article + 3.A.6 of Annex 3-A of the USMCA; + (iii) the provisions set forth in paragraph 5 of Annex + 3-B of the USMCA; + (iv) the provisions set forth in paragraphs 14(b), + 14(c), and 15(e) of Section B of Appendix 2 to Annex 2-B of + the USMCA; and + (v) any additional subordinate category that is + necessary to carry out section 202 and section 202A + consistent with the USMCA. + (B) Modifications.-- + (i) In general.--Subject to the consultation and + layover provisions of section 104, the President may + proclaim modifications to the provisions proclaimed under + the authority of subparagraph (A), other than the + provisions of chapters 50 through 63 of the USMCA. + (ii) Special rule for textiles.--Notwithstanding clause + (i), and subject to the consultation and layover provisions + of section 104, the President may proclaim-- + + (I) such modifications to the provisions proclaimed + under the authority of subparagraph (A) as are + necessary to implement an agreement with one or more + USMCA countries pursuant to article 6.4 of the USMCA; + and + (II) before the end of the 1-year period beginning + on the date on which the USMCA enters into force, + modifications to correct any typographical, clerical, + or other nonsubstantive technical error regarding the + provisions of chapters 50 through 63 of the USMCA. + + SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE + DATE OF, PROCLAIMED ACTIONS. If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, that action may be proclaimed only if-- - (1) the President has obtained advice regarding the - proposed action from-- - (A) the appropriate advisory committees established - under section 135 of the Trade Act of 1974 (19 U.S.C. - 2155); and - (B) the International Trade Commission, which shall - hold a public hearing on the proposed action before - providing advice regarding the proposed action; - (2) the President has submitted to the Committee on Finance - of the Senate and the Committee on Ways and Means of the House - of Representatives a report that sets forth-- - (A) the proposed action and the reasons therefor; - and - (B) the advice obtained under paragraph (1); - (3) a period of 60 calendar days, beginning on the first - day on which the requirements set forth in paragraphs (1) and - (2) have been met, has expired; and - (4) the President has consulted with the committees - referred to in paragraph (2) regarding the proposed action - during the period referred to in paragraph (3). - -SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS. - + (1) the President has obtained advice regarding the proposed + action from-- + (A) the appropriate advisory committees established under + section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and + (B) the International Trade Commission, which shall hold a + public hearing on the proposed action before providing advice + regarding the proposed action; + (2) the President has submitted to the Committee on Finance of + the Senate and the Committee on Ways and Means of the House of + Representatives a report that sets forth-- + (A) the proposed action and the reasons therefor; and + (B) the advice obtained under paragraph (1); + (3) a period of 60 calendar days, beginning on the first day on + which the requirements set forth in paragraphs (1) and (2) have + been met, has expired; and + (4) the President has consulted with the committees referred to + in paragraph (2) regarding the proposed action during the period + referred to in paragraph (3). + SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS. (a) United States Section of Secretariat.-- - (1) Establishment or designation of office.--The President - is authorized to establish or designate within the Department - of Commerce an office to serve as the United States Section of - the Secretariat established under article 30.6 of the USMCA. - (2) Functions and administrative assistance.--The office - established or designated under paragraph (1), subject to the - oversight of the interagency group established under section - 411(c)(2), shall-- - (A) carry out its functions within the Secretariat - to facilitate the operation of the USMCA, including the - operation of section D of chapter 10 and chapter 31 of - the USMCA; and - (B) provide administrative assistance to-- - (i) panels established under chapter 31 of - the USMCA, including under Annex 31-A (relating - to the Facility-Specific Rapid Response Labor - Mechanism); - (ii) technical advisers and experts - provided for under chapter 31 of the USMCA; - (iii) binational panels and extraordinary - challenge committees established under section - D of chapter 10 of the USMCA; and - (iv) binational panels and extraordinary - challenge committees established under NAFTA - for matters covered by article 34.1 of the - USMCA (relating to transition from NAFTA). - (3) Treatment of office under freedom of information act.-- - The office established or designated under paragraph (1) shall - not be considered an agency for purposes of section 552 of - title 5, United States Code. + (1) Establishment or designation of office.--The President is + authorized to establish or designate within the Department of + Commerce an office to serve as the United States Section of the + Secretariat established under article 30.6 of the USMCA. + (2) Functions and administrative assistance.--The office + established or designated under paragraph (1), subject to the + oversight of the interagency group established under section + 411(c)(2), shall-- + (A) carry out its functions within the Secretariat to + facilitate the operation of the USMCA, including the operation + of section D of chapter 10 and chapter 31 of the USMCA; and + (B) provide administrative assistance to-- + (i) panels established under chapter 31 of the USMCA, + including under Annex 31-A (relating to the Facility- + Specific Rapid Response Labor Mechanism); + (ii) technical advisers and experts provided for under + chapter 31 of the USMCA; + (iii) binational panels and extraordinary challenge + committees established under section D of chapter 10 of the + USMCA; and + (iv) binational panels and extraordinary challenge + committees established under NAFTA for matters covered by + article 34.1 of the USMCA (relating to transition from + NAFTA). + (3) Treatment of office under freedom of information act.--The + office established or designated under paragraph (1) shall not be + considered an agency for purposes of section 552 of title 5, United + States Code. (b) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year after fiscal year 2020 to the Department of Commerce $2,000,000 for-- - (1) the operations of the office established or designated - under subsection (a)(1); and - (2) the payment of the United States share of the expenses - of-- - (A) panels established under chapter 31 of the - USMCA, including under Annex 31-A (relating to the - Facility-Specific Rapid Response Labor Mechanism); - (B) binational panels and extraordinary challenge - committees established under section D of chapter 10 of - the USMCA; and - (C) binational panels and extraordinary challenge - committees established under NAFTA for matters covered - by article 34.1 of the USMCA (relating to transition - from NAFTA). + (1) the operations of the office established or designated + under subsection (a)(1); and + (2) the payment of the United States share of the expenses of-- + (A) panels established under chapter 31 of the USMCA, + including under Annex 31-A (relating to the Facility-Specific + Rapid Response Labor Mechanism); + (B) binational panels and extraordinary challenge + committees established under section D of chapter 10 of the + USMCA; and + (C) binational panels and extraordinary challenge + committees established under NAFTA for matters covered by + article 34.1 of the USMCA (relating to transition from NAFTA). (c) Reimbursement of Certain Expenses.--If the Canadian Section or the Mexican Section of the Secretariat provides funds to the United States Section during any fiscal year as reimbursement for expenses in @@ -516,18 +501,14 @@ chapter 10 or chapter 31 of the USMCA, or under chapter 19 of NAFTA, the United States Section may, notwithstanding section 3302 of title 31, United States Code, retain and use such funds to carry out the functions described in subsection (a)(2). - -SEC. 106. TRADE REPRESENTATIVE AUTHORITY. - + SEC. 106. TRADE REPRESENTATIVE AUTHORITY. If a country (other than the United States) that has signed the USMCA does not enact implementing legislation, the Trade Representative is authorized to enter into negotiations with the other country that has signed the USMCA to consider how the applicable provisions of the USMCA can come into force with respect to the United States and that other country as promptly as possible. - -SEC. 107. EFFECTIVE DATE. - + SEC. 107. EFFECTIVE DATE. (a) In General.--Sections 1 through 3 and this title (other than section 103(c)) shall take effect on the date of the enactment of this Act. @@ -536,765 +517,693 @@ the date on which the USMCA enters into force. TITLE II--CUSTOMS PROVISIONS -SEC. 201. EXCLUSION OF ORIGINATING GOODS OF USMCA COUNTRIES FROM - SPECIAL AGRICULTURE SAFEGUARD AUTHORITY. - + SEC. 201. EXCLUSION OF ORIGINATING GOODS OF USMCA COUNTRIES FROM + SPECIAL AGRICULTURE SAFEGUARD AUTHORITY. (a) In General.--Section 405(e) of the Uruguay Round Agreements Act (19 U.S.C. 3602(e)) is amended to read as follows: ``(e) Exclusion of Originating Goods of USMCA Countries.-- - ``(1) In general.--The President shall exempt from any duty - imposed under this section any good that qualifies as an - originating good under section 202 of the United States-Mexico- - Canada Agreement Implementation Act of a USMCA country with - respect to which preferential tariff treatment is provided - under the USMCA. - ``(2) Definitions.--In this subsection, the terms - `preferential tariff treatment', `USMCA', and `USMCA country' - have the meanings given those terms in section 3 of the United - States-Mexico-Canada Agreement Implementation Act.''. + ``(1) In general.--The President shall exempt from any duty + imposed under this section any good that qualifies as an + originating good under section 202 of the United States-Mexico- + Canada Agreement Implementation Act of a USMCA country with respect + to which preferential tariff treatment is provided under the USMCA. + ``(2) Definitions.--In this subsection, the terms `preferential + tariff treatment', `USMCA', and `USMCA country' have the meanings + given those terms in section 3 of the United States-Mexico-Canada + Agreement Implementation Act.''. (b) Effective Date.-- - (1) In general.--The amendment made by subsection (a) - shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to a good entered for - consumption, or withdrawn from warehouse for - consumption, on or after that date. - (2) Transition from nafta treatment.--In the case of a good - entered for consumption, or withdrawn from warehouse for - consumption, before the date on which the USMCA enters into - force-- - (A) the amendment made by subsection (a) to section - 405(e) of the Uruguay Round Agreements Act (19 U.S.C. - 3602(e)) shall not apply with respect to the good; and - (B) section 405(e) of such Act, as in effect on the - day before that date, shall continue to apply on and - after that date with respect to the good. - -SEC. 202. RULES OF ORIGIN. - + (1) In general.--The amendment made by subsection (a) shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to a good entered for consumption, + or withdrawn from warehouse for consumption, on or after that + date. + (2) Transition from nafta treatment.--In the case of a good + entered for consumption, or withdrawn from warehouse for + consumption, before the date on which the USMCA enters into force-- + (A) the amendment made by subsection (a) to section 405(e) + of the Uruguay Round Agreements Act (19 U.S.C. 3602(e)) shall + not apply with respect to the good; and + (B) section 405(e) of such Act, as in effect on the day + before that date, shall continue to apply on and after that + date with respect to the good. + SEC. 202. RULES OF ORIGIN. (a) Definitions.--In this section: - (1) Aquaculture.--The term ``aquaculture'' means the - farming of aquatic organisms, including fish, molluscs, - crustaceans, other aquatic invertebrates, and aquatic plants - from seed stock such as eggs, fry, fingerlings, or larvae, by - intervention in the rearing or growth processes to enhance - production such as regular stocking, feeding, or protection - from predators. - (2) Customs valuation agreement.--The term ``Customs - Valuation Agreement'' means the Agreement on Implementation of - Article VII of the General Agreement on Tariffs and Trade 1994 - referred to in section 101(d)(8) of the Uruguay Round - Agreements Act (19 U.S.C. 3511(d)(8)). - (3) Fungible good or fungible material.--The term - ``fungible good'' or ``fungible material'' means a good or - material, as the case may be, that is interchangeable with - another good or material for commercial purposes and the - properties of which are essentially identical to such other - good or material. - (4) Good wholly obtained or produced entirely in the - territory of one or more usmca countries.--The term ``good - wholly obtained or produced entirely in the territory of one or - more USMCA countries'' means any of the following: - (A) A mineral good or other naturally occurring - substance extracted or taken from the territory of one - or more USMCA countries. - (B) A plant, plant good, vegetable, or fungus - grown, cultivated, harvested, picked, or gathered in - the territory of one or more USMCA countries. - (C) A live animal born and raised in the territory - of one or more USMCA countries. - (D) A good obtained in the territory of one or more - USMCA countries from a live animal. - (E) An animal obtained by hunting, trapping, - fishing, gathering, or capturing in the territory of - one or more USMCA countries. - (F) A good obtained in the territory of one or more - USMCA countries from aquaculture. - (G) A fish, shellfish, or other marine life taken - from the sea, seabed, or subsoil outside the territory - of one or more USMCA countries and outside the - territorial sea of any country that is not a USMCA - country by-- - (i) a vessel that is registered or recorded - with a USMCA country and flying the flag of - that country; or - (ii) a vessel that is documented under the - laws of the United States. - (H) A good produced on board a factory ship from - goods referred to in subparagraph (G), if such factory - ship-- - (i) is registered or recorded with a USMCA - country and flies the flag of that country; or - (ii) is a vessel that is documented under - the laws of the United States. - (I) A good, other than a good referred to in - subparagraph (G), that is taken by a USMCA country, or - a person of a USMCA country, from the seabed or subsoil - outside the territory of a USMCA country, if that USMCA - country has the right to exploit such seabed or - subsoil. - (J) Waste and scrap derived from-- - (i) production in the territory of one or - more USMCA countries; or - (ii) used goods collected in the territory - of one or more USMCA countries, if such goods - are fit only for the recovery of raw materials. - (K) A good produced in the territory of one or more - USMCA countries exclusively from goods referred to in - any of subparagraphs (A) through (J), or from their - derivatives, at any stage of production. - (5) Indirect material.--The term ``indirect material'' - means a material used or consumed in the production, testing, - or inspection of a good but not physically incorporated into - the good, or a material used or consumed in the maintenance of - buildings or the operation of equipment associated with the - production of a good, including-- - (A) fuel and energy; - (B) tools, dies, and molds; - (C) spare parts and materials used or consumed in - the maintenance of equipment or buildings; - (D) lubricants, greases, compounding materials, and - other materials used or consumed in production or to - operate equipment or buildings; - (E) gloves, glasses, footwear, clothing, safety - equipment, and supplies; - (F) equipment, devices, and supplies used for - testing or inspecting the good; - (G) catalysts and solvents; and - (H) any other material that is not incorporated - into the good, if the use of the material in the - production of the good can reasonably be demonstrated - to be a part of that production. - (6) Intermediate material.--The term ``intermediate - material'' means a material that is self-produced, used or - consumed in the production of a good, and designated as an - intermediate material pursuant to subsection (d)(9). - (7) Material.--The term ``material'' means a good that is - used or consumed in the production of another good and includes - a part or an ingredient. - (8) Net cost.--The term ``net cost'' means total cost minus - sales promotion, marketing, and after-sales service costs, - royalties, shipping and packing costs, and nonallowable - interest costs that are included in the total cost. - (9) Net cost of a good.--The term ``net cost of a good'' - means the net cost that can be reasonably allocated to a good - using one of the methods set forth in subsection (d)(7). - (10) Nonallowable interest costs.--The term ``nonallowable - interest costs'' means interest costs incurred by a producer - that exceed 700 basis points above the applicable official - interest rate for comparable maturities of the country in which - the producer is located. - (11) Nonoriginating good or nonoriginating material.--The - term ``nonoriginating good'' or ``nonoriginating material'' - means a good or material, as the case may be, that does not - qualify as originating under this section. - (12) Originating good; originating material.--The term - ``originating good'' or ``originating material'' means a good - or material, as the case may be, that qualifies as originating - under this section. - (13) Packaging materials and containers.--The term - ``packaging materials and containers'' means materials and - containers in which a good is packaged for retail sale. - (14) Packing materials and containers.--The term ``packing - materials and containers'' means materials and containers that - are used to protect a good during transportation. - (15) Producer.--The term ``producer'' means a person who - engages in the production of a good. - (16) Production.--The term ``production'' means-- - (A) growing, cultivating, raising, mining, - harvesting, fishing, trapping, hunting, capturing, - breeding, extracting, manufacturing, processing, or - assembling a good; or - (B) the farming of aquatic organisms through - aquaculture. - (17) Reasonably allocate.--The term ``reasonably allocate'' - means to apportion in a manner appropriate to the - circumstances. - (18) Recovered material.--The term ``recovered material'' - means a material in the form of individual parts that are the - result of-- - (A) the disassembly of a used good into individual - parts; and - (B) the cleaning, inspecting, testing, or other - processing that is necessary for improvement to sound - working condition of such individual parts. - (19) Remanufactured good.--The term ``remanufactured good'' - means a good classified in the HTS under any of chapters 84 - through 90 or under heading 9402, other than a good classified - under heading 8418, 8509, 8510, 8516, or 8703 or subheading - 8414.51, 8450.11, 8450.12, 8508.11, or 8517.11, that-- - (A) is entirely or partially composed of recovered - materials; - (B) has a life expectancy similar to, and performs - in a manner that is the same as or similar to, such a - good when new; and - (C) has a factory warranty similar to that - applicable to such a good when new. - (20) Royalties.--The term ``royalties'' means payments of - any kind, including payments under technical assistance or - similar agreements, made as consideration for the use of, or - right to use, a copyright, literary, artistic, or scientific - work, patent, trademark, design, model, plan, or secret formula - or secret process, excluding payments under technical - assistance or similar agreements that can be related to a - specific service such as-- - (A) personnel training, without regard to where the - training is performed; or - (B) if performed in the territory of one or more - USMCA countries, engineering, tooling, die-setting, - software design and similar computer services, or other - services. - (21) Sales promotion, marketing, and after-sales service - costs.--The term ``sales promotion, marketing, and after-sales - service costs'' means the costs related to sales promotion, - marketing, and after-sales service for the following: - (A) Sales and marketing promotion, media - advertising, advertising and market research, - promotional and demonstration materials, exhibits, - sales conferences, trade shows, conventions, banners, - marketing displays, free samples, sales, marketing, and - after-sales service literature (product brochures, - catalogs, technical literature, price lists, service - manuals, and sales aid information), establishment and - protection of logos and trademarks, sponsorships, - wholesale and retail charges, and entertainment. - (B) Sales and marketing incentives, consumer, - retailer, or wholesaler rebates, and merchandise - incentives. - (C) Salaries and wages, sales commissions, bonuses, - benefits (such as medical, insurance, and pension - benefits), traveling and living expenses, and - membership and professional fees for sales promotion, - marketing, and after-sales service personnel. - (D) Product liability insurance. - (E) Rent and depreciation of sales promotion, - marketing, and after-sales service offices and - distribution centers. - (F) Payments by the producer to other persons for - warranty repairs. - (G) If the costs are identified separately for - sales promotion, marketing, or after-sales service of - goods on the financial statements or cost accounts of - the producer, the following: - (i) Property insurance premiums, taxes, - utilities, and repair and maintenance of sales - promotion, marketing, and after-sales service - offices and distribution centers. - (ii) Recruiting and training of sales - promotion, marketing, and after-sales service - personnel, and after-sales training of - customers' employees. - (iii) Office supplies for sales promotion, - marketing, and after-sales service of goods. - (iv) Telephone, mail, and other - communications. - (22) Self-produced material.--The term ``self-produced - material'' means a material that is produced by the producer of - a good and used in the production of that good. - (23) Shipping and packing costs.--The term ``shipping and - packing costs'' means the costs incurred in packing a good for - shipment and shipping the good from the point of direct - shipment to the buyer, excluding the costs of preparing and - packaging the good for retail sale. - (24) Territory.--The term ``territory'', with respect to a - USMCA country, has the meaning given that term in section C of - chapter 1 of the USMCA. - (25) Total cost.-- - (A) In general.--The term ``total cost''-- - (i) means all product costs, period costs, - and other costs for a good incurred in the - territory of one or more USMCA countries; and - (ii) does not include-- - (I) profits that are earned by the - producer of the good, regardless of - whether the costs are retained by the - producer or paid out to other persons - as dividends; or - (II) taxes paid on those profits, - including capital gains taxes. - (B) Other definitions.--In this paragraph: - (i) Other costs.--The term ``other costs'' - means all costs recorded on the books of the - producer that are not product costs or period - costs, such as interest. - (ii) Period costs.--The term ``period - costs'' means costs, other than product costs, - that are expensed in the period in which they - are incurred, such as selling expenses and - general and administrative expenses. - (iii) Product costs.--The term ``product - costs'' means costs that are associated with - the production of a good, including the value - of materials, direct labor costs, and direct - overhead. - (26) Transaction value.--The term ``transaction value'' - means the price-- - (A) actually paid or payable for a good or material - with respect to a transaction of a producer; and - (B) adjusted in accordance with the principles set - forth in paragraphs 1, 3, and 4 of article 8 of the - Customs Valuation Agreement. - (27) USMCA country.--The term ``USMCA country'' means the - United States, Canada, or Mexico for such time as the USMCA is - in force with respect to Canada or Mexico, and the United - States applies the USMCA to Canada or Mexico. - (28) Value.--The term ``value'' means the value of a good - or material for purposes of calculating customs duties or - applying this section. + (1) Aquaculture.--The term ``aquaculture'' means the farming of + aquatic organisms, including fish, molluscs, crustaceans, other + aquatic invertebrates, and aquatic plants from seed stock such as + eggs, fry, fingerlings, or larvae, by intervention in the rearing + or growth processes to enhance production such as regular stocking, + feeding, or protection from predators. + (2) Customs valuation agreement.--The term ``Customs Valuation + Agreement'' means the Agreement on Implementation of Article VII of + the General Agreement on Tariffs and Trade 1994 referred to in + section 101(d)(8) of the Uruguay Round Agreements Act (19 U.S.C. + 3511(d)(8)). + (3) Fungible good or fungible material.--The term ``fungible + good'' or ``fungible material'' means a good or material, as the + case may be, that is interchangeable with another good or material + for commercial purposes and the properties of which are essentially + identical to such other good or material. + (4) Good wholly obtained or produced entirely in the territory + of one or more usmca countries.--The term ``good wholly obtained or + produced entirely in the territory of one or more USMCA countries'' + means any of the following: + (A) A mineral good or other naturally occurring substance + extracted or taken from the territory of one or more USMCA + countries. + (B) A plant, plant good, vegetable, or fungus grown, + cultivated, harvested, picked, or gathered in the territory of + one or more USMCA countries. + (C) A live animal born and raised in the territory of one + or more USMCA countries. + (D) A good obtained in the territory of one or more USMCA + countries from a live animal. + (E) An animal obtained by hunting, trapping, fishing, + gathering, or capturing in the territory of one or more USMCA + countries. + (F) A good obtained in the territory of one or more USMCA + countries from aquaculture. + (G) A fish, shellfish, or other marine life taken from the + sea, seabed, or subsoil outside the territory of one or more + USMCA countries and outside the territorial sea of any country + that is not a USMCA country by-- + (i) a vessel that is registered or recorded with a + USMCA country and flying the flag of that country; or + (ii) a vessel that is documented under the laws of the + United States. + (H) A good produced on board a factory ship from goods + referred to in subparagraph (G), if such factory ship-- + (i) is registered or recorded with a USMCA country and + flies the flag of that country; or + (ii) is a vessel that is documented under the laws of + the United States. + (I) A good, other than a good referred to in subparagraph + (G), that is taken by a USMCA country, or a person of a USMCA + country, from the seabed or subsoil outside the territory of a + USMCA country, if that USMCA country has the right to exploit + such seabed or subsoil. + (J) Waste and scrap derived from-- + (i) production in the territory of one or more USMCA + countries; or + (ii) used goods collected in the territory of one or + more USMCA countries, if such goods are fit only for the + recovery of raw materials. + (K) A good produced in the territory of one or more USMCA + countries exclusively from goods referred to in any of + subparagraphs (A) through (J), or from their derivatives, at + any stage of production. + (5) Indirect material.--The term ``indirect material'' means a + material used or consumed in the production, testing, or inspection + of a good but not physically incorporated into the good, or a + material used or consumed in the maintenance of buildings or the + operation of equipment associated with the production of a good, + including-- + (A) fuel and energy; + (B) tools, dies, and molds; + (C) spare parts and materials used or consumed in the + maintenance of equipment or buildings; + (D) lubricants, greases, compounding materials, and other + materials used or consumed in production or to operate + equipment or buildings; + (E) gloves, glasses, footwear, clothing, safety equipment, + and supplies; + (F) equipment, devices, and supplies used for testing or + inspecting the good; + (G) catalysts and solvents; and + (H) any other material that is not incorporated into the + good, if the use of the material in the production of the good + can reasonably be demonstrated to be a part of that production. + (6) Intermediate material.--The term ``intermediate material'' + means a material that is self-produced, used or consumed in the + production of a good, and designated as an intermediate material + pursuant to subsection (d)(9). + (7) Material.--The term ``material'' means a good that is used + or consumed in the production of another good and includes a part + or an ingredient. + (8) Net cost.--The term ``net cost'' means total cost minus + sales promotion, marketing, and after-sales service costs, + royalties, shipping and packing costs, and nonallowable interest + costs that are included in the total cost. + (9) Net cost of a good.--The term ``net cost of a good'' means + the net cost that can be reasonably allocated to a good using one + of the methods set forth in subsection (d)(7). + (10) Nonallowable interest costs.--The term ``nonallowable + interest costs'' means interest costs incurred by a producer that + exceed 700 basis points above the applicable official interest rate + for comparable maturities of the country in which the producer is + located. + (11) Nonoriginating good or nonoriginating material.--The term + ``nonoriginating good'' or ``nonoriginating material'' means a good + or material, as the case may be, that does not qualify as + originating under this section. + (12) Originating good; originating material.--The term + ``originating good'' or ``originating material'' means a good or + material, as the case may be, that qualifies as originating under + this section. + (13) Packaging materials and containers.--The term ``packaging + materials and containers'' means materials and containers in which + a good is packaged for retail sale. + (14) Packing materials and containers.--The term ``packing + materials and containers'' means materials and containers that are + used to protect a good during transportation. + (15) Producer.--The term ``producer'' means a person who + engages in the production of a good. + (16) Production.--The term ``production'' means-- + (A) growing, cultivating, raising, mining, harvesting, + fishing, trapping, hunting, capturing, breeding, extracting, + manufacturing, processing, or assembling a good; or + (B) the farming of aquatic organisms through aquaculture. + (17) Reasonably allocate.--The term ``reasonably allocate'' + means to apportion in a manner appropriate to the circumstances. + (18) Recovered material.--The term ``recovered material'' means + a material in the form of individual parts that are the result of-- + (A) the disassembly of a used good into individual parts; + and + (B) the cleaning, inspecting, testing, or other processing + that is necessary for improvement to sound working condition of + such individual parts. + (19) Remanufactured good.--The term ``remanufactured good'' + means a good classified in the HTS under any of chapters 84 through + 90 or under heading 9402, other than a good classified under + heading 8418, 8509, 8510, 8516, or 8703 or subheading 8414.51, + 8450.11, 8450.12, 8508.11, or 8517.11, that-- + (A) is entirely or partially composed of recovered + materials; + (B) has a life expectancy similar to, and performs in a + manner that is the same as or similar to, such a good when new; + and + (C) has a factory warranty similar to that applicable to + such a good when new. + (20) Royalties.--The term ``royalties'' means payments of any + kind, including payments under technical assistance or similar + agreements, made as consideration for the use of, or right to use, + a copyright, literary, artistic, or scientific work, patent, + trademark, design, model, plan, or secret formula or secret + process, excluding payments under technical assistance or similar + agreements that can be related to a specific service such as-- + (A) personnel training, without regard to where the + training is performed; or + (B) if performed in the territory of one or more USMCA + countries, engineering, tooling, die-setting, software design + and similar computer services, or other services. + (21) Sales promotion, marketing, and after-sales service + costs.--The term ``sales promotion, marketing, and after-sales + service costs'' means the costs related to sales promotion, + marketing, and after-sales service for the following: + (A) Sales and marketing promotion, media advertising, + advertising and market research, promotional and demonstration + materials, exhibits, sales conferences, trade shows, + conventions, banners, marketing displays, free samples, sales, + marketing, and after-sales service literature (product + brochures, catalogs, technical literature, price lists, service + manuals, and sales aid information), establishment and + protection of logos and trademarks, sponsorships, wholesale and + retail charges, and entertainment. + (B) Sales and marketing incentives, consumer, retailer, or + wholesaler rebates, and merchandise incentives. + (C) Salaries and wages, sales commissions, bonuses, + benefits (such as medical, insurance, and pension benefits), + traveling and living expenses, and membership and professional + fees for sales promotion, marketing, and after-sales service + personnel. + (D) Product liability insurance. + (E) Rent and depreciation of sales promotion, marketing, + and after-sales service offices and distribution centers. + (F) Payments by the producer to other persons for warranty + repairs. + (G) If the costs are identified separately for sales + promotion, marketing, or after-sales service of goods on the + financial statements or cost accounts of the producer, the + following: + (i) Property insurance premiums, taxes, utilities, and + repair and maintenance of sales promotion, marketing, and + after-sales service offices and distribution centers. + (ii) Recruiting and training of sales promotion, + marketing, and after-sales service personnel, and after- + sales training of customers' employees. + (iii) Office supplies for sales promotion, marketing, + and after-sales service of goods. + (iv) Telephone, mail, and other communications. + (22) Self-produced material.--The term ``self-produced + material'' means a material that is produced by the producer of a + good and used in the production of that good. + (23) Shipping and packing costs.--The term ``shipping and + packing costs'' means the costs incurred in packing a good for + shipment and shipping the good from the point of direct shipment to + the buyer, excluding the costs of preparing and packaging the good + for retail sale. + (24) Territory.--The term ``territory'', with respect to a + USMCA country, has the meaning given that term in section C of + chapter 1 of the USMCA. + (25) Total cost.-- + (A) In general.--The term ``total cost''-- + (i) means all product costs, period costs, and other + costs for a good incurred in the territory of one or more + USMCA countries; and + (ii) does not include-- + + (I) profits that are earned by the producer of the + good, regardless of whether the costs are retained by + the producer or paid out to other persons as dividends; + or + (II) taxes paid on those profits, including capital + gains taxes. + + (B) Other definitions.--In this paragraph: + (i) Other costs.--The term ``other costs'' means all + costs recorded on the books of the producer that are not + product costs or period costs, such as interest. + (ii) Period costs.--The term ``period costs'' means + costs, other than product costs, that are expensed in the + period in which they are incurred, such as selling expenses + and general and administrative expenses. + (iii) Product costs.--The term ``product costs'' means + costs that are associated with the production of a good, + including the value of materials, direct labor costs, and + direct overhead. + (26) Transaction value.--The term ``transaction value'' means + the price-- + (A) actually paid or payable for a good or material with + respect to a transaction of a producer; and + (B) adjusted in accordance with the principles set forth in + paragraphs 1, 3, and 4 of article 8 of the Customs Valuation + Agreement. + (27) USMCA country.--The term ``USMCA country'' means the + United States, Canada, or Mexico for such time as the USMCA is in + force with respect to Canada or Mexico, and the United States + applies the USMCA to Canada or Mexico. + (28) Value.--The term ``value'' means the value of a good or + material for purposes of calculating customs duties or applying + this section. (b) Application and Interpretation.--In this section: - (1) Tariff classification.--The basis for any tariff - classification is the HTS. - (2) Reference to hts.--Whenever in this section there is a - reference to a chapter, heading, or subheading, that reference - shall be a reference to a chapter, heading, or subheading of - the HTS. - (3) Cost or value.--Any cost or value referred to in this - section with respect to a good shall be recorded and maintained - in accordance with the generally accepted accounting principles - applicable in the territory of the USMCA country in which the - good is produced. + (1) Tariff classification.--The basis for any tariff + classification is the HTS. + (2) Reference to hts.--Whenever in this section there is a + reference to a chapter, heading, or subheading, that reference + shall be a reference to a chapter, heading, or subheading of the + HTS. + (3) Cost or value.--Any cost or value referred to in this + section with respect to a good shall be recorded and maintained in + accordance with the generally accepted accounting principles + applicable in the territory of the USMCA country in which the good + is produced. (c) Originating Goods.-- - (1) In general.--For purposes of this Act and for purposes - of implementing the preferential tariff treatment provided for - under the USMCA, except as otherwise provided in this section, - a good is an originating good if-- - (A) the good is a good wholly obtained or produced - entirely in the territory of one or more USMCA - countries; - (B) the good is produced entirely in the territory - of one or more USMCA countries using nonoriginating - materials, if the good satisfies all applicable - requirements set forth in Annex 4-B of the USMCA; or - (C) the good is produced entirely in the territory - of one or more USMCA countries, exclusively from - originating materials; - (D) except for a good provided for under any of - chapters 61 through 63-- - (i) the good is produced entirely in the - territory of one or more USMCA countries; - (ii) one or more of the nonoriginating - materials provided for as parts under the HTS - and used in the production of the good do not - satisfy the requirements set forth in Annex 4-B - of the USMCA because-- - (I) both the good and its materials - are classified under the same - subheading or under the same heading - that is not further subdivided into - subheadings; or - (II) the good was imported into the - territory of a USMCA country in an - unassembled form or a disassembled form - but was classified as an assembled good - pursuant to rule 2(a) of the General - Rules of Interpretation of the HTS; and - (iii) the regional value content of the - good is not less than 60 percent if the - transaction value method is used, or not less - than 50 percent if the net cost method is used - and the good satisfies all other applicable - requirements of this section; or - (E) the good itself, as imported, is listed in - table 2.10.1 of the USMCA and is imported into the - territory of the United States from the territory of a - USMCA country. - (2) Remanufactured goods.--For purposes of determining - whether a remanufactured good is an originating good, a - recovered material derived in the territory of one or more - USMCA countries shall be treated as originating if the - recovered material is used or consumed in the production of, - and incorporated into, the remanufactured good. + (1) In general.--For purposes of this Act and for purposes of + implementing the preferential tariff treatment provided for under + the USMCA, except as otherwise provided in this section, a good is + an originating good if-- + (A) the good is a good wholly obtained or produced entirely + in the territory of one or more USMCA countries; + (B) the good is produced entirely in the territory of one + or more USMCA countries using nonoriginating materials, if the + good satisfies all applicable requirements set forth in Annex + 4-B of the USMCA; or + (C) the good is produced entirely in the territory of one + or more USMCA countries, exclusively from originating + materials; + (D) except for a good provided for under any of chapters 61 + through 63-- + (i) the good is produced entirely in the territory of + one or more USMCA countries; + (ii) one or more of the nonoriginating materials + provided for as parts under the HTS and used in the + production of the good do not satisfy the requirements set + forth in Annex 4-B of the USMCA because-- + + (I) both the good and its materials are classified + under the same subheading or under the same heading + that is not further subdivided into subheadings; or + (II) the good was imported into the territory of a + USMCA country in an unassembled form or a disassembled + form but was classified as an assembled good pursuant + to rule 2(a) of the General Rules of Interpretation of + the HTS; and + + (iii) the regional value content of the good is not + less than 60 percent if the transaction value method is + used, or not less than 50 percent if the net cost method is + used and the good satisfies all other applicable + requirements of this section; or + (E) the good itself, as imported, is listed in table 2.10.1 + of the USMCA and is imported into the territory of the United + States from the territory of a USMCA country. + (2) Remanufactured goods.--For purposes of determining whether + a remanufactured good is an originating good, a recovered material + derived in the territory of one or more USMCA countries shall be + treated as originating if the recovered material is used or + consumed in the production of, and incorporated into, the + remanufactured good. (d) Regional Value Content.-- - (1) In general.--Except as provided in paragraph (5), for - purposes of subparagraphs (B) and (D) of subsection (c)(1), the - regional value content of a good shall be calculated, at the - choice of the importer, exporter, or producer of the good, on - the basis of-- - (A) the transaction value method described in - paragraph (2); or - (B) the net cost method described in paragraph (3). - (2) Transaction value method.-- - (A) In general.--An importer, exporter, or producer - of a good may calculate the regional value content of - the good on the basis of the following transaction - value method: + (1) In general.--Except as provided in paragraph (5), for + purposes of subparagraphs (B) and (D) of subsection (c)(1), the + regional value content of a good shall be calculated, at the choice + of the importer, exporter, or producer of the good, on the basis + of-- + (A) the transaction value method described in paragraph + (2); or + (B) the net cost method described in paragraph (3). + (2) Transaction value method.-- + (A) In general.--An importer, exporter, or producer of a + good may calculate the regional value content of the good on + the basis of the following transaction value method: TV-VNM ...................... -RVC = ---------- x 100 +RVC = ---------- <greek-e> 100 TV ...................... - (B) Definitions.--In this paragraph: - (i) RVC.--The term ``RVC'' means the - regional value content of the good, expressed - as a percentage. - (ii) TV.--The term ``TV'' means the - transaction value of the good, adjusted to - exclude any costs incurred in the international - shipment of the good. - (iii) VNM.--The term ``VNM'' means the - value of nonoriginating materials used by the - producer in the production of the good. - (3) Net cost method.-- - (A) In general.--An importer, exporter, or producer - of a good may calculate the regional value content of - the good on the basis of the following net cost method: + + (B) Definitions.--In this paragraph: + (i) RVC.--The term ``RVC'' means the regional value + content of the good, expressed as a percentage. + (ii) TV.--The term ``TV'' means the transaction value + of the good, adjusted to exclude any costs incurred in the + international shipment of the good. + (iii) VNM.--The term ``VNM'' means the value of + nonoriginating materials used by the producer in the + production of the good. + (3) Net cost method.-- + (A) In general.--An importer, exporter, or producer of a + good may calculate the regional value content of the good on + the basis of the following net cost method: NC-VNM ...................... -RVC = ---------- x 100 +RVC = ---------- <greek-e> 100 NC ...................... - (B) Definitions.--In this paragraph: - (i) NC.--The term ``NC'' means the net cost - of the good. - (ii) RVC.--The term ``RVC'' means the - regional value content of the good, expressed - as a percentage. - (iii) VNM.--The term ``VNM'' means the - value of nonoriginating materials used by the - producer in the production of the good. - (4) Value of nonoriginating materials.-- - (A) In general.--The value of nonoriginating - materials used by the producer in the production of a - good shall not, for purposes of calculating the - regional value content of the good under paragraph (2) - or (3), include the value of nonoriginating materials - used or consumed to produce originating materials that - are subsequently used or consumed in the production of - the good. - (B) Special rule for certain components.--The - following components of the value of nonoriginating - materials used by the producer in the production of a - good may be counted as originating content for purposes - of determining whether the good meets the regional - value content requirement set forth in Annex 4-B of the - USMCA: - (i) The value of processing the - nonoriginating materials undertaken in the - territory of one or more USMCA countries. - (ii) The value of any originating materials - used or consumed in the production of the - nonoriginating materials undertaken in the - territory of one or more USMCA countries. - (5) Net cost method required in certain cases.--An - importer, exporter, or producer of a good shall calculate the - regional value content of the good solely on the basis of the - net cost method described in paragraph (3) if the rule for the - good set forth in Annex 4-B of the USMCA includes a regional - value content requirement not based on the transaction value - method described in paragraph (2). - (6) Net cost method allowed for adjustments.-- - (A) In general.--If an importer, exporter, or - producer of a good calculates the regional value - content of the good on the basis of the transaction - value method described in paragraph (2) and a USMCA - country subsequently notifies the importer, exporter, - or producer, during the course of a verification - conducted in accordance with chapter 5 or 6 of the - USMCA, that the transaction value of the good or the - value of any material used in the production of the - good must be adjusted or is unacceptable under article - 1 of the Customs Valuation Agreement, the importer, - exporter, or producer may calculate the regional value - content of the good on the basis of the net cost - method. - (B) Review of adjustment.--Nothing in subparagraph - (A) shall be construed to prevent any review or appeal - available in accordance with article 5.15 of the USMCA - with respect to an adjustment to or a rejection of-- - (i) the transaction value of a good; or - (ii) the value of any material used in the - production of a good. - (7) Calculating net cost.--The producer of a good may, - consistent with regulations implementing this section, - calculate the net cost of the good under paragraph (3) by-- - (A) calculating the total cost incurred with - respect to all goods produced by that producer, - subtracting any sales promotion, marketing, and after- - sales services costs, royalties, shipping and packing - costs, and nonallowable interest costs that are - included in the total cost of those goods, and then - reasonably allocating the resulting net cost of those - goods to the good; - (B) calculating the total cost incurred with - respect to all goods produced by that producer, - reasonably allocating the total cost to the good, and - subtracting any sales promotion, marketing, and after- - sales service costs, royalties, shipping and packing - costs, and nonallowable interest costs, that are - included in the portion of the total cost allocated to - the good; or - (C) reasonably allocating each cost that is part of - the total cost incurred with respect to the good so - that the aggregate of those costs does not include any - sales promotion, marketing, and after-sales service - costs, royalties, shipping and packing costs, and - nonallowable interest costs. - (8) Value of materials used in production.--For purposes of - calculating the regional value content of a good under this - subsection, applying the de minimis rules under subsection (f), - and calculating the value of nonoriginating components in a set - under subsection (m), the value of a material used in the - production of a good is-- - (A) in the case of a material that is imported by - the producer of the good, the transaction value of the - material at the time of importation, including the - costs incurred in the international shipment of the - material; - (B) in the case of a material acquired in the - territory in which the good is produced-- - (i) the price paid or payable by the - producer in the USMCA country where the - producer is located; - (ii) the value as determined under - subparagraph (A), as set forth in regulations - prescribed by the Secretary of the Treasury - providing for the application of transaction - value in the absence of an importation by the - producer; or - (iii) the earliest ascertainable price paid - or payable in the territory of the country; or - (C) in the case of a self-produced material, the - sum of-- - (i) all expenses incurred in the production - of the material, including general expenses; - and - (ii) an amount for profit equivalent to the - profit added in the normal course of trade or - equal to the profit that is usually reflected - in the sale of goods of the same class or kind - as the material. - (9) Intermediate materials.-- - (A) In general.--Any self-produced material that is - used in the production of a good may be designated by - the producer of the good as an intermediate material - for purposes of calculating the regional value content - of the good under paragraph (2) or (3). - (B) Materials used in production of intermediate - materials.--If a self-produced material is designated - as an intermediate material under subparagraph (A) for - purposes of calculating a regional value content - requirement, no other self-produced material subject to - a regional value content requirement used or consumed - in the production of that intermediate material may be - designated by the producer as an intermediate material. - (10) Further adjustments to value of materials.--The - following expenses, if included in the value of a - nonoriginating material calculated under paragraph (8), may be - deducted from the value of the nonoriginating material: - (A) The costs of freight, insurance, packing, and - all other costs incurred in transporting the material - to the location of the producer. - (B) Duties, taxes, and customs brokerage fees on - the material paid in the territory of one or more USMCA - countries, other than duties or taxes that are waived, - refunded, refundable, or otherwise recoverable, - including credit against duty or tax paid or payable. - (C) The cost of waste and spoilage resulting from - the use of the material in the production of the good, - less the value of renewable scrap or byproducts. + + (B) Definitions.--In this paragraph: + (i) NC.--The term ``NC'' means the net cost of the + good. + (ii) RVC.--The term ``RVC'' means the regional value + content of the good, expressed as a percentage. + (iii) VNM.--The term ``VNM'' means the value of + nonoriginating materials used by the producer in the + production of the good. + (4) Value of nonoriginating materials.-- + (A) In general.--The value of nonoriginating materials used + by the producer in the production of a good shall not, for + purposes of calculating the regional value content of the good + under paragraph (2) or (3), include the value of nonoriginating + materials used or consumed to produce originating materials + that are subsequently used or consumed in the production of the + good. + (B) Special rule for certain components.--The following + components of the value of nonoriginating materials used by the + producer in the production of a good may be counted as + originating content for purposes of determining whether the + good meets the regional value content requirement set forth in + Annex 4-B of the USMCA: + (i) The value of processing the nonoriginating + materials undertaken in the territory of one or more USMCA + countries. + (ii) The value of any originating materials used or + consumed in the production of the nonoriginating materials + undertaken in the territory of one or more USMCA countries. + (5) Net cost method required in certain cases.--An importer, + exporter, or producer of a good shall calculate the regional value + content of the good solely on the basis of the net cost method + described in paragraph (3) if the rule for the good set forth in + Annex 4-B of the USMCA includes a regional value content + requirement not based on the transaction value method described in + paragraph (2). + (6) Net cost method allowed for adjustments.-- + (A) In general.--If an importer, exporter, or producer of a + good calculates the regional value content of the good on the + basis of the transaction value method described in paragraph + (2) and a USMCA country subsequently notifies the importer, + exporter, or producer, during the course of a verification + conducted in accordance with chapter 5 or 6 of the USMCA, that + the transaction value of the good or the value of any material + used in the production of the good must be adjusted or is + unacceptable under article 1 of the Customs Valuation + Agreement, the importer, exporter, or producer may calculate + the regional value content of the good on the basis of the net + cost method. + (B) Review of adjustment.--Nothing in subparagraph (A) + shall be construed to prevent any review or appeal available in + accordance with article 5.15 of the USMCA with respect to an + adjustment to or a rejection of-- + (i) the transaction value of a good; or + (ii) the value of any material used in the production + of a good. + (7) Calculating net cost.--The producer of a good may, + consistent with regulations implementing this section, calculate + the net cost of the good under paragraph (3) by-- + (A) calculating the total cost incurred with respect to all + goods produced by that producer, subtracting any sales + promotion, marketing, and after-sales services costs, + royalties, shipping and packing costs, and nonallowable + interest costs that are included in the total cost of those + goods, and then reasonably allocating the resulting net cost of + those goods to the good; + (B) calculating the total cost incurred with respect to all + goods produced by that producer, reasonably allocating the + total cost to the good, and subtracting any sales promotion, + marketing, and after-sales service costs, royalties, shipping + and packing costs, and nonallowable interest costs, that are + included in the portion of the total cost allocated to the + good; or + (C) reasonably allocating each cost that is part of the + total cost incurred with respect to the good so that the + aggregate of those costs does not include any sales promotion, + marketing, and after-sales service costs, royalties, shipping + and packing costs, and nonallowable interest costs. + (8) Value of materials used in production.--For purposes of + calculating the regional value content of a good under this + subsection, applying the de minimis rules under subsection (f), and + calculating the value of nonoriginating components in a set under + subsection (m), the value of a material used in the production of a + good is-- + (A) in the case of a material that is imported by the + producer of the good, the transaction value of the material at + the time of importation, including the costs incurred in the + international shipment of the material; + (B) in the case of a material acquired in the territory in + which the good is produced-- + (i) the price paid or payable by the producer in the + USMCA country where the producer is located; + (ii) the value as determined under subparagraph (A), as + set forth in regulations prescribed by the Secretary of the + Treasury providing for the application of transaction value + in the absence of an importation by the producer; or + (iii) the earliest ascertainable price paid or payable + in the territory of the country; or + (C) in the case of a self-produced material, the sum of-- + (i) all expenses incurred in the production of the + material, including general expenses; and + (ii) an amount for profit equivalent to the profit + added in the normal course of trade or equal to the profit + that is usually reflected in the sale of goods of the same + class or kind as the material. + (9) Intermediate materials.-- + (A) In general.--Any self-produced material that is used in + the production of a good may be designated by the producer of + the good as an intermediate material for purposes of + calculating the regional value content of the good under + paragraph (2) or (3). + (B) Materials used in production of intermediate + materials.--If a self-produced material is designated as an + intermediate material under subparagraph (A) for purposes of + calculating a regional value content requirement, no other + self-produced material subject to a regional value content + requirement used or consumed in the production of that + intermediate material may be designated by the producer as an + intermediate material. + (10) Further adjustments to value of materials.--The following + expenses, if included in the value of a nonoriginating material + calculated under paragraph (8), may be deducted from the value of + the nonoriginating material: + (A) The costs of freight, insurance, packing, and all other + costs incurred in transporting the material to the location of + the producer. + (B) Duties, taxes, and customs brokerage fees on the + material paid in the territory of one or more USMCA countries, + other than duties or taxes that are waived, refunded, + refundable, or otherwise recoverable, including credit against + duty or tax paid or payable. + (C) The cost of waste and spoilage resulting from the use + of the material in the production of the good, less the value + of renewable scrap or byproducts. (e) Accumulation.-- - (1) Producers.--A good that is produced in the territory of - one or more USMCA countries, by one or more producers, is an - originating good if the good satisfies the requirements of - subsection (c) and all other applicable requirements of this - section. - (2) Originating materials used in production of goods of a - usmca country.--Originating materials from the territory of one - or more USMCA countries that are used in the production of a - good in the territory of another USMCA country shall be - considered to originate in the territory of such other USMCA - country. - (3) Production undertaken on nonoriginating materials used - in the production of goods.--In determining whether a good is - an originating good under this section, production undertaken - on nonoriginating material in the territory of one or more - USMCA countries by one or more producers shall contribute to - the originating status of the good, regardless of whether that - production is sufficient to confer originating status to the - nonoriginating material. + (1) Producers.--A good that is produced in the territory of one + or more USMCA countries, by one or more producers, is an + originating good if the good satisfies the requirements of + subsection (c) and all other applicable requirements of this + section. + (2) Originating materials used in production of goods of a + usmca country.--Originating materials from the territory of one or + more USMCA countries that are used in the production of a good in + the territory of another USMCA country shall be considered to + originate in the territory of such other USMCA country. + (3) Production undertaken on nonoriginating materials used in + the production of goods.--In determining whether a good is an + originating good under this section, production undertaken on + nonoriginating material in the territory of one or more USMCA + countries by one or more producers shall contribute to the + originating status of the good, regardless of whether that + production is sufficient to confer originating status to the + nonoriginating material. (f) De Minimis Amounts of Nonoriginating Materials.-- - (1) In general.--Except as provided in paragraphs (2) - through (4), a good that does not undergo a change in tariff - classification or satisfy a regional value content requirement - set forth in Annex 4-B of the USMCA is an originating good if-- - (A) the value of all nonoriginating materials that - are used in the production of the good, and do not - undergo the applicable change in tariff classification - set forth in Annex 4-B of the USMCA-- - (i) does not exceed 10 percent of the - transaction value of the good, adjusted to - exclude any costs incurred in the international - shipment of the good; or - (ii) does not exceed 10 percent of the - total cost of the good; - (B) the good meets all other applicable - requirements of this section; and - (C) the value of such nonoriginating materials is - included in the value of nonoriginating materials for - any applicable regional value content requirement for - the good. - (2) Exceptions for dairy and other products.--Paragraph (1) - does not apply to the following: - (A) A nonoriginating material of headings 0401 - through 0406, or a nonoriginating dairy preparation - containing over 10 percent by dry weight of milk solids - of subheading 1901.90 or 2106.90, used or consumed in - the production of a good of headings 0401 through 0406. - (B) A nonoriginating material of headings 0401 - through 0406, or nonoriginating dairy preparation - containing over 10 percent by dry weight of milk solids - of subheading 1901.90 or 2106.90, used or consumed in - the production of any of the following goods: - (i) Infant preparations containing over 10 - percent by dry weight of milk solids, of - subheading 1901.10. - (ii) Mixes and doughs containing over 25 - percent by dry weight of butterfat, not put up - for retail sale, of subheading 1901.20. - (iii) A dairy preparation containing over - 10 percent by dry weight of milk solids, of - subheading 1901.90 or 2106.90. - (iv) A good of heading 2105. - (v) Beverages containing milk of subheading - 2202.90. - (vi) Animal feeds containing over 10 - percent by dry weight of milk solids of - subheading 2309.90. - (C) A nonoriginating material of heading 0805, or - any of subheadings 2009.11 through 2009.39, used or - consumed in the production of a good of subheadings - 2009.11 through 2009.39, or a fruit or vegetable juice - of any single fruit or vegetable, fortified with - minerals or vitamins, concentrated or unconcentrated, - of subheading 2106.90 or 2202.90. - (D) A nonoriginating material of chapter 9 used or - consumed in the production of instant coffee, not - flavored, of subheading 2101.11. - (E) A nonoriginating material of chapter 15 used or - consumed in the production of a good of heading 1507, - 1508, 1512, 1514, or 1515. - (F) A nonoriginating material of heading 1701 used - or consumed in the production of a good of any of - headings 1701 through 1703. - (G) A nonoriginating material of chapter 17 or - heading 1805 used in the production of a good of - subheading 1806.10. - (H) Nonoriginating peaches, pears, or apricots of - chapter 8 or 20, used in the production of a good of - heading 2008. - (I) A nonoriginating single juice ingredient of - heading 2009 used or consumed in the production of a - good of-- - (i) subheading 2009.90, or tariff item - 2106.90.54 (concentrated mixtures of fruit or - vegetable juice, fortified with minerals or - vitamins); or - (ii) tariff item 2202.99.37 (mixtures of - fruit or vegetable juices, fortified with - minerals or vitamins). - (J) A nonoriginating material of any of headings - 2203 through 2208 used or consumed in the production of - a good provided for under heading 2207 or 2208. - (3) Goods provided for under chapters 1 through 27.-- - Paragraph (1) does not apply to a nonoriginating material used - or consumed in the production of a good provided for in - chapters 1 through 27 unless the nonoriginating material is - provided for in a different subheading than the subheading of - the good for which origin is being determined. - (4) Textile or apparel goods.-- - (A) Goods classified under chapters 50 through - 60.--Except as provided in subparagraph (C), a textile - or apparel good provided for in any of chapters 50 - through 60 or heading 9619 that is not an originating - good because certain nonoriginating materials used in - the production of the good do not undergo an applicable - change in tariff classification set forth in Annex 4-B - of the USMCA, shall be considered to be an originating - good if the total weight of all such materials, - including elastomeric yarns, is not more than 10 - percent of the total weight of the good and the good - meets all other applicable requirements of this - section. - (B) Goods classified under chapters 61 through - 63.--Except as provided in subparagraph (C), a textile - or apparel good provided for in chapter 61, 62, or 63 - that is not an originating good because certain fibers - or yarns used in the production of the component of the - good that determines the tariff classification of the - good do not undergo an applicable change in tariff - classification set forth in Annex 4-B of the USMCA - shall be considered to be an originating good if the - total weight of all such fibers or yarns in the - component, including elastomeric yarns, is not more - than 10 percent of the total weight of the component - and the good meets all other applicable requirements of - this section. - (C) Goods containing nonoriginating elastomeric - yarns.-- - (i) Goods classified under chapters 50 - through 60 or heading 9619 .--A textile or - apparel good described in subparagraph (A) - containing nonoriginating elastomeric yarns - shall be considered to be an originating good - only if the nonoriginating elastomeric yarns - contained in the good do not exceed 7 percent - of the total weight of the good. - (ii) Goods classified under chapters 61 - through 63.--A textile or apparel good - described in subparagraph (B) containing - nonoriginating elastomeric yarns shall be - considered to be an originating good only if - the nonoriginating elastomeric yarns contained - in the component of the good that determines - the tariff classification of the good do not - exceed 7 percent of the total weight of the - good. + (1) In general.--Except as provided in paragraphs (2) through + (4), a good that does not undergo a change in tariff classification + or satisfy a regional value content requirement set forth in Annex + 4-B of the USMCA is an originating good if-- + (A) the value of all nonoriginating materials that are used + in the production of the good, and do not undergo the + applicable change in tariff classification set forth in Annex + 4-B of the USMCA-- + (i) does not exceed 10 percent of the transaction value + of the good, adjusted to exclude any costs incurred in the + international shipment of the good; or + (ii) does not exceed 10 percent of the total cost of + the good; + (B) the good meets all other applicable requirements of + this section; and + (C) the value of such nonoriginating materials is included + in the value of nonoriginating materials for any applicable + regional value content requirement for the good. + (2) Exceptions for dairy and other products.--Paragraph (1) + does not apply to the following: + (A) A nonoriginating material of headings 0401 through + 0406, or a nonoriginating dairy preparation containing over 10 + percent by dry weight of milk solids of subheading 1901.90 or + 2106.90, used or consumed in the production of a good of + headings 0401 through 0406. + (B) A nonoriginating material of headings 0401 through + 0406, or nonoriginating dairy preparation containing over 10 + percent by dry weight of milk solids of subheading 1901.90 or + 2106.90, used or consumed in the production of any of the + following goods: + (i) Infant preparations containing over 10 percent by + dry weight of milk solids, of subheading 1901.10. + (ii) Mixes and doughs containing over 25 percent by dry + weight of butterfat, not put up for retail sale, of + subheading 1901.20. + (iii) A dairy preparation containing over 10 percent by + dry weight of milk solids, of subheading 1901.90 or + 2106.90. + (iv) A good of heading 2105. + (v) Beverages containing milk of subheading 2202.90. + (vi) Animal feeds containing over 10 percent by dry + weight of milk solids of subheading 2309.90. + (C) A nonoriginating material of heading 0805, or any of + subheadings 2009.11 through 2009.39, used or consumed in the + production of a good of subheadings 2009.11 through 2009.39, or + a fruit or vegetable juice of any single fruit or vegetable, + fortified with minerals or vitamins, concentrated or + unconcentrated, of subheading 2106.90 or 2202.90. + (D) A nonoriginating material of chapter 9 used or consumed + in the production of instant coffee, not flavored, of + subheading 2101.11. + (E) A nonoriginating material of chapter 15 used or + consumed in the production of a good of heading 1507, 1508, + 1512, 1514, or 1515. + (F) A nonoriginating material of heading 1701 used or + consumed in the production of a good of any of headings 1701 + through 1703. + (G) A nonoriginating material of chapter 17 or heading 1805 + used in the production of a good of subheading 1806.10. + (H) Nonoriginating peaches, pears, or apricots of chapter 8 + or 20, used in the production of a good of heading 2008. + (I) A nonoriginating single juice ingredient of heading + 2009 used or consumed in the production of a good of-- + (i) subheading 2009.90, or tariff item 2106.90.54 + (concentrated mixtures of fruit or vegetable juice, + fortified with minerals or vitamins); or + (ii) tariff item 2202.99.37 (mixtures of fruit or + vegetable juices, fortified with minerals or vitamins). + (J) A nonoriginating material of any of headings 2203 + through 2208 used or consumed in the production of a good + provided for under heading 2207 or 2208. + (3) Goods provided for under chapters 1 through 27.--Paragraph + (1) does not apply to a nonoriginating material used or consumed in + the production of a good provided for in chapters 1 through 27 + unless the nonoriginating material is provided for in a different + subheading than the subheading of the good for which origin is + being determined. + (4) Textile or apparel goods.-- + (A) Goods classified under chapters 50 through 60.--Except + as provided in subparagraph (C), a textile or apparel good + provided for in any of chapters 50 through 60 or heading 9619 + that is not an originating good because certain nonoriginating + materials used in the production of the good do not undergo an + applicable change in tariff classification set forth in Annex + 4-B of the USMCA, shall be considered to be an originating good + if the total weight of all such materials, including + elastomeric yarns, is not more than 10 percent of the total + weight of the good and the good meets all other applicable + requirements of this section. + (B) Goods classified under chapters 61 through 63.--Except + as provided in subparagraph (C), a textile or apparel good + provided for in chapter 61, 62, or 63 that is not an + originating good because certain fibers or yarns used in the + production of the component of the good that determines the + tariff classification of the good do not undergo an applicable + change in tariff classification set forth in Annex 4-B of the + USMCA shall be considered to be an originating good if the + total weight of all such fibers or yarns in the component, + including elastomeric yarns, is not more than 10 percent of the + total weight of the component and the good meets all other + applicable requirements of this section. + (C) Goods containing nonoriginating elastomeric yarns.-- + (i) Goods classified under chapters 50 through 60 or + heading 9619 .--A textile or apparel good described in + subparagraph (A) containing nonoriginating elastomeric + yarns shall be considered to be an originating good only if + the nonoriginating elastomeric yarns contained in the good + do not exceed 7 percent of the total weight of the good. + (ii) Goods classified under chapters 61 through 63.--A + textile or apparel good described in subparagraph (B) + containing nonoriginating elastomeric yarns shall be + considered to be an originating good only if the + nonoriginating elastomeric yarns contained in the component + of the good that determines the tariff classification of + the good do not exceed 7 percent of the total weight of the + good. (g) Fungible Goods and Materials.-- - (1) Fungible materials used in production.--Subject to - paragraph (3), if originating and nonoriginating fungible - materials are used or consumed in the production of a good, the - determination of whether the materials are originating may be - made on the basis of any of the inventory management methods - set forth in regulations implementing this section. - (2) Fungible goods commingled and exported.--Subject to - paragraph (3), if originating and nonoriginating fungible goods - are commingled and exported in the same form, the determination - of whether the goods are originating may be made on the basis - of any of the inventory management methods set forth in - regulations implementing this section. - (3) Use of inventory management method.--A person that - selects an inventory management method for purposes of - paragraph (1) or (2) shall use that inventory management method - throughout the fiscal year of the person. + (1) Fungible materials used in production.--Subject to + paragraph (3), if originating and nonoriginating fungible materials + are used or consumed in the production of a good, the determination + of whether the materials are originating may be made on the basis + of any of the inventory management methods set forth in regulations + implementing this section. + (2) Fungible goods commingled and exported.--Subject to + paragraph (3), if originating and nonoriginating fungible goods are + commingled and exported in the same form, the determination of + whether the goods are originating may be made on the basis of any + of the inventory management methods set forth in regulations + implementing this section. + (3) Use of inventory management method.--A person that selects + an inventory management method for purposes of paragraph (1) or (2) + shall use that inventory management method throughout the fiscal + year of the person. (h) Accessories, Spare Parts, Tools, and Instructional or Other Information Materials.-- - (1) In general.--Subject to paragraph (2), accessories, + (1) In general.--Subject to paragraph (2), accessories, spare + parts, tools, or instructional or other information materials + delivered with a good shall-- + (A) be treated as originating if the good is an originating + good; + (B) be disregarded in determining whether a good is a good + wholly obtained or produced entirely in the territory of one or + more USMCA countries or satisfies a process or change in tariff + classification set forth in Annex 4-B of the USMCA; and + (C) be taken into account as originating or nonoriginating + materials, as the case may be, in calculating any applicable + regional value content of the good set forth in Annex 4-B of + the USMCA. + (2) Conditions.--Paragraph (1) shall apply only if-- + (A) the accessories, spare parts, tools, or instructional + or other information materials are classified with and + delivered with, but not invoiced separately from, the good; and + (B) the types, quantities, and value of the accessories, spare parts, tools, or instructional or other information - materials delivered with a good shall-- - (A) be treated as originating if the good is an - originating good; - (B) be disregarded in determining whether a good is - a good wholly obtained or produced entirely in the - territory of one or more USMCA countries or satisfies a - process or change in tariff classification set forth in - Annex 4-B of the USMCA; and - (C) be taken into account as originating or - nonoriginating materials, as the case may be, in - calculating any applicable regional value content of - the good set forth in Annex 4-B of the USMCA. - (2) Conditions.--Paragraph (1) shall apply only if-- - (A) the accessories, spare parts, tools, or - instructional or other information materials are - classified with and delivered with, but not invoiced - separately from, the good; and - (B) the types, quantities, and value of the - accessories, spare parts, tools, or instructional or - other information materials are customary for the good. + materials are customary for the good. (i) Packaging Materials and Containers for Retail Sale.--Packaging materials and containers in which a good is packaged for retail sale, if classified with the good, shall be disregarded in determining @@ -1316,705 +1225,604 @@ an originating material without regard to where it is produced. production necessary to qualify as an originating good under subsection (c) shall not be considered to be an originating good if, subsequent to that production, the good-- - (1) undergoes further production or any other operation - outside the territory of a USMCA country, other than-- - (A) unloading, reloading, separation from a bulk - shipment, storing, labeling, or marking, as required by - a USMCA country; or - (B) any other operation necessary to preserve the - good in good condition or to transport the good to the - territory of the importing USMCA country; or - (2) does not remain under the control of customs - authorities in a country other than a USMCA country. + (1) undergoes further production or any other operation outside + the territory of a USMCA country, other than-- + (A) unloading, reloading, separation from a bulk shipment, + storing, labeling, or marking, as required by a USMCA country; + or + (B) any other operation necessary to preserve the good in + good condition or to transport the good to the territory of the + importing USMCA country; or + (2) does not remain under the control of customs authorities in + a country other than a USMCA country. (m) Goods Classifiable as Goods Put Up in Sets.-- - (1) Goods other than textile or apparel goods.-- - Notwithstanding the rules set forth in Annex 4-B of the USMCA, - goods classifiable as goods put up in sets for retail sale as - provided for in rule 3 of the General Rule of Interpretation of - the HTS shall not be considered to be originating goods - unless-- - (A) each of the goods in the set is an originating - good; or - (B) the total value of the nonoriginating goods in - the set does not exceed 10 percent of the value of the - set. - (2) Textile or apparel goods.--Notwithstanding the rules - set forth in Annex 4-B of the USMCA, goods classifiable as - goods put up in sets for retail sale as provided for in rule 3 - of the General Rule of Interpretation of the HTS shall not be - considered to be originating goods unless-- - (A) each of the goods in the set is an originating - good; or - (B) the total value of the nonoriginating goods in - the set does not exceed 10 percent of the value of the - set. + (1) Goods other than textile or apparel goods.--Notwithstanding + the rules set forth in Annex 4-B of the USMCA, goods classifiable + as goods put up in sets for retail sale as provided for in rule 3 + of the General Rule of Interpretation of the HTS shall not be + considered to be originating goods unless-- + (A) each of the goods in the set is an originating good; or + (B) the total value of the nonoriginating goods in the set + does not exceed 10 percent of the value of the set. + (2) Textile or apparel goods.--Notwithstanding the rules set + forth in Annex 4-B of the USMCA, goods classifiable as goods put up + in sets for retail sale as provided for in rule 3 of the General + Rule of Interpretation of the HTS shall not be considered to be + originating goods unless-- + (A) each of the goods in the set is an originating good; or + (B) the total value of the nonoriginating goods in the set + does not exceed 10 percent of the value of the set. (n) Nonqualifying Operations.--A good shall not be considered to be an originating good merely by reason of-- - (1) mere dilution with water or another substance that does - not materially alter the characteristics of the good; or - (2) any production or pricing practice with respect to - which it may be demonstrated, by a preponderance of the - evidence, that the object of the practice was to circumvent - this section. + (1) mere dilution with water or another substance that does not + materially alter the characteristics of the good; or + (2) any production or pricing practice with respect to which it + may be demonstrated, by a preponderance of the evidence, that the + object of the practice was to circumvent this section. (o) Effective Date.-- - (1) In general.--This section shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to a good entered for - consumption, or withdrawn from warehouse for - consumption, on or after that date. - (2) Transition from nafta treatment.--Section 202 of the - North American Free Trade Agreement Implementation Act (19 - U.S.C. 3332), as in effect on the day before the date on which - the USMCA enters into force, shall continue to apply on and - after that date with respect to a good entered for consumption, - or withdrawn from warehouse for consumption, before that date. - + (1) In general.--This section shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to a good entered for consumption, + or withdrawn from warehouse for consumption, on or after that + date. + (2) Transition from nafta treatment.--Section 202 of the North + American Free Trade Agreement Implementation Act (19 U.S.C. 3332), + as in effect on the day before the date on which the USMCA enters + into force, shall continue to apply on and after that date with + respect to a good entered for consumption, or withdrawn from + warehouse for consumption, before that date. SEC. 202A. SPECIAL RULES FOR AUTOMOTIVE GOODS. - (a) Definitions.--In this section: - (1) Alternative staging regime.--The term ``alternative - staging regime'' means the application, pursuant to subsection - (d), of the requirements of article 8 of the automotive - appendix to the production of covered vehicles to allow - producers of such vehicles to bring such production into - compliance with the requirements of articles 2 through 7 of - that appendix. - (2) Alternative staging regime period.--The term - ``alternative staging regime period'' means the period during - which the alternative staging regime is in effect. - (3) Automotive appendix.--The term ``automotive appendix'' - means the Appendix to Annex 4-B of the USMCA (relating to the - product-specific rules of origin for automotive goods). - (4) Automotive good.--The term ``automotive good'' means-- - (A) a covered vehicle; or - (B) a part, component, or material listed in table - A.1, A.2, B, C, D, or E of the automotive appendix. - (5) Automotive rules of origin.--The term ``automotive - rules of origin'' means the rules of origin for automotive - goods set forth in the automotive appendix. - (6) Commissioner.--The term ``Commissioner'' means the - Commissioner of U.S. Customs and Border Protection. - (7) Covered vehicle.--The term ``covered vehicle'' means a - passenger vehicle, light truck, or heavy truck. - (8) Interagency committee.--The term ``interagency - committee'' means the interagency committee established under - subsection (b)(1). - (9) Passenger vehicle; light truck; heavy truck.--The terms - ``passenger vehicle'', ``light truck'', and ``heavy truck'' - have the meanings given those terms in article 1 of the - automotive appendix. - (10) USMCA country.--The term ``USMCA country'' means the - United States, Canada, or Mexico for such time as the USMCA is - in force with respect to Canada or Mexico, and the United - States applies the USMCA to Canada or Mexico. + (1) Alternative staging regime.--The term ``alternative staging + regime'' means the application, pursuant to subsection (d), of the + requirements of article 8 of the automotive appendix to the + production of covered vehicles to allow producers of such vehicles + to bring such production into compliance with the requirements of + articles 2 through 7 of that appendix. + (2) Alternative staging regime period.--The term ``alternative + staging regime period'' means the period during which the + alternative staging regime is in effect. + (3) Automotive appendix.--The term ``automotive appendix'' + means the Appendix to Annex 4-B of the USMCA (relating to the + product-specific rules of origin for automotive goods). + (4) Automotive good.--The term ``automotive good'' means-- + (A) a covered vehicle; or + (B) a part, component, or material listed in table A.1, + A.2, B, C, D, or E of the automotive appendix. + (5) Automotive rules of origin.--The term ``automotive rules of + origin'' means the rules of origin for automotive goods set forth + in the automotive appendix. + (6) Commissioner.--The term ``Commissioner'' means the + Commissioner of U.S. Customs and Border Protection. + (7) Covered vehicle.--The term ``covered vehicle'' means a + passenger vehicle, light truck, or heavy truck. + (8) Interagency committee.--The term ``interagency committee'' + means the interagency committee established under subsection + (b)(1). + (9) Passenger vehicle; light truck; heavy truck.--The terms + ``passenger vehicle'', ``light truck'', and ``heavy truck'' have + the meanings given those terms in article 1 of the automotive + appendix. + (10) USMCA country.--The term ``USMCA country'' means the + United States, Canada, or Mexico for such time as the USMCA is in + force with respect to Canada or Mexico, and the United States + applies the USMCA to Canada or Mexico. (b) Establishment of Interagency Committee.-- - (1) In general.--Not later than 30 days after the date of - the enactment of this Act, the President shall establish an - interagency committee-- - (A) to provide advice, as appropriate, on the - implementation, enforcement, and modification of - provisions of the USMCA that relate to automotive - goods, including the alternative staging regime; and - (B) to review the operation of the USMCA with - respect to trade in automotive goods, including-- - (i) the economic effects of the automotive - rules of origin on the United States economy, - workers, and consumers; and - (ii) the impact of new technology on such - rules of origin. - (2) Members.--The members of the interagency committee - shall be the following: - (A) The Trade Representative. - (B) The Secretary of Commerce. - (C) The Commissioner. - (D) The Secretary of Labor. - (E) The Chair of the International Trade - Commission. - (F) Any other members determined to be necessary by - the Trade Representative. - (3) Chair.--The chair of the interagency committee shall be - the Trade Representative. - (4) Use of information.-- - (A) Information sharing.--Notwithstanding any other - provision of law, the members of the interagency - committee may exchange information for purposes of - carrying out this section. - (B) Confidentiality of information.--The - interagency committee and any Federal agency - represented on the interagency committee may not - disclose to the public any confidential documents or - information received in the course of carrying out this - section, except information aggregated to preserve - confidentiality and used in the reports described in - subsection (g). + (1) In general.--Not later than 30 days after the date of the + enactment of this Act, the President shall establish an interagency + committee-- + (A) to provide advice, as appropriate, on the + implementation, enforcement, and modification of provisions of + the USMCA that relate to automotive goods, including the + alternative staging regime; and + (B) to review the operation of the USMCA with respect to + trade in automotive goods, including-- + (i) the economic effects of the automotive rules of + origin on the United States economy, workers, and + consumers; and + (ii) the impact of new technology on such rules of + origin. + (2) Members.--The members of the interagency committee shall be + the following: + (A) The Trade Representative. + (B) The Secretary of Commerce. + (C) The Commissioner. + (D) The Secretary of Labor. + (E) The Chair of the International Trade Commission. + (F) Any other members determined to be necessary by the + Trade Representative. + (3) Chair.--The chair of the interagency committee shall be the + Trade Representative. + (4) Use of information.-- + (A) Information sharing.--Notwithstanding any other + provision of law, the members of the interagency committee may + exchange information for purposes of carrying out this section. + (B) Confidentiality of information.--The interagency + committee and any Federal agency represented on the interagency + committee may not disclose to the public any confidential + documents or information received in the course of carrying out + this section, except information aggregated to preserve + confidentiality and used in the reports described in subsection + (g). (c) Certification Requirements.-- - (1) Certification relating to labor value content - requirements.-- - (A) In general.--A covered vehicle shall be - eligible for preferential tariff treatment only if the - producer of the covered vehicle-- - (i) provides a certification to the - Commissioner that the production of covered - vehicles by the producer meets the labor value - content requirements, including the high-wage - material and manufacturing expenditures, high- - wage technology expenditures, and high-wage - assembly expenditures, as set forth in article - 7 of the automotive appendix or, if the - producer is subject to the alternative staging - regime, articles 7 and 8 of that appendix, and - includes the calculations of the producer - related to the labor value content - requirements; and - (ii) has information on record to support - those calculations. - (B) Implementation.--For purposes of meeting the - requirements under subparagraph (A)-- - (i) the Secretary of Labor, in consultation - with the Commissioner, shall ensure that the - certification of a producer under subparagraph - (A)(i) does not contain omissions or errors - before the certification is considered properly - filed; and - (ii) a calculation described in - subparagraph (A)(i) based on a producer's - preceding fiscal or calendar year is valid for - the producer's subsequent fiscal or calendar - year, as the case may be, as set forth in - articles 7 and 8 of the automotive appendix. - (C) Regulations required.--The Secretary of the - Treasury, in consultation with the Secretary of Labor, - shall prescribe regulations to carry out this - paragraph, including regulations setting forth the - procedures and requirements for a producer of covered - vehicles to establish that the producer meets the labor - value content requirements for preferential tariff - treatment. - (2) Certification relating to steel and aluminum purchase - requirements.-- - (A) In general.--A covered vehicle shall be - eligible for preferential tariff treatment only if the - producer of the covered vehicle-- - (i) provides a certification to the - Commissioner that the production of covered - vehicles by the producer meets the steel and - aluminum purchase requirements set forth in - article 6 of the automotive appendix or, if the - producer is subject to the alternative staging - regime, articles 6 and 8 of that appendix; and - (ii) has information on record to support - the calculations relied on for the - certification. - (B) Implementation.--For purposes of meeting the - requirements under subparagraph (A)-- - (i) the Commissioner shall ensure that the - certification of a producer under subparagraph - (A)(i) does not contain omissions or errors - before the certification is considered properly - filed; and - (ii) a calculation described in - subparagraph (A)(ii) based on a producer's - preceding fiscal or calendar year is valid for - the producer's subsequent fiscal or calendar - year, as the case may be, as set forth in - articles 6 and 8 of the automotive appendix. - (C) Regulations required.--The Secretary of the - Treasury shall prescribe regulations to carry out this - paragraph, including regulations setting forth the - procedures and requirements for a producer of covered - vehicles to establish that the producer meets the steel - and aluminum purchase requirements for preferential - tariff treatment. + (1) Certification relating to labor value content + requirements.-- + (A) In general.--A covered vehicle shall be eligible for + preferential tariff treatment only if the producer of the + covered vehicle-- + (i) provides a certification to the Commissioner that + the production of covered vehicles by the producer meets + the labor value content requirements, including the high- + wage material and manufacturing expenditures, high-wage + technology expenditures, and high-wage assembly + expenditures, as set forth in article 7 of the automotive + appendix or, if the producer is subject to the alternative + staging regime, articles 7 and 8 of that appendix, and + includes the calculations of the producer related to the + labor value content requirements; and + (ii) has information on record to support those + calculations. + (B) Implementation.--For purposes of meeting the + requirements under subparagraph (A)-- + (i) the Secretary of Labor, in consultation with the + Commissioner, shall ensure that the certification of a + producer under subparagraph (A)(i) does not contain + omissions or errors before the certification is considered + properly filed; and + (ii) a calculation described in subparagraph (A)(i) + based on a producer's preceding fiscal or calendar year is + valid for the producer's subsequent fiscal or calendar + year, as the case may be, as set forth in articles 7 and 8 + of the automotive appendix. + (C) Regulations required.--The Secretary of the Treasury, + in consultation with the Secretary of Labor, shall prescribe + regulations to carry out this paragraph, including regulations + setting forth the procedures and requirements for a producer of + covered vehicles to establish that the producer meets the labor + value content requirements for preferential tariff treatment. + (2) Certification relating to steel and aluminum purchase + requirements.-- + (A) In general.--A covered vehicle shall be eligible for + preferential tariff treatment only if the producer of the + covered vehicle-- + (i) provides a certification to the Commissioner that + the production of covered vehicles by the producer meets + the steel and aluminum purchase requirements set forth in + article 6 of the automotive appendix or, if the producer is + subject to the alternative staging regime, articles 6 and 8 + of that appendix; and + (ii) has information on record to support the + calculations relied on for the certification. + (B) Implementation.--For purposes of meeting the + requirements under subparagraph (A)-- + (i) the Commissioner shall ensure that the + certification of a producer under subparagraph (A)(i) does + not contain omissions or errors before the certification is + considered properly filed; and + (ii) a calculation described in subparagraph (A)(ii) + based on a producer's preceding fiscal or calendar year is + valid for the producer's subsequent fiscal or calendar + year, as the case may be, as set forth in articles 6 and 8 + of the automotive appendix. + (C) Regulations required.--The Secretary of the Treasury + shall prescribe regulations to carry out this paragraph, + including regulations setting forth the procedures and + requirements for a producer of covered vehicles to establish + that the producer meets the steel and aluminum purchase + requirements for preferential tariff treatment. (d) Alternative Staging Regime.-- - (1) Publication of requirements.--Not later than 90 days - after the date of the enactment of this Act, the Trade + (1) Publication of requirements.--Not later than 90 days after + the date of the enactment of this Act, the Trade Representative, in + consultation with the interagency committee, shall publish in the + Federal Register requirements, procedures, and guidance required to + implement the alternative staging regime, including with respect to + the following: + (A) The procedures, calculation methodology, timeframe, + specific regional value content thresholds, and other minimum + requirements, consistent with article 8 of the automotive + appendix, with which a producer of covered vehicles subject to + the alternative staging regime is required to comply during the + alternative staging regime period for such vehicles to be + eligible for preferential tariff treatment pursuant to the + alternative staging regime. + (B) The date by which requests for the alternative staging + regime are required to be submitted. + (C) The information a producer of passenger vehicles or + light trucks is required to provide, in the producer's request + to use the alternative staging regime, to demonstrate the + actions that the producer will take to be prepared to meet all + the requirements set forth in articles 2 through 7 of the + automotive appendix after the alternative staging regime period + has expired, including the following: + (i) A statement identifying which of the requirements + set forth in articles 2 through 7 of the automotive + appendix that the producer expects it will be unable to + meet upon entry into force of the USMCA based on current + business plans. + (ii) A statement indicating whether the passenger + vehicles or light trucks for which the producer seeks to + use the alternative staging regime account for 10 percent + or less, or more than 10 percent, of the total production + of passenger vehicles or light trucks, as the case may be, + in USMCA countries by the producer during the 12-month + period preceding the date on which the USMCA enters into + force, or the average of such production during the 36- + month period preceding that date, whichever is greater. + (iii) In the case of a producer that seeks to use the + alternative staging regime for more than 10 percent of the + producer's total production of passenger vehicles or light + trucks, as the case may be, in USMCA countries-- + + (I) a detailed and credible plan describing with + specificity the actions the producer intends to take to + bring production of the passenger vehicles or light + trucks, as the case may be, into compliance with the + requirements set forth in articles 2 through 7 of the + automotive appendix after the alternative staging + regime period expires; and + (II) a statement indicating the time period for + which the producer is requesting to use the alternative + staging regime, if that time period is greater than 5 + years after the USMCA enters into force. + + (D) The procedures for accepting and reviewing requests for + the alternative staging regime, including that the Trade + Representative will-- + (i) notify a producer of any deficiencies in the + request of the producer that would result in a denial of + the request not later than 30 days after the request is + submitted; and + (ii) provide producers the opportunity to submit + supplemental information. + (E) The criteria the Trade Representative, in consultation + with the interagency committee, will consider when determining + whether to approve a request for the alternative staging + regime. Such criteria shall only include elements necessary for + the producer to demonstrate the producer's ability to meet the + requirements specified in subparagraphs (A) and (B). The + criteria shall also describe the information to meet those + requirements in sufficient detail to allow the producer to + identify the information necessary to complete a request for + the alternative staging regime. + (F) The opportunity for a producer described in + subparagraph (C)(iii) to modify the producer's request for the + alternative staging regime. + (2) Review of requests for alternative staging regime.-- + (A) In general.--In reviewing the request of a producer of + passenger vehicles or light trucks for the alternative staging + regime, the Trade Representative, in consultation with the + interagency committee, shall determine-- + (i) whether the request covers 10 percent or less, or + more than 10 percent, of the production of passenger + vehicles or light trucks in USMCA countries by the + producer; and + (ii) whether the producer has identified with + specificity which of the requirements set forth in articles + 2 through 7 of the automotive appendix the producer is + unable to meet based on current business plans. + (B) Approval of alternative staging regime for passenger + vehicle or light truck production not exceeding 10 percent of + north american production.--The Trade Representative shall + authorize the use of the alternative staging regime if the + Trade Representative, in consultation with the interagency + committee, determines that-- + (i) the request for the alternative staging regime + covers passenger vehicles or light trucks that do not + exceed 10 percent of the production of passenger vehicles + or lights trucks, as the case may be, in USMCA countries by + the producer; and + (ii) the producer has identified with specificity which + of the requirements set forth in articles 2 through 7 of + the automotive appendix the producer is unable to meet + based on current business plans. + (C) Approval of alternative staging regime for passenger + vehicle or light truck production exceeding 10 percent of north + american production.--The Trade Representative shall authorize + the use of the alternative staging regime if the Trade Representative, in consultation with the interagency committee, - shall publish in the Federal Register requirements, procedures, - and guidance required to implement the alternative staging - regime, including with respect to the following: - (A) The procedures, calculation methodology, - timeframe, specific regional value content thresholds, - and other minimum requirements, consistent with article - 8 of the automotive appendix, with which a producer of - covered vehicles subject to the alternative staging - regime is required to comply during the alternative - staging regime period for such vehicles to be eligible - for preferential tariff treatment pursuant to the - alternative staging regime. - (B) The date by which requests for the alternative - staging regime are required to be submitted. - (C) The information a producer of passenger - vehicles or light trucks is required to provide, in the - producer's request to use the alternative staging - regime, to demonstrate the actions that the producer - will take to be prepared to meet all the requirements - set forth in articles 2 through 7 of the automotive - appendix after the alternative staging regime period - has expired, including the following: - (i) A statement identifying which of the - requirements set forth in articles 2 through 7 - of the automotive appendix that the producer - expects it will be unable to meet upon entry - into force of the USMCA based on current - business plans. - (ii) A statement indicating whether the - passenger vehicles or light trucks for which - the producer seeks to use the alternative - staging regime account for 10 percent or less, - or more than 10 percent, of the total - production of passenger vehicles or light - trucks, as the case may be, in USMCA countries - by the producer during the 12-month period - preceding the date on which the USMCA enters - into force, or the average of such production - during the 36-month period preceding that date, - whichever is greater. - (iii) In the case of a producer that seeks - to use the alternative staging regime for more - than 10 percent of the producer's total - production of passenger vehicles or light - trucks, as the case may be, in USMCA - countries-- - (I) a detailed and credible plan - describing with specificity the actions - the producer intends to take to bring - production of the passenger vehicles or - light trucks, as the case may be, into - compliance with the requirements set - forth in articles 2 through 7 of the - automotive appendix after the - alternative staging regime period - expires; and - (II) a statement indicating the - time period for which the producer is - requesting to use the alternative - staging regime, if that time period is - greater than 5 years after the USMCA - enters into force. - (D) The procedures for accepting and reviewing - requests for the alternative staging regime, including - that the Trade Representative will-- - (i) notify a producer of any deficiencies - in the request of the producer that would - result in a denial of the request not later - than 30 days after the request is submitted; - and - (ii) provide producers the opportunity to - submit supplemental information. - (E) The criteria the Trade Representative, in - consultation with the interagency committee, will - consider when determining whether to approve a request - for the alternative staging regime. Such criteria shall - only include elements necessary for the producer to - demonstrate the producer's ability to meet the - requirements specified in subparagraphs (A) and (B). - The criteria shall also describe the information to - meet those requirements in sufficient detail to allow - the producer to identify the information necessary to - complete a request for the alternative staging regime. - (F) The opportunity for a producer described in - subparagraph (C)(iii) to modify the producer's request - for the alternative staging regime. - (2) Review of requests for alternative staging regime.-- - (A) In general.--In reviewing the request of a - producer of passenger vehicles or light trucks for the - alternative staging regime, the Trade Representative, - in consultation with the interagency committee, shall - determine-- - (i) whether the request covers 10 percent - or less, or more than 10 percent, of the - production of passenger vehicles or light - trucks in USMCA countries by the producer; and - (ii) whether the producer has identified - with specificity which of the requirements set - forth in articles 2 through 7 of the automotive - appendix the producer is unable to meet based - on current business plans. - (B) Approval of alternative staging regime for - passenger vehicle or light truck production not - exceeding 10 percent of north american production.--The - Trade Representative shall authorize the use of the - alternative staging regime if the Trade Representative, - in consultation with the interagency committee, - determines that-- - (i) the request for the alternative staging - regime covers passenger vehicles or light - trucks that do not exceed 10 percent of the - production of passenger vehicles or lights - trucks, as the case may be, in USMCA countries - by the producer; and - (ii) the producer has identified with - specificity which of the requirements set forth - in articles 2 through 7 of the automotive - appendix the producer is unable to meet based - on current business plans. - (C) Approval of alternative staging regime for - passenger vehicle or light truck production exceeding - 10 percent of north american production.--The Trade - Representative shall authorize the use of the - alternative staging regime if the Trade Representative, - in consultation with the interagency committee, - determines that-- - (i) the request for the alternative staging - regime covers more than 10 percent of the - production of passenger vehicles or lights - trucks, as the case may be, in USMCA countries - by the producer; - (ii) the producer has identified with - specificity which of the requirements set forth - in articles 2 through 7 of the automotive - appendix the producer is unable to meet based - on current business plans; and - (iii) the detailed and credible plan of the - producer submitted under paragraph (1)(C)(iii) - is based on substantial evidence and reasonably - calculated to bring the production of the - passenger vehicles or light trucks, as the case - may be, into compliance with the requirements - set forth in articles 2 through 7 of the - automotive appendix after the alternative - staging regime period has expired. - (3) Procedures related to reviewing and approving - requests.-- - (A) Deadline for review.--Not later than 120 days - after receiving a request of a producer for the - alternative staging regime, the Trade Representative, - in consultation with the interagency committee, shall-- - (i) review the request; - (ii) make a determination with respect to - whether to authorize the use of the alternative - staging regime; and - (iii) provide to each producer a response - in writing stating whether the producer may use - the alternative staging regime. - (B) Establishment of a public list.--The Trade - Representative shall maintain, and update as necessary, - a public list of the producers of covered vehicles that - have been authorized to use the alternative staging - regime. - (C) Reporting.--Before a determination is made with - respect to whether to authorize the use of the - alternative staging regime, the Trade Representative - shall provide to the appropriate congressional - committees a summary of requests for the alternative - staging regime. - (4) Alternative staging regime review and modification.-- - (A) Material changes to circumstances.-- - (i) Notification.--If the request of a - producer to use the alternative staging regime - for more than 10 percent of the total - production of passenger vehicles or light - trucks, as the case may be, in USMCA countries - by the producer has been granted, the producer - shall notify the Trade Representative and the - interagency committee of any material changes - to the information contained in the request, - including any supplemental information relating - to that request, and of any material changes to - circumstances, that will affect the producer's - ability to meet any of the requirements set - forth in articles 2 through 7 of the automotive - appendix after the alternative staging regime - period has expired. - (ii) Requests for modification of plans.-- - (I) In general.--A producer that - submits a notification under clause (i) - with respect to a change described in - that clause may submit to the Trade - Representative and the interagency - committee a request for modification of - its plan. - (II) Determination regarding - modification.--Not later than 90 days - after receiving a request submitted - under subclause (I), the Trade - Representative, in consultation with - the interagency committee, shall-- - (aa) review the request; - (bb) make a determination - with respect to whether the - modified plan is based on - substantial evidence and - reasonably calculated to ensure - that the producer will still be - able to meet the requirements - set forth in articles 2 through - 7 of the automotive appendix - after the alternative staging - regime period has expired; - (cc) if the Trade - Representative makes an - affirmative determination under - item (bb), approve the modified - plan; and - (dd) notify the producer in - writing of the determination. - (iii) Inability to meet requirements.--If - the Trade Representative, in consultation with - the interagency committee, determines that the - information provided by a producer under clause - (i) demonstrates that the producer will no - longer be able to meet the requirements set - forth in articles 2 through 7 of the automotive - appendix after the alternative staging regime - period has expired, the Trade Representative - shall notify the producer in writing, and no - claim for preferential tariff treatment may be - made, on or after the date of the - determination, with respect to a covered - vehicle of the producer pursuant to the - alternative staging regime. - (5) Failure to meet requirements for alternative staging - regime.-- - (A) In general.--If, at any time, the Trade - Representative, in consultation with the interagency - committee, makes a determination described in - subparagraph (B) with respect to a producer of covered - vehicles subject to the alternative staging regime-- - (i) any claim for preferential tariff - treatment under the alternative staging regime - for any covered vehicle of that producer shall - be considered invalid; and - (ii) notwithstanding the finality of a - liquidation of an entry, the importer of any - covered vehicle of that producer shall be - liable for the duties, taxes, and fees that - would have been applicable to that vehicle if - preferential tariff treatment pursuant to the - alternative staging regime had not applied when - the vehicle was entered for consumption, or - withdrawn from warehouse for consumption, plus - interest assessed on or after the date of entry - and before the date of the determination. - (B) Determination described.--A determination - described in this subparagraph is a determination that - a producer of covered vehicles subject to the - alternative staging regime-- - (i) has failed to take the steps set forth - in the producer's request for the alternative - staging regime and, as a result of that - failure, the producer will no longer be able to - meet the requirements set forth in articles 2 - through 7 of the automotive appendix after the - alternative staging regime period has expired; - (ii) has provided false or misleading - information in the producer's request; or - (iii) in the case of a producer authorized - to use the alternative staging regime for more - than 10 percent of the total production of - passenger vehicles or light trucks in USMCA - countries by the producer, has failed to notify - the Trade Representative under paragraph (4)(A) - of material changes to circumstances that will - prevent the producer from meeting any of the - requirements set forth in articles 2 through 7 - of the automotive appendix after the - alternative staging regime period has expired. + determines that-- + (i) the request for the alternative staging regime + covers more than 10 percent of the production of passenger + vehicles or lights trucks, as the case may be, in USMCA + countries by the producer; + (ii) the producer has identified with specificity which + of the requirements set forth in articles 2 through 7 of + the automotive appendix the producer is unable to meet + based on current business plans; and + (iii) the detailed and credible plan of the producer + submitted under paragraph (1)(C)(iii) is based on + substantial evidence and reasonably calculated to bring the + production of the passenger vehicles or light trucks, as + the case may be, into compliance with the requirements set + forth in articles 2 through 7 of the automotive appendix + after the alternative staging regime period has expired. + (3) Procedures related to reviewing and approving requests.-- + (A) Deadline for review.--Not later than 120 days after + receiving a request of a producer for the alternative staging + regime, the Trade Representative, in consultation with the + interagency committee, shall-- + (i) review the request; + (ii) make a determination with respect to whether to + authorize the use of the alternative staging regime; and + (iii) provide to each producer a response in writing + stating whether the producer may use the alternative + staging regime. + (B) Establishment of a public list.--The Trade + Representative shall maintain, and update as necessary, a + public list of the producers of covered vehicles that have been + authorized to use the alternative staging regime. + (C) Reporting.--Before a determination is made with respect + to whether to authorize the use of the alternative staging + regime, the Trade Representative shall provide to the + appropriate congressional committees a summary of requests for + the alternative staging regime. + (4) Alternative staging regime review and modification.-- + (A) Material changes to circumstances.-- + (i) Notification.--If the request of a producer to use + the alternative staging regime for more than 10 percent of + the total production of passenger vehicles or light trucks, + as the case may be, in USMCA countries by the producer has + been granted, the producer shall notify the Trade + Representative and the interagency committee of any + material changes to the information contained in the + request, including any supplemental information relating to + that request, and of any material changes to circumstances, + that will affect the producer's ability to meet any of the + requirements set forth in articles 2 through 7 of the + automotive appendix after the alternative staging regime + period has expired. + (ii) Requests for modification of plans.-- + + (I) In general.--A producer that submits a + notification under clause (i) with respect to a change + described in that clause may submit to the Trade + Representative and the interagency committee a request + for modification of its plan. + (II) Determination regarding modification.--Not + later than 90 days after receiving a request submitted + under subclause (I), the Trade Representative, in + consultation with the interagency committee, shall-- + + (aa) review the request; + (bb) make a determination with respect to + whether the modified plan is based on substantial + evidence and reasonably calculated to ensure that + the producer will still be able to meet the + requirements set forth in articles 2 through 7 of + the automotive appendix after the alternative + staging regime period has expired; + (cc) if the Trade Representative makes an + affirmative determination under item (bb), approve + the modified plan; and + (dd) notify the producer in writing of the + determination. + (iii) Inability to meet requirements.--If the Trade + Representative, in consultation with the interagency + committee, determines that the information provided by a + producer under clause (i) demonstrates that the producer + will no longer be able to meet the requirements set forth + in articles 2 through 7 of the automotive appendix after + the alternative staging regime period has expired, the + Trade Representative shall notify the producer in writing, + and no claim for preferential tariff treatment may be made, + on or after the date of the determination, with respect to + a covered vehicle of the producer pursuant to the + alternative staging regime. + (5) Failure to meet requirements for alternative staging + regime.-- + (A) In general.--If, at any time, the Trade Representative, + in consultation with the interagency committee, makes a + determination described in subparagraph (B) with respect to a + producer of covered vehicles subject to the alternative staging + regime-- + (i) any claim for preferential tariff treatment under + the alternative staging regime for any covered vehicle of + that producer shall be considered invalid; and + (ii) notwithstanding the finality of a liquidation of + an entry, the importer of any covered vehicle of that + producer shall be liable for the duties, taxes, and fees + that would have been applicable to that vehicle if + preferential tariff treatment pursuant to the alternative + staging regime had not applied when the vehicle was entered + for consumption, or withdrawn from warehouse for + consumption, plus interest assessed on or after the date of + entry and before the date of the determination. + (B) Determination described.--A determination described in + this subparagraph is a determination that a producer of covered + vehicles subject to the alternative staging regime-- + (i) has failed to take the steps set forth in the + producer's request for the alternative staging regime and, + as a result of that failure, the producer will no longer be + able to meet the requirements set forth in articles 2 + through 7 of the automotive appendix after the alternative + staging regime period has expired; + (ii) has provided false or misleading information in + the producer's request; or + (iii) in the case of a producer authorized to use the + alternative staging regime for more than 10 percent of the + total production of passenger vehicles or light trucks in + USMCA countries by the producer, has failed to notify the + Trade Representative under paragraph (4)(A) of material + changes to circumstances that will prevent the producer + from meeting any of the requirements set forth in articles + 2 through 7 of the automotive appendix after the + alternative staging regime period has expired. (e) Verification of Labor Value Content Requirements.-- - (1) In general.--As part of a verification conducted under - section 207, the Secretary of the Treasury, in conjunction with - the Secretary of Labor, may conduct a verification of whether a - covered vehicle complies with the labor value content - requirements set forth in article 7 of the automotive appendix - or, if the producer is subject to the alternative staging - regime under subsection (d), articles 7 and 8 of that appendix. - (2) Role of secretary of labor.--In cooperation with the - Secretary of the Treasury, the Secretary of Labor shall - participate in any verification conducted under paragraph (1) - by verifying whether the production of covered vehicles by a - producer meets the high-wage components of the labor value - content requirements, including the wage component of the high- - wage material and manufacturing expenditures, the high-wage - technology expenditures, and the high-wage assembly - expenditures, within the meaning given those terms in article 7 - of that appendix. - (3) Role of secretary of the treasury.--The Secretary of - the Treasury shall participate in any verification conducted - under paragraph (1) by verifying-- - (A) the components of the labor value content - requirements not covered by paragraph (2), including - the annual purchase value and cost components of the - high-wage material and manufacturing expenditures, - within the meaning given those terms in article 7 of - that appendix; and - (B) whether the producer has met the labor value - content requirements. - (4) Actions by secretary of labor.-- - (A) In general.--In participating in a verification - conducted under paragraph (1), the Secretary of Labor - shall assist the Secretary of the Treasury to do the - following: - (i) Examine, or cause to be examined, upon - reasonable notice, any record (including any - statement, declaration, document, or - electronically generated or machine readable - data) described in the notice with reasonable - specificity. - (ii) Request information from any officer, - employee, or agent of a producer of automotive - goods, as necessary, that may be relevant with - respect to whether the production of covered - vehicles meets the high-wage components of the - labor value content requirements set forth in - article 7 of the automotive appendix or, if the - producer is subject to the alternative staging - regime under subsection (d), articles 7 and 8 - of that appendix. - (B) Nature of information requested.--Records and - information that may be examined or requested under - subparagraph (A) may relate to wages, hours, job - responsibilities, and other information in any plant or - facility relied on by a producer of covered vehicles to - demonstrate that the production of such vehicles by the - producer meets the labor value content requirements set - forth in article 7 of the automotive appendix or, if - the producer is subject to the alternative staging - regime under subsection (d), articles 7 and 8 of that - appendix. - (5) Whistleblower protections.-- - (A) Unlawful acts.--It is unlawful to intimidate, - threaten, restrain, coerce, blacklist, discharge, or in - any other manner discriminate against any person for-- - (i) disclosing information to a Federal - agency or to any person relating to a - verification under this subsection; or - (ii) cooperating or seeking to cooperate in - a verification under this subsection. - (B) Enforcement.--The Secretary of the Treasury and - the Secretary of Labor are authorized to take such - actions under existing law, including imposing - appropriate penalties and seeking appropriate - injunctive relief, as may be necessary to ensure - compliance with this subsection and as provided for in - existing regulations. - (6) Protests of decisions of u.s. customs and border - protection.-- - (A) In general.--If a protest under section 514 of - the Tariff Act of 1930 (19 U.S.C. 1514) of a decision - of U.S. Customs and Border Protection with respect to - the eligibility for preferential tariff treatment of a - covered vehicle relates to the analysis of the - Department of Labor relating to the high-wage - components of the labor value content requirements - described in paragraph (1), the Secretary of Labor - shall-- - (i) conduct an administrative review of the - portion of the decision relating to such - requirements; and - (ii) provide the results of that review to - the Commissioner. - (B) No accelerated disposition.--An importer may - not request the accelerated disposition under section - 515(b) of the Tariff Act of 1930 (19 U.S.C. 1515(b)) of - a protest against a decision of the Commissioner - described in subparagraph (A). + (1) In general.--As part of a verification conducted under + section 207, the Secretary of the Treasury, in conjunction with the + Secretary of Labor, may conduct a verification of whether a covered + vehicle complies with the labor value content requirements set + forth in article 7 of the automotive appendix or, if the producer + is subject to the alternative staging regime under subsection (d), + articles 7 and 8 of that appendix. + (2) Role of secretary of labor.--In cooperation with the + Secretary of the Treasury, the Secretary of Labor shall participate + in any verification conducted under paragraph (1) by verifying + whether the production of covered vehicles by a producer meets the + high-wage components of the labor value content requirements, + including the wage component of the high-wage material and + manufacturing expenditures, the high-wage technology expenditures, + and the high-wage assembly expenditures, within the meaning given + those terms in article 7 of that appendix. + (3) Role of secretary of the treasury.--The Secretary of the + Treasury shall participate in any verification conducted under + paragraph (1) by verifying-- + (A) the components of the labor value content requirements + not covered by paragraph (2), including the annual purchase + value and cost components of the high-wage material and + manufacturing expenditures, within the meaning given those + terms in article 7 of that appendix; and + (B) whether the producer has met the labor value content + requirements. + (4) Actions by secretary of labor.-- + (A) In general.--In participating in a verification + conducted under paragraph (1), the Secretary of Labor shall + assist the Secretary of the Treasury to do the following: + (i) Examine, or cause to be examined, upon reasonable + notice, any record (including any statement, declaration, + document, or electronically generated or machine readable + data) described in the notice with reasonable specificity. + (ii) Request information from any officer, employee, or + agent of a producer of automotive goods, as necessary, that + may be relevant with respect to whether the production of + covered vehicles meets the high-wage components of the + labor value content requirements set forth in article 7 of + the automotive appendix or, if the producer is subject to + the alternative staging regime under subsection (d), + articles 7 and 8 of that appendix. + (B) Nature of information requested.--Records and + information that may be examined or requested under + subparagraph (A) may relate to wages, hours, job + responsibilities, and other information in any plant or + facility relied on by a producer of covered vehicles to + demonstrate that the production of such vehicles by the + producer meets the labor value content requirements set forth + in article 7 of the automotive appendix or, if the producer is + subject to the alternative staging regime under subsection (d), + articles 7 and 8 of that appendix. + (5) Whistleblower protections.-- + (A) Unlawful acts.--It is unlawful to intimidate, threaten, + restrain, coerce, blacklist, discharge, or in any other manner + discriminate against any person for-- + (i) disclosing information to a Federal agency or to + any person relating to a verification under this + subsection; or + (ii) cooperating or seeking to cooperate in a + verification under this subsection. + (B) Enforcement.--The Secretary of the Treasury and the + Secretary of Labor are authorized to take such actions under + existing law, including imposing appropriate penalties and + seeking appropriate injunctive relief, as may be necessary to + ensure compliance with this subsection and as provided for in + existing regulations. + (6) Protests of decisions of u.s. customs and border + protection.-- + (A) In general.--If a protest under section 514 of the + Tariff Act of 1930 (19 U.S.C. 1514) of a decision of U.S. + Customs and Border Protection with respect to the eligibility + for preferential tariff treatment of a covered vehicle relates + to the analysis of the Department of Labor relating to the + high-wage components of the labor value content requirements + described in paragraph (1), the Secretary of Labor shall-- + (i) conduct an administrative review of the portion of + the decision relating to such requirements; and + (ii) provide the results of that review to the + Commissioner. + (B) No accelerated disposition.--An importer may not + request the accelerated disposition under section 515(b) of the + Tariff Act of 1930 (19 U.S.C. 1515(b)) of a protest against a + decision of the Commissioner described in subparagraph (A). (f) Administration by Department of Labor.--The Secretary of Labor is authorized to establish or designate an office within the Department of Labor to carry out the provisions of this section for which the Department is responsible. (g) Review and Reports.-- - (1) Periodic review on automotive rules of origin.-- - (A) In general.--The Trade Representative, in - consultation with the interagency committee, shall - conduct a biennial review of the operation of the USMCA - with respect to trade in automotive goods, including-- - (i) to the extent practicable, a summary of - actions taken by producers to demonstrate - compliance with the automotive rules of origin, - use of the alternative staging regime, - enforcement of such rules of origin, and other - relevant matters; and - (ii) whether the automotive rules of origin - are effective and relevant in light of new - technology and changes in the content, - production processes, and character of - automotive goods. - (B) Report.-- - (i) In general.--The Trade Representative - shall submit to the appropriate congressional - committees a report on each review conducted - under subparagraph (A). - (ii) Initial report.--The first report - required under clause (i) shall be submitted - not later than 2 years after the date on which - the USMCA enters into force. - (iii) Termination of reporting - requirement.--The requirement to submit reports - under clause (i) shall terminate on the date - that is 10 years after the date on which the - USMCA enters into force. - (2) Report by international trade commission.--Not later - than 1 year after the submission of the first report required - by paragraph (1)(B), and every 2 years thereafter until the - date that is 12 years after the date on which the USMCA enters - into force, the International Trade Commission shall submit to - the appropriate congressional committees and the President a - report on-- - (A) the economic impact of the automotive rules of - origin on-- - (i) the gross domestic product of the - United States; - (ii) exports from and imports into the - United States; - (iii) aggregate employment and employment - opportunities in the United States; - (iv) production, investment, use of - productive facilities, and profit levels in the - automotive industries and other pertinent - industries in the United States affected by the - automotive rules of origin; - (v) wages and employment of workers in the - automotive sector in the United States; and - (vi) the interests of consumers in the - United States; - (B) the operation of the automotive rules of origin - and their effects on the competitiveness of the United - States with respect to production and trade in - automotive goods, taking into account developments in - technology, production processes, or other related - matters; - (C) whether the automotive rules of origin are - relevant in light of technological changes in the - United States; and - (D) such other matters as the International Trade - Commission considers relevant to the economic impact of - the automotive rules of origin, including prices, - sales, inventories, patterns of demand, capital - investment, obsolescence of equipment, and - diversification of production in the United States. - (3) Report by comptroller general.--Not later than 4 years - after the date on which the USMCA enters into force, the - Comptroller General of the United States shall submit to the - Committee on Appropriations and the Committee on Ways and Means - of the House of Representatives and the Committee on - Appropriations and the Committee on Finance of the Senate a - report assessing the effectiveness of United States Government - interagency coordination on implementation, enforcement, and - verification of the automotive rules of origin and the customs - procedures of the USMCA with respect to automotive goods. - (4) Public participation.--Before submitting a report under - paragraph (1)(B) or (2), the agency responsible for the report - shall-- - (A) solicit information relating to matters that - will be addressed in the report from producers of - automotive goods, labor organizations, and other - interested parties; - (B) provide for an opportunity for the submission - of comments, orally or in writing, from members of the - public relating to such matters; and - (C) after submitting the report, post a version of - the report appropriate for public viewing on a publicly - available internet website for the agency. + (1) Periodic review on automotive rules of origin.-- + (A) In general.--The Trade Representative, in consultation + with the interagency committee, shall conduct a biennial review + of the operation of the USMCA with respect to trade in + automotive goods, including-- + (i) to the extent practicable, a summary of actions + taken by producers to demonstrate compliance with the + automotive rules of origin, use of the alternative staging + regime, enforcement of such rules of origin, and other + relevant matters; and + (ii) whether the automotive rules of origin are + effective and relevant in light of new technology and + changes in the content, production processes, and character + of automotive goods. + (B) Report.-- + (i) In general.--The Trade Representative shall submit + to the appropriate congressional committees a report on + each review conducted under subparagraph (A). + (ii) Initial report.--The first report required under + clause (i) shall be submitted not later than 2 years after + the date on which the USMCA enters into force. + (iii) Termination of reporting requirement.--The + requirement to submit reports under clause (i) shall + terminate on the date that is 10 years after the date on + which the USMCA enters into force. + (2) Report by international trade commission.--Not later than 1 + year after the submission of the first report required by paragraph + (1)(B), and every 2 years thereafter until the date that is 12 + years after the date on which the USMCA enters into force, the + International Trade Commission shall submit to the appropriate + congressional committees and the President a report on-- + (A) the economic impact of the automotive rules of origin + on-- + (i) the gross domestic product of the United States; + (ii) exports from and imports into the United States; + (iii) aggregate employment and employment opportunities + in the United States; + (iv) production, investment, use of productive + facilities, and profit levels in the automotive industries + and other pertinent industries in the United States + affected by the automotive rules of origin; + (v) wages and employment of workers in the automotive + sector in the United States; and + (vi) the interests of consumers in the United States; + (B) the operation of the automotive rules of origin and + their effects on the competitiveness of the United States with + respect to production and trade in automotive goods, taking + into account developments in technology, production processes, + or other related matters; + (C) whether the automotive rules of origin are relevant in + light of technological changes in the United States; and + (D) such other matters as the International Trade + Commission considers relevant to the economic impact of the + automotive rules of origin, including prices, sales, + inventories, patterns of demand, capital investment, + obsolescence of equipment, and diversification of production in + the United States. + (3) Report by comptroller general.--Not later than 4 years + after the date on which the USMCA enters into force, the + Comptroller General of the United States shall submit to the + Committee on Appropriations and the Committee on Ways and Means of + the House of Representatives and the Committee on Appropriations + and the Committee on Finance of the Senate a report assessing the + effectiveness of United States Government interagency coordination + on implementation, enforcement, and verification of the automotive + rules of origin and the customs procedures of the USMCA with + respect to automotive goods. + (4) Public participation.--Before submitting a report under + paragraph (1)(B) or (2), the agency responsible for the report + shall-- + (A) solicit information relating to matters that will be + addressed in the report from producers of automotive goods, + labor organizations, and other interested parties; + (B) provide for an opportunity for the submission of + comments, orally or in writing, from members of the public + relating to such matters; and + (C) after submitting the report, post a version of the + report appropriate for public viewing on a publicly available + internet website for the agency. (h) Effective Date.--This section shall-- - (1) take effect on the date of the enactment of this Act; - and - (2) apply with respect to goods entered, or withdrawn from - warehouse for consumption, on or after the date on which the - USMCA enters into force. - -SEC. 203. MERCHANDISE PROCESSING FEE. - + (1) take effect on the date of the enactment of this Act; and + (2) apply with respect to goods entered, or withdrawn from + warehouse for consumption, on or after the date on which the USMCA + enters into force. + SEC. 203. MERCHANDISE PROCESSING FEE. (a) In General.--Section 13031(b)(10) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)) is amended by striking subparagraph (B) and inserting the following: @@ -2027,98 +1835,89 @@ which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.''. (b) Effective Date.-- - (1) In general.--The amendment made by subsection (a) - shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to a good entered or - released on or after that date. - (2) Transition from nafta treatment.--In the case of a good - entered or released before the date on which the USMCA enters - into force-- - (A) the amendments made by subsection (a) to - section 13031(b)(10)(B) of the Consolidated Omnibus - Budget Reconciliation Act of 1985 (19 U.S.C. - 58c(b)(10)(B)) shall not apply with respect to the - good; and - (B) section 13031(b)(10)(B) of such Act, as in - effect on the day before that date, shall continue to - apply on and after that date with respect to the good. - (3) Entered or released defined.--In this subsection, the - term ``entered or released'' has the meaning given that term in - section 13031(b)(8)(E) of the Consolidated Omnibus Budget - Reconciliation Act of 1985 (19 U.S.C. 58c(b)(8)(E)). - -SEC. 204. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF - ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT. - + (1) In general.--The amendment made by subsection (a) shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to a good entered or released on or + after that date. + (2) Transition from nafta treatment.--In the case of a good + entered or released before the date on which the USMCA enters into + force-- + (A) the amendments made by subsection (a) to section + 13031(b)(10)(B) of the Consolidated Omnibus Budget + Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)(B)) shall not + apply with respect to the good; and + (B) section 13031(b)(10)(B) of such Act, as in effect on + the day before that date, shall continue to apply on and after + that date with respect to the good. + (3) Entered or released defined.--In this subsection, the term + ``entered or released'' has the meaning given that term in section + 13031(b)(8)(E) of the Consolidated Omnibus Budget Reconciliation + Act of 1985 (19 U.S.C. 58c(b)(8)(E)). + SEC. 204. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS + OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT. (a) Disclosure of Incorrect Information.--Section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) is amended-- - (1) in subsection (c), by striking paragraph (5) and - inserting the following: - ``(5) Prior disclosure regarding claims under the usmca.-- - An importer shall not be subject to penalties under subsection - (a) for making an incorrect claim that a good qualifies as an - originating good under section 202 of the United States-Mexico- - Canada Agreement Implementation Act if the importer, in - accordance with regulations prescribed by the Secretary of the - Treasury, promptly makes a corrected declaration and pays any - duties owing with respect to that good.''; and - (2) by striking subsection (f) and inserting the following: + (1) in subsection (c), by striking paragraph (5) and inserting + the following: + ``(5) Prior disclosure regarding claims under the usmca.--An + importer shall not be subject to penalties under subsection (a) for + making an incorrect claim that a good qualifies as an originating + good under section 202 of the United States-Mexico-Canada Agreement + Implementation Act if the importer, in accordance with regulations + prescribed by the Secretary of the Treasury, promptly makes a + corrected declaration and pays any duties owing with respect to + that good.''; and + (2) by striking subsection (f) and inserting the following: ``(f) False Certifications of Origin Under the USMCA.-- - ``(1) In general.--Subject to paragraph (2), it is unlawful - for any person to certify falsely, by fraud, gross negligence, - or negligence, in a USMCA certification of origin (as such term - is defined in section 508 of this Act) that a good exported - from the United States qualifies as an originating good under - the rules of origin provided for in section 202 of the United - States-Mexico-Canada Agreement Implementation Act. The - procedures and penalties of this section that apply to a - violation of subsection (a) also apply to a violation of this - subsection. - ``(2) Prompt and voluntary disclosure of incorrect - information.--No penalty shall be imposed under this subsection - if, promptly after an exporter or producer that issued a USMCA - certification of origin has reason to believe that such - certification contains or is based on incorrect information, - the exporter or producer voluntarily provides written notice of - such incorrect information to every person to whom the - certification was issued. - ``(3) Exception.--A person shall not be considered to have - violated paragraph (1) if-- - ``(A) the information was correct at the time it - was provided in a USMCA certification of origin but was - later rendered incorrect due to a change in - circumstances; and - ``(B) the person promptly and voluntarily provides - written notice of the change in circumstances to all - persons to whom the person provided the - certification.''. + ``(1) In general.--Subject to paragraph (2), it is unlawful for + any person to certify falsely, by fraud, gross negligence, or + negligence, in a USMCA certification of origin (as such term is + defined in section 508 of this Act) that a good exported from the + United States qualifies as an originating good under the rules of + origin provided for in section 202 of the United States-Mexico- + Canada Agreement Implementation Act. The procedures and penalties + of this section that apply to a violation of subsection (a) also + apply to a violation of this subsection. + ``(2) Prompt and voluntary disclosure of incorrect + information.--No penalty shall be imposed under this subsection if, + promptly after an exporter or producer that issued a USMCA + certification of origin has reason to believe that such + certification contains or is based on incorrect information, the + exporter or producer voluntarily provides written notice of such + incorrect information to every person to whom the certification was + issued. + ``(3) Exception.--A person shall not be considered to have + violated paragraph (1) if-- + ``(A) the information was correct at the time it was + provided in a USMCA certification of origin but was later + rendered incorrect due to a change in circumstances; and + ``(B) the person promptly and voluntarily provides written + notice of the change in circumstances to all persons to whom + the person provided the certification.''. (b) Denial of Preferential Tariff Treatment.--Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) is amended-- - (1) in subsection (b), by striking ``and article 1904'' and - all that follows through ``Free-Trade Agreement''; - (2) in subsection (c)-- - (A) in paragraph (1), in the matter following - subparagraph (D), by striking ``section 202 of the - North American Free Trade Agreement Implementation - Act'' and inserting ``section 202 of the United States- - Mexico-Canada Agreement Implementation Act''; and - (B) in paragraph (2)(E)-- - (i) by striking ``section 202 of the North - American Free Trade Agreement Implementation - Act'' and inserting ``section 202 of the United - States-Mexico-Canada Agreement Implementation - Act''; and - (ii) by striking ``NAFTA Certificate of - Origin'' and inserting ``USMCA certification of - origin (as such term is defined in section 508 - of this Act)''; - (3) in subsection (e), by striking ``section 202 of the - North American Free Trade Agreement Implementation Act'' and - inserting ``section 202 of the United States-Mexico-Canada - Agreement Implementation Act''; and - (4) by striking subsection (f) and inserting the following: + (1) in subsection (b), by striking ``and article 1904'' and all + that follows through ``Free-Trade Agreement''; + (2) in subsection (c)-- + (A) in paragraph (1), in the matter following subparagraph + (D), by striking ``section 202 of the North American Free Trade + Agreement Implementation Act'' and inserting ``section 202 of + the United States-Mexico-Canada Agreement Implementation Act''; + and + (B) in paragraph (2)(E)-- + (i) by striking ``section 202 of the North American + Free Trade Agreement Implementation Act'' and inserting + ``section 202 of the United States-Mexico-Canada Agreement + Implementation Act''; and + (ii) by striking ``NAFTA Certificate of Origin'' and + inserting ``USMCA certification of origin (as such term is + defined in section 508 of this Act)''; + (3) in subsection (e), by striking ``section 202 of the North + American Free Trade Agreement Implementation Act'' and inserting + ``section 202 of the United States-Mexico-Canada Agreement + Implementation Act''; and + (4) by striking subsection (f) and inserting the following: ``(f) Denial of Preferential Tariff Treatment Under the USMCA.--If U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement of the Department of Homeland Security finds indications of @@ -2134,397 +1933,347 @@ until U.S. Customs and Border Protection determines that representations of that person are in conformity with such section 202.''. (c) Effective Date.-- - (1) In general.--The amendments made by subsections (a) and - (b) shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to a good entered, or - exported from the United States, as the case may be, on - or after that date. - (2) Transition from nafta treatment.--In the case of a good - entered, or exported from the United States, as the case may - be, before the date on which the USMCA enters into force-- - (A) the amendments made by subsection (a) to - section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) - and the amendments made by subsection (b) to section - 514 of such Act (19 U.S.C. 1514) shall not apply with - respect to the good; and - (B) sections 592 and 514 of such Act, as in effect - on the day before that date, shall continue to apply on - and after that date with respect to the good. - (3) Entered defined.--In this subsection, the term - ``entered'' includes a withdrawal from warehouse for - consumption. - -SEC. 205. RELIQUIDATION OF ENTRIES. - + (1) In general.--The amendments made by subsections (a) and (b) + shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to a good entered, or exported from + the United States, as the case may be, on or after that date. + (2) Transition from nafta treatment.--In the case of a good + entered, or exported from the United States, as the case may be, + before the date on which the USMCA enters into force-- + (A) the amendments made by subsection (a) to section 592 of + the Tariff Act of 1930 (19 U.S.C. 1592) and the amendments made + by subsection (b) to section 514 of such Act (19 U.S.C. 1514) + shall not apply with respect to the good; and + (B) sections 592 and 514 of such Act, as in effect on the + day before that date, shall continue to apply on and after that + date with respect to the good. + (3) Entered defined.--In this subsection, the term ``entered'' + includes a withdrawal from warehouse for consumption. + SEC. 205. RELIQUIDATION OF ENTRIES. (a) In General.--Section 520(d) of the Tariff Act of 1930 (19 U.S.C. 1520(d)) is amended-- - (1) in the matter preceding paragraph (1)-- - (A) by striking ``section 202 of the North American - Free Trade Agreement Implementation Act,''; - (B) by striking ``, or section 203'' and inserting - ``, section 203''; and - (C) by striking ``for which'' and inserting ``, or - section 202 of the United States-Mexico-Canada - Agreement Implementation Act (except with respect to - any merchandise processing fees), for which''; and - (2) by striking paragraph (2) and inserting the following: - ``(2) copies of all applicable certificates or - certifications of origin; and''. + (1) in the matter preceding paragraph (1)-- + (A) by striking ``section 202 of the North American Free + Trade Agreement Implementation Act,''; + (B) by striking ``, or section 203'' and inserting ``, + section 203''; and + (C) by striking ``for which'' and inserting ``, or section + 202 of the United States-Mexico-Canada Agreement Implementation + Act (except with respect to any merchandise processing fees), + for which''; and + (2) by striking paragraph (2) and inserting the following: + ``(2) copies of all applicable certificates or certifications + of origin; and''. (b) Effective Date.-- - (1) In general.--The amendments made by subsection (a) - shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to a good entered for - consumption, or withdrawn from warehouse for - consumption, on or after that date. - (2) Transition from nafta treatment.--In the case of a good - entered for consumption, or withdrawn from warehouse for - consumption, before the date on which the USMCA enters into - force-- - (A) the amendments made by subsection (a) to - section 520(d) of the Tariff Act of 1930 (19 U.S.C. - 1520(d)) shall not apply with respect to the good; and - (B) section 520(d) of such Act, as in effect on the - day before that date, shall continue to apply on and - after that date with respect to the good. - -SEC. 206. RECORDKEEPING REQUIREMENTS. - + (1) In general.--The amendments made by subsection (a) shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to a good entered for consumption, + or withdrawn from warehouse for consumption, on or after that + date. + (2) Transition from nafta treatment.--In the case of a good + entered for consumption, or withdrawn from warehouse for + consumption, before the date on which the USMCA enters into force-- + (A) the amendments made by subsection (a) to section 520(d) + of the Tariff Act of 1930 (19 U.S.C. 1520(d)) shall not apply + with respect to the good; and + (B) section 520(d) of such Act, as in effect on the day + before that date, shall continue to apply on and after that + date with respect to the good. + SEC. 206. RECORDKEEPING REQUIREMENTS. (a) In General.--Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is amended-- - (1) by striking subsection (b) and inserting the following: + (1) by striking subsection (b) and inserting the following: ``(b) Exports and Imports Relating to USMCA Countries.-- - ``(1) Definitions.--In this subsection: - ``(A) USMCA; usmca country.--The terms `USMCA' and - `USMCA country' have the meanings given those terms in - section 3 of the United States-Mexico-Canada Agreement - Implementation Act. - ``(B) USMCA certification of origin.--The term - `USMCA certification of origin' means the certification - established under article 5.2.1 of the USMCA that a - good qualifies as an originating good under the USMCA. - ``(2) Exports to usmca countries.--Any person who completes - a USMCA certification of origin or provides a written - representation for a good exported from the United States to a - USMCA country shall make, keep, and, pursuant to rules and - regulations prescribed by the Secretary of the Treasury, render - for examination and inspection, all records and supporting - documents related to the origin of the good (including the - certification or copies thereof), including records related - to-- - ``(A) the purchase, cost, value, and shipping of, - and payment for, the good; - ``(B) the purchase, cost, value, and shipping of, - and payment for, all materials, including indirect - materials, used in the production of the good; and - ``(C) the production of the good in the form in - which it was exported or the production of the material - in the form in which it was sold. - ``(3) Exports under the canadian agreement.--Any person who - exports, or who knowingly causes to be exported, any - merchandise to Canada during such time as the United States- - Canada Free-Trade Agreement is in force with respect to, and - the United States applies that Agreement to, Canada shall make, - keep, and render for examination and inspection such records - (including certifications of origin or copies thereof) which - pertain to the exportations. - ``(4) Imports into the united states.-- - ``(A) In general.--Any importer who claims - preferential tariff treatment under the USMCA for a - good imported into the United States from a USMCA - country shall make, keep, and, pursuant to rules and - regulations prescribed by the Secretary of the Treasury - of the Secretary of Labor, render for examination and - inspection-- - ``(i) records and supporting documentation - related to the importation; - ``(ii) all records and supporting documents - related to the origin of the good (including - the certification or copies thereof), if the - importer completed the certification; and - ``(iii) records and supporting documents - necessary to demonstrate that the good did not, - while in transit to the United States, undergo - further production or any other operation other - than unloading, reloading, or any other - operation necessary to preserve the good in - good condition or to transport the good to the - United States. - ``(B) Vehicle producer.--Any vehicle producer whose - good is the subject of a claim for preferential tariff - treatment under the USMCA shall make, keep, and, - pursuant to rules and regulations promulgated by the - Secretary of the Treasury and Secretary of Labor, - render for examination and inspection records and - supporting documents related to the labor value content - and steel and aluminum purchasing requirements for the - qualification of its vehicles for preferential - treatment. - ``(5) Retention period.-- - ``(A) Exports to usmca countries.--A person covered - by paragraph (2) who completes a USMCA certification of - origin or provides a written representation for a good - exported from the United States to a USMCA country - shall keep the records required by such paragraph - relating to that certification of origin for a period - of at least 5 years after the date on which the - certification is completed. - ``(B) Exports under canadian agreement.--The - records required by paragraph (3) shall be kept for - such periods of time as the Secretary shall prescribe, - except that-- - ``(i) no period of time for the retention - of the records may exceed 5 years from the date - of entry, filing of a reconciliation, or - exportation, as appropriate; and - ``(ii) records for any drawback claim shall - be kept until the third anniversary of the date - of liquidation of the claim. - ``(C) Imports into the united states.-- - ``(i) In general.--An importer covered by - paragraph (4)(A) shall keep the records and - supporting documents required by such paragraph - for a period of at least 5 years after the date - of importation of the good. - ``(ii) Vehicle producer.--A vehicle - producer covered by paragraph (4)(B) shall keep - the records and supporting documents required - by paragraph (4)(B) for a period of at least 5 - years after the date of filing the - certifications required under paragraphs (1) - and (2) of section 202A(c) of the United - States-Mexico-Canada Agreement Implementation - Act.''; - (2) by striking subsection (c); and - (3) in the paragraph heading for subsection (e)(1), by - striking ``nafta'' and inserting ``usmca''. + ``(1) Definitions.--In this subsection: + ``(A) USMCA; usmca country.--The terms `USMCA' and `USMCA + country' have the meanings given those terms in section 3 of + the United States-Mexico-Canada Agreement Implementation Act. + ``(B) USMCA certification of origin.--The term `USMCA + certification of origin' means the certification established + under article 5.2.1 of the USMCA that a good qualifies as an + originating good under the USMCA. + ``(2) Exports to usmca countries.--Any person who completes a + USMCA certification of origin or provides a written representation + for a good exported from the United States to a USMCA country shall + make, keep, and, pursuant to rules and regulations prescribed by + the Secretary of the Treasury, render for examination and + inspection, all records and supporting documents related to the + origin of the good (including the certification or copies thereof), + including records related to-- + ``(A) the purchase, cost, value, and shipping of, and + payment for, the good; + ``(B) the purchase, cost, value, and shipping of, and + payment for, all materials, including indirect materials, used + in the production of the good; and + ``(C) the production of the good in the form in which it + was exported or the production of the material in the form in + which it was sold. + ``(3) Exports under the canadian agreement.--Any person who + exports, or who knowingly causes to be exported, any merchandise to + Canada during such time as the United States-Canada Free-Trade + Agreement is in force with respect to, and the United States + applies that Agreement to, Canada shall make, keep, and render for + examination and inspection such records (including certifications + of origin or copies thereof) which pertain to the exportations. + ``(4) Imports into the united states.-- + ``(A) In general.--Any importer who claims preferential + tariff treatment under the USMCA for a good imported into the + United States from a USMCA country shall make, keep, and, + pursuant to rules and regulations prescribed by the Secretary + of the Treasury of the Secretary of Labor, render for + examination and inspection-- + ``(i) records and supporting documentation related to + the importation; + ``(ii) all records and supporting documents related to + the origin of the good (including the certification or + copies thereof), if the importer completed the + certification; and + ``(iii) records and supporting documents necessary to + demonstrate that the good did not, while in transit to the + United States, undergo further production or any other + operation other than unloading, reloading, or any other + operation necessary to preserve the good in good condition + or to transport the good to the United States. + ``(B) Vehicle producer.--Any vehicle producer whose good is + the subject of a claim for preferential tariff treatment under + the USMCA shall make, keep, and, pursuant to rules and + regulations promulgated by the Secretary of the Treasury and + Secretary of Labor, render for examination and inspection + records and supporting documents related to the labor value + content and steel and aluminum purchasing requirements for the + qualification of its vehicles for preferential treatment. + ``(5) Retention period.-- + ``(A) Exports to usmca countries.--A person covered by + paragraph (2) who completes a USMCA certification of origin or + provides a written representation for a good exported from the + United States to a USMCA country shall keep the records + required by such paragraph relating to that certification of + origin for a period of at least 5 years after the date on which + the certification is completed. + ``(B) Exports under canadian agreement.--The records + required by paragraph (3) shall be kept for such periods of + time as the Secretary shall prescribe, except that-- + ``(i) no period of time for the retention of the + records may exceed 5 years from the date of entry, filing + of a reconciliation, or exportation, as appropriate; and + ``(ii) records for any drawback claim shall be kept + until the third anniversary of the date of liquidation of + the claim. + ``(C) Imports into the united states.-- + ``(i) In general.--An importer covered by paragraph + (4)(A) shall keep the records and supporting documents + required by such paragraph for a period of at least 5 years + after the date of importation of the good. + ``(ii) Vehicle producer.--A vehicle producer covered by + paragraph (4)(B) shall keep the records and supporting + documents required by paragraph (4)(B) for a period of at + least 5 years after the date of filing the certifications + required under paragraphs (1) and (2) of section 202A(c) of + the United States-Mexico-Canada Agreement Implementation + Act.''; + (2) by striking subsection (c); and + (3) in the paragraph heading for subsection (e)(1), by striking + ``nafta'' and inserting ``usmca''. (b) Effective Date.-- - (1) In general.--The amendments made by subsection (a) - shall take effect on the date on which the USMCA enters into - force. - (2) Applicability.-- - (A) Exports.--Paragraphs (2) and (5)(A) of section - 508(b) of the Tariff Act of 1930, as amended by - subsection (a), shall apply with respect to a good - exported from the United States on or after the date on - which the USMCA enters into force. - (B) Imports.--Paragraphs (4) and (5)(C) of section - 508(b) of the Tariff Act of 1930, as amended by - subsection (a), shall apply with respect to a good that - is entered for consumption, or withdrawn from warehouse - for consumption, on or after the date on which the - USMCA enters into force. - (3) Transition from nafta treatment.-- - (A) Exports.--In the case of a good exported from - the United States before the date on which the USMCA - enters into force-- - (i) the amendments made by subsection (a) - to paragraphs (2) and (5)(A) of section 508(b) - of the Tariff Act of 1930 (19 U.S.C. 1508) - shall not apply with respect to the good; and - (ii) section 508 of such Act, as in effect - on the day before that date, shall continue to - apply on and after that date with respect to - the good. - (B) Imports.--In the case of a good that is entered - for consumption, or withdrawn from warehouse for - consumption, before the date on which the USMCA enters - into force, the amendments made by subsection (a) to - paragraphs (4) and (5)(C) of section 508(b) of the - Tariff Act of 1930 (19 U.S.C. 1508) shall not apply - with respect to the good. - -SEC. 207. ACTIONS REGARDING VERIFICATION OF CLAIMS UNDER THE USMCA. - + (1) In general.--The amendments made by subsection (a) shall + take effect on the date on which the USMCA enters into force. + (2) Applicability.-- + (A) Exports.--Paragraphs (2) and (5)(A) of section 508(b) + of the Tariff Act of 1930, as amended by subsection (a), shall + apply with respect to a good exported from the United States on + or after the date on which the USMCA enters into force. + (B) Imports.--Paragraphs (4) and (5)(C) of section 508(b) + of the Tariff Act of 1930, as amended by subsection (a), shall + apply with respect to a good that is entered for consumption, + or withdrawn from warehouse for consumption, on or after the + date on which the USMCA enters into force. + (3) Transition from nafta treatment.-- + (A) Exports.--In the case of a good exported from the + United States before the date on which the USMCA enters into + force-- + (i) the amendments made by subsection (a) to paragraphs + (2) and (5)(A) of section 508(b) of the Tariff Act of 1930 + (19 U.S.C. 1508) shall not apply with respect to the good; + and + (ii) section 508 of such Act, as in effect on the day + before that date, shall continue to apply on and after that + date with respect to the good. + (B) Imports.--In the case of a good that is entered for + consumption, or withdrawn from warehouse for consumption, + before the date on which the USMCA enters into force, the + amendments made by subsection (a) to paragraphs (4) and (5)(C) + of section 508(b) of the Tariff Act of 1930 (19 U.S.C. 1508) + shall not apply with respect to the good. + SEC. 207. ACTIONS REGARDING VERIFICATION OF CLAIMS UNDER THE USMCA. (a) Verification.-- - (1) Origin verification.-- - (A) In general.--The Secretary of the Treasury may, - pursuant to article 5.9 of the USMCA, conduct a - verification of whether a good is an originating good - under section 202 or 202A. - (B) Additional requirements.--If the Secretary - conducts a verification under subparagraph (A), the - President may direct the Secretary-- - (i) during the verification process, to - release the good only upon payment of duties or - provision of security; and - (ii) if the Secretary makes a negative - determination under subsection (b), to take - action under subsection (c). - (2) Textile and apparel goods.-- - (A) In general.--The Secretary of the Treasury may, - pursuant to article 6.6 of the USMCA, conduct a - verification described in subparagraph (C) with respect - to a textile or apparel good. - (B) Additional requirements.--If the Secretary - conducts a verification under subparagraph (A) with - respect to a textile or apparel good, the President may - direct the Secretary-- - (i) during the verification process, to - take appropriate action described in - subparagraph (D); and - (ii) if the Secretary makes a negative - determination described in subsection (b), to - take action under subsection (c). - (C) Verification described.--A verification - described in this subparagraph with respect to a - textile or apparel good is-- - (i) a verification of whether the good - qualifies for preferential tariff treatment - under the USMCA; or - (ii) a verification of whether customs - offenses are occurring or have occurred with - respect to the good. - (D) Action during verification.--Appropriate action - described in this subparagraph may consist of-- - (i) release of the textile or apparel good - that is the subject of a verification described - in subparagraph (C) upon payment of duties or - provision of security; - (ii) suspension of preferential tariff - treatment under the USMCA with respect to-- - (I) the textile or apparel good - that is the subject of a verification - described in subparagraph (C)(i), if - the Secretary determines that there is - insufficient information to support the - claim for preferential tariff - treatment; or - (II) any textile or apparel good - exported or produced by a person that - is the subject of a verification - described in subparagraph (C)(ii) if - the Secretary of the Treasury - determines that there is insufficient - information to support the claim for - preferential tariff treatment made with - respect to that good; - (iii) denial of preferential tariff - treatment under the USMCA with respect to-- - (I) the textile or apparel good - that is the subject of a verification - described in subparagraph (C)(i) if the - Secretary determines that incorrect - information has been provided to - support the claim for preferential - tariff treatment; or - (II) any textile or apparel good - exported or produced by a person that - is the subject of a verification - described in subparagraph (C)(ii) if - the Secretary determines that the - person has provided incorrect - information to support the claim for - preferential tariff treatment that has - been made with respect to that good; - (iv) detention of any textile or apparel - good exported or produced by a person that is - the subject of a verification described in - subparagraph (C) if the Secretary determines - that there is insufficient information to - determine the country of origin of that good; - and - (v) denial of entry into the United States - of any textile or apparel good exported or - produced by a person that is the subject of a - verification described in subparagraph (C) if - the Secretary determines that the person has - provided incorrect information regarding the - country of origin of that good. + (1) Origin verification.-- + (A) In general.--The Secretary of the Treasury may, + pursuant to article 5.9 of the USMCA, conduct a verification of + whether a good is an originating good under section 202 or + 202A. + (B) Additional requirements.--If the Secretary conducts a + verification under subparagraph (A), the President may direct + the Secretary-- + (i) during the verification process, to release the + good only upon payment of duties or provision of security; + and + (ii) if the Secretary makes a negative determination + under subsection (b), to take action under subsection (c). + (2) Textile and apparel goods.-- + (A) In general.--The Secretary of the Treasury may, + pursuant to article 6.6 of the USMCA, conduct a verification + described in subparagraph (C) with respect to a textile or + apparel good. + (B) Additional requirements.--If the Secretary conducts a + verification under subparagraph (A) with respect to a textile + or apparel good, the President may direct the Secretary-- + (i) during the verification process, to take + appropriate action described in subparagraph (D); and + (ii) if the Secretary makes a negative determination + described in subsection (b), to take action under + subsection (c). + (C) Verification described.--A verification described in + this subparagraph with respect to a textile or apparel good + is-- + (i) a verification of whether the good qualifies for + preferential tariff treatment under the USMCA; or + (ii) a verification of whether customs offenses are + occurring or have occurred with respect to the good. + (D) Action during verification.--Appropriate action + described in this subparagraph may consist of-- + (i) release of the textile or apparel good that is the + subject of a verification described in subparagraph (C) + upon payment of duties or provision of security; + (ii) suspension of preferential tariff treatment under + the USMCA with respect to-- + + (I) the textile or apparel good that is the subject + of a verification described in subparagraph (C)(i), if + the Secretary determines that there is insufficient + information to support the claim for preferential + tariff treatment; or + (II) any textile or apparel good exported or + produced by a person that is the subject of a + verification described in subparagraph (C)(ii) if the + Secretary of the Treasury determines that there is + insufficient information to support the claim for + preferential tariff treatment made with respect to that + good; + + (iii) denial of preferential tariff treatment under the + USMCA with respect to-- + + (I) the textile or apparel good that is the subject + of a verification described in subparagraph (C)(i) if + the Secretary determines that incorrect information has + been provided to support the claim for preferential + tariff treatment; or + (II) any textile or apparel good exported or + produced by a person that is the subject of a + verification described in subparagraph (C)(ii) if the + Secretary determines that the person has provided + incorrect information to support the claim for + preferential tariff treatment that has been made with + respect to that good; + + (iv) detention of any textile or apparel good exported + or produced by a person that is the subject of a + verification described in subparagraph (C) if the Secretary + determines that there is insufficient information to + determine the country of origin of that good; and + (v) denial of entry into the United States of any + textile or apparel good exported or produced by a person + that is the subject of a verification described in + subparagraph (C) if the Secretary determines that the + person has provided incorrect information regarding the + country of origin of that good. (b) Negative Determination.-- - (1) In general.--A negative determination described in this - subsection with respect to a good imported, exported, or - produced by an importer, exporter, or producer is a - determination by the Secretary, based on a verification - conducted under subsection (a), that-- - (A) a claim by the importer, exporter, or producer - that the good qualifies as an originating good under - section 202 is inaccurate; or - (B) the good does not qualify for preferential - tariff treatment under the USMCA because-- - (i) the importer, exporter, or producer - failed to respond to a written request for - information or failed to provide sufficient - information to determine that the good - qualifies as an originating good; - (ii) after receipt of a written - notification for a visit to conduct - verification under subsection (a), the exporter - or producer did not provide written consent for - that visit; - (iii) the importer, exporter, or producer - does not maintain, or denies access to, records - or documentation required under section 508(l) - of the Tariff Act of 1930 (19 U.S.C. 1508(l)); - (iv) in the case of verification conducted - under subsection (a)(2)-- - (I) access or permission for a site - visit is denied; - (II) officials of the United States - are prevented from completing a site - visit on the proposed date and the - exporter or producer does not provide - an acceptable alternative date for the - site visit; or - (III) the exporter or producer does - not provide access to relevant - documents or facilities during a site - visit; or - (v) the importer, exporter, or producer-- - (I) otherwise fails to comply with - the requirements of this section; or - (II) based on the preponderance of - the evidence, circumvents the - requirements of this section. - (2) Requests for information.--The Secretary shall not make - a negative determination described in paragraph (1)(B) unless-- - (A) in a case in which the Secretary conducts a - verification with respect to a good by written request - or questionnaire submitted to the importer under - article 5.9.1(a) of the USMCA and the claim for - preferential tariff treatment under the USMCA is based - on a certification of origin completed by the exporter - or producer of the good, the Secretary requests - information from the exporter or producer that - completed the certification; or - (B) in a case in which the Secretary conducts a - verification with respect to a textile or apparel good - by requesting a site visit under article 6.6.2 of the - USMCA, the Secretary requests information from the - importer and from any exporter or producer that - provided information to the Secretary to support the - claim for preferential tariff treatment. + (1) In general.--A negative determination described in this + subsection with respect to a good imported, exported, or produced + by an importer, exporter, or producer is a determination by the + Secretary, based on a verification conducted under subsection (a), + that-- + (A) a claim by the importer, exporter, or producer that the + good qualifies as an originating good under section 202 is + inaccurate; or + (B) the good does not qualify for preferential tariff + treatment under the USMCA because-- + (i) the importer, exporter, or producer failed to + respond to a written request for information or failed to + provide sufficient information to determine that the good + qualifies as an originating good; + (ii) after receipt of a written notification for a + visit to conduct verification under subsection (a), the + exporter or producer did not provide written consent for + that visit; + (iii) the importer, exporter, or producer does not + maintain, or denies access to, records or documentation + required under section 508(l) of the Tariff Act of 1930 (19 + U.S.C. 1508(l)); + (iv) in the case of verification conducted under + subsection (a)(2)-- + + (I) access or permission for a site visit is + denied; + (II) officials of the United States are prevented + from completing a site visit on the proposed date and + the exporter or producer does not provide an acceptable + alternative date for the site visit; or + (III) the exporter or producer does not provide + access to relevant documents or facilities during a + site visit; or + + (v) the importer, exporter, or producer-- + + (I) otherwise fails to comply with the requirements + of this section; or + (II) based on the preponderance of the evidence, + circumvents the requirements of this section. + + (2) Requests for information.--The Secretary shall not make a + negative determination described in paragraph (1)(B) unless-- + (A) in a case in which the Secretary conducts a + verification with respect to a good by written request or + questionnaire submitted to the importer under article 5.9.1(a) + of the USMCA and the claim for preferential tariff treatment + under the USMCA is based on a certification of origin completed + by the exporter or producer of the good, the Secretary requests + information from the exporter or producer that completed the + certification; or + (B) in a case in which the Secretary conducts a + verification with respect to a textile or apparel good by + requesting a site visit under article 6.6.2 of the USMCA, the + Secretary requests information from the importer and from any + exporter or producer that provided information to the Secretary + to support the claim for preferential tariff treatment. (c) Action Based on Determination.-- - (1) Denial of preferential tariff treatment.--Upon making a - negative determination described in subsection (b)(1) with - respect to a good, the Secretary may deny preferential tariff - treatment under the USMCA with respect to the good. - (2) Withholding of preferential tariff treatment based on - pattern of conduct.--If verifications of origin relating to - identical goods indicate a pattern of conduct by an importer, - exporter, or producer of false or unsupported representations - relevant to a claim that a good imported into the United States - qualifies for preferential tariff treatment under the USMCA, - U.S. Customs and Border Protection, in accordance with - regulations prescribed by the Secretary, may withhold - preferential tariff treatment under the USMCA for entries of - those goods imported, exported, or produced by that person - until U.S. Customs and Border Protection determines that person - has established compliance with requirements for claims for - preferential tariff treatment under the USMCA. + (1) Denial of preferential tariff treatment.--Upon making a + negative determination described in subsection (b)(1) with respect + to a good, the Secretary may deny preferential tariff treatment + under the USMCA with respect to the good. + (2) Withholding of preferential tariff treatment based on + pattern of conduct.--If verifications of origin relating to + identical goods indicate a pattern of conduct by an importer, + exporter, or producer of false or unsupported representations + relevant to a claim that a good imported into the United States + qualifies for preferential tariff treatment under the USMCA, U.S. + Customs and Border Protection, in accordance with regulations + prescribed by the Secretary, may withhold preferential tariff + treatment under the USMCA for entries of those goods imported, + exported, or produced by that person until U.S. Customs and Border + Protection determines that person has established compliance with + requirements for claims for preferential tariff treatment under the + USMCA. (d) Prevention of Circumvention.--In making a determination under this section, including whether to accept or reject a claim for preferential tariff treatment under the USMCA, the Secretary shall interpret the requirements of this section in a manner to avoid and prevent circumvention of those requirements. - -SEC. 208. DRAWBACK [RESERVED]. - -SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 1930. - + SEC. 208. DRAWBACK [RESERVED]. + SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 1930. (a) Country of Origin Marking.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended by striking subsection (k) and inserting the following: @@ -2532,64 +2281,59 @@ inserting the following: section to an article that qualifies as a good of a USMCA country (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)-- - ``(1) the exemption under subsection (a)(3)(H) shall be - applied by substituting `reasonably know' for `necessarily - know'; - ``(2) the Secretary shall exempt the good from the - requirements for marking under subsection (a) if the good-- - ``(A) is an original work of art; or - ``(B) is provided for under subheading 6904.10, - heading 8541, or heading 8542 of the Harmonized Tariff - Schedule of the United States; and - ``(3) subsection (b) does not apply to the usual container - of any good described in subsection (a)(3)(E) or (I) or - paragraph (2)(A) or (B) of this subsection.''. + ``(1) the exemption under subsection (a)(3)(H) shall be applied + by substituting `reasonably know' for `necessarily know'; + ``(2) the Secretary shall exempt the good from the requirements + for marking under subsection (a) if the good-- + ``(A) is an original work of art; or + ``(B) is provided for under subheading 6904.10, heading + 8541, or heading 8542 of the Harmonized Tariff Schedule of the + United States; and + ``(3) subsection (b) does not apply to the usual container of + any good described in subsection (a)(3)(E) or (I) or paragraph + (2)(A) or (B) of this subsection.''. (b) Examination of Books and Witnesses.--Section 509(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1509(a)(2)(A)) is amended-- - (1) in clause (i), by inserting at the end ``or a vehicle - producer whose good is subject to a claim of preferential - tariff treatment under the USMCA (as defined in section 3 of - the United States-Mexico-Canada Agreement Implementation - Act),''; and - (2) in clause (ii), by striking ``a NAFTA country'' and all - that follows through ``Implementation Act)'' and inserting ``a - USMCA country (as defined in section 3 of the United States- - Mexico-Canada Agreement Implementation Act)''. + (1) in clause (i), by inserting at the end ``or a vehicle + producer whose good is subject to a claim of preferential tariff + treatment under the USMCA (as defined in section 3 of the United + States-Mexico-Canada Agreement Implementation Act),''; and + (2) in clause (ii), by striking ``a NAFTA country'' and all + that follows through ``Implementation Act)'' and inserting ``a + USMCA country (as defined in section 3 of the United States-Mexico- + Canada Agreement Implementation Act)''. (c) Exchange of Information.--Section 628 of the Tariff Act of 1930 (19 U.S.C. 1628) is amended by striking subsection (c) and inserting the following: ``(c) Government Agency of USMCA Country.-- - ``(1) In general.--The Secretary may authorize U.S. Customs - and Border Protection to exchange information with any - government agency of a USMCA country, if the Secretary-- - ``(A) reasonably believes the exchange of - information is necessary to implement chapter 2, 4, 5, - 6, or 7 of the USMCA; and - ``(B) obtains assurances from such agency that the - information will be held in confidence and used only - for governmental purposes. - ``(2) Definitions.--In this subsection, the terms `USMCA' - and `USMCA country' have the meanings given those terms in - section 3 of the United States-Mexico-Canada Agreement - Implementation Act.''. + ``(1) In general.--The Secretary may authorize U.S. Customs and + Border Protection to exchange information with any government + agency of a USMCA country, if the Secretary-- + ``(A) reasonably believes the exchange of information is + necessary to implement chapter 2, 4, 5, 6, or 7 of the USMCA; + and + ``(B) obtains assurances from such agency that the + information will be held in confidence and used only for + governmental purposes. + ``(2) Definitions.--In this subsection, the terms `USMCA' and + `USMCA country' have the meanings given those terms in section 3 of + the United States-Mexico-Canada Agreement Implementation Act.''. (d) Effective Date.-- - (1) In general.--The amendments made by this section - shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to a good entered for - consumption, or withdrawn from warehouse for - consumption, on or after that date. - (2) Transition from nafta treatment.--In the case of a good - entered for consumption, or withdrawn from warehouse for - consumption, before the date on which the USMCA enters into - force-- - (A) the amendments made by this section shall not - apply with respect to the good; and - (B) the provisions of law amended by this section, - as such provisions were in effect on the day before - that date, shall continue to apply on and after that - date with respect to the good. + (1) In general.--The amendments made by this section shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to a good entered for consumption, + or withdrawn from warehouse for consumption, on or after that + date. + (2) Transition from nafta treatment.--In the case of a good + entered for consumption, or withdrawn from warehouse for + consumption, before the date on which the USMCA enters into force-- + (A) the amendments made by this section shall not apply + with respect to the good; and + (B) the provisions of law amended by this section, as such + provisions were in effect on the day before that date, shall + continue to apply on and after that date with respect to the + good. (e) Effective Date Relating to Exchange of Information.-- Notwithstanding the amendment made by subsection (c), the Secretary of the Treasury shall retain the authority provided in section 628(c) of @@ -2598,9 +2342,7 @@ which the USMCA enters into force) to exchange information with any government agency of a NAFTA country (as defined in section 2 of the North American Free Trade Agreement Implementation Act (as in effect on the day before the date on which the USMCA enters into force)). - -SEC. 210. REGULATIONS. - + SEC. 210. REGULATIONS. (a) Secretary of the Treasury.--The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out this title and the amendments made by this title (except as provided by subsection @@ -2610,110 +2352,96 @@ such regulations as may be necessary to carry out the labor value content determination under section 202A. TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES - Subtitle A--Relief From Injury Caused by Import Competition [reserved] - Subtitle B--Temporary Entry of Business Persons [reserved] - Subtitle C--United States-Mexico Cross-Border Long-Haul Trucking Services -SEC. 321. DEFINITIONS. - + SEC. 321. DEFINITIONS. In this subtitle: - (1) Border commercial zone.--The term ``border commercial - zone'' means-- - (A) the area of United States territory of the - municipalities along the United States-Mexico - international border and the commercial zones of such - municipalities as described in subpart B of part 372 of - title 49, Code of Federal Regulations; and - (B) any additional border crossing and associated - commercial zones listed in the Federal Motor Carrier - Safety Administration OP-2 application instructions or - successor documents. - (2) Cargo originating in mexico.--The term ``cargo - originating in Mexico'' means any cargo that enters the United - States by commercial motor vehicle from Mexico, including cargo - that may have originated in a country other than Mexico. - (3) Change in circumstances.--The term ``change in - circumstance'' may include a substantial increase in services - supplied by the grantee of a grant of authority. - (4) Commercial motor vehicle.--The term ``commercial motor - vehicle'' means a commercial motor vehicle, as such term is - defined in paragraph (1) of section 31132 of title 49, United - States Code, that meets the requirements of subparagraph (A) of - such paragraph. - (5) Cross-border long-haul trucking services.--The term - ``cross-border long-haul trucking services'' means-- - (A) the transportation by commercial motor vehicle - of cargo originating in Mexico to a point in the United - States outside of a border commercial zone; or - (B) the transportation by commercial motor vehicle - of cargo originating in the United States from a point - in the United States outside of a border commercial - zone to a point in a border commercial zone or a point - in Mexico. - (6) Driver.--The term ``driver'' means a person that drives - a commercial motor vehicle in cross-border long-haul trucking - services. - (7) Grant of authority.--The term ``grant of authority'' - means registration granted pursuant to section 13902 of title - 49, United States Code, or a successor provision, to persons of - Mexico to conduct cross-border long-haul trucking services in - the United States. - (8) Interested party.--The term ``interested party'' - means-- - (A) persons of the United States engaged in the - provision of cross-border long-haul trucking services; - (B) a trade or business association, a majority of - whose members are part of the relevant United States - long-haul trucking services industry; - (C) a certified or recognized union, or - representative group of suppliers, operators, or - drivers who are part of the United States long-haul - trucking services industry; - (D) the Government of Mexico; or - (E) persons of Mexico. - (9) Material harm.--The term ``material harm'' means a - significant loss in the share of the United States market or - relevant sub-market for cross-border long-haul trucking - services held by persons of the United States. - (10) Operator or supplier.--The term ``operator'' or - ``supplier'' means an entity that has been granted registration - under section 13902 of title 49, United States Code, to provide - cross-border long-haul trucking services. - (11) Persons of mexico.--The term ``persons of Mexico'' - includes-- - (A) entities domiciled in Mexico organized, or - otherwise constituted under Mexican law, including - subsidiaries of United States companies domiciled in - Mexico, or entities owned or controlled by a Mexican - national, which conduct cross-border long-haul trucking - services, or employ drivers who are non-United States - nationals; and - (B) drivers who are Mexican nationals. - (12) Persons of the united states.--The term ``persons of - the United States'' includes entities domiciled in the United - States, organized or otherwise constituted under United States - law, and not owned or controlled by persons of Mexico, which - provide cross-border long-haul trucking services and long-haul - commercial motor vehicle drivers who are United States - nationals. - (13) Threat of material harm.--The term ``threat of - material harm'' means material harm that is likely to occur. - (14) United states long-haul trucking services industry.-- - The term ``United States long-haul trucking services industry'' - means-- - (A) United States suppliers, operators, or drivers - as a whole providing cross-border long-haul trucking - services; or - (B) United States suppliers, operators, or drivers - providing cross-border long-haul trucking services in a - specific sub-market of the whole United States market. - -SEC. 322. INVESTIGATIONS AND DETERMINATIONS BY COMMISSION. - + (1) Border commercial zone.--The term ``border commercial + zone'' means-- + (A) the area of United States territory of the + municipalities along the United States-Mexico international + border and the commercial zones of such municipalities as + described in subpart B of part 372 of title 49, Code of Federal + Regulations; and + (B) any additional border crossing and associated + commercial zones listed in the Federal Motor Carrier Safety + Administration OP-2 application instructions or successor + documents. + (2) Cargo originating in mexico.--The term ``cargo originating + in Mexico'' means any cargo that enters the United States by + commercial motor vehicle from Mexico, including cargo that may have + originated in a country other than Mexico. + (3) Change in circumstances.--The term ``change in + circumstance'' may include a substantial increase in services + supplied by the grantee of a grant of authority. + (4) Commercial motor vehicle.--The term ``commercial motor + vehicle'' means a commercial motor vehicle, as such term is defined + in paragraph (1) of section 31132 of title 49, United States Code, + that meets the requirements of subparagraph (A) of such paragraph. + (5) Cross-border long-haul trucking services.--The term + ``cross-border long-haul trucking services'' means-- + (A) the transportation by commercial motor vehicle of cargo + originating in Mexico to a point in the United States outside + of a border commercial zone; or + (B) the transportation by commercial motor vehicle of cargo + originating in the United States from a point in the United + States outside of a border commercial zone to a point in a + border commercial zone or a point in Mexico. + (6) Driver.--The term ``driver'' means a person that drives a + commercial motor vehicle in cross-border long-haul trucking + services. + (7) Grant of authority.--The term ``grant of authority'' means + registration granted pursuant to section 13902 of title 49, United + States Code, or a successor provision, to persons of Mexico to + conduct cross-border long-haul trucking services in the United + States. + (8) Interested party.--The term ``interested party'' means-- + (A) persons of the United States engaged in the provision + of cross-border long-haul trucking services; + (B) a trade or business association, a majority of whose + members are part of the relevant United States long-haul + trucking services industry; + (C) a certified or recognized union, or representative + group of suppliers, operators, or drivers who are part of the + United States long-haul trucking services industry; + (D) the Government of Mexico; or + (E) persons of Mexico. + (9) Material harm.--The term ``material harm'' means a + significant loss in the share of the United States market or + relevant sub-market for cross-border long-haul trucking services + held by persons of the United States. + (10) Operator or supplier.--The term ``operator'' or + ``supplier'' means an entity that has been granted registration + under section 13902 of title 49, United States Code, to provide + cross-border long-haul trucking services. + (11) Persons of mexico.--The term ``persons of Mexico'' + includes-- + (A) entities domiciled in Mexico organized, or otherwise + constituted under Mexican law, including subsidiaries of United + States companies domiciled in Mexico, or entities owned or + controlled by a Mexican national, which conduct cross-border + long-haul trucking services, or employ drivers who are non- + United States nationals; and + (B) drivers who are Mexican nationals. + (12) Persons of the united states.--The term ``persons of the + United States'' includes entities domiciled in the United States, + organized or otherwise constituted under United States law, and not + owned or controlled by persons of Mexico, which provide cross- + border long-haul trucking services and long-haul commercial motor + vehicle drivers who are United States nationals. + (13) Threat of material harm.--The term ``threat of material + harm'' means material harm that is likely to occur. + (14) United states long-haul trucking services industry.--The + term ``United States long-haul trucking services industry'' means-- + (A) United States suppliers, operators, or drivers as a + whole providing cross-border long-haul trucking services; or + (B) United States suppliers, operators, or drivers + providing cross-border long-haul trucking services in a + specific sub-market of the whole United States market. + SEC. 322. INVESTIGATIONS AND DETERMINATIONS BY COMMISSION. (a) Investigation.--Upon the filing of a petition by an interested party described in subparagraph (A), (B), or (C) of section 321(8) which is representative of a United States long-haul trucking services @@ -2723,100 +2451,92 @@ Means of the House of Representatives or the Committee on Finance of the Senate, the International Trade Commission (in this subtitle referred to as the ``Commission'') shall promptly initiate an investigation to determine-- - (1) whether a request by a person of Mexico to receive a - grant of authority that is pending as of the date of the filing - of the petition threatens to cause material harm to a United - States long-haul trucking services industry; - (2) whether a person of Mexico who has received a grant of - authority on or after the date of entry into force of the USMCA - and retains such grant of authority is causing or threatens to - cause material harm to a United States long-haul trucking - services industry; or - (3) whether, with respect to a person of Mexico who has - received a grant of authority before the date of entry into - force of the USMCA and retains such grant of authority, there - has been a change in circumstances such that such person of - Mexico is causing or threatens to cause material harm to a - United States long-haul trucking services industry. + (1) whether a request by a person of Mexico to receive a grant + of authority that is pending as of the date of the filing of the + petition threatens to cause material harm to a United States long- + haul trucking services industry; + (2) whether a person of Mexico who has received a grant of + authority on or after the date of entry into force of the USMCA and + retains such grant of authority is causing or threatens to cause + material harm to a United States long-haul trucking services + industry; or + (3) whether, with respect to a person of Mexico who has + received a grant of authority before the date of entry into force + of the USMCA and retains such grant of authority, there has been a + change in circumstances such that such person of Mexico is causing + or threatens to cause material harm to a United States long-haul + trucking services industry. (b) Transmission of Petition, Request, or Resolution.--The Commission shall transmit a copy of any petition, request, or resolution filed under subsection (a) to the Trade Representative and the Secretary of Transportation. (c) Publication and Hearings.--The Commission shall-- - (1) promptly publish notice of the commencement of any - investigation under subsection (a) in the Federal Register; and - (2) within a reasonable time period thereafter, hold public - hearings at which the Commission shall afford interested - parties an opportunity to be present, to present evidence, to - respond to presentations of other parties, and otherwise to be - heard. + (1) promptly publish notice of the commencement of any + investigation under subsection (a) in the Federal Register; and + (2) within a reasonable time period thereafter, hold public + hearings at which the Commission shall afford interested parties an + opportunity to be present, to present evidence, to respond to + presentations of other parties, and otherwise to be heard. (d) Factors Applied in Making Determinations.--In making a determination under subsection (a) of whether a request by a person of Mexico to receive a grant of authority, or a person of Mexico who has received a grant of authority and retains such grant of authority, as the case may be, threatens to cause material harm to a United States long-haul trucking services industry, the Commission shall-- - (1) consider, among other things, and as relevant-- - (A) the volume and tonnage of merchandise - transported; and - (B) the employment, wages, hours of service, and - working conditions; and - (2) with respect to a change in circumstances described in - subsection (a)(3), take into account those operations by - persons of Mexico under grants of authority in effect as of the - date of entry into force of the USMCA are not causing material - harm. + (1) consider, among other things, and as relevant-- + (A) the volume and tonnage of merchandise transported; and + (B) the employment, wages, hours of service, and working + conditions; and + (2) with respect to a change in circumstances described in + subsection (a)(3), take into account those operations by persons of + Mexico under grants of authority in effect as of the date of entry + into force of the USMCA are not causing material harm. (e) Assistance to Commission.-- - (1) In general.--At the request of the Commission, the - Secretary of Homeland Security shall consult with the - Commission and shall collect and maintain such additional data - and other information on commercial motor vehicles entering or - exiting the United States at a port of entry or exit at the - United States border with Mexico as the Commission may request - for the purpose of conducting investigations under subsection - (a) and shall make such information available to the Commission - in a timely manner. - (2) Requests for information.-- - (A) In general.--At the request of the Commission, - the Secretary of Homeland Security, the Secretary of - Transportation, the Secretary of Commerce, the - Secretary of Labor, and the head of any other Federal - agency shall make available to the Commission any - information in their possession, including proprietary - information, as the Commission may require in order to - assist the Commission in making determinations under - subsection (a). - (B) Confidential business information.--The - Commission shall treat any proprietary information - obtained under subparagraph (A) as confidential - business information in accordance with regulations - adopted by the Commission to carry out this subtitle. + (1) In general.--At the request of the Commission, the + Secretary of Homeland Security shall consult with the Commission + and shall collect and maintain such additional data and other + information on commercial motor vehicles entering or exiting the + United States at a port of entry or exit at the United States + border with Mexico as the Commission may request for the purpose of + conducting investigations under subsection (a) and shall make such + information available to the Commission in a timely manner. + (2) Requests for information.-- + (A) In general.--At the request of the Commission, the + Secretary of Homeland Security, the Secretary of + Transportation, the Secretary of Commerce, the Secretary of + Labor, and the head of any other Federal agency shall make + available to the Commission any information in their + possession, including proprietary information, as the + Commission may require in order to assist the Commission in + making determinations under subsection (a). + (B) Confidential business information.--The Commission + shall treat any proprietary information obtained under + subparagraph (A) as confidential business information in + accordance with regulations adopted by the Commission to carry + out this subtitle. (f) Limited Disclosure of Confidential Business Information Under Protective Order.--The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under subsection (a). (g) Deadline for Determination.-- - (1) In general.--Not later than 120 days after the date on - which an investigation is initiated under subsection (a) with - respect to a petition, request, or resolution, the Commission - shall make a determination with respect to the petition, - request, or resolution. - (2) Exception.--If, before the 100th day after an - investigation is initiated under subsection (a), the Commission - determines that the investigation is extraordinarily - complicated, the Commission shall make its determination with - respect to the investigation not later than 150 days after the - date referred to in paragraph (1). + (1) In general.--Not later than 120 days after the date on + which an investigation is initiated under subsection (a) with + respect to a petition, request, or resolution, the Commission shall + make a determination with respect to the petition, request, or + resolution. + (2) Exception.--If, before the 100th day after an investigation + is initiated under subsection (a), the Commission determines that + the investigation is extraordinarily complicated, the Commission + shall make its determination with respect to the investigation not + later than 150 days after the date referred to in paragraph (1). (h) Applicable Provisions.--For purposes of this subtitle, the provisions of paragraphs (1), (2), and (3) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with respect to determinations and findings made under this section as if such determinations and findings were made under section 202 of the Trade Act of 1974 (19 U.S.C. 2252). - -SEC. 323. COMMISSION RECOMMENDATIONS AND REPORT. - + SEC. 323. COMMISSION RECOMMENDATIONS AND REPORT. (a) In General.--If the Commission makes an affirmative determination under section 322, the Commission shall recommend the action that is necessary to address the material harm or threat of @@ -2827,155 +2547,137 @@ the recommendation required to be made under subsection (a). (c) Report.--Not later than the date that is 60 days after the date on which the determination is made under section 322, the Commission shall submit to the President a report that includes-- - (1) the determination and an explanation of the basis for - the determination; - (2) if the determination is affirmative, recommendations - for action and an explanation of the basis for the - recommendation; and - (3) any dissenting or separate views by members of the - Commission regarding the determination. + (1) the determination and an explanation of the basis for the + determination; + (2) if the determination is affirmative, recommendations for + action and an explanation of the basis for the recommendation; and + (3) any dissenting or separate views by members of the + Commission regarding the determination. (d) Public Notice.--Upon submitting a report to the President under subsection (c), the Commission shall-- - (1) promptly make public the report (with the exception of - information which the Commission determines to be confidential - business information); and - (2) publish a summary of the report in the Federal - Register. - -SEC. 324. ACTION BY PRESIDENT WITH RESPECT TO AFFIRMATIVE - DETERMINATION. - + (1) promptly make public the report (with the exception of + information which the Commission determines to be confidential + business information); and + (2) publish a summary of the report in the Federal Register. + SEC. 324. ACTION BY PRESIDENT WITH RESPECT TO AFFIRMATIVE + DETERMINATION. (a) In General.--Not later than the date that is 30 days after the date on which the President receives a report of the Commission in which the Commission's determination under section 322 is affirmative or which contains a determination that the President may treat as affirmative in accordance with section 330(d)(1) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1))-- - (1) the President shall, subject to subsection (b), issue - an order to the Secretary of Transportation specifying the - relief to be provided, consistent with subsection (c), and - directing the relief to be carried out; and - (2) the Secretary of Transportation shall carry out such - relief. + (1) the President shall, subject to subsection (b), issue an + order to the Secretary of Transportation specifying the relief to + be provided, consistent with subsection (c), and directing the + relief to be carried out; and + (2) the Secretary of Transportation shall carry out such + relief. (b) Exception.--The President is not required to provide relief under this section if the President determines that provision of such relief-- - (1) is not in the national economic interest of the United - States; or - (2) would cause serious harm to the national security of - the United States. + (1) is not in the national economic interest of the United + States; or + (2) would cause serious harm to the national security of the + United States. (c) Nature of Relief.-- - (1) In general.--The relief the President is authorized to - provide under this subsection is as follows: - (A)(i) With respect to a determination relating to - an investigation under section 322(a)(1), the denial or - imposition of limitations on a request for a new grant - of authority by the persons of Mexico that are the - subject of the investigation. - (ii) With respect to a determination relating to an - investigation under section 322(a)(1), the revocation - of, or restrictions on, grants of authority issued to - the persons of Mexico that are the subject of the - investigation since the date of the petition, request, - or resolution. - (B) With respect to a determination relating to an - investigation under section 322(a)(2) or (3), the - revocation or imposition of limitations on an existing - grant of authority by the persons of Mexico that are - the subject of the investigation. - (C) With respect to a determination relating to an - investigation under section 322(a)(1), (2), or (3), a - cap on the number of grants of authority issued to - persons of Mexico annually. - (2) Deadline for relief.--Not later than 15 days after the - date on which the President determines the relief to be - provided under this subsection, the President shall direct the - Secretary of Transportation to carry out the relief. + (1) In general.--The relief the President is authorized to + provide under this subsection is as follows: + (A)(i) With respect to a determination relating to an + investigation under section 322(a)(1), the denial or imposition + of limitations on a request for a new grant of authority by the + persons of Mexico that are the subject of the investigation. + (ii) With respect to a determination relating to an + investigation under section 322(a)(1), the revocation of, or + restrictions on, grants of authority issued to the persons of + Mexico that are the subject of the investigation since the date + of the petition, request, or resolution. + (B) With respect to a determination relating to an + investigation under section 322(a)(2) or (3), the revocation or + imposition of limitations on an existing grant of authority by + the persons of Mexico that are the subject of the + investigation. + (C) With respect to a determination relating to an + investigation under section 322(a)(1), (2), or (3), a cap on + the number of grants of authority issued to persons of Mexico + annually. + (2) Deadline for relief.--Not later than 15 days after the date + on which the President determines the relief to be provided under + this subsection, the President shall direct the Secretary of + Transportation to carry out the relief. (d) Period of Relief.-- - (1) In general.--Subject to paragraph (2), any relief that - the President provides under this section may not be in effect - for more than 2 years. - (2) Extension.-- - (A) In general.--Subject to subparagraph (C), the - President, after receiving a determination from the - Commission under subparagraph (B) that is affirmative, - or which contains a determination that the President - may treat as affirmative in accordance with section - 330(d)(1) of the Tariff Act of 1930 (19 U.S.C. - 1330(d)(1)(1)), may extend the effective period of - relief provided under this section by up to an - additional 4 years, if the President determines that - the provision of the relief continues to be necessary - to remedy or prevent material harm. - (B) Action by commission.-- - (i) Investigation.--Upon request of the - President, or upon the filing by an interested - party described in subparagraph (A), (B), or - (C) of section 321(8) which is representative - of a United States long-haul trucking services - industry that is filed with the Commission not - earlier than the date that is 270 days, and not - later than the date that is 240 days, before - the date on which any action taken under this - section is to terminate, the Commission shall - conduct an investigation to determine whether - action under this section continues to be - necessary to remedy or prevent material harm. - (ii) Notice and hearing.--The Commission - shall-- - (I) publish notice of the - commencement of an investigation under - clause (i) in the Federal Register; and - (II) within a reasonable time - thereafter, hold a public hearing at - which the Commission shall afford - interested parties an opportunity to be - present, to present evidence, and to - respond to the presentations of other - parties and consumers, and otherwise be - heard. - (iii) Report.--Not later than the date that - is 60 days before relief provided under - subsection (a) is to terminate, or such other - date as determined by the President, the - Commission shall submit to the President a - report on its investigation and determination - under this subparagraph. - (C) Period of relief.--Any relief provided under - this section, including any extension thereof, may not, - in the aggregate, be in effect for more than 6 years. - (D) Limitation.-- - (i) In general.--Except as provided in - clause (ii), the Commission may not conduct an - investigation under subparagraph (B)(i) if-- - (I) the subject matter of the - investigation is the same as the - subject matter of a previous - investigation conducted under - subparagraph (B)(i); and - (II) less than 1 year has elapsed - since the Commission made its report to - the President of the results of such - previous investigation. - (ii) Exception.--Clause (i) shall not apply - with respect to an investigation if the - Commission determines good cause exists to - conduct the investigation. + (1) In general.--Subject to paragraph (2), any relief that the + President provides under this section may not be in effect for more + than 2 years. + (2) Extension.-- + (A) In general.--Subject to subparagraph (C), the + President, after receiving a determination from the Commission + under subparagraph (B) that is affirmative, or which contains a + determination that the President may treat as affirmative in + accordance with section 330(d)(1) of the Tariff Act of 1930 (19 + U.S.C. 1330(d)(1)(1)), may extend the effective period of + relief provided under this section by up to an additional 4 + years, if the President determines that the provision of the + relief continues to be necessary to remedy or prevent material + harm. + (B) Action by commission.-- + (i) Investigation.--Upon request of the President, or + upon the filing by an interested party described in + subparagraph (A), (B), or (C) of section 321(8) which is + representative of a United States long-haul trucking + services industry that is filed with the Commission not + earlier than the date that is 270 days, and not later than + the date that is 240 days, before the date on which any + action taken under this section is to terminate, the + Commission shall conduct an investigation to determine + whether action under this section continues to be necessary + to remedy or prevent material harm. + (ii) Notice and hearing.--The Commission shall-- + + (I) publish notice of the commencement of an + investigation under clause (i) in the Federal Register; + and + (II) within a reasonable time thereafter, hold a + public hearing at which the Commission shall afford + interested parties an opportunity to be present, to + present evidence, and to respond to the presentations + of other parties and consumers, and otherwise be heard. + + (iii) Report.--Not later than the date that is 60 days + before relief provided under subsection (a) is to + terminate, or such other date as determined by the + President, the Commission shall submit to the President a + report on its investigation and determination under this + subparagraph. + (C) Period of relief.--Any relief provided under this + section, including any extension thereof, may not, in the + aggregate, be in effect for more than 6 years. + (D) Limitation.-- + (i) In general.--Except as provided in clause (ii), the + Commission may not conduct an investigation under + subparagraph (B)(i) if-- + + (I) the subject matter of the investigation is the + same as the subject matter of a previous investigation + conducted under subparagraph (B)(i); and + (II) less than 1 year has elapsed since the + Commission made its report to the President of the + results of such previous investigation. + + (ii) Exception.--Clause (i) shall not apply with + respect to an investigation if the Commission determines + good cause exists to conduct the investigation. (e) Regulations.--The Commission and the Secretary of Transportation are authorized to promulgate such rules and regulations as may be necessary to carry out this subtitle. - -SEC. 325. CONFIDENTIAL BUSINESS INFORMATION. - + SEC. 325. CONFIDENTIAL BUSINESS INFORMATION. Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence by striking ``and title III of the United States-Panama Trade Promotion Agreement Implementation Act'' and inserting ``, title III of the United States-Panama Trade Promotion Agreement Implementation Act, and subtitle C of title III of the United States-Mexico-Canada Agreement Implementation Act''. - -SEC. 326. CONFORMING AMENDMENTS. - + SEC. 326. CONFORMING AMENDMENTS. (a) Registration of Motor Carriers.--Section 13902 of title 49, United States Code, is amended by inserting at the end the following: ``(j) Mexico-Domiciled Motor Carriers.--Notwithstanding any other @@ -2997,9 +2699,7 @@ imposing limitations on existing registrations of Mexico-domiciled motor carriers of cargo to operate beyond the municipalities along the United States-Mexico international border and the commercial zones of those municipalities as directed.''. - -SEC. 327. SURVEY OF OPERATING AUTHORITIES. - + SEC. 327. SURVEY OF OPERATING AUTHORITIES. The Department of Transportation shall undertake a survey of all existing grants of operating authority to, and pending applications for operating authority from, all Mexico-domiciled motor property carriers @@ -3019,403 +2719,354 @@ Transportation of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate. TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES - Subtitle A--Preventing Duty Evasion -SEC. 401. COOPERATION ON DUTY EVASION. - + SEC. 401. COOPERATION ON DUTY EVASION. Section 414(b) of the Enforce and Protect Act of 2015 (19 U.S.C. 4374(b)) is amended-- - (1) by inserting ``or a party to the USMCA (as defined in - section 3 of the United States-Mexico-Canada Agreement - Implementation Act)'' after ``subsection (a)''; and - (2) by inserting ``or the USMCA, as the case may be,'' - after ``the bilateral agreement''. + (1) by inserting ``or a party to the USMCA (as defined in + section 3 of the United States-Mexico-Canada Agreement + Implementation Act)'' after ``subsection (a)''; and + (2) by inserting ``or the USMCA, as the case may be,'' after + ``the bilateral agreement''. Subtitle B--Dispute Settlement [reserved] - Subtitle C--Conforming Amendments -SEC. 421. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING DUTY - CASES. - + SEC. 421. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING + DUTY CASES. Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended-- - (1) in subsection (a)-- - (A) in paragraph (2)(B)(vii), by striking ``the - Tariff Act of 1930'' and inserting ``this Act''; and - (B) in paragraph (5)(D)(i), by striking ``article - 1904 of the NAFTA'' and inserting ``article 10.12 of - the USMCA''; - (2) in subsection (b)(3)-- - (A) in the paragraph heading, by striking ``nafta - or united states-canada'' and inserting ``united - states-canada or usmca''; and - (B) in the text, by striking ``of the NAFTA or of + (1) in subsection (a)-- + (A) in paragraph (2)(B)(vii), by striking ``the Tariff Act + of 1930'' and inserting ``this Act''; and + (B) in paragraph (5)(D)(i), by striking ``article 1904 of + the NAFTA'' and inserting ``article 10.12 of the USMCA''; + (2) in subsection (b)(3)-- + (A) in the paragraph heading, by striking ``nafta or united + states-canada'' and inserting ``united states-canada or + usmca''; and + (B) in the text, by striking ``of the NAFTA or of the + Agreement'' and inserting ``of the Agreement or article 10.12 + of the USMCA''; + (3) in subsection (f)-- + (A) in paragraph (6)(A), by striking ``article 1908 of the + NAFTA'' and inserting ``article 10.16 of the USMCA''; + (B) in paragraph (7)(A), by striking ``article 1908 of the + NAFTA'' and inserting ``article 10.16 of the USMCA''; + (C) by striking paragraph (8); + (D) by redesignating paragraphs (9) and (10) as paragraphs + (8) and (9), respectively; + (E) in paragraph (9), as redesignated by subparagraph (D), + by striking subparagraphs (A) and (B) and inserting the + following: + ``(A) Canada for such time as the USMCA is in force with + respect to, and the United States applies the USMCA to, Canada. + ``(B) Mexico for such time as the USMCA is in force with + respect to, and the United States applies the USMCA to, + Mexico.''; and + (F) by adding at the end the following: + ``(10) USMCA.--The term `USMCA' has the meaning given that term + in section 3 of the United States-Mexico-Canada Agreement + Implementation Act.''; + (4) in subsection (g)-- + (A) in paragraph (2), in the matter preceding subparagraph + (A), by striking ``of the NAFTA or of the Agreement'' and + inserting ``of the Agreement or article 10.12 of the USMCA''; + (B) in paragraph (3)(A)-- + (i) in clause (i), by striking ``of the NAFTA or of the + Agreement.'' and inserting ``of the Agreement or article + 10.12 of the USMCA;''; + (ii) in clause (iii), by striking ``the NAFTA or of the + Agreement'' and inserting ``the Agreement or the USMCA''; + (iii) in clause (v), by striking ``paragraph 12 of + article 1905 of the NAFTA'' and inserting ``article 10.13 + of the USMCA''; and + (iv) in clause (vi), by striking ``paragraph 12 of + article 1905 of the NAFTA'' and inserting ``article 10.13 + of the USMCA''; + (C) in paragraph (4)(A), by striking ``the North American + Free Trade Agreement'' and all that follows through ``chapter + 19 of the Agreement'' and inserting ``the United States-Canada + Free-Trade Agreement Implementation Act of 1988 implementing + the binational panel dispute settlement system under chapter 19 + of the Agreement, or the United States-Mexico-Canada Agreement + Implementation Act implementing the binational panel dispute + settlement system under chapter 10 of the USMCA''; + (D) in paragraph (5)-- + (i) in subparagraph (A), by striking ``of the NAFTA or + of the Agreement'' and inserting ``of the Agreement or + article 10.12 of the USMCA''; + (ii) in subparagraph (B), by striking ``of the NAFTA or + of the Agreement'' and inserting ``of the Agreement or + article 10.12 of the USMCA''; and + (iii) in subparagraph (C)-- + + (I) in clause (i), by striking ``of the NAFTA or of the Agreement'' and inserting ``of the Agreement or - article 10.12 of the USMCA''; - (3) in subsection (f)-- - (A) in paragraph (6)(A), by striking ``article 1908 - of the NAFTA'' and inserting ``article 10.16 of the - USMCA''; - (B) in paragraph (7)(A), by striking ``article 1908 - of the NAFTA'' and inserting ``article 10.16 of the - USMCA''; - (C) by striking paragraph (8); - (D) by redesignating paragraphs (9) and (10) as - paragraphs (8) and (9), respectively; - (E) in paragraph (9), as redesignated by - subparagraph (D), by striking subparagraphs (A) and (B) - and inserting the following: - ``(A) Canada for such time as the USMCA is in force - with respect to, and the United States applies the - USMCA to, Canada. - ``(B) Mexico for such time as the USMCA is in force - with respect to, and the United States applies the - USMCA to, Mexico.''; and - (F) by adding at the end the following: - ``(10) USMCA.--The term `USMCA' has the meaning given that - term in section 3 of the United States-Mexico-Canada Agreement - Implementation Act.''; - (4) in subsection (g)-- - (A) in paragraph (2), in the matter preceding - subparagraph (A), by striking ``of the NAFTA or of the - Agreement'' and inserting ``of the Agreement or article - 10.12 of the USMCA''; - (B) in paragraph (3)(A)-- - (i) in clause (i), by striking ``of the - NAFTA or of the Agreement.'' and inserting ``of - the Agreement or article 10.12 of the USMCA;''; - (ii) in clause (iii), by striking ``the - NAFTA or of the Agreement'' and inserting ``the - Agreement or the USMCA''; - (iii) in clause (v), by striking - ``paragraph 12 of article 1905 of the NAFTA'' - and inserting ``article 10.13 of the USMCA''; - and - (iv) in clause (vi), by striking - ``paragraph 12 of article 1905 of the NAFTA'' - and inserting ``article 10.13 of the USMCA''; - (C) in paragraph (4)(A), by striking ``the North - American Free Trade Agreement'' and all that follows - through ``chapter 19 of the Agreement'' and inserting - ``the United States-Canada Free-Trade Agreement - Implementation Act of 1988 implementing the binational - panel dispute settlement system under chapter 19 of the - Agreement, or the United States-Mexico-Canada Agreement - Implementation Act implementing the binational panel - dispute settlement system under chapter 10 of the - USMCA''; - (D) in paragraph (5)-- - (i) in subparagraph (A), by striking ``of - the NAFTA or of the Agreement'' and inserting - ``of the Agreement or article 10.12 of the - USMCA''; - (ii) in subparagraph (B), by striking ``of - the NAFTA or of the Agreement'' and inserting - ``of the Agreement or article 10.12 of the - USMCA''; and - (iii) in subparagraph (C)-- - (I) in clause (i), by striking ``of - the NAFTA or of the Agreement'' and - inserting ``of the Agreement or article - 10.12 of the USMCA''; and - (II) in clause (iii), by striking - ``of the NAFTA or of the Agreement'' - and inserting ``of the Agreement or - chapter 10 of the USMCA''; - (E) in paragraph (6), by striking ``of the NAFTA or - of the Agreement'' and inserting ``of the Agreement or - article 10.12 of the USMCA''; - (F) in paragraph (7)-- - (i) in the paragraph heading, by striking - ``of the nafta or the agreement'' and inserting - ``of the agreement or article 10.12 of the - usmca''; and - (ii) in subparagraph (A), by striking ``the - NAFTA or the Agreement'' and inserting - ``article 1904 of the Agreement or article - 10.12 of the USMCA''; - (G) in paragraph (8)-- - (i) in subparagraph (A)-- - (I) in clause (i), by striking ``of - the NAFTA or of the Agreement'' and - inserting ``of the Agreement or article - 10.12 of the USMCA''; and - (II) in clause (ii)-- - (aa) in the clause heading, - by striking ``nafta'' and - inserting ``usmca''; and - (bb) in the text, by - striking ``paragraph 11(a) of - article 1905 of the NAFTA'' and - inserting ``article 10.13 of - the USMCA''; and - (ii) in subparagraph (C), by striking ``of - the NAFTA or the Agreement'' and inserting ``of - the Agreement or article 10.12 of the USMCA''; - (H) in paragraph (9), by striking ``of the NAFTA or + article 10.12 of the USMCA''; and + (II) in clause (iii), by striking ``of the NAFTA or of the Agreement'' and inserting ``of the Agreement or chapter 10 of the USMCA''; - (I) in paragraph (10), by striking ``the NAFTA or - the Agreement'' and inserting ``the Agreement or under - article 10.12 of the USMCA''; - (J) by striking paragraph (11) and inserting the - following: - ``(11) Suspension and termination of suspension of article - 10.12 of the usmca.-- - ``(A) Suspension.--If a special committee - established under article 10.13 of the USMCA issues an - affirmative finding, the Trade Representative may, in - accordance with article 10.13 of the USMCA, suspend the - operation of article 10.12 of the USMCA. - ``(B) Termination of suspension.--If a special - committee is reconvened and makes an affirmative - determination described in article 10.13 of the USMCA, - any suspension of the operation of article 10.12 of the - USMCA shall terminate.''; and - (K) in paragraph (12)-- - (i) in the paragraph heading, by striking - ``nafta'' and inserting ``usmca''; - (ii) by striking subparagraph (A) and - inserting the following: - ``(A) Notice of suspension or termination of - suspension of article 10.12 of the usmca.-- - ``(i) Notice of suspension.--Upon - notification by the Trade Representative or the - government of a country described in - subparagraph (A) or (B) of subsection (f)(9) - that the operation of article 10.12 of the - USMCA has been suspended in accordance with - article 10.13 of the USMCA, the United States - Secretary shall publish in the Federal Register - a notice of suspension of article 10.12 of the - USMCA. - ``(ii) Notice of termination of - suspension.--Upon notification by the Trade - Representative or the government of a country - described in subparagraph (A) or (B) of - subsection (f)(9) that the suspension of the - operation of article 10.12 of the USMCA is - terminated in accordance with article 10.13 of - the USMCA, the United States Secretary shall - publish in the Federal Register a notice of - termination of suspension of article 10.12 of - the USMCA.''; - (iii) in subparagraph (B)-- - (I) in the subparagraph heading, by - striking ``article 1904'' and inserting - ``article 10.12 of the usmca''; and - (II) in the matter preceding clause - (i), by striking ``If'' and all that - follows through ``NAFTA--'' and - inserting the following: ``If the - operation of article 10.12 of the USMCA - is suspended in accordance with article - 10.13 of the USMCA--''; - (iv) in subparagraph (C)-- - (I) in clause (i)-- - (aa) in the matter - preceding subclause (I), by - striking ``if the United - States'' and all that follows - through ``NAFTA--'' and - inserting the following: ``if - the United States made an - allegation under article 10.13 - of the USMCA and the operation - of article 10.12 of the USMCA - was suspended pursuant to - article 10.13 of the USMCA--''; - and - (bb) in subclause (I), by - striking ``subsection - (f)(10)(A) or (B)'' and - inserting ``subparagraph (A) or - (B) of subsection (f)(9)''; and - (II) in clause (ii), in the matter - preceding subclause (I), by striking - ``if a country'' and all that follows - through ``NAFTA--'' and inserting the - following: ``if a country described in - subparagraph (A) or (B) of subsection - (f)(9) made an allegation under article - 10.13 of the USMCA and the operation of - article 10.12 of the USMCA was - suspended pursuant to article 10.13 of - the USMCA--''; and - (v) in subparagraph (D)(i), by striking ``a - country described'' and all that follows - through ``NAFTA'' and inserting ``a country - described in subparagraph (A) or (B) of - subsection (f)(9) pursuant to article 10.13 of - the USMCA''. - -SEC. 422. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF THE TARIFF ACT - OF 1930. + (E) in paragraph (6), by striking ``of the NAFTA or of the + Agreement'' and inserting ``of the Agreement or article 10.12 + of the USMCA''; + (F) in paragraph (7)-- + (i) in the paragraph heading, by striking ``of the + nafta or the agreement'' and inserting ``of the agreement + or article 10.12 of the usmca''; and + (ii) in subparagraph (A), by striking ``the NAFTA or + the Agreement'' and inserting ``article 1904 of the + Agreement or article 10.12 of the USMCA''; + (G) in paragraph (8)-- + (i) in subparagraph (A)-- + + (I) in clause (i), by striking ``of the NAFTA or of + the Agreement'' and inserting ``of the Agreement or + article 10.12 of the USMCA''; and + (II) in clause (ii)-- + + (aa) in the clause heading, by striking + ``nafta'' and inserting ``usmca''; and + (bb) in the text, by striking ``paragraph 11(a) + of article 1905 of the NAFTA'' and inserting + ``article 10.13 of the USMCA''; and + (ii) in subparagraph (C), by striking ``of the NAFTA or + the Agreement'' and inserting ``of the Agreement or article + 10.12 of the USMCA''; + (H) in paragraph (9), by striking ``of the NAFTA or of the + Agreement'' and inserting ``of the Agreement or chapter 10 of + the USMCA''; + (I) in paragraph (10), by striking ``the NAFTA or the + Agreement'' and inserting ``the Agreement or under article + 10.12 of the USMCA''; + (J) by striking paragraph (11) and inserting the following: + ``(11) Suspension and termination of suspension of article + 10.12 of the usmca.-- + ``(A) Suspension.--If a special committee established under + article 10.13 of the USMCA issues an affirmative finding, the + Trade Representative may, in accordance with article 10.13 of + the USMCA, suspend the operation of article 10.12 of the USMCA. + ``(B) Termination of suspension.--If a special committee is + reconvened and makes an affirmative determination described in + article 10.13 of the USMCA, any suspension of the operation of + article 10.12 of the USMCA shall terminate.''; and + (K) in paragraph (12)-- + (i) in the paragraph heading, by striking ``nafta'' and + inserting ``usmca''; + (ii) by striking subparagraph (A) and inserting the + following: + ``(A) Notice of suspension or termination of suspension of + article 10.12 of the usmca.-- + ``(i) Notice of suspension.--Upon notification by the + Trade Representative or the government of a country + described in subparagraph (A) or (B) of subsection (f)(9) + that the operation of article 10.12 of the USMCA has been + suspended in accordance with article 10.13 of the USMCA, + the United States Secretary shall publish in the Federal + Register a notice of suspension of article 10.12 of the + USMCA. + ``(ii) Notice of termination of suspension.--Upon + notification by the Trade Representative or the government + of a country described in subparagraph (A) or (B) of + subsection (f)(9) that the suspension of the operation of + article 10.12 of the USMCA is terminated in accordance with + article 10.13 of the USMCA, the United States Secretary + shall publish in the Federal Register a notice of + termination of suspension of article 10.12 of the USMCA.''; + (iii) in subparagraph (B)-- + + (I) in the subparagraph heading, by striking + ``article 1904'' and inserting ``article 10.12 of the + usmca''; and + (II) in the matter preceding clause (i), by + striking ``If'' and all that follows through ``NAFTA-- + '' and inserting the following: ``If the operation of + article 10.12 of the USMCA is suspended in accordance + with article 10.13 of the USMCA--''; + + (iv) in subparagraph (C)-- + + (I) in clause (i)-- + + (aa) in the matter preceding subclause (I), by + striking ``if the United States'' and all that + follows through ``NAFTA--'' and inserting the + following: ``if the United States made an + allegation under article 10.13 of the USMCA and the + operation of article 10.12 of the USMCA was + suspended pursuant to article 10.13 of the USMCA-- + ''; and + (bb) in subclause (I), by striking ``subsection + (f)(10)(A) or (B)'' and inserting ``subparagraph + (A) or (B) of subsection (f)(9)''; and + + (II) in clause (ii), in the matter preceding + subclause (I), by striking ``if a country'' and all + that follows through ``NAFTA--'' and inserting the + following: ``if a country described in subparagraph (A) + or (B) of subsection (f)(9) made an allegation under + article 10.13 of the USMCA and the operation of article + 10.12 of the USMCA was suspended pursuant to article + 10.13 of the USMCA--''; and + + (v) in subparagraph (D)(i), by striking ``a country + described'' and all that follows through ``NAFTA'' and + inserting ``a country described in subparagraph (A) or (B) + of subsection (f)(9) pursuant to article 10.13 of the + USMCA''. + SEC. 422. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF THE TARIFF + ACT OF 1930. (a) Disclosure of Proprietary Information Under Protective Orders.--Section 777(f) of the Tariff Act of 1930 (19 U.S.C. 1677f(f)) is amended-- - (1) in the subsection heading, by striking ``North American - Free Trade Agreement or the United States-Canada Agreement'' - and inserting ``the United States-Canada Agreement or the - USMCA''; - (2) in paragraph (1)-- - (A) in subparagraph (A), by striking ``article 1904 - of the NAFTA'' and all that follows through ``, the - administering authority'' and inserting ``article 1904 - of the United States-Canada Agreement or article 10.12 - of the USMCA, or an extraordinary challenge committee - is convened under Annex 1904.13 of the United States- - Canada Agreement or chapter 10 of the USMCA, the - administering authority''; and - (B) in subparagraph (B), by striking ``chapter 19 - of the NAFTA or the Agreement'' each place it appears - and inserting ``chapter 19 of the Agreement or chapter - 10 of the USMCA''; - (3) in paragraph (3), by striking ``the NAFTA or the United - States-Canada Agreement'' and inserting ``article 1904 of the - United States-Canada Agreement or article 10.12 of the USMCA''; - (4) in paragraph (4), by striking ``section 402(b) of the - North American Free Trade Agreement Implementation Act'' and - inserting ``section 412(b) of the United States-Mexico-Canada - Agreement Implementation Act''; and - (5) by striking ``section 516A(f)(10)'' each place it - appears and inserting ``section 516A(f)(9)''. + (1) in the subsection heading, by striking ``North American + Free Trade Agreement or the United States-Canada Agreement'' and + inserting ``the United States-Canada Agreement or the USMCA''; + (2) in paragraph (1)-- + (A) in subparagraph (A), by striking ``article 1904 of the + NAFTA'' and all that follows through ``, the administering + authority'' and inserting ``article 1904 of the United States- + Canada Agreement or article 10.12 of the USMCA, or an + extraordinary challenge committee is convened under Annex + 1904.13 of the United States-Canada Agreement or chapter 10 of + the USMCA, the administering authority''; and + (B) in subparagraph (B), by striking ``chapter 19 of the + NAFTA or the Agreement'' each place it appears and inserting + ``chapter 19 of the Agreement or chapter 10 of the USMCA''; + (3) in paragraph (3), by striking ``the NAFTA or the United + States-Canada Agreement'' and inserting ``article 1904 of the + United States-Canada Agreement or article 10.12 of the USMCA''; + (4) in paragraph (4), by striking ``section 402(b) of the North + American Free Trade Agreement Implementation Act'' and inserting + ``section 412(b) of the United States-Mexico-Canada Agreement + Implementation Act''; and + (5) by striking ``section 516A(f)(10)'' each place it appears + and inserting ``section 516A(f)(9)''. (b) Definition.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by striking paragraph (22) and inserting the following: - ``(22) USMCA.--The term `USMCA' has the meaning given that - term in section 3 of the United States-Mexico-Canada Agreement - Implementation Act.''. - -SEC. 423. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE. - + ``(22) USMCA.--The term `USMCA' has the meaning given that term + in section 3 of the United States-Mexico-Canada Agreement + Implementation Act.''. + SEC. 423. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE. (a) Court of International Trade.--Chapter 95 of title 28, United States Code, is amended-- - (1) in section 1581(i)-- - (A) by redesignating paragraphs (1) through (4) as - subparagraphs (A) through (D), respectively; - (B) by inserting ``(1)'' after ``(i)''; - (C) in subparagraph (D), as redesignated by - subparagraph (A), by striking ``paragraphs (1)-(3) of - this subsection'' and inserting ``subparagraphs (A) - through (C) of this paragraph''; and - (D) by striking the flush text and inserting the - following: + (1) in section 1581(i)-- + (A) by redesignating paragraphs (1) through (4) as + subparagraphs (A) through (D), respectively; + (B) by inserting ``(1)'' after ``(i)''; + (C) in subparagraph (D), as redesignated by subparagraph + (A), by striking ``paragraphs (1)-(3) of this subsection'' and + inserting ``subparagraphs (A) through (C) of this paragraph''; + and + (D) by striking the flush text and inserting the following: ``(2) This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable by-- - ``(A) the Court of International Trade under section - 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)); or - ``(B) a binational panel under section 516A(g) of the - Tariff Act of 1930 (19 U.S.C. 1516a(g)).''; - (2) in section 1584, by striking the section heading and - inserting the following: + ``(A) the Court of International Trade under section 516A(a) of + the Tariff Act of 1930 (19 U.S.C. 1516a(a)); or + ``(B) a binational panel under section 516A(g) of the Tariff + Act of 1930 (19 U.S.C. 1516a(g)).''; + (2) in section 1584, by striking the section heading and + inserting the following: ``Sec. 1584. Civil actions under the United States-Canada Free-Trade - Agreement or the USMCA''; - and - (3) in the table of sections at the beginning of the - chapter, by striking the item relating to section 1584 and - inserting the following: + Agreement or the USMCA''; + and + (3) in the table of sections at the beginning of the chapter, + by striking the item relating to section 1584 and inserting the + following: ``1584. Civil actions under the United States-Canada Free-Trade - Agreement or the USMCA.''. + Agreement or the USMCA.''. + (b) Particular Proceedings.--Sections 2201(a) and 2643(c)(5) of title 28, United States Code, are each amended by striking ``section 516A(f)(10)'' and inserting ``section 516A(f)(9)''. Subtitle D--General Provisions -SEC. 431. EFFECT OF TERMINATION OF USMCA COUNTRY STATUS. - + SEC. 431. EFFECT OF TERMINATION OF USMCA COUNTRY STATUS. (a) In General.--Except as provided in subsection (b), on the date on which a country ceases to be a USMCA country, the provisions of this title (other than this section) and the amendments made by this title shall cease to have effect with respect to that country. (b) Transition Provisions.-- - (1) Proceedings regarding protective orders and - undertakings.--If on the date on which a country ceases to be a - USMCA country an investigation or enforcement proceeding - concerning the violation of a protective order issued under - section 777(f) of the Tariff Act of 1930 (as amended by this - title) or an undertaking of the government of that country is - pending, the investigation or proceeding shall continue, and - sanctions may continue to be imposed, in accordance with the - provisions of such section 777(f) (as so amended). - (2) Binational panel and extraordinary challenge committee - reviews.--If on the date on which a country ceases to be a - USMCA country-- - (A) a binational panel review under article 10.12 - of the USMCA is pending, or has been requested, or - (B) an extraordinary challenge committee review - under that article is pending, or has been requested, - with respect to a determination which involves a class or kind - of merchandise and to which subsection (g)(2) of section 516A - of the Tariff Act of 1930 (19 U.S.C. 1516a) applies, such - determination shall be reviewable under subsection (a) of that - section. In the case of a determination to which the provisions - of this paragraph apply, the time limits for commencing an - action under 516A(a) of the Tariff Act of 1930 shall not begin - to run until the date on which the USMCA ceases to be in force - with respect to that country. - -SEC. 432. EFFECTIVE DATE. - + (1) Proceedings regarding protective orders and undertakings.-- + If on the date on which a country ceases to be a USMCA country an + investigation or enforcement proceeding concerning the violation of + a protective order issued under section 777(f) of the Tariff Act of + 1930 (as amended by this title) or an undertaking of the government + of that country is pending, the investigation or proceeding shall + continue, and sanctions may continue to be imposed, in accordance + with the provisions of such section 777(f) (as so amended). + (2) Binational panel and extraordinary challenge committee + reviews.--If on the date on which a country ceases to be a USMCA + country-- + (A) a binational panel review under article 10.12 of the + USMCA is pending, or has been requested, or + (B) an extraordinary challenge committee review under that + article is pending, or has been requested, + with respect to a determination which involves a class or kind of + merchandise and to which subsection (g)(2) of section 516A of the + Tariff Act of 1930 (19 U.S.C. 1516a) applies, such determination + shall be reviewable under subsection (a) of that section. In the + case of a determination to which the provisions of this paragraph + apply, the time limits for commencing an action under 516A(a) of + the Tariff Act of 1930 shall not begin to run until the date on + which the USMCA ceases to be in force with respect to that country. + SEC. 432. EFFECTIVE DATE. The provisions of this title and the amendments made by this title shall take effect on the date on which the USMCA enters into force, but shall not apply-- - (1) to any final determination described in paragraph - (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of - section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) - notice of which is published in the Federal Register before - such date, or to a determination described in paragraph - (2)(B)(vi) of that section notice of which is received by the - Government of Canada or Mexico before such date; or - (2) to any binational panel review under NAFTA, or any - extraordinary challenge arising out of any such review, that - was commenced before such date. + (1) to any final determination described in paragraph (1)(B) or + clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) + of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is + published in the Federal Register before such date, or to a + determination described in paragraph (2)(B)(vi) of that section + notice of which is received by the Government of Canada or Mexico + before such date; or + (2) to any binational panel review under NAFTA, or any + extraordinary challenge arising out of any such review, that was + commenced before such date. TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS -SEC. 501. DRAWBACK. - + SEC. 501. DRAWBACK. (a) Clerical Amendment.--Section 208 of this Act is amended in the section heading by striking ``[reserved]''. (b) USMCA Drawback.--Subsection (a) of section 203 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3333) is-- - (1) transferred to section 208 of this Act; - (2) inserted after the section heading for that section (as - amended by subsection (a)); and - (3) amended-- - (A) by striking ``NAFTA country'' each place it - appears and inserting ``USMCA country''; - (B) in the subsection heading, by striking - ``NAFTA'' and inserting ``USMCA''; - (C) in the matter preceding paragraph (1)-- - (i) by striking ``and the amendments made - by subsection (b)''; and - (ii) by striking ``NAFTA drawback'' and - inserting ``USMCA drawback''; - (D) in paragraph (2)-- - (i) in subparagraph (A), by inserting - ``sorting, marking,'' after ``repacking,''; and - (ii) in subparagraph (B), by striking - ``paragraph 12 of section A of Annex 703.2 of - the Agreement'' and inserting ``paragraph 11 of - Annex 3-B of the USMCA''; and - (E) by amending paragraph (6) to read as follows: - ``(6) A good provided for in subheading 1701.13.20 or - 1701.14.20 of the HTS that is imported under any re-export - program or any like program and that is-- - ``(A) used as a material, or - ``(B) substituted for by a good of the same kind - and quality that is used as a material, - in the production of a good provided for in existing Canadian - tariff item 1701.99.00 or existing Mexican tariff item - 1701.99.01, 1701.99.02, or 1701.99.99 (relating to refined - sugar).''. + (1) transferred to section 208 of this Act; + (2) inserted after the section heading for that section (as + amended by subsection (a)); and + (3) amended-- + (A) by striking ``NAFTA country'' each place it appears and + inserting ``USMCA country''; + (B) in the subsection heading, by striking ``NAFTA'' and + inserting ``USMCA''; + (C) in the matter preceding paragraph (1)-- + (i) by striking ``and the amendments made by subsection + (b)''; and + (ii) by striking ``NAFTA drawback'' and inserting + ``USMCA drawback''; + (D) in paragraph (2)-- + (i) in subparagraph (A), by inserting ``sorting, + marking,'' after ``repacking,''; and + (ii) in subparagraph (B), by striking ``paragraph 12 of + section A of Annex 703.2 of the Agreement'' and inserting + ``paragraph 11 of Annex 3-B of the USMCA''; and + (E) by amending paragraph (6) to read as follows: + ``(6) A good provided for in subheading 1701.13.20 or + 1701.14.20 of the HTS that is imported under any re-export program + or any like program and that is-- + ``(A) used as a material, or + ``(B) substituted for by a good of the same kind and + quality that is used as a material, + in the production of a good provided for in existing Canadian + tariff item 1701.99.00 or existing Mexican tariff item 1701.99.01, + 1701.99.02, or 1701.99.99 (relating to refined sugar).''. (c) Same Kind and Quality.--Section 208 of this Act, as amended by subsection (b), is further amended by adding at the end the following: ``(b) Same Kind and Quality.--For purposes of paragraphs @@ -3424,527 +3075,493 @@ purposes of obtaining refunds, waivers, or reductions of customs duties with respect to a good subject to USMCA drawback under section 313(n)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(n)(2)), a good is a good of the same kind and quality as another good-- - ``(1) for a good described in such paragraph (6)(B), if the - good would have been considered of the same kind and quality as - the other good on the day before the date on which the USMCA - enters into force; or - ``(2) for other goods if-- - ``(A) the good is classified under the same 8-digit - HTS subheading number as the other good; or - ``(B) drawback would be allowed with respect to the - goods under subsection (b)(4), (j)(1), or (p) of - section 313 of the Tariff Act of 1930 (19 U.S.C. - 1313).''. + ``(1) for a good described in such paragraph (6)(B), if the + good would have been considered of the same kind and quality as the + other good on the day before the date on which the USMCA enters + into force; or + ``(2) for other goods if-- + ``(A) the good is classified under the same 8-digit HTS + subheading number as the other good; or + ``(B) drawback would be allowed with respect to the goods + under subsection (b)(4), (j)(1), or (p) of section 313 of the + Tariff Act of 1930 (19 U.S.C. 1313).''. (d) Certain Fees; Inapplicability to Countervailing and Antidumping Duties.--Subsections (d) and (e) of section 203 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3333) are-- - (1) transferred to section 208 of this Act; - (2) inserted after subsection (b) of section 208 (as added - by subsection (c)); - (3) redesignated as subsections (c) and (d), respectively; - and - (4) amended, in subsection (c) (as redesignated by - paragraph (3)), by striking ``exported to'' and all that - follows through the period at the end and inserting ``exported - to a USMCA country.''. + (1) transferred to section 208 of this Act; + (2) inserted after subsection (b) of section 208 (as added by + subsection (c)); + (3) redesignated as subsections (c) and (d), respectively; and + (4) amended, in subsection (c) (as redesignated by paragraph + (3)), by striking ``exported to'' and all that follows through the + period at the end and inserting ``exported to a USMCA country.''. (e) Conforming Amendments.-- - (1) Bonded manufacturing warehouses.--Section 311 of the - Tariff Act of 1930 (19 U.S.C. 1311) is amended, in the eleventh - paragraph-- - (A) by striking ``NAFTA'' each place it appears; - (B) by striking ``section 203(a) of the North - American Free Trade Agreement Implementation Act'' and - inserting ``section 208(a) of the United States-Mexico- - Canada Agreement Implementation Act''; and - (C) by striking ``section 2(4) of that Act'' and - inserting ``section 3 of that Act''. - (2) Bonded smelting and refining warehouses.--Section 312 - of the Tariff Act of 1930 (19 U.S.C. 1312) is amended, in - subsections (b) and (d)-- - (A) by striking ``NAFTA'' each place it appears and - inserting ``USMCA''; - (B) by striking ``section 2(4) of the North - American Free Trade Agreement Implementation Act'' each - place it appears and inserting ``section 3 of the - United States-Mexico-Canada Agreement Implementation - Act''; and - (C) by striking ``section 203(a) of that Act'' each - place it appears and inserting ``section 208(a) of that - Act''. - (3) Drawback and refunds.--Section 313 of the Tariff Act of - 1930 (19 U.S.C. 1313) is amended-- - (A) in subsection (j)(4), by striking subparagraph - (A) and inserting the following: - ``(A)(i) Effective upon the entry into force of the USMCA, - the exportation to a USMCA country of merchandise that is - fungible with and substituted for imported merchandise, other - than merchandise described in paragraphs (1) through (8) of - section 208(a) of the United States-Mexico-Canada Agreement - Implementation Act, shall not constitute an exportation for - purposes of paragraph (2). - ``(ii) In this subparagraph, the terms `USMCA' and `USMCA - country' have the meanings given those terms in section 3 of - the United States-Mexico-Canada Agreement Implementation - Act.''; - (B) in subsection (n)-- - (i) in paragraph (1), by striking - subparagraphs (A) and (B) and inserting the - following: - ``(A) the term `USMCA country' has the meaning given that - term in section 3 of the United States-Mexico-Canada Agreement - Implementation Act; - ``(B) the term `good subject to USMCA drawback' has the - meaning given that term in section 208(a) of the United States- - Mexico-Canada Agreement Implementation Act;''; and - (ii) in paragraphs (2) and (3), by striking - ``NAFTA'' each place it appears and inserting - ``USMCA''; and - (C) in subsection (o), by striking ``NAFTA'' each - place it appears and inserting ``USMCA''. - (4) Manipulation in warehouse.--Section 562 of the Tariff - Act of 1930 (19 U.S.C. 1562) is amended-- - (A) by striking paragraph (1) and inserting the - following: - ``(1) without payment of duties for exportation to a USMCA - country, as defined in section 3 of the United States-Mexico- - Canada Agreement Implementation Act, if the merchandise is of a - kind described in any of paragraphs (1) through (8) of section - 208(a) of that Act;''; - (B) in paragraph (2)-- - (i) by striking ``section 203(a) of that - Act'' and inserting ``section 208(a) of that - Act''; and - (ii) by striking ``NAFTA'' each place it - appears and inserting ``USMCA''; and - (C) in paragraphs (3) and (4), by striking - ``NAFTA'' each place it appears and inserting - ``USMCA''. - (5) Foreign trade zones.--Section 3(a)(2) of the Act of - June 18, 1934 (commonly known as the ``Foreign Trade Zones - Act'') (19 U.S.C. 81c(a)(2)) is amended, in the flush text-- - (A) by striking ``goods subject to NAFTA drawback, - as defined in section 203(a) of the North American Free - Trade Agreement Implementation Act'' and inserting - ``goods subject to USMCA drawback, as defined in - section 208(a) of the United States-Mexico-Canada - Agreement Implementation Act''; - (B) by striking ``a NAFTA country, as defined in - section 2(4) of that Act'' and inserting ``a USMCA - country, as defined in section 3 of that Act''; and - (C) by striking ``NAFTA'' each place it appears and - inserting ``USMCA''. + (1) Bonded manufacturing warehouses.--Section 311 of the Tariff + Act of 1930 (19 U.S.C. 1311) is amended, in the eleventh + paragraph-- + (A) by striking ``NAFTA'' each place it appears; + (B) by striking ``section 203(a) of the North American Free + Trade Agreement Implementation Act'' and inserting ``section + 208(a) of the United States-Mexico-Canada Agreement + Implementation Act''; and + (C) by striking ``section 2(4) of that Act'' and inserting + ``section 3 of that Act''. + (2) Bonded smelting and refining warehouses.--Section 312 of + the Tariff Act of 1930 (19 U.S.C. 1312) is amended, in subsections + (b) and (d)-- + (A) by striking ``NAFTA'' each place it appears and + inserting ``USMCA''; + (B) by striking ``section 2(4) of the North American Free + Trade Agreement Implementation Act'' each place it appears and + inserting ``section 3 of the United States-Mexico-Canada + Agreement Implementation Act''; and + (C) by striking ``section 203(a) of that Act'' each place + it appears and inserting ``section 208(a) of that Act''. + (3) Drawback and refunds.--Section 313 of the Tariff Act of + 1930 (19 U.S.C. 1313) is amended-- + (A) in subsection (j)(4), by striking subparagraph (A) and + inserting the following: + ``(A)(i) Effective upon the entry into force of the USMCA, the + exportation to a USMCA country of merchandise that is fungible with + and substituted for imported merchandise, other than merchandise + described in paragraphs (1) through (8) of section 208(a) of the + United States-Mexico-Canada Agreement Implementation Act, shall not + constitute an exportation for purposes of paragraph (2). + ``(ii) In this subparagraph, the terms `USMCA' and `USMCA + country' have the meanings given those terms in section 3 of the + United States-Mexico-Canada Agreement Implementation Act.''; + (B) in subsection (n)-- + (i) in paragraph (1), by striking subparagraphs (A) and + (B) and inserting the following: + ``(A) the term `USMCA country' has the meaning given that term + in section 3 of the United States-Mexico-Canada Agreement + Implementation Act; + ``(B) the term `good subject to USMCA drawback' has the meaning + given that term in section 208(a) of the United States-Mexico- + Canada Agreement Implementation Act;''; and + (ii) in paragraphs (2) and (3), by striking ``NAFTA'' + each place it appears and inserting ``USMCA''; and + (C) in subsection (o), by striking ``NAFTA'' each place it + appears and inserting ``USMCA''. + (4) Manipulation in warehouse.--Section 562 of the Tariff Act + of 1930 (19 U.S.C. 1562) is amended-- + (A) by striking paragraph (1) and inserting the following: + ``(1) without payment of duties for exportation to a USMCA + country, as defined in section 3 of the United States-Mexico-Canada + Agreement Implementation Act, if the merchandise is of a kind + described in any of paragraphs (1) through (8) of section 208(a) of + that Act;''; + (B) in paragraph (2)-- + (i) by striking ``section 203(a) of that Act'' and + inserting ``section 208(a) of that Act''; and + (ii) by striking ``NAFTA'' each place it appears and + inserting ``USMCA''; and + (C) in paragraphs (3) and (4), by striking ``NAFTA'' each + place it appears and inserting ``USMCA''. + (5) Foreign trade zones.--Section 3(a)(2) of the Act of June + 18, 1934 (commonly known as the ``Foreign Trade Zones Act'') (19 + U.S.C. 81c(a)(2)) is amended, in the flush text-- + (A) by striking ``goods subject to NAFTA drawback, as + defined in section 203(a) of the North American Free Trade + Agreement Implementation Act'' and inserting ``goods subject to + USMCA drawback, as defined in section 208(a) of the United + States-Mexico-Canada Agreement Implementation Act''; + (B) by striking ``a NAFTA country, as defined in section + 2(4) of that Act'' and inserting ``a USMCA country, as defined + in section 3 of that Act''; and + (C) by striking ``NAFTA'' each place it appears and + inserting ``USMCA''. (f) Additional Clerical Amendment.--The table of contents for this Act is amended by striking the item relating to section 208 and inserting the following: ``Sec. 208. Drawback.''. - (g) Effective Date.-- - (1) In general.--Each transfer, redesignation, and - amendment made by subsections (b) through (e) shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to a good entered, or - withdrawn from warehouse for consumption, on or after - that date. - (2) Transition from nafta treatment.--In the case of a good - entered, or withdrawn from warehouse for consumption, before - the date on which the USMCA enters into force-- - (A) the amendments made by subsections (b) through - (e) shall not apply with respect to the good; and - (B) the provisions of law amended by such - subsections, as such provisions were in effect on the - day before that date, shall continue to apply on and - after that date with respect to the good. - -SEC. 502. RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION. + (g) Effective Date.-- + (1) In general.--Each transfer, redesignation, and amendment + made by subsections (b) through (e) shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to a good entered, or withdrawn from + warehouse for consumption, on or after that date. + (2) Transition from nafta treatment.--In the case of a good + entered, or withdrawn from warehouse for consumption, before the + date on which the USMCA enters into force-- + (A) the amendments made by subsections (b) through (e) + shall not apply with respect to the good; and + (B) the provisions of law amended by such subsections, as + such provisions were in effect on the day before that date, + shall continue to apply on and after that date with respect to + the good. + SEC. 502. RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION. (a) Clerical Amendment.--Subtitle A of title III of this Act is amended in the subtitle heading by striking ``[reserved]''. (b) Article Impact in Import Relief Cases.--Section 311 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3371) is-- - (1) transferred to subtitle A of title III of this Act; - (2) inserted after the heading (as amended by subsection - (a)) of such subtitle; - (3) redesignated as section 301; and - (4) amended-- - (A) in the section heading, by striking ``nafta'' - and inserting ``usmca''; - (B) in subsection (c), by striking ``section - 312(a)'' and inserting ``section 302(a)''; and - (C) by striking ``NAFTA'' each place it appears and - inserting ``USMCA''. + (1) transferred to subtitle A of title III of this Act; + (2) inserted after the heading (as amended by subsection (a)) + of such subtitle; + (3) redesignated as section 301; and + (4) amended-- + (A) in the section heading, by striking ``nafta'' and + inserting ``usmca''; + (B) in subsection (c), by striking ``section 312(a)'' and + inserting ``section 302(a)''; and + (C) by striking ``NAFTA'' each place it appears and + inserting ``USMCA''. (c) Presidential Action Regarding Imports.--Section 312 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3372) is-- - (1) transferred to subtitle A of title III of this Act; - (2) inserted after section 301 (as inserted and - redesignated by subsection (b)); - (3) redesignated as section 302; and - (4) amended-- - (A) in the section heading, by striking ``nafta'' - and inserting ``usmca''; - (B) in subsection (b), in the subsection heading, - by striking ``NAFTA'' and inserting ``USMCA''; - (C) in subsection (c), in the subsection heading, - by striking ``NAFTA'' and inserting ``USMCA''; and - (D) by striking ``NAFTA'' each place it appears and - inserting ``USMCA''. + (1) transferred to subtitle A of title III of this Act; + (2) inserted after section 301 (as inserted and redesignated by + subsection (b)); + (3) redesignated as section 302; and + (4) amended-- + (A) in the section heading, by striking ``nafta'' and + inserting ``usmca''; + (B) in subsection (b), in the subsection heading, by + striking ``NAFTA'' and inserting ``USMCA''; + (C) in subsection (c), in the subsection heading, by + striking ``NAFTA'' and inserting ``USMCA''; and + (D) by striking ``NAFTA'' each place it appears and + inserting ``USMCA''. (d) Additional Clerical Amendments.--The table of contents for this Act is amended by striking the item relating to subtitle A of title III and inserting the following: - ``Subtitle A--Relief From Injury Caused by Import Competition + ``Subtitle A--Relief From Injury Caused by Import Competition ``Sec. 301. USMCA article impact in import relief cases under the Trade - Act of 1974. + Act of 1974. ``Sec. 302. Presidential action regarding USMCA imports.''. - (e) Effective Date.-- - (1) In general.--Each transfer, redesignation, and - amendment made by this section shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to an investigation under - chapter 1 of title II of the Trade Act of 1974 (19 - U.S.C. 2251 et seq.) initiated on or after that date. - (2) Transition from nafta.--In the case of an investigation - under chapter 1 of title II of the Trade Act of 1974 initiated - before the date on which the USMCA enters into force-- - (A) the transfers, redesignations, and amendments - made by this section shall not apply with respect to - the investigation; and - (B) sections 311 and 312 of the North American Free - Trade Agreement Implementation Act (19 U.S.C. 3371 and - 3372), as in effect on the day before that date, shall - continue to apply on and after that date with respect - to the investigation. - -SEC. 503. TEMPORARY ENTRY. + (e) Effective Date.-- + (1) In general.--Each transfer, redesignation, and amendment + made by this section shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to an investigation under chapter 1 + of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) + initiated on or after that date. + (2) Transition from nafta.--In the case of an investigation + under chapter 1 of title II of the Trade Act of 1974 initiated + before the date on which the USMCA enters into force-- + (A) the transfers, redesignations, and amendments made by + this section shall not apply with respect to the investigation; + and + (B) sections 311 and 312 of the North American Free Trade + Agreement Implementation Act (19 U.S.C. 3371 and 3372), as in + effect on the day before that date, shall continue to apply on + and after that date with respect to the investigation. + SEC. 503. TEMPORARY ENTRY. (a) Clerical Amendment.--Subtitle B of title III of this Act is amended in the subtitle heading by striking ``[reserved]''. (b) Nonimmigrant Traders and Investors.--Section 341 of the North American Free Trade Agreement Implementation Act (Public Law 103-182; 107 Stat. 2116) is-- - (1) transferred to subtitle B of title III of this Act; - (2) inserted after the heading (as amended by subsection - (a)) of such subtitle; - (3) redesignated as section 311; and - (4) amended-- - (A) by striking subsections (b) and (c); - (B) by striking ``(a)'' and all that follows - through ``Upon'' and inserting ``Upon''; - (C) by striking ``the Agreement'' each place it - appears and inserting ``the USMCA''; - (D) by striking ``Annex 1603'' and inserting - ``Annex 16-A''; and - (E) by striking ``Annex 1608'' and inserting - ``article 16.1''. + (1) transferred to subtitle B of title III of this Act; + (2) inserted after the heading (as amended by subsection (a)) + of such subtitle; + (3) redesignated as section 311; and + (4) amended-- + (A) by striking subsections (b) and (c); + (B) by striking ``(a)'' and all that follows through + ``Upon'' and inserting ``Upon''; + (C) by striking ``the Agreement'' each place it appears and + inserting ``the USMCA''; + (D) by striking ``Annex 1603'' and inserting ``Annex 16- + A''; and + (E) by striking ``Annex 1608'' and inserting ``article + 16.1''. (c) Nonimmigrant Professionals.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended-- - (1) in subsection (e)-- - (A) by striking paragraphs (1), (3), (4), and (5); - (B) by redesignating paragraphs (2) and (6) as - paragraphs (1) and (2), respectively; and - (C) in paragraph (1), as redesignated by - subparagraph (B)-- - (i) by striking ``Annex 1603 of the North - American Free Trade Agreement (in this - subsection referred to as `NAFTA')'' and - inserting ``Annex 16-A of the USMCA (as defined - in section 3 of the United States-Mexico-Canada - Agreement Implementation Act)''; and - (ii) by striking the third and fourth - sentences and inserting the following: ``For - purposes of this paragraph, the term `citizen - of Mexico' means `citizen' as defined in - article 16.1 of the USMCA.''; and - (2) in subsection (j)(1)-- - (A) in the first sentence, by striking ``Annex 1603 - of the North American Free Trade Agreement'' and - inserting ``Annex 16-A of the USMCA (as defined in - section 3 of the United States-Mexico-Canada Agreement - Implementation Act)''; - (B) in the second sentence, by striking ``article - 1603 of such Agreement'' and inserting ``article 16.4 - of the USMCA''; and - (C) in the third sentence, by striking ``Annex 1608 - of such Agreement'' and inserting ``article 16.1 of the - USMCA''. + (1) in subsection (e)-- + (A) by striking paragraphs (1), (3), (4), and (5); + (B) by redesignating paragraphs (2) and (6) as paragraphs + (1) and (2), respectively; and + (C) in paragraph (1), as redesignated by subparagraph (B)-- + (i) by striking ``Annex 1603 of the North American Free + Trade Agreement (in this subsection referred to as + `NAFTA')'' and inserting ``Annex 16-A of the USMCA (as + defined in section 3 of the United States-Mexico-Canada + Agreement Implementation Act)''; and + (ii) by striking the third and fourth sentences and + inserting the following: ``For purposes of this paragraph, + the term `citizen of Mexico' means `citizen' as defined in + article 16.1 of the USMCA.''; and + (2) in subsection (j)(1)-- + (A) in the first sentence, by striking ``Annex 1603 of the + North American Free Trade Agreement'' and inserting ``Annex 16- + A of the USMCA (as defined in section 3 of the United States- + Mexico-Canada Agreement Implementation Act)''; + (B) in the second sentence, by striking ``article 1603 of + such Agreement'' and inserting ``article 16.4 of the USMCA''; + and + (C) in the third sentence, by striking ``Annex 1608 of such + Agreement'' and inserting ``article 16.1 of the USMCA''. (d) Conforming Amendments.-- - (1) Integrated entry and exit data system.--Section - 110(c)(1)(B) of the Illegal Immigration Reform and Immigrant - Responsibility Act of 1996 (8 U.S.C. 1365a(c)(1)(B)) is amended - by striking ``North American Free Trade Agreement'' and - inserting ``USMCA (as defined in section 3 of the United - States-Mexico-Canada Agreement Implementation Act)''. - (2) Enhanced border security and visa entry reform act of - 2002.--Section 604 of the Enhanced Border Security and Visa - Entry Reform Act of 2002 (8 U.S.C. 1773) is amended by striking - ``North American Free Trade Agreement'' and inserting ``USMCA - (as defined in section 3 of the United States-Mexico-Canada - Agreement Implementation Act)''. + (1) Integrated entry and exit data system.--Section + 110(c)(1)(B) of the Illegal Immigration Reform and Immigrant + Responsibility Act of 1996 (8 U.S.C. 1365a(c)(1)(B)) is amended by + striking ``North American Free Trade Agreement'' and inserting + ``USMCA (as defined in section 3 of the United States-Mexico-Canada + Agreement Implementation Act)''. + (2) Enhanced border security and visa entry reform act of + 2002.--Section 604 of the Enhanced Border Security and Visa Entry + Reform Act of 2002 (8 U.S.C. 1773) is amended by striking ``North + American Free Trade Agreement'' and inserting ``USMCA (as defined + in section 3 of the United States-Mexico-Canada Agreement + Implementation Act)''. (e) Additional Clerical Amendments.--The table of contents for this Act is amended by striking the item relating to subtitle A of title III and inserting the following: - ``Subtitle B--Temporary Entry of Business Persons + ``Subtitle B--Temporary Entry of Business Persons ``Sec. 311. Temporary entry.''. - (f) Effective Date.-- - (1) In general.--Each transfer, redesignation, and - amendment made by this section shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to a visa issued on or after - that date. - (2) Transition from nafta.--In the case of a visa issued - before the date on which the USMCA enters into force-- - (A) the transfers, redesignations, and amendments - made by this section shall not apply with respect to - the visa; and - (B) the provisions of law amended by subsections - (b) through (d), as such provisions were in effect on - the day before that date, shall continue to apply on - and after that date with respect to the visa. - -SEC. 504. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY - CASES. + (f) Effective Date.-- + (1) In general.--Each transfer, redesignation, and amendment + made by this section shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to a visa issued on or after that + date. + (2) Transition from nafta.--In the case of a visa issued before + the date on which the USMCA enters into force-- + (A) the transfers, redesignations, and amendments made by + this section shall not apply with respect to the visa; and + (B) the provisions of law amended by subsections (b) + through (d), as such provisions were in effect on the day + before that date, shall continue to apply on and after that + date with respect to the visa. + SEC. 504. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY + CASES. (a) Clerical Amendment.--Subtitle B of title IV of this Act is amended in the subtitle heading by striking ``[reserved]''. (b) References in Subtitle.--Section 401 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431) is-- - (1) transferred to subtitle B of title IV of this Act and - inserted after the heading (as amended by subsection (a)) of - such subtitle; - (2) redesignated as section 411; and - (3) amended by striking ``the Agreement'' and inserting - ``the USMCA''. + (1) transferred to subtitle B of title IV of this Act and + inserted after the heading (as amended by subsection (a)) of such + subtitle; + (2) redesignated as section 411; and + (3) amended by striking ``the Agreement'' and inserting ``the + USMCA''. (c) Organizational and Administrative Provisions.--Section 402 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3432) is-- - (1) transferred to subtitle B of title IV of this Act and - inserted after section 411 (as inserted and redesignated by - subsection (b)); - (2) redesignated as section 412; and - (3) amended-- - (A) in subsection (a)-- - (i) in paragraph (1)-- - (I) in subparagraph (D), by - striking ``in paragraph 1'' and all - that follows and inserting ``in - paragraph 1 of Annex 10-B.1 and - paragraph 1 of Annex 10-B.3; and''; - (II) in subparagraph (E), by - striking ``chapter 19'' and inserting - ``chapter 10''; and - (III) in the matter following - subparagraph (E), by striking ``in - paragraph 1'' and all that follows - through ``Annex 1904.13'' and inserting - ``in paragraph 1 of Annex 10-B.1 and - paragraph 1 of Annex 10-B.3''; and - (ii) in paragraph (2)-- - (I) in the paragraph heading, by - striking ``under'' and all that follows - before the period; and - (II) in the text-- - (aa) by striking - ``paragraph 1 of Annex 1901.2'' - and inserting ``paragraph 1 of - Annex 10-B.1''; - (bb) by striking ``chapter - 19'' each place it appears and - inserting ``chapter 10''; and - (cc) by striking ``article - 1905'' and inserting ``article - 10.13''; - (B) in subsection (b)(1)-- - (i) by striking ``chapter 19'' each place - it appears and inserting ``chapter 10''; and - (ii) by striking ``article 1905'' and - inserting ``article 10.13''; - (C) in subsection (c)-- - (i) in paragraph (1)-- - (I) by striking ``chapter 19'' each - place it appears and inserting - ``chapter 10''; and - (II) by striking ``article 1905'' - and inserting ``article 10.13''; - (ii) in paragraph (2)(B)-- - (I) by striking ``chapter 19'' each - place it appears and inserting - ``chapter 10''; and - (II) in clause (i)(II), by striking - ``article 1905'' and inserting - ``article 10.13''; - (iii) in paragraph (3)-- - (I) in subparagraph (A)(i), by - striking ``Annex 1901.2'' and inserting - ``Annex 10-B.1''; - (II) in subparagraph (A)(ii), by - striking ``under Annex 1904.13'' and - all that follows and inserting ``under - Annex 10-B.3 and special committees - under article 10.13.''; and - (III) in subparagraph (B)(i), by - striking ``chapter 19'' and inserting - ``chapter 10''; and - (iv) in paragraph (4)-- - (I) in subparagraph (A), by - striking ``chapter 19'' and inserting - ``chapter 10''; and - (II) in subparagraph (C)(iv)(III), - by striking ``chapter 19'' and - inserting ``chapter 10''; - (D) in subsection (d)-- - (i) in paragraph (1)-- - (I) in subparagraph (A), by - striking ``in paragraph 1'' and all - that follows and inserting ``in - paragraph 1 of Annex 10-B.1 and - paragraph 1 of Annex 10-B.3; or''; and - (II) in subparagraph (B), by - striking ``chapter 19'' and inserting - ``chapter 10''; - (ii) in paragraph (2)-- - (I) in subparagraph (A)(i), by - striking ``in paragraph 1'' and all - that follows through ``during'' and - inserting ``in paragraph 1 of Annex 10- - B.1 and paragraph 1 of Annex 10-B.3 - during''; - (II) in subparagraph (A)(ii)-- - (aa) by striking ``chapter - 19'' and inserting ``chapter - 10''; and - (bb) by striking ``the - Agreement'' and inserting ``the - USMCA''; - (III) in subparagraph (A)(iii), by - striking ``NAFTA'' and inserting - ``USMCA''; - (IV) in subparagraph (B)(i), by - striking ``in paragraph 1'' and all - that follows and inserting ``in - paragraph 1 of Annex 10-B.1 and - paragraph 1 of Annex 10-B.3; or''; and - (V) in subparagraph (B)(ii), by - striking ``chapter 19'' and inserting - ``chapter 10''; and - (iii) in paragraph (3)-- - (I) in subparagraph (A), by - striking ``in paragraph 1'' and all - that follows through ``during'' and - inserting ``in paragraph 1 of Annex 10- - B.1 and paragraph 1 of Annex 10-B.3 - during''; and - (II) in subparagraph (B), by - striking ``chapter 19'' and inserting - ``chapter 10''; - (E) in subsection (e), in the matter preceding - paragraph (1)-- - (i) by striking ``the Agreement'' and - inserting ``the USMCA''; - (ii) by striking ``between the United - States'' and all that follows through ``NAFTA - country''; and - (iii) by striking ``January 3, 1994'' and - inserting ``January 3, 2020''; - (F) in subsection (f), by striking ``chapter 19'' - and inserting ``chapter 10''; - (G) in subsection (g), by striking ``chapter 19'' + (1) transferred to subtitle B of title IV of this Act and + inserted after section 411 (as inserted and redesignated by + subsection (b)); + (2) redesignated as section 412; and + (3) amended-- + (A) in subsection (a)-- + (i) in paragraph (1)-- + + (I) in subparagraph (D), by striking ``in paragraph + 1'' and all that follows and inserting ``in paragraph 1 + of Annex 10-B.1 and paragraph 1 of Annex 10-B.3; and''; + (II) in subparagraph (E), by striking ``chapter + 19'' and inserting ``chapter 10''; and + (III) in the matter following subparagraph (E), by + striking ``in paragraph 1'' and all that follows + through ``Annex 1904.13'' and inserting ``in paragraph + 1 of Annex 10-B.1 and paragraph 1 of Annex 10-B.3''; + and + + (ii) in paragraph (2)-- + + (I) in the paragraph heading, by striking ``under'' + and all that follows before the period; and + (II) in the text-- + + (aa) by striking ``paragraph 1 of Annex + 1901.2'' and inserting ``paragraph 1 of Annex 10- + B.1''; + (bb) by striking ``chapter 19'' each place it + appears and inserting ``chapter 10''; and + (cc) by striking ``article 1905'' and inserting + ``article 10.13''; + (B) in subsection (b)(1)-- + (i) by striking ``chapter 19'' each place it appears + and inserting ``chapter 10''; and + (ii) by striking ``article 1905'' and inserting + ``article 10.13''; + (C) in subsection (c)-- + (i) in paragraph (1)-- + + (I) by striking ``chapter 19'' each place it + appears and inserting ``chapter 10''; and + (II) by striking ``article 1905'' and inserting + ``article 10.13''; + + (ii) in paragraph (2)(B)-- + + (I) by striking ``chapter 19'' each place it + appears and inserting ``chapter 10''; and + (II) in clause (i)(II), by striking ``article + 1905'' and inserting ``article 10.13''; + + (iii) in paragraph (3)-- + + (I) in subparagraph (A)(i), by striking ``Annex + 1901.2'' and inserting ``Annex 10-B.1''; + (II) in subparagraph (A)(ii), by striking ``under + Annex 1904.13'' and all that follows and inserting + ``under Annex 10-B.3 and special committees under + article 10.13.''; and + (III) in subparagraph (B)(i), by striking ``chapter + 19'' and inserting ``chapter 10''; and + + (iv) in paragraph (4)-- + + (I) in subparagraph (A), by striking ``chapter 19'' and inserting ``chapter 10''; and - (H) in subsection (h), by striking ``chapter 19'' - and inserting ``chapter 10''. + (II) in subparagraph (C)(iv)(III), by striking + ``chapter 19'' and inserting ``chapter 10''; + + (D) in subsection (d)-- + (i) in paragraph (1)-- + + (I) in subparagraph (A), by striking ``in paragraph + 1'' and all that follows and inserting ``in paragraph 1 + of Annex 10-B.1 and paragraph 1 of Annex 10-B.3; or''; + and + (II) in subparagraph (B), by striking ``chapter + 19'' and inserting ``chapter 10''; + + (ii) in paragraph (2)-- + + (I) in subparagraph (A)(i), by striking ``in + paragraph 1'' and all that follows through ``during'' + and inserting ``in paragraph 1 of Annex 10-B.1 and + paragraph 1 of Annex 10-B.3 during''; + (II) in subparagraph (A)(ii)-- + + (aa) by striking ``chapter 19'' and inserting + ``chapter 10''; and + (bb) by striking ``the Agreement'' and + inserting ``the USMCA''; + + (III) in subparagraph (A)(iii), by striking + ``NAFTA'' and inserting ``USMCA''; + (IV) in subparagraph (B)(i), by striking ``in + paragraph 1'' and all that follows and inserting ``in + paragraph 1 of Annex 10-B.1 and paragraph 1 of Annex + 10-B.3; or''; and + (V) in subparagraph (B)(ii), by striking ``chapter + 19'' and inserting ``chapter 10''; and + + (iii) in paragraph (3)-- + + (I) in subparagraph (A), by striking ``in paragraph + 1'' and all that follows through ``during'' and + inserting ``in paragraph 1 of Annex 10-B.1 and + paragraph 1 of Annex 10-B.3 during''; and + (II) in subparagraph (B), by striking ``chapter + 19'' and inserting ``chapter 10''; + + (E) in subsection (e), in the matter preceding paragraph + (1)-- + (i) by striking ``the Agreement'' and inserting ``the + USMCA''; + (ii) by striking ``between the United States'' and all + that follows through ``NAFTA country''; and + (iii) by striking ``January 3, 1994'' and inserting + ``January 3, 2020''; + (F) in subsection (f), by striking ``chapter 19'' and + inserting ``chapter 10''; + (G) in subsection (g), by striking ``chapter 19'' and + inserting ``chapter 10''; and + (H) in subsection (h), by striking ``chapter 19'' and + inserting ``chapter 10''. (d) Testimony and Production of Papers.--Section 403 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3433) is-- - (1) transferred to subtitle B of title IV of this Act and - inserted after section 412 (as inserted and redesignated by - subsection (c)); - (2) redesignated as section 413; and - (3) amended in subsection (a), in the matter preceding - paragraph (1), by striking ``under paragraph 13'' and all that - follows through ``the committee--'' and inserting ``under - paragraph 13 of article 10.12, and the allegations before the - committee include a matter referred to in paragraph 13(a)(i) of - article 10.12, for the purposes of carrying out its functions - and duties under Annex 10-B.3, the committee--''. + (1) transferred to subtitle B of title IV of this Act and + inserted after section 412 (as inserted and redesignated by + subsection (c)); + (2) redesignated as section 413; and + (3) amended in subsection (a), in the matter preceding + paragraph (1), by striking ``under paragraph 13'' and all that + follows through ``the committee--'' and inserting ``under paragraph + 13 of article 10.12, and the allegations before the committee + include a matter referred to in paragraph 13(a)(i) of article + 10.12, for the purposes of carrying out its functions and duties + under Annex 10-B.3, the committee--''. (e) Requests for Review of Determinations.--Section 404 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3434) is-- - (1) transferred to subtitle B of title IV of this Act and - inserted after section 413 (as inserted and redesignated by - subsection (d)); - (2) redesignated as section 414; and - (3) amended-- - (A) in the section heading, by striking ``of nafta - countries''; - (B) in subsection (a)-- - (i) in paragraph (1), by striking ``article - 1911'' and all that follows and inserting - ``article 10.8, of a USMCA country.''; and - (ii) in paragraph (2), by striking - ``article 1908'' and inserting ``article - 10.16''; - (C) in subsection (b), by striking ``article 1904'' - and inserting ``article 10.12''; and - (D) in subsection (c), by striking ``article 1904'' - each place it appears and inserting ``article 10.12''. + (1) transferred to subtitle B of title IV of this Act and + inserted after section 413 (as inserted and redesignated by + subsection (d)); + (2) redesignated as section 414; and + (3) amended-- + (A) in the section heading, by striking ``of nafta + countries''; + (B) in subsection (a)-- + (i) in paragraph (1), by striking ``article 1911'' and + all that follows and inserting ``article 10.8, of a USMCA + country.''; and + (ii) in paragraph (2), by striking ``article 1908'' and + inserting ``article 10.16''; + (C) in subsection (b), by striking ``article 1904'' and + inserting ``article 10.12''; and + (D) in subsection (c), by striking ``article 1904'' each + place it appears and inserting ``article 10.12''. (f) Rules of Procedure for Panels and Committees.--Section 405 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3435) is-- - (1) transferred to subtitle B of title IV of this Act and - inserted after section 414 (as inserted and redesignated by - subsection (e)); - (2) redesignated as section 415; and - (3) amended-- - (A) in subsection (a), in the matter preceding - paragraph (1), by striking ``article 1904'' and - inserting ``article 10.12''; - (B) in subsection (b), by striking ``Annex - 1904.13'' and inserting ``Annex 10-B.3''; and - (C) in subsection (c), by striking ``Annex 1905.6'' - and inserting ``Annex 10-B.4''. + (1) transferred to subtitle B of title IV of this Act and + inserted after section 414 (as inserted and redesignated by + subsection (e)); + (2) redesignated as section 415; and + (3) amended-- + (A) in subsection (a), in the matter preceding paragraph + (1), by striking ``article 1904'' and inserting ``article + 10.12''; + (B) in subsection (b), by striking ``Annex 1904.13'' and + inserting ``Annex 10-B.3''; and + (C) in subsection (c), by striking ``Annex 1905.6'' and + inserting ``Annex 10-B.4''. (g) Subsidy Negotiations.--Section 406 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3436) is-- - (1) transferred to subtitle B of title IV of this Act and - inserted after section 415 (as inserted and redesignated by - subsection (f)); - (2) redesignated as section 416; and - (3) amended, in the matter preceding paragraph (1), by - striking ``NAFTA country'' and inserting ``USMCA country''. + (1) transferred to subtitle B of title IV of this Act and + inserted after section 415 (as inserted and redesignated by + subsection (f)); + (2) redesignated as section 416; and + (3) amended, in the matter preceding paragraph (1), by striking + ``NAFTA country'' and inserting ``USMCA country''. (h) Identification of Industries Facing Subsidized Imports.-- Section 407 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3437) is-- - (1) transferred to subtitle B of title IV of this Act and - inserted after section 416 (as inserted and redesignated by - subsection (g)); - (2) redesignated as section 417; and - (3) amended-- - (A) in subsection (a)(1)(A)-- - (i) by striking ``the Agreement'' and - inserting ``the USMCA''; and - (ii) by striking ``NAFTA country'' and - inserting ``USMCA country''; - (B) in subsection (c), in the matter following - paragraph (3), by striking ``NAFTA countries'' and - inserting ``USMCA countries''; and - (C) in subsection (d)(3), by striking ``the - Agreement'' and inserting ``the USMCA''. + (1) transferred to subtitle B of title IV of this Act and + inserted after section 416 (as inserted and redesignated by + subsection (g)); + (2) redesignated as section 417; and + (3) amended-- + (A) in subsection (a)(1)(A)-- + (i) by striking ``the Agreement'' and inserting ``the + USMCA''; and + (ii) by striking ``NAFTA country'' and inserting + ``USMCA country''; + (B) in subsection (c), in the matter following paragraph + (3), by striking ``NAFTA countries'' and inserting ``USMCA + countries''; and + (C) in subsection (d)(3), by striking ``the Agreement'' and + inserting ``the USMCA''. (i) Treatment of Amendments to Law.--Section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438) is-- - (1) transferred to subtitle B of title IV of this Act and - inserted after section 417 (as inserted and redesignated by - subsection (h)); - (2) redesignated as section 418; and - (3) amended-- - (A) in the matter preceding paragraph (1), by - striking ``the Agreement'' and all that follows through - ``United States'' and inserting ``the USMCA''; and - (B) in the flush text, by striking ``NAFTA - country'' and inserting ``USMCA country''. + (1) transferred to subtitle B of title IV of this Act and + inserted after section 417 (as inserted and redesignated by + subsection (h)); + (2) redesignated as section 418; and + (3) amended-- + (A) in the matter preceding paragraph (1), by striking + ``the Agreement'' and all that follows through ``United + States'' and inserting ``the USMCA''; and + (B) in the flush text, by striking ``NAFTA country'' and + inserting ``USMCA country''. (j) Additional Clerical Amendments.--The table of contents for this Act is amended by striking the item relating to subtitle B of title IV and inserting the following: @@ -3954,117 +3571,106 @@ and inserting the following: ``Sec. 411. References in subtitle. ``Sec. 412. Organizational and administrative provisions. ``Sec. 413. Testimony and production of papers in extraordinary - challenges. + challenges. ``Sec. 414. Requests for review of determination by competent - investigating authorities. + investigating authorities. ``Sec. 415. Rules of procedure for panels and committees. ``Sec. 416. Subsidy negotiations. ``Sec. 417. Identification of industries facing subsidized imports. ``Sec. 418. Treatment of amendments to antidumping and countervailing - duty law.''. - (k) Effective Date.-- - (1) In general.--Each transfer, redesignation, and - amendment made by this section shall take effect on the date on - which the USMCA enters into force, but shall not apply-- - (A) to any final determination described in - paragraph (1)(B) or clause (i), (ii), or (iii) of - paragraph (2)(B) of section 516A(a) of the Tariff Act - of 1930 (19 U.S.C. 1516a(a)) notice of which is - published in the Federal Register before such date, or - to a determination described in paragraph (2)(B)(vi) of - that section notice of which is received by the - Government of Canada or Mexico before such date; and - (B) to any binational panel review under NAFTA, or - any extraordinary challenge arising out of any such - review, that was commenced before such date. - (2) Transition from nafta.--The transfers, redesignations, - and amendments made by this section shall not apply, and the - provisions of title IV of the North American Free Trade - Agreement Implementation Act, as in effect on the day before - the date on which the USMCA enters into force, shall continue - to apply on and after that date with respect-- - (A) to any final determination described in - paragraph (1)(B) or clause (i), (ii), or (iii) of - paragraph (2)(B) of section 516A(a) of the Tariff Act - of 1930 (19 U.S.C. 1516a(a)) notice of which is - published in the Federal Register before such date, or - to a determination described in paragraph (2)(B)(vi) of - that section notice of which is received by the - Government of Canada or Mexico before the date on which - the USMCA enters into force; and - (B) to any binational panel review under NAFTA, or - any extraordinary challenge arising out of any such - review, that was commenced before the date on which the - USMCA enters into force. - -SEC. 505. GOVERNMENT PROCUREMENT. + duty law.''. + (k) Effective Date.-- + (1) In general.--Each transfer, redesignation, and amendment + made by this section shall take effect on the date on which the + USMCA enters into force, but shall not apply-- + (A) to any final determination described in paragraph + (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of + section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) + notice of which is published in the Federal Register before + such date, or to a determination described in paragraph + (2)(B)(vi) of that section notice of which is received by the + Government of Canada or Mexico before such date; and + (B) to any binational panel review under NAFTA, or any + extraordinary challenge arising out of any such review, that + was commenced before such date. + (2) Transition from nafta.--The transfers, redesignations, and + amendments made by this section shall not apply, and the provisions + of title IV of the North American Free Trade Agreement + Implementation Act, as in effect on the day before the date on + which the USMCA enters into force, shall continue to apply on and + after that date with respect-- + (A) to any final determination described in paragraph + (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of + section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) + notice of which is published in the Federal Register before + such date, or to a determination described in paragraph + (2)(B)(vi) of that section notice of which is received by the + Government of Canada or Mexico before the date on which the + USMCA enters into force; and + (B) to any binational panel review under NAFTA, or any + extraordinary challenge arising out of any such review, that + was commenced before the date on which the USMCA enters into + force. + SEC. 505. GOVERNMENT PROCUREMENT. (a) General Authority To Modify Discriminatory Purchasing Requirements.--Section 301 of the Trade Agreements Act of 1979 (19 U.S.C. 2511) is amended-- - (1) in subsection (b)(1), by striking ``the North American - Free Trade Agreement'' and inserting ``the USMCA (as defined in - section 3 of the United States-Mexico-Canada Agreement - Implementation Act)''; and - (2) in subsection (e)-- - (A) by striking ``Annex 1001.1a-2 of the North - American Free Trade Agreement'' and inserting ``Annex - 13-A of the USMCA (as defined in section 3 of the - United States-Mexico-Canada Agreement Implementation - Act)''; and - (B) by striking ``chapter 10 of such Agreement'' - and inserting ``chapter 13 of the USMCA''. + (1) in subsection (b)(1), by striking ``the North American Free + Trade Agreement'' and inserting ``the USMCA (as defined in section + 3 of the United States-Mexico-Canada Agreement Implementation + Act)''; and + (2) in subsection (e)-- + (A) by striking ``Annex 1001.1a-2 of the North American + Free Trade Agreement'' and inserting ``Annex 13-A of the USMCA + (as defined in section 3 of the United States-Mexico-Canada + Agreement Implementation Act)''; and + (B) by striking ``chapter 10 of such Agreement'' and + inserting ``chapter 13 of the USMCA''. (b) Definitions.--Section 308(4)(A)(ii) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)(ii)) is amended-- - (1) by striking ``a party to the North American Free Trade - Agreement,'' and inserting ``Mexico, as a party to the USMCA - (as defined in section 3 of the United States-Mexico-Canada - Agreement Implementation Act),''; and - (2) by striking ``the North American Free Trade Agreement - for'' and inserting ``the USMCA for''. + (1) by striking ``a party to the North American Free Trade + Agreement,'' and inserting ``Mexico, as a party to the USMCA (as + defined in section 3 of the United States-Mexico-Canada Agreement + Implementation Act),''; and + (2) by striking ``the North American Free Trade Agreement for'' + and inserting ``the USMCA for''. (c) Effective Date.-- - (1) In general.--The amendments made by subsections (a) and - (b) shall-- - (A) take effect on the date on which the USMCA - enters into force; and - (B) apply with respect to a procurement on or after - that date. - (2) Transition from nafta treatment.--In the case of a - procurement before the date on which the USMCA enters into - force-- - (A) the amendments made by subsections (a) and (b) - to sections 301 and 308 of the Trade Agreements Act of - 1979 (19 U.S.C. 2511 and 2518) shall not apply with - respect to the contract; and - (B) sections 301 and 308 of such Act, as in effect - on the day before that date, shall continue to apply on - and after that date with respect to the contract. - -SEC. 506. ACTIONS AFFECTING UNITED STATES CULTURAL INDUSTRIES. - + (1) In general.--The amendments made by subsections (a) and (b) + shall-- + (A) take effect on the date on which the USMCA enters into + force; and + (B) apply with respect to a procurement on or after that + date. + (2) Transition from nafta treatment.--In the case of a + procurement before the date on which the USMCA enters into force-- + (A) the amendments made by subsections (a) and (b) to + sections 301 and 308 of the Trade Agreements Act of 1979 (19 + U.S.C. 2511 and 2518) shall not apply with respect to the + contract; and + (B) sections 301 and 308 of such Act, as in effect on the + day before that date, shall continue to apply on and after that + date with respect to the contract. + SEC. 506. ACTIONS AFFECTING UNITED STATES CULTURAL INDUSTRIES. (a) In General.--Section 182(f) of the Trade Act of 1974 (19 U.S.C. 2242(f)) is amended-- - (1) in paragraph (1)(C), by striking ``article 2106 of the - North American Free Trade Agreement'' and inserting ``article - 32.6 of the USMCA (as defined in section 3 of the United - States-Mexico-Canada Agreement Implementation Act)''; and - (2) in paragraph (2), in the matter preceding subparagraph - (A), by striking ``article 2106 of the North American Free - Trade Agreement'' and inserting ``article 32.6 of the USMCA''. + (1) in paragraph (1)(C), by striking ``article 2106 of the + North American Free Trade Agreement'' and inserting ``article 32.6 + of the USMCA (as defined in section 3 of the United States-Mexico- + Canada Agreement Implementation Act)''; and + (2) in paragraph (2), in the matter preceding subparagraph (A), + by striking ``article 2106 of the North American Free Trade + Agreement'' and inserting ``article 32.6 of the USMCA''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date on which the USMCA enters into force. - -SEC. 507. REGULATORY TREATMENT OF URANIUM PURCHASES. - + SEC. 507. REGULATORY TREATMENT OF URANIUM PURCHASES. (a) In General.--Section 1017(c) of the Energy Policy Act of 1992 (42 U.S.C. 2296b-6(c)) is amended by striking ``North American Free Trade Agreement'' and inserting ``USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date on which the USMCA enters into force. - -SEC. 508. REPORT ON AMENDMENTS TO EXISTING LAW. - + SEC. 508. REPORT ON AMENDMENTS TO EXISTING LAW. Not later than 180 days after the date of the enactment of this Act, the Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of @@ -4074,118 +3680,105 @@ committees, and other laws, necessary to fully carry out the provisions of, and amendments made by, this Act. TITLE VI--TRANSITION TO AND EXTENSION OF USMCA - Subtitle A--Transitional Provisions -SEC. 601. REPEAL OF NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION - ACT. - + SEC. 601. REPEAL OF NORTH AMERICAN FREE TRADE AGREEMENT + IMPLEMENTATION ACT. The North American Free Trade Agreement Implementation Act (Public Law 103-182; 19 U.S.C. 3301 et seq.) is repealed, effective on the date on which the USMCA enters into force. - -SEC. 602. CONTINUED SUSPENSION OF THE UNITED STATES-CANADA FREE-TRADE - AGREEMENT. - + SEC. 602. CONTINUED SUSPENSION OF THE UNITED STATES-CANADA FREE- + TRADE AGREEMENT. Section 501(c)(3) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (Public Law 100-449; 19 U.S.C. 2112 note) is amended-- - (1) in the paragraph heading, by striking ``nafta'' and - inserting ``usmca''; and - (2) in the matter preceding subparagraph (A), by striking - ``between them of the North American Free Trade Agreement'' and - inserting ``of the USMCA (as defined in section 3 of the United - States-Mexico-Canada Agreement Implementation Act)''. + (1) in the paragraph heading, by striking ``nafta'' and + inserting ``usmca''; and + (2) in the matter preceding subparagraph (A), by striking + ``between them of the North American Free Trade Agreement'' and + inserting ``of the USMCA (as defined in section 3 of the United + States-Mexico-Canada Agreement Implementation Act)''. Subtitle B--Joint Reviews Regarding Extension of USMCA -SEC. 611. PARTICIPATION IN JOINT REVIEWS WITH CANADA AND MEXICO - REGARDING EXTENSION OF THE TERM OF THE USMCA AND OTHER - ACTION REGARDING THE USMCA. - + SEC. 611. PARTICIPATION IN JOINT REVIEWS WITH CANADA AND MEXICO + REGARDING EXTENSION OF THE TERM OF THE USMCA AND OTHER ACTION + REGARDING THE USMCA. (a) In General.--Pursuant to the requirements of this section, the President shall consult with the appropriate congressional committees and stakeholders before each joint review, including consultation with respect to-- - (1) any recommendation for action to be proposed at the - review; and - (2) the decision whether or not to confirm that the United - States wishes to extend the USMCA. + (1) any recommendation for action to be proposed at the review; + and + (2) the decision whether or not to confirm that the United + States wishes to extend the USMCA. (b) Consultations With Congress and Stakeholders.-- - (1) Publication and public hearing.--At least 270 days - before a joint review commences, the Trade Representative shall - publish in the Federal Register a notice regarding the joint - review and shall, as soon as possible following such - publication, provide opportunity for the presentation of views - relating to the operation of the USMCA, including a public - hearing. - (2) Report to congress.--At least 180 days before a 6-year - joint review under article 34.7 of the USMCA commences, the - Trade Representative shall report to the appropriate - congressional committees regarding-- - (A) the assessment of the Trade Representative with - respect to the operation of the USMCA; - (B) the precise recommendation for action to be - proposed at the review and the position of the United - States with respect to whether to extend the term of - the USMCA; - (C) what, if any, prior efforts have been made to - resolve any concern that underlies that recommendation - or position; and - (D) the views of the advisory committees - established under section 135 of the Trade Act of 1974 - (19 U.S.C. 2155) regarding that recommendation or - position. + (1) Publication and public hearing.--At least 270 days before a + joint review commences, the Trade Representative shall publish in + the Federal Register a notice regarding the joint review and shall, + as soon as possible following such publication, provide opportunity + for the presentation of views relating to the operation of the + USMCA, including a public hearing. + (2) Report to congress.--At least 180 days before a 6-year + joint review under article 34.7 of the USMCA commences, the Trade + Representative shall report to the appropriate congressional + committees regarding-- + (A) the assessment of the Trade Representative with respect + to the operation of the USMCA; + (B) the precise recommendation for action to be proposed at + the review and the position of the United States with respect + to whether to extend the term of the USMCA; + (C) what, if any, prior efforts have been made to resolve + any concern that underlies that recommendation or position; and + (D) the views of the advisory committees established under + section 135 of the Trade Act of 1974 (19 U.S.C. 2155) regarding + that recommendation or position. (c) Subsequent Action To Address Lack of Agreement on Term Extension.-- - (1) In general.--If, as part of a joint review, any USMCA - country does not confirm that the country wishes to extend the - term of the USMCA under article 34.7.3 of the USMCA, at least - 70 days before any subsequent annual joint review meeting - conducted as required under article 34.7 of the USMCA, the - Trade Representative shall report to the appropriate - congressional committees regarding-- - (A) any reason offered by a USMCA country regarding - why the country is unable to agree to extend the term - of the USMCA; - (B) the progress that has been made in efforts to - achieve resolution of the concerns of that country; - (C) any proposed action that the Trade - Representative intends to raise during the meeting; and - (D) the views of the advisory committees - established under section 135 of the Trade Act of 1974 - (19 U.S.C. 2155) regarding the reasons described in - subparagraph (A) and any proposed action under - subparagraph (C). - (2) Additional information.--The Trade Representative shall - also provide detailed and timely information in response to any - questions posed by the appropriate congressional committees - with respect to any meeting described in paragraph (1), - including by submitting to those committees copies of any - proposed text that the Trade Representative plans to submit to - the other parties to the meeting. + (1) In general.--If, as part of a joint review, any USMCA + country does not confirm that the country wishes to extend the term + of the USMCA under article 34.7.3 of the USMCA, at least 70 days + before any subsequent annual joint review meeting conducted as + required under article 34.7 of the USMCA, the Trade Representative + shall report to the appropriate congressional committees + regarding-- + (A) any reason offered by a USMCA country regarding why the + country is unable to agree to extend the term of the USMCA; + (B) the progress that has been made in efforts to achieve + resolution of the concerns of that country; + (C) any proposed action that the Trade Representative + intends to raise during the meeting; and + (D) the views of the advisory committees established under + section 135 of the Trade Act of 1974 (19 U.S.C. 2155) regarding + the reasons described in subparagraph (A) and any proposed + action under subparagraph (C). + (2) Additional information.--The Trade Representative shall + also provide detailed and timely information in response to any + questions posed by the appropriate congressional committees with + respect to any meeting described in paragraph (1), including by + submitting to those committees copies of any proposed text that the + Trade Representative plans to submit to the other parties to the + meeting. (d) Congressional Engagement After Joint Review.-- - (1) In general.--Not later than 20 days after the USMCA - countries have met for a joint review, the Trade Representative - shall brief the appropriate congressional committees regarding - the positions expressed by the countries during the joint - review and what, if any, actions were agreed to by the - countries. - (2) Continued engagement.--After a joint review, the Trade - Representative shall keep the appropriate congressional - committees timely apprised of any developments arising out of - or related to the review. + (1) In general.--Not later than 20 days after the USMCA + countries have met for a joint review, the Trade Representative + shall brief the appropriate congressional committees regarding the + positions expressed by the countries during the joint review and + what, if any, actions were agreed to by the countries. + (2) Continued engagement.--After a joint review, the Trade + Representative shall keep the appropriate congressional committees + timely apprised of any developments arising out of or related to + the review. (e) Definitions.--In this section: - (1) Joint review.--The term ``joint review'' means a review - conducted under the process provided for in article 34.7 of the - USMCA relating to extension of the term of the USMCA. - (2) USMCA country.--The term ``USMCA country'' has the - meaning given that term in section 202(a). + (1) Joint review.--The term ``joint review'' means a review + conducted under the process provided for in article 34.7 of the + USMCA relating to extension of the term of the USMCA. + (2) USMCA country.--The term ``USMCA country'' has the meaning + given that term in section 202(a). Subtitle C--Termination of USMCA -SEC. 621. TERMINATION OF USMCA. - + SEC. 621. TERMINATION OF USMCA. (a) Termination of USMCA Country Status.--During any period in which a country ceases to be a USMCA country, this Act (other than this subsection and title IX) and the amendments made by this Act shall @@ -4197,39 +3790,37 @@ shall cease to have effect. TITLE VII--LABOR MONITORING AND ENFORCEMENT -SEC. 701. DEFINITIONS. - + SEC. 701. DEFINITIONS. In this title: - (1) Labor attache.--The term ``labor attache'' means an - individual hired under subtitle B. - (2) Labor obligations.--The term ``labor obligations'' - means the obligations under chapter 23 of the USMCA (relating - to labor). - (3) Mexico's labor reform.--The term ``Mexico's labor - reform'' means the legislation on labor reform enacted by - Mexico on May 1, 2019. + (1) Labor attache.--The term ``labor attache'' means an + individual hired under subtitle B. + (2) Labor obligations.--The term ``labor obligations'' means + the obligations under chapter 23 of the USMCA (relating to labor). + (3) Mexico's labor reform.--The term ``Mexico's labor reform'' + means the legislation on labor reform enacted by Mexico on May 1, + 2019. Subtitle A--Interagency Labor Committee for Monitoring and Enforcement -SEC. 711. INTERAGENCY LABOR COMMITTEE FOR MONITORING AND ENFORCEMENT. - + SEC. 711. INTERAGENCY LABOR COMMITTEE FOR MONITORING AND + ENFORCEMENT. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall establish an Interagency Labor Committee for Monitoring and Enforcement (in this title referred to as the ``Interagency Labor Committee''), to coordinate United States efforts with respect to each USMCA country-- - (1) to monitor the implementation and maintenance of the - labor obligations; - (2) to monitor the implementation and maintenance of - Mexico's labor reform; and - (3) to request enforcement actions with respect to a USMCA - country that is not in compliance with such labor obligations. + (1) to monitor the implementation and maintenance of the labor + obligations; + (2) to monitor the implementation and maintenance of Mexico's + labor reform; and + (3) to request enforcement actions with respect to a USMCA + country that is not in compliance with such labor obligations. (b) Membership.--The Interagency Labor Committee shall-- - (1) be co-chaired by the Trade Representative and the - Secretary of Labor; and - (2) include representatives of such other Federal - departments or agencies with relevant expertise as the - President determines appropriate. + (1) be co-chaired by the Trade Representative and the Secretary + of Labor; and + (2) include representatives of such other Federal departments + or agencies with relevant expertise as the President determines + appropriate. (c) Meetings.--The Interagency Labor Committee shall meet at least once every 90 days during the 5-year period beginning on the date of the enactment of this Act, and at least once every 180 days thereafter @@ -4237,87 +3828,75 @@ for 5 years. (d) Information Sharing.--Notwithstanding any other provision of law, the members of the Interagency Labor Committee may exchange information for purposes of carrying out this title. - -SEC. 712. DUTIES. - + SEC. 712. DUTIES. The duties of the Interagency Labor Committee shall include the following: - (1) Coordinating the activities of departments and agencies - of the Committee in monitoring implementation of and compliance - with labor obligations, including by-- - (A) requesting and reviewing relevant information - from the governments of USMCA countries and from the - public; - (B) coordinating visits to Mexico as necessary to - assess implementation of Mexico's labor reform and - compliance with the labor obligations of Mexico; - (C) receiving and reviewing quarterly assessments - from the labor attaches with respect to the - implementation of and compliance with Mexico's labor - reform; and - (D) coordinating with the Secretary of Treasury - with respect to support relating to labor issues - provided to Mexico by the Inter-American Development - Bank. - (2) Establishing an ongoing dialogue with appropriate - officials of the Government of Mexico regarding the - implementation of Mexico's labor reform and compliance with its - labor obligations. - (3) Coordinating with other institutions and governments - with respect to support relating to labor issues, such as the - International Labour Organization and the Government of Canada. - (4) Identifying priority issues for capacity-building - activities in Mexico to be funded by the United States, drawing - primarily on the expertise of the Department of Labor. - (5) Meeting, at least biannually during the 5-year period - beginning on the date of the enactment of this Act and at least - annually for 5 years thereafter, with the Labor Advisory - Committee for Trade Negotiations and Trade Policy established - under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. - 2155(c)(1)) (or any successor advisory committee) to consult - and provide opportunities for input with respect to-- - (A) the implementation of Mexico's labor reform; - (B) labor capacity-building activities in Mexico - funded by the United States; - (C) labor monitoring efforts; - (D) labor enforcement priorities; and - (E) other relevant issues. - (6) Based on the assessments required by section 714, - making recommendations relating to dispute settlement actions - to the Trade Representative, in accordance with section 715. - (7) Based on reports provided by the Forced Labor - Enforcement Task Force under section 743, developing - recommendations for appropriate enforcement actions by the - Trade Representative. - (8) Reviewing reports submitted by the labor experts - appointed in accordance with Annex 31-A of the USMCA, with - respect to the functioning of that Annex. - (9) Reviewing reports submitted by the Independent Mexico - Labor Expert Board under section 734. - -SEC. 713. ENFORCEMENT PRIORITIES. - + (1) Coordinating the activities of departments and agencies of + the Committee in monitoring implementation of and compliance with + labor obligations, including by-- + (A) requesting and reviewing relevant information from the + governments of USMCA countries and from the public; + (B) coordinating visits to Mexico as necessary to assess + implementation of Mexico's labor reform and compliance with the + labor obligations of Mexico; + (C) receiving and reviewing quarterly assessments from the + labor attaches with respect to the implementation of and + compliance with Mexico's labor reform; and + (D) coordinating with the Secretary of Treasury with + respect to support relating to labor issues provided to Mexico + by the Inter-American Development Bank. + (2) Establishing an ongoing dialogue with appropriate officials + of the Government of Mexico regarding the implementation of + Mexico's labor reform and compliance with its labor obligations. + (3) Coordinating with other institutions and governments with + respect to support relating to labor issues, such as the + International Labour Organization and the Government of Canada. + (4) Identifying priority issues for capacity-building + activities in Mexico to be funded by the United States, drawing + primarily on the expertise of the Department of Labor. + (5) Meeting, at least biannually during the 5-year period + beginning on the date of the enactment of this Act and at least + annually for 5 years thereafter, with the Labor Advisory Committee + for Trade Negotiations and Trade Policy established under section + 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) (or any + successor advisory committee) to consult and provide opportunities + for input with respect to-- + (A) the implementation of Mexico's labor reform; + (B) labor capacity-building activities in Mexico funded by + the United States; + (C) labor monitoring efforts; + (D) labor enforcement priorities; and + (E) other relevant issues. + (6) Based on the assessments required by section 714, making + recommendations relating to dispute settlement actions to the Trade + Representative, in accordance with section 715. + (7) Based on reports provided by the Forced Labor Enforcement + Task Force under section 743, developing recommendations for + appropriate enforcement actions by the Trade Representative. + (8) Reviewing reports submitted by the labor experts appointed + in accordance with Annex 31-A of the USMCA, with respect to the + functioning of that Annex. + (9) Reviewing reports submitted by the Independent Mexico Labor + Expert Board under section 734. + SEC. 713. ENFORCEMENT PRIORITIES. The Interagency Labor Committee shall-- - (1) review the list of priority sectors under Annex 31-A of - the USMCA and suggest to USTR additional sectors for review by - the USMCA countries as appropriate; - (2) establish and annually update a list of priority - subsectors within such priority sectors to be the focus of the - enforcement efforts of the Committee, the first of which shall - consist of-- - (A) auto assembly; - (B) auto parts; - (C) aerospace; - (D) industrial bakeries; - (E) electronics; - (F) call centers; - (G) mining; and - (H) steel and aluminum; and - (3) review priority facilities within such priority - subsectors for monitoring and enforcement. - -SEC. 714. ASSESSMENTS. - + (1) review the list of priority sectors under Annex 31-A of the + USMCA and suggest to USTR additional sectors for review by the + USMCA countries as appropriate; + (2) establish and annually update a list of priority subsectors + within such priority sectors to be the focus of the enforcement + efforts of the Committee, the first of which shall consist of-- + (A) auto assembly; + (B) auto parts; + (C) aerospace; + (D) industrial bakeries; + (E) electronics; + (F) call centers; + (G) mining; and + (H) steel and aluminum; and + (3) review priority facilities within such priority subsectors + for monitoring and enforcement. + SEC. 714. ASSESSMENTS. (a) Ongoing Assessments.--For the 10-year period beginning on the date of the enactment of this Act, except as provided in subsection (b), the Interagency Labor Committee shall assess on a biannual basis @@ -4332,27 +3911,24 @@ such committees, may conduct such assessment on an annual basis for the following 5 years. (c) Matters To Be Included.--The assessment required under subsection (a) shall also include each of the following: - (1) Whether Mexico is providing adequate funding to - implement and enforce Mexico's labor reform, including - specifically whether Mexico has provided funding consistent - with commitments made to contribute the following amounts for - the labor reform implementation budget: - (A) $176,000,000 for 2021. - (B) $325,000,000 for 2022. - (C) $328,000,000 for 2023. - (2) The extent to which any legal challenges to Mexico's - labor reform have succeeded in that court system. - (3) The extent to which Mexico has implemented the federal - and state labor courts, registration entity, and federal and - state conciliation centers consistent with the timeline set - forth for Mexico's labor reform, in the September 2019 policy - statements by the Government of Mexico on a national strategy - for implementation of the labor justice system, and in - subsequent policy statements in accordance with Mexico's labor - reform. - -SEC. 715. RECOMMENDATION FOR ENFORCEMENT ACTION. - + (1) Whether Mexico is providing adequate funding to implement + and enforce Mexico's labor reform, including specifically whether + Mexico has provided funding consistent with commitments made to + contribute the following amounts for the labor reform + implementation budget: + (A) $176,000,000 for 2021. + (B) $325,000,000 for 2022. + (C) $328,000,000 for 2023. + (2) The extent to which any legal challenges to Mexico's labor + reform have succeeded in that court system. + (3) The extent to which Mexico has implemented the federal and + state labor courts, registration entity, and federal and state + conciliation centers consistent with the timeline set forth for + Mexico's labor reform, in the September 2019 policy statements by + the Government of Mexico on a national strategy for implementation + of the labor justice system, and in subsequent policy statements in + accordance with Mexico's labor reform. + SEC. 715. RECOMMENDATION FOR ENFORCEMENT ACTION. (a) Recommendation To Initiate.--If the Interagency Labor Committee determines, pursuant to an assessment under section 714, as a result of monitoring activities described in section 712(1), or pursuant to a @@ -4361,24 +3937,21 @@ country has failed to meets its labor obligations, including with respect to obligations under Annex 23-A of the USMCA, the Committee shall recommend that the Trade Representative initiate enforcement actions under-- - (1) article 23.13 or 23.17 of the USMCA (relating to - cooperative labor dialogue and labor consultations); - (2) articles 31.4 and 31.6 of the USMCA (relating to - dispute settlement consultations); or - (3) Annex 31-A of the USMCA (relating to the rapid response - labor mechanism). + (1) article 23.13 or 23.17 of the USMCA (relating to + cooperative labor dialogue and labor consultations); + (2) articles 31.4 and 31.6 of the USMCA (relating to dispute + settlement consultations); or + (3) Annex 31-A of the USMCA (relating to the rapid response + labor mechanism). (b) Trade Representative Determinations.--Not later than 60 days after the date on which the Trade Representative receives a recommendation pursuant to subsection (a), the Trade Representative shall-- - (1) determine whether to initiate an enforcement action; - and - (2) if such determination is negative, submit to the - appropriate congressional committees a report on the reasons - for such negative determination. - -SEC. 716. PETITION PROCESS. - + (1) determine whether to initiate an enforcement action; and + (2) if such determination is negative, submit to the + appropriate congressional committees a report on the reasons for + such negative determination. + SEC. 716. PETITION PROCESS. (a) In General.--The Interagency Labor Committee shall establish procedures for submissions by the public of information with respect to potential failures to implement the labor obligations of a USMCA @@ -4388,91 +3961,81 @@ submitted in accordance with the procedures established under subsection (a) accompanying a petition relating to a denial of rights at a covered facility, as such terms are defined for purposes of Annex 31-A of the USMCA: - (1) The Interagency Labor Committee shall review such - information within 30 days of submission and shall determine - whether there is sufficient, credible evidence of a denial of - rights (as so defined) enabling the good-faith invocation of - enforcement mechanisms. - (2) If the Committee reaches a negative determination under - paragraph (1), the Committee shall certify such determination - to the appropriate congressional committees and the petitioner. - (3) If the Committee reaches an affirmative determination - under paragraph (1), the Trade Representative shall submit a - request for review, in accordance with article 31-A.4 of such - Annex, with respect to the covered facility and shall inform - the petitioner and the appropriate congressional committees of - the submission of such request. - (4) Not later than 60 days after the date of an affirmative - determination under paragraph (1), the Trade Representative - shall-- - (A) determine whether to request the establishment - of a rapid response labor panel in accordance with such - Annex; and - (B) if such determination is negative, certify such - determination to the appropriate congressional - committees in conjunction with the reasons for such - determination and the details of any agreed-upon - remediation plan. + (1) The Interagency Labor Committee shall review such + information within 30 days of submission and shall determine + whether there is sufficient, credible evidence of a denial of + rights (as so defined) enabling the good-faith invocation of + enforcement mechanisms. + (2) If the Committee reaches a negative determination under + paragraph (1), the Committee shall certify such determination to + the appropriate congressional committees and the petitioner. + (3) If the Committee reaches an affirmative determination under + paragraph (1), the Trade Representative shall submit a request for + review, in accordance with article 31-A.4 of such Annex, with + respect to the covered facility and shall inform the petitioner and + the appropriate congressional committees of the submission of such + request. + (4) Not later than 60 days after the date of an affirmative + determination under paragraph (1), the Trade Representative shall-- + (A) determine whether to request the establishment of a + rapid response labor panel in accordance with such Annex; and + (B) if such determination is negative, certify such + determination to the appropriate congressional committees in + conjunction with the reasons for such determination and the + details of any agreed-upon remediation plan. (c) Other Petitions.--With respect to information submitted in accordance with the procedures established under subsection (a) accompanying a petition relating to any other violation of the labor obligations of a USMCA country: - (1) The Interagency Labor Committee shall review such - information not later than 20 days after the date of the - submission and shall determine whether the information warrants - further review. - (2) If the Committee reaches an affirmative determination - under paragraph (1), such further review shall focus - exclusively on determining, not later than 60 days after the - date of such submission, whether there is sufficient, credible - evidence that the USMCA country is in violation of its labor - obligations, for purposes of initiating enforcement action - under chapter 23 or chapter 31 of the USMCA. - (3) If the Committee reaches an affirmative determination - under paragraph (2), the Trade Representative shall-- - (A) not later than 60 days after the date of the - determination of the Committee, initiate appropriate - enforcement action under such chapter 23 or chapter 31; - or - (B) submit to the appropriate congressional - committees a notification including the reasons for - which action was not initiated within such 60-day - period. - -SEC. 717. HOTLINE. - + (1) The Interagency Labor Committee shall review such + information not later than 20 days after the date of the submission + and shall determine whether the information warrants further + review. + (2) If the Committee reaches an affirmative determination under + paragraph (1), such further review shall focus exclusively on + determining, not later than 60 days after the date of such + submission, whether there is sufficient, credible evidence that the + USMCA country is in violation of its labor obligations, for + purposes of initiating enforcement action under chapter 23 or + chapter 31 of the USMCA. + (3) If the Committee reaches an affirmative determination under + paragraph (2), the Trade Representative shall-- + (A) not later than 60 days after the date of the + determination of the Committee, initiate appropriate + enforcement action under such chapter 23 or chapter 31; or + (B) submit to the appropriate congressional committees a + notification including the reasons for which action was not + initiated within such 60-day period. + SEC. 717. HOTLINE. The Interagency Labor Committee shall establish a web-based hotline, monitored by the Department of Labor, to receive confidential information regarding labor issues among USMCA countries directly from interested parties, including Mexican workers. - -SEC. 718. REPORTS. - + SEC. 718. REPORTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 10 years except as provided in subsection (b), the Interagency Labor Committee shall submit to the appropriate congressional committees a report that includes-- - (1) a description of Committee staffing and capacity - building activities with Mexico; - (2) information regarding the budget resources for Mexico's - labor reform and the deadlines in the September 2019 policy - statements by the Government of Mexico on a national strategy - for implementation of the labor justice system and in - subsequent policy statements in accordance with Mexico's labor - reform; - (3) a summary of petitions filed in accordance with section - 716 and the use of the rapid response labor mechanism under - Annex 31-A of the USMCA; - (4) the results of the most recent assessment conducted - under section 714; and - (5) if, with respect to any report of the Independent - Mexico Labor Expert Board submitted under section 734 that - includes a determination described in paragraph (2) of such - section, the Interagency Labor Committee does not concur with - such determination, an explanation of the reasons for not - concurring in such determination and a commitment to provide an - oral briefing with respect to such explanation upon request. + (1) a description of Committee staffing and capacity building + activities with Mexico; + (2) information regarding the budget resources for Mexico's + labor reform and the deadlines in the September 2019 policy + statements by the Government of Mexico on a national strategy for + implementation of the labor justice system and in subsequent policy + statements in accordance with Mexico's labor reform; + (3) a summary of petitions filed in accordance with section 716 + and the use of the rapid response labor mechanism under Annex 31-A + of the USMCA; + (4) the results of the most recent assessment conducted under + section 714; and + (5) if, with respect to any report of the Independent Mexico + Labor Expert Board submitted under section 734 that includes a + determination described in paragraph (2) of such section, the + Interagency Labor Committee does not concur with such + determination, an explanation of the reasons for not concurring in + such determination and a commitment to provide an oral briefing + with respect to such explanation upon request. (b) Consultation Relating to Annual Assessment.--On or after the date that is 5 years after the date of the enactment of this Act, the Trade Representative and the Secretary of Labor may consult with the @@ -4484,29 +4047,27 @@ following 5 years. after the date of the establishment of the Interagency Labor Committee pursuant to section 711(a), the Committee shall jointly submit to the appropriate congressional committees-- - (1) a comprehensive assessment of the implementation of - Mexico's labor reform, including with respect to-- - (A) whether Mexico has reviewed and legitimized all - existing collective bargaining agreements in Mexico; - (B) whether Mexico has addressed the pre-existing - legal or administrative labor disputes; - (C) whether Mexico has established the Federal - Center for Conciliation and Labor Registration, and an - assessment of that Center's operation; - (D) whether Mexico has established the federal - labor courts, and an assessment of their operation; and - (E) whether Mexico has established the state - conciliation centers and labor courts in all states and - an assessment of their operation; and - (2) a strategic plan and recommendations for actions to - address areas of concern relating to the implementation of - Mexico's labor reform, for purposes of the joint review - conducted pursuant to article 34.7 of the USMCA on the sixth - anniversary of the entry into force of the USMCA. - -SEC. 719. CONSULTATIONS ON APPOINTMENT AND FUNDING OF RAPID RESPONSE - LABOR PANELISTS. - + (1) a comprehensive assessment of the implementation of + Mexico's labor reform, including with respect to-- + (A) whether Mexico has reviewed and legitimized all + existing collective bargaining agreements in Mexico; + (B) whether Mexico has addressed the pre-existing legal or + administrative labor disputes; + (C) whether Mexico has established the Federal Center for + Conciliation and Labor Registration, and an assessment of that + Center's operation; + (D) whether Mexico has established the federal labor + courts, and an assessment of their operation; and + (E) whether Mexico has established the state conciliation + centers and labor courts in all states and an assessment of + their operation; and + (2) a strategic plan and recommendations for actions to address + areas of concern relating to the implementation of Mexico's labor + reform, for purposes of the joint review conducted pursuant to + article 34.7 of the USMCA on the sixth anniversary of the entry + into force of the USMCA. + SEC. 719. CONSULTATIONS ON APPOINTMENT AND FUNDING OF RAPID + RESPONSE LABOR PANELISTS. (a) In General.--The Interagency Labor Committee shall consult with the Labor Advisory Committee established under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) and the Advisory Committee for @@ -4521,26 +4082,21 @@ out the responsibilities under the USMCA promptly and fully. Subtitle B--Mexico Labor Attaches -SEC. 721. ESTABLISHMENT. - + SEC. 721. ESTABLISHMENT. The Secretary of Labor shall-- - (1) hire and fix the compensation of up to 5 additional - full-time officers or employees of the Department of Labor; and - (2) detail or assign such officers or employees to the - United States Embassy or a United States Consulate in Mexico to - carry out the duties described in section 722. - -SEC. 722. DUTIES. - + (1) hire and fix the compensation of up to 5 additional full- + time officers or employees of the Department of Labor; and + (2) detail or assign such officers or employees to the United + States Embassy or a United States Consulate in Mexico to carry out + the duties described in section 722. + SEC. 722. DUTIES. The duties described in this section are the following: - (1) Assisting the Interagency Labor Committee to monitor - and enforce the labor obligations of Mexico. - (2) Submitting to the Interagency Labor Committee on a - quarterly basis reports on the efforts undertaken by Mexico to - comply with its labor obligations. - -SEC. 723. STATUS. - + (1) Assisting the Interagency Labor Committee to monitor and + enforce the labor obligations of Mexico. + (2) Submitting to the Interagency Labor Committee on a + quarterly basis reports on the efforts undertaken by Mexico to + comply with its labor obligations. + SEC. 723. STATUS. Any officer or employee, while detailed or assigned under this subtitle, shall be considered, for the purpose of preserving their allowances, privileges, rights, seniority, and other benefits as such, @@ -4554,38 +4110,33 @@ status and agency policies. Subtitle C--Independent Mexico Labor Expert Board -SEC. 731. ESTABLISHMENT. - + SEC. 731. ESTABLISHMENT. There is hereby established a board, to be known as the ``Independent Mexico Labor Expert Board'', to be responsible for monitoring and evaluating the implementation of Mexico's labor reform and compliance with its labor obligations. The Board shall also advise the Interagency Labor Committee with respect to capacity-building activities needed to support such implementation and compliance. - -SEC. 732. MEMBERSHIP; TERM. - + SEC. 732. MEMBERSHIP; TERM. (a) Membership.--The Board shall be composed of 12 members who shall be appointed as follows: - (1) Four members to be appointed by the Labor Advisory - Committee established under section 135(c)(1) of the Trade Act - of 1974 (19 U.S.C. 2155(c)(1)) (or successor advisory - committee). - (2) Two members appointed by the Speaker of the House of - Representatives, in consultation with the Chair of the - Committee on Ways and Means of the House of Representatives. - (3) Two members appointed by the president pro tempore of - the Senate from among individuals recommended by the majority - leader of the Senate and in consultation with the Chair of the - Committee on Finance of the Senate. - (4) Two members appointed by the minority leader of the - House of Representatives, in consultation with the Ranking - Member of the Committee on Ways and Means of the House of - Representatives. - (5) Two members appointed by the President pro tempore of - the Senate from among individuals recommended by the minority - leader of the Senate and in consultation with the Ranking - Member of the Committee on Finance of the Senate. + (1) Four members to be appointed by the Labor Advisory + Committee established under section 135(c)(1) of the Trade Act of + 1974 (19 U.S.C. 2155(c)(1)) (or successor advisory committee). + (2) Two members appointed by the Speaker of the House of + Representatives, in consultation with the Chair of the Committee on + Ways and Means of the House of Representatives. + (3) Two members appointed by the president pro tempore of the + Senate from among individuals recommended by the majority leader of + the Senate and in consultation with the Chair of the Committee on + Finance of the Senate. + (4) Two members appointed by the minority leader of the House + of Representatives, in consultation with the Ranking Member of the + Committee on Ways and Means of the House of Representatives. + (5) Two members appointed by the President pro tempore of the + Senate from among individuals recommended by the minority leader of + the Senate and in consultation with the Ranking Member of the + Committee on Finance of the Senate. (b) Term.--Except as provided in subsection (c), members of the Board shall serve for a term of 6 years. (c) Extension of Term.--If the Board determines, at the end of the @@ -4595,52 +4146,44 @@ fully in compliance with its labor obligations, a majority of the members of the Board may determine to extend its term for 4 additional years. A new Board shall be appointed in accordance with subsection (a) and shall serve for a single term of 4 years. - -SEC. 733. FUNDING. - + SEC. 733. FUNDING. The United States shall provide necessary funding to support the work of the Board, including with respect to translation services and personnel support. - -SEC. 734. REPORTS. - + SEC. 734. REPORTS. For the 6-year period beginning on the date of the enactment of this Act, and for an additional 4 years if the term of the Board is extended in accordance with section 732(c), the Board shall submit to appropriate congressional committees and to the Interagency Labor Committee an annual report that-- - (1) contains an assessment of-- - (A) the efforts of Mexico to implement Mexico's - labor reform; and - (B) the manner and extent to which labor laws are - generally enforced in Mexico; and - (2) may include a determination that Mexico is not in - compliance with its labor obligations. + (1) contains an assessment of-- + (A) the efforts of Mexico to implement Mexico's labor + reform; and + (B) the manner and extent to which labor laws are generally + enforced in Mexico; and + (2) may include a determination that Mexico is not in + compliance with its labor obligations. Subtitle D--Forced Labor -SEC. 741. FORCED LABOR ENFORCEMENT TASK FORCE. - + SEC. 741. FORCED LABOR ENFORCEMENT TASK FORCE. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall establish a Forced Labor Enforcement Task Force to monitor United States enforcement of the prohibition under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). (b) Members; Meetings.-- - (1) Members.--The Task Force shall be chaired by the - Secretary of Homeland Security and shall be comprised of - representatives from such other agencies with relevant - expertise, including the Office of the United States Trade - Representative and the Department of Labor, as the President - determines appropriate. - (2) Meetings.--The Task Force shall meet on a quarterly - basis regarding active Withhold and Release Orders, ongoing - investigations, petitions received, and enforcement priorities, - and other relevant issues with respect to enforcing the - prohibition under section 307 of the Tariff Act. - -SEC. 742. TIMELINE REQUIRED. - + (1) Members.--The Task Force shall be chaired by the Secretary + of Homeland Security and shall be comprised of representatives from + such other agencies with relevant expertise, including the Office + of the United States Trade Representative and the Department of + Labor, as the President determines appropriate. + (2) Meetings.--The Task Force shall meet on a quarterly basis + regarding active Withhold and Release Orders, ongoing + investigations, petitions received, and enforcement priorities, and + other relevant issues with respect to enforcing the prohibition + under section 307 of the Tariff Act. + SEC. 742. TIMELINE REQUIRED. (a) In General.--Not later than 90 days after the establishment of the Forced Labor Enforcement Task Force pursuant to section 741(a), the Task Force shall establish timelines for responding to petitions @@ -4654,47 +4197,41 @@ congressional committees. congressional committees a report that contains the timelines established pursuant to subsection (a) and shall make such report publicly available. - -SEC. 743. REPORTS REQUIRED. - + SEC. 743. REPORTS REQUIRED. The Forced Labor Enforcement Task Force shall submit to appropriate congressional committees a biannual report that includes the following: - (1) The enforcement activities and priorities of the - Department of Homeland Security with respect to enforcing the - prohibition under section 307 of the Tariff Act of 1930 (19 - U.S.C. 1307). - (2) The number of instances in which merchandise was denied - entry pursuant to such prohibition during the preceding 180-day - period. - (3) A description of the merchandise so denied entry. - (4) An enforcement plan regarding goods included in the - most recent ``Findings on the Worst Forms of Child Labor'' - report submitted in accordance with section 504 of the Trade - Act of 1974 (19 U.S.C. 2464) and ``List of Goods Produced by - Child Labor or Forced Labor'' submitted in accordance with - section 105(b)(2)(C) of the Trafficking Victims Protection - Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)). - (5) Such other information as the Forced Labor Enforcement - Task Force considers appropriate with respect to monitoring and - enforcing compliance with section 307 of the Tariff Act of 1930 - (19 U.S.C. 1307). - -SEC. 744. DUTIES RELATED TO MEXICO. - + (1) The enforcement activities and priorities of the Department + of Homeland Security with respect to enforcing the prohibition + under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). + (2) The number of instances in which merchandise was denied + entry pursuant to such prohibition during the preceding 180-day + period. + (3) A description of the merchandise so denied entry. + (4) An enforcement plan regarding goods included in the most + recent ``Findings on the Worst Forms of Child Labor'' report + submitted in accordance with section 504 of the Trade Act of 1974 + (19 U.S.C. 2464) and ``List of Goods Produced by Child Labor or + Forced Labor'' submitted in accordance with section 105(b)(2)(C) of + the Trafficking Victims Protection Reauthorization Act of 2005 (22 + U.S.C. 7112(b)(2)(C)). + (5) Such other information as the Forced Labor Enforcement Task + Force considers appropriate with respect to monitoring and + enforcing compliance with section 307 of the Tariff Act of 1930 (19 + U.S.C. 1307). + SEC. 744. DUTIES RELATED TO MEXICO. The Task Force shall-- - (1) develop, in consultation with the appropriate - congressional committees, an enforcement plan regarding goods - produced by or with forced labor in Mexico; and - (2) report to the Interagency Labor Committee with respect - to any concerns relating to the enforcement of the prohibition - under section 307 of the Tariff Act with respect to Mexico, - including any allegations that may be filed with respect to - forced labor in Mexico. + (1) develop, in consultation with the appropriate congressional + committees, an enforcement plan regarding goods produced by or with + forced labor in Mexico; and + (2) report to the Interagency Labor Committee with respect to + any concerns relating to the enforcement of the prohibition under + section 307 of the Tariff Act with respect to Mexico, including any + allegations that may be filed with respect to forced labor in + Mexico. Subtitle E--Enforcement Under Rapid Response Labor Mechanism -SEC. 751. TRANSMISSION OF REPORTS. - + SEC. 751. TRANSMISSION OF REPORTS. Each report issued by a rapid response labor panel constituted in accordance with Annex 31-A of the USMCA shall be immediately submitted to the appropriate congressional committees, the Labor Advisory @@ -4703,9 +4240,7 @@ Committee established under section 135(c)(1) of the Trade Act of 1974 appropriate, the petitioner submitting information pursuant to section 716. The Trade Representative shall also make each such report publicly available in a timely manner. - -SEC. 752. SUSPENSION OF LIQUIDATION. - + SEC. 752. SUSPENSION OF LIQUIDATION. (a) In General.--If the United States files a request pursuant to article 31-A.4.2 of Annex 31-A of the USMCA, the Trade Representative may direct the Secretary of the Treasury to suspend liquidation for @@ -4714,109 +4249,95 @@ time as the Trade Representative notifies the Secretary that a condition described in subsection (b) has been met. (b) Resumption of Liquidation.--The conditions described in this subsection are the following: - (1) The rapid response labor panel has determined that - there is no denial of rights at the covered facility within the - meaning of such terms under Annex 31-A of the USMCA. - (2) A course of remediation for denial of rights has been - agreed to and has been completed in accordance with the agreed- - upon time. - (3) The denial of rights has been otherwise remedied. - -SEC. 753. FINAL REMEDIES. - + (1) The rapid response labor panel has determined that there is + no denial of rights at the covered facility within the meaning of + such terms under Annex 31-A of the USMCA. + (2) A course of remediation for denial of rights has been + agreed to and has been completed in accordance with the agreed-upon + time. + (3) The denial of rights has been otherwise remedied. + SEC. 753. FINAL REMEDIES. (a) In General.--If a rapid response labor panel constituted in accordance with Annex 31-A of the USMCA determines with respect to a case that there has been a denial of rights within the meaning of such Annex, the Trade Representative may, in consultation with the appropriate congressional committees-- - (1) direct the Secretary of the Treasury, until the date of - the notification described in subsection (b) and in accordance - with Annex 31-A of the USMCA-- - (A) to-- - (i) deny entry to goods, produced wholly or - in part, from any covered facility involved in - such case; or - (ii) allow for the release of goods, - produced wholly or in part, from such covered - facilities only upon payment of duties and any - penalty; and - (B) to apply any duties or penalties to customs - entries for which liquidation was suspended pursuant to - section 752; and - (2) apply other remedies that are appropriate and available - under Annex 31-A of the USMCA, until the denial of rights with - respect to the case has been remedied. + (1) direct the Secretary of the Treasury, until the date of the + notification described in subsection (b) and in accordance with + Annex 31-A of the USMCA-- + (A) to-- + (i) deny entry to goods, produced wholly or in part, + from any covered facility involved in such case; or + (ii) allow for the release of goods, produced wholly or + in part, from such covered facilities only upon payment of + duties and any penalty; and + (B) to apply any duties or penalties to customs entries for + which liquidation was suspended pursuant to section 752; and + (2) apply other remedies that are appropriate and available + under Annex 31-A of the USMCA, until the denial of rights with + respect to the case has been remedied. (b) Remediation Notification.--The Trade Representative shall promptly notify the Secretary when the denial of rights with respect to a case described in subsection (a) has been remedied. TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT -SEC. 801. DEFINITIONS. - + SEC. 801. DEFINITIONS. In this title: - (1) Environmental law.--The term ``environmental law'' has - the meaning given the term in article 24.1 of the USMCA. - (2) Environmental obligations.--The term ``environmental - obligations'' means obligations relating to the environment - under-- - (A) chapter 1 of the USMCA (relating to initial - provisions and general definitions); and - (B) chapter 24 of the USMCA (relating to - environment). + (1) Environmental law.--The term ``environmental law'' has the + meaning given the term in article 24.1 of the USMCA. + (2) Environmental obligations.--The term ``environmental + obligations'' means obligations relating to the environment under-- + (A) chapter 1 of the USMCA (relating to initial provisions + and general definitions); and + (B) chapter 24 of the USMCA (relating to environment). Subtitle A--Interagency Environment Committee for Monitoring and Enforcement -SEC. 811. ESTABLISHMENT. - + SEC. 811. ESTABLISHMENT. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the President shall establish an Interagency Environment Committee for Monitoring and Enforcement (in this title referred to as the ``Interagency Environment Committee'')-- - (1) to coordinate United States efforts to monitor and - enforce environmental obligations generally; and - (2) with respect to the USMCA countries-- - (A) to carry out an assessment of their - environmental laws and policies; - (B) to carry out monitoring actions with respect to - the implementation and maintenance of their - environmental obligations; and - (C) to request enforcement actions with respect to - USMCA countries that are not in compliance with their - environmental obligations. + (1) to coordinate United States efforts to monitor and enforce + environmental obligations generally; and + (2) with respect to the USMCA countries-- + (A) to carry out an assessment of their environmental laws + and policies; + (B) to carry out monitoring actions with respect to the + implementation and maintenance of their environmental + obligations; and + (C) to request enforcement actions with respect to USMCA + countries that are not in compliance with their environmental + obligations. (b) Membership.--The members of the Interagency Environment Committee shall be the following: - (1) The Trade Representative, who shall serve as - chairperson. - (2) Representatives from each of the following: - (A) The National Oceanic Atmospheric - Administration. - (B) The U.S. Fish and Wildlife Service. - (C) The U.S. Forest Service. - (D) The Environmental Protection Agency. - (E) The Animal and Plant Health Inspection Service. - (F) U.S. Customs and Border Protection. - (G) The Department of State. - (H) The Department of Justice. - (I) The Department of the Treasury. - (J) The United States Agency for International - Development. - (3) Representatives from other Federal agencies, as the - President determines to be appropriate. + (1) The Trade Representative, who shall serve as chairperson. + (2) Representatives from each of the following: + (A) The National Oceanic Atmospheric Administration. + (B) The U.S. Fish and Wildlife Service. + (C) The U.S. Forest Service. + (D) The Environmental Protection Agency. + (E) The Animal and Plant Health Inspection Service. + (F) U.S. Customs and Border Protection. + (G) The Department of State. + (H) The Department of Justice. + (I) The Department of the Treasury. + (J) The United States Agency for International Development. + (3) Representatives from other Federal agencies, as the + President determines to be appropriate. (c) Information Sharing.--Notwithstanding any other provision of law, the members of the Interagency Environment Committee may exchange information for purposes of carrying out this subtitle. - -SEC. 812. ASSESSMENT. - + SEC. 812. ASSESSMENT. (a) In General.--The Interagency Environment Committee shall carry out an assessment of the environmental laws and policies of the USMCA countries-- - (1) to determine if such laws and policies are sufficient - to implement their environmental obligations; and - (2) to identify any gaps between such laws and policies and - their environmental obligations. + (1) to determine if such laws and policies are sufficient to + implement their environmental obligations; and + (2) to identify any gaps between such laws and policies and + their environmental obligations. (b) Matters To Be Included.--The assessment required by subsection (a) shall identify the environmental laws and policies of the USMCA countries with respect to which enhanced cooperation, including the @@ -4828,143 +4349,125 @@ Interagency Environment Committee is established, or the date on which the USMCA enters into force, whichever occurs earlier, the Interagency Environment Committee shall submit a report that contains the assessment required by subsection (a) to-- - (1) the appropriate congressional committees; and - (2) the Trade and Environment Policy Advisory Committee (or - successor advisory committee) established under section - 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)). + (1) the appropriate congressional committees; and + (2) the Trade and Environment Policy Advisory Committee (or + successor advisory committee) established under section 135(c)(1) + of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)). (d) Update.--The Interagency Environment Committee shall-- - (1) update the assessment required by subsection (a) at the - appropriate time prior to submission of the report required by - section 816(a) that is to be submitted in the fifth year after - the USMCA enters into force; and - (2) submit the updated assessment to the Trade - Representative for inclusion in such fifth annual report. + (1) update the assessment required by subsection (a) at the + appropriate time prior to submission of the report required by + section 816(a) that is to be submitted in the fifth year after the + USMCA enters into force; and + (2) submit the updated assessment to the Trade Representative + for inclusion in such fifth annual report. (e) Consultation.--The Interagency Environment Committee shall consult on a regular basis with the USMCA countries-- - (1) in carrying out the assessment required by subsection - (a) and the update to the assessment required by subsection - (d); and - (2) in preparing the report required by subsection (c). - -SEC. 813. MONITORING ACTIONS. - + (1) in carrying out the assessment required by subsection (a) + and the update to the assessment required by subsection (d); and + (2) in preparing the report required by subsection (c). + SEC. 813. MONITORING ACTIONS. (a) In General.--The Interagency Environment Committee shall carry out monitoring actions, which shall include the monitoring actions described in subsections (b), (c), and (d), with respect to the implementation and maintenance of the environmental obligations of the USMCA countries. (b) Review of CEC Secretariat Submissions.-- - (1) In general.--Not later than 30 days after the date on - which the Secretariat of the Commission for Environmental - Cooperation prepares a factual record under article 24.28 of - the USMCA relating to a submission filed under article 24.27 of - the USMCA with respect to a USMCA country, the Interagency - Environment Committee-- - (A) shall review the factual record; and - (B) may, based on findings of the review under - subparagraph (A) that the USMCA country is not in - compliance with its environmental obligations, request - enforcement actions under section 814 with respect to - the USMCA country. - (2) Written justification.--If the Interagency Environment - Committee finds that a USMCA country is not in compliance with - its environmental obligations under paragraph (1)(B) and - determines not to request enforcement actions under section 814 - with respect to the USMCA country, the Committee shall, not - later than 30 days after the date on which it makes the - determination, provide to the appropriate congressional - committees a written explanation and justification of the - determination. + (1) In general.--Not later than 30 days after the date on which + the Secretariat of the Commission for Environmental Cooperation + prepares a factual record under article 24.28 of the USMCA relating + to a submission filed under article 24.27 of the USMCA with respect + to a USMCA country, the Interagency Environment Committee-- + (A) shall review the factual record; and + (B) may, based on findings of the review under subparagraph + (A) that the USMCA country is not in compliance with its + environmental obligations, request enforcement actions under + section 814 with respect to the USMCA country. + (2) Written justification.--If the Interagency Environment + Committee finds that a USMCA country is not in compliance with its + environmental obligations under paragraph (1)(B) and determines not + to request enforcement actions under section 814 with respect to + the USMCA country, the Committee shall, not later than 30 days + after the date on which it makes the determination, provide to the + appropriate congressional committees a written explanation and + justification of the determination. (c) Review of Reports of United States Environment Attaches to Mexico.--The Interagency Environment Committee shall-- - (1) review each report submitted to the Committee under - section 822(b)(2); and - (2) based on the findings of each such report, assess the - efforts of Mexico to comply with its environmental obligations. + (1) review each report submitted to the Committee under section + 822(b)(2); and + (2) based on the findings of each such report, assess the + efforts of Mexico to comply with its environmental obligations. (d) United States Implementation of Environment Cooperation and Customs Verification Agreement.-- - (1) Verification of shipments.--The Interagency Environment - Committee-- - (A) may request verification of particular - shipments of Mexico under the Environment Cooperation - and Customs Verification Agreement between the United - States and Mexico, done at Mexico City on December 10, - 2019, in response to-- - (i) comments submitted by the public to - request verification of particular shipments of - Mexico under such Agreement; or - (ii) on its own motion; and - (B) upon receipt of comments described in - subparagraph (A)(i)-- - (i) shall review the comments not later - than 30 days after the date on which the - comments are submitted to the Trade - Representative; and - (ii) may request the Trade Representative - to, within a reasonable period of time, request - Mexico to provide relevant information for - purposes of verification of particular - shipments of Mexico described in subparagraph - (A). - (2) Review of relevant information and request for - additional steps.--The Interagency Environment Committee-- - (A) shall review relevant information provided by - Mexico as described in paragraph (1)(B)(ii) to - determine if the Trade Representative should request - additional steps to verify information provided or - related to a particular shipment of Mexico; and - (B) may request the Trade Representative to, within - a reasonable period of time, request Mexico to take - such additional steps with respect to the particular - shipment. - (3) Consultation.--The Trade Representative, on behalf of - the Interagency Environment Committee, shall, on a quarterly - basis, consult with the appropriate congressional committees - and the Trade and Environment Policy Advisory Committee (or - successor advisory committee) established under section - 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) - regarding the public comments and relevant information - described in paragraph (1) and the actions taken under - paragraph (2). + (1) Verification of shipments.--The Interagency Environment + Committee-- + (A) may request verification of particular shipments of + Mexico under the Environment Cooperation and Customs + Verification Agreement between the United States and Mexico, + done at Mexico City on December 10, 2019, in response to-- + (i) comments submitted by the public to request + verification of particular shipments of Mexico under such + Agreement; or + (ii) on its own motion; and + (B) upon receipt of comments described in subparagraph + (A)(i)-- + (i) shall review the comments not later than 30 days + after the date on which the comments are submitted to the + Trade Representative; and + (ii) may request the Trade Representative to, within a + reasonable period of time, request Mexico to provide + relevant information for purposes of verification of + particular shipments of Mexico described in subparagraph + (A). + (2) Review of relevant information and request for additional + steps.--The Interagency Environment Committee-- + (A) shall review relevant information provided by Mexico as + described in paragraph (1)(B)(ii) to determine if the Trade + Representative should request additional steps to verify + information provided or related to a particular shipment of + Mexico; and + (B) may request the Trade Representative to, within a + reasonable period of time, request Mexico to take such + additional steps with respect to the particular shipment. + (3) Consultation.--The Trade Representative, on behalf of the + Interagency Environment Committee, shall, on a quarterly basis, + consult with the appropriate congressional committees and the Trade + and Environment Policy Advisory Committee (or successor advisory + committee) established under section 135(c)(1) of the Trade Act of + 1974 (19 U.S.C. 2155(c)(1)) regarding the public comments and + relevant information described in paragraph (1) and the actions + taken under paragraph (2). (e) Application.--Subsections (c) and (d) shall apply with respect to Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico. - -SEC. 814. ENFORCEMENT ACTIONS. - + SEC. 814. ENFORCEMENT ACTIONS. The Interagency Environment Committee-- - (1) may request the Trade Representative to, within a - reasonable period of time, request consultations under-- - (A) article 24.29 of the USMCA (relating to - environment consultations) with respect to the USMCA - country; or - (B) articles 31.4 and 31.6 of the USMCA (relating - to dispute settlement consultations) with respect to - the USMCA country; or - (2) may request the heads of other Federal agencies - described in section 815 to initiate monitoring or enforcement - actions with respect to the USMCA country under the provisions - of law described in section 815. - -SEC. 815. OTHER MONITORING AND ENFORCEMENT ACTIONS. - + (1) may request the Trade Representative to, within a + reasonable period of time, request consultations under-- + (A) article 24.29 of the USMCA (relating to environment + consultations) with respect to the USMCA country; or + (B) articles 31.4 and 31.6 of the USMCA (relating to + dispute settlement consultations) with respect to the USMCA + country; or + (2) may request the heads of other Federal agencies described + in section 815 to initiate monitoring or enforcement actions with + respect to the USMCA country under the provisions of law described + in section 815. + SEC. 815. OTHER MONITORING AND ENFORCEMENT ACTIONS. (a) Marine Mammal Protection Act.--The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). (b) Magnuson-Stevens Fishery Conservation and Management Act.--The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the following provisions of law: - (1) The Magnuson-Stevens Fishery Conservation and - Management Act (16 U.S.C. 1801 et seq.). - (2) The Magnuson-Stevens Fishery Conservation and - Management Reauthorization Act of 2006 (16 U.S.C. 1891 et - seq.). - (3) The High Seas Driftnet Fishing Moratorium Protection - Act (16 U.S.C. 1826d et seq.). - (4) The Shark Conservation Act of 2010 (16 U.S.C. 1826k - note; 1857 note). - (5) The Shark Finning Prohibition Act (16 U.S.C. 1822 - note). + (1) The Magnuson-Stevens Fishery Conservation and Management + Act (16 U.S.C. 1801 et seq.). + (2) The Magnuson-Stevens Fishery Conservation and Management + Reauthorization Act of 2006 (16 U.S.C. 1891 et seq.). + (3) The High Seas Driftnet Fishing Moratorium Protection Act + (16 U.S.C. 1826d et seq.). + (4) The Shark Conservation Act of 2010 (16 U.S.C. 1826k note; + 1857 note). + (5) The Shark Finning Prohibition Act (16 U.S.C. 1822 note). (c) Fishermen's Protective Act of 1967.--The Secretary of Commerce and Secretary of the Interior have authority to take appropriate monitoring or enforcement actions under section 8 of the Fishermen's @@ -5008,38 +4511,34 @@ provisions of law. to supersede or otherwise limit in any manner the functions or authority of the head of any Federal agency described in this section under any other provision of law. - -SEC. 816. REPORT TO CONGRESS. - + SEC. 816. REPORT TO CONGRESS. (a) In General.--The Trade Representative, in consultation with the head of any Federal agency described in this subtitle, shall submit to the appropriate congressional committees a report on the implementation of this subtitle, including-- - (1) a description of efforts of the USMCA countries to - implement their environmental obligations; and - (2) a description of additional efforts to be taken with - respect to USMCA countries that are failing to implement their - environmental obligations. + (1) a description of efforts of the USMCA countries to + implement their environmental obligations; and + (2) a description of additional efforts to be taken with + respect to USMCA countries that are failing to implement their + environmental obligations. (b) Timing of Report.--The report required by subsection (a) shall be submitted-- - (1) not later than 1 year after the date on which the USMCA - enters into force; - (2) annually for each of the next 4 years; and - (3) biennially thereafter. + (1) not later than 1 year after the date on which the USMCA + enters into force; + (2) annually for each of the next 4 years; and + (3) biennially thereafter. (c) Additional Matters To Be Included in the Fifth Annual Report.-- The report required by subsection (a) that is submitted in the fifth year after the USMCA enters into force shall also include the following: - (1) The updated assessment required by section 812(d). - (2) A comprehensive determination regarding USMCA - countries' implementation of their environmental obligations. - (3) An explanation of how compliance with environmental - obligations will be taken into consideration during the ``joint - review'' conducted pursuant to article 34.7.2 of the USMCA on - the sixth anniversary of the entry into force of the USMCA. - -SEC. 817. REGULATIONS. - + (1) The updated assessment required by section 812(d). + (2) A comprehensive determination regarding USMCA countries' + implementation of their environmental obligations. + (3) An explanation of how compliance with environmental + obligations will be taken into consideration during the ``joint + review'' conducted pursuant to article 34.7.2 of the USMCA on the + sixth anniversary of the entry into force of the USMCA. + SEC. 817. REGULATIONS. The head of any Federal agency described in this subtitle, in consultation with the Interagency Environment Committee, may prescribe such regulations as are necessary to carry out the authorities of the @@ -5047,8 +4546,7 @@ Federal agency as provided for under this subtitle. Subtitle B--Other Matters -SEC. 821. BORDER WATER INFRASTRUCTURE IMPROVEMENT AUTHORITY. - + SEC. 821. BORDER WATER INFRASTRUCTURE IMPROVEMENT AUTHORITY. (a) In General.--The Administrator of the Environmental Protection Agency shall, in coordination with eligible public entities, carry out the planning, design, construction, and operation and maintenance of @@ -5061,31 +4559,28 @@ enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report on activities carried out pursuant to this section. (c) Definitions.--In this section: - (1) Covered area.--The term ``covered area'' means the - portion of the Tijuana River watershed that is in the United - States. - (2) Eligible public entities.--The term ``eligible public - entities'' means-- - (A) the United States Section of the International - Boundary and Water Commission; - (B) the Corps of Engineers; - (C) the North American Development Bank; - (D) the Department of State; - (E) any other appropriate Federal agency; - (F) the State of California; and - (G) any of the following entities with jurisdiction - over any part of the covered area: - (i) A local government. - (ii) An Indian Tribe. - (iii) A regional water board. - (iv) A public wastewater utility. - (3) Treatment works.--The term ``treatment works'' has the - meaning given that term in section 212 of the Federal Water - Pollution Control Act. - -SEC. 822. DETAIL OF PERSONNEL TO OFFICE OF THE UNITED STATES TRADE - REPRESENTATIVE. - + (1) Covered area.--The term ``covered area'' means the portion + of the Tijuana River watershed that is in the United States. + (2) Eligible public entities.--The term ``eligible public + entities'' means-- + (A) the United States Section of the International Boundary + and Water Commission; + (B) the Corps of Engineers; + (C) the North American Development Bank; + (D) the Department of State; + (E) any other appropriate Federal agency; + (F) the State of California; and + (G) any of the following entities with jurisdiction over + any part of the covered area: + (i) A local government. + (ii) An Indian Tribe. + (iii) A regional water board. + (iv) A public wastewater utility. + (3) Treatment works.--The term ``treatment works'' has the + meaning given that term in section 212 of the Federal Water + Pollution Control Act. + SEC. 822. DETAIL OF PERSONNEL TO OFFICE OF THE UNITED STATES TRADE + REPRESENTATIVE. (a) In General.--Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the @@ -5096,46 +4591,39 @@ United States Embassy in Mexico to carry out the duties described in subsection (b). (b) Duties.--The duties described in this subsection are the following: - (1) Assist the Interagency Environment Committee to carry - out monitoring and enforcement actions with respect to the - environmental obligations of Mexico. - (2) Prepare and submit to the Interagency Environment - Committee on a quarterly basis a report on efforts of Mexico to - comply with its environmental obligations. + (1) Assist the Interagency Environment Committee to carry out + monitoring and enforcement actions with respect to the + environmental obligations of Mexico. + (2) Prepare and submit to the Interagency Environment Committee + on a quarterly basis a report on efforts of Mexico to comply with + its environmental obligations. Subtitle C--North American Development Bank -SEC. 831. GENERAL CAPITAL INCREASE. - + SEC. 831. GENERAL CAPITAL INCREASE. Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. 290m et seq.) is amended by adding at the end the following: - -``SEC. 547. FIRST CAPITAL INCREASE. - + ``SEC. 547. FIRST CAPITAL INCREASE. ``(a) Subscription Authorized.-- - ``(1) In general.--The Secretary of the Treasury is - authorized to subscribe on behalf of the United States to, and - make payment for, 150,000 additional shares of the capital - stock of the Bank. - ``(2) Limitation.--Any subscription by the United States to - the capital stock of the Bank shall be effective only to such - extent and in such amounts as are provided in advance in - appropriations Acts. + ``(1) In general.--The Secretary of the Treasury is authorized + to subscribe on behalf of the United States to, and make payment + for, 150,000 additional shares of the capital stock of the Bank. + ``(2) Limitation.--Any subscription by the United States to the + capital stock of the Bank shall be effective only to such extent + and in such amounts as are provided in advance in appropriations + Acts. ``(b) Limitations on Authorization of Appropriations.-- - ``(1) In general.--In order to pay for the increase in the - United States subscription to the Bank under subsection (a), - there are authorized to be appropriated, without fiscal year - limitation, $1,500,000,000 for payment by the Secretary of the - Treasury. - ``(2) Allocation of funds.--Of the amount authorized to be - appropriated under paragraph (1)-- - ``(A) $225,000,000 shall be for paid in shares of - the Bank; and - ``(B) $1,275,000,000 shall be for callable shares - of the Bank.''. - -SEC. 832. POLICY GOALS. - + ``(1) In general.--In order to pay for the increase in the + United States subscription to the Bank under subsection (a), there + are authorized to be appropriated, without fiscal year limitation, + $1,500,000,000 for payment by the Secretary of the Treasury. + ``(2) Allocation of funds.--Of the amount authorized to be + appropriated under paragraph (1)-- + ``(A) $225,000,000 shall be for paid in shares of the Bank; + and + ``(B) $1,275,000,000 shall be for callable shares of the + Bank.''. + SEC. 832. POLICY GOALS. (a) In General.--To the extent consistent with the mission and scope of the North American Development Bank on the day before the date of the enactment of this Act and pursuant to section 2 of article II of @@ -5151,9 +4639,7 @@ the Agreement Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank, signed at Washington and Mexico November 16 and 18, 1993, and entered into force January 1, 1994 (TIAS 12516), between the United States and Mexico. - -SEC. 833. EFFICIENCIES AND STREAMLINING. - + SEC. 833. EFFICIENCIES AND STREAMLINING. The Secretary of the Treasury should direct the representatives of the United States to the Board of Directors of the North American Development Bank to use the voice and vote of the United States to seek @@ -5164,20 +4650,17 @@ for revolving facilities, programmatic certification of similar groups of small projects, expansion of internal authority to approve qualified projects below certain monetary thresholds, and expedited certification for public sector projects subject to lender bidding processes. - -SEC. 834. PERFORMANCE MEASURES. - + SEC. 834. PERFORMANCE MEASURES. (a) In General.--The Secretary of the Treasury should direct the representatives of the United States to the Board of Directors of the North American Development Bank to use the voice and vote of the United States to seek to require the Bank to develop performance measures that-- - (1) demonstrate how projects and financing approved by the - Bank are meeting the Bank's mission and providing added value - to the region near the international land border between the - United States and Mexico; and - (2) are reviewed and updated not less frequently than - annually. + (1) demonstrate how projects and financing approved by the Bank + are meeting the Bank's mission and providing added value to the + region near the international land border between the United States + and Mexico; and + (2) are reviewed and updated not less frequently than annually. (b) Report to Congress.--The Secretary of the Treasury shall submit to Congress, with the submission to Congress of the budget of the President for a fiscal year under section 1105(a) of title 31, United @@ -5396,7 +4879,8 @@ be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. - budgetary effects + + budgetary effects Sec. 905. (a) Statutory PAYGO Scorecards.--The budgetary effects of this title shall not be entered on either PAYGO scorecard maintained @@ -5413,21 +4897,7 @@ title shall be estimated for purposes of section 251 of such Act. This title may be cited as the ``USMCA Supplemental Appropriations Act, 2019''. - Passed the House of Representatives December 19, 2019. - - Attest: - - Clerk. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - H. R. 5430 - -_______________________________________________________________________ - - AN ACT - - To implement the Agreement between the United States of America, the -United Mexican States, and Canada attached as an Annex to the Protocol - Replacing the North American Free Trade Agreement. + Vice President of the United States and + President of the Senate. From 773f9d6d483505a8ee4ff9ce33d91b71a2eea1ee Mon Sep 17 00:00:00 2001 From: "Rep. Katko, John [R-NY-24]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 516/984] House-5451: Introduced to House --- bills_text/House-5451.txt | 47 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 47 insertions(+) create mode 100644 bills_text/House-5451.txt diff --git a/bills_text/House-5451.txt b/bills_text/House-5451.txt new file mode 100644 index 0000000..d2c6b62 --- /dev/null +++ b/bills_text/House-5451.txt @@ -0,0 +1,47 @@ +116th CONGRESS + 1st Session + H. R. 5451 + + To designate the facility of the United States Postal Service located + at 599 East Genesse Street in Fayetteville, New York, as the ``George + H. Bacel Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 17, 2019 + + Mr. Katko (for himself, Mr. Brindisi, Mr. Sean Patrick Maloney of New +York, Mr. Zeldin, Ms. Stefanik, Mr. Rose of New York, Miss Rice of New + York, Mr. Delgado, Mr. Espaillat, Mr. King of New York, Ms. Meng, Ms. +Velazquez, Mr. Tonko, Mrs. Lowey, Mr. Serrano, Mr. Higgins of New York, +Mr. Suozzi, Mr. Nadler, Ms. Ocasio-Cortez, and Mr. Morelle) introduced + the following bill; which was referred to the Committee on Oversight + and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 599 East Genesse Street in Fayetteville, New York, as the ``George + H. Bacel Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. GEORGE H. BACEL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 599 East Genesse Street in Fayetteville, New York, shall be +known and designated as the ``George H. Bacel Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``George H. +Bacel Post Office Building''. + \ No newline at end of file From befbff4054f21f332d19761aa2dc14b2668ed2db Mon Sep 17 00:00:00 2001 From: "Rep. Katko, John [R-NY-24]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 517/984] House-5451: Engrossed in House --- bills_text/House-5451.txt | 44 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 23 deletions(-) diff --git a/bills_text/House-5451.txt b/bills_text/House-5451.txt index d2c6b62..f5aa84e 100644 --- a/bills_text/House-5451.txt +++ b/bills_text/House-5451.txt @@ -1,30 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5451 - To designate the facility of the United States Postal Service located - at 599 East Genesse Street in Fayetteville, New York, as the ``George - H. Bacel Post Office Building''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - December 17, 2019 - - Mr. Katko (for himself, Mr. Brindisi, Mr. Sean Patrick Maloney of New -York, Mr. Zeldin, Ms. Stefanik, Mr. Rose of New York, Miss Rice of New - York, Mr. Delgado, Mr. Espaillat, Mr. King of New York, Ms. Meng, Ms. -Velazquez, Mr. Tonko, Mrs. Lowey, Mr. Serrano, Mr. Higgins of New York, -Mr. Suozzi, Mr. Nadler, Ms. Ocasio-Cortez, and Mr. Morelle) introduced - the following bill; which was referred to the Committee on Oversight - and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -44,4 +24,22 @@ known and designated as the ``George H. Bacel Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``George H. Bacel Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5451 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 599 East Genesse Street in Fayetteville, New York, as the ``George + H. Bacel Post Office Building''. From a2c6e1ac1fda53d02b9d73f9fc4603cf74a3846e Mon Sep 17 00:00:00 2001 From: "Rep. Katko, John [R-NY-24]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 518/984] House-5451: Enrolled --- bills_text/House-5451.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5451.txt b/bills_text/House-5451.txt index f5aa84e..a5868de 100644 --- a/bills_text/House-5451.txt +++ b/bills_text/House-5451.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5451 + H.R.5451 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 599 East Genesse Street in Fayetteville, New York, as the ``George - H. Bacel Post Office Building''. +To designate the facility of the United States Postal Service located at + 599 East Genesse Street in Fayetteville, New York, as the ``George H. + Bacel Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. GEORGE H. BACEL POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 599 East Genesse Street in Fayetteville, New York, shall be known and designated as the ``George H. Bacel Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``George H. Bacel Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5451 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 599 East Genesse Street in Fayetteville, New York, as the ``George - H. Bacel Post Office Building''. + Vice President of the United States and + President of the Senate. From e4bd41138b726e2ac1f63d1b14c5cd41d0e76ec8 Mon Sep 17 00:00:00 2001 From: "Rep. Neguse, Joe [D-CO-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 519/984] House-5458: Introduced to House --- bills_text/House-5458.txt | 61 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 61 insertions(+) create mode 100644 bills_text/House-5458.txt diff --git a/bills_text/House-5458.txt b/bills_text/House-5458.txt new file mode 100644 index 0000000..ae1a849 --- /dev/null +++ b/bills_text/House-5458.txt @@ -0,0 +1,61 @@ +116th CONGRESS + 1st Session + H. R. 5458 + + To modify the boundary of the Rocky Mountain National Park, and for + other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 17, 2019 + + Mr. Neguse introduced the following bill; which was referred to the + Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To modify the boundary of the Rocky Mountain National Park, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Rocky Mountain National Park +Boundary Modification Act''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Map.--The term ``map'' means the map entitled ``Rocky + Mountain National Park Proposed Boundary Revision'', numbered + 121/154,327, and dated June 2019. + (2) Non-federal land.--The term ``non-Federal land'' means + the approximately 40 acres of non-Federal land depicted as ``TR + 05-133'' on the map. + (3) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + +SEC. 3. ROCKY MOUNTAIN NATIONAL PARK BOUNDARY MODIFICATION. + + (a) Land Acquisition.--The Secretary may acquire, by donation, the +non-Federal land for inclusion in the Rocky Mountain National Park. + (b) Boundary Modification.--On acquisition of the non-Federal land +under subsection (a), the Secretary shall-- + (1) modify the boundary of the Rocky Mountain National Park + to include the acquisition; and + (2) administer the acquired land as part of the Rocky + Mountain National Park, in accordance with applicable laws. + (c) Availability of Map.--The map shall be on file and available +for public inspection in appropriate offices of the National Park +Service. + \ No newline at end of file From bc29bf004777ea8c346fc3536a16ca5c3d7d9224 Mon Sep 17 00:00:00 2001 From: "Rep. Neguse, Joe [D-CO-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 520/984] House-5458: Engrossed in House --- bills_text/House-5458.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-5458.txt b/bills_text/House-5458.txt index ae1a849..b8cc7df 100644 --- a/bills_text/House-5458.txt +++ b/bills_text/House-5458.txt @@ -1,24 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5458 - To modify the boundary of the Rocky Mountain National Park, and for - other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - December 17, 2019 - - Mr. Neguse introduced the following bill; which was referred to the - Committee on Natural Resources - -_______________________________________________________________________ - - A BILL + AN ACT @@ -58,4 +44,21 @@ under subsection (a), the Secretary shall-- (c) Availability of Map.--The map shall be on file and available for public inspection in appropriate offices of the National Park Service. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5458 + +_______________________________________________________________________ + + AN ACT + + To modify the boundary of the Rocky Mountain National Park, and for + other purposes. From 73aaa385387dfa226b7934e58da7182ba1dd5e42 Mon Sep 17 00:00:00 2001 From: "Rep. Neguse, Joe [D-CO-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 521/984] House-5458: Enrolled --- bills_text/House-5458.txt | 70 +++++++++++++++++---------------------- 1 file changed, 30 insertions(+), 40 deletions(-) diff --git a/bills_text/House-5458.txt b/bills_text/House-5458.txt index b8cc7df..f29ef4b 100644 --- a/bills_text/House-5458.txt +++ b/bills_text/House-5458.txt @@ -1,64 +1,54 @@ -116th CONGRESS - 2d Session - H. R. 5458 + H.R.5458 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To modify the boundary of the Rocky Mountain National Park, and for - other purposes. + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Rocky Mountain National Park Boundary Modification Act''. - SEC. 2. DEFINITIONS. - In this Act: - (1) Map.--The term ``map'' means the map entitled ``Rocky - Mountain National Park Proposed Boundary Revision'', numbered - 121/154,327, and dated June 2019. - (2) Non-federal land.--The term ``non-Federal land'' means - the approximately 40 acres of non-Federal land depicted as ``TR - 05-133'' on the map. - (3) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - + (1) Map.--The term ``map'' means the map entitled ``Rocky + Mountain National Park Proposed Boundary Revision'', numbered 121/ + 154,327, and dated June 2019. + (2) Non-federal land.--The term ``non-Federal land'' means the + approximately 40 acres of non-Federal land depicted as ``TR 05- + 133'' on the map. + (3) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. SEC. 3. ROCKY MOUNTAIN NATIONAL PARK BOUNDARY MODIFICATION. - (a) Land Acquisition.--The Secretary may acquire, by donation, the non-Federal land for inclusion in the Rocky Mountain National Park. (b) Boundary Modification.--On acquisition of the non-Federal land under subsection (a), the Secretary shall-- - (1) modify the boundary of the Rocky Mountain National Park - to include the acquisition; and - (2) administer the acquired land as part of the Rocky - Mountain National Park, in accordance with applicable laws. + (1) modify the boundary of the Rocky Mountain National Park to + include the acquisition; and + (2) administer the acquired land as part of the Rocky Mountain + National Park, in accordance with applicable laws. (c) Availability of Map.--The map shall be on file and available for public inspection in appropriate offices of the National Park Service. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - H. R. 5458 - -_______________________________________________________________________ - - AN ACT - - To modify the boundary of the Rocky Mountain National Park, and for - other purposes. + Vice President of the United States and + President of the Senate. From 0c39c4cbbc6301e84db6a44e4a7cc962809c1e3f Mon Sep 17 00:00:00 2001 From: "Rep. Neguse, Joe [D-CO-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 522/984] House-5459: Introduced to House --- bills_text/House-5459.txt | 69 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 69 insertions(+) create mode 100644 bills_text/House-5459.txt diff --git a/bills_text/House-5459.txt b/bills_text/House-5459.txt new file mode 100644 index 0000000..aaa22a0 --- /dev/null +++ b/bills_text/House-5459.txt @@ -0,0 +1,69 @@ +116th CONGRESS + 1st Session + H. R. 5459 + +To authorize the Secretary of the Interior to correct a land ownership + error within the boundary of Rocky Mountain National Park, and for + other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 17, 2019 + + Mr. Neguse introduced the following bill; which was referred to the + Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + +To authorize the Secretary of the Interior to correct a land ownership + error within the boundary of Rocky Mountain National Park, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Rocky Mountain National Park +Ownership Correction Act''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Federal land.--The term ``Federal land'' means the + approximately 0.18 acres of land depicted as ``TR04-168-1'' on + the map. + (2) Map.--The term ``map'' means the map entitled ``Rocky + Mountain National Park Proposed Forsyth Family Land Exchange'', + numbered 121/154,326, and dated June 2019. + (3) Non-federal land.--The term ``non-Federal land'' means + the approximately 0.18 acres of land depicted as ``TR04-169'' + on the map. + (4) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + +SEC. 3. ROCKY MOUNTAIN NATIONAL PARK LAND EXCHANGE. + + (a) Authorization of Exchange.--To correct a longstanding land +ownership error, if the owner of the non-Federal land offers to convey +to the Secretary all right, title, and interest of the owner in and to +the non-Federal land, the Secretary shall convey to the owner of the +non-Federal land, subject to valid existing rights, all right, title, +and interest of the United States in and to the Federal land. + (b) Valuation.--The value of the Federal land and the non-Federal +land to be exchanged under this Act shall be considered to be of equal +value. + (c) Administration.--The non-Federal land acquired by the Secretary +under this section shall be administered by the Secretary as part of +Rocky Mountain National Park. + (d) Availability of Map.--The map shall be on file and available +for inspection in the appropriate offices of the National Park Service. + \ No newline at end of file From 72ed8db80e7831fdb1784a13413edf921cbbcb24 Mon Sep 17 00:00:00 2001 From: "Rep. Neguse, Joe [D-CO-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 523/984] House-5459: Engrossed in House --- bills_text/House-5459.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-5459.txt b/bills_text/House-5459.txt index aaa22a0..9d47947 100644 --- a/bills_text/House-5459.txt +++ b/bills_text/House-5459.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5459 -To authorize the Secretary of the Interior to correct a land ownership - error within the boundary of Rocky Mountain National Park, and for - other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - December 17, 2019 - - Mr. Neguse introduced the following bill; which was referred to the - Committee on Natural Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -66,4 +51,22 @@ under this section shall be administered by the Secretary as part of Rocky Mountain National Park. (d) Availability of Map.--The map shall be on file and available for inspection in the appropriate offices of the National Park Service. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5459 + +_______________________________________________________________________ + + AN ACT + +To authorize the Secretary of the Interior to correct a land ownership + error within the boundary of Rocky Mountain National Park, and for + other purposes. From e142bf5973d7b05af6dee3f2b550f2f1e28dcda7 Mon Sep 17 00:00:00 2001 From: "Rep. Neguse, Joe [D-CO-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 524/984] House-5459: Enrolled --- bills_text/House-5459.txt | 73 +++++++++++++++++---------------------- 1 file changed, 31 insertions(+), 42 deletions(-) diff --git a/bills_text/House-5459.txt b/bills_text/House-5459.txt index 9d47947..81b2228 100644 --- a/bills_text/House-5459.txt +++ b/bills_text/House-5459.txt @@ -1,42 +1,45 @@ -116th CONGRESS - 2d Session - H. R. 5459 + H.R.5459 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To authorize the Secretary of the Interior to correct a land ownership - error within the boundary of Rocky Mountain National Park, and for - other purposes. + To authorize the Secretary of the Interior to correct a land ownership +error within the boundary of Rocky Mountain National Park, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Rocky Mountain National Park Ownership Correction Act''. - SEC. 2. DEFINITIONS. - In this Act: - (1) Federal land.--The term ``Federal land'' means the - approximately 0.18 acres of land depicted as ``TR04-168-1'' on - the map. - (2) Map.--The term ``map'' means the map entitled ``Rocky - Mountain National Park Proposed Forsyth Family Land Exchange'', - numbered 121/154,326, and dated June 2019. - (3) Non-federal land.--The term ``non-Federal land'' means - the approximately 0.18 acres of land depicted as ``TR04-169'' - on the map. - (4) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - + (1) Federal land.--The term ``Federal land'' means the + approximately 0.18 acres of land depicted as ``TR04-168-1'' on the + map. + (2) Map.--The term ``map'' means the map entitled ``Rocky + Mountain National Park Proposed Forsyth Family Land Exchange'', + numbered 121/154,326, and dated June 2019. + (3) Non-federal land.--The term ``non-Federal land'' means the + approximately 0.18 acres of land depicted as ``TR04-169'' on the + map. + (4) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. SEC. 3. ROCKY MOUNTAIN NATIONAL PARK LAND EXCHANGE. - (a) Authorization of Exchange.--To correct a longstanding land ownership error, if the owner of the non-Federal land offers to convey to the Secretary all right, title, and interest of the owner in and to @@ -52,21 +55,7 @@ Rocky Mountain National Park. (d) Availability of Map.--The map shall be on file and available for inspection in the appropriate offices of the National Park Service. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5459 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. -To authorize the Secretary of the Interior to correct a land ownership - error within the boundary of Rocky Mountain National Park, and for - other purposes. + Vice President of the United States and + President of the Senate. From 9515d42a1934df0424c9bd87d752a04195b80309 Mon Sep 17 00:00:00 2001 From: "Rep. Bishop, Sanford D., Jr. [D-GA-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 525/984] House-5472: Introduced to House --- bills_text/House-5472.txt | 69 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 69 insertions(+) create mode 100644 bills_text/House-5472.txt diff --git a/bills_text/House-5472.txt b/bills_text/House-5472.txt new file mode 100644 index 0000000..6abcaa6 --- /dev/null +++ b/bills_text/House-5472.txt @@ -0,0 +1,69 @@ +116th CONGRESS + 1st Session + H. R. 5472 + + To redesignate the Jimmy Carter National Historic Site as the ``Jimmy + Carter National Historical Park''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 18, 2019 + + Mr. Bishop of Georgia (for himself, Mr. Graves of Georgia, Mr. Austin + Scott of Georgia, Mr. Lewis, Mr. Allen, Mr. Ferguson, Mr. Johnson of + Georgia, Mr. Loudermilk, Mr. David Scott of Georgia, Mr. Carter of +Georgia, Mrs. McBath, Mr. Hice of Georgia, Mr. Collins of Georgia, and + Mr. Woodall) introduced the following bill; which was referred to the + Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To redesignate the Jimmy Carter National Historic Site as the ``Jimmy + Carter National Historical Park''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Jimmy Carter National Historical +Park Redesignation Act''. + +SEC. 2. DESIGNATION OF JIMMY CARTER NATIONAL HISTORICAL PARK. + + (a) In General.--The Jimmy Carter National Historic Site shall be +known and designated as the ``Jimmy Carter National Historical Park''. + (b) Amendments to Public Law 100-206.--Public Law 100-206 (54 +U.S.C. 320101 note; 101 Stat. 1434) is amended-- + (1) in section 1(a), in the matter preceding paragraph (1), + by striking ``National Historic Site'' and inserting ``National + Historical Park''; + (2) in section 3-- + (A) in subsection (a), by striking ``provisions of + law generally applicable to national historic sites'' + and inserting ``provisions of law generally applicable + to units of the National Park System''; and + (B) in subsection (d), in the second sentence, by + striking ``National Historic Site'' and inserting + ``National Historical Park''; + (3) in section 6(2), by striking ``National Historic Site'' + and inserting ``National Historical Park''; + (4) by striking ``historic site'' each place it appears and + inserting ``historical park''; + (5) by striking ``historic site'' each place it appears and + inserting ``historical park''; and + (6) by striking ``Historic Site'' each place it appears and + inserting ``Historical Park''. + (c) References.--Any reference in any law, regulation, document, +record, map, or other paper of the United States to the Jimmy Carter +National Historic Site shall be considered to be a reference to the +``Jimmy Carter National Historical Park''. + \ No newline at end of file From 2c5017ebd287140fe313d6ed3bd09fadff28cf65 Mon Sep 17 00:00:00 2001 From: "Rep. Bishop, Sanford D., Jr. [D-GA-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 526/984] House-5472: Engrossed in House --- bills_text/House-5472.txt | 41 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 21 deletions(-) diff --git a/bills_text/House-5472.txt b/bills_text/House-5472.txt index 6abcaa6..07343dd 100644 --- a/bills_text/House-5472.txt +++ b/bills_text/House-5472.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session H. R. 5472 - To redesignate the Jimmy Carter National Historic Site as the ``Jimmy - Carter National Historical Park''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - December 18, 2019 - - Mr. Bishop of Georgia (for himself, Mr. Graves of Georgia, Mr. Austin - Scott of Georgia, Mr. Lewis, Mr. Allen, Mr. Ferguson, Mr. Johnson of - Georgia, Mr. Loudermilk, Mr. David Scott of Georgia, Mr. Carter of -Georgia, Mrs. McBath, Mr. Hice of Georgia, Mr. Collins of Georgia, and - Mr. Woodall) introduced the following bill; which was referred to the - Committee on Natural Resources - -_______________________________________________________________________ - - A BILL + AN ACT @@ -66,4 +48,21 @@ U.S.C. 320101 note; 101 Stat. 1434) is amended-- record, map, or other paper of the United States to the Jimmy Carter National Historic Site shall be considered to be a reference to the ``Jimmy Carter National Historical Park''. - \ No newline at end of file + + Passed the House of Representatives December 17, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5472 + +_______________________________________________________________________ + + AN ACT + + To redesignate the Jimmy Carter National Historic Site as the ``Jimmy + Carter National Historical Park''. From f542cd1374724054578c6a4dee95cbbd02cd7604 Mon Sep 17 00:00:00 2001 From: "Rep. Bishop, Sanford D., Jr. [D-GA-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 527/984] House-5472: Enrolled --- bills_text/House-5472.txt | 80 ++++++++++++++++++--------------------- 1 file changed, 36 insertions(+), 44 deletions(-) diff --git a/bills_text/House-5472.txt b/bills_text/House-5472.txt index 07343dd..edc5185 100644 --- a/bills_text/House-5472.txt +++ b/bills_text/House-5472.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - H. R. 5472 + H.R.5472 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -13,56 +22,39 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Jimmy Carter National Historical Park Redesignation Act''. - SEC. 2. DESIGNATION OF JIMMY CARTER NATIONAL HISTORICAL PARK. - (a) In General.--The Jimmy Carter National Historic Site shall be known and designated as the ``Jimmy Carter National Historical Park''. (b) Amendments to Public Law 100-206.--Public Law 100-206 (54 U.S.C. 320101 note; 101 Stat. 1434) is amended-- - (1) in section 1(a), in the matter preceding paragraph (1), - by striking ``National Historic Site'' and inserting ``National - Historical Park''; - (2) in section 3-- - (A) in subsection (a), by striking ``provisions of - law generally applicable to national historic sites'' - and inserting ``provisions of law generally applicable - to units of the National Park System''; and - (B) in subsection (d), in the second sentence, by - striking ``National Historic Site'' and inserting - ``National Historical Park''; - (3) in section 6(2), by striking ``National Historic Site'' - and inserting ``National Historical Park''; - (4) by striking ``historic site'' each place it appears and - inserting ``historical park''; - (5) by striking ``historic site'' each place it appears and - inserting ``historical park''; and - (6) by striking ``Historic Site'' each place it appears and - inserting ``Historical Park''. + (1) in section 1(a), in the matter preceding paragraph (1), by + striking ``National Historic Site'' and inserting ``National + Historical Park''; + (2) in section 3-- + (A) in subsection (a), by striking ``provisions of law + generally applicable to national historic sites'' and inserting + ``provisions of law generally applicable to units of the + National Park System''; and + (B) in subsection (d), in the second sentence, by striking + ``National Historic Site'' and inserting ``National Historical + Park''; + (3) in section 6(2), by striking ``National Historic Site'' and + inserting ``National Historical Park''; + (4) by striking ``historic site'' each place it appears and + inserting ``historical park''; + (5) by striking ``historic site'' each place it appears and + inserting ``historical park''; and + (6) by striking ``Historic Site'' each place it appears and + inserting ``Historical Park''. (c) References.--Any reference in any law, regulation, document, record, map, or other paper of the United States to the Jimmy Carter National Historic Site shall be considered to be a reference to the ``Jimmy Carter National Historical Park''. - Passed the House of Representatives December 17, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5472 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - - To redesignate the Jimmy Carter National Historic Site as the ``Jimmy - Carter National Historical Park''. + Vice President of the United States and + President of the Senate. From ee2dc7f1ac769d22c30b133c35bc09d3245c9b5c Mon Sep 17 00:00:00 2001 From: "Rep. Horn, Kendra S. [D-OK-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 528/984] House-5597: Introduced to House --- bills_text/House-5597.txt | 43 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 43 insertions(+) create mode 100644 bills_text/House-5597.txt diff --git a/bills_text/House-5597.txt b/bills_text/House-5597.txt new file mode 100644 index 0000000..a73ddff --- /dev/null +++ b/bills_text/House-5597.txt @@ -0,0 +1,43 @@ +116th CONGRESS + 2d Session + H. R. 5597 + + To designate the facility of the United States Postal Service located +at 305 Northwest 5th Street in Oklahoma City, Oklahoma, as the ``Clara + Luper Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 14, 2020 + + Ms. Kendra S. Horn of Oklahoma (for herself, Mr. Kevin Hern of +Oklahoma, Mr. Mullin, Mr. Lucas, and Mr. Cole) introduced the following + bill; which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 305 Northwest 5th Street in Oklahoma City, Oklahoma, as the ``Clara + Luper Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. CLARA LUPER POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 305 Northwest 5th Street in Oklahoma City, Oklahoma, shall +be known and designated as the ``Clara Luper Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Clara +Luper Post Office Building''. + \ No newline at end of file From 2278ddc033ce895fb63de33692832c8fce17ea6e Mon Sep 17 00:00:00 2001 From: "Rep. Horn, Kendra S. [D-OK-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 529/984] House-5597: Engrossed in House --- bills_text/House-5597.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-5597.txt b/bills_text/House-5597.txt index a73ddff..744ab02 100644 --- a/bills_text/House-5597.txt +++ b/bills_text/House-5597.txt @@ -2,25 +2,9 @@ 2d Session H. R. 5597 - To designate the facility of the United States Postal Service located -at 305 Northwest 5th Street in Oklahoma City, Oklahoma, as the ``Clara - Luper Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 14, 2020 - - Ms. Kendra S. Horn of Oklahoma (for herself, Mr. Kevin Hern of -Oklahoma, Mr. Mullin, Mr. Lucas, and Mr. Cole) introduced the following - bill; which was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -40,4 +24,22 @@ be known and designated as the ``Clara Luper Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Clara Luper Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives September 14, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5597 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 305 Northwest 5th Street in Oklahoma City, Oklahoma, as the ``Clara + Luper Post Office Building''. From 969fb6d517957c5b4a53e87a9b8ff9ca9d2551a3 Mon Sep 17 00:00:00 2001 From: "Rep. Horn, Kendra S. [D-OK-5]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 530/984] House-5597: Enrolled --- bills_text/House-5597.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5597.txt b/bills_text/House-5597.txt index 744ab02..6275651 100644 --- a/bills_text/House-5597.txt +++ b/bills_text/House-5597.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5597 + H.R.5597 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 305 Northwest 5th Street in Oklahoma City, Oklahoma, as the ``Clara - Luper Post Office Building''. +To designate the facility of the United States Postal Service located at + 305 Northwest 5th Street in Oklahoma City, Oklahoma, as the ``Clara + Luper Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. CLARA LUPER POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 305 Northwest 5th Street in Oklahoma City, Oklahoma, shall be known and designated as the ``Clara Luper Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Clara Luper Post Office Building''. - Passed the House of Representatives September 14, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5597 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 305 Northwest 5th Street in Oklahoma City, Oklahoma, as the ``Clara - Luper Post Office Building''. + Vice President of the United States and + President of the Senate. From d1a3084a7e3efa074094c00eb32a356b91a30ab1 Mon Sep 17 00:00:00 2001 From: "Rep. Guthrie, Brett [R-KY-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 531/984] House-5663: Introduced to House --- bills_text/House-5663.txt | 75 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 75 insertions(+) create mode 100644 bills_text/House-5663.txt diff --git a/bills_text/House-5663.txt b/bills_text/House-5663.txt new file mode 100644 index 0000000..eda7fbb --- /dev/null +++ b/bills_text/House-5663.txt @@ -0,0 +1,75 @@ +116th CONGRESS + 2d Session + H. R. 5663 + +To amend the Federal Food, Drug, and Cosmetic Act to give authority to + the Secretary of Health and Human Services, acting through the + Commissioner of Food and Drugs, to destroy counterfeit devices. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 21, 2020 + +Mr. Guthrie (for himself and Mr. Engel) introduced the following bill; + which was referred to the Committee on Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + +To amend the Federal Food, Drug, and Cosmetic Act to give authority to + the Secretary of Health and Human Services, acting through the + Commissioner of Food and Drugs, to destroy counterfeit devices. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Safeguarding Therapeutics Act''. + +SEC. 2. AUTHORITY TO DESTROY COUNTERFEIT DEVICES. + + Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 +U.S.C. 381(a)) is amended-- + (1) in the fourth sentence insert ``or counterfeit device'' + after ``counterfeit drug''; and + (2) by striking ``The Secretary of the Treasury shall cause + the destruction of'' and all that follows through ``liable for + costs pursuant to subsection (c).'' and inserting the + following: ``The Secretary of the Treasury shall cause the + destruction of any such article refused admission unless such + article is exported, under regulations prescribed by the + Secretary of the Treasury, within ninety days of the date of + notice of such refusal or within such additional time as may be + permitted pursuant to such regulations, except that the + Secretary of Health and Human Services may destroy, without the + opportunity for export, any drug or device refused admission + under this section, if such drug or device is valued at an + amount that is $2,500 or less (or such higher amount as the + Secretary of the Treasury may set by regulation pursuant to + section 498(a)(1) of the Tariff Act of 1930 (19 U.S.C. + 1498(a)(1))) and was not brought into compliance as described + under subsection (b). The Secretary of Health and Human + Services shall issue regulations providing for notice and an + opportunity to appear before the Secretary of Health and Human + Services and introduce testimony, as described in the first + sentence of this subsection, on destruction of a drug or device + under the seventh sentence of this subsection. The regulations + shall provide that prior to destruction, appropriate due + process is available to the owner or consignee seeking to + challenge the decision to destroy the drug or device. Where the + Secretary of Health and Human Services provides notice and an + opportunity to appear and introduce testimony on the + destruction of a drug or device, the Secretary of Health and + Human Services shall store and, as applicable, dispose of the + drug or device after the issuance of the notice, except that + the owner and consignee shall remain liable for costs pursuant + to subsection (c).''. + \ No newline at end of file From 60da047d4b86a1914b3003753d3faac938aea31d Mon Sep 17 00:00:00 2001 From: "Rep. Guthrie, Brett [R-KY-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 532/984] House-5663: Engrossed in House --- bills_text/House-5663.txt | 85 ++++++++++++++++++++++++++++----------- 1 file changed, 61 insertions(+), 24 deletions(-) diff --git a/bills_text/House-5663.txt b/bills_text/House-5663.txt index eda7fbb..df5c7ad 100644 --- a/bills_text/House-5663.txt +++ b/bills_text/House-5663.txt @@ -2,24 +2,9 @@ 2d Session H. R. 5663 -To amend the Federal Food, Drug, and Cosmetic Act to give authority to - the Secretary of Health and Human Services, acting through the - Commissioner of Food and Drugs, to destroy counterfeit devices. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - January 21, 2020 - -Mr. Guthrie (for himself and Mr. Engel) introduced the following bill; - which was referred to the Committee on Energy and Commerce - _______________________________________________________________________ - A BILL + AN ACT @@ -32,22 +17,22 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``Safeguarding Therapeutics Act''. + This Act may be cited as the ``Safeguarding Therapeutics Act''. SEC. 2. AUTHORITY TO DESTROY COUNTERFEIT DEVICES. - Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 -U.S.C. 381(a)) is amended-- - (1) in the fourth sentence insert ``or counterfeit device'' - after ``counterfeit drug''; and + (a) In General.--Section 801(a) of the Federal Food, Drug, and +Cosmetic Act (21 U.S.C. 381(a)) is amended-- + (1) in the fourth sentence, by inserting ``or counterfeit + device'' after ``counterfeit drug''; and (2) by striking ``The Secretary of the Treasury shall cause the destruction of'' and all that follows through ``liable for costs pursuant to subsection (c).'' and inserting the following: ``The Secretary of the Treasury shall cause the destruction of any such article refused admission unless such article is exported, under regulations prescribed by the - Secretary of the Treasury, within ninety days of the date of - notice of such refusal or within such additional time as may be + Secretary of the Treasury, within 90 days of the date of notice + of such refusal or within such additional time as may be permitted pursuant to such regulations, except that the Secretary of Health and Human Services may destroy, without the opportunity for export, any drug or device refused admission @@ -72,4 +57,56 @@ U.S.C. 381(a)) is amended-- drug or device after the issuance of the notice, except that the owner and consignee shall remain liable for costs pursuant to subsection (c).''. - \ No newline at end of file + (b) Definition.--Section 201(h) of the Federal Food, Drug, and +Cosmetic Act (21 U.S.C. 321(h)) is amended-- + (1) by redesignating subparagraphs (1), (2), and (3) as + clauses (A), (B), and (C), respectively; and + (2) after making such redesignations-- + (A) by striking ``(h) The term'' and inserting + ``(h)(1) The term''; and + (B) by adding at the end the following: + ``(2) The term `counterfeit device' means a device which, + or the container, packaging, or labeling of which, without + authorization, bears a trademark, trade name, or other + identifying mark, imprint, or symbol, or any likeness thereof, + or is manufactured using a design, of a device manufacturer, + packer, or distributor other than the person or persons who in + fact manufactured, packed, or distributed such device and which + thereby falsely purports or is represented to be the product + of, or to have been packed or distributed by, such other device + manufacturer, packer, or distributor. + ``(3) For purposes of subparagraph (2)-- + ``(A) the term `manufactured' refers to any of the + following activities: manufacture, preparation, + propagation, compounding, assembly, or processing; and + ``(B) the term `manufacturer' means a person who is + engaged in any of the activities listed in clause + (A).''. + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 21, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5663 + +_______________________________________________________________________ + + AN ACT + +To amend the Federal Food, Drug, and Cosmetic Act to give authority to + the Secretary of Health and Human Services, acting through the + Commissioner of Food and Drugs, to destroy counterfeit devices. From 1d0da1e84666bc56479abc84c662881d62a2e371 Mon Sep 17 00:00:00 2001 From: "Rep. Guthrie, Brett [R-KY-2]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 533/984] House-5663: Enrolled --- bills_text/House-5663.txt | 166 ++++++++++++++++---------------------- 1 file changed, 69 insertions(+), 97 deletions(-) diff --git a/bills_text/House-5663.txt b/bills_text/House-5663.txt index df5c7ad..e28743d 100644 --- a/bills_text/House-5663.txt +++ b/bills_text/House-5663.txt @@ -1,112 +1,84 @@ -116th CONGRESS - 2d Session - H. R. 5663 + H.R.5663 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend the Federal Food, Drug, and Cosmetic Act to give authority to - the Secretary of Health and Human Services, acting through the - Commissioner of Food and Drugs, to destroy counterfeit devices. + To amend the Federal Food, Drug, and Cosmetic Act to give authority to + the Secretary of Health and Human Services, acting through the + Commissioner of Food and Drugs, to destroy counterfeit devices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Safeguarding Therapeutics Act''. - SEC. 2. AUTHORITY TO DESTROY COUNTERFEIT DEVICES. - (a) In General.--Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended-- - (1) in the fourth sentence, by inserting ``or counterfeit - device'' after ``counterfeit drug''; and - (2) by striking ``The Secretary of the Treasury shall cause - the destruction of'' and all that follows through ``liable for - costs pursuant to subsection (c).'' and inserting the - following: ``The Secretary of the Treasury shall cause the - destruction of any such article refused admission unless such - article is exported, under regulations prescribed by the - Secretary of the Treasury, within 90 days of the date of notice - of such refusal or within such additional time as may be - permitted pursuant to such regulations, except that the - Secretary of Health and Human Services may destroy, without the - opportunity for export, any drug or device refused admission - under this section, if such drug or device is valued at an - amount that is $2,500 or less (or such higher amount as the - Secretary of the Treasury may set by regulation pursuant to - section 498(a)(1) of the Tariff Act of 1930 (19 U.S.C. - 1498(a)(1))) and was not brought into compliance as described - under subsection (b). The Secretary of Health and Human - Services shall issue regulations providing for notice and an - opportunity to appear before the Secretary of Health and Human - Services and introduce testimony, as described in the first - sentence of this subsection, on destruction of a drug or device - under the seventh sentence of this subsection. The regulations - shall provide that prior to destruction, appropriate due - process is available to the owner or consignee seeking to - challenge the decision to destroy the drug or device. Where the - Secretary of Health and Human Services provides notice and an - opportunity to appear and introduce testimony on the - destruction of a drug or device, the Secretary of Health and - Human Services shall store and, as applicable, dispose of the - drug or device after the issuance of the notice, except that - the owner and consignee shall remain liable for costs pursuant - to subsection (c).''. + (1) in the fourth sentence, by inserting ``or counterfeit + device'' after ``counterfeit drug''; and + (2) by striking ``The Secretary of the Treasury shall cause the + destruction of'' and all that follows through ``liable for costs + pursuant to subsection (c).'' and inserting the following: ``The + Secretary of the Treasury shall cause the destruction of any such + article refused admission unless such article is exported, under + regulations prescribed by the Secretary of the Treasury, within 90 + days of the date of notice of such refusal or within such + additional time as may be permitted pursuant to such regulations, + except that the Secretary of Health and Human Services may destroy, + without the opportunity for export, any drug or device refused + admission under this section, if such drug or device is valued at + an amount that is $2,500 or less (or such higher amount as the + Secretary of the Treasury may set by regulation pursuant to section + 498(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1498(a)(1))) and was + not brought into compliance as described under subsection (b). The + Secretary of Health and Human Services shall issue regulations + providing for notice and an opportunity to appear before the + Secretary of Health and Human Services and introduce testimony, as + described in the first sentence of this subsection, on destruction + of a drug or device under the seventh sentence of this subsection. + The regulations shall provide that prior to destruction, + appropriate due process is available to the owner or consignee + seeking to challenge the decision to destroy the drug or device. + Where the Secretary of Health and Human Services provides notice + and an opportunity to appear and introduce testimony on the + destruction of a drug or device, the Secretary of Health and Human + Services shall store and, as applicable, dispose of the drug or + device after the issuance of the notice, except that the owner and + consignee shall remain liable for costs pursuant to subsection + (c).''. (b) Definition.--Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) is amended-- - (1) by redesignating subparagraphs (1), (2), and (3) as - clauses (A), (B), and (C), respectively; and - (2) after making such redesignations-- - (A) by striking ``(h) The term'' and inserting - ``(h)(1) The term''; and - (B) by adding at the end the following: - ``(2) The term `counterfeit device' means a device which, - or the container, packaging, or labeling of which, without - authorization, bears a trademark, trade name, or other - identifying mark, imprint, or symbol, or any likeness thereof, - or is manufactured using a design, of a device manufacturer, - packer, or distributor other than the person or persons who in - fact manufactured, packed, or distributed such device and which - thereby falsely purports or is represented to be the product - of, or to have been packed or distributed by, such other device - manufacturer, packer, or distributor. - ``(3) For purposes of subparagraph (2)-- - ``(A) the term `manufactured' refers to any of the - following activities: manufacture, preparation, - propagation, compounding, assembly, or processing; and - ``(B) the term `manufacturer' means a person who is - engaged in any of the activities listed in clause - (A).''. - -SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - - The budgetary effects of this Act, for the purpose of complying -with the Statutory Pay-As-You-Go Act of 2010, shall be determined by -reference to the latest statement titled ``Budgetary Effects of PAYGO -Legislation'' for this Act, submitted for printing in the Congressional -Record by the Chairman of the House Budget Committee, provided that -such statement has been submitted prior to the vote on passage. - - Passed the House of Representatives September 21, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5663 - -_______________________________________________________________________ - - AN ACT - -To amend the Federal Food, Drug, and Cosmetic Act to give authority to - the Secretary of Health and Human Services, acting through the - Commissioner of Food and Drugs, to destroy counterfeit devices. + (1) by redesignating subparagraphs (1), (2), and (3) as clauses + (A), (B), and (C), respectively; and + (2) after making such redesignations-- + (A) by striking ``(h) The term'' and inserting ``(h)(1) The + term''; and + (B) by adding at the end the following: + ``(2) The term `counterfeit device' means a device which, or the +container, packaging, or labeling of which, without authorization, +bears a trademark, trade name, or other identifying mark or imprint, or +any likeness thereof, or is manufactured using a design, of a device +manufacturer, processor, packer, or distributor other than the person +or persons who in fact manufactured, processed, packed, or distributed +such device and which thereby falsely purports or is represented to be +the product of, or to have been packed or distributed by, such other +device manufacturer, processor, packer, or distributor.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 360f26a124395e321c35e477e86bc49ddeb78a6a Mon Sep 17 00:00:00 2001 From: "Rep. Garamendi, John [D-CA-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 534/984] House-5671: Introduced to House --- bills_text/House-5671.txt | 155 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 155 insertions(+) create mode 100644 bills_text/House-5671.txt diff --git a/bills_text/House-5671.txt b/bills_text/House-5671.txt new file mode 100644 index 0000000..8899f1b --- /dev/null +++ b/bills_text/House-5671.txt @@ -0,0 +1,155 @@ +116th CONGRESS + 2d Session + H. R. 5671 + +To award a Congressional Gold Medal, collectively, to the United States + Merchant Mariners of World War II, in recognition of their dedicated + and vital service during World War II. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 24, 2020 + +Mr. Garamendi introduced the following bill; which was referred to the + Committee on Financial Services + +_______________________________________________________________________ + + A BILL + + + +To award a Congressional Gold Medal, collectively, to the United States + Merchant Mariners of World War II, in recognition of their dedicated + and vital service during World War II. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Merchant Mariners of World War II +Congressional Gold Medal Act of 2020''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) 2020 marked the 75th anniversary of Allied victory in + World War II. + (2) The United States Merchant Marine (in this section + referred to as the ``Merchant Marine'') was integral in + providing the link between domestic production and the fighting + forces overseas, providing combat equipment, fuel, food, + commodities, and raw materials to troops stationed abroad. + (3) Fleet Admiral Ernest J. King acknowledged the + indispensability of the Merchant Marine to the victory in a + 1945 letter stating that, without the support of the Merchant + Marine, ``the Navy could not have accomplished its mission''. + (4) President, and former Supreme Commander of the Allied + Expeditionary Forces, Dwight D. Eisenhower acknowledged that + ``through the prompt delivery of supplies and equipment to our + armed forces overseas, and of cargoes representing economic and + military aid to friendly nations, the American Merchant Marine + has effectively helped to strengthen the forces of freedom + throughout the world''. + (5) Military missions and war planning were contingent upon + the availability of resources and the Merchant Marine played a + vital role in this regard, ensuring the efficient and reliable + transoceanic transport of military equipment and both military + and civilian personnel. + (6) The Merchant Marine provided for the successful + transport of resources and personnel despite consistent and + ongoing exposure to enemy combatants from both the air and the + sea, including from enemy bomber squadrons, submarines, and + naval mines. + (7) The efforts of the Merchant Marine were not without + sacrifices as the Merchant Marine likely bore a higher per- + capita casualty rate than any of the military branches during + the war. + (8) The Merchant Marine proved to be an instrumental asset + on an untold number of occasions, participating in every + landing operation by the United States Marine Corps, from + Guadalcanal to Okinawa. + (9) The Merchant Marine provided the bulk tonnage of + material necessary for the invasion of Normandy, an invasion + which, according to a 1944 New York Times article, ``would not + have been possible without the Merchant Marine''. + (10) In assessing the performance of the Merchant Marine, + General Eisenhower stated, ``every man in this Allied command + is quick to express his admiration for the loyalty, courage, + and fortitude of the officers and men of the Merchant Marine. + We count upon their efficiency and their utter devotion to duty + as we do our own; they have never failed us''. + (11) During a September 1944 speech, President Franklin D. + Roosevelt stated that the Merchant Marine had ``delivered the + goods when and where needed in every theater of operations and + across every ocean in the biggest, the most difficult, and + dangerous transportation job ever undertaken. As time goes on, + there will be greater public understanding of our merchant + fleet's record during this war''. + (12) The feats and accomplishments of the Merchant Marine + are deserving of broader public recognition. + (13) The United States will be forever grateful and + indebted to these merchant mariners for their effective, + reliable, and courageous transport of goods and resources in + enemy territory throughout theaters of every variety in World + War II. + (14) The goods and resources transported by the Merchant + Marine saved thousands of lives and enabled the Allied Powers + to claim victory in World War II. + (15) The Congressional Gold Medal would be an appropriate + way to shed further light on the service of the merchant + mariners in World War II and the instrumental role they played + in winning that war. + (16) Many students of the Merchant Marine Academy lost + their lives as they sailed through enemy-controlled waters or + unloaded cargo in overseas combat areas, and, as a result, the + United States Merchant Marine Academy is the only institution + among the 5 Federal academies to be authorized to carry a + battle standard as part of its color guard. + +SEC. 3. CONGRESSIONAL GOLD MEDAL. + + (a) Award Authorized.--The Speaker of the House of Representatives +and the President pro tempore of the Senate shall make appropriate +arrangements for the award, on behalf of Congress, of a single gold +medal of appropriate design to the United States merchant mariners of +World War II, in recognition of their dedicated and vital service +during World War II. + (b) Design and Striking.--For the purposes of the award described +in subsection (a), the Secretary of the Treasury (in this Act referred +to as the ``Secretary'') shall strike the gold medal with suitable +emblems, devices, and inscriptions, to be determined by the Secretary. + (c) American Merchant Marine Museum.-- + (1) In general.--Following the award of the gold medal + under subsection (a), the gold medal shall be given to the + American Merchant Marine Museum, where it will be available for + display as appropriate and available for research. + (2) Sense of congress.--It is the sense of Congress that + the American Merchant Marine Museum should make the gold medal + given to the Museum under paragraph (1) available for display + elsewhere, particularly at appropriate locations associated + with the United States Merchant Marine and that preference + should be given to locations affiliated with the United States + Merchant Marine. + +SEC. 4. DUPLICATE MEDALS. + + Under such regulations as the Secretary may prescribe, the +Secretary may strike and sell duplicates in bronze of the gold medal +struck under section 3, at a price sufficient to cover the costs of the +medals, including labor, materials, dies, use of machinery, and +overhead expenses. + +SEC. 5. STATUS OF MEDALS. + + (a) National Medals.--Medals struck under this Act are national +medals for purposes of chapter 51 of title 31, United States Code. + (b) Numismatic Items.--For purposes of section 5134 of title 31, +United States Code, all medals struck under this Act shall be +considered to be numismatic items. + \ No newline at end of file From e0a0b267b66a5e1d36377d89d448ccd892a4b58f Mon Sep 17 00:00:00 2001 From: "Rep. Garamendi, John [D-CA-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 535/984] House-5671: Engrossed in House --- bills_text/House-5671.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-5671.txt b/bills_text/House-5671.txt index 8899f1b..2be3ed5 100644 --- a/bills_text/House-5671.txt +++ b/bills_text/House-5671.txt @@ -2,24 +2,9 @@ 2d Session H. R. 5671 -To award a Congressional Gold Medal, collectively, to the United States - Merchant Mariners of World War II, in recognition of their dedicated - and vital service during World War II. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 24, 2020 - -Mr. Garamendi introduced the following bill; which was referred to the - Committee on Financial Services - -_______________________________________________________________________ - - A BILL + AN ACT @@ -109,7 +94,7 @@ SEC. 2. FINDINGS. their lives as they sailed through enemy-controlled waters or unloaded cargo in overseas combat areas, and, as a result, the United States Merchant Marine Academy is the only institution - among the 5 Federal academies to be authorized to carry a + among the five Federal academies to be authorized to carry a battle standard as part of its color guard. SEC. 3. CONGRESSIONAL GOLD MEDAL. @@ -152,4 +137,22 @@ medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. - \ No newline at end of file + + Passed the House of Representatives January 27, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5671 + +_______________________________________________________________________ + + AN ACT + +To award a Congressional Gold Medal, collectively, to the United States + Merchant Mariners of World War II, in recognition of their dedicated + and vital service during World War II. From 33fa505a3ceadef8397761e9237ab39c6435138f Mon Sep 17 00:00:00 2001 From: "Rep. Garamendi, John [D-CA-3]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 536/984] House-5671: Enrolled --- bills_text/House-5671.txt | 217 +++++++++++++++++--------------------- 1 file changed, 99 insertions(+), 118 deletions(-) diff --git a/bills_text/House-5671.txt b/bills_text/House-5671.txt index 2be3ed5..7357f85 100644 --- a/bills_text/House-5671.txt +++ b/bills_text/House-5671.txt @@ -1,104 +1,104 @@ -116th CONGRESS - 2d Session - H. R. 5671 + H.R.5671 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To award a Congressional Gold Medal, collectively, to the United States - Merchant Mariners of World War II, in recognition of their dedicated - and vital service during World War II. +Merchant Mariners of World War II, in recognition of their dedicated and + vital service during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Merchant Mariners of World War II Congressional Gold Medal Act of 2020''. - SEC. 2. FINDINGS. - Congress finds the following: - (1) 2020 marked the 75th anniversary of Allied victory in - World War II. - (2) The United States Merchant Marine (in this section - referred to as the ``Merchant Marine'') was integral in - providing the link between domestic production and the fighting - forces overseas, providing combat equipment, fuel, food, - commodities, and raw materials to troops stationed abroad. - (3) Fleet Admiral Ernest J. King acknowledged the - indispensability of the Merchant Marine to the victory in a - 1945 letter stating that, without the support of the Merchant - Marine, ``the Navy could not have accomplished its mission''. - (4) President, and former Supreme Commander of the Allied - Expeditionary Forces, Dwight D. Eisenhower acknowledged that - ``through the prompt delivery of supplies and equipment to our - armed forces overseas, and of cargoes representing economic and - military aid to friendly nations, the American Merchant Marine - has effectively helped to strengthen the forces of freedom - throughout the world''. - (5) Military missions and war planning were contingent upon - the availability of resources and the Merchant Marine played a - vital role in this regard, ensuring the efficient and reliable - transoceanic transport of military equipment and both military - and civilian personnel. - (6) The Merchant Marine provided for the successful - transport of resources and personnel despite consistent and - ongoing exposure to enemy combatants from both the air and the - sea, including from enemy bomber squadrons, submarines, and - naval mines. - (7) The efforts of the Merchant Marine were not without - sacrifices as the Merchant Marine likely bore a higher per- - capita casualty rate than any of the military branches during - the war. - (8) The Merchant Marine proved to be an instrumental asset - on an untold number of occasions, participating in every - landing operation by the United States Marine Corps, from - Guadalcanal to Okinawa. - (9) The Merchant Marine provided the bulk tonnage of - material necessary for the invasion of Normandy, an invasion - which, according to a 1944 New York Times article, ``would not - have been possible without the Merchant Marine''. - (10) In assessing the performance of the Merchant Marine, - General Eisenhower stated, ``every man in this Allied command - is quick to express his admiration for the loyalty, courage, - and fortitude of the officers and men of the Merchant Marine. - We count upon their efficiency and their utter devotion to duty - as we do our own; they have never failed us''. - (11) During a September 1944 speech, President Franklin D. - Roosevelt stated that the Merchant Marine had ``delivered the - goods when and where needed in every theater of operations and - across every ocean in the biggest, the most difficult, and - dangerous transportation job ever undertaken. As time goes on, - there will be greater public understanding of our merchant - fleet's record during this war''. - (12) The feats and accomplishments of the Merchant Marine - are deserving of broader public recognition. - (13) The United States will be forever grateful and - indebted to these merchant mariners for their effective, - reliable, and courageous transport of goods and resources in - enemy territory throughout theaters of every variety in World - War II. - (14) The goods and resources transported by the Merchant - Marine saved thousands of lives and enabled the Allied Powers - to claim victory in World War II. - (15) The Congressional Gold Medal would be an appropriate - way to shed further light on the service of the merchant - mariners in World War II and the instrumental role they played - in winning that war. - (16) Many students of the Merchant Marine Academy lost - their lives as they sailed through enemy-controlled waters or - unloaded cargo in overseas combat areas, and, as a result, the - United States Merchant Marine Academy is the only institution - among the five Federal academies to be authorized to carry a - battle standard as part of its color guard. - + (1) 2020 marked the 75th anniversary of Allied victory in World + War II. + (2) The United States Merchant Marine (in this section referred + to as the ``Merchant Marine'') was integral in providing the link + between domestic production and the fighting forces overseas, + providing combat equipment, fuel, food, commodities, and raw + materials to troops stationed abroad. + (3) Fleet Admiral Ernest J. King acknowledged the + indispensability of the Merchant Marine to the victory in a 1945 + letter stating that, without the support of the Merchant Marine, + ``the Navy could not have accomplished its mission''. + (4) President, and former Supreme Commander of the Allied + Expeditionary Forces, Dwight D. Eisenhower acknowledged that + ``through the prompt delivery of supplies and equipment to our + armed forces overseas, and of cargoes representing economic and + military aid to friendly nations, the American Merchant Marine has + effectively helped to strengthen the forces of freedom throughout + the world''. + (5) Military missions and war planning were contingent upon the + availability of resources and the Merchant Marine played a vital + role in this regard, ensuring the efficient and reliable + transoceanic transport of military equipment and both military and + civilian personnel. + (6) The Merchant Marine provided for the successful transport + of resources and personnel despite consistent and ongoing exposure + to enemy combatants from both the air and the sea, including from + enemy bomber squadrons, submarines, and naval mines. + (7) The efforts of the Merchant Marine were not without + sacrifices as the Merchant Marine likely bore a higher per-capita + casualty rate than any of the military branches during the war. + (8) The Merchant Marine proved to be an instrumental asset on + an untold number of occasions, participating in every landing + operation by the United States Marine Corps, from Guadalcanal to + Okinawa. + (9) The Merchant Marine provided the bulk tonnage of material + necessary for the invasion of Normandy, an invasion which, + according to a 1944 New York Times article, ``would not have been + possible without the Merchant Marine''. + (10) In assessing the performance of the Merchant Marine, + General Eisenhower stated, ``every man in this Allied command is + quick to express his admiration for the loyalty, courage, and + fortitude of the officers and men of the Merchant Marine. We count + upon their efficiency and their utter devotion to duty as we do our + own; they have never failed us''. + (11) During a September 1944 speech, President Franklin D. + Roosevelt stated that the Merchant Marine had ``delivered the goods + when and where needed in every theater of operations and across + every ocean in the biggest, the most difficult, and dangerous + transportation job ever undertaken. As time goes on, there will be + greater public understanding of our merchant fleet's record during + this war''. + (12) The feats and accomplishments of the Merchant Marine are + deserving of broader public recognition. + (13) The United States will be forever grateful and indebted to + these merchant mariners for their effective, reliable, and + courageous transport of goods and resources in enemy territory + throughout theaters of every variety in World War II. + (14) The goods and resources transported by the Merchant Marine + saved thousands of lives and enabled the Allied Powers to claim + victory in World War II. + (15) The Congressional Gold Medal would be an appropriate way + to shed further light on the service of the merchant mariners in + World War II and the instrumental role they played in winning that + war. + (16) Many students of the Merchant Marine Academy lost their + lives as they sailed through enemy-controlled waters or unloaded + cargo in overseas combat areas, and, as a result, the United States + Merchant Marine Academy is the only institution among the five + Federal academies to be authorized to carry a battle standard as + part of its color guard. SEC. 3. CONGRESSIONAL GOLD MEDAL. - (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold @@ -110,49 +110,30 @@ in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) American Merchant Marine Museum.-- - (1) In general.--Following the award of the gold medal - under subsection (a), the gold medal shall be given to the - American Merchant Marine Museum, where it will be available for - display as appropriate and available for research. - (2) Sense of congress.--It is the sense of Congress that - the American Merchant Marine Museum should make the gold medal - given to the Museum under paragraph (1) available for display - elsewhere, particularly at appropriate locations associated - with the United States Merchant Marine and that preference - should be given to locations affiliated with the United States - Merchant Marine. - + (1) In general.--Following the award of the gold medal under + subsection (a), the gold medal shall be given to the American + Merchant Marine Museum, where it will be available for display as + appropriate and available for research. + (2) Sense of congress.--It is the sense of Congress that the + American Merchant Marine Museum should make the gold medal given to + the Museum under paragraph (1) available for display elsewhere, + particularly at appropriate locations associated with the United + States Merchant Marine and that preference should be given to + locations affiliated with the United States Merchant Marine. SEC. 4. DUPLICATE MEDALS. - Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. - SEC. 5. STATUS OF MEDALS. - (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. - Passed the House of Representatives January 27, 2020. - - Attest: - - Clerk. -116th CONGRESS + Speaker of the House of Representatives. - 2d Session - - H. R. 5671 - -_______________________________________________________________________ - - AN ACT - -To award a Congressional Gold Medal, collectively, to the United States - Merchant Mariners of World War II, in recognition of their dedicated - and vital service during World War II. + Vice President of the United States and + President of the Senate. From 218681c28e635c0fbc45ddc7595596aeaed2795c Mon Sep 17 00:00:00 2001 From: "Rep. Himes, James A. [D-CT-4]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 537/984] House-5852: Introduced to House --- bills_text/House-5852.txt | 68 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 68 insertions(+) create mode 100644 bills_text/House-5852.txt diff --git a/bills_text/House-5852.txt b/bills_text/House-5852.txt new file mode 100644 index 0000000..05bca4e --- /dev/null +++ b/bills_text/House-5852.txt @@ -0,0 +1,68 @@ +116th CONGRESS + 2d Session + H. R. 5852 + + To redesignate the Weir Farm National Historic Site in the State of + Connecticut as the ``Weir Farm National Historical Park''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 11, 2020 + + Mr. Himes introduced the following bill; which was referred to the + Committee on Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To redesignate the Weir Farm National Historic Site in the State of + Connecticut as the ``Weir Farm National Historical Park''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Weir Farm National Historical Park +Redesignation Act''. + +SEC. 2. WEIR FARM NATIONAL HISTORICAL PARK. + + (a) In General.--The Weir Farm National Historic Site shall be +known and designated as the ``Weir Farm National Historical Park''. + (b) Amendments to the Weir Farm National Historic Site +Establishment Act of 1990.--The Weir Farm National Historic Site +Establishment Act of 1990 (54 U.S.C. 320101 note; Public Law 101-485; +104 Stat. 1171; 108 Stat. 4756; 112 Stat. 3296; 123 Stat. 1190) is +amended-- + (1) in section 2(2)-- + (A) by striking ``historic site'' and inserting + ``historical park''; and + (B) by striking ``National Historic Site'' and + inserting ``National Historical Park''; + (2) in section 4-- + (A) in the heading, by striking ``historic site'' + and inserting ``historical park''; + (B) in subsection (a), by striking ``Historic + Site'' and inserting ``Historical Park''; and + (C) by striking ``historic site'' each place it + appears and inserting ``historical park''; + (3) in section 5, by striking ``historic site'' each place + it appears and inserting ``historical park''; and + (4) in section 6-- + (A) in the heading, by striking ``historic site'' + and inserting ``historical park''; and + (B) by striking ``historic site'' each place it + appears and inserting ``historical park''. + (c) References.--Any reference in any law, regulation, document, +record, map, or other paper of the United States to the Weir Farm +National Historic Site shall be considered to be a reference to the +``Weir Farm National Historical Park''. + \ No newline at end of file From 421d797afc3a65f77708068763d21e6081d9952e Mon Sep 17 00:00:00 2001 From: "Rep. Himes, James A. [D-CT-4]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 538/984] House-5852: Engrossed in House --- bills_text/House-5852.txt | 35 +++++++++++++++++++---------------- 1 file changed, 19 insertions(+), 16 deletions(-) diff --git a/bills_text/House-5852.txt b/bills_text/House-5852.txt index 05bca4e..dd1e172 100644 --- a/bills_text/House-5852.txt +++ b/bills_text/House-5852.txt @@ -2,23 +2,9 @@ 2d Session H. R. 5852 - To redesignate the Weir Farm National Historic Site in the State of - Connecticut as the ``Weir Farm National Historical Park''. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 11, 2020 - - Mr. Himes introduced the following bill; which was referred to the - Committee on Natural Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -65,4 +51,21 @@ amended-- record, map, or other paper of the United States to the Weir Farm National Historic Site shall be considered to be a reference to the ``Weir Farm National Historical Park''. - \ No newline at end of file + + Passed the House of Representatives December 17, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5852 + +_______________________________________________________________________ + + AN ACT + + To redesignate the Weir Farm National Historic Site in the State of + Connecticut as the ``Weir Farm National Historical Park''. From 8387153b4bcb1d80cbfb4e0c26e044a9112edb81 Mon Sep 17 00:00:00 2001 From: "Rep. Himes, James A. [D-CT-4]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 539/984] House-5852: Received in Senate --- bills_text/House-5852.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-5852.txt b/bills_text/House-5852.txt index dd1e172..c8a8deb 100644 --- a/bills_text/House-5852.txt +++ b/bills_text/House-5852.txt @@ -2,6 +2,16 @@ 2d Session H. R. 5852 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 18, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -56,16 +66,6 @@ National Historic Site shall be considered to be a reference to the Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 5852 - -_______________________________________________________________________ - - AN ACT - - To redesignate the Weir Farm National Historic Site in the State of - Connecticut as the ``Weir Farm National Historical Park''. + Clerk. From 468cdaa22b5b3fb29a7040c594f6dc12d4f46de7 Mon Sep 17 00:00:00 2001 From: "Rep. Himes, James A. [D-CT-4]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 540/984] House-5852: Enrolled --- bills_text/House-5852.txt | 68 +++++++++++++++++---------------------- 1 file changed, 30 insertions(+), 38 deletions(-) diff --git a/bills_text/House-5852.txt b/bills_text/House-5852.txt index c8a8deb..8bd7d53 100644 --- a/bills_text/House-5852.txt +++ b/bills_text/House-5852.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 2d Session - H. R. 5852 + H.R.5852 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 18, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act @@ -23,14 +22,10 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Weir Farm National Historical Park Redesignation Act''. - SEC. 2. WEIR FARM NATIONAL HISTORICAL PARK. - (a) In General.--The Weir Farm National Historic Site shall be known and designated as the ``Weir Farm National Historical Park''. (b) Amendments to the Weir Farm National Historic Site @@ -38,34 +33,31 @@ Establishment Act of 1990.--The Weir Farm National Historic Site Establishment Act of 1990 (54 U.S.C. 320101 note; Public Law 101-485; 104 Stat. 1171; 108 Stat. 4756; 112 Stat. 3296; 123 Stat. 1190) is amended-- - (1) in section 2(2)-- - (A) by striking ``historic site'' and inserting - ``historical park''; and - (B) by striking ``National Historic Site'' and - inserting ``National Historical Park''; - (2) in section 4-- - (A) in the heading, by striking ``historic site'' - and inserting ``historical park''; - (B) in subsection (a), by striking ``Historic - Site'' and inserting ``Historical Park''; and - (C) by striking ``historic site'' each place it - appears and inserting ``historical park''; - (3) in section 5, by striking ``historic site'' each place - it appears and inserting ``historical park''; and - (4) in section 6-- - (A) in the heading, by striking ``historic site'' - and inserting ``historical park''; and - (B) by striking ``historic site'' each place it - appears and inserting ``historical park''. + (1) in section 2(2)-- + (A) by striking ``historic site'' and inserting + ``historical park''; and + (B) by striking ``National Historic Site'' and inserting + ``National Historical Park''; + (2) in section 4-- + (A) in the heading, by striking ``historic site'' and + inserting ``historical park''; + (B) in subsection (a), by striking ``Historic Site'' and + inserting ``Historical Park''; and + (C) by striking ``historic site'' each place it appears and + inserting ``historical park''; + (3) in section 5, by striking ``historic site'' each place it + appears and inserting ``historical park''; and + (4) in section 6-- + (A) in the heading, by striking ``historic site'' and + inserting ``historical park''; and + (B) by striking ``historic site'' each place it appears and + inserting ``historical park''. (c) References.--Any reference in any law, regulation, document, record, map, or other paper of the United States to the Weir Farm National Historic Site shall be considered to be a reference to the ``Weir Farm National Historical Park''. - Passed the House of Representatives December 17, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From b5fd550b4588772676e0597ee7ee91f72b88768d Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 541/984] House-5901: Introduced to House --- bills_text/House-5901.txt | 79 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 79 insertions(+) create mode 100644 bills_text/House-5901.txt diff --git a/bills_text/House-5901.txt b/bills_text/House-5901.txt new file mode 100644 index 0000000..3f11cbf --- /dev/null +++ b/bills_text/House-5901.txt @@ -0,0 +1,79 @@ +116th CONGRESS + 2d Session + H. R. 5901 + +To establish a program to facilitate the adoption of modern technology + by executive agencies, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 13, 2020 + +Mr. Khanna (for himself and Mr. Meadows) introduced the following bill; + which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + +To establish a program to facilitate the adoption of modern technology + by executive agencies, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Modernization Centers of Excellence +Program Act''. + +SEC. 2. GSA MODERNIZATION CENTERS OF EXCELLENCE PROGRAM. + + (a) Establishment.--The Administrator of General Services, acting +through the Director of the Technology Transformation Services, shall +establish a program (to be known as the ``Modernization Centers of +Excellence Program'') to facilitate the adoption of modern technology +by executive agencies. + (b) Responsibilities.--The Modernization Centers of Excellence +Program shall have the following responsibilities upon request by an +executive agency: + (1) To modernize information technology and how a customer + interacts with an executive agency. + (2) To improve cooperation between commercial and executive + agency information technology sectors. + (3) To assist an executive agency with planning and + adoption of-- + (A) a commercial cloud computing system that + includes-- + (i) end-to-end migration planning and an + assessment of progress towards modernization; + and + (ii) a security and governance framework + based on industry and government best + practices; + (B) tools to help a customer receive support from + and communicate with an executive agency; + (C) contact centers and other related costumer + supports; + (D) efficient use of data management, analysis, and + reporting; and + (E) optimized infrastructure, including for data + centers, and to reduce operating costs. + (4) To share best practices and expertise an executive + agency. + (5) Other responsibilities the Director of Technology + Transformation Services may identify. + (c) Definitions.--In this section: + (1) Cloud computing.--The term ``cloud computing'' has the + meaning given that term in section 1076 of the National Defense + Authorization Act of 2018 (40 U.S.C. 11301 note). + (2) Executive agency.--The term ``executive agency'' has + the meaning given the term ``Executive agency'' in section 105 + of title 5, United States Code. + \ No newline at end of file From fd11fd613e359dbb6f59e23fa5c727a916dc50ea Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 542/984] House-5901: Engrossed in House --- bills_text/House-5901.txt | 149 +++++++++++++++++++++++++------------- 1 file changed, 97 insertions(+), 52 deletions(-) diff --git a/bills_text/House-5901.txt b/bills_text/House-5901.txt index 3f11cbf..53ff1f3 100644 --- a/bills_text/House-5901.txt +++ b/bills_text/House-5901.txt @@ -2,23 +2,9 @@ 2d Session H. R. 5901 -To establish a program to facilitate the adoption of modern technology - by executive agencies, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - February 13, 2020 - -Mr. Khanna (for himself and Mr. Meadows) introduced the following bill; - which was referred to the Committee on Oversight and Reform - _______________________________________________________________________ - A BILL + AN ACT @@ -30,50 +16,109 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``Modernization Centers of Excellence -Program Act''. + This Act may be cited as the ``Information Technology Modernization +Centers of Excellence Program Act''. SEC. 2. GSA MODERNIZATION CENTERS OF EXCELLENCE PROGRAM. - (a) Establishment.--The Administrator of General Services, acting -through the Director of the Technology Transformation Services, shall -establish a program (to be known as the ``Modernization Centers of -Excellence Program'') to facilitate the adoption of modern technology -by executive agencies. - (b) Responsibilities.--The Modernization Centers of Excellence -Program shall have the following responsibilities upon request by an -executive agency: - (1) To modernize information technology and how a customer + (a) Definitions.--In this section: + (1) Cloud computing.--The term ``cloud computing'' has the + meaning given the term in section 1076 of the National Defense + Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note). + (2) Executive agency.--The term ``executive agency'' has + the meaning given the term ``Executive agency'' in section 105 + of title 5, United States Code. + (3) Program.--The term ``Program'' means the Information + Technology Modernization Centers of Excellence Program + established under subsection (b). + (b) Establishment.--The Administrator of General Services shall +establish a program to be known as the Information Technology +Modernization Centers of Excellence Program to facilitate the adoption +of modern technology by executive agencies on a reimbursable basis. + (c) Responsibilities.--The Program shall have the following +responsibilities: + (1) To encourage the modernization of information + technology used by an executive agency and how a customer interacts with an executive agency. (2) To improve cooperation between commercial and executive agency information technology sectors. - (3) To assist an executive agency with planning and - adoption of-- - (A) a commercial cloud computing system that + (3) To the extent practicable, encourage the adoption of + commercial items in accordance with section 3307 of title 41, + United States Code. + (4) Upon request by the executive agency, to assist + executive agencies with planning and adoption of technology in + focus areas designated by the Administrator, which may include + the following: + (A) A commercial cloud computing system that includes-- (i) end-to-end migration planning and an assessment of progress towards modernization; and - (ii) a security and governance framework - based on industry and government best - practices; - (B) tools to help a customer receive support from - and communicate with an executive agency; - (C) contact centers and other related costumer - supports; - (D) efficient use of data management, analysis, and - reporting; and - (E) optimized infrastructure, including for data - centers, and to reduce operating costs. - (4) To share best practices and expertise an executive - agency. - (5) Other responsibilities the Director of Technology - Transformation Services may identify. - (c) Definitions.--In this section: - (1) Cloud computing.--The term ``cloud computing'' has the - meaning given that term in section 1076 of the National Defense - Authorization Act of 2018 (40 U.S.C. 11301 note). - (2) Executive agency.--The term ``executive agency'' has - the meaning given the term ``Executive agency'' in section 105 - of title 5, United States Code. - \ No newline at end of file + (ii) a cybersecurity and governance + framework that promotes industry and government + risk management best practice approaches, + prioritizing efforts based on risk, impact, and + consequences. + (B) Tools to help an individual receive support + from and communicate with an executive agency. + (C) Contact centers and other related customer + supports. + (D) Efficient use of data management, analysis, and + reporting. + (E) The optimization of infrastructure, including + for data centers, and the reduction of operating costs. + (F) Artificial intelligence. + (5) To share best practices and expertise with executive + agencies. + (6) Other responsibilities the Administrator may identify. + (d) Coordination.--The Administrator shall coordinate with the +Secretary of Homeland Security in establishing the Program to ensure +that the technology, tools, and frameworks facilitated for executive +agencies by the Program provide sufficient cybersecurity and maintain +the integrity, confidentiality, and availability of Federal +information. + (e) Program Reporting.--Not later than 1 year after the date of +enactment of this Act, and every year thereafter, the Administrator +shall submit to the Committee on Homeland Security and Governmental +Affairs of the Senate and the Committee on Oversight and Reform of the +House of Representatives a report on the Program, which shall include +the following: + (1) A description of the reimbursable agreements, + statements of work, and associated project schedules and + deliverables for the Program. + (2) Details on the total amount of the reimbursable + agreements. + (3) Any additional information the Administrator determines + necessary. + (f) Sunset.--This Act shall cease to have effect on the date that +is 7 years after the date of enactment of this Act. + (g) Rule of Construction.--Nothing in this Act shall be construed +to impair or otherwise affect the authority delegated by law to an +executive agency or the head of an executive agency. + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 30, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5901 + +_______________________________________________________________________ + + AN ACT + +To establish a program to facilitate the adoption of modern technology + by executive agencies, and for other purposes. From 7aedb02eb1d26d56620dcfcfbed66f49d66963b2 Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 543/984] House-5901: Received in Senate --- bills_text/House-5901.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-5901.txt b/bills_text/House-5901.txt index 53ff1f3..ee603fd 100644 --- a/bills_text/House-5901.txt +++ b/bills_text/House-5901.txt @@ -2,6 +2,16 @@ 2d Session H. R. 5901 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 1, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -109,16 +119,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 5901 - -_______________________________________________________________________ - - AN ACT - -To establish a program to facilitate the adoption of modern technology - by executive agencies, and for other purposes. + Clerk. From 23fa01d02e8d7e11b23b067e852c1c73d2d57791 Mon Sep 17 00:00:00 2001 From: "Rep. Khanna, Ro [D-CA-17]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 544/984] House-5901: Enrolled --- bills_text/House-5901.txt | 128 +++++++++++++++++--------------------- 1 file changed, 56 insertions(+), 72 deletions(-) diff --git a/bills_text/House-5901.txt b/bills_text/House-5901.txt index ee603fd..5c2bfdc 100644 --- a/bills_text/House-5901.txt +++ b/bills_text/House-5901.txt @@ -1,86 +1,76 @@ -116th CONGRESS - 2d Session - H. R. 5901 + H.R.5901 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - October 1, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act -To establish a program to facilitate the adoption of modern technology + To establish a program to facilitate the adoption of modern technology by executive agencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Information Technology Modernization Centers of Excellence Program Act''. - SEC. 2. GSA MODERNIZATION CENTERS OF EXCELLENCE PROGRAM. - (a) Definitions.--In this section: - (1) Cloud computing.--The term ``cloud computing'' has the - meaning given the term in section 1076 of the National Defense - Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note). - (2) Executive agency.--The term ``executive agency'' has - the meaning given the term ``Executive agency'' in section 105 - of title 5, United States Code. - (3) Program.--The term ``Program'' means the Information - Technology Modernization Centers of Excellence Program - established under subsection (b). + (1) Cloud computing.--The term ``cloud computing'' has the + meaning given the term in section 1076 of the National Defense + Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note). + (2) Executive agency.--The term ``executive agency'' has the + meaning given the term ``Executive agency'' in section 105 of title + 5, United States Code. + (3) Program.--The term ``Program'' means the Information + Technology Modernization Centers of Excellence Program established + under subsection (b). (b) Establishment.--The Administrator of General Services shall establish a program to be known as the Information Technology Modernization Centers of Excellence Program to facilitate the adoption of modern technology by executive agencies on a reimbursable basis. (c) Responsibilities.--The Program shall have the following responsibilities: - (1) To encourage the modernization of information - technology used by an executive agency and how a customer - interacts with an executive agency. - (2) To improve cooperation between commercial and executive - agency information technology sectors. - (3) To the extent practicable, encourage the adoption of - commercial items in accordance with section 3307 of title 41, - United States Code. - (4) Upon request by the executive agency, to assist - executive agencies with planning and adoption of technology in - focus areas designated by the Administrator, which may include - the following: - (A) A commercial cloud computing system that - includes-- - (i) end-to-end migration planning and an - assessment of progress towards modernization; - and - (ii) a cybersecurity and governance - framework that promotes industry and government - risk management best practice approaches, - prioritizing efforts based on risk, impact, and - consequences. - (B) Tools to help an individual receive support - from and communicate with an executive agency. - (C) Contact centers and other related customer - supports. - (D) Efficient use of data management, analysis, and - reporting. - (E) The optimization of infrastructure, including - for data centers, and the reduction of operating costs. - (F) Artificial intelligence. - (5) To share best practices and expertise with executive - agencies. - (6) Other responsibilities the Administrator may identify. + (1) To encourage the modernization of information technology + used by an executive agency and how a customer interacts with an + executive agency. + (2) To improve cooperation between commercial and executive + agency information technology sectors. + (3) To the extent practicable, encourage the adoption of + commercial items in accordance with section 3307 of title 41, + United States Code. + (4) Upon request by the executive agency, to assist executive + agencies with planning and adoption of technology in focus areas + designated by the Administrator, which may include the following: + (A) A commercial cloud computing system that includes-- + (i) end-to-end migration planning and an assessment of + progress towards modernization; and + (ii) a cybersecurity and governance framework that + promotes industry and government risk management best + practice approaches, prioritizing efforts based on risk, + impact, and consequences. + (B) Tools to help an individual receive support from and + communicate with an executive agency. + (C) Contact centers and other related customer supports. + (D) Efficient use of data management, analysis, and + reporting. + (E) The optimization of infrastructure, including for data + centers, and the reduction of operating costs. + (F) Artificial intelligence. + (5) To share best practices and expertise with executive + agencies. + (6) Other responsibilities the Administrator may identify. (d) Coordination.--The Administrator shall coordinate with the Secretary of Homeland Security in establishing the Program to ensure that the technology, tools, and frameworks facilitated for executive @@ -93,21 +83,18 @@ shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the Program, which shall include the following: - (1) A description of the reimbursable agreements, - statements of work, and associated project schedules and - deliverables for the Program. - (2) Details on the total amount of the reimbursable - agreements. - (3) Any additional information the Administrator determines - necessary. + (1) A description of the reimbursable agreements, statements of + work, and associated project schedules and deliverables for the + Program. + (2) Details on the total amount of the reimbursable agreements. + (3) Any additional information the Administrator determines + necessary. (f) Sunset.--This Act shall cease to have effect on the date that is 7 years after the date of enactment of this Act. (g) Rule of Construction.--Nothing in this Act shall be construed to impair or otherwise affect the authority delegated by law to an executive agency or the head of an executive agency. - SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -115,10 +102,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 30, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 556a2f9e7a3b8b8830e6da83672ef345e7e9c7fa Mon Sep 17 00:00:00 2001 From: "Rep. Slotkin, Elissa [D-MI-8]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 545/984] House-5954: Introduced to House --- bills_text/House-5954.txt | 42 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 42 insertions(+) create mode 100644 bills_text/House-5954.txt diff --git a/bills_text/House-5954.txt b/bills_text/House-5954.txt new file mode 100644 index 0000000..cd6af26 --- /dev/null +++ b/bills_text/House-5954.txt @@ -0,0 +1,42 @@ +116th CONGRESS + 2d Session + H. R. 5954 + + To designate the facility of the United States Postal Service located + at 108 West Maple Street in Holly, Michigan, as the ``Holly Veterans + Memorial Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 25, 2020 + + Ms. Slotkin introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 108 West Maple Street in Holly, Michigan, as the ``Holly Veterans + Memorial Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. HOLLY VETERANS MEMORIAL POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 108 West Maple Street in Holly, Michigan, shall be known and +designated as the ``Holly Veterans Memorial Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Holly +Veterans Memorial Post Office''. + \ No newline at end of file From 8027759a52cb8b6f1903fac3fde426bf5c0b7b33 Mon Sep 17 00:00:00 2001 From: "Rep. Slotkin, Elissa [D-MI-8]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 546/984] House-5954: Engrossed in House --- bills_text/House-5954.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-5954.txt b/bills_text/House-5954.txt index cd6af26..bf72f0e 100644 --- a/bills_text/House-5954.txt +++ b/bills_text/House-5954.txt @@ -2,24 +2,9 @@ 2d Session H. R. 5954 - To designate the facility of the United States Postal Service located - at 108 West Maple Street in Holly, Michigan, as the ``Holly Veterans - Memorial Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 25, 2020 - - Ms. Slotkin introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -39,4 +24,22 @@ designated as the ``Holly Veterans Memorial Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Holly Veterans Memorial Post Office''. - \ No newline at end of file + + Passed the House of Representatives September 30, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5954 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 108 West Maple Street in Holly, Michigan, as the ``Holly Veterans + Memorial Post Office''. From f52a8c59e8efdf601566e7bf20118705ff45ce65 Mon Sep 17 00:00:00 2001 From: "Rep. Slotkin, Elissa [D-MI-8]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 547/984] House-5954: Enrolled --- bills_text/House-5954.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5954.txt b/bills_text/House-5954.txt index bf72f0e..e2b6a21 100644 --- a/bills_text/House-5954.txt +++ b/bills_text/House-5954.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5954 + H.R.5954 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 108 West Maple Street in Holly, Michigan, as the ``Holly Veterans - Memorial Post Office''. +To designate the facility of the United States Postal Service located at + 108 West Maple Street in Holly, Michigan, as the ``Holly Veterans + Memorial Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. HOLLY VETERANS MEMORIAL POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 108 West Maple Street in Holly, Michigan, shall be known and designated as the ``Holly Veterans Memorial Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Holly Veterans Memorial Post Office''. - Passed the House of Representatives September 30, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5954 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 108 West Maple Street in Holly, Michigan, as the ``Holly Veterans - Memorial Post Office''. + Vice President of the United States and + President of the Senate. From 5a4c9ad5de9457769917bcde88cd50278cb34247 Mon Sep 17 00:00:00 2001 From: "Rep. Blunt Rochester, Lisa [D-DE-At Large]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 548/984] House-5972: Introduced to House --- bills_text/House-5972.txt | 51 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 51 insertions(+) create mode 100644 bills_text/House-5972.txt diff --git a/bills_text/House-5972.txt b/bills_text/House-5972.txt new file mode 100644 index 0000000..9c40151 --- /dev/null +++ b/bills_text/House-5972.txt @@ -0,0 +1,51 @@ +116th CONGRESS + 2d Session + H. R. 5972 + + To designate the facility of the United States Postal Service located +at 500 Delaware Avenue, Suite 1, in Wilmington, Delaware, as the ``Mary + Ann Shadd Cary Post Office''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 26, 2020 + + Ms. Blunt Rochester (for herself, Ms. Foxx of North Carolina, Mr. + Lynch, Mr. Norman, Mr. Clay, Ms. Norton, Ms. Moore, Mr. Johnson of + Georgia, Mrs. Davis of California, Ms. Lee of California, Mr. Welch, + Mr. Payne, Ms. Schakowsky, Mrs. Dingell, Mr. Rush, and Ms. Castor of + Florida) introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 500 Delaware Avenue, Suite 1, in Wilmington, Delaware, as the ``Mary + Ann Shadd Cary Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Mary Ann Shadd Cary Post Office +Dedication Act''. + +SEC. 2. MARY ANN SHADD CARY POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 500 Delaware Avenue, Suite 1, in Wilmington, Delaware, shall +be known and designated as the ``Mary Ann Shadd Cary Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Mary Ann +Shadd Cary Post Office''. + \ No newline at end of file From d9e9f4fe7a3c5816a17cef41740c63985703a4a7 Mon Sep 17 00:00:00 2001 From: "Rep. Blunt Rochester, Lisa [D-DE-At Large]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 549/984] House-5972: Engrossed in House --- bills_text/House-5972.txt | 41 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 21 deletions(-) diff --git a/bills_text/House-5972.txt b/bills_text/House-5972.txt index 9c40151..a72ffc8 100644 --- a/bills_text/House-5972.txt +++ b/bills_text/House-5972.txt @@ -2,28 +2,9 @@ 2d Session H. R. 5972 - To designate the facility of the United States Postal Service located -at 500 Delaware Avenue, Suite 1, in Wilmington, Delaware, as the ``Mary - Ann Shadd Cary Post Office''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 26, 2020 - - Ms. Blunt Rochester (for herself, Ms. Foxx of North Carolina, Mr. - Lynch, Mr. Norman, Mr. Clay, Ms. Norton, Ms. Moore, Mr. Johnson of - Georgia, Mrs. Davis of California, Ms. Lee of California, Mr. Welch, - Mr. Payne, Ms. Schakowsky, Mrs. Dingell, Mr. Rush, and Ms. Castor of - Florida) introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -48,4 +29,22 @@ be known and designated as the ``Mary Ann Shadd Cary Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Mary Ann Shadd Cary Post Office''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5972 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 500 Delaware Avenue, Suite 1, in Wilmington, Delaware, as the ``Mary + Ann Shadd Cary Post Office''. From daa24bd10225b80f728e97d6cf488321420567ad Mon Sep 17 00:00:00 2001 From: "Rep. Blunt Rochester, Lisa [D-DE-At Large]" <> Date: Sun, 27 Dec 2020 18:28:39 -0500 Subject: [PATCH 550/984] House-5972: Enrolled --- bills_text/House-5972.txt | 49 ++++++++++++++++----------------------- 1 file changed, 20 insertions(+), 29 deletions(-) diff --git a/bills_text/House-5972.txt b/bills_text/House-5972.txt index a72ffc8..f395d3e 100644 --- a/bills_text/House-5972.txt +++ b/bills_text/House-5972.txt @@ -1,27 +1,32 @@ -116th CONGRESS - 2d Session - H. R. 5972 + H.R.5972 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 500 Delaware Avenue, Suite 1, in Wilmington, Delaware, as the ``Mary - Ann Shadd Cary Post Office''. +To designate the facility of the United States Postal Service located at +500 Delaware Avenue, Suite 1, in Wilmington, Delaware, as the ``Mary Ann + Shadd Cary Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Mary Ann Shadd Cary Post Office Dedication Act''. - SEC. 2. MARY ANN SHADD CARY POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 500 Delaware Avenue, Suite 1, in Wilmington, Delaware, shall be known and designated as the ``Mary Ann Shadd Cary Post Office''. @@ -30,21 +35,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Mary Ann Shadd Cary Post Office''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5972 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 500 Delaware Avenue, Suite 1, in Wilmington, Delaware, as the ``Mary - Ann Shadd Cary Post Office''. + Vice President of the United States and + President of the Senate. From c18ed0031fb5eb3affb60c6f63e8b39a73611d62 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 551/984] House-5983: Introduced to House --- bills_text/House-5983.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-5983.txt diff --git a/bills_text/House-5983.txt b/bills_text/House-5983.txt new file mode 100644 index 0000000..5da26b9 --- /dev/null +++ b/bills_text/House-5983.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 2d Session + H. R. 5983 + + To designate the facility of the United States Postal Service located + at 4150 Chicago Avenue in Riverside, California, as the ``Woodie + Rucker-Hughes Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 26, 2020 + + Mr. Takano (for himself, Mrs. Torres of California, Mr. Cook, Mr. + Cisneros, Mr. Calvert, Mr. Aguilar, and Mr. Ruiz) introduced the + following bill; which was referred to the Committee on Oversight and + Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 4150 Chicago Avenue in Riverside, California, as the ``Woodie + Rucker-Hughes Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. WOODIE RUCKER-HUGHES POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 4150 Chicago Avenue in Riverside, California, shall be known +and designated as the ``Woodie Rucker-Hughes Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Woodie +Rucker-Hughes Post Office Building''. + \ No newline at end of file From b7380606620c9dfb03fab1b32629218cf74a1637 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 552/984] House-5983: Engrossed in House --- bills_text/House-5983.txt | 39 ++++++++++++++++++++------------------- 1 file changed, 20 insertions(+), 19 deletions(-) diff --git a/bills_text/House-5983.txt b/bills_text/House-5983.txt index 5da26b9..97225d4 100644 --- a/bills_text/House-5983.txt +++ b/bills_text/House-5983.txt @@ -2,26 +2,9 @@ 2d Session H. R. 5983 - To designate the facility of the United States Postal Service located - at 4150 Chicago Avenue in Riverside, California, as the ``Woodie - Rucker-Hughes Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 26, 2020 - - Mr. Takano (for himself, Mrs. Torres of California, Mr. Cook, Mr. - Cisneros, Mr. Calvert, Mr. Aguilar, and Mr. Ruiz) introduced the - following bill; which was referred to the Committee on Oversight and - Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -41,4 +24,22 @@ and designated as the ``Woodie Rucker-Hughes Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Woodie Rucker-Hughes Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 5983 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 4150 Chicago Avenue in Riverside, California, as the ``Woodie + Rucker-Hughes Post Office Building''. From b08f5676f70671b02e7be3672f9b3d28a316b076 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 553/984] House-5983: Enrolled --- bills_text/House-5983.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-5983.txt b/bills_text/House-5983.txt index 97225d4..13524ea 100644 --- a/bills_text/House-5983.txt +++ b/bills_text/House-5983.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 5983 + H.R.5983 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 4150 Chicago Avenue in Riverside, California, as the ``Woodie - Rucker-Hughes Post Office Building''. +To designate the facility of the United States Postal Service located at + 4150 Chicago Avenue in Riverside, California, as the ``Woodie Rucker- + Hughes Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. WOODIE RUCKER-HUGHES POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 4150 Chicago Avenue in Riverside, California, shall be known and designated as the ``Woodie Rucker-Hughes Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Woodie Rucker-Hughes Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 5983 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 4150 Chicago Avenue in Riverside, California, as the ``Woodie - Rucker-Hughes Post Office Building''. + Vice President of the United States and + President of the Senate. From 0ce1d48857e96fa093ca89bfcbe3ee45b03f6094 Mon Sep 17 00:00:00 2001 From: "Rep. Lesko, Debbie [R-AZ-8]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 554/984] House-6016: Introduced to House --- bills_text/House-6016.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/House-6016.txt diff --git a/bills_text/House-6016.txt b/bills_text/House-6016.txt new file mode 100644 index 0000000..e4a0033 --- /dev/null +++ b/bills_text/House-6016.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 2d Session + H. R. 6016 + + To designate the facility of the United States Postal Service located + at 14955 West Bell Road in Surprise, Arizona, as the ``Marc Lee + Memorial Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + February 28, 2020 + + Mrs. Lesko (for herself, Mr. Biggs, Mr. Gosar, Mr. Stanton, Mr. + O'Halleran, Mr. Grijalva, Mrs. Kirkpatrick, Mr. Gallego, and Mr. + Schweikert) introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 14955 West Bell Road in Surprise, Arizona, as the ``Marc Lee + Memorial Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. MARC LEE MEMORIAL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 14955 West Bell Road in Surprise, Arizona, shall be known +and designated as the ``Marc Lee Memorial Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Marc Lee +Memorial Post Office Building''. + \ No newline at end of file From 3376911d33c0b947ea264b7f6492b200d83e8b69 Mon Sep 17 00:00:00 2001 From: "Rep. Lesko, Debbie [R-AZ-8]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 555/984] House-6016: Engrossed in House --- bills_text/House-6016.txt | 39 ++++++++++++++++++++------------------- 1 file changed, 20 insertions(+), 19 deletions(-) diff --git a/bills_text/House-6016.txt b/bills_text/House-6016.txt index e4a0033..7cacf71 100644 --- a/bills_text/House-6016.txt +++ b/bills_text/House-6016.txt @@ -2,26 +2,9 @@ 2d Session H. R. 6016 - To designate the facility of the United States Postal Service located - at 14955 West Bell Road in Surprise, Arizona, as the ``Marc Lee - Memorial Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - February 28, 2020 - - Mrs. Lesko (for herself, Mr. Biggs, Mr. Gosar, Mr. Stanton, Mr. - O'Halleran, Mr. Grijalva, Mrs. Kirkpatrick, Mr. Gallego, and Mr. - Schweikert) introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -41,4 +24,22 @@ and designated as the ``Marc Lee Memorial Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Marc Lee Memorial Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6016 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 14955 West Bell Road in Surprise, Arizona, as the ``Marc Lee + Memorial Post Office Building''. From 5c00c2e22a492ebe3607d82488dc184e9d9dc1ab Mon Sep 17 00:00:00 2001 From: "Rep. Lesko, Debbie [R-AZ-8]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 556/984] House-6016: Received in Senate --- bills_text/House-6016.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-6016.txt b/bills_text/House-6016.txt index 7cacf71..36228bc 100644 --- a/bills_text/House-6016.txt +++ b/bills_text/House-6016.txt @@ -2,6 +2,16 @@ 2d Session H. R. 6016 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 11, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -29,17 +39,6 @@ Memorial Post Office Building''. Attest: - Clerk. -116th CONGRESS - - 2d Session - - H. R. 6016 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To designate the facility of the United States Postal Service located - at 14955 West Bell Road in Surprise, Arizona, as the ``Marc Lee - Memorial Post Office Building''. + Clerk. From 55d4ce755a5124bd8f8bef54faec0cf2a18ca4b4 Mon Sep 17 00:00:00 2001 From: "Rep. Lesko, Debbie [R-AZ-8]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 557/984] House-6016: Enrolled --- bills_text/House-6016.txt | 34 ++++++++++++++-------------------- 1 file changed, 14 insertions(+), 20 deletions(-) diff --git a/bills_text/House-6016.txt b/bills_text/House-6016.txt index 36228bc..3a95621 100644 --- a/bills_text/House-6016.txt +++ b/bills_text/House-6016.txt @@ -1,32 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 6016 + H.R.6016 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 11, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To designate the facility of the United States Postal Service located - at 14955 West Bell Road in Surprise, Arizona, as the ``Marc Lee - Memorial Post Office Building''. +To designate the facility of the United States Postal Service located at + 14955 West Bell Road in Surprise, Arizona, as the ``Marc Lee Memorial + Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. MARC LEE MEMORIAL POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 14955 West Bell Road in Surprise, Arizona, shall be known and designated as the ``Marc Lee Memorial Post Office Building''. @@ -35,10 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Marc Lee Memorial Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 21c2f84c593d957a34fc1ed46fd8de4dbb43df55 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 558/984] House-6074: Engrossed in House --- bills_text/House-6074.txt | 654 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 654 insertions(+) create mode 100644 bills_text/House-6074.txt diff --git a/bills_text/House-6074.txt b/bills_text/House-6074.txt new file mode 100644 index 0000000..38e81bd --- /dev/null +++ b/bills_text/House-6074.txt @@ -0,0 +1,654 @@ +116th CONGRESS + 2d Session + H. R. 6074 + +_______________________________________________________________________ + + AN ACT + + + +Making emergency supplemental appropriations for the fiscal year ending + September 30, 2020, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Coronavirus Preparedness and +Response Supplemental Appropriations Act, 2020''. + +SEC. 2. REFERENCES. + + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. + + DIVISION A--CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL + APPROPRIATIONS ACT, 2020 + + The following sums are hereby are appropriated, out of any money +in the Treasury not otherwise appropriated, for the fiscal year ending +September 30, 2020, and for other purposes, namely: + + TITLE I + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Food and Drug Administration + + salaries and expenses + + For an additional amount for ``Salaries and Expenses'', +$61,000,000, to remain available until expended, to prevent, prepare +for, and respond to coronavirus, domestically or internationally, +including the development of necessary medical countermeasures and +vaccines, advanced manufacturing for medical products, the monitoring +of medical product supply chains, and related administrative +activities: Provided, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + TITLE II + + SMALL BUSINESS ADMINISTRATION + + Disaster Loans Program Account + + (including transfers of funds) + + For an additional amount for the ``Disaster Loans Program Account'' +for administrative expenses to carry out the disaster loan program +authorized by section 7(b) of the Small Business Act, $20,000,000, to +remain available until expended: Provided, That such amounts may be +transferred to and merged with ``Small Business Administration-- +Salaries and Expenses'': Provided further, That for purposes of +section 7(b)(2)(D) of the Small Business Act, coronavirus shall be +deemed to be a disaster and amounts available under ``Disaster Loans +Program Account'' for the cost of direct loans in any fiscal year may +be used to make economic injury disaster loans under such section in +response to the coronavirus: Provided further, That none of the funds +provided under this heading in this Act may be used for indirect +administrative expenses: Provided further, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985: Provided further, That amounts +repurposed under this heading that were previously designated by the +Congress as an emergency requirement pursuant to the Balanced Budget +and Emergency Deficit Control Act of 1985 are designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + TITLE III + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Centers for Disease Control and Prevention + + cdc-wide activities and program support + + (including transfer of funds) + + For an additional amount for ``CDC-Wide Activities and Program +Support'', $2,200,000,000, to remain available until September 30, +2022, to prevent, prepare for, and respond to coronavirus, domestically +or internationally: Provided, That not less than $950,000,000 of the +amount provided shall be for grants to or cooperative agreements with +States, localities, territories, tribes, tribal organizations, urban +Indian health organizations, or health service providers to tribes, to +carry out surveillance, epidemiology, laboratory capacity, infection +control, mitigation, communications, and other preparedness and +response activities: Provided further, That $475,000,000 of the funds +made available in the preceding proviso shall be allocated within 30 +days of the date of enactment of this Act: Provided further, That +every grantee that received a Public Health Emergency Preparedness +grant for fiscal year 2019 shall receive not less than 90 percent of +that grant level from funds provided in the first proviso under this +heading in this Act, and not less than $40,000,000 of such funds shall +be allocated to tribes, tribal organizations, urban Indian health +organizations, or health service providers to tribes: Provided +further, That the Director of the Centers for Disease Control and +Prevention (``CDC'') may satisfy the funding thresholds outlined in the +preceding two provisos by making awards through other grant or +cooperative agreement mechanisms: Provided further, That each grantee +described in the third proviso under this heading in this Act shall +submit a spend plan to the CDC not later than 45 days after the date of +enactment of this Act: Provided further, That of the amount provided +under this heading in this Act, not less than $300,000,000 shall be for +global disease detection and emergency response: Provided further, +That of the amount provided under this heading in this Act, +$300,000,000 shall be transferred to and merged with amounts in the +Infectious Diseases Rapid Response Reserve Fund (``Reserve Fund''), +established by section 231 of division B of Public Law 115-245: +Provided further, That the Secretary of Health and Human Services, in +consultation with the Director of the CDC, shall provide a report to +the Committees on Appropriations of the House of Representatives and +the Senate every 14 days, for one year from the date from any such +declaration or determination described in the third proviso of section +231 of division B of Public Law 115-245, that details commitment and +obligation information for the Reserve Fund during the prior two weeks, +as long as such report would detail obligations in excess of +$5,000,000, and upon the request by such Committees: Provided further, +That funds appropriated under this heading in this Act may be used for +grants for the construction, alteration, or renovation of non-Federally +owned facilities to improve preparedness and response capability at the +State and local level: Provided further, That funds may be used for +purchase and insurance of official motor vehicles in foreign countries: + Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + National Institutes of Health + + national institute of allergy and infectious diseases + + (including transfer of funds) + + For an additional amount for ``National Institute of Allergy and +Infectious Diseases'', $836,000,000, to remain available until +September 30, 2024, to prevent, prepare for, and respond to +coronavirus, domestically or internationally: Provided, That of the +amount appropriated under this heading in this Act, not less than +$10,000,000 shall be transferred to ``National Institute of +Environmental Health Sciences'' for worker-based training to prevent +and reduce exposure of hospital employees, emergency first responders, +and other workers who are at risk of exposure to coronavirus through +their work duties: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + Office of the Secretary + + public health and social services emergency fund + + (including transfer of funds) + + For an additional amount for ``Public Health and Social Services +Emergency Fund'', $3,100,000,000, to remain available until September +30, 2024, to prevent, prepare for, and respond to coronavirus, +domestically or internationally, including the development of necessary +countermeasures and vaccines, prioritizing platform-based technologies +with U.S.-based manufacturing capabilities, and the purchase of +vaccines, therapeutics, diagnostics, necessary medical supplies, +medical surge capacity, and related administrative activities: +Provided, That such funds may be used to develop and demonstrate +innovations and enhancements to manufacturing platforms to support such +capabilities: Provided further, That the Secretary of Health and Human +Services shall purchase vaccines developed using funds made available +under this heading in this Act to respond to an outbreak or pandemic +related to coronavirus in quantities determined by the Secretary to be +adequate to address the public health need: Provided further, That +products purchased by the Federal government with funds made available +under this heading, including vaccines, therapeutics, and diagnostics, +shall be purchased in accordance with Federal Acquisition Regulation +guidance on fair and reasonable pricing: Provided further, That the +Secretary may take such measures authorized under current law to ensure +that vaccines, therapeutics, and diagnostics developed from funds +provided in this Act will be affordable in the commercial market: +Provided further, That in carrying out the previous proviso, the +Secretary shall not take actions that delay the development of such +products: Provided further, That products purchased with funds +appropriated in this paragraph may, at the discretion of the Secretary +of Health and Human Services, be deposited in the Strategic National +Stockpile under section 319F-2 of the Public Health Service Act: +Provided further, That funds appropriated under this heading in this +Act may be transferred to, and merged with, the fund authorized by +section 319F-4, the Covered Countermeasure Process Fund, of the Public +Health Service Act: Provided further, That funds appropriated under +this heading in this Act may be used for grants for the construction, +alteration, or renovation of non-Federally owned facilities to improve +preparedness and response capability at the State and local level: +Provided further, That funds appropriated under this heading in this +Act may be used for the construction, alteration, or renovation of non- +Federally owned facilities for the production of vaccines, +therapeutics, and diagnostics where the Secretary determines that such +a contract is necessary to secure sufficient amounts of such supplies: +Provided further, That of the amount provided under this heading in +this Act, $100,000,000 shall be transferred to ``Health Resources and +Services Administration--Primary Health Care'' for grants under the +Health Centers Program, as defined by section 330 of the Public Health +Service Act, to prevent, prepare for, and respond to coronavirus: +Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + For an additional amount for ``Public Health and Social Services +Emergency Fund'', $300,000,000, to remain available until September 30, +2024, for products purchased as described in the first paragraph under +this heading, including the purchase of vaccines, therapeutics, and +diagnostics, and under the same terms and conditions as the amounts +made available in the first paragraph under this heading in this Act: +Provided, That the amount made available in this paragraph shall only +be made available if the Secretary of Health and Human Services +certifies to the Committees on Appropriations of the House of +Representatives and the Senate that the funds made available in the +first paragraph under this heading in this Act allotted for such +purchase of such products will be obligated imminently and that +additional funds are necessary to purchase vaccines, therapeutics, or +diagnostics in quantities determined by the Secretary to be adequate +help to address the public health need: Provided further, That the +Secretary shall notify the Committees on Appropriations of the House of +Representatives and the Senate of such certification: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + (Including Transfer of Funds) + + Sec. 301. (a) Funds appropriated in this title may be made +available to restore amounts, either directly or through reimbursement, +for obligations incurred by agencies of the Department of Health and +Human Services to prevent, prepare for, and respond to coronavirus, +domestically or internationally, prior to the date of enactment of this +Act. This subsection shall not apply to obligations incurred by the +Infectious Diseases Rapid Response Reserve Fund. + (b) Grants or cooperative agreements with States, localities, +territories, tribes, tribal organizations, urban Indian health +organizations, or health service providers to tribes, under this title, +to carry out surveillance, epidemiology, laboratory capacity, infection +control, mitigation, communications, and other preparedness and +response activities to prevent, prepare for, and respond to coronavirus +shall include amounts to reimburse costs for these purposes incurred +between January 20, 2020, and the date of enactment of this Act. + (c) If any funds have been reprogrammed or transferred from an +appropriation, as described in the notification submitted by the +Secretary of Health and Human Services to the Committees on +Appropriations of the House of Representatives and the Senate on +February 2, 2020, prior to the date of enactment of this Act, such +amounts shall be reprogrammed or transferred back to that appropriation +within 45 days of the date of enactment of this Act. + Sec. 302. Funds appropriated by this title may be used by the +Secretary of the Health and Human Services to appoint, without regard +to the provisions of sections 3309 through 3319 of title 5 of the +United States Code, candidates needed for positions to perform critical +work relating to coronavirus for which-- + (1) public notice has been given; and + (2) the Secretary has determined that such a public health + threat exists. + Sec. 303. Funds made available by this title may be used to enter +into contracts with individuals for the provision of personal services +(as described in section 104 of part 37 of title 48, Code of Federal +Regulations (48 CFR 37.104)) to support the prevention of, preparation +for, or response to coronavirus, domestically and internationally, +subject to prior notification to the Committees on Appropriations of +the House of Representatives and the Senate: Provided, That such +individuals may not be deemed employees of the United States for the +purpose of any law administered by the Office of Personnel Management: +Provided further, That the authority made available pursuant to this +section shall expire on September 30, 2024. + Sec. 304. Funds appropriated by this title may be transferred to, +and merged with, other appropriation accounts under the headings +``Centers for Disease Control and Prevention'', ``Public Health and +Social Services Emergency Fund'', and ``National Institutes of Health'' +to prevent, prepare for, and respond to coronavirus, domestically or +internationally, following consultation with the Office of Management +and Budget: Provided, That the Committees on Appropriations of the +House of Representatives and the Senate shall be notified 10 days in +advance of any such transfer: Provided further, That upon a +determination that all or part of the funds transferred from an +appropriation by this title are not necessary, such amounts may be +transferred back to that appropriation: Provided further, That none of +the funds made available by this title may be transferred pursuant to +the authority in section 205 of division A of Public Law 116-94 or +section 241(a) of the Public Health Service Act. + Sec. 305. Not later than 30 days after the date of enactment of +this Act, the Secretary of Health and Human Services shall provide a +detailed spend plan of anticipated uses of funds made available to the +Department of Health and Human Services in this Act, including +estimated personnel and administrative costs, to the Committees on +Appropriations of the House of Representatives and the Senate: +Provided, That such plan shall be updated and submitted to such +Committees every 60 days until September 30, 2024: Provided further, +That the spend plans shall be accompanied by a listing of each contract +obligation incurred that exceeds $5,000,000 which has not previously +been reported, including the amount of each such obligation. + Sec. 306. Of the funds appropriated by this title under the +heading ``Public Health and Social Services Emergency Fund'', up to +$2,000,000 shall be transferred to, and merged with, funds made +available under the heading ``Office of the Secretary, Office of +Inspector General'', and shall remain available until expended, for +oversight of activities supported with funds appropriated to the +Department of Health and Human Services in titles I and III: Provided, +That the Inspector General of the Department of Health and Human +Services shall consult with the Committees on Appropriations of the +House of Representatives and the Senate prior to obligating such funds: + Provided further, That the transfer authority provided by this section +is in addition to any other transfer authority provided by law. + + TITLE IV + + DEPARTMENT OF STATE + + Administration of Foreign Affairs + + diplomatic programs + + For an additional amount for ``Diplomatic Programs'', $264,000,000, +to remain available until September 30, 2022, for necessary expenses to +prevent, prepare for, and respond to coronavirus, including for +maintaining consular operations, reimbursement of evacuation expenses, +and emergency preparedness: Provided, That such amount is designated +by the Congress as being for an emergency requirement pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985. + + UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT + + Funds Appropriated to the President + + office of inspector general + + For an additional amount for ``Office of Inspector General'', +$1,000,000, to remain available until September 30, 2022, for oversight +of activities funded by this title and administered by the United +States Agency for International Development: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + BILATERAL ECONOMIC ASSISTANCE + + Funds Appropriated to the President + + global health programs + + For an additional amount for ``Global Health Programs'', +$435,000,000, to remain available until September 30, 2022, for +necessary expenses to prevent, prepare for, and respond to coronavirus: + Provided, That such funds shall be administered by the Administrator +of the United States Agency for International Development: Provided +further, That of the funds appropriated under this heading in this Act, +not less than $200,000,000 shall be transferred to, and merged with, +funds made available for the Emergency Reserve Fund established +pursuant to section 7058(c)(1) of the Department of State, Foreign +Operations, and Related Programs Appropriations Act, 2017 (division J +of Public Law 115-31): Provided further, That funds made available +pursuant to the previous proviso shall be made available under the +terms and conditions of such section, as amended: Provided further, +That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + international disaster assistance + + For an additional amount for ``International Disaster Assistance'', +$300,000,000, to remain available until expended, for necessary +expenses to prevent, prepare for, and respond to coronavirus: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + economic support fund + + For an additional amount for ``Economic Support Fund'', +$250,000,000, to remain available until September 30, 2022, for +necessary expenses to prevent, prepare for, and respond to coronavirus, +including to address related economic, security, and stabilization +requirements: Provided, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + (including transfer of funds) + + Sec. 401. Funds appropriated by this title shall only be made +available for obligation subject to the regular notification procedures +of the Committees on Appropriations of the House of Representatives and +the Senate: Provided, That the requirement of this section shall not +apply to funds appropriated by this title under the heading +``International Disaster Assistance''. + Sec. 402. (a) Funds appropriated by this title under the heading +``Diplomatic Programs'' may be transferred to, and merged with, funds +available under the ``Consular and Border Security Programs'' account +to maintain consular operations impacted by coronavirus. + (b) Of the funds appropriated by this title under the heading +``Economic Support Fund'', up to $7,000,000 may be transferred to, and +merged with, funds appropriated under the heading ``Operating +Expenses'' in Acts making appropriations for the Department of State, +foreign operations, and related programs to prevent, prepare for, and +respond to coronavirus. + (c) Funds appropriated by this title under the headings ``Global +Health Programs'', ``International Disaster Assistance'', and +``Economic Support Fund'' may be transferred to, and merged with, funds +appropriated by this title under such headings to prevent, prepare for, +and respond to coronavirus. + (d) The transfer authorities of this section are in addition to any +other transfer authority provided by law. + (e) Upon a determination that all or part of the funds transferred +pursuant to the authorities provided by this section are not necessary +for such purposes, such amounts may be transferred back to such +appropriations. + (f) No funds shall be transferred pursuant to this section unless +at least 5 days prior to making such transfer the Secretary of State or +the Administrator of the United States Agency for International +Development, as appropriate, notifies the Committees on Appropriations +of the House of Representatives and the Senate in writing of the +details of any such transfer. + Sec. 403. Paragraph (6)(B) under the heading ``Administration of +Foreign Affairs, Diplomatic Programs'' of the Department of State, +Foreign Operations, and Related Programs Appropriations Act, 2020 +(division G of Public Law 116-94) is amended by striking ``, not to +exceed $10,000,000'' and inserting in lieu thereof ``for Worldwide +Security Protection, not to exceed $100,000,000'' and by adding the +following before the period at the end: ``: Provided, That no amounts +may be transferred from amounts that were designated by the Congress +for Overseas Contingency Operations/Global War on Terrorism pursuant to +the Concurrent Resolution on the Budget or the Balanced Budget and +Emergency Deficit Control Act of 1985'': Provided, That the exercise +of the authority provided by such paragraph shall be subject to prior +consultation with the Committees on Appropriations of the House of +Representatives and the Senate. + Sec. 404. Funds appropriated by this title under the headings +``Global Health Programs'' and ``Economic Support Fund'' may be made +available as contributions to international organizations to prevent, +prepare for, and respond to coronavirus, following consultation with +the Committees on Appropriations of the House of Representatives and +the Senate. + Sec. 405. Funds appropriated by this title under the headings +``Diplomatic Programs'', ``Global Health Programs'', ``International +Disaster Assistance'', and ``Economic Support Fund'' may be used to +reimburse accounts administered by the Department of State and the +United States Agency for International Development for obligations +incurred to prevent, prepare for, and respond to coronavirus prior to +the date of enactment of this Act: Provided, That this section shall +not apply to obligations incurred by the Emergency Reserve Fund, +established pursuant to section 7058(c)(1) of the Department of State, +Foreign Operations, and Related Programs Appropriations Act, 2017 +(division J of Public Law 115-31). + Sec. 406. (a) Strategy.--Not later than 15 days after the date of +enactment of this Act, the Secretary of State and the Administrator of +the United States Agency for International Development, following +consultation with the heads of other relevant Federal agencies, shall +jointly submit to the Committees on Appropriations of the House of +Representatives and the Senate a strategy to prevent, prepare for, and +respond to coronavirus abroad. + (b) Reporting Requirement.--Not later than 30 days after enactment +of this Act, the Secretary of State and the Administrator of the United +States Agency for International Development shall jointly submit to the +Committees on Appropriations of the House of Representatives and the +Senate a report on the proposed uses of funds appropriated by this +title on a country and project basis: Provided, That such report shall +be updated and submitted to such Committees every 60 days thereafter +until September 30, 2022, and every 180 days thereafter until all funds +have been expended, and shall include information detailing how +estimates and assumptions contained in previous reports have changed, +including obligations and expenditures on a country and project basis. + + TITLE V + + GENERAL PROVISIONS--THIS ACT + + Sec. 501. Each amount appropriated or made available by this Act +is in addition to amounts otherwise appropriated for the fiscal year +involved. + Sec. 502. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 503. Unless otherwise provided for by this Act, the +additional amounts appropriated by this Act to appropriations accounts +shall be available under the authorities and conditions applicable to +such appropriations accounts for fiscal year 2020. + Sec. 504. (a) Subject to subsection (b), and notwithstanding any +other provision of law, funds made available in this Act, or +transferred pursuant to authorization granted in this Act, may only be +used to prevent, prepare for, and respond to coronavirus. + (b) Subsection (a) shall not apply to section 301(c) of this Act, +or to reimbursements made pursuant to authority in this Act, or to +funds made available in this Act for the Emergency Reserve Fund, +established pursuant to section 7058(c)(1) of division J of Public Law +115-31, or to funds made available in this Act for the Infectious +Diseases Rapid Response Reserve Fund, established pursuant to section +231 of division B of Public Law 115-245. + Sec. 505. Not later than 60 days after the date of enactment of +this Act, the Comptroller General of the United States shall consult +with the Committees on Appropriations of the House of Representatives +and the Senate on oversight of activities supported with funds +appropriated by this Act. + Sec. 506. In this Act, the term ``coronavirus'' means SARS-CoV-2 +or another coronavirus with pandemic potential. + Sec. 507. Each amount designated in this Act by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985 shall +be available (or rescinded or transferred, if applicable) only if the +President subsequently so designates all such amounts and transmits +such designations to the Congress. + Sec. 508. Any amount appropriated by this Act, designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985 and subsequently so designated by the President, and +transferred pursuant to transfer authorities provided by this Act shall +retain such designation. + This division may be cited as the ``Coronavirus Preparedness and +Response Supplemental Appropriations Act, 2020''. + + DIVISION B--TELEHEALTH SERVICES DURING CERTAIN EMERGENCY PERIODS + +SEC. 101. SHORT TITLE. + + This division may be cited as the ``Telehealth Services During +Certain Emergency Periods Act of 2020''. + +SEC. 102. SECRETARIAL AUTHORITY TO TEMPORARILY WAIVE OR MODIFY + APPLICATION OF CERTAIN MEDICARE REQUIREMENTS WITH RESPECT + TO TELEHEALTH SERVICES FURNISHED DURING CERTAIN EMERGENCY + PERIODS. + + (a) In General.-- + (1) Waiver authority.--The first sentence of section + 1135(b) of the Social Security Act (42 U.S.C. 1320b-5(b)) is + amended-- + (A) in paragraph (6), by striking ``and'' at the + end; + (B) in paragraph (7), by striking the period at the + end and inserting ``; and''; and + (C) by inserting after paragraph (7) the following + new paragraph: + ``(8) in the case of a telehealth service (as defined in + paragraph (4)(F) of section 1834(m)) furnished in any emergency + area (or portion of such an area) during any portion of any + emergency period to an individual by a qualified provider (as + defined in subsection (g)(3))-- + ``(A) the requirements of paragraph (4)(C) of such + section, except that a facility fee under paragraph + (2)(B)(i) of such section may only be paid to an + originating site that is a site described in any of + subclauses (I) through (IX) of paragraph (4)(C)(ii) of + such section; and + ``(B) the restriction on use of a telephone + described in the second sentence of section + 410.78(a)(3) of title 42, Code of Federal Regulations + (or a successor regulation), but only if such telephone + has audio and video capabilities that are used for two- + way, real-time interactive communication.''. + (2) Definition of qualified provider.--Section 1135(g) of + the Social Security Act (42 U.S.C. 1320b-5(g)) is amended by + adding at the end the following new paragraph: + ``(3) Qualified provider.--The term `qualified provider' + means, with respect a telehealth service (as defined in + paragraph (4)(F) of section 1834(m)) furnished to an + individual, a physician or practitioner (as defined in + paragraph (4)(D) or (4)(E), respectively, of such section) + who-- + ``(A) furnished to such individual an item or + service for which payment was made under title XVIII + during the 3-year period ending on the date such + telehealth service was furnished; or + ``(B) is in the same practice (as determined by tax + identification number) of a physician or practitioner + (as so defined) who furnished such an item or service + to such individual during such period.''. + (3) Implementation.--The Secretary of Health and Human + Services may implement the amendments made by this subsection + by program instruction or otherwise. + (b) Clarification of Definitions of Emergency Area and Emergency +Period.--Paragraph (1) of section 1135(g) of the Social Security Act +(42 U.S.C. 1320b-5(g)) is amended to read as follows: + ``(1) Emergency area; emergency period.-- + ``(A) In general.--Subject to subparagraph (B), an + `emergency area' is a geographical area in which, and + an `emergency period' is the period during which, there + exists-- + ``(i) an emergency or disaster declared by + the President pursuant to the National + Emergencies Act or the Robert T. Stafford + Disaster Relief and Emergency Assistance Act; + and + ``(ii) a public health emergency declared + by the Secretary pursuant to section 319 of the + Public Health Service Act. + ``(B) Exception.--For purposes of subsection + (b)(8), an `emergency area' is a geographical area in + which, and an `emergency period' is the period during + which, there exists-- + ``(i) the public health emergency declared + by the Secretary pursuant to section 319 of the + Public Health Service Act on January 31, 2020, + entitled `Determination that a Public Health + Emergency Exists Nationwide as the Result of + the 2019 Novel Coronavirus'; and + ``(ii) any renewal of such declaration + pursuant to such section 319.''. + +SEC. 103. BUDGETARY EFFECTS. + + (a) Statutory PAYGO Scorecards.--The budgetary effects of this +division shall not be entered on either PAYGO scorecard maintained +pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of this +division shall not be entered on any PAYGO scorecard maintained for +purposes of section 4106 of H. Con. Res. 71 (115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(8) of the Balanced Budget and Emergency +Deficit Control Act of 1985, the budgetary effects of this division +shall not be estimated-- + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. + + Passed the House of Representatives March 4, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6074 + +_______________________________________________________________________ + + AN ACT + +Making emergency supplemental appropriations for the fiscal year ending + September 30, 2020, and for other purposes. From f467401c395afc3fe386bc927a7205b641ed070a Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 559/984] House-6074: Received in Senate --- bills_text/House-6074.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-6074.txt b/bills_text/House-6074.txt index 38e81bd..329db74 100644 --- a/bills_text/House-6074.txt +++ b/bills_text/House-6074.txt @@ -2,6 +2,16 @@ 2d Session H. R. 6074 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 4, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -639,16 +649,6 @@ shall not be estimated-- Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 6074 - -_______________________________________________________________________ - - AN ACT - -Making emergency supplemental appropriations for the fiscal year ending - September 30, 2020, and for other purposes. + Clerk. From 33996f2f523985aa3c7c398d3ceeb2a64fd79b5d Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 560/984] House-6074: Enrolled --- bills_text/House-6074.txt | 195 +++++++++++++++++--------------------- 1 file changed, 86 insertions(+), 109 deletions(-) diff --git a/bills_text/House-6074.txt b/bills_text/House-6074.txt index 329db74..041f000 100644 --- a/bills_text/House-6074.txt +++ b/bills_text/House-6074.txt @@ -1,36 +1,31 @@ -116th CONGRESS - 2d Session - H. R. 6074 + H.R.6074 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - March 4, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act Making emergency supplemental appropriations for the fiscal year ending - September 30, 2020, and for other purposes. + September 30, 2020, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020''. - SEC. 2. REFERENCES. - Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. @@ -277,9 +272,9 @@ Secretary of the Health and Human Services to appoint, without regard to the provisions of sections 3309 through 3319 of title 5 of the United States Code, candidates needed for positions to perform critical work relating to coronavirus for which-- - (1) public notice has been given; and - (2) the Secretary has determined that such a public health - threat exists. + (1) public notice has been given; and + (2) the Secretary has determined that such a public health + threat exists. Sec. 303. Funds made available by this title may be used to enter into contracts with individuals for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal @@ -540,94 +535,79 @@ Response Supplemental Appropriations Act, 2020''. DIVISION B--TELEHEALTH SERVICES DURING CERTAIN EMERGENCY PERIODS -SEC. 101. SHORT TITLE. - + SEC. 101. SHORT TITLE. This division may be cited as the ``Telehealth Services During Certain Emergency Periods Act of 2020''. - -SEC. 102. SECRETARIAL AUTHORITY TO TEMPORARILY WAIVE OR MODIFY - APPLICATION OF CERTAIN MEDICARE REQUIREMENTS WITH RESPECT - TO TELEHEALTH SERVICES FURNISHED DURING CERTAIN EMERGENCY - PERIODS. - + SEC. 102. SECRETARIAL AUTHORITY TO TEMPORARILY WAIVE OR MODIFY + APPLICATION OF CERTAIN MEDICARE REQUIREMENTS WITH RESPECT TO + TELEHEALTH SERVICES FURNISHED DURING CERTAIN EMERGENCY PERIODS. (a) In General.-- - (1) Waiver authority.--The first sentence of section - 1135(b) of the Social Security Act (42 U.S.C. 1320b-5(b)) is - amended-- - (A) in paragraph (6), by striking ``and'' at the - end; - (B) in paragraph (7), by striking the period at the - end and inserting ``; and''; and - (C) by inserting after paragraph (7) the following - new paragraph: - ``(8) in the case of a telehealth service (as defined in - paragraph (4)(F) of section 1834(m)) furnished in any emergency - area (or portion of such an area) during any portion of any - emergency period to an individual by a qualified provider (as - defined in subsection (g)(3))-- - ``(A) the requirements of paragraph (4)(C) of such - section, except that a facility fee under paragraph - (2)(B)(i) of such section may only be paid to an - originating site that is a site described in any of - subclauses (I) through (IX) of paragraph (4)(C)(ii) of - such section; and - ``(B) the restriction on use of a telephone - described in the second sentence of section - 410.78(a)(3) of title 42, Code of Federal Regulations - (or a successor regulation), but only if such telephone - has audio and video capabilities that are used for two- - way, real-time interactive communication.''. - (2) Definition of qualified provider.--Section 1135(g) of - the Social Security Act (42 U.S.C. 1320b-5(g)) is amended by - adding at the end the following new paragraph: - ``(3) Qualified provider.--The term `qualified provider' - means, with respect a telehealth service (as defined in - paragraph (4)(F) of section 1834(m)) furnished to an - individual, a physician or practitioner (as defined in - paragraph (4)(D) or (4)(E), respectively, of such section) - who-- - ``(A) furnished to such individual an item or - service for which payment was made under title XVIII - during the 3-year period ending on the date such - telehealth service was furnished; or - ``(B) is in the same practice (as determined by tax - identification number) of a physician or practitioner - (as so defined) who furnished such an item or service - to such individual during such period.''. - (3) Implementation.--The Secretary of Health and Human - Services may implement the amendments made by this subsection - by program instruction or otherwise. + (1) Waiver authority.--The first sentence of section 1135(b) of + the Social Security Act (42 U.S.C. 1320b-5(b)) is amended-- + (A) in paragraph (6), by striking ``and'' at the end; + (B) in paragraph (7), by striking the period at the end and + inserting ``; and''; and + (C) by inserting after paragraph (7) the following new + paragraph: + ``(8) in the case of a telehealth service (as defined in + paragraph (4)(F) of section 1834(m)) furnished in any emergency + area (or portion of such an area) during any portion of any + emergency period to an individual by a qualified provider (as + defined in subsection (g)(3))-- + ``(A) the requirements of paragraph (4)(C) of such section, + except that a facility fee under paragraph (2)(B)(i) of such + section may only be paid to an originating site that is a site + described in any of subclauses (I) through (IX) of paragraph + (4)(C)(ii) of such section; and + ``(B) the restriction on use of a telephone described in + the second sentence of section 410.78(a)(3) of title 42, Code + of Federal Regulations (or a successor regulation), but only if + such telephone has audio and video capabilities that are used + for two-way, real-time interactive communication.''. + (2) Definition of qualified provider.--Section 1135(g) of the + Social Security Act (42 U.S.C. 1320b-5(g)) is amended by adding at + the end the following new paragraph: + ``(3) Qualified provider.--The term `qualified provider' means, + with respect a telehealth service (as defined in paragraph (4)(F) + of section 1834(m)) furnished to an individual, a physician or + practitioner (as defined in paragraph (4)(D) or (4)(E), + respectively, of such section) who-- + ``(A) furnished to such individual an item or service for + which payment was made under title XVIII during the 3-year + period ending on the date such telehealth service was + furnished; or + ``(B) is in the same practice (as determined by tax + identification number) of a physician or practitioner (as so + defined) who furnished such an item or service to such + individual during such period.''. + (3) Implementation.--The Secretary of Health and Human Services + may implement the amendments made by this subsection by program + instruction or otherwise. (b) Clarification of Definitions of Emergency Area and Emergency Period.--Paragraph (1) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) is amended to read as follows: - ``(1) Emergency area; emergency period.-- - ``(A) In general.--Subject to subparagraph (B), an - `emergency area' is a geographical area in which, and - an `emergency period' is the period during which, there - exists-- - ``(i) an emergency or disaster declared by - the President pursuant to the National - Emergencies Act or the Robert T. Stafford - Disaster Relief and Emergency Assistance Act; - and - ``(ii) a public health emergency declared - by the Secretary pursuant to section 319 of the - Public Health Service Act. - ``(B) Exception.--For purposes of subsection - (b)(8), an `emergency area' is a geographical area in - which, and an `emergency period' is the period during - which, there exists-- - ``(i) the public health emergency declared - by the Secretary pursuant to section 319 of the - Public Health Service Act on January 31, 2020, - entitled `Determination that a Public Health - Emergency Exists Nationwide as the Result of - the 2019 Novel Coronavirus'; and - ``(ii) any renewal of such declaration - pursuant to such section 319.''. - -SEC. 103. BUDGETARY EFFECTS. - + ``(1) Emergency area; emergency period.-- + ``(A) In general.--Subject to subparagraph (B), an + `emergency area' is a geographical area in which, and an + `emergency period' is the period during which, there exists-- + ``(i) an emergency or disaster declared by the + President pursuant to the National Emergencies Act or the + Robert T. Stafford Disaster Relief and Emergency Assistance + Act; and + ``(ii) a public health emergency declared by the + Secretary pursuant to section 319 of the Public Health + Service Act. + ``(B) Exception.--For purposes of subsection (b)(8), an + `emergency area' is a geographical area in which, and an + `emergency period' is the period during which, there exists-- + ``(i) the public health emergency declared by the + Secretary pursuant to section 319 of the Public Health + Service Act on January 31, 2020, entitled `Determination + that a Public Health Emergency Exists Nationwide as the + Result of the 2019 Novel Coronavirus'; and + ``(ii) any renewal of such declaration pursuant to such + section 319.''. + SEC. 103. BUDGETARY EFFECTS. (a) Statutory PAYGO Scorecards.--The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. @@ -640,15 +620,12 @@ statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated-- - (1) for purposes of section 251 of such Act; and - (2) for purposes of paragraph (4)(C) of section 3 of the - Statutory Pay-As-You-Go Act of 2010 as being included in an - appropriation Act. - - Passed the House of Representatives March 4, 2020. - - Attest: + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From fb2e8ae0e987f373fd14b98d55d9bdc57f0f0428 Mon Sep 17 00:00:00 2001 From: "Rep. Jackson Lee, Sheila [D-TX-18]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 561/984] House-6100: Introduced to House --- bills_text/House-6100.txt | 175 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 175 insertions(+) create mode 100644 bills_text/House-6100.txt diff --git a/bills_text/House-6100.txt b/bills_text/House-6100.txt new file mode 100644 index 0000000..641ec71 --- /dev/null +++ b/bills_text/House-6100.txt @@ -0,0 +1,175 @@ +116th CONGRESS + 2d Session + H. R. 6100 + + To amend title 18, United States Code, to clarify the criminalization + of female genital mutilation, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 5, 2020 + + Ms. Jackson Lee (for herself and Mr. Bacon) introduced the following + bill; which was referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To amend title 18, United States Code, to clarify the criminalization + of female genital mutilation, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Strengthening the Opposition to +Female Genital Mutilation Act of 2020'' or the ``STOP FGM Act of +2020''. + +SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. + + The Congress finds the following: + (1) Female genital mutilation is recognized internationally + as a human rights violation and a form of child abuse, gender + discrimination, and violence against women and girls. Female + genital mutilation is a global problem whose eradication + requires international cooperation and enforcement at the + national level. The United States should demonstrate its + commitment to the rights of women and girls by leading the way + in the international community in banning this abhorrent + practice. + (2) Congress has previously prohibited the commission of + female genital mutilation on minors. Female genital mutilation + is a heinous practice that often inflicts excruciating pain on + its victims and causes them to suffer grave physical and + psychological harm. + (3) Congress has the power under article I, section 8 of + the Constitution to make all laws which shall be necessary and + proper for carrying into execution treaties entered into by the + United States. + (4) Congress also has the power under the Commerce Clause + to prohibit female genital mutilation. An international market + for the practice exists, and persons who perform female genital + mutilation in other countries typically earn a living from + doing so. + (5) Those who perform this conduct often rely on a + connection to interstate or foreign commerce, such as + interstate or foreign travel, the transmission or receipt of + communications in interstate or foreign commerce, the use of + instruments traded in interstate or foreign commerce, or + payments of any kind in furtherance of this conduct. + (6) Amending the statute to specify a link to interstate or + foreign commerce would confirm that Congress has the + affirmative power to prohibit this conduct. + +SEC. 3. AMENDMENTS TO CURRENT LAW ON FEMALE GENITAL MUTILATION. + + Section 116 of title 18, United States Code, is amended-- + (1) by amending subsection (a) to read as follows: + ``(a) Except as provided in subsection (b), whoever, in any +circumstance described in subsection (d), knowingly-- + ``(1) performs, attempts to perform, or conspires to + perform female genital mutilation on another person who has not + attained the age of 18 years; + ``(2) being the parent, guardian, or caretaker of a person + who has not attained the age of 18 years facilitates or + consents to the female genital mutilation of such person; or + ``(3) transports a person who has not attained the age of + 18 years for the purpose of the performance of female genital + mutilation on such person, +shall be fined under this title, imprisoned not more than 10 years, or +both.''; + (2) by amending subsection (c) to read as follows: + ``(c) It shall not be a defense to a prosecution under this section +that female genital mutilation is required as a matter of religion, +custom, tradition, ritual, or standard practice.''; + (3) by striking subsection (d); and + (4) by adding at the end the following: + ``(d) For the purposes of subsection (a), the circumstances +described in this subsection are that-- + ``(1) the defendant or victim traveled in interstate or + foreign commerce, or traveled using a means, channel, facility, + or instrumentality of interstate or foreign commerce, in + furtherance of or in connection with the conduct described in + subsection (a); + ``(2) the defendant used a means, channel, facility, or + instrumentality of interstate or foreign commerce in + furtherance of or in connection with the conduct described in + subsection (a); + ``(3) any payment of any kind was made, directly or + indirectly, in furtherance of or in connection with the conduct + described in subsection (a) using any means, channel, facility, + or instrumentality of interstate or foreign commerce or in or + affecting interstate or foreign commerce; + ``(4) the defendant transmitted in interstate or foreign + commerce any communication relating to or in furtherance of the + conduct described in subsection (a) using any means, channel, + facility, or instrumentality of interstate or foreign commerce + or in or affecting interstate or foreign commerce by any means + or in manner, including by computer, mail, wire, or + electromagnetic transmission; + ``(5) any instrument, item, substance, or other object that + has traveled in interstate or foreign commerce was used to + perform the conduct described in subsection (a); + ``(6) the conduct described in subsection (a) occurred + within the special maritime and territorial jurisdiction of the + United States, or any territory or possession of the United + States; or + ``(7) the conduct described in subsection (a) otherwise + occurred in or affected interstate or foreign commerce. + ``(e) For purposes of this section, the term `female genital +mutilation' means any procedure performed for non-medical reasons that +involves partial or total removal of, or other injury to, the external +female genitalia, and includes-- + ``(1) a clitoridectomy or the partial or total removal of + the clitoris or the prepuce or clitoral hood; + ``(2) excision or the partial or total removal (with or + without excision of the clitoris) of the labia minora or the + labia majora, or both; + ``(3) infibulation or the narrowing of the vaginal opening + (with or without excision of the clitoris); or + ``(4) other procedures that are harmful to the external + female genitalia, including pricking, incising, scraping, or + cauterizing the genital area.''. + +SEC. 4. REPORT. + + Not later than one year after the date of the enactment of this +Act, and annually thereafter, the Attorney General, in consultation +with the Secretary of Homeland Security, the Secretary of State, the +Secretary of Health and Human Services, and the Secretary of Education, +shall submit to Congress a report that includes-- + (1) an estimate of the number of women and girls in the + United States at risk of or who have been subjected to female + genital mutilation; + (2) the protections available and actions taken, if any, by + Federal, State, and local agencies to protect such women and + girls; and + (3) the actions taken by Federal agencies to educate and + assist communities and key stakeholders about female genital + mutilation. + +SEC. 5. SENSE OF THE CONGRESS. + + It is the sense of the Congress that the United States District +Court for the Eastern District of Michigan erred in invalidating the +prior version of such section 116 (See United States v. Nagarwala, 350 +F. Supp. 3d 613, 631 (E.D. Mich. 2018)). The commercial nature of +female genital mutilation (hereinafter in this section referred to as +``FGM'') is ``self-evident,'' meaning that the ``absence of +particularized findings'' about the commercial nature of FGM in the +predecessor statute did not ``call into question Congress's authority +to legislate'' (Gonzales v. Raich, 545 U.S. 1, 21 (2005)). +Nevertheless, the Congress has elected to amend the FGM statute to +clarify the commercial nature of the conduct that this statute +regulates. But, by doing so, Congress does not hereby ratify the +district court's erroneous interpretation in Nagarwala. + \ No newline at end of file From 5f4b0b650ee48df5817c9abe98e0944644d2601a Mon Sep 17 00:00:00 2001 From: "Rep. Jackson Lee, Sheila [D-TX-18]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 562/984] House-6100: Engrossed in House --- bills_text/House-6100.txt | 44 +++++++++++++++++++++++++-------------- 1 file changed, 28 insertions(+), 16 deletions(-) diff --git a/bills_text/House-6100.txt b/bills_text/House-6100.txt index 641ec71..e8c3a70 100644 --- a/bills_text/House-6100.txt +++ b/bills_text/House-6100.txt @@ -2,23 +2,9 @@ 2d Session H. R. 6100 - To amend title 18, United States Code, to clarify the criminalization - of female genital mutilation, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 5, 2020 - - Ms. Jackson Lee (for herself and Mr. Bacon) introduced the following - bill; which was referred to the Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -172,4 +158,30 @@ Nevertheless, the Congress has elected to amend the FGM statute to clarify the commercial nature of the conduct that this statute regulates. But, by doing so, Congress does not hereby ratify the district court's erroneous interpretation in Nagarwala. - \ No newline at end of file + +SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 21, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6100 + +_______________________________________________________________________ + + AN ACT + + To amend title 18, United States Code, to clarify the criminalization + of female genital mutilation, and for other purposes. From 53387f4ff0a0bc40d0e045f3b659772cf7686935 Mon Sep 17 00:00:00 2001 From: "Rep. Jackson Lee, Sheila [D-TX-18]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 563/984] House-6100: Enrolled --- bills_text/House-6100.txt | 236 +++++++++++++++++--------------------- 1 file changed, 107 insertions(+), 129 deletions(-) diff --git a/bills_text/House-6100.txt b/bills_text/House-6100.txt index e8c3a70..e7447e0 100644 --- a/bills_text/House-6100.txt +++ b/bills_text/House-6100.txt @@ -1,150 +1,143 @@ -116th CONGRESS - 2d Session - H. R. 6100 + H.R.6100 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend title 18, United States Code, to clarify the criminalization - of female genital mutilation, and for other purposes. +To amend title 18, United States Code, to clarify the criminalization of + female genital mutilation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Strengthening the Opposition to Female Genital Mutilation Act of 2020'' or the ``STOP FGM Act of 2020''. - SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. - The Congress finds the following: - (1) Female genital mutilation is recognized internationally - as a human rights violation and a form of child abuse, gender - discrimination, and violence against women and girls. Female - genital mutilation is a global problem whose eradication - requires international cooperation and enforcement at the - national level. The United States should demonstrate its - commitment to the rights of women and girls by leading the way - in the international community in banning this abhorrent - practice. - (2) Congress has previously prohibited the commission of - female genital mutilation on minors. Female genital mutilation - is a heinous practice that often inflicts excruciating pain on - its victims and causes them to suffer grave physical and - psychological harm. - (3) Congress has the power under article I, section 8 of - the Constitution to make all laws which shall be necessary and - proper for carrying into execution treaties entered into by the - United States. - (4) Congress also has the power under the Commerce Clause - to prohibit female genital mutilation. An international market - for the practice exists, and persons who perform female genital - mutilation in other countries typically earn a living from - doing so. - (5) Those who perform this conduct often rely on a - connection to interstate or foreign commerce, such as - interstate or foreign travel, the transmission or receipt of - communications in interstate or foreign commerce, the use of - instruments traded in interstate or foreign commerce, or - payments of any kind in furtherance of this conduct. - (6) Amending the statute to specify a link to interstate or - foreign commerce would confirm that Congress has the - affirmative power to prohibit this conduct. - + (1) Female genital mutilation is recognized internationally as + a human rights violation and a form of child abuse, gender + discrimination, and violence against women and girls. Female + genital mutilation is a global problem whose eradication requires + international cooperation and enforcement at the national level. + The United States should demonstrate its commitment to the rights + of women and girls by leading the way in the international + community in banning this abhorrent practice. + (2) Congress has previously prohibited the commission of female + genital mutilation on minors. Female genital mutilation is a + heinous practice that often inflicts excruciating pain on its + victims and causes them to suffer grave physical and psychological + harm. + (3) Congress has the power under article I, section 8 of the + Constitution to make all laws which shall be necessary and proper + for carrying into execution treaties entered into by the United + States. + (4) Congress also has the power under the Commerce Clause to + prohibit female genital mutilation. An international market for the + practice exists, and persons who perform female genital mutilation + in other countries typically earn a living from doing so. + (5) Those who perform this conduct often rely on a connection + to interstate or foreign commerce, such as interstate or foreign + travel, the transmission or receipt of communications in interstate + or foreign commerce, the use of instruments traded in interstate or + foreign commerce, or payments of any kind in furtherance of this + conduct. + (6) Amending the statute to specify a link to interstate or + foreign commerce would confirm that Congress has the affirmative + power to prohibit this conduct. SEC. 3. AMENDMENTS TO CURRENT LAW ON FEMALE GENITAL MUTILATION. - Section 116 of title 18, United States Code, is amended-- - (1) by amending subsection (a) to read as follows: + (1) by amending subsection (a) to read as follows: ``(a) Except as provided in subsection (b), whoever, in any circumstance described in subsection (d), knowingly-- - ``(1) performs, attempts to perform, or conspires to - perform female genital mutilation on another person who has not - attained the age of 18 years; - ``(2) being the parent, guardian, or caretaker of a person - who has not attained the age of 18 years facilitates or - consents to the female genital mutilation of such person; or - ``(3) transports a person who has not attained the age of - 18 years for the purpose of the performance of female genital - mutilation on such person, + ``(1) performs, attempts to perform, or conspires to perform + female genital mutilation on another person who has not attained + the age of 18 years; + ``(2) being the parent, guardian, or caretaker of a person who + has not attained the age of 18 years facilitates or consents to the + female genital mutilation of such person; or + ``(3) transports a person who has not attained the age of 18 + years for the purpose of the performance of female genital + mutilation on such person, shall be fined under this title, imprisoned not more than 10 years, or both.''; - (2) by amending subsection (c) to read as follows: + (2) by amending subsection (c) to read as follows: ``(c) It shall not be a defense to a prosecution under this section that female genital mutilation is required as a matter of religion, custom, tradition, ritual, or standard practice.''; - (3) by striking subsection (d); and - (4) by adding at the end the following: + (3) by striking subsection (d); and + (4) by adding at the end the following: ``(d) For the purposes of subsection (a), the circumstances described in this subsection are that-- - ``(1) the defendant or victim traveled in interstate or - foreign commerce, or traveled using a means, channel, facility, - or instrumentality of interstate or foreign commerce, in - furtherance of or in connection with the conduct described in - subsection (a); - ``(2) the defendant used a means, channel, facility, or - instrumentality of interstate or foreign commerce in - furtherance of or in connection with the conduct described in - subsection (a); - ``(3) any payment of any kind was made, directly or - indirectly, in furtherance of or in connection with the conduct - described in subsection (a) using any means, channel, facility, - or instrumentality of interstate or foreign commerce or in or - affecting interstate or foreign commerce; - ``(4) the defendant transmitted in interstate or foreign - commerce any communication relating to or in furtherance of the - conduct described in subsection (a) using any means, channel, - facility, or instrumentality of interstate or foreign commerce - or in or affecting interstate or foreign commerce by any means - or in manner, including by computer, mail, wire, or - electromagnetic transmission; - ``(5) any instrument, item, substance, or other object that - has traveled in interstate or foreign commerce was used to - perform the conduct described in subsection (a); - ``(6) the conduct described in subsection (a) occurred - within the special maritime and territorial jurisdiction of the - United States, or any territory or possession of the United - States; or - ``(7) the conduct described in subsection (a) otherwise - occurred in or affected interstate or foreign commerce. + ``(1) the defendant or victim traveled in interstate or foreign + commerce, or traveled using a means, channel, facility, or + instrumentality of interstate or foreign commerce, in furtherance + of or in connection with the conduct described in subsection (a); + ``(2) the defendant used a means, channel, facility, or + instrumentality of interstate or foreign commerce in furtherance of + or in connection with the conduct described in subsection (a); + ``(3) any payment of any kind was made, directly or indirectly, + in furtherance of or in connection with the conduct described in + subsection (a) using any means, channel, facility, or + instrumentality of interstate or foreign commerce or in or + affecting interstate or foreign commerce; + ``(4) the defendant transmitted in interstate or foreign + commerce any communication relating to or in furtherance of the + conduct described in subsection (a) using any means, channel, + facility, or instrumentality of interstate or foreign commerce or + in or affecting interstate or foreign commerce by any means or in + manner, including by computer, mail, wire, or electromagnetic + transmission; + ``(5) any instrument, item, substance, or other object that has + traveled in interstate or foreign commerce was used to perform the + conduct described in subsection (a); + ``(6) the conduct described in subsection (a) occurred within + the special maritime and territorial jurisdiction of the United + States, or any territory or possession of the United States; or + ``(7) the conduct described in subsection (a) otherwise + occurred in or affected interstate or foreign commerce. ``(e) For purposes of this section, the term `female genital mutilation' means any procedure performed for non-medical reasons that involves partial or total removal of, or other injury to, the external female genitalia, and includes-- - ``(1) a clitoridectomy or the partial or total removal of - the clitoris or the prepuce or clitoral hood; - ``(2) excision or the partial or total removal (with or - without excision of the clitoris) of the labia minora or the - labia majora, or both; - ``(3) infibulation or the narrowing of the vaginal opening - (with or without excision of the clitoris); or - ``(4) other procedures that are harmful to the external - female genitalia, including pricking, incising, scraping, or - cauterizing the genital area.''. - + ``(1) a clitoridectomy or the partial or total removal of the + clitoris or the prepuce or clitoral hood; + ``(2) excision or the partial or total removal (with or without + excision of the clitoris) of the labia minora or the labia majora, + or both; + ``(3) infibulation or the narrowing of the vaginal opening + (with or without excision of the clitoris); or + ``(4) other procedures that are harmful to the external female + genitalia, including pricking, incising, scraping, or cauterizing + the genital area.''. SEC. 4. REPORT. - Not later than one year after the date of the enactment of this Act, and annually thereafter, the Attorney General, in consultation with the Secretary of Homeland Security, the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Education, shall submit to Congress a report that includes-- - (1) an estimate of the number of women and girls in the - United States at risk of or who have been subjected to female - genital mutilation; - (2) the protections available and actions taken, if any, by - Federal, State, and local agencies to protect such women and - girls; and - (3) the actions taken by Federal agencies to educate and - assist communities and key stakeholders about female genital - mutilation. - + (1) an estimate of the number of women and girls in the United + States at risk of or who have been subjected to female genital + mutilation; + (2) the protections available and actions taken, if any, by + Federal, State, and local agencies to protect such women and girls; + and + (3) the actions taken by Federal agencies to educate and assist + communities and key stakeholders about female genital mutilation. SEC. 5. SENSE OF THE CONGRESS. - It is the sense of the Congress that the United States District Court for the Eastern District of Michigan erred in invalidating the prior version of such section 116 (See United States v. Nagarwala, 350 @@ -158,9 +151,7 @@ Nevertheless, the Congress has elected to amend the FGM statute to clarify the commercial nature of the conduct that this statute regulates. But, by doing so, Congress does not hereby ratify the district court's erroneous interpretation in Nagarwala. - SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -168,20 +159,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 21, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 6100 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend title 18, United States Code, to clarify the criminalization - of female genital mutilation, and for other purposes. + Vice President of the United States and + President of the Senate. From e5ff20b45b7140a2607e62ef10c69175a661abab Mon Sep 17 00:00:00 2001 From: "Rep. Walker, Mark [R-NC-6]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 564/984] House-6161: Introduced to House --- bills_text/House-6161.txt | 46 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 46 insertions(+) create mode 100644 bills_text/House-6161.txt diff --git a/bills_text/House-6161.txt b/bills_text/House-6161.txt new file mode 100644 index 0000000..1cd17c6 --- /dev/null +++ b/bills_text/House-6161.txt @@ -0,0 +1,46 @@ +116th CONGRESS + 2d Session + H. R. 6161 + + To designate the facility of the United States Postal Service located + at 1585 Yanceyville Street, Greensboro, North Carolina, as the ``J. + Howard Coble Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 9, 2020 + + Mr. Walker (for himself, Ms. Foxx of North Carolina, Mr. Budd, Mr. + Meadows, Mr. McHenry, Mr. Holding, Mr. Murphy of North Carolina, Mr. + Butterfield, Mr. Price of North Carolina, Ms. Adams, Mr. Bishop of + North Carolina, and Mr. Rouzer) introduced the following bill; which + was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 1585 Yanceyville Street, Greensboro, North Carolina, as the ``J. + Howard Coble Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. J. HOWARD COBLE POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 1585 Yanceyville Street, Greensboro, North Carolina, shall +be known and designated as the ``J. Howard Coble Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``J. Howard +Coble Post Office Building''. + \ No newline at end of file From af3b108d4e68195683d993aa5f9ae4c01faf3471 Mon Sep 17 00:00:00 2001 From: "Rep. Walker, Mark [R-NC-6]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 565/984] House-6161: Engrossed in House --- bills_text/House-6161.txt | 40 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 20 deletions(-) diff --git a/bills_text/House-6161.txt b/bills_text/House-6161.txt index 1cd17c6..7e87e16 100644 --- a/bills_text/House-6161.txt +++ b/bills_text/House-6161.txt @@ -2,27 +2,9 @@ 2d Session H. R. 6161 - To designate the facility of the United States Postal Service located - at 1585 Yanceyville Street, Greensboro, North Carolina, as the ``J. - Howard Coble Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 9, 2020 - - Mr. Walker (for himself, Ms. Foxx of North Carolina, Mr. Budd, Mr. - Meadows, Mr. McHenry, Mr. Holding, Mr. Murphy of North Carolina, Mr. - Butterfield, Mr. Price of North Carolina, Ms. Adams, Mr. Bishop of - North Carolina, and Mr. Rouzer) introduced the following bill; which - was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -43,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``J. Howard Coble Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6161 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 1585 Yanceyville Street, Greensboro, North Carolina, as the ``J. + Howard Coble Post Office Building''. From 6e2e5c6a85e4753d5888bd0f6b43de314da33369 Mon Sep 17 00:00:00 2001 From: "Rep. Walker, Mark [R-NC-6]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 566/984] House-6161: Enrolled --- bills_text/House-6161.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-6161.txt b/bills_text/House-6161.txt index 7e87e16..e084a18 100644 --- a/bills_text/House-6161.txt +++ b/bills_text/House-6161.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 6161 + H.R.6161 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 1585 Yanceyville Street, Greensboro, North Carolina, as the ``J. - Howard Coble Post Office Building''. +To designate the facility of the United States Postal Service located at +1585 Yanceyville Street, Greensboro, North Carolina, as the ``J. Howard + Coble Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. J. HOWARD COBLE POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 1585 Yanceyville Street, Greensboro, North Carolina, shall be known and designated as the ``J. Howard Coble Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``J. Howard Coble Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 6161 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 1585 Yanceyville Street, Greensboro, North Carolina, as the ``J. - Howard Coble Post Office Building''. + Vice President of the United States and + President of the Senate. From be025784911a2054147f465150f851898777482b Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 567/984] House-6168: Introduced to House --- bills_text/House-6168.txt | 82 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 82 insertions(+) create mode 100644 bills_text/House-6168.txt diff --git a/bills_text/House-6168.txt b/bills_text/House-6168.txt new file mode 100644 index 0000000..4ff0748 --- /dev/null +++ b/bills_text/House-6168.txt @@ -0,0 +1,82 @@ +116th CONGRESS + 2d Session + H. R. 6168 + + To increase, effective as of December 1, 2020, the rates of + compensation for veterans with service-connected disabilities and the + rates of dependency and indemnity compensation for the survivors of + certain disabled veterans, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 10, 2020 + + Mrs. Luria (for herself and Mr. Bost) introduced the following bill; + which was referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To increase, effective as of December 1, 2020, the rates of + compensation for veterans with service-connected disabilities and the + rates of dependency and indemnity compensation for the survivors of + certain disabled veterans, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Veterans' Compensation Cost-of- +Living Adjustment Act of 2020''. + +SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND + INDEMNITY COMPENSATION. + + (a) Rate Adjustment.--Effective on December 1, 2020, the Secretary +of Veterans Affairs shall increase, in accordance with subsection (c), +the dollar amounts in effect on November 30, 2020, for the payment of +disability compensation and dependency and indemnity compensation under +the provisions specified in subsection (b). + (b) Amounts To Be Increased.--The dollar amounts to be increased +pursuant to subsection (a) are the following: + (1) Wartime disability compensation.--Each of the dollar + amounts under section 1114 of title 38, United States Code. + (2) Additional compensation for dependents.--Each of the + dollar amounts under section 1115(1) of such title. + (3) Clothing allowance.--The dollar amount under section + 1162 of such title. + (4) Dependency and indemnity compensation to surviving + spouse.--Each of the dollar amounts under subsections (a) + through (d) of section 1311 of such title. + (5) Dependency and indemnity compensation to children.-- + Each of the dollar amounts under sections 1313(a) and 1314 of + such title. + (c) Determination of Increase.--Each dollar amount described in +subsection (b) shall be increased by the same percentage as the +percentage by which benefit amounts payable under title II of the +Social Security Act (42 U.S.C. 401 et seq.) are increased effective +December 1, 2020, as a result of a determination under section 215(i) +of such Act (42 U.S.C. 415(i)). + (d) Special Rule.--The Secretary of Veterans Affairs may adjust +administratively, consistent with the increases made under subsection +(a), the rates of disability compensation payable to persons under +section 10 of Public Law 85-857 (72 Stat. 1263) who have not received +compensation under chapter 11 of title 38, United States Code. + +SEC. 3. PUBLICATION OF ADJUSTED RATES. + + The Secretary of Veterans Affairs shall publish in the Federal +Register the amounts specified in section 2(b), as increased under that +section, not later than the date on which the matters specified in +section 215(i)(2)(D) of the Social Security Act (42 U.S.C. +415(i)(2)(D)) are required to be published by reason of a determination +made under section 215(i) of such Act during fiscal year 2021. + \ No newline at end of file From c5518db1ce95ec09a7569a3b9b27e7f315c2607b Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 568/984] House-6168: Engrossed in House --- bills_text/House-6168.txt | 39 +++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/House-6168.txt b/bills_text/House-6168.txt index 4ff0748..410f6f3 100644 --- a/bills_text/House-6168.txt +++ b/bills_text/House-6168.txt @@ -2,25 +2,9 @@ 2d Session H. R. 6168 - To increase, effective as of December 1, 2020, the rates of - compensation for veterans with service-connected disabilities and the - rates of dependency and indemnity compensation for the survivors of - certain disabled veterans, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 10, 2020 - - Mrs. Luria (for herself and Mr. Bost) introduced the following bill; - which was referred to the Committee on Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -79,4 +63,23 @@ section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2021. - \ No newline at end of file + + Passed the House of Representatives May 28, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6168 + +_______________________________________________________________________ + + AN ACT + + To increase, effective as of December 1, 2020, the rates of + compensation for veterans with service-connected disabilities and the + rates of dependency and indemnity compensation for the survivors of + certain disabled veterans, and for other purposes. From ccad4a7ebb688e77a32e997eafbf06c2f49bce4d Mon Sep 17 00:00:00 2001 From: "Rep. Luria, Elaine G. [D-VA-2]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 569/984] House-6168: Enrolled --- bills_text/House-6168.txt | 79 ++++++++++++++++----------------------- 1 file changed, 33 insertions(+), 46 deletions(-) diff --git a/bills_text/House-6168.txt b/bills_text/House-6168.txt index 410f6f3..7936a33 100644 --- a/bills_text/House-6168.txt +++ b/bills_text/House-6168.txt @@ -1,29 +1,34 @@ -116th CONGRESS - 2d Session - H. R. 6168 + H.R.6168 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To increase, effective as of December 1, 2020, the rates of - compensation for veterans with service-connected disabilities and the - rates of dependency and indemnity compensation for the survivors of - certain disabled veterans, and for other purposes. +To increase, effective as of December 1, 2020, the rates of compensation + for veterans with service-connected disabilities and the rates of + dependency and indemnity compensation for the survivors of certain + disabled veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Veterans' Compensation Cost-of- Living Adjustment Act of 2020''. - SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND - INDEMNITY COMPENSATION. - +INDEMNITY COMPENSATION. (a) Rate Adjustment.--Effective on December 1, 2020, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2020, for the payment of @@ -31,18 +36,17 @@ disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: - (1) Wartime disability compensation.--Each of the dollar - amounts under section 1114 of title 38, United States Code. - (2) Additional compensation for dependents.--Each of the - dollar amounts under section 1115(1) of such title. - (3) Clothing allowance.--The dollar amount under section - 1162 of such title. - (4) Dependency and indemnity compensation to surviving - spouse.--Each of the dollar amounts under subsections (a) - through (d) of section 1311 of such title. - (5) Dependency and indemnity compensation to children.-- - Each of the dollar amounts under sections 1313(a) and 1314 of - such title. + (1) Wartime disability compensation.--Each of the dollar + amounts under section 1114 of title 38, United States Code. + (2) Additional compensation for dependents.--Each of the dollar + amounts under section 1115(1) of such title. + (3) Clothing allowance.--The dollar amount under section 1162 + of such title. + (4) Dependency and indemnity compensation to surviving + spouse.--Each of the dollar amounts under subsections (a) through + (d) of section 1311 of such title. + (5) Dependency and indemnity compensation to children.--Each of + the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the @@ -54,9 +58,7 @@ administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. - SEC. 3. PUBLICATION OF ADJUSTED RATES. - The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in @@ -64,22 +66,7 @@ section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2021. - Passed the House of Representatives May 28, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 6168 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To increase, effective as of December 1, 2020, the rates of - compensation for veterans with service-connected disabilities and the - rates of dependency and indemnity compensation for the survivors of - certain disabled veterans, and for other purposes. + Vice President of the United States and + President of the Senate. From 995df7bdef48f9d4c1eed89476442a3bb7bcef56 Mon Sep 17 00:00:00 2001 From: "Rep. Barr, Andy [R-KY-6]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 570/984] House-6192: Introduced to House --- bills_text/House-6192.txt | 146 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 146 insertions(+) create mode 100644 bills_text/House-6192.txt diff --git a/bills_text/House-6192.txt b/bills_text/House-6192.txt new file mode 100644 index 0000000..255b837 --- /dev/null +++ b/bills_text/House-6192.txt @@ -0,0 +1,146 @@ +116th CONGRESS + 2d Session + H. R. 6192 + +To require the Secretary of the Treasury to honor the 100th anniversary + of completion of coinage of the ``Morgan Dollar'' and the 100th +anniversary of commencement of coinage of the ``Peace Dollar'', and for + other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 11, 2020 + + Mr. Barr (for himself, Mr. Cleaver, Mr. Gottheimer, Mr. Pascrell, Mr. +Amodei, Mr. Stivers, Mr. Schneider, Mr. Walden, Mr. Panetta, Mr. Upton, +Mr. Thompson of California, Mr. Diaz-Balart, Mr. Katko, Mr. Lucas, Mr. + Hill of Arkansas, and Mr. Huizenga) introduced the following bill; + which was referred to the Committee on Financial Services + +_______________________________________________________________________ + + A BILL + + + +To require the Secretary of the Treasury to honor the 100th anniversary + of completion of coinage of the ``Morgan Dollar'' and the 100th +anniversary of commencement of coinage of the ``Peace Dollar'', and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``1921 Silver Dollar Coin Anniversary +Act''. + +SEC. 2. FINDINGS. + + The Congress finds that following: + (1) In December 1921, the Peace silver dollar was approved + by Treasury Secretary Andrew Mellon, replacing the Morgan + silver dollar and commemorating the declaration of peace + between the United States and the Imperial German government. + (2) The Peace silver dollar was minted in Philadelphia, + Denver and San Francisco. The Morgan silver dollar was minted + at Philadelphia, Denver, San Francisco, Carson City, and New + Orleans. + (3) The Peace silver dollar was designed by Anthony de + Francisci with the Goddess of Liberty on the obverse and a bald + eagle clutching the olive branch (a symbol of peace) on the + reverse. The Peace silver dollars were minted between 1921 to + 1935. + (4) The Morgan silver dollar was designed by George T. + Morgan and was minted from 1878 to 1904, and again in 1921. The + obverse depicts a profile portrait of Lady Liberty and on the + reverse, a heraldic eagle. + (5) The conversion from the Morgan silver dollar to the + Peace silver dollar design in 1921 reflected a pivotal moment + in American history. The Morgan silver dollar represents the + country's westward expansion and industrial development in the + late 19th century. The Peace silver dollar symbolizes the + country's coming of age as an international power while + recognizing the sacrifices made by her citizens in World War I + and celebrating the victory and peace that ensued. + (6) These iconic silver dollars with vastly different + representations of Lady Liberty and the American Eagle, reflect + a changing of the guard in 1921 in the United States and + therefore on the 100th anniversary must begin to be minted + again to commemorate this significant evolution of American + freedom. + +SEC. 3. COIN SPECIFICATIONS. + + (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in +this Act referred to as the ``Secretary'') shall mint and issue $1 +coins in recognition of the 100th anniversary of completion of coinage +of the Morgan dollar and the 100th anniversary of commencement of +coinage of the Peace dollar, each of which shall-- + (1) weigh 26.73 grams; + (2) have a diameter of 1.500 inches; + (3) contain not less than 90 percent silver; and + (4) have a reeded edge. + (b) Legal Tender.--The coins minted under this Act shall be legal +tender, as provided in section 5103 of title 31, United States Code. + (c) Numismatic Items.--For purposes of sections 5134 and 5136 of +title 31, United States Code, all coins minted under this Act shall be +considered to be numismatic items. + +SEC. 4. DESIGN OF COINS. + + (a) Design Requirements.-- + (1) In general.--The designs of the coins minted under this + Act shall honor either the Morgan dollar or the Peace dollar, + as follows-- + (A) Morgan dollar.--The coins honoring the 100th + anniversary of completion of coinage of the Morgan + dollar shall have an obverse design and a reverse + design that are renditions of the designs historically + used on the obverse and reverse of the Morgan dollar. + (B) Peace dollar.--The coins honoring the 100th + anniversary of commencement of coinage of the Peace + dollar shall have an obverse design and a reverse + design that are renditions of the designs historically + used on the obverse and reverse of the Peace dollar. + (2) Designation and inscriptions.--On each coin minted + under this Act, there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year of minting or + issuance; and + (C) inscriptions of the words ``Liberty'', ``In God + We Trust'', ``United States of America'', and ``E + Pluribus Unum''. + (b) Selection.--The design for the coins minted under this Act +shall be-- + (1) selected by the Secretary after consultation with the + Commission of Fine Arts; and + (2) reviewed by the Citizens Coinage Advisory Committee. + +SEC. 5. ISSUANCE OF COINS. + + The Secretary may issue coins minted under this Act beginning on +January 1, 2021. + +SEC. 6. SALE OF COINS. + + (a) Sale Price.--The coins issued under this Act shall be sold by +the Secretary at a price equal to the sum of-- + (1) the face value of the coins; and + (2) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). + (b) Bulk Sales.--The Secretary may make bulk sales of the coins +issued under this Act at a reasonable discount. + +SEC. 7. FINANCIAL ASSURANCES. + + The Secretary of the Treasury shall take such actions as may be +necessary to ensure that the minting and issuing of coins under the Act +will not result in any net cost to the United States Government. + \ No newline at end of file From 828baff1e1abb0a9e5b7db20e5674fbd4c3b3307 Mon Sep 17 00:00:00 2001 From: "Rep. Barr, Andy [R-KY-6]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 571/984] House-6192: Engrossed in House --- bills_text/House-6192.txt | 51 +++++++++++++++++++++++---------------- 1 file changed, 30 insertions(+), 21 deletions(-) diff --git a/bills_text/House-6192.txt b/bills_text/House-6192.txt index 255b837..66bae7a 100644 --- a/bills_text/House-6192.txt +++ b/bills_text/House-6192.txt @@ -2,28 +2,9 @@ 2d Session H. R. 6192 -To require the Secretary of the Treasury to honor the 100th anniversary - of completion of coinage of the ``Morgan Dollar'' and the 100th -anniversary of commencement of coinage of the ``Peace Dollar'', and for - other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 11, 2020 - - Mr. Barr (for himself, Mr. Cleaver, Mr. Gottheimer, Mr. Pascrell, Mr. -Amodei, Mr. Stivers, Mr. Schneider, Mr. Walden, Mr. Panetta, Mr. Upton, -Mr. Thompson of California, Mr. Diaz-Balart, Mr. Katko, Mr. Lucas, Mr. - Hill of Arkansas, and Mr. Huizenga) introduced the following bill; - which was referred to the Committee on Financial Services - -_______________________________________________________________________ - - A BILL + AN ACT @@ -143,4 +124,32 @@ SEC. 7. FINANCIAL ASSURANCES. The Secretary of the Treasury shall take such actions as may be necessary to ensure that the minting and issuing of coins under the Act will not result in any net cost to the United States Government. - \ No newline at end of file + +SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives September 22, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6192 + +_______________________________________________________________________ + + AN ACT + +To require the Secretary of the Treasury to honor the 100th anniversary + of completion of coinage of the ``Morgan Dollar'' and the 100th +anniversary of commencement of coinage of the ``Peace Dollar'', and for + other purposes. From f51efaf16dbf4857ab1ed0d49b629acf82d6fdbe Mon Sep 17 00:00:00 2001 From: "Rep. Barr, Andy [R-KY-6]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 572/984] House-6192: Enrolled --- bills_text/House-6192.txt | 179 ++++++++++++++++---------------------- 1 file changed, 76 insertions(+), 103 deletions(-) diff --git a/bills_text/House-6192.txt b/bills_text/House-6192.txt index 66bae7a..e1004c6 100644 --- a/bills_text/House-6192.txt +++ b/bills_text/House-6192.txt @@ -1,132 +1,120 @@ -116th CONGRESS - 2d Session - H. R. 6192 + H.R.6192 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To require the Secretary of the Treasury to honor the 100th anniversary of completion of coinage of the ``Morgan Dollar'' and the 100th anniversary of commencement of coinage of the ``Peace Dollar'', and for - other purposes. + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``1921 Silver Dollar Coin Anniversary Act''. - SEC. 2. FINDINGS. - The Congress finds that following: - (1) In December 1921, the Peace silver dollar was approved - by Treasury Secretary Andrew Mellon, replacing the Morgan - silver dollar and commemorating the declaration of peace - between the United States and the Imperial German government. - (2) The Peace silver dollar was minted in Philadelphia, - Denver and San Francisco. The Morgan silver dollar was minted - at Philadelphia, Denver, San Francisco, Carson City, and New - Orleans. - (3) The Peace silver dollar was designed by Anthony de - Francisci with the Goddess of Liberty on the obverse and a bald - eagle clutching the olive branch (a symbol of peace) on the - reverse. The Peace silver dollars were minted between 1921 to - 1935. - (4) The Morgan silver dollar was designed by George T. - Morgan and was minted from 1878 to 1904, and again in 1921. The - obverse depicts a profile portrait of Lady Liberty and on the - reverse, a heraldic eagle. - (5) The conversion from the Morgan silver dollar to the - Peace silver dollar design in 1921 reflected a pivotal moment - in American history. The Morgan silver dollar represents the - country's westward expansion and industrial development in the - late 19th century. The Peace silver dollar symbolizes the - country's coming of age as an international power while - recognizing the sacrifices made by her citizens in World War I - and celebrating the victory and peace that ensued. - (6) These iconic silver dollars with vastly different - representations of Lady Liberty and the American Eagle, reflect - a changing of the guard in 1921 in the United States and - therefore on the 100th anniversary must begin to be minted - again to commemorate this significant evolution of American - freedom. - + (1) In December 1921, the Peace silver dollar was approved by + Treasury Secretary Andrew Mellon, replacing the Morgan silver + dollar and commemorating the declaration of peace between the + United States and the Imperial German government. + (2) The Peace silver dollar was minted in Philadelphia, Denver + and San Francisco. The Morgan silver dollar was minted at + Philadelphia, Denver, San Francisco, Carson City, and New Orleans. + (3) The Peace silver dollar was designed by Anthony de + Francisci with the Goddess of Liberty on the obverse and a bald + eagle clutching the olive branch (a symbol of peace) on the + reverse. The Peace silver dollars were minted between 1921 to 1935. + (4) The Morgan silver dollar was designed by George T. Morgan + and was minted from 1878 to 1904, and again in 1921. The obverse + depicts a profile portrait of Lady Liberty and on the reverse, a + heraldic eagle. + (5) The conversion from the Morgan silver dollar to the Peace + silver dollar design in 1921 reflected a pivotal moment in American + history. The Morgan silver dollar represents the country's westward + expansion and industrial development in the late 19th century. The + Peace silver dollar symbolizes the country's coming of age as an + international power while recognizing the sacrifices made by her + citizens in World War I and celebrating the victory and peace that + ensued. + (6) These iconic silver dollars with vastly different + representations of Lady Liberty and the American Eagle, reflect a + changing of the guard in 1921 in the United States and therefore on + the 100th anniversary must begin to be minted again to commemorate + this significant evolution of American freedom. SEC. 3. COIN SPECIFICATIONS. - (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue $1 coins in recognition of the 100th anniversary of completion of coinage of the Morgan dollar and the 100th anniversary of commencement of coinage of the Peace dollar, each of which shall-- - (1) weigh 26.73 grams; - (2) have a diameter of 1.500 inches; - (3) contain not less than 90 percent silver; and - (4) have a reeded edge. + (1) weigh 26.73 grams; + (2) have a diameter of 1.500 inches; + (3) contain not less than 90 percent silver; and + (4) have a reeded edge. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. - SEC. 4. DESIGN OF COINS. - (a) Design Requirements.-- - (1) In general.--The designs of the coins minted under this - Act shall honor either the Morgan dollar or the Peace dollar, - as follows-- - (A) Morgan dollar.--The coins honoring the 100th - anniversary of completion of coinage of the Morgan - dollar shall have an obverse design and a reverse - design that are renditions of the designs historically - used on the obverse and reverse of the Morgan dollar. - (B) Peace dollar.--The coins honoring the 100th - anniversary of commencement of coinage of the Peace - dollar shall have an obverse design and a reverse - design that are renditions of the designs historically - used on the obverse and reverse of the Peace dollar. - (2) Designation and inscriptions.--On each coin minted - under this Act, there shall be-- - (A) a designation of the value of the coin; - (B) an inscription of the year of minting or - issuance; and - (C) inscriptions of the words ``Liberty'', ``In God - We Trust'', ``United States of America'', and ``E - Pluribus Unum''. + (1) In general.--The designs of the coins minted under this Act + shall honor either the Morgan dollar or the Peace dollar, as + follows-- + (A) Morgan dollar.--The coins honoring the 100th + anniversary of completion of coinage of the Morgan dollar shall + have an obverse design and a reverse design that are renditions + of the designs historically used on the obverse and reverse of + the Morgan dollar. + (B) Peace dollar.--The coins honoring the 100th anniversary + of commencement of coinage of the Peace dollar shall have an + obverse design and a reverse design that are renditions of the + designs historically used on the obverse and reverse of the + Peace dollar. + (2) Designation and inscriptions.--On each coin minted under + this Act, there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year of minting or issuance; and + (C) inscriptions of the words ``Liberty'', ``In God We + Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- - (1) selected by the Secretary after consultation with the - Commission of Fine Arts; and - (2) reviewed by the Citizens Coinage Advisory Committee. - + (1) selected by the Secretary after consultation with the + Commission of Fine Arts; and + (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. - The Secretary may issue coins minted under this Act beginning on January 1, 2021. - SEC. 6. SALE OF COINS. - (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- - (1) the face value of the coins; and - (2) the cost of designing and issuing the coins (including - labor, materials, dies, use of machinery, overhead expenses, - marketing, and shipping). + (1) the face value of the coins; and + (2) the cost of designing and issuing the coins (including + labor, materials, dies, use of machinery, overhead expenses, + marketing, and shipping). (b) Bulk Sales.--The Secretary may make bulk sales of the coins issued under this Act at a reasonable discount. - SEC. 7. FINANCIAL ASSURANCES. - The Secretary of the Treasury shall take such actions as may be necessary to ensure that the minting and issuing of coins under the Act will not result in any net cost to the United States Government. - SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -134,22 +122,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives September 22, 2020. - - Attest: - - Clerk. -116th CONGRESS + Speaker of the House of Representatives. - 2d Session - - H. R. 6192 - -_______________________________________________________________________ - - AN ACT - -To require the Secretary of the Treasury to honor the 100th anniversary - of completion of coinage of the ``Morgan Dollar'' and the 100th -anniversary of commencement of coinage of the ``Peace Dollar'', and for - other purposes. + Vice President of the United States and + President of the Senate. From 4abdefe6b9700ea89411149eb796d35ed208bc3a Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 573/984] House-6201: Introduced to House --- bills_text/House-6201.txt | 2756 +++++++++++++++++++++++++++++++++++++ 1 file changed, 2756 insertions(+) create mode 100644 bills_text/House-6201.txt diff --git a/bills_text/House-6201.txt b/bills_text/House-6201.txt new file mode 100644 index 0000000..744b1dd --- /dev/null +++ b/bills_text/House-6201.txt @@ -0,0 +1,2756 @@ +116th CONGRESS + 2d Session + H. R. 6201 + +Making emergency supplemental appropriations for the fiscal year ending + September 30, 2020, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 11, 2020 + +Mrs. Lowey (for herself, Mr. Scott of Virginia, Mr. Neal, Mr. Bishop of + Georgia, Ms. DeLauro, Mr. Pallone, and Mr. Peterson) introduced the +following bill; which was referred to the Committee on Appropriations, + and in addition to the Committees on the Budget, and Ways and Means, +for a period to be subsequently determined by the Speaker, in each case +for consideration of such provisions as fall within the jurisdiction of + the committee concerned + +_______________________________________________________________________ + + A BILL + + + +Making emergency supplemental appropriations for the fiscal year ending + September 30, 2020, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Families First Coronavirus Response +Act''. + +SEC. 2. TABLE OF CONTENTS. + + The table of contents is as follows: + + DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL + APPROPRIATIONS ACT, 2020 + + DIVISION B--NUTRITION WAIVERS + + DIVISION C--COVID-19 HEALTH CARE WORKER PROTECTION ACT OF 2020 + + DIVISION D--EMERGENCY PAID LEAVE ACT OF 2020 + + DIVISION E--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS + ACT OF 2020 + + DIVISION F--PAID SICK DAYS FOR PUBLIC HEALTH EMERGENCIES AND PERSONAL + AND FAMILY CARE + + DIVISION G--HEALTH PROVISIONS + + DIVISION H--BUDGETARY EFFECTS + +SEC. 3. REFERENCES. + + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. + + DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL + APPROPRIATIONS ACT, 2020 + + The following sums are hereby appropriated, out of any money in +the Treasury not otherwise appropriated, for the fiscal year ending +September 30, 2020, and for other purposes, namely: + + TITLE I + + DEPARTMENT OF AGRICULTURE + + Food and Nutrition Service + +special supplemental nutrition program for women, infants, and children + (wic) + + For an additional amount for the ``Special Supplemental Nutrition +Program for Women, Infants, and Children'', $500,000,000, to remain +available through September 30, 2021: Provided, That such amount is +designated by the Congress as being for an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985. + + commodity assistance program + + For an additional amount for the ``Commodity Assistance Program'' +for the emergency food assistance program as authorized by section +27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and +section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 +U.S.C. 7508(a)(1)), $400,000,000, to remain available through September +30, 2021: Provided, That of the funds made available, the Secretary +may use up to $100,000,000 for costs associated with the distribution +of commodities: Provided further, That such amount is designated by +the Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + + GENERAL PROVISIONS--THIS TITLE + + Sec. 101. (a) Public Health Emergency.--During fiscal year 2020, in +any case in which a school is closed for at least 5 consecutive days +during a public health emergency designation during which the school +would otherwise be in session, each household containing at least 1 +member who is an eligible child attending the school shall be eligible +to receive assistance pursuant to a state agency plan approved under +subsection (b). + (b) Assistance.--To carry out this section, the Secretary of +Agriculture may approve State agency plans for temporary emergency +standards of eligibility and levels of benefits under the Food and +Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households with +eligible children. Plans approved by the Secretary shall provide for +supplemental allotments to households receiving benefits under such +Act, and issuances to households not already receiving benefits. Such +level of benefits shall be determined by the Secretary in an amount not +less than the value of meals at the free rate over the course of 5 +school days for each eligible child in the household. + (c) Minimum Closure Requirement.--The Secretary of Agriculture +shall not provide assistance under this section in the case of a school +that is closed for less than 5 consecutive days. + (d) Use of Ebt System.--A State agency may provide assistance under +this section through the EBT card system established under section 7 of +the Food and Nutrition Act of 2008 (7 U.S.C. 2016). + (e) Release of Information.--Notwithstanding any other provision of +law, the Secretary of Agriculture may authorize State educational +agencies and school food authorities administering a school lunch +program under the Richard B. Russell National School Lunch Act (42 +U.S.C. 1751 et seq.) to release to appropriate officials administering +the supplemental nutrition assistance program such information as may +be necessary to carry out this section. + (f) Waivers.--To facilitate implementation of this section, the +Secretary of Agriculture may approve waivers of the limits on +certification periods otherwise applicable under section 3(f) of the +Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting +requirements otherwise applicable under section 6(c) of such Act (7 +U.S.C. 2015(c)), and other administrative requirements otherwise +applicable to State agencies under such Act. + (g) Availability of Commodities.--During fiscal year 2020, the +Secretary of Agriculture may purchase commodities for emergency +distribution in any area of the United States during a public health +emergency designation. + (h) Definitions.--In this section: + (1) The term ``eligible child'' means a child (as defined + in section 12(d) or served under section 11(a)(1) of the + Richard B. Russell National School Lunch Act (42 U.S.C. + 1760(d), 1759(a)(1)) who, if not for the closure of the school + attended by the child during a public health emergency + designation and due to concerns about a COVID-19 outbreak, + would receive free or reduced price school meals under the + Richard B. Russell National School Lunch Act (42 U.S.C. 175l et + seq.) at the school. + (2) The term ``public health emergency designation'' means + the declaration-- + (A) of a public health emergency, based on an + outbreak of SARS-CoV-2 or another coronavirus with + pandemic potential, by the Secretary of Health and + Human Services under section 319 of the Public Health + Service Act (42 U.S.C. 247d); or + (B) of a domestic emergency, based on an outbreak + of SARS-CoV-2 or another coronavirus with pandemic + potential, by the Secretary of Homeland Security. + (3) The term ``school'' has the meaning given the term in + section 12(d) of the Richard B. Russell National School Lunch + Act (42 U.S.C. 1760(d)). + (i) Funding.--There are hereby appropriated to the Secretary of +Agriculture such amounts as are necessary to carry out this section: +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + Sec. 102. In addition to amounts otherwise made available, +$100,000,000, to remain available through September 30, 2021, shall be +available for the Secretary of Agriculture to provide grants to the +Commonwealth of the Northern Mariana Islands, Puerto Rico, and American +Samoa for nutrition assistance in response to a COVID-19 public health +emergency: Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE II + + DEPARTMENT OF LABOR + + Employment and Training Administration + + program administration + + For an additional amount for ``Program Administration'', +$5,000,000, to remain available through September 30, 2022, to +administer the emergency paid sick days program: Provided, That such +amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Administration for Community Living + + aging and disability services programs + + For an additional amount for ``Aging and Disability Services +Programs'', $250,000,000, to remain available until September 30, 2021, +for activities authorized under subparts 1 and 2 of part C, of title +III, and under title VI, of the Older Americans Act of 1965, of which +$160,000,000 shall be for Home-Delivered Nutrition Services, +$80,000,000 shall be for Congregate Nutrition Services, and $10,000,000 +shall be for Nutrition Services for Native Americans: Provided, That +such amount is designated by the Congress as being for an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + + TITLE III + + GENERAL PROVISIONS--THIS ACT + + Sec. 301. Not later than 30 days after the date of enactment of +this Act, the head of each executive agency that receives funding in +this Act shall provide a report detailing the anticipated uses of all +such funding to the Committees on Appropriations of the House of +Representatives and the Senate: Provided, That each report shall +include estimated personnel and administrative costs, as well as the +total amount of funding apportioned, allotted, obligated, and expended, +to date: Provided further, That each such plan shall be updated and +submitted to such Committees every 60 days until all funds are expended +or expire. + Sec. 302. Each amount appropriated or made available by this Act +is in addition to amounts otherwise appropriated for the fiscal year +involved. + Sec. 303. No part of any appropriation contained in this Act shall +remain available for obligation beyond the current fiscal year unless +expressly so provided herein. + Sec. 304. Unless otherwise provided for by this Act, the +additional amounts appropriated by this Act to appropriations accounts +shall be available under the authorities and conditions applicable to +such appropriations accounts for fiscal year 2020. + Sec. 305. Each amount designated in this Act by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985 shall +be available (or rescinded or transferred, if applicable) only if the +President subsequently so designates all such amounts and transmits +such designations to the Congress. + Sec. 306. Any amount appropriated by this Act, designated by the +Congress as an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985 and subsequently so designated by the President, and +transferred pursuant to transfer authorities provided by this Act shall +retain such designation. + This division may be cited as the ``Second Coronavirus Preparedness +and Response Supplemental Appropriations Act, 2020''. + + DIVISION B--NUTRITION WAIVERS + + TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT + +SEC. 101. SHORT TITLE. + + This title may be cited as the ``Maintaining Essential Access to +Lunch for Students Act'' or the ``MEALS Act''. + +SEC. 102. WAIVER EXCEPTION FOR SCHOOL CLOSURES DUE TO COVID-19. + + (a) In General.--The requirements under section 12(l)(1)(A)(iii) of +the Richard B. Russell National School Lunch Act (42 U.S.C. +1760(l)(1)(A)(iii)) shall not apply to a qualified COVID-19 waiver. + (b) Allowable Increase in Federal Costs.--Notwithstanding paragraph +(4) of section 12(l) of the Richard B. Russell National School Lunch +Act (42 U.S.C. 1760(l)), the Secretary of Agriculture may grant a +qualified COVID-19 waiver that increases Federal costs. + (c) Termination After Periodic Review.--The requirements under +section 12(l)(5) of the Richard B. Russell National School Lunch Act +(42 U.S.C. 1760(l)(5)) shall not apply to a qualified COVID-19 waiver. + (d) Qualified COVID-19 Waiver.--In this section, the term +``qualified COVID-19 waiver'' means a waiver-- + (1) requested by a State (as defined in section 12(d)(8) of + the Richard B. Russell National School Lunch Act (42 U.S.C. + 1760(d)(8))) or eligible service provider under section 12(l) + of the Richard B. Russell National School Lunch Act (42 U.S.C. + 1760(l)); and + (2) to waive any requirement under such Act (42 U.S.C. 1751 + et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et + seq.), or any regulation issued under either such Act, for + purposes of providing meals and meal supplements under such + Acts during a school closure due to COVID-19. + + TITLE II--COVID--19 CHILD NUTRITION RESPONSE ACT + +SEC. 201. SHORT TITLE. + + This title may be cited as the ``COVID-19 Child Nutrition Response +Act''. + +SEC. 202. NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS ADDRESSING + COVID-19. + + (a) Nationwide Waiver.-- + (1) In general.--Notwithstanding any other provision of + law, the Secretary may establish a waiver for all States under + section 12(l) of the Richard B. Russell National School Lunch + Act (42 U.S.C. 1760(l)), for purposes of-- + (A) providing meals and meal supplements under a + qualified program; and + (B) carrying out subparagraph (A) with appropriate + safety measures with respect to COVID-19, as determined + by the Secretary. + (2) State election.--A waiver established under paragraph + (1) shall-- + (A) notwithstanding paragraph (2) of section 12(l) + of the Richard B. Russell National School Lunch Act (42 + U.S.C. 1760(l)), apply automatically to any State that + elects to be subject to the waiver without further + application; and + (B) not be subject to the requirements under + paragraph (3) of such section. + (b) Child and Adult Care Food Program Waiver.--Notwithstanding any +other provision of law, the Secretary may grant a waiver under section +12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. +1760(l)) to allow non-congregate feeding under a child and adult care +food program under section 17 of the Richard B. Russell National School +Lunch Act (42 U.S.C. 1766) if such waiver is for the purposes of-- + (1) providing meals and meal supplements under such child + and adult care food program; and + (2) carrying out paragraph (1) with appropriate safety + measures with respect to COVID-19, as determined by the + Secretary. + (c) Meal Pattern Waiver.--Notwithstanding paragraph (4)(A) of +section 12(l) of the Richard B. Russell National School Lunch Act (42 +U.S.C. 1760(l)) the Secretary may grant a waiver under such section +that relates to the nutritional content of meals served if the +Secretary determines that-- + (1) such waiver is necessary to provide meals and meal + supplements under a qualified program; and + (2) there is a supply chain disruption with respect to + foods served under such a qualified program and such disruption + is due to COVID-19. + (d) Reports.--Each State that receives a waiver under subsection +(a), (b), or (c), shall, not later than 1 year after the date such +State received such waiver, submit a report to the Secretary that +includes the following: + (1) A summary of the use of such waiver by the State and + eligible service providers. + (2) A description of whether such waiver resulted in + improved services to children. + (e) Sunset.--The authority of the Secretary to establish or grant a +waiver under this section shall expire on September 30, 2020. + (f) Definitions.--In this section: + (1) Qualified program.--The term ``qualified program'' + means the following: + (A) The school lunch program under the Richard B. + Russell National School Lunch Act (42 U.S.C. 1751 et + seq.). + (B) The school breakfast program under section 4 of + the Child Nutrition Act of 1966 (42 U.S.C. 1773). + (C) The child and adult care food program under + section 17 of the Richard B. Russell National School + Lunch Act (42 U.S.C. 1766). + (D) The summer food service program for children + under section 13 of the Richard B. Russell National + School Lunch Act (42 U.S.C. 1761). + (2) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture. + (3) State.--The term ``State'' has the meaning given such + term in section 12(d)(8) of the Richard B. Russell National + School Lunch Act (42 U.S.C. 1760(d)(8)). + + TITLE III--SNAP WAIVERS + +SEC. 301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS WORKERS. + + (a) Beginning with the first month that begins after the enactment +of this Act and for each subsequent month through the end of the month +subsequent to the month a public health emergency declaration by the +Secretary of Health and Human Services under section 319 of the Public +Health Service Act based on an outbreak of coronavirus disease 2019 +(COVID-19) is lifted, eligibility for supplemental nutrition assistance +program benefits shall not be limited under section 6(o)(2) of the Food +and Nutrition Act of 2008 unless an individual does not comply with the +requirements of a program offered by the State agency (as defined in +section 3 of the Food and Nutrition Act of 2008) that meets the +standards of subparagraphs (B) or (C) of such section 6(o)(2). + (b) Beginning on the month subsequent to the month the public +health emergency declaration by the Secretary of Health and Human +Services under section 319 of the Public Health Service Act based on an +outbreak of COVID-19 is lifted for purposes of section 6(o) of the Food +and Nutrition Act of 2008, such State agency shall disregard any period +during which an individual received benefits under the supplemental +nutrition assistance program prior to such month. + +SEC. 302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC HEALTH EMERGENCY. + + (a) In the event of a public health emergency declaration by the +Secretary of Health and Human Services under section 319 of the Public +Health Service Act based on an outbreak of coronavirus disease 2019 +(COVID-19)and the issuance of an emergency or disaster declaration by a +State based on an outbreak of COVID-19, the Secretary of Agriculture-- + (1) shall provide, at the request of a State agency (as + defined in section 3 of the Food and Nutrition Act of 2008) + that provides sufficient data supporting such request, as + determined by the Secretary, for emergency allotments to + households participating in the supplemental nutrition + assistance program under the Food and Nutrition Act of 2008 to + address temporary food needs not greater than the applicable + maximum monthly allotment for the household size; and + (2) may adjust at the request of State agencies or in + consultation with State agencies, by guidance, issuance methods + and application and reporting requirements under the Food and + Nutrition Act of 2008 to be consistent with what is practicable + under actual conditions in affected areas. (In making this + adjustment, the Secretary shall consider the availability of + offices and personnel in State agencies, any conditions that + make reliance on electronic benefit transfer systems described + in section 7(h) of the Food and Nutrition Act of 2008 + impracticable, any disruptions of transportation and + communication facilities, and any health considerations that + warrant alternative approaches.) + (b)(1) The Secretary of Agriculture shall make any requests +submitted by State agencies under subsection (a), the Secretary's +approval or denial of such requests, and any guidance issued under +subsection (a)(2) publicly available on the website of the Department +of Agriculture. + (2) The Secretary of Agriculture shall post the information +described in paragraph (1) on the website of the Department of +Agriculture not later than 10 days after receipt or issuance of such +information. + (c) The Secretary of Agriculture shall, within 18 months after the +public health emergency declaration described in subsection (a) is +lifted, submit a report to the House and Senate Agriculture Committees +with a description of the measures taken to address the food security +needs of affected populations during the emergency, any information or +data supporting State agency requests, any additional measures that +States requested that were not approved, and recommendations for +changes to the Secretary's authority under the Food and Nutrition Act +of 2008 to assist the Secretary and States and localities in +preparations for any future health emergencies. + + DIVISION C--COVID-19 HEALTH CARE WORKER PROTECTION ACT OF 2020 + +SEC. 1. SHORT TITLE. + + This Act may be cited as the ``COVID-19 Health Care Worker +Protection Act of 2020''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) The infectious disease COVID-19 presents a grave danger + to health care workers who are the first line of defense of the + United States against this epidemic. + (2) Hundreds of health care workers in the United States + have been infected or quarantined due to exposure to patients + with COVID-19. Surveys conducted by health care worker unions + and others have found that many health care facilities are + inadequately prepared to safely protect health care workers who + are exposed to the virus. + (3) Inadequate infection control precautions have a + detrimental impact on health care workers, patients and the + public, and if there is breakdown in health care worker + protections, the nation's public health system is placed at + risk. + (4) The Severe Acute Respiratory Syndrome (hereinafter + referred to as ``SARS'') epidemic of 2003 and 2004 in Canada, + which involved a coronavirus, resulted in a disproportionately + large number of infections of both health care workers and + patients in Ontario, Canada, hospitals due to insufficient + infection control procedures involving SARS. + (5) The Occupational Safety and Health Administration began + rulemaking on a standard to protect health care workers from + airborne and other infectious diseases in 2009. In 2017, the + Trump Administration suspended work on this rulemaking, + removing it from the active Regulatory Agenda. + (6) The Centers for Disease Control and Prevention issued a + document entitled, ``2007 Guideline for Isolation Precautions: + Preventing Transmission of Infectious Agents in Healthcare + Settings'' in July, 2007. However, the guideline in such + document is not binding. + (7) Absent an enforceable standard, employers lack + mandatory requirements to implement an effective and ongoing + infection and exposure control program that provides protection + to health care workers from COVID-19. + (8) Section 6(c)(1) of the Occupational Safety and Health + Act authorizes the Occupational Safety and Health + Administration to issue an ``Emergency Temporary Standard'' if + employees are exposed to grave danger from harmful agents or + new hazards and if an emergency standard is necessary to + protect employees from such danger. The widespread outbreak of + COVID-19 clearly satisfies these two conditions. + (9) The Occupational Safety and Health Administration has + received two petitions in March 2020 calling on the + Occupational Safety and Health Administration to issue an + Emergency Temporary Standard to protect workers from COVID-19. + (10) An Emergency Temporary Standard is necessary to ensure + the immediate protection of workers in health care workplaces + and other high-risk workplaces identified by the Centers for + Disease Control and Prevention and the Occupational Safety and + Health Administration from infection related to COVID-19. + + TITLE I--COVID-19 EMERGENCY TEMPORARY STANDARD + +SEC. 101. COVID-19 EMERGENCY TEMPORARY STANDARD. + + (a) Emergency Temporary Standard.--Pursuant to section 6(c)(1) of +the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)(1)), +not later than 1 month after the date of enactment of this Act, the +Secretary of Labor shall promulgate an emergency temporary standard to +protect from occupational exposure to SARS-CoV-2-- + (1) employees of health care sector employers; and + (2) employees in other sectors whom the Centers for Disease + Control and Prevention or the Occupational Safety and Health + Administration identifies as having elevated risk. + (b) Permanent Standard.--Upon publication of the emergency standard +under subsection (a), the Secretary of Labor shall commence a +proceeding to promulgate a standard under section 6(c)(3) of the +Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)(3)) with +respect to such emergency temporary standard. + (c) Requirements.--Each standard promulgated under this section +shall-- + (1) require the employers of the employees described in + subsection (a) to develop and implement a comprehensive + infectious disease exposure control plan; and + (2) at a minimum, be based on the precautions for severe + acute respiratory syndrome (SARS) in the ``2007 Guideline for + Isolation Precautions: Preventing Transmission of Infectious + Agents in Healthcare Settings'' of the Centers for Disease + Control and Prevention and any subsequent updates; and + (3) provide no less protection for novel pathogens than + precautions mandated by standards adopted by a State plan that + has been approved by the Secretary of Labor under section 18 of + the Occupational Safety and Health Act of 1970 (29 U.S.C. 667). + + TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT + +SEC. 201. APPLICATION OF COVID-19 EMERGENCY TEMPORARY STANDARD TO + CERTAIN FACILITIES RECEIVING MEDICARE FUNDS. + + (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. +1395cc) is amended-- + (1) in subsection (a)(1)-- + (A) in subparagraph (X), by striking ``and'' at the + end; + (B) in subparagraph (Y), by striking the period at + the end and inserting ``; and''; and + (C) by inserting after subparagraph (Y) the + following new subparagraph: + ``(Z) in the case of hospitals that are not + otherwise subject to the Occupational Safety and Health + Act of 1970 (or a State occupational safety and health + plan that is approved under section 18(b) of such Act) + and skilled nursing facilities that are not otherwise + subject to such Act (or such a State occupational + safety and health plan), to comply with the standards + promulgated under section 101 of the Covid-19 Health + Care Worker Protection Act of 2020.''; and + (2) in subsection (b)(4)-- + (A) in subparagraph (A), by inserting ``and a + hospital or skilled nursing facility that fails to + comply with the requirement of subsection (a)(1)(Z) + (relating to the standards promulgated under section + 101 of the Covid-19 Health Care Worker Protection Act + of 2020)'' after ``Bloodborne Pathogens Standard)''; + and + (B) in subparagraph (B)-- + (i) by striking ``(a)(1)(U)'' and inserting + ``(a)(1)(V)''; and + (ii) by inserting ``(or, in the case of a + failure to comply with the requirement of + subsection (a)(1)(Z), for a violation of the + standards referred to in such subsection by a + hospital or skilled nursing facility, as + applicable, that is subject to the provisions + of such Act)'' before the period at the end. + (b) Effective Date.--The amendments made by subsection (a) shall +apply beginning on the date that is 1 month after the date of +promulgation of the emergency temporary standard under section 101 of +the COVID-19 Health Care Worker Protection Act of 2020. + + DIVISION D--EMERGENCY PAID LEAVE ACT OF 2020 + +SEC. 101. SHORT TITLE. + + This division may be cited as the ``Emergency Paid Leave Act of +2020''. + +SEC. 102. EMERGENCY PAID LEAVE BENEFITS. + + The Social Security Act is amended by inserting after title V the +following: + + ``TITLE VI--EMERGENCY PAID LEAVE BENEFITS + +``SEC. 601. DEFINITIONS. + + ``In this title, the following definitions apply: + ``(1) Emergency leave day.-- + ``(A) In general.--The term `emergency leave day' + means, with respect to an individual, a calendar day in + which the individual is not able to engage in + employment due to any of the following reasons: + ``(i) The individual has a current + diagnosis of COVID-19. + ``(ii) The individual is under quarantine + (including self-imposed quarantine), at the + instruction of a health care provider, + employer, or a local, State, or Federal + official, in order to prevent the spread of + COVID-19. + ``(iii) The individual is engaged in + caregiving for an individual who has a current + diagnosis of COVID-19 or is under quarantine as + described in clause (ii). + ``(iv) The individual is engaged in + caregiving, because of the COVID-19-related + closing of a school or other care facility or + care program, for a child or other individual + unable to provide self-care. + ``(B) Limitation.--No calendar day may be treated + as an emergency leave day with respect to an individual + if the individual-- + ``(i) received any form of compensation + from an employer (other than State or private + paid leave), including wages or any form of + accrued paid leave, for such day; or + ``(ii) was eligible for unemployment + compensation for the week in which such day + occurs. + ``(2) Commissioner.--The term `Commissioner' means the + Commissioner of Social Security. + ``(3) Eligible individual.--The term `eligible individual' + means an individual who had wages or self-employment income + during the 30-day period ending on the first emergency leave + day with respect to such individual. + ``(4) Self-employment income.--The term `self-employment + income' has the meaning given the term in section 1402(b) of + the Internal Revenue Code of 1986 for purposes of the taxes + imposed by section 1401(b) of such Code. + ``(5) State.--The term `State' means any State of the + United States or the District of Columbia or any territory or + possession of the United States. + ``(6) State or private paid leave.--The term `State or + private paid leave' means a benefit which provides full or + partial wage replacement to employees on the basis of + specifically defined qualifying events described in section 102 + of the Family and Medical Leave Act of 1993 or defined by a + written employer policy or State law and which ends either when + the qualifying event is no longer applicable or a set period of + benefits is exhausted. + ``(7) Unemployment compensation.--The term unemployment + compensation means-- + ``(A) `regular compensation', `extended + compensation', and `additional compensation' (as such + terms are defined by section 205 of the Federal-State + Extended Unemployment Compensation Act (26 U.S.C. 3304 + note)); and + ``(B) assistance under section 410 of the Robert T. + Stafford Disaster Relief and Emergency Assistance Act + (42 U.S.C. 5177). + ``(8) Wages.--The term `wages' has the meaning given such + term in section 3121(a) of the Internal Revenue Code of 1986 + for purposes of the taxes imposed by sections 3101(b) and + 3111(b) of such Code. + +``SEC. 602. EMERGENCY PAID LEAVE BENEFITS. + + ``(a) In General.--The Commissioner shall pay an emergency paid +leave benefit, to be paid electronically or, if necessary, by mail, to +each eligible individual for each 30-day period beginning and ending in +the benefit period (not to exceed 3) for which the eligible individual +has filed an application containing such certifications as required +under subsection (e). + ``(b) Benefit Amount.-- + ``(1) In general.--Subject to paragraph (2), the amount of + the emergency paid leave benefit to which an individual is + entitled under subsection (a) for a 30-day period shall be an + amount (not to exceed $4,000) equal to 2/3 of the individual's + average monthly earnings. + ``(2) Reduction based on receipt of state or private paid + leave.--The amount of an emergency paid leave benefit to which + an individual is entitled under subsection (a) for a 30-day + period shall be reduced by $1 for each dollar of State or + private paid leave received by the individual for such period. + ``(3) Average monthly earnings.--For purposes of this + subsection, an individual's average monthly earnings shall be + equal to the quotient obtained by dividing-- + ``(A) the total of the wages and self-employment + income received by the individual during the most + recent calendar year preceding an application for an + emergency paid leave benefit under this section for + which data is available to the Commissioner; by + ``(B) 12. + ``(c) Benefit Period.--For purposes of this section, the benefit +period begins on January 19, 2020, and ends on the date that is 1 year +after the date of enactment of this title. + ``(d) Retroactive Benefits.--An application for benefits for any +month beginning and ending in the benefit period may be filed at any +time prior to the date that is 180 days after the end of such benefit +period. + ``(e) Application.-- + ``(1) In general.--An application for an emergency paid + leave benefit under this section for a 30-day period shall + include-- + ``(A) an attestation by the individual-- + ``(i) that he or she is an eligible + individual; + ``(ii) that at least 14 emergency leave + days with respect to the individual occurred, + or are expected to occur, during such period; + and + ``(iii) that the individual has informed + his or her employer of the individual's need to + take emergency leave, if the individual has an + employer. + ``(2) Availability.--The Commissioner shall accept + applications online, by telephone, and by mail. + ``(3) Authentication of identity.--The Commissioner is + authorized to take such steps as are necessary to authenticate + the identity of applicants. + ``(4) Penalties for fraud.--Any fraud or misrepresentation + relating to an application for benefits under this title shall + be treated as a violation of section 208. + ``(f) Ineligibility Based on Fraud and Criminal Activity.-- + ``(1) Ineligibility following certain convictions.--An + individual who has been convicted of a violation under section + 208 or who has been found to have used false statements to + secure benefits under this section shall be ineligible for + benefits under this section. + ``(2) Ineligibility of prisoners.--An individual shall be + ineligible for a benefit under this section for any 30-day + period with respect to which the individual is an individual + described in clause (i), (ii), or (iii) of section + 202(x)(1)(A). + ``(g) Review of Eligibility and Benefit Payment Determinations.-- + ``(1) Burden of proof.--An application for benefits under + this section shall be presumed to be true and accurate, unless + the Commissioner demonstrates by a preponderance of the + evidence that information contained in the application is + false. + ``(2) Review.-- + ``(A) In general.--An individual may request review + of an adverse determination with respect to such + application or of a benefit payment determination and + shall have the same appeals rights as provided under + title II. + ``(B) Final determinations.--All final + determinations of the Commissioner under this + subsection shall be reviewable according to the + procedures set out in section 205. + ``(3) Program integrity.--The Commissioner shall have the + authority to conduct random sample audits of benefits provided + under this title to ensure compliance with the eligibility + requirements for such benefits. + ``(h) Protection of Existing Benefit Rights.-- + ``(1) In general.--This title does not preempt or supercede + any provision of State or local law that authorizes a State or + local municipality to provide paid leave benefits similar to + the benefits provided under this title. + ``(2) Greater benefits allowed.--Nothing in this title + shall be construed to diminish the obligation of an employer to + comply with any contract, collective bargaining agreement, or + any employment benefit program or plan that provides greater + paid leave or other leave rights to employees than the rights + established under this title. + ``(i) Reimbursement Grants to States.--Not later than July 1, 2021, +the Secretary of the Treasury, in consultation with the Commissioner of +Social Security, shall make a grant to each State in an amount equal to +the total amount, for all 30-day periods beginning and ending in the +benefit period, by which benefits under this title were reduced under +subsection (b)(2) as a result of State and private paid leave paid by +such State or under the law of such State. + ``(j) Applicability of Certain Title II Provisions.--The provisions +of sections 204, 205, 206, and 208 shall apply to benefit payments made +under this section in the same way that such provisions apply to +benefit payments made under title II. + ``(k) No Effect on Eligibility for SSI.--Any benefit paid to an +individual under this title shall not be regarded as income or +resources for any month, for purposes of determining the eligibility of +the recipient (or the recipient's spouse or family) for benefits or +assistance, or the amount or extent of benefits or assistance, under +the Supplemental Security Income program. + +``SEC. 603. FUNDING AND EXPEDITED IMPLEMENTATION AUTHORITY. + + ``(a) Funding.--There are appropriated such sums as necessary to +the Commissioner of Social Security to administer and pay benefits +under the program established under this title, and to the Secretary of +the Treasury for reimbursement grants under section 602(i). + ``(b) Expedited Implementation Authority.--In order to expedite the +implementation of the emergency paid leave program under this title, +the Commissioner is authorized to waive existing Federal requirements +regarding paperwork reduction, system of records notices, contracting +and acquisitions, and hiring. + ``(c) Protection of Existing Employee Rights.--This title does not +preempt or supersede existing collective bargaining agreements. + +``SEC. 604. PROTECTION OF SOCIAL SECURITY TRUST FUNDS. + + ``No funds from the Federal Old-Age and Survivors Insurance Trust +Fund or the Federal Disability Insurance Trust Fund, or appropriated to +the Social Security Administration for the administration of titles II +or XVI, may be used for any purpose under this title. + +``SEC. 605. TAXATION OF EMERGENCY LEAVE BENEFITS. + + ``No amount received by an individual under this title shall be +included in gross income for purposes of the Internal Revenue Code of +1986.''. + +SEC. 103. AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993. + + (a) Public Health Emergency Leave.--Section 102(a)(1) of the Family +and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by +adding at the end the following: + ``(F) During the 2-year period beginning on the + date of the enactment of the Emergency Paid Leave Act + of 2020, because of a qualifying need related to a + public health emergency in accordance with section + 110.''. + (b) Requirements.--Title I of the Family and Medical Leave Act of +1993 (29 U.S.C. 2611 et seq.) is amended by adding at the end the +following: + +``SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE. + + ``(a) Definitions.--The following shall apply with respect to leave +under section 102(a)(1)(F): + ``(1) Application of certain terms.--The definitions in + section 101 shall apply, except as follows: + ``(A) Eligible employee.--In lieu of the definition + in section 101(4)(A), the term `eligible employee' + means an individual who has been employed for at least + 30 days by the employer with respect to whom leave is + requested under section 102(a)(1)(F). + ``(B) Employer threshold.--Section 101(4)(A)(i) + shall be applied by substituting `1 or more employees' + for `50 or more employees for each working day during + each of 20 or more calendar workweeks in the current or + preceding calendar year'. + ``(C) Health care provider.--In section 101(6), the + term `health care provider' includes a nurse + practitioner. + ``(D) Parent.--In lieu of the definition in section + 101(7), the term `parent', with respect to an employee, + means any of the following: + ``(i) A biological, foster, or adoptive + parent of the employee. + ``(ii) A stepparent of the employee. + ``(iii) A parent-in-law of the employee. + ``(iv) A parent of a domestic partner of + the employee. + ``(v) A legal guardian or other person who + stood in loco parentis to an employee when the + employee was a child. + ``(2) Additional definitions.--In addition to the + definitions described in paragraph (1), the following + definitions shall apply with respect to leave under section + 102(a)(1)(F): + ``(A) Qualifying need related to a public health + emergency.--The term `qualifying need related to a + public health emergency', with respect to leave, means + that a public health emergency has been declared in a + location that includes the employee's work (including + the commuting route of the employee), residence, or + community, and the employee has a need for leave for + one of the following: + ``(i) To comply with a recommendation or + order by a health authority having jurisdiction + or a health care provider on the basis that-- + ``(I) the physical presence of the + employee on the job would jeopardize + the health of others because of-- + ``(aa) the exposure of the + employee to coronavirus; or + ``(bb) exhibition of + symptoms of coronavirus by the + employee; and + ``(II) the employee is unable to + both perform the functions of the + position of such employee and comply + with such recommendation or order. + ``(ii) To care for a family member of an + eligible employee with respect to whom a health + authority having jurisdiction or a health care + provider makes a determination that the + presence of the family member in the community + would jeopardize the health of other + individuals in the community because of-- + ``(I) the exposure of such family + member to coronavirus; or + ``(II) exhibition of symptoms of + coronavirus by such family member. + ``(iii) To care for the son or daughter of + such employee if the school or place of care + has been closed, or the child care provider of + such son or daughter is unavailable, due to a + public health emergency. + ``(B) Public health emergency.--The term `public + health emergency' means an emergency with respect to + coronavirus declared by a Federal, State, or local + authority. + ``(C) Child care provider.--The term `child care + provider' means a provider who receives compensation + for providing child care services on a regular basis, + including an `eligible child care provider' (as defined + in section 658P of the Child Care and Development Block + Grant Act of 1990 (42 U.S.C. 9858n)). + ``(D) Coronavirus.--The term `coronavirus' has the + meaning given the term in section 506 of the + Coronavirus Preparedness and Response Supplemental + Appropriations Act, 2020. + ``(E) School.--The term `school' means an + `elementary school' or `secondary school' as such terms + are defined in section 8101 of the Elementary and + Secondary Education Act of 1965 (20 U.S.C. 7801). + ``(F) Family.--The term `family member', with + respect to an employee, means any of the following: + ``(i) A parent of the employee. + ``(ii) A spouse of the employee. + ``(iii) A sibling of the employee. + ``(iv) Next of kin of the employee or a + person for whom the employee is next of kin. + ``(v) A son or daughter of the employee. + ``(vi) A grandparent or grandchild of the + employee. + ``(b) Leave Taken Intermittently or on a Reduced Work Schedule.-- + ``(1) In general.--Subject to paragraph (2), leave taken + under section 102(a)(1)(F) may not be taken intermittently or + on a reduced work schedule. + ``(2) Care for son or daughter.--Paragraph (1) shall not + apply with respect to leave taken for the purpose described in + subsection (a)(2)(A)(iii) if the son or daughter of the + employee with respect to whom the subsection applies has not + been exposed to coronavirus. + ``(c) Relationship to Paid Leave.-- + ``(1) In general.--An employee may elect to substitute any + of the accrued vacation leave, personal leave, or medical or + sick leave for leave under section 102(a)(1)(F) in accordance + with section 102(d)(2)(B). + ``(2) Employer requirement.--An employer may not require an + employee to substitute any leave as described in paragraph (1) + for leave under section 102(a)(1)(F). + ``(d) Notice.--In any case where the necessity for leave under +section 102(a)(1)(F) for the purpose described in subsection +(a)(2)(A)(iii) is foreseeable, an employee shall provide the employer +with such notice of leave as is practicable. + ``(e) Certification.-- + ``(1) In general.--An employer may require that a request + for leave under section 102(a)(1)(F) be supported by + documentation described in paragraph (2). An employer may not + require such documentation until not later than 3 weeks after + the date on which the employee takes such leave. + ``(2) Sufficient certification.--The following + documentation shall be sufficient certification: + ``(A) With respect to leave taken for the purposes + described in clause (i) or (ii) of subsection + (a)(2)(A)-- + ``(i) a recommendation or order from a + health authority having jursidiction or a + health care provider that the relevant + individual has symptoms of coronavirus or + should be quarantined; or + ``(ii) documentation or evidence that the + relevant individual has been exposed to + coronavirus. + ``(B) With respect to leave taken for the purposes + described in clause (iii) of subsection (a)(2)(A), + notice from the school, place of care, or child care + provider of the son or daughter of the employee of + closure or unavailability. + ``(f) Restoration to Position.-- + ``(1) In general.--Section 104(a)(1) shall not apply with + respect to an employee of an employer who employs fewer than 25 + employees if the conditions described in paragraph (2) are met. + ``(2) Conditions.--The conditions described in this + paragraph are the following: + ``(A) The employee takes leave under section + 102(a)(1)(F). + ``(B) The position held by the employee when the + leave commenced does not exist due to economic + conditions or other changes in operating conditions of + the employer-- + ``(i) that affect employment; and + ``(ii) are caused by a public health crisis + during the period of leave. + ``(C) The employer makes reasonable efforts to + restore the employee to a position equivalent to the + position the employee held when the leave commenced, + with equivalent employment benefits, pay, and other + terms and conditions of employment. + ``(D) If the reasonable efforts of the employer + under subparagraph (C) fail, the employer makes + reasonable efforts during the period described in + paragraph (3) to contact the employee if an equivalent + position described in subparagraph (C) becomes + available. + ``(3) Contact period.--The period described under this + paragraph is the 1-year period beginning on the earlier of-- + ``(A) the date on which the qualifying need related + to a public health emergency concludes; or + ``(B) the date that is 12 weeks after the date on + which the employee's leave under section 102(a)(1)(F) + commences.''. + + DIVISION E--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS + ACT OF 2020 + +SEC. 101. SHORT TITLE. + + This division may be cited as the ``Emergency Unemployment +Insurance Stabilization and Access Act of 2020''. + +SEC. 102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT COMPENSATION + ADMINISTRATION. + + (a) In General.--Section 903 of the Social Security Act (42 U.S.C. +1103) is amended by adding at the end the following: + + ``Emergency Transfers in Fiscal Year 2020 for Administration + + ``(h)(1)(A) In addition to any other amounts, the Secretary of +Labor shall provide for the making of emergency administration grants +in fiscal year 2020 to the accounts of the States in the Unemployment +Trust Fund, by transfer from amounts reserved for that purpose in the +Federal unemployment account, in accordance with succeeding provisions +of this subsection. + ``(B) The amount of an emergency administration grant with respect +to a State shall, as determined by the Secretary of Labor, be equal to +the amount obtained by multiplying $1,000,000,000 by the same ratio as +would apply under subsection (a)(2)(B) for purposes of determining such +State's share of any excess amount (as described in subsection (a)(1)) +that would have been subject to transfer to State accounts, as of +October 1, 2019, under the provisions of subsection (a). + ``(C) Of the emergency administration grant determined under +subparagraph (B) with respect to a State-- + ``(i) not later than 30 days after the date of enactment of + this subsection, 50 percent shall be transferred to the account + of such State upon a certification by the Secretary of Labor to + the Secretary of the Treasury that the State meets the + requirements of paragraph (2); and + ``(ii) only with respect to a State in which the number of + unemployment compensation claims has increased by at least 10 + percent over the previous calendar year, the remainder shall be + transferred to the account of such State upon a certification + by the Secretary of Labor to the Secretary of the Treasury that + the State meets the requirements of paragraph (3). + ``(2) The requirements of this paragraph with respect to a State +are the following: + ``(A) The State requires employers to provide notification + of the availability of unemployment compensation to employees + at the time of separation from employment. Such notification + may be based on model language issued by the Secretary of + Labor. + ``(B) The State ensures that applications for unemployment + compensation, and assistance with the application process, are + accessible in at least two of the following: in-person, by + phone, or online. + ``(C) The State notifies applicants when an application is + received and is being processed, and in any case in which an + application is unable to be processed, provides information + about steps the applicant can take to ensure the successful + processing of the application. + ``(3) The requirements of this paragraph with respect to a State +are the following: + ``(A) The State has expressed its commitment to maintain + and strengthen access to the unemployment compensation system, + including through initial and continued claims. + ``(B) The State has demonstrated steps it has taken or will + take to ease eligibility requirements and access to + unemployment compensation for claimants, including waiving work + search requirements and the waiting week, and directly or + indirectly relieving benefit charges for claimants and + employers directly impacted by COVID-19 due to an illness in + the workplace or direction from a public health official to + isolate or quarantine workers. + ``(4) Any amount transferred to the account of a State under this +subsection may be used by such State only for the administration of its +unemployment compensation law, including by taking such steps as may be +necessary to ensure adequate resources in periods of high demand. + ``(5) Not later than 1 year after the date of enactment of the +Emergency Unemployment Insurance Stabilization and Access Act of 2020, +each State receiving emergency administration grant funding under +paragraph (1)(C)(i) shall submit to the Secretary of Labor, the +Committee on Ways and Means of the House of Representatives, and the +Committee on Finance of the Senate, a report that includes-- + ``(A) an analysis of the recipiency rate for unemployment + compensation in the State as such rate has changed over time; + ``(B) a description of steps the State intends to take to + increase such recipiency rate. + ``(6)(A) Notwithstanding any other provision of law, the Secretary +of the Treasury shall transfer from the general fund of the Treasury +(from funds not otherwise appropriated) to the employment security +administration account (as established by section 901 of the Social +Security Act) such sums as the Secretary of Labor estimates to be +necessary for purposes of making the transfers described in paragraph +(1)(C). + ``(B) There are appropriated from the general fund of the Treasury, +without fiscal year limitation, the sums referred to in the preceding +sentence and such sums shall not be required to be repaid.''. + (b) Emergency Flexibility.--Notwithstanding any other law, if a +State modifies its unemployment compensation law and policies +(including with respect to work search, waiting week, good cause, and +employer experience rating) on an emergency temporary basis as needed +to respond to the spread of COVID-19, such modifications shall be +disregarded for the purposes of applying section 303 of the Social +Security Act and section 3304 of the Internal Revenue Code of 1986 to +such State law. + (c) Regulations.--The Secretary of Labor may prescribe any +regulations, operating instructions, or other guidance necessary to +carry out the amendment made by subsection (a). + +SEC. 103. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES. + + Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. +1322(b)(10)(A)) is amended by striking ``beginning on the date of +enactment of this paragraph and ending on December 31, 2010'' and +inserting ``beginning on the date of enactment of the Emergency +Unemployment Insurance Stabilization and Access Act of 2020 and ending +on December 31, 2020''. + +SEC. 104. TECHNICAL ASSISTANCE AND GUIDANCE FOR SHORT-TIME COMPENSATION + PROGRAMS. + + The Secretary of Labor shall assist States in establishing, +implementing, and improving the employer awareness of short-time +compensation programs (as defined in section 3306(v) of the Internal +Revenue Code of 1986) to help avert layoffs, including by providing +technical assistance and guidance. + +SEC. 105. FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION + FOR A LIMITED PERIOD. + + (a) In General.--In the case of sharable extended compensation and +sharable regular compensation paid for weeks of unemployment beginning +after the date of the enactment of this section and before December 31, +2020 (and only with respect to States that receive emergency +administration grant funding under clauses (i) and (ii) of section +903(h)(1)(C) of the Social Security Act (42 U.S.C. 1102(h)(1)(C))), +section 204(a)(1) of the Federal-State Extended Unemployment +Compensation Act of 1970 (26 U.S.C. 3304 note) shall be applied by +substituting ``100 percent of'' for ``one-half of''. + (b) Temporary Federal Matching for the First Week of Extended +Benefits for States With No Waiting Week.--With respect to weeks of +unemployment beginning after the date of the enactment of this Act and +ending on or before December 31, 2020, subparagraph (B) of section +204(a)(2) of the Federal-State Extended Unemployment Compensation Act +of 1970 (26 U.S.C. 3304 note) shall not apply. + (c) Definitions.--For purposes of this section-- + (1) the terms ``sharable extended compensation'' and + ``sharable regular compensation'' have the respective meanings + given such terms under section 204 of the Federal-State + Extended Unemployment Compensation Act of 1970; and + (2) the term ``week'' has the meaning given such term under + section 205 of the Federal-State Extended Unemployment + Compensation Act of 1970. + (d) Regulations.--The Secretary of Labor may prescribe any +operating instructions or regulations necessary to carry out this +section. + + DIVISION F--PAID SICK DAYS FOR PUBLIC HEALTH EMERGENCIES AND PERSONAL + AND FAMILY CARE + +SEC. 101. SHORT TITLE. + + This division may be cited as the ``Paid Sick Days for Public +Health Emergencies and Personal and Family Care Act''. + +SEC. 102. DEFINITIONS. + + In this Act: + (1) Child.--The term ``child'' means a biological, foster, + or adopted child, a stepchild, a child of a domestic partner, a + legal ward, or a child of a person standing in loco parentis. + (2) Domestic partner.-- + (A) In general.--The term ``domestic partner'', + with respect to an individual, means another individual + with whom the individual is in a committed + relationship. + (B) Committed relationship defined.--The term + ``committed relationship'' means a relationship between + 2 individuals, each at least 18 years of age, in which + each individual is the other individual's sole domestic + partner and both individuals share responsibility for a + significant measure of each other's common welfare. The + term includes any such relationship between 2 + individuals, including individuals of the same sex, + that is granted legal recognition by a State or + political subdivision of a State as a marriage or + analogous relationship, including a civil union or + domestic partnership. + (3) Domestic violence.--The term ``domestic violence'' has + the meaning given the term in section 40002(a) of the Violence + Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the + reference in such section to the term ``jurisdiction receiving + grant monies'' shall be deemed to mean the jurisdiction in + which the victim lives or the jurisdiction in which the + employer involved is located. Such term also includes dating + violence, as that term is defined in such section. + (4) Employee.--The term ``employee'' means an individual + who is-- + (A)(i) an employee, as defined in section 3(e) of + the Fair Labor Standards Act of 1938 (29 U.S.C. + 203(e)), who is not covered under subparagraph (E), + including such an employee of the Library of Congress, + except that a reference in such section to an employer + shall be considered to be a reference to an employer + described in clauses (i)(I) and (ii) of paragraph + (5)(A); or + (ii) an employee of the Government Accountability + Office; + (B) a State employee described in section 304(a) of + the Government Employee Rights Act of 1991 (42 U.S.C. + 2000e-16c(a)); + (C) a covered employee, as defined in section 101 + of the Congressional Accountability Act of 1995 (2 + U.S.C. 1301), other than an applicant for employment; + (D) a covered employee, as defined in section + 411(c) of title 3, United States Code; or + (E) a Federal officer or employee covered under + subchapter V of chapter 63 of title 5, United States + Code. + (5) Employer.-- + (A) In general.--The term ``employer'' means a + person who is-- + (i)(I) a covered employer, as defined in + subparagraph (B), who is not covered under + subclause (V); + (II) an entity employing a State employee + described in section 304(a) of the Government + Employee Rights Act of 1991; + (III) an employing office, as defined in + section 101 of the Congressional Accountability + Act of 1995; + (IV) an employing office, as defined in + section 411(c) of title 3, United States Code; + or + (V) an employing agency covered under + subchapter V of chapter 63 of title 5, United + States Code; and + (ii) engaged in commerce (including + government), or an industry or activity + affecting commerce (including government), as + defined in subparagraph (B)(iii). + (B) Covered employer.-- + (i) In general.--In subparagraph (A)(i)(I), + the term ``covered employer''-- + (I) means any person engaged in + commerce or in any industry or activity + affecting commerce who employs 1 or + more employees; + (II) includes-- + (aa) any person who acts, + directly or indirectly, in the + interest of an employer to any + of the employees of such + employer; and + (bb) any successor in + interest of an employer; + (III) includes any ``public + agency'', as defined in section 3(x) of + the Fair Labor Standards Act of 1938 + (29 U.S.C. 203(x)); and + (IV) includes the Government + Accountability Office and the Library + of Congress. + (ii) Public agency.--For purposes of clause + (i)(IV), a public agency shall be considered to + be a person engaged in commerce or in an + industry or activity affecting commerce. + (iii) Definitions.--For purposes of this + subparagraph: + (I) Commerce.--The terms + ``commerce'' and ``industry or activity + affecting commerce'' mean any activity, + business, or industry in commerce or in + which a labor dispute would hinder or + obstruct commerce or the free flow of + commerce, and include ``commerce'' and + any ``industry affecting commerce'', as + defined in paragraphs (1) and (3) of + section 501 of the Labor Management + Relations Act, 1947 (29 U.S.C. 142 (1) + and (3)). + (II) Employee.--The term + ``employee'' has the same meaning given + such term in section 3(e) of the Fair + Labor Standards Act of 1938 (29 U.S.C. + 203(e)). + (III) Person.--The term ``person'' + has the same meaning given such term in + section 3(a) of the Fair Labor + Standards Act of 1938 (29 U.S.C. + 203(a)). + (C) Predecessors.--Any reference in this paragraph + to an employer shall include a reference to any + predecessor of such employer. + (6) Employment benefits.--The term ``employment benefits'' + means all benefits provided or made available to employees by + an employer, including group life insurance, health insurance, + disability insurance, sick leave, annual leave, educational + benefits, and pensions, regardless of whether such benefits are + provided by a practice or written policy of an employer or + through an ``employee benefit plan'', as defined in section + 3(3) of the Employee Retirement Income Security Act of 1974 (29 + U.S.C. 1002(3)). + (7) Health care provider.--The term ``health care + provider'' means a provider who-- + (A)(i) is a doctor of medicine or osteopathy who is + authorized to practice medicine or surgery (as + appropriate) by the State in which the doctor + practices; or + (ii) is any other person determined by the + Secretary to be capable of providing health care + services; and + (B) is not employed by an employer for whom the + provider issues certification under this Act. + (8) Paid sick time.--The term ``paid sick time'' means an + increment of compensated leave that-- + (A) can be-- + (i) earned by an employee for use during an + absence from employment for a reason described + in any paragraph of section 3(b); or + (ii) provided by an employer during a + public health emergency for use during an + absence from employment for a reason described + in any paragraph of section 3(b); and + (B) is compensated at a rate that is not less than + the greatest of-- + (i) the employee's regular rate of pay; + (ii) the minimum wage rate provided for in + section 6(a)(1) of the Fair Labor Standards Act + of 1938 (29 U.S.C. 206(a)(1)); or + (iii) the minimum wage rate provided for in + the applicable State or local law for the State + or locality in which the employee is employed. + (9) Parent.--The term ``parent'' means a biological, + foster, or adoptive parent of an employee, a stepparent of an + employee, parent-in-law, parent of a domestic partner, or a + legal guardian or other person who stood in loco parentis to an + employee when the employee was a child. + (10) Public health emergency.--The term ``public health + emergency'' means a public health emergency-- + (A) declared by the Secretary of Health and Human + Services for a jurisdiction, or by a State public + health official with authority to declare such an + emergency for the State or jurisdiction within the + State; and + (B) due to a public health condition that is-- + (i) emergent and acute; and + (ii) not a longstanding, chronic public + health condition. + (11) Secretary.--The term ``Secretary'' means the Secretary + of Labor. + (12) Sexual assault.--The term ``sexual assault'' has the + meaning given the term in section 40002(a) of the Violence + Against Women Act of 1994 (34 U.S.C. 12291(a)). + (13) Spouse.--The term ``spouse'', with respect to an + employee, has the meaning given such term by the marriage laws + of the State in which the marriage was celebrated. + (14) Stalking.--The term ``stalking'' has the meaning given + the term in section 40002(a) of the Violence Against Women Act + of 1994 (34 U.S.C. 12291(a)). + (15) State.--The term ``State'' has the meaning given the + term in section 3 of the Fair Labor Standards Act of 1938 (29 + U.S.C. 203). + (16) Victim services organization.--The term ``victim + services organization'' means a nonprofit, nongovernmental + organization that provides assistance to victims of domestic + violence, sexual assault, or stalking or advocates for such + victims, including a rape crisis center, an organization + carrying out a domestic violence, sexual assault, or stalking + prevention or treatment program, an organization operating a + shelter or providing counseling services, or a legal services + organization or other organization providing assistance through + the legal process. + +SEC. 103. PAID SICK TIME. + + (a) Earning of Paid Sick Time.-- + (1) In general.-- + (A) Earning.--Subject to subsection (c) and + paragraph (2), an employer shall provide each employee + employed by the employer not less than 1 hour of earned + paid sick time for every 30 hours worked, to be used as + described in subsection (b). + (B) Limit.--An employer shall not be required to + permit an employee to earn, under this subsection, more + than 56 hours of paid sick time in a year, unless the + employer chooses to set a higher limit. + (2) Exempt employees.-- + (A) In general.--Except as provided in paragraph + (3), for purposes of this subsection, an employee who + is exempt from overtime requirements under section + 13(a)(1) of the Fair Labor Standards Act of 1938 (29 + U.S.C. 213(a)(1)) shall be assumed to work 40 hours in + each workweek. + (B) Shorter normal workweek.--If the normal + workweek of such an employee is less than 40 hours, the + employee shall earn paid sick time under this + subsection based upon that normal workweek. + (3) Dates for beginning to earn paid sick time and use.-- + (A) In general.--Employees shall begin to earn paid + sick time under this subsection at the commencement of + their employment. An employee shall be entitled to use + the earned paid sick time beginning on the 60th + calendar day following commencement of the employee's + employment. After that 60th calendar day, the employee + may use the paid sick time as the time is earned. An + employer may, at the discretion of the employer, loan + paid sick time to an employee for use by such employee + in advance of the employee earning such sick time as + provided in this subsection and may permit use before + the 60th day of employment. + (B) Public health emergency.--Subparagraph (A) + shall not apply with respect to additional paid sick + time provided under subsection (c). In the event of a + public health emergency, an employee may immediately + use the additional or accrued paid sick time described + in subsection (c), regardless of how long the employee + has been employed by an employer. + (4) Carryover.-- + (A) In general.--Except as provided in subparagraph + (B), paid sick time earned under this subsection shall + carry over from 1 year to the next. + (B) Construction.--This subsection shall not be + construed to require an employer to permit an employee + to earn more than 56 hours of earned paid sick time at + a given time. + (5) Employers with existing policies.--Any employer with a + paid leave policy who makes available an amount of paid leave + that is sufficient to meet the requirements of this subsection + and that may be used for the same purposes and under the same + conditions as the purposes and conditions outlined in + subsection (b) shall not be required to permit an employee to + earn more paid sick time under this subsection. + (6) Construction.--Nothing in this section shall be + construed as requiring financial or other reimbursement to an + employee from an employer upon the employee's termination, + resignation, retirement, or other separation from employment + for earned paid sick time that has not been used. + (7) Employment under multiemployer bargaining agreements.-- + (A) An employer signatory to a multiemployer + collective bargaining agreement may fulfill its + obligations under this Act by making contributions to a + multiemployer fund, plan or program based on the hours + each of its employees accrues pursuant to this + subsection (a) while working under the multiemployer + collective bargaining agreement, provided that the + fund, plan or program enables employees to secure pay + from such fund, plan or program based on hours they + have worked under the multiemployer collective + bargaining agreement and for the uses specified under + subsections (b)(1), (2), (6) and (7). + (B) Employees who work under a multiemployer + collective bargaining agreement into which their + employers make contributions as provided in + subparagraph (A) may secure pay from such fund, plan or + program based on hours they have worked under the + multiemployer collective bargaining agreement for the + uses specified under subsections (b)(1), (2), (6) and + (7). + (8) Reinstatement.--If an employee is separated from + employment with an employer and is rehired, within 12 months + after that separation, by the same employer, the employer shall + reinstate the employee's previously earned paid sick time under + this subsection. The employee shall be entitled to use the + earned paid sick time and earn more paid sick time at the + recommencement of employment with the employer. + (9) Prohibition.--An employer may not require, as a + condition of providing paid sick time under this Act, that the + employee involved search for or find a replacement employee to + cover the hours during which the employee is using paid sick + time. + (10) Scheduling.--An employee shall make a reasonable + effort to schedule a period of accrued paid sick time under + this subsection in a manner that does not unduly disrupt the + operations of the employer. + (b) Uses.--Paid sick time under this section may be used by an +employee for any of the following: + (1) An absence resulting from a physical or mental illness, + injury, or medical condition of the employee. + (2) An absence resulting from obtaining professional + medical diagnosis or care, or preventive medical care, for the + employee. + (3) An absence resulting from the closure of an employee's + place of employment by order of a Federal or State public + official with jurisdiction, or at the employer's discretion, + due to a public health emergency. + (4) An absence because a Federal or State public official + with jurisdiction or a health care provider has determined that + the employee's presence in the community may jeopardize the + health of others because of the employee's exposure to a + communicable disease during a public health emergency, + regardless of whether the employee has actually contracted the + communicable disease. + (5) An absence for the purpose of caring for a child, a + parent, a spouse, a domestic partner, or any other individual + related by blood or affinity whose close association with the + employee is the equivalent of a family relationship-- + (A) who is a child, if the child's school or place + of care has been closed by order of a Federal or State + public official with jurisdiction or at the discretion + of the school or place of care due to a public health + emergency, including if a school or entity operating + the place of care is physically closed but is providing + education or care to the child remotely; or + (B) because a Federal or State public official with + jurisdiction or a health care provider has determined + that the presence in the community of the person + receiving care may jeopardize the health of others + because of the person's exposure to a communicable + disease during a public health emergency, regardless of + whether the person has actually contracted the + communicable disease. + (6) An absence for the purpose of caring for a child, a + parent, a spouse, a domestic partner, or any other individual + related by blood or affinity whose close association with the + employee is the equivalent of a family relationship-- + (A) who has any of the conditions or needs for + diagnosis or care described in paragraph (1) or (2); + (B) who is a child, if the employee is required to + attend a school meeting or a meeting at a place where + the child is receiving care necessitated by the child's + health condition or disability; or + (C) who is otherwise in need of care. + (7) An absence resulting from domestic violence, sexual + assault, or stalking, if the time is to-- + (A) seek medical attention for the employee or the + employee's child, parent, spouse, domestic partner, or + an individual related to the employee as described in + paragraph (6), to recover from physical or + psychological injury or disability caused by domestic + violence, sexual assault, or stalking; + (B) obtain or assist a related person described in + paragraph (6) in obtaining services from a victim + services organization; + (C) obtain or assist a related person described in + paragraph (6) in obtaining psychological or other + counseling; + (D) seek relocation; or + (E) take legal action, including preparing for or + participating in any civil or criminal legal proceeding + related to or resulting from domestic violence, sexual + assault, or stalking. + (c) Additional Paid Sick Time for Public Health Emergency.-- + (1) Additional paid sick time.--On the date of a + declaration of a public health emergency, an employer in the + jurisdiction involved shall provide each employee of the + employer in that jurisdiction with additional paid sick time, + in addition to any amount of paid sick time accrued by the + employee under subsection (a) (including paid leave referred to + in subsection (a)(4)). + (2) Amount of paid sick time.--In receiving additional paid + sick time under paragraph (1), the employee shall receive-- + (A) for a full-time salaried employee, a specified + amount of paid sick time that is sufficient to provide + the employee with 14 continuous days away from work + without a reduction in pay; and + (B) for a part-time or hourly employee, a specified + amount of paid sick time equal to the number of hours + that the employee was scheduled to work or, if not so + scheduled, regularly works in a 14-day period. + (3) Use of leave.--The additional sick time and accrued + sick time described in this subsection shall be available for + immediate use by the employee for the purposes described in any + paragraph of subsection (b) beginning on the date a public + health emergency is declared, regardless of how long the + employee has been employed by an employer. + (4) Sequencing.--During the public health emergency, an + employee may first use the additional sick time for those + purposes. The employee may then use the accrued sick time + during the public health emergency, or retain the accrued sick + time for use after the public health emergency. An employer may + not require an employee to use the accrued sick time, or any + other paid leave provided by the employer to the employee, + before using the additional sick time. + (5) Periods.--An employee may take the additional sick time + on the schedule that meets the employee's needs, consistent + with subsection (b), including taking the additional sick time + intermittently or on a reduced leave schedule, and an employer + may not require an employee to take the additional sick time in + a single period or on any other schedule specified by the + employer. + (6) Reimbursement for wages.-- + (A) Definition.--In this paragraph, the term + ``qualified employer'' means an employer who employs 50 + or fewer employees. + (B) Reimbursement.--A qualified employer of an + employee who uses additional paid sick time under this + subsection during a public health emergency shall be + reimbursed by the Secretary of the Treasury for the + wages paid to the employee for the period during which + the employee used the additional paid sick time. + (C) Process.--To be eligible to receive such + reimbursement, the qualified employer shall submit to + the Secretary of Labor an affidavit that attests that + the employer provided such additional paid sick time, + and related records showing the period of and wages + associated with the additional paid sick time. On the + Secretary's determination that the employer provided an + amount of such additional paid sick time to an + employee, the Secretary shall transmit the affidavit + and records to the Secretary of the Treasury, and that + Secretary shall provide timely reimbursement. + (d) Procedures.-- + (1) In general.--Paid sick time shall be provided upon the + oral or written request of an employee. Such request shall-- + (A) include the expected duration of the period of + such time; + (B) in a case in which the need for such period of + time is foreseeable at least 7 days in advance of such + period, be provided at least 7 days in advance of such + period; and + (C) otherwise, be provided as soon as practicable + after the employee is aware of the need for such + period. + (2) Certification in general.-- + (A) Provision.-- + (i) In general.--Subject to subparagraphs + (C) and (D), an employer may require that a + request for paid sick time under this section + for a purpose described in paragraph (1), (2), + or (6) of subsection (b) be supported by a + certification issued by the health care + provider of the eligible employee or of an + individual described in subsection (b)(6), as + appropriate, if the period of such time covers + more than 3 consecutive workdays. + (ii) Timeliness.--The employee shall + provide a copy of such certification to the + employer in a timely manner, not later than 30 + days after the first day of the period of time. + The employer shall not delay the commencement + of the period of time on the basis that the + employer has not yet received the + certification. + (B) Sufficient certification.-- + (i) In general.--A certification provided + under subparagraph (A) shall be sufficient if + it states-- + (I) the date on which the period of + time will be needed; + (II) the probable duration of the + period of time; + (III) the appropriate medical facts + within the knowledge of the health care + provider regarding the condition + involved, subject to clause (ii); and + (IV)(aa) for purposes of paid sick + time under subsection (b)(1), a + statement that absence from work is + medically necessary; + (bb) for purposes of such time + under subsection (b)(2), the dates on + which testing for a medical diagnosis + or care is expected to be given and the + duration of such testing or care; and + (cc) for purposes of such time + under subsection (b)(6), in the case of + time to care for someone who is not a + child, a statement that care is needed + for an individual described in such + subsection, and an estimate of the + amount of time that such care is needed + for such individual. + (ii) Limitation.--In issuing a + certification under subparagraph (A), a health + care provider shall make reasonable efforts to + limit the medical facts described in clause + (i)(III) that are disclosed in the + certification to the minimum necessary to + establish a need for the employee to utilize + paid sick time. + (C) Public health emergencies.--No certification or + other documentation may be required under this Act by + an employer during any public health emergency. + (D) Regulations.--Regulations prescribed under + section 12 shall specify the manner in which an + employee who does not have health insurance shall + provide a certification for purposes of this paragraph. + (E) Confidentiality and nondisclosure.-- + (i) Protected health information.--Nothing + in this Act shall be construed to require a + health care provider to disclose information in + violation of section 1177 of the Social + Security Act (42 U.S.C. 1320d-6) or the + regulations promulgated pursuant to section + 264(c) of the Health Insurance Portability and + Accountability Act of 1996 (42 U.S.C. 1320d-2 + note). + (ii) Health information records.--If an + employer possesses health information about an + employee or an employee's child, parent, + spouse, domestic partner, or an individual + related to the employee as described in + subsection (b)(6), such information shall-- + (I) be maintained on a separate + form and in a separate file from other + personnel information; + (II) be treated as a confidential + medical record; and + (III) not be disclosed except to + the affected employee or with the + permission of the affected employee. + (3) Certification in the case of domestic violence, sexual + assault, or stalking.-- + (A) In general.--An employer may require that a + request for paid sick time under this section for a + purpose described in subsection (b)(7) be supported by + any one of the following forms of documentation, but + the employer may not specify the particular form of + documentation to be provided: + (i) A police report indicating that the + employee, or a member of the employee's family + described in subsection (b)(7), was a victim of + domestic violence, sexual assault, or stalking. + (ii) A court order protecting or separating + the employee or a member of the employee's + family described in subsection (b)(7) from the + perpetrator of an act of domestic violence, + sexual assault, or stalking, or other evidence + from the court or prosecuting attorney that the + employee or a member of the employee's family + described in subsection (b)(7) has appeared in + court or is scheduled to appear in court in a + proceeding related to domestic violence, sexual + assault, or stalking. + (iii) Other documentation signed by an + employee or volunteer working for a victim + services organization, an attorney, a police + officer, a medical professional, a social + worker, an antiviolence counselor, or a member + of the clergy, affirming that the employee or a + member of the employee's family described in + subsection (b)(7) is a victim of domestic + violence, sexual assault, or stalking. + (B) Requirements.--The requirements of paragraph + (2) shall apply to certifications under this paragraph, + except that-- + (i) subclauses (III) and (IV) of + subparagraph (B)(i) and subparagraph (B)(ii) of + such paragraph shall not apply; + (ii) the certification shall state the + reason that the leave is required with the + facts to be disclosed limited to the minimum + necessary to establish a need for the employee + to be absent from work, and the employee shall + not be required to explain the details of the + domestic violence, sexual assault, or stalking + involved; and + (iii) with respect to confidentiality under + subparagraph (E) of such paragraph, any + information provided to the employer under this + paragraph shall be confidential, except to the + extent that any disclosure of such information + is-- + (I) requested or consented to in + writing by the employee; or + (II) otherwise required by + applicable Federal or State law. + +SEC. 104. NOTICE REQUIREMENT. + + (a) In General.--Each employer shall notify each employee and +include in any employee handbook the information described in +paragraphs (1) through (4). Each employer shall post and keep posted a +notice, to be prepared or approved in accordance with procedures +specified in regulations prescribed under section 12, setting forth +excerpts from, or summaries of, the pertinent provisions of this Act +including-- + (1) information describing paid sick time available to + employees under this Act; + (2) information pertaining to the filing of an action under + this Act; + (3) the details of the notice requirement for a foreseeable + period of time under section 5(e)(1)(B); and + (4) information that describes-- + (A) the protections that an employee has in + exercising rights under this Act; and + (B) how the employee can contact the Secretary (or + other appropriate authority as described in section 6) + if any of the rights are violated. + (b) Location.--The notice described under subsection (a) shall be +posted-- + (1) in conspicuous places on the premises of the employer, + where notices to employees (including applicants) are + customarily posted; or + (2) in employee handbooks. + (c) Violation; Penalty.--Any employer who willfully violates the +posting requirements of this section shall be subject to a civil fine +in an amount not to exceed $100 for each separate offense. + +SEC. 105. PROHIBITED ACTS. + + (a) Interference With Rights.-- + (1) Exercise of rights.--It shall be unlawful for any + employer to interfere with, restrain, or deny the exercise of, + or the attempt to exercise, any right provided under this Act, + including-- + (A) discharging or discriminating against + (including retaliating against) any individual, + including a job applicant, for exercising, or + attempting to exercise, any right provided under this + Act; + (B) using the taking of paid sick time under this + Act as a negative factor in an employment action, such + as hiring, promotion, reducing hours or number of + shifts, or a disciplinary action; or + (C) counting the paid sick time under a no-fault + attendance policy or any other absence control policy. + (2) Discrimination.--It shall be unlawful for any employer + to discharge or in any other manner discriminate against + (including retaliating against) any individual, including a job + applicant, for opposing any practice made unlawful by this Act. + (b) Interference With Proceedings or Inquiries.--It shall be +unlawful for any person to discharge or in any other manner +discriminate against (including retaliating against) any individual, +including a job applicant, because such individual-- + (1) has filed an action, or has instituted or caused to be + instituted any proceeding, under or related to this Act; + (2) has given, or is about to give, any information in + connection with any inquiry or proceeding relating to any right + provided under this Act; or + (3) has testified, or is about to testify, in any inquiry + or proceeding relating to any right provided under this Act. + (c) Construction.--Nothing in this section shall be construed to +state or imply that the scope of the activities prohibited by section +105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) is +less than the scope of the activities prohibited by this section. + +SEC. 106. ENFORCEMENT AUTHORITY. + + (a) In General.-- + (1) Definition.--In this subsection-- + (A) the term ``employee'' means an employee + described in subparagraph (A) or (B) of section 2(4); + and + (B) the term ``employer'' means an employer + described in subclause (I) or (II) of section + 2(5)(A)(i). + (2) Investigative authority.-- + (A) In general.--To ensure compliance with the + provisions of this Act, or any regulation or order + issued under this Act, the Secretary shall have, + subject to subparagraph (C), the investigative + authority provided under section 11(a) of the Fair + Labor Standards Act of 1938 (29 U.S.C. 211(a)), with + respect to employers, employees, and other individuals + affected. + (B) Obligation to keep and preserve records.--An + employer shall make, keep, and preserve records + pertaining to compliance with this Act in accordance + with section 11(c) of the Fair Labor Standards Act of + 1938 (29 U.S.C. 211(c)) and in accordance with + regulations prescribed by the Secretary. + (C) Required submissions generally limited to an + annual basis.--The Secretary shall not require, under + the authority of this paragraph, an employer to submit + to the Secretary any books or records more than once + during any 12-month period, unless the Secretary has + reasonable cause to believe there may exist a violation + of this Act or any regulation or order issued pursuant + to this Act, or is investigating a charge pursuant to + paragraph (4). + (D) Subpoena authority.--For the purposes of any + investigation provided for in this paragraph, the + Secretary shall have the subpoena authority provided + for under section 9 of the Fair Labor Standards Act of + 1938 (29 U.S.C. 209). + (3) Civil action by employees or individuals.-- + (A) Right of action.--An action to recover the + damages or equitable relief prescribed in subparagraph + (B) may be maintained against any employer in any + Federal or State court of competent jurisdiction by one + or more employees or individuals or their + representative for and on behalf of-- + (i) the employees or individuals; or + (ii) the employees or individuals and + others similarly situated. + (B) Liability.--Any employer who violates section 5 + (including a violation relating to rights provided + under section 3) shall be liable to any employee or + individual affected-- + (i) for damages equal to-- + (I) the amount of-- + (aa) any wages, salary, + employment benefits, or other + compensation denied or lost by + reason of the violation; or + (bb) in a case in which + wages, salary, employment + benefits, or other compensation + have not been denied or lost, + any actual monetary losses + sustained as a direct result of + the violation up to a sum equal + to 56 hours of wages or salary + for the employee or individual, + or the specified period + described in section 3(c)(3), + or a combination of those hours + and that period, as the case + may be; + (II) the interest on the amount + described in subclause (I) calculated + at the prevailing rate; and + (III) an additional amount as + liquidated damages; and + (ii) for such equitable relief as may be + appropriate, including employment, + reinstatement, and promotion. + (C) Fees and costs.--The court in an action under + this paragraph shall, in addition to any judgment + awarded to the plaintiff, allow a reasonable attorney's + fee, reasonable expert witness fees, and other costs of + the action to be paid by the defendant. + (4) Action by the secretary.-- + (A) Administrative action.--The Secretary shall + receive, investigate, and attempt to resolve complaints + of violations of section 5 (including a violation + relating to rights provided under section 3) in the + same manner that the Secretary receives, investigates, + and attempts to resolve complaints of violations of + sections 6 and 7 of the Fair Labor Standards Act of + 1938 (29 U.S.C. 206 and 207). + (B) Civil action.--The Secretary may bring an + action in any court of competent jurisdiction to + recover the damages described in paragraph (3)(B)(i). + (C) Sums recovered.--Any sums recovered by the + Secretary pursuant to subparagraph (B) shall be held in + a special deposit account and shall be paid, on order + of the Secretary, directly to each employee or + individual affected. Any such sums not paid to an + employee or individual affected because of inability to + do so within a period of 3 years shall be deposited + into the Treasury of the United States as miscellaneous + receipts. + (5) Limitation.-- + (A) In general.--Except as provided in subparagraph + (B), an action may be brought under paragraph (3), (4), + or (6) not later than 2 years after the date of the + last event constituting the alleged violation for which + the action is brought. + (B) Willful violation.--In the case of an action + brought for a willful violation of section 5 (including + a willful violation relating to rights provided under + section 3), such action may be brought within 3 years + of the date of the last event constituting the alleged + violation for which such action is brought. + (C) Commencement.--In determining when an action is + commenced under paragraph (3), (4), or (6) for the + purposes of this paragraph, it shall be considered to + be commenced on the date when the complaint is filed. + (6) Action for injunction by secretary.--The district + courts of the United States shall have jurisdiction, for cause + shown, in an action brought by the Secretary-- + (A) to restrain violations of section 5 (including + a violation relating to rights provided under section + 3), including the restraint of any withholding of + payment of wages, salary, employment benefits, or other + compensation, plus interest, found by the court to be + due to employees or individuals eligible under this + Act; or + (B) to award such other equitable relief as may be + appropriate, including employment, reinstatement, and + promotion. + (7) Solicitor of labor.--The Solicitor of Labor may appear + for and represent the Secretary on any litigation brought under + paragraph (4) or (6). + (8) Government accountability office and library of + congress.--Notwithstanding any other provision of this + subsection, in the case of the Government Accountability Office + and the Library of Congress, the authority of the Secretary of + Labor under this subsection shall be exercised respectively by + the Comptroller General of the United States and the Librarian + of Congress. + (b) Employees Covered by Congressional Accountability Act of +1995.--The powers, remedies, and procedures provided in the +Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the +Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any +person, alleging a violation of subsection (a)(1) of section 202 of +that Act (2 U.S.C. 1312) shall be the powers, remedies, and procedures +this Act provides to that Board, or any person, alleging an unlawful +employment practice in violation of this Act against an employee +described in section 2(4)(C). + (c) Employees Covered by Chapter 5 of Title 3, United States +Code.--The powers, remedies, and procedures provided in chapter 5 of +title 3, United States Code, to the President, the Merit Systems +Protection Board, or any person, alleging a violation of section +412(a)(1) of that title, shall be the powers, remedies, and procedures +this Act provides to the President, that Board, or any person, +respectively, alleging an unlawful employment practice in violation of +this Act against an employee described in section 2(4)(D). + (d) Employees Covered by Chapter 63 of Title 5, United States +Code.--The powers, remedies, and procedures provided in title 5, United +States Code, to an employing agency, provided in chapter 12 of that +title to the Merit Systems Protection Board, or provided in that title +to any person, alleging a violation of chapter 63 of that title shall +be the powers, remedies, and procedures this Act provides to that +agency, that Board, or any person, respectively, alleging an unlawful +employment practice in violation of this Act against an employee +described in section 2(4)(E). + (e) Remedies for State Employees.-- + (1) Waiver of sovereign immunity.--A State's receipt or use + of Federal financial assistance for any program or activity of + a State shall constitute a waiver of sovereign immunity, under + the 11th Amendment to the Constitution or otherwise, to a suit + brought by an employee of that program or activity under this + Act for equitable, legal, or other relief authorized under this + Act. + (2) Official capacity.--An official of a State may be sued + in the official capacity of the official by any employee who + has complied with the procedures under subsection (a)(3), for + injunctive relief that is authorized under this Act. In such a + suit the court may award to the prevailing party those costs + authorized by section 722 of the Revised Statutes (42 U.S.C. + 1988). + (3) Applicability.--With respect to a particular program or + activity, paragraph (1) applies to conduct occurring on or + after the day, after the date of enactment of this Act, on + which a State first receives or uses Federal financial + assistance for that program or activity. + (4) Definition of program or activity.--In this subsection, + the term ``program or activity'' has the meaning given the term + in section 606 of the Civil Rights Act of 1964 (42 U.S.C. + 2000d-4a). + +SEC. 107. EDUCATION AND OUTREACH. + + The Secretary may conduct a public awareness campaign to educate +and inform the public of the requirements for paid sick time required +by this Act. + +SEC. 108. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY. + + (a) Compilation of Information.--The Commissioner of Labor +Statistics shall annually compile information on the following: + (1) The amount of paid sick time available to employees by + occupation and type of employment establishment. + (2) An estimate of the average sick time used by employees + according to occupation and the type of employment + establishment. + (b) GAO Study.--Not later than 5 years after the date of enactment +of this Act, the Comptroller General of the United States shall conduct +a study to evaluate the implementation of this Act. Such study shall +include an estimation of employees' access to paid sick time, +employees' awareness of their rights under this Act, and employers' +experiences complying with this Act. Such study shall take into account +access, awareness and experiences of employees by race, ethnicity, +gender, and occupation. + (c) Report.--Upon completion of the study required by subsection +(b), the Comptroller General of the United States shall prepare and +submit a report to the appropriate committees of Congress concerning +the results of the study and the information compiled pursuant to +subsection (a). + +SEC. 109. EFFECT ON OTHER LAWS. + + (a) Federal and State Antidiscrimination Laws.--Nothing in this Act +shall be construed to modify or affect any Federal or State law +prohibiting discrimination on the basis of race, religion, color, +national origin, sex, age, disability, sexual orientation, gender +identity, marital status, familial status, or any other protected +status. + (b) State and Local Laws.--Nothing in this Act shall be construed +to supersede (including preempting) any provision of any State or local +law that provides greater paid sick time or leave rights (including +greater amounts of paid sick time or leave, or greater coverage of +those eligible for paid sick time or leave) than the rights established +under this Act. + +SEC. 110. EFFECT ON EXISTING EMPLOYMENT BENEFITS. + + (a) More Protective.--Nothing in this Act shall be construed to +diminish the obligation of an employer to comply with any contract, +collective bargaining agreement, or any employment benefit program or +plan that provides greater paid sick leave or other leave rights to +employees or individuals than the rights established under this Act. + (b) Less Protective.--The rights established for employees under +this Act shall not be diminished by any contract, collective bargaining +agreement, or any employment benefit program or plan. + +SEC. 111. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES. + + Nothing in this Act shall be construed to discourage employers from +adopting or retaining leave policies more generous than policies that +comply with the requirements of this Act. + +SEC. 112. REGULATIONS. + + (a) In General.-- + (1) Authority.--Except as provided in paragraph (2) and + subject to subsection (e), not later than 180 days after the + date of enactment of this Act, the Secretary shall prescribe + such regulations as are necessary to carry out this Act with + respect to employees described in subparagraph (A) or (B) of + section 2(4) and other individuals affected by employers + described in subclause (I) or (II) of section 2(5)(A)(i). + (2) Government accountability office; library of + congress.--Subject to subsection (e), the Comptroller General + of the United States and the Librarian of Congress shall + prescribe the regulations with respect to employees of the + Government Accountability Office and the Library of Congress, + respectively, and other individuals affected by the Comptroller + General of the United States and the Librarian of Congress, + respectively. + (b) Employees Covered by Congressional Accountability Act of +1995.-- + (1) Authority.--Subject to subsection (e), not later than + 90 days after the Secretary prescribes regulations under + subsection (a), the Board of Directors of the Office of + Compliance shall prescribe (in accordance with section 304 of + the Congressional Accountability Act of 1995 (2 U.S.C. 1384)) + such regulations as are necessary to carry out this Act with + respect to employees described in section 2(4)(C) and other + individuals affected by employers described in section + 2(5)(A)(i)(III). + (2) Agency regulations.--The regulations prescribed under + paragraph (1) shall be the same as substantive regulations + promulgated by the Secretary to carry out this Act except + insofar as the Board may determine, for good cause shown and + stated together with the regulations prescribed under paragraph + (1), that a modification of such regulations would be more + effective for the implementation of the rights and protections + involved under this section. + (c) Employees Covered by Chapter 5 of Title 3, United States +Code.-- + (1) Authority.--Subject to subsection (e), not later than + 90 days after the Secretary prescribes regulations under + subsection (a), the President (or the designee of the + President) shall prescribe such regulations as are necessary to + carry out this Act with respect to employees described in + section 2(4)(D) and other individuals affected by employers + described in section 2(5)(A)(i)(IV). + (2) Agency regulations.--The regulations prescribed under + paragraph (1) shall be the same as substantive regulations + promulgated by the Secretary to carry out this Act except + insofar as the President (or designee) may determine, for good + cause shown and stated together with the regulations prescribed + under paragraph (1), that a modification of such regulations + would be more effective for the implementation of the rights + and protections involved under this section. + (d) Employees Covered by Chapter 63 of Title 5, United States +Code.-- + (1) Authority.--Subject to subsection (e), not later than + 90 days after the Secretary prescribes regulations under + subsection (a), the Director of the Office of Personnel + Management shall prescribe such regulations as are necessary to + carry out this Act with respect to employees described in + section 2(4)(E) and other individuals affected by employers + described in section 2(5)(A)(i)(V). + (2) Agency regulations.--The regulations prescribed under + paragraph (1) shall be the same as substantive regulations + promulgated by the Secretary to carry out this Act except + insofar as the Director may determine, for good cause shown and + stated together with the regulations prescribed under paragraph + (1), that a modification of such regulations would be more + effective for the implementation of the rights and protections + involved under this section. + (e) Immediate Compliance.--The rights and responsibilities +specified in this Act shall take effect on the date of enactment of +this Act and employers and other persons subject to those +responsibilities shall comply immediately, without regard whether +regulations have been prescribed under this section. + +SEC. 113. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated to carry out this Act such +sums as may be necessary for fiscal year 2020 and each subsequent +fiscal year. + +SEC. 114. EFFECTIVE DATES. + + (a) In General.--This Act takes effect on the date of enactment of +this Act. + (b) Previous Declarations.--If a public health emergency was +declared before and remains in effect on the date of enactment of this +Act, for purposes of this Act (and in particular section 3(c) of this +Act) the public health emergency shall be considered to have been +declared on the date of enactment of this Act. + + DIVISION G--HEALTH PROVISIONS + +SEC. 101. COVERAGE OF TESTING FOR COVID-19. + + (a) In General.--A group health plan and a health insurance issuer +offering group or individual health insurance coverage (including a +grandfathered health plan (as defined in section 1251(e) of the Patient +Protection and Affordable Care Act)) shall provide coverage, and shall +not impose any cost sharing (including deductibles, copayments, and +coinsurance) requirements or prior authorization or other medical +management requirements, for the following items and services furnished +during any portion of the emergency period defined in paragraph (1)(B) +of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) +beginning on or after the date of the enactment of this Act: + (1) In vitro diagnostic products (as defined in section + 809.3(a) of title 21, Code of Federal Regulations) for the + detection of SARS-CoV-2 or the diagnosis of the virus that + causes COVID-19 that are approved, cleared, or authorized under + section 510(k), 513, 515 or 564 of the Federal Food, Drug, and + Cosmetic Act, and the administration of such in vitro + diagnostic products. + (2) Health care provider office visits, urgent care center + visits, and emergency room visits that result in an order for + or administration of an in vitro diagnostic product described + in paragraph (1). + (b) Enforcement.--The provisions of subsection (a) shall be applied +by the Secretary of Health and Human Services, Secretary of Labor, and +Secretary of the Treasury to group health plans and health insurance +issuers offering group or individual health insurance coverage as if +included in the provisions of part A of title XXVII of the Public +Health Service Act, part 7 of the Employee Retirement Income Security +Act of 1974, and subchapter B of chapter 100 of the Internal Revenue +Code of 1986, as applicable. + (c) Implementation.--The Secretary of Health and Human Services, +Secretary of Labor, and Secretary of the Treasury may implement the +provisions of this section through sub-regulatory guidance, program +instruction or otherwise. + (d) Terms.--The terms ``group health plan''; ``health insurance +issuer''; ``group health insurance coverage'', and ``individual health +insurance coverage'' have the meanings given such terms in section 2791 +of the Public Health Service Act (42 U.S.C. 300gg-91), section 733 of +the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b), +and section 9832 of the Internal Revenue Code of 1986, as applicable. + +SEC. 102. WAIVING COST SHARING UNDER THE MEDICARE PROGRAM FOR CERTAIN + VISITS RELATING TO TESTING FOR COVID-19. + + (a) In General.--Section 1833 of the Social Security Act (42 U.S.C. +1395l) is amended-- + (1) in subsection (a)(1)-- + (A) by striking ``and'' before ``(CC)''; and + (B) by inserting before the period at the end the + following: ``, and (DD) with respect to a specified + COVID-19 testing-related service described in paragraph + (1) of subsection (cc) for which payment may be made + under a specified outpatient payment provision + described in paragraph (2) of such subsection, the + amounts paid shall be 100 percent of the payment amount + otherwise recognized under such respective specified + outpatient payment provision for such service,''; + (2) in subsection (b), in the first sentence-- + (A) by striking ``and'' before ``(10)''; and + (B) by inserting before the period at the end the + following: ``, and (11) such deductible shall not apply + with respect to any specified COVID-19 testing-related + service described in paragraph (1) of subsection (cc) + for which payment may be made under a specified + outpatient payment provision described in paragraph (2) + of such subsection''; and + (3) by adding at the end the following new subsection: + ``(cc) Specified COVID-19 Testing-related Services.--For purposes +of subsection (a)(1)(DD): + ``(1) Description.-- + ``(A) In general.--A specified COVID-19 testing- + related service described in this paragraph is a + medical visit that-- + ``(i) is in any of the categories of HCPCS + evaluation and management service codes + described in subparagraph (B); + ``(ii) is furnished during any portion of + the emergency period (as defined in section + 1135(g)(1)(B) (beginning on or after the date + of the date of the enactment of this + subsection); and + ``(iii) results in an order for or + administration of a diagnostic test described + in section 1852(a)(1)(B)(iv)(IV). + ``(B) Categories of hcpcs codes.--For purposes of + subparagraph (A), the categories of HCPCS evaluation + and management services codes are the following: + ``(i) Office and other outpatient services. + ``(ii) Hospital observation services. + ``(iii) Emergency department services. + ``(iv) Nursing facility services. + ``(v) Domiciliary, rest home, or custodial + care services. + ``(vi) Home services. + ``(2) Specified outpatient payment provision.--A specified + outpatient payment provision described in this paragraph is any + of the following: + ``(A) The hospital outpatient prospective payment + system under subsection (t). + ``(B) The physician fee schedule under section + 1848. + ``(C) The prospective payment system developed + under section 1834(o). + ``(D) Section 1834(g), with respect to an + outpatient critical access hospital service. + ``(E) The payment basis determined in regulations + pursuant to section 1833(a)(3) for rural health clinic + services.''. + (b) Claims Modifier.--The Secretary of Health and Human Services +shall provide for an appropriate modifier (or other identifier) to +include on claims to identify, for purposes of subparagraph (DD) of +section 1833(a)(1), as added by subsection (a), specified COVID-19 +testing-related services described in paragraph (1) of section 1833(cc) +of the Social Security Act, as added by subsection (a), for which +payment may be made under a specified outpatient payment provision +described in paragraph (2) of such subsection. + (c) Implementation.--Notwithstanding any other provision of law, +the Secretary of Health and Human Services may implement the provisions +of, including amendments made by, this section through program +instruction or otherwise. + +SECTION 103. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING UNDER + THE MEDICARE ADVANTAGE PROGRAM. + + (a) In General.--Section 1852(a)(1)(B) of the Social Security Act +(42 U.S.C. 1395w-22(a)(1)(B)) is amended-- + (1) in clause (iv)-- + (A) by redesignating subclause (IV) as subclause + (VI); and + (B) by inserting after subclause (III) the + following new subclauses: + ``(IV) Clinical diagnostic + laboratory test administered during any + portion of the emergency period defined + in paragraph (1)(B) of section 1135(g) + beginning on or after the date of the + enactment of the Families First + Coronavirus Response Act for the + detection of SARS-CoV-2 or the + diagnosis of the virus that causes + COVID-19 and the administration of such + test. + ``(V) Specified COVID-19 testing- + related services (as described in + section 1833(cc)(1)) for which payment + would be payable under a specified + outpatient payment provision described + in section 1833(cc)(2).''; + (2) in clause (v), by inserting ``, other than subclauses + (IV) and (V) of such clause,'' after ``clause (iv)''; and + (3) by adding at the end the following new clause: + ``(vi) Prohibition of application of + certain requirements for covid-19 testing.--In + the case of a product or service described in + subclause (IV) or (V), respectively, of clause + (iv) that is administered or furnished during + any portion of the emergency period described + in such subclause beginning on or after the + date of the enactment of this clause, an MA + plan may not impose any prior authorization or + other utilization management requirements with + respect to the coverage of such a product or + service under such plan.''. + (b) Implementation.--Notwithstanding any other provision of law, +the Secretary of Health and Human Services may implement the amendments +made by this section by program instruction or otherwise. + +SECTION 104. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER + MEDICAID AND CHIP. + + (a) Medicaid.-- + (1) In general.--Section 1905(a)(3) of the Social Security + Act (42 U.S.C. 1396d(a)(3)) is amended-- + (A) by striking ``other laboratory'' and inserting + ``(a) other laboratory''; + (B) by inserting ``and'' after the semicolon; and + (C) by adding at the end the following new + subparagraph: + ``(B) in vitro diagnostic products (as defined in section + 809.3(a) of title 21, Code of Federal Regulations) administered + during any portion of the emergency period defined in paragraph + (1)(B) of section 1135(g) beginning on or after the date of the + enactment of this subparagraph for the detection of SARS-CoV-2 + or the diagnosis of the virus that causes COVID-19 that are + approved, cleared, or authorized under section 510(k), 513, 515 + or 564 of the Federal Food, Drug, and Cosmetic Act, and the + administration of such in vitro diagnostic products;''. + (2) No cost sharing.-- + (A) In general.--Subsections (a)(2) and (b)(2) of + section 1916 of the Social Security Act (42 U.S.C. + 1396o) are each amended-- + (i) in subparagraph (D), by striking ``or'' + at the end; + (ii) in subparagraph (E), by striking ``; + and'' and inserting a comma; and + (iii) by adding at the end the following + new subparagraphs: + ``(F) any in vitro diagnostic product described in + section 1905(a)(3)(B) that is administered during any + portion of the emergency period described in such + section beginning on or after the date of the enactment + of this subparagraph (and the administration of such + product), or + ``(G) any medical visit for which payment may be + made under the State plan, that is furnished during any + such portion of such emergency period, and that relates + to testing for COVID-19; and''. + (B) Application to alternative cost sharing.-- + Section 1916A(b)(3)(B) of the Social Security Act (42 + U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the + end the following new clause: + ``(xi) Any in vitro diagnostic product + described in section 1905(a)(3)(B) that is + administered during any portion of the + emergency period described in such section + beginning on or after the date of the enactment + of this clause (and the administration of such + product) and any visit described in section + 1916(a)(2)(G) that is furnished during any such + portion.''. + (C) Clarification.--The amendments made this + paragraph shall apply with respect to a State plan of a + territory in the same manner as a State plan of one of + the 50 States. + (3) State option to provide coverage for uninsured + individuals.-- + (A) In general.--Section 1902(a)(10) of the Social + Security Act (42 U.S.C. 1396a(a)(10)) is amended-- + (i) in subparagraph (A)(ii)-- + (I) in subclause (XXI), by striking + ``or'' at the end; + (II) in subclause (XXII), by adding + ``or'' at the end; and + (III) by adding at the end the + following new subclause: + ``(XXIII) during any portion of the + emergency period defined in paragraph + (1)(B) of section 1135(g) beginning on + or after the date of the enactment of + this subclause, who are uninsured + individuals (as defined in subsection + (ss));''; and + (ii) in the matter following subparagraph + (G)-- + (I) by striking ``and (XVII)'' and + inserting ``, (XVII)''; and + (II) by inserting after ``instead + of through subclause (VIII)'' the + following: ``, and (XVIII) the medical + assistance made available to an + uninsured individual (as defined in + subsection (ss)) who is eligible for + medical assistance only because of + subparagraph (A)(ii)(XXIII) shall be + limited to medical assistance for any + in vitro diagnostic product described + in section 1905(a)(3)(B) that is + administered during any portion of the + emergency period described in such + section beginning on or after the date + of the enactment of this subclause (and + the administration of such product) and + any visit described in section + 1916(a)(2)(G) that is furnished during + any such portion''. + (B) Receipt and initial processing of applications + at certain locations.--Section 1902(a)(55) of the + Social Security Act (42 U.S.C. 1396a(a)(55)) is + amended, in the matter preceding subparagraph (A), by + striking ``or (a)(10)(A)(ii)(IX)'' and inserting + ``(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)''. + (C) Uninsured individual defined.--Section 1902 of + the Social Security Act (42 U.S.C. 1396a) is amended by + adding at the end the following new subsection: + ``(ss) Uninsured Individual Defined.--For purposes of this section, +the term `uninsured individual' means, notwithstanding any other +provision of this title, any individual who is-- + ``(1) not described in subsection (a)(10)(A)(i); and + ``(2) not enrolled in a Federal health care program (as + defined in section 1128B(f)), a group health plan, group or + individual health insurance coverage offered by a health + insurance issuer (as such terms are defined in section 2791 of + the Public Health Service Act), or a health plan offered under + chapter 89 of title 5, United States Code.''. + (D) Federal medical assistance percentage.--Section + 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) + is amended by adding at the end the following new + sentence: ``Notwithstanding the first sentence of this + section, the Federal medical assistance percentage + shall be 100 per centum with respect to (and, + notwithstanding any other provision of this title, + available for) medical assistance provided to uninsured + individuals (as defined in section 1902(ss)) who are + eligible for such assistance only on the basis of + section 1902(a)(10)(A)(ii)(XXIII) and with respect to + expenditures described in section 1903(a)(7) that a + State demonstrates to the satisfaction of the Secretary + are attributable to administrative costs related to + providing for such medical assistance to such + individuals under the State plan.''. + (b) CHIP.-- + (1) In general.--Section 2103(c) of the Social Security Act + (42 U.S.C. 1397cc(c)) is amended by adding at the end the + following paragraph: + ``(9) Certain in vitro diagnostic products for covid-19 + testing.--The child health assistance provided to a targeted + low-income child shall include coverage of any in vitro + diagnostic product described in section 1905(a)(3)(B) that is + administered during any portion of the emergency period + described in such section beginning on or after the date of the + enactment of this subparagraph (and the administration of such + product).''. + (2) Coverage for targeted low-income pregnant women.-- + Section 2112(b)(4) of the Social Security Act (42 U.S.C. + 1397ll(b)(4)) is amended by inserting ``under section 2103(c)'' + after ``same requirements''. + (3) Prohibition of cost sharing.--Section 2103(e)(2) of the + Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended-- + (A) in the paragraph header, by inserting ``, + covid-19 testing,'' before ``or pregnancy-related + assistance''; and + (B) by striking ``category of services described in + subsection (c)(1)(D) or'' and inserting ``categories of + services described in subsection (c)(1)(D), in vitro + diagnostic products described in subsection (c)(9) (and + administration of such products), visits described in + section 1916(a)(2)(G), or''. + +SEC. 105. LABORATORY REIMBURSEMENT FOR DIAGNOSTIC TESTING FOR COVID-19 + IN UNINSURED INDIVIDUALS. + + (a) Reimbursement.--Through the National Disaster Medical System +under section 2812 of the Public Health Service Act (42 U.S.C. 300hh- +11), and in coordination with the Administrator of the Centers for +Medicare & Medicaid Services, the Secretary of Health and Human +Services shall, subject to the availability of appropriations under +subsection (c), pay the claims of laboratories for reimbursement, as +described in subsection (a)(3)(D) of such section 2812, for health +services consisting of diagnostic testing to detect or diagnose COVID- +19 in uninsured individuals. The amount that will be paid shall be +equal to the amount that would have been paid to a physician or +laboratory under Clinical Laboratory Fee Schedule under section +1833(h)(8) of the Social Security Act. + (b) Definition.--In this section, the term ``uninsured individual'' +means an individual who is not enrolled in-- + (1) a Federal health care program (as defined under section + 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)); or + (2) a group health plan or health insurance coverage + offered by a health insurance issuer in the group or individual + market (as such terms are defined in section 2791 of the Public + Health Service Act (42 U.S.C. 300gg-91)) or a health plan + offered under chapter 89 of title 5, United States Code. + (c) Funding.--To carry out this section, there is authorized to be +appropriated, and there is hereby appropriated, out of amounts in the +Treasury not otherwise obligated, $1,000,000,000, to remain available +until expended. + +SEC. 106. TREATMENT OF PERSONAL RESPIRATORY PROTECTIVE DEVICES AS + COVERED COUNTERMEASURES. + + Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. +247d-6d(i)(1)) is amended-- + (1) in subparagraph (B), by striking ``or'' at the end; and + (2) in subparagraph (C), by striking the period at the end + and inserting ``; or''; and + (3) by adding at the end the following new subparagraph: + ``(D) a personal respiratory protective device that + is-- + ``(i) approved by the National Institute + for Occupational Safety and Health under part + 84 of title 42, Code of Federal Regulations (or + successor regulations); + ``(ii) subject to the emergency use + authorization issued by the Secretary on March + 2, 2020, or subsequent emergency use + authorizations, pursuant to section 564 of the + Federal Food, Drug, and Cosmetic Act + (authorizing emergency use of personal + respiratory protective devices during the + COVID-19 outbreak); and + ``(iii) used during the period beginning on + January 31, 2020, and ending on October 1, + 2024, in response to the public health + emergency declared on January 31, 2020, + pursuant to section 319 as a result of + confirmed cases of 2019 Novel Coronavirus + (2019-nCoV).''. + +SEC. 107. APPLICATION WITH RESPECT TO TRICARE, COVERAGE FOR VETERANS, + AND COVERAGE FOR FEDERAL CIVILIANS. + + (a) Tricare.--The Secretary of Defense may not require any +copayment or other cost sharing under chapter 55 of title 10, United +States Code, for in vitro diagnostic products described in paragraph +(1) of section 101(a) (or the administration of such products) or +visits described in paragraph (2) of such section furnished during any +portion of the emergency period defined in paragraph (1)(B) of section +1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) beginning on +or after the date of the enactment of this Act. + (b) Veterans.--The Secretary of Veterans Affairs may not require +any copayment or other cost sharing under chapter 17 of title 38, +United States Code, for in vitro diagnostic products described in +paragraph (1) of section 101(a) (or the adminsitration of such +products) or visits described in paragraph (2) of such section +furnished during any portion of the emergency period defined in +paragraph (1)(B) of section 1135(g) of the Social Security Act (42 +U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of +this Act. + (c) Federal Civilians.--No copayment or other cost sharing may be +required for any individual occupying a position in the civil service +(as that term is defined in section 2101(1) of title 5, United States +Code) enrolled in a health benefits plan, including any plan under +chapter 89 of title 5, United States Code, or for any other individual +currently enrolled in any plan under chapter 89 of title 5 for +diagnostic tests'' after ``including any plan under chapter 89 of title +5, United States Code), for in vitro diagnostic products described in +paragraph (1) of section 101(a) (or the administration of such +products) or visits described in paragraph (2) of such section +furnished during any portion of the emergency period defined in +paragraph (1)(B) of section 1135(g) of the Social Security Act (42 +U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of +this Act. + +SEC. 108. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING FOR + INDIANS RECEIVING CONTRACT HEALTH SERVICES. + + The Secretary of Health and Human Services shall cover, without the +imposition of any cost sharing requirements, the cost of providing any +COVID-19 related items and services as described in paragraph (1) of +section 101(a) (or the administration of such products) or visits +described in paragraph (2) of such section furnished during any portion +of the emergency period defined in paragraph (1)(B) of section 1135(g) +of the Social Security Act (42 U.S.C. 320b-5(g)) beginning on or after +the date of the enactment of this Act to Indians (as defined in section +4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) receiving +health services through the Indian Health Service, regardless of +whether such items or services have been authorized under the contract +health services system funded by the Indian Health Service or is +covered as a health service of the Indian Health Service. + +SEC. 109. TEMPORARY INCREASE OF MEDICAID FMAP. + + (a) In General.--Subject to subsection (b), for each calendar +quarter occurring during the period beginning on the first day of the +emergency period defined in paragraph (1)(B) of section 1135(g) of the +Social Security Act (42 U.S.C. 1320b-5(g)) and ending on the last day +of the calendar quarter in which the last day of such emergency period +occurs, the Federal medical assistance percentage determined for each +State, including the District of Columbia, American Samoa, Guam, the +Commonwealth of the Northern Mariana Islands, Puerto Rico, and the +United States Virgin Islands, under section 1905(b) of the Social +Security Act (42 U.S.C. 1396d(b)) shall be increased by 8 percentage +points. + (b) Requirement for All States.--A State described in subsection +(a) may not receive the increase described in such subsection in the +Federal medical assistance percentage for such State, with respect to a +quarter, if-- + (1) eligibility standards, methodologies, or procedures + under the State plan of such State under title XIX of the + Social Security Act (42 U.S.C. 1396 et seq.) (including any + waiver under such title or section 1115 of such Act (42 U.S.C. + 1315)) are more restrictive during such quarter than the + eligibility standards methodologies, or procedures, + respectively, under such plan (or waiver) as in effect on + January 1, 2020; + (2) the amount of any premium imposed by the State pursuant + to section 1916 or 1916A of such Act (42 U.S.C. 1396o, 1396o-1) + during such quarter, with respect to an individual enrolled + under such plan (or waiver), exceeds the amount of such premium + as of January 1, 2020; + (3) the State terminates or denies the enrollment of any + individual under such plan (or waiver) during such quarter for + a reason other than a failure to satisfy financial, + categorical, and State residency requirements (as applicable) + under such plan (or waiver); + (4) the State does not provide coverage under such plan (or + waiver), without the imposition of cost sharing, during such + quarter for any testing services and treatments for COVID-19, + including vaccines, specialized equipment, and therapies; or + (5) the State conducts during such quarter periodic income + checks, including automated income checks, or eligibility + redeterminations under such plan (or waiver) at a rate more + frequent than once every 12 months. + (c) Requirement for Certain States.--Section 1905(cc) of the Social +Security Act (42 U.S.C. 1396d(cc)) is amended by striking ``American +Recovery and Reinvestment Act of 2009.'' and inserting ``and section +109 of the Families First Coronavirus Response Act, except that in +applying such treatments to the increases in the Federal medical +assistance percentage under section 109 of the Families First +Coronavirus Response Act, the reference to `December 31, 2009' shall be +deemed to be a reference to `March 11, 2020'.''. + +SEC. 110. INCREASE IN MEDICAID ALLOTMENTS FOR TERRITORIES. + + Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is +amended-- + (1) in paragraph (2)-- + (A) in subparagraph (B)-- + (i) in clause (i), by striking ``and'' at + the end; + (ii) in clause (ii), by striking ``for each + of fiscal years 2020 through 2021, + $126,000,000;'' and inserting ``for fiscal year + 2020, $129,500,000; and''; and + (iii) by adding at the end the following + new clause: + ``(iii) for fiscal year 2021, + $128,500,000;''; + (B) in subparagraph (C)-- + (i) in clause (i), by striking ``and'' at + the end; + (ii) in clause (ii), by striking ``for each + of fiscal years 2020 through 2021, + $127,000,000;'' and inserting ``for fiscal year + 2020, $132,000,000; and''; and + (iii) by adding at the end the following + new clause: + ``(iii) for fiscal year 2021, + $130,500,000;''; + (C) in subparagraph (D)-- + (i) in clause (i), by striking ``and'' at + the end; + (ii) in clause (ii), by striking ``for each + of fiscal years 2020 through 2021, $60,000,000; + and'' and inserting ``for fiscal year 2020, + $64,000,000; and''; and + (iii) by adding at the end the following + new clause: + ``(iii) for fiscal year 2021, $63,000,000; + and''; and + (D) in subparagraph (E)-- + (i) in clause (i), by striking ``and'' at + the end; + (ii) in clause (ii), by striking ``for each + of fiscal years 2020 through 2021, + $84,000,000.'' and inserting ``for fiscal year + 2020, $87,000,000; and''; and + (iii) by adding at the end the following + new clause: + ``(iii) for fiscal year 2021, + $86,000,000.''; and + (2) in paragraph (6)(A)-- + (A) in clause (i), by striking ``$2,623,188,000'' + and inserting ``$2,743,188,000''; and + (B) in clause (ii), by striking ``$2,719,072,000'' + and inserting ``$2,804,072,000''. + + DIVISION H--BUDGETARY EFFECTS + +SEC. 101. BUDGETARY EFFECTS. + + (a) Statutory PAYGO Scorecards.--The budgetary effects of division +B and each succeeding division shall not be entered on either PAYGO +scorecard maintained pursuant to section 4(d) of the Statutory Pay-As- +You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of division B +and each succeeding division shall not be entered on any PAYGO +scorecard maintained for purposes of section 4106 of H. Con. Res. 71 +(115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(8) of the Balanced Budget and Emergency +Deficit Control Act of 1985, the budgetary effects of division B and +each succeeding division shall not be estimated-- + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. + \ No newline at end of file From 3ec1e1fb845a96cf76145d863e8ff60224dd8a10 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 574/984] House-6201: Engrossed in House --- bills_text/House-6201.txt | 3056 +++++++++++++++++-------------------- 1 file changed, 1373 insertions(+), 1683 deletions(-) diff --git a/bills_text/House-6201.txt b/bills_text/House-6201.txt index 744b1dd..97cfc48 100644 --- a/bills_text/House-6201.txt +++ b/bills_text/House-6201.txt @@ -2,28 +2,9 @@ 2d Session H. R. 6201 -Making emergency supplemental appropriations for the fiscal year ending - September 30, 2020, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 11, 2020 - -Mrs. Lowey (for herself, Mr. Scott of Virginia, Mr. Neal, Mr. Bishop of - Georgia, Ms. DeLauro, Mr. Pallone, and Mr. Peterson) introduced the -following bill; which was referred to the Committee on Appropriations, - and in addition to the Committees on the Budget, and Ways and Means, -for a period to be subsequently determined by the Speaker, in each case -for consideration of such provisions as fall within the jurisdiction of - the committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -47,17 +28,16 @@ SEC. 2. TABLE OF CONTENTS. DIVISION B--NUTRITION WAIVERS - DIVISION C--COVID-19 HEALTH CARE WORKER PROTECTION ACT OF 2020 - - DIVISION D--EMERGENCY PAID LEAVE ACT OF 2020 + DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT - DIVISION E--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS + DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS ACT OF 2020 - DIVISION F--PAID SICK DAYS FOR PUBLIC HEALTH EMERGENCIES AND PERSONAL - AND FAMILY CARE + DIVISION E--EMERGENCY PAID SICK LEAVE ACT - DIVISION G--HEALTH PROVISIONS + DIVISION F--HEALTH PROVISIONS + +DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE DIVISION H--BUDGETARY EFFECTS @@ -106,8 +86,8 @@ Act of 1985. GENERAL PROVISIONS--THIS TITLE - Sec. 101. (a) Public Health Emergency.--During fiscal year 2020, in -any case in which a school is closed for at least 5 consecutive days + Sec. 1101. (a) Public Health Emergency.--During fiscal year 2020, +in any case in which a school is closed for at least 5 consecutive days during a public health emergency designation during which the school would otherwise be in session, each household containing at least 1 member who is an eligible child attending the school shall be eligible @@ -158,15 +138,10 @@ emergency designation. Richard B. Russell National School Lunch Act (42 U.S.C. 175l et seq.) at the school. (2) The term ``public health emergency designation'' means - the declaration-- - (A) of a public health emergency, based on an - outbreak of SARS-CoV-2 or another coronavirus with - pandemic potential, by the Secretary of Health and - Human Services under section 319 of the Public Health - Service Act (42 U.S.C. 247d); or - (B) of a domestic emergency, based on an outbreak - of SARS-CoV-2 or another coronavirus with pandemic - potential, by the Secretary of Homeland Security. + the declaration of a public health emergency, based on an + outbreak of SARS-CoV-2 or another coronavirus with pandemic + potential, by the Secretary of Health and Human Services under + section 319 of the Public Health Service Act (42 U.S.C. 247d). (3) The term ``school'' has the meaning given the term in section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)). @@ -175,7 +150,7 @@ Agriculture such amounts as are necessary to carry out this section: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. - Sec. 102. In addition to amounts otherwise made available, + Sec. 1102. In addition to amounts otherwise made available, $100,000,000, to remain available through September 30, 2021, shall be available for the Secretary of Agriculture to provide grants to the Commonwealth of the Northern Mariana Islands, Puerto Rico, and American @@ -186,19 +161,57 @@ of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE II - DEPARTMENT OF LABOR + DEPARTMENT OF DEFENSE + + defense health program + + For an additional amount for ``Defense Health Program'', +$82,000,000, to remain available until September 30, 2022, for health +services consisting of SARS-CoV-2 or COVID-19 related items and +services as described in section 6006(a) of division F of the Families +First Coronavirus Response Act (or the administration of such +products): Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE III - Employment and Training Administration + DEPARTMENT OF THE TREASURY - program administration + Internal Revenue Service - For an additional amount for ``Program Administration'', -$5,000,000, to remain available through September 30, 2022, to -administer the emergency paid sick days program: Provided, That such + taxpayer services + + For an additional amount for ``Taxpayer Services'', $15,000,000, to +remain available until September 30, 2022, for the purposes of carrying +out the Families First Coronavirus Response Act: Provided, That +amounts provided under this heading in this Act may be transferred to +and merged with ``Operations Support'': Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. + TITLE IV + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Indian Health Service + + indian health services + + For an additional amount for ``Indian Health Services'', +$64,000,000, to remain available until September 30, 2022, for health +services consisting of SARS-CoV-2 or COVID-19 related items and +services as described in section 6007 of division F of the Families +First Coronavirus Response Act (or the administration of such +products): Provided, That such amounts shall be allocated at the +discretion of the Director of the Indian Health Service: Provided +further, That such amount is designated by the Congress as being for an +emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE V + DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living @@ -208,19 +221,82 @@ and Emergency Deficit Control Act of 1985. For an additional amount for ``Aging and Disability Services Programs'', $250,000,000, to remain available until September 30, 2021, for activities authorized under subparts 1 and 2 of part C, of title -III, and under title VI, of the Older Americans Act of 1965, of which -$160,000,000 shall be for Home-Delivered Nutrition Services, +III, and under title VI, of the Older Americans Act of 1965 (``OAA''), +of which $160,000,000 shall be for Home-Delivered Nutrition Services, $80,000,000 shall be for Congregate Nutrition Services, and $10,000,000 shall be for Nutrition Services for Native Americans: Provided, That -such amount is designated by the Congress as being for an emergency -requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget -and Emergency Deficit Control Act of 1985. +State matching requirements under sections 304(d)(1)(D) and 309(b)(2) +of the OAA shall not apply to funds made available under this heading +in this Act: Provided further, That such amount is designated by the +Congress as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. - TITLE III + Office of the Secretary + + public health and social services emergency fund + + For an additional amount for ``Public Health and Social Services +Emergency Fund'', $1,000,000,000, to remain available until expended, +for activities authorized under section 2812 of the Public Health +Service Act (42 U.S.C. 300hh-11), in coordination with the Assistant +Secretary for Preparedness and Response and the Administrator of the +Centers for Medicare & Medicaid Services, to pay the claims of +providers for reimbursement, as described in subsection (a)(3)(D) of +such section 2812, for health services consisting of SARS-CoV-2 or +COVID-19 related items and services as described in paragraph (1) of +section 6001(a) of division F of the Families First Coronavirus +Response Act (or the administration of such products) or visits +described in paragraph (2) of such section for uninsured individuals: +Provided, That the term ``uninsured individual'' in this paragraph +means an individual who is not enrolled in-- + (1) a Federal health care program (as defined under section + 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)), + including an individual who is eligible for medical assistance + only because of subsection (a)(10)(A)(ii)(XXIII) of Section + 1902 of the Social Security Act; or + (2) a group health plan or health insurance coverage + offered by a health insurance issuer in the group or individual + market (as such terms are defined in section 2791 of the Public + Health Service Act (42 U.S.C. 300gg-91)), or a health plan + offered under chapter 89 of title 5, United States Code: + Provided further, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE VI + + DEPARTMENT OF VETERANS AFFAIRS + + Veterans Health Administration + + medical services + + For an additional amount for ``Medical Services'', $30,000,000, to +remain available until September 30, 2022, for health services +consisting of SARS-CoV-2 or COVID-19 related items and services as +described in section 6006(b) of division F of the Families First +Coronavirus Response Act (or the administration of such products): +Provided, That such amount is designated by the Congress as being for +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + + medical community care + + For an additional amount for ``Medical Community Care'', +$30,000,000, to remain available until September 30, 2022, for health +services consisting of SARS-CoV-2 or COVID-19 related items and +services as described in section 6006(b) of division F of the Families +First Coronavirus Response Act (or the administration of such +products): Provided, That such amount is designated by the Congress as +being for an emergency requirement pursuant to section 251(b)(2)(A)(i) +of the Balanced Budget and Emergency Deficit Control Act of 1985. + + TITLE VII GENERAL PROVISIONS--THIS ACT - Sec. 301. Not later than 30 days after the date of enactment of + Sec. 1701. Not later than 30 days after the date of enactment of this Act, the head of each executive agency that receives funding in this Act shall provide a report detailing the anticipated uses of all such funding to the Committees on Appropriations of the House of @@ -230,23 +306,30 @@ total amount of funding apportioned, allotted, obligated, and expended, to date: Provided further, That each such plan shall be updated and submitted to such Committees every 60 days until all funds are expended or expire. - Sec. 302. Each amount appropriated or made available by this Act + Sec. 1702. States and local governments receiving funds or +assistance pursuant to this division shall ensure the respective State +Emergency Operations Center receives regular and real-time reporting on +aggregated data on testing and results from State and local public +health departments, as determined by the Director of the Centers for +Disease Control and Prevention, and that such data is transmitted to +the Centers for Disease Control and Prevention. + Sec. 1703. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. - Sec. 303. No part of any appropriation contained in this Act shall -remain available for obligation beyond the current fiscal year unless -expressly so provided herein. - Sec. 304. Unless otherwise provided for by this Act, the + Sec. 1704. No part of any appropriation contained in this Act +shall remain available for obligation beyond the current fiscal year +unless expressly so provided herein. + Sec. 1705. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020. - Sec. 305. Each amount designated in this Act by the Congress as + Sec. 1706. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. - Sec. 306. Any amount appropriated by this Act, designated by the + Sec. 1707. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and @@ -259,12 +342,12 @@ and Response Supplemental Appropriations Act, 2020''. TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT -SEC. 101. SHORT TITLE. +SEC. 2101. SHORT TITLE. This title may be cited as the ``Maintaining Essential Access to Lunch for Students Act'' or the ``MEALS Act''. -SEC. 102. WAIVER EXCEPTION FOR SCHOOL CLOSURES DUE TO COVID-19. +SEC. 2102. WAIVER EXCEPTION FOR SCHOOL CLOSURES DUE TO COVID-19. (a) In General.--The requirements under section 12(l)(1)(A)(iii) of the Richard B. Russell National School Lunch Act (42 U.S.C. @@ -291,12 +374,12 @@ section 12(l)(5) of the Richard B. Russell National School Lunch Act TITLE II--COVID--19 CHILD NUTRITION RESPONSE ACT -SEC. 201. SHORT TITLE. +SEC. 2201. SHORT TITLE. This title may be cited as the ``COVID-19 Child Nutrition Response Act''. -SEC. 202. NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS ADDRESSING +SEC. 2202. NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS ADDRESSING COVID-19. (a) Nationwide Waiver.-- @@ -369,9 +452,90 @@ waiver under this section shall expire on September 30, 2020. term in section 12(d)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(8)). +SEC. 2203. PHYSICAL PRESENCE WAIVER UNDER WIC DURING CERTAIN PUBLIC + HEALTH EMERGENCIES. + + (a) Waiver Authority.-- + (1) In general.--Notwithstanding any other provision of + law, the Secretary may grant a request described in paragraph + (2) to-- + (A) waive the requirement under section + 17(d)(3)(C)(i) of the Child Nutrition Act of 1966 (42 + U.S.C. 1786(d)(3)(C)(i)); and + (B) defer anthropometric and bloodwork requirements + necessary to determine nutritional risk. + (2) Request.--A request described in this paragraph is a + request made to the Secretary by a State agency to waive, on + behalf of the local agencies served by such State agency, the + requirements described in paragraph (1) during any portion of + the emergency period (as defined in paragraph (1)(B) of section + 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) + (beginning on or after the date of the enactment of this + section). + (b) Reports.-- + (1) Local agency reports.--Each local agency that uses a + waiver pursuant to subsection (a) shall, not later than 1 year + after the date such local agency uses such waiver, submit a + report to the State agency serving such local agency that + includes the following: + (A) A summary of the use of such waiver by the + local agency. + (B) A description of whether such waiver resulted + in improved services to women, infants, and children. + (2) State agency reports.--Each State agency that receives + a waiver under subsection (a) shall, not later than 18 months + after the date such State agency received such waiver, submit a + report to the Secretary that includes the following: + (A) A summary of the reports received by the State + agency under paragraph (1). + (B) A description of whether such waiver resulted + in improved services to women, infants, and children. + (c) Sunset.--The authority under this section shall expire on +September 30, 2020. + (d) Definitions.--In this section: + (1) Local agency.--The term ``local agency'' has the + meaning given the term in section 17(b) of the Child Nutrition + Act of 1966 (42 U.S.C. 1786(b)). + (2) Nutritional risk.--The term ``nutritional risk'' has + the meaning given the term in section 17(b) of the Child + Nutrition Act of 1966 (42 U.S.C. 1786(b)). + (3) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture. + (4) State agency.-- The term ``State agency'' has the + meaning given the term in section 17(b) of the Child Nutrition + Act of 1966 (42 U.S.C. 1786(b)). + +SEC. 2204. ADMINISTRATIVE REQUIREMENTS WAIVER UNDER WIC. + + (a) Waiver Authority.-- + (1) In general.--Notwithstanding any other provision of + law, the Secretary of Agriculture may, if requested by a State + agency (as defined in section 17(b) of the Child Nutrition Act + of 1966 (42 U.S.C. 1786(b)), modify or waive any qualified + administrative requirement with respect to such State agency. + (2) Qualified administrative requirement.--In this section, + the term ``qualified administrative requirement'' means a + regulatory requirement issued under section 17 of the Child + Nutrition Act of 1966 (42 U.S.C. 1786) that the Secretary of + Agriculture determines-- + (A) cannot be met by a State agency due to COVID- + 19; and + (B) the modification or waiver of which is + necessary to provide assistance under such section. + (b) State Agency Reports.--Each State agency that receives a waiver +under subsection (a)(1) shall, not later than 1 year after the date +such State agency received such waiver, submit a report to the +Secretary of Agriculture that includes the following: + (1) A summary of the use of such waiver by the State + agency. + (2) A description of whether such waiver resulted in + improved services to women, infants, and children. + (c) Sunset.--The authority under this section shall expire on +September 30, 2020. + TITLE III--SNAP WAIVERS -SEC. 301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS WORKERS. +SEC. 2301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS WORKERS. (a) Beginning with the first month that begins after the enactment of this Act and for each subsequent month through the end of the month @@ -392,42 +556,44 @@ and Nutrition Act of 2008, such State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to such month. -SEC. 302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC HEALTH EMERGENCY. +SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC HEALTH EMERGENCY. (a) In the event of a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 -(COVID-19)and the issuance of an emergency or disaster declaration by a -State based on an outbreak of COVID-19, the Secretary of Agriculture-- +(COVID-19) and the issuance of an emergency or disaster declaration by +a State based on an outbreak of COVID-19, the Secretary of +Agriculture-- (1) shall provide, at the request of a State agency (as defined in section 3 of the Food and Nutrition Act of 2008) - that provides sufficient data supporting such request, as - determined by the Secretary, for emergency allotments to - households participating in the supplemental nutrition - assistance program under the Food and Nutrition Act of 2008 to - address temporary food needs not greater than the applicable - maximum monthly allotment for the household size; and - (2) may adjust at the request of State agencies or in - consultation with State agencies, by guidance, issuance methods - and application and reporting requirements under the Food and - Nutrition Act of 2008 to be consistent with what is practicable - under actual conditions in affected areas. (In making this - adjustment, the Secretary shall consider the availability of - offices and personnel in State agencies, any conditions that - make reliance on electronic benefit transfer systems described - in section 7(h) of the Food and Nutrition Act of 2008 - impracticable, any disruptions of transportation and + that provides sufficient data (as determined by the Secretary + through guidance) supporting such request, for emergency + allotments to households participating in the supplemental + nutrition assistance program under the Food and Nutrition Act + of 2008 to address temporary food needs not greater than the + applicable maximum monthly allotment for the household size; + and + (2) may adjust, at the request of State agencies or by + guidance in consultation with one or more State agencies, + issuance methods and application and reporting requirements + under the Food and Nutrition Act of 2008 to be consistent with + what is practicable under actual conditions in affected areas. + (In making this adjustment, the Secretary shall consider the + availability of offices and personnel in State agencies, any + conditions that make reliance on electronic benefit transfer + systems described in section 7(h) of the Food and Nutrition Act + of 2008 impracticable, any disruptions of transportation and communication facilities, and any health considerations that warrant alternative approaches.) - (b)(1) The Secretary of Agriculture shall make any requests -submitted by State agencies under subsection (a), the Secretary's -approval or denial of such requests, and any guidance issued under -subsection (a)(2) publicly available on the website of the Department -of Agriculture. - (2) The Secretary of Agriculture shall post the information -described in paragraph (1) on the website of the Department of -Agriculture not later than 10 days after receipt or issuance of such -information. + (b) Not later than 10 days after the date of the receipt or +issuance of each document listed in paragraphs (1), (2), or (3) of this +subsection, the Secretary of Agriculture shall make publicly available +on the website of the Department the following documents: + (1) Any request submitted by State agencies under + subsection (a). + (2) The Secretary's approval or denial of each such + request. + (3) Any guidance issued under subsection (a)(2). (c) The Secretary of Agriculture shall, within 18 months after the public health emergency declaration described in subsection (a) is lifted, submit a report to the House and Senate Agriculture Committees @@ -439,386 +605,29 @@ changes to the Secretary's authority under the Food and Nutrition Act of 2008 to assist the Secretary and States and localities in preparations for any future health emergencies. - DIVISION C--COVID-19 HEALTH CARE WORKER PROTECTION ACT OF 2020 - -SEC. 1. SHORT TITLE. - - This Act may be cited as the ``COVID-19 Health Care Worker -Protection Act of 2020''. - -SEC. 2. FINDINGS. - - Congress finds the following: - (1) The infectious disease COVID-19 presents a grave danger - to health care workers who are the first line of defense of the - United States against this epidemic. - (2) Hundreds of health care workers in the United States - have been infected or quarantined due to exposure to patients - with COVID-19. Surveys conducted by health care worker unions - and others have found that many health care facilities are - inadequately prepared to safely protect health care workers who - are exposed to the virus. - (3) Inadequate infection control precautions have a - detrimental impact on health care workers, patients and the - public, and if there is breakdown in health care worker - protections, the nation's public health system is placed at - risk. - (4) The Severe Acute Respiratory Syndrome (hereinafter - referred to as ``SARS'') epidemic of 2003 and 2004 in Canada, - which involved a coronavirus, resulted in a disproportionately - large number of infections of both health care workers and - patients in Ontario, Canada, hospitals due to insufficient - infection control procedures involving SARS. - (5) The Occupational Safety and Health Administration began - rulemaking on a standard to protect health care workers from - airborne and other infectious diseases in 2009. In 2017, the - Trump Administration suspended work on this rulemaking, - removing it from the active Regulatory Agenda. - (6) The Centers for Disease Control and Prevention issued a - document entitled, ``2007 Guideline for Isolation Precautions: - Preventing Transmission of Infectious Agents in Healthcare - Settings'' in July, 2007. However, the guideline in such - document is not binding. - (7) Absent an enforceable standard, employers lack - mandatory requirements to implement an effective and ongoing - infection and exposure control program that provides protection - to health care workers from COVID-19. - (8) Section 6(c)(1) of the Occupational Safety and Health - Act authorizes the Occupational Safety and Health - Administration to issue an ``Emergency Temporary Standard'' if - employees are exposed to grave danger from harmful agents or - new hazards and if an emergency standard is necessary to - protect employees from such danger. The widespread outbreak of - COVID-19 clearly satisfies these two conditions. - (9) The Occupational Safety and Health Administration has - received two petitions in March 2020 calling on the - Occupational Safety and Health Administration to issue an - Emergency Temporary Standard to protect workers from COVID-19. - (10) An Emergency Temporary Standard is necessary to ensure - the immediate protection of workers in health care workplaces - and other high-risk workplaces identified by the Centers for - Disease Control and Prevention and the Occupational Safety and - Health Administration from infection related to COVID-19. - - TITLE I--COVID-19 EMERGENCY TEMPORARY STANDARD - -SEC. 101. COVID-19 EMERGENCY TEMPORARY STANDARD. - - (a) Emergency Temporary Standard.--Pursuant to section 6(c)(1) of -the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)(1)), -not later than 1 month after the date of enactment of this Act, the -Secretary of Labor shall promulgate an emergency temporary standard to -protect from occupational exposure to SARS-CoV-2-- - (1) employees of health care sector employers; and - (2) employees in other sectors whom the Centers for Disease - Control and Prevention or the Occupational Safety and Health - Administration identifies as having elevated risk. - (b) Permanent Standard.--Upon publication of the emergency standard -under subsection (a), the Secretary of Labor shall commence a -proceeding to promulgate a standard under section 6(c)(3) of the -Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)(3)) with -respect to such emergency temporary standard. - (c) Requirements.--Each standard promulgated under this section -shall-- - (1) require the employers of the employees described in - subsection (a) to develop and implement a comprehensive - infectious disease exposure control plan; and - (2) at a minimum, be based on the precautions for severe - acute respiratory syndrome (SARS) in the ``2007 Guideline for - Isolation Precautions: Preventing Transmission of Infectious - Agents in Healthcare Settings'' of the Centers for Disease - Control and Prevention and any subsequent updates; and - (3) provide no less protection for novel pathogens than - precautions mandated by standards adopted by a State plan that - has been approved by the Secretary of Labor under section 18 of - the Occupational Safety and Health Act of 1970 (29 U.S.C. 667). - - TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT - -SEC. 201. APPLICATION OF COVID-19 EMERGENCY TEMPORARY STANDARD TO - CERTAIN FACILITIES RECEIVING MEDICARE FUNDS. - - (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. -1395cc) is amended-- - (1) in subsection (a)(1)-- - (A) in subparagraph (X), by striking ``and'' at the - end; - (B) in subparagraph (Y), by striking the period at - the end and inserting ``; and''; and - (C) by inserting after subparagraph (Y) the - following new subparagraph: - ``(Z) in the case of hospitals that are not - otherwise subject to the Occupational Safety and Health - Act of 1970 (or a State occupational safety and health - plan that is approved under section 18(b) of such Act) - and skilled nursing facilities that are not otherwise - subject to such Act (or such a State occupational - safety and health plan), to comply with the standards - promulgated under section 101 of the Covid-19 Health - Care Worker Protection Act of 2020.''; and - (2) in subsection (b)(4)-- - (A) in subparagraph (A), by inserting ``and a - hospital or skilled nursing facility that fails to - comply with the requirement of subsection (a)(1)(Z) - (relating to the standards promulgated under section - 101 of the Covid-19 Health Care Worker Protection Act - of 2020)'' after ``Bloodborne Pathogens Standard)''; - and - (B) in subparagraph (B)-- - (i) by striking ``(a)(1)(U)'' and inserting - ``(a)(1)(V)''; and - (ii) by inserting ``(or, in the case of a - failure to comply with the requirement of - subsection (a)(1)(Z), for a violation of the - standards referred to in such subsection by a - hospital or skilled nursing facility, as - applicable, that is subject to the provisions - of such Act)'' before the period at the end. - (b) Effective Date.--The amendments made by subsection (a) shall -apply beginning on the date that is 1 month after the date of -promulgation of the emergency temporary standard under section 101 of -the COVID-19 Health Care Worker Protection Act of 2020. - - DIVISION D--EMERGENCY PAID LEAVE ACT OF 2020 - -SEC. 101. SHORT TITLE. - - This division may be cited as the ``Emergency Paid Leave Act of -2020''. - -SEC. 102. EMERGENCY PAID LEAVE BENEFITS. - - The Social Security Act is amended by inserting after title V the -following: - - ``TITLE VI--EMERGENCY PAID LEAVE BENEFITS - -``SEC. 601. DEFINITIONS. - - ``In this title, the following definitions apply: - ``(1) Emergency leave day.-- - ``(A) In general.--The term `emergency leave day' - means, with respect to an individual, a calendar day in - which the individual is not able to engage in - employment due to any of the following reasons: - ``(i) The individual has a current - diagnosis of COVID-19. - ``(ii) The individual is under quarantine - (including self-imposed quarantine), at the - instruction of a health care provider, - employer, or a local, State, or Federal - official, in order to prevent the spread of - COVID-19. - ``(iii) The individual is engaged in - caregiving for an individual who has a current - diagnosis of COVID-19 or is under quarantine as - described in clause (ii). - ``(iv) The individual is engaged in - caregiving, because of the COVID-19-related - closing of a school or other care facility or - care program, for a child or other individual - unable to provide self-care. - ``(B) Limitation.--No calendar day may be treated - as an emergency leave day with respect to an individual - if the individual-- - ``(i) received any form of compensation - from an employer (other than State or private - paid leave), including wages or any form of - accrued paid leave, for such day; or - ``(ii) was eligible for unemployment - compensation for the week in which such day - occurs. - ``(2) Commissioner.--The term `Commissioner' means the - Commissioner of Social Security. - ``(3) Eligible individual.--The term `eligible individual' - means an individual who had wages or self-employment income - during the 30-day period ending on the first emergency leave - day with respect to such individual. - ``(4) Self-employment income.--The term `self-employment - income' has the meaning given the term in section 1402(b) of - the Internal Revenue Code of 1986 for purposes of the taxes - imposed by section 1401(b) of such Code. - ``(5) State.--The term `State' means any State of the - United States or the District of Columbia or any territory or - possession of the United States. - ``(6) State or private paid leave.--The term `State or - private paid leave' means a benefit which provides full or - partial wage replacement to employees on the basis of - specifically defined qualifying events described in section 102 - of the Family and Medical Leave Act of 1993 or defined by a - written employer policy or State law and which ends either when - the qualifying event is no longer applicable or a set period of - benefits is exhausted. - ``(7) Unemployment compensation.--The term unemployment - compensation means-- - ``(A) `regular compensation', `extended - compensation', and `additional compensation' (as such - terms are defined by section 205 of the Federal-State - Extended Unemployment Compensation Act (26 U.S.C. 3304 - note)); and - ``(B) assistance under section 410 of the Robert T. - Stafford Disaster Relief and Emergency Assistance Act - (42 U.S.C. 5177). - ``(8) Wages.--The term `wages' has the meaning given such - term in section 3121(a) of the Internal Revenue Code of 1986 - for purposes of the taxes imposed by sections 3101(b) and - 3111(b) of such Code. - -``SEC. 602. EMERGENCY PAID LEAVE BENEFITS. - - ``(a) In General.--The Commissioner shall pay an emergency paid -leave benefit, to be paid electronically or, if necessary, by mail, to -each eligible individual for each 30-day period beginning and ending in -the benefit period (not to exceed 3) for which the eligible individual -has filed an application containing such certifications as required -under subsection (e). - ``(b) Benefit Amount.-- - ``(1) In general.--Subject to paragraph (2), the amount of - the emergency paid leave benefit to which an individual is - entitled under subsection (a) for a 30-day period shall be an - amount (not to exceed $4,000) equal to 2/3 of the individual's - average monthly earnings. - ``(2) Reduction based on receipt of state or private paid - leave.--The amount of an emergency paid leave benefit to which - an individual is entitled under subsection (a) for a 30-day - period shall be reduced by $1 for each dollar of State or - private paid leave received by the individual for such period. - ``(3) Average monthly earnings.--For purposes of this - subsection, an individual's average monthly earnings shall be - equal to the quotient obtained by dividing-- - ``(A) the total of the wages and self-employment - income received by the individual during the most - recent calendar year preceding an application for an - emergency paid leave benefit under this section for - which data is available to the Commissioner; by - ``(B) 12. - ``(c) Benefit Period.--For purposes of this section, the benefit -period begins on January 19, 2020, and ends on the date that is 1 year -after the date of enactment of this title. - ``(d) Retroactive Benefits.--An application for benefits for any -month beginning and ending in the benefit period may be filed at any -time prior to the date that is 180 days after the end of such benefit -period. - ``(e) Application.-- - ``(1) In general.--An application for an emergency paid - leave benefit under this section for a 30-day period shall - include-- - ``(A) an attestation by the individual-- - ``(i) that he or she is an eligible - individual; - ``(ii) that at least 14 emergency leave - days with respect to the individual occurred, - or are expected to occur, during such period; - and - ``(iii) that the individual has informed - his or her employer of the individual's need to - take emergency leave, if the individual has an - employer. - ``(2) Availability.--The Commissioner shall accept - applications online, by telephone, and by mail. - ``(3) Authentication of identity.--The Commissioner is - authorized to take such steps as are necessary to authenticate - the identity of applicants. - ``(4) Penalties for fraud.--Any fraud or misrepresentation - relating to an application for benefits under this title shall - be treated as a violation of section 208. - ``(f) Ineligibility Based on Fraud and Criminal Activity.-- - ``(1) Ineligibility following certain convictions.--An - individual who has been convicted of a violation under section - 208 or who has been found to have used false statements to - secure benefits under this section shall be ineligible for - benefits under this section. - ``(2) Ineligibility of prisoners.--An individual shall be - ineligible for a benefit under this section for any 30-day - period with respect to which the individual is an individual - described in clause (i), (ii), or (iii) of section - 202(x)(1)(A). - ``(g) Review of Eligibility and Benefit Payment Determinations.-- - ``(1) Burden of proof.--An application for benefits under - this section shall be presumed to be true and accurate, unless - the Commissioner demonstrates by a preponderance of the - evidence that information contained in the application is - false. - ``(2) Review.-- - ``(A) In general.--An individual may request review - of an adverse determination with respect to such - application or of a benefit payment determination and - shall have the same appeals rights as provided under - title II. - ``(B) Final determinations.--All final - determinations of the Commissioner under this - subsection shall be reviewable according to the - procedures set out in section 205. - ``(3) Program integrity.--The Commissioner shall have the - authority to conduct random sample audits of benefits provided - under this title to ensure compliance with the eligibility - requirements for such benefits. - ``(h) Protection of Existing Benefit Rights.-- - ``(1) In general.--This title does not preempt or supercede - any provision of State or local law that authorizes a State or - local municipality to provide paid leave benefits similar to - the benefits provided under this title. - ``(2) Greater benefits allowed.--Nothing in this title - shall be construed to diminish the obligation of an employer to - comply with any contract, collective bargaining agreement, or - any employment benefit program or plan that provides greater - paid leave or other leave rights to employees than the rights - established under this title. - ``(i) Reimbursement Grants to States.--Not later than July 1, 2021, -the Secretary of the Treasury, in consultation with the Commissioner of -Social Security, shall make a grant to each State in an amount equal to -the total amount, for all 30-day periods beginning and ending in the -benefit period, by which benefits under this title were reduced under -subsection (b)(2) as a result of State and private paid leave paid by -such State or under the law of such State. - ``(j) Applicability of Certain Title II Provisions.--The provisions -of sections 204, 205, 206, and 208 shall apply to benefit payments made -under this section in the same way that such provisions apply to -benefit payments made under title II. - ``(k) No Effect on Eligibility for SSI.--Any benefit paid to an -individual under this title shall not be regarded as income or -resources for any month, for purposes of determining the eligibility of -the recipient (or the recipient's spouse or family) for benefits or -assistance, or the amount or extent of benefits or assistance, under -the Supplemental Security Income program. - -``SEC. 603. FUNDING AND EXPEDITED IMPLEMENTATION AUTHORITY. - - ``(a) Funding.--There are appropriated such sums as necessary to -the Commissioner of Social Security to administer and pay benefits -under the program established under this title, and to the Secretary of -the Treasury for reimbursement grants under section 602(i). - ``(b) Expedited Implementation Authority.--In order to expedite the -implementation of the emergency paid leave program under this title, -the Commissioner is authorized to waive existing Federal requirements -regarding paperwork reduction, system of records notices, contracting -and acquisitions, and hiring. - ``(c) Protection of Existing Employee Rights.--This title does not -preempt or supersede existing collective bargaining agreements. - -``SEC. 604. PROTECTION OF SOCIAL SECURITY TRUST FUNDS. - - ``No funds from the Federal Old-Age and Survivors Insurance Trust -Fund or the Federal Disability Insurance Trust Fund, or appropriated to -the Social Security Administration for the administration of titles II -or XVI, may be used for any purpose under this title. - -``SEC. 605. TAXATION OF EMERGENCY LEAVE BENEFITS. - - ``No amount received by an individual under this title shall be -included in gross income for purposes of the Internal Revenue Code of -1986.''. - -SEC. 103. AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993. - - (a) Public Health Emergency Leave.--Section 102(a)(1) of the Family -and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by -adding at the end the following: - ``(F) During the 2-year period beginning on the - date of the enactment of the Emergency Paid Leave Act - of 2020, because of a qualifying need related to a - public health emergency in accordance with section - 110.''. + DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT + +SEC. 3101. SHORT TITLE. + + This Act may be cited as ``Emergency Family and Medical Leave +Expansion Act''. + +SEC. 3102. AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993. + + (a) Public Health Emergency Leave.-- + (1) In general.--Section 102(a)(1) of the Family and + Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by + adding at the end the following: + ``(F) During the period beginning on the date the + Emergency Family and Medical Leave Expansion Act takes + effect, and ending on December 31, 2020, because of a + qualifying need related to a public health emergency in + accordance with section 110.''. + (2) Paid leave requirement.--Section 102(c) of the Family + and Medical Leave Act of 1993 (29 U.S.C. 2612(c)) is amended by + striking ``under subsection (a)'' and inserting ``under + subsection (a) (other than certain periods of leave under + subsection (a)(1)(F))''. (b) Requirements.--Title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is amended by adding at the end the following: @@ -830,30 +639,16 @@ under section 102(a)(1)(F): ``(1) Application of certain terms.--The definitions in section 101 shall apply, except as follows: ``(A) Eligible employee.--In lieu of the definition - in section 101(4)(A), the term `eligible employee' - means an individual who has been employed for at least - 30 days by the employer with respect to whom leave is - requested under section 102(a)(1)(F). + in sections 101(2)(A) and 101(2)(B)(ii), the term + `eligible employee' means an employee who has been + employed for at least 30 calendar days by the employer + with respect to whom leave is requested under section + 102(a)(1)(F). ``(B) Employer threshold.--Section 101(4)(A)(i) - shall be applied by substituting `1 or more employees' - for `50 or more employees for each working day during - each of 20 or more calendar workweeks in the current or - preceding calendar year'. - ``(C) Health care provider.--In section 101(6), the - term `health care provider' includes a nurse - practitioner. - ``(D) Parent.--In lieu of the definition in section - 101(7), the term `parent', with respect to an employee, - means any of the following: - ``(i) A biological, foster, or adoptive - parent of the employee. - ``(ii) A stepparent of the employee. - ``(iii) A parent-in-law of the employee. - ``(iv) A parent of a domestic partner of - the employee. - ``(v) A legal guardian or other person who - stood in loco parentis to an employee when the - employee was a child. + shall be applied by substituting `fewer than 500 + employees' for `50 or more employees for each working + day during each of 20 or more calendar workweeks in the + current or preceding calendar year'. ``(2) Additional definitions.--In addition to the definitions described in paragraph (1), the following definitions shall apply with respect to leave under section @@ -861,45 +656,15 @@ under section 102(a)(1)(F): ``(A) Qualifying need related to a public health emergency.--The term `qualifying need related to a public health emergency', with respect to leave, means - that a public health emergency has been declared in a - location that includes the employee's work (including - the commuting route of the employee), residence, or - community, and the employee has a need for leave for - one of the following: - ``(i) To comply with a recommendation or - order by a health authority having jurisdiction - or a health care provider on the basis that-- - ``(I) the physical presence of the - employee on the job would jeopardize - the health of others because of-- - ``(aa) the exposure of the - employee to coronavirus; or - ``(bb) exhibition of - symptoms of coronavirus by the - employee; and - ``(II) the employee is unable to - both perform the functions of the - position of such employee and comply - with such recommendation or order. - ``(ii) To care for a family member of an - eligible employee with respect to whom a health - authority having jurisdiction or a health care - provider makes a determination that the - presence of the family member in the community - would jeopardize the health of other - individuals in the community because of-- - ``(I) the exposure of such family - member to coronavirus; or - ``(II) exhibition of symptoms of - coronavirus by such family member. - ``(iii) To care for the son or daughter of - such employee if the school or place of care - has been closed, or the child care provider of - such son or daughter is unavailable, due to a - public health emergency. + the employee is unable to work (or telework) due to a + need for leave to care for the son or daughter under 18 + years of age of such employee if the school or place of + care has been closed, or the child care provider of + such son or daughter is unavailable, due to a public + health emergency. ``(B) Public health emergency.--The term `public health emergency' means an emergency with respect to - coronavirus declared by a Federal, State, or local + COVID-19 declared by a Federal, State, or local authority. ``(C) Child care provider.--The term `child care provider' means a provider who receives compensation @@ -907,70 +672,77 @@ under section 102(a)(1)(F): including an `eligible child care provider' (as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n)). - ``(D) Coronavirus.--The term `coronavirus' has the - meaning given the term in section 506 of the - Coronavirus Preparedness and Response Supplemental - Appropriations Act, 2020. - ``(E) School.--The term `school' means an + ``(D) School.--The term `school' means an `elementary school' or `secondary school' as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). - ``(F) Family.--The term `family member', with - respect to an employee, means any of the following: - ``(i) A parent of the employee. - ``(ii) A spouse of the employee. - ``(iii) A sibling of the employee. - ``(iv) Next of kin of the employee or a - person for whom the employee is next of kin. - ``(v) A son or daughter of the employee. - ``(vi) A grandparent or grandchild of the - employee. - ``(b) Leave Taken Intermittently or on a Reduced Work Schedule.-- - ``(1) In general.--Subject to paragraph (2), leave taken - under section 102(a)(1)(F) may not be taken intermittently or - on a reduced work schedule. - ``(2) Care for son or daughter.--Paragraph (1) shall not - apply with respect to leave taken for the purpose described in - subsection (a)(2)(A)(iii) if the son or daughter of the - employee with respect to whom the subsection applies has not - been exposed to coronavirus. - ``(c) Relationship to Paid Leave.-- - ``(1) In general.--An employee may elect to substitute any - of the accrued vacation leave, personal leave, or medical or - sick leave for leave under section 102(a)(1)(F) in accordance - with section 102(d)(2)(B). - ``(2) Employer requirement.--An employer may not require an - employee to substitute any leave as described in paragraph (1) - for leave under section 102(a)(1)(F). - ``(d) Notice.--In any case where the necessity for leave under + ``(3) Regulatory authorities.--The Secretary of Labor shall + have the authority to issue regulations for good cause under + sections 553(b)(B) and 553(d)(A) of title 5, United States + Code-- + ``(A) to exclude certain health care providers and + emergency responders from the definition of eligible + employee under section 110(a)(1)(A); and + ``(B) to exempt small businesses with fewer than 50 + employees from the requirements of section 102(a)(1)(F) + when the imposition of such requirements would + jeopardize the viability of the business as a going + concern. + ``(b) Relationship to Paid Leave.-- + ``(1) Unpaid leave for initial 10 days.-- + ``(A) In general.--The first 10 days for which an + employee takes leave under section 102(a)(1)(F) may + consist of unpaid leave. + ``(B) Employee election.--An employee may elect to + substitute any accrued vacation leave, personal leave, + or medical or sick leave for unpaid leave under section + 102(a)(1)(F) in accordance with section 102(d)(2)(B). + ``(2) Paid leave for subsequent days.-- + ``(A) In general.--An employer shall provide paid + leave for each day of leave under section 102(a)(1)(F) + that an employee takes after taking leave under such + section for 10 days. + ``(B) Calculation.-- + ``(i) In general.--Subject to clause (ii), + paid leave under subparagraph (A) for an + employee shall be calculated based on-- + ``(I) an amount that is not less + than two-thirds of an employee's + regular rate of pay (as determined + under section 7(e) of the Fair Labor + Standards Act of 1938 (29 U.S.C. + 207(e)); and + ``(II) the number of hours the + employee would otherwise be normally + scheduled to work (or the number of + hours calculated under subparagraph + (C)). + ``(ii) Clarification.--In no event shall + such paid leave exceed $200 per day and $10,000 + in the aggregate. + ``(C) Varying schedule hours calculation.--In the + case of an employee whose schedule varies from week to + week to such an extent that an employer is unable to + determine with certainty the number of hours the + employee would have worked if such employee had not + taken leave under section 102(a)(1)(F), the employer + shall use the following in place of such number: + ``(i) Subject to clause (ii), a number + equal to the average number of hours that the + employee was scheduled per day over the 6-month + period ending on the date on which the employee + takes such leave, including hours for which the + employee took leave of any type. + ``(ii) If the employee did not work over + such period, the reasonable expectation of the + employee at the time of hiring of the average + number of hours per day that the employee would + normally be scheduled to work. + ``(c) Notice.--In any case where the necessity for leave under section 102(a)(1)(F) for the purpose described in subsection (a)(2)(A)(iii) is foreseeable, an employee shall provide the employer with such notice of leave as is practicable. - ``(e) Certification.-- - ``(1) In general.--An employer may require that a request - for leave under section 102(a)(1)(F) be supported by - documentation described in paragraph (2). An employer may not - require such documentation until not later than 3 weeks after - the date on which the employee takes such leave. - ``(2) Sufficient certification.--The following - documentation shall be sufficient certification: - ``(A) With respect to leave taken for the purposes - described in clause (i) or (ii) of subsection - (a)(2)(A)-- - ``(i) a recommendation or order from a - health authority having jursidiction or a - health care provider that the relevant - individual has symptoms of coronavirus or - should be quarantined; or - ``(ii) documentation or evidence that the - relevant individual has been exposed to - coronavirus. - ``(B) With respect to leave taken for the purposes - described in clause (iii) of subsection (a)(2)(A), - notice from the school, place of care, or child care - provider of the son or daughter of the employee of - closure or unavailability. - ``(f) Restoration to Position.-- + ``(d) Restoration to Position.-- ``(1) In general.--Section 104(a)(1) shall not apply with respect to an employee of an employer who employs fewer than 25 employees if the conditions described in paragraph (2) are met. @@ -983,8 +755,8 @@ with such notice of leave as is practicable. conditions or other changes in operating conditions of the employer-- ``(i) that affect employment; and - ``(ii) are caused by a public health crisis - during the period of leave. + ``(ii) are caused by a public health + emergency during the period of leave. ``(C) The employer makes reasonable efforts to restore the employee to a position equivalent to the position the employee held when the leave commenced, @@ -1004,15 +776,58 @@ with such notice of leave as is practicable. which the employee's leave under section 102(a)(1)(F) commences.''. - DIVISION E--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS +SEC. 3103. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS. + + (a) Employers.--An employer signatory to a multiemployer collective +bargaining agreement may, consistent with its bargaining obligations +and its collective bargaining agreement, fulfill its obligations under +section 110(b)(2) of title I of the Family and Medical Leave Act of +1993, as added by the Families First Coronavirus Response Act, by +making contributions to a multiemployer fund, plan, or program based on +the paid leave each of its employees is entitled to under such section +while working under the multiemployer collective bargaining agreement, +provided that the fund, plan, or program enables employees to secure +pay from such fund, plan, or program based on hours they have worked +under the multiemployer collective bargaining agreement for paid leave +taken under section 102(a)(1)(F) of title I of the Family and Medical +Leave Act of 1993, as added by the Families First Coronavirus Response +Act. + (b) Employees.--Employees who work under a multiemployer collective +bargaining agreement into which their employers make contributions as +provided in subsection (a) may secure pay from such fund, plan, or +program based on hours they have worked under the multiemployer +collective bargaining agreement for paid leave taken under section +102(a)(1)(F) of title I of the Family and Medical Leave Act of 1993, as +added by the Families First Coronavirus Response Act. + +SEC. 3104. SPECIAL RULE FOR CERTAIN EMPLOYERS. + + An employer under 110(a)(B) shall not be subject to section 107(a) +for a violation of section 102(a)(1)(F) if the employer does not meet +the definition of employer set forth in Section 101(4)(A)(i). + +SEC. 3105. SPECIAL RULE FOR HEALTH CARE PROVIDERS AND EMERGENCY + RESPONDERS. + + An employer of an employee who is a health care provider or an +emergency responder may elect to exclude such employee from the +application of the provisions in the amendments made under of section +3102 of this Act. + +SEC. 3106. EFFECTIVE DATE. + + This Act shall take effect not later than 15 days after the date +of enactment of this Act. + + DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS ACT OF 2020 -SEC. 101. SHORT TITLE. +SEC. 4101. SHORT TITLE. This division may be cited as the ``Emergency Unemployment Insurance Stabilization and Access Act of 2020''. -SEC. 102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT COMPENSATION +SEC. 4102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT COMPENSATION ADMINISTRATION. (a) In General.--Section 903 of the Social Security Act (42 U.S.C. @@ -1023,9 +838,8 @@ SEC. 102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT COMPENSATION ``(h)(1)(A) In addition to any other amounts, the Secretary of Labor shall provide for the making of emergency administration grants in fiscal year 2020 to the accounts of the States in the Unemployment -Trust Fund, by transfer from amounts reserved for that purpose in the -Federal unemployment account, in accordance with succeeding provisions -of this subsection. +Trust Fund, in accordance with succeeding provisions of this +subsection. ``(B) The amount of an emergency administration grant with respect to a State shall, as determined by the Secretary of Labor, be equal to the amount obtained by multiplying $1,000,000,000 by the same ratio as @@ -1035,24 +849,25 @@ that would have been subject to transfer to State accounts, as of October 1, 2019, under the provisions of subsection (a). ``(C) Of the emergency administration grant determined under subparagraph (B) with respect to a State-- - ``(i) not later than 30 days after the date of enactment of + ``(i) not later than 60 days after the date of enactment of this subsection, 50 percent shall be transferred to the account of such State upon a certification by the Secretary of Labor to the Secretary of the Treasury that the State meets the requirements of paragraph (2); and ``(ii) only with respect to a State in which the number of unemployment compensation claims has increased by at least 10 - percent over the previous calendar year, the remainder shall be - transferred to the account of such State upon a certification - by the Secretary of Labor to the Secretary of the Treasury that - the State meets the requirements of paragraph (3). + percent over the same quarter in the previous calendar year, + the remainder shall be transferred to the account of such State + upon a certification by the Secretary of Labor to the Secretary + of the Treasury that the State meets the requirements of + paragraph (3). ``(2) The requirements of this paragraph with respect to a State are the following: ``(A) The State requires employers to provide notification of the availability of unemployment compensation to employees at the time of separation from employment. Such notification - may be based on model language issued by the Secretary of - Labor. + may be based on model notification language issued by the + Secretary of Labor. ``(B) The State ensures that applications for unemployment compensation, and assistance with the application process, are accessible in at least two of the following: in-person, by @@ -1070,8 +885,7 @@ are the following: ``(B) The State has demonstrated steps it has taken or will take to ease eligibility requirements and access to unemployment compensation for claimants, including waiving work - search requirements and the waiting week, and directly or - indirectly relieving benefit charges for claimants and + search requirements and the waiting week, and non-charging employers directly impacted by COVID-19 due to an illness in the workplace or direction from a public health official to isolate or quarantine workers. @@ -1100,18 +914,17 @@ necessary for purposes of making the transfers described in paragraph without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.''. (b) Emergency Flexibility.--Notwithstanding any other law, if a -State modifies its unemployment compensation law and policies -(including with respect to work search, waiting week, good cause, and -employer experience rating) on an emergency temporary basis as needed -to respond to the spread of COVID-19, such modifications shall be -disregarded for the purposes of applying section 303 of the Social -Security Act and section 3304 of the Internal Revenue Code of 1986 to -such State law. +State modifies its unemployment compensation law and policies with +respect to work search, waiting week, good cause, or employer +experience rating on an emergency temporary basis as needed to respond +to the spread of COVID-19, such modifications shall be disregarded for +the purposes of applying section 303 of the Social Security Act and +section 3304 of the Internal Revenue Code of 1986 to such State law. (c) Regulations.--The Secretary of Labor may prescribe any regulations, operating instructions, or other guidance necessary to carry out the amendment made by subsection (a). -SEC. 103. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES. +SEC. 4103. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES. Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking ``beginning on the date of @@ -1120,8 +933,8 @@ inserting ``beginning on the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 and ending on December 31, 2020''. -SEC. 104. TECHNICAL ASSISTANCE AND GUIDANCE FOR SHORT-TIME COMPENSATION - PROGRAMS. +SEC. 4104. TECHNICAL ASSISTANCE AND GUIDANCE FOR SHORT-TIME + COMPENSATION PROGRAMS. The Secretary of Labor shall assist States in establishing, implementing, and improving the employer awareness of short-time @@ -1129,7 +942,7 @@ compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986) to help avert layoffs, including by providing technical assistance and guidance. -SEC. 105. FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION +SEC. 4105. FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION FOR A LIMITED PERIOD. (a) In General.--In the case of sharable extended compensation and @@ -1159,55 +972,166 @@ of 1970 (26 U.S.C. 3304 note) shall not apply. operating instructions or regulations necessary to carry out this section. - DIVISION F--PAID SICK DAYS FOR PUBLIC HEALTH EMERGENCIES AND PERSONAL - AND FAMILY CARE - -SEC. 101. SHORT TITLE. - - This division may be cited as the ``Paid Sick Days for Public -Health Emergencies and Personal and Family Care Act''. - -SEC. 102. DEFINITIONS. - - In this Act: - (1) Child.--The term ``child'' means a biological, foster, - or adopted child, a stepchild, a child of a domestic partner, a - legal ward, or a child of a person standing in loco parentis. - (2) Domestic partner.-- - (A) In general.--The term ``domestic partner'', - with respect to an individual, means another individual - with whom the individual is in a committed - relationship. - (B) Committed relationship defined.--The term - ``committed relationship'' means a relationship between - 2 individuals, each at least 18 years of age, in which - each individual is the other individual's sole domestic - partner and both individuals share responsibility for a - significant measure of each other's common welfare. The - term includes any such relationship between 2 - individuals, including individuals of the same sex, - that is granted legal recognition by a State or - political subdivision of a State as a marriage or - analogous relationship, including a civil union or - domestic partnership. - (3) Domestic violence.--The term ``domestic violence'' has - the meaning given the term in section 40002(a) of the Violence - Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the - reference in such section to the term ``jurisdiction receiving - grant monies'' shall be deemed to mean the jurisdiction in - which the victim lives or the jurisdiction in which the - employer involved is located. Such term also includes dating - violence, as that term is defined in such section. - (4) Employee.--The term ``employee'' means an individual + DIVISION E--EMERGENCY PAID SICK LEAVE ACT + +SEC. 5101. SHORT TITLE. + + This Act may be cited as the ``Emergency Paid Sick Leave Act''. + +SEC. 5102. PAID SICK TIME REQUIREMENT. + + (a) In General.--An employer shall provide to each employee +employed by the employer paid sick time to the extent that the employee +is unable to work (or telework) due to a need for leave because: + (1) The employee is subject to a Federal, State, or local + quarantine or isolation order related to COVID-19. + (2) The employee has been advised by a health care provider + to self-quarantine due to concerns related to COVID-19. + (3) The employee is experiencing symptoms of COVID-19 and + seeking a medical diagnosis. + (4) The employee is caring for an individual who is subject + to an order as described in subparagraph (1) or has been + advised as described in paragraph (2). + (5) The employee is caring for a son or daughter of such + employee if the school or place of care of the son or daughter + has been closed, or the child care provider of such son or + daughter is unavailable, due to COVID-19 precautions. + (6) The employee is experiencing any other substantially + similar condition specified by the Secretary of Health and + Human Services in consultation with the Secretary of the + Treasury and the Secretary of Labor. +Except that an employer of an employee who is a health care provider or +an emergency responder may elect to exclude such employee from the +application of this subsection. + (b) Duration of Paid Sick Time.-- + (1) In general.--An employee shall be entitled to paid sick + time for an amount of hours determined under paragraph (2). + (2) Amount of hours.--The amount of hours of paid sick time + to which an employee is entitled shall be as follows: + (A) For full-time employees, 80 hours. + (B) For part-time employees, a number of hours + equal to the number of hours that such employee works, + on average, over a 2-week period. + (3) Carryover.--Paid sick time under this section shall not + carry over from 1 year to the next. + (c) Employer's Termination of Paid Sick Time.--Paid sick time +provided to an employee under this Act shall cease beginning with the +employee's next scheduled workshift immediately following the +termination of the need for paid sick time under subsection (a). + (d) Prohibition.--An employer may not require, as a condition of +providing paid sick time under this Act, that the employee involved +search for or find a replacement employee to cover the hours during +which the employee is using paid sick time. + (e) Use of Paid Sick Time.-- + (1) In general.--The paid sick time under subsection (a) + shall be available for immediate use by the employee for the + purposes described in such subsection, regardless of how long + the employee has been employed by an employer. + (2) Sequencing.-- + (A) In general.--An employee may first use the paid + sick time under subsection (a) for the purposes + described in such subsection. + (B) Prohibition.--An employer may not require an + employee to use other paid leave provided by the + employer to the employee before the employee uses the + paid sick time under subsection (a). + +SEC. 5103. NOTICE. + + (a) In General.--Each employer shall post and keep posted, in +conspicuous places on the premises of the employer where notices to +employees are customarily posted, a notice, to be prepared or approved +by the Secretary of Labor, of the requirements described in this Act. + (b) Model Notice.--Not later than 7 days after the date of +enactment of this Act, the Secretary of Labor shall make publicly +available a model of a notice that meets the requirements of subsection +(a). + +SEC. 5104. PROHIBITED ACTS. + + It shall be unlawful for any employer to discharge, discipline, or +in any other manner discriminate against any employee who-- + (1) takes leave in accordance with this Act; and + (2) has filed any complaint or instituted or caused to be + instituted any proceeding under or related to this Act + (including a proceeding that seeks enforcement of this Act), or + has testified or is about to testify in any such proceeding. + +SEC. 5105. ENFORCEMENT. + + (a) Unpaid Sick Leave.--An employer who violates section 5102 +shall-- + (1) be considered to have failed to pay minimum wages in + violation of section 6 of the Fair Labor Standards Act of 1938 + (29 U.S.C. 206); and + (2) be subject to the penalties described in sections 16 + and 17 of such Act (29 U.S.C. 216; 217) with respect to such + violation. + (b) Unlawful Termination.--An employer who willfully violates +section 5104 shall-- + (1) be considered to be in violation of section 15(a)(3) of + the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and + (2) be subject to the penalties described in sections 16 + and 17 of such Act (29 U.S.C. 216; 217) with respect to such + violation. + +SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS. + + (a) Employers.--An employer signatory to a multiemployer collective +bargaining agreement may, consistent with its bargaining obligations +and its collective bargaining agreement, fulfill its obligations under +this Act by making contributions to a multiemployer fund, plan, or +program based on the hours of paid sick time each of its employees is +entitled to under this Act while working under the multiemployer +collective bargaining agreement, provided that the fund, plan, or +program enables employees to secure pay from such fund, plan, or +program based on hours they have worked under the multiemployer +collective bargaining agreement and for the uses specified under +section 5102(a). + (b) Employees.--Employees who work under a multiemployer collective +bargaining agreement into which their employers make contributions as +provided in subsection (a) may secure pay from such fund, plan, or +program based on hours they have worked under the multiemployer +collective bargaining agreement for the uses specified in section +5102(a). + +SEC. 5107. RULES OF CONSTRUCTION. + + Nothing in this Act shall be construed-- + (1) to in any way diminish the rights or benefits that an + employee is entitled to under any-- + (A) other Federal, State, or local law; + (B) collective bargaining agreement; or + (C) existing employer policy; or + (2) to require financial or other reimbursement to an + employee from an employer upon the employee's termination, + resignation, retirement, or other separation from employment + for paid sick time under this Act that has not been used by + such employee. + +SEC. 5108. EFFECTIVE DATE. + + This Act, and the requirements under this Act, shall take effect +not later than 15 days after the date of enactment of this Act. + +SEC. 5109. SUNSET. + + This Act, and the requirements under this Act, shall expire on +December 31, 2020. + +SEC. 5110. DEFINITIONS. + + For purposes of the Act: + (1) Employee.--The terms ``employee'' means an individual who is-- (A)(i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. - 203(e)), who is not covered under subparagraph (E), - including such an employee of the Library of Congress, - except that a reference in such section to an employer - shall be considered to be a reference to an employer - described in clauses (i)(I) and (ii) of paragraph - (5)(A); or + 203(e)), who is not covered under subparagraph (E) or + (F), including such an employee of the Library of + Congress, except that a reference in such section to an + employer shall be considered to be a reference to an + employer described in clauses (i)(I) and (ii) of + paragraph (5)(A); or (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of @@ -1217,11 +1141,14 @@ SEC. 102. DEFINITIONS. of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment; (D) a covered employee, as defined in section - 411(c) of title 3, United States Code; or + 411(c) of title 3, United States Code; (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States - Code. - (5) Employer.-- + Code; or + (F) any other individual occupying a position in + the civil service (as that term is defined in section + 2101(1) of title 5, United States Code). + (2) Employer.-- (A) In general.--The term ``employer'' means a person who is-- (i)(I) a covered employer, as defined in @@ -1236,9 +1163,10 @@ SEC. 102. DEFINITIONS. (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or - (V) an employing agency covered under - subchapter V of chapter 63 of title 5, United - States Code; and + (V) an Executive Agency as defined in + section 105 of title 5, United States Code, and + including the U.S. Postal Service and the + Postal Regulatory Commission; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as @@ -1248,14 +1176,25 @@ SEC. 102. DEFINITIONS. the term ``covered employer''-- (I) means any person engaged in commerce or in any industry or activity - affecting commerce who employs 1 or - more employees; + affecting commerce that-- + (aa) in the case of a + private entity or individual, + employs fewer than 500 + employees; and + (bb) in the case of a + public agency or any other + entity that is not a private + entity or individual, employs 1 + or more employees; (II) includes-- - (aa) any person who acts, - directly or indirectly, in the - interest of an employer to any - of the employees of such - employer; and + (aa) includes any person + acting directly or indirectly + in the interest of an employer + in relation to an employee + (within the meaning of such + phrase in section 3(d) of the + Fair Labor Standards Act of + 1938 (29 U.S.C. 203(d)); and (bb) any successor in interest of an employer; (III) includes any ``public @@ -1273,16 +1212,16 @@ SEC. 102. DEFINITIONS. subparagraph: (I) Commerce.--The terms ``commerce'' and ``industry or activity - affecting commerce'' mean any activity, - business, or industry in commerce or in - which a labor dispute would hinder or - obstruct commerce or the free flow of - commerce, and include ``commerce'' and - any ``industry affecting commerce'', as - defined in paragraphs (1) and (3) of - section 501 of the Labor Management - Relations Act, 1947 (29 U.S.C. 142 (1) - and (3)). + affecting commerce'' means any + activity, business, or industry in + commerce or in which a labor dispute + would hinder or obstruct commerce or + the free flow of commerce, and include + ``commerce'' and any ``industry + affecting commerce'', as defined in + paragraphs (1) and (3) of section 501 + of the Labor Management Relations Act + of 1947 (29 U.S.C. 142 (1) and (3)). (II) Employee.--The term ``employee'' has the same meaning given such term in section 3(e) of the Fair @@ -1293,897 +1232,110 @@ SEC. 102. DEFINITIONS. section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)). - (C) Predecessors.--Any reference in this paragraph - to an employer shall include a reference to any - predecessor of such employer. - (6) Employment benefits.--The term ``employment benefits'' - means all benefits provided or made available to employees by - an employer, including group life insurance, health insurance, - disability insurance, sick leave, annual leave, educational - benefits, and pensions, regardless of whether such benefits are - provided by a practice or written policy of an employer or - through an ``employee benefit plan'', as defined in section - 3(3) of the Employee Retirement Income Security Act of 1974 (29 - U.S.C. 1002(3)). - (7) Health care provider.--The term ``health care - provider'' means a provider who-- - (A)(i) is a doctor of medicine or osteopathy who is - authorized to practice medicine or surgery (as - appropriate) by the State in which the doctor - practices; or - (ii) is any other person determined by the - Secretary to be capable of providing health care - services; and - (B) is not employed by an employer for whom the - provider issues certification under this Act. - (8) Paid sick time.--The term ``paid sick time'' means an - increment of compensated leave that-- - (A) can be-- - (i) earned by an employee for use during an - absence from employment for a reason described - in any paragraph of section 3(b); or - (ii) provided by an employer during a - public health emergency for use during an - absence from employment for a reason described - in any paragraph of section 3(b); and - (B) is compensated at a rate that is not less than - the greatest of-- - (i) the employee's regular rate of pay; - (ii) the minimum wage rate provided for in - section 6(a)(1) of the Fair Labor Standards Act - of 1938 (29 U.S.C. 206(a)(1)); or - (iii) the minimum wage rate provided for in - the applicable State or local law for the State - or locality in which the employee is employed. - (9) Parent.--The term ``parent'' means a biological, - foster, or adoptive parent of an employee, a stepparent of an - employee, parent-in-law, parent of a domestic partner, or a - legal guardian or other person who stood in loco parentis to an - employee when the employee was a child. - (10) Public health emergency.--The term ``public health - emergency'' means a public health emergency-- - (A) declared by the Secretary of Health and Human - Services for a jurisdiction, or by a State public - health official with authority to declare such an - emergency for the State or jurisdiction within the - State; and - (B) due to a public health condition that is-- - (i) emergent and acute; and - (ii) not a longstanding, chronic public - health condition. - (11) Secretary.--The term ``Secretary'' means the Secretary - of Labor. - (12) Sexual assault.--The term ``sexual assault'' has the - meaning given the term in section 40002(a) of the Violence - Against Women Act of 1994 (34 U.S.C. 12291(a)). - (13) Spouse.--The term ``spouse'', with respect to an - employee, has the meaning given such term by the marriage laws - of the State in which the marriage was celebrated. - (14) Stalking.--The term ``stalking'' has the meaning given - the term in section 40002(a) of the Violence Against Women Act - of 1994 (34 U.S.C. 12291(a)). - (15) State.--The term ``State'' has the meaning given the - term in section 3 of the Fair Labor Standards Act of 1938 (29 - U.S.C. 203). - (16) Victim services organization.--The term ``victim - services organization'' means a nonprofit, nongovernmental - organization that provides assistance to victims of domestic - violence, sexual assault, or stalking or advocates for such - victims, including a rape crisis center, an organization - carrying out a domestic violence, sexual assault, or stalking - prevention or treatment program, an organization operating a - shelter or providing counseling services, or a legal services - organization or other organization providing assistance through - the legal process. - -SEC. 103. PAID SICK TIME. - - (a) Earning of Paid Sick Time.-- - (1) In general.-- - (A) Earning.--Subject to subsection (c) and - paragraph (2), an employer shall provide each employee - employed by the employer not less than 1 hour of earned - paid sick time for every 30 hours worked, to be used as - described in subsection (b). - (B) Limit.--An employer shall not be required to - permit an employee to earn, under this subsection, more - than 56 hours of paid sick time in a year, unless the - employer chooses to set a higher limit. - (2) Exempt employees.-- - (A) In general.--Except as provided in paragraph - (3), for purposes of this subsection, an employee who - is exempt from overtime requirements under section - 13(a)(1) of the Fair Labor Standards Act of 1938 (29 - U.S.C. 213(a)(1)) shall be assumed to work 40 hours in - each workweek. - (B) Shorter normal workweek.--If the normal - workweek of such an employee is less than 40 hours, the - employee shall earn paid sick time under this - subsection based upon that normal workweek. - (3) Dates for beginning to earn paid sick time and use.-- - (A) In general.--Employees shall begin to earn paid - sick time under this subsection at the commencement of - their employment. An employee shall be entitled to use - the earned paid sick time beginning on the 60th - calendar day following commencement of the employee's - employment. After that 60th calendar day, the employee - may use the paid sick time as the time is earned. An - employer may, at the discretion of the employer, loan - paid sick time to an employee for use by such employee - in advance of the employee earning such sick time as - provided in this subsection and may permit use before - the 60th day of employment. - (B) Public health emergency.--Subparagraph (A) - shall not apply with respect to additional paid sick - time provided under subsection (c). In the event of a - public health emergency, an employee may immediately - use the additional or accrued paid sick time described - in subsection (c), regardless of how long the employee - has been employed by an employer. - (4) Carryover.-- - (A) In general.--Except as provided in subparagraph - (B), paid sick time earned under this subsection shall - carry over from 1 year to the next. - (B) Construction.--This subsection shall not be - construed to require an employer to permit an employee - to earn more than 56 hours of earned paid sick time at - a given time. - (5) Employers with existing policies.--Any employer with a - paid leave policy who makes available an amount of paid leave - that is sufficient to meet the requirements of this subsection - and that may be used for the same purposes and under the same - conditions as the purposes and conditions outlined in - subsection (b) shall not be required to permit an employee to - earn more paid sick time under this subsection. - (6) Construction.--Nothing in this section shall be - construed as requiring financial or other reimbursement to an - employee from an employer upon the employee's termination, - resignation, retirement, or other separation from employment - for earned paid sick time that has not been used. - (7) Employment under multiemployer bargaining agreements.-- - (A) An employer signatory to a multiemployer - collective bargaining agreement may fulfill its - obligations under this Act by making contributions to a - multiemployer fund, plan or program based on the hours - each of its employees accrues pursuant to this - subsection (a) while working under the multiemployer - collective bargaining agreement, provided that the - fund, plan or program enables employees to secure pay - from such fund, plan or program based on hours they - have worked under the multiemployer collective - bargaining agreement and for the uses specified under - subsections (b)(1), (2), (6) and (7). - (B) Employees who work under a multiemployer - collective bargaining agreement into which their - employers make contributions as provided in - subparagraph (A) may secure pay from such fund, plan or - program based on hours they have worked under the - multiemployer collective bargaining agreement for the - uses specified under subsections (b)(1), (2), (6) and - (7). - (8) Reinstatement.--If an employee is separated from - employment with an employer and is rehired, within 12 months - after that separation, by the same employer, the employer shall - reinstate the employee's previously earned paid sick time under - this subsection. The employee shall be entitled to use the - earned paid sick time and earn more paid sick time at the - recommencement of employment with the employer. - (9) Prohibition.--An employer may not require, as a - condition of providing paid sick time under this Act, that the - employee involved search for or find a replacement employee to - cover the hours during which the employee is using paid sick - time. - (10) Scheduling.--An employee shall make a reasonable - effort to schedule a period of accrued paid sick time under - this subsection in a manner that does not unduly disrupt the - operations of the employer. - (b) Uses.--Paid sick time under this section may be used by an -employee for any of the following: - (1) An absence resulting from a physical or mental illness, - injury, or medical condition of the employee. - (2) An absence resulting from obtaining professional - medical diagnosis or care, or preventive medical care, for the - employee. - (3) An absence resulting from the closure of an employee's - place of employment by order of a Federal or State public - official with jurisdiction, or at the employer's discretion, - due to a public health emergency. - (4) An absence because a Federal or State public official - with jurisdiction or a health care provider has determined that - the employee's presence in the community may jeopardize the - health of others because of the employee's exposure to a - communicable disease during a public health emergency, - regardless of whether the employee has actually contracted the - communicable disease. - (5) An absence for the purpose of caring for a child, a - parent, a spouse, a domestic partner, or any other individual - related by blood or affinity whose close association with the - employee is the equivalent of a family relationship-- - (A) who is a child, if the child's school or place - of care has been closed by order of a Federal or State - public official with jurisdiction or at the discretion - of the school or place of care due to a public health - emergency, including if a school or entity operating - the place of care is physically closed but is providing - education or care to the child remotely; or - (B) because a Federal or State public official with - jurisdiction or a health care provider has determined - that the presence in the community of the person - receiving care may jeopardize the health of others - because of the person's exposure to a communicable - disease during a public health emergency, regardless of - whether the person has actually contracted the - communicable disease. - (6) An absence for the purpose of caring for a child, a - parent, a spouse, a domestic partner, or any other individual - related by blood or affinity whose close association with the - employee is the equivalent of a family relationship-- - (A) who has any of the conditions or needs for - diagnosis or care described in paragraph (1) or (2); - (B) who is a child, if the employee is required to - attend a school meeting or a meeting at a place where - the child is receiving care necessitated by the child's - health condition or disability; or - (C) who is otherwise in need of care. - (7) An absence resulting from domestic violence, sexual - assault, or stalking, if the time is to-- - (A) seek medical attention for the employee or the - employee's child, parent, spouse, domestic partner, or - an individual related to the employee as described in - paragraph (6), to recover from physical or - psychological injury or disability caused by domestic - violence, sexual assault, or stalking; - (B) obtain or assist a related person described in - paragraph (6) in obtaining services from a victim - services organization; - (C) obtain or assist a related person described in - paragraph (6) in obtaining psychological or other - counseling; - (D) seek relocation; or - (E) take legal action, including preparing for or - participating in any civil or criminal legal proceeding - related to or resulting from domestic violence, sexual - assault, or stalking. - (c) Additional Paid Sick Time for Public Health Emergency.-- - (1) Additional paid sick time.--On the date of a - declaration of a public health emergency, an employer in the - jurisdiction involved shall provide each employee of the - employer in that jurisdiction with additional paid sick time, - in addition to any amount of paid sick time accrued by the - employee under subsection (a) (including paid leave referred to - in subsection (a)(4)). - (2) Amount of paid sick time.--In receiving additional paid - sick time under paragraph (1), the employee shall receive-- - (A) for a full-time salaried employee, a specified - amount of paid sick time that is sufficient to provide - the employee with 14 continuous days away from work - without a reduction in pay; and - (B) for a part-time or hourly employee, a specified - amount of paid sick time equal to the number of hours - that the employee was scheduled to work or, if not so - scheduled, regularly works in a 14-day period. - (3) Use of leave.--The additional sick time and accrued - sick time described in this subsection shall be available for - immediate use by the employee for the purposes described in any - paragraph of subsection (b) beginning on the date a public - health emergency is declared, regardless of how long the - employee has been employed by an employer. - (4) Sequencing.--During the public health emergency, an - employee may first use the additional sick time for those - purposes. The employee may then use the accrued sick time - during the public health emergency, or retain the accrued sick - time for use after the public health emergency. An employer may - not require an employee to use the accrued sick time, or any - other paid leave provided by the employer to the employee, - before using the additional sick time. - (5) Periods.--An employee may take the additional sick time - on the schedule that meets the employee's needs, consistent - with subsection (b), including taking the additional sick time - intermittently or on a reduced leave schedule, and an employer - may not require an employee to take the additional sick time in - a single period or on any other schedule specified by the - employer. - (6) Reimbursement for wages.-- - (A) Definition.--In this paragraph, the term - ``qualified employer'' means an employer who employs 50 - or fewer employees. - (B) Reimbursement.--A qualified employer of an - employee who uses additional paid sick time under this - subsection during a public health emergency shall be - reimbursed by the Secretary of the Treasury for the - wages paid to the employee for the period during which - the employee used the additional paid sick time. - (C) Process.--To be eligible to receive such - reimbursement, the qualified employer shall submit to - the Secretary of Labor an affidavit that attests that - the employer provided such additional paid sick time, - and related records showing the period of and wages - associated with the additional paid sick time. On the - Secretary's determination that the employer provided an - amount of such additional paid sick time to an - employee, the Secretary shall transmit the affidavit - and records to the Secretary of the Treasury, and that - Secretary shall provide timely reimbursement. - (d) Procedures.-- - (1) In general.--Paid sick time shall be provided upon the - oral or written request of an employee. Such request shall-- - (A) include the expected duration of the period of - such time; - (B) in a case in which the need for such period of - time is foreseeable at least 7 days in advance of such - period, be provided at least 7 days in advance of such - period; and - (C) otherwise, be provided as soon as practicable - after the employee is aware of the need for such - period. - (2) Certification in general.-- - (A) Provision.-- - (i) In general.--Subject to subparagraphs - (C) and (D), an employer may require that a - request for paid sick time under this section - for a purpose described in paragraph (1), (2), - or (6) of subsection (b) be supported by a - certification issued by the health care - provider of the eligible employee or of an - individual described in subsection (b)(6), as - appropriate, if the period of such time covers - more than 3 consecutive workdays. - (ii) Timeliness.--The employee shall - provide a copy of such certification to the - employer in a timely manner, not later than 30 - days after the first day of the period of time. - The employer shall not delay the commencement - of the period of time on the basis that the - employer has not yet received the - certification. - (B) Sufficient certification.-- - (i) In general.--A certification provided - under subparagraph (A) shall be sufficient if - it states-- - (I) the date on which the period of - time will be needed; - (II) the probable duration of the - period of time; - (III) the appropriate medical facts - within the knowledge of the health care - provider regarding the condition - involved, subject to clause (ii); and - (IV)(aa) for purposes of paid sick - time under subsection (b)(1), a - statement that absence from work is - medically necessary; - (bb) for purposes of such time - under subsection (b)(2), the dates on - which testing for a medical diagnosis - or care is expected to be given and the - duration of such testing or care; and - (cc) for purposes of such time - under subsection (b)(6), in the case of - time to care for someone who is not a - child, a statement that care is needed - for an individual described in such - subsection, and an estimate of the - amount of time that such care is needed - for such individual. - (ii) Limitation.--In issuing a - certification under subparagraph (A), a health - care provider shall make reasonable efforts to - limit the medical facts described in clause - (i)(III) that are disclosed in the - certification to the minimum necessary to - establish a need for the employee to utilize - paid sick time. - (C) Public health emergencies.--No certification or - other documentation may be required under this Act by - an employer during any public health emergency. - (D) Regulations.--Regulations prescribed under - section 12 shall specify the manner in which an - employee who does not have health insurance shall - provide a certification for purposes of this paragraph. - (E) Confidentiality and nondisclosure.-- - (i) Protected health information.--Nothing - in this Act shall be construed to require a - health care provider to disclose information in - violation of section 1177 of the Social - Security Act (42 U.S.C. 1320d-6) or the - regulations promulgated pursuant to section - 264(c) of the Health Insurance Portability and - Accountability Act of 1996 (42 U.S.C. 1320d-2 - note). - (ii) Health information records.--If an - employer possesses health information about an - employee or an employee's child, parent, - spouse, domestic partner, or an individual - related to the employee as described in - subsection (b)(6), such information shall-- - (I) be maintained on a separate - form and in a separate file from other - personnel information; - (II) be treated as a confidential - medical record; and - (III) not be disclosed except to - the affected employee or with the - permission of the affected employee. - (3) Certification in the case of domestic violence, sexual - assault, or stalking.-- - (A) In general.--An employer may require that a - request for paid sick time under this section for a - purpose described in subsection (b)(7) be supported by - any one of the following forms of documentation, but - the employer may not specify the particular form of - documentation to be provided: - (i) A police report indicating that the - employee, or a member of the employee's family - described in subsection (b)(7), was a victim of - domestic violence, sexual assault, or stalking. - (ii) A court order protecting or separating - the employee or a member of the employee's - family described in subsection (b)(7) from the - perpetrator of an act of domestic violence, - sexual assault, or stalking, or other evidence - from the court or prosecuting attorney that the - employee or a member of the employee's family - described in subsection (b)(7) has appeared in - court or is scheduled to appear in court in a - proceeding related to domestic violence, sexual - assault, or stalking. - (iii) Other documentation signed by an - employee or volunteer working for a victim - services organization, an attorney, a police - officer, a medical professional, a social - worker, an antiviolence counselor, or a member - of the clergy, affirming that the employee or a - member of the employee's family described in - subsection (b)(7) is a victim of domestic - violence, sexual assault, or stalking. - (B) Requirements.--The requirements of paragraph - (2) shall apply to certifications under this paragraph, - except that-- - (i) subclauses (III) and (IV) of - subparagraph (B)(i) and subparagraph (B)(ii) of - such paragraph shall not apply; - (ii) the certification shall state the - reason that the leave is required with the - facts to be disclosed limited to the minimum - necessary to establish a need for the employee - to be absent from work, and the employee shall - not be required to explain the details of the - domestic violence, sexual assault, or stalking - involved; and - (iii) with respect to confidentiality under - subparagraph (E) of such paragraph, any - information provided to the employer under this - paragraph shall be confidential, except to the - extent that any disclosure of such information - is-- - (I) requested or consented to in - writing by the employee; or - (II) otherwise required by - applicable Federal or State law. - -SEC. 104. NOTICE REQUIREMENT. - - (a) In General.--Each employer shall notify each employee and -include in any employee handbook the information described in -paragraphs (1) through (4). Each employer shall post and keep posted a -notice, to be prepared or approved in accordance with procedures -specified in regulations prescribed under section 12, setting forth -excerpts from, or summaries of, the pertinent provisions of this Act -including-- - (1) information describing paid sick time available to - employees under this Act; - (2) information pertaining to the filing of an action under - this Act; - (3) the details of the notice requirement for a foreseeable - period of time under section 5(e)(1)(B); and - (4) information that describes-- - (A) the protections that an employee has in - exercising rights under this Act; and - (B) how the employee can contact the Secretary (or - other appropriate authority as described in section 6) - if any of the rights are violated. - (b) Location.--The notice described under subsection (a) shall be -posted-- - (1) in conspicuous places on the premises of the employer, - where notices to employees (including applicants) are - customarily posted; or - (2) in employee handbooks. - (c) Violation; Penalty.--Any employer who willfully violates the -posting requirements of this section shall be subject to a civil fine -in an amount not to exceed $100 for each separate offense. - -SEC. 105. PROHIBITED ACTS. - - (a) Interference With Rights.-- - (1) Exercise of rights.--It shall be unlawful for any - employer to interfere with, restrain, or deny the exercise of, - or the attempt to exercise, any right provided under this Act, - including-- - (A) discharging or discriminating against - (including retaliating against) any individual, - including a job applicant, for exercising, or - attempting to exercise, any right provided under this - Act; - (B) using the taking of paid sick time under this - Act as a negative factor in an employment action, such - as hiring, promotion, reducing hours or number of - shifts, or a disciplinary action; or - (C) counting the paid sick time under a no-fault - attendance policy or any other absence control policy. - (2) Discrimination.--It shall be unlawful for any employer - to discharge or in any other manner discriminate against - (including retaliating against) any individual, including a job - applicant, for opposing any practice made unlawful by this Act. - (b) Interference With Proceedings or Inquiries.--It shall be -unlawful for any person to discharge or in any other manner -discriminate against (including retaliating against) any individual, -including a job applicant, because such individual-- - (1) has filed an action, or has instituted or caused to be - instituted any proceeding, under or related to this Act; - (2) has given, or is about to give, any information in - connection with any inquiry or proceeding relating to any right - provided under this Act; or - (3) has testified, or is about to testify, in any inquiry - or proceeding relating to any right provided under this Act. - (c) Construction.--Nothing in this section shall be construed to -state or imply that the scope of the activities prohibited by section -105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) is -less than the scope of the activities prohibited by this section. - -SEC. 106. ENFORCEMENT AUTHORITY. - - (a) In General.-- - (1) Definition.--In this subsection-- - (A) the term ``employee'' means an employee - described in subparagraph (A) or (B) of section 2(4); - and - (B) the term ``employer'' means an employer - described in subclause (I) or (II) of section - 2(5)(A)(i). - (2) Investigative authority.-- - (A) In general.--To ensure compliance with the - provisions of this Act, or any regulation or order - issued under this Act, the Secretary shall have, - subject to subparagraph (C), the investigative - authority provided under section 11(a) of the Fair - Labor Standards Act of 1938 (29 U.S.C. 211(a)), with - respect to employers, employees, and other individuals - affected. - (B) Obligation to keep and preserve records.--An - employer shall make, keep, and preserve records - pertaining to compliance with this Act in accordance - with section 11(c) of the Fair Labor Standards Act of - 1938 (29 U.S.C. 211(c)) and in accordance with - regulations prescribed by the Secretary. - (C) Required submissions generally limited to an - annual basis.--The Secretary shall not require, under - the authority of this paragraph, an employer to submit - to the Secretary any books or records more than once - during any 12-month period, unless the Secretary has - reasonable cause to believe there may exist a violation - of this Act or any regulation or order issued pursuant - to this Act, or is investigating a charge pursuant to - paragraph (4). - (D) Subpoena authority.--For the purposes of any - investigation provided for in this paragraph, the - Secretary shall have the subpoena authority provided - for under section 9 of the Fair Labor Standards Act of - 1938 (29 U.S.C. 209). - (3) Civil action by employees or individuals.-- - (A) Right of action.--An action to recover the - damages or equitable relief prescribed in subparagraph - (B) may be maintained against any employer in any - Federal or State court of competent jurisdiction by one - or more employees or individuals or their - representative for and on behalf of-- - (i) the employees or individuals; or - (ii) the employees or individuals and - others similarly situated. - (B) Liability.--Any employer who violates section 5 - (including a violation relating to rights provided - under section 3) shall be liable to any employee or - individual affected-- - (i) for damages equal to-- - (I) the amount of-- - (aa) any wages, salary, - employment benefits, or other - compensation denied or lost by - reason of the violation; or - (bb) in a case in which - wages, salary, employment - benefits, or other compensation - have not been denied or lost, - any actual monetary losses - sustained as a direct result of - the violation up to a sum equal - to 56 hours of wages or salary - for the employee or individual, - or the specified period - described in section 3(c)(3), - or a combination of those hours - and that period, as the case - may be; - (II) the interest on the amount - described in subclause (I) calculated - at the prevailing rate; and - (III) an additional amount as - liquidated damages; and - (ii) for such equitable relief as may be - appropriate, including employment, - reinstatement, and promotion. - (C) Fees and costs.--The court in an action under - this paragraph shall, in addition to any judgment - awarded to the plaintiff, allow a reasonable attorney's - fee, reasonable expert witness fees, and other costs of - the action to be paid by the defendant. - (4) Action by the secretary.-- - (A) Administrative action.--The Secretary shall - receive, investigate, and attempt to resolve complaints - of violations of section 5 (including a violation - relating to rights provided under section 3) in the - same manner that the Secretary receives, investigates, - and attempts to resolve complaints of violations of - sections 6 and 7 of the Fair Labor Standards Act of - 1938 (29 U.S.C. 206 and 207). - (B) Civil action.--The Secretary may bring an - action in any court of competent jurisdiction to - recover the damages described in paragraph (3)(B)(i). - (C) Sums recovered.--Any sums recovered by the - Secretary pursuant to subparagraph (B) shall be held in - a special deposit account and shall be paid, on order - of the Secretary, directly to each employee or - individual affected. Any such sums not paid to an - employee or individual affected because of inability to - do so within a period of 3 years shall be deposited - into the Treasury of the United States as miscellaneous - receipts. - (5) Limitation.-- - (A) In general.--Except as provided in subparagraph - (B), an action may be brought under paragraph (3), (4), - or (6) not later than 2 years after the date of the - last event constituting the alleged violation for which - the action is brought. - (B) Willful violation.--In the case of an action - brought for a willful violation of section 5 (including - a willful violation relating to rights provided under - section 3), such action may be brought within 3 years - of the date of the last event constituting the alleged - violation for which such action is brought. - (C) Commencement.--In determining when an action is - commenced under paragraph (3), (4), or (6) for the - purposes of this paragraph, it shall be considered to - be commenced on the date when the complaint is filed. - (6) Action for injunction by secretary.--The district - courts of the United States shall have jurisdiction, for cause - shown, in an action brought by the Secretary-- - (A) to restrain violations of section 5 (including - a violation relating to rights provided under section - 3), including the restraint of any withholding of - payment of wages, salary, employment benefits, or other - compensation, plus interest, found by the court to be - due to employees or individuals eligible under this - Act; or - (B) to award such other equitable relief as may be - appropriate, including employment, reinstatement, and - promotion. - (7) Solicitor of labor.--The Solicitor of Labor may appear - for and represent the Secretary on any litigation brought under - paragraph (4) or (6). - (8) Government accountability office and library of - congress.--Notwithstanding any other provision of this - subsection, in the case of the Government Accountability Office - and the Library of Congress, the authority of the Secretary of - Labor under this subsection shall be exercised respectively by - the Comptroller General of the United States and the Librarian - of Congress. - (b) Employees Covered by Congressional Accountability Act of -1995.--The powers, remedies, and procedures provided in the -Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the -Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any -person, alleging a violation of subsection (a)(1) of section 202 of -that Act (2 U.S.C. 1312) shall be the powers, remedies, and procedures -this Act provides to that Board, or any person, alleging an unlawful -employment practice in violation of this Act against an employee -described in section 2(4)(C). - (c) Employees Covered by Chapter 5 of Title 3, United States -Code.--The powers, remedies, and procedures provided in chapter 5 of -title 3, United States Code, to the President, the Merit Systems -Protection Board, or any person, alleging a violation of section -412(a)(1) of that title, shall be the powers, remedies, and procedures -this Act provides to the President, that Board, or any person, -respectively, alleging an unlawful employment practice in violation of -this Act against an employee described in section 2(4)(D). - (d) Employees Covered by Chapter 63 of Title 5, United States -Code.--The powers, remedies, and procedures provided in title 5, United -States Code, to an employing agency, provided in chapter 12 of that -title to the Merit Systems Protection Board, or provided in that title -to any person, alleging a violation of chapter 63 of that title shall -be the powers, remedies, and procedures this Act provides to that -agency, that Board, or any person, respectively, alleging an unlawful -employment practice in violation of this Act against an employee -described in section 2(4)(E). - (e) Remedies for State Employees.-- - (1) Waiver of sovereign immunity.--A State's receipt or use - of Federal financial assistance for any program or activity of - a State shall constitute a waiver of sovereign immunity, under - the 11th Amendment to the Constitution or otherwise, to a suit - brought by an employee of that program or activity under this - Act for equitable, legal, or other relief authorized under this - Act. - (2) Official capacity.--An official of a State may be sued - in the official capacity of the official by any employee who - has complied with the procedures under subsection (a)(3), for - injunctive relief that is authorized under this Act. In such a - suit the court may award to the prevailing party those costs - authorized by section 722 of the Revised Statutes (42 U.S.C. - 1988). - (3) Applicability.--With respect to a particular program or - activity, paragraph (1) applies to conduct occurring on or - after the day, after the date of enactment of this Act, on - which a State first receives or uses Federal financial - assistance for that program or activity. - (4) Definition of program or activity.--In this subsection, - the term ``program or activity'' has the meaning given the term - in section 606 of the Civil Rights Act of 1964 (42 U.S.C. - 2000d-4a). - -SEC. 107. EDUCATION AND OUTREACH. - - The Secretary may conduct a public awareness campaign to educate -and inform the public of the requirements for paid sick time required -by this Act. - -SEC. 108. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY. - - (a) Compilation of Information.--The Commissioner of Labor -Statistics shall annually compile information on the following: - (1) The amount of paid sick time available to employees by - occupation and type of employment establishment. - (2) An estimate of the average sick time used by employees - according to occupation and the type of employment - establishment. - (b) GAO Study.--Not later than 5 years after the date of enactment -of this Act, the Comptroller General of the United States shall conduct -a study to evaluate the implementation of this Act. Such study shall -include an estimation of employees' access to paid sick time, -employees' awareness of their rights under this Act, and employers' -experiences complying with this Act. Such study shall take into account -access, awareness and experiences of employees by race, ethnicity, -gender, and occupation. - (c) Report.--Upon completion of the study required by subsection -(b), the Comptroller General of the United States shall prepare and -submit a report to the appropriate committees of Congress concerning -the results of the study and the information compiled pursuant to -subsection (a). - -SEC. 109. EFFECT ON OTHER LAWS. - - (a) Federal and State Antidiscrimination Laws.--Nothing in this Act -shall be construed to modify or affect any Federal or State law -prohibiting discrimination on the basis of race, religion, color, -national origin, sex, age, disability, sexual orientation, gender -identity, marital status, familial status, or any other protected -status. - (b) State and Local Laws.--Nothing in this Act shall be construed -to supersede (including preempting) any provision of any State or local -law that provides greater paid sick time or leave rights (including -greater amounts of paid sick time or leave, or greater coverage of -those eligible for paid sick time or leave) than the rights established -under this Act. - -SEC. 110. EFFECT ON EXISTING EMPLOYMENT BENEFITS. - - (a) More Protective.--Nothing in this Act shall be construed to -diminish the obligation of an employer to comply with any contract, -collective bargaining agreement, or any employment benefit program or -plan that provides greater paid sick leave or other leave rights to -employees or individuals than the rights established under this Act. - (b) Less Protective.--The rights established for employees under -this Act shall not be diminished by any contract, collective bargaining -agreement, or any employment benefit program or plan. - -SEC. 111. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES. - - Nothing in this Act shall be construed to discourage employers from -adopting or retaining leave policies more generous than policies that -comply with the requirements of this Act. - -SEC. 112. REGULATIONS. - - (a) In General.-- - (1) Authority.--Except as provided in paragraph (2) and - subject to subsection (e), not later than 180 days after the - date of enactment of this Act, the Secretary shall prescribe - such regulations as are necessary to carry out this Act with - respect to employees described in subparagraph (A) or (B) of - section 2(4) and other individuals affected by employers - described in subclause (I) or (II) of section 2(5)(A)(i). - (2) Government accountability office; library of - congress.--Subject to subsection (e), the Comptroller General - of the United States and the Librarian of Congress shall - prescribe the regulations with respect to employees of the - Government Accountability Office and the Library of Congress, - respectively, and other individuals affected by the Comptroller - General of the United States and the Librarian of Congress, - respectively. - (b) Employees Covered by Congressional Accountability Act of -1995.-- - (1) Authority.--Subject to subsection (e), not later than - 90 days after the Secretary prescribes regulations under - subsection (a), the Board of Directors of the Office of - Compliance shall prescribe (in accordance with section 304 of - the Congressional Accountability Act of 1995 (2 U.S.C. 1384)) - such regulations as are necessary to carry out this Act with - respect to employees described in section 2(4)(C) and other - individuals affected by employers described in section - 2(5)(A)(i)(III). - (2) Agency regulations.--The regulations prescribed under - paragraph (1) shall be the same as substantive regulations - promulgated by the Secretary to carry out this Act except - insofar as the Board may determine, for good cause shown and - stated together with the regulations prescribed under paragraph - (1), that a modification of such regulations would be more - effective for the implementation of the rights and protections - involved under this section. - (c) Employees Covered by Chapter 5 of Title 3, United States -Code.-- - (1) Authority.--Subject to subsection (e), not later than - 90 days after the Secretary prescribes regulations under - subsection (a), the President (or the designee of the - President) shall prescribe such regulations as are necessary to - carry out this Act with respect to employees described in - section 2(4)(D) and other individuals affected by employers - described in section 2(5)(A)(i)(IV). - (2) Agency regulations.--The regulations prescribed under - paragraph (1) shall be the same as substantive regulations - promulgated by the Secretary to carry out this Act except - insofar as the President (or designee) may determine, for good - cause shown and stated together with the regulations prescribed - under paragraph (1), that a modification of such regulations - would be more effective for the implementation of the rights - and protections involved under this section. - (d) Employees Covered by Chapter 63 of Title 5, United States -Code.-- - (1) Authority.--Subject to subsection (e), not later than - 90 days after the Secretary prescribes regulations under - subsection (a), the Director of the Office of Personnel - Management shall prescribe such regulations as are necessary to - carry out this Act with respect to employees described in - section 2(4)(E) and other individuals affected by employers - described in section 2(5)(A)(i)(V). - (2) Agency regulations.--The regulations prescribed under - paragraph (1) shall be the same as substantive regulations - promulgated by the Secretary to carry out this Act except - insofar as the Director may determine, for good cause shown and - stated together with the regulations prescribed under paragraph - (1), that a modification of such regulations would be more - effective for the implementation of the rights and protections - involved under this section. - (e) Immediate Compliance.--The rights and responsibilities -specified in this Act shall take effect on the date of enactment of -this Act and employers and other persons subject to those -responsibilities shall comply immediately, without regard whether -regulations have been prescribed under this section. - -SEC. 113. AUTHORIZATION OF APPROPRIATIONS. - - There are authorized to be appropriated to carry out this Act such -sums as may be necessary for fiscal year 2020 and each subsequent -fiscal year. - -SEC. 114. EFFECTIVE DATES. - - (a) In General.--This Act takes effect on the date of enactment of -this Act. - (b) Previous Declarations.--If a public health emergency was -declared before and remains in effect on the date of enactment of this -Act, for purposes of this Act (and in particular section 3(c) of this -Act) the public health emergency shall be considered to have been -declared on the date of enactment of this Act. - - DIVISION G--HEALTH PROVISIONS - -SEC. 101. COVERAGE OF TESTING FOR COVID-19. + (3) FLSA terms.--The terms ``employ'' and ``State'' have + the meanings given such terms in section 3 of the Fair Labor + Standards Act of 1938 (29 U.S.C. 203). + (4) FMLA terms.--The terms ``health care provider'' and + ``son or daughter'' have the meanings given such terms in + section 101 of the Family and Medical Leave Act of 1993 (29 + U.S.C. 2611). + (5) Paid sick time.-- + (A) In general.--The term ``paid sick time'' means + an increment of compensated leave that-- + (i) is provided by an employer for use + during an absence from employment for a reason + described in any paragraph of section 2(a); and + (ii) is calculated based on the employee's + required compensation under subparagraph (B) + and the number of hours the employee would + otherwise be normally scheduled to work (or the + number of hours calculated under subparagraph + (C)), except that in no event shall such paid + sick time exceed-- + (I) $511 per day and $5,110 in the + aggregate for a use described in + paragraph (1), (2), or (3) of section + 5102(a); and + (II) $200 per day and $2,000 in the + aggregate for a use described in + paragraph (4), (5), or (6) of section + 5102(a). + (B) Required compensation.-- + (i) In general.--Subject to subparagraph + (A)(ii), the employee's required compensation + under this subparagraph shall be not less than + the greater of the following: + (I) The employee's regular rate of + pay (as determined under section 7(e) + of the Fair Labor Standards Act of 1938 + (29 U.S.C. 207(e)). + (II) The minimum wage rate in + effect under section 6(a)(1) of the + Fair Labor Standards Act of 1938 (29 + U.S.C. 206(a)(1)). + (III) The minimum wage rate in + effect for such employee in the + applicable State or locality, whichever + is greater, in which the employee is + employed. + (ii) Special rule for care of family + members.--Subject to subparagraph (A)(ii), with + respect to any paid sick time provided for any + use described in paragraph (4), (5), or (6) of + section 5102(a), the employee's required + compensation under this subparagraph shall be + two-thirds of the amount described in clause + (B)(i). + (C) Varying schedule hours calculation.--In the + case of a part-time employee described in section + 5102(b)(2)(B) whose schedule varies from week to week + to such an extent that an employer is unable to + determine with certainty the number of hours the + employee would have worked if such employee had not + taken paid sick time under section 2(a), the employer + shall use the following in place of such number: + (i) Subject to clause (ii), a number equal + to the average number of hours that the + employee was scheduled per day over the 6-month + period ending on the date on which the employee + takes the paid sick time, including hours for + which the employee took leave of any type. + (ii) If the employee did not work over such + period, the reasonable expectation of the + employee at the time of hiring of the average + number of hours per day that the employee would + normally be scheduled to work. + (D) Guidelines.--Not later than 15 days after the + date of the enactment of this Act, the Secretary of + Labor shall issue guidelines to assist employers in + calculating the amount of paid sick time under + subparagraph (A). + (E) Reasonable notice.--After the first workday (or + portion thereof) an employee receives paid sick time + under this Act, an employer may require the employee to + follow reasonable notice procedures in order to + continue receiving such paid sick time. + +SEC. 5111. REGULATORY AUTHORITIES. + + The Secretary of Labor shall have the authority to issue +regulations for good cause under sections 553(b)(B) and 553(d)(A) of +title 5, United States Code-- + (1) to exclude certain health care providers and emergency + responders from the definition of employee under section + 5110(1) including by allowing the employer of such health care + providers and emergency responders to opt out; + (2) to exempt small businesses with fewer than 50 employees + from the requirements of section 5102(a)(5) when the imposition + of such requirements would jeopardize the viability of the + business as a going concern; and + (3) as necessary, to carry out the purposes of this Act, + including to ensure consistency between this Act and Division C + and Division G of the Families First Coronavirus Response Act. + + DIVISION F--HEALTH PROVISIONS + +SEC. 6001. COVERAGE OF TESTING FOR COVID-19. (a) In General.--A group health plan and a health insurance issuer offering group or individual health insurance coverage (including a @@ -2202,10 +1354,16 @@ beginning on or after the date of the enactment of this Act: section 510(k), 513, 515 or 564 of the Federal Food, Drug, and Cosmetic Act, and the administration of such in vitro diagnostic products. - (2) Health care provider office visits, urgent care center - visits, and emergency room visits that result in an order for - or administration of an in vitro diagnostic product described - in paragraph (1). + (2) Items and services furnished to an individual during + health care provider office visits (which term in this + paragraph includes in-person visits and telehealth visits), + urgent care center visits, and emergency room visits that + result in an order for or administration of an in vitro + diagnostic product described in paragraph (1), but only to the + extent such items and services relate to the furnishing or + administration of such product or to the evaluation of such + individual for purposes of determining the need of such + individual for such product. (b) Enforcement.--The provisions of subsection (a) shall be applied by the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury to group health plans and health insurance @@ -2225,7 +1383,7 @@ of the Public Health Service Act (42 U.S.C. 300gg-91), section 733 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code of 1986, as applicable. -SEC. 102. WAIVING COST SHARING UNDER THE MEDICARE PROGRAM FOR CERTAIN +SEC. 6002. WAIVING COST SHARING UNDER THE MEDICARE PROGRAM FOR CERTAIN VISITS RELATING TO TESTING FOR COVID-19. (a) In General.--Section 1833 of the Social Security Act (42 U.S.C. @@ -2262,12 +1420,17 @@ of subsection (a)(1)(DD): described in subparagraph (B); ``(ii) is furnished during any portion of the emergency period (as defined in section - 1135(g)(1)(B) (beginning on or after the date - of the date of the enactment of this - subsection); and + 1135(g)(1)(B)) (beginning on or after the date + of enactment of this subsection); ``(iii) results in an order for or - administration of a diagnostic test described - in section 1852(a)(1)(B)(iv)(IV). + administration of a clinical diagnostic + laboratory test described in section + 1852(a)(1)(B)(iv)(IV); and + ``(iv) relates to the furnishing or + administration of such test or to the + evaluation of such individual for purposes of + determining the need of such individual for + such test. ``(B) Categories of hcpcs codes.--For purposes of subparagraph (A), the categories of HCPCS evaluation and management services codes are the following: @@ -2278,6 +1441,8 @@ of subsection (a)(1)(DD): ``(v) Domiciliary, rest home, or custodial care services. ``(vi) Home services. + ``(vii) Online digital evaluation and + management services. ``(2) Specified outpatient payment provision.--A specified outpatient payment provision described in this paragraph is any of the following: @@ -2305,7 +1470,7 @@ the Secretary of Health and Human Services may implement the provisions of, including amendments made by, this section through program instruction or otherwise. -SECTION 103. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING UNDER +SECTION 6003. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING UNDER THE MEDICARE ADVANTAGE PROGRAM. (a) In General.--Section 1852(a)(1)(B) of the Social Security Act @@ -2351,7 +1516,7 @@ SECTION 103. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING UNDER the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise. -SECTION 104. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER +SECTION 6004. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER MEDICAID AND CHIP. (a) Medicaid.-- @@ -2387,10 +1552,8 @@ SECTION 104. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER section beginning on or after the date of the enactment of this subparagraph (and the administration of such product), or - ``(G) any medical visit for which payment may be - made under the State plan, that is furnished during any - such portion of such emergency period, and that relates - to testing for COVID-19; and''. + ``(G) COVID-19 testing-related services for which + payment may be made under the State plan; and''. (B) Application to alternative cost sharing.-- Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the @@ -2472,7 +1635,7 @@ provision of this title, any individual who is-- 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by adding at the end the following new sentence: ``Notwithstanding the first sentence of this - section, the Federal medical assistance percentage + subsection, the Federal medical assistance percentage shall be 100 per centum with respect to (and, notwithstanding any other provision of this title, available for) medical assistance provided to uninsured @@ -2488,7 +1651,7 @@ provision of this title, any individual who is-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following paragraph: - ``(9) Certain in vitro diagnostic products for covid-19 + ``(10) Certain in vitro diagnostic products for covid-19 testing.--The child health assistance provided to a targeted low-income child shall include coverage of any in vitro diagnostic product described in section 1905(a)(3)(B) that is @@ -2508,40 +1671,11 @@ provision of this title, any individual who is-- (B) by striking ``category of services described in subsection (c)(1)(D) or'' and inserting ``categories of services described in subsection (c)(1)(D), in vitro - diagnostic products described in subsection (c)(9) (and - administration of such products), visits described in - section 1916(a)(2)(G), or''. - -SEC. 105. LABORATORY REIMBURSEMENT FOR DIAGNOSTIC TESTING FOR COVID-19 - IN UNINSURED INDIVIDUALS. - - (a) Reimbursement.--Through the National Disaster Medical System -under section 2812 of the Public Health Service Act (42 U.S.C. 300hh- -11), and in coordination with the Administrator of the Centers for -Medicare & Medicaid Services, the Secretary of Health and Human -Services shall, subject to the availability of appropriations under -subsection (c), pay the claims of laboratories for reimbursement, as -described in subsection (a)(3)(D) of such section 2812, for health -services consisting of diagnostic testing to detect or diagnose COVID- -19 in uninsured individuals. The amount that will be paid shall be -equal to the amount that would have been paid to a physician or -laboratory under Clinical Laboratory Fee Schedule under section -1833(h)(8) of the Social Security Act. - (b) Definition.--In this section, the term ``uninsured individual'' -means an individual who is not enrolled in-- - (1) a Federal health care program (as defined under section - 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)); or - (2) a group health plan or health insurance coverage - offered by a health insurance issuer in the group or individual - market (as such terms are defined in section 2791 of the Public - Health Service Act (42 U.S.C. 300gg-91)) or a health plan - offered under chapter 89 of title 5, United States Code. - (c) Funding.--To carry out this section, there is authorized to be -appropriated, and there is hereby appropriated, out of amounts in the -Treasury not otherwise obligated, $1,000,000,000, to remain available -until expended. - -SEC. 106. TREATMENT OF PERSONAL RESPIRATORY PROTECTIVE DEVICES AS + diagnostic products described in subsection (c)(10) + (and administration of such products), visits described + in section 1916(a)(2)(G), or''. + +SEC. 6005. TREATMENT OF PERSONAL RESPIRATORY PROTECTIVE DEVICES AS COVERED COUNTERMEASURES. Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. @@ -2565,20 +1699,20 @@ SEC. 106. TREATMENT OF PERSONAL RESPIRATORY PROTECTIVE DEVICES AS respiratory protective devices during the COVID-19 outbreak); and ``(iii) used during the period beginning on - January 31, 2020, and ending on October 1, + January 27, 2020, and ending on October 1, 2024, in response to the public health emergency declared on January 31, 2020, pursuant to section 319 as a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV).''. -SEC. 107. APPLICATION WITH RESPECT TO TRICARE, COVERAGE FOR VETERANS, +SEC. 6006. APPLICATION WITH RESPECT TO TRICARE, COVERAGE FOR VETERANS, AND COVERAGE FOR FEDERAL CIVILIANS. (a) Tricare.--The Secretary of Defense may not require any copayment or other cost sharing under chapter 55 of title 10, United States Code, for in vitro diagnostic products described in paragraph -(1) of section 101(a) (or the administration of such products) or +(1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) beginning on @@ -2586,7 +1720,7 @@ or after the date of the enactment of this Act. (b) Veterans.--The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17 of title 38, United States Code, for in vitro diagnostic products described in -paragraph (1) of section 101(a) (or the adminsitration of such +paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 @@ -2597,34 +1731,33 @@ required for any individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code) enrolled in a health benefits plan, including any plan under chapter 89 of title 5, United States Code, or for any other individual -currently enrolled in any plan under chapter 89 of title 5 for -diagnostic tests'' after ``including any plan under chapter 89 of title -5, United States Code), for in vitro diagnostic products described in -paragraph (1) of section 101(a) (or the administration of such -products) or visits described in paragraph (2) of such section -furnished during any portion of the emergency period defined in -paragraph (1)(B) of section 1135(g) of the Social Security Act (42 -U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of -this Act. +currently enrolled in any plan under chapter 89 of title 5 for in vitro +diagnostic products described in paragraph (1) of section 6001(a) (or +the administration of such products) or visits described in paragraph +(2) of such section furnished during any portion of the emergency +period defined in paragraph (1)(B) of section 1135(g) of the Social +Security Act (42 U.S.C. 1320b-5(g)) beginning on or after the date of +the enactment of this Act. -SEC. 108. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING FOR - INDIANS RECEIVING CONTRACT HEALTH SERVICES. +SEC. 6007. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING FOR + INDIANS RECEIVING PURCHASED/REFERRED CARE. The Secretary of Health and Human Services shall cover, without the imposition of any cost sharing requirements, the cost of providing any COVID-19 related items and services as described in paragraph (1) of -section 101(a) (or the administration of such products) or visits +section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 320b-5(g)) beginning on or after the date of the enactment of this Act to Indians (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) receiving -health services through the Indian Health Service, regardless of -whether such items or services have been authorized under the contract -health services system funded by the Indian Health Service or is -covered as a health service of the Indian Health Service. +health services through the Indian Health Service, including through an +Urban Indian Organization, regardless of whether such items or services +have been authorized under the purchased/referred care system funded by +the Indian Health Service or is covered as a health service of the +Indian Health Service. -SEC. 109. TEMPORARY INCREASE OF MEDICAID FMAP. +SEC. 6008. TEMPORARY INCREASE OF MEDICAID FMAP. (a) In General.--Subject to subsection (b), for each calendar quarter occurring during the period beginning on the first day of the @@ -2635,7 +1768,7 @@ occurs, the Federal medical assistance percentage determined for each State, including the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands, under section 1905(b) of the Social -Security Act (42 U.S.C. 1396d(b)) shall be increased by 8 percentage +Security Act (42 U.S.C. 1396d(b)) shall be increased by 6.2 percentage points. (b) Requirement for All States.--A State described in subsection (a) may not receive the increase described in such subsection in the @@ -2646,7 +1779,7 @@ quarter, if-- Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or section 1115 of such Act (42 U.S.C. 1315)) are more restrictive during such quarter than the - eligibility standards methodologies, or procedures, + eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on January 1, 2020; (2) the amount of any premium imposed by the State pursuant @@ -2654,29 +1787,30 @@ quarter, if-- during such quarter, with respect to an individual enrolled under such plan (or waiver), exceeds the amount of such premium as of January 1, 2020; - (3) the State terminates or denies the enrollment of any - individual under such plan (or waiver) during such quarter for - a reason other than a failure to satisfy financial, - categorical, and State residency requirements (as applicable) - under such plan (or waiver); + (3) the State fails to provide that an individual who is + enrolled for benefits under such plan (or waiver) as of the + date of enactment of this section or enrolls for benefits under + such plan (or waiver) during the period beginning on such date + of enactment and ending the last day of the month in which the + emergency period described in subsection (a) ends shall be + treated as eligible for such benefits through the end of the + month in which such emergency period ends unless the individual + requests a voluntary termination of eligibility or the + individual ceases to be a resident of the State; or (4) the State does not provide coverage under such plan (or waiver), without the imposition of cost sharing, during such quarter for any testing services and treatments for COVID-19, - including vaccines, specialized equipment, and therapies; or - (5) the State conducts during such quarter periodic income - checks, including automated income checks, or eligibility - redeterminations under such plan (or waiver) at a rate more - frequent than once every 12 months. + including vaccines, specialized equipment, and therapies. (c) Requirement for Certain States.--Section 1905(cc) of the Social -Security Act (42 U.S.C. 1396d(cc)) is amended by striking ``American -Recovery and Reinvestment Act of 2009.'' and inserting ``and section -109 of the Families First Coronavirus Response Act, except that in -applying such treatments to the increases in the Federal medical -assistance percentage under section 109 of the Families First -Coronavirus Response Act, the reference to `December 31, 2009' shall be -deemed to be a reference to `March 11, 2020'.''. +Security Act (42 U.S.C. 1396d(cc)) is amended by striking the period at +the end of the subsection and inserting ``and section 6008 of the +Families First Coronavirus Response Act, except that in applying such +treatments to the increases in the Federal medical assistance +percentage under section 6008 of the Families First Coronavirus +Response Act, the reference to `December 31, 2009' shall be deemed to +be a reference to `March 11, 2020'.''. -SEC. 110. INCREASE IN MEDICAID ALLOTMENTS FOR TERRITORIES. +SEC. 6009. INCREASE IN MEDICAID ALLOTMENTS FOR TERRITORIES. Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- @@ -2687,32 +1821,32 @@ amended-- (ii) in clause (ii), by striking ``for each of fiscal years 2020 through 2021, $126,000,000;'' and inserting ``for fiscal year - 2020, $129,500,000; and''; and + 2020, $128,712,500; and''; and (iii) by adding at the end the following new clause: ``(iii) for fiscal year 2021, - $128,500,000;''; + $127,937,500;''; (B) in subparagraph (C)-- (i) in clause (i), by striking ``and'' at the end; (ii) in clause (ii), by striking ``for each of fiscal years 2020 through 2021, $127,000,000;'' and inserting ``for fiscal year - 2020, $132,000,000; and''; and + 2020, $130,875,000; and''; and (iii) by adding at the end the following new clause: ``(iii) for fiscal year 2021, - $130,500,000;''; + $129,712,500;''; (C) in subparagraph (D)-- (i) in clause (i), by striking ``and'' at the end; (ii) in clause (ii), by striking ``for each of fiscal years 2020 through 2021, $60,000,000; and'' and inserting ``for fiscal year 2020, - $64,000,000; and''; and + $63,100,000; and''; and (iii) by adding at the end the following new clause: - ``(iii) for fiscal year 2021, $63,000,000; + ``(iii) for fiscal year 2021, $62,325,000; and''; and (D) in subparagraph (E)-- (i) in clause (i), by striking ``and'' at @@ -2720,20 +1854,558 @@ amended-- (ii) in clause (ii), by striking ``for each of fiscal years 2020 through 2021, $84,000,000.'' and inserting ``for fiscal year - 2020, $87,000,000; and''; and + 2020, $86,325,000; and''; and (iii) by adding at the end the following new clause: ``(iii) for fiscal year 2021, - $86,000,000.''; and + $85,550,000.''; and (2) in paragraph (6)(A)-- (A) in clause (i), by striking ``$2,623,188,000'' - and inserting ``$2,743,188,000''; and + and inserting ``$2,716,188,000''; and (B) in clause (ii), by striking ``$2,719,072,000'' - and inserting ``$2,804,072,000''. + and inserting ``$2,809,063,000''. + +SEC. 6010. CLARIFICATION RELATING TO SECRETARIAL AUTHORITY REGARDING + MEDICARE TELEHEALTH SERVICES FURNISHED DURING COVID-19 + EMERGENCY PERIOD. + + Paragraph (3)(A) of section 1135(g) of the Social Security Act (42 +U.S.C. 1320b-5(g)) is amended to read as follows: + ``(A) furnished to such individual, during the 3- + year period ending on the date such telehealth service + was furnished, an item or service that would be + considered covered under title XVIII if furnished to an + individual entitled to benefits or enrolled under such + title; or''. + +DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE + +SEC. 7001. PAYROLL CREDIT FOR REQUIRED PAID SICK LEAVE. + + (a) In General.--In the case of an employer, there shall be allowed +as a credit against the tax imposed by section 3111(a) or 3221(a) of +the Internal Revenue Code of 1986 for each calendar quarter an amount +equal to 100 percent of the qualified sick leave wages paid by such +employer with respect to such calendar quarter. + (b) Limitations and Refundability.-- + (1) Wages taken into account.--The amount of qualified sick + leave wages taken into account under subsection (a) with + respect to any individual shall not exceed $200 ($511 in the + case of any day any portion of which is paid sick time + described in paragraph (1), (2), or (3) of section 5102(a) of + the Emergency Paid Sick Leave Act) for any day (or portion + thereof) for which the individual is paid qualified sick leave + wages. + (2) Overall limitation on number of days taken into + account.--The aggregate number of days taken into account under + paragraph (1) for any calendar quarter shall not exceed the + excess (if any) of-- + (A) 10, over + (B) the aggregate number of days so taken into + account for all preceding calendar quarters. + (3) Credit limited to certain employment taxes.--The credit + allowed by subsection (a) with respect to any calendar quarter + shall not exceed the tax imposed by section 3111(a) or 3221(a) + of such Code for such calendar quarter (reduced by any credits + allowed under subsections (e) and (f) of section 3111 of such + Code for such quarter) on the wages paid with respect to the + employment of all employees of the employer. + (4) Refundability of excess credit.-- + (A) In general.--If the amount of the credit under + subsection (a) exceeds the limitation of paragraph (3) + for any calendar quarter, such excess shall be treated + as an overpayment that shall be refunded under sections + 6402(a) and 6413(b) of such Code. + (B) Treatment of payments.--For purposes of section + 1324 of title 31, United States Code, any amounts due + to an employer under this paragraph shall be treated in + the same manner as a refund due from a credit provision + referred to in subsection (b)(2) of such section. + (c) Qualified Sick Leave Wages.--For purposes of this section, the +term ``qualified sick leave wages'' means wages (as defined in section +3121(a) of the Internal Revenue Code of 1986) and compensation (as +defined in section 3231(e) of the Internal Revenue Code) paid by an +employer which are required to be paid by reason of the Emergency Paid +Sick Leave Act. + (d) Allowance of Credit for Certain Health Plan Expenses.-- + (1) In general.--The amount of the credit allowed under + subsection (a) shall be increased by so much of the employer's + qualified health plan expenses as are properly allocable to the + qualified sick leave wages for which such credit is so allowed. + (2) Qualified health plan expenses.--For purposes of this + subsection, the term ``qualified health plan expenses'' means + amounts paid or incurred by the employer to provide and + maintain a group health plan (as defined in section 5000(b)(1) + of the Internal Revenue Code of 1986), but only to the extent + that such amounts are excluded from the gross income of + employees by reason of section 106(a) of such Code. + (3) Allocation rules.--For purposes of this section, + qualified health plan expenses shall be allocated to qualified + sick leave wages in such manner as the Secretary of the + Treasury (or the Secretary's delegate) may prescribe. Except as + otherwise provided by the Secretary, such allocation shall be + treated as properly made if made on the basis of being pro rata + among covered employees and pro rata on the basis of periods of + coverage (relative to the time periods of leave to which such + wages relate). + (e) Special Rules.-- + (1) Denial of double benefit.--For purposes of chapter 1 of + such Code, the gross income of the employer, for the taxable + year which includes the last day of any calendar quarter with + respect to which a credit is allowed under this section, shall + be increased by the amount of such credit. Any wages taken into + account in determining the credit allowed under this section + shall not be taken into account for purposes of determining the + credit allowed under section 45S of such Code. + (2) Election not to have section apply.--This section shall + not apply with respect to any employer for any calendar quarter + if such employer elects (at such time and in such manner as the + Secretary of the Treasury (or the Secretary's delegate) may + prescribe) not to have this section apply. + (3) Certain terms.--Any term used in this section which is + also used in chapter 21 of such Code shall have the same + meaning as when used in such chapter. + (4) Certain governmental employers.--This credit shall not + apply to the Government of the United States, the government of + any State or political subdivision thereof, or any agency or + instrumentality of any of the foregoing. + (f) Regulations.--The Secretary of the Treasury (or the Secretary's +delegate) shall prescribe such regulations or other guidance as may be +necessary to carry out the purposes of this section, including-- + (1) regulations or other guidance to prevent the avoidance + of the purposes of the limitations under this section, + (2) regulations or other guidance to minimize compliance + and record-keeping burdens under this section, + (3) regulations or other guidance providing for waiver of + penalties for failure to deposit amounts in anticipation of the + allowance of the credit allowed under this section, + (4) regulations or other guidance for recapturing the + benefit of credits determined under this section in cases where + there is a subsequent adjustment to the credit determined under + subsection (a), and + (5) regulations or other guidance to ensure that the wages + taken into account under this section conform with the paid + sick time required to be provided under the Emergency Paid Sick + Leave Act. + (g) Application of Section.--This section shall apply only to wages +paid with respect to the period beginning on a date selected by the +Secretary of the Treasury (or the Secretary's delegate) which is during +the 15-day period beginning on the date of the enactment of this Act, +and ending on December 31, 2020. + (h) Transfers to Federal Old-Age and Survivors Insurance Trust +Fund.--There are hereby appropriated to the Federal Old-Age and +Survivors Insurance Trust Fund and the Federal Disability Insurance +Trust Fund established under section 201 of the Social Security Act (42 +U.S.C. 401) and the Social Security Equivalent Benefit Account +established under section 15A(a) of the Railroad Retirement Act of 1974 +(45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the +Treasury by reason of this section (without regard to this subsection). +Amounts appropriated by the preceding sentence shall be transferred +from the general fund at such times and in such manner as to replicate +to the extent possible the transfers which would have occurred to such +Trust Fund or Account had this section not been enacted. + +SEC. 7002. CREDIT FOR SICK LEAVE FOR CERTAIN SELF-EMPLOYED INDIVIDUALS. + + (a) Credit Against Self-employment Tax.--In the case of an eligible +self-employed individual, there shall be allowed as a credit against +the tax imposed by subtitle A of the Internal Revenue Code of 1986 for +any taxable year an amount equal to the qualified sick leave equivalent +amount with respect to the individual. + (b) Eligible Self-employed Individual.--For purposes of this +section, the term ``eligible self-employed individual'' means an +individual who-- + (1) regularly carries on any trade or business within the + meaning of section 1402 of such Code, and + (2) would be entitled to receive paid leave during the + taxable year pursuant to the Emergency Paid Sick Leave Act if + the individual were an employee of an employer (other than + himself or herself). + (c) Qualified Sick Leave Equivalent Amount.--For purposes of this +section-- + (1) In general.--The term ``qualified sick leave equivalent + amount'' means, with respect to any eligible self-employed + individual, an amount equal to-- + (A) the number of days during the taxable year (but + not more than the applicable number of days) that the + individual is unable to perform services in any trade + or business referred to in section 1402 of such Code + for a reason with respect to which such individual + would be entitled to receive sick leave as described in + subsection (b), multiplied by + (B) the lesser of-- + (i) $200 ($511 in the case of any day of + paid sick time described in paragraph (1), (2), + or (3) of section 5102(a) of the Emergency Paid + Sick Leave Act), or + (ii) 67 percent (100 percent in the case of + any day of paid sick time described in + paragraph (1), (2), or (3) of section 5102(a) + of the Emergency Paid Sick Leave Act) of the + average daily self-employment income of the + individual for the taxable year. + (2) Average daily self-employment income.--For purposes of + this subsection, the term ``average daily self-employment + income'' means an amount equal to-- + (A) the net earnings from self-employment of the + individual for the taxable year, divided by + (B) 260. + (3) Applicable number of days.--For purposes of this + subsection, the term ``applicable number of days'' means, with + respect to any taxable year, the excess (if any) of 10 days + over the number of days taken into account under paragraph + (1)(A) in all preceding taxable years. + (d) Special Rules.-- + (1) Credit refundable.-- + (A) In general.--The credit determined under this + section shall be treated as a credit allowed to the + taxpayer under subpart C of part IV of subchapter A of + chapter 1 of such Code. + (B) Treatment of payments.--For purposes of section + 1324 of title 31, United States Code, any refund due + from the credit determined under this section shall be + treated in the same manner as a refund due from a + credit provision referred to in subsection (b)(2) of + such section. + (2) Documentation.--No credit shall be allowed under this + section unless the individual maintains such documentation as + the Secretary of the Treasury (or the Secretary's delegate) may + prescribe to establish such individual as an eligible self- + employed individual. + (3) Denial of double benefit.--In the case of an individual + who receives wages (as defined in section 3121(a) of the + Internal Revenue Code of 1986) or compensation (as defined in + section 3231(e) of the Internal Revenue Code) paid by an + employer which are required to be paid by reason of the + Emergency Paid Sick Leave Act, the qualified sick leave + equivalent amount otherwise determined under subsection (c) + shall be reduced (but not below zero) to the extent that the + sum of the amount described in such subsection and in section + 7001(b)(1) exceeds $2,000 ($5,110 in the case of any day any + portion of which is paid sick time described in paragraph (1), + (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave + Act). + (4) Certain terms.--Any term used in this section which is + also used in chapter 2 of the Internal Revenue Code of 1986 + shall have the same meaning as when used in such chapter. + (e) Application of Section.--Only days occurring during the period +beginning on a date selected by the Secretary of the Treasury (or the +Secretary's delegate) which is during the 15-day period beginning on +the date of the enactment of this Act, and ending on December 31, 2020, +may be taken into account under subsection (c)(1)(A). + (f) Application of Credit in Certain Possessions.-- + (1) Payments to possessions with mirror code tax systems.-- + The Secretary of the Treasury (or the Secretary's delegate) + shall pay to each possession of the United States which has a + mirror code tax system amounts equal to the loss (if any) to + that possession by reason of the application of the provisions + of this section. Such amounts shall be determined by the + Secretary of the Treasury (or the Secretary's delegate) based + on information provided by the government of the respective + possession. + (2) Payments to other possessions.--The Secretary of the + Treasury (or the Secretary's delegate) shall pay to each + possession of the United States which does not have a mirror + code tax system amounts estimated by the Secretary of the + Treasury (or the Secretary's delegate) as being equal to the + aggregate benefits (if any) that would have been provided to + residents of such possession by reason of the provisions of + this section if a mirror code tax system had been in effect in + such possession. The preceding sentence shall not apply unless + the respective possession has a plan, which has been approved + by the Secretary of the Treasury (or the Secretary's delegate), + under which such possession will promptly distribute such + payments to its residents. + (3) Mirror code tax system.--For purposes of this section, + the term ``mirror code tax system'' means, with respect to any + possession of the United States, the income tax system of such + possession if the income tax liability of the residents of such + possession under such system is determined by reference to the + income tax laws of the United States as if such possession were + the United States. + (4) Treatment of payments.--For purposes of section 1324 of + title 31, United States Code, the payments under this section + shall be treated in the same manner as a refund due from a + credit provision referred to in subsection (b)(2) of such + section. + (g) Regulations.--The Secretary of the Treasury (or the Secretary's +delegate) shall prescribe such regulations or other guidance as may be +necessary to carry out the purposes of this section, including-- + (1) regulations or other guidance to effectuate the + purposes of this Act, and + (2) regulations or other guidance to minimize compliance + and record-keeping burdens under this section. + +SEC. 7003. PAYROLL CREDIT FOR REQUIRED PAID FAMILY LEAVE. + + (a) In General.--In the case of an employer, there shall be allowed +as a credit against the tax imposed by section 3111(a) or 3221(a) of +the Internal Revenue Code of 1986 for each calendar quarter an amount +equal to 100 percent of the qualified family leave wages paid by such +employer with respect to such calendar quarter. + (b) Limitations and Refundability.-- + (1) Wages taken into account.--The amount of qualified + family leave wages taken into account under subsection (a) with + respect to any individual shall not exceed-- + (A) for any day (or portion thereof) for which the + individual is paid qualified family leave wages, $200, + and + (B) in the aggregate with respect to all calendar + quarters, $10,000. + (2) Credit limited to certain employment taxes.--The credit + allowed by subsection (a) with respect to any calendar quarter + shall not exceed the tax imposed by section 3111(a) or 3221(a) + of such Code for such calendar quarter (reduced by any credits + allowed under subsections (e) and (f) of section 3111 of such + Code, and section 7001 of this Act, for such quarter) on the + wages paid with respect to the employment of all employees of + the employer. + (3) Refundability of excess credit.--If the amount of the + credit under subsection (a) exceeds the limitation of paragraph + (2) for any calendar quarter, such excess shall be treated as + an overpayment that shall be refunded under sections 6402(a) + and 6413(b) of such Code. + (c) Qualified Family Leave Wages.--For purposes of this section, +the term ``qualified family leave wages'' means wages (as defined in +section 3121(a) of such Code) and compensation (as defined in section +3231(e) of the Internal Revenue Code) paid by an employer which are +required to be paid by reason of the Emergency Family and Medical Leave +Expansion Act (including the amendments made by such Act). + (d) Allowance of Credit for Certain Health Plan Expenses.-- + (1) In general.--The amount of the credit allowed under + subsection (a) shall be increased by so much of the employer's + qualified health plan expenses as are properly allocable to the + qualified family leave wages for which such credit is so + allowed. + (2) Qualified health plan expenses.--For purposes of this + subsection, the term ``qualified health plan expenses'' means + amounts paid or incurred by the employer to provide and + maintain a group health plan (as defined in section 5000(b)(1) + of the Internal Revenue Code of 1986), but only to the extent + that such amounts are excluded from the gross income of + employees by reason of section 106(a) of such Code. + (3) Allocation rules.--For purposes of this section, + qualified health plan expenses shall be allocated to qualified + family leave wages in such manner as the Secretary of the + Treasury (or the Secretary's delegate) may prescribe. Except as + otherwise provided by the Secretary, such allocation shall be + treated as properly made if made on the basis of being pro rata + among covered employees and pro rata on the basis of periods of + coverage (relative to the time periods of leave to which such + wages relate). + (e) Special Rules.-- + (1) Denial of double benefit.--For purposes of chapter 1 of + such Code, the gross income of the employer, for the taxable + year which includes the last day of any calendar quarter with + respect to which a credit is allowed under this section, shall + be increased by the amount of such credit. Any wages taken into + account in determining the credit allowed under this section + shall not be taken into account for purposes of determining the + credit allowed under section 45S of such Code . + (2) Election not to have section apply.--This section shall + not apply with respect to any employer for any calendar quarter + if such employer elects (at such time and in such manner as the + Secretary of the Treasury (or the Secretary's delegate) may + prescribe) not to have this section apply. + (3) Certain terms.--Any term used in this section which is + also used in chapter 21 of such Code shall have the same + meaning as when used in such chapter. + (4) Certain governmental employers.--This credit shall not + apply to the Government of the United States, the government of + any State or political subdivision thereof, or any agency or + instrumentality of any of the foregoing. + (f) Regulations.--The Secretary of the Treasury (or the Secretary's +delegate) shall prescribe such regulations or other guidance as may be +necessary to carry out the purposes of this section, including-- + (1) regulations or other guidance to prevent the avoidance + of the purposes of the limitations under this section, + (2) regulations or other guidance to minimize compliance + and record-keeping burdens under this section, + (3) regulations or other guidance providing for waiver of + penalties for failure to deposit amounts in anticipation of the + allowance of the credit allowed under this section, + (4) regulations or other guidance for recapturing the + benefit of credits determined under this section in cases where + there is a subsequent adjustment to the credit determined under + subsection (a), and + (5) regulations or other guidance to ensure that the wages + taken into account under this section conform with the paid + leave required to be provided under the Emergency Family and + Medical Leave Expansion Act (including the amendments made by + such Act). + (g) Application of Section.--This section shall apply only to wages +paid with respect to the period beginning on a date selected by the +Secretary of the Treasury (or the Secretary's delegate) which is during +the 15-day period beginning on the date of the enactment of this Act, +and ending on December 31, 2020. + (h) Transfers to Federal Old-Age and Survivors Insurance Trust +Fund.--There are hereby appropriated to the Federal Old-Age and +Survivors Insurance Trust Fund and the Federal Disability Insurance +Trust Fund established under section 201 of the Social Security Act (42 +U.S.C. 401) and the Social Security Equivalent Benefit Account +established under section 15A(a) of the Railroad Retirement Act of 1974 +(45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the +Treasury by reason of this section (without regard to this subsection). +Amounts appropriated by the preceding sentence shall be transferred +from the general fund at such times and in such manner as to replicate +to the extent possible the transfers which would have occurred to such +Trust Fund or Account had this section not been enacted. + +SEC. 7004. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF-EMPLOYED + INDIVIDUALS. + + (a) Credit Against Self-employment Tax.--In the case of an eligible +self-employed individual, there shall be allowed as a credit against +the tax imposed by subtitle A of the Internal Revenue Code of 1986 for +any taxable year an amount equal to 100 percent of the qualified family +leave equivalent amount with respect to the individual. + (b) Eligible Self-employed Individual.--For purposes of this +section, the term ``eligible self-employed individual'' means an +individual who-- + (1) regularly carries on any trade or business within the + meaning of section 1402 of such Code, and + (2) would be entitled to receive paid leave during the + taxable year pursuant to the Emergency Family and Medical Leave + Expansion Act if the individual were an employee of an employer + (other than himself or herself). + (c) Qualified Family Leave Equivalent Amount.--For purposes of this +section-- + (1) In general.--The term ``qualified family leave + equivalent amount'' means, with respect to any eligible self- + employed individual, an amount equal to the product of-- + (A) the number of days (not to exceed 50) during + the taxable year that the individual is unable to + perform services in any trade or business referred to + in section 1402 of such Code for a reason with respect + to which such individual would be entitled to receive + paid leave as described in subsection (b), multiplied + by + (B) the lesser of-- + (i) 67 percent of the average daily self- + employment income of the individual for the + taxable year, or + (ii) $200. + (2) Average daily self-employment income.--For purposes of + this subsection, the term ``average daily self-employment + income'' means an amount equal to-- + (A) the net earnings from self-employment income of + the individual for the taxable year, divided by + (B) 260. + (d) Special Rules.-- + (1) Credit refundable.-- + (A) In general.--The credit determined under this + section shall be treated as a credit allowed to the + taxpayer under subpart C of part IV of subchapter A of + chapter 1 of such Code. + (B) Treatment of payments.--For purposes of section + 1324 of title 31, United States Code, any refund due + from the credit determined under this section shall be + treated in the same manner as a refund due from a + credit provision referred to in subsection (b)(2) of + such section. + (2) Documentation.--No credit shall be allowed under this + section unless the individual maintains such documentation as + the Secretary of the Treasury (or the Secretary's delegate) may + prescribe to establish such individual as an eligible self- + employed individual. + (3) Denial of double benefit.--In the case of an individual + who receives wages (as defined in section 3121(a) of the + Internal Revenue Code of 1986) or compensation (as defined in + section 3231(e) of the Internal Revenue Code) paid by an + employer which are required to be paid by reason of the + Emergency Family and Medical Leave Expansion Act, the qualified + family leave equivalent amount otherwise described in + subsection (c) shall be reduced (but not below zero) to the + extent that the sum of the amount described in such subsection + and in section 7003(b)(1) exceeds $10,000. + (4) Certain terms.--Any term used in this section which is + also used in chapter 2 of the Internal Revenue Code of 1986 + shall have the same meaning as when used in such chapter. + (5) References to emergency family and medical leave + expansion act.--Any reference in this section to the Emergency + Family and Medical Leave Expansion Act shall be treated as + including a reference to the amendments made by such Act. + (e) Application of Section.--Only days occurring during the period +beginning on a date selected by the Secretary of the Treasury (or the +Secretary's delegate) which is during the 15-day period beginning on +the date of the enactment of this Act, and ending on December 31, 2020, +may be taken into account under subsection (c)(1)(A). + (f) Application of Credit in Certain Possessions.-- + (1) Payments to possessions with mirror code tax systems.-- + The Secretary of the Treasury (or the Secretary's delegate) + shall pay to each possession of the United States which has a + mirror code tax system amounts equal to the loss (if any) to + that possession by reason of the application of the provisions + of this section. Such amounts shall be determined by the + Secretary of the Treasury (or the Secretary's delegate) based + on information provided by the government of the respective + possession. + (2) Payments to other possessions.--The Secretary of the + Treasury (or the Secretary's delegate) shall pay to each + possession of the United States which does not have a mirror + code tax system amounts estimated by the Secretary of the + Treasury (or the Secretary's delegate) as being equal to the + aggregate benefits (if any) that would have been provided to + residents of such possession by reason of the provisions of + this section if a mirror code tax system had been in effect in + such possession. The preceding sentence shall not apply unless + the respective possession has a plan, which has been approved + by the Secretary of the Treasury (or the Secretary's delegate), + under which such possession will promptly distribute such + payments to its residents. + (3) Mirror code tax system.--For purposes of this section, + the term ``mirror code tax system'' means, with respect to any + possession of the United States, the income tax system of such + possession if the income tax liability of the residents of such + possession under such system is determined by reference to the + income tax laws of the United States as if such possession were + the United States. + (4) Treatment of payments.--For purposes of section 1324 of + title 31, United States Code, the payments under this section + shall be treated in the same manner as a refund due from a + credit provision referred to in subsection (b)(2) of such + section. + (e) Regulations.--The Secretary of the Treasury (or the Secretary's +delegate) shall prescribe such regulations or other guidance as may be +necessary to carry out the purposes of this section, including-- + (1) regulations or other guidance to prevent the avoidance + of the purposes of this Act, and + (2) regulations or other guidance to minimize compliance + and record-keeping burdens under this section. + +SEC. 7005. SPECIAL RULE RELATED TO TAX ON EMPLOYERS. + + (a) In General.--Any wages required to be paid by reason of the +Emergency Paid Sick Leave Act and the Emergency Family and Medical +Leave Expansion Act shall not be considered wages for purposes of +section 3111(a) of the Internal Revenue Code of 1986 or compensation +for purposes of section 3221(a) of such Code. + (b) Allowance of Credit for Hospital Insurance Taxes.-- + (1) In general.--The credit allowed by section 7001 and the + credit allowed by section 7003 shall each be increased by the + amount of the tax imposed by section 3111(b) of the Internal + Revenue Code of 1986 on qualified sick leave wages, or + qualified family leave wages, for which credit is allowed under + such section 7001 or 7003 (respectively). + (2) Denial of double benefit.--For denial of double benefit + with respect to the credit increase under paragraph (1), see + sections 7001(e)(1) and 7003(e)(1). + (c) Transfers to Federal Old-Age and Survivors Insurance Trust +Fund.--There are hereby appropriated to the Federal Old-Age and +Survivors Insurance Trust Fund and the Federal Disability Insurance +Trust Fund established under section 201 of the Social Security Act (42 +U.S.C. 401) and the Social Security Equivalent Benefit Account +established under section 15A(a) of the Railroad Retirement Act of 1974 +(45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the +Treasury by reason of this section (without regard to this subsection). +Amounts appropriated by the preceding sentence shall be transferred +from the general fund at such times and in such manner as to replicate +to the extent possible the transfers which would have occurred to such +Trust Fund or Account had this section not been enacted. DIVISION H--BUDGETARY EFFECTS -SEC. 101. BUDGETARY EFFECTS. +SEC. 8001. BUDGETARY EFFECTS. (a) Statutory PAYGO Scorecards.--The budgetary effects of division B and each succeeding division shall not be entered on either PAYGO @@ -2753,4 +2425,22 @@ each succeeding division shall not be estimated-- (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. - \ No newline at end of file + + Passed the House of Representatives March 14 (legislative + day March 13), 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6201 + +_______________________________________________________________________ + + AN ACT + +Making emergency supplemental appropriations for the fiscal year ending + September 30, 2020, and for other purposes. From 4cbeab2a4e152e161cdbb6e691106f4395127db3 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 575/984] House-6201: Received in Senate --- bills_text/House-6201.txt | 24 ++++++++++++++---------- 1 file changed, 14 insertions(+), 10 deletions(-) diff --git a/bills_text/House-6201.txt b/bills_text/House-6201.txt index 97cfc48..1de8224 100644 --- a/bills_text/House-6201.txt +++ b/bills_text/House-6201.txt @@ -2,6 +2,16 @@ 2d Session H. R. 6201 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 17, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -2431,16 +2441,10 @@ each succeeding division shall not be estimated-- Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 6201 - -_______________________________________________________________________ + Clerk. - AN ACT + By Gloria J. Lett, -Making emergency supplemental appropriations for the fiscal year ending - September 30, 2020, and for other purposes. + Deputy Clerk. From 979373a62da50f6650600b64d7cb4d575108f460 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 576/984] House-6201: Enrolled --- bills_text/House-6201.txt | 2835 +++++++++++++++++-------------------- 1 file changed, 1292 insertions(+), 1543 deletions(-) diff --git a/bills_text/House-6201.txt b/bills_text/House-6201.txt index 1de8224..ab2f2a0 100644 --- a/bills_text/House-6201.txt +++ b/bills_text/House-6201.txt @@ -1,58 +1,52 @@ -116th CONGRESS - 2d Session - H. R. 6201 + H.R.6201 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - March 17, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act Making emergency supplemental appropriations for the fiscal year ending - September 30, 2020, and for other purposes. + September 30, 2020, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Families First Coronavirus Response Act''. - SEC. 2. TABLE OF CONTENTS. - The table of contents is as follows: DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 - DIVISION B--NUTRITION WAIVERS + DIVISION B--NUTRITION WAIVERS DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS - ACT OF 2020 + ACT OF 2020 - DIVISION E--EMERGENCY PAID SICK LEAVE ACT + DIVISION E--EMERGENCY PAID SICK LEAVE ACT - DIVISION F--HEALTH PROVISIONS + DIVISION F--HEALTH PROVISIONS -DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE + DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE - DIVISION H--BUDGETARY EFFECTS + DIVISION H--BUDGETARY EFFECTS SEC. 3. REFERENCES. - Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. @@ -116,7 +110,7 @@ school days for each eligible child in the household. (c) Minimum Closure Requirement.--The Secretary of Agriculture shall not provide assistance under this section in the case of a school that is closed for less than 5 consecutive days. - (d) Use of Ebt System.--A State agency may provide assistance under + (d) Use of EBT System.--A State agency may provide assistance under this section through the EBT card system established under section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016). (e) Release of Information.--Notwithstanding any other provision of @@ -138,23 +132,22 @@ Secretary of Agriculture may purchase commodities for emergency distribution in any area of the United States during a public health emergency designation. (h) Definitions.--In this section: - (1) The term ``eligible child'' means a child (as defined - in section 12(d) or served under section 11(a)(1) of the - Richard B. Russell National School Lunch Act (42 U.S.C. - 1760(d), 1759(a)(1)) who, if not for the closure of the school - attended by the child during a public health emergency - designation and due to concerns about a COVID-19 outbreak, - would receive free or reduced price school meals under the - Richard B. Russell National School Lunch Act (42 U.S.C. 175l et - seq.) at the school. - (2) The term ``public health emergency designation'' means - the declaration of a public health emergency, based on an - outbreak of SARS-CoV-2 or another coronavirus with pandemic - potential, by the Secretary of Health and Human Services under - section 319 of the Public Health Service Act (42 U.S.C. 247d). - (3) The term ``school'' has the meaning given the term in - section 12(d) of the Richard B. Russell National School Lunch - Act (42 U.S.C. 1760(d)). + (1) The term ``eligible child'' means a child (as defined in + section 12(d) or served under section 11(a)(1) of the Richard B. + Russell National School Lunch Act (42 U.S.C. 1760(d), 1759(a)(1)) + who, if not for the closure of the school attended by the child + during a public health emergency designation and due to concerns + about a COVID-19 outbreak, would receive free or reduced price + school meals under the Richard B. Russell National School Lunch Act + (42 U.S.C. 175l et seq.) at the school. + (2) The term ``public health emergency designation'' means the + declaration of a public health emergency, based on an outbreak of + SARS-CoV-2 or another coronavirus with pandemic potential, by the + Secretary of Health and Human Services under section 319 of the + Public Health Service Act (42 U.S.C. 247d). + (3) The term ``school'' has the meaning given the term in + section 12(d) of the Richard B. Russell National School Lunch Act + (42 U.S.C. 1760(d)). (i) Funding.--There are hereby appropriated to the Secretary of Agriculture such amounts as are necessary to carry out this section: Provided, That such amount is designated by the Congress as being for @@ -260,16 +253,16 @@ Response Act (or the administration of such products) or visits described in paragraph (2) of such section for uninsured individuals: Provided, That the term ``uninsured individual'' in this paragraph means an individual who is not enrolled in-- - (1) a Federal health care program (as defined under section - 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)), - including an individual who is eligible for medical assistance - only because of subsection (a)(10)(A)(ii)(XXIII) of Section - 1902 of the Social Security Act; or - (2) a group health plan or health insurance coverage - offered by a health insurance issuer in the group or individual - market (as such terms are defined in section 2791 of the Public - Health Service Act (42 U.S.C. 300gg-91)), or a health plan - offered under chapter 89 of title 5, United States Code: + (1) a Federal health care program (as defined under section + 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)), + including an individual who is eligible for medical assistance only + because of subsection (a)(10)(A)(ii)(XXIII) of Section 1902 of the + Social Security Act; or + (2) a group health plan or health insurance coverage offered by + a health insurance issuer in the group or individual market (as + such terms are defined in section 2791 of the Public Health Service + Act (42 U.S.C. 300gg-91)), or a health plan offered under chapter + 89 of title 5, United States Code: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. @@ -349,16 +342,12 @@ retain such designation. and Response Supplemental Appropriations Act, 2020''. DIVISION B--NUTRITION WAIVERS - TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT SEC. 2101. SHORT TITLE. - This title may be cited as the ``Maintaining Essential Access to Lunch for Students Act'' or the ``MEALS Act''. - SEC. 2102. WAIVER EXCEPTION FOR SCHOOL CLOSURES DUE TO COVID-19. - (a) In General.--The requirements under section 12(l)(1)(A)(iii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(1)(A)(iii)) shall not apply to a qualified COVID-19 waiver. @@ -371,182 +360,166 @@ section 12(l)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(5)) shall not apply to a qualified COVID-19 waiver. (d) Qualified COVID-19 Waiver.--In this section, the term ``qualified COVID-19 waiver'' means a waiver-- - (1) requested by a State (as defined in section 12(d)(8) of - the Richard B. Russell National School Lunch Act (42 U.S.C. - 1760(d)(8))) or eligible service provider under section 12(l) - of the Richard B. Russell National School Lunch Act (42 U.S.C. - 1760(l)); and - (2) to waive any requirement under such Act (42 U.S.C. 1751 - et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et - seq.), or any regulation issued under either such Act, for - purposes of providing meals and meal supplements under such - Acts during a school closure due to COVID-19. + (1) requested by a State (as defined in section 12(d)(8) of the + Richard B. Russell National School Lunch Act (42 U.S.C. + 1760(d)(8))) or eligible service provider under section 12(l) of + the Richard B. Russell National School Lunch Act (42 U.S.C. + 1760(l)); and + (2) to waive any requirement under such Act (42 U.S.C. 1751 et + seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), + or any regulation issued under either such Act, for purposes of + providing meals and meal supplements under such Acts during a + school closure due to COVID-19. TITLE II--COVID--19 CHILD NUTRITION RESPONSE ACT SEC. 2201. SHORT TITLE. - This title may be cited as the ``COVID-19 Child Nutrition Response Act''. - SEC. 2202. NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS ADDRESSING - COVID-19. - +COVID-19. (a) Nationwide Waiver.-- - (1) In general.--Notwithstanding any other provision of - law, the Secretary may establish a waiver for all States under - section 12(l) of the Richard B. Russell National School Lunch - Act (42 U.S.C. 1760(l)), for purposes of-- - (A) providing meals and meal supplements under a - qualified program; and - (B) carrying out subparagraph (A) with appropriate - safety measures with respect to COVID-19, as determined - by the Secretary. - (2) State election.--A waiver established under paragraph - (1) shall-- - (A) notwithstanding paragraph (2) of section 12(l) - of the Richard B. Russell National School Lunch Act (42 - U.S.C. 1760(l)), apply automatically to any State that - elects to be subject to the waiver without further - application; and - (B) not be subject to the requirements under - paragraph (3) of such section. + (1) In general.--Notwithstanding any other provision of law, + the Secretary may establish a waiver for all States under section + 12(l) of the Richard B. Russell National School Lunch Act (42 + U.S.C. 1760(l)), for purposes of-- + (A) providing meals and meal supplements under a qualified + program; and + (B) carrying out subparagraph (A) with appropriate safety + measures with respect to COVID-19, as determined by the + Secretary. + (2) State election.--A waiver established under paragraph (1) + shall-- + (A) notwithstanding paragraph (2) of section 12(l) of the + Richard B. Russell National School Lunch Act (42 U.S.C. + 1760(l)), apply automatically to any State that elects to be + subject to the waiver without further application; and + (B) not be subject to the requirements under paragraph (3) + of such section. (b) Child and Adult Care Food Program Waiver.--Notwithstanding any other provision of law, the Secretary may grant a waiver under section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)) to allow non-congregate feeding under a child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) if such waiver is for the purposes of-- - (1) providing meals and meal supplements under such child - and adult care food program; and - (2) carrying out paragraph (1) with appropriate safety - measures with respect to COVID-19, as determined by the - Secretary. + (1) providing meals and meal supplements under such child and + adult care food program; and + (2) carrying out paragraph (1) with appropriate safety measures + with respect to COVID-19, as determined by the Secretary. (c) Meal Pattern Waiver.--Notwithstanding paragraph (4)(A) of section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)) the Secretary may grant a waiver under such section that relates to the nutritional content of meals served if the Secretary determines that-- - (1) such waiver is necessary to provide meals and meal - supplements under a qualified program; and - (2) there is a supply chain disruption with respect to - foods served under such a qualified program and such disruption - is due to COVID-19. + (1) such waiver is necessary to provide meals and meal + supplements under a qualified program; and + (2) there is a supply chain disruption with respect to foods + served under such a qualified program and such disruption is due to + COVID-19. (d) Reports.--Each State that receives a waiver under subsection (a), (b), or (c), shall, not later than 1 year after the date such State received such waiver, submit a report to the Secretary that includes the following: - (1) A summary of the use of such waiver by the State and - eligible service providers. - (2) A description of whether such waiver resulted in - improved services to children. + (1) A summary of the use of such waiver by the State and + eligible service providers. + (2) A description of whether such waiver resulted in improved + services to children. (e) Sunset.--The authority of the Secretary to establish or grant a waiver under this section shall expire on September 30, 2020. (f) Definitions.--In this section: - (1) Qualified program.--The term ``qualified program'' - means the following: - (A) The school lunch program under the Richard B. - Russell National School Lunch Act (42 U.S.C. 1751 et - seq.). - (B) The school breakfast program under section 4 of - the Child Nutrition Act of 1966 (42 U.S.C. 1773). - (C) The child and adult care food program under - section 17 of the Richard B. Russell National School - Lunch Act (42 U.S.C. 1766). - (D) The summer food service program for children - under section 13 of the Richard B. Russell National - School Lunch Act (42 U.S.C. 1761). - (2) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture. - (3) State.--The term ``State'' has the meaning given such - term in section 12(d)(8) of the Richard B. Russell National - School Lunch Act (42 U.S.C. 1760(d)(8)). - + (1) Qualified program.--The term ``qualified program'' means + the following: + (A) The school lunch program under the Richard B. Russell + National School Lunch Act (42 U.S.C. 1751 et seq.). + (B) The school breakfast program under section 4 of the + Child Nutrition Act of 1966 (42 U.S.C. 1773). + (C) The child and adult care food program under section 17 + of the Richard B. Russell National School Lunch Act (42 U.S.C. + 1766). + (D) The summer food service program for children under + section 13 of the Richard B. Russell National School Lunch Act + (42 U.S.C. 1761). + (2) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture. + (3) State.--The term ``State'' has the meaning given such term + in section 12(d)(8) of the Richard B. Russell National School Lunch + Act (42 U.S.C. 1760(d)(8)). SEC. 2203. PHYSICAL PRESENCE WAIVER UNDER WIC DURING CERTAIN PUBLIC - HEALTH EMERGENCIES. - +HEALTH EMERGENCIES. (a) Waiver Authority.-- - (1) In general.--Notwithstanding any other provision of - law, the Secretary may grant a request described in paragraph - (2) to-- - (A) waive the requirement under section - 17(d)(3)(C)(i) of the Child Nutrition Act of 1966 (42 - U.S.C. 1786(d)(3)(C)(i)); and - (B) defer anthropometric and bloodwork requirements - necessary to determine nutritional risk. - (2) Request.--A request described in this paragraph is a - request made to the Secretary by a State agency to waive, on - behalf of the local agencies served by such State agency, the - requirements described in paragraph (1) during any portion of - the emergency period (as defined in paragraph (1)(B) of section - 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) - (beginning on or after the date of the enactment of this - section). + (1) In general.--Notwithstanding any other provision of law, + the Secretary may grant a request described in paragraph (2) to-- + (A) waive the requirement under section 17(d)(3)(C)(i) of + the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(i)); + and + (B) defer anthropometric and bloodwork requirements + necessary to determine nutritional risk. + (2) Request.--A request described in this paragraph is a + request made to the Secretary by a State agency to waive, on behalf + of the local agencies served by such State agency, the requirements + described in paragraph (1) during any portion of the emergency + period (as defined in paragraph (1)(B) of section 1135(g) of the + Social Security Act (42 U.S.C. 1320b-5(g)) (beginning on or after + the date of the enactment of this section). (b) Reports.-- - (1) Local agency reports.--Each local agency that uses a - waiver pursuant to subsection (a) shall, not later than 1 year - after the date such local agency uses such waiver, submit a - report to the State agency serving such local agency that - includes the following: - (A) A summary of the use of such waiver by the - local agency. - (B) A description of whether such waiver resulted - in improved services to women, infants, and children. - (2) State agency reports.--Each State agency that receives - a waiver under subsection (a) shall, not later than 18 months - after the date such State agency received such waiver, submit a - report to the Secretary that includes the following: - (A) A summary of the reports received by the State - agency under paragraph (1). - (B) A description of whether such waiver resulted - in improved services to women, infants, and children. + (1) Local agency reports.--Each local agency that uses a waiver + pursuant to subsection (a) shall, not later than 1 year after the + date such local agency uses such waiver, submit a report to the + State agency serving such local agency that includes the following: + (A) A summary of the use of such waiver by the local + agency. + (B) A description of whether such waiver resulted in + improved services to women, infants, and children. + (2) State agency reports.--Each State agency that receives a + waiver under subsection (a) shall, not later than 18 months after + the date such State agency received such waiver, submit a report to + the Secretary that includes the following: + (A) A summary of the reports received by the State agency + under paragraph (1). + (B) A description of whether such waiver resulted in + improved services to women, infants, and children. (c) Sunset.--The authority under this section shall expire on September 30, 2020. (d) Definitions.--In this section: - (1) Local agency.--The term ``local agency'' has the - meaning given the term in section 17(b) of the Child Nutrition - Act of 1966 (42 U.S.C. 1786(b)). - (2) Nutritional risk.--The term ``nutritional risk'' has - the meaning given the term in section 17(b) of the Child - Nutrition Act of 1966 (42 U.S.C. 1786(b)). - (3) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture. - (4) State agency.-- The term ``State agency'' has the - meaning given the term in section 17(b) of the Child Nutrition - Act of 1966 (42 U.S.C. 1786(b)). - + (1) Local agency.--The term ``local agency'' has the meaning + given the term in section 17(b) of the Child Nutrition Act of 1966 + (42 U.S.C. 1786(b)). + (2) Nutritional risk.--The term ``nutritional risk'' has the + meaning given the term in section 17(b) of the Child Nutrition Act + of 1966 (42 U.S.C. 1786(b)). + (3) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture. + (4) State agency.-- The term ``State agency'' has the meaning + given the term in section 17(b) of the Child Nutrition Act of 1966 + (42 U.S.C. 1786(b)). SEC. 2204. ADMINISTRATIVE REQUIREMENTS WAIVER UNDER WIC. - (a) Waiver Authority.-- - (1) In general.--Notwithstanding any other provision of - law, the Secretary of Agriculture may, if requested by a State - agency (as defined in section 17(b) of the Child Nutrition Act - of 1966 (42 U.S.C. 1786(b)), modify or waive any qualified - administrative requirement with respect to such State agency. - (2) Qualified administrative requirement.--In this section, - the term ``qualified administrative requirement'' means a - regulatory requirement issued under section 17 of the Child - Nutrition Act of 1966 (42 U.S.C. 1786) that the Secretary of - Agriculture determines-- - (A) cannot be met by a State agency due to COVID- - 19; and - (B) the modification or waiver of which is - necessary to provide assistance under such section. + (1) In general.--Notwithstanding any other provision of law, + the Secretary of Agriculture may, if requested by a State agency + (as defined in section 17(b) of the Child Nutrition Act of 1966 (42 + U.S.C. 1786(b)), modify or waive any qualified administrative + requirement with respect to such State agency. + (2) Qualified administrative requirement.--In this section, the + term ``qualified administrative requirement'' means a regulatory + requirement issued under section 17 of the Child Nutrition Act of + 1966 (42 U.S.C. 1786) that the Secretary of Agriculture + determines-- + (A) cannot be met by a State agency due to COVID-19; and + (B) the modification or waiver of which is necessary to + provide assistance under such section. (b) State Agency Reports.--Each State agency that receives a waiver under subsection (a)(1) shall, not later than 1 year after the date such State agency received such waiver, submit a report to the Secretary of Agriculture that includes the following: - (1) A summary of the use of such waiver by the State - agency. - (2) A description of whether such waiver resulted in - improved services to women, infants, and children. + (1) A summary of the use of such waiver by the State agency. + (2) A description of whether such waiver resulted in improved + services to women, infants, and children. (c) Sunset.--The authority under this section shall expire on September 30, 2020. TITLE III--SNAP WAIVERS SEC. 2301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS WORKERS. - (a) Beginning with the first month that begins after the enactment of this Act and for each subsequent month through the end of the month subsequent to the month a public health emergency declaration by the @@ -565,45 +538,40 @@ outbreak of COVID-19 is lifted for purposes of section 6(o) of the Food and Nutrition Act of 2008, such State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to such month. - SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC HEALTH EMERGENCY. - (a) In the event of a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID-19) and the issuance of an emergency or disaster declaration by a State based on an outbreak of COVID-19, the Secretary of Agriculture-- - (1) shall provide, at the request of a State agency (as - defined in section 3 of the Food and Nutrition Act of 2008) - that provides sufficient data (as determined by the Secretary - through guidance) supporting such request, for emergency - allotments to households participating in the supplemental - nutrition assistance program under the Food and Nutrition Act - of 2008 to address temporary food needs not greater than the - applicable maximum monthly allotment for the household size; - and - (2) may adjust, at the request of State agencies or by - guidance in consultation with one or more State agencies, - issuance methods and application and reporting requirements - under the Food and Nutrition Act of 2008 to be consistent with - what is practicable under actual conditions in affected areas. - (In making this adjustment, the Secretary shall consider the - availability of offices and personnel in State agencies, any - conditions that make reliance on electronic benefit transfer - systems described in section 7(h) of the Food and Nutrition Act - of 2008 impracticable, any disruptions of transportation and - communication facilities, and any health considerations that - warrant alternative approaches.) + (1) shall provide, at the request of a State agency (as defined + in section 3 of the Food and Nutrition Act of 2008) that provides + sufficient data (as determined by the Secretary through guidance) + supporting such request, for emergency allotments to households + participating in the supplemental nutrition assistance program + under the Food and Nutrition Act of 2008 to address temporary food + needs not greater than the applicable maximum monthly allotment for + the household size; and + (2) may adjust, at the request of State agencies or by guidance + in consultation with one or more State agencies, issuance methods + and application and reporting requirements under the Food and + Nutrition Act of 2008 to be consistent with what is practicable + under actual conditions in affected areas. (In making this + adjustment, the Secretary shall consider the availability of + offices and personnel in State agencies, any conditions that make + reliance on electronic benefit transfer systems described in + section 7(h) of the Food and Nutrition Act of 2008 impracticable, + any disruptions of transportation and communication facilities, and + any health considerations that warrant alternative approaches.) (b) Not later than 10 days after the date of the receipt or issuance of each document listed in paragraphs (1), (2), or (3) of this subsection, the Secretary of Agriculture shall make publicly available on the website of the Department the following documents: - (1) Any request submitted by State agencies under - subsection (a). - (2) The Secretary's approval or denial of each such - request. - (3) Any guidance issued under subsection (a)(2). + (1) Any request submitted by State agencies under subsection + (a). + (2) The Secretary's approval or denial of each such request. + (3) Any guidance issued under subsection (a)(2). (c) The Secretary of Agriculture shall, within 18 months after the public health emergency declaration described in subsection (a) is lifted, submit a report to the House and Senate Agriculture Committees @@ -618,176 +586,148 @@ preparations for any future health emergencies. DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT SEC. 3101. SHORT TITLE. - This Act may be cited as ``Emergency Family and Medical Leave Expansion Act''. - SEC. 3102. AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993. - (a) Public Health Emergency Leave.-- - (1) In general.--Section 102(a)(1) of the Family and - Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by - adding at the end the following: - ``(F) During the period beginning on the date the - Emergency Family and Medical Leave Expansion Act takes - effect, and ending on December 31, 2020, because of a - qualifying need related to a public health emergency in - accordance with section 110.''. - (2) Paid leave requirement.--Section 102(c) of the Family - and Medical Leave Act of 1993 (29 U.S.C. 2612(c)) is amended by - striking ``under subsection (a)'' and inserting ``under - subsection (a) (other than certain periods of leave under - subsection (a)(1)(F))''. + (1) In general.--Section 102(a)(1) of the Family and Medical + Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding at + the end the following: + ``(F) During the period beginning on the date the Emergency + Family and Medical Leave Expansion Act takes effect, and ending + on December 31, 2020, because of a qualifying need related to a + public health emergency in accordance with section 110.''. + (2) Paid leave requirement.--Section 102(c) of the Family and + Medical Leave Act of 1993 (29 U.S.C. 2612(c)) is amended by + striking ``under subsection (a)'' and inserting ``under subsection + (a) (other than certain periods of leave under subsection + (a)(1)(F))''. (b) Requirements.--Title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is amended by adding at the end the following: - -``SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE. - + ``SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE. ``(a) Definitions.--The following shall apply with respect to leave under section 102(a)(1)(F): - ``(1) Application of certain terms.--The definitions in - section 101 shall apply, except as follows: - ``(A) Eligible employee.--In lieu of the definition - in sections 101(2)(A) and 101(2)(B)(ii), the term - `eligible employee' means an employee who has been - employed for at least 30 calendar days by the employer - with respect to whom leave is requested under section - 102(a)(1)(F). - ``(B) Employer threshold.--Section 101(4)(A)(i) - shall be applied by substituting `fewer than 500 - employees' for `50 or more employees for each working - day during each of 20 or more calendar workweeks in the - current or preceding calendar year'. - ``(2) Additional definitions.--In addition to the - definitions described in paragraph (1), the following - definitions shall apply with respect to leave under section - 102(a)(1)(F): - ``(A) Qualifying need related to a public health - emergency.--The term `qualifying need related to a - public health emergency', with respect to leave, means - the employee is unable to work (or telework) due to a - need for leave to care for the son or daughter under 18 - years of age of such employee if the school or place of - care has been closed, or the child care provider of - such son or daughter is unavailable, due to a public - health emergency. - ``(B) Public health emergency.--The term `public - health emergency' means an emergency with respect to - COVID-19 declared by a Federal, State, or local - authority. - ``(C) Child care provider.--The term `child care - provider' means a provider who receives compensation - for providing child care services on a regular basis, - including an `eligible child care provider' (as defined - in section 658P of the Child Care and Development Block - Grant Act of 1990 (42 U.S.C. 9858n)). - ``(D) School.--The term `school' means an - `elementary school' or `secondary school' as such terms - are defined in section 8101 of the Elementary and - Secondary Education Act of 1965 (20 U.S.C. 7801). - ``(3) Regulatory authorities.--The Secretary of Labor shall - have the authority to issue regulations for good cause under - sections 553(b)(B) and 553(d)(A) of title 5, United States - Code-- - ``(A) to exclude certain health care providers and - emergency responders from the definition of eligible - employee under section 110(a)(1)(A); and - ``(B) to exempt small businesses with fewer than 50 - employees from the requirements of section 102(a)(1)(F) - when the imposition of such requirements would - jeopardize the viability of the business as a going - concern. + ``(1) Application of certain terms.--The definitions in section + 101 shall apply, except as follows: + ``(A) Eligible employee.--In lieu of the definition in + sections 101(2)(A) and 101(2)(B)(ii), the term `eligible + employee' means an employee who has been employed for at least + 30 calendar days by the employer with respect to whom leave is + requested under section 102(a)(1)(F). + ``(B) Employer threshold.--Section 101(4)(A)(i) shall be + applied by substituting `fewer than 500 employees' for `50 or + more employees for each working day during each of 20 or more + calendar workweeks in the current or preceding calendar year'. + ``(2) Additional definitions.--In addition to the definitions + described in paragraph (1), the following definitions shall apply + with respect to leave under section 102(a)(1)(F): + ``(A) Qualifying need related to a public health + emergency.--The term `qualifying need related to a public + health emergency', with respect to leave, means the employee is + unable to work (or telework) due to a need for leave to care + for the son or daughter under 18 years of age of such employee + if the school or place of care has been closed, or the child + care provider of such son or daughter is unavailable, due to a + public health emergency. + ``(B) Public health emergency.--The term `public health + emergency' means an emergency with respect to COVID-19 declared + by a Federal, State, or local authority. + ``(C) Child care provider.--The term `child care provider' + means a provider who receives compensation for providing child + care services on a regular basis, including an `eligible child + care provider' (as defined in section 658P of the Child Care + and Development Block Grant Act of 1990 (42 U.S.C. 9858n)). + ``(D) School.--The term `school' means an `elementary + school' or `secondary school' as such terms are defined in + section 8101 of the Elementary and Secondary Education Act of + 1965 (20 U.S.C. 7801). + ``(3) Regulatory authorities.--The Secretary of Labor shall + have the authority to issue regulations for good cause under + sections 553(b)(B) and 553(d)(A) of title 5, United States Code-- + ``(A) to exclude certain health care providers and + emergency responders from the definition of eligible employee + under section 110(a)(1)(A); and + ``(B) to exempt small businesses with fewer than 50 + employees from the requirements of section 102(a)(1)(F) when + the imposition of such requirements would jeopardize the + viability of the business as a going concern. ``(b) Relationship to Paid Leave.-- - ``(1) Unpaid leave for initial 10 days.-- - ``(A) In general.--The first 10 days for which an - employee takes leave under section 102(a)(1)(F) may - consist of unpaid leave. - ``(B) Employee election.--An employee may elect to - substitute any accrued vacation leave, personal leave, - or medical or sick leave for unpaid leave under section - 102(a)(1)(F) in accordance with section 102(d)(2)(B). - ``(2) Paid leave for subsequent days.-- - ``(A) In general.--An employer shall provide paid - leave for each day of leave under section 102(a)(1)(F) - that an employee takes after taking leave under such - section for 10 days. - ``(B) Calculation.-- - ``(i) In general.--Subject to clause (ii), - paid leave under subparagraph (A) for an - employee shall be calculated based on-- - ``(I) an amount that is not less - than two-thirds of an employee's - regular rate of pay (as determined - under section 7(e) of the Fair Labor - Standards Act of 1938 (29 U.S.C. - 207(e)); and - ``(II) the number of hours the - employee would otherwise be normally - scheduled to work (or the number of - hours calculated under subparagraph - (C)). - ``(ii) Clarification.--In no event shall - such paid leave exceed $200 per day and $10,000 - in the aggregate. - ``(C) Varying schedule hours calculation.--In the - case of an employee whose schedule varies from week to - week to such an extent that an employer is unable to - determine with certainty the number of hours the - employee would have worked if such employee had not - taken leave under section 102(a)(1)(F), the employer - shall use the following in place of such number: - ``(i) Subject to clause (ii), a number - equal to the average number of hours that the - employee was scheduled per day over the 6-month - period ending on the date on which the employee - takes such leave, including hours for which the - employee took leave of any type. - ``(ii) If the employee did not work over - such period, the reasonable expectation of the - employee at the time of hiring of the average - number of hours per day that the employee would - normally be scheduled to work. + ``(1) Unpaid leave for initial 10 days.-- + ``(A) In general.--The first 10 days for which an employee + takes leave under section 102(a)(1)(F) may consist of unpaid + leave. + ``(B) Employee election.--An employee may elect to + substitute any accrued vacation leave, personal leave, or + medical or sick leave for unpaid leave under section + 102(a)(1)(F) in accordance with section 102(d)(2)(B). + ``(2) Paid leave for subsequent days.-- + ``(A) In general.--An employer shall provide paid leave for + each day of leave under section 102(a)(1)(F) that an employee + takes after taking leave under such section for 10 days. + ``(B) Calculation.-- + ``(i) In general.--Subject to clause (ii), paid leave + under subparagraph (A) for an employee shall be calculated + based on-- + + ``(I) an amount that is not less than two-thirds of + an employee's regular rate of pay (as determined under + section 7(e) of the Fair Labor Standards Act of 1938 + (29 U.S.C. 207(e)); and + ``(II) the number of hours the employee would + otherwise be normally scheduled to work (or the number + of hours calculated under subparagraph (C)). + + ``(ii) Clarification.--In no event shall such paid + leave exceed $200 per day and $10,000 in the aggregate. + ``(C) Varying schedule hours calculation.--In the case of + an employee whose schedule varies from week to week to such an + extent that an employer is unable to determine with certainty + the number of hours the employee would have worked if such + employee had not taken leave under section 102(a)(1)(F), the + employer shall use the following in place of such number: + ``(i) Subject to clause (ii), a number equal to the + average number of hours that the employee was scheduled per + day over the 6-month period ending on the date on which the + employee takes such leave, including hours for which the + employee took leave of any type. + ``(ii) If the employee did not work over such period, + the reasonable expectation of the employee at the time of + hiring of the average number of hours per day that the + employee would normally be scheduled to work. ``(c) Notice.--In any case where the necessity for leave under section 102(a)(1)(F) for the purpose described in subsection (a)(2)(A)(iii) is foreseeable, an employee shall provide the employer with such notice of leave as is practicable. ``(d) Restoration to Position.-- - ``(1) In general.--Section 104(a)(1) shall not apply with - respect to an employee of an employer who employs fewer than 25 - employees if the conditions described in paragraph (2) are met. - ``(2) Conditions.--The conditions described in this - paragraph are the following: - ``(A) The employee takes leave under section - 102(a)(1)(F). - ``(B) The position held by the employee when the - leave commenced does not exist due to economic - conditions or other changes in operating conditions of - the employer-- - ``(i) that affect employment; and - ``(ii) are caused by a public health - emergency during the period of leave. - ``(C) The employer makes reasonable efforts to - restore the employee to a position equivalent to the - position the employee held when the leave commenced, - with equivalent employment benefits, pay, and other - terms and conditions of employment. - ``(D) If the reasonable efforts of the employer - under subparagraph (C) fail, the employer makes - reasonable efforts during the period described in - paragraph (3) to contact the employee if an equivalent - position described in subparagraph (C) becomes - available. - ``(3) Contact period.--The period described under this - paragraph is the 1-year period beginning on the earlier of-- - ``(A) the date on which the qualifying need related - to a public health emergency concludes; or - ``(B) the date that is 12 weeks after the date on - which the employee's leave under section 102(a)(1)(F) - commences.''. - + ``(1) In general.--Section 104(a)(1) shall not apply with + respect to an employee of an employer who employs fewer than 25 + employees if the conditions described in paragraph (2) are met. + ``(2) Conditions.--The conditions described in this paragraph + are the following: + ``(A) The employee takes leave under section 102(a)(1)(F). + ``(B) The position held by the employee when the leave + commenced does not exist due to economic conditions or other + changes in operating conditions of the employer-- + ``(i) that affect employment; and + ``(ii) are caused by a public health emergency during + the period of leave. + ``(C) The employer makes reasonable efforts to restore the + employee to a position equivalent to the position the employee + held when the leave commenced, with equivalent employment + benefits, pay, and other terms and conditions of employment. + ``(D) If the reasonable efforts of the employer under + subparagraph (C) fail, the employer makes reasonable efforts + during the period described in paragraph (3) to contact the + employee if an equivalent position described in subparagraph + (C) becomes available. + ``(3) Contact period.--The period described under this + paragraph is the 1-year period beginning on the earlier of-- + ``(A) the date on which the qualifying need related to a + public health emergency concludes; or + ``(B) the date that is 12 weeks after the date on which the + employee's leave under section 102(a)(1)(F) commences.''. SEC. 3103. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS. - (a) Employers.--An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under @@ -809,23 +749,17 @@ program based on hours they have worked under the multiemployer collective bargaining agreement for paid leave taken under section 102(a)(1)(F) of title I of the Family and Medical Leave Act of 1993, as added by the Families First Coronavirus Response Act. - SEC. 3104. SPECIAL RULE FOR CERTAIN EMPLOYERS. - An employer under 110(a)(B) shall not be subject to section 107(a) for a violation of section 102(a)(1)(F) if the employer does not meet the definition of employer set forth in Section 101(4)(A)(i). - SEC. 3105. SPECIAL RULE FOR HEALTH CARE PROVIDERS AND EMERGENCY - RESPONDERS. - +RESPONDERS. An employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of the provisions in the amendments made under of section 3102 of this Act. - SEC. 3106. EFFECTIVE DATE. - This Act shall take effect not later than 15 days after the date of enactment of this Act. @@ -833,13 +767,10 @@ of enactment of this Act. ACT OF 2020 SEC. 4101. SHORT TITLE. - This division may be cited as the ``Emergency Unemployment Insurance Stabilization and Access Act of 2020''. - SEC. 4102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT COMPENSATION - ADMINISTRATION. - +ADMINISTRATION. (a) In General.--Section 903 of the Social Security Act (42 U.S.C. 1103) is amended by adding at the end the following: @@ -859,46 +790,44 @@ that would have been subject to transfer to State accounts, as of October 1, 2019, under the provisions of subsection (a). ``(C) Of the emergency administration grant determined under subparagraph (B) with respect to a State-- - ``(i) not later than 60 days after the date of enactment of - this subsection, 50 percent shall be transferred to the account - of such State upon a certification by the Secretary of Labor to - the Secretary of the Treasury that the State meets the - requirements of paragraph (2); and - ``(ii) only with respect to a State in which the number of - unemployment compensation claims has increased by at least 10 - percent over the same quarter in the previous calendar year, - the remainder shall be transferred to the account of such State - upon a certification by the Secretary of Labor to the Secretary - of the Treasury that the State meets the requirements of - paragraph (3). + ``(i) not later than 60 days after the date of enactment of + this subsection, 50 percent shall be transferred to the account of + such State upon a certification by the Secretary of Labor to the + Secretary of the Treasury that the State meets the requirements of + paragraph (2); and + ``(ii) only with respect to a State in which the number of + unemployment compensation claims has increased by at least 10 + percent over the same quarter in the previous calendar year, the + remainder shall be transferred to the account of such State upon a + certification by the Secretary of Labor to the Secretary of the + Treasury that the State meets the requirements of paragraph (3). ``(2) The requirements of this paragraph with respect to a State are the following: - ``(A) The State requires employers to provide notification - of the availability of unemployment compensation to employees - at the time of separation from employment. Such notification - may be based on model notification language issued by the - Secretary of Labor. - ``(B) The State ensures that applications for unemployment - compensation, and assistance with the application process, are - accessible in at least two of the following: in-person, by - phone, or online. - ``(C) The State notifies applicants when an application is - received and is being processed, and in any case in which an - application is unable to be processed, provides information - about steps the applicant can take to ensure the successful - processing of the application. + ``(A) The State requires employers to provide notification of + the availability of unemployment compensation to employees at the + time of separation from employment. Such notification may be based + on model notification language issued by the Secretary of Labor. + ``(B) The State ensures that applications for unemployment + compensation, and assistance with the application process, are + accessible in at least two of the following: in-person, by phone, + or online. + ``(C) The State notifies applicants when an application is + received and is being processed, and in any case in which an + application is unable to be processed, provides information about + steps the applicant can take to ensure the successful processing of + the application. ``(3) The requirements of this paragraph with respect to a State are the following: - ``(A) The State has expressed its commitment to maintain - and strengthen access to the unemployment compensation system, - including through initial and continued claims. - ``(B) The State has demonstrated steps it has taken or will - take to ease eligibility requirements and access to - unemployment compensation for claimants, including waiving work - search requirements and the waiting week, and non-charging - employers directly impacted by COVID-19 due to an illness in - the workplace or direction from a public health official to - isolate or quarantine workers. + ``(A) The State has expressed its commitment to maintain and + strengthen access to the unemployment compensation system, + including through initial and continued claims. + ``(B) The State has demonstrated steps it has taken or will + take to ease eligibility requirements and access to unemployment + compensation for claimants, including waiving work search + requirements and the waiting week, and non-charging employers + directly impacted by COVID-19 due to an illness in the workplace or + direction from a public health official to isolate or quarantine + workers. ``(4) Any amount transferred to the account of a State under this subsection may be used by such State only for the administration of its unemployment compensation law, including by taking such steps as may be @@ -909,10 +838,10 @@ each State receiving emergency administration grant funding under paragraph (1)(C)(i) shall submit to the Secretary of Labor, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, a report that includes-- - ``(A) an analysis of the recipiency rate for unemployment - compensation in the State as such rate has changed over time; - ``(B) a description of steps the State intends to take to - increase such recipiency rate. + ``(A) an analysis of the recipiency rate for unemployment + compensation in the State as such rate has changed over time; + ``(B) a description of steps the State intends to take to + increase such recipiency rate. ``(6)(A) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security @@ -933,28 +862,22 @@ section 3304 of the Internal Revenue Code of 1986 to such State law. (c) Regulations.--The Secretary of Labor may prescribe any regulations, operating instructions, or other guidance necessary to carry out the amendment made by subsection (a). - SEC. 4103. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES. - Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking ``beginning on the date of enactment of this paragraph and ending on December 31, 2010'' and inserting ``beginning on the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 and ending on December 31, 2020''. - SEC. 4104. TECHNICAL ASSISTANCE AND GUIDANCE FOR SHORT-TIME - COMPENSATION PROGRAMS. - +COMPENSATION PROGRAMS. The Secretary of Labor shall assist States in establishing, implementing, and improving the employer awareness of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986) to help avert layoffs, including by providing technical assistance and guidance. - SEC. 4105. FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION - FOR A LIMITED PERIOD. - +FOR A LIMITED PERIOD. (a) In General.--In the case of sharable extended compensation and sharable regular compensation paid for weeks of unemployment beginning after the date of the enactment of this section and before December 31, @@ -971,13 +894,13 @@ ending on or before December 31, 2020, subparagraph (B) of section 204(a)(2) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) shall not apply. (c) Definitions.--For purposes of this section-- - (1) the terms ``sharable extended compensation'' and - ``sharable regular compensation'' have the respective meanings - given such terms under section 204 of the Federal-State - Extended Unemployment Compensation Act of 1970; and - (2) the term ``week'' has the meaning given such term under - section 205 of the Federal-State Extended Unemployment - Compensation Act of 1970. + (1) the terms ``sharable extended compensation'' and ``sharable + regular compensation'' have the respective meanings given such + terms under section 204 of the Federal-State Extended Unemployment + Compensation Act of 1970; and + (2) the term ``week'' has the meaning given such term under + section 205 of the Federal-State Extended Unemployment Compensation + Act of 1970. (d) Regulations.--The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this section. @@ -985,45 +908,42 @@ section. DIVISION E--EMERGENCY PAID SICK LEAVE ACT SEC. 5101. SHORT TITLE. - This Act may be cited as the ``Emergency Paid Sick Leave Act''. - SEC. 5102. PAID SICK TIME REQUIREMENT. - (a) In General.--An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: - (1) The employee is subject to a Federal, State, or local - quarantine or isolation order related to COVID-19. - (2) The employee has been advised by a health care provider - to self-quarantine due to concerns related to COVID-19. - (3) The employee is experiencing symptoms of COVID-19 and - seeking a medical diagnosis. - (4) The employee is caring for an individual who is subject - to an order as described in subparagraph (1) or has been - advised as described in paragraph (2). - (5) The employee is caring for a son or daughter of such - employee if the school or place of care of the son or daughter - has been closed, or the child care provider of such son or - daughter is unavailable, due to COVID-19 precautions. - (6) The employee is experiencing any other substantially - similar condition specified by the Secretary of Health and - Human Services in consultation with the Secretary of the - Treasury and the Secretary of Labor. + (1) The employee is subject to a Federal, State, or local + quarantine or isolation order related to COVID-19. + (2) The employee has been advised by a health care provider to + self-quarantine due to concerns related to COVID-19. + (3) The employee is experiencing symptoms of COVID-19 and + seeking a medical diagnosis. + (4) The employee is caring for an individual who is subject to + an order as described in subparagraph (1) or has been advised as + described in paragraph (2). + (5) The employee is caring for a son or daughter of such + employee if the school or place of care of the son or daughter has + been closed, or the child care provider of such son or daughter is + unavailable, due to COVID-19 precautions. + (6) The employee is experiencing any other substantially + similar condition specified by the Secretary of Health and Human + Services in consultation with the Secretary of the Treasury and the + Secretary of Labor. Except that an employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of this subsection. (b) Duration of Paid Sick Time.-- - (1) In general.--An employee shall be entitled to paid sick - time for an amount of hours determined under paragraph (2). - (2) Amount of hours.--The amount of hours of paid sick time - to which an employee is entitled shall be as follows: - (A) For full-time employees, 80 hours. - (B) For part-time employees, a number of hours - equal to the number of hours that such employee works, - on average, over a 2-week period. - (3) Carryover.--Paid sick time under this section shall not - carry over from 1 year to the next. + (1) In general.--An employee shall be entitled to paid sick + time for an amount of hours determined under paragraph (2). + (2) Amount of hours.--The amount of hours of paid sick time to + which an employee is entitled shall be as follows: + (A) For full-time employees, 80 hours. + (B) For part-time employees, a number of hours equal to the + number of hours that such employee works, on average, over a 2- + week period. + (3) Carryover.--Paid sick time under this section shall not + carry over from 1 year to the next. (c) Employer's Termination of Paid Sick Time.--Paid sick time provided to an employee under this Act shall cease beginning with the employee's next scheduled workshift immediately following the @@ -1033,21 +953,19 @@ providing paid sick time under this Act, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time. (e) Use of Paid Sick Time.-- - (1) In general.--The paid sick time under subsection (a) - shall be available for immediate use by the employee for the - purposes described in such subsection, regardless of how long - the employee has been employed by an employer. - (2) Sequencing.-- - (A) In general.--An employee may first use the paid - sick time under subsection (a) for the purposes - described in such subsection. - (B) Prohibition.--An employer may not require an - employee to use other paid leave provided by the - employer to the employee before the employee uses the - paid sick time under subsection (a). - + (1) In general.--The paid sick time under subsection (a) shall + be available for immediate use by the employee for the purposes + described in such subsection, regardless of how long the employee + has been employed by an employer. + (2) Sequencing.-- + (A) In general.--An employee may first use the paid sick + time under subsection (a) for the purposes described in such + subsection. + (B) Prohibition.--An employer may not require an employee + to use other paid leave provided by the employer to the + employee before the employee uses the paid sick time under + subsection (a). SEC. 5103. NOTICE. - (a) In General.--Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved @@ -1056,37 +974,29 @@ by the Secretary of Labor, of the requirements described in this Act. enactment of this Act, the Secretary of Labor shall make publicly available a model of a notice that meets the requirements of subsection (a). - SEC. 5104. PROHIBITED ACTS. - It shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who-- - (1) takes leave in accordance with this Act; and - (2) has filed any complaint or instituted or caused to be - instituted any proceeding under or related to this Act - (including a proceeding that seeks enforcement of this Act), or - has testified or is about to testify in any such proceeding. - + (1) takes leave in accordance with this Act; and + (2) has filed any complaint or instituted or caused to be + instituted any proceeding under or related to this Act (including a + proceeding that seeks enforcement of this Act), or has testified or + is about to testify in any such proceeding. SEC. 5105. ENFORCEMENT. - (a) Unpaid Sick Leave.--An employer who violates section 5102 shall-- - (1) be considered to have failed to pay minimum wages in - violation of section 6 of the Fair Labor Standards Act of 1938 - (29 U.S.C. 206); and - (2) be subject to the penalties described in sections 16 - and 17 of such Act (29 U.S.C. 216; 217) with respect to such - violation. + (1) be considered to have failed to pay minimum wages in + violation of section 6 of the Fair Labor Standards Act of 1938 (29 + U.S.C. 206); and + (2) be subject to the penalties described in sections 16 and 17 + of such Act (29 U.S.C. 216; 217) with respect to such violation. (b) Unlawful Termination.--An employer who willfully violates section 5104 shall-- - (1) be considered to be in violation of section 15(a)(3) of - the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and - (2) be subject to the penalties described in sections 16 - and 17 of such Act (29 U.S.C. 216; 217) with respect to such - violation. - + (1) be considered to be in violation of section 15(a)(3) of the + Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and + (2) be subject to the penalties described in sections 16 and 17 + of such Act (29 U.S.C. 216; 217) with respect to such violation. SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS. - (a) Employers.--An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under @@ -1104,249 +1014,204 @@ provided in subsection (a) may secure pay from such fund, plan, or program based on hours they have worked under the multiemployer collective bargaining agreement for the uses specified in section 5102(a). - SEC. 5107. RULES OF CONSTRUCTION. - Nothing in this Act shall be construed-- - (1) to in any way diminish the rights or benefits that an - employee is entitled to under any-- - (A) other Federal, State, or local law; - (B) collective bargaining agreement; or - (C) existing employer policy; or - (2) to require financial or other reimbursement to an - employee from an employer upon the employee's termination, - resignation, retirement, or other separation from employment - for paid sick time under this Act that has not been used by - such employee. - + (1) to in any way diminish the rights or benefits that an + employee is entitled to under any-- + (A) other Federal, State, or local law; + (B) collective bargaining agreement; or + (C) existing employer policy; or + (2) to require financial or other reimbursement to an employee + from an employer upon the employee's termination, resignation, + retirement, or other separation from employment for paid sick time + under this Act that has not been used by such employee. SEC. 5108. EFFECTIVE DATE. - This Act, and the requirements under this Act, shall take effect not later than 15 days after the date of enactment of this Act. - SEC. 5109. SUNSET. - This Act, and the requirements under this Act, shall expire on December 31, 2020. - SEC. 5110. DEFINITIONS. - For purposes of the Act: - (1) Employee.--The terms ``employee'' means an individual - who is-- - (A)(i) an employee, as defined in section 3(e) of - the Fair Labor Standards Act of 1938 (29 U.S.C. - 203(e)), who is not covered under subparagraph (E) or - (F), including such an employee of the Library of - Congress, except that a reference in such section to an - employer shall be considered to be a reference to an - employer described in clauses (i)(I) and (ii) of - paragraph (5)(A); or - (ii) an employee of the Government Accountability - Office; - (B) a State employee described in section 304(a) of - the Government Employee Rights Act of 1991 (42 U.S.C. - 2000e-16c(a)); - (C) a covered employee, as defined in section 101 - of the Congressional Accountability Act of 1995 (2 - U.S.C. 1301), other than an applicant for employment; - (D) a covered employee, as defined in section - 411(c) of title 3, United States Code; - (E) a Federal officer or employee covered under - subchapter V of chapter 63 of title 5, United States - Code; or - (F) any other individual occupying a position in - the civil service (as that term is defined in section - 2101(1) of title 5, United States Code). - (2) Employer.-- - (A) In general.--The term ``employer'' means a - person who is-- - (i)(I) a covered employer, as defined in - subparagraph (B), who is not covered under - subclause (V); - (II) an entity employing a State employee - described in section 304(a) of the Government - Employee Rights Act of 1991; - (III) an employing office, as defined in - section 101 of the Congressional Accountability - Act of 1995; - (IV) an employing office, as defined in - section 411(c) of title 3, United States Code; - or - (V) an Executive Agency as defined in - section 105 of title 5, United States Code, and - including the U.S. Postal Service and the - Postal Regulatory Commission; and - (ii) engaged in commerce (including - government), or an industry or activity - affecting commerce (including government), as - defined in subparagraph (B)(iii). - (B) Covered employer.-- - (i) In general.--In subparagraph (A)(i)(I), - the term ``covered employer''-- - (I) means any person engaged in - commerce or in any industry or activity - affecting commerce that-- - (aa) in the case of a - private entity or individual, - employs fewer than 500 - employees; and - (bb) in the case of a - public agency or any other - entity that is not a private - entity or individual, employs 1 - or more employees; - (II) includes-- - (aa) includes any person - acting directly or indirectly - in the interest of an employer - in relation to an employee - (within the meaning of such - phrase in section 3(d) of the - Fair Labor Standards Act of - 1938 (29 U.S.C. 203(d)); and - (bb) any successor in - interest of an employer; - (III) includes any ``public - agency'', as defined in section 3(x) of - the Fair Labor Standards Act of 1938 - (29 U.S.C. 203(x)); and - (IV) includes the Government - Accountability Office and the Library - of Congress. - (ii) Public agency.--For purposes of clause - (i)(IV), a public agency shall be considered to - be a person engaged in commerce or in an - industry or activity affecting commerce. - (iii) Definitions.--For purposes of this - subparagraph: - (I) Commerce.--The terms - ``commerce'' and ``industry or activity - affecting commerce'' means any - activity, business, or industry in - commerce or in which a labor dispute - would hinder or obstruct commerce or - the free flow of commerce, and include - ``commerce'' and any ``industry - affecting commerce'', as defined in - paragraphs (1) and (3) of section 501 - of the Labor Management Relations Act - of 1947 (29 U.S.C. 142 (1) and (3)). - (II) Employee.--The term - ``employee'' has the same meaning given - such term in section 3(e) of the Fair - Labor Standards Act of 1938 (29 U.S.C. - 203(e)). - (III) Person.--The term ``person'' - has the same meaning given such term in - section 3(a) of the Fair Labor - Standards Act of 1938 (29 U.S.C. - 203(a)). - (3) FLSA terms.--The terms ``employ'' and ``State'' have - the meanings given such terms in section 3 of the Fair Labor - Standards Act of 1938 (29 U.S.C. 203). - (4) FMLA terms.--The terms ``health care provider'' and - ``son or daughter'' have the meanings given such terms in - section 101 of the Family and Medical Leave Act of 1993 (29 - U.S.C. 2611). - (5) Paid sick time.-- - (A) In general.--The term ``paid sick time'' means - an increment of compensated leave that-- - (i) is provided by an employer for use - during an absence from employment for a reason - described in any paragraph of section 2(a); and - (ii) is calculated based on the employee's - required compensation under subparagraph (B) - and the number of hours the employee would - otherwise be normally scheduled to work (or the - number of hours calculated under subparagraph - (C)), except that in no event shall such paid - sick time exceed-- - (I) $511 per day and $5,110 in the - aggregate for a use described in - paragraph (1), (2), or (3) of section - 5102(a); and - (II) $200 per day and $2,000 in the - aggregate for a use described in - paragraph (4), (5), or (6) of section - 5102(a). - (B) Required compensation.-- - (i) In general.--Subject to subparagraph - (A)(ii), the employee's required compensation - under this subparagraph shall be not less than - the greater of the following: - (I) The employee's regular rate of - pay (as determined under section 7(e) - of the Fair Labor Standards Act of 1938 - (29 U.S.C. 207(e)). - (II) The minimum wage rate in - effect under section 6(a)(1) of the - Fair Labor Standards Act of 1938 (29 - U.S.C. 206(a)(1)). - (III) The minimum wage rate in - effect for such employee in the - applicable State or locality, whichever - is greater, in which the employee is - employed. - (ii) Special rule for care of family - members.--Subject to subparagraph (A)(ii), with - respect to any paid sick time provided for any - use described in paragraph (4), (5), or (6) of - section 5102(a), the employee's required - compensation under this subparagraph shall be - two-thirds of the amount described in clause - (B)(i). - (C) Varying schedule hours calculation.--In the - case of a part-time employee described in section - 5102(b)(2)(B) whose schedule varies from week to week - to such an extent that an employer is unable to - determine with certainty the number of hours the - employee would have worked if such employee had not - taken paid sick time under section 2(a), the employer - shall use the following in place of such number: - (i) Subject to clause (ii), a number equal - to the average number of hours that the - employee was scheduled per day over the 6-month - period ending on the date on which the employee - takes the paid sick time, including hours for - which the employee took leave of any type. - (ii) If the employee did not work over such - period, the reasonable expectation of the - employee at the time of hiring of the average - number of hours per day that the employee would - normally be scheduled to work. - (D) Guidelines.--Not later than 15 days after the - date of the enactment of this Act, the Secretary of - Labor shall issue guidelines to assist employers in - calculating the amount of paid sick time under - subparagraph (A). - (E) Reasonable notice.--After the first workday (or - portion thereof) an employee receives paid sick time - under this Act, an employer may require the employee to - follow reasonable notice procedures in order to - continue receiving such paid sick time. - + (1) Employee.--The terms ``employee'' means an individual who + is-- + (A)(i) an employee, as defined in section 3(e) of the Fair + Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not + covered under subparagraph (E) or (F), including such an + employee of the Library of Congress, except that a reference in + such section to an employer shall be considered to be a + reference to an employer described in clauses (i)(I) and (ii) + of paragraph (5)(A); or + (ii) an employee of the Government Accountability Office; + (B) a State employee described in section 304(a) of the + Government Employee Rights Act of 1991 (42 U.S.C. 2000e- + 16c(a)); + (C) a covered employee, as defined in section 101 of the + Congressional Accountability Act of 1995 (2 U.S.C. 1301), other + than an applicant for employment; + (D) a covered employee, as defined in section 411(c) of + title 3, United States Code; + (E) a Federal officer or employee covered under subchapter + V of chapter 63 of title 5, United States Code; or + (F) any other individual occupying a position in the civil + service (as that term is defined in section 2101(1) of title 5, + United States Code). + (2) Employer.-- + (A) In general.--The term ``employer'' means a person who + is-- + (i)(I) a covered employer, as defined in subparagraph + (B), who is not covered under subclause (V); + (II) an entity employing a State employee described in + section 304(a) of the Government Employee Rights Act of + 1991; + (III) an employing office, as defined in section 101 of + the Congressional Accountability Act of 1995; + (IV) an employing office, as defined in section 411(c) + of title 3, United States Code; or + (V) an Executive Agency as defined in section 105 of + title 5, United States Code, and including the U.S. Postal + Service and the Postal Regulatory Commission; and + (ii) engaged in commerce (including government), or an + industry or activity affecting commerce (including + government), as defined in subparagraph (B)(iii). + (B) Covered employer.-- + (i) In general.--In subparagraph (A)(i)(I), the term + ``covered employer''-- + + (I) means any person engaged in commerce or in any + industry or activity affecting commerce that-- + + (aa) in the case of a private entity or + individual, employs fewer than 500 employees; and + (bb) in the case of a public agency or any + other entity that is not a private entity or + individual, employs 1 or more employees; + + (II) includes-- + + (aa) includes any person acting directly or + indirectly in the interest of an employer in + relation to an employee (within the meaning of such + phrase in section 3(d) of the Fair Labor Standards + Act of 1938 (29 U.S.C. 203(d)); and + (bb) any successor in interest of an employer; + + (III) includes any ``public agency'', as defined in + section 3(x) of the Fair Labor Standards Act of 1938 + (29 U.S.C. 203(x)); and + (IV) includes the Government Accountability Office + and the Library of Congress. + + (ii) Public agency.--For purposes of clause (i)(IV), a + public agency shall be considered to be a person engaged in + commerce or in an industry or activity affecting commerce. + (iii) Definitions.--For purposes of this subparagraph: + + (I) Commerce.--The terms ``commerce'' and + ``industry or activity affecting commerce'' means any + activity, business, or industry in commerce or in which + a labor dispute would hinder or obstruct commerce or + the free flow of commerce, and include ``commerce'' and + any ``industry affecting commerce'', as defined in + paragraphs (1) and (3) of section 501 of the Labor + Management Relations Act of 1947 (29 U.S.C. 142 (1) and + (3)). + (II) Employee.--The term ``employee'' has the same + meaning given such term in section 3(e) of the Fair + Labor Standards Act of 1938 (29 U.S.C. 203(e)). + (III) Person.--The term ``person'' has the same + meaning given such term in section 3(a) of the Fair + Labor Standards Act of 1938 (29 U.S.C. 203(a)). + + (3) FLSA terms.--The terms ``employ'' and ``State'' have the + meanings given such terms in section 3 of the Fair Labor Standards + Act of 1938 (29 U.S.C. 203). + (4) FMLA terms.--The terms ``health care provider'' and ``son + or daughter'' have the meanings given such terms in section 101 of + the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). + (5) Paid sick time.-- + (A) In general.--The term ``paid sick time'' means an + increment of compensated leave that-- + (i) is provided by an employer for use during an + absence from employment for a reason described in any + paragraph of section 2(a); and + (ii) is calculated based on the employee's required + compensation under subparagraph (B) and the number of hours + the employee would otherwise be normally scheduled to work + (or the number of hours calculated under subparagraph (C)), + except that in no event shall such paid sick time exceed-- + + (I) $511 per day and $5,110 in the aggregate for a + use described in paragraph (1), (2), or (3) of section + 5102(a); and + (II) $200 per day and $2,000 in the aggregate for a + use described in paragraph (4), (5), or (6) of section + 5102(a). + + (B) Required compensation.-- + (i) In general.--Subject to subparagraph (A)(ii), the + employee's required compensation under this subparagraph + shall be not less than the greater of the following: + + (I) The employee's regular rate of pay (as + determined under section 7(e) of the Fair Labor + Standards Act of 1938 (29 U.S.C. 207(e)). + (II) The minimum wage rate in effect under section + 6(a)(1) of the Fair Labor Standards Act of 1938 (29 + U.S.C. 206(a)(1)). + (III) The minimum wage rate in effect for such + employee in the applicable State or locality, whichever + is greater, in which the employee is employed. + + (ii) Special rule for care of family members.--Subject + to subparagraph (A)(ii), with respect to any paid sick time + provided for any use described in paragraph (4), (5), or + (6) of section 5102(a), the employee's required + compensation under this subparagraph shall be two-thirds of + the amount described in clause (B)(i). + (C) Varying schedule hours calculation.--In the case of a + part-time employee described in section 5102(b)(2)(B) whose + schedule varies from week to week to such an extent that an + employer is unable to determine with certainty the number of + hours the employee would have worked if such employee had not + taken paid sick time under section 2(a), the employer shall use + the following in place of such number: + (i) Subject to clause (ii), a number equal to the + average number of hours that the employee was scheduled per + day over the 6-month period ending on the date on which the + employee takes the paid sick time, including hours for + which the employee took leave of any type. + (ii) If the employee did not work over such period, the + reasonable expectation of the employee at the time of + hiring of the average number of hours per day that the + employee would normally be scheduled to work. + (D) Guidelines.--Not later than 15 days after the date of + the enactment of this Act, the Secretary of Labor shall issue + guidelines to assist employers in calculating the amount of + paid sick time under subparagraph (A). + (E) Reasonable notice.--After the first workday (or portion + thereof) an employee receives paid sick time under this Act, an + employer may require the employee to follow reasonable notice + procedures in order to continue receiving such paid sick time. SEC. 5111. REGULATORY AUTHORITIES. - The Secretary of Labor shall have the authority to issue regulations for good cause under sections 553(b)(B) and 553(d)(A) of title 5, United States Code-- - (1) to exclude certain health care providers and emergency - responders from the definition of employee under section - 5110(1) including by allowing the employer of such health care - providers and emergency responders to opt out; - (2) to exempt small businesses with fewer than 50 employees - from the requirements of section 5102(a)(5) when the imposition - of such requirements would jeopardize the viability of the - business as a going concern; and - (3) as necessary, to carry out the purposes of this Act, - including to ensure consistency between this Act and Division C - and Division G of the Families First Coronavirus Response Act. + (1) to exclude certain health care providers and emergency + responders from the definition of employee under section 5110(1) + including by allowing the employer of such health care providers + and emergency responders to opt out; + (2) to exempt small businesses with fewer than 50 employees + from the requirements of section 5102(a)(5) when the imposition of + such requirements would jeopardize the viability of the business as + a going concern; and + (3) as necessary, to carry out the purposes of this Act, + including to ensure consistency between this Act and Division C and + Division G of the Families First Coronavirus Response Act. DIVISION F--HEALTH PROVISIONS SEC. 6001. COVERAGE OF TESTING FOR COVID-19. - (a) In General.--A group health plan and a health insurance issuer offering group or individual health insurance coverage (including a grandfathered health plan (as defined in section 1251(e) of the Patient @@ -1357,23 +1222,21 @@ management requirements, for the following items and services furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of this Act: - (1) In vitro diagnostic products (as defined in section - 809.3(a) of title 21, Code of Federal Regulations) for the - detection of SARS-CoV-2 or the diagnosis of the virus that - causes COVID-19 that are approved, cleared, or authorized under - section 510(k), 513, 515 or 564 of the Federal Food, Drug, and - Cosmetic Act, and the administration of such in vitro - diagnostic products. - (2) Items and services furnished to an individual during - health care provider office visits (which term in this - paragraph includes in-person visits and telehealth visits), - urgent care center visits, and emergency room visits that - result in an order for or administration of an in vitro - diagnostic product described in paragraph (1), but only to the - extent such items and services relate to the furnishing or - administration of such product or to the evaluation of such - individual for purposes of determining the need of such - individual for such product. + (1) In vitro diagnostic products (as defined in section + 809.3(a) of title 21, Code of Federal Regulations) for the + detection of SARS-CoV-2 or the diagnosis of the virus that causes + COVID-19 that are approved, cleared, or authorized under section + 510(k), 513, 515 or 564 of the Federal Food, Drug, and Cosmetic + Act, and the administration of such in vitro diagnostic products. + (2) Items and services furnished to an individual during health + care provider office visits (which term in this paragraph includes + in-person visits and telehealth visits), urgent care center visits, + and emergency room visits that result in an order for or + administration of an in vitro diagnostic product described in + paragraph (1), but only to the extent such items and services + relate to the furnishing or administration of such product or to + the evaluation of such individual for purposes of determining the + need of such individual for such product. (b) Enforcement.--The provisions of subsection (a) shall be applied by the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury to group health plans and health insurance @@ -1392,81 +1255,70 @@ insurance coverage'' have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91), section 733 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code of 1986, as applicable. - SEC. 6002. WAIVING COST SHARING UNDER THE MEDICARE PROGRAM FOR CERTAIN - VISITS RELATING TO TESTING FOR COVID-19. - +VISITS RELATING TO TESTING FOR COVID-19. (a) In General.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended-- - (1) in subsection (a)(1)-- - (A) by striking ``and'' before ``(CC)''; and - (B) by inserting before the period at the end the - following: ``, and (DD) with respect to a specified - COVID-19 testing-related service described in paragraph - (1) of subsection (cc) for which payment may be made - under a specified outpatient payment provision - described in paragraph (2) of such subsection, the - amounts paid shall be 100 percent of the payment amount - otherwise recognized under such respective specified - outpatient payment provision for such service,''; - (2) in subsection (b), in the first sentence-- - (A) by striking ``and'' before ``(10)''; and - (B) by inserting before the period at the end the - following: ``, and (11) such deductible shall not apply - with respect to any specified COVID-19 testing-related - service described in paragraph (1) of subsection (cc) - for which payment may be made under a specified - outpatient payment provision described in paragraph (2) - of such subsection''; and - (3) by adding at the end the following new subsection: - ``(cc) Specified COVID-19 Testing-related Services.--For purposes + (1) in subsection (a)(1)-- + (A) by striking ``and'' before ``(CC)''; and + (B) by inserting before the period at the end the + following: ``, and (DD) with respect to a specified COVID-19 + testing-related service described in paragraph (1) of + subsection (cc) for which payment may be made under a specified + outpatient payment provision described in paragraph (2) of such + subsection, the amounts paid shall be 100 percent of the + payment amount otherwise recognized under such respective + specified outpatient payment provision for such service,''; + (2) in subsection (b), in the first sentence-- + (A) by striking ``and'' before ``(10)''; and + (B) by inserting before the period at the end the + following: ``, and (11) such deductible shall not apply with + respect to any specified COVID-19 testing-related service + described in paragraph (1) of subsection (cc) for which payment + may be made under a specified outpatient payment provision + described in paragraph (2) of such subsection''; and + (3) by adding at the end the following new subsection: + ``(cc) Specified COVID-19 Testing-Related Services.--For purposes of subsection (a)(1)(DD): - ``(1) Description.-- - ``(A) In general.--A specified COVID-19 testing- - related service described in this paragraph is a - medical visit that-- - ``(i) is in any of the categories of HCPCS - evaluation and management service codes - described in subparagraph (B); - ``(ii) is furnished during any portion of - the emergency period (as defined in section - 1135(g)(1)(B)) (beginning on or after the date - of enactment of this subsection); - ``(iii) results in an order for or - administration of a clinical diagnostic - laboratory test described in section - 1852(a)(1)(B)(iv)(IV); and - ``(iv) relates to the furnishing or - administration of such test or to the - evaluation of such individual for purposes of - determining the need of such individual for - such test. - ``(B) Categories of hcpcs codes.--For purposes of - subparagraph (A), the categories of HCPCS evaluation - and management services codes are the following: - ``(i) Office and other outpatient services. - ``(ii) Hospital observation services. - ``(iii) Emergency department services. - ``(iv) Nursing facility services. - ``(v) Domiciliary, rest home, or custodial - care services. - ``(vi) Home services. - ``(vii) Online digital evaluation and - management services. - ``(2) Specified outpatient payment provision.--A specified - outpatient payment provision described in this paragraph is any - of the following: - ``(A) The hospital outpatient prospective payment - system under subsection (t). - ``(B) The physician fee schedule under section - 1848. - ``(C) The prospective payment system developed - under section 1834(o). - ``(D) Section 1834(g), with respect to an - outpatient critical access hospital service. - ``(E) The payment basis determined in regulations - pursuant to section 1833(a)(3) for rural health clinic - services.''. + ``(1) Description.-- + ``(A) In general.--A specified COVID-19 testing-related + service described in this paragraph is a medical visit that-- + ``(i) is in any of the categories of HCPCS evaluation + and management service codes described in subparagraph (B); + ``(ii) is furnished during any portion of the emergency + period (as defined in section 1135(g)(1)(B)) (beginning on + or after the date of enactment of this subsection); + ``(iii) results in an order for or administration of a + clinical diagnostic laboratory test described in section + 1852(a)(1)(B)(iv)(IV); and + ``(iv) relates to the furnishing or administration of + such test or to the evaluation of such individual for + purposes of determining the need of such individual for + such test. + ``(B) Categories of hcpcs codes.--For purposes of + subparagraph (A), the categories of HCPCS evaluation and + management services codes are the following: + ``(i) Office and other outpatient services. + ``(ii) Hospital observation services. + ``(iii) Emergency department services. + ``(iv) Nursing facility services. + ``(v) Domiciliary, rest home, or custodial care + services. + ``(vi) Home services. + ``(vii) Online digital evaluation and management + services. + ``(2) Specified outpatient payment provision.--A specified + outpatient payment provision described in this paragraph is any of + the following: + ``(A) The hospital outpatient prospective payment system + under subsection (t). + ``(B) The physician fee schedule under section 1848. + ``(C) The prospective payment system developed under + section 1834(o). + ``(D) Section 1834(g), with respect to an outpatient + critical access hospital service. + ``(E) The payment basis determined in regulations pursuant + to section 1833(a)(3) for rural health clinic services.''. (b) Claims Modifier.--The Secretary of Health and Human Services shall provide for an appropriate modifier (or other identifier) to include on claims to identify, for purposes of subparagraph (DD) of @@ -1479,246 +1331,212 @@ described in paragraph (2) of such subsection. the Secretary of Health and Human Services may implement the provisions of, including amendments made by, this section through program instruction or otherwise. - -SECTION 6003. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING UNDER - THE MEDICARE ADVANTAGE PROGRAM. - +SEC. 6003. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING UNDER +THE MEDICARE ADVANTAGE PROGRAM. (a) In General.--Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended-- - (1) in clause (iv)-- - (A) by redesignating subclause (IV) as subclause - (VI); and - (B) by inserting after subclause (III) the - following new subclauses: - ``(IV) Clinical diagnostic - laboratory test administered during any - portion of the emergency period defined - in paragraph (1)(B) of section 1135(g) - beginning on or after the date of the - enactment of the Families First - Coronavirus Response Act for the - detection of SARS-CoV-2 or the - diagnosis of the virus that causes - COVID-19 and the administration of such - test. - ``(V) Specified COVID-19 testing- - related services (as described in - section 1833(cc)(1)) for which payment - would be payable under a specified - outpatient payment provision described - in section 1833(cc)(2).''; - (2) in clause (v), by inserting ``, other than subclauses - (IV) and (V) of such clause,'' after ``clause (iv)''; and - (3) by adding at the end the following new clause: - ``(vi) Prohibition of application of - certain requirements for covid-19 testing.--In - the case of a product or service described in - subclause (IV) or (V), respectively, of clause - (iv) that is administered or furnished during - any portion of the emergency period described - in such subclause beginning on or after the - date of the enactment of this clause, an MA - plan may not impose any prior authorization or - other utilization management requirements with - respect to the coverage of such a product or - service under such plan.''. + (1) in clause (iv)-- + (A) by redesignating subclause (IV) as subclause (VI); and + (B) by inserting after subclause (III) the following new + subclauses: + + ``(IV) Clinical diagnostic laboratory test + administered during any portion of the emergency period + defined in paragraph (1)(B) of section 1135(g) + beginning on or after the date of the enactment of the + Families First Coronavirus Response Act for the + detection of SARS-CoV-2 or the diagnosis of the virus + that causes COVID-19 and the administration of such + test. + ``(V) Specified COVID-19 testing-related services + (as described in section 1833(cc)(1)) for which payment + would be payable under a specified outpatient payment + provision described in section 1833(cc)(2).''; + + (2) in clause (v), by inserting ``, other than subclauses (IV) + and (V) of such clause,'' after ``clause (iv)''; and + (3) by adding at the end the following new clause: + ``(vi) Prohibition of application of certain + requirements for covid-19 testing.--In the case of a + product or service described in subclause (IV) or (V), + respectively, of clause (iv) that is administered or + furnished during any portion of the emergency period + described in such subclause beginning on or after the date + of the enactment of this clause, an MA plan may not impose + any prior authorization or other utilization management + requirements with respect to the coverage of such a product + or service under such plan.''. (b) Implementation.--Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise. - -SECTION 6004. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER - MEDICAID AND CHIP. - +SEC. 6004. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER +MEDICAID AND CHIP. (a) Medicaid.-- - (1) In general.--Section 1905(a)(3) of the Social Security - Act (42 U.S.C. 1396d(a)(3)) is amended-- - (A) by striking ``other laboratory'' and inserting - ``(a) other laboratory''; - (B) by inserting ``and'' after the semicolon; and - (C) by adding at the end the following new - subparagraph: - ``(B) in vitro diagnostic products (as defined in section - 809.3(a) of title 21, Code of Federal Regulations) administered - during any portion of the emergency period defined in paragraph - (1)(B) of section 1135(g) beginning on or after the date of the - enactment of this subparagraph for the detection of SARS-CoV-2 - or the diagnosis of the virus that causes COVID-19 that are - approved, cleared, or authorized under section 510(k), 513, 515 - or 564 of the Federal Food, Drug, and Cosmetic Act, and the - administration of such in vitro diagnostic products;''. - (2) No cost sharing.-- - (A) In general.--Subsections (a)(2) and (b)(2) of - section 1916 of the Social Security Act (42 U.S.C. - 1396o) are each amended-- - (i) in subparagraph (D), by striking ``or'' - at the end; - (ii) in subparagraph (E), by striking ``; - and'' and inserting a comma; and - (iii) by adding at the end the following - new subparagraphs: - ``(F) any in vitro diagnostic product described in - section 1905(a)(3)(B) that is administered during any - portion of the emergency period described in such - section beginning on or after the date of the enactment - of this subparagraph (and the administration of such - product), or - ``(G) COVID-19 testing-related services for which - payment may be made under the State plan; and''. - (B) Application to alternative cost sharing.-- - Section 1916A(b)(3)(B) of the Social Security Act (42 - U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the - end the following new clause: - ``(xi) Any in vitro diagnostic product - described in section 1905(a)(3)(B) that is - administered during any portion of the - emergency period described in such section - beginning on or after the date of the enactment - of this clause (and the administration of such - product) and any visit described in section - 1916(a)(2)(G) that is furnished during any such - portion.''. - (C) Clarification.--The amendments made this - paragraph shall apply with respect to a State plan of a - territory in the same manner as a State plan of one of - the 50 States. - (3) State option to provide coverage for uninsured - individuals.-- - (A) In general.--Section 1902(a)(10) of the Social - Security Act (42 U.S.C. 1396a(a)(10)) is amended-- - (i) in subparagraph (A)(ii)-- - (I) in subclause (XXI), by striking - ``or'' at the end; - (II) in subclause (XXII), by adding - ``or'' at the end; and - (III) by adding at the end the - following new subclause: - ``(XXIII) during any portion of the - emergency period defined in paragraph - (1)(B) of section 1135(g) beginning on - or after the date of the enactment of - this subclause, who are uninsured - individuals (as defined in subsection - (ss));''; and - (ii) in the matter following subparagraph - (G)-- - (I) by striking ``and (XVII)'' and - inserting ``, (XVII)''; and - (II) by inserting after ``instead - of through subclause (VIII)'' the - following: ``, and (XVIII) the medical - assistance made available to an - uninsured individual (as defined in - subsection (ss)) who is eligible for - medical assistance only because of - subparagraph (A)(ii)(XXIII) shall be - limited to medical assistance for any - in vitro diagnostic product described - in section 1905(a)(3)(B) that is - administered during any portion of the - emergency period described in such - section beginning on or after the date - of the enactment of this subclause (and - the administration of such product) and - any visit described in section - 1916(a)(2)(G) that is furnished during - any such portion''. - (B) Receipt and initial processing of applications - at certain locations.--Section 1902(a)(55) of the - Social Security Act (42 U.S.C. 1396a(a)(55)) is - amended, in the matter preceding subparagraph (A), by - striking ``or (a)(10)(A)(ii)(IX)'' and inserting - ``(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)''. - (C) Uninsured individual defined.--Section 1902 of - the Social Security Act (42 U.S.C. 1396a) is amended by - adding at the end the following new subsection: + (1) In general.--Section 1905(a)(3) of the Social Security Act + (42 U.S.C. 1396d(a)(3)) is amended-- + (A) by striking ``other laboratory'' and inserting ``(a) + other laboratory''; + (B) by inserting ``and'' after the semicolon; and + (C) by adding at the end the following new subparagraph: + ``(B) in vitro diagnostic products (as defined in section + 809.3(a) of title 21, Code of Federal Regulations) administered + during any portion of the emergency period defined in paragraph + (1)(B) of section 1135(g) beginning on or after the date of the + enactment of this subparagraph for the detection of SARS-CoV-2 or + the diagnosis of the virus that causes COVID-19 that are approved, + cleared, or authorized under section 510(k), 513, 515 or 564 of the + Federal Food, Drug, and Cosmetic Act, and the administration of + such in vitro diagnostic products;''. + (2) No cost sharing.-- + (A) In general.--Subsections (a)(2) and (b)(2) of section + 1916 of the Social Security Act (42 U.S.C. 1396o) are each + amended-- + (i) in subparagraph (D), by striking ``or'' at the end; + (ii) in subparagraph (E), by striking ``; and'' and + inserting a comma; and + (iii) by adding at the end the following new + subparagraphs: + ``(F) any in vitro diagnostic product described in section + 1905(a)(3)(B) that is administered during any portion of the + emergency period described in such section beginning on or + after the date of the enactment of this subparagraph (and the + administration of such product), or + ``(G) COVID-19 testing-related services for which payment + may be made under the State plan; and''. + (B) Application to alternative cost sharing.--Section + 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o- + 1(b)(3)(B)) is amended by adding at the end the following new + clause: + ``(xi) Any in vitro diagnostic product described in + section 1905(a)(3)(B) that is administered during any + portion of the emergency period described in such section + beginning on or after the date of the enactment of this + clause (and the administration of such product) and any + visit described in section 1916(a)(2)(G) that is furnished + during any such portion.''. + (C) Clarification.--The amendments made this paragraph + shall apply with respect to a State plan of a territory in the + same manner as a State plan of one of the 50 States. + (3) State option to provide coverage for uninsured + individuals.-- + (A) In general.--Section 1902(a)(10) of the Social Security + Act (42 U.S.C. 1396a(a)(10)) is amended-- + (i) in subparagraph (A)(ii)-- + + (I) in subclause (XXI), by striking ``or'' at the + end; + (II) in subclause (XXII), by adding ``or'' at the + end; and + (III) by adding at the end the following new + subclause: + ``(XXIII) during any portion of the emergency + period defined in paragraph (1)(B) of section 1135(g) + beginning on or after the date of the enactment of this + subclause, who are uninsured individuals (as defined in + subsection (ss));''; and + + (ii) in the matter following subparagraph (G)-- + + (I) by striking ``and (XVII)'' and inserting ``, + (XVII)''; and + (II) by inserting after ``instead of through + subclause (VIII)'' the following: ``, and (XVIII) the + medical assistance made available to an uninsured + individual (as defined in subsection (ss)) who is + eligible for medical assistance only because of + subparagraph (A)(ii)(XXIII) shall be limited to medical + assistance for any in vitro diagnostic product + described in section 1905(a)(3)(B) that is administered + during any portion of the emergency period described in + such section beginning on or after the date of the + enactment of this subclause (and the administration of + such product) and any visit described in section + 1916(a)(2)(G) that is furnished during any such + portion''. + + (B) Receipt and initial processing of applications at + certain locations.--Section 1902(a)(55) of the Social Security + Act (42 U.S.C. 1396a(a)(55)) is amended, in the matter + preceding subparagraph (A), by striking ``or + (a)(10)(A)(ii)(IX)'' and inserting ``(a)(10)(A)(ii)(IX), or + (a)(10)(A)(ii)(XXIII)''. + (C) Uninsured individual defined.--Section 1902 of the + Social Security Act (42 U.S.C. 1396a) is amended by adding at + the end the following new subsection: ``(ss) Uninsured Individual Defined.--For purposes of this section, the term `uninsured individual' means, notwithstanding any other provision of this title, any individual who is-- - ``(1) not described in subsection (a)(10)(A)(i); and - ``(2) not enrolled in a Federal health care program (as - defined in section 1128B(f)), a group health plan, group or - individual health insurance coverage offered by a health - insurance issuer (as such terms are defined in section 2791 of - the Public Health Service Act), or a health plan offered under - chapter 89 of title 5, United States Code.''. - (D) Federal medical assistance percentage.--Section - 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) - is amended by adding at the end the following new - sentence: ``Notwithstanding the first sentence of this - subsection, the Federal medical assistance percentage - shall be 100 per centum with respect to (and, - notwithstanding any other provision of this title, - available for) medical assistance provided to uninsured - individuals (as defined in section 1902(ss)) who are - eligible for such assistance only on the basis of - section 1902(a)(10)(A)(ii)(XXIII) and with respect to - expenditures described in section 1903(a)(7) that a - State demonstrates to the satisfaction of the Secretary - are attributable to administrative costs related to - providing for such medical assistance to such - individuals under the State plan.''. + ``(1) not described in subsection (a)(10)(A)(i); and + ``(2) not enrolled in a Federal health care program (as defined + in section 1128B(f)), a group health plan, group or individual + health insurance coverage offered by a health insurance issuer (as + such terms are defined in section 2791 of the Public Health Service + Act), or a health plan offered under chapter 89 of title 5, United + States Code.''. + (D) Federal medical assistance percentage.--Section 1905(b) + of the Social Security Act (42 U.S.C. 1396d(b)) is amended by + adding at the end the following new sentence: ``Notwithstanding + the first sentence of this subsection, the Federal medical + assistance percentage shall be 100 per centum with respect to + (and, notwithstanding any other provision of this title, + available for) medical assistance provided to uninsured + individuals (as defined in section 1902(ss)) who are eligible + for such assistance only on the basis of section + 1902(a)(10)(A)(ii)(XXIII) and with respect to expenditures + described in section 1903(a)(7) that a State demonstrates to + the satisfaction of the Secretary are attributable to + administrative costs related to providing for such medical + assistance to such individuals under the State plan.''. (b) CHIP.-- - (1) In general.--Section 2103(c) of the Social Security Act - (42 U.S.C. 1397cc(c)) is amended by adding at the end the - following paragraph: - ``(10) Certain in vitro diagnostic products for covid-19 - testing.--The child health assistance provided to a targeted - low-income child shall include coverage of any in vitro - diagnostic product described in section 1905(a)(3)(B) that is - administered during any portion of the emergency period - described in such section beginning on or after the date of the - enactment of this subparagraph (and the administration of such - product).''. - (2) Coverage for targeted low-income pregnant women.-- - Section 2112(b)(4) of the Social Security Act (42 U.S.C. - 1397ll(b)(4)) is amended by inserting ``under section 2103(c)'' - after ``same requirements''. - (3) Prohibition of cost sharing.--Section 2103(e)(2) of the - Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended-- - (A) in the paragraph header, by inserting ``, - covid-19 testing,'' before ``or pregnancy-related - assistance''; and - (B) by striking ``category of services described in - subsection (c)(1)(D) or'' and inserting ``categories of - services described in subsection (c)(1)(D), in vitro - diagnostic products described in subsection (c)(10) - (and administration of such products), visits described - in section 1916(a)(2)(G), or''. - + (1) In general.--Section 2103(c) of the Social Security Act (42 + U.S.C. 1397cc(c)) is amended by adding at the end the following + paragraph: + ``(10) Certain in vitro diagnostic products for covid-19 + testing.--The child health assistance provided to a targeted low- + income child shall include coverage of any in vitro diagnostic + product described in section 1905(a)(3)(B) that is administered + during any portion of the emergency period described in such + section beginning on or after the date of the enactment of this + subparagraph (and the administration of such product).''. + (2) Coverage for targeted low-income pregnant women.--Section + 2112(b)(4) of the Social Security Act (42 U.S.C. 1397ll(b)(4)) is + amended by inserting ``under section 2103(c)'' after ``same + requirements''. + (3) Prohibition of cost sharing.--Section 2103(e)(2) of the + Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended-- + (A) in the paragraph header, by inserting ``, covid-19 + testing,'' before ``or pregnancy-related assistance''; and + (B) by striking ``category of services described in + subsection (c)(1)(D) or'' and inserting ``categories of + services described in subsection (c)(1)(D), in vitro diagnostic + products described in subsection (c)(10) (and administration of + such products), visits described in section 1916(a)(2)(G), + or''. SEC. 6005. TREATMENT OF PERSONAL RESPIRATORY PROTECTIVE DEVICES AS - COVERED COUNTERMEASURES. - +COVERED COUNTERMEASURES. Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended-- - (1) in subparagraph (B), by striking ``or'' at the end; and - (2) in subparagraph (C), by striking the period at the end - and inserting ``; or''; and - (3) by adding at the end the following new subparagraph: - ``(D) a personal respiratory protective device that - is-- - ``(i) approved by the National Institute - for Occupational Safety and Health under part - 84 of title 42, Code of Federal Regulations (or - successor regulations); - ``(ii) subject to the emergency use - authorization issued by the Secretary on March - 2, 2020, or subsequent emergency use - authorizations, pursuant to section 564 of the - Federal Food, Drug, and Cosmetic Act - (authorizing emergency use of personal - respiratory protective devices during the - COVID-19 outbreak); and - ``(iii) used during the period beginning on - January 27, 2020, and ending on October 1, - 2024, in response to the public health - emergency declared on January 31, 2020, - pursuant to section 319 as a result of - confirmed cases of 2019 Novel Coronavirus - (2019-nCoV).''. - + (1) in subparagraph (B), by striking ``or'' at the end; + (2) in subparagraph (C), by striking the period at the end and + inserting ``; or''; and + (3) by adding at the end the following new subparagraph: + ``(D) a personal respiratory protective device that is-- + ``(i) approved by the National Institute for + Occupational Safety and Health under part 84 of title 42, + Code of Federal Regulations (or successor regulations); + ``(ii) subject to the emergency use authorization + issued by the Secretary on March 2, 2020, or subsequent + emergency use authorizations, pursuant to section 564 of + the Federal Food, Drug, and Cosmetic Act (authorizing + emergency use of personal respiratory protective devices + during the COVID-19 outbreak); and + ``(iii) used during the period beginning on January 27, + 2020, and ending on October 1, 2024, in response to the + public health emergency declared on January 31, 2020, + pursuant to section 319 as a result of confirmed cases of + 2019 Novel Coronavirus (2019-nCoV).''. SEC. 6006. APPLICATION WITH RESPECT TO TRICARE, COVERAGE FOR VETERANS, - AND COVERAGE FOR FEDERAL CIVILIANS. - +AND COVERAGE FOR FEDERAL CIVILIANS. (a) Tricare.--The Secretary of Defense may not require any copayment or other cost sharing under chapter 55 of title 10, United States Code, for in vitro diagnostic products described in paragraph @@ -1748,10 +1566,8 @@ the administration of such products) or visits described in paragraph period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of this Act. - SEC. 6007. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING FOR - INDIANS RECEIVING PURCHASED/REFERRED CARE. - +INDIANS RECEIVING PURCHASED/REFERRED CARE. The Secretary of Health and Human Services shall cover, without the imposition of any cost sharing requirements, the cost of providing any COVID-19 related items and services as described in paragraph (1) of @@ -1766,9 +1582,7 @@ Urban Indian Organization, regardless of whether such items or services have been authorized under the purchased/referred care system funded by the Indian Health Service or is covered as a health service of the Indian Health Service. - SEC. 6008. TEMPORARY INCREASE OF MEDICAID FMAP. - (a) In General.--Subject to subsection (b), for each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the @@ -1784,33 +1598,32 @@ points. (a) may not receive the increase described in such subsection in the Federal medical assistance percentage for such State, with respect to a quarter, if-- - (1) eligibility standards, methodologies, or procedures - under the State plan of such State under title XIX of the - Social Security Act (42 U.S.C. 1396 et seq.) (including any - waiver under such title or section 1115 of such Act (42 U.S.C. - 1315)) are more restrictive during such quarter than the - eligibility standards, methodologies, or procedures, - respectively, under such plan (or waiver) as in effect on - January 1, 2020; - (2) the amount of any premium imposed by the State pursuant - to section 1916 or 1916A of such Act (42 U.S.C. 1396o, 1396o-1) - during such quarter, with respect to an individual enrolled - under such plan (or waiver), exceeds the amount of such premium - as of January 1, 2020; - (3) the State fails to provide that an individual who is - enrolled for benefits under such plan (or waiver) as of the - date of enactment of this section or enrolls for benefits under - such plan (or waiver) during the period beginning on such date - of enactment and ending the last day of the month in which the - emergency period described in subsection (a) ends shall be - treated as eligible for such benefits through the end of the - month in which such emergency period ends unless the individual - requests a voluntary termination of eligibility or the - individual ceases to be a resident of the State; or - (4) the State does not provide coverage under such plan (or - waiver), without the imposition of cost sharing, during such - quarter for any testing services and treatments for COVID-19, - including vaccines, specialized equipment, and therapies. + (1) eligibility standards, methodologies, or procedures under + the State plan of such State under title XIX of the Social Security + Act (42 U.S.C. 1396 et seq.) (including any waiver under such title + or section 1115 of such Act (42 U.S.C. 1315)) are more restrictive + during such quarter than the eligibility standards, methodologies, + or procedures, respectively, under such plan (or waiver) as in + effect on January 1, 2020; + (2) the amount of any premium imposed by the State pursuant to + section 1916 or 1916A of such Act (42 U.S.C. 1396o, 1396o-1) during + such quarter, with respect to an individual enrolled under such + plan (or waiver), exceeds the amount of such premium as of January + 1, 2020; + (3) the State fails to provide that an individual who is + enrolled for benefits under such plan (or waiver) as of the date of + enactment of this section or enrolls for benefits under such plan + (or waiver) during the period beginning on such date of enactment + and ending the last day of the month in which the emergency period + described in subsection (a) ends shall be treated as eligible for + such benefits through the end of the month in which such emergency + period ends unless the individual requests a voluntary termination + of eligibility or the individual ceases to be a resident of the + State; or + (4) the State does not provide coverage under such plan (or + waiver), without the imposition of cost sharing, during such + quarter for any testing services and treatments for COVID-19, + including vaccines, specialized equipment, and therapies. (c) Requirement for Certain States.--Section 1905(cc) of the Social Security Act (42 U.S.C. 1396d(cc)) is amended by striking the period at the end of the subsection and inserting ``and section 6008 of the @@ -1819,118 +1632,94 @@ treatments to the increases in the Federal medical assistance percentage under section 6008 of the Families First Coronavirus Response Act, the reference to `December 31, 2009' shall be deemed to be a reference to `March 11, 2020'.''. - SEC. 6009. INCREASE IN MEDICAID ALLOTMENTS FOR TERRITORIES. - Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- - (1) in paragraph (2)-- - (A) in subparagraph (B)-- - (i) in clause (i), by striking ``and'' at - the end; - (ii) in clause (ii), by striking ``for each - of fiscal years 2020 through 2021, - $126,000,000;'' and inserting ``for fiscal year - 2020, $128,712,500; and''; and - (iii) by adding at the end the following - new clause: - ``(iii) for fiscal year 2021, - $127,937,500;''; - (B) in subparagraph (C)-- - (i) in clause (i), by striking ``and'' at - the end; - (ii) in clause (ii), by striking ``for each - of fiscal years 2020 through 2021, - $127,000,000;'' and inserting ``for fiscal year - 2020, $130,875,000; and''; and - (iii) by adding at the end the following - new clause: - ``(iii) for fiscal year 2021, - $129,712,500;''; - (C) in subparagraph (D)-- - (i) in clause (i), by striking ``and'' at - the end; - (ii) in clause (ii), by striking ``for each - of fiscal years 2020 through 2021, $60,000,000; - and'' and inserting ``for fiscal year 2020, - $63,100,000; and''; and - (iii) by adding at the end the following - new clause: - ``(iii) for fiscal year 2021, $62,325,000; - and''; and - (D) in subparagraph (E)-- - (i) in clause (i), by striking ``and'' at - the end; - (ii) in clause (ii), by striking ``for each - of fiscal years 2020 through 2021, - $84,000,000.'' and inserting ``for fiscal year - 2020, $86,325,000; and''; and - (iii) by adding at the end the following - new clause: - ``(iii) for fiscal year 2021, - $85,550,000.''; and - (2) in paragraph (6)(A)-- - (A) in clause (i), by striking ``$2,623,188,000'' - and inserting ``$2,716,188,000''; and - (B) in clause (ii), by striking ``$2,719,072,000'' - and inserting ``$2,809,063,000''. - + (1) in paragraph (2)-- + (A) in subparagraph (B)-- + (i) in clause (i), by striking ``and'' at the end; + (ii) in clause (ii), by striking ``for each of fiscal + years 2020 through 2021, $126,000,000;'' and inserting + ``for fiscal year 2020, $128,712,500; and''; and + (iii) by adding at the end the following new clause: + ``(iii) for fiscal year 2021, $127,937,500;''; + (B) in subparagraph (C)-- + (i) in clause (i), by striking ``and'' at the end; + (ii) in clause (ii), by striking ``for each of fiscal + years 2020 through 2021, $127,000,000;'' and inserting + ``for fiscal year 2020, $130,875,000; and''; and + (iii) by adding at the end the following new clause: + ``(iii) for fiscal year 2021, $129,712,500;''; + (C) in subparagraph (D)-- + (i) in clause (i), by striking ``and'' at the end; + (ii) in clause (ii), by striking ``for each of fiscal + years 2020 through 2021, $60,000,000; and'' and inserting + ``for fiscal year 2020, $63,100,000; and''; and + (iii) by adding at the end the following new clause: + ``(iii) for fiscal year 2021, $62,325,000; and''; and + (D) in subparagraph (E)-- + (i) in clause (i), by striking ``and'' at the end; + (ii) in clause (ii), by striking ``for each of fiscal + years 2020 through 2021, $84,000,000.'' and inserting ``for + fiscal year 2020, $86,325,000; and''; and + (iii) by adding at the end the following new clause: + ``(iii) for fiscal year 2021, $85,550,000.''; and + (2) in paragraph (6)(A)-- + (A) in clause (i), by striking ``$2,623,188,000'' and + inserting ``$2,716,188,000''; and + (B) in clause (ii), by striking ``$2,719,072,000'' and + inserting ``$2,809,063,000''. SEC. 6010. CLARIFICATION RELATING TO SECRETARIAL AUTHORITY REGARDING - MEDICARE TELEHEALTH SERVICES FURNISHED DURING COVID-19 - EMERGENCY PERIOD. - +MEDICARE TELEHEALTH SERVICES FURNISHED DURING COVID-19 EMERGENCY +PERIOD. Paragraph (3)(A) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) is amended to read as follows: - ``(A) furnished to such individual, during the 3- - year period ending on the date such telehealth service - was furnished, an item or service that would be - considered covered under title XVIII if furnished to an - individual entitled to benefits or enrolled under such - title; or''. + ``(A) furnished to such individual, during the 3-year + period ending on the date such telehealth service was + furnished, an item or service that would be considered covered + under title XVIII if furnished to an individual entitled to + benefits or enrolled under such title; or''. DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE SEC. 7001. PAYROLL CREDIT FOR REQUIRED PAID SICK LEAVE. - (a) In General.--In the case of an employer, there shall be allowed as a credit against the tax imposed by section 3111(a) or 3221(a) of the Internal Revenue Code of 1986 for each calendar quarter an amount equal to 100 percent of the qualified sick leave wages paid by such employer with respect to such calendar quarter. (b) Limitations and Refundability.-- - (1) Wages taken into account.--The amount of qualified sick - leave wages taken into account under subsection (a) with - respect to any individual shall not exceed $200 ($511 in the - case of any day any portion of which is paid sick time - described in paragraph (1), (2), or (3) of section 5102(a) of - the Emergency Paid Sick Leave Act) for any day (or portion - thereof) for which the individual is paid qualified sick leave - wages. - (2) Overall limitation on number of days taken into - account.--The aggregate number of days taken into account under - paragraph (1) for any calendar quarter shall not exceed the - excess (if any) of-- - (A) 10, over - (B) the aggregate number of days so taken into - account for all preceding calendar quarters. - (3) Credit limited to certain employment taxes.--The credit - allowed by subsection (a) with respect to any calendar quarter - shall not exceed the tax imposed by section 3111(a) or 3221(a) - of such Code for such calendar quarter (reduced by any credits - allowed under subsections (e) and (f) of section 3111 of such - Code for such quarter) on the wages paid with respect to the - employment of all employees of the employer. - (4) Refundability of excess credit.-- - (A) In general.--If the amount of the credit under - subsection (a) exceeds the limitation of paragraph (3) - for any calendar quarter, such excess shall be treated - as an overpayment that shall be refunded under sections - 6402(a) and 6413(b) of such Code. - (B) Treatment of payments.--For purposes of section - 1324 of title 31, United States Code, any amounts due - to an employer under this paragraph shall be treated in - the same manner as a refund due from a credit provision - referred to in subsection (b)(2) of such section. + (1) Wages taken into account.--The amount of qualified sick + leave wages taken into account under subsection (a) with respect to + any individual shall not exceed $200 ($511 in the case of any day + any portion of which is paid sick time described in paragraph (1), + (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave + Act) for any day (or portion thereof) for which the individual is + paid qualified sick leave wages. + (2) Overall limitation on number of days taken into account.-- + The aggregate number of days taken into account under paragraph (1) + for any calendar quarter shall not exceed the excess (if any) of-- + (A) 10, over + (B) the aggregate number of days so taken into account for + all preceding calendar quarters. + (3) Credit limited to certain employment taxes.--The credit + allowed by subsection (a) with respect to any calendar quarter + shall not exceed the tax imposed by section 3111(a) or 3221(a) of + such Code for such calendar quarter (reduced by any credits allowed + under subsections (e) and (f) of section 3111 of such Code for such + quarter) on the wages paid with respect to the employment of all + employees of the employer. + (4) Refundability of excess credit.-- + (A) In general.--If the amount of the credit under + subsection (a) exceeds the limitation of paragraph (3) for any + calendar quarter, such excess shall be treated as an + overpayment that shall be refunded under sections 6402(a) and + 6413(b) of such Code. + (B) Treatment of payments.--For purposes of section 1324 of + title 31, United States Code, any amounts due to an employer + under this paragraph shall be treated in the same manner as a + refund due from a credit provision referred to in subsection + (b)(2) of such section. (c) Qualified Sick Leave Wages.--For purposes of this section, the term ``qualified sick leave wages'' means wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) and compensation (as @@ -1938,65 +1727,64 @@ defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Paid Sick Leave Act. (d) Allowance of Credit for Certain Health Plan Expenses.-- - (1) In general.--The amount of the credit allowed under - subsection (a) shall be increased by so much of the employer's - qualified health plan expenses as are properly allocable to the - qualified sick leave wages for which such credit is so allowed. - (2) Qualified health plan expenses.--For purposes of this - subsection, the term ``qualified health plan expenses'' means - amounts paid or incurred by the employer to provide and - maintain a group health plan (as defined in section 5000(b)(1) - of the Internal Revenue Code of 1986), but only to the extent - that such amounts are excluded from the gross income of - employees by reason of section 106(a) of such Code. - (3) Allocation rules.--For purposes of this section, - qualified health plan expenses shall be allocated to qualified - sick leave wages in such manner as the Secretary of the - Treasury (or the Secretary's delegate) may prescribe. Except as - otherwise provided by the Secretary, such allocation shall be - treated as properly made if made on the basis of being pro rata - among covered employees and pro rata on the basis of periods of - coverage (relative to the time periods of leave to which such - wages relate). + (1) In general.--The amount of the credit allowed under + subsection (a) shall be increased by so much of the employer's + qualified health plan expenses as are properly allocable to the + qualified sick leave wages for which such credit is so allowed. + (2) Qualified health plan expenses.--For purposes of this + subsection, the term ``qualified health plan expenses'' means + amounts paid or incurred by the employer to provide and maintain a + group health plan (as defined in section 5000(b)(1) of the Internal + Revenue Code of 1986), but only to the extent that such amounts are + excluded from the gross income of employees by reason of section + 106(a) of such Code. + (3) Allocation rules.--For purposes of this section, qualified + health plan expenses shall be allocated to qualified sick leave + wages in such manner as the Secretary of the Treasury (or the + Secretary's delegate) may prescribe. Except as otherwise provided + by the Secretary, such allocation shall be treated as properly made + if made on the basis of being pro rata among covered employees and + pro rata on the basis of periods of coverage (relative to the time + periods of leave to which such wages relate). (e) Special Rules.-- - (1) Denial of double benefit.--For purposes of chapter 1 of - such Code, the gross income of the employer, for the taxable - year which includes the last day of any calendar quarter with - respect to which a credit is allowed under this section, shall - be increased by the amount of such credit. Any wages taken into - account in determining the credit allowed under this section - shall not be taken into account for purposes of determining the - credit allowed under section 45S of such Code. - (2) Election not to have section apply.--This section shall - not apply with respect to any employer for any calendar quarter - if such employer elects (at such time and in such manner as the - Secretary of the Treasury (or the Secretary's delegate) may - prescribe) not to have this section apply. - (3) Certain terms.--Any term used in this section which is - also used in chapter 21 of such Code shall have the same - meaning as when used in such chapter. - (4) Certain governmental employers.--This credit shall not - apply to the Government of the United States, the government of - any State or political subdivision thereof, or any agency or - instrumentality of any of the foregoing. + (1) Denial of double benefit.--For purposes of chapter 1 of + such Code, the gross income of the employer, for the taxable year + which includes the last day of any calendar quarter with respect to + which a credit is allowed under this section, shall be increased by + the amount of such credit. Any wages taken into account in + determining the credit allowed under this section shall not be + taken into account for purposes of determining the credit allowed + under section 45S of such Code. + (2) Election not to have section apply.--This section shall not + apply with respect to any employer for any calendar quarter if such + employer elects (at such time and in such manner as the Secretary + of the Treasury (or the Secretary's delegate) may prescribe) not to + have this section apply. + (3) Certain terms.--Any term used in this section which is also + used in chapter 21 of such Code shall have the same meaning as when + used in such chapter. + (4) Certain governmental employers.--This credit shall not + apply to the Government of the United States, the government of any + State or political subdivision thereof, or any agency or + instrumentality of any of the foregoing. (f) Regulations.--The Secretary of the Treasury (or the Secretary's delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including-- - (1) regulations or other guidance to prevent the avoidance - of the purposes of the limitations under this section, - (2) regulations or other guidance to minimize compliance - and record-keeping burdens under this section, - (3) regulations or other guidance providing for waiver of - penalties for failure to deposit amounts in anticipation of the - allowance of the credit allowed under this section, - (4) regulations or other guidance for recapturing the - benefit of credits determined under this section in cases where - there is a subsequent adjustment to the credit determined under - subsection (a), and - (5) regulations or other guidance to ensure that the wages - taken into account under this section conform with the paid - sick time required to be provided under the Emergency Paid Sick - Leave Act. + (1) regulations or other guidance to prevent the avoidance of + the purposes of the limitations under this section, + (2) regulations or other guidance to minimize compliance and + record-keeping burdens under this section, + (3) regulations or other guidance providing for waiver of + penalties for failure to deposit amounts in anticipation of the + allowance of the credit allowed under this section, + (4) regulations or other guidance for recapturing the benefit + of credits determined under this section in cases where there is a + subsequent adjustment to the credit determined under subsection + (a), and + (5) regulations or other guidance to ensure that the wages + taken into account under this section conform with the paid sick + time required to be provided under the Emergency Paid Sick Leave + Act. (g) Application of Section.--This section shall apply only to wages paid with respect to the period beginning on a date selected by the Secretary of the Treasury (or the Secretary's delegate) which is during @@ -2014,167 +1802,152 @@ Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. - SEC. 7002. CREDIT FOR SICK LEAVE FOR CERTAIN SELF-EMPLOYED INDIVIDUALS. - - (a) Credit Against Self-employment Tax.--In the case of an eligible + (a) Credit Against Self-Employment Tax.--In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year an amount equal to the qualified sick leave equivalent amount with respect to the individual. - (b) Eligible Self-employed Individual.--For purposes of this + (b) Eligible Self-Employed Individual.--For purposes of this section, the term ``eligible self-employed individual'' means an individual who-- - (1) regularly carries on any trade or business within the - meaning of section 1402 of such Code, and - (2) would be entitled to receive paid leave during the - taxable year pursuant to the Emergency Paid Sick Leave Act if - the individual were an employee of an employer (other than - himself or herself). + (1) regularly carries on any trade or business within the + meaning of section 1402 of such Code, and + (2) would be entitled to receive paid leave during the taxable + year pursuant to the Emergency Paid Sick Leave Act if the + individual were an employee of an employer (other than himself or + herself). (c) Qualified Sick Leave Equivalent Amount.--For purposes of this section-- - (1) In general.--The term ``qualified sick leave equivalent - amount'' means, with respect to any eligible self-employed - individual, an amount equal to-- - (A) the number of days during the taxable year (but - not more than the applicable number of days) that the - individual is unable to perform services in any trade - or business referred to in section 1402 of such Code - for a reason with respect to which such individual - would be entitled to receive sick leave as described in - subsection (b), multiplied by - (B) the lesser of-- - (i) $200 ($511 in the case of any day of - paid sick time described in paragraph (1), (2), - or (3) of section 5102(a) of the Emergency Paid - Sick Leave Act), or - (ii) 67 percent (100 percent in the case of - any day of paid sick time described in - paragraph (1), (2), or (3) of section 5102(a) - of the Emergency Paid Sick Leave Act) of the - average daily self-employment income of the - individual for the taxable year. - (2) Average daily self-employment income.--For purposes of - this subsection, the term ``average daily self-employment - income'' means an amount equal to-- - (A) the net earnings from self-employment of the - individual for the taxable year, divided by - (B) 260. - (3) Applicable number of days.--For purposes of this - subsection, the term ``applicable number of days'' means, with - respect to any taxable year, the excess (if any) of 10 days - over the number of days taken into account under paragraph - (1)(A) in all preceding taxable years. + (1) In general.--The term ``qualified sick leave equivalent + amount'' means, with respect to any eligible self-employed + individual, an amount equal to-- + (A) the number of days during the taxable year (but not + more than the applicable number of days) that the individual is + unable to perform services in any trade or business referred to + in section 1402 of such Code for a reason with respect to which + such individual would be entitled to receive sick leave as + described in subsection (b), multiplied by + (B) the lesser of-- + (i) $200 ($511 in the case of any day of paid sick time + described in paragraph (1), (2), or (3) of section 5102(a) + of the Emergency Paid Sick Leave Act), or + (ii) 67 percent (100 percent in the case of any day of + paid sick time described in paragraph (1), (2), or (3) of + section 5102(a) of the Emergency Paid Sick Leave Act) of + the average daily self-employment income of the individual + for the taxable year. + (2) Average daily self-employment income.--For purposes of this + subsection, the term ``average daily self-employment income'' means + an amount equal to-- + (A) the net earnings from self-employment of the individual + for the taxable year, divided by + (B) 260. + (3) Applicable number of days.--For purposes of this + subsection, the term ``applicable number of days'' means, with + respect to any taxable year, the excess (if any) of 10 days over + the number of days taken into account under paragraph (1)(A) in all + preceding taxable years. (d) Special Rules.-- - (1) Credit refundable.-- - (A) In general.--The credit determined under this - section shall be treated as a credit allowed to the - taxpayer under subpart C of part IV of subchapter A of - chapter 1 of such Code. - (B) Treatment of payments.--For purposes of section - 1324 of title 31, United States Code, any refund due - from the credit determined under this section shall be - treated in the same manner as a refund due from a - credit provision referred to in subsection (b)(2) of - such section. - (2) Documentation.--No credit shall be allowed under this - section unless the individual maintains such documentation as - the Secretary of the Treasury (or the Secretary's delegate) may - prescribe to establish such individual as an eligible self- - employed individual. - (3) Denial of double benefit.--In the case of an individual - who receives wages (as defined in section 3121(a) of the - Internal Revenue Code of 1986) or compensation (as defined in - section 3231(e) of the Internal Revenue Code) paid by an - employer which are required to be paid by reason of the - Emergency Paid Sick Leave Act, the qualified sick leave - equivalent amount otherwise determined under subsection (c) - shall be reduced (but not below zero) to the extent that the - sum of the amount described in such subsection and in section - 7001(b)(1) exceeds $2,000 ($5,110 in the case of any day any - portion of which is paid sick time described in paragraph (1), - (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave - Act). - (4) Certain terms.--Any term used in this section which is - also used in chapter 2 of the Internal Revenue Code of 1986 - shall have the same meaning as when used in such chapter. + (1) Credit refundable.-- + (A) In general.--The credit determined under this section + shall be treated as a credit allowed to the taxpayer under + subpart C of part IV of subchapter A of chapter 1 of such Code. + (B) Treatment of payments.--For purposes of section 1324 of + title 31, United States Code, any refund due from the credit + determined under this section shall be treated in the same + manner as a refund due from a credit provision referred to in + subsection (b)(2) of such section. + (2) Documentation.--No credit shall be allowed under this + section unless the individual maintains such documentation as the + Secretary of the Treasury (or the Secretary's delegate) may + prescribe to establish such individual as an eligible self-employed + individual. + (3) Denial of double benefit.--In the case of an individual who + receives wages (as defined in section 3121(a) of the Internal + Revenue Code of 1986) or compensation (as defined in section + 3231(e) of the Internal Revenue Code) paid by an employer which are + required to be paid by reason of the Emergency Paid Sick Leave Act, + the qualified sick leave equivalent amount otherwise determined + under subsection (c) shall be reduced (but not below zero) to the + extent that the sum of the amount described in such subsection and + in section 7001(b)(1) exceeds $2,000 ($5,110 in the case of any day + any portion of which is paid sick time described in paragraph (1), + (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave + Act). + (4) Certain terms.--Any term used in this section which is also + used in chapter 2 of the Internal Revenue Code of 1986 shall have + the same meaning as when used in such chapter. (e) Application of Section.--Only days occurring during the period beginning on a date selected by the Secretary of the Treasury (or the Secretary's delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020, may be taken into account under subsection (c)(1)(A). (f) Application of Credit in Certain Possessions.-- - (1) Payments to possessions with mirror code tax systems.-- - The Secretary of the Treasury (or the Secretary's delegate) - shall pay to each possession of the United States which has a - mirror code tax system amounts equal to the loss (if any) to - that possession by reason of the application of the provisions - of this section. Such amounts shall be determined by the - Secretary of the Treasury (or the Secretary's delegate) based - on information provided by the government of the respective - possession. - (2) Payments to other possessions.--The Secretary of the - Treasury (or the Secretary's delegate) shall pay to each - possession of the United States which does not have a mirror - code tax system amounts estimated by the Secretary of the - Treasury (or the Secretary's delegate) as being equal to the - aggregate benefits (if any) that would have been provided to - residents of such possession by reason of the provisions of - this section if a mirror code tax system had been in effect in - such possession. The preceding sentence shall not apply unless - the respective possession has a plan, which has been approved - by the Secretary of the Treasury (or the Secretary's delegate), - under which such possession will promptly distribute such - payments to its residents. - (3) Mirror code tax system.--For purposes of this section, - the term ``mirror code tax system'' means, with respect to any - possession of the United States, the income tax system of such - possession if the income tax liability of the residents of such - possession under such system is determined by reference to the - income tax laws of the United States as if such possession were - the United States. - (4) Treatment of payments.--For purposes of section 1324 of - title 31, United States Code, the payments under this section - shall be treated in the same manner as a refund due from a - credit provision referred to in subsection (b)(2) of such - section. + (1) Payments to possessions with mirror code tax systems.--The + Secretary of the Treasury (or the Secretary's delegate) shall pay + to each possession of the United States which has a mirror code tax + system amounts equal to the loss (if any) to that possession by + reason of the application of the provisions of this section. Such + amounts shall be determined by the Secretary of the Treasury (or + the Secretary's delegate) based on information provided by the + government of the respective possession. + (2) Payments to other possessions.--The Secretary of the + Treasury (or the Secretary's delegate) shall pay to each possession + of the United States which does not have a mirror code tax system + amounts estimated by the Secretary of the Treasury (or the + Secretary's delegate) as being equal to the aggregate benefits (if + any) that would have been provided to residents of such possession + by reason of the provisions of this section if a mirror code tax + system had been in effect in such possession. The preceding + sentence shall not apply unless the respective possession has a + plan, which has been approved by the Secretary of the Treasury (or + the Secretary's delegate), under which such possession will + promptly distribute such payments to its residents. + (3) Mirror code tax system.--For purposes of this section, the + term ``mirror code tax system'' means, with respect to any + possession of the United States, the income tax system of such + possession if the income tax liability of the residents of such + possession under such system is determined by reference to the + income tax laws of the United States as if such possession were the + United States. + (4) Treatment of payments.--For purposes of section 1324 of + title 31, United States Code, the payments under this section shall + be treated in the same manner as a refund due from a credit + provision referred to in subsection (b)(2) of such section. (g) Regulations.--The Secretary of the Treasury (or the Secretary's delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including-- - (1) regulations or other guidance to effectuate the - purposes of this Act, and - (2) regulations or other guidance to minimize compliance - and record-keeping burdens under this section. - + (1) regulations or other guidance to effectuate the purposes of + this Act, and + (2) regulations or other guidance to minimize compliance and + record-keeping burdens under this section. SEC. 7003. PAYROLL CREDIT FOR REQUIRED PAID FAMILY LEAVE. - (a) In General.--In the case of an employer, there shall be allowed as a credit against the tax imposed by section 3111(a) or 3221(a) of the Internal Revenue Code of 1986 for each calendar quarter an amount equal to 100 percent of the qualified family leave wages paid by such employer with respect to such calendar quarter. (b) Limitations and Refundability.-- - (1) Wages taken into account.--The amount of qualified - family leave wages taken into account under subsection (a) with - respect to any individual shall not exceed-- - (A) for any day (or portion thereof) for which the - individual is paid qualified family leave wages, $200, - and - (B) in the aggregate with respect to all calendar - quarters, $10,000. - (2) Credit limited to certain employment taxes.--The credit - allowed by subsection (a) with respect to any calendar quarter - shall not exceed the tax imposed by section 3111(a) or 3221(a) - of such Code for such calendar quarter (reduced by any credits - allowed under subsections (e) and (f) of section 3111 of such - Code, and section 7001 of this Act, for such quarter) on the - wages paid with respect to the employment of all employees of - the employer. - (3) Refundability of excess credit.--If the amount of the - credit under subsection (a) exceeds the limitation of paragraph - (2) for any calendar quarter, such excess shall be treated as - an overpayment that shall be refunded under sections 6402(a) - and 6413(b) of such Code. + (1) Wages taken into account.--The amount of qualified family + leave wages taken into account under subsection (a) with respect to + any individual shall not exceed-- + (A) for any day (or portion thereof) for which the + individual is paid qualified family leave wages, $200, and + (B) in the aggregate with respect to all calendar quarters, + $10,000. + (2) Credit limited to certain employment taxes.--The credit + allowed by subsection (a) with respect to any calendar quarter + shall not exceed the tax imposed by section 3111(a) or 3221(a) of + such Code for such calendar quarter (reduced by any credits allowed + under subsections (e) and (f) of section 3111 of such Code, and + section 7001 of this Act, for such quarter) on the wages paid with + respect to the employment of all employees of the employer. + (3) Refundability of excess credit.--If the amount of the + credit under subsection (a) exceeds the limitation of paragraph (2) + for any calendar quarter, such excess shall be treated as an + overpayment that shall be refunded under sections 6402(a) and + 6413(b) of such Code. (c) Qualified Family Leave Wages.--For purposes of this section, the term ``qualified family leave wages'' means wages (as defined in section 3121(a) of such Code) and compensation (as defined in section @@ -2182,67 +1955,64 @@ section 3121(a) of such Code) and compensation (as defined in section required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act). (d) Allowance of Credit for Certain Health Plan Expenses.-- - (1) In general.--The amount of the credit allowed under - subsection (a) shall be increased by so much of the employer's - qualified health plan expenses as are properly allocable to the - qualified family leave wages for which such credit is so - allowed. - (2) Qualified health plan expenses.--For purposes of this - subsection, the term ``qualified health plan expenses'' means - amounts paid or incurred by the employer to provide and - maintain a group health plan (as defined in section 5000(b)(1) - of the Internal Revenue Code of 1986), but only to the extent - that such amounts are excluded from the gross income of - employees by reason of section 106(a) of such Code. - (3) Allocation rules.--For purposes of this section, - qualified health plan expenses shall be allocated to qualified - family leave wages in such manner as the Secretary of the - Treasury (or the Secretary's delegate) may prescribe. Except as - otherwise provided by the Secretary, such allocation shall be - treated as properly made if made on the basis of being pro rata - among covered employees and pro rata on the basis of periods of - coverage (relative to the time periods of leave to which such - wages relate). + (1) In general.--The amount of the credit allowed under + subsection (a) shall be increased by so much of the employer's + qualified health plan expenses as are properly allocable to the + qualified family leave wages for which such credit is so allowed. + (2) Qualified health plan expenses.--For purposes of this + subsection, the term ``qualified health plan expenses'' means + amounts paid or incurred by the employer to provide and maintain a + group health plan (as defined in section 5000(b)(1) of the Internal + Revenue Code of 1986), but only to the extent that such amounts are + excluded from the gross income of employees by reason of section + 106(a) of such Code. + (3) Allocation rules.--For purposes of this section, qualified + health plan expenses shall be allocated to qualified family leave + wages in such manner as the Secretary of the Treasury (or the + Secretary's delegate) may prescribe. Except as otherwise provided + by the Secretary, such allocation shall be treated as properly made + if made on the basis of being pro rata among covered employees and + pro rata on the basis of periods of coverage (relative to the time + periods of leave to which such wages relate). (e) Special Rules.-- - (1) Denial of double benefit.--For purposes of chapter 1 of - such Code, the gross income of the employer, for the taxable - year which includes the last day of any calendar quarter with - respect to which a credit is allowed under this section, shall - be increased by the amount of such credit. Any wages taken into - account in determining the credit allowed under this section - shall not be taken into account for purposes of determining the - credit allowed under section 45S of such Code . - (2) Election not to have section apply.--This section shall - not apply with respect to any employer for any calendar quarter - if such employer elects (at such time and in such manner as the - Secretary of the Treasury (or the Secretary's delegate) may - prescribe) not to have this section apply. - (3) Certain terms.--Any term used in this section which is - also used in chapter 21 of such Code shall have the same - meaning as when used in such chapter. - (4) Certain governmental employers.--This credit shall not - apply to the Government of the United States, the government of - any State or political subdivision thereof, or any agency or - instrumentality of any of the foregoing. + (1) Denial of double benefit.--For purposes of chapter 1 of + such Code, the gross income of the employer, for the taxable year + which includes the last day of any calendar quarter with respect to + which a credit is allowed under this section, shall be increased by + the amount of such credit. Any wages taken into account in + determining the credit allowed under this section shall not be + taken into account for purposes of determining the credit allowed + under section 45S of such Code. + (2) Election not to have section apply.--This section shall not + apply with respect to any employer for any calendar quarter if such + employer elects (at such time and in such manner as the Secretary + of the Treasury (or the Secretary's delegate) may prescribe) not to + have this section apply. + (3) Certain terms.--Any term used in this section which is also + used in chapter 21 of such Code shall have the same meaning as when + used in such chapter. + (4) Certain governmental employers.--This credit shall not + apply to the Government of the United States, the government of any + State or political subdivision thereof, or any agency or + instrumentality of any of the foregoing. (f) Regulations.--The Secretary of the Treasury (or the Secretary's delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including-- - (1) regulations or other guidance to prevent the avoidance - of the purposes of the limitations under this section, - (2) regulations or other guidance to minimize compliance - and record-keeping burdens under this section, - (3) regulations or other guidance providing for waiver of - penalties for failure to deposit amounts in anticipation of the - allowance of the credit allowed under this section, - (4) regulations or other guidance for recapturing the - benefit of credits determined under this section in cases where - there is a subsequent adjustment to the credit determined under - subsection (a), and - (5) regulations or other guidance to ensure that the wages - taken into account under this section conform with the paid - leave required to be provided under the Emergency Family and - Medical Leave Expansion Act (including the amendments made by - such Act). + (1) regulations or other guidance to prevent the avoidance of + the purposes of the limitations under this section, + (2) regulations or other guidance to minimize compliance and + record-keeping burdens under this section, + (3) regulations or other guidance providing for waiver of + penalties for failure to deposit amounts in anticipation of the + allowance of the credit allowed under this section, + (4) regulations or other guidance for recapturing the benefit + of credits determined under this section in cases where there is a + subsequent adjustment to the credit determined under subsection + (a), and + (5) regulations or other guidance to ensure that the wages + taken into account under this section conform with the paid leave + required to be provided under the Emergency Family and Medical + Leave Expansion Act (including the amendments made by such Act). (g) Application of Section.--This section shall apply only to wages paid with respect to the period beginning on a date selected by the Secretary of the Treasury (or the Secretary's delegate) which is during @@ -2260,146 +2030,134 @@ Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. - SEC. 7004. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF-EMPLOYED - INDIVIDUALS. - - (a) Credit Against Self-employment Tax.--In the case of an eligible +INDIVIDUALS. + (a) Credit Against Self-Employment Tax.--In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year an amount equal to 100 percent of the qualified family leave equivalent amount with respect to the individual. - (b) Eligible Self-employed Individual.--For purposes of this + (b) Eligible Self-Employed Individual.--For purposes of this section, the term ``eligible self-employed individual'' means an individual who-- - (1) regularly carries on any trade or business within the - meaning of section 1402 of such Code, and - (2) would be entitled to receive paid leave during the - taxable year pursuant to the Emergency Family and Medical Leave - Expansion Act if the individual were an employee of an employer - (other than himself or herself). + (1) regularly carries on any trade or business within the + meaning of section 1402 of such Code, and + (2) would be entitled to receive paid leave during the taxable + year pursuant to the Emergency Family and Medical Leave Expansion + Act if the individual were an employee of an employer (other than + himself or herself). (c) Qualified Family Leave Equivalent Amount.--For purposes of this section-- - (1) In general.--The term ``qualified family leave - equivalent amount'' means, with respect to any eligible self- - employed individual, an amount equal to the product of-- - (A) the number of days (not to exceed 50) during - the taxable year that the individual is unable to - perform services in any trade or business referred to - in section 1402 of such Code for a reason with respect - to which such individual would be entitled to receive - paid leave as described in subsection (b), multiplied - by - (B) the lesser of-- - (i) 67 percent of the average daily self- - employment income of the individual for the - taxable year, or - (ii) $200. - (2) Average daily self-employment income.--For purposes of - this subsection, the term ``average daily self-employment - income'' means an amount equal to-- - (A) the net earnings from self-employment income of - the individual for the taxable year, divided by - (B) 260. + (1) In general.--The term ``qualified family leave equivalent + amount'' means, with respect to any eligible self-employed + individual, an amount equal to the product of-- + (A) the number of days (not to exceed 50) during the + taxable year that the individual is unable to perform services + in any trade or business referred to in section 1402 of such + Code for a reason with respect to which such individual would + be entitled to receive paid leave as described in subsection + (b), multiplied by + (B) the lesser of-- + (i) 67 percent of the average daily self-employment + income of the individual for the taxable year, or + (ii) $200. + (2) Average daily self-employment income.--For purposes of this + subsection, the term ``average daily self-employment income'' means + an amount equal to-- + (A) the net earnings from self-employment income of the + individual for the taxable year, divided by + (B) 260. (d) Special Rules.-- - (1) Credit refundable.-- - (A) In general.--The credit determined under this - section shall be treated as a credit allowed to the - taxpayer under subpart C of part IV of subchapter A of - chapter 1 of such Code. - (B) Treatment of payments.--For purposes of section - 1324 of title 31, United States Code, any refund due - from the credit determined under this section shall be - treated in the same manner as a refund due from a - credit provision referred to in subsection (b)(2) of - such section. - (2) Documentation.--No credit shall be allowed under this - section unless the individual maintains such documentation as - the Secretary of the Treasury (or the Secretary's delegate) may - prescribe to establish such individual as an eligible self- - employed individual. - (3) Denial of double benefit.--In the case of an individual - who receives wages (as defined in section 3121(a) of the - Internal Revenue Code of 1986) or compensation (as defined in - section 3231(e) of the Internal Revenue Code) paid by an - employer which are required to be paid by reason of the - Emergency Family and Medical Leave Expansion Act, the qualified - family leave equivalent amount otherwise described in - subsection (c) shall be reduced (but not below zero) to the - extent that the sum of the amount described in such subsection - and in section 7003(b)(1) exceeds $10,000. - (4) Certain terms.--Any term used in this section which is - also used in chapter 2 of the Internal Revenue Code of 1986 - shall have the same meaning as when used in such chapter. - (5) References to emergency family and medical leave - expansion act.--Any reference in this section to the Emergency - Family and Medical Leave Expansion Act shall be treated as - including a reference to the amendments made by such Act. + (1) Credit refundable.-- + (A) In general.--The credit determined under this section + shall be treated as a credit allowed to the taxpayer under + subpart C of part IV of subchapter A of chapter 1 of such Code. + (B) Treatment of payments.--For purposes of section 1324 of + title 31, United States Code, any refund due from the credit + determined under this section shall be treated in the same + manner as a refund due from a credit provision referred to in + subsection (b)(2) of such section. + (2) Documentation.--No credit shall be allowed under this + section unless the individual maintains such documentation as the + Secretary of the Treasury (or the Secretary's delegate) may + prescribe to establish such individual as an eligible self-employed + individual. + (3) Denial of double benefit.--In the case of an individual who + receives wages (as defined in section 3121(a) of the Internal + Revenue Code of 1986) or compensation (as defined in section + 3231(e) of the Internal Revenue Code) paid by an employer which are + required to be paid by reason of the Emergency Family and Medical + Leave Expansion Act, the qualified family leave equivalent amount + otherwise described in subsection (c) shall be reduced (but not + below zero) to the extent that the sum of the amount described in + such subsection and in section 7003(b)(1) exceeds $10,000. + (4) Certain terms.--Any term used in this section which is also + used in chapter 2 of the Internal Revenue Code of 1986 shall have + the same meaning as when used in such chapter. + (5) References to emergency family and medical leave expansion + act.--Any reference in this section to the Emergency Family and + Medical Leave Expansion Act shall be treated as including a + reference to the amendments made by such Act. (e) Application of Section.--Only days occurring during the period beginning on a date selected by the Secretary of the Treasury (or the Secretary's delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020, may be taken into account under subsection (c)(1)(A). (f) Application of Credit in Certain Possessions.-- - (1) Payments to possessions with mirror code tax systems.-- - The Secretary of the Treasury (or the Secretary's delegate) - shall pay to each possession of the United States which has a - mirror code tax system amounts equal to the loss (if any) to - that possession by reason of the application of the provisions - of this section. Such amounts shall be determined by the - Secretary of the Treasury (or the Secretary's delegate) based - on information provided by the government of the respective - possession. - (2) Payments to other possessions.--The Secretary of the - Treasury (or the Secretary's delegate) shall pay to each - possession of the United States which does not have a mirror - code tax system amounts estimated by the Secretary of the - Treasury (or the Secretary's delegate) as being equal to the - aggregate benefits (if any) that would have been provided to - residents of such possession by reason of the provisions of - this section if a mirror code tax system had been in effect in - such possession. The preceding sentence shall not apply unless - the respective possession has a plan, which has been approved - by the Secretary of the Treasury (or the Secretary's delegate), - under which such possession will promptly distribute such - payments to its residents. - (3) Mirror code tax system.--For purposes of this section, - the term ``mirror code tax system'' means, with respect to any - possession of the United States, the income tax system of such - possession if the income tax liability of the residents of such - possession under such system is determined by reference to the - income tax laws of the United States as if such possession were - the United States. - (4) Treatment of payments.--For purposes of section 1324 of - title 31, United States Code, the payments under this section - shall be treated in the same manner as a refund due from a - credit provision referred to in subsection (b)(2) of such - section. + (1) Payments to possessions with mirror code tax systems.--The + Secretary of the Treasury (or the Secretary's delegate) shall pay + to each possession of the United States which has a mirror code tax + system amounts equal to the loss (if any) to that possession by + reason of the application of the provisions of this section. Such + amounts shall be determined by the Secretary of the Treasury (or + the Secretary's delegate) based on information provided by the + government of the respective possession. + (2) Payments to other possessions.--The Secretary of the + Treasury (or the Secretary's delegate) shall pay to each possession + of the United States which does not have a mirror code tax system + amounts estimated by the Secretary of the Treasury (or the + Secretary's delegate) as being equal to the aggregate benefits (if + any) that would have been provided to residents of such possession + by reason of the provisions of this section if a mirror code tax + system had been in effect in such possession. The preceding + sentence shall not apply unless the respective possession has a + plan, which has been approved by the Secretary of the Treasury (or + the Secretary's delegate), under which such possession will + promptly distribute such payments to its residents. + (3) Mirror code tax system.--For purposes of this section, the + term ``mirror code tax system'' means, with respect to any + possession of the United States, the income tax system of such + possession if the income tax liability of the residents of such + possession under such system is determined by reference to the + income tax laws of the United States as if such possession were the + United States. + (4) Treatment of payments.--For purposes of section 1324 of + title 31, United States Code, the payments under this section shall + be treated in the same manner as a refund due from a credit + provision referred to in subsection (b)(2) of such section. (e) Regulations.--The Secretary of the Treasury (or the Secretary's delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including-- - (1) regulations or other guidance to prevent the avoidance - of the purposes of this Act, and - (2) regulations or other guidance to minimize compliance - and record-keeping burdens under this section. - + (1) regulations or other guidance to prevent the avoidance of + the purposes of this Act, and + (2) regulations or other guidance to minimize compliance and + record-keeping burdens under this section. SEC. 7005. SPECIAL RULE RELATED TO TAX ON EMPLOYERS. - (a) In General.--Any wages required to be paid by reason of the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act shall not be considered wages for purposes of section 3111(a) of the Internal Revenue Code of 1986 or compensation for purposes of section 3221(a) of such Code. (b) Allowance of Credit for Hospital Insurance Taxes.-- - (1) In general.--The credit allowed by section 7001 and the - credit allowed by section 7003 shall each be increased by the - amount of the tax imposed by section 3111(b) of the Internal - Revenue Code of 1986 on qualified sick leave wages, or - qualified family leave wages, for which credit is allowed under - such section 7001 or 7003 (respectively). - (2) Denial of double benefit.--For denial of double benefit - with respect to the credit increase under paragraph (1), see - sections 7001(e)(1) and 7003(e)(1). + (1) In general.--The credit allowed by section 7001 and the + credit allowed by section 7003 shall each be increased by the + amount of the tax imposed by section 3111(b) of the Internal + Revenue Code of 1986 on qualified sick leave wages, or qualified + family leave wages, for which credit is allowed under such section + 7001 or 7003 (respectively). + (2) Denial of double benefit.--For denial of double benefit + with respect to the credit increase under paragraph (1), see + sections 7001(e)(1) and 7003(e)(1). (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance @@ -2416,7 +2174,6 @@ Trust Fund or Account had this section not been enacted. DIVISION H--BUDGETARY EFFECTS SEC. 8001. BUDGETARY EFFECTS. - (a) Statutory PAYGO Scorecards.--The budgetary effects of division B and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As- @@ -2431,20 +2188,12 @@ statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division B and each succeeding division shall not be estimated-- - (1) for purposes of section 251 of such Act; and - (2) for purposes of paragraph (4)(C) of section 3 of the - Statutory Pay-As-You-Go Act of 2010 as being included in an - appropriation Act. - - Passed the House of Representatives March 14 (legislative - day March 13), 2020. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. - By Gloria J. Lett, + Speaker of the House of Representatives. - Deputy Clerk. + Vice President of the United States and + President of the Senate. From d522499f73eb7f76285ed0154a8850f0a19e73f1 Mon Sep 17 00:00:00 2001 From: "Rep. Gallego, Ruben [D-AZ-7]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 577/984] House-6237: Introduced to House --- bills_text/House-6237.txt | 54 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 54 insertions(+) create mode 100644 bills_text/House-6237.txt diff --git a/bills_text/House-6237.txt b/bills_text/House-6237.txt new file mode 100644 index 0000000..146dcd6 --- /dev/null +++ b/bills_text/House-6237.txt @@ -0,0 +1,54 @@ +116th CONGRESS + 2d Session + H. R. 6237 + + To amend the Indian Health Care Improvement Act to clarify the +requirement of the Department of Veterans Affairs and the Department of +Defense to reimburse the Indian Health Service for certain health care + services. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 12, 2020 + +Mr. Gallego (for himself and Mr. Mullin) introduced the following bill; + which was referred to the Committee on Natural Resources, and in + addition to the Committee on Energy and Commerce, for a period to be +subsequently determined by the Speaker, in each case for consideration + of such provisions as fall within the jurisdiction of the committee + concerned + +_______________________________________________________________________ + + A BILL + + + + To amend the Indian Health Care Improvement Act to clarify the +requirement of the Department of Veterans Affairs and the Department of +Defense to reimburse the Indian Health Service for certain health care + services. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Proper and Reimbursed Care for +Native Veterans Act'' or the ``PRC for Native Veterans Act''. + +SEC. 2. CLARIFICATION OF REQUIREMENT OF DEPARTMENT OF VETERANS AFFAIRS + AND DEPARTMENT OF DEFENSE TO REIMBURSE INDIAN HEALTH + SERVICE FOR CERTAIN HEALTH CARE SERVICES. + + Section 405(c) of the Indian Health Care Improvement Act (25 U.S.C. +1645) is amended by inserting before the period at the end the +following: ``, regardless of whether such services are provided +directly by the Service, an Indian tribe, or tribal organization, +through contract health services, or through a contract for travel +described in section 213(b)''. + \ No newline at end of file From 443dd6f023b2ea794e6738121ebd3b60d4ce34c5 Mon Sep 17 00:00:00 2001 From: "Rep. Gallego, Ruben [D-AZ-7]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 578/984] House-6237: Engrossed in House --- bills_text/House-6237.txt | 45 +++++++++++++++++++-------------------- 1 file changed, 22 insertions(+), 23 deletions(-) diff --git a/bills_text/House-6237.txt b/bills_text/House-6237.txt index 146dcd6..de08ff1 100644 --- a/bills_text/House-6237.txt +++ b/bills_text/House-6237.txt @@ -2,29 +2,9 @@ 2d Session H. R. 6237 - To amend the Indian Health Care Improvement Act to clarify the -requirement of the Department of Veterans Affairs and the Department of -Defense to reimburse the Indian Health Service for certain health care - services. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 12, 2020 - -Mr. Gallego (for himself and Mr. Mullin) introduced the following bill; - which was referred to the Committee on Natural Resources, and in - addition to the Committee on Energy and Commerce, for a period to be -subsequently determined by the Speaker, in each case for consideration - of such provisions as fall within the jurisdiction of the committee - concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -49,6 +29,25 @@ SEC. 2. CLARIFICATION OF REQUIREMENT OF DEPARTMENT OF VETERANS AFFAIRS 1645) is amended by inserting before the period at the end the following: ``, regardless of whether such services are provided directly by the Service, an Indian tribe, or tribal organization, -through contract health services, or through a contract for travel +through purchased/referred care, or through a contract for travel described in section 213(b)''. - \ No newline at end of file + + Passed the House of Representatives November 16, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6237 + +_______________________________________________________________________ + + AN ACT + + To amend the Indian Health Care Improvement Act to clarify the +requirement of the Department of Veterans Affairs and the Department of +Defense to reimburse the Indian Health Service for certain health care + services. From 412953d6e0883ffc355cce2d16da3ad2bb97bfd6 Mon Sep 17 00:00:00 2001 From: "Rep. Gallego, Ruben [D-AZ-7]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 579/984] House-6237: Enrolled --- bills_text/House-6237.txt | 54 ++++++++++++++++----------------------- 1 file changed, 22 insertions(+), 32 deletions(-) diff --git a/bills_text/House-6237.txt b/bills_text/House-6237.txt index de08ff1..6bfe7d3 100644 --- a/bills_text/House-6237.txt +++ b/bills_text/House-6237.txt @@ -1,30 +1,35 @@ -116th CONGRESS - 2d Session - H. R. 6237 + H.R.6237 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend the Indian Health Care Improvement Act to clarify the + To amend the Indian Health Care Improvement Act to clarify the requirement of the Department of Veterans Affairs and the Department of -Defense to reimburse the Indian Health Service for certain health care - services. + Defense to reimburse the Indian Health Service for certain health care + services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Proper and Reimbursed Care for Native Veterans Act'' or the ``PRC for Native Veterans Act''. - SEC. 2. CLARIFICATION OF REQUIREMENT OF DEPARTMENT OF VETERANS AFFAIRS - AND DEPARTMENT OF DEFENSE TO REIMBURSE INDIAN HEALTH - SERVICE FOR CERTAIN HEALTH CARE SERVICES. - +AND DEPARTMENT OF DEFENSE TO REIMBURSE INDIAN HEALTH SERVICE FOR +CERTAIN HEALTH CARE SERVICES. Section 405(c) of the Indian Health Care Improvement Act (25 U.S.C. 1645) is amended by inserting before the period at the end the following: ``, regardless of whether such services are provided @@ -32,22 +37,7 @@ directly by the Service, an Indian tribe, or tribal organization, through purchased/referred care, or through a contract for travel described in section 213(b)''. - Passed the House of Representatives November 16, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - H. R. 6237 - -_______________________________________________________________________ - - AN ACT - - To amend the Indian Health Care Improvement Act to clarify the -requirement of the Department of Veterans Affairs and the Department of -Defense to reimburse the Indian Health Service for certain health care - services. + Vice President of the United States and + President of the Senate. From dc01343551102a6b538263909b4420217e222449 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 580/984] House-6322: Introduced to House --- bills_text/House-6322.txt | 252 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 252 insertions(+) create mode 100644 bills_text/House-6322.txt diff --git a/bills_text/House-6322.txt b/bills_text/House-6322.txt new file mode 100644 index 0000000..ebafdf6 --- /dev/null +++ b/bills_text/House-6322.txt @@ -0,0 +1,252 @@ +116th CONGRESS + 2d Session + H. R. 6322 + + To make certain improvements in the educational assistance benefits +under the laws administered by the Secretary of Veterans Affairs in the + case of changes to courses of education by reason of emergency + situations, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 23, 2020 + + Mr. Takano (for himself, Mr. David P. Roe of Tennessee, Mr. Castro of +Texas, Ms. Blunt Rochester, Ms. Brownley of California, Ms. Norton, Mr. + Rush, Mrs. Bustos, Mr. Carbajal, Mr. Peters, Mr. Schneider, Mr. Crow, + Mr. Pappas, Mr. Cisneros, Mr. Thompson of California, Mr. Smith of + Washington, Mr. Allred, Mrs. Lee of Nevada, Mr. Panetta, Ms. Jayapal, + Mr. Cardenas, Mr. Lamborn, Mr. Golden, Mr. Neguse, Mr. Sablan, Mr. + Cunningham, Miss Rice of New York, and Mr. Levin of California) + introduced the following bill; which was referred to the Committee on +Veterans' Affairs, and in addition to the Committee on Armed Services, +for a period to be subsequently determined by the Speaker, in each case +for consideration of such provisions as fall within the jurisdiction of + the committee concerned + +_______________________________________________________________________ + + A BILL + + + + To make certain improvements in the educational assistance benefits +under the laws administered by the Secretary of Veterans Affairs in the + case of changes to courses of education by reason of emergency + situations, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Student Veteran Coronavirus Response +Act of 2020''. + +SEC. 2. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY SITUATIONS. + + Section 3485 of title 38, United States Code, is amended by adding +at the end the following new subsection: + ``(f)(1) In case of an individual who is in receipt of work-study +allowance pursuant to an agreement described in subsection (a)(3) as of +the date on which an emergency situation occurs and who is unable to +continue to perform qualifying work-study activities described in +subsection (a)(4) by reason of the emergency situation-- + ``(A) the Secretary may continue to pay work-study + allowance under this section or make deductions described in + subsection (e)(1) during the period of such emergency + situation, notwithstanding the inability of the individual to + perform such work-study activities by reason of such emergency + situation; and + ``(B) at the option of the individual, the Secretary shall + extend the agreement described in subsection (a)(3) with the + individual for any subsequent period of enrollment initiated + during the emergency situation, notwithstanding the inability + of the individual to perform work-study activities described in + subsection (a)(4) by reason of such emergency situation. + ``(2) The amount of work-study allowance payable to an individual +under paragraph (1)(A) during the period of an emergency situation +shall be an amount determined by the Secretary but may not exceed the +amount that would be payable under subsection (a)(2) if the individual +worked 25 hours per week paid during such period.''. + +SEC. 3. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL + INSTITUTIONS CLOSED FOR EMERGENCY SITUATIONS. + + (a) Temporary Provision.-- + (1) In general.--During the period beginning on March 1, + 2020, and ending on December 21, 2020, the Secretary may pay + allowances to an eligible veteran or eligible person under + section 3680(a)(2)(A) of title 38, United States Code, if the + veteran or person is enrolled in a program or course of + education that-- + (A) is provided by an educational institution that + is closed by reason of an emergency situation; or + (B) is suspended by reason of an emergency + situation. + (2) Amount of allowance.--The total number of weeks for + which allowances may be paid under this section may not exceed + four weeks. + (3) Not counted for purposes of limitation.--Any amount + paid under this section shall not be counted for purposes of + the limitation on allowanced under section 3680(a)(2)(A) of + title 38, United States Code. + (b) Permanent Provision.--Section 3680(a)(2) of title 38, United +States Code, is amended-- + (1) in subparagraph (A), by striking ``12-month'' and + inserting ``six-month''; and + (2) in subparagraph (B)-- + (A) by striking ``or following'' and inserting + ``during periods following''; and + (B) by inserting after ``section 3699(b)(1)(B) of + this title,'' the following: ``, or during periods when + a course of study or program of education is + temporarily closed or terminated by reason of an + emergency situation,''. + +SEC. 4. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS UNABLE TO + PURSUE A PROGRAM OF EDUCATION DUE TO AN EMERGENCY + SITUATION. + + Section 3699(b)(1) of title 38, United States Code, is amended-- + (1) in subparagraph (A), by striking ``or'' at the end; + (2) in subparagraph (B)(ii), by striking ``and'' at the end + and inserting ``or'' ; and + (3) by adding at the end the following new subparagraph: + ``(C) the temporary closure of an educational + institution or the temporary closure or termination of + a course or program of education by reason of an + emergency situation; and''. + +SEC. 5. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT. + + (a) Montgomery GI Bill.--Section 3031 of title 38, United States +Code, is amended by adding at the end the following new subsection: + ``(i) In the case of an individual eligible for educational +assistance under this chapter who is prevented from pursuing the +individual's chosen program of education before the expiration of the +10-year period for the use of entitlement under this chapter otherwise +applicable under this section because the educational institution +closed (temporarily or permanently) under an established policy based +on an Executive order of the President or due to an emergency +situation, such 10-year period-- + ``(1) shall not run during the period the individual is so + prevented from pursuing such program; and + ``(2) shall again begin running on the first day after the + individual is able to resume pursuit of a program of education + with educational assistance under this chapter.''. + (b) Post-9/11 Educational Assistance.-- + (1) In general.--Section 3321(b)(1) of such title is + amended-- + (A) by inserting ``(A)'' before ``Subsections''; + (B) by striking ``and (d)'' and inserting ``(d), + and (i)''; and by adding at the end the following new + subparagraph: + ``(B) Subsection (i) of section 3031 shall apply with + respect to the running of the 15-year period described in + paragraphs (4)(A) and (5)(A) of this subsection in the same + manner as such subsection applies under section 3031 with + respect to the running of the 10-year period described in + section 3031(a).''. + (2) Transfer period.--Section 3319(h)(5) is amended-- + (A) in subparagraph (A) by inserting ``or (C)'' + after ``subparagraph (B)''; and + (B) by adding at the end the following new + subparagraph: + ``(C) Emergency situations.--In any case in which + the Secretary determines that an individual to whom + entitlement is transferred under this section has been + prevented from pursuing the individual's chosen program + of education before the individual attains the age of + 26 years because the educational institution closed + (temporarily or permanently) under an established + policy based on an Executive order of the President or + due to an emergency situation, the Secretary shall + extend the period during which the individual may use + such entitlement for a period equal to the number of + months that the individual was so prevented from + pursuing the program of education, as determined by the + Secretary.''. + (c) Vocational Rehabilitation and Training.-- + (1) Period for use.--Section 3103 of such title is + amended-- + (A) in subsection (a), by striking ``or (e)'' and + inserting ``(e), or (g)''; and + (B) by adding at the end the following new + subsection: + ``(g) In any case in which the Secretary determines that a veteran +has been prevented from participating in a vocational rehabilitation +program under this chapter within the twelve-year period of eligibility +prescribed in subsection (a) by reason of an Executive order of the +President or due to an emergency situation, such twelve-year period-- + ``(1) shall not run during the period the individual is so + prevented from participating such program; and + ``(2) shall again begin running on the first day after the + individual is able to resume participation in such program.''. + (2) Duration of program.--Section 3105(b) of such title is + amended-- + (A) in paragraph (1), by striking ``paragraph (2)'' + and inserting ``paragraphs (2) and (3)''; and + (B) by adding at the end the following new + paragraph: + ``(3)(A) In any case in which the Secretary determines that a +veteran has been prevented from participating in counseling and +placement and postplacement services described in section 3104(a)(2) +and (5) of this title by reason of an Executive order of the President +or due to an emergency situation, the Secretary shall extend the period +during which the Secretary may provide such counseling and placement +and postplacement services for the veteran for a period equal to the +number of months that the veteran was so prevented from participating +in such counseling and services, as determined by the Secretary. + ``(B) In any case in which the Secretary determines that a veteran +has been prevented from participating in a vocational rehabilitation +program under this chapter by reason of an Executive order of the +President or due to an emergency situation, the Secretary shall extend +the period of the veteran's vocational rehabilitation program for a +period equal to the number of months that the veteran was so prevented +from participating in the vocational rehabilitation program, as +determined by the Secretary.''. + (d) Educational Assistance for Members of the Selected Reserve.-- +Section 16133(b) of title 10, United States Code, is amended by adding +at the end the following new paragraph: + ``(5) In any case in which the Secretary concerned determines that +a person entitled to educational assistance under this chapter has been +prevented from using such person's entitlement by reason of an +Executive order of the President or due to an emergency situation, the +Secretary concerned shall extend the period of entitlement prescribed +in subsection (a) for a period equal to the number of months that the +person was so prevented from using such entitlement, as determined by +the Secretary.''. + +SEC. 6. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS FOR + VETERANS AFFECTED BY SCHOOL CLOSURE OR DISAPPROVAL. + + (a) Entitlement.--Section 3699 of title 38, United States Code, is +amended by striking ``chapter 30,'' each time it appears and inserting +``chapter 30, 31,''. + (b) Payment of Subsistence Allowances.--Section 3680(a)(2)(B) of +title 38, United States Code, is amended-- + (1) by inserting ``or a subsistence allowance described in + section 3108'' before ``, during''; and + (2) by inserting ``or allowance'' after ``such a stipend''. + (c) Effective Date.--The amendments made by this section shall +apply as if included in the enactment of section 109 of the Harry W. +Colmery Veterans Educational Assistance Act of 2017 (Public Law 115-48; +131 Stat. 978). + +SEC. 7. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION SUBSISTENCE + ALLOWANCES. + + In the case of any veteran who the Secretary of Veterans Affairs +determines is satisfactorily following a program of employment services +provided under section 3104(a)(5) of title 38, United States Code, +during period beginning on March 1, 2020, and ending on December 21, +2020, the Secretary may pay the veteran a subsistence allowance, as +prescribed in section 3108 of such title for full-time training for the +type of program that the veteran was pursuing, for two additional +months.''. + \ No newline at end of file From 4de1157d759e0f932eb00587d5954f2b6a2aa885 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 581/984] House-6322: Engrossed in House --- bills_text/House-6322.txt | 203 +++++++++++++++++++------------------- 1 file changed, 103 insertions(+), 100 deletions(-) diff --git a/bills_text/House-6322.txt b/bills_text/House-6322.txt index ebafdf6..feb6cf9 100644 --- a/bills_text/House-6322.txt +++ b/bills_text/House-6322.txt @@ -2,35 +2,9 @@ 2d Session H. R. 6322 - To make certain improvements in the educational assistance benefits -under the laws administered by the Secretary of Veterans Affairs in the - case of changes to courses of education by reason of emergency - situations, and for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 23, 2020 - - Mr. Takano (for himself, Mr. David P. Roe of Tennessee, Mr. Castro of -Texas, Ms. Blunt Rochester, Ms. Brownley of California, Ms. Norton, Mr. - Rush, Mrs. Bustos, Mr. Carbajal, Mr. Peters, Mr. Schneider, Mr. Crow, - Mr. Pappas, Mr. Cisneros, Mr. Thompson of California, Mr. Smith of - Washington, Mr. Allred, Mrs. Lee of Nevada, Mr. Panetta, Ms. Jayapal, - Mr. Cardenas, Mr. Lamborn, Mr. Golden, Mr. Neguse, Mr. Sablan, Mr. - Cunningham, Miss Rice of New York, and Mr. Levin of California) - introduced the following bill; which was referred to the Committee on -Veterans' Affairs, and in addition to the Committee on Armed Services, -for a period to be subsequently determined by the Speaker, in each case -for consideration of such provisions as fall within the jurisdiction of - the committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -47,10 +21,16 @@ SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Veteran Coronavirus Response Act of 2020''. -SEC. 2. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY SITUATIONS. +SEC. 2. COVERED PERIOD DEFINED. + + For purposes of this Act, the term ``covered period'' means the +period beginning on March 1, 2020, and ending on December 21, 2020. - Section 3485 of title 38, United States Code, is amended by adding -at the end the following new subsection: +SEC. 3. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY SITUATIONS. + + During the covered period, the Secretary of Veterans Affairs shall +apply section 3485 of title 38, United States Code, as if it were +amended by adding at the end the following new subsection: ``(f)(1) In case of an individual who is in receipt of work-study allowance pursuant to an agreement described in subsection (a)(3) as of the date on which an emergency situation occurs and who is unable to @@ -74,45 +54,29 @@ shall be an amount determined by the Secretary but may not exceed the amount that would be payable under subsection (a)(2) if the individual worked 25 hours per week paid during such period.''. -SEC. 3. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL +SEC. 4. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL INSTITUTIONS CLOSED FOR EMERGENCY SITUATIONS. - (a) Temporary Provision.-- - (1) In general.--During the period beginning on March 1, - 2020, and ending on December 21, 2020, the Secretary may pay - allowances to an eligible veteran or eligible person under - section 3680(a)(2)(A) of title 38, United States Code, if the - veteran or person is enrolled in a program or course of - education that-- - (A) is provided by an educational institution that - is closed by reason of an emergency situation; or - (B) is suspended by reason of an emergency - situation. - (2) Amount of allowance.--The total number of weeks for - which allowances may be paid under this section may not exceed - four weeks. - (3) Not counted for purposes of limitation.--Any amount - paid under this section shall not be counted for purposes of - the limitation on allowanced under section 3680(a)(2)(A) of - title 38, United States Code. - (b) Permanent Provision.--Section 3680(a)(2) of title 38, United -States Code, is amended-- - (1) in subparagraph (A), by striking ``12-month'' and - inserting ``six-month''; and - (2) in subparagraph (B)-- - (A) by striking ``or following'' and inserting - ``during periods following''; and - (B) by inserting after ``section 3699(b)(1)(B) of - this title,'' the following: ``, or during periods when - a course of study or program of education is - temporarily closed or terminated by reason of an - emergency situation,''. - -SEC. 4. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS UNABLE TO + (a) In General.--During the covered period, the Secretary may pay +allowances to an eligible veteran or eligible person under section +3680(a)(2)(A) of title 38, United States Code, if the veteran or person +is enrolled in a program or course of education that-- + (1) is provided by an educational institution that is + closed by reason of an emergency situation; or + (2) is suspended by reason of an emergency situation. + (b) Amount of Allowance.--The total number of weeks for which +allowances may be paid under this section may not exceed four weeks. + (c) Not Counted for Purposes of Limitation.--Any amount paid under +this section shall not be counted for purposes of the limitation on +allowanced under section 3680(a)(2)(A) of title 38, United States Code. + +SEC. 5. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS UNABLE TO PURSUE A PROGRAM OF EDUCATION DUE TO AN EMERGENCY SITUATION. - Section 3699(b)(1) of title 38, United States Code, is amended-- + During the covered period, the Secretary of Veterans Affairs shall +apply section 3699(b)(1) of title 38, United States Code, as if it were +amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B)(ii), by striking ``and'' at the end and inserting ``or'' ; and @@ -122,10 +86,12 @@ SEC. 4. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS UNABLE TO a course or program of education by reason of an emergency situation; and''. -SEC. 5. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT. +SEC. 6. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT. - (a) Montgomery GI Bill.--Section 3031 of title 38, United States -Code, is amended by adding at the end the following new subsection: + (a) Montgomery GI Bill.--During the covered period, the Secretary +of Veterans Affairs shall apply section 3031 of title 38, United States +Code, as if it were amended by adding at the end the following new +subsection: ``(i) In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual's chosen program of education before the expiration of the @@ -140,19 +106,23 @@ situation, such 10-year period-- individual is able to resume pursuit of a program of education with educational assistance under this chapter.''. (b) Post-9/11 Educational Assistance.-- - (1) In general.--Section 3321(b)(1) of such title is - amended-- + (1) In general.--During the covered period, the Secretary + of Veterans Affairs shall apply section 3321(b)(1) of such + title as if it were amended-- (A) by inserting ``(A)'' before ``Subsections''; (B) by striking ``and (d)'' and inserting ``(d), and (i)''; and by adding at the end the following new subparagraph: - ``(B) Subsection (i) of section 3031 shall apply with - respect to the running of the 15-year period described in - paragraphs (4)(A) and (5)(A) of this subsection in the same - manner as such subsection applies under section 3031 with - respect to the running of the 10-year period described in - section 3031(a).''. - (2) Transfer period.--Section 3319(h)(5) is amended-- + ``(B) Subsection (i) of section 3031 (as described in + section 6 of the Student Veteran Coronavirus Response Act of + 2020) shall apply with respect to the running of the 15-year + period described in paragraphs (4)(A) and (5)(A) of this + subsection in the same manner as such subsection applies under + section 3031 with respect to the running of the 10-year period + described in section 3031(a).''. + (2) Transfer period.--During the covered period, the + Secretary of Veterans Affairs shall apply section 3319(h)(5) of + such title as if it were amended-- (A) in subparagraph (A) by inserting ``or (C)'' after ``subparagraph (B)''; and (B) by adding at the end the following new @@ -172,8 +142,9 @@ situation, such 10-year period-- pursuing the program of education, as determined by the Secretary.''. (c) Vocational Rehabilitation and Training.-- - (1) Period for use.--Section 3103 of such title is - amended-- + (1) Period for use.--During the covered period, the + Secretary of Veterans affairs shall apply section 3103 of such + title as if it were amended-- (A) in subsection (a), by striking ``or (e)'' and inserting ``(e), or (g)''; and (B) by adding at the end the following new @@ -187,8 +158,9 @@ President or due to an emergency situation, such twelve-year period-- prevented from participating such program; and ``(2) shall again begin running on the first day after the individual is able to resume participation in such program.''. - (2) Duration of program.--Section 3105(b) of such title is - amended-- + (2) Duration of program.--During the covered period, the + Secretary of Veterans Affairs shall apply section 3105(b) of + such title as if it were amended-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (B) by adding at the end the following new @@ -211,8 +183,9 @@ period equal to the number of months that the veteran was so prevented from participating in the vocational rehabilitation program, as determined by the Secretary.''. (d) Educational Assistance for Members of the Selected Reserve.-- -Section 16133(b) of title 10, United States Code, is amended by adding -at the end the following new paragraph: +During the covered period, the Secretary concerned shall apply section +16133(b) of title 10, United States Code, as if it were amended by +adding at the end the following new paragraph: ``(5) In any case in which the Secretary concerned determines that a person entitled to educational assistance under this chapter has been prevented from using such person's entitlement by reason of an @@ -222,31 +195,61 @@ in subsection (a) for a period equal to the number of months that the person was so prevented from using such entitlement, as determined by the Secretary.''. -SEC. 6. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS FOR +SEC. 7. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS FOR VETERANS AFFECTED BY SCHOOL CLOSURE OR DISAPPROVAL. - (a) Entitlement.--Section 3699 of title 38, United States Code, is -amended by striking ``chapter 30,'' each time it appears and inserting -``chapter 30, 31,''. - (b) Payment of Subsistence Allowances.--Section 3680(a)(2)(B) of -title 38, United States Code, is amended-- + (a) Entitlement.--During the covered period, the Secretary of +Veterans Affairs shall apply section 3699 of title 38, United States +Code, as if it were amended by striking ``chapter 30,'' each time it +appears and inserting ``chapter 30, 31,''. + (b) Payment of Subsistence Allowances.--During the covered period, +the Secretary of Veterans Affairs shall apply section 3680(a)(2)(B) of +title 38, United States Code, as if it were amended-- (1) by inserting ``or a subsistence allowance described in section 3108'' before ``, during''; and (2) by inserting ``or allowance'' after ``such a stipend''. - (c) Effective Date.--The amendments made by this section shall -apply as if included in the enactment of section 109 of the Harry W. -Colmery Veterans Educational Assistance Act of 2017 (Public Law 115-48; -131 Stat. 978). -SEC. 7. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION SUBSISTENCE +SEC. 8. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION SUBSISTENCE ALLOWANCES. - In the case of any veteran who the Secretary of Veterans Affairs + In the case of any veteran whom the Secretary of Veterans Affairs determines is satisfactorily following a program of employment services provided under section 3104(a)(5) of title 38, United States Code, -during period beginning on March 1, 2020, and ending on December 21, -2020, the Secretary may pay the veteran a subsistence allowance, as -prescribed in section 3108 of such title for full-time training for the -type of program that the veteran was pursuing, for two additional -months.''. - \ No newline at end of file +during the covered period, the Secretary may pay the veteran a +subsistence allowance, as prescribed in section 3108 of such title for +full-time training for the type of program that the veteran was +pursuing, for two additional months. + +SEC. 9. EMERGENCY DESIGNATIONS. + + (a) In General.--This Act is designated as an emergency requirement +pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 +U.S.C. 933(g)). + (b) Designation in Senate.--In the Senate, this Act is designated +as an emergency requirement pursuant to section 4112(a) of H. Con. Res. +71 (115th Congress), + + + + +the concurrent resolution on the budget for fiscal year 2018. + + Passed the House of Representatives March 31, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6322 + +_______________________________________________________________________ + + AN ACT + + To make certain improvements in the educational assistance benefits +under the laws administered by the Secretary of Veterans Affairs in the + case of changes to courses of education by reason of emergency + situations, and for other purposes. From cba6aa9a9e8ffe32af6a93f0741c8794ec2dc848 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 582/984] House-6322: Received in Senate --- bills_text/House-6322.txt | 28 +++++++++++++++------------- 1 file changed, 15 insertions(+), 13 deletions(-) diff --git a/bills_text/House-6322.txt b/bills_text/House-6322.txt index feb6cf9..1e5ba7e 100644 --- a/bills_text/House-6322.txt +++ b/bills_text/House-6322.txt @@ -2,6 +2,16 @@ 2d Session H. R. 6322 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 21, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -232,24 +242,16 @@ as an emergency requirement pursuant to section 4112(a) of H. Con. Res. -the concurrent resolution on the budget for fiscal year 2018. + the concurrent resolution on the budget for fiscal year 2018. Passed the House of Representatives March 31, 2020. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 6322 - -_______________________________________________________________________ + Clerk. - AN ACT + By Gloria J. Lett, - To make certain improvements in the educational assistance benefits -under the laws administered by the Secretary of Veterans Affairs in the - case of changes to courses of education by reason of emergency - situations, and for other purposes. + Deputy Clerk. From 726aecb559f260f0dbc24ffe6af2167243e035db Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 583/984] House-6322: Enrolled --- bills_text/House-6322.txt | 229 ++++++++++++++++---------------------- 1 file changed, 95 insertions(+), 134 deletions(-) diff --git a/bills_text/House-6322.txt b/bills_text/House-6322.txt index 1e5ba7e..faf00bc 100644 --- a/bills_text/House-6322.txt +++ b/bills_text/House-6322.txt @@ -1,43 +1,36 @@ -116th CONGRESS - 2d Session - H. R. 6322 + H.R.6322 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - April 21, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act To make certain improvements in the educational assistance benefits under the laws administered by the Secretary of Veterans Affairs in the - case of changes to courses of education by reason of emergency - situations, and for other purposes. + case of changes to courses of education by reason of emergency + situations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Student Veteran Coronavirus Response Act of 2020''. - SEC. 2. COVERED PERIOD DEFINED. - For purposes of this Act, the term ``covered period'' means the period beginning on March 1, 2020, and ending on December 21, 2020. - SEC. 3. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY SITUATIONS. - During the covered period, the Secretary of Veterans Affairs shall apply section 3485 of title 38, United States Code, as if it were amended by adding at the end the following new subsection: @@ -46,58 +39,49 @@ allowance pursuant to an agreement described in subsection (a)(3) as of the date on which an emergency situation occurs and who is unable to continue to perform qualifying work-study activities described in subsection (a)(4) by reason of the emergency situation-- - ``(A) the Secretary may continue to pay work-study - allowance under this section or make deductions described in - subsection (e)(1) during the period of such emergency - situation, notwithstanding the inability of the individual to - perform such work-study activities by reason of such emergency - situation; and - ``(B) at the option of the individual, the Secretary shall - extend the agreement described in subsection (a)(3) with the - individual for any subsequent period of enrollment initiated - during the emergency situation, notwithstanding the inability - of the individual to perform work-study activities described in - subsection (a)(4) by reason of such emergency situation. + ``(A) the Secretary may continue to pay work-study allowance + under this section or make deductions described in subsection + (e)(1) during the period of such emergency situation, + notwithstanding the inability of the individual to perform such + work-study activities by reason of such emergency situation; and + ``(B) at the option of the individual, the Secretary shall + extend the agreement described in subsection (a)(3) with the + individual for any subsequent period of enrollment initiated during + the emergency situation, notwithstanding the inability of the + individual to perform work-study activities described in subsection + (a)(4) by reason of such emergency situation. ``(2) The amount of work-study allowance payable to an individual under paragraph (1)(A) during the period of an emergency situation shall be an amount determined by the Secretary but may not exceed the amount that would be payable under subsection (a)(2) if the individual worked 25 hours per week paid during such period.''. - SEC. 4. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL - INSTITUTIONS CLOSED FOR EMERGENCY SITUATIONS. - +INSTITUTIONS CLOSED FOR EMERGENCY SITUATIONS. (a) In General.--During the covered period, the Secretary may pay allowances to an eligible veteran or eligible person under section 3680(a)(2)(A) of title 38, United States Code, if the veteran or person is enrolled in a program or course of education that-- - (1) is provided by an educational institution that is - closed by reason of an emergency situation; or - (2) is suspended by reason of an emergency situation. + (1) is provided by an educational institution that is closed by + reason of an emergency situation; or + (2) is suspended by reason of an emergency situation. (b) Amount of Allowance.--The total number of weeks for which allowances may be paid under this section may not exceed four weeks. (c) Not Counted for Purposes of Limitation.--Any amount paid under this section shall not be counted for purposes of the limitation on allowanced under section 3680(a)(2)(A) of title 38, United States Code. - SEC. 5. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS UNABLE TO - PURSUE A PROGRAM OF EDUCATION DUE TO AN EMERGENCY - SITUATION. - +PURSUE A PROGRAM OF EDUCATION DUE TO AN EMERGENCY SITUATION. During the covered period, the Secretary of Veterans Affairs shall apply section 3699(b)(1) of title 38, United States Code, as if it were amended-- - (1) in subparagraph (A), by striking ``or'' at the end; - (2) in subparagraph (B)(ii), by striking ``and'' at the end - and inserting ``or'' ; and - (3) by adding at the end the following new subparagraph: - ``(C) the temporary closure of an educational - institution or the temporary closure or termination of - a course or program of education by reason of an - emergency situation; and''. - + (1) in subparagraph (A), by striking ``or'' at the end; + (2) in subparagraph (B)(ii), by striking ``and'' at the end and + inserting ``or'' ; and + (3) by adding at the end the following new subparagraph: + ``(C) the temporary closure of an educational institution + or the temporary closure or termination of a course or program + of education by reason of an emergency situation; and''. SEC. 6. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT. - (a) Montgomery GI Bill.--During the covered period, the Secretary of Veterans Affairs shall apply section 3031 of title 38, United States Code, as if it were amended by adding at the end the following new @@ -110,71 +94,65 @@ applicable under this section because the educational institution closed (temporarily or permanently) under an established policy based on an Executive order of the President or due to an emergency situation, such 10-year period-- - ``(1) shall not run during the period the individual is so - prevented from pursuing such program; and - ``(2) shall again begin running on the first day after the - individual is able to resume pursuit of a program of education - with educational assistance under this chapter.''. + ``(1) shall not run during the period the individual is so + prevented from pursuing such program; and + ``(2) shall again begin running on the first day after the + individual is able to resume pursuit of a program of education with + educational assistance under this chapter.''. (b) Post-9/11 Educational Assistance.-- - (1) In general.--During the covered period, the Secretary - of Veterans Affairs shall apply section 3321(b)(1) of such - title as if it were amended-- - (A) by inserting ``(A)'' before ``Subsections''; - (B) by striking ``and (d)'' and inserting ``(d), - and (i)''; and by adding at the end the following new - subparagraph: - ``(B) Subsection (i) of section 3031 (as described in - section 6 of the Student Veteran Coronavirus Response Act of - 2020) shall apply with respect to the running of the 15-year - period described in paragraphs (4)(A) and (5)(A) of this - subsection in the same manner as such subsection applies under - section 3031 with respect to the running of the 10-year period - described in section 3031(a).''. - (2) Transfer period.--During the covered period, the - Secretary of Veterans Affairs shall apply section 3319(h)(5) of - such title as if it were amended-- - (A) in subparagraph (A) by inserting ``or (C)'' - after ``subparagraph (B)''; and - (B) by adding at the end the following new - subparagraph: - ``(C) Emergency situations.--In any case in which - the Secretary determines that an individual to whom - entitlement is transferred under this section has been - prevented from pursuing the individual's chosen program - of education before the individual attains the age of - 26 years because the educational institution closed - (temporarily or permanently) under an established - policy based on an Executive order of the President or - due to an emergency situation, the Secretary shall - extend the period during which the individual may use - such entitlement for a period equal to the number of - months that the individual was so prevented from - pursuing the program of education, as determined by the - Secretary.''. + (1) In general.--During the covered period, the Secretary of + Veterans Affairs shall apply section 3321(b)(1) of such title as if + it were amended-- + (A) by inserting ``(A)'' before ``Subsections''; + (B) by striking ``and (d)'' and inserting ``(d), and (i)''; + and by adding at the end the following new subparagraph: + ``(B) Subsection (i) of section 3031 (as described in section 6 + of the Student Veteran Coronavirus Response Act of 2020) shall + apply with respect to the running of the 15-year period described + in paragraphs (4)(A) and (5)(A) of this subsection in the same + manner as such subsection applies under section 3031 with respect + to the running of the 10-year period described in section + 3031(a).''. + (2) Transfer period.--During the covered period, the Secretary + of Veterans Affairs shall apply section 3319(h)(5) of such title as + if it were amended-- + (A) in subparagraph (A) by inserting ``or (C)'' after + ``subparagraph (B)''; and + (B) by adding at the end the following new subparagraph: + ``(C) Emergency situations.--In any case in which the + Secretary determines that an individual to whom entitlement is + transferred under this section has been prevented from pursuing + the individual's chosen program of education before the + individual attains the age of 26 years because the educational + institution closed (temporarily or permanently) under an + established policy based on an Executive order of the President + or due to an emergency situation, the Secretary shall extend + the period during which the individual may use such entitlement + for a period equal to the number of months that the individual + was so prevented from pursuing the program of education, as + determined by the Secretary.''. (c) Vocational Rehabilitation and Training.-- - (1) Period for use.--During the covered period, the - Secretary of Veterans affairs shall apply section 3103 of such - title as if it were amended-- - (A) in subsection (a), by striking ``or (e)'' and - inserting ``(e), or (g)''; and - (B) by adding at the end the following new - subsection: + (1) Period for use.--During the covered period, the Secretary + of Veterans affairs shall apply section 3103 of such title as if it + were amended-- + (A) in subsection (a), by striking ``or (e)'' and inserting + ``(e), or (g)''; and + (B) by adding at the end the following new subsection: ``(g) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the twelve-year period of eligibility prescribed in subsection (a) by reason of an Executive order of the President or due to an emergency situation, such twelve-year period-- - ``(1) shall not run during the period the individual is so - prevented from participating such program; and - ``(2) shall again begin running on the first day after the - individual is able to resume participation in such program.''. - (2) Duration of program.--During the covered period, the - Secretary of Veterans Affairs shall apply section 3105(b) of - such title as if it were amended-- - (A) in paragraph (1), by striking ``paragraph (2)'' - and inserting ``paragraphs (2) and (3)''; and - (B) by adding at the end the following new - paragraph: + ``(1) shall not run during the period the individual is so + prevented from participating such program; and + ``(2) shall again begin running on the first day after the + individual is able to resume participation in such program.''. + (2) Duration of program.--During the covered period, the + Secretary of Veterans Affairs shall apply section 3105(b) of such + title as if it were amended-- + (A) in paragraph (1), by striking ``paragraph (2)'' and + inserting ``paragraphs (2) and (3)''; and + (B) by adding at the end the following new paragraph: ``(3)(A) In any case in which the Secretary determines that a veteran has been prevented from participating in counseling and placement and postplacement services described in section 3104(a)(2) @@ -204,10 +182,8 @@ Secretary concerned shall extend the period of entitlement prescribed in subsection (a) for a period equal to the number of months that the person was so prevented from using such entitlement, as determined by the Secretary.''. - SEC. 7. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS FOR - VETERANS AFFECTED BY SCHOOL CLOSURE OR DISAPPROVAL. - +VETERANS AFFECTED BY SCHOOL CLOSURE OR DISAPPROVAL. (a) Entitlement.--During the covered period, the Secretary of Veterans Affairs shall apply section 3699 of title 38, United States Code, as if it were amended by striking ``chapter 30,'' each time it @@ -215,13 +191,11 @@ appears and inserting ``chapter 30, 31,''. (b) Payment of Subsistence Allowances.--During the covered period, the Secretary of Veterans Affairs shall apply section 3680(a)(2)(B) of title 38, United States Code, as if it were amended-- - (1) by inserting ``or a subsistence allowance described in - section 3108'' before ``, during''; and - (2) by inserting ``or allowance'' after ``such a stipend''. - + (1) by inserting ``or a subsistence allowance described in + section 3108'' before ``, during''; and + (2) by inserting ``or allowance'' after ``such a stipend''. SEC. 8. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION SUBSISTENCE - ALLOWANCES. - +ALLOWANCES. In the case of any veteran whom the Secretary of Veterans Affairs determines is satisfactorily following a program of employment services provided under section 3104(a)(5) of title 38, United States Code, @@ -229,29 +203,16 @@ during the covered period, the Secretary may pay the veteran a subsistence allowance, as prescribed in section 3108 of such title for full-time training for the type of program that the veteran was pursuing, for two additional months. - SEC. 9. EMERGENCY DESIGNATIONS. - (a) In General.--This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (b) Designation in Senate.--In the Senate, this Act is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. -71 (115th Congress), - - - - - the concurrent resolution on the budget for fiscal year 2018. - - Passed the House of Representatives March 31, 2020. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. +71 (115th Congress), the concurrent resolution on the budget for fiscal +year 2018. - By Gloria J. Lett, + Speaker of the House of Representatives. - Deputy Clerk. + Vice President of the United States and + President of the Senate. From b618ce0ee2cfa63aac13f7e663c6e2409e6a2808 Mon Sep 17 00:00:00 2001 From: "Rep. Smith, Adam [D-WA-9]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 584/984] House-6395: Introduced to House --- bills_text/House-6395.txt | 1072 +++++++++++++++++++++++++++++++++++++ 1 file changed, 1072 insertions(+) create mode 100644 bills_text/House-6395.txt diff --git a/bills_text/House-6395.txt b/bills_text/House-6395.txt new file mode 100644 index 0000000..ed7dd62 --- /dev/null +++ b/bills_text/House-6395.txt @@ -0,0 +1,1072 @@ +116th CONGRESS + 2d Session + H. R. 6395 + + To authorize appropriations for fiscal year 2021 for military +activities of the Department of Defense and for military construction, +to prescribe military personnel strengths for such fiscal year, and for + other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 26, 2020 + + Mr. Smith of Washington (for himself and Mr. Thornberry) (both by + request) introduced the following bill; which was referred to the + Committee on Armed Services + +_______________________________________________________________________ + + A BILL + + + + To authorize appropriations for fiscal year 2021 for military +activities of the Department of Defense and for military construction, +to prescribe military personnel strengths for such fiscal year, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Defense Authorization Act +for Fiscal Year 2021''. + +SEC. 2. TABLE OF CONTENTS. + + The table of contents for this Act is as follows: + +Sec. 1. Short title. +Sec. 2. Table of contents. + DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS + + TITLE I--PROCUREMENT + + Subtitle A--Authorization of Appropriations + +Sec. 101. Army. +Sec. 102. Navy and Marine Corps. +Sec. 103. Air Force and Space Force. + TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + +Sec. 201. Authorization of appropriations. + TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS + + Subtitle A--Active Forces + +Sec. 401. End strengths for active forces. + Subtitle B--Reserve Forces + +Sec. 411. End strengths for selected reserve. +Sec. 412. End strengths for reserves on active duty in support of the + reserves. +Sec. 413. End strengths for military technicians (dual status). +Sec. 414. Maximum number of reserve personnel authorized to be on + active duty for operational support. + Subtitle C--Authorization of Appropriations + +Sec. 421. Military personnel. + TITLE XIV--OTHER AUTHORIZATIONS + + Subtitle A--Military Programs + +Sec. 1401. Working capital funds. +Sec. 1402. Chemical agents and munitions destruction, defense. +Sec. 1403. Drug interdiction and counter-drug activities, defense. +Sec. 1404. Defense Inspector General. +Sec. 1405. Defense Health Program. + Subtitle B--Other Matters + +Sec. 1412. Authorization of appropriations for Armed Forces Retirement + Home. + TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS + CONTINGENCY OPERATIONS + +Sec. 1501. Purpose. +Sec. 1502. Army procurement. +Sec. 1503. Navy and Marine Corps procurement. +Sec. 1504. Air Force procurement. +Sec. 1505. Defense-wide activities procurement. +Sec. 1506. Research, development, test, and evaluation. +Sec. 1507. Operation and maintenance. +Sec. 1508. Military personnel. +Sec. 1509. Working capital funds. +Sec. 1510. Defense Health Program. +Sec. 1511. Defense Inspector General. + TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + + DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS + +Sec. 2001. Short title. +Sec. 2002. Expiration of authorizations and amounts required to be + specified by law. +Sec. 2003. Effective date. + TITLE XXI--ARMY MILITARY CONSTRUCTION + +Sec. 2101. Authorized Army construction and land acquisition projects. +Sec. 2102. Family housing. +Sec. 2103. Authorization of appropriations, Army. + TITLE XXII--NAVY MILITARY CONSTRUCTION + +Sec. 2201. Authorized Navy construction and land acquisition projects. +Sec. 2202. Family housing. +Sec. 2203. Improvements to military family housing units. +Sec. 2204. Authorization of appropriations, Navy. + TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION + +Sec. 2301. Authorized Air Force construction and land acquisition + projects. +Sec. 2302. Family housing. +Sec. 2303. Improvements to military family housing units. +Sec. 2304. Authorization of appropriations, Air Force. + TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION + +Sec. 2401. Authorized defense agencies construction and land + acquisition projects. +Sec. 2402. Authorized energy conservation projects. +Sec. 2403. Authorization of appropriations, defense agencies. + TITLE XXV--INTERNATIONAL PROGRAMS + + Subtitle A--North Atlantic Treaty Organization Security Investment + Program + +Sec. 2501. Authorized NATO construction and land acquisition projects. +Sec. 2502. Authorization of appropriations, NATO. + Subtitle B--Host Country In-Kind Contributions + +Sec. 2511. Republic of Korea funded construction projects. + TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES + +Sec. 2601. Authorized Army National Guard construction and land + acquisition projects. +Sec. 2602. Authorized Army Reserve construction and land acquisition + projects. +Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve + construction and land acquisition projects. +Sec. 2604. Authorized Air National Guard construction and land + acquisition projects. +Sec. 2605. Authorized Air Force Reserve construction and land + acquisition projects. +Sec. 2606. Authorization of appropriations, National Guard and Reserve. + TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES + +Sec. 2701. Authorization of appropriations for base realignment and + closure activities funded through + Department of Defense base closure account. + TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION + +Sec. 2901. Authorized Navy construction and land acquisition projects. +Sec. 2902. Authorized Air Force construction and land acquisition + projects. +Sec. 2903. Authorization of appropriations. + + DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS + + TITLE I--PROCUREMENT + + Subtitle A--Authorization of Appropriations + +SEC. 101. ARMY. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for procurement for the Army as follows: + (1) For aircraft, $3,074,594,000. + (2) For missiles, $3,491,507,000. + (3) For ammunition, $2,777,716,000. + (4) For weapons and tracked combat vehicles, + $3,696,740,000. + (5) For other procurement, $8,625,206,000. + +SEC. 102. NAVY AND MARINE CORPS. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for procurement for the Navy and Marine Corps as follows: + (1) For aircraft, $17,127,378,000. + (2) For shipbuilding and conversion, $19,902,757,000. + (3) For ammunition procurement, Navy and Marine Corps, + $883,602,000. + (4) For weapons, $4,884,995,000. + (5) For other procurement, $10,948,518,000. + (6) For procurement, Marine Corps, $2,903,976,000. + +SEC. 103. AIR FORCE AND SPACE FORCE. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for procurement for the Air Force and Space Force as follows: + (1) For aircraft, $17,908,145,000. + (2) For missiles, $2,396,417,000. + (3) For ammunition, $596,338,000. + (4) For other procurement, $23,695,720,000. + + TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + +SEC. 201. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Department of Defense for research, development, +test, and evaluation as follows: + (1) For the Army, $12,587,343,000. + (2) For the Navy, $21,427,048,000. + (3) For the Air Force, $37,391,826,000. + (4) For the Space Force, $10,327,595,000. + (5) For Defense-wide activities, $24,280,891,000. + (6) For the Director of Operational Test and Evaluation, + $210,090,000. + + TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS + + Subtitle A--Active Forces + +SEC. 401. END STRENGTHS FOR ACTIVE FORCES. + + The Armed Forces are authorized strengths for active duty personnel +as of September 30, 2021, as follows: + (1) The Army, 485,900. + (2) The Navy, 347,800. + (3) The Marine Corps, 184,100. + (4) The Air Force, 327,266. + (5) The Space Force, 6,434. + + Subtitle B--Reserve Forces + +SEC. 411. END STRENGTHS FOR SELECTED RESERVE. + + (a) In General.--The Armed Forces are authorized strengths for +Selected Reserve personnel of the reserve components as of September +30, 2021, as follows: + (1) The Army National Guard of the United States, 336,500. + (2) The Army Reserve, 189,800. + (3) The Navy Reserve, 58,800. + (4) The Marine Corps Reserve, 38,500. + (5) The Air National Guard of the United States, 108,100. + (6) The Air Force Reserve, 70,300. + (7) The Coast Guard Reserve, 7,000. + (b) End Strength Reductions.--The end strengths prescribed by +subsection (a) for the Selected Reserve of any reserve component shall +be proportionately reduced by-- + (1) the total authorized strength of units organized to + serve as units of the Selected Reserve of such component which + are on active duty (other than for training) at the end of the + fiscal year; and + (2) the total number of individual members not in units + organized to serve as units of the Selected Reserve of such + component who are on active duty (other than for training or + for unsatisfactory participation in training) without their + consent at the end of the fiscal year. + (c) End Strength Increases.--Whenever units or individual members +of the Selected Reserve for any reserve component are released from +active duty during any fiscal year, the end strength prescribed for +such fiscal year for the Selected Reserve of such reserve component +shall be increased proportionately by the total authorized strengths of +such units and by the total number of such individual members. + +SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE + RESERVES. + + Within the end strengths prescribed in section 411(a), the reserve +components of the Armed Forces are authorized, as of September 30, +2021, the following number of Reserves to be serving on full-time +active duty or full-time duty, in the case of members of the National +Guard, for the purpose of organizing, administering, recruiting, +instructing, or training the reserve components: + (1) The Army National Guard of the United States, 30,595. + (2) The Army Reserve, 16,511. + (3) The Navy Reserve, 10,215. + (4) The Marine Corps Reserve, 2,386. + (5) The Air National Guard of the United States, 25,333. + (6) The Air Force Reserve, 5,256. + +SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). + + The minimum number of military technicians (dual status) as of the +last day of fiscal year 2021 for the reserve components of the Army and +the Air Force (notwithstanding section 129 of title 10, United States +Code) shall be the following: + (1) For the Army National Guard of the United States, + 22,294. + (2) For the Army Reserve, 6,492. + (3) For the Air National Guard of the United States, + 10,994. + (4) For the Air Force Reserve, 7,947. + +SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON + ACTIVE DUTY FOR OPERATIONAL SUPPORT. + + During fiscal year 2021, the maximum number of members of the +reserve components of the Armed Forces who may be serving at any time +on full-time operational support duty under section 115(b) of title 10, +United States Code, is the following: + (1) The Army National Guard of the United States, 17,000. + (2) The Army Reserve, 13,000. + (3) The Navy Reserve, 6,200. + (4) The Marine Corps Reserve, 3,000. + (5) The Air National Guard of the United States, 16,000. + (6) The Air Force Reserve, 14,000. + + Subtitle C--Authorization of Appropriations + +SEC. 421. MILITARY PERSONNEL. + + There is hereby authorized to be appropriated for military +personnel for fiscal year 2021 a total of $150,524,104,000. + + TITLE XIV--OTHER AUTHORIZATIONS + + Subtitle A--Military Programs + +SEC. 1401. WORKING CAPITAL FUNDS. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for providing capital for working capital and +revolving funds in the amount of $1,348,910,000. + +SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for the Department of Defense for fiscal year 2021 +for expenses, not otherwise provided for, for Chemical Agents and +Munitions Destruction, Defense, in the amount of $889,500,000 of +which-- + (1) $106,691,000 is for Operation and Maintenance; + (2) $782,193,000 is for Research, Development, Test, and + Evaluation; and + (3) $616,000 is for Procurement. + (b) Use.--Amounts authorized to be appropriated under subsection +(a) are authorized for-- + (1) the destruction of lethal chemical agents and munitions + in accordance with section 1412 of the Department of Defense + Authorization Act, 1986 (50 U.S.C. 1521); and + (2) the destruction of chemical warfare materiel of the + United States that is not covered by section 1412 of such Act. + +SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for Drug Interdiction and Counter-Drug Activities, Defense, in the +amount of $769,629,000. + +SEC. 1404. DEFENSE INSPECTOR GENERAL. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for the Office of the Inspector General of the Department of +Defense, in the amount of $371,439,000 of which-- + (1) $369,483,000 is for Operation and Maintenance; + (2) $1,098,000 is for Research, Development, Test and + Evaluation; and + (3) $858,000 is for Procurement. + +SEC. 1405. DEFENSE HEALTH PROGRAM. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for the Defense Health Program, in the amount of $32,690,372,000 +of which-- + (1) $31,349,553,000 is for Operation and Maintenance; + (2) $562,465,000 is for Research, Development, Test, and + Evaluation; + (3) $617,926,000 is for Procurement; and + (4) $160,428,000 is for Software and Digital Technology + Pilot Programs. + + Subtitle B--Other Matters + +SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT + HOME. + + There is hereby authorized to be appropriated for fiscal year 2021 +from the Armed Forces Retirement Home Trust Fund the sum of $70,300,000 +for the operation of the Armed Forces Retirement Home. + + TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS + CONTINGENCY OPERATIONS + +SEC. 1501. PURPOSE. + + The purpose of this title is to authorize appropriations for the +Department of Defense for fiscal year 2021 to provide additional funds +for overseas contingency operations being carried out by the Armed +Forces. + +SEC. 1502. ARMY PROCUREMENT. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for procurement for the Army in amounts as follows: + (1) For aircraft procurement, $461,080,000. + (2) For missile procurement, $881,592,000. + (3) For weapons and tracked combat vehicles, $15,225,000. + (4) For ammunition procurement, $110,668,000. + (5) For other procurement, $924,077,000. + +SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for procurement for the Navy and Marine Corps in amounts as follows: + (1) For aircraft procurement, Navy, $33,241,000. + (2) For weapons procurement, Navy, $5,572,000. + (3) For ammunition procurement, Navy and Marine Corps, + $95,942,000. + (4) For other procurement, Navy, $343,526,000. + (5) For procurement, Marine Corps, $47,963,000. + +SEC. 1504. AIR FORCE PROCUREMENT. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for procurement for the Air Force in amounts as follows: + (1) For aircraft procurement, $569,155,000. + (2) For missile procurement, $223,772,000. + (3) For ammunition procurement, $802,455,000. + (4) For other procurement, $355,339,000. + +SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the procurement account for Defense-wide activities in the amount +of $258,491,000. + +SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Department of Defense for research, development, +test, and evaluation as follows: + (1) For the Army, $182,824,000. + (2) For the Navy, $59,562,000. + (3) For the Air Force, $5,304,000. + (4) For Defense-wide activities, $82,818,000. + +SEC. 1507. OPERATION AND MAINTENANCE. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Armed Forces for expenses, not otherwise provided +for, for operation and maintenance, in amounts as follows: + (1) For the Army, $17,137,754,000. + (2) For the Navy, $10,700,305,000. + (3) For the Marine Corps, $1,102,600,000. + (4) For the Air Force, $17,930,020,000. + (5) For the Space Force, $77,115,000. + (6) For Defense-wide activities, $6,022,254,000. + (7) For the Army Reserve, $33,399,000. + (8) For the Navy Reserve, $21,492,000. + (9) For the Marine Corps Reserve, $8,707,000. + (10) For the Air Force Reserve, $30,090,000. + (11) For the Army National Guard, $79,792,000. + (12) For the Air National Guard, $175,642,000. + (13) For the Afghanistan Security Forces Fund, + $4,015,612,000. + (14) Counter-Islamic State of Iraq and Syria Train and + Equip Fund, $845,000,000. + +SEC. 1508. MILITARY PERSONNEL. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +to the Department of Defense for military personnel accounts in the +total amount of $4,602,593,000. + +SEC. 1509. WORKING CAPITAL FUNDS. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for providing capital for working capital and +revolving funds in the amount of $20,090,000. + +SEC. 1510. DEFENSE HEALTH PROGRAM. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for the Defense Health Program in the amount of $365,098,000 for +operation and maintenance. + +SEC. 1511. DEFENSE INSPECTOR GENERAL. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for the Office of the Inspector General of the Department of +Defense in the amount of $24,069,000. + + TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + + DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS + +SEC. 2001. SHORT TITLE. + + This division may be cited as the ``Military Construction +Authorization Act for Fiscal Year 2021''. + +SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE + SPECIFIED BY LAW. + + (a) Expiration of Authorizations After Five Years.--Except as +provided in subsection (b), all authorizations contained in titles XXI +through XXVII for military construction projects, land acquisition, +family housing projects and facilities, and contributions to the North +Atlantic Treaty Organization Security Investment Program (and +authorizations of appropriations therefor) shall expire on the later +of-- + (1) October 1, 2025; or + (2) the date of the enactment of an Act authorizing funds + for military construction for fiscal year 2026. + (b) Exception.--Subsection (a) shall not apply to authorizations +for military construction projects, land acquisition, family housing +projects and facilities, and contributions to the North Atlantic Treaty +Organization Security Investment Program (and authorizations of +appropriations therefor), for which appropriated funds have been +obligated before the later of-- + (1) October 1, 2025; or + (2) the date of the enactment of an Act authorizing funds + for fiscal year 2026 for military construction projects, land + acquisition, family housing projects and facilities, or + contributions to the North Atlantic Treaty Organization + Security Investment Program. + +SEC. 2003. EFFECTIVE DATE. + + Titles XXI through XXVII and title XXIX shall take effect on the +later of-- + (1) October 1, 2020; or + (2) the date of the enactment of this Act. + + TITLE XXI--ARMY MILITARY CONSTRUCTION + +SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2103(a) and available for military +construction projects inside the United States as specified in the +funding table in section 3002, the Secretary of the Army may acquire +real property and carry out military construction projects for the +installations or locations inside the United States, and in the +amounts, set forth in the following table: + + Army: Inside the United States +------------------------------------------------------------------------ + State Installation Amount +------------------------------------------------------------------------ +Arizona....................... Yuma Proving Ground... $14,000,000 +Colorado...................... Fort Carson........... $28,000,000 +Georgia....................... Fort Gillem........... $71,000,000 + Fort Gordon........... $80,000,000 +Hawaii........................ Wheeler Army Air Field $89,000,000 +Louisiana..................... Fort Polk............. $25,000,000 +Oklahoma...................... McAlester AAP......... $35,000,000 +Virginia...................... Humphreys Engineer $51,000,000 + Center............... +------------------------------------------------------------------------ + +SEC. 2102. FAMILY HOUSING. + + (a) Construction and Acquisition.--Using amounts appropriated +pursuant to the authorization of appropriations in section 2103(a) and +available for military family housing functions as specified in the +funding table in section 3002, the Secretary of the Army may construct +or acquire family housing units (including land acquisition and +supporting facilities) at the installations or locations, in the number +of units, and in the amounts set forth in the following table: + + Army: Family Housing +---------------------------------------------------------------------------------------------------------------- + Country Installation Units Amount +---------------------------------------------------------------------------------------------------------------- +Italy................................... Vicenza.................. Family Housing New $84,100,000 + Construction............. +Kwajalein............................... Kwajalein Atoll........... Family Housing Replacement $32,000,000 + Construction............. +---------------------------------------------------------------------------------------------------------------- + + (b) Planning and Design.--Using amounts appropriated pursuant to +the authorization of appropriations in section 2103(a) and available +for military family housing functions as specified in the funding table +in section 3002, the Secretary of the Army may carry out architectural +and engineering services and construction design activities with +respect to the construction or improvement of family housing units in +an amount not to exceed $3,300,000. + +SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2020, +for military construction, land acquisition, and military family +housing functions of the Department of the Army as specified in the +funding table in section 3002. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2101 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 3002. + + TITLE XXII--NAVY MILITARY CONSTRUCTION + +SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2204(a) and available +for military construction projects inside the United States as +specified in the funding table in section 3002, the Secretary of the +Navy may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Navy: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +California.................................... Camp Pendleton.................................. $68,530,000 + Lemoore......................................... $187,220,000 + San Diego....................................... $128,500,000 + Twentynine Palms................................ $76,500,000 +Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $114,900,000 +Maine......................................... Kittery......................................... $715,000,000 +Nevada........................................ Fallon.......................................... $29,040,000 +Virginia...................................... Norfolk......................................... $30,400,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2204(a) and available +for military construction projects outside the United States as +specified in the funding table in section 3002, the Secretary of the +Navy may acquire real property and carry out military construction +projects for the installation or location outside the United States, +and in the amounts, set forth in the following table: + + Navy: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- + Bahrain Island............................... SW Asia......................................... $68,340,000 +Greece........................................ Souda Bay....................................... $50,180,000 +Guam.......................................... Andersen Air Force Base......................... $21,280,000 + Joint Region Marianas........................... $546,550,000 +Spain......................................... Rota............................................ $60,110,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2202. FAMILY HOUSING. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2204(a) and available for military family +housing functions as specified in the funding table in section 3002, +the Secretary of the Navy may carry out architectural and engineering +services and construction design activities with respect to the +construction or improvement of family housing units in an amount not to +exceed $5,854,000. + +SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. + + Subject to section 2825 of title 10, United States Code, and using +amounts appropriated pursuant to the authorization of appropriations in +section 2204(a) and available for military family housing functions as +specified in the funding table in section 3002, the Secretary of the +Navy may improve existing military family housing units in an amount +not to exceed $37,043,000. + +SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2020, +for military construction, land acquisition, and military family +housing functions of the Department of the Navy, as specified in the +funding table in section 3002. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2201 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 3002. + + TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION + +SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION + PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2304(a) and available +for military construction projects inside the United States as +specified in the funding table in section 3002, the Secretary of the +Air Force may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Air Force: Inside the United States +------------------------------------------------------------------------ + Installation or + State Location Amount +------------------------------------------------------------------------ +New Jersey................... Joint Base McGuire-Dix- $22,000,000 + Lakehurst. +Texas........................ Joint Base San $19,500,000 + Antonio. +Virginia..................... Joint Base Langley- $19,500,000 + Eustis. +------------------------------------------------------------------------ + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2304(a) and available +for military construction projects outside the United States as +specified in the funding table in section 3002, the Secretary of the +Air Force may acquire real property and carry out military construction +projects for the installation or location outside the United States, +and in the amount, set forth in the following table: + + Air Force: Outside the United States +------------------------------------------------------------------------ + Installation or + Country Location Amount +------------------------------------------------------------------------ +Guam.......................... Andersen Air Force $56,000,000 + Base. +Qatar......................... Al Udeid............. $26,000,000 +------------------------------------------------------------------------ + +SEC. 2302. FAMILY HOUSING. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2304(a) and available for military family +housing functions as specified in the funding table in section 3002, +the Secretary of the Air Force may carry out architectural and +engineering services and construction design activities with respect to +the construction or improvement of family housing units in an amount +not to exceed $2,969,000. + +SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. + + Subject to section 2825 of title 10, United States Code, and using +amounts appropriated pursuant to the authorization of appropriations in +section 2304(a) and available for military family housing functions as +specified in the funding table in section 3002, the Secretary of the +Air Force may improve existing military family housing units in an +amount not to exceed $94,245,000. + +SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2020, +for military construction, land acquisition, and military family +housing functions of the Department of the Air Force, as specified in +the funding table in section 3002. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2301 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 3002. + + TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION + +SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for military construction projects inside the United States as +specified in the funding table in section 3002, the Secretary of +Defense may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Defense Agencies: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Alabama......................................... Anniston Army Depot........................ $18,000,000 +Alaska.......................................... Fort Greely................................ $48,000,000 +Arizona......................................... Fort Huachuca.............................. $33,728,000 + Yuma....................................... $49,500,000 +California...................................... Beale Air Force Base....................... $22,800,000 +Colorado........................................ Fort Carson................................ $15,600,000 +CONUS Unspecified............................... CONUS Unspecified.......................... $14,400,000 +Florida......................................... Hurlburt Field............................. $83,120,000 +Kentucky........................................ Fort Knox.................................. $69,310,000 + New Mexico..................................... Kirtland Air Force Base.................... $46,600,000 + North Carolina................................. Fort Bragg................................. $113,800,000 +Ohio............................................ Wright-Patterson Air Force Base............ $23,500,000 +Texas........................................... Fort Hood.................................. $32,700,000 +Virginia........................................ Joint Expeditionary Base Little Creek-Fort $112,500,000 + Story..................................... +Washington...................................... Joint Base Lewis-McChord................... $21,800,000 + Manchester................................. $82,000,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for military construction projects outside the United States as +specified in the funding table in section 3002, the Secretary of +Defense may acquire real property and carry out military construction +projects for the installations or locations outside the United States, +and in the amounts, set forth in the following table: + + Defense Agencies: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Japan........................................... Def Fuel Support Point Tsurumi............ $49,500,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2403(a) and available for energy conservation +projects as specified in the funding table in section 3002, the +Secretary of Defense may carry out energy conservation projects under +chapter 173 of title 10, United States Code, in the amount set forth in +the table. + +SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2020, +for military construction, land acquisition, and military family +housing functions of the Department of Defense (other than the military +departments), as specified in the funding table in section 3002. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2401 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 3002. + + TITLE XXV--INTERNATIONAL PROGRAMS + + Subtitle A--North Atlantic Treaty Organization Security Investment + Program + +SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + The Secretary of Defense may make contributions for the North +Atlantic Treaty Organization Security Investment Program as provided in +section 2806 of title 10, United States Code, in an amount not to +exceed the sum of the amount authorized to be appropriated for this +purpose in section 2502 and the amount collected from the North +Atlantic Treaty Organization as a result of construction previously +financed by the United States. + +SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. + + (a) Authorization.--Funds are hereby authorized to be appropriated +for fiscal years beginning after September 30, 2020, for contributions +by the Secretary of Defense under section 2806 of title 10, United +States Code, for the share of the United States of the cost of projects +for the North Atlantic Treaty Organization Security Investment Program +authorized by section 2501 as specified in the funding table in section +3002. + (b) Authority To Recognize NATO Authorization Amounts as Budgetary +Resources for Project Execution.--When the United States is designated +as the Host Nation for the purposes of executing a project under the +NATO Security Investment Program (NSIP), the Department of Defense +construction agent may recognize the NATO project authorization amounts +as budgetary resources to incur obligations for the purposes of +executing the NSIP project. + + Subtitle B--Host Country In-Kind Contributions + +SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. + + Pursuant to agreement with the Republic of Korea for required in- +kind contributions, the Secretary of Defense may accept military +construction projects for the installations or locations in the +Republic of Korea, and in the amounts, set forth in the following +table: + + Republic of Korea Funded Construction Projects +---------------------------------------------------------------------------------------------------------------- + Component Installation or Location Project Amount +---------------------------------------------------------------------------------------------------------------- +Army.................................... Camp Carroll............. Site Development.......... $49,000,000 +Army.................................... Camp Humphreys............ Attack Reconnaissance $99,000,000 + Battalion Hangar......... +Army.................................... Camp Humphreys............ Hot Refuel Point.......... $35,000,000 +Navy.................................... COMROKFLT Naval Base, Maritime Operations Center $26,000,000 + Busan. +Air Force............................... Daegu Air Base............ AGE Facility and Parking $14,000,000 + Apron.................... +Air Force............................... Kunsan Air Base........... Backup Generator Plant.... $19,000,000 +Air Force............................... Osan Air Base............. Aircraft Corrosion Control $12,000,000 + Facility (Phase 3)....... +Air Force............................... Osan Air Base............. Child Development Center.. $20,000,000 +Air Force............................... Osan Air Base............. Relocate Munitions Storage $84,000,000 + Area Delta (Phase 1)..... +Defense-Wide............................ Camp Humphreys............ Elementary School......... $58,000,000 +---------------------------------------------------------------------------------------------------------------- + + TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES + +SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 3002, the +Secretary of the Army may acquire real property and carry out military +construction projects for the Army National Guard locations inside the +United States, and in the amounts, set forth in the following table: + + Army National Guard +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Arizona......................................... Tucson.................................... $18,100,000 +Colorado........................................ Peterson Air Force Base.................... $15,000,000 +Indiana......................................... Shelbyville................................ $12,000,000 +Kentucky........................................ Frankfort.................................. $15,000,000 +Mississippi..................................... Brandon.................................... $10,400,000 +Nebraska........................................ North Platte............................... $9,300,000 +New Jersey...................................... Joint Base McGuire-Dix-Lakehurst........... $15,000,000 +Ohio............................................ Columbus................................... $15,000,000 +Oregon.......................................... Hermiston.................................. $9,300,000 +South Carolina.................................. Joint Base Charleston...................... $15,000,000 +Tennessee....................................... McMinnville................................ $11,200,000 +Texas........................................... Fort Worth................................. $13,800,000 +Utah............................................ Nephi...................................... $12,000,000 +Wisconsin....................................... Appleton................................... $11,600,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION + PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 3002, the +Secretary of the Army may acquire real property and carry out military +construction projects for the Army Reserve locations inside the United +States, and in the amounts, set forth in the following table: + + Army Reserve +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Florida......................................... Gainesville................................ $36,000,000 +Massachusetts................................... Devens Reserve Forces Training Area....... $8,700,000 +North Carolina.................................. Asheville.................................. $24,000,000 +Wisconsin....................................... Fort McCoy................................. $14,600,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE + CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 3002, the +Secretary of the Navy may acquire real property and carry out military +construction projects for the Navy Reserve and Marine Corps Reserve +locations inside the United States, and in the amounts, set forth in +the following table: + + Navy Reserve and Marine Corps Reserve +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Maryland........................................ Reisterstown.............................. $39,500,000 +Utah............................................ Hill Air Force Base........................ $25,010,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 3002, the +Secretary of the Air Force may acquire real property and carry out +military construction projects for the Air National Guard locations +inside the United States, and in the amounts, set forth in the +following table: + + Air National Guard +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Alabama......................................... Montgomery Regional Airport (ANG) Base..... $11,600,000 +Guam............................................ Joint Region Marianas...................... $20,000,000 +Maryland........................................ Joint Base Andrews......................... $9,400,000 +Texas........................................... Joint Base San Antonio..................... $10,800,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 3002, the +Secretary of the Air Force may acquire real property and carry out +military construction projects for the Air Force Reserve locations +inside the United States, and in the amounts, set forth in the +following table: + + Air Force Reserve +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Texas........................................... Fort Worth................................. $14,200,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE. + + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2020, for the costs of acquisition, +architectural and engineering services, and construction of facilities +for the Guard and Reserve Forces, and for contributions therefor, under +chapter 1803 of title 10, United States Code (including the cost of +acquisition of land for those facilities), as specified in the funding +table in section 3002. + + TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES + +SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND + CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE + BASE CLOSURE ACCOUNT. + + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2020, for base realignment and closure +activities, including real property acquisition and military +construction projects, as authorized by the Defense Base Closure and +Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 +U.S.C. 2687 note) and funded through the Department of Defense Base +Closure Account established by section 2906 of such Act (as amended by +section 2711 of the Military Construction Authorization Act for Fiscal +Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as +specified in the funding table in section 3002. + + TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION + +SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + The Secretary of the Navy may acquire real property and carry out +the military construction projects for the installations outside the +United States, and in the amounts, set forth in the following table: + + Navy: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation Amount +---------------------------------------------------------------------------------------------------------------- +Spain........................................... Rota....................................... $59,230,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION + PROJECTS. + + The Secretary of the Air Force may acquire real property and carry +out the military construction projects for the installations outside +the United States, and in the amounts, set forth in the following +table: + + Air Force: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation Amount +---------------------------------------------------------------------------------------------------------------- +Germany......................................... Ramstein................................... $36,345,000 + Spangdahlem Air Base....................... $25,824,000 +Romania......................................... Campia Turzii.............................. $130,500,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2020, for the military construction +projects outside the United States authorized by this title as +specified in the funding table in section 3003. + \ No newline at end of file From 87afd056056ef388addb441f2ec49ca80673d878 Mon Sep 17 00:00:00 2001 From: "Rep. Smith, Adam [D-WA-9]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 585/984] House-6395: Engrossed in House --- bills_text/House-6395.txt | 83954 +++++++++++++++++++++++++++++++++++- 1 file changed, 83153 insertions(+), 801 deletions(-) diff --git a/bills_text/House-6395.txt b/bills_text/House-6395.txt index ed7dd62..d36e598 100644 --- a/bills_text/House-6395.txt +++ b/bills_text/House-6395.txt @@ -2,105 +2,1891 @@ 2d Session H. R. 6395 - To authorize appropriations for fiscal year 2021 for military -activities of the Department of Defense and for military construction, -to prescribe military personnel strengths for such fiscal year, and for - other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - March 26, 2020 - - Mr. Smith of Washington (for himself and Mr. Thornberry) (both by - request) introduced the following bill; which was referred to the - Committee on Armed Services - _______________________________________________________________________ - A BILL + AN ACT To authorize appropriations for fiscal year 2021 for military -activities of the Department of Defense and for military construction, -to prescribe military personnel strengths for such fiscal year, and for - other purposes. +activities of the Department of Defense, for military construction, and + for defense activities of the Department of Energy, to prescribe + military personnel strengths for such fiscal year, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``National Defense Authorization Act -for Fiscal Year 2021''. + (a) Short Title.--This Act may be cited as the ``William M. (Mac) +Thornberry National Defense Authorization Act for Fiscal Year 2021''. + (b) References.--Any reference in this or any other Act to the +``National Defense Authorization Act for Fiscal Year 2021'' shall be +deemed to refer to the ``William M. (Mac) Thornberry National Defense +Authorization Act for Fiscal Year 2021''. -SEC. 2. TABLE OF CONTENTS. +SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. - The table of contents for this Act is as follows: + (a) Divisions.--This Act is organized into 16 divisions as follows: + (1) Division A--Department of Defense Authorizations. + (2) Division B--Military Construction Authorizations. + (3) Division C--Department of Energy National Security + Authorizations and Other Authorizations. + (4) Division D--Funding Tables. + (5) Division E--National Artificial Intelligence Initiative + Act of 2020. + (6) Division F--Corporate Transparency Act of 2019. + (7) Division G--COUNTER Act of 2019. + (8) Division H--Elijah E. Cummings Coast Guard + Authorization Act of 2020. + (9) Division I--Department of State Authorities and + Activities. + (10) Division J--Combating Russian Money Laundering. + (11) Division K--Kleptocracy Asset Recovery Rewards Act. + (12) Division L--Stopping Trafficking, Illicit Flows, + Laundering, and Exploitation. + (13) Division M--Improving Corporate Governance Through + Diversity. + (14) Division N--Banking Transparency for Sanctioned + Persons Act of 2019. + (15) Division O--Public Lands. + (16) Division P--Colorado Outdoor Recreation and Economy + Act. + (b) Table of Contents.--The table of contents for this Act is as +follows: Sec. 1. Short title. -Sec. 2. Table of contents. +Sec. 2. Organization of Act into divisions; table of contents. +Sec. 3. Congressional defense committees. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT - Subtitle A--Authorization of Appropriations + Subtitle A--Authorization Of Appropriations + +Sec. 101. Authorization of appropriations. + Subtitle B--Navy Programs -Sec. 101. Army. -Sec. 102. Navy and Marine Corps. -Sec. 103. Air Force and Space Force. +Sec. 111. Independent cost estimate of FFG(X) frigate program. +Sec. 112. Liquified natural gas pilot program. + Subtitle C--Air Force Programs + +Sec. 121. Modification of force structure objectives for B-1 bomber + aircraft. +Sec. 122. Extension of limitation on availability of funds for + retirement of RC-135 aircraft. +Sec. 123. Modification of limitation on availability of funds for + retirement of E-8 JSTARS aircraft. +Sec. 124. Limitation on availability of funds for the Advanced Battle + Management System pending certification + relating to RQ-4 aircraft. +Sec. 125. Inventory requirements for certain air refueling tanker + aircraft. +Sec. 126. Limitation on production of KC-46A aircraft. +Sec. 127. Assessment and certification relating to OC-135 aircraft. +Sec. 128. Modernization plan for airborne intelligence, surveillance, + and reconnaissance. +Sec. 129. Minimum bomber aircraft force level. +Sec. 130. Provisions relating to RC-26B manned intelligence, + surveillance, and reconnaissance aircraft. +Sec. 130A. Briefing on payload hosting on modular supersonic aircraft. + Subtitle D--Defense-wide, Joint, and Multiservice Matters + +Sec. 131. Documentation relating to the F-35 aircraft program. +Sec. 132. Notification on software regression testing for F-35 + aircraft. +Sec. 133. Notification on efforts to replace inoperable ejection seat + aircraft locator beacons. +Sec. 134. Limitation on use of funds for the Armed Overwatch Program. +Sec. 135. Investment and sustainment plan for procurement of cannon + tubes. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + Subtitle A--Authorization of Appropriations + Sec. 201. Authorization of appropriations. + Subtitle B--Program Requirements, Restrictions, and Limitations + +Sec. 211. Modification of Science, Mathematics, and Research for + Transformation (SMART) Defense Education + Program. +Sec. 212. Enhanced participation of Department of Defense contractors + in science, technology, engineering, and + mathematics activities. +Sec. 213. Modification of requirements relating to certain cooperative + research and development agreements. +Sec. 214. Pilot program on talent optimization. +Sec. 215. Codification of the National Security Innovation Network. +Sec. 216. Modification of pilot program on enhanced civics education. +Sec. 217. Modification of joint artificial intelligence research, + development, and transition activities. +Sec. 218. Modification of national security innovation activities and + manufacturing pilot program. +Sec. 219. Extension of pilot program for the enhancement of the + research, development, test, and evaluation + centers of the Department of Defense. +Sec. 220. Digital data management and analytics capability. +Sec. 221. Social science, management science, and information science + research activities. +Sec. 222. Measuring and incentivizing programming proficiency. +Sec. 223. Information technology modernization and security efforts. +Sec. 224. Board of Directors for the Joint Artificial Intelligence + Center. +Sec. 225. Directed Energy Working Group. +Sec. 226. Program Executive Officer for Autonomy. +Sec. 227. Accountability measures relating to the Advanced Battle + Management System. +Sec. 228. Measures to address foreign talent programs. +Sec. 229. Disclosure of foreign funding sources in applications for + Federal research awards. +Sec. 230. Limitations relating to large unmanned surface vessels and + associated offensive weapon systems. +Sec. 231. Limitation on availability of funds pending review and report + on next generation air dominance + capabilities. +Sec. 232. Modification of mechanisms for expedited access to technical + talent and expertise at academic + institutions. +Sec. 233. Designation of Academic Liaison to protect against emerging + threats. + Subtitle C--Emerging Technology and Artificial Intelligence Matters + +Sec. 241. Steering committee on emerging technology. +Sec. 242. Training for human resources personnel in artificial + intelligence and related topics. +Sec. 243. Unclassified workspaces for personnel with pending security + clearances. +Sec. 244. Pilot program on the use of electronic portfolios to evaluate + applicants for certain technical positions. +Sec. 245. Self-directed training in artificial intelligence. +Sec. 246. Part-time and term employment of university professors and + students in the Defense science and + technology enterprise. +Sec. 247. Microelectronics and national security. +Sec. 248. Acquisition of ethically and responsibly developed artificial + intelligence technology. +Sec. 249. Enhancement of public-private talent exchange programs in the + Department of Defense. +Sec. 250. Reporting on contribution of development of artificial + intelligence standards. + Subtitle D--Sustainable Chemistry Research and Development + +Sec. 251. Short title. +Sec. 252. Findings. +Sec. 253. National coordinating entity for sustainable chemistry. +Sec. 254. Strategic plan for sustainable chemistry. +Sec. 255. Agency activities in support of sustainable chemistry. +Sec. 256. Partnerships in sustainable chemistry. +Sec. 257. Prioritization. +Sec. 258. Rule of construction. +Sec. 259. Major multi-user research facility project. + Subtitle E--Plans, Reports, and Other Matters + +Sec. 261. Modification to annual report of the Director of Operational + Test and Evaluation. +Sec. 262. Repeal of quarterly updates on the Optionally Manned Fighting + Vehicle program. +Sec. 263. Independent evaluation of personal protective and diagnostic + testing equipment. +Sec. 264. Reports on F-35 physiological episodes and mitigation + efforts. +Sec. 265. Study on mechanisms for attracting and retaining high quality + talent in the national security innovation + base. +Sec. 266. Funding for force protection applied research. +Sec. 267. Funding for hypersonics prototyping. +Sec. 268. Funding for unidirectional body armor. +Sec. 269. Assessments of intelligence, defense, and military + implications of deepfake videos and related + technologies. +Sec. 270. Funding for Air Force university research initiatives. +Sec. 271. Modification of authority to carry out certain fiscal year + 2020 projects. +Sec. 272. Sense of Congress on the role of the National Science + Foundation. +Sec. 273. Funding for Navy university research initiatives. +Sec. 274. Funding for Army university research initiatives. +Sec. 275. Report on certain awards by the Air Force under the Small + Business Innovation Research Program and + the Small Business Technology Transfer + Program. +Sec. 276. Funding for Backpackable Communications Intelligence System. +Sec. 277. Funding for Army university and industry research centers. +Sec. 278. Sense of Congress on the additive manufacturing and machine + learning initiative of the Army. +Sec. 279. Traineeships for American leaders to excel in national + technology and science. +Sec. 280. Briefing and report on use of distributed ledger technology + for defense purposes. +Sec. 281. Admission of essential scientists and technical experts to + promote and protect the National Security + Innovation Base. + TITLE III--OPERATION AND MAINTENANCE + + Subtitle A--Authorization of Appropriations + +Sec. 301. Authorization of appropriations. +Sec. 302. Funding for Army Community Services. +Sec. 303. Increase in funding for Air Force reserve contractor systems + support. + Subtitle B--Energy and Environment + +Sec. 311. Military Aviation and Installation Assurance Clearinghouse + for review of mission obstructions. +Sec. 312. Military Aviation and Installation Assurance Clearinghouse + for review of mission obstructions. +Sec. 313. Agreements to limit encroachments and other constraints on + military training, testing, and operations. +Sec. 314. Modification of Department of Defense environmental + restoration authorities to include Federal + Government facilities used by National + Guard. +Sec. 315. Increased transparency through reporting on usage and spills + of aqueous film-forming foam at military + installations. +Sec. 316. Replacement of non-tactical motor vehicles at the end of + service life with electric or hybrid motor + vehicles. +Sec. 317. Budgeting of Department of Defense relating to operational + energy improvement. +Sec. 318. Assessment of Department of Defense operational energy usage. +Sec. 319. Improvement of the operational energy capability improvement + fund of the Department of Defense. +Sec. 320. Five-year reviews of containment technologies relating to Red + Hill Bulk Fuel Storage Facility. +Sec. 321. Limitation on use of funds for acquisition of furnished + energy for Rhine Ordnance Barracks Army + Medical Center. +Sec. 322. Requirement to update Department of Defense climate change + roadmap. +Sec. 323. Comptroller General report on Department of Defense + installation energy. +Sec. 324. Department of Defense report on emissions levels. +Sec. 325. Objectives, performance standards, and criteria for use of + wildlife conservation banking programs. +Sec. 326. Offshore wind energy development, Morro Bay, California. +Sec. 327. Long-duration demonstration initiative and joint program. +Sec. 328. Prizes for development of non-PFAS-containing fire-fighting + agent. +Sec. 329. Survey of technologies for Department of Defense application + in phasing out the use of fluorinated + aqueous film-forming foam. +Sec. 330. Interagency body on research related to per- and + polyfluoroalkyl substances. +Sec. 331. Restriction on procurement by defense logistics agency of + certain items containing perfluoroalkyl + substances and polyfluoroalkyl substances. +Sec. 332. Standards for removal or remedial actions with respect to + PFOS or PFOA contamination. +Sec. 333. Research and development of alternative to aqueous film- + forming foam. +Sec. 334. Notification to agricultural operations located in areas + exposed to Department of Defense PFAS use. +Sec. 335. Public disclosure of results of Department of Defense testing + for perfluoroalkyl or polyfluoroalkyl + substances. +Sec. 336. Biological threats report. +Sec. 337. Report on energy savings performance contracts. +Sec. 338. Sense of Congress regarding an integrated master plan towards + achieving net zero. +Sec. 339. Increase in funding for Centers for Disease Control Study on + health implications health implications of + per- and polyfluoroalkyl substances + contamination in drinking water. +Sec. 340. Moratorium on incineration by Department of Defense of + perfluoroalkyl substances, polyfluoroalkyl + substances, and aqueous film forming foam. +Sec. 341. Guaranteeing Equipment Safety for Firefighters Act of 2020. +Sec. 342. Assessment of Department of Defense excess property programs + with respect to need and wildfire risk. + Subtitle C--Logistics and Sustainment + +Sec. 351. National Defense Sustainment and Logistics Review. +Sec. 352. Extension of sunset relating to charter air transportation + services. +Sec. 353. Additional elements for inclusion in Navy ship depot + maintenance budget report. +Sec. 354. Modification to limitation on length of overseas forward + deployment of naval vessels. +Sec. 355. Independent advisory panel on weapon system sustainment. +Sec. 356. Biannual briefings on status of Shipyard Infrastructure + Optimization Plan. +Sec. 357. Materiel readiness metrics and objectives for major weapon + systems. + Subtitle D--Munitions Safety and Oversight + +Sec. 361. Chair of Department of Defense explosive safety board. +Sec. 362. Explosive Ordnance Disposal Defense Program. +Sec. 363. Assessment of resilience of Department of Defense munitions + enterprise. +Sec. 364. Report on safety waivers and mishaps in Department of Defense + munitions enterprise. + Subtitle E--Other Matters + +Sec. 371. Pilot program for temporary issuance of maternity-related + uniform items. +Sec. 372. Servicewomen's Commemorative Partnerships. +Sec. 373. Biodefense analysis and budget submission. +Sec. 374. Clarification of National Biodefense Strategy. +Sec. 375. Report on biodefense. +Sec. 376. Facilitating agreements with other Federal agencies to limit + encroachments. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS Subtitle A--Active Forces Sec. 401. End strengths for active forces. +Sec. 402. Revisions in permanent active duty end strength minimum + levels. +Sec. 403. Modification of the authorized number and accounting method + for senior enlisted personnel. Subtitle B--Reserve Forces -Sec. 411. End strengths for selected reserve. -Sec. 412. End strengths for reserves on active duty in support of the - reserves. +Sec. 411. End strengths for Selected Reserve. +Sec. 412. End strengths for Reserves on active duty in support of the + Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C--Authorization of Appropriations Sec. 421. Military personnel. + TITLE V--MILITARY PERSONNEL POLICY + + Subtitle A--Officer Personnel Policy + +Sec. 501. Authorized strength: exclusion of certain general and flag + officers of the reserve components on + active duty. +Sec. 502. Diversity in selection boards. +Sec. 503. Redaction of personally identifiable information from records + furnished to a promotion board. +Sec. 504. Temporary expansion of availability of enhanced constructive + service credit in a particular career field + upon original appointment as a commissioned + officer. +Sec. 505. Permanent programs on direct commissions to cyber positions. + Subtitle B--Reserve Component Management + +Sec. 511. Grants to support STEM education in the Junior Reserve + Officers' Training Corps. +Sec. 512. Modification of education loan repayment program for members + of Selected Reserve. +Sec. 513. Requirement of consent of the chief executive officer for + certain full-time National Guard duty + performed in a State, Territory, or the + District of Columbia. +Sec. 514. Constructive credit for certain members of the reserve + components who cannot complete minimum + annual training requirements as a result of + the COVID-19 pandemic. +Sec. 515. Guidance for use of unmanned aircraft systems by the National + Guard. +Sec. 516. Direct employment pilot program for certain members of the + reserve components. +Sec. 517. Temporary limitation on authority to transfer, relocate, or + dissolve elements of the reserve components + of the Air Force. +Sec. 518. Pilot programs in connection with SROTC units and CSPI + programs at Historically Black Colleges and + Universities and minority institutions. +Sec. 519. Report regarding full-time National Guard duty in response to + the COVID-19 pandemic. +Sec. 520. Study and report on ROTC recruitment. +Sec. 520A. Transitional health benefits for certain members of the + National Guard serving under orders in + response to the coronavirus (COVID-19). +Sec. 520B. Quarantine housing for members of the National Guard who + perform certain duty in response to the + COVID-19 emergency. +Sec. 520C. National guard support to major disasters. +Sec. 520D. Authority to reinstate and transfer officers in medical + specialties in the reserve components of + the Armed Forces previously retired + honorably or under honorable conditions. +Sec. 520E. Report regarding national guard youth challenge program. +Sec. 520F. Permanent suicide prevention and resilience program for the + reserve components. + Subtitle C--General Service Authorities and Correction of Military + Records + +Sec. 521. Temporary authority to order retired members to active duty + in high-demand, low-density assignments + during war or national emergency. +Sec. 522. Reenlistment waivers for persons separated from the Armed + Forces who commit one misdemeanor cannabis + offense. +Sec. 523. Review of Seaman to Admiral-21 program; credit towards + retirement. +Sec. 524. Report regarding reviews of discharges and dismissals based + on sexual orientation or gender identity. +Sec. 525. Development of guidelines for use of unofficial sources of + information to determine eligibility of + members and former members of the Armed + Forces for decorations and benefits when + the service records are incomplete because + of damage to the official record. +Sec. 526. Report on bad paper. + Subtitle D--Military Justice and Other Legal Matters + +Sec. 531. Punitive article on violent extremism. +Sec. 532. Preservation of Court-martial records. +Sec. 533. Electronic notarization for members of the Armed Forces. +Sec. 534. Clarifications regarding scope of employment and reemployment + rights of members of the uniformed + services. +Sec. 535. Termination of telephone, multichannel video programming, and + internet access service contracts by + servicemembers who enter into contracts + after receiving military orders for + permanent change of station but then + receive stop movement orders due to an + emergency situation. +Sec. 536. Absentee ballot tracking program. +Sec. 537. Tracking mechanism and reporting requirements for + supremacist, extremist, and criminal gang + activity in the Armed Forces. +Sec. 538. Military-civilian task force on domestic violence and related + information collection activities. +Sec. 539. Actions to address military-connected child abuse. +Sec. 540. Multidisciplinary board to evaluate suicide events. +Sec. 540A. To resolve controversies under Servicemembers Civil Relief + Act. +Sec. 540B. Limitation on waiver of rights and protections under + Servicemembers Civil Relief Act. +Sec. 540C. Clarification of private right of action under + Servicemembers Civil Relief Act. +Sec. 540D. Requirement of certain certification before deportation of a + spouse of a member of the Armed Forces. +Sec. 540E. Clarification of termination of leases of premises and motor + vehicles of servicemembers who incur + catastrophic injury or illness or die while + in military service. +Sec. 540F. Availability of records for National Instant Criminal + Background Check System. +Sec. 540G. Prohibition on certain communications regarding courts- + martial. +Sec. 540H. Termination of contracts for telephone, multichannel video + programming, or internet access service by + certain individuals under Servicemembers + Civil Relief Act. +Sec. 540I. Report on drug demand reduction program modernization. +Sec. 540J. Qualifications of judges and standard of review for Courts + of Criminal Appeals. +Sec. 540K. Right to notice of victims of offenses under the Uniform + Code of Military Justice regarding certain + post-trial motions, filings, and hearings. + Subtitle E--Sexual Assault + +Sec. 541. Protection of attorney-client privilege between victims and + Special Victims' Counsel. +Sec. 542. Authority of military judges and military magistrates to + issue military court protective orders. +Sec. 543. Additional bases for provision of advice by the Defense + Advisory Committee for the Prevention of + Sexual Misconduct. +Sec. 544. Modification of reporting and data collection on victims of + sexual offenses. +Sec. 545. Modification of annual report regarding sexual assaults + involving members of the Armed Forces. +Sec. 546. Coordination of support for survivors of sexual trauma. +Sec. 547. Policy on separation of victim and accused at military + service academies. +Sec. 548. Safe-to-report policy applicable across the Armed Forces. +Sec. 549. Question in workplace and gender relations surveys regarding + prosecutions of sexual assault. +Sec. 550. Pilot program on prosecution of special victim offenses + committed by attendees of military service + academies. +Sec. 550A. Report on status of investigations of alleged sex-related + offenses. +Sec. 550B. Report on sexual abuse and harassment of recruits during + medical examinations prior to entry into + the Armed Forces. +Sec. 550C. Confidential reporting of sexual harassment. + Subtitle F--Member Education, Training, and Transition + +Sec. 551. Counseling in the Transition Assistance Program regarding + sexual assault, sexual or gender + harassment, and intimate partner violence. +Sec. 552. Medical or administrative discharge as a pathway for + counseling in the Transition Assistance + Program. +Sec. 553. Family dynamics as pathways for counseling in the Transition + Assistance Program. +Sec. 554. Establishment of mentoring and career counseling program. +Sec. 555. Defense Language Institute Foreign Language Center. +Sec. 556. Defense Language Institute Foreign Language Center. +Sec. 557. Increase in number of permanent professors at the United + States Air Force Academy. +Sec. 558. Information on nominations and applications for military + service academies. +Sec. 559. Transformation of the professional military education + enterprise. +Sec. 560. College of International Security Affairs of the National + Defense University. +Sec. 560A. Public-private consortium to improve professional military + education. +Sec. 560B. Participation of members of the reserve components of the + Armed Forces in the Skillbridge program. +Sec. 560C. Study regarding VA participation in TAP. +Sec. 560D. GAO study regarding transferability of military + certifications to civilian occupational + licenses and certifications. +Sec. 560E. Transition outreach. +Sec. 560F. Continued participation of separated members of the Armed + Forces in Skillbridge programs. +Sec. 560G. Expansion of Skillbridge program to include the Coast Guard. +Sec. 560H. Establishment of performance measures for the Credentialing + Opportunities On-Line programs of the Armed + Forces. +Sec. 560I. Authority of military educational institutions to accept + research grants. +Sec. 560J. Report on officer training in irregular warfare. +Sec. 560K. Report regarding county, Tribal, and local veterans service + officers. +Sec. 560L. Limited exception for attendance of enlisted personnel at + senior level and intermediate level officer + professional military education courses. +Sec. 560M. Limitation on eligibility of for-profit institutions to + participate in educational assistance + programs of the Department of Defense. + Subtitle G--Military Family Readiness and Dependents' Education + +Sec. 561. Family readiness: definitions; communication strategy; + report. +Sec. 562. Support services for members of special operations forces and + immediate family members. +Sec. 563. Authority to provide financial assistance to certain in-home + child care providers for members of the + Armed Forces and survivors of members who + die in combat in the line of duty. +Sec. 564. Expansion of financial assistance under My Career Advancement + Account program. +Sec. 565. Child care. +Sec. 566. Continuation of paid parental leave upon death of child. +Sec. 567. Study and report on the performance of the Department of + Defense Education Activity. +Sec. 568. Comptroller General of the United States report on the + structural condition of Department of + Defense Education Activity schools. +Sec. 569. Pilot program to expand eligibility for enrollment at + domestic dependent elementary and secondary + schools. +Sec. 570. Continued assistance to schools with significant numbers of + military dependent students. +Sec. 570A. Standardization of the Exceptional Family Member Program. +Sec. 570B. Training program regarding foreign disinformation campaigns. +Sec. 570C. Reopening of child care facilities of the Engineer Research + and Development Center. +Sec. 570D. Improvements to partner criteria of the Military Spouse + Employment Partnership Program. + Subtitle H--Diversity and Inclusion + +Sec. 571. Diversity and inclusion reporting requirements. +Sec. 572. Establishment of Diversity and Inclusion Advisory Council of + the Department of Defense. +Sec. 573. Establishment of Special Inspector General for Racial and + Ethnic Disparities in the Armed Forces; + amendments to Inspector General Act. +Sec. 574. Questions regarding racism, anti-Semitism, and supremacism in + workplace surveys administered by the + Secretary of Defense. +Sec. 575. Report on demographics of officers appointed to certain + grades. +Sec. 576. Plans to increase female and minority representation in the + Armed Forces. +Sec. 577. Evaluation of barriers to minority participation in certain + units of the Armed Forces. +Sec. 578. Report to Congress on efforts to increase diversity and + representation in film, television, and + publishing. +Sec. 579. Plan to improve responses to pregnancy and childbirth by + members of the Armed Forces and employees + of the Department of Defense. + Subtitle I--Decorations and Awards + +Sec. 581. Establishment of the Atomic Veterans Service Medal. +Sec. 582. Authorization for award of the distinguished-service cross + for Ramiro F. Olivo for acts of valor + during the Vietnam War. +Sec. 583. Eligibility of veterans of Operation End Sweep for Vietnam + Service Medal. + Subtitle J--Miscellaneous Reports and Other Matters + +Sec. 591. Expansion of Department of Defense STARBASE Program. +Sec. 592. Inclusion of certain outlying areas in the Department of + Defense STARBASE Program. +Sec. 593. Prohibition on charging for or counting certain acronyms on + headstones of individuals interred at + Arlington National Cemetery. +Sec. 594. Report on placement of members of the Armed Forces in + academic status who are victims of sexual + assault onto Non-Rated Periods. +Sec. 595. Sense of Congress regarding advertising recruiting efforts. +Sec. 596. Study on financial impacts of COVID-19 on members of the + Armed Forces and best practices to prevent + future financial hardships. +Sec. 597. Sense of Congress honoring the Dover Air Force Base, + Delaware, home to the 436th airlift wing, + the 512th airlift wing, and the Charles C. + Carson Center for mortuary affairs. +Sec. 598. GAO study of women involuntarily separated or discharged due + to pregnancy or parenthood. +Sec. 599. Report regarding transportation of remains of certain + decedents by the Secretary of a military + department. +Sec. 599A. Postponement of conditional designation of Explosive + Ordnance Disposal Corps as a basic branch + of the Army. +Sec. 599B. Annual report regarding cost of living for members and + employees of the Department of Defense. +Sec. 599C. Report on Preservation of the Force and Family Program of + United States Special Operations Command. +Sec. 599D. GAO study of members absent without leave or on unauthorized + absence. + TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS + + Subtitle A--Pay and Allowances + +Sec. 601. Increase in basic pay. +Sec. 602. Basic needs allowance for low-income regular members. +Sec. 603. Reorganization of certain allowances other than travel and + transportation allowances. +Sec. 604. Single military housing area for each municipality with a + population greater than 500,000. +Sec. 605. Expansion of travel and transportation allowances to include + fares and tolls. +Sec. 606. Compensation and credit for retired pay purposes for + maternity leave taken by members of the + reserve components. + Subtitle B--Bonuses and Special Incentive Pays + +Sec. 611. One-year extension of certain expiring bonus and special pay + authorities. +Sec. 612. Increase in certain hazardous duty incentive pay for members + of the uniformed services. +Sec. 613. Standardization of payment of hazardous duty incentive pay + for members of the uniformed services. +Sec. 614. Clarification of 30 days of continuous duty on board a ship + required for family separation allowance + for members of the uniformed services. +Sec. 615. Expansion of reimbursable State licensure and certification + costs for a military spouse arising from + relocation. + Subtitle C--Family and Survivor Benefits + +Sec. 621. Expansion of authority to provide financial assistance to + civilian providers of child care services + or youth program services for survivors of + members of the Armed Forces who die in the + line of duty. +Sec. 622. Expansion of death gratuity for ROTC graduates. +Sec. 623. Recalculation of financial assistance for providers of child + care services and youth program services + for dependents. +Sec. 624. Priority for certain military family housing to a member of + the Armed Forces whose spouse agrees to + provide family home day care services. +Sec. 625. Study on feasibility of TSP contributions by military + spouses. +Sec. 626. Gold star families parks pass. +Sec. 627. Modification to first division monument. +Sec. 628. Cheryl Lankford memorial expansion of assistance for Gold + Star spouses and other dependents. +Sec. 629. Extension of Commissary and Exchange Benefits for Surviving + Remarried Spouses With Dependent Children + of a Member of the Armed Forces Who Dies + While on Active Duty or Certain Reserve + Duty. + Subtitle D--Defense Resale Matters + +Sec. 631 . Base responders essential needs and dining access. +Sec. 632. First responder access to mobile exchanges. +Sec. 633. Updated business case analysis for consolidation of the + defense resale system. + Subtitle E--Other Personnel Benefits + +Sec. 641. Maintenance of funding for Stars and Stripes. +Sec. 642. Basic allowance for housing. + TITLE VII--HEALTH CARE PROVISIONS + + Subtitle A--TRICARE and Other Health Care Benefits + +Sec. 701. Expansion of mental health assessments for members of the + Armed Forces. +Sec. 702. Mandatory referral for mental health evaluation. +Sec. 703. Assessments and testing relating to exposure to + perfluoroalkyl and polyfluoroalkyl + substances. +Sec. 704. Improvement to breast cancer screening. +Sec. 705. Waiver of fees charged to certain civilians for emergency + medical treatment provided at military + medical treatment facilities. +Sec. 706. Expansion of benefits available under TRICARE Extended Care + Health Option program. +Sec. 707. Provision of hearing aids for dependents of certain members + of the reserve components. + Subtitle B--Health Care Administration + +Sec. 711. Protection of the Armed Forces from infectious diseases. +Sec. 712. Inclusion of drugs, biological products, and critical medical + supplies in national security strategy for + national technology and industrial base. +Sec. 713. Contract authority of the Uniformed Services University of + the Health Sciences. +Sec. 714. Extension of organization requirements for Defense Health + Agency. +Sec. 715. Modification to limitation on the realignment or reduction of + military medical manning end strength. +Sec. 716. Modifications to implementation plan for restructure or + realignment of military medical treatment + facilities. +Sec. 717. Policy to address opioid prescription abuse prevention. +Sec. 718. Addition of burn pit registration to electronic health + records of members of the Armed Forces and + veterans. +Sec. 719. Maintenance of certain medical services at military medical + treatment facilities at Service Academies. +Sec. 720. Extramedical maternal health providers demonstration project. + Subtitle C--Matters Relating to COVID-19 + +Sec. 721. COVID-19 military health system review panel. +Sec. 722. COVID-19 global war on pandemics. +Sec. 723. Registry of TRICARE beneficiaries diagnosed with COVID-19. +Sec. 724. Pandemic health assessments evaluate exposure to open burn + pits and toxic airborne chemicals. +Sec. 725. Provision of information regarding COVID-19 in multiple + languages. +Sec. 726. Study of substance use disorders among members of the Armed + Forces and veterans during the COVID-19 + public health emergency. + Subtitle D--Reports and Other Matters + +Sec. 731. Modifications to pilot program on civilian and military + partnerships to enhance interoperability + and medical surge capability and capacity + of national disaster medical system. +Sec. 732. Reports on suicide among members of the Armed Forces and + suicide prevention programs and activities + of the Department of Defense. +Sec. 733. Clarification of research under Joint Trauma Education and + Training Directorate and inclusion of + military working dogs. +Sec. 734. Extension of the Joint Department of Defense-Department of + Veterans Affairs Medical Facility + Demonstration Project. +Sec. 735. Information sharing by Secretary of Defense regarding + prevention of infant and maternal + mortality. +Sec. 736. Grant program for increased cooperation on post-traumatic + stress disorder research between United + States and Israel. +Sec. 737. Pilot program on cryopreservation and storage. +Sec. 738. Pilot program on parents serving as certified nursing + assistants for children under TRICARE + program. +Sec. 739. Study on incidence of cancer diagnosis and mortality among + pilots in the Armed Forces. +Sec. 740. Report on diet and nutrition of members of the Armed Forces. +Sec. 741. Report on costs and benefits of allowing retired members of + the Armed Forces to contribute to health + savings accounts. +Sec. 742. Study on toxic exposure at Karshi-Khanabad Air Base, + Uzbekistan. +Sec. 743. Audit of medical conditions of tenants in privatized military + housing. +Sec. 744. Report on Integrated Disability Evaluation System. +Sec. 745. Review and report on prevention of suicide among members of + the Armed Forces stationed at remote + installations outside the contiguous United + States. +Sec. 746. Antimicrobial stewardship staffing at medical treatment + facilities of the Department of Defense. +Sec. 747. Report on chiropractic care for dependents and retirees under + the TRICARE program. +Sec. 748. Study on medevac helicopters and ambulances at military + installations. +Sec. 749. Funding for pancreatic cancer research. +Sec. 750. Report on mental health treatment relating to pregnancy. +Sec. 750A. Report on cost of extending TRICARE coverage to individuals + participating in Health Professions + Scholarship and Financial Assistance + Program. +Sec. 750B. Report on health care records of dependents who later seek + to serve as a member of the Armed Forces. +Sec. 750C. Briefing on extension of TRICARE Prime to eligible + beneficiaries in Puerto Rico and other + United States territories. +Sec. 750D. Funding for post-traumatic stress disorder. +Sec. 750E. Increased collaboration with NIH to combat triple negative + breast cancer. +Sec. 750F. Study on readiness contracts and the prevention of drug + shortages. +Sec. 750G. Findings and sense of Congress on musculoskeletal injuries. +Sec. 750H. Wounded Warrior Service Dog Program. +Sec. 750I. Sense of congress regarding maternal mortality review. +Sec. 750J. Report on lapses in TRICARE coverage for members of the + National Guard and reserve components. +Sec. 750K. Study and report on increasing telehealth services across + Armed Forces. +Sec. 750L. Study on joint deployment formulary. +Subtitle E--Mental Health Services From Department of Veterans Affairs + for Members of Reserve Components + +Sec. 751. Short title. +Sec. 752. Expansion of eligibility for readjustment counseling and + related outpatient services from Department + of Veterans Affairs to include members of + reserve components of the Armed Forces. +Sec. 753. Provision of mental health services from Department of + Veterans Affairs to members of reserve + components of the Armed Forces. +Sec. 754. Inclusion of members of reserve components in mental health + programs of Department of Veterans Affairs. +Sec. 755. Report on mental health and related services provided by + Department of Veterans Affairs to members + of the Armed Forces. +Sec. 756. Pilot program on sleep apnea among new recruits. +Sec. 757. Report on research and studies on health effects of burn + pits. +Sec. 758. Mandatory training on health effects of burn pits. +Sec. 759. Inclusion of information on exposure to open burn pits in + postdeployment health reassessments. +Sec. 760. Expansion of scope of Department of Veterans Affairs open + burn pit registry to include open burn pits + in Egypt and Syria. +Sec. 761. Pilot program on treatment of certain members of the Armed + Forces impacted by traumatic brain injury + and other associated health factors that + influence long-term brain health and + performance. + TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + MATTERS + + Subtitle A--Acquisition Policy and Management + +Sec. 801. Congressional notification of termination of a middle tier + acquisition program. +Sec. 802. Modification to the definition of nontraditional defense + contractor. +Sec. 803. Major weapon systems: life-cycle sustainment plan. +Sec. 804. Contractor business systems. +Sec. 805. Acquisition authority of the Director of the Joint Artificial + Intelligence Center. +Sec. 806. Reforming the Department of Defense. +Sec. 807. Alternative Space Acquisition System for the United States + Space Force. +Subtitle B--Amendments to General Contracting Authorities, Procedures, + and Limitations + +Sec. 811. Sustainment reform for the Department of Defense. +Sec. 812. Modifications to Comptroller General assessment of + acquisition programs and related + initiatives. +Sec. 813. Contractor whistleblower protections relating to + nondisclosure agreements. +Sec. 814. Competition requirements for purchases from Federal Prison + Industries. +Sec. 815. Disclosure of beneficial owners in database for Federal + agency contract and grant officers. +Sec. 816. Inclusion of optical transmission components in the + analytical framework for supply chain + risks. +Sec. 817. Amendment to definition of qualified apprentice. +Sec. 818. Contract closeout authority for services contracts. +Sec. 819. Plan to improve Department-wide management of investments in + weapon systems. +Sec. 820. Documentation pertaining to commercial item determinations. +Sec. 820A. Guidelines and resources on the acquisition or licensing of + intellectual property. +Sec. 820B. Requirements concerning former Department of Defense + officials and lobbying activities. +Sec. 820C. Commercial product determination applies to components and + support services. + Subtitle C--Industrial Base Matters + +Sec. 821. Quarterly national technology and industrial base briefings. +Sec. 822. Expansion on the prohibition on acquiring certain metal + products. +Sec. 823. Requirement that certain ship components be manufactured in + the national technology and industrial + base. +Sec. 824. Preference for sourcing rare earth materials from the + national technology and industrial base. +Sec. 825. Enhanced domestic content requirement for major defense + acquisition programs. +Sec. 826. Additional requirements pertaining to printed circuit boards. +Sec. 827. Report on use of domestic nonavailability determinations. +Sec. 828. Sense of Congress on the prohibition on certain + telecommunications and video surveillance + services or equipment. +Sec. 829. Domestic sourcing requirements for aluminum. +Sec. 830. Report on aluminum refining, processing, and manufacturing. +Sec. 830A. Briefing on the supply chain for small unmanned aircraft + system components. +Sec. 830B. Prohibition on procurement or operation of foreign-made + unmanned aircraft systems. +Sec. 830C. Sense of Congress on gaps or vulnerabilities in the national + technology and industrial base. +Sec. 830D. Report on partnerships for rare earth material supply chain + security. + Subtitle D--Small Business Matters + +Sec. 831. Transfer of verification of small business concerns owned and + controlled by veterans or service-disabled + veterans to the Small Business + Administration. +Sec. 832. Equitable adjustments to certain construction contracts. +Sec. 833. Exemption of certain contracts awarded to small business + concerns from category management + requirements. +Sec. 834. Report on accelerated payments to certain small business + concerns. +Sec. 835. Extension of participation in 8(a) program. +Sec. 836. Past performance ratings of certain small business concerns. +Sec. 837. Category management training. +Sec. 838. Small businesses in territories of the United States. +Sec. 839. Eligibility of the commonwealth of the northern mariana + islands for certain small business + administration programs. +Sec. 840. Boots to Business Program. +Sec. 840A. Employment size standard requirements. + Subtitle E--Other Matters + +Sec. 841. Modifications to supervision and award of certain contracts. +Sec. 842. Amendments to submissions to Congress relating to certain + foreign military sales. +Sec. 843. Revisions to requirement to use firm fixed-price contracts + for foreign military sales. +Sec. 844. Small Business Industrial Base Resiliency Program. +Sec. 845. Requirements relating to reports and limitations on the + availability of funds. +Sec. 846. Assessment of the requirements processes of the military + departments. +Sec. 847. Report on transfer and consolidation of certain defense + acquisition statutes. +Sec. 848. Prohibition on contracting with persons with willful or + repeated violations of the Fair Labor + Standards Act of 1938. +Sec. 849. Reestablishment of Commission on Wartime Contracting. +Sec. 850. Report on certain contracts relating to construction or + maintenance of a border wall. +Sec. 851. Congressional oversight of private security contractor + contracts. +Sec. 852. Revisions to the Unified Facilities Criteria regarding the + use of variable refrigerant flow systems. + TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT + + Subtitle A--Office of the Secretary of Defense and Related Matters + +Sec. 901. Repeal of position of Chief Management Officer. +Sec. 902. Assistant Secretary of Defense for Industrial Base Policy. +Sec. 903. Assignment of responsibility for the Arctic region within the + Office of the Secretary of Defense. + Subtitle B--Other Department of Defense Organization and Management + Matters + +Sec. 911. Limitation on reduction of civilian workforce. +Sec. 912. Chief Diversity Officers. +Sec. 913. Establishment of Deputy Assistant Secretaries for + Sustainment. +Sec. 914. Office of Defense Community Cooperation and Economic + Adjustment. +Sec. 915. Input from Chief of National Guard Bureau to the Joint + Requirements Oversight Council. +Sec. 916. Redesignation of the Joint Forces Staff College. +Sec. 917. Reporting on post-JAIC assignment. +Sec. 918. Comptroller General report on vulnerabilities of the + Department of Defense resulting from + offshore technical support call centers. +Sec. 919. Limitation on consolidation or transition to alternative + content delivery methods within the Defense + Media Activity. + Subtitle C--Space Matters + +Sec. 921. Assistant Secretary of Defense for Space and Strategic + Deterrence Policy. +Sec. 922. Office of the Chief of Space Operations. +Sec. 923. Space Force Medal. +Sec. 924. Clarification of procurement of commercial satellite + communications services. +Sec. 925. Temporary exemption from authorized daily average of members + in pay grades E-8 and E-9. +Sec. 926. One-time uniform allowance for members transferred to the + Space Force. +Sec. 927. Rank and grade structure of the United States Space Force. +Sec. 928. Report on the role of the Naval Postgraduate School in space + education. + TITLE X--GENERAL PROVISIONS + + Subtitle A--Financial Matters + +Sec. 1001. General transfer authority. +Sec. 1002. Determination of budgetary effects. +Sec. 1003. Pandemic Preparedness and Resilience National Security Fund. +Sec. 1004. Budget materials for special operations forces. +Sec. 1005. Department of Defense audit remediation plan. +Sec. 1006. Public availability of Department of Defense legislative + proposals. + Subtitle B--Counterdrug Activities + +Sec. 1011. Support for counterdrug activities and activities to counter + transnational organized crime affecting + flow of drugs into the United States. +Sec. 1012. Congressional notification with respect to Department of + Defense support provided to other United + States agencies for counterdrug activities + and activities to counter transnational + organized crime. + Subtitle C--Naval Vessels + +Sec. 1021. Limitation on availability of certain funds without naval + vessels plan and certification. +Sec. 1022. Limitations on use of funds in the National Defense Sealift + Fund for purchase of foreign constructed + vessels. +Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally + funded contracts to provide full funding + for Columbia class submarines. +Sec. 1024. Preference for United States vessels in transporting + supplies by sea. +Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in + foreign shipyards. +Sec. 1026. Biannual report on shipbuilder training and the defense + industrial base. +Sec. 1027. Prohibition on use of funds for retirement of certain + littoral combat ships. +Sec. 1028. Report on implementation of Commandant's Planning Guidance. +Sec. 1029. Limitation on naval force structure changes. + Subtitle D--Counterterrorism + +Sec. 1031. Prohibition on use of funds for transfer or release of + individuals detained at United States Naval + Station, Guantanamo Bay, Cuba, to certain + countries. +Sec. 1032. Annual report on use of social media by foreign terrorist + organizations. + Subtitle E--Miscellaneous Authorities and Limitations + +Sec. 1041. Support of special operations to combat terrorism. +Sec. 1042. Prohibition on retirement of nuclear powered aircraft + carriers before first refueling. +Sec. 1043. Required minimum inventory of tactical airlift aircraft. +Sec. 1044. Modification and technical correction to Department of + Defense authority to provide assistance + along the southern land border of the + United States. +Sec. 1045. Battlefield airborne communications node certification + requirement. +Sec. 1046. Requirements relating to newest generations of personal + protective equipment. +Sec. 1047. Prohibition on use of funds for retirement of A-10 aircraft. +Sec. 1048. Mandatory criteria for strategic basing decisions. +Sec. 1049. Limitation on use of funds pending public availability of + top-line numbers of deployed members of the + Armed Forces. +Sec. 1050. Limitation on physical move, integration, reassignment, or + shift in responsibility of Marine Forces + Northern Command. +Sec. 1051. Conditions for permanently basing United States equipment or + additional forces in host countries with + at-risk vendors in 5G or 6G networks. +Sec. 1052. Curtailing Insurrection Act Violations of Individuals' + Liberties. +Sec. 1053. Prohibition on use of funds for discriminatory algorithmic + decisionmaking systems. +Sec. 1054. Inclusion of explosive ordnance disposal in special + operations activities. +Sec. 1055. Requirements in connection with use of personnel other than + the militia or the Armed Forces to suppress + interference with State and Federal law. +Sec. 1056. Limitation on deactivation, unmanning, or selling of Army + watercraft assets pending comprehensive + analysis of mobility requirements and + capabilities. + TITLE XI--CIVILIAN PERSONNEL MATTERS + + Subtitle A--General Provisions + +Sec. 1101. Family and medical leave amendments. +Sec. 1102. Limitation on authority to exclude employees from chapter 71 + of title 5. +Sec. 1103. Authority to provide travel and transportation allowances in + connection with transfer ceremonies of + department of defense and coast guard + civilian employees who die overseas. +Sec. 1104. One-year extension of authority to waive annual limitation + on premium pay and aggregate limitation on + pay for federal civilian employees working + overseas. +Sec. 1105. One-year extension of temporary authority to grant + allowances, benefits, and gratuities to + civilian personnel on official duty in a + combat zone. +Sec. 1106. Limiting the number of local wage areas defined within a pay + locality. +Sec. 1107. Civilian Faculty At the Defense Security Cooperation + University and Institute of Security + Governance. +Sec. 1108. Expansion of authority for appointment of recently-retired + members of the armed forces to positions at + certain industrial base facilities. +Sec. 1109. Fire Fighters Alternative Work Schedule demonstration + project. +Sec. 1110. Special rules for certain monthly workers' compensation + payments and other payments for Federal + Government personnel under chief of mission + authority. +Sec. 1111. Restoration of annual leave due to a pandemic. +Sec. 1112. Prohibition on downloading or using TikTok by Federal + employees. +Sec. 1113. Telework travel expenses program of the United States Patent + and Trademark Office. +Sec. 1114. Extension of rate of overtime pay authority for Department + of the Navy employees performing work + aboard or dockside in support of the + nuclear-powered aircraft carrier forward + deployed in Japan. +Sec. 1115. Vacancy of Inspector General positions. +Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act + of 2020 + +Sec. 1121. Short title. +Sec. 1122. Sense of Congress. +Sec. 1123. Notification of violation. +Sec. 1124. Reporting requirements. +Sec. 1125. Data to be posted by employing Federal agencies. +Sec. 1126. Data to be posted by the Equal Employment Opportunity + Commission. +Sec. 1127. Notification and Federal Employee Antidiscrimination and + Retaliation Act of 2002 amendments. +Sec. 1128. Nondisclosure agreement limitation. + Subtitle C--Office of the National Cyber Director + +Sec. 1131. Short title. +Sec. 1132. National Cyber Director. + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS + + Subtitle A--Assistance and Training + +Sec. 1201. Modification and extension of support of special operations + for irregular warfare. +Sec. 1202. Department of Defense participation in European Program on + Multilateral Exchange of Surface + Transportation Services. +Sec. 1203. Extension of authority to transfer excess high mobility + multipurpose wheeled vehicles to foreign + countries. +Sec. 1204. Modification and extension of update of Department of + Defense Freedom of Navigation Report. +Sec. 1205. Extension of report on workforce development. +Sec. 1206. Report on human rights and building partner capacity + programs. +Sec. 1207. Extension of Department of Defense support for stabilization + activities in national security interest of + the United States. + Subtitle B--Matters Relating to Afghanistan and Pakistan + +Sec. 1211. Extension and modification of authority for reimbursement of + certain coalition nations for support + provided to United States military + operations. +Sec. 1212. Extension of the Afghan Special Immigrant Visa Program. +Sec. 1213. Limitation on use of funds to reduce deployment to + Afghanistan. +Sec. 1214. Report on Operation Freedom Sentinel. +Sec. 1215. Modifications to immunity from seizure under judicial + process of cultural objects. +Sec. 1216. Strategy for post-conflict engagement by the United States + in Afghanistan. +Sec. 1217. Congressional oversight of United States talks with Taliban + officials and Afghanistan's comprehensive + peace process. +Sec. 1218. Report on civilian casualties in Afghanistan. + Subtitle C--Matters Relating to Syria, Iraq, and Iran + +Sec. 1221. Extension and modification of authority to provide + assistance to counter the Islamic State of + Iraq and Syria. +Sec. 1222. Extension of authority to provide assistance to the vetted + Syrian opposition. +Sec. 1223. Extension of authority to support operations and activities + of the Office of Security Cooperation in + Iraq. +Sec. 1224. Prohibition on provision of weapons and other forms of + support to certain organizations. +Sec. 1225. Consolidated budget display and report on Operation Spartan + Shield. +Sec. 1226. Sense of Congress on Peshmerga forces as a partner in + Operation Inherent Resolve. +Sec. 1227. Report on the threat posed by Iranian-backed militias in + Iraq. + Subtitle D--Matters Relating to Russia + +Sec. 1231. Prohibition on availability of funds relating to sovereignty + of the Russian Federation over Crimea. +Sec. 1232. Extension of limitation on military cooperation between the + United States and the Russian Federation. +Sec. 1233. Modification and extension of Ukraine Security Assistance + Initiative. +Sec. 1234. United States participation in the Open Skies Treaty. +Sec. 1235. Sense of Congress on support for Ukraine. +Sec. 1236. Report on presence of Russian military forces in other + foreign countries. +Sec. 1237. Sense of Congress on the Open Skies Treaty. +Sec. 1238. Countering Russian and Other Overseas Kleptocracy. +Sec. 1239. Report on threats to the United States Armed Forces from the + Russian Federation. + Subtitle E--Matters Relating to Europe and NATO + +Sec. 1241. Limitations on use of funds to reduce the total number of + members of the Armed Forces serving on + active duty who are stationed in Germany, + to reduce the total number of members of + the Armed Forces stationed in Europe, and + to divest military infrastructure in + Europe. +Sec. 1242. Sense of Congress reaffirming the commitment of the United + States to NATO. +Sec. 1243. Sense of Congress on support for coordinated action to + ensure the security of Baltic allies. +Sec. 1244. Sense of Congress on support for Estonia, Latvia, and + Lithuania. +Sec. 1245. Sense of Congress on support for Georgia. +Sec. 1246. Sense of Congress on burden sharing by partners and allies. +Sec. 1247. Sense of Congress on NATO's response to the COVID-19 + pandemic. +Sec. 1248. Clarification and expansion of sanctions relating to + construction of Nord Stream 2 or Turkstream + pipeline projects. +Sec. 1249. Coordination of stockpiles with the North Atlantic Treaty + Organization and other allies. + Subtitle F--Matters Relating to the Indo-Pacific Region + +Sec. 1251. Indo-Pacific Reassurance Initiative. +Sec. 1252. Limitation on use of funds to reduce the total number of + members of the Armed Forces serving on + active duty who are deployed to South + Korea. +Sec. 1253. Implementation of GAO recommendations on preparedness of + United States forces to counter North + Korean chemical and biological weapons. +Sec. 1254. Public reporting of Chinese military companies operating in + the United States. +Sec. 1255. Independent study on the defense industrial base of the + People's Republic of China. +Sec. 1256. Deterrence strategy against Chinese-origin cyber attacks. +Sec. 1257. Report on China's One Belt, One Road Initiative in Africa. +Sec. 1258. Sense of Congress on enhancement of the United States-Taiwan + defense relationship. +Sec. 1259. Report on supply chain security cooperation with Taiwan. +Sec. 1260. Report on United States-Taiwan medical security partnership. +Sec. 1260A. Report on United Front Work Department. +Sec. 1260B. Sense of Congress on cross-border violence between the + People's Republic of China and India and + the growing territorial claims of China. +Sec. 1260C. Sense of Congress on United States commitments to Pacific + allies. +Sec. 1260D. Restrictions on export, reexport, and in-country transfers + of certain items that provide a critical + capability to the Government of the + People's Republic of China to suppress + individual privacy, freedom, and other + basic human rights. +Sec. 1260E. Prohibition on commercial export of covered defense + articles and services and covered munitions + items to the Hong Kong Police. +Sec. 1260F. Southeast Asia Strategy. +Sec. 1260G. Sense of Congress on strategic security relationship + between the United States and Mongolia. + Subtitle G--Other Matters + +Sec. 1261. Provision of goods and services to Kwajalein Atoll. +Sec. 1262. Annual briefings on certain foreign military bases of + adversaries. +Sec. 1263. Report on progress of the Department of Defense with respect + to denying a fait accompli by a strategic + competitor against a covered defense + partner. +Sec. 1264. Modification to requirements of the initiative to support + protection of national security academic + researchers from undue influence and other + security threats. +Sec. 1265. Report on directed use of fishing fleets. +Sec. 1266. Expanding the state partnership program in Africa. +Sec. 1267. Report relating to reduction in the total number of United + States Armed Forces deployed to United + States Africa Command area of + responsibility. +Sec. 1268. Report on enhancing partnerships between the United States + and African countries. +Sec. 1269. Sense of Congress with respect to Qatar. +Sec. 1270. Sense of Congress on United States military support for and + participation in the Multinational Force + and Observers. +Sec. 1271. Report on us military support of the Saudi-led coalition in + Yemen. +Sec. 1272. Prohibition on support for military participation against + the Houthis. +Sec. 1273. Rule of construction relating to use of military force. +Sec. 1274. Countering white identity terrorism globally. +Sec. 1275. Yemen. +Sec. 1276. Establishment of the Office of Subnational Diplomacy. +Sec. 1277. Report and strategy to address gross violations of human + rights and civilian harm in Burkina Faso, + Mali, and Niger. +Sec. 1278. Assessment of effectiveness of United States policies + relating to exports of United States-origin + Unmanned Aerial Systems that are assessed + to be ``Category I'' items under the + Missile Technology Control Regime. +Sec. 1279. Sense of Congress on the United States Israel relationship. +Sec. 1280. Feasibility study on increased rotational deployments to + Greece and enhancement of United States- + Greece diplomatic engagement. +Sec. 1281. Report on internally displaced peoples in Ukraine, Georgia, + Moldova, and Azerbaijan. +Sec. 1282. Sense of Congress on cross-border violence in the Galwan + Valley and the growing territorial claims + of the People's Republic of China. +Sec. 1283. Enhancing Engagement with the Caribbean. +Sec. 1284. Amendments to annual Country Reports on Human Rights + Practices. +Sec. 1285. Establishment of National Commission on U.S. + Counterterrorism Policy. +Sec. 1286. Program to prevent, mitigate, and respond to civilian harm + as a result of military operations in + Somalia. +Sec. 1287. Sense of Congress regarding Japan and SMA report draft. +Sec. 1288. Sense of Congress relating to Grand Ethiopian Renaissance + Dam. +Sec. 1289. Report on all comprehensive sanctions imposed on foreign + governments. +Sec. 1290. Limitation on assistance to Brazil. +Sec. 1291. United States Agency for Global Media. +Sec. 1292. Determination and imposition of sanctions with respect to + Turkey's acquisition of the S-400 air and + missile defense system. +Sec. 1293. Report on incidents of arbitrary detention, violence, and + state-sanctioned harassment by the + Government of Egypt against United States + citizens and their family members who are + not United States citizens. +Sec. 1294. Establishment of the Open Technology Fund. +Sec. 1295. Sense of Congress on payment of amounts owed by Kuwait to + United States medical institutions. +Sec. 1296. Protection and promotion of internationally recognized human + rights during the novel coronavirus + pandemic. +Sec. 1297. Review of Department of Defense compliance with ``Principles + Related to the Protection of Medical Care + Provided by Impartial Humanitarian + Organizations During Armed Conflicts''. +Sec. 1298. Promoting human rights in Colombia. +Sec. 1299. Waiver of passport fees for certain individuals. +Sec. 1299A. Report on Venezuela. +Sec. 1299B. Prohibition on use of funds for aerial fumigation. +Sec. 1299C. Report on support for democratic reforms by the Government + of the Republic of Georgia. +Sec. 1299D. Assessment on modernization targets of the People's + Liberation Army. +Sec. 1299E. Mitigation and prevention of atrocities in high-risk + countries. +Sec. 1299F. Resumption of Peace Corps operations. +Sec. 1299G. Transfer of excess naval vessels to the Government of + Egypt. +Sec. 1299H. Limitation on production of nuclear proliferation + assessment statements. +Sec. 1299I. Report on Mexican Security Forces. +Sec. 1299J. Matters relating to Cooperative Threat Reduction programs + and weapons of mass destruction terrorism. +Sec. 1299K. Certification relating to assistance for Guatemala. +Sec. 1299L. Report on foreign influence campaigns targeting United + States Federal elections. + Subtitle H--Global Child Thrive Act of 2020 + +Sec. 1299M-1. Short title. +Sec. 1299M-2. Sense of Congress. +Sec. 1299M-3. Assistance to improve early childhood outcomes globally. +Sec. 1299M-4. Special advisor for assistance to orphans and vulnerable + children. +Sec. 1299M-5. Rule of construction. + Subtitle I--Global Health Security Act of 2020 + +Sec. 1299N-1. Short title. +Sec. 1299N-2. Global Health Security Agenda Interagency Review Council. +Sec. 1299N-3. United States Coordinator for Global Health Security. +Sec. 1299N-4. Strategy and reports. +Sec. 1299N-5. Compliance with the Foreign Aid Transparency and + Accountability Act of 2016. +Sec. 1299N-6. Definitions. +Sec. 1299N-7. Sunset. + Subtitle J--United States Nationals Unlawfully or Wrongfully Detained + Abroad + +Sec. 1299O-1. Short title. +Sec. 1299O-2. Assistance for United States nationals unlawfully or + wrongfully detained abroad. +Sec. 1299O-3. Special Envoy for Hostage Affairs. +Sec. 1299O-4. Hostage Recovery Fusion Cell. +Sec. 1299O-5. Hostage Response Group. +Sec. 1299O-6. Authorization of imposition of sanctions. +Sec. 1299O-7. Definitions. +Sec. 1299O-8. Rule of construction. + Subtitle K--Matters Relating to the Northern Triangle + +Sec. 1299P-1. Actions to advance prosperity in the Northern Triangle. +Sec. 1299P-2. Actions to combat corruption in the Northern Triangle. +Sec. 1299P-3. Actions to strengthen democratic institutions in the + Northern Triangle. +Sec. 1299P-4. Actions to improve security conditions in the Northern + Triangle. +Sec. 1299P-5. Targeted sanctions to fight corruption in the Northern + Triangle. +Sec. 1299P-6. Definitions. + Subtitle L--Additional Matters Relating to NATO Allies and Partners + +Sec. 1299Q-1. Foreign military loan authority. +Sec. 1299Q-2. Authorization of rewards for providing information on + foreign election interference. +Sec. 1299Q-3. Report on NATO member contributions. +Sec. 1299Q-4. Report on capability and capacity requirements of + military forces of Ukraine and resource + plan for security assistance. +Sec. 1299Q-5. Efforts to counter malign authoritarian influence. + Subtitle M--Sudan Democratic Transition, Accountability, and Fiscal + Transparency Act of 2020 + +Sec. 1299R-1. Short title. +Sec. 1299R-2. Definitions. +Sec. 1299R-3. Statement of policy. +Sec. 1299R-4. Support for democratic governance, rule of law, human + rights, and fundamental freedoms. +Sec. 1299R-5. Support for development programs. +Sec. 1299R-6. Support for conflict mitigation. +Sec. 1299R-7. Support for accountability for war crimes, crimes against + humanity, and genocide in Sudan. +Sec. 1299R-8. Suspension of assistance. +Sec. 1299R-9. Multilateral assistance. +Sec. 1299R-10. Coordinated support to recover assets stolen from the + Sudanese people. +Sec. 1299R-11. Limitation on assistance to the Sudanese security and + intelligence services. +Sec. 1299R-12. Authorization of imposition of sanctions with respect to + certain Government of Sudan officials and + other individuals. +Sec. 1299R-13. Reports. +Sec. 1299R-14. United States strategy for support to a civilian-led + government in Sudan. +Sec. 1299R-15. Amendments to the Darfur Peace and Accountability Act of + 2006. +Sec. 1299R-16. Repeal of Sudan Peace Act and the Comprehensive Peace in + Sudan Act. + Subtitle N--Afghanistan Security and Reconstruction Transparency Act + +Sec. 1299S-1. Short title. +Sec. 1299S-2. Public availability of data pertaining to measures of + performance of the Afghan National Defense + and Security Forces. +Sec. 1299S-3. District-level stability assessments of Afghan government + and insurgent control and influence. + Subtitle O--LIFT Act + +Sec. 1299T-1. Short title. +Sec. 1299T-2. Sense of Congress. +Sec. 1299T-3. Annual deadline for trafficking in persons report. +Sec. 1299T-4. United States Advisory Council on Human Trafficking. +Sec. 1299T-5. Timely provision of information to the Office to Monitor + and Combat Trafficking in Persons of the + Department of State. +Sec. 1299T-6. Reports to Congress. +Sec. 1299T-7. Definitions. + TITLE XIII--COOPERATIVE THREAT REDUCTION + +Sec. 1301. Funding allocations; specification of cooperative threat + reduction funds. +Sec. 1302. Sense of Congress regarding biological threat reduction and + cooperative biological engagement of the + Cooperative Threat Reduction Program. TITLE XIV--OTHER AUTHORIZATIONS Subtitle A--Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical agents and munitions destruction, defense. -Sec. 1403. Drug interdiction and counter-drug activities, defense. +Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. Sec. 1404. Defense Inspector General. -Sec. 1405. Defense Health Program. +Sec. 1405. Defense health program. +Sec. 1406. National defense sealift fund. Subtitle B--Other Matters +Sec. 1411. Authority for transfer of funds to joint Department of + Defense-Department of Veterans Affairs + medical facility demonstration fund for + Captain James A. Lovell Health Care Center, + Illinois. Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home. TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS + Subtitle A--Authorization of Appropriations + Sec. 1501. Purpose. -Sec. 1502. Army procurement. -Sec. 1503. Navy and Marine Corps procurement. -Sec. 1504. Air Force procurement. -Sec. 1505. Defense-wide activities procurement. -Sec. 1506. Research, development, test, and evaluation. -Sec. 1507. Operation and maintenance. -Sec. 1508. Military personnel. -Sec. 1509. Working capital funds. -Sec. 1510. Defense Health Program. -Sec. 1511. Defense Inspector General. +Sec. 1502. Procurement. +Sec. 1503. Research, development, test, and evaluation. +Sec. 1504. Operation and maintenance. +Sec. 1505. Military personnel. +Sec. 1506. Working capital funds. +Sec. 1507. Drug interdiction and counter-drug activities, defense-wide. +Sec. 1508. Defense Inspector General. +Sec. 1509. Defense Health Program. + Subtitle B--Financial Matters + +Sec. 1511. Treatment as additional authorizations. +Sec. 1512. Special transfer authority. + Subtitle C--Other Matters + +Sec. 1521. Afghanistan security forces fund. +Sec. 1522. Report on transitioning funding. TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + Subtitle A--Space Activities + +Sec. 1601. National Security Space Launch program. +Sec. 1602. Requirement to buy certain satellite component from national + technology and industrial base. +Sec. 1603. Commercial space domain awareness capabilities. +Sec. 1604. Responsive satellite infrastructure. +Sec. 1605. Policy to ensure launch of small-class payloads. +Sec. 1606. Tactically responsive space launch operations. +Sec. 1607. Limitation on availability of funds for prototype program + for multi-global navigation satellite + system receiver development. +Sec. 1608. Limitation on awarding contracts to entities operating + commercial terrestrial communication + networks that cause interference with the + Global Positioning System. +Sec. 1609. Prohibition on availability of funds for certain purposes + relating to the Global Positioning System. +Sec. 1610. Report on resilient protected communications satellites. +Sec. 1610A. Permanent personnel management authority for Space + Development Agency for experts in science + and engineering. +Sec. 1610B. Report on effect of COVID-19 on space industrial base and + space programs of Department of Defense. +Sec. 1610C. Satellite ground network frequency licensing. + Subtitle B--Defense Intelligence and Intelligence-Related Activities + +Sec. 1611. Validation of capability requirements of National + Geospatial-Intelligence Agency. +Sec. 1612. Safety of navigation mission of the National Geospatial- + Intelligence Agency. +Sec. 1613. National Academies Climate Security Roundtable. +Sec. 1614. Report on risk to national security posed by quantum + computing technologies. + Subtitle C--Cyberspace-Related Matters + +Sec. 1621. Cyber mission forces and cyberspace operations forces. +Sec. 1622. Cyberspace solarium commission. +Sec. 1623. Tailored cyberspace operations organizations. +Sec. 1624. Responsibility for the Sector Risk Management Agency + function of the Department of Defense. +Sec. 1625. Department of Defense Cyber Workforce Efforts. +Sec. 1626. Reporting requirements for cross domain compromises and + exemptions to policies for information + technology. +Sec. 1627. Assessing private-public collaboration in cybersecurity. +Sec. 1628. Cyber capabilities and interoperability of the National + Guard. +Sec. 1629. Evaluation of non-traditional cyber support to the + Department of Defense. +Sec. 1630. Establishment of integrated cyber center. +Sec. 1631. Cyber threat information collaboration environment. +Sec. 1632. Defense industrial base participation in a threat + intelligence sharing program. +Sec. 1633. Assistance for small manufacturers in the defense industrial + supply chain on matters relating to + cybersecurity. +Sec. 1634. Defense industrial base cybersecurity threat hunting and + sensing, discovery, and mitigation. +Sec. 1635. Defense Digital Service. +Sec. 1636. Limitation of funding for National Defense University. +Sec. 1637. Critical infrastructure cyber incident reporting procedures. +Sec. 1638. Funding for National Center for Hardware and Embedded + Systems Security and Trust. +Sec. 1639. Strengthening Federal networks. +Sec. 1640. DOD Cyber Hygiene and Cybersecurity Maturity Model + Certification Framework. +Sec. 1640A. Subpoena authority. +Sec. 1640B. Extension of sunset for pilot program on regional + cybersecurity training center for the Army + National Guard. +Sec. 1640C. CISA Cybersecurity Support to Agencies. +Sec. 1640D. Establishment in DHS of joint cyber planning office. +Sec. 1640E. Implementation of certain cybersecurity recommendations; + cyber hygiene and Cybersecurity Maturity + Model Certification Framework. +Sec. 1640F. Biennial national cyber exercise. + Subtitle D--Nuclear Forces + +Sec. 1641. Coordination in transfer of funds by Department of Defense + to National Nuclear Security + Administration. +Sec. 1642. Exercises of nuclear command, control, and communications + system. +Sec. 1643. Independent studies on nuclear weapons programs of certain + foreign states. +Sec. 1644. Role of Secretary of Defense and Secretary of Energy on + Nuclear Weapons Council. +Sec. 1645. Limitation on availability of funds relating to updates on + meetings held by Nuclear Weapons Council. +Sec. 1646. Briefing on nuclear weapons storage and maintenance + facilities of the Air Force. + Subtitle E--Missile Defense Programs + +Sec. 1651. Extension and modification of requirement for Comptroller + General of the United States review and + assessment of missile defense acquisition + programs. +Sec. 1652. Extension of transition of ballistic missile defense + programs to military departments. +Sec. 1653. Development of hypersonic and ballistic missile tracking + space sensor payload. +Sec. 1654. Annual certification on hypersonic and ballistic missile + tracking space sensor payload. +Sec. 1655. Alignment of the Missile Defense Agency within the + Department of Defense. +Sec. 1656. Analysis of alternatives for homeland missile defense + missions. +Sec. 1657. Next generation interceptors. +Sec. 1658. Oversight of next generation interceptor program. +Sec. 1659. Missile defense cooperation between the United States and + Israel. +Sec. 1660. Report on defense of Guam from integrated air and missile + threats. +Sec. 1661. Report on cruise missile defense. + Subtitle F--Other Matters + +Sec. 1671. Conventional prompt global strike. +Sec. 1672. Submission of reports under Missile Defense Review and + Nuclear Posture Review. +Sec. 1673. Report on consideration of risks of inadvertent escalation + to nuclear war. +Sec. 1674. Limitation on availability of funds relating to reports on + missile systems and arms control treaties. +Sec. 1675. Cybersecurity and Infrastructure Security Agency review. + TITLE XVII--REPORTS AND OTHER MATTERS + + Subtitle A--Studies and Reports + +Sec. 1701. Review of support of special operations to combat terrorism. +Sec. 1702. FFRDC study of explosive ordnance disposal agencies. +Sec. 1703. Report on the Human Rights Office at United States Southern + Command. +Sec. 1704. Report on joint training range exercises for the Pacific + region. +Sec. 1705. Study on Chinese policies and influence in the development + of international standards for emerging + technologies. +Sec. 1706. Sense of Congress and strategy on catastrophic critical + infrastructure failure response. +Sec. 1707. GAO study on the school-to-prison pipeline. +Sec. 1708. Department of Veterans Affairs report on unclaimed property. +Sec. 1709. Report regarding veterans who receive benefits under laws + administered by the Secretary of Veterans + Affairs. +Sec. 1710. GAO report on ZTE compliance with settlement agreement. +Sec. 1710A. GAO study of cybersecurity insurance. +Sec. 1710B. Report on recognition of African American servicemembers in + Department of Defense naming practices. +Sec. 1710C. Report on Government police training and equipping + programs. +Sec. 1710D. Deepfake report. +Sec. 1710E. Study on unemployment rate of women veterans who served on + active duty in the Armed Forces after + September 11, 2001. +Sec. 1710F. Report on the Oklahoma City National Memorial. +Sec. 1710G. Reports on military service academies. +Sec. 1710H. Independent study on identifying and addressing threats + that individually or collectively affect + national security, financial security, or + both. +Sec. 1710I. Maritime security and domain awareness. +Sec. 1710J. Comptroller General report on Department of Defense + processes for responding to congressional + reporting requirements. +Sec. 1710K. Report on predatory social media and the military + community. +Sec. 1710L. Report on transforming business processes for revolutionary + change. +Sec. 1710M. Review and Report of experimentation with ticks and + insects. +Sec. 1710N. Report on agile program and project management. + Subtitle B--Electronic Message Preservation + +Sec. 1711. Short title. +Sec. 1712. Preservation of electronic messages and other records. +Sec. 1713. Presidential records. + Subtitle C--Space Technology Advancement Report (STAR) Act of 2020 + +Sec. 1721. Short title. +Sec. 1722. Findings. +Sec. 1723. Report; strategy. + Subtitle D--AMBER Alert Nationwide + +Sec. 1731. Cooperation with Department of Homeland Security. +Sec. 1732. AMBER Alerts along major transportation routes. +Sec. 1733. AMBER Alert communication plans in the territories. +Sec. 1734. Government Accountability Office report. + Subtitle E--Other Matters + +Sec. 1741. Technical, conforming, and clerical amendments. +Sec. 1742. Addition of Chief of the National Guard Bureau to the list + of officers providing reports of unfunded + priorities. +Sec. 1743. Acceptance of property by military academies and museums. +Sec. 1744. Reauthorization of National Oceanographic Partnership + Program. +Sec. 1745. Requirements relating to program and project management. +Sec. 1746. Quarterly briefings on Joint All Domain Command and Control + concept. +Sec. 1747. Resources to implement a Department of Defense policy on + civilian casualties in connection with + United States military operations. +Sec. 1748. Sense of Congress regarding reporting of civilian casualties + resulting from United States military + operations. +Sec. 1749. Prohibition of public display of Confederate battle flag on + Department of Defense property. +Sec. 1750. Deployment of real-time status of special use airspace. +Sec. 1751. Duties of Secretary under Uniformed and Overseas Citizens + Absentee Voting Act. +Sec. 1752. Publicly available database of casualties of members of the + Armed Forces. +Sec. 1753. Notice and comment for proposed actions of the Secretary of + Defense relating to food and beverage + ingredients. +Sec. 1754. Space strategies and assessment. +Sec. 1755. Nonimmigrant status for certain nationals of Portugal. +Sec. 1756. Sense of Congress on extension of limitations on importation + of uranium from Russian Federation. +Sec. 1757. Authority to establish a movement coordination center + pacific in the Indopacific region. +Sec. 1758. Establishment of vetting procedures and monitoring + requirements for certain military training. +Sec. 1759. Women, Peace, and Security Act implementation. +Sec. 1760. Developing crisis capabilities to meet needs for homeland + security-critical supplies. +Sec. 1761. Establishment of western emergency refined petroleum + products reserve. +Sec. 1762. Foreign state computer intrusions. +Sec. 1763. Online and distance education classes and nonimmigrant + visas. +Sec. 1764. Transfer of Mare Island Naval Cemetery to Secretary of + Veterans Affairs for maintenance by + National Cemetery Administration. +Sec. 1765. Mitigation of helicopter noise. +Sec. 1766. Department of Defense support for certain sporting events. +Sec. 1767. Pilot program for online real estate inventory tool. +Sec. 1768. Establishment of Southern New England Regional Commission. +Sec. 1769. FedRamp Authorization Act. +Sec. 1770. Taxpayers Right-To-Know Act. +Sec. 1771. Building United States capacity for verification and + manufacturing of advanced microelectronics. +Sec. 1772. Threshold for reporting additions to toxics release + inventory. +Sec. 1773. Hemp products. +Sec. 1774. Exemption from Paperwork Reduction Act. +Sec. 1775. Support for the designation of National Borinqueneers Day. +Sec. 1776. Temporary relief for private student loan borrowers. +Sec. 1777. Support for national maritime heritage grants program. +Sec. 1778. Extension of time to review World War I Valor Medals. +Sec. 1779. Ensuring Chinese debt transparency. +Sec. 1780. Strategy to secure email. +Sec. 1781. Report on threat posed by domestic terrorists. +Sec. 1782. Domestic procurement of tungsten and tungsten powder. +Sec. 1783. Department of defense mechanism for provision of dissenting + views. +Sec. 1784. Sector Risk Management Agencies. +Sec. 1785. Integration of members of the Armed Forces who are + minorities. +Sec. 1786. Policy on conscious and unconscious gender bias. +Sec. 1787. Protections for pregnant members of the Armed Forces. +Sec. 1788. Release of Department of Defense documents on the 1981 El + Mozote massacre in El Salvador. +Sec. 1789. Study and establishment of the Assistant Deputy Secretary + for Environment and Resilience. +Sec. 1790. Expansion of eligibility for HUD-VASH. +Sec. 1791. Waiver authority with respect to institutions located in an + area affected by Hurricane Maria. +Sec. 1792. Credit monitoring. +Sec. 1793. Department of Homeland Security CISA Director term + limitation. +Sec. 1794. Workforce issues for military realignments in the Pacific. +Sec. 1795. Inclusion on the Vietnam Veterans Memorial Wall of the names + of the lost crew members of the U.S.S. + Frank E. Evans killed on June 3, 1969. +Sec. 1796. Study on viability of seawater mining for critical minerals. +Sec. 1797. Restrictions on Confucius Institutes. +Sec. 1798. Disclosure requirement. +Sec. 1799. Increased realism and training effectiveness for airborne + anti-submarine warfare training at offshore + training ranges. +Sec. 1800. Review of use of innovative wood product technology. +Sec. 1801. Strategy to increase participation in international military + education and training programs. +Sec. 1802. Establishment of Office of Cyber Engagement of the + Department of Veterans Affairs. +Sec. 1803. Certified notice at completion of an assessment. +Sec. 1804. Department of Homeland Security acquisition documentation. +Sec. 1805. Large-scale non-intrusive inspection scanning plan. +Sec. 1806. National supply chain database. +Sec. 1807. Coordination with Hollings Manufacturing Extension + Partnership Centers. +Sec. 1808. COVID-19 Emergency Medical Supplies Enhancement. +Sec. 1809. Prohibition on provision of grant funds to entities that + have violated intellectual property rights + of United States entities. +Sec. 1810. Disclosure of imports from the Xinjiang Uyghur Autonomous + Region. +Sec. 1811. Ted Stevens Center for Arctic Security Studies. +Sec. 1812. Payments for private education loan borrowers, as a result + of COVID-19. + Subtitle F--Semiconductor Manufacturing Incentives + +Sec. 1821. Semiconductor incentive grants. +Sec. 1822. Department of Commerce study on status of semiconductors + technologies in the United States + industrial base. +Sec. 1823. Funding for development and adoption of secure semiconductor + and secure semiconductor supply chains. +Sec. 1824. Advanced semiconductor research and design. +Sec. 1825. Prohibition relating to foreign entities of concern. + Subtitle G--Biliteracy Education Seal and Teaching Act + +Sec. 1831. Short title. +Sec. 1832. Findings. +Sec. 1833. Definitions. +Sec. 1834. Grants for State Seal of Biliteracy programs. + Subtitle H--Accountability for World Bank Loans to China + +Sec. 1841. Short title. +Sec. 1842. Findings. +Sec. 1843. United States support for graduation of China from World + Bank assistance. +Sec. 1844. Accountability for World Bank loans to the People's Republic + of China. +Sec. 1845. Ensuring debt transparency with respect to the Belt and Road + Initiative. + Subtitle I--Employment Fairness for Taiwan + +Sec. 1851. Short title. +Sec. 1852. Sense of the Congress. +Sec. 1853. Fairness for Taiwan nationals regarding employment at + international financial institutions. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. @@ -112,25 +1898,42 @@ Sec. 2003. Effective date. Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. +Sec. 2104. Limitation on military construction project at Kwajalein + Atoll. +Sec. 2105. Modification of authority to carry out certain fiscal year + 2017 project. TITLE XXII--NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. -Sec. 2202. Family housing. -Sec. 2203. Improvements to military family housing units. -Sec. 2204. Authorization of appropriations, Navy. +Sec. 2202. Family housing and improvements to military family housing + units. +Sec. 2203. Authorization of appropriations, Navy. TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. -Sec. 2302. Family housing. -Sec. 2303. Improvements to military family housing units. -Sec. 2304. Authorization of appropriations, Air Force. +Sec. 2302. Family housing and improvements to military family housing + units. +Sec. 2303. Authorization of appropriations, Air Force. +Sec. 2304. Modification of authority to carry out certain fiscal year + 2018 project. +Sec. 2305. Modification of authority to carry out certain fiscal year + 2019 projects. +Sec. 2306. Modification of authority to carry out certain fiscal year + 2020 projects. +Sec. 2307. Technical corrections related to authority to carry out + certain fiscal year 2020 family housing + projects. TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION -Sec. 2401. Authorized defense agencies construction and land +Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. -Sec. 2402. Authorized energy conservation projects. -Sec. 2403. Authorization of appropriations, defense agencies. +Sec. 2402. Authorized Energy Resilience and Conservation Investment + Program projects. +Sec. 2403. Authorization of appropriations, Defense Agencies. +Sec. 2404. Military construction infrastructure and weapon system + synchronization for Ground Based Strategic + Deterrent. TITLE XXV--INTERNATIONAL PROGRAMS Subtitle A--North Atlantic Treaty Organization Security Investment @@ -141,6 +1944,7 @@ Sec. 2502. Authorization of appropriations, NATO. Subtitle B--Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. +Sec. 2512. State of Qatar funded construction projects. TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land @@ -154,919 +1958,81467 @@ Sec. 2604. Authorized Air National Guard construction and land Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. +Sec. 2607. Modification of authority to carry out certain fiscal year + 2020 project. TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account. + TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS + + Subtitle A--Military Construction Program Changes + +Sec. 2801. Modification and clarification of construction authority in + the event of a declaration of war or + national emergency. +Sec. 2802. Extension of sunset for annual locality adjustment of dollar + thresholds applicable to unspecified minor + military construction authorities. +Sec. 2803. Modification of reporting requirement regarding cost + increases associated with certain military + construction projects and military family + housing projects. +Sec. 2804. Expansion of Department of Defense land exchange authority. +Sec. 2805. Congressional project authorization required for military + construction projects for energy + resilience, energy security, and energy + conservation. +Sec. 2806. One-year extension of temporary, limited authority to use + operation and maintenance funds for + construction projects in certain areas + outside the United States. +Sec. 2807. Pilot Program to support combatant command military + construction priorities. +Sec. 2808. Biannual report regarding military installations supported + by disaster relief appropriations. + Subtitle B--Military Family Housing Reforms + +Sec. 2811. Expenditure priorities in using Department of Defense Family + Housing Improvement Fund. +Sec. 2812. Promulgation of guidance to facilitate return of military + families displaced from privatized military + housing. +Sec. 2813. Promulgation of guidance on mold mitigation in privatized + military housing. +Sec. 2814. Expansion of uniform code of basic standards for privatized + military housing and hazard and + habitability inspection and assessment + requirements to Government-owned and + Government-controlled military family + housing. +Sec. 2815. Establishment of Exceptional Family Member Program housing + liaison. +Sec. 2816. Department of Defense report on criteria and metrics used to + evaluate performance of landlords of + privatized military housing that receive + incentive fees. +Sec. 2817. Report on Department of Defense efforts regarding oversight + and role in management of privatized + military housing. +Sec. 2818. Improved Department of Defense and landlord response to + identification and remediation of severe + environmental health hazards in military + housing. +Sec. 2819. Inclusion of assessment of performance metrics in annual + publication on use of incentive fees for + privatized military housing projects. + Subtitle C--Real Property and Facilities Administration + +Sec. 2821. Codification of reporting requirements regarding United + States overseas military enduring locations + and contingency locations. +Sec. 2822. Limitations on renewal of utility privatization contracts. +Sec. 2823. Vesting exercise of discretion with Service Secretaries + regarding entering into longer-term + contracts for utility services. +Sec. 2824. Use of on-site energy production to promote military + installation energy resilience and energy + security. +Sec. 2825. Availability of Energy Resilience and Conservation + Investment Program funds for certain + activities related to privatized utility + systems. +Sec. 2826. Improving water management and security on military + installations. +Sec. 2827. Pilot program to test use of emergency diesel generators in + a microgrid configuration at certain + military installations. +Sec. 2828. Improved electrical metering of Department of Defense + infrastructure supporting critical + missions. +Sec. 2829. Renaming certain military installations and other defense + property. + Subtitle D--Land Conveyances + +Sec. 2831. Land conveyance, Camp Navajo, Arizona. +Sec. 2832. Modification of land exchange involving Naval Industrial + Reserve Ordnance Plant, Sunnyvale, + California. +Sec. 2833. Land conveyance, Sharpe Army Depot, lathrop, California. +Sec. 2834. Land exchange, San Bernardino County, California. +Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System + receiving station, Modoc County, + California. +Sec. 2836. Transfer of administrative jurisdiction, Naval Support + Activity Panama City, Florida, parcel. +Sec. 2837. Land conveyance, Milan Army Ammunition Plant, Tennessee. + Subtitle E--Military Land Withdrawals + +Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval + Air Facility, El Centro, California. +Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and + reservation. +Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal + and reservation. +Sec. 2844. Additional requirements regarding Nevada Test and Training + Range. +Sec. 2845. Specified duration of White Sands Missile Range land + withdrawal and reservation and + establishment of special reservation area + for northern and western extension areas. +Sec. 2846. Grand Canyon Centennial Protection Act. + Subtitle F--Asia-Pacific and Indo-Pacific Issues + +Sec. 2851. Change to biennial reporting requirement for Interagency + Coordination Group of Inspectors General + for Guam Realignment. +Sec. 2852. Additional exception to restriction on development of public + infrastructure in connection with + realignment of Marine Corps forces in Asia- + Pacific region. +Sec. 2853. Development of master plan for infrastructure to support + rotational Armed Forces in Australia. +Sec. 2854. Study and strategy regarding bulk fuels management in United + States Indo-Pacific Command Area of + Responsibility. +Sec. 2855. Department of Defense report on easements and leased lands + in Hawai`i. + Subtitle G--Other Matters + +Sec. 2861. Defense Community Infrastructure Program. +Sec. 2862. Pilot program on reduction of effects of military aviation + noise on certain covered property. +Sec. 2863. Department of Defense policy for regulation of dangerous + dogs in military communities. +Sec. 2864. Responsibility of Navy for military construction + requirements for certain Fleet Readiness + Centers. TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION Sec. 2901. Authorized Navy construction and land acquisition projects. Sec. 2902. Authorized Air Force construction and land acquisition projects. Sec. 2903. Authorization of appropriations. + DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND + OTHER AUTHORIZATIONS - DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS + TITLE XXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS - TITLE I--PROCUREMENT + Subtitle A--National Security Programs and Authorizations - Subtitle A--Authorization of Appropriations +Sec. 3101. National Nuclear Security Administration. +Sec. 3102. Defense environmental cleanup. +Sec. 3103. Other defense activities. +Sec. 3104. Nuclear energy. + Subtitle B--Program Authorizations, Restrictions, Limitations, and + Other Matters -SEC. 101. ARMY. +Sec. 3111. Nuclear warhead acquisition processes. +Sec. 3112. Uncosted and unobligated amounts of National Nuclear + Security Administration. +Sec. 3113. Extension of limitation relating to reclassification of + high-level waste. +Sec. 3114. Extension of pilot program on unavailability for overhead + costs of amounts specified for laboratory- + directed research and development. +Sec. 3115. Plutonium pit production. +Sec. 3116. Program for research and development of advanced naval + nuclear fuel system based on low-enriched + uranium. +Sec. 3117. Independent study on effects of use of nuclear weapons. +Sec. 3118. Reports on diversity of certain contractor employees of + National Nuclear Security Administration. +Sec. 3119. Findings, purpose, and apology relating to fallout emitted + during the Government's atmospheric nuclear + tests. +Sec. 3120. Sense of Congress regarding uranium mining and nuclear + testing. +Sec. 3121. Prohibition on use of funds for nuclear weapons test + explosions. +Sec. 3122. Sense of Congress on the Energy Employees Occupational + Illness Compensation Program. + TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD - Funds are hereby authorized to be appropriated for fiscal year 2021 -for procurement for the Army as follows: - (1) For aircraft, $3,074,594,000. - (2) For missiles, $3,491,507,000. - (3) For ammunition, $2,777,716,000. - (4) For weapons and tracked combat vehicles, - $3,696,740,000. - (5) For other procurement, $8,625,206,000. +Sec. 3201. Authorization. + TITLE XXXIV--NAVAL PETROLEUM RESERVES -SEC. 102. NAVY AND MARINE CORPS. +Sec. 3401. Authorization of appropriations. + TITLE XXXV--MARITIME MATTERS - Funds are hereby authorized to be appropriated for fiscal year 2021 -for procurement for the Navy and Marine Corps as follows: - (1) For aircraft, $17,127,378,000. - (2) For shipbuilding and conversion, $19,902,757,000. - (3) For ammunition procurement, Navy and Marine Corps, - $883,602,000. - (4) For weapons, $4,884,995,000. - (5) For other procurement, $10,948,518,000. - (6) For procurement, Marine Corps, $2,903,976,000. + Subtitle A--Maritime Administration -SEC. 103. AIR FORCE AND SPACE FORCE. +Sec. 3501. Authorization of the Maritime Administration. +Sec. 3502. Sense of Congress regarding role of domestic maritime + industry in national security. +Sec. 3503. Nonapplicability of requirement relating to minimum number + of operating days for vessels operating + under MSP Operating Agreements. +Sec. 3504. Improvements to process for waiving navigation and vessel- + inspection laws. +Sec. 3505. Maritime transportation system emergency relief program. +Sec. 3506. Centers of excellence for domestic maritime workforce + training and education: technical + amendments. +Sec. 3507. Merchant mariner education loan program. +Sec. 3508. Assistance for inland and small coastal ports and terminals. +Sec. 3509. National Shipper Advisory Committee. +Sec. 3510. Sea year cadets on cable security fleet and tanker security + fleet vessels. +Sec. 3510A. Superintendent of the United States Merchant Marine + Academy. +Sec. 3510B. Maritime academy information. +Sec. 3510C. Mariner licensing and credentialing. +Sec. 3510D. National Shipper Advisory Committee. + Subtitle B--Tanker Security Fleet - Funds are hereby authorized to be appropriated for fiscal year 2021 -for procurement for the Air Force and Space Force as follows: - (1) For aircraft, $17,908,145,000. - (2) For missiles, $2,396,417,000. - (3) For ammunition, $596,338,000. - (4) For other procurement, $23,695,720,000. +Sec. 3511. Tanker Security Fleet. + TITLE XXXVI--FARM AND RANCH MENTAL HEALTH - TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION +Sec. 3601. Public service announcement campaign to address farm and + ranch mental health. +Sec. 3602. Employee training program to manage farmer and rancher + stress. +Sec. 3603. Task force for assessment of causes of mental stress and + best practices for response. + DIVISION D--FUNDING TABLES -SEC. 201. AUTHORIZATION OF APPROPRIATIONS. +Sec. 4001. Authorization of amounts in funding tables. + TITLE XLI--PROCUREMENT - Funds are hereby authorized to be appropriated for fiscal year 2021 -for the use of the Department of Defense for research, development, -test, and evaluation as follows: - (1) For the Army, $12,587,343,000. - (2) For the Navy, $21,427,048,000. - (3) For the Air Force, $37,391,826,000. - (4) For the Space Force, $10,327,595,000. - (5) For Defense-wide activities, $24,280,891,000. - (6) For the Director of Operational Test and Evaluation, - $210,090,000. +Sec. 4101. Procurement. +Sec. 4102. Procurement for overseas contingency operations. + TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION - TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS +Sec. 4201. Research, development, test, and evaluation. +Sec. 4202. Research, development, test, and evaluation for overseas + contingency operations. + TITLE XLIII--OPERATION AND MAINTENANCE - Subtitle A--Active Forces +Sec. 4301. Operation and maintenance. +Sec. 4302. Operation and maintenance for overseas contingency + operations. + TITLE XLIV--MILITARY PERSONNEL -SEC. 401. END STRENGTHS FOR ACTIVE FORCES. +Sec. 4401. Military personnel. +Sec. 4402. Military personnel for overseas contingency operations. + TITLE XLV--OTHER AUTHORIZATIONS - The Armed Forces are authorized strengths for active duty personnel -as of September 30, 2021, as follows: - (1) The Army, 485,900. - (2) The Navy, 347,800. - (3) The Marine Corps, 184,100. - (4) The Air Force, 327,266. - (5) The Space Force, 6,434. +Sec. 4501. Other authorizations. +Sec. 4502. Other authorizations for overseas contingency operations. + TITLE XLVI--MILITARY CONSTRUCTION - Subtitle B--Reserve Forces +Sec. 4601. Military construction. +Sec. 4602. Military construction for overseas contingency operations. + TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS -SEC. 411. END STRENGTHS FOR SELECTED RESERVE. +Sec. 4701. Department of energy national security programs. + DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020 - (a) In General.--The Armed Forces are authorized strengths for -Selected Reserve personnel of the reserve components as of September -30, 2021, as follows: - (1) The Army National Guard of the United States, 336,500. - (2) The Army Reserve, 189,800. - (3) The Navy Reserve, 58,800. - (4) The Marine Corps Reserve, 38,500. - (5) The Air National Guard of the United States, 108,100. - (6) The Air Force Reserve, 70,300. - (7) The Coast Guard Reserve, 7,000. - (b) End Strength Reductions.--The end strengths prescribed by -subsection (a) for the Selected Reserve of any reserve component shall -be proportionately reduced by-- - (1) the total authorized strength of units organized to - serve as units of the Selected Reserve of such component which - are on active duty (other than for training) at the end of the - fiscal year; and - (2) the total number of individual members not in units - organized to serve as units of the Selected Reserve of such - component who are on active duty (other than for training or - for unsatisfactory participation in training) without their - consent at the end of the fiscal year. - (c) End Strength Increases.--Whenever units or individual members -of the Selected Reserve for any reserve component are released from -active duty during any fiscal year, the end strength prescribed for -such fiscal year for the Selected Reserve of such reserve component -shall be increased proportionately by the total authorized strengths of -such units and by the total number of such individual members. +Sec. 5001. Short title. +Sec. 5002. Findings. +Sec. 5003. Definitions. + TITLE I--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE -SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE - RESERVES. +Sec. 5101. National Artificial Intelligence Initiative. +Sec. 5102. National Artificial Intelligence Initiative Office. +Sec. 5103. Coordination by Interagency Committee. +Sec. 5104. National Artificial Intelligence Advisory Committee. +Sec. 5105. National Academies artificial intelligence impact study on + workforce. +Sec. 5106. GAO report on computational needs. +Sec. 5107. National AI Research Resource Task Force. +Sec. 5108. Sense of Congress. +Sec. 5109. Rule of construction regarding ethical artificial + intelligence. + TITLE II--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES - Within the end strengths prescribed in section 411(a), the reserve -components of the Armed Forces are authorized, as of September 30, -2021, the following number of Reserves to be serving on full-time -active duty or full-time duty, in the case of members of the National -Guard, for the purpose of organizing, administering, recruiting, -instructing, or training the reserve components: - (1) The Army National Guard of the United States, 30,595. - (2) The Army Reserve, 16,511. - (3) The Navy Reserve, 10,215. - (4) The Marine Corps Reserve, 2,386. - (5) The Air National Guard of the United States, 25,333. - (6) The Air Force Reserve, 5,256. +Sec. 5201. National Artificial Intelligence Research Institutes. + TITLE III--DEPARTMENT OF COMMERCE -SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). +Sec. 5301. National Institute of Standards and Technology activities. +Sec. 5302. National Oceanic and Atmospheric Administration Artificial + Intelligence Center. + TITLE IV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE + ACTIVITIES - The minimum number of military technicians (dual status) as of the -last day of fiscal year 2021 for the reserve components of the Army and -the Air Force (notwithstanding section 129 of title 10, United States -Code) shall be the following: - (1) For the Army National Guard of the United States, - 22,294. - (2) For the Army Reserve, 6,492. - (3) For the Air National Guard of the United States, - 10,994. - (4) For the Air Force Reserve, 7,947. +Sec. 5401. Artificial intelligence research and education. + TITLE V--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM -SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON - ACTIVE DUTY FOR OPERATIONAL SUPPORT. +Sec. 5501. Department of Energy Artificial Intelligence Research + Program. +Sec. 5502. Department of Energy Veterans' Health Initiative. + DIVISION F--CORPORATE TRANSPARENCY ACT OF 2019 - During fiscal year 2021, the maximum number of members of the -reserve components of the Armed Forces who may be serving at any time -on full-time operational support duty under section 115(b) of title 10, -United States Code, is the following: - (1) The Army National Guard of the United States, 17,000. - (2) The Army Reserve, 13,000. - (3) The Navy Reserve, 6,200. - (4) The Marine Corps Reserve, 3,000. - (5) The Air National Guard of the United States, 16,000. - (6) The Air Force Reserve, 14,000. +Sec. 6001. Short title. +Sec. 6002. Findings. +Sec. 6003. Transparent incorporation practices. +Sec. 6004. Studies and reports. +Sec. 6005. Definitions. + DIVISION G--COUNTER ACT OF 2019 - Subtitle C--Authorization of Appropriations +Sec. 7001. Short title. +Sec. 7002. Bank Secrecy Act definition. + TITLE I--STRENGTHENING TREASURY -SEC. 421. MILITARY PERSONNEL. +Sec. 7101. Improving the definition and purpose of the Bank Secrecy + Act. +Sec. 7102. Special hiring authority. +Sec. 7103. Civil Liberties and Privacy Officer. +Sec. 7104. Civil Liberties and Privacy Council. +Sec. 7105. International coordination. +Sec. 7106. Treasury Attaches Program. +Sec. 7107. Increasing technical assistance for international + cooperation. +Sec. 7108. FinCEN Domestic Liaisons. +Sec. 7109. FinCEN Exchange. +Sec. 7110. Study and strategy on trade-based money laundering. +Sec. 7111. Study and strategy on de-risking. +Sec. 7112. AML examination authority delegation study. +Sec. 7113. Study and strategy on Chinese money laundering. + TITLE II--IMPROVING AML/CFT OVERSIGHT - There is hereby authorized to be appropriated for military -personnel for fiscal year 2021 a total of $150,524,104,000. +Sec. 7201. Pilot program on sharing of suspicious activity reports + within a financial group. +Sec. 7202. Sharing of compliance resources. +Sec. 7203. GAO Study on feedback loops. +Sec. 7204. FinCEN study on BSA value. +Sec. 7205. Sharing of threat pattern and trend information. +Sec. 7206. Modernization and upgrading whistleblower protections. +Sec. 7207. Certain violators barred from serving on boards of United + States financial institutions. +Sec. 7208. Additional damages for repeat Bank Secrecy Act violators. +Sec. 7209. Justice annual report on deferred and non-prosecution + agreements. +Sec. 7210. Return of profits and bonuses. +Sec. 7211. Application of Bank Secrecy Act to dealers in antiquities. +Sec. 7212. Geographic targeting order. +Sec. 7213. Study and revisions to currency transaction reports and + suspicious activity reports. +Sec. 7214. Streamlining requirements for currency transaction reports + and suspicious activity reports. + TITLE III--MODERNIZING THE AML SYSTEM - TITLE XIV--OTHER AUTHORIZATIONS +Sec. 7301. Encouraging innovation in BSA compliance. +Sec. 7302. Innovation Labs. +Sec. 7303. Innovation Council. +Sec. 7304. Testing methods rulemaking. +Sec. 7305. FinCEN study on use of emerging technologies. +Sec. 7306. Discretionary surplus funds. + DIVISION H--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020 - Subtitle A--Military Programs +Sec. 101. Short title. +Sec. 102. Definition of Commandant. + TITLE I--AUTHORIZATIONS -SEC. 1401. WORKING CAPITAL FUNDS. +Sec. 8001. Authorizations of appropriations. +Sec. 8002. Authorized levels of military strength and training. +Sec. 8003. Determination of budgetary effects. +Sec. 8004. Availability of amounts for acquisition of additional + National Security Cutter. +Sec. 8005. Procurement authority for Polar Security Cutters. +Sec. 8006. Sense of the Congress on need for new Great Lakes + icebreaker. +Sec. 8007. Procurement authority for Great Lakes icebreaker. +Sec. 8008. Polar Security Cutter acquisition report. +Sec. 8009. Shoreside infrastructure. +Sec. 8010. Major acquisition systems infrastructure. +Sec. 8011. Polar icebreakers. +Sec. 8012. Acquisition of fast response cutter. + TITLE II--COAST GUARD - Funds are hereby authorized to be appropriated for fiscal year 2021 -for the use of the Armed Forces and other activities and agencies of -the Department of Defense for providing capital for working capital and -revolving funds in the amount of $1,348,910,000. + Subtitle A--Military Personnel Matters -SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. +Sec. 9101. Grade on retirement. +Sec. 9102. Authority for officers to opt out of promotion board + consideration. +Sec. 9103. Temporary promotion authority for officers in certain grades + with critical skills. +Sec. 9104. Career intermission program. +Sec. 9105. Direct commissioning authority for individuals with critical + skills. +Sec. 9106. Employment assistance. + Subtitle B--Organization and Management Matters - (a) Authorization of Appropriations.--Funds are hereby authorized -to be appropriated for the Department of Defense for fiscal year 2021 -for expenses, not otherwise provided for, for Chemical Agents and -Munitions Destruction, Defense, in the amount of $889,500,000 of -which-- - (1) $106,691,000 is for Operation and Maintenance; - (2) $782,193,000 is for Research, Development, Test, and - Evaluation; and - (3) $616,000 is for Procurement. - (b) Use.--Amounts authorized to be appropriated under subsection -(a) are authorized for-- - (1) the destruction of lethal chemical agents and munitions - in accordance with section 1412 of the Department of Defense - Authorization Act, 1986 (50 U.S.C. 1521); and - (2) the destruction of chemical warfare materiel of the - United States that is not covered by section 1412 of such Act. +Sec. 9201. Congressional affairs; Director. +Sec. 9202. Limitations on claims. +Sec. 9203. Renewal of temporary early retirement authority. +Sec. 9204. Major acquisitions; operation and sustainment costs. +Sec. 9205. Support of women serving in the Coast Guard. +Sec. 9206. Disposition of infrastructure related to E-LORAN. +Sec. 9207. Positions of importance and responsibility. +Sec. 9208. Research projects; transactions other than contracts and + grants. +Sec. 9209. Acquisition workforce authorities. +Sec. 9210. Vessel conversion, alteration, and repair projects. +Sec. 9211. Modification of acquisition process and procedures. +Sec. 9212. Establishment and purpose of Fund; definition. +Sec. 9213. Payments from Fund. +Sec. 9214. Determination of contributions to Fund. +Sec. 9215. Payments into Fund. + Subtitle C--Access to Child Care for Coast Guard Families -SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE. +Sec. 9301. Report on child care and school-age care assistance for + qualified families. +Sec. 9302. Review of family support services website and online + tracking system. +Sec. 9303. Study and survey on Coast Guard child care needs. +Sec. 9304. Pilot program to expand access to child care. +Sec. 9305. Improvements to Coast Guard-owned family housing. +Sec. 9306. Briefing on transfer of family child care provider + qualifications and certifications. +Sec. 9307. Inspections of Coast Guard child development centers and + family child care providers. +Sec. 9308. Expanding opportunities for family child care. +Sec. 9309. Definitions. + Subtitle D--Reports - Funds are hereby authorized to be appropriated for the Department -of Defense for fiscal year 2021 for expenses, not otherwise provided -for, for Drug Interdiction and Counter-Drug Activities, Defense, in the -amount of $769,629,000. +Sec. 9401. Modifications of certain reporting requirements. +Sec. 9402. Report on cybersecurity workforce. +Sec. 9403. Report on navigation and bridge resource management. +Sec. 9404. Report on helicopter life-cycle support and + recapitalization. +Sec. 9405. Report on Coast Guard response capabilities for cyber + incidents on vessels entering ports or + waters of the United States. +Sec. 9406. Study and report on Coast Guard interdiction of illicit + drugs in transit zones. +Sec. 9407. Report on liability limits set in section 1004 of the Oil + Pollution Act of 1990. +Sec. 9408. Report on Coast Guard defense readiness resources + allocation. +Sec. 9409. Report on the feasibility of liquefied natural gas fueled + vessels. +Sec. 9410. Coast Guard authorities study. +Sec. 9411. Report on effects of climate change on Coast Guard. +Sec. 9412. Shore infrastructure. +Sec. 9413. Coast Guard housing; status and authorities briefing. +Sec. 9414. Physical access control system report. +Sec. 9415. Study on Certificate of Compliance inspection program with + respect to vessels that carry bulk + liquefied gases as cargo and liquefied + natural gas tank vessels. +Sec. 9416. Comptroller General of the United States review and report + on Coast Guard's International Port + Security Program. +Sec. 9417. Comptroller General of the United States review and report + on surge capacity of the Coast Guard. +Sec. 9418. Comptroller General of the United States review and report + on marine inspections program of Coast + Guard. +Sec. 9419. Comptroller General of the United States review and report + on information technology program of Coast + Guard. +Sec. 9420. Comptroller General of the United States study and report on + access to health care by members of Coast + Guard and dependents. +Sec. 9421. Comptroller General of the United States study and report on + medical staffing standards and needs for + Coast Guard. +Sec. 9422. Report on fast response cutters, offshore patrol cutters, + and national security cutters. + Subtitle E--Coast Guard Academy Improvement Act -SEC. 1404. DEFENSE INSPECTOR GENERAL. +Sec. 9501. Short title. +Sec. 9502. Coast Guard Academy study. +Sec. 9503. Annual report. +Sec. 9504. Assessment of Coast Guard Academy admission processes. +Sec. 9505. Coast Guard Academy minority outreach team program. +Sec. 9506. Coast Guard college student pre-commissioning initiative. +Sec. 9507. Annual board of visitors. +Sec. 9508. Homeland Security rotational cybersecurity research program + at Coast Guard Academy. + Subtitle F--Other Matters - Funds are hereby authorized to be appropriated for the Department -of Defense for fiscal year 2021 for expenses, not otherwise provided -for, for the Office of the Inspector General of the Department of -Defense, in the amount of $371,439,000 of which-- - (1) $369,483,000 is for Operation and Maintenance; - (2) $1,098,000 is for Research, Development, Test and - Evaluation; and - (3) $858,000 is for Procurement. +Sec. 9601. Strategy on leadership of Coast Guard. +Sec. 9602. Expedited transfer in cases of sexual assault; dependents of + members of the Coast Guard. +Sec. 9603. Access to resources during creosote-related building + closures at Coast Guard Base Seattle, + Washington. +Sec. 9604. Southern resident orca conservation and enforcement. +Sec. 9605. Sense of Congress and report on implementation of policy on + issuance of warrants and subpoenas and + whistleblower protections by agents of the + Coast Guard Investigative Service. +Sec. 9606. Inspector General report on access to Equal Opportunity + Advisors and Equal Employment Opportunity + Specialists. +Sec. 9607. Insider Threat Program. + TITLE III--MARITIME -SEC. 1405. DEFENSE HEALTH PROGRAM. + Subtitle A--Navigation - Funds are hereby authorized to be appropriated for the Department -of Defense for fiscal year 2021 for expenses, not otherwise provided -for, for the Defense Health Program, in the amount of $32,690,372,000 -of which-- - (1) $31,349,553,000 is for Operation and Maintenance; - (2) $562,465,000 is for Research, Development, Test, and - Evaluation; - (3) $617,926,000 is for Procurement; and - (4) $160,428,000 is for Software and Digital Technology - Pilot Programs. +Sec. 10101. Electronic charts; equivalency. +Sec. 10102. Subrogated claims. +Sec. 10103. Loan provisions under Oil Pollution Act of 1990. +Sec. 10104. Oil pollution research and development program. +Sec. 10105. Limited indemnity provisions in standby oil spill response + contracts. + Subtitle B--Shipping - Subtitle B--Other Matters +Sec. 10201. Passenger vessel security and safety requirements; + application. +Sec. 10202. Small passenger vessels and uninspected passenger vessels. +Sec. 10203. Non-operating individual. +Sec. 10204. Conforming amendments: training; public safety personnel. +Sec. 10205. Maritime transportation assessment. +Sec. 10206. Engine cut-off switches; use requirement. +Sec. 10207. Authority to waive operator of self-propelled uninspected + passenger vessel requirements. +Sec. 10208. Exemptions and equivalents. +Sec. 10209. Waiver of navigation and vessel inspection laws. +Sec. 10210. Renewal of merchant mariner licenses and documents. +Sec. 10211. Certificate extensions. +Sec. 10212. Vessel safety standards. +Sec. 10213. Medical standards. + Subtitle C--Advisory Committees -SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT - HOME. +Sec. 10301. Advisory committees. +Sec. 10302. Maritime Transportation System National Advisory Committee. +Sec. 10303. Expired maritime liens. +Sec. 10304. Great Lakes Pilotage Advisory Committee. +Sec. 10305. National Commercial Fishing Safety Advisory Committee. +Sec. 10306. Exemption of commercial fishing vessels operating in + Alaskan Region from Global Maritime + Distress and Safety System requirements of + Federal Communications Commission. + Subtitle D--Ports - There is hereby authorized to be appropriated for fiscal year 2021 -from the Armed Forces Retirement Home Trust Fund the sum of $70,300,000 -for the operation of the Armed Forces Retirement Home. +Sec. 10401. Port, harbor, and coastal facility security. +Sec. 10402. Aiming laser pointer at vessel. +Sec. 10403. Safety of special activities. +Sec. 10404. Security plans; reviews. +Sec. 10405. Vessel traffic service. +Sec. 10406. Transportation work identification card pilot program. + TITLE IV--MISCELLANEOUS - TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS - CONTINGENCY OPERATIONS + Subtitle A--Navigation and Shipping -SEC. 1501. PURPOSE. +Sec. 11101. Coastwise trade. +Sec. 11102. Towing vessels operating outside boundary line. +Sec. 11103. Sense of Congress regarding the maritime industry of the + United States. +Sec. 11104. Cargo preference study. +Sec. 11105. Towing vessel inspection fees. + Subtitle B--Maritime Domain Awareness - The purpose of this title is to authorize appropriations for the -Department of Defense for fiscal year 2021 to provide additional funds -for overseas contingency operations being carried out by the Armed -Forces. +Sec. 11201. Unmanned maritime systems and satellite vessel tracking + technologies. +Sec. 11202. Unmanned aircraft systems testing. +Sec. 11203. Land-based unmanned aircraft system program of Coast Guard. +Sec. 11204. Prohibition on operation or procurement of foreign-made + unmanned aircraft systems. +Sec. 11205. United States commercial space-based radio frequency + maritime domain awareness testing and + evaluation program. +Sec. 11206. Authorization of use of automatic identification systems + devices to mark fishing equipment. + Subtitle C--Arctic -SEC. 1502. ARMY PROCUREMENT. +Sec. 11301. Coast Guard Arctic prioritization. +Sec. 11302. Arctic PARS Native engagement. +Sec. 11303. Voting requirement. +Sec. 11304. Report on the Arctic capabilities of the Armed Forces. +Sec. 11305. Report on Arctic search and rescue. +Sec. 11306. Arctic Shipping Federal Advisory Committee. + Subtitle D--Other Matters - Funds are hereby authorized to be appropriated for fiscal year 2021 -for procurement for the Army in amounts as follows: - (1) For aircraft procurement, $461,080,000. - (2) For missile procurement, $881,592,000. - (3) For weapons and tracked combat vehicles, $15,225,000. - (4) For ammunition procurement, $110,668,000. - (5) For other procurement, $924,077,000. +Sec. 11401. Plan for wing-in-ground demonstration plan. +Sec. 11402. Northern Michigan oil spill response planning. +Sec. 11403. Documentation of LNG tankers. +Sec. 11404. Replacement vessel. +Sec. 11405. Educational vessel. +Sec. 11406. Waters deemed not navigable waters of the United States for + certain purposes. +Sec. 11407. Anchorages. +Sec. 11408. Comptroller General of the United States study and report + on vertical evacuation for tsunamis at + Coast Guard Stations in Washington and + Oregon. +Sec. 11409. Authority to enter into agreements with National Coast + Guard Museum Association. +Sec. 11410. Formal sexual assault policies for passenger vessels. +Sec. 11411. Regulations for covered small passenger vessels. + TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS -SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. +Sec. 12001. Transfers. +Sec. 12002. Additional transfers. +Sec. 12003. License exemptions; repeal of obsolete provisions. +Sec. 12004. Maritime transportation system. +Sec. 12005. References to ``persons'' and ``seamen''. +Sec. 12006. References to ``himself'' and ``his''. +Sec. 12007. Miscellaneous technical corrections. +Sec. 12008. Technical corrections relating to codification of Ports and + Waterways Safety Act. +Sec. 12009. Aids to navigation. +Sec. 12010. Transfers related to employees of Lighthouse Service. +Sec. 12011. Transfers related to surviving spouses of Lighthouse + Service employees. +Sec. 12012. Repeals related to lighthouse statutes. + TITLE VI--FEDERAL MARITIME COMMISSION - Funds are hereby authorized to be appropriated for fiscal year 2021 -for procurement for the Navy and Marine Corps in amounts as follows: - (1) For aircraft procurement, Navy, $33,241,000. - (2) For weapons procurement, Navy, $5,572,000. - (3) For ammunition procurement, Navy and Marine Corps, - $95,942,000. - (4) For other procurement, Navy, $343,526,000. - (5) For procurement, Marine Corps, $47,963,000. +Sec. 13001. Short title. +Sec. 13002. Authorization of appropriations. +Sec. 13003. Unfinished proceedings. +Sec. 13004. Transfer of Federal Maritime Commission provisions. + DIVISION I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES -SEC. 1504. AIR FORCE PROCUREMENT. +Sec. 14001. Short title. + TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE - Funds are hereby authorized to be appropriated for fiscal year 2021 -for procurement for the Air Force in amounts as follows: - (1) For aircraft procurement, $569,155,000. - (2) For missile procurement, $223,772,000. - (3) For ammunition procurement, $802,455,000. - (4) For other procurement, $355,339,000. +Sec. 14101. Sense of Congress on importance of Department of State's + work. +Sec. 14102. Bureau of Democracy, Human Rights, and Labor. +Sec. 14103. Assistant Secretary for International Narcotics and Law + Enforcement Affairs. +Sec. 14104. Bureau of Consular Affairs; Bureau of Population, Refugees, + and Migration. +Sec. 14105. Office of International Disability Rights. +Sec. 14106. Office of Global Women's Issues. +Sec. 14107. Special appointments. +Sec. 14108. Anti-piracy information sharing. +Sec. 14109. Importance of foreign affairs training to national + security. +Sec. 14110. Classification and assignment of Foreign Service officers. +Sec. 14111. Energy diplomacy and security within the Department of + State. +Sec. 14112. The National Museum of American Diplomacy. +Sec. 14113. Extension of period for reimbursement of fishermen for + costs incurred from the illegal seizure and + detention of U.S.-flag fishing vessels by + foreign governments. +Sec. 14114. Art in embassies. +Sec. 14115. Amendment or repeal of reporting requirements. +Sec. 14116. Reporting on implementation of GAO recommendations. +Sec. 14117. Office of Global Criminal Justice. + TITLE II--EMBASSY CONSTRUCTION -SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. +Sec. 14201. Embassy security, construction, and maintenance. +Sec. 14202. Standard design in capital construction. +Sec. 14203. Capital construction transparency. +Sec. 14204. Contractor performance information. +Sec. 14205. Growth projections for new embassies and consulates. +Sec. 14206. Long-range planning process. +Sec. 14207. Value engineering and risk assessment. +Sec. 14208. Business volume. +Sec. 14209. Embassy security requests and deficiencies. +Sec. 14210. Overseas security briefings. +Sec. 14211. Contracting methods in capital construction. +Sec. 14212. Competition in embassy construction. +Sec. 14213. Statement of policy. +Sec. 14214. Definitions. + TITLE III--PERSONNEL ISSUES - Funds are hereby authorized to be appropriated for fiscal year 2021 -for the procurement account for Defense-wide activities in the amount -of $258,491,000. +Sec. 14301. Defense Base Act insurance waivers. +Sec. 14302. Study on Foreign Service allowances. +Sec. 14303. Science and technology fellowships. +Sec. 14304. Travel for separated families. +Sec. 14305. Home leave travel for separated families. +Sec. 14306. Sense of Congress regarding certain fellowship programs. +Sec. 14307. Technical correction. +Sec. 14308. Foreign Service awards. +Sec. 14309. Diplomatic programs. +Sec. 14310. Sense of Congress regarding veterans employment at the + Department of State. +Sec. 14311. Employee assignment restrictions and preclusions. +Sec. 14312. Recall and reemployment of career members. +Sec. 14313. Strategic staffing plan for the department. +Sec. 14314. Consulting services. +Sec. 14315. Incentives for critical posts. +Sec. 14316. Extension of authority for certain accountability review + boards. +Sec. 14317. Foreign Service suspension without pay. +Sec. 14318. Foreign Affairs Manual and Foreign Affairs Handbook + changes. +Sec. 14319. Waiver authority for individual occupational requirements + of certain positions. +Sec. 14320. Appointment of employees to the Global Engagement Center. +Sec. 14321. Rest and recuperation and overseas operations leave for + Federal employees. + TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION -SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. +Sec. 14401. Definitions. +Sec. 14402. Collection, analysis, and dissemination of workforce data. +Sec. 14403. Exit interviews for workforce. +Sec. 14404. Recruitment and retention. +Sec. 14405. Leadership engagement and accountability. +Sec. 14406. Professional development opportunities and tools. +Sec. 14407. Examination and oral assessment for the Foreign Service. +Sec. 14408. Payne fellowship authorization. +Sec. 14409. Voluntary participation. + TITLE V--INFORMATION SECURITY - Funds are hereby authorized to be appropriated for fiscal year 2021 -for the use of the Department of Defense for research, development, -test, and evaluation as follows: - (1) For the Army, $182,824,000. - (2) For the Navy, $59,562,000. - (3) For the Air Force, $5,304,000. - (4) For Defense-wide activities, $82,818,000. +Sec. 14501. Definitions. +Sec. 14502. Information system security. +Sec. 14503. Prohibition on contracting with certain telecommunications + providers. +Sec. 14504. Preserving records of electronic communications conducted + related to official duties of positions in + the public trust of the American people. +Sec. 14505. Foreign Relations of the United States (FRUS) series and + declassification. +Sec. 14506. Vulnerability Disclosure Policy and Bug Bounty Pilot + Program. + TITLE VI--PUBLIC DIPLOMACY -SEC. 1507. OPERATION AND MAINTENANCE. +Sec. 14601. Short title. +Sec. 14602. Avoiding duplication of programs and efforts. +Sec. 14603. Improving research and evaluation of public diplomacy. +Sec. 14604. Permanent reauthorization of the united states advisory + commission on public diplomacy. +Sec. 14605. Streamlining of support functions. +Sec. 14606. Guidance for closure of public diplomacy facilities. +Sec. 14607. Definitions. + TITLE VII--COMBATING PUBLIC CORRUPTION - Funds are hereby authorized to be appropriated for fiscal year 2021 -for the use of the Armed Forces for expenses, not otherwise provided -for, for operation and maintenance, in amounts as follows: - (1) For the Army, $17,137,754,000. - (2) For the Navy, $10,700,305,000. - (3) For the Marine Corps, $1,102,600,000. - (4) For the Air Force, $17,930,020,000. - (5) For the Space Force, $77,115,000. - (6) For Defense-wide activities, $6,022,254,000. - (7) For the Army Reserve, $33,399,000. - (8) For the Navy Reserve, $21,492,000. - (9) For the Marine Corps Reserve, $8,707,000. - (10) For the Air Force Reserve, $30,090,000. - (11) For the Army National Guard, $79,792,000. - (12) For the Air National Guard, $175,642,000. - (13) For the Afghanistan Security Forces Fund, - $4,015,612,000. - (14) Counter-Islamic State of Iraq and Syria Train and - Equip Fund, $845,000,000. - -SEC. 1508. MILITARY PERSONNEL. +Sec. 14701. Sense of congress. +Sec. 14702. Annual assessment. +Sec. 14703. Transparency and accountability. +Sec. 14704. Designation of embassy anti-corruption points of contact. +Sec. 14705. Reporting requirements. +Sec. 14706. Foreign investments and national security. + TITLE VIII--MISCELLANEOUS - Funds are hereby authorized to be appropriated for fiscal year 2021 -to the Department of Defense for military personnel accounts in the -total amount of $4,602,593,000. +Sec. 14801. Case-Zablocki Act Reform. +Sec. 14802. Limitation on assistance to countries in default. +Sec. 14803. Prohibition on assistance to governments supporting + international terrorism. +Sec. 14804. Sean and David Goldman Child Abduction Prevention and + Return Act of 2014 amendment. +Sec. 14805. Modification of authorities of Commission for the + Preservation of America's Heritage Abroad. +Sec. 14806. Chief of mission concurrence. + DIVISION J--COMBATING RUSSIAN MONEY LAUNDERING -SEC. 1509. WORKING CAPITAL FUNDS. +Sec. 15001. Short title. +Sec. 15002. Statement of policy. +Sec. 15003. Sense of Congress. +Sec. 15004. Determination with respect to primary money laundering + concern of Russian illicit finance. + DIVISION K--KLEPTOCRACY ASSET RECOVERY REWARDS ACT - Funds are hereby authorized to be appropriated for fiscal year 2021 -for the use of the Armed Forces and other activities and agencies of -the Department of Defense for providing capital for working capital and -revolving funds in the amount of $20,090,000. +Sec. 16001. Short title. +Sec. 16002. Findings; sense of Congress. +Sec. 16003. In general. + DIVISION L--STOPPING TRAFFICKING, ILLICIT FLOWS, LAUNDERING, AND + EXPLOITATION -SEC. 1510. DEFENSE HEALTH PROGRAM. +Sec. 17001. Short title. +Sec. 17002. Findings. +Sec. 17003. GAO Study. + DIVISION M--IMPROVING CORPORATE GOVERNANCE THROUGH DIVERSITY - Funds are hereby authorized to be appropriated for the Department -of Defense for fiscal year 2021 for expenses, not otherwise provided -for, for the Defense Health Program in the amount of $365,098,000 for -operation and maintenance. +Sec. 18001. Short title. +Sec. 18002. Submission of data relating to diversity by issuers. +Sec. 18003. Diversity advisory group. + DIVISION N--BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2019 -SEC. 1511. DEFENSE INSPECTOR GENERAL. +Sec. 19001. Short title. +Sec. 19002. Report on financial services benefitting state sponsors of + terrorism, human rights abusers, and + corrupt officials. +Sec. 19003. Waiver. +Sec. 19004. Definitions. +Sec. 19005. Sunset. + DIVISION O--PUBLIC LANDS + +Sec. 20001. Short title. + TITLE I--COLORADO WILDERNESS + +Sec. 20101. Short title; definition. +Sec. 20102. Additions to National Wilderness Preservation System in the + State of Colorado. +Sec. 20103. Administrative provisions. +Sec. 20104. Water. +Sec. 20105. Sense of Congress. +Sec. 20106. Department of defense study on impacts that the expansion + of wilderness designations in the western + united states would have on the readiness + of the armed forces of the united states + with respect to aviation training. + TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING + FORESTS + +Sec. 20201. Short title. +Sec. 20202. Definitions. + Subtitle A--Restoration and Economic Development + +Sec. 20211. South Fork Trinity-Mad River Restoration Area. +Sec. 20212. Redwood National and State Parks restoration. +Sec. 20213. California Public Lands Remediation Partnership. +Sec. 20214. Trinity Lake visitor center. +Sec. 20215. Del Norte County visitor center. +Sec. 20216. Management plans. +Sec. 20217. Study; partnerships related to overnight accommodations. + Subtitle B--Recreation + +Sec. 20221. Horse Mountain Special Management Area. +Sec. 20222. Bigfoot National Recreation Trail. +Sec. 20223. Elk Camp Ridge Recreation Trail. +Sec. 20224. Trinity Lake Trail. +Sec. 20225. Trails study. +Sec. 20226. Construction of mountain bicycling routes. +Sec. 20227. Partnerships. + Subtitle C--Conservation + +Sec. 20231. Designation of wilderness. +Sec. 20232. Administration of wilderness. +Sec. 20233. Designation of potential wilderness. +Sec. 20234. Designation of wild and scenic rivers. +Sec. 20235. Sanhedrin Special Conservation Management Area. + Subtitle D--Miscellaneous + +Sec. 20241. Maps and legal descriptions. +Sec. 20242. Updates to land and resource management plans. +Sec. 20243. Pacific Gas and Electric Company Utility facilities and + rights-of-way. + TITLE III--CENTRAL COAST HERITAGE PROTECTION + +Sec. 20301. Short title. +Sec. 20302. Definitions. +Sec. 20303. Designation of wilderness. +Sec. 20304. Designation of the Machesna Mountain Potential Wilderness. +Sec. 20305. Administration of wilderness. +Sec. 20306. Designation of Wild and Scenic Rivers. +Sec. 20307. Designation of the Fox Mountain Potential Wilderness. +Sec. 20308. Designation of scenic areas. +Sec. 20309. Condor National Scenic Trail. +Sec. 20310. Forest service study. +Sec. 20311. Nonmotorized recreation opportunities. +Sec. 20312. Use by members of Tribes. + TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION + +Sec. 20401. Short title. +Sec. 20402. Definition of State. + Subtitle A--San Gabriel National Recreation Area + +Sec. 20411. Purposes. +Sec. 20412. Definitions. +Sec. 20413. San Gabriel National Recreation Area. +Sec. 20414. Management. +Sec. 20415. Acquisition of non-Federal land within Recreation Area. +Sec. 20416. Water rights; water resource facilities; public roads; + utility facilities. +Sec. 20417. San Gabriel National Recreation Area Public Advisory + Council. +Sec. 20418. San Gabriel National Recreation Area Partnership. +Sec. 20419. Visitor services and facilities. + Subtitle B--San Gabriel Mountains + +Sec. 20421. Definitions. +Sec. 20422. National monument boundary modification. +Sec. 20423. Designation of Wilderness Areas and Additions. +Sec. 20424. Administration of Wilderness Areas and Additions. +Sec. 20425. Designation of Wild and Scenic Rivers. +Sec. 20426. Water rights. + TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION + +Sec. 20501. Short title. +Sec. 20502. Boundary adjustment; land acquisition; administration. + TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS + +Sec. 20601. Short title. +Sec. 20602. Designation of olympic national forest wilderness areas. +Sec. 20603. Wild and scenic river designations. +Sec. 20604. Existing rights and withdrawal. +Sec. 20605. Treaty rights. + TITLE VII--STUDY ON FLOOD RISK MITIGATION + +Sec. 20701. Study on Flood Risk Mitigation. + TITLE VIII--MISCELLANEOUS + +Sec. 20801. Promoting health and wellness for veterans and + servicemembers. +Sec. 20802. Fire, insects, and diseases. +Sec. 20803. Military activities. + DIVISION P--COLORADO OUTDOOR RECREATION AND ECONOMY ACT + +Sec. 21001. Short title. +Sec. 21002. Definition of State. + TITLE I--CONTINENTAL DIVIDE + +Sec. 21101. Definitions. +Sec. 21102. Colorado Wilderness additions. +Sec. 21103. Williams Fork Mountains Wilderness. +Sec. 21104. Tenmile Recreation Management Area. +Sec. 21105. Porcupine Gulch Wildlife Conservation Area. +Sec. 21106. Williams Fork Mountains Wildlife Conservation Area. +Sec. 21107. Camp Hale National Historic Landscape. +Sec. 21108. White River National Forest Boundary modification. +Sec. 21109. Rocky Mountain National Park Potential Wilderness Boundary + adjustment. +Sec. 21110. Administrative provisions. + TITLE II--SAN JUAN MOUNTAINS + +Sec. 21201. Definitions. +Sec. 21202. Additions to National Wilderness Preservation System. +Sec. 21203. Special management areas. +Sec. 21204. Release of wilderness study areas. +Sec. 21205. Administrative provisions. + TITLE III--THOMPSON DIVIDE + +Sec. 21301. Purposes. +Sec. 21302. Definitions. +Sec. 21303. Thompson Divide Withdrawal and Protection Area. +Sec. 21304. Thompson Divide lease exchange. +Sec. 21305. Greater Thompson Divide Fugitive Coal Mine Methane Use + Pilot Program. +Sec. 21306. Effect. + TITLE IV--CURECANTI NATIONAL RECREATION AREA + +Sec. 21401. Definitions. +Sec. 21402. Curecanti National Recreation Area. +Sec. 21403. Acquisition of land; boundary management. +Sec. 21404. General management plan. +Sec. 21405. Boundary survey. + +SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. + + In this Act, the term ``congressional defense committees'' has the +meaning given that term in section 101(a)(16) of title 10, United +States Code. + + DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS + + TITLE I--PROCUREMENT + + Subtitle A--Authorization Of Appropriations + +SEC. 101. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for procurement for the Army, the Navy and the Marine Corps, the Air +Force, and Defense-wide activities, as specified in the funding table +in section 4101. + + Subtitle B--Navy Programs + +SEC. 111. INDEPENDENT COST ESTIMATE OF FFG(X) FRIGATE PROGRAM. + + In accordance with section 2334(b) of title 10, United States +Code, the Secretary of Defense shall ensure that an independent cost +estimate of the full life-cycle cost of the FFG(X) frigate program of +the Navy has been completed before the conclusion of milestone B of +such program. + +SEC. 112. LIQUIFIED NATURAL GAS PILOT PROGRAM. + + The Secretary of the Navy shall carry out a pilot program under +which the Secretary shall experiment and innovate within the fleet +using liquified natural gas technology to retrofit, modify, or build +vessels capable of dual fueling (diesel and liquified natural gas) or +powered by liquified natural gas alone. + + Subtitle C--Air Force Programs + +SEC. 121. MODIFICATION OF FORCE STRUCTURE OBJECTIVES FOR B-1 BOMBER + AIRCRAFT. + + (a) Modification of Minimum Inventory Requirement.--Section +9062(h)(2) of title 10, United States Code, is amended by striking +``36'' and inserting ``24''. + (b) Temporary Authority To Retire Aircraft.-- + (1) In general.--Notwithstanding section 9062(h)(1) of + title 10, United States Code, the Secretary of the Air Force + may retire up to seventeen B-1 aircraft. + (2) Termination of authority.--The authority of the + Secretary of the Air Force to retire aircraft under paragraph + (1) shall terminate on January 1, 2023. + (c) Preservation of Certain Aircraft and Maintenance Personnel.-- +Until the date on which the Secretary of the Air Force determines that +the B-21 aircraft has attained initial operating capability, the +Secretary-- + (1) shall preserve each B-1 aircraft that is retired under + subsection (b), in a manner that ensures the components and + parts of such aircraft are maintained in reclaimable condition + that is consistent with type 2000 recallable storage, or + better; and + (2) may not reduce the number of billets assigned to + maintenance of B-1 aircraft in effect on January 1, 2020. + +SEC. 122. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR + RETIREMENT OF RC-135 AIRCRAFT. + + Section 148(a) of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1243) is amended by striking +``for fiscal year 2020'' and inserting ``for any of fiscal years 2020 +through 2025''. + +SEC. 123. MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS FOR + RETIREMENT OF E-8 JSTARS AIRCRAFT. + + Section 147(a) of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is +amended by striking ``certifies to the congressional defense committees +that Increment 2 of the Advanced Battle-Management System of the Air +Force has declared initial operational capability as defined in the +Capability Development Document for the System'' and inserting +``certifies to the congressional defense committees that-- + ``(1) the Secretary has identified a replacement capability + and capacity for the current fleet of 16 E-8 Joint Surveillance + Target Attack Radar System aircraft to meet global combatant + command requirements; and + ``(2) such replacement delivers capabilities that are + comparable or superior to the capabilities delivered by such + aircraft.''. + +SEC. 124. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ADVANCED BATTLE + MANAGEMENT SYSTEM PENDING CERTIFICATION RELATING TO RQ-4 + AIRCRAFT. + + (a) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2021 for the Department +of the Air Force for the Advanced Battle Management System, not more +than 50 percent may be obligated or expended until-- + (1) the Secretary of the Air Force certifies, in writing, + to the Committees on Armed Services of the Senate and the House + of Representatives that the Secretary will not retire, or + prepare to retire, any RQ-4 aircraft during fiscal year 2021; + (2)(A) the Under Secretary of Defense for Acquisition and + Sustainment certifies, in writing, to such Committees that, + with respect to the RQ-4 aircraft, the validated operating and + sustainment costs of any capability developed to replace the + RQ-4 aircraft are less than the validated operating and + sustainment costs for the RQ-4 aircraft on a comparable flight- + hour cost basis; and + (B) the Chairman of the Joint Requirements Oversight + Council certifies, in writing, to such Committees that any such + capability to be fielded at the same time or before the + retirement of the RQ-4 aircraft would result in equal or + greater capability available to the commanders of the combatant + commands and would not result in less capacity available to the + commanders of the combatant commands; or + (3) the Secretary of Defense-- + (A) certifies, in writing, to such Committees that + the Secretary has determined, after analyzing + sufficient and relevant data, that a capability + superior to the RQ-4 aircraft is worth increased + operating and sustainment costs; and + (B) provides to such Committees analysis supporting + such determination. + (b) Consultation Requirement.--Before issuing a certification under +subsection (a), the official responsible for issuing such certification +shall consult with the combatant commanders on the matters covered by +the certification. + (c) Advanced Battle Management System Defined.--In this section, +the term ``Advanced Battle Management System'' has the meaning given +that term in section 236(c) of the National Defense Authorization Act +for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1281). + +SEC. 125. INVENTORY REQUIREMENTS FOR CERTAIN AIR REFUELING TANKER + AIRCRAFT. + + (a) Minimum Inventory Requirements for KC-10A Aircraft.-- + (1) Fiscal year 2021.--During the period beginning on the + date of the enactment of this Act and ending on October 1, + 2021, the Secretary of the Air Force shall maintain a minimum + of 50 KC-10A aircraft designated as primary mission aircraft + inventory. + (2) Fiscal year 2022.--During the period beginning on + October 1, 2021, and ending on October 1, 2022, the Secretary + of the Air Force shall maintain a minimum of 38 KC-10A aircraft + designated as primary mission aircraft inventory. + (3) Fiscal year 2023.--During the period beginning on + October 1, 2022, and ending on October 1, 2023, the Secretary + of the Air Force shall maintain a minimum of 26 KC-10A aircraft + designated as primary mission aircraft inventory. + (b) Prohibition on Retirement of KC-135 Aircraft.-- + (1) Prohibition.--Except as provided in paragraph (2), + during the period beginning on the date of the enactment of + this Act and ending on October 1, 2023, the Secretary of the + Air Force may not retire, or prepare to retire, any KC-135 + aircraft. + (2) Exception.--The prohibition in paragraph (1) shall not + apply to individual KC-135 aircraft that the Secretary of the + Air Force determines, on a case-by-case basis, to be no longer + mission capable because of mishaps, other damage, or being + uneconomical to repair. + (c) KC-135 Aircraft Fleet Management.--None of the funds authorized +to be appropriated by this Act or otherwise made available for fiscal +year 2021 for the Air Force may be obligated or expended to reduce the +number of KC-135 aircraft designated as primary mission aircraft +inventory. + (d) Primary Mission Aircraft Inventory Defined.--In this section, +the term ``primary mission aircraft inventory'' has the meaning given +that term in section 9062(i)(2)(B) of title 10, United States Code. + +SEC. 126. LIMITATION ON PRODUCTION OF KC-46A AIRCRAFT. + + (a) Limitation.--None of the funds authorized to be appropriated by +this Act or otherwise made available for fiscal year 2021 for the Air +Force may be used to approve the full-rate production of KC-46A +aircraft or enter into a contract for the production of more than +twelve KC-46A aircraft until the date on which the Secretary of the Air +Force certifies to the congressional defense committees that all +category-one deficiencies in the systems of the aircraft have been +corrected, including the deficiencies affecting the aircraft's remote +visioning system, telescoping actuator in the boom system, and primary +fuel containment system. + (b) Report.--Not later than February 1, 2021, the Secretary of the +Air Force shall submit to the congressional defense committees a report +on the KC-46A aircraft. The report shall include-- + (1) a schedule for the correction of each category-one + deficiency described in subsection (a); + (2) a plan to engage an independent test organization to + verify the effectiveness of any proposed solutions to such + category-one deficiencies; and + (3) an acquisition strategy for the aircraft that-- + (A) identifies principal acquisition milestones; + and + (B) will ensure that there is sufficient + competition for the procurement of a nondevelopmental + tanker aircraft at the conclusion of the KC-46A + production contract in effect as of the date of the + enactment of this Act. + (c) Category-One Deficiency Defined.--The term ``category-one +deficiency'' means a deficiency that may cause-- + (1) death or severe injury to personnel; or + (2) major loss or damage to critical aircraft capabilities. + +SEC. 127. ASSESSMENT AND CERTIFICATION RELATING TO OC-135 AIRCRAFT. + + (a) Limitation.--Except as provided in subsection (b), none of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2021 for the Air Force may be obligated or +expended to retire, divest, realign, or place in storage or on backup +aircraft inventory status, or prepare to retire, divest, realign, or +place in storage or backup inventory status, any OC-135 aircraft until +a period of 90 days has elapsed following the date on which the +Secretary of the Air Force submits to the congressional defense +committees-- + (1) the report required under subsection (c); and + (2) the certification required under subsection (d). + (b) Exception.--The limitation in subsection (a) shall not apply +to-- + (1) individual OC-135 aircraft that the Secretary of the + Air Force determines, on a case-by-case basis, to be no longer + mission capable because of mishaps or other damage; or + (2) funds obligated or expended-- + (A) for the preparation of the report required + under subsection (c); or + (B) for the Air Force to assess options to + repurpose the OC-135 aircraft to support other mission + requirements. + (c) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the Air Force shall submit to +the congressional defense committees a report that includes the +following: + (1) Identification of any unclassified aerial imagery + requirements that the Air Force or Air National Guard can meet + using the OC-135 aircraft, a version of the aircraft that is + expected to replace the OC-135, or similar aerial imagery + collection and processing capabilities. + (2) An assessment of the extent to which it is more + appropriate for the Air Force or the Air National Guard to + fulfill such requirements. + (3) A comparison of the costs and effectiveness of + alternative means of meeting unclassified aerial imagery + requirements. + (4) An assessment of the utility and cost differential of + performing international treaty monitoring missions such as + Olive Harvest with the OC-135 aircraft, a version of the + aircraft that is expected to replace the OC-135, or similar + aerial imagery collection and processing capabilities. + (d) Certification Required.--Together with the report required +under subsection (c), the Secretary of the Air Force shall certify to +the congressional defense committees-- + (1) whether there are unclassified aerial imagery + requirements that the Air Force can meet with the OC-135 + aircraft or a version of the aircraft that is expected to + replace the OC-135; and + (2) whether the Secretary has identified methods of meeting + such requirements that are more effective and more efficient + than meeting such requirements through the use of the OC-135 + aircraft or a version of the aircraft that is expected to + replace the OC-135. + (e) Unclassified Aerial Imagery Requirements Defined.--In this +section, the term ``unclassified aerial imagery requirements'' means +requirements for the Air Force to provide responsive unclassified +aerial imagery support to military forces, domestic civil authorities, +other departments and agencies of the Federal Government, and foreign +partners of the United States, including any requirements to provide +unclassified aerial imagery in support of overseas contingency +operations, humanitarian assistance and disaster relief missions, +defense support to domestic civil authorities, and international treaty +monitoring missions. + +SEC. 128. MODERNIZATION PLAN FOR AIRBORNE INTELLIGENCE, SURVEILLANCE, + AND RECONNAISSANCE. + + (a) Modernization Plan.-- + (1) In general.--The Secretary of the Air Force shall + develop a comprehensive plan for the modernization of airborne + intelligence, surveillance, and reconnaissance, which shall-- + (A) ensure the alignment between requirements, both + current and future, and Air Force budget submissions to + meet such requirements; and + (B) inform the preparation of future defense + program and budget requests by the Secretary, and the + consideration of such requests by Congress. + (2) Elements.--The plan required by paragraph (1) shall + include the following: + (A) An assessment of all airborne intelligence, + surveillance, and reconnaissance missions, both current + missions and those missions necessary to support the + national defense strategy. + (B) An analysis of platforms, capabilities, and + capacities necessary to fulfill such current and future + missions. + (C) The anticipated life-cycle budget associated + with each platform, capability, and capacity + requirement for both current and future requirements. + (D) An analysis showing operational, budget, and + schedule trade-offs between sustainment of currently + fielded capabilities, modernization of currently + fielded capabilities, and development and production of + new capabilities. + (b) Report to Congress.-- + (1) In general.--Not later than March 30, 2021, the + Secretary of the Air Force shall submit to the congressional + defense committees a report that includes-- + (A) the comprehensive modernization plan required + by subsection (a); and + (B) a strategy for carrying out such plan through + fiscal year 2030. + (2) Form.--The report required under paragraph (1) shall be + submitted in unclassified form but may include a classified + annex. + +SEC. 129. MINIMUM BOMBER AIRCRAFT FORCE LEVEL. + + (a) In General.--Not later than February 1, 2021, the Secretary of +the Air Force shall submit to the congressional defense committees a +report with recommendations for the bomber aircraft force structure +that enables the Air Force to meet the requirements of its long-range +strike mission under the National Defense Strategy. + (b) Elements.--The report required under subsection (a) shall +include each of the following elements: + (1) The bomber force structure necessary to meet the + requirements of the Air Force's long-range strike mission under + the National Defense Strategy, including-- + (A) the total minimum number of bomber aircraft; + and + (B) the minimum number of primary mission aircraft. + (2) The penetrating bomber force structure necessary to + meet the requirements of the Air Force's long-range strike + mission in contested or denied environments under the National + Defense Strategy, to include-- + (A) the total minimum number of penetrating bomber + aircraft; and + (B) the minimum number of primary mission + penetrating bomber aircraft. + (3) A roadmap outlining how the Air Force plans to reach + the force structure identified under paragraphs (1) and (2), + including an established goal date for achieving the minimum + number of bomber aircraft. + (c) Form.--The report submitted under subsection (a) shall be +submitted in unclassified form, but may include a classified annex. + (d) Publication.--The Secretary shall make available to the public +the unclassified form of the report submitted under subsection (a). + (e) Bomber Aircraft.--In this section, the term ``bomber aircraft'' +includes penetrating bombers in addition to B-52H aircraft. + +SEC. 130. PROVISIONS RELATING TO RC-26B MANNED INTELLIGENCE, + SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT. + + (a) Limitation.--Except as provided in subsection (b), none of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2021 for the Air Force may be obligated or +expended to retire, divest, realign, or placed in storage or on backup +aircraft inventory status, or prepare to retire, divest, realign, or +place in storage or on backup aircraft inventory status, any RC-26B +aircraft. + (b) Exception.--The limitation in subsection (a) shall not apply to +individual RC-26B aircraft that the Secretary of the Air Force +determines, on a case-by-case basis, to be no longer mission capable +because of mishaps other damage. + (c) Funding for RC-26B Manned Intelligence, Surveillance, and +Reconnaissance Platform.-- + (1) Of the amount authorized to be appropriated in section + 301 for operation and maintenance, as specified in the + corresponding funding table in 4301, for operation and + maintenance, Air National Guard, the Secretary of the Air Force + may transfer up to $18,500,000 to be used in support of the RC- + 26B manned intelligence, surveillance, and reconnaissance + platform. + (2) Of the amount authorized to be appropriated in section + 421 for military personnel, as specified in the corresponding + funding table in section 4401, the Secretary of the Air Force + may transfer up to $13,000,000 from military personnel, Air + National Guard to be used in support of personnel who operate + and maintain the RC-26B manned intelligence, surveillance, and + reconnaissance platform. + (d) Memoranda of Agreement.--Notwithstanding any other provision of +law, the Secretary of Defense may enter into one or more memoranda of +agreement or cost sharing agreements with other departments and +agencies of the Federal Government under which the RC-26B aircraft may +be used to assist with the missions and activities of such departments +and agencies. + +SEC. 130A. BRIEFING ON PAYLOAD HOSTING ON MODULAR SUPERSONIC AIRCRAFT. + + (a) Briefing Required.--Not later than 120 days after the date of +the enactment of this Act, the Secretary of the Air Force shall provide +to the Committees on Armed Services of the Senate and the House of +Representatives a briefing on the potential use of a modular civil +supersonic aircraft to host multiple mission payloads. + (b) Elements.--The briefing under subsection (a) shall include an +assessment of the potential of a repurposed civil supersonic aircraft +with a military-engineered front section as a long-range, high-speed +platform for the following uses: + (1) As a multi-payload disaggregated node in the Joint All- + Domain Command & Control architecture. + (2) As a host for a multi-mission directed energy system. + (3) As an embedded or separated electronic warfare escort. + (4) As a quick-response vehicle for missions necessitating + large and diverse payloads that preclude fighter aircraft due + to size, range or altitude. + (c) Limitation.--The briefing under subsection (a) shall not +affect, modify, or address any matter set forth in section 122 of the +Report of the Committee on Armed Services of the House of +Representatives that accompanies this Act. + + Subtitle D--Defense-wide, Joint, and Multiservice Matters + +SEC. 131. DOCUMENTATION RELATING TO THE F-35 AIRCRAFT PROGRAM. + + (a) Limitation.--The Secretary of Defense may not grant Milestone C +approval for the F-35 aircraft program pursuant to section 2366c of +title 10, United States Code, or enter into a contract for the full- +rate production of F-35 aircraft, until a period of 30 days has elapsed +following the date on which the Secretary has submitted to the +congressional defense committees all of the documentation required +under subsection (b). + (b) Documentation Required.--The Secretary of Defense shall submit +to the congressional defense committees the following documentation +with respect to the F-35 aircraft program: + (1) A certification from the Under Secretary of Defense for + Acquisition and Sustainment that all alternative supply + contractors for parts, required for the airframe and propulsion + prime contractors of the F-35 program as a result of the + removal of the Republic of Turkey from the program-- + (A) have been identified and all related + undefinitized contract actions have been definitized + (as described in section 7401 of part 217 of the + Defense Federal Acquisition Regulation Supplement); + (B) the parts produced by each such contractor have + been qualified and certified as meeting applicable + technical design and use specifications; and + (C) each such contractor has reached the required + rate of production to meet supply requirements for + parts under the F-35 aircraft program. + (2) A cost analysis, prepared by the joint program office + for the F-35 aircraft program, that assesses and defines-- + (A) how the full integration of Block 4 and + Technical Refresh 3 capabilities for each lot of Block + 4 production aircraft beginning after lot 14 will + affect the average procurement unit cost of United + States variants of the F-35A, F-35B, and F-35C + aircraft; and + (B) how the establishment of alternate sources of + production and sustainment supply and repair parts due + to the removal of the Republic of Turkey from the F-35 + program will affect such unit cost. + (3) All reports required under section 167 of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116- + 92; 133 Stat. 1250). + (4) An independent cost estimate, prepared by Director of + Cost Assessment and Program Evaluation, that defines, for each + phase of the F-35 aircraft program, the cost to develop, + procure, integrate, and retrofit F-35 aircraft with all Block 4 + capability requirements that are specified in the most recent + Block 4 capabilities development document. + (5) A plan to correct or mitigate any deficiency in the + aircraft, identified as of the date of enactment of this Act-- + (A) that may cause death, severe injury or + occupational illness, or major loss or damage to + equipment or a system, and for which there is no + identified workaround (commonly known as a ``category + 1A deficiency''); or + (B) that critically restricts combat readiness + capabilities or results in the inability to attain + adequate performance to accomplish mission requirements + (commonly known as a ``category 1B deficiency''). + (6) A software and hardware capability, upgrade, and + aircraft modification plan that defines the cost and schedule + for retrofitting F-35 aircraft that currently have Technical + Refresh 2 capabilities installed to ensure compatibility with + Block 4 and Technical Refresh 3 aircraft capabilities. + (7) The following reports for the F-35 aircraft program, as + prepared by the Director of Operational Test and Evaluation: + (A) A report on the results of the realistic + survivability testing of the aircraft, as described in + section 2366(d) of title 10, United States Code. + (B) A report on the results of the initial + operational test and evaluation conducted for program, + as described in section 2399(b)(2) of such title. + (8) A mitigation strategy and implementation plan to + address each critical deficiency in the F-35 autonomic + logistics information system that has been identified as of the + date of enactment of this Act. + (9) A certification that the F-35A meets the required + mission reliability performance using an average sortie + duration of 2 and one-half hours. + (10) A certification that the Secretary has developed and + validated a fully integrated and realistic schedule for the + development, production and integration of Block 4 Technical + Refresh 3 capabilities, that includes a strategy for resolving + all software technical debt that has accumulated within the F- + 35 operational flight program source code during development, + production, and integration of Technical Refresh 1 and + Technical Refresh 2 capabilities. + (11)(A) A complete list of hardware modifications that will + be required to integrate Block 4 capabilities into lot 16 and + lot 17 production aircraft. + (B) An estimate of the costs of any engineering changes + required as a result of such modifications. + (C) A comparison of those engineering changes and costs + with the engineering changes and costs for lot 15 production + aircraft. + +SEC. 132. NOTIFICATION ON SOFTWARE REGRESSION TESTING FOR F-35 + AIRCRAFT. + + (a) Notification Required.--The Under Secretary of Defense for +Acquisition and Sustainment, in consultation with the Director of +Operational Test and Evaluation, shall notify the congressional defense +committees, in writing, not later than 30 days after the date on which +mission systems production software for the F-35 aircraft is released +to units operating such aircraft under the F-35 continuous capability +development and delivery program. + (b) Elements.--The notification required under subsection (a) shall +include, with respect to the mission systems production software for +the F-35 aircraft, the following: + (1) An explanation of the types and methods of regression + testing that were completed for the production release of the + software to ensure compatibility and proper functionality + with-- + (A) the fire control radar system of each variant + of the F-35 aircraft; and + (B) all weapons certified for carriage and + employment on each variant of the F-35 aircraft. + (2) Identification of any entities that conducted + regression testing of the software, including any development + facilities of the Federal Government or contractors that + conducted such testing. + (3) A list of deficiencies identified during regression + testing of the software or by operational units after fielding + of the software, and an explanation of-- + (A) any software modifications, including quick- + reaction capability, that were completed to resolve or + mitigate the deficiencies; + (B) with respect to any deficiencies that were not + resolved or mitigated, whether the deficiencies will be + corrected in later releases of the software; and + (C) any effects resulting from such deficiencies, + including-- + (i) any effects on the cost and schedule + for delivery of the software; and + (ii) in cases in which the deficiencies + resulted in additional, unplanned, software + releases, any effects on the ongoing testing of + software capability releases. + +SEC. 133. NOTIFICATION ON EFFORTS TO REPLACE INOPERABLE EJECTION SEAT + AIRCRAFT LOCATOR BEACONS. + + (a) Notification.--Not later than 180 days after the date of the +enactment of this Act and on a semi-annual basis thereafter until the +date specified in subsection (b), the Under Secretary of Defense for +Acquisition and Sustainment shall submit to the congressional defense +committees a written notification that describes, with respect to the +period covered by the notification-- + (1) the efforts of the service acquisition executives of + the Department of the Air Force and the Department of the Navy + to replace ejection seat aircraft locator beacons that are-- + (A) installed on covered aircraft; and + (B) inoperable in water or in wet conditions; and + (2) the funding allocated for such efforts. + (b) Date Specified.--The date specified in this subsection is the +earlier of-- + (1) the date on which the Under Secretary of Defense for + Acquisition and Sustainment determines that all ejection seat + aircraft locator beacons installed on covered aircraft are + operable in water and wet conditions; or + (2) the date that is 5 years after the date of the + enactment of this Act. + (c) Definitions.--In this section: + (1) The term ``covered aircraft'' means aircraft of the Air + Force, the Navy, and the Marine Corps that are equipped with + ejection seats. + (2) The term ``service acquisition executive of the + Department of the Air Force'' does not include the Service + Acquisition Executive of the Department of the Air Force for + Space Systems and Programs described in section 957 of the + National Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92; 10 U.S.C. 9016 note). + +SEC. 134. LIMITATION ON USE OF FUNDS FOR THE ARMED OVERWATCH PROGRAM. + + None of the funds authorized to be appropriated by this Act or +otherwise made available for fiscal year 2021 for procurement for the +Armed Overwatch Program of the United States Special Operations Command +may be obligated or expended until the date on which-- + (1) the Secretary of Defense certifies to the congressional + defense committees that-- + (A) the Secretary has completed a requirements + review of the Armed Overwatch Program; and + (B) the Secretary has conducted a review of the + roles and responsibilities of the United States Air + Force and the United States Special Operations Command + with respect to close air support and armed + intelligence, surveillance, and reconnaissance and, as + a result of such review, the Secretary has identified + the Armed Overwatch Program as a special operations + forces-peculiar requirement; and + (2) the Commander of United States Special Operations + Command submits to the congressional defense committees-- + (A) certification that the Commander or Deputy + Commander has approved the documentation of the Special + Operations Command Requirements Evaluation Board; and + (B) a requirements plan for the Armed Overwatch + program that includes-- + (i) an analysis of alternatives; + (ii) a procurement plan over the period + covered by the most recent future-years defense + program submitted under section 221 of title + 10, United States Code; + (iii) a sustainment plan with projected + costs; + (iv) a phase out plan of existing armed + intelligence, surveillance, and reconnaissance + platforms; + (v) a manpower and training analysis, and; + (vi) doctrinal considerations for + employment; and + (C) a roadmap analyzing whether the near-term to + mid-term multi-mission responsibilities of the Armed + Overwatch Program are consistent with the intelligence, + surveillance, and reconnaissance requirements of the + various special operations forces units and missions, + and the geographic combatant commands. + +SEC. 135. INVESTMENT AND SUSTAINMENT PLAN FOR PROCUREMENT OF CANNON + TUBES. + + (a) Strategy Required.--The Secretary of the Army shall develop a +comprehensive, long-term strategy, which shall include a risk +assessment, gap analysis, proposed courses of action, investment +options, and a sustainment plan, for the development, production, +procurement and modernization of cannon and large caliber weapons tubes +that mitigates identified risks and gaps to the Army and the defense +industrial base. + (b) Elements.--The strategy under subsection (a) shall include the +following: + (1) An assessment of the sufficiency of the cannon tube + industrial base to meet near and long-term development and + production requirements, including an analysis of any + capability or capacity gaps that may exist currently or into + the future given current and planned program demands. + (2) An analysis of the resources required and planned for + the cannon tube industrial base across the future years defense + program. + (3) A detailed analysis and explanation of the courses of + action necessary to mitigate any existing or projected future + capability gaps and deficiencies, including the establishment + of a permanent or temporary second source for cannon and large + caliber weapons tubes if advisable, feasible, suitable, and + affordable. + (4) Funding and timelines associated with the + identification, qualification and sustainment of a permanent or + temporary second source for cannon and large caliber weapons + tubes through full and open competition that would be required + to mitigate significant development, production, procurement, + and modernization risk in the cannon tube industrial base. + (5) Such other information as the Secretary of the Army + determines to be appropriate. + (c) Submittal to Congress.--Not later than 90 days after the date +of the enactment of this Act, the Secretary of the Army shall submit to +the congressional defense committees a copy of the strategy developed +under subsection (a). + + TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + + Subtitle A--Authorization of Appropriations + +SEC. 201. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Department of Defense for research, development, +test, and evaluation, as specified in the funding table in section +4201. + + Subtitle B--Program Requirements, Restrictions, and Limitations + +SEC. 211. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH FOR + TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM. + + (a) Pilot Subprogram.--Section 2192a of title 10, United States +Code, is amended-- + (1) by redesignating subsections (b) through (h) as + subsections (c) through (i); + (2) by inserting after subsection (a) the following new + subsection: + ``(b) Requirement for Pilot Subprogram.-- + ``(1) In general.--As a subprogram of the program under + subsection (a), the Secretary of Defense shall carry out a + pilot program to be known as the `National Security Pipeline + Pilot Program' (referred to in this section as the `Pilot + Program') under which the Secretary shall seek to enter into + partnerships with minority institutions to diversify the + participants in the program under subsection (a). + ``(2) Elements.--Under the Pilot Program, the Secretary of + Defense shall-- + ``(A) provide an appropriate amount of financial + assistance under subsection (c) to an individual who is + pursuing an associate's degree, undergraduate degree, + or advanced degree at a minority institution; + ``(B) provide such financial assistance to + recipients in conjunction with summer internship + opportunities or other meaningful temporary + appointments within the Department; and + ``(C) periodically evaluate the success of + recruiting individuals for scholarships under this + subsection and on hiring and retaining those + individuals in the public sector workforce. + ``(3) Reports.-- + ``(A) Initial report.--Not later than December 31, + 2022, the Secretary of Defense shall submit to the + congressional defense committees a report on the + establishment of the Pilot Program. At a minimum, the + report shall identify the number of students + participating in the pilot program as of the date of + the report, the fields of study pursued by such + students, and the minority institutions at which such + students are enrolled. + ``(B) Final report.--Not later than September 30, + 2024, the Secretary of Defense shall submit to the + congressional defense committees a report that + evaluates the success of the pilot program in + recruiting individuals for scholarships under this + section and hiring and retaining those individuals in + the public sector workforce. + ``(4) Termination.--The Pilot Program shall terminate on + December 31, 2026.''; + (3) in subsection (c)(1), as so redesignated-- + (A) in subparagraph (A), by striking ``subsection + (g)'' and inserting ``subsection (h)''; and + (B) in subparagraph (C), by striking ``subsection + (c)'' and inserting ``subsection (d)''; + (4) in subsection (d), as so redesignated-- + (A) by redesignating paragraph (3) as paragraph + (4); and + (B) by inserting after paragraph (2) the following + new paragraph: + ``(3) Pursuant to regulations prescribed by the Secretary + of Defense for such purpose, a scholarship recipient who is not + serving in the Armed Forces at the time the scholarship is + received may fulfill the condition described in paragraph (1) + by serving on active duty in the Armed Forces.''; and + (5) by amending subsection (i), as so redesignated, to read + as follows: + ``(i) Definitions.--In this section: + ``(1) The term `institution of higher education' has the + meaning given such term in section 101 of the Higher Education + Act of 1965 (20 U.S.C. 1001). + ``(2) The term `minority institution' means an institution + of higher education at which not less than 50 percent of the + total student enrollment consists of students from ethnic + groups that are underrepresented in the fields of science and + engineering.''. + (b) Additional Modifications.--Section 2192a of title 10, United +States Code, as amended by subsection (a), is further amended-- + (1) in subsection (d), by adding at the end the following + new paragraph: + ``(5) In employing participants during the period of + obligated service, the Secretary shall ensure that participants + are compensated at a rate that is comparable to the rate of + compensation for employment in a similar position in the + private sector.''. + (2) by redesignating subsections (e) through (i) as + subsections (f) through (j), respectively; + (3) by inserting after subsection (d) the following new + subsection: + ``(e) Internship Requirement.--In addition to the period of +obligated service required under subsection (d), before completing a +degree program for which a scholarship was awarded under this section, +each participant shall participate in a paid internship for a period of +not less than eight weeks with a defense industry sponsor. The +Secretary shall work with each defense industry sponsor to ensure there +are sufficient paid internships available for all participants, and +that each such defense industry sponsor-- + ``(1)(A) may be a potential employer for purpose of the + participant's period of obligated service as described + subsection (d)(1)(B)(ii); or + ``(B) may offer full time employment for a participant's + last year of obligated service after the participant completes + remaining years owed; and + ``(2) has agreed to be a defense industry sponsor making a + minimum contribution for each participant who receives an + internship, which shall be a minimum amount determined by the + Secretary, but not less than an amount equal to 50 percent of + the cost of an average scholarship under this section.''; + (4) in subsection (h), as so redesignated-- + (A) by striking ``The Secretary of Defense shall'' + and inserting: + ``(1) The Secretary of Defense shall''; and + (B) by adding at the end the following new + paragraph: + ``(2)(A) The Secretary of Defense shall establish or + designate an organization within the Department of Defense + which shall have primary responsibility for building cohesion + and collaboration across the various scholarship and employment + programs of the Department. + ``(B) The organization described in subparagraph (A) shall + have the following duties-- + ``(i) establish an interconnected network and + database across the scholarship and employment programs + of the Department, including, at a minimum the SMART + Defense Education Program, the Defense Civilian + Training Corps, the National Defense Science and + Engineering Graduate Fellowship, the Army AEOP + apprenticeship program, and the Consortium Research + Fellows Program; + ``(ii) aid in matching scholarships to individuals + pursuing courses of study in in-demand skill areas; and + ``(iii) build a network of program participants, + past, present, and future whom DOD departments can draw + on to fill skills gaps. + ``(C) On an annual basis, the organization described in + subparagraph (A) shall publish, on a publicly accessible + website of the Department of Defense, an annual report on the + workforce requirements and expected future needs of the + civilian workforce of the Department of Defense.''; + (5) by redesignating subsection (j), as so redesignated, as + subsection (k); + (6) by inserting after subsection (i) the following new + subsection: + ``(j) Special Rule.--In each year of the program under this +section, not less than 20 percent of the applicants who are awarded +scholarships shall be individuals pursuing degrees in computer science +or a related field of study.''; and + (7) in subsection (k), as so redesignated, by adding at the + end the following new paragraph: + ``(3) The term `defense industry sponsor' means-- + ``(A) a defense contractor with an active + government contract that makes the required minimum + contribution described in subsection (e)(2); or + ``(B) a company deemed critical to the national + security infrastructure that makes such a + contribution.''. + +SEC. 212. ENHANCED PARTICIPATION OF DEPARTMENT OF DEFENSE CONTRACTORS + IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS + ACTIVITIES. + + (a) In General.-- + (1) Program required.--Chapter 111 of title 10, United + States Code, is amended by inserting after section 2192b the + following new section: +``Sec. 2192c. Program to enhance contractor participation in science, + technology, engineering, and mathematics activities + ``(a) In General.--The Secretary of Defense shall carry out a +program under which the Secretary shall seek to enter into partnerships +with Department of Defense contractors to promote interest in careers +in STEM disciplines. + ``(b) Objectives.--The objectives of the program under subsection +(a) are-- + ``(1) to maximize strategic partnerships between + institutions of higher education and private sector + organizations to build and strengthen communities involved in + STEM disciplines; + ``(2) to increase diversity, equity, and inclusion by + providing access to career paths in STEM in historically + underserved and underrepresented communities; + ``(3) to encourage employers in STEM disciplines to + establish work-based learning experiences such as internships + and apprenticeships; and + ``(4) to build partnerships with minority and woman-owned + Department of Defense contractors to establish work-based + learning experiences such as internships and apprenticeships. + ``(c) Activities.--As part of the program under subsection (a), the +Secretary of Defense shall seek to encourage and provide support to +Department of Defense contractors to enable such contractors to carry +out activities to promote interest in careers in STEM disciplines. Such +activities may include-- + ``(1) aiding in the development of educational programs and + curriculum in STEM disciplines for students of elementary + schools and secondary schools; + ``(2) establishing volunteer programs in elementary schools + and secondary schools receiving assistance under part A of + title I of the Elementary and Secondary Education Act of 1965 + (20 U.S.C. 6311 et seq.) to enhance education in STEM + disciplines; + ``(3) enhancing education in STEM disciplines at + institutions of higher education by-- + ``(A) making personnel available to advise and + assist faculty at such institutions in the performance + of research and instruction in STEM disciplines that + are determined to be critical to the functions of the + Department of Defense; + ``(B) awarding scholarships and fellowships to + students pursuing courses of study in STEM disciplines; + or + ``(C) establishing cooperative work-education + programs in STEM disciplines for students; or + ``(4) enhancing education in STEM disciplines at minority + institutions by-- + ``(A) establishing partnerships between offerors + and such institutions for the purpose of training + students in STEM disciplines; + ``(B) conducting recruitment activities at such + institutions; or + ``(C) making internships or apprenticeships + available to students of such institutions. + ``(d) Allowability of Costs.--Activities described in subsection +(c) shall be considered as allowable community service activities for +the purposes of determining allowability of cost on a government +contract. + ``(e) Definitions.--In this section: + ``(1) The terms `elementary school' and `secondary school' + have the meanings given those terms in section 8101 of the + Higher Education Act of 1965 (20 U.S.C. 7801). + ``(2) The term `institution of higher education' has the + meaning given that term in section 101 of the Higher Education + Act of 1965 (20 U.S.C. 1001). + ``(3) The term `minority institution' means-- + ``(A) a part B institution (as that term is defined + in section 322(2) of the Higher Education Act of 1965 + (20 U.S.C. 1061(2)); or + ``(B) any other institution of higher education (as + that term is defined in section 101 of such Act (20 + U.S.C. 1001)) at which not less than 50 percent of the + total student enrollment consists of students from + ethnic groups that are underrepresented in the fields + of science and engineering. + ``(4) The term `STEM disciplines' means disciplines + relating to science, technology, engineering and mathematics, + including disciplines that are critical to the national + security functions of the Department of Defense and that are + needed in the Department of Defense workforce (as determined by + the Secretary of Defense under section 2192a(a)).''. + (2) Clerical amendment.--The table of sections at the + beginning of such chapter is amended by inserting after the + item relating to section 2192b the following new item: + +``2192c. Program to enhance contractor participation in science, + technology, engineering, and math + activities.''. + (b) Conforming Repeal.--Section 862 of the National Defense +Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. +note prec. 2191) is repealed. + +SEC. 213. MODIFICATION OF REQUIREMENTS RELATING TO CERTAIN COOPERATIVE + RESEARCH AND DEVELOPMENT AGREEMENTS. + + Section 2350a of title 10, United States Code, is amended-- + (1) in subsection (b)(2), by striking ``and the Under + Secretary'' and inserting ``or the Under Secretary''; + (2) in subsection (c)-- + (A) by striking ``Each cooperative'' and inserting + ``(1) Except as provided in paragraph (2), each + cooperative''; and + (B) by adding at the end the following new + paragraphs: + ``(2) A cooperative research and development project may be entered +into under this section under which costs are shared between the +participants on an unequal basis if the Secretary of Defense, or an +official specified in subsection (b)(2) to whom the Secretary delegates +authority under this paragraph, makes a written determination that +unequal cost sharing provides strategic value to the United States or +another participant in the project. + ``(3) For purposes of this subsection, the term `cost' means the +total value of cash and non-cash contributions.''; + (3) in subsection (d)-- + (A) in paragraph (1), by striking ``In order to'' + and inserting ``Except as provided in paragraph (2), in + order to''; + (B) by redesignating paragraph (2) as paragraph + (3); and + (C) by inserting after paragraph (1) the following + new paragraph: + ``(2)(A) The Secretary of Defense, or an official specified in +subsection (b)(2) to whom the Secretary delegates authority under this +paragraph, may waive the prohibition under paragraph (1) to allow the +procurement of qualified services from a foreign government, foreign +research organization, or other foreign entity on a case-by-case basis. + ``(B) Not later than 30 days before issuing a waiver under +subparagraph (A), the Secretary of Defense or the official specified in +subsection (b)(2) to whom the Secretary delegates authority under this +paragraph (as the case may be) shall submit to the congressional +defense committees, the Committee on Foreign Affairs of the House of +Representatives, and the Committee on Foreign Relations of the Senate +written notice of the intent to issue such a waiver. + ``(C) For purposes of this paragraph, the term `qualified services' +means engineering support services and local management services, +including launch support services, test configuration support services, +test range support services, and development support services, that are +not covered by a memorandum of understanding (or other formal +agreement) to conduct a cooperative research and development project +under this section.''. + +SEC. 214. PILOT PROGRAM ON TALENT OPTIMIZATION. + + Section 2358b of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(e) Pilot Program on Talent Optimization.-- + ``(1) In general.--The Under Secretary of Defense for + Research and Engineering, acting through the Director of the + Defense Innovation Unit, shall carry out a pilot program to + develop a software-based system that enables active duty + military units to identify, access, and request support from + members of the reserve components who have the skills and + expertise necessary to carry out one or more functions required + of such units. + ``(2) Elements.--In carrying out the pilot program, the + Director of the Defense Innovation Unit shall-- + ``(A) ensure that the system developed under + paragraph (1)-- + ``(i) enables active duty units, in near + real-time, to identify members of the reserve + components who have the qualifications + necessary to meet certain requirements + applicable to the units; + ``(ii) improves the ability of the military + departments to access, on-demand, members of + the reserve components who possess relevant + experience; and + ``(iii) prioritizes access to members of + the reserve components who have private-sector + experience in the fields identified in section + (b); + ``(iv) leverages commercial best practices + for similar software systems; + ``(B) recommend policies and legislation to + streamline the use of members of the reserve components + by active duty units; and + ``(C) carry out such other activities as the + Director determines appropriate. + ``(3) Termination.--The authority to carry out the pilot + program under this subsection shall terminate on September 30, + 2025.''. + +SEC. 215. CODIFICATION OF THE NATIONAL SECURITY INNOVATION NETWORK. + + (a) Codification.-- + (1) In general.--Chapter 139 of title 10, United States + Code, is amended by inserting after section 2358b the following + new section: +``Sec. 2358c. National Security Innovation Network + ``(a) Establishment.--The Secretary of Defense shall establish a +program office to be known as the `National Security Innovation +Network' (referred to in this section as the `Network'). The Secretary +shall establish the Network within the Office of the Under Secretary of +Defense for Research and Engineering or within the office of another +principal staff assistant to the Secretary. + ``(b) Responsibilities.--The responsibilities of the Network shall +be-- + ``(1) to create a network throughout the United States that + connects the Department of Defense to academic institutions, + commercial accelerators and incubators, commercial innovation + hubs, and nonprofit entities with missions relating to national + security innovation; + ``(2) to expand the national security innovation base + through integrated, project-based problem solving that leads to + novel concept and solution development for the Department and + facilitates dual-use venture creation; + ``(3) to accelerate the adoption of novel concepts and + solutions by facilitating dual-use technology advancement to + improve acquisition and procurement outcomes; + ``(4) to work in coordination with the Under Secretary of + Defense for Personnel and Readiness, other principal staff + assistants within the Office of the Secretary, and the Armed + Forces to create new pathways and models of national security + service that facilitate term, temporary, and permanent + employment within the Department for-- + ``(A) students and graduates in the fields of + science, technology, arts, engineering, and + mathematics; + ``(B) early-career and mid-career technologists; + and + ``(C) entrepreneurs for purposes of project-based + work; + ``(5) to generate novel concepts and solutions to problems + and requirements articulated by entities within the Department + through programs, such as the Hacking for Defense program, that + combine end users from the Department, students and faculty + from academic institutions, and the early-stage dual-use + venture community; + ``(6) to establish physical locations throughout the United + States through which the Network will connect with academic and + private sector partners for the purposes of carrying the + responsibilities described in paragraphs (1) through (5); + ``(7) to leverage commercial software platforms and + databases that enable the Department of Defense to-- + ``(A) source and map user problems to markets and + suppliers across venture capital, government + innovation, and technology portfolios; + ``(B) collaboratively identify potential companies + and technologies that can solve unclassified and + classified Department of Defense user problems; + ``(C) integrate expertise from the venture capital + community and private sector subject matter experts; + ``(D) evaluate companies and solutions against + existing datasets for cyber and foreign ownership risk; + and + ``(E) access commercial technologies through an + accredited and cloud-based development environment, + consistent with Department standards; and + ``(8) to carry out such other activities as the Secretary + of Defense, in consultation with the head of the Network, + determines to be relevant to such responsibilities. + ``(c) Authorities.--In addition to the authorities provided under +this section, in carrying out this section, the Secretary of Defense +may use the following authorities: + ``(1) Section 1599g of this title relating to public- + private talent exchanges. + ``(2) Section 2368 of this title, relating to Centers for + Science, Technology, and Engineering Partnerships. + ``(3) Section 2374a of this title, relating to prizes for + advanced technology achievements. + ``(4) Section 2474 of this title, relating to Centers of + Industrial and Technical Excellence. + ``(5) Section 2521 of this title, relating to the + Manufacturing Technology Program. + ``(6) Subchapter VI of chapter 33 of title 5, relating to + assignments to and from States. + ``(7) Chapter 47 of such title, relating to personnel + research programs and demonstration projects. + ``(8) Section 12 of the Stevenson-Wydler Technology + Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of + title 31 relating to cooperative research and development + agreements. + ``(9) Such other authorities as the Secretary considers + appropriate. + ``(d) Definitions.--In this section: + ``(1) The term `dual-use venture' means a business that + provides products or services that are capable of meeting + requirements for military and nonmilitary applications. + ``(2) The term `early-stage dual-use venture' means a + business that provides products or services that are capable of + meeting requirements for military and nonmilitary applications + that has raised not more than $20,000,000 in private venture + capital, and whose principal product or service does not + support, either directly or indirectly, a current Department of + Defense program of record.''. + (2) Clerical amendment.--The table of sections at the + beginning of such chapter is amended by inserting after the + item relating to section 2358b the following new item: + +``2358c. National Security Innovation Network.''. + (b) Implementation.-- + (1) Transfers from other dod elements.--The Secretary of + Defense may transfer to the National Security Innovation + Network established under section 2358c of title 10, United + States Code (as added by subsection (a)) such personnel, + resources, and functions of other organizations and elements of + the Department of Defense as the Secretary considers + appropriate to carry out such section. + (2) Integration with existing nsin.--Effective on the date + of the enactment of this Act, the National Security Innovation + Network of the Department of Defense (as in existence on the + day before such date of enactment) shall be transferred to and + merged with the National Security Innovation Network + established under section 2358c of title 10, United States Code + (as added by subsection (a)). + (3) Implementation plan.-- + (A) In general.--Not later than 180 days after the + date of the enactment of this Act, the Secretary of + Defense shall submit to the congressional defense + committees a plan for implementing the National + Security Innovation Network under section 2358c of + title 10, United States Code (as added by subsection + (a)). + (B) Elements.--The plan required under paragraph + (1) shall include the following: + (i) Plans for any transfers the Secretary + intends to carry out under paragraph (1). + (ii) Plans for the funding, integration, + and evaluation of the Network, including plans + for-- + (I) future funding and + administrative support of the Network; + (II) integration of the Network + into the programming, planning, + budgeting, and execution process of the + Department of Defense; + (III) integration of the Network + with the other programs and initiatives + within the Department that have + missions relating to innovation and + outreach to the academic and the + private sector early-stage dual-use + venture community (as defined in + section 2358c of title 10, United + States Code (as added by subsection + (a)); and + (IV) performance indicators by + which the Network will be assessed and + evaluated. + (iii) A description of any additional + authorities the Secretary may require to ensure + that the Network is able to effectively carry + out the responsibilities specified in section + 2358c(c) of title 10, United States Code (as + added by subsection (a)). + (c) Comptroller General Reviews and Reports.-- + (1) Review and report on implementation plan.--Not later + than 180 days after the date on which the implementation plan + is submitted under subsection (b)(3), the Comptroller General + of the United States shall-- + (A) complete a review of the implementation plan; + (B) submit to the congressional defense committees + a report on the results of the review. + (2) Program evaluation and report.-- + (A) In general.--Not later than 3 years after the + date of the enactment of this Act, the Comptroller + General of the United States shall-- + (i) complete an evaluation of the National + Security Innovation Network under section 2358c + of title 10, United States Code (as added by + subsection (a)); and + (ii) submit to the appropriate + congressional committees a report on the + results of the evaluation. + (B) Appropriate congressional committees defined.-- + In this paragraph, the term ``appropriate congressional + committees'' means-- + (i) the congressional defense committees; + (ii) the Committee on Homeland Security and + Governmental Affairs of the Senate; and + (iii) the Committee on Oversight and Reform + of the House of Representatives. + +SEC. 216. MODIFICATION OF PILOT PROGRAM ON ENHANCED CIVICS EDUCATION. + + (a) In General.--Section 234 of the National Defense Authorization +Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2164 note) is +amended-- + (1) in subsection (e)(1)-- + (A) in subparagraph (H), by striking ``and'' at the + end; and + (B) by adding at the end the following new + subparagraph: + ``(J) the improvement of critical thinking and + media literacy among students, including the + improvement of students' abilities with respect to-- + ``(i) research and information fluency; + ``(ii) critical thinking and problem + solving skills; + ``(iii) technology operations and concepts; + ``(iv) information and technological + literacy; + ``(v) understanding of the importance of + obtaining information from multiple media + sources and evaluating sources for quality; and + ``(vi) understanding how information on + digital platforms can be altered through + algorithms, editing, and augmented reality; + and''; and + (2) in subsection (g), by adding at the end the following + new paragraph: + ``(3) The term `media literacy' means the ability to-- + ``(A) access relevant and accurate information + through media in a variety of forms; + ``(B) critically analyze media content and the + influences of different forms of media; + ``(C) evaluate the comprehensiveness, relevance, + credibility, authority, and accuracy of information; + ``(D) make educated decisions based on information + obtained from media and digital sources;''. + (b) Deadline for Implementation.--Not later than 90 days after the +date of the enactment of this Act, the Secretary of Defense shall +implement the pilot program under section 234 of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. +2164 note), as amended by subsection (a). + (c) Progress Report.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on the efforts of Secretary +to implement the pilot program under section 234 of the National +Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 +U.S.C. 2164 note), as amended by subsection (a). + +SEC. 217. MODIFICATION OF JOINT ARTIFICIAL INTELLIGENCE RESEARCH, + DEVELOPMENT, AND TRANSITION ACTIVITIES. + + Section 238 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is +amended-- + (1) in the section heading, by inserting ``and improvement + of the joint artificial intelligence center'' before the period + at the end; + (2) in subsection (a)-- + (A) in paragraph (1), by inserting ``acquire,'' + before ``develop''; and + (B) by amending paragraph (2) to read as follows: + ``(2) Emphasis.--The set of activities established under + paragraph (1) shall include-- + ``(A) acquisition and development of mature + artificial intelligence technology; + ``(B) applying artificial intelligence and machine + learning solutions to operational problems by directly + delivering artificial intelligence capabilities to the + Armed Forces and other organizations and elements of + the Department; + ``(C) accelerating the development, testing, and + fielding of new artificial intelligence and artificial + intelligence-enabling capabilities; and + ``(D) coordinating and deconflicting activities + involving artificial intelligence and artificial + intelligence-enabled capabilities within the + Department.''; + (3) by amending subsection (b) to read as follows: + ``(b) Responsible Official.--The Deputy Secretary of Defense shall +be the official within the Department of Defense with principal +responsibility for the coordination of activities relating to the +acquisition, development, and demonstration of artificial intelligence +and machine learning for the Department.''; + (4) by redesignating subsections (c) through (g) as + subsections (d) through (h), respectively; + (5) by inserting after subsection (b) the following new + subsection: + ``(c) Organization.-- + ``(1) Role of joint artificial intelligence center.--The + set of activities established under subsection (a)(1) shall be + established within the Joint Artificial Intelligence Center. + ``(2) Authority of deputy secretary of defense.--The Deputy + Secretary of Defense shall exercise authority and direction + over the Joint Artificial Intelligence Center. + ``(3) Authority of director.--The Director of the Joint + Artificial Intelligence Center shall report directly to the + Deputy Secretary of Defense. + ``(4) Delegation.--In exercising authority and direction + over the Joint Artificial Intelligence Center under subsection + (a), the Deputy Secretary of Defense may delegate + administrative and ancillary management duties to the Chief + Information Officer of the Department of Defense, as needed, to + effectively and efficiently execute the mission of the + Center.''; + (6) in subsection (d), as so redesignated-- + (A) in the matter preceding paragraph (1), by + striking ``official designated under subsection (b)'' + and inserting ``Deputy Secretary of Defense''; + (B) in paragraph (1), in the matter preceding + subparagraph (A), by inserting ``acquire,'' before + ``develop''; + (C) in the heading of paragraph (2), by striking + ``development'' and inserting ``acquisition, + development,''; and + (D) in paragraph (2)-- + (i) in the matter preceding subparagraph + (A), by striking ``To the degree practicable, + the designated official'' and inserting ``The + Deputy Secretary of Defense''; + (ii) in subparagraph (A), by striking + ``development'' and inserting ``acquisition, + development,''; + (iii) by redesignating subparagraphs (H) + and (I) as subparagraphs (J) and (K), + respectively; and + (iv) by inserting after subparagraph (G), + the following new subparagraphs: + ``(H) develop standard data formats for the + Department that-- + ``(i) aid in defining the relative maturity + of datasets; and + ``(ii) inform best practices for cost and + schedule computation, data collection + strategies aligned to mission outcomes, and + dataset maintenance practices; + ``(I) establish data and model usage agreements and + collaborative partnership agreements for artificial + intelligence product development with each organization + and element of the Department, including each of the + Armed Forces;''; + (7) in subsection (e), as so redesignated-- + (A) by striking ``the official designated under + subsection (b)'' and inserting ``the Director of the + Joint Artificial Intelligence Center''; + (B) by striking ``subsection (c)'' and inserting + ``subsection (d)''; and + (C) by adding at the end the following: ``At a + minimum, such access shall ensure that the Director has + the ability to discover, access, share, and reuse data + and models of the Armed Forces and other organizations + and elements of the Department of Defense and to build + and maintain data for the Department.''; + (8) in subsection (f), as so redesignated-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A), by striking ``official designated under + subsection (b)'' and inserting ``Deputy + Secretary of Defense''; and + (ii) in subparagraph (B), by striking + ``designated official'' and inserting ``Deputy + Secretary of defense''; and + (B) in paragraph (2), by striking ``designated + official'' and inserting ``Deputy Secretary of + Defense''; and + (9) by adding at the end the following new subsection: + ``(i) Joint Artificial Intelligence Center Defined.--The term +`Joint Artificial Intelligence Center' means the Joint Artificial +Intelligence Center of the Department of Defense established pursuant +to the memorandum of the Secretary of Defense dated June 27, 2018, and +titled `Establishment of the Joint Artificial Intelligence Center', or +any successor to such Center.''. + +SEC. 218. MODIFICATION OF NATIONAL SECURITY INNOVATION ACTIVITIES AND + MANUFACTURING PILOT PROGRAM. + + (a) National Security Innovation Activities.--Section 230 of the +John S. McCain National Defense Authorization Act for Fiscal Year 2019 +(10 U.S.C. 2358 note) is amended-- + (1) in subsection (a), by striking ``The Under Secretary of + Defense for Research and Engineering shall establish'' and + inserting ``The Under Secretary of Defense for Research and + Engineering, acting through the Director of the Defense + Innovation Unit, shall establish''; + (2) by redesignating subsections (e) through (h) as + subsections (f) through (i), respectively; + (3) by inserting after subsection (d) the following new + subsection: + ``(e) Establishment of Advisory Board.-- + ``(1) In general.--Not earlier than the date specified in + paragraph (5), but no later than 180 days after such date, the + Under Secretary shall establish an advisory board within the + Defense Innovation Unit to advise the Under Secretary and the + Director of the Unit with respect to the establishment and + prioritization of activities under such subsection (a). + ``(2) Duties.--The advisory board established under + paragraph (1) shall-- + ``(A) identify activities that should be + prioritized for establishment under subsection (a); + ``(B) not less frequently that semiannually, + reevaluate and update such priorities; and + ``(C) ensure continuing alignment of the activities + established under subsection (a), including all + elements of such activities described in subsection + (b), with the overall technology strategy of the + Department of Defense. + ``(3) Membership.--The advisory board established under + paragraph (1) shall be composed of one or more representatives + from each of the following: + ``(A) Each science and technology reinvention + laboratory of the Department of Defense. + ``(B) The primary procurement organization of each + Armed Force. + ``(C) The Defense Innovation Board. + ``(D) Such other organizations and elements of the + Department of Defense as the Under Secretary, in + consultation with the Director of the Defense + Innovation Unit, determines appropriate. + ``(4) Plan.--Not later than 90 days before the date on + which the advisory board is established under paragraph (1), + the Under Secretary shall submit to the congressional defense + committees a plan for establishing the advisory board, + including a description of the expected roles, + responsibilities, and membership of the advisory board. + ``(5) Date specified.--The date specified in this paragraph + is the date on which funds are first appropriated or otherwise + made available to carry out subsection (a).''; and + (4) in subsection (h), as so redesignated, by striking + ``subsection (h)'' and inserting ``subsection (i)''. + (b) Pilot Program on Defense Manufacturing.--Section 1711 of the +National Defense Authorization Act for Fiscal Year 2018 (Public Law +115-91; 10 U.S.C. 2505 note) is amended-- + (1) in subsection (d), by striking ``the date that is four + years after the date of the enactment of this Act'' and + inserting ``December 31, 2026''; and + (2) in subsection (e), by striking ``January 31, 2022'' and + inserting ``January 31, 2027''. + +SEC. 219. EXTENSION OF PILOT PROGRAM FOR THE ENHANCEMENT OF THE + RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS OF + THE DEPARTMENT OF DEFENSE. + + (a) In General.--Section 233 of the National Defense Authorization +Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is +amended-- + (1) in subsection (e), by striking ``2022'' and inserting + ``2027''; and + (2) in subsection (f)-- + (A) by amending paragraph (1) to read as follows: + ``(1) In general.--Not later than one year after the date + of the enactment of the National Defense Authorization Act for + Fiscal Year 2021, the Secretary of Defense shall submit to the + congressional defense committees a report on the status of the + pilot program.''; and + (B) in paragraph (2), by adding at the end the + following new subparagraph: + ``(F) With respect to any military department not + participating in the pilot program, an explanation for + such nonparticipation, including identification of-- + ``(i) any issues that may be preventing + such participation; and + ``(ii) any offices or other elements of the + department that may be responsible for the + delay in participation.''. + (b) Technical Amendment.--Effective as of December 23, 2016, and as +if included therein as enacted, section 233(c)(2)(C)(ii) of the +National Defense Authorization Act for Fiscal Year 2017 (Public Law +114-328; 10 U.S.C. 2358 note) is amended by striking ``Assistant +Secretary of the Army for Acquisition, Technology, and Logistics'' and +inserting ``Assistant Secretary of the Army for Acquisition, Logistics, +and Technology''. + +SEC. 220. DIGITAL DATA MANAGEMENT AND ANALYTICS CAPABILITY. + + (a) Digital Data Management and Analytics Capability.-- + (1) In general.--The Secretary of Defense shall develop and + implement an advanced digital data management and analytics + capability to be used-- + (A) to digitally integrate all elements of the + acquisition process of the Department of Defense; + (B) to digitally record and track all relevant data + generated during the research, development, testing, + and evaluation of systems; and + (C) to maximize the use of such data to inform-- + (i) the further development and improvement + of such systems; and + (ii) the acquisition process for such + systems. + (2) Requirements.--The capability developed under paragraph + (1) shall meet the following requirements: + (A) The capability will be accessible to, and + useable by, individuals throughout the Department of + Defense who have responsibilities relating to + capability requirements, research, design, development, + testing, evaluation, acquisition, management, + operations, and sustainment of systems. + (B) The capability will provide for the + development, use, curation, and maintenance of + authoritative and technically accurate digital + systems-- + (i) to reduce the burden of reporting by + officials responsible for executing programs; + (ii) to ensure shared access to data within + the Department; + (iii) to supply data to digital engineering + models for use in the defense acquisition + process; + (iv) to supply data to testing + infrastructure and software to support + automated approaches for testing, evaluation, + and deployment throughout the defense + acquisition process; and + (v) to provide timely analyses to + Department leadership. + (C) The capability will be designed-- + (i) to improve data management processes in + the research, development, acquisition, and + sustainment activities of the Department; + (ii) to provide decision makers in the + Department with timely, high-quality, + transparent, and actionable analyses for + optimal development, acquisition, and + sustainment decision making and execution; + (iii) to facilitate productivity, + discovery, access, knowledge sharing, and + analysis of acquisition-related data across + organizational boundaries at all levels of the + Department, including through the development + of acquisition documentation; and + (iv) to build and improve analytical models + and simulations to enhance the development, + test, and use of weapon systems. + (3) Software requirement.-- + (A) In general.--The capability developed under + paragraph (1) shall include software to collect, + organize, manage, make available, and analyze relevant + data throughout the life cycle of defense acquisition + programs, including any data needed to satisfy + milestone requirements and reviews. + (B) Procurement authority.--The software described + in subparagraph (A) may be developed or procured using + the authorities provided under section 800 of the + National Defense Authorization Act for Fiscal Year 2020 + (Public Law 116-92; 133 Stat. 1478). + (4) Review.--In developing the capability required under + paragraph (1) the Secretary of Defense shall-- + (A) review data content and requirements to support + planning and reporting of functions and remove + redundant data requests across functions; and + (B) based on such review, develop recommended + approaches for-- + (i) moving supporting processes from analog + to digital format, including planning and + reporting processes; + (ii) making new data active through + digitalization; + (iii) making legacy data, including data + currently residing in program documentation, + active through digitalization; and + (iv) modernizing the storage, retrieval, + and reporting capabilities for stakeholders + within the Department, including research + entities, Program Management Offices, analytic + organizations, enterprise oversight, and + decision makers. + (b) Demonstration Activities.-- + (1) In general.--The Secretary of Defense shall carry out + demonstration activities to test various approaches to building + the capability required under subsection (a). + (2) Program selection.--Not later than 180 days after the + date of the enactment of this Act, the Secretary of Defense + shall assess and select not fewer than two and not more than + five programs of the Department of Defense to participate in + the demonstration activities under paragraph (1), including-- + (A) one or more acquisition data management test + cases; and + (B) one or more development and test modeling and + simulation test cases to demonstrate the ability to + collect data from tests and operations in the field, + and feed the data back into models and simulations for + better software development and testing. + (3) Additional requirements.--As part of the demonstration + activities under paragraph (1), the Secretary shall-- + (A) conduct a comparative analysis that assesses + the risks and benefits of the digital management and + analytics capability used in each of the programs + participating in the demonstration activities relative + to the Department's traditional data collection, + reporting, exposing, and analysis approaches; + (B) ensure that the intellectual property strategy + for each of the programs participating in the + demonstration activities is best aligned to meet the + goals of the program; and + (C) develop a workforce and infrastructure plan to + support any new policies and guidance implemented in + connection with the demonstration activities, including + any policies and guidance implemented after the + completion of such activities. + (c) Policies and Guidance Required.--Not later than 18 months after +the date of the enactment of this Act, based on the results of the +demonstration activities carried out under subsection (b), the +Secretary of Defense shall issue or modify policies and guidance to-- + (1) promote the use of digital management and analytics + capabilities; and + (2) address roles, responsibilities, and procedures + relating to such capabilities. + (d) Steering Committee.-- + (1) In general.--The Secretary of Defense shall establish a + steering committee to assist the Secretary in carrying out + subsections (a) through (c). + (2) Membership.--The steering committee shall be composed + of the following members or their designees: + (A) The Chief Management Officer. + (B) The Chief Information Officer. + (C) The Director of Cost Assessment and Program + Evaluation. + (D) The Under Secretary of Defense for Research and + Engineering. + (E) The Under Secretary of Defense for Acquisition + and Sustainment. + (F) The Director of Operational Test and + Evaluation. + (G) The Service Acquisition Executives. + (H) The Director for Force Structure, Resources, + and Assessment of the Joint Staff. + (I) The Director of the Defense Digital Service. + (e) Independent Assessments.-- + (1) Initial assessment.-- + (A) In general.--The Defense Innovation Board, in + consultation with the Defense Digital Service, shall + conduct an independent assessment to identify + recommended approaches for the implementation of + subsections (a) through (c). + (B) Elements.--The assessment under subparagraph + (A) shall include the following: + (i) A plan for the development and + implementation of the capability required under + subsection (a), including a plan for any + procurement that may be required as part of + such development and implementation. + (ii) An independent cost assessment of the + total estimated cost of developing and + implementing the capability. + (iii) An independent estimate of the + schedule for the development and implementation + of the capability, including a reasonable + estimate of the dates on which the capability + can be expected to achieve initial operational + capability and full operational capability, + respectively. + (iv) A recommendation identifying the + office or other organization of the Department + of Defense that would be most appropriate to + manage and execute the capability. + (C) Report.--Not later than 180 days after the date + of the enactment of this Act, the Defense Innovation + Board, in consultation with the Defense Digital + Service, shall submit to the Secretary of Defense and + the congressional defense committees a report on the + findings of the assessment under subparagraph (A), + including the findings of the assessment with respect + to each element specified in subparagraph (B). + (2) Final assessment.-- + (A) In general.--Not later than March 15, 2022, the + Defense Innovation Board and the Defense Science Board + shall jointly complete an independent assessment of the + progress of the Secretary in implementing subsections + (a) through (c). The Secretary of Defense shall ensure + that the Defense Innovation Board and the Defense + Science Board have access to the resources, data, and + information necessary to complete the assessment. + (B) Information to congress.--Not later than 30 + days after the date on which the assessment under + subparagraph (A) is completed, the Defense Innovation + Board and the Defense Science Board shall jointly + provide to the congressional defense committees-- + (i) a report summarizing the assessment; + and + (ii) a briefing on the findings of the + assessment. + (f) Report and Briefing.-- + (1) Report on implementation.--Not later than 90 days after + the date on which the report described in subsection (e)(1)(C) + is submitted to the congressional defense committees, the + Secretary of Defense shall submit to the congressional defense + committees a report on the progress of the Secretary in + implementing subsections (a) through (c). The report shall + include an explanation of how the results of the demonstration + activities carried out under subsection (b) will be + incorporated into the policy and guidance required under + subsection (c), particularly the policy and guidance of the + members of the steering committee established under subsection + (d). + (2) Briefing on legislative recommendations.--Not later + than October 15, 2021, the Secretary of Defense shall provide + to the Committee on Armed Services of the House of + Representatives a briefing that identifies any changes to + existing law that may be necessary to facilitate the + implementation of subsections (a) through (c). + +SEC. 221. SOCIAL SCIENCE, MANAGEMENT SCIENCE, AND INFORMATION SCIENCE + RESEARCH ACTIVITIES. + + (a) Establishment.--The Secretary of Defense, acting through the +Under Secretary of Defense for Research and Engineering, shall carry +out a program of research and development in social science, management +science, and information science. + (b) Purposes.--The purposes of the program required under +subsection (a) are as follows: + (1) To ensure that the Department of Defense has access to + innovation and expertise in social science, management science, + and information science to enable the Department to improve the + effectiveness and efficiency of the Department's operational + and management activities. + (2) To coordinate all research and development within the + Department in the fields of social science, management science, + and information science. + (3) To enhance cooperation and collaboration on research + and development in the fields of social science, management + science, and information science among the Department of + Defense and appropriate private sector and international + entities that are involved in such research and development. + (4) To develop and manage a portfolio of research + initiatives in fundamental and applied social science, + management science, and information science that is stable, + consistent, and balanced across relevant disciplines. + (5) To accelerate efforts to transition and deploy + technologies and concepts derived from research and development + in the fields of social science, management science, and + information science into the Department of Defense, and to + establish policies, procedures, and standards for measuring the + success of such efforts. + (6) To collect, synthesize, and disseminate critical + information on research and development in the fields of social + science, management science, and information science. + (7) To support the missions and systems of the Department + by developing the fields of social science, management science, + and information science, including by supporting-- + (A) appropriate research and innovation in such + fields; and + (B) the development of an industrial base in such + fields, including development of the facilities, + workforce, and infrastructure that comprise such + industrial base. + (c) Administration.--The Under Secretary of Defense for Research +and Engineering shall supervise the planning, management, and +coordination of the program under subsection (a). + (d) Activities.--The Under Secretary of Defense for Research and +Engineering, in consultation with the Under Secretary of Defense for +Policy, the Secretaries of the military departments, and the heads of +relevant Defense Agencies, shall-- + (1) prescribe a set of long-term challenges and a set of + specific technical goals for the program, including-- + (A) optimization of analysis of national security + data sets; + (B) development of defense-related management + innovation activities; + (C) improving the operational use of social + science, management science, and information science + innovations by military commanders and civilian + leaders; + (D) improving understanding of the fundamental + social, cultural, and behavioral forces that shape the + strategic interests of the United States; and + (E) developing a Department of Defense workforce + capable of developing and leveraging innovations and + best practices in the fields of social science, + management science, and information science to support + defense missions; + (2) develop a coordinated and integrated research and + investment plan for meeting near-term, mid-term, and long-term + national security, defense-related, and Department management + challenges that-- + (A) includes definitive milestones; + (B) provides for achieving specific technical + goals; and + (C) builds upon the investments of the Department, + other departments and agencies of the Federal + Government, and the commercial sector in the fields of + social science, management science, and information + science; + (3) develop plans for-- + (A) the development of the Department's workforce + in social science, management science, and information + science; and + (B) enhancing awareness of social science, + management science, and information science within the + Department; and + (4) develop memoranda of agreement, joint funding + agreements, and such other cooperative arrangements as the + Under Secretary determines necessary for carrying out the + program under subsection (a). + (e) Guidance Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Under Secretary of Defense for + Research and Engineering shall develop and issue guidance for + defense-related social science, management science, and + information science activities, including-- + (A) classification and data management plans for + such activities; + (B) policies for control of personnel participating + in such activities to minimize the effects of the loss + of intellectual property in social science, management + science, and information science considered sensitive + to the Federal Government; and + (C) ensuring transition of social science, + management science, and information science research + findings into Department strategic documents. + (2) Updates.--Under Secretary of Defense for Research and + Engineering shall regularly update the guidance issued under + paragraph (4). + (f) Research Centers.-- + (1) In general.--The Secretary of each military department + may establish or designate an entity or activity under the + jurisdiction of such Secretary, which may include a Department + of Defense Laboratory, to serve as a research center in the + fields of social science, management science, and information + science. Each such research center shall engage with + appropriate public sector and private sector organizations, + including academic institutions, to enhance and accelerate the + research, development, and deployment of social science, + management science, and information science within the + Department. + (2) Minimum number.--The Secretary of Defense shall ensure + that not less than one research center is established or + designated under paragraph (1) by not later than 180 days after + the date of the enactment of this Act. + (g) Report.-- + (1) In general.--Not later than December 31, 2022, the + Secretary shall submit to the congressional defense committees + a report on the program. + (2) Form of report.--The report required under paragraph + (1) may be submitted in unclassified or classified form. + +SEC. 222. MEASURING AND INCENTIVIZING PROGRAMMING PROFICIENCY. + + (a) In General.--Not later than 2 years after the date of the +enactment of this Act, the Secretary of Defense shall carry out the +following activities: + (1) Leverage existing civilian software development and + software architecture certification programs to implement + coding language proficiency and artificial intelligence + competency tests within the Department of Defense that-- + (A) measure an individual's competency in using + machine learning tools, in a manner similar to the way + the Defense Language Proficiency Test measures + competency in foreign language skills; + (B) enable the identification of members of the + Armed Forces and civilian employees of the Department + of Defense who have varying levels of quantified coding + comprehension and skills and a propensity to learn new + programming paradigms, algorithms, and data analytics; + and + (C) include hands-on coding demonstrations and + challenges. + (2) Update existing record keeping systems to track + artificial intelligence and programming certification testing + results in a manner that is comparable to the system used for + tracking and documenting foreign language competency, and use + that record keeping system to ensure that workforce coding and + artificial intelligence comprehension and skills are taken into + consideration when making assignments. + (3) Implement a system of rewards, including appropriate + incentive pay and retention incentives, for members of the + Armed Forces and civilian employees of the Department of + Defense who perform successfully on specific language coding + proficiency and artificial intelligence competency tests and + make their skills available to the Department. + (b) Information Sharing With Other Federal Agencies.--The Secretary +of Defense shall share information on the activities carried out under +subsection (a) with the Secretary of Homeland Security, the Attorney +General, the Director of National Intelligence, and the heads of such +other organizations of the intelligence community as the Secretary +determines appropriate, for purposes of-- + (1) making information about the coding language + proficiency and artificial intelligence competency tests + developed under such subsection available to other Federal + national security agencies; and + (2) encouraging the heads of such agencies to implement + tracking and reward systems that are comparable to those + implemented by the Department of Defense pursuant to such + subsection. + +SEC. 223. INFORMATION TECHNOLOGY MODERNIZATION AND SECURITY EFFORTS. + + (a) Modernization Effort.-- + (1) Definitions.--In this subsection-- + (A) the term ``Assistant Secretary'' means the + Assistant Secretary of Commerce for Communications and + Information; + (B) the term ``covered agency''-- + (i) means any Federal entity that the + Assistant Secretary determines is appropriate; + and + (ii) includes the Department of Defense; + (C) the term ``Federal entity'' has the meaning + given the term in section 113(l) of the National + Telecommunications and Information Administration + Organization Act (47 U.S.C. 923(l)); + (D) the term ``Federal spectrum'' means frequencies + assigned on a primary basis to a covered agency; + (E) the term ``infrastructure'' means information + technology systems and information technologies, tools, + and databases; and + (F) the term ``NTIA'' means the National + Telecommunications and Information Administration. + (2) Initial interagency spectrum information technology + coordination.--Not later than 90 days after the date of + enactment of this Act, the Assistant Secretary, in consultation + with the Policy and Plans Steering Group, shall identify a + process to establish goals, including parameters to measure the + achievement of those goals, for the modernization of the + infrastructure of covered agencies relating to managing the use + of Federal spectrum by those agencies, which shall include-- + (A) the standardization of data inputs, modeling + algorithms, modeling and simulation processes, analysis + tools with respect to Federal spectrum, assumptions, + and any other tool to ensure interoperability and + functionality with respect to that infrastructure; + (B) other potential innovative technological + capabilities with respect to that infrastructure, + including cloud-based databases, artificial + intelligence technologies, automation, and improved + modeling and simulation capabilities; + (C) ways to improve the management of covered + agencies' use of Federal spectrum through that + infrastructure, including by-- + (i) increasing the efficiency of that + infrastructure; + (ii) addressing validation of usage with + respect to that infrastructure; + (iii) increasing the accuracy of that + infrastructure; + (iv) validating models used by that + infrastructure; and + (v) monitoring and enforcing requirements + that are imposed on covered agencies with + respect to the use of Federal spectrum by + covered agencies; + (D) ways to improve the ability of covered agencies + to meet mission requirements in congested environments + with respect to Federal spectrum, including as part of + automated adjustments to operations based on changing + conditions in those environments; + (E) the creation of a time-based automated + mechanism-- + (i) to share Federal spectrum between + covered agencies to collaboratively and + dynamically increase access to Federal spectrum + by those agencies; and + (ii) that could be scaled across Federal + spectrum; and + (F) the collaboration between covered agencies + necessary to ensure the interoperability of Federal + spectrum. + (3) Spectrum information technology modernization.-- + (A) In general.--Not later than 240 days after the + date of enactment of this Act, the Assistant Secretary + shall submit to Congress a report that contains the + plan of the NTIA to modernize and automate the + infrastructure of the NTIA relating to managing the use + of Federal spectrum by covered agencies so as to more + efficiently manage that use. + (B) Contents.--The report required under + subparagraph (A) shall include-- + (i) an assessment of the current, as of the + date on which the report is submitted, + infrastructure of the NTIA described in that + paragraph; + (ii) an acquisition strategy for the + modernized infrastructure of the NTIA described + in that paragraph, including how that + modernized infrastructure will enable covered + agencies to be more efficient and effective in + the use of Federal spectrum; + (iii) a timeline for the implementation of + the modernization efforts described in that + paragraph; + (iv) plans detailing how the modernized + infrastructure of the NTIA described in that + paragraph will-- + (I) enhance the security and + reliability of that infrastructure so + that such infrastructure satisfies the + requirements of the Federal Information + Security Management Act of 2002 (Public + Law 107-296; 116 Stat. 2135); + (II) improve data models and + analysis tools to increase the + efficiency of the spectrum use + described in that paragraph; + (III) enhance automation and + workflows, and reduce the scope and + level of manual effort, in order to-- + (aa) administer the + management of the spectrum use + described in that paragraph; + and + (bb) improve data quality + and processing time; and + (IV) improve the timeliness of + spectrum analyses and requests for + information, including requests + submitted pursuant to section 552 of + title 5, United States Code; + (v) an operations and maintenance plan with + respect to the modernized infrastructure of the + NTIA described in that paragraph; + (vi) a strategy for coordination between + the covered agencies within the Policy and + Plans Steering Group, which shall include-- + (I) a description of-- + (aa) those coordination + efforts, as in effect on the + date on which the report is + submitted; and + (bb) a plan for + coordination of those efforts + after the date on which the + report is submitted, including + with respect to the efforts + described in paragraph (4); + (II) a plan for standardizing-- + (aa) electromagnetic + spectrum analysis tools; + (bb) modeling and + simulation processes and + technologies; and + (cc) databases to provide + technical interference + assessments that are usable + across the Federal Government + as part of a common spectrum + management infrastructure for + covered agencies; + (III) a plan for each covered + agency to implement a modernization + plan described in paragraph (4)(A) that + is tailored to the particular timeline + of the agency; + (vii) identification of manually intensive + processes involved in managing Federal spectrum + and proposed enhancements to those processes; + (viii) metrics to evaluate the success of + the modernization efforts described in that + paragraph and any similar future efforts; and + (ix) an estimate of the cost of the + modernization efforts described in that + paragraph and any future maintenance with + respect to the modernized infrastructure of the + NTIA described in that paragraph, including the + cost of any personnel and equipment relating to + that maintenance. + (4) Interagency inputs.-- + (A) In general.--Not later than 1 year after the + date of enactment of this Act, the head of each covered + agency shall submit to the Assistant Secretary and the + Policy and Plans Steering Group a report that describes + the plan of the agency to modernize the infrastructure + of the agency with respect to the use of Federal + spectrum by the agency so that such modernized + infrastructure of the agency is interoperable with the + modernized infrastructure of the NTIA, as described in + paragraph (3). + (B) Contents.--Each report submitted by the head of + a covered agency under subparagraph (A) shall-- + (i) include-- + (I) an assessment of the current, + as of the date on which the report is + submitted, management capabilities of + the agency with respect to the use of + frequencies that are assigned to the + agency, which shall include a + description of any challenges faced by + the agency with respect to that + management; + (II) a timeline for completion of + the modernization efforts described in + that paragraph; and + (III) a description of potential + innovative technological capabilities + for the management of frequencies that + are assigned to the agency, as + determined under paragraph (2); + (IV) identification of agency- + specific requirements or constraints + relating to the infrastructure of the + agency; + (V) identification of any existing, + as of the date on which the report is + submitted, systems of the agency that + are duplicative of the modernized + infrastructure of the NTIA, as proposed + under paragraph (3); and + (VI) with respect to the report + submitted by the Secretary of Defense-- + (aa) a strategy for the + integration of systems or the + flow of data among the Armed + Forces, the military + departments, the Defense + Agencies and Department of + Defense Field Activities, and + other components of the + Department of Defense; + (bb) a plan for the + implementation of solutions to + the use of Federal spectrum by + the Department of Defense + involving information at + multiple levels of + classification; and + (cc) a strategy for + addressing, within the + modernized infrastructure of + the Department of Defense + described in that paragraph, + the exchange of information + between the Department of + Defense and the NTIA in order + to accomplish required + processing of all Department of + Defense domestic spectrum + coordination and management + activities; and + (ii) be submitted in an unclassified + format, with a classified annex, as + appropriate. + (C) Notification of congress.--Upon submission of + the report required under subparagraph (A), the head of + each covered agency shall notify Congress that the head + of the covered agency has submitted the report. + (5) GAO oversight.--The Comptroller General of the United + States shall-- + (A) not later than 90 days after the date of + enactment of this Act, conduct a review of the + infrastructure of covered agencies, as that + infrastructure exists on the date of enactment of this + Act; + (B) after all of the reports required under + paragraph (4) have been submitted, conduct oversight of + the implementation of the modernization plans submitted + by the NTIA and covered agencies under paragraphs (3) + and (4), respectively; + (C) not later than 1 year after the date on which + the Comptroller General begins conducting oversight + under subparagraph (B), and annually thereafter, submit + a report regarding that oversight to-- + (i) with respect to the implementation of + the modernization plan of the Department of + Defense, the Committee on Armed Services of the + Senate and the Committee on Armed Services of + the House of Representatives; and + (ii) with respect to the implementation of + the modernization plans of all covered + agencies, including the Department of Defense, + the Committee on Commerce, Science, and + Transportation of the Senate and the Committee + on Energy and Commerce of the House of + Representatives; and + (D) provide regular briefings to-- + (i) with respect to the application of this + section to the Department of Defense, the + Committee on Armed Services of the Senate and + the Committee on Armed Services of the House of + Representatives; and + (ii) with respect to the application of + this section to all covered agencies, including + the Department of Defense, the Committee on + Commerce, Science, and Transportation of the + Senate and the Committee on Energy and Commerce + of the House of Representatives. + (b) Telecommunications Security Program.-- + (1) Program required.--The Secretary of Defense shall carry + out a program to identify and mitigate vulnerabilities in the + telecommunications infrastructure of the Department of Defense. + (2) Elements.--In carrying out the program under paragraph + (1), the Secretary shall-- + (A) develop a capability to communicate clearly and + authoritatively about threats by foreign adversaries; + (B) conduct independent red-team security analysis + of Department of Defense systems, subsystems, devices, + and components including no-knowledge testing and + testing with limited or full knowledge of expected + functionalities; + (C) verify the integrity of personnel who are + tasked with design fabrication, integration, + configuration, storage, test, and documentation of + noncommercial 5G technology to be used by the + Department of Defense; + (D) verify the efficacy of the physical security + measures used at Department of Defense locations where + system design, fabrication, integration, configuration, + storage, test, and documentation of 5G technology + occurs; + (E) direct the Chief Information Officer of the + Department of Defense to use the Federal Risk and + Authorization Management Program (commonly known as + ``FedRAMP'') moderate or high cloud standard baselines, + supplemented with the Department's FedRAMP cloud + standard controls and control enhancements, to assess + 5G core service providers whose services will be used + by the Department of Defense through the Department's + provisional authorization process; and + (F) direct the Defense Information Systems Agency + and the United States Cyber Command to Develop a + capability for continuous, independent monitoring of + packet streams for 5G data on frequencies assigned to + the Department of Defense to validate availability, + confidentiality, and integrity of Department of Defense + communications systems. + (3) Implementation plan.--Not later than 90 days after the + date of the enactment of this Act, the Secretary of Defense + shall submit to Congress a plan for the implementation of the + program under paragraph (1). + (4) Report required.--Not later than 270 days after + submitting the plan under paragraph (3), the Secretary of + Defense shall submit to Congress a report that includes-- + (A) a comprehensive assessment of the findings and + conclusions of the program under paragraph (1); + (B) recommendations on how to mitigate + vulnerabilities in the Department of Defense + telecommunications infrastructure; and + (C) an explanation of how the Department of Defense + plans to implement such recommendations. + +SEC. 224. BOARD OF DIRECTORS FOR THE JOINT ARTIFICIAL INTELLIGENCE + CENTER. + + (a) Establishment.--The Secretary of Defense shall establish a +Board of Directors for the Joint Artificial Intelligence Center. + (b) Duties.--The duties of the Board of Directors shall be the +following: + (1) Provide strategic guidance to the Director of the Joint + Artificial Intelligence Center. + (2) Advise the Secretary on matters relating to the + development and use of artificial intelligence by the + Department of Defense. + (3) Evaluate and advise the Secretary on ethical matters + relating to the development and use of artificial intelligence + by the Department. + (4) Conduct long-term and long-range studies on matters + relating to artificial intelligence. + (5) Evaluate and provide recommendations to the Secretary + regarding the Department's development of a robust workforce + proficient in artificial intelligence. + (6) Assist the Secretary in developing strategic level + guidance on artificial intelligence-related hardware + procurement and supply-chain matters. + (7) Monitor and provide recommendations to the Secretary on + computing power, usage, storage, and other technical matters + relating to artificial intelligence. + (c) Membership.--The Board of Directors shall be composed of the +following members: + (1) The official within the Department of Defense to whom + the Director of the Joint Artificial intelligence center + directly reports. + (2) The Under Secretary of Defense for Policy. + (3) The Under Secretary of Defense for Research and + Engineering. + (4) The Under Secretary of Defense for Acquisition and + Sustainment. + (5) The Under Secretary of Defense for Intelligence and + Security. + (6) The Under Secretary of Defense for Personnel and + Readiness. + (7) Not more than five members from academic or private + sector organizations outside the Department of Defense, who + shall be appointed by the Secretary. + (d) Chairperson.--The chairperson of the Board of Directors shall +be the official described in subsection (c)(1). + (e) Meetings.--The Board of Directors shall meet not less than once +each fiscal quarter and may meet at other times at the call of the +chairperson or a majority of the Board's members. + (f) Reports.--Not later than September 30 of each year through +September 30, 2024, the Board of Directors shall submit to the +congressional defense committees a report that summarizes the +activities of the Board over the preceding year. + (g) Definitions.--In this section: + (1) The term ``artificial intelligence'' has the meaning + given that term in section 238(g) of the John S. McCain + National Defense Authorization Act for Fiscal Year 2019 (Public + Law 115-232; 10 U.S.C. 2358 note). + (2) The term ``Board of Directors'' means the Board of + Directors established under subsection (a). + (3) The term ``Joint Artificial Intelligence Center'' means + the Joint Artificial Intelligence Center of the Department of + Defense established pursuant to the memorandum of the Secretary + of Defense dated June 27, 2018, and titled ``Establishment of + the Joint Artificial Intelligence Center'', or any successor to + such Center. + (4) The term ``Secretary'' means the Secretary of Defense. + +SEC. 225. DIRECTED ENERGY WORKING GROUP. + + (a) In General.--The Secretary of Defense shall establish a working +group, to be known as the ``Directed Energy Working Group''. + (b) Responsibilities.--The working group shall-- + (1) discuss the current and planned directed energy + programs of each of the military departments; + (2) make recommendations to the Secretary of Defense about + establishing memoranda of understanding among the organizations + and elements of the Department of Defense to coordinate + directed energy activities using amounts authorized to be + appropriated for research, development, test, and evaluation; + (3) identify methods of quickly fielding directed energy + capabilities and programs; and + (4) develop a compendium on the effectiveness of directed + energy weapon systems and integrate the compendium into an + overall Joint Effectiveness Manual under the guidance from the + Joint Technical Coordination Group for Munitions Effectiveness. + (c) Head of Working Group.--The head of the working group shall be +the Assistant Director of Directed Energy of the Office of the Under +Secretary of Defense for Research and Engineering. + (d) Membership.--The members of the working group shall be +appointed by not later than 60 days after the date of the enactment of +this Act, as follows: + (1) One member from each military department, appointed by + the Secretary of the military department concerned. + (2) One member appointed by the Under Secretary of Defense + for Research and Engineering. + (3) One member appointed by the Under Secretary of Defense + for Acquisition and Sustainment. + (4) One member appointed by the Director of the Strategic + Capabilities Office of the Department of Defense. + (5) One member appointed by the Director of the Defense + Advanced Research Projects Agency. + (e) Reports to Congress.--Not later than 180 days after the date of +the enactment of this Act, and not less frequently than once every 180 +days thereafter, the working group shall submit to the congressional +defense committees a report on the progress of each directed energy +program being developed or fielded by the Department of Defense. + (f) Termination.--The working group under this section shall +terminate 4 years after the date of the enactment of this Act. + +SEC. 226. PROGRAM EXECUTIVE OFFICER FOR AUTONOMY. + + (a) In General.--Not later than February 1, 2022, the Secretary of +the Navy shall designate a program executive officer for autonomy who +shall be the official within the Department of the Navy with primary +responsibility for the development and integration of autonomous +technology into weapon systems. + (b) Program Executive Officer Defined.--In this section, the term +``program executive officer'' has the meaning given that term in +section 1737(a)(4) of title 10, United States Code. + +SEC. 227. ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED BATTLE + MANAGEMENT SYSTEM. + + (a) Independent Cost Estimate.-- + (1) In general.--The Director of Cost Assessment and + Program Evaluation shall-- + (A) review any cost estimate of the Advanced Battle + Management System prepared by the Department of the Air + Force; and + (B) conduct an independent cost estimate of the + full life-cycle cost of the Advanced Battle Management + System. + (2) Submittal to congress.--At the same time as the budget + of the President for fiscal year 2022 is submitted to Congress + pursuant to section 1105(a) of title 31, United States Code, + the Director of Cost Assessment and Program Evaluation shall + submit to the congressional defense committees a report on the + results of the review and independent cost estimate conducted + under paragraph (1). + (b) Air Force Briefing Requirement.--Section 147(g) of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232; 132 Stat. 1670) is amended by adding at the end the +following: ``Each briefing shall include a detailed explanation of any +on-ramp exercise of the Advanced Battle Management System conducted +during the quarter covered by the report, including an explanation of-- + ``(1) the objectives achieved by the exercise; + ``(2) the realism of the exercise, including identification + of the portions of the exercise that were scripted and + unscripted and any technical workarounds or substitutes used + for purposes of the exercise; + ``(3) the interim capabilities provided to combatant + commanders after the conclusion of the exercise (commonly known + as `leave behind' capabilities) and a plan for the sustainment + or upgrade of such capabilities; and + ``(4) the total cost of the exercise and a breakdown of the + costs with respect to technology, range and demonstration + resources, personnel, and logistics.''. + (c) Reports.--Not later than December 20, 2020, the Secretary of +the Air Force shall submit to the congressional defense committees the +following reports on the Advanced Battle Management System: + (1) Report on planned capabilities.--A report on the + planned product line capabilities of the Advanced Battle + Management System, including-- + (A) a description of the technologies needed to + implement and achieve such product line capabilities; + (B) a timeline for the technical maturation of such + product line capabilities; and + (C) a notional schedule for fielding such product + line capabilities over the period covered by the + current future-years defense program under section 221 + of title 10, United States Code. + (2) Report on acquisition authorities.--A report on the + allocation of responsibilities among the individuals and + entities responsible for acquisition for the Advanced Battle + Management System, including an explanation of how decision- + making and governance of the acquisition process is allocated + among the Chief Architect Integration Office and other entities + that are expected provide capabilities for the System. + (3) Report on alignment with common mission control + center.--A report, which may be submitted in classified or + unclassified form, that explains how, and to what extent, the + Advanced Battle Management System will be aligned and + coordinated with the Common Mission Control Center of the Air + Force. + (d) Report on Security Measures.--At the same time as the budget of +the President for fiscal year 2022 is submitted to Congress pursuant to +section 1105(a) of title 31, United States Code, the Secretary of the +Air Force shall submit to the congressional defense committees a report +that describes how the Secretary plans to ensure the security of the +Advanced Battle Management System, including a description of any +information assurance and anti-tamper requirements for the System. + (e) Advanced Battle Management System Defined.--In this section, +the term ``Advanced Battle Management System'' has the meaning given +that term in section 236(c) of the National Defense Authorization Act +for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1281). + +SEC. 228. MEASURES TO ADDRESS FOREIGN TALENT PROGRAMS. + + (a) List of Programs.--The Secretary of Defense shall develop and +maintain a list of foreign talent programs that pose a threat to the +national security interests of the United States, as determined by the +Secretary. + (b) Criteria.--In developing the list under subsection (a), the +Secretary of Defense shall consider-- + (1) the extent to which a foreign talent program-- + (A) poses a threat to research funded by the + Department of Defense; and + (B) engages in, or facilitates, cyber attacks, + theft, espionage, or otherwise interferes in the + affairs of the United States; and + (2) any other factors the Secretary determines appropriate. + (c) Information to Congress.--Not later than 90 days after the date +of the enactment of this Act, the Secretary of Defense shall submit to +the Committees on Armed Services of the Senate and the House of +Representatives a copy of the list developed under subsection (a). + (d) Publication in Federal Register.--Not later than 30 days after +making the submission required under subsection (c), the Secretary of +Defense shall publish the list developed under subsection (a) in the +Federal Register. + (e) Notice and Comment Period.--The list developed under subsection +(a), and any guidance, rules, updates, or other requirements relating +to such list, shall not take effect until such list, or any such +guidance, rules, updates, or other requirements (as the case may be) +have been-- + (1) published in the Federal Register; and + (2) open for public comment for a period of not less than + 60 days. + (f) Foreign Talent Program Defined.--In this section, the term +``foreign talent program'' has the meaning given that term for purposes +of section 1286 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note). + +SEC. 229. DISCLOSURE OF FOREIGN FUNDING SOURCES IN APPLICATIONS FOR + FEDERAL RESEARCH AWARDS. + + (a) Disclosure Requirement.--Each Federal research agency shall +require-- + (1) any individual applying for funds from that agency as a + principal investigator or co-principal investigator under a + grant or cooperative agreement to disclose all current and + pending support and the sources of such support at the time of + the application for funds; and + (2) any institution of higher education applying for funds + from that agency to certify that every principal investigator + or co-principal investigator who is employed by the institution + of higher education and is applying for such funds has been + made aware of the requirement under paragraph (1). + (b) Consistency.--The Director of the Office of Science and +Technology Policy, acting through the National Science and Technology +Council and in accordance with the authority provided under section +1746 of the National Defense Authorization Act for Fiscal Year 2020 +(Public Law 116-92; 42 U.S.C. 6601 note) shall ensure that the +requirements issued by Federal research agencies under subsection (a) +are consistent. + (c) Enforcement.-- + (1) In general.--In the event that an individual or entity + violates the disclosure requirements under subsection (a), a + Federal research agency may take one or more of the following + actions against such individual or entity: + (A) Reject an application for a grant or + cooperative agreement because the disclosed current and + pending support violates agency terms and conditions. + (B) Reject an application for a grant or + cooperative agreement because current and pending + support have not been disclosed as required under + subsection (a). + (C) Temporarily or permanently discontinue any or + all funding from that agency for any principal + investigator or co-principal investigator who has + failed to properly disclose current and pending support + pursuant to subsection (a). + (D) Temporarily or permanently suspend or debar a + researcher, in accordance with part 180 of title 2, + Code of Federal Regulations, from receiving funding + from that agency when failure to disclose current and + pending support pursuant to subsection (a) as done + knowingly and willfully. + (E) Refer a failure to disclose under subsection + (a) to Federal law enforcement authorities to determine + whether any criminal statutes have been violated. + (2) Notice.--A Federal research agency intending to take + action under any of subparagraph (A), (B), (C), or (D) of + paragraph (1) shall notify the institution of higher education, + principal investigator and any co-principal investigators + subject to such action about the specific reason for the + action, and shall provide the institution, principal + investigator, and co-principal investigator, as applicable, + with the opportunity and a process by which to contest the + proposed action. + (3) Evidentiary standards.--A Federal research agency + seeking suspension or debarment under paragraph (1)(D) shall + abide by the procedures and evidentiary standards set forth in + part 180 of title 2, Code of Federal Regulations. + (d) Definitions.--In this section: + (1) Current and pending support.--The term ``current and + pending support'' means all resources made available to an + individual in direct support of the individual's research + efforts, regardless of whether such resources have monetary + value, and includes in-kind contributions requiring a + commitment of time and directly supporting the individual's + research efforts, such as the provision of office or laboratory + space, equipment, supplies, employees, and students. + (2) Institution of higher education.--The term + ``institution of higher education'' has the meaning given that + term in section 101 of the Higher Education Act of 1965 (20 + U.S.C. 1001). + (3) Federal research agency.--The term ``Federal research + agency'' includes the following and any organizations and + elements thereof: + (A) The Department of Agriculture. + (B) The Department of Commerce. + (C) The Department of Defense. + (D) The Department of Education. + (E) The Department of Energy. + (F) The Department of Health and Human Services. + (G) The Department of Homeland Security. + (H) The Department of Transportation. + (I) The Environmental Protection Agency. + (J) The National Aeronautics and Space + Administration. + (K) The National Science Foundation. + +SEC. 230. LIMITATIONS RELATING TO LARGE UNMANNED SURFACE VESSELS AND + ASSOCIATED OFFENSIVE WEAPON SYSTEMS. + + (a) Limitation on Availability of Funds for LUSV.-- + (1) Limitation.--None of the funds authorized to be + appropriated by this Act or otherwise made available for fiscal + year 2021 for the Department of the Navy for the procurement of + a large unmanned surface vessel may be obligated or expended + until a period of 60 days has elapsed following the date on + which the Secretary of the Navy submits to the congressional + defense committees the certification described in paragraph + (2). + (2) Certification described.--The certification described + in this paragraph is a written statement of the Secretary of + the Navy certifying, with respect to any large unmanned surface + vessel to be procured by the Secretary, the following: + (A) A hull system, a mechanical system, and an + electrical system have been developed for the vessel + and each system-- + (i) has attained a technology readiness + level of seven or greater; and + (ii) can be operated autonomously for a + minimum of 30 days. + (B) A command control system has been developed for + the vessel and the system-- + (i) can be operated autonomously; + (ii) includes autonomous detection; and + (iii) has attained a technology readiness + level of seven or greater. + (C) A detailed plan has been developed for + measuring and demonstrating the reliability of the + vessel. + (D) All payloads expected to be carried on the + vessel have attained a technology readiness level of + seven or greater. + (b) Limitation on LUSV Weapon Integration.--The Secretary of the +Navy may not integrate any offensive weapon system into a large +unmanned surface vessel until the date on which the Secretary of the +Defense certifies to the congressional defense committees that any +large unmanned surface vessel that employs offensive weapons will +comply with the law of armed conflict. Such certification shall include +a detailed explanation of how such compliance will be achieved. + +SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS PENDING REVIEW AND REPORT + ON NEXT GENERATION AIR DOMINANCE CAPABILITIES. + + (a) Limitation on Air Force Funds.--Of the funds authorized to be +appropriated by this Act or otherwise made available for fiscal year +2021 for the next generation air dominance initiative of the Air Force, +not more than 85 percent may be obligated or expended until the date on +which the Director of Cost Assessment and Program Evaluation submits +the report required under subsection (d)(1). + (b) Limitation on Navy Funds.--Of the funds authorized to be +appropriated by this Act or otherwise made available for fiscal year +2021 for the next generation air dominance initiative of the Navy, not +more than 85 percent may be obligated or expended until the date on +which the Director of Cost Assessment and Program Evaluation submits +the report required under subsection (d)(2). + (c) Reviews.-- + (1) In general.--The Director of Cost Assessment and + Program Evaluation shall conduct-- + (A) a non-advocate review of the next generation + air dominance initiative of the Air Force; and + (B) a non-advocate review of the next generation + air dominance initiative of the Navy. + (2) Elements.--Each review under paragraph (1) shall + include an assessment of-- + (A) all risks associated with cost, schedule, + development, integration, production, fielding, and + sustainment of next generation air dominance + capabilities; + (B) the technological maturity of significant + hardware and software efforts planned or carried out as + part of the development of such capabilities; and + (C) affordability goals that the Air Force and the + Navy (as the case may be) will be required to achieve + during development, production, and sustainment + activities for such capabilities that will not + jeopardize or otherwise be detrimental to other high- + priority future capabilities being developed and + procured to support and execute other primary core + competencies and missions. + (d) Reports.--The Director of Cost Assessment and Program +Evaluation shall submit to the congressional defense committees-- + (1) a report on the results of the review conducted under + subsection (c)(1)(A) with respect to the Air Force; and + (2) a report on the results of the review conducted under + subsection (c)(1)(B) with respect to the Navy. + +SEC. 232. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL + TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS. + + Section 217 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended-- + (1) in subsection (a)(2), by inserting ``training,'' after + ``management,''; + (2) in subsection (e)-- + (A) in paragraph (28) by striking ``Infrastructure + resilience'' and inserting ``Additive manufacturing''; + (B) by redesignating paragraph (30) as paragraph + (33); and + (C) by inserting after paragraph (29) the following + new paragraphs: + ``(30) Corrosion prevention and control. + ``(31) Advanced manufacturing for metal casting. + ``(32) 3D and virtual technology training platforms.''; + (3) by redesignating subsections (f) and (g) as subsection + (g) and (h), respectively; + (4) by inserting after subsection (e) the following new + subsection: + ``(f) Requirement To Establish Consortia.-- + ``(1) In general.--In carrying out subsection (a)(1)-- + ``(A) the Secretary of Defense shall seek to + establish at least one multi-institution consortium + through the Office of the Secretary of Defense; + ``(B) the Secretary of the Army shall seek to + establish at least one multi-institution consortium + through the Army; + ``(C) the Secretary of the Navy shall seek to + establish at least one multi-institution consortium + through the Navy; and + ``(D) the Secretary of the Air Force shall seek to + establish at least one multi-institution consortium + through the Air Force. + ``(2) Report required.--Not later than September 30, 2022, + the Secretary of Defense shall submit to the congressional + defense committees a report on the status of the efforts to + establish consortia under paragraph (1).''; and + (5) in subsection (g), as so redesignated, by striking + ``2022'' and inserting ``2026''. + +SEC. 233. DESIGNATION OF ACADEMIC LIAISON TO PROTECT AGAINST EMERGING + THREATS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, acting through the +Under Secretary of Defense for Research and Engineering, shall do the +following: + (1) Designate an official serving within the Office of the + Under Secretary of Defense for Research and Engineering to work + with the academic and research communities to protect academic + research funded by the Department of Defense from undue foreign + influences and threats. + (2) Set forth the responsibilities of the official + designated under paragraph (1), including-- + (A) serving as the liaison of the Department of + Defense with the academic and research communities; + (B) carrying out initiatives of the Department + related to the protection of academic research funded + by the Department from undue foreign influences and + threats, including the initiatives established under + section 1286 of the National Defense Authorization Act + for Fiscal Year 2019 (10 U.S.C. 2358 note); + (C) not less frequently than once a year, + conducting outreach and education activities for the + academic and research community about undue foreign + influences and threats to academic research that is + funded by the Department; + (D) coordinating and aligning the policies relating + to academic research security of-- + (i) the elements of the Department + specified in section 111(b) of title 10, United + States Code; + (ii) the intelligence community; + (iii) Federal science agencies; + (iv) the Office of Science and Technology + Policy; and + (v) Federal regulatory agencies; and + (E) working with the intelligence community to the + maximum extent practicable to share with the academic + and research communities, at least annually, + unclassified information, including counterintelligence + information, on threats from undue foreign influences. + (b) Rule of Construction.--Nothing in this section shall be +construed as authorizing the official designated under subsection +(a)(1) to classify academic research in a manner that is inconsistent +with the policies of the Department of Defense or the National Security +Decision Directive Numbered 189 of September 21, 1985, titled +``National Policy on the Transfer of Scientific, Technical and +Engineering Information'', or any successor directive. + (c) Definitions.--In this section: + (1) Federal regulatory agencies.--The term ``Federal + regulatory agencies'' means the Department of Defense, the + Department of Commerce, the Department of State, the Department + of Justice, the Department of Energy, the Department of the + Treasury, the Department of Homeland Security, and the National + Archives and Records Administration. + (2) Federal science agencies.--The term ``Federal science + agencies'' means each agency (as such term is defined in + section 551 of title 5, United States Code) that obligated or + expended not less than $100,000,000 in the previous fiscal year + for research and development. + (3) Intelligence community.--the term ``intelligence + community'' has the meaning given such term in section 3 of the + National Security Act of 1947 (50 U.S.C. 3003). + + Subtitle C--Emerging Technology and Artificial Intelligence Matters + +SEC. 241. STEERING COMMITTEE ON EMERGING TECHNOLOGY. + + (a) Establishment.--There is established in the executive branch a +steering committee on emerging technology and national security threats +(referred to in this section as the ``Steering Committee''). + (b) Membership.--The Steering Committee shall be composed of the +following: + (1) The Deputy Secretary of Defense. + (2) The Vice Chairman of the Joint Chiefs of Staff. + (3) The Under Secretary of Defense for Intelligence and + Security. + (4) Such other officials of the Department of Defense as + are jointly appointed to Steering Committee by the officials + specified in paragraphs (1) through (3). + (c) Co-Chairs.--The officials specified in paragraphs (1) through +(3) of subsection (b) shall serve as co-chairs of the Steering +Committee. + (d) Staff and Support Services.--Upon request of the co-chairs, the +Department of Defense shall provide to the Steering Committee, on a +reimbursable basis, such staff and administrative support services as +are necessary for the Committee to carry out its responsibilities under +this section. + (e) Responsibilities.--The Steering Committee shall be responsible +for-- + (1) developing a strategic vision for the organizational + change, concept and capability development, and technology + investments in emerging technologies that are needed to + maintain the technological edge of the military and + intelligence community of the United States; + (2) providing credible assessments of emerging threats and + identifying investments and advances in emerging technology + undertaken by adversaries of the United States; + (3) making recommendations to the Secretary of Defense on-- + (A) the implementation of the strategy developed + under to paragraph (1); and + (B) steps that may be taken to address the threats + identified under to paragraph (2); + (4) coordinating with the Joint Committee on Research + Environments of the National Science and Technology Council; + (5) ensuring emerging technologies procured and used by the + military will be tested for algorithmic bias and discriminatory + outcomes; and + (6) carrying out such other activities as are assigned to + the Steering Committee by the Secretary of Defense. + (f) Coordination With JAIC.--The co-chairs shall coordinate the +activities of the Steering Committee with the activities of the Board +of Directors of the Joint Artificial Intelligence Center established +under section 224, as appropriate. + (g) Deepfake Working Group.-- + (1) In general.--The co-chairs stall establish a working + group, in coordination with the Defense Advanced Research + Project Agency and such other departments and agencies of the + Federal Government as the co-chairs deem appropriate, to-- + (A) inform the Steering Committee's activities with + respect to the national security implications of + machine-manipulated media (commonly known as + ``deepfakes''); + (B) assess the Federal Government's capabilities + with respect to technologies to detect, or otherwise + counter and combat, machine-manipulated media and other + advanced image manipulation methods; + (C) assess the machine-manipulated media + capabilities of foreign countries and non-state actors, + with particular emphasis on the People's Republic of + China and the Russian Federation; and + (D) provide recommendations to the Steering + Committee on the matters described in subparagraphs (A) + through (C). + (2) Machine-manipulated media defined.--In this subsection, + the term ``machine-manipulated media'' has the meaning given + that term in section 5724(d) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92). + (h) Emerging Technology Defined.--In this section, the term +``emerging technology'' means technology determined to be in an +emerging phase of development by the Secretary of Defense, including +quantum computing, technology for the analysis of large and diverse +sets of data (commonly known as ``big data analytics''), artificial +intelligence (including deepfake videos and related technologies), +autonomous technology, robotics, directed energy, hypersonics, +biotechnology, distributed ledger technology, and such other technology +as may be identified by the Secretary. + +SEC. 242. TRAINING FOR HUMAN RESOURCES PERSONNEL IN ARTIFICIAL + INTELLIGENCE AND RELATED TOPICS. + + (a) Department of Defense.-- + (1) Training program.--Not later than 1 year after the date + of the enactment of this Act, the Secretary of Defense shall + develop and implement a program to provide covered human + resources personnel with training in the fields of software + development, data science, and artificial intelligence, as such + fields related to the duties of such personnel. + (2) Elements.--The training provided under paragraph (1) + shall include-- + (A) a generalist's introduction to-- + (i) software development and business + processes; + (ii) data management practices related to + machine learning; + (iii) machine learning, deep learning, and + artificial intelligence; + (iv) artificial intelligence workforce + roles; and + (v) cybersecurity and secure software + development; and + (B) training in the authorities and procedures that + may be used to recruit software developers, data + scientists, and artificial intelligence professionals, + including direct hiring authorities, excepted service + authorities, the Intergovernmental Personnel Act of + 1970 (42 U.S.C. 4701 et seq.), and authorities for + hiring special government employees and highly + qualified experts. + (3) Certificate of completion.--The Secretary of Defense + shall issue a certificate of completion to each individual who + successfully completes the training provided under paragraph + (1), as determined by the Secretary. + (4) Implementation.--The Secretary of Defense shall + implement the training program under paragraph (1) as follows: + (A) In the first year in which the training program + is carried out, the Secretary shall ensure that not + less than 20 percent of covered human resource + personnel complete the program. + (B) In each year of the training program after the + first year, the Secretary shall ensure that not less + than an additional 10 percent of covered human + resources personnel complete the program until 80 + percent of such personnel have completed the program. + (C) After achieving the 80 percent completion rate + specified in subparagraph (B), the Secretary shall + ensure, in each year, that not less than 80 percent of + covered human resources personnel have completed the + training program. + (b) Covered Human Resources Personnel Defined.--In this section, +the term ``covered human resources personnel'' means members of the +Armed Forces and civilian employees of the Department of Defense, +including human resources professionals, hiring managers, and +recruiters, who are responsible for hiring software developers, data +scientists, or artificial intelligence professionals for the +Department. + +SEC. 243. UNCLASSIFIED WORKSPACES FOR PERSONNEL WITH PENDING SECURITY + CLEARANCES. + + (a) Guidance Required.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense shall issue +guidance to ensure, to the extent practicable, that all facilities the +Department of Defense at which covered personnel perform work functions +have unclassified workspaces. + (b) Use of Workspaces by Other Personnel.--The guidance issued +under subsection (a) shall include guidelines under which appropriately +screened individuals other than covered personnel, such as interns and +visiting experts, may use unclassified workspaces on a space-available +basis. + (c) Report Required.--Not later than 90 days after the issuance of +the guidance under subsection (a), the Secretary of Defense shall +submit to the congressional defense committees a report that includes-- + (1) a plan for implementing the guidance; + (2) a description of how existing facilities may be + modified to accommodate unclassified workspaces; and + (3) identification of any impediments to making + unclassified workspace available as described in subsection + (a). + (d) Definitions.-- + (1) In this section, the term ``unclassified workspace'' + means a workspace at which unclassified work may be performed. + (2) The term ``covered personnel'' means a member of the + Armed Forces or a civilian employee of the Department of + Defense who has applied for, but who has not yet received, a + security clearance. + +SEC. 244. PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS TO EVALUATE + APPLICANTS FOR CERTAIN TECHNICAL POSITIONS. + + (a) Pilot Program.--Beginning not later than 1 year after the date +of the enactment of this Act, the Secretary of Defense shall carry out +a pilot program under which applicants for technical positions within +the Department of Defense will be evaluated, in part, based on +electronic portfolios of the applicant's work, as described in +subsection (b). + (b) Activities.--Under the pilot program, the human resources +manager of an organization of the Department of Defense participating +in the program, in consultation with relevant subject matter experts, +shall assess each applicant for a technical position in the +organization by reviewing an electronic portfolio of the applicant's +best work, as selected by the applicant. + (c) Scope of Program.--The Secretary of Defense shall carry out the +pilot program under subsection (a) in at least one major command of +each military department. + (d) Report.--Not later than 2 years after the commencement of the +pilot program under subsection (a), the Secretary of Defense shall +submit to the congressional defense committees a report on the results +of the program. At a minimum, the report shall describe-- + (1) how the use of electronic portfolios in the hiring + process affected the timeliness of the hiring process for + technical positions in organizations of the Department of + Defense participating in the program; and + (2) the level of satisfaction of organization leaders, + hiring authorities, and subject matter experts with the quality + of applicants that were hired based on evaluations of + electronic portfolios. + (e) Technical Position Defined.--In this section, the term +``technical position'' means a position in the Department of Defense +requiring expertise in artificial intelligence, data science, or +software development. + (f) Termination.--The authority to carry out the pilot program +under subsection (a) shall terminate 5 years after the date of the +enactment of this Act. + +SEC. 245. SELF-DIRECTED TRAINING IN ARTIFICIAL INTELLIGENCE. + + (a) Online Artificial Intelligence Courses.--The Secretary of +Defense shall make available a list of approved online courses relating +to artificial intelligence that may be taken by civilian employees of +the Department of Defense and members of the Armed Forces on a +voluntary basis while not engaged in the performance of their duties. + (b) Documentation of Completion.--The Secretary of Defense shall +develop and implement a system-- + (1) to confirm whether a civilian employee of the + Department of Defense or member of the Armed Forces has + completed an online course approved by the Secretary under + paragraph (1); and + (2) to document the completion of such course in the + personnel file of such employee or member. + (c) Reward System.--The Secretary of Defense shall develop and +implement a system to reward civilian employees of the Department of +Defense and members of the Armed Forces who complete an online course +approved by the Secretary under paragraph (1), which may include-- + (1) for a member of the Armed Forces, a 24-hour pass which + may be used on a stand-alone basis or in conjunction with other + leave, holiday, or weekend periods; and + (2) for a civilian employees of the Department, up to 8 + hours of additional leave. + (d) Deadline.--The Secretary of Defense shall carry out the +activities described in subparagraphs (a) through (c) not later than +180 days after the date of the enactment of this Act. + +SEC. 246. PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY PROFESSORS AND + STUDENTS IN THE DEFENSE SCIENCE AND TECHNOLOGY + ENTERPRISE. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, jointly with the +Secretaries of the military departments, and in consultation with the +Under Secretary of Defense for Research and Engineering and the Under +Secretary of Defense for Personnel and Readiness, shall establish a +program under which qualified professors and students may be employed +on a part-time or term basis in an organization of the Defense science +and technology enterprise for the purpose of conducting a research +project. + (b) Selection.-- + (1) Selection and hiring.--The head of an organization in + the Defense science and technology enterprise at which + positions are made available under subsection (a) shall be + responsible for selecting qualified professors and students to + fill such positions. + (2) Selection criteria.--A qualified professor or student + shall be selected for participation in the program under + subsection (a) based on the following criteria: + (A) In the case of a qualified professor-- + (i) the academic credentials and research + experience of the professor; and + (ii) the extent to which the research + proposed to be carried out by the professor + will contribute to the objectives of the + Department of Defense. + (B) In the case of qualified student assisting a + professor with a research project under the program-- + (i) the academic credentials and other + qualifications of the student; and + (ii) the ability of the student to carry + out the responsibilities assigned to the + student as part of the project. + (c) Implementation.-- + (1) Minimum number of positions.--In the first year of the + program under subsection (a), the Secretary of Defense shall + establish not fewer than 10 positions for qualified professors. + Not fewer than five of such positions shall be reserved for + qualified professors to conduct research in the fields of + artificial intelligence and machine learning. + (2) Authorities.--In carrying out the program under + subsection (a), the Secretary of Defense and the heads of + organizations in the Defense science and technology enterprise + may-- + (A) use any hiring authority available to the + Secretary or the head of such an organization; + (B) enter into cooperative research and development + agreements under section 12 of the Stevenson-Wydler + Technology Innovation Act of 1980 (15 U.S.C. 3710a); + and + (C) pay referral bonuses to professors or students + participating in the program who identify-- + (i) students to assist in a research + project under the program; or + (ii) students or recent graduates to + participate in other programs in the Defense + science and technology enterprise, including + internships at Department of Defense + Laboratories and in the Pathways Program of the + Department. + (d) Reports to Congress.-- + (1) Initial report.--Not later than 30 days after the + conclusion of the first year of the program under subsection + (a), the Secretary of Defense shall submit to the congressional + defense committees a report on the status of the program. The + report shall include-- + (A) identification of the number of qualified + professors and students employed under the program; + (B) identification of the organizations in the + Defense science and technology enterprise that employed + such individuals; and + (C) a description of the types of research + conducted by such individuals. + (2) Subsequent reports.--Not later than 30 days after the + conclusion of the second and third years of the program under + subsection (a), the Secretary of Defense shall submit to the + congressional defense committees a report on the progress of + the program. Each report shall include-- + (A) the information described in subparagraphs (A) + through (C) of paragraph (1); + (B) the results of any research projects conducted + under the program; and + (C) the number of students and recent graduates + who, pursuant to a reference from a professor or + student participating in the program as described in + subsection (c)(2)(C), were hired by the Department of + Defense or selected for participation in another + program in the Defense science and technology + enterprise. + (e) Definitions.--In this section: + (1) The term ``Defense science and technology enterprise'' + means-- + (A) the research organizations of the military + departments; + (B) the science and technology reinvention + laboratories (as designated under section 1105 of the + National Defense Authorization Act for Fiscal Year 2010 + (Public Law 111-84; 10 U.S.C. 2358 note)); + (C) the facilities of the Major Range and Test + Facility Base (as defined in section 2358a(f)(3) of + title 10, United States Code); + (D) the Defense Advanced Research Projects Agency; + and + (E) such other organizations as the Secretary of + Defense determines appropriate for inclusion in the + enterprise. + (2) The term ``institution of higher education'' has the + meaning given that term in section 101 of the Higher Education + Act of 1965 (20 U.S.C. 1001). + (3) The term ``qualified professor'' means a professor of + an institution of higher education who has expertise in + science, technology, engineering, and mathematics. + (4) The term ``qualified student'' means a student of an + institution of higher education selected by a qualified + professor to assist the professor in conducting research. + +SEC. 247. MICROELECTRONICS AND NATIONAL SECURITY. + + (a) Modification of Strategy for Assured Access to Trusted +Microelectronics.--Section 231 of the National Defense Authorization +Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302 note) is +amended-- + (1) in subsection (a), by striking ``September 30, 2019'' + and inserting ``December 30, 2020''; + (2) in subsection (b), by adding at the end the following + new paragraphs: + ``(10) An approach to ensuring the continuing production of + cutting-edge microelectronics for national security needs, + including state-of-the-art node sizes, heterogeneous + integration, advantaged sensor manufacturing, boutique chip + designs, and variable volume production capabilities. + ``(11) An assessment of current microelectronics supply + chain management practices, existing risks, and actions that + may be carried out to mitigate such risks by organizations in + the defense industrial base. + ``(12) A plan for increasing commercialization of + intellectual property developed by the Department of Defense + for commercial microelectronics research and development. + ``(13) An assessment of the feasibility, usefulness, + efficacy, and cost of-- + ``(A) developing a national laboratory exclusively + focused on the research and development of + microelectronics to serve as a center for Federal + Government expertise in high-performing, trusted + microelectronics and as a hub for Federal Government + research into breakthrough microelectronics-related + technologies; and + ``(B) incorporating into such national laboratory a + commercial incubator to provide early-stage + microelectronics startups, which face difficulties + scaling due to the high costs of microelectronics + design and fabrication, with access to funding + resources, fabrication facilities, design tools, and + shared intellectual property. + ``(14) Such other matters as the Secretary of Defense + determines to be relevant.''; + (3) in subsection (d), by striking ``September 30, 2019'' + and inserting ``December 30, 2020''; and + (4) in subsection (e), by striking ``September 30, 2019'' + and inserting ``December 30, 2020''. + (b) Advisory Panel on Microelectronics Leadership and +Competitiveness.-- + (1) Establishment.--Not later than 30 days after the date + of the enactment of this Act, the President, in consultation + with the National Security Council, the National Economic + Council, and the Office of Science and Technology Policy, shall + establish an advisory panel on microelectronics leadership and + competitiveness (referred to in this subsection as the + ``Advisory Panel''). + (2) Membership.--The Advisory Panel shall be composed of + the following members: + (A) The Secretary of Defense. + (B) The Secretary of Energy. + (C) The Director of the National Science + Foundation. + (D) The Director of the National Institute of + Standards and Technology. + (E) The heads of such other departments and + agencies of the Federal Government as the President, in + consultation with the National Security Council, + determines appropriate. + (3) National strategy.-- + (A) In general.--Not later than 180 days after the + date on which the Advisory Panel is established, the + Panel shall develop a national strategy to-- + (i) accelerate the development and + deployment of state-of-the-art + microelectronics; and + (ii) ensure that the United States is a + global leader in the field of microelectronics. + (B) Elements.--The strategy developed under + subparagraph (A) shall address the following: + (i) Activities that may be carried out to + strengthen engagement and outreach between the + Department of Defense and industry, academia, + international partners of the United States, + and other departments and agencies of the + Federal Government on issues relating to + microelectronics. + (ii) Science, technology, research, and + development efforts to facilitate the + advancement and adoption of microelectronics + and new uses of microelectronics and + components, including efforts to-- + (I) accelerate leap-ahead research, + development, and innovation in + microelectronics; and + (II) deploy heterogeneously + integrated microelectronics for machine + learning and other applications. + (iii) The role of diplomacy and trade in + maintaining the position of the United States + as a global leader in the field of + microelectronics, including the feasibility and + advisability of-- + (I) implementing multilateral + export controls tailored through direct + coordination with key allies of the + United States, including through the + Wassenaar Arrangement and other + multilateral fora, for specific + semiconductor manufacturing equipment + such as extreme ultraviolet + photolithography equipment and argon + fluoride immersion photolithography + equipment; + (II) additional trade enforcement + actions that may be initiated by the + United States to address any unfair or + excessive foreign semiconductor subsidy + programs or other unfair + microelectronics trade practices; and + (III) the elimination of any trade + barriers or unilateral export controls + that harm United States companies + without producing a substantial benefit + to the competitiveness or national + security of the United States. + (iv) The potential role of a national + laboratory and incubator exclusively focused on + the research and development of + microelectronics, as described in section + 231(b)(13) of the National Defense + Authorization Act for Fiscal Year 2017 (Public + Law 114-328; 10 U.S.C. 2302 note) (as added by + subsection (a)) in carrying out the strategy + and plan required subparagraph (A). + (v) Such other activities as the Panel + determines may be appropriate to overcome + looming challenges to the innovation, + competitiveness, and supply chain integrity of + the United States in the area of + microelectonics. + (c) Briefings.--Not later than 90 days after the date of the +enactment of this Act-- + (1) the Secretary of Defense shall provide to the + congressional defense committees a briefing on the progress of + the Secretary in developing the strategy and implementation + plan required under section 231(a) of the National Defense + Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 + U.S.C. 2302 note); and + (2) the Assistant to the President for National Security + Affairs shall provide to the congressional defense committees a + briefing on the progress of the Advisory Panel in developing + the strategy required under subsection (b)(3). + (d) Advanced Manufacturing Incentives.-- + (1) In general.--The Secretary of Defense shall, in + consultation with the Secretary of Commerce, the Secretary of + Homeland Security, and the Director of National Intelligence, + work with the private sector through a public-private + partnership, including by incentivizing the formation of a + consortium of United States companies, to ensure the + development and production of advanced, measurably secure + microelectronics. Such work may include providing incentives + for the creation, expansion, or modernization of one or more + commercially competitive and sustainable semiconductors + manufacturing or advanced research and development facilities. + (2) Risk mitigation requirements.--A participant in a + consortium formed with incentives under paragraph (1) shall-- + (A) have the potential to perform fabrication, + assembly, package, or test functions for semiconductors + deemed critical to national security as defined by + export control regulatory agencies in consultation with + the National Security Adviser and the Secretary of + Defense; + (B) demonstrate management processes to identify + and mitigate supply chain security risks; and + (C) be able to produce semiconductors consistent + with applicable measurably secure supply chain and + operational security standards established under + section 224(b) of the National Defense Authorization + Act for Fiscal Year 2020 (Public Law 116-92). + (3) National security considerations.--The Secretary of + Defense and the Director of National Intelligence shall select + participants for the consortium formed with incentives under + paragraph (1). In selecting such participants, the Secretary + and the Director may jointly consider whether the United States + companies-- + (A) have participated in previous programs and + projects of the Department of Defense, Department of + Energy, or the intelligence community, including-- + (i) the Trusted Integrated Circuit program + of the Intelligence Advanced Research Projects + Activity; + (ii) trusted and assured semiconductors + projects, as administered by the Department of + Defense; + (iii) the Electronics Resurgence Initiative + (ERI) program of the Defense Advanced Research + Projects Agency; or + (iv) relevant semiconductor research + programs of Advanced Research Projects Agency- + Energy; + (B) have demonstrated an ongoing commitment to + performing contracts for the Department of Defense and + the intelligence community; + (C) are approved by the Defense Counterintelligence + and Security Agency or the Office of the Director of + National Intelligence as presenting an acceptable + security risk, taking into account supply chain + assurance vulnerabilities, counterintelligence risks, + and any risks presented by companies whose owners are + located outside the United States; and + (D) are evaluated periodically for foreign + ownership, control, or influence by foreign entities of + concern. + (4) Nontraditional defense contractors and commercial + entities.--Arrangements entered into to carry out paragraph (1) + shall be in such form as the Secretary of Defense determines + appropriate to encourage industry participation of + nontraditional defense contractors or commercial entities and + may include a contract, a grant, a cooperative agreement, a + commercial agreement, the use of other transaction authority + under section 2371 of title 10, United States Code, or another + such arrangement. + (5) Discharge.--The Secretary of Defense shall carry out + paragraph (1) jointly through the Office of the Under Secretary + of Defense for Research and Engineering and the Office of the + Under Secretary of Defense for Acquisition and Sustainment, or + such other component of the Department of Defense as the + Secretary considers appropriate. + (6) Other initiatives.--The Secretary of Defense shall + dedicate initiatives within the Department of Defense to + advance radio frequency, mixed signal, radiation tolerant, and + radiation hardened semiconductors that support national + security and dual-use applications. + (7) Reports.-- + (A) Report by secretary of defense.--Not later than + 90 days after the date of the enactment of this Act, + the Secretary of Defense shall submit to Congress a + report on the plans of the Secretary to carry out + paragraph (1). + (B) Biennial reports by comptroller general of the + united states.--Not later than 1 year after the date on + which the Secretary submits the report required by + subparagraph (A) and not less frequently than once + every 2 years thereafter for a period of 10 years, the + Comptroller General of the United States shall submit + to Congress a report on the activities carried out + under this subsection. + (e) Report Under the Defense Production Act of 1950.-- + (1) In general.--Not later than 120 days after the date of + the enactment of this Act, the President shall submit to + Congress a report on a plan for any use of authorities + available in title III of the Defense Production Act of 1950 + (50 U.S.C. 4531 et seq.) to establish or enhance a domestic + production capability for microelectronic technologies and + related technologies, subject to-- + (A) the availability of appropriations for that + purpose; and + (B) a determination made under the plan pursuant to + such title III that such technologies are essential to + the national defense. + (2) Consultation.--The President shall develop the plan + required by paragraph (1) in consultation with any relevant + head of a Federal agency, any advisory committee established + under section 708(a) of the Defense Production Act of 1950 (50 + U.S.C. 4558), and appropriate stakeholders in the private + sector. + +SEC. 248. ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED ARTIFICIAL + INTELLIGENCE TECHNOLOGY. + + (a) Assessment Required.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense, acting through the +Board of Directors of the Joint Artificial Intelligence Center +established under section 224, shall conduct an assessment to determine +whether the Department of Defense has the ability to ensure that any +artificial intelligence technology acquired by the Department is +ethically and responsibly developed. + (b) Elements.--The assessment conducted under subsection (a) shall +address the following: + (1) Whether the Department of Defense has personnel with + sufficient expertise, across multiple disciplines, to ensure + the acquisition of ethically and responsibly developed + artificial intelligence technology, including personnel with + sufficient ethical, legal, and technical expertise to advise on + the acquisition of such technology. + (2) The feasibility and advisability of retaining outside + experts as consultants to assist the Department in filling any + gaps in expertise identified under paragraph (1). + (3) The extent to which existing acquisition processes + encourage or require consultation with relevant experts across + multiple disciplines within the Department to ensure that + artificial intelligence technology acquired by the Department + is ethically and responsibly developed. + (4) Quantitative and qualitative standards for assessing + the extent to which experts across multiple disciplines are + engaged in the acquisition of artificial intelligence + technology by the Department. + (c) Report.-- + (1) In general.--Not later than 30 days after the date on + which the Secretary completes the assessment under subsection + (a), the Secretary shall submit to the congressional defense + committees a report on the results of the assessment. + (2) Elements.--The report under paragraph (1) shall + include, based on the results of the assessment-- + (A) an explanation of whether the Department of + Defense has personnel with sufficient expertise, across + multiple disciplines, to ensure the acquisition of + ethically and responsibly developed artificial + intelligence technology; + (B) an explanation of whether the Department has + adequate procedures to encourage or require the + consultation of such experts as part of the acquisition + process for artificial intelligence technology; and + (C) with respect to any deficiencies identified + under subparagraph (A) or subparagraph (B), a + description of any measures that have been taken, and + any additional resources that may be needed, to + mitigate such deficiencies. + +SEC. 249. ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE PROGRAMS IN THE + DEPARTMENT OF DEFENSE. + + (a) Public-Private Talent Exchange.--Section 1599g of title 10, +United States Code is amended-- + (1) in subsection (b)(1), by amending subparagraph (C) to + read as follows: + ``(C) shall contain language ensuring that such + employee of the Department does not improperly use + information that such employee knows relates to a + Department acquisition, or procurement for the benefit + or advantage of the private-sector organization.''. + (2) in subsection (f)-- + (A) in paragraph (2)-- + (i) by striking ``is deemed to be an + employee of the Department of Defense for the + purposes of'' and inserting ``is subject to''; + (ii) by striking subparagraph (D); and + (iii) by redesignating subparagraphs (E) + and (F) as subparagraphs (D) and (E), + respectively; + (B) by striking paragraph (4); + (C) by redesignating paragraph (5) as paragraph + (4); and + (D) by adding at the end the following new + paragraph: + ``(5) shall be required to file a Public Financial + Disclosure Report (OGE Form 278) and the Public Financial + Disclosure Report for a such a person and a description of any + waivers provided to such person shall be made available on a + publicly accessible website of the Department of Defense.''. + (b) Application of Exchange Authority to Artificial Intelligence.-- +Not later than 90 days after the date of the enactment of this Act, the +Secretary of Defense shall take steps to ensure that the authority for +the Department of Defense to operate a public-private talent exchange +program pursuant to section 1599g of title 10, United States Code, is +used to exchange personnel with private sector entities working on +artificial intelligence applications. Such application of the authority +of section 1599g shall be in addition to, not in lieu of, any other +application of such authority by the Department of Defense. + (c) Goals for Program Participation.--In carrying out the +requirement of subsection (b), the Secretary shall seek to achieve the +following objectives: + (1) In the Secretary of Defense Executive Fellows program, + the nomination of an additional five uniformed service members + and three government civilians by each service and by the + Office of the Secretary of Defense, for sponsorship by private + sector entities working on artificial intelligence + applications. + (2) For the public-private talent exchange program of the + Under Secretary of Defense for Acquisition and Sustainment-- + (A) an additional ten government employees to work + with private sector entities working on artificial + intelligence applications; and + (B) an additional ten employees of private sector + entities working on artificial intelligence + applications to work in the Department. + (3) The establishment of the following new public-private + talent exchange programs in the Office of the Secretary of + Defense, comparable to the program referred to in paragraph + (2)-- + (A) in the office of the Undersecretary of Defense + for Research and Engineering, a program with twenty + participants, focused on exchanges with private sector + entities working on artificial intelligence + applications. + (B) in the office of the Chief Information Officer + of the Department of Defense, a program with twenty + participants, focused on exchanges with private sector + entities working on artificial intelligence + applications. + (4) In the Army, Navy, and Marine Corps, the establishment + of new public-private exchange programs, comparable to the Air + Force Education with Industry Program, each with twenty program + participants, focused on private sector entities working on + artificial intelligence applications. + (d) Treatment of Program Participants.-- + (1) The Army, Navy, and Marine Corps shall take steps to + ensure that participation by a service member in a program + described in subsection (c)(4) is treated, for purposes of + promotion boards and subsequent assignments, as equivalent to + attending resident professional military education. + (2) The Secretary of Defense shall establish a public- + private exchange program billet office to temporarily hold + billets for civilian employees who participate in programs + described in subsection (b), to ensure that participating + Department of Defense offices are able to retain their staffing + levels during the period of participation. + (e) Briefing on Expansion of Existing Exchange Programs.--Not later +than 180 days after the date of the enactment of this Act, and annually +thereafter, the Secretary of Defense shall provide to the Committees on +Armed Services of the Senate and the House of Representatives a +briefing on the efforts undertaken to expand existing public-private +exchange programs of the Department of Defense and to ensure that such +programs seek opportunities for exchanges with private sector entities +working on artificial intelligence applications, in accordance with the +requirements of this section. + +SEC. 250. REPORTING ON CONTRIBUTION OF DEVELOPMENT OF ARTIFICIAL + INTELLIGENCE STANDARDS. + + Subsection (b) of section 260 of the National Defense Authorization +Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at +the end the following paragraph: + ``(11) A description of efforts of the Center and the + Department of Defense to develop or contribute to the + development of artificial intelligence standards, including-- + ``(A) the participation of the Center and the + Department of Defense in international and + multistakeholder standard-setting bodies; and + ``(B) collaboration between the Center and + Department of Defense and-- + ``(i) other organizations and elements of + the Department of Defense (including the + Defense Agencies and the military departments); + ``(ii) agencies of the Federal Government; + and + ``(iii) private industry (including the + defense industrial base).''. + + Subtitle D--Sustainable Chemistry Research and Development + +SEC. 251. SHORT TITLE. + + This subtitle may be cited as the ``Sustainable Chemistry Research +and Development Act of 2020''. + +SEC. 252. FINDINGS. + + Congress finds that-- + (1) Congress recognized the importance and value of + sustainable chemistry in section 114 of the American Innovation + and Competitiveness Act (Public Law 114-329); + (2) sustainable chemistry and materials transformation is a + key value contributor to business competitiveness across many + industrial and consumer sectors; + (3) companies across hundreds of supply chains critical to + the American economy are seeking to reduce costs and open new + markets through innovations in manufacturing and materials, and + are in need of new innovations in chemistry, including + sustainable chemistry; + (4) sustainable chemistry can improve the efficiency with + which natural resources are used to meet human needs for + chemical products while avoiding environmental harm, reduce or + eliminate the emissions of and exposures to hazardous + substances, minimize the use of resources, and benefit the + economy, people, and the environment; and + (5) a recent report by the Government Accountability Office + (GAO-18-307) found that the Federal Government could play an + important role in helping realize the full innovation and + market potential of sustainable chemistry technologies, + including through a coordinated national effort on sustainable + chemistry and standardized tools and definitions to support + sustainable chemistry research, development, demonstration, and + commercialization. + +SEC. 253. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY. + + (a) Establishment.--Not later than 180 days after the date of +enactment of this Act, the Director of the Office of Science and +Technology Policy shall convene an interagency entity (referred to in +this subtitle as the ``Entity'') under the National Science and +Technology Council with the responsibility to coordinate Federal +programs and activities in support of sustainable chemistry, including +those described in sections 255 and 256. + (b) Coordination With Existing Groups.--In convening the Entity, +the Director of the Office of Science and Technology Policy shall +consider overlap and possible coordination with existing committees, +subcommittees, or other groups of the National Science and Technology +Council, such as-- + (1) the Committee on Environment; + (2) the Committee on Technology; + (3) the Committee on Science; or + (4) related groups or subcommittees. + (c) Co-Chairs.--The Entity shall be co-chaired by the Director of +the Office of Science and Technology Policy and a representative from +the Environmental Protection Agency, the National Institute of +Standards and Technology, the National Science Foundation, or the +Department of Energy, as selected by the Director of the Office of +Science and Technology Policy. + (d) Agency Participation.--The Entity shall include +representatives, including subject matter experts, from the +Environmental Protection Agency, the National Institute of Standards +and Technology, the National Science Foundation, the Department of +Energy, the Department of Agriculture, the Department of Defense, the +National Institutes of Health, the Centers for Disease Control and +Prevention, the Food and Drug Administration, and other related Federal +agencies, as appropriate. + (e) Termination.--The Entity shall terminate on the date that is 10 +years after the date of enactment of this Act. + +SEC. 254. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY. + + (a) Strategic Plan.--Not later than 2 years after the date of +enactment of this Act, the Entity shall-- + (1) consult with relevant stakeholders, including + representatives from industry, academia, national labs, the + Federal Government, and international entities, to develop and + update, as needed, a consensus definition of ``sustainable + chemistry'' to guide the activities under this subtitle; + (2) develop a working framework of attributes + characterizing and metrics for assessing sustainable chemistry, + as described in subsection (b); + (3) assess the state of sustainable chemistry in the United + States as a key benchmark from which progress under the + activities described in this subtitle can be measured, + including assessing key sectors of the United States economy, + key technology platforms, commercial priorities, and barriers + to innovation; + (4) coordinate and support Federal research, development, + demonstration, technology transfer, commercialization, + education, and training efforts in sustainable chemistry, + including budget coordination and support for public-private + partnerships, as appropriate; + (5) identify any Federal regulatory barriers to, and + opportunities for, Federal agencies facilitating the + development of incentives for development, consideration, and + use of sustainable chemistry processes and products; + (6) identify major scientific challenges, roadblocks, or + hurdles to transformational progress in improving the + sustainability of the chemical sciences; + (7) identify other opportunities for expanding Federal + efforts in support of sustainable chemistry; and + (8) review, identify, and make efforts to eliminate + duplicative Federal funding and duplicative Federal research in + sustainable chemistry. + (b) Characterizing and Assessing Sustainable Chemistry.--The Entity +shall develop a working framework of attributes characterizing and +metrics for assessing sustainable chemistry for the purposes of +carrying out the Act. In developing this framework, the Entity shall-- + (1) seek advice and input from stakeholders as described in + subsection (c); + (2) consider existing definitions of, or frameworks + characterizing and metrics for assessing, sustainable chemistry + already in use at Federal agencies; + (3) consider existing definitions of, or frameworks + characterizing and metrics for assessing, sustainable chemistry + already in use by international organizations of which the + United States is a member, such as the Organisation for + Economic Co-operation and Development; and + (4) consider any other appropriate existing definitions of, + or frameworks characterizing and metrics for assessing, + sustainable chemistry. + (c) Consultation.--In carrying out the duties described in +subsections (a) and (b), the Entity shall consult with stakeholders +qualified to provide advice and information to guide Federal activities +related to sustainable chemistry through workshops, requests for +information, or other mechanisms as necessary. The stakeholders shall +include representatives from-- + (1) business and industry (including trade associations and + small- and medium-sized enterprises from across the value + chain); + (2) the scientific community (including the National + Academies of Sciences, Engineering, and Medicine, scientific + professional societies, national labs, and academia); + (3) the defense community; + (4) State, Tribal, and local governments, including + nonregulatory State or regional sustainable chemistry programs, + as appropriate; + (5) nongovernmental organizations; and + (6) other appropriate organizations. + (d) Report to Congress.-- + (1) In general.--Not later than 2 years after the date of + enactment of this subtitle, the Entity shall submit a report to + the Committee on Environment and Public Works, the Committee on + Commerce, Science, and Transportation, and the Committee on + Appropriations of the Senate, and the Committee on Science, + Space, and Technology, the Committee on Energy and Commerce, + and the Committee on Appropriations of the House of + Representatives. In addition to the elements described in + subsections (a) and (b), the report shall include-- + (A) a summary of federally funded, sustainable + chemistry research, development, demonstration, + technology transfer, commercialization, education, and + training activities; + (B) a summary of the financial resources allocated + to sustainable chemistry initiatives by each + participating agency; + (C) an assessment of the current state of + sustainable chemistry in the United States, including + the role that Federal agencies are playing in + supporting it; + (D) an analysis of the progress made toward + achieving the goals and priorities of this subtitle, + and recommendations for future program activities; + (E) an evaluation of steps taken and future + strategies to avoid duplication of efforts, streamline + interagency coordination, facilitate information + sharing, and spread best practices among participating + agencies; and + (F) an evaluation of duplicative Federal funding + and duplicative Federal research in sustainable + chemistry, efforts undertaken by the Entity to + eliminate duplicative funding and research, and + recommendations on how to achieve these goals. + (2) Submission to gao.--The Entity shall also submit the + report described in paragraph (1) to the Comptroller General of + the United States for consideration in future Congressional + inquiries. + (3) Additional reports.--The Entity shall submit a report + to Congress and the Comptroller General of the United States + that incorporates the information described in subparagraphs + (a), (b), (d), (e), and (f) every 3 years, commencing after the + initial report is submitted until the Entity terminates. + +SEC. 255. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEMISTRY. + + (a) In General.--The agencies participating in the Entity shall +carry out activities in support of sustainable chemistry, as +appropriate to the specific mission and programs of each agency. + (b) Activities.--The activities described in subsection (a) shall-- + (1) incorporate sustainable chemistry into existing + research, development, demonstration, technology transfer, + commercialization, education, and training programs, that the + agency determines to be relevant, including consideration of-- + (A) merit-based competitive grants to individual + investigators and teams of investigators, including, to + the extent practicable, early career investigators for + research and development; + (B) grants to fund collaborative research and + development partnerships among universities, industry, + and nonprofit organizations; + (C) coordination of sustainable chemistry research, + development, demonstration, and technology transfer + conducted at Federal laboratories and agencies; + (D) incentive prize competitions and challenges in + coordination with such existing Federal agency + programs; and + (E) grants, loans, and loan guarantees to aid in + the technology transfer and commercialization of + sustainable chemicals, materials, processes, and + products; + (2) collect and disseminate information on sustainable + chemistry research, development, technology transfer, and + commercialization, including information on accomplishments and + best practices; + (3) expand the education and training of students at + appropriate levels of education, professional scientists and + engineers, and other professionals involved in all aspects of + sustainable chemistry and engineering appropriate to that level + of education and training, including through-- + (A) partnerships with industry as described in + section 256; + (B) support for the integration of sustainable + chemistry principles into chemistry and chemical + engineering curriculum and research training, as + appropriate to that level of education and training; + and + (C) support for integration of sustainable + chemistry principles into existing or new professional + development opportunities for professionals including + teachers, faculty, and individuals involved in + laboratory research (product development, materials + specification and testing, life cycle analysis, and + management); + (4) as relevant to an agency's programs, examine methods by + which the Federal agencies, in collaboration and consultation + with the National Institute of Standards and Technology, may + facilitate the development or recognition of validated, + standardized tools for performing sustainability assessments of + chemistry processes or products; + (5) through programs identified by an agency, support + (including through technical assistance, participation, + financial support, communications tools, awards, or other forms + of support) outreach and dissemination of sustainable chemistry + advances such as non-Federal symposia, forums, conferences, and + publications in collaboration with, as appropriate, industry, + academia, scientific and professional societies, and other + relevant groups; + (6) provide for public input and outreach to be integrated + into the activities described in this section by the convening + of public discussions, through mechanisms such as public + meetings, consensus conferences, and educational events, as + appropriate; + (7) within each agency, develop or adapt metrics to track + the outputs and outcomes of the programs supported by that + agency; and + (8) incentivize or recognize actions that advance + sustainable chemistry products, processes, or initiatives, + including through the establishment of a nationally recognized + awards program through the Environmental Protection Agency to + identify, publicize, and celebrate innovations in sustainable + chemistry and chemical technologies. + (d) Limitations.--Financial support provided under this section +shall-- + (1) be available only for pre-competitive activities; and + (2) not be used to promote the sale of a specific product, + process, or technology, or to disparage a specific product, + process, or technology. + +SEC. 256. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY. + + (a) In General.--The agencies participating in the Entity may +facilitate and support, through financial, technical, or other +assistance, the creation of partnerships between institutions of higher +education, nongovernmental organizations, consortia, or companies +across the value chain in the chemical industry, including small- and +medium-sized enterprises, to-- + (1) create collaborative sustainable chemistry research, + development, demonstration, technology transfer, and + commercialization programs; and + (2) train students and retrain professional scientists, + engineers, and others involved in materials specification on + the use of sustainable chemistry concepts and strategies by + methods, including-- + (A) developing or recognizing curricular materials + and courses for undergraduate and graduate levels and + for the professional development of scientists, + engineers, and others involved in materials + specification; and + (B) publicizing the availability of professional + development courses in sustainable chemistry and + recruiting professionals to pursue such courses. + (b) Private Sector Participation.--To be eligible for support under +this section, a partnership in sustainable chemistry shall include at +least one private sector organization. + (c) Selection of Partnerships.--In selecting partnerships for +support under this section, the agencies participating in the Entity +shall also consider the extent to which the applicants are willing and +able to demonstrate evidence of support for, and commitment to, the +goals outlined in the strategic plan and report described in section +254. + (d) Prohibited Use of Funds.--Financial support provided under this +section may not be used-- + (1) to support or expand a regulatory chemical management + program at an implementing agency under a State law; + (2) to construct or renovate a building or structure; or + (3) to promote the sale of a specific product, process, or + technology, or to disparage a specific product, process, or + technology. + +SEC. 257. PRIORITIZATION. + + In carrying out this subtitle, the Entity shall focus its support +for sustainable chemistry activities on those that achieve, to the +highest extent practicable, the goals outlined in the Act. + +SEC. 258. RULE OF CONSTRUCTION. + + Nothing in this subtitle shall be construed to alter or amend any +State law or action with regard to sustainable chemistry, as defined by +the State. + +SEC. 259. MAJOR MULTI-USER RESEARCH FACILITY PROJECT. + + Section 110 of the American Innovation and Competitiveness Act (42 +U.S.C. 1862s-2) is amended by striking (g)(2) and inserting the +following: + ``(2) Major multi-user research facility project.--The term + `major multi-user research facility project' means a science + and engineering facility project that exceeds $100,000,000 in + total construction, acquisition, or upgrade costs to the + Foundation.''. + + Subtitle E--Plans, Reports, and Other Matters + +SEC. 261. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF OPERATIONAL + TEST AND EVALUATION. + + Section 139(h)(2) of title 10, United States Code, is amended-- + (1) by striking ``Engineering,,'' and inserting + ``Engineering,''; and + (2) by striking ``, through January 31, 2025''. + +SEC. 262. REPEAL OF QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING + VEHICLE PROGRAM. + + Section 261 of the National Defense Authorization Act for Fiscal +Year 2020 (Public law 116-92; 133 Stat. 1294) is repealed. + +SEC. 263. INDEPENDENT EVALUATION OF PERSONAL PROTECTIVE AND DIAGNOSTIC + TESTING EQUIPMENT. + + (a) Independent Evaluation Required.--The Director of Operational +Test and Evaluation shall conduct an independent evaluation of-- + (1) any processes used to test the effectiveness of covered + personal protective and diagnostic testing equipment; and + (2) the results of such tests. + (b) Availability of Information.--The Secretary of Defense shall +provide the Director of Operational Test and Evaluation with such +information as may be necessary for the Director to conduct the +evaluations required under subsection (a), including any relevant +documentation relating to testing processes and test results for +covered personal protective and diagnostic testing equipment. + (c) Report to Congress.--Not later than 30 days after the +completion of each evaluation under subsection (a), the Director of +Operational Test and Evaluation shall submit to the congressional +defense committees a report on the results of the evaluation. + (d) Covered Personal Protective and Diagnostic Testing Equipment +Defined.--In this section, the term ``covered personal protective and +diagnostic testing equipment'' means any personal protective equipment +or diagnostic testing equipment developed, acquired, or used by the +Department of Defense-- + (1) in response to COVID-19; or + (2) as part of any follow-on, long-term acquisition and + distribution program for such equipment. + +SEC. 264. REPORTS ON F-35 PHYSIOLOGICAL EPISODES AND MITIGATION + EFFORTS. + + (a) Study and Report.-- + (1) In general.--The Under Secretary of Defense for + Acquisition and Sustainment shall conduct a study to determine + the underlying causes of physiological episodes affecting + crewmembers of F-35 aircraft. + (2) Elements.--The study under subsection (a) shall + include-- + (A) an examination of each physiological episode + reported by a crewmember of an F-35 aircraft as of the + date of the enactment of this Act; + (B) a determination as to the underlying cause of + the episode; and + (C) an examination of-- + (i) any long-term effects, including + potential long-term effects, of the episode; + and + (ii) any additional care an affected + crewmember may need. + (3) Report.--Not later than 180 days after the date of the + enactment of this Act, the Under Secretary of Defense for + Acquisition and Sustainment shall submit to the congressional + defense committees a report that includes-- + (A) the results the study conducted under + subsection (a), including a description of each + physiological episode examined under the study and an + explanation of the underlying cause of the episode; + (B) a description of any actions that may be taken + to address the underlying causes of such episodes, + including any resources that may be required to carry + out such actions; and + (C) any other findings and recommendations of the + study. + (b) Annual Reports on Mitigation Efforts.--The Secretary of +Defense, in consultation with the Under Secretary of Defense for +Acquisition and Sustainment, shall include with the annual report +required by section 224(d) of the National Defense Authorization Act +for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2059), a detailed +description of-- + (1) the efforts of the Department of Defense to address + physiological episodes affecting crewmembers of F-35 aircraft; + and + (2) the funding allocated for such efforts. + +SEC. 265. STUDY ON MECHANISMS FOR ATTRACTING AND RETAINING HIGH QUALITY + TALENT IN THE NATIONAL SECURITY INNOVATION BASE. + + (a) Study Required.--The Secretary of Defense shall conduct a study +to determine the feasibility of establishing a program to attract and +retain covered individuals for employment in the national security +innovation base. + (b) Elements.--The study required under subsection (a) shall +include an analysis of-- + (1) mechanisms the Department of Defense may use to engage + institutions of higher education to assist in the + identification and recruitment of covered individuals for + employment in the national security innovation base; + (2) monetary and nonmonetary incentives that may be + provided to retain covered individuals in positions in the + national security innovation base; + (3) methods that may be implemented to ensure the proper + vetting of covered individuals; + (4) the number of covered individuals needed to advance the + competitiveness of the research, development, test, and + evaluation efforts of the Department of Defense in the critical + technologies identified in the National Defense Strategy; and + (5) the type and amount of resources required to implement + the program described in subsection (a). + (c) Report.--Not later than February 1, 2021, the Secretary of +Defense shall submit to the congressional defense committees a report +on the results of the study conducted under subsection (a). + (d) Definitions.--In this section: + (1) The term ``national security innovation base'' the + means the network of persons and organizations, including + Federal agencies, institutions of higher education, federally + funded research and development centers, defense industrial + base entities, nonprofit organizations, commercial entities, + and venture capital firms that are engaged in the military and + nonmilitary research, development, funding, and production of + innovative technologies that support the national security of + the United States. + (2) The term ``institution of higher education'' has the + meaning given that term in section 101 of the Higher Education + Act of 1965 (20 U.S.C. 1001). + (3) The term ``covered individual'' means an individual + who-- + (A) is employed by a United States employer and + engaged in work to promote and protect the national + security innovation base; + (B) is engaged in basic or applied research, funded + by the Department of Defense, through an institution of + higher education in the United States; and + (C) possesses scientific or technical expertise + that will advance the development of critical + technologies identified in the National Defense + Strategy or the National Defense Science and Technology + Strategy, required by section 218 of the John S. McCain + National Defense Authorization Act for Fiscal Year 2019 + (Public Law 115-232; 132 Stat. 1679). + +SEC. 266. FUNDING FOR FORCE PROTECTION APPLIED RESEARCH. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 201 for research, development, test, and evaluation, as +specified in the corresponding funding table in section 4201, for +research, development, test, and evaluation, Navy, applied research, +force protection applied research, line 005 (PE 0602123N) is hereby +increased by $9,000,000 (to be used in support of the Direct Air +Capture and Blue Carbon Removal Technology Program authorized under +section 223 of the National Defense Authorization Act for Fiscal Year +2020 (Public Law 116-92; 10 U.S.C. 2358 note)). + (b) Offsets.-- + (1) Notwithstanding the amounts set forth in the funding + tables in division D, the amount authorized to be appropriated + in section 301 for operation and maintenance, as specified in + the corresponding funding table in section 4301, for operation + and maintenance, Air Force, admin & servicewide activities, + servicewide communications, line 410 is hereby reduced by + $4,000,000. + (2) Notwithstanding the amounts set forth in the funding + tables in division D, the amount authorized to be appropriated + in section 301 for operation and maintenance, as specified in + the corresponding funding table in section 4301, for operation + and maintenance, Army, admin & servicewide activities, + servicewide communications, line 440 is hereby reduced by + $5,000,000. + +SEC. 267. FUNDING FOR HYPERSONICS PROTOTYPING. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 201 for research, development, test, and evaluation, as +specified in the corresponding funding table in section 4201, for +research, development, test, and evaluation, Air Force, advanced +component development & prototypes, line 048, hypersonics prototyping +(PE 0604033F) is hereby increased by $5,000,000 (to be used in support +of the Air-launched Rapid Response Weapon Program). + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 301 for operation and maintenance, as specified in the +corresponding funding table in section 4301, for operation and +maintenance, Space Force, operating forces, contractor logistics & +system support, line 080 is hereby reduced by $5,000,000. + +SEC. 268. FUNDING FOR UNIDIRECTIONAL BODY ARMOR. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 201 for research, development, test, and evaluation, as +specified in the corresponding funding table in section 4201, for +research, development, test, and evaluation, Army, advanced component +development & prototypes, line 093, soldier systems--advanced +development (PE 0603827A) is hereby increased by $7,000,000 (to be used +for the development of lightweight body armor fabrics). + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 201 for research, development, test, and evaluation, as +specified in the corresponding funding table in section 4201, for +research, development, test, and evaluation, Army, advanced component +development & prototypes, line 102, technology maturation initiatives +(PE 0604115A) is hereby reduced by $7,000,000. + +SEC. 269. ASSESSMENTS OF INTELLIGENCE, DEFENSE, AND MILITARY + IMPLICATIONS OF DEEPFAKE VIDEOS AND RELATED TECHNOLOGIES. + + (a) Intelligence Threat Assessment.-- + (1) In general.--In conjunction with each annual report + required under section 5709(d) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92) + (relating to deepfake technology and the foreign weaponization + of deepfakes), the Director of National Intelligence shall + submit to the Secretary of Defense and the appropriate + congressional committees a supplemental report on the + intelligence, defense, and military implications of deepfake + videos and related technologies. + (2) Elements.--Each supplemental report under paragraph (1) + shall include-- + (A) a description of new developments with respect + to the national security implications of machine- + manipulated media, and intelligence community responses + to such developments, as it pertains to those matters + described in section 5709(a) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116- + 92); + (B) a description of any known efforts by the + militaries of the People's Republic of China or the + Russian Federation or any governmental elements that + provide intelligence support to such militaries, to + deploy machine-manipulated media in the context of any + ongoing geopolitical disputes, armed conflicts, or + related operations; and + (C) an assessment of additional future security + risks posed by artificial intelligence technologies + that facilitate the creation of machine-manipulated + media, including security risks in contexts other than + influence or information operations (including the + potential subversion of biometric authentication + systems). + (3) Interim report.--Not later than 120 days after the date + of the enactment of this Act, the Director of National + Intelligence shall submit to the Secretary of Defense and the + appropriate congressional committees a report on the + preliminary findings of the Director with respect to each + element described in subsection (2). + (4) Appropriate congressional committees defined.--In this + section, the term ``appropriate congressional committees'' + means-- + (A) the congressional defense committees; + (B) the Select Committee on Intelligence of the + Senate; and + (C) the Permanent Select Committee on Intelligence + of the House of Representatives. + (b) Military Risk Assessment.-- + (1) In general.--Not later than 180 days after date on + which the report under subsection (a)(3) is submitted to the + Secretary of Defense, the Secretary shall submit to the + congressional defense committees an assessment, based on the + results of such report, of the risks posed by machine- + manipulated media to the operations, personnel, and activities + of the Department of Defense and the Armed Forces. + (2) Elements.--The report under paragraph (1) shall include + the following: + (A) An assessment of the risks posed by machine- + manipulated media in the contexts of military planning, + defense intelligence collection, operational decision- + making, and such other contexts as the Secretary of + Defense deems appropriate. + (B) A description of how the Department of Defense + would assess, particularly under limited time + constraints, the legitimacy of machine-manipulated + media purporting to depict activities relevant to + ongoing military operations (such as a deepfake video + purporting to depict a foreign government official + announcing an impending military strike, retreat, or + other tactical action). + (C) A description of any efforts of the Department + of Defense to combat the actual or potential creation + of machine-manipulated media that falsely depicts or + replicates biometric identifiers of Federal Government + officials, and an assessment of the feasibility of + adopting or developing technologies to reduce the + likelihood of video, audio, or visual content produced + or distributed by the Department of Defense from being + manipulated or exploited in such manner. + (D) An assessment of the Department of Defense's + current machine-manipulated media detection + capabilities, and recommendations with respect to + improving such capabilities. + (c) Form.--The reports required under subsections (a) and (b) may +be submitted in classified form, but if so submitted, shall be +accompanied by unclassified annexes. + (d) Machine-Manipulated Media Defined.--In this section, the term +``machine-manipulated media'' has the meaning given that term in +section 5724(d) of the National Defense Authorization Act for Fiscal +Year 2020 1 (Public Law 116-92). + +SEC. 270. FUNDING FOR AIR FORCE UNIVERSITY RESEARCH INITIATIVES. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 201 for research, development, test, and evaluation, as +specified in the corresponding funding table in section 4201, for +research, development, test, and evaluation, Air Force, basic research, +university research initiatives (PE 0601103F), line 002 is hereby +increased by $5,000,000. + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 301 for operation and maintenance, as specified in the +corresponding funding table in section 4301, for operation and +maintenance, Army, admin & servicewide activities, servicewide +communications, line 440 is hereby reduced by $5,000,000. + +SEC. 271. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2020 PROJECTS. + + (a) Findings.--Congress finds the following: + (1) The Department of Defense is encouraging the liberal + use of fifth generation (commonly known as ``5G'') information + and communications technology testbeds to develop useful, + mission-oriented applications for 5G technology. + (2) Barksdale Air Force Base, Louisiana, has the ability to + serve as a large-scale test facility to enable rapid + experimentation and dual-use application prototyping. + (3) Barksdale Air Force Base, Louisiana, has streamlined + access to spectrum bands, mature fiber and wireless + infrastructure, and prototyping and test area range access, all + of which are ideal characteristics for use as a 5G test bed + location. + (b) Consideration Required.--The Secretary of Defense shall +consider using Barksdale Air Force Base, Louisiana, as 5G test bed +installation for purposes of the activities carried out under section +254(b)(2)(A) of the National Defense Authorization Act for Fiscal Year +2020 (Public Law 116-92; 10 U.S.C. 2223 note). + +SEC. 272. SENSE OF CONGRESS ON THE ROLE OF THE NATIONAL SCIENCE + FOUNDATION. + + It is the sense of Congress that the National Science Foundation is +critical to the expansion of the frontiers of scientific knowledge and +advancing American technological leadership in key technologies, and +that in order to continue to achieve its mission in the face of rising +challenges from strategic competitors, the National Science Foundation +should receive a significant increase in funding, expand its use of its +existing authorities to carry out new and innovative types of +activities, consider new authorities that it may need, and increase +existing activities such as the convergence accelerators aimed at +accelerating the translation of fundamental research for the economic +and national security benefit of the United States. + +SEC. 273. FUNDING FOR NAVY UNIVERSITY RESEARCH INITIATIVES. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 201 for research, development, test, and evaluation, as +specified in the corresponding funding table in section 4201, for +research, development, test, and evaluation, Navy, basic research, +university research initiatives (PE 0601103N), line 001 is hereby +increased by $5,000,000. + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 301 for operation and maintenance, as specified in the +corresponding funding table in section 4301, for operation and +maintenance, Army, admin & servicewide activities, servicewide +communications, line 440 is hereby reduced by $5,000,000. + +SEC. 274. FUNDING FOR ARMY UNIVERSITY RESEARCH INITIATIVES. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 201 for research, development, test, and evaluation, as +specified in the corresponding funding table in section 4201, for +research, development, test, and evaluation, Army, basic research, +university research initiatives (PE 0601103A), line 003 is hereby +increased by $5,000,000. + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 301 for operation and maintenance, as specified in the +corresponding funding table in section 4301, for operation and +maintenance, Army, admin & servicewide activities, servicewide +communications, line 440 is hereby reduced by $5,000,000. + +SEC. 275. REPORT ON CERTAIN AWARDS BY THE AIR FORCE UNDER THE SMALL + BUSINESS INNOVATION RESEARCH PROGRAM AND THE SMALL + BUSINESS TECHNOLOGY TRANSFER PROGRAM. + + The Assistant Secretary of the Air Force for Acquisition Technology +and Logistics shall submit to the Committees on Armed Services of the +House of Representatives and the Senate a report containing a list of +all selections made by the Assistant Secretary during the preceding 5- +year period under the Small Business Innovation Research Program or the +Small Business Technology Transfer Program (as defined under section +9(e) of the Small Business Act (15 U.S.C. 638(e)) that were not +followed with funding awards. The report shall include, for each such +selection-- + (1) the name and contact information of the company + selected; and + (2) the reason the funding award did not follow the + selection. + +SEC. 276. FUNDING FOR BACKPACKABLE COMMUNICATIONS INTELLIGENCE SYSTEM. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 201 for research, development, test, and evaluation, Army, as +specified in the corresponding funding table in section 4201, Network +C3I Technology, Line 17, for the Backpackable Communications +Intelligence System is hereby increased by $5,000,000. + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 301 for operation and maintenance, Defense-wide, as specified +in the corresponding funding table in section 4301, for Admin & Srvwide +Activities, Line 360, Defense Personnel Accounting Agency is hereby +reduced by $5,000,000. + +SEC. 277. FUNDING FOR ARMY UNIVERSITY AND INDUSTRY RESEARCH CENTERS. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 201 for research, development, test, and evaluation, as +specified in the corresponding funding table in section 4201, for +research, development, test, and evaluation, Army, basic research, +university and industry research centers (PE 0601104A), line 004 is +hereby increased by $5,000,000. + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 301 for operation and maintenance, as specified in the +corresponding funding table in section 4301, for operation and +maintenance, Army, admin & servicewide activities, servicewide +communications, line 440 is hereby reduced by $5,000,000. + +SEC. 278. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND MACHINE + LEARNING INITIATIVE OF THE ARMY. + + It is the sense of Congress that-- + (1) the additive manufacturing and machine learning + initiative of the Army has the potential to accelerate the + ability to deploy additive manufacturing capabilities in + expeditionary settings and strengthen the United States defense + industrial supply chain; and + (2) Congress and the Department of Defense should continue + to support the additive manufacturing and machine learning + initiative of the Army. + +SEC. 279. TRAINEESHIPS FOR AMERICAN LEADERS TO EXCEL IN NATIONAL + TECHNOLOGY AND SCIENCE. + + (a) In General.--The Secretary of Defense, acting through the Under +Secretary of Defense for Research and Engineering, shall establish a +traineeship program to expand Department of Defense access to domestic +scientific and technological talent in areas of strategic importance to +national security. + (b) Designation.--The traineeship program established under +subsection (a) shall be known as the ``Traineeships for American +Leaders to Excel in National Technology and Science'' or ``TALENTS +program'' (referred to in this section as the ``traineeship program''). + (c) Program Priorities.--The Secretary, in consultation with the +Defense Science Board and the Defense Innovation Board, shall determine +the multidisciplinary fields of study on which the traineeship program +will focus and, in making such determination, shall consider the core +modernization priorities derived from the most recent national defense +strategy provided under section 113(g) of title 10, United States Code. + (d) Participating Institutions.--The Secretary shall establish +partnerships with not fewer than ten eligible institutions selected by +the Secretary for the purposes of the program under subsection (a). + (e) Partnership Activities.--The activities conducted under the +partnerships under subsection (d) between an eligible institution and +the Department of Defense shall include-- + (1) providing traineeships led by faculty for eligible + students described in subsection (h); and + (2) establishing scientific or technical internship + programs for such students. + (f) Preference in Selection of Institutions.--In establishing +partnerships under subsection (d), the Secretary shall consider-- + (1) the relevance of the eligible institution's proposed + partnership to existing and anticipated strategic national + needs, as determined under subsection (c); + (2) the ability of the eligible institution to effectively + carry out the proposed partnership; + (3) the geographic location of an eligible institution as + it relates to the need of the Department of Defense to develop + specific workforce capacity and skills within a particular + region of the country; + (4) whether the eligible institution is a covered minority + institution; + (5) the extent to which the eligible institution's proposal + would-- + (A) include students underrepresented in the fields + of science, technology, engineering, and mathematics; + or + (B) involve partnering with one or more covered + minority institutions; and + (6) the integration of internship opportunities into the + program provided by the eligible institution, including + internships with government laboratories, non-profit research + organizations, and for-profit commercial entities. + (g) Grants.-- + (1) In general.--The Secretary may provide grants to + individuals who are eligible students described in subsection + (h) to-- + (A) participate in activities under subsection (e); + (B) pay tuition, fees, and other costs associated + with participating in such activities; + (C) pay other costs associated with participating + in the traineeship program; and + (D) pay costs associated with other scientific or + technical internship or fellowship programs. + (2) Award totals.--The total amount of grants awarded to + individuals at an eligible institution under this section in + each fiscal year shall not exceed $1,000,000. + (3) Duration.--The duration of each grant under this + section shall not exceed 4 years. + (h) Eligible Students.--In order to receive any grant under this +section, a student shall-- + (1) be a citizen or national of the United States or a + permanent resident of the United States; + (2) be enrolled or accepted for enrollment at an eligible + institution in a masters or doctoral degree program in a field + of study determined under subsection (c); and + (3) if the student is presently enrolled at an institution, + be maintaining satisfactory progress in the course of study the + student is pursuing in accordance section 484(c) of the Higher + Education Act of 1965 (20 U.S.C. 1091(c)). + (i) Preferential Federal Government Hiring.--The Secretary, in +coordination with the Director of the Office of Personnel Management, +shall develop and implement a process by which traineeship program +participants shall receive preferred consideration in hiring activities +conducted by the Department of Defense and each Department of Defense +Laboratory. + (j) Definitions.--In this section: + (1) The term ``eligible institution'' means an institution + of higher education (as defined in section 101 of the Higher + Education Act of 1965 (20 U.S.C. 1001)). + (2) The term ``covered minority institution'' has the + meaning given the term ``covered institution'' in section + 262(g)(2) of the National Defense Authorization Act for Fiscal + Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note). + (3) The term ``Department of Defense Laboratory'' means-- + (A) a laboratory operated by the Department of + Defense or owned by the Department of Defense and + operated by a contractor; or + (B) a facility of a Defense Agency (as defined in + section 101(a) of title 10, United States Code) at + which research and development activities are + conducted. + +SEC. 280. BRIEFING AND REPORT ON USE OF DISTRIBUTED LEDGER TECHNOLOGY + FOR DEFENSE PURPOSES. + + (a) Briefing Required.-- + (1) In general.--Not later than 30 days after the date of + the enactment of this Act, Under Secretary of Defense for + Research and Engineering shall provide to the congressional + defense committees a briefing on the potential use of + distributed ledger technology for defense purposes. + (2) Elements.--This briefing under paragraph (1) shall + include-- + (A) an explanation of how distributed ledger + technology may be used by the Department of Defense + to-- + (i) improve cybersecurity, beginning at the + hardware level, of vulnerable assets such as + energy, water, and transport grids through + distributed versus centralized computing; + (ii) reduce single points of failure in + emergency and catastrophe decision-making by + subjecting decisions to consensus validation + through distributed ledger technologies; + (iii) improve the efficiency of defense + logistics and supply chain operations; + (iv) enhance the transparency of + procurement auditing; and + (v) allow innovations to be adapted by the + private sector for ancillary uses; and + (B) any other information that the Under Secretary + of Defense for Research and Engineering determines to + be appropriate. + (b) Report Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Under Secretary of Defense for + Research and Engineering shall submit to the congressional + defense committees a report on the research, development, and + use of distributed ledger technologies for defense purposes. + (2) Elements.--The report under paragraph (1) shall + include-- + (A) a summary of the key points from the briefing + provided under subsection (a); + (B) an analysis of activities that other countries, + including the People's Republic of China and the + Russian Federation, are carrying out with respect to + the research and development of distributed ledger + technologies, including estimates of the types and + amounts of resources directed by such countries to such + activities; + (C) recommendations identifying additional research + and development activities relating to distributed + ledger technologies that should be carried out by the + Department of Defense and cost estimates for such + activities; and + (D) an analysis of the potential benefits of-- + (i) consolidating research on distributed + ledger technologies within the Department; and + (ii) developing within the Department a + single hub or center of excellence for research + on distributed ledger technologies; and + (E) any other information that the Under Secretary + of Defense for Research and Engineering determines to + be appropriate. + +SEC. 281. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO + PROMOTE AND PROTECT THE NATIONAL SECURITY INNOVATION + BASE. + + (a) Special Immigrant Status.--In accordance with the procedures +established under subsection (f)(1), and subject to subsection (c)(1), +the Secretary of Homeland Security may provide an alien described in +subsection (b) (and the spouse and children of the alien if +accompanying or following to join the alien) with the status of a +special immigrant under section 101(a)(27) of the Immigration and +Nationality Act (8 U.S.C. 1101(a)(27)), if the alien-- + (1) submits a classification petition under section + 204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and + (2) is otherwise eligible to receive an immigrant visa and + is otherwise admissible to the United States for permanent + residence. + (b) Aliens Described.--An alien is described in this subsection +if-- + (1) the alien-- + (A) is employed by a United States employer and + engaged in work to promote and protect the National + Security Innovation Base; + (B) is engaged in basic or applied research, funded + by the Department of Defense, through a United States + institution of higher education (as defined in section + 101 of the Higher Education Act of 1965 (20 U.S.C. + 1001)); or + (C) possesses scientific or technical expertise + that will advance the development of critical + technologies identified in the National Defense + Strategy or the National Defense Science and Technology + Strategy, required by section 218 of the John S. McCain + National Defense Authorization Act for Fiscal Year 2019 + (Public Law 115-232; 132 Stat. 1679 ); and + (2) the Secretary of Defense issues a written statement to + the Secretary of Homeland Security confirming that the + admission of the alien is essential to advancing the research, + development, testing, or evaluation of critical technologies + described in paragraph (1)(C) or otherwise serves national + security interests. + (c) Numerical Limitations.-- + (1) In general.--The total number of principal aliens who + may be provided special immigrant status under this section may + not exceed-- + (A) 10 in each of fiscal years 2021 through 2030; + and + (B) 100 in fiscal year 2031 and each fiscal year + thereafter. + (2) Exclusion from numerical limitations.--Aliens provided + special immigrant status under this section shall not be + counted against the numerical limitations under sections + 201(d), 202(a), and 203(b)(4) of the Immigration and + Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b(4)). + (d) Defense Competition for Scientists and Technical Experts.--Not +later than 180 days after the date of the enactment of this Act, the +Secretary of Defense shall develop and implement a process to select, +on a competitive basis from among individuals described in section (b), +individuals for recommendation to the Secretary of Homeland Security +for special immigrant status described in subsection (a). + (e) Authorities.--In carrying out this section, the Secretary of +Defense shall authorize appropriate personnel of the Department of +Defense to use all personnel and management authorities available to +the Department, including the personnel and management authorities +provided to the science and technology reinvention laboratories, the +Major Range and Test Facility Base (as defined in 196(i) of title 10, +United States Code), and the Defense Advanced Research Projects Agency. + (f) Procedures.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Homeland Security and Secretary +of Defense shall jointly establish policies and procedures implementing +the provisions in this section, which shall include procedures for-- + (1) processing of petitions for classification submitted + under subsection (a)(1) and applications for an immigrant visa + or adjustment of status, as applicable; and + (2) thorough processing of any required security + clearances. + (g) Fees.--The Secretary of Homeland Security shall establish a fee +to-- + (1) be charged and collected to process an application + filed under this section; and + (2) that is set at a level that will ensure recovery of the + full costs of such processing and any additional costs + associated with the administration of the fees collected. + (h) Implementation Report Required.--Not later than 360 days after +the date of the enactment of this Act, the Secretary of Homeland +Security and Secretary of Defense shall jointly submit to the +appropriate congressional committees a report that includes-- + (1) a plan for implementing the authorities provided under + this section; and + (2) identification of any additional authorities that may + be required to assist the Secretaries in fully implementing + section. + (i) Program Evaluation and Report.-- + (1) Evaluation.--The Comptroller General of the United + States shall conduct an evaluation of the competitive program + and special immigrant program described in subsections (a) + through (g). + (2) Report.--Not later than October 1, 2025, the + Comptroller General shall submit to the appropriate + congressional committees a report on the results of the + evaluation conducted under paragraph (1). + (j) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' + means-- + (A) the Committee on Armed Services and the + Committee on the Judiciary of the House of + Representatives; and + (B) the Committee on Armed Services and the + Committee on the Judiciary of the Senate. + (2) The term ``National Security Innovation Base'' means + the network of persons and organizations, including Federal + agencies, institutions of higher education, federally funded + research and development centers, defense industrial base + entities, nonprofit organizations, commercial entities, and + venture capital firms that are engaged in the military and non- + military research, development, funding, and production of + innovative technologies that support the national security of + the United States. + + TITLE III--OPERATION AND MAINTENANCE + + Subtitle A--Authorization of Appropriations + +SEC. 301. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for expenses, not otherwise provided for, for +operation and maintenance, as specified in the funding table in section +4301. + +SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 301 for operation and maintenance for Army base operations +support, line 100, as specified in the corresponding funding table in +section 4301, for Army Community Services is hereby increased by +$30,000,000. + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 301 for operation and maintenance, for Army Force Readiness +Operations Support, line 070, as specified in the corresponding funding +table in section 4301, is hereby reduced by $15,000,000. + (c) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 301 for operation and maintenance, for Army Land Forces +Operations Support, as specified in the corresponding funding table in +section 4301, line 050, is hereby reduced by $15,000,000. + +SEC. 303. INCREASE IN FUNDING FOR AIR FORCE RESERVE CONTRACTOR SYSTEMS + SUPPORT. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated for +operation and maintenance, Defense-wide Operating Forces, as specified +in the corresponding funding table in section 4301, for Special +Operations Command maintenance, Line 70, is hereby increased by +$22,000,000. + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated for +operation and maintenance, Air Force Operating Forces, as specified in +the corresponding funding table in section 4301, Administration and +Service-Wide Activities, Line 400, is hereby reduced by $22,000,000. + + Subtitle B--Energy and Environment + +SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE + FOR REVIEW OF MISSION OBSTRUCTIONS. + + Section 183a(c) of title 10, United States Code, is amended-- + (1) by redesignating paragraphs (4) through (6) as + paragraphs (5) through (7), respectively; + (2) by inserting after paragraph (3) the following new + paragraph (4): + ``(4) If, after issuing the notices of presumed risk required by +paragraphs (2) and (3), the Secretary of Defense later concludes for +any reason that the energy project will not have an adverse impact on +military readiness, the Clearinghouse shall notify the applicant and +the governor in writing of that conclusion.''; and + (3) in paragraph (7), as so redesignated, by striking ``Any + setback for a project pursuant to the previous sentence shall + not be more than what is determined to be necessary by a + technical analysis conducted by the Lincoln Laboratory at the + Massachusetts Institute of Technology or any successor + entity.''. + +SEC. 312. MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE + FOR REVIEW OF MISSION OBSTRUCTIONS. + + Section 183a(c) of title 10, United States Code, is amended-- + (1) by redesignating paragraphs (4) through (6) as + paragraphs (5) through (7), respectively; and + (2) by inserting after paragraph (3) the following new + paragraph (4): + ``(4) If, after issuing the notices of presumed risk required by +paragraphs (2) and (3), the Secretary of Defense later concludes for +any reason that the energy project will not have an adverse impact on +military readiness, the Clearinghouse shall notify the applicant and +the governor in writing of that conclusion.''. + +SEC. 313. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON + MILITARY TRAINING, TESTING, AND OPERATIONS. + + Section 2684a of title 10, United States Code, is amended-- + (1) in subsection (b), by striking ``An agreement under + this section may be entered into with'' and inserting ``For + purposes of this section, the term `eligible entity' means''; + and + (2) in subsection (d)(1)(A), by striking ``the entity'' and + inserting ``the eligible entity''. + +SEC. 314. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRONMENTAL + RESTORATION AUTHORITIES TO INCLUDE FEDERAL GOVERNMENT + FACILITIES USED BY NATIONAL GUARD. + + Section 2707(e) of title 10, United States Code, as added by +section 316 of the National Defense Authorization Act for Fiscal Year +2020 (Public Law 116-92, is amended-- + (1) by inserting ``where military activities are conducted + by the state National Guard under title 32,'' after + ``facility''; and + (2) by adding at the end the following new sentence: ``The + Secretary concerned may also utilize the authority in section + 2701(d) of this title for these environmental restoration + projects.''. + +SEC. 315. INCREASED TRANSPARENCY THROUGH REPORTING ON USAGE AND SPILLS + OF AQUEOUS FILM-FORMING FOAM AT MILITARY INSTALLATIONS. + + (a) In General.--Chapter 160 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 2712. Reporting on usage and spills of aqueous film-forming foam + ``(a) In General.--Not later than 48 hours after the Deputy +Assistant Secretary of Defense for Environment receives notice of the +usage or spill of aqueous film-forming foam, either as concentrate or +mixed foam, at any military installation, the Deputy Assistant +Secretary shall submit to the Committees on Armed Services of the +Senate and House of Representatives notice of such usage or spill. Each +such notice shall include each of the following: + ``(1) The name of the installation where the usage or spill + occurred. + ``(2) The date on which the usage or spill occurred. + ``(3) The amount, type, and specified concentration of + aqueous film-forming foam that was used or spilled. + ``(4) The cause of the usage or spill. + ``(5) A summary narrative of the usage or spill. + ``(6) A description of what actions have been taken to + arrest and clean up the spill. + ``(7) A description of coordination with relevant local and + State authorities and environmental protection agencies. + ``(b) Action Plan.--Not later than 30 days after submitting notice +of a usage or spill under subsection (a), the Deputy Assistant +Secretary shall submit to the Committees on Armed Services of the +Senate and House of Representatives an action plan for addressing such +usage or spill.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: + +``2712. Reporting on usage and spills of aqueous film-forming foam.''. + +SEC. 316. REPLACEMENT OF NON-TACTICAL MOTOR VEHICLES AT THE END OF + SERVICE LIFE WITH ELECTRIC OR HYBRID MOTOR VEHICLES. + + Section 2922g of title 10, United States Code, is amended-- + (1) by redesignating subsections (b) and (c) as subsections + (c) and (d), respectively; + (2) by inserting after subsection (a) the following new + subsection (b): + ``(b) End of Life Replacement.--Upon the end of the lease or +service life of a motor vehicle, the Secretary of the military +department or the head of the Defense Agency shall, to the maximum +extent possible, replace such motor vehicle with a motor vehicle that +uses an electric or hybrid propulsion system, including a plug-in +hybrid system.''; + (3) in subsection (c), as so redesignated, by striking + ``Subsection (a) does not'' and inserting ``Subsections (a) and + (b) do not''; + (4) in subsection (d), as so redesignated, by striking + ``The preference required by subsection (a) does not'' and + inserting ``The preference under subsection (a) and the + requirement under subsection (b) do not''; and + (5) by inserting after subsection (d) the following new + subsection: + ``(e) Inclusion of Off-Road Vehicles.--In this section, the term +`motor vehicle' includes off-road vehicles, including construction or +agricultural equipment.''. + +SEC. 317. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO OPERATIONAL + ENERGY IMPROVEMENT. + + The Secretary of Defense shall include in the annual budget +submission of the President under section 1105(a) of title 31, United +States Code, a dedicated budget line item for fielding operational +energy improvements, including such improvements for which funds from +the Operational Energy Capability Improvement Fund have been expended +to create the operational and business case for broader employment. + +SEC. 318. ASSESSMENT OF DEPARTMENT OF DEFENSE OPERATIONAL ENERGY USAGE. + + (a) In General.--Not later than 60 days after the date of the +enactment of this Act, the Secretary of Defense shall enter into an +agreement with a federally funded research and development center with +relevant expertise under which such center shall conduct an assessment +of Department of Defense operational energy usage, including an agency- +wide view and breakdowns of progress by service branch. + (b) Elements.--The assessment required under subsection (a) shall +include-- + (1) an analysis of the extent to which the Department of + Defense developed an integrated operational energy strategy and + the extent to which each of the military departments has + implemented such strategy; + (2) an analysis of the viability of implementing net zero + initiatives or meeting net zero goals within the operational + energy enterprise without negatively impacting mission + capability; + (3) an analysis of fossil fuel reduction regimes that may + maximize reduction of reliance on fossil fuels, including + impacts of lowering the reliance on fossil fuels, decreasing + the need for refueling convoys, overcoming the tyranny of + distance within United States Indo-Pacific Command through + hybrid or other fuel efficient propulsion systems, and energy + production, storage, and distribution systems that enhance + logistics supply chain resiliency; + (4) a description of the options for achieving fossil fuel + reduction benchmarks with respect to operational energy of 25 + percent, 50 percent, 75 percent, and 100 percent, using fiscal + year 2020 as the benchmark, including anticipated funding + requirements, statutory requirements, infrastructure needs, and + timeframes; and + (5) an analysis of the integration between energy offices + with program offices, budget, and operational planners within + the Department of Defense and military departments, and + recommendations for improving coordination. + (c) Form of Report.--The report required under this section shall +be submitted in unclassified form, but may contain a classified annex. + +SEC. 319. IMPROVEMENT OF THE OPERATIONAL ENERGY CAPABILITY IMPROVEMENT + FUND OF THE DEPARTMENT OF DEFENSE. + + (a) Management of the Operational Energy Capability Improvement +Fund.--The Under Secretary of Defense for Acquisition and Sustainment +shall exercise authority, direction, and control over the Operational +Energy Capability Improvement Fund of the Department of Defense (in +this section referred to as the ``OECIF''). + (b) Alignment and Coordination With Related Programs.-- + (1) Realignment of oecif.--Not later than 60 days after the + date of the enactment of this Act, the Secretary of Defense + shall realign the OECIF under the Assistant Secretary of + Defense for Sustainment, with such realignment to include + personnel positions adequate for the mission of the OECIF. + (2) Better coordination with related programs.--The + Assistant Secretary shall ensure that this placement + facilitates better alignment between OECIF, the Strategic + Environmental Research Program, the Environmental Security + Technology Certification Program, and the Operational Energy + Prototyping Program is utilized to advance common goals of the + Department, promote organizational synergies, and avoid + unnecessary duplication of effort. + (c) Program for Operational Energy Prototyping.-- + (1) In general.--Commencing not later than 90 days after + the date of the enactment of this Act, the Secretary of + Defense, through the Under Secretary of Defense for Acquisition + and Sustainment, shall carry out a program for the + demonstration of technologies related to operational energy + prototyping, including demonstration of operational energy + technology and validation prototyping. + (2) Operation of program.--The Secretary shall ensure that + the program under paragraph (1) operates in conjunction with + the OECIF to promote the transfer of innovative technologies + that have successfully established proof of concept for use in + production or in the field. + (3) Program elements.--In carrying out the program under + paragraph (1) the Secretary shall-- + (A) identify and demonstrate the most promising, + innovative, and cost-effective technologies and methods + that address high-priority operational energy + requirements of the Department of Defense; + (B) in conducting demonstrations under subparagraph + (A), the Secretary shall-- + (i) collect cost and performance data to + overcome barriers against employing an + innovative technology because of concerns + regarding technical or programmatic risk; and + (ii) ensure that components of the + Department have time to establish new + requirements where necessary and plan, program, + and budget for technology transition to + programs of record; + (C) utilize project structures similar to those of + the OECIF to ensure transparency and accountability + throughout the efforts conducted under the program; and + (D) give priority, in conjunction with the OECIF, + to the development and fielding of clean technologies + that reduce reliance on fossil fuels. + (4) Tool for accountability and transition.-- + (A) In general.--In carrying out the program under + paragraph (1), the Secretary shall develop and utilize + a tool to track relevant investments in operational + energy from applied research to transition to use to + ensure user organizations have the full picture of + technology maturation and development. + (B) Transition.--The tool developed and utilized + under subparagraph (A) shall be designed to overcome + transition challenges with rigorous and well-documented + demonstrations that provide the information needed by + all stakeholders for acceptance of the technology. + +SEC. 320. FIVE-YEAR REVIEWS OF CONTAINMENT TECHNOLOGIES RELATING TO RED + HILL BULK FUEL STORAGE FACILITY. + + (a) Reviews.-- + (1) Reviews required.--At least once every 5 years, the + Secretary of the Navy shall conduct a review of available + technologies relating to the containment of fuel to determine + whether any such technology may be used to improve the + containment of fuel with respect to storage tanks located at + the Red Hill Bulk Fuel Storage Facility, Hawaii. + (2) Deadline for initial review.--The Secretary shall begin + the first review under paragraph (1) by not later than the date + that is 1 year after the date of the enactment of this Act. + (b) Briefings.--Not later than 60 days after the date on which a +review conducted under subsection (a) is completed, the Secretary shall +provide to the congressional defense committees a briefing on-- + (1) any technology identified in such review that the + Secretary determines may be used to improve the containment of + fuel with respect to storage tanks located at the Red Hill Bulk + Fuel Storage Facility; and + (2) the feasibility and cost of implementing any such + technology at the Red Hill Bulk Fuel Storage Facility. + (c) Termination.--The requirements to conduct reviews under +subsection (a) and provide briefings under subsection (b) shall +terminate on the date on which the Red Hill Bulk Fuel Storage Facility +ceases operation, as determined by the Secretary of the Navy. + +SEC. 321. LIMITATION ON USE OF FUNDS FOR ACQUISITION OF FURNISHED + ENERGY FOR RHINE ORDNANCE BARRACKS ARMY MEDICAL CENTER. + + None of the funds authorized to be appropriated by this Act or +otherwise made available for the Department of Defense for fiscal year +2021 may be used to enter into a contract for the acquisition of +furnished energy for the new Rhine Ordnance Barracks Army Medical +Center (hereafter referred to as the ``Medical Center'') before the +date on which Secretary of Defense submits to the congressional defense +committees a written certification that the Medical Center does not use +any energy sourced from inside the Russian Federation as a means of +generating the furnished energy. + +SEC. 322. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE CLIMATE CHANGE + ROADMAP. + + (a) In General.--Not later than February 1, 2022, the Secretary of +Defense shall submit to the Committees on Armed Services of the Senate +and House of Representatives an update to the Department of Defense +2014 Climate Change Adaptation Roadmap. Such update shall include an +outline of the strategy and implementation plan of the Department to +address the current and foreseeable effects of climate change on the +mission of the Department of Defense. + (b) Elements of Strategy and Implementation Plan.--The strategy and +implementation plan required to be included in the update under +subsection (a) shall include-- + (1) a description of the overarching approach of the + Department to climate adaptation and climate mitigation + measures; + (2) a discussion of the current and foreseeable effects of + climate change on-- + (A) plans and operations, including-- + (i) military readiness; + (ii) increased frequency of extreme weather + events, including flooding, drought, + desertification, wildfires, thawing permafrost, + hurricanes, and extreme heat; + (iii) conflicts or disputes, emerging + threats, and instability caused or exacerbated + by climate change, including tensions related + to drought, famine, infectious disease, + geoengineering, energy transitions, extreme + weather, migration, and competition for scarce + resources; + (iv) increased demand for Defense Support + for Civil Authorities and disaster or + humanitarian relief operations; + (v) the operating environment of the Arctic + and of the strategic and geopolitical + implications of a progressively more ice-free + Arctic Ocean; and + (vi) alteration or limitation on operation + environments; + (B) training and testing, including-- + (i) changes in land carrying capacity; + (ii) increased maintenance and repair + requirements for equipment and infrastructure; + (iii) health of military personnel, + including mitigation of infectious diseases, + heat stress and heat-related illnesses + resulting from increasing temperatures; + (iv) increased dust generation, air + pollution, and fire hazards; and + (v) maintaining testing and training + capacity to support increased operations and + civil support missions; + (C) built and natural infrastructure, including-- + (i) military installation resilience, as + such term is defined in section 101(e)(8) of + title 10, United States Code, of installations + both within and outside the United States and + its possessions and territories and of the + State-owned National Guard installations of the + several States; + (ii) resilience of the air and sea ports of + our allies and partners that are critical to + the training, deployment, and operations of the + armed forces of the United States and its + allies and partners; + (iii) resilience of the deployment system + and structure of the Department of Defense and + of the United States, including the strategic + highway network, the strategic rail network, + and designated strategic air and sea ports; + (iv) best practices for modeling and + mitigating risks posed to military + installations by increased inundation, erosion, + flood, wind, and fire damage; + (v) changing energy demand at military + installations to include heating and cooling, + particularly in communities experiencing grid + stress; + (vi) disruption and competition for + reliable energy and water resources; + (vii) geoengineering and energy + transitions; + (viii) increased maintenance and + sustainment costs; + (ix) damage to natural and constructed + infrastructure from thawing permafrost and sea + ice; and + (x) the effects of climate stress on + community support infrastructure, including + roads, transportation hubs, and medical + facilities; + (D) acquisition and supply chain, including-- + (i) measures to ensure that the current and + projected future scale and impacts of climate + change are fully considered in the research, + development, testing, and acquisition of major + weapon systems and of associated supplies and + equipment; + (ii) required alterations of stockpiles; + (iii) reduced or changed availability and + access to materials, equipment, and supplies, + including water and food sources; + (iv) disruptions in fuel availability and + distribution; + (v) estimated climate security investments + required to address foreseeable costs incurred + or influenced by climate change for each of the + lines of effort in this report, including + extreme weather response, over the next 5, 10, + and 20 years, with topline estimates and a + qualitative discussion of cost drivers for + each; and + (vi) equipment and infrastructure + investments required to address a changing + Arctic environment; and + (E) such other matters as the Secretary determines + appropriate; and + (3) a list of the ten most concerning existing or emerging + conflicts or threats that pose a risk to the security of the + United States that may be exacerbated by climate change. + (c) Assessments and Projections of the Scope and Scale of Climate +Change.--In preparing the update to the climate change roadmap as +required under subsection (a), the Secretary shall consider-- + (1) climate projections from the Global Change Research + Office, National Climate Assessment, the National Oceanic and + Atmospheric Administration, and other Federal agencies; and + (2) data on, and analysis of, the national security effects + of climate prepared by the Climate Security Advisory Council of + the Office of the Director of National Intelligence established + pursuant to section 120 of the National Security Act of 1947 + (50 U.S.C. 3060) and by other elements of the intelligence + community. + (d) Form.--The update to the climate change roadmap required under +subsection (a) shall be submitted in an unclassified form, but may +contain a classified annex. If the Secretary determines that the +inclusion of a classified annex is necessary, the Secretary shall +conduct an in-person briefing for Members of the Committees on Armed +Services of the Senate and House of Representatives by not later than +90 days after date of the submission of the update. + +SEC. 323. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE + INSTALLATION ENERGY. + + (a) GAO Report.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committees on Armed Services of the Senate and +House of Representatives a report on the progress of the Department of +Defense toward reaching net zero goals, including an agency-wide view +and breakdowns of progress by service branch. + (b) Contents of Report.--The report required under subsection (a) +shall include-- + (1) an analysis of the extent to which the Department of + Defense has implemented net zero initiatives to date and + developed a forward-looking integrated net zero strategy for + energy, emissions, water, and waste management and the extent + to which each of the military departments has implemented such + strategy; + (2) a description of the current challenges to implementing + net zero initiatives or meeting net zero goals and the degree + to which the Department of Defense and the military departments + have addressed applied lessons learned; + (3) a cost-benefit analysis of net zero initiatives, + including a description of how such costs and benefits are + identified, tracked, and validated; + (4) a description of the feasibility of achieving net zero + benchmarks of 25 percent, 50 percent, 75 percent, and 100 + percent of the energy, emissions, water, and waste management + levels for 2020, including anticipated funding requirements, + statutory requirements, infrastructure needs, and timeframes; + and + (5) an analysis of the integration between energy offices + with program offices, budget, and operational planners within + the Department of Defense and military departments across the + enterprise, and recommendations for improving coordination. + (c) Form of Report.--The report required under this section shall +be submitted in unclassified form, but may contain a classified annex. + +SEC. 324. DEPARTMENT OF DEFENSE REPORT ON EMISSIONS LEVELS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the Department of Defense shall +submit to the Committees on Armed Services of the Senate and House of +Representatives and to the Comptroller General a report on the total +level of emissions for each of the last 10 fiscal years. Such emissions +levels shall include the agency-wide total, breakdowns by military +department, and delineations between installation and operational +emissions. + (b) Form of Report.--The report required under this section shall +be submitted in unclassified form, but may contain a classified annex. + +SEC. 325. OBJECTIVES, PERFORMANCE STANDARDS, AND CRITERIA FOR USE OF + WILDLIFE CONSERVATION BANKING PROGRAMS. + + (a) In General.--To ensure opportunities for Department of Defense +participation in wildlife conservation banking programs pursuant to +section 2694c of title 10, United States Code, the Secretary of the +Interior, acting through the Director of the United States Fish and +Wildlife Service, shall issue regulations of general applicability +establishing objectives, measurable performance standards, and criteria +for use, consistent with the Endangered Species Act (16 U.S.C. 1531 et +seq.), for mitigation banking offsetting effects on a species, or +habitat of such species, that is endangered, threatened, a candidate +for listing, or otherwise at risk under such Act. To the maximum extent +practicable, the regulatory standards and criteria shall maximize +available credits and opportunities for mitigation, provide flexibility +for characteristics of various species, and apply equivalent standards +and criteria to all mitigation banks. + (b) Deadline for Regulations.--The Secretary of the Interior, +acting through the Director of the United States Fish and Wildlife +Service, shall publish an advance notice of proposed rulemaking for the +regulations required by subsection (a) by not later than 1 year after +the date of the enactment of this Act. + +SEC. 326. OFFSHORE WIND ENERGY DEVELOPMENT, MORRO BAY, CALIFORNIA. + + (a) Findings.--Congress makes the following findings: + (1) Since 2016, the Department of Defense and Department of + the Navy have been working with State and Federal stakeholders + to determine whether a commercial lease for the development of + renewable energy off the coast of Morro Bay, California could + be developed in a manner that is compatible with the training + and readiness requirements of the Department of Defense. + (2) Military readiness and the ability to conduct realistic + training are critical to our national security; however, energy + security and other ocean uses are also important. These + interests should be balanced to the extent practicable when + analyzing offshore energy proposals. + (3) In August 2019, Members of Congress, the Assistant + Secretary of Defense for Sustainment, senior officials from + other Federal agencies, and state and local elected + representatives met to discuss a path forward to accommodate + wind energy development off the Central Coast of California + while ensuring the Department of Defense was able to continue + meeting its testing, training, and operational requirements. + (4) Following the initial meeting in August 2019, the + stakeholder group continued meeting at roughly monthly + intervals through 2019 and into 2020 to discuss options and + work towards a mutually agreeable solution for renewable energy + development and continued military testing, training, and + operational requirements off the Central Coast of California. + (5) In May 2020, the Assistant Secretary of the Navy for + Energy, Installations, and Environment notified stakeholders + that despite the previous year of negotiations, it was his view + any wind energy developments off the Central Coast of + California may not be viewed as being compatible with military + activities. This unilateral decision was made abruptly, without + providing any supporting analysis or acknowledgment of the + progress and commitments made during previous negotiations, and + was not in the spirit of cooperation and collaboration that had + driven the previous 9 months of stakeholder engagements. + (6) Stakeholder confidence in the Department of Defense + review process is paramount. Abrupt and unilateral changes of + course erode confidence and undermine the State, local, and + industry trust in a fair, transparent, and predictable + adjudication of potential conflicts. + (7) In early 2019, in order to create continuity between + the offshore and terrestrial processes, the Department of + Defense consolidated its review of proposed energy development + projects so that offshore energy proposals were now included in + the Military Aviation and Installation Assurance Clearinghouse + (the Clearinghouse). The Clearinghouse has a proven record for + reviewing proposed energy development projects through a fair + and transparent process. The Morro Bay proposal pre-dates this + consolidation but underwent a similar Department of Defense led + compatibility review. + (8) Congress has generally supported the transparent and + fair Clearinghouse review process, as well as all efforts + between the Department of Defense and other stakeholders to + reach solutions that allow for the development of energy + projects in a manner that is compatible with military testing, + training, and operational requirements. + (9) Legislating a solution to a specific energy development + proposal should only be reserved for rare occasions. Due to + Navy's abrupt and unilateral decision to walk away from + productive negotiations, after months of good-faith efforts by + other stakeholders and public engagement, the threshold for + congressional intervention has been reached. + (b) Responsibility.--All interaction on behalf of the Department of +the Navy with the California Energy Commission, Federal agencies, State +and local governments, and potential energy developers regarding +proposed offshore wind energy off the central coast of California shall +be performed through the Office of the Under Secretary of Defense for +Acquisition and Sustainment. + (c) Briefing Requirement; Limitation.-- + (1) Briefing.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall + provide to the Committees on Armed Services and the Committee + on Natural Resources of the House of Representatives a briefing + on status of the review by the Offshore Energy Working Group of + the request to locate at least two offshore wind lease areas + proximate to and within the Morro Bay Call Area. Such briefing + shall include-- + (A) a detailed map that shows any areas identified; + (B) proposed mitigations that would enable + compatible development in the areas identified; + (C) any unresolved issues; and + (D) any other terms of the agreement reached with + the California Energy Commission, other Federal + agencies, State and local governments, and potential + energy developers. + (2) Limitation.--The Secretary of Defense may not issue a + final offshore wind assessment that proposes wind exclusion + areas and may not object to an offshore energy project in the + Central Coast of California that has filed for review by the + Military Aviation and Installation Assurance Clearinghouse + until the Secretary provides the briefing required under + paragraph (1). + (d) Limitation on Use of Funds.--Of the amounts authorized to be +appropriated by this Act or otherwise made available for the Department +of Defense for fiscal year 2021, not more than 75 percent may be +obligated or expended for the Office of the Assistant Secretary of the +Navy for Energy, Installations, and Environment until the date that is +30 days after the date on which the briefing required under subsection +(c)(1) is provided. + +SEC. 327. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM. + + (a) Establishment of Initiative.--Not later than January 15, 2021, +the Director of the Environmental Security Technology Certification +Program of the Department of Defense (hereinafter in this section +referred to as the ``Director'') may establish a demonstration +initiative composed of demonstration projects focused on the +development of long-duration energy storage technologies. + (b) Selection of Projects.--To the maximum extent practicable, in +selecting demonstration projects to participate in the demonstration +initiative under subsection (a), the Director may-- + (1) ensure a range of technology types; + (2) ensure regional diversity among projects; and + (3) consider bulk power level, distribution power level, + behind-the-meter, microgrid (grid-connected or islanded mode), + and off-grid applications. + (c) Joint Program.-- + (1) Establishment.--As part of the demonstration initiative + under subsection (a), the Director, in consultation with the + Secretary of Energy, may establish within the Department of + Defense a joint program to carry out projects-- + (A) to demonstrate promising long-duration energy + storage technologies at different scales to promote + energy resiliency; and + (B) to help new, innovative long-duration energy + storage technologies become commercially viable. + (2) Memorandum of understanding.--Not later than 200 days + after the date of enactment of this Act, the Director may enter + into a memorandum of understanding with the Secretary of Energy + to administer the joint program. + (3) Infrastructure.--In carrying out the joint program, the + Director and the Secretary of Energy may-- + (A) use existing test-bed infrastructure at-- + (i) installations of the Department of + Defense; and + (ii) facilities of the Department of + Energy; and + (B) develop new infrastructure for identified + projects, if appropriate. + (4) Goals and metrics.--The Director and the Secretary of + Energy may develop goals and metrics for technological progress + under the joint program consistent with energy resilience and + energy security policies. + (5) Selection of projects.-- + (A) In general.--To the maximum extent practicable, + in selecting projects to participate in the joint + program, the Director and the Secretary of Energy may-- + (i) ensure that projects are carried out + under conditions that represent a variety of + environments with different physical conditions + and market constraints; and + (ii) ensure an appropriate balance of-- + (I) larger, operationally-scaled + projects, adapting commercially-proven + technology that meets military service + defined requirements; and + (II) smaller, lower-cost projects. + (B) Priority.--In carrying out the joint program, + the Director and the Secretary of Energy may give + priority to demonstration projects that-- + (i) make available to the public project + information that will accelerate deployment of + long-duration energy storage technologies that + promote energy resiliency; and + (ii) will be carried out as field + demonstrations fully integrated into the + installation grid at an operational scale. + +SEC. 328. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING FIRE-FIGHTING + AGENT. + + (a) Authority.--The Secretary of Defense, acting through the +Assistant Secretary of Defense for Sustainment and the Strategic +Environmental Research and Development Program, may carry out a program +to award cash prizes and other types of prizes that the Secretary +determines are appropriate to recognize outstanding achievements in the +development of a non-PFAS-containing fire-fighting agent to replace +aqueous film-forming foam with the potential for application to the +performance of the military missions of the Department of Defense. + (b) Competition Requirements.--A program under subsection (a) shall +use a competitive process for the selection of recipients of cash +prizes. The process shall include the widely-advertised solicitation of +submissions of research results, technology developments, and +prototypes. + (c) Limitations.--The following limitations shall apply to a +program under subsection (a): + (1) No prize competition may result in the award of a prize + with a fair market value of more than $5,000,000. + (2) No prize competition may result in the award of more + than $1,000,000 in cash prizes without the approval of the + Assistant Secretary of Defense for Sustainment. + (3) No prize competition may result in the award of a + solely nonmonetary prize with a fair market value of more than + $10,000 without the approval of the Assistant Secretary of + Defense for Sustainment. + (d) Relationship to Other Authority.--A program under subsection +(a) may be carried out in conjunction with or in addition to the +exercise of any other authority of the Department of Defense. + (e) Use of Prize Authority.--Use of prize authority under this +section shall be considered the use of competitive procedures for the +purposes of section 2304 of title 10, United States Code. + (f) PFAS.--In this section, the term ``PFAS'' means-- + (1) man-made chemicals of which all of the carbon atoms are + fully fluorinated carbon atoms; and + (2) man-made chemicals containing a mix of fully + fluorinated carbon atoms, partially fluorinated carbon atoms, + and nonfluorinated carbon atoms. + (g) Termination.--The authority to carry out a program under this +section shall terminate on October 1, 2024. + +SEC. 329. SURVEY OF TECHNOLOGIES FOR DEPARTMENT OF DEFENSE APPLICATION + IN PHASING OUT THE USE OF FLUORINATED AQUEOUS FILM- + FORMING FOAM. + + (a) Survey of Technologies.--The Secretary of Defense shall conduct +a survey of relevant technologies, other than fire-fighting agent +solutions, to determine whether any such technologies are available and +can be adapted for use by the Department of Defense to facilitate the +phase-out of fluorinated aqueous film-forming foam. The technologies +surveyed under this subsection shall include hangar flooring systems, +fire-fighting agent delivery systems, containment systems, and other +relevant technologies the Secretary determines appropriate. + (b) Report.--Not later than 1 year after the date of enactment of +this Act, the Secretary shall submit to the congressional defense +committees a report on the results of the survey conducted under +subsection (a). Such report shall include-- + (1) a description of the technologies included in the + survey; + (2) a list of the technologies that were considered for + further testing or analysis; and + (3) any technologies that are undergoing additional + analysis for possible application within the Department. + +SEC. 330. INTERAGENCY BODY ON RESEARCH RELATED TO PER- AND + POLYFLUOROALKYL SUBSTANCES. + + (a) Establishment.--The Director of the Office of Science and +Technology Policy, acting through the National Science and Technology +Council, shall establish an interagency working group to coordinate +Federal activities to advance research and development needed to +address PFAS. + (b) Agency Participation.--The interagency working group shall +include a representative of each-- + (1) the Environmental Protection Agency; + (2) the National Institute of Environmental Health + Sciences; + (3) the Agency for Toxic Substances and Disease Registry; + (4) the National Science Foundation; + (5) the Department of Defense; + (6) the National Institutes of Health; + (7) the National Institute of Standards and Technology; + (8) the National Oceanic and Atmospheric Administration; + (9) the Department of the Interior; + (10) the Department of Transportation; + (11) the Department of Homeland Security; + (12) the National Aeronautics and Space Administration; + (13) the National Toxicology Program; + (14) the Department of Agriculture; + (15) the Geological Survey; + (16) the Department of Commerce; + (17) the Department of Energy; + (18) the Office of Information and Regulatory Affairs; + (19) the Office of Management and Budget; and + (20) any such other Federal department or agency as the + President considers appropriate. + (c) Co-Chairs.--The Interagency working group shall be co-chaired +by the Director of the Office of Science and Technology Policy and, on +an annual rotating basis, a representative from a Member agency, as +selected by the Director of the Office of Science and Technology +Policy. + (d) Responsibilities of the Working Group.--The interagency working +group established under subsection (a) shall-- + (1) provide for interagency coordination of Federally + funded PFAS research and development; and + (2) not later than 12 months after the date of enactment of + this Act, develop a strategic plan for Federal support for PFAS + research and development (to be updated not less than every 2 + years) that-- + (A) identifies all current Federally funded PFAS + research and development, including the nature and + scope of such research and development and the amount + of funding associated with such research and + development during the current fiscal year, + disaggregated by agency; + (B) identifies scientific and technological + challenges that must be addressed to understand and to + significantly reduce the environmental and human health + impacts of PFAS and to identify cost-effective-- + (i) alternatives to PFAS that are designed + to be safer and more environmentally friendly; + (ii) methods for removal of PFAS from the + environment; and + (iii) methods to safely destroy or degrade + PFAS; + (C) establishes goals, priorities, and metrics for + Federally funded PFAS research and development that + takes into account the current state of research and + development identified in paragraph (A) and the + challenges identified in paragraph (B); and + (D) an implementation plan for Federal agencies. + (e) Consultation.--In developing the strategic plan under +subsection (d), the interagency working group shall consult with +states, tribes, territories, local governments, appropriate industries, +academic institutions and nongovernmental organizations with expertise +in PFAS research and development, treatment, management, and +alternative development. + (f) Annual Report.--For each fiscal year beginning with fiscal year +2022, not later than 90 days after submission of the President's annual +budget request for such fiscal year, the Interagency working group +shall prepare and submit to Congress a report that includes-- + (1) a summary of Federally funded PFAS research and + development for such fiscal year and the preceding fiscal year, + including a disaggregation of spending for each participating + Federal agency; and + (2) a description of how Federal agencies are implementing + the strategic plan described in subsection (d). + (g) PFAS Research and Development.--The term ``PFAS research and +development'' includes any research or project that has the goal of +accomplishing the following: + (1) The removal of PFAS from the environment. + (2) The safe destruction or degradation of PFAS. + (3) The development and deployment of safer and more + environmentally friendly alternative substances that are + functionally similar to those made with PFAS. + (4) The understanding of sources of environmental PFAS + contamination and pathways to exposure for the public. + (5) The understanding of the toxicity of PFAS to humans and + animals. + +SEC. 331. RESTRICTION ON PROCUREMENT BY DEFENSE LOGISTICS AGENCY OF + CERTAIN ITEMS CONTAINING PERFLUOROALKYL SUBSTANCES AND + POLYFLUOROALKYL SUBSTANCES. + + (a) Prohibition.--The Director of the Defense Logistics Agency may +not procure any covered item containing a perfluoroalkyl substance or +polyfluoroalkyl substance. + (b) Definitions.--In this section: + (1) The term ``covered item'' means-- + (A) non-stick cookware or food service ware for use + in galleys or dining facilities; + (B) food packaging materials; + (C) furniture or floor waxes; + (D) carpeting, rugs, or upholstered furniture; + (E) personal care items; + (F) dental floss; and + (G) sunscreen. + (2) The term ``perfluoroalkyl substance'' means a man-made + chemical of which all of the carbon atoms are fully fluorinated + carbon atoms. + (3) The term ``polyfluoroalkyl substance'' means a man-made + chemical containing a mix of fully fluorinated carbon atoms, + partially fluorinated carbon atoms, and nonfluorinated carbon + atoms. + (c) Effective Date.--This section shall take effect on the date +that is one year after the date of the enactment of this Act. + +SEC. 332. STANDARDS FOR REMOVAL OR REMEDIAL ACTIONS WITH RESPECT TO + PFOS OR PFOA CONTAMINATION. + + (a) In General.--In conducting removal or remedial actions pursuant +to the Comprehensive Environmental Response, Compensation, and +Liability Act of 1980 (42 U.S.C. 9601 et seq.) or section 332 of the +National Defense Authorization Act for Fiscal Year 2020 (Public Law +116-92) of PFOS or PFOA contamination from Department of Defense or +National Guard activities found in drinking water or in groundwater +that is not currently used for drinking water, the Secretary of Defense +shall ensure that such actions result in a level that meets or exceeds +the most stringent of the following standards for PFOS or PFOA in any +environmental media: + (1) An enforceable State standard, in effect in that State, + for drinking, surface, or ground water, as described in section + 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, + Compensation, and Liability Act of 1980 (42 U.S.C. + 9621(d)(2)(A)(ii)). + (2) An enforceable Federal standard for drinking, surface, + or ground water, as described in section 121(d)(2)(A)(i) of the + Comprehensive Environmental Response, Compensation, and + Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)). + (3) A health advisory under section 1412(b)(1)(F) of the + Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)). + (b) Definitions.--In this section: + (1) The term ``PFOA'' means perfluorooctanoic acid. + (2) The term ``PFOS'' means perfluorooctane sulfonate. + (3) The terms ``removal'' and ``remedial action'' have the + meanings given those terms in section 101 of the Comprehensive + Environmental Response, Compensation, and Liability Act of 1980 + (42 U.S.C. 9601). + (c) Savings Clause.--Except with respect to the specific level +required to be met under subsection (a), nothing in this section +affects the application of the Comprehensive Environmental Response, +Compensation, and Liability Act of 1980 (42 U.S.C. 9607). + +SEC. 333. RESEARCH AND DEVELOPMENT OF ALTERNATIVE TO AQUEOUS FILM- + FORMING FOAM. + + (a) In General.--The Secretary of Defense, acting through the +National Institute of Standards and Technology and in consultation with +appropriate stakeholders and manufactures, research institutions, and +other Federal agencies shall award grants and carry out other +activities to-- + (1) promote and advance the research and development of + additional alternatives to aqueous film-forming foam (in this + section referred to as ``AFFF'') containing per- and + polyfluoroalkyl substances (in this section referred to as + ``PFAS'') to facilitate the development of a military + specification and subsequent fielding of a PFAS-free fire- + fighting foam; + (2) advance the use of green and sustainable chemistry for + a fluorine-free alternative to AFFF; + (3) increase opportunities for sharing best practices + within the research and development sector with respect to + AFFF; + (4) assist in the testing of potential alternatives to + AFFF; and + (5) provide guidelines on priorities with respect to an + alternative to AFFF. + (b) Additional Requirements.--In carrying out the program required +under subsection (a), the Secretary shall-- + (1) take into consideration the different uses of AFFF and + the priorities of the Department of Defense in finding an + alternative; + (2) prioritize green and sustainable chemicals that do not + pose a threat to public health or the environment; and + (3) use and leverage research from existing Department of + Defense programs. + (c) Report.--The Secretary shall submit to Congress a report on-- + (1) the priorities and actions taken with respect to + finding an alternative to AFFF and the implementation of such + priorities; and + (2) any alternatives the Secretary has denied, and the + reason for any such denial. + (d) Use of Funds.--This section shall be carried out using amounts +authorized to be available for the Strategic Environmental Research and +Development Program. + +SEC. 334. NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED IN AREAS + EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE. + + (a) Notification Required.--Not later than 60 days after the date +of the enactment of this Act, the Secretary of Defense, in consultation +with the Secretary of Agriculture, shall provide a notification +described in subsection (b) to any agricultural operation located +within 10 square miles of a location where covered PFAS-- + (1) has been detected in groundwater; + (2) has been hydrologically linked to a local water source, + including a water well; and + (3) is suspected to be, or due to a positive test known to + be, the result of the use of PFAS at any installation of the + Department of Defense located in the United States or any + State-owned facility of the National Guard. + (b) Notification Requirements.--The notification required under +subparagraph (a) shall include: + (1) The name of the Department of Defense or National Guard + installation from which the PFAS contamination in groundwater + originated. + (2) The specific type of PFAS detected in groundwater. + (3) The detection levels of PFAS detected. + (4) Relevant governmental information regarding the health + and safety of the covered PFAS detected, including relevant + Federal or State standards for PFAS in groundwater, livestock, + food commodities and drinking water, and any known restrictions + for sale of agricultural products that have been irrigated or + watered with water containing PFAS. + (c) Additional Testing Results.--The Secretary of Defense shall +provide to an agricultural operation that receives a notice under +subsection (a) any pertinent updated information, including any results +of new elevated testing, by not later than 15 days after receiving such +information. + (d) Report to Congress.--Not later than 90 days after the date of +the enactment of this Act, and annually thereafter, the Secretary of +Defense shall submit to the Committee on Agriculture, Nutrition, and +Forestry of the Senate and the Committee on Agriculture of the House of +Representatives a report on the status of providing notice under +subsection (a). Such report shall include, for the period covered by +the report-- + (1) the approximate locations of such operations relative + to installations of the Department of Defense located in the + United States and State-owned facilities of the National Guard; + (2) the PFAS substances detected in groundwater; and + (3) the levels of PFAS detected. + (e) Definitions.--In this section: + (1) The term ``covered PFAS'' means each of the following: + (A) Perfluorooctanoic acid (commonly referred to as + ``PFOA'') (Chemical Abstracts Service No. 335-67-1). + (B) Perfluorooctane sulfonic acid (commonly + referred to as ``PFOS'') (Chemical Abstracts Service + No. 1763-23-1). + (C) Perfluorobutanesulfonic acid ( commonly + referred to as ``PFBS'') (Chemical Abstracts Service + No. 375-73-5). + (D) Perfluorohexane sulfonate (commonly referred to + as ``PFHxs'') (Chemical Abstracts Service No. 108427- + 53-8). + (E) Perfluoroheptanoic acid (commonly referred to + as ``PFHpA'') (Chemical Abstracts Service No. 375-85- + 9). + (F) Perfluorohexanoic acid (commonly referred to as + ``PFHxA'') (Chemical Abstracts Service No. 307-24-4). + (G) Perfluorodecanoic acid (commonly referred to as + ``PFDA'') (Chemical Abstracts Service No. 335-76-2). + (H) Perfluorononanoic acid (commonly referred to as + ``PFNA'') (Chemical Abstracts Service No. 375-95-1). + (2) The term ``PFAS'' means a perfluoroalkyl or + polyfluoroalkyl substance with at least one fully fluorinated + carbon atom, including the chemical GenX. + +SEC. 335. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF DEFENSE TESTING + FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES. + + (a) Public Disclosure of PFAS Testing.--The Secretary of Defense +shall publicly disclose the results of any testing for perfluoroalkyl +or polyfluoroalkyl substances (commonly referred to as ``PFAS'') +conducted on military installations or formerly used defense sites, and +any testing for lead or copper at a Department education activity +facility, including-- + (1) all such testing results conducted by the Department of + Defense; and + (2) all such testing results conducted by a non-Department + entity (including any Federal agency and any public or private + entity) under contract by or pursuant to an agreement with the + Department of Defense. + (b) Nature of Disclosure.--The Secretary of Defense may satisfy the +disclosure requirement under subsection (a) by publishing the +information, datasets, and results relating to the testing referred to +in such subsection-- + (1) on the publicly available website established under + section 331(b) of the National Defense Authorization Act of + 2020 (Public Law 116-92) by not later than 7 days after such + information, datasets, and results become available; + (2) on another publicly available website of the Department + of Defense by not later than 7 days after such information, + datasets, and results become available; or + (3) in the Federal Register by not later than 30 days after + such information, datasets, and results become available. + (c) Requirements.--The information required to be disclosed by the +Secretary of Defense under subsection (a) and published under +subsection (b) shall-- + (1) constitute a record for the purposes of chapters 21, + 29, 31, and 33 of title 44, United States Code; and + (2) include any underlying datasets or additional + information of interest to the public, as determined by the + Secretary of Defense. + (d) Local Notification.--Prior to conducting any testing for +perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense +shall provide to the managers of the public water system and the +publicly owned treatment works serving the areas located immediately +adjacent to the military installation where such testing is to occur +notice in writing of the testing. + (e) Definitions.--In this section: + (1) The term ``formerly used defense site'' means any site + formerly used by the Department of Defense or National Guard + eligible for environmental restoration by the Secretary of + Defense funded under the ``Environmental Restoration Account, + Formerly Used Defense Sites'' account established under section + 2703(a)(5) of title 10, United States Code. + (2) The term ``military installation'' has the meaning + given such term in section 2801(c)(4) of title 10, United + States Code. + (3) The term ``perfluoroalkyl or polyfluoroalkyl + substance'' means any per or polyfluoroalkyl substance with at + least one fully fluorinated carbon atom. + (4) The term ``public water system'' has the meaning given + such term under section 1401(4) of the Safe Drinking Water Act + (42 U.S.C. 300f(4)). + (5) The term ``treatment works'' has the meaning given such + term in section 212(2) of the Federal Water Pollution Control + Act (33 U.S.C. 1292(2)). + +SEC. 336. BIOLOGICAL THREATS REPORT. + + (a) In General.--Not later than 180 days after the date of +enactment of this Act, the Secretary of Defense, in coordination with +the Secretary of State, shall submit to the appropriate congressional +committees a report on efforts to prevent, detect, and respond to +biological threats, including through cooperation with bilateral and +multilateral partners. + (b) Elements.--The report shall include the following: + (1) A description of actions taken by the Department of + Defense to improve proliferation prevention regarding, + detection of, and response to biological threats of natural, + accidental, or deliberate origin, including the following: + (A) Department of Defense policy guidance to + address the threat of naturally and accidentally + occurring diseases in addition to potential deliberate + biological events. + (B) Organizational chart describing those + responsible in each Department for coordinating these + activities, in accordance with the report required by + section 745 of the National Defense Authorization Act + for Fiscal Year 2020 (Public Law 116-92). + (C) A description of efforts to integrate + Department of Defense infectious disease research, + cooperative threat reduction programs, and other + activities designed to protect Department of Defense + personnel against infectious disease threats. + (2) Programs and policies to address the threat of + accidental or deliberate misuse of emerging biological + technologies, including synthetic biology, including + Cooperative Threat Reduction, efforts to cooperate with other + partners to establish international norms and standards, + consideration of new technologies in the Biological Threat + Reduction Program, and efforts to develop countermeasures. + +SEC. 337. REPORT ON ENERGY SAVINGS PERFORMANCE CONTRACTS. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +appropriate congressional committees a report on the use of energy +savings performance contracts (in this section referred to as +``ESPCs'') by the Department of Defense. Such report shall include-- + (1) the total investment value of the total number of ESPCs + per service for fiscal years 2016 through 2020; + (2) the location of facilities with ESPCs for fiscal years + 2016 through 2020; + (3) any limitations on expanding ESPCs throughout the + Department of Defense; + (4) the effect ESPCs have on military readiness; and + (5) any additional information the Secretary determines + relevant. + (b) Appropriate Congressional Committees.--In this section, the +appropriate congressional committees are-- + (1) the Committee on Armed Services and the Committee on + Energy and Commerce of the House of Representatives; and + (2) the Committee on Armed Services, the Committee on + Energy and Natural Resources, and the Committee on Environment + and Public Works of the Senate. + +SEC. 338. SENSE OF CONGRESS REGARDING AN INTEGRATED MASTER PLAN TOWARDS + ACHIEVING NET ZERO. + + It is the sense of Congress that the Department of Defense should +develop an integrated master plan for pursuing Net Zero initiatives and +reductions in fossil fuels using the findings of-- + (1) the assessment of Department of Defense operational + energy usage required under section 318; + (2) the Comptroller General report on Department of Defnse + installation energy required under section 323; and + (3) the Department of Defense report on emissions required + under section 324. + +SEC. 339. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL STUDY ON + HEALTH IMPLICATIONS HEALTH IMPLICATIONS OF PER- AND + POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING + WATER. + + Section 316(a)(2)(B)(ii) of the National Defense Authorization Act +for Fiscal Year 2018 (Public Law 115-91) is amended by striking +``$10,000,000'' and inserting ``$15,000,000''. + +SEC. 340. MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE OF + PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL SUBSTANCES, + AND AQUEOUS FILM FORMING FOAM. + + (a) In General.--Beginning on the date of the enactment of this +Act, the Secretary of Defense shall prohibit the incineration of +materials containing per- and polyfluoroalkyl substances or aqueous +film forming foam until regulations have been prescribed by the +Secretary that-- + (1) implement the requirements of section 330 of the + National Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92); and + (2) take into consideration the interim guidance published + by the Administrator of the Environmental Protection Agency + under section 7361 of the National Defense Authorization Act + for Fiscal Year 2020 (Public Law 116-92). + (b) Report.--Not later than 1 year after the publication of the +final regulations described in subsection (a), and annually thereafter, +the Secretary shall submit to the Administrator of the Environmental +Protection Agency a report on all incineration by the Department of +Defense of materials containing perfluoroalkyl substances, +polyfluoroalkyl substances, or aqueous film forming foam during the +year covered by the report, including-- + (1) the total amount of such materials incinerated; + (2) the temperature range at which such materials were + incinerated; and + (3) the locations and facilities where such materials were + incinerated. + +SEC. 341. GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS ACT OF 2020. + + (a) Short Title.--This section may be cited as the ``Guaranteeing +Equipment Safety for Firefighters Act of 2020''. + (b) National Institute of Standards and Technology Study on Per- +and Polyfluoroalkyl Substances in Personal Protective Equipment Worn by +Firefighters.-- + (1) In general.--Not later than 3 years after the date of + the enactment of this Act, the Director of the National + Institute of Standards and Technology shall, subject to + availability of appropriations, in consultation with the + Director of the National Institute for Occupational Safety and + Health, complete a study of the contents and composition of new + and unused personal protective equipment worn by firefighters. + (2) Contents of study.--In carrying out the study required + by paragraph (1), the Director of the National Institute of + Standards and Technology shall examine-- + (A) the identity, prevalence, and concentration of + per- and polyfluoroalkyl substances (commonly known as + ``PFAS'') in the personal protective equipment worn by + firefighters; + (B) the conditions and extent to which per- and + polyfluoroalkyl substances are released into the + environment over time from the degradation of personal + protective equipment from normal use by firefighters; + and + (C) the relative risk of exposure to per- and + polyfluoroalkyl substances faced by firefighters from-- + (i) their use of personal protective + equipment; and + (ii) degradation of personal protective + equipment from normal use by firefighters. + (3) Reports.-- + (A) Progress reports.--Not less frequently than + once each year for the duration of the study conducted + under paragraph (1), the Director shall submit to + Congress a report on the progress of the Director in + conducting such study. + (B) Final report.--Not later than 90 days after the + date on which the Director completes the study required + by paragraph (1), the Director shall submit to Congress + a report describing-- + (i) the findings of the Director with + respect to the study; and + (ii) recommendations on what additional + research or technical improvements to personal + protective equipment materials or components + should be pursued to avoid unnecessary + occupational exposure among firefighters to + per- and polyfluoroalkyl substances through + personal protective equipment. + (c) Research on Per- and Polyfluoroalkyl Substances in Personal +Protective Equipment Worn by Firefighters.-- + (1) In general.--Not later than 180 days after the date of + the submittal of the report required by subsection (b)(3)(B), + the Director of the National Institute of Standards and + Technology shall-- + (A) issue a solicitation for research proposals to + carry out the research recommendations identified in + the report submitted under subsection (b)(3); and + (B) award grants to applicants that submit research + proposals to develop safe alternatives to per- and + polyfluoroalkyl substances in personal protective + equipment. + (2) Criteria.--The Director shall select research proposals + to receive a grant under paragraph (1) on the basis of merit, + using criteria identified by the Director, including the + likelihood that the research results will address the findings + of the Director with respect to the study conducted under + subsection (b)(1). + (3) Eligible entities.--Any entity or group of 2 or more + entities may submit to the Director a research proposal in + response to the solicitation for research proposals under + paragraph (1), including-- + (A) State and local agencies; + (B) public institutions, including public + institutions of higher education; + (C) private corporations; and + (D) nonprofit organizations. + (d) Authority for Director of the National Institute of Standards +and Technology to Consult With Experts on Matters Relating to Per- and +Polyfluoroalkyl Substances.--In carrying out this section, the Director +of the National Institute of Standards and Technology may consult with +Federal agencies, nongovernmental organizations, State and local +governments, and science and research institutions determined by the +Director to have scientific or material interest in reducing +unnecessary occupational exposure to per- and polyfluoroalkyl +substances by firefighters. + (e) Authorization of Appropriations.-- + (1) In general.--There are authorized to be appropriated to + the Director $2,500,000 to carry out this section. + (2) Supplement not supplant.--Funds made available to carry + out this section shall supplement and not supplant funds made + available to the Director for other purposes. + +SEC. 342. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROPERTY PROGRAMS + WITH RESPECT TO NEED AND WILDFIRE RISK. + + (a) Assessment of Programs.-- + (1) In general.--The Secretary of Defense, acting through + the Director of the Defense Logistics Agency, jointly with the + Secretary of Agriculture, acting through the Chief of the + Forest Service, shall assess the Firefighter Property Program + (FFP) and the Federal Excess Personal Property Program (FEPP) + implementation and best practices, taking into account + community need and risk, including whether a community is an + at-risk community (as defined in section 101(1) of the Healthy + Forests Restoration Act of 2003 (16 U.S.C. 6511(1)). + (2) Collaboration.--In carrying out the assessment required + under paragraph (1), the Secretary of Defense, acting through + the Director of the Defense Logistics Agency, and the Secretary + of Agriculture, acting through the Chief of the Forest Service, + shall consult with State foresters and participants in the + programs described in such paragraph. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, acting through the +Director of the Defense Logistics Agency, jointly with the Secretary of +Agriculture, acting through the Chief of the Forest Service, shall +submit to the Committee on Armed Services and the Committee on +Agriculture of the House of Representatives and the Committee on Armed +Services and the Committee on Agriculture, Forestry, and Nutrition of +the Senate a report on the assessment required under paragraph (1) of +subsection (a) and any findings and recommendations with respect to the +programs described in such paragraph. + + Subtitle C--Logistics and Sustainment + +SEC. 351. NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW. + + (a) In General.--Chapter 2 of title 10, United States Code, is +amended by inserting after section 118 the following new section: +``Sec. 118a. National Defense Sustainment and Logistics Review + ``(a) Quadrennial Review Required.--Two years after the submittal +of each national defense strategy under section 113(g) of this title, +the Secretary of Defense shall conduct a comprehensive review of the +sustainment and logistics requirements necessary to support the force +structure, force modernization, infrastructure, and other elements of +the defense program and policies of the United States during the +subsequent 5-, 10-, and 25-year periods. Each such review shall be +known as the `National Defense Sustainment and Logistics Review'. Each +such review shall be conducted in consultation with the Secretaries of +the military departments, the chief of the armed services, the +Commander of United States Transportation Command, and the Commander of +the Defense Logistics Agency. + ``(b) Report to Congress.--(1) Not later than the first Monday in +February of the year following the fiscal year during which the review +required by subsection (a) is submitted, the Secretary shall submit to +the congressional defense committees a report on the review. Each such +report shall include each of the following: + ``(A) An assessment of the strategic and tactical maritime + logistics force (including non-military assets provided by + Military Sealift Command and through the Voluntary Intermodal + Sealift Agreement) required to support sealift and at sea + logistics requirements of forces to meet steady state and + contingency requirements. + ``(B) An assessment of the strategic and tactical airlift + and tankers (including non-military assets provided by the + Civil Reserve Air Fleet and through the Voluntary Tanker + Agreement) required to support movement of forces to meet + steady state and contingency requirements. + ``(C) An assessment of the location, configuration, and + inventory of prepositioned materiel and equipment programs + required to meet steady state and contingency requirements. + ``(D) An assessment of the location, infrastructure, and + storage capacity for petroleum, oil, and lubricant products, as + well as the ability to distribute such products from storage + supply points to deployed military forces, required to meet + steady state and contingency requirements. + ``(E) An assessment of the capabilities, capacity, and + infrastructure of the Department of Defense organic industrial + base and private sector industrial base required to meet + steady-state and surge software and depot maintenance + requirements. + ``(F) An assessment of the production capability, capacity, + and infrastructure, of the Department of Defense organic + industrial base and private sector industrial base required to + meet steady-state and surge production requirements for + ammunition and other military munitions. + ``(G) An assessment of the condition, capacity, and + location of military infrastructure required to project + military forces to meet steady-state and contingency + requirements. + ``(H) An assessment of the cybersecurity risks to military + and commercial logistics networks and information technology + systems. + ``(I) An assessment of the gaps between the requirements + identified under subparagraphs (A) through (H) compared to the + actual force structure and infrastructure capabilities, + capacity, and posture and the risks associated with each gap as + it relates to the ability to meet the national defense + strategy. + ``(J) A discussion of the identified mitigations being + pursued to address each gap and risk identified under + subparagraph (I) as well as the initiatives and resources + planned to address such gaps, as included in the Department of + Defense budget request submitted during the same year as the + report and the applicable future-years defense program. + ``(K) An assessment of the extent to which wargames + conducted by the Department of Defense, Joint Staff, geographic + combatant commands, and military departments incorporate + logistics capabilities and threats and a description of the + logistics constraints to operations identified through such + wargames. + ``(L) Such other matters the Secretary of Defense considers + appropriate. + ``(2) The report required under this subsection shall be submitted +in classified form and shall include an unclassified summary. + ``(c) Comptroller General Review.--Not later than 180 days after +the date on which Secretary submits each report required under +subsection (b), the Comptroller General shall submit to the +congressional defense committees a report that includes an assessment +of each of the following: + ``(1) Whether the report includes each of the elements + referred to in subsection (b). + ``(2) The strengths and weaknesses of the approach and + methodology used in conducting the review required under + subsection (a) that is covered by the report. + ``(3) Any other matters relating to sustainment that may + arise from the report, as the Comptroller General considers + appropriate. + ``(d) Relationship to Budget.--Nothing in this section shall be +construed to affect section 1105(a) of title 31. + ``(e) Termination.--The requirement to submit a report under this +section shall terminate on the date that is 10 years after the date of +the enactment of this section.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +118 the following new item: + +``118a. National Defense Sustainment and Logistics Review.''. + (c) Deadline for Submittal of First Report.--Notwithstanding the +deadline in subsection (b)(1) of section 118a of title 10, United +States Code, the Secretary of Defense shall submit the first report +under such section by no later than the date that is 18 months after +the date of the enactment of this Act. + +SEC. 352. EXTENSION OF SUNSET RELATING TO CHARTER AIR TRANSPORTATION + SERVICES. + + Section 9515(k) of title 10, United States Code, is amended by +striking ``2020'' and inserting ``2025''. + +SEC. 353. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY SHIP DEPOT + MAINTENANCE BUDGET REPORT. + + Section 363(b) of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92) is amended by adding at the end the +following new paragraphs: + ``(6) The execution of the planned schedule, categorized by + class of ship, for each of the three preceding fiscal years, + including-- + ``(A) the actual contract award compared to the + milestone; + ``(B) the planned completion date compared to the + actual completion date; and + ``(C) each regional maintenance center's + availability schedule performance for on-time + availability completion. + ``(7) In accordance with the findings of the Government + Accountability Office (GAO 20-370)-- + ``(A) in 2021, an analysis plan for the evaluation + of pilot program availabilities funded by the Other + Procurement, Navy account; and + ``(B) in 2022, a report on the Navy's progress + implementing such analysis plan.''. + +SEC. 354. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS FORWARD + DEPLOYMENT OF NAVAL VESSELS. + + Section 323(b) of the National Defense Authorization Act for Fiscal +Year 2019 (Public Law 115-232; 10 U.S.C. 8690 note) is amended by +striking ``In the case of any naval vessel'' and inserting ``In the +case of any aircraft carrier, amphibious ship, cruiser, destroyer, +frigate, or littoral combat ship''. + +SEC. 355. INDEPENDENT ADVISORY PANEL ON WEAPON SYSTEM SUSTAINMENT. + + (a) Establishment.--The Secretary of Defense shall establish an +independent advisory panel (in this section referred to as the +``panel'') on the weapon system sustainment ecosystem. The National +Defense University and the Defense Acquisition University shall sponsor +the panel, including by providing administrative support. + (b) Membership.-- + (1) Composition.--The panel shall be comprised of nine + members, of whom-- + (A) five shall be appointed by the Secretary of + Defense; + (B) one shall be appointed by the Chairman of the + Committee on Armed Services of the Senate; + (C) one shall be appointed by the Ranking Member of + the Committee on Armed Services of the Senate; + (D) one shall be appointed by the Chairman of the + Committee on Armed Services of the House of + Representatives; and + (E) one shall be appointed by the Ranking Member of + the Committee on Armed Services of the House of + Representatives. + (2) Expertise.--In making appointments under this + subsection, consideration should be given to individuals with + expertise in public and private-sector acquisition, + sustainment, and logistics policy in aviation, ground, maritime + systems, and space systems and their related components. + (3) Appointment date.--The appointment of the members of + the panel shall be made not later than 120 days after the date + of the enactment of this Act. + (c) Duties.--The panel shall-- + (1) review the weapon system sustainment ecosystem from + development, production, and sustainment of the weapon system + through use in the field, depot and field-level maintenance, + modification, and disposal with a goal of-- + (A) maximizing the availability and mission + capabilities of weapon systems; + (B) reducing overall life-cycle costs of weapon + systems during fielding, operation and sustainment; and + (C) aligning weapon system sustainment functions to + the most recent national defense strategy submitted + pursuant to section 113 of title 10, United States + Code; and + (2) using information from the review of the weapon system + sustainment ecosystem, make recommendations related to + statutory, regulatory, policy, or operational best practices + the panel considers necessary. + (d) Report.-- + (1) Interim report.--Not later than 1 year after the date + on which all members of the panel have been appointed, the + panel shall provide to the Secretary of Defense and the + Committees on Armed Services of the Senate and House of + Representatives a briefing on the interim findings and + recommendations of the panel. + (2) Final report.--Not later than 2 years after the date on + which all members of the panel have been appointed, the panel + shall submit to the Secretary of Defense and the Committees on + Armed Services of the Senate and House of Representatives a + report setting for a detailed statement of the findings and + conclusions the panel as a result of the review described in + subsection (c), together with such recommendations related to + statutory, regulatory, policy, or operational practices as the + panel considers appropriate in light of the results of the + review. + (e) Administrative Matters.-- + (1) In general.--The Secretary of Defense shall provide the + panel with timely access to appropriate information, data, + resources, analysis, and logistics support so that the panel + may conduct a thorough and independent assessment as required + under this section. + (2) Effect of lack of appointment by appointment date.--If + any member has not been appointed by the date specified in + subsection (b)(3), the authority to appoint such member under + subsection (b)(1) shall expire, and the number of members of + the panel shall be reduced by the number equal to the number of + appointments so not made. + (3) Period of appointment; vacancies.--Members of the panel + shall be appointed for the duration of the panel. Any vacancy + in the panel shall not affect its powers, but shall be filled + in the same manner as the original appointment. + (4) Chair.--The panel shall select a Chair from among its + members. The Chair may not be a Federal officer or employee. + (f) Termination.--The panel shall terminate 90 days after the date +on which the panel submits the report required under subsection (d)(2). + +SEC. 356. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD INFRASTRUCTURE + OPTIMIZATION PLAN. + + (a) Briefings Required.--During the period beginning on July 1, +2020, and ending on July 1, 2025, the Secretary of the Navy shall +provide to the congressional defense committees biannual briefings on +the status of the Shipyard Infrastructure Optimization Plan. + (b) Elements of Briefings.--Each briefing under subsection (a) +shall include a discussion of the status of each of the following +elements: + (1) A master plan for infrastructure development, including + projected military construction and capital equipment projects. + (2) A planning and design update for military construction, + minor military construction, and facility sustainment projects + over the subsequent five-year period. + (3) A human capital management and development plan. + (4) A workload management plan that includes + synchronization requirements for each shipyard and ship class. + (5) Performance metrics and an assessment plan. + (6) A funding and authority plan that includes funding + lines across the future years defense program. + +SEC. 357. MATERIEL READINESS METRICS AND OBJECTIVES FOR MAJOR WEAPON + SYSTEMS. + + (a) In General.--Section 118 of title 10, United States Code is +amended-- + (1) by amending the section heading to read as follows: + ``Materiel readiness metrics and objectives for major weapon + systems''; + (2) by striking ``Not later than five days'' and inserting + the following: + ``(d) Budget Justification.--Not later than five days''; + (3) by inserting before subsection (d) (as designated by + paragraph (2)) the following new subsections: + ``(a) Materiel Readiness Metrics.--Each head of an element of the +Department specified in paragraphs (1) through (10) of section 111(b) +of this title shall establish and maintain materiel readiness metrics +to enable assessment of the readiness of members of the armed forces to +carry out-- + ``(1) the strategic framework required by section + 113(g)(1)(B)(vii) of this title; and + ``(2) guidance issued by the Secretary of Defense pursuant + to section 113(g)(1)(B) of this title. + ``(b) Required Metrics.--At a minimum, the materiel readiness +metrics required by subsection (a) shall address the materiel +availability, operational availability, operational capability, and +materiel reliability of each major weapon system by designated mission, +design series, variant, or class. + ``(c) Materiel Readiness Objectives.--(1) Not later than one year +after the date of the enactment of this Act, each head of an element +described in subsection (a) shall establish the metrics required by +subsection (b) necessary to support the strategic framework and +guidance referred to in paragraph (1) and (2) of subsection (a). + ``(2) Annually, each head of an element described in subsection (a) +shall review and revise the metrics required by subsection (b) and +include any such revisions in the materials submitted to Congress in +support of the budget of the President under section 1105 of title +31.''; + (4) in subsection (d) (as designated by paragraph (2))-- + (A) in paragraph (1)-- + (i) by striking ``materiel reliability, and + mean down time metrics for each major weapons + system'' and inserting ``operational + availability, and materiel reliability for each + major weapon system''; and + (ii) by inserting ``and'' at the end; + (B) in paragraph (2), by striking ``; and'' and + inserting a period at the end; and + (C) by striking paragraph (3); and + (5) by adding at the end the following new subsection: + ``(e) Definitions.--In this section: + ``(1) The term `major weapon system' has the meaning given + in section 2379(f) of this title. + ``(2) The term `materiel availability' means a measure of + the percentage of the total inventory of a major weapon system + that is operationally capable of performing an assigned + mission. + ``(3) The term `materiel reliability' means the probability + that a major weapon system will perform without failure over a + specified interval. + ``(4) The term `operational availability' means a measure + of the percentage of time a major weapon system is + operationally capable. + ``(5) The term `operationally capable' means a materiel + condition indicating that a major weapon system is capable of + performing its assigned mission and has no discrepancies with a + subsystem of a major weapon system.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 2 of title 10, United States Code, is amended by striking the +item relating to section 118 and inserting the following new item: + +``118. Materiel readiness metrics and objectives for major defense + acquisition programs.''. + (c) Briefing.--Not later than October 1, 2021, the Secretary of +Defense shall brief the congressional defense committees regarding the +implementation of the materiel readiness metrics required under section +118 of title 10, United States Code, as amended by subsection (a). + + Subtitle D--Munitions Safety and Oversight + +SEC. 361. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE SAFETY BOARD. + + (a) Responsibilities.--Section 172 of title 10, United States Code, +is amended by adding at the end the following new subsections: + ``(c) Responsibilities of Chair.--The chair of the explosive safety +board shall carry out the following responsibilities: + ``(1) To act as the principal executive representative and + advisor of the Secretary on explosive and chemical agent safety + matters related to Department of Defense military munitions. + ``(2) To perform the hazard classification approval duties + assigned to the chair. + ``(3) To preside over meetings of the explosive safety + board. + ``(4) To direct the staff of the explosive safety board. + ``(5) To performs other functions relating to explosives + safety management, as directed by the Assistant Secretary of + Defense for Sustainment. + ``(6) To provide impartial and objective advice related to + explosives safety management to the Secretary of Defense and + the heads of the military departments. + ``(7) To serve as the principal representative and advisor + of the Department of Defense on matters relating to explosives + safety management. + ``(8) To provide assistance and advice to the Under + Secretary of Defense for Acquisition and Sustainment and the + Deputy Director of Land Warfare and Munitions in munitions + acquisition oversight and technology advancement for Department + of Defense military munitions, especially in the areas of + explosives and chemical agent safety and demilitarization. + ``(9) To provide assistance and advice to the Assistant + Secretary of Defense for Logistics and Material Readiness in + sustainment oversight of Department of Defense military + munitions, especially in the areas of explosives and chemical + agent safety, storage, transportation, and demilitarization. + ``(10) To develop and recommend issuances to define the + functions of the explosive safety board. + ``(11) To establishes joint hazard classification + procedures with covered components of the Department. + ``(12) To make recommendations to the Under Secretary of + Defense for Acquisition and Sustainment with respect to + explosives and chemical agent safety tenets and requirements. + ``(13) To conducts oversight of Department of Defense + explosive safety management programs. + ``(14) To carry out such other responsibilities as the + Secretary of Defense determines appropriate. + ``(d) Responsibilities of Executive Director and Civilian +Members.--The executive director and civilian members of the explosive +safety board shall-- + ``(1) provide assistance to the chair in carrying out the + responsibilities specified in subsection (c); and + ``(2) carry out such other responsibilities as the chair + determines appropriate. + ``(e) Meetings.--(1) The explosive safety board shall meet not less +frequently than quarterly. + ``(2) The chair shall submit to the congressional defense +committees an annual report describing the activities conducted at the +meetings of the board. + ``(f) Exclusive Responsibilities.--The explosive safety board shall +have exclusive responsibility within the Department of Defense for-- + ``(1) recommending new and updated explosive and chemical + agent safety regulations and standards to the Assistant + Secretary of Defense for Energy Installations and Environment + for submittal to the Under Secretary of Defense for Acquisition + and Sustainment; and + ``(2) acting as the primary forum for coordination among + covered components of the Department on all matters related to + explosive safety management. + ``(g) Covered Components.--In this section, the covered components +of the Department are each of the following: + ``(1) The Office of the Secretary of Defense. + ``(2) The military departments. + ``(3) The Office of the Chairman of the Joint Chiefs of + Staff and the Joint Staff, the Combatant Commands. + ``(4) The Office of the Inspector General of the + Department. + ``(5) The Defense Agencies. + ``(6) The Department of Defense field activities. + ``(7) All other organizational entities within the + Department.''. + (b) Deadline for Appointment.--By not later than 90 days after the +date of the enactment of this Act, the Secretary of Defense shall take +such steps as may be necessary to ensure that the explosive safety +board of the Department of Defense, as authorized under section 172 of +title 10, United States Code, has a chair who is a military officer and +whose responsibilities include the day-to-day management of the +explosive safety board and the responsibilities provided in subsection +(c) of such section. + (c) Limitation on Use of Funds.--Of the amounts authorized to be +appropriated or otherwise made available in this Act for the Office of +the Under Secretary of Defense for Acquisition and Sustainment for +fiscal year 2021, not more than 75 percent may be obligated or expended +until the date on which the Under Secretary of Defense certifies to the +congressional defense committees that all board member positions, +including the chair, of the Department of Defense explosive safety +board, as authorized under section 172 of title 10, United States Code, +as amended by this section, have been filled by military officers as +required by such section. + +SEC. 362. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM. + + (a) Roles, Responsibilities, and Authorities.--Section 2284(b) of +title 10, United States Code, as amended by section 1052 of the +National Defense Authorization Act for Fiscal Year 2020 (Public Law +116-92), is further amended-- + (1) in paragraph (1)(A)-- + (A) by inserting ``and'' before ``integration''; + and + (B) by striking ``an Assistant Secretary of + Defense'' and inserting ``the Assistant Secretary of + Defense for Special Operations and Low Intensity + Conflict''; + (2) in paragraph (2), by striking ``to whom responsibility + is assigned under paragraph (1)(A)'' and inserting ``for + Special Operations and Low Intensity Conflict''; + (3) by redesignating paragraphs (3) and (4) as paragraphs + (4) and (5), respectively; and + (4) by inserting after paragraph (2) the following new + paragraph (3): + ``(3) the Assistant Secretary of Defense for Special + Operations and Low Intensity Conflict shall coordinate with-- + ``(A) the Under Secretary of Defense for + Intelligence on explosive ordnance technical + intelligence; + ``(B) the Under Secretary of Defense for + Acquisition and Sustainment on explosive ordnance + disposal research, development, acquisition, and + sustainment; + ``(C) the Under Secretary of Defense for Research + and Engineering on explosive ordnance disposal + research, development, test, and evaluation; + ``(D) the Assistant Secretary of Defense for + Homeland Security and Global Security on explosive + ordnance disposal on defense support of civil + authorities; and + ``(E) the Assistant Secretary of Defense for + Nuclear, Chemical, and Biological Defense programs on + explosive ordnance disposal for combating weapons of + mass destruction;''. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and House of Representatives +a report of the Explosive Ordnance Disposal Defense Program under +section 2284 of title 10, United States Code. Such report shall include +each of the following: + (1) The status of the establishment and organization of the + Program and the compliance with the requirements of such + section, as amended by section 1052 of the National Defense + Authorization Act for Fiscal Year 2020. + (2) An assessment of the feasibility and advisability of + designating the Joint Program Executive Officer for Armaments + and Ammunition as the joint program executive officer for the + explosive ordnance disposal program or establishing a rotation + of the role between an Army, Navy, and Air Force entity on a + periodic basis. + (3) An assessment of the feasibility and advisability of + designating the Director of the Defense Threat Reduction Agency + with management responsibility for a Defense-wide program + element for explosive ordnance disposal research, development, + test, and evaluation transactions other than contracts, + cooperative agreements, and grants related to section 2371 of + title 10, United States Code, during research projects + including rapid prototyping and limited procurement urgent + activities and acquisition. + +SEC. 363. ASSESSMENT OF RESILIENCE OF DEPARTMENT OF DEFENSE MUNITIONS + ENTERPRISE. + + (a) Assessment.--Not later than 60 days after the date of the +enactment of this Act, the Secretary of Defense shall enter into an +agreement with a federally-funded research and development center with +relevant expertise under which such center shall conduct an assessment +of the resilience of the Department of Defense munitions enterprise. + (b) Elements.--The assessment required under subsection (a) shall +include the following elements: + (1) An identification of the points of failure with respect + to the munitions enterprise, including physical locations, + materials, suppliers, contractors, and other relevant elements, + that, if failure occurs, would have the largest negative impact + on the capacity, resiliency, and safety of the enterprise. + (2) An evaluation of the efforts of the Department of + Defense to address the points of failure identified under + paragraph (1). + (3) Recommendation with respect to any additional efforts + or actions that could be taken to provide for mitigation or + solutions with respect to such points of failure. + (4) An evaluation of the capacity of the munitions + enterprise to support a sudden surge in demand to support a + contingency. + (5) An evaluation of the capacity of the munitions + enterprise to withstand intentional disruption during a + conflict. + (c) Report and Briefings.--The Secretary shall-- + (1) submit to the congressional defense committees a report + on the results of assessment conducted under this section by + not later than December 31, 2021; and + (2) provide for such committees interim briefings on such + assessment upon request. + (d) Point of Failure.--In this section, the term ``point of +failure'' means, with respect to the munitions enterprise, an aspect of +the enterprise, that, if it were to fail or be significantly negatively +impacted would cause the portion of the enterprise it supports to +either fail or be significantly negatively impacted. + +SEC. 364. REPORT ON SAFETY WAIVERS AND MISHAPS IN DEPARTMENT OF DEFENSE + MUNITIONS ENTERPRISE. + + (a) Report Required.--The Secretary shall include with the +Department of Defense materials submitted to Congress with the budget +of the President for each of fiscal years 2022 through 2025 (as +submitted to Congress pursuant to section 1105 of title 31, United +States Code), a report on safety waivers provided in the Department of +Defense munitions enterprise. Each such report shall include each of +the following for the year covered by the report and each of the +preceding 3 years: + (1) A list of each waiver, exemption, and secretarial + exemption or certification provided with respect to any + Department of Defense munitions safety standard. + (2) For each such waiver, exemption, or certification + provided-- + (A) the location where the waiver, exemption, or + certification was provided; + (B) a summary of the justification used for + providing the waiver, exemption, or certification; + (C) the time period during which the waiver, + exemption, or certification applies and the number of + times such a waiver, exemption, or certification has + been provided at that location; and + (D) a list of all safety-related mishaps that + occurred at locations where waivers, exemptions, or + certifications were in place, and for each such mishap, + whether or not a subsequent investigation determined + the waiver, exemption, or certification was related or + may have been related to the mishap. + (3) A list and summary of all class A through class E + mishaps related to the construction, storage, transportation, + usage, and demilitarization of munitions. + (4) Any mitigation efforts in place at any location where a + waiver, exemption, or certification has been provided or where + a safety-related mishap has occurred. + (5) Such other matters as the Secretary determines + appropriate. + (b) Munitions Defined.--In this section, the term ``munitions'' +includes ammunition, explosives, and chemical agents. + + Subtitle E--Other Matters + +SEC. 371. PILOT PROGRAM FOR TEMPORARY ISSUANCE OF MATERNITY-RELATED + UNIFORM ITEMS. + + (a) Pilot Program.--The Director of the Defense Logistics Agency, +in coordination with the Secretaries concerned, shall carry out a pilot +program under which each Secretary concerned shall establish an office +for issuing maternity-related uniform items to pregnant members of the +Armed Forces, on a temporary basis and at no cost to such member. In +carrying out the pilot program, the Director shall take the following +actions: + (1) The Director shall ensure that such offices maintain a + stock of each type of maternity-related uniform item determined + necessary by the Secretary concerned, including service + uniforms items, utility uniform items, and other items relating + to the command and duty assignment of the member requiring + issuance. + (2) The Director shall ensure that such items have not been + treated with the chemical permethrin. + (3) The Director, in coordination with the Secretary + concerned, shall determine a standard number of maternity- + related uniform items that may be issued per member. + (4) The Secretary concerned shall ensure that any member + receiving a maternity-related uniform item returns such item to + the relevant office established under paragraph (1) on the date + on which the Secretary concerned determines the member no + longer requires such item. + (5) The Secretary concerned shall inspect, process, repair, + clean, and re-stock items returned by a member pursuant to + paragraph (4) for re-issuance from such relevant office. + (6) The Director, in coordination with the Secretaries + concerned, may issue such guidance and regulations as necessary + to carry out the pilot program. + (b) Termination.--No maternity-related uniform items may be issued +to a member of the Armed Forces under the pilot program after September +30, 2026. + (c) Report.--Not later than September 30, 2025, the Director of the +Defense Logistics Agency, in coordination with the Secretaries +concerned, shall submit to the congressional defense committees a +report on the pilot program. Such report shall include each of the +following: + (1) For each year during which the pilot program was + carried out, the number of members of the Armed Forces who + received a maternity-related uniform item under the pilot + program. + (2) An overview of the costs associated with, and any + savings realized by, the pilot program, including a comparison + of the cost of maintaining a stock of maternity-related uniform + items for issuance under the pilot program versus the cost of + providing allowances to members for purchasing such items. + (3) A recommendation on whether the pilot program should be + extended after the date of termination under subsection (b) and + whether legislation is necessary for such extension. + (4) Any other matters that the Secretary of Defense + determines appropriate. + (d) Authorization of Appropriations.--Of the amounts authorized to +be appropriated for operation and maintenance, Defense-wide, for fiscal +year 2021, as specified in the funding table in section 4301, +$10,000,000 shall be available for implementation of the pilot program. + +SEC. 372. SERVICEWOMEN'S COMMEMORATIVE PARTNERSHIPS. + + (a) In General.--The Secretary of the Army may enter into a +contract, partnership, or grant with a non-profit organization for the +purpose of providing financial support for the maintenance and +sustainment of infrastructure and facilities at military service +memorials and museums that highlight the role of women in the military. +Such a contract, partnership, or grant shall be referred to as a +``Servicewomen's Commemorative Partnership''. + (b) Authorization of Appropriations.--Of the amounts authorized to +be appropriated for fiscal year 2021, as identified in division D of +this Act, $3,000,000 shall be available for Servicewomen's +Commemorative Partnerships under subsection (a). + +SEC. 373. BIODEFENSE ANALYSIS AND BUDGET SUBMISSION. + + (a) Annual Analysis.--For each fiscal year, the Director of the +Office of Management and Budget shall-- + (1) conduct a detailed and comprehensive analysis of + Federal biodefense programs; and + (2) develop an integrated biodefense budget submission. + (b) Definition of Biodefense.--In accordance with the National +Biodefense Strategy, the Director shall develop and disseminate to all +Federal departments and agencies a unified definition of the term +``biodefense'' to identify which programs and activities are included +in annual budget submission referred to in subsection (a). + (c) Requirements for Analysis.--The analysis required under +subsection (a) shall include-- + (1) the display of all funds requested for biodefense + activities, both mandatory and discretionary, by agency and + categorized by biodefense enterprise element, including threat + awareness, prevention, deterrence, preparedness, surveillance + and detection, response, attribution (including bioforensic + capabilities), recovery, and mitigation; and + (2) detailed explanations of how each program and activity + included aligns with biodefense goals. + (d) Submittal to Congress.-- The Director shall submit to Congress +the analysis required under subsection (a) for a fiscal year +concurrently with the President's annual budget request for that fiscal +year. + +SEC. 374. CLARIFICATION OF NATIONAL BIODEFENSE STRATEGY. + + (a) In General.--The Secretary of Health and Human Services, in +cooperation with the Biodefense Steering Committee, shall clarify the +national biodefense strategy and associated implementation plan +developed under section 1086 of the National Defense Authorization Act +for Fiscal Year 2017 (6 U.S.C. 104) to clearly document agreed-upon +processes, roles, and responsibilities for making and enforcing +enterprise-wide decisions. + (b) Specific Clarifications.--In carrying out subsection (a), the +Secretary of Health and Human Services shall work with the head of each +agency participating in the Biodefense Steering Committee, including +the Administrator of the Federal Emergency Management Agency, to-- + (1) enter into a memorandum of understanding, or take such + other action as is necessary, to describe the roles and + responsibilities of the Federal departments and agencies, + including internal and external coordination procedures, in + identifying and sharing information, as described in section + 1086(b)(4) of the National Defense Authorization Act for Fiscal + Year 2017 (6 U.S.C. 104(b)(4)); + (2) clarify roles, responsibilities, and processes for + decisionmaking that involves shifting resources across agency + boundaries to more effectively or efficiently address + enterprise-wide risk; + (3) prepare an inventory and assessment of all existing + strategies, plans, policies, laws, and interagency agreements + with respect to biodefense; + (4) establish a resource plan to staff, support, and + sustain the efforts of the Biodefense Coordination Team; + (5) clearly document guidance and methods for analyzing the + data collected from agencies to include non-Federal resources + and capabilities; and + (6) not later than 90 days after the date of enactment of + this Act, report to the appropriate congressional committees on + possible implementation strategies, that will effectively and + efficiently enhance information-sharing activities on + biosurveillance data integration as identified in the national + biodefense strategy and associated implementation plan + described in subsection (a). + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means the following: + (1) The Committees on Armed Services of the House of + Representatives and the Senate. + (2) The Committees on Appropriations of the House of + Representatives and the Senate. + (3) The Committee on Energy and Commerce of the House of + Representatives and the Committee on Health, Education, Labor, + and Pensions of the Senate. + (4) The Committee on Homeland Security of the House of + Representatives and the Committee on Homeland Security and + Governmental Affairs of the Senate. + (5) The Committee on Agriculture of the House of + Representatives and the Committee on Agriculture, Nutrition, + and Forestry of the Senate. + +SEC. 375. REPORT ON BIODEFENSE. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report that includes-- + (1) a description of the roles and responsibilities of + Department of Defense entities with responsibility for + biodefense or pandemic preparedness and response, including + logistical support; + (2) an updated Department of Defense implementation plan + for biodefense and pandemic response operations that includes a + separation of activities conducted under title 10, United + States Code, and activities conducted under title 32, United + States Code; and + (3) recommendations for solving gaps in authorities or + organizational structures that have inhibited COVID-19 response + efforts. + +SEC. 376. FACILITATING AGREEMENTS WITH OTHER FEDERAL AGENCIES TO LIMIT + ENCROACHMENTS. + + Section 2684a(d)(5) of title 10, United States Code, is amended-- + (1) in the second sentence of subparagraph (A), by + inserting ``or another Federal agency'' after ``to a State'' + both places it appears; and + (2) by striking subparagraph (B) and inserting the + following: + ``(B) Notwithstanding subparagraph (A), if all or a portion of the +property or interest acquired under the agreement is initially or +subsequently transferred to a State or another Federal agency, before +that State or other Federal agency may declare the property or interest +in excess to its needs or propose to exchange the property or interest, +the State or other Federal agency shall give the Secretary concerned +reasonable advance notice of its intent. If the Secretary concerned +determines it necessary to preserve the purposes of this section, the +Secretary concerned may request that administrative jurisdiction over +the property be transferred to the Secretary concerned at no cost, and, +upon such a request being made, the administrative jurisdiction over +the property shall be transferred accordingly. If the Secretary +concerned does not make such a request within a reasonable time period, +all such rights of the Secretary concerned to request transfer of the +property or interest shall remain available to the Secretary concerned +with respect to future transfers or exchanges of the property or +interest and shall bind all subsequent transferees.''. + + TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS + + Subtitle A--Active Forces + +SEC. 401. END STRENGTHS FOR ACTIVE FORCES. + + The Armed Forces are authorized strengths for active duty personnel +as of September 30, 2021, as follows: + (1) The Army, 485,900. + (2) The Navy, 347,800. + (3) The Marine Corps, 184,100. + (4) The Air Force, 327,266. + (5) The Space Force, 6,434. + +SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM + LEVELS. + + Section 691(b) of title 10, United States Code, is amended by +striking paragraphs (1) through (4) and inserting the following new +paragraphs: + ``(1) For the Army, 485,900. + ``(2) For the Navy, 347,800. + ``(3) For the Marine Corps, 184,100. + ``(4) For the Air Force, 327,266. + ``(5) For the Space Force, 6,434.''. + +SEC. 403. MODIFICATION OF THE AUTHORIZED NUMBER AND ACCOUNTING METHOD + FOR SENIOR ENLISTED PERSONNEL. + + (a) In General.--Section 517 of title 10, United States Code, is +amended-- + (1) in the section heading, by striking ``daily average'' + and inserting ``enlisted end strength''; and + (2) in subsection (a)-- + (A) by striking ``daily average number of'' and + inserting ``end strength for''; + (B) by striking ``in a fiscal year'' and inserting + ``as of the last day of a fiscal year''; + (C) by striking ``2.5 percent'' and inserting ``3.0 + percent''; and + (D) by striking ``on the first day of that fiscal + year''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 31 of such title is amended by striking the item relating to +section 517 and inserting the following new item: + +``517. Authorized enlisted end strength: members in pay grades E-8 and + E-9.''. + + Subtitle B--Reserve Forces + +SEC. 411. END STRENGTHS FOR SELECTED RESERVE. + + (a) In General.--The Armed Forces are authorized strengths for +Selected Reserve personnel of the reserve components as of September +30, 2021, as follows: + (1) The Army National Guard of the United States, 336,500. + (2) The Army Reserve, 189,800. + (3) The Navy Reserve, 58,800. + (4) The Marine Corps Reserve, 38,500. + (5) The Air National Guard of the United States, 108,100. + (6) The Air Force Reserve, 70,300. + (7) The Coast Guard Reserve, 7,000. + (b) End Strength Reductions.--The end strengths prescribed by +subsection (a) for the Selected Reserve of any reserve component shall +be proportionately reduced by-- + (1) the total authorized strength of units organized to + serve as units of the Selected Reserve of such component which + are on active duty (other than for training) at the end of the + fiscal year; and + (2) the total number of individual members not in units + organized to serve as units of the Selected Reserve of such + component who are on active duty (other than for training or + for unsatisfactory participation in training) without their + consent at the end of the fiscal year. + (c) End Strength Increases.--Whenever units or individual members +of the Selected Reserve of any reserve component are released from +active duty during any fiscal year, the end strength prescribed for +such fiscal year for the Selected Reserve of such reserve component +shall be increased proportionately by the total authorized strengths of +such units and by the total number of such individual members. + +SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE + RESERVES. + + Within the end strengths prescribed in section 411(a), the reserve +components of the Armed Forces are authorized, as of September 30, +2021, the following number of Reserves to be serving on full-time +active duty or full-time duty, in the case of members of the National +Guard, for the purpose of organizing, administering, recruiting, +instructing, or training the reserve components: + (1) The Army National Guard of the United States, 30,595. + (2) The Army Reserve, 16,511. + (3) The Navy Reserve, 10,215. + (4) The Marine Corps Reserve, 2,386. + (5) The Air National Guard of the United States, 25,333. + (6) The Air Force Reserve, 5,256. + +SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). + + The minimum number of military technicians (dual status) as of the +last day of fiscal year 2021 for the reserve components of the Army and +the Air Force (notwithstanding section 129 of title 10, United States +Code) shall be the following: + (1) For the Army National Guard of the United States, + 22,294. + (2) For the Army Reserve, 6,492. + (3) For the Air National Guard of the United States, + 10,994. + (4) For the Air Force Reserve, 7,947. + +SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON + ACTIVE DUTY FOR OPERATIONAL SUPPORT. + + During fiscal year 2021, the maximum number of members of the +reserve components of the Armed Forces who may be serving at any time +on full-time operational support duty under section 115(b) of title 10, +United States Code, is the following: + (1) The Army National Guard of the United States, 17,000. + (2) The Army Reserve, 13,000. + (3) The Navy Reserve, 6,200. + (4) The Marine Corps Reserve, 3,000. + (5) The Air National Guard of the United States, 16,000. + (6) The Air Force Reserve, 14,000. + + Subtitle C--Authorization of Appropriations + +SEC. 421. MILITARY PERSONNEL. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal year 2021 for the use of the Armed Forces +and other activities and agencies of the Department of Defense for +expenses, not otherwise provided for, for military personnel, as +specified in the funding table in section 4401. + (b) Construction of Authorization.--The authorization of +appropriations in the subsection (a) supersedes any other authorization +of appropriations (definite or indefinite) for such purpose for fiscal +year 2021. + + TITLE V--MILITARY PERSONNEL POLICY + + Subtitle A--Officer Personnel Policy + +SEC. 501. AUTHORIZED STRENGTH: EXCLUSION OF CERTAIN GENERAL AND FLAG + OFFICERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY. + + Section 526a of title 10, United States Code, is amended-- + (1) by redesignating subsections (c) through (h) as + subsections (d) through (i), respectively; and + (2) by inserting after subsection (b) the following new + subsection (c): + ``(c) Exclusion of Certain Officers of the Reserve Components.--The +limitations of this section do not apply to the following: + ``(1) A general or flag officer of a reserve component who + is on active duty-- + ``(A) for training; or + ``(B) under a call or order specifying a period of + less than 180 days. + ``(2)(A) A general or flag officer of a reserve component + who is authorized by the Secretary of the military department + concerned to serve on active duty for a period of at least 180 + days and not longer than 365 days. + ``(B) The Secretary of the military department concerned + may authorize a number, determined under subparagraph (C), of + officers in the reserve component of each armed force under the + jurisdiction of that Secretary to serve as described in + subparagraph (A). + ``(C) Each number described in subparagraph (B) may not + exceed 10 percent of the number of general or flag officers, as + the case may be, authorized to serve in the armed force + concerned under section 12004 of this title. In determining a + number under this subparagraph, any fraction shall be rounded + down to the next whole number that is greater than zero. + ``(3)(A) A general or flag officer of a reserve component + who is on active duty for a period longer than 365 days and not + longer than three years. + ``(B) The number of officers described in subparagraph (A) + who do not serve in a position that is a joint duty assignment + for purposes of chapter 38 of this title may not exceed five + per armed force, unless authorized by the Secretary of + Defense.''. + +SEC. 502. DIVERSITY IN SELECTION BOARDS. + + (a) Requirement for Diverse Membership of Active Duty Selection +Boards.-- + (1) Officers.--Section 612(a)(1) of title 10, United States + Code, is amended by adding at the end the following new + sentence: ``The members of a selection board shall represent + the diversity of the armed forces to the extent practicable.''. + (2) Warrant officers.--Section 573(b) of title 10, United + States Code, is amended by adding at the end the following new + sentence: ``The members of a selection board shall represent + the diversity of the armed forces to the extent practicable.''. + (b) Requirement for Diverse Membership of Reserve Components +Selection Boards.--Section 14102(b) of title 10, United States Code, is +amended by adding at the end the following new sentence: ``The members +of a selection board shall represent the diversity of the armed forces +to the extent practicable.''. + (c) Other Selection Boards.-- + (1) In general.--The Secretary of Defense shall ensure that + the members of each selection board described in paragraph (2) + represent the diversity of the armed forces to the extent + practicable. + (2) Selection board described.--A selection board described + in this paragraph (1) is any selection board used with respect + to the promotion, education, or command assignments of members + of the Armed Forces that is not covered by the amendments made + by this section. + +SEC. 503. REDACTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM RECORDS + FURNISHED TO A PROMOTION BOARD. + + (a) Active-Duty Officers.--Section 615(b) of title 10, United +States Code, is amended-- + (1) by redesignating paragraphs (1) through (6) as + subparagraphs (A) through (F), respectively; + (2) in the matter preceding subparagraph (A), as + redesignated, by inserting ``(1)'' before ``The Secretary''; + (3) in subparagraph (C), as redesignated, by striking + ``whose name is furnished to the board'' and inserting ``under + consideration by the board for promotion''; + (4) by striking subparagraph (B), as redesignated, and + redesignating subparagraphs (C) through (F) as subparagraphs + (B) through (E), respectively; and + (5) by adding at the end the following new paragraph: + ``(2) The Secretary of the military department concerned shall +redact any personally identifiable information from the information +furnished to a selection board under this section.''. + (b) Reserve Officers.--Section 14107(b) of title 10, United States +Code, is amended-- + (1) by redesignating paragraphs (1) through (5) as + subparagraphs (A) through (E), respectively; + (2) in the matter preceding subparagraph (A), as + redesignated, by inserting ``(1)'' before ``The Secretary''; + (3) in subparagraph (C), as redesignated, by striking + ``whose name is furnished to the board'' and inserting ``under + consideration by the board for promotion''; + (4) by striking subparagraph (B), as redesignated, and + redesignating subparagraphs (C) through (E) as subparagraphs + (B) through (D), respectively; and + (5) by adding at the end the following new paragraph: + ``(2) The Secretary of the military department concerned shall +redact any personally identifiable information from the information +furnished to a promotion board under this section.''. + (c) Enlisted Members.--Each Secretary of a military department +shall prescribe regulations that require the redaction of any +personally identifiable information from the information furnished to a +board that considers for promotion an enlisted member of an Armed Force +under the jurisdiction of that Secretary. + +SEC. 504. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED CONSTRUCTIVE + SERVICE CREDIT IN A PARTICULAR CAREER FIELD UPON ORIGINAL + APPOINTMENT AS A COMMISSIONED OFFICER. + + (a) Regular Officers.--Subparagraph (D) of section 533(b)(1) of +title 10, United States Code, is amended to read as follows: + ``(D) Additional credit as follows: + ``(i) For special training or experience in a + particular officer field as designated by the Secretary + concerned, if such training or experience is directly + related to the operational needs of the armed force + concerned. + ``(ii) During fiscal years 2021 through 2025, for + advanced education in an officer field so designated, + if such education is directly related to the + operational needs of the armed force concerned.''. + (b) Reserve Officers.--Section 12207(b)(1) of such title is +amended-- + (1) in the matter preceding subparagraph (A), ``or a + designation in'' and all that follows through ``education or + training,'' and inserting ``and who has special training or + experience, or advanced education (if applicable),''; and + (2) by striking subparagraph (D) and inserting the + following new subparagraph: + ``(D) Additional credit as follows: + ``(i) For special training or experience in a + particular officer field as designated by the Secretary + concerned, if such training or experience is directly + related to the operational needs of the armed force + concerned. + ``(ii) During fiscal years 2021 through 2025, for + advanced education in an officer field so designated, + if such education is directly related to the + operational needs of the armed force concerned.''. + (c) Annual Report.-- + (1) In general.--Not later than February 1, 2022, and every + 4 years thereafter, each Secretary of a military department + shall submit to the Committees on Armed Services of the Senate + and the House of Representatives a report on the use of the + authorities in subparagraph (D) of section 553(b)(1) of title + 10, United States Code (as amended by subsection (a)), and + subparagraph (D) of section 12207(b)(1) of such title (as + amended by subsection (b)) (each referred to in this subsection + as a ``constructive credit authority'') during the preceding + fiscal year for the Armed Forces under the jurisdiction of such + Secretary. + (2) Elements.--Each report under paragraph (1) shall + include, for the fiscal year and Armed Forces covered by such + report, the following: + (A) The manner in which constructive service credit + was calculated under each constructive credit + authority. + (B) The number of officers credited constructive + service credit under each constructive credit + authority. + (C) A description and assessment of the utility of + the constructive credit authorities in meeting the + operational needs of the Armed Force concerned. + (D) Such other matters in connection with the + constructive credit authorities as the Secretary of the + military department concerned considers appropriate. + +SEC. 505. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS. + + Section 509 of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 10 U.S.C. 503 note) is amended-- + (1) by striking ``pilot'' each place it appears; and + (2) by striking subsections (d) and (e). + + Subtitle B--Reserve Component Management + +SEC. 511. GRANTS TO SUPPORT STEM EDUCATION IN THE JUNIOR RESERVE + OFFICERS' TRAINING CORPS. + + (a) Program Authority.-- + (1) In general.--Chapter 102 of title 10, United States + Code, is amended by adding at the end the following new + section: +``Sec. 2036. Grants to support science, technology, engineering, and + mathematics education + ``(a) Authority.--The Secretary, in consultation with the Secretary +of Education, may carry out a program to make grants to eligible +entities to assist such entities in providing education in covered +subjects to students in the Junior Reserve Officers' Training Corps. + ``(b) Coordination.--In carrying out a program under subsection +(a), the Secretary may coordinate with the following: + ``(1) The Secretaries of the military departments. + ``(2) The Secretary of Education. + ``(3) The Director of the National Science Foundation. + ``(4) The Administrator of the National Aeronautics and + Space Administration. + ``(5) The heads of such other Federal, State, and local + government entities the Secretary of Defense determines to be + appropriate. + ``(6) Private sector organizations as the Secretary of + Defense determines appropriate. + ``(c) Activities.--Activities funded with grants under this section +may include the following: + ``(1) Training and other support for instructors to teach + courses in covered subjects to students. + ``(2) The acquisition of materials, hardware, and software + necessary for the instruction of covered subjects. + ``(3) Activities that improve the quality of educational + materials, training opportunities, and curricula available to + students and instructors in covered subjects. + ``(4) Development of travel opportunities, demonstrations, + mentoring programs, and informal education in covered subjects + for students and instructors. + ``(5) Students' pursuit of certifications in covered + subjects. + ``(d) Preference.--In making any grants under this section, the +Secretary shall give preference to eligible entities that are eligible +for assistance under part A of title I of the Elementary and Secondary +Education Act of 1965 (20 U.S.C. 6311 et seq.). + ``(e) Evaluations.--In carrying out a program under this section, +the Secretary shall establish outcome-based metrics and internal and +external assessments to evaluate the merits and benefits of the +activities funded with grants under this section with respect to the +needs of the Department of Defense. + ``(f) Authorities.--In carrying out a program under this section, +the Secretary shall, to the extent practicable, make use of the +authorities under chapter 111 and sections 2601 and 2605 of this title, +and other authorities the Secretary determines appropriate. + ``(g) Definitions.--In this section: + ``(1) The term `eligible entity' means a local education + agency that hosts a unit of the Junior Reserve Officers' + Training Corps. + ``(2) The term `covered subjects' means-- + ``(A) science; + ``(B) technology; + ``(C) engineering; + ``(D) mathematics; + ``(E) computer science; + ``(F) computational thinking; + ``(G) artificial intelligence; + ``(H) machine learning; + ``(I) data science; + ``(J) cybersecurity; + ``(K) robotics; + ``(L) health sciences; and + ``(M) other subjects determined by the Secretary of + Defense to be related to science, technology, + engineering, and mathematics.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 102 of such title is amended by adding at + the end the following new item: + +``2036. Grants to support science, technology, engineering, and + mathematics education.''. + (b) Report.-- + (1) In general.--Not later than 2 years after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a report on any + activities carried out under section 2036 of title 10, United + States Code (as added by subsection (a)). + (2) Congressional defense committees defined.--In this + subsection, the term ``congressional defense committees'' has + the meaning given that term in section 101(a)(16) of title 10, + United States Code. + +SEC. 512. MODIFICATION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS + OF SELECTED RESERVE. + + (a) Modification of Maximum Repayment Amount.--Section 16301(b) of +title 10, United States Code, is amended by striking ``15 percent or +$500'' and inserting ``20 percent or $1,000''. + (b) Effective Date and Applicability.--The amendment made by +subsection (a) shall take effect on the date of the enactment of this +Act and shall apply with respect to loan repayment under section 16301 +of title 10, United States Code, for eligible years of service +completed on or after the date of the enactment of this Act. + +SEC. 513. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE OFFICER FOR + CERTAIN FULL-TIME NATIONAL GUARD DUTY PERFORMED IN A + STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA. + + Section 502(f)(2)(A) of title 32, United States Code, is amended by +inserting ``and performed inside the United States with the consent of +the chief executive officer of the State (as that term is defined in +section 901 of this title)'' after ``Defense''. + +SEC. 514. CONSTRUCTIVE CREDIT FOR CERTAIN MEMBERS OF THE RESERVE + COMPONENTS WHO CANNOT COMPLETE MINIMUM ANNUAL TRAINING + REQUIREMENTS AS A RESULT OF THE COVID-19 PANDEMIC. + + (a) Authority.--Under regulations prescribed by the Secretary of +Defense, the Secretary, in computing retired pay pursuant to section +12733 of title 10, United States Code, may approve constructive credit, +in addition to points earned under section 12732(a)(2) of such title, +for a member of the reserve components of the Armed Forces who cannot +complete minimum annual training requirements due to cancellation or +other extenuating circumstance arising from the covered national +emergency. + (b) Reporting.-- + (1) Report required.--Not later than 1 year after the date + on which the covered national emergency ends, the Secretary of + Defense shall submit to the congressional defense committees a + report on the use of the authority under subsection (a). + (2) Elements.--The report under this subsection shall + include, with respect to each reserve component, the following: + (A) The number of individuals granted constructive + credit as a result of a training cancellation. + (B) The number of individuals granted constructive + credit as a result of another extenuating circumstance. + (C) Recommendations of the Secretary whether the + authority under subsection (a) should be made permanent + and under what circumstances such permanent authority + should apply. + (3) Publication.--Not later than 30 days after submitting + the report under paragraph (1), the Secretary shall-- + (A) publish the report on a publicly accessible + website of the Department of Defense; and + (B) ensure that any data in the report is made + available in a machine-readable format that is + downloadable, searchable, and sortable. + (c) Covered National Emergency Defined.--In this section, the term +``covered national emergency'' means the national emergency declared on +March 13, 2020, by the President under the National Emergencies Act (50 +U.S.C. 1601 et seq.) with respect to COVID-19. + +SEC. 515. GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL + GUARD. + + (a) New Guidance.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall issue new +guidance that provides for the expedited review of requests for the use +of unmanned aircraft systems by the National Guard for covered +activities within the United States. + (b) Covered Activities Defined.--In this section, ``covered +activities'' means the following: + (1) Emergency operations. + (2) Search and rescue operations. + (3) Defense support to civil authorities. + (4) Support under section 502(f) of title 32, United States + Code. + +SEC. 516. DIRECT EMPLOYMENT PILOT PROGRAM FOR CERTAIN MEMBERS OF THE + RESERVE COMPONENTS. + + (a) In General.--The Secretary of Defense may carry out a pilot +program to enhance the efforts of the Department of Defense to provide +job placement assistance and related employment services directly to +members of the National Guard and Reserves in reserve active-status. + (b) Administration.--Any such pilot program shall be offered to, +and administered by, the adjutants general appointed under section 314 +of title 32, United States Code, or other officials in the States +concerned designated by the Secretary for purposes of the pilot +program. + (c) Cost-Sharing Requirement.--As a condition on the provision of +funds under this section to a State to support the operation of the +pilot program in that State, the State must agree to contribute an +amount, derived from non-Federal sources, equal to at least 50 percent +of the funds provided by the Secretary to the State under this section. + (d) Development.--In developing any such pilot program, the +Secretary shall-- + (1) incorporate elements of State direct employment + programs for members of the reserve components; and + (2) use resources provided to members of the Armed Forces + with civilian training opportunities through the SkillBridge + transition training program administered by the Department of + Defense. + (e) Direct Employment Program Model.--Any such pilot program shall +use a job placement program model that focuses on working one-on-one +with eligible members to cost-effectively provide job placement +services, including-- + (1) identifying unemployed and underemployed individuals; + (2) job matching services; + (3) resume editing; + (4) interview preparation; and + (5) post-employment follow up. + (f) Evaluation.--The Secretary shall develop outcome metrics to +evaluate the success of any such pilot program. + (g) Reporting.-- + (1) Report required.--If the Secretary carries out the + pilot Program, the Secretary of Defense shall submit to the + congressional defense committees a report describing the + results of the pilot program not later than March 1, 2022. The + Secretary shall prepare the report in coordination with the + Chief of the National Guard Bureau. + (2) Elements.--A report under paragraph (1) shall include + the following: + (A) A description and assessment of the + effectiveness and achievements of the pilot program, + including the number of members of the reserve + components of the Armed Forces hired and the cost-per- + placement of participating members. + (B) An assessment of the effects of the pilot + program and increased reserve component employment on + the readiness of members of the reserve components and + on the retention of members. + (C) A comparison of the pilot program to other + programs conducted by the Department of Defense to + provide unemployment or underemployment support to + members of the reserve components of the Armed Forces, + including the best practices developed through and used + in such programs. + (D) Any other matters the Secretary of Defense + determines appropriate. + (h) Duration; Extension.-- + (1) Subject to paragraph (2), the authority to carry out + the pilot program expires on September 30, 2024. + (2) The Secretary may elect to extend the pilot program for + not more than two additional fiscal years. + +SEC. 517. TEMPORARY LIMITATION ON AUTHORITY TO TRANSFER, RELOCATE, OR + DISSOLVE ELEMENTS OF THE RESERVE COMPONENTS OF THE AIR + FORCE. + + (a) Limitation.--The Secretary of the Air Force may not transfer or +relocate any personnel or asset, or dissolve any unit, of the Air +National Guard or Air Force Reserve until the latter of the following +occurs: + (1) The day that is 180 days after the date on which the + Secretary of the Air Force submits the report under subsection + (b). + (2) The Chief of Space Operations certifies in writing to + the Secretary of the Air Force that plans of the Secretary to + establish the reserve components of the Space Force shall not + diminish space capability of the Department of the Air Force. + (b) Report Required.--Not later than January 31, 2021, the +Secretary of the Air Force shall submit to the Committees on Armed +Services of the Senate and House of Representatives a report regarding +the plan of the Secretary to establish the reserve components of the +Space Force. The report shall identify the following: + (1) The assumptions and factors used to develop the plan. + (2) The members of the team that issued recommendations + regarding the organization of such reserve components. + (3) The recommendations of the Secretary regarding the + mission, organization, and unit retention of such reserve + components. + (4) The final organizational and integration + recommendations regarding such reserve components. + (5) The proposed staffing and operational organization for + such reserve components. + (6) The estimated date of implementation of the plan. + (7) Any savings or costs arising from the preservation of + existing space-related force structures in the Air National + Guard. + +SEC. 518. PILOT PROGRAMS IN CONNECTION WITH SROTC UNITS AND CSPI + PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES + AND MINORITY INSTITUTIONS. + + (a) Pilot Programs Required.--The Secretary of Defense may carry +out two pilot programs as follows: + (1) A pilot program, with elements as provided for in + subsection (c), at covered institutions in order to assess the + feasibility and advisability of mechanisms to reduce barriers + to participation in the Senior Reserve Officers' Training Corps + at such institutions by creating partnerships between satellite + or extension Senior Reserve Officers' Training Corps units at + such institutions and military installations. + (2) In consultation with the Secretary of Homeland + Security, a pilot program, with elements as provided for in + subsection (d), in order to assess the feasibility and + advisability of the provision of financial assistance to + members of the Senior Reserve Officers' Training Corps, and + members of the Coast Guard College Student Pre-Commissioning + Initiative, at covered institutions for participation in flight + training. + (b) Duration.--The duration of each pilot program under subsection +(a) may not exceed 5 years. + (c) Pilot Program on Partnerships Between Satellite or Extension +SROTC Units and Military Installations.-- + (1) Participating institutions.--The Secretary of Defense + shall carry out the pilot program required by subsection (a)(1) + at not fewer than five covered institutions selected by the + Secretary for purposes of the pilot program. + (2) Requirements for selection.--Each covered institution + selected by the Secretary for purposes of the pilot program + under subsection (a)(1) shall-- + (A) currently maintain a satellite or extension + Senior Reserve Officers' Training Corps unit under + chapter 103 of title 10, United States Code, that is + located more than 20 miles from the host unit of such + unit; or + (B) establish and maintain a satellite or extension + Senior Reserve Officers' Training Corps unit that meets + the requirements in subparagraph (A). + (3) Preference in selection of institutions.--In selecting + covered institutions under this subsection for participation in + the pilot program under subsection (a)(1), the Secretary shall + give preference to covered institutions that are located within + 20 miles of a military installation of the same Armed Force as + the host unit of the Senior Reserve Officers' Training Corps of + the covered institution concerned. + (4) Partnership activities.--The activities conducted under + the pilot program under subsection (a)(1) between a satellite + or extension Senior Reserve Officers' Training Corps unit and + the military installation concerned shall include such + activities designed to reduce barriers to participation in the + Senior Reserve Officers' Training Corps at the covered + institution concerned as the Secretary considers appropriate, + including measures to mitigate travel time and expenses in + connection with receipt of Senior Reserve Officers' Training + Corps instruction. + (d) Pilot Program on Financial Assistance for SROTC and CSPI +Members for Flight Training.-- + (1) Eligibility for participation by srotc and cspi + members.--A member of a Senior Reserve Officers' Training Corps + unit, or a member of a Coast Guard College Student Pre- + Commissioning Initiative program, at a covered institution may + participate in the pilot program under subsection (a)(2) if the + member meets such academic requirements at the covered + institution, and such other requirements, as the Secretary + shall establish for purposes of the pilot program. + (2) Preference in selection of participants.--In selecting + members under this subsection for participation in the pilot + program under subsection (a)(2), the Secretary shall give a + preference to members who will pursue flight training under the + pilot program at a covered institution. + (3) Financial assistance for flight training.-- + (A) In general.--The Secretary may provide any + member of a Senior Reserve Officers' Training Corps + unit or a College Student Pre-Commissioning Initiative + program who participates in the pilot program under + subsection (a)(2) financial assistance to defray, + whether in whole or in part, the charges and fees + imposed on the member for flight training. + (B) Flight training.--Financial assistance may be + used under subparagraph (A) for a course of flight + training only if the course meets Federal Aviation + Administration standards and is approved by the Federal + Aviation Administration and the applicable State + approving agency. + (C) Use.--Financial assistance received by a member + under subparagraph (A) may be used only to defray the + charges and fees imposed on the member as described in + that subparagraph. + (D) Cessation of eligibility.--Financial assistance + may not be provided to a member under subparagraph (A) + as follows: + (i) If the member ceases to meet the + academic and other requirements established + pursuant to paragraph (1). + (ii) If the member ceases to be a member of + the Senior Reserve Officers' Training Corps or + the College Student Pre-Commissioning + Initiative, as applicable. + (e) Evaluation Metrics.--The Secretary of Defense shall establish +metrics to evaluate the effectiveness of the pilot programs under +subsection (a). + (f) Reports.-- + (1) Initial report.--Not later than 180 days after the + commencement of the pilot programs under subsection (a), the + Secretary of Defense shall submit to the Committees on Armed + Services of the Senate and the House of Representatives a + report on the pilot programs. The report shall include the + following: + (A) A description of each pilot program, including + in the case of the pilot program under subsection + (a)(2) the requirements established pursuant to + subsection (d)(1). + (B) The evaluation metrics established under + subsection (e). + (C) Such other matters relating to the pilot + programs as the Secretary considers appropriate. + (2) Annual report.--Not later than 90 days after the end of + each fiscal year in which the Secretary carries out the pilot + programs, the Secretary shall submit to the Committees on Armed + Services of the Senate and the House of Representatives a + report on the pilot programs during such fiscal year. Each + report shall include, for the fiscal year covered by such + report, the following: + (A) In the case of the pilot program required by + subsection (a)(1), a description of the partnerships + between satellite or extension Senior Reserve Officers' + Training Corps units and military installations under + the pilot program. + (B) In the case of the pilot program required by + subsection (a)(2), the following: + (i) The number of members of Senior Reserve + Officers' Training Corps units, and the number + of members of Coast Guard College Student Pre- + Commissioning Initiative programs, at covered + institutions selected for purposes of the pilot + program, including the number of such members + participating in the pilot program. + (ii) The number of recipients of financial + assistance provided under the pilot program, + including the number who-- + (I) completed a ground school + course of instruction in connection + with obtaining a private pilot's + certificate; + (II) completed flight training, and + the type of training, certificate, or + both received; + (III) were selected for a pilot + training slot in the Armed Forces; + (IV) initiated pilot training in + the Armed Forces; or + (V) successfully completed pilot + training in the Armed Forces. + (iii) The amount of financial assistance + provided under the pilot program, broken out by + covered institution, course of study, and such + other measures as the Secretary considers + appropriate. + (C) Data collected in accordance with the + evaluation metrics established under subsection (e). + (3) Final report.--Not later than 180 days prior to the + completion of the pilot programs, the Secretary shall submit to + the Committees on Armed Services of the Senate and the House of + Representatives a report on the pilot programs. The report + shall include the following: + (A) A description of the pilot programs. + (B) An assessment of the effectiveness of each + pilot program. + (C) A description of the cost of each pilot + program, and an estimate of the cost of making each + pilot program permanent. + (D) An estimate of the cost of expanding each pilot + program throughout all eligible Senior Reserve + Officers' Training Corps units and College Student Pre- + Commissioning Initiative programs. + (E) Such recommendations for legislative or + administrative action as the Secretary considers + appropriate in light of the pilot programs, including + recommendations for extending or making permanent the + authority for each pilot program. + (g) Definitions.--In this section: + (1) The term ``covered institution'' has the meaning given + that term in section 262(g)(2) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92). + (2) The term ``flight training'' means a course of + instruction toward obtaining any of the following: + (A) A private pilot's certificate. + (B) A commercial pilot certificate. + (C) A certified flight instructor certificate. + (D) A multi-crew pilot's license. + (E) A flight instrument rating. + (F) Any other certificate, rating, or pilot + privilege the Secretary considers appropriate for + purposes of this section. + (3) The term ``military installation'' means an + installation of the Department of Defense for the regular + components of the Armed Forces. + +SEC. 519. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY IN RESPONSE TO + THE COVID-19 PANDEMIC. + + (a) Report Required.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report regarding how the Secretary +determined whether to authorize full-time National Guard duty in +response to the covered national emergency. + (b) Elements.--The report under this section shall include the +following: + (1) The number of requests described in subsection (a). + (2) The number of such requests approved and the number of + requests denied. + (3) For each such request-- + (A) the time elapsed from receipt of request to + disposition of request; and + (B) whether costs (including pay and benefits for + members of the National Guard) were a factor in + determining whether to grant or deny the request. + (4) For each such request approved, the time elapsed from + approval to when the first such member of the National Guard + was placed on full-time National Guard duty in response to such + request. + (5) For each such request denied, the reason for denial and + how such denial was explained to the requestor. + (6) A description of how the process of review for such + requests differed from previous requests for full-time National + Guard duty under section 502(f) of title 32, United States + Code. + (7) Recommendations of the Secretary to improve the review + of such requests in order to better respond to such requests. + (c) Definitions.--In this section: + (1) The term ``covered national emergency'' means the + national emergency declared on March 13, 2020, by the President + under the National Emergencies Act (50 U.S.C. 1601 et seq.) + with respect to COVID-19. + (2) The term ``full-time National Guard duty'' has the + meaning given that term in section 101 of title 10, United + States Code. + +SEC. 520. STUDY AND REPORT ON ROTC RECRUITMENT. + + (a) Study.--The Secretary of Defense shall conduct a study that +assesses-- + (1) the efforts of the Department of Defense to recruit + individuals to serve in the Junior Reserve Officers' Training + Corps and the Senior Reserve Officers' Training Corps over the + period of 10 years preceding the date of the study; + (2) whether members of the Armed Forces who served in the + Junior Reserve Officers' Training Corps are more or less likely + than members who served in the Senior Reserve Officers' + Training Corps to achieve or receive recommendations for higher + ranks; + (3) whether there is a correlation between race or + ethnicity and the rank ultimately achieved by such members; and + (4) the feasibility of establishing a program to create a + pathway for minorities into higher ranks within the military. + (b) Report.--Not later than December 31, 2022, the Secretary of +Defense shall submit to the congressional defense committee a report on +the results of the study conducted under subsection (a). + +SEC. 520A. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF THE + NATIONAL GUARD SERVING UNDER ORDERS IN RESPONSE TO THE + CORONAVIRUS (COVID-19). + + (a) In General.--The Secretary of Defense shall provide to a member +of the National Guard separating from active service after serving on +full-time National Guard duty pursuant to section 502(f) of title 32, +United States Code, the health benefits authorized under section 1145 +of title 10, United States Code, for a member of a reserve component +separating from active duty, as referred to in subsection (a)(2)(B) of +such section 1145, if the active service from which the member of the +National Guard is separating was in support of the whole of government +response to the coronavirus (COVID-19). + (b) Definitions.--In this section, the terms ``active duty'', +``active service'', and ``full-time National Guard duty'' have the +meanings given those terms in section 101(d) of title 10, United States +Code. + +SEC. 520B. QUARANTINE HOUSING FOR MEMBERS OF THE NATIONAL GUARD WHO + PERFORM CERTAIN DUTY IN RESPONSE TO THE COVID-19 + EMERGENCY. + + (a) In General.--The Secretary of Defense shall provide, to a +member of the National Guard who performs a period of covered duty, +housing for not fewer than 14 days immediately after the end of such +period of covered duty. + (b) Definitions.--In this section: + (1) The term ``covered duty'' means full-time National + Guard duty performed in response to the covered national + emergency. + (2) The term ``covered national emergency'' means the + national emergency declared on March 13, 2020, by the President + under the National Emergencies Act (50 U.S.C. 1601 et seq.) + with respect to COVID-19. + (3) The term ``full-time National Guard duty'' has the + meaning given that term in section 101 of title 10, United + States Code. + +SEC. 520C. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS. + + (a) In General.--Section 502(f) of title 32, United States Code, is +amended-- + (1) in paragraph (2), by adding at the end the following: + ``(C) Operations or missions authorized by the President or + the Secretary of Defense to support large scale, complex, + catastrophic disasters, as defined by section 311(3) of title + 6, United States Code, at the request of a State governor.''; + and + (2) by adding at the end the following: + ``(4) With respect to operations or missions described + under paragraph (2)(C), there is authorized to be appropriated + to the Secretary of Defense such sums as may be necessary to + carry out such operations and missions, but only if-- + ``(A) an emergency has been declared by the + governor of the applicable State; and + ``(B) the President has declared the emergency to + be a major disaster for the purposes of the Robert T. + Stafford Disaster Relief and Emergency Assistance + Act.''. + (b) Report on Methods To Enhance Domestic Response to Large Scale, +Complex and Catastrophic Disasters.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense, in + consultation and coordination with the Federal Emergency + Management Agency, the National Security Council, the Council + of Governors, and the National Governors Association, shall + submit to the congressional defense, the Committees on + Transportation and Infrastructure and Homeland Security of the + House of Representatives, and the Committee on Homeland + Security and Governmental Affairs of the Senate a report on + their plan to establish policy and processes to implement the + authority provided by the amendments made by section 520. The + report shall include a detailed examination of the policy + framework consistent with existing authorities, identify major + statutory or policy impediments to implementation, and make + recommendations for legislation as appropriate. + (2) Contents.--The report submitted under paragraph (1) + shall include a description of-- + (A) the current policy and processes whereby + governors can request activation of the National Guard + under title 32, United States Code, as part of the + response to large scale, complex, catastrophic + disasters that are supported by the Federal Government + and, if no formal process exists in policy, the + Secretary of Defense shall provide a timeline and plan + to establish such a policy, including consultation with + the Council of Governors and the National Governors + Association; + (B) the Secretary of Defense's assessment, informed + by consultation with the Federal Emergency Management + Agency, the National Security Council, the Council of + Governors, and the National Governors Association, + regarding the sufficiency of current authorities for + the reimbursement of National Guard and Reserve + manpower during large scale, complex, catastrophic + disasters under title 10 and title 32, United States + Code, and specifically whether reimbursement + authorities are sufficient to ensure that military + training and readiness are not degraded to fund + disaster response, or invoking them degrades the + effectiveness of the Disaster Relief Fund; + (C) the Department of Defense's plan to ensure + there is parallel and consistent policy in the + application of the authorities granted under section + 12304a of title 10, United States Code, and section + 502(f) of title 32, United States Code, including-- + (i) a description of the disparities + between benefits and protections under Federal + law versus State active duty; + (ii) recommended solutions to achieve + parity at the Federal level; and + (iii) recommended changes at the State + level, if appropriate; + (D) the Department of Defense's plan to ensure + there is parity of benefits and protections for + military members employed as part of the response to + large scale, complex, catastrophic disasters under + title 32 or title 10, United States Code, and + recommendations for addressing shortfalls; and + (E) a review, by the Federal Emergency Management + Agency, of the current policy for, and an assessment of + the sufficiency of, reimbursement authority for the use + of all National Guard and Reserve, both to the + Department of Defense and to the States, during large + scale, complex, catastrophic disasters, including any + policy and legal limitations, and cost assessment + impact on Federal funding. + +SEC. 520D. AUTHORITY TO REINSTATE AND TRANSFER OFFICERS IN MEDICAL + SPECIALTIES IN THE RESERVE COMPONENTS OF THE ARMED FORCES + PREVIOUSLY RETIRED HONORABLY OR UNDER HONORABLE + CONDITIONS. + + (a) In General.--Section 14703(b) of title 10, United States Code, +is amended-- + (1) in paragraph (1), by striking ``paragraph (2)'' and + inserting ``paragraphs (2) and (3)''; and + (2) by adding at the end the following new paragraph: + ``(3) In the case of an officer in a medical specialty described in +subsection (a) who was previously retired honorably or under honorable +conditions beyond the date described in paragraph (1)-- + ``(A) if the Secretary concerned determines it necessary, + the Secretary concerned may, with the consent of the officer, + reinstate the officer to an active status for such period as + the Secretary concerned determines appropriate; or + ``(B) the officer may be transferred under section 716 of + this title to another armed force and reinstated to an active + status for such period as the Secretary concerned determines + appropriate.''. + (b) Clerical Amendments.-- + (1) Section heading.--The heading for section 14703 of + title 10, United States Code, is amended to read as follows: +``Sec. 14703. Retention of chaplains and officers in medical + specialties until specified age; retention, + reinstatement, and transfer of officers in medical + specialties beyond specified age''. + (2) Table of sections.--The table of sections at the + beginning of chapter 1409 of such title is amended by striking + the item relating to section 14703 and inserting the following + new item: + +``14703. Retention of chaplains and officers in medical specialties + until specified age; retention, + reinstatement, and transfer of officers in + medical specialties beyond specified + age.''. + +SEC. 520E. REPORT REGARDING NATIONAL GUARD YOUTH CHALLENGE PROGRAM. + + Not later than December 31, 2021, the Secretary of Defense shall +submit a report to the congressional defense committees regarding the +resources and authorities the Secretary determines necessary to +identify the effects of the National Guard Youth Challenge Program on +graduates of that program during the 5 years immediately preceding the +date of the report. Such resources shall include the costs of +identifying such effects beyond the 12-month, post-residential +mentoring period of that program. + +SEC. 520F. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR THE + RESERVE COMPONENTS. + + Section 10219 of title 10, United States Code, is amended by +striking subsection (h). + + Subtitle C--General Service Authorities and Correction of Military + Records + +SEC. 521. TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE DUTY + IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS DURING WAR OR + NATIONAL EMERGENCY. + + Section 688a of title 10, United States Code, is amended-- + (1) by redesignating subsection (g) as subsection (h); and + (2) by inserting after subsection (f) the following new + subsection: + ``(g) Exception During Period of War or National Emergency.--The +limitations in subsections (c) and (f) shall not apply during time of +war declared by Congress or of national emergency declared by the +President.''. + +SEC. 522. REENLISTMENT WAIVERS FOR PERSONS SEPARATED FROM THE ARMED + FORCES WHO COMMIT ONE MISDEMEANOR CANNABIS OFFENSE. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall prescribe +regulations that permit any Secretary of a military department to grant +a reenlistment waiver to a covered person if the Secretary determines +that the reenlistment of that covered person is vital to the national +interest. + (b) Definitions.--In this section: + (1) The term ``covered person'' means an individual-- + (A) who has been separated, discharged, dismissed, + or released from the Armed Forces; and + (B) who has admitted to or been convicted by a + court of competent jurisdiction of a single violation-- + (i) of any law of a State or the United + States relating to the use or possession of + cannabis; + (ii) that constitutes a misdemeanor; and + (iii) that occurred while that individual + was not performing active service. + (2) The terms ``active service'' and ``military + department'' have the meanings given such terms in section 101 + of title 10, United States Code. + +SEC. 523. REVIEW OF SEAMAN TO ADMIRAL-21 PROGRAM; CREDIT TOWARDS + RETIREMENT. + + (a) Review.--The Secretary of the Navy shall review personnel +records of all participants in the Seaman to Admiral-21 program during +fiscal years 2010 through 2014 to determine whether each participant +acknowledged, before entering a baccalaureate degree program, that +service during the baccalaureate degree program would not be included +when computing years of service for retirement. + (b) Credit.--For each participant described in subsection (a) for +whom the Secretary cannot find evidence of an acknowledgment described +in that subsection, the Secretary shall include service during the +baccalaureate degree program when computing-- + (1) years of service; and + (2) retired or retainer pay. + (c) Report Required.--The Secretary shall submit a report to the +Committees on Armed Services of the Senate and House of Representatives +regarding the results of the review under subsection (a) and the number +of participants credited with service under subsection (b). + (d) Deadline.--The Secretary of the Navy shall carry out this +section not later than 180 days after the date of the enactment of this +Act. + +SEC. 524. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS BASED + ON SEXUAL ORIENTATION OR GENDER IDENTITY. + + (a) Report Required.--Not later than September 30, 2021, the +Secretaries of Defense and Veterans Affairs shall jointly submit to +Congress a report regarding former members of the Armed Forces who-- + (1) were discharged or dismissed from the Armed Forces; + (2) have applied to either Secretary for an upgrade in the + characterization of discharge or dismissal; and + (3) allege in such applications that such discharges or + dismissals arose from a policy of the Department of Defense + regarding the sexual orientation or gender identity of a + member. + (b) Elements.--The report under this section shall include the +number of applications described in subsection (a) and the percentages +of such applications granted and denied, disaggregated by-- + (1) Armed Force; + (2) grade; + (3) race; + (4) ethnicity; + (5) gender; + (6) characterization of discharge or dismissal; and + (7) upgraded characterization of discharge or dismissal, if + applicable. + (c) Publication.--The Secretaries each shall publish the report +under this section on a publicly accessible website of the respective +department. + +SEC. 525. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL SOURCES OF + INFORMATION TO DETERMINE ELIGIBILITY OF MEMBERS AND + FORMER MEMBERS OF THE ARMED FORCES FOR DECORATIONS AND + BENEFITS WHEN THE SERVICE RECORDS ARE INCOMPLETE BECAUSE + OF DAMAGE TO THE OFFICIAL RECORD. + + Section 528 of National Defense Authorization Act for Fiscal Year +2020 (10 U.S.C. 1121 note; 133 Stat.1357) is amended-- + (1) in the section heading, by inserting ``and benefits'' + after ``decorations''; + (2) in subsection (a)-- + (A) by inserting ``and the Secretary of Veterans + Affairs'' after ``military departments''; and + (B) by inserting ``and benefits'' after + ``decorations''; + (3) by redesignating subsection (b) as subsection (c); and + (4) by inserting after subsection (a) the following new + subsection: + ``(b) Consultation.--The Secretary of Defense shall prepare the +guidelines in consultation with the Secretary of Veterans Affairs, with +respect to veterans benefits under title 38, United States Code, whose +eligibility determinations depend on the use of service records +maintained by the Department of Defense.''. + +SEC. 526. REPORT ON BAD PAPER. + + (a) Report Required.--Not later than September 1, 2021, the +Inspector General of the Department of Defense shall submit to the +Committees on Armed Services of the Senate and House of Representatives +a report regarding bad paper issued by the Department of Defense during +the 20 years preceding the date of the report. + (b) Elements.--The report shall include, with regards to members +who received bad paper, the following, if known: + (1) Sex. + (2) Age. + (3) Religion. + (4) Race. + (5) Ethnicity. + (6) Tribal affiliation. + (7) Sexual orientation. + (8) Reasons for discharge or dismissal. + (9) In a case of a bad conduct or medical discharge, + whether there is evidence the member suffered symptoms of + sexual trauma, including-- + (A) post-traumatic stress disorder; + (B) going absent without leave or on unauthorized + absence; + (C) inability to complete duties or carry out + orders; + (D) insubordination; + (E) substance abuse; + (F) or substance addiction; + (10) Whether the member had filed a complaint within the + chain of command regarding-- + (A) fraud, waste, or abuse of Federal funds; + (B) a violation of military or Federal law; + (C) a violation of the Uniform Code of Military + Justice; + (D) sexual assault; + (E) sexual harassment; + (F) sexual abuse; + (G) sexual trauma; or + (H) discrimination on the basis of sex, age, + religion, race, ethnicity, Tribal affiliation, or + sexual orientation. + (11) Armed Force. + (12) Any other information the Inspector General determines + appropriate. + (c) Interviews.--To prepare report under this section, the +Inspector General may interview veterans or other former members of the +Armed Forces. + (d) Bad Paper Defined.--In this section, ``bad paper'' means a +discharge or dismissal from the Armed Forces characterized as-- + (1) dishonorable; + (2) bad conduct; or + (3) other than honorable. + + Subtitle D--Military Justice and Other Legal Matters + +SEC. 531. PUNITIVE ARTICLE ON VIOLENT EXTREMISM. + + (a) Violent Extremism.-- + (1) In general.--Subchapter X of chapter 47 of title 10, + United States Code, is amended by inserting after section 916 + (article 116 of the Uniform Code of Military Justice) the + following new section (article): +``Sec. 916a. Art. 116a. Violent extremism + ``(a) Prohibition.--Any person subject to this chapter who-- + ``(1) knowingly commits a covered offense against-- + ``(A) the Government of the United States; or + ``(B) any person or class of people; + ``(2)(A) with the intent to intimidate or coerce any person + or class of people; or + ``(B) with the intent to influence, affect, or retaliate + against the policy or conduct of the Government of the United + States or any State; and + ``(3) does so-- + ``(A) to achieve political, ideological, religious, + social, or economic goals; or + ``(B) in the case of an act against a person or + class of people, for reasons relating to the race, + religion, color, ethnicity, sex, age, disability + status, national origin, sexual orientation, or gender + identity of the person or class of people concerned; +is guilty of violent extremism and shall be punished as a court-martial +may direct. + ``(b) Attempts, Solicitation, and Conspiracy.--Any person who +attempts, solicits, or conspires to commit an offense under this +section shall be punished in the same manner as a person who completes +the offense. + ``(c) Definitions.--In this section: + ``(1) Covered offense.--The term `covered offense' means-- + ``(A) loss, damage, destruction, or wrongful + disposition of military property of the United States, + in violation of section 908 of this title (article + 108); + ``(B) waste, spoilage, or destruction of property + other than military property of the United States, in + violation of section 909 of this title (article 109); + ``(C) communicating threats, in violation of + section 915 of this title (article 115); + ``(D) riot or breach of peace, in violation of + section 916 of this title (article 116); + ``(E) provoking speech or gestures, in violation of + section 917 of this title (article 117); + ``(F) murder, in violation of section 918 of this + title (article 118); + ``(G) manslaughter, in violation of section 919 of + this title (article 119); + ``(H) larceny or wrongful appropriation, in + violation of section 921 of this title (article 121); + ``(I) robbery, in violation of section 922 of this + title (article 122); + ``(J) kidnapping, in violation of section 925 of + this title (article 125); + ``(K) assault, in violation of section 928 of this + title (article 128); + ``(L) conspiracy to commit an offense specified in + any of subparagraphs (A) through (K), as punishable + under section 881 of this title (article 81); + ``(M) solicitation to commit an offense specified + in any of subparagraphs (A) through (K), as punishable + under section 882 of this title (article 82); or + ``(N) an attempt to commit an offense specified in + any of subparagraphs (A) through (K), as punishable + under section 880 of this title (article 80). + ``(2) State.--The term `State' includes any State of the + United States, the District of Columbia, the Commonwealth of + Puerto Rico, and any other possession or territory of the + United States.''. + (2) Clerical amendment.--The table of sections at the + beginning of such subchapter is amended by inserting after the + item relating to section 916 (article 116) the following new + item: + +``916a. 116a. Violent extremism.''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on the date of the enactment of this Act and shall apply to +offenses committed on or after such date. + +SEC. 532. PRESERVATION OF COURT-MARTIAL RECORDS. + + Section 940a of title 10, United States Code (article 140a of the +Uniform Code of Military Justice), is amended by adding at the end the +following new subsection: + ``(d) Preservation of Court-Martial Records Without Regard to +Outcome.--The standards and criteria prescribed by the Secretary of +Defense under subsection (a) shall provide for the preservation of +general and special court-martial records, without regard to the +outcome of the proceeding concerned, for not fewer than 15 years.''. + +SEC. 533. ELECTRONIC NOTARIZATION FOR MEMBERS OF THE ARMED FORCES. + + Section 1044a of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(e)(1) A person named in subsection (b) may exercise the powers +described in subsection (a) through electronic means, including under +circumstances where the individual with respect to whom such person is +performing the notarial act is not physically present in the same +location as such person. + ``(2) A determination of the authenticity of a notarial act +authorized in this section shall be made without regard to whether the +notarial act was performed through electronic means. + ``(3) A log or journal of a notarial act authorized in this section +shall be considered for evidentiary purposes without regard to whether +the log or journal is in electronic form.''. + +SEC. 534. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND REEMPLOYMENT + RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. + + (a) Clarification Regarding Definition of Rights and Benefits.-- +Section 4303(2) of title 38, United States Code, is amended-- + (1) by inserting ``(A)'' before ``The term''; and + (2) by adding at the end the following new subparagraph: + ``(B) Any procedural protections or provisions set forth in + this chapter shall also be considered a right or benefit + subject to the protection of this chapter.''. + (b) Clarification Regarding Relation to Other Law and Plans for +Agreements.--Section 4302 of such title is amended by adding at the end +the following: + ``(c)(1) Pursuant to this section and the procedural rights +afforded by subchapter III of this chapter, any agreement to arbitrate +a claim under this chapter is unenforceable, unless all parties consent +to arbitration after a complaint on the specific claim has been filed +in court or with the Merit Systems Protection Board and all parties +knowingly and voluntarily consent to have that particular claim +subjected to arbitration. + ``(2) For purposes of this subsection, consent shall not be +considered voluntary when a person is required to agree to arbitrate an +action, complaint, or claim alleging a violation of this chapter as a +condition of future or continued employment, advancement in employment, +or receipt of any right or benefit of employment.''. + +SEC. 535. TERMINATION OF TELEPHONE, MULTICHANNEL VIDEO PROGRAMMING, AND + INTERNET ACCESS SERVICE CONTRACTS BY SERVICEMEMBERS WHO + ENTER INTO CONTRACTS AFTER RECEIVING MILITARY ORDERS FOR + PERMANENT CHANGE OF STATION BUT THEN RECEIVE STOP + MOVEMENT ORDERS DUE TO AN EMERGENCY SITUATION. + + (a) In General.--Section 305A(a)(1) of the Servicemembers Civil +Relief Act (50 U.S.C. 3956) is amended-- + (1) by striking ``after the date the servicemember receives + military orders to relocate for a period of not less than 90 + days to a location that does not support the contract.'' and + inserting ``after--''; and + (2) by adding at the end the following new subparagraphs: + ``(A) the date the servicemember receives military + orders to relocate for a period of not less than 90 + days to a location that does not support the contract; + or + ``(B) the date the servicemember, while in military + service, receives military orders for a permanent + change of station, thereafter enters into the contract, + and then after entering into the contract receives a + stop movement order issued by the Secretary of Defense + in response to a local, national, or global emergency, + effective for an indefinite period or for a period of + not less than 30 days, which prevents the servicemember + from using the services provided under the contract.''. + (b) Retroactive Application.--The amendments made by this section +shall apply to stop movement orders issued on or after March 1, 2020. + +SEC. 536. ABSENTEE BALLOT TRACKING PROGRAM. + + (a) Establishment and Operation of Program.--Section 102(h) of the +Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. +20302(h)) is amended to read as follows: + ``(h) Absentee Ballot Tracking Program.-- + ``(1) Requiring establishment and operation of program.-- + The chief State election official, in coordination with local + election jurisdictions, shall establish and operate an absentee + ballot tracking program described in paragraph (2) for the use + of absent uniformed services voters and overseas voters. + ``(2) Program described.-- + ``(A) Information on transmission and receipt of + absentee ballots.--An absentee ballot tracking program + described in this paragraph is a program under which-- + ``(i) the State or local election official + responsible for the transmission of absentee + ballots in an election for Federal office + operates procedures to track and confirm the + transmission of such ballots and to make + information on the transmission of such a + ballot available by means of online access + using the Internet site of the official's + office; and + ``(ii) the State or local election official + responsible for the receipt of absentee ballots + in an election for Federal office operates + procedures to track and confirm the receipt of + such ballots and (subject to subparagraph (B)) + to make information on the receipt of such a + ballot available by means of online access + using the Internet site of the official's + office. + ``(B) Specific information on receipt of voted + absentee ballots.--The information required to be made + available under clause (ii) of subparagraph (A) with + respect to the receipt of a voted absentee ballot in an + election for Federal office shall include information + regarding whether the vote cast on the ballot was + counted, and, in the case of a vote which was not + counted, the reasons therefor. The appropriate State or + local election official shall make the information + described in the previous sentence available during the + 30-day period that begins on the date on which the + results of the election are certified, or during such + earlier 30-day period as the official may provide. + ``(3) Use of toll-free telephone number by officials + without internet site.--A program established and operated by a + State or local election official whose office does not have an + Internet site may meet the requirements of paragraph (2) if the + official has established and operates a toll-free telephone + number that may be used to obtain the information on the + transmission or receipt of the absentee ballot which is + required under such paragraph.''. + (b) Effective Date.--The amendment made by subsection (a) shall +apply with respect to an election held during 2022 or any succeeding +year. + +SEC. 537. TRACKING MECHANISM AND REPORTING REQUIREMENTS FOR + SUPREMACIST, EXTREMIST, AND CRIMINAL GANG ACTIVITY IN THE + ARMED FORCES. + + (a) Process Required.--The Secretary of Defense shall develop and +implement a process to track investigations, criminal and +administrative actions, and final determinations with respect to +conduct of members of the covered Armed Forces that is prohibited under +Department of Defense Instruction 1325.06, titled ``Handling Dissident +and Protest Activities Among Members of the Armed Forces'', or any +successor instruction. + (b) Elements.--The process under subsection (a) shall include the +following: + (1) A mechanism that military criminal investigative + organizations may use-- + (A) to track criminal investigations into the + prohibited conduct described in subsection (a), + including a mechanism to track those investigations + that are forwarded to commanders for administrative + action; + (B) to provide relevant information from criminal + investigations and administrative actions to civilian + law enforcement agencies; and + (C) to track final administrative actions taken + with respect to investigations that are referred to + commanders. + (2) A mechanism commanders may use to provide information + to military criminal investigative organizations on any serious + conduct under consideration for administrative action or any + final administrative actions taken with respect to the + prohibited conduct described in subsection (a). + (3) A standardized database, shared among the covered Armed + Forces, to ensure that the tracking required under subsection + (a) is carried out in the same manner across such Armed Forces. + (c) Report.--Not later than December 1 of each year beginning after +the date of the enactment of this Act, the Secretary of Defense shall +submit to the appropriate congressional committees a report on the +process implemented under subsection (a). Each report shall include-- + (1) the number of investigations, criminal and + administrative actions, and final determinations tracked over + the preceding year; + (2) the number of individuals discharged from the covered + Armed Forces due to activities prohibited under Department of + Defense Instruction 1325.06 and a description of the + circumstances that led to such discharges; and + (3) of the actions enumerated under paragraph (1), the + number of instances in which information on the conduct of a + member of the covered Armed Forces was referred to civilian law + enforcement agencies as a result of the investigation or + action. + (d) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' + means-- + (A) the Committee on the Judiciary and the + Committee on Armed Services of the Senate; and + (B) the Committee on the Judiciary and the + Committee on Armed Services of the House of + Representatives. + (2) The term ``covered Armed Forces'' means the Army, the + Navy, the Air Force, and the Marine Corps. + +SEC. 538. MILITARY-CIVILIAN TASK FORCE ON DOMESTIC VIOLENCE AND RELATED + INFORMATION COLLECTION ACTIVITIES. + + (a) Military-Civilian Task Force on Domestic Violence.-- + (1) Establishment.--The Secretary of Defense shall + establish a military-civilian task force on domestic violence + (in this section, referred to as the ``Task Force''). + (2) Duties.--The duties of the Task Force shall be to + analyze and develop recommendations, for implementation by the + Secretary, with respect to each of the following: + (A) The risk of domestic violence at various stages + of military service, including identification of-- + (i) stages at which there is a higher than + average risk of domestic violence; and + (ii) stages at which the implementation of + domestic violence prevention strategies may + have the greatest preventive effect. + (B) The use and dissemination of domestic violence + prevention resources throughout the stages of military + service including providing new service members with + training in domestic violence prevention. + (C) How to best target prevention resources to + address those with a higher risk of domestic violence. + (D) The implementation of strategies to prevent + domestic violence by training, educating, and assigning + prevention-related responsibilities to-- + (i) commanders; + (ii) medical, behavioral, and mental health + service providers; + (iii) family advocacy representatives; + (iv) Military Family Life Consultants; and + (v) other individuals and entities with + responsibilities that may be relevant to + addressing domestic violence. + (E) The efficacy of providing survivors of domestic + violence with the option to request expedited + transfers, and the effects of such transfers. + (F) Improvements to procedures for reporting + appropriate legal actions to the National Crime + Information Center and the efficacy of such procedures. + (G) The effects of domestic violence on-- + (i) housing for military families; + (ii) the education of military dependent + children; + (iii) servicemember work assignments and + careers; and + (iv) the health of servicemembers and their + families, including short-term and long-term + health effects and effects on mental health. + (H) Age-appropriate training and education programs + for students attending schools operated by the + Department of Defense Education Activity that are + designed to assist such students in learning positive + relationship behaviors in families and with intimate + partners. + (I) The potential effects of requiring military + protective orders to be issued by a military judge and + whether such a requirement would increase the + enforcement of military protective orders by civilian + law enforcement agencies outside the boundaries of + military installations. + (J) Whether prevention of domestic violence would + be enhanced by raising the disposition authority for + offenses of domestic violence to an officer who is-- + (i) in the grade of 0-6 or above; + (ii) in the chain of command of the + accused; and + (iii) authorized by chapter 47 of title 10, + United States Code (the Uniform Code of + Military Justice) to convene special courts + martial. + (K) How to improve access to resources for + survivors of domestic violence throughout the stages of + military service. + (L) Consideration of any other matters that the + Task Force determines to be relevant to-- + (i) decreasing the frequency of domestic + violence committed by or upon members of the + covered Armed Forces and their dependents; and + (ii) reducing the severity of such + violence. + (3) Membership.--The Task Force shall be composed of the + following members: + (A) One or more representatives of family advocacy + programs of the Department of Defense. + (B) One or more representatives of the Defense + Advisory Committee on Women in the Services. + (C) One or more medical personnel of the Department + of Defense. + (D) One or more Judge Advocates General. + (E) One or more military police or other law + enforcement personnel of the covered Armed Forces. + (F) One or more military commanders. + (G) One or more individuals whose duties include + planning, executing, and evaluating training of the + covered Armed Forces. + (H) Civilians who are experts on domestic violence + or who provide services relating to domestic violence, + including-- + (i) not fewer than two representatives from + the national domestic violence resource center + and the special issue resource centers referred + to in section 310 of the Family Violence + Prevention and Services Act (42 U.S.C. 10410); + (ii) not fewer than two representatives + from national domestic violence organizations; + (iii) not fewer than two representatives + from State domestic violence and sexual assault + coalitions; and + (iv) not fewer than two domestic violence + service providers who provide services in + communities located near military + installations. + (I) One or more representatives who are subject + matter experts on-- + (i) scientific and other research relating + to domestic violence; and + (ii) science-based strategies for the + prevention, intervention, and response to + domestic violence. + (J) Civilian law enforcement personnel. + (K) One or more representatives from the Office on + Violence Against Women of the Department of Justice. + (L) One or more representatives of the Family + Violence Prevention and Services Program of the + Department of Health and Human Services. + (M) One or more representatives from the Centers + for Disease Control and Prevention. + (4) Appointment by secretary of defense.-- + (A) In general.--The Secretary of Defense shall + appoint the members of the Task Force specified in + subparagraphs (A) through (M) of paragraph (3). + (B) Consultation.-- + (i) Consultation with attorney general.--In + appointing members under subparagraph (K) of + paragraph 3, the Secretary of Defense shall + consult with the Attorney General. + (ii) Consultation with secretary of hhs.-- + In appointing members under subparagraphs (L) + and (M) of such paragraph, the Secretary shall + consult with the Secretary of Health and Human + Services. + (C) Inclusion of certain personnel.--The Secretary + shall ensure that the members appointed by the + Secretary under this subparagraph include-- + (i) representatives of the Office of the + Secretary of Defense; + (ii) general and flag officers; + (iii) noncommissioned officers; and + (iv) other enlisted personnel of the + covered Armed Forces. + (5) Total number of members.--The total number of members + appointed to the Task Force shall be not more than 25. + (6) Chairperson.-- + (A) Nominee list.--On an annual basis, the Task + Force shall submit to the Secretary a list of members + of the Task Force who may be considered for the + position of chairperson of the Task Force. + (B) Selection.--From the list submitted to the + Secretary under subparagraph (A) for each year, the + Secretary of Defense shall designate one member of the + Task Force to serve as the chairperson of the Task + Force. + (C) Term.--The chairperson designated by the + Secretary under subparagraph (B) shall serve for a term + of 1 year and may serve for additional terms of 1 year + if redesignated as the chairperson by the Secretary + under such subparagraph. + (7) Meetings.--The first meeting of the Task Force shall + convene not later than 180 days after the date of the enactment + of this Act. Thereafter, the task Force shall meet in plenary + session not less frequently than once annually. + (8) Compensation and travel expenses.--Each member of the + Task Force shall serve without compensation (other than the + compensation to which such member may be entitled as a member + of the covered Armed Forces or an officer or employee of the + United States, as the case may be), but shall be allowed travel + expenses, including per diem in lieu of subsistence, at rates + authorized for employees of agencies under subchapter I of + chapter 57 of title 5, United States Code, while away from the + member's home or regular places of business in the performance + of services for the Task Force. + (9) Site visits.--In the carrying out the duties described + in paragraph (2), members of the Task Force shall-- + (A) on an annual basis, visit one or more military + installations outside the United States; and + (B) on a semiannual basis, visit one or more + military installations within the United States. + (10) Oversight and administration.--The Secretary of + Defense shall designate an appropriate organization within the + Office of the Secretary of Defense to-- + (A) provide oversight of the Task Force; + (B) provide the Task Force with the personnel, + facilities, and other administrative support that is + necessary for the performance of the Task Force's + duties; and + (C) on a rotating basis, direct the Secretary of + each military department to-- + (i) coordinate visits of the Task Force to + military installations; and + (ii) provide administrative, logistical, + and other support for the meetings of the Task + Force. + (11) Reports.-- + (A) Reports to secretary.-- + (i) Initial report.--Not later than 1 year + after the date on which the members of the Task + Force are appointed under paragraph (3), the + Task Force shall submit to the Secretary of + Defense recommendations with respect to each + matter described in paragraph (2). + (ii) Subsequent reports.--After submitting + the initial report under subparagraph (A), the + Task Force shall, from time to time, submit to + the Secretary of Defense such analyses and + recommendations as the Task Force considers + appropriate to improve the effectiveness of the + covered Armed Forces in responding to and + preventing domestic violence. + (B) Reports to congress.--On an annual basis until + the date on which the Task Force terminates under + paragraph (12), the Task Force shall submit to Congress + a report that includes-- + (i) a description of any improvements in + the response of the covered Armed Forces to + domestic violence over the preceding year; + (ii) an explanation of any pending research + on domestic violence that may be relevant to + domestic violence involving members of the + covered Armed Forces; and + (iii) such analyses and recommendations as + the Task Force considers appropriate to improve + the effectiveness of the covered Armed Forces + in responding to and preventing domestic + violence. + (12) Termination.-- + (A) In general.--Except as provided in subparagraph + (B), the Task Force shall terminate on the date that is + 5 years after the date of the first meeting of the Task + Force. + (B) Continuation.-- + (i) In general.--Subject to clause (ii), + the Secretary of Defense may continue the Task + Force for a period of up to 2 years after the + termination date applicable under subparagraph + (A) if the Secretary determines that + continuation of the Task Force is advisable and + appropriate. + (ii) Notice to congress.--If the Secretary + determines to continue the Task Force under + clause (i), not later than 90 days before the + termination date applicable under subparagraph + (A) and annually thereafter until the new date + of the termination of the Task Force, the + Secretary shall submit to the Committees on + Armed Services of the Senate and the House of + Representatives a notice describing the reasons + for the continuation and confirming the new + termination date. + (13) Implementation of recommendations.-- + (A) In general.--Except as provided in subparagraph + (B), not later than 180 days after the date on which + the Secretary of Defense receives the initial report of + the Task Force under paragraph (11)(A)(i), the + Secretary shall, in consultation with the Task Force, + implement the recommendations of the Task Force with + respect to each matter described in paragraph (2). + (B) Waiver.--The Secretary of Defense may waive the + requirement under subparagraph (A) with respect to a + recommendation of the Task force by submitting to the + Committees on Armed Services of the Senate and the + House of Representatives a written notification setting + forth the reasons for the Secretary's decision not to + implement the recommendation. + (b) Information Collection and Reporting.-- + (1) Information collection.-- + (A) Regular information collection.--Using the + mechanism developed under subparagraph (B), the + Secretary of Defense shall regularly collect + information to measure the prevalence of domestic + violence involving members of the covered Armed Forces, + their intimate partners, and immediate family members. + (B) Mechanism to measure domestic violence.--The + Secretary of Defense, in coordination with the Centers + for Disease Control and civilian organizations with + expertise in conducting informational surveys, shall + develop a mechanism to carry out the information + collection required under subparagraph (A). + (2) Annual report on domestic violence.-- + (A) Report required.--On an annual basis, the + Secretary of Defense shall submit to the congressional + defense committees a report on domestic violence in the + covered Armed Forces. + (B) Elements.--The report required under + subparagraph (A) shall include, with respect to the + year covered by the report, the following: + (i) Based on the information collected + under paragraph (1), an assessment of the + prevalence of domestic violence involving + members of the covered Armed Forces, their + intimate partners, and immediate family + members. + (ii) The number of convictions under + section 928b of title 10, United States Code + (article 128b of the Uniform Code of Military + Justice). + (iii) The recidivism rate for members of + the covered Armed Forces convicted of domestic + violence offenses. + (iv) The number instances in which a member + of the covered Armed Forces received an + administrative discharge as a result of the + member's involvement in a domestic violence + incident. + (v) The number of instances in which a + member of the covered Armed Forces was + prohibited from possessing firearms as a result + of the member's conviction for a domestic + violence offense. + (vi) Of the incidents described in clause + (v), the number of instances in which the + member received a waiver of such prohibition or + was otherwise allowed to access firearms for + duty purposes. + (vii) An explanation of the status of data + sharing between the Department of Defense and + civilian law enforcement agencies on matters + relating to domestic violence. + (c) Covered Armed Forces Defined.--In this section, the term +``covered Armed Forces'' means the Army, the Navy, the Air Force, and +the Marine Corps. + +SEC. 539. ACTIONS TO ADDRESS MILITARY-CONNECTED CHILD ABUSE. + + (a) In General.--Consistent with the recommendations of the +Government Accountability Office in the report titled ``Increased +Guidance and Collaboration Needed to Improve DOD's Tracking and +Response to Child Abuse'' (GAO-20-110), the Secretary of Defense shall +carry out activities to improve the ability of the Department of +Defense to effectively prevent, track, and respond to military- +connected child abuse. + (b) Activities Required.--The activities carried out under +subsection (a) shall include the following: + (1) The Secretary of Defense shall expand the scope of the + Department of Defense's centralized database on problematic + sexual behavior in children and youth to track information on + all incidents involving child abuse reported to a Family + Advocacy Program or investigated by a military law enforcement + organization, regardless of whether the perpetrator of the + abuse is another child, an adult, or a person in a + noncaregiving role at the time of the incident. + (2) The Secretary of Defense, in consultation with the + Secretary of each military department, shall ensure-- + (A) that each Family Advocacy Program records, in a + database of the Program, the date on which the Program + notified a military law enforcement organization of a + reported incident of child abuse; and + (B) that each military law enforcement organization + records, in a database of the organization, the date on + which the organization notified a Family Advocacy + Program of a reported incident of child abuse. + (3) The Secretary of Defense, in consultation with the + Secretary of each military department, shall issue guidance + that clarifies the process through which the Family Advocacy + Program of a covered Armed Force will receive, and incorporate + into the Program's central registry, information regarding + child abuse allegations involving members of that a covered + Armed Force and dependents of such members in cases in which + such allegations were previously recorded by the Family + Advocacy Program of another covered Armed Force. Such guidance + shall include a mechanism for monitoring the process to ensure + that the process is carried out consistently. + (4) Each covered Armed Force shall develop a process to + monitor how reported incidents of child abuse are screened at + military installations to help ensure that all reported child + abuse incidents that should be presented to an Incident + Determination Committee are consistently presented and tracked. + (5) The Secretary of Defense shall ensure that the Under + Secretary of Defense for Personnel and Readiness, in + consultation with the Director of the Department of Defense + Education Activity, clarifies Department of Defense Education + Activity guidance to define what types of child abuse incidents + must be reported as serious incidents to help ensure that all + serious incidents of which Department of Defense Education + Activity leadership needs to be informed are accurately and + consistently reported by school administrators. + (6) The Secretary of Defense, in consultation with the + Secretaries of the military departments, shall-- + (A) expand the voting membership of each Incident + Determination Committee to include medical personnel + with requisite knowledge and experience; and + (B) ensure, to the extent practicable, that voting + membership of a Committee includes medical personnel + with expertise in pediatric medicine in cases in which + a reported incident of child abuse is under review by + the Committee. + (7) Each covered Armed Force shall implement procedures to + provide the families of child abuse victims with comprehensive + information on how reported incidents of child abuse will be + addressed. Such practices may include the development of a + guide that-- + (A) explains the processes the Family Advocacy + Program and military law enforcement organizations will + follow to address the report; and + (B) identifies services and other resources + available to victims and their families. + (8) The Secretary of Defense, in consultation with the + Secretaries of the military departments, shall issue guidance + to clarify the circumstances under which military commanders + may exercise the authority to remove a child from a potentially + unsafe home on a military installation outside the United + States. + (9) The Secretary of Defense shall ensure that the Under + Secretary of Defense for Personnel and Readiness, in + consultation with the Director of the Defense Health Agency, + establishes processes that help ensure children who are + sexually abused outside the United States have timely access to + a certified pediatric sexual assault forensic examiner to + conduct an examination. Such processes may include certifying + pediatricians, or adult sexual assault forensic examiners who + have pediatric sexual assault nurse examiner training in a + multidisciplinary team setting, as pediatric examiners during + mandatory training or establishing shared regional assets. + (10) The Secretary of Defense, in consultation with the + Deputy Attorney General, shall establish procedures for + military criminal investigative organizations to communicate + with United States Attorneys, State Attorneys General, and + local prosecutors for relevant cases involving child victims, + including establishing protocols that-- + (A) ensure that military investigators are notified + when a prosecution is declined; + (B) provide notice to victims of the status of + prosecutions and, as applicable, the reasons for the + declination to prosecute; + (C) arrange for specialized victim services outside + of the Department of Defense to be provided to juvenile + victims to the extent possible; + (D) facilitate legal assistance or other civil + legal aid services to juvenile victims; and + (E) ensure that juveniles accused of crimes are, to + the extent possible, provided defense counsel who are + trained in representing juveniles. + (11) The Secretary of each military department shall seek + to develop a memorandum of understanding with the National + Children's Alliance that makes children's advocacy center + services and protocols available to all military installations + of the department and increases awareness of those services + across the department. + (c) Deadline.--The Secretary of Defense shall carry out the +activities described in subsection (b) not later than 1 year after the +date of the enactment of this Act. + (d) Definitions.--In this section: + (1) The term ``child abuse'' means any abuse of a child + (including physical abuse, sexual abuse, emotional abuse, and + neglect) regardless of whether the perpetrator of the abuse is + another child, an adult, or a person in a noncaregiving role. + (2) The term ``covered Armed Forces'' means the Army, Navy, + Air Force, Marine Corps, and Space Force. + (3) The term ``Incident Determination Committee'' means a + committee established at a military installation that is + responsible for reviewing reported incidents of child abuse and + determining whether such incidents constitute child abuse + according to the applicable criteria of the Department of + Defense. + (4) The term ``military-connected'', when used with respect + to child abuse, means child abuse occurring on a military + installation or involving a dependent of a member of the + covered Armed Forces. + +SEC. 540. MULTIDISCIPLINARY BOARD TO EVALUATE SUICIDE EVENTS. + + (a) Guidance Required.--The Secretary of Defense shall issue +guidance that requires each suicide event involving of a member of a +covered Armed Force to be reviewed by a multidisciplinary board +established at the command or installation level. Such guidance shall +require that, for each suicide event reviewed by such a board, the +board will-- + (1) clearly define the objective, purpose, and outcome of + the review; + (2) take a multidisciplinary appraoch to the review and + include, as part of the review process, leaders of military + units, medical and mental health professionals, and + representatives of military criminal investigative + organizations; + (3) obtain the data necessary to make a comprehensive + Department of Defense suicide event report submission; and + (4) take appropriate steps to protect and share information + obtained from ongoing investigations into the event (such as + medical and law enforcement reports). + (b) Implementation by Covered Armed Forces.--Not later than 90 days +after the date on which the guidance is issued under subsection (a), +the chiefs of the covered Armed Forces shall implement the guidance. + (c) Progress Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on the progress of the +Secretary in implementing the guidance required under subsection (a). + (d) Covered Armed Forces Defined.--In this section, the term +``covered Armed Forces'' means the Army, Navy, Air Force, Marine Corps, +and Space Force. + +SEC. 540A. TO RESOLVE CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF + ACT. + + (a) In General.--Section 102 of the Servicemembers Civil Relief Act +(50 U.S.C. 3912) is amended by adding at the end the following new +subsection: + ``(d) Written Consent Required for Arbitration.--Notwithstanding +any other provision of law, whenever a contract with a servicemember, +or a servicemember and the servicemember's spouse jointly, provides for +the use of arbitration to resolve a controversy subject to a provision +of this Act and arising out of or relating to such contract, +arbitration may be used to settle such controversy only if, after such +controversy arises, all parties to such controversy consent in writing +to use arbitration to settle such controversy.''. + (b) Applicability.--Subsection (d) of such section, as added by +subsection (a), shall apply with respect to contracts entered into, +amended, altered, modified, renewed, or extended after the date of the +enactment of this Act. + +SEC. 540B. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER + SERVICEMEMBERS CIVIL RELIEF ACT. + + (a) In General.--Section 107(a) of the Servicemembers Civil Relief +Act (50 U.S.C. 3918(a)) is amended-- + (1) in the second sentence, by inserting ``and if it is + made after a specific dispute has arisen and the dispute is + identified in the waiver'' after ``to which it applies''; and + (2) in the third sentence, by inserting ``and if it is made + after a specific dispute has arisen and the dispute is + identified in the waiver'' after ``period of military + service''. + (b) Applicability.--The amendment made by subsection (a) shall +apply with respect to waivers made on or after the date of the +enactment of this Act. + +SEC. 540C. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER + SERVICEMEMBERS CIVIL RELIEF ACT. + + Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. +4042(a)) is amended-- + (1) in the matter preceding paragraph (1), by inserting ``, + notwithstanding any previous agreement to the contrary,'' after + ``may''; and + (2) in paragraph (3), by striking ``, notwithstanding any + previous agreement to the contrary''. + +SEC. 540D. REQUIREMENT OF CERTAIN CERTIFICATION BEFORE DEPORTATION OF A + SPOUSE OF A MEMBER OF THE ARMED FORCES. + + (a) In General.--A spouse of a member of the Armed Forces may not +be removed from the United States until the Secretary concerned +certifies to the congressional defense committees that-- + (1) the Secretary concerned has determined that such + removal shall not negatively affect the morale, welfare, or + well-being of that member; + (2) the Secretary concerned has reviewed all information, + including extenuating circumstances, relating to such removal; + and + (3) the Secretary concerned has assisted the member and + spouse to the greatest extent practicable. + (b) Secretary Concerned Defined.--In this section, the term +``Secretary concerned'' has the meaning given that term in section 101 +of title 10, United States Code. + +SEC. 540E. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES AND MOTOR + VEHICLES OF SERVICEMEMBERS WHO INCUR CATASTROPHIC INJURY + OR ILLNESS OR DIE WHILE IN MILITARY SERVICE. + + (a) Catastrophic Injuries and Illnesses.--Paragraph (4) of section +305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)), as +added by section 545 of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92), is amended to read as follows: + ``(4) Catastrophic injury or illness of lessee.-- + ``(A) Termination.--If the lessee on a lease + described in subsection (b) incurs a catastrophic + injury or illness during a period of military service + or while performing covered service, during the one- + year period beginning on the date on which the lessee + incurs such injury or illness-- + ``(i) the lessee may terminate the lease; + or + ``(ii) in the case of a lessee who lacks + the mental capacity to contract or to manage + his or her own affairs (including disbursement + of funds without limitation) due to such injury + or illness, the spouse or dependent of the + lessee may terminate the lease. + ``(B) Definitions.--In this paragraph: + ``(i) The term `catastrophic injury or + illness' has the meaning given that term in + section 439(g) of title 37, United States Code. + ``(ii) The term `covered service' means + full-time National Guard duty, active Guard and + Reserve duty, or inactive-duty training (as + such terms are defined in section 101(d) of + title 10, United States Code).''. + (b) Deaths.--Paragraph (3) of such section is amended by striking +``The spouse of the lessee'' and inserting ``The spouse or dependent of +the lessee''. + +SEC. 540F. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT CRIMINAL + BACKGROUND CHECK SYSTEM. + + Section 101(b) of the NICS Improvement Amendments Act of 2007 (34 +U.S.C. 40911(b)) is amended-- + (1) by redesignating paragraph (2) as paragraph (3); and + (2) by inserting after paragraph (1), the following new + paragraph (2): + ``(2) Department of defense.--Not later than 3 business + days after the final disposition of a judicial proceeding + conducted within the Department of Defense, the Secretary of + Defense shall make available to the Attorney General records + which are relevant to a determination of whether a member of + the Armed Forces involved in such proceeding is disqualified + from possessing or receiving a firearm under subsection (g) or + (n) of section 922 of title 18, United States Code, for use in + background checks performed by the National Instant Criminal + Background Check System.''. + +SEC. 540G. PROHIBITION ON CERTAIN COMMUNICATIONS REGARDING COURTS- + MARTIAL. + + Section 825 of title 10, United States Code (article 25 of the +Uniform Code of Military Justice) is amended by adding at the end the +following new subsection: + ``(g) No individual may provide a briefing concerning a potential +or pending court-martial to a member of the armed forces who may be +selected to serve on the court-martial.''. + +SEC. 540H. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO + PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN + INDIVIDUALS UNDER SERVICEMEMBERS CIVIL RELIEF ACT. + + Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C. +3956(a)) is amended by adding at the end the following new paragraph: + ``(4) Additional individuals covered.--For purposes of this + section, the following individuals shall be treated as a + servicemember covered by paragraph (1): + ``(A) A spouse or dependent of a servicemember who + dies while in military service or a spouse or dependent + of a member of the reserve components who dies while + performing duty described in subparagraph (C). + ``(B) A spouse or dependent of a servicemember who + incurs a catastrophic injury or illness (as that term + is defined in section 439(g) of title 37, United States + Code), if the servicemember incurs the catastrophic + injury or illness while performing duty described in + subparagraph (C). + ``(C) A member of the reserve components performing + military service or performing full-time National Guard + duty, active Guard and Reserve duty, or inactive-duty + training (as such terms are defined in section 101(d) + of title 10, United States Code).''. + +SEC. 540I. REPORT ON DRUG DEMAND REDUCTION PROGRAM MODERNIZATION. + + (a) In General.--Not later than 180 days after the enactment of +this Act, the Secretary of Defense shall deliver a report to the +Committees on Armed Services of the Senate and House of Representatives +regarding the efficacy of using point of collection testing (in this +section referred to as ``POCT'') devices to modernize the drug demand +reduction program (in this section referred to as ``DDRP'') random +urinalysis testing. + (b) Evaluation Criteria.--The report shall include the following: + (1) The extent to which use of POCT devices streamline + current urinalysis testing processes and communications, while + maintaining specimen chain of custody for use in associated + administrative and military justice activities if needed. + (2) An assessment of the effectiveness of the POCT devices + for DDRP random urinalysis testing while ensuring specimen + chain of custody. + (3) A 10-year projection and assessment of the cost savings + associated with the use of POCT devices in the DDRP random + urinalysis testing. + (4) The methodology for calculating the 10-year cost + projection. + (5) An assessment of any other suggested changes to + modernize the DDRP program. + (6) A summary of any programmatic or logistical barriers to + effectively carrying out the use of POCT devices in the DDRP + testing. + +SEC. 540J. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR COURTS + OF CRIMINAL APPEALS. + + (a) Qualifications of Certain Judges.--Section 866(a) of title 10, +United States Code (article 66(a) of the Uniform Code of Military +Justice), is amended-- + (1) by striking ``Each Judge'' and inserting: + ``(1) In general.--Each Judge''; and + (2) by adding at the end the following new paragraph: + ``(2) Additional qualifications.--In addition to any other + qualifications specified in paragraph (1), any commissioned + officer or civilian assigned as an appellate military judge to + a Court of Criminal Appeals shall have not fewer than 12 years + of experience in the practice of law before such assignment.''. + (b) Standard of Review.--Paragraph (1) of section 866(d) of title +10, United States Code (article 66(d) of the Uniform Code of Military +Justice), is amended to read as follows: + ``(1) Cases appealed by accused.-- + ``(A) In general.--In any case before the Court of + Criminal Appeals under subsection (b), the Court may + act only with respect to the findings and sentence as + entered into the record under section 860c of this + title (article 60c). The Court may affirm only such + findings of guilty, and the sentence or such part or + amount of the sentence, as the Court finds correct in + law, and in fact in accordance with subparagraph (B), + and determines, on the basis of the entire record, + should be approved. + ``(B) Factual sufficiency review.-- + ``(i) In an appeal of a finding of guilty + or sentence under paragraph (1)(A), (1)(B), or + (2) of subsection (b), the Court may consider + whether the finding is correct in fact upon + request of the accused if the accused makes a + specific showing of a deficiency in proof. + ``(ii) After an accused has made such a + showing, the Court may weigh the evidence and + determine controverted questions of fact + subject to-- + ``(I) appropriate deference to the + fact that the trial court saw and heard + the witnesses and other evidence; and + ``(II) appropriate deference to + findings of fact entered into the + record by the military judge. + ``(iii) If, as a result of the review + conducted under clause (ii), the Court is + clearly convinced that the finding of guilty or + sentence was against the weight of the + evidence, the Court may dismiss or set aside + the finding, or affirm a lesser finding. + ``(C) Review by full court.--Any determination by + the Court that a finding was clearly against the weight + of the evidence under subparagraph (B) shall be + reviewed by the Court sitting as a whole.''. + (c) Inclusion of Additional Information in Annual Reports.--Section +946a(b)(2) of title 10, United States Code (article 146a(b)(2) of the +Uniform Code of Military Justice), is amended-- + (1) in subparagraph (B), by striking ``and'' at the end; + (2) in subparagraph (C), by striking the period at the end + and inserting ``; and''; and + (3) by adding at the end the following new subparagraph: + ``(D) An analysis of each case in which a Court of + Criminal Appeals made a final determination that a + finding of a court-martial was clearly against the + weight of the evidence, including an explanation of the + standard of appellate review applied in such case.''. + +SEC. 540K. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE UNIFORM + CODE OF MILITARY JUSTICE REGARDING CERTAIN POST-TRIAL + MOTIONS, FILINGS, AND HEARINGS. + + Section 806b(a)(2) of title 10, United States Code (article +6b(a)(2)) of the Uniform Code of Military Justice), is amended-- + (1) by redesignating subparagraphs (D) and (E) as + subparagraphs (E) and (F), respectively; and + (2) by inserting after subparagraph (C) the following new + subparagraph (D): + ``(D) A post-trial motion, filing, or hearing that + may address the finding or sentence of a court-martial + with respect to the accused, unseal privileged or + private information of the victim, or result in the + release of the accused.''. + + Subtitle E--Sexual Assault + +SEC. 541. PROTECTION OF ATTORNEY-CLIENT PRIVILEGE BETWEEN VICTIMS AND + SPECIAL VICTIMS' COUNSEL. + + (a) Special Victims' Counsel.--Subsection (c) of section 1044e of +title 10, United States Code, is amended to read as follows: + ``(c) Nature of Relationship.-- + ``(1) Attorney-client relationship.--The relationship + between a Special Victims' Counsel and a victim in the + provision of legal advice and assistance shall be the + relationship between an attorney and client. + ``(2) Testimony in legal proceedings.--During any criminal + legal proceeding in which a Special Victims' Counsel is asked + to testify or give evidence, the Special Victims' Counsel shall + be given the same consideration as counsel for the Government + and counsel for the accused.''. + (b) Revision to Military Rules of Evidence.--Not later than 180 +days after the date of the enactment of this Act, Rule 502 of the +Military Rules of Evidence shall be modified to provide that the +privilege between a Special Victims' Counsel and a client shall be the +same as lawyer-client privilege. + +SEC. 542. AUTHORITY OF MILITARY JUDGES AND MILITARY MAGISTRATES TO + ISSUE MILITARY COURT PROTECTIVE ORDERS. + + (a) Judge-Issued Military Court Protective Orders.--Chapter 80 of +title 10, United Stated Code, is amended by adding at the end the +following new section: +``Sec. 1567b. Authority of military judges and military magistrates to + issue military court protective orders + ``(a) Authority To Issue Military Court Protective Orders.--The +President shall prescribe regulations authorizing military judges and +military magistrates to issue protective orders in accordance with this +section. A protective order issued in accordance with this section +shall be known as a `military court protective order'. Under the +regulations prescribed by the President, military judges and military +magistrates shall have exclusive jurisdiction over the issuance, +appeal, renewal, and termination of military court protective orders +and such orders may not be issued, appealed, renewed, or terminated by +State, local, territorial, or tribal courts. + ``(b) Enforcement by Civilian Authorities.-- + ``(1) In general.--In prescribing regulations for military + court protective orders, the President shall seek to ensure + that the protective orders are issued in a form and manner that + is enforceable by State, local, territorial, and tribal + civilian law enforcement authorities. + ``(2) Full faith and credit.--Any military court protective + order, should be accorded full faith and credit by the court of + a State, local, territorial, or tribal jurisdiction (the + enforcing jurisdiction) and enforced by the court and law + enforcement personnel of that jurisdiction as if it were the + order of the enforcing jurisdiction. + ``(3) Reciprocity agreements.--Consistent with paragraphs + (1) and (2), the Secretary of Defense shall seek to enter into + reciprocity agreements with State, local, territorial, and + tribal civilian law enforcement authorities under which-- + ``(A) such authorities agree to enforce military + court protective orders; and + ``(B) the Secretary agrees to enforce protective + orders issued by such authorities that are consistent + with section 2265(b) of title 18. + ``(c) Purpose and Form of Issuance.--A military court protective +order may be issued for the purpose of protecting a victim of an +alleged sex or domestic violence offense, or a family member or +associate of the victim, from a person subject to chapter 47 of this +title (the Uniform Code of Military Justice) who is alleged to have +committed such an offense. + ``(d) Timing and Manner of Issuance.--A military court protective +order may be issued-- + ``(1) by a military magistrate, before referral of charges + and specifications to court-martial for trial, at the request + of-- + ``(A) a victim of an alleged sex or domestic + violence offense; or + ``(B) a Special Victims' Counsel or other qualified + counsel acting on behalf of the victim; or + ``(2) by a military judge, after referral of charges and + specifications to court-martial for trial, at the request of + qualified counsel, which may include a Special Victims' Counsel + acting on behalf of the victim or trial counsel acting on + behalf of the prosecution. + ``(e) Duration and Renewal of Protective Order.-- + ``(1) Duration.--A military court protective order shall be + issued for an initial period of thirty days and may be reissued + for one or more additional periods of 30 days in accordance + with paragraph (2). + ``(2) Expiration and renewal.--Before the expiration of any + 30-day period during which a military court protective order is + in effect, a military judge or military magistrate shall review + the order to determine whether the order will terminate at the + expiration of such period or be reissued for an additional + period of 30 days. + ``(3) Notice to protected persons.--If a military judge or + military magistrate determines under paragraph (2) that a + military court protective order will terminate, the judge or + magistrate concerned shall provide to each person protected by + the order reasonable, timely, and accurate notification of the + termination. + ``(f) Review of Magistrate-Issued Orders.-- + ``(1) Review.--A military judge, at the request of the + person subject to a military court protective order that was + issued by a military magistrate, may review the order to + determine if the order was properly issued by the magistrate. + ``(2) Standards of review.--A military judge who reviews an + order under paragraph (1) shall terminate the order if the + judge determines that-- + ``(A) the military magistrate's decision to issue + the order was an abuse of discretion, and there is not + sufficient information presented to the military judge + to justify the order; or + ``(B) information not presented to the military + magistrate establishes that the military court + protective order should be terminated. + ``(g) Due Process.-- + ``(1) Protection of due process.--Except as provided in + paragraph (2), a protective order authorized under subsection + (a) may be issued only after reasonable notice and opportunity + to be heard, directly or through counsel, is given to the + person against whom the order is sought sufficient to protect + that person's right to due process. + ``(2) Emergency orders.--A protective order on an emergency + basis may be issued on an ex parte basis under such rules and + limitations as the President shall prescribe. In the case of ex + parte orders, notice and opportunity to be heard must be + provided within a reasonable time after the order is issued, + sufficient to protect the respondent's due process rights. + ``(h) Rights of Victim.--The victim of an alleged sex or domestic +violence offense who seeks a military court protective order has, in +addition to any rights provided under section 806b (article 6b), the +following rights with respect to any proceeding involving the +protective order: + ``(1) The right to reasonable, accurate, and timely notice + of the proceeding and of any change in the status of the + protective order resulting from the proceeding. + ``(2) The right to be reasonably heard at the proceeding. + ``(3) The right to appear in person, with or without + counsel, at the proceeding. + ``(4) The right be represented by qualified counsel in + connection with the proceeding, which may include a Special + Victims' Counsel. + ``(5) The reasonable right to confer with a representative + of the command of the accused and counsel representing the + government at the proceeding, as applicable. + ``(6) The right to submit a written statement, directly or + through counsel, for consideration by the military judge or + military magistrate presiding over the proceeding. + ``(i) Restrictions on Access to Firearms.-- + ``(1) In general.--Notwithstanding any other provision of + law-- + ``(A) a military court protective order issued on + an ex parte basis shall restrain a person from + possessing, receiving, or otherwise accessing a + firearm; and + ``(B) a military court protective order issued + after the person to be subject to the order has + received notice and opportunity to be heard on the + order, shall restrain such person from possessing, + receiving, or otherwise accessing a firearm in + accordance with section 922 of title 18. + ``(2) Notice to attorney general.--Not later than 72 hours + after the issuance of an order described in paragraph (1), the + Secretary of Defense shall submit to the Attorney General a + record of the order. + ``(j) Treatment as Lawful Order.--A military court protective order +shall be treated as a lawful order for purposes of the application of +section 892 (article 92) and a violation of such an order shall be +punishable under such section (article). + ``(k) Command Matters.-- + ``(1) Inclusion in personnel file.--Any military court + protective order against a member shall be placed and retained + in the military personnel file of the member. + ``(2) Notice to civilian law enforcement of issuance.--Any + military court protective order against a member shall be + treated as a military protective order for purposes of section + 1567a including for purposes of mandatory notification of + issuance to civilian law enforcement as required by that + section. + ``(l) Relationship to Other Authorities.--Nothing in this section +may be construed as prohibiting-- + ``(1) a commanding officer from issuing or enforcing any + otherwise lawful order in the nature of a protective order to + or against members of the officer's command; + ``(2) pretrial restraint in accordance with Rule for + Courts-Martial 304 (as set forth in the Manual for Courts- + Martial, 2019 edition, or any successor rule); or + ``(3) pretrial confinement in accordance with Rule for + Courts-Martial 305 (as set forth in the Manual for Courts- + Martial, 2019 edition, or any successor rule). + ``(m) Delivery to Certain Persons.--A physical and electronic copy +of any military court protective order shall be provided, as soon as +practicable after issuance, to the following: + ``(1) The person or persons protected by the protective + order or to the guardian of such a person if such person is + under the age of 18 years. + ``(2) The person subject to the protective order. + ``(3) To such commanding officer in the chain of command of + the person subject to the protective order as the President + shall prescribe for purposes of this section. + ``(n) Definitions.--In this section: + ``(1) Contact.--The term `contact' includes contact in + person or through a third party, or through gifts. + ``(2) Communication.--The term `communication' includes + communication in person or through a third party, and by + telephone or in writing by letter, data fax, or other + electronic means. + ``(3) Covered sex or domestic violence offense.--The term + `covered sex or domestic violence offense' means-- + ``(A) an alleged sex-related offense (as defined in + section 1044e(h)); or + ``(B) an alleged offense of domestic violence under + section 928b of this title (article 128b of the Uniform + Code of Military Justice) or an attempt to commit such + an offense that is punishable under section 880 of this + title (article 80 of the Uniform Code of Military + Justice). + ``(4) Military judge and military magistrate.--The terms + `military judge' and `military magistrate' mean a commissioned + officer of the armed forces who is a member of the bar of a + Federal court or a member of the bar of the highest court of a + State and who is certified to be qualified, by reason of + education, training, experience, and judicial temperament, for + duty as a military judge or magistrate by the Judge Advocate + General of the armed force of which the officer is a member. + ``(5) Protective order.--The term `protective order' means + an order that-- + ``(A) restrains a person from harassing, stalking, + threatening, or otherwise contacting or communicating + with a victim of an alleged sex or domestic violence + offense, or a family member or associate of the victim, + or engaging in other conduct that would place such + other person in reasonable fear of bodily injury to any + such other person; + ``(B) by its terms, explicitly prohibits-- + ``(i) the use, attempted use, or threatened + use of physical force by the person against a + victim of an alleged sex or domestic violence + offense, or a family member or associate of the + victim, that would reasonably be expected to + cause bodily injury; + ``(ii) the initiation by the person + restrained of any contact or communication with + such other person; or + ``(iii) actions described by both clauses + (i) and (ii). + ``(6) Special victims' counsel.--The term `Special Victims + Counsel' means a Special Victims' Counsel described in section + 1044e and includes a Victims' Legal Counsel of the Navy.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: + +``1567b. Authority of military judges and military magistrates to issue + military court protective orders.''. + (c) Implementation.--The President shall prescribe regulations +implementing section 1567b of title 10, United States Code, not later +than 1 year after the date of the enactment of this Act. + +SEC. 543. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE DEFENSE + ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL + MISCONDUCT. + + Section 550B(c)(2) of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92) is amended-- + (1) by redesignating subparagraph (C) as subparagraph (E); + and + (2) by inserting after subparagraph (B) the following new + subparagraphs: + ``(C) Efforts among private employers to prevent + sexual assault and sexual harassment among their + employees. + ``(D) Evidence-based studies on the prevention of + sexual assault and sexual harassment in the Armed + Forces, institutions of higher education, and the + private sector.''. + +SEC. 544. MODIFICATION OF REPORTING AND DATA COLLECTION ON VICTIMS OF + SEXUAL OFFENSES. + + Section 547 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1561 note) is +amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking ``accused of'' and + inserting ``suspected of''; and + (ii) by striking ``assault'' and inserting + ``offense''; + (B) in paragraph (2), by striking ``accused of'' + and inserting ``suspected of''; and + (C) in paragraph (3)-- + (i) by striking ``assaults'' and inserting + ``offenses''; and + (ii) by striking ``an accusation'' and + inserting ``suspicion of''; + (2) by redesignating subsection (b) as subsection (c); + (3) by inserting after subsection (b) the following new + subsection: + ``(b) Guidance Required.--The Secretary of Defense shall issue +guidance to ensure the uniformity of the data collected by each Armed +Force for purposes of subsection (a). At a minimum, such guidance shall +establish-- + ``(1) standardized methods for the collection of the data + required to be reported under such subsection; and + ``(2) standardized definitions for the terms `sexual + offense', `collateral miconduct', and `adverse action'.''; and + (4) by amending subsection (c), as so redesignated, to read + as follows: + ``(c) Definitions.--In this section: + ``(1) The term `covered individual' means an individual who + is identified in the case files of a military criminal + investigative organization as a victim of a sexual offense that + occurred while that individual was serving on active duty as a + member of the Armed Forces. + ``(2) The term `suspected of', when used with respect to a + covered individual suspected of collateral misconduct or crimes + as described in subsection (a), means that an investigation by + a military criminal investigative organization reveals facts + and circumstances that would lead a reasonable person to + believe that the individual committed an offense under chapter + 47 of title 10, United States Code (the Uniform Code of + Military Justice).''. + +SEC. 545. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS + INVOLVING MEMBERS OF THE ARMED FORCES. + + (a) Submission to Congress.--Section 1631(d) of the Ike Skelton +National Defense Authorization Act for Fiscal Year 2011 (Public Law +111-383; 10 U.S.C. 1561 note) is amended by inserting ``and the +Committees on Veterans' Affairs of the Senate and the House of +Representatives'' after ``House of Representatives''. + (b) Applicability.--The amendment made by subsection (a) shall take +effect on the date of the enactment of this Act and shall apply to +reports required to be submitted under section 1631 of the Ike Skelton +National Defense Authorization Act for Fiscal Year 2011 (Public Law +111-383; 10 U.S.C. 1561 note) on or after such date. + +SEC. 546. COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL TRAUMA. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Secretaries of Defense and Veterans Affairs +shall jointly develop, implement, and maintain a standard of +coordinated care for members of the Armed Forces who are survivors of +sexual trauma. Such standard shall include the following: + (b) Minimum Elements.--The standard developed and implemented under +subsection (a) by the Secretaries of Defense and Veterans Affairs shall +include the following: + (1) Information for members of the armed forces.--The + Secretary of Defense shall ensure that-- + (A) Sexual Assault Response Coordinators and + Uniformed Victim Advocates receive annual training on + resources of the Department of Veterans Affairs + regarding sexual trauma; + (B) information regarding services furnished by the + Secretary of Veterans Affairs to survivors of sexual + trauma is provided to each such survivor; and + (C) information described in subparagraph (B) is + posted in the following areas in each facility of the + Department of Defense: + (i) An office of the Family Advocacy + Program. + (ii) An office of a mental health care + provider. + (iii) Each area in which sexual assault + prevention staff normally post notices or + information. + (iv) High-traffic areas (including dining + facilities). + (2) Coordination between staff of the departments.--The + Secretaries shall ensure that a Sexual Assault Response + Coordinator or Uniformed Victim Advocate of the Department of + Defense who receives a report of an instance of sexual trauma + connects the survivor to the Military Sexual Trauma Coordinator + of the Department of Veterans Affairs at the facility of that + Department nearest to the residence of that survivor if that + survivor is a member separating or retiring from the Armed + Forces. + (c) Reports.-- + (1) Report on residential treatment.--Not later than 180 + days after the date of the enactment of this Act, the + Secretaries of Defense and Veterans Affairs shall provide a + report to the appropriate committees of Congress regarding the + availability of residential treatment programs for survivors of + sexual trauma, including-- + (A) barriers to access for such programs; and + (B) resources required to reduce such barriers. + (2) Initial report.--Upon implementation of the standard + under subsection (a), the Secretaries of Defense and Veterans + Affairs shall jointly submit to the appropriate committees of + Congress a report on the standard. + (3) Progress reports.--Not later than 180 days after + submitting the initial report under paragraph (2), and on + December 1 of each subsequent year, the Secretaries of Defense + and Veterans Affairs shall jointly submit to the appropriate + committees of Congress a report on the progress of the + Secretaries in implementing and improving the standard. + (4) Updates.--Whenever the Secretaries of Defense and + Veterans Affairs update the standard developed under subsection + (a), the Secretaries shall jointly submit to the appropriate + committees of Congress a report on such update, including a + comprehensive and detailed description of such update and the + reasons for such update. + (d) Definitions.--In this section: + (1) The term ``sexual trauma'' means psychological trauma + described in section 1720D(a)(1) of title 38, United States + Code. + (2) The term ``appropriate committees of Congress'' means-- + (A) the Committees on Veterans' Affairs of the + House of Representatives and the Senate; and + (B) the Committees on Armed Services of the House + of Representatives and the Senate. + +SEC. 547. POLICY ON SEPARATION OF VICTIM AND ACCUSED AT MILITARY + SERVICE ACADEMIES. + + (a) In General.--The Secretary of Defense shall, in consultation +with the Secretaries of the military departments and the Superintendent +of each military service academy, prescribe in regulations a policy +under which a cadet or midshipman of a military service academy who is +the alleged victim of a sexual assault and a cadet or midshipman who is +the alleged perpetrator of such assault shall, to the extent +practicable, each be given the opportunity to complete their course of +study at the academy without-- + (1) taking classes together; or + (2) otherwise being in close proximity to each other during + mandatory activities. + (b) Elements.--The Secretary of Defense shall ensure that the +policy developed under subsection (a)-- + (1) protects the alleged victim as necessary, including by + prohibiting retaliatory harassment; + (2) allows both the victim and the accused to complete + their course of study at the institution with minimal + disruption; + (3) protects the privacy of both the victim and the accused + by ensuring that information about the alleged sexual assault + and the individuals involved is not revealed to third parties + who are not specifically authorized to receive such information + in the course of performing their regular duties, except that + such policy shall not preclude the alleged victim or the + alleged perpetrator from making such disclosures to third + parties; and + (4) minimizes the burden on the alleged victim when taking + steps to separate the alleged victim and alleged perpetrator. + (c) Special Rule.--The policy developed under subsection (a) shall +not preclude a military service academy from taking other +administrative or disciplinary action when appropriate. + (d) Military Service Academy Defined.--In this section, the term +``military service academy'' means the following: + (1) The United States Military Academy. + (2) The United States Naval Academy. + (3) The United States Air Force Academy. + +SEC. 548. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES. + + (a) In General.--The Secretary of Defense shall, in consultation +with the Secretaries of the military departments, prescribe in +regulations a safe-to-report policy described in subsection (b) that +applies with respect to all members of the covered Armed Forces +(including members of the reserve components of the covered Armed +Forces) and cadets and midshipmen at the military service academies. + (b) Safe-To-Report Policy.--The safe-to-report policy described in +this subsection is a policy that prescribes the handling of minor +collateral misconduct involving a member of the covered Armed Forces +who is the alleged victim of sexual assault. + (c) Aggravating Circumstances.--The regulations under subsection +(a) shall specify aggravating circumstances that increase the gravity +of minor collateral misconduct or its impact on good order and +discipline for purposes of the safe-to-report policy. + (d) Tracking of Collateral Misconduct Incidents.--In conjunction +with the issuance of regulations under subsection (a), Secretary shall +develop and implement a process to track incidents of minor collateral +misconduct that are subject to the safe-to-report policy. + (e) Definitions.--In this section: + (1) The term ``covered Armed Forces'' has the meaning given + the term ``armed forces'' in section 101(a)(4) of title 10, + United States Code, except such term does not include the Coast + Guard. + (2) The term ``military service academy'' means the + following: + (A) The United States Military Academy. + (B) The United States Naval Academy. + (C) The United States Air Force Academy. + (3) The term ``minor collateral misconduct'' means any + minor misconduct that is potentially punishable under chapter + 47 of title 10, United States Code (the Uniform Code of + Military Justice), that-- + (A) is committed close in time to or during the + sexual assault, and directly related to the incident + that formed the basis of the sexual assault allegation; + (B) is discovered as a direct result of the report + of sexual assault or the ensuing investigation into the + sexual assault; and + (C) does not involve aggravating circumstances (as + specified in the regulations prescribed under + subsection (c)) that increase the gravity of the minor + misconduct or its impact on good order and discipline. + +SEC. 549. QUESTION IN WORKPLACE AND GENDER RELATIONS SURVEYS REGARDING + PROSECUTIONS OF SEXUAL ASSAULT. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall include in the +covered surveys a question regarding whether a member of an Armed Force +under the jurisdiction of the Secretary of a military department would +be more willing to report a sexual assault if prosecution decisions +were made by lawyers and not commanders. + (b) Covered Surveys Defined.--In this section, the term ``covered +surveys'' means the workplace and gender relations surveys and focus +groups administered by the Office of People Analytics of the Department +of Defense, including-- + (1) the Workplace and Gender Relations Survey of Active + Duty Members; + (2) the Workplace and Gender Relations Survey of Reserve + Component Members; + (3) the Military Service Gender Relations Focus Group; and + (4) any successor survey or focus group. + +SEC. 550. PILOT PROGRAM ON PROSECUTION OF SPECIAL VICTIM OFFENSES + COMMITTED BY ATTENDEES OF MILITARY SERVICE ACADEMIES. + + (a) Pilot Program.--Beginning not later than January 1, 2021, the +Secretary of Defense shall carry out a pilot program (referred to in +this Act as the ``Pilot Program'') under which the Secretary shall +establish, in accordance with this section, an independent authority +to-- + (1) review each covered special victim offense; and + (2) determine whether such offense shall be referred to + trial by an appropriate court-martial convening authority. + (b) Office of the Chief Prosecutor.-- + (1) Establishment.--As part of the Pilot Program, the + Secretary shall establish, within the Office of the Secretary + of Defense, an Office of the Chief Prosecutor. + (2) Head of office.--The head of the Office shall be known + as the Chief Prosecutor. The Secretary shall appoint as the + Chief Prosecutor a commissioned officer in the grade of O-7 or + above who-- + (A) has significant experience prosecuting sexual + assault trials by court-martial; and + (B) is outside the chain of command of any cadet or + midshipman described in subsection (f)(2). + (3) Responsibilities.--The Chief Prosecutor shall exercise + the authorities described in subsection (c) but only with + respect to covered special victim offenses. + (4) Special rule.--Notwithstanding any other provision of + law, the military service from which the Chief Prosecutor is + appointed is authorized an additional billet for a general + officer or a flag officer for each year in the 2-year period + beginning with the year in which the appointment is made. + (5) Termination.--The Office of the Chief Prosecutor shall + terminate on the date on which the Pilot Program terminates + under subsection (e). + (c) Referral to Office of the Chief Prosecutor.-- + (1) Investigation phase.-- + (A) Notice and information.--A military criminal + investigative organization that receives an allegation + of a covered special victim offense shall provide to + the Chief Prosecutor and the commander of the military + service academy concerned-- + (i) timely notice of such allegation; and + (ii) any information and evidence obtained + as the result a subsequent investigation into + the allegation. + (B) Trial counsel.--A trial counsel assigned to a + case involving a covered special victim offense shall, + during the investigative phase of such case, provide + the Chief Prosecutor with the information necessary to + enable the Chief Prosecutor to make the determination + required under paragraph (3). + (2) Referral to chief prosecutor.--In the case of a charge + relating to a covered special victim offense, in addition to + referring the charge to the staff judge advocate under + subsection (a) or (b) of section 834 of title 10, United States + Code (article 34 of the Uniform Code of Military Justice), the + convening authority of the Armed Force of which the accused is + a member shall refer, as soon as reasonably practicable, the + charge to the Chief Prosecutor to make the determination + required by paragraph (3). + (3) Prosecutorial determination.--The Chief Prosecutor + shall make a determination regarding whether a charge relating + to a covered special victim offense shall be referred to trial. + If the Chief Prosecutor makes a determination that the charge + shall be tried by court-martial, the Chief Prosecutor also + shall determine whether the charge shall be tried 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 such title (article 23 of the Uniform Code of Military + Justice). The determination of whether to try a charge relating + to a covered special victim offense by court-martial shall + include a determination of whether to try any known offenses, + including any lesser included offenses. + (4) Effect of determination and appeals process.-- + (A) Determination to proceed to trial.--Subject to + subparagraph (C), a determination to try a charge + relating to a covered special victim offense by court- + martial under paragraph (3), and the determination as + to the type of court-martial, shall be binding on any + convening authority under chapter 47 of title 10, + United States Code (the Uniform Code of Military + Justice) for a trial by court-martial on the charge. + (B) Determination not to proceed to trial.--Subject + to subparagraph (C), a determination under paragraph + (3) not to proceed to trial on a charge relating to a + covered special victim offense by general or special + court-martial shall be binding on any convening + authority under chapter 47 of title 10, United States + Code (the Uniform Code of Military Justice) except that + such determination shall not operate to terminate or + otherwise alter the authority of the convening + authority-- + (i) to proceed to trial by court-martial on + charges of collateral misconducted related to + the special victim offense; or + (ii) to impose non-judicial punishment in + connection with the conduct covered by the + charge as authorized by section 815 of such + title (article 15 of the Uniform Code of + Military Justice). + (C) Appeal.--In a case in which a convening + authority and the staff judge advocate advising such + authority disagree with the determination of the Chief + Prosecutor under paragraph (3), the convening authority + and staff judge advocate may jointly appeal the + determination to the General Counsel of the Department + of Defense. The determination of the General Counsel + with respect to such appeal shall be binding on the + Chief Prosecutor and the convening authority concerned. + (5) Trial by randomized jury.--After the Chief Prosecutor + makes a determination under paragraph (3) to proceed to trial + on a charge relating to a covered special victim offense, the + matter shall be tried by a court-martial convened within the + Armed Force of which the accused is a member in accordance with + the applicable provisions of chapter 47 of title 10, United + States Code (the Uniform Code of Military Justice) except that, + when convening a court-martial that is a general or special + court-martial involving a covered special victim offense in + which the accused elects a jury trial, the convening authority + shall detail members of the Armed Forces as members thereof at + random unless the obtainability of members of the Armed Forces + for such court-martial prevents the convening authority from + detailing such members at random. + (6) Unlawful influence or coercion.--The actions of the + Chief Prosecutor under this subsection whether or not to try + charges by court-martial shall be free of unlawful or + unauthorized influence or coercion. + (d) Effect on Other Law.--This section shall supersede any +provision of chapter 47 of title 10, United States Code (the Uniform +Code of Military Justice), that is inconsistent with this section, but +only to the extent of the inconsistency. + (e) Termination and Transition.-- + (1) Termination.--The authority of the Secretary to carry + out the Pilot Program shall terminate 4 years after the date on + which the Pilot Program is initiated. + (2) Transition.--The Secretary shall take such actions as + are necessary to ensure that, on the date on which the Pilot + Program terminates under paragraph (1), any matter referred to + the Chief Prosecutor under subsection (c)(2), but with respect + to which the Chief Prosecutor has not made a determination + under subsection (c)(3), shall be transferred to the + appropriate convening authority for consideration. + (f) Definitions.--In this Act: + (1) The term ``Armed Force'' means an Armed Force under the + jurisdiction of the Secretary of a military department. + (2) The term ``covered special victim offense'' means a + special victim offense-- + (A) alleged to have been committed on or after the + date of the enactment of this Act by a cadet of the + United States Military Academy or the United States Air + Force Academy, without regard to the location at which + the offense was committed; or + (B) alleged to have been committed on or after the + date of the enactment of this Act by a midshipman of + the United States Naval Academy, without regard to the + location at which the offense was committed. + (3) The term ``Secretary'' means the Secretary of Defense. + (4) The term ``special victim offense'' means any of the + following: + (A) An offense under section 917a, 920, 920b, 920c, + or 930 of title 10, United States Code (article 117a, + 120, 120b, 120c, or 130 of the Uniform Code of Military + Justice). + (B) A conspiracy to commit an offense specified in + subparagraph (A) as punishable under section 881 of + such title (article 81 of the Uniform Code of Military + Justice). + (C) A solicitation to commit an offense specified + in subparagraph (A) as punishable under section 882 of + such title (article 82 of the Uniform Code of Military + Justice). + (D) An attempt to commit an offense specified in + subparagraph (A) as punishable under section 880 of + such title (article 80 of the Uniform Code of Military + Justice). + +SEC. 550A. REPORT ON STATUS OF INVESTIGATIONS OF ALLEGED SEX-RELATED + OFFENSES. + + (a) Reports Required.--Not later than 1 year after the date of the +enactment of this Act, and annually thereafter through December 31, +2025, the Secretary of each military department shall submit to the +congressional defense committees a report on the status of +investigations into alleged sex-related offenses. + (b) Elements.--Each report under subsection (a) shall include, with +respect to investigations into alleged sex-related offenses carried out +by military criminal investigative organizations under the jurisdiction +of the Secretary concerned during the preceding year, the following: + (1) The total number of investigations. + (2) For each investigation-- + (A) the date the investigation was initiated; and + (B) an explanation of whether the investigation is + in-progress or complete as of the date of the report + and, if complete, the date on which the investigation + was completed. + (3) The total number of investigations that are complete as + of the date of the report. + (4) The total number of investigations that are in-progress + as of the date of the report. + (5) For investigations lasting longer than 180 days, an + explanation of the primary reasons for the extended duration of + the investigation. + (c) Definitions.--In this section: + (1) The term ``alleged sex-related offense'' has the + meaning given that term in section 1044(e)(h) of title 10, + United States Code. + (2) The term ``complete'' when used with respect to an + investigation of an alleged sex-related offense, means the + active phase of the investigation is sufficiently complete to + enable the appropriate authority to reach a decision with + respect to the disposition of charges for the offense. + +SEC. 550B. REPORT ON SEXUAL ABUSE AND HARASSMENT OF RECRUITS DURING + MEDICAL EXAMINATIONS PRIOR TO ENTRY INTO THE ARMED + FORCES. + + Not later than 90 days after the date of the enactment of this Act, +the Secretary of Defense shall submit to Congress a report on the +prevalence of sexual abuse and harassment of persons during the medical +examination that precedes entry into the Armed Forces. Such report +shall include the following: + (1) The number of incidents of sexual abuse or harassment + that have been reported since 2000, if available. + (2) A description of the process by which the Department of + Defense tracks the incidents of sexual abuse or harassment, if + applicable. + (3) A plan to establish a process by which the Department + tracks the incidents of sexual abuse or harassment, including + of the medical professionals involved, if such a process does + not exist. + (4) A plan to provide awareness training regarding sexual + abuse and harassment provided to medical professionals who + perform such examinations, if such training does not exist. + (5) A plan to provide recruits with information on their + rights and responsibilities in the event they face sexual abuse + and harassment that is incident to service but prior to + starting service in the Armed Forces, if such information does + not exist. + (6) A description of the legal redress available to persons + who experience such sexual abuse and harassment, including + through the Uniform Code of Military Justice, for those who + enter the Armed Forces. + +SEC. 550C. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT. + + (a) Establishment.--Chapter 80 of title 10, United States Code, is +amended by inserting after section 1561a the following new section: +``Sec. 1561b. Confidential reporting of sexual harassment + ``(a) Establishment.--Notwithstanding section 1561 of this title, +the Secretary of Defense shall prescribe regulations establishing a +process by which a member of an armed force under the jurisdiction of +the Secretary of a military department may confidentially allege a +complaint of sexual harassment to an individual outside the immediate +chain of command of that member. + ``(b) Investigation.--An individual designated to receive +complaints under subsection (a)-- + ``(1) shall maintain the confidentiality of the member + alleging the complaint; + ``(2) shall provide to the member alleging the complaint + the option-- + ``(A) to file a formal or informal report of sexual + harassment; and + ``(B) to include reports related to such complaint + in the Catch a Serial Offender Program; and + ``(3) shall provide to the commander of the complainant a + report-- + ``(A) regarding the complaint; and + ``(B) that does not contain any personally + identifiable information regarding the complainant. + ``(c) Education; Tracking; Reporting.--The Secretary of Defense +shall-- + ``(1) educate members under the jurisdiction of the + Secretary of a military department regarding the process + established under this section; + ``(2) track complaints alleged pursuant to the process + established under this section; and + ``(3) submit annually to the Committees on Armed Services + of the Senate and House of Representatives a report containing + data (that does not contain any personally identifiable + information) relating to such complaints.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +1561b the following new item: + +``1561b. Confidential reporting of sexual harassment.''. + (c) Implementation.--The Secretary shall carry out section 1561b of +title 10, United States Code, as added by subsection (a), not later +than 1 year after the date of the enactment of this Act. + + Subtitle F--Member Education, Training, and Transition + +SEC. 551. COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM REGARDING + SEXUAL ASSAULT, SEXUAL OR GENDER HARASSMENT, AND INTIMATE + PARTNER VIOLENCE. + + Section 1142(b) of title 10, United States Code, is amended by +adding at the end the following new paragraph: + ``(20) Information concerning health care (including mental + health care) furnished by the Secretary of Veterans Affairs to + veterans and members of the Armed Forces who have survived + sexual assault, sexual or gender harassment, or intimate + partner violence.''. + +SEC. 552. MEDICAL OR ADMINISTRATIVE DISCHARGE AS A PATHWAY FOR + COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM. + + Section 1142(c)(1) of title 10, United States Code, is amended-- + (1) in subparagraph (E), by striking ``Disability'' and + inserting ``Potential or confirmed medical discharge of the + member''; and + (2) in subparagraph (F), by striking ``Character'' and all + that follows and inserting ``Potential or confirmed involuntary + separation of the member.''. + +SEC. 553. FAMILY DYNAMICS AS PATHWAYS FOR COUNSELING IN THE TRANSITION + ASSISTANCE PROGRAM. + + Section 1142(c)(1) of title 10, United States Code, as amended by +section (a), is further amended-- + (1) by redesignating subparagraph (M) as subparagraph (R); + and + (2) by inserting after subparagraph (L) the following: + ``(M) Child care requirements of the member (including + whether a dependent of the member is enrolled in the + Exceptional Family Member Program). + ``(N) The employment status of other adults in the + household of the member. + ``(O) The location of the duty station of the member + (including whether the member was separated from family while + on duty). + ``(P) The effects of operating tempo and personnel tempo on + the member and the household of the member. + ``(Q) Whether the member is an Indian or urban Indian, as + those terms are defined in section 4 of the Indian Health Care + Improvement Act (Public Law 94-437; 25 U.S.C. 1603).''. + +SEC. 554. ESTABLISHMENT OF MENTORING AND CAREER COUNSELING PROGRAM. + + (a) In General.--Chapter 107 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 2158. Mentoring and career counseling program + ``(a) Establishment; Objectives.--The Secretary of Defense, in +coordination with the Secretaries of the military departments and the +Chief Diversity Officer, shall implement a program for mentoring and +career counseling that-- + ``(1) ensures that all military occupational specialties + and career fields reflect the demographics of the armed forces; + and + ``(2) ensures that members in all ranks and grades reflect + the demographics of the armed forces. + ``(b) Program Description and Components.--The program under +subsection (a) shall-- + ``(1) include mentoring and career counseling efforts that + start prior to the initial career field decision point and + continue throughout the career of each participating member + cadet or midshipman; + ``(2) provide guidance on accession into the military + occupational specialties and career fields that experience the + highest rates and greatest number of promotions to a grade + above O-6; and + ``(3) promote information regarding career choices, + including opportunities in the reserve components, to optimize + the ability of a participating member cadet, or midshipman to + make informed career choices from accession to retirement. + ``(c) Evaluation Metrics.--The Secretary of Defense shall establish +and maintain metrics to evaluate the effectiveness of the program under +this section.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 107 of such title is amended by at the end the following new +item: + +``2158. Mentoring and career counseling program.''. + (c) Interim Report.-- + (1) Report required.--Not later than 120 days after the + date of the enactment of this Act, the Secretary of Defense + shall submit to the congressional defense committees on Armed + Services of the Senate and the House of Representatives a + report on the implementation of section 2158 of title 10, + United States Code, as added by subsection (a). + (2) Elements.--The report under paragraph (1) shall include + the following: + (A) A description and assessment of the manner in + which the Department of Defense shall implement the + program under subsection (a) of such section 2158. + (B) The initial evaluation metrics developed under + subsection (c) of such section 2158. + (C) An explanation of whether the program will be + carried out as part of another program of the + Department or through the establishment of a separate + program. + (D) A comprehensive description of the additional + personnel, resources, and training that will be + required to implement the program, including + identification of the specific number of additional + billets that will be needed to staff the program. + (E) Recommendations of the Secretary for additional + legislation that the Secretary determines e necessary + to effectively and efficiently implement the program. + (d) Annual Report.-- + (1) Report required.--Not later than October 1, 2021, and + annually thereafter for 3 years, the Secretary of Defense shall + submit to the congressional defense committees on Armed + Services of the Senate and the House of Representatives a + report on the program under section 2158 of title 10, United + States Code, as added by subsection (a). + (2) Elements.--Each report under paragraph (1) shall + include, disaggregated by Armed Force, the following: + (A) The latest evaluation metrics developed under + subsection (c) of such section 2158. + (B) The number of individuals, disaggregated by + grade, ethnicity, race, and gender, who were eligible + for participation in the program. + (C) The number of individuals, disaggregated by + grade, ethnicity, race, and gender, who opted out of + participation in the program. + (D) An assessment of the effectiveness of the + program in advancing the careers of minority + commissioned officers. + (e) Publication.--The Secretary of Defense shall-- + (1) publish on an appropriate publicly available website of + the Department of Defense the reports required under + subsections (c) and (d); and + (2) ensure that any data included with each such report is + made available in a machine-readable format that is + downloadable, searchable, and sortable. + (f) Implementation Date.--The Secretary of Defense shall implement +the program under section 2158 of title 10, United States Code, as +added by subsection (a), not later than 1 year after the date of the +enactment of this Act. + (g) Definitions.--In this section: + (1) The term ``minority person'' means any individual who + is a citizen of the United States and who is-- + (A) Asian American; + (B) Native Hawaiian; + (C) a Pacific Islander; + (D) African American; + (E) Hispanic; + (F) Puerto Rican; + (G) Native American; + (H) an Alaska Native; or + (I) female. + (2) The term ``minority commissioned officer'' means any + commissioned officer who is a minority person. + (3) The term ``machine-readable'' has the meaning given + that term in section 3502(18) of title 44, United States Code. + +SEC. 555. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER. + + (a) Authority To Award Bachelor's Degrees.--Section 2168 of title +10, United States Code, is amended-- + (1) in the section heading, by striking ``Associate'' and + inserting ``Associate or Bachelor''; and + (2) by amending subsection (a) to read as follows: + ``(a) Subject to subsection (b), the Commandant of the Defense +Language Institute may confer-- + ``(1) an Associate of Arts degree in a foreign language + upon any graduate of the Foreign Language Center of the + Institute who fulfills the requirements for that degree; or + ``(2) a Bachelor of Arts degree in a foreign language upon + any graduate of the Foreign Language Center of the Institute + who fulfills the requirements for that degree.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 108 of title 10, United States Code, is amended by striking the +item relating to section 2168 and inserting the following new item: + +``2168. Defense Language Institute Foreign Language Center: degree of + Associate or Bachelor of Arts in foreign + language.''. + +SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER. + + (a) Authority To Award Bachelor's Degrees.--Section 2168 of title +10, United States Code, is amended-- + (1) in the section heading, by striking ``Associate'' and + inserting ``Associate or Bachelor''; and + (2) by amending subsection (a) to read as follows: + ``(a) Subject to subsection (b), the Commandant of the Defense +Language Institute may confer-- + ``(1) an Associate of Arts degree in a foreign language + upon any graduate of the Foreign Language Center of the + Institute who fulfills the requirements for that degree; or + ``(2) a Bachelor of Arts degree in a foreign language upon + any graduate of the Foreign Language Center of the Institute + who fulfills the requirements for that degree.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 108 of title 10, United States Code, is amended by striking the +item relating to section 2168 and inserting the following new item: + +``2168. Defense Language Institute Foreign Language Center: degree of + Associate or Bachelor of Arts in foreign + language.''. + +SEC. 557. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED + STATES AIR FORCE ACADEMY. + + Section 9431(b)(4) of title 10, United States Code, is amended by +striking ``23'' and inserting ``25''. + +SEC. 558. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR MILITARY + SERVICE ACADEMIES. + + (a) Congressional Nominations Portal.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Secretary, in consultation with + the Superintendents of the military service academies, shall + ensure that there is a uniform online portal for all military + service academies that enables Members of Congress to nominate + individuals for appointment to each academy through a secure + website. + (2) Information collection and reporting.--The online + portal established under paragraph (1) shall-- + (A) collect, from each Member of Congress, the + demographic information described in subsection (b) for + each individual nominated by the Member; and + (B) collect the information required to be included + in each annual report of the Secretary under subsection + (c) in a manner that enables the Secretary to + automatically compile such information when preparing + the report. + (3) Availability of information.--The portal shall allow + Members of Congress and their designees to view past nomination + records for all application cycles. + (b) Standard Classifications for Collection of Demographic Data.-- + (1) Standards required.--The Secretary, in consultation + with the Superintendents of the military service academies, + shall establish standard classifications that cadets, + midshipmen, and applicants to the academies may use to self- + identify gender, race, and ethnicity and to provide other + demographic information in connection with admission to or + enrollment in an academy. + (2) Consistency with omb guidance.--The standard + classifications established under paragraph (1) shall be + consistent with the standard classifications specified in + Office of Management and Budget Directive No. 15 (pertaining to + race and ethnic standards for Federal statistics and + administrative reporting) or any successor directive. + (3) Incorporation into applications and records.--Not later + than 180 days after the date of the enactment of this Act, the + Secretary shall incorporate the standard classifications + established under paragraph (1) into-- + (A) applications for admission to the military + service academies; and + (B) the military personnel records of cadets and + midshipmen enrolled in such academies. + (c) Annual Report on the Demographics Military Service Academy +Applicants.-- + (1) Report required.--Not later than September 30 of each + year beginning after the date of the enactment of this Act, the + Secretary shall submit to the congressional defense committees + a report on the demographics of applicants to military service + academies for the most recently concluded application year. + (2) Elements.--Each report under paragraph (1) shall + include, with respect to each military service academy, the + following: + (A) The number of individuals who submitted an + application for admission to the academy in the + application year covered by the report. + (B) Of the individuals who submitted an application + for admission to the academy in such year-- + (i) the overall demographics of applicant + pool, disaggregated by the classifications + established under subsection (b) and by Member + of Congress; + (ii) the number and percentage who received + a nomination, disaggregated by the + classifications established under subsection + (b) and by Member of Congress; + (iii) the number and percentage who + received an offer for appointment to the + academy, disaggregated by the classifications + established under subsection (b) and by Member + of Congress; and + (iv) the number and percentage who accepted + an appointment to the academy, disaggregated by + the classifications established under + subsection (b) and by Member of Congress. + (3) Consultation.--In preparing each report under paragraph + (1), the Secretary shall consult with the Superintendents of + the military service academies. + (4) Availability of reports and data.--The Secretary + shall-- + (A) make the results of each report under paragraph + (1) available on a publicly accessible website of the + Department of Defense; and + (B) ensure that any data included with the report + is made available in a machine-readable format that is + downloadable, searchable, and sortable. + (d) Definitions.--In this section: + (1) The term ``application year'' means the period + beginning on January 1 of one year and ending on June 1 of the + following year. + (2) The term ``congressional defense committees'' has the + meaning given that term in section 101(a)(16) of title 10, + United States Code. + (3) The term ``machine-readable'' has the meaning given + that term in section 3502(18) of title 44, United States Code. + (4) The term ``military service academy'' means-- + (A) the United States Military Academy; + (B) the United States Naval Academy; and + (C) the United States Air Force Academy. + (5) The term ``Secretary'' means the Secretary of Defense. + +SEC. 559. TRANSFORMATION OF THE PROFESSIONAL MILITARY EDUCATION + ENTERPRISE. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) professional military education is foundational to the + development of ethical and effective military leaders and vital + to national security; + (2) oversight of professional military education is an + essential part of Congress' constitutional responsibilities to + regulate and maintain the Armed Forces of the United States; + (3) reform of the professional military education system, + as directed by the congressional defense committees, has played + a central role in the institutionalization of jointness as + envisioned by the Goldwater-Nichols Department of Defense + Reorganization Act of 1986 (Public Law 99-433); + (4) the Goldwater-Nichols professional military education + model has served the Nation well since the end of the Cold War + by enabling successful joint military operations across the + spectrum of conflict; + (5) recent changes in the national security environment + require that the professional military education enterprise + adapt to prepare the joint force to successfully defend + American interests in evolving areas of strategic competition; + and + (6) the Department of Defense must transform the + professional military education enterprise to meet these + challenges by emphasizing focused and rigorous intellectual + study reflecting the hard won strategic insights of history, + while leveraging advancements in the modern learning + environment. + (b) Limitation.--None of the funds authorized to be appropriated by +this Act or otherwise made available for fiscal year 2021 for the +Department of Defense may be obligated or expended consolidate, close, +or significantly change the curriculum of the National Defense +University or any institution of professional military education of an +Armed Force until a period of 120 days has elapsed following the date +on which the Under Secretary of Defense for Personnel and Readiness +submits the report required under subsection (c). + (c) Report Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense, acting + through the Under Secretary of Defense for Personnel and + Readiness, shall submit to the Committees on Armed Services of + the Senate and the House of Representatives a report on the + status of the professional military education enterprise. + (2) Elements.--The report required under paragraph (1) + shall include the following: + (A) A consolidated summary that-- + (i) lists all components of the + professional military education enterprise of + the Department of Defense, including all + associated schools, programs, research centers, + and support activities; and + (ii) for each such component, identifies + the assigned personnel strength, annual student + throughput, and budget details covering the + period of 3 fiscal years preceding the date of + the report. + (B) An assessment of the effectiveness and + shortfalls of the existing professional military + education enterprise as measured against graduate + utilization, post-graduate evaluations, and the + education and force development requirements of the + Chairman of the Joint Chiefs of Staff and the Chiefs of + the Armed Forces. + (C) Recommendations to improve the intellectual + readiness of the joint force through reforms designed + to-- + (i) improve the warfighting readiness, + intellectual fitness and cognitive ingenuity of + military leaders; + (ii) promote development of strategic + thinkers capable of developing integrated + political-military and cross-domain strategies + and new doctrinal concepts; + (iii) enhance the effectiveness, coherence, + and efficiency of individual service approaches + to professional military education; + (iv) improve the depth and rigor of + professional military education curriculum in + alignment with national defense strategy pacing + threats while enhancing strategic relationships + and operational integration with key allies and + international security partners; and + (v) foster the deliberate development of + world-class faculty through increasing the + value of faculty assignments and other + appropriate measures. + +SEC. 560. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS OF THE NATIONAL + DEFENSE UNIVERSITY. + + (a) Prohibition.--The Secretary of Defense may not eliminate, +divest, downsize, or reorganize the College of International Security +Affairs, nor its satellite program, the Joint Special Operations +Masters of Arts, of the National Defense University, or seek to reduce +the number of students educated at the College, or its satellite +program, until 30 days after the date on which the congressional +defense committees receive the report required by subsection (c). + (b) Assessment, Determination, and Review.--The Under Secretary of +Defense for Policy, in consultation with the Under Secretary of Defense +for Personnel and Readiness, the Assistant Secretary of Defense for +Special Operations/Low-Intensity Conflict , the Deputy Assistant +Secretary of Defense for Counternarcotics and Global Threats, the +Deputy Assistant Secretary of Defense for Stability and Humanitarian +Affairs, the Deputy Assistant Secretary of Defense for Special +Operations and Combating Terrorism, the Chief Financial Officer of the +Department, the Chairman of the Joint Chiefs of Staff, and the +Commander of United States Special Operations Command, shall-- + (1) assess requirements for joint professional military + education and civilian leader education in the + counterterrorism, irregular warfare, and asymmetrical domains + to support the Department and other national security + institutions of the Federal Government; + (2) determine whether the importance, challenges, and + complexity of the modern counterterrorism environment and + irregular and asymmetrical domains warrant-- + (A) a college at the National Defense University, + or a college independent of the National Defense + University whose leadership is responsible to the + Office of the Secretary of Defense; and + (B) the provision of resources, services, and + capacity at levels that are the same as, or decreased + or enhanced in comparison to, those resources, + services, and capacity in place at the College of + International Security Affairs on January 1, 2019; + (3) review the plan proposed by the National Defense + University for eliminating the College of International + Security Affairs and reducing and restructuring the + counterterrorism, irregular, and asymmetrical faculty, course + offerings, joint professional military education and degree and + certificate programs, and other services provided by the + College; and + (4) assess the changes made to the College of International + Security Affairs since January 1, 2019, and the actions + necessary to reverse those changes, including relocating the + College and its associated budget, faculty, staff, students, + and facilities outside of the National Defense University. + (c) Report Required.--Not later than February 1, 2021, the +Secretary shall submit to the congressional defense committees a report +on-- + (1) the findings of the Secretary with respect to the + assessments, determination, and review conducted under + subsection (b); and + (2) such recommendations as the Secretary may have for + higher education in the counterterrorism, irregular, and + asymmetrical domains. + +SEC. 560A. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE PROFESSIONAL MILITARY + EDUCATION. + + (a) Establishment.--The Secretary of Defense, acting through the +Chairman of the Joint Chiefs of Staff and in consultation with the +Under Secretary of Defense for Personnel and Readiness, shall establish +and maintain a public-private consortium (referred to in this section +as the ``Consortium'') to improve and broaden professional military +education for military officers and civilian employees of the Federal +Government. + (b) Directors.-- + (1) In general.--The President of the National Defense + University and the head of a civilian institution of higher + education appointed in accordance with paragraph (3) shall + serve as co-directors of the Consortium. + (2) Responsibilities of co-directors.--The co-directors + shall be responsible for-- + (A) the administration and management of the + Consortium; and + (B) developing a common curriculum for professional + military education using input received from members of + the Consortium. + (3) Appointment of co-director from civilian institution.-- + Not later than June 1, 2021, the Secretary of Defense shall + appoint an individual who is the President or Chancellor of a + civilian institution of higher education to serve as co- + director of the Consortium as described in paragraph (1). + (4) Term of co-director.--The co-director appointed under + paragraph (3) shall serve an initial term of 5 years. The + Secretary of Defense may reappoint such co-director for one or + more additional terms of not more than 5 years, as the + Secretary determines appropriate. + (5) Authority.--In the event that a conflict arises between + co-directors of the Consortium, the conflict shall be resolved + by the Director for Joint Force Development of the Joint Chiefs + of Staff (J-7). + (c) Activities of Consortium.--The Consortium shall carry out the +following activities: + (1) Bring the military education system (including military + service academies, institutions that provide professional + military education, and other institutions the provide military + education) together with a broad group of civilian institutions + of higher education, policy research institutes, and the + commercial sector to develop and continually update a research- + based curriculum to prepare early career, mid-career, and + senior military officers and civilian employees of the Federal + Government to succeed in an era that will be predominantly + defined by great power competition and in which security + challenges will transcend the traditional areas of defense + expertise, becoming more complex and inter-related than before, + with disruptions that will manifest rapidly and with little + warning. + (2) Train military officers and civilian educators serving + in the joint professional military education system to + implement the curriculum developed under paragraph (2) at the + institutions they serve. + (3) On a regular basis, make recommendations to the + Secretary about how the joint professional military education + system should be modified to meet the challenges of apparent or + possible future defense, national security, and international + environments. + (d) Members.--The Consortium shall be composed of representatives +selected by the Secretary of Defense from the following organizations: + (1) Organizations within the joint professional military + education system. + (2) Military service academies. + (3) Other institutions of the Federal Government that + provide military education. + (4) Civilian institutions of higher education. + (5) Private sector and government policy research + institutes. + (6) Organizations in the commercial sector, including + organizations from the industrial, finance, and technology + sectors. + (e) Annual Report.--Not later than September 30, 2022, and annually +thereafter, the co-directors of the Consortium shall submit to the +Secretary of Defense and the congressional defense committees a report +that describes the activities carried out by the Consortium during the +preceding year. + (f) Civilian Institution Defined.--In this section, the term +``civilian institution of higher education'' means an institution of +higher education (as defined in section 101 of the Higher Education Act +of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the +Federal Government. + +SEC. 560B. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS OF THE + ARMED FORCES IN THE SKILLBRIDGE PROGRAM. + + Section 1143(e)(2) of title 10, United States Code, is amended to +read as follows: + ``(2) A member of the armed forces is eligible for a program under +this subsection if-- + ``(A) the member-- + ``(i) has completed at least 180 days on active + duty in the armed forces; and + ``(ii) is expected to be discharged or released + from active duty in the armed forces within 180 days of + the date of commencement of participation in such a + program; or + ``(B) the member is a member of a reserve component.''. + +SEC. 560C. STUDY REGARDING VA PARTICIPATION IN TAP. + + Not later than December 31, 2022, the Secretaries of Defense and +Veterans Affairs shall submit to the congressional defense committees +and the Committees on Veterans' Affairs of the Senate and House of +Representatives a report on the results of a study on the feasibility +of having representatives of the Department of Veterans Affairs present +during counseling sessions under section 1142 of title 10, United +States Code, to set up premium eBenefits accounts of the Department of +Veterans Affairs for members of the Armed Forces participating in the +Transition Assistance Program. + +SEC. 560D. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY + CERTIFICATIONS TO CIVILIAN OCCUPATIONAL LICENSES AND + CERTIFICATIONS. + + (a) Study; Report.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to Congress a report containing the results of a study +regarding the transferability of military certifications to civilian +occupational licenses and certifications. + (b) Elements.--The report under this section shall include the +following: + (1) Obstacles to transference of military certifications. + (2) Any effects of the transferability of military + certifications on recruitment and retention. + (3) Examples of certifications obtained from the Federal + Government that transfer to non-Federal employment. + +SEC. 560E. TRANSITION OUTREACH. + + The Secretary of Defense, in coordination with the Secretaries of +Veterans Affairs and Labor, shall encourage contact between members of +the Armed Forces participating in the Transition Assistance Program +under sections 1142 and 1144 of title 10, United States Code, and local +communities, to promote employment opportunities for such members. Such +contact shall include, to the extent practicable, public-private +partnerships. + +SEC. 560F. CONTINUED PARTICIPATION OF SEPARATED MEMBERS OF THE ARMED + FORCES IN SKILLBRIDGE PROGRAMS. + + Section 1143(e) of title 10, United States Code, is amended-- + (1) by redesignating paragraph (3) as paragraph (4); and + (2) by inserting after paragraph (2) the following new + paragraph (3): + ``(3) In the case of an eligible member who enrolls in a + program under this subsection and who is discharged or released + from active duty in the armed forces before the completion of + the program, such member may continue to participate in the + program until the completion of the program. The continued + participation of such a member in such a program shall have no + effect on the discharge or separation date of the member or the + eligibility of the member for any pay or benefits.''. + +SEC. 560G. EXPANSION OF SKILLBRIDGE PROGRAM TO INCLUDE THE COAST GUARD. + + Section 1143(e) of title 10, United States Code, is amended-- + (1) in paragraph (1), by striking ``of a military + department'' and inserting ``concerned''; + (2) in paragraph (3), by striking ``of the military + department''; and + (3) in paragraph (4), by striking ``of Defense'' and + inserting ``concerned''. + +SEC. 560H. ESTABLISHMENT OF PERFORMANCE MEASURES FOR THE CREDENTIALING + OPPORTUNITIES ON-LINE PROGRAMS OF THE ARMED FORCES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall establish +additional performance measures to evaluate the effectiveness of the +COOL programs of each Armed Force in connecting members of the Armed +Forces with professional credential programs. Such measures shall +include the following: + (1) The percentage of members of the Armed Force concerned + described in section 1142(a) of title 10, United States Code, + who participate in a professional credential program through + the COOL program of the Armed Force concerned. + (2) The percentage of members of the Armed Force concerned + described in paragraph (1) who have completed a professional + credential program described in that paragraph. + (3) The percentage of members of the Armed Force concerned + described in paragraphs (1) and (2) who are employed not later + than one year after separation or release from the Armed + Forces. + (b) Coordination.--To carry out this section, the Secretary of +Defense may coordinate with the Secretaries of Veterans Affairs and +Labor. + +SEC. 560I. AUTHORITY OF MILITARY EDUCATIONAL INSTITUTIONS TO ACCEPT + RESEARCH GRANTS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the Secretaries of the military departments, shall issue regulations +under which faculty of military educational institutions shall be +authorized to accept research grants from individuals and entities +outside the Department of Defense. + (b) Military Educational Institution Defined.--In this section, the +term ``military educational institution'' means a postsecondary +educational institution established within the Department of Defense. + +SEC. 560J. REPORT ON OFFICER TRAINING IN IRREGULAR WARFARE. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +appropriate congressional committees a report on the training in +irregular warfare, if any, provided to officers of the Armed Forces as +part of the regular course of instruction for such officers. + (b) Elements.--The report under subsection (a) shall include-- + (1) the level of instruction in irregular warfare typically + provided to officers; + (2) the number of hours of instruction at each level; and + (3) a description of the subject areas covered by the + instruction. + (c) Exclusion of Specialized Training.--The report under subsection +(a) shall not include information on specialized or branch-specific +training in irregular warfare provided to certain officers as part of a +specialized course of instruction. + (d) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' + means-- + (A) the Committee on Armed Services and the + Committee on Foreign Relations of the Senate; and + (B) the Committee on Armed Services and the + Committee on Foreign Affairs of the House of + Representatives. + (2) The term ``irregular warfare'' has the meaning given + that term in the Joint Operating Concept of the Department of + Defense titled ``Irregular Warfare: Countering Irregular + Threats'', version 2.0, dated May 17, 2010. + +SEC. 560K. REPORT REGARDING COUNTY, TRIBAL, AND LOCAL VETERANS SERVICE + OFFICERS. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the Secretary of Veterans Affairs, shall submit to the Committees on +Armed Services and on Veterans' Affairs of the House of Representatives +and Senate a report regarding the effects of the presence of CVSOs at +demobilization centers on members of the Armed Forces making the +transition to civilian life. + (b) Metrics.--In determining the effects described in subsection +(a), the Secretary of Defense shall use metrics including the +following: + (1) Feedback from members described in subsection (a) and + from veterans regarding interactions with CVSOs. + (2) Greater use of benefits (including health care, + employment services, education, and home loans) available to + veterans under laws administered by the Secretary of-- + (A) Veterans Affairs; + (B) Labor; + (C) Health and Human Services; + (D) Housing and Urban Development; or + (E) Education. + (3) Greater use of benefits available to veterans not + described in paragraph (2). + (4) Frequencies of post-demobilization follow-up meetings + initiated by-- + (A) a CVSO; or + (B) a veteran. + (5) Awareness and understanding of local support services + (including CVSOs) available to veterans. + (c) Elements.--The report under this section shall include the +following: + (1) The number of demobilization centers that host CVSOs. + (2) The locations of demobilization centers described in + paragraph (1). + (3) Barriers to expanding the presence of CVSOs at + demobilization centers nationwide. + (4) Recommendations of the Secretary of Defense regarding + the presence of CVSOs at demobilization centers. + (d) CVSO Defined.--In this section, the term ``CVSO'' includes-- + (1) a county veterans service officer; + (2) a Tribal veterans service officer; + (3) a Tribal veterans representative; or + (4) another State, Tribal, or local entity that the + Secretary of Defense determines appropriate. + +SEC. 560L. LIMITED EXCEPTION FOR ATTENDANCE OF ENLISTED PERSONNEL AT + SENIOR LEVEL AND INTERMEDIATE LEVEL OFFICER PROFESSIONAL + MILITARY EDUCATION COURSES. + + Section 559 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1775) is +amended-- + (1) in subsection (a), by striking ``None of the funds'' + and inserting ``Except as provided in subsection (b), none of + the funds''; + (2) by redesignating subsections (b) and (c) as subsections + (c) and (d), respectively; and + (3) by inserting after subsection (a) the following new + subsection: + ``(b) Exception.--Funds authorized to be appropriated or otherwise +made available for the Department of Defense may be obligated or +expended for the purpose of the attendance of enlisted personnel at +senior level and intermediate level officer professional military +education courses if-- + ``(1) the enlisted personnel attending such courses have + completed professional military education at the appropriate + grade prior to attendance; + ``(2) the Secretary concerned (as defined in section + 101(a)(9) of title 10, United States Code) establishes a + screening and selection process to choose enlisted personnel to + attend such courses; + ``(3) with respect to attendees of resident programs-- + ``(A) the Secretary concerned establishes a + utilization policy for enlisted graduates of such + programs; and + ``(B) attendees of such programs agree to a 3-year + service obligation after completion of such programs; + ``(4) the Secretary concerned authorizes enlisted personnel + to attend only after the Secretary determines all requirements + for attendance of officers at such courses have been met; and + ``(5) an officer is not denied attendance at such courses + for the primary purpose of allowing enlisted personnel to + attend.''. + +SEC. 560M. LIMITATION ON ELIGIBILITY OF FOR-PROFIT INSTITUTIONS TO + PARTICIPATE IN EDUCATIONAL ASSISTANCE PROGRAMS OF THE + DEPARTMENT OF DEFENSE. + + (a) In General.--Section 2006a of title 10, United States Code, is +amended-- + (1) in subsection (b)-- + (A) in paragraph (3), by striking ``and'' at the + end; + (B) in paragraph (4), by striking the period at the + end and inserting ``; and''; and + (C) by adding at the end the following new + paragraph: + ``(5) in the case of program offered by a proprietary + institution of higher education, the institution derives not + less than ten percent of such institution's revenues from + sources other than Federal educational assistance funds as + required under subsection (c).''. + (2) by redesignating subsection (c) as subsection (d); + (3) by inserting after subsection (b) the following new + subsection: + ``(c) Limitation on Participation of Proprietary Institutions.--The +Secretary of Defense may not approve an educational program offered by +a proprietary institution of higher education, and no educational +assistance under a Department of Defense educational assistance program +or authority covered by this section may be provided to such an +institution, unless the institution derives not less than ten percent +of such institution's revenues from sources other than Federal +educational assistance funds.''; + (4) in subsection (d), as so redesignated, by adding at the + end the following new paragraphs: + ``(3) The term `Federal educational assistance funds' means + any Federal funds provided under this title, the Higher + Education Act of 1965 (20 U.S.C. 1001 et seq.), or any other + Federal law, through a grant, contract, subsidy, loan, + guarantee, insurance, or other means to a proprietary + institution of higher education, including Federal financial + assistance that is disbursed or delivered to an institution or + on behalf of a student or to a student to be used to attend the + institution, except that such term shall not include any + monthly housing stipend provided under the Post-9/11 + Educational Assistance Program under chapter 33 of title 38. + ``(4) The term `proprietary institution of higher + education' has the meaning given that term in section 102(b) of + the Higher Education Act of 1965 (20 U.S.C. 1002(b)).''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect 180 days after the date of the enactment of this Act. + + Subtitle G--Military Family Readiness and Dependents' Education + +SEC. 561. FAMILY READINESS: DEFINITIONS; COMMUNICATION STRATEGY; + REPORT. + + (a) Definitions.--Not later than 6 months after the date of the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretaries of the military departments, shall define the terms +``military family readiness'' and ``military family resiliency''. + (b) Communication Strategy.--Not later than 1 year after the date +of the enactment of this Act, the Secretary of Defense, in coordination +with the Secretaries of the military departments, shall establish and +implement a strategy regarding communication with military families. +The strategy shall include the following: + (1) The use of a variety of modes of communication to + ensure the broadest means of communicating with military + families. + (2) Updating an existing annual standardized survey that + assesses military family readiness to address the following + issues: + (A) Communication with beneficiaries. + (B) Child care. + (C) Education, + (D) Spousal employment. + (E) The Exceptional Family Member Program. + (F) Financial literacy. + (G) Financial stress. + (H) Health care (including copayments, network + adequacy, and the availability of appointments with + health care providers). + (c) Report.--Not later than 180 days after the date of the +enactment of the Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report regarding the feasibility of implementing the +recommendations in-- + (1) chapter 3 of the report of the Inspector General of the + Department of Defense for fiscal year 2020, ``Ensuring Wellness + and Wellbeing of Service-Members and their Families''; and + (2) the report, dated July 2019, of the National Academies + of Science, Engineering and Medicine, titled ``Strengthening + the Military Family Readiness System for a Changing American + Society''. + +SEC. 562. SUPPORT SERVICES FOR MEMBERS OF SPECIAL OPERATIONS FORCES AND + IMMEDIATE FAMILY MEMBERS. + + (a) In General.--Section 1788a of title 10, United States Code, is +amended-- + (1) by striking the heading and inserting ``Support + programs: special operations forces personnel; immediate family + members''; + (2) in subsection (a)-- + (A) by inserting ``(1)'' before ``Consistent''; + (B) by striking ``for the immediate family members + of members of the armed forces assigned to special + operations forces''; and + (C) by adding at the end the following: + ``(2) The Commander may enter into an agreement with a nonprofit +entity to provide family support services.''. + (3) in subsection (b)(1), by striking ``the immediate + family members of members of the armed forces assigned to + special operations forces'' and inserting ``covered + individuals''; + (4) in subsection (d)(2)-- + (A) in subparagraph (A), by striking ``family + members of members of the armed forces assigned to + special operations forces'' and inserting ``covered + individuals''; and + (B) in subparagraph (B), by striking ``family + members of members of the armed forces assigned to + special operations forces'' and inserting ``covered + individuals''; and + (5) in subsection (e)(4)-- + (A) by inserting ``psychological support, spiritual + support, and'' before ``costs''; + (B) by striking ``immediate family members of + members of the armed forces assigned to special + operations forces'' and inserting ``covered + personnel''; and + (C) by adding at the end the following: + ``(5) The term `covered personnel' means-- + ``(A) members of the Armed Forces (including the + reserve components) assigned to special operations + forces; + ``(B) support service personnel assigned to special + operations; + ``(C) individuals separated or retired from service + described in subparagraph (A) or (B) for not more than + three years; and + ``(D) immediate family members of individuals + described in subparagraphs (A) through (C).''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 88 of title 10, United States Code, is amended by striking the +item relating to section 1788a and inserting the following: + +``1788a. Support programs: special operations forces personnel; + immediate family members.''. + +SEC. 563. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO CERTAIN IN-HOME + CHILD CARE PROVIDERS FOR MEMBERS OF THE ARMED FORCES AND + SURVIVORS OF MEMBERS WHO DIE IN COMBAT IN THE LINE OF + DUTY. + + (a) Authority.--Section 1798 of title 10, United States Code, is +amended-- + (1) in subsection (a), in the matter preceding paragraph + (1), by inserting ``, or to an in-home child care provider,'' + after ``youth program services''; + (2) by redesignating subsection (c) as subsection (d); and + (3) by inserting after subsection (b) the following new + subsection (c): + ``(c) Eligible In-Home Child Care Providers.--The Secretary may +determine that an in-home child care provider is eligible for financial +assistance under this section.''. + (b) In-Home Child Care Provider Defined.--Section 1800 of such +title is amended by adding at the end the following: + ``(5) The term `in-home child care provider' means an + individual (including a nanny, babysitter, or au pair) who + provides child care services in the home of the child.''. + (c) Regulations.--Not later than July 1, 2021, the Secretary of +Defense shall prescribe regulations that establish eligibility +requirements and amounts of financial assistance for an in-home child +care provider under subsection (c) of section 1798 of title 10, United +States Code, as amended by subsection (a). + +SEC. 564. EXPANSION OF FINANCIAL ASSISTANCE UNDER MY CAREER ADVANCEMENT + ACCOUNT PROGRAM. + + Section 580F of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92) is amended-- + (1) by inserting ``or maintenance (including continuing + education courses)'' after ``pursuit''; and + (2) by adding at the end the following: ``Such financial + assistance may be applied to the costs of national tests that + may earn a participating military spouse course credits + required for a degree approved under the program (including the + College Level Examination Program tests and the Subject + Standardized Tests of the Defense Activity for Non-Traditional + Education Support Division of the Department of Defense).'' + +SEC. 565. CHILD CARE. + + (a) 24-Hour Child Care.--If the Secretary of Defense determines it +feasible, the Secretary shall furnish child care to each child of a +member of the Armed Forces or employee of the Department of Defense +while that member or employee works on rotating shifts at a military +installation. + (b) Metrics.--Not later than 6 months after the date of the +enactment of this Act, the Secretary of Defense shall develop and +implement metrics to evaluate the effectiveness of the child care +priority system of the Department of Defense, including-- + (1) the speed of placement for children of members of the + Armed Forces on active duty; + (2) the type of child care offered; + (3) available spaces in such system, if any; and + (4) other metrics to monitor the child care priority system + determined by the Secretary. + (c) Report.--Not later than 180 days after the date of the +enactment of the Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report regarding the results of a study that +evaluates-- + (1) the sufficiency of the stipend furnished by the + Secretary to members of the Armed Forces for civilian child + care; and + (2) whether the amount of such stipend should be based on-- + (A) cost of living in the applicable locale; and + (B) the capacity of licensed civilian child care + providers in the local market. + +SEC. 566. CONTINUATION OF PAID PARENTAL LEAVE UPON DEATH OF CHILD. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall amend the regulations prescribed +pursuant to subsections (i) and (j) of section 701 of title 10, United +States Code, to provide that the eligibility of primary and secondary +caregivers for paid parental leave that has already been approved shall +not terminate upon the death of the child for whom such leave is taken. + +SEC. 567. STUDY AND REPORT ON THE PERFORMANCE OF THE DEPARTMENT OF + DEFENSE EDUCATION ACTIVITY. + + (a) Study.--The Secretary of Defense shall conduct a study on the +performance of the Department of Defense Education Activity. + (b) Elements.--The study under subsection (a) shall include the +following: + (1) A review of the curriculum relating to health, + resiliency, and nutrition taught in schools operated by the + Department of Defense Education Activity and a comparison of + such curriculum to appropriate education benchmarks. + (2) An analysis of the outcomes experienced by students in + such schools, as measured by-- + (A) the performance of such students on the + National Assessment of Educational Progress carried out + under section 303(b)(3) of the National Assessment of + Educational Progress Authorization Act (20 U.S.C. + 9622(b)(3)); and + (B) any other methodologies used by the Department + of Defense Education Activity to measure individual + student outcomes. + (3) An assessment of the effectiveness of the School + Liaison Officer program of the Department of Defense Education + Activity in achieving the goals of the program with an emphasis + on goals relating to special education and family outreach. + (c) Report.--Not later than 180 days after the date of the +enactment of the Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report that includes the findings of the study +conducted under subsection (a). + +SEC. 568. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE + STRUCTURAL CONDITION OF DEPARTMENT OF DEFENSE EDUCATION + ACTIVITY SCHOOLS. + + (a) Report Required.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the congressional defense committees a report setting +forth an assessment by the Comptroller General of the structural +condition of schools of the Department of Defense Education Activity, +both within the continental United States (CONUS) and outside the +continental United States (OCONUS). + (b) Virtual Schools.--The report shall include an assessment of the +virtual infrastructure or other means by which students attend +Department of Defense Education Activity schools that have no physical +structure, including the satisfaction of the military families +concerned with such infrastructure or other means. + +SEC. 569. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT + DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS. + + (a) Pilot Program Authorized.--Beginning not later than 180 days +after the date of the enactment of this Act, the Secretary of Defense +shall carry out a pilot program under which a dependent of a full-time, +active-duty member of the Armed Forces may enroll in a covered DODEA +school at the military installation to which the member is assigned, on +a space-available basis as described in subsection (c), without regard +to whether the member resides on the installation as described in +2164(a)(1) of title 10, United States Code. + (b) Purposes.--The purposes of the pilot program under this section +are-- + (1) to evaluate the feasibility and advisability of + expanding enrollment in covered DODEA schools; and + (2) to determine how increased access to such schools will + affect military and family readiness. + (c) Enrollment on Space-Available Basis.--A student participating +in the pilot program under this section may be enrolled in a covered +DODEA school only if the school has the capacity to accept the student, +as determined by the Director of the Department of Defense Education +Activity. + (d) Locations.--The Secretary of Defense shall carry out the pilot +program under this section at not more than four military installations +at which covered DODEA schools are located. The Secretary shall select +military installations for participation in the program based on-- + (1) the readiness needs of the Secretary of a the military + department concerned; and + (2) the capacity of the DODEA schools located at the + installation to accept additional students, as determined by + the Director of the Department of Defense Education Activity. + (e) Termination.--The authority to carry out the pilot program +under this section shall terminate 4 years after the date of the +enactment of this Act. + (f) Covered DODEA School Defined.--In this Section, the term +``covered DODEA school'' means a domestic dependent elementary or +secondary school operated by the Department of Defense Education +Activity that-- + (1) has been established on or before the date of the + enactment of this Act; and + (2) is located in the continental United States. + +SEC. 570. CONTINUED ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF + MILITARY DEPENDENT STUDENTS. + + (a) Assistance to Schools With Significant Numbers of Military +Dependent Students.--Of the amount authorized to be appropriated for +fiscal year 2021 in division D of this Act and available for operation +and maintenance for Defense-wide activities as specified in the funding +table in section 4301 of this Act, $40,000,000 shall be available only +for the purpose of providing assistance to local educational agencies +under subsection (a) of section 572 of the National Defense +Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. +7703b). + (b) Impact Aid for Children With Severe Disabilities.--Of the +amount authorized to be appropriated for fiscal year 2021 in division D +of this Act and available for operation and maintenance for Defense- +wide activities as specified in the funding table in section 4301 of +this Act, $10,000,000 shall be available for payments under section 363 +of the Floyd D. Spence National Defense Authorization Act for Fiscal +Year 2001 (Public Law 106-398; 20 U.S.C. 7703a). + (c) Local Educational Agency Defined.--In this section, the term +``local educational agency'' has the meaning given that term in section +7013(9) of the Elementary and Secondary Education Act of 1965 (20 +U.S.C. 7713(9)). + +SEC. 570A. STANDARDIZATION OF THE EXCEPTIONAL FAMILY MEMBER PROGRAM. + + (a) Policy.--Not later than 6 months after the date of the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretaries of the military departments, shall, to the extent +practicable, standardize the Exceptional Family Member Program (in this +section referred to as the ``EFMP'') across the military departments. + (b) Elements.--The EFMP, standardized under subsection (a), shall +include the following: + (1) Processes for the identification and enrollment of + dependents of covered members with special needs. + (2) A process for the permanent change of orders for + covered members, to ensure seamless continuity of services at + the new permanent duty station. + (3) A review process for installations to ensure that + health care furnished through the TRICARE program, special + needs education programs, and installation-based family support + programs are available to military families enrolled in the + EFMP. + (4) A standardized respite care benefit across the covered + Armed Forces, including the number of hours available under + such benefit to military families enrolled in the EFMP. + (5) Outcomes and metrics to evaluate the EFMP. + (6) A requirement that the Secretary of each military + department provide a dedicated EFMP attorney, who specializes + in education law, at each military installation-- + (A) the Secretary determines is a primary receiving + installation for military families with special needs; + and + (B) in a State that the Secretary determines has + historically not supported families enrolled in the + EFMP. + (7) The option for a family enrolled in the EFMP to + continue to receive all services under that program and the + bachelor allowance for housing if-- + (A) the covered member receives a new permanent + duty station; and + (B) the covered member and family elect for the + family not to relocate with the covered member. + (8) A process to discuss policy challenges and + opportunities, best practices adopted across the covered Armed + Forces, a forum period for discussion with members of military + families with special needs, and other matters the Secretary of + Defense determines appropriate. + (c) Case Management.--The Secretary of Defense, in coordination +with the Secretaries of the military departments, shall develop an EFMP +case management model, including the following: + (1) A single EFMP office, located at the headquarters of + each covered Armed Force, to oversee implementation of the EFMP + and coordinate health care services, permanent change of + station order processing, and educational support services for + that covered Armed Force. + (2) An EFMP office at each military installation with case + managers to assist each family of a covered member in the + development of a plan that addresses the areas specified in + subsection (b)(1). + (d) Report.--Not later than 180 days after the date of the +enactment of the 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 implementation of the items identified +under subsections (a), (b), and (c), including any recommendations of +the Secretary regarding legislation. + (e) GAO Report.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committees on Armed Services of the Senate and the +House of Representatives a report on-- + (1) whether military families have higher rates of disputes + and loss of free and appropriate public education under section + 504 of the Rehabilitation Act of 1973 (Public Law 93-112; 29 + U.S.C. 794) than civilian counterparts; and + (2) an analysis of the number of due process hearings that + were filed by school districts against children of members of + the Armed Forces. + (f) Definitions.--In this section: + (1) The term ``covered Armed Force'' means an Armed Force + under the jurisdiction of the Secretary of a military + department. + (2) The term ``covered member'' means a member-- + (A) of a covered Armed Force; and + (B) with a dependent with special needs. + +SEC. 570B. TRAINING PROGRAM REGARDING FOREIGN DISINFORMATION CAMPAIGNS. + + (a) Establishment.--Not later than September 30, 2021, the +Secretary of Defense shall establish a program for training members of +the Armed Forces and employees of the Department of Defense regarding +the threat of foreign disinformation campaigns specifically targeted at +such individuals and the families of such individuals. + (b) Report Required.--Not later than October 30, 2021, the +Secretary of Defense shall submit a report to the congressional defense +committees regarding the program under subsection (a). + +SEC. 570C. REOPENING OF CHILD CARE FACILITIES OF THE ENGINEER RESEARCH + AND DEVELOPMENT CENTER. + + The Secretary of the Army shall reopen all child care facilities of +the Engineer Research and Development Center that were closed during +fiscal year 2020. + +SEC. 570D. IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY SPOUSE + EMPLOYMENT PARTNERSHIP PROGRAM. + + (a) Evaluation; Updates.--Not later than 160 days after the date of +the enactment of this Act, the Secretary of Defense shall evaluate the +partner criteria set forth in the Military Spouse Employment +Partnership Program and implement updates that the Secretary determines +will improve such criteria without diminishing the need for partners to +exhibit sound business practices, broad diversity efforts, and relative +financial stability. Such updates shall expand the number of the +following entities that meet such criteria: + (1) Institutions of primary, secondary, and higher + education. + (2) Software and coding companies. + (3) Local small businesses. + (4) Companies that employ telework. + (b) New Partnerships.--Upon completion of the evaluation under +subsection (a), the Secretary, in cooperation with the Department of +Labor, shall seek to enter into agreements with entities described in +paragraphs (1) through (4) of subsection (a) that are located near +military installations (as that term is defined in section 2687 of +title 10, United States Code). + (c) Review; Report.--Not later than 1 year after implementation +under subsection (a), the Secretary shall review updates under +subsection (a) and publish a report regarding such review on a +publicly-accessible website of the Department of Defense. Such report +shall include the following: + (1) Military spouse employment rates related to types of + entities described in subsection (a). + (2) Application rates, website clicks, and other basic + metrics that measure the interest level of military spouses in + types of entities described in subsection (a). + (3) Recommendations for increasing military spouse + employment opportunities in the types of entities described in + subsection (a). + + Subtitle H--Diversity and Inclusion + +SEC. 571. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS. + + (a) Standard Diversity Metrics and Annual Reporting Requirement.-- +Section 113 of title 10, United States Code is amended-- + (1) in subsection (c)-- + (A) by redesignating paragraphs (2) and (3) as + paragraphs (3) and (4), respectively; and + (B) by inserting after paragraph (1), the following + new paragraph (2): + ``(2) a report from each military department on the goals, + barriers, and status of diversity and inclusion of that + military department;''; and + (2) in subsection (g)(1)(B), by inserting after clause + (vi), the following new clause (vii): + ``(vii) Strategic metrics and benchmarks + evaluating how the officer and enlisted corps + reflects the eligible United States population + across all armed forces and ranks.''; + (3) by redesignating subsections (m) and (n) as subsections + (n) and (o), respectively; and + (4) by inserting after subsection (k), the following new + subsections (l) and (m): + ``(l)(1) The Secretary of Defense shall establish and maintain a +standard set of strategic metrics and benchmarks toward objectives of: + ``(A) an officer and enlisted corps that reflects the + eligible U.S. population across all armed forces and ranks; and + ``(B) a military force that is able to prevail in its wars, + prevent and deter conflict, defeat adversaries and succeed in a + wide range of contingencies, and preserve and enhance the all- + volunteer force. + ``(2) In implementing the requirement in paragraph (1), the +Secretary shall-- + ``(A) establish a universal data collection system to + ensure comparability across each military department; + ``(B) establish standard definitions of demographic groups, + a common methodology, and a common reporting structure across + each military department; + ``(C) conduct annual barrier analyses to review demographic + diversity patterns across the military life cycle, starting + with accessions; and + ``(D) each year meet with the Secretaries of the military + departments, the Chiefs of Staff of the armed forces, and the + Chairman of the Joint Chiefs of Staff to assess progress + towards the objective under paragraph (1) and establish + recommendations to meet such objective. + ``(m) The Secretary shall include in each national defense strategy +under subsection (g)-- + ``(1) the demographics, disaggregated by grade, ethnicity, + race, gender, and military occupational specialty, for-- + ``(A) accession into the armed forces; + ``(B) the enlisted corps; + ``(C) the commissioned officers; + ``(D) graduates of the military service academies; + ``(E) the rate of promotion in the promotion zone; + ``(F) the rate of promotion below the zone for + promotion; + ``(G) the rates of retention; + ``(H) command selection; + ``(I) special assignments; + ``(J) career broadening assignments; + ``(K) aides to general officers and flag officers; + and + ``(L) any other matter the Secretary determines + appropriate; + ``(2) an analysis of assignment patterns by ethnicity, + race, and gender; + ``(3) an analysis of attitudinal survey data by ethnicity, + race, and gender; + ``(4) an assessment of the available pool of qualified of + Asian American, Native Hawaiian, Pacific Islander, African + American, Hispanic, Puerto Rican, Native American, Alaska + Native and female candidates for pay grades O-9 and O-10; + ``(5) identification of persistent, group-specific + deviations from overall averages and plans to investigate + underlying causes; and + ``(6) summaries of progress made on previous actions.''. + (b) National Guard Diversity Reporting.--Section 10504 of title 10, +United States Code is amended by adding at the end the following new +subsection (d): + ``(d) Report on Diversity and Inclusion.-- + ``(1) In general.--Not less than once every four years, the + Chief of the National Guard Bureau shall report in writing to + the Secretary of Defense and the Congress on the status of + diversity in each State, Territory, and the District of + Columbia for all ranks of the Army and Air National Guard. + ``(2) Elements.--Each report under paragraph (1) shall + include-- + ``(A) the demographics, disaggregated by State, + grade, ethnicity, race, gender, and military + occupational specialty, for-- + ``(i) accession into the National Guard; + ``(ii) the enlisted corps; + ``(iii) the commissioned officers; + ``(iv) the rate of promotion in the + promotion zone; + ``(v) the rate of promotion below the zone + for promotion; + ``(vi) the rates of retention; + ``(vii) command selection; + ``(viii) special assignments; + ``(ix) career broadening assignments; + ``(x) aides to a general officer; and + ``(xi) any other matter the Chief of the + National Guard Bureau determines appropriate; + ``(B) an analysis of assignment patterns by + ethnicity, race, and gender; + ``(C) an analysis of attitudinal survey data by + ethnicity, race, and gender; + ``(D) an assessment of the available pool of + qualified of Asian American, Native Hawaiian, Pacific + Islander, African American, Hispanic, Puerto Rican, + Native American, Alaska Native and female candidates + for pay grades O-9 and O-10; + ``(E) identification of persistent, group-specific + deviations from overall averages and plans to + investigate underlying causes; and + ``(F) summaries of progress made on previous + actions. + ``(3) Public availability.--The Chief of the National Guard + Bureau shall-- + ``(A) publish on an appropriate publicly available + website of the National Guard the reports required + under paragraph (1); and + ``(B) ensure that any data included with the report + is made available in a machine-readable format that is + downloadable, searchable, and sortable.''. + (c) Coast Guard Diversity Reporting.--Section 5101 of title 14, +United States Code is amended-- + (1) in subsection (b)-- + (A) by redesignating paragraphs (2) and (3) as + paragraphs (3) and (4), respectively; and + (B) by inserting after paragraph (1), the following + new paragraph (2): + ``(2) the goals, barriers, and status of diversity and + inclusion;''; and + (3) by adding at the end the following new subsection (c): + ``(c) Not less than once every 4 years, the Secretary shall include +in the annual request under subsection (a)-- + ``(1) the demographics, disaggregated by grade, ethnicity, + race, gender, and military occupational specialty, for-- + ``(A) accession into the Coast Guard; + ``(B) the enlisted corps; + ``(C) the commissioned officers; + ``(D) graduates of the Coast Guard Academy; + ``(E) the rate of promotion in the promotion zone; + ``(F) the rate of promotion below the zone for + promotion; + ``(G) the rates of retention; + ``(H) command selection; + ``(I) special assignments; + ``(J) career broadening assignments; + ``(K) aides to a flag officer; and + ``(L) any other matter the Secretary determines + appropriate; + ``(2) an analysis of assignment patterns by ethnicity, + race, and gender; + ``(3) an analysis of attitudinal survey data by ethnicity, + race, and gender; + ``(4) an assessment of the available pool of qualified of + Asian American, Native Hawaiian, Pacific Islander, African + American, Hispanic, Puerto Rican, Native American, Alaska + Native and female candidates for pay grades O-9 and O-10; + ``(5) identification of persistent, group-specific + deviations from overall averages and plans to investigate + underlying causes; and + ``(6) summaries of progress made on previous actions.''. + (d) Requirement To Consider Minority Officers for O-9 and O-10 +Grades.-- + (1) Army, navy, air force, marine corps, and space force.-- + Section 601 of title 10, United States Code is amended by + adding at the end the following new subsections: + ``(e) The Chairman of the Joint Chiefs of Staff shall consider all +Asian American, Native Hawaiian, Pacific Islander, African American, +Hispanic, Puerto Rican, Native American, Alaska Native and female +candidates prior to recommending to the President an initial +appointment to the grade of lieutenant general or vice admiral, or an +initial appointment to the grade of general or admiral. + ``(f) When seeking the advice and consent of the Senate under +subsection (a), the President shall submit to the Committee on Armed +Services of the Senate a certification that-- + ``(1) all Asian American, Native Hawaiian, Pacific + Islander, African American, Hispanic, Puerto Rican, Native + American, Alaska Native and female candidates were considered + for appointment; and + ``(2)(A) none of the candidates under subparagraph (A) met + the qualifications needed by an officer serving in that + position or office to carry out effectively the duties and + responsibilities of that position or office; or + ``(B) the officers in the positions designated under + subsection (a) represent the diversity of the armed forces to + the extent practicable.''. + (2) Coast guard.--Section 305(a) of title 14, United States + Code, is amended by adding at the end the following new + paragraphs: + ``(4) The Commandant shall consider all Asian American, Native +Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, +Native American, Alaska Native and female candidates prior to +recommending to the President an initial appointment to the grade of +vice admiral, or an initial appointment to the grade of admiral. + ``(5) When seeking the advice and consent of the Senate under +subsection (a), the President shall submit to the committee of the +Senate with jurisdiction over the department in which the Coast Guard +is operating a certification that-- + ``(A) all Asian American, Native Hawaiian, Pacific + Islander, African American, Hispanic, Puerto Rican, Native + American, Alaska Native and female candidates were considered + for appointment; and + ``(B)(i) none of the candidates under subparagraph (A) met + the qualifications needed by an officer serving in that + position or office to carry out effectively the duties and + responsibilities of that position or office; or + ``(ii) the officers in the positions designated under + subsection (a) represent the diversity of the armed forces to + the extent practicable.''. + +SEC. 572. ESTABLISHMENT OF DIVERSITY AND INCLUSION ADVISORY COUNCIL OF + THE DEPARTMENT OF DEFENSE. + + (a) Establishment.--Chapter 7 of title 10, United States Code, is +amended by inserting before section 187 the following: +``Sec. 186. Diversity and Inclusion Advisory Council + ``(a) Establishment.--The Secretary of the Department of Defense +(referred to in this section as the `Secretary') shall establish a +council to be known as the `Diversity and Inclusion Advisory Council of +the Department of Defense' (referred to in this section as the +`Council'). + ``(b) Duties.--The Council shall provide advice and recommendations +to the Secretary on matters concerning diversity and inclusion in the +Department of Defense, relating to the following: + ``(1) Aligning diversity and inclusion with the strategic + goals of the Department of Defense. + ``(2) Conducting strategic outreach efforts to identify, + attract, and recruit individuals that represent the demographic + diversity of the United States. + ``(3) Developing, mentoring, and retaining a diverse and + inclusive Armed Forces. + ``(4) Encouraging leadership development through diversity + and inclusion practices and processes. + ``(c) Membership.-- + ``(1) In general.--The Council shall be composed of not + fewer than 22 members, including the Federal officials and + officers specified in paragraph (2), and not fewer than 12 + members appointed by the Secretary from nongovernmental + positions described in paragraph (3). + ``(2) Federal officials and officers.--The Federal + officials and officers specified in this paragraph are the + following: + ``(A) The Chief Diversity Officer of the Department + of Defense. + ``(B) The Under Secretary of Defense for Personnel + and Readiness. + ``(C) The Chief of Staff of the Army. + ``(D) The Chief of Naval Operations. + ``(E) The Chief of Staff of the Air Force. + ``(F) The Chief of Space Operations. + ``(G) The Chief of Staff of the Air Force. + ``(H) The Commandant of the Marine Corps. + ``(I) The Commandant of the Coast Guard. + ``(J) The Chief of the National Guard Bureau. + ``(3) Nongovernmental positions.--Nongovernmental positions + described in this paragraph are the following: + ``(A) Five presidents or chancellors of + institutions of higher education, including private and + public institutions representing diverse areas of the + United States. + ``(B) Senior leaders of the defense industries of + the United States. + ``(C) Senior leaders of veterans or military + service organizations. + ``(D) Veterans (as defined in section 101 of title + 38). + ``(E) Others determined appropriate by the + Secretary. + ``(4) Timing of appointments.--Appointments to the Council + shall be made not later than four months after the date of the + enactment of this Act. + ``(5) Terms.-- + ``(A) In general.--Each member shall be appointed + for a term of two years. + ``(B) Vacancies.--Any member appointed to fill a + vacancy occurring before the expiration of the term for + which the member's predecessor was appointed shall be + appointed only for the remainder of that term. A member + may serve after the expiration of that term until a + successor has been appointed. + ``(6) Chairperson and vice chairperson.-- + ``(A) Chairperson.--The Chairperson of the Council + shall be the Chief Diversity Officer of the Department + of Defense. + ``(B) Vice chairperson.--The Vice Chairperson shall + be designated by the Secretary at the time of the + appointment of the members pursuant to paragraph (4), + and when a vacancy of the Vice Chairperson occurs, as + the case may be. + ``(d) Meeting.-- + ``(1) Meetings.--The Council shall meet not fewer than four + times each year at the call of the Chairperson or Vice + Chairperson. + ``(2) Quorum.--Twelve members of the Council, including six + appointed under subsection (c)(2) and six appointed under + subsection (c)(3), shall constitute a quorum. + ``(e) Compensation.-- + ``(1) Prohibition on compensation.--Except as provided in + paragraph (2), members of the Council may not receive + additional pay, allowances, or benefits by reason of their + service on the Council. + ``(2) Travel expenses.--Each member shall receive travel + expenses, including per diem in lieu of subsistence, in + accordance with applicable provisions under subchapter I of + chapter 57 of title 5. + ``(f) Administrative Support Services.--Upon the request of the +Council, the Secretary shall provide to the Council, on a reimbursable +basis, the administrative support services necessary for the Council to +carry out its responsibilities under this Act. + ``(g) Reports.--Not later than 180 days after the date on which the +Council holds its initial meeting under subsection (d) and annually +thereafter, the Council shall submit to the congressional defense +committees a report containing a detailed statement of the advice and +recommendations of the Council pursuant to subsection (b).''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 7 of title 10, United States Code, is amended by inserting +before the item relating to section 187 the following: + +``186. Diversity and Inclusion Advisory Council.''. + +SEC. 573. ESTABLISHMENT OF SPECIAL INSPECTOR GENERAL FOR RACIAL AND + ETHNIC DISPARITIES IN THE ARMED FORCES; AMENDMENTS TO + INSPECTOR GENERAL ACT. + + (a) Special Inspector General for Racial and Ethnic Disparities in +the Armed Forces.-- + (1) Purposes.--The purposes of this section are the + following: + (A) To provide for the independent and objective + conduct and supervision of audits and investigations + relating to racial and ethnic disparities in military + personnel and military justice systems, and white + supremacy among military personnel. + (B) To provide recommendations to the Secretary of + Defense and to Congress on actions necessary to + eliminate racial and ethnic disparities in military + personnel and military justice systems. + (2) Office of inspector general.--To carry out the purposes + of paragraph (1), there is hereby established, in the + Department of Defense, the Office of the Special Inspector + General for Racial and Ethnic Disparities in the Armed Forces. + (3) Appointment of inspector general.-- + (A) Nomination; appointment.--The head of the + Office of the Special Inspector General for Racial and + Ethnic Disparities is the Special Inspector General for + Racial and Ethnic Disparities (in this section referred + to as the ``Inspector General''), who shall be + appointed by the President, by and with the advice and + consent of the Senate. + (B) Qualifications.--The appointment of the + Inspector General shall be made solely on the basis of + integrity and demonstrated ability in accounting, + auditing, financial analysis, law, management analysis, + public administration, or investigations. + (C) Deadline for nomination.--The nomination of an + individual as Inspector General shall be made not later + than 90 days after the date of the enactment of this + Act. + (D) Compensation.--The annual rate of basic pay of + the Inspector General shall be the annual rate of basic + pay provided for positions at level IV of the Executive + Schedule under section 5315 of title 5, United States + Code. + (E) Prohibition on political activities.--For + purposes of section 7324 of title 5, United States + Code, the Inspector General shall not be considered an + employee who determines policies to be pursued by the + United States in the nationwide administration of + Federal law. + (F) Removal.--The Inspector General shall be + removable from office in accordance with the provisions + of section 3(b) of the Inspector General Act of 1978 (5 + U.S.C. App.). + (4) Assistant inspectors general.--The Inspector General + shall, in accordance with applicable laws and regulations + governing the civil service, appoint an Assistant Inspector + General for Military Justice who shall have the responsibility + for auditing and investigation activities relating to racial + and ethnic disparities within the military justice system. + (5) Supervision.-- + (A) In general.--Except as provided in subparagraph + (B), the Inspector General shall report directly to, + and be under the general supervision of the Secretary + of Defense. + (B) Independence to conduct investigations and + audits.--No officer of the Department of Defense shall + prevent or prohibit the Inspector General from + initiating, carrying out, or completing any audit or + investigation related to racial and ethnic disparities + or from issuing any subpoena during the course of any + such audit or investigation. + (6) Duties.-- + (A) Oversight of military justice.--It shall be the + duty of the Inspector General to conduct, supervise, + and coordinate audits and investigations of-- + (i) the effect of military justice policies + and practices on racial and ethnic disparities, + including overrepresentation of minorities in + actions related to investigations, courts- + martial, nonjudicial punishments, and other + military justice actions as determined by the + Inspector General; + (ii) the effect of military personnel + policies and practices, including recruiting, + accessions, and promotions, on racial and + ethnic disparities, including + underrepresentation of minorities among members + of the Armed Forces under the jurisdiction of + the Secretary of a military department in + grades above E-7; + (iii) the scope and efficacy of existing + diversity and inclusion offices and programs + within the Department of Defense; and + (iv) white supremacist activities among + military personnel and any other issues, + determined by the Inspector General, necessary + to address racial and ethnic disparities within + the Armed Forces under the jurisdiction of the + Secretary of a military department. + (B) Other duties related to oversight.--The + Inspector General shall establish, maintain, and + oversee such systems, procedures, and controls as the + Inspector General considers appropriate to discharge + the duties under subparagraph (A). + (C) Duties and responsibilities under inspector + general act of 1978.--In addition to the duties + specified in subparagraphs (A) and (B), the Inspector + General shall also have the duties and responsibilities + of inspectors general under the Inspector General Act + of 1978. + (D) Coordination of efforts.--In carrying out the + duties, responsibilities, and authorities of the + Inspector General under this section, the Inspector + General shall coordinate with, and receive the + cooperation of each of the following: + (i) The Inspector General of the Department + of Defense. + (ii) The Inspector General of the Army. + (iii) The Inspector General of the Navy. + (iv) The Inspector General of the Air + Force. + (7) Powers and authorities.-- + (A) Authorities under inspector general act of + 1978.--In carrying out the duties specified in + paragraph (6), the Inspector General shall have the + authorities provided in section 6 of the Inspector + General Act of 1978. + (B) Audit standards.--The Inspector General shall + carry out the duties specified in paragraph (6)(A) in + accordance with section 4(b)(1) of the Inspector + General Act of 1978. + (8) Personnel, facilities, and other resources.-- + (A) Personnel.--The Inspector General may select, + appoint, and employ such officers and employees as may + be necessary for carrying out the duties of the + Inspector General, subject to the provisions of title + 5, United States Code, governing appointments in the + competitive service, and the provisions of chapter 51 + and subchapter III of chapter 53 of such title, + relating to classification and General Schedule pay + rates. + (B) Employment of experts and consultants.--The + Inspector General may obtain services as authorized by + section 3109 of title 5, United States Code, at daily + rates not to exceed the equivalent rate prescribed for + grade GS-15 of the General Schedule by section 5332 of + such title. + (C) Contracting authority.--To the extent and in + such amounts as may be provided in advance by + appropriations Acts, the Inspector General may enter + into contracts and other arrangements for audits, + studies, analyses, and other services with public + agencies and with private persons, and make such + payments as may be necessary to carry out the duties of + the Inspector General. + (D) Resources.--The Secretary of Defense, as + appropriate, shall provide the Inspector General with + appropriate and adequate office space at appropriate + locations of the Department of Defense, together with + such equipment, office supplies, and communications + facilities and services as may be necessary for the + operation of such offices, and shall provide necessary + maintenance services for such offices and the equipment + and facilities located therein. + (E) Assistance from federal agencies.-- + (i) In general.--Upon request of the + Inspector General for information or assistance + from any department, agency, or other entity of + the Federal Government, the head of such entity + shall, insofar as is practicable and not in + contravention of any existing law, furnish such + information or assistance to the Inspector + General, or an authorized designee. + (ii) Reporting of refused assistance.-- + Whenever information or assistance requested by + the Inspector General is, in the judgment of + the Inspector General, unreasonably refused or + not provided, the Inspector General shall + report the circumstances to the Secretary of + Defense, as appropriate, and to the appropriate + congressional committees without delay. + (9) Reports.-- + (A) Quarterly reports.--Not later than 30 days + after the end of each fiscal-year quarter, the + Inspector General shall submit quarterly reports to the + Secretary of Defense and the congressional defense + committees summarizing the activities of the Inspector + General for the previous quarter. + (B) Annual reports.--The Inspector General shall + submit annual reports to the Secretary of Defense and + the congressional defense committees presenting + recommendations for changes to policy, practice, + regulation, and statute to eliminate disparities within + the military personnel and military justice systems and + to eliminate white supremacist activities among + military personnel. Each such report shall include an + accounting and detailing of every incident of white + supremacist activity documented in the Department of + Defense. + (C) Occasional reports.--The Inspector General + shall, from time to time, submit additional reports + containing findings and recommendations at the + discretion of the Inspector General. + (D) Online publication.--The Inspector General + shall publish each report under this paragraph on a + publicly available website not later than 7 days after + submission to the Secretary of Defense and the + congressional defense committees. + (10) Funding.--This section shall be carried out using not + more than $10,000,000 of funds authorized to be appropriated in + this Act for Operation and Maintenance, Defense-wide, and no + additional amounts are authorized to be appropriated to carry + out this section. + (b) Amendments to the Inspector General Act.--The Inspector General +Act of 1978 (5 U.S.C. App.) is amended-- + (1) in section 3(b)-- + (A) by inserting ``(1)'' before ``An Inspector + General''; + (B) by inserting after the first sentence the + following: ``An Inspector General may only be removed + by the President before the expiration of the term of + the Inspector General for permanent incapacity, neglect + of duty, malfeasance, conviction of a felony or conduct + involving moral turpitude, knowing violation of a law, + gross mismanagement, gross waste of funds, or abuse of + authority.''; and + (C) by adding at the end the following new + paragraphs: + ``(2) If an Inspector General is removed by the President under +paragraph (1) fewer than 30 days after the President has communicated +in writing the reasons for such removal pursuant to paragraph (1), the +Inspector General shall submit to the Council of the Inspectors General +on Integrity and Efficiency a report that includes the following +information: + ``(A) A description of the facts and circumstances of each + investigation involving a senior government employee (as + defined in section 5 of this Act) being conducted by that + Inspector General at the time of such removal. + ``(B) Any other matter that the Inspector General + determines to include. + ``(3) Any individual serving as the head of an Office of Inspector +General, after the removal of an Inspector General under paragraph (1), +shall issue to the Council of the Inspectors General on Integrity and +Efficiency a report identifying any instances in which an investigation +or matter described in paragraph (2) is closed prior to its completion, +with a description of the reasons for closing the investigation or +matter.''; and + (2) in section 8G(e), by adding at the end the following + new paragraph: + ``(3) In the event of the removal of an Inspector General, the +Council of the Inspectors General on Integrity and Efficiency shall-- + ``(A) investigate the reasons for removal provided by the + President; + ``(B) publish a report including the determination of the + Council whether the reasons described in subparagraph (A) are + in accordance with the relevant provisions relating to for + cause removal; + ``(C) review any investigation that was being conducted by + the Inspector General at the time of such removal; and + ``(D) submit, to the congressional committees the Council + determine to be relevant, a report that includes the + determination of the Council whether an investigation described + in subparagraph (C) motivated such removal.''. + +SEC. 574. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, AND SUPREMACISM IN + WORKPLACE SURVEYS ADMINISTERED BY THE SECRETARY OF + DEFENSE. + + Section 593 of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92) is amended, in paragraph (1), by +inserting ``, racist, xenophobic, anti-Semitic, or supremacist'' after +``extremist''. + +SEC. 575. REPORT ON DEMOGRAPHICS OF OFFICERS APPOINTED TO CERTAIN + GRADES. + + Not later than the first October 1 to occur after the date of the +enactment of this Act, and annually thereafter, each Secretary of a +military department shall submit to the Committees on Armed Services of +the Senate and House of Representatives a report summarizing the gender +and race of each individual who received an appointment under section +531 or 601 of title 10, United States Code, during the immediately +preceding fiscal year. + +SEC. 576. PLANS TO INCREASE FEMALE AND MINORITY REPRESENTATION IN THE + ARMED FORCES. + + (a) Plans Required.--The Secretary of Defense and each Secretary of +a military department shall develop plans to increase, with respect to +female and minority members of the Armed Forces and cadets or +midshipmen under the jurisdiction of that Secretary, the following: + (1) Recruitment. + (2) Retention. + (3) Representation in grades above E-7. + (b) Elements.--Each plan developed under this section shall include +clearly defined goals, performance measures, and timeframes. + (c) Goals.--A goal under subsection (b) shall be to exceed, by not +less than 100 percent, the rate at which the number of members +described in subsection (a)(3) increased during the 5 years immediately +preceding the date of the enactment of this Act. + (d) Submittal.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense and each Secretary of a +military department shall submit to the committees on Armed Services of +the Senate and the House of Representatives a copy of each plan +developed under this section by that Secretary. + (e) Report.--Three months after submitting a plan under subsection +(d) and quarterly thereafter for 5 years, the Secretary of Defense and +each Secretary of a military department shall submit to the committees +on Armed Services of the Senate and the House of Representatives a +report indicating the number of female and minority members in grades +above E-7 in each Armed Force under the jurisdiction of that Secretary. + +SEC. 577. EVALUATION OF BARRIERS TO MINORITY PARTICIPATION IN CERTAIN + UNITS OF THE ARMED FORCES. + + (a) Study Required.-- + (1) In general.--Not later than 30 days after the date of + the enactment of this Act, the Under Secretary of Defense for + Personnel and Readiness shall seek to enter into an agreement + with a federally funded research and development center with + relevant expertise to conduct an evaluation of the barriers to + minority participation in covered units of the Armed Forces. + (2) Elements.--The evaluation required under paragraph (1) + shall include the following elements: + (A) A description of the racial, ethnic, and gender + composition of covered units. + (B) A comparison of the participation rates of + minority populations in covered units to participation + rates of the general population as members and as + officers of the Armed Forces. + (C) A comparison of the percentage of minority + officers in the grade of O-7 or higher who have served + in each covered unit to such percentage for all such + officers in the Armed Force of that covered unit. + (D) An identification of barriers to minority + (including English language learners) participation in + the recruitment, accession, assessment, and training + processes. + (E) The status and effectiveness of the response to + the recommendations contained in the report of the RAND + Corporation titled ``Barriers to Minority Participation + in Special Operations Forces'' and any follow-up + recommendations. + (F) Recommendations to increase the numbers of + minority officers in the Armed Forces. + (G) Recommendations to increase minority + participation in covered units. + (H) Any other matters the Secretary determines + appropriate. + (3) Report to congress.--The Secretary shall-- + (A) submit to the congressional defense committees + a report on the results of the study by not later than + January 1, 2022; and + (B) provide interim briefings to such committees + upon request. + (b) Designation.--The study conducted under subsection (a) shall be +known as the ``Study on Reducing Barriers to Minority Participation in +Elite Units in the Armed Services''. + (c) Implementation Required.-- + (1) In general.--Except as provided in paragraph (2), not + later than March 1, 2023, the Secretary of Defense shall + commence the implementation of each recommendation included in + the final report submitted under subsection (a)(3). + (2) Exceptions.-- + (A) Delayed implementation.--The Secretary of + Defense may commence implementation of a recommendation + described paragraph (1) later than March 1, 2023, if-- + (i) the Secretary submits to the + congressional defense committees, not later + than January 1, 2023, written notice of the + intent of the Secretary to delay implementation + of the recommendation; and + (ii) includes, as part of such notice, a + specific justification for the delay in + implementing the recommendation. + (B) Nonimplementation.--The Secretary of Defense + may elect not to implement a recommendation described + in paragraph (1), if-- + (i) the Secretary submits to the + congressional defense committees, not later + than January 1, 2023, written notice of the + intent of the Secretary not to implement the + recommendation; and + (ii) includes, as part of such notice-- + (I) the reasons for the Secretary's + decision not to implement the + recommendation; and + (II) a summary of alternative + actions the Secretary will carry out to + address the purposes underlying the + recommendation. + (3) Implementation plan.--For each recommendation that the + Secretary implements under this subsection, the Secretary shall + submit to the congressional defense committees an + implementation plan that includes-- + (A) a summary of actions the Secretary has carried + out, or intends to carry out, to implement the + recommendation; and + (B) a schedule, with specific milestones, for + completing the implementation of the recommendation. + (d) Covered Units Defined.--In this section, the term ``covered +units'' means the following: + (1) Army Special Forces. + (2) Army Rangers. + (3) Navy SEALs. + (4) Air Force Combat Control Teams. + (5) Air Force Pararescue. + (6) Air Force Special Reconnaissance. + (7) Marine Raider Regiments. + (8) Marine Corps Force Reconnaissance. + (9) Coast Guard Maritime Security Response Team. + (10) Any other forces designated by the Secretary of + Defense as special operations forces. + (11) Pilot and navigator military occupational specialties. + +SEC. 578. REPORT TO CONGRESS ON EFFORTS TO INCREASE DIVERSITY AND + REPRESENTATION IN FILM, TELEVISION, AND PUBLISHING. + + (a) Promulgation of Policy.--The Secretary of Defense and each +Secretary of a military department shall promulgate a policy to +promote, to the maximum extent possible, the depiction of marginalized +communities in projects with the film, television, and publishing +industries carried out through the respective offices of public +affairs. + (b) Consideration of Depiction of Certain Communities.--The +Secretary of Defense and each Secretary of a military department shall +consider the promotion of a marginalized community as an affirmative +factor in any decision to provide assistance to a production studio or +publishing company through the respective offices of public affairs. + (c) Report to Congress.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense, in coordination +with each Secretary of a military department, shall submit to the +congressional defense committees a report on-- + (1) the policies promulgated under subsection (a); and + (2) the activities carried out by the Secretary of Defense + and each such Secretary of a military department pursuant to + such subsection. + (d) Definition of Marginalized Community.--In this section, the +term ``marginalized community'' means a community-- + (1) that is (or historically was) under-represented in the + film, television, and publishing industries, including-- + (A) women; + (B) racial and ethnic minorities; + (C) individuals with disabilities; + (D) members of the LGBTQ community; + (E) individuals of all ages; and + (F) other individuals from under-represented + communities; and + (2) whose members have served in the Armed Forces. + +SEC. 579. PLAN TO IMPROVE RESPONSES TO PREGNANCY AND CHILDBIRTH BY + MEMBERS OF THE ARMED FORCES AND EMPLOYEES OF THE + DEPARTMENT OF DEFENSE. + + (a) Plan Required.--The Secretary of Defense, in coordination with +the Secretaries of the military departments, shall develop a plan to +ensure that the career of a covered individual is not unduly affected +because of being a covered individual. The plan shall address the +following policy considerations: + (1) Enforcement and implementation of the Pregnancy + Discrimination Act (Public Law 95-555; 42 U.S.C. 2000e(k)) by + the Department of Defense and the Equal Employment Opportunity + Commission with regards to civilian employees of the Department + of Defense. + (2) The need for individual determinations regarding the + ability of members of the Armed Forces to serve during and + after pregnancy. + (3) Responses to the effects specific to covered + individuals who reintegrate into home life after deployment. + (4) Pregnancy discrimination training, including + comprehensive education of new policies to diminish stigma, + stereotypes, and negative perceptions regarding covered + individuals, including with regards to commitment to the Armed + Forces and abilities. + (5) Opportunities to maintain readiness when positions are + unfilled due to pregnancy, medical conditions arising from + pregnancy or childbirth, pregnancy convalescence, or parental + leave. + (6) Reasonable accommodations for covered individuals in + general and specific accommodations based on career field or + military occupational specialty. + (7) Reissuing school enrollments or special assignments to + covered individuals. + (8) Extended assignments and performance reporting periods + for covered individuals. + (9) A mechanism by which covered individuals may report + harassment or discrimination, including retaliation, relating + to being a covered individual. + (b) Report on Plan.--Not later than 90 days after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees a report detailing the plan required under this +section and a strategy to implement the plan. + (c) Implementation.--Not later than 2 years after the date of the +enactment of this Act, the Secretary of Defense shall-- + (1) complete implementation of the plan under this section; + and + (2) submit to the congressional defense committees a report + detailing the research performed, considerations, and policy + changes implemented under this section. + (d) Covered Individual Defined.--In this section, the term +``covered individual'' means a member of the Armed Forces or employee +of the Department of Defense who-- + (1) is pregnant; + (2) gives birth to a child; or + (3) incurs a medical condition arising from pregnancy or + childbirth. + + Subtitle I--Decorations and Awards + +SEC. 581. ESTABLISHMENT OF THE ATOMIC VETERANS SERVICE MEDAL. + + (a) Service Medal Required.--The Secretary of Defense shall design +and produce a military service medal, to be known as the ``Atomic +Veterans Service Medal'', to honor retired and former members of the +Armed Forces who are radiation-exposed veterans (as such term is +defined in section 1112(c)(3) of title 38, United States Code). + (b) Distribution of Medal.-- + (1) Issuance to retired and former members.--At the request + of a radiation-exposed veteran, the Secretary of Defense shall + issue the Atomic Veterans Service Medal to the veteran. + (2) Issuance to next-of-kin.--In the case of a radiation- + exposed veteran who is deceased, the Secretary may provide for + issuance of the Atomic Veterans Service Medal to the next-of- + kin of the person. + (3) Application.--The Secretary shall prepare and + disseminate as appropriate an application by which radiation- + exposed veterans and their next-of-kin may apply to receive the + Atomic Veterans Service Medal. + +SEC. 582. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED-SERVICE CROSS + FOR RAMIRO F. OLIVO FOR ACTS OF VALOR DURING THE VIETNAM + WAR. + + (a) Authorization.--Notwithstanding the time limitations specified +in section 7274 of title 10, United States Code, or any other time +limitation with respect to the awarding of certain medals to persons +who served in the United States Armed Forces, the President of the +United States is authorized to award the Distinguished-Service Cross +under section 7272 of such title to Ramiro F. Olivo for the acts of +valor during the Vietnam War described in subsection (b). + (b) Acts of Valor Described.--The acts of valor described in this +subsection are the actions of Ramiro F. Olivo on May 9, 1968, as a +member of the Army while serving in the Republic of Vietnam with +Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division. + +SEC. 583. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR VIETNAM + SERVICE MEDAL. + + The Secretary of the military department concerned may, upon the +application of an individual who is a veteran who participated in +Operation End Sweep, award that individual the Vietnam Service Medal. + + Subtitle J--Miscellaneous Reports and Other Matters + +SEC. 591. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE PROGRAM. + + (a) In General.--Section 2193b of title 10, United States Code, is +amended-- + (1) in the section heading, by striking ``science, + mathematics, and technology'' and inserting ``science, + technology, engineering, art and design, and mathematics''; + (2) in subsection (a), by striking ``science, mathematics, + and technology'' and inserting ``science, technology, + engineering, art and design, and mathematics''; and + (3) in subsection (b), by striking ``mathematics, science, + and technology'' and inserting ``science, technology, + engineering, art and design, and mathematics''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 111 of title 10, United States Code, is amended by striking the +item relating to section 2193b and inserting the following new item: + +``2193b. Improvement of education in technical fields: program for + support of elementary and secondary + education in science, technology, + engineering, art and design, and + mathematics.''. + +SEC. 592. INCLUSION OF CERTAIN OUTLYING AREAS IN THE DEPARTMENT OF + DEFENSE STARBASE PROGRAM. + + Section 2193b(h) of title 10, United States Code, is amended by +inserting ``the Commonwealth of the Northern Mariana Islands, American +Samoa,'' before ``and Guam''. + +SEC. 593. PROHIBITION ON CHARGING FOR OR COUNTING CERTAIN ACRONYMS ON + HEADSTONES OF INDIVIDUALS INTERRED AT ARLINGTON NATIONAL + CEMETERY. + + The Secretary of the Army shall prescribe regulations or establish +policies that, with regards to the headstone for an individual interred +at Arlington National Cemetery, prohibit the charging of a fee for, or +counting towards character or line count, the following acronyms: + (1) ``KIA'' for an individual killed in action. + (2) ``MIA'' for an individual who was missing in action. + (3) ``POW'' for an individual who was a prisoner of war. + +SEC. 594. REPORT ON PLACEMENT OF MEMBERS OF THE ARMED FORCES IN + ACADEMIC STATUS WHO ARE VICTIMS OF SEXUAL ASSAULT ONTO + NON-RATED PERIODS. + + Not later than 90 days after the date of the enactment of this Act, +the Secretary of Defense shall submit to the Committees on Armed +Services of the Senate and the House of Representatives a report on the +feasibility and advisability, and current practice (if any), of the +Department of Defense of granting requests by members of the Armed +Forces who are in academic status (whether at the military service +academies or in developmental education programs) and who are victims +of sexual assault to be placed on a Non-Rated Period for their +performance report. + +SEC. 595. SENSE OF CONGRESS REGARDING ADVERTISING RECRUITING EFFORTS. + + It is the sense of Congress that the Chiefs of the Armed Forces, in +coordination with the Recruiting Commands of the Armed Forces, should +give all due consideration to the use of local broadcasting and +traditional news publishers when advertising. + +SEC. 596. STUDY ON FINANCIAL IMPACTS OF COVID-19 ON MEMBERS OF THE + ARMED FORCES AND BEST PRACTICES TO PREVENT FUTURE + FINANCIAL HARDSHIPS. + + (a) Study.--The Secretary of Defense shall conduct a study on the +financial hardships experienced by members of the Armed Forces +(including the reserve components) as a result of the COVID-19 +pandemic. + (b) Elements.--The study shall-- + (1) examine the financial hardships members of the Armed + Forces experience as a result of the COVID-19 pandemic, + including the effects of stop movement orders, loss of spousal + income, loss of hazardous duty incentive pay, school closures, + loss of childcare, loss of educational benefits, loss of drill + and exercise pay, cancelled deployments, and any additional + financial stressors identified by the Secretary; + (2) recommend best practices to provide assistance for + members of the Armed Forces experiencing the financial + hardships listed in paragraph (1); and + (3) identify actions that can be taken by the Secretary to + prevent financial hardships listed in paragraph (1) from + occurring in the future. + (c) Consultation and Coordination.--For the purposes of the study, +the Secretary shall-- + (1) consult with the Director of the Consumer Financial + Protection Bureau; and + (2) with respect to members of the Coast Guard, coordinate + with the Secretary of Homeland Security. + (d) Submission.--Not later than 120 days after the date of the +enactment of this Act, the Secretary shall submit to the appropriate +congressional committees a report on the study under subsection (a). + (e) Definitions.--In this section-- + (1) the term ``financial hardship'' means a loss of income + or an unforeseen expense as a result of closures and changes in + operations in response to the COVID-19 pandemic; and + (2) the term ``appropriate congressional committees'' means + the Committees on Armed Services of the Senate and House of + Representatives. + +SEC. 597. SENSE OF CONGRESS HONORING THE DOVER AIR FORCE BASE, + DELAWARE, HOME TO THE 436TH AIRLIFT WING, THE 512TH + AIRLIFT WING, AND THE CHARLES C. CARSON CENTER FOR + MORTUARY AFFAIRS. + + (a) Findings.--Congress find the following: + (1) The Dover Air Force Base is home more than 4,000 + active-duty military and civilian employees tasked with + defending the United States of America. + (2) The Dover Air Force Base supports the mission of the th + Airlift Wing, known as ``Eagle Wing'' and the 512th Airlift + Wing, known as Liberty Wing. + (3) The ``Eagle Wing'' serves as a unit of the Eighteenth + Air Force headquartered with the Air Mobility Command at Scott + Air Force Base in Illinois. + (4) The ``Eagle Wing'' flies hundreds of missions + throughout the world and provides a quarter of the United + States' strategic airlift capability and boasts a global reach + to over 100 countries around the world. + (5) The Dover Air Force Base houses incredible aircrafts + utilized by the United States Air Force, including the C-5M + Super Galaxy and C-17A Globemaster III aircraft. + (6) The Dover Air Force Base operates the largest and + busiest air freight terminal in the Department of Defense, + fulfilling an important role in our Nation's military. + (7) The Air Mobility Command Museum is located on the Dover + Air Force base and welcomes thousands of visitors each year to + learn more about the United States Air Force. + (8) The Charles C. Carson Center for Mortuary Affairs + fulfills our Nation's sacred commitment of ensuring dignity, + honor and respect to the fallen and care service and support to + their families. + (9) The mortuary mission at Dover Air Force Base dates back + to 1955 and is the only Department of Defense mortuary in the + continental United States. + (10) Service members who serve at the Center for Mortuary + Affairs are often so moved by their work that they voluntarily + elect to serve multiple tours because they feel called to serve + our fallen heroes. + (b) Sense of Congress.--Congress-- + (1) honors and expresses sincerest gratitude to the women + and men of the Dover Air Force Base for their distinguished + service; + (2) acknowledges the incredible sacrifice and service of + the families of active duty members of the United States + military; + (3) encourages the people of the United States to keep in + their thoughts and their prayers the women and men of the + United States Armed Forces; and + (4) recognizes the incredibly unique and important work of + the Air Force Mortuary Affairs Operations and the role they + play in honoring our fallen heroes. + +SEC. 598. GAO STUDY OF WOMEN INVOLUNTARILY SEPARATED OR DISCHARGED DUE + TO PREGNANCY OR PARENTHOOD. + + (a) Study Required.--Not later than September 30, 2021, the +Comptroller General of the United States shall conduct a study +regarding women involuntarily separated or discharged from the Armed +Forces due to pregnancy or parenthood during the period of 1951 through +1976. The study shall identify-- + (1) the number of such women, disaggregated by-- + (A) Armed Force; + (B) grade; + (C) race; and + (D) ethnicity; + (2) the characters of such discharges or separations; + (3) discrepancies in uniformity of such discharges or + separations; + (4) how such discharges or separations affected access of + such women to health care and benefits through the Department + of Veterans Affairs; and + (5) recommendations for improving access of such women to + resources through the Department of Veterans Affairs. + (b) Report.--Not later than 30 days after completing the study +under subsection (a), the Comptroller General shall submit to Congress +a report containing the results of that study. + +SEC. 599. REPORT REGARDING TRANSPORTATION OF REMAINS OF CERTAIN + DECEDENTS BY THE SECRETARY OF A MILITARY DEPARTMENT. + + (a) Report Required.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Defense shall submit a report +to Congress regarding the transportation of the remains of decedents +under the jurisdiction of the Secretary of a military department +pursuant to section 1481 of title 10, United States Code. + (b) Elements.--The report under this section shall include the +following: + (1) Whether the Secretary of Defense maintains of a list or + database of airports that accept remains of decedents. + (2) How information in the list or database described in + paragraph (1) is transmitted to casualty assistance call + officers. + (3) Regulations and guidance prescribed by the Secretary of + Defense or Secretaries of the military departments regarding + transportation of the remains of decedents. + (4) Any changes made during 2020 to regulations or guidance + described in paragraph (3) by the Secretary of the Navy. + (5) Recommendations of the Secretary of Defense to improve + regulations or guidance described in paragraph (3). + +SEC. 599A. POSTPONEMENT OF CONDITIONAL DESIGNATION OF EXPLOSIVE + ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH OF THE ARMY. + + Section 582(b) of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 763 note) is amended-- + (1) in paragraph (1), by striking ``October 1, 2020'' and + inserting ``October 1, 2025''; and + (2) in paragraph (2)-- + (A) in the matter preceding subparagraph (A), by + striking ``September 30, 2020'' and inserting + ``September 30, 2025''; + (B) in subparagraph (B), by inserting ``, the + explosive ordnance disposal commandant (chief of + explosive ordnance disposal),'' before ``qualified''; + and + (C) by adding at the end the following new + subparagraph: + ``(G) The explosive ordnance disposal commandant + (chief of explosive ordnance disposal) has ensured that + explosive ordnance disposal soldiers have the mobility + skills necessary to support special operations forces + (as identified in section 167(j) of title 10, United + States Code). Such skills include airborne, air + assault, combat diver, fast roping insertion and + extraction, helocasting, military free-fall, and off- + road driving.''. + +SEC. 599B. ANNUAL REPORT REGARDING COST OF LIVING FOR MEMBERS AND + EMPLOYEES OF THE DEPARTMENT OF DEFENSE. + + Section 136 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(e) The Under Secretary of Defense for Personnel and Readiness +shall submit annually to the Committees on Armed Services of the Senate +and House of Representatives a report containing an analysis of the +costs of living, nationwide, for-- + ``(1) members of the Armed Forces on active duty; and + ``(2) employees of the Department of Defense.''. + +SEC. 599C. REPORT ON PRESERVATION OF THE FORCE AND FAMILY PROGRAM OF + UNITED STATES SPECIAL OPERATIONS COMMAND. + + (a) Report Required.--Not later than March 1, 2021, the Commander +of United States Special Operations Command shall submit to the +Committees on Armed Services of the Senate and House of Representatives +a report on the Preservation of the Force and Family Program of United +States Special Operations Command (in this section referred to as the +``Program''). + (b) Elements.--The report under this section shall include the +following: + (1) The current structure of professional staff employed by + the Program. + (2) A comparison of the current mission requirements and + the capabilities of existing personnel of the Program. + (3) An analysis of any emergent needs or skill sets of the + Program. + (4) A cost-benefit analysis of hiring, as specialists-- + (A) contractors; + (B) civilian personnel of the Department of + Defense; or + (C) members of the Armed Forces. + +SEC. 599D. GAO STUDY OF MEMBERS ABSENT WITHOUT LEAVE OR ON UNAUTHORIZED + ABSENCE. + + (a) Study; Report.--Not later than September 30, 2021, the +Comptroller General of the United States shall submit to the Committees +on Armed Services of the Senate and House of Representatives a report +containing the results of a study regarding how the Armed Forces handle +cases of members absent without leave or on unauthorized absence. + (b) Elements.--The study under this section shall include the +following: + (1) The procedures and guidelines established by each Armed + Force for the investigation of such a case. + (2) The guidelines for distinguishing between-- + (A) common cases; + (B) cases that may involve foul play or accident; + and + (C) cases wherein the member may be in danger. + (3) The current guidelines for cooperation and coordination + between military investigative agencies and-- + (A) local law enforcement agencies; and + (B) Federal law enforcement agencies. + (4) The current guidelines for use of traditional and + social media in conjunction with such cases. + (5) Military resources available for such cases and any + apparent shortfalls in such resources. + (6) How the procedures for such cases vary between Armed + Forces. + (7) How the procedures described in paragraph (6) vary from + procedures used by local and Federal law enforcement. + (8) Best practices for responding to and investigating such + cases. + (9) Any other matter the Comptroller General determines + appropriate. + + TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS + + Subtitle A--Pay and Allowances + +SEC. 601. INCREASE IN BASIC PAY. + + Effective on January 1, 2021, the rates of monthly basic pay for +members of the uniformed services are increased by 3.0 percent. + +SEC. 602. BASIC NEEDS ALLOWANCE FOR LOW-INCOME REGULAR MEMBERS. + + (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 regular members + ``(a) Allowance Required.--(1) Subject to paragraph (2), the +Secretary of Defense shall pay to each covered member a basic needs +allowance in the amount determined for such member under subsection +(b). + ``(2) In the event a household contains two or more covered members +entitled to receive the allowance under this section in a given year, +only one allowance may be paid for that year to a covered member among +such covered members whom such covered members shall jointly elect. + ``(b) Amount of Allowance for a Covered Member.--(1) The amount of +the monthly allowance payable to a covered member under subsection (a) +for a year shall be the aggregate amount equal to-- + ``(A) the aggregate amount equal to-- + ``(i) 130 percent of the Federal poverty guidelines of the + Department of Health and Human Services for the location and + number of persons in the household of the covered member for + such year; minus + ``(ii) the gross household income of the covered member + during the preceding year; and + ``(B) divided by 12. + ``(2) The monthly allowance payable to a covered member for a year +shall be payable for each of the 12 months following March of such +year. + ``(c) Notice of Eligibility.--(1)(A) Not later than December 31 +each year, the Director of the Defense Finance and Accounting Service +shall notify, in writing, each individual whom the Director estimates +will be a covered member during the following year of the potential +entitlement of that individual to the allowance described in subsection +(a) for that following year. + ``(B) The preliminary notice under subparagraph (A) shall include +information regarding financial management and assistance programs +administered by the Secretary of Defense for which a covered member is +eligible. + ``(2) Not later than January 31 each year, each individual who +seeks 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 individual is a +covered member for such year. + ``(3) Not later than February 28 each year, the Director shall +notify, in writing, each individual the Director determines to be a +covered member for such year. + ``(d) Election Not To Receive Allowance.--(1) A covered member +otherwise entitled to receive the allowance under 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) A covered 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. + ``(e) Definitions.--In this section: + ``(1) The term `covered member' means a regular member of + an armed force under the jurisdiction of the Secretary of a + military department-- + ``(A) who has completed initial entry training; + ``(B) whose gross household income during the most + recent year did not exceed an amount equal to 130 + percent of the Federal poverty guidelines of the + Department of Health and Human Services for the + location and number of persons in the household of the + covered member for such year; and + ``(C) who does not elect under subsection (d) not + to receive the allowance for such year. + ``(2) The term `gross household income' of a covered member + for a year for purposes of paragraph (1)(B) does not include + any basic allowance for housing received by the covered member + (and any dependents of the covered member in the household of + the covered member) during such year under section 403 of this + title. + ``(f) Regulations.--The Secretary of Defense shall prescribe +regulations for the administration of this section. Subject to +subsection (e)(2), such regulations shall specify the income to be +included in, and excluded from, the gross household income of +individuals 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 regular members.''. + +SEC. 603. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN TRAVEL AND + TRANSPORTATION ALLOWANCES. + + (a) Per Diem for Duty Outside the Continental United States.-- + (1) Transfer to chapter 7.--Section 475 of title 37, United + States Code, is transferred to chapter 7 of such title, + inserted after section 403b, and redesignated as section 405. + (2) Repeal of termination provision.--Section 405 of title + 37, United States Code, as added by paragraph (1), is amended + by striking subsection (f). + (b) Allowance for Funeral Honors Duty.-- + (1) Transfer to chapter 7.--Section 495 of title 37, United + States Code, is transferred to chapter 7 of such title, + inserted after section 433a, and redesignated as section 435. + (2) Repeal of termination provision.--Section 435 of title + 37, United States Code, as added by paragraph (1), is amended + by striking subsection (c). + (c) Clerical Amendments.-- + (1) Chapter 7.--The table of sections at the beginning of + chapter 7 of title 37, United States Code, is amended-- + (A) by inserting after the item relating to section + 403b the following new item: + +``405. Travel and transportation allowances: per diem while on duty + outside the continental United States.''; + and + (B) by inserting after the item relating to section + 433a the following new item: + +``435. Funeral honors duty: allowance.''. + (2) Chapter 8.--The table of sections at the beginning of + chapter 8 of title 37, United States Code, is amended by + striking the items relating to sections 475 and 495. + +SEC. 604. SINGLE MILITARY HOUSING AREA FOR EACH MUNICIPALITY WITH A + POPULATION GREATER THAN 500,000. + + Section 403(b)(2) of title 37, United States Code is amended-- + (1) in the first sentence, by inserting ``(A)'' before + ``The Secretary''; and + (2) by adding at the end the following: + ``(B) No municipality with a population greater than 500,000 may be +covered by more than one military housing area.''. + +SEC. 605. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO INCLUDE + FARES AND TOLLS. + + Section 452(c)(1) of title 37, United States Code, is amended by +inserting ``(including fares and tolls, without regard to distance +travelled)'' after ``transportation''. + +SEC. 606. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES FOR + MATERNITY LEAVE TAKEN BY MEMBERS OF THE RESERVE + COMPONENTS. + + (a) Compensation.--Section 206(a) of title 37, United States Code, +is amended-- + (1) in paragraph (2), by striking ``or'' at the end; + (2) in paragraph (3), by striking the period at the end and + inserting ``; or''; and + (3) by adding at the end the following new paragraph: + ``(4) for each of 6 days for each period during which the + member is on maternity leave.''. + (b) Credit for Retired Pay Purposes.-- + (1) In general.--The period of maternity leave taken by a + member of the reserve components of the Armed Forces in + connection with the birth of a child shall count toward the + member's entitlement to retired pay, and in connection with the + years of service used in computing retired pay, under chapter + 1223 of title 10, United States Code, as 12 points. + (2) Separate credit for each period of leave.--Separate + crediting of points shall accrue to a member pursuant to this + subsection for each period of maternity leave taken by the + member in connection with a childbirth event. + (3) When credited.--Points credited a member for a period + of maternity leave pursuant to this subsection shall be + credited in the year in which the period of maternity leave + concerned commences. + (4) Contribution of leave toward entitlement to retired + pay.--Section 12732(a)(2) of title 10, United States Code, is + amended by inserting after subparagraph (E) the following new + subparagraph: + ``(F) Points at the rate of 12 per period during + which the member is on maternity leave.''. + (5) Computation of years of service for retired pay.-- + Section 12733 of such title is amended-- + (A) by redesignating paragraph (5) as paragraph + (6); and + (B) by inserting after paragraph (4) the following + new paragraph (5): + ``(5) One day for each point credited to the person under + subparagraph (F) of section 12732(a)(2) of this title.''. + (c) Effective Date.--This section and the amendments made by this +section shall take effect on the date of the enactment of this Act, and +shall apply with respect to periods of maternity leave that commence on +or after that date. + + Subtitle B--Bonuses and Special Incentive Pays + +SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY + AUTHORITIES. + + (a) Authorities Relating to Reserve Forces.--Section 910(g) of +title 37, United States Code, relating to income replacement payments +for reserve component members experiencing extended and frequent +mobilization for active duty service, is amended by striking ``December +31, 2020'' and inserting ``December 31, 2021''. + (b) Title 10 Authorities Relating to Health Care Professionals.-- +The following sections of title 10, United States Code, are amended by +striking ``December 31, 2020'' and inserting ``December 31, 2021'': + (1) Section 2130a(a)(1), relating to nurse officer + candidate accession program. + (2) Section 16302(d), relating to repayment of education + loans for certain health professionals who serve in the + Selected Reserve. + (c) Authorities Relating to Nuclear Officers.--Section 333(i) of +title 37, United States Code, is amended by striking ``December 31, +2020'' and inserting ``December 31, 2021''. + (d) Authorities Relating to Title 37 Consolidated Special Pay, +Incentive Pay, and Bonus Authorities.--The following sections of title +37, United States Code, are amended by striking ``December 31, 2020'' +and inserting ``December 31, 2021'': + (1) Section 331(h), relating to general bonus authority for + enlisted members. + (2) Section 332(g), relating to general bonus authority for + officers. + (3) Section 334(i), relating to special aviation incentive + pay and bonus authorities for officers. + (4) Section 335(k), relating to special bonus and incentive + pay authorities for officers in health professions. + (5) Section 336(g), relating to contracting bonus for + cadets and midshipmen enrolled in the Senior Reserve Officers' + Training Corps. + (6) Section 351(h), relating to hazardous duty pay. + (7) Section 352(g), relating to assignment pay or special + duty pay. + (8) Section 353(i), relating to skill incentive pay or + proficiency bonus. + (9) Section 355(h), relating to retention incentives for + members qualified in critical military skills or assigned to + high priority units. + (e) Authority To Provide Temporary Increase in Rates of Basic +Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States +Code, is amended by striking ``December 31, 2020'' and inserting +``December 31, 2021''. + +SEC. 612. INCREASE IN CERTAIN HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS + OF THE UNIFORMED SERVICES. + + Section 351(b) of title 37, United States Code, is amended by +striking ``$250'' both places it appears and inserting ``$275''. + +SEC. 613. STANDARDIZATION OF PAYMENT OF HAZARDOUS DUTY INCENTIVE PAY + FOR MEMBERS OF THE UNIFORMED SERVICES. + + (a) In General.--Section 351(c) of title 37, United States Code, is +amended to read as follows: + ``(c) Payment.--Hazardous duty pay shall be paid on a monthly +basis.''. + (b) Effective Date.--The amendments made by this section shall take +effect on October 1, 2020, and shall apply with respect to duty +performed in any month beginning on or after that date. + +SEC. 614. CLARIFICATION OF 30 DAYS OF CONTINUOUS DUTY ON BOARD A SHIP + REQUIRED FOR FAMILY SEPARATION ALLOWANCE FOR MEMBERS OF + THE UNIFORMED SERVICES. + + Section 427(a)(1)(B) of title 37, United States Code, is amended by +inserting ``(or under orders to remain on board the ship while at the +home port)'' after ``of the ship''. + +SEC. 615. EXPANSION OF REIMBURSABLE STATE LICENSURE AND CERTIFICATION + COSTS FOR A MILITARY SPOUSE ARISING FROM RELOCATION. + + Section 476(p)(5) of title 37, United States Code, is amended in +the matter preceding subparagraph (A), by striking ``and'' and +inserting ``fees, continuing education courses, and''. + + Subtitle C--Family and Survivor Benefits + +SEC. 621. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO + CIVILIAN PROVIDERS OF CHILD CARE SERVICES OR YOUTH + PROGRAM SERVICES FOR SURVIVORS OF MEMBERS OF THE ARMED + FORCES WHO DIE IN THE LINE OF DUTY. + + Section 1798(a) of title 10, United States Code, is amended by +striking ``in combat-related incidents''. + +SEC. 622. EXPANSION OF DEATH GRATUITY FOR ROTC GRADUATES. + + Section 623(b) of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92) is amended by striking ``the date of the +enactment of this Act'' and inserting ``May 1, 2017''. + +SEC. 623. RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF CHILD + CARE SERVICES AND YOUTH PROGRAM SERVICES FOR DEPENDENTS. + + (a) In General.--Not later than July 1, 2021, the Secretary of +Defense shall develop a method by which to determine appropriate +amounts of financial assistance under section 1798 of title 10, United +States Code. In such development, the Secretary shall take into +consideration the following: + (1) Grades of members of the Armed Forces. + (2) The cost of living in an applicable locale. + (3) Whether a military installation has a military child + development center, including any wait list length. + (4) Whether a military child development center has vacant + child care employee positions. + (5) The capacity of licensed civilian child care providers + in an applicable locale. + (6) The average cost of licensed civilian child care + services available in an applicable locale. + (b) Report.--Not later than August 1, 2021, the Secretary shall +submit a report the Committees on Armed Services of the Senate and the +House of Representatives on the method developed under this section. + (c) Definitions.--In this section, the terms ``child care +employee'' and ``military child development center'' have the meanings +given those terms in section 1800 of title 10, United States Code. + +SEC. 624. PRIORITY FOR CERTAIN MILITARY FAMILY HOUSING TO A MEMBER OF + THE ARMED FORCES WHOSE SPOUSE AGREES TO PROVIDE FAMILY + HOME DAY CARE SERVICES. + + (a) Priority.--If the Secretary of a military department determines +that not enough child care employees are employed at a military child +development center on a military installation under the jurisdiction of +that Secretary to adequately care for the children of members of the +Armed Forces stationed at that military installation, the Secretary, to +the extent practicable, may give priority for covered military family +housing to a member whose spouse is an eligible military spouse. + (b) Number of Priority Positions.--A Secretary of a military +department may grant priority under subsection (a) only to the minimum +number of eligible military spouses that the Secretary determines +necessary to provide adequate child care to the children of members +stationed at a military installation described in subsection (a). + (c) Limitation.--Nothing in this section may be construed to +require the Secretary of a military department to provide covered +military family housing that has been adapted for disabled individuals +to a member under this section instead of to a member with one more +dependents enrolled in the Exceptional Family Member Program. + (d) Result of Failure To Provide Family Home Day Care Services or +Loss of Eligibility.--The Secretary of the military department +concerned may remove a household provided covered military family +housing under this section therefrom if the Secretary determines the +spouse of that member has failed to abide by an agreement described in +subsection (e)(3) or has ceased to be an eligible military spouse. Such +removal may not occur sooner than 60 days after the date of such +determination. + (e) Definitions.--In this section: + (1) The terms ``child care employee'', ``family home day + care'', and ``military child development center'' have the + meanings given those terms in section 1800 of title 10, United + States Code. + (2) The term ``covered military family housing'' means + military family housing-- + (A) located on a military installation described in + subsection (a); and + (B) that the Secretary of the military department + concerned determines is large enough to provide family + home day care services to no fewer than six children + (not including children in the household of the + eligible military spouse). + (3) The term ``eligible military spouse'' means a military + spouse who-- + (A) is eligible for military family housing; + (B) is eligible to provide family home day care + services; + (C) has provided family home day care services for + at least 1 year; and + (D) agrees in writing to provide family home day + care services in covered military family housing for a + period determined by the Secretary of the military + department concerned. + +SEC. 625. STUDY ON FEASIBILITY OF TSP CONTRIBUTIONS BY MILITARY + SPOUSES. + + (a) Study Required.--The Secretary of Defense shall conduct a study +on potential enhancements to the military Thrift Savings Plan +administered by the Federal Retirement Thrift Investment Board. + (b) Elements.--The study under subsection (a) shall include the +following: + (1) An evaluation of the effect of allowing military + spouses to contribute or make eligible retirement account + transfers to the military Thrift Savings Plan account of the + member of the Armed Forces to whom that military spouse in + married. + (2) Legislation the Secretary determines necessary to + permit contributions and transfers described in paragraph (1). + (3) An evaluation of whether and to what extent employer- + funded matching of contributions described in paragraph (1) may + encourage further participation in the military Thrift Savings + Plan. + (c) Reporting.-- + (1) Initial report.--Not later than February 1, 2021, the + Secretary of Defense shall submit to the Federal Retirement + Thrift Investment Board a report on the results of the study + under subsection (a). + (2) Analysis.--Not later than 60 days after receiving the + report under paragraph (1), the Federal Thrift Savings + Retirement Board shall analyze the report under paragraph (1), + generate recommendations and comments it determines + appropriate, and submit such analysis, recommendations, and + comments to the Secretary. + (3) Final report.--Not later than April 1, 2021, the + Secretary shall submit to the Committees on Armed Services of + the Senate and House of Representatives the report under + paragraph (1) and the analysis, recommendations, and comments + under paragraph (2). + +SEC. 626. GOLD STAR FAMILIES PARKS PASS. + + (a) Short Title.--This section may be referred to as the ``Gold +Star Families Parks Pass Act''. + (b) Gold Star Families Parks Pass.--Section 805(b) of division J of +the Consolidated Appropriations Act, 2005 (16 U.S.C. 6804(b); 118 Stat. +3386), is amended by adding at the end the following new paragraph: + ``(3) Gold star families parks pass.--The Secretary shall + make the National Parks and Federal Recreational Lands Pass + available, at no cost, to members of Gold Star Families, as + defined by section 3.2 of Department of Defense Instruction + 1348.36.''. + +SEC. 627. MODIFICATION TO FIRST DIVISION MONUMENT. + + (a) Short Title.--This section may be cited as the ``First Infantry +Recognition of Sacrifice in Theater Act'' or the ``FIRST Act''. + (b) Authorization.--The Society of the First Infantry Division (an +organization described in section 501(c)(3) of the Internal Revenue +Code of 1986 and exempt from taxation under section 501(a) of that +code), may make modifications (including construction of additional +plaques and stone plinths on which to put the plaques) to the First +Division Monument located on Federal land in President's Park in the +District of Columbia that was set aside for memorial purposes of the +First Infantry Division, in order to honor the members of the First +Infantry Division who paid the ultimate sacrifice during United States +operations, including Operation Desert Storm, Operation Iraqi Freedom +and New Dawn, and Operation Enduring Freedom. The First Infantry +Division at the Department of the Army shall collaborate with the +Department of Defense to provide to the Society of the First Infantry +Division the list of names to be added. + (c) Non-Application of Commemorative Works Act.--Subsection (b) of +section 8903 of title 40, United States Code (commonly known as the +``Commemorative Works Act''), shall not apply to actions taken under +subsection (b) of this section. + (d) Funding.--Federal funds may not be used to pay any expense of +the activities of the Society of the First Infantry Division which are +authorized by this section. + +SEC. 628. CHERYL LANKFORD MEMORIAL EXPANSION OF ASSISTANCE FOR GOLD + STAR SPOUSES AND OTHER DEPENDENTS. + + Section 633(a) of the National Defense Authorization Act for Fiscal +Year 2014 (10 U.S.C. 1475 note) is amended-- + (1) by redesignating paragraphs (1) through (4) as + subparagraphs (A) through (D), respectively; + (2) by inserting ``(1)'' before ``Each Secretary''; + (3) in the matter preceding paragraph (1), by inserting ``a + casualty assistance officer who is'' after ``jurisdiction of + such Secretary''; + (4) by striking ``spouses and other dependents of members'' + and all that follows through ``services:'' and inserting an em + dash; and + (5) by inserting before subparagraph (A), as redesignated, + the following: + ``(A) a spouse and any other dependent of a member of such + Armed Force (including the reserve components thereof) who dies + on active duty; and + ``(B) a dependent described in subparagraph (A) if the + spouse of the deceased member dies and the dependent (or the + guardian of such dependent) requests such assistance. + ``(2) Casualty assistance officers described in paragraph (1) shall +provide to spouses and dependents described in that paragraph the +following services:''. + +SEC. 629. EXTENSION OF COMMISSARY AND EXCHANGE BENEFITS FOR SURVIVING + REMARRIED SPOUSES WITH DEPENDENT CHILDREN OF A MEMBER OF + THE ARMED FORCES WHO DIES WHILE ON ACTIVE DUTY OR CERTAIN + RESERVE DUTY. + + (a) Procedures for Access of Surviving Remarried Spouses +Required.--The Secretary of Defense, acting jointly with the Secretary +of Homeland Security, shall establish procedures by which an eligible +remarried spouse may obtain unescorted access, as appropriate, to +military installations in order to use commissary stores and MWR retail +facilities to the same extent and on the same basis as an unremarried +surviving spouse of a member of the uniformed services is entitled to +by law or policy. + (b) Considerations.-- Any procedures established under this section +shall-- + (1) be applied consistently across the Department of + Defense and the Department of Homeland Security, including all + components of the Departments; + (2) minimize any administrative burden on surviving + remarried spouse or dependent child, including through the + elimination of any requirement for a remarried spouse to apply + as a personal agent for continued access to military + installations in accompaniment of a dependent child; + (3) take into account measures required to ensure the + security of military installations, including purpose and + eligibility for access and renewal periodicity; and + (4) take into account such other factors as the Secretary + of Defense or the Secretary of Homeland Security considers + appropriate. + (c) Deadline.--The procedures required by subsection (a) shall be +established by the date that is not later than 1 year after the date of +the enactment of this section. + (d) Definitions.--In this section-- + (1) the term ``eligible remarried spouse'' means an + individual who is a surviving former spouse of a covered member + of the Armed Forces, who has remarried after the death of the + covered member of the Armed Forces and has guardianship of + dependent children of the deceased member; + (2) the term ``covered member of the Armed Forces'' means a + member of the Armed Forces who dies while serving-- + (A) on active duty; or + (B) on such reserve duty as the Secretary of + Defense and the Secretary of Homeland Security may + jointly specify for purposes of this section. + + Subtitle D--Defense Resale Matters + +SEC. 631. BASE RESPONDERS ESSENTIAL NEEDS AND DINING ACCESS. + + (a) In General.--Chapter 54 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 1066. Use of commissary stores and MWR facilities: protective + services civilian employees + ``(a) Eligibility of Protective Services Civilian Employees.--An +individual employed as a protective services civilian employee at a +military installation shall be permitted to purchase food and hygiene +items at a commissary store or MWR retail facility located on that +military installation. + ``(b) User Fee Authority.--(1) The Secretary of Defense shall +prescribe regulations that impose a user fee on individuals who are +eligible solely under this section to purchase merchandise at a +commissary store or MWR retail facility. + ``(2) The Secretary shall set the user fee under this subsection at +a rate that the Secretary determines will offset any increase in +expenses arising from this section borne by the Department of the +Treasury on behalf of commissary stores associated with the use of +credit or debit cards for customer purchases, including expenses +related to card network use and related transaction processing fees. + ``(3) The Secretary shall deposit funds collected pursuant to a +user fee under this subsection in the General Fund of the Treasury. + ``(4) Any fee under this subsection is in addition to the uniform +surcharge under section 2484(d) of this title. + ``(c) Definitions.--In this section: + ``(1) The term `MWR retail facility' has the meaning given + that term in section 1063 of this title. + ``(2) The term `protective services civilian employee' + means a position in any of the following series (or successor + classifications) of the General Schedule: + ``(A) Security Administration (GS-0080). + ``(B) Fire Protection and Prevention (GS-0081). + ``(C) Police (GS-0083). + ``(D) Security Guard (GS-0085). + ``(E) Emergency Management (GS-0089).''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 54 of title 10, United States Code, is amended by adding at the +end the following new item: + +``1066. Use of commissary stores and MWR facilities: protective + services civilian employees.''. + +SEC. 632. FIRST RESPONDER ACCESS TO MOBILE EXCHANGES. + + Section 1146 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(d) Emergency Response Providers During a Declared Major Disaster +or Emergency.--The Secretary of Defense shall prescribe regulations to +allow an emergency response provider (as that term is defined in +section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6 +U.S.C. 101)) to use a mobile commissary or exchange store deployed to +an area covered by a declaration of a major disaster or emergency under +section 401 of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5170).''. + +SEC. 633. UPDATED BUSINESS CASE ANALYSIS FOR CONSOLIDATION OF THE + DEFENSE RESALE SYSTEM. + + (a) In General.--Not later than March 1, 2021, the Chief Management +Officer of the Department of Defense, in coordination with the +Undersecretary of Defense for Personnel and Readiness, shall update the +study titled ``Study to Determine the Feasibility of Consolidation of +the Defense Resale Entities'' and dated December 4, 2018, to include a +new business case analysis that-- + (1) establishes new baselines for-- + (A) savings from the costs of goods sold; + (B) costs of new information technology required + for such consolidation; and + (C) costs of headquarters relocation arising from + such consolidation; and + (2) addresses each recommendation for executive action in + the Government Accountability Office report GAO-20-418SU. + (b) Review and Comment.--Not later than April 1, 2021, the +Secretary of Defense shall make the updated business case analysis (in +this section referred to as the ``updated BCA'') available to the +Secretaries of the military departments for comment. + (c) Submittal to Congressional Committees.--Not later than June 1, +2021, the Secretary of Defense shall make any comments made under +subsection (b) and the updated BCA available to the Committees on Armed +Services of the Senate and the House of Representatives. + (d) Delay of Consolidation.--The Secretary of Defense may not take +any action to consolidate military exchanges and commissaries until the +Committees on Armed Services of the Senate and the House of +Representatives notify the Secretary in writing of receipt and +acceptance of the updated BCA. + + Subtitle E--Other Personnel Benefits + +SEC. 641. MAINTENANCE OF FUNDING FOR STARS AND STRIPES. + + (a) Funding.-- + (1) Operation and maintenance.--Of the amounts authorized + to be appropriated for fiscal year 2021 in division D of this + Act and available for operations and maintenance for Defense- + wide activities as specified in the funding table in section + 4301 of this Act, $9,000,000 shall be made available for the + purpose of maintaining the operations and publication of Stars + and Stripes. + (2) Contingency operations.--Of the amounts authorized to + be appropriated for fiscal year 2021 in division D of this Act + and available for overseas contingency operations for Defense- + wide activities as specified in the funding tables in section + 4301 of this Act, $6,000,000 shall be made available for the + purpose of maintaining the operations and publication of Stars + and Stripes. + (b) Report on Business Case Analysis.--Not later than March 1, +2021, the Secretary of Defense, in coordination with the editor of +Stars and Stripes, shall submit a report to the Committees on Armed +Services of the Senate and the House of Representatives detailing the +business case analysis for various options for Stars and Stripes. The +report shall contain the following elements: + (1) An analysis of the pros and cons of, and business case + for, continuing the operation and publication of Stars and + Stripes at its current levels, including other options for the + independent reporting currently provided, especially in a + deployed environment. + (2) An analysis of the modes of communication used by Stars + and Stripes. + (3) An analysis of potential reduced operations of Stars + and Stripes. + (4) An analysis of the operation of Stars and Stripes + solely as a non-appropriated entity. + (5) An analysis of operating Stars and Stripes as a + category B morale, welfare, and recreation entity. + (6) An assessment of the value of the availability of Stars + and Stripes (in print or an electronic version) to deployed or + overseas members of the Armed Forces. + +SEC. 642. BASIC ALLOWANCE FOR HOUSING. + + Section 403 of title 37, United States Code, is amended by adding +at the end the following: + ``(p) Information on Rights and Protections Under Servicemembers +Civil Relief Act.--The Secretary of Defense shall provide to each +member of a uniformed service who receives a basic allowance for +housing under this section information on the rights and protections +available to such member under the Servicemembers Civil Relief Act (50 +U.S.C. 3901 et seq.).''. + + TITLE VII--HEALTH CARE PROVISIONS + + Subtitle A--TRICARE and Other Health Care Benefits + +SEC. 701. EXPANSION OF MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE + ARMED FORCES. + + Section 1074m of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(g) Mental Health Assessments for Participation in Certain +Activities.--(1) The Secretary shall provide to a member described in +paragraph (2) mental health assessments under this section in a +frequency and schedule that the Secretary determines to be as similar +as practicable to the frequency and schedule for such assessments under +subsection (a)(1). + ``(2) A member described in this paragraph is a member who, while +not deployed in support of a contingency operation, participated in +warfighting activities that had a direct and immediate impact on a +combat operation or other military operation.''. + +SEC. 702. MANDATORY REFERRAL FOR MENTAL HEALTH EVALUATION. + + Section 1090a of title 10, United States Code, is amended-- + (1) by redesignating subsection (e) as subsection (f); and + (2) by inserting after subsection (d) the following new + subsection: + ``(e) Process Applicable to Member Disclosure.--The regulations +required by subsection (a) shall-- + ``(1) establish a phrase that enables a member of the armed + forces to trigger a referral of the member by a commanding + officer or supervisor for a mental health evaluation; + ``(2) require a commanding officer or supervisor to make + such referral as soon as practicable following disclosure by + the member to the commanding officer or supervisor of the + phrase established under paragraph (1); and + ``(3) ensure that the process protects the confidentiality + of the member in a manner similar to the confidentiality + provided for members making restricted reports under section + 1565b(b) of this title.''. + +SEC. 703. ASSESSMENTS AND TESTING RELATING TO EXPOSURE TO + PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. + + (a) Periodic Health Assessment.--The Secretary of Defense shall +ensure that any periodic health assessment provided to a member of the +Armed Forces includes an evaluation of whether the member has been-- + (1) based or stationed at a military installation + identified by the Department of Defense as a location with a + known or suspected release of perfluoroalkyl substances or + polyfluoroalkyl substances during the period in which the + member was based or stationed at the military installation; or + (2) exposed to such substances, including by evaluating any + information in the health record of the member. + (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: + ``(D) 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 military installation + identified by the Department as a location with a known or + suspected release of perfluoroalkyl substances or + polyfluoroalkyl substances during the period in which the + member was based or stationed at the military installation; or + ``(ii) exposed to such substances, including by assessing + any information in the health record of the member.''. + (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, +United States Code, is amended by adding at the end the following new +subparagraph: + ``(E) An assessment of whether the member was-- + ``(i) based or stationed at a military installation + identified by the Department as a location with a known + or suspected release of perfluoroalkyl substances or + polyfluoroalkyl substances during the period in which + the member was based or stationed at the military + installation; or + ``(ii) exposed to such substances, including by + assessing any information in the health record of the + member.''. + (d) Provision of Blood Testing.-- + (1) Members of the armed forces.-- + (A) In general.--If a covered evaluation of a + member of the Armed Forces results in a positive + determination of potential exposure to perfluoroalkyl + substances or polyfluoroalkyl substances, the Secretary + of Defense shall provide to that member, during that + covered evaluation and at no additional cost to that + member, blood testing to determine and document + potential exposure to such substances. + (B) Inclusion in health record.--The results of + blood testing of a member of the Armed Forces conducted + under subparagraph (A) shall be included in the health + record of the member. + (2) Covered evaluation defined.--In this subsection, 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 subsection (b); and + (C) a deployment assessment conducted under section + 1074f(b)(2) of such title, as amended by subsection + (c). + +SEC. 704. IMPROVEMENT TO BREAST CANCER SCREENING. + + Section 1074d(b)(2) of title 10, United States Code, is amended by +inserting before the period at the end the following: ``, including +through the use of digital breast tomosynthesis''. + +SEC. 705. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR EMERGENCY + MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL TREATMENT + FACILITIES. + + Section 1079b of title 10, United States Code, is amended-- + (1) by redesignating subsection (b) as subsection (c); and + (2) by inserting after subsection (a) the following new + subsection (b): + ``(b) Waiver of Fees.--Under the procedures implemented under +subsection (a), a military medical treatment facility may waive a fee +charged under such procedures to a civilian who is not a covered +beneficiary if-- + ``(1) after insurance payments, if any, the civilian is not + able to pay for the trauma or other medical care provided to + the civilian; and + ``(2) the provision of such care enhanced the medical + readiness of the health care provider or health care providers + furnishing such care.''. + +SEC. 706. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED CARE + HEALTH OPTION PROGRAM. + + (a) Extended Benefits for Eligible Dependents.--Subsection (e) of +section 1079 of title 10, United States Code, is amended to read as +follows: + ``(e)(1) Extended benefits for eligible dependents under subsection +(d) may include comprehensive health care services (including services +necessary to maintain, or minimize or prevent deterioration of, +function of the patient) and case management services with respect to +the qualifying condition of such a dependent, and include, to the +extent such benefits are not provided under provisions of this chapter +other than under this section, the following: + ``(A) Diagnosis and screening. + ``(B) Inpatient, outpatient, and comprehensive home health + care supplies and services which may include cost effective and + medically appropriate services other than part-time or + intermittent services (within the meaning of such terms as used + in the second sentence of section 1861(m) of the Social + Security Act). + ``(C) Rehabilitation and habilitation services and devices. + ``(D) Institutional care in private nonprofit, public, and + State institutions and facilities and, if appropriate, + transportation to and from such institutions and facilities. + ``(E) Custodial care, notwithstanding the prohibition in + section 1077(b)(1) of this title. + ``(F) In accordance with paragraph (2), respite care for + the primary caregiver of the eligible dependent. + ``(G) In accordance with paragraph (3), service and + modification of durable equipment and assistive technology + devices. + ``(H) Special education. + ``(I) Vocational training, which may be furnished to an + eligible dependent in the residence of the eligible dependent + or at a facility in which such training is provided. + ``(J) In accordance with paragraph (4), adaptations to the + private residence and vehicle of the eligible dependent. + ``(K) Such other services and supplies as determined + appropriate by the Secretary, notwithstanding the limitations + in subsection (a)(12). + ``(2) Respite care under paragraph (1)(F) shall be provided subject +to the following conditions: + ``(A) Pursuant to regulations prescribed by the Secretary + for purposes of this paragraph, such respite care shall be + limited to-- + ``(i) 50 hours per month for a primary caregiver + not covered by clause (ii); or + ``(ii) 40 hours per week for cases where the + Secretary determines that the plan of care for the + eligible dependent includes frequent interventions by + the primary caregiver. + ``(B) Unused hours of respite care may not be carried over + to another month. + ``(C) Such respite care may be provided to an eligible + beneficiary regardless of whether the eligible beneficiary is + receiving another benefit under this subsection. + ``(3)(A) Service and modification of durable equipment and +assistive technology devices under paragraph (1)(G) may be provided +only upon determination by the Secretary that the service or +modification is necessary for the use of such equipment or device by +the eligible dependent. + ``(B) Service and modification of durable equipment and assistive +technology devices under such paragraph may not be provided-- + ``(i) in the case of misuse, loss, or theft of the + equipment or device; or + ``(ii) for a deluxe, luxury, or immaterial feature of the + equipment or device, as determined by the Secretary. + ``(C) Service and modification of durable equipment and assistive +technology devices under such paragraph may include training of the +eligible dependent and immediate family members of the eligible +dependent on the use of the equipment or device. + ``(4)(A) Adaptations to the private residence and vehicle of the +eligible dependent under paragraph (1)(J) may be provided if such +adaptations-- + ``(i) are determined to be medically necessary by the + provider responsible for the care of the eligible dependent + with respect to the qualifying condition; and + ``(ii) are necessary to assist in-- + ``(I) the reduction of the disabling effects of the + qualifying condition; or + ``(II) maintenance of the present functionality of + the eligible dependent. + ``(B) With respect to a vehicle, adaptations may be provided under +such paragraph if the vehicle is the primary means of transportation of +the eligible dependent.''. + (b) Conforming Amendment.--Subsection (f) of such section is +amended by striking ``paragraph (3) or (4) of subsection (e)'' each +place it appears and inserting ``subparagraph (C), (D), (G), (H), or +(I) of subsection (e)(1)''. + (c) Additional Requirements in Office of Special Needs Annual +Report.--Section 1781c(g)(2) of title 10, United States Code, is +amended-- + (1) by redesignating subparagraph (C) as subparagraph (D); + and + (2) by inserting after subparagraph (B) the following new + subparagraph (C): + ``(C) With respect to the Extended Care Health Option + program under section 1079(d) of ths title-- + ``(i) the utilization rates of services under such + program by eligible dependents (as such term is defined + in such section) during the prior year; + ``(ii) a description of gaps in such services, as + ascertained by the Secretary from information provided + by families of eligible dependents; + ``(iii) an assessment of factors that prevent + knowledge of and access to such program, including a + discussion of actions the Secretary may take to address + these factors; and + ``(iv) an assessment of the average wait time for + an eligible dependent enrolled in the program to access + alternative health coverage for a qualifying condition + (as such term is defined in such section), including a + discussion of any adverse health outcomes associated + with such wait.''. + (d) Comptroller General Report.--The Comptroller General of the +United States shall submit to Congress a report containing a study on +caregiving available through programs such as State Home and Community +Based Services and the Program of Comprehensive Assistance for Family +Caregivers of the Department of Veterans Affairs under section 1720G of +title 38, United States Code. The report shall-- + (1) include input from payers, administrators, consumers, + and advocates in order to analyze best practices for + administering programs to support caregivers of individuals + with intellectual or physical disabilities; and + (2) compare the provision of respite and related care + through the Extended Care Health Option program under section + 1079(d) of title 10, United States Code, to recognized best + practices and, if needed, make recommendations for improvement. + (e) Effective Date.--The amendments made by this section shall take +effect October 1, 2020. + (f) Funding.-- + (1) Increase.--Notwithstanding the amounts set forth in the + funding tables in division D, the amount authorized to be + appropriated in section 1405 for the Defense Health Program, as + specified in the corresponding funding table in section 4501, + for Defense Health Program, In-House Care, is hereby increased + by $15,000,000. + (2) Offset.--Notwithstanding the amounts set forth in the + funding tables in division D, the amount authorized to be + appropriated in section 1405 for the Defense Health Program, as + specified in the corresponding funding table in section 4501, + for Defense Health Program, Private Sector Care, is hereby + reduced by $15,000,000. + +SEC. 707. PROVISION OF HEARING AIDS FOR DEPENDENTS OF CERTAIN MEMBERS + OF THE RESERVE COMPONENTS. + + Section 1077(g) of title 10, United States Code, is amended-- + (1) by striking ``In addition'' and inserting ``(1) In + addition''; and + (2) by adding at the end the following new paragraph: + ``(2) For purposes of providing hearing aids under subsection +(a)(16), a dependent of a member of the reserve components who is +enrolled in the TRICARE program under section 1076d of this title shall +be deemed to be a dependent of a member of the uniformed services on +active duty.''. + + Subtitle B--Health Care Administration + +SEC. 711. PROTECTION OF THE ARMED FORCES FROM INFECTIOUS DISEASES. + + (a) In General.--Chapter 55 of title 10, United States Code, is +amended by inserting after section 1073d the following new section: +``Sec. 1073e. Protection of armed forces from infectious diseases + ``(a) Protection.--The Secretary of Defense shall ensure that the +armed forces have the diagnostic equipment, testing capabilities, and +personal protective equipment necessary to protect members of the armed +forces from the threat of infectious diseases and to treat members who +contract infectious diseases. + ``(b) Requirements.--In carrying out subsection (a), the Secretary +shall ensure the following: + ``(1) Each military medical treatment facility has the + testing capabilities described in such subsection. + ``(2) Each deployed naval vessel has the testing + capabilities described in such subsection. + ``(3) Members of the armed forces deployed in support of a + contingency operation outside of the United States have access + to the testing capabilities described in such subsection, + including at field hospitals, combat support hospitals, field + medical stations, and expeditionary medical facilities. + ``(4) The Department of Defense maintains a stock of + personal protective equipment in a quantity sufficient for each + member of the armed forces, including the reserve components + thereof. + ``(c) Research and Development.--(1) The Secretary shall include +with the defense budget materials (as defined by section 231(f) of this +title) for a fiscal year a plan to research and develop vaccines for +infectious diseases. + ``(2) The Secretary shall ensure that the medical laboratories of +the Department of Defense are equipped with the technology needed to +facilitate rapid research in the case of a pandemic.''. + (b) Clerical Amendment.--The table of contents at the beginning of +such chapter is amended by inserting after the item relating to section +1073d the following new item: + +``1073e. Protection of armed forces from infectious diseases.''. + +SEC. 712. INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND CRITICAL MEDICAL + SUPPLIES IN NATIONAL SECURITY STRATEGY FOR NATIONAL + TECHNOLOGY AND INDUSTRIAL BASE. + + (a) National Security Strategy for National Technology and +Industrial Base.--Section 2501(a) of title 10, United States Code, is +amended by adding at the end the following new paragraph: + ``(11) Providing for the provision of drugs, biological + products, vaccines, and critical medical supplies (including + personal protective equipment, diagnostic and testing + capabilities, and lifesaving breathing apparatuses required for + the treatment of severe respiratory illness and respiratory + distress) required to enable combat readiness and protect the + health of the armed forces.''. + (b) Report.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Secretary of Defense, in + consultation with the Secretary of Health and Human Services, + the Commissioner of Food and Drugs, and the heads of other + departments and agencies of the Federal Government that the + Secretary of Defense determines appropriate, shall submit to + the appropriate congressional committees a report on + vulnerabilities to the drugs, biological products, vaccines, + and critical medical supplies of the Department of Defense. + (2) Matters included.--The report under paragraph (1) shall + include-- + (A) an identification and origin of any finished + drugs, as identified by the Secretary of Defense, and + the essential components of such drugs, including raw + materials, chemical components, and active + pharmaceutical ingredients that are necessary for the + manufacture of such drugs, whose supply is at risk of + disruption during a time of war or national emergency; + (B) an identification of shortages of finished + drugs, biological products, vaccines, and critical + medical supplies essential for combat readiness and the + protection of the health of the Armed Forces, as + identified by the Secretary of Defense; + (C) an identification of the defense and + geopolitical contingencies that are sufficiently likely + to arise that may lead to the discontinuance, + interruption or meaningful disruption in the supply of + a drug, biological product, vaccine, or critical + medical supply, and recommendations regarding actions + the Secretary of Defense should take to reasonably + prepare for the occurrence of such contingencies; + (D) an identification of any barriers that exist to + manufacture finished drugs, biological products, + vaccines, and critical medical supplies in the United + States, including with respect to regulatory barriers + by the Federal Government and whether the raw materials + may be found in the United States; + (E) an identification of potential partners of the + United States with whom the United States can work with + to realign the manufacturing capabilities of the United + States for such finished drugs, biological products, + vaccines, and critical medical supplies; + (F) an assessment conducted by the Secretary of + Defense of the resilience and capacity of the current + supply chain and industrial base to support national + defense upon the occurrence of the contingencies + identified in subparagraph (C), including with respect + to-- + (i) the manufacturing capacity of the + United States; + (ii) gaps in domestic manufacturing + capabilities, including non-existent, extinct, + threatened, and single-point-of-failure + capabilities; and + (iii) supply chains with single points of + failure and limited resiliency; and + (G) recommendations to enhance and strengthen the + surge requirements and readiness contracts of the + Department of Defense to ensure the sufficiency of the + stockpile of the Department of, and the ready access by + the Department to, critical medical supplies, + pharmaceuticals, vaccines, counter-measure prophylaxis, + and personal protective equipment, including with + respect to the effectiveness of the theater lead agent + for medical materiel program in support of the + combatant commands. + (3) Form.--The report under paragraph (1) shall be + submitted in classified form. + (4) Definitions.--In this subsection: + (A) The term ``appropriate congressional + committees'' means the following: + (i) The congressional defense committees. + (ii) The Committee on Energy and Commerce + and the Committee on Homeland Security of the + House of Representatives. + (iii) The Committee on Health, Education, + Labor, and Pensions and the Committee on + Homeland Security and Governmental Affairs of + the Senate. + (B) The term ``critical medical equipment'' + includes personal protective equipment, diagnostic + tests, testing supplies, and lifesaving breathing + apparatuses required to treat severe respiratory + illnesses and distress. + +SEC. 713. CONTRACT AUTHORITY OF THE UNIFORMED SERVICES UNIVERSITY OF + THE HEALTH SCIENCES. + + Section 2113(g)(1) of title 10, United States Code, is amended-- + (1) in subparagraph (E), by striking ``and'' at the end; + (2) in subparagraph (F), by striking the period at the end + and inserting ``; and''; and + (3) by adding at the end the following new subparagraph: + ``(G) notwithstanding section 2304(k) of this + title, to enter into such contracts, cooperative + agreements, or grants on a sole-source basis pursuant + to section 2304(c)(5) of this title.''. + +SEC. 714. EXTENSION OF ORGANIZATION REQUIREMENTS FOR DEFENSE HEALTH + AGENCY. + + Section 1073c(e) of title 10, United States Code, is amended by +striking ``September 30, 2022'' and inserting ``September 30, 2025''. + +SEC. 715. MODIFICATION TO LIMITATION ON THE REALIGNMENT OR REDUCTION OF + MILITARY MEDICAL MANNING END STRENGTH. + + Section 719 of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1454) is amended-- + (1) in subsection (a), in the matter preceding paragraph + (1), by striking ``may not realign or reduce military medical + end strength authorizations until'' and inserting the + following: ``may not realign or reduce military medical end + strength authorizations during the one-year period following + the date of the enactment of the National Defense Authorization + Act for Fiscal Year 2021, and after such period, may not + realign or reduce such authorizations unless''; and + (2) in subsection (b)(1), by inserting before the period at + the end the following: ``, including with respect to both the + homeland defense mission and pandemic influenza''. + +SEC. 716. MODIFICATIONS TO IMPLEMENTATION PLAN FOR RESTRUCTURE OR + REALIGNMENT OF MILITARY MEDICAL TREATMENT FACILITIES. + + Section 703(d) of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 130 Stat. 2199) is amended-- + (1) in paragraph (2), by striking subparagraph (D) and + inserting the following new subparagraph: + ``(D) A description of how the Secretary will carry + out subsection (b), including with respect to-- + ``(i) the standards required for health + care providers to accept and transition covered + beneficiaries to the purchased care component + of the TRICARE program; + ``(ii) a method to monitor and report on + quality benchmarks for the beneficiary + population that is required to transition to + such component of the TRICARE program; and + ``(iii) a process by which the Defense + Health Agency will ensure that such component + of the TRICARE program has the required + capacity.''; and + (2) by adding at the end the following new paragraph: + ``(4) Notice and wait.--The Secretary may not implement the + plan under paragraph (1) unless-- + ``(A) the Secretary has submitted the plan to the + congressional defense committees; and + ``(B) a 1-year period elapses following the later + of the date of such submission or the date of the + enactment of the National Defense Authorization Act for + Fiscal Year 2021.''. + +SEC. 717. POLICY TO ADDRESS OPIOID PRESCRIPTION ABUSE PREVENTION. + + (a) Requirement.--The Secretary of Defense shall develop a policy +and tracking mechanism for opioids that monitors and prohibits the over +prescribing of opioids to ensure compliance with clinical practice +guidelines and prescribing guidelines published by the Centers for +Disease Control and Prevention and the Food and Drug Administration. + (b) Elements.--The requirements under subsection (a) shall include +the following: + (1) Limit the prescribing of opioids to the morphine + milligram equivalent level per day specified in the guideline + published by the Centers for Disease Control and Prevention + titled ``CDC Guideline for Prescribing Opioids for Chronic + Pain--United States, 2016'', or such successor guideline. + (2) Limit the supply of opioids to within clinically + accepted guidelines. + (3) Develop a waiver process for specific patient + categories that will require treatment beyond the limit + specified in paragraph (1) and, as appropriate, ensure overdose + reversal drugs are co-prescribed. + (4) Implement controls to ensure that the prescriptions in + the military health system data repository exist and that the + dispense date and the metric quantity field for opioid + prescriptions in liquid form are consistent among all systems. + (5) Implement opioid prescribing controls within the + electronic health record system known as ``Genesis'' and + document if an overdose reversal drug was co-prescribed. + (6) Develop metrics that can be used by the Defense Health + Agency and each military medical treatment facility to actively + monitor and limit the over prescribing of opioids and to + monitor the co-prescribing of overdose reversal drugs as + accessible interventions. + (7) Develop a report that tracks progression toward reduced + levels of opioid use and includes an identification of + prevention best practices established by the Department. + +SEC. 718. ADDITION OF BURN PIT REGISTRATION TO ELECTRONIC HEALTH + RECORDS OF MEMBERS OF THE ARMED FORCES AND VETERANS. + + (a) Updates to Electronic Health Records.--Beginning not later than +1 year after the date of the enactment of this Act-- + (1) the Secretary of Defense shall ensure that the + electronic health record maintained by such Secretary of a + member of the Armed Forces registered with the burn pit + registry is updated with any information contained in such + registry; and + (2) the Secretary of Veterans Affairs shall ensure that the + electronic health record maintained by such Secretary of a + veteran registered with the burn pit registry is updated with + any information contained in such registry. + (b) Burn Pit Registry Defined.--In this section, the term ``burn +pit registry'' means the registry established under section 201 of the +Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 +(Public Law 112-260; 38 U.S.C. 527 note). + +SEC. 719. MAINTENANCE OF CERTAIN MEDICAL SERVICES AT MILITARY MEDICAL + TREATMENT FACILITIES AT SERVICE ACADEMIES. + + Section 1073d of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(f) Maintenance of Certain Medical Services at Service +Academies.--(1) In carrying out subsection (a), the Secretary of +Defense shall ensure that each military medical treatment facility +located at a Service Academy (as defined in section 347 of this title) +provides each covered medical service unless the Secretary determines +that a civilian health care facility located not fewer than five miles +from the Service Academy provides the covered medical service. + ``(2) In this subsection, the term `covered medical service' means +the following: + ``(A) Emergency room services. + ``(B) Orthopedic services. + ``(C) General surgery services. + ``(D) Ear, nose, and throat services. + ``(E) Gynecological services. + ``(F) Ophthalmology services. + ``(G) In-patient services. + ``(H) Any other medical services that the relevant + Superintendent of the Service Academy determines necessary to + maintain the readiness and health of the cadets or midshipmen + and members of the armed forces at the Service Academy.''. + +SEC. 720. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT. + + (a) Demonstration Project Required.--Not later than 1 year after +the date of the enactment of this Act, the Secretary of Defense shall +commence the conduct of a demonstration project designed to evaluate +the cost, quality of care, and impact on maternal and fetal outcomes of +using extramedical maternal health providers under the TRICARE program +to determine the appropriateness of making coverage of such providers +under the TRICARE program permanent. + (b) Elements of Demonstration Project.--The demonstration project +under subsection (a) shall include, for participants in the +demonstration project, the following: + (1) Access to doulas. + (2) Access to lactation consultants who are not otherwise + authorized to provide services under the TRICARE program. + (c) Participants.--The Secretary shall establish a process under +which covered beneficiaries may enroll in the demonstration project in +order to receive the services provided under the demonstration project. + (d) Duration.--The Secretary shall carry out the demonstration +project for a period of 5 years beginning on the date on which +notification of the commencement of the demonstration project is +published in the Federal Register. + (e) Survey.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, and annually thereafter for the + duration of the demonstration project, the Secretary shall + administer a survey to determine-- + (A) how many members of the Armed Forces or spouses + of such members give birth while their spouse or + birthing partner is unable to be present due to + deployment, training, or other mission requirements; + (B) how many single members of the Armed Forces + give birth alone; and + (C) how many members of the Armed Forces or spouses + of such members use doula support or lactation + consultants. + (2) Matters covered by the survey.--The survey administered + under paragraph (1) shall include an identification of the + following: + (A) The race, ethnicity, age, sex, relationship + status, military service, military occupation, and + rank, as applicable, of each individual surveyed. + (B) If individuals surveyed were members of the + Armed Forces or the spouses of such members, or both. + (C) The length of advanced notice received by + individuals surveyed that the member of the Armed + Forces would be unable to be present during the birth, + if applicable. + (D) Any resources or support that the individuals + surveyed found useful during the pregnancy and birth + process, including doula or lactation counselor + support. + (f) Reports.-- + (1) Implementation plan.--Not later than 180 days after the + date of the enactment of this Act, the Secretary shall submit + to the Committees on Armed Services of the Senate and the House + of Representatives a plan to implement the demonstration + project. + (2) Annual report.-- + (A) In general.--Not later than 1 year after the + commencement of the demonstration project, and annually + thereafter for the duration of the demonstration + project, the Secretary shall submit to the Committees + on Armed Services of the Senate and the House of + Representatives a report on the cost of the + demonstration project and the effectiveness of the + demonstration project in improving quality of care and + the maternal and fetal outcomes of covered + beneficiaries enrolled in the demonstration project. + (B) Matters covered.--Each report submitted under + subparagraph (A) shall address, at a minimum, the + following: + (i) The number of covered beneficiaries who + are enrolled in the demonstration project. + (ii) The number of enrolled covered + beneficiaries who have participated in the + demonstration project. + (iii) The results of the surveys under + subsection (f). + (iv) The cost of the demonstration project. + (v) An assessment of the quality of care + provided to participants in the demonstration + project. + (vi) An assessment of the impact of the + demonstration project on maternal and fetal + outcomes. + (vii) An assessment of the effectiveness of + the demonstration project. + (viii) Recommendations for adjustments to + the demonstration project. + (ix) The estimated costs avoided as a + result of improved maternal and fetal health + outcomes due to the demonstration project. + (x) Recommendations for extending the + demonstration project or implementing permanent + coverage under the TRICARE program of + extramedical maternal health providers. + (xi) An identification of legislative or + administrative action necessary to make the + demonstration project permanent. + (C) Final report.--The final report under + subparagraph (A) shall be submitted not later than 90 + days after the termination of the demonstration + project. + (g) Expansion of Demonstration Project.-- + (1) Regulations.--If the Secretary determines that the + demonstration project is successful, the Secretary may + prescribe regulations to include extramedical maternal health + providers as health care providers authorized to provide care + under the TRICARE program. + (2) Credentialing and other requirements.--The Secretary + may establish credentialing and other requirements for doulas + and lactation consultants through public notice and comment + rulemaking for purposes of including doulas and lactation + consultations as health care providers authorized to provide + care under the TRICARE program pursuant to regulations + prescribed under paragraph (1). + (h) Definitions.--In this section: + (1) Extramedical maternal health provider.--The term + ``extramedical maternal health provider'' means a doula or + lactation consultant. + (2) Covered beneficiary; tricare program.--The terms + ``covered beneficiary'' and ``TRICARE program'' have the + meanings given those terms in section 1072 of title 10, United + States Code. + + Subtitle C--Matters Relating to COVID-19 + +SEC. 721. COVID-19 MILITARY HEALTH SYSTEM REVIEW PANEL. + + (a) Establishment.--The Secretary of Defense shall establish a +panel to be known as the ``COVID-19 Military Health System Review +Panel'' (in this section referred to as the ``panel''). + (b) Composition.-- + (1) Members.--The panel shall be composed of the following + members: + (A) The President of the Uniformed Services + University of the Health Sciences. + (B) The Director of the Defense Health Agency. + (C) The Surgeon General of the Army. + (D) The Surgeon General of the Navy. + (E) The Surgeon General of the Air Force. + (F) The Joint Staff Surgeon. + (G) The Deputy Assistant Secretary of Defense for + Health Readiness Policy and Oversight. + (H) The Deputy Assistant Secretary of Defense for + Health Resources Management and Policy. + (2) Chairperson.--The chairperson of the panel shall be the + President of the Uniformed Services University of the Health + Sciences. + (3) Terms.--Each member shall be appointed for the life of + the panel. + (c) Duties.-- + (1) In general.--The panel shall-- + (A) review the response of the military health + system to the coronavirus disease 2019 (COVID-19) and + the effects of COVID-19 on such system, including by + analyzing any strengths or weaknesses of such system + identified as a result COVID-19; and + (B) using information from the review, make such + recommendations as the panel considers appropriate with + respect to any policy, practice, organization, manning + level, funding level, or legislative authority relating + to the military health system. + (2) Elements of review.--In conducting the review under + paragraph (1), each member of the panel shall lead a review of + at least one of the following elements, with respect to the + military health system: + (A) Policy, including any policy relating to force + health protection or medical standards for the + appointment, enlistment, or induction of individuals + into the Armed Forces. + (B) Public health activities, including any + activity relating to risk communication, surveillance, + or contact tracing. + (C) Research, diagnostics, and therapeutics. + (D) Logistics and technology. + (E) Force structure and manning. + (F) Governance and organization. + (G) Operational capabilities and operational + support. + (H) Education and training. + (I) Health benefits under the TRICARE program. + (J) Engagement and security activities relating to + global health. + (K) The financial impact of COVID-19 on the + military health system. + (d) Report.--Not later than June 1, 2021, the Secretary of Defense +shall submit to the congressional defense committees a report that +includes the findings of the panel as a result of the review under +subsection (c)(1)(A), together with such recommendations as the panel +considers appropriate under subsection (c)(1)(B). + (e) Termination.--The panel shall terminate on June 1, 2021. + +SEC. 722. COVID-19 GLOBAL WAR ON PANDEMICS. + + (a) Strategy.--The Secretary of Defense shall develop a strategy +for pandemic preparedness and response that includes the following: + (1) Identification of activities necessary to be carried + out prior to a pandemic to ensure preparedness and effective + communication of roles and responsibilities within the + Department of Defense, including-- + (A) reviewing the frequency of each exercise + conducted by the Department or a military department + that relates to a pandemic or severe influenza season + or related force health protection; + (B) ensuring such exercises are appropriately + planned, resourced, and practiced; + (C) including a consideration of the capabilities + and capacities necessary to carry out the strategy + under this section, and related operations for force + health protection, and ensuring that these are included + in each cost evaluation, Defense-wide review, or + manning assessment of the Department of Defense that + affects such capabilities and capacities; + (D) reviewing the placement, exploring broader + utilization of global health engagement liaisons, and + increasing the scope of global health activities of the + Department of Defense; + (E) assessing a potential career track relating to + health protection research for members of the Armed + Forces and civilian employees of the Department of + Defense; + (F) providing to members of the Armed Forces + guidance on force health protection prior to and during + a pandemic or severe influenza season, including + guidance on specific behaviors or actions required, + such as self-isolating, social distancing, and + additional protective measures to be carried out after + contracting a novel virus or influenza; + (G) reviewing and updating the inventory of medical + supplies and equipment of the Department of Defense + that is available for operational support to the + combatant commands prior to and during a pandemic (such + as vaccines, biologics, drugs, preventive medicine, + antiviral medicine, and equipment relating to trauma + support), including a review of-- + (i) the sufficiency of prepositioned + stocks; and + (ii) the effectiveness of the Warstopper + Program of the Defense Logistics Agency, or + such successor program; + (H) reviewing and updating distribution plans of + the Department of Defense for critical medical supplies + and equipment within the inventory of the Department of + Defense, including vaccines and antiviral medicines; + and + (I) reviewing and updating research on infectious + diseases and preventive medicine conducted by the + military health system, including research conducted by + the Health Related Communities of Interest of the + Department of Defense, the Joint Program Committees, + the overseas medical laboratories of the Department of + Defense, the Armed Forces Health Surveillance Branch, + or other elements of the Department of Defense that + conduct research in support of members of the Armed + Forces or beneficiaries under the TRICARE program. + (2) Review of Department of Defense systems for health + surveillance and detection to ensure continuous situational + awareness and early warning with respect to a pandemic, + including a review of-- + (A) the levels of funding and investment, and the + overall value, of the Global Emerging Infections + Surveillance and Response System of the Department of + Defense, including the value demonstrated by the role + of such system in-- + (i) improving the Department of Defense + prevention and surveillance of, and the + response to, infectious diseases that may + impact members of the Armed Forces; + (ii) informing decisions relating to force + health protection across the geographic + combatant commands; + (iii) ensuring laboratory readiness to + support pandemic response efforts and to + understand infectious disease threats to the + Armed Forces; and + (iv) coordinating and collaborating with + partners, such as the geographic combatant + commands, other Federal agencies, and + international partners; + (B) the levels of funding and investment, and the + overall value, of the overseas medical laboratories of + the Department of Defense, including the value + demonstrated by the role of such laboratories in + conducting research and forming partnerships with other + elements of the Department of Defense, other Federal + agencies, international partners in the country in + which such laboratory is located, and, as applicable, + the private sector of the United States; and + (C) the levels of funding and investment, and the + overall value, of the Direct HIV/AIDS Prevention + Program of the Department of Defense, including the + value demonstrated by the role of such program in + developing (in coordination with other Federal + agencies) programs for the prevention, care, and + treatment of the human immunodeficiency virus infection + and acquired immune deficiency syndrome. + (3) Identification of activities to limit the spread of an + infectious disease outbreak among members of the Armed Forces + and beneficiaries under the TRICARE program, including + activities to mitigate the health, social, and economic impacts + of a pandemic on such members and beneficiaries, including by-- + (A) reviewing the role of the Department of Defense + in the National Disaster Medical System under section + 2812 of the Public Health Service Act (42 U.S.C. 300hh- + 11) and implementing plans across the Department that + leverage medical facilities, personnel, and response + capabilities of the Federal Government to support + requirements under such Act relating to medical surge + capacity; + (B) determining the range of public health + capacity, medical surge capacity, administrative + capacity, and veterinary capacity necessary for the + Armed Forces to-- + (i) support operations during a pandemic; + and + (ii) develop mechanisms to reshape force + structure during such pandemic as necessary + (contingent upon primary mission requirements); + and + (C) determining the range of activities for + operational medical support and infrastructure + sustainment that the Department of Defense and other + Federal agencies have the capacity to implement during + a pandemic (contingent upon primary mission + requirements), and develop plans for the implementation + of such activities. + (b) Study on Response to COVID-19.--The Secretary shall conduct a +study on the response of the military health system to the coronavirus +disease 2019 (COVID-19). + (c) Report.--Not later than June 1, 2021, the Secretary shall +submit to the congressional defense committees a report containing-- + (1) the strategy under subsection (a); and + (2) the study under subsection (b), including any findings + or recommendations from the study that relate to an element of + the strategy under subsection (a), such as recommended changes + to policy, funding, practices, manning, organization, or + legislative authority. + (d) Inspector General Report on Response to COVID-19.--Not later +than June 1, 2021, the Inspector General of the Department of Defense +shall submit to the congressional defense committees and the Secretary +of Defense a report on-- + (1) the total dollar amount of waste, fraud, and abuse + uncovered in any Department of Defense spending under the + Defense Production Act of 1950 with respect to the COVID-19 + pandemic; and + (2) any recommendations on how to combat waste, fraud, and + abuse in future spending related to pandemic preparedness and + response. + +SEC. 723. REGISTRY OF TRICARE BENEFICIARIES DIAGNOSED WITH COVID-19. + + (a) Establishment.--Not later than June 1, 2021, the Secretary of +Defense shall establish and maintain a registry of TRICARE +beneficiaries who have been diagnosed with COVID-19. + (b) Contents.--The registry under subsection (a) shall include, +with respect to each TRICARE beneficiary included in the registry, the +following: + (1) The demographic information of the beneficiary. + (2) Information on the industrial or occupational history + of the beneficiary, to the extent such information is available + in the records regarding the COVID-19 diagnosis of the + beneficiary. + (3) Administrative information regarding the COVID-19 + diagnosis of the beneficiary, including the date of the + diagnosis and the location and source of the test used to make + the diagnosis. + (4) Any symptoms of COVID-19 manifested in the beneficiary. + (5) Any treatments for COVID-19 taken by the beneficiary, + or other medications taken by the beneficiary, when the + beneficiary was diagnosed with COVID-19. + (6) Any pathological data characterizing the incidence of + COVID-19 and the type of treatment for COVID-19 provided to the + beneficiary. + (7) Information on any respiratory illness of the + beneficiary recorded prior to the COVID-19 diagnosis of the + beneficiary. + (8) Any information regarding the beneficiary contained in + the Airborne Hazards and Open Burn Pit Registry established + under section 201 of the Dignified Burial and Other Veterans' + Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. + 527, note). + (9) Any other information determined appropriate by the + Secretary. + (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 House of Representatives and the Senate a report +on establishing the registry under subsection (a), including-- + (1) a plan to implement the registry; + (2) the cost of implementing the registry; + (3) the location of the registry; and + (4) any recommended legislative changes with respect to + establishing the registry. + (d) TRICARE Beneficiary Defined.--In this section, the term +``TRICARE beneficiary'' means the following: + (1) An individual covered by section 1074(a) of title 10, + United States Code. + (2) A covered beneficiary (as defined in section 1072 of + title 10, United States Code). + +SEC. 724. PANDEMIC HEALTH ASSESSMENTS EVALUATE EXPOSURE TO OPEN BURN + PITS AND TOXIC AIRBORNE CHEMICALS. + + (a) Exposure to Open Burn Pits and Toxic Airborne Chemicals or +Other Airborne Contaminants as Part of Health Assessments for Members +of the Armed Forces and Veterans During a Pandemic and Inclusion of +Information in Registry.-- + (1) Health assessment.--The Secretary of Defense and + Secretary of Veterans Affairs shall ensure that the first + health assessment conducted for a member of the Armed Forces or + veteran after the individual tested positive for a virus + certified by the Federal Government as a pandemic includes an + evaluation of whether the individual has been-- + (A) based or stationed at a location where an open + burn pit was used; or + (B) exposed to toxic airborne chemicals or other + airborne contaminants relating to service in the Armed + Forces, including an evaluation of any information + recorded as part of the Airborne Hazards and Open Burn + Pit Registry. + (2) Inclusion of individuals in registry.--If an evaluation + conducted under paragraph (1) with respect to an individual + establishes that the individual was based or stationed at a + location where an open burn pit was used, or that the + individual was exposed to toxic airborne chemicals or other + airborne contaminants, the individual shall be enrolled in the + Airborne Hazards and Open Burn Pit Registry unless the member + elects to not enroll in such registry. + (3) Rule of construction.--Nothing in this subsection may + be construed to preclude eligibility of a veteran for benefits + under the laws administered by the Secretary of Veterans + Affairs by reason of the history of exposure of the veteran to + an open burn pit not being recorded in an evaluation conducted + under paragraph (1). + (4) Definitions.--In this subsection: + (A) Airborne hazards and open burn pit registry.-- + The term ``Airborne Hazards and Open Burn Pit + Registry'' means the registry established by the + Secretary of Veterans Affairs under section 201 of the + Dignified Burial and Other Veterans' Benefits + Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. + 527 note). + (B) Open burn pit.--The term ``open burn pit'' has + the meaning given that term in section 201(c) of the + Dignified Burial and Other Veterans' Benefits + Improvement Act of 2012 (Public Law 112-260; 126 Stat. + 2422; 38 U.S.C. 527 note). + (b) Study on Impact of Viral Pandemics on Members of Armed Forces +and Veterans Who Have Experienced Toxic Exposure.-- + (1) In general.--The Secretary of Veterans Affairs shall + conduct a study, through the Airborne Hazards and Burn Pits + Center of Excellence (in this subsection referred to as the + ``Center''), on the health impacts of infection with a virus + designated as a global pandemic, including a coronavirus, to + members of the Armed Forces and veterans who have been exposed + to open burn pits and other toxic exposures for the purposes of + understanding the health impacts of the virus and whether + individuals infected with the virus are at increased risk of + severe symptoms due to previous conditions linked to toxic + exposure. + (2) Preparation for future pandemic.--The Secretary, + through the Center, shall analyze potential lessons learned + through the study conducted under paragraph (1) to assist in + preparing the Department of Veterans Affairs for potential + future pandemics. + (3) Definitions.--In this subsection: + (A) Coronavirus.--The term ``coronavirus'' has the + meaning given that term in section 506 of the + Coronavirus Preparedness and Response Supplemental + Appropriations Act, 2020 (Public Law 116-123). + (B) Open burn pit.--The term ``open burn pit'' has + the meaning given that term in section 201(c) of the + Dignified Burial and Other Veterans' Benefits + Improvement Act of 2012 (Public Law 112-260; 126 Stat. + 2422; 38 U.S.C. 527 note). + +SEC. 725. PROVISION OF INFORMATION REGARDING COVID-19 IN MULTIPLE + LANGUAGES. + + (a) Translation of Materials.--The Secretary of Defense shall-- + (1) translate any written material of the Department of + Defense prepared in the English language for the general public + relating to the COVID-19 pandemic into the languages specified + in subsection (b) by not later than 7 days after the date on + which such material is made available; and + (2) make such translated written material available to the + public. + (b) Languages Specified.--The languages specified in this +subsection are the following: + (1) Arabic. + (2) Cambodian. + (3) Chinese. + (4) French. + (5) Greek. + (6) Haitian Creole. + (7) Hindi. + (8) Italian. + (9) Japanese. + (10) Korean. + (11) Laotian. + (12) Polish. + (13) Portuguese. + (14) Russian. + (15) Spanish. + (16) Tagalog. + (17) Thai. + (18) Urdu. + (19) Vietnamese. + (c) Definition of COVID-19 Pandemic.--In this section, the term +``COVID-19 pandemic'' means the public health emergency declared by the +Secretary of Health and Human Services pursuant to section 319 of the +Public Health Service Act on January 31, 2020, entitled ``Determination +that a Public Health Emergency Exists Nationwide as the Result of the +2019 Novel Coronavirus''. + +SEC. 726. STUDY OF SUBSTANCE USE DISORDERS AMONG MEMBERS OF THE ARMED + FORCES AND VETERANS DURING THE COVID-19 PUBLIC HEALTH + EMERGENCY. + + (a) In General.--The Secretaries shall conduct a study on substance +use disorders among the relevant population before and during the +COVID-19 public health emergency. The study shall include the +following: + (1) Analysis of data about the relevant population who + overdosed from opioids or other illicit substances during the + public health emergency, using appropriate control samples and + comparing to existing population data. + (2) Analysis of fatal opioid and other illicit substances + overdose deaths among the relevant population during the public + health emergency, using appropriate control samples and + comparing to existing population data. + (3) Analysis of the prevalence of alcohol use disorder + among the relevant population during the public health + emergency, using existing data to identify any new trends. + (4) Analysis of the association between overdose deaths and + suicide among the relevant population. + (5) An overview of the resources from relevant Federal + agencies, including the Department of Defense, the United + States Department of Veterans Affairs, the Substance Abuse and + Mental Health Services Administration, the Centers for Disease + Control and Prevention, and the National Institutes of Health, + that were distributed to the relevant population during the + public health emergency, including methods of dissemination. + (6) An analysis of the utilization of recovery services and + barriers to access the services at the Veterans Health + Administration and the Military Health System by different + modes of delivery, such as telehealth, inpatient, outpatient, + intensive outpatient, and residential services, during the + public health emergency. + (7) Identification of key areas in which relevant Federal + agencies can improve their pandemic response as it relates to + substance use disorders and overdoses among the relevant + population, including steps that can be taken to improve the + preparedness of the agencies for future public health + emergencies declared by the Secretary under section 319 of the + Public Health Service Act. + (b) Reports.-- + (1) Interim report.--Within 120 days after the COVID-19 + public health emergency ends, the Secretaries shall submit to + the appropriate committees an interim report that contains an + update on the status of the study required by subsection (a). + (2) Final report.--Not later than 2 years after the COVID- + 19 public health emergency ends, the Secretaries shall submit + to the appropriate committees a final report that contains the + results of the study. + (c) Definitions.--In this section: + (1) Appropriate committees.--The term ``appropriate + committees'' means the Committee on Armed Services and the + Committee on Veterans' Affairs of the House of Representatives + and the Committee on Armed Services and the Committee on + Veterans' Affairs of the Senate. + (2) COVID-19 public health emergency.--The term ``COVID-19 + public health emergency'' means the public health emergency + declared by the Secretary of Health and Human Services on + January 27, 2020, with respect to the 2019 Novel Coronavirus. + (3) Relevant population.--The term ``relevant population'' + means members of the Armed Forces and veterans. + (4) Secretaries.--The term ``Secretaries'' means the + Secretary of Defense and the Secretary of Veterans Affairs. + + Subtitle D--Reports and Other Matters + +SEC. 731. MODIFICATIONS TO PILOT PROGRAM ON CIVILIAN AND MILITARY + PARTNERSHIPS TO ENHANCE INTEROPERABILITY AND MEDICAL + SURGE CAPABILITY AND CAPACITY OF NATIONAL DISASTER + MEDICAL SYSTEM. + + Section 740 of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92) is amended-- + (1) in subsection (a)-- + (A) by striking ``The Secretary of Defense may'' + and inserting ``Beginning not later than 180 days after + the date of the enactment of the National Defense + Authorization Act for Fiscal Year 2021, the Secretary + of Defense shall''; and + (B) by striking ``and the Secretary of + Transportation'' and inserting ``the Secretary of + Transportation, and the Administrator of the Federal + Emergency Management Agency''; + (2) in subsection (d), by striking ``and the Secretary of + Transportation'' and inserting ``the Secretary of + Transportation, and the Administrator of the Federal Emergency + Management Agency''; and + (3) in subsection (f)-- + (A) by striking ``the Committees on Armed Services + of the Senate and the House of Representatives'' each + place it appears and inserting ``the appropriate + congressional committees''; + (B) in paragraph (1)(B)(i), by inserting before the + period the following: ``, including a recommendation + for at least one of the locations selected under + subsection (c)''; and + (C) by adding at the end the following new + paragraph: + ``(3) Appropriate congressional committees defined.--In + this subsection, the term `appropriate congressional + committees' means the following: + ``(A) The Committee on Armed Services, the + Committee on Transportation and Infrastructure, the + Committee on Veterans' Affairs, the Committee on + Homeland Security, and the Committee on Energy and + Commerce of the House of Representatives. + ``(B) The Committee on Armed Services, the + Committee on Commerce, Science, and Transportation, the + Committee on Veterans' Affairs, the Committee on + Homeland Security and Governmental Affairs, and the + Committee on Health, Education, Labor, and Pensions of + the Senate.''. + +SEC. 732. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES AND + SUICIDE PREVENTION PROGRAMS AND ACTIVITIES OF THE + DEPARTMENT OF DEFENSE. + + Section 741(a)(2) of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1467) is amended-- + (1) in subparagraph (B), by adding at the end the following + new clause: + ``(iii) The 1-year period following the + date on which the member returns from such a + deployment.''; + (2) by redesignating subparagraphs (D) through (H) as + subparagraphs (E) through (I), respectively; + (3) by inserting after subparagraph (C) the following new + subparagraph (D): + ``(D) The number of suicides involving a member who + was prescribed a medication to treat a mental health or + behavioral health diagnosis during the 1-year period + preceding the death.''; and + (4) by adding at the end the following new subparagraph: + ``(J) A description of the programs carried out by + the military departments to address and reduce the + stigma associated with seeking assistance for mental + health or suicidal thoughts.''. + +SEC. 733. CLARIFICATION OF RESEARCH UNDER JOINT TRAUMA EDUCATION AND + TRAINING DIRECTORATE AND INCLUSION OF MILITARY WORKING + DOGS. + + (a) In General.--Subsection (b) of section 708 of the National +Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 +U.S.C. 1071 note) is amended-- + (1) in paragraph (7), by striking ``of members of the Armed + Forces'' and inserting ``with respect to both members of the + Armed Forces and military working dogs''; and + (2) by striking paragraph (9) and inserting the following + new paragraph: + ``(9) To inform and advise the conduct of research on the + leading causes of morbidity and mortality of members of the + Armed Forces and military working dogs in combat.''. + (b) Veterinarians in Personnel Management Plan.--Subsection (d)(1) +of such section is amended-- + (1) by redesignating subparagraph (F) as subparagraph (G); + and + (2) by inserting after subparagraph (E) the following new + subparagraph: + ``(F) Veterinary care.''. + +SEC. 734. EXTENSION OF THE JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF + VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION PROJECT. + + Section 1704(e) of the National Defense Authorization Act for +Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567), as most recently +amended by section 732 of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92), is further amended by striking +``September 30, 2021'' and inserting ``September 30, 2023''. + +SEC. 735. INFORMATION SHARING BY SECRETARY OF DEFENSE REGARDING + PREVENTION OF INFANT AND MATERNAL MORTALITY. + + (a) Authorization of Information Sharing.--The Secretary of Defense +may enter into memoranda of understanding with State and local health +authorities to share the practices of, and lessons learned by, the +military health system for the prevention of infant and maternal +mortality. + (b) State Defined.--In this section, the term ``State'' means each +State, the District of Columbia, each commonwealth, territory or +possession of the United States, and each federally recognized Indian +Tribe. + +SEC. 736. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-TRAUMATIC + STRESS DISORDER RESEARCH BETWEEN UNITED STATES AND + ISRAEL. + + (a) Sense of Congress.--It is the sense of Congress that the +Secretary of Defense, acting through the Psychological Health and +Traumatic Brain Injury Research Program, should seek to explore +scientific collaboration between American academic institutions and +nonprofit research entities, and Israeli institutions with expertise in +researching, diagnosing, and treating post-traumatic stress disorder. + (b) Grant Program.--The Secretary of Defense, in coordination with +the Secretary of Veterans Affairs and the Secretary of State, shall +award grants to eligible entities to carry out collaborative research +between the United States and Israel with respect to post-traumatic +stress disorders. The Secretary of Defense shall carry out the grant +program under this section in accordance with the agreement titled +``Agreement Between the Government of the United States of America and +the Government of Israel on the United States-Israel Binational Science +Foundation'', dated September 27, 1972. + (c) Eligible Entities.--To be eligible to receive a grant under +this section, an entity shall be an academic institution or a nonprofit +entity located in the United States. + (d) Award.--The Secretary shall award grants under this section to +eligible entities that-- + (1) carry out a research project that-- + (A) addresses a requirement in the area of post- + traumatic stress disorders that the Secretary + determines appropriate to research using such grant; + and + (B) is conducted by the eligible entity and an + entity in Israel under a joint research agreement; and + (2) meet such other criteria that the Secretary may + establish. + (e) Application.--To be eligible to receive a grant under this +section, an eligible entity shall submit an application to the +Secretary at such time, in such manner, and containing such commitments +and information as the Secretary may require. + (f) Gift Authority.--The Secretary may accept, hold, and +administer, any gift of money made on the condition that the gift be +used for the purpose of the grant program under this section. Such +gifts of money accepted under this subsection shall be deposited in the +Treasury in the Department of Defense General Gift Fund and shall be +available, subject to appropriation, without fiscal year limitation. + (g) Reports.--Not later than 180 days after the date on which an +eligible entity completes a research project using a grant under this +section, the Secretary shall submit to Congress a report that +contains-- + (1) a description of how the eligible entity used the + grant; and + (2) an evaluation of the level of success of the research + project. + (h) Termination.--The authority to award grants under this section +shall terminate on the date that is 7 years after the date on which the +first such grant is awarded. + +SEC. 737. PILOT PROGRAM ON CRYOPRESERVATION AND STORAGE. + + (a) Pilot Program.--The Secretary of Defense shall establish a +pilot program to provide not more than 1,000 members of the Armed +Forces serving on active duty with the opportunity to cryopreserve and +store their gametes prior to deployment to a combat zone. + (b) Period.-- + (1) In general.--The Secretary shall provide for the + cryopreservation and storage of gametes of a participating + member of the Armed Forces under subsection (a), at no cost to + the member, in a facility of the Department of Defense or at a + private entity pursuant to a contract under subsection (d) + until the date that is 1 year after the retirement, separation, + or release of the member from the Armed Forces. + (2) Continued cryopreservation and storage.--At the end of + the 1-year period specified in paragraph (1), the Secretary + shall authorize an individual whose gametes were cryopreserved + and stored in a facility of the Department as described in that + paragraph to select, including pursuant to an advance medical + directive or military testamentary instrument completed under + subsection (c), one of the following options: + (A) To continue such cryopreservation and storage + in such facility with the cost of such cryopreservation + and storage borne by the individual. + (B) To transfer the gametes to a private + cryopreservation and storage facility selected by the + individual. + (C) To authorize the Secretary to dispose of the + gametes of the individual not earlier than the date + that is 90 days after the end of the 1-year period + specified in paragraph (1) with respect to the + individual. + (c) Advance Medical Directive and Military Testamentary +Instrument.--A member of the Armed Forces who elects to cryopreserve +and store their gametes under this section shall complete an advance +medical directive described in section 1044c(b) of title 10, United +States Code, and a military testamentary instrument described in +section 1044d(b) of such title, that explicitly specifies the use of +their cryopreserved and stored gametes if such member dies or otherwise +loses the capacity to consent to the use of their cryopreserved and +stored gametes. + (d) Agreements.--To carry out this section, the Secretary may enter +into agreements with private entities that provide cryopreservation and +storage services for gametes. + +SEC. 738. PILOT PROGRAM ON PARENTS SERVING AS CERTIFIED NURSING + ASSISTANTS FOR CHILDREN UNDER TRICARE PROGRAM. + + (a) Pilot Program.--The Director of the Defense Health Agency may +carry out a pilot program under which an eligible parent serves as a +certified nursing assistant under the TRICARE program with respect to +providing personal care services to a covered child. + (b) Duration.--If the Director carries out the pilot program under +subsection (a), the Director shall carry out the pilot program for a +period of 18 months. + (c) Briefing.--If the Director carries out the pilot program under +subsection (a), not later than 1 year after the date of the enactment +of this Act, the Director shall provide to the congressional defense +committees a briefing on the pilot program. + (d) Report.--If the Director carries out the pilot program under +subsection (a), not later than 180 days after the date of the +completion of the pilot program, the Director shall submit to the +congressional defense committees a report on the pilot program. The +report shall include-- + (1) the cost of the program; + (2) an analysis of whether the pilot program met + established performance metrics; + (3) an analysis of whether the pilot program provided the + standard of care to the patient that is required; and + (4) the recommendation of the Director regarding whether + the pilot program should be made permanent. + (e) Definitions.--In this section: + (1) The term ``covered child'' means a covered beneficiary + described in section 1072(2)(D) of title 10, United States + Code, who-- + (A) is the child of a member of the uniformed + services serving on active duty; and + (B) is eligible for private duty nursing under the + Extended Care Health Option under subsections (d) + through (f) of section 1079 of such title. + (2) The term ``eligible parent'' means an individual who + is-- + (A) a certified nursing assistant; and + (B) the parent of a covered child. + (3) The term ``personal care services'' means personal care + services prescribed by a medical doctor and provided by a + certified nursing assistant under the supervision and guidance + of a registered nurse case manager. + (4) The term ``TRICARE program'' has the meaning given that + term in section 1072 of title 10, United States Code. + +SEC. 739. STUDY ON INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY AMONG + PILOTS IN THE ARMED FORCES. + + (a) Study.--Not later than 180 days after the date of the enactment +of this Act, the Secretary of Defense shall seek to enter into an +agreement with the National Academies of Sciences, Engineering, and +Medicine to conduct a study to-- + (1) determine the incidence of cancer diagnosis and + mortality among members, and former members, of the Armed + Forces who serve as pilots compared to such members who do not + serve as pilots, including by determining such incidence based + on gender, age, flying hours, Armed Force, and type of + aircraft; and + (2) determine the appropriate age to begin screening such + members for cancer, including by determining such age based on + gender, flying hours, Armed Force, and type of aircraft. + (b) Submission.--Not later than 2 years after the date on which the +Secretary enters into the agreement under subsection (a), the Secretary +shall submit to the appropriate congressional committees a report on +the findings from the study under such subsection. + (c) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' + means-- + (A) the Committees on Armed Services and Veterans' + Affairs of the House of Representatives; and + (B) the Committees on Armed Services and Veterans' + Affairs of the Senate. + (2) The term ``Armed Forces'' means each Armed Force under + the jurisdiction of the Secretary of a military department. + (3) The term ``pilot'' includes an individual who + frequently accompanies a pilot in a cockpit, such as a + navigator. + +SEC. 740. REPORT ON DIET AND NUTRITION OF MEMBERS OF THE ARMED FORCES. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report on the diet and nutrition of members of the Armed +Forces. The report shall describe the following: + (1) The relationship between the diet and nutrition of + members and the health, performance, and combat effectiveness + of members. + (2) The relationship between diets high in Omega-3 fatty + acids, or other diets that may lower inflammation and obesity, + and improved mental health. + (3) The extent to which the food and beverages offered at + the dining halls of the Armed Forces as of the date of the + report are designed to optimize the health, performance, and + combat effectiveness of members according to science-based + approaches. + (4) The plan of the Secretary to improve the health, + performance, and combat effectiveness of members by modifying + the food and beverages offered at the dining halls of the Armed + Forces, including in ways that minimize the change members. + (5) Expected costs and timeline to implement such plan, + including any expected savings from reduced medical costs. + +SEC. 741. REPORT ON COSTS AND BENEFITS OF ALLOWING RETIRED MEMBERS OF + THE ARMED FORCES TO CONTRIBUTE TO HEALTH SAVINGS + ACCOUNTS. + + (a) Report.--Not later than 180 days after the date of the +enactment of this Act, the Assistant Secretary of Defense for Health +Affairs shall submit to the congressional defense committees a report +on the costs and benefits of allowing covered individuals to make +contributions to a health savings account. + (b) Matters.--The report under subsection (a) shall include a +description of the following: + (1) Any anticipated cost savings as a result of allowing + covered individuals to make contributions to health savings + accounts. + (2) Any anticipated increase in health care options + available to covered individuals as a result of allowing such + contributions. + (3) Any anticipated disruption or delay in health services + or benefits for covered individuals as a result of allowing + such contributions. + (c) Definitions.--In this section: + (1) The term ``covered individual''-- + (A) means a beneficiary covered by subsection (c) + of section 1086 of title 10, United States Code; and + (B) includes a Medicare-eligible beneficiary + described in subsection (d)(2) of such section. + (2) The term ``health savings account'' has the meaning + given that term in section 223(d) of the Internal Revenue Code + of 1986. + +SEC. 742. STUDY ON TOXIC EXPOSURE AT KARSHI-KHANABAD AIR BASE, + UZBEKISTAN. + + (a) Study.-- + (1) In general.--The Secretary of Defense shall conduct a + study on toxic exposure by members of the Armed Forces deployed + to Karshi-Khanabad Air Base, Uzbekistan, at any time during the + period beginning October 1, 2001, and ending December 31, 2005. + (2) Matters included.--The study under paragraph (1) shall + include the following: + (A) An assessment regarding the conditions of + Karshi-Khanabad Air Base, Uzbekistan, during the period + beginning October 1, 2001, and ending December 31, + 2005, including an identification of toxic substances + contaminating the Air Base during such period. + (B) An epidemiological study of the health + consequences of a member of the Armed Forces deployed + to the Air Base during such period. + (C) An assessment of any association between + exposure to toxic substances identified under + subparagraph (A) and the health consequences studied + under subparagraph (B). + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the House of Representatives and the +Senate a report on the results of the study under subsection (a). + +SEC. 743. AUDIT OF MEDICAL CONDITIONS OF TENANTS IN PRIVATIZED MILITARY + HOUSING. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Inspector General of the Department of +Defense shall commence the conduct of an audit of the medical +conditions of eligible individuals and the association between adverse +exposures of such individuals in unsafe or unhealthy housing units and +the health of such individuals. + (b) Content of Audit.--The audit conducted under subsection (a) +shall-- + (1) determine the percentage of units of privatized + military housing that are unsafe or unhealthy housing units; + (2) study the adverse exposures of eligible individuals + that relate to residing in an unsafe or unhealthy housing unit + and the effect of such exposures on the health of such + individuals; and + (3) determine the association, to the extent permitted by + available scientific data, and provide quantifiable data on + such association, between such adverse exposures and the + occurrence of a medical condition in eligible individuals + residing in unsafe or unhealthy housing units. + (c) Conduct of Audit.--The Inspector General of the Department +shall conduct the audit under subsection (a) using the same privacy +preserving guidelines used by the Inspector General in conducting other +audits of health records. + (d) Source of Data.--In conducting the audit under subsection (a), +the Inspector General of the Department shall use-- + (1) de-identified data from electronic health records of + the Department; + (2) records of claims under the TRICARE program (as defined + in section 1072(7) of title 10, United States Code); and + (3) such other data as determined necessary by the + Inspector General. + (e) Submittal and Public Availability of Report.--Not later than 1 +year after the commencement of the audit under subsection (a), the +Inspector General of the Department shall-- + (1) submit to the Secretary of Defense and the Committees + on Armed Services of the Senate and the House of + Representatives a report on the results of the audit conducted + under subsection (a); and + (2) publish such report on a publicly available internet + website of the Department of Defense. + (f) Definitions.--In this section: + (1) The term ``eligible individual'' means a member of the + Armed Forces or a family member of a member of the Armed Forces + who-- + (A) has resided in an unsafe or unhealthy housing + unit; and + (B) has registered under the Housing Environmental + Health Response Registry of the Army. + (2) The term ``privatized military housing'' means military + housing provided under subchapter IV of chapter 169 of title + 10, United States Code. + (3) The term ``unsafe or unhealthy housing unit'' means a + unit of privatized military housing in which, at any given + time, at least one of the following hazards is present: + (A) Physiological hazards, including the following: + (i) Dampness or microbial growth. + (ii) Lead-based paint. + (iii) Asbestos or manmade fibers. + (iv) Ionizing radiation. + (v) Biocides. + (vi) Carbon monoxide. + (vii) Volatile organic compounds. + (viii) Infectious agents. + (ix) Fine particulate matter. + (B) Psychological hazards, including ease of access + by unlawful intruders or lighting issues. + (C) Poor ventilation. + (D) Safety hazards. + (E) Other hazards as determined by the Inspector + General of the Department. + +SEC. 744. REPORT ON INTEGRATED DISABILITY EVALUATION SYSTEM. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Secretary of Defense shall submit to +Congress a report on the findings of a study, conducted by the +Secretary for the purposes of the report, of the implementation and +application of the Integrated Disability Evaluation System. + (b) Matters Included.--The report under subsection (a) shall +include the following: + (1) All changes to policies and procedures applicable to + the implementation of the Integrated Disability Evaluation + System from the previous disability evaluation system. + (2) The extent to which the Integrated Disability + Evaluation System is the primary means of processing members of + the Armed Forces through the disability evaluation system + process. + (3) The extent to which the military departments and the + Defense Health Agency coordinate-- + (A) treatment of members of the Armed Forces; + (B) referrals of members of the Armed Forces to a + medical evaluation board; + (C) appointing a convening authority and staffing a + medical evaluation board; + (D) the sharing of medical documentation with a + medical evaluation board; + (E) evaluations of members of the Armed Forces for + initial or subsequent limited duty status; and + (F) a medical evaluation board referral to a + physical evaluation board. + (4) The process for members of the Armed Forces to request + an impartial medical review or rebut medical evaluation board + findings. + (5) The criteria a medical evaluation board convening + authority applies when considering such requests under + paragraph (4). + (6) The average time to process Integrated Disability + Evaluation System cases by both phase and stage (as defined in + Department of Defense Manual 1332.18) for both the active + component and reserve component. + +SEC. 745. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG MEMBERS OF + THE ARMED FORCES STATIONED AT REMOTE INSTALLATIONS + OUTSIDE THE CONTIGUOUS UNITED STATES. + + (a) Review Required.--The Comptroller General of the United States +shall conduct a review of efforts by the Department of Defense to +prevent suicide among members of the Armed Forces stationed at covered +installations. + (b) Elements of Review.--The review conducted under subsection (a) +shall include an assessment of each of the following: + (1) Current policy guidelines of the Armed Forces on the + prevention of suicide among members of the Armed Forces + stationed at covered installations. + (2) Current suicide prevention programs of the Armed Forces + and activities for members of the Armed Forces stationed at + covered installations and their dependents, including programs + provided by the Defense Health Program and the Office of + Suicide Prevention. + (3) The integration of mental health screenings and suicide + risk and prevention efforts for members of the Armed Forces + stationed at covered installations and their dependents into + the delivery of primary care for such members and dependents. + (4) The standards for responding to attempted or completed + suicides among members of the Armed Forces stationed at covered + installations and their dependents, including guidance and + training to assist commanders in addressing incidents of + attempted or completed suicide within their units. + (5) The standards regarding data collection for members of + the Armed Forces stationed at covered installations and their + dependents, including related factors such as domestic violence + and child abuse. + (6) The means to ensure the protection of privacy of + members of the Armed Forces stationed at covered installations + and their dependents who seek or receive treatment related to + suicide prevention. + (7) The availability of information from indigenous + populations on suicide prevention for members of the Armed + Forces stationed at covered installations who are members of + such a population. + (8) The availability of information from graduate research + programs of institutions of higher education on suicide + prevention for members of the Armed Forces. + (9) Such other matters as the Comptroller General considers + appropriate in connection with the prevention of suicide among + members of the Armed Forces stationed at covered installations + and their dependents. + (c) Briefing and Report.--The Comptroller General shall-- + (1) not later than October 1, 2021, brief the Committees on + Armed Services of the Senate and the House of Representatives + on preliminary observations relating to the review conducted + under subsection (a); and + (2) not later than March 1, 2022, submit to the Committees + on Armed Services of the Senate and the House of + Representatives a report containing the results of such review. + (d) Covered Installation Defined.--In this section, the term +``covered installation'' means a remote installation of the Department +of Defense outside the contiguous United States. + +SEC. 746. ANTIMICROBIAL STEWARDSHIP STAFFING AT MEDICAL TREATMENT + FACILITIES OF THE DEPARTMENT OF DEFENSE. + + (a) Development of Recommendations.--Not later than 90 days after +the date of the enactment of this Act, the Secretary of Defense, in +consultation with the Centers for Disease Control and Prevention and +relevant medical societies, shall develop for its military medical +treatment facilities-- + (1) stewardship staffing recommendations, based upon + facility size and patient populations; and + (2) diagnostics stewardship recommendations to improve + antimicrobial stewardship programs. + (b) Implementation Plan.--Not later than 180 days after the date of +the enactment of this Act, the Secretary shall submit to the Committees +on Armed Services of the House of Representatives and the Senate a plan +for carrying out the recommendations developed under subsection (a) and +identify barriers to implementing such recommendations. + +SEC. 747. REPORT ON CHIROPRACTIC CARE FOR DEPENDENTS AND RETIREES UNDER + THE TRICARE PROGRAM. + + Not later than 1 year after the date of the enactment of this Act, +the Director of the Defense Health Agency shall submit to the +congressional defense committees a report on the feasibility, efficacy, +and cost of expanding coverage for chiropractic care to covered +beneficiaries under the TRICARE program (as those terms are defined in +section 1072 of title 10, United States Code). + +SEC. 748. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT MILITARY + INSTALLATIONS. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report containing a study on the potential benefits and +feasibility of requiring that-- + (1) each enduring military installation located outside the + United States has at least one properly functioning medical + evacuation helicopter and at least one properly functioning + ambulance; and + (2) each such helicopter and ambulance is stocked with + appropriate emergency medical supplies. + +SEC. 749. FUNDING FOR PANCREATIC CANCER RESEARCH. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 1405 for the Defense Health Program, as specified in the +corresponding funding table in section 4501, for R&D Research is hereby +increased by $5,000,000 for the purposes of a pancreatic cancer early +detection initiative (EDI). + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 1405 for Defense Health Program, as specified in the +corresponding funding table in section 4501, for Base Operations/ +Communications is hereby reduced by $5,000,000. + +SEC. 750. REPORT ON MENTAL HEALTH TREATMENT RELATING TO PREGNANCY. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to +Congress a report with respect to mental health treatment relating to +pregnancy that assesses the following: + (1) The extent to which treatment for covered mental health + issues is available and accessible to active duty members of + the Armed Forces and the spouses of such members. + (2) The extent to which data on the rate of occurrence of + covered mental health issues among active duty members of the + Armed Forces, and the spouses of such members, is collected. + (3) The barriers that prevent active duty members of the + Armed Forces, and the spouses of such members, from seeking or + obtaining care for covered mental health issues. + (4) The ways in which the Department of Defense is + addressing barriers identified under paragraph (3). + (b) Covered Mental Health Issues Defined.--In this section, the +term ``covered mental health issues'' means pregnancy-related +depression, postpartum depression, and other pregnancy-related mood +disorders. + +SEC. 750A. REPORT ON COST OF EXTENDING TRICARE COVERAGE TO INDIVIDUALS + PARTICIPATING IN HEALTH PROFESSIONS SCHOLARSHIP AND + FINANCIAL ASSISTANCE PROGRAM. + + Not later than 120 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report containing an analysis of the cost of providing +coverage and health care benefits under the TRICARE program to each +individual currently participating in a health professions scholarship +and financial assistance program established pursuant to section 2121 +of title 10, United States Code. + +SEC. 750B. REPORT ON HEALTH CARE RECORDS OF DEPENDENTS WHO LATER SEEK + TO SERVE AS A MEMBER OF THE ARMED FORCES. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report on the use by the military departments of health +care records of individuals who are dependents or former dependents of +members of the Armed Forces with respect to that individual later +serving or seeking to serve as a member of the Armed Forces. The report +shall include the following: + (1) A description of the policy of the Department of + Defense and each military department with respect to combining + the juvenile medical records of such an individual with the + military medical records of that individual who serves as a + member of the Armed Forces. + (2) The total number of cases where such juvenile medical + records were so combined with the military medical records of + the individual. + (3) The total number of cases where an individual was + either discharged, or was prevented from joining the Armed + Forces, because of the juvenile medical records of the + individual from when the individual was a dependent of a member + of the Armed Forces. + (4) The total number of cases where an individual was + granted a waiver preventing a discharge or being denied from + joining the Armed Forces as described in paragraph (3). + (5) Any actions the Secretary of Defense or a Secretary of + a military department has taken or plans to take to prevent a + discharge or being denied from joining the Armed Forces as + described in paragraph (3). + +SEC. 750C. BRIEFING ON EXTENSION OF TRICARE PRIME TO ELIGIBLE + BENEFICIARIES IN PUERTO RICO AND OTHER UNITED STATES + TERRITORIES. + + (a) Briefing.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall provide to the +congressional defense committees a briefing on the feasibility, +benefits, and costs of extending eligibility to enroll in TRICARE Prime +to eligible beneficiaries who reside in Puerto Rico and other United +States territories. + (b) Elements.--The briefing under subsection (a) shall provide an +assessment specifically tailored to each United States territory and +include, at a minimum-- + (1) a description and update of the findings contained in + the 2019 Department of Defense report on the feasibility and + effect of extending TRICARE Prime to eligible beneficiaries + residing in Puerto Rico, as required by the conference report + accompanying the John S. McCain National Defense Authorization + Act for Fiscal Year 2019 (Public Law 115-232); + (2) an assessment of whether otherwise eligible + beneficiaries residing in Puerto Rico and other United States + territories have access to health care that is equivalent, with + respect to both quality and cost, to the care available to + their counterparts residing in the States and the District of + Columbia; + (3) an assessment of the feasibility, benefits, beneficiary + satisfaction and costs of extending TRICARE Prime to some, but + not all, categories of beneficiaries residing in Puerto Rico + and other United States territories; and + (4) an assessment of opportunities to partner with other + Federal health care systems to support resources and share + costs and services in extending TRICARE Prime in Puerto Rico + and the other United States territories. + (c) Other United States Territories Defined.--In this section, the +term ``other United States territories'' means American Samoa, Guam, +the Northern Mariana Islands, and the United States Virgin Islands. + +SEC. 750D. FUNDING FOR POST-TRAUMATIC STRESS DISORDER. + + (a) Funding.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated by +section 1405 for the Defense Health Program, as specified in the +corresponding funding table in such division, is hereby increased by +$2,500,000 for post-traumatic stress disorder. + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated for +operation and maintenance, Defense-wide, as specified in the +corresponding funding table in section 4301, for Operation and +Maintenance, Defense-wide is hereby reduced by $2,500,000. + +SEC. 750E. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE + BREAST CANCER. + + (a) In General.--The Office of Health of the Department of Defense +shall work in collaboration with the National Institutes of Health to-- + (1) identify specific genetic and molecular targets and + biomarkers for triple negative breast cancer; and + (2) provide information useful in biomarker selection, drug + discovery, and clinical trials design that will enable both-- + (A) triple negative breast cancer patients to be + identified earlier in the progression of their disease; + and + (B) the development of multiple targeted therapies + for the disease. + (b) Funding.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated by +section 1405 for the Defense Health Program, as specified in the +corresponding funding tables in division D, is hereby increased by +$10,000,000 to carry out subsection (a). + (c) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated for +operation and maintenance, Defense-wide, as specified in the +corresponding funding table in section 4301, for Operation and +Maintenance, Defense-wide is hereby reduced by $10,000,000. + +SEC. 750F. STUDY ON READINESS CONTRACTS AND THE PREVENTION OF DRUG + SHORTAGES. + + (a) Study.--The Secretary of Defense shall conduct a study on the +effectiveness of readiness contracts managed by the Customer Pharmacy +Operations Center of the Defense Logistics Agency in meeting the +military's drug supply needs. The study shall include an analysis of +how the contractual approach to manage drug shortages for military +health care can be a model for responding to drug shortages in the +civilian health care market in the United States. + (b) Consultation.--In conducting the study under subsection (a), +the Secretary of Defense shall consult with-- + (1) the Secretary of Veterans Affairs; + (2) the Commissioner of Food and Drugs and the + Administrator of the Drug Enforcement Administration; and + (3) physician organizations, drug manufacturers, pharmacy + benefit management organizations, and such other entities as + the Secretary determines appropriate. + (c) Report.--Not later than 1 year after the date of the enactment +of this Act, the Secretary of Defense shall submit to Congress a report +on the results of the study under subsection (a) and any conclusions +and recommendations of the Secretary relating to such study. + +SEC. 750G. FINDINGS AND SENSE OF CONGRESS ON MUSCULOSKELETAL INJURIES. + + (a) Findings.--Congress finds the following: + (1) Musculoskeletal injuries among members of the Armed + Forces serving on active duty result in more than 10,000,000 + limited-duty days each year and account for more than 70 + percent of the medically non-deployable population. + (2) Extremity injury accounts for 79 percent of reported + trauma cases in theater and members of the Armed Forces + experience anterior cruciate ligament (ACL) injuries at 10 + times the rate of the general population. + (b) Sense of Congress.--It is the sense of Congress that Congress-- + (1) recognizes the important work of the Naval Advanced + Medical Research Unit in Wound Care Research; and + (2) encourages continued development of innovations for the + warfighter, especially regarding tendon and ligament injuries + that prevent return to duty for extended periods of time. + +SEC. 750H. WOUNDED WARRIOR SERVICE DOG PROGRAM. + + (a) Grants Authorized.--The Secretary of Defense shall establish a +program, to be known as the ``Wounded Warrior Service Dog Program'', to +award competitive grants to nonprofit organizations to assist such +organizations in the planning, designing, establishing, or operating +(or any combination thereof) of programs to provide assistance dogs to +covered members and veterans. The awarding of such grants is subject to +the availability of appropriations provided for such purpose. + (b) Use of Funds.-- + (1) In general.--The recipient of a grant under this + section shall use the grant to carry out programs that provide + assistance dogs to covered members and veterans who have a + disability described in paragraph (2). + (2) Disability.--A disability described in this paragraph + is any of the following: + (A) Blindness or visual impairment. + (B) Loss of use of a limb, paralysis, or other + significant mobility issues. + (C) Loss of hearing. + (D) Traumatic brain injury. + (E) Post-traumatic stress disorder. + (F) Any other disability that the Secretary of + Defense considers appropriate. + (3) Timing of award.--The Secretary may not award a grant + under this section to reimburse a recipient for costs + previously incurred by the recipient in carrying out a program + to provide assistance dogs to covered members and veterans + unless the recipient elects for the award to be such a + reimbursement. + (c) Eligibility.--To be eligible to receive a grant under this +section, a nonprofit organization shall submit an application to the +Secretary at such time, in such manner, and containing such information +as the Secretary may require. Such application shall include-- + (1) a proposal for the evaluation required by subsection + (d); and + (2) a description of-- + (A) the training that will be provided by the + organization to covered members and veterans; + (B) the training of dogs that will serve as + assistance dogs; + (C) the aftercare services that the organization + will provide for such dogs and covered members and + veterans; + (D) the plan for publicizing the availability of + such dogs through a targeted marketing campaign to + covered members and veterans; + (E) the recognized expertise of the organization in + breeding and training such dogs; + (F) the commitment of the organization to humane + standards for animals; and + (G) the experience of the organization with working + with military medical treatment facilities or medical + facilities of the Department of Veterans Affairs; and + (3) a statement certifying that the organization-- + (A) is accredited by Assistance Dogs International, + the International Guide Dog Federation, or another + similar widely recognized accreditation organization + that the Secretary determines has accreditation + standards that meet or exceed the standards of + Assistance Dogs International and the International + Guide Dog Federation; or + (B) is a candidate for such accreditation or + otherwise meets or exceeds such standards, as + determined by the Secretary. + (d) Evaluation.--The Secretary shall require each recipient of a +grant to use a portion of the funds made available through the grant to +conduct an evaluation of the effectiveness of the activities carried +out through the grant by such recipient. + (e) Coordination.--The Secretary of Defense shall coordinate with +the Secretary of Veterans Affairs in awarding grants under this +section. + (f) Definitions.--In this section: + (1) Assistance dog.--The term ``assistance dog'' means a + dog specifically trained to perform physical tasks to mitigate + the effects of a disability described in subsection (b)(2), + except that the term does not include a dog specifically + trained for comfort or personal defense. + (2) Covered members and veterans.--The term ``covered + members and veterans'' means-- + (A) with respect to a member of the Armed Forces, + such member who is-- + (i) receiving medical treatment, + recuperation, or therapy under chapter 55 of + title 10, United States Code; + (ii) in medical hold or medical holdover + status; or + (iii) covered under section 1202 or 1205 of + title 10, United States Code; and + (B) with respect to a veteran, a veteran who is + enrolled in the health care system established under + section 1705(a) of title 38, United States Code. + +SEC. 750I. SENSE OF CONGRESS REGARDING MATERNAL MORTALITY REVIEW. + + It is the sense of Congress that-- + (1) maternal Mortality, and the racial disparities in the + rates of pregnancy-related deaths in our country, presents a + challenge to our Nation that requires a strong and uniform + response across all parts of our society, including the + military; + (2) the Defense Department should be acknowledged for the + efforts it has begun to address concerns about maternal + mortality and severe morbidity among service members and + dependents; + (3) State maternal mortality review committees, which + involve a multidisciplinary group of experts including + physicians, epidemiologists, and others, have made significant + advancements in identifying, characterizing, and providing a + deeper understanding of the circumstances surrounding each + maternal death, which can be helpful in designing effective + public health responses to prevent future such deaths; + (4) key to the work of such review committees is + transparent, consistent, and comprehensive data collection + regarding maternal deaths, the use of effective methods to + ensure confidentiality protections and de-identification of any + information specific to a reviewed case, information sharing + with relevant stakeholders including access to the CDC's + National Death Index data and State death certificate data; + (5) the Defense Department is encouraged to continue to + work to establish a maternal mortality review committee which + would conduct reviews of each death of a service member or + dependent during pregnancy or childbirth involving a + multidisciplinary group of experts including physicians, + epidemiologists, patient advocates, civilians with experience + with maternal mortality review committees and reviews of + maternal mortality records, and other experts; + (6) the Department should keep Congress regularly updated + and informed, through reports and briefings on its efforts to + set up the committee referenced in paragraph (5), any barriers + to establishing such committee, and its overall efforts to + address maternal mortality among service members and + dependents, including its efforts to participate in the + Alliance for Innovation on Maternal program or similar maternal + health quality improvement initiatives. + +SEC. 750J. REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS OF THE + NATIONAL GUARD AND RESERVE COMPONENTS. + + (a) Report.--Not later than 1 year after the date of the enactment +of this Act, the Comptroller General of the United States shall submit +to the appropriate congressional committees a report containing an +analysis of each of the following: + (1) Any lapses in coverage under the TRICARE program for a + member of a reserve component that occurred during the 8-year + period ending on the date of the enactment of this Act and were + caused by a change in the duty status of such member, including + an identification of the total number of such lapses. + (2) The factors contributing to any such lapses, + including-- + (A) technological factors, including factors + relating to outdated systems; + (B) human errors in processing changes in duty + status; and + (C) shortages in the level of administrative + staffing of the National Guard. + (3) How factors contributing to any such lapses were + identified under paragraph (2) and whether actions have been + taken to address the factors. + (4) The effect of any such lapses on-- + (A) the delivery of health care benefits to members + of the reserve components and the eligible dependents + of such members; or + (B) force readiness and force retention. + (5) The parties responsible for identifying and + communicating to a member of a reserve component issues + relating to eligibility under the TRICARE program. + (6) The methods by which a member of a reserve component, + an eligible dependent of such member, or the Secretary of + Defense may verify the status of enrollment in the TRICARE + program regarding the member before, during, and after a + deployment of the member. + (7) The comparative effectiveness, with respect to the + delivery of health care benefits to a member of a reserve + component and eligible dependents of such member, of-- + (A) continuing the current process by which a + previously eligible member must transition from + coverage under TRICARE Reserve Select to coverage under + TRICARE Prime after a change to active service in the + duty status of such member; and + (B) establishing a new process by which a + previously eligible member may remain covered by + TRICARE Reserve Select after a change to active service + in the duty status of such member (whether by allowing + a previously eligible member to pay a premium for such + coverage or by requiring the Federal Government to + provide for such coverage). + (8) Whether the current process referred to in paragraph + (7)(A) negatively affects the delivery of health care benefits + as a result of transitions between network providers. + (9) The actions necessary to prevent future occurrences of + such lapses, including legislative actions. + (b) Definitions.--In this section: + (1) The term ``active service'' has the meaning given that + term in section 101(d) of title 10, United States Code. + (2) The term ``appropriate congressional committees'' means + the congressional defense committees (as defined in section + 101(a) of title 10, United States Code) and the Committees on + Veterans' Affairs of the House of Representatives and the + Senate. + (3) The term ``eligible dependent'' means a dependent of a + member of a reserve component-- + (A) described in subparagraph (A), (D), or (I) of + section 1072(2) of title 10, United States Code; and + (B) eligible for coverage under the TRICARE + Program. + (4) The term ``previously eligible member'' means a member + of a reserve component who was eligible for coverage under + TRICARE Reserve Select pursuant to section 1076d of title 10, + United States Code, prior to a change to active service in the + duty status of such member. + (5) The terms ``TRICARE Prime'' and ``TRICARE program'' + have the meanings given those terms in section 1072 of title + 10, United States Code. + (6) The term ``TRICARE Reserve Select'' has the meaning + given that term in section 1076d(f) of title 10, United States + Code. + +SEC. 750K. STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES ACROSS + ARMED FORCES. + + (a) Study.--The Secretary of Defense shall conduct a study that +reviews, identifies, and evaluates the technology approaches, policies, +and concepts of operations of telehealth and telemedicine programs +across all military departments. The study shall include: + (1) Identification and evaluation of limitations and + vulnerabilities of healthcare and medicine capabilities as they + relate to telemedicine. + (2) Identification and evaluation of essential technologies + needed to achieve documented goals and capabilities of + telehealth and associated technologies required to support + sustainability. + (3) Development of a technology maturation roadmap, + including an estimated funding profile over time, needed to + achieve an effective operational telehealth usage that + describes both the critical and associated supporting + technologies, systems integration, prototyping and + experimentation, and test and evaluation. + (4) An analysis of telehealth programs, such as remote + diagnostic testing and evaluation tools that contribute to the + medical readiness of military medical providers. + (b) Report.--Not later than 1 year after the date of the enactment +of this Act, the Secretary of Defense shall submit to the Congressional +defense committees the study conducted under subsection (a). + +SEC. 750L. STUDY ON JOINT DEPLOYMENT FORMULARY. + + (a) Study.--Not later than 270 days after the date of the enactment +of this Act, the Secretary of Defense, in consultation with the +Secretary of Health and Human Services, the Commissioner of Food and +Drugs, and the heads of other departments and agencies of the Federal +Government that the Secretary of Defense determines appropriate, shall +submit to the appropriate congressional committees a report containing +a study on the joint deployment formulary. + (b) Elements.--The study under subsection (a) shall include-- + (1) a list of the drugs and vaccines on the joint + deployment formulary; + (2) an identification of the active pharmaceutical + ingredients of such drugs and vaccines and the components of + such active pharmaceutical ingredients; + (3) the country of origin of-- + (A) the active pharmaceutical ingredients; + (B) the components of such ingredients; and + (C) the source materials of such ingredients and + components; + (4) a list of each manufacturer of such drugs and vaccines + that is owned, in whole or in part, by a foreign entity, + including-- + (A) identification of each such foreign entity; and + (B) the percentage of such ownership by each such + foreign entity; + (5) identification of any barriers, limitations, or + constraints that may inhibit the ability of the Department of + Defense to procure and sustain its supply of drugs and + vaccines, including with respect to-- + (A) the Federal Acquisition Regulation; + (B) applicable laws and regulations of the Federal + Government; and + (C) whether the raw materials can be found in the + United States; + (6) an identification of military partners and allies of + the United States who could help manufacture such components + and materials; + (7) an assessment of the steps the Secretary of Defense is + currently taking to mitigate any shortages of critical drugs + and vaccines on the joint deployment formulary; + (8) a description of how the Secretary of Defense + coordinates with the Secretary of Health and Human Services, + the Commissioner of Food and Drugs, the Secretary of Commerce, + the Secretary of Veterans Affairs, and other applicable heads + of departments and agencies of the Federal Government; and + (9) if the Secretary is unable to provide any of the + information under paragraphs (1) through (8), identification of + any barriers in providing such information. + (c) Form.-- + (1) In general.--The report submitted under subsection (a) + shall be submitted in classified form and shall include an + unclassified summary. + (2) Protection of information.--The Secretary of Defense-- + (A) shall ensure that the unclassified summary + described in paragraph (1) protects proprietary + information pursuant to the Federal Acquisition + Regulation and the Defense Federal Acquisition + Regulation; and + (B) may not disclose in such unclassified summary + any information that is a trade secret under section + 552(b)(4) of title 5, United States Code, or + confidential information under section 1905 of title + 18, United States Code. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; + (2) the Committee on Energy and Commerce of the House of + Representatives and the Committee on Health, Education, Labor, + and Pensions of the Senate; and + (3) any other committee of Congress the Secretary of + Defense determines appropriate. + +Subtitle E--Mental Health Services From Department of Veterans Affairs + for Members of Reserve Components + +SEC. 751. SHORT TITLE. + + This subtitle may be cited as the ``Care and Readiness Enhancement +for Reservists Act of 2020'' or the ``CARE for Reservists Act of +2020''. + +SEC. 752. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND + RELATED OUTPATIENT SERVICES FROM DEPARTMENT OF VETERANS + AFFAIRS TO INCLUDE MEMBERS OF RESERVE COMPONENTS OF THE + ARMED FORCES. + + (a) Readjustment Counseling.--Subsection (a)(1) of section 1712A of +title 38, United States Code, is amended by adding at the end the +following new subparagraph: + ``(D)(i) The Secretary, in consultation with the Secretary of +Defense, may furnish to any member of the reserve components of the +Armed Forces who has a behavioral health condition or psychological +trauma, counseling under subparagraph (A)(i), which may include a +comprehensive individual assessment under subparagraph (B)(i). + ``(ii) A member of the reserve components of the Armed Forces +described in clause (i) shall not be required to obtain a referral +before being furnished counseling or an assessment under this +subparagraph.''. + (b) Outpatient Services.--Subsection (b) of such section is +amended-- + (1) in paragraph (1)-- + (A) by inserting ``to an individual'' after ``If, + on the basis of the assessment furnished''; and + (B) by striking ``veteran'' each place it appears + and inserting ``individual''; and + (2) in paragraph (2), by striking ``veteran'' and inserting + ``individual''. + (c) Effective Date.--The amendments made by this section shall take +effect on the date that is 1 year after the date of the enactment of +this Act. + +SEC. 753. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF + VETERANS AFFAIRS TO MEMBERS OF RESERVE COMPONENTS OF THE + ARMED FORCES. + + (a) In General.--Subchapter VIII of chapter 17 of title 38, United +States Code, is amended by adding at the end the following new section: +``Sec. 1789. Mental health services for members of the reserve + components of the Armed Forces + ``The Secretary, in consultation with the Secretary of Defense, may +furnish mental health services to members of the reserve components of +the Armed Forces.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 1788 the following new item: + +``1789. Mental health services for members of the reserve components of + the Armed Forces.''. + +SEC. 754. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN MENTAL HEALTH + PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. + + (a) Suicide Prevention Program.-- + (1) In general.--Section 1720F of title 38, United States + Code, is amended by adding at the end the following new + subsection: + ``(l)(1) Covered Individual Defined.--In this section, the term +`covered individual' means a veteran or a member of the reserve +components of the Armed Forces. + ``(2) In determining coverage of members of the reserve components +of the Armed Forces under the comprehensive program, the Secretary +shall consult with the Secretary of Defense.''. + (2) Conforming amendments.--Such section is further + amended-- + (A) in subsection (a), by striking ``veterans'' and + inserting ``covered individuals''; + (B) in subsection (b), by striking ``veterans'' + each place it appears and inserting ``covered + individuals''; + (C) in subsection (c)-- + (i) in the subsection heading, by striking + ``of Veterans''; + (ii) by striking ``veterans'' each place it + appears and inserting ``covered individuals''; + and + (iii) by striking ``veteran'' and inserting + ``individual''; + (D) in subsection (d), by striking ``to veterans'' + each place it appears and inserting ``to covered + individuals''; + (E) in subsection (e), in the matter preceding + paragraph (1), by striking ``veterans'' and inserting + ``covered individuals''; + (F) in subsection (f)-- + (i) in the first sentence, by striking + ``veterans'' and inserting ``covered + individuals''; and + (ii) in the second sentence, by inserting + ``or members'' after ``veterans''; + (G) in subsection (g), by striking ``veterans'' and + inserting ``covered individuals''; + (H) in subsection (h), by striking ``veterans'' and + inserting ``covered individuals''; + (I) in subsection (i)-- + (i) in the subsection heading, by striking + ``for Veterans and Families''; + (ii) in the matter preceding paragraph (1), + by striking ``veterans and the families of + veterans'' and inserting ``covered individuals + and the families of covered individuals''; + (iii) in paragraph (2), by striking + ``veterans'' and inserting ``covered + individuals''; and + (iv) in paragraph (4), by striking + ``veterans'' each place it appears and + inserting ``covered individuals''; + (J) in subsection (j)-- + (i) in paragraph (1), by striking + ``veterans'' each place it appears and + inserting ``covered individuals''; and + (ii) in paragraph (4)-- + (I) in subparagraph (A), in the + matter preceding clause (i), by + striking ``women veterans'' and + inserting ``covered individuals who are + women''; + (II) in subparagraph (B), by + striking ``women veterans who'' and + inserting ``covered individuals who are + women and''; and + (III) in subparagraph (C), by + striking ``women veterans'' and + inserting ``covered individuals who are + women''; and + (K) in subsection (k), by striking ``veterans'' and + inserting ``covered individuals''. + (3) Clerical amendments.-- + (A) In general.--Such section is further amended, + in the section heading, by inserting ``and members of + the reserve components of the Armed Forces'' after + ``veterans''. + (B) Table of sections.--The table of sections at + the beginning of such subchapter is amended by striking + the item relating to section 1720F and inserting the + following new item: + +``1720F. Comprehensive program for suicide prevention among veterans + and members of the reserve components of + the Armed Forces.''. + (b) Mental Health Treatment for Individuals Who Served in +Classified Missions.-- + (1) In general.--Section 1720H of such title is amended-- + (A) in subsection (a)-- + (i) in paragraph (1)-- + (I) by striking ``eligible + veteran'' and inserting ``eligible + individual''; and + (II) by striking ``the veteran'' + and inserting ``the individual''; and + (ii) in paragraph (3), by striking + ``eligible veterans'' and inserting ``eligible + individuals''; + (B) in subsection (b)-- + (i) by striking ``a veteran'' and inserting + ``an individual''; and + (ii) by striking ``eligible veteran'' and + inserting ``eligible individual''; and + (C) in subsection (c)-- + (i) in paragraph (2), in the matter + preceding subparagraph (A), by striking ``The + term `eligible veteran' means a veteran'' and + inserting ``The term `eligible individual' + means a veteran or a member of the reserve + components of the Armed Forces''; and + (ii) in paragraph (3), by striking + ``eligible veteran'' and inserting ``eligible + individual''. + (2) Clerical amendments.-- + (A) In general.--Such section is further amended, + in the section heading, by inserting ``and members of + the reserve components of the Armed Forces'' after + ``veterans''. + (B) Table of sections.--The table of sections at + the beginning of chapter 17 of such title is amended by + striking the item relating to section 1720H and + inserting the following new item: + +``1720H. Mental health treatment for veterans and members of the + reserve components of the Armed Forces who + served in classified missions.''. + +SEC. 755. REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY + DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED + FORCES. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall submit +to the congressional defense committees and the Committees on Veterans' +Affairs of the Senate and the House of Representatives a report that +includes an assessment of the following: + (1) The increase, as compared to the day before the date of + the enactment of this Act, of the number of members of the + Armed Forces that use readjustment counseling or outpatient + mental health care from the Department of Veterans Affairs, + disaggregated by State, Vet Center location, and clinical care + site of the Department, as appropriate. + (2) The number of members of the reserve components of the + Armed Forces receiving telemental health care from the + Department. + (3) The increase, as compared to the day before the date of + the enactment of this Act, of the annual cost associated with + readjustment counseling and outpatient mental health care + provided by the Department to members of the reserve components + of the Armed Forces. + (4) The changes, as compared to the day before the date of + the enactment of this Act, in staffing, training, organization, + and resources required for the Department to offer readjustment + counseling and outpatient mental health care to members of the + reserve components of the Armed Forces. + (5) Any challenges the Department has encountered in + providing readjustment counseling and outpatient mental health + care to members of the reserve components of the Armed Forces. + (b) Vet Center Defined.--In this section, the term ``Vet Center'' +has the meaning given that term in section 1712A(h) of title 38, United +States Code. + +SEC. 756. PILOT PROGRAM ON SLEEP APNEA AMONG NEW RECRUITS. + + (a) Pilot Program.--The Secretary of Defense, acting through the +Defense Health Agency, shall carry out a pilot program to determine the +prevalence of sleep apnea among members of the Armed Forces assigned to +initial training. + (b) Participation.-- + (1) Members.--The Secretary shall ensure that the number of + members who participate in the pilot program under subsection + (a) is sufficient to collect statistically significant data for + each military department. + (2) Special rule.--The Secretary may not disqualify a + member from service in the Armed Forces by reason of the member + being diagnosed with sleep apnea pursuant to the pilot program + under subsection (a). + (c) Process.--The Secretary shall carry out the pilot program by +testing members for sleep apnea using non-invasive methods over the +course of 2 consecutive nights that allow for 6 to 8 hours of sleep. + +SEC. 757. REPORT ON RESEARCH AND STUDIES ON HEALTH EFFECTS OF BURN + PITS. + + The Secretary of Defense shall submit to the congressional defense +committees and the Committees on Veterans' Affairs of the House of +Representatives and the Senate a detailed report on the status, +methodology, and culmination timeline of all the research and studies +being conducted to assess the health effects of burn pits. The report +shall include an identification of any challenges and potential +challenges with respect to completing such research and studies and +recommendations to address such challenges. + +SEC. 758. MANDATORY TRAINING ON HEALTH EFFECTS OF BURN PITS. + + The Secretary of Defense shall provide to each medical provider of +the Department of Defense mandatory training with respect to the +potential health effects of burn pits. + +SEC. 759. INCLUSION OF INFORMATION ON EXPOSURE TO OPEN BURN PITS IN + POSTDEPLOYMENT HEALTH REASSESSMENTS. + + (a) In General.--The Secretary of Defense shall include in +postdeployment health reassessments conducted under section 1074f of +title 10, United States Code, pursuant to a Department of Defense Form +2796, or successor form, an independent and conspicuous question +regarding exposure of members of the Armed Forces to open burn pits. + (b) Inclusion in Assessments by Military Departments.--The +Secretary of Defense shall ensure that the Secretary of each military +department includes a question regarding exposure of members of the +Armed Forces to open burn pits in any electronic postdeployment health +assessment conducted by that military department. + (c) Open Burn Pit Defined.--In this section, the term ``open burn +pit'' has the meaning given that term in section 201(c) of the +Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 +(Public Law 112-260; 38 U.S.C. 527 note). + +SEC. 760. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS AFFAIRS OPEN + BURN PIT REGISTRY TO INCLUDE OPEN BURN PITS IN EGYPT AND + SYRIA. + + Section 201(c)(2) of the Dignified Burial and Other Veterans' +Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 +note) is amended, in the matter before subparagraph (A), by striking +``or Iraq'' and inserting ``, Iraq, Egypt, or Syria''. + +SEC. 761. PILOT PROGRAM ON TREATMENT OF CERTAIN MEMBERS OF THE ARMED + FORCES IMPACTED BY TRAUMATIC BRAIN INJURY AND OTHER + ASSOCIATED HEALTH FACTORS THAT INFLUENCE LONG-TERM BRAIN + HEALTH AND PERFORMANCE. + + (a) Pilot Program.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense may + commence the conduct of a pilot program through the award of + grants to carry out a comprehensive brain health and treatment + program that provides coordinated, integrated, + multidisciplinary specialist evaluations, treatment initiation, + and aftercare coordination to members of the Army, Navy, Air + Force, Marine Corps, and Space Force impacted by traumatic + brain injury and other associated health factors that influence + long-term brain health and performance. + (2) Elements.-- + (A) Evaluations.--Multidisciplinary specialist + evaluations under paragraph (1) shall include + evaluations in the following specialties: + (i) Brain injury medicine. + (ii) Neuropsychology. + (iii) Clinical psychology. + (iv) Psychiatry. + (v) Neuroendocrinology. + (vi) Sports medicine. + (vii) Muscular skeletal and vestibular + physical therapy. + (viii) Neuroimaging. + (ix) Hormonal evaluation. + (x) Metabolic testing. + (xi) Cardiovascular testing. + (xii) Cerebrovascular testing. + (B) Treatment.--Treatment under paragraph (1) shall + include the following: + (i) Headache treatment. + (ii) Sleep interventions and medication. + (iii) Injection-based therapies for + musculoskeletal pain. + (iv) Cognitive rehabilitation. + (v) Vestibular physical therapy. + (vi) Exercise programming. + (b) Eligible Individuals.--An individual is eligible to participate +in the pilot program under this section if the individual-- + (1) is a member of the Army, Navy, Air Force, Marine Corps, + or Space Force who served on active duty; and + (2) experienced an incident for which treatment may be + sought under the pilot program while performing-- + (A) active service; or + (B) active Guard and Reserve duty. + (c) Maximum Amount of Grants.--In accordance with the services +being provided under a grant under this section and the duration of +those services, the Secretary shall establish a maximum amount to be +awarded under the grant that is not greater than $750,000 per grantee +per fiscal year. + (d) Requirements for Receipt of Financial Assistance.-- + (1) Notification that services are from department.--Each + entity receiving financial assistance under this section to + provide services to eligible individuals and their family shall + notify the recipients of such services that such services are + being paid for, in whole or in part, by the Department. + (2) Coordination with other services from department.--Each + entity receiving a grant under this section shall coordinate + with the Secretary with respect to the provision of clinical + services to eligible individuals in accordance with any other + provision of law regarding the delivery of healthcare under the + laws administered by the Secretary. + (3) Measurement and monitoring.--Each entity receiving a + grant under this section shall submit to the Secretary a + description of the tools and assessments the entity uses or + will use to determine the effectiveness of the services + furnished by the entity under this section, including the + effect of those services on-- + (A) the financial stability of eligible individuals + receiving those services; + (B) the mental health status, well-being, and + suicide risk of those eligible individuals; and + (C) the social support of those eligible + individuals. + (4) Reports.--The Secretary-- + (A) shall require each entity receiving financial + assistance under this section to submit to the + Secretary an annual report that describes the projects + carried out with such financial assistance during the + year covered by the report, including the number of + eligible individuals served; + (B) shall specify to each such entity the + evaluation criteria and data and information, which + shall include a mental health, well-being, and suicide + risk assessment of each eligible individual served, to + be submitted in such report; and + (C) may require such entities to submit to the + Secretary such additional reports as the Secretary + considers appropriate. + (e) Termination.--The Secretary may not conduct the pilot program +under this section after the date that is 3 years after the date of the +enactment of this Act. + (f) Report.--Not later than 180 days after the date on which the +pilot program under this section terminates, the Secretary shall submit +to the Committees on Armed Services of the Senate and the House of +Representatives a report on the effectiveness of the pilot program. + (g) Definitions.--In this section, the terms ``active duty'', +``active Guard and Reserve duty'', and ``active service'' have the +meanings given those terms in section 101 of title 10, United States +Code. + + TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + MATTERS + + Subtitle A--Acquisition Policy and Management + +SEC. 801. CONGRESSIONAL NOTIFICATION OF TERMINATION OF A MIDDLE TIER + ACQUISITION PROGRAM. + + Section 804 of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note), is amended by +adding at the end the following new subsection: + ``(e) Report.--Not later than 30 days after the date of termination +of an acquisition program commenced using the authority under this +section, the Secretary of Defense shall submit to Congress a +notification of such termination. Such notice shall include-- + ``(1) the initial amount of a contract awarded under such + acquisition program; + ``(2) the aggregate amount of funds awarded under such + contract; and + ``(3) written documentation of the reason for termination + of such acquisition program.''. + +SEC. 802. MODIFICATION TO THE DEFINITION OF NONTRADITIONAL DEFENSE + CONTRACTOR. + + Section 2302(9) of title 10, United States Code, is amended to read +as follows: + ``(9) the term `nontraditional defense contractor', with + respect to a procurement or with respect to a transaction + authorized under section 2371(a) or 2371b of this title, + means-- + ``(A) an entity that is not currently performing + and has not performed, for at least the one-year period + preceding the solicitation of sources by the Department + of Defense for the procurement or transaction, any + contract or subcontract for the Department of Defense + that is subject to full coverage under the cost + accounting standards prescribed pursuant to section + 1502 of title 41 and the regulations implementing such + section; or + ``(B) a corporation all of the stock of which is + owned by an employee stock ownership plan (as defined + in section 4975(e)(7) of the Internal Revenue Code of + 1986).''. + +SEC. 803. MAJOR WEAPON SYSTEMS: LIFE-CYCLE SUSTAINMENT PLAN. + + (a) In General.--Chapter 139 of title 10, United States Code, is +amended by inserting after section 2366c the following new section: +``Sec. 2366d. Major weapon systems: life-cycle sustainment plans + ``(a) Requirement.--Before granting Milestone C approval for a +major weapon system acquired pursuant to a major defense acquisition +program, the milestone decision authority for such program shall submit +to the Secretary a life-cycle sustainment plan. + ``(b) Elements.--A life-cycle sustainment plan required under +subsection (a) shall include-- + ``(1) a sustainment plan that includes the product support + strategy, performance, and operation and support costs of the + major weapon system; + ``(2) metrics to measure readiness and availability of the + major weapon system to perform its intended purpose or + function; + ``(3) a schedule for the major maintenance and overhaul + activities that will be required during the life cycle of the + major weapon system; and + ``(4) a sustainment baseline cost estimate for the planned + life cycle of the major weapon system that includes a technical + data and intellectual property management plan that clearly + delineates which subsystems of the major weapon system are + Government-owned or Government-required and which subsystems + are owned by a prime contractor or subcontractor (at any tier). + ``(c) Review.--The Secretary of Defense shall review a life-cycle +sustainment plan submitted under subsection (a) 5 years after the +receipt of Milestone C approval described in such subsection, and every +10 years thereafter, to ensure that the major weapon system is cost +effective and is able to meet required metrics relating to readiness +and availability of such system. + ``(d) Notification Requirements.-- + ``(1) In general.--Not later than 45 days after a + significant and critical breach of a sustainment baseline cost + estimate of a life-cycle sustainment plan for a major weapon + system acquired pursuant to a major defense acquisition + program, the Secretary of the military department that is + managing such program shall submit to the congressional defense + committees a notification of such breach. + ``(2) Review.--Not later than 180 days after submitting a + notification under paragraph (1), such Secretary shall review + the sustainment costs of the major weapon system to which such + notification relates relative to the sustainment baseline cost + estimate. + ``(3) Additional submission.--Such Secretary shall submit + to the congressional defense committees-- + ``(A) a certification that the review required + under paragraph (2) has been completed; and + ``(B) a remediation plan or endorsement by such + Secretary that the sustainment cost growth is justified + and required for such Secretary to meet the + requirements related to the major defense acquisition + program. + ``(e) Definitions.--In this section: + ``(1) Major defense acquisition program.--The term `major + defense acquisition program' has the meaning given in section + 2430 of this title. + ``(2) Major weapon system.--The term `major weapon system' + has the meaning given in section 2379(f) of this title. + ``(3) Milestone c approval.--The term `Milestone C + approval' means a decision to enter into production and + deployment pursuant to guidance prescribed by the Secretary of + Defense for the management of a major defense acquisition + program. + ``(4) Sustainment baseline cost estimate.--The term + `sustainment baseline cost estimate' means the cost estimate + and schedule for a life-cycle sustainment plan required under + this section.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 139 of title 10, United States Code, is amended by inserting +after the item relating to section 2366c the following new item: + +``2366d. Major weapon systems: life-cycle sustainment plans.''. + +SEC. 804. CONTRACTOR BUSINESS SYSTEMS. + + Section 893 of the Ike Skelton National Defense Authorization Act +for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 2302 note) is +amended-- + (1) in subsection (b)-- + (A) in paragraph (2), by striking ``significant + deficiencies'' and inserting ``deficiencies and + material weaknesses''; + (B) in paragraph (4), by striking ``significant + deficiency'' and inserting ``material weakness''; and + (C) in paragraph (5)(A), by striking ``significant + deficiency'' and inserting ``material weakness''; + (2) in subsection (d)(1), by striking ``significant + deficiencies'' and inserting ``material weaknesses''; + (3) in subsection (g)-- + (A) in paragraph (3), by striking ``significant + deficiency'' and inserting ``material weakness''; + (B) by striking paragraph (4); + (C) by redesignating paragraph (5) as paragraph + (4); and + (D) by adding at the end the following new + paragraph: + ``(5) The term `material weakness' means a deficiency or + combination of deficiencies in the internal control of a + contractor business system used to comply with contracting + requirements of the Department of Defense, or other + shortcomings in such system, such that there is a reasonable + possibility that a material noncompliance with contracting + requirements will not be prevented, or detected and corrected, + on a timely basis.''. + +SEC. 805. ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT ARTIFICIAL + INTELLIGENCE CENTER. + + (a) Authority.-- + (1) In general.--The Director of the Joint Artificial + Intelligence Center shall be responsible for, and shall have + the authority to conduct, the following covered activities: + (A) Development and acquisition of artificial + intelligence technologies, services, and capabilities. + (B) Sustainment of artificial intelligence + technologies, services, and capabilities. + (2) Acquisition functions.--Subject to the authority, + direction, and control of the Secretary of Defense, the + Director shall have authority to exercise the functions of a + head of an agency (as defined in section 2302 of title 10, + United States Code) with respect to a covered activity + described in paragraph (1). + (b) JAIC Acquisition Executive.-- + (1) In general.--The staff of the Director shall include an + acquisition executive who shall be responsible for the + supervision of covered activities under subsection (a). The + acquisition executive shall have the authority-- + (A) to negotiate memoranda of agreement with any + element of the Department of Defense to carry out the + acquisition of technologies, services, and capabilities + described in subsection (a)(1) on behalf of the Center; + (B) to supervise the acquisition of technologies, + services, and capabilities described in subsection + (a)(1); + (C) to represent the Center in discussions with + military departments regarding acquisition programs + relating to covered activities for which the Center is + involved; and + (D) to work with the military departments to ensure + that the Center is appropriately represented in any + joint working group or integrated product team + regarding acquisition programs relating to covered + activities for which the Center is involved. + (2) Delivery of acquisition solutions.--The acquisition + executive of the Center shall be-- + (A) responsible to the Director for rapidly + delivering acquisition solutions to meet validated + artificial intelligence requirements; + (B) subordinate to the Under Secretary of Defense + for Acquisition and Sustainment in matters of + acquisition; + (C) subject to the same oversight as the service + acquisition executives; and + (D) included on the distribution list for + acquisition directives and instructions of the + Department of Defense. + (c) Acquisition Personnel.-- + (1) In general.--The Secretary of Defense shall provide the + Center with ten full-time employees to support the Director in + carrying out the requirements of this section. Such employees + shall have experience in-- + (A) program acquisition; + (B) the Joint Capabilities Integration and + Development System process; + (C) program management; + (D) system engineering; and + (E) cost analysis. + (2) Existing personnel.--The personnel provided under this + subsection shall be provided from among the existing personnel + of the Department of Defense. + (d) Budget.--Any budget proposal of the Center for funding for any +covered activity described under subsection (a) shall be disaggregated +by the amount requested for each covered activity. + (e) Funding.--In exercising the authority granted in subsection +(a), the Director may not obligate or expend more than $150,000,000 out +of the funds made available in each of fiscal years 2021, 2022, 2023, +2024, and 2025 to enter into new contracts to support covered +activities carried out under this section. + (f) Implementation Plan Required.-- + (1) In general.--The Secretary of Defense may use the + authority granted under subsection (a) 30 days after the date + on which the Secretary provides to the congressional defense + committees a plan for implementation such authority. The plan + shall include the following: + (A) A Department of Defense-wide definition of + artificial intelligence technologies, services, and + capabilities. + (B) Summaries of the components to be negotiated in + any memoranda of agreement with an element of the + Department of Defense to carry out covered activities + described under subsection (a). + (C) Timelines for the negotiation and approval of + any such memorandum of agreement. + (D) Plan for oversight of the position of + acquisition executive established in subsection (b). + (E) Assessment of the acquisition workforce needs + of the Center to support the authority in subsection + (a) until September 30, 2025. + (F) Other matters as appropriate. + (2) Relationship to other authorities.--The requirement to + submit a plan under this subsection is in addition to the + requirements under section 260 of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1293). + (g) Sunset.--Effective October 1, 2025, the Director may not +exercise the authority under subsection (a) and may not enter into any +new contracts under this section. The performance on any contract +entered into before such date may continue according to the terms of +such contract. + (h) Definitions.--In this section: + (1) Center.--The term ``Center'' means the Joint Artificial + Intelligence Center of the Department of Defense established + pursuant to the memorandum of the Secretary of Defense dated + June 27, 2018, and titled ``Establishment of the Joint + Artificial Intelligence Center'', or any successor to such + Center. + (2) Covered activity.--The term ``covered activity''-- + (A) means an acquisition activity conducted using + the authority under this section; and + (B) does not include-- + (i) a major defense acquisition program (as + defined in section 2430 of title 10, United + States Code); or + (ii) a procurement of technologies related + to artificial intelligence, if the duration of + such procurement is expected to be greater than + five years. + (3) Director.--The term ``Director'' means the Director of + the Center. + (4) Element.--The term ``element'' means an element + described under section 111(b) of title 10, United States Code. + (5) Military departments.--The term ``military + departments'' has the meaning given in section 101(8) of title + 10, United States Code. + (6) Service acquisition executive.--The term ``service + acquisition executive'' has the meaning given in section + 101(10) of title 10, United States Code. + +SEC. 806. REFORMING THE DEPARTMENT OF DEFENSE. + + (a) In General.--The Secretary of Defense shall take such action as +necessary to reform the Department of Defense to provide more +effective, efficient, and economical administration and operation, and +to eliminate duplication. + (b) National Defense Strategy.--Each national defense strategy +required by section 113(g) of title 10, United States Code, shall +include a description of the reform efforts described under subsection +(a). + (c) Defense Planning Guidance.--The annual Defense Planning +Guidance (as described in section 113(g)(2)(A) of title 10, United +States Code) shall include an explanation of how the Department of +Defense will carry out the reform efforts described under subsection +(a). + (d) Defense Authorization Request.--The Secretary of Defense shall +include in the annual defense authorization request (as defined in +section 113a of title 10, United States Code) a description of the +savings from implementing the reform efforts described under subsection +(a). Such description-- + (1) shall be set forth separately from requested amounts; + (2) may not include savings relating to the deferment of + requirements or taking of risk; + (3) shall be identified across the future-years defense + plan; and + (4) shall provide a comparison with the savings in the + annual defense authorization request from the prior year. + (e) Policy.--The Secretary of Defense shall develop a policy and +issue guidance to implement reform within the Department of Defense in +order to provide more effective, efficient, and economical +administration and operations, and to eliminate duplication. + (f) Report.--The Secretary of Defense shall report annually to +Congress on the expenditures, work, and accomplishments of the +Department of Defense during the period covered by the report, together +with a report on the reform efforts described under subsection (a). + (g) Military Departments.--Each Secretary of a military department +shall-- + (1) take such action as necessary to reform the military + department to provide more effective, efficient, and economical + administration and operations, and to eliminate duplication; + and + (2) develop a policy and issue guidance to implement reform + within the military department in order to provide more + effective, efficient, and economical administration and + operations, and to eliminate duplication. + (h) Combatant Commands.--Each commander of a combatant command +shall provide the Secretary of Defense with recommendations to reform +the combatant command of such commander to provide more effective, +efficient, and economical administration and operations, and to +eliminate duplication. + +SEC. 807. ALTERNATIVE SPACE ACQUISITION SYSTEM FOR THE UNITED STATES + SPACE FORCE. + + (a) Milestone Decision Authority for Major Defense Acquisition +Programs and Major Systems.-- + (1) Program executive officer.--The Secretary of the Air + Force may assign an appropriate program executive officer as + the milestone decision authority for major defense acquisition + programs of the United States Space Force. + (2) Program manager.--The program executive officer + assigned under paragraph (1) may delegate authority over major + systems to an appropriate program manager. + (b) Alternative Space Acquisition System.-- + (1) In general.--The Secretary of Defense shall take such + actions necessary to develop an acquisition pathway within the + Department of Defense to be known as the ``Alternative Space + Acquisition System'' that is specifically tailored for space + systems and programs in order to achieve faster acquisition and + more rapid fielding of critical systems (including by using new + commercial capabilities and services), while maintaining + accountability for effective programs that are delivered on + time and on budget. + (2) Goal.--The goal of the Alternative Space Acquisition + System shall be to quickly and effectively acquire space + warfighting capabilities needed to address the requirements of + the national defense strategy (as defined under section 113(g) + of title 10, United States Code). + (3) Report.--Not later than January 15, 2021, the Secretary + of Defense shall submit to the congressional defense committees + a report on the Alternative Space Acquisition System that + includes the following: + (A) Proposed United States Space Force budget line + items for fiscal year 2022, including-- + (i) a comparison with budget line items for + major defense acquisition programs and major + systems of the United States Space Force for + three previous fiscal years; and + (ii) measures to ensure sufficient + transparency related to the performance of the + Alternative Space Acquisition System and + opportunities to oversee funding priorities for + the Alternative Space Acquisition System. + (B) Proposed revised, flexible, and streamlined + options for joint requirements validation in order to + be more responsive and innovative, while ensuring the + ability of the Joint Chiefs of Staff to ensure top- + level system requirements are properly prioritized to + address joint warfighting needs. + (C) A list of acquisition programs of the United + States Space Force for which multiyear procurement + authorities are recommended. + (D) A list of space acquisition programs that may + be able to use existing alternative acquisition + pathways. + (E) Policies for a new Alternative Space + Acquisition System with specific acquisition key + decision points and reporting requirements for + development, fielding, and sustainment activities that + meets the requirements of the adaptive acquisition + framework (as described in Department of Defense + Instruction 5000.02, ``Operation of the Adaptive + Acquisition Framework''). + (F) Updated determination authority for procurement + of useable end items that are not weapon systems. + (G) Policies and a governance structure for a + separate United States Space Force budget topline, + corporate process, and portfolio management process. + (H) An analysis of the risks and benefits of the + delegation of the authority of the head of contracting + activity authority to the Chief of Space Operations in + a manner that would not expand the operations of the + United States Space Force. + (c) Comptroller General Review.--Not later than 60 days after the +submission of the report required under subsection (b)(3), the +Comptroller General of the United States shall review such report and +submit to the congressional defense committees an analysis and +recommendations based on such report. + (d) Definitions.--In this section: + (1) Major defense acquisition program.--The term ``major + defense acquisition program'' has the meaning given in section + 2430 of title 10, United States Code. + (2) Major system.--The term ``major system'' has the + meaning given in section 2302 of title 10, United States Code. + (3) Milestone decision authority.--The term ``milestone + decision authority'' has the meaning given in section 2431a of + title 10, United States Code. + (4) Program executive officer; program manager.--The terms + ``program executive officer'' and ``program manager'' have the + meanings given those terms, respectively, in section 1737 of + title 10, United States Code. + +Subtitle B--Amendments to General Contracting Authorities, Procedures, + and Limitations + +SEC. 811. SUSTAINMENT REFORM FOR THE DEPARTMENT OF DEFENSE. + + (a) Sustainment Activities in the National Defense Strategy.-- + (1) In general.--Section 113(g)(1)(B) of title 10, United + States Code, is amended by adding at the end the following new + subsection: + ``(vii) A strategic framework prescribed by + the Secretary that guides how the Department + will prioritize and integrate activities + relating to sustainment of major defense + acquisition programs, core logistics + capabilities (as described under section 2464 + of this title), and the national technology and + industrial base (as defined in section 2500 of + this title).''. + (2) Duties of the under secretary of defense for + acquisition and sustainment.--Section 133b(b) of title 10, + United States Code, is amended-- + (A) in paragraph (7), by striking ``and'' at the + end; + (B) in paragraph (8), by striking the period at the + end and inserting ``; and''; and + (C) by adding at the end the following new + paragraph: + ``(9) advising the Secretary on all aspects of acquisition + and sustainment relating to-- + ``(A) major defense acquisition programs; + ``(B) core logistics capabilities (as described + under section 2464 of this title); + ``(C) the national technology and industrial base + (as defined in section 2500 of this title); and + ``(D) the development of the strategic framework + described in section 113(g)(1)(B)(vii) of this + title.''. + (3) Interim guidance.--Not later than October 1, 2021, the + Secretary of Defense shall publish interim guidance to carry + out the requirements of this subsection. + (b) Report.--Not later than February 1, 2021, the Secretary of +Defense shall submit to the congressional defense committees a report +on the progress towards publishing the interim guidance required under +subsection (a)(3). + +SEC. 812. MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT OF + ACQUISITION PROGRAMS AND RELATED INITIATIVES. + + Section 2229b(b)(2) of title 10, United States Code, is amended by +striking ``a summary of'' and all that follows through ``discussion of +the'' and inserting ``a discussion of selected organizational, policy, +and legislative changes, as determined appropriate by the Comptroller +General, and the potential''. + +SEC. 813. CONTRACTOR WHISTLEBLOWER PROTECTIONS RELATING TO + NONDISCLOSURE AGREEMENTS. + + (a) Department of Defense Contractors.-- + (1) In general.--Section 2409(a) of title 10, United States + Code, is amended by adding at the end the following new + paragraph: + ``(4) This section applies to any disclosure made by an employee of +a contractor, subcontractor, grantee, or subgrantee or personal +services contractor whether or not such employee has signed, or is +subject to, a nondisclosure policy, form, or agreement with such +contractor, subcontractor, grantee, or subgrantee or personal services +contractor.''. + (2) Notification of employees.--Section 2409(d) of title + 10, United States Code, is amended-- + (A) by striking ``inform'' and inserting ``submit + to the Secretary or Administrator (as applicable) a + certification stating that such contractor or + subcontrator has informed''; and + (B) by inserting ``(including the applicability of + such rights and remedies if such an employee has + signed, or is subject to, a nondisclosure policy, form, + or agreement)'' after ``under this section''. + (3) Application.--With respect to a nondisclosure policy, + form, or agreement between a covered contractor and a covered + employee that was in effect before the effective date of this + Act, paragraph (4) of section 2409(a) of title 10, United + States Code, as added by paragraph (1), shall apply if a + covered contractor has provided notice to a covered employee of + the rights and remedies of the covered employee relating to a + nondisclosure policy, form, or agreement under section 2409(d) + of such title, as amended by paragraph (2). + (4) Website update.--The Inspector General of the + Department of Defense and the Inspector General of the National + Aeronautics and Space Administration shall update any relevant + websites to include information about this subsection and the + amendments made by this subsection. + (5) Definitions.--In this subsection: + (A) Covered contractor.--The term ``covered + contractor'' means a contractor, grantee, or personal + services contractor of the Department of Defense or the + National Aeronautics and Space Administration. + (B) Covered employee.--The term ``covered + employee'' means an employee of a covered contractor or + a subcontractor or subgrantee of a covered contractor. + (b) Other Government Contractors.-- + (1) In general.--Section 4712(a) of title 41, United States + Code, is amended by adding at the end the following new + paragraph: + ``(4) Effect of a nondisclosure policy, form, or + agreement.--This section applies to any disclosure made by an + employee of a contractor, subcontractor, grantee, or subgrantee + or personal services contractor whether or not such employee + has signed, or is subject to, a nondisclosure policy, form, or + agreement with such contractor, subcontractor, grantee, or + subgrantee or personal services contractor.''. + (2) Notification of employees.--Section 4712(d) of title + 41, United States Code, is amended-- + (A) by striking ``inform'' and inserting ``submit + to the applicable head of each executive agency a + certification stating that such contractor or + subcontractor has informed''; and + (B) by inserting ``(including the applicability of + such rights and remedies if such an employee has + signed, or is subject to, a nondisclosure policy, form, + or agreement)'' after ``under this section''. + (3) Application.--With respect to a nondisclosure policy, + form, or agreement between a covered contractor and a covered + employee that was in effect before the effective date of this + Act, paragraph (4) of section 4712(a) of title 41, United + States Code, as added by paragraph (1), shall apply if a + covered contractor has provided notice to a covered employee of + the rights and remedies of the covered employee relating to a + nondisclosure policy, form, or agreement under section 4712(d) + of such title, as amended by paragraph (2). + (4) Website update.--Each Inspector General (as defined in + section 4712(g) of title 41, United States Code) shall update + any relevant websites to include information about this + subsection and the amendments made by this subsection. + (5) Definitions.--In this subsection: + (A) Covered contractor.--The term ``covered + contractor'' means a contractor, grantee, or personal + services contractor for a Federal contract or grant (as + defined for purposes of division C of title 41). + (B) Covered employee.--The term ``covered + employee'' means an employee of a covered contractor or + a subcontractor (at any tier) or subgrantee (at any + tier) of a covered contractor. + (c) Notification and Remedies.-- + (1) Notification.--A covered contractor shall inform the + contracting officer responsible for any contracts of such + covered contractor-- + (A) if a person engaged in the performance of any + such contract has been subjected to a reprisal + prohibited by section 2409(a) of title 10, United + States Code, or section 4712(a) of title 41, United + States Code, where such reprisal has been + substantiated; + (B) any investigation of a complaint relating to + any such contract conducted by an Inspector General + pursuant to section 2409(b) of title 10, United States + Code, or section 4712(b) of title 41, United States + Code; and + (C) any action taken by a covered contractor or a + covered employee for any such contract to address a + substantiated reprisal described in subparagraph (A). + (2) Remedies.--In addition to other remedies available, if + a covered contractor fails to comply with the requirements of + paragraph (1), the relevant head of a Federal agency may-- + (A) require the covered contractor to prohibit a + covered employee from performing a contract if such + covered employee has violated section 2409(a) of title + 10, United States Code, or section 4712(a) of title 41, + United States Code; + (B) require the covered contractor to terminate a + subcontract if the subcontractor for such subcontract + has violated such sections; + (C) suspend payments to a covered contractor until + such covered contractor has taken appropriate remedial + action. + (3) Definitions.--In this subsection: + (A) Covered contractor.--The term ``covered + contractor'' means-- + (i) with respect to a contract of the + Department of Defense or the National + Aeronautics and Space Administration, a + contractor, grantee, or personal services + contractor; and + (ii) with respect to a Federal contract or + grant (as defined for purposes of division C of + title 41), a contractor, grantee, or personal + services contractor for such a Federal contract + or grant. + (B) Covered employee.--The term ``covered + employee'' means an employee of a covered contractor or + a subcontractor (at any tier) or subgrantee (at any + tier) of a covered contractor. + (d) Training.--The Administrator of the Office of Federal +Procurement Policy shall update any required training for Federal +employees responsible for contract oversight relating to-- + (1) contracting certification requirements; + (2) processes for receiving a complaint from a person + alleging discrimination as a reprisal for disclosing + information under section 2409(a) of title 10, United States + Code, or section 4712(a) of title 41, United States Code; and + (3) prohibitions on contracting with entities that require + confidentiality agreements. + (e) Clarification of Whistleblower Protection for Subcontractors +and Subgrantees.-- + (1) Department of defense contractors.--Section 2409 of + title 10, United States Code, is amended-- + (A) in subsection (a)(2)(G), by striking ``or + subcontractor'' and inserting ``subcontractor, grantee, + or subgrantee''; + (B) in subsection (b)(1), by striking ``to the + person'' and all that follows through the period at the + end and inserting ``to-- + ``(A) the person; + ``(B) the contractor, subcontractor, grantee, or subgrantee + concerned; and + ``(C) the head of the agency.''; + (C) in subsection (c)-- + (i) in paragraph (1)-- + (I) in the matter preceding + subparagraph (A), by striking + ``contractor'' and inserting + ``contractor, subcontractor, grantee, + or subgrantee''; and + (II) in subparagraphs (A), (B), and + (C), by striking ``contractor'' and + inserting ``contractor, subcontractor, + grantee, or subgrantee concerned''; and + (ii) in paragraph (2), by striking + ``contractor'' and inserting ``contractor, + subcontractor, grantee, or subgrantee (as + applicable)''; + (D) in subsection (d), by striking ``and + subcontractors'' and inserting ``subcontractors, + grantees, and subgrantees''; and + (E) in subsection (g), by adding at the end the + following new paragraphs: + ``(8) The term `subgrantee' includes a subgrantee at any + tier. + ``(9) The term `subcontractor' includes a subcontractor at + any tier.''. + (2) Other government contractors.--Section 4712 of title + 41, United States Code, is amended-- + (A) in subsection (a)(2)(G), by striking ``or + grantee'' and inserting ``grantee, or subgrantee''; + (B) in subsection (b)(1), by striking ``to the + person'' and all that follows through the period at the + end and inserting ``to-- + ``(A) the person; + ``(B) the contractor, subcontractor, grantee, or + subgrantee concerned; and + ``(C) the head of the agency.''; + (C) in subsection (c)-- + (i) in paragraph (1)-- + (I) in the matter preceding + subparagraph (A), by striking + ``contractor or grantee'' and inserting + ``contractor, subcontractor, grantee, + or subgrantee''; and + (II) in subparagraphs (A), (B), and + (C), by striking ``contractor or + grantee'' and inserting ``contractor, + subcontractor, grantee, or subgrantee + concerned''; and + (ii) in paragraph (2), by striking + ``contractor or grantee'' and inserting + ``contractor, subcontractor, grantee, or + subgrantee (as applicable)''; + (D) in subsection (d), by striking ``and grantees'' + and inserting ``grantees, and subgrantees''; and + (E) in subsection (g), by adding at the end the + following new paragraphs: + ``(3) The term `subgrantee' includes a subgrantee at any + tier. + ``(4) The term `subcontractor' includes a subcontractor at + any tier.''. + +SEC. 814. COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL PRISON + INDUSTRIES. + + (a) Competition Requirements for Purchases From Federal Prison +Industries.--Subsections (a) and (b) of section 2410n of title 10, +United States Code, are amended to read as follows: + ``(a) Market Research.--Before purchasing a product listed in the +latest edition of the Federal Prison Industries catalog published under +section 4124(d) of title 18, the Secretary of Defense shall conduct +market research to determine whether such product-- + ``(1) is comparable to products available from the private + sector; and + ``(2) best meets the needs of the Department of Defense in + terms of price, quality, and time of delivery. + ``(b) Competition Requirement.--If the Secretary determines that a +Federal Prison Industries product is not comparable to products +available from the private sector and does not best meet the needs of +the Department of Defense in terms of price, quality, or time of +delivery, the Secretary shall use competitive procedures or make an +individual purchase under a multiple award contract for the procurement +of the product. In conducting such a competition or making such a +purchase, the Secretary shall consider a timely offer from Federal +Prison Industries.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect 60 days after the date of the enactment of this Act. + +SEC. 815. DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR FEDERAL + AGENCY CONTRACT AND GRANT OFFICERS. + + Section 2313(d)(3) of title 41, United States Code, is amended by +inserting ``, and an identification of any beneficial owner of such +corporation,'' after ``to the corporation''. + +SEC. 816. INCLUSION OF OPTICAL TRANSMISSION COMPONENTS IN THE + ANALYTICAL FRAMEWORK FOR SUPPLY CHAIN RISKS. + + Section 2509(b)(2)(A)(ii) of title 10, United States Code, is +amended by striking ``(other than optical transmission components)''. + +SEC. 817. AMENDMENT TO DEFINITION OF QUALIFIED APPRENTICE. + + Section 2870(d) of title 10, United States Code, is amended-- + (1) in paragraph (1), by inserting ``or'' at the end; + (2) in paragraph (2), by striking ``; or'' at the end and + inserting a period; and + (3) by striking paragraph (3). + +SEC. 818. CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS. + + Section 836 of the National Defense Authorization Act for Fiscal +Year 2017 (10 U.S.C. 2302 note) is amended-- + (1) by amending subsection (b)(1) to read as follows: + ``(1) was entered into-- + ``(A) with respect to a contract or group of + contracts for services, on a date that is the later + of-- + ``(i) at least 7 fiscal years before the + current fiscal year; and + ``(ii) the number of years applicable to + the contract or group of contracts in subpart + 4.7 of the Federal Acquisition Regulation (as + in effect on April 1, 2020); + ``(B) with respect to a contract or group of + contracts not described in subparagraph (A), on a date + that is at least 17 fiscal years before the current + fiscal year;''; + (2) by redesignating subsections (f) and (g) as subsections + (g) and (h), respectively; and + (3) by inserting after subsection (e) the following new + subsection: + ``(f) Oversight.--The Secretary of Defense, acting through the +Director of the Defense Contract Management Agency, shall establish and +maintain a centralized capability with necessary expertise and +resources to provide oversight of the closeout of a contract or group +of contracts covered by this section.''. + +SEC. 819. PLAN TO IMPROVE DEPARTMENT-WIDE MANAGEMENT OF INVESTMENTS IN + WEAPON SYSTEMS. + + (a) Portfolio Management Plan.--The Secretary of Defense shall +direct the Under Secretary of Defense for Acquisition and Sustainment, +in coordination with the Chairman of the Joint Chiefs of Staff, and the +Director of Cost Assessment and Program Evaluation, to develop a plan +to identify, develop, and acquire databases, analytical and financial +tools, and workforce skills to improve the Department of Defense-wide +assessment, management, and optimization of the investments in weapon +systems of the Department, including through consolidation of duplicate +or similar weapon system programs. + (b) Plan Contents.--The plan developed under subsection (a) shall-- + (1) describe the databases and analytical and financial + tools in use by the Department of Defense that may be used to + support the Department-wide assessment, management, and + optimization of the investments in weapon systems of the + Department; + (2) determine the database and analytical and financial + tool requirements that must be met, and the workforce skills + necessary, for more effective Department-wide reviews, + analyses, and management by the Secretary of the investments in + weapon systems of the Department; + (3) identify the skills described in paragraph (2) that are + possessed by the workforce of the Department; + (4) identify the databases and analytical and financial + tools to be modified, developed, or acquired to improve the + Department-wide reviews, analyses, and management of the + investments in weapon systems of the Department; and + (5) set forth a timeline for implementing the plan, + including a timeline for the modification, development, and + acquisition of each database and analytical and financial tool + identified under paragraph (4). + (c) Submission to Congress.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to Congress the plan developed under subsection (a). + (2) Form.--The plan submitted under paragraph (1) shall be + in an unclassified form but may contain a classified annex. + +SEC. 820. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM DETERMINATIONS. + + Section 2380 of title 10, United States Code, is amended by-- + (1) redesignating subsection (b) as subsection (c); and + (2) inserting after subsection (a) the following new + subsection: + ``(b) Determinations Regarding the Commercial Nature of Products or +Services.-- + ``(1) In general.--A contracting officer of the Department + of Defense shall make a binding determination whether a + particular product or service offered by a contractor meets the + definition of a commercial product or commercial service. The + contracting officer may seek the advice of the cadre of experts + established pursuant to section 831(b)(2) of the National + Defense Authorization Act for Fiscal Year 2013 (Public Law 112- + 239; 126 Stat. 1842; 10 U.S.C. 2306a note), or request the + cadre of experts to make a determination that a product or + service is a commercial product or commercial service. + ``(2) Memorandum.--Within 30 days after making a + determination that a product or service is a commercial product + or commercial service, the contracting officer shall submit a + written memorandum summarizing the determination, consistent + with the template in Appendix B of the Department of Defense + Guidebook for Acquiring Commercial Items (issued January 2018 + and revised July 2019), to-- + ``(A) the Director of the Defense Contract + Management Agency for inclusion in any database + established to fulfill the requirements of subsection + (a)(2); and + ``(B) the contractor asserting the commercial + nature of the product or service.''. + +SEC. 820A. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING OF + INTELLECTUAL PROPERTY. + + Section 2322 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(c) Guidelines and Resources.-- + ``(1) In general.--The Secretary of Defense, acting through + the Under Secretary of Defense for Acquisition and Sustainment, + shall develop guidelines and resources on the acquisition or + licensing of intellectual property, including-- + ``(A) model forms for specially negotiated licenses + described under section 2320(f) (as appropriate); and + ``(B) an identification of definitions, key terms, + examples, and case studies that resolve ambiguities in + the differences between-- + ``(i) detailed manufacturing and process + data; + ``(ii) form, fit, and function data; and + ``(iii) data required for operations, + maintenance, installation, and training. + ``(2) Consultation.--In developing the guidelines and + resources described in paragraph (1), the Secretary shall + regularly consult with appropriate stakeholders, including + large and small businesses, traditional and non-traditional + contractors (including subcontractors), and maintenance repair + organizations.''. + +SEC. 820B. REQUIREMENTS CONCERNING FORMER DEPARTMENT OF DEFENSE + OFFICIALS AND LOBBYING ACTIVITIES. + + (a) Requirements.-- + (1) In general.--Chapter 141 of title 10, United States + Code, is amended by adding at the end the following new + section: +``Sec. 2410t. Defense contractors report: requirements concerning + former Department of Defense officials and lobbying + activities + ``(a) In General.--Each contract for the procurement of goods or +services in excess of $10,000,000, other than a contract for the +procurement of commercial products or commercial services, that is +entered into by the Secretary of Defense shall include a provision +under which the contractor agrees to submit to the Secretary of +Defense, not later than April 1 of each year such contract is in +effect, a written report setting forth the information required by +subsection (b). + ``(b) Report Contents.--Except as provided in subsection (c), a +report by a contractor under subsection (a) shall-- + ``(1) list the name of each person who-- + ``(A) is a former officer or employee of the + Department of Defense or a former or retired member of + the armed forces who served-- + ``(i) in an Executive Schedule position + under subchapter II of chapter 53 of title 5; + ``(ii) in a position in the Senior + Executive Service under subchapter VIII of + chapter 53 of title 5; + ``(iii) in a position compensated at a rate + of pay for grade O-6 or above under section 201 + of title 37; or + ``(iv) as a program manager, deputy program + manager, procuring contracting officer, + administrative contracting officer, source + selection authority, member of the source + selection evaluation board, or chief of a + financial or technical evaluation team for such + a contract; and + ``(B) during the preceding calendar year was + provided compensation by the contractor, if such + compensation was first provided by the contractor not + more than four years after such former officer or + employee of the Department of Defense, or such former + or retired member of the armed forces, left service in + the Department of Defense; + ``(2) in the case of each person listed under paragraph + (1)(A)-- + ``(A) identify the department or entity in which + such person was employed or served on active duty + during the last two years of such person's service with + the Department of Defense; + ``(B) state such person's job title and identify + any project on which such person performed any work or + for which such person provided any goods pursuant to a + contract with the Department of Defense during the last + two years of such person's service with the Department; + and + ``(C) state such person's current job title with + the contractor and identify each project on which such + person has performed any work or for which such person + provided any goods on behalf of the contractor; and + ``(3) if the contractor is a client, include-- + ``(A) a statement that-- + ``(i) lists each specific issue for which + the contractor, any employee of the contractor, + or any lobbyist paid by the contractor engaged + in lobbying activities directed at the + Department of Defense; and + ``(ii) specifies the Federal rule or + regulation, Executive order, or other program, + policy, contract, or position of the Department + of Defense to which the lobbying activities + described in clause (i) related; + ``(iii) lists each lobbying activity + directed at the Department of Defense that the + contractor, any employee of the contractor, or + any lobbyist paid by the contractor has engaged + in on behalf of the contractor, including-- + ``(I) each document prepared by the + contractor, any employee of the + contractor, or any lobbyist paid by the + contractor that was submitted to an + officer or employee of the Department + of Defense by the lobbyist; + ``(II) each meeting that was a + lobbying contact with an officer or + employee of the Department of Defense, + including the subject of the meeting, + the date of the meeting, and the name + and position of each individual who + attended the meeting; + ``(III) each phone call made to an + officer or employee of the Department + of Defense that was a lobbying contact, + including the subject of the phone + call, the date of the phone call, and + the name and position of each + individual who was on the phone call; + and + ``(IV) each electronic + communication sent to an officer or + employee of the Department of Defense + that was a lobbying contact, including + the subject of the electronic + communication, the date of the + electronic communication, and the name + and position of each individual who + received the electronic communication; + ``(iv) lists the name of each employee of + the contractor who-- + ``(I) did not participate in a + lobbying contact with an officer or + employee of the Department of Defense; + and + ``(II) engaged in lobbying + activities in support of a lobbying + contact with an officer or employee of + the Department of Defense; and + ``(v) describes the lobbying activities + referred to in clause (iv)(II); and + ``(B) a copy of any document transmitted to an + officer or employee of the Department of Defense in the + course of the lobbying activities described in + subparagraph (A)(iv)(II). + ``(c) Duplicate Information Not Required.--An annual report +submitted by a contractor pursuant to subsection (b) need not provide +information with respect to any former officer or employee of the +Department of Defense or former or retired member of the armed forces +if such information has already been provided in a previous annual +report filed by such contractor under this section. + ``(d) Public Access to Reports.--The Secretary of Defense shall +make any report described under subsection (a) publicly available on a +website of the Department of Defense not later than 45 days after the +receipt of such report. + ``(e) Definitions.--In subsection (b)(3), the terms `client', +`lobbying activities', `lobbying contact', and `lobbyist' have the +meanings given the terms in section 3 of the Lobbying Disclosure Act of +1995 (2 U.S.C. 1603).''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 141 of such title is amended by adding at + the end the following new item: + +``Sec. 2410t. Defense contractors: requirements concerning former + Department of Defense officials.''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on the date of the enactment of this Act, and shall apply +with respect to contracts entered into on or after that date. + +SEC. 820C. COMMERCIAL PRODUCT DETERMINATION APPLIES TO COMPONENTS AND + SUPPORT SERVICES. + + Section 2306a(b)(4) of title 10, United States Code, is amended-- + (1) in subparagraph (A), by striking ``subsequent + procurements of such product or service'' and inserting: + ``subsequent procurements of-- + ``(i) the commercial product; + ``(ii) a component of the commercial + product; + ``(iii) a service for maintenance or repair + of the commercial product; or + ``(iv) the commercial service.''; and + (2) in subparagraph (B)-- + (A) by striking ``request a review'' and inserting + the following: ``provide a detailed explanation for not + making the presumption described in subsection (A) + along with a request for a review''; and + (B) by adding at the end the following: ``When + conducting such review, the head of the contracting + activity may consider evidence of the commercial nature + of the product or service under review that is provided + by an offeror.'' + + Subtitle C--Industrial Base Matters + +SEC. 821. QUARTERLY NATIONAL TECHNOLOGY AND INDUSTRIAL BASE BRIEFINGS. + + (a) In General.--Section 2504 of title 10, United States Code, is +amended-- + (1) by striking ``The Secretary'' and inserting the + following: + ``(a) Annual Report.--The Secretary''; and + (2) by adding at the end the following new subsection: + ``(b) Quarterly Briefings.--(1) The Secretary of Defense shall +ensure that the congressional defense committees receive quarterly +briefings on the progress of the Department of Defense to address the +prioritized list of gaps or vulnerabilities in the national technology +and industrial base described in subsection (a)(3)(B) as follows: + ``(A) One quarterly briefing per year shall be provided by + the Secretary of the Army. + ``(B) One quarterly briefing per year shall be provided by + the Secretary of the Navy. + ``(C) One quarterly briefing per year shall be provided by + the Secretary of the Air Force. + ``(D) One quarterly briefing per year shall be provided by + all appropriate heads of the Defense Agencies identified under + subsection (a)(3)(B)(ii). + ``(2) Each briefing under paragraph (1) shall include an update of +the progress of addressing such gaps or vulnerabilities by the +Secretary concerned or the appropriate head of a Defense Agency, +including an update on-- + ``(A) actions taken to address such gaps or + vulnerabilities; + ``(B) the mitigation strategies necessary to address such + gaps or vulnerabilities; and + ``(C) the proposed timeline for action to address such gaps + or vulnerabilities.''. + (b) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of section 2504 of such + title is amended to read as follows: +``Sec. 2504. National technology and industrial base: annual report and + quarterly briefings''. + (2) Clerical amendment.--The table of sections for + subchapter II of chapter 148 of such title is amended by + striking the item relating to section 2504 and inserting the + following new item: + +``2504. National technology and industrial base: annual report and + quarterly briefing.''. + +SEC. 822. EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN METAL + PRODUCTS. + + (a) In General.--Section 2533c of title 10, United States Code, is +amended-- + (1) in subsection (a)(1), by striking ``material melted'' + and inserting ``material mined, refined, separated, melted,''; + and + (2) in subsection (c)(3)(A)(i), by striking ``tungsten'' + and inserting ``covered material''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on the date that is 3 years after the date of the enactment +of this Act. + +SEC. 823. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE MANUFACTURED IN + THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. + + (a) Technical Amendment.--The second subsection (k) of section 2534 +of title 10, United States Code (relating to Implementation of +Auxiliary Ship Component Limitation), is redesignated as subsection +(l). + (b) Components for Auxiliary Ships.--Section 2534(a) of title 10, +United States Code, is amended by adding at the end the following new +paragraph: + ``(6) Components for auxiliary ships.--Subject to + subsection (l), the following components: + ``(A) Large medium-speed diesel engines. + ``(B) Auxiliary equipment, including pumps, for all + shipboard services. + ``(C) Propulsion system components, including + engines, reduction gears, and propellers. + ``(D) Shipboard cranes. + ``(E) Spreaders for shipboard cranes.''. + (c) Implementation.--Subsection (l) of section 2534 of title 10, +United States Code, as redesignated by subsection (a), is amended-- + (1) by redesignating the second sentence to appear as flush + text at the end; + (2) by striking ``auxiliary ship after the date'' and + inserting the following: ``auxiliary ship-- + ``(1) with respect to large medium-speed diesel engines + described under subparagraph (A) of such subsection, after the + date''; + (3) in paragraph (1) (as so designated), by striking + ``Navy.'' and inserting ``Navy; and''; and + (4) by inserting after paragraph (1) (as so designated) the + following new paragraph: + ``(2) with respect to components listed in subparagraphs + (B) through (E) of such subsection, after the date of the + enactment of the National Defense Authorization Act for Fiscal + Year 2021 using funds available for National Defense Sealift + Fund programs or Shipbuilding and Conversion, Navy.''. + +SEC. 824. PREFERENCE FOR SOURCING RARE EARTH MATERIALS FROM THE + NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. + + (a) In General.--The Secretary of Defense shall, to the maximum +extent practicable, acquire materials that are determined to be +strategic and critical materials required to meet the defense, +industrial, and essential civilian needs of the United States in the +following order of preference: + (1) From sources located within the United States. + (2) From sources located within the national technology and + industrial base (as defined in section 2500 of title 10, United + States Code). + (3) From other sources as appropriate. + (b) Eliminate Dependency on China.--Not later than 180 days after +the date of the enactment of this Act, the Under Secretary of Defense +for Acquisition and Sustainment, in consultation with the Under +Secretary of Defense (Comptroller), the Vice Chairman of the Joint +Chiefs of Staff, and the appropriate Under Secretary of State, as +designated by the Secretary of State, shall issue guidance to ensure +the elimination of the dependency of the United States on rare earth +materials from China by fiscal year 2035. + +SEC. 825. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR DEFENSE + ACQUISITION PROGRAMS. + + (a) Assessment Required.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a report + assessing the domestic source content of any procurement + carried out in connection with major defense acquisition + programs. + (2) Information repository.--The Secretary of Defense shall + establish an information repository for the collection and + analysis of information related to domestic source content that + can be used for continuous data analysis and program management + activities. + (b) Enhanced Domestic Content Requirement.-- + (1) In general.--For purposes of chapter 83 of title 41, + United States Code, manufactured articles, materials, or + supplies procured in connection with a major defense + acquisition program shall be deemed to be manufactured + substantially all from articles, materials, or supplies mined, + produced, or manufactured in the United States, if such + component articles, materials, or supplies-- + (A) not later than October 1, 2021, comprise 75 + percent of the manufactured articles, materials, or + supplies; + (B) not later than October 1, 2022, comprise 80 + percent of the manufactured articles, materials, or + supplies; + (C) not later than October 1, 2023, comprise 85 + percent of the manufactured articles, materials, or + supplies; + (D) not later than October 1, 2024, comprise 90 + percent of the manufactured articles, materials, or + supplies; + (E) not later than October 1, 2025, comprise 95 + percent of the manufactured articles, materials, or + supplies; and + (F) not later than October 1, 2026, comprise 100 + percent of the manufactured articles, materials, or + supplies. + (2) Waiver.--Before Milestone A approval (as defined in + section 2366a(d) of title 10, United States Code) is granted + for a major defense acquisition program, the Secretary of + Defense shall determine whether or not to grant a waiver of the + requirements of paragraph (1). + (3) Effective date.--The domestic content requirement under + paragraph (1) applies to contracts entered into on or after + October 1, 2021. + (c) Major Defense Acquisition Program Defined.--In this section, +the term ``major defense acquisition program'' has the meaning given in +section 2430 of title 10, United States Code. + +SEC. 826. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS. + + (a) Purchases.--Beginning in fiscal year 2023, the Secretary of +Defense shall require that any contractor or subcontractor that +provides covered printed circuit boards for use by the Department of +Defense to certify that, of the total value of the covered printed +circuit boards provided by such contractor or subcontractor pursuant to +a contract with the Department of Defense, not less than the +percentages set forth in subsection (b) were manufactured and assembled +within a covered country. + (b) Implementation.--In making a certification under subsection +(a), a contractor or subcontractor shall use the following percentages: + (1) During fiscal years 2023 through 2027, the greater of-- + (A) 50 percent; or + (B) 75 percent, if the Secretary of Defense has + determined that suppliers in covered countries are + capable of supplying 75 percent of Department of + Defense requirements for printed circuit boards. + (2) During fiscal years 2028 through 2032, the greater of-- + (A) 75 percent; or + (B) 100 percent, if the Secretary of Defense has + determined that suppliers in covered countries are + capable of supplying 100 percent of Department of + Defense requirements for printed circuit boards. + (3) Beginning in fiscal year 2033, 100 percent. + (c) Remediation.-- + (1) In general.--In the event that a contractor or + subcontractor is unable to make the certification required + under subsection (a), the Secretary may accept covered printed + circuit boards from such contractor or subcontractor for up to + 1 year while requiring the contractor to complete a remediation + plan. Such a plan shall be submitted to the congressional + defense committees and shall require the contractor or + subcontractor that failed to make the certification required + under subsection (a) to-- + (A) audit its supply chain to identify any areas of + security vulnerability and noncompliance with section + 224 of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92); and + (B) meet the requirements of subsection (a) within + 1 year after the initial missed certification deadline. + (2) Restriction.--No contractor or subcontractor that has + supplied covered printed circuit boards while under a + remediation plan shall be eligible to enter into another + remediation plan under subsection (c) for a period of 5 years. + (d) Waiver.--The Secretary of Defense may waive the requirement +under subsection (a) with respect to a contractor or subcontractor if +the Secretary determines that-- + (1) there are no significant national security concerns + regarding counterfeiting, quality, or unauthorized access + created by accepting covered printed circuit boards under such + waiver; and + (2) the contractor is otherwise in compliance with all + relevant cybersecurity provisions relating to members of the + defense industrial base, including section 224 of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116- + 92). + (e) Availability Exception.--Subsection (a) shall not apply to the +extent that the Secretary of Defense or the Secretary of the military +department concerned determines that covered printed circuit boards of +satisfactory quality and sufficient quantity, in the required form, +cannot be procured as and when needed from covered countries. + (f) Definitions.--In this section: + (1) Covered country.--The term ``covered country'' means-- + (A) the United States; or + (B) a foreign country whose government has a + memorandum of understanding or agreement with the + United States that-- + (i) where applicable, complies with the + requirements of section 36 of the Arms Export + Control Act (22 U.S.C. 2776) and with section + 2457 of title 10, United States Code; and + (ii) either-- + (I) requires the United States to + purchase supplies from foreign sources + for the purposes of offsetting sales + made the by United States Government or + United States firms under approved + programs serving defense requirements; + or + (II) under which the United States + and such government agree to remove + barriers to purchase supplies produced + in such foreign country or services + performed by sources of such foreign + country. + (2) Covered printed circuit board.-- + (A) In general.--The term ``covered printed circuit + board'' means any printed circuit board that is-- + (i) a product that is not a commercial + product (as defined in section 103 of title 41, + United States Code); or + (ii) a commercial product (as defined in + section 103 of title 41, United States Code), + other than a commercially available off-the- + shelf item (as defined in section 104 of title + 41, United States Code) not described in + subparagraph (B). + (B) Commercially available off-the-shelf items + described.--The commercially available off-the-shelf + items (as defined in section 104 of title 41, United + States Code) described in this subparagraph are such + items that are acquired under a contract with an award + value that is greater than the micro-purchase threshold + under section 2338 of title 10, United States Code, for + use as an integral component in a system designed for-- + (i) telecommunications, including data + communications and fifth-generation cellular + communications; + (ii) data storage; + (iii) medical applications; + (iv) networking; + (v) computing; + (vi) radar; + (vii) munitions; or + (viii) any other system that the Secretary + of Defense determines should be covered under + this section. + (3) Subcontractor.--The term ``subcontractor'' includes + subcontractors at any tier. + +SEC. 827. REPORT ON USE OF DOMESTIC NONAVAILABILITY DETERMINATIONS. + + Not later than September 30, 2021, and annually thereafter, the +Secretary of Defense shall submit a report to congressional defense +committees-- + (1) describing in detail the use of any waiver or exception + by the Department of Defense to the requirements of chapter 83 + of title 41, United States Code, or section 2533a of title 10, + United States Code, relating to domestic nonavailability + determinations; + (2) specifying the type of waiver or exception used; and + (3) providing an assessment of the impact on the use of + such waivers or exceptions due to the COVID-19 pandemic and + associated challenges with investments in domestic sources. + +SEC. 828. SENSE OF CONGRESS ON THE PROHIBITION ON CERTAIN + TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR + EQUIPMENT. + + (a) Findings.--Congress finds the following: + (1) Prohibiting the use of telecommunications and video + surveillance products or services from certain Chinese entities + within the Federal Government's supply chain is essential to + our national security. + (2) Section 889 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 + Stat. 1917; 41 U.S.C. note prec. 3901) restricts Federal + agencies from procuring, contracting with entities that use, or + funding the purchase of certain telecommunications products of + Chinese companies determined by Congress to pose a substantial + threat to the security of our communication infrastructure. + (3) Specifically, section 889(a)(1)(B) of such Act, + effective August 13, 2020, will prohibit Federal agencies from + entering into, extending, or renewing a contract with an entity + that uses covered telecommunications and video surveillance + equipment or services from designated Chinese companies, + including Huawei and ZTE, in their supply chains. + (4) As of July 1, 2020, the Federal Acquisition Regulatory + Council has yet to release a draft rule for public comment on + the implementation of the prohibitions described in section + 889(a)(1)(B) of such Act, leaving Federal agencies and + contractors that provide equipment and services to the Federal + Government without implementation guidance necessary to + adequately plan for or comply with the prohibitions. + (5) Belated, and then hurried, implementation of this + critical prohibition puts at risk the Federal Government's + ability to acquire essential goods and services and increases + vulnerability in the supply chain through inconsistent + implementation. + (6) A senior Department of Defense leader testified on June + 10, 2020, that, ``I am very concerned about being able to + implement [the prohibition] in August, as well as totally + comply within two years * * * I believe we need more time''. + (7) Subsequent to the enactment of the John S. McCain + National Defense Authorization Act for Fiscal Year 2019 (Public + Law 115-232), Congress established the Federal Acquisition + Security Council (FASC)--comprised of senior officials from the + Office of Management and Budget, General Services + Administration, Department of Defense, Department of Homeland + Security and the intelligence community--to streamline the + Federal Government's supply chain risk management efforts and + develop criteria and processes for supply chain information + sharing among executive agencies. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) successful implementation of the prohibition on using + or procuring certain telecommunications and video surveillance + equipment under section 889 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232; 132 Stat. 1917; 41 U.S.C. note prec. 3901) is critical to + protecting the supply chain of the Federal Government, and + Federal agencies should draw upon the expert resources + available (such as the Federal Acquisition Security Council + established under subchapter III of chapter 13 of title 41, + United States Code) to ensure implementation of such + prohibition is done in a comprehensive and deliberative manner; + and + (2) the Federal Acquisition Regulatory Council shall ensure + successful implementation of such prohibition by providing + sufficient time for public comment and review of any related + rulemaking. + +SEC. 829. DOMESTIC SOURCING REQUIREMENTS FOR ALUMINUM. + + (a) Finding.--Congress finds that aluminum production capacity in +the United States is critical to United States national security. + (b) Designation of Aluminum as Specialty Metal.--Section 2533b(l) +of title 10, United States Code, is amended by adding at the end the +following new paragraph: + ``(5) Aluminum and aluminum alloys.'' + (c) Federal Highway Administration.--Section 313(a) of title 23, +United States Code, is amended by striking ``unless steel, iron, and +manufactured products'' and inserting ``unless steel, iron, aluminum, +and manufactured products''. + (d) Federal Transit Administration.--Section 5323(j) of title 49, +United States Code, is amended-- + (1) in paragraph (1), by striking ``only if the steel, + iron, and manufactured goods'' and inserting ``only if the + steel, iron, aluminum, and manufactured goods''; + (2) in paragraph (2)(B), by striking ``steel, iron, and + goods'' and inserting ``steel, iron, aluminum, and manufactured + goods''; + (3) in paragraph (5), by striking ``or iron'' and inserting + ``, iron, or aluminum''; + (4) in paragraph (6)(A)(i), by inserting ``, aluminum'' + after ``iron''; + (5) in paragraph (10), by inserting ``, aluminum'' after + ``iron''; and + (6) in paragraph (12)-- + (A) in the paragraph heading, by striking ``and + iron'' and inserting ``, iron, and aluminum''; and + (B) by striking ``and iron'' and inserting ``, + iron, and aluminum''. + (e) Federal Railroad Administration.--Section 22905(a) of title 49, +United States Code, is amended-- + (1) in paragraph (1), by striking ``only if the steel, + iron, and manufactured goods'' and inserting ``only if the + steel, iron, aluminum, and manufactured products''; + (2) in paragraph (2)(B), by inserting ``, aluminum'' after + ``iron''; and + (3) in paragraph (9), by inserting ``, aluminum'' after + ``iron''. + (f) Federal Aviation Administration.--Section 50101(a) of title 49, +United States Code, is amended by striking ``steel and manufactured +goods'' and inserting ``steel, aluminum, and manufactured goods''. + (g) Amtrak.--Section 24305(f)(2) of title 49, United States Code, +is amended by inserting ``(including aluminum)'' after ``supplies'' +each place it appears. + +SEC. 830. REPORT ON ALUMINUM REFINING, PROCESSING, AND MANUFACTURING. + + (a) Sense of Congress.--It is the sense of Congress that, +consistent with any determinations made pursuant to section 101 of the +Defense Production Act of 1950 (50 U.S.C. 4511), the refining of +aluminum and the development of processing and manufacturing +capabilities for aluminum, including a geographically diverse set of +such capabilities, may have important implications for the defense +industrial base and the national defense. + (b) Report.--Not later than September 30, 2021, the Secretary of +Defense shall submit to the appropriate congressional committees a +report on-- + (1) how authorities under the Defense Production Act of + 1950 (50 U.S.C. 4501 et seq.) could be used to provide + incentives to increase activities relating to refining aluminum + and the development of processing and manufacturing + capabilities for aluminum; and + (2) whether a new initiative would further the development + of such processing and manufacturing capabilities for aluminum. + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committees on Armed Services of the Senate + and the House of Representatives; and + (B) the Committee on Financial Services of the + House of Representatives and the Committee on Banking, + Housing, and Urban Affairs of the Senate. + (2) National defense.--The term ``national defense'' shall + have the same meaning as such term under section 702 of the + Defense Production Act of 1950 (50 U.S. C. 4552). + +SEC. 830A. BRIEFING ON THE SUPPLY CHAIN FOR SMALL UNMANNED AIRCRAFT + SYSTEM COMPONENTS. + + (a) Briefing Required.--Not later than 180 days after the date of +the enactment of this Act, the Under Secretary of Defense for +Acquisition and Sustainment, in consultation with the Administrator of +the National Aeronautics and Space Administration, shall provide to the +appropriate congressional committees a briefing on the supply chain for +small unmanned aircraft system components, including a discussion of +current and projected future demand for small unmanned aircraft system +components. + (b) Elements.--The briefing under subsection (a) shall include the +following: + (1) The sustainability and availability of secure sources + of critical components domestically and from sources in allied + and partner nations. + (2) The cost, availability, and quality of secure sources + of critical components and other relevant information + domestically and from sources in allied and partner nations. + (3) The plan of the Department of Defense to address any + gaps or deficiencies presented in paragraphs (1) and (2), + including through the use of funds available under the Defense + Production Act of 1950 (50 U.S.C. 4501 et seq.) and + partnerships with the National Aeronautics and Space + Administration and other public and private stakeholders. + (4) Such other information as the Under Secretary of + Defense for Acquisition and Sustainment determines to be + appropriate. + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional defense committees; + (B) the Committee on Science, Space, and Technology + and the Committee on Transportation and Infrastructure + of the House of Representatives; and + (C) the Committee on Commerce, Science, and + Transportation of the Senate. + (2) Small unmanned aircraft; unmanned aircraft system.--The + terms ``small unmanned aircraft'' and ``unmanned aircraft + system'' have the meanings given, respectively, in section + 44801 of title 49, United States Code. + +SEC. 830B. PROHIBITION ON PROCUREMENT OR OPERATION OF FOREIGN-MADE + UNMANNED AIRCRAFT SYSTEMS. + + (a) Prohibition on Procurement.-- + (1) In general.--Except as otherwise provided in this + subsection, the head of an executive agency may not procure any + commercial off-the-shelf drone or covered unmanned aircraft, or + any component thereof for use in such a drone or unmanned + aircraft, that is manufactured or assembled by a covered + foreign entity, including any flight controllers, radios, core + processors, printed circuit boards, cameras, or gimbals. + (2) Exemption.--The Secretary of Homeland Security and the + Secretary of Defense are exempt from the requirements of + paragraph (1) if the operation or procurement-- + (A) is for the purposes of training, testing, or + analysis for-- + (i) counter-UAS system surrogate + intelligence; + (ii) electronic warfare; or + (iii) information warfare operations; and + (B) is required in the national interest of the + United States. + (3) Procurement of printed circuit boards.-- + (A) In general.--Beginning in fiscal year 2023, the + head of an executive agency shall require that any + contractor or subcontractor that provides printed + circuit boards for use in covered unmanned aircraft or + commercial off-the-shelf drones to certify that, of the + total value of the printed circuit boards provided by + such contractor or subcontractor pursuant to a contract + with an executive agency, not more than the percentages + set forth in subparagraph (B) were manufactured and + assembled by a covered foreign entity. + (B) Percentages.--In making a certification under + subsection (a), a contractor or subcontractor shall use + the following percentages: + (i) During fiscal years 2023 through 2027, + the lesser of-- + (I) 50 percent; or + (II) 25 percent, if the relevant + head of an executive agency has + determined that suppliers other than + covered foreign entities are capable of + supplying 75 percent of the + requirements of the executive agency + for printed circuit boards. + (ii) During fiscal years 2028 through 2032, + the lesser of-- + (I) 25 percent; or + (II) 0 percent, if the relevant + head of an executive agency has + determined that suppliers other than + covered foreign entities are capable of + supplying 100 percent the requirements + of the executive agency for printed + circuit boards. + (C) Remediation.-- + (i) In general.--If a contractor or + subcontractor is unable to make the + certification required under subparagraph (A), + the head of an executive agency may accept + printed circuit boards from such contractor or + subcontractor for up to 1 year while requiring + the contractor to complete a remediation plan. + Such plan shall be submitted to Congress and + shall require the contractor or subcontractor + that failed to make the certification required + under subparagraph (A) to-- + (I) audit its supply chain to + identify any areas of security + vulnerability; and + (II) meet the requirements of + subparagraph (A) within 1 year after + the initial missed certification + deadline. + (ii) Restriction.--No contractor or + subcontractor that has supplied printed circuit + boards while under a remediation plan shall be + eligible to enter into another remediation plan + under subparagraph (C) for a period of 5 years. + (iii) Waiver.--The head of an executive + agency may waive the requirement under + subparagraph (A) with respect to a contractor + or subcontractor if the head of an executive + agency determines that-- + (I) there are no significant + national security concerns regarding + counterfeiting, quality, or + unauthorized access created by + accepting printed circuit boards under + such waiver; and + (II) the contractor is otherwise in + compliance with all cybersecurity + requirements applicable to such + contractor under Federal laws or + regulations. + (iv) Availability exception.--Subparagraph + (A) shall not apply to the extent that the head + of an executive agency determines that printed + circuit boards of satisfactory quality and + sufficient quantity, in the required form, + cannot be procured as and when needed from + entities that are not covered foreign entities. + (4) Waiver.--The head of an executive agency may waive the + prohibition under paragraph (1), except with respect to a + contract to procure printed circuit boards for use in covered + unmanned aircraft or commercial off-the-shelf drones, on a + case-by-case basis with the approval of the Secretary of + Homeland Security or the Secretary of Defense and notification + to Congress. + (5) Component prohibition applicability.--Except as + otherwise provided in this subsection, the prohibition under + paragraph (1) regarding components of commercial off-the-shelf + drones or covered unmanned aircraft shall apply only to + contracts for the procurement of such components that are + entered into on or after the date that is 2 years after the + date of the enactment of this Act. + (b) Prohibition on Operation.-- + (1) Prohibition.-- + (A) In general.--Beginning not later than 180 days + after the date of the enactment of this Act, the head + of an executive agency may not operate a commercial + off-the-shelf drone or covered unmanned aircraft + manufactured or assembled by a covered foreign entity. + (B) Phase-in period for existing contracts.--The + prohibition under subparagraph (A) shall not apply, + during the 1-year period beginning on the date of the + enactment of this Act, to commercial off-the-shelf + drones and covered unmanned aircraft procured through a + contract entered into before the date of the enactment + of this Act. + (2) Exemption.--The Secretary of Homeland Security and the + Secretary of Defense are exempt from the restriction under + paragraph (1) if the operation-- + (A) is for the purposes of training, testing, or + analysis for-- + (i) counter-UAS system surrogate + intelligence; + (ii) electronic warfare; or + (iii) information warfare operations; and + (B) is required in the national interest of the + United States. + (3) Waiver.--The head of an executive agency may waive the + prohibition under paragraph (1) on a case-by-case basis with + the approval of the Secretary of Homeland Security or the + Secretary of Defense and notification to Congress. + (4) Regulations.--Not later than 180 days after the date of + the enactment of this Act, the Director of the Office of + Management and Budget, in coordination with the Secretary of + Homeland Security, Secretary of Transportation, the Attorney + General, and such other Federal departments and agencies as + determined by the Director of the Office of Management and + Budget, and in consultation with the Under Secretary of + Commerce for Standards and Technology, shall establish a + Governmentwide policy for the operation of UASs for non- + Department of Defense and non-intelligence community + operations. + (c) Prohibition on Use of Federal Funds.--The requirements +described in subsection (a) shall apply with respect to the use of +Federal funds awarded through a contract, grant, or cooperative +agreement, or made available to a State or local government, or any +subdivision thereof. + (d) Comptroller General Report.--Not later than 90 days after the +date of the enactment of this Act, the Comptroller General of the +United States shall submit to Congress a report on the quantity of +commercial off-the-shelf drones and covered unmanned aircraft procured +by Federal departments and agencies from covered foreign entities. + (e) Interaction With Other Law.--Section 848 of the National +Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2302 note) +does not apply with respect to a commercial off-the-shelf drone or +covered unmanned aircraft, or any component thereof intended for use in +such a drone or unmanned aircraft, to which the provisions of this Act +apply. + (f) Definitions.--In this section: + (1) Commercial off-the-shelf drone.--The term ``commercial + off-the-shelf drone'' means a covered unmanned aircraft that is + a commercially available off-the-shelf item (as defined in + section 104 of title 41, United States Code). + (2) Covered foreign entity.--The term ``covered foreign + entity'' means-- + (A) a covered entity (as determined by the + Secretary of Commerce); + (B) any entity that is subject to extrajudicial + direction from a foreign government, as determined by + the Director of National Intelligence; + (C) any entity the Secretary of Homeland Security, + in coordination with the Director of National + Intelligence, the Secretary of Defense, and the + Secretary of State, determines poses a national + security risk; + (D) any entity subject to influence or control by + the Government of the People Republic of China or the + Communist Party of the People's Republic of China, as + determined by the Secretary of Homeland Security; and + (E) any subsidiary or affiliate of an entity + described in subparagraphs (A) through (D). + (3) Covered unmanned aircraft.--The term ``covered unmanned + aircraft'' means an unmanned aircraft or unmanned aircraft + system as such terms are defined, respectively, in section + 44801 of title 49, United States Code. + (4) Executive agency.--The term ``executive agency'' has + the meaning given such term in section 105 of title 5, United + States Code. + (5) Intelligence community.--The term ``intelligence + community'' has the meaning given such term in section 3 of the + National Security Act of 1947 (50 U.S.C. 3003). + (6) UAS.--The term ``UAS'' has the meaning given the term + ``unmanned aircraft system'' in section 44801 of title 49, + United States Code. + +SEC. 830C. SENSE OF CONGRESS ON GAPS OR VULNERABILITIES IN THE NATIONAL + TECHNOLOGY AND INDUSTRIAL BASE. + + It is the sense of Congress that in preparing the annual report +required by section 2504 of title 10, United States Code, the Secretary +of Defense shall include the following: + (1) An assessment of gaps or vulnerabilities in the + national technology and industrial base (as defined in section + 2500 of title 10, United States Code) with respect to + intellectual property theft as related to the development and + long-term sustainability of defense technologies. + (2) The extent to which, if any, foreign adversaries engage + in operations to exploit such gaps or vulnerabilities. + (3) Recommendations to mitigate or address any such gaps or + vulnerabilities identified by the Secretary. + (4) Any other matters the Secretary of Defense determines + should be included. + +SEC. 830D. REPORT ON PARTNERSHIPS FOR RARE EARTH MATERIAL SUPPLY CHAIN + SECURITY. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to Congress a report that-- + (1) assesses the ability of the Department of Defense to + facilitate partnerships with institutions of higher education + (as defined in section 101 of the Higher Education Act of 1965 + (20 U.S.C. 1001)) that receive grants for the purpose of + enhancing the security and stability of supply chain for + domestic rare earth materials for the National Defense + Stockpile; and + (2) identifies barriers to such partnerships; and + (3) provides recommendations as to how the Secretary of + Defense may improve these partnerships. + + Subtitle D--Small Business Matters + +SEC. 831. TRANSFER OF VERIFICATION OF SMALL BUSINESS CONCERNS OWNED AND + CONTROLLED BY VETERANS OR SERVICE-DISABLED VETERANS TO + THE SMALL BUSINESS ADMINISTRATION. + + (a) Transfer Date.--For purposes of this section, the term +``transfer date'' means the date that is 2 years after the date of +enactment of this section, except that such date may be extended an +unlimited number of times by a period of not more than 6 months if the +Administrator of the Small Business Administration and the Secretary of +Veterans Affairs jointly issue a notice to Congress and the Law +Revision Counsel of the House of Representatives containing-- + (1) a certification that such extension is necessary; + (2) the rationale for and the length of such extension; and + (3) a plan to comply with the requirements of this section + within the timeframe of the extension. + (b) Amendment to and Transfer of Veteran-Owned and Service-Disabled +Veteran-Owned Business Database.-- + (1) Amendment of veteran-owned and service-disabled + veteran-owned business database.--Effective on the transfer + date, section 8127 of title 38, United States Code, is + amended-- + (A) in subsection (e)-- + (i) by striking ``the Secretary'' and + inserting ``the Administrator''; and + (ii) by striking ``subsection (f)'' and + inserting ``section 36 of the Small Business + Act''; + (B) in subsection (f)-- + (i) by striking ``the Secretary'' each + place such term appears, other than in the last + place such term appears under paragraph (2)(A), + and inserting ``the Administrator''; + (ii) in paragraph (1), by striking ``small + business concerns owned and controlled by + veterans with service-connected disabilities'' + each place such term appears and inserting + ``small business concerns owned and controlled + by service-disabled veterans''; + (iii) in paragraph (2)-- + (I) in subparagraph (A), by + striking ``to access'' and inserting + ``to obtain from the Secretary of + Veterans Affairs''; and + (II) by striking subparagraph (B) + and inserting the following: + ``(B) For purposes of this subsection-- + ``(i) the Secretary of Veterans Affairs shall-- + ``(I) verify an individual's status as a veteran or + a service-disabled veteran; and + ``(II) establish a system to permit the + Administrator to access, but not alter, such + verification; and + ``(ii) the Administrator shall verify-- + ``(I) the status of a business concern as a small + business concern; and + ``(II) the ownership and control of such business + concern. + ``(C) The Administrator may not certify a concern under subsection +(b) or section 36A if the Secretary of Veterans Affairs cannot provide +the verification described under subparagraph (B)(i)(I).''; + (iv) by striking paragraphs (4) and (7); + (v) by redesignating paragraphs (5) and (6) + as paragraphs (4) and (5), respectively, and + redesignating paragraph (8) as paragraph (6); + (vi) in paragraph (4), as so redesignated, + by striking ``The Secretary'' and inserting + ``The Administrator''; and + (vii) in paragraph (6), as so + redesignated-- + (I) in subparagraph (A)-- + (aa) by striking ``verify + the status of the concern as a + small business concern or the + ownership or control of the + concern'' and inserting + ``certify the status of the + concern as a small business + concern owned and controlled by + veterans (under section 36A) or + a small business concern owned + and controlled by service- + disabled veterans (under + section 36(g))''; and + (bb) by striking + ``verification'' and inserting + ``certification''; + (II) in subparagraph (B)-- + (aa) in clause (i), by + striking ``small business + concern owned and controlled by + veterans with service-connected + disabilities'' and inserting + ``small business concern owned + and controlled by service- + disabled veterans''; and + (bb) in clause (ii)-- + + (AA) by amending + subclause (I) to read + as follows: + + ``(I) the Secretary of Veterans Affairs or the + Administrator; or''; and + + (BB) in subclause + (II), by striking ``the + contracting officer of + the Department'' and + inserting ``the + applicable contracting + officer''; and + + (III) by striking subparagraph (C); + (C) by redesignating subsection (k) (relating to + definitions) as subsection (l); + (D) by inserting after subsection (j) (relating to + annual reports) the following: + ``(k) Annual Transfer for Certification Costs.--For each fiscal +year, the Secretary of Veterans Affairs shall reimburse the +Administrator in an amount necessary to cover any cost incurred by the +Administrator for certifying small business concerns owned and +controlled by veterans that do not qualify as small business concerns +owned and controlled by service-disabled veterans for the Secretary for +purposes of this section and section 8128 of this title. The +Administrator is authorized to accept such reimbursement. The amount of +any such reimbursement shall be determined jointly by the Secretary and +the Administrator and shall be provided from fees collected by the +Secretary under multiple-award schedule contracts. Any disagreement +about the amount shall be resolved by the Director of the Office of +Management and Budget.''; and + (E) subsection (l) (relating to definitions), as so + redesignated, by adding at the end the following: + ``(4) The term Administrator means the Administrator of the + Small Business Administration.''. + (2) Transfer of requirements relating to database to the + small business act.--Effective on the transfer date, subsection + (f) of section 8127 of title 38, United States Code (as amended + by paragraph (1)), is transferred to section 36 of the Small + Business Act (15 U.S.C. 657f), inserted so as to appear after + subsection (e). + (3) Conforming amendments.--The following amendments shall + take effect on the transfer date: + (A) Small business act.--Section 3(q)(2)(C)(i)(III) + of the Small Business Act (15 U.S.C. + 632(q)(2)(C)(i)(III)) is amended by striking ``section + 8127(f) of title 38, United States Code'' and inserting + ``section 36''. + (B) Title 38.--Section 8128 of title 38, United + States Code, is amended by striking ``section 8127(f) + of this title'' and inserting ``section 36 of the Small + Business Act''. + (c) Additional Requirements for Database.-- + (1) Administration access to database before the transfer + date.--During the period between the date of the enactment of + this section and the transfer date, the Secretary of Veterans + Affairs shall provide the Administrator of the Small Business + Administration with access to the contents of the database + described under section 8127(f) of title 38, United States + Code. + (2) Rule of construction.--Nothing in this section or the + amendments made by this section may be construed-- + (A) as prohibiting the Administrator of the Small + Business Administration from combining the contents of + the database described under section 8127(f) of title + 38, United States Code, with other databases maintained + by the Administration; or + (B) as requiring the Administrator to use any + system or technology related to the database described + under section 8127(f) of title 38, United States Code, + on or after the transfer date to comply with the + requirement to maintain a database under subsection (f) + of section 36 of the Small Business Act (as transferred + pursuant to subsection (b)(2) of this section). + (3) Recognition of the issuance of joint regulations.--The + date specified under section 1832(e) of the National Defense + Authorization Act for Fiscal Year 2017 (15 U.S.C. 632 note) + shall be deemed to be October 1, 2018. + (d) Procurement Program for Small Business Concerns Owned and +Controlled by Service-Disabled Veterans.-- + (1) Procurement program for small business concerns owned + and controlled by service-disabled veterans.--Section 36 of the + Small Business Act (15 U.S.C. 657f) is amended-- + (A) by striking subsections (d) and (e); + (B) by redesignating subsections (a), (b), and (c) + as subsections (c), (d), and (e) respectively; + (C) by inserting before subsection (c), as so + redesignated, the following: + ``(a) Contracting Officer Defined.--For purposes of this section, +the term `contracting officer' has the meaning given such term in +section 2101 of title 41, United States Code. + ``(b) Certification of Small Business Concerns Owned and Controlled +by Service-Disabled Veterans.--With respect to a procurement program or +preference established under this Act that applies to prime +contractors, the Administrator shall-- + ``(1) certify the status of the concern as a `small + business concern owned and controlled by service-disabled + veterans'; and + ``(2) require the periodic recertification of such + status.''; + (D) in subsection (d), as so redesignated, by + striking ``and that the award can be made at a fair + market price'' and inserting ``, that the award can be + made at a fair market price, and if each concern is + certified by the Administrator as a small business + concern owned and controlled by service-disabled + veterans''; and + (E) by adding at the end the following: + ``(g) Certification Requirement.--Notwithstanding subsection (c), a +contracting officer may only award a sole source contract to a small +business concern owned and controlled by service-disabled veterans or a +contract on the basis of competition restricted to small business +concerns owned and controlled by service-disabled veterans if such a +concern is certified by the Administrator as a small business concern +owned and controlled by service-disabled veterans. + ``(h) Enforcement; Penalties.-- + ``(1) Verification of eligibility.--In carrying out this + section, the Administrator shall establish procedures relating + to-- + ``(A) the filing, investigation, and disposition by + the Administration of any challenge to the eligibility + of a small business concern to receive assistance under + this section (including a challenge, filed by an + interested party, relating to the veracity of a + certification made or information provided to the + Administration by a small business concern under + subsection (b)); and + ``(B) verification by the Administrator of the + accuracy of any certification made or information + provided to the Administration by a small business + concern under subsection (b). + ``(2) Examinations.-- + ``(A) Examination of applicants.--The procedures + established under paragraph (1) shall provide for a + program of examinations by the Administrator of any + small business concern making a certification or + providing information to the Administrator under + subsection (b), to determine the veracity of any + statements or information provided as part of such + certification or otherwise provided under subsection + (b). + ``(B) Examination of certified concerns.--The + procedures established under paragraph (1) shall + provide for the examination of risk-based samples of + small business concerns certified under subsection (b), + or of any small business concern that the Administrator + believes poses a particular risk or with respect to + which the Administrator receives specific and credible + information alleging that the small business concern no + longer meets eligibility requirements to be certified + as a small business concern owned and controlled by + service-disabled veterans. + ``(3) Penalties.--In addition to the penalties described in + section 16(d), any small business concern that is determined by + the Administrator to have misrepresented the status of that + concern as a small business concern owned and controlled by + service-disabled veterans for purposes of subsection (b), shall + be subject to-- + ``(A) section 1001 of title 18, United States Code; + ``(B) sections 3729 through 3733 of title 31, + United States Code; and + ``(C) section 8127(g) of title 38, United States + Code. + ``(i) Provision of Data.--Upon the request of the Administrator, +the head of any Federal department or agency shall promptly provide to +the Administrator such information as the Administrator determines to +be necessary to carry out subsection (b) or to be able to certify the +status of the concern as a small business concern owned and controlled +by veterans under section 36A.''. + (2) Penalties for misrepresentation.--Section 16 of the + Small Business Act (15 U.S.C. 645) is amended-- + (A) in subsection (d)(1)-- + (i) by striking ``, a'' and inserting ``, a + `small business concern owned and controlled by + service-disabled veterans', a `small business + concern owned and controlled by veterans', a''; + and + (ii) in paragraph (A), by striking ``9, 15, + or 31'' and inserting ``8, 9, 15, 31, 36, or + 36A''; and + (B) in subsection (e), by striking ``, a'' and + inserting ``, a `small business concern owned and + controlled by service-disabled veterans', a `small + business concern owned and controlled by veterans', + a''. + (e) Certification for Small Business Concerns Owned and Controlled +by Veterans.--The Small Business Act (15 U.S.C. 631 et seq.) is amended +by inserting after section 36 the following new section: + +``SEC. 36A. CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED AND + CONTROLLED BY VETERANS. + + ``(a) In General.--With respect to the program established under +section 8127 of title 38, United States Code, the Administrator shall-- + ``(1) certify the status of the concern as a `small + business concern owned and controlled by veterans'; and + ``(2) require the periodic recertification of such status. + ``(b) Enforcement; Penalties.-- + ``(1) Verification of eligibility.--In carrying out this + section, the Administrator shall establish procedures relating + to-- + ``(A) the filing, investigation, and disposition by + the Administration of any challenge to the eligibility + of a small business concern to receive assistance under + this section (including a challenge, filed by an + interested party, relating to the veracity of a + certification made or information provided to the + Administration by a small business concern under + subsection (a)); and + ``(B) verification by the Administrator of the + accuracy of any certification made or information + provided to the Administration by a small business + concern under subsection (a). + ``(2) Examination of applicants.--The procedures + established under paragraph (1) shall provide for a program of + examinations by the Administrator of any small business concern + making a certification or providing information to the + Administrator under subsection (a), to determine the veracity + of any statements or information provided as part of such + certification or otherwise provided under subsection (a). + ``(3) Penalties.--In addition to the penalties described in + section 16(d), any small business concern that is determined by + the Administrator to have misrepresented the status of that + concern as a small business concern owned and controlled by + veterans for purposes of subsection (a), shall be subject to-- + ``(A) section 1001 of title 18, United States Code; + ``(B) sections 3729 through 3733 of title 31, + United States Code; and + ``(C) section 8127(g) of title 38, United States + Code.''. + (f) Status of Self-Certified Small Business Concerns Owned and +Controlled by Service-Disabled Veterans.-- + (1) In general.--Notwithstanding any other provision of + law, any small business concern that self-certified as a small + business concern owned and controlled by service-disabled + veterans shall-- + (A) if the concern files a certification + application with the Administrator of the Small + Business Administration before the end of the 1-year + period beginning on the transfer date, maintain such + self-certification until the Administrator makes a + determination with respect to such certification; and + (B) if the concern does not file such a + certification application before the end of the 1-year + period beginning on the transfer date, lose, at the end + of such 1-year period, any self-certification of the + concern as a small business concern owned and + controlled by service-disabled veterans. + (2) Non-applicability to department of veterans affairs.-- + Paragraph (1) shall not apply to participation in contracts + (including subcontracts) with the Department of Veterans + Affairs. + (3) Notice.--The Administrator shall notify any small + business concern that self-certified as a small business + concern owned and controlled by service-disabled veterans about + the requirements of this section, including the transfer date + and any extension of such transfer date made pursuant to + subsection (a), and make such notice publicly available, on-- + (A) the date of the enactment of this section; and + (B) the date on which an extension described under + subsection (a) is approved. + (g) Transfer of the Center for Verification and Evaluation of the +Department of Veterans Affairs to the Small Business Administration.-- + (1) Abolishment.--The Center for Verification and + Evaluation of the Department of Veterans Affairs defined under + section 74.1 of title 38, Code of Federal Regulations, is + abolished effective on the transfer date. + (2) Transfer of functions.--All functions that, immediately + before the effective date of this subsection, were functions of + the Center for Verification and Evaluation shall-- + (A) on the date of enactment of this section, be + functions of both the Center for Verification and + Evaluation and the Small Business Administration, + except that the Small Business Administration shall not + have any authority to carry out any verification + functions of the Center for Verification and + Evaluation; and + (B) on the transfer date, be functions of the Small + Business Administration. + (3) Transfer of assets.--So much of the personnel, + property, and records employed, used, held, available, or to be + made available in connection with a function transferred under + this subsection shall be available to the Small Business + Administration at such time or times as the President directs + for use in connection with the functions transferred. + (4) References.--Any reference in any other Federal law, + Executive order, rule, regulation, or delegation of authority, + or any document of or pertaining to a function of the Center + for Verification and Evaluation that is transferred under this + section is deemed, after the transfer date, to refer to the + Small Business Administration. + (h) Report.--Not later than the end of the 1-year period beginning +on the date of the enactment of this section and every 6 months +thereafter until the transfer date, the Administrator of the Small +Business Administration and Secretary of Veterans Affairs shall jointly +issue a report to the Committees on Appropriations, Small Business, and +Veterans' Affairs of the House of Representatives and the Committees on +Appropriations, Small Business and Entrepreneurship, and Veterans' +Affairs of the Senate on the planning for the transfer of functions and +property required under this section and the amendments made by this +section on the transfer date. Such report shall include-- + (1) whether and how the verification database and + operations of the Center for Verification and Evaluation of the + Department of Veterans Affairs will be incorporated into the + existing certification database of the Small Business + Administration; + (2) projections for the numbers and timing, in terms of + fiscal year, of-- + (A) already verified concerns that will come up for + recertification; and + (B) self-certified concerns that are expected to + apply for certification; + (3) an explanation of how outreach to veteran service + organizations, the service-disabled veteran-owned and veteran- + owned small business community, and other stakeholders will be + conducted; and + (4) other pertinent information determined by the + Administrator and the Secretary. + +SEC. 832. EQUITABLE ADJUSTMENTS TO CERTAIN CONSTRUCTION CONTRACTS. + + (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is +amended by inserting after section 15 the following new section: + +``SEC. 15A. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS. + + ``(a) Request for an Equitable Adjustment.--A small business +concern performing a construction contract that was awarded by an +agency may submit a request for an equitable adjustment to the +contracting officer of such agency if the contracting officer directs a +change in the work within the general scope of the contract without the +agreement of the small business concern. Such request shall-- + ``(1) be timely made pursuant to the terms of the contract; + and + ``(2) comply with Federal regulations regarding equitable + adjustments, including specifying additional costs resulting + from such change in the work within the general scope of the + contract. + ``(b) Amount.--Upon receipt of a request for equitable adjustment +under subsection (a), the agency shall provide to the small business +concern an interim partial payment in an amount that is at least 50 +percent of the costs identified in the request for equitable adjustment +under subsection (a)(2). + ``(c) Limitation.--Any interim partial payment made under this +section shall not be deemed to be an action to definitize the request +for an equitable adjustment. + ``(d) Flow-Down of Interim Partial Payment Amounts.--A small +business concern that requests an equitable adjustment under this +section shall pay to a first tier subcontractor or supplier the portion +of the interim partial payment received that is attributable to the +increased costs of performance incurred by the first tier subcontractor +or supplier due to the change in the work within the general scope of +the contract. A subcontractor or supplier at any tier that receives a +portion of an interim partial payment under this section shall pay its +subcontractor or supplier the appropriate portion of such payment.''. + (b) Implementation.--The Administrator of the Small Business +Administration shall implement the requirements of this section not +later than the first day of the first full fiscal year beginning after +the date of the enactment of this Act. + +SEC. 833. EXEMPTION OF CERTAIN CONTRACTS AWARDED TO SMALL BUSINESS + CONCERNS FROM CATEGORY MANAGEMENT REQUIREMENTS. + + (a) In General.--The Small Business Act is amended-- + (1) by redesignating section 49 as section 50; and + (2) by inserting after section 48 the following new + section: + +``SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CATEGORY MANAGEMENT + REQUIREMENTS. + + ``(a) In General.--A contract awarded under section 8(a), 8(m), 31, +or 32 that is classified as tier 0-- + ``(1) shall be exempt from the procedural requirements of + any Federal rule or guidance on category management or + successor strategies for contract consolidation; and + ``(2) may not be included when measuring the attainment of + any goal or benchmark established under any Federal rule or + guidance on category management or successor strategies for + contract consolidation, unless the inclusion of such contract + aids in the achievement of such a goal or benchmark. + ``(b) Definitions.--In this section: + ``(1) Category management.--The term `category management' + has the meaning given such term by the Director of the Office + of Management and Budget. + ``(2) Tier 0.--The term `tier 0' has the meaning given such + term by the Director of the Office of Management and Budget + with respect to the Spend Under Management tiered maturity + model, or any successor model.''. + (b) Application.--Section 49 of the Small Business Act, as added by +subsection (a), shall apply with respect to contracts entered into on +or after the date of the enactment of this Act. + (c) Plan and Report.-- + (1) In general.--Not later than 120 days after the date of + the enactment of this Act, the Director of the Office of + Management and Budget shall submit to Congress a report + including a plan to increase the participation of small + business concerns in agency-wide or Government-wide contracts + (including best in class designations as defined in section + 15(h)(4)(B)). Such plan shall include-- + (A) strategies to increase the amount and frequency + of opportunities for small business concerns to + participate in agency-wide or Government-wide + contracts; + (B) strategies to ease or eliminate requirements + that impede such participation of small business + concerns; and + (C) a specific goal for the number of small + business concerns participating in agency-wide or + Government-wide contracts and a timeline to achieve + such goal. + (2) Implementation.--Not later than 60 days after the + submission of the report required under paragraph (1), the + Director of the Office of Management and Budget shall implement + the plan contained in such report. + (d) Rulemaking.--Not later than 90 days after the date of the +enactment of this Act, the Federal Acquisition Regulation shall be +revised to carry out this Act and the amendment made by this Act. + +SEC. 834. REPORT ON ACCELERATED PAYMENTS TO CERTAIN SMALL BUSINESS + CONCERNS. + + (a) Report.--Not later than 3 months after the date of the +enactment of this section, the head of each Federal agency shall submit +to Congress a report on the timeliness of payments made to a covered +prime contractor. Such report shall include-- + (1) the date on which the Federal agency began providing + accelerated payments in accordance with section 2307(a)(2) of + title 10, United States Code, or paragraphs (10) and (11) of + section 3903(a) of title 31, United States Code, as applicable, + to a covered prime contractor; + (2) of contracts to which such sections apply, the amount + and percentage of covered contracts with accelerated payment + terms in accordance with such sections; and + (3) whether and on what date the agency discontinued + implementation of the Office of Management and Budget Circular + M-11-32 titled ``Accelerating Payments to Small Businesses for + Goods and Services'' (issued September 14, 2011). + (b) Definitions.--In this section: + (1) Covered prime contractor.--The term ``covered prime + contractor'' means-- + (A) a prime contractor (as defined in section 8701 + of title 41) that is a small business concern (as + defined in section 3 of the Small Business Act (15 + U.S.C. 632)); and + (B) a prime contractor that subcontracts with a + small business concern. + (2) Covered contract.--The term ``covered contract'' means + a contract entered into by a covered prime contractor-- + (A) on or after August 13, 2018, with respect to a + contract entered into the head of an agency (as defined + in section 2302 of title 10, United States Code); or + (B) on or after December 20, 2019, with respect to + a contract entered into with the head of an agency (as + defined in section 3901 of title 31, United States + Code). + (3) Federal agency.--The term ``Federal agency'' has the + meaning given ``agency'' in section 551(a) of title 5, United + States Code. + +SEC. 835. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM. + + (a) In General.--The Administrator of the Small Business +Administration shall ensure that a small business concern participating +in the program established under section 8(a) of the Small Business Act +(15 U.S.C. 637) on or before March 13, 2020, may elect to extend such +participation by a period of 1 year, regardless of whether such concern +previously elected to suspend participation in such program pursuant to +guidance of the Administrator. + (b) Emergency Rulemaking Authority.--Not later than 15 days after +the date of enactment of this section, the Administrator shall issue +regulations to carry out this section without regard to the notice +requirements under section 553(b) of title 5, United States Code. + +SEC. 836. PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS CONCERNS. + + (a) Past Performance Ratings of Joint Ventures for Small Business +Concerns.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) +is amended by adding at the end the following: + ``(5) Past performance ratings of joint ventures for small + business concerns.--With respect to evaluating an offer for a + prime contract made by a small business concern that previously + participated in a joint venture with another business concern + (whether or not such other business concern was itself a small + business concern), the Administrator shall establish + regulations-- + ``(A) requiring contracting officers to consider + the record of past performance of the joint venture + when evaluating the past performance of the small + business concern; and + ``(B) requiring the small business concern to + inform the contracting officer what duties and + responsibilities the small business concern carried out + as part of the joint venture.''. + (b) Past Performance Ratings of First-Tier Small Business +Subcontractors.--Section 8(d)(17) of the Small Business Act (15 U.S.C. +637(d)(17)) is amended to read as follows: + ``(17) Past performance ratings for certain small business + subcontractors.-- + ``(A) In general.--Upon request by a small business + concern that performed as a first tier subcontractor on + a covered contract (as defined in paragraph 13(A)) that + is submitting an offer for a solicitation, the prime + contractor for such covered contract shall submit to + the contracting agency issuing the solicitation or to + such small business concern a record of past + performance for such small business concern with + respect to such covered contract. + ``(B) Consideration.--A contracting officer shall + consider the record of past performance of a small + business concern provided under subparagraph (A) when + evaluating an offer for a prime contract made by such + small business concern.''. + (c) Rulemaking.-- + (1) Small buisness administration.--Not later than the end + of the 120-day period beginning on the date of enactment of + this Act, the Administrator of the Small Business + Administration shall issue rules to carry out this section and + the amendments made by this section. + (2) Federal acquisition regulation.--Not later than the end + of the 120-day period beginning on the date that rules are + issued under paragraph (1), the Federal Acquisition Regulation + shall be revised to reflect such rules. + +SEC. 837. CATEGORY MANAGEMENT TRAINING. + + (a) In General.--Not later than 8 months after the date of the +enactment of this section, the Administrator of the Small Business +Administration, in coordination with the Administrator of the Office of +Federal Procurement Policy and any other head of a Federal agency as +determined by the Administrator, shall develop a training curriculum on +category management for staff of Federal agencies with procurement or +acquisition responsibilities. Such training shall include-- + (1) best practices for purchasing goods and services from + small business concerns (as defined under section 3 of the + Small Business Act (15 U.S.C. 632)); and + (2) information on avoiding conflicts with the requirements + of the Small Business Act (15 U.S.C. 631 et seq.). + (b) Use of Curriculum.--The Administrator of the Small Business +Administration-- + (1) shall ensure that staff for Federal agencies described + in subsection (a) receive the training described in such + subsection; and + (2) may request the assistance of the relevant Director of + Small and Disadvantaged Business Utilization (as described in + section 15(k) of the Small Business Act (15 U.S.C. 644(k))) to + carry out the requirements of paragraph (1). + (c) Submission to Congress.--The Administrator of the Small +Business Administration shall provide a copy of the training curriculum +developed under subsection (a) to the Committee on Small Business of +the House of Representatives and the Committee on Small Business and +Entrepreneurship of the Senate. + (d) Category Management Defined.--In this Act, the term ``category +management'' has the meaning given by the Director of the Office of +Management and Budget. + +SEC. 838. SMALL BUSINESSES IN TERRITORIES OF THE UNITED STATES. + + (a) Definition of Covered Territory Business.--Section 3 of the +Small Business Act (15 U.S.C. 632) is amended by adding at the end the +following new subsection: + ``(ff) Covered Territory Business.--In this Act, the term `covered +territory business' means a small business concern that has its +principal office located in one of the following: + ``(1) The United States Virgin Islands. + ``(2) American Samoa. + ``(3) Guam. + ``(4) The Northern Mariana Islands.''. + (b) Priority for Surplus Property Transfers.--Section +7(j)(13)(F)(iii) of the Small Business Act (15 U.S.C. +636(j)(13)(F)(iii)) is amended-- + (1) in clause (I), by striking ``means'' and all that + follows through the period at the end and inserting the + following: ``means-- + ``(aa) in the case of a + Puerto Rico business, the + period beginning on August 13, + 2018, and ending on the date on + which the Oversight Board + established under section 2121 + of title 48 terminates; and + ``(bb) in the case of a + covered territory business, the + period beginning on the date of + enactment of this item and + ending on the date that is 4 + years after such date of + enactment.''; and + (2) in clause (II)-- + (A) by inserting ``or a covered territory + business'' after ``a Puerto Rico business''; and + (B) by striking ``the Puerto Rico business'' in + both places it appears and inserting ``such business''. + (c) Contracting Incentives for Protege Firms That Are Covered +Territory Businesses.-- + (1) Contracting incentives.--Section 45(a) of the Small + Business Act (15 U.S.C. 657r(a)) is amended by adding at the + end the following new paragraph: + ``(4) Covered territory businesses.--During the period + beginning on the date of enactment of this paragraph and ending + on the date that is 4 years after such date of enactment, the + Administrator shall identify potential incentives to a covered + territory mentor that awards a subcontract to its covered + territory protege, including-- + ``(A) positive consideration in any past + performance evaluation of the covered territory mentor; + and + ``(B) the application of costs incurred for + providing training to such covered territory protege to + the subcontracting plan (as required under paragraph + (4) or (5) of section 8(d)) of the covered territory + mentor.''. + (2) Mentor-protege relationships.--Section 45(b)(3)(A) of + the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by + striking ``relationships are'' and all that follows through the + period at the end and inserting the following: + ``relationships-- + ``(i) are between a covered protege and a + covered mentor; or + ``(ii) are between a covered territory + protege and a covered territory mentor.''. + (3) Definitions.--Section 45(d) of the Small Business Act + (15 U.S.C. 657r(d)) is amended by adding at the end the + following new paragraphs: + ``(6) Covered territory mentor.--The term `covered + territory mentor' means a mentor that enters into an agreement + under this Act, or under any mentor-protege program approved + under subsection (b)(1), with a covered territory protege. + ``(7) Covered territory protege.--The term `covered + territory protege' means a protege of a covered territory + mentor that is a covered territory business.''. + +SEC. 839. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA + ISLANDS FOR CERTAIN SMALL BUSINESS ADMINISTRATION + PROGRAMS. + + The Small Business Act (15 U.S.C. 631 et seq.) is amended-- + (1) in section 21(a)-- + (A) in paragraph (1), by inserting before ``The + Administration shall require'' the following: ``The + previous sentence shall not apply to an applicant that + has its principal office located in the Commonwealth of + the Northern Mariana Islands.''; and + (B) in paragraph (4)(C)(ix), by striking ``and + American Samoa'' and inserting ``American Samoa, and + the Commonwealth of the Northern Mariana Islands''; and + (2) in section 34(a)(9), by striking ``and American Samoa'' + and inserting ``American Samoa, and the Commonwealth of the + Northern Mariana Islands''. + +SEC. 840. BOOTS TO BUSINESS PROGRAM. + + Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by +adding at the end the following new subsection: + ``(h) Boots to Business Program.-- + ``(1) Covered individual defined.--In this subsection, the + term `covered individual' means-- + ``(A) a member of the Armed Forces, including the + National Guard or Reserves; + ``(B) an individual who is participating in the + Transition Assistance Program established under section + 1144 of title 10, United States Code; + ``(C) an individual who-- + ``(i) served on active duty in any branch + of the Armed Forces, including the National + Guard or Reserves; and + ``(ii) was discharged or released from such + service under conditions other than + dishonorable; and + ``(D) a spouse or dependent of an individual + described in subparagraph (A), (B), or (C). + ``(2) Establishment.--Beginning on the first October 1 + after the enactment of this subsection and for the subsequent 4 + fiscal years, the Administrator shall carry out a program to be + known as the `Boots to Business Program' to provide + entrepreneurship training to covered individuals. + ``(3) Goals.--The goals of the Boots to Business Program + are to-- + ``(A) provide assistance and in-depth training to + covered individuals interested in business ownership; + and + ``(B) provide covered individuals with the tools, + skills, and knowledge necessary to identify a business + opportunity, draft a business plan, identify sources of + capital, connect with local resources for small + business concerns, and start up a small business + concern. + ``(4) Program components.-- + ``(A) In general.--The Boots to Business Program + may include-- + ``(i) a presentation providing exposure to + the considerations involved in self-employment + and ownership of a small business concern; + ``(ii) an online, self-study course focused + on the basic skills of entrepreneurship, the + language of business, and the considerations + involved in self-employment and ownership of a + small business concern; + ``(iii) an in-person classroom instruction + component providing an introduction to the + foundations of self employment and ownership of + a small business concern; and + ``(iv) in-depth training delivered through + online instruction, including an online course + that leads to the creation of a business plan. + ``(B) Collaboration.--The Administrator may-- + ``(i) collaborate with public and private + entities to develop course curricula for the + Boots to Business Program; and + ``(ii) modify program components in + coordination with entities participating in a + Warriors in Transition program, as defined in + section 738(e) of the National Defense + Authorization Act for Fiscal Year 2013 (10 + U.S.C. 1071 note). + ``(C) Use of resource partners.-- + ``(i) In general.--The Administrator + shall-- + ``(I) ensure that Veteran Business + Outreach Centers regularly participate, + on a nationwide basis, in the Boots to + Business Program; and + ``(II) to the maximum extent + practicable, use a variety of other + resource partners and entities in + administering the Boots to Business + Program. + ``(ii) Grant authority.--In carrying out + clause (i), the Administrator may make grants + to Veteran Business Outreach Centers, other + resource partners, or other entities to carry + out components of the Boots to Business + Program. + ``(D) Availability to department of defense.--The + Administrator shall make available to the Secretary of + Defense information regarding the Boots to Business + Program, including all course materials and outreach + materials related to the Boots to Business Program, for + inclusion on the website of the Department of Defense + relating to the Transition Assistance Program, in the + Transition Assistance Program manual, and in other + relevant materials available for distribution from the + Secretary of Defense. + ``(E) Availability to veterans affairs.--In + consultation with the Secretary of Veterans Affairs, + the Administrator shall make available for distribution + and display at local facilities of the Department of + Veterans Affairs outreach materials regarding the Boots + to Business Program which shall, at a minimum-- + ``(i) describe the Boots to Business + Program and the services provided; and + ``(ii) include eligibility requirements for + participating in the Boots to Business Program. + ``(5) Report.--Not later than 180 days after the date of + the enactment of this subsection and every year thereafter, the + Administrator shall submit to the Committee on Small Business + and Entrepreneurship of the Senate and the Committee on Small + Business of the House of Representatives a report on the + performance and effectiveness of the Boots to Business Program, + which may be included as part of another report submitted to + such Committees by the Administrator, and which shall include-- + ``(A) information regarding grants awarded under + paragraph (4)(C); + ``(B) the total cost of the Boots to Business + Program; + ``(C) the number of program participants using each + component of the Boots to Business Program; + ``(D) the completion rates for each component of + the Boots to Business Program; + ``(E) to the extent possible-- + ``(i) the demographics of program + participants, to include gender, age, race, + relationship to military, military occupational + specialty, and years of service of program + participants; + ``(ii) the number of small business + concerns formed or expanded with assistance + under the Boots to Business Program; + ``(iii) the gross receipts of small + business concerns receiving assistance under + the Boots to Business Program; + ``(iv) the number of jobs created with + assistance under the Boots to Business Program; + ``(v) the number of referrals to other + resources and programs of the Administration; + ``(vi) the number of program participants + receiving financial assistance under loan + programs of the Administration; + ``(vii) the type and dollar amount of + financial assistance received by program + participants under any loan program of the + Administration; and + ``(viii) results of participant + satisfaction surveys, including a summary of + any comments received from program + participants; + ``(F) an evaluation of the effectiveness of the + Boots to Business Program in each region of the + Administration during the most recent fiscal year; + ``(G) an assessment of additional performance + outcome measures for the Boots to Business Program, as + identified by the Administrator; + ``(H) any recommendations of the Administrator for + improvement of the Boots to Business Program, which may + include expansion of the types of individuals who are + covered individuals; + ``(I) an explanation of how the Boots to Business + Program has been integrated with other transition + programs and related resources of the Administration + and other Federal agencies; and + ``(J) any additional information the Administrator + determines necessary.''. + +SEC. 840A. EMPLOYMENT SIZE STANDARD REQUIREMENTS. + + (a) In General.--Section 3(a)(2) of the Small Business Act (15 +U.S.C. 632(a)(2)) is amended-- + (1) in subparagraph (A), by inserting ``and subject to the + requirements specified under subparagraph (C)'' after + ``paragraph (1)''; and + (2) in subparagraph (C)-- + (A) by inserting ``(including the Administration + when acting pursuant to subparagraph (A))'' after ``no + Federal department or agency''; and + (B) in clause (ii)(I) by striking ``12 months'' and + inserting ``24 months''. + (b) Effective Date.--This Act and the amendments made by this Act +shall take effect 1 year after the date of the enactment of this Act. + + Subtitle E--Other Matters + +SEC. 841. MODIFICATIONS TO SUPERVISION AND AWARD OF CERTAIN CONTRACTS. + + (a) Supervision of Military Construction Projects.--Section 2851 of +title 10, United States Code, is amended-- + (1) in subsection (c)(1)-- + (A) by inserting ``or appropriated'' after ``funds + authorized'' each place such term appears; and + (B) in subparagraph (E), by inserting ``, + Facilities Sustainment, Restoration, and Modernization + (FSRM) project,'' after ``military construction + project''; and + (2) in subsection (c)(2)-- + (A) by inserting ``, deadline for bid + submissions,'' after ``solicitation date''; + (B) by inserting ``(including the address of such + recipient)'' after ``contract recipient''; and + (C) by adding at the end the following new + subparagraphs: + ``(H) Any subcontracting plan required under paragraph (4) + or (5) of section 8(d) of the Small Business Act (15 U.S.C. + 637(d)) for the project submitted by the contract recipient to + the Secretary of Defense. + ``(I) A detailed written statement describing and + justifying any exception applied or waiver granted under-- + ``(i) chapter 83 of title 41; + ``(ii) section 2533a of this title; or + ``(iii) section 2533b of this title.''; and + (3) by adding at the end the following new paragraph: + ``(4) The information required to be published on the Internet +website under subsection (c) shall constitute a record for the purposes +of Chapter 21, 29, 31, and 33 of title 44.''. + (b) Requirements Relating to the Award of Covered Military +Construction Contracts.-- + (1) Requirements.--Subchapter III of chapter 169 of title + 10, United States Code, is amended by inserting after section + 2851 the following new section: +``Sec. 2851a. Requirements relating to the award of covered military + construction contracts + ``(a) Publication of Certain Information Relating to Covered +Military Construction Contracts.-- + ``(1) Contractor requirements.--A contractor that has been + awarded a covered military construction contract shall-- + ``(A) make publicly available on a website of the + General Services Administration or the Small Business + Administration, as applicable, any solicitation under + that covered military construction contract for a + subcontract of an estimated value of $250,000 or more; + and + ``(B) submit written notification of the award of + the covered military construction contract, and of any + subcontract awarded under the covered military + construction contract, to the relevant agency of a + covered State that enforces workers' compensation or + minimum wage laws in such covered State. + ``(2) Notice.--Upon award of a covered military + construction contract with an estimated value greater than or + equal to $2,000,000, the Secretary concerned shall notify any + applicable Member of Congress representing the covered State in + which that covered military construction contract is to be + performed of such award in a timely manner. + ``(3) Federal procurement data system.--The Secretary of + Defense shall ensure that there is a clear and unique + indication of any covered military construction contract with + subcontracting work of an estimated value of $250,000 or more + in the Federal Procurement Data System established pursuant to + section 1122(a)(4) of title 41 (or any successor system). + ``(b) Use of Local Firms and Individuals.-- + ``(1) In general.--To the extent practicable, in awarding a + covered military construction contract, the Secretary concerned + shall give preference to those firms and individuals residing + or doing business primarily in the same State as, or within a + 60-mile radius of, the location of the work to be performed + pursuant to the contract. + ``(2) Justification required.--The Secretary concerned + shall prepare a written justification, and make such + justification available on the Internet site required under + section 2851 of this title, for the award of any covered + military construction contract to a firm or individual that is + not described under paragraph (1). + ``(c) Licensing.--A contractor and any subcontractors performing a +covered military construction contract shall be licensed to perform the +work under such contract in the State in which the work will be +performed. + ``(d) Monthly Report.--Not later than 10 days after the end of each +month, the Secretary of Defense shall submit to the congressional +defense committees a report identifying for that month the following: + ``(1) Each covered military construction contract and each + subcontract of a covered military construction contract + described in subsection (a)(1)(A) awarded during that month. + ``(2) The location of the work to be performed pursuant to + each covered military construction contract and subcontract + identified pursuant to paragraph (1). + ``(3) The prime contractor and any subcontractor performing + each covered military construction contract and subcontract + identified pursuant to paragraph (1). + ``(4) The estimated value of each covered military + construction contract and subcontract identified pursuant to + paragraph (1). + ``(e) Exclusion of Classified Projects.--This section does not +apply to a classified covered military construction project. + ``(f) Definitions.--In this section: + ``(1) Covered military construction contract.--The term + `covered military construction contract' means a contract for + work on a military construction project, military family + housing project, or Facilities Sustainment, Restoration, and + Modernization (FSRM) project carried out in a covered State. + ``(2) Covered state.--The term `covered State' means any of + the several States, the District of Columbia, the Commonwealth + of Puerto Rico, Guam, American Samoa, the United States Virgin + Islands, or the Commonwealth of the Northern Mariana Islands. + ``(3) Member of congress.--The term `Member of Congress' + has the meaning given the term in section 2106 of title 5.''. + (2) Clerical amendment.--The table of sections at the + beginning of subchapter III of chapter 169 of title 10, United + States Code, is amended by inserting after the item relating to + section 2851 the following new item: + +``2851a. Requirements relating to the award of covered military + construction contracts.''. + (3) Applicability.--Section 2851a of title 10, United + States Code, as added by paragraph (1), shall apply with + respect to a covered military construction contract, as defined + in such section, entered into on or after the date of the + enactment of this Act. + (c) Small Business Credit for Local Businesses.--Section 15 of the +Small Business Act (15 U.S.C. 644) is amended by adding at the end the +following new subsection-- + ``(y) Small Business Credit for Local Businesses.-- + ``(1) Credit for meeting subcontracting goals.--If a prime + contractor awards a subcontract (at any tier) to a small + business concern that has its principal office located in the + same State as, or within a 60-mile radius of, the location of + the work to be performed pursuant to the contract of the prime + contractor, the value of the subcontract shall be doubled for + purposes of determining compliance with the goals for + procurement contracts under subsection (g)(1)(A) during such + period. + ``(2) Report.--Along with the report required under + subsection (h)(1), the head of each Federal agency shall submit + to the Administrator, and make publicly available on the + scorecard described in section 868(b) of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 + Stat. 933; 15 U.S.C. 644 note), an analysis of the number and + dollar amount of subcontracts awarded pursuant to paragraph (1) + for each fiscal year of the period described in such + paragraph.''. + +SEC. 842. AMENDMENTS TO SUBMISSIONS TO CONGRESS RELATING TO CERTAIN + FOREIGN MILITARY SALES. + + Section 887(b) of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 22 U.S.C. 2761 note) is amended-- + (1) by striking ``the Secretary shall'' each place it + appears and inserting ``the Secretary, in consultation with the + Secretary of State, shall''; + (2) in paragraph (1)-- + (A) by striking ``December 31, 2021'' and inserting + ``December 31, 2024''; and + (B) by striking ``with a value'' and all that + follows through the ``subsection (a)''; and + (3) in paragraph (2), by striking ``December 31, 2021'' and + inserting ``December 31, 2024''. + +SEC. 843. REVISIONS TO REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS + FOR FOREIGN MILITARY SALES. + + (a) In General.--Section 830 of the National Defense Authorization +Act for Fiscal Year 2017 (22 U.S.C. 2762 note) is amended-- + (1) in subsection (a), by inserting ``and subject to + subsection (e)'' after ``enactment of this Act''; and + (2) by adding at the end the following new subsection: + ``(e) Applicability.--The regulations prescribed pursuant to +subsection (a) shall not apply to a foreign military sale for which the +foreign country that is the counterparty to such foreign military sale +has requested a modification to the defense service or defense article +that is the subject of such foreign military sale that would require +significant development work.''; and + (3) in subsection (c), by adding at the end the following + new sentence: ``The Secretary may not delegate the authority to + exercise such a waiver below the level of the service + acquisition executive (as defined in section 101(a)(10) of + title 10, United States Code).''. + (b) Implementation.--The Secretary of Defense shall-- + (1) not later than 120 days after the date of the enactment + of this Act, issue guidance to carry out the amendments made by + this section; and + (2) not later than February 1, 2021, revise the Department + of Defense Supplement to the Federal Acquisition Regulation to + carry out the amendments made by this section. + +SEC. 844. SMALL BUSINESS INDUSTRIAL BASE RESILIENCY PROGRAM. + + (a) Establishment.--The Assistant Secretary of Defense for +Industrial Base Policy (established under section 902 of this Act) +shall establish a program to be known as the ``Small Business +Industrial Base Resiliency Program'' under which the Assistant +Secretary shall enter into transactions to purchase or to make a +commitment to purchase goods or services from small business concerns +as described in subsection (b) to respond to the COVID-19 pandemic. + (b) Uses of Transactions.--A transaction entered into pursuant to +the authority under this section shall-- + (1) support the monitoring and assessment of small business + concerns that enter into such a transaction; + (2) address critical issues in the industrial base relating + to urgent operational needs in response to the COVID-19 + pandemic; + (3) support efforts to create, maintain, protect, expand, + or restore the industrial base in response to the COVID-19 + pandemic; and + (4) as applicable, address supply chain vulnerabilities + related to the COVID-19 pandemic for small business concerns + that enter into such a transaction. + (c) Duration.--The term of a transaction entered into pursuant to +the authority under this section shall be 2 years. + (d) Liabilities.--With respect to any transaction entered into +pursuant to the authority under this section on or after the date of +enactment of this Act, if such transaction imposes any contingent +liability upon the United States, such liability shall be recorded as +an obligation against amounts made available from the Research and +Development, Defense-Wide, Pandemic Preparedness and Resilience +National Security Fund under section 1003 in an amount equal to the +maximum amount of the contingency at the time such transaction is +entered into. + (e) Report.--Not later than March 1, 2021, the Assistant Secretary +of Defense for Industrial Base Policy shall submit to the appropriate +committees a report that includes the following: + (1) A description of any guidance or policy issued to carry + out this section. + (2) A description of any relevant assessments prepared to + address critical issues in the industrial base relating to + urgent operational needs related to the COVID-19 pandemic. + (3) A description of any transaction entered into pursuant + to the authority under this section, and the impact such + transaction has had on the response of the Department of + Defense to the COVID-19 pandemic. + (4) A prioritized list of gaps or vulnerabilities in the + transactions of the industrial base in which small business + concerns participate that are related the COVID-19 pandemic, + including-- + (A) a description of mitigation strategies + necessary to address such gaps or vulnerabilities; + (B) the identification of the Secretary concerned + or the head of the Defense Agency responsible for + addressing such gaps or vulnerabilities; and + (C) a proposed timeline for action to address such + gaps or vulnerabilities. + (5) Identification of each transaction designed to sustain + specific essential technological and industrial capabilities + and processes of the industrial base in which small business + concerns participate that are related to the COVID-19 pandemic. + (6) Any other steps necessary to foster and safeguard the + industrial base in which small business concerns participate + due to the impact of the COVID-19 pandemic. + (f) Funding.--The Assistant Secretary of Defense for Industrial +Base Policy shall use amounts authorized to be appropriated for +Research and Development, Defense-Wide, Pandemic Preparedness and +Resilience National Security Fund under section 1003 to carry out the +requirements of this section. + (g) Definitions.--In this Act: + (1) Appropriate committees.--The term ``covered + committees'' means-- + (A) the Committees on Armed Services of the Senate + and the House of Representatives; and + (B) the Committee on Small Business and + Entrepreneurship of the Senate and the Committee on + Small Business of the House of Representatives. + (2) COVID-19 pandemic.--The term ``COVID-19 pandemic'' + means the national emergency declared by the President under + the National Emergencies Act (50 U.S.C. 1601 et seq.). + (3) Defense agency.--The term ``Defense Agency'' has the + meaning given in section 101 of title 10, United States Code. + (4) Secretary concerned.--The term ``Secretary concerned'' + has the meaning given in section 101 of title 10, United States + Code. + (5) Small business concern.--The term ``small business + concern'' has the meaning given under section 3 of the Small + Business Act (15 U.S.C. 632)). + +SEC. 845. REQUIREMENTS RELATING TO REPORTS AND LIMITATIONS ON THE + AVAILABILITY OF FUNDS. + + (a) Limitation on the Availability of Funds Relating to the Defense +Civilian Training Corps Program.-- + (1) Initial plan and schedule.--Beginning on October 1, + 2020, if the Secretary of Defense has not submitted the plan + and schedule to implement the Defense Civilian Training Corps + program required under section 860(b)(1) of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116- + 92; 133 Stat. 1514; 10 U.S.C. 2200g note), not more than 25 + percent of the funds specified in paragraph (3) may be + obligated or expended until the date on which such plan and + schedule has been submitted. + (2) Expansion plan and schedule.--Beginning on January 1, + 2021, if the Secretary of Defense has not submitted the + expansion plan and schedule relating to the Defense Civilian + Training Corps program required under section 860(b)(2) of the + National Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92; 133 Stat. 1514; 10 U.S.C. 2200g note), not more + than 50 percent of the funds specified in paragraph (3) may be + obligated or expended until the date on which such expansion + plan and schedule has been submitted. + (3) Funds specified.--The funds specified in this paragraph + are the funds authorized to be appropriated by this Act or + otherwise made available for fiscal year 2021 for the + Department of Defense for the following: + (A) The immediate office of the Secretary of + Defense. + (B) The Office of the Under Secretary of Defense + for Personnel and Readiness. + (C) The Office of the Under Secretary of Defense + for Research and Engineering. + (D) The Office of the Under Secretary of Defense + for Acquisition and Sustainment. + (b) Report and Limitation on the Availability of Funds Relating to +the Extramural Acquisition Innovation and Research Activities.-- + (1) Report.--Not later than October 1, 2020, the Under + Secretary of Defense for Acquisition and Sustainment shall + submit to the congressional defense committees a report-- + (A) on the establishment of the extramural + acquisition innovation and research activities required + under section 2361a of title 10, United States Code (as + added by section 835(a)(1) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116- + 92; 133 Stat. 1494)); and + (B) that includes the name of the Director + appointed under section 2361a(c) of such title (as + added by section 835(a)(1) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116- + 92; 133 Stat. 1494)). + (2) Limitation.-- + (A) In general.--Beginning on October 1, 2020, if + the Under Secretary of Defense for Acquisition and + Sustainment has not submitted the report required under + paragraph (1), not more than 25 percent of the funds + specified in subparagraph (B) may be obligated or + expended until the date on which such report has been + submitted. + (B) Funds specified.--The funds specified in this + subparagraph are the funds authorized to be + appropriated by this Act or otherwise made available + for fiscal year 2021 for the Department of Defense for + the following: + (i) The immediate office of the Secretary + of Defense. + (ii) The Office of the Under Secretary of + Defense for Research and Engineering. + (iii) The Office of the Under Secretary of + Defense for Acquisition and Sustainment. + (c) Report and Limitation on the Availability of Funds Relating to +the Eliminating the Gaps and Vulnerabilities in the National Technology +and Industrial Base.-- + (1) Report.--Not later than October 1, 2020, the Secretary + of Defense shall submit to the congressional defense committees + the national security strategy for national technology and + industrial base required by section 2501(a) of title 10, United + States Code. + (2) Limitation.-- + (A) In general.--Beginning on October 1, 2020, if + the Secretary of Defense has not submitted the report + required under paragraph (1), not more than 25 percent + of the funds specified in subparagraph (B) may be + obligated or expended until the date on which such + report has been submitted. + (B) Funds specified.--The funds specified in this + subparagraph are the funds authorized to be + appropriated by this Act or otherwise made available + for fiscal year 2021 for the Department of Defense for + the following: + (i) The immediate office of the Secretary + of Defense. + (ii) The Office of the Under Secretary of + Defense for Acquisition and Sustainment. + +SEC. 846. ASSESSMENT OF THE REQUIREMENTS PROCESSES OF THE MILITARY + DEPARTMENTS. + + (a) Assessment.--The Secretary of the military department concerned +shall assess the requirements process of the military department and +make recommendations to improve the agility and timeliness of such +requirements process for acquisition programs of the military +department. + (b) Report.-- + (1) In general.--Not later than March 31, 2021, each + Secretary of a military department shall submit to the + congressional defense committees a report on the assessment + conducted pursuant to subsection (a) and specific plans to + update the requirements processes of the military department + concerned based on such assessment. + (2) Elements.--Each report shall include an analysis of and + recommended improvements for the following elements: + (A) If appropriate, information from the report + required in section 800(f) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116- + 92). + (B) The alignment of the requirements processes, + acquisition system, and budget process of the military + department concerned. + (C) The requirements process for each acquisition + pathway of the adaptive acquisition framework (as + described in Department of Defense Instruction 5000.02, + ``Operation of the Adaptive Acquisition Framework''), + including the time it takes to complete requirements + development and approval process for each pathway. + (D) For each acquisition pathway described in + subparagraph (C), the processes for and the extent to + which detailed systems engineering and requirements + trade-off analyses are done before the development of + requirements begins for a specific acquisition program + to ensure that risks are understood and accounted for + and that both top-level and derived requirements + (development as well as reliability and + maintainability) are achievable within cost, schedule, + and technology constraints. + (E) Organizational roles and responsibilities of + individuals with responsibilities relating to the + requirements process for the military department + concerned, including the role, composition, and metrics + used to assess the effectiveness of any requirements + oversight council of the military department concerned. + (F) The composition and sufficiency of individuals + who develop requirements for the military department + concerned, including any acquisition workforce planning + and personnel shortfalls and resources needed to + address any such shortfalls. + (G) The ability of the requirements process to + address the urgent needs of the military department + concerned. + (H) The capacity to review changes in requirements + for programs of record. + (I) The validation of decisions made from the + requirements process and the alignment of each such + decision to the national defense strategy required + under section 113(g) of title 10, United States Code. + (J) The use of portfolio management in the + requirements process to coordinate decisions and avoid + any duplication of requirements across acquisition + programs. + (K) The implementation of recommendations on the + process from the Comptroller General of the United + States by each military department. + (L) Identification and comparison of best practices + in the private sector and the public sector for the + requirements development and approval process. + (M) Other recommendations to improve the process of + establishing requirements, including lessons learned + from responding to the COVID-19 pandemic. + (N) Any additional matters that the Secretaries + determine appropriate. + +SEC. 847. REPORT ON TRANSFER AND CONSOLIDATION OF CERTAIN DEFENSE + ACQUISITION STATUTES. + + Not later than February 21, 2021, the Secretary of Defense shall +submit to the congressional defense committees a report containing a +comprehensive legislative proposal for the transfer and consolidation +of statutes within the framework for part V of subtitle A of title 10, +United States Code (as enacted by section 801 of the National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232)), along +with conforming amendments to law required by such transfer and +consolidation. Such report shall include an assessment of the effect of +such transfer and consolidation on related Department of Defense +activities, guidance, and interagency coordination. + +SEC. 848. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR + REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT OF + 1938. + + The head of a Federal department or agency (as defined in section +102 of title 40, United States Code) shall initiate a debarment +proceeding with respect to a person for whom information regarding four +or more willful or repeated violation of the Fair Labor Standards Act +of 1938 (29 U.S.C. 201 et seq.) as determined by a disposition +described under subsection (c)(1) of section 2313 of title 41, United +States Code, and issued in the last 4 years, is included in the +database established under subsection (a) of such section. The head of +the department or agency shall use discretion in determining whether +the debarment is temporary or permanent. + +SEC. 849. REESTABLISHMENT OF COMMISSION ON WARTIME CONTRACTING. + + (a) In General.--There is hereby reestablished in the legislative +branch under section 841 of the National Defense Authorization Act for +Fiscal Year 2008 (Public Law 110-181; 122 Stat. 230) the Commission on +Wartime Contracting. + (b) Amendment to Duties.--Section 841(c)(1) of the National Defense +Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. +231) is amended to read as follows: + ``(1) General duties.--The Commission shall study the + following matters: + ``(A) Federal agency contracting funded by overseas + contingency operations funds. + ``(B) Federal agency contracting for the logistical + support of coalition forces operating under the + authority of the 2001 or 2002 Authorization for the Use + of Military Force. + ``(C) Federal agency contracting for the + performance of security functions in countries where + coalition forces operate under the authority of the + 2001 or 2002 Authorization for the Use of Military + Force''. + (c) Conforming Amendments.--Section 841 of the National Defense +Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. +230) is amended-- + (1) in subsection (b)-- + (A) in paragraph (1), by striking ``the Committee + on Oversight and Government Reform'' each place it + appears and inserting ``the Committee on Oversight and + Reform''; + (B) in paragraph (2), by striking ``of this Act'' + and inserting ``of the Wartime Contracting Commission + Reauthorization Act of 2019''; and + (C) in paragraph (4), by striking ``was first + established'' each place it appears and inserting ``was + reestablished by the Wartime Contracting Commission + Reauthorization Act of 2019''; and + (2) in subsection (d)(1), by striking ``On March 1, 2009'' + and inserting ``Not later than 1 year after the date of + enactment of the Wartime Contracting Commission Reauthorization + Act of 2019''. + +SEC. 850. REPORT ON CERTAIN CONTRACTS RELATING TO CONSTRUCTION OR + MAINTENANCE OF A BORDER WALL. + + The Secretary of Defense shall include on a public website of the +Department of Defense a list of any contracts, including any task order +contract (as such term is defined in section 2304d of title 10, United +States Code) and any modifications to a contract, entered into by the +Secretary relating to the construction or maintenance of a barrier +along the international border between the United States and Mexico +that have an estimated value equal to or greater than $7,000,000. + +SEC. 851. CONGRESSIONAL OVERSIGHT OF PRIVATE SECURITY CONTRACTOR + CONTRACTS. + + (a) Report of Certain Contracts and Task Orders.-- + (1) Requirement regarding contracts and task orders.--The + Inspector General of the Department of Defense shall compile a + report of the work performed or to be performed under a covered + contract during the period beginning on October 1, 2001, and + ending on the last day of the month during which this Act is + enacted for work performed or work to be performed in areas of + contingency operations. + (2) Form of submissions.--The report required by paragraph + (1) shall be submitted in unclassified form, to the maximum + extent possible, but may contain a classified annex, if + necessary. + (b) Reports on Contracts for Work To Be Performed in Areas of +Contingency Operations and Other Significant Military Operations.--The +Inspector General of the Department of Defense shall submit to each +specified congressional committee a report not later than 60 days after +the date of the enactment of this Act that contains the following +information: + (1) The number of civilians performing work in areas of + contingency operations under covered contracts. + (2) The total cost of such covered contracts. + (3) The total number of civilians who have been wounded or + killed in performing work under such covered contracts. + (4) A description of the disciplinary actions that have + been taken against persons performing work under such covered + contracts by the contractor, the United States Government, or + the government of any country in which the area of contingency + operations is located. + (c) Definitions.--In this section: + (1) Covered contract.--The term ``covered contract'' means + a contract for private security entered into by the Secretary + of Defense in an amount greater than $5,000,000. + (2) Contingency operation.--The term ``contingency + operation'' has the meaning provided by section 101(a)(13) of + title 10, United States Code. + (3) Specified congressional committees.--The term + ``specified congressional committees'' means the Committees on + Armed Services of the Senate and the House of Representatives. + +SEC. 852. REVISIONS TO THE UNIFIED FACILITIES CRITERIA REGARDING THE + USE OF VARIABLE REFRIGERANT FLOW SYSTEMS. + + (a) In General.--The Under Secretary of Defense for Acquisition and +Sustainment shall publish any proposed revisions to the Unified +Facilities Criteria regarding the use of variable refrigerant flow +systems in the Federal Register and shall specify a comment period of +at least 60 days. + (b) Notice.--The Secretary shall submit to the Committees on Armed +Services of the House of Representatives and the Senate a written +notice and justification for any proposed revisions to the Unified +Facilities Criteria regarding the use of variable refrigerant flow +systems not later than 30 days after the date of publication in the +Federal Register. + + TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT + + Subtitle A--Office of the Secretary of Defense and Related Matters + +SEC. 901. REPEAL OF POSITION OF CHIEF MANAGEMENT OFFICER. + + (a) Repeal of Position of Chief Management Officer.-- + (1) In general.--Section 132a of title 10, United States + Code is repealed. + (2) Conforming amendments and repeals.-- + (A) Paragraph (2) of section 131(b) of title 10, + United States Code, is repealed. + (B) The table of sections at the beginning of + chapter 4 of title 10, United States Code, is amended + by striking the item relating to section 132a. + (C) Section 910 of the National Defense + Authorization Act for Fiscal Year 2018 (Public Law 115- + 91; 131 Stat. 1516) is repealed. + (3) Effective date.--The amendments and repeals made by + paragraphs (1) and (2) shall take effect 30 days after the date + of the enactment of this Act. + (b) Implementation.--On the effective date of the amendments and +repeals under subsection (a)-- + (1) any duties and responsibilities that remain assigned to + the Chief Management Officer of the Department of Defense shall + be transferred to a single official selected by the Secretary + of Defense, except that such official may not be an individual + who served as the Chief Management Officer before such + effective date; + (2) the personnel, functions, and assets of the Office of + the Chief Management Officer shall be transferred to such other + organizations and elements of the Department as the Secretary + determines appropriate; and + (3) any reference in Federal law, regulations, guidance, + instructions, or other documents of the Federal Government to + the Chief Management Officer of the Department of Defense shall + be deemed to be a reference to the official selected by the + Secretary under paragraph (1)). + (c) Legislative Proposal.--Not later than 180 days after the date +of the enactment of this Act, the Secretary of Defense shall submit to +the congressional defense committees a report that includes a +comprehensive legislative proposal for additional conforming amendments +to law required by the amendments and repeals made by this section. + +SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE POLICY. + + (a) In General.-- + (1) Assistant secretaries of defense.--Section 138 of title + 10, United States Code, is amended-- + (A) in subsection (a)(1), by striking ``13'' and + inserting ``14''; and + (B) in subsection (b), by adding at the end the + following new paragraph: + ``(6) One of the Assistant Secretaries is the Assistant + Secretary of Defense for Industrial Base Policy. In addition to + any duties and powers prescribed under paragraph (1), the + Assistant Secretary of Defense for Industrial Base Policy shall + have the duties described in section 139c of this title.''. + (2) Assistant secretary of defense for industrial base + policy.--Chapter 4 of subtitle A of title 10, United States + Code, is amended by inserting after section 139b the following + new section: +``Sec. 139c. Assistant Secretary of Defense for Industrial Base Policy + ``(a) In General.--The Assistant Secretary of Defense for +Industrial Base Policy shall report to the Under Secretary of Defense +for Acquisition and Sustainment. + ``(b) Responsibilities.--The Assistant Secretary of Defense for +Industrial Base Policy shall be the head of the Office of Defense +Industrial Base Policy and shall serve as the principal advisor to the +Under Secretary of Defense for Acquisition and Sustainment in the +performance of the Under Secretary's duties relating to the following: + ``(1) Providing input to strategy reviews on matters + related to-- + ``(A) the defense industrial base; and + ``(B) materials critical to national security (as + defined in section 187(e)(1) of this title). + ``(2) Establishing policies of the Department of Defense + for developing and maintaining the defense industrial base of + the United States and ensuring a secure supply of materials + critical to national security. + ``(3) Providing recommendations on budget matters + pertaining to the defense industrial base, the supply chain, + and the development and retention of skills necessary to + support the defense industrial base. + ``(4) Providing recommendations and acquisition policy + guidance on defense supply chain management and supply chain + vulnerability throughout the entire defense supply chain, from + suppliers of raw materials to producers of major end items. + ``(5) Establishing the national security objectives + concerning the national technology and industrial base required + under section 2501 of this title. + ``(6) Executing the national defense program for analysis + of the national technology and industrial base required under + section 2503 of this title. + ``(7) Performing the national technology and industrial + base periodic defense capability assessments required under + section 2505 of this title. + ``(8) Establishing the technology and industrial base + policy guidance required under section 2506 of this title. + ``(9) Providing policy and oversight of matters related to + materials critical to national security to ensure a secure + supply of such materials to the Department of Defense. + ``(10) Carrying out the activities of the Department of + Defense relating to the Defense Production Act Committee + established under section 722 of the Defense Production Act of + 1950 (50 U.S.C. App. 2171). + ``(11) Consistent with section 2(b) of the Defense + Production Act of 1950 (50 U.S.C. App. 2062(b)), executing + other applicable authorities provided under the Defense + Production Act of 1950 (50 U.S.C. App. 2061 et seq.), including + authorities under titles I and III of such Act. + ``(12) Establishing Department of Defense policies related + to international defense technology security and export control + issues. + ``(13) Establishing policies related to industrial + independent research and development programs under section + 2372 of this title. + ``(14) Coordinating with the Director of Small Business + Programs on all matters related to industrial base policy of + the Department of Defense. + ``(15) Ensuring reliable sources of materials critical to + national security, such as specialty metals, armor plate, and + rare earth elements. + ``(16) Establishing policies of the Department of Defense + for continued reliable resource availability from secure + sources for the defense industrial base of the United States. + ``(17) Establishing policies related to a procurement + technical assistance program funded under this chapter 142 of + this title. + ``(18) Such other duties as are assigned by the Under + Secretary. + ``(c) Rules of Construction Relating to Defense Production Act.-- +Nothing in this section shall be construed to modify the authorities or +responsibilities of any officer or employee of the United States under +the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including +those authorities and responsibilities specified in Department of +Defense Directive 4400.01E (or any successor directive). In addition, +nothing in subsection (b)(9) shall be construed to limit the authority +or modify the policies of the Committee on Foreign Investment in the +United States established under section 721(k) of such Act (50 U.S.C. +4565(k)).''. + (3) Clerical amendment.--The table of contents for chapter + 4 of subtitle A of title 10, United States Code, is amended by + inserting after the item relating to section 139b the following + new item: + +``139c. Assistant Secretary of Defense for Industrial Base Policy.''. + (b) Continuation of Service.--The Deputy Assistant Secretary of +Defense for Industrial Policy shall be the individual serving as the +Assistant Secretary of Defense for Industrial Base Policy (as +established under section 139c(a) of title 10, United States Code, as +added by subsection (a)) until the President has appointed an +individual to serve as Assistant Secretary of Defense for Industrial +Base Policy pursuant to section 138 of title 10, United States Code. + (c) Transfer of Office of Industrial Policy to Office of Defense +Industrial Base Policy.-- + (1) Transfer of functions.--Not later than 180 days after + the date of the enactment of this Act, all functions that, + immediately before such date of enactment, were functions of + the Office of Industrial Policy of the Department of Defense + shall be transferred to the Office of Defense Industrial Base + Policy. + (2) Transfer of assets.--So much of the personnel, + property, records, and unexpended balances of appropriations, + allocations, and other funds employed, used, held, available, + or to be made available in connection with a function + transferred under paragraph (1) shall be available to the + Office of Defense Industrial Base Policy at such time or times + as the President directs for use in connection with the + functions transferred. + (3) Termination.--The Office of Industrial Policy of the + Department of Defense shall terminate on the earlier of-- + (A) the effective date of the transfers under + paragraph (1); or + (B) 180 days after the date of the enactment of + this Act. + +SEC. 903. ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION WITHIN THE + OFFICE OF THE SECRETARY OF DEFENSE. + + The Assistant Secretary of Defense for International Security +Affairs shall assign responsibility for the Arctic region to the Deputy +Assistant Secretary of Defense for the Western Hemisphere or any other +Deputy Assistant Secretary of Defense the Secretary of Defense +considers appropriate. + + Subtitle B--Other Department of Defense Organization and Management + Matters + +SEC. 911. LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE. + + Section 129a(b) of title 10, United States Code, is amended by +adding at the end the following: ``The Secretary may not reduce the +civilian workforce programmed full-time equivalent levels unless the +Secretary conducts an appropriate analysis of the impacts of such +reductions on workload, military force structure, lethality, readiness, +operational effectiveness, stress on the military force, and fully +burdened costs.''. + +SEC. 912. CHIEF DIVERSITY OFFICERS. + + (a) Department of Defense.-- + (1) In general.--Chapter 4 of title 10, United States Code, + is amended by adding at the end the following new section: +``Sec. 146. Chief Diversity Officer + ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity +Officer of the Department of Defense, appointed from civilian life by +the President, by and with the advice and consent of the Senate. + ``(2) The Chief Diversity Officer shall be appointed from among +persons who have an extensive management or business background and +experience with diversity and inclusion. A person may not be appointed +as Chief Diversity Officer within seven years after relief from active +duty as a commissioned officer of a regular component of an armed +force. + ``(b) Powers and Duties.--The Chief Diversity Officer-- + ``(1) is responsible for policy, oversight, guidance, and + coordination for all matters of the Department of + Defenserelated to diversity and inclusion; + ``(2) exercises authority to direct the Secretaries of the + military departments and the heads of all other elements of the + Department with regard to matters for which the Chief Diversity + Officer has responsibility under this section; + ``(3) exercises authority, direction, and control over the + Office of People Analytics, or any successor organization; + ``(4) shall establish and maintain a Department of Defense + strategic plan that publicly states a diversity definition, + vision, and goals for the Department of Defense; + ``(5) shall define a set of strategic metrics that are + directly linked to key organizational priorities and goals, + actionable, and actively used to implement the strategic plan; + ``(6) shall establish training in diversity dynamics and + training in practices for leading diverse groups effectively; + ``(7) shall establish and maintain a strategic plan for + diverse participation by institutions of higher education + (including historically black colleges and universities and + minority-serving institutions), federally funded research and + development centers, and individuals in defense-related + research, development, testing, and evaluation activities; + ``(8) shall establish and maintain a strategic plan for + outreach to, and recruiting from, untapped locations and + underrepresented demographic groups; + ``(9) shall conduct regular, rigorous evaluations and + assessments of diversity within the Department of Defense; and + ``(10) shall perform such additional duties and exercise + such powers as the Secretary of Defense may prescribe. + ``(c) Precedence in the Department of Defense.--(1) The Chief +Diversity Officer shall report directly to the Secretary of Defense in +the performance of duties under this section. + ``(2) The Chief Diversity Officer takes precedence in the +Department of Defense after the Chief Management Officer.''. + (2) Technical and conforming amendments.-- + (A) The table of sections at the beginning of such + chapter is amended by adding at the end the following + new item: + +``146. Chief Diversity Officer.''. + (B) Section 136(b) of such title is amended by + inserting ``the Chief Diversity Officer and'' after + ``control of the Secretary of Defense,''. + (b) Department of the Army.-- + (1) In general.--Chapter 703 of title 10, United States + Code, is amended by adding at the end the following new + section: +``Sec. 7025. Chief Diversity Officer + ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity +Officer of the Department of the Army, appointed from civilian life by +the President, by and with the advice and consent of the Senate. + ``(2) The Chief Diversity Officer shall be appointed from among +persons who have an extensive management or business background and +experience with diversity and inclusion. + ``(b) Powers and Duties.--The Chief Diversity Officer-- + ``(1) is responsible for policy, oversight, guidance, and + coordination for all matters of the Department of the Army + related to diversity and inclusion; + ``(2) exercises authority to direct the heads of all other + elements of the Department with regard to matters for which the + Chief Diversity Officer has responsibility under this section; + ``(3) shall establish training in diversity dynamics and + training in practices for leading diverse groups effectively; + ``(4) shall conduct regular, rigorous evaluations and + assessments of diversity within the Department of the Army; and + ``(5) shall perform such additional duties and exercise + such powers as the Secretary of the Army may prescribe.''. + (2) Technical and conforming amendments.-- + (A) The table of sections at the beginning of such + chapter is amended by adding at the end the following + new item: + +``7025. Chief Diversity Officer.''. + (B) Section 7014(b) of such title is amended by-- + (i) by redesignating paragraphs (2) through + (8) as paragraphs (3) through (9), + respectively; and + (ii) by inserting after paragraph (1), the + following new paragraph (2): + ``(2) The Chief Diversity Officer.''. + (C) Section 7014(c)(1) of such title is amended by + adding at the end the following new subparagraph (H): + ``(H) Diversity and inclusion.''. + (c) Department of the Navy.-- + (1) In general.--Chapter 803 of title 10, United States + Code, is amended by adding at the end the following new + section: +``Sec. 8029. Chief Diversity Officer + ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity +Officer of the Department of the Navy, appointed from civilian life by +the President, by and with the advice and consent of the Senate. + ``(2) The Chief Diversity Officer shall be appointed from among +persons who have an extensive management or business background and +experience with diversity and inclusion. + ``(b) Powers and Duties.--The Chief Diversity Officer-- + ``(1) is responsible for policy, oversight, guidance, and + coordination for all matters of the Department of the Navy + related to diversity and inclusion; + ``(2) exercises authority to direct the heads of all other + elements of the Department with regard to matters for which the + Chief Diversity Officer has responsibility under this section; + ``(3) shall establish training in diversity dynamics and + training in practices for leading diverse groups effectively; + ``(4) shall conduct regular, rigorous evaluations and + assessments of diversity within the Department of the Navy; and + ``(5) shall perform such additional duties and exercise + such powers as the Secretary of the Navy may prescribe.''. + (2) Technical and conforming amendments.-- + (A) The table of sections at the beginning of + chapter 803 of title 10, United States Code, is amended + by adding at the end the following new item: + +``8029. Chief Diversity Officer.''. + (B) Section 8014(b) of such title is amended by-- + (i) by redesignating paragraphs (2) through + (8) as paragraphs (3) through (9), + respectively; and + (ii) by inserting after paragraph (1), the + following new paragraph (2): + ``(2) The Chief Diversity Officer.''. + (C) Section 8014(c)(1) of such title is amended by + adding at the end the following new subparagraph (H): + ``(H) Diversity and inclusion.''. + (d) Department of the Air Force.-- + (1) In general.--Chapter 903 of title 10, United States + Code, is amended by adding at the end the following new + section: +``Sec. 9025. Chief Diversity Officer + ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity +Officer of the Department of the Air Force, appointed from civilian +life by the President, by and with the advice and consent of the +Senate. + ``(2) The Chief Diversity Officer shall be appointed from among +persons who have an extensive management or business background and +experience with diversity and inclusion. + ``(b) Powers and Duties.--The Chief Diversity Officer-- + ``(1) is responsible for policy, oversight, guidance, and + coordination for all matters of the Department of the Air Force + related to diversity and inclusion; + ``(2) exercises authority to direct the heads of all other + elements of the Department with regard to matters for which the + Chief Diversity Officer has responsibility under this section; + ``(3) shall establish training in diversity dynamics and + training in practices for leading diverse groups effectively; + ``(4) shall conduct regular, rigorous evaluations and + assessments of diversity within the Department of the Air + Force; and + ``(5) shall perform such additional duties and exercise + such powers as the Secretary of the Air Force may prescribe.''. + (2) Technical and conforming amendments.-- + (A) The table of sections at the beginning of such + chapter is amended by adding at the end the following + new item: + +``9025. Chief Diversity Officer.''. + (B) Section 9014(b) of such title is amended by-- + (i) by redesignating paragraphs (2) through + (8) as paragraphs (3) through (9), + respectively; and + (ii) by inserting after paragraph (1), the + following new paragraph (2): + ``(2) The Chief Diversity Officer.''. + (C) Section 9014(c)(1) of such title is amended by + adding at the end the following new subparagraph (H): + ``(H) Diversity and inclusion.''. + (e) Coast Guard.-- + (1) In general.--Chapter 3 of title 14, United States Code, + is amended by adding at the end the following new section: +``Sec. 321. Chief Diversity Officer + ``(a) Establishment.--(1) There is a Chief Diversity Officer of the +Coast Guard, appointed from civilian life by the President, by and with +the advice and consent of the Senate. + ``(2) The Chief Diversity Officer shall be appointed from among +persons who have an extensive management or business background and +experience with diversity and inclusion. + ``(b) Powers and Duties.--The Chief Diversity Officer-- + ``(1) is responsible for policy, oversight, guidance, and + coordination for all matters of the Coast Guard related to + diversity and inclusion; + ``(2) exercises authority to direct the heads of all other + elements of the Coast Guard with regard to matters for which + the Chief Diversity Officer has responsibility under this + section; + ``(3) shall establish training in diversity dynamics and + training in practices for leading diverse groups effectively; + ``(4) shall conduct regular, rigorous evaluations and + assessments of diversity within the Coast Guard; and + ``(5) shall perform such additional duties and exercise + such powers as the Commandant may prescribe. + ``(c) Precedence.--The Chief Diversity Officer shall report +directly to the Commandant in the performance of duties under this +section.''. + (2) Technical and conforming amendments.--The table of + sections at the beginning of such chapter is amended by adding + at the end the following new item: + +``321. Chief Diversity Officer.''. + (f) Effective Date.--The amendments made by this section shall take +effect on February 1, 2021. + +SEC. 913. ESTABLISHMENT OF DEPUTY ASSISTANT SECRETARIES FOR + SUSTAINMENT. + + (a) Department of the Army.-- + (1) In general.--Chapter 703 of title 10, United States + Code, as amended by section 912(b) of this Act, is further + amended by adding at the end the following new section: +``Sec. 7026. Deputy Assistant Secretary of the Army for Sustainment + ``(a) Appointment.--There is a Deputy Assistant Secretary of the +Army for Sustainment, who shall be appointed by the Secretary of the +Army. + ``(b) Responsibilities.--The Deputy Assistant Secretary of the Army +for Sustainment shall have the following responsibilities with respect +to major weapon systems acquired for the Department of the Army: + ``(1) Reviewing and providing oversight of the sustainment + baseline cost estimates required by section 2366d of this + title. + ``(2) Participating in any review of a life-cycle + sustainment plan conducted pursuant to section 2366d of this + title. + ``(3) Ensuring that cost modeling, performance metrics, and + data analytics are used-- + ``(A) to inform and update life-cycle sustainment + plans; + ``(B) to develop, with respect to the major weapon + system to which such plan relates, the budget of the + President for the fiscal year as submitted to Congress + pursuant to section 1105 of title 31; and + ``(C) to inform the Secretary of the Army when + assumptions made in the development of a sustainment + baseline cost estimate are no longer valid or when new + opportunities arise to reduce costs or improve + efficiency. + ``(4) Making recommendations to the senior acquisition + executive of the Army regarding the most cost-effective + sustainment strategy to incorporate into each life-cycle + sustainment plan. + ``(5) Balancing the range of sustainment activities for + each major weapon system to achieve the optimal balance of + affordability, viable military depots and shipyards, and + contracted product support arrangements. + ``(6) Advise the Secretary of the Army regarding the + overall alignment of the sustainment activities, the operations + of the sustainment supply chain, and strategic readiness. + ``(c) Definitions.--The terms `life-cycle sustainment plan', `major +weapon system' , and `sustainment baseline cost estimate' have the +meanings given in section 2366d of this title.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 703 of title 10, United States Code, is + amended by adding at the end the following new item: + +``7026. Deputy Assistant Secretary of the Army for Sustainment.''. + (b) Department of the Navy.-- + (1) In general.--Chapter 803 of title 10, United States + Code, as amended by section 912(c) of this Act, is further + amended by adding at the end the following new section: +``Sec. 8029a. Deputy Assistant Secretary of the Navy for Sustainment + ``(a) Appointment.--There is a Deputy Assistant Secretary of the +Navy for Sustainment, who shall be appointed by the Secretary of the +Navy. + ``(b) Responsibilities.--The Deputy Assistant Secretary of the Navy +for Sustainment shall have the following responsibilities with respect +to major weapon systems acquired for the Department of the Navy: + ``(1) Reviewing and providing oversight of the sustainment + baseline cost estimates required by section 2366d of this + title. + ``(2) Participating in any review of a life-cycle + sustainment plan conducted pursuant to section 2366d of this + title. + ``(3) Ensuring that cost modeling, performance metrics, and + data analytics are used-- + ``(A) to inform and update life-cycle sustainment + plans; + ``(B) to develop, with respect to the major weapon + system to which such plan relates, the budget of the + President for the fiscal year as submitted to Congress + pursuant to section 1105 of title 31; and + ``(C) to inform the Secretary of the Navy when + assumptions made in the development of a sustainment + baseline cost estimate are no longer valid or when new + opportunities arise to reduce costs or improve + efficiency. + ``(4) Making recommendations to the senior acquisition + executive of the Navy regarding the most cost-effective + sustainment strategy to incorporate into each life-cycle + sustainment plan. + ``(5) Balancing the range of sustainment activities for + each major weapon system to achieve the optimal balance of + affordability, viable military depots and shipyards, and + contracted product support arrangements. + ``(6) Advise the Secretary of the Navy regarding the + overall alignment of the sustainment activities, the operations + of the sustainment supply chain, and strategic readiness. + ``(c) Definitions.--The terms `life-cycle sustainment plan', `major +weapon system' , and `sustainment baseline cost estimate' have the +meanings given in section 2366d of this title.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 803 of title 10, United States Code, is + amended by adding at the end the following new item: + +``8029a. Deputy Assistant Secretary of the Navy for Sustainment.''. + (c) Department of the Air Force.-- + (1) In general.--Chapter 903 of title 10, United States + Code, as amended by section 912(d) of this Act, is further + amended by adding at the end the following new section: +``Sec. 9026. Deputy Assistant Secretary of the Air Force for + Sustainment + ``(a) Appointment.--There is a Deputy Assistant Secretary of the +Air Force for Sustainment, who shall be appointed by the Secretary of +the Air Force. + ``(b) Responsibilities.--The Deputy Assistant Secretary of the Air +Force for Sustainment shall have the following responsibilities with +respect to major weapon systems acquired for the Department of the Air +Force: + ``(1) Reviewing and providing oversight of the sustainment + baseline cost estimates required by section 2366d of this + title. + ``(2) Participating in any review of a life-cycle + sustainment plan conducted pursuant to section 2366d of this + title. + ``(3) Ensuring that cost modeling, performance metrics, and + data analytics are used-- + ``(A) to inform and update life-cycle sustainment + plans; + ``(B) to develop, with respect to the major weapon + system to which such plan relates, the budget of the + President for the fiscal year as submitted to Congress + pursuant to section 1105 of title 31; and + ``(C) to inform the Secretary of the Air Force when + assumptions made in the development of a sustainment + baseline cost estimate are no longer valid or when new + opportunities arise to reduce costs or improve + efficiency. + ``(4) Making recommendations to the senior acquisition + executive of the Air Force regarding the most cost-effective + sustainment strategy to incorporate into each life-cycle + sustainment plan. + ``(5) Balancing the range of sustainment activities for + each major weapon system to achieve the optimal balance of + affordability, viable military depots and shipyards, and + contracted product support arrangements. + ``(6) Advise the Secretary of the Air Force regarding the + overall alignment of the sustainment activities, the operations + of the sustainment supply chain, and strategic readiness. + ``(c) Definitions.--The terms `life-cycle sustainment plan', `major +weapon system', and `sustainment baseline cost estimate' have the +meanings given in section 2366d of this title.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 903 of title 10, United States Code, is + amended by adding at the end the following new item: + +``9026. Deputy Assistant Secretary of the Air Force for Sustainment.''. + +SEC. 914. OFFICE OF DEFENSE COMMUNITY COOPERATION AND ECONOMIC + ADJUSTMENT. + + (a) Establishment.-- + (1) In general.--Chapter 141 of title 10, United States + Code, is amended by inserting after section 2391 the following + new section: +``Sec. 2391a. Office of Defense Community Cooperation and Economic + Adjustment + ``(a) Establishment.--There is in the Office of the Secretary of +Defense an Office of Defense Community Cooperation and Economic +Adjustment (in this section referred to as the `Office'). + ``(b) Head of Office.--There is a Director of the Office who shall +be the head of the Office. The Director shall be appointed by the +Secretary of Defense. + ``(c) Duties.--The Office shall-- + ``(1) serve as the office in the Department of Defense with + primary responsibility for-- + ``(A) providing assistance to States, counties, + municipalities, regions, and other communities to + foster cooperation with military installations to + enhance the military mission, achieve facility and + infrastructure savings and reduced operating costs, + address encroachment and compatible land use issues, + support military families, and increase military, + civilian, and industrial readiness and resiliency; and + ``(B) providing adjustment and diversification + assistance to State and local governments under section + 2391(b) to achieve the objectives described in + subparagraph (A); + ``(2) coordinate the provision of such assistance with + other organizations and elements of the Department; + ``(3) provide support to the Economic Adjustment Committee + established under Executive Order No. 12788 (57 Fed. Reg. 2213; + 10 U.S.C. 2391 note) or any successor to such Committee; and + ``(4) carry out such other activities as the Secretary of + Defense determines appropriate.''. + (2) Clerical amendment.--The table of sections at the + beginning of such chapter is amended by inserting after the + item relating to section 2391 the following new item: + +``2391a. Office of Defense Community Cooperation and Economic + Adjustment.''. + (b) Transfers.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall transfer the +functions, personnel, and assets of the Office of Economic Adjustment +of the Department of Defense to the Office of Defense Community +Cooperation and Economic Adjustment established under section 2391a of +title 10, United States Code (as added by subsection (a)). + (c) Administration of Certain Programs.--Beginning on the effective +date of the transfers under subsection (b), any program, project, or +other activity administered by the Office of Economic Adjustment of the +Department of Defense as of the date of the enactment of this Act shall +be administered by the Office of Defense Community Cooperation and +Economic Adjustment established under section 2391a of title 10, United +States Code (as added by subsection (a)). + +SEC. 915. INPUT FROM CHIEF OF NATIONAL GUARD BUREAU TO THE JOINT + REQUIREMENTS OVERSIGHT COUNCIL. + + Section 181(d) of title 10, United States Code, is amended by +adding at the end the following new paragraph: + ``(4) Input from chief of national guard bureau.--The + Council shall seek, and strongly consider, the views of the + Chief of National Guard Bureau regarding non-Federalized + National Guard capabilities in support of homeland defense and + civil support missions.''. + +SEC. 916. REDESIGNATION OF THE JOINT FORCES STAFF COLLEGE. + + (a) In General.--Title 10, United States Code, is amended by +striking ``Joint Forces Staff College'' each place it appears and +inserting ``Joint Forces War College''. + (b) References.--Any reference in Federal law, regulations, +guidance, instructions, or other documents of the Federal Government to +the Joint Forces Staff College shall be deemed to be a reference to the +Joint Forces War College. + +SEC. 917. REPORTING ON POST-JAIC ASSIGNMENT. + + Subsection (b) of section 260 of the National Defense Authorization +Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at +the end the following paragraph: + ``(11) For each uniformed service member who concluded an + assignment supporting the Center in the previous 6 months, a + position description of the billet that the service member + transitioned into.''. + +SEC. 918. COMPTROLLER GENERAL REPORT ON VULNERABILITIES OF THE + DEPARTMENT OF DEFENSE RESULTING FROM OFFSHORE TECHNICAL + SUPPORT CALL CENTERS. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committees on Armed Services of the Senate and the +House of Representatives a report on vulnerabilities in connection with +the provision of services by offshore technical support call centers to +the Department of Defense. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A description and assessment of the location of all + offshore technical support call centers. + (2) A description and assessment of the types of + information shared by the Department with foreign nationals at + offshore technical support call centers. + (3) An assessment of the extent to which access to such + information by foreign nationals creates vulnerabilities to the + information technology network of the Department. + (c) Offshore Technical Support Call Center Defined.--In this +section, the term ``offshore technical support call center'' means a +call center that-- + (1) is physically located outside the United States; + (2) employs individuals who are foreign nationals; and + (3) may be contacted by personnel of the Department to + provide technical support relating to technology used by the + Department. + +SEC. 919. LIMITATION ON CONSOLIDATION OR TRANSITION TO ALTERNATIVE + CONTENT DELIVERY METHODS WITHIN THE DEFENSE MEDIA + ACTIVITY. + + (a) In General.--No consolidation or transition to alternative +content delivery methods may occur within the Defense Media Activity +until a period of 180 days has elapsed following the date on which the +Secretary of Defense submits to the congressional defense committees a +report that includes a certification, in detail, that such +consolidation or transition to alternative content delivery methods +will not-- + (1) compromise the safety and security of members of the + Armed Forces and their families; + (2) compromise the cybersecurity or security of content + delivery to members of the Armed Forces, whether through-- + (A) inherent vulnerabilities in the content + delivery method concerned; + (B) vulnerabilities in the personal devices used by + members; or + (C) vulnerabilities in the receivers or streaming + devices necessary to accommodate the alternative + content delivery method; + (3) increase monetary costs or personal financial + liabilities to members of the Armed Forces or their families, + whether through monthly subscription fees or other tolls + required to access digital content; and + (4) impede access to content due to bandwidth or other + technical limitations where members of the Armed Forces receive + content. + (b) Definitions.--In this section: + (1) The term ``alternative content delivery'' means any + method of the Defense Media Activity for the delivery of + digital content that is different from a method used by the + Activity as of the date of the enactment of this Act. + (2) The term ``consolidation'', when used with respect to + the Defense Media Activity, means any action to reduce or limit + the functions, personnel, facilities, or capabilities of the + Activity, including entering into contracts or developing plans + for such reduction or limitation. + + Subtitle C--Space Matters + +SEC. 921. ASSISTANT SECRETARY OF DEFENSE FOR SPACE AND STRATEGIC + DETERRENCE POLICY. + + (a) Assistant Secretaries of Defense.--Paragraph (5) of section +138(b) of title 10, United States Code, is amended to read as follows: + ``(5) One of the Assistant Secretaries is the Assistant Secretary +of Defense for Space and Strategic Deterrence Policy. The principal +duty of the Assistant Secretary shall be the overall supervision of +policy of the Department of Defense for space, nuclear deterrence, and +missile defense.''. + (b) Space Force Acquisition Council.--Section 9021(b)(3) of title +10, United States Code, is amended by striking ``Assistant Secretary of +Defense for Space Policy'' and inserting ``Assistant Secretary of +Defense for Space and Strategic Deterrence Policy''. + (c) Elements of Office.--Section 955(b) of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1565) is amended by striking ``Assistant Secretary of Defense for Space +Policy'' and inserting ``Assistant Secretary of Defense for Space and +Strategic Deterrence Policy''. + +SEC. 922. OFFICE OF THE CHIEF OF SPACE OPERATIONS. + + (a) In General.--Chapter 908 of title 10, United States Code, is +amended by striking section 9083 and inserting the following new +sections: +``Sec. 9083. Office of the Chief of Space Operations: function; + composition + ``(a) Function.--There is in the executive part of the Department +of the Air Force an Office of the Chief of Space Operations to assist +the Secretary of the Air Force in carrying out the responsibilities of +the Secretary. + ``(b) Composition.--The Office of the Chief of Space Operations is +composed of the following: + ``(1) The Chief of Space Operations. + ``(2) Other members of the Space Force and Air Force + assigned or detailed to the Office of the Chief of Space + Operations. + ``(3) Civilian employees in the Department of the Air Force + assigned or detailed to the Office of the Chief of Space + Operations. + ``(c) Organization.--Except as otherwise specifically prescribed by +law, the Office of the Chief of Space Operations shall be organized in +such manner, and the members of the Office of the Chief of Space +Operations shall perform such duties and have such titles, as the +Secretary of the Air Force may prescribe. +``Sec. 9084. Office of the Chief of Space Operations: general duties + ``(a) Professional Assistance.--The Office of the Chief of Space +Operations shall furnish professional assistance to the Secretary, the +Under Secretary, and the Assistant Secretaries of the Air Force and to +the Chief of Space Operations. + ``(b) Authorities.--Under the authority, direction, and control of +the Secretary of the Air Force, the Office of the Chief of Space +Operations shall-- + ``(1) subject to subsections (c) and (d) of section 9014 of + this title, prepare for such employment of the Space Force, and + for such recruiting, organizing, supplying, equipping + (including research and development), training, servicing, + mobilizing, demobilizing, administering, and maintaining of the + Space Force, as will assist in the execution of any power, + duty, or function of the Secretary of the Air Force or the + Chief of Space Operations; + ``(2) investigate and report upon the efficiency of the + Space Force and its preparation to support military operations + by commanders of the combatant commands; + ``(3) prepare detailed instructions for the execution of + approved plans and supervise the execution of those plans and + instructions; + ``(4) as directed by the Secretary of the Air Force or the + Chief of Space Operations, coordinate the action of + organizations of the Space Force; and + ``(5) perform such other duties, not otherwise assigned by + law, as may be prescribed by the Secretary of the Air Force.''. + (b) Table of Sections Amendment.--The table of sections at the +beginning of chapter 908 of such title is amended by striking the item +related to section 9083 and adding at the end the following new items: + +``9083. Office of the Chief of Space Operations: function; composition +``9084. Office of the Chief of Space Operations: general duties''. + (c) Effective Date.--The amendments made by this section shall take +effect on the date on which the Secretary of the Air Force and the +Chief of Space Operations jointly submit to the congressional defense +committees a report detailing the functions that the headquarters staff +of the Department of the Air Force will continue to perform in support +of the Space Force. + (d) No Authorization of Additional Military Billets.--The Secretary +shall establish the Office of the Chief of Space Operations under +section 9083 of title 10, United States Code, as added by subsection +(a), using military personnel otherwise authorized. Nothing in this +section or the amendments made by this section shall be construed to +authorize additional military billets for the purposes of, or in +connection with, the establishment of the Office of the Chief of Space +Operations. + +SEC. 923. SPACE FORCE MEDAL. + + (a) Space Force Medal.--Chapter 937 of title 10, United States +Code, is amended by inserting after section 9280 the following new +section: +``Sec. 9280a. Space Force Medal: award; limitations + ``(a) The President may award a decoration called the `Space Force +Medal', of appropriate design with accompanying ribbon, to any person +who, while serving in any capacity with the Space Force, distinguishes +himself or herself by heroism not involving actual conflict with an +enemy. + ``(b) Not more than one Space Force Medal may be awarded to a +person. However, for each succeeding act that would otherwise justify +award of such a medal, the President may award a suitable bar or other +device to be worn as the President directs.''. + (b) Table of Sections Amendment.--The table of sections at the +beginning of such chapter is amended by inserting after the item +relating to section 9280 the following new item: + +``9280a. Space Force Medal: award; limitations.''. + +SEC. 924. CLARIFICATION OF PROCUREMENT OF COMMERCIAL SATELLITE + COMMUNICATIONS SERVICES. + + (a) In General.--Chapter 963 of title 10, United States Code, is +amended by inserting before section 9532 the following new section: +``Sec. 9531. Procurement of commercial satellite communications + services + ``The Chief of Space Operations shall be responsible for the +procurement of commercial satellite communications services for the +Department of Defense.''. + (b) Table of Sections Amendment.--The table of sections at the +beginning of chapter 963 of such title is amended by inserting before +the item relating to section 9532 the following new item: + +``9531. Procurement of commercial satellite communications services.''. + +SEC. 925. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE OF MEMBERS + IN PAY GRADES E-8 AND E-9. + + Section 517 of title 10, United States Code, shall not apply to the +Space Force until October 1, 2023. + +SEC. 926. ONE-TIME UNIFORM ALLOWANCE FOR MEMBERS TRANSFERRED TO THE + SPACE FORCE. + + (a) In General.--The Secretary of the Air Force may provide an +officer or enlisted member who transfers from the Army, Navy, Air +Force, or Marine Corps to the Space Force an allowance of not more than +$400 as reimbursement for the purchase of required uniforms and +equipment. + (b) Relationship to Other Allowances.--The allowance under this +section is in addition to any allowance available under any other +provision of law. + (c) Source of Funds.--Funds for allowances provided under +subsection (a) in a fiscal year may be derived only from amounts +authorized to be appropriated for military personnel for such fiscal +year. + (d) Applicability.--The authority for an allowance under this +section shall apply with respect to any member of the Army, Navy, Air +Force, or Marine Corps who transfers to the Space Force on or after +December 20, 2019, and on or before September 30, 2023. + +SEC. 927. RANK AND GRADE STRUCTURE OF THE UNITED STATES SPACE FORCE. + + The Space Force shall use a system of ranks and grades that is +identical to the system of ranks and grades used by the Navy. + +SEC. 928. REPORT ON THE ROLE OF THE NAVAL POSTGRADUATE SCHOOL IN SPACE + EDUCATION. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the Navy shall submit to the +congressional defense committees a report on the future role of the +Naval Postgraduate School in space education. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) An overview of the Naval Postgraduate School's existing + space-focused education and research capabilities, programs, + products, and outputs. + (2) An identification and evaluation of additional space- + focused educational requirements that may be fulfilled by the + Naval Postgraduate school, including any requirements resulting + from the establishment of the Space Force or otherwise + necessitated by the evolving space-related needs of the + Department of Defense. + (3) A plan for meeting the requirements identified under + paragraph (2), including a description of the types and amounts + of additional resources that may be needed for the Naval + Postgraduate School to meet such requirements over the period + of 5 fiscal years following the date of the report. + + TITLE X--GENERAL PROVISIONS + + Subtitle A--Financial Matters + +SEC. 1001. GENERAL TRANSFER AUTHORITY. + + (a) Authority To Transfer Authorizations.-- + (1) Authority.--Upon determination by the Secretary of + Defense that such action is necessary in the national interest, + the Secretary may transfer amounts of authorizations made + available to the Department of Defense in this division for + fiscal year 2021 between any such authorizations for that + fiscal year (or any subdivisions thereof). Amounts of + authorizations so transferred shall be merged with and be + available for the same purposes as the authorization to which + transferred. + (2) Limitation.--Except as provided in paragraph (3), the + total amount of authorizations that the Secretary may transfer + under the authority of this section may not exceed + $4,000,000,000. + (3) Exception for transfers between military personnel + authorizations.--A transfer of funds between military personnel + authorizations under title IV shall not be counted toward the + dollar limitation in paragraph (2). + (b) Limitations.--The authority provided by subsection (a) to +transfer authorizations-- + (1) may only be used to provide authority for items that + have a higher priority than the items from which authority is + transferred; and + (2) may not be used to provide authority for an item that + has been denied authorization by Congress. + (c) Effect on Authorization Amounts.--A transfer made from one +account to another under the authority of this section shall be deemed +to increase the amount authorized for the account to which the amount +is transferred by an amount equal to the amount transferred. + (d) Notice to Congress.--The Secretary shall promptly notify +Congress of each transfer made under subsection (a). + (e) Certification Requirement.--The authority to transfer any +authorization under this section may not be used until the Secretary of +Defense and the head of each entity affected by such transfer submits +to the congressional defense committees certification in writing that-- + (1) the amount transferred will be used for higher priority + items, based on unforeseen military requirements, than the + items from which authority is transferred; and + (2) the amount transferred will not be used for any item + for which funds have been denied authorization by Congress. + +SEC. 1002. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + +SEC. 1003. PANDEMIC PREPAREDNESS AND RESILIENCE NATIONAL SECURITY FUND. + + (a) Fund Purposes.--Amounts authorized to be appropriated for +Research and Development, Defense-Wide, Pandemic Preparedness and +Resilience National Security Fund shall be available for obligation and +expenditure only for the purposes of pandemic preparedness. Such +amounts may not be used for a purpose or program unless the purpose or +program is authorized by law. + (b) Transfers.-- + (1) In general.--Amounts referred to in subsection (a) may + be transferred as follows: + (A) To Procurement, Defense-wide and Research, + Development, Test, and Evaluation, Defense-wide, not + more than an aggregate of $200,000,000 to carry out the + Small Business Industrial Base Resilience Program + established by section 844 of this Act. + (B) To Research, Development, Test, and Evaluation, + Defense-wide, line 9, Biomedical Technology, not more + than $50,000,000 for research that aims to rapidly + produce medical countermeasures against novel threats, + at population scale and approved for use in people. + (C) To the following, not more than an aggregate of + $750,000,000 to support research and development + efforts directly related to biopreparedness and + pandemic preparedness and resilience: + (i) Research, Development, Test, and + Evaluation, Army. + (ii) Research, Development, Test, and + Evaluation, Navy. + (iii) Research, Development, Test, and + Evaluation, Air Force. + (iv) Research, Development, Test, and + Evaluation, Defense-wide. + (v) Defense Health Program. + (D) To Research, development, test, and evaluation, + Defense-wide, Line 16, Chemical and Biological Defense + Program, not more than $27,000,000 for research and + development to detect and model treatments for nuclear, + chemical, and biological exposure. + (E) To research, development, test, and evaluation, + Defense-wide, line 44, Chemical and Biological Defense + Program - Advanced Development, not more than + $30,000,000 for the development of decontamination + technologies for civilian pandemic preparedness. + (F) To research, development, test, and evaluation, + Defense-wide, line 49, Manufacturing Science and + Technology Program, not more than $35,000,000 for + support for the development of advanced manufacturing + techniques and technologies that enable the United + States defense industrial base to rapidly produce + needed materials for novel biological threats. + (2) Limitation.--Amounts referred to in subsection (a) may + not be transferred for-- + (A) Drug Interdiction and Counter-Drug Activities; + or + (B) military construction (as defined in section + 2801(a) of title 10, United States Code), including the + purposes described in section 2802(b) of such title, or + military family housing, including the purposes + described in section 2821(a) of such title. + (3) Notice requirement.--Not later than 30 days before + transferring any amount described in subsection (a), the + Secretary of Defense shall submit to the congressional defense + committees notice of the transfer. + (4) Exception from general transfer authority.--A transfer + under this subsection shall not be counted toward the dollar + amount limitation under section 1001. + +SEC. 1004. BUDGET MATERIALS FOR SPECIAL OPERATIONS FORCES. + + Section 226 of title 10, United States Code, is amended-- + (1) in subsection (a)-- + (A) by inserting ``of Defense and the Secretary of + each of the military departments'' after ``Secretary''; + (B) by striking ``2021'' and inserting ``2022''; + (C) by striking ``a consolidated budget + justification display'' and inserting ``a budget + justification display for each applicable + appropriation''; + (D) in the second sentence, by striking ``display'' + and all that follows and inserting ``displays shall + include each of the following:'' and + (E) by adding at the end the following new + paragraphs: + ``(1) Details at the appropriation and line item level, + including any amount for service-common support, acquisition + support, training, operations, pay and allowances, base + operations sustainment, and any other common services and + support. + ``(2) An identification of any change in the level or type + of service-common support and enabling capabilities provided by + each of the military services or Defense Agencies to special + operations forces for the fiscal year covered by the budget + justification display when compared to the preceding fiscal + year, including the rationale for any such change and any + mitigating actions. + ``(3) An assessment of the specific effects that the budget + justification display for the fiscal year covered by the + display and any anticipated future manpower and force structure + changes are likely to have on the ability of each of the + military services to provide service-common support and + enabling capabilities to special operations forces. + ``(4) Any other matters the Secretary of Defense or the + Secretary of a military department determines are relevant.''; + (2) by redesignating subsection (b) as subsection (c); and + (3) by inserting after subsection (a) the following new + subsection (b): + ``(b) Consolidated Budget Justification Display.--The Secretary of +Defense shall include, in the budget materials submitted to Congress +under section 1105 of title 31, for fiscal year 2022 and any subsequent +fiscal year, a consolidated budget justification display containing the +same information as is required in the budget justification displays +required under subsection (a). Such consolidated budget justification +display may be provided as a summary by appropriation for each military +department and a summary by appropriation for all Defense Agencies.''. + +SEC. 1005. DEPARTMENT OF DEFENSE AUDIT REMEDIATION PLAN. + + Section 240g(a) of title 10, United States Code, is amended-- + (1) in paragraph (2), by striking ``and'' at the end; + (2) in paragraph (3), by striking the period and inserting + ``; and''; and + (3) by adding at the end the following new paragraphs: + ``(4) the amount spent by the Department on operating and + maintaining financial management systems during the preceding + five fiscal years; and + ``(5) the amount spent by the Department on acquiring or + developing new financial management systems during such five + fiscal years.''. + +SEC. 1006. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE LEGISLATIVE + PROPOSALS. + + Not later than 7 days after the transmission to the Committee on +Armed Services of the Senate or the Committee on Armed Services of the +House of Representatives of any Department of Defense legislative +proposal, the Secretary of Defense shall make publicly available on a +website of the Department such legislative proposal, including any bill +text and section-by-section analyses associated with the proposal. + + Subtitle B--Counterdrug Activities + +SEC. 1011. SUPPORT FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO COUNTER + TRANSNATIONAL ORGANIZED CRIME AFFECTING FLOW OF DRUGS + INTO THE UNITED STATES. + + Section 284(c) of title 10, United States Code, is amended-- + (1) by striking paragraph (2), and inserting the following + new paragraph (2): + ``(2) Secretary of state concurrence.--The Secretary may + only provide support for a purpose described in this subsection + with the concurrence of the Secretary of State.''; and + (2) by adding at the end the following new paragraph: + ``(3) Priority.--In providing support for a purpose + described in this subsection, the Secretary shall give priority + to support requested for the purpose of affecting the flow of + drugs into the United States.''. + +SEC. 1012. CONGRESSIONAL NOTIFICATION WITH RESPECT TO DEPARTMENT OF + DEFENSE SUPPORT PROVIDED TO OTHER UNITED STATES AGENCIES + FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO COUNTER + TRANSNATIONAL ORGANIZED CRIME. + + Section 284(h) of title 10, United States Code, is amended-- + (1) in paragraph (1)-- + (A) by redesignating subparagraphs (A) and (B) as + subparagraphs (B) and (C), respectively; and + (B) by inserting before subparagraph (B), as so + redesignated, the following new subparagraph (A): + ``(A) In case of support for a purpose described in + subsection (b)-- + ``(i) an identification of the recipient of + the support; + ``(ii) a description of the support + provided; + ``(iii) a description of the sources and + amounts of funds used to provide such support; + and + ``(iv) a description of the amount of funds + obligated to provide such support.''; and + (2) by adding at the end the following new paragraph: + ``(3) Appropriate committees of congress.--For purposes of + any notice submitted under this subsection with respect to + support described in paragraph (1)(A), the appropriate + committees of Congress are-- + ``(A) the Committees on Armed Services of the + Senate and House of Representatives; and + ``(B) any committee with jurisdiction over the + department or agency that receives the support covered + by the notice.''. + + Subtitle C--Naval Vessels + +SEC. 1021. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS WITHOUT NAVAL + VESSELS PLAN AND CERTIFICATION. + + Section 231(e) of title 10, United States Code, is amended-- + (1) in paragraph (1)-- + (A) by striking ``Secretary of the Navy'' and + inserting ``Secretary of Defense''; and + (B) by striking ``50 percent'' and inserting ``25 + percent''; and + (2) in paragraph (2)-- + (A) by striking ``Secretary of the Navy'' and + inserting ``Secretary of Defense''; and + (B) by striking ``operation and maintenance, Navy'' + and inserting ``operation and maintenance, Defense- + wide''. + +SEC. 1022. LIMITATIONS ON USE OF FUNDS IN THE NATIONAL DEFENSE SEALIFT + FUND FOR PURCHASE OF FOREIGN CONSTRUCTED VESSELS. + + Section 2218(f)(3) of title 10, United States Code, is amended-- + (1) in subparagraph (C), by striking ``seven'' and + inserting ``nine''; and + (2) in subparagraph (E), by striking ``two'' and inserting + ``four''. + +SEC. 1023. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR INCREMENTALLY + FUNDED CONTRACTS TO PROVIDE FULL FUNDING FOR COLUMBIA + CLASS SUBMARINES. + + Section 2218a(h)(1) of title 10, United States Code, is amended by +striking ``and properly phased installment payments'' and inserting ``, +properly phased installment payments, and full funding for the first +two Columbia class submarines''. + +SEC. 1024. PREFERENCE FOR UNITED STATES VESSELS IN TRANSPORTING + SUPPLIES BY SEA. + + (a) Preference for United States Vessels in Transporting Supplies +by Sea.-- + (1) In general.--Section 2631 of title 10, United States + Code, is amended to read as follows: +``Sec. 2631. Preference for United States vessels in transporting + supplies by sea + ``(a) In General.--Supplies bought for the Army, Navy, Air Force, +or Marine Corps, or for a Defense Agency, or otherwise transported by +the Department of Defense, may only be transported by sea in-- + ``(1) a vessel belonging to the United States; or + ``(2) a vessel of the United States (as such term is + defined in section 116 of title 46). + ``(b) Waiver and Notification.--(1) The Secretary of Defense may +waive the requirement under subsection (a) if such a vessel is-- + ``(A) not available at a fair and reasonable rate for + commercial vessels of the United States; or + ``(B) otherwise not available. + ``(2) At least once each fiscal year, the Secretary of Defense +shall submit, in writing, to the appropriate congressional committees a +notice of any waiver granted under this subsection and the reasons for +such waiver. + ``(c) Requirements for Reflagging or Repair Work.--(1) In each +request for proposals to enter into a time-charter contract for the use +of a vessel for the transportation of supplies under this section, the +Secretary of Defense shall require that-- + ``(A) any reflagging or repair work on a vessel for which a + proposal is submitted in response to the request for proposals + be performed in the United States (including any territory of + the United States); and + ``(B) any corrective and preventive maintenance or repair + work on a vessel under contract pursuant to this section + relevant to the purpose of such contract be performed in the + United States (including any territory of the United States) + for the duration of the contract, to the greatest extent + practicable. + ``(2) The Secretary of Defense may waive a requirement under +paragraph (1) if the Secretary determines that such waiver is critical +to the national security of the United States. The Secretary shall +immediately submit, in writing, to the appropriate congressional +committees a notice of any waiver granted under this paragraph and the +reasons for such waiver. + ``(3) In this subsection: + ``(A) The term `reflagging or repair work' means work + performed on a vessel-- + ``(i) to enable the vessel to meet applicable + standards to become a vessel of the United States; or + ``(ii) to convert the vessel to a more useful + military configuration. + ``(B) The term `corrective and preventive maintenance or + repair' means-- + ``(i) maintenance or repair actions performed as a + result of a failure in order to return or restore + equipment to acceptable performance levels; and + ``(ii) scheduled maintenance or repair actions to + prevent or discover functional failures. + ``(d) Compliance.--The Secretary of Defense shall ensure that +contracting officers of the Department of Defense award contracts under +this section to responsible offerors and monitor and ensure compliance +with the requirements of this section. The Secretary shall-- + ``(1) ensure that timely, accurate, and complete + information on contractor performance under this section is + included in any contractor past performance database used by an + executive agency; and + ``(2) exercise appropriate contractual rights and remedies + against contractors who fail to comply with this section, or + subchapter I of chapter 553 of title 46 as determined by the + Secretary of Transportation under such subchapter, including + by-- + ``(A) determining that a contractor is ineligible + for an award of such a contract; or + ``(B) terminating such a contract or suspension or + debarment of the contractor for such contract. + ``(e) Appropriate Congressional Committees Defined.--In this +section, the term `appropriate congressional committees' means-- + ``(1) the Committees on Armed Services of the Senate and + the House of Representatives; + ``(2) the Committee on Transportation and Infrastructure of + the House of Representatives; and + ``(3) the Committee on Commerce, Science, and + Transportation of the Senate.''. + (2) Clerical amendment.--The table of contents for chapter + 157 of title 10, United States Code, is amended by amending the + item relating to section 2361 to read as follows: + +``2361. Preference for United States vessels in transporting supplies + by sea.''. + (b) Amendments to Title 46, United States Code.-- + (1) Transfer of provision relating to priority loading for + coal.-- + (A) In general.--Section 55301 of title 46, United + States Code, is redesignated as section 55123 of such + title, transferred to appear after section 55122 of + such title, and amended so that the enumerator, section + heading, typeface, and typestyle conform to those + appearing in other sections in such title. + (B) Conforming amendments.-- + (i) The analysis for subchapter I of + chapter 553 of title 46, United States Code, is + amended by striking the item relating to + section 55301. + (ii) The analysis for chapter 551 of title + 46, United States Code, is amended by inserting + after the item relating to section 55122 the + following new item: + +``55123. Priority loading for coal.''. + (2) Amendment to subchapter heading.--The heading of + subchapter I of chapter 553 of title 46, United States Code, is + amended to read as follows: + + ``subchapter i--government impelled transportation''. + +SEC. 1025. RESTRICTIONS ON OVERHAUL, REPAIR, ETC. OF NAVAL VESSELS IN + FOREIGN SHIPYARDS. + + (a) Exception for Damage Repair Due to Hostile Actions or +Interventions.--Section 8680(a) of title 10, United States Code, is +amended-- + (1) in paragraph (1), by striking ``, other than in the + case of voyage repairs''; and + (2) by adding at the end the following new paragraph: + ``(3) Notwithstanding paragraph (1), a naval vessel described in +paragraph (1) may be repaired in a shipyard outside the United States +or Guam if the repairs are-- + ``(A) voyage repairs; or + ``(B) necessary to correct damage sustained due to hostile + actions or interventions.''. + (b) Limited Authority To Use Foreign Workers.--Section +8680(a)(2)(B)(i) of title 10, United States Code, is amended-- + (1) by inserting ``(I)'' after ``(i)''; and + (2) by adding at the end the following new subclauses: + ``(II) Notwithstanding subclause (I), foreign workers may be used +to perform corrective and preventive maintenance or repair on a vessel +as described in subparagraph (A) only if the Secretary of the Navy +determines that travel by United States Government personnel or United +States contractor personnel to perform the corrective or preventive +maintenance or repair is not advisable for health or safety reasons. +The Secretary of the Navy may not delegate the authority to make a +determination under this subclause. + ``(III) Not later than 30 days after making a determination under +subclause (II), the Secretary of the Navy shall submit to the +congressional defense committees written notification of the +determination. The notification shall include the reasons why travel by +United States personnel is not advisable for health or safety reasons, +the location where the corrective and preventive maintenance or repair +will be performed, and the approximate duration of the corrective and +preventive maintenance or repair.''. + (c) Technical Correction.--Section 8680(a)(2)(C)(ii) of title 10, +United States Code, is amended by striking the period after ``means-- +''. + +SEC. 1026. BIANNUAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE + INDUSTRIAL BASE. + + (a) In General.--Chapter 863 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 8692. Biannual report on shipbuilder training and the defense + industrial base + ``Not later than February 1 of each even-numbered year until 2026, +the Secretary of Defense, in coordination with the Secretary of Labor, +shall submit to the Committee on Armed Services and the Committee on +Health, Education, Labor, and Pensions of the Senate and the Committee +on Armed Services and the Committee on Education and Labor of the House +of Representatives a report on shipbuilder training and hiring +requirements necessary to achieve the Navy's 30-year shipbuilding plan +and to maintain the shipbuilding readiness of the defense industrial +base. Each such report shall include each of the following: + ``(1) An analysis and estimate of the time and investment + required for new shipbuilders to gain proficiency in particular + shipbuilding occupational specialties, including detailed + information about the occupational specialty requirements + necessary for construction of naval surface ship and submarine + classes to be included in the Navy's 30-year shipbuilding plan. + ``(2) An analysis of the age demographics and occupational + experience level (measured in years of experience) of the + shipbuilding defense industrial workforce. + ``(3) An analysis of the potential time and investment + challenges associated with developing and retaining + shipbuilding skills in organizations that lack intermediate + levels of shipbuilding experience. + ``(4) Recommendations concerning how to address shipbuilder + training during periods of demographic transition and evolving + naval fleet architecture consistent with the Navy's 2020 + Integrated Force Structure Assessment. + ``(5) An analysis of whether emerging technologies, such as + augmented reality, may aid in new shipbuilder training. + ``(6) Recommendations concerning how to encourage young + adults to enter the defense shipbuilding industry and to + develop the skills necessary to support the shipbuilding + defense industrial base.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: + +``8692. Biannual report on shipbuilder training and the defense + industrial base.''. + +SEC. 1027. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF CERTAIN + LITTORAL COMBAT SHIPS. + + (a) Prohibition.--None of the funds authorized to be appropriated +by this Act or otherwise made available for fiscal year 2021 for the +Navy may be obligated or expended to retire or prepare for the +retirement, transfer, or placement in storage any ships designated as +LCS-3 or LCS-4 until the date on which the Secretary of the Navy +submits the certification required under subsection (b). + (b) Certification.--Upon the completion of all operational tests on +each of the mission modules designed for the Littoral Combat Ship, the +Secretary of the Navy shall submit to the congressional defense +committees certification of such completion. + +SEC. 1028. REPORT ON IMPLEMENTATION OF COMMANDANT'S PLANNING GUIDANCE. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on the implementation of the +Commandant's Planning Guidance. Such report shall include a detailed +description of each of the following: + (1) The specific number and type of manned littoral ships + required to execute such Guidance. + (2) The role of long-range unmanned surface vessels in the + execution of such Guidance. + (3) How platforms referred to in paragraphs (1) and (2) + account for and interact with ground-based missiles fielded by + teams of Marines deployed throughout the Indo-Pacific region. + (4) The integrated naval command and control architecture + required to support the platforms referred to in paragraphs (1) + and (2). + (5) The projected cost and any additional resources + required to deliver the platforms referred to in paragraph (1) + and (2) by not later than 5 years after the date of the + enactment of this Act. + (b) Form of Report.--The report required under this section shall +be submitted in unclassified form, but may contain a classified annex. +The unclassified report shall be made publicly available. + +SEC. 1029. LIMITATION ON NAVAL FORCE STRUCTURE CHANGES. + + None of the funds authorized to be appropriated by this Act or +otherwise made available for fiscal year 2021 for the Navy may be +obligated or expended to retire, or to prepare for the retirement, +transfer, or placement in storage of, any Department of the Navy ship +until the date that is 30 days after the date on which Secretary of +Defense submits to the congressional defense committees the 2020 Naval +Integrated Force Structure Assessment. + + Subtitle D--Counterterrorism + +SEC. 1031. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF + INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, + GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES. + + No amounts authorized to be appropriated or otherwise made +available for the Department of Defense may be used during the period +beginning on the date of the enactment of this Act and ending on +December 31, 2021, to transfer, release, or assist in the transfer or +release of any individual detained in the custody or under the control +of the Department of Defense at United States Naval Station, Guantanamo +Bay, Cuba, to the custody or control of any country, or any entity +within such country, as follows: + (1) Libya. + (2) Somalia. + (3) Syria. + (4) Yemen. + +SEC. 1032. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST + ORGANIZATIONS. + + (a) Annual Report.--The Secretary of Defense, in coordination with +the Secretary of State, shall submit to the appropriate congressional +committees an annual report on-- + (1) the use of online social media platforms by entities + designated as foreign terrorist organizations by the Department + of State for recruitment, fundraising, and the dissemination of + information; and + (2) the threat posed to the national security of the United + States by the online radicalization of terrorists and violent + extremists. + (b) Appropriate Congressional Committees.--In this section, the +appropriate congressional committees are-- + (1) the Committee on Armed Services, the Committee on + Foreign Affairs, and the Permanent Select Committee on + Intelligence of the House of Representatives; and + (2) the Committee on Armed Services, the Committee on + Foreign Relations, and the Select Committee on Intelligence of + the Senate. + + Subtitle E--Miscellaneous Authorities and Limitations + +SEC. 1041. SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM. + + Section 127e of title 10, United States Code, is amended-- + (1) by striking subsection (c) and inserting the following + new subsection (c): + ``(c) Procedures.-- + ``(1) In general.--The authority in this section shall be + exercised in accordance with such procedures as the Secretary + shall establish for purposes of this section. The Secretary + shall notify the congressional defense committees of any + material change to such procedures. + ``(2) Elements.--The procedures required under paragraph + (1) shall establish, at a minimum, each of the following: + ``(A) Policy, strategy, or other guidance for the + execution of, and constraints within, activities + conducted under this section. + ``(B) The processes through which activities + conducted under this section are to be developed, + validated, and coordinated, as appropriate, with + relevant Federal entities. + ``(C) The processes through which legal reviews and + determinations are made to comply with this section and + ensure that the exercise of authority under this + section is consistent with the national security of the + United States. + ``(3) Notice to congress.--The Secretary shall provide to + the congressional defense committees a notice of the procedures + established pursuant to this section before any exercise of the + authority in this section, and shall notify such committees of + any material change of the procedures.''; + (2) in subsection (d)-- + (A) in the subsection heading, by inserting ``of + Initiation of Support of an Approved Military + Operation'' after ``Notification''; + (B) in paragraph (1), by striking ``15'' and + inserting ``30''; and + (C) in paragraph (2), by adding at the end the + following new subparagraphs: + ``(G) A description of the entities with which the + recipients of support are engaged in hostilities and + whether each such entity is covered under an + authorization for use of military force. + ``(H) A description of the steps taken to ensure + the support is consistent with other United States + diplomatic and security objectives, including issues + related to local political dynamics, civil-military + relations, and human rights. + ``(I) A description of the steps taken to ensure + that the recipients of the support have not engaged in + human rights violations or violations of the Geneva + Conventions of 1949, including vetting, training, and + support for adequately investigating allegations of + violations and removing support in case of credible + reports of violations.''; + (3) by redesignating subsections (e) through (h) as + subsections (f) through (i), respectively; + (4) by inserting after subsection (d) the following new + subsection (e): + ``(e) Notification of Modification or Termination of Support of an +Approved Military Operation.-- + ``(1) In general.--Except as provided in paragraph (2), the + Secretary shall provide to the congressional defense committees + notice in writing by not later that-- + ``(A) 15 days before exercising the authority under + this section to modify the support of an approved + military operation; + ``(B) 30 days before exercising the authority under + this section to terminate the support of an approved + military operation; or + ``(C) as applicable, 30 days before exercising any + other authority under which the Secretary engages or + plans to engage with foreign forces, irregular forces, + groups, or individuals. + ``(2) Extraordinary circumstances.--If the Secretary finds + the existence of extraordinary circumstances affecting the + national security of the United States, the Secretary shall + provide the notice required under paragraph (1) not later than + 48 hours before exercising authority referred to in + subparagraph (A) or (B) of such paragraph. + ``(3) Elements.--Notice provided under paragraph (1) with + respect to the modification or termination of support shall + includes each of the following elements: + ``(A) A description of the reasons for the + modification or termination. + ``(B) A description of the potential effects of the + modification or termination of support on the forces + providing the support. + ``(C) A plan for the modification or termination of + the support, including the consideration of the + transition of such support from one fiscal authority to + another. + ``(D) A list of any relevant entities of the United + States Government that are or will be involved in the + modification or termination of such support, including + any planned transition of such support from one + Government entity to another.''; + (5) by striking subsection (g), as redesignated by + paragraph (3), and inserting the following new subsection (g): + ``(g) Construction of Authority.--Nothing in this section may be +construed to constitute authority to conduct or provide statutory +authorization for any of the following: + ``(1) A covert action, as such term is defined in section + 503(e) of the National Security Act of 1947 (50 U.S.C. + 3093(e)). + ``(2) An introduction of the armed forces, (including as + such term is defined in section 8(c) of the War Powers + Resolution (50 U.S.C. 1547(c)), into hostilities, or into + situations where hostilities are clearly indicated by the + circumstances, without specific statutory authorization within + the meaning of section 5(b) of such Resolution (50 U.S.C. + 1544(b)). + ``(3) The provision of support to regular forces, irregular + forces, groups, or individuals to conduct operations that + United States special operations forces are not otherwise + authorized to conduct. + ``(4) Activities or support of activities, directly or + indirectly, that are inconsistent with the laws of armed + conflict.''; + (6) in subsection (i)(3), as redesignated by paragraph + (3)-- + (A) by redesignating subparagraphs (G) and (H) as + subparagraphs (H) and (I), respectively; and + (B) by inserting after subparagraph (F) the + following new subparagraph (G): + ``(G) If there is a plan to modify or terminate the + support to military operations to combat terrorism in + any way, a detailed description of the plan, + including-- + ``(i) a description of the reasons for the + modification or termination; + ``(ii) the potential effects of the + modification or termination of support on the + forces providing the support; + ``(iii) a detailed plan for the + modification or termination of the support; and + ``(iv) a list of any relevant Government + entities that are or will be involved in the + modification or termination of such support, + including any planned transition of such + support from one Government entity to + another.''; and + (7) by adding at the end the following new subsection: + ``(j) Modification Defined.--In this section, the term +`modification', with respect to support provided for an approved +military operation, means-- + ``(1) an increase or decrease in funding of more than + $750,000 or change greater than 40 percent of the material + resources provided; + ``(2) an increase or decrease in the amount or type of + equipment that significantly alters the use of or risk to + foreign forces, irregular forces, groups, or United States + special operations forces; or + ``(3) a change in the legal or operational authorities.''. + +SEC. 1042. PROHIBITION ON RETIREMENT OF NUCLEAR POWERED AIRCRAFT + CARRIERS BEFORE FIRST REFUELING. + + Section 8062 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(f) A nuclear powered aircraft carrier may not be retired before +its first refueling.''. + +SEC. 1043. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT. + + Section 9062 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(k) The Secretary of the Air Force shall maintain a total +inventory of tactical airlift aircraft of not less than 292 +aircraft.''. + +SEC. 1044. MODIFICATION AND TECHNICAL CORRECTION TO DEPARTMENT OF + DEFENSE AUTHORITY TO PROVIDE ASSISTANCE ALONG THE + SOUTHERN LAND BORDER OF THE UNITED STATES. + + (a) Authority.--Subsection (a) of section 1059 of the National +Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 +Stat. 986; 10 U.S.C. 271 note prec.) is amended to read as follows: + ``(a) Authority.-- + ``(1) Provision of assistance.-- + ``(A) In general.--The Secretary of Defense may + provide assistance to United States Customs and Border + Protection for purposes of increasing ongoing efforts + to secure the southern land border of the United States + in accordance with the requirements of this section. + ``(B) Requirements.--If the Secretary provides + assistance under subparagraph (A), the Secretary shall + ensure that-- + ``(i) the provision of the assistance will + not negatively affect military training, + operations, readiness, or other military + requirements; and + ``(ii) the tasks associated with the + support provided align with the mission or + occupational specialty of any members of the + Armed Forces, including members of the reserve + components, or units of the Armed Forces, + including the reserve components, that are + deployed. + ``(2) Notification requirement.--Not later than 5 days + after the date on which the Secretary decides to provide + assistance under paragraph (1), the Secretary shall submit to + the Committee on Armed Services of the Senate and the Committee + on Armed Services and the Committee on Homeland Security of the + House of Representatives notice of such decision.''. + (b) Reporting Requirements.--Subsection (f) of such section is +amended to read as follows: + ``(f) Reports.-- + ``(1) Report required.--Any time assistance is provided + under subsection (a), not later than 30 days after the date on + which such assistance is first provided, and every 3 months + thereafter during the period while such assistance is provided, + the Secretary of Defense, in coordination with the Secretary of + Homeland Security, shall submit to the Committee on Armed + Services and the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on Armed + Services and the Committee on Homeland Security of the House of + Representatives a report that includes, for both the period + covered by the report and the total period of the deployment, + each of the following: + ``(A) A description of the assistance provided. + ``(B) A description of the Armed Forces, including + the reserve components, deployed as part of such + assistance, including an identification of-- + ``(i) the members of the Armed Forces, + including members of the reserve components, + deployed, including specific information about + unit designation, size of unit, and whether any + personnel in the unit deployed under section + 12302 of title 10, United States Code; + ``(ii) the readiness rating for each of the + units deployed, including specific information + about any impacts to planned training exercises + for any such unit; + ``(iii) the projected length of the + deployment and any special pay and incentives + for which deployed personnel may qualify during + the deployment; + ``(iv) any specific pre-deployment training + provided for such members of the Armed Forces, + including members of the reserve components; + ``(v) the specific missions and tasks, by + location, that are assigned to the members of + the Armed Forces, including members of the + reserve components, who are so deployed; + ``(vi) the life support conditions and + associated costs; + ``(vii) the locations where units so + deployed are conducting their assigned mission, + together with a map showing such locations; + ``(viii) a description of the rules and + additional guidance applicable to the + deployment, including the standing rules for + the use of force for deployed personnel and the + issuance of any weapons and ammunition; and + ``(ix) the plan to transition the functions + performed by the members of the Armed Forces, + including members of the reserve components, to + the Department of Homeland Security and Customs + Border Protection. + ``(C) The sources and amounts of funds expended-- + ``(i) during the period covered by the + report; and + ``(ii) during the total period for which + such support has been provided. + ``(D) The amount of funds obligated-- + ``(i) during the period covered by the + report; and + ``(ii) during the total period for which + such support has been provided. + ``(E) An assessment of the efficacy and cost- + effectiveness of such assistance in support of the + objectives and strategy of the Secretary of Homeland + Security to address the challenges on the southern land + border of the United States and recommendations, if + any, to enhance the effectiveness of such assistance. + ``(2) Form of report.--Each report submitted under this + subsection shall be submitted in unclassified form and without + any designation relating to dissemination control, but may + include a classified annex.''. + (c) Classification.--The Law Revision Counsel is directed to place +this section in a note following section 284 of title 10, United States +Code. + +SEC. 1045. BATTLEFIELD AIRBORNE COMMUNICATIONS NODE CERTIFICATION + REQUIREMENT. + + (a) Limitation.--The Secretary of the Air Force may take no action +that would prevent the Air Force from maintaining or operating the +fleets of EQ-4 aircraft in the configurations and capabilities in +effect on the date of the enactment of this Act, or in improved +configurations and capabilities, before the date on which each of the +three individual certifications described in subsection (b) have been +submitted to the congressional defense committees. + (b) Certifications Required.--The certifications described in this +subsection are the following: + (1) The written certification of the Chairman of the Joint + Requirements Oversight Council that the replacement capability + for the EQ-4 aircraft will-- + (A) be fielded at the same time or before the + divestment of the EQ-4 aircraft; + (B) result in equal or greater capability available + to the commanders of the combatant commanders; and + (C) not result in less airborne capacity or on- + station time available to the commanders of the + combatant commands. + (2) The written certification of the Commander of United + States Central Command that the replacement capability for the + EQ-4 aircraft will not result in less airborne capacity or on- + station time available for mission taskings that the EQ-4 + provides, as of the date of the enactment of this Act, in the + United States Central Command area of responsibility. + (3) The written certification of the Under Secretary of + Defense for Acquisition and Sustainment that the validated + operating and sustainment costs of the capability developed or + fielded to replace an equivalent capacity the EQ-4 aircraft + provides is less than the validated operating and sustainment + costs for the EQ-4 aircraft on a comparable flight-hour cost + basis. + (c) Calculation of Flight-Hour Cost Basis.--For purposes of +calculating the flight-hour cost basis under subsection (b)(3), the +Under Secretary shall include all costs for-- + (1) Unit level manpower; + (2) Unit operations; + (3) maintenance; + (4) sustaining support; and + (5) system improvements. + +SEC. 1046. REQUIREMENTS RELATING TO NEWEST GENERATIONS OF PERSONAL + PROTECTIVE EQUIPMENT. + + (a) Reports.-- + (1) Reports required.--Not later than January 31, 2021, + each Secretary of a military department shall submit to the + congressional defense committees a report on the development + and fielding of the newest generations of personal protective + equipment to the Armed Forces under the jurisdiction of such + Secretary. + (2) Elements.--Each report under paragraph (1) shall + include, for each Armed Force covered by such report, the + following: + (A) A description and assessment of the development + and fielding of the newest generations of personal + protective equipment and auxiliary personal protective + equipment to members of such Armed Force, including the + following: + (i) The number (aggregated by total number + and by sex) of members of such Armed Force + issued the Army Soldiers Protective System and + the Modular Scalable Vest Generation II body + armor as of December 31, 2020. + (ii) The number (aggregated by total number + and by sex) of members of such Armed Force + issued Marine Corps Plate Carrier Generation + III (PC Gen III) body armor as of that date. + (iii) The number (aggregated by total + number and by sex) of members of such Armed + Force fitted with legacy personal protective + equipment as of that date. + (B) A description and assessment of the barriers, + if any, to the development and fielding of such + generations of equipment to such members. + (C) A description and assessment of challenges in + the development and fielding of such generations of + equipment to such members, including cost overruns, + contractor delays, and other challenges. + (b) System for Tracking Data on Injuries.-- + (1) System required.-- + (A) In general.--The Director of the Defense Health + Agency (DHA) shall develop and maintain a system for + tracking data on injuries among members of the Armed + Forces in and during the use of newest generation + personal protective equipment. + (B) Scope of system.--The system required by this + subsection may, at the election of the Director, be new + for purposes of this subsection or within or a + modification of an appropriate existing system (such as + the Defense Occupational And Environmental Health + Readiness System (DOEHRS)). + (2) Report.--Not later than January 31, 2025, the Director + shall submit to Congress a report on the prevalence among + members of the Armed Forces of preventable injuries + attributable to ill-fitting or malfunctioning personal + protective equipment. + (c) Inclusion in Annual Periodic Health Assessments.--The annual +Periodic Health Assessment (PHA) of members of the Armed Forces +undertaken after the date of the enactment of this Act shall include +one or more questions on whether members incurred an injury in +connection with ill-fitting or malfunctioning personal protective +equipment during the period covered by such assessment, including the +nature of such injury. + +SEC. 1047. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A-10 AIRCRAFT. + + (a) Prohibition.--Notwithstanding sections 134 and 135 of the +National Defense Authorization Act for Fiscal Year 2017 (Public Law +114-328), except as provided in subsection (b), none of the funds +authorized to be appropriated by this Act or otherwise made available +for fiscal year 2021 for the Air Force may be obligated or expended to +retire, prepare to retire, or place in storage or on backup aircraft +inventory status any A-10 aircraft. + (b) Exception.--The limitation under subsection (a) shall not apply +to any individual A-10 aircraft that the Secretary of the Air Force +determines, on a case-by-case basis, to be no longer mission capable +because of a mishap or other damage or because the aircraft is +uneconomical to repair. + (c) Implementation Report.--Not later than 120 days after the date +of the enactment of this Act, the Secretary of the Air Force shall +submit to the congressional defense committees, a report on the +progress made toward the A-10 re-wing contracts and the progress made +in re-winging some of the 283 A-10 aircraft that have not received new +wings. + +SEC. 1048. MANDATORY CRITERIA FOR STRATEGIC BASING DECISIONS. + + (a) In General.--The Secretary of the Air Force shall modify Air +Force Instruction 10-503 (pertaining to the strategic basing process) +to ensure that the process for the selection of a location in the +United States for the strategic basing of an aircraft includes the +following: + (1) A comparative analysis of the overall community support + for the mission among the candidate locations, as indicated by + the formal comments received during the public comment period + for the environmental impact statement relating to the basing + decision and, in a case in which the Secretary selects a final + location with less community support compared to other + locations as indicated by such analysis, an explanation of the + operational considerations that formed the basis for such + selection. + (2) An analysis of joint and all-domain training + capabilities at each candidate location, separate from and in + addition to the mission criteria developed for the basing + action. + (3) A comparative analysis of the airspace and training + areas available at each candidate location, separate from and + in addition to the mission criteria developed for the basing + action. + (b) Report Required.--Not later than 14 days after the date on +which the Secretary of Defense publicly announces the preferred and +reasonable alternative locations for the basing of an aircraft as +described in subsection (a), the Secretary shall submit to the +congressional defense committees a report that includes-- + (1) an assessment of each candidate location that was + considered as part of the basing process, including, with + respect to each such location, an analysis of each of the + factors specified in paragraphs (1) through (3) of such + subsection; and + (2) an explanation of how each candidate location was + scored against such factors, including the weight assigned to + each factor. + +SEC. 1049. LIMITATION ON USE OF FUNDS PENDING PUBLIC AVAILABILITY OF + TOP-LINE NUMBERS OF DEPLOYED MEMBERS OF THE ARMED FORCES. + + (a) Limitation.--Of the amounts authorized to be appropriated by +this Act or otherwise made available for fiscal year 2020 for Operation +and Maintenance, Defense-wide, Office of the Secretary of Defense, for +Travel of Persons, not more than 75 percent may be obligated or +expended until the date on which the Secretary of Defense makes +publicly available the top-line numbers of deployed members of the +Armed Forces described in subsection (b). + (b) Top-Line Numbers Described.-- The top-line numbers of deployed +members of the Armed Forces referred to in subsection (a)-- + (1) are the numbers required to be made publicly available + under section 595 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 + U.S.C. 122a note); + (2) shall include all such numbers for fiscal year 2017 and + each subsequent fiscal year; and + (3) shall include the number of personnel on temporary duty + and the number of personnel deployed in support of contingency + operations. + (c) Sensitive Military Operation.--The requirement under subsection +(a) to make the top-line numbers of deployed members of the Armed +Forces publicly available is not satisfied if the Secretary, in +exercising the waiver authority under subsection (b) of section 595 of +the John S. McCain National Defense Authorization Act for Fiscal Year +2019 (Public Law 115-232; 10 U.S.C. 122a note) does not submit the +notice and reasons for the waiver determination to Committees of Armed +Services of the House of Representatives and the Senate as required +under paragraph (2) of such subsection. + +SEC. 1050. LIMITATION ON PHYSICAL MOVE, INTEGRATION, REASSIGNMENT, OR + SHIFT IN RESPONSIBILITY OF MARINE FORCES NORTHERN + COMMAND. + + (a) Limitation.--The Secretary of Defense may not take any action +to execute the physical move, integration, reassignment, or shift in +responsibility of the Marine Forces Northern Command before the date +that is 60 days after the date on which the Secretary submits the +report described in subsection (b). + (b) Report.--If the Secretary of Defense plans to take any action +to physically move, integrate, reassign, or shift the responsibility of +Marine Forces Northern Command, the Secretary shall submit to the +congressional defense committees a report on such proposed action that +includes each of the following: + (1) An analysis of how the proposed action would be + beneficial to military readiness. + (2) A description of how the proposed action would align + with the national defense strategy and the supporting + strategies for each of the military departments. + (3) A description of the proposed organizational structure + change associated with the action and how will it affect the + relationship between Marine Forces Northern Command and + administrative control responsibilities, operational control + responsibilities, and tactical control responsibilities. + (4) The projected cost associated with the proposed action + and any projected long-term cost savings. + (5) A detailed description of any requirements for new + infrastructure or relocation of equipment and assets associated + with the proposed action. + (6) A description of how the proposed action would + facilitate total force integration and Marine Corps general + officer progression, including with respect to the reserve + components. + (c) Waiver.--The Secretary may waive the limitation under +subsection (a) if the Secretary determines such a waiver is necessary +by reason of hostilities or the imminent threat of hostilities. + (d) Applicability.--This section shall apply with respect to any +action to execute the physical move, integration, reassignment, or +shift in responsibility of the Marine Forces Northern Command that is +initiated on or after the date of the enactment of this Act. In the +case of such an action that was initiated but not completed before the +date of the enactment of this Act, no additional effort may be made to +complete such action before the date that is 60 days after the date on +which the Secretary submits the report described in subsection (b). + +SEC. 1051. CONDITIONS FOR PERMANENTLY BASING UNITED STATES EQUIPMENT OR + ADDITIONAL FORCES IN HOST COUNTRIES WITH AT-RISK VENDORS + IN 5G OR 6G NETWORKS. + + (a) In General.--Prior to basing a major weapon system or +additional permanently assigned forces comparable to or larger than a +battalion, squadron, or naval combatant for permanent basing to a host +country with at-risk 5th generation (5G) or sixth generation (6G) +wireless network equipment, software, and services, including supply +chain vulnerabilities identified by the Federal Acquisition Security +Council, where United States military personnel and their families will +be directly connected or subscribers to networks that include such at- +risk equipment, software, and services in their official duties or in +the conduct of personal affairs, the Secretary of Defense shall provide +a notification to the congressional defense committees that includes a +description of-- + (1) steps being taken by the host country to mitigate any + potential risks to the weapon systems, military units, or + personnel, and the Department of Defense's assessment of those + efforts; + (2) steps being taken by the United States Government, + separately or in collaboration with the host country, to + mitigate any potential risks to the weapon systems, permanently + deployed forces, or personnel; + (3) any defense mutual agreements between the host country + and the United States intended to allay the costs of risk + mitigation posed by the at-risk infrastructure; and + (4) any other matters the Secretary determines to be + relevant. + (b) Applicability.--The conditions in subsection (a) apply to the +permanent long-term stationing of equipment and permanently assigned +forces, and do not apply to short-term deployments or rotational +presence to military installations outside the United States in +connection with exercises, dynamic force employment, contingency +operations, or combat operations. + (c) Report.--Not later than 1 year after the date of the enactment +of this Act, the Secretary of Defense shall submit to the congressional +defense committees a report that contains an assessment of-- + (1) the risk to personnel, equipment, and operations of the + Department of Defense in host countries posed by the current or + intended use by such countries of 5G or 6G telecommunications + architecture provided by at-risk vendors; and + (2) measures required to mitigate the risk described in + paragraph (1), including the merit and feasibility of the + relocation of certain personnel or equipment of the Department + to another location without the presence of 5G or 6G + telecommunications architecture provided by at-risk vendors. + (d) Form.--The report required by subsection (c) shall be submitted +in a classified form with an unclassified summary. + (e) Major Weapon System Defined.--In this section, the term ``major +weapon system'' has the meaning given that term in section 2379(f) of +title 10, United States Code. + +SEC. 1052. CURTAILING INSURRECTION ACT VIOLATIONS OF INDIVIDUALS' + LIBERTIES. + + (a) Federal Aid for State Governments.--Section 251 of title 10, +United States Code, is amended-- + (1) by striking ``Whenever'' and inserting ``(a) In + General.--Whenever''; and + (2) by adding at the end the following new subsection: + ``(b) Certification to Congress.--(1) The President may not invoke +the authority under this section unless the President and the Secretary +of Defense certify to Congress that the State concerned is unable or +unwilling to suppress an insurrection described in subsection (a). + ``(2) A certification under paragraph (1) shall include the +following: + ``(A) A description of the circumstances necessitating the + invocation of the authority under this section. + ``(B) Demonstrable evidence that the State concerned is + unable or unwilling to suppress such insurrection, and a legal + justification for resorting to the authority under this section + to so suppress. + ``(C) A description of the mission, scope, and duration of + use of members of the armed forces under this section.''. + (b) Use of Militia and Armed Forces To Enforce Federal Authority.-- +Section 252 of title 10, United States Code, is amended to read as +follows: +``Sec. 252. Use of militia and armed forces to enforce Federal + authority + ``(a) Authority.--Whenever unlawful obstructions, combinations, or +assemblages, or rebellion against the authority of the United States, +make it impracticable to enforce the laws of the United States in any +State by the ordinary course of judicial proceedings, the President may +call into Federal service such of the militia of any State, and use +such of the armed forces, as the President considers necessary to +enforce those laws or to suppress the rebellion. + ``(b) Certification to Congress.--(1) The President may not invoke +the authority under this section unless the President and the Secretary +of Defense certify to Congress that the State concerned is unable or +unwilling to suppress an unlawful obstruction, combination, or +assemblage, or rebellion against the authority of the United States +described in subsection (a). + ``(2) A certification under paragraph (1) shall include the +following: + ``(A) A description of the circumstances necessitating the + invocation of the authority under this section. + ``(B) Demonstrable evidence that the State concerned is + unable or unwilling to suppress such unlawful obstruction, + combination, or assemblage, or rebellion against the authority + of the United States, and a legal justification for resorting + to the authority under this section to so suppress. + ``(C) A description of the mission, scope, and duration of + use of members of the armed forces under this section.''. + (c) Interference With State and Federal Law.--Section 253 of title +10, United States Code, is amended-- + (1) by striking ``The President'' and inserting ``(a) + Authority.--(1) The President''; + (2) by redesignating paragraphs (1) and (2) as + subparagraphs (A) and (B), respectively; + (3) by striking ``In any situation covered by clause (1),'' + and inserting ``(2) In any situation covered by paragraph + (1)(A),''; and + (4) by adding at the end the following new subsection: + ``(b) Certification to Congress.--(1) The President may not invoke +the authority under this section unless the President and the Secretary +of Defense certify to Congress that the State concerned is unable or +unwilling to suppress an insurrection, domestic violence, unlawful +combination, or conspiracy, as described in subsection (a). + ``(2) A certification under paragraph (1) shall include the +following: + ``(A) A description of the circumstances necessitating the + invocation of the authority under this section. + ``(B) Demonstrable evidence that the State concerned is + unable or unwilling to suppress such insurrection, domestic + violence, unlawful combination, or conspiracy, and a legal + justification for resorting to the authority under this section + to so suppress. + ``(C) A description of the mission, scope, and duration of + use of members of the armed forces under this section.''. + (d) Consultation With Congress.-- + (1) In general.--Chapter 13 of title 10, United States + Code, is amended by adding at the end the following new + section: +``Sec. 256. Consultation + ``The President, in every possible instance, shall consult with +Congress before invoking the authority under section 251, 252, or 253 +of this title.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 13 of title 10, United States Code, is + amended by adding at the end the following new item: + +``256. Consultation.''. + (e) Restriction on Direct Participation by Military Personnel.-- + (1) In general.--Such chapter is further amended by adding + at the end the following new section: +``Sec. 257. Restriction on direct participation by military personnel + ``(a) In General.--No activity under this chapter shall permit +direct participation by a member of the Army, Navy, Air Force, Marine +Corps, or Space Force in a search, seizure, arrest, or other similar +activity unless participation in such activity by such member is +otherwise expressly authorized by law. + ``(b) Regulations.--The Secretary of Defense shall prescribe such +regulations as may be necessary to ensure compliance with subsection +(a). + ``(c) Rule of Construction.--Nothing in this section shall be +construed to limit authority of law enforcement personnel of the armed +forces on Federal military installations''. + (2) Clerical amendment.--The table of sections at the + beginning of such chapter is further amended by adding at the + end the following new item: + +``257. Restriction on direct participation by military personnel.''. + +SEC. 1053. PROHIBITION ON USE OF FUNDS FOR DISCRIMINATORY ALGORITHMIC + DECISIONMAKING SYSTEMS. + + None of the funds authorized to be appropriated by this Act or +otherwise made available for fiscal year 2021 for the Joint Artificial +Intelligence Center to acquire or develop new artificial intelligence +systems may be obligated or expended unless the Department of Defense, +or the vendor of such new system, has-- + (1) assessed such algorithmic decision-making system, or + commits to assess such system within 1 year of the date of such + acquisition or completion of development, with respect to its + potential to perpetuate or introduce discriminatory bias + against protected classes of persons, including on the basis of + sex, race, age, disability, color, creed, national origin, or + religion, and after the completion of such assessment, + transmits to the Secretary a description of the methodology by + which such assessment was conducted; + (2) sought to address any unintended discriminatory bias + identified pursuant to paragraph (1) prior to deploying such + system, and through periodic assessments during use of such + systems, in any context where such usage poses a tangible risk + of resulting in an action which could reasonably be seen to + violate any law, policy, regulation, or other codified practice + of the United States with respect to anti-discrimination, equal + protection, or civil rights, and transmitted to the Secretary a + description of the measures undertaken to comply with the + requirements of this section; and + (3) ensured that such system conforms to the DoD AI Ethics + Principles for purposes of identifying and addressing the + causes of potential discriminatory biases in the system. + +SEC. 1054. INCLUSION OF EXPLOSIVE ORDNANCE DISPOSAL IN SPECIAL + OPERATIONS ACTIVITIES. + + Section 167(k) of title 10, United States Code, is amended-- + (1) by redesignating paragraph (10) as paragraph (11); and + (2) by inserting after paragraph (9) the following new + paragraph (10): + ``(10) Explosive ordnance disposal.''. + +SEC. 1055. REQUIREMENTS IN CONNECTION WITH USE OF PERSONNEL OTHER THAN + THE MILITIA OR THE ARMED FORCES TO SUPPRESS INTERFERENCE + WITH STATE AND FEDERAL LAW. + + (a) In General.--Section 253 of title 10, United States Code, is +amended-- + (1) by inserting ``(a) In General.--'' before ``The + President''; and + (2) by adding at the end the following new subsection: + ``(b) Use of Other Means.--(1) Other means used by the President +pursuant to subsection (a) may only include activities by Federal law +enforcement officers. + ``(2) Any Federal law enforcement officer performing duty pursuant +to subsection (a) shall visibly display on the uniform or other +clothing of such officer-- + ``(A) the name of such officer; and + ``(B) the name of the agency for which such officer is + employed. + ``(3) In this subsection: + ``(A) The term `Federal law enforcement officer' means-- + ``(i) an employee or officer in a position in the + executive, legislative, or judicial branch of the + Federal Government who-- + ``(I) is authorized by law to engage in or + supervise a law enforcement function; or + ``(II) has statutory powers of arrest or + apprehension under section 807(b) of this title + (article 7(b) of the Uniform Code of Military + Justice); or + ``(ii) an employee or officer of a contractor or + subcontractor (at any tier) of an agency in the + executive, legislative, or judicial branch of the + Federal Government who is authorized by law or under + the contract with the agency to engage in or supervise + a law enforcement function; and + ``(B) The term `law enforcement function' means the + prevention, detection, or investigation of, or the prosecution + or incarceration of any person for, any violation of law.''. + (b) Rule of Construction.--Nothing in this section, or the +amendments made by this section, shall be construed to limit or +otherwise supersede the authority of Federal law enforcement officials +who do not wear a uniform in the regular performance of their official +duties or who are engaged in undercover operations to perform their +official duties under authorities other than section 253 of title 10, +United States Code. + +SEC. 1056. LIMITATION ON DEACTIVATION, UNMANNING, OR SELLING OF ARMY + WATERCRAFT ASSETS PENDING COMPREHENSIVE ANALYSIS OF + MOBILITY REQUIREMENTS AND CAPABILITIES. + + None of the funds authorized to be appropriated by this Act or +otherwise made available for fiscal year 2021 for the Department of +Defense maybe obligated or expended for the deactivation, unmanning,or +selling of any Army watercraft assets, until the Secretary of Defense +submits to Congress certification that-- + (1) the Secretary has received and accepted the federally + funded research and development center Army watercraft study as + directed by section 1058 of the National Defense Authorization + Act for Fiscal Year 2020 (Public Law 116-92); + (2) the review, analysis, and recommendations of such study + are included in the mobility, capabilities, requirements study; + and + (3) the Secretary will include in such study a review and + analysis of-- + (A) doctrine-based roles and missions of the + military services; + (B) current and future investments; + (C) the effects of emerging operational concepts; + (D) demand signals of Department of Defense small + vessels relative to Army watercraft, Navy small ships, + and amphibious connectors; and + (E) readiness risk being assumed across each of the + geographic combatant commands. + + TITLE XI--CIVILIAN PERSONNEL MATTERS + + Subtitle A--General Provisions + +SEC. 1101. FAMILY AND MEDICAL LEAVE AMENDMENTS. + + (a) In General.-- + (1) Paid parental leave for employees of district of + columbia courts and district of columbia public defender + service.-- + (A) District of columbia courts.--Section 11-1726, + District of Columbia Official Code, is amended by + adding at the end the following new subsection: + ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 +U.S.C. 2601 et seq.) with respect to nonjudicial employees of the +District of Columbia courts, the Joint Committee on Judicial +Administration shall, notwithstanding any provision of such Act, +establish a paid parental leave program for the leave described in +subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. +2612(a)(1)) (relating to leave provided in connection with the birth of +a child or the placement of a child for adoption or foster care). In +developing the terms and conditions for this program, the Joint +Committee may be guided by the terms and conditions applicable to the +provision of paid parental leave for employees of the Federal +Government under chapter 63 of title 5, United States Code, and any +corresponding regulations.''. + (B) District of columbia public defender service.-- + Section 305 of the District of Columbia Court Reform + and Criminal Procedure Act of 1970 (sec. 2-1605, D.C. + Official Code) is amended by adding at the end the + following new subsection: + ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 +U.S.C. 2601 et seq.) with respect to employees of the Service, the +Director shall, notwithstanding any provision of such Act, establish a +paid parental leave program for the leave described in subparagraphs +(A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) +(relating to leave provided in connection with the birth of a child or +the placement of a child for adoption or foster care). In developing +the terms and conditions for this program, the Director may be guided +by the terms and conditions applicable to the provision of paid +parental leave for employees of the Federal Government under chapter 63 +of title 5, United States Code, and any corresponding regulations.''. + (2) Clarification of use of other leave in addition to 12 + weeks as family and medical leave.-- + (A) Title 5.--Section 6382(a) of title 5, United + States Code, as amended by section 7602 of the National + Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92), is amended-- + (i) in paragraph (1), in the matter + preceding subparagraph (A), by inserting ``(or, + in the case of leave that includes leave under + subparagraph (A) or (B) of this paragraph, 12 + administrative workweeks of leave plus any + additional period of leave used under + subsection (d)(2)(B)(ii))'' after ``12 + administrative workweeks of leave''; and + (ii) in paragraph (4), by inserting ``(or + 26 administrative workweeks of leave plus any + additional period of leave used under + subsection (d)(2)(B)(ii))'' after ``26 + administrative workweeks of leave''. + (B) Congressional employees.--Section 202(a)(1) of + the Congressional Accountability Act of 1995 (2 U.S.C. + 1312(a)(1)), as amended by section 7603 of the National + Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92), is amended-- + (i) in the second sentence, by inserting + ``and in the case of leave that includes leave + for such an event, the period of leave to which + a covered employee is entitled under section + 102(a)(1) of such Act shall be 12 + administrative workweeks of leave plus any + additional period of leave used under + subsection (d)(2)(B) of this section'' before + the period; and + (ii) by striking the third sentence and + inserting the following: ``For purposes of + applying section 102(a)(4) of such Act, in the + case of leave that includes leave under + subparagraph (A) or (B) of section 102(a)(1) of + such Act, a covered employee is entitled, under + paragraphs (1) and (3) of section 102(a) of + such Act, to a combined total of 26 workweeks + of leave plus any additional period of leave + used under subsection (d)(2)(B) of this + section.''. + (C) Other employees covered under the family and + medical leave act of 1993.--Section 102(a) of the + Family and Medical Leave Act of 1993 (29 U.S.C. + 2611(a)) is amended by adding at the end the following: + ``(6) Special rules on period of leave.--With respect to an + employee of the Government Accountability Office and an + employee of the Library of Congress-- + ``(A) in the case of leave that includes leave + under subparagraph (A) or (B) of paragraph (1), the + employee shall be entitled to 12 administrative + workweeks of leave plus any additional period of leave + used under subsection (d)(3)(B)(ii) of this section or + section 202(d)(2)(B) of the Congressional + Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as + the case may be; and + ``(B) for purposes of paragraph (4), the employee + is entitled, under paragraphs (1) and (3), to a + combined total of 26 workweeks of leave plus, if + applicable, any additional period of leave used under + subsection (d)(3)(B)(ii) of this section or section + 202(d)(2)(B) of the Congressional Accountability Act of + 1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be.''. + (3) Applicability.--The amendments made by this subsection + shall not be effective with respect to any birth or placement + occurring before October 1, 2020. + (b) Paid Parental Leave for Presidential Employees.-- + (1) Amendments to chapter 5 of title 3, united states + code.--Section 412 of title 3, United States Code, is amended-- + (A) in subsection (a)(1), by adding at the end the + following: ``In applying section 102 of such Act with + respect to leave for an event described in subsection + (a)(1)(A) or (B) of such section to covered employees, + subsection (c) of this section shall apply and in the + case of leave that includes leave for such an event, + the period of leave to which a covered employee is + entitled under section 102(a)(1) of such Act shall be + 12 administrative workweeks of leave plus any + additional period of leave used under subsection + (c)(2)(B) of this section. For purposes of applying + section 102(a)(4) of such Act, in the case of leave + that includes leave under subparagraph (A) or (B) of + section 102(a)(1) of such Act, a covered employee is + entitled, under paragraphs (1) and (3) of section + 102(a) of such Act, to a combined total of 26 workweeks + of leave plus any additional period of leave used under + subsection (c)(2)(B) of this section.''; + (B) by redesignating subsections (c) and (d) as + subsections (d) and (e), respectively; + (C) by inserting after subsection (b) the + following: + ``(c) Special Rule for Paid Parental Leave.-- + ``(1) Substitution of paid leave.--A covered employee may + elect to substitute for any leave without pay under + subparagraph (A) or (B) of section 102(a)(1) of the Family and + Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave + which is available to such employee for that purpose. + ``(2) Amount of paid leave.--The paid leave that is + available to a covered employee for purposes of paragraph (1) + is-- + ``(A) the number of weeks of paid parental leave in + connection with the birth or placement involved that + corresponds to the number of administrative workweeks + of paid parental leave available to employees under + section 6382(d)(2)(B)(i) of title 5, United States + Code; and + ``(B) during the 12-month period referred to in + section 102(a)(1) of the Family and Medical Leave Act + of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the + administrative workweeks described in subparagraph (A), + any additional paid vacation, personal, family, + medical, or sick leave provided by the employing office + to such employee. + ``(3) Limitation.--Nothing in this section or section + 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 + U.S.C. 2612(d)(2)(A)) shall be considered to require or permit + an employing office to require that an employee first use all + or any portion of the leave described in paragraph (2)(B) + before being allowed to use the paid parental leave described + in paragraph (2)(A). + ``(4) Additional rules.--Paid parental leave under + paragraph (2)(A)-- + ``(A) shall be payable from any appropriation or + fund available for salaries or expenses for positions + within the employing office; + ``(B) if not used by the covered employee before + the end of the 12-month period (as referred to in + section 102(a)(1) of the Family and Medical Leave Act + of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, + shall not accumulate for any subsequent use; and + ``(C) shall apply without regard to the limitations + in subparagraph (E), (F), or (G) of section 6382(d)(2) + of title 5, United States Code, or section 104(c)(2) of + the Family and Medical Leave Act of 1993 (29 U.S.C. + 2614(c)(2)).''; and + (D) in subsection (e)(1), as so redesignated, by + striking ``subsection (c)'' and inserting ``subsection + (d)''. + (2) Applicability.--The amendments made by this subsection + shall not be effective with respect to any birth or placement + occurring before October 1, 2020. + (c) FAA and TSA.-- + (1) FAA.-- + (A) In general.--Paragraph (3) of section 102(d) of + the Family and Medical Leave Act of 1993 (29 U.S.C. + 2612(d)(3)), as added by section 7604 of the National + Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92), is amended-- + (i) in the paragraph heading, by inserting + ``and federal aviation administration'' after + ``GAO''; + (ii) in subparagraphs (A) and (B), by + striking ``the Government Accountability + Office'' in each instance and inserting ``the + Government Accountability Office or the Federal + Aviation Administration''; and + (iii) in subparagraph (D)(i), by striking + ``the Government Accountability Office'' and + inserting ``the Government Accountability + Office or the Federal Aviation Administration + (as the case may be)''. + (B) Applicability.--The amendments made by + subparagraph (A) shall not be effective with respect to + any birth or placement occurring before October 1, + 2020. + (2) Corrections for tsa screeners.--Section 7606 of the + National Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92) is amended-- + (A) by striking ``Section 111(d)(2)'' and inserting + the following: + ``(a) In General.--Section 111(d)(2)''; and + (B) by adding at the end the following: + ``(b) Effective Date; Application.-- + ``(1) In general.--The amendment made by subsection (a) + shall not be effective with respect to any event for which + leave may be taken under subchapter V of chapter 63 of title 5, + United States Code, occurring before October 1, 2020. + ``(2) Application to service requirement for eligibility.-- + For purposes of applying the period of service requirement + under subparagraph (B) of section 6381(1) to an individual + appointed under section 111(d)(1) of the Aviation and + Transportation Security Act (49 U.S.C. 44935 note), the + amendment made by subsection (a) of this section shall apply + with respect to any period of service by the individual under + such an appointment, including service before the effective + date of such amendment.''. + (d) Title 38 Employees.-- + (1) In general.--Section 7425 of title 38, United States + Code, is amended-- + (A) in subsection (b), by striking + ``Notwithstanding'' and inserting ``Except as provided + in subsection (c), and notwithstanding''; and + (B) by adding at the end the following: + ``(c) Notwithstanding any other provision of this subchapter, the +Administration shall provide to individuals appointed to any position +described in section 7421(b) who are employed by the Administration +family and medical leave in the same manner, to the maximum extent +practicable, as family and medical leave is provided under subchapter V +of chapter 63 of title 5 to employees, as defined in section 6381(1) of +such title.''. + (2) Applicability.--The amendments made by paragraph (1) + shall not be effective with respect to any event for which + leave may be taken under subchapter V of chapter 63 of title 5, + United States Code, occurring before October 1, 2020. + (e) Article I Judges.-- + (1) Bankruptcy judges.--Section 153(d) of title 28, United + States Code, is amended-- + (A) by striking ``A bankruptcy judge'' and + inserting ``(1) Except as provided in paragraph (2), a + bankruptcy judge''; and + (B) by adding at the end the following: + ``(2) The provisions of subchapter V of chapter 63 of title 5 shall +apply to a bankruptcy judge as if the bankruptcy judge were an employee +(within the meaning of subparagraph (A) of section 6381(1) of such +title).''. + (2) Magistrate judges.--Section 631(k) of title 28, United + States Code, is amended-- + (A) by striking ``A United States magistrate + judge'' and inserting ``(1) Except as provided in + paragraph (2), a United States magistrate judge''; and + (B) by adding at the end the following: + ``(2) The provisions of subchapter V of chapter 63 of title 5 shall +apply to a United States magistrate judge as if the United States +magistrate judge were an employee (within the meaning of subparagraph +(A) of section 6381(1) of such title).''. + (3) Applicability.--The amendments made by this subsection + shall not be effective with respect to any birth or placement + occurring before October 1, 2020. + (f) Technical Corrections.-- + (1) Section 7605 of the National Defense Authorization Act + for Fiscal Year 2020 (Public Law 116-92) is amended by striking + ``on active duty'' each place it appears and inserting ``on + covered active duty''. + (2) Subparagraph (E) of section 6382(d)(2) of title 5, + United States Code, as added by section 7602 of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116- + 92), is amended by striking ``the requirement to complete'' and + all that follows and inserting ``the service requirement under + subparagraph (B) of section 6381(1).''. + (3) Section 202(d)(2)(B) of the Congressional + Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as amended + by section 7603 of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92), is amended by inserting + ``accrued'' before ``sick leave''. + (g) Effective Date.--The amendments made by this section shall take +effect as if enacted immediately after the enactment of the National +Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92). + +SEC. 1102. LIMITATION ON AUTHORITY TO EXCLUDE EMPLOYEES FROM CHAPTER 71 + OF TITLE 5. + + None of the funds authorized to be appropriated by this Act or +otherwise made available for fiscal year 2021 for the Department of +Defense may be used to carry out the authority provided under section +7103(b) of title 5, United States Code, to exclude the Department of +Defense or any agency or subdivision thereof from coverage under +chapter 71 of such title. + +SEC. 1103. AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES IN + CONNECTION WITH TRANSFER CEREMONIES OF DEPARTMENT OF + DEFENSE AND COAST GUARD CIVILIAN EMPLOYEES WHO DIE + OVERSEAS. + + (a) Travel and Transportation Allowances.-- + (1) In general.--Subchapter II of chapter 75 of title 10, + United States Code, is amended by adding at the end the + following new section: +``Sec. 1492. Authority to provide travel and transportation allowances + in connection with transfer ceremonies of department of + defense and coast guard civilian employees who die + overseas + ``The Secretary of the military department concerned, the agency +head of a Defense Agency or Department of Defense Field Activity, or +the Secretary of Homeland Security, as appropriate, may provide round +trip travel and transportation allowances in connection with ceremonies +for the transfer of a Department of Defense or Coast Guard civilian +employee who dies while located or serving overseas to eligible +relatives and provide for the accompaniment of such persons to the same +extent as the Secretary of Defense may provide such travel and +transportation allowances and accompaniment services to such persons +with respect to a deceased service member under chapter 8 of title +37.''. + (2) Clerical amendment.--The table of contents at the + beginning of such subchapter is amended by adding at the end + the following new item: + +``1492. Authority to provide travel and transportation allowances in + connection with transfer ceremonies of + department of defense and coast guard + civilian employees who die overseas.''. + (b) Technical Amendments.--Section 481f(d) of title 37, United +States Code, is amended-- + (1) in the subsection heading, by striking ``Transportation + to'' and inserting ``Travel and Transportation Allowances in + Connection With''; and + (2) in paragraph (1) in the matter preceding subparagraph + (A), by striking ``transportation to'' and inserting ``travel + and transportation allowances in connection with''. + +SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION + ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR + FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS. + + Subsection (a) of section 1101 of the Duncan Hunter National +Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 +Stat. 4615), as most recently amended by section 1105 of the National +Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is +further amended by striking ``through 2020'' and inserting ``through +2021''. + +SEC. 1105. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT + ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN + PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. + + Paragraph (2) of section 1603(a) of the Emergency Supplemental +Appropriations Act for Defense, the Global War on Terror, and Hurricane +Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section +1102 of the Duncan Hunter National Defense Authorization Act for Fiscal +Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently +amended by section 1104 of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92), is further amended by striking +``2021'' and inserting ``2022''. + +SEC. 1106. LIMITING THE NUMBER OF LOCAL WAGE AREAS DEFINED WITHIN A PAY + LOCALITY. + + (a) Local Wage Area Limitation.--Section 5343(a) of title 5, United +States Code, is amended-- + (1) in paragraph (1)(B)(i), by striking ``(but such'' and + all that follows through ``are employed)''; + (2) in paragraph (4), by striking ``and'' after the + semicolon; + (3) in paragraph (5), by striking the period at the end and + inserting ``; and''; and + (4) by adding at the end of the following: + ``(6) the Office of Personnel Management may define not + more than 1 local wage area within a pay locality, except that + this paragraph shall not apply to the pay locality designated + as `Rest of United States'.''. + (b) Pay Locality Defined.--Section 5342(a) of title 5, United +States Code, is amended-- + (1) in paragraph (2)(C), by striking ``and'' at the end; + (2) in paragraph (3), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(4) `pay locality' has the meaning given that term under + section 5302(5).''. + (c) Regulations.--The Director of the Office of Personnel +Management shall prescribe any regulations necessary to carry out this +section and the amendments made by this section, including regulations +to ensure that this section and the amendments made by this section +shall not have the effect of reducing any rate of basic pay payable to +any individual who is serving as a prevailing rate employee (as defined +under section 5342(a)(2) of title 5, United States Code). + (d) Effective Date.--This section and the amendments made by this +section shall apply with respect to fiscal year 2022 and each fiscal +year thereafter. + +SEC. 1107. CIVILIAN FACULTY AT THE DEFENSE SECURITY COOPERATION + UNIVERSITY AND INSTITUTE OF SECURITY GOVERNANCE. + + Section 1595(c) of title 10, United States Code, is amended by +adding at the end the following: + ``(6) The Defense Security Cooperation University. + ``(7) The Defense Institute for Security Governance.''. + +SEC. 1108. EXPANSION OF AUTHORITY FOR APPOINTMENT OF RECENTLY-RETIRED + MEMBERS OF THE ARMED FORCES TO POSITIONS AT CERTAIN + INDUSTRIAL BASE FACILITIES. + + (a) In General.--Subsection (b) of section 3326 of title 5, United +States Code, is amended-- + (1) in paragraph (1), by striking ``or'' at the end; + (2) in paragraph (2), by striking the period at the end and + inserting ``; or''; and + (3) by adding at the end the following: + ``(3) the proposed appointment is to a position in the + competitive service-- + ``(A) at any industrial base facility (as that term + is defined in section 2208(u)(3) of title 10) that is + part of the core logistics capabilities (as described + in section 2464(a) of such title); and + ``(B) that has been certified by the Secretary + concerned as lacking sufficient numbers of qualified + applicants.''. + (b) Limitation on Delegation of Certification Authority.--Such +section 3326 is further amended by adding at the end the following: + ``(d) The authority to make a certification described in subsection +(b)(3) may not be delegated to an individual with a grade lower than +colonel, or captain in the Navy, or an inriviaul with an equivalent +civilian grade.''. + (c) Sense of Congress.--It is the sense of Congress that the +amendments made by subsections (a) and (b) shall supplement, and not +provide any exception to, the competitive hiring process for the +Federal civil service. + +SEC. 1109. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE DEMONSTRATION + PROJECT. + + (a) In General.--Not later than 180 days after the date of +enactment of this Act, the Commander, Navy Region Mid-Atlantic, shall +establish and carry out, for a period of not less than 5 years, a Fire +Fighters Alternative Work Schedule demonstration project for the Navy +Region Mid-Atlantic Fire and Emergency Services. Such demonstration +project shall provide, with respect to each Services employee, that-- + (1) assignments to tours of duty are scheduled in advance + over periods of not less than 2 weeks; + (2) tours of duty are scheduled using a regularly recurring + pattern of 48-hour shifts followed by 48 or 72 consecutive non- + work hours, as determined by mutual agreement between the Navy + Region Mid-Atlantic and the exclusive employee representative + at each Navy Region Mid-Atlantic Installation, in such a manner + that each employee is regularly scheduled for 144-hours in any + 2-week period; + (3) for any such employee that is a fire fighter working an + alternative work schedule, such employee shall earn overtime + compensation in a manner consistent with other applicable law + and regulation; + (4) no right shall be established to any form of premium + pay, including night, Sunday, holiday, or hazard duty pay; and + (5) leave accrual and use shall be consistent with other + applicable law and regulation. + (b) Report.--Not later than 180 days following the end of such +demonstration project, the Commander, Navy Region Mid-Atlantic, shall +submit a report to the Committees on Armed Services of the House of +Representatives and the Senate detailing-- + (1) any financial savings or expenses directly and + inseparably linked to the demonstration project; + (2) any intangible quality of life and morale improvements + achieved by the demonstration project; and + (3) any adverse impact of the demonstration project + occurring solely as the result of the transition to the + demonstration project. + +SEC. 1110. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION + PAYMENTS AND OTHER PAYMENTS FOR FEDERAL GOVERNMENT + PERSONNEL UNDER CHIEF OF MISSION AUTHORITY. + + Section 901 of title IX of division J of the Further Consolidated +Appropriations Act, 2020 (Public Law 116-94; 22 U.S.C. 2680b) is +amended-- + (1) in subsection (a), by inserting ``or the head of any + other Federal agency'' after ``The Secretary of State''; + (2) in subsection (e)(2)-- + (A) by striking ``the Department of State'' and + inserting ``the Federal Government''; and + (B) by inserting after ``subsection (f)'' the + following: ``, but does not include an individual + receiving compensation under section 19A of the Central + Intelligence Agency Act of 1949 (50 U.S.C. 3519b)''; + and + (3) in subsection (h)(2), by striking the first sentence + and inserting the following: ``Nothing in this section shall + limit, modify, or otherwise supersede chapter 81 of title 5, + United States Code, the Defense Base Act (42 U.S.C. 1651 et + seq.), or section 19A of the Central Intelligence Agency Act of + 1949 (50 U.S.C. 3519b).''. + +SEC. 1111. RESTORATION OF ANNUAL LEAVE DUE TO A PANDEMIC. + + (a) In General.--Section 6304(d) of title 5, United States Code, is +amended by adding at the end the following new paragraph: + ``(5) For the purposes of this subsection, the service of + an employee during a pandemic shall be deemed to be an exigency + of the public business, and any leave that, by reason of such + service, is lost by the employee by operation of this section + (regardless of whether such leave was scheduled) shall be + restored to the employee and shall be credited and available in + accordance with paragraph (2).''. + (b) Applicability.--The amendment made by subsection (a) shall +apply to any leave lost on or after the date of enactment of this Act. + +SEC. 1112. PROHIBITION ON DOWNLOADING OR USING TIKTOK BY FEDERAL + EMPLOYEES. + + (a) In General.--Except as provided in subsection (b), no employee +of the United States, officer of the United States, Member of Congress, +congressional employee, or officer or employee of a government +corporation may download or use TikTok or any successor application +developed by ByteDance or any entity owned by ByteDance on any device +issued by the United States or a government corporation. + (b) Exception.--Subsection (a) shall not apply to any +investigation, cybersecurity research activity, enforcement action, +disciplinary action, or intelligence activity. + +SEC. 1113. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED STATES PATENT + AND TRADEMARK OFFICE. + + (a) In General.--Section 5711 of title 5, United States Code, is +amended-- + (1) in the section heading, by striking ``test''; + (2) in subsection (f)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A), by striking ``committee'' and inserting + ``committees''; and + (ii) in subparagraph (B), by striking + ``Government''; + (B) in paragraph (2)-- + (i) by striking ``test''; and + (ii) by striking ``section, including the + provision of reports in accordance with + subsection (d)(1)'' and inserting + ``subsection''; + (C) in paragraph (4)(B), in the matter preceding + clause (i), by inserting ``and maintain'' after + ``develop''; and + (D) in paragraph (5)-- + (i) in subparagraph (A), by striking + ``test''; and + (ii) by striking subparagraph (B) and + inserting the following: + ``(B) The Director of the Patent and Trademark Office shall prepare +and submit to the appropriate committees of Congress an annual report +on the operation of the program under this subsection, which shall +include-- + ``(i) the costs and benefits of the program; and + ``(ii) an analysis of the effectiveness of the program, as + determined under criteria developed by the Director.''; and + (3) in subsection (g), by striking ``this section'' and + inserting ``subsection (b)''. + (b) Technical and Conforming Amendments.--The table of sections for +subchapter I of chapter 57 of title 5, United States Code, is amended +by striking the item relating to section 5711 and inserting the +following: + +``5711. Authority for telework travel expenses programs.''. + +SEC. 1114. EXTENSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT + OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD OR DOCKSIDE + IN SUPPORT OF THE NUCLEAR-POWERED AIRCRAFT CARRIER + FORWARD DEPLOYED IN JAPAN. + + Section 5542(a)(6)(B) of title 5, United States Code, is amended by +striking ``September 30, 2021'' and inserting ``September 30, 2026''. + +SEC. 1115. VACANCY OF INSPECTOR GENERAL POSITIONS. + + (a) In General.--Section 3345 of title 5, United States Code, is +amended by adding at the end the following: + ``(d)(1) Notwithstanding subsection (a), if an Inspector General +position that requires appointment by the President by and with the +advice and consent of the Senate to be filled is vacant, the first +assistant of such position shall perform the functions and duties of +the Inspector General temporarily in an acting capacity subject to the +time limitations of section 3346. + ``(2) Notwithstanding subsection (a), if for purposes of carrying +out paragraph (1) of this subsection, by reason of absence, disability, +or vacancy, the first assistant to the position of Inspector General is +not available to perform the functions and duties of the Inspector +General, an acting Inspector General shall be appointed by the +President from among individuals serving in an office of any Inspector +General, provided that-- + ``(A) during the 365-day period preceding the date of + death, resignation, or beginning of inability to serve of the + applicable Inspector General, the individual served in a + position in an office of any Inspector General for not less + than 90 days; and + ``(B) the rate of pay for the position of such individual + is equal to or greater than the minimum rate of pay payable for + a position at GS-15 of the General Schedule.''. + (b) Application.--The amendment made by subsection (a) shall apply +to any vacancy first occurring with respect to an Inspector General +position on or after the date of enactment of this Act. + +Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act + of 2020 + +SEC. 1121. SHORT TITLE. + + This subtitle may be cited as the ``Elijah E. Cummings Federal +Employee Antidiscrimination Act of 2020''. + +SEC. 1122. SENSE OF CONGRESS. + + Section 102 of the Notification and Federal Employee +Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is +amended-- + (1) by striking paragraph (4) and inserting the following: + ``(4) accountability in the enforcement of the rights of + Federal employees is furthered when Federal agencies agree to + take appropriate disciplinary action against Federal employees + who are found to have intentionally committed discriminatory + (including retaliatory) acts;''; and + (2) in paragraph (5)(A)-- + (A) by striking ``nor is accountability'' and + inserting ``accountability is not''; and + (B) by inserting ``for what, by law, the agency is + responsible'' after ``under this Act''. + +SEC. 1123. NOTIFICATION OF VIOLATION. + + Section 202 of the Notification and Federal Employee +Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is +amended by adding at the end the following: + ``(d) Notification of Final Agency Action.-- + ``(1) In general.--Not later than 90 days after the date on + which an event described in paragraph (2) occurs with respect + to a finding of discrimination (including retaliation), the + head of the Federal agency subject to the finding shall provide + notice-- + ``(A) on the public internet website of the agency, + in a clear and prominent location linked directly from + the home page of that website; + ``(B) stating that a finding of discrimination + (including retaliation) has been made; and + ``(C) which shall remain posted for not less than 1 + year. + ``(2) Events described.--An event described in this + paragraph is any of the following: + ``(A) All appeals of a final action by a Federal + agency involving a finding of discrimination (including + retaliation) prohibited by a provision of law covered + by paragraph (1) or (2) of section 201(a) have been + exhausted. + ``(B) All appeals of a final decision by the Equal + Employment Opportunity Commission involving a finding + of discrimination (including if the finding included a + finding of retaliation) prohibited by a provision of + law covered by paragraph (1) or (2) of section 201(a) + have been exhausted. + ``(C) A court of jurisdiction issues a final + judgment involving a finding of discrimination + (including retaliation) prohibited by a provision of + law covered by paragraph (1) or (2) of section 201(a). + ``(3) Contents.--A notification provided under paragraph + (1) with respect to a finding of discrimination (including + retaliation) shall-- + ``(A) identify the date on which the finding was + made, the date on which each discriminatory act + occurred, and the law violated by each such + discriminatory act; and + ``(B) advise Federal employees of the rights and + protections available under the provisions of law + covered by paragraphs (1) and (2) of section 201(a).''. + +SEC. 1124. REPORTING REQUIREMENTS. + + (a) Electronic Format Requirement.-- + (1) In general.--Section 203(a) of the Notification and + Federal Employee Antidiscrimination and Retaliation Act of 2002 + (5 U.S.C. 2301 note) is amended in the matter preceding + paragraph (1)-- + (A) by inserting ``Homeland Security and'' before + ``Governmental Affairs''; + (B) by striking ``on Government Reform'' and + inserting ``on Oversight and Reform''; and + (C) by inserting ``(in an electronic format + prescribed by the Director of the Office of Personnel + Management),'' after ``an annual report''. + (2) Effective date.--The amendment made by paragraph (1)(C) + shall take effect on the date that is 1 year after the date of + enactment of this Act. + (3) Transition period.--Notwithstanding the requirements of + section 203(a) of the Notification and Federal Employee + Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 + note), the report required under such section 203(a) may be + submitted in an electronic format, as prescribed by the + Director of the Office of Personnel Management, during the + period beginning on the date of enactment of this Act and + ending on the effective date in paragraph (2). + (b) Reporting Requirement for Disciplinary Action.--Section 203 of +the Notification and Federal Employee Antidiscrimination and +Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at +the end the following: + ``(c) Disciplinary Action Report.--Not later than 120 days after +the date on which a Federal agency takes final action, or a Federal +agency receives a final decision issued by the Equal Employment +Opportunity Commission, involving a finding of discrimination +(including retaliation) in violation of a provision of law covered by +paragraph (1) or (2) of section 201(a), as applicable, the applicable +Federal agency shall submit to the Commission a report stating-- + ``(1) whether disciplinary action has been proposed against + a Federal employee as a result of the violation; and + ``(2) the reasons for any disciplinary action proposed + under paragraph (1).''. + +SEC. 1125. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES. + + Section 301(b) of the Notification and Federal Employee +Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is +amended-- + (1) in paragraph (9)-- + (A) in subparagraph (A), by striking ``and'' at the + end; + (B) in subparagraph (B)(ii), by striking the period + at the end and inserting ``, and''; and + (C) by adding at the end the following: + ``(C) with respect to each finding described in + subparagraph (A)-- + ``(i) the date of the finding, + ``(ii) the affected Federal agency, + ``(iii) the law violated, and + ``(iv) whether a decision has been made + regarding disciplinary action as a result of + the finding.''; and + (2) by adding at the end the following: + ``(11) Data regarding each class action complaint filed + against the agency alleging discrimination (including + retaliation), including-- + ``(A) information regarding the date on which each + complaint was filed, + ``(B) a general summary of the allegations alleged + in the complaint, + ``(C) an estimate of the total number of plaintiffs + joined in the complaint, if known, + ``(D) the current status of the complaint, + including whether the class has been certified, and + ``(E) the case numbers for the civil actions in + which discrimination (including retaliation) has been + found.''. + +SEC. 1126. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY + COMMISSION. + + Section 302(b) of the Notification and Federal Employee +Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is +amended by striking ``(10)'' and inserting ``(11)''. + +SEC. 1127. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND + RETALIATION ACT OF 2002 AMENDMENTS. + + (a) Notification Requirements.--Title II of the Notification and +Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 +U.S.C. 2301 note) is amended by adding at the end the following: + +``SEC. 207. COMPLAINT TRACKING. + + ``Not later than 1 year after the date of enactment of the Elijah +E. Cummings Federal Employee Antidiscrimination Act of 2020, each +Federal agency shall establish a system to track each complaint of +discrimination arising under section 2302(b)(1) of title 5, United +States Code, and adjudicated through the Equal Employment Opportunity +process from the filing of a complaint with the Federal agency to +resolution of the complaint, including whether a decision has been made +regarding disciplinary action as the result of a finding of +discrimination. + +``SEC. 208. NOTATION IN PERSONNEL RECORD. + + ``If a Federal agency takes an adverse action covered under section +7512 of title 5, United States Code, against a Federal employee for an +act of discrimination (including retaliation) prohibited by a provision +of law covered by paragraph (1) or (2) of section 201(a), the agency +shall, after all appeals relating to that action have been exhausted, +include a notation of the adverse action and the reason for the action +in the personnel record of the employee.''. + (b) Processing and Referral.--The Notification and Federal Employee +Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is +amended by adding at the end the following: + + ``TITLE IV--PROCESSING AND REFERRAL + +``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS. + + ``Each Federal agency shall-- + ``(1) be responsible for the fair and impartial processing + and resolution of complaints of employment discrimination + (including retaliation) prohibited by a provision of law + covered by paragraph (1) or (2) of section 201(a); and + ``(2) establish a model Equal Employment Opportunity + Program that-- + ``(A) is not under the control, either structurally + or practically, of the agency's Office of Human Capital + or Office of the General Counsel (or the equivalent); + ``(B) is devoid of internal conflicts of interest + and ensures fairness and inclusiveness within the + agency; and + ``(C) ensures the efficient and fair resolution of + complaints alleging discrimination (including + retaliation). + +``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL. + + ``Nothing in this title shall prevent a Federal agency or a +subcomponent of a Federal agency, or the Department of Justice, from +providing advice or counsel to employees of that agency (or +subcomponent, as applicable) in the resolution of a complaint. + +``SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY. + + ``The head of each Federal agency's Equal Employment Opportunity +Program shall report directly to the head of the agency. + +``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION. + + ``(a) EEOC Findings of Discrimination.-- + ``(1) In general.--Not later than 30 days after the date on + which the Equal Employment Opportunity Commission (referred to + in this section as the `Commission') receives, or should have + received, a Federal agency report required under section + 203(c), the Commission may refer the matter to which the report + relates to the Office of Special Counsel if the Commission + determines that the Federal agency did not take appropriate + action with respect to the finding that is the subject of the + report. + ``(2) Notifications.--The Commission shall-- + ``(A) notify the applicable Federal agency if the + Commission refers a matter to the Office of Special + Counsel under paragraph (1); and + ``(B) with respect to a fiscal year, include in the + Annual Report of the Federal Workforce of the + Commission covering that fiscal year-- + ``(i) the number of referrals made under + paragraph (1) during that fiscal year; and + ``(ii) a brief summary of each referral + described in clause (i). + ``(b) Referrals to Special Counsel.--The Office of Special Counsel +shall accept and review a referral from the Commission under subsection +(a)(1) for purposes of pursuing disciplinary action under the authority +of the Office against a Federal employee who commits an act of +discrimination (including retaliation). + ``(c) Notification.--The Office of Special Counsel shall notify the +Commission and the applicable Federal agency in a case in which-- + ``(1) the Office of Special Counsel pursues disciplinary + action under subsection (b); and + ``(2) the Federal agency imposes some form of disciplinary + action against a Federal employee who commits an act of + discrimination (including retaliation). + ``(d) Special Counsel Approval.--A Federal agency may not take +disciplinary action against a Federal employee for an alleged act of +discrimination (including retaliation) referred by the Commission under +this section, except in accordance with the requirements of section +1214(f) of title 5, United States Code.''. + (c) Conforming Amendments.--The table of contents in section 1(b) +of the Notification and Federal Employee Antidiscrimination and +Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended-- + (1) by inserting after the item relating to section 206 the + following: + +``Sec. 207. Complaint tracking. +``Sec. 208. Notation in personnel record.''; and + (2) by adding at the end the following: + + ``TITLE IV--PROCESSING AND REFERRAL + +``Sec. 401. Processing and resolution of complaints. +``Sec. 402. No limitation on advice or counsel. +``Sec. 403. Head of Program supervised by head of agency. +``Sec. 404. Referrals of findings of discrimination.''. + +SEC. 1128. NONDISCLOSURE AGREEMENT LIMITATION. + + Section 2302(b)(13) of title 5, United States Code, is amended-- + (1) by striking ``agreement does not'' and inserting the + following: ``agreement-- + ``(A) does not''; + (2) in subparagraph (A), as so designated, by inserting + ``or the Office of Special Counsel'' after ``Inspector + General''; and + (3) by adding at the end the following: + ``(B) prohibits or restricts an employee or + applicant for employment from disclosing to Congress, + the Special Counsel, the Inspector General of an + agency, or any other agency component responsible for + internal investigation or review any information that + relates to any violation of any law, rule, or + regulation, or mismanagement, a gross waste of funds, + an abuse of authority, or a substantial and specific + danger to public health or safety, or any other + whistleblower protection; or''. + + Subtitle C--Office of the National Cyber Director + +SEC. 1131. SHORT TITLE. + + This subtitle may be cited as the ``National Cyber Director Act''. + +SEC. 1132. NATIONAL CYBER DIRECTOR. + + (a) Establishment.--There is established, within the Executive +Office of the President, the Office of the National Cyber Director (in +this section referred to as the ``Office''). + (b) National Cyber Director.-- + (1) In general.--The Office shall be headed by the National + Cyber Director (in this section referred to as the + ``Director'') who shall be appointed by the President, by and + with the advice and consent of the Senate. The Director shall + hold office at the pleasure of the President, and shall be + entitled to receive the same pay and allowances as are provided + for level I of the Executive Schedule under section 5312 of + title 5, United States Code. + (2) Deputy directors.--There shall be two Deputy National + Cyber Directors, to be appointed by the President, who shall + hold office at the pleasure of the President, and who shall + report to the Director, as follows: + (A) The Deputy National Cyber Director for + Strategy, Capabilities, and Budget. + (B) The Deputy National Cyber Director for Plans + and Operations. + (c) Duties of the National Cyber Director.-- + (1) In general.--Subject to the authority, direction, and + control of the President, the Director shall-- + (A) serve as the principal advisor to the President + on cybersecurity strategy and policy; + (B) in consultation with appropriate Federal + departments and agencies, develop the United States' + National Cyber Strategy, which shall include elements + related to Federal departments and agencies-- + (i) information security; and + (ii) programs and policies intended to + improve the United States' cybersecurity + posture; + (C) in consultation with appropriate Federal + departments and agencies and upon approval of the + National Cyber Strategy by the President, supervise + implementation of the strategy by-- + (i) in consultation with the Director of + the Office of Management and Budget, monitoring + and assessing the effectiveness, including + cost-effectiveness, of Federal departments and + agencies' implementation of the strategy; + (ii) making recommendations relevant to + changes in the organization, personnel and + resource allocation, and policies of Federal + departments and agencies to the Director of the + Office of Management and Budget and heads of + such departments and agencies in order to + implement the strategy; + (iii) reviewing the annual budget proposal + for each Federal department or agency and + certifying to the head of each Federal + department or agency and the Director of the + Office Management and Budget whether the + department or agency proposal is consistent + with the strategy; + (iv) continuously assessing and making + relevant recommendations to the President on + the appropriate level of integration and + interoperability across the Federal + cybersecurity operations centers; + (v) coordinating with the Federal Chief + Information Officer, the Federal Chief + Information Security Officer, the Director of + the Cybersecurity and Infrastructure Security + Agency, and the Director of National Institute + of Standards and Technology on the development + and implementation of policies and guidelines + related to issues of Federal department and + agency information security; and + (vi) reporting annually to the President + and the Congress on the state of the United + States' cybersecurity posture, the + effectiveness of the strategy, and the status + of Federal departments and agencies' + implementation of the strategy; + (D) lead joint interagency planning for the Federal + Government's integrated response to cyberattacks and + cyber campaigns of significant consequence, to + include-- + (i) coordinating with relevant Federal + departments and agencies in the development of, + for the approval of the President, joint, + integrated operational plans, processes, and + playbooks for incident response that feature-- + (I) clear lines of authority and + lines of effort across the Federal + Government; + (II) authorities that have been + delegated to an appropriate level to + facilitate effective operational + responses across the Federal + Government; and + (III) support for the integration + of defensive cyber plans and + capabilities with offensive cyber plans + and capabilities in a manner consistent + with improving the United States' + cybersecurity posture; + (ii) exercising these operational plans, + processes, and playbooks; + (iii) updating these operational plans, + processes, and playbooks for incident response + as needed in coordination with ongoing + offensive cyber plans and operations; and + (iv) ensuring these plans, processes, and + playbooks are properly coordinated with + relevant private sector entities, as + appropriate; + (E) direct the Federal Government's response to + cyberattacks and cyber campaigns of significant + consequence, to include-- + (i) developing for the approval of the + President, with the heads of relevant Federal + departments and agencies independently or + through the National Security Council as + directed by the President, operational + priorities, requirements, and tasks; + (ii) coordinating, deconflicting, and + ensuring the execution of operational + activities in incident response; and + (iii) coordinating operational activities + with relevant private sector entities; + (F) coordinate and consult with private sector + leaders on cybersecurity and emerging technology issues + with the support of, and in coordination with, the + Cybersecurity and Infrastructure Security Agency and + other Federal departments and agencies, as appropriate; + (G) annually report to Congress on cybersecurity + threats and issues facing the nation, including any new + or emerging technologies that may impact national + security, economic prosperity, or enforcing the rule of + law; and + (H) be responsible for such other functions as the + President may direct. + (2) Delegation of authority.--The Director may-- + (A) serve as the senior representative on any body + that the President may establish for the purpose of + providing the President advice on cybersecurity; + (B) be empowered to convene National Security + Council, National Economic Council and Homeland + Security Council meetings, with the concurrence of the + National Security Advisor, Homeland Security Advisor, + or Director of the National Economic Council, as + appropriate; + (C) be included as a participant in preparations + for and, if appropriate, execution of cybersecurity + summits and other international meetings at which + cybersecurity is a major topic; + (D) delegate any of the Director's functions, + powers, and duties to such officers and employees of + the Office as he may designate; and + (E) authorize such successive re-delegations of + such functions, powers, and duties to such officers and + employees of the Office as he may deem appropriate. + (d) Attendance and Participation in National Security Council +Meetings.--Section 101(c)(2) of the National Security Act of 1947 (50 +U.S.C. 3021(c)(2)) is amended by striking ``and the Chairman of the +Joint Chiefs of Staff'' and inserting ``the Chairman of the Joint +Chiefs of Staff, and the National Cyber Director''. + (e) Powers of the Director.--The Director may, for the purposes of +carrying out the Director's functions under this section-- + (1) subject to the civil service and classification laws, + select, appoint, employ, and fix the compensation of such + officers and employees as are necessary and prescribe their + authority and duties, except that not more than 75 individuals + may be employed without regard to any provision of law + regulating the employment or compensation at rates not to + exceed the basic rate of basic pay payable for level IV of the + Executive Schedule under section 5315 of title 5, United States + Code; + (2) employ experts and consultants in accordance with + section 3109 of title 5, United States Code, and compensate + individuals so employed for each day (including travel time) at + rates not in excess of the maximum rate of basic pay for grade + GS-15 as provided in section 5332 of such title, and while such + experts and consultants are so serving away from their homes or + regular place of business, to pay such employees travel + expenses and per diem in lieu of subsistence at rates + authorized by section 5703 of such title 5 for persons in + Federal Government service employed intermittently; + (3) promulgate such rules and regulations as may be + necessary to carry out the functions, powers, and duties vested + in the Director; + (4) utilize, with their consent, the services, personnel, + and facilities of other Federal agencies; + (5) enter into and perform such contracts, leases, + cooperative agreements, or other transactions as may be + necessary in the conduct of the work of the Office and on such + terms as the Director may determine appropriate, with any + Federal agency, or with any public or private person or entity; + (6) accept voluntary and uncompensated services, + notwithstanding the provisions of section 1342 of title 31, + United States Code; + (7) adopt an official seal, which shall be judicially + noticed; and + (8) provide, where authorized by law, copies of documents + to persons at cost, except that any funds so received shall be + credited to, and be available for use from, the account from + which expenditures relating thereto were made. + (f) Definitions.--In this section: + (1) Cybersecurity posture.--The term ``cybersecurity + posture'' means the ability to identify and protect, and + detect, respond to and recover from intrusions in, information + systems the compromise of which could constitute a cyber attack + or cyber campaign of significant consequence. + (2) Cyber attacks and cyber campaigns of significant + consequence.--The term ``cyber attacks and cyber campaigns of + significant consequence'' means an incident or series of + incidents that have the purpose or effect of-- + (A) causing a significant disruption to the + availability of a Federal information system; + (B) harming, or otherwise significantly + compromising the provision of service by, a computer or + network of computers that support one or more entities + in a critical infrastructure sector; + (C) significantly compromising the provision of + services by one or more entities in a critical + infrastructure sector; + (D) causing a significant misappropriation of funds + or economic resources, trade secrets, personal + identifiers, or financial information for commercial or + competitive advantage or private financial gain; or + (E) otherwise constituting a significant threat to + the national security, foreign policy, or economic + health or financial stability of the United States. + (3) Incident.--The term ``incident'' has the meaning given + that term in section 3552 of title 44, United States Code. + (4) Information security.--The term ``information + security'' has the meaning given that term in section 3552 of + title 44, United States Code. + + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS + + Subtitle A--Assistance and Training + +SEC. 1201. MODIFICATION AND EXTENSION OF SUPPORT OF SPECIAL OPERATIONS + FOR IRREGULAR WARFARE. + + (a) Authority.--Subsection (a) of section 1202 of the National +Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 +Stat. 1639) is amended-- + (1) by striking ``$10,000,000'' and inserting + ``$15,000,000''; and + (2) by striking ``2023'' and inserting ``2025''. + (b) Notification.--Subsection (d)(2) of such section is amended-- + (1) by redesignating subparagraph (E) as subparagraph (G); + (2) by inserting after subparagraph (D) the following: + ``(E) A description of steps taken to ensure the + support is consistent with other United States + diplomatic and security interests, including issues + related to local political dynamics, civil-military + relations, and human rights. + ``(F) A description of steps taken to ensure that + the recipients of the support have not and will not + engage in human rights violations or violations of the + Geneva Conventions of 1949, including vetting, + training, and support for adequately investigating + allegations of violations and removing support in case + of credible reports of violations.''; and + (3) in clause (i) of subparagraph (G), as redesignated, to + read as follows: + ``(i) An introduction of United States + Armed Forces (including as such term is defined + in section 8(c) of the War Powers Resolution + (50 U.S.C. 1547(c))) into hostilities, or into + situations where hostilities are clearly + indicated by the circumstances, without + specific statutory authorization within the + meaning of section 5(b) of such Resolution (50 + U.S.C. 1544(b)).''. + (c) Construction of Authority.--Subsection (f)(2) of such section +is amended by striking ``of section 5(b)''. + (d) Clarification.--Such section, as so amended, is further +amended-- + (1) by redesignating subsections (g), (h), and (i) as + subsections (h), (i), and (j), respectively; and + (2) by inserting after subsection (f) the following: + ``(g) Clarification.--The provision of support to foreign forces, +irregular forces, groups, or individuals pursuant to subsection (a) +constitutes support to a unit of a foreign security force for purposes +of section 362 of title 10, United States Code.''. + +SEC. 1202. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN PROGRAM ON + MULTILATERAL EXCHANGE OF SURFACE TRANSPORTATION SERVICES. + + (a) In General.--Subchapter II of chapter 138 of title 10, United +States Code, is amended by adding at the end the following: +``Sec. 2350o. Participation in European Program on Multilateral + Exchange of Surface Transportation Services + ``(a) Participation Authorized.--(1) The Secretary of Defense may, +with the concurrence of the Secretary of State, authorize the +participation of the United States in the Surface Exchange of Services +program (in this section referred to as the `SEOS program') of the +Movement Coordination Centre Europe. + ``(2) Participation in the SEOS program under paragraph (1) may +include-- + ``(A) the reciprocal exchange or transfer of surface + transportation on a reimbursable basis or by replacement-in- + kind; or + ``(B) the exchange of surface transportation services of + equal value. + ``(b) Written Arrangements or Agreements.--(1) The participation of +the United States in the SEOS program under subsection (a) shall be in +accordance with a written arrangement or agreement entered into by the +Secretary of Defense, with the concurrence of the Secretary of State, +and the Movement Coordination Centre Europe. + ``(2) If facilities, equipment, or funds of the Department of +Defense are used to support the SEOS program, the written arrangement +or agreement entered into under paragraph (1) shall specify the details +of any equitable cost sharing or other funding arrangement. + ``(3) Any written arrangement or agreement entered into under +paragraph (1) shall require that any accrued credits and liabilities +resulting from an unequal exchange or transfer of surface +transportation services shall be liquidated, not less than once every +five years, through the SEOS program. + ``(c) Implementation.--In carrying out any arrangement or agreement +entered into under subsection (b)(1), the Secretary of Defense may-- + ``(1) from funds available to the Department of Defense for + operation and maintenance, pay the equitable share of the + United States for the operating expenses of the Movement + Coordination Centre Europe and the SEOS program; and + ``(2) assign members of the armed forces or civilian + personnel of the Department of Defense, from among members and + personnel within billets authorized for the United States + European Command, to duty at the Movement Coordination Centre + Europe as necessary to fulfill the obligations of the United + States under that arrangement or agreement. + ``(d) Crediting of Receipts.--Any amount received by the United +States as part of the SEOS program shall be credited, at the option of +the Secretary of Defense, to-- + ``(1) the appropriation, fund, or account used in incurring + the obligation for which such amount is received; or + ``(2) an appropriate appropriation, fund, or account + currently available for the purposes for which the expenditures + were made. + ``(e) Expiration.--The authority provided by this section to +participate in the SEOS program shall expire five years after the date +on which the Secretary of Defense first enters into a written +arrangement or agreement under subsection (b). The Secretary shall +publish notice of such date on a public website of the Department of +Defense. + ``(f) Limitation on Statutory Construction.--Nothing in this +section may be construed to authorize the use of foreign sealift in +violation of section 2631 of this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by adding at the end the following new item: + +``2350o. Participation in European program on multilateral exchange of + surface transportation services.''. + +SEC. 1203. EXTENSION OF AUTHORITY TO TRANSFER EXCESS HIGH MOBILITY + MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES. + + Section 1276 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1699) is amended-- + (1) in subsection (b)(2)-- + (A) in subparagraph(A), by adding at the end the + following: ``Such description may include, if + applicable, a description of the priority United States + security or defense cooperation interest with the + recipient country that is fulfilled by the waiver.''; + and + (B) by striking subparagraph (B) and inserting the + following: + ``(B) An explanation of why it is in the national + interests of the United States to make the transfer + notwithstanding the requirements of subsection + (a)(1).''; and + (2) in subsection (c)(2), by striking ``three'' and + inserting ``five''. + +SEC. 1204. MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT OF + DEFENSE FREEDOM OF NAVIGATION REPORT. + + (a) In General.--Subsection (a) of section 1275 of the National +Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 +Stat. 2540) is amended-- + (1) by striking ``an annual basis'' and inserting ``a + biannual basis''; and + (2) by striking ``the previous year'' and inserting ``the + previous 6 months''. + (b) Elements.--Subsection (b) of such section is amended-- + (1) in the matter preceding paragraph (1), by striking + ``the year'' and inserting ``the period''; + (2) in paragraph (1), by inserting ``the number of maritime + and overflight challenges to each such claim and'' before ``the + country''; + (3) in paragraph (5), by inserting ``have been protested by + the United States but'' before ``have not been challenged''; + and + (4) by adding at the end the following: + ``(6) A summary of each excessive maritime claim challenged + jointly with international partners and allies.''. + (c) Form.--Subsection (c) of such section is amended by adding at +the end before the period the following: ``and made publicly +available''. + (d) Sunset.--Subsection (d) of such section is amended by striking +``December 31, 2021'' and inserting ``December 31, 2025''. + (e) Conforming Amendment.--The heading of such section is amended +by striking ``annual'' and inserting ``biannual''. + +SEC. 1205. EXTENSION OF REPORT ON WORKFORCE DEVELOPMENT. + + Section 1250(b)(1) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2529) is amended by +striking ``through 2021'' and inserting ``through 2026''. + +SEC. 1206. REPORT ON HUMAN RIGHTS AND BUILDING PARTNER CAPACITY + PROGRAMS. + + (a) In General.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretary of State, shall submit to the appropriate congressional +committees a report identifying units of national security forces of +foreign countries that-- + (1) have participated in programs under the authority of + section 333 of title 10, United States Code, during any of + fiscal years 2017 through 2020; and + (2) are subject to United States sanctions relating to + gross violations of internationally recognized human rights + under any other provision of law, including as described in the + annual Department of State's Country Reports on Human Rights + Practices. + (b) Matters To Be Included.--The report required by subsection (a) +should include recommendations to improve human rights training and +additional measures that can be adopted to prevent violations of human +rights under any other provision of law. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate; and + (2) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives. + +SEC. 1207. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION + ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE UNITED + STATES. + + Subsection (h) of section 1210A of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1628) is amended by striking ``December 31, 2020'' and inserting +``December 31, 2021''. + + Subtitle B--Matters Relating to Afghanistan and Pakistan + +SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF + CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED + STATES MILITARY OPERATIONS. + + (a) Extension.--Subsection (a) of section 1233 of the National +Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 +Stat. 393) is amended by striking ``October 1, 2019, and ending on +December 31, 2020'' and inserting ``October 1, 2020, and ending on +December 31, 2021''. + (b) Modification to Limitation.--Subsection (d)(1) of such section +is amended-- + (1) by striking ``October 1, 2019, and ending on December + 31, 2020'' and inserting ``October 1, 2020, and ending on + December 31, 2021''; and + (2) by striking ``$450,000,000'' and inserting + ``$180,000,000''. + +SEC. 1212. EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM. + + (a) In General.--Section 602(b)(3)(F) of the Afghan Allies +Protection Act of 2009 (8 U.S.C. 1101 note) is amended-- + (1) in the heading, by striking ``2020'' and inserting + ``2021''; + (2) in clause (i), by striking ``December 31, 2021'' and + inserting ``December 31, 2022''; and + (3) in clause (ii), the striking ``December 31, 2021'' + inserting ``December 31, 2022''. + (b) Report Extension.--Section 602(b)(13) of such Act (8 U.S.C. +1101 note) is amended by striking ``January 31, 2021'' and inserting +``January 31, 2023''. + +SEC. 1213. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO + AFGHANISTAN. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) it is in the national security interests of the United + States to deny terrorists safe haven in Afghanistan, protect + the United States homeland, uphold the United States + partnership with the Government of Afghanistan and cooperation + with the Afghan National Defense and Security Forces, and + protect the hard-fought rights of women, girls, and other + vulnerable populations in Afghanistan; + (2) a rapid military drawdown and a lack of United States + commitment to the security and stability of Afghanistan would + undermine diplomatic efforts for peace; + (3) the current agreement between the United States and the + Taliban is not a substitute for a final intra-Afghan agreement + that provides for the appropriate protections for vulnerable + populations, creates conditions for the rejection of violence + and prevention of international terrorist safe havens, and + represents a durable diplomatic solution, based on verifiable + facts and conditions on the ground, that provides for long-term + stability; and + (4) the Administration has a constitutional obligation to + provide Congress with regular, timely, and comprehensive + information on the status of security operations and diplomatic + efforts in a form that can be transparently communicated to the + American people. + (b) Limitation.--Until the date on which the Secretary of Defense, +in concurrence with each covered official, submits the report described +in subsection (c) to the appropriate congressional committees, none of +the amounts authorized to be appropriated for fiscal year 2020 or 2021 +for the Department of Defense may be obligated or expended for any +activity having either of the following effects: + (1) Reducing the total number of Armed Forces deployed to + Afghanistan below the lesser of-- + (A) 8,000; or + (B) the total number of the Armed Forces deployed + as of the date of the enactment of this Act. + (2) Reducing the total number of Armed Forces deployed to + Afghanistan below 4,000. + (c) Report.--The report described in this subsection shall include +each of the following: + (1) A certification that the intended withdrawal of the + United States Armed Forces in Afghanistan-- + (A) will not compromise or otherwise negatively + affect the ongoing United States counterterrorism + mission against the Islamic State, al-Qaeda, and + associated forces; + (B) will not unduly increase the risk to United + States personnel in Afghanistan; + (C) will not increase the risk for the expansion of + existing or formation of new international terrorist + safe havens inside Afghanistan; + (D) will be undertaken with the consultation and + coordination of allies supporting the United States- + and North Atlantic Treaty Organization-led missions; + and + (E) is in the best interest of United States + national security and in furtherance of United States + policy toward Afghanistan for achieving an enduring + diplomatic solution. + (2) An analysis of the impact that the intended withdrawal + of United States Armed Forces from Afghanistan would have on + each of the following: + (A) The threat posed by the Taliban and terrorist + organizations, including by each covered terrorist + organization, to-- + (i) the United States homeland; + (ii) United States interests abroad; + (iii) allied countries of the North + Atlantic Treaty Organization; + (iv) the Government of Afghanistan; and + (v) regional peace and security. + (B) The ability of the Afghan government to uphold + the human and civil rights (including access to voting, + education, justice, and economic opportunities) of + women, girls, people with disabilities, religious and + ethnic minorities, and other vulnerable populations in + Afghanistan. + (C) Transparent, credible, and inclusive political + processes in Afghanistan. + (D) The capacity of the Afghan National Defense and + Security Forces to effectively-- + (i) prevent or defend against attacks by + the Taliban or by terrorist organizations + (including by each covered terrorist + organization) on civilian populations; + (ii) prevent the permanent takeover of one + or more provincial capitals by the Taliban or + by associated organizations; + (iii) conduct counterterrorism operations + necessary to deny safe harbor to international + terrorist organizations that the intelligence + community assess pose a threat to the United + States homeland and United States interests + abroad; and + (iv) maintain institutional order and + discipline. + (E) The influence of Afghanistan's neighbors and + near neighbors on the sovereignty of Afghanistan and + the strategic national security interests of the United + States in the region. + (F) Any other matter the Secretary of Defense, in + concurrence with each covered official, determines + appropriate. + (3) An assessment by the intelligence community of the + manner and extent to which-- + (A) state actors have provided any incentives to + the Taliban, their affiliates, or other foreign + terrorist organizations for attacks against United + States, coalition, or Afghan security forces or + civilians in Afghanistan in the last 2 years, including + the details of any attacks believed to have been + connected with such incentives; + (B) the Taliban has publicly renounced al-Qaeda; + (C) the Taliban has made any efforts to break with + al-Qaeda since February 29, 2020, and a description of + these efforts; + (D) any senior al-Qaeda leaders, including Ayman + al-Zawahiri, or any leaders of al-Qaeda in the Indian + Subcontinent, have been present in Afghanistan since + February 29, 2020, and if so, the names of the leaders, + the dates they were present in Afghanistan, and their + other locations since February 29, 2020; + (E) any members of al-Qaeda, al-Qaeda in the Indian + Subcontinent, al-Qaeda-affiliated groups, or any + covered terrorist organization have, since February 29, + 2020-- + (i) fought alongside, trained alongside, + otherwise operated alongside, or sheltered with + the Taliban in Afghanistan; + (ii) conducted attacks inside Afghanistan, + and, if so, the dates and locations of such + attacks; + (iii) operated training camps or related + facilities inside Afghanistan, and, if so, the + locations of those camps or facilities; + (iv) traveled to Afghanistan from Pakistan, + Iran, or neighboring countries; + (v) continued to have ties to any Taliban + leaders or members located in Pakistan; or + (vi) continued to work with the Haqqani + Network; + (F) any of the prisoners released by the Government + of Afghanistan since February 29, 2020-- + (i) are members of, or have ties to, any + covered terrorist organizations or any other + organization designated by the United States as + a foreign terrorist organization pursuant to + section 219 of the Immigration and Nationality + Act (8 U.S.C. 1189) and, if so, the names of + such former prisoners and the reasons for their + detention inside Afghanistan; or + (ii) are suspected of taking part in + attacks against American service members or + civilians or attacks that caused American + casualties and, if so, the names of the + prisoners, the date and location of such + attacks, and the number of American casualties + attributed to such attacks; + (G) any of the prisoners the Taliban has requested + for release, but who have not yet been released as of + the date of the enactment of this Act, are members of, + or have ties to, any covered terrorist organizations or + any other organization designated by the United States + as a foreign terrorist organization pursuant to section + 219 of the Immigration and Nationality Act (8 U.S.C. + 1189) and, if so, the names of the prisoners and the + organizations to which they are affiliated; and + (H) senior Taliban leaders, including members of + the Haqqani Network, who are located in Pakistan + continue to exercise control over the insurgency in + Afghanistan. + (4) The number of attacks that the Taliban has carried out + in Afghanistan since February 29, 2020, including the location + and date of each attack as well as casualties related to each + attack. + (d) Form.--The report described in subsection (c) shall be +submitted in unclassified form without any designation relating to +dissemination control, but may contain a classified annex that is +accompanied by an unclassified summary of the annex. + (e) Waiver.--The Secretary of Defense may waive the limitation +under subsection (b) if, in consultation with the Chairman of the Joint +Chiefs of Staff and the Commander of United States Forces, Afghanistan, +the Secretary-- + (1) determines that the waiver is-- + (A) necessary due to an imminent and extraordinary + threat to members of the United States Armed Forces in + the Afghanistan; or + (B) vital to the national security interests of the + United States; and + (2) submits to the appropriate congressional committees a + detailed, written justification for such waiver, not later than + 10 days after the effective date of the waiver; and + (3) in the case of a determination described in paragraph + (1)(A), includes in such justification each of the following: + (A) A detailed description of the change in threat + assessment leading to the determination. + (B) An explanation for the reasons for which + existing force protection mechanisms were not + sufficient to reasonably ensure the safety of members + of the Armed Forces. + (C) The steps that have been taken to ensure that + United States equipment does not fall into enemy hands. + (D) A description of the coordination with allied + countries of the North Atlantic Treaty Organization and + with other allies and partners with respect to the + withdrawal. + (E) A description of the coordination with the + Department of State to ensure the safety of American + citizens in Afghanistan in light of and subsequent to + the withdrawal. + (f) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services of the House of + Representatives and the Committee on Armed Services of + the Senate; + (B) the Committee on Foreign Affairs of the House + of Representatives and the Committee on Foreign + Relations of the Senate; and + (C) the Permanent Select Committee on Intelligence + of the House of Representatives and the Select + Committee on Intelligence of the Senate. + (2) Covered official.--The term ``covered official'' + means-- + (A) the Secretary of State; + (B) the Director of National Intelligence; + (C) the Director of the Central Intelligence + Agency; + (D) the Chairman of the Joint Chiefs of Staff; + (E) the Commander of United States Central Command; + (F) the Commander of United States Forces, + Afghanistan; and + (G) the United States Permanent Representative to + the North Atlantic Treaty Organization. + (3) Covered terrorist organization.--The term ``covered + terrorist organization'' means any of the following: + (A) al-Qaeda and affiliates, including al-Qaeda in + the Indian Subcontinent. + (B) The Islamic State and affiliates. + (C) Tehrik-e Taliban Pakistan. + (D) The Haqqani Network. + (E) Islamic Movement of Uzbekistan. + (F) Eastern Turkistan Islamic Movement. + (G) Ansralluh. + (H) Lashkar-e-Tayyiba (including under the alias + Jamaat-ud-Dawa). + (I) Jaish-e-Mohammed. + (J) Harakat ul-Jihad-Islami. + (K) Harakat ul-Mujahidin. + (L) Jaysh al-Adl. + (M) Lashkar-i-Jhangvi. + (N) Mullah Nasir Group. + (O) Hafiz Gul Bahadar Group. + (P) Lashkar-i-Islam. + (Q) Islamic Jihad Union Group. + (R) Jamaat-ud-Dawa al Quran. + (S) Ansarul Islam. + +SEC. 1214. REPORT ON OPERATION FREEDOM SENTINEL. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, and as part of the materials relating to +Operation Freedom Sentinel submitted to Congress by the Secretary of +Defense in support of the budget of the President for the following 2 +fiscal years, the Secretary shall submit to the Committee on Armed +Services of the House of Representatives and the Committee on Armed +Services of the Senate a report on Operation Freedom Sentinel. + (b) Matters To Be Included.--The report required by subsection (a) +shall include a list and description of activities, exercises, and +funding amounts carried out under the operation, including-- + (1) specific direct war costs; + (2) activities that occur in Afghanistan; + (3) activities that occur outside of Afghanistan, including + training and costs relating to personnel; + (4) activities that provide funding to any of the services + that is part of the operation's budget request; and + (5) activities related to transportation, logistics, and + other support. + +SEC. 1215. MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER JUDICIAL + PROCESS OF CULTURAL OBJECTS. + + (a) In General.--The Act of October 19, 1965, entitled ``An Act to +render immune from seizure under judicial process certain objects of +cultural significance imported into the United States for temporary +display or exhibition, and for other purposes'' (22 U.S.C. 2459; 79 +Stat. 985) is amended-- + (1) in the heading, by striking ``temporary exhibition or + display'' and inserting ``temporary storage, conservation, + scientific research, exhibition, or display''; + (2) in subsection (a)-- + (A) by striking ``the temporary exhibition or + display thereof'' each place it appears and inserting + ``temporary storage, conservation, scientific research, + exhibition, or display''; and + (B) by striking ``cultural or educational'' each + place it appears and inserting ``cultural, educational, + or religious''; and + (3) by adding at the end the following: + ``(d) For purposes of this section, the terms `imported' and +`importation' include a transfer from a mission of a foreign country +located within the United States to a cultural, educational, or +religious institution located within the United States.''. + (b) Afghanistan.-- + (1) In general.--A work of art or other object of cultural + significance that is imported into the United States for + temporary storage, conservation, scientific research, + exhibition, or display shall be deemed to be immune from + seizure under such Act of October 19, 1965 (22 U.S.C. 2459) (as + amended by subsection (a)), and the provisions of such Act + shall apply in the same manner and to the same extent to such + work or object, if-- + (A) the work or object is exported from Afghanistan + with an export permit or license duly issued by the + Government of Afghanistan; and + (B)(i) an agreement is entered into between the + Government of Afghanistan and the cultural, + educational, or religious institution within the United + States that specifies the conditions for such material + to be returned to Afghanistan; or + (ii) the work or object is transferred to a + cultural, educational, or religious institution in the + United States in accordance with an agreement described + in clause (i) that also includes an authorization to + transfer such work or object to such an institution. + +SEC. 1216. STRATEGY FOR POST-CONFLICT ENGAGEMENT BY THE UNITED STATES + IN AFGHANISTAN. + + (a) In General.--The Secretary of State, in consultation with the +Administrator of the United States Agency for International Development +and other relevant Federal departments and agencies, shall submit to +the Committee on Foreign Affairs of the House of Representatives and +the Committee on Foreign Relations of the Senate not later than 120 +days after a final Afghan Reconciliation Agreement is reached, a +strategy for post-conflict engagement by the United States in +Afghanistan to support the implementation of commitments for women and +girls' inclusion and empowerment in the Agreement, as well as to +protect and promote basic human rights in Afghanistan, especially the +human rights of women and girls. + (b) Required Elements.--The Secretary of State shall seek to ensure +that activities carried out under the strategy-- + (1) employ rigorous monitoring and evaluation + methodologies, including ex-post evaluation, and gender + analysis as defined by the Women's Entrepreneurship and + Economic Empowerment Act of 2018 (Public Law 115-428) and + required by the U.S. Strategy on Women, Peace, and Security; + (2) disaggregate all data collected and reported by age, + gender, marital and motherhood status, disability, and + urbanity, to the extent practicable and appropriate; and + (3) advance the principles and objectives specified in the + Policy Guidance on Promoting Gender Equality of the Department + of State and the Gender Equality and Female Empowerment Policy + of the United States Agency for International Development. + +SEC. 1217. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS WITH TALIBAN + OFFICIALS AND AFGHANISTAN'S COMPREHENSIVE PEACE PROCESS. + + (a) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Relations, the + Committee on Armed Services, and the Select Committee + on Intelligence of the Senate; and + (B) the Committee on Foreign Affairs, the Committee + on Armed Services, and the Permanent Select Committee + on Intelligence of the House of Representatives. + (2) Government of afghanistan.--The term ``Government of + Afghanistan'' means the Government of the Islamic Republic of + Afghanistan and its agencies, instrumentalities, and controlled + entities. + (3) The taliban.--The term ``the Taliban''-- + (A) refers to the organization that refers to + itself as the ``Islamic Emirate of Afghanistan'', that + was founded by Mohammed Omar, and that is currently led + by Mawlawi Hibatullah Akhundzada; and + (B) includes subordinate organizations, such as the + Haqqani Network, and any successor organization. + (4) February 29 agreement.--The term ``February 29 + Agreement'' refers to the political arrangement between the + United States and the Taliban titled ``Agreement for Bringing + Peace to Afghanistan Between the Islamic Emirate of Afghanistan + which is not recognized by the United States as a state and is + known as the Taliban and the United States of America'' signed + at Doha, Qatar February 29, 2020. + (b) Oversight of Peace Process and Other Agreements.-- + (1) Transmission to congress of materials relevant to the + february 29 agreement.--The Secretary of State, in consultation + with the Secretary of Defense, shall continue to submit to the + appropriate congressional committees materials relevant to the + February 29 Agreement. + (2) Submission to congress of any future deals involving + the taliban.--The Secretary of State shall submit to the + appropriate congressional committees, within 5 days of + conclusion and on an ongoing basis thereafter, any future + agreement or arrangement involving the Taliban in any manner, + as well as materials relevant to any future agreement or + arrangement involving the Taliban in any manner. + (3) Definitions.--In this subsection, the terms ``materials + relevant to the February 29 Agreement'' and ``materials + relevant to any future agreement or arrangement'' include all + annexes, appendices, and instruments for implementation of the + February 29 Agreement or a future agreement or arrangement, as + well as any understandings or expectations related to the + Agreement or a future agreement or arrangement. + (c) Report and Briefing on Verification and Compliance.-- + (1) In general.-- + (A) Report.--Not later than 90 days after the date + of the enactment of this Act, and not less frequently + than once every 120 days thereafter, the President + shall submit to the appropriate congressional + committees a report verifying whether the key tenets of + the February 29 Agreement, or future agreements, and + accompanying implementing frameworks are being + preserved and honored. + (B) Briefing.--At the time of each report submitted + under subparagraph (A), the Secretary of State shall + direct a Senate-confirmed Department of State official + and other appropriate officials to brief the + appropriate congressional committees on the contents of + the report. The Director of National Intelligence shall + also direct an appropriate official to participate in + the briefing. + (2) Elements.--The report and briefing required under + paragraph (1) shall include-- + (A) an assessment-- + (i) of the Taliban's compliance with + counterterrorism guarantees, including + guarantees to deny safe haven and freedom of + movement to al-Qaeda and other terrorist + threats from operating on territory under its + influence; and + (ii) whether the United States intelligence + community has collected any intelligence + indicating the Taliban does not intend to + uphold its commitments; + (B) an assessment of Taliban actions against + terrorist threats to United States national security + interests; + (C) an assessment of whether Taliban officials have + made a complete, transparent, public, and verifiable + breaking of all ties with al-Qaeda; + (D) an assessment of the current relationship + between the Taliban and al-Qaeda, including any + interactions between members of the two groups in + Afghanistan, Pakistan, or other countries, and any + change in Taliban conduct towards al-Qaeda since + February 29, 2020; + (E) an assessment of the relationship between the + Taliban and any other terrorist group that is assessed + to threaten the security of the United States or its + allies, including any change in conduct since February + 29, 2020; + (F) an assessment of whether the Haqqani Network + has broken ties with al-Qaeda, and whether the Haqqani + Network's leader Sirajuddin Haqqani remains part of the + leadership structure of the Taliban; + (G) an assessment of threats emanating from + Afghanistan against the United States homeland and + United States partners, and a description of how the + United States Government is responding to those + threats; + (H) an assessment of intra-Afghan discussions, + political reconciliation, and progress towards a + political roadmap that seeks to serve all Afghans; + (I) an assessment of the viability of any intra- + Afghan governing agreement; + (J) an assessment as to whether the terms of any + reduction in violence or ceasefire are being met by all + sides in the conflict; + (K) a detailed overview of any United States and + NATO presence remaining in Afghanistan and any planned + changes to such force posture; + (L) an assessment of the status of human rights, + including the rights of women, minorities, and youth; + (M) an assessment of the access of women, + minorities, and youth to education, justice, and + economic opportunities in Afghanistan; + (N) an assessment of the status of the rule of law + and governance structures at the central, provincial, + and district levels of government; + (O) an assessment of the media and of the press and + civil society's operating space in Afghanistan; + (P) an assessment of illicit narcotics production + in Afghanistan, its linkages to terrorism, corruption, + and instability, and policies to counter illicit + narcotics flows; + (Q) an assessment of corruption in Government of + Afghanistan institutions at the district, provincial, + and central levels of government; + (R) an assessment of the number of Taliban and + Afghan prisoners and any plans for the release of such + prisoners from either side; + (S) an assessment of any malign Iranian, Chinese, + and Russian influence in Afghanistan; + (T) an assessment of how other regional actors, + such as Pakistan, the countries of Central Asia, and + India, are engaging with Afghanistan; + (U) a detailed overview of national-level efforts + to promote transitional justice, including forensic + efforts and documentation of war crimes, mass killings, + or crimes against humanity, redress to victims, and + reconciliation activities; + (V) A detailed overview of United States support + for Government of Afghanistan and civil society efforts + to promote peace and justice at the local level and how + these efforts are informing government-level policies + and negotiations; + (W) an assessment of the progress made by the + Afghanistan Ministry of Interior and the Office of the + Attorney General to address gross violations of human + rights (GVHRs) by civilian security forces, Taliban, + and non-government armed groups, including-- + (i) a breakdown of resources provided by + the Government of Afghanistan towards these + efforts; and + (ii) a summary of assistance provided by + the United States Government to support these + efforts; and + (X) an overview of civilian casualties caused by + the Taliban, non-government armed groups, and Afghan + National Defense and Security Forces, including-- + (i) an estimate of the number of destroyed + or severely damaged civilian structures; + (ii) a description of steps taken by the + Government of Afghanistan to minimize civilian + casualties and other harm to civilians and + civilian infrastructure; + (iii) an assessment of the Government of + Afghanistan's capacity and mechanisms for + investigating reports of civilian casualties; + and + (iv) an assessment of the Government of + Afghanistan's efforts to hold local militias + accountable for civilian casualties. + (3) Counterterrorism strategy.--In the event that the + Taliban does not meet its counterterrorism obligations under + the February 29 Agreement, the report and briefing required + under this subsection shall include information detailing the + United States' counterterrorism strategy in Afghanistan and + Pakistan. + (4) Form.--The report required under subparagraph (A) of + paragraph (1) shall be submitted in unclassified form, but may + include a classified annex, and the briefing required under + subparagraph (B) of such paragraph shall be conducted at the + appropriate classification level. + (d) Rule of Construction.--Nothing in this section shall prejudice +whether a future deal involving the Taliban in any manner constitutes a +treaty for purposes of Article II of the Constitution of the United +States. + (e) Sunset.--Except for subsections (b) and (d), the provisions of +this section shall cease to be effective on the date that is 5 years +after the date of the enactment of this Act. + +SEC. 1218. REPORT ON CIVILIAN CASUALTIES IN AFGHANISTAN. + + (a) In General.--Not later than 180 days after the date of +enactment of this Act, and annually thereafter subject to subsection +(c), the Secretary of Defense and Secretary of State shall submit to +the Committee on Armed Services and the Committee on Foreign Affairs of +the House of Representatives and the Committee on Armed Services and +the Committee on Foreign Relations of the Senate a report on civilian +casualties caused by the Afghan National Defense and Security Forces +and Taliban. Such report shall adhere to the existing reporting +framework as the ``Enhancing Security and Stability in Afghanistan'' +semiannual report. + (b) Contents.--The report shall include the following: + (1) A description of the steps the Government of + Afghanistan is taking to minimize civilian casualties and other + harm to civilians and civilian infrastructure limited to health + facilities, schools, and non-governmental organizations. + (2) An assessment of civilian casualties and other harm to + civilians and civilian infrastructure limited to health + facilities, schools, and non-governmental organizations caused + by the Taliban. + (3) An assessment of the progress of implementation of the + Government of Afghanistan's national civilian casualty and + mitigation policy. + (4) An assessment of the Government of Afghanistan's + capacity and mechanisms for assessing and investigating reports + of civilian casualties, to include a description of the + function and effectiveness of the Afghan Civilian Casualty + Mitigation Team and an assessment of the availability of + channels for civilians to report civilian harm. + (5) An assessment of the capacity of the Afghan National + Defense and Security Forces and the Taliban to operate in + effective compliance with the laws of armed conflict, to + include its principles of proportion and distinction, and any + gaps or weaknesses in need of addressing. + (6) An assessment of the Afghan National Defense and + Security Forces' capacity for planning and conducting + operations in accordance with the laws of armed conflict and + for employing practices designed specifically to limit harm to + civilians and civilian infrastructure; any plans in place by + the United States Government to enhance the capacity of the + ANDSF to minimize harm to civilians in the conduct of its + operations; and any anticipated changes in support and + oversight by United States forces that may have an effect on + said capabilities. + (7) A description of the Government of Afghanistan's + support for non-state localized and regional militias in + Afghanistan, including-- + (A) an assessment of whether the Government of + Afghanistan has the necessary oversight mechanisms in + place to effectively restrain adverse impacts on + stability and hold local militias accountable; and + (B) a summary of the efforts by the Government of + Afghanistan including the Ministry of Interior to + integrate local and regionalized militias into the + uniformed Afghan National Defense and Security Forces + including efforts to support accountability and address + human rights violations and abuses. + (8) Any other matters the Secretary of Defense determines + are relevant. + (c) Sunset.--The reporting requirement under this section shall +terminate on the date that is 3 years after the date of enactment of +this Act. + + Subtitle C--Matters Relating to Syria, Iraq, and Iran + +SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE + ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND + SYRIA. + + (a) In General.--Subsection (a) of section 1236 of the Carl Levin +and Howard P. ``Buck'' McKeon National Defense Authorization Act for +Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended by +striking ``December 31, 2020'' and inserting ``December 31, 2021''. + (b) Funding.--Subsection (g) of such section is amended-- + (1) by striking ``fiscal year 2020'' and inserting ``fiscal + year 2021''; and + (2) by striking ``$645,000,000'' and inserting + ``$500,000,000''. + (c) Waiver Authority; Scope.--Subsection (j)(3) of such section is +amended-- + (1) by striking ``congressional defense committees'' each + place it appears and inserting ``appropriate congressional + committees''; and + (2) by adding at the end the following: + ``(C) Appropriate congressional committees + defined.--In this paragraph, the term `appropriate + congressional committees' means-- + ``(i) the Committee on Armed Services and + the Committee on Foreign Affairs of the House + of Representatives; and + ``(ii) the Committee on Armed Services and + the Committee on Foreign Relations of the + Senate.''. + (d) Annual Report.--Such section is amended by adding at the end +the following: + ``(o) Annual Report.--Not later than 90 days after the date of the +enactment of this subsection, and annually thereafter for two years, +the Secretary of Defense shall submit to the Committee on Armed +Services of the House of Representatives and the Committee on Armed +Services of the Senate a report that includes-- + ``(1) a detailed description of the weapons and equipment + purchased using the Counter-ISIS Train and Equip Fund in the + previous fiscal year; and + ``(2) a detailed description of the incremental costs for + operations and maintenance for Operation Inherent Resolve in + the previous fiscal year.''. + (e) Budget Display Submission.-- + (1) In general.--The Secretary of Defense shall include in + the budget materials submitted by the Secretary in support of + the budget of the President (as submitted to Congress pursuant + to section 1105 of title 31, United States Code) for each of + fiscal years 2022 and 2023 a detailed budget display for funds + requested for the Department of Defense for such fiscal year + for Operation Inherent Resolve. + (2) Matters to be included.--The detailed budget display + required under paragraph (1) shall include the following: + (A) With respect to procurement accounts-- + (i) amounts displayed by account, budget + activity, line number, line item, and line item + title; and + (ii) a description of the requirements for + each such amount. + (B) With respect to research, development, test, + and evaluation accounts-- + (i) amounts displayed by account, budget + activity, line number, program element, and + program element title; and + (ii) a description of the requirements for + each such amount. + (C) With respect to operation and maintenance + accounts-- + (i) amounts displayed by account title, + budget activity title, line number, and + subactivity group title; and + (ii) a description of the specific manner + in which each such amount would be used. + (D) With respect to military personnel accounts-- + (i) amounts displayed by account, budget + activity, budget subactivity, and budget + subactivity title; and + (ii) a description of the requirements for + each such amount. + (E) With respect to each project under military + construction accounts (including with respect to + unspecified minor military construction and amounts for + planning and design), the country, location, project + title, and project amount for each fiscal year. + +SEC. 1222. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO THE VETTED + SYRIAN OPPOSITION. + + (a) In General.--Subsection (a) of section 1209 of the Carl Levin +and Howard P. ``Buck'' McKeon National Defense Authorization Act for +Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3451) is amended by +striking ``December 31, 2020'' and inserting ``December 31, 2021''. + (b) Notice Before Provision of Assistance.--Subsection (b)(2)(A) of +such section is amended by striking ``fiscal year 2019 or fiscal year +2020'' and inserting ``fiscal year 2019, fiscal year 2020, or fiscal +year 2021''. + (c) Certification.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of Defense shall certify to the +Committee on Armed Services and the Committee on Foreign Affairs of the +House of Representatives and the Committee on Armed Services and the +Committee on Foreign Relations of the Senate that no United States +military forces are being used or have been used for the extraction, +transport, transfer, or sale of oil from Syria. + +SEC. 1223. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES + OF THE OFFICE OF SECURITY COOPERATION IN IRAQ. + + Section 1215 of the National Defense Authorization Act for Fiscal +Year 2012 (10 U.S.C. 113 note) is amended-- + (1) in subsections (c) and (d), by striking ``fiscal year + 2020'' each place it appears and inserting ``each of fiscal + years 2020 and 2021''; and + (2) in subsection (h), by striking ``Of the amount made + available for fiscal year 2020 to carry out section 1215 of the + National Defense Authorization Act for Fiscal Year 2012, not + more than $20,000,000'' and inserting ``Of the amounts made + available for fiscal years 2020 and 2021 to carry out this + section, not more than $20,000,000 for each such fiscal year''. + +SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF + SUPPORT TO CERTAIN ORGANIZATIONS. + + None of the funds authorized to be appropriated by this Act or +otherwise made available for the Department of Defense for fiscal year +2021 may be used to knowingly provide weapons or any other form of +support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat +Fateh al Sham, Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab, +Islamic Revolutionary Guard Corps, or any individual or group +affiliated with any such organization. + +SEC. 1225. CONSOLIDATED BUDGET DISPLAY AND REPORT ON OPERATION SPARTAN + SHIELD. + + (a) Budget Display Submission.-- + (1) In general.--The Secretary of Defense shall include in + the budget materials submitted by the Secretary in support of + the budget of the President (as submitted to Congress pursuant + to section 1105 of title 31, United States Code) for each of + fiscal years 2022 and 2023 a detailed budget display for funds + requested for the Department of Defense for such fiscal year + for Operation Spartan Shield and Iran deterrence-related + programs and activities of the Department of Defense in the + United States Central Command area of operation. + (2) Matters to be included.--The detailed budget display + required under paragraph (1) shall include the following: + (A) With respect to procurement accounts-- + (i) amounts displayed by account, budget + activity, line number, line item, and line item + title; and + (ii) a description of the requirements for + each such amount. + (B) With respect to research, development, test, + and evaluation accounts-- + (i) amounts displayed by account, budget + activity, line number, program element, and + program element title; and + (ii) a description of the requirements for + each such amount. + (C) With respect to operation and maintenance + accounts-- + (i) amounts displayed by account title, + budget activity title, line number, and + subactivity group title; and + (ii) a description of the specific manner + in which each such amount would be used. + (D) With respect to military personnel accounts-- + (i) amounts displayed by account, budget + activity, budget subactivity, and budget + subactivity title; and + (ii) a description of the requirements for + each such amount. + (E) With respect to each project under military + construction accounts (including with respect to + unspecified minor military construction and amounts for + planning and design), the country, location, project + title, and project amount for each fiscal year. + (b) Report.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, and annually thereafter in + conjunction with the submission of the budget of President (as + submitted to Congress pursuant to section 1105 of title 31, + United States Code) for each of fiscal years 2022 and 2023, the + Secretary of Defense shall submit to the Committee on Armed + Services of the House of Representatives and the Committee on + Armed Services of the Senate a report on Operation Spartan + Shield. + (2) Matters to be included.--The report required by + paragraph (1) should include-- + (A)(i) for the first report, a history of the + operation and its objectives; and + (ii) for each subsequent report, a description of + the operation and its objectives during the prior year; + (B) a list and description of significant + activities and exercises carried out under the + operation during the prior year; + (C) a description of the purpose and goals of such + activities and exercises and an assessment of the + degree to which stated goals were achieved during the + prior year; + (D) a description of criteria used to judge the + effectiveness of joint exercises to build partner + capacity under the operation during the prior year; + (E) an identification of incremental and estimated + total costs of the operation during the prior year, + including a separate identification of incremental + costs of increased force presence in the United States + Central Command area of responsibility to counter Iran + since May 2019; and + (F) any other matters the Secretary determines + appropriate. + (3) Form.--The report required by paragraph (1) shall be + submitted in unclassified form but may include a classified + annex. + +SEC. 1226. SENSE OF CONGRESS ON PESHMERGA FORCES AS A PARTNER IN + OPERATION INHERENT RESOLVE. + + It is the sense of Congress that-- + (1) the Peshmerga of the Kurdistan Region of Iraq have + made, and continue to make, significant contributions to the + security of Northern Iraq, by defending nearly 650 miles of + critical terrain, to degrade, dismantle, and ultimately defeat + the Islamic State of Iraq and Syria (ISIS) in Iraq as a partner + in Operation Inherent Resolve; + (2) although ISIS has been severely degraded, their + ideology and combatants still linger and pose a threat of + resurgence if regional security is not sustained; + (3) a strong Peshmerga and Kurdistan Regional Government is + critical to maintaining a stable and tolerant Iraq in which all + faiths, sects, and ethnicities are afforded equal protection + under the law and full integration into the Government and + society of Iraq; + (4) continued security assistance, as appropriate, to the + Ministry of Peshmerga Affairs of the Kurdistan Region of Iraq + in support of counter-ISIS operations, in coordination with the + Government of Iraq, is critical to United States national + security interests; and + (5) continued United States support to the Peshmerga, + coupled with security sector reform in the region, will enable + them to more effectively partner with other elements of the + Iraqi Security Forces, the United States, and other coalition + members to consolidate gains, hold territory, and protect + infrastructure from ISIS and its affiliates in an effort to + deal a lasting defeat to ISIS and prevent its reemergence in + Iraq. + +SEC. 1227. REPORT ON THE THREAT POSED BY IRANIAN-BACKED MILITIAS IN + IRAQ. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the Secretary of State, shall submit to the appropriate congressional +committees a report on the short- and long-term threats posed by +Iranian-backed militias in Iraq to Iraq and to United States persons +and interests. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A detailed description of acts of violence and + intimidation that Iranian-backed militias in Iraq have + committed against Iraqi civilians during the previous 2 years. + (2) A detailed description of the threat that Iranian- + backed militias in Iraq pose to United States persons in Iraq + and in the Middle East, including United States Armed Forces + and diplomats. + (3) A detailed description of the threat Iranian-backed + militias in Iraq pose to United States partners in the region. + (4) A detailed description of the role that Iranian-backed + militias in Iraq play in Iraq's armed forces and security + services, including Iraq's Popular Mobilization Forces. + (5) An assessment of whether and to what extent any + Iranian-backed militia in Iraq, or member of such militia, had + illicit access to United States-origin defense equipment + provided to Iraq since 2014 and the response from the + Government of Iraq to each incident. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex only if such +annex is provided separately from the unclassified report. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives; and + (2) the Committee on Armed Services and the Committee + Foreign Relations of the Senate. + + Subtitle D--Matters Relating to Russia + +SEC. 1231. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY + OF THE RUSSIAN FEDERATION OVER CRIMEA. + + (a) Prohibition.--None of the funds authorized to be appropriated +by this Act or otherwise made available for fiscal year 2021 for the +Department of Defense may be obligated or expended to implement any +activity that recognizes the sovereignty of the Russian Federation over +Crimea. + (b) Waiver.--The Secretary of Defense, with the concurrence of the +Secretary of State, may waive the restriction on the obligation or +expenditure of funds required by subsection (a) if the Secretary of +Defense-- + (1) determines that to do so is in the national security + interest of the United States; and + (2) submits a notification of the waiver, at the time the + waiver is invoked, to the Committee on Armed Services and the + Committee on Foreign Affairs of the House of Representatives + and the Committee on Armed Services and the Committee on + Foreign Relations of the Senate. + +SEC. 1232. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE + UNITED STATES AND THE RUSSIAN FEDERATION. + + Section 1232(a) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by +striking ``, 2019, or 2020'' and inserting ``2019, 2020, or 2021''. + +SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE + INITIATIVE. + + (a) In General.--Section 1250 of the National Defense Authorization +Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is +amended-- + (1) in subsection (c)-- + (A) in paragraph (1), by striking ``50 percent of + the funds available for fiscal year 2020 pursuant to + subsection (f)(5)'' and inserting ``50 percent of the + funds available for fiscal year 2021 pursuant to + subsection (f)(6)''; + (B) in paragraph (3), by striking ``fiscal year + 2020'' and inserting ``fiscal year 2021''; and + (C) in paragraph (5), by striking ``Of the funds + available for fiscal year 2020 pursuant to subsection + (f)(5)'' and inserting ``Of the funds available for + fiscal year 2021 pursuant to subsection (f)(6)''; + (2) in subsection (f), by adding at the end the following: + ``(6) For fiscal year 2021, $250,000,000.''; and + (3) in subsection (h), by striking ``December 31, 2022'' + and inserting ``December 31, 2023''. + (b) Extension of Reports on Military Assistance to Ukraine.-- +Section 1275(e) of the Carl Levin and Howard P. ``Buck'' McKeon +National Defense Authorization Act for Fiscal Year 2015 (Public Law +113-291; 128 Stat. 3592) is amended by striking ``January 31, 2021'' +and inserting ``December 31, 2023''. + +SEC. 1234. UNITED STATES PARTICIPATION IN THE OPEN SKIES TREATY. + + (a) Notification Required.-- + (1) In general.--Upon withdrawal of the United States from + the Open Skies Treaty pursuant to Article XV of the Treaty, the + Secretary of Defense and the Secretary of State shall jointly + submit to the appropriate congressional committees-- + (A) a notification that the United States has + concluded agreements with other state parties to the + Treaty that host United States military forces and + assets to ensure that after such withdrawal the United + States will be provided sufficient notice by such state + parties of requests for observation flights over the + territories of such state parties under the Treaty; or + (B) if the United States has not concluded the + agreements described in subparagraph (A), a description + of how the United States will consistently and reliably + be provided with sufficient warning of observation + flights described in subparagraph (A) by other means, + including a description of assets and personnel and + policy implications of using such other means. + (2) Submission of agreements.--Upon withdrawal of the + United States from the Open Skies Treaty pursuant to Article XV + of the Treaty, the Secretary of Defense and the Secretary of + State shall jointly submit to the appropriate congressional + committees copies of the agreements described in paragraph + (1)(A). + (b) Report.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of Defense and the + Secretary of State, in coordination with the Director of + National Intelligence and the Under Secretary of Defense for + Intelligence and Security, shall jointly submit to the + appropriate congressional committees a report on the effects of + a potential withdrawal of the United States from the Open Skies + Treaty. + (2) Matters to be included.--The report required by + paragraph (1) shall include the following: + (A) A description of how the United States will + replace benefits of cooperation with United States + allies under the Treaty. + (B) A description of-- + (i) how the United States will obtain + unclassified, publicly-releasable imagery it + currently receives under the Treaty; + (ii) if national technical means are used + as a replacement to obtain such imagery-- + (I) how the requirements satisfied + by collection under the Treaty will be + prioritized within the National + Intelligence Priorities Framework; + (II) a plan to mitigate any gaps in + collection; and + (III) requirements and timelines + for declassification of data for public + release; and + (iii) if commercial imagery is used as a + replacement to obtain such imagery-- + (I) contractual actions and + associated timelines needed to purchase + such imagery; + (II) costs to purchase commercial + imagery equivalent to that which is + obtained under the Treaty; and + (III) estimates of costs to share + that data with other state parties to + the Treaty that are United States + partners. + (C) A description of how the United States will + replace intelligence information, other than imagery, + obtained under the Treaty. + (D) A description of how the United States will + ensure continued dialogue with Russia in a manner + similar to formal communications as confidence-building + measures to reinforce strategic stability required + under the Treaty. + (E) All unedited responses to the questionnaire + provided to United States allies by the United States + in 2019 and all official statements provided to the + United States by United States allies in 2019 or 2020 + relating to United States withdrawal from the Treaty. + (F) An assessment of the impact of such withdrawal + on-- + (i) United States leadership in the North + Atlantic Treaty Organization (NATO); and + (ii) cohesion and cooperation among NATO + member states. + (G) A description of options to continue + confidence-building measures under the Treaty with + other state parties to the Treaty that are United + States allies. + (H) An assessment of the Defense Intelligence + Agency of the impact on national security of such + withdrawal. + (I) An assessment of how the United States will + influence decisions regarding certifications of new + sensors, primarily synthetic aperture radar sensors, + under the Treaty that could pose additional risk to + deployed United States military forces and assets. + (3) Form.--The report required by paragraph (1) shall be + submitted in unclassified form but may contain a classified + annex. + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional defense committees; + (B) the Committee on Foreign Affairs and the + Permanent Select Committee on Intelligence of the House + of Representatives; and + (C) the Committee on Foreign Relations and the + Select Committee on Intelligence of the Senate. + (2) Observation flight.--The term ``observation flight'' + has the meaning given such term in Article II of the Open Skies + Treaty. + (3) Open skies treaty; treaty.--The term ``Open Skies + Treaty'' or ``Treaty'' means the Treaty on Open Skies, done at + Helsinki March 24, 1992, and entered into force January 1, + 2002. + +SEC. 1235. SENSE OF CONGRESS ON SUPPORT FOR UKRAINE. + + It is the sense of Congress that the United States should-- + (1) reaffirm support for an enduring strategic partnership + between the United States and Ukraine; + (2) support Ukraine's sovereignty and territorial integrity + within its internationally-recognized borders and make clear it + does not recognize the independence of Crimea or Eastern + Ukraine currently occupied by Russia; + (3) continue support for multi-domain security assistance + for Ukraine in the form of lethal and non-lethal measures to + build resiliency, bolster deterrence against Russia, and + promote stability in the region by-- + (A) strengthening defensive capabilities and + promoting readiness; and + (B) improving interoperability with NATO forces; + and + (4) further enhance security cooperation and engagement + with Ukraine and other Black Sea regional partners. + +SEC. 1236. REPORT ON PRESENCE OF RUSSIAN MILITARY FORCES IN OTHER + FOREIGN COUNTRIES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the Secretary of State, shall submit to the appropriate congressional +committees a report that contains the following: + (1) A list of foreign countries that have consented to host + military forces of Russia, including a description of-- + (A) any agreement between each country and Russia + to host such forces; + (B) the number of Russian military forces that are + present in each country; + (C) the location of Russian military forces that + are present in each country; + (D) the types of Russian military force structures + that are present in each country; + (E) the level and type of United States security + assistance provided to each country; and + (F) any military exercises that Russian forces have + undertaken with each country. + (2) A list of foreign countries with respect to which + Russia has deployed military forces in violation of the + territorial sovereignty of such countries, including a + description of-- + (A) the number of Russian military forces that are + present in each country; + (B) the location of Russian military forces that + are present in each country; and + (C) the types of Russian military force structures + that are present in each country. + (b) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; + (2) the Committee on Foreign Affairs and the Committee on + Appropriations of the House of Representatives; and + (3) the Committee on Foreign Relations and the Committee on + Appropriations of the Senate. + +SEC. 1237. SENSE OF CONGRESS ON THE OPEN SKIES TREATY. + + It is the sense of Congress that-- + (1) the decision to withdraw from the Treaty on Open Skies, + done at Helsinki March 24, 1992, and entered into force January + 1, 2002-- + (A) did not comply with the requirement in section + 1234(a) of the National Defense Authorization Act for + Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) + to notify Congress not fewer than 120 days prior to any + such announcement; + (B) was made without asserting material breach of + the Treaty by any other Treaty signatory; and + (C) was made over the objections of NATO allies and + regional partners; + (2) confidence and security building measures that are + designed to reduce the risk of conflict, increase trust among + participating countries, and contribute to military + transparency remain vital to the strategic interests of our + NATO allies and partners and should continue to play a central + role as the United States engages in the region to promote + transatlantic security; and + (3) while the United States must always consider the + national security benefits of remaining in any treaty, + responding to Russian violations of treaty protocols should be + prioritized through international engagement and robust + diplomatic action. + +SEC. 1238. COUNTERING RUSSIAN AND OTHER OVERSEAS KLEPTOCRACY. + + (a) Definitions.--In this section + (1) Rule of law.--The term ``rule of law'' means the + principle of governance in which all persons, institutions, and + entities, whether public or private, including the state + itself, are accountable to laws that are publicly promulgated, + equally enforced, and independently adjudicated, and which are + consistent with international human rights norms and standards. + (2) Foreign state.--The term ``foreign state'' has the + meaning given such term in section 1603 of title 28, United + States Code. + (3) Intelligence community.--The term ``intelligence + community'' has the meaning given such term in section 3(4) of + the National Security Act of 1947 (50 U.S.C. 3003(4)). + (4) Public corruption.--The term ``public corruption'' + means the unlawful exercise of entrusted public power for + private gain, including by bribery, nepotism, fraud, or + embezzlement. + (5) Foreign assistance.--The term ``foreign assistance'' + means foreign assistance authorized under the Foreign + Assistance Act of 1961. + (6) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Relations, the + Committee on Banking, Housing, and Urban Affairs, and + the Committee on Finance of the Senate; and + (B) the Committee on Foreign Affairs, the Committee + on Financial Services, and the Committee on Ways and + Means of the House of Representatives. + (b) International Standards.--It is the sense of Congress that the +following international standards should be the foundation for foreign +states to combat corruption, kleptocracy, and illicit finance: + (1) The United Nations Convention against Corruption. + (2) Recommendations of the Financial Action Task Force + (FATF) comprising the International Standards on Combating + Money Laundering and the Financing of Terrorism & + Proliferation. + (3) The Organisation for Economic Co-operation and + Development Convention on Combating Bribery of Foreign Public + Officials in International Business Transactions (OECD Anti- + Bribery Convention), the 2009 Recommendation of the Council for + Further Combating Bribery, the 2009 Recommendation on the Tax + Deductibility of Bribes to Foreign Public Officials; and other + related instruments. + (4) Legal instruments adopted by the Council of Europe and + monitored by the Group of States against Corruption (GRECO), + including the Criminal Law Convention on Corruption, the Civil + Law Convention on Corruption, the Additional Protocol to the + Criminal Law Convention on Corruption, the Twenty Guiding + Principles against Corruption, the Recommendation on Codes of + Conduct for Public Officials, and the Recommendation on Common + Rules against Corruption in the Funding of Political Parties + and Electoral Campaigns. + (5) Organization for Security and Cooperation in Europe + (OSCE) ``Second Dimension'' commitments on good governance, + anti-corruption, anti-money laundering, and related issues. + (6) The Inter-American Convention Against Corruption under + the Organization of American States. + (c) Statement of Policy.--It is the policy of the United States +to-- + (1) leverage United States diplomatic engagement and + foreign assistance to promote the rule of law; + (2) promote the international standards identified in + section 4, as well as other relevant international standards + and best practices as such standards and practices develop, and + to seek the universal adoption and implementation of such + standards and practices by foreign states; + (3) support foreign states in promoting good governance and + combating public corruption; + (4) encourage and assist foreign partner countries to + identify and close loopholes in their legal and financial + architecture, including the misuse of anonymous shell + companies, free trade zones, and other legal structures, that + are enabling illicit finance and authoritarian capital to + penetrate their financial systems; + (5) help foreign partner countries to investigate and + combat the use of corruption by authoritarian governments, + particularly that of Vladimir Putin in Russia, as a tool of + malign influence worldwide; + (6) make use of sanctions authorities, such as the Global + Magnitsky Human Rights Accountability Act (enacted as subtitle + F of title XII of the National Defense Authorization Act for + Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note)), to + identify and take action against corrupt foreign actors; and + (7) ensure coordination between the departments and + agencies of the United States Government with jurisdiction over + the advancement of good governance in foreign states. + (d) Anti-Corruption Action Fund.-- + (1) In general.--The Secretary of State shall establish in + the Department of State a fund to be known as the ``Anti- + Corruption Action Fund'' to aid foreign states to prevent and + fight public corruption and develop rule of law-based + governance structures, including accountable investigative, + prosecutorial, and judicial bodies, and supplement existing + foreign assistance and diplomacy with respect to such efforts. + (2) Funding.--There is authorized to be appropriated to the + Fund an amount equal to five percent of each civil and criminal + fine and penalty imposed pursuant to actions brought under the + Foreign Corrupt Practices Act on or after the date of the + enactment of this Act for each fiscal year. Amounts + appropriated pursuant to this authorization shall be authorized + to remain available until expended. + (3) Support.--The Anti-Corruption Action Fund may support + governmental and nongovernmental parties in advancing the goals + specified in paragraph (1) and shall be allocated in a manner + complementary to existing United States foreign assistance, + diplomacy, and the anti-corruption activities of other + international donors. + (4) Preference.--In programing foreign assistance using the + Anti-Corruption Action Fund, the Secretary of State shall give + preference to projects that-- + (A) assist countries that are undergoing historic + opportunities for democratic transition, combating + corruption, and the establishment of the rule of law; + (B) are important to United States national + interests; and + (C) where United States foreign assistance could + significantly increase the chance of a successful + transition described in subparagraph (A). + (5) Public diplomacy.--The Secretary of State shall + publicize that funds provided to the Anti-Corruption Action + Fund originate from actions brought under the Foreign Corrupt + Practices Act so as to demonstrate that monies obtained under + such Act are contributing to international anti-corruption work + under this section, including by reducing the pressure that + United States businesses face to pay bribes overseas, thereby + contributing to greater United States competitiveness. + (e) Interagency Task Force.-- + (1) In general.--The Secretary of State shall have primary + responsibility for managing a whole-of-government effort to + improve coordination among United States Government departments + and agencies, as well as with other donor organizations, that + have a role in promoting good governance in foreign states and + enhancing the ability of foreign states to combat public + corruption. + (2) Interagency task force.--Not later than 180 days after + the date of the enactment of this Act, the Secretary of State + shall establish and convene an Interagency Task Force composed + of-- + (A) representatives appointed by the President from + appropriate departments and agencies, including the + Department of State, the United States Agency for + International Development (USAID), the Department of + Justice, the Department of the Treasury, the Department + of Homeland Security, the Department of Defense, the + Department of Commerce, the Millennium Challenge + Corporation, and the intelligence community; and + (B) representatives from any other United States + Government departments or agencies, as determined by + the Secretary. + (3) Additional meetings.--The Interagency Task Force + established in paragraph (2) shall meet not less than twice per + year. + (4) Duties.--The Interagency Task Force established in + paragraph (2) shall-- + (A) evaluate, on a general basis, the effectiveness + of existing foreign assistance programs, including + programs funded by the Anti-Corruption Action Fund + under section 6, that have an impact on promoting good + governance in foreign states and enhancing the ability + of foreign states to combat public corruption; + (B) assist the Secretary of State in managing the + whole-of-government effort described in subsection (a); + (C) identify general areas in which such whole-of- + government effort could be enhanced; and + (D) recommend specific programs for foreign states + that may be used to enhance such whole-of-government + effort. + (f) Designation of Embassy Anti-Corruption Points of Contact.-- + (1) Embassy anti-corruption point of contact.--The chief of + mission of each United States embassy shall designate an anti- + corruption point of contact for each such embassy. + (2) Duties.--The designated anti-corruption points of + contact under paragraph (1) shall-- + (A) with guidance from the Interagency Task Force + established under subsection (e), coordinate an + interagency approach within United States embassies to + combat public corruption in the foreign states in which + such embassies are located that is tailored to the + needs of such foreign states, including all relevant + United States Government departments and agencies with + a presence in such foreign states, such as the + Department of State, USAID, the Department of Justice, + the Department of the Treasury, the Department of + Homeland Security, the Department of Defense, the + Millennium Challenge Corporation, and the intelligence + community; + (B) make recommendations regarding the use of the + Anti-Corruption Action Fund under section 6 and other + foreign assistance related to anti-corruption efforts + in their respective foreign states, aligning such + assistance with United States diplomatic engagement; + and + (C) ensure that anti-corruption activities carried + out within their respective foreign states are included + in regular reporting to the Secretary of State and the + Interagency Task Force under subsection (e), including + United States embassy strategic planning documents and + foreign assistance-related reporting, as appropriate. + (3) Training.--The Secretary of State shall develop and + implement appropriate training for designated anti-corruption + points of contact under this subsection. + (g) Reporting Requirements.-- + (1) Report on promoting international standards in + combating corruption, kleptocracy, and illicit finance.--Not + later than 180 days after the date of the enactment of this + Act, the Secretary of State, in consultation with the + Administrator of the USAID and the Secretary of the Treasury, + shall submit to the appropriate congressional committees a + report that-- + (A) summarizes any progress made by foreign states + to adopt and implement each of the international + standards in combating corruption, kleptocracy, and + illicit finance listed in subsection (b); + (B) details the efforts of the United States + Government to promote such international standards; + (C) identifies priority countries for outreach + regarding such international standards; and + (D) outlines a plan to encourage the adoption and + implementation of such international standards, + including specific steps to take with the priority + countries identified in accordance with subparagraph + (C). + (2) Report on progress toward implementation.--Not later + than 1 year after the date of the enactment of this Act and + annually thereafter for 3 years, the Secretary of State, in + consultation with the Administrator of the USAID, shall submit + to the appropriate congressional committees a report + summarizing progress in implementing this Act, including-- + (A) a description of the bureaucratic structure of + the offices within the Department and USAID that are + engaged in activities to combat corruption, + kleptocracy, and illicit finance, and how such offices + coordinate with one another; + (B) information relating to the amount of funds + deposited in the Anti-Corruption Action Fund + established under section 6 and the obligation, + expenditure, and impact of such funds; + (C) the activities of the Interagency Task Force + established pursuant to subsection (e)(2); + (D) the designation of anti-corruption points of + contact for foreign states pursuant to subsection + (f)(1) and any training provided to such points of + contact pursuant to subsection (f)(3); and + (E) additional resources or personnel needs to + better achieve the goals of this Act to combat + corruption, kleptocracy, and illicit finance overseas. + (3) Online platform.--The Secretary of State, in + conjunction with the Administrator of the USAID, shall + consolidate existing reports and briefings with anti-corruption + components into one online, public platform, that includes the + following: + (A) The Annual Country Reports on Human Rights + Practices. + (B) The Fiscal Transparency Report. + (C) The Investment Climate Statement reports. + (D) The International Narcotics Control Strategy + Report. + (E) Any other relevant public reports. + (F) Links to third-party indicators and compliance + mechanisms used by the United States Government to + inform policy and programming, such as the following: + (i) The International Finance Corporation's + Doing Business surveys. + (ii) The International Budget Partnership's + Open Budget Index. + (iii) Multilateral peer review anti- + corruption compliance mechanisms, such as the + Organisation for Economic Co-operation and + Development's Working Group on Bribery in + International Business Transactions, the + Follow-Up Mechanism for the Inter-American + Convention against Corruption (MESICIC), and + the United Nations Convention against + Corruption, done at New York October 31, 2003, + to further highlight expert international views + on foreign state challenges and efforts. + +SEC. 1239. REPORT ON THREATS TO THE UNITED STATES ARMED FORCES FROM THE + RUSSIAN FEDERATION. + + (a) Report.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the Director of National Intelligence and the Secretary of State, shall +submit to the appropriate congressional committees a report on all +threats to the United States Armed Forces and personnel of the United +States from the Russian Federation and associated agents, entities, and +proxies. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) An assessment of all threats to the United States Armed + Forces and personnel of the United States from Russia and + associated agents, entities, and proxies in all theaters where + United States Armed Forces are engaged. + (2) A description of all actions taken to ensure force + protection of both the United States Armed Forces and diplomats + of the United States. + (3) A description of non-military actions taken to + emphasize to Russia that the United States will not tolerate + threats to the armed forces of the United States, the allies of + the United States, and the diplomats and operations of the + United States. + (c) Form.--The report required by subsection (b) shall be submitted +in unclassified form, but may include a classified annex. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means the following: + (1) The Committee on Armed Services, the Committee on + Foreign Affairs, and the Permanent Select Committee on + Intelligence of the House of Representatives. + (2) The Committee on Armed Services, the Committee on + Foreign Relations, and the Select Committee on Intelligence of + the Senate. + + Subtitle E--Matters Relating to Europe and NATO + +SEC. 1241. LIMITATIONS ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF + MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO + ARE STATIONED IN GERMANY, TO REDUCE THE TOTAL NUMBER OF + MEMBERS OF THE ARMED FORCES STATIONED IN EUROPE, AND TO + DIVEST MILITARY INFRASTRUCTURE IN EUROPE. + + (a) Limitation on Use of Funds To Reduce the Total Number of +Members of the Armed Forces Serving on Active Duty Who Are Stationed in +Germany.--None of the funds authorized to be appropriated or otherwise +made available to the Department of Defense may be used during the +period beginning on the date of the enactment of this Act and ending on +December 31, 2021, to take any action to reduce the total number of +members of the Armed Forces serving on active duty who are stationed in +Germany below the levels present on June 10, 2020, until 180 days after +the date on which the Secretary of Defense and the Chairman of the +Joint Chiefs of Staff have separately submitted to the congressional +defense committees the following: + (1) A certification that-- + (A) such a reduction is in the national security + interest of the United States and will not + significantly undermine the security of the United + States or its allies in the region, including a + justification explaining the analysis behind the + certification; and + (B) the Secretary has appropriately consulted with + United States allies and partners in Europe, including + all members of the North Atlantic Treaty Organization + (NATO), regarding such a reduction. + (2) A detailed analysis of the impact such a reduction + would have on the security of United States allies and partners + in Europe and on interoperability and joint activities with + such allies and partners, including major military exercises. + (3) A detailed analysis of the impact such a reduction + would have on the ability to deter Russian aggression and + ensure the territorial integrity of United States allies and + partners in Europe. + (4) A detailed analysis of the impact such a reduction + would have on the ability to counter Russian malign activity. + (5) A detailed analysis of where the members of the Armed + Forces will be moved and stationed as a consequence of such a + reduction. + (6) A detailed plan for how such a reduction would be + implemented. + (7) A detailed analysis of the cost implications of such a + reduction, to include the cost associated with new facilities + to be constructed at the location to which the members of the + Armed Forces are to be moved and stationed. + (8) A detailed analysis of the impact such a reduction + would have on United States service members and their families + stationed in Europe. + (9) A detailed analysis of the impact such a reduction + would have on Joint Force Planning. + (10) A detailed explanation of the impact such a reduction + would have on implementation of the National Defense Strategy + and a certification that the reduction would not negatively + affect implementation of the National Defense Strategy. + (b) Limitation on Use of Funds To Reduce the Total Number of +Members of the Armed Forces Stationed in Europe.--None of the funds +authorized to be appropriated or otherwise made available for the +Department of Defense may be used during the period beginning on the +date of the enactment of this Act and ending on December 31, 2021, to +reduce the total number of members of the Armed Forces serving on +active duty who are stationed in Europe below the levels present on +June 10, 2020, until 180 days after the date on which the Secretary of +Defense and the Chairman of the Joint Chiefs of Staff have separately +submitted to the congressional defense committees the following: + (1) A certification that-- + (A) such a reduction is in the national security + interest of the United States and will not + significantly undermine the security of the United + States or its allies in the region, including a + justification explaining the analysis behind the + certification. + (B) the Secretary has appropriately consulted with + United States allies and partners in Europe, including + all members of NATO, regarding such a reduction. + (2) A detailed analysis of the impact such a reduction + would have on the security of United States allies and partners + in Europe and on interoperability and joint activities with + such allies and partners, including major military exercises. + (3) A detailed analysis of the impact such a reduction + would have on the ability to deter Russian aggression and + ensure the territorial integrity of United States allies and + partners in Europe. + (4) A detailed analysis of the impact such a reduction + would have on the ability to counter Russian malign activity. + (5) A detailed analysis of where the forces will be moved + and stationed as a consequence of such a reduction. + (6) A detailed plan for how such a reduction would be + implemented. + (7) A detailed analysis of the cost implications of such a + reduction, to include the cost associated with new facilities + to be constructed at the location to which the members of the + Armed Forces are to be moved and stationed. + (8) A detailed analysis of the impact such a reduction + would have on service members and their families stationed in + Europe. + (9) A detailed analysis of the impact such a reduction + would have on Joint Force Planning. + (10) A detailed explanation of the impact such a reduction + would have on implementation of the National Defense Strategy + and a certification that the reduction would not negatively + affect implementation of the National Defense Strategy. + (c) Limitation To Divest Military Infrastructure in Europe.-- + (1) In general.--The Secretary of Defense may not take any + action to divest any infrastructure or real property in Europe + under the operational control of the Department of Defense + unless, prior to taking such action, the Secretary certifies to + the congressional defense committees that no military + requirement for future use of the infrastructure or real + property is foreseeable. + (2) Sunset.--This subsection shall terminate on the date + that is 5 years after the date of the enactment of this Act. + +SEC. 1242. SENSE OF CONGRESS REAFFIRMING THE COMMITMENT OF THE UNITED + STATES TO NATO. + + (a) Findings.--Congress finds the following: + (1) On April 4, 1949, the North Atlantic Treaty + Organization (NATO) was founded on the principles of democracy, + individual liberty, and the rule of law with the aim of + promoting collective security through collective defense. + (2) NATO has been the most successful military alliance in + history and, for over seven decades, an example of successful + political cooperation. + (3) NATO's commitment to collective defense is essential to + deter security threat against its members. + (4) NATO strengthens the security of the United States by + enabling United States forces to work by, with, and through a + network of committed, interoperable allies. + (5) NATO solidarity sends a clear collective message to + Russia that members of the alliance will not tolerate + aggressive acts that threaten their security and sovereignty. + (6) In response to changing national security threats, NATO + continues to adapt to take on new dynamics such as terrorism, + hybrid warfare, the spread of weapons of mass destruction, and + cyber attacks. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) the United States reaffirms its commitment to the North + Atlantic Treaty Organization as the foundation of transatlantic + security and defense , including Article V of the North + Atlantic Treaty; and + (2) NATO plays a critical role in preserving peace and + stability in the transatlantic region. + +SEC. 1243. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED ACTION TO + ENSURE THE SECURITY OF BALTIC ALLIES. + + It is the sense of Congress that-- + (1) the continued security of the Baltic states of Estonia, + Latvia, and Lithuania is critical to achieving United States + national security interests and defense objectives against the + acute and formidable threat posed by Russia; + (2) the United States and the Baltic states are leaders in + the mission of defending independence and democracy from + aggression and in promoting stability and security within the + North Atlantic Treaty Organization (NATO), with non-NATO + partners, and with other international organizations such as + the European Union; + (3) the Baltic states are model NATO allies in terms of + burden sharing and capital investment in materiel critical to + United States and allied security, investment of over 2 percent + of their gross domestic product on defense expenditure, + allocating over 20 percent of their defense budgets on capital + modernization, matching security assistance from the United + States, frequently deploying their forces around the world in + support of allied and United States objectives, and sharing + diplomatic, technical, military, and analytical expertise on + defense and security matters; + (4) the United States should continue to strengthen + bilateral and multilateral defense by, with, and through allied + nations, particularly those which possess expertise and + dexterity but do not enjoy the benefits of national economies + of scale; + (5) the United States should pursue consistent efforts + focused on defense and security assistance, coordination, and + planning designed to ensure the continued security of the + Baltic states and on deterring current and future challenges to + the national sovereignty of United States allies and partners + in the Baltic region; and + (6) such an initiative should include an innovative and + comprehensive conflict deterrence strategy for the Baltic + region encompassing the unique geography of the Baltic states, + modern and diffuse threats to their land, sea, and air spaces, + and necessary improvements to their defense posture, including + command-and-control infrastructure, intelligence, surveillance, + and reconnaissance capabilities, communications equipment and + networks, and special forces. + +SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR ESTONIA, LATVIA, AND + LITHUANIA. + + (a) Findings.--Congress finds the following: + (1) The Baltic countries of Estonia, Latvia, and Lithuania + are highly valued allies of the United States, and they have + repeatedly demonstrated their commitment to advancing our + mutual interests as well as those of the NATO Alliance. + (2) Operation Atlantic Resolve is a series of exercises and + coordinating efforts demonstrating the United States' + commitment to its European partners and allies, including the + Baltic countries of Estonia, Latvia, and Lithuania, with the + shared goal of peace and stability in the region. Operation + Atlantic Resolve strengthens communication and understanding, + and is an important effort to deter Russian aggression in the + region. + (3) Through Operation Atlantic Resolve, the European + Deterrence Initiative undertakes exercises, training, and + rotational presence necessary to reassure and integrate our + allies, including the Baltic countries, into a common defense + framework. + (4) All three Baltic countries contributed to the NATO-led + International Security Assistance Force in Afghanistan, sending + troops and operating with few caveats. The Baltic countries + continue to commit resources and troops to the Resolute Support + Mission in Afghanistan. + (b) Sense of Congress.--Congress-- + (1) reaffirms its support for the principle of collective + defense in Article 5 of the North Atlantic Treaty for our NATO + allies, including Estonia, Latvia, and Lithuania; + (2) supports the sovereignty, independence, territorial + integrity, and inviolability of Estonia, Latvia, and Lithuania + as well as their internationally recognized borders, and + expresses concerns over increasingly aggressive military + maneuvering by the Russian Federation near their borders and + airspace; + (3) expresses concern over and condemns subversive and + destabilizing activities by the Russian Federation within the + Baltic countries; and + (4) encourages the Administration to further enhance + defense cooperation efforts with Estonia, Latvia, and Lithuania + and supports the efforts of their Governments to provide for + the defense of their people and sovereign territory. + +SEC. 1245. SENSE OF CONGRESS ON SUPPORT FOR GEORGIA. + + (a) Findings.--Congress finds the following: + (1) Georgia is a valued friend of the United States and has + repeatedly demonstrated its commitment to advancing the mutual + interests of both countries, including the deployment of + Georgian forces as part of the former International Security + Assistance Force (ISAF) and the current Resolute Support + Mission led by the North Atlantic Treaty Organization (NATO) in + Afghanistan and the Multi-National Force in Iraq. + (2) The European Deterrence Initiative builds the + partnership capacity of Georgia so it can work more closely + with the United States and NATO, as well as provide for its own + defense. + (3) In addition to the European Deterrence Initiative, + Georgia's participation in the NATO initiative Partnership for + Peace is paramount to interoperability with the United States + and NATO, and establishing a more peaceful environment in the + region. + (4) Despite the losses suffered, as a NATO partner, Georgia + is committed to the Resolute Support Mission in Afghanistan + with the fifth-largest contingent on the ground. + (b) Sense of Congress.--It is the sense of Congress that the United +States should-- + (1) reaffirm support for an enduring strategic partnership + between the United States and Georgia; + (2) support Georgia's sovereignty and territorial integrity + within its internationally-recognized borders, and does not + recognize the independence of the Abkhazia and South Ossetia + regions currently occupied by the Russian Federation; + (3) continue support for multi-domain security assistance + for Georgia in the form of lethal and non-lethal measures to + build resiliency, bolster deterrence against Russian + aggression, and promote stability in the region, by-- + (A) strengthening defensive capabilities and + promote readiness; and + (B) improving interoperability with NATO forces; + and + (4) further enhance security cooperation and engagement + with Georgia and other Black Sea regional partners. + +SEC. 1246. SENSE OF CONGRESS ON BURDEN SHARING BY PARTNERS AND ALLIES. + + (a) Findings.--Congress makes the following findings: + (1) The United States' alliances and other critical defense + partnerships are a cornerstone of Department of Defense (DOD) + efforts to deter aggression from our adversaries, counter + violent extremism, and preserve United States national security + interests in the face of challenges to those interests by + Russia, China and other actors. + (2) The North Atlantic Treaty Organization (NATO) is the + most successful military alliance in history, having deterred + war between major state powers for more than 70 years. + (3) Collective security and the responsibility of each + member of the security of the other members as well as the + alliance as a whole is a pillar of the NATO alliance. + (4) NATO members other than the United States collectively + expend over $300,000,000,000 in defense investments annually + and maintain military forces totaling an estimated 1,900,000 + service members, bolstering the alliance's collective capacity + to counter shared threats. + (5) At the NATO Wales Summit in 2014, NATO members pledged + to strive to increase their own defense spending to 2 percent + of their respective gross domestic products and to spend at + least 20 percent of their defense budgets on equipment by 2024 + as part of their burden sharing commitments. + (6) Since 2014, there has been a steady increase in allied + defense spending, with 22 member countries meeting defense + spending targets in 2018 and having submitted plans to meet the + targets by 2024. + (7) In addition to individual defense spending + contributions, NATO allies and partners also contribute to NATO + and United States operations around the world, including the + Resolute Support Mission in Afghanistan and the Global + Coalition to Defeat the Islamic State in Iraq and Syria (ISIS). + (8) South Korea hosts a baseline of 28,500 United States + forces including the Eighth Army and Seventh Air Force. + (9) South Korea maintains Aegis Ballistic Missile Defense + and Patriot Batteries that contribute to regional Ballistic + Missile Defense, is a participant in the Enforcement + Coordination Center, and is a significant contributor to United + Nations peacekeeping operations. + (10) South Korea is an active consumer of United States + Foreign Military Sales (FMS) with approximately $30,500,000,000 + in active FMS cases and makes significant financial + contributions to support forward deployed United States forces + in South Korea, including contributions of $924,000,000 under + the Special Measures Agreement in 2019 and over 90 percent of + the cost of developing Camp Humphreys. + (11) Japan hosts 54,000 United States forces including the + Seventh Fleet, the only forward-deployed United States aircraft + carrier, and the United States Marine Corps' III Marine + Expeditionary Force. + (12) Japan maintains Aegis Ballistic Missile Defense and + Patriot Batteries that contribute to regional Ballistic Missile + Defense, conducts bilateral presence operations and mutual + asset protection missions with United States forces, and is a + capacity building contributor to United Nations peacekeeping + operations. + (13) Japan is an active consumer of United States FMS with + approximately $28,400,000,000 in active FMS cases and makes + significant financial contributions to enable optimized United + States military posture, including contributions of + approximately $2,000,000,000 annually under the Special + Measures Agreement, $187,000,000 annually under the Japan + Facilities Improvement Program, $12,100,000,000 for the Futenma + Replacement Facility, $4,800,000,000 for Marine Corps Air + Station Iwakuni, and $3,100,000,000 for construction on Guam to + support the movement of United States Marines from Okinawa. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) the United States Government should focus on United + States national security requirements for investment in forward + presence, joint exercises, investments, and commitments that + contribute to the security of the United States and collective + security, and cease efforts that solely focus on the financial + contributions of United States allies and partners when + negotiating joint security arrangements; + (2) the United States must continue to strengthen its + alliances and security partnerships with like-minded + democracies around the world to deter aggression from + authoritarian competitors and promote peace and respect for + democratic values and human rights around the world; + (3) United States partners and allies should continue to + increase their military capacity and enhance their ability to + contribute to global peace and security; + (4) NATO allies should continue working toward their 2014 + Wales Defense Investment Pledge commitments; + (5) the United States should work with the Governments of + South Korea and Japan respectively to reach fair and equitable + Special Measures Agreements that reflect the critical security + relationships between both countries and the United States; + (6) the United States should maintain forward-deployed + United States forces in order to better ensure United States + national security and global stability; + (7) alliances and partnerships are the cornerstone of + United States national security and critical to countering the + threat posed by malign actors to the post-World War II liberal + international order; and + (8) the United States and NATO allies should prioritize at + each NATO Summit deterrence against Russian aggression. + +SEC. 1247. SENSE OF CONGRESS ON NATO'S RESPONSE TO THE COVID-19 + PANDEMIC. + + (a) Findings.--Congress finds the following: + (1) The North Atlantic Treaty Organization (NATO) has been + working with allies and partners to provide support to the + civilian response to the Coronavirus Disease 2019 (commonly + referred to as ``COVID-19'') pandemic, including logistics and + planning, field hospitals, and transport, while maintaining + NATO's operational readiness and continuing to carry out + critical NATO missions. + (2) Since the beginning of the pandemic, NATO allies and + partners have completed more than 350 airlift flights, + supplying hundreds of tons of critical supplies globally, have + built nearly 100 field hospitals and dedicated more than half a + million troops to support the civilian response to the + pandemic. + (3) NATO's Euro-Atlantic Disaster Response Coordination + Centre has been operating 24 hours, 7 days a week to coordinate + requests for supplies and resources. + (4) The NATO Support and Procurement Agency's Strategic + Airlift Capability and Strategic Airlift International Solution + programs have chartered flights to transport medical supplies + between partners and allies. + (5) NATO established Rapid Air Mobility to speed up + military air transport of medical supplies and resources to + allies and partners experiencing a shortage of medical supplies + and personal protective equipment. + (6) In June 2020, NATO Defense Ministers agreed to future + steps to prepare for a potential second wave of the COVID-19 + pandemic, including a new operation plan, establishing a + stockpile of medical equipment and supplies, and a new fund to + acquire medical supplies and services. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) NATO's response to the COVID-19 pandemic is an + excellent example of the democratic alliance's capacity + tackling overwhelming logistical challenges through close + collaboration; + (2) the United States should remain committed to + strengthening NATO's operational response to the pandemic; and + (3) the United States should fulfill its commitments made + at the 2020 NATO Defense Ministerial and continue to bolster + the work of the Euro-Atlantic Disaster Response Coordination + Centre, the NATO Support and Procurement Agency's Strategic + Airlift Capability and Strategic Airlift International Solution + programs, and other efforts to utilize NATO's capabilities to + support the civilian pandemic response. + +SEC. 1248. CLARIFICATION AND EXPANSION OF SANCTIONS RELATING TO + CONSTRUCTION OF NORD STREAM 2 OR TURKSTREAM PIPELINE + PROJECTS. + + (a) In General.--Subsection (a)(1) of section 7503 of the +Protecting Europe's Energy Security Act of 2019 (title LXXV of Public +Law 116-92; 22 U.S.C. 9526 note) is amended-- + (1) in subparagraph (A), by inserting ``or pipelaying + activities'' after ``pipe-laying''; and + (2) in subparagraph (B)-- + (A) in clause (i)-- + (i) by inserting ``, or significantly + facilitated the sale, lease, or provision of,'' + after ``provided''; and + (ii) by striking ``; or'' and inserting a + semicolon; + (B) in clause (ii), by striking the period at the + end and inserting a semicolon; and + (C) by adding at the end the following: + ``(iii) provided significant underwriting + services or insurance for those vessels; or + ``(iv) provided significant services or + facilities for technology upgrades or + installation of welding equipment for, or + retrofitting or tethering of, those vessels.''. + (b) Definitions.--Subsection (i) of such section is amended-- + (1) by redesignating paragraph (5) as paragraph (6); and + (2) by inserting after paragraph (4) the following: + ``(5) Pipe-laying activities.--The term `pipe-laying + activities' means activities that facilitate pipe-laying, + including site preparation, trenching, surveying, placing + rocks, stringing, bending, welding, coating, lowering of pipe, + and backfilling.''. + (c) Clarification.--The amendments made by subsection (a) shall +take effect in accordance with (d) of section 7503 of the Protecting +Europe's Energy Security Act of 2019 (22 U.S.C. 9526 note). + (d) Interim Report Required.-- + (1) In general.--As soon as practicable and not later than + 90 days after the date of the enactment of this Act, the + Secretary of State, in consultation with the Secretary of the + Treasury, shall submit a report on the matters required by + subsection (a) of section 7503 of the Protecting Europe's + Energy Security Act of 2019 (22 U.S.C. 9526 note), as amended + by this section, with respect to the period-- + (A) beginning on the later of-- + (i) the date of the enactment of this Act; + or + (ii) the date of the most recent submission + of a report required by such section 7503; and + (B) ending on the date on which the report required + by this subparagraph is submitted. + (2) Treatment.--A report submitted pursuant to paragraph + (1) shall be-- + (A) submitted to the same committees as a report + submitted under subsection (a) of such section 7503; + and + (B) otherwise treated as a report submitted under + such subsection (a) for purposes of all authorities + granted by such section pursuant to such a report. + +SEC. 1249. COORDINATION OF STOCKPILES WITH THE NORTH ATLANTIC TREATY + ORGANIZATION AND OTHER ALLIES. + + Title I of the Defense Production Act of 1950 (50 U.S.C. 5411 et +seq.) is amended by adding at the end the following new section: + +``SEC. 109. COORDINATION WITH THE NORTH ATLANTIC TREATY ORGANIZATION + AND OTHER ALLIES. + + ``(a) Coordination Required.--If the President determines to use or +invoke an authority under this title in the context of the outbreak of +a pandemic that affects other North Atlantic Treaty Organization (NATO) +member countries or affects any country with which the United States +has entered into a mutual defense treaty, the President, acting through +the Secretary of Defense with the concurrence of the Secretary of +State, and in consultation with the Secretary of Health and Human +Services, shall-- + ``(1) coordinate with appropriate counterparts of NATO + member countries or mutual defense treaty countries to assess + any logistical challenges relating to demand or supply chain + gaps with respect to the United States and such countries; + ``(2) work to fill such gaps in order to ensure a necessary + and appropriate level of scarce and critical material essential + to the national defense for the United States and such + countries; and + ``(3) promote access to vaccines or other remedies through + Federally funded medical research to respond to the declared + pandemic. + ``(b) Sense of Congress.--It is the sense of Congress that the +United States should work with its NATO and other allies and partners +to build permanent mechanisms to strengthen supply chains, fill supply +chain gaps, and maintain commitments made at the June 2020 NATO Defense +Ministerial.''. + + Subtitle F--Matters Relating to the Indo-Pacific Region + +SEC. 1251. INDO-PACIFIC REASSURANCE INITIATIVE. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) a stable, peaceful, and secure Indo-Pacific region is + vital to United States economic and national security; + (2) revisionist states, rogue states, violent extremist + organizations, and natural and manmade disasters are persistent + challenges to regional stability and security; + (3) maintaining stability and upholding a rules-based order + requires a holistic United States strategy that-- + (A) synchronizes all elements of national power; + (B) is inclusive of United States allies and + partner countries; and + (C) ensures a persistent, predictable United States + presence to reinforce regional defense; + (4) enhancing regional defense requires robust efforts to + increase capability, readiness, and responsiveness to deter and + mitigate destabilizing activities; + (5) the Department of Defense should pursue an integrated + program of activities to-- + (A) reassure United States allies and partner + countries in the Indo-Pacific region; + (B) appropriately prioritize activities and + resources to implement the National Defense Strategy; + and + (C) enhance the ability of Congress to provide + oversight of and support to Department of Defense + efforts; + (6) an integrated, coherent, and strategic program of + activities in the Indo-Pacific region, similar to the European + Deterrence Initiative (originally the European Reassurance + Initiative), will enhance United States presence and + positioning, allow for additional exercises, improve + infrastructure and logistics, and build allied and partner + capacity to deter aggression, strengthen ally and partner + interoperability, and demonstrate United States commitment to + Indo-Pacific countries; + (7) an integrated, coherent, and strategic program of + activities in the Indo-Pacific region will also assist in + resourcing budgetary priorities and enhancing transparency and + oversight of programs and activities to better enable a + coordinated and strategic plan for Department of Defense + programs; + (8) not less than $3,578,360,000 of base funding should be + allocated to fully support such program of activities in fiscal + year 2021; and + (9) the Department of Defense should ensure adequate, + consistent planning is conducted for future funding and build + upon the activities identified in fiscal year 2021 in future + budget requests, as appropriate. + (b) Indo-Pacific Reassurance Initiative.--The Secretary of Defense +shall carry out a program of prioritized activities to reassure United +States allies and partner countries in the Indo-Pacific region that +shall be known as the ``Indo-Pacific Reassurance Initiative'' (in this +section referred to as the ``Initiative''). + (c) Objectives.--The objectives of the Initiative shall include +reassuring United States allies and partner countries in the Indo- +Pacific region by-- + (1) optimizing the presence of United States Armed Forces + in the region; + (2) strengthening and maintaining bilateral and + multilateral military exercises and training with such + countries; + (3) improving infrastructure in the region to enhance the + responsiveness of United States Armed Forces; + (4) enhancing the prepositioning of equipment and materiel + in the region; and + (5) building the defense and security capabilities, + capacity, and cooperation of such countries. + (d) Plan Relating to Transparency for the Indo-Pacific Reassurance +Initiative.-- + (1) Plan required.-- + (A) In general.--Not later than February 1, 2022, + and annually thereafter, the Secretary of Defense, in + consultation with the Commander of the United States + Indo-Pacific Command, shall submit to the congressional + defense committees a future years plan on activities + and resources of the Initiative. + (B) Applicability.--The plan shall apply to the + Initiative with respect to the first fiscal year + beginning after the date of submission of the plan and + at least the 4 succeeding fiscal years. + (2) Matters to be included.--The plan required under + paragraph (1) shall include each of the following: + (A) A summary of progress made towards achieving + the objectives of the Initiative. + (B) An assessment of resource requirements to + achieve such objectives. + (C) An assessment of capabilities requirements to + achieve such objectives. + (D) An assessment of logistics requirements, + including force enablers, equipment, supplies, storage, + and maintenance requirements, to achieve such + objectives. + (E) An identification of the intended force + structure and posture of the assigned and allocated + forces within the area of responsibility of the United + States Indo-Pacific Command for the last fiscal year of + the plan and the manner in which such force structure + and posture support such objectives. + (F) An identification and assessment of required + infrastructure and military construction investments to + achieve such objectives, including potential + infrastructure investments proposed by host countries, + new construction or modernization of existing sites + that would be funded by the United States, and a master + plan that includes the following: + (i) A list of specific locations, organized + by country, in which the Commander of the + United States Indo-Pacific Command anticipates + requiring infrastructure investments to support + an enduring or periodic military presence in + the region. + (ii) A list of specific infrastructure + investments required at each location + identified under clause (i), to include the + project title and estimated cost of each + project. + (iii) A brief explanation for how each + location identified under clause (i) and + infrastructure investments identified under + clause (ii) support a validated requirement or + component of the overall strategy in the + region. + (iv) A discussion of any gaps in the + current infrastructure authorities that would + preclude implementation of the infrastructure + investments identified under clause (ii). + (v) A description of the type and size of + military force elements that would maintain an + enduring presence or operate periodically from + each location identified under clause (i). + (vi) A summary of kinetic and non-kinetic + vulnerabilities for current locations and each + location identified in clause (i), to include-- + (I) the level of risk associated + with each vulnerability; and + (II) the proposed mitigations and + projected costs to address each such + vulnerability, to include-- + (aa) hardening and other + resilience measures; + (bb) active and passive + counter-Intelligence, + Surveillance, and + Reconnaissance; + (cc) active and passive + counter Positioning, + Navigation, and Timing; + (dd) air and missile + defense capabilities; + (ee) enhanced logistics and + sea lines of communication + security; and + (ff) other issues + identified by the Commander of + the United States Indo-Pacific + Command. + (G) An assessment of logistics requirements, + including force enablers, equipment, supplies, storage, + fuel storage and distribution, and maintenance + requirements, to achieve such objectives. + (H) An analysis of the challenges to the ability of + the United States to deploy significant forces from the + continental United States to the Indo-Pacific theater + in the event of a major contingency, and a description + of the plans of the Department of Defense, including + military exercises, to address such challenges. + (I) An assessment and plan for security cooperation + investments to enhance such objectives. + (J) A plan to resource United States force posture + and capabilities, including-- + (i) the infrastructure capacity of existing + locations and their ability to accommodate + additional United States forces in the Indo- + Pacific region; + (ii) the potential new locations for + additional United States Armed Forces in the + Indo-Pacific region, including an assessment of + infrastructure and military construction + resources necessary to accommodate such forces; + (iii) a detailed timeline to achieve + desired posture requirements; + (iv) a detailed assessment of the resources + necessary to achieve the requirements of the + plan, including specific cost estimates for + each project under the Initiative to support + optimized presence, exercises and training, + enhanced prepositioning, improved + infrastructure, and building partnership + capacity; and + (v) a detailed timeline to achieve the + force posture and capabilities, including force + requirements. + (K) A detailed explanation of any significant + modifications of the requirements or resources, as + compared to plans previously submitted under paragraph + (1). + (L) Any other matters the Secretary of Defense + determines should be included. + (3) Form.--The plan required under paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + (e) Budget Submission Information.--For fiscal year 2022 and each +fiscal year thereafter, the Secretary of Defense shall include in the +budget justification materials submitted to Congress in support of the +Department of Defense budget for that fiscal year (as submitted with +the budget of the President under section 1105(a) of title 31, United +States Code)-- + (1) the amounts, by budget function and as a separate item, + requested for the Department of Defense for such fiscal year + for all programs and activities under the Initiative; and + (2) a detailed budget display for the Initiative, + including-- + (A) with respect to procurement accounts-- + (i) amounts displayed by account, budget + activity, line number, line item, and line item + title; and + (ii) a description of the requirements for + each such amounts; + (B) with respect to research, development, test, + and evaluation accounts-- + (i) amounts displayed by account, budget + activity, line number, program element, and + program element title; and + (ii) a description of the requirements for + each such amount; + (C) with respect to operation and maintenance + accounts-- + (i) amounts displayed by account title, + budget activity title, line number, and + subactivity group title; and + (ii) a description of how such amounts will + specifically be used; + (D) with respect to military personnel accounts-- + (i) amounts displayed by account, budget + activity, budget subactivity, and budget + subactivity title; and + (ii) a description of the requirements for + each such amount; and + (E) with respect to each project under military + construction accounts (including with respect to + unspecified minor military construction and amounts for + planning and design), the country, location, project + title, and project amount for each fiscal year. + (f) End of Fiscal Year Report.--Not later than November 20, 2022, +and annually thereafter, the Secretary of Defense shall submit to the +congressional defense committees a report that contains-- + (1) a detailed summary of funds obligated for the + Initiative during the preceding fiscal year; and + (2) a detailed comparison of funds obligated for the + Initiative during the preceding fiscal year to the amount of + funds requested for the Initiative for such fiscal year in the + materials submitted to Congress by the Secretary in support of + the budget of the President for that fiscal year as required by + subsection (e), including with respect to each of the accounts + described in subparagraphs (A), (B), (C), (D), and (E) of + subsection (e)(2) and the information required under each such + subparagraph. + (g) Briefings Required.--Not later than March 1, 2023, and annually +thereafter, the Secretary of Defense shall provide to the congressional +defense committees a briefing on the status of all matters covered by +the report required by section (f). + (h) Relationship to Budget.--Nothing in this section shall be +construed to affect section 1105(a) of title 31, United States Code. + (i) Conforming Repeal.--Section 1251 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. +1676) is repealed. + +SEC. 1252. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF + MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO + ARE DEPLOYED TO SOUTH KOREA. + + None of the funds authorized to be appropriated by this Act may be +used to reduce the total number of members of the Armed Forces serving +on active duty who are deployed to South Korea below 28,500 until 180 +days after the date on which the Secretary of Defense certifies to the +congressional defense committees the following: + (1) Such a reduction is in the national security interest + of the United States and will not significantly undermine the + security of United States allies in the region. + (2) Such a reduction is commensurate with a reduction in + the threat posed to the United States and its allies in the + region by the Democratic People's Republic of Korea. + (3) Following such a reduction, the Republic of Korea would + be capable of deterring a conflict on the Korean Peninsula. + (4) The Secretary has appropriately consulted with allies + of the United States, including South Korea and Japan, + regarding such a reduction. + +SEC. 1253. IMPLEMENTATION OF GAO RECOMMENDATIONS ON PREPAREDNESS OF + UNITED STATES FORCES TO COUNTER NORTH KOREAN CHEMICAL AND + BIOLOGICAL WEAPONS. + + (a) Plan Required.-- + (1) In general.--The Secretary of Defense shall develop a + plan to address the recommendations in the U.S. Government + Accountability Office's report entitled ``Preparedness of U.S. + Forces to Counter North Korean Chemical and Biological + Weapons'' (GAO-20-79C). + (2) Elements.--The plan required under paragraph (1) shall, + with respect to each recommendation in the report described in + paragraph (1) that the Secretary of Defense has implemented or + intends to implement, include-- + (A) a summary of actions that have been or will be + taken to implement the recommendation; and + (B) a schedule, with specific milestones, for + completing implementation of the recommendation. + (b) Submittal to Congress.--Not later than 1 year after the date of +the enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees the plan required under subsection +(a). + (c) Deadline for Implementation.-- + (1) In general.--Except as provided in paragraph (2), not + later than 18 months after the date of the enactment of this + Act, the Secretary of Defense shall carry out activities to + implement the plan developed under subsection (a). + (2) Exception for implementation of certain + recommendations.-- + (A) Delayed implementation.--The Secretary of + Defense may initiate implementation of a recommendation + in the report described in subsection (a)(1) after the + date specified in paragraph (1) if the Secretary + provides the congressional defense committees with a + specific justification for the delay in implementation + of such recommendation on or before such date. + (B) Nonimplementation.--The Secretary of Defense + may decide not to implement a recommendation in the + report described in subsection (a)(1) if the Secretary + provides to the congressional defense committees, on or + before the date specified in paragraph (1)-- + (i) a specific justification for the + decision not to implement the recommendation; + and + (ii) a summary of alternative actions the + Secretary plans to take to address the + conditions underlying the recommendation. + +SEC. 1254. PUBLIC REPORTING OF CHINESE MILITARY COMPANIES OPERATING IN + THE UNITED STATES. + + (a) Determination of Operations.--Not later than 1 year after the +date of the enactment of this Act, and on an ongoing basis thereafter, +the Secretary of Defense shall identify each entity the Secretary +determines, based on the most recent information available, is-- + (1)(A) directly or indirectly owned, controlled, or + beneficially owned by, or in an official or unofficial capacity + acting as an agent of or on behalf of, the People's Liberation + Army or any of its affiliates; or + (B) identified as a military-civil fusion contributor to + the Chinese defense industrial base; + (2) engaged in providing commercial services, + manufacturing, producing, or exporting; and + (3) operating directly or indirectly in the United States, + including any of its territories and possessions. + (b) Submission; Publication.-- + (1) Submission.--Not later than 1 year after the date of + the enactment of this Act, and every 2 years thereafter, the + Secretary shall submit to the Committees on Armed Services of + the House of Representatives and the Senate an updated list of + each entity determined to be a Chinese military company + pursuant to subsection (a), in classified and unclassified + forms. + (2) Publication.--Concurrent with the submission of a list + under paragraph (1), the Secretary shall publish the + unclassified portion of such list in the Federal Register. + (c) Consultation.--The Secretary may consult with the head of any +appropriate Federal department or agency in making the determinations +required under subsection (a) and shall transmit a copy of each list +submitted under subsection (b)(1) to the heads of each appropriate +Federal department and agency. + (d) Definitions.-- + (1) Military-civil fusion contributor.--In this section, + the term ``military-civil fusion contributor'' includes-- + (A) entities receiving assistance from the + Government of China through science and technology + efforts initiated under the Chinese military industrial + planning apparatus; + (B) entities affiliated with the Chinese Ministry + of Industry and Information Technology, including + entities connected through Ministry schools, research + partnerships, and state-aided science and technology + projects; + (C) entities receiving assistance from the + Government of China or operational direction or policy + guidance from the State Administration for Science, + Technology and Industry for National Defense; + (D) entities recognized and awarded with receipt of + an innovation prize for science and technology by such + State Administration; + (E) any other entity or subsidiary defined as a + ``defense enterprise'' by the Chinese State Council; + and + (F) entities residing in or affiliated with a + military-civil fusion enterprise zone or receiving + assistance from the Government of China through such + enterprise zone. + (2) People's liberation army.--The term ``People's + Liberation Army'' means the land, naval, and air military + services, the police, and the intelligence services of the + Government of China, and any member of any such service or of + such police. + +SEC. 1255. INDEPENDENT STUDY ON THE DEFENSE INDUSTRIAL BASE OF THE + PEOPLE'S REPUBLIC OF CHINA. + + (a) 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 the defense industrial base of the People's +Republic of China. + (b) Elements of Study.--The study required under subsection (a) +shall assess the resiliency and capacity of China's defense industrial +base to support its objectives in competition and conflict, including +with respect to the following: + (1) The manufacturing capacity and physical plant capacity + of the defense industrial base, including its ability to + modernize to meet future needs. + (2) Gaps in national-security-related domestic + manufacturing capabilities, including non-existent, extinct, + threatened, and single-point-of-failure capabilities. + (3) Supply chains with single points of failure or limited + resiliency, especially suppliers at third-tier and lower. + (4) Energy consumption and vulnerabilities. + (5) Domestic education and manufacturing workforce skills. + (6) Exclusive or dominant supply of military and civilian + materiel, raw materials, or other goods (or components thereof) + essential to China's national security by the United States or + United States allies and partners. + (7) The ability to meet the likely repair and new + construction demands of the People's Liberation Army in the + event of a protracted conflict. + (8) The availability of substitutes or alternative sources + for goods identified pursuant to paragraph (6). + (9) Recommendations for legislative, regulatory, and policy + changes and other actions by the President and the heads of + Federal agencies as appropriate based upon a reasoned + assessment that the benefits outweigh the costs (broadly + defined to include any economic, strategic, and national + security benefits or costs) over the short, medium, and long- + term to erode, in the event of a conflict, the ability of + China's defense industrial base to support the national + objectives of China. + (c) Submission to Department of Defense.--Not later than 210 days +after the date of the enactment of this Act, the federally funded +research and development center shall submit to the Secretary a report +containing the study conducted under subsection (a). + (d) Submission to Congress.--Not later than 240 days after the date +of the enactment of this Act, the Secretary shall submit to the +congressional defense committees the report submitted to the Secretary +under subsection (c), without change but with any comments of the +Secretary with respect to the report. + +SEC. 1256. DETERRENCE STRATEGY AGAINST CHINESE-ORIGIN CYBER ATTACKS. + + (a) Findings.--Congress finds the following: + (1) Cyber-enabled industrial espionage and the large scale + cybertheft of personal information by the People's Republic of + China (``PRC'') are severely detrimental to national security, + economic vitality, and technological preeminence. + (2) Such attacks are generally situated within the context + of state-sponsored gray zone campaigns and not generally + ultimately attributable to sub-state actors. + (3) The United States response to such espionage has not + included the imposition of sufficient costs on the PRC to deter + or credibly respond to such attacks. + (b) Statement of Policy.--It is the policy of the United States to +deter and respond to industrial espionage and the theft of personal +information conducted against the United States or United States +persons by the PRC, PRC persons or entities, or persons or entities +acting on behalf of the PRC. + (c) In General.--Not later than 180 days after the date of the +enactment of this Act, the President shall submit to the appropriate +congressional committees a whole-of-government strategy, in +unclassified and classified forms as specified in paragraphs (1) +through (4), to impose costs on the PRC or appropriate PRC persons or +entities in order to deter industrial espionage and the large-scale +theft of personal information conducted by the PRC, PRC persons or +entities, or persons or entities acting on behalf of the PRC against +the United States or United States persons, that includes the +following: + (1) An unclassified discussion of United States interests + in preventing such cyber attacks that includes a general + discussion of the impact on the United States and its economy + from such attacks. + (2) An unclassified general discussion of the contexts in + which and the means by which the United States will seek to + deter such cyber attacks, that seeks to demonstrate the + credibility of United States resolve to defend its interests in + cyberspace. + (3) A classified theory of deterrence with respect to the + PRC that explains-- + (A) the means or combination of means, including + available non-cyber responses, anticipated to achieve + deterrence and the justification for such assessment; + and + (B) an escalation ladder that describes the + circumstances and the timeframe under which the + President plans to invoke the use of such means to be + effective to deter such attacks or to invoke lesser + means to provide a credible response. + (4) A classified description of the roles of the Secretary + of State, the Secretary of Defense, the Attorney General, the + Secretary of Commerce, the Secretary of the Treasury, the + Secretary of Homeland Security, the Secretary of Health and + Human Services, and, as appropriate, the head of each element + of the intelligence community (as such term is defined by + section 3 of the National Security Act of 1947 (50 U.S.C. + 3003)) in carrying out such strategy. + (d) Implementation Plan.--Not later than 30 days after the date of +the submission of the strategy required by subsection (c), each Federal +official listed in subsection (c)(4) shall submit to the appropriate +congressional committees a classified implementation plan to describe +the manner in which the respective department or agency will carry out +this strategy. + (e) Update.--Not later than 1 year after the date of the submission +of the strategy required by subsection (c), and annually thereafter, +the President shall submit to the appropriate congressional committees +an unclassified assessment of the effectiveness of the strategy, an +unclassified summary of the lessons learned from the past year on the +effectiveness of deterrence (which may contain a classified annex), and +an unclassified summary of planned changes to the strategy with a +classified annex on changes to its theory of deterrence. + (f) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs, the Committee on + Armed Services, the Permanent Select Committee on Intelligence, + the Committee on the Judiciary, the Committee on Energy and + Commerce, the Committee on Homeland Security, and the Committee + on Financial Services of the House of Representatives; and + (2) the Committee on Foreign Relations, the Committee on + Armed Services, the Committee on Banking, Housing, and Urban + Affairs, the Committee on Commerce, Science, and + Transportation, the Committee on Homeland Security and + Government Affairs, and the Committee on the Judiciary of the + Senate. + +SEC. 1257. REPORT ON CHINA'S ONE BELT, ONE ROAD INITIATIVE IN AFRICA. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretary of State and the Director of National Intelligence, shall +submit to the appropriate congressional committees a report on the +military and defense implications of China's One Belt, One Road +Initiative in Africa and a strategy to address impacts on United States +military and defense interests in Africa. + (b) Matters To Be Included.--The report required by subsection (a) +shall include the following: + (1) An assessment of Chinese dual-use investments in + Africa, including a description of which investments that are + of greatest concern to United States military or defense + interests. + (2) A description of such investments that are associated + with People's Liberation Army cooperation with African + countries. + (3) An assessment of the potential military, intelligence, + and logistical threats facing United States' key regional + military infrastructure, supply chains, and staging grounds due + to such investments. + (4) An identification of Department of Defense measures + taken to mitigate the risk posed to United States forces and + defense interests by such investments. + (5) A strategy to address ongoing military and defense + implications posed by the expansion of such investments. + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services, the Committee + on Foreign Affairs, and the Permanent Select Committee + on Intelligence of the House of Representatives; and + (B) the Committee on Armed Services, the Committee + on Foreign Relations, and Select Committee on + Intelligence of the Senate. + (2) Chinese dual-use investments in africa.--The term + ``Chinese dual-use investments in Africa'' means investments + made by the Government of the People's Republic of China, the + Chinese Communist Party, or companies owned or controlled by + such Government or Party in the infrastructure of African + countries or related projects for both commercial and military + or proliferation purposes. + (d) Form.--The report required by subsection (a) shall-- + (1) be submitted in unclassified form but may contain a + classified annex; and + (2) be made available to the public on the website of the + Department of Defense. + +SEC. 1258. SENSE OF CONGRESS ON ENHANCEMENT OF THE UNITED STATES-TAIWAN + DEFENSE RELATIONSHIP. + + It is the sense of Congress that-- + (1) Taiwan is a vital partner of the United States and is + critical to a free and open Indo-Pacific region; + (2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and + the ``Six Assurances'' are both cornerstones of United States + relations with Taiwan; + (3) the United States should continue to strengthen defense + and security cooperation with Taiwan to support the development + of capable, ready, and modern defense forces necessary for + Taiwan to maintain a sufficient self-defense capability; + (4) consistent with the Taiwan Relations Act, the United + States should strongly support the acquisition by Taiwan of + defense articles and services through foreign military sales, + direct commercial sales, and industrial cooperation, with an + emphasis on anti-ship, coastal defense, anti-armor, air + defense, defensive naval mining, and resilient command and + control capabilities that support the asymmetric defense + strategy of Taiwan; + (5) the President and Congress should determine the nature + and quantity of such defense articles and services based solely + upon their judgment of the needs of Taiwan, as required by the + Taiwan Relations Act and in accordance with procedures + established by law; + (6) the United States should continue efforts to improve + the predictability of United States arms sales to Taiwan by + ensuring timely review of and response to requests of Taiwan + for defense articles and services; + (7) the Secretary of Defense should promote policies + concerning exchanges that enhance the security of Taiwan, + including-- + (A) opportunities with Taiwan for practical + training and military exercises that-- + (i) enable Taiwan to maintain a sufficient + self-defense capability, as described in + section 3(a) of the Taiwan Relations Act (22 + U.S.C. 3302(a)); and + (ii) emphasize capabilities consistent with + the asymmetric defense strategy of Taiwan; + (B) exchanges between senior defense officials and + general officers of the United States and Taiwan, + consistent with the Taiwan Travel Act (Public Law 115- + 135), especially for the purpose of enhancing + cooperation on defense planning and improving the + interoperability of United States and Taiwan forces; + and + (C) opportunities for exchanges between junior + officers and senior enlisted personnel of the United + States and Taiwan; + (8) the Secretary of Defense should consider expanded air + and naval engagements and training with Taiwan to enhance + regional security; + (9) the United States and Taiwan should expand cooperation + in humanitarian assistance and disaster relief including + conducting port calls in Taiwan with the United States Naval + Ship Comfort and United States Naval Ship Mercy; + (10) the Secretary of Defense should consider options, + including exercising ship visits and port calls, as + appropriate, to expand the scale and scope of humanitarian + assistance and disaster response cooperation with Taiwan and + other regional partners so as to improve disaster response + planning and preparedness; + (11) the Secretary of Defense should continue regular + transits of United States Navy vessels through the Taiwan + Strait and encourage allies and partners to follow suit in + conducting such transits to demonstrate the commitment of the + United States and its allies and partners to fly, sail, and + operate anywhere international law allows; + (12) the violation of international law by the Government + of China with respect to the Joint Declaration of the + Government of the United Kingdom of Great Britain and Northern + Ireland and the Government of the People's Republic of China on + the Question of Hong Kong, done at Beijing December 19, 1984, + is gravely concerning and erodes international confidence in + China's willingness to honor its international commitments, + including not to change the status quo with respect to Taiwan + by force; + (13) the increasingly coercive and aggressive behavior of + China towards Taiwan, including growing military maneuvers + targeting Taiwan, is contrary to the expectation of the + peaceful resolution of the future of Taiwan; and + (14) the United States and Taiwan should expand + consultation and cooperation on combating the Coronavirus + Disease 2019 (``COVID-19'') and seek to share the best + practices and cooperate on a range of activities under this + partnership. + +SEC. 1259. REPORT ON SUPPLY CHAIN SECURITY COOPERATION WITH TAIWAN. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense, in coordination with the head of each +appropriate Federal department and agency, shall submit to the +congressional defense committees a report on the following: + (1) The feasibility of establishing a high-level, + interagency United States-Taiwan working group for coordinating + cooperation related to supply chain security. + (2) A discussion of the Department of Defense's current and + future plans to engage with Taiwan with respect to activities + ensuring supply chain security. + (3) A discussion of obstacles encountered in forming, + executing, or implementing agreements with Taiwan for + conducting activities to ensure supply chain security. + (4) Any other matters the Secretary of Defense determines + should be included. + +SEC. 1260. REPORT ON UNITED STATES-TAIWAN MEDICAL SECURITY PARTNERSHIP. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense, in coordination with the Secretary of +Health and Human Services, shall submit to the congressional defense +committees a report on the following: + (1) The goals, objectives, and feasibility of developing a + United States-Taiwan medical security partnership on issues + related to pandemic preparedness and control. + (2) A discussion of current and future plans to engage with + Taiwan in medical security activities. + (3) An evaluation of cooperation on a range of activities + under the partnership to include-- + (A) research and production of vaccines and + medicines; + (B) joint conferences with scientists and experts; + (C) collaboration relating to and exchanges of + medical supplies and equipment; and + (D) the use of hospital ships such as the United + States Naval Ship Comfort and United States Naval Ship + Mercy. + (4) Any other matters the Secretary of Defense determines + appropriate. + +SEC. 1260A. REPORT ON UNITED FRONT WORK DEPARTMENT. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report on the following: + (1) The extent to which the United Front Work Department of + the People's Republic of China poses a threat to the national + defense and national security of the United States. + (2) An evaluation of which actions, if any, the United + States should take in response to the threat and activities of + the United Front Work Department as described in paragraph (1). + (3) Any other matters the Secretary of Defense determines + should be included. + +SEC. 1260B. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE BETWEEN THE + PEOPLE'S REPUBLIC OF CHINA AND INDIA AND THE GROWING + TERRITORIAL CLAIMS OF CHINA. + + (a) Findings.--Congress makes the following findings: + (1) Since a truce in 1962 ended skirmishes between the + People's Republic of China and India, the countries have been + divided by a 2,100-mile-long Line of Actual Control. + (2) In the decades since the truce, military standoffs + between the People's Republic of China and India have flared; + however, the standoffs have rarely claimed the lives of + soldiers. + (3) In the months leading up to June, 15, 2020, along the + Line of Actual Control, the People's Republic of China's + military-- + (A) reportedly amassed 5,000 soldiers; and + (B) is trying to redraw long-standing settled + boundaries through the use of force and aggression. + (4) On June 6, 2020, the People's Republic of China and + India reached an agreement of de-escalate and disengage along + the Line of Actual Control. + (5) On June 15, 2020, at least 20 Indian soldiers and an + unconfirmed number of Chinese soldiers were killed in + skirmishes following a weekslong standoff in Eastern Ladakh, + which is the de facto border between India and the People's + Republic of China. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) there is significant concern about the continued + military aggression by the Government of the People's Republic + of China along its border with India and in other parts of the + world, including with Bhutan, in the South China Sea, and with + the Senkaku Islands, as well as the Government of the People's + Republic of China's aggressive posture toward Hong Kong and + Taiwan; and + (2) the Government of the People's Republic of China should + work toward de-escalating the situation along the Line of + Actual Control with India through existing diplomatic + mechanisms and not through force. + +SEC. 1260C. SENSE OF CONGRESS ON UNITED STATES COMMITMENTS TO PACIFIC + ALLIES. + + It is the sense of Congress that-- + (1) the United States affirms the strategic importance of + the United States commitments to allies such as the Republic of + Korea and Japan; + (2) the United States remains committed to the mutually- + beneficial relationships with the Republic of Korea and Japan + and welcomes the strong leadership of those countries in the + Indo-Pacific region; and + (3) as the United States seeks to strengthen longstanding + military relationships and encourage the development of a + strong defense network with allies and partners, the United + States reaffirms the United States commitments to maintaining + the presence of the United States Armed Forces in the Republic + of Korea and Japan. + +SEC. 1260D. RESTRICTIONS ON EXPORT, REEXPORT, AND IN-COUNTRY TRANSFERS + OF CERTAIN ITEMS THAT PROVIDE A CRITICAL CAPABILITY TO + THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA TO + SUPPRESS INDIVIDUAL PRIVACY, FREEDOM, AND OTHER BASIC + HUMAN RIGHTS. + + (a) Statement of Policy.--It is the policy of the United States to +protect the basic human rights of Uighurs and other ethnic minorities +in the People's Republic of China. + (b) List of Covered Items.-- + (1) In general.--Not later than 120 days after the date of + the enactment of this Act, and as appropriate thereafter, the + President-- + (A) shall identify those items that provide a + critical capability to the Government of the People's + Republic of China, or any person acting on behalf of + such Government, to suppress individual privacy, + freedom of movement, and other basic human rights, + specifically through-- + (i) surveillance, interception, and + restriction of communications; + (ii) monitoring of individual location or + movement or restricting individual movement; + (iii) monitoring or restricting access to + and use of the internet; + (iv) monitoring or restricting use of + social media; + (v) identification of individuals through + facial recognition, voice recognition, or + biometric indicators; + (vi) detention of individuals who are + exercising basic human rights; and + (vii) forced labor in manufacturing; and + (B) shall, pursuant to the Export Control Reform + Act of 2018 (50 U.S.C. 4801 et seq.), include items + identified pursuant to subparagraph (A) on the Commerce + Control List in a category separate from other items, + as appropriate, on the Commerce Control List. + (2) Support and cooperation.--Upon request, the head of a + Federal agency shall provide full support and cooperation to + the President in carrying out this subsection. + (3) Consultation.--In carrying out this subsection, the + President shall consult with the relevant technical advisory + committees of the Department of Commerce to ensure that the + composition of items identified under paragraph (1)(A) and + included on the Commerce Control List under paragraph (1)(B) + does not unnecessarily restrict commerce between the United + States and the People's Republic of China, consistent with the + purposes of this section. + (c) Special License or Other Authorization.-- + (1) In general.--Beginning not later than 180 days after + the date of the enactment of this Act, the President shall, + pursuant to the Export Control Reform Act of 2018 (50 U.S.C. + 4801 et seq.), require a license or other authorization for the + export, reexport, or in-country transfer to or within the + People's Republic of China of an item identified pursuant to + subsection (b)(1)(A) and included on the Commerce Control List + pursuant to subsection (b)(1)(B). + (2) Presumption of denial.--An application for a license or + other authorization described in paragraph (1) shall be subject + to a presumption of denial. + (3) Public notice and comment.--The President shall provide + for notice and public comment with respect actions necessary to + carry out this subsection. + (d) International Coordination and Multilateral Controls.--It shall +be the policy of the United States to seek to harmonize United States +export control regulations with international export control regimes +with respect to the items identified pursuant to subsection (b)(1)(A), +including through the Wassenaar Arrangement and other bilateral and +multilateral mechanisms involving countries that export such items. + (e) Termination of Suspension of Certain Other Programs and +Activities.--Section 902(b)(1) of the Foreign Relations Authorization +Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 2151 +note) is amended-- + (1) in the matter preceding subparagraph (A), by inserting + ``and China's Xinjiang Uighur Autonomous Region'' after + ``Tibet''; + (2) in subparagraph (D), by striking ``and'' at the end; + (3) in subparagraph (E), by striking ``or'' after the + semicolon and inserting ``and''; and + (4) by adding the following new subparagraph: + ``(F) the ending of the mass internment of ethnic + Uighurs and other Turkic Muslims in the Xinjiang Uighur + Autonomous Region, including the intrusive system of + high-tech surveillance and policing in the region; + or''. + (f) Definitions.--In this section: + (1) Commerce control list.--The term ``Commerce Control + List'' means the list set forth in Supplement No. 1 to part 774 + of the Export Administration Regulations under subchapter C of + chapter VII of title 15, Code of Federal Regulations. + (2) Export, in-country transfer, item, and reexport.--The + terms ``export'', ``in-country transfer'', ``item'', and + ``reexport'' have the meanings given such terms in section 1742 + of the Export Control Reform Act of 2018 (50 U.S.C. 4801). + +SEC. 1260E. PROHIBITION ON COMMERCIAL EXPORT OF COVERED DEFENSE + ARTICLES AND SERVICES AND COVERED MUNITIONS ITEMS TO THE + HONG KONG POLICE. + + (a) In General.--Except as provided in subsection (b), the +President shall prohibit the issuance of licenses to export covered +defense articles and services and covered munitions items to the Hong +Kong Police. + (b) Waiver.--The prohibition under subsection (a) shall not apply +to the issuance of a license with respect to which the President +submits to the appropriate congressional committees a written +certification that the exports to be covered by such license are +important to the national interests and foreign policy goals of the +United States, including a description of the manner in which such +exports will promote such interests and goals. + (c) Termination.--The prohibition under subsection (a) shall +terminate on the date on which the President certifies to the +appropriate congressional committees that-- + (1) the Hong Kong Police have not engaged in gross + violations of human rights during the 1-year period ending on + the date of such certification; and + (2) there has been an independent examination of human + rights concerns related to the crowd control tactics of the + Hong Kong Police and the Government of the Hong Kong Special + Administrative Region has adequately addressed those concerns. + (d) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs of the House + of Representatives; + (B) the Committee on Foreign Relations of the + Senate; and + (C) the Committee on Banking, Housing, and Urban + Affairs of the Senate. + (2) Covered defense articles and services.--The term + ``covered defense articles and services'' means defense + articles and defense services designated by the President under + section 38(a)(1) of the Arms Export Control Act (22 U.S.C. + 2778(a)(1)). + (3) Covered munitions items.--The term ``covered munitions + items'' means-- + (A) items controlled under section 742.7 of part + 742 of subtitle B of title 15, Code of Federal + Regulations (relating to crime control and detection + instruments and equipment and related technology and + software); and + (B) items listed under the ``600 series'' of the + Commerce Control List contained in Supplement No. 1 to + part 774 of subtitle B of title 15, Code of Federal + Regulations. + (4) Hong kong.--The term ``Hong Kong'' has the meaning + given such term in section 3 of the United States-Hong Kong + Policy Act of 1992 (22 U.S.C. 5702). + (5) Hong kong police.--The term ``Hong Kong Police'' + means-- + (A) the Hong Kong Police Force; and + (B) the Hong Kong Auxiliary Police Force. + +SEC. 1260F. SOUTHEAST ASIA STRATEGY. + + (a) Findings.--Congress finds the following: + (1) Southeast Asia is the fulcrum of the Indo-Pacific + region, providing both a geographic and maritime link between + East and South Asia. + (2) The Association of Southeast Asian Nations (ASEAN), a + regional intergovernmental organization, remains central to the + Indo-Pacific region's institutional architecture and to United + States foreign policy toward the region. + (3) The United States has reaffirmed that the security and + sovereignty of its Southeast Asian allies and partners, + including a strong, independent ASEAN, remain vital to the + security, prosperity, and stability of the Indo-Pacific region. + (4) The United States has committed to continuing to deepen + longstanding alliances and partnerships with a range of + Southeast Asian nations, including by promoting our shared + values, democracy, human rights, and civil society. + (5) Since the end of the Second World War, United States + investments in strengthening alliances and partnerships with + Southeast Asian nations have yielded tremendous returns for + United States interests, as working with and through these + alliances and partnerships have increased the region's capacity + and capability to address common challenges. + (6) ASEAN member states are critical United States security + partners in preventing violent extremism and protecting the + freedom and openness of the maritime domain and in preventing + the trafficking of weapons of mass destruction. + (7) ASEAN member states have contributed significantly to + regional disaster monitoring and management and emergency + response through initiatives such as the ASEAN Coordinating + Centre for Humanitarian Assistance on Disaster Management, an + inter-governmental organization that facilitates coordination + and cooperation among ASEAN member states and international + organizations in times of emergency. + (8) According to the 2018 ASEAN Business Outlook Survey, + ASEAN member states are vital to the prosperity of the United + States economy and exports to ASEAN economies support more than + 500,000 jobs in the United States. + (9) The United States and ASEAN have recently celebrated + the 40th anniversary of their ties and established a new + strategic partnership that will enhance cooperation across the + economic, political-security, and people-to-people pillars of + the relationship. + (b) Statement of Policy.--It is the policy of the United States +to-- + (1) deepen cooperation with ASEAN and ASEAN member states + in the interest of promoting peace, security, and stability in + the Indo-Pacific region; + (2) affirm the importance of ASEAN centrality and ASEAN-led + mechanisms in the evolving institutional architecture of the + Indo-Pacific region; and + (3) establish and communicate a comprehensive strategy + toward the Indo-Pacific region that articulates-- + (A) the role and importance of Southeast Asia to + the United States; + (B) the value of the United States-ASEAN + relationship; + (C) the mutual interests of all parties; + (D) the concrete and material benefits all nations + derive from strong United States engagement and + leadership in Southeast Asia; and + (E) efforts to forge and maintain ASEAN consensus, + especially on key issues of political and security + concern to the region, such as the South China Sea. + (c) Strategy for Engagement With Southeast Asia and ASEAN.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of State, in + consultation with the heads of other Federal departments and + agencies as appropriate, shall develop and submit to the + appropriate congressional committees a comprehensive strategy + for engagement with Southeast Asia and ASEAN. + (2) Matters to be included.--The strategy required by + paragraph (1) shall include the following: + (A) A statement of enduring United States interests + in Southeast Asia and a description of efforts to + bolster the effectiveness of ASEAN. + (B) A description of efforts to-- + (i) deepen and expand Southeast Asian + alliances, partnerships, and multilateral + engagements, including efforts to expand broad + based and inclusive economic growth, security + ties, security cooperation and + interoperability, economic connectivity, and + expand opportunities for ASEAN to work with + other like-minded partners in the region; and + (ii) encourage like-minded partners outside + of the Indo-Pacific region to engage with + ASEAN. + (C) A summary of initiatives across the whole of + the United States Government to strengthen the United + States partnership with Southeast Asian nations and + ASEAN, including to promote broad based and inclusive + economic growth, trade, investment, energy and efforts + to combat climate change, public-private partnerships, + physical and digital infrastructure development, + education, disaster management, public health and + economic and political diplomacy in Southeast Asia. + (D) A summary of initiatives across the whole of + the United States Government to enhance the capacity of + Southeast Asian nations with respect to enforcing + international law and multilateral sanctions, and + initiatives to cooperate with ASEAN as an institution + in these areas. + (E) A summary of initiatives across the whole of + the United States Government to promote human rights + and democracy, to strengthen the rule of law, civil + society, and transparent governance, and to protect the + integrity of elections from outside influence. + (F) A summary of initiatives to promote security + cooperation and security assistance within Southeast + Asian nations, including-- + (i) maritime security and maritime domain + awareness initiatives for protecting the + maritime commons and supporting international + law and freedom of navigation in the South + China Sea; and + (ii) efforts to combat terrorism, human + trafficking, piracy, and illegal fishing, and + promote more open, reliable routes for sea + lines of communication. + (3) Appropriate congressional committees defined.--In this + subsection, the term ``appropriate congressional committees'' + means-- + (A) the Committee on Foreign Affairs and the + Committee on Armed Services of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on Armed Services of the Senate. + +SEC. 1260G. SENSE OF CONGRESS ON STRATEGIC SECURITY RELATIONSHIP + BETWEEN THE UNITED STATES AND MONGOLIA. + + Congress-- + (1) recognizes the security relationship between the United + States and Mongolia and remains committed to advancing the + comprehensive partnership in the future; + (2) urges the United States Government and the Government + of Mongolia to deepen military cooperation through joint + defense exercises and hosting military officers for training in + the United States; + (3) encourages the Government of Mongolia to continue its + contributions to multinational peacekeeping operations, + including the North Atlantic Treaty Organization (NATO) and the + United Nations; + (4) commends the Mongolian Armed Forces continued + contributions to NATO's Resolute Support Mission in Afghanistan + to help train Afghan Security Forces and provide security at + Kabul International Airport, and continued enforcement of + United Nations Security Council sanctions in response to North + Korea's illicit nuclear and ballistic missile programs; and + (5) applauds the continued engagement of Mongolia in the + Organization for Security and Co-operation in Europe, the + Community of Democracies, congressional-parliamentary + partnerships, and other institutions that promote democratic + values, which reinforces the commitment of the people and the + Government of Mongolia to those values and standards. + + Subtitle G--Other Matters + +SEC. 1261. PROVISION OF GOODS AND SERVICES TO KWAJALEIN ATOLL. + + (a) Authority for Provision of Goods and Services.--Chapter 767 of +title 10, United States Code, is amended by adding at the end the +following new section: +``Sec. 7596. Provision of goods and services to Kwajalein Atoll + ``(a) Authority.-- + ``(1) In general.--The Secretary of the Army may, subject + to the concurrence of the Secretary of State as provided in + paragraph (2), use any amounts appropriated to the Department + of the Army to provide goods and services, including inter- + atoll transportation, to the Government of the Republic of the + Marshall Islands and to other eligible patrons at Kwajalein + Atoll, under regulations and at rates to be prescribed by the + Secretary of the Army in accordance with this section. + ``(2) Effect on compact.--The Secretary of State may not + concur to the provision of goods and services under paragraph + (1) if the Secretary determines that such provision would be + inconsistent with the Compact of Free Association between the + Government of the United States of America and the Government + of the Republic of the Marshall Islands (as set forth in title + II of the Compact of Free Association Act of 1985 (48 U.S.C. + 1901 et seq.)) or with any subsidiary agreement or implementing + arrangement with respect to such Compact. + ``(b) Reimbursement.-- + ``(1) Authority to collect reimbursement.--The Secretary of + the Army may collect reimbursement from the Government of the + Republic of the Marshall Islands or eligible patrons for the + provision of goods and services under this section in an amount + that does not exceed the costs to the United States of + providing such goods or services. + ``(2) Maximum reimbursement.--The total amount collected in + a fiscal year pursuant to the authority under paragraph (1) may + not exceed $7,000,000.''. + (b) Clerical Amendments.--The table of contents for chapter 767 of +title 10, United States Code, is amended by adding at the end the +following new item: + +``Sec. 7595. Provision of goods and services to Kwajalein Atoll.''. + +SEC. 1262. ANNUAL BRIEFINGS ON CERTAIN FOREIGN MILITARY BASES OF + ADVERSARIES. + + (a) In General.--Chapter 3 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 130l. Annual briefings on certain foreign military bases of + adversaries + ``(a) Requirement.--Not later than February 15 of each year, the +Chairman of the Joint Chiefs of Staff and the Secretary of Defense, +acting through the Under Secretary of Defense for Intelligence and +Security, shall provide to the congressional defense committees, the +Committee on Foreign Affairs of the House of Representatives, and the +Committee on Foreign Relations of the Senate a briefing on-- + ``(1) covered foreign military bases and the related + capabilities of that foreign military; and + ``(2) the effects of such bases and capabilities on-- + ``(A) the military installations of the United + States located outside the United States; and + ``(B) current and future deployments and operations + of the armed forces of the United States. + ``(b) Elements.--Each briefing under subsection (a) shall include +the following: + ``(1) An assessment of covered foreign military bases, + including such bases established by China, Russia, and Iran, + and any updates to such assessment provided in a previous + briefing under such subsection. + ``(2) Information regarding known plans for any future + covered foreign military base. + ``(3) An assessment of the capabilities, including those + pertaining to anti-access and area denial, provided by covered + foreign military bases to that foreign military, including an + assessment of how such capabilities could be used against the + armed forces of the United States in the country and the + geographic combatant command in which such base is located. + ``(4) A description of known ongoing activities and + capabilities at covered foreign military bases, and how such + activities and capabilities advance the foreign policy and + national security priorities of the relevant foreign countries. + ``(5) The extent to which covered foreign military bases + could be used to counter the defense priorities of the United + States. + ``(c) Form.--Each briefing under subsection (a) shall be provided +in classified form. + ``(d) Covered Foreign Military Base Defined.--In this section, the +term `covered foreign military base' means, with respect to a foreign +country that is an adversary of the United States, a military base of +that country located in a different country.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: + +``130l. Annual briefings on certain foreign military bases of + adversaries.''. + +SEC. 1263. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE WITH RESPECT + TO DENYING A FAIT ACCOMPLI BY A STRATEGIC COMPETITOR + AGAINST A COVERED DEFENSE PARTNER. + + (a) Definitions.--In this section: + (1) Covered defense partner.--The term ``covered defense + partner'' means a partner identified in the ``Department of + Defense Indo-Pacific Strategy Report'' issued on June 1, 2019, + located within 100 miles off the coast of a strategic + competitor. + (2) Fait accompli.--The term ``fait accompli'' means the + strategy of a strategic competitor designed to allow such + strategic competitor to use military force to seize control of + a covered defense partner before the United States Armed Forces + are able to respond effectively. + (3) Strategic competitor.--The term ``strategic + competitor'' means a country labeled as a strategic competitor + in the ``Summary of the 2018 National Defense Strategy of the + United States of America: Sharpening the American Military's + Competitive Edge'' issued by the Department of Defense pursuant + to section 113 of title 10, United States Code. + (b) Report on Progress of the Department of Defense With Respect To +Denying a Fait Accompli by a Strategic Competitor Against a Covered +Defense Partner.-- + (1) In general.--Not later than April 30 each year, + beginning in 2021 and ending in 2026, the Secretary of Defense + shall submit to the congressional defense committees a report + on the progress of the Department of Defense with respect to + improving the ability of the United States Armed Forces to + conduct combined joint operations to deny the ability of a + strategic competitor to execute a fait accompli against a + covered defense partner. + (2) Matters to be included.--Each report under paragraph + (1) shall include the following: + (A) An explanation of the objectives for the United + States Armed Forces that would be necessary to deny the + fait accompli by a strategic competitor against a + covered defense partner. + (B) An identification of joint warfighting + capabilities and current efforts to organize, train, + and equip the United States Armed Forces in support of + the objectives referred to in paragraph (1), + including-- + (i) an assessment of whether the programs + included in the most recent future-years + defense program submitted to Congress under + section 221 of title 10, United States Code, + are sufficient to enable the United States + Armed Forces to conduct joint combined + operations to achieve such objectives; + (ii) a description of additional + investments or force posture adjustments + required to maintain or improve the ability of + the United States Armed Forces to conduct joint + combined operations to achieve such objectives; + (iii) a description of the manner in which + the Secretary of Defense intends to develop and + integrate Army, Navy, Air Force, Marine Corps, + and Space Force operational concepts to + maintain or improve the ability of the United + States Armed Forces to conduct joint combined + operations to achieve such objectives; and + (iv) an assessment of the manner in which + different options for pre-delegating + authorities may improve the ability of the + United States Armed Forces to conduct joint + combined operations to achieve such objectives. + (C) An assessment of options for deterring limited + use of nuclear weapons by a strategic competitor in the + Indo-Pacific region without undermining the ability of + the United States Armed Forces to maintain deterrence + against other strategic competitors and adversaries. + (D) An assessment of a strategic competitor theory + of victory for invading and unifying a covered defense + partner with such a strategic competitor by military + force. + (E) A description of the military objectives a + strategic competitor would need to achieve in a covered + defense partner campaign. + (F) A description of the military missions a + strategic competitor would need to execute a covered + defense partner invasion campaign, including-- + (i) blockade and bombing operations; + (ii) amphibious landing operations; and + (iii) combat operations. + (G) An assessment of competing demands on a + strategic competitor's resources and how such demands + impact such a strategic competitor's ability to achieve + its objectives in a covered defense partner campaign. + (H) An assessment of a covered defense partner's + self-defense capability and a summary of defense + articles and services that are required to enhance such + capability. + (I) An assessment of the capabilities of partner + and allied countries to conduct combined operations + with the United States Armed Forces in a regional + contingency. + (3) Form.--Each report under paragraph (1) shall be + submitted in classified form but may include an unclassified + executive summary. + +SEC. 1264. MODIFICATION TO REQUIREMENTS OF THE INITIATIVE TO SUPPORT + PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM + UNDUE INFLUENCE AND OTHER SECURITY THREATS. + + (a) Enhanced Information Sharing.--Subsection (d)(1) section 1286 +of the John S. McCain National Defense Authorization Act for Fiscal +Year 2019 (10 U.S.C. 2358 note) is amended by striking ``(other than +basic research)''. + (b) Publication of Updated List.--Subsection (e) of such section is +amended by adding at the end the following new paragraph: + ``(4) Publication of updated list.-- + ``(A) In general.--Not later than January 1, 2021, + and annually thereafter, the Secretary shall submit to + the congressional defense committees the most recently + updated list described in subsection (c)(8) in + unclassified form (but with a classified annex as + applicable) and make the unclassified portion of each + such list publicly available on an internet website in + a searchable format. + ``(B) Intervening publication.--The Secretary may + submit and publish an updated list described in + subparagraph (A) more frequently than required by such + subparagraph if the Secretary determines necessary.''. + +SEC. 1265. REPORT ON DIRECTED USE OF FISHING FLEETS. + + Not later than 180 days after the date of the enactment of this +Act, the Commander of the Office of Naval Intelligence shall submit to +the congressional defense committees, the Committee on Foreign Affairs +of the House of Representatives, and the Committee on Foreign Relations +of the Senate an unclassified report on the use of distant-water +fishing fleets by foreign governments as extensions of such countries' +official maritime security forces, including the manner and extent to +which such fishing fleets are leveraged in support of naval operations +and foreign policy more generally. The report shall also consider the +threats, on a country-by-country basis, posed by such use of distant- +water fishing fleets to-- + (1) fishing or other vessels of the United States and + partner countries; + (2) United States and partner naval and coast guard + operations; and + (3) other interests of the United States and partner + countries. + +SEC. 1266. EXPANDING THE STATE PARTNERSHIP PROGRAM IN AFRICA. + + The Secretary of Defense, in coordination with the Chief of the +National Guard Bureau, shall seek to build partner capacity and +interoperability in the United States Africa Command area of +responsibility through increased partnerships with countries on the +African continent, military-to-military engagements, and traditional +activities of the combatant commands. + +SEC. 1267. REPORT RELATING TO REDUCTION IN THE TOTAL NUMBER OF UNITED + STATES ARMED FORCES DEPLOYED TO UNITED STATES AFRICA + COMMAND AREA OF RESPONSIBILITY. + + (a) Reduction Described.-- + (1) In general.--If the Department of Defense reduces the + number of United States Armed Forces deployed to the United + States Africa Command area of responsibility (in this section + referred to as ``AFRICOM AOR'') (other than United States Armed + Forces described in paragraph (2)) to a number that is below 80 + percent of the number deployed as of the day before the date of + the enactment of this Act, the Secretary of Defense, in + consultation with the Secretary of State and the Director of + National Intelligence, shall, not later than 90 days after date + of such a reduction, submit to the appropriate congressional + committees a report described in subsection (b). + (2) United states armed forces described.--United States + Armed Forces described in this paragraph are United States + Armed Forces that are deployed to AFRICOM AOR but are not under + the direct authority of the Commander of United States Africa + Command, including-- + (A) forces deployed in conjunction with other + Commands; + (B) forces participating in joint exercises; + (C) forces identified for pre-planned activities; + (D) forces used to assist in emergency situations; + and + (E) forces designated or assigned for diplomatic or + embassy security. + (b) Report.-- + (1) In general.--A report described in this subsection is a + report that includes each of the following: + (A) A strategic plan to-- + (i) degrade each of the violent extremist + organizations described in paragraph (2) within + the AFRICOM AOR, to include an assessment of + the extent to which such violent extremist + organizations pose a direct threat to the + United States; and + (ii) counter the military influence of + China and Russia within the AFRICOM AOR. + (B) The average number of United States Armed + Forces that are under the direct authority of the + Commander of United States Africa Command and deployed + to AFRICOM AOR and the amount of associated + expenditures, to be listed by month for each of the + fiscal years 2019 and 2020 and disaggregated by mission + and country, to include those forces deployed to secure + United States embassies. + (C) The average number of United States Armed + Forces that are planned to be under the direct + authority of the Commander of United States Africa + Command and deployed to AFRICOM AOR and the amount of + projected associated expenditures, to be listed by + month for fiscal years 2021 and 2022 and disaggregated + by mission and country, to include those forces + deployed to secure United States embassies. + (D) The effect that a reduction described in + subsection (a) would have on military and intelligence + efforts to combat each of the violent extremist + organizations described in paragraph (2), including a + statement of the current objectives of the Secretary of + Defense with respect to such efforts. + (E) A description of any consultation or + coordination with the Department of State or the United + States Agency for International Development with + respect to such a reduction and the effect that such a + reduction would have on diplomatic, developmental, or + humanitarian efforts in Africa, including statements of + the current objectives of the Secretary of State and + the Administrator of the United States Agency for + International Development with respect to such efforts. + (F) The strength, regenerative capacity, and intent + of such violent extremist organizations in the AFRICOM + AOR, including-- + (i) an assessment of the number of fighters + in the Sahel, the Horn of Africa, and West + Africa who are members of such violent + extremist organizations; + (ii) the threat such violent extremist + organizations pose to host nations and United + States allies and partners, and the extent to + which such violent extremist organizations pose + a direct threat to the United States; and + (iii) the likely reaction of such violent + extremist organizations to the withdrawal of + United States Armed Forces. + (G) The strategic risks involved with countering + such violent extremist organizations following such a + reduction. + (H) The operational risks involved with conducting + United States led or enabled operations in Africa + against such violent extremist organizations following + such a reduction. + (I) For any region of the AFRICOM AOR in which + United States Armed Forces currently are present or + conduct activities, the effect such a reduction would + have on power and influence of China and Russia in such + region. + (J) Any consultation or coordination with United + States allies and partners concerning such a reduction. + (K) An assessment of the response from the + governments and military forces of France, the United + Kingdom, and Canada to such a reduction. + (L) An assessment of how the frequency of air + strikes could change as a result of such reduction. + (M) An assessment of the commitment of partner + security forces in the AFRICOM AOR to address gross + violations of internationally recognized human rights + and uphold international humanitarian law, and the + impact such reduction could have on such commitment. + (2) Violent extremist organizations described.--The violent + extremist organizations described in this paragraph are + adversarial groups and forces in the AFRICOM AOR, as determined + by the Secretary of Defense. + (c) Additional Reporting Requirement.--Not later than 60 days after +the date of the enactment of this Act, the Secretary of Defense shall +submit to the appropriate congressional committees a report that +includes the information required by subsection (b)(1)(B). + (d) Form.--The reports required by subsections (b) and (c) shall be +submitted in unclassified form, but may contain a classified annex. + (e) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees (which has the + meaning given the term in section 101(a)(16) of title 10, + United States Code); + (2) the Committee on Foreign Affairs and the Permanent + Select Committee on Intelligence of the House of + Representatives; and + (3) the Committee on Foreign Relations and the Select + Committee on Intelligence of the Senate. + +SEC. 1268. REPORT ON ENHANCING PARTNERSHIPS BETWEEN THE UNITED STATES + AND AFRICAN COUNTRIES. + + (a) Report Required.-- + (1) In general.--Not later than June 1, 2021, the Secretary + of Defense, in coordination with the Secretary of State, shall + submit to the appropriate congressional committees a report on + the activities and resources required to enhance security and + economic partnerships between the United States and African + countries. + (2) Elements.--The report required under paragraph (1) + shall include the following: + (A) An assessment of the infrastructure accessible + to the Department of Defense on the continent of + Africa. + (B) An identification of the ability of the + Department to conduct freedom of movement on the + continent, including identifying the activities of + partners, allies, and other Federal departments and + agencies that are facilitated by the Department's + ability to conduct freedom of movement. + (C) Recommendations to meet the requirements + identified in subparagraph (B), including-- + (i) dual-use infrastructure projects; + (ii) military construction; + (iii) the acquisition of additional + mobility capability by African countries or the + United States Armed Forces, including strategic + air lift, tactical air lift, or sealift + capability; or + (iv) any other option as determined by the + Secretary. + (D) Recommendations to expand and strengthen + partner and ally capability, including traditional + activities of the combatant commands, train and equip + opportunities, partnerships with the National Guard and + the United States Coast Guard, and multilateral + contributions. + (E) Recommendations for enhancing joint exercises + and training. + (F) An analysis of the security, economic, and + stability benefits of the recommendations identified + under subparagraphs (C) through (E). + (G)(i) A plan to fully resource United States force + posture, capabilities, and stability operations, + including-- + (I) a detailed assessment of the + resources required to address the + elements described in subparagraphs (B) + through (E), including specific cost + estimates for recommended investments + or projects; and + (II) a detailed timeline to achieve + the recommendations described in + subparagraphs (B) through (D). + (ii) The specific cost estimates required + by clause (i)(I) shall, to the maximum extent + practicable, include the following: + (I) With respect to procurement + accounts-- + (aa) amounts displayed by + account, budget activity, line + number, line item, and line + item title; and + (bb) a description of the + requirements for each such + amount. + (II) With respect to research, + development, test, and evaluation + accounts-- + (aa) amounts displayed by + account, budget activity, line + number, program element, and + program element title; and + (bb) a description of the + requirements for each such + amount. + (III) With respect to operation and + maintenance accounts-- + (aa) amounts displayed by + account title, budget activity + title, line number, and + subactivity group title; and + (bb) a description of the + specific manner in which each + such amount would be used. + (IV) With respect to military + personnel accounts-- + (aa) amounts displayed by + account, budget activity, + budget subactivity, and budget + subactivity title; and + (bb) a description of the + requirements for each such + amount. + (V) With respect to each project + under military construction accounts + (including unspecified minor military + construction and amounts for planning + and design), the country, location, + project title, and project amount for + each fiscal year. + (VI) With respect to any + expenditure or proposed appropriation + not described in clause (i) through + (iv), a level of detail equivalent or + greater than the level of detail + provided in the future-years defense + program submitted pursuant to section + 221(a) of title 10, United States Code. + (3) Considerations.--In preparing the report required under + paragraph (1), the Secretary shall consider-- + (A) the economic development and stability of + African countries; + (B) the strategic and economic value of the + relationships between the United States and African + countries; + (C) the military, intelligence, diplomatic, + developmental, and humanitarian efforts of China and + Russia on the African continent; and + (D) the ability of the United States, allies, and + partners to combat violent extremist organizations + operating in Africa. + (4) Form.--The report required under paragraph (1) may be + submitted in classified form, but shall include an unclassified + summary. + (b) Interim Briefing Required.--Not later than April 15, 2021, the +Secretary of Defense (acting through the Under Secretary of Defense for +Policy, the Under Secretary of Defense (Comptroller), and the Director +of Cost Assessment and Program Evaluation) and the Chairman of the +Joint Chiefs of Staff shall provide to the congressional defense +committees a joint interim briefing, and any written comments the +Secretary of Defense and the Chairman of the Joint Chiefs of Staff +consider necessary, with respect to their assessments of the report +anticipated to be submitted under subsection (a). + (c) Definitions.--In this section: + (1) Dual-use infrastructure projects.--The term ``dual-use + infrastructure projects'' means projects that may be used for + either military or civilian purposes. + (2) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional defense committees; and + (B) the Committee on Foreign Relations of the + Senate and the Committee on Foreign Affairs of the + House of Representatives. + +SEC. 1269. SENSE OF CONGRESS WITH RESPECT TO QATAR. + + It is the sense of Congress that-- + (1) the United States and the country of Qatar have built a + strong, enduring, and forward-looking strategic partnership + based on long-standing and mutually beneficial cooperation, + including through security, defense, and economic ties; + (2) robust security cooperation between the United States + and Qatar is crucial to promoting peace and stability in the + Middle East region; + (3) Qatar plays a unique role as host of the forward + headquarters for the United States Central Command, and that + partnership facilitates United States coalition operations + countering terrorism; + (4) Qatar is a major security cooperation partner of the + United States, as recognized in the 2018 Strategic Dialogue and + the 2019 Memorandum of Understanding to expand Al Udeid Air + Base to improve and expand accommodation for United States + military personnel; + (5) the United States values Qatar's provision of access to + its military facilities and its management and financial + assistance in expanding the Al Udeid Air Base, which supports + the continued security presence of the United States in the + Middle East region; and + (6) the United States should-- + (A) continue to strengthen the relationship between + the United States and Qatar, including through security + and economic cooperation; and + (B) seek a resolution to the dispute between + partner countries of the Arabian Gulf, which would + promote peace and stability in the Middle East region. + +SEC. 1270. SENSE OF CONGRESS ON UNITED STATES MILITARY SUPPORT FOR AND + PARTICIPATION IN THE MULTINATIONAL FORCE AND OBSERVERS. + + It is the sense of Congress that-- + (1) the mission of the Multinational Force and Observers + (MFO) is to supervise implementation of the security provisions + of the Egypt-Israel Peace Treaty, signed at Washington on March + 26, 1979, and employ best efforts to prevent any violation of + its terms; + (2) the MFO was established by the Protocol to the Egypt- + Israel Peace Treaty, signed on August 3, 1981, and remains a + critical institution for regional peace and stability; and + (3) as a signatory to the Egypt-Israel Peace Treaty and + subsequent Protocol, the United States strongly supports and + encourages continued United States military support for and + participation in the MFO. + +SEC. 1271. REPORT ON US MILITARY SUPPORT OF THE SAUDI-LED COALITION IN + YEMEN. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the appropriate committees of Congress a report that +includes-- + (1) a description of the military support, training, and + defense articles provided by the Department of Defense to Saudi + Arabia, the Government of the United Arab Emirates, and other + countries participating in the Saudi-led coalition since March + 2015, including-- + (A) an annual description, by fiscal year or + calendar year, of all transfers of logistics support, + supplies, defense articles, and services under sections + 2341 and 2342 of title 10, United States Code, or any + other applicable law; + (B) a description of the total financial value of + such transfers and which countries bore the cost + described in subparagraph (A) of these transfers, + including the status of the reimbursement of costs from + Saudi Arabia, the Government of the United Arab + Emirates and the Saudi-led coalition to the Department + of Defense; and + (C) a description of the types of training provided + by the Department of Defense, including the authorities + under which this training was provided, and whether + such training has included tactics for stopping, + searching and seizing boats, or other activities that + could be used to restrict the importation of commercial + and humanitarian shipments into and out of Yemen; + (2) a description and evaluation of processes used by the + Department of Defense to determine whether the types of + military support described in paragraph (1)(A) have impacted + the restriction of the movement of persons into or out of + Yemen, the restriction of the importation of commercial and + humanitarian shipments into and out of Yemen, or the illicit + profit from such importation by any of the warring parties in + the conflict in Yemen; + (3) a description and evaluation of processes used by the + Department of Defense to determine whether the type of military + support described in paragraph (1)(C) has been use by any of + the warring parties in the conflict in Yemen to restrict the + importation of commercial and humanitarian shipments into and + out of Yemen; and + (4) a description and evaluation of processes used by the + Department of Defense to determine what steps the Department + has taken to reduce restrictions on the movement of persons + into or out of Yemen, and restrictions on the importation of + commercial and humanitarian shipments into and out of Yemen, or + the illicit profit of such importation by any of the warring + parties in the conflict in Yemen. + (b) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (c) Appropriate Committees of Congress.--In this section, the term +``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on + Foreign Affairs, the Permanent Select Committee on + Intelligence, and the Committee on Financial Services of the + House of Representatives; and + (2) the Committee on Armed Services, the Committee on + Foreign Relations, the Select Committee on Intelligence, and + the Committee on Banking, Housing, and Urban Affairs of the + Senate. + +SEC. 1272. PROHIBITION ON SUPPORT FOR MILITARY PARTICIPATION AGAINST + THE HOUTHIS. + + (a) Prohibition Relating to Support.--None of the funds authorized +to be appropriated or otherwise made available by this Act may be made +available to provide United States logistical support to the Saudi-led +coalition's operations against the Houthis in Yemen for coalition +strikes, specifically by providing maintenance or transferring spare +parts to coalition members flying warplanes engaged in anti-Houthi +bombings for coalition strikes. + (b) Prohibition Relating to Military Participation.--None of the +funds authorized to be appropriated or otherwise made available by this +Act may be made available for any civilian or military personnel of the +Department of Defense or contractors of the Department to command, +coordinate, participate in the movement of, or accompany the regular or +irregular military forces of the Saudi and United Arab Emirates-led +coalition forces engaged in hostilities against the Houthis in Yemen or +in situations in which there exists an imminent threat that such +coalition forces become engaged in such hostilities, unless and until +the President has obtained specific statutory authorization, in +accordance with section 8(a) of the War Powers Resolution (50 U.S.C. +1547(a)). + (c) Rule of Construction.--The prohibitions under this section may +not be construed to apply with respect to United States Armed Forces +engaged in operations directed at al-Qaeda or associated forces. + +SEC. 1273. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY FORCE. + + Nothing in this Act or any amendment made by this Act may be +construed to authorize the use of military force. + +SEC. 1274. COUNTERING WHITE IDENTITY TERRORISM GLOBALLY. + + (a) Strategy and Coordination.--Not later than 6 months after the +date of the enactment of this Act, the Secretary of State shall-- + (1) develop and submit to the Committee on Foreign Affairs + of the House of Representatives and the Committee on Foreign + Relations of the Senate a Department of State-wide strategy + entitled the ``Department of State Strategy for Countering + White Identity Terrorism Globally'' (in this section referred + to as the ``strategy''); and + (2) designate the Coordinator for Counterterrorism of the + Department to coordinate Department efforts to counter white + identity terrorism globally, including with United States + diplomatic and consular posts, the Director of the National + Counterterrorism Center, the Director of the Central + Intelligence Agency, the Attorney General, the Director of + National Intelligence, the Secretary of Homeland Security, the + Director of the Federal Bureau of Investigation, the Secretary + of the Treasury, and the heads of any other relevant Federal + departments or agencies. + (b) Elements.--The strategy shall at a minimum contain the +following: + (1) An assessment of the global threat from white identity + terrorism abroad, including geographic or country + prioritization based on the assessed threat to the United + States. + (2) A description of the coordination mechanisms between + relevant bureaus and offices within the Department of State, as + well as with United States diplomatic and consular posts, for + developing and implementing efforts to counter white identity + terrorism. + (3) A description of how the Department plans to build on + any existing strategy developed by the Bureau for + Counterterrorism to-- + (A) adapt or expand existing Department programs, + projects, activities, or policy instruments based on + existing authorities for the specific purpose of + degrading and delegitimizing the white identity + terrorist movement globally; and + (B) identify the need for any new Department + programs, projects, activities, or policy instruments + for the specific purpose of degrading and + delegitimizing the white identity terrorist movement + globally, including a description of the steps and + resources necessary to establish any such programs, + projects, activities, or policy instruments, noting + whether such steps would require new authorities. + (4) Detailed plans for using public diplomacy, including + the efforts of the Secretary of State and other senior + Executive Branch officials, including the President, to degrade + and delegitimize white identity terrorist ideologues and + ideology globally, including by-- + (A) countering white identity terrorist messaging + and supporting efforts to redirect potential supporters + away from white identity terrorist content online; + (B) exposing foreign government support for white + identity terrorist ideologies, objectives, ideologues, + networks, organizations, and internet platforms; + (C) engaging with foreign governments and internet + service providers and other relevant technology + entities, to prevent or limit white identity terrorists + from exploiting internet platforms in furtherance of or + in preparation for acts of terrorism or other targeted + violence, as well as the recruitment, radicalization, + and indoctrination of new adherents to white identity + terrorism; and + (D) identifying the roles and responsibilities for + the Office of the Under Secretary for Public Affairs + and Public Diplomacy and the Global Engagement Center + in developing and implementing such plans. + (5) An outline of steps the Department is taking or will + take in coordination, as appropriate, with the Director of the + National Counterterrorism Center, the Director of the Central + Intelligence Agency, the Attorney General, the Director of + National Intelligence, the Secretary of Homeland Security, the + Director of the Federal Bureau of Investigation, the Secretary + of the Treasury, and the heads of any other relevant Federal + departments or agencies to improve information and intelligence + sharing with other countries on white identity terrorism based + on existing authorities by-- + (A) describing plans for adapting or expanding + existing mechanisms for sharing information, + intelligence, or counterterrorism best practices, + including facilitating the sharing of information, + intelligence, or counterterrorism best practices + gathered by Federal, State, and local law enforcement; + and + (B) proposing new mechanisms or forums that might + enable expanded sharing of information, intelligence, + or counterterrorism best practices. + (6) An outline of how the Department plans to use + designation as a Specially Designated Global Terrorist (under + Executive Order No. 13224 (50 U.S.C. 1701 note)) and foreign + terrorist organization (pursuant to section 219 of the + Immigration and Nationality Act (8 U.S.C. 1189)) to support the + strategy, including-- + (A) an assessment and explanation of the utility of + applying or not applying such designations when + individuals or entities satisfy the criteria for such + designations; and + (B) a description of possible remedies if such + criteria are insufficient to enable designation of any + individuals or entities the Secretary of State + considers a potential terrorist threat to the United + States. + (7) A description of the Department's plans, in + consultation with the Department of the Treasury, to work with + foreign governments, financial institutions, and other related + entities to counter the financing of white identity terrorists + within the parameters of current law, or if no such plans + exist, a description of why. + (8) A description of how the Department plans to implement + the strategy in conjunction with ongoing efforts to counter the + Islamic State, al-Qaeda, and other terrorist threats to the + United States. + (9) A description of how the Department will integrate into + the strategy lessons learned in the ongoing efforts to counter + the Islamic State, al-Qaeda, and other terrorist threats to the + United States. + (10) A identification of any additional resources or staff + needed to implement the strategy. + (c) Interagency Coordination.--The Secretary of State shall develop +the strategy in coordination with the Director of the National +Counterterrorism Center and in consultation with the Director of the +Central Intelligence Agency, the Attorney General, the Director of +National Intelligence, the Secretary of Homeland Security, the Director +of the Federal Bureau of Investigation, the Secretary of the Treasury, +and the heads of any other relevant Federal departments or agencies. + (d) Stakeholder Inclusion.--The strategy shall be developed in +consultation with representatives of United States and international +civil society and academic entities with experience researching or +implementing programs to counter white identity terrorism. + (e) Form.--The strategy shall be submitted in unclassified form +that can be made available to the public, but may include a classified +annex if the Secretary of State determines such is appropriate. + (f) Implementation.--Not later than 3 months after the submission +of the strategy, the Secretary of State shall begin implementing the +strategy. + (g) Consultation.--Not later than 90 days after the date of the +enactment of this Act and not less often than annually thereafter, the +Secretary of State shall consult with the Committee on Foreign Affairs +of the House of Representatives and the Committee on Foreign Relations +of the Senate regarding the development and implementation of the +strategy. + (h) Country Reports on Terrorism.--The Secretary of State shall +incorporate all credible information about white identity terrorism, +including regarding relevant attacks, the identification of +perpetrators and victims of such attacks, the size and identification +of organizations and networks, and the identification of notable +ideologues, in the annual country reports on terrorism submitted +pursuant to section 140 of the Foreign Relations Authorization Act, +Fiscal Years 1988 and 1989 (22 U.S.C. 2656f). + (i) Report on Sanctions.-- + (1) In general.--Not later than 120 days and again 240 days + after the submission of each annual country report on terrorism + submitted pursuant to section 140 of the Foreign Relations + Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. + 2656f), as modified in accordance with subsection (h), the + President shall submit to the Committee on Foreign Affairs of + the House of Representatives and the Committee on Foreign + Relations of the Senate a report that determines whether the + foreign persons, organizations, and networks identified in such + annual country reports on terrorism as so modified, satisfy the + criteria to be designated as-- + (A) foreign terrorist organizations under section + 219 of the Immigration and Nationality Act (8 U.S.C. + 1189); or + (B) Specially Designated Global Terrorist under + Executive Order No. 13224 (50 U.S.C. 1701 note). + (2) Form.--Each determination required under subsection (a) + shall be submitted in unclassified form, but may include a + classified annex, if appropriate. + (j) Requirement for Independent Study To Map the Global White +Identity Terrorism Movement.-- + (1) In general.--Not later than 60 days after the date of + the enactment of this Act, the Secretary of State shall enter + into a contract with a federally funded research and + development center with appropriate expertise and analytical + capability to carry out the study described in paragraph (2). + (2) Study.--The study described in this subsection shall + provide for a comprehensive social network analysis of the + global white identity terrorism movement to-- + (A) identify key actors, organizations, and + supporting infrastructure; and + (B) map the relationships and interactions between + such actors, organizations, and supporting + infrastructure. + (3) Report.-- + (A) To the secretary.--Not later than 1 year after + the date on which the Secretary of State enters into a + contract pursuant to subsection (a), the federally + funded research and development center referred to in + such subsection that has entered into such contract + with the Secretary shall submit to the Secretary a + report containing the results of the study required + under this section. + (B) To congress.--Not later than 30 days after + receipt of the report under subparagraph (A), the + Secretary of State shall submit to the Committee of + Foreign Affairs of the House of Representatives and the + Committee on Foreign Relations of the Senate such + report, together with any additional views or + recommendations of the Secretary. + +SEC. 1275. YEMEN. + + (a) Statement of Policy.--It is the policy of the United States-- + (1) to protect United States citizens and strategic + interests in the Middle East region; + (2) to support United Nations-led efforts to end violence + in Yemen and secure a comprehensive political settlement to the + conflict in Yemen that results in protection of civilians and + civilian infrastructure and alleviates the humanitarian crisis + including by facilitating unfettered access for all Yemenis to + food, fuel, and medicine; + (3) to encourage all parties to the conflict in Yemen to + participate in good faith in the United Nations-led process and + to uphold interim agreements as part of that process to end the + conflict, leading to reconstruction in Yemen; + (4) to support United States allies and partners in + defending their borders and territories in order to maintain + stability and security in the Middle East region and encourage + burden sharing among such allies and partners; + (5) to assist United States allies and partners in + countering destabilization of the Middle East region; + (6) to oppose Iranian arms transfers in violation of UN + Security Council resolutions, including transfers to the + Houthis; + (7) to encourage the Government of Saudi Arabia and the + Government of the United Arab Emirates to assist significantly + in the economic stabilization and eventual reconstruction of + Yemen; and + (8) to encourage all parties to the conflict to comply with + the law of armed conflict, including to investigate credible + allegations of war crimes and provide redress to civilian + victims. + (b) Report on Conflict in Yemen.-- + (1) In general.--Not later than 120 days after the date of + the enactment of this Act , the Secretary of State, in + consultation with the Secretary of Defense and the Director of + National Intelligence, shall submit to the appropriate + congressional committees a report on United States policy in + Yemen. + (2) Matters to be included.--The report required under + subsection (b) shall include the following: + (A) A detailed description of diplomatic actions + taken by the United States Government to help ease + human suffering in Yemen, including-- + (i) United States direct humanitarian + assistance and United States donations to + multilateral humanitarian assistance efforts, + including to address the COVID-19 pandemic; + (ii) efforts to ensure that humanitarian + assistance is delivered in line with + internationally recognized humanitarian + principles, and the results of such efforts; + (iii) efforts to facilitate humanitarian + and commercial cargo shipments into Yemen and + minimize delays associated with such shipments, + including access to ports for humanitarian and + commercial cargo, and the results of such + efforts; + (iv) efforts to work with parties to the + conflict in Yemen to ensure protection of + civilians and civilian infrastructure, and the + results of such efforts; + (v) efforts to help the Government of Yemen + to create a mechanism to ensure that salaries + and pensions are paid to civil servants as + appropriate, and the results of such efforts; + and + (vi) efforts to work with ROYG and + countries that are members of the Saudi-led + coalition in Yemen to address the currency + crisis in Yemen and the solvency of the Central + Bank of Yemen, and the results of such efforts. + (B) An assessment of plans, commitments, and + pledges for reconstruction of Yemen made by countries + that are members of the Saudi-led coalition in Yemen, + including an assessment of proposed coordination with + the Government of Yemen and international + organizations. + (C) A description of civilian harm occurring in the + context of the conflict in Yemen since Nov 2017, + including-- + (i) mass casualty incidents; and + (ii) damage to, and destruction of, + civilian infrastructure and services. + (D) An estimated total number of civilian + casualties in the context of the conflict in Yemen + since September 2014, disaggregated by year. + (E) A detailed description of actions taken by the + United States Government to support the efforts of the + United Nations Special Envoy for Yemen to reach a + lasting political solution in Yemen. + (F) A detailed assessment of whether and to what + extent members of the Saudi-led coalition in Yemen have + used United States-origin defense articles and defense + services in Yemen in contravention of the laws of armed + conflict when engaging in any military operations + against the Houthis in Yemen. + (G) A description of external and cross border + attacks perpetrated by the Houthis. + (H) A detailed assessment of the Government of + Yemen's willingness and capacity to effectively-- + (i) provide public services to the people + of Yemen; + (ii) service the external debts of Yemen; + and + (iii) facilitate or ensure access to + humanitarian assistance and key commodities in + Yemen. + (I) A description of support for the Houthis by + Iran and Iran-backed groups, including provision of + weapons and training. + (J) A description of recruitment and use of child + soldiers by parties to the conflict in Yemen. + (3) Form.--The report required under paragraph (1) shall be + submitted in unclassified form (without the classification + ``For Official Use Only'') but may contain a classified annex. + (4) Appropriate congressional committees defined.--In this + subsection, the term ``appropriate congressional committees'' + means-- + (A) the Committee on Foreign Affairs and the + Committee on Armed Services of the House of + Representatives; + (B) the Committee on Foreign Relations and the + Committee on Armed Services of the Senate; + (C) the Permanent Select Committee on Intelligence + of the House of Representatives; and + (D) the Select Committee on Intelligence of the + Senate. + (c) Report on United States Military Support.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Comptroller General of the + United States shall submit to the appropriate congressional + committees a report on United States military support to + countries that are members of the Saudi-led coalition in Yemen + since March 2015 that evaluates-- + (A) the manner and extent to which the United + States military has provided and continues to provide + support to such countries in Yemen; + (B) the extent to which the Department of Defense + has determined that its advice or assistance has-- + (i) minimized violations of the laws of + armed conflict in Yemen, including any credible + allegations of torture, arbitrary detention, + and other gross violations of internationally + recognized human rights by ROYG and countries + that are members of the Saudi-led coalition in + Yemen; and + (ii) reduced civilian casualties and damage + to civilian infrastructure; + (C) the responsiveness and completeness of any + certifications submitted pursuant to section 1290 of + the John S. McCain National Defense Authorization Act + for Fiscal Year 2019 (Public Law 115-232; 132 Stat. + 2081); and + (D) the responsiveness and completeness of any + reports submitted pursuant to section 1274 of the John + S. McCain National Defense Authorization Act for Fiscal + Year 2019 (Public Law 115-232; 132 Stat. 2067). + (2) Form.--The report required under paragraph (1) shall be + submitted in unclassified form (without the classification + ``For Official Use Only''), but may contain a classified annex. + (3) Appropriate congressional committees defined.--In this + subsection, the term ``appropriate congressional committees'' + means-- + (A) the Committee on Foreign Affairs and the + Committee on Armed Services of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on Armed Services of the Senate. + +SEC. 1276. ESTABLISHMENT OF THE OFFICE OF SUBNATIONAL DIPLOMACY. + + Section 1 of the State Department Basic Authorities Act of 1956 (22 +U.S.C. 2651a) is amended by adding at the end the following new +subsection: + ``(h) Office of Subnational Diplomacy.-- + ``(1) In general.--There shall be established within the + Department of State an Office of Subnational Diplomacy (in this + subsection referred to as the `Office'). + ``(2) Head of office.--The head of the Office shall be a + full-time position filled by a senior Department official. The + head of the Office shall report directly to the Under Secretary + for Political Affairs. + ``(3) Duties.-- + ``(A) Principal duty.--The principal duty of the + head of the Office shall be the overall supervision + (including policy oversight of resources) of Federal + support for subnational engagements by State and + municipal governments with foreign governments. The + head of the Office shall be the principal adviser to + the Secretary of State on subnational engagements and + the principal official on such matters within the + senior management of the Department of State. + ``(B) Additional duties.--The additional duties of + the head of the Office shall include the following: + ``(i) Coordinating overall United States + policy and programs in support of subnational + engagements by State and municipal governments + with foreign governments, including with + respect to the following: + ``(I) Coordinating resources across + the Department of State and throughout + the Federal Government in support of + such engagements. + ``(II) Identifying policy, program, + and funding disputes among relevant + Federal agencies regarding such + coordination. + ``(III) Identifying gaps in Federal + support for such engagements and + developing corresponding policy or + programmatic changes to address such + gaps. + ``(ii) Promoting United States foreign + policy goals through support for subnational + engagements and aligning subnational priorities + with national foreign policy goals, as + appropriate. + ``(iii) Maintaining a public database of + subnational engagements. + ``(iv) Providing advisory support to + subnational engagements, including by assisting + State and municipal governments to-- + ``(I) develop, implement, and, as + necessary, adjust global engagement and + public diplomacy strategies; and + ``(II) implement programs to + cooperate with foreign governments on + policy priorities or managing shared + resources. + ``(v) Facilitating linkages and networks + between State and municipal governments and + their foreign counterparts. + ``(vi) Overseeing the work of Department of + State detailees assigned to State and municipal + governments pursuant to this subsection. + ``(vii) Negotiating agreements and + memoranda of understanding with foreign + governments to support subnational engagements + and priorities. + ``(viii) Promoting United States trade and + foreign exports on behalf of United States + businesses through exchanges between the United + States and foreign state, municipal, and + provincial governments, and by establishing a + more enduring relationship overall between + subnational governments. + ``(ix) Coordinating subnational engagements + with the associations of subnational elected + leaders, including the U.S. Conference of + Mayors, National Governors Association, + National League of Cities, National Association + of Counties, Council of State Governments, + National Conference of State Legislators, and + State International Development Offices. + ``(4) Detailees.-- + ``(A) In general.--The Secretary of State, acting + through the head of the Office, is authorized to detail + a member of the civil service or Foreign Service to + State and municipal governments on a reimbursable or + nonreimbursable basis. Such details shall be for a + period not to exceed 2 years, and shall be without + interruption or loss of Foreign Service status or + privilege. + ``(B) Responsibilities.--Detailees under + subparagraph (A) shall carry out the following: + ``(i) Supporting the mission and objectives + of the Office. + ``(ii) Coordinating activities relating to + State and municipal government subnational + engagements with the Department of State, + including the Office, Department leadership, + and regional and functional bureaus of the + Department, as appropriate. + ``(iii) Engaging the Department of State + and other Federal agencies regarding security, + public health, trade promotion, and other + programs executed at the State or municipal + government level. + ``(iv) Advising State and municipal + government officials regarding questions of + global affairs, foreign policy, cooperative + agreements, and public diplomacy. + ``(v) Any other duties requested by State + and municipal governments and approved by the + Office. + ``(5) Report and briefing.-- + ``(A) Report.--Not later than 1 year after the date + of the enactment of this subsection, the head of the + Office shall submit to the Committee on Foreign Affairs + of the House of Representatives and the Committee on + Foreign Relations of the Senate a report that includes + information relating to the following: + ``(i) The staffing plan (including + permanent and temporary staff) for the Office. + ``(ii) The funding level provided to the + Office for the Office, together with a + justification relating to such level. + ``(iii) The status of filling the position + of head of the Office. + ``(iv) The rank and title granted to the + head of the Office, together with a + justification relating to such decision and an + analysis of whether the rank and title of + Ambassador-at-Large is required to fulfill the + duties of the Office. + ``(v) A strategic plan for the Office. + ``(vi) Any other matters as determined + relevant by the head of the Office. + ``(B) Briefings.--Not later than 30 days after the + submission of the report required under subparagraph + (A) and annually thereafter, the head of the Office + shall brief the Committee on Foreign Affairs of the + House of Representatives and the Committee on Foreign + Relations of the Senate on the work of the Office and + any changes made to the organizational structure or + funding of the Office. + ``(6) Rule of construction.--Nothing in this subsection may + be construed as precluding-- + ``(A) the Office from being elevated to a bureau + within the Department of State; or + ``(B) the head of the Office from being elevated to + an Assistant Secretary, if such an Assistant Secretary + position does not increase the number of Assistant + Secretary positions at the Department above the number + authorized under subsection (c)(1). + ``(7) Definitions.--In this subsection: + ``(A) Municipal.--The term `municipal' means, with + respect to the government of a municipality in the + United States, a municipality with a population of not + fewer than 100,000 people. + ``(B) State.--The term `State' means the 50 States, + the District of Columbia, and any territory or + possession of the United States. + ``(C) Subnational engagement.--The term + `subnational engagement' means formal meetings or + events between elected officials of State or municipal + governments and their foreign counterparts.''. + +SEC. 1277. REPORT AND STRATEGY TO ADDRESS GROSS VIOLATIONS OF HUMAN + RIGHTS AND CIVILIAN HARM IN BURKINA FASO, MALI, AND + NIGER. + + (a) Report Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, and annually thereafter for 3 years, + the Secretary of Defense and the Secretary of State shall + jointly submit to the appropriate congressional committees a + report on gross violations of human rights and civilian harm in + Burkina Faso, Mali, and Niger, as well as civilian harm that + may occur during United States-supported advise, assist, and + accompany operations in the Sahel region. + (2) Matters to be included.--The report required by this + subsection shall include the following: + (A) An identification of all state security force + units of Burkina Faso, Mali, and Niger that + participated in United States security cooperation + programs or benefitted from security assistance since + fiscal year 2017, whether any of these units were + subsequently credibly implicated in gross violations of + human rights, including extrajudicial killings and + torture, and the approximate locations, to the extent + possible, of where such violations have taken place. + (B) A description of gross violations of human + rights and civilian harm committed by violent extremist + organizations and other armed groups operating in + Burkina Faso, Mali, and Niger, including deaths of + state security forces and destruction of civilian + infrastructure, including schools, medical facilities, + and churches. + (C) An assessment of the relationship between state + security forces and any non-state armed groups active + in Burkina Faso, Mali, and Niger, including an analysis + of the extent to which any armed group that has been + credibly implicated in gross violations of human rights + or civilian casualties received material support from + the governments or militaries of such countries. + (D) An assessment of efforts by the Governments of + Burkina Faso, Mali, and Niger to prevent and decrease + instances of gross violations of human rights or + civilian casualties by state security forces during + counterterrorism operations and ensure accountability + for violations that have occurred since fiscal year + 2017 through appropriate justice systems, including + efforts to investigate, prosecute, and sentence such + violations. + (E) An assessment of the impact that any gross + violations of human rights and other civilian + casualties perpetrated by state security forces and + non-state armed groups in Burkina Faso, Mali, and Niger + have had on the effectiveness of regional and + international counterterrorism operations. + (F) An assessment of the effectiveness of any + United States human rights training provided to the + security forces of Burkina Faso, Mali, and Niger to + date. + (G) A description of any confirmed incidents or + reports of civilian harm that may have occurred during + United States military advise, assist, or accompany + operations. + (H) Any other matters that the Secretary of Defense + and the Secretary of State consider to be relevant. + (b) Strategy Required.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Secretary of Defense and the + Secretary of State shall jointly submit to the appropriate + congressional committees a United States strategy to prevent + civilian harm and address gross violations of human rights by + state security forces of Burkina Faso, Mali, and Niger, and + ensure accountability for such violations. + (2) Matters to be included.--The strategy required by this + subsection shall include the following: + (A) A description of planned public and private + diplomatic engagement to support efforts by the + Governments of Burkina Faso, Mali, and Niger to + investigate and prosecute any credible allegations of + gross violations of human rights by state security + forces and non-state armed groups. + (B) An identification of United States foreign + assistance and security cooperation funds and other + available United States policy tools to support + programs aimed at addressing gross violations of human + rights and civilian harm, and an assessment of how they + can be strengthened to greater effect. + (C) An identification of United States foreign + assistance and security cooperation funds available to + support the state security forces of Burkina Faso, + Mali, and Niger to combat violent extremist + organizations, improve civil-military relations, and + strengthen accountability through their military + justice systems, including support for building the + capacity of provost marshals. + (D) An identification of state security forces of + Burkina Faso, Mali, and Niger that would most benefit + from United States foreign assistance and security + cooperation funds identified in subparagraph (C) and + that are eligible to receive such funds. + (E) A description of plans to coordinate United + States efforts with France, the European Union, the + United Nations Stabilization Mission in Mali (MINUSMA), + the African Union, and the G5 Sahel Joint Force to + decrease gross violations of human rights and minimize + civilian harm during all counterterrorism operations in + the Sahel. + (F) Any other matters that the Secretary of Defense + and the Secretary of State consider to be relevant. + (c) Form.--The report required by subsection (a) and the strategy +required by subsection (b) shall be submitted in unclassified form, but +may include a classified annex. + (d) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services and the + Committee on Foreign Affairs of the House of + Representatives; and + (B) the Committee on Armed Services and the + Committee on Foreign Relations of the Senate. + (2) Civilian harm.--In this section, the term ``civilian + harm'' means conflict-related death, physical injury, loss of + property or livelihood, or interruption of access to essential + services. + +SEC. 1278. ASSESSMENT OF EFFECTIVENESS OF UNITED STATES POLICIES + RELATING TO EXPORTS OF UNITED STATES-ORIGIN UNMANNED + AERIAL SYSTEMS THAT ARE ASSESSED TO BE ``CATEGORY I'' + ITEMS UNDER THE MISSILE TECHNOLOGY CONTROL REGIME. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and annually thereafter through December 31, +2025, the Secretary of State, in consultation with the Secretary of +Defense, shall conduct and submit to the appropriate congressional +committees an assessment of the effectiveness of United States policies +to-- + (1) export United States-origin Unmanned Aerial Systems + (UAS) that are assessed to be ``Category I'' items under the + Missile Technology Control Regime (MTCR) (in this section + referred to as ``covered items''); and + (2) support United States allies and partners' security, + counter-terrorism capabilities, persistent intelligence, + surveillance, and reconnaissance (ISR) capabilities, and + persistent maritime domain awareness and strengthen bilateral + relationships through exports of covered items. + (b) Matters To Be Included.--The assessment required by subsection +(a) shall include the following: + (1) A description of steps taken to enhance United States + competitiveness in the global UAS market, including markets in + which covered items have been exported to foreign countries + that previously received UAS that are assessed to be ``Category + I'' items under the MTCR from third countries. + (2) A description of how the Department of State and other + relevant Federal agencies evaluate United States allies and + partners' access to covered items. + (3) A description of progress to prevent state and non- + state actors from gaining covered items' capabilities that + would undermine the safety and security of United States allies + and partners. + (4) An identification of the total number of licenses + requested, approved, returned without action, or denied for the + export of covered items and the typical amount of time needed + to process such requests beginning on the date on which the + license was received by the Department of State. + (5) A summary of results of end use checks conducted during + the assessment period by the Department of State and the + Department of Defense with respect to covered items transferred + under the Arms Export Control Act (22 U.S.C. 2751 et. seq.) and + any pending or concluded investigations into end-use violations + of covered items pursuant to section 3 of the Arms Export + Control Act (22 U.S.C. 2753). + (c) Periods Covered by Assessments.--The first assessment required +by subsection (a) shall cover the 3-year period ending on the date of +the enactment of this Act. Each subsequent assessment required by +subsection (a) shall cover the 1-year period beginning on the day after +the end of the period covered in the preceding assessment. + (d) Form.--The assessment required by subsection (a) shall be +submitted in unclassified form but may include a classified annex. + (e) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives; and + (2) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate. + +SEC. 1279. SENSE OF CONGRESS ON THE UNITED STATES ISRAEL RELATIONSHIP. + + It is the sense of Congress that-- + (1) since 1948, Israel has been one of the strongest + friends and allies of the United States; + (2) Israel is a stable, democratic country in a region + often marred by turmoil; + (3) it is essential to the strategic interest of the United + States to continue to offer full security assistance and + related support to Israel; and + (4) such assistance and support is especially vital as + Israel confronts a number of potential challenges at the + present time, including continuing threats from Iran. + +SEC. 1280. FEASIBILITY STUDY ON INCREASED ROTATIONAL DEPLOYMENTS TO + GREECE AND ENHANCEMENT OF UNITED STATES-GREECE DIPLOMATIC + ENGAGEMENT. + + (a) Feasibility Study.-- + (1) In general.--The Secretary of Defense shall conduct a + study on the feasibility of increased rotational deployments of + members of the Armed Forces to Greece, including to Souda Bay, + Alexandroupoli, Larissa, Volos, and Stefanovikeio. + (2) Element.--The study required by paragraph (1) shall + include an evaluation of any infrastructure investment + necessary to support such increased rotational deployments. + (3) Report to congress.--Not later than 180 days after the + date of the enactment of this Act, the Secretary of Defense + shall submit to the congressional defense committees a report + on the results of the study required by paragraph (1). + (b) Diplomatic Engagement.--The Secretary of State is encouraged to +pursue persistent United States diplomatic engagement with respect to +the Greece-Cyprus-Israel and Greece-Cyprus-Egypt trilateral agreements +beyond the occasional participation of United States diplomats in the +regular summits of the countries party to such agreements. + +SEC. 1281. REPORT ON INTERNALLY DISPLACED PEOPLES IN UKRAINE, GEORGIA, + MOLDOVA, AND AZERBAIJAN. + + (a) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, in coordination with the +Secretary of Defense, shall submit to the appropriate congressional +committees a report on the status of internally displaced persons in +Ukraine, Georgia, the Republic of Moldova, and the Republic of +Azerbaijan. + (b) Elements.--The report required by subsection (a) shall include +an assessment of the following: + (1) The number of citizens of Ukraine, Georgia, Moldova, + and Azerbaijan who have been forcibly displaced in illegally + occupied regions in Ukraine, Georgia, Moldova, and Azerbaijan + by foreign forces since 1991. + (2) The number of citizens of Ukraine, Georgia, Moldova, + and Azerbaijan who have been killed in regions illegally + occupied by foreign forces since 1991. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; + (2) the Committee on Appropriations of the Senate and the + Committee on Appropriations of the House of Representatives; + and + (3) the Committee on Foreign Relations of the Senate and + the Committee on Foreign Affairs of the House of + Representatives. + +SEC. 1282. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE IN THE GALWAN + VALLEY AND THE GROWING TERRITORIAL CLAIMS OF THE PEOPLE'S + REPUBLIC OF CHINA. + + (a) Findings.--Congress makes the following findings: + (1) Since a truce in 1962 ended skirmishes between India + and the People's Republic of China, the countries have been + divided by a 2,100-mile-long Line of Actual Control. + (2) In the decades since the truce, military standoffs + between India and the People's Republic of China have flared; + however, the standoffs have rarely claimed the lives of + soldiers. + (3) In the months leading up to June, 15, 2020, along the + Line of Actual Control, the People's Republic of China-- + (A) reportedly amassed 5,000 soldiers; and + (B) is believed to have crossed into previously + disputed territory considered to be settled as part of + India under the 1962 truce. + (4) On June 6, 2020, the People's Republic of China and + India reached an agreement to deescalate and disengage along + the Line of Actual Control. + (5) On June 15, 2020, at least 20 Indian soldiers and an + unconfirmed number of Chinese soldiers were killed in + skirmishes following a weeks-long standoff in Eastern Ladakh, + which is the de facto border between India and the People's + Republic of China. + (6) Following the deadly violence, Prime Minister Narendra + Modi of India stated, ``[w]henever there have been differences + of opinion, we have always tried to ensure that those + differences never turned into a dispute''. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) India and the People's Republic of China should work + toward deescalating the situation along the Line of Actual + Control; and + (2) the expansion and aggression of the People's Republic + of China in and around disputed territories, such as the Line + of Actual Control, the South China Sea, the Senkaku Islands, is + of significant concern. + +SEC. 1283. ENHANCING ENGAGEMENT WITH THE CARIBBEAN. + + It is the sense of Congress that-- + (1) the prosperity and security of the Caribbean region is + a matter of significant importance for the United States, and + promotion of such should be a component of United States + policy; + (2) the United States and the Caribbean region, due to both + geographic proximity and close societal ties, are bound + together by a variety of shared interests, including with + respect to-- + (A) enhancing mutual resiliency and preparedness + for natural disasters; + (B) coordinating humanitarian responses to such + disasters; + (C) advancing trade, investment, academic exchange, + and other cooperative efforts between the United States + and the Caribbean region; + (D) enhancing Caribbean states' security and + safeguarding territorial sovereignty, including from + risks related to predatory financing; + (E) strengthening the rule of law, supporting civil + society, and upholding human rights; + (F) addressing other mutual challenges, including + hemispheric efforts to combat the coronavirus pandemic; + and + (G) countering drug trafficking; + (3) in furtherance of these and other shared interests, the + United States should strengthen its engagement with the + Caribbean region; and + (4) the Department of State's and the Department of + Defense's facilitation of such engagement is essential, given + the role of the various agencies of the United States + government in coordinating humanitarian responses and United + States national security. + +SEC. 1284. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS + PRACTICES. + + The Foreign Assistance Act of 1961 is amended as follows: + (1) In section 116 (22 U.S.C. 2151n), by adding at the end + the following: + ``(h) Status of Excessive Surveillance and Use of Advanced +Technology.-- + ``(1) In general.--The report required by subsection (d) + shall include, wherever applicable, a description of the status + of surveillance and use of advanced technology to impose + arbitrary or unlawful interference with privacy, or unlawful or + unnecessary restrictions on freedoms of expression, peaceful + assembly, association, or other internationally recognized + human rights in each country, including-- + ``(A) whether the government of such country has + adopted and is enforcing laws, regulations, policies, + or practices relating to-- + ``(i) government surveillance or + censorship, including through facial + recognition, biometric data collection, + internet and social media controls, sensors, + spyware data analytics, non-cooperative + location tracking, recording devices, or other + similar advanced technologies, and any + allegations or reports that this surveillance + or censorship was unreasonable; + ``(ii) searches or seizures of individual + or private institution data without independent + judicial authorization or oversight; and + ``(iii) surveillance of any group based on + political views, religious beliefs, ethnicity, + or other protected category, in violation of + equal protection rights; + ``(B) whether such country has imported or + unlawfully obtained biometric or facial recognition + data from other countries or entities and, if + applicable, from whom; and + ``(C) whether the government agency end-user has + targeted individuals, including through the use of + technology, in retaliation for the exercise of their + human rights or on discriminatory grounds prohibited by + international law, including targeting journalists or + members of minority groups. + ``(2) Definition.--In this subsection, the term `internet + and social media controls' means the arbitrary or unlawful + imposition of restrictions, by state or service providers, on + internet and digital information and communication, such as + through the blocking or filtering of websites, social media + platforms, and communication applications, the deletion of + content and social media posts, or the penalization of online + speech, in a manner that violates rights to free expression or + assembly.''. + (2) In section 502B(b) (22 U.S.C. 2304(b))-- + (A) by redesignating the second subsection (i) (as + added by section 1207(b)(2) of Public Law 113-4) as + subsection (j); and + (B) by adding at the end the following: + ``(k) Status of Excessive Surveillance and Use of Advanced +Technology.--The report required under subsection (b) shall include, +wherever applicable, a description of the status of excessive +surveillance and use of advanced technology to restrict human rights, +including the descriptions of such policies or practices required under +section 116(h).''. + +SEC. 1285. ESTABLISHMENT OF NATIONAL COMMISSION ON U.S. + COUNTERTERRORISM POLICY. + + (a) Establishment.--There is established an independent commission +within the legislative branch to be known as the ``National Commission +on U.S. Counterterrorism Policy'' (in this section referred to as the +``Commission''). + (b) Purpose.--The Commission shall assess United States +counterterrorism efforts, including the study areas specified in +subsection (c), and make recommendations based on its findings. + (c) Study Areas.--In carrying out subsection (b), the Commission +shall study the following: + (1) The evolution of threats to the United States since + September 11, 2001, from international and domestic terrorism, + including-- + (A) an assessment of potential connections between + such threats, and the risks such threats pose relative + to other security threats to the United States and + United States national interests; and + (B) the effects of United States counterterrorism + objectives, priorities, capabilities, policies, + programs, and activities on such threats. + (2) The applicability of major lessons learned from United + States counterterrorism objectives, priorities, policies, + programs, and activities since September 11, 2001, for ongoing + and future counterterrorism objectives, priorities, policies, + programs, and activities. + (3) Ongoing United States counterterrorism objectives, + priorities, capabilities, policies, programs, and activities, + including an assessment of the following: + (A) Whether such objectives, priorities, + capabilities, policies, programs, and activities are + appropriately integrated, programmatically and + organizationally, into wider United States foreign and + domestic policy. + (B) Whether counterterrorism resources are + appropriately balanced across the range of + counterterrorism programs and activities conducted by + the United States, and the actions necessary to improve + such balance if necessary. + (C) The potential constraints on counterterrorism + objectives, priorities, capabilities, policies, + programs, and activities resulting from the United + States' need to confront a growing number of + geopolitical and security challenges, and how to + mitigate any terrorism-related risks that might result. + (D) The potential new or emerging challenges or + opportunities of conducting counterterrorism operations + in contested environments where strategic state + competitors such as Russia, China, or Iran operate, and + identification of actions the United States Government + should take to mitigate potential risks and take + advantage of possible opportunities. + (E) The instruments of national power used to + advance counterterrorism objectives and identification + of new or modified instruments, if appropriate. + (F) Any impacts of such counterterrorism + objectives, priorities, capabilities, policies, + programs, and activities on civil rights and civil + liberties in the United States and internationally + recognized human rights and humanitarian principles + abroad. + (4) The legal authorities and policy frameworks for + counterterrorism programs and activities in the United States + and abroad, and whether such authorities or frameworks require + updating. + (5) The state of United States counterterrorism + partnerships, including-- + (A) the impact of United States counterterrorism + objectives, priorities, capabilities, policies, + programs, and activities on the counterterrorism + objectives, priorities, capabilities, policies, + programs, and activities of partner countries; and + (B) the willingness, capacity, and capability of + United States counterterrorism partners to combat + shared threats, and the impact of security assistance + and foreign assistance on such willingness, capacity, + and capability. + (6) Ongoing efforts by the executive branch to measure the + effectiveness of United States counterterrorism objectives, + priorities, capabilities, policies, programs, and activities + through net assessments and evaluations of lessons learned, + including an assessment of efforts to address factors that + contribute to terrorist recruitment and radicalization. + (7) Recommendations on how best to adapt United States + counterterrorism objectives, priorities, capabilities, + policies, programs, and activities on the basis of the areas of + study specified in this subsection and any other findings the + Commission determines relevant. + (d) Composition.-- + (1) Members.--The Commission shall be composed of 14 + commissioners, to be appointed as follows: + (A) One commissioner appointed by the Chairman, + with the concurrence of the ranking member, of each of + the appropriate congressional committees. + (B) A Chairperson, appointed by the Speaker of the + House of Representatives, with the concurrence of the + Minority Leader of the House of Representatives. + (C) A Vice-Chairperson, appointed by the Majority + Leader of the Senate, with the concurrence of the + Minority Leader of the Senate. + (2) Qualifications.--Individuals appointed to the + Commission shall be United States persons with relevant + counterterrorism expertise and experience in diplomacy, law + enforcement, the Armed Forces, law, public administration, + Congress, intelligence, academia, human rights, civil rights, + or civil liberties. The leadership of the House of + Representatives and the Senate shall coordinate with the + appropriate congressional committees to ensure that Commission + membership represents a variety of expertise in such fields. At + least one of the commissioners shall possess a civil rights or + civil liberties background in addition to relevant + counterterrorism expertise, and one commissioner shall possess + an international human rights background in addition to + relevant counterterrorism expertise. + (3) Prohibitions.--An individual appointed to the + Commission may not be-- + (A) a Member of Congress, including a Delegate or + Resident Commissioner; + (B) an employee or official of any other branch of + the Federal Government; + (C) an employee or official of any State, + territory, county, or municipality in the United + States; or + (D) a registered lobbyist. + (4) Conflicts of interest.--An individual appointed to the + Commission shall disclose any financial gains from private + sector employment conducted in support of United States + counterterrorism objectives, priorities, capabilities, + policies, programs, or activities at any time since the + September 11, 2001, attacks. + (5) Deadline for appointment of commissioners.--Individuals + appointed to the Commission shall be appointed not later than-- + (A) 30 days after the date of the enactment of this + Act; or + (B) December 31, 2020, + whichever occurs first. + (6) Period of appointment.--Each commissioner and the + Chairperson and Vice-Chairperson shall be appointed for the + life of the Commission. + (7) Vacancies.--Any vacancy in the Commission shall not + affect its powers and duties and shall be filled in the same + manner as the original appointment within 30 days of such + vacancy occurring. + (8) Compensation.--Commissioners and the Chairperson and + Vice-Chairperson shall serve without pay. + (9) Travel expenses.--Commissioners and the Chairperson and + Vice-Chairperson shall receive travel expenses, including per + diem in lieu of subsistence, in accordance with sections 5702 + and 5703 of title 5, United States Code, while away from their + homes or regular places of business in performance of services + for the Commission. + (e) Meetings.-- + (1) Initial meeting.--The initial meeting of the Commission + shall be held not later than 30 days after the satisfaction of + all of the following: + (A) The appointment of two-thirds of the members of + the Commission, including at least one of the + Chairperson or Vice-Chairperson. + (B) The transfer of funding under subsection (k). + (2) Responsibility.--The Commission shall, at its initial + meeting, develop and implement a schedule for completion of the + review and assessment under subsection (b) and report under + subsection (m)(2). + (3) Subsequent meetings.--The Commission shall meet at the + call the Chairperson or a majority of commissioners. + (4) Quorum.--Eight commissioners shall constitute a quorum, + and commissioners may vote by proxy. + (f) Consultation.--In conducting the review and assessment and +study required under this section, the Commission shall consult with +relevant experts in the Federal Government (including relevant Members +of Congress and congressional staff), academia, law, civil society, and +the private sector. + (g) Powers of the Commission.-- + (1) Hearings and evidence.--For the purposes of carrying + out this section, the Commission may-- + (A) hold classified or unclassified hearings, take + testimony, receive evidence, and administer oaths; and + (B) subject to paragraph (3), require, by subpoena + authorized by majority vote of the Commission and + issued under the signature of the Chairperson or any + member designated by a majority of the Commission, the + attendance and testimony of such witnesses and the + production of such books, records, correspondence, + memoranda, papers, and documents, as the Commission may + determine advisable. + (2) Notification of committees.--If the Commission is + unable to obtain testimony or documents needed to conduct its + work, the Commission shall notify the appropriate congressional + committees. + (3) Subpoena enforcement.-- + (A) In general.--In the case of contumacy or + failure to obey a subpoena issued under paragraph + (1)(B), the United States district court for the + judicial district in which the subpoenaed person + resides, is served, or may be found, or where the + subpoena is returnable, may issue an order requiring + such person to appear at any designated place to + testify or to produce documentary or other evidence. + Any failure to obey the order of the court may be + punished by the court as a contempt of that court. + (B) Additional enforcement.--In the case of any + failure of any witness to comply with any subpoena or + to testify when summoned under authority of this + section, the Commission may, by majority vote, certify + a statement of fact constituting such failure to the + appropriate United States attorney, who may bring the + matter before the grand jury for its action, under the + same statutory authority and procedures as if the + United States attorney had received a certification + under sections 102 through 104 of the Revised Statutes + of the United States (2 U.S.C. 192 through 194). + (4) Limitations on subpoena authority.--With respect to the + subpoena authority under paragraph (1)(B), the Commission-- + (A) may only issue a subpoena to a member of + Federal, State, local, Tribal, or territorial + government; + (B) may reference unclassified documents and + information obtained through a subpoena when conducting + interviews to further the Commission's objectives, and + may include such documents and information in the final + report, but may not otherwise share, disclose, publish, + or transmit in any way any information obtained through + a subpoena to another Federal department or agency, any + agency of a State, local, Tribal, or territorial + government, or any international body; and + (C) shall comply with requirements for the issuance + of a subpoena issued by a United States district court + under the Federal Rules of Civil Procedure. + (5) Meetings.--The Commission shall-- + (A) hold public hearings and meetings; + (B) hold classified hearings or meetings if + necessary to discuss classified material or + information; and + (C) provide an opportunity for public comment, + including sharing of research and policy analysis, + through publication in the Federal Register of a + solicitation for public comments during a period to + last not fewer than 45 days. + (h) Resources.-- + (1) Authority to use the united states mails.--The + Commission may use the United States mails in the same manner + and under the same conditions as other Federal agencies. + (2) Documents, statistical data and other such + information.--Upon written request by the Chairperson, Vice- + Chairperson, or any commissioner designated by a majority of + the Commission, an executive department, bureau, agency, board, + commission, office, independent establishment, or + instrumentality of the Federal Government-- + (A) shall provide reasonable access to documents, + statistical data, and other such information the + Commission determines necessary to carry out its + duties; and + (B) shall, to the extent authorized by law, furnish + any information, suggestions, estimates, and statistics + the Commission determines necessary to carry out its + duties. + (3) Gifts.--No member or staff of the Commission may + receive a gift or benefit by reason of the service of such + member or staff to the Commission. + (4) Authority to contract.-- + (A) In general.--The Commission is authorized to + enter into contracts, leases, or other legal agreements + with Federal and State agencies, Indian tribes, Tribal + entities, private entities, and individuals for the + conduct of activities necessary to the discharge of its + duties. + (B) Termination.--A contract, lease, or other legal + agreement entered into by the Commission under this + paragraph may not extend beyond the date of termination + of the Commission. + (5) Inapplicability of faca.--The Federal Advisory + Committee Act (5 U.S.C. App.) shall not apply to the activities + of the Commission under this section. + (6) Office space and administrative support.--The Architect + of the Capitol shall make office space available for day-to-day + activities of the Commission and for scheduled meetings of the + Commission. Upon request, the Architect of the Capitol shall + provide, on a reimbursable basis, such administrative support + as the Commission requests to carry out its duties. + (7) Assistance from federal agencies.-- + (A) General services administration.--The + Administrator of General Services shall provide to the + Commission on a reimbursable basis administrative + support and other services as the Commission requests + to carry out its duties. + (B) Federal departments and agencies.--Federal + departments and agencies may provide to the Commission + such services, funds, facilities, staff, and other + support services as such departments and agencies + consider advisable and as may be authorized by law. + (i) Staff.-- + (1) Director.--The Chairperson, in consultation with the + Vice-Chairperson, and in accordance with rules agreed upon by + the Commission, may appoint a staff director. + (2) Staff.--With the approval of the Commission, the staff + director may appoint such employees as the staff director + determines necessary to enable the Commission to carry out its + duties. + (3) Staff qualifications.--The staff director shall ensure + employees of the Commission have relevant counterterrorism + expertise and experience, including in areas such as diplomacy, + law enforcement, the Armed Forces, law, public administration, + Congress, intelligence, academia, human rights, civil rights, + or civil liberties. + (3) Appointments and compensation.--The Commission may + appoint and fix the compensation of the staff director and + other employees without regard to the provisions of title 5, + United States Code, governing appointments in the competitive + service, and without regard to the provisions of chapter 51 and + subchapter III of chapter 53 of such title relating to + classification and General Schedule pay rates, except that the + rate of pay for the staff director may not may exceed the + equivalent of that payable to a person occupying a position at + level IV of the Executive Schedule and the rate of pay for any + other employee of the Commission may not exceed the equivalent + of that payable to a person occupying a position at level V of + the Executive Schedule. + (4) Experts and consultants.--With the approval of the + Chairperson, the staff director may procure temporary and + intermittent services under section 3109(b) of title 5, United + States Code. + (5) Detail of government employees.--Upon the request of + the Commission, the head of any Federal agency may detail, + without reimbursement, any of the personnel of such agency to + the Commission to assist in carrying out its duties. Any such + detail shall not interrupt or otherwise affect the civil + service status or privileges of such personnel. + (6) Volunteer services.--Notwithstanding section 1342 of + title 31, United States Code, the Commission may accept and use + voluntary and uncompensated services as the Commission + determines necessary. + (j) Security Clearances for Commission Members and Staff.--The +appropriate Federal agencies or departments shall cooperate with the +Commission in expeditiously providing to the commissioners, including +the Chairperson and Vice-Chairperson, and the staff director and other +employees, appropriate security clearances to the extent possible +pursuant to existing procedures and requirements. + (k) Funding.-- + (1) In general.--Of the amounts authorized to be + appropriated for fiscal year 2021 by this Act, $4,000,000 shall + be made available for transfer to the Commission for purposes + of the activities of the Commission under this section. + (2) Duration of availability.--Amounts made available to + the Commission under paragraph (1) shall remain available until + the until the termination of the Commission. + (l) Termination.--The Commission shall terminate on the date that +is 180 days after the date on which the Commission submits the report +under subsection (m)(2). + (m) Briefings and Report.-- + (1) Briefings.--The Chairperson, Vice-Chairperson, and + staff director of the Commission shall provide quarterly + briefings to the appropriate congressional committees, of which + not fewer than two briefings shall be for Members of Congress. + (2) Report.-- + (A) In general.--Not later than 540 days after the + initial meeting of the Commission under subsection (e), + the Commission shall submit to the appropriate + congressional committees an unclassified report that + includes the following: + (i) The findings, conclusions, and + recommendations of the Commission pursuant to + the review and assessment under subsection (b). + (ii) Summaries of the input and + recommendations of each individual with whom + the Commission consulted in accordance with + subsection (f), attributed in accordance with + the preference expressed by such individual. + (B) Classified annex.--The report required under + this subsection may include a classified annex. + (C) Addendum.--Pursuant to subsection (h)(3), the + Commission shall publish as an addendum to the report + under subsection (m)(2) a list of all gifts received + and the individual or entity from which such gift was + received. + (3) Public release.--Not later than 7 days after the date + on which the Commission submits the report under this + subsection, the Commission shall make publicly available such + report, with the exception of any classified annex under + paragraph (2)(B). + (n) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services, the Committee + on Homeland Security, the Committee on Foreign Affairs, + the Permanent Select Committee on Intelligence, the + Committee on the Judiciary, and the Committee on + Financial Services of the House of Representatives; and + (B) the Committee on Armed Services, the Committee + on Homeland Security and Governmental Affairs, the + Committee on Foreign Relations, the Select Committee on + Intelligence, the Committee on the Judiciary, and the + Committee on Finance of the Senate. + (2) Domestic terrorism.--The term ``domestic terrorism'' + has the meaning given such term in section 2331 of title 18, + United States Code. + (3) Indian tribe.--The term ``Indian tribe'' has the + meaning given such term in section 4 of the Indian Self- + Determination and Education Assistance Act of 1975 (25 U.S.C. + 5304). + (4) International terrorism.--The term ``international + terrorism'' has the meaning given such term in section 2331 of + title 18, United States Code. + (5) Registered lobbyist.--The term ``registered lobbyist'' + means a lobbyist described in section 3 of the Lobbying + Disclosure Act of 1995 (2 U.S.C. 1603). + (6) United states person.--The term ``United States + person'' has the meaning given that term in section 101 of the + Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). + +SEC. 1286. PROGRAM TO PREVENT, MITIGATE, AND RESPOND TO CIVILIAN HARM + AS A RESULT OF MILITARY OPERATIONS IN SOMALIA. + + (a) Program Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense, in + coordination with the Secretary of State, shall develop and + implement a program-- + (A) to prevent, mitigate, and respond to civilian + harm resulting from military operations to counter al- + Shabaab or the Islamic State in Somalia (ISIS-Somalia); + and + (B) to enhance the ability for Somali civilians to + report instances of civilian harm resulting from-- + (i) any operations conducted by United + States Armed Forces; and + (ii) any operations in which United States + Armed Forces provided operational support to + the Somali Army or the African Union Mission in + Somalia (AMISOM). + (2) Coordination.--The program required by this subsection + shall be carried out in accordance with-- + (A) section 1213 of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116- + 92); + (B) section 936 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (10 + U.S.C. 134 note); and + (C) section 1057 of the National Defense + Authorization Act for Fiscal Year 2018. + (b) Scope of Program.--The program required by subsection (a) shall +include the following: + (1) Measures in accordance with section 1057 of the + National Defense Authorization Act for Fiscal Year 2018 to + improve the ability of the Somali National Army, AMISOM, the + United States military, and United States contractors to + prevent, mitigate, and respond to instances of civilian harm as + a result of military operations to counter al-Shabaab or ISIS- + Somalia. + (2) Measures in accordance with section 1057 of the + National Defense Authorization Act for Fiscal Year 2018 and + section 936 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note) to + improve coordination among international actors involved in + military operations in Somalia, to include AMISOM, with regard + to preventing and mitigating civilian casualties, and + collecting data and reporting on such incidents when they + occur. + (3) Specific measures relating to compliance by Somalia + with section 936(b)(3) of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note), to + include measures to ensure that Somali civilians, including + those without reliable access to the internet, and credible + local or international nongovernmental organizations, can + report civilian harm, including death, injury, or damage to + civilian infrastructure, resulting from United States + operations and partner operations. + (4) Measures to ensure that ex gratia payments and other + assistance are made available as appropriate in accordance with + section 1213 of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92). + (c) Report.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Secretary of Defense, in + coordination with the Secretary of State, shall submit to the + appropriate congressional committees a report on the measures + that have been taken to implement the program required by + subsection (a). + (2) Form.--The report required by this subsection shall be + submitted in unclassified form, but may include a classified + annex. + (d) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services and the + Committee on Foreign Affairs of the House of + Representatives; and + (B) the Committee on Armed Services and the + Committee on Foreign Relations of the Senate. + (2) Operational support.--The term ``operational support'' + means training, advising, commanding, coordinating, + participating in the movement of, or accompanying Somali Army + or AMISOM forces, providing such forces with medevac or other + medical aid, aerial refueling, intelligence, surveillance, or + reconnaissance, or close air support for operations. + +SEC. 1287. SENSE OF CONGRESS REGARDING JAPAN AND SMA REPORT DRAFT. + + (a) Sense of Congress.--It is the Sense of Congress that-- + (1) the United States greatly values its alliance with the + Government of Japan, based on shared values of democracy, the + rule of law, a rules-based international order, and respect for + human rights; + (2) the United States-Japan alliance has been the + cornerstone of peace, stability, and security in the Indo- + Pacific for more than seven decades; + (3) the United States and Japan are indispensable partners + in addressing global challenges, including combating the + proliferation of weapons of mass destruction, preventing + piracy, assisting the victims of conflict and disaster + worldwide, safeguarding maritime security, and ensuring freedom + of navigation, commerce, and overflight in the Indo-Pacific + region; + (4) the Democratic People's Republic of Korea's (DPRK) + nuclear, chemical, and biological weapons programs and + ballistic missile programs pose a critical threat to the + stability of the Indo-Pacific region and to the security of + Japan; + (5) the People's Republic of China's use of military forces + to challenge territory under Japan's administrative control + violate international norms and thereby threaten regional + stability. + (6) the United States reaffirms its commitment to Article V + of the Treaty of Mutual Cooperation and Security between the + United States of America and Japan, which applies to the + Japanese-administered Senkaku Islands; + (7) United States forces forward-deployed in Japan, + consisting of 54,000 United States forces, United States + Seventh Fleet, the only forward-deployed United States aircraft + carrier, and the United States Marine Corps' III Marine + Expeditionary Force, are essential to sustaining United States + national security and regional peace and stability; + (8) the United States and Japan should continue to deepen + defense cooperation to enhance collective defense and regional + security; + (9) Japan makes significant contributions to regional and + global security, including contributions to regional Ballistic + Missile Defense, conducting bilateral presence operations and + mutual asset protection missions with United States forces, + serving as a capacity building contributor to United Nations + peacekeeping operations, and providing critical support to + United Nations Security Council Resolution enforcement + operations against the DPRK's illicit weapons programs; + (10) the United States recognizes the substantial financial + commitments of Japan to the maintenance of United States forces + in Japan, including contributions of approximately + $2,000,000,000 annually under the Special Measures Agreement, + $187,000,000 annually under the Japan Facilities Improvement + Program, $12,100,000,000 for the Futenma Replacement Facility, + and $4,800,000,000 for Marine Corps Air Station Iwakuni, that + directly support operational readiness of United States forces + in Japan and make Japan among the most significant burden- + sharing partners of the United States; and + (11) it is in the national security interest of the United + States that the United States and Japan conclude a new Special + Measures Agreement, negotiated based on the principles of + mutual respect, equity, and our shared national security + interests, prior to the expiration of the current agreement. + (b) Report.-- + (1) In general.--Not later than January 1, 2021, the + Secretary of Defense, in consultation with the Secretary of + State, shall provide a report on the costs most directly + associated with the stationing of United States forces in Japan + to the congressional defense committees, the House Committee on + Foreign Affairs, and the Senate Committee on Foreign Relations. + At a minimum, the report shall include-- + (A) a description of each category of costs, + including labor, utilities, training relocation, and + any other categories the Secretary determines to be + appropriate, that are most directly associated with the + stationing of United States forces in Japan; + (B) a detailed description of which costs most + directly associated with the stationing of United + States forces in Japan are incurred in Japan and which + such costs are incurred outside of Japan; + (C) a detailed summary of contributions made by the + Government of Japan that allay the costs to United + States of stationing United States forces in Japan; + (D) the benefits to United States national security + and regional security derived from the forward presence + of United States Armed Forces in Japan; + (E) the impact to the national security of the + United States, the security of Japan, and peace and + stability in the Indo-Pacific region if a new Special + Measures Agreement is not reached before March 31, + 2021; and + (F) any other matters the Secretary deems + appropriate to include. + (2) Form.--The report shall be unclassified without any + designation relating to dissemination control, but may include + a classified annex. + +SEC. 1288. SENSE OF CONGRESS RELATING TO GRAND ETHIOPIAN RENAISSANCE + DAM. + + It is the sense of Congress that it is in the best interests of the +stability of the region for Egypt, Ethiopia, and Sudan to immediately +reach a just and equitable agreement regarding the filling and +operation of the Grand Ethiopian Renaissance Dam. + +SEC. 1289. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON FOREIGN + GOVERNMENTS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the President, in consultation with the +Secretary of State, the Secretary of the Treasury, the Secretary of +Commerce, the Administrator of the United States Agency for +International Development, the United States Ambassador to the United +Nations, and relevant nongovernmental organizations, shall submit to +the appropriate congressional committees a report on all comprehensive +sanctions imposed on governments of foreign countries under any +provision of law. + (b) Matters To Be Included.--The report required by subsection (a) +shall include-- + (1) an assessment of the effect of sanctions imposed on the + government of each foreign country described in subsection (a) + on-- + (A) the ability of civilian population of the + country to access water, sanitation, and public health + services; + (B) the changes to the general mortality rate, + maternal mortality rate, life expectancy, and literacy; + (C) the environmental impacts experienced by the + country that may be associated with the sanctions, to + include fossil fuel usage; + (D) the delivery of economic aid and development + projects in the country; + (E) the extent to which there is an increase in + refugees or migration to or from the country or an + increase in internally displaced people in the country; + (F) the economic, political, and military impacts + on the country; + (G) the reactions of the country to the imposed + sanctions, including policy changes and internal + sentiment; + (H) the degree of international compliance and non- + compliance of the country; and + (I) the licensing of transactions to allow access + to essential goods and services to vulnerable + populations, including women, children, elderly + individuals, and individuals with disabilities; and + (2) a description of the purpose of sanctions imposed on + the government of each foreign country described in subsection + (a) and the required legal or political authority, including-- + (A) an assessment of United States national + security; + (B) an assessment of whether the stated foreign + policy goals of the sanctions are being met; + (C) the degree of international support or + opposition that can be anticipated; + (D) an assessment of such sanctions on United + States businesses and consumers; + (E) criteria for lifting the sanctions; and + (F) prospects for commitment to enforcing the + sanctions. + (c) Updates of Report.--The President shall submit to Congress an +updated report under subsection (a)-- + (1) not later than 1 year after the date of the enactment + of this Act, and annually thereafter for 10 years; and + (2) with respect to a new comprehensive sanction imposed on + a government of a foreign country under any provision of law, + not later than 180 days after the date on which the sanctions + are imposed on the government. + (d) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may contain a classified annex. The +unclassified portion of the report shall be published on a publicly- +available website of the Government of the United States. + (e) Review by Congress.--Upon receipt of the report required by +subsection (a), Congress shall examine the report with a focus on the +humanitarian impacts of comprehensive sanctions described in the +report, including with respect to human rights, medical services, food +and malnutrition and access to water, sanitation, and hygiene services. + (f) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs, the Committee + on Financial Services, and the Committee on Ways and + Means of the House of Representatives; and + (B) the Committee on Foreign Relations, the + Committee on Banking, Housing, and Urban Affairs, and + the Committee on Finance of the Senate. + (2) Comprehensive sanction.--The term ``comprehensive + sanctions'' means any prohibition on significant commercial and + financial activity with a foreign government that is imposed by + the United States for reasons of foreign policy or national + security. + +SEC. 1290. LIMITATION ON ASSISTANCE TO BRAZIL. + + No Federal funds may be obligated or expended to provide any United +States security assistance or security cooperation to the defense, +security, or police forces of the Government of Brazil to involuntarily +relocate, including through coercion or the use of force, the +indigenous or Quilombola communities in Brazil. + +SEC. 1291. UNITED STATES AGENCY FOR GLOBAL MEDIA. + + (a) Short Title.--This section may be cited as the ``U.S. Agency +for Global Media Reform Act''. + (b) Sense of Congress.--It is the sense of Congress that the Office +of Cuba Broadcasting should-- + (1) remain an independent entity of the United States + Agency for Global Media; and + (2) continue taking steps to ensure that the Office is + fulfilling its core mission of promoting freedom and democracy + by providing the people of Cuba with objective news and + information programming. + (c) Authorities of the Chief Executive Officer; Limitation on +Corporate Leadership of Grantees.--Section 305 of the United States +International Broadcasting Act of 1994 (22 U.S.C. 6204) is amended-- + (1) in subsection (a)-- + (A) in paragraph (20), by inserting ``in accordance + with subsection (c)'' before the period at the end; + (B) in paragraph (21)-- + (i) by striking ``including with Federal + officials,''; and + (ii) by inserting ``in accordance with + subsection (c)'' before the period at the end; + (C) by adding at the end the following new + paragraph: + ``(23) To-- + ``(A) require semi-annual content reviews of each + language service of each surrogate network, consisting + of a review of at least 10 percent of available weekly + content, by fluent language speakers and experts + without direct affiliation to the language service + being reviewed, who are seeking any evidence of + inappropriate or unprofessional content, which shall be + submitted to the Office of Policy Research, the head + and Board of the respective surrogate service, and the + Chief Executive Officer; and + ``(B) submit to the appropriate congressional + committees a list of anomalous reports, including + status updates on anomalous services during the 3-year + period commencing on the date of receipt of the first + report of biased, unprofessional, or otherwise + problematic content.''; + (2) by adding at the end the following new subsection: + ``(c) Limitation on Corporate Leadership of Grantees.-- + ``(1) In general.--The Chief Executive Officer may not + award any grant under subsection (a) to RFE/RL, Inc., Radio + Free Asia, the Middle East Broadcasting Networks, the Open + Technology Fund, or any other grantee authorized under this + title (collectively referred to as `Agency Grantee Networks') + unless the incorporation documents of any such grantee require + that the corporate leadership and Board of Directors of such + grantee be selected in accordance with this Act. + ``(2) Conflicts of interest.-- + ``(A) Chief executive officer.--The Chief Executive + Officer may not serve on any of the corporate boards of + any grantee under subsection (a). + ``(B) Federal employees.--A full-time employee of a + Federal agency may not serve on a corporate board of + any grantee under subsection (a). + ``(3) Qualifications of grantee board members.--Individuals + appointed under subsection (a) to the Board of Directors of any + of the Agency Grantee Networks shall have requisite expertise + in journalism, technology, broadcasting, or diplomacy, or + appropriate language or cultural understanding relevant to the + grantee's mission.''. + (d) International Broadcasting Advisory Board.--Section 306 of the +United States International Broadcasting Act of 1994 (22 U.S.C. 6205) +is amended-- + (1) by striking subsections (a) through (c) and inserting + the following: + ``(a) In General.--The International Broadcasting Advisory Board +(referred to in this section as the `Advisory Board') shall advise the +Chief Executive Officer of the United States Agency for Global Media, +as appropriate. The Advisory Board as established shall exist within +the executive branch as an entity described in section 104 of title 5, +United States Code. + ``(b) Composition of the Advisory Board.-- + ``(1) In general.--The Advisory Board shall consist of + seven members, of whom-- + ``(A) six shall be appointed by the President, by + and with the advice and consent of the Senate, in + accordance with subsection (c); and + ``(B) one shall be the Secretary of State. + ``(2) Chair.--The President shall designate, with the + advice and consent of the Senate, one of the members appointed + under paragraph (1)(A) as Chair of the Advisory Board. + ``(3) Party limitation.--Not more than three members of the + Advisory Board appointed under paragraph (1)(A) may be + affiliated with the same political party. + ``(4) Terms of office.-- + ``(A) In general.--Except as provided in + subparagraph (B), members of the Advisory Board shall + serve for a single term of 4 years, except that, of the + first group of members appointed under paragraph + (1)(A)-- + ``(i) two members who are not affiliated + with the same political party, shall be + appointed for terms ending on the date that is + 2 years after the date of the enactment of the + U.S. Agency for Global Media Reform Act; + ``(ii) two members who are not affiliated + with the same political party, shall be + appointed for terms ending on the date that is + 4 years after the date of the enactment of the + U.S. Agency for Global Media Reform Act; and + ``(iii) two members who are not affiliated + with the same political party, shall be + appointed for terms ending on the date that is + 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 continue to serve as a member of the + Advisory Board until a qualified successor has been + appointed and confirmed by the Senate. + ``(D) Secretary of state.--When there is a vacancy + in the office of Secretary of State, the Acting + Secretary of State shall serve as a member of the + Advisory Board until a new Secretary of State is + appointed.''; + (2) by redesignating subsection (d) as subsection (c); + (3) by amending subsection (c), as redesignated-- + (A) in the subsection heading, by inserting + ``Advisory'' before ``Board''; and + (B) in paragraph (2), by inserting ``who are'' + before ``distinguished''; and + (4) by striking subsections (e) and (f) and inserting the + following new subsections: + ``(d) Functions of the Advisory Board.--The members of the Advisory +Board shall-- + ``(1) provide the Chief Executive Officer of the United + States Agency for Global Media with advice and recommendations + for improving the effectiveness and efficiency of the Agency + and its programming; + ``(2) meet with the Chief Executive Officer at least four + times annually, including twice in person as practicable, and + at additional meetings at the request of the Chief Executive + Officer or the Chair of the Advisory Board; + ``(3) report periodically, or upon request, to the + congressional committees specified in subsection (c)(2) + regarding its advice and recommendations for improving the + effectiveness and efficiency of the United States Agency for + Global Media and its programming; + ``(4) obtain information from the Chief Executive Officer, + as needed, for the purposes of fulfilling the functions + described in this subsection; + ``(5) consult with the Chief Executive Officer regarding + budget submissions and strategic plans before they are + submitted to the Office of Management and Budget or to + Congress; + ``(6) advise the Chief Executive Officer to ensure that-- + ``(A) the Chief Executive Officer fully respects + the professional integrity and editorial independence + of United States Agency for Global Media broadcasters, + networks, and grantees; and + ``(B) agency networks, broadcasters, and grantees + adhere to the highest professional standards and ethics + of journalism, including taking necessary actions to + uphold professional standards to produce consistently + reliable and authoritative, accurate, objective, and + comprehensive news and information; and + ``(7) provide other strategic input to the Chief Executive + Officer. + ``(e) Appointment of Heads of Networks.-- + ``(1) In general.--The heads of Voice of America, the + Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the + Middle East Broadcasting Networks, the Open Technology Fund, or + of any other grantee authorized under this title may only be + appointed or removed if such action has been approved by a + majority vote of the Advisory Board. + ``(2) Removal.--After consulting with the Chief Executive + Officer, five or more members of the Advisory Board may + unilaterally remove any such head of network or grantee network + described in paragraph (1). + ``(3) Quorum.-- + ``(A) In general.--A quorum shall consist of four + members of the Advisory Board (excluding the Secretary + of State). + ``(B) Decisions.--Except as provided in paragraph + (2), decisions of the Advisory Board shall be made by + majority vote, a quorum being present. + ``(C) Closed sessions.--The Advisory Board may meet + in closed sessions in accordance with section 552b of + title 5, United States Code. + ``(f) Compensation.-- + ``(1) In general.--Members of the Advisory Board, while + attending meetings of the Advisory Board or while engaged in + duties relating to such meetings or in other activities of the + Advisory Board under this section (including travel time) shall + be entitled to receive compensation equal to the daily + equivalent of the compensation prescribed for level IV of the + Executive Schedule under section 5315 of title 5, United States + Code. + ``(2) Travel expenses.--While away from their homes or + regular places of business, members of the Board may be allowed + travel expenses, including per diem in lieu of subsistence, as + authorized under section 5703 of such title for persons in the + Government service employed intermittently. + ``(3) Secretary of state.--The Secretary of State is not + entitled to any compensation under this title, but may be + allowed travel expenses in accordance with paragraph (2). + ``(g) Support Staff.--The Chief Executive Officer shall, from +within existing United States Agency for Global Media personnel, +provide the Advisory Board with an Executive Secretary and such +administrative staff and support as may be necessary to enable the +Advisory Board to carry out subsections (d) and (e).''. + (e) Conforming Amendments.--The United States International +Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended-- + (1) in section 304-- + (A) in the section heading, by striking + ``broadcasting board of governors'' and inserting + ``united states agency for global media''; + (B) in subsection (a), by striking ``Broadcasting + Board of Governors'' and inserting ``United States + Agency for Global Media''; + (C) in subsection (b)(1), by striking + ``Broadcasting Board of Governors'' and inserting + ``United States Agency for Global Media''; and + (D) in subsection (c), by striking ``Board'' each + place such term appears and inserting ``Agency''; + (2) in section 305-- + (A) in subsection (a)-- + (i) in paragraph (6), by striking ``Board'' + and inserting ``Agency''; + (ii) in paragraph (13), by striking + ``Board'' and inserting ``Agency''; + (iii) in paragraph (20), by striking + ``Board'' and inserting ``Agency''; and + (iv) in paragraph (22), by striking + ``Board'' and inserting ``Agency''; + (B) in subsection (b), by striking ``Board'' each + place such term appears and inserting ``Agency''; + (3) in section 308-- + (A) in subsection (a), in the matter preceding + paragraph (1), by striking ``Board'' and inserting + ``Agency''; + (B) in subsection (b), by striking ``Board'' each + place such term appears and inserting ``Agency''; + (C) in subsection (d), by striking ``Board'' and + inserting ``Agency''; + (D) in subsection (g), by striking ``Board'' each + place such term appears and inserting ``Agency''; + (E) in subsection (h)(5), by striking ``Board'' and + inserting ``Agency''; and + (F) in subsection (i), in the first sentence, by + striking ``Board'' and inserting ``Agency''; + (4) in section 309-- + (A) in subsection (c)(1), by striking ``Board'' + each place such term appears and inserting ``Agency''; + (B) in subsection (e), in the matter preceding + paragraph (1), by striking ``Board'' and inserting + ``Agency''; + (C) in subsection (f), by striking ``Board'' each + place such term appears and inserting ``Agency''; and + (D) in subsection (g), by striking ``Board'' and + inserting ``Agency''; + (5) in section 310(d), by striking ``Board'' and inserting + ``Agency''; + (6) in section 310A(a), by striking ``Broadcasting Board of + Governors'' and inserting ``United States Agency for Global + Media''; + (7) in section 310B, by striking ``Board'' and inserting + ``Agency''; + (8) by striking section 312; + (9) in section 313(a), in the matter preceding paragraph + (1), by striking ``Board'' and inserting ``Agency''; + (10) in section 314-- + (A) by striking ``(4) the terms `Board and Chief + Executive Officer of the Board' means the Broadcasting + Board of Governors'' and inserting the following: + ``(2) the terms `Agency' and `Chief Executive Officer of + the Agency' mean the United States Agency for Global Media and + the Chief Executive Officer of the United States Agency for + Global Media, respectively,''; and + (B) in paragraph (3)-- + (i) by striking ``includes--'' and + inserting ``means the corporation having the + corporate title described in section 308''; and + (ii) by striking subparagraphs (A) and (B); + and + (11) in section 316-- + (A) in subsection (a)(1), by striking + ``Broadcasting Board of Governors'' and inserting + ``United States Agency for Global Media''; and + (B) in subsection (c), by striking ``Broadcasting + Board of Governors'' and inserting ``United States + Agency for Global Media''. + (f) Rulemaking.--Notwithstanding any other provision of law, the +United States Agency for Global Media may not revise part 531 of title +22, Code of Federal Regulations, which took effect on June 11, 2020, +without explicit authorization by an Act of Congress. + (g) Savings Provisions.--Section 310 of the United States +International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended by +adding at the end the following new subsections: + ``(f) Maintenance of Proprietary Information.--No consolidation of +grantees authorized under subsection (a) involving any grantee shall +result in any legal transfer of ownership of any proprietary +information or intellectual property to the United State Agency for +Global Media or any other Federal entity. + ``(g) Rule of Construction.--No consolidation of grantees +authorized under subsection (a) shall result in the consolidation of +the Open Technology Fund or any successor entity with any other +grantee.''. + (h) Rule of Construction.--Nothing in the United States +International Broadcasting Act of 1994 or any other provision of law +may be construed to make the Open Technology Fund an entity authorized +under such Act until the effective date of legislation authorizing the +establishment of the Open Technology Fund. + +SEC. 1292. DETERMINATION AND IMPOSITION OF SANCTIONS WITH RESPECT TO + TURKEY'S ACQUISITION OF THE S-400 AIR AND MISSILE DEFENSE + SYSTEM. + + (a) Findings and Sense of Congress.-- + (1) Findings.--Congress makes the following findings: + (A) The Government of Turkey acquired the S-400 air + and missile defense system from the Russian Federation + beginning on July 12, 2019. + (B) Such acquisition was facilitated by Turkey's + Presidency of Defense Industries (SSB). + (2) Sense of congress.--It is the sense of Congress that it + is in the national security interest of the United States-- + (A) to deter aggression against North Atlantic + Treaty Organization (NATO) allies by the Russian + Federation or any other adversary; + (B) to continue to work with NATO allies to ensure + they meet their alliance defense commitments, including + through adequate and efficient investments in national + defense; + (C) to work to maintain and strengthen the + democratic institutions and practices of all NATO + allies, in accordance with the goals of Article 2 of + the North Atlantic Treaty; + (D) to ensure that Turkey remains a critical NATO + ally and important military partner for the United + States, contributing to key NATO and United States + missions and providing support for United States + military operations and logistics needs; + (E) to assist NATO allies in acquiring and + deploying modern, NATO-interoperable military equipment + and reducing their dependence on Russian or former + Soviet-era defense articles; + (F) to promote opportunities to strengthen the + capacity of NATO member states to counter Russian + malign influence; and + (G) to enforce fully the Countering America's + Adversaries Through Sanctions Act (Public Law 115-44; + 22 U.S.C. 9401 et seq.), including by imposing + sanctions with respect to any person that the President + determines knowingly engaged in a significant + transaction with a person that is part of, or operates + for or on behalf of, the defense or intelligence + sectors of the Government of the Russian Federation, as + described in section 231 of that Act. + (b) Determination.--The acquisition by the Government of Turkey of +the S-400 air and missile defense system from the Russian Federation +beginning on July 12, 2019, shall constitute a significant transaction +as described in section 231 of the Countering America's Adversaries +Through Sanctions Act (22 U.S.C. 9525). + (c) Sanctions.--Not later than 30 days after the date of the +enactment of this Act, the President shall impose five or more of the +sanctions described in section 235 of the Countering America's +Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to the +Government of Turkey's acquisition of the S-400 air and missile defense +system from the Russian Federation. + (d) Exception Relating to Importation of Goods.-- + (1) In general.--Notwithstanding any other provision of + this section, the authorities and requirements to impose + sanctions under this section shall not include the authority or + a requirement to impose sanctions on the importation of goods. + (2) Good defined.--In this subsection, the term ``good'' + means any article, natural or man-made substance, material, + supply or manufactured product, including inspection and test + equipment, and excluding technical data. + (e) Termination.--The President may terminate the imposition of +sanctions required under this section with respect to a person if the +President submits to the appropriate congressional committees a +certification that-- + (1) the Government of Turkey and any person acting on its + behalf no longer possesses the S-400 air and missile defense + system and no such system or successor system is operated or + maintained by Russian nationals, or persons acting on behalf of + the Government of the Russian Federation, in Turkey; and + (2) the President has received reliable assurances from the + Government of Turkey that the Government of Turkey will not + knowingly engage, or allow any foreign person to engage on its + behalf, in any activity subject to sanctions under section 231 + of the Countering America's Adversaries Through Sanctions Act + in the future. + +SEC. 1293. REPORT ON INCIDENTS OF ARBITRARY DETENTION, VIOLENCE, AND + STATE-SANCTIONED HARASSMENT BY THE GOVERNMENT OF EGYPT + AGAINST UNITED STATES CITIZENS AND THEIR FAMILY MEMBERS + WHO ARE NOT UNITED STATES CITIZENS. + + (a) In General.--Not later than 60 days after the date of the +enactment of this Act, the Secretary of State, in consultation with the +Secretary of Defense, shall submit to the appropriate congressional +committees a report on incidents of arbitrary detention, violence, and +state-sanctioned harassment by the Government of Egypt against United +States citizens and their family members who are not United States +citizens, in both Egypt and in the United States. + (b) Matters To Be Included.--The report required by subsection (a) +shall include the following: + (1) A detailed description of such incidents in the past + three years. + (2) A certification of whether such incidents constitute a + ``pattern of acts of intimidation or harassment'' for purposes + of a Presidential determination in accordance with section 6 of + the Arms Export Control Act (22 U.S.C. 2756). + (3) A statement of the Secretary of State's intent with + regard to cancelling or suspending any letters of offer, + credits, guarantees, or export licenses accorded to the + Government of Egypt in accordance with the provisions of + section 6 of such Act. + (4) Any other actions taken to meaningfully deter incidents + of intimidation or harassment against Americans and their + families by such government's security agencies. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but the portions of the report described in +paragraphs (2), (3), and (4) of subsection (b) may contain a classified +annex, so long as such annex is provided separately from the +unclassified report. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs and the Committee on + Armed Services of the House of Representatives; and + (2) the Committee on Foreign Relations and the Committee on + Armed Services of the Senate. + +SEC. 1294. ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND. + + (a) Sense of Congress.--It is the sense of Congress that it is in +the interest of the United States to promote global internet freedom by +countering internet censorship and repressive surveillance and protect +the internet as a platform for the free exchange of ideas, promotion of +human rights and democracy, and advancement of a free press and to +support efforts that prevent the deliberate misuse of the internet to +repress individuals from exercising their rights to free speech and +association, including countering the use of such technologies by +authoritarian regimes. + (b) Establishment.--The United States International Broadcasting +Act of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after +section 309 the following new section: + +``SEC. 309A. OPEN TECHNOLOGY FUND. + + ``(a) Authority.-- + ``(1) In general.--Grants authorized under section 305 + shall be available to make annual grants for the purpose of + promoting, consistent with United States law, unrestricted + access to uncensored sources of information via the internet to + enable journalists, including journalists employed by or + affiliated with the Voice of America, Radio Free Europe/Radio + Liberty, Radio Free Asia, the Middle East Broadcasting + Networks, the Office of Cuba Broadcasting, or any entity funded + by or partnering with the United States Agency for Global + Media, to create and disseminate, and for their audiences to + receive, news and information consistent with the purposes, + standards, and principles specified in sections 302 and 303. + ``(2) Establishment.--There is established a grantee entity + to be known as the `Open Technology Fund', which shall carry + out the provisions of this section. + ``(b) Functions of the Grantee.--In furtherance of the mission set +forth in subsection (a), the Open Technology Fund shall seek to advance +freedom of the press and unrestricted access to the internet in +repressive environments oversees, and shall-- + ``(1) research, develop, implement, and maintain-- + ``(A) technologies that circumvent techniques used + by authoritarian governments, nonstate actors, and + others to block or censor access to the internet, + including circumvention tools that bypass internet + blocking, filtering, and other censorship techniques + used to limit or block legitimate access to content and + information; and + ``(B) secure communication tools and other forms of + privacy and security technology that facilitate the + creation and distribution of news and enable audiences + to access media content on censored websites; + ``(2) advance internet freedom by supporting private and + public sector research, development, implementation, and + maintenance of technologies that provide secure and uncensored + access to the internet to counter attempts by authoritarian + governments, nonstate actors, and others to improperly restrict + freedom online; + ``(3) research and analyze emerging technical threats and + develop innovative solutions through collaboration with the + private and public sectors to maintain the technological + advantage of the United States Government over authoritarian + governments, nonstate actors, and others; + ``(4) develop, acquire, and distribute requisite internet + freedom technologies and techniques for the United States + Agency for Global Media, including as set forth in paragraph + (1), and digital security interventions, to fully enable the + creation and distribution of digital content between and to all + users and regional audiences; + ``(5) prioritize programs for countries the governments of + which restrict freedom of expression on the internet, and that + are important to the national interest of the United States, + and are consistent with section 7050(b)(2)(C) of the Further + Consolidated Appropriations Act, 2020 (Public Law 116-94); and + ``(6) carry out any other effort consistent with the + purposes of this Act or press freedom overseas if requested or + approved by the United States Agency for Global Media. + ``(c) Methodology.--In carrying out subsection (b), the Open +Technology Fund shall-- + ``(1) support fully open-source tools, code, and + components, to the extent practicable, to ensure such supported + tools and technologies are as secure, transparent, and + accessible as possible, and require that any such tools, + components, code, or technology supported by the Open + Technology Fund remain fully open-source, to the extent + practicable; + ``(2) support technologies that undergo comprehensive + security audits to ensure that such technologies are secure and + have not been compromised in a manner detrimental to the + interest of the United States or to individuals and + organizations benefitting from programs supported by the Open + Technology Fund; + ``(3) review and update periodically as necessary security + auditing procedures used by the Open Technology Fund to reflect + current industry security standards; + ``(4) establish safeguards to mitigate the use of such + supported technologies for illicit purposes; + ``(5) solicit project proposals through an open, + transparent, and competitive application process to attract + innovative applications and reduce barriers to entry; + ``(6) seek input from technical, regional, and subject + matter experts from a wide range of relevant disciplines, to + review, provide feedback, and evaluate proposals to ensure the + most competitive projects are funded; + ``(7) implement an independent review process, through + which proposals are reviewed by such experts to ensure the + highest degree of technical review and due diligence; + ``(8) maximize cooperation with the public and private + sectors, as well as foreign allies and partner countries, to + maximize efficiencies and eliminate duplication of efforts; and + ``(9) utilize any other methodology approved by the United + States Agency for Global Media in furtherance of the mission of + the Open Technology Fund. + ``(d) Grant Agreement.--Any grant agreement with or grants made to +the Open Technology Fund under this section shall be subject to the +following limitations and restrictions: + ``(1) The headquarters of the Open Technology Fund and its + senior administrative and managerial staff shall be located in + a location which ensures economy, operational effectiveness, + and accountability to the United States Agency for Global + Media. + ``(2) Grants awarded under this section shall be made + pursuant to a grant agreement which requires that grant funds + be used only for activities consistent with this section, and + that failure to comply with such requirements shall permit the + grant to be terminated without fiscal obligation to the United + States. + ``(3) Any grant agreement under this section shall require + that any contract entered into by the Open Technology Fund + shall specify that all obligations are assumed by the grantee + and not by the United States Government. + ``(4) Any grant agreement under this section shall require + that any lease agreements entered into by the Open Technology + Fund shall be, to the maximum extent possible, assignable to + the United States Government. + ``(5) Administrative and managerial costs for operation of + the Open Technology Fund should be kept to a minimum and, to + the maximum extent feasible, should not exceed the costs that + would have been incurred if the Open Technology Fund had been + operated as a Federal entity rather than as a grantee. + ``(6) Grant funds may not be used for any activity the + purpose of which is influencing the passage or defeat of + legislation considered by Congress. + ``(e) Relationship to the United States Agency for Global Media.-- + ``(1) In general.--The Open Technology Fund shall be + subject to the same oversight and governance by the United + States Agency for Global Media as other grantees of the Agency + as set forth in section 305. + ``(2) Assistance.--The United States Agency for Global + Media, its broadcast entities, and the Open Technology Fund + should render assistance to each other as may be necessary to + carry out the purposes of this section or any other provision + of this Act. + ``(3) Not a federal agency or instrumentality.--Nothing in + this section may be construed to make the Open Technology Fund + a Federal agency or instrumentality. + ``(4) Detailees.--Under the Intergovernmental Personnel + Act, employees of a grantee of the United States Agency for + Global Media may be detailed to the Agency, and Federal + employees may be detailed to a grantee of the United States + Agency for Global Media. + ``(f) Relationship to Other United States Government-Funded +Internet Freedom Programs.--The United States Agency for Global Media +shall ensure that internet freedom research and development projects of +the Open Technology Fund are coordinated with internet freedom programs +of the Department of State and other relevant United States Government +departments, in order to share information and best-practices relating +to the implementation of subsections (b) and (c). + ``(g) Reporting Requirements.-- + ``(1) Annual report.--The Open Technology Fund shall + highlight, in its annual report, internet freedom activities, + including a comprehensive assessment of the Open Technology + Fund's activities relating to the implementation of subsections + (b) and (c). Each such report shall include the following: + ``(A) An assessment of the current state of global + internet freedom, including trends in censorship and + surveillance technologies and internet shutdowns, and + the threats such pose to journalists, citizens, and + human rights and civil-society organizations. + ``(B) A description of the technology projects + supported by the Open Technology Fund and the + associated impact of such projects in the prior year, + including the countries and regions in which such + technologies were deployed, and any associated metrics + indicating audience usage of such technologies, as well + as future-year technology project initiatives. + ``(2) Assessment of the effectiveness of the open + technology fund.--Not later than 2 years after the date of the + enactment of this section, the Inspector General of the + Department of State and the Foreign Service shall submit to the + appropriate congressional committees a report on the following: + ``(A) Whether the Open Technology Fund is + technically sound and cost effective. + ``(B) Whether the Open Technology Fund is + satisfying the requirements of this section. + ``(C) The extent to which the interests of the + United States are being served by maintaining the work + of the Open Technology Fund. + ``(h) Audit Authorities.-- + ``(1) In general.--Financial transactions of the Open + Technology Fund, as such relate to functions carried out under + this section, may be audited by the Government Accountability + Office in accordance with such principles and procedures and + under such rules and regulations as may be prescribed by the + Comptroller General of the United States. Any such audit shall + be conducted at the place or places at which accounts of the + Open Technology Fund are normally kept. + ``(2) Access by gao.--The Government Accountability Office + shall have access to all books, accounts, records, reports, + files, papers, and property belonging to or in use by the Open + Technology Fund pertaining to financial transactions as may be + necessary to facilitate an audit. The Government Accountability + Office shall be afforded full facilities for verifying + transactions with any assets held by depositories, fiscal + agents, and custodians. All such books, accounts, records, + reports, files, papers, and property of the Open Technology + Fund shall remain in the possession and custody of the Open + Technology Fund. + ``(3) Exercise of authorities.--Notwithstanding any other + provision of law, the Inspector General of the Department of + State and the Foreign Service is authorized to exercise the + authorities of the Inspector General Act of 1978 with respect + to the Open Technology Fund.''. + (c) Conforming Amendments.--The United States International +Broadcasting Act of 1994 is amended-- + (1) in section 304(d) (22 U.S.C. 6203(d)), by inserting + ``the Open Technology Fund,'' before ``the Middle East + Broadcasting Networks''; + (2) in sections 305 and 310 (22 U.S.C. 6204 and 6209), by + inserting ``the Open Technology Fund,'' before ``or the Middle + East Broadcasting Networks'' each place such term appears; and + (3) in section 310 (22 U.S.C. 6209), by inserting ``the + Open Technology Fund,'' before ``and the Middle East + Broadcasting Networks'' each place such term appears. + (d) Authorization of Appropriations.--There is authorized to be +appropriated for the Open Technology Fund $25,000,000 for fiscal year +2022 to carry out section 309A of the United States International +Broadcasting Act of 1994, as added by subsection (b) of this section. + (e) Effective Date.--Section 309A of the United States +International Broadcasting Act of 1994 (as added by subsection (b) of +this section) and subsections (c) and (d) of this section shall take +effect and apply beginning on July 1, 2021. + +SEC. 1295. SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED BY KUWAIT TO + UNITED STATES MEDICAL INSTITUTIONS. + + (a) Findings.--Congress finds that-- + (1) at least 45 medical institutions in the United States + have provided medical services to citizens of Kuwait; and + (2) despite providing care for their citizens, Kuwait has + not paid amounts owed to such United States medical + institutions for such services in over 2 years. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) Kuwait is an important partner of the United States in + the Middle East and both countries should find ways to address + irritants in the bilateral relationship; + (2) the United States should seek a resolution with Kuwait + regarding the outstanding amounts Kuwait owes to United States + medical institutions for medical services provided to citizens + of Kuwait, especially during the Coronavirus Disease 2019 + (``COVID-19'') pandemic; and + (3) Kuwait should immediately pay such outstanding amounts + owed to such United States medical institutions. + +SEC. 1296. PROTECTION AND PROMOTION OF INTERNATIONALLY RECOGNIZED HUMAN + RIGHTS DURING THE NOVEL CORONAVIRUS PANDEMIC. + + (a) Statement of Policy.--It is the policy of the United States +to-- + (1) encourage the protection and promotion of + internationally recognized human rights at home and abroad at + all times and especially during the novel coronavirus pandemic; + (2) support freedom of expression and freedom of the press + in the United States and elsewhere, which are critical to + ensuring public dissemination of, and access to, accurate + information about the novel coronavirus pandemic, including + information authorities need to enact science-based policies + that limit the spread and impact of the virus, while protecting + human rights; + (3) support multilateral efforts to address the novel + coronavirus pandemic; and + (4) oppose the use of the novel coronavirus pandemic as a + justification for the enactment of laws and policies that use + states of emergency to violate or otherwise restrict the human + rights of citizens, inconsistent with the principles of + limitation and derogation, and without clear scientific or + public health justifications, including the coercive, + arbitrary, disproportionate, or unlawful use of surveillance + technology. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) the United States should lead the international + community in its efforts to respond to the novel coronavirus + pandemic; + (2) the United States, in implementing emergency policies + at home and through its diplomacy, foreign assistance, and + security cooperation, should promote the protection of + internationally recognized human rights during and after the + novel coronavirus pandemic; + (3) foreign assistance and security cooperation provided by + the Department of State, the United States Agency for + International Development (USAID), and the Department of + Defense, whether implemented directly or through + nongovernmental organizations or international organizations, + should-- + (A) support democratic institutions, civil society, + free media, and other internationally recognized human + rights during, and in the aftermath of, the novel + coronavirus pandemic; + (B) ensure attention to countries in which the + government's response to the pandemic violated human + rights and democratic norms; and + (C) incentivize foreign military and security force + units to abide by their human rights obligations, and + in no way contribute to human rights violations; and + (4) in implementing emergency policies in response to the + novel coronavirus pandemic-- + (A) governments should fully respect and comply + with internationally recognized human rights, including + the rights to life, liberty, and security of the + person, the freedoms of movement, religion, speech, + peaceful assembly, association, freedom of expression + and of the press, and the freedom from arbitrary + detention, discrimination, or invasion of privacy; + (B) emergency restrictions or powers that impact + internationally recognized human rights, including the + rights to freedom of assembly, association, and + movement should be-- + (i) grounded in law, narrowly tailored, + proportionate, and necessary to the + government's legitimate goal of ending the + pandemic; + (ii) limited in duration; + (iii) clearly communicated to the + population; + (iv) subject to independent government + oversight; and + (v) implemented in a nondiscriminatory and + fully transparent manner; + (C) governments-- + (i) should not place any limits or other + restrictions on, or criminalize, the free flow + of information; and + (ii) should make all efforts to provide and + maintain open access to the internet and other + communications platforms; + (D) emergency measures should not discriminate + against any segment of the population, including + minorities, vulnerable individuals, and marginalized + groups; + (E) monitoring systems put in place to track and + reduce the impact of the novel coronavirus should, at a + minimum-- + (i) abide by privacy best practices + involving data anonymization and aggregation; + (ii) be administered in an open and + transparent manner; + (iii) be scientifically justified and + necessary to limit the spread of disease; + (iv) be employed for a limited duration of + time in correspondence with the system's public + health objective; + (v) be subject to independent oversight; + (vi) incorporate reasonable data security + measures; and + (vii) be firewalled from other commercial + and governmental uses, such as law enforcement + and the enforcement of immigration policies; + and + (F) governments should take every feasible measure + to protect the administration of free and fair + elections. + (c) Report on Countering Disinformation.--Not later than 60 days +after the date of the enactment of this Act, the Secretary of State, in +coordination with the Secretary of Defense and the heads of other +relevant Federal departments and agencies, shall submit to the +appropriate congressional committees a report on all actions taken by +the United States Government to counter disinformation and disseminate +accurate information abroad related to the novel coronavirus pandemic. + (d) Report on Human Rights.--Not later than 90 days after the date +on which the World Health Organization declares that the novel +coronavirus pandemic has ended, and having consulted with the +appropriate congressional committees, the Secretary of State, in +coordination with the Secretary of Defense, shall submit to the +appropriate congressional committees a report that-- + (1) identifies the countries in which emergency measures or + other legal actions taken in response to the novel coronavirus + pandemic were inconsistent with the principles described in + subsection (b)(4) or otherwise limited internationally + recognized human rights in a manner inconsistent with the + principles of limitation and derogation extended beyond the end + of the novel coronavirus pandemic; + (2) identifies the countries in which such measures or + actions continued beyond the end of the novel coronavirus + pandemic; + (3) for the countries identified pursuant to paragraph (1), + describes such emergency measures, including-- + (A) how such measures violated or seriously + undermined internationally recognized human rights; and + (B) the impact of such measures on-- + (i) the government's efforts and ability to + control the pandemic within the country; + (ii) the population's access to health care + services; + (iii) the population's access to services + for survivors of violence and abuse; + (iv) women and ethnic, religious, sexual, + and other minority, vulnerable, or marginalized + populations; and + (v) military-to-military activities, + exercises, or joint operations, including the + number and type of bilateral and multilateral + military events, cancelled or adjusted, the + type of joint Special Security Agreement or + Security Cooperation activity, and the reason + for cancellation; + (4) describes-- + (A) any surveillance measures implemented or + utilized by the governments of such countries as part + of the novel coronavirus pandemic response; + (B) the extent to which such measures have been, or + have not been, rolled back; and + (C) whether and how such measures impact + internationally recognized human rights; + (5) indicates whether any foreign person or persons within + a country have been determined to have committed gross + violations of internationally recognized human rights during + the novel coronavirus pandemic response, including a + description of any resulting sanctions imposed on such persons + under United States law; and + (6) provides recommendations relating to the steps the + United States Government should take, through diplomacy, + foreign assistance, and security cooperation, to address the + persistent issues related to internationally recognized human + rights in the aftermath of the novel coronavirus pandemic. + (e) Conditioning of Security Sector Assistance.--Section 502B(a)(4) +of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) is +amended-- + (1) in subparagraph (A), by striking ``or'' at the end; + (2) in subparagraph (B), by striking the period at the end + and inserting ``; or''; and + (3) by adding at the end the following: + ``(C) has engaged in the systematic violation of + internationally recognized human rights through the use + of emergency laws, policies, or administrative + procedures.''. + (f) Department of Defense Guidance.--Not later 90 days after the +date of the enactment of this Act, the Secretary of Defense shall issue +guidance that the program of assessment, monitoring, and evaluation in +support of the security cooperation programs and activities maintained +by the Department of Defense in accordance with section 383 of title +10, United States Code, and intelligence collections requirements of +the combatant commands shall include, for the next 5 fiscal years, +indicators of whether partner security forces have taken advantage of +the novel coronavirus pandemic and public health control measures to-- + (1) control, limit, or profit from the distribution or + supply of medical supplies, food, water, and other essential + goods; + (2) undermine civilian and parliamentary control or + oversight of security forces; + (3) limit ability of civilian government authorities to + execute essential functions, including civilian policing, + justice delivery, detentions, or other forms of essential + community-level government service delivery; + (4) expand solicitation of bribes or compensation for use + of or access to key transportation nodes or networks, including + roadways and ports; + (5) take control of media distribution or otherwise limit + the exercise of freedom of the press or distribution of radio, + internet, or other broadcast media; + (6) deepen religious or ethnic favoritism in delivery of + security, justice, or other essential government services; or + (7) otherwise undermine or violate internationally + recognized human rights in any way determined of concern by the + Secretary. + (g) Country Reports on Human Rights Practices.--The Foreign +Assistance Act of 1961 is amended as follows: + (1) In section 116 (22 U.S.C. 2151n), by adding at the end + the following new subsection: + ``(h) Human Rights Violations Due to Misuse of Emergency Powers and +Surveillance Technology.--The report required by subsection (d) shall +include, wherever applicable, a description of any misuse by the +government of any country of any emergency powers or measures, or any +development or proliferation of any surveillance technologies, that +violated or seriously undermined internationally recognized human +rights in a manner inconsistent with the principles of limitation and +derogation, including the following information: + ``(1) Any failure by the government of any country to + clearly articulate the purpose of emergency powers or measures, + or to specify the duration of such powers or measures, or to + notify the United Nations regarding the use of such powers, as + required by applicable treaty. + ``(2) Any failure by the government of any country to abide + by the stated purposes of emergency powers or measures, or to + cease the use of such powers after any specified term expires. + ``(3) Any violations by the government of any country of + non-derogable rights due to the implementation of emergency + powers or measures. + ``(4) Any discriminatory implementation by the government + of any country of emergency powers or measures, the populations + affected, and the impact on such populations. + ``(5) Any development or proliferation of surveillance + technologies, including new or emerging technologies used by + the government of a country in the surveillance of civilian + populations, that-- + ``(A) fail to abide by privacy best practices + involving data anonymization and aggregation; + ``(B) are not administered in an open and + transparent manner; + ``(C) are not subject to independent oversight; and + ``(D) fail to incorporate reasonable data security + measures.''. + (2) In section 502B(b) (22 U.S.C. 2304(b)), by-- + (A) redesignating the second subsection (i) + (relating to child marriage) as subsection (j); and + (B) adding at the end the following new subsection: + ``(k) Human Rights Violations Due to Misuse of Emergency Powers and +Surveillance Technology.--The report required by subsection (b) shall +include, wherever applicable, a description of any misuse by the +government of any country of any emergency powers or measures, or any +development or proliferation of any surveillance technologies, that +violated or seriously undermined internationally recognized human +rights in a manner inconsistent with the principles of limitation and +derogation, including the following information: + ``(1) Any failure by the government of any country to + clearly articulate the purpose of emergency powers or measures, + or to specify the duration of such powers or measures, or to + notify the United Nations regarding the use of such powers, as + required by applicable treaty. + ``(2) Any failure by the government of any country to abide + by the stated purposes of emergency powers or measures, or to + cease the use of such powers after any specified term expires. + ``(3) Any violations by the government of any country of + non-derogable rights due to the implementation of emergency + powers or measures. + ``(4) Any discriminatory implementation by the government + of any country of emergency powers or measures, the populations + affected, and the impact on such populations. + ``(5) Any development or proliferation of surveillance + technologies, including new or emerging technologies used by + the government of a country in the surveillance of civilian + populations, that-- + ``(A) fail to abide by privacy best practices + involving data anonymization and aggregation; + ``(B) are not administered in an open and + transparent manner; + ``(C) are not subject to independent oversight; and + ``(D) fail to incorporate reasonable data security + measures.''. + (h) Definition.--In this section, the term ``appropriate +congressional committees'' means-- + (1) the Committee on Foreign Affairs, the Committee on + Armed Services, and the Committee on Appropriations of the + House of Representatives; and + (2) the Committee on Foreign Relations, the Committee on + Armed Services, and the Committee on Appropriations of the + Senate. + +SEC. 1297. REVIEW OF DEPARTMENT OF DEFENSE COMPLIANCE WITH ``PRINCIPLES + RELATED TO THE PROTECTION OF MEDICAL CARE PROVIDED BY + IMPARTIAL HUMANITARIAN ORGANIZATIONS DURING ARMED + CONFLICTS''. + + (a) Statement of Congress.--Congress-- + (1) affirms the importance of United States leadership in + ensuring global respect and protection for all health care + workers, vehicles and equipment, and health care facilities, + during times of armed conflict or other situations of violence; + (2) deeply regrets that health care workers, vehicles and + equipment, health care facilities, and the sick and wounded are + too often attacked, assaulted or subjected to violence in and + outside of situations of armed conflict, and expresses support + for health care workers around the world providing impartial + care in and outside of armed conflict; + (3) affirms support for the right to freedom of assembly + and rejects the targeting, harming, or endangering of health + care workers, vehicles or equipment, health care facilities, or + the sick and wounded during times of civil protest or unrest; + and + (4) urges the United States Government to strengthen its + global leadership role to protect health care in armed conflict + and other situations of violence, in accordance with the Geneva + Conventions of 1949 and United Nations Security Council + Resolution 2286 of May 3, 2016, through-- + (A) United States diplomatic channels; + (B) appropriately leveraging United States security + cooperation to ensure that United States military + partners protect health care; and + (C) the development of practical guidance for the + United State Armed Forces on protecting health care in + armed conflict and other situations of violence. + (b) Statement of Policy.--It is the policy of the United States-- + (1) to ensure that Department of Defense orders and + military guidance are consistent with international + humanitarian law recognized by the United States as binding by + treaty or custom; and + (2) to encourage United States military partners to + integrate similar measures to protect health care into the + planning and conduct of operations. + (c) Review.-- + (1) In general.--Not later than 60 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the appropriate congressional committees the results + of the review requested on October 3, 2016, by then Secretary + of Defense Ashton Carter, of compliance of all relevant + Department of Defense orders, rules of engagement, directives, + regulations, policies, practices, and procedures, with the + ``Principles Related to the Protection of Medical Care Provided + by Impartial Humanitarian Organizations During Armed + Conflicts''. + (2) If review not completed.--If such review has not been + completed, the Secretary of Defense-- + (A) shall complete the review in accordance with + the original request; and + (B) shall, not later than 120 days after the date + of the enactment of this Act, provide the results of + the review to the appropriate congressional committees. + (3) Matters to be included.--Such review shall include the + following: + (A) A description of the Department of Defense + orders, rules of engagement, directives, regulations, + policies, practices, and procedures that were reviewed, + including checkpoint practices, hospital searches, + precautions concerning attacks on health care + facilities that have lost legal protection, treatment + of the wounded and sick, or any other guidance, and + training or standard operating procedures relating to + the protection of health care during armed conflict. + (B) An identification of any changes or adjustments + to orders, guidance, policies, or procedures that were + made as a result of such review and a description of + such changes or adjustments. + (4) Definition.--In this subsection, the term ``appropriate + congressional committees'' means-- + (A) the Committee on Foreign Affairs and the + Committee on Armed Services of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on Armed Services of the Senate. + +SEC. 1298. PROMOTING HUMAN RIGHTS IN COLOMBIA. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the United States recognizes Colombia as a key regional + partner committed to promoting democracy, human rights, and + security and remains committed to supporting areas of mutual + interest outlined under Plan Colombia; + (2) no military or intelligence equipment or supplies + transferred or sold to the Government of Colombia under United + States security sector assistance programs should be used for + purposes of unlawful surveillance or intelligence gathering + directed at the civilian population, including human rights + defenders, judicial personnel, journalists or the political + opposition; + (3) the United States should encourage accountability + through full and transparent investigation, as appropriate, and + prosecution under applicable law of individuals in Colombia + responsible for conducting unlawful surveillance or + intelligence gathering; and + (4) the United States, through its diplomacy, foreign + assistance, and United States security sector assistance + programs, should consistently and at all times promote the + protection of internationally-recognized human rights in + Colombia, including by incentivizing the Colombian Government, + its military, police, security, and intelligence units, to + abide by their human rights obligations. + (b) Report.-- + (1) In general.--Not later than 120 days after the date of + the enactment of this Act, the Secretary of State, in + coordination with the Secretary of Defense and the Director of + National Intelligence, shall submit to the appropriate + congressional committees a report that assesses allegations + that United States security sector assistance provided to the + Government of Colombia was used by or on behalf of the + Government of Colombia for purposes of unlawful surveillance or + intelligence gathering directed at the civilian population, + including human rights defenders, judicial personnel, + journalists, and the political opposition. + (2) Matters to be included.--The report required by this + subsection shall include the following: + (A) A detailed summary of findings in regard to any + involvement by Colombian military, police, security, or + intelligence units in unlawful surveillance or + intelligence gathering directed at sectors of the + civilian population and non-combatants from 2002 + through 2018. + (B) Any findings in regard to any unlawful + surveillance or intelligence gathering alleged or + reported to have been carried out by Colombian + military, police, security, or intelligence units in + 2019 and 2020 and an assessment of the full extent of + such activities, including identification of units + involved, relevant chains of command, and the nature + and objectives of such surveillance or intelligence + gathering. + (C) A detailed description of any use of United + States security sector assistance for such unlawful + surveillance or intelligence gathering. + (D) Full information on the steps taken by the + Department of State, the Department of Defense, or the + Office of the Director of National Intelligence in + response to any misuse or credible allegations of + misuse of United States security sector assistance, + including-- + (i) any application of section 620M of the + Foreign Assistance Act of 1961 (22 U.S.C. + 2378d) or section 362 of title 10, United + States Code (commonly referred to as the + ``Leahy Laws''); + (ii) any consideration of the + implementation of mandatory ``snap-back'' of + United States security assistance found to have + been employed by the Colombian Government or + any dependency thereof for such unlawful + surveillance or intelligence gathering; and + (iii) a description of measures taken to + ensure that such misuse does not recur in the + future. + (E) Full information on the steps taken by the + Colombian Government and all relevant Colombian + authorities in response to any misuse or credible + allegations of misuse of United States security sector + assistance, including a description of measures taken + to ensure that such misuse of military or intelligence + equipment or supplies does not recur in the future. + (F) An analysis of the adequacy of Colombian + military and security doctrine and training for + ensuring that surveillance and intelligence gathering + operations are conducted in accordance with the + Government of Colombia's international human rights + obligations and any additional assistance and training + that the United States can provide to strengthen + adherence by Colombian military and security forces to + international human rights obligations. + (3) Form.--The report required by this subsection shall be + submitted in unclassified form, but may include a classified + annex. + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs, the Committee + on Armed Services, and the Permanent Select Committee + on Intelligence of the House of Representatives; and + (B) the Committee on Foreign Relations, the + Committee on Armed Services, and the Select Committee + on Intelligence of the Senate. + (2) Intelligence community.--The term ``intelligence + community'' has the meaning given that term in section 3(4) of + the National Security Act of 1947 (50 U.S.C. 3003(4)). + (3) United states security sector assistance.--The term + ``United States security sector assistance'' means a program + authorized under-- + (A) section 502B of the Foreign Assistance Act of + 1961 (22 U.S.C. 2304) and administered by the + Department of State; + (B) section 301 of title 10, United States Code, or + any national defense authorization Act and administered + by the Department of Defense; or + (C) any law administered by the intelligence + community. + (4) Unlawful surveillance or intelligence gathering.--The + term ``unlawful surveillance or intelligence gathering'' means + surveillance or intelligence gathering-- + (A) prohibited under applicable Colombian law or + international law recognized by Colombia; + (B) undertaken without legally required judicial + oversight, warrant or order; or + (C) undertaken in violation of internationally + recognized human rights. + +SEC. 1299. WAIVER OF PASSPORT FEES FOR CERTAIN INDIVIDUALS. + + Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214) is +amended, in the third sentence, by inserting ``from a family member of +a member of the uniformed services proceeding abroad whose travel and +transportation is provided under section 481h of title 37, United +States Code;'' after ``funeral or memorial service for such member;''. + +SEC. 1299A. REPORT ON VENEZUELA. + + (a) Report Required.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of State and the Secretary of +Defense shall submit to the appropriate congressional committees a +report regarding the political, economic, health, and humanitarian +crisis in Venezuela, and its implications for United States national +security and regional security and stability. + (b) Elements of Report.--The report required by subsection (a) +shall include, at a minimum, the following: + (1) An assessment of how the multifaceted crisis in + Venezuela and the resulting migration of millions of citizens + from Venezuela to neighboring countries, including Brazil, + Colombia, Ecuador, and Peru, affects regional security and + stability. + (2) An assessment of whether, and to what degree, the + situation in Venezuela has affected drug trafficking trends in + the region, including by creating a more permissive environment + in Venezuela for drug trafficking organizations and other + criminal actors to operate. + (3) An assessment of the influence of external actors in + Venezuela, including the Government of the People's Republic of + China, the Government of Cuba, the Government of Iran, and the + Government of the Russian Federation. + (4) An assessment of how, and to what degree, the COVID-19 + pandemic in Venezuela has affected, or is likely to affect, the + health and humanitarian situation in Venezuela and regional + security and stability. + (5) Any other matters the Secretary of State or Secretary + of Defense determines should be included. + (c) Form.--The report required by subsection (a) shall be submitted +in both classified and unclassified form. + (d) Appropriate Congressional Committees.--In this section, the +term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Relations of the Senate and + the Committee on Foreign Affairs of the House of + Representatives; + (2) the Committee on Armed Services of the Senate and the + Committee on Armed Services of the House of Representatives; + (3) the Subcommittee on State, Foreign Operations, and + Related Programs of the Committee on Appropriations of the + Senate and the Subcommittee on State, Foreign Operations, and + Related Programs of the Committee on Appropriations of the + House of Representatives; and + (4) the Subcommittee on Defense of the Committee on + Appropriations of the Senate and the Subcommittee on Defense of + the Committee on Appropriations of the House of + Representatives. + +SEC. 1299B. PROHIBITION ON USE OF FUNDS FOR AERIAL FUMIGATION. + + None of the amounts authorized to be appropriated or otherwise made +available by this Act may be made available to directly conduct aerial +fumigation in Colombia unless there are demonstrated actions by the +Government of Colombia to adhere to national and local laws and +regulations. + +SEC. 1299C. REPORT ON SUPPORT FOR DEMOCRATIC REFORMS BY THE GOVERNMENT + OF THE REPUBLIC OF GEORGIA. + + (a) Sense of Congress.--It is the sense of Congress that the United +States should-- + (1) support the Government of the Republic of Georgia's + continued development of democratic values, path to electoral + reform, commitment to combating corruption, and efforts to + ensure the Georgian private sector upholds internationally + recognized standards, including welcoming and protecting + foreign direct investment; and + (2) continue to work closely with the Government of Georgia + on defense and security cooperation to include increasing + Georgia's defense capabilities, interoperability with partner + nations, adherence to the rules of war, and strengthening of + defense institutions. + (b) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State shall submit to the +appropriate congressional committees a report that contains-- + (1) an analysis of whether or not the Government of Georgia + is taking effective steps to strengthen democratic institutions + in Georgia; and + (2) an analysis of whether or not the Government of Georgia + is-- + (A) effectively implementing electoral reform; + (B) respecting the independence of the judiciary, + including independence from legislative or executive + interference; + (C) effectively implementing the necessary policies + to ensure accountability and transparency, including + unfettered access to public information; + (D) protecting the rights of civil society, + opposition political parties, and the independence of + the media; and + (E) any other matters the Secretary determines to + be appropriate. + +SEC. 1299D. ASSESSMENT ON MODERNIZATION TARGETS OF THE PEOPLE'S + LIBERATION ARMY. + + (a) Assessment.--The Secretary of Defense, in consultation with +relevant Federal departments and agencies, shall prepare an assessment +on the People's Liberation Army of the People's Republic of China 2035 +modernization targets that includes-- + (1) how such modernization could impact the effectiveness + of Taiwan's self-defense capabilities; + (2) how such modernization could impact United States + interests, including those articulated in the Taiwan Relations + Act (22 U.S.C 3301 et. seq.) to maintain the capacity of the + United States to resist any resort to force or other forms of + coercion that would jeopardize the security, or the social or + economic system, of the people on Taiwan; and + (3) any other matters the Secretary determines appropriate. + (b) Briefing.--Not later than 180 days after the enactment of this +Act, the Secretary of Defense shall provide the assessment in a +classified, written report to-- + (1) the Committee on Armed Services, the Permanent Select + Committee on Intelligence, the Committee on Foreign Affairs, + and the Committee on Appropriations of the House of + Representatives; and + (2) the Committee on Armed Services, the Select Committee + on Intelligence, the Committee on Foreign Relations, and the + Committee on Appropriations of the Senate. + +SEC. 1299E. MITIGATION AND PREVENTION OF ATROCITIES IN HIGH-RISK + COUNTRIES. + + (a) Statement of Policy.--It is the policy of the United States +that the Department of State, in coordination with the Department of +Defense and the United States Agency for International Development, +should address global fragility, as required by the Global Fragility +Act of 2019 and, to the extent practicable, incorporate the prevention +of atrocities and mitigation of fragility into security assistance and +cooperation planning and implementation for covered foreign countries. + (b) In General.--The Secretary of State, in consultation with +chiefs of mission and the Administrator of the United States Agency for +International Development, shall ensure that the Department of State's +Atrocity Assessment Framework is factored into the Integrated Country +Strategy and the Country Development Cooperation Strategy where +appropriate for covered foreign countries. + (c) Report.--Not later than 1 year after the date of the enactment +of this Act, and annually thereafter for 5 years, the Secretary of +State shall submit to the appropriate congressional committees a report +on its efforts to prevent atrocities in covered foreign countries. + (d) Stakeholder Consultation.--Consistent with section 504(b) of +the Global Fragility Act of 2019 (22 U.S.C. 9803(b)), the Secretary of +State and other relevant agencies may consult with credible +representatives of civil society with experience in atrocities +prevention and national and local governance entities, as well as +relevant international development organizations with experience +implementing programs in fragile and violence-affected communities, +multilateral organizations and donors, and relevant private, academic, +and philanthropic entities, as appropriate, in identifying covered +foreign countries as defined in this section. + (e) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs and the + Committee on Armed Services of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on Armed Services of the Senate. + (2) Covered foreign country.--The term ``covered foreign + country'' means a foreign country that is not listed as a + priority country under the Global Fragility Initiative but + remains among the top 30 most at risk countries for new onset + of mass killing, according to the Department of State's + internal assessments, and in consultation with the appropriate + congressional committees. + +SEC. 1299F. RESUMPTION OF PEACE CORPS OPERATIONS. + + Not later than 90 days after the date of enactment of this Act, the +Director of the Peace Corps shall submit to the Committee on Foreign +Relations of the Senate and the Committee on Foreign Affairs of the +House of Representatives a report that describes the efforts of the +Peace Corps to-- + (1) offer a return to service to each Peace Corps volunteer + and trainee whose service ended on March 15, 2020 (or earlier, + in the case of volunteers who were serving China and Mongolia), + due to the COVID-19 public health emergency; + (2) obtain approval from countries, as is safe and + appropriate, to return volunteers and trainees to countries of + service, predicated on the ability for volunteers and trainees + to return safely and legally; + (3) provide adequate measures necessary for the safety and + health of volunteers and trainees and develop contingency plans + in the event overseas operations are disrupted by future COVID- + 19 outbreaks; + (4) develop and maintain a robust volunteer cohort; and + (5) identify the need for anticipated additional + appropriations or new statutory authorities and changes in + global conditions that would be necessary to achieve the goal + of safely enrolling 7,300 Peace Corps volunteers during the 1- + year period beginning on the date on which Peace Corps + operations resume. + +SEC. 1299G. TRANSFER OF EXCESS NAVAL VESSELS TO THE GOVERNMENT OF + EGYPT. + + (a) Transfers by Grant.--The President is authorized to transfer to +the Government of Egypt the OLIVER HAZARD PERRY class guided missile +frigates ex-USS CARR (FFG-52) and ex-USS ELROD (FFG-55) on a grant +basis under section 516 of the Foreign Assistance Act of 1961 (22 +U.S.C. 2321j) upon submitting to the appropriate congressional +committees a certification described in subsection (b). + (b) Certification.--A certification described in this subsection is +a certification of the following: + (1) The President has received reliable assurances that the + Government of Egypt and any Egyptian state-owned enterprise-- + (A) are not engaged in activity subject to + sanctions under the Countering America's Adversaries + Through Sanctions Act (Public Law 115-44; 22 U.S.C. + 9401 et seq.), including activity related to Russian + Su-35 warplanes; and + (B) will not knowingly engage in activity subject + to sanctions under such Act in the future. + (2) The Egyptian forces that will man the vessels described + in subsection (a) will be subject to the requirements of + section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. + 2378d) and section 362 of title 10, United States Code + (commonly referred to as the ``Leahy laws''), and to other + human rights vetting requirements to ensure that United States- + funded assistance is not provided to Egyptian security forces + that have committed gross violations of internationally + recognized human rights. + (3) The President has received reliable assurances that the + vessels described in subsection (a) will not be used in any + military operation in Libya or Libyan territorial waters, + except for those operations conducted in coordination with the + United States. + (c) Violations.--If the President determines after the transfer of +a vessel described in subsection (a) that the conditions described in +subsection (b) are no longer being met, the President shall apply the +provisions of section 3(c) of the Arms Export Control Act (22 U.S.C. +2753(c)) with respect to Egypt to the same extent and in the same +manner as if Egypt had committed a violation described in paragraph (1) +of such section. + (d) Grants Not Counted in Annual Total of Transferred Excess +Defense Articles.--The value of a vessel transferred to the Government +of Egypt on a grant basis pursuant to authority provided under +subsection (a) shall not be counted against the aggregate value of +excess defense articles transferred in any fiscal year under section +516(g) of such Act (22 U.S.C. 2321j(g)). + (e) Costs of Transfers.--Notwithstanding section 516(e) of such Act +(22 U.S.C. 2321j(e)), any expense incurred by the United States in +connection with a transfer authorized under subsection (a) shall be +charged to the Government of Egypt. + (f) Repair and Refurbishment in United States Shipyards.--To the +maximum extent practicable, the President shall require, as a condition +of the transfer of a vessel under subsection (a), that the Government +of Egypt have such repair or refurbishment of the vessel as is needed, +before the vessel joins the naval forces of Egypt, performed at a +shipyard located in the United States, including a United States Navy +shipyard. + (g) Expiration of Authority.--The authority to transfer a vessel +under subsection (a) shall expire at the end of the 3-year period +beginning on the date of the enactment of this Act. + (h) Report.--Not later than 30 days before the transfer of a vessel +described in subsection (a), the President shall submit to the +appropriate congressional committees a report on how the transfer of +the vessel will help to alleviate United States mission requirements in +the Mediterranean Sea, the Bab el Mandeb Strait, and the Red Sea. + (i) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs and the Committee on + Armed Services of the House of Representatives; and + (2) the Committee on Foreign Relations and the Committee on + Armed Services of the Senate. + +SEC. 1299H. LIMITATION ON PRODUCTION OF NUCLEAR PROLIFERATION + ASSESSMENT STATEMENTS. + + (a) Limitation.--The Secretary of State may not provide to the +President, and the President may not submit to Congress, a Nuclear +Proliferation Assessment Statement described in subsection (a) of +section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with +respect to a proposed cooperation agreement with any country that has +not signed and implemented an Additional Protocol with the +International Atomic Energy Agency, other than a country with which, as +of July 1, 2020, there is in effect a civilian nuclear cooperation +agreement pursuant to such section 123. + (b) Waiver.--The limitation under subsection (a) shall be waived +with respect to a particular country if-- + (1) the President submits to the appropriate congressional + committees a request to enter into a proposed cooperation + agreement with such country that includes a report describing + the manner in which such agreement would advance the national + security and defense interests of the United States and not + contribute to the proliferation of nuclear weapons; and + (2) there is enacted a joint resolution approving the + waiver of such limitation with respect to such agreement. + (c) Form.--The report described in subsection (b) shall be +submitted in unclassified form but may include a classified annex. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; + (2) the Committee on Energy and Commerce, the Committee on + Foreign Affairs, and the Permanent Select Committee on + Intelligence of the House of Representatives; and + (3) the Committee on Energy and Natural Resources, the + Committee on Foreign Relations, and the Select Committee on + Intelligence of the Senate. + +SEC. 1299I. REPORT ON MEXICAN SECURITY FORCES. + + (a) Report.--Not later than 90 days after enactment of this act, +the Secretary of Defense and the Secretary of State, in coordination +with other appropriate officials, shall jointly submit to the +appropriate congressional committees a report containing a +comprehensive assessment of ongoing support and a strategy for future +cooperation between the United States government and the Mexican +security forces including the Mexican National Guard, federal, state, +and municipal law enforcement. + (b) Matters To Be Included.--The report under subsection (a) shall +include, at minimum, the following: + (1) Department of Defense and Department of State strategy + and timeline for assistance to Mexican security forces, + including detailed areas of assistance and a plan to align the + strategy with Mexican government priorities. + (2) Description of the transfer of U.S.-supported equipment + from the Federal Police and armed forces to the National Guard, + if any, and any resources originally provided for the Federal + Police and armed forces that are now in use by the National + Guard. + (3) Dollar amounts of any assistance provided or to be + provided to each of the Mexican security forces, and any + defense articles, training, and other services provided or to + be provided to each of the Mexican security forces. + (4) Department of Defense and Department of State plans for + all U.S. training for Mexican security forces, including + training in human rights, proper use of force, de-escalation, + investigation and evidence-gathering, community relations, and + anti-corruption. + (5) An assessment of the National Guard's adherence to + human rights standards, including the adoption of measures to + ensure accountability for human rights violations and the + development of a human rights training curriculum. + (6) Department of Defense and Department of State plans to + support external monitoring and strengthen internal control + mechanisms within each of the Mexican security forces including + the Mexican National Guard, federal, state, and municipal law + enforcement, including the internal affairs unit. + (7) Information on Mexico's security budget and + contributions to strengthening security cooperation with the + United States; and (8) Information on security assistance + Mexico may be receiving from other countries. + (c) Form.--The report required under subsection (a) may be +submitted in classified form with an unclassified summary. + (d) Appropriate Congressional Committees.--The term ``appropriate +congressional committees'' means the Committee on Foreign Affairs and +the Armed Services Committee of the House of Representatives and the +Committee on Foreign Relations and the Armed Services Committee of the +Senate. + +SEC. 1299J. MATTERS RELATING TO COOPERATIVE THREAT REDUCTION PROGRAMS + AND WEAPONS OF MASS DESTRUCTION TERRORISM. + + (a) Statement of Policy.--It is the policy of the United States to +ensure-- + (1) to the extent practicable, the agents, precursors, and + materials needed to produce weapons of mass destruction are + placed beyond the reach of terrorist organizations and other + malicious non-state actors; + (2) the number of foreign states that possess weapons of + mass destruction is declining; and + (3) the global quantity of weapons of mass destruction and + related materials is reduced. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) diplomatic outreach, threat reduction and foreign + capacity-building programs, export controls, and the promotion + of international treaties and norms are all essential elements + of accomplishing the core national security mission of + preventing, detecting, countering, and responding to threats of + weapons of mass destruction terrorism; and + (2) the potentially devastating consequences of weapons of + mass destruction terrorism pose a significant risk to United + States national security. + (c) Report on Lines of Effort To Implement Policies.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, and annually thereafter, the + President, acting through the Secretary of Defense, the + Secretary of State, the Secretary of Energy, and the Director + of National Intelligence, shall submit to the appropriate + congressional committees a report on each line of effort to + implement the policies described in subsection (a) and the + budgets required to implement each such line of effort + effectively. + (2) Matters to be included.--The report required by this + subsection should include the following: + (A) An assessment of nuclear, radiological, + biological, and chemical terrorism and foreign state + risks and other emerging risks facing the United States + and its allies, including-- + (i) the status of foreign state, state- + affiliated, and non-state actors efforts to + acquire nuclear, radiological, biological, and + chemical weapons and their intent to misuse + weapons-related materials; + (ii) any actions by foreign state, state- + affiliated, and non-state actors employing + weapons of mass destruction; + (iii) an update on-- + (I) the risk of biological threats, + including the proliferation of + biological weapons, weapons components, + and weapons-related materials, + technology, and expertise to non-state + actors; + (II) the risk of accidental release + of dangerous pathogens due to unsafe + practices and facilities; and + (III) the risk of uncontrolled + naturally occurring disease outbreaks + that may pose a threat to the United + States or its Armed Forces or allies; + and + (iv) the status of national efforts to meet + obligations to provide effective security and + accounting for nuclear weapons and for all + weapons-useable nuclear materials in foreign + states that possess such weapons and materials. + (B) A strategy to reduce the risk of nuclear, + radiological, biological, and chemical terrorism over + the next five years, including-- + (i) ensuring, to the extent practicable-- + (I) the agents, precursors, and + materials needed to develop or acquire + weapons of mass destruction are placed + beyond the reach of terrorist + organizations and other malicious non- + state actors; + (II) the number of foreign states + that possess weapons of mass + destruction is declining; and + (III) the global quantity of + weapons of mass destruction and related + materials is reduced; + (ii) identifying and responding to + technological trends that may enable terrorist + or state development, acquisition, or use of + weapons of mass destruction; + (iii) a plan to prevent the proliferation + of biological weapons, weapons components, and + weapons-related materials, technology, and + expertise, which shall include activities that + facilitate detection and reporting of highly + pathogenic diseases or other diseases that are + associated with or that could be used as an + early warning mechanism for disease outbreaks + that could affect the United States or its + Armed Forces or allies, regardless of whether + such diseases are caused by biological weapons; + (iv) regional engagement to reduce nuclear, + biological, and chemical risks; + (v) engagement with foreign states, where + possible, on security for nuclear weapons and + weapons-useable nuclear and radioactive + material, including protection against insider + threats, strengthening of security culture, and + support for security performance testing; and + (vi) a recommendation to establish a joint + Department of Defense and Department of Energy + program-- + (I) to assess the verification, + security, and implementation + requirements associated with potential + future arms reduction or + denuclearization accords, + (II) identify gaps in existing and + planned capabilities; and + (III) provide recommendations for + developing needed capabilities to fill + those gaps. + (3) Form.--The report required by this subsection shall be + submitted in unclassified form, but may contain a classified + annex. + (d) Sense of Congress on Revitalizing International Nuclear +Security Programs.--It is the sense of Congress that-- + (1) the United States Government should expand and + revitalize its international nuclear security programs, as + necessary; + (2) such an expanded nuclear security effort should seek to + be comprehensive and close, to the extent possible, any gaps + that exist in United States nuclear security programs; and + (3) the Secretary of State should seek to cooperate with as + many foreign states with nuclear weapons, weapons-usable + nuclear materials, or significant nuclear facilities as + possible to-- + (A) ensure protection against the full spectrum of + plausible threats, including support for evaluating + nuclear security threats and measures to protect + against such threats, exchanging unclassified threat + information, holding workshops with experts from each + country, and having teams review the adequacy of + security against a range of threats; + (B) establish comprehensive, multilayered + protections against insider threats, including in-depth + exchanges on good practices in insider threat + protection, workshops, help with appropriate + vulnerability assessments, and peer review by expert + teams; + (C) establish targeted programs to strengthen + nuclear security culture; + (D) institute effective, regular vulnerability + assessments and performance testing through workshops, + peer observation of such activities in the United + States, training, and description of approaches that + have been effective; and + (E) consolidate nuclear weapons and weapons-usable + nuclear materials to the minimum practical number of + locations. + (e) Assessment of Weapons of Mass Destruction Terrorism.-- + (1) In general.--The Secretary of Defense, in coordination + with the Secretary of State and the Secretary of Energy, shall + seek to enter into an arrangement with the National Academy of + Sciences-- + (A) to conduct an assessment of strategies of the + United States for preventing, countering, and + responding to nuclear, biological, and chemical + terrorism assess and make recommendations to improve + such strategies; and + (B) submit to the Secretary of Defense a report + that contains such assessment and recommendations. + (2) Matters to be included.--The assessment and + recommendations required by paragraph (1) shall address the + adequacy of strategies described in such paragraph and identify + technical, policy, and resource gaps with respect to-- + (A) identifying national and international nuclear, + biological, and chemical risks and critical emerging + threats; + (B) preventing state-sponsored and non-state actors + from acquiring or misusing the technologies, materials, + and critical expertise needed to carry out nuclear, + biological, and chemical attacks, including dual-use + technologies, materials, and expertise; + (C) countering efforts by state-sponsored and non- + state actors to carry out such attacks; + (D) responding to nuclear, biological, and chemical + terrorism incidents to attribute their origin and help + manage their consequences; + (E) budgets likely to be required to implement + effectively such strategies; and + (F) other important matters that are directly + relevant to such strategies. + (3) Report.-- + (A) In general.--The Secretary of Defense shall + submit to the appropriate congressional committees a + copy of the report received by the Secretary under + paragraph (1)(B). + (B) Form.--The report required by this paragraph + shall be submitted in unclassified form, but may + contain a classified annex. + (4) Funding.-- + (A) Increase.--Notwithstanding the amounts set + forth in the funding tables in division D, the amount + authorized to be appropriated in section 301 for + research, development, test, and evaluation, as + specified in the corresponding funding table in section + 4301, for Operations and Maintenance, Defense-wide, + Cooperative Threat Reduction, Line 10, is hereby + increased by $1,000,000 to carry out this subsection. + (B) Offset.--Notwithstanding the amounts set forth + in the funding tables in division D, the amount + authorized to be appropriated in section 301 for + operation and maintenance as specified in the + corresponding funding table in section 4301, for + operation and maintenance, Air Force, admin & + servicewide activities, servicewide communications, + line 440, is hereby reduced by $1,000,000. + (f) Report on Cooperative Threat Reduction Programs.-- + (1) In general.--Not later than 270 days after the date of + the enactment of this Act, and annually thereafter at the same + time that the President submits the budget to Congress under + section 1105 of title 31, United States Code, the President + shall submit to the appropriate congressional committees a + report on-- + (A) the programs of each Federal agency that are + intended to reduce threat of nuclear, radiological, + biological, and chemical weapons to the United States + or its Armed Forces or allies; + (B) a description of the operations of such + programs and how such programs advance the mission of + reducing the threat of nuclear, radiological, + biological, and chemical weapons to the United States + or its Armed Forces or allies; and + (C) recommendations on how to evaluate the success + of such programs, how to identify opportunities for + collaboration between such programs, how to eliminate + crucial gaps not filled by such programs, and how to + ensure that such programs are complementary to other + programs across the United States Government. + (2) Form.--The report required by this paragraph shall be + submitted in unclassified form, but may contain a classified + annex. + (g) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs, Committee on Armed + Services, and Permanent Select Committee on Intelligence of the + House of Representatives; and + (2) the Committee on Foreign Relations, Committee on Armed + Services, and Select Committee on Intelligence of the Senate. + +SEC. 1299K. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA. + + (a) In General.--Prior to the transfer of any equipment by the +Department of Defense to a joint task force of the Guatemalan military +or national civilian police during fiscal year 2021, the Secretary of +Defense shall certify to the appropriate congressional committees that +such ministries have made a credible commitment to use such equipment +only for the uses for which they were intended. + (b) Issuing Regulations.--Not later than 60 days after the date of +the enactment of this Act, the Secretary of State, in coordination with +the Administrator of the United States Agency for International +Development and the Secretary of Defense, as appropriate, shall issue +regulations requiring the inclusion of appropriate clauses for any new +foreign assistance contracts, grants, and cooperative agreements +covering the transfer of equipment to the Guatemalan military or +national civilian police, to ensure that any equipment provided by the +Department of Defense to the Guatemalan military or national civilian +police may be recovered if such equipment is used for purposes other +than those purposes for which it was provided. + (c) Exceptions and Waiver.-- + (1) Exceptions.--Subsection (b) shall not apply to + humanitarian assistance, disaster assistance, or assistance to + combat corruption. + (2) Waiver.--The Secretary of State or the Secretary of + Defense, on a case by case basis, may waive the requirement + under subsection (b) if the Secretary of State or the Secretary + of Defense certifies to the appropriate congressional + committees that such waiver is important to the national + security interests of the United States. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on + Appropriations, and the Committee on Foreign Affairs of the + House of Representatives; and + (2) the Committee on Armed Services, the Committee on + Appropriations, and the Committee on Foreign Relations of the + Senate. + +SEC. 1299L. REPORT ON FOREIGN INFLUENCE CAMPAIGNS TARGETING UNITED + STATES FEDERAL ELECTIONS. + + (a) In General.--Not later than September 1, 2021, and biennially +thereafter, the Director of National Intelligence, in consultation with +the Secretary of Defense, the Secretary of State, and any other +relevant Federal agency, shall submit to the appropriate congressional +committees a report on foreign influence campaigns targeting United +States Federal elections. + (b) Matters To Be Included.--The report required by subsection (a) +shall include an analysis of the following: + (1) The patterns, tools, and techniques of foreign + influence campaigns across all platforms and the country of + origin of such campaigns. + (2) The extent of inauthentic accounts and ``bot'' networks + across platforms, including the scale to which they exist, how + platforms currently act to remove them, and what percentage + have been removed over the last year. + (3) The reach of intentional or weaponized disinformation + by inauthentic accounts and ``bot'' networks, including + analysis of amplification by users and algorithmic + distribution. + (4) The type of media that is being disseminated by the + foreign influence campaign, including fabricated or falsified + content and manipulated videos and photos, and the intended + targeted groups. + (5) The methods that have been used to mitigate engagement + and remove content. + (c) Briefing.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense should provide a +briefing to congressional committees on the report required by +subsection (a). + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropropriate congressional committees'' means-- + (1) the congressional defense committees; and + (2) the Committee on Foreign Affairs and the Permanent + Select Committee on Intelligence of the House of + Representatives and the Committee on Foreign Relations and the + Select Committee on Intelligence of the Senate. + + Subtitle H--Global Child Thrive Act of 2020 + +SEC. 1299M-1. SHORT TITLE. + + This subtitle may be cited as the ``Global Child Thrive Act of +2020''. + +SEC. 1299M-2. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) the United States Government should continue efforts to + reduce child mortality rates and increase attention on + prevention efforts and early childhood development programs; + (2) investments in early childhood development ensure + healthy and well-developed future generations that contribute + to a country's stability, security and economic prosperity; + (3) efforts to provide training and education on nurturing + care could result in improved early childhood development + outcomes and support healthy brain development; and + (4) integration and cross-sector coordination of early + childhood development programs is critical to ensure the + efficiency, effectiveness, and continued implementation of such + programs. + +SEC. 1299M-3. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY. + + (a) Authorization of Assistance.--Amounts authorized to be +appropriated to carry out section 135 in chapter 1 of part 1 of the +Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for each of the +fiscal years 2021 through 2025 are authorized to be made available to +support early childhood development activities in conjunction with +relevant, existing programming, such as water, sanitation and hygiene, +maternal and child health, basic education, nutrition and child +protection. + (b) Assistance To Improve Early Childhood Incomes Globally.-- +Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. +2151 et seq.) is amended by adding at the end the following: + +``SEC. 137. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY. + + ``(a) Definitions.--In this section: + ``(1) Appropriate congressional committees.--The term + `appropriate congressional committees' means-- + ``(A) the Committee on Appropriations of the + Senate; + ``(B) the Committee on Foreign Relations of the + Senate; + ``(C) the Committee on Appropriations of the House + of Representatives; and + ``(D) the Committee on Foreign Affairs of the House + of Representatives. + ``(2) Early childhood development.--The term `early + childhood development' means the development and learning of a + child younger than 8 years of age, including physical, + cognitive, social, and emotional development and approaches to + learning that allow a child to reach his or her full + developmental potential. + ``(3) Early childhood development program.--The term `early + childhood development program' means a program that ensures + that every child has the conditions for healthy growth, + nurturing family-based care, development and learning, and + protection from violence, exploitation, abuse, and neglect, + which may include-- + ``(A) a health, clean water, sanitation, and + hygiene program that serves pregnant women, children + younger than 5 years of age, and the parents of such + children; + ``(B) a nutrition program, combined with + stimulating child development activity; + ``(C) age appropriate cognitive stimulation, + especially for newborns, infants, and toddlers, + including an early childhood intervention program for + children experiencing at-risk situations, developmental + delays, disabilities, and behavioral and mental health + conditions; + ``(D) an early learning (36 months and younger), + preschool, and basic education program for children + until they reach 8 years of age or complete primary + school; or + ``(E) a child protection program, with an emphasis + on the promotion of permanent, safe, and nurturing + families, rather than placement in residential care or + institutions, including for children with disabilities. + ``(4) Federal departments and agencies.--The term `Federal + departments and agencies' means-- + ``(A) the Department of State; + ``(B) the United States Agency for International + Development; + ``(C) the Department of the Treasury; + ``(D) the Department of Labor; + ``(E) the Department of Education; + ``(F) the Department of Agriculture; + ``(G) the Department of Defense; + ``(H) the Department of Health and Human Services, + including-- + ``(i) the Centers for Disease Control and + Prevention; and + ``(ii) the National Institutes of Health; + ``(I) the Millennium Challenge Corporation; + ``(J) the Peace Corps; and + ``(K) any other department or agency specified by + the President for the purposes of this section. + ``(5) Residential care.--The term `residential care' means + care provided in any non-family-based group setting, including + orphanages, transit or interim care centers, children's homes, + children's villages or cottage complexes, group homes, and + boarding schools used primarily for care purposes as an + alternative to a children's home. + ``(b) Statement of Policy.--It is the policy of the United States-- + ``(1) to support early childhood development in relevant + foreign assistance programs, including by integrating evidence- + based, efficient, and effective interventions into relevant + strategies and programs, in coordination with partner + countries, other donors, international organizations, + international financial institutions, local and international + nongovernmental organizations, private sector partners, civil + society, and faith-based and community-based organizations; and + ``(2) to encourage partner countries to lead early + childhood development initiatives that include incentives for + building local capacity for continued implementation and + measurable results, by-- + ``(A) scaling up the most effective, evidence- + based, national interventions, including for the most + vulnerable populations and children with disabilities + and developmental delays, with a focus on adaptation to + country resources, cultures, and languages; + ``(B) designing, implementing, monitoring, and + evaluating programs in a manner that enhances their + quality, transparency, equity, accountability, + efficiency and effectiveness in improving child and + family outcomes in partner countries; and + ``(C) utilizing and expanding innovative public- + private financing mechanisms. + ``(c) Implementation.-- + ``(1) In general.--Not later than 1 year after the date of + the enactment of this section, the Administrator of the United + States Agency for International Development, in coordination + with the Secretary of State, shall direct relevant Federal + departments and agencies-- + ``(A) to incorporate, to the extent practical and + relevant, early childhood development into foreign + assistance programs to be carried out during the + following 5 fiscal years; and + ``(B) to promote inclusive early childhood + development in partner countries. + ``(2) Elements.--In carrying out paragraph (1), the + Administrator, the Secretary, and the heads of other relevant + Federal departments and agencies as appropriate shall-- + ``(A) build on the evidence and priorities outlined + in `Advancing Protection and Care for Children in + Adversity: A U.S. Government Strategy for International + Assistance 2019-2023', published in June 2019 (referred + to in this section as `APCCA'); + ``(B) to the extent practicable, identify evidence- + based strategic priorities, indicators, outcomes, and + targets, particularly emphasizing the most vulnerable + populations and children with disabilities and + developmental delays, to support inclusive early + childhood development; + ``(C) support the design, implementation, and + evaluation of pilot projects in partner countries, with + the goal of taking such projects to scale; + ``(D) support inclusive early childhood development + within all relevant sector strategies and public laws, + including-- + ``(i) the Global Water Strategy required + under section 136(j); + ``(ii) the whole-of-government strategy + required under section 5 of the Global Food + Security Act of 2016 (22 U.S.C. 9304 note); + ``(iii) the Basic Education Strategy set + forth in section 105(c); + ``(iv) the U.S. Government Global Nutrition + Coordination Plan, 2016-2021; and + ``(v) APCCA; and others as appropriate; + ``(E) improve coordination with foreign governments + and international and regional organizations with + respect to official country policies and plans to + improve early childhood development, maternal, newborn, + and child health and nutrition care, basic education, + water, sanitation and hygiene, and child protection + plans which promote nurturing, appropriate, protective, + and permanent family care, while reducing the + percentage of children living in residential care or on + the street; and + ``(F) consult with partner countries, other donors, + international organizations, international financial + institutions, local and international nongovernmental + organizations, private sector partners and faith-based + and community-based organizations, as appropriate. + ``(d) Annual Report on the Implementation of the Strategy.--The +Special Advisor for Children in Adversity shall include, in the annual +report required under section 5 of the Assistance for Orphans and Other +Vulnerable Children in Developing Countries Act of 2005 (22 U.S.C. +2152g), which shall be submitted to the appropriate congressional +committees and made publicly available, a description of-- + ``(1) the progress made toward integrating early childhood + development interventions into relevant strategies and + programs; + ``(2) the efforts made by relevant Federal departments and + agencies to implement subsection (c), with a particular focus + on the activities described in such subsection; + ``(3) the progress achieved during the reporting period + toward meeting the goals, objectives, benchmarks, described in + subsection (c); and + ``(4) the progress achieved during the reporting period + toward meeting the goals, objectives, benchmarks, and + timeframes described in subsection (c) at the program level, + along with specific challenges or gaps that may require shifts + in targeting or financing in the following fiscal year. + ``(e) Interagency Task Force.--The Special Advisor for Assistance +to Orphans and Vulnerable Children should regularly convene an +interagency task force, to coordinate-- + ``(1) intergovernmental and interagency monitoring, + evaluation, and reporting of the activities carried out + pursuant to this section; + ``(2) early childhood development initiatives that include + children with a variety of needs and circumstances; and + ``(3) United States Government early childhood development + programs, strategies, and partnerships across relevant Federal + departments and agencies.''. + +SEC. 1299M-4. SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND VULNERABLE + CHILDREN. + + Section 135(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. +2152f(e)(2)) is amended-- + (1) by amending subparagraph (A) to read as follows: + ``(A) Coordinate assistance to orphans and other + vulnerable children among the relevant Executive branch + agencies and officials.''; and + (2) in subparagraph (B), by striking ``the various offices, + bureaus, and field missions within the United States Agency for + International Development'' and inserting ``the relevant + Executive branch agencies and officials''. + +SEC. 1299M-5. RULE OF CONSTRUCTION. + + Nothing in the amendments made by this subtitle may be construed to +restrict or abrogate any other authorization for United States Agency +for International Development activities or programs. + + Subtitle I--Global Health Security Act of 2020 + +SEC. 1299N-1. SHORT TITLE. + + This subtitle may be cited as the ``Global Health Security Act of +2020''. + +SEC. 1299N-2. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW COUNCIL. + + (a) Establishment.--The President shall establish a Global Health +Security Agenda Interagency Review Council (in this section referred to +as the ``Council'') to perform the general responsibilities described +in subsection (c) and the specific roles and responsibilities described +in subsection (e). + (b) Meetings.--The Council shall meet not less than four times per +year to advance its mission and fulfill its responsibilities. + (c) General Responsibilities.--The Council shall be responsible for +the following activities: + (1) Provide policy-level recommendations to participating + agencies on Global Health Security Agenda (GHSA) goals, + objectives, and implementation. + (2) Facilitate interagency, multi-sectoral engagement to + carry out GHSA implementation. + (3) Provide a forum for raising and working to resolve + interagency disagreements concerning the GHSA. + (4)(A) Review the progress toward and work to resolve + challenges in achieving United States commitments under the + GHSA, including commitments to assist other countries in + achieving the GHSA targets. + (B) The Council shall consider, among other issues, the + following: + (i) The status of United States financial + commitments to the GHSA in the context of commitments + by other donors, and the contributions of partner + countries to achieve the GHSA targets. + (ii) The progress toward the milestones outlined in + GHSA national plans for those countries where the + United States Government has committed to assist in + implementing the GHSA and in annual work-plans + outlining agency priorities for implementing the GHSA. + (iii) The external evaluations of United States and + partner country capabilities to address infectious + disease threats, including the ability to achieve the + targets outlined within the WHO Joint External + Evaluation (JEE) tool, as well as gaps identified by + such external evaluations. + (d) Participation.--The Council shall consist of representatives, +serving at the Assistant Secretary level or higher, from the following +agencies: + (1) The Department of State. + (2) The Department of Defense. + (3) The Department of Justice. + (4) The Department of Agriculture. + (5) The Department of Health and Human Services. + (6) The Department of Labor. + (7) The Department of Homeland Security. + (8) The Office of Management and Budget. + (9) The United States Agency for International Development. + (10) The Environmental Protection Agency. + (11) The Centers for Disease Control and Prevention. + (12) The Office of Science and Technology Policy. + (13) The National Institutes of Health. + (14) The National Institute of Allergy and Infectious + Diseases. + (15) Such other agencies as the Council determines to be + appropriate. + (e) Specific Roles and Responsibilities.-- + (1) In general.--The heads of agencies described in + subsection (d) shall-- + (A) make the GHSA and its implementation a high + priority within their respective agencies, and include + GHSA-related activities within their respective + agencies' strategic planning and budget processes; + (B) designate a senior-level official to be + responsible for the implementation of this subtitle; + (C) designate, in accordance with subsection (d), + an appropriate representative at the Assistant + Secretary level or higher to participate on the + Council; + (D) keep the Council apprised of GHSA-related + activities undertaken within their respective agencies; + (E) maintain responsibility for agency-related + programmatic functions in coordination with host + governments, country teams, and GHSA in-country teams, + and in conjunction with other relevant agencies; + (F) coordinate with other agencies that are + identified in this section to satisfy programmatic + goals, and further facilitate coordination of country + teams, implementers, and donors in host countries; and + (G) coordinate across GHSA national plans and with + GHSA partners to which the United States is providing + assistance. + (2) Additional roles and responsibilities.--In addition to + the roles and responsibilities described in paragraph (1), the + heads of agencies described in subsection (d) shall carry out + their respective roles and responsibilities described in + subsections (b) through (i) of section 3 of Executive Order No. + 13747 (81 Fed. Reg. 78701; relating to Advancing the Global + Health Security Agenda to Achieve a World Safe and Secure from + Infectious Disease Threats), as in effect on the day before the + date of the enactment of this Act. + +SEC. 1299N-3. UNITED STATES COORDINATOR FOR GLOBAL HEALTH SECURITY. + + (a) Sense of Congress.--It is the sense of the Congress that, given +the complex and multisectoral nature of global health threats to the +United States, the President should consider appointing an individual +with significant background and expertise in public health or emergency +response management to the position of United States Coordinator for +Global Health Security, as required by subsection (b), who is an +employee of the National Security Council at the level of Deputy +Assistant to the President or higher. + (b) In General.--The President shall appoint an individual to the +position of United States Coordinator for Global Health Security, who +shall be responsible for the coordination of the interagency process +for responding to global health security emergencies. As appropriate, +the designee shall coordinate with the President's Special Coordinator +for International Disaster Assistance. + (c) Congressional Briefing.--Not less frequently than twice each +year, the employee designated under this section shall provide to the +appropriate congressional committees a briefing on the responsibilities +and activities of the individual under this section. + +SEC. 1299N-4. STRATEGY AND REPORTS. + + (a) Sense of Congress.--It is the sense of the Congress that, given +the complex and multisectoral nature of global health threats to the +United States, the President, in providing assistance to implement the +strategy required under subsection (c), should-- + (1) coordinate, through a whole-of-government approach, the + efforts of relevant Federal departments and agencies to + implement the strategy; + (2) seek to fully utilize the unique capabilities of each + relevant Federal department and agency while collaborating with + and leveraging the contributions of other key stakeholders; and + (3) utilize open and streamlined solicitations to allow for + the participation of a wide range of implementing partners + through the most appropriate procurement mechanisms, which may + include grants, contracts, cooperative agreements, and other + instruments as necessary and appropriate. + (b) Statement of Policy.--It is the policy of the United States +to-- + (1) promote global health security as a core national + security interest; + (2) advance the aims of the Global Health Security Agenda; + (3) collaborate with other countries to detect and mitigate + outbreaks early to prevent the spread of disease; + (4) encourage other countries to invest in basic resilient + and sustainable health care systems; and + (5) strengthen global health security across the + intersection of human and animal health to prevent infectious + disease outbreaks and combat the growing threat of + antimicrobial resistance. + (c) Strategy.--The United States Coordinator for Global Health +Security (appointed under section 1299N-3(b)) shall coordinate the +development and implementation of a strategy to implement the policy +aims described in subsection (b), which shall-- + (1) set specific and measurable goals, benchmarks, + timetables, performance metrics, and monitoring and evaluation + plans that reflect international best practices relating to + transparency, accountability, and global health security; + (2) support and be aligned with country-owned global health + security policy and investment plans developed with input from + key stakeholders, as appropriate; + (3) facilitate communication and collaboration, as + appropriate, among local stakeholders in support of a multi- + sectoral approach to global health security; + (4) support the long-term success of programs by building + the capacity of local organizations and institutions in target + countries and communities; + (5) develop community resilience to infectious disease + threats and emergencies; + (6) leverage resources and expertise through partnerships + with the private sector, health organizations, civil society, + nongovernmental organizations, and health research and academic + institutions; and + (7) support collaboration, as appropriate, between United + States universities, and public and private institutions in + target countries and communities to promote health security and + innovation. + (d) Coordination.--The President, acting through the United States +Coordinator for Global Health Security, shall coordinate, through a +whole-of-government approach, the efforts of relevant Federal +departments and agencies in the implementation of the strategy required +under subsection (c) by-- + (1) establishing monitoring and evaluation systems, + coherence, and coordination across relevant Federal departments + and agencies; and + (2) establishing platforms for regular consultation and + collaboration with key stakeholders and the appropriate + congressional committees. + (e) Strategy Submission.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the President, in consultation with + the head of each relevant Federal department and agency, shall + submit to the appropriate congressional committees the strategy + required under subsection (c) that provides a detailed + description of how the United States intends to advance the + policy set forth in subsection (b) and the agency-specific + plans described in paragraph (2). + (2) Agency-specific plans.--The strategy required under + subsection (c) shall include specific implementation plans from + each relevant Federal department and agency that describes-- + (A) the anticipated contributions of the department + or agency, including technical, financial, and in-kind + contributions, to implement the strategy; and + (B) the efforts of the department or agency to + ensure that the activities and programs carried out + pursuant to the strategy are designed to achieve + maximum impact and long-term sustainability. + (f) Report.-- + (1) In general.--Not later than 1 year after the date on + which the strategy required under subsection (c) is submitted + to the appropriate congressional committees under subsection + (e), and not later than October 1 of each year thereafter, the + President shall submit to the appropriate congressional + committees a report that describes the status of the + implementation of the strategy. + (2) Contents.--The report required under paragraph (1) + shall-- + (A) identify any substantial changes made in the + strategy during the preceding calendar year; + (B) describe the progress made in implementing the + strategy; + (C) identify the indicators used to establish + benchmarks and measure results over time, as well as + the mechanisms for reporting such results in an open + and transparent manner; + (D) contain a transparent, open, and detailed + accounting of expenditures by relevant Federal + departments and agencies to implement the strategy, + including, to the extent practicable, for each Federal + department and agency, the statutory source of + expenditures, amounts expended, partners, targeted + populations, and types of activities supported; + (E) describe how the strategy leverages other + United States global health and development assistance + programs; + (F) assess efforts to coordinate United States + global health security programs, activities, and + initiatives with key stakeholders; + (G) incorporate a plan for regularly reviewing and + updating strategies, partnerships, and programs and + sharing lessons learned with a wide range of + stakeholders, including key stakeholders, in an open, + transparent manner; and + (H) describe the progress achieved and challenges + concerning the United States Government's ability to + advance the Global Health Security Agenda across + priority countries, including data disaggregated by + priority country using indicators that are consistent + on a year-to-year basis and recommendations to resolve, + mitigate, or otherwise address the challenges + identified therein. + (g) Form.--The strategy required under subsection (c) and the +report required under subsection (f) shall be submitted in unclassified +form but may contain a classified annex. + +SEC. 1299N-5. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND + ACCOUNTABILITY ACT OF 2016. + + Section 2(3) of the Foreign Aid Transparency and Accountability Act +of 2016 (Public Law 114-191; 22 U.S.C. 2394c note) is amended-- + (1) in subparagraph (C), by striking ``and'' at the end; + (2) in subparagraph (D), by striking the period at the end + and inserting ``; and''; and + (3) by adding at the end the following: + ``(E) the Global Health Security Act of 2020.''. + +SEC. 1299N-6. DEFINITIONS. + + In this subtitle: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs and the + Committee on Appropriations of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on Appropriations of the Senate. + (2) Global health security.--The term ``global health + security'' means activities supporting epidemic and pandemic + preparedness and capabilities at the country and global levels + in order to minimize vulnerability to acute public health + events that can endanger the health of populations across + geographical regions and international boundaries. + +SEC. 1299N-7. SUNSET. + + This subtitle, and the amendments made by this subtitle, (other +than section 1299N-3) shall cease to be effective on December 31, 2024. + + Subtitle J--United States Nationals Unlawfully or Wrongfully Detained + Abroad + +SEC. 1299O-1. SHORT TITLE. + + This subtitle may be cited as the ``Robert Levinson Hostage +Recovery and Hostage-Taking Accountability Act''. + +SEC. 1299O-2. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY OR + WRONGFULLY DETAINED ABROAD. + + (a) Review.--The Secretary of State shall review the cases of +United States nationals detained abroad to determine if there is +credible information that they are being detained unlawfully or +wrongfully, based on criteria which may include whether-- + (1) United States officials receive or possess credible + information indicating innocence of the detained individual; + (2) the individual is being detained solely or + substantially because he or she is a United States national; + (3) the individual is being detained solely or + substantially to influence United States Government policy or + to secure economic or political concessions from the United + States Government; + (4) the detention appears to be because the individual + sought to obtain, exercise, defend, or promote freedom of the + press, freedom of religion, or the right to peacefully + assemble; + (5) the individual is being detained in violation of the + laws of the detaining country; + (6) independent nongovernmental organizations or + journalists have raised legitimate questions about the + innocence of the detained individual; + (7) the United States mission in the country where the + individual is being detained has received credible reports that + the detention is a pretext for an illegitimate purpose; + (8) the individual is detained in a country where the + Department of State has determined in its annual human rights + reports that the judicial system is not independent or + impartial, is susceptible to corruption, or is incapable of + rendering just verdicts; + (9) the individual is being detained in inhumane + conditions; + (10) due process of law has been sufficiently impaired so + as to render the detention arbitrary; and + (11) United States diplomatic engagement is likely + necessary to secure the release of the detained individual. + (b) Referrals to the Special Envoy.--Upon a determination by the +Secretary of State, based on the totality of the circumstances, that +there is credible information that the detention of a United States +national abroad is unlawful or wrongful, and regardless of whether the +detention is by a foreign government or a nongovernmental actor, the +Secretary shall transfer responsibility for such case from the Bureau +of Consular Affairs of the Department of State to the Special Envoy for +Hostage Affairs created pursuant to section 1299O-3. + (c) Report.-- + (1) Annual report.-- + (A) In general.--The Secretary of State shall + submit to the appropriate congressional committees an + annual report with respect to United States nationals + for whom the Secretary determines there is credible + information of unlawful or wrongful detention abroad. + (B) Form.--The report required under this paragraph + shall be submitted in unclassified form, but may + include a classified annex if necessary. + (2) Composition.--The report required under paragraph (1) + shall include current estimates of the number of individuals so + detained, as well as relevant information about particular + cases, such as-- + (A) the name of the individual, unless the + provision of such information is inconsistent with + section 552a of title 5, United States Code (commonly + known as the ``Privacy Act of 1974''); + (B) basic facts about the case; + (C) a summary of the information that such + individual may be detained unlawfully or wrongfully; + (D) a description of specific efforts, legal and + diplomatic, taken on behalf of the individual since the + last reporting period, including a description of + accomplishments and setbacks; and + (E) a description of intended next steps. + (d) Resource Guidance.-- + (1) Establishment.--Not later than 180 days after the date + of the enactment of this Act and after consulting with relevant + organizations that advocate on behalf of United States + nationals detained abroad and the Family Engagement Coordinator + established pursuant to section 1299O-4(c)(2), the Secretary of + State shall provide resource guidance in writing for government + officials and families of unjustly or wrongfully detained + individuals. + (2) Content.--The resource guidance required under + paragraph (1) should include-- + (A) information to help families understand United + States policy concerning the release of United States + nationals unlawfully or wrongfully held abroad; + (B) contact information for officials in the + Department of State or other government agencies suited + to answer family questions; + (C) relevant information about options available to + help families obtain the release of unjustly or + wrongfully detained individuals, such as guidance on + how families may engage with United States diplomatic + and consular channels to ensure prompt and regular + access for the detained individual to legal counsel, + family members, humane treatment, and other services; + (D) guidance on submitting public or private + letters from members of Congress or other individuals + who may be influential in securing the release of an + individual; and + (E) appropriate points of contacts, such as legal + resources and counseling services, who have a record of + assisting victims' families. + +SEC. 1299O-3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS. + + (a) Establishment.--There is within the office of the Secretary of +State a Special Presidential Envoy for Hostage Affairs. + (b) Responsibilities.--The Special Presidential Envoy for Hostage +Affairs, under the supervision of the Secretary of State, shall-- + (1) lead diplomatic engagement on United States hostage + policy; + (2) coordinate all diplomatic engagements in support of + hostage recovery efforts, in coordination with the Hostage + Recovery Fusion Cell and consistent with policy guidance + communicated through the Hostage Response Group; + (3) coordinate with the Hostage Recovery Fusion Cell + proposals for diplomatic engagements and strategy in support of + hostage recovery efforts; + (4) provide senior representation from the Special Envoy's + office to the Hostage Recovery Fusion Cell established under + section 1299O-4 and the Hostage Response Group established + under section 1299O-5; and + (5) in coordination with the Hostage Recovery Fusion Cell + as appropriate, coordinate diplomatic engagements regarding + cases in which a foreign government confirms that it has + detained a United States national but the United States + Government regards such detention as unlawful or wrongful. + +SEC. 1299O-4. HOSTAGE RECOVERY FUSION CELL. + + (a) Establishment.--The President shall establish an interagency +Hostage Recovery Fusion Cell. + (b) Participation.--The President shall direct the heads of each of +the following executive departments, agencies, and offices to make +available personnel to participate in the Hostage Recovery Fusion Cell: + (1) The Department of State. + (2) The Department of the Treasury. + (3) The Department of Defense. + (4) The Department of Justice. + (5) The Office of the Director of National Intelligence. + (6) The Federal Bureau of Investigation. + (7) The Central Intelligence Agency. + (8) Other agencies as the President, from time to time, may + designate. + (c) Personnel.--The Hostage Recovery Fusion Cell shall include-- + (1) a Director, who shall be a full-time senior officer or + employee of the United States Government; + (2) a Family Engagement Coordinator who shall-- + (A) work to ensure that all interactions by + executive branch officials with a hostage's family + occur in a coordinated fashion and that the family + receives consistent and accurate information from the + United States Government; and + (B) if directed, perform the same function as set + out in subparagraph (A) with regard to the family of a + United States national who is unlawfully or wrongfully + detained abroad; and + (3) other officers and employees as deemed appropriate by + the President. + (d) Duties.--The Hostage Recovery Fusion Cell shall-- + (1) coordinate efforts by participating agencies to ensure + that all relevant information, expertise, and resources are + brought to bear to secure the safe recovery of United States + nationals held hostage abroad; + (2) if directed, coordinate the United States Government's + response to other hostage-takings occurring abroad in which the + United States has a national interest; + (3) if directed, coordinate or assist the United States + Government's response to help secure the release of United + States nationals unlawfully or wrongfully detained abroad; and + (4) pursuant to policy guidance coordinated through the + National Security Council-- + (A) identify and recommend hostage recovery options + and strategies to the President through the National + Security Council or the Deputies Committee of the + National Security Council; + (B) coordinate efforts by participating agencies to + ensure that information regarding hostage events, + including potential recovery options and engagements + with families and external actors (including foreign + governments), is appropriately shared within the United + States Government to facilitate a coordinated response + to a hostage-taking; + (C) assess and track all hostage-takings of United + States nationals abroad and provide regular reports to + the President and Congress on the status of such cases + and any measures being taken toward the hostages' safe + recovery; + (D) provide a forum for intelligence sharing and, + with the support of the Director of National + Intelligence, coordinate the declassification of + relevant information; + (E) coordinate efforts by participating agencies to + provide appropriate support and assistance to hostages + and their families in a coordinated and consistent + manner and to provide families with timely information + regarding significant events in their cases; + (F) make recommendations to agencies in order to + reduce the likelihood of United States nationals' being + taken hostage abroad and enhance United States + Government preparation to maximize the probability of a + favorable outcome following a hostage-taking; and + (G) coordinate with agencies regarding + congressional, media, and other public inquiries + pertaining to hostage events. + (e) Administration.--The Hostage Recovery Fusion Cell shall be +located within the Federal Bureau of Investigation for administrative +purposes. + +SEC. 1299O-5. HOSTAGE RESPONSE GROUP. + + (a) Establishment.--The President shall establish a Hostage +Response Group, chaired by a designated member of the National Security +Council or the Deputies Committee of the National Security Council, to +be convened on a regular basis, to further the safe recovery of United +States nationals held hostage abroad or unlawfully or wrongfully +detained abroad, and to be tasked with coordinating the United States +Government response to other hostage-takings occurring abroad in which +the United States has a national interest. + (b) Membership.--The regular members of the Hostage Response Group +shall include the Director of the Hostage Recovery Fusion Cell, the +Hostage Recovery Fusion Cell's Family Engagement Coordinator, the +Special Envoy appointed pursuant to section 1299O-3, and +representatives from the Department of the Treasury, the Department of +Defense, the Department of Justice, the Federal Bureau of +Investigation, the Office of the Director of National Intelligence, the +Central Intelligence Agency, and other agencies as the President, from +time to time, may designate. + (c) Duties.--The Hostage Recovery Group shall-- + (1) identify and recommend hostage recovery options and + strategies to the President through the National Security + Council; + (2) coordinate the development and implementation of United + States hostage recovery policies, strategies, and procedures; + (3) receive regular updates from the Hostage Recovery + Fusion Cell and the Special Envoy for Hostage Affairs on the + status of United States nationals being held hostage or + unlawfully or wrongfully detained abroad and measures being + taken to effect safe recoveries; + (4) coordinate the provision of policy guidance to the + Hostage Recovery Fusion Cell, including reviewing recovery + options proposed by the Hostage Recovery Fusion Cell and + working to resolve disputes within the Hostage Recovery Fusion + Cell; + (5) as appropriate, direct the use of resources at the + Hostage Recovery Fusion Cell to coordinate or assist in the + safe recovery of United States nationals unlawfully or + wrongfully detained abroad; and + (6) as appropriate, direct the use of resources at the + Hostage Recovery Fusion Cell to coordinate the United States + Government response to other hostage-takings occurring abroad + in which the United States has a national interest. + (d) Meetings.--The Hostage Response Group shall meet regularly. + (e) Reporting.--The Hostage Response Group shall regularly provide +recommendations on hostage recovery options and strategies to the +National Security Council. + +SEC. 1299O-6. AUTHORIZATION OF IMPOSITION OF SANCTIONS. + + (a) In General.--The President may impose the sanctions described +in subsection (b) with respect to any foreign person the President +determines, based on credible evidence-- + (1) is responsible for or is complicit in, or responsible + for ordering, controlling, or otherwise directing, the hostage- + taking of a United States national abroad or the unlawful or + wrongful detention of a United States national abroad; or + (2) knowingly provides financial, material, or + technological support for, or goods or services in support of, + an activity described in paragraph (1). + (b) Sanctions Described.--The sanctions described in this +subsection are the following: + (1) Ineligibility for visas, admission, or parole.-- + (A) Visas, admission, or parole.--An alien + described in subsection (a) may be-- + (i) inadmissible to the United States; + (ii) ineligible to receive a visa or other + documentation to enter the United States; and + (iii) otherwise ineligible to be admitted + or paroled into the United States or to receive + any other benefit under the Immigration and + Nationality Act (8 U.S.C. 1101 et seq.). + (B) Current visas revoked.-- + (i) In general.--An alien described in + subsection (a) may be subject to revocation of + any visa or other entry documentation + regardless of when the visa or other entry + documentation is or was issued. + (ii) Immediate effect.--A revocation under + clause (i) may-- + (I) take effect immediately; and + (II) cancel any other valid visa or + entry documentation that is in the + alien's possession. + (2) Blocking of property.-- + (A) In general.--The President may exercise all of + the powers granted to the President under the + International Emergency Economic Powers Act (50 U.S.C. + 1701 et seq.), to the extent necessary to block and + prohibit all transactions in property and interests in + property of a foreign person described in subsection + (a) if such property and interests in property are in + the United States, come within the United States, or + are or come within the possession or control of a + United States person. + (B) Inapplicability of national emergency + requirement.--The requirements of section 202 of the + International Emergency Economic Powers Act (50 U.S.C. + 1701) shall not apply for purposes of this section. + (c) Exceptions.-- + (1) Exception for intelligence activities.--Sanctions under + this section shall not apply to any activity subject to the + reporting requirements under title V of the National Security + Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized + intelligence activities of the United States. + (2) Exception to comply with international obligations and + for law enforcement activities.--Sanctions under subsection + (b)(1) shall not apply with respect to an alien if admitting or + paroling the alien into the United States is necessary-- + (A) to permit the United States to comply with the + Agreement regarding the Headquarters of the United + Nations, signed at Lake Success June 26, 1947, and + entered into force November 21, 1947, between the + United Nations and the United States, or other + applicable international obligations; or + (B) to carry out or assist law enforcement activity + in the United States. + (d) Penalties.--A person that violates, attempts to violate, +conspires to violate, or causes a violation of subsection (b)(2) or any +regulation, license, or order issued to carry out that subsection shall +be subject to the penalties set forth in subsections (b) and (c) of +section 206 of the International Emergency Economic Powers Act (50 +U.S.C. 1705) to the same extent as a person that commits an unlawful +act described in subsection (a) of that section. + (e) Termination of Sanctions.--The President may terminate the +application of sanctions under this section with respect to a person if +the President determines that-- + (1) information exists that the person did not engage in + the activity for which sanctions were imposed; + (2) the person has been prosecuted appropriately for the + activity for which sanctions were imposed; + (3) the person has credibly demonstrated a significant + change in behavior, has paid an appropriate consequence for the + activity for which sanctions were imposed, and has credibly + committed to not engage in an activity described in subsection + (a) in the future; or + (4) the termination of the sanctions is in the national + security interests of the United States. + (f) Reporting Requirement.--If the President terminates sanctions +pursuant to subsection (d), the President shall report to the +appropriate congressional committees a written justification for such +termination within 15 days. + (g) Implementation of Regulatory Authority.--The President may +exercise all authorities provided under sections 203 and 205 of the +International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) +to carry out this section. + (h) Exception Relating to Importation of Goods.-- + (1) In general.--The authorities and requirements to impose + sanctions authorized under this section shall not include the + authority or a requirement to impose sanctions on the + importation of goods. + (2) Good defined.--In this subsection, the term ``good'' + means any article, natural or manmade substance, material, + supply or manufactured product, including inspection and test + equipment, and excluding technical data. + (i) Definitions.--In this section: + (1) Foreign person.--The term ``foreign person'' means-- + (A) any citizen or national of a foreign country + (including any such individual who is also a citizen or + national of the United States); or + (B) any entity not organized solely under the laws + of the United States or existing solely in the United + States. + (2) United states person.--The term ``United States + person'' means-- + (A) an individual who is a United States citizen or + an alien lawfully admitted for permanent residence to + the United States; + (B) an entity organized under the laws of the + United States or any jurisdiction within the United + States, including a foreign branch of such an entity; + or + (C) any person in the United States. + +SEC. 1299O-7. DEFINITIONS. + + In this subtitle: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Relations, the + Committee on Appropriations, the Committee on Banking, + Housing, and Urban Affairs, the Committee on the + Judiciary, the Committee on Armed Services, and the + Select Committee on Intelligence of the United States + Senate; and + (B) the Committee on Foreign Affairs, the Committee + on Appropriations, the Committee on Financial Services, + the Committee on the Judiciary, the Committee on Armed + Services, and the Permanent Select Committee on + Intelligence of the House of Representatives. + (2) United states national.--The term ``United States + national'' means-- + (A) a United States national as defined in section + 101(a)(22) or section 308 of the Immigration and + Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); + and + (B) a lawful permanent resident alien with + significant ties to the United States. + +SEC. 1299O-8. RULE OF CONSTRUCTION. + + Nothing in this subtitle may be construed to authorize a private +right of action. + + Subtitle K--Matters Relating to the Northern Triangle + +SEC. 1299P-1. ACTIONS TO ADVANCE PROSPERITY IN THE NORTHERN TRIANGLE. + + (a) Secretary of State Prioritization.--The Secretary of State +shall prioritize prosperity in the Northern Triangle countries by +carrying out the following initiatives: + (1) Supporting market-based solutions to eliminate + constraints to inclusive economic growth, including through + support for increased digital connectivity and the use of + financial technology, and private sector and civil society-led + efforts to create jobs and foster economic prosperity. + (2) Addressing underlying causes of poverty and inequality, + including by improving nutrition and food security, providing + health resources and access to clean water, sanitation, + hygiene, and shelter, and improving livelihoods. + (3) Responding to immediate humanitarian needs by + increasing humanitarian assistance, including through access to + clean water, sanitation, hygiene, and shelter, improving + livelihoods, and by providing health resources and improving + nutrition and food security. + (4) Supporting conservation and community resilience and + strengthening community preparedness for natural disasters and + other external shocks. + (5) Identifying, as appropriate, a role for the United + States International Development Finance Corporation, the + Millennium Challenge Corporation (MCC), the United States + Agency for International Development, and the United States + private sector in supporting efforts to increase private sector + investment and strengthen economic prosperity. + (6) Expanding comprehensive reintegration mechanisms for + repatriated individuals once returned to their countries of + origin and supporting efforts by the private sector to hire and + train eligible returnees. + (7) Establishing monitoring and verification services to + determine the well-being of repatriated children in order to + determine if United States protection and screening functioned + effectively in identifying persecuted and trafficked children. + (8) Supporting efforts to increase domestic resource + mobilization, including through strengthening of tax collection + and enforcement and legal arbitration mechanisms. + (b) Strategy.-- + (1) Elements.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of State, in + coordination with the Administrator of the United States Agency + for International Development, the President and Chief + Executive Officer of the Inter-American Foundation, the + Director of the United States Trade and Development Agency, the + Chief Executive Officer of the United States International + Development Finance Corporation, and the heads of other + relevant Federal agencies, shall submit to the appropriate + congressional committees a 5-year strategy to prioritize + prosperity in the Northern Triangle countries by carrying out + the initiatives described in subsection (a). + (2) Consultation.--In developing the strategy required + under paragraph (1), the Secretary of State shall consult with + nongovernmental organizations in the Northern Triangle + countries and the United States. + (3) Benchmarks.--The strategy required under paragraph (1) + shall include annual benchmarks to track the strategy's + progress in curbing irregular migration from the Northern + Triangle to the United States. + (4) Public diplomacy.--The strategy required under + paragraph (1) shall include a public diplomacy strategy for + educating citizens of the Northern Triangle countries about + United States assistance and its benefits to them, and + informing such citizens of the dangers of illegal migration to + the United States. + (5) Annual progress updates.--Not later than 1 year after + the submission of the strategy required under paragraph (1) and + annually thereafter for 4 years, the Secretary of State shall + provide the appropriate congressional committees with a written + description of progress made in meeting the benchmarks + established in the strategy. + (6) Public availability.--The strategy required under + paragraph (1) shall be made publicly available on the website + of the Department of State. + (c) Report on Establishing an Investment Fund for the Northern +Triangle Countries and Southern Mexico.--Not later than 180 days after +the date of the enactment of this Act, the Chief Executive Officer of +the United States International Development Finance Corporation shall +submit to the appropriate congressional committees a detailed report +assessing the feasibility, costs, and benefits of the Corporation +establishing an investment fund to promote economic and social +development in the Northern Triangle countries and southern Mexico. + +SEC. 1299P-2. ACTIONS TO COMBAT CORRUPTION IN THE NORTHERN TRIANGLE. + + (a) Secretary of State Prioritization.--The Secretary of State +shall prioritize efforts to combat corruption in the Northern Triangle +countries by carrying out the following initiatives: + (1) Supporting anticorruption efforts, including by + strengthening national justice systems and attorneys general, + providing technical assistance to identify and prosecute money + laundering and other financial crimes, breaking up financial + holdings of organized criminal syndicates, including illegally + acquired lands and proceeds from illegal activities, and + supporting independent media and investigative reporting. + (2) Supporting anticorruption efforts through bilateral + assistance and complementary support through multilateral + anticorruption mechanisms when necessary. + (3) Encouraging cooperation agreements between the + Department of State and relevant United States Government + agencies and attorneys general to fight corruption. + (4) Supporting efforts to strengthen special prosecutorial + offices and financial institutions to combat corruption, money + laundering, financial crimes, extortion, human rights crimes, + asset forfeiture, and criminal analysis. + (5) Supporting initiatives to advance judicial integrity + and improve security for members of the judicial sector. + (6) Supporting transparent, merit-based selection processes + for prosecutors and judges and the development of professional + and merit-based civil services. + (7) Supporting the establishment or strengthening of + methods, procedures, and expectations for internal and external + control mechanisms for the security and police services and + judiciary. + (8) Supporting the adoption of appropriate technologies to + combat corruption in public finance. + (b) Strategy.-- + (1) Elements.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of State, in + coordination with the Administrator of the United States Agency + for International Development and the heads of other relevant + Federal agencies, shall submit to the appropriate congressional + committees a 5-year strategy to combat corruption in the + Northern Triangle countries by carrying out the initiatives + described in subsection (a). + (2) Consultation.--In developing the strategy required + under paragraph (1), the Secretary of State shall consult with + nongovernmental organizations in the Northern Triangle + countries and the United States. + (3) Benchmarks.--The strategy required under paragraph (1) + shall include annual benchmarks to track the strategy's + progress in curbing irregular migration from the Northern + Triangle to the United States. + (4) Public diplomacy.--The strategy required under + paragraph (1) shall include a public diplomacy strategy for + educating citizens of the Northern Triangle countries about + United States assistance and its benefits to them, and + informing such citizens of the dangers of illegal migration to + the United States. + (5) Annual progress updates.--Not later than 1 year after + the submission of the strategy required under paragraph (1) and + annually thereafter for 4 years, the Secretary of State shall + provide the appropriate congressional committees with a written + description of progress made in meeting the benchmarks + established in the strategy. + (6) Public availability.--The strategy required under + paragraph (1) shall be made publicly available on the website + of the Department of State. + (c) Designation of a Senior Rule of Law Advisor for the Northern +Triangle in the Bureau of Western Hemisphere Affairs.--The Secretary of +State shall designate in the Bureau of Western Hemisphere Affairs of +the Department of State a Senior Rule of Law Advisor for the Northern +Triangle who shall lead diplomatic engagement with the Northern +Triangle countries in support of democratic governance, anticorruption +efforts, and the rule of law in all aspects of United States policy +towards the countries of the Northern Triangle, including carrying out +the initiatives described in subsection (a) and developing the strategy +required under subsection (b). The individual designated in accordance +with this subsection shall be a Department of State employee in the +Bureau of Western Hemisphere Affairs. + +SEC. 1299P-3. ACTIONS TO STRENGTHEN DEMOCRATIC INSTITUTIONS IN THE + NORTHERN TRIANGLE. + + (a) Secretary of State Prioritization.--The Secretary of State +shall prioritize strengthening democratic institutions, good +governance, human rights, and the rule of law in the Northern Triangle +countries by carrying out the following initiatives: + (1) Providing support to strengthen government institutions + and actors at the local and national levels to provide services + and respond to citizen needs through transparent, inclusive, + and democratic processes. + (2) Supporting efforts to strengthen access to information + laws and reform laws that currently limit access to + information. + (3) Financing efforts to build the capacity of independent + media with a specific focus on professional investigative + journalism. + (4) Ensuring that threats and attacks on journalists and + human rights defenders are fully investigated and perpetrators + are held accountable. + (5) Developing the capacity of civil society to conduct + oversight and accountability mechanisms at the national and + local levels. + (6) Training political actors committed to democratic + principles. + (7) Strengthening electoral institutions and processes to + ensure free, fair, and transparent elections. + (8) Advancing conservation principles and the rule of law + to address multiple factors, including the impacts of illegal + cattle ranching and smuggling as drivers of deforestation. + (b) Strategy.-- + (1) Elements.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of State, in + coordination with the Administrator of the United States Agency + for International Development and the heads of other relevant + Federal agencies, shall submit to the appropriate congressional + committees a strategy to support democratic governance in the + Northern Triangle countries by carrying out the initiatives + described in subsection (a). + (2) Consultation.--In developing the strategy required + under paragraph (1), the Secretary of State shall consult with + nongovernmental organizations in the Northern Triangle + countries and the United States. + (3) Benchmarks.--The strategy required under paragraph (1) + shall include annual benchmarks to track the strategy's + progress in curbing irregular migration from the Northern + Triangle to the United States. + (4) Public diplomacy.--The strategy required under + paragraph (1) shall include a public diplomacy strategy for + educating citizens of the Northern Triangle countries about + United States assistance and its benefits to them, and + informing such citizens of the dangers of illegal migration to + the United States. + (5) Annual progress updates.--Not later than 1 year after + the submission of the strategy required under paragraph (1) and + annually thereafter for 4 years, the Secretary of State shall + provide the appropriate congressional committees with a written + description of progress made in meeting the benchmarks + established in the strategy. + (6) Public availability.--The strategy required under + paragraph (1) shall be made publicly available on the website + of the Department of State. + +SEC. 1299P-4. ACTIONS TO IMPROVE SECURITY CONDITIONS IN THE NORTHERN + TRIANGLE. + + (a) Secretary of State Prioritization.--The Secretary of State +shall prioritize security in the Northern Triangle countries by +carrying out the following initiatives: + (1) Implementing the Central America Regional Security + Initiative of the Department of State. + (2) Continuing the vetting and professionalization of + security services, including the civilian police and military + units. + (3) Supporting efforts to combat the illicit activities of + criminal gangs and transnational criminal organizations, + including MS-13 and the 18th Street Gang, through support to + fully vetted elements of attorneys general offices, appropriate + government institutions, and security services. + (4) Supporting training for fully vetted civilian police + and appropriate security services in criminal investigations, + best practices for citizen security, and human rights. + (5) Providing capacity-building to relevant security + services and attorneys general to support counternarcotics + efforts and combat human trafficking, forcible recruitment of + children and youth by gangs, gender-based violence, and other + illicit activities, including trafficking of wildlife, and + natural resources. + (6) Encouraging collaboration with regional and + international partners in implementing security assistance, + including by supporting cross-border information sharing on + gangs and transnational criminal organizations. + (7) Providing equipment, technology, tools, and training to + security services to assist in border and port inspections. + (8) Providing equipment, technology, tools, and training to + assist security services in counternarcotics and other efforts + to combat illicit activities. + (9) Continuing information sharing regarding known or + suspected terrorists and other individuals and entities that + pose a potential threat to United States national security that + are crossing through or residing in the Northern Triangle. + (10) Supporting information sharing on gangs and + transnational criminal organizations between relevant Federal, + State, and local law enforcement and the governments of the + Northern Triangle countries. + (11) Considering the use of assets and resources of United + States State and local government entities, as appropriate, to + support the activities described in this subsection. + (12) Providing thorough end-use monitoring of equipment, + technology, tools, and training provided pursuant to this + subsection. + (b) Strategy.-- + (1) Elements.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of State, in + coordination with the Administrator of the United States Agency + for International Development and the heads of other relevant + Federal agencies, shall submit to the appropriate congressional + committees a 5-year strategy to prioritize the improvement of + security in the Northern Triangle countries by carrying out the + initiatives described in subsection (a). + (2) Consultation.--In developing the strategy required + under paragraph (1), the Secretary of State shall consult with + nongovernmental organizations in the Northern Triangle + countries and the United States. + (3) Benchmarks.--The strategy required under paragraph (1) + shall include annual benchmarks to track the strategy's + progress in curbing irregular migration from the Northern + Triangle to the United States. + (4) Public diplomacy.--The strategy required under + paragraph (1) shall include a public diplomacy strategy for + educating citizens of the Northern Triangle countries about + United States assistance and its benefits to them, and + informing such citizens of the dangers of illegal migration to + the United States. + (5) Annual progress updates.--Not later than 1 year after + the submission of the strategy required under paragraph (1) and + annually thereafter for 4 years, the Secretary of State shall + provide the appropriate congressional committees with a written + description of progress made in meeting the benchmarks + established in the strategy. + (6) Public availability.--The strategy required under + paragraph (1) shall be made publicly available on the website + of the Department of State. + (c) Women and Children Protection Compacts.-- + (1) In general.--The President, in consultation with the + Secretary of State, the Administrator of the United States + Agency for International Development, and the heads of other + relevant Federal departments or agencies, is authorized to + enter into bilateral agreements with one or more of the + Governments of El Salvador, Guatemala, or Honduras to provide + United States assistance for the purposes of-- + (A) strengthening the capacity of the justice + systems in such countries to protect women and children + fleeing domestic, gang, or drug violence and to serve + victims of domestic violence, sexual assault, + trafficking, or child abuse or neglect, including by + strengthening the capacity of such systems to hold + perpetrators accountable; and + (B) creating, securing, and sustaining safe + communities and schools in such countries, by building + on current approaches to prevent and deter violence + against women and children in such communities or + schools. + (2) Requirements.--An agreement under the authority + provided by paragraph (1)-- + (A) shall establish a 3- to 6-year plan to achieve + the objectives described in subparagraphs (A) and (B) + of such paragraph; + (B) shall include measurable goals and indicators + with respect to such objectives; + (C) may not provide for any United States + assistance to be made available directly to any of the + governments of El Salvador, Guatemala, or Honduras; and + (D) may be suspended or terminated with respect to + a country or an entity receiving assistance pursuant to + the agreement, if the Secretary of State determines + that such country or entity has failed to make + sufficient progress towards the goals of the Compact. + +SEC. 1299P-5. TARGETED SANCTIONS TO FIGHT CORRUPTION IN THE NORTHERN + TRIANGLE. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) corruption in the Northern Triangle countries by + private citizens and select officials in local, regional, and + Federal governments significantly damages the economies of such + countries and deprives citizens of opportunities; + (2) corruption in the Northern Triangle is facilitated and + carried out not only by private citizens and select officials + from those countries but also in many instances by individuals + from third countries; and + (3) imposing targeted sanctions on individuals from + throughout the world and particularly in the Western Hemisphere + who are engaged in acts of significant corruption that impact + the Northern Triangle countries or obstruction of + investigations into such acts of corruption will benefit the + citizens and governments of such countries. + (b) Imposition of Sanctions.--The President shall impose the +sanctions described in subsection (c) with respect to a foreign person +who the President determines on or after the date of the enactment of +this Act to have knowingly engaged in significant corruption or +obstruction of investigations into such acts of corruption in a +Northern Triangle country, including the following: + (1) Corruption related to government contracts. + (2) Bribery and extortion. + (3) The facilitation or transfer of the proceeds of + corruption, including through money laundering. + (4) Acts of violence, harassment, or intimidation directed + at governmental and non-governmental corruption investigators. + (c) Sanctions Described.-- + (1) In general.--The sanctions described in this subsection + are the following: + (A) Asset blocking.--The blocking, in accordance + with the International Emergency Economic Powers Act + (50 U.S.C. 1701 et seq.), of all transactions in all + property and interests in property of a foreign person + if such property and interests in property are in the + United States, come within the United States, or are or + come within the possession or control of a United + States person. + (B) Ineligibility for visas and admission to the + united states.--In the case of a foreign person who is + an individual, such foreign person is-- + (i) inadmissible to the United States; + (ii) ineligible to receive a visa or other + documentation to enter the United States; and + (iii) otherwise ineligible to be admitted + or paroled into the United States or to receive + any other benefit under the Immigration and + Nationality Act (8 U.S.C. 1101 et seq.). + (C) Current visas revoked.-- + (i) In general.--The issuing consular + officer or the Secretary of State, (or a + designee of the Secretary of State) shall, in + accordance with section 221(i) of the + Immigration and Nationality Act (8 U.S.C. + 1201(i)), revoke any visa or other entry + documentation issued to a foreign person + regardless of when the visa or other entry + documentation is issued. + (ii) Effect of revocation.--A revocation + under clause (i) shall-- + (I) take effect immediately; and + (II) automatically cancel any other + valid visa or entry documentation that + is in the foreign person's possession. + (2) Penalties.--A person that violates, attempts to + violate, conspires to violate, or causes a violation of a + measure imposed pursuant to paragraph (1)(A) or any regulation, + license, or order issued to carry out such paragraph shall be + subject to the penalties specified in subsections (b) and (c) + of section 206 of the International Emergency Economic Powers + Act (50 U.S.C. 1705) to the same extent as a person that + commits an unlawful act described in subsection (a) of such + section. + (3) Exception to comply with international obligations.-- + Sanctions under subparagraph (B) and (C) of paragraph (1) shall + not apply with respect to a foreign person if admitting or + paroling such person into the United States is necessary to + permit the United States to comply with the Agreement regarding + the Headquarters of the United Nations, signed at Lake Success + June 26, 1947, and entered into force November 21, 1947, + between the United Nations and the United States, or other + applicable international obligations. + (d) Implementation; Regulatory Authority.-- + (1) Implementation.--The President may exercise all + authorities provided under sections 203 and 205 of the + International Emergency Economic Powers Act (50 U.S.C. 1702 and + 1704) to carry out this section. + (2) Regulatory authority.--The President shall issue such + regulations, licenses, and orders as are necessary to carry out + this section. + (e) National Interest Waiver.--The President may waive the +application of the sanctions under subsection (c) if the President-- + (1) determines that such a waiver is in the national + interest of the United States; and + (2) submits to the appropriate congressional committees a + notice of and justification for the waiver. + (f) Termination.--The authority to impose sanctions under +subsection (b), and any sanctions imposed pursuant to such authority, +shall expire on the date that is 3 years after the date of the +enactment of this Act. + (g) Exception Relating to Importation of Goods.--The authorities +and requirements to impose sanctions authorized under this Act shall +not include the authority or requirement to impose sanctions on the +importation of goods. + (h) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs, the Committee + on the Judiciary, and the Committee on Financial + Services of the House of Representatives; and + (B) the Committee on Foreign Relations, the + Committee on the Judiciary, and the Committee on + Banking, Housing, and Urban Affairs of the Senate. + (2) Good.--The term ``good'' means any article, natural or + man-made substance, material, supply or manufactured product, + including inspection and test equipment, and excluding + technical data. + (3) Person from a northern triangle country.--The term + ``person from a Northern Triangle country'' means-- + (A) a citizen of a Northern Triangle country; or + (B) an entity organized under the laws of a + Northern Triangle country or any jurisdiction within a + Northern Triangle country. + +SEC. 1299P-6. DEFINITIONS. + + In this subtitle: + (1) Appropriate congressional committees.--Except as + otherwise provided, the term ``appropriate congressional + committees'' means-- + (A) the Committee on Foreign Affairs and the + Committee on Appropriations of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on Appropriations of the Senate. + (2) Northern triangle.--The term ``Northern Triangle'' + means the region of Central America that encompasses the + countries of El Salvador, Guatemala, and Honduras. + (3) Northern triangle countries.--The term ``Northern + Triangle countries'' means the countries of El Salvador, + Guatemala, and Honduras. + (4) Transnational criminal organization.--The term + ``transnational criminal organization'' has the meaning given + the term ``significant transnational criminal organization'' in + Executive Order No. 13581 (July 24, 2011). + + Subtitle L--Additional Matters Relating to NATO Allies and Partners + +SEC. 1299Q-1. FOREIGN MILITARY LOAN AUTHORITY. + + (a) In General.--Beginning in fiscal year 2021, subject to the +notification requirements under subsection (b) and to the availability +of appropriations, the President, acting through the Secretary of +State, is authorized-- + (1) to make direct loans under section 23 of the Arms + Export Control Act (22 U.S.C. 2763) to NATO member countries + that joined the alliance after March 1, 1999, notwithstanding + the minimum interest rate required by subsection (c)(1) of such + section; and + (2) to charge fees for such loans under paragraph (1), + which shall be collected from borrowers in accordance with + section 502(7) of the Congressional Budget Act of 1974 and + which may be used to cover the costs of such loans as defined + in section 502 of the Congressional Budget Act of 1974. + (b) Notification.--A loan may not be made under the authority +provided by subsection (a) unless the Secretary of State submits to the +appropriate congressional committees a certification, not fewer than 15 +days before entering into an agreement to make such loan, that-- + (1) the recipient country is making demonstrable progress + toward meeting its defense spending commitments in accordance + with the 2014 NATO Wales Summit Declaration; and + (2) the government of such recipient country is respecting + that country's constitution and upholds democratic values such + as freedom of religion, freedom of speech, freedom of the + press, the rule of law, and the rights of religious minorities. + (c) Repayment.--A loan made under the authority provided by +subsection (a) shall be repaid in not more than 12 years, but may +include a grace period of up to 1 year on the repayment of the +principal. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs and the Committee on + Appropriations of the House of Representatives; and + (2) the Committee on Foreign Relations and the Committee on + Appropriations of the Senate. + +SEC. 1299Q-2. AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION ON + FOREIGN ELECTION INTERFERENCE. + + Section 36 of the State Department Basic Authorities Act of 1956 +(22 U.S.C. 2708) is amended-- + (1) in subsection (a)(2), by inserting ``foreign election + interference,'' before ``transnational organized crime''; + (2) in subsection (b)-- + (A) in paragraph (5), by striking ``or (10)'' and + inserting ``(10), or (13)''; + (B) in paragraph (11), by striking ``or'' after the + semicolon at the end; + (C) in paragraph (12)-- + (i) by striking ``sections'' and inserting + ``section''; + (ii) by striking ``or (b)(1)'' and + inserting ``or 2914(b)(1)''; and + (iii) by striking the period at the end and + inserting ``; or''; and + (D) by adding at the end the following new + paragraph: + ``(13) the identification or location of a foreign person + that knowingly engaged or is engaging in foreign election + interference.''; and + (3) in subsection (k)-- + (A) by redesignating paragraphs (3) through (8) as + paragraphs (5) through (10), respectively; + (B) by inserting after paragraph (2) the following + new paragraphs: + ``(3) Foreign person.--The term `foreign person' means-- + ``(A) an individual who is not a United States + person; or + ``(B) a foreign entity. + ``(4) Foreign election interference.--The term `foreign + election interference' means conduct by a foreign person that-- + ``(A)(i) violates Federal criminal, voting rights, + or campaign finance law; or + ``(ii) is performed by any person acting as an + agent of or on behalf of a foreign government or + criminal enterprise; and + ``(B) includes any covert, fraudulent, deceptive, + or unlawful act or attempted act, or knowing use of + information acquired by theft, undertaken with the + purpose or effect of undermining public confidence in + election processes or institutions, or influencing, + undermining confidence in, or altering the result or + reported result of, a general or primary Federal, + State, or local election or caucus, including-- + ``(i) the campaign of a candidate; or + ``(ii) a ballot measure, including an + amendment, a bond issue, an initiative, a + recall, a referral, or a referendum.''; and + (C) in paragraph (10), as so redesignated, in + subparagraph (A), by striking ``and'' after the + semicolon and inserting ``or''. + +SEC. 1299Q-3. REPORT ON NATO MEMBER CONTRIBUTIONS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, in coordination with the +Administrator of the United States Agency for International +Development, the Secretary of Defense, and the Director of National +Intelligence, shall submit to the appropriate congressional committees +a report, in classified form but with an unclassified annex, that +provides an accounting in United States dollars and assesses the +contributions of NATO member countries to the security of the alliance. + (b) Matters To Be Included.-- The report required by subsection (a) +shall also include the following with respect to each member country: + (1) Data for the following categories from 2014 through + 2019: + (A) Defense spending as a percentage of gross + domestic product (GDP). + (B) Year-to-year percent change in defense spending + as a percentage of GDP. + (C) Percentage of defense spending spent on major + equipment. + (D) Year-to-year percent change in equipment + spending as a percentage of defense spending. + (E) Total security assistance or equivalent + assistance to other NATO member countries or members of + the NATO Partnership for Peace program. + (F) Total economic and development assistance or + equivalent assistance to critical NATO partners, such + as Ukraine, Georgia, Bosnia and Herzegovina, Kosovo, + Moldova, and others. + (2) Participation in or contributions to United States or + NATO-led missions, exercises, and combat and non-combat + operations since March 24, 1999, such as the following: + (A) NATO's Enhanced Forward Presence. + (B) Global Coalition Against ISIS. + (C) NATO's Very High Readiness Joint Task Force. + (D) Operations in Afghanistan. + (3) Efforts to improve domestic conditions to facilitate + military mobility in Europe, including relevant infrastructure + and legal and regulatory conditions. + (4) Financial costs and benefits of the host countries of + United States forces in Europe, including permanent basing. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs and the Committee on + Armed Services of the House of Representatives; and + (2) the Committee on Foreign Relations and the Committee on + Armed Services of the Senate. + +SEC. 1299Q-4. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF + MILITARY FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY + ASSISTANCE. + + (a) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense and the Secretary of +State shall jointly submit a report to the appropriate committees of +Congress on the capability and capacity requirements of the military +forces of the Government of Ukraine, which shall include the following: + (1) An identification of the capability gaps and capacity + shortfalls of the military of Ukraine, including-- + (A) an assessment of the requirements of the + Ukrainian navy to accomplish its assigned missions; and + (B) an assessment of the requirements of the + Ukrainian air force to accomplish its assigned + missions. + (2) An assessment of the relative priority assigned by the + Government of Ukraine to addressing such capability gaps and + capacity shortfalls. + (3) An assessment of the capability gaps and capacity + shortfalls that-- + (A) could be addressed in a sufficient and timely + manner by unilateral efforts of the Government of + Ukraine; or + (B) are unlikely to be addressed in a sufficient + and timely manner solely through unilateral efforts. + (4) An assessment of the capability gaps and capacity + shortfalls described in paragraph (3)(B) that could be + addressed in a sufficient and timely manner by-- + (A) the Ukraine Security Assistance Initiative of + the Department of Defense; + (B) Department of Defense security assistance + authorized by section 333 of title 10, United States + Code; + (C) the Foreign Military Financing and Foreign + Military Sales programs of the Department of State; or + (D) the provision of excess defense articles + pursuant to the requirements of the Arms Export Control + Act (22 U.S.C. 2751 et seq.). + (5) An assessment of the human resource requirements of the + Office of Defense Cooperation at the United States Embassy in + Kyiv and any gaps in its capacity to transmit and facilitate + security assistance to Ukraine. + (6) Any recommendations the Secretaries deem appropriate + concerning coordination of security assistance efforts of the + Department of Defense and Department of State with respect to + Ukraine. + (b) Resource Plan.--Not later than February 15, 2022, the Secretary +of State and Secretary of Defense shall jointly submit a report on +resourcing United States security assistance with respect to Ukraine, +which shall include the following: + (1) A plan to resource the following initiatives and + programs with respect to Ukraine in fiscal year 2023 and the + four succeeding fiscal years to meet the most critical + capability gaps and capacity shortfalls of the military forces + of Ukraine: + (A) The Ukraine Security Assistance Initiative of + the Department of Defense. + (B) Department of Defense security assistance + authorized by section 333 of title 10, United States + Code. + (C) The Foreign Military Financing and Foreign + Military Sales programs of the Department of State. + (D) The provision of excess defense articles + pursuant to the requirements of the Arms Export Control + Act (22 U.S.C. 2751 et seq.). + (2) With respect to the Ukrainian navy: + (A) A capability development plan, with milestones, + describing the manner in which the United States will + assist the Government of Ukraine in meeting the + requirements described in subsection (a)(1)(A). + (B) A plan for United States cooperation with third + countries and international organizations that have the + resources and ability to provide immediate assistance + to the Ukrainian navy, while maintaining + interoperability with United States platforms to the + greatest extent feasible. + (C) A plan to prioritize Excess Defense Articles + for the Ukrainian navy to the maximum extent + practicable during the time period described in + paragraph (1). + (D) An assessment of how United States security + assistance to the Ukrainian navy is in the national + security interests of the United States. + (3) With respect to the Ukrainian air force-- + (A) a capability development plan, with milestones, + detailing how the United States will assist the + Government of Ukraine in meeting the requirements + described in subsection (a)(1)(B); + (B) a plan for United States cooperation with third + countries and international organizations that have the + resources and ability to provide immediate assistance + to the Ukrainian air force, while maintaining + interoperability with United States platforms to the + greatest extent feasible; + (C) a plan to prioritize excess defense articles + for the Ukraine air force to the maximum extent + practicable during the time period described in + paragraph (1); + (D) an assessment of how United States security + assistance to the Ukrainian air force is in the + national security interests of the United States. + (4) An assessment of progress on defense institutional + reforms in Ukraine, including in the Ukrainian navy and air + force, in the time period described in paragraph (1) that will + be essential for-- + (A) enabling effective use and sustainment of + capabilities developed under security assistance + authorities described in this section; + (B) enhancing the defense of Ukraine's sovereignty + and territorial integrity; + (C) achieving the Government of Ukraine's stated + goal of meeting NATO standards; and + (D) allowing Ukraine to achieve its full potential + as a strategic partner of the United States. + (c) Form.--The report required under subsection (a) and the +resource plan required under subsection (b) shall each be submitted in +a classified form with an unclassified summary. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Armed Services Committees of the Senate and House + of Representatives; + (2) the Foreign Relations Committee of the Senate and the + Foreign Affairs Committee of the House of Representatives; and + (3) the Appropriations Committees of the Senate and House + of Representatives. + +SEC. 1299Q-5. EFFORTS TO COUNTER MALIGN AUTHORITARIAN INFLUENCE. + + (a) Sense of Congress on the Relationship Between Russia and +Serbia.--It is the sense of Congress that-- + (1) the Government of Russia seeks to undermine the + security of the United States, its NATO allies, and other close + partners in Europe; + (2) the Government of Russia seeks to undermine the + legitimate interests of the United States, NATO, the European + Union, and other allied and partner governments in + strategically significant regions; + (3) the values of the Government of Russia are inconsistent + with the values of freedom, democracy, free speech, free press, + the respect for the rule of law, and other ideals that underpin + the international rules-based order formed on the basis of + Western institutions including NATO and the European Union; + (4) the Government of Russia continues its campaign to + undermine and erode the values of NATO and the European Union, + institutions that Serbia claims to strive to join; + (5) the Government of Serbia, particularly under the + leadership of President Alexander Vucic, has acted in ways that + do not comport with the values of the United States, NATO, the + European Union, and member countries of each such organization; + (6) the Government of Serbia, particularly under the + leadership of President Alexander Vucic, has continued to + deepen its military ties and cooperation with the Government of + Russia; + (7) the United States Government should, in its bilateral + engagements with the Government of Serbia, stress the + importance of Serbia reducing its military ties with Russia; + and + (8) the Government of Serbia should be sanctioned under + appropriate authorities of the Countering America's Adversaries + Through Sanctions Act of 2017 if its deepened military ties + have facilitated transactions between the Government of Serbia + and the Government of Russia that are deemed ``significant'' + for purposes of such Act. + (b) Report on Malign Russian and Chinese Influence in Serbia.--Not +later than 90 days after the date of the enactment of this Act, the +Secretary of State, in consultation with the Secretary of Defense and +the Administrator of the United States Agency for International +Development, shall submit to the appropriate congressional committees +an unclassified report, which may contain a classified annex, assessing +trends of malign influence from the governments of Russia and China in +Serbia including with respect to the following: + (1) Corruption of political institutions and political + leaders in Serbia by Russia or China. + (2) The use of propaganda, disinformation, and other + information tools to promote stronger ties between Serbia and + Russia or China or to discourage Serbia from advancing toward + greater integration with Western institutions like the European + Union. + (3) The use of foreign assistance and associated media + messaging to influence public opinion in Serbia with respect to + Russia or China. + (4) The deepening of military-to-military cooperation or + cooperation in other national security and law enforcement + sectors between Serbia and Russia or China. + (5) The expansion of economic ties between Serbia and + Russia or China, especially in the energy, mining, and + industrial sectors. + (6) The use of religious or ethnic ties to deepen relations + between Serbia and Russia. + (c) Report on Potential CAATSA Violations.--Not later than 60 days +after the date of the enactment of this Act, the Secretary of State +shall submit to the appropriate congressional committees an +unclassified report, which may contain a classified annex, that lists +each country that has taken delivery of military equipment manufactured +in Russia since the enactment of the Countering America's Adversaries +Through Sanctions Act of 2017, and determines whether any transactions +described in the report constitute a significant transaction as +described in such Act, including countries that have-- + (1) purchased of Russian equipment from the Government of + Russia; + (2) obtained Russian equipment provided by the Government + of Russia as aid, assistance, or for related purposes; or + (3) obtained Russian equipment provided by the Government + of Russia as a gift. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs and the Committee on + Armed Services of the House of Representatives; and + (2) the Committee on Foreign Relations and the Committee on + Armed Services of the Senate. + + Subtitle M--Sudan Democratic Transition, Accountability, and Fiscal + Transparency Act of 2020 + +SEC. 1299R-1. SHORT TITLE. + + This subtitle may be cited as the ``Sudan Democratic Transition, +Accountability, and Fiscal Transparency Act of 2020''. + +SEC. 1299R-2. DEFINITIONS. + + Except as otherwise provided, in this subtitle: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs and the + Committee on Appropriations of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on Appropriations of the Senate. + (2) International financial institutions.--The term + ``international financial institutions'' means-- + (A) the International Monetary Fund; + (B) the International Bank for Reconstruction and + Development; + (C) the International Development Association; + (D) the International Finance Corporation; + (E) the Inter-American Development Bank; + (F) the Asian Development Bank; + (G) the Inter-American Investment Corporation; + (H) the African Development Bank; + (I) the European Bank for Reconstruction and + Development; + (J) the Multilateral Investment Guaranty Agency; + and + (K) any multilateral financial institution, + established after the date of enactment of this Act, + that could provide financial assistance to the + Government of Sudan. + (3) Sovereignty council.--The term ``Sovereignty Council'' + means the governing body of Sudan during the transitional + period that consists of-- + (A) five civilians selected by the Forces of + Freedom and Change; + (B) five members selected by the Transitional + Military Council; and + (C) one member selected by agreement between the + Forces of Freedom and Change and the Transitional + Military Council. + (4) Sudanese security and intelligence services.--The term + ``Sudanese security and intelligence services'' means-- + (A) the Sudan Armed Forces; + (B) the Rapid Support Forces, + (C) Sudan's Popular Defense Forces and other + paramilitary units; + (D) Sudan's police forces; + (E) the General Intelligence Service, previously + known as the National Intelligence and Security + Services; and + (F) related entities, such as Sudan's Military + Industry Corporation. + (5) Transitional period.--The term ``transitional period'' + means the 39-month period beginning on August 17, 2019, the + date of the signing of Sudan's constitutional charter, during + which-- + (A) the members of the Sovereignty Council + described in paragraph (3)(B) select a chair of the + Council for the first 21 months of the period; and + (B) the members of the Sovereignty Council + described in paragraph (3)(A) select a chair of the + Council for the remaining 18 months of the period. + +SEC. 1299R-3. STATEMENT OF POLICY. + + It is the policy of the United States to-- + (1) support a civilian-led political transition in Sudan + that results in a democratic government, that is accountable to + its people, respects and promotes human rights, is at peace + internally and with its neighbors, and can be a partner for + regional stability; + (2) support the implementation of Sudan's constitutional + charter for the transitional period; and + (3) pursue a strategy of calibrated engagement with Sudan + that includes-- + (A) facilitating an environment for free, fair, and + credible democratic elections and a pluralistic and + representative political system; + (B) supporting reforms that improve transparency + and accountability, remove restrictions on civil and + political liberties, and strengthen the protection of + human rights, including religious freedom; + (C) strengthening civilian institutions, judicial + independence, and the rule of law; + (D) empowering civil society and independent media; + (E) promoting national reconciliation and enabling + a just, comprehensive, and sustainable peace; + (F) promoting the role of women in government, the + economy, and society, in recognition of the seminal + role that women played in the social movement that + ousted former president Omar al-Bashir; + (G) promoting accountability for genocide, war + crimes, crimes against humanity, and sexual and gender- + based violence; + (H) encouraging the development of civilian + oversight over and professionalization of the Sudanese + security and intelligence services and strengthening + accountability for human rights violations and abuses, + corruption, or other abuses of power; + (I) promoting economic reform, private sector + engagement, and inclusive economic development while + combating corruption and illicit economic activity, + including that which involves the Sudanese security and + intelligence services; + (J) securing unfettered humanitarian access across + all regions of Sudan; + (K) supporting improved development outcomes, + domestic resource mobilization, and catalyzing market- + based solutions to improve access to health, education, + water and sanitation, and livelihoods; and + (L) promoting responsible international and + regional engagement. + +SEC. 1299R-4. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW, HUMAN + RIGHTS, AND FUNDAMENTAL FREEDOMS. + + (a) Sense of Congress.--It is the sense of Congress that the +political transition in Sudan, following several months of popular +protests against the regime of Omar al-Bashir, represents an +opportunity for the United States to support democracy, good +governance, rule of law, human rights, and fundamental freedoms in +Sudan. + (b) In General.--Notwithstanding any other provision of law (other +than the Trafficking Victims Protection Act of 2000 or the Child +Soldiers Prevention Act of 2008), the President is authorized to +provide assistance under part I and chapter 4 of part II of the Foreign +Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to-- + (1) provide for democracy and governance programs that + strengthen and build the capacity of representative civilian + government institutions, political parties, and civil society + in Sudan; + (2) support the organization of free, fair, and credible + elections in Sudan; + (3) provide technical support for legal and policy reforms + that improve transparency and accountability and protect human + rights, including religious freedom, and civil liberties in + Sudan; + (4) support for human rights and fundamental freedoms, + including the freedoms of religion or belief; expression, + including for members of the press, assembly; and association + in Sudan; + (5) support measures to improve and increase women's + participation in the political, economic, and social sectors of + Sudan; and + (6) support other related democracy, good governance, rule + of law, and fundamental freedom programs and activities. + (c) Authorization of Appropriations.--Of the funds authorized to be +appropriated to carry out part I and chapter 4 of part II of the +Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et +seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be +appropriated for each such fiscal year to carry out this section. + +SEC. 1299R-5. SUPPORT FOR DEVELOPMENT PROGRAMS. + + (a) In General.--Notwithstanding any other provision of law (other +than the Trafficking Victims Protection Act of 2000 or the Child +Soldiers Prevention Act of 2008), the President is authorized to +provide assistance under part I and chapter 4 of part II of the Foreign +Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for +programs in Sudan to-- + (1) increase agricultural and livestock productivity; + (2) promote economic growth, increase private sector + productivity and advance market-based solutions to address + development challenges; + (3) support women's economic empowerment and economic + opportunities for youth and previously marginalized + populations; + (4) improve equal access to quality basic education; + (5) support the capacity of universities to equip students + to participate in a pluralistic and global society through + virtual exchange and other programs; + (6) improve access to water, sanitation, and hygiene + projects; + (7) build the capacity of national and subnational + government officials to support the transparent management of + public resources, promote good governance through combating + corruption and improving accountability, increase economic + productivity, and increase domestic resource mobilization; and + (8) support other related economic assistance programs and + activities. + (b) Authorization of Appropriations.--Of the funds authorized to be +appropriated to carry out part I and chapter 4 of part II of the +Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et +seq.) for fiscal years 2021 and 2022, $80,000,000 is authorized to be +appropriated, for each such fiscal year to carry out this section. + +SEC. 1299R-6. SUPPORT FOR CONFLICT MITIGATION. + + (a) In General.--Notwithstanding any other provision of law (other +than the Trafficking Victims Protection Act of 2000 or the Child +Soldiers Prevention Act of 2008), the President is authorized to +provide assistance under part I and chapters 4, 5, and 6 of part II of +the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et +seq., and 2348 et seq.) to-- + (1) support long-term peace and stability in Sudan by + promoting national reconciliation and enabling a just, + comprehensive, and sustainable peace, especially in regions + that have been underdeveloped or affected by war, such as the + states of Darfur, South Kordofan, Blue Nile, Red Sea, and + Kassala; + (2) support civil society and other organizations working + to address conflict prevention, mitigation, and resolution + mechanisms and people-to-people reconciliation in Sudan, + especially those addressing issues of marginalization and + vulnerable groups, equal protection under the law, natural + resource management, compensation and restoration of property, + voluntary return, and sustainable solutions for displaced + persons and refugees; + (3) strengthen civilian oversight of the Sudanese security + and intelligence services and ensure that such services are not + contributing to the perpetuation of conflict in Sudan and to + the limitation of the civil liberties of all people in Sudan; + (4) assist in the human rights vetting and professional + training of security force personnel due to be employed or + deployed by the Sudanese security and intelligence services in + regions that have been underdeveloped or affected by war, such + as the states of Darfur, South Kordofan, Blue Nile, Red Sea, + and Kassala, including members of any security forces being + established pursuant to a peace agreement relating to such + regions; + (5) support provisions of the Comprehensive Peace Agreement + of 2005 and Abyei protocol, as appropriate, unless otherwise + superseded by a new agreement signed in good faith-- + (A) between stakeholders in this region and the + Governments of Sudan and South Sudan to hold a free, + fair, and credible referendum on the status of Abyei; + and + (B) between stakeholders in this region and the + Government of Sudan to support popular consultations on + the status of the states of South Kordofan and Blue + Nile; and + (6) support other related conflict mitigation programs and + activities. + (b) Authorization of Appropriations.--Of the funds authorized to be +appropriated to carry out part I and chapters 4 and 6 of part II of the +Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., +and 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 is +authorized to be appropriated for each such fiscal year to carry out +this section. + +SEC. 1299R-7. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST + HUMANITY, AND GENOCIDE IN SUDAN. + + (a) Sense of Congress.--It is the sense of Congress that the +Secretary of State should conduct robust diplomatic engagement to +promote accountability and provide technical support to ensure that +credible, transparent, and independent investigations of gross +violations of human rights perpetrated by the Government of Sudan under +former President Omar al-Bashir and the Transitional Military Council +since June 30, 1989. + (b) In General.--Notwithstanding any other provision of law (other +than the Trafficking Victims Protection Act of 2000 or the Child +Soldiers Prevention Act of 2008), the President is authorized to +provide assistance under part I and chapter 4 of part II of the Foreign +Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to-- + (1) build the capacity of civilian investigators within and + outside of Sudan on how to document, investigate, develop + findings of, identify, and locate those responsible for war + crimes, crimes against humanity, or genocide in Sudan; + (2) collect, document, and protect evidence of war crimes, + crimes against humanity, and genocide in Sudan and preserve the + chain of custody for such evidence, including by providing + support for Sudanese, foreign, and international + nongovernmental organizations, and other entities engaged in + such investigative activities; + (3) build Sudan's judicial capacity to support prosecutions + in domestic courts and support investigations by hybrid or + international courts as appropriate; + (4) protect witnesses who participate in court proceedings + or other transitional justice mechanisms; and + (5) support other related conflict mitigation programs and + activities. + (c) Authorization of Appropriations.--Of the funds authorized to be +appropriated to carry out part I and chapter 4 of part II of the +Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et +seq.), for fiscal years 2021 and 2022, $10,000,000 is authorized to be +appropriated for each such fiscal year to carry out this section. + +SEC. 1299R-8. SUSPENSION OF ASSISTANCE. + + (a) In General.--The President is authorized to suspend the +provision of assistance authorized under section 1299R-4, 1299R-5, +1299R-6, or 1299R-7 to the Government of Sudan if the President +determines that conditions in Sudan or the composition of the +Government of Sudan changes such that it is no longer in the United +States national interest to continue to provide such assistance. + (b) Report.--Not later than 30 days after making a determination +under subsection (a), the President shall submit to the appropriate +congressional committees a report that describes-- + (1) the political and security conditions in Sudan that led + to such determination; and + (2) any planned diplomatic engagement to restart the + provision of such assistance. + +SEC. 1299R-9. MULTILATERAL ASSISTANCE. + + (a) Sense of the Congress.--It is the sense of the Congress that-- + (1) Sudan's economic challenges are a legacy of decades of + kleptocracy, economic mismanagement, and war; + (2) Sudan's economic recovery will depend on-- + (A) combating corruption and illicit economic + activity; + (B) ending internal conflicts in the states of + Darfur, South Kordofan, and Blue Nile; and + (C) promoting inclusive economic growth and + development; and + (3) the COVID-19 outbreak constitutes a grave danger to + Sudan's economic stability, public health, and food security + and jeopardizes the transition to a civilian-led government + that promotes the democratic aspirations of the Sudanese + people. + (b) Responding to the COVID-19 Outbreak.--During the transitional +period in Sudan, and notwithstanding any other provision of law, the +Secretary of the Treasury may instruct the United States Executive +Director at each international financial institution to use the voice +and vote of the United States to support loans or other utilization of +the funds of the respective institution for Sudan for the purpose of +addressing basic human needs, responding to the COVID-19 outbreak and +its impact on the country's economic stability, or promoting democracy, +governance, or public financial management in Sudan. + (c) Debt Relief.--Upon the removal of Sudan from the State Sponsors +of Terrorism List, and once the Sovereignty Council is chaired by a +civilian leader, the Secretary of the Treasury and the Secretary of +State should engage with international financial institutions and other +bilateral official creditors to advance agreement through the Heavily +Indebted Poor Countries (HIPC) Initiative to restructure, reschedule, +or cancel the sovereign debt of Sudan. + (d) Reporting Requirement.--Not later than 3 months after the date +of the enactment of this Act, and not less than every 6 months +thereafter during the transitional period, the Secretary of the +Treasury, in consultation with the Secretary of State, shall report to +the appropriate congressional committees on the extent to which the +transitional government of Sudan has taken demonstrable steps to +strengthen governance and improve fiscal transparency, including-- + (1) establishing civilian control over the finances and + assets of the Sudanese security and intelligence services; + (2) developing a transparent budget that accounts for all + expenditures related to the security and intelligence services; + (3) identifying the shareholdings in all public and private + companies not exclusively dedicated to the national defense + held or managed by the security and intelligence services, and + publicly disclosing, evaluating, and transferring all such + shareholdings to the Ministry of Finance of the Government of + Sudan or to any specialized entity of the Government of Sudan + established under law for this purpose, which is ultimately + accountable to a civilian authority; + (4) ceasing the involvement of the security and + intelligence services officials, and their immediate family + members, in the illicit trade in mineral resources, including + petroleum and gold; + (5) implementing a publicly transparent methodology for the + Government of Sudan to recover, evaluate, hold, manage, or + divest any state assets and the profits derived from the assets + that may have been transferred to the National Congress Party, + an affiliate of the National Congress Party, or an official of + the National Congress Party in the individual capacity of such + an official; + (6) identifying and monitoring the nature and purpose of + offshore financial resources controlled by the security and + intelligence services; and + (7) strengthening banking regulation and supervision and + addressing anti-money laundering and counter-terrorism + financing deficiencies. + (e) Appropriate Congressional Committees.--In this section, the +term ``appropriate congressional committees'' means-- + (1) the Committee on Financial Services, the Committee on + Foreign Affairs, and the Committee on Appropriations of the + House of Representatives; and + (2) the Committee on Foreign Relations and the Committee on + Appropriations of the United States Senate. + +SEC. 1299R-10. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM THE + SUDANESE PEOPLE. + + The Secretary of State, in coordination with the Secretary of the +Treasury and the Attorney General, shall seek to advance the efforts of +the Government of Sudan to recover assets stolen from the Sudanese +people, including with regard to international efforts to-- + (1) identify and track assets taken from the people and + institutions of Sudan through theft, corruption, money + laundering, or other illicit means; and + (2) with respect to assets identified pursuant to paragraph + (1), work with foreign governments and international + organizations to-- + (A) share financial investigations intelligence, as + appropriate; + (B) oversee and manage the assets identified + pursuant to paragraph (1); + (C) as appropriate, advance, advance civil + forfeiture litigation, including providing technical + assistance to help governments establish the necessary + legal framework to carry out asset forfeitures; and + (D) work with the Government of Sudan to ensure + that a credible mechanism is established to ensure that + any recovered assets are managed in a transparent and + accountable fashion and ultimately used for the benefit + of the Sudanese people, provided that-- + (i) returned assets are not used for + partisan political purposes; and + (ii) there are robust financial management + and oversight measures to safeguard repatriated + assets. + +SEC. 1299R-11. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND + INTELLIGENCE SERVICES. + + (a) In General.--The President may not provide assistance (other +than assistance authorized under section 1299R-6) to the Sudanese +security and intelligence services until the President submits to +Congress a certification that the Government of Sudan has met the +conditions described in subsection (c). + (b) Exception; Waiver.-- + (1) Exception.--The Secretary of State may, as appropriate + and notwithstanding any other provision of law, provide + assistance for the purpose of professionalizing the Sudanese + security and intelligence services, through institutions such + as the Africa Center for Strategic Studies and the United + States Institute of Peace. + (2) Waiver.--The President may waive the limitation on the + provision of assistance under subsection (a) if, not later than + 30 days before the assistance is to be provided, the President + submits to the appropriate congressional committees-- + (A) a list of the activities and participants to + which such waiver would apply; + (B) a justification that the waiver is in the + national security interest of the United States; and + (C) a certification that the participants have met + the requirements of either section 620M of the Foreign + Assistance Act of 1961 (22 U.S.C. 2378d) for programs + funded through Department of State appropriations or + section 362 of title 10, United States Code, for + programs funded through Department of Defense + appropriations. + (c) Conditions.-- + (1) In general.--The conditions described in this + subsection are that the Sudanese security and intelligence + services-- + (A) have demonstrated progress in undertaking + security sector reform, including reforms that + professionalize such security and intelligence + services, improve transparency, and reforms to the laws + governing the security forces, such as of the National + Security Act of 2010 and the Sudan Armed Forces Act of + 2007; + (B) support efforts to respect human rights, + including religious freedom, and hold accountable any + members of such security and intelligence services + responsible for human rights violations and abuses, + including by taking demonstrable steps to cooperate + with local or international mechanisms of + accountability, to ensure that those responsible for + war crimes, crimes against humanity, and genocide + committed in Sudan are brought to justice; + (C) are under civilian oversight, subject to the + rule of law, and are not undertaking actions to + undermine a civilian-led transitional government or an + elected civilian government; + (D) have refrained from targeted attacks against + religious or ethnic minority groups, have negotiated in + good faith during the peace process and constructively + participated in the implementation of any resulting + peace agreements, and do not impede inclusive political + participation; + (E) allow unfettered humanitarian access by United + Nations organizations and specialized agencies and + domestic and international humanitarian organizations + to civilian populations in conflict-affected areas; + (F) cooperate with the United Nations High + Commissioner for Refugees and organizations affiliated + with the United Nations to allow for the protection of + displaced persons and the safe, voluntary, sustainable, + and dignified return of refugees and internally + displaced persons; and + (G) take constructive steps to investigate all + reports of unlawful recruitment of children by Sudanese + security forces and prosecute those found to be + responsible. + (2) Form.--The certification described in subsection (a) + containing the conditions described in paragraph (1) shall be + submitted in unclassified form but may include a classified + annex. + (d) Sunset.--This section shall terminate on the date that is the +earlier of-- + (1) the date that is 2 years after the date of the + enactment of this Act; or + (2) the date on which the President determines that a + successful rotation of military to civilian leadership in the + Sovereignty Council has occurred. + +SEC. 1299R-12. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO + CERTAIN GOVERNMENT OF SUDAN OFFICIALS AND OTHER + INDIVIDUALS. + + (a) In General.--The President shall impose the sanctions described +in subsection (b) with respect to any senior official of the Government +of Sudan and any other foreign person that the President determines, on +or after the date of enactment of this Act-- + (1) is knowingly responsible for, complicit in, or has + directly or indirectly engaged in-- + (A) significant actions or policies that threaten + the peace, security, or stability of Sudan, including + through the use of armed groups; + (B) significant actions or policies that obstruct, + undermine, delay, or impede, or pose a significant risk + of obstructing, undermining, delaying, or impeding, the + civil and political rights of the Sudanese people and + the political transition in Sudan; + (C) corruption, including the misappropriation of + state assets, the expropriation of private assets for + personal gain, corruption related to government + contracts or the extraction of natural resources, or + bribery; + (D) serious human rights abuses that may include + the targeting of civilians through the commission of + acts of violence, abduction, forced displacement, or + attacks on schools, hospitals, religious sites, or + locations where civilians are seeking refuge, or a + violation of international humanitarian law; or + (E) illicit exploitation of natural resources in + Sudan; + (2) is a leader of an entity that has, or whose members + have, engaged in any activity described in subparagraphs (A) + through (E) of paragraph (1); + (3) has materially assisted, sponsored, or provided + financial, material, logistical, or technological support for, + or goods or services to or in support of-- + (A) any activity described in paragraph (1); or + (B) any person whose property and interests in + property are blocked pursuant to Executive Order No. + 13400 (2006); or + (4) is owned or controlled by, or has acted or purported to + act for or on behalf of, any other person whose property and + interests in property are blocked pursuant to-- + (A) subsection (b)(1); or + (B) Executive Order No. 13400 (2006). + (b) Sanctions Described.--The sanctions to be imposed with respect +to any foreign person described in subsection (a) are the following: + (1) Blocking of property.--The President shall exercise all + of the powers granted to the President under the International + Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the + extent necessary to block and prohibit all transactions in + property and interests in property of the foreign person if + such property and interests in property-- + (A) are in the United States; + (B) come within the United States; or + (C) come within the possession or control of a + United States person. + (2) Inadmissibility for visas, admission, or parole.-- + (A) Visas, admission, or parole.--The foreign + person is-- + (i) inadmissible to the United States; + (ii) ineligible to receive a visa or other + documentation to enter the United States; and + (iii) otherwise ineligible to be admitted + or paroled into the United States or to receive + any other benefit under the Immigration and + Nationality Act (8 U.S.C. 1101 et seq.). + (B) Current visas revoked.--The visa or other entry + documentation of the foreign person shall be revoked, + regardless of when such visa or other entry + documentation is or was issued. A revocation under this + subparagraph shall take effect immediately and + automatically cancel any other valid visa or entry + documentation that is in the foreign person's + possession. + (c) Exceptions To Comply With United Nations Headquarters +Agreement.--Sanctions under subsection (b)(2) shall not apply with +respect to a foreign person described in subsection (a) if admitting or +paroling the foreign person into the United States is necessary to +permit the United States to comply with the Agreement regarding the +Headquarters of the United Nations, signed at Lake Success June 26, +1947, and entered into force November 21, 1947, between the United +Nations and the United States, or other applicable international +obligations. + (d) Implementation; Penalties.-- + (1) Implementation.--The President may exercise all + authorities provided under sections 203 and 205 of the + International Emergency Economic Powers Act (50 U.S.C. 1702 and + 1704) to carry out this section and shall issue such + regulations, licenses, and orders as are necessary to carry out + this section. + (2) Penalties.--Any person that violates, attempts to + violate, conspires to violate, or causes a violation of this + section or any regulation, license, or order issued to carry + out paragraph (1) shall be subject to the penalties set forth + in subsections (b) and (c) of section 206 of the International + Emergency Economic Powers Act (50 U.S.C. 1705) to the same + extent as a person that commits an unlawful act described in + subsection (a) of that section. + (e) Waiver.--The President may waive the application of sanctions +imposed with respect to a foreign person pursuant to subsection (a) if +the President-- + (1) determines that a waiver is in the national interest of + the United States; and + (2) not later than the date on which such waiver will take + effect, submits a notice of and justification for such waiver + to the appropriate congressional committees. + (f) Termination of Authority To Impose Sanctions.--The authority to +impose sanctions under this section shall terminate on the date that is +the earlier of 3 years after the date of the enactment of this Act or +the date on which the President determines and certifies to the +appropriate congressional committees that the Government of Sudan-- + (1) has held free, fair, and credible general elections in + accordance with the 2019 constitutional charter for the + transitional period and a democratically elected head of state + has been sworn in and taken office; + (2) is making significant progress towards respecting the + freedoms of religion, speech, press, assembly, and association + as described in the 2019 constitutional charter for the + transitional period and toward holding free, fair, and credible + elections by the end of the transitional period; + (3) is compliant with international norms and standards + concerning the transparent allocation and disbursement of + government directed funds; + (4) respects the right to freedom of religion, speech, + press, assembly, and association for all Sudanese citizens; + (5) has ceased attacks on civilians, including through the + use of militias; + (6) has negotiated in good faith to reach formal peace + agreements with armed movements that had been in conflict with + the Government of Sudan; and + (7) has ceased any material support or assistance to groups + associated or linked to international terrorism. + (g) Exception Relating to Importation of Goods.-- + (1) In general.--The authorities and requirements to impose + sanctions authorized under this section shall not include the + authority or requirement to impose sanctions on the importation + of goods. + (2) Good defined.--In this subsection, the term ``good'' + means any article, natural or man-made substance, material, + supply or manufactured product, including inspection and test + equipment, and excluding technical data. + (h) Exceptions to Comply With National Security.--The following +activities shall be exempt from sanctions under this section: + (1) Activities subject to the reporting requirements under + title V of the National Security Act of 1947 (50 U.S.C. 3091 et + seq.). + (2) Any authorized intelligence or law enforcement + activities of the United States. + (i) Definitions.--In this section: + (1) Admitted; alien.--The terms ``admitted'' and ``alien'' + have the meanings given those terms in section 101 of the + Immigration and Nationality Act (8 U.S.C. 1001). + (2) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs, the Committee + on Appropriations, and the Committee on Financial + Services of the House of Representatives; and + (B) the Committee on Foreign Relations, the + Committee on Appropriations, and the Committee on + Banking, Housing, and Urban Affairs of the Senate. + (3) Foreign person.--The term ``foreign person'' means a + person that is not a United States person. + (4) Knowingly.--The term ``knowingly'' means, with respect + to conduct, a circumstance, or a result, that a person has + actual knowledge, or should have known, of the conduct, the + circumstance, or the result. + (5) United states person.--The term ``United States + person'' means-- + (A) a United States citizen, an alien lawfully + admitted for permanent residence to the United States, + or any other individual subject to the jurisdiction of + the United States; + (B) an entity organized under the laws of the + United States or of any jurisdiction within the United + States, including a foreign branch of such entity; or + (C) any person in the United States. + +SEC. 1299R-13. REPORTS. + + (a) Report on Accountability for Human Rights Abuses.--Not later +than 180 days after the date of the enactment of this Act, and annually +thereafter for 2 years, the President shall submit to the appropriate +congressional committees a report that-- + (1) summarizes reports of gross violations of human rights, + including sexual and gender-based violence, committed against + civilians in Sudan, including members of the Sudanese security + and intelligence services or any associated militias, between + December 2018 and the date of the submission of the report; + (2) provides an update on any potential transitional + justice mechanisms in Sudan to investigate, charge, and + prosecute alleged perpetrators of gross violations of human + rights in Sudan since June 30, 1989, including with respect to + the June 3, 2019 massacre in Khartoum; + (3) provides an analysis of whether the gross violations of + human rights summarized pursuant to paragraph (1) amount to war + crimes, crimes against humanity, or genocide; and + (4) identifies specific cases since the beginning of the + transitional period in which members of the Sudanese security + and intelligence services have been charged and prosecuted for + actions that constitute gross violations of human rights + perpetrated since June 30, 1989. + (b) Report on Certain Activities and Finances of Senior Officials +of the Government of Sudan.--Not later than 180 days after the date of +the enactment of this Act, and annually thereafter for 1 year, the +President shall submit to the appropriate congressional committees a +report that-- + (1) describes the actions and involvement of any previous + or current senior officials of the Government of Sudan since + the establishment of the transitional government in August 2019 + in-- + (A) directing, carrying out, or overseeing gross + violations of human rights; + (B) directing, carrying out, or overseeing the + unlawful use or recruitment of children by armed groups + or armed forces in the context of conflicts in Sudan, + Libya, Yemen, or other countries; + (C) directing, carrying out, or colluding in + significant acts of corruption; + (D) directing, carrying out, or overseeing any + efforts to circumvent the establishment of civilian + control over the finances and assets of the Sudanese + security and intelligence services; or + (E) facilitating, supporting, or financing + terrorist activity in Sudan or other countries; + (2) identifies Sudanese and foreign financial institutions, + including offshore financial institutions, in which senior + officials of the Government of Sudan whose actions are + described in paragraph (1) hold significant assets, and + provides an estimate of the value of such assets; + (3) identifies any information United States Government + agencies have obtained since August 2019 regarding persons, + foreign governments, and Sudanese or foreign financial + institutions that knowingly facilitate, finance, or otherwise + benefit from corruption or illicit economic activity in Sudan, + including the export of mineral resources, and, in particular, + if that trade is violating any United States restrictions that + remain in place by legislation or Executive order; + (4) identifies any information United States Government + agencies have obtained since August 2019 regarding senior + officials of the Government of Sudan who are personally + involved in the illicit trade in mineral resources, including + petroleum and gold; and + (5) identifies any information United States Government + agencies have obtained since August 2019 regarding individuals + or foreign governments that have provided funds to individual + members of the Sovereignty Council or the Cabinet outside of + the Central Bank of Sudan or the Ministry of Finance. + (c) Report on Sanctions Pursuant to Executive Order No. 13400.--Not +later than 180 days after the date of the enactment of this Act, the +President shall submit to the appropriate congressional committees a +report containing the names of senior Sudanese government officials +that President determines meet the criteria to be sanctionable pursuant +to Executive Order No. 13400 (71 Fed. Reg. 25483; relating to blocking +property of persons in connection with the conflict in Sudan's Darfur +region). + (d) Form.--The reports required under subsections (b) and (c) shall +be submitted in unclassified form but may include a classified annex. + +SEC. 1299R-14. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIAN-LED + GOVERNMENT IN SUDAN. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, in coordination with the +Administrator of the United States Agency for International Development +and the Secretary of the Treasury, shall submit to the appropriate +congressional committees a strategy that includes-- + (1) a clear articulation of specific United States goals + and objectives with respect to a successful completion of the + transitional period and a plan to achieve such goals and + objectives; + (2) a description of assistance and diplomatic engagement + to support a civilian-led government in Sudan for the remainder + of the transitional period, including any possible support for + the organization of free, fair, and credible elections; + (3) an assessment of the legal and policy reforms that have + been and need to be taken by the government in Sudan during the + transitional period in order to promote-- + (A) human rights; + (B) freedom of religion, speech, press, assembly, + and association; and + (C) accountability for human rights abuses, + including for sexual and gender-based violence + perpetrated by members of the Sudanese security and + intelligence services; + (4) a description of efforts to address the legal and + policy reforms mentioned in paragraph (3); + (5) a description of humanitarian and development + assistance to Sudan and a plan for coordinating such assistance + with international donors, regional partners, and local + partners; + (6) a description of monitoring and evaluation plans for + all forms of assistance to be provided under the strategy in + accordance with the monitoring and evaluation requirements of + section 4 of the Foreign Aid Transparency and Accountability + Act of 2016 (Public Law 114-191), to include a detailed + description of all associated goals and benchmarks for + measuring impact; and + (7) an assessment of security sector reforms undertaken by + the Government of Sudan, including efforts to demobilize or + integrate militias and to foster civilian control of the armed + services. + (b) Report.--Not later than 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 +and the Secretary of the Treasury, shall submit to the appropriate +congressional committees a report that includes-- + (1) a detailed description of the efforts taken to + implement this subtitle; and + (2) recommendations for legislative or administrative + measures to facilitate the implementation of this subtitle. + +SEC. 1299R-15. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF + 2006. + + Section 8(c)(1) of the Darfur Peace and Accountability Act of 2006 +(Public Law 109-344; 50 U.S.C. 1701 note) is amended by striking +``Southern Sudan,'' and all that following through ``Khartoum,'' and +inserting ``Sudan''. + +SEC. 1299R-16. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE IN + SUDAN ACT. + + (a) Sudan Peace Act.--Effective January 1, 2020, the Sudan Peace +Act (Public Law 107-245; 50 U.S.C. 1701 note) is repealed. + (b) Comprehensive Peace in Sudan Act.--Effective January 1, 2020, +the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 +U.S.C. note) is repealed. + + Subtitle N--Afghanistan Security and Reconstruction Transparency Act + +SEC. 1299S-1. SHORT TITLE. + + This subtitle may be cited as the ``Afghanistan Security and +Reconstruction Transparency Act''. + +SEC. 1299S-2. PUBLIC AVAILABILITY OF DATA PERTAINING TO MEASURES OF + PERFORMANCE OF THE AFGHAN NATIONAL DEFENSE AND SECURITY + FORCES. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall make publicly +available all data pertaining to measures of performance of the Afghan +National Defense and Security Forces (hereafter in this section +referred to as ``ANDSF''). + (b) Data To Be Included.--The data required to be made publicly +available by subsection (a) shall include the following: + (1) The total quarterly ANDSF attrition rate and quarterly + attrition rates for ANDSF components, including the Afghan + National Army, the Afghan National Police, the Afghan Air + Force, and the Afghan Local Police. + (2) The total number of ANDSF personnel dropped from the + rolls for the quarter and the number of personnel dropped from + the rolls by ANDSF component for the quarter. + (3) The total number of ANDSF personnel trained to date, + the number of new ANDSF personnel that entered training for the + quarter, the number of new ANDSF personnel that completed + training for the quarter, the total number of personnel trained + by ANDSF component to date, the number of new personnel by + ANDSF component that entered training for the quarter, and the + number of new personnel by ANDSF component that completed + training for the quarter. + (4) The total number and percentage of unfilled ANDSF + positions and the number and percentage of unfilled positions + by ANDSF component. + (5) The percentage of ANDSF components assessed at full + authorized and assigned strength. + (6) Detailed Afghan Ministry of Defense, Ministry of + Interior, and ANDSF performance assessments. + (7) Information about the operational readiness of Afghan + National Army and Afghan National Police equipment. + (8) Afghanistan Special Mission Wing information, including + the number and type of airframes, the number of pilots and + aircrew, and the operational readiness (and associated + benchmarks) of airframes. + (9) Enemy-initiated attacks and effective enemy-initiated + attacks on the ANDSF. + +SEC. 1299S-3. DISTRICT-LEVEL STABILITY ASSESSMENTS OF AFGHAN GOVERNMENT + AND INSURGENT CONTROL AND INFLUENCE. + + (a) In General.--The Secretary of Defense shall resume the +production of district-level stability assessments of Afghan government +and insurgent control and influence that were discontinued in 2018, to +include district, population, and territorial control data. + (b) Public Availability.--The Secretary of Defense shall make +publicly available the assessments and all data pertaining to the +assessments produced under subsection (a). + + Subtitle O--LIFT Act + +SEC. 1299T-1. SHORT TITLE. + + This subtitle may be cited as the ``Leveraging Information on +Foreign Traffickers Act'' or the ``LIFT Act''. + +SEC. 1299T-2. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) the annual Trafficking In Persons Report prepared by + the Department of State pursuant to the Trafficking Victims + Protection Act of 2000 (the ``TIP Report'') remains one of the + most comprehensive, timely, and important sources of + information on human trafficking in the world, and currently + includes 187 individual country narratives; + (2) in January 2019, the statute mandating the TIP Report + was amended to require that each report must cover efforts and + activities occurring within the period from April 1 of the + prior year through March 31 of the current year, which + necessarily requires the collection and transmission of + information after March 31; + (3) ensuring that the Department of State has adequate time + to receive, analyze, and incorporate trafficking-related + information into its annual Trafficking In Persons Report is + important to the quality and comprehensiveness of that report; + (4) information regarding prevalence and patterns of human + trafficking is important for understanding the scourge of + modern slavery and making effective decisions about where and + how to combat it; and + (5) United States officials responsible for monitoring and + combating trafficking in persons around the world should + receive available information regarding where and how often + United States diplomatic and consular officials encounter + persons who are responsible for, or who knowingly benefit from, + severe forms of trafficking in persons. + +SEC. 1299T-3. ANNUAL DEADLINE FOR TRAFFICKING IN PERSONS REPORT. + + Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 +(22 U.S.C. 7107(b)(1)) is amended by striking ``June 1'' and inserting +``June 30''. + +SEC. 1299T-4. UNITED STATES ADVISORY COUNCIL ON HUMAN TRAFFICKING. + + (a) Extension.--Section 115(h) of the Justice for Victims of +Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is amended +by striking ``September 30, 2021'' and inserting ``September 30, +2025''. + (b) Compensation.--Section 115(f) of the Justice for Victims of +Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is amended-- + (1) in paragraph (1), by striking ``and'' after the + semicolon at the end; + (2) in paragraph (2), by striking the period at end and + inserting ``; and''; and + (3) by adding at the end the following new paragraph: + ``(3) may each receive compensation for each day such + member is engaged in the actual performance of the duties of + the Council.''. + (c) Compensation Report.--Not later than 120 days after the date of +the enactment of this Act, the Secretary of State shall provide to the +relevant congressional committees a plan to implement compensation for +members of the United States Advisory Council on Human Trafficking +pursuant to paragraph (3) of section 115(f) of the Justice for Victims +of Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243), as added +by subsection (b). + +SEC. 1299T-5. TIMELY PROVISION OF INFORMATION TO THE OFFICE TO MONITOR + AND COMBAT TRAFFICKING IN PERSONS OF THE DEPARTMENT OF + STATE. + + (a) In General.--Section 106 of the Trafficking Victims Protection +Act of 2000 (22 U.S.C. 7104) is amended by adding at the end the +following new subsection: + ``(l) Information Regarding Human Trafficking-Related Visa +Denials.-- + ``(1) In general.--The Secretary of State shall ensure that + the Office to Monitor and Combat Trafficking in Persons and the + Bureau of Diplomatic Security of the Department of State + receive timely and regular information regarding United States + visa denials based, in whole or in part, on grounds related to + human trafficking. + ``(2) Decisions regarding allocation.--The Secretary of + State shall ensure that decisions regarding the allocation of + resources of the Department of State related to combating human + trafficking and to law enforcement presence at United States + diplomatic and consular posts appropriately take into account-- + ``(A) the information described in paragraph (1); + and + ``(B) the information included in the most recent + report submitted in accordance with section 110(b).''. + (b) Conforming Amendment.--Section 103 of the Trafficking Victims +Protection Act of 2000 (22 U.S.C. 7102) is amended by adding at the end +the following new paragraph: + ``(18) Grounds related to human trafficking.--The term + `grounds related to human trafficking' means grounds related to + the criteria for inadmissibility to the United States described + in subsection (a)(2)(H) of section 212 of the Immigration and + Nationality Act (8 U.S.C. 1182).''. + +SEC. 1299T-6. REPORTS TO CONGRESS. + + (a) Initial Report.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of State shall provide to the +relevant congressional committees a report that-- + (1) describes the actions that have been taken and that are + planned to implement subsection (l) of section 106 of the + Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104), as + added by section 1299T-5; and + (2) identifies by country and by United States diplomatic + and consular post the number of visa applications denied during + the previous calendar year with respect to which the basis for + such denial, included grounds related to human trafficking (as + such term is defined in section 103 of the Trafficking Victims + Protection Act of 2000 (22 U.S.C. 7102), as amended by section + 1299T-5(b)). + (b) Annual Report.--Beginning with the first annual anti- +trafficking report required under subsection (b)(1) of section 110 of +the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107; enacted +as division A of the Victims of Trafficking and Violence Protection Act +of 2000) that is submitted after the date of the enactment of this Act +and concurrent with each such subsequent submission for the following 7 +years, the Secretary of State shall submit to the relevant +congressional committees a report that contains information relating to +the number and the locations of United States visa denials based, in +whole or in part, on grounds related to human trafficking (as such term +is defined in section 103 of the Trafficking Victims Protection Act of +2000 (22 U.S.C. 7102), as amended by section 1299T-5(b)) during the +period covered by each such annual anti-trafficking report. + +SEC. 1299T-7. DEFINITIONS. + + In this subtitle: + (1) Locations of united states visa denials.--The term + ``location of United States visa denials'' means-- + (A) the United States diplomatic or consular post + at which a denied United States visa application was + adjudicated; and + (B) the city or locality of residence of the + applicant whose visa application was so denied. + (2) Relevant congressional committees.--The term ``relevant + congressional committees'' means-- + (A) the Committee on Foreign Affairs and the + Committee on the Judiciary of the House of + Representatives; and + (B) the Committee on Foreign Relations and the + Committee on the Judiciary of the Senate. + + TITLE XIII--COOPERATIVE THREAT REDUCTION + +SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE THREAT + REDUCTION FUNDS. + + (a) Funding Allocation.--Of the $373,690,000 authorized to be +appropriated to the Department of Defense for fiscal year 2021 in +section 301 and made available by the funding table in division D for +the Department of Defense Cooperative Threat Reduction Program +established under section 1321 of the Department of Defense Cooperative +Threat Reduction Act (50 U.S.C. 3711), the following amounts may be +obligated for the purposes specified: + (1) For strategic offensive arms elimination, $2,924,000. + (2) For chemical weapons destruction, $12,856,000. + (3) For global nuclear security, $33,919,000. + (4) For cooperative biological engagement, $216,200,000. + (5) For proliferation prevention, $79,869,000. + (6) For activities designated as Other Assessments/ + Administrative Costs, $27,922,000. + (b) Specification of Cooperative Threat Reduction Funds.--Funds +appropriated pursuant to the authorization of appropriations in section +301 and made available by the funding table in division D for the +Department of Defense Cooperative Threat Reduction Program shall be +available for obligation for fiscal years 2021, 2022, and 2023. + +SEC. 1302. SENSE OF CONGRESS REGARDING BIOLOGICAL THREAT REDUCTION AND + COOPERATIVE BIOLOGICAL ENGAGEMENT OF THE COOPERATIVE + THREAT REDUCTION PROGRAM. + + It is the sense of Congress that-- + (1) keeping Americans safe means ensuring that global + health security is prioritized as a national security issue; + (2) as highlighted by the 2017 National Security Strategy + of the United States, biological threats, whether ``deliberate + attack, accident, or a natural outbreak'', are growing threats + and ``require actions to address them at their source'' through + programs carried out by cooperative engagement, such as working + ``with partners to ensure that laboratories that handle + dangerous pathogens have in place safety and security + measures''; + (3) the 2017 National Security Strategy of the United + States appropriately affirms the importance of supporting + advancements in biomedical innovation while mitigating harm + caused by advanced bioweapons and capabilities; + (4) the intrinsically linked nature of biological threats, + whether naturally occurring, accidental, or deliberate, + underscores the relationship between the Global Health Security + Strategy of the United States and the National Biodefense + Strategy, and the national security tools used to prevent and + mitigate these threats must be similarly connected; + (5) biological threats are a critical emerging threat + against the United States and addressing these threats through + cooperative programs is an opportunity to achieve long-standing + nonproliferation goals; + (6) cooperative programs to address biological threats + through improved global capacity in the areas of biosafety, + biosecurity, bio-surveillance, research oversight, and related + legislative and regulatory frameworks have become even more + important as the world faces increasing availability of and + advancements in biotechnology, which has broad dual-use and + proliferation implications; + (7) under the Cooperative Threat Reduction Program of the + Department of Defense established under the Department of + Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et + seq.), Congress authorized the Secretary of Defense to address + such threats through activities to prevent, detect, and report + on highly pathogenic diseases or other diseases, ``regardless + of whether such diseases are caused by biological weapons''; + (8) in 2014, President Obama declared the Ebola virus + disease epidemic a national security priority and exercised the + authority under such Program to build capacity that mitigated + the imminent threat posed by the Ebola virus disease and + established capabilities required to prevent future outbreaks; + (9) many of the prevention, detection, and response + capacities built in response to the Ebola virus disease + epidemic are also those used to prevent, detect, and respond to + the use of biological weapons abroad; + (10) continuing to use cooperative engagement programs is + in the national security interests of the United States because + of the important relationships established between the United + States and partner countries, which are based on ideals such as + transparency, information sharing, and a shared responsibility + in advancing global security; + (11) the recent coronavirus disease 2019 (COVID-19) global + pandemic has illustrated the dire consequences resulting from a + single disease that knows no boundaries, impacting the United + States economy and the health of United States citizens and + members of the Armed Forces, both domestically and abroad; + (12) in light of the impacts caused by COVID-19, and + following two congressionally mandated reports that call for + better implementation of the biological cooperative engagement + programs of the United States and the National Biodefense + Strategy (the report published by the Government Accountability + Office on March 11, 2020, titled ``National Biodefense + Strategy: Opportunities and Challenges with Early + Implementation'' and the report published by the National + Academies of Sciences, Engineering, and Medicine on April 14, + 2020, titled ``A Strategic Vision for Biological Threat + Reduction: The U.S. Department of Defense and Beyond''), it is + of utmost importance that such programs are given due and + increased prioritization for national security purposes; and + (13) the Secretary of Defense and the Secretary of State + should make every effort to prioritize and advance the + determination, concurrence, and notification processes under + the Department of Defense Cooperative Threat Reduction Act (50 + U.S.C. 3701 et seq.) to provide for necessary new country + determinations in a timely manner and be responsive to emerging + biological threats. + + TITLE XIV--OTHER AUTHORIZATIONS + + Subtitle A--Military Programs + +SEC. 1401. WORKING CAPITAL FUNDS. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for providing capital for working capital and +revolving funds, as specified in the funding table in section 4501. + +SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for the Department of Defense for fiscal year 2021 +for expenses, not otherwise provided for, for Chemical Agents and +Munitions Destruction, Defense, as specified in the funding table in +section 4501. + (b) Use.--Amounts authorized to be appropriated under subsection +(a) are authorized for-- + (1) the destruction of lethal chemical agents and munitions + in accordance with section 1412 of the Department of Defense + Authorization Act, 1986 (50 U.S.C. 1521); and + (2) the destruction of chemical warfare materiel of the + United States that is not covered by section 1412 of such Act. + +SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, +as specified in the funding table in section 4501. + +SEC. 1404. DEFENSE INSPECTOR GENERAL. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for the Office of the Inspector General of the Department of +Defense, as specified in the funding table in section 4501. + +SEC. 1405. DEFENSE HEALTH PROGRAM. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the Defense Health Program for use of the Armed Forces and other +activities and agencies of the Department of Defense for providing for +the health of eligible beneficiaries, as specified in the funding table +in section 4501. + +SEC. 1406. NATIONAL DEFENSE SEALIFT FUND. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the National Defense Sealift Fund, as specified in the funding +tables in section 4501. + + Subtitle B--Other Matters + +SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF + DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY + DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH + CARE CENTER, ILLINOIS. + + (a) Authority for Transfer of Funds.--Of the funds authorized to be +appropriated by section 1405 and available for the Defense Health +Program for operation and maintenance, $137,000,000 may be transferred +by the Secretary of Defense to the Joint Department of Defense- +Department of Veterans Affairs Medical Facility Demonstration Fund +established by subsection (a)(1) of section 1704 of the National +Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 +Stat. 2571). For purposes of subsection (a)(2) of such section 1704, +any funds so transferred shall be treated as amounts authorized and +appropriated specifically for the purpose of such a transfer. + (b) Use of Transferred Funds.--For the purposes of subsection (b) +of such section 1704, facility operations for which funds transferred +under subsection (a) may be used are operations of the Captain James A. +Lovell Federal Health Care Center, consisting of the North Chicago +Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and +supporting facilities designated as a combined Federal medical facility +under an operational agreement covered by section 706 of the Duncan +Hunter National Defense Authorization Act for Fiscal Year 2009 (Public +Law 110-417; 122 Stat. 4500). + +SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT + HOME. + + There is hereby authorized to be appropriated for fiscal year 2021 +from the Armed Forces Retirement Home Trust Fund the sum of $70,300,000 +for the operation of the Armed Forces Retirement Home. + + TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS + CONTINGENCY OPERATIONS + + Subtitle A--Authorization of Appropriations + +SEC. 1501. PURPOSE. + + The purpose of this title is to authorize appropriations for the +Department of Defense for fiscal year 2021 to provide additional funds +for overseas contingency operations being carried out by the Armed +Forces. + +SEC. 1502. PROCUREMENT. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for procurement accounts for the Army, the Navy and the Marine Corps, +the Air Force, and Defense-wide activities, as specified in the funding +table in section 4102. + +SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Department of Defense for research, development, +test, and evaluation, as specified in the funding table in section +4202. + +SEC. 1504. OPERATION AND MAINTENANCE. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for expenses, not otherwise provided for, for +operation and maintenance, as specified in the funding table in section +4302. + +SEC. 1505. MILITARY PERSONNEL. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for expenses, not otherwise provided for, +military personnel accounts, as specified in the funding table in +section 4402. + +SEC. 1506. WORKING CAPITAL FUNDS. + + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for providing capital for working capital and +revolving funds, as specified in the funding table in section 4502. + +SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, +as specified in the funding table in section 4502. + +SEC. 1508. DEFENSE INSPECTOR GENERAL. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of -Defense in the amount of $24,069,000. +Defense, as specified in the funding table in section 4502. + +SEC. 1509. DEFENSE HEALTH PROGRAM. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for the Defense Health Program, as specified in the funding table +in section 4502. + + Subtitle B--Financial Matters + +SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. + + The amounts authorized to be appropriated by this title are in +addition to amounts otherwise authorized to be appropriated by this +Act. + +SEC. 1512. SPECIAL TRANSFER AUTHORITY. + + (a) Authority To Transfer Authorizations.-- + (1) Authority.--Upon determination by the Secretary of + Defense that such action is necessary in the national interest, + the Secretary may transfer amounts of authorizations made + available to the Department of Defense in this title for fiscal + year 2021 between any such authorizations for that fiscal year + (or any subdivisions thereof). Amounts of authorizations so + transferred shall be merged with and be available for the same + purposes as the authorization to which transferred. + (2) Limitation.--The total amount of authorizations that + the Secretary may transfer under the authority of this + subsection may not exceed $2,500,000,000. + (b) Terms and Conditions.-- + (1) In general.--Transfers under this section shall be + subject to the same terms and conditions as transfers under + section 1001. + (2) Additional limitation on transfers from the national + guard and reserve equipment.--The authority provided by + subsection (a) may not be used to transfer any amount from + National Guard and Reserve Equipment. + (c) Additional Authority.--The transfer authority provided by this +section is in addition to the transfer authority provided under section +1001. + + Subtitle C--Other Matters + +SEC. 1521. AFGHANISTAN SECURITY FORCES FUND. + + (a) Continuation of Prior Authorities and Notice and Reporting +Requirements.--Funds available to the Department of Defense for the +Afghanistan Security Forces Fund for fiscal year 2021 shall be subject +to the conditions contained in-- + (1) subsections (b) through (f) of section 1513 of the + National Defense Authorization Act for Fiscal Year 2008 (Public + Law 110-181; 122 Stat. 428); and + (2) section 1521(d)(1) of the National Defense + Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 + Stat. 2577) (as amended by subsection (b)). + (b) Extension of Prior Notice and Reporting Requirements.--Section +1521(d)(1) of the National Defense Authorization Act for Fiscal Year +2017 (Public Law 114-328; 130 Stat. 2577) is amended by striking +``through January 31, 2021'' and inserting ``through January 31, +2023''. + (c) Equipment Disposition.-- + (1) Acceptance of certain equipment.--Subject to paragraph + (2), the Secretary of Defense may accept equipment that is + procured using amounts authorized to be appropriated for the + Afghanistan Security Forces Fund by this Act and is intended + for transfer to the security forces of the Ministry of Defense + and the Ministry of the Interior of the Government of + Afghanistan, but is not accepted by such security forces. + (2) Conditions on acceptance of equipment.--Before + accepting any equipment under the authority provided by + paragraph (1), the Commander of United States forces in + Afghanistan shall make a determination that such equipment was + procured for the purpose of meeting requirements of the + security forces of the Ministry of Defense and the Ministry of + the Interior of the Government of Afghanistan, as agreed to by + both the Government of Afghanistan and the Government of the + United States, but is no longer required by such security + forces or was damaged before transfer to such security forces. + (3) Elements of determination.--In making a determination + under paragraph (2) regarding equipment, the Commander of + United States forces in Afghanistan shall consider alternatives + to the acceptance of such equipment by the Secretary. An + explanation of each determination, including the basis for the + determination and the alternatives considered, shall be + included in the relevant quarterly report required under + paragraph (5). + (4) Treatment as department of defense stocks.--Equipment + accepted under the authority provided by paragraph (1) may be + treated as stocks of the Department of Defense upon + notification to the congressional defense committees of such + treatment. + (5) Quarterly reports on equipment disposition.-- + (A) In general.--Not later than 90 days after the + date of the enactment of this Act and every 90-day + period thereafter during which the authority provided + by paragraph (1) is exercised, the Secretary shall + submit to the congressional defense committees a report + describing the equipment accepted during the period + covered by such report under the following: + (i) This subsection. + (ii) Section 1521(b) of the National + Defense Authorization Act for Fiscal Year 2017 + (Public Law 114-328; 130 Stat. 2575). + (iii) Section 1531(b) of the National + Defense Authorization Act for Fiscal Year 2016 + (Public Law 114-92; 129 Stat. 1088). + (iv) Section 1532(b) of the Carl Levin and + Howard P. ``Buck'' McKeon National Defense + Authorization Act for Fiscal Year 2015 (Public + Law 113-291; 128 Stat. 3613). + (v) Section 1531(d) of the National Defense + Authorization Act for Fiscal Year 2014 (Public + Law 113-66; 127 Stat. 938; 10 U.S.C. 2302 + note). + (B) Elements.--Each report under subparagraph (A) + shall include a list of all equipment that was accepted + during the period covered by such report and treated as + stocks of the Department of Defense and copies of the + determinations made under paragraph (2), as required by + paragraph (3). + (d) Security of Afghan Women.-- + (1) In general.--Of the funds available to the Department + of Defense for the Afghan Security Forces Fund for fiscal year + 2021, it is the goal that $29,100,000, but in no event less + than $10,000,000, shall be used for the recruitment, + integration, retention, training, and treatment of women in the + Afghan National Defense and Security Forces. + (2) Types of programs and activities.--Such programs and + activities may include-- + (A) efforts to recruit and retain women into the + Afghan National Defense and Security Forces, including + the special operations forces; + (B) programs and activities of the Directorate of + Human Rights and Gender Integration of the Ministry of + Defense of Afghanistan and the Office of Human Rights, + Gender and Child Rights of the Ministry of Interior of + Afghanistan; + (C) development and dissemination of gender and + human rights educational and training materials and + programs within the Ministry of Defense and the + Ministry of Interior of Afghanistan; + (D) efforts to address harassment and violence + against women within the Afghan National Defense and + Security Forces; + (E) improvements to infrastructure that address the + requirements of women serving in the Afghan National + Defense and Security Forces, including appropriate + equipment for female security and police forces, and + transportation for policewomen to their station; + (F) support for Afghanistan National Police Family + Response Units; + (G) security provisions for high-profile female + police and military officers; + (H) programs to promote conflict prevention, + management, and resolution through the meaningful + participation of Afghan women in the Afghan National + Defense and Security Forces, by exposing Afghan women + and girls to the activities of and careers available + with such forces, encouraging their interest in such + careers, or developing their interest and skills + necessary for service in such forces; and + (I) enhancements to Afghan National Defense and + Security Forces recruitment programs for targeted + advertising with the goal of increasing the number of + female recruits. + (e) Assessment of Afghanistan Progress on Objectives.-- + (1) Assessment required.--Not later than 180 days after the + date of the enactment of this Act, the Secretary of Defense + shall, in consultation with the Secretary of State, submit to + the Committee on Armed Services and the Committee on Foreign + Affairs of the House of Representatives and the Committee on + Armed Services and the Committee on Foreign Relations of the + Senate an assessment describing-- + (A) the progress of the Government of the Islamic + Republic of Afghanistan toward meeting shared security + objectives; and + (B) the efforts of the Government of the Islamic + Republic of Afghanistan to manage, employ, and sustain + the equipment and inventory provided under subsection + (a). + (2) Matters to be included.--In conducting the assessment + required by paragraph (1), the Secretary of Defense shall + include each of the following: + (A) The extent to which the Government of + Afghanistan has a strategy for, and has taken steps + toward, increased accountability and the reduction of + corruption within the Ministry of Defense and the + Ministry of Interior of Afghanistan. + (B) The extent to which the capability and capacity + of the Afghan National Defense and Security Forces have + improved as a result of Afghanistan Security Forces + Fund investment, including through training, and an + articulation of the metrics used to assess such + improvements. + (C) The extent to which the Afghan National Defense + and Security Forces have been able to increase pressure + on the Taliban, al-Qaeda, the Haqqani network, the + Islamic State of Iraq and Syria-Khorasan, and other + terrorist organizations, including by re-taking + territory, defending territory, and disrupting attacks. + (D) The distribution practices of the Afghan + National Defense and Security Forces and whether the + Government of Afghanistan is ensuring that supplies, + equipment, and weaponry supplied by the United States + are appropriately distributed to, and employed by, + security forces charged with fighting the Taliban and + other terrorist organizations. + (E) A description of-- + (i) the policy governing the use of + Acquisition and Cross Servicing Agreements + (ACSA) in Afghanistan; + (ii) each ACSA transaction by type, amount, + and recipient for calendar year 2020; and + (iii) for any transactions from the United + States to Afghan military forces, an + explanation for why such transaction was not + carried out under the authorities of the + Afghanistan Security Forces Fund. + (F) The extent to which the Government of + Afghanistan has designated the appropriate staff, + prioritized the development of relevant processes, and + provided or requested the allocation of resources + necessary to support a peace and reconciliation process + in Afghanistan. + (G) A description of the ability of the Ministry of + Defense and the Ministry of Interior of Afghanistan to + manage and account for previously divested equipment, + including a description of any vulnerabilities or + weaknesses of the internal controls of such Ministry of + Defense and Ministry of Interior and any plan in place + to address shortfalls. + (H) A description of any significant irregularities + in the divestment of equipment to the Afghan National + Defense and Security Forces during the period beginning + on May 1, 2020, and ending on May 1, 2021, including + any major losses of such equipment or any inability on + the part of the Afghan National Defense and Security + Forces to account for equipment so procured. + (I) A description of the sustainment and + maintenance costs required during the 5-year period + beginning on the date of the enactment of this Act, for + major weapons platforms previously divested, and a + description of the plan for the Afghan National Defense + and Security Forces to maintain such platforms in the + future. + (J) The extent to which the Government of + Afghanistan is adhering to conditions for receiving + assistance established in annual financial commitment + letters or any other bilateral agreements with the + United States. + (K) The extent to which the Government of + Afghanistan has made progress in achieving security + sector benchmarks as outlined by the United States- + Afghan Compact (commonly known as the ``Kabul + Compact'') and a description of any other documents, + plans, or agreements used by the United States to + measure security sector progress. + (L) The extent to which the Government of + Afghanistan or the Secretary has developed a plan to + integrate former Taliban fighters into the Ministries + of Defense or Interior. + (M) Such other factors as the Secretaries consider + appropriate. + (N) The extent to which the Government of + Afghanistan has prioritized the development of relevant + processes to combat gross human rights violation and to + promote religious freedom and peace in Afghanistan. + (O) The extent to which the Afghan National Defense + and Security Forces have been able to promote religious + freedom by increasing pressure on the Taliban, al- + Qaeda, the Haqqani network, the Islamic State of Iraq + and Syria-Khorasan, and other terrorist organizations + by connecting regional peace with the practice of + freedom of religion or belief. + (3) Form.--The assessment required by paragraph (1) shall + be submitted in unclassified form, but may include a classified + annex. + (4) Withholding of assistance for insufficient progress.-- + (A) In general.--If the Secretary of Defense + determines, in coordination with the Secretary of State + and pursuant to the assessment under paragraph (1), + that the Government of Afghanistan has made + insufficient progress in the areas described in + paragraph (2), the Secretary of Defense shall-- + (i) withhold $401,500,000, to be derived + from amounts made available for assistance for + the Afghan National Defense and Security + Forces, from expenditure or obligation until + the date on which the Secretary certifies to + the congressional defense committees that the + Government of Afghanistan has made sufficient + progress; and + (ii) notify the congressional defense + committees not later than 30 days before + withholding such funds. + (B) Waiver.--If the Secretary of Defense determines + that withholding such assistance would impede the + national security objectives of the United States by + prohibiting, restricting, delaying, or otherwise + limiting the provision of assistance, the Secretary may + waive the withholding requirement under subparagraph + (A) if the Secretary, in coordination with the + Secretary of State, certifies such determination to the + congressional defense committees not later than 30 days + before the effective date of the waiver. + (f) Additional Reporting Requirements.--The Secretary of Defense +shall include in the materials submitted in support of the budget for +fiscal year 2022 that is submitted by the President under section +1105(a) of title 31, United States Code, each of the following: + (1) The amount of funding provided in fiscal year 2020 + through the Afghanistan Security Forces Fund to the Government + of Afghanistan in the form of direct government-to-government + assistance or on-budget assistance for the purposes of + supporting any entity of such government, including the Afghan + National Defense and Security Forces, the Afghan Ministry of + Interior, or the Afghan Ministry of Defense. + (2) The amount of funding provided and anticipated to be + provided, as of the date of the submission of the materials, in + fiscal year 2021 through such Fund in such form. + (3) To the extent the amount described in paragraph (2) + exceeds the amount described in paragraph (1), an explanation + as to the reason why the such amount is greater and the + specific entities and purposes that were supported by such + increase. + +SEC. 1522. REPORT ON TRANSITIONING FUNDING. + + The Secretary of Defense shall include, in the materials submitted +in support of the budget of the President (submitted to Congress +pursuant to section 1105 of title 31, United States Code) for fiscal +year 2022-- + (1) a description of each program funded in fiscal year + 2021 using amounts authorized to be appropriated for overseas + contingency operations under this title; + (2) the manner and extent to which the Secretary plans to + shift the funding of each such program in the ensuing fiscal + years to use amounts authorized to be appropriated other than + for overseas contingency operations being carried out by the + Armed Forces, disaggregated by fiscal year; and + (3) a plan to return all overseas contingency operations + funding to the base budget, as appropriate, in accordance with + the future-years defense plan set forth in the budget of the + President for fiscal year 2021. + + TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + + Subtitle A--Space Activities + +SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM. + + (a) Phase Two Acquisition Strategy.--In carrying out the phase two +acquisition strategy, the Secretary of the Air Force-- + (1) may not change the mission performance requirements; + (2) may not change the acquisition schedule; + (3) may not award phase two contracts after September 30, + 2024; + (4) shall award phase two contracts to not more than two + National Security Space Launch providers; + (5) shall ensure that launch services are procured only + from National Security Space Launch providers that meet the + requirements for the phase two contracts; + (6) not later than 180 days after the date on which phase + two contracts are awarded, shall terminate launch service + agreement contracts awarded under such phase two acquisition + strategy to each National Security Space Launch provider that + is not a down-selected National Security Launch provider; and + (7) may not increase the total amount of funding included + in the initial launch service agreements with down-selected + National Security Launch providers. + (b) Reusability.-- + (1) Certification.--Not later than 18 months after the date + on which the Secretary determines the down-selected National + Security Space Launch providers, the Secretary shall certify to + the appropriate congressional committees that the Secretary has + completed all non-recurring design validation of previously + flown launch hardware for National Security Space Launch + providers offering such hardware for use in phase two contracts + or in future national security space missions. + (2) Report.--Not later than 180 days after the date on + which the Secretary determines the down-selected National + Security Space Launch providers, the Secretary shall submit to + the appropriate congressional committees a report on the + progress of the Secretary with respect to completing all non- + recurring design validation of previously flown launch hardware + described in paragraph (1), including-- + (A) a justification for any deviation from the new + entrant certification guide; and + (B) a description of such progress with respect to + National Security Space Launch providers that are not + down-selected National Security Space Launch providers, + if applicable. + (c) Funding for Certification, Infrastructure, and Technology +Development.-- + (1) Authority.--Pursuant to section 2371b of title 10, + United States Code, not later than September 30, 2021, the + Secretary of the Air Force shall enter into three agreements + described in paragraph (3) with National Security Space Launch + providers-- + (A) to maintain competition in order to maximize + the likelihood of at least three National Security + Space Launch providers competing for phase three + contracts; and + (B) to support innovation for national security + launches under phase three contracts. + (2) Competitive procedures.--The Secretary shall carry out + paragraph (1) by conducting a full and open competition among + all National Security Space Launch providers that may submit + bids for a phase three contract. + (3) Agreements.--An agreement described in this paragraph + is an agreement that provides a National Security Space Launch + provider with not more than $150,000,000 for the provider to + conduct either or both of the following activities: + (A) Meet the certification and infrastructure + requirements that are-- + (i) unique to national security space + missions; and + (ii) necessary for a phase three contract. + (B) Develop transformational technologies in + support of the national security space launch + capability for phase three contracts (such as + technologies regarding launch, maneuver, and transport + capabilities for enhanced resiliency and security + technologies, as identified in the National Security + Launch Architecture study of the Space and Missile + Systems Center of the Space Force). + (4) Report.--Not later than 30 days after the date on which + the Secretary enters into an agreement under paragraph (1), the + Secretary shall submit to the appropriate congressional + committees a report explaining how the Secretary determined the + certification and infrastructure requirements and the + transformational technologies covered under paragraph (3). + (d) Briefing.--Not later than December 31, 2020, the Secretary +shall provide to the congressional defense committees a briefing on the +progress made by the Secretary in ensuring that full and open +competition exists for phase three contracts, including-- + (1) a description of progress made to establish the + requirements for phase three contracts, including such + requirements that the Secretary determines cannot be met by the + commercial market; + (2) whether the Secretary determines that additional + development funding will be necessary for such phase; + (3) a description of the estimated costs for the + development described in subparagraphs (A) and (B) of + subsection (c)(3); and + (4) how the Secretary will-- + (A) ensure full and open competition for technology + development for phase three contracts; and + (B) maintain competition. + (e) Rule of Construction.--Nothing in this section may be construed +to delay the award of phase two contracts. + (f) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' + means-- + (A) the congressional defense committees; and + (B) the Permanent Select Committee on Intelligence + of the House of Representatives and the Select + Committee on Intelligence of the Senate. + (2) The term ``down-selected National Security Launch + provider'' means a National Security Space Launch provider that + the Secretary of the Air Force selected to be awarded phase two + contracts. + (3) The term ``phase three contract'' means a contract + awarded using competitive procedures for launch services under + the National Security Space Launch program after fiscal year + 2024. + (4) The term ``phase two acquisition strategy'' means the + process by which the Secretary of the Air Force enters into + phase two contracts during fiscal year 2020, orders launch + missions during fiscal years 2020 through 2024, and carries out + such launches under the National Security Space Launch program. + (5) The term ``phase two contract'' means a contract + awarded during fiscal year 2020 using competitive procedures + for launch missions ordered under the National Security Space + Launch program during fiscal years 2020 through 2024. + +SEC. 1602. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM NATIONAL + TECHNOLOGY AND INDUSTRIAL BASE. + + Section 2534(a) of title 10, United States Code, is amended by +adding at the end the following new paragraph: + ``(7) Star tracker.--A star tracker used in a satellite + weighing more than 400 pounds whose principle purpose is to + support the national security, defense, or intelligence needs + of the United States Government.''. + +SEC. 1603. COMMERCIAL SPACE DOMAIN AWARENESS CAPABILITIES. + + (a) Procurement.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of the Air Force shall procure +commercial space domain awareness services by awarding at least two +contracts for such services. + (b) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2021 for the enterprise +space battle management command and control, not more than 75 percent +may be obligated or expended until the date on which the Secretary of +Defense, without delegation, certifies to the congressional committees +that the Secretary of the Air Force has awarded the contracts under +subsection (a). + (c) Report.--Not later than January 31, 2021, the Chief of Space +Operations, in coordination with the Secretary of the Air Force, shall +submit to the congressional defense committees a report detailing the +commercial space domain awareness services, data, and analytics of +objects in low-earth orbit that have been purchased during the two-year +period preceding the date of the report. The report shall be submitted +in unclassified form. + (d) Commercial Space Domain Awareness Services Defined.--In this +section, the term ``commercial space domain awareness services'' means +space domain awareness data, processing software, and analytics derived +from best-in-breed commercial capabilities to address warfighter +requirements in low-earth orbit and fill gaps in current space domain +capabilities of the Space Force, including commercial capabilities to-- + (1) provide conjunction and maneuver alerts; + (2) monitor breakup and launch events; and + (3) detect and track objects smaller than 10 centimeters in + size. + +SEC. 1604. RESPONSIVE SATELLITE INFRASTRUCTURE. + + (a) In General.--The Secretary of Defense shall establish a +domestic responsive satellite manufacturing capability for Department +of Defense space operations to be used-- + (1) for the development of components, systems, structures, + and payloads necessary to reconstitute a national security + space asset that has been destroyed, failed, or otherwise + determined to be incapable of performing mission requirements; + and + (2) to rapidly acquire and field necessary space-based + capabilities needed to maintain continuity of national security + space missions and limit capability disruption to the + warfighter. + (b) Plan for Responsive Satellite Infrastructure.--The Secretary of +Defense, in consultation with the Secretary of the Air Force, the Chief +of Space Operations, and the Commander of United States Space Command, +shall develop an operational plan and acquisition strategy for +responsive satellite infrastructure to swiftly identify need, develop +capability, and launch a responsive satellite to fill a critical +capability gap in the event of destruction or failure of a space asset +or otherwise determined need. + (c) Matters Included.--The plan outlined under subsection (b) shall +include the following: + (1) A process for determining whether the reconstitution of + a space asset is necessary. + (2) The timeframe in which a developed satellite is + determined to be ``responsive''. + (3) A plan to leverage domestic commercial entities in the + ``new space'' supply chain that have already demonstrated rapid + satellite product development and delivery capability to meet + new ``mission responsiveness'' requirements being passed down + by Department of Defense prime satellite contractors in-- + (A) power systems and solar arrays; + (B) payloads and integration features; and + (C) buses and structures. + (4) An assessment of acquisition requirements and standards + necessary for commercial entities to meet Department of Defense + validation of supply chains, processes, and technologies while + operating under rapid development cycles needed to maintain a + responsive timeframe as determined by paragraph (2). + (5) Such other matters as the Secretary considers + appropriate. + (d) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to +Congress a report detailing the plan under subsection (b). + +SEC. 1605. POLICY TO ENSURE LAUNCH OF SMALL-CLASS PAYLOADS. + + (a) In General.--The Secretary of Defense shall establish a small +launch and satellite policy to ensure responsive and reliable access to +space through the processing and launch of Department of Defense small- +class payloads. + (b) Policy.--The policy under subsection (a) shall include, at a +minimum, providing resources and policy guidance to sustain-- + (1) the availability of small-class payload launch service + providers using launch vehicles capable of delivering into + space small payloads designated by the Secretary of Defense as + a national security payload; + (2) a robust small-class payload space launch + infrastructure and industrial base; + (3) the availability of rapid, responsive, and reliable + space launches for national security space programs to-- + (A) improve the responsiveness and flexibility of a + national security space system; + (B) lower the costs of launching a national + security space system; and + (C) maintain risks of mission success at acceptable + levels; + (4) a minimum number of dedicated launches each year; and + (5) full and open competition including small launch + providers and rideshare opportunities. + (c) Acquisition Strategy.--The Secretary shall develop and carry +out a 5-year phased acquisition strategy, including near and long term, +for the small launch and satellite policy under subsection (a). + (d) Elements.--The acquisition strategy under subsection (c) +shall-- + (1) provide the necessary-- + (A) stability in budgeting and acquisition of + capabilities; + (B) flexibility to the Federal Government; and + (C) procedures for fair competition; and + (2) specifically take into account, as appropriate per + competition, the effect of-- + (A) contracts or agreements for launch services or + launch capability entered into by the Department of + Defense with small-class payload space launch + providers; + (B) the requirements of the Department of Defense, + including with respect to launch capabilities and + pricing data, that are met by such providers; + (C) the cost of integrating a satellite onto a + launch vehicle; + (D) launch performance history (at least three + successful launches of the same launch vehicle design) + and maturity; + (E) ability of a launch provider to provide the + option of dedicated and rideshare launch capabilities; + and + (F) any other matters the Secretary considers + appropriate. + (e) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees a report describing a plan for the policy under +subsection (a), including with respect to the cost of launches and an +assessment of mission risk. + +SEC. 1606. TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS. + + The Secretary of the Air Force shall implement a tactically +responsive space launch program-- + (1) to provide long-term continuity for tactically + responsive space launch operations across the future-years + defense program submitted to Congress under section 221 of + title 10, United States Code; + (2) to accelerate the development of-- + (A) responsive launch concepts of operations; + (B) tactics; + (C) training; and + (D) procedures; + (3) to develop appropriate processes for tactically + responsive space launch, including-- + (A) mission assurance processes; and + (B) command and control, tracking, telemetry, and + communications; and + (4) to identify basing capabilities necessary to enable + tactically responsive space launch, including mobile launch + range infrastructure. + +SEC. 1607. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE PROGRAM + FOR MULTI-GLOBAL NAVIGATION SATELLITE SYSTEM RECEIVER + DEVELOPMENT. + + Of the funds authorized to be appropriated by this Act or otherwise +made available for fiscal year 2021 for increment 2 of the acquisition +of military Global Positioning System user equipment terminals, not +more than 80 percent may be obligated or expended until the date on +which the Secretary of Defense-- + (1) certifies to the congressional defense committees that + the Secretary of the Air Force is carrying out the program + required under section 1607 of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1724); and + (2) provides to the Committees on Armed Services of the + House of Representatives and the Senate a briefing on how the + Secretary is implementing such program, including with respect + to addressing each element specified in subsection (b) of such + section. + +SEC. 1608. LIMITATION ON AWARDING CONTRACTS TO ENTITIES OPERATING + COMMERCIAL TERRESTRIAL COMMUNICATION NETWORKS THAT CAUSE + INTERFERENCE WITH THE GLOBAL POSITIONING SYSTEM. + + The Secretary of Defense may not enter into a contract, or extend +or renew a contract, with an entity that engages in commercial +terrestrial operations using the 1525-1559 megahertz band or the +1626.5-1660.5 megahertz band unless the Secretary has certified to the +congressional defense committees that such operations do not cause +harmful interference to a Global Positioning System device of the +Department of Defense. + +SEC. 1609. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES + RELATING TO THE GLOBAL POSITIONING SYSTEM. + + (a) Findings.--Congress finds the following: + (1) On April 19, 2020, the Federal Communications + Commission issued an order and authorization granting Ligado + Networks LLC the authority to operate a nationwide terrestrial + communications network using the 1526-1536 megahertz band, the + 1627.5-1637.5 megahertz band, or the 1646.5-1656.5 megahertz + band. + (2) In an attempt to address interference to the Global + Positioning System operating near those bands, Ligado Networks + LLC has committed to assuming the costs mitigating any + interference caused by their network. + (3) In the approval order, the Federal Communications + Commission directed that ``Ligado takes all necessary + mitigation measures to prevent or remediate any potential + harmful interference to U.S. Government devices, including + devices used by the military, that are identified both pre- and + post-deployment of Ligado's network.''. + (4) In a letter to the Committee on Armed Services of the + House of Representatives dated May 21, 2020, Ligado Networks + LLC reaffirmed the commitment to bear the costs to the + Department of Defense, stating that the ``FCC directed Ligado + to provide protections to GPS devices using its spectrum by + imposing stringent coordination, cooperation, and replacement + obligations on Ligado, so that Ligado bears the burden'' and + ``Make no mistake: the obligation is ours, and the burden falls + solely on our company.''. + (b) Prohibition.--Except as provided by subsection (c), none of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2021 or any subsequent fiscal year for the +Department of Defense may be obligated or expended to retrofit any +Global Positioning System device or system, or network that uses the +Global Positioning System, in order to mitigate interference from +commercial terrestrial operations using the 1526-1536 megahertz band, +the 1627.5-1637.5 megahertz band, or the 1646.5-1656.5 megahertz band. + (c) Actions Not Prohibited.--The prohibition in subsection (a) +shall not apply to any action taken by the Secretary of Defense +relating to-- + (1) conducting technical or information exchanges with the + entity that operates the commercial terrestrial operations in + the megahertz bands specified in such subsection; + (2) seeking compensation for interference from such entity; + or + (3) Global Positioning System receiver upgrades needed to + address other resiliency requirements. + +SEC. 1610. REPORT ON RESILIENT PROTECTED COMMUNICATIONS SATELLITES. + + (a) Findings.--Congress finds the following: + (1) The national command, control, and communications + system of the Department of Defense is essential to the + national security of the United States. + (2) The Department of Defense requires the space segments + of such system to be resilient and survivable to address + advanced threats from Russia and China. + (3) The next-generation overhead persistent infrared + missile warning satellites are being upgraded with enhanced + resiliency features to make them much less vulnerable to attack + and will begin launch in 2025. + (4) Because missile warning satellites rely on protected + communications satellites to relay warnings and response + orders, the next-generation overhead persistent infrared + missile warning satellites will require protected + communications satellites with enhanced resiliency features, + however, the current plan of the Space Force is to provide + those capabilities with the evolved strategic satellite + communications program that will not be available until 2032 or + later. + (5) As a result, the Chief of Space Operations should + implement an accelerated plan to achieve more resilient + protected communications satellites without delay. + (b) Report.--Not later than 60 days after the date of the enactment +of this Act, the Chief of Space Operations shall submit to the +congressional defense committees a report on how the Space Force will +address the need for resilient protected communications satellites +during the years 2025 through 2032. + +SEC. 1610A. PERMANENT PERSONNEL MANAGEMENT AUTHORITY FOR SPACE + DEVELOPMENT AGENCY FOR EXPERTS IN SCIENCE AND + ENGINEERING. + + (a) Program Authorized for Space Development Agency.--Section +1599h(a) of title 10, United States Code, is amended by adding at the +end the following new paragraph: + ``(7) SDA.--The Director of the Space Development Agency + may carry out a program of personnel management authority + provided in subsection (b) in order to facilitate recruitment + of eminent experts in science or engineering for research and + development projects and to enhance the administration and + management of the Agency.''. + (b) Personnel Management Authority.--Section 1599h(b)(1) of such +title is amended-- + (1) by striking ``and'' at the end of subparagraph (E); + (2) by inserting ``and'' after the semicolon at the end of + subparagraph (F); and + (3) by adding at the end the following new subparagraph: + ``(G) in the case of the Space Development Agency, + appoint individuals to a total of not more than 10 + positions in the Agency, of which not more than 5 such + positions may be positions of administration or + management of the Agency;''. + +SEC. 1610B. REPORT ON EFFECT OF COVID-19 ON SPACE INDUSTRIAL BASE AND + SPACE PROGRAMS OF DEPARTMENT OF DEFENSE. + + Not later than 120 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report on the current and projected effects of COVID-19 on +the space industrial base and the space programs of Department of +Defense. The report shall include an assessment of each of the +following: + (1) COVID-19 related and associated impacts to cost, + timeline, and performance to the space industrial base and the + space programs of Department, including with respect to-- + (A) procurement and acquisition; + (B) research, development, test, and evaluation; + (C) partnerships with non-Federal governmental + entities, such as universities and not-for-profit + organizations; and + (D) labor force disruptions; + (2) Regional and sector-specific disruptions and concerns. + (3) Current mitigation strategies by both the Federal + Government and industry. + (4) Any supplemental disaster appropriations requirements + to mitigate impacts to such programs. + (5) Recommendations to address risks and threats to the + Federal Government and industry relating to such impacts. + +SEC. 1610C. SATELLITE GROUND NETWORK FREQUENCY LICENSING. + + (a) Report on Department of Defense Satellite Antenna Frequency +Licensing Processes.-- + (1) Reporting requirement.--Not later than 180 days after + the date of the enactment of this Act, the Secretary of + Defense, in consultation with the Secretary of the Air Force + and the Chief of Space Operations, shall submit to the + Committees on Armed Services of the House of Representatives + and the Senate, and to any other appropriate congressional + committee upon request, a report on the Department's processes + and procedures for identifying and securing frequency licenses + for national security space ground assets. + (2) Matters included.--The report provided under paragraph + (1) shall address the following: + (A) An assessment of current processes, procedures, + requirements, timelines, and entities necessary to + coordinate and secure frequency licensing for + Department of Defense space ground antenna and assets. + (B) A plan to address and streamline procedures + regarding the ingestion and licensing of commercial + industry antenna in support of the augmentation of + existing network capacity. + (C) A review of FOUO classification requirements + for information and specifications related to the items + addressed within this report. + (D) Such other matters as the Secretary considers + appropriate. + (b) Designation of Antenna Specifications.--Not later than 1 year +after the date of enactment of this Act, the Secretary of the Air +Force, in coordination with the Chief of Space Operations (CSO), shall +identify and re-designate controlled unclassified information regarding +details and technical antenna specifications, necessary to complete +National Telecommunications and Information Administration (NTIA), +Federal Communication Commission (FCC), and Friendly Nation frequency +licensing processes, so that such information may be shared in regards +to the guidelines of ``Distribution Statement A'' as defined by DoDI +5230.24. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means the following: + (1) The congressional defense committees. + (2) The Permanent Select Committee on Intelligence of the + House of Representatives and the Select Committee on + Intelligence of the Senate. + + Subtitle B--Defense Intelligence and Intelligence-Related Activities + +SEC. 1611. VALIDATION OF CAPABILITY REQUIREMENTS OF NATIONAL + GEOSPATIAL-INTELLIGENCE AGENCY. + + Section 442 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(f) Validation.--The National Geospatial-Intelligence Agency +shall assist the Joint Chiefs of Staff, combatant commands, and the +military departments in establishing, coordinating, consolidating, and +validating mapping, charting, geodetic data, and safety of navigation +capability requirements through a formal process governed by the Joint +Staff. Consistent with validated requirements, the National Geospatial- +Intelligence Agency shall provide aeronautical and nautical charts that +are safe for navigation, maps, books, datasets, models, and geodetic +products.''. + +SEC. 1612. SAFETY OF NAVIGATION MISSION OF THE NATIONAL GEOSPATIAL- + INTELLIGENCE AGENCY. + + (a) Mission of National Geospatial-Intelligence Agency.--Section +442 of title 10, United States Code, as amended by section 1611, is +further amended-- + (1) in subsection (b)-- + (A) by striking ``means of navigating vessels of + the Navy and the merchant marine'' and inserting ``the + means for safe navigation''; and + (B) by striking ``and inexpensive nautical charts'' + and all that follows and inserting ``geospatial + information for use by the departments and agencies of + the United States, the merchant marine, and navigators + generally.''; and + (2) in subsection (c)-- + (A) by striking ``shall prepare and'' and inserting + ``shall acquire, prepare, and''; + (B) by striking ``charts'' and inserting ``safe- + for-navigation charts and datasets''; and + (C) by striking ``geodetic'' and inserting + ``geomatics''. + (b) Maps, Charts, and Books.-- + (1) In general.--Section 451 of title 10, United States + Code, is amended-- + (A) in the heading, by striking ``and books'' and + inserting ``books, and datasets''; + (B) in paragraph (1), by striking ``maps, charts, + and nautical books'' and inserting ``nautical and + aeronautical charts, topographic and geomatics maps, + books, models, and datasets''; and + (C) by amending paragraph (2) to read as follows: + ``(2) acquire (by purchase, lease, license, or barter) all + necessary rights, including copyrights and other intellectual + property rights, required to prepare, publish, and furnish to + navigators the products described in paragraph (1).''. + (2) Table of sections amendment.--The table of sections at + the beginning of subchapter II of chapter 22 of title 10, + United States Code, is amended by striking the item relating to + section 451 and inserting the following new item: + +``451. Maps, charts, books, and datasets.''. + (c) Civil Actions Barred.--Section 456 of title 10, United States +Code, is amended by striking subsections (a) and (b) and inserting the +following: + ``No civil action may be brought against the United States on the +basis of the content of geospatial information prepared or disseminated +by the National Geospatial-Intelligence Agency.''. + (d) Definitions.--Section 467 of title 10, United States Code, is +amended-- + (1) in paragraph (4)-- + (A) in the matter preceding subparagraph (A), by + inserting ``or about'' after ``boundaries on''; + (B) in subparagraph (A), by striking + ``statistical''; and + (C) in subparagraph (B)-- + (i) by striking ``geodetic'' and inserting + ``geomatics''; and + (ii) by inserting ``and services'' after + ``products''; and + (2) in paragraph (5), by inserting ``or about'' after + ``activities on''. + +SEC. 1613. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE. + + (a) In General.--The Under Secretary of Defense for Intelligence +and Security, in coordination with the Director of National +Intelligence, shall enter into a joint agreement with the Academies to +create a new ``National Academies Climate Security Roundtable'' (in +this section referred to as the ``roundtable''). + (b) Participants.--The roundtable shall include-- + (1) the members of the Climate Security Advisory Council + established under section 120 of the National Security Act of + 1947 (50 U.S.C. 3060); + (2) senior representatives and practitioners from Federal + science agencies, elements of the intelligence community, and + the Department of Defense, who are not members of the Council; + and + (3) key stakeholders in the United States scientific + enterprise, including institutions of higher education, Federal + research laboratories (including the national security + laboratories), industry, and nonprofit research organizations. + (c) Purpose.--The purpose of the roundtable is-- + (1) to support the duties and responsibilities of the + Climate Security Advisory Council under section 120(c) of the + National Security Act of 1947 (50 U.S.C. 3060(c)); + (2) to develop best practices for the exchange of data, + knowledge, and expertise among elements of the intelligence + community, elements of the Federal Government that are not + elements of the intelligence community, and non-Federal + researchers; + (3) to facilitate dialogue and collaboration about relevant + collection and analytic priorities among participants of the + roundtable with respect to climate security; + (4) to identify relevant gaps in the exchange of data, + knowledge, or expertise among participants of the roundtable + with respect to climate security, and consider viable solutions + to address such gaps; and + (5) to provide any other assistance, resources, or + capabilities that the Director of National Intelligence or the + Under Secretary determines necessary with respect to the + Council carrying out the duties and responsibilities of the + Council under such section 120(c). + (d) Meetings.--The roundtable shall meet at least quarterly, in +coordination with the meetings of the Climate Security Advisory Council +under section 120(c)(1) of the National Security Act of 1947 (50 U.S.C. +3060(c)(1)). + (e) Reports and Briefings.--The joint agreement under subsection +(a) shall specify that-- + (1) the roundtable shall organize workshops, on at least a + biannual basis, that include both participants of the + roundtable and persons who are not participants, and may be + conducted in classified or unclassified form in accordance with + subsection (f); + (2) on a regular basis, the roundtable shall produce + classified and unclassified reports on the topics described in + subsection (c) and the activities of the roundtable, and other + documents in support of the duties and responsibilities of the + Climate Security Advisory Council under section 120(c) of the + National Security Act of 1947 (50 U.S.C. 3060(c)); + (3) the Academies shall provide recommendations by + consensus to the Council on both the topics described in + subsection (c) and specific topics as identified by + participants of the roundtable; + (4) not later than March 1, 2021, and annually thereafter + during the life of the roundtable, the Academies shall provide + a briefing to the appropriate congressional committees on the + progress and activities of the roundtable; and + (5) not later than September 30, 2025, the Academies shall + submit a final report to the appropriate congressional + committees on the activities of the roundtable. + (f) Security Clearances.--Each participant of the roundtable shall +have a security clearance at the appropriate level to carry out the +duties of the participant under this section. A person who is not a +participant who attends a workshop under subsection (e)(1) is not +required to have a security clearance, and the roundtable shall ensure +that any such workshop is held at the appropriate classified or +unclassified level. + (g) Termination.--The roundtable shall terminate on September 30, +2025. + (h) Definitions.--In this section: + (1) The term ``Academies'' means the National Academies of + Sciences, Engineering, and Medicine. + (2) The term ``appropriate congressional committees'' + means-- + (A) the Committee on Science, Space, and + Technology, the Committee on Armed Services, the + Committee on Foreign Affairs, and the Permanent Select + Committee on Intelligence of the House of + Representatives; and + (B) the Committee on Commerce, Science, and + Transportation, the Committee on Armed Services, the + Committee on Foreign Relations, and the Select + Committee on Intelligence of the Senate. + (3) The term ``Federal science agency'' means any agency or + department of the Federal Government with at least $100,000,000 + in basic and applied research obligations in fiscal year 2019. + (4) The term ``intelligence community'' has the meaning + given that term in section 3 of the National Security Act of + 1947 (50 U.S.C. 3003). + (5) The term ``national security laboratory'' has the + meaning given the term in section 4002 of the Atomic Energy + Defense Act (50 U.S.C. 2501). + +SEC. 1614. REPORT ON RISK TO NATIONAL SECURITY POSED BY QUANTUM + COMPUTING TECHNOLOGIES. + + (a) Report.-- + (1) Requirement.--Not later than December 31, 2021, the + Secretary of Defense shall submit to the congressional defense + committees a report containing an assessment of the current and + potential threats and risks posed by quantum computing + technologies. The Secretary shall conduct the assessment in a + manner that allows the Secretary to better understand and + prepare to counter the risks of quantum computing to national + security. + (2) Matters included.--The report under paragraph (1) shall + include the following: + (A) An identification of national security systems + that are vulnerable to current and potential threats + and risks posed by quantum computing technologies. + (B) An assessment of quantum-resistant + cryptographic standards, including a timeline for the + development of such standards. + (C) An assessment of the feasibility of alternate + quantum-resistant models. + (D) A description of any funding shortfalls in + public and private efforts to develop such standards + and models. + (E) Recommendations to counter the threats and + risks posed by quantum computing technologies that + prioritize, secure, and resource the defense of + national security systems identified under subparagraph + (A). + (b) Briefings.--During the period preceding the date on which the +Secretary submits the report under subsection (a), the Secretary shall +include in the quarterly briefings under section 484 of title 10, +United States Code, an update on the assessment conducted under such +subsection. + (c) Form.--The report under subsection (a) may be submitted in +classified form. + + Subtitle C--Cyberspace-Related Matters + +SEC. 1621. CYBER MISSION FORCES AND CYBERSPACE OPERATIONS FORCES. + + Subsection (a) of section 238, title 10, United States Code, is +amended-- + (1) in the matter preceding paragraph (1)-- + (A) by striking ``The Secretary'' and inserting + ``Not later than five days after the submission by the + President under section 1105(a) of title 31 of the + budget, the Secretary''; + (B) by inserting ``in both electronic and print + formats'' after ``submit''; and + (C) by striking ``2017'' and inserting ``2021''; + (2) in paragraph (1), by inserting ``and the cyberspace + operations forces'' before the semicolon; and + (3) in paragraph (2), by inserting ``and the cyberspace + operations forces'' before the period. + +SEC. 1622. CYBERSPACE SOLARIUM COMMISSION. + + Section 1652 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232), is amended-- + (1) in subsection (b)(1)-- + (A) in subparagraph (A), by-- + (i) striking clauses (i) through (iv); and + (ii) redesignating clauses (v) through + (viii) as clauses (i) through (iv), + respectively; and + (B) in subparagraph (B)(i), by striking ``and who + are appointed under clauses (iv) through (vii) of + subparagraph (A)''; + (2) in subsection (d)(2), by striking ``Seven'' and + inserting ``Six''; + (3) in subsection (h), by-- + (A) striking ``(1) In general.--(A)''; and + (B) striking paragraph (2); + (4) in subsection (i)(1)(B), by striking ``officers or + employees of the United States or''; and + (5) in subsection (k)(2)-- + (A) in subparagraph (A), by striking ``at the end + of the 120-day period beginning on'' and inserting ``2 + years after''; + (B) in subparagraph (B), by-- + (i) striking ``may use the 120-day'' and + inserting ``shall use the 2-year''; + (ii) striking ``for the purposes of + concluding its activities, including providing + testimony to Congress concerning the final + report referred to in that paragraph and + disseminating the report'' and inserting the + following: ``for the purposes of--'': + ``(i) collecting and assessing comments and + feedback from the Executive Branch, academia, + and the public on the analysis and + recommendations contained in the Commission's + report; + ``(ii) collecting and assessing any + developments in cybersecurity that may affect + the analysis and recommendations contained in + the Commission's report; + ``(iii) reviewing the implementation of the + recommendations contained in the Commission's + report; + ``(iv) revising, amending, or making new + recommendations based on the assessments and + reviews required under clauses (i)-(iii); + ``(v) providing an annual update to the + congressional defense committees, the + congressional intelligence committees, the + Committee on Homeland Security of the House of + Representatives, the Committee on Homeland + Security and Governmental Affairs of the + Senate, the Director of National Intelligence, + the Secretary of Defense, and the Secretary of + Homeland Security in a manner and format + determined by the Commission regarding any such + revisions, amendments, or new recommendations; + and + ``(vi) concluding its activities, including + providing testimony to Congress concerning the + final report referred to in that paragraph and + disseminating the report.''; and + (C) by adding at the end the following new + subparagraph: + ``(C) If the Commission is extended, and the effective date + of such extension is after the date on which the Commission + terminated, the Commission shall be deemed reconstituted with + the same members and powers that existed on the day before such + termination date, except that-- + ``(i) a member of the Commission may serve only if + the member's position continues to be authorized under + subsection (b); + ``(ii) no compensation or entitlements relating to + a person's status with the Commission shall be due for + the period between the termination and reconstitution + of the Commission; + ``(iii) nothing in this subparagraph may be + construed as requiring the extension or reemployment of + any staff member or contractor working for the + Commission; + ``(iv) the staff of the Commission shall be-- + ``(I) selected by the co-chairs of the + Commission in accordance with subsection + (h)(1); + ``(II) comprised of not more than four + individuals, including a staff director; and + ``(III) resourced in accordance with + subsection (g)(4)(A); + ``(v) with the approval of the co-chairs, may be + provided by contract with a nongovernmental + organization; + ``(vi) any unexpended funds made available for the + use of the Commission shall continue to be available + for use for the life of the Commission, as well as any + additional funds appropriated to the Department of + Defense that are made available to the Commission, + provided that the total such funds does not exceed + $1,000,000 from the reconstitution of the Commission to + the completion of the Commission; and + ``(vii) the requirement for an assessment of the + final report in subsection (l) shall be updated to + require annually for a period of 2 years further + assessments of the Federal Government's responses to + the Commission's recommendations contained in such + final report.''. + +SEC. 1623. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS. + + (a) In General.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of the Navy, in conjunction with +the Chief of Naval Operations, shall submit to the congressional +defense committees a study of the Navy Cyber Warfare Development Group +(NCWDG). + (b) Elements.--The study required under subsection (a) shall +include the following: + (1) An examination of NCWDG's structure, manning, + authorities, funding, and operations. + (2) A review of organizational relationships both within + the Navy and to other Department of Defense organizations, as + well as non-Department of Defense organizations. + (3) Recommendations for how the NCWDG can be strengthened + and improved, without growth in size. + (c) Designation.--Notwithstanding any other provision of law, the +Secretary of the Navy shall designate the NCWDG as a screened command. + (d) Release.--The Secretary of the Navy shall transmit the study +required under subsection (a) to the secretaries of the military +services and the Commander of United States Special Operations Command. + (e) Exemplar.--The service secretaries and the Commander of United +States Special Operations Command are authorized to establish +counterpart tailored cyberspace operations organizations of comparable +size to the NCWDG within the military service or command, respectively, +of each such secretary and Commander. Such counterpart organizations +shall have the same authorities as the NCWDG. Not later than 30 days +after receipt by each of the service secretaries and the Commander +under subsection (d) of the study required under subsection (a), each +such service secretary and Commander, as the case may be, shall brief +the congressional defense committees regarding whether or not each such +service secretary or Commander intends to utilize the authority under +this subsection. + +SEC. 1624. RESPONSIBILITY FOR THE SECTOR RISK MANAGEMENT AGENCY + FUNCTION OF THE DEPARTMENT OF DEFENSE. + + (a) Definitions.-- + (1) In general.--In this section: + (A) Critical infrastructure.--The term ``critical + infrastructure'' has the meaning given such term in + section 1016(e) of the Uniting and Strengthening + America by Providing Appropriate Tools Required to + Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act + of 2001 (42 U.S.C. 5195c(e)). + (B) Sector risk management agency.--The term + ``Sector Risk Management Agency'' means a Federal + department or agency designated as a Sector Specific + Agency under Presidential Policy Directive-21 to be + responsible for providing institutional knowledge and + specialized expertise to, as well as leading, + facilitating, or supporting, the security and + resilience programs and associated activities of its + designated critical infrastructure sector in the all- + hazards environment. + (2) Reference.--Any reference to a Sector-Specific Agency + in any law, regulation, map, document, record, or other paper + of the United States shall be deemed to be a reference to the + Sector Risk Management Agency of the Federal Government for the + relevant critical infrastructure sector. + (b) Designation.--The Secretary of Defense shall designate the +Principal Cyber Advisor of the Department of Defense as the lead +official, and the Office of the Principal Cyber Advisor as the lead +component, for the Department's role and functions as the Sector Risk +Management Agency for the Defense Industrial Base. + (c) Responsibilities.--As the lead official for the Department of +Defense's Sector Risk Management Agency functions, the Principal Cyber +Advisor of the Department shall be responsible for all activities +performed by the Department in its support of the Defense Industrial +Base, as one of the critical infrastructure sectors of the United +States. Such activities shall include the following: + (1) Synchronization, harmonization, de-confliction, and + management for the execution of all Department programs, + initiatives, efforts, and communication related to the + Department's Sector Risk Management Agency function, including + any Department program, initiative, or effort that addresses + the cybersecurity of the Defense Industrial Base. + (2) Leadership and management of the Defense Industrial + Base Government Coordinating Council. + (3) Direct interface and sponsorship of the Defense + Industrial Base Sector Coordinating Council. + (4) Organization of quarterly in-person meetings of both + the Defense Industrial Base Government Coordinating Council and + the Defense Industrial Base Sector Coordinating Council. + (d) Additional Functions.--In carrying out this section, the +Principal Cyber Advisor of the Department of Defense shall-- + (1) coordinate with relevant Federal departments and + agencies, and collaborate with critical infrastructure owners + and operators, where appropriate with independent regulatory + agencies, and with State, local, territorial, and Tribal + entities, as appropriate; + (2) serve as a day-to-day Federal interface for the dynamic + prioritization and coordination of sector-specific activities; + (3) carry out incident management responsibilities; + (4) provide, support, or facilitate technical assistance + and consultations for the Defense Industrial Base to identify + cyber or physical vulnerabilities and help mitigate incidents, + as appropriate; and + (5) support the statutorily required reporting requirements + of such relevant Federal departments and agencies by providing + to such departments and agencies on an annual basis sector- + specific critical infrastructure information. + +SEC. 1625. DEPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS. + + (a) Resources for Cyber Education.-- + (1) In general.--The Chief Information Officer of the + Department of Defense, in consultation with the Director of the + National Security Agency (NSA), shall examine the current + policies permitting National Security Agency employees to use + up to 140 hours of paid time toward NSA's cyber education + programs. + (2) Report.-- + (A) In general.--Not later than 90 days after the + date of the enactment of this Act, the Chief + Information Officer shall submit to the congressional + defense committees and the congressional intelligence + committees a strategy for expanding the policies + described in paragraph (1) to-- + (i) individuals who occupy positions + described in section 1599f of title 10, United + States Code; and + (ii) any other individuals who the Chief + Information Officer determines appropriate. + (B) Implementation plan.--The report required under + subparagraph (A) shall detail the utilization of the + policies in place at the National Security Agency, as + well as an implementation plan that describes the + mechanisms needed to expand the use of such policies to + accommodate wider participation by individuals + described in such subparagraph. Such implementation + plan shall detail how such individuals would be able to + connect to the instructional and participatory + opportunities available through the efforts, programs, + initiatives, and investments accounted for in the + report required under section 1649 of the National + Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92), including the following programs: + (i) GenCyber. + (ii) Centers for Academic Excellence - + Cyber Defense. + (iii) Centers for Academic Excellence - + Cyber Operations. + (C) Deadline.--Not later than 120 days after the + submission of the report required under subparagraph + (A), the Chief Information Officer of the Department of + Defense shall carry out the implementation plan + contained in such report. + (b) Improving the Training With Industry Program.-- + (1) In general.--Not later than 120 days after the date of + the enactment of this Act, the Principal Cyber Advisor of the + Department of Defense, in consultation with the Principal Cyber + Advisors of the military services and the Under Secretary of + Defense for Personnel and Readiness, shall submit to the + congressional defense committees a review of the current + utilization and utility of the Training With Industry (TWI) + programs, including relating to the following: + (A) Recommendations regarding how to improve and + better utilize such programs, including regarding + individuals who have completed such programs. + (B) An implementation plan to carry out such + recommendations. + (2) Additional.--Not later than 90 days after the + submission of the report required under paragraph (1), the + Principal Cyber Advisor of the Department of Defense shall + carry out the implementation plan required under paragraph (1). + (c) Alignment of Cybersecurity Training Programs.-- + (1) In general.--Not later than 120 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a report + containing recommendations on how cybersecurity training + programs described in section 1649 of the National Defense + Authorization Act for Fiscal Year 2020 can be better aligned + and harmonized. + (2) Report.--The report required under paragraph (1) shall + provide recommendations concerning the following topics and + information: + (A) Developing a comprehensive mechanism for + utilizing and leveraging the Cyber Excepted Service + workforce of the Department of Defense referred to in + subsection (a), as well as mechanisms for military + participation. + (B) Unnecessary redundancies in such programs, or + in any related efforts, initiatives, or investments. + (C) Mechanisms for tracking participation and + transition of participation from one such program to + another. + (D) Department level oversight and management of + such programs. + (3) Cyber workforce pipeline and early childhood + education.-- + (A) Elements.--The Secretary of Defense shall, when + completing the report required under paragraph (1), + take into consideration existing Federal childhood + cyber education programs, including the programs + identified in the report required under section 1649 of + the National Defense Authorization Act for Fiscal Year + 2020 (Public Law 116-92) and the Department of Homeland + Security's Cybersecurity Education and Training + Assistance Program (CETAP), that can provide + opportunities to military-connected students and + members of the Armed Forces to pursue cyber careers. + (B) Definition.--In this paragraph, the term + ``military-connected student'' means an individual + who-- + (i) is a dependent a member of the Armed + Forces serving on active duty; and + (ii) is enrolled in a preschool, an + elementary or secondary school, or an + institution of higher education. + +SEC. 1626. REPORTING REQUIREMENTS FOR CROSS DOMAIN COMPROMISES AND + EXEMPTIONS TO POLICIES FOR INFORMATION TECHNOLOGY. + + (a) Compromise Reporting.-- + (1) In general.--Effective beginning in October 2020, the + Secretary of Defense and the secretaries of the military + services shall submit to the congressional defense committees a + monthly report in writing that documents each instance or + indication of a cross-domain compromise within the Department + of Defense. + (2) Procedures.--The Secretary of Defense shall submit to + the congressional defense committees procedures for complying + with the requirements of subsection (a) consistent with the + national security of the United States and the protection of + operational integrity. The Secretary shall promptly notify such + committees in writing of any changes to such procedures at + least 14 days prior to the adoption of any such changes. + (3) Definition.--In this subsection, the term ``cross + domain compromise'' means any unauthorized connection between + software, hardware, or both designed for use on a network or + system built for classified data and the public internet. + (b) Exemptions to Policy for Information Technology.--Not later +than 6 months after the date of the enactment of this Act and +biannually thereafter, the Secretary of Defense and the secretaries of +the military services shall submit to the congressional defense +committees a report in writing that enumerates and details each current +exemption to information technology policy, interim Authority To +Operate (ATO) order, or both. Each such report shall include other +relevant information pertaining to each such exemption, including +relating to the following: + (1) Risk categorization. + (2) Duration. + (3) Estimated time remaining. + +SEC. 1627. ASSESSING PRIVATE-PUBLIC COLLABORATION IN CYBERSECURITY. + + (a) Requirement.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Defense shall-- + (1) conduct a review and assessment of any ongoing public- + private collaborative initiatives involving the Department of + Defense and the private sector related to cybersecurity and + defense of critical infrastructure, including-- + (A) the United States Cyber Command's Pathfinder + initiative and any derivative initiative; + (B) the Department's support to and integration + with existing Federal cybersecurity centers and + organizations; and + (C) comparable initiatives led by other Federal + departments or agencies that support long-term public- + private cybersecurity collaboration; and + (2) make recommendations for improvements and the + requirements and resources necessary to institutionalize and + strengthen the initiatives described in subparagraphs (A) + through (C) of paragraph (1). + (b) Report.-- + (1) In general.--The Secretary of Defense shall submit to + the congressional defense committees a report on the review, + assessment, and recommendations under subsection (a). + (2) Form.--The report required under paragraph (1) may be + submitted in unclassified or classified form, as necessary. + (c) Definition.--In this section, the term ``critical +infrastructure'' has the meaning given such term in section 1016(e) of +the Uniting and Strengthening America by Providing Appropriate Tools +Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of +2001 (42 U.S.C. 5195c(e)). + +SEC. 1628. CYBER CAPABILITIES AND INTEROPERABILITY OF THE NATIONAL + GUARD. + + (a) Evaluation.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in conjunction with +the Chief of the National Guard Bureau, shall submit to the +congressional defense committees, the Committee on Appropriations of +the House of Representatives, and the Committee on Appropriations of +the Senate a review of the statutes, rules, regulations, and standards +that pertain to the use of the National Guard for the response to and +recovery from significant cyber incidents. + (b) Recommendations.--The review required under subsection (a) +shall address the following: + (1) Regulations promulgated under section 903 of title 32, + United States Code, to allow the National Guard to conduct + homeland defense activities that the Secretary of Defense + determines to be necessary and appropriate in accordance with + section 902 of such title in response to a cyber attack. + (2) Compulsory guidance from the Chief of the National + Guard Bureau regarding how the National Guard shall collaborate + with the Cybersecurity and Infrastructure Security Agency of + the Department of Homeland Security and the Federal Bureau of + Investigation of the Department of Justice through multi-agency + task forces, information-sharing groups, incident response + planning and exercises, and other relevant forums and + activities. + (3) A plan for how the Chief of the National Guard Bureau + will collaborate with the Secretary of Homeland Security to + develop an annex to the National Cyber Incident Response Plan + that details the regulations and guidance described in + paragraphs (1) and (2). + (c) Definition.--The term ``significant cyber incident'' means a +cyber incident that results, or several related cyber incidents that +result, in demonstrable harm to-- + (1) the national security interests, foreign relations, or + economy of the United States; or + (2) the public confidence, civil liberties, or public + health and safety of the American people. + +SEC. 1629. EVALUATION OF NON-TRADITIONAL CYBER SUPPORT TO THE + DEPARTMENT OF DEFENSE. + + (a) Requirement.--Not later than 270 days after the date of the +enactment of this Act, the Principal Cyber Advisor to the Secretary of +Defense, in conjunction with the Under Secretary for Personnel and +Readiness of the Department of Defense and the Principal Cyber Advisors +of the military services, shall complete an assessment and evaluation +of reserve models tailored to the support of cyberspace operations for +the Department. + (b) Evaluation Components.--The assessment and evaluation required +under subsection (a) shall include the following components: + (1) A current assessment of reserve and National Guard + support to Cyber Operations Forces. + (2) An enumeration and evaluation of various reserve, + National Guard, auxiliary, and non-traditional support models + which are applicable to cyberspace operations, including a + consideration of models utilized domestically and + internationally. + (3) A utility assessment of a dedicated reserve cadre + specific to United States Cyber Command and Cyber Operations + Forces. + (4) An analysis of the costs associated with the models + evaluated pursuant to paragraph (2). + (5) An assessment of the recruitment programs necessary for + implementation of the models evaluated pursuant to paragraph + (2). + (b) Report.-- + (1) In general.--The Secretary of Defense, acting through + the Principal Cyber Advisor of the Department of Defense, shall + submit to the congressional defense committees a report on the + assessment and evaluation required under subsection (a). + (2) Form.--The report required under paragraph (1) may be + submitted in classified or unclassified form, as necessary. + +SEC. 1630. ESTABLISHMENT OF INTEGRATED CYBER CENTER. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Homeland Security, in +coordination with the Secretary of Defense, the Attorney General, the +Director of the Federal Bureau of Investigation, and the Director of +National Intelligence, shall submit to the relevant congressional +committees a report on Federal cybersecurity centers and the potential +for better coordination of Federal cyber efforts at an integrated cyber +center within the national cybersecurity and communications integration +center of the Department of Homeland Security established pursuant to +section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659). + (b) Contents.--To prepare the report required by subsection (a), +the Secretary of Homeland Security shall aggregate information from +components of the Department of Homeland Security with information +provided to the Secretary of Homeland Security by the Secretary of +Defense, the Attorney General, the Director of the Federal Bureau of +Investigation, and the Director of National Intelligence. Such +aggregated information shall relate to the following topics: + (1) Any challenges regarding capacity and funding + identified by the Secretary of Homeland Security, the Director + of the Federal Bureau of Investigation, the Attorney General, + the Secretary of Defense, or the Director of National + Intelligence that negatively impact coordination with the + national cybersecurity and communications integration center of + the Department of Homeland Security in furtherance of the + security and resilience of critical infrastructure. + (2) Distinct statutory authorities identified by the + Secretary of Homeland Security, the Attorney General, the + Director of the Federal Bureau of Investigation, the Secretary + of Defense, or the Director of National Intelligence that + should not be leveraged by an integrated cyber center within + the national cybersecurity and communications integration + center. + (3) Any challenges associated with effective mission + coordination and deconfliction between the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security and other Federal agencies that could be addressed + with the creation of an integrated cyber center within the + national cybersecurity and communications integration center. + (4) How capabilities or missions of existing Federal cyber + centers could benefit from greater integration or collocation + to support cybersecurity collaboration with critical + infrastructure at an integrated cyber center within the + national cybersecurity and communications integration center, + including the following Federal cyber centers: + (A) The National Security Agency's Cyber Threat + Operations Center. + (B) United States Cyber Command's Joint Operations + Center. + (C) The Office of the Director of National + Intelligence's Cyber Threat Intelligence Integration + Center. + (D) The Federal Bureau of Investigation's National + Cyber Investigative Joint Task Force. + (E) The Department of Defense's Defense Cyber Crime + Center. + (F) The Office of the Director of National + Intelligence's Intelligence Community Security + Coordination Center. + (c) Elements.--The report required under subsection (a) shall-- + (1) identify any challenges regarding the Cybersecurity and + Infrastructure Security Agency's current authorities, + structure, resources, funding, ability to recruit and retain + its workforce, or interagency coordination that negatively + impact the ability of the Agency to fulfill its role as the + central coordinator for critical infrastructure cybersecurity + and resilience pursuant to its authorities under the Homeland + Security Act of 2002, and information on how establishing an + integrated cyber center within the national cybersecurity and + communications integration center would address such + challenges; + (2) identify any facility needs for the Cybersecurity and + Infrastructure Security Agency to adequately host personnel, + maintain sensitive compartmented information facilities, and + other resources to serve as the primary coordinating body + charged with forging whole-of-government, public-private + collaboration in cybersecurity, pursuant to such authorities; + (3) identify any lessons from the United Kingdom's National + Cybersecurity Center model to determine whether an integrated + cyber center within the Cybersecurity and Infrastructure + Security Agency should be similarly organized into an + unclassified environment and a classified environment; + (4) recommend any changes to procedures and criteria for + increasing and expanding the participation and integration of + public- and private-sector personnel into Federal cyber defense + and security efforts, including continuing limitations or + hurdles in the security clearance program for private sector + partners and integrating private sector partners into a + Cybersecurity and Infrastructure Security Agency integrated + cyber center; and + (5) propose policies, programs, or practices that could + overcome challenges identified in the aggregated information + under subsection (b), including the creation of an integrated + cyber center within the national cybersecurity and + communications integration center, accompanied by legislative + proposals, as appropriate. + (d) Plan.--Upon submitting the report pursuant to subsection (a), +the Secretary of Homeland Security, in coordination with the Secretary +of Defense, the Attorney General, the Director of the Federal Bureau of +Investigation, and the Director of National Intelligence, shall develop +a plan to establish an integrated cyber center within the national +cybersecurity and communications integration center. + (e) Establishment.--Not later than 1 year after the submission of +the report required under subsection (a), the Secretary of Homeland +Security, in coordination with the Secretary of Defense, the Attorney +General, the Director of the Federal Bureau of Investigation, and the +Director of National Intelligence, shall begin establishing an +integrated cyber center in the national cybersecurity and +communications integration center. + (f) Annual Updates.--Beginning 1 year after the submission of the +report required under subsection (a) and annually thereafter, the +Secretary of Homeland Security, in coordination with the Secretary of +Defense, the Attorney General, the Director of the Federal Bureau of +Investigation, and the Director of National Intelligence, shall submit +to the relevant congressional committees updates regarding efforts to +establish and operate an integrated cyber center in the national +cybersecurity and communications integration center pursuant to +subsection (e), including information on progress made toward +overcoming any challenges identified in the report required by +subsection (a). + (g) Privacy Review.--The Privacy Officers of the Department of +Homeland Security, the Department of Defense, the Department of +Justice, and the Federal Bureau of Investigation, and the Director of +National Intelligence shall review and provide to the relevant +congressional committees comment, as appropriate, on each report and +legislative proposal submitted under this section. + (h) Definition.--In this section, the term ``relevant congressional +committees'' means-- + (1) in the House of Representatives-- + (A) the Committee on Armed Services; + (B) the Committee on the Judiciary; + (C) the Permanent Select Committee on Intelligence; + and + (D) the Committee on Homeland Security; and + (2) in the Senate-- + (A) the Committee on Armed Services; + (B) the Committee on the Judiciary; + (C) the Select Committee on Intelligence; and + (D) the Committee on Homeland Security and + Governmental Affairs. + +SEC. 1631. CYBER THREAT INFORMATION COLLABORATION ENVIRONMENT. + + (a) In General.--In consultation with the Cyber Threat Data +Standards and Interoperability Council established pursuant to +subsection (d), the Secretary of Homeland Security, in coordination +with the Secretary of Defense and the Director of National Intelligence +(acting through the Director of the National Security Agency), shall +develop an information collaboration environment and associated +analytic tools that enable entities to identify, mitigate, and prevent +malicious cyber activity to-- + (1) provide limited access to appropriate operationally + relevant data about cybersecurity risks and cybersecurity + threats, including malware forensics and data from network + sensor programs, on a platform that enables query and analysis; + (2) allow such tools to be used in classified and + unclassified environments drawing on classified and + unclassified data sets; + (3) enable cross-correlation of data on cybersecurity risks + and cybersecurity threats at the speed and scale necessary for + rapid detection and identification; + (4) facilitate a comprehensive understanding of + cybersecurity risks and cybersecurity threats; and + (5) facilitate collaborative analysis between the Federal + Government and private sector critical infrastructure entities + and information and analysis organizations. + (b) Implementation of Information Collaboration Environment.-- + (1) Evaluation.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Homeland Security, + acting through the Director of the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security, in coordination with the Secretary of Defense and the + Director of National Intelligence (acting through the Director + of the National Security Agency), shall-- + (A) identify, inventory, and evaluate existing + Federal sources of classified and unclassified + information on cybersecurity threats; + (B) evaluate current programs, applications, or + platforms intended to detect, identify, analyze, and + monitor cybersecurity risks and cybersecurity threats; + and + (C) coordinate with private sector critical + infrastructure entities and, as determined appropriate + by the Secretary of Homeland Security, in consultation + with the Secretary of Defense, other private sector + entities, to identify private sector cyber threat + capabilities, needs, and gaps. + (2) Implementation.--Not later than 1 year after the + evaluation required under paragraph (1), the Secretary of + Homeland Security, acting through the Director of the + Cybersecurity and Infrastructure Security Agency, in + coordination with the Secretary of Defense and the Director of + National Intelligence (acting through the Director of the + National Security Agency), shall begin implementation of the + information collaboration environment developed pursuant to + subsection (a) to enable participants in such environment to + develop and run analytic tools referred to in such subsection + on specified data sets for the purpose of identifying, + mitigating, and preventing malicious cyber activity that is a + threat to government and critical infrastructure. Such + environment and use of such tools shall-- + (A) operate in a manner consistent with relevant + privacy, civil rights, and civil liberties policies and + protections, including such policies and protections + established pursuant to section 1016 of the + Intelligence Reform and Terrorism Prevention Act of + 2004 (6 U.S.C. 485); + (B) account for appropriate data standards and + interoperability requirements, consistent with the + standards set forth in subsection (d); + (C) enable integration of current applications, + platforms, data, and information, including classified + information, in a manner that supports integration of + unclassified and classified information on + cybersecurity risks and cybersecurity threats; + (D) incorporate tools to manage access to + classified and unclassified data, as appropriate; + (E) ensure accessibility by entities the Secretary + of Homeland Security, in consultation with the + Secretary of Defense and the Director of National + Intelligence (acting through the Director of the + National Security Agency), determines appropriate; + (F) allow for access by critical infrastructure + stakeholders and other private sector partners, at the + discretion of the Secretary of Homeland Security, in + consultation with the Secretary of Defense; + (G) deploy analytic tools across classification + levels to leverage all relevant data sets, as + appropriate; + (H) identify tools and analytical software that can + be applied and shared to manipulate, transform, and + display data and other identified needs; and + (I) anticipate the integration of new technologies + and data streams, including data from government- + sponsored network sensors or network-monitoring + programs deployed in support of State, local, Tribal, + and territorial governments or private sector entities. + (c) Annual Review of Impacts on Privacy, Civil Rights, and Civil +Liberties.--The Secretary of Homeland Security and the Director of +National Intelligence (acting through the Director of the Cybersecurity +and Infrastructure Security Agency and the Director of the National +Security Agency, respectively) shall direct the Privacy, Civil Rights, +and Civil Liberties Officers of their respective agencies, in +consultation with Privacy, Civil Rights, and Civil Liberties Officers +of other Federal agencies participating in the information +collaboration environment, to conduct an annual review of the +information collaboration environment for compliance with fair +information practices and civil rights and civil liberties policies. +Each such report shall be-- + (1) unclassified, to the maximum extent possible, but may + contain a non-public or classified annex to protect sources or + methods and any other sensitive information restricted by + Federal law; + (2) with respect to the unclassified portions of each such + report, made available on the public internet websites of the + Department of Homeland Security and the Office of the Director + of National Intelligence-- + (A) not later than 30 days after submission to the + appropriate congressional committees; and + (B) in an electronic format that is fully indexed + and searchable; and + (3) with respect to a classified annex, submitted to the + appropriate congressional committees in an electronic format + that is fully indexed and searchable. + (d) Post-Deployment Assessment.--Not later than 2 years after the +implementation of the information collaboration environment under +subsection (b), the Secretary of Homeland Security, the Secretary of +Defense, and the Director of National Intelligence (acting through the +Director of the National Security Agency) shall jointly submit to te +appropriate congressional committees an assessment of whether to +include additional entities, including critical infrastructure +information sharing and analysis organizations, in such environment. + (e) Cyber Threat Data Standards and Interoperability Council.-- + (1) Establishment.--There is established an interagency + council, to be known as the ``Cyber Threat Data Standards and + Interoperability Council'' (in this subsection referred to as + the ``council''), chaired by the Secretary of Homeland + Security, to establish data standards and requirements for + public and private sector entities to participate in the + information collaboration environment developed pursuant to + subsection (a). + (2) Other membership.-- + (A) Principal members.--In addition to the + Secretary of Homeland Security, the council shall be + composed of the Director of the Cybersecurity and + Infrastructure Security Agency of the Department of + Homeland Security, the Secretary of Defense, and the + Director of National Intelligence (acting through the + Director of the National Security Agency). + (B) Additional members.--The President shall + identify and appoint council members from public and + private sector entities who oversee programs that + generate, collect, or disseminate data or information + related to the detection, identification, analysis, and + monitoring of cybersecurity risks and cybersecurity + threats, based on recommendations submitted by the + Secretary of Homeland Security, the Secretary of + Defense, and the Director of National Intelligence + (acting through the Director of the National Security + Agency). + (3) Data streams.--The council shall identify, designate, + and periodically update programs that shall participate in or + be interoperable with the information collaboration environment + developed pursuant to subsection (a), which may include the + following: + (A) Network-monitoring and intrusion detection + programs. + (B) Cyber threat indicator sharing programs. + (C) Certain government-sponsored network sensors or + network-monitoring programs. + (D) Incident response and cybersecurity technical + assistance programs. + (E) Malware forensics and reverse-engineering + programs. + (F) The defense industrial base threat intelligence + program of the Department of Defense. + (4) Data governance.--The council shall establish a + committee comprised of the privacy officers of the Department + of Homeland Security, the Department of Defense, and the + National Security Agency. Such committee shall establish + procedures and data governance structures, as necessary, to + protect sensitive data, comply with Federal regulations and + statutes, and respect existing consent agreements with private + sector critical infrastructure entities that apply to critical + infrastructure information. + (5) Recommendations.--The council shall, as appropriate, + submit recommendations to the President to support the + operation, adaptation, and security of the information + collaboration environment developed pursuant to subsection (a). + (f) No Additional Activities Authorized.--Nothing in section may be +construed to-- + (1) alter the responsibility of entities to follow + guidelines issued pursuant to section 105(b) of the + Cybersecurity Act of 2015 (6 U.S.C. 1504(b); enacted as + division N of the Consolidated Appropriations Act, 2016 (Public + Law 114-113)) with respect to data obtained by an entity in + connection with activities authorized under the Cybersecurity + Act of 2015 and shared through the information collaboration + environment developed pursuant to subsection (a); or + (2) authorize Federal or private entities to share + information in a manner not already permitted by law. + (g) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) in the House of Representatives-- + (i) the Permanent Select Committee on + Intelligence; + (ii) the Committee on Homeland Security; + (iii) the Committee on the Judiciary; and + (iv) the Committee on Armed Services; and + (B) in the Senate-- + (i) the Select Committee on Intelligence; + (ii) the Committee on Homeland Security and + Governmental Affairs; + (iii) the Committee on the Judiciary; and + (iv) the Committee on Armed Services. + (2) Critical infrastructure.--The term ``critical + infrastructure'' has the meaning given such term in section + 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)). + (3) Critical infrastructure information.--The term + ``critical infrastructure information'' has the meaning given + such term in section 2222 of the Homeland Security Act of 2002 + (6 U.S.C. 671). + (4) Cyber threat indicator.--The term ``cyber threat + indicator'' has the meaning given such term in section 102(6) + of the Cybersecurity Act of 2015 (enacted as division N of the + Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 + U.S.C. 1501(6))). + (5) Cybersecurity risk.--The term ``cybersecurity risk'' + has the meaning given such term in section 2209 of the Homeland + Security Act of 2002 (6 U.S.C. 659). + (6) Cybersecurity threat.--The term ``cybersecurity + threat'' has the meaning given such term in section 102(5) of + the Cybersecurity Act of 2015 (enacted as division N of the + Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 + U.S.C. 1501(5))). + (7) Information sharing and analysis organization.--The + term ``information sharing and analysis organization'' has the + meaning given such term in section 2222 of the Homeland + Security Act of 2002 (6 U.S.C. 671). + +SEC. 1632. DEFENSE INDUSTRIAL BASE PARTICIPATION IN A THREAT + INTELLIGENCE SHARING PROGRAM. + + (a) Definition.--In this section, the term ``defense industrial +base'' means the worldwide industrial complex with capabilities to +perform research and development, design, produce, deliver, and +maintain military weapon systems, subsystems, components, or parts to +meet military requirements. + (b) Defense Industrial Base Threat Intelligence Program.-- + (1) In general.--The Secretary of Defense shall establish a + threat intelligence program to share with and obtain from the + defense industrial base information and intelligence on threats + to national security. + (2) Program requirements.--At a minimum, the Secretary of + Defense shall ensure the threat intelligence sharing program + established pursuant to paragraph (1) includes the following: + (A) Cybersecurity incident reporting requirements + that-- + (i) extend beyond current mandatory + incident reporting requirements; + (ii) set specific timeframes for all + categories of such mandatory incident + reporting; and + (iii) create a single clearinghouse for all + such mandatory incident reporting to the + Department of Defense, including covered + unclassified information, covered defense + information, and classified information. + (B) A mechanism for developing a shared and real- + time picture of the threat environment. + (C) Joint, collaborative, and co-located analytics. + (D) Investments in technology and capabilities to + support automated detection and analysis across the + defense industrial base. + (E) Coordinated intelligence sharing with relevant + domestic law enforcement and counterintelligence + agencies, in coordination, respectively, with the + Director of the Federal Bureau of Investigation and the + Director of National Intelligence. + (F) A process for direct sharing of threat + intelligence related to a specific defense industrial + base entity with such entity. + (3) Existing information sharing programs.--The Secretary + of Defense may utilize an existing Department of Defense + information sharing program to satisfy the requirement under + paragraph (1) if such existing program includes, or is modified + to include, two-way sharing of threat information that is + specifically relevant to the defense industrial base, including + satisfying the requirements specified in paragraph (2). + (4) Intelligence queries.--As part of a threat intelligence + sharing program under this subsection, the Secretary of Defense + shall require defense industrial base entities holding a + Department of Defense contract to consent to queries of foreign + intelligence collection databases related to such entity as a + condition of such contract. + (c) Threat Intelligence Program Participation.-- + (1) Prohibition on procurement.--Beginning on the date that + is than 1 year after the date of the enactment of this Act, the + Secretary of Defense may not procure or acquire, or extend or + renew a contract to procure or acquire, any item, equipment, + system, or service from any entity that is not a participant + in-- + (A) the threat intelligence sharing program + established pursuant paragraph (1) of subsection (b); + or + (B) a comparably widely-utilized threat + intelligence sharing program described in paragraph (3) + of such subsection. + (2) Application to subcontractors.--No entity holding a + Department of Defense contract may subcontract any portion of + such contract to another entity unless that second entity-- + (A) is a participant in a threat intelligence + sharing program under this section; or + (B) has received a waiver pursuant to subsection + (d). + (3) Implementation.--In implementing the prohibition under + paragraph (1), the Secretary of Defense-- + (A) may create tiers of requirements and + participation within the applicable threat intelligence + sharing program referred to in such paragraph based + on-- + (i) an evaluation of the role of and + relative threats related to entities within the + defense industrial base; and + (ii) cybersecurity maturity model + certification level; and + (B) shall prioritize available funding and + technical support to assist entities as is reasonably + necessary for such entities to participate in a threat + intelligence sharing program under this section. + (d) Waiver Authority.-- + (1) Waiver.--The Secretary of Defense may waive the + prohibition under subsection (b)-- + (A) with respect to an entity or class of entities, + if the Secretary determines that the requirement to + participate in a threat intelligence sharing program + under this section is unnecessary to protect the + interests of the United States; or + (B) at the request of an entity, if the Secretary + determines there is compelling justification for such + waiver. + (2) Periodic reevaluation.--The Secretary of Defense shall + periodically reevaluate any waiver issued pursuant to paragraph + (1) and promptly revoke any waiver the Secretary determines is + no longer warranted. + (e) Regulations.-- + (1) Rulemaking authority.--Not later than 180 days after + the date of the enactment of this Act, the Secretary of Defense + shall promulgate such rules and regulations as are necessary to + carry out this section. + (2) CMMC harmonization.--The Secretary of Defense shall + ensure that the threat intelligence sharing program + requirements set forth in the rules and regulations promulgated + pursuant to paragraph (1) consider an entity's maturity and + role within the defense industrial base, in accordance with the + maturity certification levels established in the Department of + Defense Cybersecurity Maturity Model Certification program. + +SEC. 1633. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE INDUSTRIAL + SUPPLY CHAIN ON MATTERS RELATING TO CYBERSECURITY. + + (a) In General.--Subject to the availability of appropriations, the +Secretary of Defense, in consultation with the Director of the National +Institute of Standards and Technology, may award financial assistance +to a Center for the purpose of providing cybersecurity services to +small manufacturers. + (b) Criteria.--If the Secretary carries out subsection (a), the +Secretary, in consultation with the Director, shall establish and +publish on the grants.gov website, or successor website, criteria for +selecting recipients for financial assistance under this section. + (c) Use of Financial Assistance.--Financial assistance under this +section-- + (1) shall be used by a Center to provide small + manufacturers with cybersecurity services relating to-- + (A) compliance with the cybersecurity requirements + of the Department of Defense Supplement to the Federal + Acquisition Regulation, including awareness, + assessment, evaluation, preparation, and implementation + of cybersecurity services; and + (B) achieving compliance with the Cybersecurity + Maturity Model Certification framework of the + Department of Defense; and + (2) may be used by a Center to employ trained personnel to + deliver cybersecurity services to small manufacturers. + (d) Biennial Reports.-- + (1) In general.--Not less frequently than once every 2 + years, the Secretary shall submit to the congressional defense + committees, the Committee on Commerce, Science, and + Transportation of the Senate, and the Committee on Science, + Space, and Technology of the House of Representatives a + biennial report on financial assistance awarded under this + section. + (2) Contents.--To the extent practicable, each report + submitted under paragraph (1) shall include the following with + respect to the years covered by the report: + (A) The number of small manufacturing companies + assisted. + (B) A description of the cybersecurity services + provided. + (C) A description of the cybersecurity matters + addressed. + (D) An analysis of the operational effectiveness + and cost-effectiveness of the cybersecurity services + provided. + (e) Termination.--The authority of the Secretary to award of +financial assistance under this section shall terminate on the date +that is 5 years after the date of the enactment of this Act. + (f) Definitions.--In this section: + (1) The term ``Center'' has the meaning given such term in + section 25(a) of the National Institute of Standards and + Technology Act (15 U.S.C. 278k(a)). + (2) The term ``small manufacturer'' has the meaning given + that tern in section 1644(g) of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232; 10 U.S.C. 2224 note). + +SEC. 1634. DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT HUNTING AND + SENSING, DISCOVERY, AND MITIGATION. + + (a) Definition.--In this section: + (1) Defense industrial base.--The term ``defense industrial + base'' means the worldwide industrial complex with capabilities + to perform research and development, design, produce, deliver, + and maintain military weapon systems, subsystems, components, + or parts to meet military requirements. + (2) Advanced defense industrial base.--The term ``advanced + defense industrial base'' means any entity in the defense + industrial base holding a Department of Defense contract that + requires a cybersecurity maturity model certification of level + 4 or higher. + (b) Defense Industrial Base Cybersecurity Threat Hunting Study.-- + (1) In general.--Not later than 120 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a study of the + feasibility and resourcing required to establish the Defense + Industrial Base Cybersecurity Threat Hunting Program (in this + section referred to as the ``Program'') described in subsection + (c). + (2) Elements.--The study required under paragraph (1) + shall-- + (A) establish the resources necessary, governance + structures, and responsibility for execution of the + Program, as well as any other relevant considerations + determined by the Secretary; + (B) include a conclusive determination of the + Department of Defense's capacity to establish the + Program by the end of fiscal year 2021; and + (C) identify any barriers that would prevent such + establishment. + (c) Defense Industrial Base Cybersecurity Threat Hunting Program.-- + (1) In general.--Upon a positive determination of the + Program's feasibility pursuant to the study required under + subsection (b), the Secretary of Defense shall establish the + Program to actively identify cybersecurity threats and + vulnerabilities within the information systems, including + covered defense networks containing controlled unclassified + information, of entities in the defense industrial base. + (2) Program levels.--In establishing the Program in + accordance with paragraph (1), the Secretary of Defense shall + develop a tiered program that takes into account the following: + (A) The cybersecurity maturity of entities in the + defense industrial base. + (B) The role of such entities. + (C) Whether each such entity possesses controlled + unclassified information and covered defense networks. + (D) The covered defense information to which such + an entity has access as a result of contracts with the + Department of Defense. + (3) Program requirements.--The Program shall-- + (A) include requirements for mitigating any + vulnerabilities identified pursuant to the Program; + (B) provide a mechanism for the Department of + Defense to share with entities in the defense + industrial base malicious code, indicators of + compromise, and insights on the evolving threat + landscape; + (C) provide incentives for entities in the defense + industrial base to share with the Department of + Defense, including the National Security Agency's + Cybersecurity Directorate, threat and vulnerability + information collected pursuant to threat monitoring and + hunt activities; and + (D) mandate a minimum level of program + participation for any entity that is part of the + advanced defense industrial base. + (d) Threat Identification Program Participation.-- + (1) Prohibition on procurement.--If the Program is + established pursuant to subsection (c), beginning on the date + that is 1 year after the date of the enactment of this Act, the + Secretary of Defense may not procure or obtain, or extend or + renew a contract to procure or obtain, any item, equipment, + system, or service from any entity in the defense industrial + base that is not in compliance with the requirements of the + Program. + (2) Implementation.--In implementing the prohibition under + paragraph (1), the Secretary of Defense shall prioritize + available funding and technical support to assist affected + entities in the defense industrial base as is reasonably + necessary for such affected entities to commence participation + in the Program and satisfy Program requirements. + (3) Waiver authority.-- + (A) Waiver.--The Secretary of Defense may waive the + prohibition under paragraph (1)-- + (i) with respect to an entity or class of + entities in the defense industrial base, if the + Secretary determines that the requirement to + participate in the Program is unnecessary to + protect the interests of the United States; or + (ii) at the request of such an entity, if + the Secretary determines there is a compelling + justification for such waiver. + (B) Periodic reevaluation.--The Secretary of + Defense shall periodically reevaluate any waiver issued + pursuant to subparagraph (A) and revoke any such waiver + the Secretary determines is no longer warranted. + (e) Use of Personnel and Third-Party Threat Hunting and Sensing +Capabilities.--In carrying out the Program, the Secretary of Defense +may-- + (1) utilize Department of Defense personnel to hunt for + threats and vulnerabilities within the information systems of + entities in the defense industrial base that have an active + contract with Department of Defense; + (2) certify third-party providers to hunt for threats and + vulnerabilities on behalf of the Department of Defense; + (3) require the deployment of network sensing technologies + capable of identifying and filtering malicious network traffic; + or + (4) employ a combination of Department of Defense personnel + and third-party providers and tools, as the Secretary + determines necessary and appropriate, for the entity described + in paragraph (1). + (f) Regulations.-- + (1) Rulemaking authority.--Not later than 180 days after + the date of the enactment of this Act, the Secretary of Defense + shall promulgate such rules and regulations as are necessary to + carry out this section. + (2) CMMC harmonization.--In promulgating rules and + regulations pursuant to paragraph (1), the Secretary of Defense + shall consider how best to integrate the requirements of this + section with the Department of Defense Cybersecurity Maturity + Model Certification program. + +SEC. 1635. DEFENSE DIGITAL SERVICE. + + (a) Relationship With United States Digital Service.--Not later +than 120 days after the date of the enactment of this Act, the +Secretary of Defense and the Administrator of the United States Digital +Service shall establish a direct relationship between the Department of +Defense and the United States Digital Service to address authorities, +hiring processes, roles, and responsibilities. + (b) Certification.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Defense and the Administrator +of the United States Digital Service shall jointly certify to the +congressional defense committees that the skills and qualifications of +the Department of Defense personnel assigned to and supporting the core +functions of the Defense Digital Service are consistent with the skills +and qualifications United States Digital Service personnel. + +SEC. 1636. LIMITATION OF FUNDING FOR NATIONAL DEFENSE UNIVERSITY. + + Of the funds authorized to be appropriated by this Act for fiscal +year 2021 for the National Defense University, not more than 60 percent +of such funds may be obligated or expended until the Joint Staff and +the National Defense University present to the congressional defense +committees the following: + (1) A comprehensive plan for resourcing and growing the + student population of the College of Information and + Cyberspace, including by-- + (A) enrolling a minimum of 350 cyber workforce + students per academic year; and + (B) graduating a minimum of 42 students (including + a minimum of 28 United States military students) in the + Joint Professional Military Education Phase II War + College 10- month resident program in fiscal year 2021, + and implementing a plan to graduate a minimum of 70 + students (including a minimum of 50 United States + military and civilian students) in fiscal year 2023 and + in each year thereafter through the Future Year Defense + Program. + (2) Budget documents for the Future Year Defense Program + which show funding for the College of Information and + Cyberspace to support the comprehensive plan described in + subsection (a). + (3) A comprehensive presentation of how programs of study + on cyber-related matters are being expanded and integrated into + Joint Professional Military Education at all National Defense + University constituent colleges. + +SEC. 1637. CRITICAL INFRASTRUCTURE CYBER INCIDENT REPORTING PROCEDURES. + + (a) In General.--Not later than 1 year after the date of enactment +of this Act, the Secretary, acting through the Director, and in +consultation with Sector Risk Management Agencies and other appropriate +Federal departments, shall, after notice and an opportunity for +comment, establish requirements and a process for covered critical +infrastructure entities to report a covered cybersecurity incident to +the national cybersecurity and communications integration center of the +Department of Homeland Security, in furtherance of its mission with +respect to cybersecurity risks as set forth in section 2209. + (b) Procedures.--The cybersecurity incident reporting requirements +and process described in subsection (a) shall, at a minimum, include-- + (1) a definition of covered critical infrastructure + entities that are required to comply with the reporting + requirements of this section, based on threshold criteria + related to-- + (A) the likelihood that such entity may be targeted + by a malicious cyber actor, including a foreign + country; + (B) consequences that disruption to or compromise + of such entity could cause to national security, + economic security, or public health and safety; and + (C) maturity of security operations in detecting, + investigating, and mitigating a cybersecurity incident; + (2) criteria for the types and thresholds for a covered + cybersecurity incident to be reported under this section, + including the sophistication or novelty of the cyber attack, + the type, volume, and sensitivity of the data at issue, and the + number of individuals affected or potentially affected by a + cybersecurity incident, subject to the limitations described in + subsection (c); and + (3) procedures to comply with reporting requirements + pursuant to subsection (c). + (c) Cybersecurity Incident Reporting Requirements for Covered +Critical Infrastructure Entities.-- + (1) In general.--A covered critical infrastructure entity, + as defined by the Director pursuant to subsection (b),meets the + requirements of this paragraph if, upon becoming aware that a + covered cybersecurity incident, including an incident involving + ransomware, social engineering, malware, or unauthorized + access, has occurred involving any critical infrastructure + system or subsystem of the critical infrastructure, the + entity-- + (A) promptly reports such incident to the national + cybersecurity and communications integration center, + consistent with such requirements and process, as soon + as practicable (but in no case later than 72 hours + after the entity first becomes aware that the incident + occurred); and + (B) provides all appropriate updates to any report + submitted under subparagraph (A). + (2) Contents of report.--Each report submitted under + subparagraph (A) of paragraph (1) shall contain such + information as the Director prescribes in the reporting + procedures issued under subsection (a), including the following + information with respect to any cybersecurity incident covered + by the report: + (A) The date, time, and time zone when the + cybersecurity incident began, if known. + (B) The date, time, and time zone when the + cybersecurity incident was detected. + (C) The date, time, and duration of the + cybersecurity incident. + (D) The circumstances of the cybersecurity + incident, including the specific critical + infrastructure systems or subsystems believed to have + been accessed and information acquired, if any, as well + as any interdependent systems that suffered damage, + disruption, or were otherwise impacted by the incident. + (E) Any planned and implemented technical measures + to respond to and recover from the incident. + (F) In the case of any report which is an update to + a prior report, any additional material information + relating to the incident, including technical data, as + it becomes available. + (d) Effect of Other Reporting.--A covered critical infrastructure +entity shall not be considered to have satisfied the reporting +requirements set forth in subsection (c)(1) by reporting information +required pursuant to subsection (c)(2) related to a covered +cybersecurity incident to any person, agency or organization, including +a law enforcement agency, other than to the Director using the incident +reporting procedures establish by the national cybersecurity and +communications integration center using the incident reporting +procedures established by the Director pursuant to subsection (a). + (e) Disclosure, Retention, and Use.-- + (1) Authorized activities.--Covered cybersecurity incidents + and related reporting information provided to the Director + pursuant to this section may not be disclosed to, retained by, + or used by, consistent with otherwise applicable provisions of + Federal law, any Federal agency or department, or any + component, officer, employee, or agent of the Federal + Government, except if the Director determines such disclosure, + retention, or use is necessary for-- + (A) the purpose of identifying-- + (i) a cybersecurity threat as such term is + defined insection 102(5) of the Cybersecurity + Act of 2015 (contained in division N of the + Consolidated Appropriations Act, 2016 (Public + Law 114-113; 6 U.S.C. 1501)), including the + source of such cybersecurity threat; or + (ii) a security vulnerability; + (B) the purpose of responding to, or otherwise + preventing or mitigating, a specific threat of death, + serious bodily harm, or serious economic harm, + including a terrorist act or a use of a weapon of mass + destruction; + (C) the purpose of responding to, investigating, + prosecuting, or otherwise preventing or mitigating, a + serious threat to a minor, including sexual + exploitation and threats to physical safety; or + (D) the purpose of preventing, investigating, + disrupting, or prosecuting an offense arising out of a + threat described in subparagraphs (B)-(C) (3) or any of + the offenses listed in-- + (i) sections 1028 through 1030 of title 18, + United States Code (relating to fraud and + identity theft); + (ii) chapter 37 of such title (relating to + espionage and censorship); and + (iii) chapter 90 of such title (relating to + protection of trade secrets). + (2) Exception.--The Director may enter into an agreement + with a federally funded research and development center or + other research institution to provide information in an + anonymized manner for the purpose of aggregating and analyzing + cybersecurity incident data and other reported information for + the limited purpose of better understanding the cyber threat + landscape, subject to appropriate protections for information + and removal of any unnecessary personal or identifying + information. + (3) Privacy and civil liberties.--Covered cybersecurity + incidents and related reporting information provided to the + Director pursuant to this section shall be retained, used, and + disseminated, where permissible and appropriate, by the Federal + Government-- + (A) in a manner that protects from unauthorized use + or disclosure any information reported under this + section that may contain-- + (i) personal information of a specific + individual; or + (ii) information that identifies a specific + individual; and + (B) in a manner that protects the confidentiality + of information reported under this section containing-- + (i) personal information of a specific + individual; or + (ii) information that identifies a specific + individual. + (4) Federal regulatory authority.--Information regarding a + covered cybersecurity incident and related reporting + information provided to the Director pursuant to this section + may not be used by any Federal, State, Tribal, or local + government to regulate, including through an enforcement + action, the lawful activities of any non-Federal entity. + (f) Limitation.--The Director may not set criteria or develop +procedures pursuant to this Act that require a covered critical +infrastructure entity, identified pursuant to subsection (b)(1), to +report on any cybersecurity incident unless such incident-- + (1) causes a loss in the confidentiality, integrity, or + availability of proprietary, sensitive, or personal + information; + (2) results in a disruption or otherwise inhibits the + ability of an entity to deliver services or conduct its primary + business activity; or + (3) was carried out by a foreign country, or where there is + reason to believe a foreign country was involved in such + incident. + (g) Definitions.--In this section: + (1) Covered critical infrastructure entity.--The term + ``covered critical infrastructure entity'' is an entity that + owns, operates, supports, or maintains critical infrastructure + which meets the definition set forth by the Director pursuant + to subsection (b)(1). + (2) Covered cybersecurity incident.--The term ``covered + cybersecurity incident'' means a cybersecurity incident + experienced by a covered critical infrastructure entity that + meets the definition and criteria set forth by the Director in + the procedures prescribed pursuant to subsection (b)(2), + subject to the limitations in subsection (f) that involve, at a + minimum, an incident that-- + (3) Critical infrastructure.--The term ``critical + infrastructure'' has the meaning given that term in section + 2(4) of the Homeland Security Act of 2002 (Public Law 107-196; + 6 U.S.C. 101(4)). + (4) Cybersecurity risk.--The term ``cybersecurity risk'' + has the meaning given that term in section 2209 of the Homeland + Security Act of 2002 (6 U.S.C. 659). + (5) Department.--The term ``Department'' means the + Department of Homeland Security. + (6) Director.--The term ``Director'' means the Director of + the Cybersecurity and Infrastructure Security Agency of the + Department. + (7) National cybersecurity and communications integration + center.--The term ``national cybersecurity and communications + integration center'' or ``Center'' means the national + cybersecurity and communications integration center described + in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. + 659). + (8) Secretary.--The term ``Secretary'' means the Secretary + of Homeland Security. + (9) Sector specific agency.--The term ``Sector Specific + Agency'' has the meaning given that term in section 2201(5) of + the Homeland Security Act of 2002 (6 U.S.C. 651(5)). + +SEC. 1638. FUNDING FOR NATIONAL CENTER FOR HARDWARE AND EMBEDDED + SYSTEMS SECURITY AND TRUST. + + (a) Increase.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 4201 for research, development, test, and evaluation, Air +Force, as specified in the corresponding funding table in section 4201, +for Aerospace Sensors, line 009, is hereby increased by $3,000,000 for +the National Center for Hardware and Embedded Systems Security and +Trust. + (b) Offset.--Notwithstanding the amounts set forth in the funding +tables in division D, the amount authorized to be appropriated in +section 1402 for chemical agents and munitions destruction, as +specified in the corresponding funding table in section 4501, for Chem +Demilitarization--RDT&E, is hereby reduced by $3,000,000. + +SEC. 1639. STRENGTHENING FEDERAL NETWORKS. + + (a) Authority.--Section 3553(b) of title 44, United States Code, is +amended-- + (1) in paragraph (6)(D), by striking ``; and'' at the end + and inserting a semicolon; + (2) by redesignating paragraph (7) as paragraph (8); and + (3) by inserting after paragraph (6) the following new + paragraph: + ``(7) hunting for and identifying, with or without advance + notice, threats and vulnerabilities within Federal information + systems; and''. + (b) Binding Operational Directive.--Not later than 1 year after the +date of the enactment of this section, the Secretary of Homeland +Security shall issue a binding operational directive pursuant to +subsection (b)(2) of section 3553 of title 44, United States Code, to +implement paragraph (7) of section 3553(b) of title 44, United States +Code, as added by subsection (a). + +SEC. 1640. DOD CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL + CERTIFICATION FRAMEWORK. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees and the Comptroller General of the +United States a report on the cyber hygiene practices of the Department +of Defense and the extent to which such practices are effective at +protecting Department missions, information, system and networks. The +report shall include the following: + (1) An assessment of each Department component's compliance + with the requirements and levels identified in the Cyber + Maturity Model Certification framework. + (2) For each Department component that does not achieve the + requirements for ``good cyber hygiene'' as defined in CMMC + Model Version 1.02, a plan for how that component will + implement security measures to bring it into compliance with + good cyber hygiene requirements within 1 year, and a strategy + for mitigating potential vulnerabilities and consequences until + such requirements are implemented. + (b) Comptroller General Report Required.--Not later than 180 days +after the submission of the report required under subsection (a), the +Comptroller General of the United States shall conduct an independent +review of the report and provide a briefing to the congressional +defense committees on the findings of the review. + +SEC. 1640A. SUBPOENA AUTHORITY. + + (a) In General.--Section 2209 of the Homeland Security Act of 2002 +(6 U.S.C. 659) is amended-- + (1) in subsection (a)-- + (A) by redesignating paragraphs (1) through (6) as + paragraphs (2) through (7), respectively; + (B) by inserting before paragraph (2), as so + redesignated, the following new paragraph: + ``(1) the term `cybersecurity purpose' has the meaning + given that term in section 102 of the Cybersecurity Information + Sharing Act of 2015 (6 U.S.C. 1501);''; + (C) in paragraph (6), as so redesignated, by + striking ``and'' at the end; + (D) by redesignating paragraph (7), as so + redesignated, as paragraph (8); and + (E) by inserting after paragraph (6), as so + redesignated, the following new paragraph: + ``(7) the term `security vulnerability' has the meaning + given that term in section 102 of the Cybersecurity Information + Sharing Act of 2015 (6 U.S.C. 1501); and''; + (2) in subsection (c)-- + (A) in paragraph (10), by striking ``and'' at the + end; + (B) in paragraph (11), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following new + paragraph: + ``(12) detecting, identifying, and receiving information + for a cybersecurity purpose about security vulnerabilities + relating to critical infrastructure in information systems and + devices.''; and + (3) by adding at the end the following new subsection: + ``(o) Subpoena Authority.-- + ``(1) Definition.--In this subsection, the term `covered + device or system'-- + ``(A) means a device or system commonly used to + perform industrial, commercial, scientific, or + governmental functions or processes that relate to + critical infrastructure, including operational and + industrial control systems, distributed control + systems, and programmable logic controllers; and + ``(B) does not include personal devices and + systems, such as consumer mobile devices, home + computers, residential wireless routers, or residential + internet enabled consumer devices. + ``(2) Authority.-- + ``(A) In general.--If the Director identifies a + system connected to the internet with a specific + security vulnerability and has reason to believe such + security vulnerability relates to critical + infrastructure and affects a covered device or system, + and the Director is unable to identify the entity at + risk that owns or operates such covered device or + system, the Director may issue a subpoena for the + production of information necessary to identify and + notify such entity at risk, in order to carry out a + function authorized under subsection (c)(12). + ``(B) Limit on information.--A subpoena issued + pursuant to subparagraph (A) may seek information-- + ``(i) only in the categories set forth in + subparagraphs (A), (B), (D), and (E) of section + 2703(c)(2) of title 18, United States Code; and + ``(ii) for not more than 20 covered devices + or systems. + ``(C) Liability protections for disclosing + providers.--The provisions of section 2703(e) of title + 18, United States Code, shall apply to any subpoena + issued pursuant to subparagraph (A). + ``(3) Coordination.-- + ``(A) In general.--If the Director exercises the + subpoena authority under this subsection, and in the + interest of avoiding interference with ongoing law + enforcement investigations, the Director shall + coordinate the issuance of any such subpoena with the + Department of Justice, including the Federal Bureau of + Investigation, pursuant to interagency procedures which + the Director, in coordination with the Attorney + General, shall develop not later than 60 days after the + date of the enactment of this subsection. + ``(B) Contents.--The inter-agency procedures + developed under this paragraph shall provide that a + subpoena issued by the Director under this subsection + shall be-- + ``(i) issued to carry out a function + described in subsection (c)(12); and + ``(ii) subject to the limitations specified + in this subsection. + ``(4) Noncompliance.--If any person, partnership, + corporation, association, or entity fails to comply with any + duly served subpoena issued pursuant to this subsection, the + Director may request that the Attorney General seek enforcement + of such subpoena in any judicial district in which such person, + partnership, corporation, association, or entity resides, is + found, or transacts business. + ``(5) Notice.--Not later than 7 days after the date on + which the Director receives information obtained through a + subpoena issued pursuant to this subsection, the Director shall + notify any entity identified by information obtained pursuant + to such subpoena regarding such subpoena and the identified + vulnerability. + ``(6) Authentication.-- + ``(A) In general.--Any subpoena issued pursuant to + this subsection shall be authenticated with a + cryptographic digital signature of an authorized + representative of the Agency, or other comparable + successor technology, that allows the Agency to + demonstrate that such subpoena was issued by the Agency + and has not been altered or modified since such + issuance. + ``(B) Invalid if not authenticated.--Any subpoena + issued pursuant to this subsection that is not + authenticated in accordance with subparagraph (A) shall + not be considered to be valid by the recipient of such + subpoena. + ``(7) Procedures.--Not later than 90 days after the date of + the enactment of this subsection, the Director shall establish + internal procedures and associated training, applicable to + employees and operations of the Agency, regarding subpoenas + issued pursuant to this subsection, which shall address the + following: + ``(A) The protection of and restriction on + dissemination of nonpublic information obtained through + such a subpoena, including a requirement that the + Agency not disseminate nonpublic information obtained + through such a subpoena that identifies the party that + is subject to such subpoena or the entity at risk + identified by information obtained, except that the + Agency may share the nonpublic information with the + Department of Justice for the purpose of enforcing such + subpoena in accordance with paragraph (4), and may + share with a Federal agency the nonpublic information + of the entity at risk if-- + ``(i) the Agency identifies or is notified + of a cybersecurity incident involving such + entity, which relates to the vulnerability + which led to the issuance of such subpoena; + ``(ii) the Director determines that sharing + the nonpublic information with another Federal + department or agency is necessary to allow such + department or agency to take a law enforcement + or national security action, consistent with + the interagency procedures under paragraph + (3)(A), or actions related to mitigating or + otherwise resolving such incident; + ``(iii) the entity to which the information + pertains is notified of the Director's + determination, to the extent practicable + consistent with national security or law + enforcement interests, consistent with such + interagency procedures; and + ``(iv) the entity consents, except that the + entity's consent shall not be required if + another Federal department or agency identifies + the entity to the Agency in connection with a + suspected cybersecurity incident. + ``(B) The restriction on the use of information + obtained through such a subpoena for a cybersecurity + purpose. + ``(C) The retention and destruction of nonpublic + information obtained through such a subpoena, + including-- + ``(i) destruction of such information that + the Director determines is unrelated to + critical infrastructure immediately upon + providing notice to the entity pursuant to + paragraph (5); and + ``(ii) destruction of any personally + identifiable information not later than 6 + months after the date on which the Director + receives information obtained through such a + subpoena, unless otherwise agreed to by the + individual identified by the subpoena + respondent. + ``(D) The processes for providing notice to each + party that is subject to such a subpoena and each + entity identified by information obtained under such a + subpoena. + ``(E) The processes and criteria for conducting + critical infrastructure security risk assessments to + determine whether a subpoena is necessary prior to + being issued pursuant to this subsection. + ``(F) The information to be provided to an entity + at risk at the time of the notice of the vulnerability, + which shall include-- + ``(i) a discussion or statement that + responding to, or subsequent engagement with, + the Agency, is voluntary; and + ``(ii) to the extent practicable, + information regarding the process through which + the Director identifies security + vulnerabilities. + ``(8) Limitation on procedures.--The internal procedures + established pursuant to paragraph (7) may not require an owner + or operator of critical infrastructure to take any action as a + result of a notice of vulnerability made pursuant to this Act. + ``(9) Review of procedures.--Not later than 1 year after + the date of the enactment of this subsection, the Privacy + Officer of the Agency shall-- + ``(A) review the internal procedures established + pursuant to paragraph (7) to ensure that-- + ``(i) such procedures are consistent with + fair information practices; and + ``(ii) the operations of the Agency comply + with such procedures; and + ``(B) notify the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on + Homeland Security of the House of Representatives of + the results of the review under subparagraph (A). + ``(10) Publication of information.--Not later than 120 days + after establishing the internal procedures under paragraph (7), + the Director shall publish information on the website of the + Agency regarding the subpoena process under this subsection, + including information regarding the following: + ``(A) Such internal procedures. + ``(B) The purpose for subpoenas issued pursuant to + this subsection. + ``(C) The subpoena process. + ``(D) The criteria for the critical infrastructure + security risk assessment conducted prior to issuing a + subpoena. + ``(E) Policies and procedures on retention and + sharing of data obtained by subpoenas. + ``(F) Guidelines on how entities contacted by the + Director may respond to notice of a subpoena. + ``(11) Annual reports.--The Director shall annually submit + to the Committee on Homeland Security and Governmental Affairs + of the Senate and the Committee on Homeland Security of the + House of Representatives a report (which may include a + classified annex but with the presumption of declassification) + on the use of subpoenas issued pursuant to this subsection, + which shall include the following: + ``(A) A discussion of the following: + ``(i) The effectiveness of the use of such + subpoenas to mitigate critical infrastructure + security vulnerabilities. + ``(ii) The critical infrastructure security + risk assessment process conducted for subpoenas + issued under this subsection. + ``(iii) The number of subpoenas so issued + during the preceding year. + ``(iv) To the extent practicable, the + number of vulnerable covered devices or systems + mitigated under this subsection by the Agency + during the preceding year. + ``(v) The number of entities notified by + the Director under this subsection, and their + responses, during the preceding year. + ``(B) For each subpoena issued pursuant to this + subsection, the following: + ``(i) Information relating to the source of + the security vulnerability detected, + identified, or received by the Director. + ``(ii) Information relating to the steps + taken to identify the entity at risk prior to + issuing the subpoena. + ``(iii) A description of the outcome of the + subpoena, including discussion on the + resolution or mitigation of the critical + infrastructure security vulnerability. + ``(12) Publication of the annual reports.--The Director + shall publish a version of the annual report required under + paragraph (11) on the website of the Agency, which shall, at a + minimum, include the findings described in clauses (iii), (iv), + and (v) of subparagraph (A) of such paragraph. + ``(13) Prohibition on use of information for unauthorized + purposes.--Any information obtained pursuant to a subpoena + issued under this subsection may not be provided to any other + Federal department or agency for any purpose other than a + cybersecurity purpose or for the purpose of enforcing a + subpoena issued pursuant to this subsection.''. + (b) Rules of Construction.-- + (1) Prohibition on new regulatory authority.--Nothing in + this section or the amendments made by this section may be + construed to grant the Secretary of Homeland Security, or the + head of any another Federal agency or department, any authority + to promulgate regulations or set standards relating to the + cybersecurity of private sector critical infrastructure that + was not in effect on the day before the date of the enactment + of this Act. + (2) Private entities.--Nothing in this section or the + amendments made by this section may be construed to require any + private entity to-- + (A) to request assistance from the Director of the + Cybersecurity and Infrastructure Security Agency of the + Department of Homeland Security; or + (B) implement any measure or recommendation + suggested by the Director. + +SEC. 1640B. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL + CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL + GUARD. + + Section 1651(e) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 32 U.S.C. +501 note) is amended by striking ``shall expire on the date that is two +years after the date of the enactment of this Act'' and inserting +``shall expire on August 31, 2022''. + +SEC. 1640C. CISA CYBERSECURITY SUPPORT TO AGENCIES. + + Section 3553(b) of title 44, United States Code, is amended-- + (1) in paragraph (6)(D), by striking ``; and'' at the end + and inserting a semicolon; + (2) by redesignating paragraph (7) as paragraph (8); + (3) by inserting after paragraph (6) the following new + paragraph: + ``(7) upon request by an agency, and at the Secretary's + discretion, with or without reimbursement-- + ``(A) providing services, functions, or + capabilities, including operation of the agency's + information security program, to assist the agency with + meeting the requirements set forth in section 3554(b); + and + ``(B) deploying, operating, and maintaining secure + technology platforms and tools, including networks and + common business applications, for use by the agency to + perform agency functions, including collecting, + maintaining, storing, processing, and analyzing + information; and''. + +SEC. 1640D. ESTABLISHMENT IN DHS OF JOINT CYBER PLANNING OFFICE. + + (a) Amendment.--Subtitle A of title XXII of the Homeland Security +Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the +following new section: + +``SEC. 2215. JOINT CYBER PLANNING OFFICE. + + ``(a) Establishment of Office.--There is established in the Agency +an office for joint cyber planning (in this section referred to as the +`Office') to develop, for public and private sector entities, plans for +cyber defense operations, including the development of a set of +coordinated actions to protect, detect, respond to, and recover from +cybersecurity risks or incidents or limit, mitigate, or defend against +coordinated, malicious cyber operations that pose a potential risk to +critical infrastructure or national interests. The Office shall be +headed by a Deputy Assistant Director of Joint Cyber Planning (in this +section referred to as the `Director') within the Cybersecurity +Division. + ``(b) Planning and Execution.--In leading the development of plans +for cyber defense operations pursuant to subsection (a), the Director +shall-- + ``(1) coordinate with relevant Federal departments and + agencies to establish processes and procedures necessary to + develop and maintain ongoing coordinated plans for cyber + defense operations; + ``(2) leverage cyber capabilities and authorities of + participating Federal departments and agencies, as appropriate, + in furtherance of plans for cyber defense operations; + ``(3) ensure that plans for cyber defense operations are, + to the greatest extent practicable, developed in collaboration + with relevant private sector entities, particularly in areas in + which such entities have comparative advantages in limiting, + mitigating, or defending against a cybersecurity risk or + incident or coordinated, malicious cyber operation; + ``(4) ensure that plans for cyber defense operations, as + appropriate, are responsive to potential adversary activity + conducted in response to United States offensive cyber + operations; + ``(5) facilitate the exercise of plans for cyber defense + operations, including by developing and modeling scenarios + based on an understanding of adversary threats to, + vulnerability of, and potential consequences of disruption or + compromise of critical infrastructure; + ``(6) coordinate with and, as necessary, support relevant + Federal departments and agencies in the establishment of + procedures, development of additional plans, including for + offensive and intelligence activities in support of cyber + defense operations, and creation of agreements necessary for + the rapid execution of plans for cyber defense operations when + a cybersecurity risk or incident or malicious cyber operation + has been identified; and + ``(7) support public and private sector entities, as + appropriate, in the execution of plans developed pursuant to + this section. + ``(c) Composition.--The Office shall be composed of-- + ``(1) a central planning staff; and + ``(2) appropriate representatives of Federal departments + and agencies, including-- + ``(A) the Department; + ``(B) United States Cyber Command; + ``(C) the National Security Agency; + ``(D) the Federal Bureau of Investigation; + ``(E) the Department of Justice; and + ``(F) the Office of the Director of National + Intelligence. + ``(d) Consultation.--In carrying out its responsibilities described +in subsection (b), the Office shall regularly consult with appropriate +representatives of non-Federal entities, such as-- + ``(1) State, local, federally-recognized Tribal, and + territorial governments; + ``(2) information sharing and analysis organizations, + including information sharing and analysis centers; + ``(3) owners and operators of critical information systems; + ``(4) private entities; and + ``(5) other appropriate representatives or entities, as + determined by the Secretary. + ``(e) Interagency Agreements.--The Secretary and the head of a +Federal department or agency referred to in subsection (c) may enter +into agreements for the purpose of detailing personnel on a +reimbursable or non-reimbursable basis. + ``(f) Definitions.--In this section: + ``(1) Cyber defense operation.--The term `cyber defense + operation' means defensive activities performed for a + cybersecurity purpose. + ``(2) Cybersecurity purpose.--The term `cybersecurity + purpose' has the meaning given such term in section 102 of the + Cybersecurity Act of 2015 (contained in division N of the + Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 + U.S.C. 1501)). + ``(3) Cybersecurity risk; incident.--The terms + `cybersecurity risk' and `incident' have the meanings given + such terms in section 2209. + ``(4) Information sharing and analysis organization.--The + term `information sharing and analysis organization' has the + meaning given such term in section 2222(5).''. + (b) Technical and Conforming Amendment.--The table of contents in +section 1(b) of the Homeland Security Act of 2002 is amended by +inserting after the item relating to section 2214 the following new +item: + +``Sec. 2215. Joint cyber planning office.''. + +SEC. 1640E. IMPLEMENTATION OF CERTAIN CYBERSECURITY RECOMMENDATIONS; + CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL + CERTIFICATION FRAMEWORK. + + (a) Report on Implementation of Certain Cybersecurity +Recommendations.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report regarding the plans of the +Secretary to implement certain cybersecurity recommendations to +ensure-- + (1) the Chief Information Officer of the Department of + Defense takes appropriate steps to ensure implementation of + DC3I tasks; + (2) Department components develop plans with scheduled + completion dates to implement any remaining CDIP tasks overseen + by the Chief Information Officer; + (3) the Deputy Secretary of Defense identifies a Department + component to oversee the implementation of any CDIP tasks not + overseen by the Chief Information Officer and reports on + progress relating to such implementation; + (4) Department components accurately monitor and report + information on the extent that users have completed Cyber + Awareness Challenge training, as well as the number of users + whose access to the Department network was revoked because such + users have not completed such training; + (5) the Chief Information Officer ensures all Department + components, including DARPA, require their users to take Cyber + Awareness Challenge training; + (6) a Department component is directed to monitor the + extent to which practices are implemented to protect the + Department's network from key cyberattack techniques; and + (7) the Chief Information Officer assesses the extent to + which senior leaders of the Department have more complete + information to make risk-based decisions, and revise the + recurring reports (or develop a new report) accordingly, + including information relating to the Department's progress on + implementing-- + (A) cybersecurity practices identified in cyber + hygiene initiatives; and + (B) cyber hygiene practices to protect Department + networks from key cyberattack techniques. + (b) Report on Cyber Hygiene and Cybersecurity Maturity Model +Certification Framework.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees and the + Comptroller General of the United States a report on the cyber + hygiene practices of the Department of Defense and the extent + to which such practices are effective at protecting Department + missions, information, system and networks. The report shall + include the following: + (A) An assessment of each Department component's + compliance with the requirements and levels identified + in the Cybersecurity Maturity Model Certification + framework. + (B) For each Department component that does not + achieve the requirements for ``good cyber hygiene'' as + defined in CMMC Model Version 1.02, a plan for how that + component will implement security measures to bring it + into compliance with good cyber hygiene requirements + within one year, and a strategy for mitigating + potential vulnerabilities and consequences until such + requirements are implemented. + (2) Comptroller general review.--Not later than 180 days + after the submission of the report required under paragraph + (1)), the Comptroller General of the United States shall + conduct an independent review of the report and provide a + briefing to the congressional defense committees on the + findings of the review. + +SEC. 1640F. BIENNIAL NATIONAL CYBER EXERCISE. + + (a) Requirement.--Not later than December 31, 2023, and not less +frequently than once every 2 years thereafter until a date that is not +less than 10 years after the date of enactment of this Act, the +Secretary, in consultation with the Secretary of Defense, shall conduct +an exercise to test the resilience, response, and recovery of the +United States in the case of a significant cyber attack impacting +critical infrastructure. + (b) Planning and Preparation.--Each exercise under subsection (a) +shall be coordinated through the Joint Cyber Planning Office of the +Cybersecurity and Infrastructure Security Planning Agency and prepared +by expert operational planners from the Department of Homeland +Security, in coordination with the Department of Defense, the Federal +Bureau of Investigation, and the appropriate intelligence community +elements, as identified by the Director of National Intelligence. + (c) Participants.-- + (1) Federal government participants.--The following shall + participate in each exercise under subsection (a): + (A) Relevant interagency partners, as determined by + the Secretary, including relevant interagency partners + from-- + (i) law enforcement agencies; and + (ii) the intelligence community. + (B) Senior leader representatives from sector- + specific agencies, as determined by the Secretary. + (2) State and local governments.--The Secretary shall + invite representatives from State, local, and Tribal + governments to participate the exercises under subsection (a) + if the Secretary determines such participation to be + appropriate. + (3) Private sector.--Depending on the nature of an exercise + being conducted under subsection (a), the Secretary, in + consultation with the senior leader representative of the + sector-specific agencies participating in such exercise + pursuant to paragraph (1)(A)(ii), shall invite the following + individuals to participate: + (A) Representatives from private entities. + (B) Other individuals that the Secretary + determines. + (4) International partners.--Depending on the nature of an + exercise being conducted under subsection (a), the Secretary + may, in consultation with the Secretary of Defense and the + Secretary of State, invite allies and partners of the United + States to participate in such exercise. + (d) Observers.--The Secretary shall invite appropriately cleared +representatives from the executive and legislative branches of the +Federal Government to observe an exercise under subsection (a). + (e) Elements.--Each exercise under subsection (a) shall include the +following elements: + (1) Exercising the orchestration of cybersecurity response + and the provision of cyber support to Federal, State, local, + and Tribal governments and private entities, including the + exercise of the command and control and deconfliction of + operational responses through the National Security Council, + interagency coordinating processes and response groups, and + each participating department and agency of the Federal + Government. + (2) Testing of the information-sharing needs and + capabilities of exercise participants. + (3) Testing of the relevant policy, guidance, and doctrine, + including the National Cyber Incident Response Plan of the + Cybersecurity and Infrastructure Security Agency of the + Department of Homeland Security. + (4) Test the coordination between Federal, State, local, + and Tribal governments and private entities. + (5) Exercising the integration of operational capabilities + of the Department of Homeland Security, the Cyber National + Mission Force, Federal law enforcement, and the intelligence + community. + (6) Test relevant information sharing and operational + agreements. + (7) Exercising integrated operations, mutual support, and + shared situational awareness of the cybersecurity operations + centers of the Federal Government, including the following: + (A) The Cybersecurity and Infrastructure Security + Agency. + (B) The Cyber Threat Operations Center of the + National Security Agency. + (C) The Joint Operations Center of United States + Cyber Command. + (D) The Cyber Threat Intelligence Integration + Center of the Office of the Director of National + Intelligence. + (E) The National Cyber Investigative Joint Task + Force of the Federal Bureau of Investigation. + (F) The Defense Cyber Crime Center of the + Department of Defense. + (G) The Intelligence Community Security + Coordination Center of the Office of the Director of + National Intelligence. + (f) Briefing.-- + (1) In general.--Not later than 180 days after the date on + which each exercise under subsection (a) is conducted, the + President shall submit to the appropriate congressional + committees a briefing on the participation of the Federal + Government participants in each such exercise. + (2) Contents.--Each briefing required under paragraph (1) + shall include the following: + (A) An assessment of the decision and response gaps + observed in the national level response. + (B) Proposed recommendations to improve the + resilience, response, and recovery in the case of a + significant cyber attack impacting critical + infrastructure. + (C) Plans to implement the recommendations + described in subparagraph (B). + (D) Specific timelines for the implementation of + such plans. + (g) Repeal.--Subsection (b) of section 1648 of the National Defense +Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. +1119) is repealed. + (h) National Cyber Exercise Program.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this section, the Director, in consultation + with appropriate representatives from sector-specific agencies, + the cybersecurity research community, and Sector Coordinating + Councils, shall carry out the National Cyber Exercise Program + (referred to in this section as the ``Exercise Program'') to + evaluate the National Cyber Incident Response Plan, and other + related plans and strategies. + (2) Requirements.-- + (A) In general.--The Exercise Program shall be-- + (i) as realistic as practicable, based on + current risk assessments, including credible + threats, vulnerabilities, and consequences; + (ii) designed, as practicable, to simulate + the partial or complete incapacitation of a + State, local, or tribal government, or related + critical infrastructure, resulting from a cyber + incident; + (iii) carried out, as appropriate, with a + minimum degree of notice to involved parties + regarding the timing and details of such + exercises, consistent with safety + considerations; + (iv) designed to provide for the systematic + evaluation of cyber readiness and enhance + operational understanding of the cyber incident + response system and relevant information + sharing agreements; and + (v) designed to promptly develop after- + action reports and plans that can be quickly + incorporating lessons learned into future + operations. + (B) Model exercise selection.--The Exercise Program + shall include a selection of model exercises that + State, local, and Tribal governments can readily adapt + for use and aid such governments with the design, + implementation, and evaluation of exercises that-- + (i) conform to the requirements under + subparagraph (A); + (ii) are consistent with any applicable + State, local, or Tribal strategy or plan; and + (iii) provide for systematic evaluation of + readiness. + (i) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services of the Senate; + (B) the Committee on Armed Services of the House of + Representatives; + (C) the Committee on Homeland Security and + Governmental Affairs of the Senate; and + (D) the Committee on Homeland Security of the House + of Representatives. + (2) Critical infrastructure.--The term ``critical + infrastructure'' has the meaning given such term in section + 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)). + (3) Intelligence community.--The term ``intelligence + community'' has the meaning given such term in section 3(4) of + the National Security Act of 1947 (50 U.S.C. 3003(4)). + (4) Private entity.--The term ``private entity'' has the + meaning given the term in section 102 of the Cybersecurity + Information Sharing Act of 2015 (6 U.S.C. 1501). + (5) Secretary.--The term ``Secretary'' means the Secretary + of Homeland Security. + (6) Sector-specific agency.--The term ``sector-specific + agency'' has the meaning given the term ``Sector-Specific + Agency'' in section 2201 of the Homeland Security Act of 2002 + (6 U.S.C. 651). + (7) State.--The term ``State'' means any State of the + United States, the District of Columbia, the Commonwealth of + Puerto Rico, the Northern Mariana Islands, the United States + Virgin Islands, Guam, American Samoa, and any other territory + or possession of the United States. + + Subtitle D--Nuclear Forces + +SEC. 1641. COORDINATION IN TRANSFER OF FUNDS BY DEPARTMENT OF DEFENSE + TO NATIONAL NUCLEAR SECURITY ADMINISTRATION. + + (a) In General.--Section 179(f)(3) of title 10, United States Code, +is amended by adding at the end the following new subparagraph: + ``(D) The Secretary of Defense and the Secretary of Energy shall +ensure that a transfer of estimated nuclear budget request authority is +carried out in a manner that provides for coordination between the +Secretary of Defense and the Administrator for Nuclear Security using +appropriate interagency processes during the process in which the +Secretaries develop the budget materials of the Department of Defense +and the National Nuclear Security Administration, including by +beginning such coordination by not later than June 30 for such budget +materials that will be submitted during the following year.''. + (b) Reports.--Subparagraph (B) of such section is amended by adding +at the end the following new clause: + ``(iv) A description of the total amount of the proposed + estimated nuclear budget request authority to be transferred by + the Secretary of Defense to the Secretary of Energy to support + the weapons activities of the National Nuclear Security + Administration, including-- + ``(A) identification of any trade-offs made within + the budget of the Department of Defense as part of such + proposed transfer; and + ``(B) a certification made jointly by the + Secretaries that such proposed transfer was developed + in a manner that allowed for the coordination described + in subparagraph (D).''. + +SEC. 1642. EXERCISES OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS + SYSTEM. + + (a) Requirement.--Chapter 24 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 499b. Exercises of nuclear command, control, and communications + system + ``(a) Required Exercises.--Except as provided by subsection (b), +beginning 2021, the President shall participate in a large-scale +exercise of the nuclear command, control, and communications system +during the first year of each term of the President, and may +participate in such additional exercises as the President determines +appropriate. + ``(b) Waiver.--The President may waive, on a case-by-case basis, +the requirement to participate in an exercise under subsection (a) if +the President-- + ``(1) determines that participating in such an exercise is + infeasible by reason of a war declared by Congress, a national + emergency declared by the President or Congress, a public + health emergency declared by the Secretary of Health and Human + Services under section 319 of the Public Health Service Act (42 + U.S.C. 247d), or other similar exigent circumstance; and + ``(2) submits to the congressional defense committees a + notice of the waiver and a description of such + determination.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: + +``499b. Exercises of nuclear command, control, and communications + system.''. + +SEC. 1643. INDEPENDENT STUDIES ON NUCLEAR WEAPONS PROGRAMS OF CERTAIN + FOREIGN STATES. + + (a) Study.--Not later than 60 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 the nuclear weapons programs of covered foreign +countries. + (b) Matters Included.--The study under subsection (a) shall compile +open-source data to conduct an analysis of the following for each +covered foreign country: + (1) The activities, budgets, and policy documents, + regarding the nuclear weapons program. + (2) The known research and development activities with + respect to nuclear weapons. + (3) The inventories of nuclear weapons and delivery + vehicles with respect to both deployed and nondeployed weapons. + (4) The capabilities of such nuclear weapons and delivery + vehicles. + (5) The physical sites used for nuclear processing, + testing, and weapons integration. + (6) The human capital of the scientific and technical + workforce involved in nuclear programs, including with respect + to matters relating to the education, knowledge, and technical + capabilities of that workforce. + (7) The known deployment areas for nuclear weapons. + (8) Information with respect to the nuclear command and + control system. + (9) The factors and motivations driving the nuclear weapons + program and the nuclear command and control system. + (10) Any other information that the federally funded + research and development center determines appropriate. + (c) Submission to DOD.--Not later than 14 months after the date of +the enactment of this Act, and each year thereafter for the following 2 +years, the federally funded research and development center shall +submit to the Secretary the study under subsection (a) and any updates +to the study. + (d) Submission to Congress.--Not later than 30 days after the date +on which the Secretary receives the study under subsection (a) or +updates to the study, the Secretary shall submit to the appropriate +congressional committees the study or such updates, without change. + (e) Public Release.--The federally funded research and development +center shall maintain an internet website on which the center-- + (1) publishes the study under subsection (a) by not later + than 30 days after the date on which the Secretary receives the + study under subsection (c); and + (2) provides on an ongoing basis commentaries, analyses, + updates, and other information regarding the nuclear weapons of + covered foreign countries. + (f) Form.--The study under subsection (a) shall be in unclassified +form. + (g) Modification to Report on Nuclear Forces of the United States +and Near-Peer Countries.--Section 1676 of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1778) is amended-- + (1) in subsection (a), by striking ``Not later than + February 15, 2020, the Secretary of Defense, in coordination + with the Director of National Intelligence, shall'' and + inserting ``Not later than February 15, 2020, and each year + thereafter through 2023, the Secretary of Defense and the + Director of National Intelligence shall jointly''; and + (2) in subsection (b), by adding at the end the following + new paragraph: + ``(4) With respect to the current and planned nuclear + systems specified in paragraphs (1) through (3), the factors + and motivations driving the development and deployment of the + systems.''. + (h) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' + means-- + (A) the congressional defense committees; + (B) the Committee on Foreign Affairs and the + Permanent Select Committee on Intelligence of the House + of Representatives; and + (C) the Committee on Foreign Relations and the + Select Committee on Intelligence of the Senate. + (2) The term ``covered foreign country'' means each of the + following: + (A) China. + (B) North Korea. + (C) Russia. + (3) The term ``open-source data'' includes data derived + from, found in, or related to any of the following: + (A) Geospatial information. + (B) Seismic sensors. + (C) Commercial data. + (D) Public government information. + (E) Academic journals and conference proceedings. + (F) Media reports. + (G) Social media. + +SEC. 1644. ROLE OF SECRETARY OF DEFENSE AND SECRETARY OF ENERGY ON + NUCLEAR WEAPONS COUNCIL. + + (a) Membership.--Subsection (a) of section 179 of title 10, United +States Code, is amended-- + (1) by redesignating paragraphs (1) through (6) as + paragraphs (3) through (8), respectively; and + (2) by inserting before paragraph (3), as so redesignated, + the following new paragraphs: + ``(1) The Secretary of Defense. + ``(2) The Secretary of Energy.''. + (b) Chairman; Meetings.--Subsection (b) of section 179 of title 10, +United States Code, is amended to read as follows: + ``(b) Chairman; Meetings.--(1) The Council shall be co-chaired by +the Secretary of Defense and the Secretary of Energy. Any reference in +any statute or regulation to the Chairman of the Council shall be +deemed to be a reference to the Secretary of Defense and the Secretary +of Energy jointly. + ``(2) The Council shall meet not less often than once every three +months. To the extent possible, not later than seven days before a +meeting, the Chairman shall disseminate to each member of the Council +the agenda and documents for such meeting.''. + +SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO UPDATES ON + MEETINGS HELD BY NUCLEAR WEAPONS COUNCIL. + + Section 179(g) of title 10, United States Code, is amended to read +as follows: + ``(g) Semiannual Updates on Council Meetings.--(1) Not later than +February 1 and August 1 of each year, the Council shall provide to the +congressional defense committees a semiannual update including, with +respect to the six-month period preceding the update-- + ``(A) the dates on which the Council met; and + ``(B) except as provided by paragraph (2), a summary of any + decisions made by the Council pursuant to subsection (d) at + each such meeting and the rationale for and options that + informed such decisions. + ``(2) The Council shall not be required to include in a semiannual +update under paragraph (1) the matters described in subparagraph (B) of +that paragraph with respect to decisions of the Council relating to the +budget of the President for a fiscal year if the budget for that fiscal +year has not been submitted to Congress under section 1105 of title 31 +as of the date of the semiannual update. + ``(3) The Council may provide a semiannual update under paragraph +(1) either in the form of a briefing or a written report. + ``(4)(A) If by February 1 of any year the Council has not provided +the semiannual update under paragraph (1) required by that date, not +more than 50 percent of the funds authorized to be appropriated for +that year for the Office of the Under Secretary of Defense for +Acquisition and Sustainment may be obligated or expended until the date +on which such semiannual update has been provided. + ``(B) If by August 1 of any year the Council has not provided the +semiannual update under paragraph (1) required by that date, not more +than 90 percent of the funds authorized to be appropriated for that +year for the Office of the Under Secretary of Defense for Acquisition +and Sustainment may be obligated or expended until the date on which +such semiannual update has been provided.''. + +SEC. 1646. BRIEFING ON NUCLEAR WEAPONS STORAGE AND MAINTENANCE + FACILITIES OF THE AIR FORCE. + + Not later than 90 days after the date of the enactment of this Act, +the Secretary of the Air Force shall provide to the congressional +defense committees a briefing on the efforts by the Secretary to harden +and modernize the nuclear weapons storage and maintenance facilities of +the Air Force. The briefing shall include the plans of the Secretary +with respect to the following: + (1) Verifying that the Air Force is deploying tested and + field-proven physical security designs of such facilities, + including with respect to forced entry, blast and ballistic + resistant barrier systems, that incorporate multiple reactive + countermeasures for protection against the dedicated adversary + threat classification level. + (2) Streamlining the procurement of the infrastructure to + protect ground-based strategic deterrent weapons by ensuring + that the physical security designs of such facilities are + appropriately tailored to the threat. + (3) Ensuring that competitive procedures are used in + awarding a contract for the physical security design of such + facilities that include a fair consideration of such designs + that are successfully used at other similar facilities. + (4) Ensuring that the physical security design for which + such contract is awarded-- + (A) meets the security requirements of all planned + modernization projects for the nuclear weapons storage + and maintenance facilities of the Air Force; and + (B) do not result in higher and additional costs to + shore up existing infrastructure at such facilities. + + Subtitle E--Missile Defense Programs + +SEC. 1651. EXTENSION AND MODIFICATION OF REQUIREMENT FOR COMPTROLLER + GENERAL OF THE UNITED STATES REVIEW AND ASSESSMENT OF + MISSILE DEFENSE ACQUISITION PROGRAMS. + + Section 232(a) of the National Defense Authorization Act for Fiscal +Year 2012 (Public Law 112-81; 125 Stat. 1339), as amended by section +1688 of the National Defense Authorization Act for Fiscal Year 2016 +(Public Law 114-92; 129 Stat. 1144), is amended-- + (1) in paragraph (1), by striking ``through 2020'' and + inserting ``through 2025''; and + (2) in paragraph (2)-- + (A) by striking ``through 2021'' and inserting + ``through 2026''; and + (B) by adding at the end the following new + sentence: ``In carrying out this subsection, the + Comptroller General shall review emergent issues + relating to such programs and accountability and, in + consultation with the congressional defense committees, + either include any findings from the review in the + reports submitted under this paragraph or provide to + such committees a briefing on the findings.''. + +SEC. 1652. EXTENSION OF TRANSITION OF BALLISTIC MISSILE DEFENSE + PROGRAMS TO MILITARY DEPARTMENTS. + + Section 1676(b)(1) of the National Defense Authorization Act for +Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended by +striking ``2021'' and inserting ``2023''. + +SEC. 1653. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING + SPACE SENSOR PAYLOAD. + + (a) Findings; Sense of Congress.-- + (1) Findings.--Congress finds the following: + (A) Subsection (d) of section 1683 of the National + Defense Authorization Act for Fiscal Year 2018 (Public + Law 115-91; 10 U.S.C. 2431 note), as amended by section + 1683 of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92), requires the + Director of the Missile Defense Agency to develop a + hypersonic and ballistic tracking space sensor payload + to address missile defense tracking requirements. + (B) The budget of the President for fiscal year + 2021 submitted under section 1105 of title 31, United + States Code, did not provide any funding for the + Missile Defense Agency to continue the development of + such sensor payload. + (2) Sense of congress.--It is the sense of Congress that-- + (A) regardless of the overall architecture for a + missile defense tracking space layer, the Director of + the Missile Defense Agency should remain the material + developer for the hypersonic and ballistic tracking + space sensor payload to ensure that-- + (i) unique hypersonic and ballistic missile + tracking requirements are met; and + (ii) the system can be integrated into the + existing missile defense system command and + control, battle management, and communications + system; and + (B) the Secretary of Defense should ensure + transparency of funding for this effort to ensure + proper oversight can be conducted on this critical + capability. + (b) Limitation.--Subsection (d) of section 1683 of the National +Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 +U.S.C. 2431 note), as amended by section 1683 of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92), is amended +by adding at the end the following new paragraph: + ``(3) Limitation.--Of the funds authorized to be + appropriated by the National Defense Authorization Act for + Fiscal Year 2021 or otherwise made available for fiscal year + 2021 for operation and maintenance, Defense-wide, for the Space + Defense Agency, not more than 50 percent may be obligated or + expended until the date on which the Secretary submits the + certification under paragraph (2)(B).''. + (c) Coordination.--Subsection (a) of such section is amended by +striking ``the Commander of the Air Force Space Command and'' and +inserting ``the Chief of Space Operations, the Commander of the United +States Space Command, the Commander of the United States Northern +Command, and''. + +SEC. 1654. ANNUAL CERTIFICATION ON HYPERSONIC AND BALLISTIC MISSILE + TRACKING SPACE SENSOR PAYLOAD. + + (a) Finding; Sense of Congress.-- + (1) Finding.--Congress finds that the budget submitted by + the President under section 1105(a) of title 31, United States + Code, for fiscal year 2021 does not fully fund an operational + capability for the hypersonic and ballistic missile tracking + space sensor within the tracking layer of the persistent space- + based sensor architecture of the Space Development Agency, + despite such space sensor being a requirement by the combatant + commanders and being highlighted as a needed capability against + both hypersonic and ballistic threats in the Missile Defense + Review published in 2019. + (2) Sense of congress.--It is the sense of Congress that + the Missile Defense Agency hypersonic and ballistic missile + tracking space sensor must be prioritized within the persistent + space-based sensor architecture of the Space Development Agency + to ensure the delivery of capabilities to the warfighter as + soon as possible. + (b) Annual Certification.--Subsection (d) of section 1683 of the +National Defense Authorization Act for Fiscal Year 2018 (Public Law +115-91; 10 U.S.C. 2431 note), as amended by section 1653, is further +amended by adding at the end the following new paragraph: + ``(4) Annual certification.--On an annual basis until the + date on which the hypersonic and ballistic tracking space + sensor payload achieves full operational capability, the + Secretary of Defense, without delegation, shall submit to the + appropriate congressional committees a certification that-- + ``(A) the most recent future-years defense program + submitted under section 221 of title 10, United States + Code, includes estimated expenditures and proposed + appropriations in amounts necessary to ensure the + development and deployment of such space sensor payload + as a component of the sensor architecture developed + under subsection (a); and + ``(B) the Commander of the United States Space + Command has validated both the ballistic and hypersonic + tracking requirements of, and the timeline to deploy, + such space sensor payload.''. + +SEC. 1655. ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN THE + DEPARTMENT OF DEFENSE. + + (a) Findings.--Congress finds the following: + (1) Since the Missile Defense Agency was aligned to be + under the authority, direction, and control of the Under + Secretary of Defense for Research and Engineering pursuant to + section 205(b) of title 10, United States Code, the advanced + technology development budget requests in the defense budget + materials (as defined in section 231(f) of title 10, United + States Code) have decreased by more than 650 percent, from a + request for $292,000,000 for fiscal year 2018 (the highest such + request) to a request for $45,000,000 for fiscal year 2021. + (2) The overwhelming majority of the budget of the Missile + Defense Agency is invested in programs that would be + categorized as acquisition category 1 efforts if such programs + were administered under the acquisition standards under + Department of Defense Directive 5000. + (b) Sense of Congress.--It is the sense of Congress that, in light +of the findings under subsection (a), upon the completion of the +independent review of the organization of the Missile Defense Agency +required by section 1688 of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1787), the Secretary of +Defense should reassess the alignment of the Agency within the +Department of Defense to ensure that missile defense efforts are being +given proper oversight and that the Agency is focused on delivering +capability to address current and future threats. + (c) Report.--Not later than February 28, 2021, the Secretary of +Defense shall submit to the congressional defense committees a report +on the alignment of the Missile Defense Agency within the Department of +Defense. The report shall include-- + (1) a description of the risks and benefits of both-- + (A) continuing the alignment of the Agency under + the authority, direction, and control of the Under + Secretary of Defense for Research and Engineering + pursuant to section 205(b) of title 10, United States + Code; and + (B) realigning the Agency to be under the + authority, direction, and control of the Under + Secretary of Defense for Acquisition and Sustainment; + and + (2) if the Agency were to be realigned, the actions that + would need to be taken to realign the Agency to be under the + authority, direction, and control of the Under Secretary of + Defense for Acquisition and Sustainment or another element of + the Department of Defense. + +SEC. 1656. ANALYSIS OF ALTERNATIVES FOR HOMELAND MISSILE DEFENSE + MISSIONS. + + (a) Analysis of Alternatives.-- + (1) Requirement.--Not later than 90 days after the date of + the enactment of this Act, the Director of Cost Assessment and + Program Evaluation, in coordination with the Secretary of the + Navy, the Secretary of the Army, and the Director of the + Missile Defense Agency, shall conduct an analysis of + alternatives with respect to a complete architecture for using + the regional terminal high altitude area defense system and the + Aegis ballistic missile defense system to conduct homeland + defense missions. + (2) Scope.--The analysis of alternatives under paragraph + (1) shall include the following: + (A) The sensors needed for the architecture + described in such paragraph. + (B) An assessment of the locations of each system + included in the analysis to provide similar coverage as + the ground-based midcourse defense system, including, + with respect to such systems that are land-based, by + giving preference to locations with completed + environmental impact analyses conducted pursuant to + section 227 of the National Defense Authorization Act + for Fiscal Year 2013 (Public Law 112-239; 126 Stat. + 1678), to the extent practicable. + (C) The acquisition objectives for interceptors of + the terminal high altitude area defense system and + standard missile-3 interceptors for homeland defense + purposes. + (D) Any improvements needed to the missile defense + system command and control, battle management, and + communications system. + (E) The manning, training, and sustainment needed + to support such architecture. + (F) A detailed schedule for the development, + testing, production, and deployment of such systems. + (G) A lifecycle cost estimate of such architecture. + (H) A comparison of the capabilities, costs, + schedules, and policies with respect to-- + (i) deploying regional systems described in + subsection (a) to conduct homeland defense + missions; and + (ii) deploying future ground-based + midcourse defense systems for such missions. + (3) Submission.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a report + containing-- + (A) the analysis of alternatives under paragraph + (1); and + (B) a certification by the Secretary that such + analysis is sufficient. + (b) Assessment.--Not later than February 28, 2021, the Director of +the Defense Intelligence Agency, and the head of any other element of +the intelligence community that the Secretary of Defense determines +appropriate, shall submit to the congressional defense committees an +assessment of the following: + (1) How the development and deployment of regional terminal + high altitude area defense systems and Aegis ballistic missile + defense systems to conduct longer-range missile defense + missions would be perceived by near-peer foreign countries and + rogue nations. + (2) How such near-peer foreign countries and rogue nations + would likely respond to such deployments. + +SEC. 1657. NEXT GENERATION INTERCEPTORS. + + (a) Notification of Changed Requirements.--During the acquisition +and development process of the next generation interceptor program, not +later than 7 days after the date on which any changes are made to the +requirements for such program that are established in the equivalent to +capability development documentation, the Director of the Missile +Defense Agency shall notify the congressional defense committees of +such changes. + (b) Briefing on Contract.--Not later than 14 days after the date on +which the Director awards a contract for the next generation +interceptor, the Director shall provide the congressional defense +committees a briefing on such contract, including with respect to the +cost, schedule, performance, and requirements of the contract. + (c) Report on Ground-Based Midcourse Defense System.-- + (1) Requirement.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of Defense, in + coordination with the Under Secretary of Defense for Policy, + the Director of the Missile Defense Agency, and the Commander + of the United States Northern Command, shall submit to the + congressional defense committees a report on the ground-based + midcourse defense system. + (2) Matters included.--The report under paragraph (1) shall + include the following: + (A) An explanation of how contracts in existence as + of the date of the report could be used to reestablish + improvements and sustainment for kill vehicles and + boosters for the ground-based midcourse defense system. + (B) An explanation of how such system could be + improved through service life extensions or pre-planned + product improvements to address some of the + requirements of the next generation interceptor by + 2026, including an identification of the costs, + schedule, and any risks. + (C) A description of the costs and schedule with + respect to restarting booster production to field 20 + additional interceptors by 2026. + (D) An analysis of policy implications with respect + to the requirements for the ground-based midcourse + defense system. + +SEC. 1658. OVERSIGHT OF NEXT GENERATION INTERCEPTOR PROGRAM. + + (a) Findings; Sense of Congress.-- + (1) Findings.--Congress finds that the Secretary of Defense + discovered major technical problems with the redesigned kill + vehicle program, which led to cancelling the program in August + 2019 and caused significant delays to the improved defense of + the United States against rogue nation ballistic missile + threats and wasted $1,200,000,000. + (2) Sense of congress.--It is the sense of Congress that + the Secretary of Defense should ensure robust oversight and + accountability for the acquisition of the future next + generation interceptor program to avoid making the same errors + that were experienced in the redesigned kill vehicle effort. + (b) Independent Cost Assessment and Validation.-- + (1) Assessment.--The Director of Cost Assessment and + Program Evaluation shall conduct an independent cost assessment + of the next generation interceptor program. + (2) Validation.--The Under Secretary of Defense for + Acquisition and Sustainment shall validate the preliminary cost + assessment conducted under paragraph (1) that will be used to + inform the award of the contract for the next generation + interceptor. + (3) Submission.--Not later than the date on which the + Director of the Missile Defense Agency awards a contract for + the next generation interceptor, the Secretary of Defense shall + submit to the congressional defense committees a report + containing the preliminary independent cost assessment under + paragraph (1) and the validation under paragraph (2). + (c) Flight Tests.--In addition to the requirements of section 2399 +of title 10, United States Code, the Director of the Missile Defense +Agency may not make any decision regarding the initial production, or +equivalent, of the next generation interceptor unless the Director +has-- + (1) certified to the congressional defense committees that + the Director has conducted not fewer than two successful + intercept flight tests of the next generation interceptor; and + (2) provided to such committees a briefing on the details + of such tests, including with respect to the operational + realism of such tests. + +SEC. 1659. MISSILE DEFENSE COOPERATION BETWEEN THE UNITED STATES AND + ISRAEL. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the strong and enduring relationship between the United + States and Israel is in the national security interest of both + countries; + (2) the memorandum of understanding signed by the United + States and Israel on September 14, 2016, including the + provisions of the memorandum relating to missile and rocket + defense cooperation, continues to be a critical component of + the bilateral relationship; + (3) the United States and Israel should continue + government-to-government collaboration and information sharing + of technical data to investigate the potential operational use + of Israeli missile defense systems for United States purposes; + and + (4) in addition to the existing Israeli missile defense + interceptor systems, there is potential for developing and + incorporating directed energy platforms to assist the missile + defense capabilities of both the United States and Israel. + (b) Cooperation.--The Secretary of Defense may seek to extend +existing cooperation with Israel to carry out, on a joint basis with +Israel, research, development, test, and evaluation activities to +establish directed energy capabilities that address missile threats to +the United States, the deployed members of the Armed Forces of the +United States, or Israel. The Secretary shall ensure that any such +activities are conducted-- + (1) in accordance with Federal law and the Convention on + Prohibitions or Restrictions on the Use of Certain Conventional + Weapons which may be deemed to be Excessively Injurious or to + have Indiscriminate Effects, signed at Geneva October 10, 1980; + and + (2) in a manner that appropriately protects sensitive + information and the national security interests of the United + States and the national security interests of Israel. + +SEC. 1660. REPORT ON DEFENSE OF GUAM FROM INTEGRATED AIR AND MISSILE + THREATS. + + (a) Report.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report containing a study on the +defense of Guam from integrated air and missile threats, including such +threats from ballistic, hypersonic, and cruise missiles. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) The identification of existing deployed land- and sea- + based air and missile defense programs of record within the + military departments and Defense Agencies, including with + respect to interceptors, radars, and ground-, ship-, air,- and + space-based sensors that could be used either alone or in + coordination with other systems to counter the threats + specified in subsection (a) with an initial operational + capability by 2025. + (2) A plan of how such programs would be used to counter + such threats with an initial operational capability by 2025. + (3) A plan of which programs currently in development but + not yet deployed could enhance or substitute for existing + programs in countering such threats with an initial operational + capability by 2025. + (4) An analysis of which military department, Defense + Agency, or combatant command would have operational control of + the mission to counter such threats. + (5) A cost analysis of the various options described in + paragraphs (1) and (3), including a breakdown of the cost of + weapons systems considered under the various scenarios + (including any costs to modify the systems), the cost benefits + gained through economies of scale, and the cost of any military + construction required. + (6) An analysis of the policy implications regarding + deploying additional missile defense systems on Guam, and how + such deployments could affect strategic stability, including + likely responses from both rogue nations and near-peer + competitors. + (c) Consultation.--The Secretary shall carry out this section in +consultation with each of the following: + (1) The Director of the Missile Defense Agency. + (2) The Commander of the United States Indo-Pacific + Command. + (3) The Commander of the United States Northern Command. + (4) Any other official whom the Secretary of Defense + determines for purposes of this section has significant + technical, policy, or military expertise. + (d) Form.--The report submitted under subsection (a) shall be in +unclassified form, but may contain a classified annex. + (e) Briefing.--Not later than 30 days after the date on which the +Secretary submits to the congressional defense committees the report +under subsection (a), the Secretary shall provide to such committees a +briefing on the report. + +SEC. 1661. REPORT ON CRUISE MISSILE DEFENSE. + + Not later than January 15, 2021, the Commander of the United States +Northern Command, in coordination with the Director of the Missile +Defense Agency, shall submit to the congressional defense committees a +report containing-- + (1) an identification of any vulnerability of the + contiguous United States to known cruise missile threats; and + (2) a plan to mitigate any such vulnerability. + + Subtitle F--Other Matters + +SEC. 1671. CONVENTIONAL PROMPT GLOBAL STRIKE. + + (a) Integration.--Section 1697(a) of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1791) is amended by adding at the end the following new sentence: ``The +Secretary shall initiate such transfer of technologies to DDG-1000 +class destroyers by not later than January 1, 2021.''. + (b) Report on Strategic Hypersonic Weapons.-- + (1) Requirement.--Not later than 120 days after the date of + the enactment of this Act, the Chairman of the Joint Chiefs of + Staff, in coordination with the Under Secretary of Defense for + Policy, shall submit to the congressional defense committees a + report on strategic hypersonic weapons. + (2) Matters included.--The report under paragraph (1) shall + include the following: + (A) A discussion of the authority to use strategic + hypersonic weapons and if, and how, such authorities + would be delegated to the commanders of the combatant + commands or to the Chiefs of the Armed Forces. + (B) An assessment of escalation and miscalculation + risks (including the risk that adversaries may detect + initial launch but not reliably detect the entire + boost-glide trajectory), how such risks will be + addressed and minimized with regards to the use of + strategic hypersonic weapons, and whether any risk + escalation exercises have been conducted or are planned + for the potential use of hypersonic weapons. + (C) A description of any updates needed to war + plans with the introduction of strategic hypersonic + weapons. + (D) Identification of the element of the Department + of Defense that has responsibility for establishing + targeting requirements for strategic hypersonic + weapons. + (E) A description of how the requirements for land- + and sea-based strategic hypersonic weapons will be + addressed with the Joint Requirements Oversight + Council, and how such requirements will be formally + provided to the military departments procuring such + weapons through an acquisition program described under + section 804 of the National Defense Authorization Act + for Fiscal Year 2016 (10 U.S.C. 2302 note). + (F) A basing strategy for land-based launch + platforms and a description of the actions needed to be + taken for future deployment of such platforms. + (3) Form.--The report under paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + (c) Annual Reports on Acquisition.-- + (1) Army and navy programs.--Except as provided by + paragraph (3), not later than 30 days after the date on which + the budget of the President for each of fiscal years 2022 + through 2025 is submitted to Congress pursuant to section 1105 + of title 31, United States Code, the Secretary of the Army and + the Secretary of the Navy shall jointly submit to the + congressional defense committees a report on the conventional + prompt global strike programs of the Army and the Navy, + including-- + (A) the total costs to the respective military + departments for such programs; + (B) the strategy for such programs with respect to + manning, training, and equipping, including cost + estimates; and + (C) a testing strategy and schedule for such + programs. + (2) Certifications.--Not later than 60 days after the date + on which the budget of the President for each of fiscal years + 2022 through 2025 is submitted to Congress pursuant to section + 1105 of title 31, United States Code, the Director of Cost + Assessment and Program Evaluation shall submit to the + congressional defense committees a certification regarding the + sufficiency, including any anomalies, with respect to-- + (A) the total program costs of the conventional + prompt global strike programs of the Army and the Navy; + and + (B) the testing strategy for such programs. + (3) Termination.--The requirement to submit a report under + paragraph (1) shall terminate on the date on which the + Secretary of Defense determines that the conventional prompt + global strike programs of the Army and the Navy are unable to + be acquired under the authority of section 804 of the National + Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 + note). + +SEC. 1672. SUBMISSION OF REPORTS UNDER MISSILE DEFENSE REVIEW AND + NUCLEAR POSTURE REVIEW. + + Not later than 30 days after the date of the enactment of this Act, +the Secretary of Defense shall submit to the congressional defense +committees-- + (1) each report produced by the Department of Defense + pursuant to the Missile Defense Review published in 2019; and + (2) each report produced by the Department pursuant to the + Nuclear Posture Review published in 2018. + +SEC. 1673. REPORT ON CONSIDERATION OF RISKS OF INADVERTENT ESCALATION + TO NUCLEAR WAR. + + (a) Report.--Not later than January 31, 2021, the Under Secretary +of Defense for Policy shall submit to the Committees on Armed Services +of the House of Representatives and the Senate a report-- + (1) detailing the efforts of the Department of Defense with + respect to developing and implementing guidance to ensure that + the risks of inadvertent escalation to a nuclear war are + considered within the decision-making processes of the + Department regarding relevant activities (such as developing + contingency plans, managing military crises and conflicts, and + supporting the Department of State in the development, + negotiation, and implementation of cooperative risk-reduction + measures); and + (2) identifying the capabilities and factors taken into + account in developing such guidance. + (b) Form.--The report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. + (c) Briefing.--Not later than December 1, 2020, the Under Secretary +shall provide to the Committees on Armed Services of the House of +Representatives and the Senate a briefing on the progress and findings +made in carrying out subsection (a). + +SEC. 1674. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO REPORTS ON + MISSILE SYSTEMS AND ARMS CONTROL TREATIES. + + (a) Limitation.-- + (1) In general.--Beginning on October 1, 2020, if the + Secretary of Defense has not submitted the covered reports, not + more than 25 percent of the funds specified in paragraph (2) + may be obligated or expended until the date on which the + covered reports have been submitted. + (2) Funds specified.--The funds specified in this paragraph + are the funds authorized to be appropriated by the William M. + (Mac) Thornberry National Defense Authorization Act for Fiscal + Year 2021 or otherwise made available for fiscal year 2021 for + the immediate office of the Secretary of Defense. + (b) Covered Reports Defined.--In this section, the term ``covered +reports'' means-- + (1) the report under section 1698(b) of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116- + 92; 133 Stat. 1792); and + (2) the assessment under section 1236(b) of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116- + 92; 133 Stat. 1650). + +SEC. 1675. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW. + + (a) In General.--The Director of the Cybersecurity and +Infrastructure Security Agency of the Department of Homeland Security +shall conduct a review of the ability of the Cybersecurity and +Infrastructure Security Agency to carry out its mission requirements, +as well as the recommendations detailed in the U.S. Cyberspace Solarium +Commission's Report regarding the Agency. + (b) Elements of Review.--The review conducted in accordance with +subsection (a) shall include the following elements: + (1) An assessment of how additional budget resources could + be used by the Cybersecurity and Infrastructure Security Agency + for projects and programs that-- + (A) support the national risk management mission; + (B) support public and private-sector + cybersecurity; + (C) promote public-private integration; and + (D) provide situational awareness of cybersecurity + threats. + (2) A force structure assessment of the Cybersecurity and + Infrastructure Security Agency, including-- + (A) a determination of the appropriate size and + composition of personnel to carry out the mission + requirements of the Agency, as well as the + recommendations detailed in the U.S. Cyberspace + Solarium Commission's Report regarding the Agency; + (B) as assessment of whether existing personnel are + appropriately matched to the prioritization of threats + in the cyber domain and risks to critical + infrastructure; + (C) an assessment of whether the Agency has the + appropriate personnel and resources to-- + (i) perform risk assessments, threat + hunting, and incident response to support both + private and public cybersecurity; + (ii) carry out its responsibilities related + to the security of Federal information and + Federal information systems (as such term is + defined in section 3502 of title 44, United + States Code); and + (iii) carry out its critical infrastructure + responsibilities, including national risk + management; + (D) an assessment of whether current structure, + personnel, and resources of regional field offices are + sufficient to carry out Agency responsibilities and + mission requirements; and + (E) an assessment of current Cybersecurity and + Infrastructure Security Agency facilities, including a + review of the suitability of such facilities to fully + support current and projected mission requirements + nationally and regionally, and recommendations + regarding future facility requirements. + (c) Submission of Review.--Not later than 1 year after the date of +the enactment of this Act, the Secretary of Homeland Security shall +submit to the Committee on Homeland Security of the House of +Representatives and the Committee on Homeland Security and Governmental +Affairs of the Senate a report detailing the result of the review +conducted in accordance with subsection (a), including recommendations +to address any identified gaps. + (d) General Services Administration Review.-- + (1) Submission of assessment.--Upon submission to the + Committee on Homeland Security of the House of Representatives + and the Committee on Homeland Security and Governmental Affairs + of the Senate of the report required under subsection (c), the + Director of the Cybersecurity and Infrastructure Security + Agency of the Department of Homeland Security shall submit to + the Administrator of the General Services Administration the + results of the assessment required under subsection (b)(2)(E). + (2) Review.--The Administrator of the General Services + Administration shall-- + (A) conduct a review of Cybersecurity and + Infrastructure Security Agency assessment required + under subsection (b)(2)(E); and + (B) make recommendations regarding resources needed + to procure or build a new facility or augment existing + facilities to ensure sufficient size and accommodations + to fully support current and projected mission + requirements, including the integration of personnel + from the private sector and other Federal departments + and agencies. + (3) Submission of review.--Not later than 30 days after + receipt of the assessment under paragraph (1), the + Administrator of the General Services Administration shall + submit to the President, the Secretary of Homeland Security, + the Committee on Homeland Security and Governmental Affairs of + the Senate, and the Committee on Homeland Security of the House + of Representatives the review required under paragraph (2). + + TITLE XVII--REPORTS AND OTHER MATTERS + + Subtitle A--Studies and Reports + +SEC. 1701. REVIEW OF SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM. + + (a) Review.--The Comptroller General of the United States shall +conduct a review of all support provided, or planned to be provided, +under section 127e of title 10, United States Code. Such review shall +include an analysis of each of the following: + (1) The strategic alignment between such support and + relevant Executive orders, global campaign plans, theatre + campaign plans, execute orders, and other guiding documents for + currency, relevancy, and efficacy. + (2) The extent to which United States Special Operations + Command has the processes and procedures to manage, integrate, + and synchronize the authority under section 127e of title 10, + United States Code, in support of the objectives and priorities + specified by the documents listed in (a)(1) as well as the + objectives and priorities of-- + (A) the geographic combatant commands; + (B) theatre elements of United States Special + Operations Command; + (C) relevant chiefs of mission and other + appropriate positions in the Department of State; and + (D) any other interagency organization affected by + the use of such authority. + (3) For the activities carried out pursuant to such + authority, the extent to which United States Special Operations + Command has the processes and procedures to-- + (A) determine the professionalism, cohesion, and + institutional capacity of the military in the country + where forces receiving support are based; + (B) determine the adherence of the forces receiving + support to human rights norms and the laws of armed + conflict; + (C) establish measures of effectiveness; + (D) assess such activities against established + measures of effectiveness as identified in subparagraph + (C); + (E) establish criteria to determine the successful + completion of such activities; + (F) deconflict and synchronize activities conducted + under such authority with other relevant funding + authorities; + (G) deconflict and synchronize activities conducted + under such authorities with other relevant activities + conducted by organizations related to, but outside the + purview of, the Department of Defense; and + (H) track the training, support, and facilitation + provided to forces receiving support, and the + significant activities undertaken by such forces as a + result of such training, support, and facilitation. + (4) The extent to which United States Special Operations + Command has processes and procedures to manage the sunset, + termination, or transition of activities carried out pursuant + to such authority, including-- + (A) accountability with respect to equipment + provided; and + (B) integrity of the tactics, techniques, and + procedures developed. + (5) The extent to which United States Special Operations + Command has and uses processes and procedures to-- + (A) report to Congress biannually on the matters + referred to in paragraph (3); and + (B) notify Congress with respect to the intent to + sunset, terminate, or transition activities carried out + pursuant to such authority. + (6) Any other issues the Comptroller General determines + appropriate with respect to the authority under section 127e of + title 10, United States Code. + (b) Briefing.--Not later than 180 days after the date of the +enactment of this Act, the Comptroller General shall provide for the +Committees on Armed Services of the Senate and House of Representatives +a briefing on the progress of the review required under subsection (a). + (c) Report.--Not later than 1 year after the date of the enactment +of this Act, the Comptroller General shall submit to the Committees on +Armed Services of the Senate and House of Representatives a report on +the findings of the review required under subsection (a) and the +recommendations of the Comptroller General pursuant to such review. + (d) Support Defined.--In this section, the term ``support'' +includes-- + (1) personnel who provide capacity for-- + (A) training and equipment; + (B) training, advice, and assistance; or + (C) advice, assistance, and accompaniment capacity; + (2) financial assistance; and + (3) equipment and weapons. + +SEC. 1702. FFRDC STUDY OF EXPLOSIVE ORDNANCE DISPOSAL AGENCIES. + + (a) In General.--The Secretary of Defense shall enter into an +agreement with a federally funded research and development corporation +under which such corporation shall conduct a study of the +responsibilities, authorities, policies, programs, resources, +organization, and activities of the explosive ordnance disposal +agencies of the Department of Defense, Defense Agencies, and military +departments. In carrying out the study, the federally funded research +and development corporation shall solicit input from relevant nonprofit +organizations, such as the National Defense Industrial Association EOD +Committee, United States Army EOD Association, United States Bomb +Technician Association and the EOD Warrior Foundation. + (b) Elements of Study.--The study conducted under subsection (a) +shall include, for the Department of Defense, each Defense Agency, and +each the military departments, each of the following: + (1) An identification and evaluation of-- + (A) technology research, development, and + acquisition activities related to explosive ordnance + disposal, including an identification and evaluation + of-- + (i) current and future technology and + related industrial base gaps; and + (ii) any technical or operational risks + associated with such technology or related + industrial base gaps; + (B) recruiting, training, education, assignment, + promotion, and retention of military and civilian + personnel with responsibilities relating to explosive + ordnance disposal; + (C) administrative and operational force structure + with respect to explosive ordnance disposal, including + an identification and assessment of risk associated + with force structure capacity or capability gaps, if + any; and + (D) the demand for, and activities conducted in + support of, domestic and international military + explosive ordnance disposal operations, including-- + (i) support provided to Department of + Defense agencies and other Federal agencies; + and + (ii) an identification and assessment of + risk associated with the prioritization and + availability of explosive ordnance disposal + support among supported agencies and + operations. + (2) Recommendations, if any, for changes to-- + (A) the organization and distribution of + responsibilities and authorities relating to explosive + ordnance disposal; + (B) the explosive ordnance disposal force + structure, management, prioritization, and operating + concepts in support of the explosive ordnance disposal + requirements of the Armed Forces and other Federal + agencies; and + (C) resource investment strategies and technology + prioritization for explosive ordnance disposal, + including science and technology, prototyping, + experimentation, test and evaluation, and related 5- + year funding profiles. + (c) Report to Congress.-- + (1) In general.--Not later than August 31, 2021, the + Secretary of Defense shall submit to the congressional defense + committees a report on the study conducted under subsection + (a). Such report shall include the comments on the study, if + any, of the Secretary of Defense, the directors of each of the + Defense Agencies, and the Secretaries of each of the military + departments. + (2) Form of report.--The report submitted under paragraph + (1) shall be submitted in unclassified form, but may contain a + classified annex. + +SEC. 1703. REPORT ON THE HUMAN RIGHTS OFFICE AT UNITED STATES SOUTHERN + COMMAND. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the promotion of human rights and the protection of + civilians abroad is an ethical, legal, and strategic interest + of the United States; + (2) the Human Rights Office at the United States Southern + Command plays an essential role in the promotion of human + rights and the professionalization of foreign security forces + in the area of responsibility of the United States Southern + Command; + (3) the Secretary of Defense should ensure the status of + the Human Rights Office at the United States Southern Command + and, to the extent possible, ensure the United States Southern + Command has the assets necessary to support the activities of + the Human Rights Office; and + (4) the Secretary of Defense should ensure the development, + at each of the combatant commands, of an office responsible + for-- + (A) advising the commander of the combatant command + on the promotion of human rights and protection of + civilians; and + (B) integrating such promotion and protection into + command strategy. + (b) Report.--Not later than 90 days after the date of the enactment +of this Act, the Secretary of Defense shall submit to the congressional +defense committees a report on-- + (1) the activities of the Human Rights Office at the United + States Southern Command to provide and promote-- + (A) analysis and policy support to the Commander of + the United States Southern Command regarding human + rights and the protection of civilians; + (B) education of employees of the Department of + Defense regarding human rights and protection of + civilians pursuant to the document promulgated by the + United States Southern Command on July 1, 1998, titled + ``Regulation 1-20'' (relating to policy and procedures + for human rights administration); + (C) integration of the promotion of human rights + and protection of civilians into the strategy, + planning, training, and exercises of the United States + Southern Command, including into programs of the armed + forces of partner countries through the Human Rights + Initiative program of such Command; + (D) promotion of human rights and the protection of + civilians through security cooperation activities; + (E) implementation of section 362 of title 10, + United States Code; and + (F) countering trafficking in persons; and + (2) the resources necessary over the period of the future + years defense plan for fiscal year 2022 under section 221 of + title 10, United States Code, for the United States Southern + Command to support the activities of the Human Rights Office at + such Command. + (c) Form.--The report under subsection (b) shall be submitted in +unclassified form. + +SEC. 1704. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE PACIFIC + REGION. + + (a) Report.--Not later than March 15, 2021, the Chairman of the +Joint Chiefs of Staff, in coordination with the Commander of United +States Indo-Pacific Command, the Secretary of the Army, the Secretary +of the Navy, and the Secretary of the Air Force, shall submit to the +congressional defense committees a report containing a plan to +integrate combined, joint, and multi-domain, training and +experimentation in the Pacific region, including existing ranges, +training areas, and test facilities, to achieve the following +objectives: + (1) Support future combined and joint exercises and + training to test operational capabilities and weapon systems. + (2) Employ multi-domain training to validate joint + operational concepts. + (3) Integrate allied and partner countries into national- + level exercises. + (b) Matters.--The report under subsection (a) shall address the +following: + (1) Integration of cyber, space, and electromagnetic + spectrum domains. + (2) Mobile and fixed range instrumentation packages for + experimentation and training. + (3) Digital, integrated command and control for air defense + systems. + (4) Command, control, communications, computer, and + information (C41) systems. + (5) War gaming, modeling, and simulations packages. + (6) Intelligence support systems. + (7) Manpower management, execution, collection, and + analysis required for the incorporation of space and cyber + activities into the training range exercise plan contained in + such report. + (8) Connectivity requirements to support all domain + integration and training. + (9) Any training range upgrades or infrastructure + improvements necessary to integrate legacy training and + exercise facilities into integrated, operational sites. + (10) Exercises led by the United States Indo-Pacific + Command, within the area of operations of the Command, that + integrate allied and partnered countries and link to the + national-level exercises of the United States. + (11) Incorporation of any other functional and geographic + combatant commands required to support the United States Indo- + Pacific Command. + (c) Form.--The report under subsection (a) may be submitted in +classified form, and shall include an unclassified summary. + +SEC. 1705. STUDY ON CHINESE POLICIES AND INFLUENCE IN THE DEVELOPMENT + OF INTERNATIONAL STANDARDS FOR EMERGING TECHNOLOGIES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Director of the National Institute of +Standards and Technology shall enter into an agreement with an +appropriate non-governmental entity with relevant expertise, as +determined by the Director, to conduct a study and make recommendations +with respect to the impact of the policies of the People's Republic of +China and coordination among industrial entities within the People's +Republic of China on international bodies engaged in developing and +setting international standards for emerging technologies. The study +may include-- + (1) an assessment of how the role of the People's Republic + of China in international standards setting organizations has + grown over the previous 10 years, including in leadership roles + in standards-drafting technical committees, and the quality or + value of that participation; + (2) an assessment of the impact of the standardization + strategy of the People's Republic of China, as identified in + the ``Chinese Standard 2035'' on international bodies engaged + in developing and setting standards for select emerging + technologies, such as advanced communication technologies or + cloud computing and cloud services; + (3) an examination of whether international standards for + select emerging technologies are being designed to promote + interests of the People's Republic of China that are expressed + in the ``Made in China 2025'' plan to the exclusion of other + participants; + (4) an examination of how the previous practices that the + People's Republic of China has utilized while participating in + international standards setting organizations may foretell how + the People's Republic of China will engage in international + standardization activities of critical technologies like + artificial intelligence and quantum information science, and + what may be the consequences; + (5) recommendations on how the United States can take steps + to mitigate influence of the People's Republic of China and + bolster United States public and private sector participation + in international standards-setting bodies; and + (6) any other areas the Director, in consultation with the + entity selected to conduct the study, believes is important to + address. + (b) Report to Congress.--The agreement entered into under +subsection (a) shall require the entity conducting the study to, not +later than 2 years after the date of the enactment of this Act-- + (1) submit to the Committee on Science, Space, and + Technology of the House of Representatives and the Committee on + Commerce, Science, and Transportation of the Senate a report + containing the findings and recommendations of the review + conducted under subsection (a); and + (2) make a copy of such report available on a publicly + accessible website. + +SEC. 1706. SENSE OF CONGRESS AND STRATEGY ON CATASTROPHIC CRITICAL + INFRASTRUCTURE FAILURE RESPONSE. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the occurrence of a catastrophic critical + infrastructure failure event, in which key networks + facilitating the delivery of essential services such as + electricity, water, or communications fail for an extended + duration, would constitute a significant threat to the national + security and common welfare of the United States; + (2) such a catastrophic critical infrastructure failure + event could occur by various means, including but not limited + to those linked to natural phenomenon (including earthquakes, + hurricanes, or geomagnetic disturbances) or military conflict + (including cyberattacks, electromagnetic pulse effects, or + kinetic assault); and + (3) the Department of the Defense should strengthen its + preparedness for catastrophic critical infrastructure failure + events, including with respect to preemptive infrastructure + enhancements, the facilitation of resiliency and relief efforts + in the aftermath thereto, and the mitigation of impacts of such + an event on activities of the Department. + (b) Strategy.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a report that + includes an analysis of each of the following: + (A) Particular threat scenarios involving + catastrophic critical infrastructure failure events + which the Secretary believes could be adequately + addressed by existing Department of Defense plans and + resources. + (B) Particular threat scenarios involving + catastrophic critical infrastructure failure events + which the Secretary believes could not currently be + adequately addressed by existing Department of Defense + plans and resources. + (C) Unique challenges, with respect to activities + and operations of the Department of Defense, presented + by catastrophic critical infrastructure failure events + involving geomagnetic disturbance or electromagnetic + pulse events. + (D) Strategies to increase future preparedness with + respect to any threat scenarios identified pursuant to + subparagraph (B). + (2) Form.--The report under paragraph (1) may be submitted + in classified form, but if so submitted, shall be accompanied + by an unclassified summary. + +SEC. 1707. GAO STUDY ON THE SCHOOL-TO-PRISON PIPELINE. + + (a) In General.--The Comptroller General of the United States shall +conduct a study on the school to prison pipeline in order to-- + (1) highlight this issue; + (2) offer proof of concept to States that evidence-based + interventions, such as restorative practices, are-- + (A) more effective than punitive, exclusionary + measures; + (B) improve student achievement; and + (C) enhance public safety and student-well-being; + and + (3) determine the long-term benefits of replacing a + punitive approach to discipline with restorative practices in + schools, by analyzing the potential savings generated by + helping children stay in school and out of the criminal justice + system. + (b) Cost-Benefit Analysis.--The study conducted under subsection +(a) shall include a cost-benefit analysis to determine the +effectiveness and impact of school resource officers and local law +enforcement personnel on school climate and student discipline. + (c) Report.--Upon the conclusion of the study under subsection (a), +the Comptroller General of the United States shall prepare and submit +to Congress a report regarding the study and the conclusions and +recommendations generated from the study. + +SEC. 1708. DEPARTMENT OF VETERANS AFFAIRS REPORT ON UNCLAIMED PROPERTY. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall submit +to Congress a report on the unclaimed property in the possession of the +Department of Veterans Affairs. + (b) Review of Report.--The Comptroller General of the United States +shall conduct a review of the report submitted under subsection (a). + (c) Unclaimed Property Defined.--The term ``unclaimed property'' +includes any intangible personal property, including money, liquidated +obligations, choses in action, accounts, entrusted funds, deposits, +evidences of debt or instruments held by any Federal agency, officer or +employee thereof (except bonuses, gratuities, and sums held by the +Social Security Administration), which has remained unclaimed by the +owner. + +SEC. 1709. REPORT REGARDING VETERANS WHO RECEIVE BENEFITS UNDER LAWS + ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. + + (a) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall publish +a report regarding veterans who receive benefits under laws +administered by the Secretary, including the Transition Assistance +Program under sections 1142 and 1144 of title 10, United States Code. + (b) Data.--The data regarding veterans published in the report +under subsection (a)-- + (1) shall be disaggregated by-- + (A) sex; + (B) sexual orientation; + (C) gender identity; + (D) minority group member status; and + (E) minority group member status listed by sex; and + (2) may not include any personally identifiable + information. + (c) Matters Included.--The report under subsection (a) shall +include-- + (1) identification of any disparities in the use of + benefits under laws administered by the Secretary; + (2) an analysis of the cause of such disparities, and + recommendations to address such disparities; and + (3) identification of veterans who are determined to be + ineligible for benefits due to discharge status. + (d) Minority Group Member Defined.--In this section, the term +``minority group member'' has the meaning given that term in section +544 of title 38, United States Code. + +SEC. 1710. GAO REPORT ON ZTE COMPLIANCE WITH SETTLEMENT AGREEMENT. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to Congress a report on the compliance of Zhongxing +Telecommunications Equipment Corporation and ZTE Kangxun +Telecommunications Ltd. (collectively referred to in this section as +``ZTE'') with the Superseding Settlement Agreement and Superseding +Order reached with the Department of Commerce on June 8, 2018 (in this +section referred to as the ``agreement''). + (b) Matters To Be Included.--The report required by subsection (a) +shall include a comprehensive analysis of the following: + (1) The level of compliance by ZTE, past and present, with + the obligations of ZTE under the agreement. + (2) The transparency and candor of ZTE in representing such + level of compliance. + (3) Efforts by the United States Government to monitor, + report on, and ensure compliance by ZTE with the agreement. + (4) Whether any actions taken by ZTE since June 8, 2018, + constitute a material breach of the obligations of ZTE under + the agreement. + (5) Recommended courses of action for the United States + Government to improve compliance by ZTE with the agreement or + to respond to a material breach of the obligations of ZTE under + the agreement. + +SEC. 1710A. GAO STUDY OF CYBERSECURITY INSURANCE. + + (a) Study.--The Comptroller General of the United States shall +conduct a study to assess and analyze the state and availability of +insurance coverage in the United States for cybersecurity risks, which +shall include-- + (1) identifying the number and dollar volume of cyber + insurance policies currently in force and the percentage of + businesses, and specifically small businesses, that have cyber + insurance coverage; + (2) assessing the extent to which States have established + minimum standards for the scope of cyber insurance policies; + and + (3) identifying any barriers to modeling and underwriting + cybersecurity risks. + (b) Report.--Not later than the expiration of the 180-day period +beginning on the date of the enactment of this Act, the Comptroller +General shall submit a report to the Congress setting forth the +findings and conclusions of the study conducted pursuant to subsection +(a), which shall include recommendations on whether or not Federal +intervention would help facilitate the growth and development of +insurers offering coverage for cybersecurity risks, the availability +and affordability of such coverage, and policyholder education +regarding such coverage. + +SEC. 1710B. REPORT ON RECOGNITION OF AFRICAN AMERICAN SERVICEMEMBERS IN + DEPARTMENT OF DEFENSE NAMING PRACTICES. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report containing the following information: + (1) A description of current Department of Defense naming + conventions for military installations, infrastructure, + vessels, and weapon systems. + (2) A list of all military installations (including reserve + component facilities), infrastructure (including reserve + component infrastructure), vessels, and weapon systems that are + currently named after African Americans who served in the Armed + Forces. + (3) An explanation of the steps being taken to recognize + the service of African Americans who have served in the Armed + Forces with honor, heroism, and distinction by increasing the + number of military installations, infrastructure, vessels, and + weapon systems named after deserving African American members + of the Armed Forces. + +SEC. 1710C. REPORT ON GOVERNMENT POLICE TRAINING AND EQUIPPING + PROGRAMS. + + (a) Report.--Not later than 1 year after the date of the enactment +of this Act, the President shall submit to Congress a report on United +States Government police training and equipping programs outside the +United States. + (b) Elements.--The report required under paragraph (1) shall +include the following: + (1) A list of all United States Government departments and + agencies involved in implementing police training and equipping + programs. + (2) A description of the scope, size, and components of all + police training and equipping programs for fiscal years 2023, + 2024, and 2025, including, for each such program-- + (A) the name of each country that received + assistance under the program; + (B) for each training activity, the number of + foreign personnel provided training, their units of + operation, location of the training, cost of the + activity, the United States unit involved, and the + nationality and unit of non-United States training + personnel, if any, involved in each activity; + (C) the purpose and objectives of the program; + (D) the funding and personnel levels for the + program in each such fiscal year; + (E) the authority under which the program is + conducted; + (F) the name of the United States Government + department or agency with lead responsibility for the + program and the mechanisms for oversight of the + program; and + (G) the metrics for measuring the results of the + program. + (3) An assessment of the requirements for police training + and equipping programs, and what changes, if any, are required + to improve the capacity of the United States Government to meet + such requirements. + (4) An evaluation of the appropriate role of United States + Government departments and agencies in coordinating on and + carrying out police training and equipping programs. + (5) An evaluation of the appropriate role of contractors in + carrying out police training and equipping programs, and what + modifications, if any, are needed to improve oversight of such + contractors. + (6) Recommendations for legislative modifications, if any, + to existing authorities relating to police training and + equipping programs. + (c) Form of Report.--The report required under this section shall +be submitted in unclassified form, but may include a classified annex. + (d) Public Availability Internet.--All unclassified portions of the +report required under this section shall be made publicly available on +an appropriate internet website. + (e) Definition.--In this section, the term ``police'' includes +national police, gendarmerie, counter-narcotics police, +counterterrorism police, formed police units, border security, and +customs. + +SEC. 1710D. DEEPFAKE REPORT. + + (a) Definitions.--In this section: + (1) Digital content forgery.--The term ``digital content + forgery'' means the use of emerging technologies, including + artificial intelligence and machine learning techniques, to + fabricate or manipulate audio, visual, or text content with the + intent to mislead. + (2) Secretary.--The term ``Secretary'' means the Secretary + of Homeland Security. + (b) Reports on Digital Content Forgery Technology.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act and annually thereafter for 5 years, the + Secretary, acting through the Under Secretary for Science and + Technology of the Department of Homeland Security, and with + respect to subparagraphs (F) through (H) of paragraph (2), in + consultation with the Director of National Intelligence, shall + research the state of digital content forgery technology and + produce a report on such technology. + (2) Contents.--Each report produced under paragraph (1) + shall include the following: + (A) An assessment of the underlying technologies + used to create or propagate digital content forgeries, + including the evolution of such technologies. + (B) A description of the types of digital content + forgeries, including those used to commit fraud, cause + harm, or violate civil rights recognized under Federal + law. + (C) An assessment of how foreign governments, and + the proxies and networks thereof, use, or could use, + digital content forgeries to harm national security. + (D) An assessment of how non-governmental entities + in the United States use, or could use, digital content + forgeries. + (E) An assessment of the uses, applications, + dangers, and benefits, including the impact on + individuals, of deep learning technologies used to + generate high fidelity artificial content of events + that did not occur. + (F) An analysis of the methods used to determine + whether content is genuinely created by a human or + through digital content forgery technology, and an + assessment of any effective heuristics used to make + such a determination, as well as recommendations on how + to identify and address suspect content and elements to + provide warnings to users of such content. + (G) A description of the technological + countermeasures that are, or could be, used to address + concerns with digital content forgery technology. + (H) Proposed research and development activities + for the Science and Technology Directorate of the + Department of Homeland Security to undertake related to + the identification of forged digital content and + related countermeasures. + (I) Any additional information the Secretary + determines appropriate. + (3) Consultation and public hearings.--In producing each + report required under paragraph (1), the Secretary may-- + (A) consult with any other agency of the Federal + Government that the Secretary considers necessary; and + (B) conduct public hearings to gather, or otherwise + allow interested parties an opportunity to present, + information and advice relevant to the production of + the report. + (4) Form of report.--Each report required under paragraph + (1) shall be produced in unclassified form, but may contain a + classified annex. + (5) Applicability of foia.--Nothing in this section, or in + a report produced under this section, may be construed to allow + the disclosure of information or a record that is exempt from + public disclosure under section 552 of title 5, United States + Code (commonly known as the ``Freedom of Information Act''). + (6) Applicability of the paperwork reduction act.-- + Subchapter I of chapter 35 of title 44, United States Code + (commonly known as the ``Paperwork Reduction Act''), shall not + apply to this section. + +SEC. 1710E. STUDY ON UNEMPLOYMENT RATE OF WOMEN VETERANS WHO SERVED ON + ACTIVE DUTY IN THE ARMED FORCES AFTER SEPTEMBER 11, 2001. + + (a) Study.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Veterans Affairs, + in consultation with the Bureau of Labor Statistics of the + Department of Labor, shall conduct a study on why Post-9/11 + Veterans who are women are at higher risk of unemployment than + all other groups of women veterans and their non- veteran + counterparts. + (2) Conduct of study.-- + (A) In general.--The Secretary shall conduct the + study under paragraph (1) primarily through the Center + for Women Veterans under section 318 of title 38, + United States Code. + (B) Consultation.---In carrying out the study + conducted under paragraph (1), the Secretary may + consult with-- + (i) the Department of Labor; + (ii) other Federal agencies, such as the + Department of Defense, the Office of Personnel + Management, and the Small Business + Administration; + (iii) foundations; and + (iv) entities in the private sector. + (3) Elements of study.--The study conducted under paragraph + (1) shall include, with respect to Post-9/11 Veterans who are + women, at a minimum, an analysis of the following: + (A) Rank at time of separation from the Armed + Forces. + (B) Geographic location upon such separation. + (C) Educational level upon such separation. + (D) The percentage of such veterans who enrolled in + an education or employment training program of the + Department of Veterans Affairs or the Department of + Labor after such separation. + (E) Industries that have employed such veterans. + (F) Military occupational specialties available to + such veterans. + (G) Barriers to employment of such veterans. + (H) Causes to fluctuations in employment of such + veterans. + (I) Current employment training programs of the + Department of Veterans Affairs or the Department of + Labor that are available to such veterans. + (J) Economic indicators that impact unemployment of + such veterans. + (K) Health conditions of such veterans that could + impact employment. + (L) Whether there are differences in the analyses + conducted under subparagraphs (A) through (K) based on + the race of such veteran. + (M) The difference between unemployment rates of + Post-9/11 Veterans who are women compared to + unemployment rates of Post-9/11 Veterans who are men, + including an analysis of potential causes of such + difference. + (b) Report.-- + (1) In general.--Not later than 90 days after completing + the study under subsection (a), the Secretary shall submit to + the Committee on Veterans' Affairs of the Senate and the + Committee on Veterans' Affairs of the House of Representatives + a report on such study. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) The analyses conducted under subsection (a)(3). + (B) A description of the methods used to conduct + the study under subsection (a). + (C) Such other matters relating to the unemployment + rates of Post-9/11 Veterans who are women as the + Secretary considers appropriate. + (c) Post-9/11 Veteran Defined.--In this section, the term ``Post-9/ +11 Veteran''' means a veteran who served on active duty in the Armed +Forces on or after September 11, 2001. + +SEC. 1710F. REPORT ON THE OKLAHOMA CITY NATIONAL MEMORIAL. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Interior shall submit to Congress a report +containing the following information: + (1) A description of the current status of the Oklahoma + City National Memorial, an affiliated site of the National Park + System. + (2) A summary of non-Federal funding that has been raised + in accordance with section 7(2) of the Oklahoma City National + Memorial Act of 1997 (16 U.S.C. 450ss-5(2)). + +SEC. 1710G. REPORTS ON MILITARY SERVICE ACADEMIES. + + Not later than 180 days after the date of the enactment of this +Act, the superintendent of each military service academy shall submit +to the Secretary of Defense and the congressional defense committees a +report that includes, with respect to the academy overseen by the +superintendent, the following: + (1) Anonymized equal opportunity claims and determinations + involving the academy over the past 20 years. + (2) Results of a climate survey of cadets or midshipmen (as + the case may be) conducted by an external entity. + (3) A review of educational and extracurricular instruction + at the academy, including-- + (A) a review of courses to ensure the inclusion of + minority communities in authorship and course content; + and + (B) a review of faculty and staff demographics to + determine diversity recruitment practices at the + academy. + +SEC. 1710H. INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING THREATS + THAT INDIVIDUALLY OR COLLECTIVELY AFFECT NATIONAL + SECURITY, FINANCIAL SECURITY, OR BOTH. + + (a) Independent Study.--Not later than 30 days after the date of +the enactment of this Act, the Director of National Intelligence, in +coordination with the Secretary of the Treasury in the Secretary's +capacity as the Chair of the Financial Stability Oversight Council and +the heads of other relevant departments and agencies, shall seek to +enter into a contract with a federally funded research and development +center under which the center will conduct a study on identifying and +addressing threats that individually or collectively affect national +security, financial security, or both. + (b) Elements of Study.--In carrying out the study referred to in +subsection (a), the selected Federally funded research and development +center shall be contractually obligated to-- + (1) identify threats that individually or collectively + affect national security, financial security, or both, + including-- + (A) foreign entities and governments acquiring + financial interests in domestic companies that have + access to critical or sensitive national security + materials, technologies, or information; + (B) other currencies being used in lieu of the + United States Dollar in international transactions; + (C) foreign influence in companies seeking to + access capital markets by conducting initial public + offerings in other countries; + (D) the use of financial instruments, markets, + payment systems, or digital assets in ways that appear + legitimate but may be part of a foreign malign strategy + to weaken or undermine the economic security of the + United States; + (E) the use of entities, such as corporations, + companies, limited liability companies, limited + partnerships, business trusts, business associations, + or other similar entities to obscure or hide the + foreign beneficial owner of such entities; and + (F) any other known or potential threats that + individually or collectively affect national security, + financial security, or both currently or in the + foreseeable future. + (2) assess the extent to which the United States Government + is currently able to identify and characterize the threats + identified under paragraph (1); + (3) assess the extent to which the United States Government + is currently able to mitigate the risk posed by the threats + identified under paragraph (1); + (4) assess whether current levels of information sharing + and cooperation between the United States Government and allies + and partners has been helpful or can be improved upon in order + for the United States Government to identify, characterize, and + mitigate the threats identified under paragraph (1); and + (5) recommend opportunities, and any such authorities or + resources required, to improve the efficiency and effectiveness + of the United States Government in identifying the threats + identified under paragraph (1) and mitigating the risk posed by + such threats. + (c) Submission to Director of National Intelligence.--Not later +than 180 days after the date of the enactment of this Act, the +federally funded research and development center selected to conduct +the study under subsection (a) shall submit to the Director of National +Intelligence a report on the results of the study in both classified +and unclassified form. + (d) Submission to Congress.-- + (1) In general.--Not later than 30 days after the date on + which the Director of National Intelligence receives the report + under subsection (c), the Director shall submit to the + appropriate committees of Congress an unaltered copy of the + report in both classified and unclassified form, and such + comments as the Director, in coordination with the Secretary of + Treasury in his capacity as the Chair of the Financial + Stability Oversight Council and the heads of other relevant + departments and agencies, may have with respect to the report. + (2) Appropriate committees of congress.--In this + subsection, the term ``appropriate committees of Congress'' + means-- + (A) the Committee on Armed Services, the Select + Committee on Intelligence, and the Committee on + Banking, Housing, and Urban Affairs, the Committee on + Foreign Relations, and the Committee on Appropriations + of the Senate; and + (B) the Committee on Armed Services, the Permanent + Select Committee on Intelligence, and the Committee on + Financial Services, the Committee on Foreign Affairs, + and the Committee on Appropriations of the House of + Representatives. + +SEC. 1710I. MARITIME SECURITY AND DOMAIN AWARENESS. + + (a) Progress Report on Maritime Security.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense, in + coordination with the Secretary of State, the Secretary of the + Department in which the Coast Guard is operating, and the heads + of other appropriate Federal agencies, shall submit to the + congressional defense committees a report on the steps taken + since December 20, 2019, to make further use of the following + mechanisms to combat IUU fishing: + (A) Inclusion of counter-IUU fishing in existing + shiprider agreements to which the United States is a + party. + (B) Entry into shiprider agreements that include + counter-IUU fishing with priority flag states and + countries in priority regions with which the United + States does not already have such agreements. + (C) Inclusion of counter-IUU fishing in the mission + of the Combined Maritime Forces. + (D) Inclusion of counter-IUU fishing exercises in + the annual at-sea exercises conducted by the Department + of Defense, in coordination with the United States + Coast Guard. + (E) Development of partnerships similar to the + Oceania Maritime Security Initiative and the Africa + Maritime Law Enforcement Partnership in other priority + regions. + (2) Element.--The report required by paragraph (1) shall + include a description of specific steps taken by the Secretary + of the Navy with respect to each mechanism described in + paragraph (1), including a detailed description of any security + cooperation engagement undertaken to combat IUU fishing by such + mechanisms and resulting coordination between the Department of + the Navy and the Coast Guard. + (b) Assessment of Service Coordination on Maritime Domain +Awareness.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of the Navy shall + enter into an agreement with the Secretary of the department in + which the Coast Guard is operating, in consultation with the + Secretary of Commerce, to assess the available commercial + solutions for collecting, sharing, and disseminating among + United States maritime services and partner countries maritime + domain awareness information relating to illegal maritime + activities, including IUU fishing. + (2) Elements.--The assessment carried out pursuant to an + agreement under paragraph (1) shall-- + (A) build on the ongoing Coast Guard assessment + related to autonomous vehicles; + (B) consider appropriate commercially and + academically available technological solutions; and + (C) consider any limitation related to + affordability, exportability, maintenance, and + sustainment requirements and any other factor that may + constrain the suitability of such solutions for use in + a joint and combined environment, including the + potential provision of such solutions to one or more + partner countries. + (3) Submittal to congress.--Not later than 1 year after + entering into an agreement under paragraph (1), the Secretary + of the Navy shall submit to the Committee on Armed Services, + the Committee on Commerce, Science, and Transportation, and the + Committee on Appropriations of the Senate and the Committee on + Armed Services, the Committee on Natural Resources, the + Committee on Transportation and Infrastructure, the Committee + on Foreign Affairs, and the Committee on Appropriations of the + House of Representatives the assessment prepared in accordance + with the agreement. + (c) Report on Use of Fishing Fleets by Foreign Governments.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Director of the Office of Naval + Intelligence shall submit to the Committee on Armed Services, + the Committee on Commerce, Science, and Transportation, and the + Committee on Appropriations of the Senate and the Committee on + Armed Services, the Committee on Natural Resources, the + Committee on Transportation and Infrastructure, the Committee + on Foreign Affairs, and the Committee on Appropriations of the + House of Representatives a report on the use by governments of + foreign countries of distant-water fishing fleets as extensions + of the official maritime security forces of such countries. + (2) Element.--The report required by paragraph (1) shall + include the following: + (A) An analysis of the manner in which fishing + fleets are leveraged in support of the naval operations + and policies of foreign countries more generally. + (B) A consideration of-- + (i) threats posed, on a country-by-country + basis, to the fishing vessels and other vessels + of the United States and partner countries; + (ii) risks to Navy and Coast Guard + operations of the United States, and the naval + and coast guard operations of partner + countries; and + (iii) the broader challenge to the + interests of the United States and partner + countries. + (3) Form.--The report required by paragraph (1) shall be in + unclassified form, but may include a classified annex. + (d) Definitions.--In this section, any term that is also used in +the Maritime SAFE Act (Public Law 116-92) shall have the meaning given +such term in that Act. + +SEC. 1710J. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE + PROCESSES FOR RESPONDING TO CONGRESSIONAL REPORTING + REQUIREMENTS. + + (a) Comptroller General Analysis.--Not later than 1 year after the +date of the enactment of this Act, the Comptroller General of the +United States shall submit to the Committees on Armed Services of the +Senate and House of Representatives a report containing an analysis of +Department of Defense processes for responding to congressional +reporting requirements in the annual National Defense Authorization +Acts, or the accompanying committee reports. + (b) Criteria for Evaluation.--The analysis required under +subsection (a) shall include an evaluation of funding and changes to +policies and business practices by the Department for improving the +effectiveness, efficiency, and public transparency of the Department's +compliance with congressional reporting requirements. + (c) Contents of Report.--The report required by subsection (a) +shall include each of the following: + (1) A description of-- + (A) current laws, guidance, policies for Department + of Defense compliance with congressional oversight + reporting requirements; and + (B) recent direction from the congressional defense + committees for the Department concerning how it + designs, modifies, tracks, delivers, and inventories + completed reports. + (2) A review and evaluation of the cost and effectiveness + of-- + (A) the methods the Department of Defense uses to + track and respond to reporting requirements; and + (B) the ways in which the Department of Defense + ensures suitability of content and timeliness. + (3) An analysis of options for modernizing the preparation + and delivery process for reports that includes-- + (A) the coordination of Department of Defense + business practices and internal policies with + legislative processes; and + (B) a determination of the feasibility of + maintaining a congressional tracking database that + makes unclassified reports publicly available in a + searchable online database that identifies, for each + report included in the database-- + (i) the deadline on which the required + report was required to be submitted; + (ii) the date on which the report was + received; + (iii) the classification level of the + completed report; + (iv) the form in which the report was + submitted; + (v) the standard legislative citation and + hyperlink to original legislative language that + required the report; + (vi) the total cost associated with the + report; + (vii) a brief summary of the report; + (viii) a unique identifier for the report; + and + (ix) the subject and sub-subject codes + associated with the report. + +SEC. 1710K. REPORT ON PREDATORY SOCIAL MEDIA AND THE MILITARY + COMMUNITY. + + (a) In General.--The Comptroller General of the United States shall +submit to Congress a report on risks facing service members, military +families, and separated veterans on social media. + (b) Contents.--The report required under subsection (a) shall +include an analysis of the following: + (1) Content related to predatory loans or financial or + educational products. + (2) Content related unproven or unnecessary medical + treatments or procedures. + (3) Content related to ethnic or racial violent extremism. + (4) The risks to readiness, morale, and national security + posed by such content. + (5) The ways in which social media algorithms may amplify + such content. + (6) The steps taken by social media companies and executive + agencies to address the risks posed by the content described in + paragraphs (1), (2), and (3). + (c) Form.--The report required under subsection (a) shall be +submitted in an unclassified form but may include a classified annex. + (d) Executive Agency Defined.--In this section, the term +``executive agency'' means an executive department or independent +establishment in the executive branch of the Federal Government. + +SEC. 1710L. REPORT ON TRANSFORMING BUSINESS PROCESSES FOR REVOLUTIONARY + CHANGE. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on the efforts of the +Secretary to implement the recommendations set forth in the study +conducted by the Defense Business Board titled ``Transforming +Department of Defense's Core Business Processes for Revolutionary +Change''. + (b) Elements.--The report required under subsection (a) shall +include-- + (1) a description of the actions carried out by the + Secretary of Defense to implement the recommendations set forth + in the study described in subsection (a); + (2) identification of the specific recommendations, if any, + that have been implemented by the Secretary; + (3) the amount of any cost savings achieved as a result of + implementing such recommendations; + (4) identification of any recommendations that have not + been implemented; and + (5) alternative recommendations that may help the + Department of Defense achieve $125,000,000,000 in cost savings + over the period of 5 fiscal years beginning after the year in + which the report is submitted. + +SEC. 1710M. REVIEW AND REPORT OF EXPERIMENTATION WITH TICKS AND + INSECTS. + + (a) Review.--The Comptroller General of the United States shall +conduct a review of whether the Department of Defense experimented with +ticks, other insects, airborne releases of tick-borne bacteria, +viruses, pathogens, or any other tick-borne agents regarding use as a +biological weapon between the years of 1950 and 1977. + (b) Report.--If the Comptroller General of the United States finds +that any experiment described under subsection (a) occurred, the +Comptroller General shall submit to the Committees on Armed Services of +the House of Representatives and the Senate a report on-- + (1) the scope of such experiment; and + (2) whether any ticks, insects, or other vector-borne + agents used in such experiment were released outside of any + laboratory by accident or experiment design. + +SEC. 1710N. REPORT ON AGILE PROGRAM AND PROJECT MANAGEMENT. + + (a) Report.--Not later than 1 year after the date of the enactment +of this Act, the Comptroller General of the United States shall submit +to the Committee on Armed Services of the Senate and the Committee on +Armed Services of the House of Representatives a publicly available +report on agile program and project management within the Department of +Defense. The report shall include the following: + (1) A review of all statutory provisions enabling the use + of agile program and project management within the Department + of Defense. + (2) An evaluation of the implementation of statutory + provisions enabling the use of agile program and project + management within the Department of Defense and Armed Forces. + (3) An evaluation of the agile program and project + methodologies used within the Department of Defense and Armed + Forces. + (4) An evaluation of the how agile program and project + methodologies have enabled efforts to prepare the Department of + Defense and Armed Forces for the future of work. + (5) An evaluation of the enterprise scalability of the + agile program and project methodologies used within the + Department of Defense and Armed Forces, including how well + agile methods are integrated into the enterprise when used at + scale. + (6) An analysis of the impediments to the further adoption + and enterprise scalability of agile program and project + management including statutory impediments, as well as existing + policy, guidance, and instruction of the Department of Defense + and Armed Forces. + (7) An analysis of the impact of further adoption and + enterprise scalability of agile program and project management + on the future of work within the Department of Defense and + Armed Forces. + (8) Such other information as the Comptroller General + determines appropriate. + (b) Interim Briefing.--Not later than March 1, 2021, the +Comptroller General shall provide to the Committee on Armed Services of +the Senate and the Committee on Armed Services of the House of +Representatives a briefing on the topics to be covered by the report +under subsection (a), including and preliminary data and any issues or +concerns of the Comptroller General relating to the report. + (c) Access to Relevant Data.--For purposes of this section, the +Secretary of Defense shall ensure that the Comptroller General has +access to all relevant data. + + Subtitle B--Electronic Message Preservation + +SEC. 1711. SHORT TITLE. + + This subtitle may be cited as the ``Electronic Message Preservation +Act''. + +SEC. 1712. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS. + + (a) Requirement for Preservation of Electronic Messages.--Chapter +29 of title 44, United States Code, is amended by adding at the end the +following new section: +``Sec. 2912. Preservation of electronic messages and other records + ``(a) Regulations Required.--The Archivist shall promulgate +regulations governing Federal agency preservation of electronic +messages that are determined to be records. Such regulations shall, at +a minimum-- + ``(1) require the electronic capture, management, and + preservation of such electronic records in accordance with the + records disposition requirements of chapter 33; + ``(2) require that such electronic records are readily + accessible for retrieval through electronic searches; and + ``(3) include timelines for Federal agency implementation + of the regulations that ensure compliance as expeditiously as + practicable. + ``(b) Ensuring Compliance.--The Archivist shall promulgate +regulations that-- + ``(1) establish mandatory minimum functional requirements + for electronic records management systems to ensure compliance + with the requirements in paragraphs (1) and (2) of subsection + (a); and + ``(2) establish a process to ensure that the electronic + records management system of each Federal agency meets the + functional requirements established under paragraph (1). + ``(c) Coverage of Other Electronic Records.--To the extent +practicable, the regulations promulgated under subsections (a) and (b) +shall also include requirements for the capture, management, and +preservation of other electronic records. + ``(d) Compliance by Federal Agencies.--Each Federal agency shall +comply with the regulations promulgated under subsections (a) and (b). + ``(e) Review of Regulations Required.--The Archivist shall +periodically review and, as necessary, amend the regulations +promulgated under subsections (a) and (b).''. + (b) Deadline for Regulations.-- + (1) Preservation of electronic messages.--Not later than + 120 days after the date of the enactment of this Act, the + Archivist shall promulgate the regulations required under + section 2912(a) of title 44, United States Code, as added by + subsection (a). + (2) Ensuring compliance.--Not later than 2 years after the + date of the enactment of this Act, the Archivist shall + promulgate the regulations required under section 2912(b) of + title 44, United States Code, as added by subsection (a). + (c) Reports on Implementation of Regulations.-- + (1) Agency report to archivist.--Not later than 1 year + after the date of the enactment of this Act, the head of each + Federal agency shall submit to the Archivist a report on the + agency's compliance with the regulations promulgated under + section 2912 of title 44, United States Code, as added by + subsection (a), and shall make the report publicly available on + the website of the agency. + (2) Archivist report to congress.--Not later than 90 days + after receipt of all reports required by paragraph (1), the + Archivist shall submit to the Committee on Homeland Security + and Governmental Affairs of the Senate and the Committee on + Oversight and Reform of the House of Representatives a report + on Federal agency compliance with the regulations promulgated + under section 2912(a) of title 44, United States Code, as added + by subsection (a), and shall make the report publicly available + on the website of the agency. + (3) Federal agency defined.--In this subsection, the term + ``Federal agency'' has the meaning given that term in section + 2901 of title 44, United States Code. + (d) Clerical Amendment.--The table of sections at the beginning of +chapter 29 of title 44, United States Code, is amended by adding after +the item relating to section 2911 the following new item: + + ``2912. Preservation of electronic messages and other + records.''. + (e) Definitions.--Section 2901 of title 44, United States Code, is +amended-- + (1) by striking ``and'' at the end of paragraph (14); and + (2) by striking paragraph (15) and inserting the following + new paragraphs: + ``(15) the term `electronic messages' means electronic mail + and other electronic messaging systems that are used for + purposes of communicating between individuals; and + ``(16) the term `electronic records management system' + means software designed to manage electronic records, including + by-- + ``(A) categorizing and locating records; + ``(B) ensuring that records are retained as long as + necessary; + ``(C) identifying records that are due for + disposition; and + ``(D) ensuring the storage, retrieval, and + disposition of records.''. + +SEC. 1713. PRESIDENTIAL RECORDS. + + (a) Additional Regulations Relating to Presidential Records.-- + (1) In general.--Section 2206 of title 44, United States + Code, is amended-- + (A) by striking ``and'' at the end of paragraph + (3); + (B) by striking the period at the end of paragraph + (4) and inserting ``; and''; and + (C) by adding at the end the following: + ``(5) provisions for establishing standards necessary for + the economical and efficient management of electronic + Presidential records during the President's term of office, + including-- + ``(A) records management controls necessary for the + capture, management, and preservation of electronic + messages; + ``(B) records management controls necessary to + ensure that electronic messages are readily accessible + for retrieval through electronic searches; and + ``(C) a process to ensure the electronic records + management system to be used by the President for the + purposes of complying with the requirements in + subparagraphs (A) and (B).''. + (2) Definitions.--Section 2201 of title 44, United States + Code, is amended by adding at the end the following new + paragraphs: + ``(6) The term `electronic messages' has the meaning given + that term under section 2901(15). + ``(7) The term `electronic records management system' has + the meaning given that term under section 2901(16).''. + (b) Certification of President's Management of Presidential +Records.-- + (1) Certification required.--Chapter 22 of title 44, United + States Code, is amended by adding at the end the following new + section: +``Sec. 2210. Certification of the President's management of + Presidential records + ``(a) Annual Certification.--The Archivist shall annually certify +whether the electronic records management controls established by the +President meet requirements under sections 2203(a) and 2206(5). + ``(b) Report to Congress.--The Archivist shall report annually to +the Committee on Homeland Security and Governmental Affairs of the +Senate and the Committee on Oversight and Reform of the House of +Representatives on the status of the certification.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 22 of title 44, United States Code, is + amended by adding at the end the following new item: + + ``2210. Certification of the President's management of + Presidential records.''. + (c) Report to Congress.--Section 2203(g) of title 44, United States +Code, is amended by adding at the end the following new paragraph: + ``(5) One year following the conclusion of a President's term of +office, or if a President serves consecutive terms 1 year following the +conclusion of the last term, the Archivist shall submit to the +Committee on Homeland Security and Governmental Affairs of the Senate +and the Committee on Oversight and Reform of the House of +Representatives a report on-- + ``(A) the volume and format of electronic Presidential + records deposited into that President's Presidential archival + depository; and + ``(B) whether the electronic records management controls of + that President met the requirements under sections 2203(a) and + 2206(5).''. + (d) Effective Date.--The amendments made by this section shall take +effect 1 year after the date of the enactment of this Act. + + Subtitle C--Space Technology Advancement Report (STAR) Act of 2020 + +SEC. 1721. SHORT TITLE. + + This subtitle may be cited as the ``Space Technology Advancement +Report (STAR) Act of 2020''. + +SEC. 1722. FINDINGS. + + Congress finds the following: + (1) As stated in the United States-China Economic and + Security Commission's 2019 Report to Congress, the United + States retains many advantages over the People's Republic of + China (PRC) in space, including-- + (A) the organization and technical expertise of its + space program; + (B) the capabilities of the National Aeronautics + and Space Administration for human spaceflight and + exploration; + (C) its vibrant commercial space sector; + (D) its long history of space leadership; and + (E) many international partnerships. + (2) The PRC seeks to establish a leading position in the + economic and military use of outer space and views space as + critical to its future security and economic interests. + (3) The PRC's national-level commitment to establishing + itself as a global space leader harms United States interests + and threatens to undermine many of the advantages the United + States has worked so long to establish. + (4) For over 60 years, the United States has led the world + in space exploration and human space flight through a robust + national program that ensures NASA develops and maintains + critical spaceflight systems to enable this leadership, + including the Apollo program's Saturn V rocket, the Space + Shuttle, the International Space Station and the Space Launch + System and Orion today. + (5) The Defense Intelligence Agency noted in its 2019 + ``Challenges to U.S. Security in Space'' report that the PRC + was developing a national super-heavy lift rocket comparable to + NASA's Space Launch System. + (6) The United States space program and commercial space + sector risks being hollowed out by the PRC's plans to attain + leadership in key technologies. + (7) It is in the economic and security interest of the + United States to remain the global leader in space power. + (8) A recent report by the Air Force Research Laboratory + and the Defense Innovation Unit found that China's strategy to + bolster its domestic space industry includes a global program + of theft and other misappropriation of intellectual property, + direct integration of state-owned entities and their technology + with commercial start-ups, the use of front companies to invest + in United States space companies, vertical control of supply + chains, and predatory pricing. + (9) The United States Congress passed the Wolf Amendment as + part of the Fiscal Year 2012 Consolidated and Further + Continuing Appropriations Act (Public Law 112-55) and every + year thereafter in response to the nefarious and offensive + nature of Chinese activities in the space industry. + +SEC. 1723. REPORT; STRATEGY. + + (a) Report.-- + (1) In general.--Not later than 1 year after the date of + enactment of this section, and annually thereafter in fiscal + years 2022 and 2023, the National Space Council shall submit to + the appropriate congressional committees an interagency + assessment of the ability of the United States to compete with + foreign space programs and in the emerging commercial space + economy. + (2) Content of report.--The report shall include + information on the following: + (A) An assessment of the human exploration and + spaceflight capabilities of the national space program + of the United States relative to national programs of + the PRC. + (B) An assessment of-- + (i) the viability of extraction of space- + based precious minerals, onsite exploitation of + space-based natural resources, and utilization + of space-based solar power; + (ii) the programs of the United States and + the PRC that are related to the issues + described in clause (i); and + (iii) any potential terrestrial or space + environmental impacts of space-based solar + power. + (C) An assessment of United States strategic + interests in or related to cislunar space. + (D) A comparative assessment of future United + States space launch capabilities and those of the PRC. + (E) The extent of foreign investment in the + commercial space sector of the United States, + especially in venture capital and other private equity + investments that seek to work with the Federal + Government. + (F) The steps by which the National Aeronautics and + Space Administration, the Department of Defense, and + other United States Federal agencies conduct the + necessary due diligence and security reviews prior to + investing in private space entities that may have + received funding from foreign investment. + (G) Current steps that the United States is taking + to identify and help mitigate threats to domestic space + industry from influence of the PRC. + (H) An assessment of the current ability, role, + costs, and authorities of the Department of Defense to + mitigate the threats of commercial communications and + navigation in space from the PRC's growing counterspace + capabilities, and any actions required to improve this + capability. + (I) An assessment of how the PRC's activities are + impacting United States national security, including-- + (i) theft by the PRC of United States + intellectual property through technology + transfer requirements or otherwise; and + (ii) efforts of the PRC to seize control of + critical elements of the United States space + industry supply chain and United States space + industry companies or sister companies with + shared leadership; and government cybersecurity + capabilities. + (J) An assessment of efforts of the PRC to pursue + cooperative agreements with other nations to advance + space development. + (K) Recommendations to Congress, including + recommendations with respect to-- + (i) any legislative proposals to address + threats by the PRC to the United States + national space programs as well as domestic + commercial launch and satellite industries; and + (ii) how the United States Government can + best utilize existing Federal entities to + investigate and prevent potentially harmful + investment by the PRC in the United States + commercial space industry. + (3) Form.--The report required under paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + (b) Strategy.-- + (1) In general.--Not later than 1 year after the submission + of the report required in subsection (a), the President, in + consultation with the National Space Council, shall develop and + submit to the appropriate congressional committees a strategy + to ensure the United States can-- + (A) compete with other national space programs; + (B) maintain leadership in the emerging commercial + space economy; + (C) identify market, regulatory, and other means to + address unfair competition from the PRC based on the + findings of in the report required in subsection (a); + (D) leverage commercial space capabilities to + ensure United States national security and the security + of United States interests in space; + (E) protect United States supply chains and + manufacturing critical to competitiveness in space; and + (F) coordinate with international allies and + partners in space. + (3) Form.--The strategy required under paragraph (1) shall + be submitted in unclassified form, but may include a classified + annex. + (c) Definitions.--In this section, the following definitions apply: + (1) Appropriate congressional committees of congress.--The + term ``appropriate congressional committees'' means-- + (A) the Committee on Armed services, the Committee + on Foreign Relations, and the Committee on Commerce, + Science, and Transportation of the Senate; and + (B) the Committee on Armed Services, the Committee + on Foreign Affairs, and the Committee on Science, + Space, and Technology of the House of Representatives. + (2) PRC.--The term ``PRC'' means the ``People's Republic of + China''. + + Subtitle D--AMBER Alert Nationwide + +SEC. 1731. COOPERATION WITH DEPARTMENT OF HOMELAND SECURITY. + + Subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et +seq.) is amended-- + (1) in section 301-- + (A) in subsection (b)-- + (i) in paragraph (1), by inserting + ``(including airports, maritime ports, border + crossing areas and checkpoints, and ports of + exit from the United States)'' after ``gaps in + areas of interstate travel''; and + (ii) in paragraphs (2) and (3), by + inserting ``, territories of the United States, + and tribal governments'' after ``States''; and + (B) in subsection (d), by inserting ``, the + Secretary of Homeland Security,'' after ``Secretary of + Transportation''; and + (2) in section 302-- + (A) in subsection (b), in paragraphs (2), (3), and + (4) by inserting ``, territorial, tribal,'' after + ``State''; and + (B) in subsection (c)-- + (i) in paragraph (1), by inserting ``, the + Secretary of Homeland Security,'' after + ``Secretary of Transportation''; and + (ii) in paragraph (2), by inserting ``, + territorial, tribal,'' after ``State''. + +SEC. 1732. AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES. + + (a) In General.--Section 303 of the PROTECT Act (34 U.S.C. 20503) +is amended-- + (1) in the section heading, by inserting ``and major + transportation routes'' after ``along highways''; + (2) in subsection (a)-- + (A) by inserting ``(referred to in this section as + the `Secretary')'' after ``Secretary of + Transportation''; and + (B) by inserting ``and at airports, maritime ports, + border crossing areas and checkpoints, and ports of + exit from the United States'' after ``along highways''; + (3) in subsection (b)-- + (A) in paragraph (1)-- + (i) by striking ``other motorist + information systems to notify motorists'' and + inserting ``other information systems to notify + motorists, aircraft passengers, ship + passengers, and travelers''; and + (ii) by inserting ``, aircraft passengers, + ship passengers, and travelers'' after + ``necessary to notify motorists''; and + (B) in paragraph (2)-- + (i) in subparagraph (A), by striking + ``other motorist information systems to notify + motorists'' and inserting ``other information + systems to notify motorists, aircraft + passengers, ship passengers, and travelers''; + (ii) in subparagraph (D), by inserting ``, + aircraft passengers, ship passengers, and + travelers'' after ``support the notification of + motorists''; + (iii) in subparagraph (E), by inserting ``, + aircraft passengers, ship passengers, and + travelers'' after ``motorists'', each place it + appears; + (iv) in subparagraph (F), by inserting ``, + aircraft passengers, ship passengers, and + travelers'' after ``motorists''; and + (v) in subparagraph (G), by inserting ``, + aircraft passengers, ship passengers, and + travelers'' after ``motorists''; + (4) in subsection (c), by striking ``other motorist + information systems to notify motorists'', each place it + appears, and inserting ``other information systems to notify + motorists, aircraft passengers, ship passengers, and + travelers''; + (5) by amending subsection (d) to read as follows: + ``(d) Federal Share.-- + ``(1) In general.--Except as provided in paragraph (2), the + Federal share of the cost of any activities funded by a grant + under this section may not exceed 80 percent. + ``(2) Waiver.--If the Secretary determines that American + Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the + Virgin Islands of the United States is unable to comply with + the requirement under paragraph (1), the Secretary shall waive + such requirement.''; + (6) in subsection (g)-- + (A) by striking ``In this section'' and inserting + ``In this subtitle''; and + (B) by striking ``or Puerto Rico'' and inserting + ``American Samoa, Guam, Puerto Rico, the Northern + Mariana Islands, the Virgin Islands of the United + States, and any other territory of the United States''; + and + (7) in subsection (h), by striking ``fiscal year 2004'' and + inserting ``each of fiscal years 2019 through 2023''. + (b) Technical and Conforming Amendment.--The table of contents in +section 1(b) of the PROTECT Act (Public Law 108-21) is amended by +striking the item relating to section 303 and inserting the following: + +``Sec. 303. Grant program for notification and communications systems + along highways and major transportation + routes for recovery of abducted + children.''. + +SEC. 1733. AMBER ALERT COMMUNICATION PLANS IN THE TERRITORIES. + + Section 304 of the PROTECT Act (34 U.S.C. 20504) is amended-- + (1) in subsection (b)(4), by inserting ``a territorial + government or'' after ``with''; + (2) by amending subsection (c) to read as follows: + ``(c) Federal Share.-- + ``(1) In general.--Except as provided in paragraph (2), the + Federal share of the cost of any activities funded by a grant + under this section may not exceed 50 percent. + ``(2) Waiver.--If the Attorney General determines that + American Samoa, Guam, the Northern Mariana Islands, Puerto + Rico, the Virgin Islands of the United States, or an Indian + tribe is unable to comply with the requirement under paragraph + (1), the Attorney General shall waive such requirement.''; and + (3) in subsection (d), by inserting ``, including + territories of the United States'' before the period at the + end. + +SEC. 1734. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. + + (a) In General.--Not later than 5 years after the date of the +enactment of this Act, the Comptroller General shall conduct a study +assessing-- + (1) the implementation of the amendments made by this Act; + (2) any challenges related to integrating the territories + of the United States into the AMBER Alert system; + (3) the readiness, educational, technological, and training + needs of territorial law enforcement agencies in responding to + cases involving missing, abducted, or exploited children; and + (4) any other related matters the Attorney General or the + Secretary of Transportation determines appropriate. + (b) Report Required.--The Comptroller General shall submit a report +on the findings of the study required under subsection (a) to-- + (1) the Committee on the Judiciary and the Committee on + Environment and Public Works of the Senate; + (2) the Committee on the Judiciary and the Committee on + Transportation and Infrastructure of the House of + Representatives; and + (3) each of the delegates or resident commissioner to the + House of Representatives from American Samoa, Guam, the + Northern Mariana Islands, Puerto Rico, and the Virgin Islands + of the United States. + (c) Public Availability.--The Comptroller General shall make the +report required under subsection (b) available on a public Government +website. + (d) Obtaining Official Data.-- + (1) In general.--The Comptroller General may secure + information necessary to conduct the study under subsection (a) + directly from any Federal agency and from any territorial + government receiving grant funding under the PROTECT Act. Upon + request of the Comptroller General, the head of a Federal + agency or territorial government shall furnish the requested + information to the Comptroller General. + (2) Agency records.--Notwithstanding paragraph (1), nothing + in this subsection shall require a Federal agency or any + territorial government to produce records subject to a common + law evidentiary privilege. Records and information shared with + the Comptroller General shall continue to be subject to + withholding under sections 552 and 552a of title 5, United + States Code. The Comptroller General is obligated to give the + information the same level of confidentiality and protection + required of the Federal agency or territorial government. The + Comptroller General may be requested to sign a nondisclosure or + other agreement as a condition of gaining access to sensitive + or proprietary data to which the Comptroller General is + entitled. + (3) Privacy of personal information.--The Comptroller + General, and any Federal agency and any territorial government + that provides information to the Comptroller General, shall + take such actions as are necessary to ensure the protection of + the personal information of a minor. + + Subtitle E--Other Matters + +SEC. 1741. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. + + (a) Title 10, United States Code.--Title 10, United States Code, is +amended as follows: + (1) Section 127e(g) is amended by striking ``Low- + Intensity'' and inserting ``Low Intensity''. + (2) Section 142 is amended-- + (A) by striking subsection (d); and + (B) by redesignating the second subsection (c) as + subsection (d). + (3) Section 192(c) is amended by striking the first + paragraph (1). + (4) Section 231 is amended-- + (A) in subsection (a)(1), by striking ``and'' after + the colon; + (B) by striking ``quadrennial defense review'' each + place it appears and inserting ``national defense + strategy''; and + (C) in subsection (f)(3), by striking ``section + 118'' and inserting ``section 113(g)''. + (5) Section 1073c(a) is amended by redesignating the second + paragraph (6) as paragraph (7). + (6) Section 1044e is amended by striking ``subsection (h)'' + each place it appears and inserting ``subsection (i)''. + (7) The table of sections at the beginning of chapter 58 is + amended by striking the item relating to section 1142 and + inserting the following: + +``1142. Preseparation counseling; transmittal of certain records to + Department of Veterans Affairs.''. + (8) Section 1564(c)(2) is amended in the matter preceding + subparagraph (A) by striking ``in'' and inserting ``is''. + (9) The table of sections at the beginning of chapter 113 + is amended by striking ``Sec.'' each place it appears, except + for the first ``Sec.'' preceding the item relating to section + 2200g. + (10) The table of sections at the beginning of chapter 135 + is amended by striking the item relating to section 2279c. + (11) The table of sections at the beginning of chapter 142 + is amended by striking the item relating to section 2417 and + inserting the following: + +``2417. Administrative and other costs.''. + (12) The table of sections at the beginning of chapter 152 + is amended by striking the item relating to section 2568a and + inserting the following: + +``2568a. Damaged personal protective equipment: award to members + separating from the Armed Forces and + veterans.''. + (13) Section 2417(2) is amended by striking ``entities -'' + and inserting ``entities--''. + (14) Section 2641b(a)(3)(B) is amended by striking + ``subsection (c)(5)'' and inserting ``subsection (c)(6)''. + (15) Section 2804(b) is amended in the third sentence by + striking ``; and''. + (16) Section 2890(e)(2) is amended by inserting ``a'' + before ``landlord'' in the matter preceding subparagraph (A). + (17) Section 2891(e)(1) is amended-- + (A) by inserting ``unit'' after ``housing'' the + third place it appears; and + (B) in subparagraph (B), by inserting ``the'' + before ``tenant''. + (18) Section 2891a is amended-- + (A) in subsection (b), by adding a period at the + end of paragraph (2); and + (B) in subsection (e)(2)(B), by striking ``the'' + before ``any basic''. + (19) Section 2894(c)(3) is amended by inserting ``, the + office'' after ``installation housing management office''. + (b) Title 38, United States Code.--Section 1967(a)(3)(D) of title +38, United States Code, is amended in the matter preceding clause (i) +by inserting a comma after ``theater of operations''. + (c) NDAA for Fiscal Year 2019.--Effective as of August 13, 2018, +and as if included therein as enacted, the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is +amended as follows: + (1) Section 226(b)(3)(C) (132 Stat. 1686) is amended by + striking ``commercial-off the-shelf'' and inserting + ``commercially available off-the-shelf items (as defined in + section 104 of title 41, United States Code) that may serve + as''. + (2) Section 809(b)(3) (132 Stat. 1840) is amended by + striking ``Section 598(d)(4) of the National Defense + Authorization Act of for Fiscal Year 2010 (Public Law 111-84; + 10 U.S.C. 1561 note)'' and inserting ``Section 563(d)(4) of the + Duncan Hunter National Defense Authorization Act for Fiscal + Year 2009 (Public Law 110-417; 10 U.S.C. 1561 note)''. + (3) Section 836(a)(2)(B) (132 Stat. 1860) is amended by + inserting ``of such title'' after ``Section 104(1)(A)''. + (4) Section 836(c)(8) is amended by striking subparagraphs + (A) and (B) and inserting the following new subparagraphs: + ``(A) by striking `commercial items' and inserting + `commercial products'; and + ``(B) by striking `the item' both places it appears + and inserting `commercial product'.''. + (5) Section 889(f) (132 Stat. 1918) is amended by striking + ``appropriate congressional committees''' and inserting + ``appropriate congressional committees''. + (6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 132 Stat. + 2080) is amended by striking ``improve'' and inserting + ``improved''. + (7) Section 1757(a) (50 U.S.C. 4816; 132 Stat. 2218) is + amended by inserting ``to persons'' before ``who are + potential''. + (8) Section 1759(a)(2) (50 U.S.C. 4818; 132 Stat. 2223) is + amended by striking the semicolon at the end and inserting a + period. + (9) Section 1763(c) (50 U.S.C. 4822; 132 Stat. 2231) is + amended by striking ``December 5, 1991'' and inserting + ``December 5, 1995''. + (10) Section 1773(b)(1) (50 U.S.C. 4842; 132 Stat. 2235) is + amended by striking ``section 1752(1)(D)'' and inserting + ``section 1752(2)(D)''. + (11) Section 1774(a) (50 U.S.C. 4843; 132 Stat. 2237) is + amended in the matter preceding paragraph (1) by inserting + ``under'' before ``section 1773''. + (12) Section 2827(b)(1) (132 Stat. 2270) is amended by + inserting ``in the matter preceding the paragraphs'' after + ``amended''. + (d) NDAA for Fiscal Year 2016.--Effective as of December 23, 2016, +and as if included therein as enacted, section 856(a)(1) the National +Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 +U.S.C. 2377 note) is amended by inserting ``United States Code,'' after +``title 41,''. + (e) Coordination With Other Amendments Made by This Act.--For +purposes of applying amendments made by provisions of this Act other +than this section, the amendments made by this section shall be treated +as having been enacted immediately before any such amendments by other +provisions of this Act. + +SEC. 1742. ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU TO THE LIST + OF OFFICERS PROVIDING REPORTS OF UNFUNDED PRIORITIES. + + Section 222a(b) of title 10, United States Code, is amended-- + (1) by redesignating paragraph (5) as paragraph (6); and + (2) by inserting after paragraph (4) the following new + paragraph: + ``(5) The Chief of the National Guard Bureau.''. + +SEC. 1743. ACCEPTANCE OF PROPERTY BY MILITARY ACADEMIES AND MUSEUMS. + + (a) Acceptance of Property.--Section 2601 of title 10, United +States Code, is amended-- + (1) in subsection (a)(2), by inserting after subparagraph + (B) the following new subparagraph: + ``(C) The Secretary concerned may display, at a military museum, +recognition for an individual or organization that contributes money to +a nonprofit entity described in subparagraph (A), or an individual or +organization that contributes a gift directly to the armed force +concerned for the benefit of a military museum, whether or not the +contribution is subject to the condition that recognition be provided. +The Secretary of Defense shall prescribe uniform regulations governing +the circumstances under which contributor recognition may be provided, +appropriate forms of recognition, and suitable display standards.''; +and + (2) in subsection (e)(1)-- + (A) by inserting ``or personal'' after ``real'' + both places it appears; and + (B) by striking ``or the Coast Guard Academy'' and + inserting ``the Coast Guard Academy, the National + Defense University, the Defense Acquisition University, + the Air University, the Army War College, the Army + Command and General Staff College, the Naval War + College, the Naval Postgraduate School, or the Marine + Corps University''. + (b) Lease of Non-Excess Property to Military Museums.-- + (1) In general.--Section 2667 of title 10, United States + Code, is amended-- + (A) in subsection (b)-- + (i) in paragraph (7), by striking ``and'' + at the end; + (ii) in paragraph (8), by striking the + period at the end and inserting ``; and''; and + (iii) by adding at the end the following + new paragraph: + ``(9) in the case of a lease of a museum facility to a + museum foundation, may provide for use in generating revenue + for activities of the museum facility and for such + administrative purposes as may be necessary to support the + facility.''; + (B) in subsection (i), by adding at the end the + following new paragraph: + ``(6) The term `museum foundation' means any entity-- + ``(A) qualifying as an exempt organization under + section 501(c)(3) of the Internal Revenue Code of 1986; + and + ``(B) incorporated for the primary purpose of + supporting a Department of Defense museum.''; and + (C) in subsection (k)-- + (i) in the subsection heading, by inserting + ``and Museums'' after ``Leases for Education''; + and + (ii) by inserting ``or to a museum + foundation'' before the period at the end. + (2) Repeals.-- + (A) Lease or license of united states navy museum + facilities at washington navy yard, district of + columbia.--The National Defense Authorization Act for + Fiscal Year 2006 (Public Law 109-163) is amended by + striking section 2852. + (B) Lease of facility to marine corps heritage + foundation.--Section 2884 of the Floyd D. Spence + National Defense Authorization Act for Fiscal Year 2001 + (Public Law 106-398; 114 Stat. 1654A-440) is amended by + striking subsection (e). + +SEC. 1744. REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC PARTNERSHIP + PROGRAM. + + (a) National Oceanographic Partnership Program.--Section 8931 of +title 10, United States Code, is amended to read as follows: + +``SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM. + + ``(a) Establishment.--The Secretary of the Navy shall establish a +program to be known as the `National Oceanographic Partnership +Program'. + ``(b) Purposes.--The purposes of the program are as follows: + ``(1) To promote the national goals of assuring national + security, advancing economic development, protecting quality of + life, ensuring environmental stewardship, and strengthening + science education and communication through improved knowledge + of the ocean. + ``(2) To coordinate and strengthen oceanographic efforts in + support of those goals by-- + ``(A) creating and carrying out partnerships among + Federal agencies, academia, industry, and other members + of the oceanographic community in the areas of science, + data, resources, education, and communication; and + ``(B) accepting, planning, and executing + oceanographic research projects funded by grants, + contracts, cooperative agreements, or other vehicles as + appropriate, that contribute to assuring national + security, advancing economic development, protecting + quality of life, ensuring environmental stewardship, + and strengthening science education and communication + through improved knowledge of the ocean.''. + (b) Ocean Policy Committee.-- + (1) In general.--Section 8932 of such title is amended to + read as follows: +``Sec. 8932. Ocean Policy Committee + ``(a) Committee.--There is established an Ocean Policy Committee +(hereinafter referred to as the `Committee'). The Committee shall +retain the membership, co-chairs, and subcommittees outlined in +Executive Order No. 13840. + ``(b) Responsibilities.--The Committee shall continue the +activities of that Committee as it was in existence on the day before +the date of the enactment of the National Defense Authorization Act for +Fiscal Year 2021. In discharging its responsibilities and to assist in +the execution of the activities delineated in this subsection, the +Committee may delegate to a subcommittee, as appropriate. The Committee +shall-- + ``(1) prescribe policies and procedures to implement the + National Oceanographic Partnership Program; + ``(2) engage and collaborate, pursuant to existing laws and + regulations, with stakeholders, including regional ocean + partnerships, to address ocean-related matters that may require + interagency or intergovernmental solutions; + ``(3) facilitate coordination and integration of Federal + activities in ocean and coastal waters to inform ocean policy + and identify priority ocean research, technology, and data + needs; and + ``(4) review, select, and identify partnership projects for + implementation under the program, based on-- + ``(A) whether the project addresses important + research objectives or operational goals; + ``(B) whether the project has, or is designed to + have, appropriate participation within the + oceanographic community of public, academic, + commercial, private participation or support; + ``(C) whether the partners have a long-term + commitment to the objectives of the project; + ``(D) whether the resources supporting the project + are shared among the partners; and + ``(E) whether the project has been subjected to + adequate review according to each of the supporting + agencies. + ``(c) Annual Report and Briefing.--(1) Not later than March 1 of +each year, the Committee shall post a report on the National +Oceanographic Partnership Program on a publicly available website and +brief-- + ``(A) the Committee on Commerce, Science, and + Transportation of the Senate; + ``(B) the Committee on Armed Services of the Senate; + ``(C) the Committee on Natural Resources of the House of + Representatives; + ``(D) the Committee on Science, Space, and Technology of + the House of Representatives; and + ``(E) the Committee on Armed Services of the House of + Representatives. + ``(2) The report and all briefing materials shall be posted to a +publicly available website not later than 30 days after the briefing. + ``(3) The report and briefing shall include the following: + ``(A) A description of activities of the program carried + out during the prior fiscal year. + ``(B) A general outline of the activities planned for the + program during the current fiscal year. + ``(C) A summary of projects, partnerships, and + collaborations, including the Federal and non-Federal sources + of funding, continued from the prior fiscal year and projects + expected to begin during the current and subsequent fiscal + years, as required in the program office report outlined in + section 8932(f)(2)(C) of this title. + ``(D) The amounts requested in the budget submitted to + Congress pursuant to section 1105(a) of title 31 for the + subsequent fiscal year, for the programs, projects, activities + and the estimated expenditures under such programs, projects, + and activities, to execute the National Oceanographic + Partnership Program. + ``(E) A summary of national ocean research priorities + informed by the Ocean Research Advisory Panel required in + section 8933(b)(4) of this title. + ``(F) A list of the members of the Ocean Research Advisory + Panel described in section 8933(a) of this title and any + working groups described in section 8932(f)(2)(A) of this title + in existence during the fiscal years covered. + ``(d) National Oceanographic Partnership Fund.--(1) There is +established in the Treasury a separate account to be known as the +National Oceanographic Partnership Program Fund to be jointly managed +by the Secretary of the Navy, the Administrator of the National Oceanic +and Atmospheric Administration, and any other Federal agency that +contributes amounts to the Fund. + ``(2) Amounts in the Fund shall be available to the National +Oceanic Partnership Program without further appropriation to remain +available for up to 5 years from the date contributed or until expended +for the purpose of carrying out this section. + ``(3) There is authorized to be credited to the Fund the following: + ``(A) Such amounts as determined appropriate to be + transferred to the Fund by the head of a Federal agency or + entity participating in the National Oceanographic Partnership + Program. + ``(B) Funds provided by a State, local government, tribal + government, territory, or possession, or any subdivisions + thereof. + ``(C) Funds contributed by-- + ``(i) a non-profit organization, individual, or + Congressionally-established foundation; and + ``(ii) by private grants, contracts, and donations. + ``(4) For the purpose of carrying out this section, as directed by +the Committee, departments or agencies represented on the Committee may +enter into contracts, make grants, including transactions authorized by +paragraph (5), and may transfer funds available to the National +Oceanographic Partnership Program under paragraph (3) to participating +departments and agencies for such purposes. + ``(5) The Committee or any participating Federal agency or entity +may enter into an agreement to use, with or without reimbursement, the +land, services, equipment, personnel, and facilities of any department, +agency, or instrumentality of the United States, or of any State, local +government, Indian tribal government, Territory, District of Columbia, +or possession, or of any political subdivision thereof, or of any +foreign government or international organization or individual, for the +purpose of carrying out this section. + ``(e) Establishment and Forms of Partnership Projects.--A +partnership project under the National Oceanographic Partnership +Program-- + ``(1) may be established by any instrument that the + Committee considers appropriate; and + ``(2) may include demonstration projects. + ``(f) Partnership Program Office.--(1) The Secretary of the Navy +and Administrator of the National Oceanic and Atmospheric +Administration shall jointly establish a partnership program office for +the National Oceanographic Partnership Program. Competitive procedures +will be used to select an external operator for the partnership program +office. + ``(2) The Committee will monitor the performance of the duties of +the partnership program office, which shall consist of the following: + ``(A) To support working groups established by the + Committee or subcommittee and report working group activities + to the Committee, including working group proposals for + partnership projects. + ``(B) To support the process for proposing partnership + projects to the Committee, including, where appropriate, + managing review of such projects. + ``(C) To submit to the Committee and make publicly + available an annual report on the status of all partnership + projects, including the Federal and non-Federal sources of + funding for each project, and activities of the office. + ``(D) To perform any additional duties for the + administration of the National Oceanographic Partnership + Program that the Committee considers appropriate.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 893 of title 10, United States Code, is + amended by striking the item relating to section 8932 and + inserting the following new item: + +``8932. Ocean Policy Committee.''. + (c) Ocean Research Advisory Panel.--Section 8933 of such title is +amended to read as follows: +``Sec. 8933. Ocean Research Advisory Panel + ``(a) Establishment.--(1) The Committee shall establish an Ocean +Research Advisory Panel consisting of not less than 10 and not more +than 18 members appointed by the Co-chairs, including the following: + ``(A) Three members who will represent the National + Academies of Sciences, Engineering, and Medicine. + ``(B) Members selected from among individuals who will + represent the views of ocean industries, State, tribal, + territorial or local governments, academia, and such other + views as the Co-chairs consider appropriate. + ``(C) Members selected from among individuals eminent in + the fields of marine science, marine technology, and marine + policy, or related fields. + ``(2) The Committee shall ensure that an appropriate balance of +academic, scientific, industry, and geographical interests and gender +and racial diversity are represented by the members of the Advisory +Panel. + ``(b) Responsibilities.--The Committee shall assign the following +responsibilities to the Advisory Panel: + ``(1) To advise the Committee on policies and procedures to + implement the National Oceanographic Partnership Program. + ``(2) To advise the Committee on matters relating to + national oceanographic science, engineering, facilities, or + resource requirements. + ``(3) To advise the Committee on improving diversity, + equity, and inclusion in the ocean sciences and related fields. + ``(4) To advise the Committee on national ocean research + priorities. + ``(5) Any additional responsibilities that the Committee + considers appropriate. + ``(6) To meet no fewer than two times a year. + ``(c) Administrative and Technical Support.--The Administrator of +the National Oceanic and Atmospheric Administration shall provide such +administrative and technical support as the Ocean Research Advisory +Panel may require. + ``(d) Federal Advisory Committee Act.--Section 14 of the Federal +Advisory Committee Act (5 U.S.C. App.) shall not apply to the Ocean +Research Advisory Panel appointed under section 8933.''. + +SEC. 1745. REQUIREMENTS RELATING TO PROGRAM AND PROJECT MANAGEMENT. + + (a) Standards for Program and Project Management.--Section +503(c)(1)(D) of title 31, United States Code, is amended by striking +``consistent with widely accepted standards'' and inserting ``in +accordance with standards accredited by the American National Standards +Institute''. + (b) Program Management Improvement Officers and Program Management +Policy Council.--Section 1126 of title 31, United States Code, is +amended-- + (1) in subsection (a)(1), by inserting after ``senior + executive of the agency'' the following: ``, who has + significant program and project management oversight + responsibilities,''; and + (2) in subsection (b)(4) by striking ``twice'' and + inserting ``four times''. + +SEC. 1746. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND AND CONTROL + CONCEPT. + + (a) In General.--During the period beginning on October 1, 2020, +and ending on October 1, 2022, the Director of the Joint All Domain +Command and Control (in this section referred to as ``JADC2'') Cross +Functional Team (in this section referred to as ``CFT''), in +consultation with the Vice Chairman of the Joint Chiefs of Staff and +Chief Information Officer of the Department of Defense, shall provide +to the Committee on Armed Services of the House of Representatives +quarterly briefings on the progress of the Department's Joint All +Domain Command and Control concept. + (b) Elements.--Each briefing under subsection (a) shall include, +with respect to the JADC2 concept, the following elements: + (1) The status of the joint concept of command and control. + (2) How the JADC2 CFT is identifying gaps and addressing + validated requirements based on the joint concept of command + and control. + (3) Progress in developing specific plans to evaluate and + implement materiel and non-materiel improvements to command and + control capabilities. + (4) Clarification on distribution of responsibilities and + authorities within the CFT and the Office of the Secretary of + Defense with respect to JADC2, and how the CFT and the Office + of the Secretary of Defense are synchronizing and aligning with + joint and military concepts, solutions, experimentation, and + exercises. + (5) The status of and review of any recommendations for + resource allocation necessary to achieve operational JADC2. + (6) A sufficiency assessment of planned funding across the + future years defense program for the development of JADC2 + capabilities. + +SEC. 1747. RESOURCES TO IMPLEMENT A DEPARTMENT OF DEFENSE POLICY ON + CIVILIAN CASUALTIES IN CONNECTION WITH UNITED STATES + MILITARY OPERATIONS. + + (a) Resources To Implement Department of Defense Policy on Civilian +Casualties in Connection With United States Military Operations.-- + (1) Purpose.--The purpose of this section is to facilitate + fulfillment of the requirements in section 936 of the John S. + McCain National Defense Authorization Act for Fiscal Year 2019 + (10 U.S.C. 134 note). + (2) Personnel.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall do + the following: + (A) Add to, and assign within, each of the United + States Central Command, the United States Africa + Command, the United States Special Operations Command, + the United States European Command, the United States + Southern Command, the United States Indo-Pacific + Command, and the United States Northern Command not + fewer than two personnel who shall have primary + responsibility for the following in connection with + military operations undertaken by such command: + (i) Providing guidance and oversight + relating to prevention of and response to + civilian casualties, promotion of observance of + human rights, and the protection of civilians + and civilian infrastructure. + (ii) Overseeing civilian casualty response + functions on behalf of the commander of such + command. + (iii) Receiving reports of civilian + casualties and conduct of civilian casualty + assessments. + (iv) Analyzing civilian casualty incidents + and trends. + (v) Offering condolences for casualties, + including ex gratia payments. + (vi) Ensuring the integration of activities + relating to civilian casualty mitigation, + protection of civilians, and promotion of + observance of human rights in security + cooperation activities. + (vii) Consulting with non-governmental + organizations on civilian casualty and human + rights matters. + (B) Add to, and assign within, the Office of the + Under Secretary for Policy not fewer than two personnel + who shall have primary responsibility for implementing + and overseeing implementation by the components of the + Department of Defense of Department policy on civilian + casualties resulting from United States military + operations. + (C) Add to, and assign within, the Joint Staff not + fewer than two personnel who shall have primary + responsibility for the following: + (i) Overseeing implementation by the + components of the Department of Defense of + Department policy on civilian casualties + resulting from United States military + operations. + (ii) Developing and sharing in the + implementation of such policy. + (iii) Communicating operational guidance on + such policy. + (3) Training, software, and other requirements.-- + (A) In general.--In each of fiscal years 2021 + through 2023, the Secretary of Defense and each + Secretary of a military department may obligate and + expend, from amounts specified in subparagraph (B), not + more than $5,000,000 for the following: + (i) Training related to civilian casualty + mitigation and response. + (ii) Information technology equipment, + support and maintenance, and data storage, in + order to implement the policy of the Department + related relating to civilian casualties + resulting from United States military + operations as required by section 936 of the + John S. McCain National Defense Authorization + Act for Fiscal Year 2019. + (B) Funds.--The funds for a fiscal year specified + in this subparagraph are funds as follows: + (i) In the case of the Secretary of + Defense, amounts authorized to be appropriated + for such fiscal year for operation and + maintenance, Defense-wide. + (ii) In the case of a Secretary of a + military department, amounts authorized to be + appropriated for such fiscal year for operation + and maintenance for the components of the Armed + Forces under the jurisdiction of such + Secretary. + (b) United States Military Operations Defined.--In this section, +the term ``United States military operations'' includes any mission, +strike, engagement, raid, or incident involving United States Armed +Forces. + +SEC. 1748. SENSE OF CONGRESS REGARDING REPORTING OF CIVILIAN CASUALTIES + RESULTING FROM UNITED STATES MILITARY OPERATIONS. + + It is the sense of Congress-- + (1) to commend the Department of Defense for the measures + it has implemented and is currently implementing to prevent, + mitigate, track, investigate, learn from, respond to, and + report civilian casualties resulting from United States + military operations; and + (2) to agree with the Department that civilian casualties + are a tragic and unavoidable part of war, and to recognize that + the Department endeavors to conduct all military operations in + compliance with the international law of armed conflict and the + laws of the United States, including distinction, + proportionality, and the requirement to take feasible + precautions in planning and conducting operations to reduce the + risk of harm to civilians and other protected persons and + objects; and the protection of civilians and other protected + persons and objects, in addition to a legal obligation and a + strategic interest, is a moral and ethical imperative; that the + Department has submitted to Congress three successive annual + reports on civilian casualties resulting from United States + military operations for calendar years 2017, 2018, and 2019, + and has updated reports as appropriate; and to recognize the + efforts of the Department, both in policy and in practice, to + reduce the harm to civilians and other protected persons and + objects resulting from United States military operations, and + to encourage the Department to make additional progress in-- + (A) developing at all combatant commands personnel + and offices responsible for advising the commanders of + such commands, and integrating into command strategy, + the promotion of observance of human rights and the + protection of civilians and other protected persons and + objects; + (B) finalizing and implementing the policy of the + Department relating to civilian casualties resulting + from United States military operations, as required by + section 936 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 + note); + (C) finalizing Department-wide regulations to + implement section 1213 of the National Defense + Authorization for Fiscal Year 2020 (Public Law 116-92) + for ex gratia payments for damage, personal injury, or + death that is incident to the use of force by the + United States Armed Forces, a coalition that includes + the United States, a military organization supporting + the United States, or a military organization + supporting the United States or such coalition; and + (D) professionalizing foreign partner forces to + reduce civilian casualties, including in connection + with train and equip programs, advise, assist, + accompany, and enable missions, and fully combined and + coalition operations. + +SEC. 1749. PROHIBITION OF PUBLIC DISPLAY OF CONFEDERATE BATTLE FLAG ON + DEPARTMENT OF DEFENSE PROPERTY. + + (a) Prohibition.--Except as provided in subsection (b) the +Secretary of Defense shall prohibit the public display of the +Confederate battle flag at all Department of Defense property. + (b) Exceptions.--The prohibition under subsection (a) shall not +apply to-- + (1) a museum located on a Department of Defense + installation that addresses the Civil War from a historical or + educational perspective; + (2) an educational or historical display depicting a Civil + War battle in which the Confederate battle flag is present, but + not the main focus of the display; + (3) a State flag that incorporates the Confederate battle + flag; + (4) a State-issued license plate with a depiction of the + Confederate battle flag; or + (5) a grave site of a Confederate soldier. + (c) Definitions.--In this section: + (1) The term ``Confederate battle flag'' means the battle + flag carried by Confederate armies during the Civil War. + (2) The term ``Department of Defense property'' means all + installations, workplaces, common-access areas, and public + areas of the Department of Defense, including-- + (A) office buildings, facilities, naval vessels, + aircraft, Government vehicles, hangars, ready rooms, + conference rooms, individual offices, cubicles, storage + rooms, tool and equipment rooms, workshops, break + rooms, galleys, recreational areas, commissaries, Navy + and Marine Corps exchanges, and heads; + (B) sensitive compartmented information facilities + and other secure facilities; + (C) open-bay barracks and common areas of barracks + and living quarters; + (D) all Department of Defense school houses and + training facilities including, officer candidate + school, the basic school, recruit training command, and + recruiting offices; + (E) all areas of the Department of Defense in + public or plain view, including outside areas, work + office buildings, stores, or barracks, including + parking lots; + (F) the front yard or external porch of Government- + owned and Government-operated housing and public- + private venture housing; and + (G) automobile bumper stickers, clothing, and other + apparel that is located on or in any installation, + workplace, common-access area, or public area of the + Department of Defense. + +SEC. 1750. DEPLOYMENT OF REAL-TIME STATUS OF SPECIAL USE AIRSPACE. + + (a) In General.--The Administrator of the Federal Aviation +Administration, in consultation, as appropriate, with the Secretary of +Defense and the heads of the military services, including the National +Guard and Air National Guard, and other appropriate Federal agencies, +shall initiate, not later than 180 days after the date of enactment of +this Act, a program to enable public dissemination of information on-- + (1) the real-time status of the activation or deactivation + of military operations areas and restricted areas; and + (2) the reports submitted to the Administrator pursuant to + section 73.19 of title 14, Code of Federal Regulations. + (b) Status Report.-- + (1) In general.--Not later than 1 year after the + Administrator initiates the program required under subsection + (a), and every year thereafter until such program is complete, + the Administrator shall submit a status report to the + appropriate committees of Congress on the implementation of + such program. + (2) Contents.--The report required under paragraph (1) + shall contain, at a minimum-- + (A) an update on the progress of the Administrator + in modifying policies, systems, or equipment that may + be necessary to enable the public dissemination of + information on the real-time status of the activation + or deactivation of military operations areas and + restricted areas; + (B) a description of any challenges to completing + the program initiated pursuant to subsection (a), + including challenges in-- + (i) receiving the timely and complete + submissions of data concerning airspace usage; + (ii) modifying policies; and + (iii) acquiring necessary systems or + equipment; and + (C) a timeline of the anticipated completion of the + program and the modifications described in subparagraph + (A). + (c) Utilization Reports.--Not later than 180 days after the date of +enactment of this Act, the Secretary of Defense shall submit a report +to the appropriate committees of Congress-- + (1) describing whether the Department of Defense has + submitted the utilization reports required under section 73.19 + of title 14, Code of Federal Regulations for the prior fiscal + year, and, if so, to what extent such reports have been + submitted; and + (2) providing, if the Secretary discovers that all such + reports have not been submitted in a timely and complete + manner-- + (A) an explanation for the failure to submit any + such reports in the manner prescribed by regulation; + and + (B) a plan to ensure the timely and complete + submission of all such reports. + (d) Policies.--Not later than 18 months after the date of enactment +of this Act, the Administrator shall submit a report to the appropriate +committees of Congress on special use airspace, including a review of +the Federal Aviation Administration's-- + (1) policies and processes for establishing, reviewing, and + revoking military operations areas and restricted areas; and + (2) administration, including release of, underutilized + special use airspace. + (e) Definitions.--In this section: + (1) The term ``appropriate committees of Congress'' means-- + (A) the Committee on Commerce, Science, and + Transportation and the Committee on Armed Services of + the Senate; and + (B) the Committee on Transportation and + Infrastructure and the Committee on Armed Services of + the House of Representatives. + (2) The term ``underutilized'', with respect to a military + operations area or restricted area, means such an area + determined by the Administrator of the Federal Aviation + Administrator to have had, during the 2 most recent consecutive + fiscal years prior to the date of enactment of this Act, the + number of hours actually utilized be less than 75 percent of + the number of hours the area was activated, discounted for + weather cancellations and delays, loss of use for reasons + beyond the control of the Federal agency using the area, and + other factors determined appropriate by the Administrator. + +SEC. 1751. DUTIES OF SECRETARY UNDER UNIFORMED AND OVERSEAS CITIZENS + ABSENTEE VOTING ACT. + + (a) Ensuring Ability of Absent Uniformed Services Voters Serving at +Diplomatic and Consular Posts To Receive and Transmit Balloting +Materials.--In carrying out the Secretary's duties as the Presidential +designee under the Uniformed and Overseas Citizens Absentee Voting Act +(52 U.S.C. 20301 et seq.), the Secretary shall take such actions as may +be necessary to ensure that an absent uniformed services voter under +such Act who is absent from the United States by reason of active duty +or service at a diplomatic and consular post of the United States is +able to receive and transmit balloting materials in the same manner and +with the same rights and protections as an absent uniformed services +voter under such Act who is absent from the United States by reason of +active duty or service at a military installation. + (b) Effective Date.--This section shall apply with respect to +elections held on or after the date of the enactment of this Act. + +SEC. 1752. PUBLICLY AVAILABLE DATABASE OF CASUALTIES OF MEMBERS OF THE + ARMED FORCES. + + (a) In General.--The Secretary of Defense shall publish on an +appropriate publicly available website of the Department of Defense a +database of all casualties of members of the Armed Forces of the United +States that occur during military operations that take place during +1990 or any subsequent year. + (b) Requirements.--The Secretary shall ensure that the database +published under subsection (a) has the following capabilities: + (1) The capability of generating a machine readable report, + to the extent practicable, through searches based on each, and + any combination, of the casualty attributes. + (2) The capability of downloading individual records as the + result of a search based on each, and any combination, of the + casualty attributes. + (c) Next-of-Kin Opt Out.--The Secretary shall develop a mechanism +under which the next-of-kin (as determined by the Secretary) of any +individual whose information would be included in the database required +under subsection (a) may elect to have such information excluded from +the database. + (d) Casualty Attributes.--In this section, the term ``casualty +attributes'' means each of the following with respect to the casualty +of a member of the Armed Forces: + (1) The conflict in which the casualty occurred. + (2) The country where the casualty occurred. + (3) The attributes of the member of the Armed Forces, + including-- + (A) service; + (B) component; + (C) name; + (D) rank; + (E) date of death; and + (F) any other information as determined by the + Secretary. + +SEC. 1753. NOTICE AND COMMENT FOR PROPOSED ACTIONS OF THE SECRETARY OF + DEFENSE RELATING TO FOOD AND BEVERAGE INGREDIENTS. + + (a) Notice and Comment.--Before promulgating any service-wide or +Department-wide final rule, statement, or determination relating to the +limitation or prohibition of an ingredient in a food or beverage item +provided to members of the Armed Forces by the Department of Defense +(including an item provided through a commissary store, a dining +facility on a military installation, or a military medical treatment +facility), the Secretary of Defense shall-- + (1) publish in the Federal Register a notice of the + proposed rule, statement, or determination (in this section + referred to as a ``proposed action''); and + (2) provide interested persons an opportunity to submit + public comments with respect to the proposed action. + (b) Matters To Be Included in Notice.--The Secretary shall include +in any notice published under subsection (a)(2) the following: + (1) A summary of the notice. + (2) The date of publication of the notice. + (3) The contact information for the office of the + Department of Defense responsible for the proposed action. + (4) The deadline for comments to be submitted with respect + to the proposed action and a description of the method to + submit such comments. + (5) A description of the proposed action. + (6) Findings and a statement of reason supporting the + proposed action. + (c) Waiver Authority.--The Director of the Defense Logistics Agency +may waive subsections (a) and (b) if the Director determines such +waiver is necessary for military operations or for the response to a +national emergency declared by the President under the National +Emergencies Act (50 U.S.C. 1601 et seq.), a medical emergency, or a +pandemic. + (d) Reports.-- + (1) Reports.--On a quarterly basis, the Director of the + Defense Logistics Agency shall submit to the congressional + defense committees a report containing an identification of any + waiver under subsection (c) issued or in effect during the + quarter preceding submission of the report. + (2) Matters.--A report under paragraph (1) shall include, + with respect to each waiver identified, the following: + (A) The date, time, and location of the issuance of + such waiver. + (B) A detailed justification for the issuance of + such waiver. + (C) An identification of the rule, statement, or + determination for which the Director issued such + waiver, including the proposed duration of such rule, + statement, or determination. + +SEC. 1754. SPACE STRATEGIES AND ASSESSMENT. + + (a) Sense of Congress.--It is the sense of Congress that the United +States Government should support activities in space by-- + (1) ensuring robust, innovative, and increasingly capable + civil and national security space programs; + (2) supporting effective and stable space partnerships with + allies of the United States; + (3) leveraging, to the greatest extent practicable and + appropriate, commercial space capabilities; and + (4) ensuring freedom of navigation and providing measures + to assure the supply chain related to such space assets and + manufacturing processes of such assets. + (b) Strategy Required.--Not later than 270 days after the date of +the enactment of this Act, the President, in consultation with the +National Space Council, shall develop and maintain a strategy to ensure +that the United States, as appropriate, strengthens civil and national +security capabilities and operations in space through-- + (1) challenging and inspiring civil space goals and + programs; + (2) partnerships with allies of the United States; + (3) leveraging of commercial space capabilities; + (4) ensuring supply chain and manufacturing processes for + space assets; + (5) sustaining a highly skilled, world-class workforce; and + (6) considering the financial security and cybersecurity + concerns threatening commercial and Federal Government launch + sites of the United States. + (c) Submission of Strategy and Plan.--Not later than 1 year after +the date of the enactment of this Act, the Chair of the National Space +Council, in consultation with relevant departments and agencies of the +Federal Government, shall submit to the appropriate congressional +committees a report setting forth-- + (1) the strategy under subsection (b); and + (2) a plan to implement the strategy, including to-- + (A) ensure the freedom of navigation of space + assets and protect the supply chain relating to such + assets and manufacturing process of such assets from + threats from China, Russia, Iran, and North Korea, + which may include protection from intellectual property + theft and threats with respect to electronic warfare + capabilities; + (B) identify capabilities required to ensure civil + and national security space leadership; + (C) provide contingency and resiliency for civil + and national security space operations; and + (D) strengthen relations with the allies of the + United States with respect to space. + (d) Assessment and Report.-- + (1) Assessment and report requirement.--Not later than 180 + days after the date of the enactment of this Act, the Secretary + of Defense, in consultation with the Director of National + Intelligence and the Administrator of the National Aeronautics + and Space Administration, shall submit to the appropriate + congressional committees a report that includes-- + (A) an assessment of the capabilities and role of + relevant departments and agencies of the Federal + Government to-- + (i) ensure access to launch, + communications, and freedom of navigation and + other relevant infrastructure and services for + civil and national security space programs and + activities; and + (ii) identify vulnerabilities that could + affect access to space infrastructure; and + (iii) address financial security and + cybersecurity concerns threatening commercial + and Federal Government launch sites of the + United States; and + (B) recommendations and costs to improve the + capabilities assessed pursuant to subparagraph (A), + including recommendations with respect to-- + (i) the electronic warfare capabilities of + China, Russia, Iran, and North Korea; and + (ii) the use of counterspace weapons and + cyber attacks by China, Russia, Iran, and North + Korea. + (2) Form.--The report under paragraph (1) may include a + classified annex. + (e) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' + means-- + (A) the Committee on Armed Services of the House of + Representatives; + (B) the Committee on Science, Space, and Technology + of the House of Representatives; + (C) the Committee on Foreign Affairs of the House + of Representatives; + (D) the Committee on Energy and Commerce of the + House of Representatives; + (E) the Permanent Select Committee on Intelligence + of the House of Representatives; + (F) the Committee on Armed Services of the Senate; + (G) the Committee on Foreign Relations of the + Senate; + (H) the Committee on Commerce, Science, and + Transportation of the Senate; and + (I) the Select Committee on Intelligence of the + Senate. + (2) The term ``launch site'' has the meaning given that + term under section 50902 of title 51, United States Code. + +SEC. 1755. NONIMMIGRANT STATUS FOR CERTAIN NATIONALS OF PORTUGAL. + + For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of +the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal +shall be considered to be a foreign state described in such section if +the Government of Portugal provides similar nonimmigrant status to +nationals of the United States. + +SEC. 1756. SENSE OF CONGRESS ON EXTENSION OF LIMITATIONS ON IMPORTATION + OF URANIUM FROM RUSSIAN FEDERATION. + + It is the sense of Congress that-- + (1) a secure nuclear fuel supply chain is essential to the + economic and national security of the United States; + (2) the Government of the Russian Federation uses its + control over energy resources, including in the civil nuclear + sector, to exert political influence and create economic + dependency in other countries; + (3) the Agreement Suspending the Antidumping Investigation + on Uranium from the Russian Federation (commonly referred to as + the ``Russian Suspension Agreement''), which limits imports of + Russian uranium to 20 percent of the market share, is vital to + averting American dependence on Russian energy; + (4) the United States should-- + (A) expeditiously complete negotiation of an + extension of the Russian Suspension Agreement to cap + the market share for Russian uranium at 20 percent or + lower; or + (B) if an agreement to extend the Russian + Suspension Agreement cannot be reached, complete the + antidumping investigation under title VII of the Tariff + Act of 1930 (19 U.S.C. 1671 et seq.) with respect to + imports of uranium from the Russian Federation-- + (i) to avoid unfair trade in uranium and + maintain a nuclear fuel supply chain in the + United States, consistent with the national + security and nonproliferation goals of the + United States; and + (ii) to protect the United States nuclear + fuel supply chain from the continued + manipulation of the global and United States + uranium markets by the Russian Federation and + Russian-influenced competitors; + (5) a renegotiated, long-term extension of the Russian + Suspension Agreement can prevent adversaries of the United + States from monopolizing the nuclear fuel supply chain; + (6) as was done in 2008, upon completion of a new + negotiated long-term extension of the Russian Suspension + Agreement, Congress should enact legislation to codify the + terms of extension into law to ensure long-term stability for + the domestic nuclear fuel supply chain; and + (7) if the negotiations to extend the Russian Suspension + Agreement prove unsuccessful, Congress should be prepared to + enact legislation to prevent the manipulation by the Russian + Federation of global uranium markets and potential domination + by the Russian Federation of the United States uranium market. + +SEC. 1757. AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION CENTER + PACIFIC IN THE INDOPACIFIC REGION. + + (a) Authority To Establish.-- + (1) In general.--The Secretary of Defense, with the + concurrence of the Secretary of State, may authorize-- + (A) the establishment of a Movement Coordination + Center Pacific (in this section referred to as the + ``Center''); and + (B) participation of the Department of Defense in + an Air Transport and Air-to-Air refueling and other + Exchanges of Services program (in this section referred + to as the ``ATARES program'') of the Center. + (2) Scope of participation.--Participation in the ATARES + program under paragraph (1)(B) shall be limited to the + reciprocal exchange or transfer of air transportation and air + refueling services on a reimbursable basis or by replacement- + in-kind or the exchange of air transportation or air refueling + services of an equal value with foreign militaries. + (3) Limitations.--The Department of Defense's balance of + executed transportation hours, whether as credits or debits, in + participation in the ATARES program under paragraph (1)(B) may + not exceed 500 hours. The Department of Defense's balance of + executed flight hours for air refueling in the ATARES program + under paragraph (1)(B) may not exceed 200 hours. + (b) Written Arrangement or Agreement.-- + (1) Arrangement or agreement required.--The participation + of the Department of Defense in the ATARES or exchange like + program under subsection (a) shall be in accordance with a + written arrangement or agreement entered into by the Secretary + of Defense, with the concurrence of the Secretary of State. + (2) Funding arrangements.--If Department of Defense + facilities, equipment, or funds are used to support the ATARES + program, the written arrangement or agreement under paragraph + (1) shall specify the details of any equitable cost-sharing or + other funding arrangement. + (3) Other elements.--Any written arrangement or agreement + entered into under paragraph (1) shall require that any accrued + credits and liabilities resulting from an unequal exchange or + transfer of air transportation or air refueling services shall + be liquidated, not less than once every 5 years, through the + ATARES program. + (c) Implementation.--In carrying out any written arrangement or +agreement entered into under subsection (b), the Secretary of Defense +may-- + (1) pay the Department of Defense's equitable share of the + operating expenses of the Center and the ATARES program from + funds available to the Department of Defense for operation and + maintenance; and + (2) assign members of the Armed Forces or Department of + Defense civilian personnel, within billets authorized for the + United States Indo-Pacific Command, to duty at the Center as + necessary to fulfill the Department of Defense obligations + under that arrangement or agreement. + (d) Report.--Not later than March 1, 2021, the Secretary of Defense +shall submit to the congressional defense committees a report that +contains-- + (1) a summary of the coordination structure of the center + and program, and details related to its formation and + implementation; + (2) list of the military services, by country, + participating or seeking to participate in the program; + (3) for each country on the list under paragraph (2), a + description of completed agreements and those still to be + completed with host nations, as applicable; and + (4) any other relevant matters that the Secretary + determines should be included. + +SEC. 1758. ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING + REQUIREMENTS FOR CERTAIN MILITARY TRAINING. + + (a) Establishment of Vetting Procedures.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of Defense shall + establish procedures to vet covered individuals for eligibility + for physical access to Department of Defense installations and + facilities within the United States. + (2) Criteria for procedures.--The procedures established + under paragraph (1) shall include biographic and biometric + screening of covered individuals, continuous review of whether + covered individuals should continue to be authorized for + physical access, biographic checks of the immediate family + members of covered individuals, and any other measures that the + Secretary determines appropriate for vetting. + (3) Collection of information.--The Secretary shall-- + (A) collect the information required to vet + individuals under the procedures established under this + subsection; + (B) as required for the effective implementation of + this section, seek to enter into agreements with the + relevant departments and agencies of the United States + to facilitate the sharing of information in the + possession of such departments and agencies concerning + covered individuals; and + (C) ensure that the initial vetting of covered + individuals is conducted as early and promptly as + practicable, to minimize disruptions to United States + programs to train foreign military students. + (b) Determination Authority.-- + (1) Review of vetting results.--The Secretary shall assign + to an organization within the Department with responsibility + for security and counterintelligence the responsibility of-- + (A) reviewing the results of the vetting of a + covered individual conducted under subsection (a); and + (B) making a recommendation regarding whether such + individual should be given physical access to a + Department of Defense installation or facility. + (2) Negative recommendation.--If the recommendation with + respect to a covered individual under paragraph (1)(B) is that + the individual should not be given physical access to a + Department of Defense installation or facility-- + (A) such individual may only be given such access + if such access is authorized by the Secretary of + Defense or the Deputy Secretary of Defense; and + (B) the Secretary of Defense shall ensure that the + Secretary of State is promptly provided with + notification of such recommendation. + (c) Additional Security Measures.-- + (1) Security measures required.--The Secretary of Defense + shall ensure that-- + (A) all Department of Defense common access cards + issued to foreign nationals in the United States comply + with the credentialing standards issued by the Office + of Personnel Management; + (B) all such common access cards issued to foreign + nationals in the United States include a visual + indicator as required by the standard developed by the + Department of Commerce National Institute of Standards + and Technology; + (C) physical access by covered individuals is + limited, as appropriate, to those Department of Defense + installations or facilities within the United States + directly associated with the training or education or + necessary for such individuals to access authorized + benefits; + (D) a policy is in place covering possession of + firearms on Department of Defense property by covered + individuals; + (E) covered individuals who have been granted + physical access to Department of Defense installations + and facilities are incorporated into the Insider Threat + Program of the Department of Defense; and + (F) covered individuals are prohibited from + transporting, possessing, storing, or using personally + owned firearms on Department of Defense installations + or property consistent with the Secretary of Defense + policy memorandum dated January 16, 2020. + (2) Effective date.--The security measures required under + paragraph (1) shall take effect on the date that is 181 days + after the date of the enactment of this Act. + (3) Notification required.--Upon the establishment of the + security measures required under paragraph (1), the Secretary + of Defense shall submit to the Committees on Armed Services of + the Senate and House of Representatives notice of the + establishment of such security measures. + (d) Reporting Requirements.-- + (1) Briefing requirement.--Not later than 90 days after the + date of the enactment of this Act, the Secretary of Defense + shall provide to the Committee on Armed Services of the Senate + and the Committees on Armed Services and Foreign Affairs of the + House of Representative a briefing on the establishment of any + policy or guidance related to the implementation of this + section. + (2) Report.--Not later than 2 years after the date of the + enactment of this Act, the Secretary of Defense shall submit to + such committees a report on the implementation and effects of + this section. Such report shall include a description of-- + (A) any positive or negative effects on the + training of foreign military students as a result of + this section; + (B) the effectiveness of the vetting procedures + implemented pursuant to this section in preventing harm + to members of the Armed Forces and United States + persons; + (C) any mitigation strategies used to address any + negative effects of the implementation of this section; + and + (D) a proposed plan to mitigate any ongoing + negative effects to the vetting and training of foreign + military students by the Department of Defense. + (3) Report by comptroller general.--Not later than 3 years + after the date of the enactment of this Act, the Comptroller + General of the United States shall submit to Congress an + unclassified report (which may contain a classified annex) on + the safety and security of United States personnel and + international students assigned to United States military bases + participating in programs authorized under chapter 5 of part II + of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) + (relating to international military education and training), + particularly with respect to whether-- + (A) relevant United States diplomatic and consular + personnel properly vet foreign personnel participating + in such programs and entering such bases; + (B) existing screening protocols with respect to + such vetting include counter-terrorism screening and + are sufficiently effective at ensuring the safety and + security of United States personnel and international + students assigned to such bases; and + (C) whether existing screening protocols with + respect to such vetting are in compliance with + applicable requirements of section 362 of title 10, + United States Code, and sections 502B and 620M of the + Foreign Assistance Act of 1961 (22 U.S.C. 2304 and + 2378d). + (e) Vetting Procedures Review for Department of State Regional and +Country Strategies.--The Secretary of State shall ensure that any +comprehensive regional strategy, such as a joint regional strategy or +its equivalent, and any country strategy, such as an integrated country +strategy or its equivalent, that is produced by the Department of State +during the 8-year period beginning on the date that is 2 years after +the date of the enactment of this Act, and each successor strategy to +such strategy during such 8-year period, shall integrate a review of +vetting procedures for diplomatic visas that includes-- + (1) an evaluation of the vetting procedures of diplomatic + and consular posts for issuing visas to diplomats and + government officials; + (2) an analysis of the frequency and regularity of the + review of such procedures; + (3) a description of the methods and resources used to vet + applications for diplomatic visas; + (4) a description of the methodologies employed for + ensuring any such diplomatic visas issued for purposes of + security assistance (as such term is defined for purposes of + section 502B of the Foreign Assistance Act of 1961) are vetted + in compliance with applicable requirements of section 362 of + title 10, United States Code, and sections 502B and 620M of the + Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d); and + (5) a description of the methods and resources used to + conduct recurring reviews of individuals remaining in the + United States for more than one year from the date of the + issuance of a visa, and recurring reviews of individuals + entering the United States on a multi-entry visa over a period + of time longer than 1 year. + (f) Definitions.--In this section: + (1) The term ``covered individual'' means any foreign + national (except foreign nationals of Australia, Canada, New + Zealand, and the United Kingdom who have been granted a + security clearance that is reciprocally accepted by the United + States for access to classified information) who-- + (A) is seeking physical access to a Department of + Defense installation or facility within the United + States; and + (B) is-- + (i) selected, nominated, or accepted for + training or education for a period of more than + 14 days occurring on a Department of Defense + installation or facility within the United + States; or + (ii) an immediate family member + accompanying any foreign national who has been + selected, nominated, or accepted for such + training or education. + (2) The term ``United States'' means the several States, + the District of Columbia, the Commonwealth of Puerto Rico, and + Guam. + (3) The term ``immediate family member'' with respect to + any individual means the parent, step-parent, sibling, step- + sibling, half-sibling, child, or step-child of the individual. + +SEC. 1759. WOMEN, PEACE, AND SECURITY ACT IMPLEMENTATION. + + (a) Sense of Congress.--It is the sense of Congress that +$15,000,000 annually is an appropriate allocation of funding to be made +available for activities consistent with the Women, Peace, and Security +Act of 2017 (Public Law 115-68; 131 Stat. 1202) and with any guidance +specified in this section, in order to fully implement such Act and in +furtherance of the national security priorities of the United States. + (b) In General.--During the period beginning on the date of the +enactment of this Act and ending on September 30, 2025, the Secretary +of Defense shall carry out activities consistent with the Women, Peace, +and Security Act of 2017 and with the guidance specified in this +section, including by carrying out-- + (1) any Defense-wide directives and programs that advance + the implementation of the Women, Peace, and Security Act of + 2017, including directives relating to military doctrine, + programs that are applicable across the Department, and + programs that are specific to a combatant command; + (2) the hiring and training of full-time equivalent + personnel as gender advisors of the Department; + (3) the integration of gender analysis into training for + military personnel across ranks, to include special emphasis on + senior level training and support for women, peace, and + security; and + (4) security cooperation activities that further implement + the Women, Peace, and Security Act of 2017. + (c) Security Cooperation Activities.--Consistent with the Women, +Peace, and Security Act of 2017, the Secretary of Defense, in +coordination with the Secretary of State, shall incorporate gender +analysis and participation by women into security cooperation +activities conducted with the national security forces of foreign +countries pursuant to subsection (b)(4), including by-- + (1) incorporating gender analysis (including data + disaggregated by sex) and priorities for women, peace, and + security into educational, training, and capacity-building + materials and programs, including as authorized by section 333 + of title 10, United States Code; + (2) advancing and advising on the recruitment, employment, + development, retention, and promotion of women in the national + security forces of such foreign countries, including by-- + (A) identifying available military career + opportunities for women; + (B) promoting such career opportunities among women + and girls; + (C) promoting the skills necessary for such + careers; + (D) encouraging the interest of women and girls in + such careers, including by highlighting as role models + women in such careers in the United States or in + applicable foreign countries; and + (E) advising on best practices to prevent the + harassment and abuse of women serving in the national + security forces of such foreign countries; + (3) incorporating training and advising to address sexual + harassment and abuse against women within such national + security forces; + (4) integrating gender analysis into policy and planning; + (5) ensuring any infrastructure constructed pursuant to the + security cooperation activity addresses the requirements of + women serving in such national security forces, including by + addressing appropriate equipment; and + (6) including Department of Defense personnel who are women + in security cooperation activities of the United States + conducted abroad. + (d) Partner Country Assessments.--The Secretary of Defense shall +include in any partner country assessment conducted in the course of +carrying out security cooperation activities specified in subsection +(b)(4) consideration of any barriers or opportunities with respect to +women in the national security forces of such partner countries, +including any barriers or opportunities relating to-- + (1) protections against exploitation, abuse, and + harassment; or + (2) recruitment, employment, development, retention, or + promotion of the women. + (e) Pilot Program.-- + (1) In general.--The Secretary of Defense, in coordination + with the Secretary of State-- + (A) shall direct and carry out a pilot program to + conduct partner country assessments referred to in + subsection (d) on barriers to the participation of + women in the national security forces of participating + partner countries (in this subsection referred to as a + ``pilot barrier assessment''); + (B) in carrying out such pilot program, shall seek + to enter into contracts with nonprofit organizations or + federally funded research and development centers + independent of the Department of Defense for the + purpose of conducting the pilot barrier assessments; + and + (C) after a pilot barrier assessment is conducted, + shall-- + (i) review the methods of research and + analysis used by any entity contracted with + pursuant to subparagraph (B) in conducting such + assessment and identify lessons learned from + the review; and + (ii) assess the ability of the Department + of Defense to conduct future pilot barrier + assessments without entering into a contract + pursuant to subparagraph (B), including by + assessing potential costs and benefits for the + Department that may arise from conducting such + future assessments. + (2) Selection of countries.-- + (A) In general.--The Secretary of Defense, in + consultation with the commanders of the combatant + commands and relevant United States ambassadors, shall + select one partner country from within the geographic + area of responsibility of each geographic combatant + command for participation in the pilot program. + (B) Consideration.--In making the selection under + subparagraph (A), the demonstrated political commitment + of the partner country to increasing the participation + of women in the security sector and the national + security priorities and theater campaign strategies of + the United States shall be considered. + (3) Pilot barrier assessment.--A pilot barrier assessment + under this subsection shall be-- + (A) adapted to the local context of the partner + country being assessed; + (B) conducted in collaboration with the security + sector of the partner country being assessed; and + (C) based on tested methodologies. + (4) Findings.-- + (A) In general.--The Secretary of Defense should + use findings from each pilot barrier assessment to + inform effective security cooperation activities and + security sector assistance interventions by the United + States in the partner country assessed. Such activities + and interventions shall substantially increase + opportunities for the recruitment, employment, + development, retention, deployment, and promotion of + women in the national security forces of such partner + country (including for deployments to peace operations + and for participation in counterterrorism operations + and activities). + (B) Model methodology.--The Secretary of Defense, + in coordination with the Secretary of State, shall + develop a model barrier assessment methodology from the + findings of the pilot program for use across the + geographic combatant commands. + (5) Reports on pilot program.-- + (A) Initial report.--Not later than 2 years after + the date of the enactment of this Act, the Secretary of + Defense, in coordination with the Secretary of State, + shall submit to the appropriate committees of Congress + an initial report on the implementation of the pilot + program under this subsection, including an + identification of the partner counties selected for + participation in the program and the justifications for + such selections. + (B) Update to report.--Not later than 2 years after + the date on which the initial report under subparagraph + (A) is submitted, the Secretary of Defense, in + coordination with the Secretary of State, shall submit + to the appropriate committees of Congress an update to + the initial report. + (C) Report on methodology.--On the date on which + the Secretary of Defense determines the pilot program + to be complete, the Secretary of Defense, in + coordination with the Secretary of State, shall submit + to the appropriate committees of Congress a report on + the model barrier assessment methodology developed + under paragraph (4)(B). + (f) Building United States Capacity.-- + (1) Military service academies.--Consistent with subsection + (c)(6), the Secretary of Defense shall make every effort to + encourage the admission of diverse individuals (including + individuals who are women) to each military service academy, + including by-- + (A) establishing programs that hold commanding + officers accountable for removing biases with respect + to such individuals; + (B) ensuring that each military service academy + fosters a zero tolerance environment for harassment + towards such individuals; and + (C) ensuring that each military service academy + fosters equal opportunities for growth that enable the + full participation of such individuals in all training + programs, career tracks, and elements of the + Department, especially in elements of the Armed Forces + previously closed to women, such as infantry and + special operations forces. + (2) Partnerships with schools and nonprofit + organizations.--The Secretary of Defense shall make every + effort to enter into partnerships with elementary schools, + secondary schools, postsecondary educational institutions, and + nonprofit organizations, to support activities relating to the + implementation of the Women, Peace, and Security Act of 2017. + (g) Standardization of Policies.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of Defense shall + initiate a process to standardize policies relating to women, + peace, and security across the Department of Defense. + (2) Roles, responsibilities, and requirements.--In carrying + out the process initiated under paragraph (1), the Secretary + shall establish roles, responsibilities, and requirements for + gender advisors, gender focal points, and women, peace, and + security subject matter experts, including with respect to + commander and senior official-level engagement and support for + women, peace, and security commitments. + (h) Department Education, and Training.--The Secretary of Defense +shall-- + (1) integrate gender analysis into relevant training for + all members of the Armed Forces and civilian employees of the + Department of Defense; + (2) develop standardized training, across the Department, + for gender advisors, gender focal points, and women, peace, and + security subject matter experts; + (3) ensure that gender analysis and the meaningful + participation of women and their relationship to security + outcomes is addressed in professional military education + curriculum; and + (4) build the capacity of the Department to conduct the + partner country assessments referred to in subsection (d). + (i) Briefing.--Not later than 1 year after the date of the +enactment of this Act, the Director of the Defense Security Cooperation +Agency shall provide a briefing to the appropriate committees of +Congress on the efforts to build partner defense institution and +security force capacity pursuant to this section. + (j) Reports.--During the period beginning on the date of the +enactment and ending on January 1, 2025, on a basis that is not less +frequently than annually, the Secretary of Defense shall submit to the +appropriate committees of Congress reports on the steps the Department +has taken to implement the Women, Peace, and Security Act of 2017, +including with respect to activities carried out under this section. + (k) Definitions.--In this section: + (1) The term ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services and the + Committee on Foreign Affairs of the House of + Representatives; and + (B) the Committee on Armed Services and the + Committee on Foreign Relations of the Senate. + (2) The term ``gender analysis'' has the meaning given that + term in the Women's Entrepreneurship and Economic Empowerment + Act of 2018 (Public Law 115-428; 132 Stat. 5509). + (3) The terms ``elementary school'' and ``secondary + school'' have the meanings given those terms in section 8101 of + the Elementary and Secondary Education Act of 1965 (20 U.S.C. + 7801). + (4) The term ``postsecondary educational institution'' has + the meaning given that term in section 3 of the Carl D. Perkins + Career and Technical Education Act of 2006 (20 U.S.C. 2302). + +SEC. 1760. DEVELOPING CRISIS CAPABILITIES TO MEET NEEDS FOR HOMELAND + SECURITY-CRITICAL SUPPLIES. + + (a) In General.--The Secretary of Homeland Security shall +coordinate with the Secretary of Health and Human Services, the +Administrator of the Environmental Protection Agency, and the heads of +other relevant Federal departments and agencies-- + (1) to identify categories of homeland security-critical + supplies that would be needed to address potential national + emergencies or disasters, including any public health + emergency, act of terrorism (as defined in section 3077 of + title 18, United States Code), cyber attack, and other attack; + (2) to develop plans, designs, and guidance relating to the + production, in accordance with other applicable law, of the + categories of homeland security-critical supplies identified + pursuant to paragraph (1) to address the respective national + emergencies and disasters, including such production by + nontraditional manufacturers; and + (3) based on such final plans, designs, and guidance, to + enter into such contingent arrangements with governmental and + private entities, in accordance with other applicable law, as + may be necessary to expedite the production of homeland + security-critical supplies in the event of a national emergency + or disaster. + (b) Process.--In coordinating the development or revision of a +plan, design, or guidance with respect to any homeland security- +critical supply under this section: + (1) The Secretary of Homeland Security shall give each + Federal department or agency with responsibility for regulating + the supply an opportunity-- + (A) to contribute to the development or revision of + the plan, design, or guidance; and + (B) to approve or disapprove the plan, design, or + guidance under regulations appropriate to approving the + supply for emergency or disaster use. + (2) If a Federal department or agency with responsibility + for regulating the homeland security-critical supply + disapproves of the plan, design, or guidance with respect to + the supply, the head of the disapproving department or agency + shall provide to the Secretary of Homeland Security the + rationale for the disapproval. + (3) The Secretary of Homeland Security may-- + (A) if no Federal department or agency disapproves + a plan, design, or guidance as described in paragraphs + (1)(B) and (2), finalize the plan, design, or guidance + for purposes of subsections (a)(3) and (c); and + (B) if a Federal department or agency does + disapprove a plan, design, or guidance as described in + paragraphs (1)(B) and (2), provide an updated plan, + design, or guidance for review and approval or + disapproval in accordance with paragraphs (1) and (2). + (c) Public Posting.--The Secretary of Homeland Security shall +publish each final plan, design, or guidance that is developed under +this section on a public Internet website, except that the Secretary +may withhold publication of, or redact information from the publication +of, a plan, design, or guidance if-- + (1) publicly posting the information would not be in the + interest of homeland security; + (2) the information is protected from public disclosure by + other applicable law; or + (3) the information is protected from public disclosure by + contract. + (d) Relation to Other Law.--Nothing in this section shall be +construed to expand, repeal, limit, or otherwise affect the provisions +of other applicable law pertaining to the regulation of a homeland +security-critical supply. + (e) Biennial Review.--Not less than every 2 years, in accordance +with subsections (a) through (e), the Secretary of Homeland Security +shall coordinate the review and, as needed, revision of each plan, +design, and guidance in effect under this section. + (f) Definition.--In this section: + (1) The term ``homeland security-critical supply''-- + (A) means any supply needed to ensure public safety + and welfare during-- + (i) a national emergency or disaster, + including any public health emergency, act of + terrorism (as defined in section 3077 of title + 18, United States Code), cyber attack, and + other attack; or + (ii) any other reasonably foreseeable + contingency of grave consequence to the United + States during which shortages are reasonably + anticipated; and + (B) includes a vaccine, a medication, medical + equipment, and personal protective equipment. + (2) The term ``nontraditional manufacturer'' may include + (as determined by the Secretary)-- + (A) a home craftsperson; + (B) a distiller; + (C) a cosmetic manufacturer; + (D) a manufacturing facility primarily designed for + an industry other than manufacturing homeland security- + critical supplies; + (E) an institution of higher education; + (F) an advanced manufacturing facility; + (G) a machine shop; and + (H) a research laboratory. + +SEC. 1761. ESTABLISHMENT OF WESTERN EMERGENCY REFINED PETROLEUM + PRODUCTS RESERVE. + + (a) Establishment.--The Secretary of Defense, acting through the +Director of the Defense Logistics Agency, shall establish a reserve, to +be known as the ``Western Emergency Refined Petroleum Products +Reserve'' (in this section referred to as the ``Reserve''), to store +refined petroleum products that may be made available to military and +governmental entities during an emergency situation, as determined +appropriate by the Secretary of Defense. + (b) Use of Reserve.--In accordance with subsection (a), the +Secretary of Defense may make refined petroleum products stored in the +Reserve available to other Federal agencies, State and local +governments, and any other public entity determined appropriate by the +Secretary of Defense. + (c) Reimbursement.--The Secretary of Defense shall require +reimbursement for associated costs for storage capacity or refined +petroleum products made available to other Federal agencies, State or +local governments, or any other public entity pursuant to this section. + (d) Location.--The Reserve shall-- + (1) be located in the western region of the United States; + (2) utilize salt cavern storage; and + (3) be in immediate proximity to existing pipeline, rail, + and highway infrastructure. + (e) Condition on Commencement.--Commencement of the program shall +be subject to the availability of appropriations for the program. + +SEC. 1762. FOREIGN STATE COMPUTER INTRUSIONS. + + (a) In General.--Chapter 97 of title 28, United States Code, is +amended by inserting after section 1605B the following: +``Sec. 1605C. Computer intrusions by a foreign state + ``A foreign state shall not be immune from the jurisdiction of the +courts of the United States or of the States in any case not otherwise +covered by this chapter in which money damages are sought against a +foreign state by a national of the United States for personal injury, +harm to reputation, or damage to or loss of property resulting from any +of the following activities, whether occurring in the United States or +a foreign state: + ``(1) Unauthorized access to or access exceeding + authorization to a computer located in the United States. + ``(2) Unauthorized access to confidential, electronic + stored information located in the United States. + ``(3) The transmission of a program, information, code, or + command to a computer located in the United States, which, as a + result of such conduct, causes damage without authorization. + ``(4) The use, dissemination, or disclosure, without + consent, of any information obtained by means of any activity + described in paragraph (1), (2), or (3). + ``(5) The provision of material support or resources for + any activity described in paragraph (1), (2), (3), or (4), + including by an official, employee, or agent of such foreign + state.''. + (b) Clerical Amendment.--The table of sections for chapter 97 of +title 28, United States Code, is amended by inserting after the item +relating to section 1605B the following: + +``1605C. Computer intrusions by a foreign state.''. + (c) Application.--This section and the amendments made by this +section shall apply to any action pending on or filed on or after the +date of the enactment of this Act. + +SEC. 1763. ONLINE AND DISTANCE EDUCATION CLASSES AND NONIMMIGRANT + VISAS. + + (a) In General.--Notwithstanding any other provision of law, for +the period described in subsection (b), a nonimmigrant described in +subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration +and Nationality Act (8 U.S.C. 1101(a)(15)) may engage in online or +distance education classes or programs that are determined necessary by +an institution or program described in such subparagraph for the +protection of health and safety, and such classes or programs shall +count towards the requirement to pursue a full course of study to +maintain nonimmigrant status. + (b) Period Described.--The period described in this section-- + (1) begins on March 13, 2020; and + (2) ends on the date that is the later of-- + (A) June 30, 2021; or + (B) the date that is 90 days after the date on + which the public health emergency declared with respect + to COVID-19 by the Secretary of Health and Human + Services under section 319 of the Public Health Service + Act (42 U.S.C. 247d) is terminated. + +SEC. 1764. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SECRETARY OF + VETERANS AFFAIRS FOR MAINTENANCE BY NATIONAL CEMETERY + ADMINISTRATION. + + (a) Agreement.--Beginning on the date that is 180 days after the +date on which the Secretary submits the report required by subsection +(c)(1), the Secretary of Veterans Affairs shall seek to enter into an +agreement with the city of Vallejo, California, under which the city of +Vallejo shall transfer to the Secretary all right, title, and interest +in the Mare Island Naval Cemetery in Vallejo, California, at no cost to +the Secretary. The Secretary shall seek to enter into such agreement +before the date that is 1 year after the date on which such report is +submitted. + (b) Maintenance by National Cemetery Administration.--If the Mare +Island Naval Cemetery is transferred to the Secretary of Veterans +Affairs pursuant to subsection (a), the National Cemetery +Administration shall maintain the cemetery as a national shrine. + (c) Report.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report + on the feasibility and advisability of exercising the authority + granted by subsection (a). + (2) Contents.--The report submitted under paragraph (1) + shall include the following: + (A) An assessment of the feasibility and + advisability of exercising the authority granted by + subsection (a). + (B) An estimate of the costs, including both direct + and indirect costs, that the Department of Veterans + Affairs would incur by exercising such authority. + +SEC. 1765. MITIGATION OF HELICOPTER NOISE. + + (a) In General.--The Secretary of Defense shall take the following +actions to mitigate helicopter noise and to receive, track, and analyze +complaints on an ongoing basis from individuals in the National Capital +Region: + (1) Develop a noise inquiry website, to assist in directing + mitigation efforts toward concentrated areas of inquiry, that + is based off of the websites of the Ronald Reagan Washington + National Airport and the Dulles International Airport. Such + website shall-- + (A) provide a form to collect inquiry information; + (B) geo-tag the location of the inquiry to an + exportable map; + (C) export information to an Excel spreadsheet; and + (D) send an email response to the individual making + the inquiry. + (2) Establish a helicopter noise abatement working group + led by the Department of Defense to collect, correlate, and + identify trends associated with helicopter noise within the + National Capital Region, with officials of the Department of + Defense and the Federal Aviation Administration in attendance. + The working group shall recommend procedural changes to + mitigate the impact of helicopter noise on the community only + to the extent consistent with aviation safety and airspace + efficiency and while sustaining aircrew readiness, training, + and mission support. + (b) Definition of National Capital Region.--In this section, the +term ``National Capital Region'' has the meaning given the term in +section 2574 of title 10, United States Code. + +SEC. 1766. DEPARTMENT OF DEFENSE SUPPORT FOR CERTAIN SPORTING EVENTS. + + Section 2564 of title 10, United States Code, is amended-- + (1) in subsection (a), by inserting ``the Paralympics,'' + after ``the Olympics,''; and + (2) in subsection (c)-- + (A) in the subsection heading, by striking + ``Inapplicability to'' and inserting ``Support of''; + (B) by striking ``Subsections (a) and (b) do not + apply to'' and inserting ``The Secretary of Defense may + authorize technical, contracting, and specialized + equipment support to''; + (C) in paragraph (4), by inserting ``and + Paralympic'' after ``Olympic''; and + (D) in paragraph (5)(A)(iii), by inserting ``and + Paralympic'' after ``Olympic''. + +SEC. 1767. PILOT PROGRAM FOR ONLINE REAL ESTATE INVENTORY TOOL. + + (a) In General.--The Secretary of the Army in consultation with +Administrator of the General Services Administration and Assistant +Secretary of Defense for Sustainment shall establish a pilot program +for developing an online real estate tool of existing inventory of +space available at Army installations. + (b) Purpose.--The purpose of the online inventory tool is to-- + (1) achieve efficiencies in real estate property management + consistent with the National Defense Strategy goal of finding + greater efficiencies within the Department of Defense + operations; + (2) provide a public tool to better market space available + at Army installations for better utilization of existing space; + and + (3) provide a tool to better quantify existing space and + how it is utilize for current missions and requirements. + (c) Considerations.--The Secretary of the Army shall consider-- + (1) innovative approaches to establishing this pilot + program including use of other transaction authorities + consistent with section 2371 of title 10, United States Code, + as well as use of commercial off-the-shelf technologies; + (2) developing appropriate protections of sensitive or + classified information from being included with the online + inventory tool; and + (3) developing appropriate levels of access for private + sector users of the system. + (d) Establishment of Policy.--After the pilot program has been +established and locations identified, the Secretary of the Army shall +develop policy requiring the use of the system described in subsection +(a) to query for existing inventory before any military construction or +off-post leases are agreed to. The Secretary of the Army shall ensure +that all relevant notifications to congressional defense committees +include certification that the system in subsection (a) was queried. + (e) Rule of Construction.--Nothing in this section shall be +construed to effect the application of title V of the McKinney-Vento +Homeless Assistance Act (42 U.S.C. 11411 et seq.). + +SEC. 1768. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL COMMISSION. + + (a) Establishment.--Section 15301(a) of title 40, United States +Code, is amended by adding at the end the following: + ``(4) The Southern New England Regional Commission.''. + (b) Designation of Region.-- + (1) In general.--Subchapter II of chapter 157 of such title + is amended by adding at the end the following: +``Sec. 15734. Southern New England Regional Commission + ``The region of the Southern New England Regional Commission shall +include the following counties: + ``(1) Rhode island.--The counties of Providence, + Washington, Newport, and Bristol in the State of Rhode Island. + ``(2) Connecticut.--The counties of Hartford, New Haven, + and New London in the State of Connecticut. + ``(3) Massachusetts.--The counties of Hampden and Bristol + in the State of Massachusetts.''. + (2) Technical and conforming amendment.--The analysis for + Subchapter II of chapter 157 of such title is amended by adding + at the end the following: + +``15734. Southern New England Regional Commission.''. + (c) Authorization of Appropriations.--The authorization of +appropriations in section 15751 of title 40, United States Code, shall +apply with respect to the Southern New England Regional Commission +beginning with fiscal year 2021. + +SEC. 1769. FEDRAMP AUTHORIZATION ACT. + + (a) Short Title.--This section may be cited as the ``Federal Risk +and Authorization Management Program Authorization Act of 2020'' or the +``FedRAMP Authorization Act''. + (b) Codification of the FedRAMP Program.-- + (1) Amendment.--Chapter 36 of title 44, United States Code, + is amended by adding at the end the following new sections: +``Sec. 3607. Federal Risk and Authorization Management Program + ``(a) Establishment.--There is established within the General +Services Administration the Federal Risk and Authorization Management +Program. The Administrator of General Services, in accordance with the +guidelines established pursuant to section 3612, shall establish a +governmentwide program that provides the authoritative standardized +approach to security assessment and authorization for cloud computing +products and services that process unclassified information used by +agencies. + ``(b) Components of Fedramp.--The Joint Authorization Board and the +FedRAMP Program Management Office are established as components of +FedRAMP. +``Sec. 3608. FedRAMP Program Management Office + ``(a) GSA Duties.-- + ``(1) Roles and responsibilities.--The Administrator of + General Services shall-- + ``(A) determine the categories and characteristics + of cloud computing information technology goods or + services that are within the jurisdiction of FedRAMP + and that require FedRAMP authorization from the Joint + Authorization Board or the FedRAMP Program Management + Office; + ``(B) develop, coordinate, and implement a process + for the FedRAMP Program Management Office, the Joint + Authorization Board, and agencies to review security + assessments of cloud computing services pursuant to + subsections (b) and (c) of section 3611, and + appropriate oversight of continuous monitoring of cloud + computing services; and + ``(C) ensure the continuous improvement of FedRAMP. + ``(2) Implementation.--The Administrator shall oversee the + implementation of FedRAMP, including-- + ``(A) appointing a Program Director to oversee the + FedRAMP Program Management Office; + ``(B) hiring professional staff as may be necessary + for the effective operation of the FedRAMP Program + Management Office, and such other activities as are + essential to properly perform critical functions; + ``(C) entering into interagency agreements to + detail personnel on a reimbursable or non-reimbursable + basis to assist the FedRAMP Program Management Office + and the Joint Authorization Board in discharging the + responsibilities of the Office under this section; and + ``(D) such other actions as the Administrator may + determine necessary to carry out this section. + ``(b) Duties.--The FedRAMP Program Management Office shall have the +following duties: + ``(1) Provide guidance to independent assessment + organizations, validate the independent assessments, and apply + the requirements and guidelines adopted in section 3609(c)(5). + ``(2) Oversee and issue guidelines regarding the + qualifications, roles, and responsibilities of independent + assessment organizations. + ``(3) Develop templates and other materials to support the + Joint Authorization Board and agencies in the authorization of + cloud computing services to increase the speed, effectiveness, + and transparency of the authorization process, consistent with + standards defined by the National Institute of Standards and + Technology. + ``(4) Establish and maintain a public comment process for + proposed guidance before the issuance of such guidance by + FedRAMP. + ``(5) Issue FedRAMP authorization for any authorizations to + operate issued by an agency that meets the requirements and + guidelines described in paragraph (1). + ``(6) Establish frameworks for agencies to use + authorization packages processed by the FedRAMP Program + Management Office and Joint Authorization Board. + ``(7) Coordinate with the Secretary of Defense and the + Secretary of Homeland Security to establish a framework for + continuous monitoring and reporting required of agencies + pursuant to section 3553. + ``(8) Establish a centralized and secure repository to + collect and share necessary data, including security + authorization packages, from the Joint Authorization Board and + agencies to enable better sharing and reuse to such packages + across agencies. + ``(c) Evaluation of Automation Procedures.-- + ``(1) In general.--The FedRAMP Program Management Office + shall assess and evaluate available automation capabilities and + procedures to improve the efficiency and effectiveness of the + issuance of provisional authorizations to operate issued by the + Joint Authorization Board and FedRAMP authorizations, including + continuous monitoring of cloud environments and among cloud + environments. + ``(2) Means for automation.--Not later than 1 year after + the date of the enactment of this section and updated annually + thereafter, the FedRAMP Program Management Office shall + establish a means for the automation of security assessments + and reviews. + ``(d) Metrics for Authorization.--The FedRAMP Program Management +Office shall establish annual metrics regarding the time and quality of +the assessments necessary for completion of a FedRAMP authorization +process in a manner that can be consistently tracked over time in +conjunction with the periodic testing and evaluation process pursuant +to section 3554 in a manner that minimizes the agency reporting burden. +``Sec. 3609. Joint Authorization Board + ``(a) Establishment.--There is established the Joint Authorization +Board which shall consist of cloud computing experts, appointed by the +Director in consultation with the Administrator, from each of the +following: + ``(1) The Department of Defense. + ``(2) The Department of Homeland Security. + ``(3) The General Services Administration. + ``(4) Such other agencies as determined by the Director, in + consultation with the Administrator. + ``(b) Issuance of Provisional Authorizations To Operate.--The Joint +Authorization Board shall conduct security assessments of cloud +computing services and issue provisional authorizations to operate to +cloud service providers that meet FedRAMP security guidelines set forth +in section 3608(b)(1). + ``(c) Duties.--The Joint Authorization Board shall-- + ``(1) develop and make publicly available on a website, + determined by the Administrator, criteria for prioritizing and + selecting cloud computing services to be assessed by the Joint + Authorization Board; + ``(2) provide regular updates on the status of any cloud + computing service during the assessment and authorization + process of the Joint Authorization Board; + ``(3) review and validate cloud computing services and + independent assessment organization security packages or any + documentation determined to be necessary by the Joint + Authorization Board to evaluate the system security of a cloud + computing service; + ``(4) in consultation with the FedRAMP Program Management + Office, serve as a resource for best practices to accelerate + the FedRAMP process; + ``(5) establish requirements and guidelines for security + assessments of cloud computing services, consistent with + standards defined by the National Institute of Standards and + Technology, to be used by the Joint Authorization Board and + agencies; + ``(6) perform such other roles and responsibilities as the + Administrator may assign, in consultation with the FedRAMP + Program Management Office and members of the Joint + Authorization Board; and + ``(7) establish metrics and goals for reviews and + activities associated with issuing provisional authorizations + to operate and provide to the FedRAMP Program Management + Office. + ``(d) Determinations of Demand for Cloud Computing Services.--The +Joint Authorization Board shall consult with the Chief Information +Officers Council established in section 3603 to establish a process for +prioritizing and accepting the cloud computing services to be granted a +provisional authorization to operate through the Joint Authorization +Board, which shall be made available on a public website. + ``(e) Detail of Personnel.--To assist the Joint Authorization Board +in discharging the responsibilities under this section, personnel of +agencies may be detailed to the Joint Authorization Board for the +performance of duties described under subsection (c). +``Sec. 3610. Independent assessment organizations + ``(a) Requirements for Accreditation.--The Joint Authorization +Board shall determine the requirements for certification of independent +assessment organizations pursuant to section 3609. Such requirements +may include developing or requiring certification programs for +individuals employed by the independent assessment organizations who +lead FedRAMP assessment teams. + ``(b) Assessment.--Accredited independent assessment organizations +may assess, validate, and attest to the quality and compliance of +security assessment materials provided by cloud service providers. +``Sec. 3611. Roles and responsibilities of agencies + ``(a) In General.--In implementing the requirements of FedRAMP, the +head of each agency shall, consistent with guidance issued by the +Director pursuant to section 3612-- + ``(1) create policies to ensure cloud computing services + used by the agency meet FedRAMP security requirements and other + risk-based performance requirements as defined by the Director; + ``(2) issue agency-specific authorizations to operate for + cloud computing services in compliance with section 3554; + ``(3) confirm whether there is a provisional authorization + to operate in the cloud security repository established under + section 3608(b)(10) issued by the Joint Authorization Board or + a FedRAMP authorization issued by the FedRAMP Program + Management Office before beginning an agency authorization for + a cloud computing product or service; + ``(4) to the extent practicable, for any cloud computing + product or service the agency seeks to authorize that has + received either a provisional authorization to operate by the + Joint Authorization Board or a FedRAMP authorization by the + FedRAMP Program Management Office, use the existing assessments + of security controls and materials within the authorization + package; and + ``(5) provide data and information required to the Director + pursuant to section 3612 to determine how agencies are meeting + metrics as defined by the FedRAMP Program Management Office. + ``(b) Submission of Policies Required.--Not later than 6 months +after the date of the enactment of this section, the head of each +agency shall submit to the Director the policies created pursuant to +subsection (a)(1) for review and approval. + ``(c) Submission of Authorizations To Operate Required.--Upon +issuance of an authorization to operate or a provisional authorization +to operate issued by an agency, the head of each agency shall provide a +copy of the authorization to operate letter and any supplementary +information required pursuant to section 3608(b) to the FedRAMP Program +Management Office. + ``(d) Presumption of Adequacy.-- + ``(1) In general.--The assessment of security controls and + materials within the authorization package for provisional + authorizations to operate issued by the Joint Authorization + Board and agency authorizations to operate that receive FedRAMP + authorization from the FedRAMP Program Management Office shall + be presumed adequate for use in agency authorizations of cloud + computing products and services. + ``(2) Information security requirements.--The presumption + under paragraph (1) does not modify or alter the responsibility + of any agency to ensure compliance with subchapter II of + chapter 35 for any cloud computing products or services used by + the agency. +``Sec. 3612. Roles and responsibilities of the Office of Management and + Budget + ``The Director shall have the following duties: + ``(1) Issue guidance to ensure that an agency does not + operate a Federal Government cloud computing service using + Government data without an authorization to operate issued by + the agency that meets the requirements of subchapter II of + chapter 35 and FedRAMP. + ``(2) Ensure agencies are in compliance with any guidance + or other requirements issued related to FedRAMP. + ``(3) Review, analyze, and update guidance on the adoption, + security, and use of cloud computing services used by agencies. + ``(4) Ensure the Joint Authorization Board is in compliance + with section 3609(c). + ``(5) Adjudicate disagreements between the Joint + Authorization Board and cloud service providers seeking a + provisional authorization to operate through the Joint + Authorization Board. + ``(6) Promulgate regulations on the role of FedRAMP + authorization in agency acquisition of cloud computing products + and services that process unclassified information. +``Sec. 3613. Authorization of appropriations for FEDRAMP + ``There is authorized to be appropriated $20,000,000 each year for +the FedRAMP Program Management Office and the Joint Authorization +Board. +``Sec. 3614. Reports to Congress + ``Not later than 12 months after the date of the enactment of this +section, and annually thereafter, the Director shall submit to the +Committee on Oversight and Reform of the House of Representatives and +the Committee on Homeland Security and Governmental Affairs of the +Senate a report that includes the following: + ``(1) The status, efficiency, and effectiveness of FedRAMP + Program Management Office and agencies during the preceding + year in supporting the speed, effectiveness, sharing, reuse, + and security of authorizations to operate for cloud computing + products and services, including progress towards meeting the + metrics adopted by the FedRAMP Program Management Office + pursuant to section 3608(d) and the Joint Authorization Board + pursuant to section 3609(c)(5). + ``(2) Data on agency use of provisional authorizations to + operate issued by the Joint Authorization Board and agency + sponsored authorizations that receive FedRAMP authorization by + the FedRAMP Program Management Office. + ``(3) The length of time for the Joint Authorization Board + to review applications for and issue provisional authorizations + to operate. + ``(4) The length of time for the FedRAMP Program Management + Office to review agency applications for and issue FedRAMP + authorization. + ``(5) The number of provisional authorizations to operate + issued by the Joint Authorization Board and FedRAMP + authorizations issued by the FedRAMP Program Management Office + for the previous year. + ``(6) A review of progress made during the preceding year + in advancing automation techniques to securely automate FedRAMP + processes and to accelerate reporting as described in this + section. + ``(7) The number and characteristics of authorized cloud + computing services in use at each agency consistent with + guidance provided by the Director in section 3612. +``Sec. 3615. Federal Secure Cloud Advisory Committee + ``(a) Establishment, Purposes, and Duties.-- + ``(1) Establishment.--There is established a Federal Secure + Cloud Advisory Committee (referred to in this section as the + `Committee') to ensure effective and ongoing coordination of + agency adoption, use, authorization, monitoring, acquisition, + and security of cloud computing products and services to enable + agency mission and administrative priorities. + ``(2) Purposes.--The purposes of the Committee are the + following: + ``(A) To examine the operations of FedRAMP and + determine ways that authorization processes can + continuously be improved, including the following: + ``(i) Measures to increase agency re-use of + provisional authorizations to operate issued by + the Joint Authorization Board. + ``(ii) Proposed actions that can be adopted + to reduce the cost of provisional + authorizations to operate and FedRAMP + authorizations for cloud service providers. + ``(iii) Measures to increase the number of + provisional authorizations to operate or + FedRAMP authorizations for cloud computing + services offered by small businesses (as + defined by section 3(a) of the Small Business + Act (15 U.S.C. 632(a)). + ``(B) Collect information and feedback on agency + compliance with and implementation of FedRAMP + requirements. + ``(C) Serve as a forum that facilitates + communication and collaboration among the FedRAMP + stakeholder community. + ``(3) Duties.--The duties of the Committee are, at a + minimum, the following: + ``(A) Provide advice and recommendations to the + Administrator, the Joint Authorization Board, and to + agencies on technical, financial, programmatic, and + operational matters regarding secure adoption of cloud + computing services. + ``(B) Submit reports as required. + ``(b) Members.-- + ``(1) Composition.--The Committee shall be comprised of not + more than 15 members who are qualified representatives from the + public and private sectors, appointed by the Administrator, in + consultation with the Administrator of the Office of Electronic + Government, as follows: + ``(A) The Administrator or the Administrator's + designee, who shall be the Chair of the Committee. + ``(B) At least one representative each from the + Cybersecurity and Infrastructure Security Agency and + the National Institute of Standards and Technology. + ``(C) At least two officials who serve as the Chief + Information Security Officer within an agency, who + shall be required to maintain such a position + throughout the duration of their service on the + Committee. + ``(D) At least one official serving as Chief + Procurement Officer (or equivalent) in an agency, who + shall be required to maintain such a position + throughout the duration of their service on the + Committee. + ``(E) At least one individual representing an + independent assessment organization. + ``(F) No fewer than five representatives from + unique businesses that primarily provide cloud + computing services or products, including at least two + representatives from a small business (as defined by + section 3(a) of the Small Business Act (15 U.S.C. + 632(a))). + ``(G) At least two other government representatives + as the Administrator determines to be necessary to + provide sufficient balance, insights, or expertise to + the Committee. + ``(2) Deadline for appointment.--Each member of the + Committee shall be appointed not later than 30 days after the + date of the enactment of this Act. + ``(3) Period of appointment; vacancies.-- + ``(A) In general.--Each non-Federal member of the + Committee shall be appointed for a term of 3 years, + except that the initial terms for members may be + staggered 1-, 2-, or 3-year terms to establish a + rotation in which one-third of the members are selected + each year. Any such member may be appointed for not + more than 2 consecutive terms. + ``(B) Vacancies.--Any vacancy in the Committee + shall not affect its powers, but shall be filled in the + same manner in which the original appointment was made. + Any member appointed to fill a vacancy occurring before + the expiration of the term for which the member's + predecessor was appointed shall be appointed only for + the remainder of that term. A member may serve after + the expiration of that member's term until a successor + has taken office. + ``(c) Meetings and Rules of Procedures.-- + ``(1) Meetings.--The Committee shall hold not fewer than + three meetings in a calendar year, at such time and place as + determined by the Chair. + ``(2) Initial meeting.--Not later than 120 days after the + date of the enactment of this section, the Committee shall meet + and begin the operations of the Committee. + ``(3) Rules of procedure.--The Committee may establish + rules for the conduct of the business of the Committee, if such + rules are not inconsistent with this section or other + applicable law. + ``(d) Employee Status.-- + ``(1) In general.--A member of the Committee (other than a + member who is appointed to the Committee in connection with + another Federal appointment) shall not be considered an + employee of the Federal Government by reason of any service as + such a member, except for the purposes of section 5703 of title + 5, relating to travel expenses. + ``(2) Pay not permitted.--A member of the Committee covered + by paragraph (1) may not receive pay by reason of service on + the panel. + ``(e) Applicability to the Federal Advisory Committee Act.-- +Notwithstanding any other provision of law, the Federal Advisory +Committee Act (5 U.S.C. App.) shall apply to the Committee, except that +section 14 of such Act shall not apply. + ``(f) Hearings and Evidence.--The Committee, or on the authority of +the Committee, any subcommittee, may, for the purposes of carrying out +this section, hold hearings, sit and act at such times and places, take +testimony, receive evidence, and administer oaths. + ``(g) Contracting.--The Committee, may, to such extent and in such +amounts as are provided in appropriation Acts, enter into contracts to +enable the Committee to discharge its duties under this section. + ``(h) Information From Federal Agencies.-- + ``(1) In general.--The Committee is authorized to secure + directly from any executive department, bureau, agency, board, + commission, office, independent establishment, or + instrumentality of the Government, information, suggestions, + estimates, and statistics for the purposes of the Committee. + Each department, bureau, agency, board, commission, office, + independent establishment, or instrumentality shall, to the + extent authorized by law, furnish such information, + suggestions, estimates, and statistics directly to the + Committee, upon request made by the Chair, the Chair of any + subcommittee created by a majority of the Committee, or any + member designated by a majority of the Committee. + ``(2) Receipt, handling, storage, and dissemination.-- + Information may only be received, handled, stored, and + disseminated by members of the Committee and its staff + consistent with all applicable statutes, regulations, and + Executive orders. + ``(i) Detail of Employees.--Any Federal Government employee may be +detailed to the Committee without reimbursement from the Committee, and +such detailee shall retain the rights, status, and privileges of his or +her regular employment without interruption. + ``(j) Postal Services.--The Committee may use the United States +mails in the same manner and under the same conditions as agencies. + ``(k) Expert and Consultant Services.--The Committee is authorized +to procure the services of experts and consultants in accordance with +section 3109 of title 5, but at rates not to exceed the daily rate paid +a person occupying a position at Level IV of the Executive Schedule +under section 5315 of title 5. + ``(l) Reports.-- + ``(1) Interim reports.--The Committee may submit to the + Administrator and Congress interim reports containing such + findings, conclusions, and recommendations as have been agreed + to by the Committee. + ``(2) Annual reports.--Not later than 18 months after the + date of the enactment of this section, and annually thereafter, + the Committee shall submit to the Administrator and Congress a + final report containing such findings, conclusions, and + recommendations as have been agreed to by the Committee. +``Sec. 3616. Definitions + ``(a) In General.--Except as provided under subsection (b), the +definitions under sections 3502 and 3552 apply to sections 3607 through +this section. + ``(b) Additional Definitions.--In sections 3607 through this +section: + ``(1) Administrator.--The term `Administrator' means the + Administrator of General Services. + ``(2) Authorization package.--The term `authorization + package'-- + ``(A) means the essential information used to + determine whether to authorize the operation of an + information system or the use of a designated set of + common controls; and + ``(B) at a minimum, includes the information system + security plan, privacy plan, security control + assessment, privacy control assessment, and any + relevant plans of action and milestones. + ``(3) Cloud computing.--The term `cloud computing' has the + meaning given that term by the National Institutes of Standards + and Technology in NIST Special Publication 800-145 and any + amendatory or superseding document thereto. + ``(4) Cloud service provider.--The term `cloud service + provider' means an entity offering cloud computing services to + agencies. + ``(5) Director.--The term `Director' means the Director of + the Office of Management and Budget. + ``(6) Fedramp.--The term `FedRAMP' means the Federal Risk + and Authorization Management Program established under section + 3607(a). + ``(7) Fedramp authorization.--The term `FedRAMP + authorization' means a cloud computing product or service that + has received an agency authorization to operate and has been + approved by the FedRAMP Program Management Office to meet + requirements and guidelines established by the FedRAMP Program + Management Office. + ``(8) Fedramp program management office.--The term `FedRAMP + Program Management Office' means the office that administers + FedRAMP established under section 3608. + ``(9) Independent assessment organization.--The term + `independent assessment organization' means a third-party + organization accredited by the Program Director of the FedRAMP + Program Management Office to undertake conformity assessments + of cloud service providers. + ``(10) Joint authorization board.--The term `Joint + Authorization Board' means the Joint Authorization Board + established under section 3609.''. + (2) Technical and conforming amendment.--The table of + sections for chapter 36 of title 44, United States Code, is + amended by adding at the end the following new items: + +``3607. Federal Risk and Authorization Management Program. +``3608. FedRAMP Program Management Office. +``3609. Joint Authorization Board. +``3610. Independent assessment organizations. +``3611. Roles and responsibilities of agencies. +``3612. Roles and responsibilities of the Office of Management and + Budget. +``3613. Authorization of appropriations for FEDRAMP. +``3614. Reports to Congress. +``3615. Federal Secure Cloud Advisory Committee. +``3616. Definitions.''. + (3) Sunset.--This section and any amendment made by this + section shall be repealed on the date that is 10 years after + the date of the enactment of this section. + (4) Rule of construction.--Nothing in this section or any + amendment made by this section shall be construed as altering + or impairing the authorities of the Director of the Office of + Management and Budget or the Secretary of Homeland Security + under subchapter II of chapter 35 of title 44, United States + Code. + +SEC. 1770. TAXPAYERS RIGHT-TO-KNOW ACT. + + (a) Short Title.--This section may be cited as the ``Taxpayers +Right-To-Know Act''. + (b) Inventory of Government Programs.--Section 1122(a) of title 31, +United States Code, is amended-- + (1) by redesignating paragraphs (1) and (2) as paragraphs + (2) and (3), respectively; + (2) by inserting before paragraph (2), as so redesignated, + the following: + ``(1) Definitions.--For purposes of this subsection-- + ``(A) the term `Federal financial assistance' has + the meaning given that term under section 7501; + ``(B) the term `open Government data asset' has the + meaning given that term under section 3502 of title 44; + ``(C) the term `program' means a single program + activity or an organized set of aggregated, + disaggregated, or consolidated program activities by + one or more agencies directed toward a common purpose + or goal; and + ``(D) the term `program activity' has the meaning + given that term in section 1115(h).''; + (3) in paragraph (2), as so redesignated-- + (A) by striking ``In general.--Not later than + October 1, 2012, the Office of Management and Budget + shall'' and inserting ``Website and program + inventory.--The Director of the Office of Management + and Budget shall''; + (B) in subparagraph (A), by inserting ``that + includes the information required under subsections (b) + and (c)'' after ``a single website''; and + (C) by striking subparagraphs (B) and (C) and + inserting the following: + ``(B) include on the website described in + subparagraph (A), or another appropriate Federal + Government website where related information is made + available, as determined by the Director-- + ``(i) a program inventory that shall + identify each program; and + ``(ii) for each program identified in the + program inventory, the information required + under paragraph (3); + ``(C) make the information in the program inventory + required under subparagraph (B) available as an open + Government data asset; and + ``(D) at a minimum-- + ``(i) update the information required to be + included on the single website under + subparagraph (A) on a quarterly basis; and + ``(ii) update the program inventory + required under subparagraph (B) on an annual + basis.''; + (4) in paragraph (3), as so redesignated-- + (A) in the matter preceding subparagraph (A), by + striking ``described under paragraph (1) shall + include'' and inserting ``identified in the program + inventory required under paragraph (2)(B) shall + include''; + (B) in subparagraph (B), by striking ``and'' at the + end; + (C) in subparagraph (C), by striking the period at + the end and inserting ``and,''; and + (D) by adding at the end the following: + ``(D) for each program activity that is part of a + program-- + ``(i) a description of the purposes of the + program activity and the contribution of the + program activity to the mission and goals of + the agency; + ``(ii) a consolidated view for the current + fiscal year and each of the 2 fiscal years + before the current fiscal year of-- + ``(I) the amount appropriated; + ``(II) the amount obligated; and + ``(III) the amount outlayed; + ``(iii) to the extent practicable and + permitted by law, links to any related + evaluation, assessment, or program performance + review by the agency, an inspector general, or + the Government Accountability Office (including + program performance reports required under + section 1116), and other related evidence + assembled in response to implementation of the + Foundations for Evidence-Based Policymaking Act + of 2018 (Public Law 115-435; 132 Stat. 5529); + ``(iv) an identification of the statutes + that authorize the program activity or the + authority under which the program activity was + created or operates; + ``(v) an identification of any major + regulations specific to the program activity; + ``(vi) any other information that the + Director of the Office of Management and Budget + determines relevant relating to program + activity data in priority areas most relevant + to Congress or the public to increase + transparency and accountability; and + ``(vii) for each assistance listing under + which Federal financial assistance is provided, + for the current fiscal year and each of the 2 + fiscal years before the current fiscal year and + consistent with existing law relating to the + protection of personally identifiable + information-- + ``(I) a linkage to the relevant + program activities that fund Federal + financial assistance by assistance + listing; + ``(II) information on the + population intended to be served by the + assistance listing based on the + language of the solicitation, as + required under section 6102; + ``(III) to the extent practicable + and based on data reported to the + agency providing the Federal financial + assistance, the results of the Federal + financial assistance awards provided by + the assistance listing; + ``(IV) to the extent practicable, + the percentage of the amount + appropriated for the assistance listing + that is used for management and + administration; + ``(V) the identification of each + award of Federal financial assistance + and, to the extent practicable, the + name of each direct or indirect + recipient of the award; and + ``(VI) any information relating to + the award of Federal financial + assistance that is required to be + included on the website established + under section 2(b) of the Federal + Funding Accountability and Transparency + Act of 2006 (31 U.S.C. 6101 note).''; + and + (5) by adding at the end the following: + ``(4) Archiving.--The Director of the Office of Management + and Budget shall-- + ``(A) archive and preserve the information included + in the program inventory required under paragraph + (2)(B) after the end of the period during which such + information is made available under paragraph (3); and + ``(B) make information archived in accordance with + subparagraph (A) publicly available as an open + Government data asset.''. + (c) Guidance, Implementation, Reporting, and Review.-- + (1) Definitions.--In this subsection-- + (A) the term ``appropriate congressional + committees'' means the Committee on Oversight and + Reform of the House of Representatives and the + Committee on Homeland Security and Governmental Affairs + of the Senate; + (B) the term ``Director'' means the Director of the + Office of Management and Budget; + (C) the term ``program'' has the meaning given that + term in section 1122(a)(1) of title 31, United States + Code, as amended by subsection (b) of this section; + (D) the term ``program activity'' has the meaning + given that term in section 1115(h) of title 31, United + States Code; and + (E) the term ``Secretary'' means the Secretary of + the Treasury. + (2) Plan for implementation and reconciling program + definitions.--Not later than 180 days after the date of + enactment of this Act, the Director, in consultation with the + Secretary, shall submit to the appropriate congressional + committees a report that-- + (A) includes a plan that-- + (i) discusses how making available on a + website the information required under + subsection (a) of section 1122 of title 31, + United States Code, as amended by subsection + (b), will leverage existing data sources while + avoiding duplicative or overlapping information + in presenting information relating to program + activities and programs; + (ii) indicates how any gaps in data will be + assessed and addressed; + (iii) indicates how the Director will + display such data; and + (iv) discusses how the Director will expand + the information collected with respect to + program activities to incorporate the + information required under the amendments made + by subsection (b); + (B) sets forth details regarding a pilot program, + developed in accordance with best practices for + effective pilot programs-- + (i) to develop and implement a functional + program inventory that could be limited in + scope; and + (ii) under which the information required + under the amendments made by subsection (b) + with respect to program activities shall be + made available on the website required under + section 1122(a) of title 31, United States + Code; + (C) establishes an implementation timeline for-- + (i) gathering and building program activity + information; + (ii) developing and implementing the pilot + program; + (iii) seeking and responding to stakeholder + comments; + (iv) developing and presenting findings + from the pilot program to the appropriate + congressional committees; + (v) notifying the appropriate congressional + committees regarding how program activities + will be aggregated, disaggregated, or + consolidated as part of identifying programs; + and + (vi) implementing a Governmentwide program + inventory through an iterative approach; and + (D) includes recommendations, if any, to reconcile + the conflicting definitions of the term ``program'' in + relevant Federal statutes, as it relates to the purpose + of this section. + (3) Implementation.-- + (A) In general.--Not later than 3 years after the + date of enactment of this Act, the Director shall make + available online all information required under the + amendments made by subsection (b) with respect to all + programs. + (B) Extensions.--The Director may, based on an + analysis of the costs of implementation, and after + submitting to the appropriate congressional committees + a notification of the action by the Director, extend + the deadline for implementation under subparagraph (A) + by not more than a total of 1 year. + (4) Reporting.--Not later than 2 years after the date on + which the Director makes available online all information + required under the amendments made by subsection (b) with + respect to all programs, the Comptroller General of the United + States shall submit to the appropriate congressional committees + a report regarding the implementation of this section and the + amendments made by this section, which shall-- + (A) review how the Director and agencies determined + how to aggregate, disaggregate, or consolidate program + activities to provide the most useful information for + an inventory of Government programs; + (B) evaluate the extent to which the program + inventory required under section 1122 of title 31, + United States Code, as amended by this section, + provides useful information for transparency, decision- + making, and oversight; + (C) evaluate the extent to which the program + inventory provides a coherent picture of the scope of + Federal investments in particular areas; and + (D) include the recommendations of the Comptroller + General, if any, for improving implementation of this + section and the amendments made by this section. + (d) Technical and Conforming Amendments.-- + (1) In general.--Section 1122 of title 31, United States + Code, is amended-- + (A) in subsection (b), in the matter preceding + paragraph (1), by inserting ``described in subsection + (a)(2)(A)'' after ``the website'' each place it + appears; + (B) in subsection (c), in the matter preceding + paragraph (1), by inserting ``described in subsection + (a)(2)(A)'' after ``the website''; and + (C) in subsection (d)-- + (i) in the subsection heading, by striking + ``on Website''; and + (ii) in the first sentence, by striking + ``on the website''. + (2) Other amendments.-- + (A) Section 1115(a) of title 31, United States + Code, is amended in the matter preceding paragraph (1) + by striking ``the website provided under'' and + inserting ``a website described in''. + (B) Section 10 of the GPRA Modernization Act of + 2010 (31 U.S.C. 1115 note) is amended-- + (i) in subsection (a)(3), by striking ``the + website described under'' and inserting ``a + website described in''; and + (ii) in subsection (b)-- + (I) in paragraph (1), by striking + ``the website described under'' and + inserting ``a website described in''; + and + (II) in paragraph (3), by striking + ``the website as required under'' and + inserting ``a website described in''. + (C) Section 1120(a)(5) of title 31, United States + Code, is amended by striking ``the website described + under'' and inserting ``a website described in''. + (D) Section 1126(b)(2)(E) of title 31, United + States Code, is amended by striking ``the website of + the Office of Management and Budget pursuant to'' and + inserting ``a website described in''. + (E) Section 3512(a)(1) of title 31, United States + Code, is amended by striking ``the website described + under'' and inserting ``a website described in''. + +SEC. 1771. BUILDING UNITED STATES CAPACITY FOR VERIFICATION AND + MANUFACTURING OF ADVANCED MICROELECTRONICS. + + (a) In General.--The Secretary of Commerce, acting through the +Director of the National Institute of Standards and Technology, shall +carry out research and development to enable advances and breakthroughs +in measurement science, standards, material characterization, +instrumentation, testing, and manufacturing capabilities that will +accelerate the underlying research and development for design, +development, and manufacturability of next generation microelectronics +and ensure the competitiveness and leadership of the United States +within the microlectronics sector. + (b) Elements.--The activities under subsection (a) shall include +research and development in the following areas: + (1) Advanced metrology and characterization for + manufacturing of microchips using 3 nanometer transistor + processes or more advanced processes. + (2) Metrology for security and supply chain verification, + including pre-silicon security verification of the design for + logical and physical vulnerabilities beyond current functional + analysis. + +SEC. 1772. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS RELEASE + INVENTORY. + + Section 7321 of the PFAS Act of 2019 (Public Law 116-92) is +amended-- + (1) in subsection (b), by adding at the end the following: + ``(3) Limitation.--Section 372.38 of title 40, Code of + Federal Regulations (or any successor regulation), shall not + apply to a chemical described in paragraph (1) unless the + Administrator, in accordance with paragraph (2)(B), revises the + threshold for reporting such chemical to 10,000 pounds.''; + (2) in subsection (c), by adding at the end the following: + ``(3) Limitation.--Section 372.38 of title 40, Code of + Federal Regulations (or any successor regulation), shall not + apply to the substances and classes of substances included in + the toxics release inventory under paragraph (1) unless the + Administrator, in accordance with paragraph (2)(B), revises the + threshold for reporting such substances and class of substances + to 10,000 pounds.''; and + (3) in subsection (d), by adding at the end the following: + ``(4) Limitation.--Section 372.38 of title 40, Code of + Federal Regulations (or any successor regulation), shall not + apply to the substances and classes of substances described in + paragraph (2) unless the Administrator sets a 10,000 pound + reporting threshold for such substances and classes of + substances.''. + +SEC. 1773. HEMP PRODUCTS. + + The Secretary of Defense may not prohibit, on the basis of a +product containing hemp or any ingredient derived from hemp, the +possession, use, or consumption of such product by a member of the +Armed Forces if-- + (1) the hemp meets the definition in section 297A of the + Agricultural Marketing Act of 1946 (7 U.S.C. 1639o); and + (2) such possession, use, or consumption is in compliance + with applicable Federal, State, and local law. + +SEC. 1774. EXEMPTION FROM PAPERWORK REDUCTION ACT. + + (a) Uniformed Services University of the Health Sciences.--Chapter +104 of title 10, United States Code, is amended by adding at the end +the following new section: +``Sec. 2117. Exemption from Paperwork Reduction Act + ``Subchapter I of chapter 35 of title 44 shall not apply to the +voluntary collection of information during the conduct of research by +the University.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +2116 the following new item: + +``2117. Exemption from Paperwork Reduction Act.''. + +SEC. 1775. SUPPORT FOR THE DESIGNATION OF NATIONAL BORINQUENEERS DAY. + + (a) Sense of Congress.--It is the Sense of Congress that-- + (1) in 1898, Puerto Rico became a territory of the United + States and, the following year, Congress authorized raising a + military unit of volunteer soldiers on the island, which was + organized as the ``Puerto Rico Regiment of Volunteer + Infantry''; + (2) in 1908, Congress incorporated the regiment as part of + the regular United States Army as the ``Puerto Rico Regiment of + Infantry''; + (3) in 1917, after the United States entry into World War + I, the Puerto Rico Regiment of Infantry was sent to Panama to + defend the Panama Canal Zone; + (4) in 1920, Congress redesignated the unit as the 65th + Infantry Regiment of the United States Army; + (5) during World War II, the 65th Infantry Regiment served + in North Africa and Europe, including combat operations in + France and Germany for which members of the unit received + commendations for valiant service, including 1 Distinguished + Service Cross, 2 Silver Stars, 2 Bronze Stars, and 90 Purple + Hearts; + (6) in 1950, the 65th Infantry Regiment deployed to South + Korea, and during the voyage the soldiers nicknamed the unit + the ``Borinqueneers'', a reference to the native Taino Tribe's + name for the island of Puerto Rico; + (7) during the Korean war, the 65th Infantry Regiment + (hereinafter, the ``Borinqueneers'') engaged in substantial + combat operations on the Korean Peninsula, and the unit played + a central role in several important offensives and counter- + offensives that earned it well-deserved admiration and + commendation; + (8) the Borinqueneers' extraordinary service during the + Korean war resulted in the Regiment receiving 2 Presidential + Unit Citations (Army and Navy), 2 Republic of Korea + Presidential Unit Citations, a Meritorious Unit Commendation + (Army), a Navy Unit Commendation, the Chryssoun Aristion + Andrias (Bravery Gold Medal of Greece), and campaign + participation credits for United Nations Offensive, Chinese + Communist Forces (CCF) Intervention, First United Nations + Counteroffensive, CCF Spring Offensive, United Nations Summer- + Fall Offensive, Second Korean Winter, Korea Summer-Fall 1952, + Third Korean Winter, and Korea Summer 1953; + (9) the Borinqueneers' extraordinary service during the + Korean war also resulted in numerous individual commendations + and awards for its soldiers, including 1 Medal of Honor, 9 + Distinguished Service Crosses, more than 250 Silver Stars, more + than 600 Bronze Stars, and more than 2,700 Purple Hearts; + (10) in 1956, the 65th Infantry Regiment was deactivated + from the regular United States Army and, in 1959, its units and + regimental number were assigned to the Puerto Rico National + Guard; + (11) in 1982, the United States Army Center of Military + History officially authorized designating the 65th Infantry + Regiment as the ``Borinqueneers''; and + (12) on April 13, 2016, Congress awarded the Congressional + Gold Medal to the 65th Infantry Regiment in recognition of the + Borinqueneers' numerous contributions to American history and + outstanding military service from World War I through the + recent conflicts in Afghanistan and Iraq. + (b) Resolution.--The House of Representatives-- + (1) expresses support for the designation of ``National + Borinqueneers Day''; + (2) recognizes the bravery, service, and sacrifice of the + Puerto Rican soldiers of the 65th Infantry Regiment in the + armed conflicts of the United States in the 20th and 21st + centuries; + (3) expresses deep gratitude for the contributions to the + Armed Forces that have been made by hundreds of thousands of + patriotic United States citizens from Puerto Rico; and + (4) urges individuals and communities across the United + States to participate in activities that are designed-- + (A) to celebrate the distinguished service of the + military veterans who served in the 65th Infantry + Regiment, known as the ``Borinqueneers''; + (B) to pay tribute to the sacrifices made and + adversities overcome by Puerto Rican and Hispanic + military service members; and + (C) to recognize the significant contributions to + American history made by the 65th Infantry Regiment, + known as the ``Borinqueneers''. + +SEC. 1776. TEMPORARY RELIEF FOR PRIVATE STUDENT LOAN BORROWERS. + + (a) In General.--A servicer of a private education loan extended to +a covered borrower shall suspend all payments on such loan through +September 30, 2021. + (b) No Accrual of Interest.--Interest shall not accrue on a loan +described under subsection (a) for which payment was suspended for the +period of the suspension. + (c) Consideration of Payments.--A servicer of a private education +loan extended to a covered borrower shall deem each month for which a +loan payment was suspended under this section as if the borrower of the +loan had made a payment for the purpose of any loan forgiveness program +or loan rehabilitation program for which the borrower would have +otherwise qualified. + (d) Reporting to Consumer Reporting Agencies.--During the period in +which a loan payment was suspended under this section, the servicer of +the loan shall ensure that, for the purpose of reporting information +about the loan to a consumer reporting agency, any payment that has +been suspended is treated as if it were a regularly scheduled payment +made by a borrower. + (e) Suspending Involuntary Collection.--During the period for which +a loan payment was suspended under this section, the servicer or holder +of the loan shall suspend all involuntary collection related to the +loan. + (f) Notice to Borrowers and Transition Period.--To inform covered +borrowers of the actions taken in accordance with this section and +ensure an effective transition, the servicer of a private education +loan extended to a covered borrower shall-- + (1) not later than 15 days after the date of enactment of + this Act, notify covered borrowers-- + (A) of the actions taken in accordance with + subsections (a) and (b) for whom payments have been + suspended and interest waived; + (B) of the actions taken in accordance with + subsection (e) for whom collections have been + suspended; + (C) of the option to continue making payments + toward principal; and + (D) that the program under this section is a + temporary program; and + (2) beginning on August 1, 2020, carry out a program to + provide not less than 6 notices by postal mail, telephone, or + electronic communication to covered borrowers indicating when + the borrower's normal payment obligations will resume. + (g) Definitions.--In this section: + (1) Covered borrower.--The term ``covered borrower'' means + a borrower of a private education loan. + (2) Private education loan.--The term ``private education + loan'' has the meaning given the term in section 140 of the + Truth in Lending Act (15 U.S.C. 1650). + +SEC. 1777. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM. + + Of the funds authorized to be appropriated by this Act for fiscal +year 2021 for the Department of Defense, the Secretary of Defense may +contribute $5,000,000 to support the National Maritime Heritage Grants +Program established under section 308703 of title 54, United States +Code. + +SEC. 1778. EXTENSION OF TIME TO REVIEW WORLD WAR I VALOR MEDALS. + + (a) In General.--Section 584(f) of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1281) is amended by striking ``five'' and inserting ``seven''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect as if enacted on the date of the enactment of the National +Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 +Stat. 1281). + +SEC. 1779. ENSURING CHINESE DEBT TRANSPARENCY. + + (a) United States Policy at the International Financial +Institutions.--The Secretary of the Treasury shall instruct the United +States Executive Director at each international financial institution +(as defined in section 1701(c)(2) of the International Financial +Institutions Act) that it is the policy of the United States to use the +voice and vote of the United States at the respective institution to +seek to secure greater transparency with respect to the terms and +conditions of financing provided by the government of the People's +Republic of China to any member state of the respective institution +that is a recipient of financing from the institution, consistent with +the rules and principles of the Paris Club. + (b) Report Required.--The Chairman of the National Advisory Council +on International Monetary and Financial Policies shall include in the +annual report required by section 1701 of the International Financial +Institutions Act-- + (1) a description of progress made toward advancing the + policy described in subsection (a) of this section; and + (2) a discussion of financing provided by entities owned or + controlled by the government of the People's Republic of China + to the member states of international financial institutions + that receive financing from the international financial + institutions, including any efforts or recommendations by the + Chairman to seek greater transparency with respect to the + former financing. + (c) Sunset.--Subsections (a) and (b) of this section shall have no +force or effect after the earlier of-- + (1) the date that is 7 years after the date of the + enactment of this Act; or + (2) 30 days after the date that the Secretary reports to + the Committee on Financial Services of the House of + Representatives and the Committee on Foreign Relations of the + Senate that the People's Republic of China is in substantial + compliance with the rules and principles of the Paris Club. + +SEC. 1780. STRATEGY TO SECURE EMAIL. + + (a) In General.--Not later than December 31, 2021, the Secretary of +Homeland Security shall develop and submit to Congress a strategy, +including recommendations, to implement across all United States-based +email providers Domain-based Message Authentication, Reporting, and +Conformance standard at scale. + (b) Elements.--The strategy required under subsection (a) shall +include the following: + (1) A recommendation for the minimum size threshold for + United States-based email providers for applicability of + Domain-based Message Authentication, Reporting, and + Conformance. + (2) A description of the security and privacy benefits of + implementing the Domain-based Message Authentication, + Reporting, and Conformance standard at scale, including + recommendations for national security exemptions, as + appropriate, as well as the burdens of such implementation and + an identification of the entities on which such burdens would + most likely fall. + (3) An identification of key United States and + international stakeholders associated with such implementation. + (4) An identification of any barriers to such implementing, + including a cost-benefit analysis where feasible. + (5) An initial estimate of the total cost to the Federal + Government and implementing entities in the private sector of + such implementing, including recommendations for defraying such + costs, if applicable. + (c) Consultation.--In developing the strategies and recommendations +under subsection (a), the Secretary of Homeland Security may, as +appropriate, consult with representatives from the information +technology sector. + (d) Definition.--In this section, the term ``Domain-based Message +Authentication, Reporting, and Conformance'' means an email +authentication, policy, and reporting protocol that verifies the +authenticity of the sender of an email and blocks and reports to the +sender fraudulent accounts. + +SEC. 1781. REPORT ON THREAT POSED BY DOMESTIC TERRORISTS. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Director of the Federal Bureau of +Investigation, the Under Secretary of Homeland Security for +Intelligence and Analysis, and the Director of National Intelligence +(acting through the National Counterterrorism Center) shall jointly +submit to the appropriate congressional committees a report that +includes an evaluation of the nature and extent of the domestic terror +threat and domestic terrorist groups. + (b) Elements.--The report under subsection (a) shall-- + (1) describe the manner in which domestic terror activity + is tracked and reported; + (2) identify all known domestic terror groups, whether + formal in nature or loosely affiliated ideologies; + (3) include a breakdown of the ideology of each group; and + (4) describe the efforts of such groups, if any, to + infiltrate or target domestic constitutionally protected + activity by citizens for cooption or to carry out attacks, and + the number of individuals associated or affiliated with each + group that engages in such efforts. + +SEC. 1782. DOMESTIC PROCUREMENT OF TUNGSTEN AND TUNGSTEN POWDER. + + To the extent practicable, the Secretary of Defense shall +prioritize the procurement of tungsten and tungsten powder from only +domestic producers. + +SEC. 1783. DEPARTMENT OF DEFENSE MECHANISM FOR PROVISION OF DISSENTING + VIEWS. + + (a) In General.--The Secretary of Defense shall establish a +mechanism through which members of the Armed Forces and civilian +employees of the Department of Defense may privately provide dissenting +views regarding the Department of Defense and United States national +security policy without fear of retribution. + (b) Briefing.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall provide to the congressional +defense committees a briefing on the status of the mechanism required +by subsection (a). + (c) Rule of Construction.--Nothing in this section shall be +construed to alleviate the duty of any individual to follow the +military chain of command or to follow the policies of the Department +of Defense and Federal Government. + +SEC. 1784. SECTOR RISK MANAGEMENT AGENCIES. + + (a) Definitions.--In this Act: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means the Committee on + Homeland Security and the Committee on Armed Services in the + House of Representatives and the Committee on Homeland Security + and Governmental Affairs and Committee on Armed Services in the + Senate. + (2) Critical infrastructure.--The term ``critical + infrastructure'' has the meaning given that term in section + 2(4) of the Homeland Security Act of 2002. + (3) Department.--The term ``Department'' means the + Department of Homeland Security. + (4) Director.--The term ``Director'' means the Director of + the Cybersecurity and Infrastructure Security Agency of the + Department. + (5) Information sharing and analysis organization.--The + term ``information sharing and analysis organization'' has the + meaning given that term in section 2222(5) of the Homeland + Security Act of 2002. + (6) Secretary.--The term ``Secretary'' means the Secretary + of Homeland Security. + (7) Sector risk management agency.--The term ``sector risk + management agency'' has the meaning given that term in section + 2201(5) of the Homeland Security Act of 2002. + (b) Critical Infrastructure Sector Designation.-- + (1) Initial review.--Not later than 180 days after the date + of the enactment of this Act, the Secretary shall review the + current framework for securing critical infrastructure, as + described in section 2202(c)(4) of the Homeland Security Act + and Presidential Policy Directive 21, and submit a report to + the President containing recommendations for-- + (A) any revisions to the current framework for + securing critical infrastructure; + (B) any revisions to the list of critical + infrastructure sectors set forth in Presidential Policy + Directive 21 or previously designated subsectors; and + (C) any revisions to the list of designated Federal + departments or agencies that serve as the Sector Risk + Management Agency for a sector or subsector, necessary + to comply with paragraph (3)(B). + (2) Periodic evaluation by the secretary.--At least once + every 5 years, the Secretary, in consultation with the + Director, shall-- + (A) evaluate the current list of critical + infrastructure sectors and subsectors and the + appropriateness of Sector Risk Management Agency + designations, as set forth in Presidential Policy + Directive 21, or any successor document or policy; and + (B) recommend to the President-- + (i) any revisions to the list of critical + infrastructure sectors or subsectors; and + (ii) any revisions to the designation of + any Federal department or agency designated as + the Sector Risk Management Agency for a sector + or subsector. + (3) Review and revision by the president.-- + (A) In general.--Not later than 180 days after a + recommendation by the Secretary pursuant to paragraph + (2), the President shall-- + (i) review the recommendation and revise, + as appropriate, the designation of a critical + infrastructure sector or subsector or the + designation of a Sector Risk Management Agency; + or + (ii) submit a report to appropriate + congressional committees, and the Majority and + Minority Leaders of the Senate and the Speaker + and Minority Leader of the House of + Representatives, explaining the basis for + rejecting the recommendations of the Secretary. + (B) Limitation.--The President may only designate + an agency under this subsection if the agency is + referenced in section 205 of the Chief Financial + Officers Act of 1990 (42 U.S.C. 901). + (4) Publication.--Any designation of critical + infrastructure sectors shall be published in the Federal + Register. + (c) Sector Risk Management Agencies.-- + (1) References.--Any reference to a sector-specific agency + in any law, regulation, map, document, record, or other paper + of the United States shall be deemed to be a reference to the + Sector Risk Management Agency of the relevant critical + infrastructure sector. + (2) Sector risk management agency.--Subtitle A of title + XXII of the Homeland Security Act of 2002 is amended by adding + at the end the following new section: + +``SEC. 2215. SECTOR RISK MANAGEMENT AGENCIES. + + ``(a) In General.--Each Sector Risk Management Agency, as +designated by law or presidential directive, shall-- + ``(1) provide specialized sector-specific expertise to + critical infrastructure owners and operators within the + relevant sector; and + ``(2) support programs and associated activities of its + designated critical infrastructure sector in coordination with + the Director. + ``(b) Coordination.--In carrying out this section, Sector Risk +Management Agencies shall-- + ``(1) coordinate with the Department and other relevant + Federal departments and agencies, as appropriate; + ``(2) collaborate with critical infrastructure owners and + operators within the designated critical infrastructure sector + or subsector; and + ``(3) coordinate with independent regulatory agencies, and + State, local, Tribal, and territorial entities, as appropriate. + ``(c) Responsibilities.--Each Sector Risk Management Agency shall +utilize its specialized expertise about its designated critical +infrastructure sector or subsector and authorities under applicable law +to-- + ``(1) support sector risk management, including-- + ``(A) establishing and carrying out programs, in + coordination with the Director, to assist critical + infrastructure owners and operators within the + designated sector in identifying, understanding, and + mitigating threats, vulnerabilities, and risks to their + systems or assets, or within a region or sector; and + ``(B) recommending security measures to mitigate + the consequences of destruction, compromise, and + disruption of systems and assets; + ``(2) assess sector risk, including-- + ``(A) identifying, assessing, and prioritizing + risks within the designated sector, considering + physical and cyber threats, vulnerabilities, and + consequences; and + ``(B) supporting national risk assessment efforts + led by the Department, through the Director; + ``(3) sector coordination, including-- + ``(A) serving as a day-to-day Federal interface for + the prioritization and coordination of sector-specific + activities and responsibilities under this section; + ``(B) serving as the government coordinating + council chair for the designated sector or subsector; + and + ``(C) participating in cross-sector coordinating + councils, as appropriate; + ``(4) facilitating the sharing of information about cyber + and physical threats within the sector to the Department, + including-- + ``(A) facilitating, in coordination with the + Director, access to, and exchange of, information and + intelligence necessary to strengthen the security of + critical infrastructure, including through information + sharing and analysis organizations and the national + cybersecurity and communications integration center + established in section 2209 of the Homeland Security + Act of 2002; + ``(B) facilitating the identification of + intelligence needs and priorities of critical + infrastructure owners and operators in the sector, in + coordination with the Director, the Office of Director + of National Intelligence, and other Federal departments + and agencies, as appropriate; + ``(C) providing the Director ongoing, and where + possible, real-time awareness of identified threats, + vulnerabilities, mitigations, and other actions related + to the security of the sector; and + ``(D) supporting the reporting requirements of the + Department of Homeland Security under applicable law by + providing, on an annual basis, sector-specific critical + infrastructure information; + ``(5) supporting incident management, including-- + ``(A) supporting, in coordination with the + Director, incident management and restoration efforts + during or following a security incident; and + ``(B) supporting the Director, upon request, in + conducting vulnerability assessments and asset response + activities for critical infrastructure; and + ``(6) contributing to emergency preparedness efforts, + including-- + ``(A) coordinating with critical infrastructure + owners and operators within the designated sector, as + well as the Director, in the development of planning + documents for coordinated action in the event of a + natural disaster, act of terrorism, or other man-made + disaster or emergency; + ``(B) conducting exercises and simulations of + potential natural disasters, acts of terrorism, or + other man-made disasters or emergencies within the + sector; and + ``(C) supporting the Department and other Federal + departments or agencies in developing planning + documents or conducting exercises or simulations + relevant to their assigned sector.''. + (3) Clerical amendment.--The table of contents in section + 1(b) of the Homeland Security Act of 2002 is amended by + inserting after the item relating to section 2214 the following + new item: + +``Sec. 2215. Sector risk management agencies.''. + (d) Reporting and Auditing.--Not later than 2 years after the date +of the enactment of this Act and every 4 years thereafter, the +Comptroller General of the United States shall submit to the Committee +on Homeland Security of the House of Representatives and the Committee +on Homeland Security and Governmental Affairs of the Senate a report on +the effectiveness of Sector Risk Management Agencies in carrying out +their responsibilities under section 2215 of the Homeland Security Act +of 2002, as added by this section. + +SEC. 1785. INTEGRATION OF MEMBERS OF THE ARMED FORCES WHO ARE + MINORITIES. + + Each Secretary of a military department shall-- + (1) share lessons learned and best practices on the + progress of plans to integrate members of the Armed Forces who + identify as belonging to a minority group into the military + department under the jurisdiction of the Secretary; and + (2) strategically communicate such progress with other + military departments and the public. + +SEC. 1786. POLICY ON CONSCIOUS AND UNCONSCIOUS GENDER BIAS. + + The Secretary of Defense shall develop a policy that defines +conscious and unconscious gender bias and provides guidance to +eliminate conscious and unconscious gender bias. + +SEC. 1787. PROTECTIONS FOR PREGNANT MEMBERS OF THE ARMED FORCES. + + Each Secretary of a military department shall develop and implement +policies to ensure that the career of a member of the Armed Forces is +not negatively affected as a result of such member becoming pregnant. + +SEC. 1788. RELEASE OF DEPARTMENT OF DEFENSE DOCUMENTS ON THE 1981 EL + MOZOTE MASSACRE IN EL SALVADOR. + + (a) Release of Materials.--Not more than 30 days after the date of +the enactment of this Act, the Secretary of Defense shall direct all +Defense Agency bureaus, departments, agencies, and entities to identify +and release to Salvadoran judicial authorities, including to the +Salvadoran presiding judge investigating and prosecuting the El Mozote +massacre case, all materials that might be relevant to the El Mozote +massacre that occurred in December of 1981. + (b) Materials Described.--The materials required to be released +under subsection (a) include-- + (1) all documents, correspondence, reproductions of + Salvadoran documents, and other similar materials dated during, + or originating from, the period beginning on January 1, 1981, + and ending on January 30, 1983, that are relevant to the + massacre that occurred at El Mozote, El Salvador, and + surrounding communities, in December of 1981; + (2) all materials dated during, or originating from, the + period referred to in paragraph (1) related to the + establishment, operations, command structure, officers and + troops of the Atlacatl Battalion; and + (3) any other materials the Secretary determines are + relevant to the El Mozote massacre. + (c) Timeline for Completion.--The Secretary shall submit to the +Committees on Armed Services of the Senate and House of Representatives +a specific timeline for the completion of the release of the materials +as required under subsection (a). Such timeline for completion may not +exceed 150 days after the date of the enactment of this Act. + +SEC. 1789. STUDY AND ESTABLISHMENT OF THE ASSISTANT DEPUTY SECRETARY + FOR ENVIRONMENT AND RESILIENCE. + + (a) Study.-- + (1) In general.--The Secretary of Defense shall carry out a + study on the creation of a position of Assistant Deputy + Secretary for Environment and Resilience, which would broaden + the responsibilities and authorities of the Deputy Assistant + Secretary for Environment. The Secretary shall determine the + scope of duties for this position by evaluating which defense + activities outside of sustainment are impacted by the threat of + anticipated or unanticipated changes in environmental + conditions, or extreme weather events. The Secretary shall also + consider whether the position of Assistant Deputy Secretary for + Environment and Resilience should-- + (A) update and execute on the Department of + Defense's 2014 Climate Change Adaptation Roadmap; + (B) collaborate with other Assistant Deputy + Secretaries of Defense and Assistant Secretaries of + Defense to develop recommendations on how to factor + climate risks into Department of Defense policies; and + (C) undertake such other duties related to + environmental resilience as the Secretary may determine + appropriate. + (2) Report to congress.--Not later than the end of the 60- + day period beginning on the date of enactment of this Act, the + Secretary shall issue a report to the Congress containing all + findings and determinations made in carrying out the study + required under paragraph (1). + (b) Establishment.--After issuing the report required under +subsection (a), the Secretary shall establish the position of Assistant +Deputy Secretary for Environment and Resilience and delegate such +duties to the position as the Secretary determines appropriate, taking +into account the results of the study required under subsection (a). + (c) Annual Report.--The Assistant Deputy Secretary for Environment +and Resilience shall issue an annual report to the Secretary of Defense +and the Congress containing a description of the actions taken by the +Assistant Deputy Secretary during the previous year. + +SEC. 1790. EXPANSION OF ELIGIBILITY FOR HUD-VASH. + + (a) HUD Provisions.--Section 8(o)(19) of the United States Housing +Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end +the following new subparagraph: + ``(D) Veteran defined.--In this paragraph, the term + `veteran' has the meaning given that term in section + 2002(b) of title 38, United States Code.''. + (b) VHA Case Managers.--Subsection (b) of section 2003 of title 38, +United States Code, is amended by adding at the end the following: ``In +the case of vouchers provided under the HUD-VASH program under section +8(o)(19) of such Act, for purposes of the preceding sentence, the term +`veteran' shall have the meaning given such term in section 2002(b) of +this title.''. + (c) Annual Reports.-- + (1) In general.--Not less frequently than once each year, + the Secretary of Veterans Affairs shall submit to the Committee + on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report on + the homelessness services provided under programs of the + Department of Veterans Affairs, including services under HUD- + VASH program under section 8(o)(1) of the United States Housing + Act of 1937 (42 U.S.C. 1437f(o)(19)). + (2) Included information.--Each such annual report shall + include, with respect to the year preceding the submittal of + the report, a statement of the number of eligible individuals + who were furnished such homelessness services and the number of + individuals furnished such services under each such program, + disaggregated by the number of men who received such services + and the number of women who received such services, and such + other information as the Secretary considers appropriate. + +SEC. 1791. WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS LOCATED IN AN + AREA AFFECTED BY HURRICANE MARIA. + + (a) Waiver Authority.--Notwithstanding any other provision of law, +unless enacted with specific reference to this section or section 392 +of the Higher Education Act of 1965 (20 U.S.C. 1068a), for any affected +institution that was receiving assistance under title III of such Act +(20 U.S.C. 1051 et seq.) at the time of a covered hurricane disaster, +the Secretary of Education shall, for each of the fiscal years 2020 +through 2022 (and may, for each of the fiscal years 2023 and 2024)-- + (1) waive-- + (A) the eligibility data requirements set forth in + section 391(d) of the Higher Education Act of 1965 (20 + U.S.C. 1068(d)); + (B) the wait-out period set forth in section 313(d) + of the Higher Education Act of 1965 (20 U.S.C. + 1059(d)); + (C) the allotment requirements under section 324 of + the Higher Education Act of 1965 (20 U.S.C. 1063); and + (D) the use of the funding formula developed + pursuant to section 326(f)(3) of the Higher Education + Act of 1965 (20 U.S.C. 1063b(f)(3)); + (2) waive or modify any statutory or regulatory provision + to ensure that affected institutions that were receiving + assistance under title III of the Higher Education Act of 1965 + (20 U.S.C. 1051 et seq.) at the time of a covered hurricane + disaster are not adversely affected by any formula calculation + for fiscal year 2020 or for any of the 4 succeeding fiscal + years, as necessary; and + (3) make available to each affected institution an amount + that is not less than the amount made available to such + institution under title III of the Higher Education Act of 1965 + (20 U.S.C. 1051 et seq.) for fiscal year 2017, except that for + any fiscal year for which the funds appropriated for payments + under such title are less than the appropriated level for + fiscal year 2017, the amount made available to such + institutions shall be ratably reduced among the institutions + receiving funds under such title. + (b) Definitions.--In this section: + (1) Affected institution.--The term ``affected + institution'' means an institution of higher education (as + defined in section 101 of the Higher Education Act of 1965 (20 + U.S.C. 1001)) that-- + (A) is-- + (i) a part A institution (which term shall + have the meaning given the term ``eligible + institution'' under section 312(b) of the + Higher Education Act of 1965 (20 U.S.C. + 1058(b))); or + (ii) a part B institution, as such term is + defined in section 322(2) of the Higher + Education Act of 1965 (20 U.S.C. 1061(2)), or + as identified in section 326(e) of such Act (20 + U.S.C. 1063b(e)); + (B) is located in a covered area affected by a + hurricane disaster; and + (C) is able to demonstrate that, as a result of the + impact of a covered hurricane disaster, the + institution-- + (i) incurred physical damage; + (ii) has pursued collateral source + compensation from insurance, the Federal + Emergency Management Agency, and the Small + Business Administration, as appropriate; and + (iii) was not able to fully reopen in + existing facilities or to fully reopen to the + pre-hurricane enrollment levels during the 30- + day period beginning on September 7, 2017. + (2) Covered area affected by a hurricane disaster.--The + term ``covered area affected by a hurricane disaster'' means an + area for which the President declared a major disaster under + section 401 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5170) as a result of + Hurricane Maria. + (3) Covered hurricane disaster.--The term ``covered + hurricane disaster'' means a major disaster that the President + declared to exist, in accordance with section 401 of the Robert + T. Stafford Disaster Relief and Emergency Assistance Act (42 + U.S.C. 5170), and that was caused by Hurricane Maria or + Hurricane Irma. + +SEC. 1792. CREDIT MONITORING. + + Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 1681c- +1(k)) is amended by striking paragraph (4). + +SEC. 1793. DEPARTMENT OF HOMELAND SECURITY CISA DIRECTOR TERM + LIMITATION. + + (a) In General.--Subsection (b) of section 2202 of the Homeland +Security Act of 2002 (6 U.S.C. 652) is amended by-- + (1) redesignating paragraph (2) as paragraph (4); and + (2) inserting after paragraph (1) the following new + paragraphs: + ``(2) Qualifications.-- + ``(A) In general.--The Director shall be appointed + from among individuals who have-- + ``(i) extensive knowledge in at least two + of the areas specified in subparagraph (B); and + ``(ii) not fewer than 5 years of + demonstrated experience in efforts to foster + coordination and collaboration between the + Federal Government, the private sector, and + other entities on issues related to + cybersecurity, infrastructure security, or + security risk management. + ``(B) Specified areas.--The areas specified in this + subparagraph are the following: + ``(i) Cybersecurity. + ``(ii) Infrastructure security. + ``(iii) Security risk management. + ``(3) Term.--Effective with respect to an individual + appointed to be the Director by the President, by and with the + advice and consent of the Senate, after the date of the + enactment of this paragraph, the term of office of such an + individual so appointed shall be 5 years, and such an + individual may not serve more than two terms. The term of + office of the individual serving as the Director as of such + date of enactment shall be 5 years beginning on the date on + which the Director began serving.''. + (b) Change of Title of Assistant Director to Executive Assistant +Director.-- + (1) Cybersecurity division.--Section 2203 of the Homeland + Security Act of 2002 (6 U.S.C. 653) is amended-- + (A) in subsection (a)-- + (i) in the heading for paragraph (2), by + striking ``Assistant director'' and inserting + ``Executive assistant director''; and + (ii) in paragraph (2), by striking + ``Assistant Director for Cybersecurity (in this + section referred to as the `Assistant + Director')'' and inserting ``Executive + Assistant Director for Cybersecurity (in this + section referred to as the `Executive Assistant + Director')''; and + (B) by striking ``Assistant Director'' each place + it appears and inserting ``Executive Assistant + Director''. + (2) Infrastructure security division.--Section 2204 of the + Homeland Security Act of 2002 (6 U.S.C. 654) is amended-- + (A) in subsection (a)-- + (i) in the heading for paragraph (2), by + striking ``Assistant director'' and inserting + ``Executive assistant director''; and + (ii) in paragraph (2), by striking + ``Assistant Director for Infrastructure + Security (in this section referred to as the + `Assistant Director')'' and inserting + ``Executive Assistant Director for + Infrastructure Security (in this section + referred to as the `Executive Assistant + Director')''; and + (B) by striking ``Assistant Director'' each place + it appears and inserting ``Executive Assistant + Director''. + (c) Amendment Relating to Qualifications for Certain CISA Executive +Assistant Directors.--The Homeland Security Act of 2002 is amended-- + (1) in subparagraph (B) of section 2203(a)(2) (6 U.S.C. + 653(a)(2)), by striking ``President without the advice and + consent of the Senate'' and inserting ``Secretary''; and + (2) in subparagraph (B) of section 2204(a)(2) (6 U.S.C. + 654(a)(2)), by striking ``President without the advice and + consent of the Senate'' and inserting ``Secretary''. + (d) Amendment to Position Level of CISA Director.--Subchapter II of +chapter 53 of title 5, United States Code, is amended-- + (1) in section 5313, by inserting after ``Administrator of + the Transportation Security Administration.'' the following: + ``Director, Cybersecurity and Infrastructure Security + Agency.''; and + (2) in section 5314, by striking ``Director, Cybersecurity + and Infrastructure Security Agency.''. + +SEC. 1794. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC. + + Section 6(b)(1)(B)(i) of the Joint Resolution entitled ``A Joint +Resolution to approve the `Covenant To Establish a Commonwealth of the +Northern Mariana Islands in Political Union With the United States of +America', and for other purposes'', approved March 24, 1976 (48 U.S.C. +1806(b)(1)(B)(i) is amended-- + (1) by striking ``contact'' and inserting ``contract''; + (2) by inserting ``supporting,'' after ``connected to,''; + (3) by striking ``or'' before ``associated with''; + (4) by inserting ``or adversely affected by'' after + ``associated with,''; and + (5) by inserting ``, with priority given to federally + funded military projects'' after ``and in the Commonwealth''. + +SEC. 1795. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES + OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E. EVANS + KILLED ON JUNE 3, 1969. + + (a) In General.--Not later than 1 year after the date of enactment +of this Act, the Secretary of Defense shall authorize the inclusion on +the Vietnam Veterans Memorial Wall in the District of Columbia of the +names of the 74 crew members of the U.S.S. Frank E. Evans killed on +June 3, 1969. + (b) Required Consultation.--The Secretary of Defense shall consult +with the Secretary of the Interior, the American Battlefield Monuments +Commission, and other applicable authorities with respect to any +adjustments to the nomenclature and placement of names pursuant to +subsection (a) to address any space limitations on the placement of +additional names on the Vietnam Veterans Memorial Wall. + (c) Nonapplicability of Commemorative Works Act.--Chapter 89 of +title 40, United States Code (commonly known as the ``Commemorative +Works Act''), shall not apply to any activities carried out under +subsection (a) or (b). + +SEC. 1796. STUDY ON VIABILITY OF SEAWATER MINING FOR CRITICAL MINERALS. + + (a) Finding.--The Congress finds that-- + (1) extracting minerals from seawater has the potential to + provide a domestic source for minerals that are critical to the + defense industrial base of the United States, which would + reduce the dependence of the United States on imports of the + minerals while strengthening the national security and the + defense industrial base of the United States; + (2) the cost of extracting uranium from seawater has + dropped significantly to nearly $400 per kilogram; and + (3) extracting uranium from seawater is an environmentally + friendly, emerging technology solution that has the potential + to transform how uranium is extracted. + (b) Study.--Within 60 days after the date of the enactment of this +Act, the Secretary of Defense, in consultation with the head of any +other relevant Federal agency and relevant stakeholders, shall conduct +a study of the viability of extracting minerals, such as uranium, that +are critical to the defense industrial base of the United States, from +seawater. + (c) Report.--Within 1 year after the date of the enactment of this +Act, the Secretary of Defense shall submit to the Committee on Armed +Services and the Committee on Science, Space, and Technology of the +House of Representatives and the Committee on Armed Services and the +Committee on Environment and Public Works of the Senate a written +report which contains the results of the study required by subsection +(b). + +SEC. 1797. RESTRICTIONS ON CONFUCIUS INSTITUTES. + + (a) Restrictions on Confucius Institutes.--An institution of higher +education or other postsecondary educational institution (referred to +in this section as an ``institution'') shall not be eligible to receive +Federal funds from the Department of Defense, other than educational +assistance funds that are provided directly to students, unless-- + (1) the institution submits any contract or agreement + between the institution and a Confucius Institute to the + National Academies of Sciences, Engineering, and Medicine; and + (2) the National Academies of Sciences, Engineering, and + Medicine issues a written determination that the contract or + agreement includes clear provisions that-- + (A) protect academic freedom at the institution; + (B) prohibit the application of any foreign law on + any campus of the institution; and + (C) grant full managerial authority of the + Confucius Institute to the institution, including full + control over what is being taught, the activities + carried out, the research grants that are made, and who + is employed at the Confucius Institute. + (b) Confucius Institute Defined.--In this section, the term +``Confucius Institute'' means a cultural institute directly or +indirectly funded by the Government of the People's Republic of China. + (c) Funding.-- + (1) Increase.--Notwithstanding the amounts set forth in the + funding tables in division D, the amount authorized to be + appropriated in section 201 for research, development, test, + and evaluation, as specified in the corresponding funding table + in section 4201, for research, development, test, and + evaluation, Defense-wide, basic research, basic research + initiatives (PE 0601110D8Z), line 003 is hereby increased by + $1,000,000 (to be used in support of the National Academies of + Sciences, Engineering, and Medicine assessments under + subsection (a)). + (2) Offset.--Notwithstanding the amounts set forth in the + funding tables in division D, the amount authorized to be + appropriated in section 301 for operation and maintenance as + specified in the corresponding funding table in section 4301, + for operation and maintenance, Defense-wide, admin & + servicewide activities, Defense Information Systems Agency, + line 280 is hereby reduced by $1,000,000. + +SEC. 1798. DISCLOSURE REQUIREMENT. + + (a) In General.--Section 104 of the Sarbanes-Oxley Act of 2002 (15 +U.S.C. 7214) is amended by adding at the end the following: + ``(i) Disclosure Regarding Foreign Jurisdictions That Prevent +Inspections.-- + ``(1) Definitions.--In this subsection-- + ``(A) the term `covered issuer' means an issuer + that is required to file reports under section 13 or + 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. + 78m, 78o(d)); and + ``(B) the term `non-inspection year' means, with + respect to a covered issuer, a year-- + ``(i) during which the Commission + identifies the covered issuer under paragraph + (2)(A) with respect to every report described + in subparagraph (A) filed by the covered issuer + during that year; and + ``(ii) that begins after the date of + enactment of this subsection. + ``(2) Disclosure to commission.--The Commission shall-- + ``(A) identify each covered issuer that, with + respect to the preparation of the audit report on the + financial statement of the covered issuer that is + included in a report described in paragraph (1)(A) + filed by the covered issuer, retains a registered + public accounting firm that has a branch, office, or + affiliate that-- + ``(i) is located in a foreign jurisdiction; + ``(ii) performs more than one-third of the + audit services for the audit report of the + covered issuer; and + ``(iii) the Board is unable to inspect or + investigate completely because of a position + taken by an authority in the foreign + jurisdiction described in clause (i), as + determined by the Board; and + ``(B) require each covered issuer identified under + subparagraph (A) to, in accordance with rules issued by + the Commission, submit to the Commission documentation + to determine whether the covered issuer is owned or + controlled by a governmental entity in the foreign + jurisdiction described in subparagraph (A)(i). + ``(3) Trading prohibition after 3 years of non- + inspections.-- + ``(A) In general.--If the Commission determines + that a covered issuer has 3 consecutive non-inspection + years, the Commission shall prohibit the securities of + the covered issuer from being traded-- + ``(i) on a national securities exchange; or + ``(ii) through any other method that is + within the jurisdiction of the Commission to + regulate, including through the method of + trading that is commonly referred to as the + `over-the-counter' trading of securities. + ``(B) Removal of initial prohibition.--If, after + the Commission imposes a prohibition on a covered + issuer under subparagraph (A), the covered issuer + certifies to the Commission that the covered issuer has + retained a registered public accounting firm that the + Board has inspected under this section to the + satisfaction of the Commission, the Commission shall + end that prohibition. + ``(C) Recurrence of non-inspection years.--If, + after the Commission ends a prohibition under + subparagraph (B) or (D) with respect to a covered + issuer, the Commission determines that the covered + issuer has a non-inspection year, the Commission shall + prohibit the securities of the covered issuer from + being traded-- + ``(i) on a national securities exchange; or + ``(ii) through any other method that is + within the jurisdiction of the Commission to + regulate, including through the method of + trading that is commonly referred to as the + `over-the-counter' trading of securities. + ``(D) Removal of subsequent prohibition.--If, after + the end of the 5-year period beginning on the date on + which the Commission imposes a prohibition on a covered + issuer under subparagraph (C), the covered issuer + certifies to the Commission that the covered issuer + will retain a registered public accounting firm that + the Board is able to inspect and investigate, the + Commission shall end that prohibition.''. + (b) Additional Disclosure.-- + (1) Definitions.--In this section-- + (A) the term ``audit report'' has the meaning given + the term in section 2(a) of the Sarbanes-Oxley Act of + 2002 (15 U.S.C. 7201(a)); + (B) the term ``Commission'' means the Securities + and Exchange Commission; + (C) the term ``covered form''-- + (i) means-- + (I) the form described in section + 249.310 of title 17, Code of Federal + Regulations, or any successor + regulation; and + (II) the form described in section + 249.220f of title 17, Code of Federal + Regulations, or any successor + regulation; and + (ii) includes a form that-- + (I) is the equivalent of, or + substantially similar to, the form + described in subclause (I) or (II) of + clause (i); and + (II) a foreign issuer files with + the Commission under the Securities + Exchange Act of 1934 (15 U.S.C. 78a et + seq.) or rules issued under that Act; + (D) the terms ``covered issuer'' and ``non- + inspection year'' have the meanings given the terms in + subsection (i)(1) of section 104 of the Sarbanes-Oxley + Act of 2002 (15 U.S.C. 7214), as added by subsection + (a) of this section; and + (E) the term ``foreign issuer'' has the meaning + given the term in section 240.3b-4 of title 17, Code of + Federal Regulations, or any successor regulation. + (2) Requirement.--Each covered issuer that is a foreign + issuer and for which, during a non-inspection year with respect + to the covered issuer, a registered public accounting firm + described in subsection (i)(2)(A) of section 104 of the + Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by + subsection (a) of this section, has prepared an audit report + shall disclose in each covered form filed by that issuer that + covers such a non-inspection year-- + (A) that, during the period covered by the covered + form, such a registered public accounting firm has + prepared an audit report for the issuer; + (B) the percentage of the shares of the issuer + owned by governmental entities in the foreign + jurisdiction in which the issuer is incorporated or + otherwise organized; + (C) whether governmental entities in the applicable + foreign jurisdiction with respect to that registered + public accounting firm have a controlling financial + interest with respect to the issuer; + (D) the name of each official of the Chinese + Communist Party who is a member of the board of + directors of-- + (i) the issuer; or + (ii) the operating entity with respect to + the issuer; and + (E) whether the articles of incorporation of the + issuer (or equivalent organizing document) contains any + charter of the Chinese Communist Party, including the + text of any such charter. + (c) Rulemaking.--Not later than 90 days after the date of enactment +of this Act, the Commission shall issue rules to implement this +section, and the amendments made by this section, consistent with the +Commission's mandate, including-- + (1) the protection of investors; and + (2) maintaining fair, orderly, and efficient markets. + +SEC. 1799. INCREASED REALISM AND TRAINING EFFECTIVENESS FOR AIRBORNE + ANTI-SUBMARINE WARFARE TRAINING AT OFFSHORE TRAINING + RANGES. + + (a) In General.--The Secretary of Defense shall provide for greater +training effectiveness for aircrews by procuring contract services that +will realistically simulate real-world, manned submersible, diesel- +powered vessels that are very similar to third-world and near-peer +adversaries. + (b) Goals and Best Practices.--In carrying out subsection (a), the +Secretary shall apply the following goals and best practices: + (1) Provide for on-demand services available on training + range scheduling services within 3 days of training exercises. + (2) Meet the demand for scalable, highly relevant, and + robust training assets for use by fixed and rotary-wing Navy + anti-submarine communities on both coasts. + (3) Minimize the use of foreign naval vessels, reserving + them only for large, joint and allied exercises. + (4) Ensure that such vessels are classed for use on sea- + based ranges and equipped for safe operation with Unite States + naval air, surface, and submarine forces. + +SEC. 1800. REVIEW OF USE OF INNOVATIVE WOOD PRODUCT TECHNOLOGY. + + (a) In General.--The Secretary of Defense, in collaboration with +the Secretary of Agriculture, shall review the potential to incorporate +innovative wood product technologies (such as mass timber and cellulose +nanomaterials) in constructing or renovating facilities owned or +managed by the Department of Defense. + (b) Report.--Not later than 180 days after the date of enactment of +this Act, the Secretary of Defense shall submit to the Committee on +Armed Services and the Committee on Agriculture of the House of +Representatives and the Committee on Armed Services and the Committee +on Agriculture, Nutrition, and Forestry of the Senate a report that-- + (1) includes the findings of the review required under + subsection (a); and + (2) identifies any barriers to incorporating innovative + wood product technologies (such as mass timber and cellulose + nanomaterials) in constructing or renovating facilities owned + or managed by the Department of Defense. + +SEC. 1801. STRATEGY TO INCREASE PARTICIPATION IN INTERNATIONAL MILITARY + EDUCATION AND TRAINING PROGRAMS. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act the Secretary of State, in coordination with the +Secretary of Defense, shall submit to the appropriate congressional +committees a plan to increase the number of foreign female participants +receiving training under the International Military Education and +Training program authorized under chapter 5 of part II of the Foreign +Assistance Act of 1961 (22 U.S.C. 2347 et seq.) and any other military +exchange program offered to foreign participants, with the goal of +doubling such participation over the 10-year period beginning on the +date of the enactment of this Act. + (b) Interim Progress Reports.--Not later than 2 years after the +date of the submission of the plan required by subsection (a), and +every 2 years thereafter until the end of the 10-year period beginning +on the date of the enactment of this Act, the Secretary of State, in +coordination with the Secretary of Defense, shall submit to the +appropriate congressional committees a report that includes the most +recently available data on foreign female participation in activities +conducted under the International Military Education and Training +program and any other military exchange programs and describes the +manner and extent to which the goal described in subsection (a) has +been achieved as of the date of the submission of the report. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives; and + (2) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate. + +SEC. 1802. ESTABLISHMENT OF OFFICE OF CYBER ENGAGEMENT OF THE + DEPARTMENT OF VETERANS AFFAIRS. + + (a) Establishment.--Chapter 3 of title 38, United States Code, is +amended by adding at the end the following new section: +``Sec. 324. Office of Cyber Engagement + ``(a) Establishment.--There is established in the Department an +office to be known as the `Office of Cyber Engagement' (in this section +referred to as the `Office'). + ``(b) Head of Office.--(1) The head of the Office shall be known as +the `Director of Cyber Engagement' (in this section referred to as the +`Director'). + ``(2) The Director shall be responsible for the functions of the +Office and appointed by the Secretary in the Senior Executive Service. + ``(3) The Director shall report to the Deputy Secretary or +Secretary. + ``(c) Functions.--The functions of the Office are the following: + ``(1) To address cyber risks (including identity theft) to + veterans, their families, caregivers, and survivors. + ``(2) To develop, promote, and disseminate information and + best practices regarding such cyber risks. + ``(3) To coordinate with the Cybersecurity and + Infrastructure Agency of the Department of Homeland Security + and other Federal agencies. + ``(4) Other functions determined by the Secretary. + ``(d) Resources.--The Secretary shall ensure that appropriate +personnel, funding, and other resources are provided to the Office to +carry out its responsibilities. + ``(e) Inclusion of Information on Office in Annual Report on +Department Activities.--The Secretary shall include in each annual +Performance and Accountability report submitted by the Secretary to +Congress a description of the activities of the Office during the +fiscal year covered by such report.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding the following: + +``324. Office of Cyber Engagement.''. + (c) Deadline.--The Secretary of Veterans Affairs shall establish +the Office of Cyber Engagement under section 324 of such title, as +added by subsection (a), not later than 90 days after the date of the +enactment of this Act. + (d) Reporting.--Not later than 180 days after the date of the +enactment of this Act and thrice semiannually thereafter, the Secretary +of Veterans Affairs shall submit to the Committees on Veterans' Affairs +of the Senate and House of Representatives a report regarding the +progress of the Office of Cyber Engagement established under section +324 of such title, as added by subsection (a). Each report shall +include the following: + (1) The number of individuals assisted by the Office of + Cyber Engagement. + (2) The results of any assessments conducted by the Office. + (3) Progress in convening the working group described in + subsection (c)(3) of such section. + (4) Other matters the Secretary determines appropriate. + +SEC. 1803. CERTIFIED NOTICE AT COMPLETION OF AN ASSESSMENT. + + (a) In General.--Section 721(b)(3) of the Defense Production Act of +1950 (50 U.S.C. 4565(b)(3)) is amended-- + (1) in subparagraph (A)-- + (A) in the heading, by adding ``or assessment'' at + the end; and + (B) by striking ``subsection (b) that concludes + action under this section'' and inserting ``this + subsection that concludes action under this section, or + upon the Committee making a notification under + paragraph (1)(C)(v)(III)(aa)(DD)''; and + (2) in subparagraph (C)(i)-- + (A) in subclause (I), by striking ``and'' at the + end; + (B) in subclause (II), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(III) whether the transaction is + described under clause (i), (ii), + (iii), (iv), or (v) of subsection + (a)(4)(B).''. + (b) Technical Corrections.-- + (1) In general.--Section 1727(a) of the Foreign Investment + Risk Review Modernization Act of 2018 (Public Law 115-232) is + amended-- + (A) in paragraph (3), by striking ``(4)(C)(v)'' and + inserting ``(4)(F)''; and + (B) in paragraph (4), by striking ``subparagraph + (B)'' and inserting ``subparagraph (C)''. + (2) Effective date.--The amendments under paragraph (1) + shall take effect on the date of enactment of the Foreign + Investment Risk Review Modernization Act of 2018. + +SEC. 1804. DEPARTMENT OF HOMELAND SECURITY ACQUISITION DOCUMENTATION. + + (a) In General.--Title VII of the Homeland Security Act of 2002 (6 +U.S.C. 341 et seq.) is amended by adding at the end the following new +section: + +``SEC. 711. ACQUISITION DOCUMENTATION. + + ``(a) In General.--For each major acquisition program, the +Secretary, acting through the Under Secretary for Management, shall +require the head of a relevant component or office to-- + ``(1) maintain acquisition documentation that is complete, + accurate, timely, and valid, and that includes, at a minimum-- + ``(A) operational requirements that are validated + consistent with departmental policy and changes to such + requirements, as appropriate; + ``(B) a complete lifecycle cost estimate with + supporting documentation; + ``(C) verification of such lifecycle cost estimate + against independent cost estimates, and reconciliation + of any differences; + ``(D) a cost-benefit analysis with supporting + documentation; + ``(E) an integrated master schedule with supporting + documentation; + ``(F) plans for conducting systems engineering + reviews and test and evaluation activities throughout + development to support production and deployment + decisions; + ``(G) an acquisition plan that outlines the + procurement approach, including planned contracting + vehicles; + ``(H) a logistics and support plan for operating + and maintaining deployed capabilities until such + capabilities are disposed of or retired; and + ``(I) an acquisition program baseline that is + traceable to the program's operational requirements + under subparagraph (A), life-cycle cost estimate under + subparagraph (B), and integrated master schedule under + subparagraph (E). + ``(2) prepare cost estimates and schedules for major + acquisition programs, as required under subparagraphs (B) and + (E), in a manner consistent with best practices as identified + by the Comptroller General of the United States; + ``(3) ensure any revisions to the acquisition documentation + maintained pursuant to paragraph (1) are reviewed and approved + in accordance with departmental policy; and + ``(4) submit certain acquisition documentation to the + Secretary to produce for submission to Congress an annual + comprehensive report on the status of departmental + acquisitions. + ``(b) Waiver.--On a case-by-case basis with respect to any major +acquisition program under this section, the Secretary may waive the +requirement under paragraph (3) of subsection (a) for a fiscal year if +either-- + ``(1) such program has not-- + ``(A) entered the full rate production phase in the + acquisition lifecycle; + ``(B) had a reasonable cost estimate established; + and + ``(C) had a system configuration defined fully; or + ``(2) such program does not meet the definition of capital + asset, as such term is defined by the Director of the Office of + Management and Budget. + ``(c) Congressional Oversight.--At the same time the President's +budget is submitted for a fiscal year under section 1105(a) of title +31, United States Code, the Secretary shall make information available, +as applicable, to the Committee on Homeland Security of the House of +Representatives and the Committee on Homeland Security and Governmental +Affairs of the Senate regarding the requirement described in subsection +(a) in the prior fiscal year that includes the following specific +information regarding each major acquisition program for which the +Secretary has issued a waiver under subsection (b): + ``(1) The grounds for granting a waiver for such program. + ``(2) The projected cost of such program. + ``(3) The proportion of a component's or office's annual + acquisition budget attributed to such program, as available. + ``(4) Information on the significance of such program with + respect to the component's or office's operations and execution + of its mission. + ``(d) Definitions.--In this section: + ``(1) Acquisition program baseline.--The term `acquisition + program baseline', with respect to an acquisition program, + means a summary of the cost, schedule, and performance + parameters, expressed in standard, measurable, quantitative + terms, which shall be met to accomplish the goals of such + program. + ``(2) Major acquisition program.--The term `major + acquisition program' means a Department acquisition program + that is estimated by the Secretary to require an eventual total + expenditure of at least $300 million (based on fiscal year 2019 + constant dollars) over its lifecycle cost.''. + (b) Clerical Amendment.--The table of contents in section 1(b) of +the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by +adding after the item related to section 710 the following new item: + +``Sec. 711. Acquisition documentation.''. + +SEC. 1805. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN. + + (a) Definitions.--In this section: + (1) Large-scale non-intrusive inspection system.--The term + ``large-scale, non-intrusive inspection system'' means a + technology, including x-ray, gamma-ray, and passive imaging + systems, capable of producing an image of the contents of a + commercial or passenger vehicle or freight rail car in 1 pass + of such vehicle or car. + (2) Scanning.--The term ``scanning'' means utilizing + nonintrusive imaging equipment, radiation detection equipment, + or both, to capture data, including images of a commercial or + passenger vehicle or freight rail car. + (b) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Homeland Security shall submit +a plan to the Committee on Homeland Security and Governmental Affairs +of the Senate and the Committee on Homeland Security of the House of +Representatives for increasing to 100 percent the rate of high- +throughput scanning of commercial and passenger vehicles and freight +rail traffic entering the United States at land ports of entry and +rail-border crossings along the border using large-scale non-intrusive +inspection systems or similar technology to enhance border security. + (c) Baseline Information.--The plan under subsection (b) shall +include, at a minimum, the following information regarding large-scale +non-intrusive inspection systems or similar technology operated by U.S. +Customs and Border Protection at land ports of entry and rail-border +crossings as of the date of the enactment of this Act: + (1) An inventory of large-scale non-intrusive inspection + systems or similar technology in use at each land port of + entry. + (2) For each system or technology identified in the + inventory under paragraph (1)-- + (A) the scanning method of such system or + technology; + (B) the location of such system or technology at + each land port of entry that specifies whether in use + in pre-primary, primary, or secondary inspection area, + or some combination of such areas; + (C) the percentage of commercial and passenger + vehicles and freight rail traffic scanned by such + system or technology; + (D) seizure data directly attributed to scanned + commercial and passenger vehicles and freight rail + traffic; and + (E) the number of personnel required to operate + each system or technology. + (3) Information regarding the continued use of other + technology and tactics used for scanning, such as canines and + human intelligence in conjunction with large scale, + nonintrusive inspection systems. + (d) Elements.--The plan under subsection (b) shall include the +following information: + (1) Benchmarks for achieving incremental progress towards + 100 percent high-throughput scanning within the next 6 years of + commercial and passenger vehicles and freight rail traffic + entering the United States at land ports of entry and rail- + border crossings along the border with corresponding projected + incremental improvements in scanning rates by fiscal year and + rationales for the specified timeframes for each land port of + entry. + (2) Estimated costs, together with an acquisition plan, for + achieving the 100 percent high-throughput scanning rate within + the timeframes specified in paragraph (1), including + acquisition, operations, and maintenance costs for large-scale, + nonintrusive inspection systems or similar technology, and + associated costs for any necessary infrastructure enhancements + or configuration changes at each port of entry. Such + acquisition plan shall promote, to the extent practicable, + opportunities for entities that qualify as small business + concerns (as defined under section 3(a) of the Small Business + Act (15 U.S.C. 632(a)). + (3) Any projected impacts, as identified by the + Commissioner of U.S. Customs and Border Protection, on the + total number of commercial and passenger vehicles and freight + rail traffic entering at land ports of entry and rail-border + crossings where such systems are in use, and average wait times + at peak and non-peak travel times, by lane type if applicable, + as scanning rates are increased. + (4) Any projected impacts, as identified by the + Commissioner of U.S. Customs and Border Protection, on land + ports of entry and rail-border crossings border security + operations as a result of implementation actions, including any + changes to the number of U.S. Customs and Border Protection + officers or their duties and assignments. + (e) Annual Report.--Not later than 1 year after the submission of +the plan under subsection (b), and biennially thereafter for the +following 6 years, the Secretary of Homeland Security shall submit a +report to the Committee on Homeland Security and Governmental Affairs +of the Senate and the Committee on Homeland Security of the House of +Representatives that describes the progress implementing the plan and +includes-- + (1) an inventory of large-scale, nonintrusive inspection + systems or similar technology operated by U.S. Customs and + Border Protection at each land port of entry; + (2) for each system or technology identified in the + inventory required under paragraph (1)-- + (A) the scanning method of such system or + technology; + (B) the location of such system or technology at + each land port of entry that specifies whether in use + in pre-primary, primary, or secondary inspection area, + or some combination of such areas; + (C) the percentage of commercial and passenger + vehicles and freight rail traffic scanned by such + system or technology; and + (D) seizure data directly attributed to scanned + commercial and passenger vehicles and freight rail + traffic; + (3) the total number of commercial and passenger vehicles + and freight rail traffic entering at each land port of entry at + which each system or technology is in use, and information on + average wait times at peak and non-peak travel times, by lane + type if applicable; + (4) a description of the progress towards reaching the + benchmarks referred to in subsection (d)(1), and an explanation + if any of such benchmarks are not achieved as planned; + (5) a comparison of actual costs (including information on + any awards of associated contracts) to estimated costs set + forth in subsection (d)(2); + (6) any realized impacts, as identified by the Commissioner + of U.S. Customs and Border Protection, on land ports of entry + and rail-border crossings operations as a result of + implementation actions, including any changes to the number of + U.S. Customs and Border Protection officers or their duties and + assignments; + (7) any proposed changes to the plan and an explanation for + such changes, including changes made in response to any + Department of Homeland Security research and development + findings or changes in terrorist or transnational criminal + organizations tactics, techniques, or procedures; and + (8) any challenges to implementing the plan or meeting the + benchmarks, and plans to mitigate any such challenges. + +SEC. 1806. NATIONAL SUPPLY CHAIN DATABASE. + + (a) Establishment of National Supply Chain Database.--Subject to +the availability of funds as authorized under subsection (3), the +Director of the National Institute of Standards and Technology +(referred to in this Act as the ``NIST'') shall establish a National +Supply Chain Database that will assist the Nation in minimizing +disruptions in the supply chain by having an assessment of United +States manufacturers' capabilities. + (b) Connections With State Manufacturing Extension Partnership.-- + (1) In general.--The infrastructure for the National Supply + Chain Database shall be created through the Hollings + Manufacturing Extension Partnership (MEP) program of the + National Institute of Standards and Technology by connecting + the Hollings Manufacturing Extension Partnerships Centers + through the National Supply Chain Database. + (2) National view.--The connection provided through the + National Supply Chain Database shall provide a national view of + the supply chain and enable the National Institute of Standards + and Technology to understand whether there is a need for some + manufacturers to retool in some key areas to meet the need of + urgent products, such as defense supplies, food, and medical + devices, including personal protective equipment. + (3) Individual state databases.--Each State's supply chain + database maintained by the NIST-recognized Manufacturing + Extension Partnership Center within the State shall be + complementary in design to the National Supply Chain Database. + (c) Maintenance of National Supply Chain Database.--The Hollings +Manufacturing Extension Partnership program or its designee shall +maintain the National Supply Chain Database as an integration of the +State level databases from each State's Manufacturing Extension +Partnership Center and may be populated with information from past, +current, or potential Center clients. + (d) Database Content.-- + (1) In general.--The National Supply Chain Database may-- + (A) provide basic company information; + (B) provide an overview of capabilities, + accreditations, and products; + (C) contain proprietary information; and + (D) include other items determined necessary by the + Director of the NIST. + (2) Searchable database.--The National Supply Chain + Database shall use the North American Industry Classification + System (NAICS) Codes as follows: + (A) Sector 31-33 - Manufacturing. + (B) Sector 54 - Professional, Scientific, and + Technical Services. + (C) Sector 48-49 - Transportation and Warehousing. + (3) Levels.--The National Supply Chain Database shall be + multi-leveled as follows: + (A) Level 1 shall have basic company information + and shall be available to the public. + (B) Level 2 shall have a deeper overview into + capabilities, products, and accreditations and shall be + available to all companies that contribute to the + database and agree to terms of mutual disclosure. + (C) Level 3 shall hold proprietary information. + (4) Exempt from public disclosure.--The National Supply + Chain Database and any information related to it not publicly + released by the NIST shall be exempt from public disclosure + under section 552 of title 5, United States Code, and access to + non-public content shall be limited to the contributing company + and Manufacturing Extension Partnership Center staff who sign + an appropriate non-disclosure agreement. + (e) Authorization of Appropriations.--There authorized to be +appropriated to the Director of the NIST $10,000,000 for fiscal year +2021 to develop and launch the National Supply Chain Database. + +SEC. 1807. COORDINATION WITH HOLLINGS MANUFACTURING EXTENSION + PARTNERSHIP CENTERS. + + Notwithstanding section 34(d)(2)(A)(iv) of the National Institute +for Standards and Technology Act (15 U.S.C. 278s(d)(2)(A)(iv)), each +Manufacturing USA Institute (established under subsection (d) of such +Act) shall, as appropriate, contract with a Hollings Manufacturing +Extension Partnership Center (established under section 25 of such Act) +in each State in which such Institute provides services, either +directly or through another such Center, to provide defense industrial +base-related outreach, technical assistance, workforce development, and +technology transfer assistance to small and medium-sized manufacturers. +No Center shall charge in excess of its standard rate for such +services. Funds received by a Center through such a contract shall not +constitute financial assistance under 25(e) of such Act. + +SEC. 1808. COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT. + + (a) Determination on Emergency Supplies and Relationship to State +and Local Efforts.-- + (1) Determination.--For the purposes of section 101 of the + Defense Production Act of 1950 (50 U.S.C. 4511), the following + materials shall be deemed to be scarce and critical materials + essential to the national defense and otherwise meet the + requirements of section 101(b) of such Act during the COVID-19 + emergency period: + (A) Diagnostic tests, including serological tests, + for COVID-19 and the reagents and other materials + necessary for producing or conducting such tests. + (B) Personal protective equipment, including face + shields, N-95 respirator masks, and any other masks + determined by the Secretary of Health and Human + Services to be needed to respond to the COVID-19 + pandemic, and the materials to produce such equipment. + (C) Medical ventilators, the components necessary + to make such ventilators, and medicines needed to use a + ventilator as a treatment for any individual who is + hospitalized for COVID-19. + (D) Pharmaceuticals and any medicines determined by + the Food and Drug Administration or another Government + agency to be effective in treating COVID-19 (including + vaccines for COVID-19) and any materials necessary to + produce or use such pharmaceuticals or medicines + (including self-injection syringes or other delivery + systems). + (E) Any other medical equipment or supplies + determined by the Secretary of Health and Human + Services or the Secretary of Homeland Security to be + scarce and critical materials essential to the national + defense for purposes of section 101 of the Defense + Production Act of 1950 (50 U.S.C. 4511). + (2) Exercise of title i authorities in relation to + contracts by state and local governments.--In exercising + authorities under title I of the Defense Production Act of 1950 + (50 U.S.C. 4511 et seq.) during the COVID-19 emergency period, + the President (and any officer or employee of the United States + to which authorities under such title I have been delegated)-- + (A) may exercise the prioritization or allocation + authority provided in such title I to exclude any + materials described in paragraph (1) ordered by a State + or local government that are scheduled to be delivered + within 15 days of the time at which-- + (i) the purchase order or contract by the + Federal Government for such materials is made; + or + (ii) the materials are otherwise allocated + by the Federal Government under the authorities + contained in such Act; and + (B) shall, within 24 hours of any exercise of the + prioritization or allocation authority provided in such + title I-- + (i) notify any State or local government if + the exercise of such authorities would delay + the receipt of such materials ordered by such + government; and + (ii) take such steps as may be necessary to + ensure that such materials ordered by such + government are delivered in the shortest + possible period. + (3) Update to the federal acquisition regulation.--Not + later than 15 days after the date of the enactment of this Act, + the Federal Acquisition Regulation shall be revised to reflect + the requirements of paragraph (2)(A). + (b) Engagement With the Private Sector.-- + (1) Sense of congress.--The Congress-- + (A) appreciates the willingness of private + companies not traditionally involved in producing items + for the health sector to volunteer to use their + expertise and supply chains to produce essential + medical supplies and equipment; + (B) encourages other manufacturers to review their + existing capacity and to develop capacity to produce + essential medical supplies, medical equipment, and + medical treatments to address the COVID-19 emergency; + and + (C) commends and expresses deep appreciation to + individual citizens who have been producing personal + protective equipment and other materials for, in + particular, use at hospitals in their community. + (2) Outreach representative.-- + (A) Designation.--Consistent with the authorities + in title VII of the Defense Production Act of 1950 (50 + U.S.C. 4551 et seq.), the Administrator of the Federal + Emergency Management Agency, in consultation with the + Secretary of Health and Human Services, shall designate + or shall appoint, pursuant to section 703 of such Act + (50 U.S.C. 4553), an individual to be known as the + ``Outreach Representative''. Such individual shall-- + (i) be appointed from among individuals + with substantial experience in the private + sector in the production of medical supplies or + equipment; and + (ii) act as the Government-wide single + point of contact during the COVID-19 emergency + for outreach to manufacturing companies and + their suppliers who may be interested in + producing medical supplies or equipment, + including the materials described under + subsection (a). + (B) Encouraging partnerships.--The Outreach + Representative shall seek to develop partnerships + between companies, in coordination with the Supply + Chain Stabilization Task Force or any overall + coordinator appointed by the President to oversee the + response to the COVID-19 emergency, including through + the exercise of the authorities under section 708 of + the Defense Production Act of 1950 (50 U.S.C. 4558). + (c) Enhancement of Supply Chain Production.--In exercising +authority under title III of the Defense Production Act of 1950 (50 +U.S.C. 4531 et seq.) with respect to materials described in subsection +(a), the President shall seek to ensure that support is provided to +companies that comprise the supply chains for reagents, components, raw +materials, and other materials and items necessary to produce or use +the materials described in subsection (a). + (d) Oversight of Current Activity and Needs.-- + (1) Response to immediate needs.-- + (A) In general.--Not later than 7 days after the + date of the enactment of this Act, the President, in + coordination with the National Response Coordination + Center of the Federal Emergency Management Agency, the + Administrator of the Defense Logistics Agency, the + Secretary of Health and Human Services, the Secretary + of Veterans Affairs, and heads of other Federal + agencies (as appropriate), shall submit to the + appropriate congressional committees a report assessing + the immediate needs described in subparagraph (B) to + combat the COVID-19 pandemic and the plan for meeting + those immediate needs. + (B) Assessment.--The report required by this + paragraph shall include-- + (i) an assessment of the needs for medical + supplies or equipment necessary to address the + needs of the population of the United States + infected by the virus SARS-CoV-2 that causes + COVID-19 and to prevent an increase in the + incidence of COVID-19 throughout the United + States, including diagnostic tests, serological + tests, medicines that have been approved by the + Food and Drug Administration to treat COVID-19, + and ventilators and medicines needed to employ + ventilators; + (ii) based on meaningful consultations with + relevant stakeholders, an identification of the + target rate of diagnostic testing for each + State and an assessment of the need for + personal protective equipment and other + supplies (including diagnostic tests) required + by-- + (I) health professionals, health + workers, and hospital staff including + supplies needed for worst case + scenarios for surges of COVID-19 + infections and hospitalizations; + (II) workers in industries and + sectors described in the ``Advisory + Memorandum on Identification of + Essential Critical Infrastructure + Workers during the COVID-19 Response'' + issued by the Director of Cybersecurity + and Infrastructure Security Agency of + the Department of Homeland Security on + April 17, 2020 (and any expansion of + industries and sectors included in + updates to such advisory memorandum); + (III) students, teachers, and + administrators at primary and secondary + schools; and + (IV) other workers determined to be + essential based on such consultation; + (iii) an assessment of the quantities of + equipment and supplies in the Strategic + National Stockpile (established under section + 319F-2 of the Public Health Service Act ((42 + U.S.C. 247d-6b(a)(1))) as of the date of the + report, and the projected gap between the + quantities of equipment and supplies identified + as needed in the assessment under clauses (i) + and (ii) and the quantities in the Strategic + National Stockpile; + (iv) an identification of the industry + sectors and manufacturers most ready to fulfill + purchase orders for such equipment and supplies + (including manufacturers that may be + incentivized) through the exercise of authority + under section 303(e) of the Defense Production + Act of 1950 (50 U.S.C. 4533(e)) to modify, + expand, or improve production processes to + manufacture such equipment and supplies to + respond immediately to a need identified in + clause (i) or (ii); + (v) an identification of Government-owned + and privately-owned stockpiles of such + equipment and supplies not included in the + Strategic National Stockpile that could be + repaired or refurbished; + (vi) an identification of previously + distributed critical supplies that can be + redistributed based on current need; + (vii) a description of any exercise of the + authorities described under paragraph (1)(E) or + (2)(A) of subsection (a); and + (viii) an identification of critical areas + of need, by county and by areas identified by + the Indian Health Service, in the United States + and the metrics and criteria for identification + as a critical area. + (C) Plan.--The report required by this paragraph + shall include a plan for meeting the immediate needs to + combat the COVID-19 pandemic, including the needs + described in subparagraph (B). Such plan shall + include-- + (i) each contract the Federal Government + has entered into to meet such needs, including + the purpose of each contract, the type and + amount of equipment, supplies, or services to + be provided under the contract, the entity + performing such contract, and the dollar amount + of each contract; + (ii) each contract that the Federal + Government intends to enter into within 14 days + after submission of such report, including the + information described in subparagraph (B) for + each such contract; and + (iii) whether any of the contracts + described in clause (i) or (ii) have or will + have a priority rating under the Defense + Production Act of 1950 (50 U.S.C. 4501 et + seq.), including purchase orders pursuant to + Department of Defense Directive 4400.1 (or any + successor directive), subpart A of part 101 of + title 45, Code of Federal Regulations, or any + other applicable authority. + (D) Additional requirements.--The report required + by this paragraph, and each update required by + subparagraph (E), shall include-- + (i) any requests for equipment and supplies + from State or local governments and Indian + Tribes, and an accompanying list of the + employers and unions consulted in developing + these requests; + (ii) any modeling or formulas used to + determine allocation of equipment and supplies, + and any related chain of command issues on + making final decisions on allocations; + (iii) the amount and destination of + equipment and supplies delivered; + (iv) an explanation of why any portion of + any contract described under subparagraph (C), + whether to replenish the Strategic National + Stockpile or otherwise, will not be filled; + (v) of products procured under such + contract, the percentage of such products that + are used to replenish the Strategic National + Stockpile, that are targeted to COVID-19 + hotspots, and that are used for the commercial + market; + (vi) a description of the range of prices + for goods described in subsection (a), or other + medical supplies and equipment that are subject + to shortages, purchased by the United States + Government, transported by the Government, or + otherwise known to the Government, which shall + also identify all such prices that exceed the + prevailing market prices of such goods prior to + March 1, 2020, and any actions taken by the + Government under section 102 of the Defense + Production Act of 1950 or similar provisions of + law to prevent hoarding of such materials and + charging of such increased prices between March + 1, 2020, and the date of the submission of the + first report required by this paragraph, and, + for all subsequent reports, within each + reporting period; + (vii) metrics, formulas, and criteria used + to determine COVID-19 hotspots or areas of + critical need for a State, county, or an area + identified by the Indian Health Service; + (viii) production and procurement + benchmarks, where practicable; and + (ix) results of the consultation with the + relevant stakeholders required by subparagraph + (B)(ii). + (E) Updates.--The President, in coordination with + the National Response Coordination Center of the + Federal Emergency Management Agency, the Administrator + of the Defense Logistics Agency, the Secretary of + Health and Human Services, the Secretary of Veterans + Affairs, and heads of other Federal agencies (as + appropriate), shall update such report every 14 days. + (F) Public availability.--The President shall make + the report required by this paragraph and each update + required by subparagraph (E) available to the public, + including on a Government website. + (2) Response to longer-term needs.-- + (A) In general.--Not later than 14 days after the + date of enactment of this Act, the President, in + coordination with the National Response Coordination + Center of the Federal Emergency Management Agency, the + Administrator of the Defense Logistics Agency, the + Secretary of Health and Human Services, the Secretary + of Veterans Affairs, and heads of other Federal + agencies (as appropriate), shall submit to the + appropriate congressional committees a report + containing an assessment of the needs described in + subparagraph (B) to combat the COVID-19 pandemic and + the plan for meeting such needs during the 6-month + period beginning on the date of submission of the + report. + (B) Assessment.--The report required by this + paragraph shall include-- + (i) an assessment of the elements describe + in clauses (i) through (v) and clause (viii) of + paragraph (1)(B); + (ii) an assessment of needs related to + COVID-19 vaccines; + (iii) an assessment of the manner in which + the Defense Production Act of 1950 could be + exercised to increase services related to + health surveillance to ensure that the + appropriate level of contact tracing related to + detected infections is available throughout the + United States to prevent future outbreaks of + COVID-19 infections; and + (iv) an assessment of any additional + services needed to address the COVID-19 + pandemic. + (C) Plan.--The report required by this paragraph + shall include a plan for meeting the longer-term needs + to combat the COVID-19 pandemic, including the needs + described in subparagraph (B). This plan shall + include-- + (i) a plan to exercise authorities under + the Defense Production Act of 1950 (50 U.S.C. + 4501 et seq.) necessary to increase the + production of the medical equipment, supplies, + and services that are essential to meeting the + needs identified in subparagraph (B), including + the number of N-95 respirator masks and other + personal protective equipment needed, based on + meaningful consultations with relevant + stakeholders, by the private sector to resume + economic activity and by the public and + nonprofit sectors to significantly increase + their activities; + (ii) results of the consultations with the + relevant stakeholders required by clause (i); + (iii) an estimate of the funding and other + measures necessary to rapidly expand + manufacturing production capacity for such + equipment and supplies, including-- + (I) any efforts to expand, retool, + or reconfigure production lines; + (II) any efforts to establish new + production lines through the purchase + and installation of new equipment; or + (III) the issuance of additional + contracts, purchase orders, purchase + guarantees, or other similar measures; + (iv) each contract the Federal Government + has entered into to meet such needs or expand + such production, the purpose of each contract, + the type and amount of equipment, supplies, or + services to be provided under the contract, the + entity performing such contract, and the dollar + amount of each contract; + (v) each contract that the Federal + Government intends to enter into within 14 days + after submission of such report, including the + information described in clause (iv) for each + such contract; + (vi) whether any of the contracts described + in clause (iv) or (v) have or will have a + priority rating under the Defense Production + Act of 1950 (50 U.S.C. 4501 et seq.), including + purchase orders pursuant to Department of + Defense Directive 4400.1 (or any successor + directive), subpart A of part 101 of title 45, + Code of Federal Regulations, or any other + applicable authority; and + (vii) the manner in which the Defense + Production Act of 1950 (50 U.S.C. 4501 et seq.) + could be used to increase services necessary to + combat the COVID-19 pandemic, including + services described in subparagraph (B)(ii). + (D) Updates.--The President, in coordination with + the National Response Coordination Center of the + Federal Emergency Management Agency, the Administrator + of the Defense Logistics Agency, the Secretary of + Health and Human Services, the Secretary of Veterans + Affairs, and heads of other Federal agencies (as + appropriate), shall update such report every 14 days. + (E) Public availability.--The President shall make + the report required by this subsection and each update + required by subparagraph (D) available to the public, + including on a Government website. + (3) Report on exercising authorities under the defense + production act of 1950.-- + (A) In general.--Not later than 14 days after the + date of the enactment of this Act, the President, in + consultation with the Administrator of the Federal + Emergency Management Agency, the Secretary of Defense, + and the Secretary of Health and Human Services, shall + submit to the appropriate congressional committees a + report on the exercise of authorities under titles I, + III, and VII of the Defense Production Act of 1950 (50 + U.S.C. 4501 et seq.) prior to the date of such report. + (B) Contents.--The report required under + subparagraph (A) and each update required under + subparagraph (C) shall include, with respect to each + exercise of such authority-- + (i) an explanation of the purpose of the + applicable contract, purchase order, or other + exercise of authority (including an allocation + of materials, services, and facilities under + section 101(a)(2) of the Defense Production Act + of 1950 (50 U.S.C. 4511(a)(2)); + (ii) the cost of such exercise of + authority; and + (iii) if applicable-- + (I) the amount of goods that were + purchased or allocated; + (II) an identification of the + entity awarded a contract or purchase + order or that was the subject of the + exercise of authority; and + (III) an identification of any + entity that had shipments delayed by + the exercise of any authority under the + Defense Production Act of 1950 (50 + U.S.C. 4501 et seq.). + (C) Updates.--The President shall update the report + required under subparagraph (A) every 14 days. + (D) Public availability.--The President shall make + the report required by this subsection and each update + required by subparagraph (C) available to the public, + including on a Government website. + (4) Quarterly reporting.--The President shall submit to + Congress, and make available to the public (including on a + Government website), a quarterly report detailing all + expenditures made pursuant to titles I, III, and VII of the + Defense Production Act of 1950 50 U.S.C. 4501 et seq.). + (5) Exercise of loan authorities.-- + (A) In general.--Any loan made pursuant to section + 302 or 303 of the Defense Production Act of 1950, + carried out by the International Development Finance + Corporation pursuant to the authorities delegated by + Executive Order No. 13922, shall be subject to the + notification requirements contained in section 1446 of + the BUILD Act of 2018 (22 U.S.C. 9656). + (B) Appropriate congressional committees.--For + purposes of the notifications required by subparagraph + (A), the term ``appropriate congressional committees'', + as used section 1446 of the BUILD Act of 2018, shall be + deemed to include the Committee on Financial Services + of the House of Representatives and the Committee on + Banking, Housing and Urban Development of the Senate. + (6) Sunset.--The requirements of this subsection shall + terminate on the later of-- + (A) December 31, 2021; or + (B) the end of the COVID-19 emergency period. + (e) Enhancements to the Defense Production Act of 1950.-- + (1) Health emergency authority.--Section 107 of the Defense + Production Act of 1950 (50 U.S.C. 4517) is amended by adding at + the end the following: + ``(c) Health Emergency Authority.--With respect to a public health +emergency declaration by the Secretary of Health and Human Services +under section 319 of the Public Health Service Act, or preparations for +such a health emergency, the Secretary of Health and Human Services and +the Administrator of the Federal Emergency Management Agency are +authorized to carry out the authorities provided under this section to +the same extent as the President.''. + (2) Emphasis on business concerns owned by women, + minorities, veterans, and native americans.--Section 108 of the + Defense Production Act of 1950 (50 U.S.C. 4518) is amended-- + (A) in the heading, by striking ``modernization of + small business suppliers'' and inserting ``small + business participation and fair inclusion''; + (B) by amending subsection (a) to read as follows: + ``(a) Participation and Inclusion.-- + ``(1) In general.--In providing any assistance under this + Act, the President shall accord a strong preference for + subcontractors and suppliers that are-- + ``(A) small business concerns; or + ``(B) businesses of any size owned by women, + minorities, veterans, and the disabled. + ``(2) Special consideration.--To the maximum extent + practicable, the President shall accord the preference + described under paragraph (1) to small business concerns and + businesses described in paragraph (1)(B) that are located in + areas of high unemployment or areas that have demonstrated a + continuing pattern of economic decline, as identified by the + Secretary of Labor.''; and + (C) by adding at the end the following: + ``(c) Minority Defined.--In this section, the term `minority'-- + ``(1) has the meaning given the term in section 308(b) of + the Financial Institutions Reform, Recovery, and Enforcement + Act of 1989; and + ``(2) includes any indigenous person in the United States, + including any territories of the United States.''. + (3) Additional information in annual report.--Section + 304(f)(3) of the Defense Production Act of 1950 (50 U.S.C. + 4534(f)(3)) is amended by striking ``year.'' and inserting + ``year, including the percentage of contracts awarded using + Fund amounts to each of the groups described in section + 108(a)(1)(B) (and, with respect to minorities, disaggregated by + ethnic group), and the percentage of the total amount expended + during such fiscal year on such contracts.''. + (4) Definition of national defense.--Section 702(14) of the + Defense Production Act of 1950 is amended by striking ``and + critical infrastructure protection and restoration'' and + inserting ``, critical infrastructure protection and + restoration, and health emergency preparedness and response + activities''. + (f) Securing Essential Medical Materials.-- + (1) Statement of policy.--Section 2(b) of the Defense + Production Act of 1950 (50 U.S.C. 4502) is amended-- + (A) by redesignating paragraphs (3) through (8) as + paragraphs (4) through (9), respectively; and + (B) by inserting after paragraph (2) the following: + ``(3) authorities under this Act should be used when + appropriate to ensure the availability of medical materials + essential to national defense, including through measures + designed to secure the drug supply chain, and taking into + consideration the importance of United States competitiveness, + scientific leadership and cooperation, and innovative + capacity;''. + (2) Strengthening domestic capability.--Section 107 of the + Defense Production Act of 1950 (50 U.S.C. 4517) is amended-- + (A) in subsection (a), by inserting ``(including + medical materials)'' after ``materials''; and + (B) in subsection (b)(1), by inserting ``(including + medical materials such as drugs to diagnose, cure, + mitigate, treat, or prevent disease that essential to + national defense)'' after ``essential materials''. + (3) Strategy on securing supply chains for medical + articles.--Title I of the Defense Production Act of 1950 (50 + U.S.C. 4511 et seq.) is amended by adding at the end the + following: + +``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS. + + ``(a) In General.--Not later than 180 days after the date of the +enactment of this section, the President, in consultation with the +Secretary of Health and Human Services, the Secretary of Commerce, the +Secretary of Homeland Security, and the Secretary of Defense, shall +transmit a strategy to the appropriate Members of Congress that +includes the following: + ``(1) A detailed plan to use the authorities under this + title and title III, or any other provision of law, to ensure + the supply of medical materials (including drugs to diagnose, + cure, mitigate, treat, or prevent disease) essential to + national defense, to the extent necessary for the purposes of + this Act. + ``(2) An analysis of vulnerabilities to existing supply + chains for such medical articles, and recommendations to + address the vulnerabilities. + ``(3) Measures to be undertaken by the President to + diversify such supply chains, as appropriate and as required + for national defense; and + ``(4) A discussion of-- + ``(A) any significant effects resulting from the + plan and measures described in this subsection on the + production, cost, or distribution of vaccines or any + other drugs (as defined under section 201 of the + Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)); + ``(B) a timeline to ensure that essential + components of the supply chain for medical materials + are not under the exclusive control of a foreign + government in a manner that the President determines + could threaten the national defense of the United + States; and + ``(C) efforts to mitigate any risks resulting from + the plan and measures described in this subsection to + United States competitiveness, scientific leadership, + and innovative capacity, including efforts to cooperate + and proactively engage with United States allies. + ``(b) Progress Report.--Following submission of the strategy under +subsection (a), the President shall submit to the appropriate Members +of Congress an annual progress report evaluating the implementation of +the strategy, and may include updates to the strategy as appropriate. +The strategy and progress reports shall be submitted in unclassified +form but may contain a classified annex. + ``(c) Appropriate Members of Congress.--The term `appropriate +Members of Congress' means the Speaker, majority leader, and minority +leader of the House of Representatives, the majority leader and +minority leader of the Senate, the Chairman and Ranking Member of the +Committees on Armed Services and Financial Services of the House of +Representatives, and the Chairman and Ranking Member of the Committees +on Armed Services and Banking, Housing, and Urban Affairs of the +Senate.''. + (g) GAO Report.-- + (1) In general.--Not later than 270 days after the date of + the enactment of this Act, and annually thereafter, the + Comptroller General of the United States shall submit to the + appropriate congressional committees a report on ensuring that + the United States Government has access to the medical supplies + and equipment necessary to respond to future pandemics and + public health emergencies, including recommendations with + respect to how to ensure that the United States supply chain + for diagnostic tests (including serological tests), personal + protective equipment, vaccines, and therapies is better + equipped to respond to emergencies, including through the use + of funds in the Defense Production Act Fund under section 304 + of the Defense Production Act of 1950 (50 U.S.C. 4534) to + address shortages in that supply chain. + (2) Review of assessment and plan.-- + (A) In general.--Not later than 30 days after each + of the submission of the reports described in + paragraphs (1) and (2) of subsection (d), the + Comptroller General of the United States shall submit + to the appropriate congressional committees an + assessment of such reports, including identifying any + gaps and providing any recommendations regarding the + subject matter in such reports. + (B) Monthly review.--Not later than a month after + the submission of the assessment under subparagraph + (A), and monthly thereafter, the Comptroller General + shall issue a report to the appropriate congressional + committees with respect to any updates to the reports + described in paragraph (1) and (2) of subsection (d) + that were issued during the previous 1-month period, + containing an assessment of such updates, including + identifying any gaps and providing any recommendations + regarding the subject matter in such updates. + (h) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means the Committees + on Appropriations, Armed Services, Energy and Commerce, + Financial Services, Homeland Security, and Veterans' Affairs of + the House of Representatives and the Committees on + Appropriations, Armed Services, Banking, Housing, and Urban + Affairs, Health, Education, Labor, and Pensions, Homeland + Security and Governmental Affairs, and Veterans' Affairs of the + Senate. + (2) COVID-19 emergency period.--The term ``COVID-19 + emergency period'' means the period beginning on the date of + enactment of this Act and ending after the end of the incident + period for the emergency declared on March 13, 2020, by the + President under Section 501 of the Robert T. Stafford Disaster + Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) + relating to the Coronavirus Disease 2019 (COVID-19) pandemic. + (3) Relevant stakeholder.--The term ``relevant + stakeholder'' means-- + (A) representative private sector entities; + (B) representatives of the nonprofit sector; + (C) representatives of primary and secondary school + systems; and + (D) representatives of labor organizations + representing workers, including unions that represent + health workers, manufacturers, teachers, other public + sector employees, and service sector workers. + (4) State.--The term ``State'' means each of the several + States, the District of Columbia, the Commonwealth of Puerto + Rico, and any territory or possession of the United States. + +SEC. 1809. PROHIBITION ON PROVISION OF GRANT FUNDS TO ENTITIES THAT + HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS OF UNITED + STATES ENTITIES. + + (a) Amendment.--Section 47110 of title 49, United States Code, is +amended by adding at the end the following: + ``(j) Prohibition on Provision of Grant Funds to Entities That Have +Violated Intellectual Property Rights of United States Entities.-- + ``(1) In general.--Beginning on the date that is 30 days + after the date of the enactment of this subsection, amounts + provided as project grants under this subchapter may not be + used to enter into a contract described in paragraph (2) with + any entity on the list required by paragraph (3). + ``(2) Contract described.--A contract described in this + paragraph is a contract or other agreement for the procurement + of infrastructure or equipment for a passenger boarding bridge + at an airport. + ``(3) List required.-- + ``(A) In general.--Not later than 30 days after the + date of the enactment of this section, and thereafter + as required by subparagraphs (B) and (C), the + Administrator of the Federal Aviation Administration + shall, based on information provided by the United + States Trade Representative and the Attorney General, + make available to the public a list of entities that-- + ``(i)(I) are owned or controlled by, or + receive subsidies from, the government of a + country-- + ``(aa) identified by the Trade + Representative under subsection (a)(1) + of section 182 of the Trade Act of 1974 + (19 U.S.C. 2242) in the most recent + report required by that section; and + ``(bb) subject to monitoring by the + Trade Representative under section 306 + of the Trade Act of 1974 (19 U.S.C. + 2416); and + ``(II) have been determined by a Federal + court to have misappropriated intellectual + property or trade secrets from an entity + organized under the laws of the United States + or any jurisdiction within the United States; + or + ``(ii) own or control, are owned or + controlled by, are under common ownership or + control with, or are successors to, an entity + described in clause (i). + ``(B) Updates to list.--The Administrator shall + update the list required by subparagraph (A), based on + information provided by the Trade Representative and + the Attorney General-- + ``(i) not less frequently than every 90 + days during the 180-day period following the + initial publication of the list under + subparagraph (A); and + ``(ii) not less frequently than annually + during the 5-year period following the 180-day + period described in clause (i). + ``(C) Continuation of requirement to update list.-- + ``(i) In general.--Not later than the end + of the 5-year period described in subparagraph + (B)(ii), the Administrator shall make a + determination with respect to whether + continuing to update the list required by + subparagraph (A) is necessary to carry out this + subsection. + ``(ii) Effect of determination that updates + are necessary.--If the Administrator determines + under clause (i) that continuing to update the + list required by subparagraph (A) is necessary, + the Administrator shall continue to update the + list, based on information provided by the + Trade Representative and the Attorney General, + not less frequently than annually. + ``(iii) Effect of determination that + updates are not necessary.--If the + Administrator determines under clause (i) that + continuing to update the list required by + subparagraph (A) is not necessary, the + Administrator shall, not later than 90 days + after making the determination, submit to + Congress a report on the determination and the + reasons for the determination.''. + (b) Sunset.--The amendment made by subsection (a) shall not have +any force or effect on and after September 30, 2023. + +SEC. 1810. DISCLOSURE OF IMPORTS FROM THE XINJIANG UYGHUR AUTONOMOUS + REGION. + + (a) In General.--The Secretary of Defense shall issue rules to +require each company that produces or imports manufactured goods sold +in the military commissary and exchange systems to file an annual +report with the Secretary to disclose-- + (1) whether any of such goods were-- + (A) imported, directly or indirectly, from an + entity that manufactures goods, including electronics, + food products, textiles, shoes, and teas, that + originated in the XUAR; or + (B) manufactured with materials that originated or + are sourced in the XUAR; and + (2) with respect to any goods or materials described under + subparagraph (A) or (B) of paragraph (1)-- + (A) whether the goods or materials originated in + forced labor camps; and + (B) whether the company or any affiliate of the + company intends to continue with such importation. + (b) GAO Report.--The Comptroller General of the United States shall +periodically evaluate and report to Congress on the effectiveness of +the disclosures required under subsection (a). + (c) Definitions.--In this section: + (1) Forced labor camp.--The term ``forced labor camp'' + means-- + (A) any entity engaged in the ``pairing + assistance'' program which subsidizes the establishment + of manufacturing facilities in XUAR; + (B) any entity using convict labor, forced labor, + or indentured labor described under section 307 of the + Tariff Act of 1930 (19 U.S.C. 1307); and + (C) any other entity that the Secretary of Defense + determines is appropriate. + (2) XUAR.--The term ``XUAR'' means the Xinjiang Uyghur + Autonomous Region. + +SEC. 1811. TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES. + + (a) Plan Required.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of Defense, in + coordination with the Secretary of State, shall submit to the + congressional defense committees a plan to establish a + Department of Defense Regional Center for Security Studies for + the Arctic. + (2) Elements.--The plan required by paragraph (1) shall + include the following: + (A) A description of the benefits of establishing + such a center, including the manner in which the + establishment of such a center would benefit United + States and Department interests in the Arctic region. + (B) A description of the mission and purpose of + such a center, including specific policy guidance from + the Office of the Secretary of Defense. + (C) An analysis of suitable reporting relationships + with the applicable combatant commands. + (D) An assessment of suitable locations for such a + center that are-- + (i) in proximity to other academic + institutions that study security implications + with respect to the Arctic region; + (ii) in proximity to the designated lead + for Arctic affairs of the United States + Northern Command; + (iii) in proximity to a central hub of + assigned Arctic-focused Armed Forces so as to + suitably advance relevant professional + development of skills unique to the Arctic + region; and + (iv) in a State located outside the + contiguous United States. + (E) A description of the establishment and + operational costs of such a center, including for-- + (i) military construction for required + facilities; + (ii) facility renovation; + (iii) personnel costs for faculty and + staff; and + (iv) other costs the Secretary considers + appropriate. + (F) An evaluation of the existing infrastructure, + resources, and personnel available at military + installations and at universities and other academic + institutions hat could reduce the costs described in + accordance with subparagraph (E). + (G) An examination of partnership opportunities + with United States allies and partners for potential + collaboration and burden sharing. + (H) A description of potential courses and programs + that such a center could carry out, including-- + (i) core, specialized, and advanced + courses; + (ii) potential planning workshops; + (iii) seminars; + (iv) confidence-building initiatives; and + (v) academic research. + (I) A description of any modification to title 10, + United States Code, necessary for the effective + operation of such a center. + (3) Form.--The plan required by paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + (b) Establishment.-- + (1) In general.--Not earlier than 30 days after the + submittal of the plan required by subsection (a), and subject + to the availability of appropriations, the Secretary of Defense + may establish and administer a Department of Defense Regional + Center for Security Studies for the Arctic, to be known as the + ``Ted Stevens Center for Arctic Security Studies'', for the + purpose described in section 342(a) of title 10, United States + Code. + (2) Location.--The Ted Stevens Center for Arctic Security + Studies may be located-- + (A) in proximity to other academic institutions + that study security implications with respect to the + Arctic region; + (B) in proximity to the designated lead for Arctic + affairs of the United States Northern Command; and + (C) in proximity to a central hub of assigned + Arctic-focused Armed Forces so as to suitably advance + relevant professional development of skills unique to + the Arctic region. + +SEC. 1812. PAYMENTS FOR PRIVATE EDUCATION LOAN BORROWERS, AS A RESULT + OF COVID-19. + + (a) Relief for Covered Borrowers as a Result of the COVID-19 +National Emergency.-- + (1) Student loan relief as a result of the covid-19 + national emergency.--The Secretary of the Treasury shall carry + out a program under which the Secretary shall make payments, on + behalf of a covered borrower, with respect to the private + education loans of such borrower. + (2) Payment amount.--Payments made under paragraph (1) with + respect to a covered borrower shall be in an amount equal to + the lesser of-- + (A) the total amount of each private education loan + of the borrower; or + (B) $10,000. + (3) Notification of borrowers.--Not later than 15 days + following the date of enactment of this subsection, the + Secretary shall notify each covered borrower of-- + (A) the requirements to make payments under this + section; and + (B) the opportunity for such borrower to make an + election under paragraph (4)(A) with respect to the + application of such payments to the private education + loans of such borrower. + (4) Distribution of funding.-- + (A) Election by borrower.--Not later than 45 days + after a notice is sent under paragraph (3), a covered + borrower may elect to apply the payments made under + this subsection with respect to such borrower under + paragraph (1) to any private education loan of the + borrower. + (B) Automatic payment.-- + (i) In general.--In the case of a covered + borrower who does not make an election under + subparagraph (A) before the date described in + such subparagraph, the Secretary shall apply + the amount determined with respect to such + borrower under paragraph (1) in order of the + private education loan of the borrower with the + highest interest rate. + (ii) Equal interest rates.--In case of two + or more private education loans described in + clause (i) with equal interest rates, the + Secretary shall apply the amount determined + with respect to such borrower under paragraph + (1) first to the loan with the highest + principal. + (5) Data to implement.--Holders and servicers of private + education loans made to covered borrowers shall report, to the + satisfaction of the Secretary, the information necessary to + calculate the amount to be paid under this subsection. + (6) Ratable reduction.--To the extent that amounts + appropriated to carry out this section are insufficient to + fully comply with the payments required under paragraph (2), + the Secretary shall distribute available funds by ratably + reducing the amounts required to be paid under such paragraph. + (b) Additional Protections for Covered Borrowers.-- + (1) Loan modification after payment.--Each private + education loan holder who receives a payment pursuant to + subsection (a) shall, before the first payment due on the + private education loan after the receipt of such payment (and + taking into account any suspension of payments that may be + required under any other provision of law), modify the loan, + based on the payment made under subsection (a), to lower + monthly payments due on the loan. Such modification may take + the form of a re-amortization, a lowering of the applicable + interest rate, or any other modification that would lower such + payments. + (2) Repayment plan and forgiveness terms.--Each private + education loan holder who receives a payment pursuant to + subsection (a) shall modify all private education loan + contracts with respect to covered borrowers that it holds to + provide for the same repayment plan and forgiveness terms + available to Direct Loans borrowers under section 685.209(c) of + title 34, Code of Federal Regulations, in effect as of January + 1, 2020. + (3) Treatment of state statutes of limitation.--For a + covered borrower who has defaulted on a private education loan + under the terms of the promissory note prior to any loan + payment made under subsection (a), no payment made under such + subsection shall be considered an event that impacts the + calculation of the applicable State statutes of limitation. + (4) Prohibition on pressuring borrowers.-- + (A) In general.--A private education loan debt + collector or creditor may not pressure a covered + borrower to elect to apply any amount received pursuant + to subsection (a) to any private education loan. + (B) Violations.--A violation of this paragraph is + deemed-- + (i) an unfair, deceptive, or abusive act or + practice under Federal law in connection with + any transaction with a consumer for a consumer + financial product or service under section 1031 + of the Consumer Financial Protection Act of + 2010 (12 U.S.C. 5531); and + (ii) with respect to a violation by a debt + collector, an unfair or unconscionable means to + collect or attempt to collect any debt under + section 808 of the Federal Debt Collection + Practices Act (15 U.S.C. 1692f). + (C) Pressure defined.--In this paragraph, the term + ``pressure'' means any communication, recommendation, + or other similar communication, other than providing + basic information about a borrower's options, urging a + borrower to make an election described under subsection + (a). + (c) Definitions.--In this section: + (1) Covered borrower.--The term ``covered borrower'' means + a borrower of a private education loan. + (2) Fair debt collection practices act terms.--The terms + ``creditor'' and ``debt collector'' have the meaning given + those terms, respectively, under section 803 of the Fair Debt + Collection Practices Act (15 U.S.C. 1692a). + (3) Private education loan.--The term ``private education + loan'' has the meaning given the term in section 140 of the + Truth in Lending Act (15 U.S.C. 1650). + (4) Secretary.--The term ``Secretary'' means the Secretary + of the Treasury. + + Subtitle F--Semiconductor Manufacturing Incentives + +SEC. 1821. SEMICONDUCTOR INCENTIVE GRANTS. + + (a) Definitions.--In this section-- + (1) the term ``appropriate committees of Congress'' means-- + (A) the Select Committee on Intelligence, the + Committee on Commerce, Science, and Transportation, the + Committee on Foreign Relations, the Committee on Armed + Services, the Committee on Appropriations, the + Committee on Banking, Housing, and Urban Affairs, and + the Committee on Homeland Security and Governmental + Affairs of the Senate; and + (B) the Permanent Select Committee on Intelligence, + the Committee on Energy and Commerce, the Committee on + Foreign Affairs, the Committee on Armed Services, the + Committee on Science, Space, and Technology, the + Committee on Appropriations, the Committee on Financial + Services, and the Committee on Homeland Security of the + House of Representatives; + (2) the term ``covered entity'' means a private entity, a + consortium of private entities, or a consortium of public and + private entities with a demonstrated ability to construct, + expand, or modernize a facility relating to the fabrication, + assembly, testing, advanced packaging, or advanced research and + development of semiconductors; + (3) the term ``covered incentive'' means an incentive + offered by a governmental entity to a covered entity for the + purposes of constructing within the jurisdiction of the + governmental entity, or expanding or modernizing an existing + facility within that jurisdiction, a facility described in + paragraph (2); + (4) the term ``governmental entity'' means a State or local + government; + (5) the term ``Secretary'' means the Secretary of Commerce; + and + (6) the term ``semiconductor'' has the meaning given the + term by the Secretary. + (b) Grant Program.-- + (1) In general.--The Secretary shall establish in the + Department of Commerce a program that, in accordance with the + requirements of this section, provides grants to covered + entities to incentivize investment of semiconductor fabrication + facilities, or assembly, testing, advanced packaging, or + advanced research and development of semiconductors in the + United States. + (2) Procedure.-- + (A) In general.--A covered entity shall submit to + the Secretary an application that describes the project + for which the covered entity is seeking a grant under + this section. + (B) Eligibility.--In order for a covered entity to + qualify for a grant under this section, the covered + entity shall demonstrate to the Secretary, in the + application submitted by the covered entity under + subparagraph (A), that-- + (i) the covered entity has a documented + interest in constructing, expanding, or + modernizing a facility described in subsection + (a)(2); and + (ii) with respect to the project described + in clause (i), the covered entity has-- + (I) been offered a covered + incentive; + (II) made commitments to worker and + community investment, including + through-- + (aa) training and education + benefits paid by the covered + entity; and + (bb) programs to expand + employment opportunity for + economically disadvantaged + individuals; and + (III) secured commitments from + regional educational and training + entities and institutions of higher + education to provide workforce + training, including programming for + training and job placement of + economically disadvantaged individuals. + (C) Considerations for review.--With respect to the + review by the Secretary of an application submitted by + a covered entity under subparagraph (A)-- + (i) the Secretary may not approve the + application unless the Secretary-- + (I) confirms that the covered + entity has satisfied the eligibility + criteria under subparagraph (B); + (II) determines that the project to + which the application relates is in the + interest of the United States; and + (III) has notified the appropriate + committees of congress 15 days before + making any commitment to provide a + grant to any covered entity that + exceeds $10,000,000; and + (ii) the Secretary may consider whether-- + (I) the covered entity has + previously received a grant made under + this subsection; + (II) the governmental entity + offering the applicable covered + incentive has benefitted from a grant + previously made under this subsection; + and + (III) to the extent practicable, + the covered entity is considered a + small business concern, as defined + under section 3 of the Small Business + Act (15 U.S.C. 632), notwithstanding + section 121.103 of title 13, Code of + Federal Regulations. + (3) Amount.--The Secretary shall not award more than + $3,000,000,000 to a covered entity under this subsection. + (4) Use of funds.--A covered entity that receives a grant + under this subsection may only use the grant amounts to-- + (A) finance the construction, expansion, or + modernization of a facility described in subsection + (a)(2), as documented in the application submitted by + the covered entity under paragraph (2)(A), or for + similar uses in state of practice and legacy + facilities, as determined necessary by the Secretary + for purposes relating to the national security and + economic competitiveness of the United States; + (B) support workforce development for the facility + described in subparagraph (A); or + (C) support site development for the facility + described in subparagraph (A). + (5) Clawback.-- + (A) The Secretary shall recover the full amount + with interest of a grant provided to a covered entity + under this subsection if-- + (i) as of the date that is 5 years after + the date on which the Secretary makes the + grant, the project to which the grant relates + has not been completed, except that the + Secretary may issue a waiver with respect to + the requirement under this subparagraph if the + Secretary determines that issuing such a waiver + is appropriate and in the interests of the + United States; or + (ii) during the applicable term with + respect to the grant, the covered entity + engages in any joint research or technology + licensing effort-- + (I) with the Government of the + People's Republic of China, the + Government of the Russian Federation, + the Government of Iran, the Government + of North Korea, or other foreign entity + of concern; and + (II) that relates to a sensitive + technology or product, as determined by + the Secretary; and + (B) the Secretary shall recover up to the full + amount with interest of a grant provided to a covered + entity if the Secretary determines that commitments + required under paragraph (2) have not been fully + implemented, except that the Secretary may issue a + waiver with respect to the requirement under this + subparagraph if the Secretary determines that issuing + such a waiver is appropriate and in the interests of + the United States. + (c) Consultation and Coordination Required.--In carrying out the +program established under subsection (b), the Secretary shall consult +and coordinate with the Secretary of State and the Secretary of +Defense. + (d) Inspector General Reviews.--The Inspector General of the +Department of Commerce shall-- + (1) not later than 2 years after the date of enactment of + this Act, and biennially thereafter until the date that is 10 + years after that date of enactment, conduct a review of the + program established under subsection (b), which shall include, + at a minimum-- + (A) a determination of the number of instances in + which grants were provided under that subsection during + the period covered by the review in violation of a + requirement of this section; + (B) an evaluation of how-- + (i) the program is being carried out, + including how recipients of grants are being + selected under the program; and + (ii) other Federal programs are leveraged + for manufacturing, research, and training to + complement the grants awarded under the + program; and + (C) a description of the outcomes of projects + supported by grants made under the program, including a + description of-- + (i) facilities described in subsection + (a)(2) that were constructed, expanded, or + modernized as a result of grants made under the + program; + (ii) research and development carried out + with grants made under the program; and + (iii) workforce training programs carried + out with grants made under the program, + including efforts to hire individuals from + disadvantaged populations; and + (2) submit to the appropriate committees of Congress the + results of each review conducted under paragraph (1). + +SEC. 1822. DEPARTMENT OF COMMERCE STUDY ON STATUS OF SEMICONDUCTORS + TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE. + + (a) In General.--Commencing not later than 120 days after the date +of the enactment of this Act, the Secretary of Commerce and the +Secretary of Homeland Security, in consultation with the Secretary of +Defense and the heads of other appropriate Federal departments and +agencies, shall undertake a review, which shall include a survey, using +authorities in section 705 of the Defense Production Act (50 U.S.C. +4555), to assess the capabilities of the United States industrial base +to support the national defense in light of the global nature of the +supply chain and significant interdependencies between the United +States industrial base and the industrial base of foreign countries +with respect to the manufacture, design, and end use of semiconductors. + (b) Response to Survey.--The Secretary shall ensure compliance with +the survey from among all relevant potential respondents, including the +following: + (1) Corporations, partnerships, associations, or any other + organized groups domiciled and with substantial operations in + the United States. + (2) Corporations, partnerships, associations, or any other + organized groups domiciled in the United States with operations + outside the United States. + (3) Foreign domiciled corporations, partnerships, + associations, or any other organized groups with substantial + operations or business presence in, or substantial revenues + derived from, the United States. + (c) Information Requested.--The information sought from a +responding entity pursuant to the survey required by subsection (a) +shall include, at minimum, information on the following with respect to +the manufacture, design, or end use of semiconductors by such entity: + (1) An identification of the geographic scope of + operations. + (2) Information on relevant cost structures. + (3) An identification of types of semiconductors + development, manufacture, assembly, test, and packaging + equipment in operation at such entity. + (4) An identification of all relevant intellectual + property, raw materials, and semi-finished goods and components + sourced domestically and abroad by such entity. + (5) Specifications of the semiconductors manufactured or + designed by such entity, descriptions of the end-uses of such + semiconductors, and a description of any technical support + provided to end-users of such semiconductors by such entity. + (6) Information on domestic and export market sales by such + entity. + (7) Information on the financial performance, including + income and expenditures, of such entity. + (8) A list of all foreign and domestic subsidies, and any + other financial incentives, received by such entity in each + market in which such entity operates. + (9) A list of regulatory or other informational requests + about the entities' operations, sales, or other proprietary + information by the Government of the People's Republic of + China, entities under its direction or officials of the CCP, a + description of the nature of the request, and the type of + information provided. + (10) Information on any joint ventures, technology + licensing agreements, and cooperative research or production + arrangements of such entity. + (11) A description of efforts by such entity to evaluate + and control supply chain risks it faces. + (12) A list and description of any sales, licensing + agreements, or partnerships between such entity and the + People's Liberation Army or People's Armed Police, including + any business relationships with entities through which such + sales, licensing agreements, or partnerships may occur. + (d) Report.-- + (1) In general.--The Secretary of Commerce shall, in + consultation with the Secretary of Defense, the Secretary of + Homeland Security, and the heads of other appropriate Federal + departments and agencies, submit to Congress a report on the + results of the review required by subsection (a). The report + shall include the following: + (A) An assessment of the results of the survey. + (B) A list of critical technology areas impacted by + potential disruptions in production of semiconductors, + and a detailed description and assessment of the impact + of such potential disruptions on such areas. + (C) A description and assessment of gaps and + vulnerabilities in the semiconductors supply chain and + the national industrial supply base. + (2) Form.--The report required by paragraph (1) may be + submitted appropriate committees of Congress in classified + form. + +SEC. 1823. FUNDING FOR DEVELOPMENT AND ADOPTION OF SECURE SEMICONDUCTOR + AND SECURE SEMICONDUCTOR SUPPLY CHAINS. + + (a) Multilateral Semiconductor Security Fund.-- + (1) Establishment of fund.--There is established in the + Treasury of the United States a trust fund, to be known as the + ``Multilateral Semiconductor Security Fund'' (in this section + referred to as the ``Fund''), consisting of any appropriated + funds credited to the Fund. + (2) Purpose.--The purpose of the Fund shall be to work with + and support a variety of stakeholders, including governments, + businesses, academia, and civil society, and allies or partner + nations who are members of the Fund and are critical to the + global semiconductor supply chain in order to build safe and + secure semiconductor supply chains outside of and devoid of + entities from countries subject to a United States embargo. + Considerations for building safe and secure semiconductor + supply chains include, but are not limited to-- + (A) relevant semiconductor designs; + (B) chemicals and materials relevant to the + semiconductor industry; + (C) semiconductor design tools; + (D) semiconductor manufacturing equipment; and + (E) basic and applied semiconductor research + capability. + (3) Restriction of use of funds.-- + (A) Availability contingent on international + agreement.--Amounts in the Fund shall be available to + the Secretary of State, subject to appropriation, on + and after the date on which the Secretary enters into + an agreement with at least 5 other governments of + countries that are allies or partners of the United + States that are critical to the global semiconductor + supply chain to participate in the common funding + mechanism under subsection (b)(1) and the commitments + described in paragraph (2) of that subsection. + (B) Limitation.--At no point during fiscal years + 2021 through 2030 shall a United States contribution + cause the cumulative total of United States + contributions to exceed 33 percent of the total + contributions to the Fund from all sources. + (C) Notification.--The Secretary of State shall + notify the appropriate congressional committees not + later than 15 days in advance of making a contribution + to the Fund, including-- + (i) the amount of the proposed + contribution; + (ii) the total of funds contributed by + other donors; and + (iii) the national interests served by + United States participation in the Fund. + (D) Withholdings.-- + (i) Support for acts of international + terrorism.--If at any time the Secretary of + State determines that the Fund has provided + assistance to a country, the government of + which the Secretary of State has determined, + for purposes of section 620A of the Foreign + Assistance Act of 1961 (22 U.S.C. 2371) has + repeatedly provided support for acts of + international terrorism, the United States + shall immediately withhold contributions to the + Fund and cease participating in Fund + activities. + (ii) Support for embargoed countries.--If + at any time the Secretary of State determines + that the Fund, or any investments made by the + fund, has supported the semiconductor supply + chain of or an entity with a substantial nexus + to the semiconductor supply chain of a country + under a United States embargo, the United + States shall immediately withhold contributions + and no longer make any contributions until it + certifies that non-market economies do not + stand to benefit from investments made from the + Fund. + (iii) Excessive salaries.--If at any time + during any of the fiscal years 2021 through + 2025, the Secretary of State determines that + the salary of any individual employed by the + Fund exceeds the salary of the Vice President + of the United States for that fiscal year, then + the United States should withhold from its + contribution for the next fiscal year an amount + equal to the aggregate amount by which the + salary of each such individual exceeds the + salary of the Vice President of the United + States. + (4) Ensuring permanent member status.--If at any time the + Secretary of State certifies that the United States does not + have a permanent representative to the Board of Trustees as + established in paragraph (6), the Secretary shall withhold + contributions to the Fund until the Secretary certifies that + the United States is given a permanent seat. + (5) Composition.-- + (A) In general.--The Fund should be governed by a + Board of Trustees, to be composed of representatives of + participating allies and partners that are donors or + participants in the Fund. The Board of Trustees should + include-- + (i) 5 permanent member countries, who + qualify based upon meeting an established + initial contribution threshold, whose + contributions should cumulatively be not less + than 50 percent of total contributions, and who + should hold veto power over programs and + projects; and + (ii) 5 term members, as appropriate, who + are selected by the permanent members on the + basis of their commitment to building a free + secure semiconductor supply chain. + (B) Qualifications.--Individuals appointed to the + Board shall have demonstrated knowledge and experience + in the fields of semiconductors, semiconductor + manufacturing, and supply chain management. + (C) United states representation.-- + (i) In general.-- + (I) Founding permanent member.--The + Secretary of State shall seek to + establish the United States as a + founding permanent member of the Fund. + (II) Coordinator of united states + government activities to advance + semiconductor supply chain security.-- + The Secretary of State shall appoint an + individual qualified as according to + subparagraph (B) of this subsection to + represent the United States on the + Board of Trustees. + (ii) Effective and termination dates.-- + (I) Effective date.--This paragraph + shall take effect upon the date the + Secretary of State, in coordination + with the Secretary of the Treasury, + certifies and transmits to Congress an + agreement establishing the Fund. + (II) Termination date.--The + membership established pursuant to + clause (i) shall terminate upon the + date of termination of the Fund. + (D) Removal procedures.--The Fund shall establish + procedures for the removal of member donors of the + Board who do not abide by the Fund's core objectives as + defined in paragraph (4) of this section. + (6) Availability of amounts.-- + (A) In general.--Amounts in the Fund shall remain + available through the end of the 10th fiscal year + beginning after the date of the enactment of this Act. + (B) Remainder to treasury.--Any amounts remaining + in the Fund after the end of the fiscal year described + in subparagraph (A) shall be deposited in the general + fund of the Treasury. + (b) Common Funding Mechanism for Development and Adoption of Secure +Semiconductor and Secure Semiconductor Supply Chains.-- + (1) In general.--The Secretary of State, in consultation + with the Secretary of Commerce, Secretary of Energy, the + Secretary of Defense, the Secretary of Homeland Security, the + Secretary of the Treasury, and the Director of National + Intelligence, shall seek to establish a common funding + mechanism, in coordination with the governments of countries + that are Members of the Fund, that uses amounts from the Fund, + and amounts committed by such governments, to support those + efforts described in subsection (a). + (2) Mutual commitments.--The Secretary of State, in + consultation with the United States Trade Representative, the + Secretary of Treasury, and the Secretary of Commerce, shall + seek to negotiate a set of mutual commitments with the + governments of countries that are Members of the Fund upon + which to condition any expenditure of funds pursuant to the + common funding mechanism described in paragraph (1). Such + commitments shall, at a minimum-- + (A) develop common policies for the protection of + basic and applied research in both academic and + commercial settings; + (B) develop common reporting requirements for + researchers participating in talents programs of + countries subject to a United States arms embargo; + (C) establish substantially similar if not + identical export controls licensing requirements for + all segments of the semiconductor supply chain; + (D) establish substantially similar if not + identical policies for inbound investment from entities + with a substantial nexus to countries subject to an + embargo in all segments of the semiconductor supply + chain; + (E) establish harmonized treatment of + semiconductors and verification processes for the + importation of semiconductors or items incorporating + semiconductors from embargoed countries; + (F) establish common policies on protecting + knowledge, know-how, and personnel from migrating to + embargoed countries or taking employment with entities + with a substantial nexus to these countries; + (G) develop common policies, including disclosure + requirements and restrictions, on outbound investments, + including index funds, into entities that support or + contribute to the development of the semiconductor + industry in countries subject to an embargo; + (H) establish transparency requirements for any + subsidies or other financial benefits (including + revenue foregone) provided to semiconductor firms + located in or outside such countries; + (I) establish consistent policies with respect to + countries that-- + (i) are not participating in the common + funding mechanism; and + (ii) do not meet transparency requirements + established under subparagraph (H); + (J) promote harmonized treatment of semiconductor + and verification processes for items being exported to + a country considered a national security risk by a + country participating in the common funding mechanism; + (K) establish a consistent policies and common + external policies to address nonmarket economies as the + behavior of such countries pertains to semiconductor; + and + (L) align policies on supply chain integrity and + semiconductor security. + (3) Annual report to congress.--Not later than 1 year after + the date of the enactment of this Act, and annually thereafter + for each fiscal year during which amounts in the Fund are + available under subsection (a), the Secretary of State shall + submit to Congress a report on the status of the implementation + of this section that includes a description of-- + (A) any commitments made by the governments of + countries that are partners of the United States to + providing funding for the common funding mechanism + described in subsection (b)(1) and the specific amount + so committed; + (B) the criteria established for expenditure of + funds through the common funding mechanism; + (C) how, and to whom, amounts have been expended + from the Fund; + (D) amounts remaining in the Fund; + (E) the progress of the Secretary of State toward + entering into an agreement with the governments of + countries that are partners of the United States to + participate in the common funding mechanism and the + commitments described in subsection (b)(2); and + (F) any additional authorities needed to enhance + the effectiveness of the Fund in achieving the security + goals of the United States. + (4) Gao report on trust fund effectiveness.--Not later than + 2 years after the date that the Fund is formally established, + the Comptroller General of the United States shall submit to + the appropriate congressional committees a report evaluating + the effectiveness of the Fund, including-- + (A) the effectiveness of the programs, projects, + and activities supported by the Fund; and + (B) an assessment of the merits of continued United + States participation in the Fund. + +SEC. 1824. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN. + + (a) Appropriate Committees of Congress.--In this section, the term +``appropriate committees of Congress'' means-- + (1) the Committee on Intelligence, the Committee on + Commerce, Science, and Transportation, the Committee on Foreign + Relations, the Committee on Armed Services, the Committee on + Energy and Natural Resources, the Committee on Appropriations, + the Committee on Banking, Housing, and Urban Affairs, the + Committee on Health, Education, Labor, and Pensions and the + Committee on Homeland Security and Governmental Affairs of the + Senate; and + (2) the Permanent Select Committee on Intelligence, the + Committee on Energy and Commerce, the Committee on Foreign + Affairs, the Committee on Armed Services, the Committee on + Science, Space, and Technology, the Committee on Financial + Services, the Committee on Education and Labor and the + Committee on Homeland Security of the House of Representatives. + (b) Sense of Congress.--It is the sense of Congress that the +leadership of the United States in semiconductor technology and +innovation is critical to the economic growth and national security of +the United States. + (c) Subcommittee on Semiconductor Leadership.-- + (1) Establishment required.--The President shall establish + in the National Science and Technology Council a subcommittee + on matters relating to leadership of the United States in + semiconductor technology and innovation. + (2) Duties.--The duties of the subcommittee established + under paragraph (1) are as follows: + (A) National strategy on semiconductor research.-- + (i) Development.--In coordination with the + Secretary of Defense, the Secretary of Energy, + the Secretary of State, the Secretary of + Commerce, the Secretary of Homeland Security, + the Secretary of Labor, the Director of the + National Science Foundation, and the Director + of the National Institute of Standards and + Technology and in consultation with the + semiconductor industry and academia, develop a + national strategy on semiconductor research, + development, manufacturing, and supply chain + security, including guidance for the funding of + research, and strengthening of the domestic + semiconductors workforce. + (ii) Reporting and updates.--Not less + frequently than once every 5 years, to update + the strategy developed under clause (i) and to + submit the revised strategy to the appropriate + committees of Congress. + (iii) Implementation.--In coordination with + the Secretary of Defense, the Secretary of + Energy, the Secretary of State, the Secretary + of Commerce, the Secretary of Homeland + Security, the Director of the National Science + Foundation, and the Director of the National + Institute of Standards and Technology, on an + annual basis coordinate and recommend each + agency's semiconductor related research and + development programs and budgets to ensure + consistency with the National Semiconductor + Strategy. + (B) Fostering coordination of research and + development.--To foster the coordination of + semiconductor research and development. + (3) Sunset.--The subcommittee established under paragraph + (1) shall terminate on the date that is 10 years after the date + of enactment of this Act. + (d) Industrial Advisory Committee.--The President shall establish a +standing subcommittee of the President's Council of Advisors on Science +and Technology to advise the United States Government on matters +relating to semiconductors policy. + (e) National Semiconductor Technology Center.-- + (1) Establishment.--The Secretary of Commerce shall + establish a national semiconductor technology center to conduct + research and prototyping of advanced semiconductor technology + to strengthen the economic competitiveness and security of the + domestic supply chain, which will be operated as a public + private-sector consortium with participation from the private + sector, the Department of Defense, the Department of Energy, + the Department of Homeland Security, the National Science + Foundation, and the National Institute of Standards and + Technology. + (2) Functions.--The functions of the center established + under paragraph (1) shall be as follows: + (A) To conduct advanced semiconductor + manufacturing, design research, and prototyping that + strengthens the entire domestic ecosystem and is + aligned with the National Strategy on Semiconductor + Research. + (B) To establish a National Advanced Packaging + Manufacturing Program led by the National Institute of + Standards and Technology, in coordination with the + Center, to strengthen semiconductor advanced test, + assembly, and packaging capability in the domestic + ecosystem, and which shall coordinate with the + Manufacturing USA institute established under paragraph + (4). + (C) To establish an investment fund, in partnership + with the private sector, to support startups in the + domestic semiconductor ecosystem. + (D) To establish a Semiconductor Manufacturing + Program through the Director of the National Institute + of Standards and Technology to enable advances and + breakthroughs in measurement science, standards, + material characterization, instrumentation, testing, + and manufacturing capabilities that will accelerate the + underlying research and development for metrology of + next generation semiconductors and ensure the + competitiveness and leadership of the United States + within this sector. + (E) To work with the Secretary of Labor, the + private sector, educational institutions, and workforce + training entities to develop workforce training + programs and apprenticeships in advanced semiconductor + packaging capabilities. + (3) Components.--The fund established under paragraph + (2)(C) shall cover the following: + (A) Advanced metrology and characterization for + manufacturing of microchips using 3 nanometer + transistor processes or more advanced processes. + (B) Metrology for security and supply chain + verification. + (4) Creation of a manufacturing usa institute.--The fund + established under paragraph (2)(C) may also cover the creation + of a Manufacturing USA institute described in section 34(d) of + the National Institute of Standards and Technology Act (15 + U.S.C. 278s(d)) that is focused on semiconductor manufacturing. + Such institute may emphasize the following: + (A) Research to support the virtualization and + automation of maintenance of semiconductor machinery. + (B) Development of new advanced test, assembly and + packaging capabilities. + (C) Developing and deploying educational and skills + training curricula needed to support the industry + sector and ensure the United States can build and + maintain a trusted and predictable talent pipeline. + (f) Authorizations of Appropriations.-- + (1) National semiconductor technology center.-- + (A) In general.--There is authorized to be + appropriated to carry out subsection (e), $914,000,000 + for fiscal year 2021-- + (i) of which, $300,000,000 shall be + available to carry out subsection (e)(2)(A); + (ii) of which, $500,000,000 shall be + available to carry out subsection (e)(2)(B); + (iii) of which, $50,000,000 shall be + available to carry out subsection (e)(2)(C); + (iv) of which, $50,000,000 shall be + available to carry out subsection (e)(2)(D)-- + (I) of which, $2,000,000 shall be + available for each of fiscal year 2021 + to carry out subsection (e)(3)(A); + (II) of which, $2,000,000 shall be + available for fiscal years 2021 o carry + out subsection (e)(3)(B); and + (III) of which, $5,000,000 shall be + available for fiscal year 2021 to carry + out subsection (e)(4); and + (v) of which, $14,000,000 shall be + available to carry out subsection (e)(2)(E). + (2) Semiconductor research at national science + foundation.--There is authorized to be appropriated to carry + out programs at the National Science Foundation on + semiconductor research in alignment with the National Strategy + on Semiconductor Research, $300,000,000 for fiscal year 2021. + (3) Semiconductors research at the national institute of + standards and technology.--There is authorized to be + appropriated to carry out semiconductors research at the + National Institute of Standards and Technology $50,000,000 for + fiscal year 2021. + (g) Supplement, Not Supplant.--The amounts authorized to be +appropriated under paragraphs (1) through (3) of subsection (f) shall +supplement and not supplant amounts already appropriated to carry out +the purposes described in such paragraphs. + (h) Domestic Production Requirements.--The head of any executive +agency receiving funding under this section shall develop policies to +require domestic production, to the extent possible, for any +intellectual property resulting from semiconductors research and +development conducted as a result of these funds and domestic control +requirements to protect any such intellectual property from foreign +adversaries. + +SEC. 1825. PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN. + + (a) Definition.-- + (1) In this subtitle, the term ``foreign entity'' means-- + (A) any person-- + (i) controlled by, or is subject to the + jurisdiction or direction of a foreign + government; + (ii) who acts as an agent, representative, + is an employee of, or acts in any other + capacity at the order, request, or under the + direction or control, of a foreign government; + (iii) whose activities are directly or + indirectly supervised, directed, controlled, + financed, or subsidized in whole or in majority + part by an interest as described in + subparagraph (B) of this subsection; + (iv) who directly or indirectly through any + contract, arrangement, understanding, + relationship, or otherwise, owns 25 percent or + more of the equity interests of an interest as + described in subparagraph (B) of this + subsection, or has significant responsibility + to control, manage, or such an interest; + (v) who is a citizen or resident, wherever + located, of a nation-state controlled by a + foreign government; or + (B) any organization, corporation, partnership or + association-- + (i) organized under the laws of a nation- + state controlled by a foreign government; or + (ii) wherever organized or doing business, + that is owned or controlled by a foreign + government. + (2) In this subtitle, the term ``foreign entity of + concern'' means any foreign entity (as defined by paragraph (1) + of this section)-- + (A) designated as a foreign terrorist organization + by the Secretary of State under section 1189 of title + 8; + (B) included on the list of specially designated + nationals and blocked persons maintained by the Office + of Foreign Assets Control of the Department of the + Treasury; or + (C) alleged by the Attorney General to have been + involved in activities for which a conviction was + obtained under any of the following statutes: + (i) Espionage Act (18 U.S.C. 792 et seq.). + (ii) Section 951 or 1030 of title 18. + (iii) Economic Espionage Act (18 U.S.C. + 1831 et seq.). + (iv) Arms Export Control Act (22 U.S.C. + 2778). + (v) Section 2274, 2275, 2276, 2277, 2278, + or 2284 of title 42. + (vi) Export Control Reform Act (50 U.S.C. + 4801 et seq.). + (vii) International Economic Emergency + Powers Act (50 U.S.C. 1701 et seq.). + (b) Limitation.--None of the funds appropriated pursuant to an +authorization in this subtitle may be provided to a grantee that is +determined to be a foreign entity of concern (as defined by this +subtitle). + + Subtitle G--Biliteracy Education Seal and Teaching Act + +SEC. 1831. SHORT TITLE. + + This subtitle may be cited as the ``Biliteracy Education Seal and +Teaching Act'' or the ``BEST Act''. + +SEC. 1832. FINDINGS. + + Congress finds the following: + (1) The people of the United States celebrate cultural and + linguistic diversity and seek to prepare students with skills + to succeed in the 21st century. + (2) It is fitting to commend the dedication of students who + have achieved proficiency in multiple languages and to + encourage their peers to follow in their footsteps. + (3) The congressionally requested Commission on Language + Learning, in its 2017 report ``America's Languages: Investing + in Language Education for the 21st Century'', notes the + pressing national need for more people of the United States who + are proficient in two or more languages for national security, + economic growth, and the fulfillment of the potential of all + people of the United States. + (4) The Commission on Language Learning also notes the + extensive cognitive, educational, and employment benefits + deriving from biliteracy. + (5) Biliteracy in general correlates with higher graduation + rates, higher grade point averages, higher rates of + matriculation into higher education, and higher earnings for + all students, regardless of background. + (6) The study of America's languages in elementary and + secondary schools should be encouraged because it contributes + to a student's cognitive development and to the national + economy and security. + (7) Recognition of student achievement in language + proficiency will enable institutions of higher education and + employers to readily recognize and acknowledge the valuable + expertise of bilingual students in academia and the workplace. + (8) States such as Utah, Arizona, Washington, and New + Mexico have developed innovative testing methods for languages, + including Native American languages, where no formal + proficiency test currently exists. + (9) The use of proficiency in a government-recognized + official Native American language as the base language for a + Seal of Biliteracy, with proficiency in any additional partner + language demonstrated through tested proficiency, has been + successfully demonstrated in Hawaii. + (10) Students in every State and every school should be + able to benefit from a Seal of Biliteracy program. + +SEC. 1833. DEFINITIONS. + + In this subtitle: + (1) ESEA definitions.--The terms ``English learner'', + ``secondary school'', and ``State'' have the meanings given + those terms in section 8101 of the Elementary and Secondary + Education Act of 1965 (20 U.S.C. 7801). + (2) Native american languages.--The term ``Native American + languages'' has the meaning given the term in section 103 of + the Native American Languages Act (25 U.S.C. 2902). + (3) Seal of biliteracy program.--The term ``Seal of + Biliteracy program'' means any program described in section + 1834(a) that is established or improved, and carried out, with + funds received under this subtitle. + (4) Second language.--The term ``second language'' means + any language other than English (or a Native American language, + pursuant to section 1834(a)(2)), including Braille, American + Sign Language, or a Classical language. + (5) Secretary.--The term ``Secretary'' means the Secretary + of Education. + +SEC. 1834. GRANTS FOR STATE SEAL OF BILITERACY PROGRAMS. + + (a) Establishment of Program.-- + (1) In general.--From amounts made available under + subsection (f), the Secretary shall award grants, on a + competitive basis, to States to enable the States to establish + or improve, and carry out, Seal of Biliteracy programs to + recognize student proficiency in speaking, reading, and writing + in both English and a second language. + (2) Inclusion of native american languages.-- + Notwithstanding paragraph (1), each Seal of Biliteracy program + shall contain provisions allowing the use of Native American + languages, including allowing speakers of any Native American + language recognized as official by any American government, + including any Tribal government, to use equivalent proficiency + in speaking, reading, and writing in the Native American + language in lieu of proficiency in speaking, reading, and + writing in English. + (3) Duration.--A grant awarded under this section shall be + for a period of 2 years, and may be renewed at the discretion + of the Secretary. + (4) Renewal.--At the end of a grant term, a State that + receives a grant under this section may reapply for a grant + under this section. + (5) Limitations.--A State shall not receive more than 1 + grant under this section at any time. + (6) Return of unspent grant funds.--Each State that + receives a grant under this section shall return any unspent + grant funds not later than 6 months after the date on which the + term for the grant ends. + (b) Grant Application.--A State that desires a grant under this +section shall submit an application to the Secretary at such time, in +such manner, and containing such information and assurances as the +Secretary may require, including-- + (1) a description of the criteria a student must meet to + demonstrate the proficiency in speaking, reading, and writing + in both languages necessary for the State Seal of Biliteracy + program; + (2) a detailed description of the State's plan-- + (A) to ensure that English learners and former + English learners are included in the State Seal of + Biliteracy program; + (B) to ensure that-- + (i) all languages, including Native + American languages, can be tested for the State + Seal of Biliteracy program; and + (ii) Native American language speakers and + learners are included in the State Seal of + Biliteracy program, including students at + tribally controlled schools and at schools + funded by the Bureau of Indian Education; and + (C) to reach students, including eligible students + described in subsection (c)(2) and English learners, + their parents, and schools with information regarding + the State Seal of Biliteracy program; + (3) an assurance that a student who meets the requirements + under paragraph (1) and subsection (c) receives-- + (A) a permanent seal or other marker on the + student's secondary school diploma or its equivalent; + and + (B) documentation of proficiency on the student's + official academic transcript; and + (4) an assurance that a student is not charged a fee for + providing information under subsection (c)(1). + (c) Student Participation in a Seal of Biliteracy Program.-- + (1) In general.--To participate in a Seal of Biliteracy + program, a student shall provide information to the State that + serves the student at such time, in such manner, and including + such information and assurances as the State may require, + including an assurance that the student has met the criteria + established by the State under subsection (b)(1). + (2) Student eligibility for participation.--A student who + gained proficiency in a second language outside of school may + apply under paragraph (1) to participate in a Seal of + Biliteracy program. + (d) Use of Funds.--Grant funds made available under this section +shall be used for-- + (1) the administrative costs of establishing or improving, + and carrying out, a Seal of Biliteracy program that meets the + requirements of subsection (b); and + (2) public outreach and education about the Seal of + Biliteracy program. + (e) Report.--Not later than 18 months after receiving a grant under +this section, a State shall issue a report to the Secretary describing +the implementation of the Seal of Biliteracy program for which the +State received the grant. + (f) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section $10,000,000 for each of fiscal +years 2021 through 2025. + + Subtitle H--Accountability for World Bank Loans to China + +SEC. 1841. SHORT TITLE. + + This subtitle may be cited as the ``Accountability for World Bank +Loans to China Act of 2019''. + +SEC. 1842. FINDINGS. + + The Congress finds as follows: + (1) Possessing more than $3,000,000,000,000 in foreign + exchange reserves, the People's Republic of China has devoted + state resources to establish the Asian Infrastructure + Investment Bank, the New Development Bank, and activities under + the Belt and Road Initiative, potentially creating rivals to + the multilateral development banks led by the United States and + its allies. + (2) The International Bank for Reconstruction and + Development (IBRD), the World Bank's primary financing + institution for middle-income countries, ceases to finance + (``graduates'') countries that are able to sustain long-term + development without recourse to Bank resources. + (3) The IBRD examines a country's potential graduation when + the country reaches the Graduation Discussion Income (GDI), + which amounts to a Gross National Income (GNI) per capita of + $6,975. + (4) The World Bank calculates China's GNI per capita as + equivalent to $9,470. + (5) According to the Center for Global Development, China + has received $7,800,000,000 in IBRD commitments since crossing + the GDI threshold in 2016. + +SEC. 1843. UNITED STATES SUPPORT FOR GRADUATION OF CHINA FROM WORLD + BANK ASSISTANCE. + + (a) In General.--The United States Governor of the International +Bank for Reconstruction and Development (IBRD) shall instruct the +United States Executive Director at the IBRD that it is the policy of +the United States to-- + (1) pursue the expeditious graduation of the People's + Republic of China from assistance by the IBRD, consistent with + the lending criteria of the IBRD; and + (2) until the graduation of China from IBRD assistance, + prioritize projects in China that contribute to global public + goods, to the extent practicable. + (b) Sunset.--Subsection (a) shall have no force or effect on or +after the earlier of-- + (1) the date that is 7 years after the date of the + enactment of this Act; or + (2) the date that the Secretary of the Treasury reports to + the Committee on Financial Services of the House of + Representatives and the Committee on Foreign Relations of the + Senate that termination of subsection (a) is important to the + national interest of the United States, with a detailed + explanation of the reasons therefor. + +SEC. 1844. ACCOUNTABILITY FOR WORLD BANK LOANS TO THE PEOPLE'S REPUBLIC + OF CHINA. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the United States Governor of the International +Bank for Reconstruction and Development (in this section referred to as +the ``IBRD'') shall submit the report described in subsection (b) to +the Committee on Financial Services of the House of Representatives and +the Committee on Foreign Relations of the Senate. + (b) Report Described.--The report described in this subsection +shall include the following: + (1) A detailed description of the efforts of the United + States Governor of the IBRD to enforce the timely graduation of + countries from the IBRD, with a particular focus on the efforts + with regard to the People's Republic of China. + (2) If the People's Republic of China is a member country + of the IBRD, an explanation of any economic or political + factors that have prevented the graduation of the People's + Republic of China from the IBRD. + (3) A discussion of any effects resulting from fungibility + and IBRD lending to China, including the potential for IBRD + lending to allow for funding by the government of the People's + Republic of China of activities that may be inconsistent with + the national interest of the United States. + (4) An action plan to help ensure that the People's + Republic of China graduates from the IBRD within 2 years after + submission of the report, consistent with the lending + eligibility criteria of the IBRD. + (c) Waiver of Requirement That Report Include Action Plan.--The +Secretary of the Treasury may waive the requirement of subsection +(b)(4) on reporting to the Committee on Financial Services of the House +of Representatives and the Committee on Foreign Relations of the Senate +that the waiver is important to the national interest of the United +States, with a detailed explanation of the reasons therefor. + +SEC. 1845. ENSURING DEBT TRANSPARENCY WITH RESPECT TO THE BELT AND ROAD + INITIATIVE. + + Within 180 days after the date of the enactment of this Act, the +Secretary of the Treasury shall, in consultation with the Secretary of +State, submit to the Committee on Financial Services and the Committee +on Foreign Affairs of the House of Representatives and the Committee on +Foreign Relations of the Senate a report (which should be submitted in +unclassified form but may include a classified annex) that includes the +following: + (1) An assessment of the level of indebtedness of countries + receiving assistance through the Belt and Road Initiative that + are also beneficiary countries of the international financial + institutions, including the level and nature of indebtedness to + the People's Republic of China or an entity owned or controlled + by the government of the People's Republic of China. + (2) An analysis of debt management assistance provided by + the World Bank, the International Monetary Fund, and the Office + of Technical Assistance of the Department of the Treasury to + borrowing countries of the Belt and Road Initiative of the + People's Republic of China (or any comparable initiative or + successor initiative of China). + (3) An assessment of the effectiveness of United States + efforts, including bilateral efforts and multilateral efforts, + at the World Bank, the International Monetary Fund, other + international financial institutions and international + organizations to promote debt transparency. + + Subtitle I--Employment Fairness for Taiwan + +SEC. 1851. SHORT TITLE. + + This subtitle may be cited as the ``Employment Fairness for Taiwan +Act of 2020''. + +SEC. 1852. SENSE OF THE CONGRESS. + + It is the sense of the Congress that-- + (1) Taiwan is responsible for remarkable achievements in + economic and democratic development, with its per capita gross + domestic product rising in purchasing power parity terms from + $3,470 in 1980 to more than $55,000 in 2018; + (2) the experience of Taiwan in creating a vibrant and + advanced economy under democratic governance and the rule of + law can inform the work of the international financial + institutions, including through the contributions and insights + of Taiwan nationals; and + (3) Taiwan nationals who seek employment at the + international financial institutions should not be held at a + disadvantage in hiring because the economic success of Taiwan + has rendered it ineligible for financial assistance from such + institutions. + +SEC. 1853. FAIRNESS FOR TAIWAN NATIONALS REGARDING EMPLOYMENT AT + INTERNATIONAL FINANCIAL INSTITUTIONS. + + (a) In General.--The Secretary of the Treasury shall instruct the +United States Executive Director at each international financial +institution to use the voice and vote of the United States to seek to +ensure that Taiwan nationals are not discriminated against in any +employment decision by the institution, including employment through +consulting or part-time opportunities, on the basis of-- + (1) whether they are citizens or nationals of, or holders + of a passport issued by, a member country of, or a state or + other jurisdiction that receives assistance from, the + international financial institution; or + (2) any other consideration that, in the determination of + the Secretary, unfairly disadvantages Taiwan nationals with + respect to employment at the institution. + (b) International Financial Institution Defined.--In this section, +the term ``international financial institution'' has the meaning given +the term in section 1701(c)(2) of the International Financial +Institutions Act. + (c) Waiver Authority.--The Secretary of the Treasury may waive +subsection (a) for not more than 1 year at a time after reporting to +the Committee on Financial Services of the House of Representatives and +the Committee on Foreign Relations of the Senate that providing the +waiver-- + (1) will substantially promote the objective of equitable + treatment for Taiwan nationals at the international financial + institutions; or + (2) is in the national interest of the United States, with + a detailed explanation of the reasons therefor. + (d) Progress Report.--The Chairman of the National Advisory Council +on International Monetary and Financial Policies shall submit to the +committees specified in subsection (c) an annual report, in writing, +that describes the progress made toward advancing the policy described +in subsection (a), and a summary of employment trends with respect to +Taiwan nationals at the international financial institutions. + (e) Sunset.--The preceding provisions of this section shall have no +force or effect beginning with the earlier of-- + (1) the date that is 7 years after the date of the + enactment of this Act; or + (2) the date that the Secretary of the Treasury reports to + the committees specified in subsection (c) that each + international financial institution has adopted the policy + described in subsection (a). + + DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS + +SEC. 2001. SHORT TITLE. + + This division may be cited as the ``Military Construction +Authorization Act for Fiscal Year 2021''. + +SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE + SPECIFIED BY LAW. + + (a) Expiration of Authorizations After Three Years.--Except as +provided in subsection (b), all authorizations contained in titles XXI +through XXVII and title XXIX for military construction projects, land +acquisition, family housing projects and facilities, and contributions +to the North Atlantic Treaty Organization Security Investment Program +(and authorizations of appropriations therefor) shall expire on the +later of-- + (1) October 1, 2023; or + (2) the date of the enactment of an Act authorizing funds + for military construction for fiscal year 2024. + (b) Exception.--Subsection (a) shall not apply to authorizations +for military construction projects, land acquisition, family housing +projects and facilities, and contributions to the North Atlantic Treaty +Organization Security Investment Program (and authorizations of +appropriations therefor), for which appropriated funds have been +obligated before the later of-- + (1) October 1, 2023; or + (2) the date of the enactment of an Act authorizing funds + for fiscal year 2024 for military construction projects, land + acquisition, family housing projects and facilities, or + contributions to the North Atlantic Treaty Organization + Security Investment Program. + +SEC. 2003. EFFECTIVE DATE. + + Titles XXI through XXVII and title XXIX shall take effect on the +later of-- + (1) October 1, 2020; or + (2) the date of the enactment of this Act. + + TITLE XXI--ARMY MILITARY CONSTRUCTION + +SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2103(a) and available for military +construction projects inside the United States as specified in the +funding table in section 4601, the Secretary of the Army may acquire +real property and carry out military construction projects for the +installations or locations inside the United States, and in the +amounts, set forth in the following table: + + Army: Inside the United States +------------------------------------------------------------------------ + State Installation Amount +------------------------------------------------------------------------ +Alaska........................ Fort Wainwright....... $91,500,000 +Arizona....................... Yuma Proving Ground... $14,000,000 +Colorado...................... Fort Carson........... $28,000,000 +Georgia....................... Fort Gillem........... $71,000,000 + Fort Gordon........... $80,000,000 +Hawaii........................ Fort Shafter.......... $26,000,000 + Schofield Barracks.... $39,000,000 + Wheeler Army Air Field $89,000,000 +Louisiana..................... Fort Polk............. $25,000,000 +Oklahoma...................... McAlester Army $35,000,000 + Ammunition Plant..... +Virginia...................... Humphreys Engineer $51,000,000 + Center............... +------------------------------------------------------------------------ + +SEC. 2102. FAMILY HOUSING. + + (a) Construction and Acquisition.--Using amounts appropriated +pursuant to the authorization of appropriations in section 2103(a) and +available for military family housing functions as specified in the +funding table in section 4601, the Secretary of the Army may construct +or acquire family housing units (including land acquisition and +supporting facilities) at the installations, and in the amounts, set +forth in the following table: + + Army: Family Housing +---------------------------------------------------------------------------------------------------------------- + State/Country Installation Units Amount +---------------------------------------------------------------------------------------------------------------- +Italy................................... Vicenza.................. Family Housing New $84,100,000 + Construction............. +Kwajalein............................... Kwajalein Atoll........... Family Housing Replacement $32,000,000 + Construction............. +---------------------------------------------------------------------------------------------------------------- + + (b) Planning and Design.--Using amounts appropriated pursuant to +the authorization of appropriations in section 2103(a) and available +for military family housing functions as specified in the funding table +in section 4601, the Secretary of the Army may carry out architectural +and engineering services and construction design activities with +respect to the construction or improvement of family housing units in +an amount not to exceed $3,300,000. + +SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2020, +for military construction, land acquisition, and military family +housing functions of the Department of the Army as specified in the +funding table in section 4601. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2101 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 4601. + +SEC. 2104. LIMITATION ON MILITARY CONSTRUCTION PROJECT AT KWAJALEIN + ATOLL. + + The Secretary of the Army may not commence the military +construction project authorized by section 2101(b) at Kwajalein Atoll, +as specified in the funding table in section 4601, and none of the +funds authorized to be appropriated by this Act for that military +construction project may be obligated or expended, until the Secretary +submits to Committees on Armed Services of the House of Representatives +and the Senate a design plan for the project that ensures that, upon +completion of the project, the project will be resilient to 15 inches +of sea level rise and periods of complete inundation and wave-overwash +predicted during the 10-year period beginning on the date of the +enactment of this Act. + +SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2017 PROJECT. + + In the case of the authorization contained in the table in section +2102(a) of the National Defense Authorization Act for Fiscal Year 2017 +(Public Law 114-328; 130 Stat. 2689) for Camp Walker, Korea, for family +housing new construction, as specified in the funding table in section +4601 of such Act (130 Stat. 2883), the Secretary of the Army may +construct an elevated walkway between two existing parking garages to +connect children's playgrounds. + + TITLE XXII--NAVY MILITARY CONSTRUCTION + +SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2203(a) and available +for military construction projects inside the United States as +specified in the funding table in section 4601, the Secretary of the +Navy may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Navy: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Arizona....................................... Marine Corps Air Station Yuma................... $99,600,000 +California.................................... Marine Corps Base Camp Pendleton................ $68,530,000 + Naval Air Station Lemoore....................... $187,220,000 + Naval Base San Diego............................ $128,500,000 + Marine Corps Air Ground Combat Center Twentynine $76,500,000 + Palms.......................................... +Guam.......................................... Andersen Air Force Base......................... $21,280,000 + Joint Region Marianas........................... $546,550,000 +Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $114,900,000 +Maine......................................... Portsmouth Naval Shipyard....................... $715,000,000 +Nevada........................................ Fallon Range Training Complex................... $29,040,000 +Virginia...................................... Naval Station Norfolk........................... $30,400,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2203(a) and available +for military construction projects outside the United States as +specified in the funding table in section 4601, the Secretary of the +Navy may acquire real property and carry out military construction +projects for the installations or locations outside the United States, +and in the amounts, set forth in the following table: + + Navy: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Bahrain Island................................ Naval Support Activity Bahrain.................. $68,340,000 +Greece........................................ Naval Support Activity Souda Bay................ $50,180,000 +Spain......................................... Naval Station Rota.............................. $60,110,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2202. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING + UNITS. + + (a) Family Housing.--Using amounts appropriated pursuant to the +authorization of appropriations in section 2203(a) and available for +military family housing functions as specified in the funding table in +section 4601, the Secretary of the Navy may carry out architectural and +engineering services and construction design activities with respect to +the construction or improvement of family housing units in an amount +not to exceed $5,854,000. + (b) Improvements to Military Family Housing Units.--Subject to +section 2825 of title 10, United States Code, and using amounts +appropriated pursuant to the authorization of appropriations in section +2203(a) and available for military family housing functions as +specified in the funding table in section 4601, the Secretary of the +Navy may improve existing military family housing units in an amount +not to exceed $37,043,000. + +SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2020, +for military construction, land acquisition, and military family +housing functions of the Department of the Navy, as specified in the +funding table in section 4601. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2201 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 4601. + + TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION + +SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION + PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2303(a) and available +for military construction projects inside the United States as +specified in the funding table in section 4601, the Secretary of the +Air Force may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Air Force: Inside the United States +------------------------------------------------------------------------ + Installation or + State Location Amount +------------------------------------------------------------------------ +California................... Edwards Air Force Base $40,000,000 +Guam......................... Joint Region Marianas. $56,000,000 +New Jersey................... Joint Base McGuire-Dix- $22,000,000 + Lakehurst............ +Texas........................ Joint Base San $19,500,000 + Antonio. +Virginia..................... Joint Base Langley- $19,500,000 + Eustis. +------------------------------------------------------------------------ + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2303(a) and available +for military construction projects outside the United States as +specified in the funding table in section 4601, the Secretary of the +Air Force may acquire real property and carry out military construction +projects for the installation or location outside the United States, +and in the amount, set forth in the following table: + + Air Force: Outside the United States +------------------------------------------------------------------------ + Installation or + Country Location Amount +------------------------------------------------------------------------ +Qatar......................... Al Udeid............. $26,000,000 +------------------------------------------------------------------------ + +SEC. 2302. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING + UNITS. + + (a) Family Housing.--Using amounts appropriated pursuant to the +authorization of appropriations in section 2303(a) and available for +military family housing functions as specified in the funding table in +section 4601, the Secretary of the Air Force may carry out +architectural and engineering services and construction design +activities with respect to the construction or improvement of family +housing units in an amount not to exceed $2,969,000. + (b) Improvements to Military Family Housing Units.--Subject to +section 2825 of title 10, United States Code, and using amounts +appropriated pursuant to the authorization of appropriations in section +2303(a) and available for military family housing functions as +specified in the funding table in section 4601, the Secretary of the +Air Force may improve existing military family housing units in an +amount not to exceed $94,245,000. + +SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2020, +for military construction, land acquisition, and military family +housing functions of the Department of the Air Force, as specified in +the funding table in section 4601. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2301 may not +exceed the total amount authorized to be appropriated under subsection +(a), as specified in the funding table in section 4601. + +SEC. 2304. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2018 PROJECT. + + (a) Modification of Project Authority.--In the case of the +authorization contained in the table in section 2301(b) of the National +Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 +Stat. 1826) for Royal Air Force Lakenheath, United Kingdom, for +construction of a 2,384 square-meter Consolidated Corrosion Control +Facility, as specified in the funding table in section 4601 of such Act +(131 Stat. 2004), the Secretary of the Air Force may construct a 2,700 +square-meter Consolidated Corrosion Control and Wash Rack Facility. + (b) Modification of Project Amounts.-- + (1) Division b table.--The authorization table in section + 2301(b) of the National Defense Authorization Act for Fiscal + Year 2018 (Public Law 115-91; 131 Stat. 1826) is amended in the + item relating to Royal Air Force Lakenheath, United Kingdom, by + striking ``$136,992,000'' and inserting ``$172,292,000'' to + reflect the project modification made by subsection (a). + (2) Division d table.--The funding table in section 4601 of + the National Defense Authorization Act for Fiscal Year 2018 + (Public Law 115-91; 131 Stat. 2004) is amended in the item + relating to Royal Air Force Lakenheath, Consolidated Corrosion + Control Facility, by striking ``$20,000'' in the Conference + Authorized column and inserting ``$55,300'' to reflect the + project modification made by subsection (a). + +SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2019 PROJECTS. + + (a) Eielson Air Force Base, Alaska.--In the case of the +authorization contained in the table in section 2301(a) of the National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 +Stat. 2246) for Eielson Air Force Base, Alaska, for construction of a +F-35 CATM Range, as specified in the funding table in section 4601 of +such Act (132 Stat. 2404), the Secretary of the Air Force may construct +a 426 square-meter outdoor range with covered and heated firing lines. + (b) Barksdale Air Force Base, Louisiana.-- + (1) Modification of project authority.--In the case of the + authorization contained in table in section 2301(a) of the + National Defense Authorization Act for Fiscal Year 2019 (Public + Law 115-232; 132 Stat. 2246) for Barksdale Air Force Base, + Louisiana, for construction of an Entrance Road and Gate + Complex the Secretary of the Air Force may construct a 190 + square meter visitor control center, 44 square meter gate + house, 124 square meter privately owned vehicle inspection + facility, 338 square meter truck inspection facility and a 45 + square meter gatehouse. + (2) Project conditions.--The military construction project + referred to in paragraph (1) shall be carried out consistent + with the Unified Facilities Criteria relating to Entry Control + Facilities and applicable construction guidelines of the + Department of the Air Force. Construction in a flood plain is + authorized, subject to the condition that the Secretary of the + Air Force include appropriate mitigation measures. + (3) Modification of project amounts.-- + (A) Division b table.--The authorization table in + section 2301(a) of the National Defense Authorization + Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. + 2246) is amended in the item relating to Barksdale Air + Force Base, Louisiana, by striking ``$12,250,000'' and + inserting ``$48,000,000'' to reflect the project + modification made by paragraph (1). + (B) Division d table.--The funding table in section + 4601 of the National Defense Authorization Act for + Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2404) + is amended in the item relating to Barksdale Air Force + Base, Louisiana, by striking ``$12,250'' in the + Conference Authorized column and inserting ``$48,000'' + to reflect the project modification made by paragraph + (1). + (c) Royal Air Force Lakenheath, United Kingdom.--In the case of the +authorization contained in the table in section 2301(b) of the National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 +Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for +construction of a 485 square-meter F-35A ADAL Conventional Munitions +MX, as specified in the funding table of section 4601 of such Act (132 +Stat. 2405), the Secretary of the Air Force may construct a 1,206 +square-meter maintenance facility for such purpose. + (d) Force Protection and Safety.--The funding table in section 4601 +of the National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232; 132 Stat. 2406) is amended in the item relating to Force +Protection and Safety under Military Construction, Air Force, by +striking ``$35,000'' in the Conference Authorized column and inserting +``$50,000'' to reflect amounts appropriated for such purpose. + +SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2020 PROJECTS. + + (a) Tyndall Air Force Base, Florida.--In the case of the +authorizations contained in the table in section 2912(a) of the +National Defense Authorization Act for Fiscal Year 2020 (Public Law +116-92; 133 Stat. 1913) for Tyndall Air Force Base, Florida-- + (1) for construction of an Auxiliary Ground Equipment + Facility, as specified in the funding table in section 4603 of + such Act (133 Stat. 2103), the Secretary of the Air Force may + construct up to 4,770 square meters of aircraft support + equipment storage; + (2) for construction of Dorm Complex Phase 1, as specified + in such funding table, the Secretary of the Air Force may + construct up to 18,770 square meters of visiting quarters; + (3) for construction of Lodging Facilities Phase 1, as + specified in such funding table, the Secretary of the Air Force + may construct up to 12,471 meters of visiting quarters. + (4) for construction of an Operations Group/Maintenance + Group HQ at the installation, as specified in such funding + table, the Secretary of the Air Force may construct up to 3,420 + square meters of headquarters; + (5) for construction of Ops/Aircraft Maintenance Unit/ + Hangar number 2 and Ops/Aircraft Maintenance Unit/Hangar number + 3, as specified in such funding table, the Secretary of the Air + Force may construct 2,127 square meters of squadron operations + and 2,875 square meters of aircraft maintenance unit for each + project; + (6) for construction of a Security Forces Mobility Storage + Facility, as specified in such funding table, the Secretary of + the Air Force may construct up to 930 square meters of + equipment storage; and + (7) for construction of Site Development, Utilities, and + Demolition Phase 2, as specified in such funding table, the + Secretary of the Air Force may construct up to 7,000 meters of + storm water piping, box culverts, underground detention, and + grading for surface detention. + (b) Offutt Air Force Base, Nebraska.--In the case of the +authorizations contained in the table in section 2912(a) of the +National Defense Authorization Act for Fiscal Year 2020 (Public Law +116-92; 133 Stat. 1913) for Offutt Air Force Base, Nebraska-- + (1) for construction of an Emergency Power Microgrid, as + specified in the funding table in section 4603 of such Act (133 + Stat. 2104), the Secretary of the Air Force may construct seven + 2.5-megawatt diesel engine generators, seven diesel exhaust + fluid systems, 15-kV switchgear, two import/export inter-ties, + five import-only inter-ties, and 800 square meters of + switchgear facility; + (2) for construction of a Flightline Hangars Campus, as + specified in such funding table, the Secretary of the Air Force + may construct 445 square meter of petroleum operations center, + 268 square meters of de-icing liquid storage, and 173 square + meters of warehouse; and + (3) for construction of a Lake Campus, as specified in such + funding table, the Secretary of the Air Force may construct 240 + square meters of recreation complex and 270 square meters of + storage; + (4) for construction of a Logistics Readiness Squadron + Campus, as specified in such funding table, the Secretary of + the Air Force may construct 2,536 square meters of warehouse; + and + (5) for construction of a Security Campus, as specified in + such funding table, the Secretary of the Air Force may + construct 4,218 square meters of operations center and 1,343 + square meters of military working dog kennel. + (c) Joint Base Langley-Eustis, Virginia.--In the case of the +authorization contained in the table in section 2912(a) of the National +Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 +Stat. 1913) for Joint Base Langley-Eustis, Virginia, for construction +of a Dormitory at the installation, as specified in the funding table +in section 4603 of such Act (133 Stat. 2104), the Secretary of the Air +Force may construct up to 6,720 square meters of dormitory. + +SEC. 2307. TECHNICAL CORRECTIONS RELATED TO AUTHORITY TO CARRY OUT + CERTAIN FISCAL YEAR 2020 FAMILY HOUSING PROJECTS. + + (a) Authorization of Omitted Spangdahlem Air Base Family Housing +Project.--Using amounts appropriated pursuant to the authorization of +appropriations in section 2304(a) of the National Defense Authorization +Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1869) and +available for military family housing functions, the Secretary of the +Air Force may carry out the military family housing project at +Spangdahlem Air Base, Germany, as specified in the funding table in +section 4601 of such Act (133 Stat. 2099). + (b) Correction of Amount Authorized for Family Housing +Improvements.--Section 2303 of the National Defense Authorization Act +for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1869) is amended by +striking ``$53,584,000'' and inserting ``$46,638,000'' to reflect the +amount specified in the funding table in section 4601 of such Act (133 +Stat. 2099) for Construction Improvements under Family Housing +Construction, Air Force. + + TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION + +SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for military construction projects inside the United States as +specified in the funding table in section 4601, the Secretary of +Defense may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Defense Agencies: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Alabama......................................... Anniston Army Depot........................ $18,000,000 +Alaska.......................................... Fort Greely................................ $48,000,000 +Arizona......................................... Fort Huachuca.............................. $33,728,000 + Marine Corps Air Station Yuma.............. $49,500,000 +California...................................... Beale Air Force Base....................... $22,800,000 +Colorado........................................ Fort Carson................................ $15,600,000 +CONUS Unspecified............................... CONUS Unspecified.......................... $14,400,000 +Florida......................................... Hurlburt Field............................. $83,120,000 +Kentucky........................................ Fort Knox.................................. $69,310,000 +New Mexico...................................... Kirtland Air Force Base.................... $46,600,000 + North Carolina................................. Fort Bragg................................. $113,800,000 +Ohio............................................ Wright-Patterson Air Force Base............ $23,500,000 +Texas........................................... Fort Hood.................................. $32,700,000 +Virginia........................................ Joint Expeditionary Base Little Creek-Story $112,500,000 +Washington...................................... Joint Base Lewis-McChord................... $21,800,000 + Navy Fuel Depot Manchester................. $82,000,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for military construction projects outside the United States as +specified in the funding table in section 4601, the Secretary of +Defense may acquire real property and carry out military construction +projects for the installation or location outside the United States, +and in the amount, set forth in the following table: + + Defense Agencies: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Japan........................................... Defense Fuel Support Point Tsurumi........ $49,500,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT + PROGRAM PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for energy conservation projects as specified in the funding table in +section 4601, the Secretary of Defense may carry out energy +conservation projects under chapter 173 of title 10, United States +Code, for the installations or locations inside the United States, and +in the amounts, set forth in the following table: + + ERCIP Projects: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Alabama...................................... Fort Rucker................................... $24,000,000 +Arkansas..................................... Ebbing Air National Guard Base................ $2,600,000 +California................................... Marine Corps Air Ground Combat Center $11,646,000 + Twentynine Palms............................. + Military Ocean Terminal Concord............... $29,000,000 + Naval Support Activity Monterey............... $10,540,000 + Naval Air Weapons Station China Lake.......... $8,950,000 + District of Columbia........................ Joint Base Anacostia-Bolling.................. $44,313,000 +Georgia...................................... Fort Benning.................................. $17,000,000 +Maryland..................................... Naval Support Activity Bethesda............... $13,840,000 + Naval Support Activity South Potomac.......... $18,460,000 +Missouri..................................... Whiteman Air Force Base....................... $17,310,000 +Nevada....................................... Creech Air Force Base......................... $32,000,000 +North Carolina............................... Fort Bragg.................................... $6,100,000 +Ohio......................................... Wright-Patterson Air Force Base............... $35,000,000 +Tennessee.................................... Memphis Air National Guard Base............... $4,780,000 +Virginia..................................... Naval Medical Center Portsmouth............... $611,000 + Surface Combat Systems Center Wallops Island.. $9,100,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for energy conservation projects as specified in the funding table in +section 4601, the Secretary of Defense may carry out energy +conservation projects under chapter 173 of title 10, United States +Code, for the installation or location outside the United States, and +in the amount, set forth in the following table: + + ERCIP Projects: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Italy........................................ Naval Support Activity Naples................. $3,490,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2020, +for military construction, land acquisition, and military family +housing functions of the Department of Defense (other than the military +departments), as specified in the funding table in section 4601. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2401 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 4601. + +SEC. 2404. MILITARY CONSTRUCTION INFRASTRUCTURE AND WEAPON SYSTEM + SYNCHRONIZATION FOR GROUND BASED STRATEGIC DETERRENT. + + (a) Authorization for Planning and Design.--Of the amounts +authorized to be appropriated for research, development, test, and +evaluation, Air Force, for fiscal year 2021, for the Ground Based +Strategic Deterrent, as specified in the funding table in section 4201, +the Secretary of the Air Force may use not more than $15,000,000 for +the purpose of obtaining or carrying out necessary planning and +construction design in connection with military construction projects +and other infrastructure projects necessary to support the development +and fielding of the Ground Based Strategic Deterrent weapon system. + (b) Air Force Project Management and Supervision.--Each contract +entered into by the United States for a military construction project +or other infrastructure project in connection with the development and +fielding of the Ground Based Strategic Deterrence weapon system shall +be carried out under the direction and supervision of the Secretary of +the Air Force. The Secretary may utilize and consult with the Air Force +Civil Engineer Center, the Army Corps of Engineers, and the Naval +Facilities Engineering Command for subject matter expertise, +contracting capacity, and other support as determined to be necessary +by the Secretary to carry out this section. + (c) Use of Single Prime Contractor.--The Secretary of the Air Force +may award contracts for planning and construction design and for +military construction projects and other infrastructure projects +authorized by law in connection with the development and fielding of +the Ground Based Strategic Deterrent weapon system to a single prime +contractor if the Secretary determines that awarding the contracts to a +single prime contractor-- + (1) is in the best interest of the Government; and + (2) is necessary to ensure the proper synchronization and + execution of work related to the development and fielding of + the Ground Based Strategic Deterrent weapon system and its + associated military construction projects and other + infrastructure projects. + (d) Exceptions to Current Law.--The Secretary of the Air Force may +carry out this section without regard to the following provisions of +law: + (1) Section 2304 of title 10, United States Code. + (2) Section 2807(a) of such title. + (3) Section 2851(a) of such title. + (e) Expiration of Authority.--The authorities provided by this +section shall expire upon the earlier of the following: + (1) The date that is 15 years after the date of the + enactment of this Act. + (2) The date on which the Secretary of the Air Force + submits to the congressional defense committees a certification + that the fielding of the Ground Based Strategic Deterrent + weapon system is complete. + (f) Report Required.--Not later than 1 year after the date of the +enactment of this Act, the Secretary of the Air Force shall submit to +the congressional defense committees a report describing the plans to +synchronize the development and fielding of the Ground Based Strategic +Deterrent weapon system and its associated military construction +projects and other infrastructure projects. The report shall contain, +at minimum, the following elements: + (1) A description of the estimated total cost, scope of + work, location, and schedule for the planning and design, + military construction, and other infrastructure investments + necessary to support the development and fielding of the Ground + Based Strategic Deterrent weapon system. + (2) A recommendation regarding the methods by which a + programmatic military construction authorization, authorization + of appropriations, and appropriation, on an installation-by- + installation basis, could be used to support the synchronized + development and fielding of the Ground Based Strategic + Deterrent and its associated military construction projects and + other infrastructure projects. + (3) Identification of the specific provisions of law, if + any, that the Secretary determines may adversely impact or + delay the development and fielding of the Ground Based + Strategic Deterrent weapon system and its associated + construction projects, assuming, as described in paragraph (2), + the use of a programmatic military construction authorization + on an installation-by-installation basis. + (4) A plan to ensure sufficient capability and capacity to + cover civilian and military manning for oversight and contract + management related to the development and fielding of the + Ground Based Strategic Deterrent weapon system and its + associated construction projects. + + TITLE XXV--INTERNATIONAL PROGRAMS + + Subtitle A--North Atlantic Treaty Organization Security Investment + Program + +SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + The Secretary of Defense may make contributions for the North +Atlantic Treaty Organization Security Investment Program as provided in +section 2806 of title 10, United States Code, in an amount not to +exceed the sum of the amount authorized to be appropriated for this +purpose in section 2502 and the amount collected from the North +Atlantic Treaty Organization as a result of construction previously +financed by the United States. + +SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. + + (a) Authorization.--Funds are hereby authorized to be appropriated +for fiscal years beginning after September 30, 2020, for contributions +by the Secretary of Defense under section 2806 of title 10, United +States Code, for the share of the United States of the cost of projects +for the North Atlantic Treaty Organization Security Investment Program +authorized by section 2501 as specified in the funding table in section +4601. + (b) Authority To Carry Out Project and Recognize NATO Authorization +Amounts as Budgetary Resources for Project Execution.--When the United +States is designated as the Host Nation for the purposes of executing a +project under the NATO Security Investment Program (NSIP), the +Department of Defense construction agent may carry out the project and +recognize the NATO project authorization amounts as budgetary resources +to incur obligations for the purposes of executing the NSIP project. + + Subtitle B--Host Country In-Kind Contributions + +SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. + + Pursuant to agreement with the Republic of Korea for required in- +kind contributions, the Secretary of Defense may accept military +construction projects for the installations or locations in the +Republic of Korea, and in the amounts, set forth in the following +table: + + Republic of Korea Funded Construction Projects +---------------------------------------------------------------------------------------------------------------- + Component Installation or Location Project Amount +---------------------------------------------------------------------------------------------------------------- +Army................................... Camp Carroll.............. Site Development............. $49,000,000 +Army................................... Camp Humphreys............ Attack Reconnaissance $99,000,000 + Battalion Hangar............ +Army................................... Camp Humphreys............ Hot Refuel Point............. $35,000,000 +Navy................................... COMROKFLT Naval Base, Maritime Operations Center... $26,000,000 + Busan.................... +Air Force.............................. Daegu Air Base............ AGE Facility and Parking $14,000,000 + Apron....................... +Air Force.............................. Kunsan Air Base........... Backup Generator Plant....... $19,000,000 +Air Force.............................. Osan Air Base............ Aircraft Corrosion Control $12,000,000 + Facility (Phase 3).......... +Air Force.............................. Osan Air Base............. Child Development Center..... $20,000,000 +Air Force.............................. Osan Air Base............. Munitions Storage Area Delta $84,000,000 + (Phase 1)................... +Defense-Wide........................... Camp Humphreys............ Elementary School............ $58,000,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2512. STATE OF QATAR FUNDED CONSTRUCTION PROJECTS. + + Pursuant to agreement with the State of Qatar for required in-kind +contributions, the Secretary of Defense may accept military +construction projects for Al Udeid Air Base in the State of Qatar, and +in the amounts, set forth in the following table: + + State of Qatar Funded Construction Projects +---------------------------------------------------------------------------------------------------------------- + Component Installation Project Amount +---------------------------------------------------------------------------------------------------------------- +Air Force.............................. Al Udeid.................. Billet (A12)................. $63,000,000 + Billet (BI2)................. $63,000,000 + Billet (D l 0)............... $77,000,000 + Billet (009)................. $77,000,000 + Billet (007)................. $77,000,000 + Armory/Mount................. $7,200,000 + Billet (A06)................. $77,000,000 + Dining Facility.............. $14,600,000 + Billet (BOS)................. $77,000,000 + Billet (B04)................. $77,000,000 + Billet (A04)................. $77,000,000 + Billet (AOS)................. $77,000,000 + Dining Facility.............. $14,600,000 + MSG (Base Operations Support $9,300,000 + Facility)................... + ITN (Communications Facility) $3,500,000 +---------------------------------------------------------------------------------------------------------------- + + TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES + +SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Army may acquire real property and carry out military +construction projects for the Army National Guard locations inside the +United States, and in the amounts, set forth in the following table: + + Army National Guard +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Arizona..................................... National Guard Armory Tucson..................... $18,100,000 +Colorado.................................... Peterson Air Force Base.......................... $15,000,000 +Indiana..................................... Army Aviation Support Facility Shelbyville....... $12,000,000 +Kentucky.................................... Boone National Guard Center Frankfort............ $15,000,000 +Mississippi................................. National Guard Armory Brandon.................... $10,400,000 +Nebraska.................................... National Guard Armory North Platte............... $9,300,000 +New Jersey.................................. Joint Base McGuire-Dix-Lakehurst................. $15,000,000 +Ohio........................................ Beightler Armory Columbus........................ $15,000,000 +Oregon...................................... Hermiston National Guard Armory.................. $25,035,000 +Puerto Rico................................. Fort Allen....................................... $37,000,000 +South Carolina.............................. Joint Base Charleston............................ $15,000,000 +Tennessee................................... National Guard Armory McMinnville................ $11,200,000 +Texas....................................... National Guard Readiness Center Fort Worth....... $13,800,000 +Utah........................................ National Guard Armory Nephi...................... $12,000,000 +Virgin Islands.............................. LTC Lionel A. Jackson Armory St. Croix........... $39,400,000 +Wisconsin................................... National Guard Armory Appleton................... $11,600,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION + PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Army may acquire real property and carry out military +construction projects for the Army Reserve locations inside the United +States, and in the amounts, set forth in the following table: + + Army Reserve +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Florida....................................... Reserve Center Gainesville..................... $36,000,000 +Massachusetts................................. Devens Reserve Forces Training Area............ $8,700,000 +North Carolina................................ Reserve Center Asheville....................... $24,000,000 +Wisconsin..................................... Fort McCoy..................................... $14,600,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE + CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Navy may acquire real property and carry out the +military construction projects for the Navy Reserve and Marine Corps +Reserve locations inside the United States, and in the amounts, set +forth in the following table: + + Navy Reserve and Marine Corps Reserve +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Maryland........................................ Reserve Training Center, Camp Fretterd $39,500,000 + Reisterstown.............................. +Utah............................................ Hill Air Force Base........................ $25,010,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Air Force may acquire real property and carry out +military construction projects for the Air National Guard locations +inside the United States, and in the amounts, set forth in the +following table: + + Air National Guard +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Alabama......................................... Montgomery Regional Airport Air National $11,600,000 + Guard Base................................ +Guam............................................ Joint Region Marianas...................... $20,000,000 +Maryland........................................ Joint Base Andrews......................... $9,400,000 +Texas........................................... Joint Base San Antonio..................... $10,800,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Air Force may acquire real property and carry out +military construction projects for the Air Force Reserve location +inside the United States, and in the amount, set forth in the following +table: + + Air Force Reserve +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Texas......................................... Naval Air Station Joint Reserve Base Fort Worth $14,200,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE. + + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2020, for the costs of acquisition, +architectural and engineering services, and construction of facilities +for the Guard and Reserve Forces, and for contributions therefor, under +chapter 1803 of title 10, United States Code (including the cost of +acquisition of land for those facilities), as specified in the funding +table in section 4601. + +SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2020 PROJECT. + + In the case of the authorization contained in the table in section +2601 of the National Defense Authorization Act for Fiscal Year 2020 +(Public Law 116-92; 133 Stat. 1875) for Anniston Army Depot, Alabama, +for construction of an Enlisted Transient Barracks, as specified in the +funding table in section 4601 of such Act (133 Stat. 2096), the +Secretary of the Army may carry out the project at Fort McClellan, +Alabama. + + TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES + +SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND + CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE + BASE CLOSURE ACCOUNT. + + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2020, for base realignment and closure +activities, including real property acquisition and military +construction projects, as authorized by the Defense Base Closure and +Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 +U.S.C. 2687 note) and funded through the Department of Defense Base +Closure Account established by section 2906 of such Act (as amended by +section 2711 of the Military Construction Authorization Act for Fiscal +Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as +specified in the funding table in section 4601. + + TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS + + Subtitle A--Military Construction Program Changes + +SEC. 2801. MODIFICATION AND CLARIFICATION OF CONSTRUCTION AUTHORITY IN + THE EVENT OF A DECLARATION OF WAR OR NATIONAL EMERGENCY. + + (a) Limitation on Amount of Funds Available for National +Emergency.--Section 2808 of title 10, United States Code, is amended-- + (1) by redesignating subsections (b) and (c) as subsections + (e) and (f), respectively; and + (2) by inserting after subsection (a) the following new + subsection: + ``(c) Limitation on Amount of Funds Available for National +Emergency.--(1) Except as provided in paragraph (2), in the event of a +declaration by the President of a national emergency in which the +construction authority described in subsection (a) is used, the total +cost of all military construction projects undertaken using that +authority during the national emergency may not exceed $500,000,000. + ``(2) In the event of a national emergency declaration in which the +construction authority described in subsection (a) will be used only +within the United States, the total cost of all military construction +projects undertaken using that authority during the national emergency +may not exceed $100,000,000.''. + (b) Additional Conditions on Source of Funds.--Section 2808(a) of +title 10, United States Code, is amended by striking the second +sentence and inserting the following new subsection: + ``(b) Conditions on Sources of Funds.--A military construction +project to be undertaken using the construction authority described in +subsection (a) may be undertaken only within the total amount of funds +that have been appropriated for military construction, including funds +appropriated for family housing, that-- + ``(1) remain unobligated as of the date on which the first + contract would be entered into in connection with that military + construction project undertaken using such authority; and + ``(2) are available because the military construction + project for which the funds were appropriated-- + ``(A) has been canceled; or + ``(B) has reduced costs as a result of project + modifications or other cost savings.''. + (c) Waiver of Other Provisions of Law.--Section 2808 of title 10, +United States Code, is amended by inserting after subsection (c), as +added by subsection (a), the following new subsection: + ``(d) Waiver of Other Provisions of Law in Event of National +Emergency.--In the event of a declaration by the President of a +national emergency in which the construction authority described in +subsection (a) is used, the authority provided by such subsection to +waive or disregard another provision of law that would otherwise apply +to a military construction project authorized by this section may be +used only if-- + ``(1) such other provision of law does not provide a means + by which compliance with the requirements of the law may be + waived, modified, or expedited; and + ``(2) the Secretary of Defense determines that the nature + of the national emergency necessitates the noncompliance with + the requirements of the law.''. + (d) Additional Notification Requirements.--Subsection (e) of +section 2808 of title 10, United States Code, as redesignated by +subsection (a)(1), is amended-- + (1) by striking ``of the decision'' and all that follows + through the end of the subsection and inserting the following: + ``of the following: + ``(A) The reasons for the decision to use the construction + authority described in subsection (a), including, in the event + of a declaration by the President of a national emergency, the + reasons why use of the armed forces is required in response to + the declared national emergency. + ``(B) The construction projects to be undertaken using the + construction authority described in subsection (a), including, + in the event of a declaration by the President of a national + emergency, an explanation of how each construction project + directly supports the immediate security, logistical, or short- + term housing and ancillary supporting facility needs of the + members of the armed forces used in the national emergency. + ``(C) The estimated cost of the construction projects to be + undertaken using the construction authority described in + subsection (a), including the cost of any real estate action + pertaining to the construction projects, and certification of + compliance with the funding conditions imposed by subsections + (b) and (c). + ``(D) Any determination made pursuant to subsection (d)(2) + to waive or disregard another provision of law to undertake any + construction project using the construction authority described + in subsection (a). + ``(E) The military construction projects, including any + military family housing and ancillary supporting facility + projects, whose cancellation, modification, or other cost + savings result in funds being available to undertake + construction projects using the construction authority + described in subsection (a) and the possible impact of the + cancellation or modification of such military construction + projects on military readiness and the quality of life of + members of the armed forces and their dependents.''; and + (2) by adding at the end the following new paragraph: + ``(2) In the event of a declaration by the President of a national +emergency in which the construction authority described in subsection +(a) is used, a construction project to be undertaken using such +construction authority may be carried out only after the end of the +five-day period beginning on the date the notification required by +paragraph (1) is received by the appropriate committees of Congress.''. + (e) Clerical Amendments.--Section 2808 of title 10, United States +Code, is further amended-- + (1) in subsection (a), by inserting ``Construction + Authorized.--'' after ``(a)''; + (2) in subsection (e), as redesignated by subsection + (a)(1), by inserting ``Notification Requirement.--(1)'' after + ``(e)''; and + (3) in subsection (f), as redesignated by subsection + (a)(1), by inserting ``Termination of Authority.--'' after + ``(f)''. + (f) Exception for Pandemic Mitigation and Response Projects.-- +Subsections (b), (c), (d) of section 2808 of title 10, United States +Code, as added by this section, shall not apply to a military +construction project commenced under the authority of subsection (a) of +such section 2808 during the emergency period described in section +1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) +if the Secretary of Defense determines that the military construction +project will directly support pandemic mitigation and response efforts +of health care providers or support members of the Armed Forces +directly participating in such pandemic mitigation and response +efforts. Subsection (e) of section 2808 of title 10, United States +Code, as redesignated by subsection (a)(1) and amended by subsection +(d) of this section, shall still apply to any such military +construction project. + +SEC. 2802. EXTENSION OF SUNSET FOR ANNUAL LOCALITY ADJUSTMENT OF DOLLAR + THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR MILITARY + CONSTRUCTION AUTHORITIES. + + Section 2805(f)(3) of title 10, United States Code, is amended by +striking ``2022'' and inserting ``2027''. + +SEC. 2803. MODIFICATION OF REPORTING REQUIREMENT REGARDING COST + INCREASES ASSOCIATED WITH CERTAIN MILITARY CONSTRUCTION + PROJECTS AND MILITARY FAMILY HOUSING PROJECTS. + + (a) Elimination of Submission to Comptroller General.--Section +2853(f) of title 10, United States Code, is amended-- + (1) in paragraphs (1) and (3), by striking ``and the + Comptroller General of the United States''; and + (2) by striking paragraph (6). + (b) Synchronization of Notification Requirements.--Section +2853(c)(1) of title 10, United States Code, is amended by inserting +after ``cost increase'' in the matter preceding subparagraph (A) the +following: ``(subject to subsection (f))''. + +SEC. 2804. EXPANSION OF DEPARTMENT OF DEFENSE LAND EXCHANGE AUTHORITY. + + (a) Additional Purposes Authorized.--Paragraph (1) of section +2869(a) of title 10, United States Code, is amended by striking ``the +real property, to transfer'' and all that follows through the end of +the paragraph and inserting the following: ``the real property-- + ``(A) to transfer to the United States all right, title, + and interest of the person in and to a parcel of real property, + including any improvements thereon under the person's control; + ``(B) to carry out a land acquisition, including the + acquisition of all right, title, and interest or a lesser + interest in real property under an agreement entered into under + section 2684a of this title to limit encroachments and other + constraints on military training, testing, and operations; or + ``(C) to provide installation-support services (as defined + in 2679(e) of this title), a replacement facility, or + improvements to an existing facility, as agreed upon between + the Secretary concerned and the person.''. + (b) Requirements for Acceptance of Replacement Facilities.--Section +2869(a) of title 10, United States Code, is further amended by adding +at the end the following new paragraph: + ``(3) The Secretary concerned may agree to accept a replacement +facility or improvements to an existing facility under paragraph (1)(C) +only if the Secretary concerned determines that the replacement +facility or improvements-- + ``(A) are completed and usable, fully functional, and ready + for occupancy; + ``(B) satisfy all operational requirements; and + ``(C) meet all Federal, State, and local requirements + applicable to the facility relating to health, safety, and the + environment.''. + (c) Fair Market Value Requirement.--Section 2869(b)(1) of title 10, +United States Code, is amended-- + (1) in the first sentence, by striking ``of the land to + be'' and inserting ``of the real property, installation-support + services, replacement facility, or improvements to an existing + facility''; and + (2) in the second sentence, by striking ``of the land is + less than the fair market value of the real property to be + conveyed'' and inserting ``of the real property conveyed by the + Secretary concerned exceeds the fair market value of the real + property, installation-support services, replacement facility, + or improvements received by the Secretary''. + (d) Relation to Other Military Construction Requirements.--Section +2869 of title 10, United States Code, is amended by adding at the end +the following new subsection: + ``(h) Relation to Other Military Construction Requirements.--The +acquisition of real property or an interest therein, a replacement +facility, or improvements to an existing facility using the authority +provided by this section shall not be treated as a military +construction project for which an authorization is required by section +2802 of this title.''. + (e) Delayed Implementation of Amendments.--The amendments made by +this section shall take effect on the date of the enactment of this +Act, but the Secretary concerned (as defined in section 2801(c)(5) of +title 10, United States Code) may not enter into any real estate +transaction authorized by such amendments until after the date on which +the Secretary of Defense issues final regulations providing for the +implementation of such amendments by the Department of Defense. + +SEC. 2805. CONGRESSIONAL PROJECT AUTHORIZATION REQUIRED FOR MILITARY + CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE, ENERGY + SECURITY, AND ENERGY CONSERVATION. + + (a) Replacement of Notice and Wait Authority.--Section 2914 of +title 10, United States Code, is amended to read as follows: +``Sec. 2914. Military construction projects for energy resilience, + energy security, and energy conservation + ``(a) Project Authorization Required.--The Secretary of Defense may +carry out such military construction projects for energy resilience, +energy security, and energy conservation as are authorized by law, +using funds appropriated or otherwise made available for that purpose. + ``(b) Submission of Project Proposals.--(1) As part of the +Department of Defense Form 1391 submitted to the appropriate committees +of Congress for a military construction project covered by subsection +(a), the Secretary of Defense shall include the following information: + ``(A) The project title. + ``(B) The location of the project. + ``(C) A brief description of the scope of work. + ``(D) The original project cost estimate and the current + working cost estimate, if different. + ``(E) Such other information as the Secretary considers + appropriate. + ``(2) In the case of a military construction project for energy +conservation, the Secretary also shall include the following +information: + ``(A) The original expected savings-to-investment ratio and + simple payback estimates and measurement and verification cost + estimate. + ``(B) The most current expected savings-to-investment ratio + and simple payback estimates and measurement and verification + plan and costs. + ``(C) A brief description of the measurement and + verification plan and planned funding source. + ``(3) In the case of a military construction project for energy +resilience or energy security, the Secretary also shall include the +rationale for how the project would enhance mission assurance, support +mission critical functions, and address known vulnerabilities.''. + (b) Clerical Amendment.--The table of sections at the beginning of +subchapter I of chapter 173 of title 10, United States Code, is amended +by striking the item relating to section 2914 and inserting the +following new item: + +``2914. Military construction projects for energy resilience, energy + security, and energy conservation.''. + +SEC. 2806. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE + OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS + IN CERTAIN AREAS OUTSIDE THE UNITED STATES. + + (a) Extension of Authority.--Subsection (h) of section 2808 of the +Military Construction Authorization Act for Fiscal Year 2004 (division +B of Public Law 108-136; 117 Stat. 1723), as most recently amended by +section 2807(a) of the Military Construction Authorization Act for +Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2264), is further +amended-- + (1) in paragraph (1), by striking ``December 31, 2020'' and + inserting ``December 31, 2021''; and + (2) paragraph (2), by striking ``fiscal year 2021'' and + inserting ``fiscal year 2022''. + (b) Continuation of Limitation on Use of Authority.--Subsection (c) +of section 2808 of the Military Construction Authorization Act for +Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as +most recently amended by section 2807(b) of the Military Construction +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +2264), is further amended-- + (1) by striking ``either'' and inserting ``each''; and + (2) by inserting after the first paragraph (2) the + following new subparagraph: + ``(C) The period beginning October 1, 2020, and ending on + the earlier of December 31, 2021, or the date of the enactment + of an Act authorizing funds for military activities of the + Department of Defense for fiscal year 2022.''. + (c) Technical Corrections.--Subsection (c) of section 2808 of the +Military Construction Authorization Act for Fiscal Year 2004 (division +B of Public Law 108-136; 117 Stat. 1723), as most recently amended by +section 2807(b) of the Military Construction Authorization Act for +Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2264) and subsection +(b) of this section, is further amended-- + (1) by redesignating the second paragraph (1) as + subparagraph (A); and + (2) by redesignating the first paragraph (2) as + subparagraph (B). + +SEC. 2807. PILOT PROGRAM TO SUPPORT COMBATANT COMMAND MILITARY + CONSTRUCTION PRIORITIES. + + (a) Pilot Program.--The Secretary of Defense shall conduct a pilot +program to evaluate the usefulness of reserving a portion of the +military construction funds of the military departments to help the +combatant commands satisfy their military construction priorities in a +timely manner. + (b) Location.--The Secretary of Defense shall conduct the pilot +program for the benefit of the United States Indo-Pacific Command in +the area of responsibility of the United States Indo-Pacific Command. + (c) Required Investment.--For each fiscal year during which the +pilot program is conducted, the Secretary of Defense shall reserve to +carry out military construction projects under the pilot program an +amount equal to 10 percent of the total amount authorized to be +appropriated for military construction projects by titles XXI, XXII, +and XXIII of the Military Construction Authorization Act for that +fiscal year. + (d) Commencement and Duration.-- + (1) Commencement.--The Secretary of Defense shall commence + the pilot program no later than October 1, 2023. The Secretary + may commence the pilot program as early as October 1, 2022, if + the Secretary determines that compliance with the reservation + of funds requirement under subsection (c) is practicable + beginning with fiscal year 2023. + (2) Duration.--The pilot program shall be in effect for the + fiscal year in which the Secretary commences the pilot program, + as described in paragraph (1), and the subsequent 2 fiscal + years. Any construction commenced under the pilot program + before the expiration date may continue to completion. + (e) Progress Report.--Not later than February 15 of the final +fiscal year of the pilot program, the Secretary of Defense shall submit +to the congressional defense committees a report evaluating the success +of the pilot program in improving the timeliness of the United States +Indo-Pacific Command in achieving its military construction priorities. +The Secretary shall include in the report-- + (1) an evaluation of the likely positive and negative + impacts were the pilot program extended or made permanent and, + if extended or made permanent, the likely positive and negative + impacts of expansion to cover all or additional combatant + commands; and + (2) the recommendations of the Secretary regarding whether + the pilot program should be extended or made permanent and + expanded. + +SEC. 2808. BIANNUAL REPORT REGARDING MILITARY INSTALLATIONS SUPPORTED + BY DISASTER RELIEF APPROPRIATIONS. + + (a) Report Required.--Biannually through September 30, 2025, both +the Secretary of the Air Force and the Secretary of the Navy shall +submit to the relevant congressional committees a report regarding the +obligation and expenditure at military installations under the +jurisdiction of the Secretary concerned of appropriations made +available to the Secretary concerned in title V of the Military +Construction, Veterans Affairs, and Related Agencies Appropriations +Act, 2020 (division F of Public Law 116-94). + (b) Elements of Report.--Each report under subsection (a) shall +include for the period covered by the report the following elements: + (1) The timeline for award of contracts for each military + construction project to be funded with appropriations referred + to in subsection (a). + (2) The status, including obligations and expenditures, of + each contract already awarded for such military construction + projects. + (3) An assessment of the contracting capacity of the + communities in the vicinity of such military installations to + support such contracts. + (4) The expectations that such local communities will be + required to address. + (c) Public Availability of Report.--The information in each report +specific to a particular military installation shall be made available +online using a public forum commonly used in the locality in which the +installation is located. + (d) Early Termination.--Notwithstanding the date specified in +subsection (a), the Secretary of the Air Force and the Secretary of the +Navy may terminate the reporting requirement applicable to the +Secretary concerned under such subsection effective on the date on +which the Secretary concerned certifies to the relevant congressional +committees that at least 90 percent of the appropriations referred to +in such subsection and made available to the Secretary concerned have +been expended. + (e) Relevant Congressional Committees Defined.--In this section, +the term ``relevant congressional committees'' means-- + (1) the Committee on Armed Services and the Subcommittee on + Military Construction, Veterans Affairs, and Related Agencies + of the Committee on Appropriations of the House of + Representatives; and + (2) the Committee on Armed Services and the Subcommittee on + Military Construction, Veterans Affairs, and Related Agencies + of the Senate. + + Subtitle B--Military Family Housing Reforms + +SEC. 2811. EXPENDITURE PRIORITIES IN USING DEPARTMENT OF DEFENSE FAMILY + HOUSING IMPROVEMENT FUND. + + (a) In General.--Section 2883(d)(1) of title 10, United States +Code, is amended-- + (1) by inserting ``(A)'' after ``(1)''; and + (2) by adding at the end the following new subparagraph: + ``(B) The Secretary of Defense shall require that eligible entities +receiving amounts from the Department of Defense Family Housing +Improvement Fund prioritize the use of such amounts for expenditures +related to operating expenses, debt payments, and asset +recapitalization before other program management-incentive fee +expenditures.''. + (b) Effective Date.--The requirements set forth in subparagraph (B) +of section 2883(d)(1) of title 10, United States Code, as added by +subsection (a), shall apply to appropriate legal documents entered into +or renewed on or after the date of the enactment of this Act between +the Secretary of a military department and a landlord regarding +privatized military housing. In this subsection, the terms ``landlord'' +and ``privatized military housing'' have the meanings given those terms +in section 3001(a) of the Military Construction Authorization Act for +Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat. 1916; 10 +U.S.C. 2821 note). + +SEC. 2812. PROMULGATION OF GUIDANCE TO FACILITATE RETURN OF MILITARY + FAMILIES DISPLACED FROM PRIVATIZED MILITARY HOUSING. + + (a) Guidance Required.--The Secretary of Defense shall promulgate +guidance for commanders of military installations and installation +housing management offices to facilitate and manage the return of +tenants who are displaced from privatized military housing-- + (1) as a result of an environmental hazard or other damage + adversely affecting the habitability of the privatized military + housing; or + (2) during remediation or repair activities in response to + the hazard or damages. + (b) Availability of Reimbursement.--As part of the guidance, the +Secretary of Defense shall identify situations in which a tenant of +privatized military housing should be reimbursed for losses to personal +property of the tenant that are not covered by insurance and are +incurred by the tenant in the situations described in subsection (a). + (c) Consultation.--The Secretary of Defense shall promulgate the +guidance in consultation with the Secretaries of the military +departments, the Chief Housing Officer, landlords, and other interested +persons. + (d) Implementation.--The Secretaries of the military departments +shall be responsible for ensuring the implementation of the guidance at +military installations under the jurisdiction of the Secretary +concerned. + (e) Definitions.--In this section, the terms ``landlord'', +``privatized military housing'', and ``tenant'' have the meanings given +those terms in section 3001(a) of the Military Construction +Authorization Act for Fiscal Year 2020 (division B of Public Law 116- +92; 133 Stat. 1916; 10 U.S.C. 2821 note). + +SEC. 2813. PROMULGATION OF GUIDANCE ON MOLD MITIGATION IN PRIVATIZED + MILITARY HOUSING. + + (a) Guidance Required.--The Secretary of Defense shall establish a +working group to promulgate guidance regarding best practices for mold +mitigation in privatized military housing and for making the +determination regarding when the presence of mold in a unit of home +privatized military housing is an emergency situation requiring the +relocation of the residents of the unit. + (b) Members.--The working groups shall include the Surgeon Generals +of the Armed Forces and such other subject-matter experts as the +Secretary considers appropriate. + +SEC. 2814. EXPANSION OF UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED + MILITARY HOUSING AND HAZARD AND HABITABILITY INSPECTION + AND ASSESSMENT REQUIREMENTS TO GOVERNMENT-OWNED AND + GOVERNMENT-CONTROLLED MILITARY FAMILY HOUSING. + + (a) Uniform Code of Basic Standards for Military Housing.--The +Secretary of Defense shall expand the uniform code of basic housing +standards for safety, comfort, and habitability for privatized military +housing established pursuant to section 3051(a) of the Military +Construction Authorization Act for Fiscal Year 2020 (division B of +Public Law 116-92; 133 Stat. 1941; 10 U.S.C. 2871 note) to include +Government-owned and Government-controlled military family housing +located inside or outside the United States and occupied by members of +the Armed Forces. + (b) Inspection and Assessment Plan.--The Secretary of Defense shall +expand the Department of Defense housing inspection and assessment plan +prepared pursuant to section 3051(b) of the Military Construction +Authorization Act for Fiscal Year 2020 (division B of Public Law 116- +92; 133 Stat. 1941; 10 U.S.C. 2871 note) to include Government-owned +and Government-controlled military family housing located inside or +outside the United States and occupied by members of the Armed Forces +and commence inspections and assessments of such military family +housing pursuant to the plan. + +SEC. 2815. ESTABLISHMENT OF EXCEPTIONAL FAMILY MEMBER PROGRAM HOUSING + LIAISON. + + (a) Establishment.--Not later than September 30, 2021, each +Secretary of a military department shall appoint at least one +Exceptional Family Member Program housing liaison for that military +department. + (b) Duties.--The duties of a Exceptional Family Member Program +housing liaison are to assist military families enrolled in that +Program, and who are disproportionally housed in facilities under the +Military Housing Privatization Initiative, in obtaining cost-effective +services needed by such families. + +SEC. 2816. DEPARTMENT OF DEFENSE REPORT ON CRITERIA AND METRICS USED TO + EVALUATE PERFORMANCE OF LANDLORDS OF PRIVATIZED MILITARY + HOUSING THAT RECEIVE INCENTIVE FEES. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report-- + (1) describing the criteria and metrics currently used by + the Department of Defense to analyze the performance of + landlords that receive incentive fees; + (2) evaluating the effectiveness of such criteria and + metrics in accurately judging the performance of such + landlords; and + (3) containing such recommendations as the Secretary + considers appropriate to revise such criteria and metrics to + better evaluate the performance of such landlords. + (b) Preparation of Report.--To prepare the report required by +subsection (a), the Secretary of Defense first shall solicit the views +of the Secretaries of the military departments. + (c) Definitions.--In this section, the terms ``incentive fees'' and +``landlord'' have the meanings given those terms in paragraphs (9) and +(10) of section 2871 of title 10, United States Code. + +SEC. 2817. REPORT ON DEPARTMENT OF DEFENSE EFFORTS REGARDING OVERSIGHT + AND ROLE IN MANAGEMENT OF PRIVATIZED MILITARY HOUSING. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the Committees on Armed +Services of the Senate and the House of Representatives a report on the +progress made by the Department of Defense in implementing the +recommendations contained in the report of the Comptroller General +regarding military housing entitled ``DOD Needs to Strengthen Oversight +and Clarify Its Role in the Management of Privatized Housing'' and +dated March 2020 (GAO-20-281). + +SEC. 2818. IMPROVED DEPARTMENT OF DEFENSE AND LANDLORD RESPONSE TO + IDENTIFICATION AND REMEDIATION OF SEVERE ENVIRONMENTAL + HEALTH HAZARDS IN MILITARY HOUSING. + + (a) Definitions.--In this section: + (1) The terms ``landlord'', ``privatized military + housing'', and ``tenant'' have the meanings given those terms + in section 3001(a) of the Military Construction Authorization + Act for Fiscal Year 2020 (division B of Public Law 116-92; 133 + Stat. 1916; 10 U.S.C. 2821 note). + (2) The term ``severe environmental health hazard'' means + asbestos, radon, lead, and such other hazardous substances as + the Secretary of Defense may designate. + (b) Guidance Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this section, the Secretary of Defense shall + issue guidance regarding hazard assessments conducted under + section 3052(b) of the Military Construction Authorization Act + for Fiscal Year 2020 (division B of Public Law 116-92; 10 + U.S.C. 2821 note) subsection (b) and under the process + developed under section 3053(a) of such Act (10 U.S.C. 2821 + note) to improve Department of Defense and landlord + identification and resolution of severe environmental health + hazards in housing under the jurisdiction of the Department of + Defense (including privatized military housing). + (2) Testing and inspection requirements.--The guidance + issued under this subsection shall specifically require, on an + annual basis or at more frequent intervals as the Secretary + considers appropriate, the following: + (A) Testing in housing under the jurisdiction of + the Department of Defense (including privatized + military housing) for known severe environmental health + hazards. + (B) Inspections of such housing to determine the + efficacy of mitigation or encapsulation measures + regarding severe environmental health hazards. Such + inspections shall be performed by qualified home + inspectors (as described in section 3051(d) of the + Military Construction Authorization Act for Fiscal Year + 2020 (division B of Public Law 116-92; 10 U.S.C. 2821 + note) and adhere to recognized industry practices and + standards. + (3) Additional requirement for lead encapsulation.--The + guidance issued under this subsection shall specifically + require that testing of the integrity of lead encapsulation + will be performed on an emergency basis at the request of the + affected tenant. + (4) Prompt notification requirement.--The results of + testing and inspections described in paragraphs (2) and (3) + shall be shared with the tenant of the affected housing within + 48 hours after receipt of the results by the housing management + office of the military installation for which the housing is + provided, the installation commander, or the landlord, + whichever occurs first. + (5) Alternative housing.--The Secretary of the military + department concerned shall provide alternative housing to + affected tenants until any discrepancies are resolved, as + provided in the department's displaced tenants policy. + (c) Additional Protections for Certain Members.--Members of the +Armed Forces assigned to a military installation who are required to +reside in on-installation housing (including privatized military +housing on the installation) because of the members' essential status +shall be provided the following information before occupying the +housing (and, in the case of privatized military housing, signing lease +documents): + (1) The most recent results of testing and inspections + described in paragraphs (2) and (3) of subsection (b) regarding + the housing. + (2) If any of the tests and inspections were positive, + information on the mitigation or encapsulation measures in + place in the housing. + (3) Information on required maintenance of mitigation + measures. + +SEC. 2819. INCLUSION OF ASSESSMENT OF PERFORMANCE METRICS IN ANNUAL + PUBLICATION ON USE OF INCENTIVE FEES FOR PRIVATIZED + MILITARY HOUSING PROJECTS. + + (a) Required Inclusion of Assessment of Performance Metrics.-- +Section 2891c(b)(1) of title 10, United States Code, is amended by +striking ``, on a publicly accessible website, information'' and +inserting the following: ``the following on a publicly accessible +website: + ``(A) For each contract for the provision or management of + housing units: + ``(i) An assessment of indicators underlying the + performance metrics under such contract to ensure such + indicators adequately measure the condition and quality + of each housing unit covered by the contract, including + the following: + ``(I) Tenant satisfaction. + ``(II) Maintenance management. + ``(III) Project safety. + ``(IV) Financial management. + ``(ii) A detailed description of each indicator + assessed under subparagraph (A), including an + indication of the following: + ``(I) The limitations of available survey + data. + ``(II) How tenant satisfaction and + maintenance management is calculated. + ``(III) Whether relevant data is missing. + ``(B) Information''. + (b) Conforming and Clerical Amendments.-- + (1) Conforming amendments.--Section 2891c(b)(2) of title + 10, United States Code, is amended-- + (A) by striking ``paragraph (1)'' and inserting + ``paragraph (1)(B)''; and + (B) by striking ``each contract'' and inserting + ``each contract for the provision or management of + housing units''. + (2) Clerical amendments.-- + (A) Section heading.--The heading of section 2891c + of title 10, United States Code, is amended to read as + follows: +``Sec. 2891c. Transparency regarding finances and performance + metrics''. + (B) Subsection heading.--Section 2891c(b) of title + 10, United States Code, is amended in the subsection + heading by striking ``Availability of Information on + Use of Incentive Fees'' and inserting ``Public + Availability of Certain Information''. + (C) Table of sections.--The table of sections at + the beginning of subchapter V of chapter 169 of title + 10, United States Code, is amended by striking the item + relating to section 2891c and inserting the following + new item: + +``2891c. Transparency regarding finances and performance metrics.''. + + Subtitle C--Real Property and Facilities Administration + +SEC. 2821. CODIFICATION OF REPORTING REQUIREMENTS REGARDING UNITED + STATES OVERSEAS MILITARY ENDURING LOCATIONS AND + CONTINGENCY LOCATIONS. + + (a) Inclusion of Information in Existing Annual Report.--Section +2687a(a) of title 10, United States Code, is amended-- + (1) in the subsection heading, by striking ``Master Plans'' + and inserting ``Overseas Military Locations''; + (2) in paragraph (1), by striking subparagraph (B) and + inserting the following new subparagraph: + ``(B) overseas military locations, whether such a location + is designated as an enduring location or contingency + location.''; and + (3) by striking paragraph (2) and inserting the following + new paragraphs: + ``(2) To satisfy the reporting requirement specified in paragraph +(1)(B), a report under paragraph (1) shall contain the following: + ``(A) A description of the strategic goal and operational + requirements supported by each overseas military location. + ``(B) A summary of the terms of agreements for each + overseas military location, including-- + ``(i) the type of implementing agreement; + ``(ii) any annual lease or access costs to the + United States under the agreement; and + ``(iii) any limitation on United States military + presence, activities, or operations at the overseas + military location. + ``(C) A list of all infrastructure investments made at each + overseas military location during the previous fiscal year, + delineated by project location, project title or description, + cost of project, any amount paid by a host nation to cover all + or part of the project cost, and authority used to undertake + the project. + ``(D) A list of all infrastructure requirements for each + overseas military location anticipated during the fiscal year + in which the report is submitted and the next four fiscal + years, delineated as described in subparagraph (C). + ``(E) A list of any overseas military locations newly + established during the previous fiscal year. + ``(F) A description of any plans to transition an existing + contingency overseas military location to an enduring overseas + military location or to upgrade or downgrade the designation of + an existing enduring or contingency overseas military location + during the fiscal year in which the report is submitted or the + next four fiscal years. + ``(G) A list of any overseas military locations that, + during the previous fiscal year, were transferred to the + control of security forces of the host country or another + military force, closed, or for any other reason no longer used + by the armed forces, including a summary of any costs + associated with the transfer or closure of the overseas + military location. + ``(H) A summary of the impact that the establishment or + maintenance of each overseas military location has on security + commitments undertaken by the United States pursuant to any + international security treaty or the current security + environments in the combatant commands, including United States + participation in theater security cooperation activities and + bilateral partnership, exchanges, and training exercises. + ``(I) A summary of any force protection risks identified + for each overseas military location, the actions proposed to + mitigate such risks, and the resourcing and implementation plan + to implement the mitigation actions. + ``(J) An assessment of force protection measures by host + nations for each overseas military location and recommendations + to mitigate any potential risks identified. + ``(K) Such other such matters related to overseas military + locations as the Secretary of Defense considers appropriate. + ``(3)(A) In this subsection, the term `overseas military location' +covers both enduring locations and contingency locations established +outside the United States. + ``(B) An enduring location is primarily characterized either by the +presence of permanently assigned United States forces with robust +infrastructure and quality of life amenities to support that presence, +by the sustained presence of allocated United States forces with +infrastructure and quality of life amenities consistent with that +presence, or by the periodic presence of allocated United States forces +with little or no permanent United States military presence or +controlled infrastructure. Enduring locations include main operating +bases, forward operating sites, and cooperative security locations. + ``(C) A contingency location refers to a location outside of the +United States that is not covered by subparagraph (B), but that is used +by United States forces to support and sustain operations during named +and unnamed contingency operations or other operations as directed by +appropriate authority and is categorized by mission life-cycle +requirements as initial, temporary, or semi-permanent. + ``(4) The Secretary of Defense shall prepare the report under +paragraph (1) in coordination with the Under Secretary of Defense for +Policy and the Under Secretary of Defense for Acquisition and +Sustainment. + ``(5) A report under paragraph (1) shall be submitted in +unclassified form, but may contain a classified annex as necessary.''. + (b) Conforming and Clerical Amendments.-- + (1) Conforming amendments.--Section 2687a(e)(2) of title + 10, United States Code, is amended by striking ``host nation'' + both places it appears and inserting ``host country''. + (2) Section heading.--The heading of section 2687a of title + 10, United States Code, is amended to read as follows: +``Sec. 2687a. Overseas base closures and realignments and status of + United States overseas military locations''. + (3) Table of sections.--The table of sections at the + beginning of chapter 159 of title 10, United States Code, is + amended by striking the item relating to section 2687a and + inserting the following new item: + +``2687a. Overseas base closures and realignments and status of United + States overseas military locations.''. + (c) Repeal of Superceded Reporting Requirement.--Section 2816 of +the Military Construction Authorization Act for Fiscal Year 2016 +(division B of Public Law 114-92; 129 Stat. 1176) is repealed. + +SEC. 2822. LIMITATIONS ON RENEWAL OF UTILITY PRIVATIZATION CONTRACTS. + + (a) Contract Renewal Authority.--Section 2688(d)(2) of title 10, +United States Code, is amended-- + (1) by inserting ``(A)'' after ``(2)''; and + (2) by inserting after the first sentence the following new + subparagraph: + ``(B) A longer-term contract entered into under the authority of +subparagraph (A) may be renewed in the manner provided in such +subparagraph, except that such a contract renewal may only be awarded +during the final five years of the existing contract term.''. + (b) Conforming Amendments.--Section 2688(d)(2) of title 10, United +States Code, is further amended-- + (1) by striking ``The determination of cost effectiveness'' + and inserting the following: + ``(C) A determination of cost effectiveness under this paragraph''; +and + (2) by striking ``the contract'' and inserting ``the + contract or contract renewal''. + +SEC. 2823. VESTING EXERCISE OF DISCRETION WITH SERVICE SECRETARIES + REGARDING ENTERING INTO LONGER-TERM CONTRACTS FOR UTILITY + SERVICES. + + Section 2688(d)(2) of title 10, United States Code, as amended by +section 2822, is further amended-- + (1) by striking ``The Secretary of Defense, or the designee + of the Secretary,'' and inserting ``The Secretary concerned''; + and + (2) by striking ``if the Secretary'' and inserting ``if the + Secretary concerned''. + +SEC. 2824. USE OF ON-SITE ENERGY PRODUCTION TO PROMOTE MILITARY + INSTALLATION ENERGY RESILIENCE AND ENERGY SECURITY. + + (a) Promotion of On-Site Energy Security and Energy Resilience.-- +Section 2911 of title 10, United States Code, is amended by adding at +the end the following new subsection: + ``(h) Promotion of On-Site Energy Security and Energy Resilience.-- +(1) Consistent with the energy security and resilience goals of the +Department of Defense and the energy performance master plan referred +to in this section, the Secretary concerned shall consider, when +feasible, projects for the production of installation energy that +benefits military readiness and promotes installation energy security +and energy resilience in the following manner: + ``(A) Location of the energy-production infrastructure on + the military installation that will consume the energy. + ``(B) Incorporation of energy resilience features, such as + microgrids, to ensure that energy remains available to the + installation even when the installation is not connected to + energy sources located off the installation. + ``(C) Reduction in periodic refueling needs from sources + off the installation to not more than once every two years. + ``(3) In this subsection, the term `microgrid' means an integrated +energy system consisting of interconnected loads and energy resources +that, if necessary, can be removed from the local utility grid and +function as an integrated, stand-alone system.''. + (b) Evaluation of Feasibility of Expanding Use of On-Site Energy +Production.-- + (1) Projects authorized.--Subsection (h) of section 2911 of + title 10, United States Code, as added by subsection (a), is + amended by inserting after paragraph (1) the following new + paragraph: + ``(2)(A) Using amounts made available for military construction +projects under section 2914 of this title, the Secretary of Defense +shall carry out at least four projects to promote installation energy +security and energy resilience in the manner described in paragraph +(1). + ``(B) At least one project shall be designed to develop technology +that demonstrates the ability to connect an existing on-site energy +generation facility that uses solar power with one or more installation +facilities performing critical missions in a manner that allows the +generation facility to continue to provide electrical power to these +facilities even if the installation is disconnected from the commercial +power supply. + ``(C) At least one project shall be designed to develop technology +that demonstrates that one or more installation facilities performing +critical missions can be isolated, for purposes of electrical power +supply, from the remainder of the installation and from the commercial +power supply in a manner that allows an on-site energy generation +facility that uses a renewable energy source, other than solar energy, +to provide the necessary power exclusively to these facilities. + ``(D) At least two projects shall be designed to develop technology +that demonstrates the ability to store sufficient electrical energy +from an on-site energy generation facility that uses a renewable energy +source to provide the electrical energy required to continue operation +of installation facilities performing critical missions during +nighttime operations. + ``(E) The Secretary of Defense may not select as the site of a +project under this paragraph a military installation that already has +the ability to satisfy any of the project requirements described in +subparagraph (B), (C), or (D). + ``(F) The authority of the Secretary of Defense to commence a +project under this paragraph expires on September 30, 2025.''. + (2) Briefing.--Not later than March 1, 2021, the Secretary + of Defense shall brief the congressional defense committees + regarding the plan to carry out the on-site energy production + projects authorized by paragraph (2) of section 2911 of title + 10, United States Code, as added by paragraph (1). + +SEC. 2825. AVAILABILITY OF ENERGY RESILIENCE AND CONSERVATION + INVESTMENT PROGRAM FUNDS FOR CERTAIN ACTIVITIES RELATED + TO PRIVATIZED UTILITY SYSTEMS. + + Section 2914(a) of title 10, United States Code, is amended-- + (1) by inserting ``(1)'' before ``The Secretary of + Defense''; and + (2) by adding at the end the following new paragraph: + ``(2) For purposes of this section, a military construction project +is deemed to include activities related to utility systems authorized +under subsections (h), (j), and (k) of section 2688 or section 2913 of +this title, notwithstanding that the United States does not own the +utility system, and energy-related activities included as a separate +requirement in an energy savings performance contract (as defined in +section 804(3) of the National Energy Conservation Policy Act (42 +U.S.C. 8287c(3))).''. + +SEC. 2826. IMPROVING WATER MANAGEMENT AND SECURITY ON MILITARY + INSTALLATIONS. + + (a) Risk-Based Approach to Installation Water Management and +Security.-- + (1) General requirement.--The Secretary concerned shall + adopt a risk-based approach to water management and security + for each military installation under the jurisdiction of the + Secretary. + (2) Implementation priorities.--The Secretary concerned + shall begin implementation of paragraph (1) by prioritizing + those military installations under the jurisdiction of the + Secretary that the Secretary determines-- + (A) are experiencing the greatest risks to + sustainable water management and security; and + (B) face the most severe existing or potential + adverse impacts to mission assurance as a result of + such risks. + (3) Determination method.--Determinations under paragraph + (2) shall be made on the basis of the water management and + security assessments made by the Secretary concerned under + subsection (b). + (b) Water Management and Security Assessments.-- + (1) Assessment methodology.--The Secretaries concerned, + acting jointly, shall develop a methodology to assess risks to + sustainable water management and security and mission + assurance. + (2) Elements.--Required elements of the assessment + methodology shall include the following: + (A) An evaluation of the water sources and supply + connections for a military installation, including + water flow rate and extent of competition for the water + sources. + (B) An evaluation of the age, condition, and + jurisdictional control of water infrastructure serving + the military installation. + (C) An evaluation of the military installation's + water-security risks related to drought-prone climates, + impacts of defense water usage on regional water + demands, water quality, and legal issues, such as water + rights disputes. + (D) An evaluation of the resiliency of the military + installation's water supply and the overall health of + the aquifer basin of which the water supply is a part, + including the robustness of the resource, redundancy, + and ability to recover from disruption. + (E) An evaluation of existing water metering and + consumption at the military installation, considered at + a minimum-- + (i) by type of installation activity, such + as training, maintenance, medical, housing, and + grounds maintenance and landscaping; and + (ii) by fluctuations in consumption, + including peak consumption by quarter. + (c) Evaluation of Installations for Potential Net Zero Water +Usage.-- + (1) Evaluation required.--The Secretary concerned shall + conduct an evaluation of each military installation under the + jurisdiction of the Secretary to determine the potential for + the military installation, or at a minimum certain installation + activities, to achieve net zero water usage. + (2) Elements.--Required elements of each evaluation shall + include the following: + (A) An evaluation of alternative water sources to + offset use of freshwater, including water recycling and + harvested rainwater for use as non-potable water. + (B) An evaluation of the practicality of + implementing Department of Energy guidelines for net + zero water usage, when practicable to minimize water + consumption and wastewater discharge in buildings + scheduled for renovation. + (C) An evaluation of the practicality of + implementing net zero water usage technology into new + construction in water-constrained areas, as determined + by water management and security assessments conducted + under subsection (b). + (d) Improved Landscaping Management Practices.-- + (1) Landscaping management.--The Secretary concerned shall + implement, to the maximum extent practicable, at each military + installation under the jurisdiction of the Secretary + landscaping management practices to increase water resilience + and ensure greater quantities of water availability for + operational, training, and maintenance requirements. + (2) Arid or semi-arid climates.--For military installations + located in arid or semi-arid climates, landscaping management + practices shall include the use of xeriscaping. + (3) Non-arid climates.--For military installations located + in arid or non-arid climates, landscaping management practices + shall include the use of plants common to the region in which + the installation is located and native grasses and plants. + (4) Pollinator conservation reference guide.--The Secretary + concerned shall follow the recommendations of the Department of + Defense Pollinator Conservation Reference Guide (September + 2018) to the maximum extent practicable in order to reduce + operation and maintenance costs related to landscaping + management, while improving area management. Consistent with + such guide, in the preparation of a military installation + landscaping plan, the Secretary concerned should consider the + following: + (A) Adding native flowering plants to sunny open + areas and removing overhanging tree limbs above open + patches within forested areas or dense shrub. + (B) Removing or controlling invasive plants to + improve pollinator habitat. + (C) Preserving known and potential pollinator + nesting and overwintering sites. + (D) Eliminating or minimizing pesticide use in + pollinator habitat areas. + (E) Mowing in late fall or winter after plants have + bloomed and set seed, adjusting timing to avoid + vulnerable life stages of special status pollinators. + (F) Mowing mid-day when adult pollinators can avoid + mowing equipment. + (e) Implementation Report.-- + (1) Report required.--Not later than 1 year after the date + of the enactment of this Act, the Secretary of Defense, in + coordination with the other Secretaries concerned, shall submit + to the Committees on Armed Services of the Senate and the House + of Representatives a report on the progress made in + implementing this section. + (2) Report elements.--The report shall include the + following: + (A) The methodology developed under subsection (b) + to conduct water management and security assessments. + (B) A list of the military installations that have + been assessed using such methodology and a description + of the findings. + (C) A list of planned assessments for the one-year + period beginning on the date of the submission of the + report. + (D) An evaluation of the progress made on + implementation of xeriscaping and other regionally + appropriate landscaping practices at military + installations. + (f) Definitions.--In this section: + (1) The term ``net zero water usage'', with respect to a + military installation or installation activity, means a + situation in which the combination of limitations on the + consumption of water resources and the return of water to an + original water source by the installation or activity is + sufficient to prevent any reduction in the water resources of + the area in both quantity and quality over a reasonable period + of time. + (2) The terms ``Secretary concerned'' and ``Secretary'' + mean the Secretary of a military department and the Secretary + of Defense with respect to the Pentagon Reservation. + (3) The term ``xeriscaping'' means landscape design that + emphasizes low water use and drought-tolerant plants that + require little or no supplemental irrigation. + +SEC. 2827. PILOT PROGRAM TO TEST USE OF EMERGENCY DIESEL GENERATORS IN + A MICROGRID CONFIGURATION AT CERTAIN MILITARY + INSTALLATIONS. + + (a) Pilot Program Authorized.--The Secretary of Defense may conduct +a pilot program (to be known as the Emergency Diesel Generator +Microgrid Program) to evaluate the feasibility and cost effectiveness +of connecting existing diesel generators at a military installation +selected pursuant to subsection (c) to create and support one or more +microgrid configurations at the installation capable of providing full- +scale electrical power for the defense critical facilities located at +the installation during an emergency involving the loss of external +electric power supply caused by an extreme weather condition, manmade +intentional infrastructure damage, or other circumstances. + (b) Goal of Pilot Program.--The goals of the Emergency Diesel +Generator Microgrid Program are-- + (1) to test assumptions about lower operating and + maintenance costs, parts interchangeability, lower emissions, + lower fuel usage, increased resiliency, increased reliability, + and reduced need for emergency diesel generators; and + (2) to establish design criteria that could be used to + build and sustain emergency diesel generator microgrids at + other military installations. + (c) Pilot Program Locations.--As the locations to conduct the +Emergency Diesel Generator Microgrid Program, the Secretary of Defense +shall select two major military installations located in different +geographical regions of the United States that the Secretary +determines-- + (1) are defense critical electric infrastructure sites or + contain, or are served by, defense critical electric + infrastructure; + (2) contain more than one defense critical function for + national defense purposes and the mission assurance of such + critical defense facilities are paramount to maintaining + national defense and force projection capabilities at all + times; and + (3) face unique electric energy supply, delivery, and + distribution challenges that, based on the geographic location + of the installations and the overall physical size of the + installations, adversely impact rapid electric infrastructure + restoration after an interruption. + (d) Specifications of Diesel Generators and Microgrid.-- + (1) Generator specifications.--The Secretary of Defense + shall use existing diesel generators that are sized >/= 750kW + output. + (2) Microgrid specifications.--The Secretary of Defense + shall create the microgrid using commercially available and + proven designs and technologies. The existing diesel generators + used for the microgrid should be spaced within 1.0 to 1.5 mile + of each other and, using a dedicated underground electric cable + network, be tied into a microgrid configuration sufficient to + supply mission critical facilities within the service area of + the microgrid. A selected military installation may contain + more than one such microgrid under the Emergency Diesel + Generator Microgrid Program. + (e) Program Authorities.--The Secretary of Defense may use the +authority under section 2914 of title 10, United States Code (known as +the Energy Resilience and Conservation Investment Program) and energy +savings performance contracts to conduct the Emergency Diesel Generator +Microgrid Program. + (f) Definitions.--For purposes of the Emergency Diesel Generator +Microgrid Program: + (1) The term ``defense critical electric infrastructure'' + has the meaning given that term in section 215A of the Federal + Power Act (16 U.S.C. 824o-1). + (2) The term ``energy savings performance contract'' has + the meaning given that term in section 804(3) of the National + Energy Conservation Policy Act (42 U.S.C. 8287c(3)). + (3) The term ``existing diesel generators'' means diesel + generators located, as of the date of the enactment of this + Act, at a major military installation selected as a location + for the Emergency Diesel Generator Microgrid Program and + intended for emergency use. + (4) The term ``major military installation'' has the + meaning given that term in section 2864 of title 10, United + States Code. + +SEC. 2828. IMPROVED ELECTRICAL METERING OF DEPARTMENT OF DEFENSE + INFRASTRUCTURE SUPPORTING CRITICAL MISSIONS. + + (a) Options To Improve Electrical Metering.--The Secretary of +Defense and the Secretaries of the military departments shall improve +the metering of electrical energy usage of covered defense structures +to accurately determine energy consumption by such a structure to +increase energy efficiency and improve energy resilience, using any +combination of the options specified in subsection (b) or such other +methods as the Secretary concerned considers practicable. + (b) Metering Options.--Electrical energy usage options to be +considered for a covered defense structure include the following: + (1) Installation of a smart meter at the electric power + supply cable entry point of the covered defense structure, with + remote data storage and retrieval capability using cellular + communication, to provide historical energy usage data on an + hourly basis to accurately determine the optimum cost effective + energy efficiency and energy resilience measures for the + covered defense structure. + (2) Use of an energy usage audit firm to individually meter + the covered defense structure using clamp-on meters and data + storage to provide year-long electric energy load profile data, + particularly in the case of a covered defense structure located + in climates with highly variable use based on weather or + temperature changes to accurately identify electric energy + usage demand for both peak and off peak periods for a covered + defense structure. + (3) Manual collection and calculation of the connected load + via nameplate data survey of all the connected electrical + devices for the covered defense structure and comparing it to + the designed maximum rating of the incoming electric supply to + determine the maximum electrical load for the covered defense + structure. + (c) Consideration of Partnerships.--The Secretary of Defense and +the Secretaries of the military departments shall consider the use of +arrangements (known as public-private partnerships) with appropriate +entities outside the Government to reduce the cost of carrying out this +section. + (d) Definitions.--In this section: + (1) The term ``covered defense structure'' means any + infrastructure under the jurisdiction of the Department of + Defense inside the United States that the Secretary of Defense + or the Secretary of the military department concerned + determines-- + (A) is used to support a critical mission of the + Department; and + (B) is located at a military installation with + base-wide resilient power. + (2) The term ``energy resilience'' has the meaning given + that term in section 101(e)(6) of title 10, United States Code. + (e) Implementation Report.--As part of the Department of Defense +energy management report to be submitted under section 2925 of title +10, United States Code, during fiscal year 2022, the Secretary of +Defense shall include information on the progress being made to comply +with the requirements of this section. + +SEC. 2829. RENAMING CERTAIN MILITARY INSTALLATIONS AND OTHER DEFENSE + PROPERTY. + + (a) Definitions.--In this section: + (1) The term ``advisory panel'' means an advisory panel + established by the Secretary concerned to assist the Secretary + concerned in the renaming process required by this section. + (2) The term ``covered defense property'' means any real + property, including any building, structure, or other + improvement to real property thereon, under the jurisdiction of + the Secretary concerned that is named after any person who + served in the political or military leadership of any armed + rebellion against the United States. + (3) The term ``covered military installation'' means a + military installation or reserve component facility that is + named after any person who served in the political or military + leadership of any armed rebellion against the United States. + (4) The term ``identification report'' means the initial + report required by subsection (c) that identifies covered + military installations and covered defense property. + (5) The term ``military installation'' has the meaning + given that term in section 2801(c) of title 10, United States + Code. + (6) The term ``other improvement'' includes any library, + classroom, parade ground or athletic field, training range, + roadway, or similar physical feature. + (7) The term ``process report'' means the report required + by subsection (d) that describes the renaming process to be + used by the Secretary concerned. + (8) The term ``renaming report'' means the final report + required by subsection (f) that provides new names for covered + military installations and covered defense property. + (9) The term ``reserve component facility'' has the meaning + given the term ``facility'' in section 18232 of title 10, + United States Code, and covers those facilities for which title + is vested in the United States or for which the Secretary of + Defense contributed funds under section 18233(a) of such title + or former section 2233 of such title. + (10) The term ``Secretary concerned'' means the Secretary + of a military department and includes the Secretary of Defense + with respect to matters concerning the Defense Agencies. + (b) Renaming Required; Deadline.--Not later than 1 year after the +date of the enactment of this Act, the Secretary concerned shall-- + (1) complete the renaming process required by this section; + and + (2) commence the renaming of each covered military + installation and covered defense property identified in the + renaming report pursuant to the guidance issued by the + Secretary concerned under subsection (f). + (c) Identification Report; Deadline.--Not later than 60 days after +the date of the enactment of this Act, each Secretary concerned shall +submit to the congressional defense committees a report that identifies +each covered military installation and all covered defense property +under the jurisdiction of the Secretary concerned that the Secretary +concerned determines satisfies the definitions given those terms in +subsection (a). + (d) Process Report; Deadline.-- + (1) Report required.--Not later than 90 days after the date + of the enactment of this Act, each Secretary concerned shall + submit to the congressional defense committees a report + describing the process by which the Secretary concerned will + rename each covered military installation and covered defense + property identified in the renaming report prepared by the + Secretary concerned. + (2) Report elements.--At minimum, the process report shall + contain the following elements: + (A) A detailed description of the process to be + used by the Secretary concerned to develop a list of + potential names for renaming covered military + installations and covered defense property. + (B) An explanation regarding whether or not the + Secretary concerned established, or will establish, an + advisory panel to support the review process and make + recommendations to the Secretary concerned. If the + Secretary concerned has established, or will establish, + an advisory panel, the report shall include the names + and positions of the individuals who will serve on the + advisory panel that represent: + (i) Military leadership from covered + military installations. + (ii) Military leadership from military + installations containing covered defense + property. + (iii) State leaders and leaders of the + locality in which a covered military + installation or covered defense property is + located. + (iv) Representatives from military museums, + military historians, or relevant historians + from the impacted States and localities with + relevant expertise. + (v) Community civil rights leaders. + (C) The criteria the Secretary concerned will use + to inform the renaming process. + (D) A description of the process for accepting and + considering public comments from members of the Armed + Forces, veterans, and members of the local community on + potential names for renaming covered military + installations and covered defense property. + (E) A timeline for the renaming process consistent + with the deadline specified in subsection (b). + (e) Congressional Guidance on Renaming Criteria.-- + (1) Preferences.--As part of the renaming process + established by the Secretary concerned and described in the + process report required by subsection (c), the Secretary + concerned shall give a preference for renaming covered military + installations and covered defense property after either-- + (A) a battlefield victory by the Armed Forces + consistent with current Department of Defense naming + conventions; or + (B) a deceased member of the Armed Forces (other + than the limited exception described in clause (iv)) + who satisfies one of more of the following: + (i) Was a recipient of the Congressional + Medal of Honor. + (ii) Was recognized for heroism in combat + or for other significant contributions to the + United States. + (iii) Was a member of a minority group who + overcame prejudice and adversity to perform + distinguished military service. + (iv) Is a deceased woman who overcame + prejudice and adversity to perform + distinguished military service on behalf of the + United States, including a woman who performed + such distinguished military service (whether + temporary service, auxiliary service, or other + qualifying military service) before 1948 when + women were allowed to officially join the Armed + Forces. + (v) Has links to the community or State + where the military installation or covered + property is located. + (vi) Served at the covered military + installation, in a unit of the Armed Forces + based at the covered installation; or at the + military installation containing the covered + defense property. + (2) Other considerations.-- + (A) Junior servicemembers.--Junior members of the + Armed Forces should be favored in the renaming process + over general officers or flag officers. + (B) Branch consideration.--A deceased member of the + Armed Forces whose name is selected in the renaming + process should have served in the same Armed Force as + the majority of the members of the Armed Forces + stationed at the covered military installation renamed + in honor of the deceased member or at which the renamed + covered defense property is located. + (C) Conflict consideration.--The names selected in + the renaming process should recognize and reflect + significant battles or contingency operations since + 1917 or the contributions of members of the Armed + Forces who served in wars and contingency operations + since 1917. + (D) Personal conduct.--A deceased member of the + Armed Forces whose name is selected in the renaming + process should be a person whose personal conduct + reflects the current values of the Armed Forces and its + members. + (f) Renaming Report; Deadline.-- + (1) Report required.--Upon completing the renaming process + identified in the process report, but not later than 30 days + before the deadline specified in subsection (b), each Secretary + concerned shall submit to the congressional defense committees + a final report containing the list of the new names chosen for + each covered military installation and covered defense property + identified in the identification report prepared by the + Secretary concerned. + (2) Report elements.--At minimum, the renaming report shall + contain an explanation of the reasons for the selection of each + new name chosen for covered military installations and covered + defense property. + (3) Public availability.--The Secretary concerned shall + make the renaming report publicly available as soon as + practicable after submission of the renaming report. + (4) Guidance for actual renaming.--Not later than 30 days + after submission of the renaming report, the Secretary + concerned shall issue guidance to promptly affect the name + changes contained in the renaming report. + (g) Savings Clause.--Nothing in this section or the renaming +process required by this section shall be construed to have any effect +on grave markers or cemeteries that may exist on real property under +the jurisdiction of the Department of Defense. + + Subtitle D--Land Conveyances + +SEC. 2831. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA. + + (a) Conveyance Authorized.--The Secretary of the Army may convey, +without consideration, to the State of Arizona Department of Emergency +and Military Affairs (in this section referred to as the ``State'') all +right, title, and interest of the United States in and to a parcel of +real property, including any improvements thereon, consisting of not +more than 3,000 acres at Camp Navajo, Arizona, for the purpose of +permitting the State to use the property-- + (1) for training the Arizona Army National Guard and Air + National Guard; and + (2) for defense industrial base economic development + purposes that are compatible with the environmental security + and primary National Guard training purpose of Camp Navajo. + (b) Condition of Conveyance.-- + (1) Use of revenues.--The authority of the Secretary of the + Army to make the conveyance described in subsection (a) is + subject to the condition that the State agree that all revenues + generated from the use of the property conveyed under such + subsection will be used to support the training requirements of + the Arizona Army National Guard and Air National Guard, + including necessary infrastructure maintenance and capital + improvements. + (2) Audit.--The United States Property and Fiscal Office + for Arizona shall-- + (A) conduct periodic audits of all revenues + generated by uses of the conveyed property and the use + of such revenues; and + (B) provide the audit results to the Chief of the + National Guard Bureau. + (c) Reversionary Interest.-- + (1) Interest retained.--If the Secretary of the Army + determines at any time that the property conveyed under + subsection (a) is not being used in accordance with the + purposes of the conveyance specified in such subsection, or + that the State has not complied with the condition imposed by + subsection (b), all right, title, and interest in and to the + conveyed property, including any improvements thereon, shall, + at the option of the Secretary, revert to and become the + property of the United States, and the United States shall have + the right of immediate entry onto the Property. + (2) Determination.--A determination by the Secretary under + this subsection shall be made on the record after an + opportunity for a hearing. + (d) Alternative Consideration Option.-- + (1) Consideration option.--In lieu of exercising the + reversionary interest retained under subsection (c), the + Secretary of the Army may accept an offer by the State to pay + to the United States an amount equal to the fair market value + of the property conveyed under subsection (a), excluding the + value of any improvements on the conveyed property constructed + without Federal funds after the date of the conveyance is + completed, as determined by the Secretary. + (2) Treatment of consideration received.--Consideration + received by the Secretary under paragraph (1) shall be + deposited in the special account in the Treasury established + for the Secretary under subsection (e) of section 2667 of title + 10, United States Code, and shall be available to the Secretary + for the same uses and subject to the same limitations as + provided in that section. + (e) Payment of Costs of Conveyance.-- + (1) Payment required.--The Secretary of the Army shall + require the State to cover costs to be incurred by the + Secretary, or to reimburse the Secretary for such costs + incurred by the Secretary, to carry out the conveyance under + subsection (a), including survey costs, costs for environmental + documentation related to the conveyance, and any other + administrative costs related to the conveyance. If amounts are + collected from the State in advance of the Secretary incurring + the actual costs, and the amount collected exceeds the costs + actually incurred by the Secretary to carry out the conveyance, + the Secretary shall refund the excess amount to the State. + (2) Treatment of amounts received.--Amounts received as + reimbursement under paragraph (1) shall be credited to the fund + or account that was used to cover those costs incurred by the + Secretary in carrying out the conveyance or, if the period of + availability for obligations for that appropriation has + expired, to the fund or account currently available to the + Secretary for the same purpose. Amounts so credited shall be + merged with amounts in such fund or account, and shall be + available for the same purposes, and subject to the same + conditions and limitations, as amounts in such fund or account. + (f) Description of Property.--The exact acreage and legal +description of the property to be conveyed under subsection (a) shall +be determined by a survey satisfactory to the Secretary of the Army. + (g) Savings Provision.--Nothing in this section shall be construed +to alleviate, alter, or affect the responsibility of the United States +for cleanup and remediation of the property to be conveyed under +subsection (a) in accordance with the Defense Environmental Restoration +Program under section 2701 of title 10, United States Code, and the +Comprehensive Environmental Response, Compensation, and Liability Act +of 1980 (42 U.S.C. 9601 et seq.). + (h) Additional Terms and Conditions.--The Secretary of the Army may +require such additional terms and conditions in connection with the +conveyance under subsection (a) as the Secretary considers appropriate +to protect the interests of the United States. These additional terms +may include a requirement for the State to consult with the Secretary +of the Navy regarding use of the conveyed property. + +SEC. 2832. MODIFICATION OF LAND EXCHANGE INVOLVING NAVAL INDUSTRIAL + RESERVE ORDNANCE PLANT, SUNNYVALE, CALIFORNIA. + + (a) Elements of Exchange.--Section 2841(a) of the Military +Construction Authorization Act for Fiscal Year 2018 (division B of +Public Law 115-91; 131 Stat. 1860) is amended by striking paragraphs +(1) and (2) and inserting the following new paragraphs: + ``(1) real property, including improvements thereon, + located in Titusville, Florida, that will replace the NIROP and + meet the readiness requirements of the Department of the Navy, + as determined by the Secretary; and + ``(2) reimbursement for the costs of relocation of + contractor and Government personnel and equipment from the + NIROP to the replacement facilities, to the extent specified in + the land exchange agreement contemplated in subsection (b).''. + (b) Elements of Land Exchange Agreement.--Section 2841(b)(1) of the +Military Construction Authorization Act for Fiscal Year 2018 (division +B of Public Law 115-91; 131 Stat. 1860) is amended by inserting after +``identifies'' the following: ``the costs of relocation to be +reimbursed by the Exchange Entity,''. + (c) Valuation of Properties and Compensation.--Section 2841 of the +Military Construction Authorization Act for Fiscal Year 2018 (division +B of Public Law 115-91; 131 Stat. 1860) is amended-- + (1) by striking subsection (c); + (2) by redesignating subsections (d) through (i) as + subsections (e) through (j), respectively; and + (3) by inserting after subsection (b) the following new + subsections: + ``(c) Valuation.--The Secretary shall determine the fair market +value of the properties, including improvements thereon, to be +exchanged by the Secretary and the Exchange Entity under subsection +(a). + ``(d) Compensation.-- + ``(1) Compensation required.--The Exchange Entity shall + provide compensation under the land exchange agreement + described in subsection (b) that is equal to or exceeds the + fair market value of the NIROP, as determined under subsection + (c). + ``(2) In-kind consideration.--As part of the compensation + under the land exchange agreement, the Secretary and the + Exchange Entity may agree for the Exchange Entity to provide + the following forms of in-kind consideration at any property or + facility under the control of the Secretary: + ``(A) Alteration, repair, improvement, or + restoration (including environmental restoration) of + property. + ``(B) Use of facilities by the Secretary. + ``(C) Provision of real property maintenance + services. + ``(D) Provision of or payment of utility services. + ``(E) Provision of such other services relating to + activities that will occur on the property as the + Secretary considers appropriate. + ``(3) Deposit.--The Secretary shall deposit any cash + payments received under the land exchange agreement, other than + cash payments accepted under section 2695 of title 10, United + States Code, in the account in the Treasury established + pursuant to section 572(b) of title 40, United States Code. + ``(4) Use of proceeds.--Proceeds deposited pursuant to + paragraph (3) in the account referred to in such paragraph + shall be available to the Secretary in such amounts as provided + in appropriations Acts for the following activities: + ``(A) Maintenance, protection, alternation, repair, + improvement, or restoration (including environmental + restoration) of property or facilities. + ``(B) Payment of utilities services. + ``(C) Real property maintenance services.''. + (d) Treatment of Certain Amounts Received.--Subsection (f) of +section 2841 of the Military Construction Authorization Act for Fiscal +Year 2018 (division B of Public Law 115-91; 131 Stat. 1861), as +redesignated by subsection (c)(2) of this section, is amended by +striking ``(a), (c)(2), and (d)''and inserting ``(a) and (e)''. + (e) Sunset.--Subsection (j) of section 2841 of the Military +Construction Authorization Act for Fiscal Year 2018 (division B of +Public Law 115-91; 131 Stat. 1861), as redesignated by subsection +(c)(2) of this section, is amended by striking ``October 1, 2023'' and +inserting ``October 1, 2026, if the Secretary and the Exchange Entity +have not entered into a land exchange agreement described in subsection +(b) before that date''. + +SEC. 2833. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA. + + (a) Conveyance Authorized.--If the Secretary of the Army determines +that no department or agency of the Federal Government will accept the +transfer of a parcel of real property consisting of approximately 525 +acres at Sharpe Army Depot in Lathrop, California, the Secretary may +convey to the Port of Stockton, California, all right, title, and +interest of the United States in and to the property, including any +improvements thereon, for the purpose of permitting the Port of +Stockton to use the property for the development or operation of a port +facility. + (b) Modification of Parcel Authorized for Conveyance.--If a +department or agency of the Federal Government will accept the transfer +of a portion of the parcel of real property described in subsection +(a), the Secretary shall modify the conveyance authorized by such +subsection to exclude the portion of the parcel to be accepted by that +department or agency. + (c) Consideration.-- + (1) Public benefit conveyance.--The Secretary of the Army + may assign the property for conveyance under subsection (a) as + a public benefit conveyance without monetary consideration to + the Federal Government if the Port of Stockton satisfies the + conveyance requirements specified in section 554 of title 40, + United States Code. + (2) Fair market value.--If the Port of Stockton fails to + qualify for a public benefit conveyance under paragraph (1) and + still desires to acquire the real property described in + subsection (a), the Port of Stockton shall pay to the United + States an amount equal to the fair market value of the property + to be conveyed. The Secretary shall determine the fair market + value of the property using an independent appraisal based on + the highest and best use of the property. + (d) Description of Property.--The exact acreage and legal +description of the real property to be conveyed under subsection (a) +shall be determined by a survey satisfactory to the Secretary of the +Army. The cost of the survey shall be borne by the Port of Stockton. + (e) Additional Terms and Conditions.--The Secretary of the Army may +require such additional terms and conditions in connection with the +conveyance under subsection (a) as the Secretary considers appropriate +to protect the interests of the United States. + (f) Sunset.--If the real property authorized for conveyance by +subsection (a) is not conveyed within 1 year after the date of the +enactment of this Act, the Secretary of the Army may report the +property excess for disposal in accordance with existing law. + +SEC. 2834. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA. + + (a) Definitions.--In this section: + (1) County.--The term ``County'' means the County of San + Bernardino, California. + (2) Federal land.--The term ``Federal land'' means the + approximately 73 acres of Federal land generally depicted as + ``Federal Land Proposed for Exchange'' on the map titled ``Big + Bear Land Exchange'' and dated August 6, 2018. + (3) Non-federal land.--The term ``non-Federal land'' means + the approximately 71 acres of land owned by the County + generally depicted as ``Non-Federal Land Proposed for + Exchange'' on the map referred to in paragraph (2). + (b) Exchange Authorized.--Subject to valid existing rights and the +terms of this section, no later than 1 year after the date that the +portion of the Pacific Crest National Scenic Trail is relocated in +accordance with subsection (i), if the County offers to convey the non- +Federal land to the United States, the Secretary of Agriculture shall-- + (1) convey to the County all right, title, and interest of + the United States in and to the Federal land; and + (2) accept from the County a conveyance of all right, + title, and interest of the County in and to the non-Federal + land. + (c) Equal Value and Cash Equalization.-- + (1) Equal value exchange.--The land exchange under this + section shall be for equal value, or the values shall be + equalized by a cash payment as provided for under this + subsection or an adjustment in acreage. At the option of the + County, any excess value of the non-Federal lands may be + considered a gift to the United States. + (2) Cash equalization payment.--The County may equalize the + values of the lands to be exchanged under this section by cash + payment without regard to any statutory limit on the amount of + such a cash equalization payment. + (3) Deposit and use of funds received from county.--Any + cash equalization payment received by the Secretary of + Agriculture under this subsection shall be deposited in the + fund established under Public Law 90-171 (16 U.S.C. 484a; + commonly known as the Sisk Act). The funds so deposited shall + remain available to the Secretary of Agriculture, until + expended, for the acquisition of lands, waters, and interests + in land for the San Bernardino National Forest. + (d) Appraisal.--The Secretary of Agriculture shall complete an +appraisal of the land to be exchanged under this section in accordance +with-- + (1) the Uniform Appraisal Standards for Federal Land + Acquisitions; and + (2) the Uniform Standards of Professional Appraisal + Practice. + (e) Title Approval.--Title to the land to be exchanged under this +section shall be in a format acceptable to the Secretary of Agriculture +and the County. + (f) Survey of Non-Federal Lands.--Before completing the exchange +under this section, the Secretary of Agriculture shall inspect the non- +Federal lands to ensure that the land meets Federal standards, +including hazardous materials and land line surveys. + (g) Costs of Conveyance.--As a condition of the conveyance of the +Federal land under this section, any costs related to the exchange +under this section shall be paid by the County. + (h) Management of Acquired Lands.--The Secretary of Agriculture +shall manage the non-Federal land acquired under this section in +accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.; +commonly known as the Weeks Act), and other laws and regulations +pertaining to National Forest System lands. + (i) Pacific Crest National Scenic Trail Relocation.--No later than +3 years after the date of enactment of this Act, the Secretary of +Agriculture, in accordance with applicable laws, shall relocate the +portion of the Pacific Crest National Scenic Trail located on the +Federal land-- + (1) to adjacent National Forest System land; + (2) to land owned by the County, subject to County + approval; + (3) to land within the Federal land, subject to County + approval; or + (4) in a manner that combines two or more of the options + described in paragraphs (1), (2), and (3). + (j) Map and Legal Descriptions.--As soon as practicable after the +date of the enactment of this Act, the Secretary of Agriculture shall +finalize a map and legal descriptions of all land to be conveyed under +this section. The Secretary may correct any minor errors in the map or +in the legal descriptions. The map and legal descriptions shall be on +file and available for public inspection in appropriate offices of the +Forest Service. + +SEC. 2835. LAND CONVEYANCE, OVER-THE-HORIZON BACKSCATTER RADAR SYSTEM + RECEIVING STATION, MODOC COUNTY, CALIFORNIA. + + (a) Conveyance Required.-- + (1) In general.--As soon as practicable after receiving a + request from Modoc County, California (in this section referred + to as the ``County'') regarding the conveyance required by this + section, but subject to paragraph (2), the Secretary of + Agriculture shall convey to the County all right, title, and + interest of the United States in and to a parcel of National + Forest System land, including improvements thereon, consisting + of approximately 927 acres in Modoc National Forest in the + State of California and containing an obsolete Over-the-Horizon + Backscatter Radar System receiving station established on the + parcel pursuant to a memorandum of agreement between the + Department of the Air Force and Forest Service dated May 18 and + 23, 1987. + (2) Applicable law and national security determination.-- + The Secretary of Agriculture shall carry out the conveyance + under subsection (a) in accordance with this section and all + other applicable law, including the condition that the + conveyance not take place until the Secretary, in consultation + with the Secretary of the Air Force, determines that the + conveyance will not harm the national security interests of the + United States. + (b) Purpose of Conveyance.--The purpose of the conveyance under +subsection (a) is to preserve and utilize the improvements constructed +on the parcel of National Forest System land described in such +subsection and to permit the County to use the conveyed property, +including improvements thereon, for the development of renewable +energy, including solar and biomass cogeneration. + (c) Consideration.-- + (1) In general.--As consideration for the conveyance under + subsection (a), the County shall pay to the Secretary of + Agriculture an amount that is not less than the fair market + value of the parcel of land to be conveyed, as determined in + accordance with the Uniform Appraisal Standards for Federal + Land Acquisition and the Uniform Standards of Professional + Appraisal Practice. + (2) Treatment of cash consideration.--The Secretary shall + deposit the payment received under paragraph (1) in the account + in the Treasury established by Public Law 90-171 (commonly + known as the Sisk Act; 16 U.S.C. 484a). The amount deposited + shall be available to the Secretary, in such amounts as may be + provided in advance in appropriation Acts, to pay any necessary + and incidental costs incurred by the Secretary in connection + with the improvement, maintenance, reconstruction, or + construction of a facility or improvement for the National + Forest System located in the State of California. + (d) Reservation of Easement Related to Continued Use of Water +Wells.--The conveyance required by subsection (a) shall be conditioned +on the reservation of an easement by the Secretary of Agriculture, +subject to such terms and conditions as the Secretary deems +appropriate, necessary to provide access for use authorized by the +Secretary of the four water wells in existence on the date of the +enactment of this Act and associated water conveyance infrastructure on +the parcel of National Forest System lands to be conveyed. + (e) Withdrawal.--The National Forest System land described in +subsection (a) is withdrawn from the operation of the mining and +mineral leasing laws of the United States. + (f) Payment of Costs of Conveyance.-- + (1) Payment required.--The Secretary of Agriculture shall + require the County to cover costs (except costs for + environmental remediation of the property) to be incurred by + the Secretary, or to reimburse the Secretary for such costs + incurred by the Secretary, to carry out the conveyance under + subsection (a), including survey costs, costs for environmental + documentation, and any other administrative costs related to + the conveyance. If amounts are collected from the County in + advance of the Secretary incurring the actual costs, and the + amount collected exceeds the costs actually incurred by the + Secretary to carry out the conveyance, the Secretary shall + refund the excess amount to the County. + (2) Treatment of amounts received.--Amounts received as + reimbursement under paragraph (1) shall be credited to the fund + or account that was used to cover those costs incurred by the + Secretary of Agriculture in carrying out the conveyance. + Amounts so credited shall be merged with amounts in such fund + or account, and shall be available for the same purposes, and + subject to the same conditions and limitations, as amounts in + such fund or account. + (g) Environmental Remediation.-- + (1) In general.--To expedite the conveyance of the parcel + of National Forest System land described in subsection (a), + including improvements thereon, environmental remediation of + the land by the Department of the Air Force shall be limited to + the removal of the perimeter wooden fence, which was treated + with an arsenic-based weatherproof coating, and treatment of + soil affected by leaching of such chemical. + (2) Potential future environmental remediation + responsibilities.--Notwithstanding the conveyance of the parcel + of National Forest System land described in subsection (a), the + Secretary of the Air Force shall be responsible for the + remediation of any environmental contamination, discovered + post-conveyance, that is attributed to Air Force occupancy of + and operations on the parcel pre-conveyance. + (h) Compliance With Environmental Laws.--Notwithstanding the +requirements of section 120(h) of the Comprehensive Environmental +Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), +the Secretary of Agriculture shall not be required to provide any of +the covenants and warranties otherwise required under such section in +connection with the conveyance of the property under subsection (a). + (i) Description of Property.--The exact acreage and legal +description of the property to be conveyed under subsection (a) shall +be determined by a survey satisfactory to the Secretary of Agriculture. + +SEC. 2836. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL SUPPORT + ACTIVITY PANAMA CITY, FLORIDA, PARCEL. + + (a) Transfer to the Secretary of the Navy.--Administrative +jurisdiction over the parcel of Federal land consisting of +approximately 1.23 acres located within Naval Support Activity Panama +City, Florida, and used by the Department of the Navy pursuant to +Executive Order No. 10355 of May 26, 1952, and Public Land Order Number +952 of April 6, 1954, is transferred from the Secretary of the Interior +to the Secretary of the Navy. + (b) Land Survey.--The exact acreage and legal description of the +Federal land transferred by subsection (a) shall be determined by a +survey satisfactory to the Secretary of the Navy and the Secretary of +the Interior. + (c) Consideration and Reimbursement.-- + (1) No consideration.--The transfer made by subsection (a) + shall be without consideration. + (2) Reimbursement.--The Secretary of the Navy shall + reimburse the Secretary of the Interior for any costs incurred + by the Secretary of the Interior under subsection (b) in + conducting the survey and preparing the legal description of + the Federal land transferred by subsection (a). + (d) Status of Land After Transfer.--Upon transfer of the Federal +land by subsection (a), the land shall cease to be public land and +shall be treated as property (as defined in section 102(9) of title 40, +United States Code) under the administrative jurisdiction of the +Secretary of the Navy. + +SEC. 2837. LAND CONVEYANCE, MILAN ARMY AMMUNITION PLANT, TENNESSEE. + + (a) Conveyance Authorized.--The Secretary of the Army may convey to +the City of Milan, Tennessee (in this section referred to as the +``City''), all right, title, and interest of the United States in and +to parcels of real property, including any improvements thereon, at +Milan Army Ammunition Plant, Tennessee, consisting of approximately 292 +acres and commonly referred to as Parcels A, B and C. + (b) Consideration.-- + (1) Consideration required.--As consideration for the + conveyance under subsection (a), the City shall provide + consideration an amount equivalent to the fair market value of + the property conveyed under such subsection, as determined by + an appraisal approved by the Secretary of the Army. The + consideration may be in the form of cash payment, in-kind + consideration, or a combination thereof, provided at such time + as the Secretary may require. + (2) In-kind consideration.--In-kind consideration provided + by the City under paragraph (1) may include the acquisition, + construction, provision, improvement, maintenance, repair, or + restoration (including environmental restoration), or + combination thereof, of any facility, real property, or + infrastructure under the jurisdiction of the Secretary. + (c) Payment of Costs of Conveyance.-- + (1) Payment required.--The Secretary of the Army shall + require the City to pay costs to be incurred by the Secretary, + or to reimburse the Secretary for such costs incurred by the + Secretary, to carry out the conveyance under subsection (a), + including survey costs, appraisal costs, costs for + environmental documentation related to the conveyance, and any + other administrative costs related to the conveyance. + (2) Treatment of amounts received.--Amounts received as + reimbursement under paragraph (1) shall be credited to the fund + or account that was used to pay the costs incurred by the + Secretary in carrying out the conveyance under subsection (a) + or, if the period of availability of obligations for that + appropriation has expired, to the appropriations of fund that + is currently available to the Secretary for the same purpose. + Amounts so credited shall be merged with amounts in such fund + or account and shall be available for the same purposes, and + subject to the same conditions and limitations, as amounts in + such fund or account. + (d) Description of Property.--The exact acreage and legal +description of the property to be conveyed under subsection (a) shall +be determined by a survey satisfactory to the Secretary of the Army. + (e) Additional Terms and Conditions.--The Secretary of the Army may +require such additional terms and conditions in connection with the +conveyance under subsection (a) as the Secretary considers appropriate +to protect the interests of the United States. + + Subtitle E--Military Land Withdrawals + +SEC. 2841. RENEWAL OF LAND WITHDRAWAL AND RESERVATION TO BENEFIT NAVAL + AIR FACILITY, EL CENTRO, CALIFORNIA. + + Section 2925 of the El Centro Naval Air Facility Ranges Withdrawal +Act (subtitle B of title XXIX of Public Law 104-201; 110 Stat. 2816) is +amended by striking ``25 years after the date of the enactment of this +subtitle'' and inserting ``on November 6, 2046''. + +SEC. 2842. RENEWAL OF FALLON RANGE TRAINING COMPLEX LAND WITHDRAWAL AND + RESERVATION. + + Notwithstanding section 3015 of the Military Lands Withdrawal Act +of 1999 (title XXX of Public Law 106-65; 113 Stat. 892), the withdrawal +and reservation of lands (known as the Fallon Range Training Complex) +made by section 3011(a) of such Act (113 Stat. 885) shall terminate on +November 6, 2046. + +SEC. 2843. RENEWAL OF NEVADA TEST AND TRAINING RANGE LAND WITHDRAWAL + AND RESERVATION. + + Notwithstanding section 3015 of the Military Lands Withdrawal Act +of 1999 (title XXX of Public Law 106-65; 113 Stat. 892), the withdrawal +and reservation of lands (known as the Nevada Test and Training Range) +made by section 3011(b) of such Act (113 Stat. 886) shall terminate on +November 6, 2046. + +SEC. 2844. ADDITIONAL REQUIREMENTS REGARDING NEVADA TEST AND TRAINING + RANGE. + + (a) Definitions.--In this section: + (1) The term ``affected Indian tribe'' means an Indian + tribe that has historical connections to-- + (A) the land withdrawn and reserved as the Nevada + Test and Training Range; or + (B) the land included as part of the Desert + National Wildlife Refuge. + (2) The term ``current memorandum of understanding'' means + the memorandum of understanding referred to in section + 3011(b)(5)(E) of the Military Lands Withdrawal Act of 1999 + (title XXX of Public Law 106-65; 113 Stat. 888) as in effect on + the date of the enactment of this Act. + (3) The term ``heavy force'' means a military unit with + armored motorized equipment, such as tanks, motorized + artillery, and armored personnel carriers. + (4) The term ``large force'' means a military unit + designated as a battalion or larger organizational unit. + (5) The term ``Nevada Test and Training Range'' means the + land known as the Nevada Test and Training Range withdrawn and + reserved by section 3011(b) of the Military Lands Withdrawal + Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 886). + (6) The term ``overlapping lands'' means land withdrawn and + reserved as the Nevada Test and Training Range that also is + included as part of the Desert National Wildlife Refuge. This + land is commonly referred to as the Joint-Use Area. + (7) The term ``revised memorandum of understanding'' means + the current memorandum of understanding revised as required by + subsection (c)(1) and other provisions of this section. + (8) The term ``Secretaries'' means the Secretary of the Air + Force and the Secretary of the Interior acting jointly. + (9) The term ``small force'' means a military force of + squad, platoon, or equivalent or smaller size. + (b) Improved Coordination and Management of Overlapping Lands.--The +Secretaries shall coordinate the management of the overlapping lands +for military use and wildlife refuge purposes consistent with their +respective jurisdictional authorities described in paragraphs (3) and +(5) of section 3011(b) of the Military Lands Withdrawal Act of 1999 +(title XXX of Public Law 106-65; 113 Stat. 887). + (c) Revision and Extension of Current Memorandum of +Understanding.-- + (1) Revision required.--Not later than 2 years after the + date of the enactment of this Act, the Secretaries shall revise + the current memorandum of understanding to facilitate the + management of the overlapping lands-- + (A) for the purposes for which the Desert National + Wildlife Refuge was established; and + (B) to support military training needs consistent + with the uses described under section 3011(b)(1) of the + Military Lands Withdrawal Act of 1999 (title XXX of + Public Law 106-65; 113 Stat. 886), as modified by + subsection (f). + (2) Relation to current law.--Upon completion of the + revision process, the revised memorandum of understanding shall + supersede the current memorandum of understanding. Subject to + paragraph (1) and subsection (d), clauses (i), (ii), (iii), and + (iv) of section 3011(b)(5)(E) of the Military Lands Withdrawal + Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 888) + shall apply to the revised memorandum of understanding in the + same manner as such clauses applied to the current memorandum + of understanding. + (d) Elements of Revised Memorandum of Understanding.-- + (1) In general.--The revised memorandum of understanding + shall include, at a minimum, provisions to address the + following: + (A) The proper management and protection of the + natural and cultural resources of the overlapping + lands. + (B) The sustainable use by the public of such + resources to the extent consistent with existing laws + and regulations, including applicable environmental + laws. + (C) The use of the overlapping lands for the + military training needs for which the lands are + withdrawn and reserved and for wildlife conservation + purposes for which the Desert National Wildlife Refuge + was established, consistent with their respective + jurisdictional authorities. + (2) Consultation.--The Secretaries shall prepare the + revised memorandum of understanding in consultation with the + following: + (A) The resource consultative committee. + (B) Affected Indian tribes. + (3) Tribal issues.--The revised memorandum of understanding + shall include provisions to address the manner in which the + Secretary of the Air Force will accomplish the following: + (A) Meet the United States trust responsibilities + with respect to affected Indian tribes, tribal lands, + and rights reserved by treaty or Federal law affected + by the withdrawal and reservation of the overlapping + lands. + (B) Guarantee reasonable access to, and use by + members of affected Indian tribes of high priority + cultural sites throughout the Nevada Test and Training + Range, including the overlapping lands, consistent with + the reservation of the lands for military use. + (C) Protect identified cultural and archaeological + sites throughout the Nevada Test and Training Range, + including the overlapping lands, and, in the event of + an inadvertent ground disturbance of such a site, + implement appropriate response activities to once again + facilitate historic and subsistence use of the site by + members of affected Indian tribes. + (D) Provide for timely consultation with affected + Indian tribes as required by paragraph (2). + (4) Guaranteeing department of the interior access.--The + revised memorandum of understanding shall guarantee that the + Secretary of the Interior, acting through the United States + Fish and Wildlife Service, has access to the overlapping lands + for not less than 54 days during each calendar year to carry + out the management responsibilities of the United States Fish + and Wildlife Service regarding the Desert National Wildlife + Refuge. + (5) Elements of usfws access.--The United States Fish and + Wildlife Service may carry out more than one management + responsibility on the overlapping lands on an access day + guaranteed by paragraph (4). Recognized United States Fish and + Wildlife Service management responsibilities include the + following: + (A) The installation or maintenance of wildlife + water development projects, for which at least 15 + access days guaranteed by paragraph (4) shall be + annually allotted during spring or winter months. + (B) The conduct of annual desert bighorn sheep + surveys. + (C) The management of the annual desert bighorn + sheep hunt in accordance with the National Wildlife + Refuge System Administration Act of 1966 (16 U.S.C. + 668dd-668ee), for which at least 16 access days + guaranteed by paragraph (4) shall be allotted. + (D) The conduct of annual biological surveys for + the Agassiz's desert tortoise and other federally + protected species, State-listed and at-risk species, + migratory birds, golden eagle nests and rare plants, + for which at least 30 access days guaranteed by + paragraph (4) shall be annually allotted during spring + or summer months. + (E) The conduct of annual invasive species surveys + and treatment, for which at least 15 access days + guaranteed by paragraph (4) shall be annually allotted + during spring or summer months. + (F) The conduct of annual contaminant surveys of + soil, springs, groundwater and vegetation, for which at + least 10 access days guaranteed by paragraph (4) shall + be annually allotted during spring or summer months. + (G) The regular installation and maintenance of + climate monitoring systems. + (H) Such additional access opportunities, as + needed, for wildlife research, including Global + Positioning System collaring of desert bighorn sheep, + bighorn sheep disease monitoring, investigation of + wildlife mortalities, and deploying, maintaining, and + retrieving output from wildlife camera traps. + (6) Hunting, fishing, and trapping.--The revised memorandum + of understanding shall continue to require that any hunting, + fishing, and trapping on the overlapping lands is conducted in + accordance with section 3020 of the Military Lands Withdrawal + Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 896). + (7) Other required matters.--The revised memorandum of + understanding also shall include provisions regarding the + following: + (A) The identification of current test and target + impact areas and related buffer or safety zones, to the + extent consistent with military purposes. + (B) The design and construction of all gates, + fences, and barriers in the overlapping lands, to be + constructed after the date of the enactment of this + Act, in a manner to allow wildlife access, to the + extent practicable and consistent with military + security, safety, and sound wildlife management use. + (C) The incorporation of any existing management + plans pertaining to the overlapping lands to the extent + that the Secretaries, upon review of such plans, + determine that incorporation into the revised + memorandum of understanding is appropriate. + (D) Procedures to ensure periodic reviews of the + revised memorandum of understanding are conducted by + the Secretaries, and that the State of Nevada, affected + Indian tribes, and the public are provided a meaningful + opportunity to comment upon any proposed substantial + revisions. + (e) Resource Consultative Committee.-- + (1) Establishment required.--Pursuant to the revised + memorandum of understanding, the Secretaries shall establish a + resource consultative committee comprised of members, + designated at the discretion of the Secretaries, from the + following: + (A) Interested Federal agencies. + (B) At least one elected official (or other + authorized representative) from the State of Nevada + generally and at least one representative from the + Nevada Department of Wildlife. + (C) At least one elected official (or other + authorized representative) from each local and tribal + government impacted by the Nevada Test and Training + Range. + (D) At least one representative of an interested + conservation organization. + (E) At least one representative of a sportsmen's + organization. + (F) At least one member of the general public + familiar with the overlapping lands and resources + thereon. + (2) Purpose.--The resource consultative committee shall be + established solely for the purpose of exchanging views, + information, and advice relating to the management of the + natural and cultural resources of the Nevada Test and Training + Range. + (3) Operational basis.--The resource consultative committee + shall operate in accordance with the terms set forth in the + revised memorandum of understanding, which shall specify the + Federal agencies and elected officers or representatives of + State, local, and tribal governments to be invited to + participate. The memorandum of understanding shall establish + procedures for creating a forum for exchanging views, + information, and advice relating to the management of natural + and cultural resources on the lands concerned, procedures for + rotating the chair of the committee, and procedures for + scheduling regular meetings. + (4) Coordinator.--The Secretaries shall appoint an + individual to serve as coordinator of the resource consultative + committee. The duties of the coordinator shall be specified in + the revised memorandum of understanding. The coordinator shall + not be a member of the committee. + (f) Authorized and Prohibited Activities.-- + (1) Additional authorized activities.--Additional military + activities on the overlapping lands are authorized to be + conducted, in a manner consistent with the National Wildlife + Refuge System Administration Act of 1966 (16 U.S.C. 668dd et + seq.), as follows: + (A) Emergency response. + (B) Establishment and use of existing or new + electronic tracking and communications sites. + (C) Continued use of roads in existence as of the + date of the enactment of this Act and maintenance of + such a road consistent with the types of purposes for + which the road has been used as of that date. + (D) Small force readiness training by Air Force, + Joint, or Coalition forces. + (2) Prohibited activities.--Military activities on the + overlapping lands are prohibited for the following purposes: + (A) Large force or heavy force activities. + (B) Designation of new weapon impact areas. + (C) Any ground disturbance activity not authorized + by paragraphs (1) and (2) of subsection (c). + (3) Rules of construction.--Nothing in this subsection + shall be construed to preclude the following regarding the + overlapping lands: + (A) Low-level overflights of military aircraft, + except that low-level flights of military aircraft over + the United States Fish and Wildlife Service Corn Creek + field station and visitor center are prohibited. + (B) The designation of new units of special use + airspace. + (C) The use or establishment of military flight + training routes. + (g) Tribal Liaison Positions.-- + (1) Access coordinator.--The Secretary of the Air Force + shall create a tribal liaison position for the Nevada Test and + Training Range, to be held by a member of an affected Indian + tribe, who will help coordinate access to cultural and + archaeological sites throughout the Nevada Test and Training + Range and accompany members of Indian tribes accessing such + sites. + (2) Cultural resources liaison.--The Secretary of the Air + Force shall create a tribal liaison position for the Nevada + Test and Training Range, to be held by a member of an affected + Indian tribe, who will serve as a tribal cultural resources + liaison to ensure that-- + (A) appropriate steps are being taken to protect + cultural and archaeological sites throughout the Nevada + Test and Training Range; and + (B) the management plan for the Nevada Test and + Training Range is being followed. + (h) Fish and Wildlife Liaison.--The Secretaries shall create a Fish +and Wildlife Service liaison position for the Nevada Test and Training +Range, to be held by a Fish and Wildlife Service official designated by +the Director of the United States Fish and Wildlife Service, who will +serve as a liaison to ensure that-- + (1) appropriate steps are being taken to protect Fish and + Wildlife Service managed resources throughout the Nevada Test + and Training Range; and + (2) the management plan for the Nevada Test and Training + Range is being followed. + +SEC. 2845. SPECIFIED DURATION OF WHITE SANDS MISSILE RANGE LAND + WITHDRAWAL AND RESERVATION AND ESTABLISHMENT OF SPECIAL + RESERVATION AREA FOR NORTHERN AND WESTERN EXTENSION + AREAS. + + (a) Duration of Land Withdrawal and Reservation.--The withdrawal +and reservation of lands (known as the White Sands Missile Range) made +by section 2951 of the Military Land Withdrawals Act of 2013 (title +XXIX of Public Law 113-66; 127 Stat. 1039), and the special reservation +area established by this section, shall terminate on October 1, 2046. + (b) Special Reservation Area.-- + (1) Establishment.--There is hereby established a special + reservation area consisting of the approximately 341,415 acres + of public land (including interests in land) in Socorro and + Torrance Counties, New Mexico, and the approximately 352,115 + acres of public land (including interests in land) in Sierra, + Socorro, and Dona Ana Counties, New Mexico, depicted as + Northern Call-Up Area and Western Call-Up Area, respectively, + on the maps entitled ``WSMR Northern Call-Up Area'' and ``WSMR + Western Call-Up Area'', both dated August 16, 2016. These lands + include approximately 10,775 acres under the administrative + jurisdiction of the Secretary of the Army. + (2) Reservation generally.--The special reservation area, + excluding the portion of the special reservation area under the + administrative jurisdiction of the Secretary of the Army, is + reserved for use by the Secretary of the Army for military + purposes consisting of overflight research, development, test, + and evaluation and training. + (3) Army lands.--The portion of the special reservation + area under the administrative jurisdiction of the Secretary of + the Army is reserved for use by the Secretary of the Army for + military purposes as determined by the Secretary of the Army. + (c) Exception From Special Reservation.--The Secretary of the Army +may permit, on a case-by-case basis and consistent with section 44718 +of title 49, United States Code, the erection in the special +reservation area established by subsection (b) of a structure that +extends higher than 50 feet in height above the surface estate. + (d) Maps and Legal Descriptions.--Section 3012 of the Military Land +Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 127 Stat. +1026) shall apply with respect to the maps referred to in subsection +(a) and the preparation of legal descriptions of the special +reservation area established by subsection (b), except that the +reference to the date of the enactment of that Act shall be deemed to +refer to the date of the enactment of this Act. + (e) Rules of Construction.--The establishment of the special +reservation area by subsection (b) shall not be construed-- + (1) to alter the terms, operation, or duration of any + agreement entered into by the Secretary of the Army or the + Secretary of the Interior involving any portion of the lands + included in the special reservation area, and the Secretaries + shall continue to comply with the terms of any such agreement; + or + (2) to vest in the Secretary of the Army or the Secretary + of the Interior any authority vested in the Secretary of + Transportation or the Administrator of the Federal Aviation + Administration. + +SEC. 2846. GRAND CANYON CENTENNIAL PROTECTION ACT. + + (a) Short Title.--This section may be cited as the ``Grand Canyon +Centennial Protection Act''. + (b) Withdrawal of Certain Federal Land in the State of Arizona.-- + (1) Definition of map.--In this section, the term ``Map'' + means the map prepared by the Bureau of Land Management + entitled ``Grand Canyon Centennial Protection Act'' and dated + July 11, 2019. + (2) Withdrawal.--Subject to valid existing rights, the + approximately 1,006,545 acres of Federal land in the State of + Arizona, generally depicted on the Map as ``Federal Mineral + Estate to be Withdrawn'', including any land or interest in + land that is acquired by the United States after the date of + the enactment of this section, are hereby withdrawn from-- + (A) all forms of entry, appropriation, and disposal + under the public land laws; + (B) location, entry, and patent under the mining + laws; and + (C) operation of the mineral leasing, mineral + materials, and geothermal leasing laws. + (3) Availability of map.--The Map shall be kept on file and + made available for public inspection in the appropriate offices + of the Forest Service and the Bureau of Land Management. + + Subtitle F--Asia-Pacific and Indo-Pacific Issues + +SEC. 2851. CHANGE TO BIENNIAL REPORTING REQUIREMENT FOR INTERAGENCY + COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM + REALIGNMENT. + + Section 2835(e)(1) of the Military Construction Authorization Act +for Fiscal Year 2010 (division B of Public Law 111-84; 10 U.S.C. 2687 +note) is amended-- + (1) in the paragraph heading, by striking ``Annual'' and + inserting ``Biennial''; and + (2) in the matter preceding subparagraph (A)-- + (A) by striking ``February 1 of each year'' and + inserting ``February 1, 2022, and every second February + 1 thereafter''; + (B) by striking ``fiscal year'' and inserting ``2 + fiscal years''; + (C) by striking ``such year'' and inserting ``such + years''; and + (D) by striking ``the year'' and inserting ``the + years''. + +SEC. 2852. ADDITIONAL EXCEPTION TO RESTRICTION ON DEVELOPMENT OF PUBLIC + INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF MARINE + CORPS FORCES IN ASIA-PACIFIC REGION. + + Notwithstanding section 2821(b) of the Military Construction +Authorization Act for Fiscal Year 2015 (division B of Public Law 113- +291; 10 U.S.C. 2687 note), the Secretary of Defense may proceed with +the public infrastructure project on Guam intended to provide a new +public health laboratory, as identified in the report prepared by the +Secretary of Defense under section 2822(d)(2) of the Military +Construction Authorization Act for Fiscal Year 2014 (division B of +Public Law 113-66; 127 Stat. 1017) and entitled ``Economic Adjustment +Committee Implementation Plan Supporting the Preferred Alternative for +the Relocation of Marine Corps Forces to Guam'', subject to the +availability of funds for the project. + +SEC. 2853. DEVELOPMENT OF MASTER PLAN FOR INFRASTRUCTURE TO SUPPORT + ROTATIONAL ARMED FORCES IN AUSTRALIA. + + (a) Master Plan Required.--The Secretary of Defense shall develop a +master plan for the construction of infrastructure required to support +the rotational presence of units and members the United States Armed +Forces in the Northern Territory of the Commonwealth of Australia (in +this section referred to as the ``Northern Territory''). + (b) Master Plan Elements.--The master plan shall include the +following: + (1) A list and description of the scope, cost, and schedule + for each military construction, repair, or other infrastructure + project carried out at installations or training areas in the + Northern Territory since October 1, 2011. + (2) A list and description of the scope, cost, and schedule + for each military construction, repair, or other infrastructure + project anticipated to be necessary at installations or + training areas in the Northern Territory during the 10-year + period beginning on the date of the enactment of this Act. + (3) The site plans for each installation and training area + in the Northern Territory. + (4) For each project included in the master plan pursuant + to paragraph (1) or (2), an explanation of-- + (A) whether the proponent of the project was the + Secretary of a military department, a combat support + agency, a combatant command, or the Commonwealth of + Australia; and + (B) the funding source, or anticipated resource + sponsor, for the project, including whether the project + is funded by the United States, by the Commonwealth of + Australia, or jointly by both countries. + (5) Such other issues as determined by the Secretary of + Defense to be appropriate. + (c) Coordination.--The Secretary of Defense shall coordinate with +the Commander of United States Indo-Pacific Command and the Secretaries +of the military departments to develop the master plan. + (d) Report Requirement.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report containing a copy of the +master plan. The report shall be submitted in unclassified form, but +may include a classified annex. + +SEC. 2854. STUDY AND STRATEGY REGARDING BULK FUELS MANAGEMENT IN UNITED + STATES INDO-PACIFIC COMMAND AREA OF RESPONSIBILITY. + + (a) Findings.--Congress makes the following findings: + (1) The ordering and delivery of bulk fuels is + organizationally bifurcated to the detriment of the Department + of Defense. + (2) Legacy bulk fuel management will not meet the + accelerated pace of operations required to support the National + Defense Strategy and the emphasis on disaggregated operations. + (3) The number of United States flagged tanking vessels + continues to decline, which has resulted in an excessive + reliance on foreign flagged tanking vessels to be available to + support the National Defense Strategy. + (4) A foreign flagged tanking vessel support strategy + induces excessive risk to support United States disaggregated + operations in a highly contested environment. + (5) The inadequacies of the legacy bulk fuel management + strategy is particularly acute in the United States Indo- + Pacific Command Area of Responsibility. + (b) Sense of Congress.--It is the sense of Congress that a single +organizational element should be responsible for the bulk fuel +management and delivery throughout the United States Indo-Pacific +Command Area of Responsibility. + (c) Study and Strategy Required.--The Secretary of the Navy shall-- + (1) conduct a study of current and projected bulk fuel + management strategies in the United States Indo-Pacific Command + Area of Responsibility; and + (2) prepare a proposed bulk fuel management strategy that + optimally supports bulk fuel management in the United States + Indo-Pacific Command Area of Responsibility. + (d) Elements of Study.--The study required by subsection (c) shall +include the following elements: + (1) A description of current organizational responsibility + of bulk fuel management in the United States Indo-Pacific + Command Area of Responsibility from ordering, storage, + strategic transportation, and tactical transportation to the + last tactical mile. + (2) A description of legacy bulk fuel management assets + that can be used to support the United States Indo-Pacific + Command. + (3) Options for congressional consideration to better align + organizational responsibility through the entirety of the bulk + fuel management system in the United States Indo-Pacific + Command Area of Responsibility, as proposed in the bulk fuel + management strategy prepared pursuant to paragraph (2) of such + subsection. + (e) Coordination.--The Secretary of the Navy shall conduct the +study and prepare the bulk fuel management strategy required by +subsection (c) in coordination with subject-matter experts of the +United States Indo-Pacific Command, the United States Transportation +Command, and the Defense Logistics Agency. + (f) Report Required.--Not later than 1 year after the date of the +enactment of this Act, the Secretary of the Navy shall submit to the +congressional defense committees a report containing the results of the +study required by subsection (c) and the bulk fuel management strategy +required by such subsection. + (g) Prohibition on Certain Construction Pending Report.--None of +the funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2021 for the Navy for construction related to +additional bulk fuel storage in the United States Indo-Pacific Command +Area of Responsibility may be obligated or expended until the report +required by subsection (f) is submitted to the congressional defense +committees. + +SEC. 2855. DEPARTMENT OF DEFENSE REPORT ON EASEMENTS AND LEASED LANDS + IN HAWAI`I. + + (a) Findings.--Congress finds the following: + (1) Lands throughout the State of Hawai`i currently owned + and leased by the Department of Defense or in which the + Department of Defense otherwise has a real property interest + are critical to maintaining the readiness of the Armed Forces + now stationed or to be stationed in Hawai`i and throughout the + Indo-Pacific region and elsewhere. + (2) Securing long-term continued utilization of those lands + by the Armed Forces is thus critical to the national defense. + (3) As a result of various factors, including complex land + ownership and utilization issues and competing actual and + potential uses, the interdependency of the various military + components, and the necessity of maintaining public support for + the presence and operations of the Armed Forces, the + realization of the congressional and Department of Defense + goals of ensuring the continuity of critical land and + facilities infrastructure requires a sustained, dedicated, + funded, top-level effort to coordinate realization of these + goals across the Armed Forces, between the Department of + Defense and other agencies of the Federal Government, and + between the Department of Defense and the State of Hawai`i and + its civilian sector. + (4) The end result of this effort must account for military + and civilian concerns and for the changing missions and needs + of all components of the Armed Forces stationed or otherwise + operating out of the State of Hawai`i as the Department of + Defense adjusts to meet the objectives outlined in the National + Defense Strategy. + (b) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Under Secretary of Defense for Acquisition +and Sustainment shall submit to the congressional defense committee a +report describing the progress being made by the Department of Defense +to renew Department of Defense land leases and easements in the State +of Hawai`i that encompass one acre or more and will expire before +January 1, 2030. The report shall include the following: + (1) The location, size, and expiration date of each lease + and easement. + (2) Major milestones and expected timelines for maintaining + access to the land covered by each lease and easement. + (3) Actions completed over the preceding 2 years for each + lease and easement. + (4) Department-wide and service-specific authorities + governing each lease and easement extension. + (5) A summary of coordination efforts between the Secretary + of Defense and the Secretaries of the military departments. + (6) The status of efforts to develop an inventory of + military land in Hawai`i, to include current possible future + uses, that would assist in land negotiations with the State of + Hawai`i. + (7) The risks and potential solutions to ensure the + renewability of required and critical leases and easements. + + Subtitle G--Other Matters + +SEC. 2861. DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM. + + (a) Prioritization of Community Infrastructure Projects.--Section +2391(d)(1) of title 10, United States Code, is amended-- + (1) by inserting ``(A)'' after ``(1)''; + (2) by striking ``, if the Secretary determines that such + assistance will enhance the military value, resilience, or + military family quality of life at such military + installation''; and + (3) by adding at the end the following new subparagraph: + ``(B) The Secretary shall establish criteria for the selection of +community infrastructure projects to receive assistance under this +subsection, including selection of community infrastructure projects in +the following order of priority: + ``(i) Projects that will enhance military installation + resilience. + ``(ii) Projects that will enhance military value at a + military installation. + ``(iii) Projects that will enhance military family quality + of life at a military installation.''. + (b) Cost-Sharing Requirements.--Paragraph (2) of section 2391(d) of +title 10, United States Code, is amended to read as follows: + ``(2)(A) The criteria established for the selection of community +infrastructure projects to receive assistance under this subsection +shall include a requirement that, except as provided in subparagraph +(B), the State or local government agree to contribute not less than 30 +percent of the funding for the community infrastructure project. + ``(B) If a proposed community infrastructure project will be +carried out in a rural area or the Secretary of Defense determines that +a proposed community infrastructure project is advantageous for reasons +related to national security, the Secretary-- + ``(i) shall not penalize a State or local government for + offering to make a contribution of 30 percent or less of the + funding for the community infrastructure project; and + ``(ii) may reduce the requirement for a State or local + government contribution to 30 percent or less or waive the + cost-sharing requirement entirely.''. + (c) Specified Duration of Program.--Section 2391(d)(4) of title 10, +United States Code, is amended by striking ``upon the expiration of the +10-year period which begins on the date of the enactment of the +National Defense Authorization Act for Fiscal Year 2019'' and inserting +``on September 30, 2028''. + (d) Clarification of Military Family Quality of Life Criteria.-- +Section 2391(e)(4) of title 10, United States Code, is amended by +adding at the end the following new subparagraph: + ``(C) For the purposes of determining whether proposed + community infrastructure will enhance quality of life, the + Secretary of Defense shall consider the impact of the community + infrastructure on alleviating installation commuter workforce + issues and the benefit of schools or other local infrastructure + located off of a military installation that will support + members of the armed forces and their dependents residing in + the community.''. + +SEC. 2862. PILOT PROGRAM ON REDUCTION OF EFFECTS OF MILITARY AVIATION + NOISE ON CERTAIN COVERED PROPERTY. + + (a) In General.--The Secretary of Defense shall carry out a 5-year +pilot program under which the commander of a military installation may +provide funds for the purpose of installing noise insulation on covered +property impacted by military aviation noise from aircraft utilizing +the installation. + (b) Cost Sharing Requirement.--To be eligible to receive funds +under the pilot program, a recipient shall enter into an agreement with +the commander to cover at least 50 percent of the cost to acquire and +install the noise insulation for the covered property. + (c) Noise Reduction Threshold.--To be eligible to receive funds +under the pilot program, the commander must determine that, if noise +insulation is installed as requested, noise at the covered property +would be reduced by at least five dB. + (d) Other Funding Limitations.--Funds provided under the pilot +program shall be used for the installation of noise insulation for +covered property-- + (1) located within a Department of Defense noise contour + between 65 dB day-night average sound level and 75 dB day-night + average sound level as validated on a National Environmental + Policy Act-compliant assessment within the past three years; + and + (2) where interior noise has been measured at 45 dB day- + night average sound level by the installation. + (e) Goals and Best Practices.--In carrying out the pilot program, a +commander shall pursue the following goals and use the following best +practices: + (1) Minimize cost in order to maximize the quantity of + covered property served. + (2) Focus efforts on covered property newly impacted by + increased noise levels. + (f) Covered Property Defined.--For purposes of the pilot program, +the term ``covered property'' means the following: + (1) A private residence. + (2) A hospital. + (3) A daycare facility. + (4) A school. + (5) A facility whose primary purpose is serving senior + citizens. + (g) Condition on Commencement.--Commencement of the pilot program +shall be subject to the availability of appropriations for the program. + +SEC. 2863. DEPARTMENT OF DEFENSE POLICY FOR REGULATION OF DANGEROUS + DOGS IN MILITARY COMMUNITIES. + + (a) Policy Required.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense, through the Veterinary +Service Activity of the Department of Defense, shall establish a +standardized policy applicable across all military communities for the +regulation of dangerous dogs that is-- + (1) breed-neutral; and + (2) consistent with advice from professional veterinary and + animal behavior experts in regard to effective regulation of + dangerous dogs. + (b) Regulations.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary shall prescribe + regulations implementing the policy established under + subsection (a). + (2) Best practices.--The regulations prescribed under + paragraph (1) shall include strategies, for implementation + within all military communities, for the prevention of dog + bites that are consistent with the following best practices: + (A) Enforcement of comprehensive, nonbreed-specific + regulations relating to dangerous dogs, with emphasis + on identification of dangerous dog behavior and + chronically irresponsible owners. + (B) Enforcement of animal control regulations, such + as leash laws and stray animal control policies. + (C) Promotion and communication of resources for + pet spaying and neutering. + (D) Investment in community education initiatives, + such as teaching criteria for pet selection, pet care + best practices, owner responsibilities, and safe and + appropriate interaction with dogs. + (c) Definitions.--In this section: + (1) The term ``dangerous dog'' means a dog that-- + (A) has attacked a person or another animal without + justification, causing injury or death to the person or + animal; or + (B) exhibits behavior that reasonably suggests the + likely risk of such an attack. + (2) The term ``military communities'' means-- + (A) all installations of the Department; and + (B) all military housing, including privatized + military housing under subchapter IV of chapter 169 of + title 10, United States Code. + +SEC. 2864. RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION + REQUIREMENTS FOR CERTAIN FLEET READINESS CENTERS. + + The Navy shall be responsible for programming, requesting, and +executing any military construction requirements related to any Fleet +Readiness Center that is a tenant command at a Marine Corps +installation. + + TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION + +SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + The Secretary of the Navy may acquire real property and carry out +the military construction projects for the installation outside the +United States, and in the amount, set forth in the following table: + + Navy: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Location Amount +---------------------------------------------------------------------------------------------------------------- +Spain........................................... Rota....................................... $59,230,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION + PROJECTS. + + The Secretary of the Air Force may acquire real property and carry +out the military construction projects for the installations outside +the United States, and in the amounts, set forth in the following +table: + + Air Force: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Location Amount +---------------------------------------------------------------------------------------------------------------- +Germany......................................... Ramstein................................... $36,345,000 + Spangdahlem Air Base....................... $25,824,000 +Romania......................................... Campia Turzii.............................. $130,500,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2020, for the military construction +projects outside the United States authorized by this title as +specified in the funding table in section 4602. + + DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND + OTHER AUTHORIZATIONS + + TITLE XXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + + Subtitle A--National Security Programs and Authorizations + +SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated to the Department of Energy for fiscal year 2021 for +the activities of the National Nuclear Security Administration in +carrying out programs as specified in the funding table in section +4701. + (b) Authorization of New Plant Projects.--From funds referred to in +subsection (a) that are available for carrying out plant projects, the +Secretary of Energy may carry out new plant projects for the National +Nuclear Security Administration as follows: + Project 21-D-510, High Explosive Synthesis, Formulation, + and Production facility, Pantex Plant, Amarillo, Texas, + $177,395,000. + Project 21-D-511, Savannah River Plutonium Processing + Facility, Savannah River Site, Aiken, South Carolina, + $241,896,000. + Project 21-D-512, Plutonium Pit Production Project, Los + Alamos National Laboratory, Los Alamos, New Mexico, + $116,900,000 for planning and design and $79,100,000 for + construction. + Project 21-D-530, Steam and Condensate Upgrade, Knolls + Atomic Power Laboratory, Schenectady, New York, $50,200,000. + General Purpose Project, TA-15 Dual-Axis Radiographic + Hydrodynamic Test facility, Hydro Vessel Repair facility, Los + Alamos National Laboratory, Los Alamos, New Mexico, + $16,491,000. + General Purpose Project, U1a.03 Test Bed Facility + Improvements, Nevada National Security Site, Mercury, Nevada, + $16,000,000. + +SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated to the Department of Energy for fiscal year 2021 for +defense environmental cleanup activities in carrying out programs as +specified in the funding table in section 4701. + (b) Authorization of New Plant Projects.--From funds referred to in +subsection (a) that are available for carrying out plant projects, the +Secretary of Energy may carry out, for defense environmental cleanup +activities, the following new plant projects: + Project 21-D-401, Hoisting Capability Project, Waste + Isolation Pilot Plant, Carlsbad, New Mexico, $10,000,000. + +SEC. 3103. OTHER DEFENSE ACTIVITIES. + + Funds are hereby authorized to be appropriated to the Department of +Energy for fiscal year 2021 for other defense activities in carrying +out programs as specified in the funding table in section 4701. + +SEC. 3104. NUCLEAR ENERGY. + + Funds are hereby authorized to be appropriated to the Department of +Energy for fiscal year 2021 for nuclear energy as specified in the +funding table in section 4701. + + Subtitle B--Program Authorizations, Restrictions, Limitations, and + Other Matters + +SEC. 3111. NUCLEAR WARHEAD ACQUISITION PROCESSES. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) in its 25th year, the science-based Stockpile + Stewardship Program established under section 4201 of the + Atomic Energy Defense Act (50 U.S.C. 2521) has succeeded in + providing the United States with a credible nuclear deterrent + in the absence of nuclear explosive testing; + (2) maintaining global moratoria on nuclear explosive + testing is in the national security interest of the United + States; + (3) a robust, second-to-none science and technology + enterprise is required to maintain and certify the nuclear + weapons stockpile of the United States; and + (4) the National Nuclear Security Administration must + continue to improve program management and execution of the + major acquisition programs of the Administration. + (b) Requirements.-- + (1) Phases.--Subtitle A of title XLII of the Atomic Energy + Defense Act (50 U.S.C. 4201 et seq.) is amended by adding at + the end the following new section: + +``SEC. 4223. REQUIREMENTS FOR CERTAIN JOINT NUCLEAR WEAPONS LIFE CYCLE + PHASES. + + ``(a) Design and Engineering Requirements.--The Administrator shall +ensure the following: + ``(1) The national security laboratories engage in peer + review of proposed designs of nuclear weapons. + ``(2) The nuclear weapons production facilities are + involved early and often during the design and engineering + process of nuclear weapons in order to take into account how + such design and engineering will affect the production of the + nuclear weapons. + ``(b) Requirements After Phase 1.--After the Administrator +completes phase 1 of the joint nuclear weapons life cycle for a nuclear +weapon, the Nuclear Weapons Council shall submit to the congressional +defense committees a report containing the following: + ``(1) A description of the potential military + characteristics of the nuclear weapon. + ``(2) A description of the stockpile-to-target sequence + requirements of the nuclear weapon. + ``(3) A description of any other requirements of the + Administration or the Department of Energy that will affect the + nuclear weapon, including the first product unit date, the + initial operational capability date, the final operational + capability date, or requirements relating to increased safety + and surety. + ``(4) Initial assessments of the effect to the nuclear + security enterprise workforce and any required new or + recapitalized major facilities or capabilities relating to the + nuclear weapon. + ``(c) Requirements Entering Into Phase 2.--Not later than 15 days +after the date on which the Nuclear Weapons Council approves a nuclear +weapon for phase 2 of the joint nuclear weapons life cycle, the +Administrator shall submit to the congressional defense committees a +plan to implement an independent peer-review process, a board of +experts, or both, with respect to the nonnuclear weapon component and +subsystem design and engineering aspects of such nuclear weapon. The +Administrator shall ensure that such process-- + ``(1) uses all relevant capabilities of the Federal + Government, the defense industrial base, and academia, and + other capabilities that the Administrator determines necessary; + and + ``(2) informs the entire development life cycle of such + nuclear weapon. + ``(d) Requirements Entering Into Phase 3.-- + ``(1) Independent cost assessment.--Before the Nuclear + Weapons Council approves a nuclear weapon for phase 3 of the + joint nuclear weapons life cycle, the Administrator shall + ensure that an independent cost assessment is conducted for + phase 3 that includes assigning a percentage of confidence + level with respect to the Administrator being able to carry out + phase 3 within the estimated schedule and cost objectives. + ``(2) Certifications and reports.--Not later than 15 days + after the date on which the Nuclear Weapons Council approves a + nuclear weapon for phase 3 of the joint nuclear weapons life + cycle-- + ``(A) the Administrator shall certify to the + congressional defense committees that-- + ``(i) the joint nuclear weapons life cycle + process for phases 1 through 5 of the nuclear + weapon has equal or greater rigor as the life + extension process under each part of phase 6; + and + ``(ii) the level of design and technology + maturity of the proposed design of the nuclear + weapon can be carried out within the estimated + schedule and cost objectives specified in the + cost assessment under paragraph (1); and + ``(B) the Commander of the United States Strategic + Command shall submit to the congressional defense + committees a report containing-- + ``(i) the specific warhead requirements for + the delivery system of the nuclear weapon, + including such planned requirements during the + 15-year period following the date of the + report; and + ``(ii) an identification of the tail + numbers of the warheads for that delivery + system that may require life extensions, be + retired, or be altered during such period, and + a description of the considerations for + deciding on such actions. + ``(e) Waivers.--Subsections (b) through (d) may be waived during a +period of war declared by Congress after the date of the enactment of +the National Defense Authorization Act for Fiscal Year 2021. + ``(f) Joint Nuclear Weapons Life Cycle Defined.--In this section, +the term `joint nuclear weapons life cycle' has the meaning given that +term in section 4220.''. + (2) Clerical amendment.--The table of contents for the + Atomic Energy Defense Act is amended by inserting after the + item relating to section 4222 the following new item: + +``Sec. 4223. Requirements for certain joint nuclear weapons life cycle + phases.''. + (c) Selected Acquisition Reports and Independent Cost Estimates.-- +Section 4217(b)(1) of such Act (50 U.S.C. 2537(b)(1)) is amended-- + (1) in subparagraph (A)-- + (A) in clause (i), by striking ``phase 6.2A'' and + inserting ``phase 2A and phase 6.2A''; + (B) in clause (ii), by striking ``phase 6.3'' and + inserting ``phase 3 and phase 6.3''; + (C) in clause (iii)-- + (i) by striking ``phase 6.4'' and inserting + ``phase 4 and phase 6.4''; and + (ii) by striking ``phase 6.5'' and + inserting ``phase 5 and phase 6.5''; and + (2) in subparagraph (B), by striking ``phase 6.2'' and + inserting ``phase 2 and phase 6.2''. + (d) Report.--Not later than 120 days after the date of the +enactment of this Act, the Director for Cost Estimating and Program +Evaluation of the National Nuclear Security Administration shall submit +to the congressional defense committees a report containing +recommendations to strengthen governance, program execution, and +program management controls with respect to the process of the joint +nuclear weapons life cycle (as defined in section 4220 of the Atomic +Energy Defense Act (50 U.S.C. 2538b). + +SEC. 3112. UNCOSTED AND UNOBLIGATED AMOUNTS OF NATIONAL NUCLEAR + SECURITY ADMINISTRATION. + + Section 3251(b) of the National Nuclear Security Administration Act +(50 U.S.C. 2451(b)) is amended by adding at the end the following new +paragraph: + ``(3) In the budget justification materials for each of fiscal +years 2022 through 2026 submitted to Congress in support of each such +budget, the Administrator shall include a detailed description of the +uncosted and unobligated amounts that the Administrator maintains, +listed by the year for which the amounts were appropriated, including-- + ``(A) the gross uncosted and unobligated amounts for each + individual program element (using thresholds specified in the + report submitted by the Secretary of Energy to Congress titled + `Report on Uncosted Balances for Fiscal Year Ended September + 30, 2014'); and + ``(B) an explanation for why the uncosted and unobligated + amounts have not been expended.''. + +SEC. 3113. EXTENSION OF LIMITATION RELATING TO RECLASSIFICATION OF + HIGH-LEVEL WASTE. + + Section 3121 of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1953) is amended by striking +``fiscal year 2020'' and inserting ``fiscal year 2020 or fiscal year +2021''. + +SEC. 3114. EXTENSION OF PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD + COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-DIRECTED + RESEARCH AND DEVELOPMENT. + + Section 3119 of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is amended-- + (1) in subsection (c)(2), by striking ``four'' and + inserting ``five''; and + (2) in subsection (d), by striking ``February 15, 2020'' + and inserting ``December 31, 2020''. + +SEC. 3115. PLUTONIUM PIT PRODUCTION. + + (a) Independent Cost Estimate.-- + (1) Requirement.--The Secretary of Energy shall conduct an + independent cost estimate of the Savannah River Plutonium + Processing Facility project in accordance with Department of + Energy Directive 413.3b, as in effect on the date of the + enactment of this Act. + (2) Confidence level.--The assessment under paragraph (1) + shall assign a percentage of confidence level with respect to + the Secretary being able to carry out the Facility project + within the estimated schedule and cost objectives. + (3) Submission.--The Secretary shall submit to the + congressional defense committees the independent cost estimate + under paragraph (1). + (b) Conditional Reports and Certifications.-- + (1) Low confidence.--If the assessment under subsection (a) + assigns a confidence level below 90 percent pursuant to + paragraph (2) of such subsection-- + (A) the Secretary shall submit to the congressional + defense committees the report described in paragraph + (2); and + (B) the Commander of the United States Strategic + Command shall certify to such committees that either-- + (i) the requirement to produce not less + than 80 war reserve plutonium pits during 2030 + pursuant to section 4219 of the Atomic Energy + Defense Act (50 U.S.C. 2538a) cannot be + extended by up to five years without causing a + grave threat to the national security of the + United States, taking into account options for + temporarily surging the production of such pits + at Los Alamos National Laboratory and other + mitigation strategies available to the + Commander; or + (ii) such requirement can be so extended + without causing a grave threat to the national + security of the United States. + (2) Report.--The report described in this paragraph is a + report by the Secretary that contains either of the following: + (A) A certification by the Secretary, without + delegation, that, notwithstanding the confidence level + contained in the assessment under subsection (a), the + Secretary has a confidence level of 90 percent or + greater with respect to being able to carry out the + Facility project within the estimated schedule and cost + objectives. + (B) If the Secretary cannot make the certification + under subparagraph (A), a plan by the Secretary to + achieve such a confidence level of 90 percent or + greater, including with respect to changing the costs, + schedule, and scope of the Facility project. + +SEC. 3116. PROGRAM FOR RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL + NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED URANIUM. + + (a) Establishment.--Not later than 60 days after the date of the +enactment of this Act, the Administrator for Nuclear Security shall +establish a program to assess the viability of using low-enriched +uranium in naval nuclear propulsion reactors, including such reactors +located on aircraft carriers and submarines, that meet the requirements +of the Navy. + (b) Activities.--In carrying out the program under subsection (a), +the Administrator shall carry out activities to develop an advanced +naval nuclear fuel system based on low-enriched uranium, including +activities relating to-- + (1) down-blending of high-enriched uranium into low- + enriched uranium; + (2) manufacturing of candidate advanced low-enriched + uranium fuels; + (3) irradiation tests and post-irradiation examination of + these fuels; and + (4) modification or procurement of equipment and + infrastructure relating to such activities. + (c) Report.--Not later than 120 days after the date of the +enactment of this Act, the Administrator shall submit to the +congressional defense committees a plan outlining the activities the +Administrator will carry out under the program established under +subsection (a), including the funding requirements associated with +developing a low-enriched uranium fuel. + +SEC. 3117. INDEPENDENT STUDY ON EFFECTS OF USE OF NUCLEAR WEAPONS. + + (a) Study.--The Administrator for Nuclear Security shall seek to +enter into an agreement with the National Academies of Sciences, +Engineering, and Medicine under which the National Academies conduct a +study on the atmospheric effects of nuclear explosions. + (b) Matters Included.--The study under subsection (a) shall include +the following: + (1) An evaluation of the non-fallout atmospheric effects of + likely and plausible scenarios for nuclear war, ranging from + relatively small, regional exchanges to large exchanges + associated with nuclear war between major powers. + (2) An examination of the effects evaluated under paragraph + (1) by-- + (A) the yield, type, and number of nuclear weapons; + (B) the types and locations of targets; + (C) the time distribution of the explosions; + (D) the atmospheric conditions; and + (E) other factors that may have a significant + impact on the effects. + (3) An assessment of current models of nuclear explosions, + including with respect to-- + (A) the fires such explosions may cause; + (B) the atmospheric transport of the gases from + such explosions; + (C) the radioactive material from such explosions; + and + (D) the soot and other debris from such explosions + and fires, the atmospheric effects of such soot and + debris, and the consequences of such effects, including + the consequences relating to extreme weather, air + pollution, stratospheric ozone, agriculture, and marine + and terrestrial ecosystems. + (4) Identification of the capabilities and limitations of + the models described in paragraph (3) for assessing the impacts + of nuclear war, including-- + (A) an evaluation of the relevant uncertainties; + (B) a highlight of the key data gaps; and + (C) recommendations for how such models can be + improved to inform decision making. + (c) Report.-- + (1) In general.--Not later than 18 months after the date of + the enactment of this Act, the National Academies shall submit + to the Administrator for National Security and the + congressional defense committees a report on the study under + subsection (a). + (2) Form.--The report under paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + (d) Information.--The Secretary of Defense shall provide to the +National Academies the information of the Department of Defense +necessary for the National Academies to conduct the study under +subsection (a), including information relating to relevant scenarios +described in subsection (b). + +SEC. 3118. REPORTS ON DIVERSITY OF CERTAIN CONTRACTOR EMPLOYEES OF + NATIONAL NUCLEAR SECURITY ADMINISTRATION. + + (a) Annual Reports.--Not later than December 31, 2020, and each +year thereafter through 2022, the Administrator for Nuclear Security +shall submit to the congressional defense committees a report on the +diversity of contractor employees of the National Nuclear Security +Administration. + (b) Matters Included.--Subject to subsection (c), each report under +subsection (a) shall include, for each covered element of the +Administration, the following: + (1) With respect to the fiscal year covered by the report + and the previous fiscal year, demographic data of-- + (A) the contractor employees of the covered + element; + (B) the contractor employees hired at the covered + element during each such year; and + (C) the contractor employees of the covered element + who voluntarily separated during each such year. + (2) To the extent practical, a breakdown of the data under + subparagraph (A) by each position in the Standard Occupational + Classification System by the Bureau of Labor Statistics. + (3) A description of the plan to increase diversity at the + covered element, and how such plan responds to any trends + identified with respect to the data under paragraph (1). + (4) An identification of the official of the covered + element responsible for implementing such plan and a + description of how the person determines whether the covered + element is meeting the goals of the plan. + (5) A description of the training resources relating to + diversity, equality, and inclusion are available to contractor + employees of the covered element with hiring authority, and an + identification of how many such contractor employees have been + trained. + (c) Data.--The Administrator shall carry out this section using +data that is-- + (1) otherwise available to the Administrator and to the + management and operating contractors of the nuclear security + enterprise; + (2) collected in accordance with applicable laws and + regulations of the Equal Employment Opportunity Commission, + regulations of the Office of Federal Contract Compliance + Programs of the Department of Labor, and applicable provisions + of Federal law on privacy; and + (3) obtained from relevant elements of the Federal + Government pursuant to a memorandum of understanding specifying + the terms and conditions for the sharing of such data, + including by identifying-- + (A) the statutory authority governing such sharing; + (B) the minimum amount of data needed to be shared; + (C) the exact data to be shared; + (D) the method of securely sharing such data; and + (E) the limitations on the use and disclosure of + such data. + (d) Publication.--The Administrator shall make publicly available +on the internet website of the Department of Energy each report under +subsection (a), subject to the regulations and Federal law specified in +subsection (c)(2). + (e) GAO Review.--Not later than 1 year after the date on which the +Administrator submits the first report under subsection (a), the +Comptroller General of the United States shall submit to the +congressional defense committees a review of-- + (1) the diversity of contractor employees with respect to + both the hiring and retention of such employees; + (2) the demographic composition of such employees; and + (3) the issues relating to diversity that such report + identifies and the steps taken by the Administrator to address + such issues. + (f) Sense of Congress.--It is the sense of Congress that-- + (1) National Nuclear Security Administration is undertaking + the largest and most complex workload since the end of the Cold + War; + (2) ensuring that the nuclear security enterprise hires, + trains, and retains a diverse and highly educated workforce is + a national security priority of the United States; + (3) more than 5,000 employees were hired at the + laboratories, plants, and sites of the National Nuclear + Security Administration during fiscal year 2019; and + (4) the National Nuclear Security Administration has taken + important actions to hire and retain the best and brightest + workforce and is encouraged to continue to build upon these + efforts, particularly as its aging workforce continues to + retire. + (g) Definitions.--In this section: + (1) The term ``contractor employee'' means an employee of a + management and operating contractor of the nuclear security + enterprise. + (2) The term ``covered element'' means each national + security laboratory and nuclear weapons production facility (as + such terms are defined in section 3281 of the National Nuclear + Security Administration Act (50 U.S.C. 2471)). + (3) The term ``nuclear security enterprise'' has the + meaning that term in section 3281 of the National Nuclear + Security Administration Act (50 U.S.C. 2471)). + +SEC. 3119. FINDINGS, PURPOSE, AND APOLOGY RELATING TO FALLOUT EMITTED + DURING THE GOVERNMENT'S ATMOSPHERIC NUCLEAR TESTS. + + Section 2(a)(1) of the Radiation Exposure Compensation Act (Public +Law 101-426; 42 U.S.C. 2210 note) is amended by inserting ``, including +individuals in New Mexico, Idaho, Colorado, Arizona, Utah, Texas, +Wyoming, Oregon, Washington, South Dakota, North Dakota, Nevada, Guam, +and the Northern Mariana Islands,'' after ``tests exposed +individuals''. + +SEC. 3120. SENSE OF CONGRESS REGARDING URANIUM MINING AND NUCLEAR + TESTING. + + It is the sense of Congress that the United States should +compensate and recognize all of the miners, workers, downwinders, and +others suffering from the effects of uranium mining and nuclear testing +carried out during the Cold War. + +SEC. 3121. PROHIBITION ON USE OF FUNDS FOR NUCLEAR WEAPONS TEST + EXPLOSIONS. + + (a) In General.--None of the funds authorized to be appropriated by +this Act or otherwise made available for fiscal year 2021, or +authorized to be appropriated or otherwise made available for any +fiscal year before fiscal year 2021 and available for obligation as of +the date of the enactment of this Act, may be obligated or expended to +conduct or make preparations for any explosive nuclear weapons test +that produces any yield. + (b) Rule of Construction.--Nothing in subsection (a) shall be +construed to apply to nuclear stockpile stewardship activities that are +consistent with the zero-yield standard and other requirements under +law. + +SEC. 3122. SENSE OF CONGRESS ON THE ENERGY EMPLOYEES OCCUPATIONAL + ILLNESS COMPENSATION PROGRAM. + + It is the sense of Congress that-- + (1) the Energy Employees Occupational Illness Compensation + Program Act (EEOICPA) was enacted as part of the Fiscal Year + 2001 Defense Authorization Act (Public Law 106-398) to ensure + fairness and equity to the civilian men and women who, since + the commencement of the Manhattan Project, have performed + duties uniquely related to the nuclear weapons production and + testing programs of the Department of Energy (DOE) and its + predecessor agencies and were made ill from exposure to toxic + substances related to such work; + (2) as part of EEOICPA, Congress provided for a system of + efficient, uniform, and adequate compensation and health care + to assist the defense nuclear workers who were employed by the + DOE, its contractors, and certain private vendors; + (3) as part of reforms to this program enacted as part of + the Fiscal Year 2005 Defense Authorization Act (Public Law 108- + 375), Congress created the Office of the Ombudsman for the + Energy Employees Occupational Illness Compensation Program + (although such Office is within the Department of Labor, the + Office of the Ombudsman is independent of the other officers + and employees of the Department of Labor engaged in activities + related to the administration of the provisions of EEOICPA); + (4) the Office of the Ombudsman provides guidance and + assistance to claimants navigating the claims application + process and prepares an annual report to Congress with-- + (A) the number and types of complaints, grievances, + and requests for assistance received by the Ombudsman + during the preceding year; and + (B) an assessment of the most common difficulties + encountered by claimants and potential claimants during + the preceding year; + (5) claimants rely on the Office of the Ombudsman in the + Department of Labor to provide impartial advice and guidance in + navigating what can be a challenging claims process, and its + operations should be continued; + (6) Congress has reauthorized the Office of the Ombudsman + on a bipartisan basis as part of the National Defense + Authorization Act on multiple occasions, including most + recently in the Fiscal Year 2020 Defense Authorization Act + (Public Law 116-48); and + (7) the Office of the Ombudsman is critical to the + successful implementation of EEOICPA. + + TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD + +SEC. 3201. AUTHORIZATION. + + There are authorized to be appropriated for fiscal year 2021, +$28,836,000 for the operation of the Defense Nuclear Facilities Safety +Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 +et seq.). + + TITLE XXXIV--NAVAL PETROLEUM RESERVES + +SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. + + (a) Amount.--There are hereby authorized to be appropriated to the +Secretary of Energy $13,006,000 for fiscal year 2021 for the purpose of +carrying out activities under chapter 869 of title 10, United States +Code, relating to the naval petroleum reserves. + (b) Period of Availability.--Funds appropriated pursuant to the +authorization of appropriations in subsection (a) shall remain +available until expended. + + TITLE XXXV--MARITIME MATTERS + + Subtitle A--Maritime Administration + +SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION. + + (a) Fiscal Year 2021 Authorization.--There are authorized to be +appropriated to the Department of Transportation for fiscal year 2021, +to be available without fiscal year limitation if so provided in +appropriations Acts, for programs associated with maintaining the +United States merchant marine, the following amounts: + (1) For expenses necessary for operations of the United + States Merchant Marine Academy, $81,944,000, of which-- + (A) $76,444,000 shall be for Academy operations; + and + (B) $5,500,000 shall remain available until + expended for capital asset management at the Academy. + (2) For expenses necessary to support the State maritime + academies, $37,700,000, of which-- + (A) $2,400,000 shall remain available until + September 30, 2021, for the Student Incentive Program; + and + (B) $30,500,000 shall remain available until + expended for maintenance and repair of State maritime + academy training vessels. + (3) For expenses necessary to support the National Security + Multi-Mission Vessel Program, $388,815,000, which shall remain + available until expended. + (4) For expenses necessary to support Maritime + Administration operations and programs, $55,853,000. + (5) For expenses necessary to dispose of vessels in the + National Defense Reserve Fleet, $4,200,000, which shall remain + available until expended. + (6) For expenses necessary to maintain and preserve a + United States flag merchant marine to serve the national + security needs of the United States under chapter 531 of title + 46, United States Code, $494,008,000. + (7) For expenses necessary for the loan guarantee program + authorized under chapter 537 of title 46, United States Code, + $33,000,000, of which-- + (A) $30,000,000 may be used for the cost (as + defined in section 502(5) of the Federal Credit Reform + Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees + under the program; and + (B) $3,000,000 may be used for administrative + expenses relating to loan guarantee commitments under + the program. + (8) For expenses necessary to provide small shipyards and + maritime communities grants under section 54101 of title 46, + United States Code, $20,000,000. + (b) Amount of Fiscal Year 2021 Contractor Payments Under Operating +Agreements.--Section 53106(a)(1)(B) of title 46, United States Code, is +amended by striking ``$5,233,463'' and inserting ``$8,233,463''. + (c) Conforming Amendment.--Section 53111(2) of title 46, United +States Code, is amended by striking ``$314,007,780'' and inserting +``$494,008,000''. + +SEC. 3502. SENSE OF CONGRESS REGARDING ROLE OF DOMESTIC MARITIME + INDUSTRY IN NATIONAL SECURITY. + + (a) Findings.--Congress makes the following findings: + (1) The United States domestic maritime industry, with a + fleet of nearly 40,000 vessels, supports nearly 650,000 + American jobs and provides more than $150,000,000 in annual + economic output. + (2) The vessel innovations of the domestic trades that + transformed worldwide maritime commerce include the development + of container ships, self-unloading vessels, articulated tug- + barges, trailer barges, chemical parcel tankers, railroad-on- + barge carfloats, and river flotilla towing systems. + (3) The domestic fleet is essential to national security is + needed to crew United States Government-owned and other sealift + vessels to protect the Nation. + (4) The Department of Defense and the entire national + security infrastructure of the United States benefits from a + robust commercial shipyard and ship repair industry, which + helps provide both economic and military sealift support. + (5) The Department of Defense depends on the United States + domestic trades' fleet of container ships, roll-on/roll-off + ships, product tankers, and other vessels to assist with the + flow of military cargoes during both peace time and war time. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) United States coastwise trade laws promote a strong + domestic trade maritime industry, which supports the national + security and economic vitality of the United States and the + efficient operation of the United States transportation system; + and + (2) a strong commercial maritime industry makes the United + States more secure. + +SEC. 3503. NONAPPLICABILITY OF REQUIREMENT RELATING TO MINIMUM NUMBER + OF OPERATING DAYS FOR VESSELS OPERATING UNDER MSP + OPERATING AGREEMENTS. + + Notwithstanding part 296 of title 46, Code of Federal Regulations, +until December 31, 2020, or upon the written determination of the +Secretary of Transportation until June 31, 2021, the operator of a +vessel operating such vessel under an MSP Operating Agreement (as such +term is defined in section 296.2 of title 46, Code of Federal +Regulations)-- + (1) shall not be required to comply with any requirement + with respect to operating days (as such term is defined in such + section) contained in such agreement; and + (2) shall maintain such vessel in a state of operational + readiness, including through the employment of the vessel's + crew complement, until the applicable date. + +SEC. 3504. IMPROVEMENTS TO PROCESS FOR WAIVING NAVIGATION AND VESSEL- + INSPECTION LAWS. + + (a) Improvements to Waiver Process.--Section 501 of title 46, +United States Code, is amended-- + (1) in subsection (a), by adding ``to address an immediate + adverse effect on military operations'' after ``national + defense''; + (2) in subsection (b)-- + (A) by redesignating paragraphs (2) and (3) as + paragraphs (3) and (4), respectively; + (B) by inserting after paragraph (1) the following + new paragraph: + ``(2) Duration of waiver.-- + ``(A) In general.--Subject to subparagraphs (B) and + (C), a waiver issued under this subsection shall be for + a period of not more than 10 days. + ``(B) Waiver extension.--Upon the termination of + the period of a waiver issued under this subsection, + the head of an agency may extend the waiver for an + additional period of not more than 10 days, if the + Maritime Administrator makes the determinations + referred to in paragraph (1). + ``(C) Aggregate duration.--The aggregate duration + of the period of all waivers and extensions of waivers + under this subsection with respect to any one set of + events shall not exceed 45 days.''; and + (C) in paragraph (4), as so redesignated-- + (i) in subparagraph (B)(ii), by striking + ``paragraph (2)(A)'' and inserting ``paragraph + (3)(A)''; and + (ii) by adding at the end the following new + subparagraph: + ``(C) Notification required for extensions.--For + purposes of this paragraph, an extension requested or + issued under paragraph (2)(B) shall be treated in the + same manner as a waiver requested or issued under this + section.''; + (3) by redesignating subsection (c) as subsection (d); and + (4) by inserting after subsection (b) the following new + subsection: + ``(c) Report.-- + ``(1) In general.--Not later than 10 days after the date of + the conclusion of the voyage of a vessel that, during such + voyage, operated under a waiver issued under this section, the + owner or operator of the vessel shall submit to the Maritime + Administrator a report that includes-- + ``(A) the name and flag of the vessel; + ``(B) the dates of the voyage; + ``(C) any relevant ports of call; and + ``(D) any other information the Maritime + Administrator determines necessary. + ``(2) Publication.--Not later than 48 hours after receiving + a report under paragraph (1), the Maritime Administrator shall + publish such report on an appropriate website of the Department + of Transportation.''. + (b) Applicability.--The amendments made by this section shall apply +with respect to waivers issued after the date of the enactment of this +Act. + +SEC. 3505. MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF PROGRAM. + + (a) In General.--Chapter 503 of title 46, United States Code, is +amended by adding at the end the following: +``Sec. 50308. Maritime transportation system emergency relief program + ``(a) Definitions.--In this section the following definitions shall +apply: + ``(1) Eligible state entity.--The term `eligible State + entity' means a port authority, or a State-owned or -operated + vessel and facilities associated with the operation of such + vessel, in any State. + ``(2) Eligible entity.--The term `eligible entity' means a + public or private entity that is created or organized in the + United States or under the laws of the United States, with + significant operations in and a majority of its employees based + in the United States, that is engaged in-- + ``(A) vessel construction, transportation by water, + or support activities for transportation by water with + an assigned North American Industry Classification + System code beginning with 3366, 483, or 4883; or + ``(B) as determined by the Secretary of + Transportation-- + ``(i) construction related to activities + described in subparagraph (A); or + ``(ii) maritime education and training. + ``(3) Eligible operating costs.--The term `eligible + operating costs' means costs relating to-- + ``(A) emergency response; + ``(B) cleaning; + ``(C) sanitization; + ``(D) janitorial services; + ``(E) staffing; + ``(F) workforce retention; + ``(G) paid leave; + ``(H) procurement and use of protective health + equipment, testing, and training for employees and + contractors; + ``(I) debt service payments; + ``(J) infrastructure repair projects; and + ``(K) other maritime transportation system + operations; + ``(4) Emergency.--The term `emergency' means a natural + disaster affecting a wide area (such as a flood, hurricane, + tidal wave, earthquake, severe storm, or landslide) or a + catastrophic failure from any external cause, that impacts the + United States maritime transportation system and as a result of + which-- + ``(A) the Governor of a State has declared an + emergency and the Maritime Administrator, in + consultation with the Administrator of the Federal + Emergency Management Administration, has concurred in + the declaration; + ``(B) the President has declared a major disaster + under section 401 of the Robert T. Stafford Disaster + Relief and Emergency Assistance Act (42 U.S.C. 5170); + ``(C) national emergency declared by the President + under the National Emergencies Act (50 U.S.C. 1601 et + seq.) is in effect; or + ``(D) a public health emergency declared pursuant + to section 319 of the Public Health Service Act (42 + U.S.C. 247d) is in effect. + ``(b) General Authority.--The Maritime Administrator may-- + ``(1) make grants to eligible State entities for eligible + operating costs; and + ``(2) make grants and enter into contracts and other + agreements with eligible entities for-- + ``(A) the costs of capital projects to protect, + repair, reconstruct, or replace equipment and + facilities of the United States maritime transportation + system that the Maritime Administrator determines is in + danger of suffering serious physical damage, or has + suffered serious physical damage, as a result of an + emergency; and + ``(B) eligible operating costs of United States + maritime transportation equipment and facilities in an + area directly affected by an emergency during-- + ``(i) the 1-year period beginning on the + date of a declaration described in subsections + (a)(4)(A) and (a)(4)(B); and + ``(ii) an additional 1-year period + beginning 1 year after the date of a + declaration described in subsections (a)(4)(A) + and (a)(4)(B), if the Maritime Administrator, + in consultation with the Administrator of the + Federal Emergency Management Administration, + determines there is a compelling need arising + out of the emergency for which the declaration + is made. + ``(c) Allocation.--The Maritime Administrator shall determine an +appropriate method for the equitable allocation and distribution of +funds under this section to eligible State entities and eligible +entities. + ``(d) Applications.--An applicant for assistance under this section +shall submit an application for such assistance to the Maritime +Administrator at such time, in such manner, and containing such +information and assurances as the Maritime Administrator may require. + ``(e) Coordination of Emergency Funds.-- + ``(1) Use of funds.--Funds appropriated to carry out this + section shall be in addition to any other funds available under + this chapter. + ``(2) No effect on other government activity.--The + provision of funds under this section shall not affect the + ability of any other agency of the Government, including the + Federal Emergency Management Agency, or a State agency, a local + governmental entity, organization, or person, to provide any + other funds otherwise authorized by law. + ``(f) Grant Requirements.--A grant awarded under this section that +is made to address an emergency defined under subsection (a)(4)(B) +shall be-- + ``(1) subject to the terms and conditions the Maritime + Administrator determines are necessary; and + ``(2) made only for expenses that are not reimbursed under + the Robert T. Stafford Disaster Relief and Emergency Assistance + Act (42 U.S.C. 5121 et seq.) or any Federal, State, or local + assistance program. + ``(g) Federal Share of Costs.--The Federal share payable of the +costs for which a grant is made under this section shall be 100 +percent. + ``(h) Administrative Costs.--Of the amounts available to carry out +this section, not more than one-half of one percent may be used for +administration of this section. + ``(i) Quality Assurance.--The Maritime Administrator shall +institute adequate policies, procedures, and internal controls to +prevent waste, fraud, abuse, and program mismanagement for the +distribution of funds under this section. + ``(j) Reports.--The Maritime Administrator shall annually report to +the Congress regarding financial assistance provided under this +section, including a description of such assistance.''. + (b) Clerical Amendment.--The analysis for such chapter is amended +by adding at the end the following: + +``50308. Port development; maritime transportation system emergency + relief program.''. + (c) Inclusion of COVID-19 Pandemic Public Health Emergency.--For +purposes of section 50308 of title 46, United States Code, as amended +by subsection (a), the public health emergency declared pursuant to +section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting +from the COVID-19 pandemic shall be treated as an emergency. + +SEC. 3506. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE + TRAINING AND EDUCATION: TECHNICAL AMENDMENTS. + + (a) Redesignation and Transfer of Section.--Section 54102 of title +46, United States Code, is redesignated as section 51706 of such title +and transferred to appear after section 51705 of such title. + (b) Clerical Amendments.--Title 46, United States Code, is +amended-- + (1) in the analysis for chapter 541, by striking the item + relating to section 54102; and + (2) in the analysis for chapter 517, by striking the item + relating to section 51705 and inserting the following: + +``51705. Training for use of force against piracy. +``51706. Center of excellence for domestic maritime workforce training + and education.''. + +SEC. 3507. MERCHANT MARINER EDUCATION LOAN PROGRAM. + + (a) In General.--Chapter 517 of title 46, United States Code, as +amended by this Act, is further amended by adding at the end the +following: +``Sec. 51707. Merchant mariner career training loan program + ``(a) Establishment.--The Secretary of Transportation shall +establish the Elijah E. Cummings Merchant Mariner Career Training Loan +Program (in this section referred to as the `program') in accordance +with the requirements of this section. + ``(b) Purpose.--The purpose of the program shall be to make +merchant mariner career training loans available to eligible students +to provide for the training of United States merchant mariners, +including those working to receive a Standards of Training, +Certification and Watchkeeping endorsement under subchapter B of +chapter I of title 46, Code of Federal Regulations. + ``(c) Administration.--The program shall be carried out by the +Secretary, acting through the Administrator of the Maritime +Administration. + ``(d) Duties.--The Secretary shall-- + ``(1) allocate, on an annual basis, the award of loans + under the program based on the needs of students; + ``(2) develop an application process and eligibility + criteria for the award of loans under the program; + ``(3) approve applications for loans under the program + based on the eligibility criteria and allocations made under + paragraph (1); and + ``(4) designate maritime training institutions at which + loans made under the program may be used. + ``(e) Designation of Maritime Training Institutions.-- + ``(1) In general.--In designating maritime training + institutions under subsection (d)(4), the Secretary-- + ``(A) may include Federal, State, and commercial + training institutions and nonprofit training + organizations, including centers of excellence + designated under section 51706; + ``(B) shall designate institutions based on + geographic diversity and scope of classes offered; + ``(C) shall ensure that designated institutions + have the ability to administer the program; and + ``(D) shall ensure that designated institutions + meet requirements to provide training instruction for + appropriate Coast Guard-approved training instruction. + ``(2) Exclusions.--The Secretary-- + ``(A) may exclude from participation in the program + a maritime training institution that has had severe + performance deficiencies, including deficiencies + demonstrated by audits or program reviews conducted + during the 5 calendar years immediately preceding the + present year; + ``(B) shall exclude from participation in the + program a maritime training institution that has + delinquent or outstanding debts to the United States, + unless such debts are being repaid under or in + accordance with a repayment arrangement satisfactory to + the United States, or the Secretary in the Secretary's + discretion determines that the existence or amount of + any such debts has not been finally determined by the + appropriate Federal agency; + ``(C) may exclude from participation in the program + a maritime training institution that has failed to + comply with quality standards established by the + Department of Labor, the Coast Guard, or a State; and + ``(D) may establish such other criteria as the + Secretary determines will protect the financial + interest of the United States and promote the purposes + of this section. + ``(f) State Maritime Academies.-- + ``(1) Use of funds for loans to students attending state + maritime academies.--The Secretary may obligate not more than + 50 percent of the amounts appropriated to carry out this + section for a fiscal year for loans to undergraduate students + attending State maritime academies receiving assistance under + chapter 515 of this title. + ``(2) Academic standards for students.--Students at State + maritime academies receiving loans under the program shall + maintain satisfactory progress toward the completion of their + course of study as evidenced by the maintenance of a cumulative + C average, or its equivalent, or academic standing consistent + with the requirements for graduation, as determined by the + institution. + ``(g) Loan Amounts and Use.-- + ``(1) Maximum amounts.-- + ``(A) In general.--The Secretary may not make loans + to a student under the program in an amount that + exceeds $30,000 in a calendar year or $120,000 in the + aggregate. + ``(B) Adjustment for inflation.--The Secretary + shall, every 5 years for the life of a loan under the + program, adjust the maximum amounts described in + subparagraph (A) in accordance with any change in the + Consumer Price Index for All Urban Consumers published + by the Bureau of Labor Statistics of the Department of + Labor that occurs since the previous adjustment. + ``(2) Use of loan proceeds.--A student who receives a loan + under the program may use the proceeds of the loan only for + postsecondary expenses incurred at an institution designated by + the Secretary under subsection (d)(4) for books, tuition, + required fees, travel to and from training facilities, and room + and board. + ``(h) Student Eligibility.-- + ``(1) In general.--Subject to paragraph (2), to be eligible + to receive a loan under the program, a student shall-- + ``(A) be eligible to hold a license or merchant + mariner document issued by the Coast Guard; + ``(B) provide to the Secretary such information as + the Secretary may require, including all current Coast + Guard documents, certifications, proof of United States + citizenship or permanent legal status, and a statement + of intent to enter a maritime career; + ``(C) meet the enrollment requirements of a + maritime training institution designated by the + Secretary under subsection (d)(4); and + ``(D) sign an agreement to-- + ``(i) complete a course of instruction at + such a maritime training institution; and + ``(ii) maintain a license or document and + work under the authority of the license or + document and any associated endorsements for at + least 18 months following the date of + graduation from the maritime program for which + the loan proceeds will be used. + ``(2) Limitation.--An undergraduate student at the United + States Merchant Marine Academy shall not be eligible for a loan + under the program. + ``(i) Administration of Loans.-- + ``(1) Contents of loan agreements.--Any agreement between + the Secretary and a student borrower for a loan under the + program shall-- + ``(A) be evidenced by a note or other written + instrument that provides for the repayment of the + principal amount of the loan and any origination fee, + together with interest thereon, in equal installments + (or, if the student borrower so requests, in graduated + periodic installments determined in accordance with + such schedules as may be approved by the Secretary) + payable quarterly, bimonthly, or monthly, at the option + of the student borrower, over a period beginning 9 + months from the date on which the student borrower + completes study or discontinues attendance at the + maritime program for which the loans are used at the + institution approved by the Secretary and not exceeding + 10 years; + ``(B) include provision for acceleration of + repayment of the whole, or any part, of such loan, at + the option of the student borrower; + ``(C) provide the loan without security and without + endorsement; + ``(D) provide that the liability to repay the loan + shall be canceled upon the death of the student + borrower, or if the student borrower becomes + permanently and totally disabled, as determined in + accordance with regulations to be issued by the + Secretary; + ``(E) contain a notice of the system of disclosure + of information concerning default on such loan to + credit bureau organizations; and + ``(F) include provisions for deferral of repayment, + as determined by the Secretary. + ``(2) Rate of interest.--A student borrower who receives a + loan under the program shall be obligated to repay the loan + amount to the Secretary, together with interest beginning in + the period referred to in paragraph (1)(A), at a rate of + interest determined by the Secretary, in consultation with the + Secretary of Education, in accordance with section 455 of the + Higher Education Act of 1965 (20 U.S.C. 1087e). + ``(3) Disclosure required prior to disbursement.-- + ``(A) In general.--The Secretary shall at or prior + to the time the Secretary makes a loan to a student + borrower under the program, provide thorough and + adequate loan information on such loan to the student + borrower. The disclosures required by this paragraph + may be made as part of the written application material + provided to the student borrower, as part of the + promissory note evidencing the loan, or on a separate + written form provided to the student borrower. + ``(B) Contents.--The disclosures shall include-- + ``(i) the address to which communications + and payments should be sent; + ``(ii) the principal amount of the loan; + ``(iii) the amount of any charges collected + at or prior to the disbursal of the loan and + whether such charges are to be deducted from + the proceeds of the loan or paid separately by + the student borrower; + ``(iv) the stated interest rate on the + loan; + ``(v) the yearly and cumulative maximum + amounts that may be borrowed; + ``(vi) an explanation of when repayment of + the loan will be required and when the student + borrower will be obligated to pay interest that + accrues on the loan; + ``(vii) a statement as to the minimum and + maximum repayment term that the Secretary may + impose, and the minimum monthly payment + required by law and a description of any + penalty imposed as a consequence of default, + such as liability for expenses reasonably + incurred in attempts by the Secretary to + collect on a loan; + ``(viii) a statement of the total + cumulative balance, including the loan applied + for, owed by the student borrower to the + Secretary, and an estimate of the projected + monthly payment, given such cumulative balance; + ``(ix) an explanation of any special + options the student borrower may have for loan + consolidation or other refinancing of the loan; + ``(x) a statement that the student borrower + has the right to prepay all or part of the + loan, at any time, without penalty; + ``(xi) a statement summarizing + circumstances in which repayment of the loan or + interest that accrues on the loan may be + deferred, and a brief notice of the program for + repayment of loans, on the basis of military + service, pursuant to the Department of Defense + educational loan repayment program (10 U.S.C. + 16302); + ``(xii) a definition of default and the + consequences to the student borrower if the + student borrower defaults, together with a + statement that the disbursement of, and the + default on, a loan under this part shall be + reported to a credit bureau or credit reporting + agency; + ``(xiii) to the extent practicable, the + effect of accepting the loan on the eligibility + of the student borrower for other forms of + student assistance; and + ``(xiv) an explanation of any cost the + student borrower may incur in the making or + collection of the loan. + ``(C) Information to be provided without cost.--The + information provided under this paragraph shall be + available to the Secretary without cost to the student + borrower. + ``(4) Repayment after default.--The Secretary may require + any student borrower who has defaulted on a loan made under the + program to-- + ``(A) pay all reasonable collection costs + associated with such loan; and + ``(B) repay the loan pursuant to an income + contingent repayment plan. + ``(5) Authorization to reduce rates and fees.-- + Notwithstanding any other provision of this section, the + Secretary may prescribe by regulation any reductions in the + interest rate or origination fee paid by a student borrower of + a loan made under the program as the Secretary determines + appropriate to encourage ontime repayment of the loan. Such + reductions may be offered only if the Secretary determines the + reductions are cost neutral and in the best financial interest + of the United States. + ``(6) Collection of repayments.--The Secretary shall + collect repayments made under the program and exercise due + diligence in such collection, including maintenance of all + necessary records to ensure that maximum repayments are made. + Collection and servicing of repayments under the program shall + be pursued to the full extent of the law, including wage + garnishment if necessary. The Secretary of the Department in + which the Coast Guard is operating shall provide the Secretary + of Transportation with any information regarding a merchant + mariner that may aid in the collection of repayments under this + section. + ``(7) Repayment schedule.--A student borrower who receives + a loan under the program shall repay the loan quarterly, + bimonthly, or monthly, at the option of the student borrower, + over a period beginning 9 months from the date the student + borrower completes study or discontinues attendance at the + maritime program for which the loan proceeds are used and + ending not more than 10 years after the date repayment begins. + Provisions for deferral of repayment shall be determined by the + Secretary. + ``(8) Contracts for servicing and collection of loans.--The + Secretary may-- + ``(A) enter into a contract or other arrangement + with State or nonprofit agencies and, on a competitive + basis, with collection agencies for servicing and + collection of loans under this section; and + ``(B) conduct litigation necessary to carry out + this section. + ``(j) Revolving Loan Fund.-- + ``(1) Establishment.--The Secretary shall establish a + revolving loan fund consisting of amounts deposited in the fund + under paragraph (2). + ``(2) Deposits.--The Secretary shall deposit in the fund-- + ``(A) receipts from the payment of principal and + interest on loans made under the program; and + ``(B) any other monies paid to the Secretary by or + on behalf of individuals under the program. + ``(3) Availability of amounts.--Subject to the availability + of appropriations, amounts in the fund shall be available to + the Secretary-- + ``(A) to cover the administrative costs of the + program, including the maintenance of records and + making collections under this section; and + ``(B) to the extent that amounts remain available + after paying such administrative costs, to make loans + under the program. + ``(4) Maintenance of records.--The Secretary shall maintain + accurate records of the administrative costs referred to in + paragraph (3)(A). + ``(k) Annual Report.--The Secretary, on an annual basis, shall +submit to the Committee on Transportation and Infrastructure of the +House of Representatives and the Committee on Commerce, Science, and +Transportation of the Senate a report on the program, including-- + ``(1) the total amount of loans made under the program in + the preceding year; + ``(2) the number of students receiving loans under the + program in the preceding year; and + ``(3) the total amount of loans made under program that are + in default as of the date of the report. + ``(l) Authorization of Appropriations.--There are authorized to be +appropriated for each of fiscal years 2021 through 2026-- + ``(1) $10,000,000 for making loans under the program; and + ``(2) $1,000,000 for administrative expenses of the + Secretary in carrying out the program. +``Sec. 51708. Merchant mariner recruitment, training, and retention + grant program + ``(a) Strategic Plan.-- + ``(1) In general.--Not later than 1 year after the date of + enactment of this section, and at least once every 3 years + thereafter, the Secretary of Transportation, acting through the + Administrator of the Maritime Administration, shall publish in + the Federal Register a plan to recruit, train, and retain + merchant mariners for the 5-year period following the date of + publication of the most recently published plan under this + paragraph. + ``(2) Contents.--A plan published under paragraph (1) shall + contain-- + ``(A) a strategy to address merchant mariner + recruitment, training, and retention issues in the + United States; and + ``(B) demonstration and research priorities + concerning merchant mariner recruitment, training, and + retention. + ``(3) Factors.--In developing a plan under paragraph (1), + the Secretary shall take into account, at a minimum-- + ``(A) the availability of existing research (as of + the date of publication of the plan); and + ``(B) the need to ensure results that have broad + applicability. + ``(4) Consultation.--In developing a plan under paragraph + (1), the Secretary shall consult with representatives of the + maritime industry, labor organizations, including the Commander + of the Transportation Command and the Commander of the Military + Sealift Command, and other governmental entities and persons + with an interest in the maritime industry. + ``(5) Transmittal to congress.--The Secretary shall + transmit copies of a plan published under paragraph (1) to the + Committee on Transportation and Infrastructure of the House of + Representatives and the Committee on Commerce, Science, and + Transportation of the Senate. + ``(b) Demonstration and Research Projects.-- + ``(1) In general.--The Secretary may award grants to, or + enter into contracts or cooperative agreements with, a maritime + training institutions designated under section 51607(e) or a + consortium such institutions, to carry out demonstration and + research projects that implement the priorities identified in + the plan prepared under subsection (a)(1), for the purpose of + recruiting, training, or retaining United States merchant + mariners. + ``(2) Competitive awards.--Grants shall be awarded. and + contracts and cooperative agreements shall be entered into, + under this subsection on a competitive basis under guidelines + and requirements to be established by the Secretary. + ``(3) Applications.--To be eligible to receive a grant or + enter into a contract or cooperative agreement under this + section for a project under this subsection, a maritime + training institution shall submit to the Secretary a proposal + that includes, at a minimum-- + ``(A) a description of the project; and + ``(B) a method for evaluating the effectiveness of + the project. + ``(4) Eligible projects.--Projects eligible for grants, + contracts, and cooperative agreements under this subsection-- + ``(A) shall carry out the demonstration and + research priorities included in the plan published + under subsection (a)(1); and + ``(B) may-- + ``(i) provide training to upgrade the + skills of United States merchant mariners, + including training to acquire a Standards of + Training, Certification and Watchkeeping + endorsement under subchapter B of chapter I of + title 46, Code of Federal Regulations; + ``(ii) promote the use of distance learning + that enables students to take courses through + the use of teleconferencing, the Internet, and + other media technology; + ``(iii) assist in providing services to + address merchant mariner recruitment and + training of youth residing in targeted high + poverty areas within empowerment zones and + enterprise communities; + ``(iv) implement partnerships with national + and regional organizations with special + expertise in developing, organizing, and + administering merchant mariner recruitment and + training services; + ``(v) design, develop, and test an array of + approaches to providing recruitment, training, + or retention services, including to one or more + targeted populations; + ``(vi) in conjunction with employers, + organized labor, other groups (such as + community coalitions), and Federal, State, or + local agencies, design, develop, and test + various training approaches in order to + determine effective practices; or + ``(vii) assist in the development and + replication of effective service delivery + strategies for the national maritime industry + as a whole. +``Sec. 51709. Authorization of appropriations + ``There are authorized to be appropriated for each of fiscal years +2021 through 2026-- + ``(1) $10,000,000 for making grants and entering into + cooperative agreements under sections 51707 and 51708; and + ``(2) $1,000,000 for administrative expenses of the + Secretary in carrying out such sections.''. + (b) Conforming Amendment.--The analysis for such chapter is amended +by adding at the end the following: + +``51707. Merchant mariner career training loan program. +``51708. Merchant mariner recruitment, training, and retention program. +``51709. Authorization of appropriations.''. + +SEC. 3508. ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND TERMINALS. + + Section 50302 of title 46, United States Code, is amended-- + (1) in subsection (c)-- + (A) in paragraph (2)-- + (i) by inserting ``and subsection (d)'' + after ``this subsection''; and + (ii) by adding at the end the following: + ``(H) In the case of a small project funded under + subsection (d), a private entity or group of + entities.''; + (B) in paragraph (6) by striking subparagraph (C); + (C) in paragraph (7)(B) by striking ``paragraph + (3)(A)'' and inserting ``subsection (d)''; + (D) in paragraph (8)(B)-- + (i) in clause (i) by striking ``under this + subsection'' and inserting ``under this + subsection and subsection (d)''; and + (ii) in clause (ii) by inserting ``under + subsection (d) or'' after ``project''; and + (E) in paragraph (11) by-- + (i) striking ``under this subsection'' and + inserting ``under this subsection and + subsection (d)'' each place such phrase + appears; and + (ii) striking ``fiscal year.'' and + inserting ``fiscal year, and shall be awarded + as grants under the subsection for which the + original grant was made.''; + (2) by redesignating subsection (d) as subsection (e); + (3) by inserting after subsection (c) the following: + ``(d) Assistance for Inland and Small Coastal Ports and +Terminals.-- + ``(1) In general.--Of amounts reserved under subsection + (c)(7)(B), the Secretary, acting through the Administrator of + the Maritime Administration, shall make grants under this + subsection-- + ``(A) to the owners or operators of a facility at a + port, as such term is defined in subsection (c), to and + from which the average annual tonnage of cargo for the + immediately preceding 3 calendar years from the time an + application is submitted is less than 8,000,000 short + tons as determined using Corps of Engineers data; and + ``(B) for infrastructure improvements, equipment + purchases, and capital investments at such a facility, + including piers, wharves, docks, terminals, and similar + structures used principally for the movement of goods, + including areas of land, water, or areas in proximity + to such structure that are necessary for the movement + of goods. + ``(2) Awards.--In providing assistance under this + subsection, the Secretary shall-- + ``(A) take into account-- + ``(i) the economic advantage and the + contribution to freight transportation at an + eligible facility; and + ``(ii) the competitive disadvantage of an + eligible facility; + ``(B) not make more than 1 award per applicant for + each fiscal year appropriation; and + ``(C) promote the enhancement and efficiencies of + an eligible facility. + ``(3) Use of funds.-- + ``(A) In general.--Assistance provided under this + subsection may be used to-- + ``(i) make capital improvements; + ``(ii) construct, improve, repair, or + maintain transportation or physical + infrastructure, buildings, equipment, or + facility security; + ``(iii) perform planning activities related + to carrying out an activity described in clause + (i); and + ``(iv) otherwise fulfill the purposes for + which such assistance is provided. + ``(B) Acquisition methods.--The Secretary may not + require as a condition of issuing a grant under this + subsection-- + ``(i) direct ownership of either a facility + or equipment to be procured using funds awarded + under this subsection; or + ``(ii) that equipment procured using such + funds be new. + ``(4) Prohibited uses.--Funds provided under this + subsection may not be used for-- + ``(A) projects conducted on property lying outside + port or terminal boundaries and not owned or leased by + the applicant; + ``(B) any single grant award more than 10 percent + of total allocation of funds to carry out this + subsection per fiscal year appropriation; or + ``(C) activities, including channel improvements or + harbor deepening, authorized, as of the date of the + application for assistance under this subsection, to be + carried out by of the Corps of Engineers. + ``(5) Matching requirements.-- + ``(A) In general.--The Secretary may not provide + assistance under this subsection unless the Secretary + determines that sufficient funding is available to meet + the matching requirements of subsection (c)(8). Any + costs of the project to be paid by the recipient's + matching share may be incurred prior to the date on + which assistance is provided. + ``(B) Inclusions.--For the purpose of making the + determination under subparagraph (A), funding may + include a loan agreement, a commitment from investors, + cash on balance sheet, or other contributions + determined acceptable by the Secretary. + ``(6) Application and award.-- + ``(A) Minimum standards for payment or + reimbursement.--Each application submitted shall + include a comprehensive description of-- + ``(i) the project; + ``(ii) the need for the project; + ``(iii) the methodology for implementing + the project; and + ``(iv) documentation of matching funds as + described in paragraph (5). + ``(B) Demonstration of effectiveness.--In + determining whether a project will achieve the purposes + for which such assistance is requested under this + subsection, the Secretary shall accept documentation + used to obtain a commitment of the matching funds + described in paragraph (5), including feasibility + studies, business plans, investor prospectuses, loan + applications, or similar documentation. + ``(C) Project approval required.--The Secretary may + not award a grant under this subsection unless the + Secretary determines that the-- + ``(i) project will be completed without + unreasonable delay; and + ``(ii) recipient has authority to carry out + the proposed project. + ``(7) Procedural safeguards, audits, and examinations.-- + ``(A) Procedural safeguards.--The Administrator + shall issue guidelines to establish appropriate + accounting, reporting, and review procedures to ensure + that-- + ``(i) assistance provided under this + subsection is used for the purposes for which + such assistance made available; and + ``(ii) grantees have properly accounted for + all expenditures of grant funds. + ``(B) Audits and examinations.--All grantees under + this subsection shall maintain such records as the + Administrator may require and make such records + available for review and audit by the Administrator. + ``(8) Limitation.--Not more than 10 percent of the funds + made available under subsection (c)(7)(B) may be used to the + planning and design of eligible projects described in paragraph + (3)(A)(iii). + ``(9) Definition of project.--In this subsection, the term + `project' has the meaning given such term in subsection (c).''. + +SEC. 3509. NATIONAL SHIPPER ADVISORY COMMITTEE. + + (a) In General.--Part B of subtitle IV of title 46, United States +Code, is amended by adding at the end the following: + + ``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE + +``Sec. +``42501. Definitions. +``42502. National Shipper Advisory Committee. +``42503. Administration. +``Sec. 42501. Definitions + ``In this chapter: + ``(1) Commission.--The term `Commission' means the Federal + Maritime Commission. + ``(2) Committee.--The term `Committee' means the National + Shipper Advisory Committee established by section 42502. +``Sec. 42502. National Shipper Advisory Committee + ``(a) Establishment.--There is established a National Shipper +Advisory Committee. + ``(b) Function.--The Committee shall advise the Federal Maritime +Commission on policies relating to the competitiveness, reliability, +integrity, and fairness of the international ocean freight delivery +system. + ``(c) Membership.-- + ``(1) In general.--The Committee shall consist of 24 + members appointed by the Commission in accordance with this + section. + ``(2) Expertise.--Each member of the Committee shall have + particular expertise, knowledge, and experience in matters + relating to the function of the Committee. + ``(3) Representation.--Members of the Committee shall be + appointed as follows: + ``(A) Twelve members shall represent entities who + import cargo to the United States using ocean common + carriers. + ``(B) Twelve members shall represent entities who + export cargo from the United States using ocean common + carriers. +``Sec. 42503. Administration + ``(a) Meetings.--The Committee shall, not less than once each year, +meet at the call of the Commission or a majority of the members of the +Committee. + ``(b) Employee Status.--A member of the Committee shall not be +considered an employee of the Federal Government by reason of service +on such Committee, except for the purposes of the following: + ``(1) Chapter 81 of title 5. + ``(2) Chapter 171 of title 28 and any other Federal law + relating to tort liability. + ``(c) Acceptance of Volunteer Services.--Notwithstanding any other +provision of law, a member of the Committee may serve on such committee +on a voluntary basis without pay. + ``(d) Status of Members.-- + ``(1) In general.--Except as provided in paragraph (2), + with respect to a member of the Committee whom the Commission + appoints to represent an entity or group-- + ``(A) the member is authorized to represent the + interests of the applicable entity or group; and + ``(B) requirements under Federal law that would + interfere with such representation and that apply to a + special Government employee (as defined in section + 202(a) of title 18), including requirements relating to + employee conduct, political activities, ethics, + conflicts of interest, and corruption, do not apply to + the member. + ``(2) Exception.--Notwithstanding subsection (b), a member + of the Committee shall be treated as a special Government + employee for purposes of the committee service of the member if + the member, without regard to service on the Committee, is a + special Government employee. + ``(e) Service on Committee.-- + ``(1) Solicitation of nominations.--Before appointing an + individual as a member of the Committee, the Commission shall + publish a timely notice in the Federal Register soliciting + nominations for membership on such Committee. + ``(2) Appointments.-- + ``(A) In general.--After considering nominations + received pursuant to a notice published under paragraph + (1), the Commission may appoint a member to the + Committee. + ``(B) Prohibition.--The Commission shall not seek, + consider, or otherwise use information concerning the + political affiliation of a nominee in making an + appointment to the Committee. + ``(3) Service at pleasure of the commission.--Each member + of the Committee shall serve at the pleasure of the Commission. + ``(4) Security background examinations.--The Commission may + require an individual to have passed an appropriate security + background examination before appointment to the Committee. + ``(5) Prohibition.--A Federal employee may not be appointed + as a member of the Committee. + ``(6) Terms.-- + ``(A) In general.--The term of each member of the + Committee shall expire on December 31 of the third full + year after the effective date of the appointment. + ``(B) Continued service after term.--When the term + of a member of the Committee ends, the member, for a + period not to exceed 1 year, may continue to serve as a + member until a successor is appointed. + ``(7) Vacancies.--A vacancy on the Committee shall be + filled in the same manner as the original appointment. + ``(8) Special rule for reappointments.--Notwithstanding + paragraphs (1) and (2), the Commission may reappoint a member + of a committee for any term, other than the first term of the + member, without soliciting, receiving, or considering + nominations for such appointment. + ``(f) Staff Services.--The Commission shall furnish to the +Committee any staff and services considered by the Commission to be +necessary for the conduct of the Committee's functions. + ``(g) Chair; Vice Chair.-- + ``(1) In general.--The Committee shall elect a Chair and + Vice Chair from among the committee's members. + ``(2) Vice chairman acting as chairman.--The Vice Chair + shall act as Chair in the absence or incapacity of, or in the + event of a vacancy in the office of, the Chair. + ``(h) Subcommittees and Working Groups.-- + ``(1) In general.--The Chair of the Committee may establish + and disestablish subcommittees and working groups for any + purpose consistent with the function of the Committee. + ``(2) Participants.--Subject to conditions imposed by the + Chair, members of the Committee may be assigned to + subcommittees and working groups established under paragraph + (1). + ``(i) Consultation, Advice, Reports, and Recommendations.-- + ``(1) Consultation.--Before taking any significant action, + the Commission shall consult with, and consider the + information, advice, and recommendations of, the Committee if + the function of the Committee is to advise the Commission on + matters related to the significant action. + ``(2) Advice, reports, and recommendations.--The Committee + shall submit, in writing, to the Commission its advice, + reports, and recommendations, in a form and at a frequency + determined appropriate by the Committee. + ``(3) Explanation of actions taken.--Not later than 60 days + after the date on which the Commission receives recommendations + from the Committee under paragraph (2), the Commission shall-- + ``(A) publish the recommendations on a public + website; and + ``(B) respond, in writing, to the Committee + regarding the recommendations, including by providing + an explanation of actions taken regarding the + recommendations. + ``(4) Submission to congress.--The Commission shall submit + to the Committee on Transportation and Infrastructure of the + House of Representatives and the Committee on Commerce, + Science, and Transportation of the Senate the advice, reports, + and recommendations received from the Committee under paragraph + (2). + ``(j) Observers.--The Commission may designate a representative +to-- + ``(1) attend any meeting of the Committee; and + ``(2) participate as an observer at such meeting. + ``(k) Termination.--The Committee shall terminate on September 30, +2029.''. + (b) Clerical Amendment.--The analysis for subtitle IV of title 46, +United States Code, is amended by inserting after the item related to +chapter 423 the following: + +``425. National Shipper Advisory Committee.................. 42501''. + +SEC. 3510. SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER SECURITY + FLEET VESSELS. + + Section 51307 of title 46, United States Code, is amended by +striking subsection (b) and inserting the following: + ``(b) Sea Year Cadets on Cable Security Fleet and Tanker Security +Fleet Vessels.--The Secretary shall require an operator of a vessel +participating in the Maritime Security Program under chapter 531 of +this title, the Cable Security Fleet under chapter 532 of this title, +or the Tanker Security Fleet under chapter 534 of this title to carry +on each Maritime Security Program vessel, Cable Security Fleet vessel, +or Tanker Security Fleet vessel 2 United States Merchant Marine Academy +cadets, if available, on each voyage.''. + +SEC. 3510A. SUPERINTENDENT OF THE UNITED STATES MERCHANT MARINE + ACADEMY. + + Section 51301(c) of title 46, United States Code, is amended-- + (1) by redesignating paragraphs (1) through (3) as + paragraphs (2) through (4), respectively; + (2) by inserting before paragraph (2), as so redesignated, + the following: + ``(1) Sense of congress.--It is the sense of Congress that, + due to the unique mission of the United States Merchant Marine + Academy, it is highly desirable that the Superintendent of the + Academy be a graduate of the Academy in good standing and have + attained an unlimited merchant marine officer's license.''; and + (3) in paragraph (3), as so redesignated-- + (A) in subparagraph (A)(i), by inserting after + ``attained'' the following ``the rank of Captain, Chief + Mate, or Chief Engineer in the merchant marine of the + United States, or''; and + (B) in subparagraphs (B)(i)(I) and (C)(i), by + inserting ``merchant marine,'' before ``Navy,''. + +SEC. 3510B. MARITIME ACADEMY INFORMATION. + + Not later than 1 year after the date of enactment of this title, +the Maritime Administrator shall make available on a public website +data, as available, on the following: + (1) The number of graduates from the United States Merchant + Marine Academy and each State Maritime Academy for the previous + 5 years. + (2) The number of graduates from the United States Merchant + Marine Academy and each State Maritime Academy for the previous + 5 years who have become employed in, or whose status qualifies + under, each of the following categories: + (A) Maritime Afloat. + (B) Maritime Ashore. + (C) Armed Forces of the United States. + (D) Non-maritime. + (E) Graduate studies. + (F) Unknown. + (3) The number of students at each State Maritime Academy + class receiving or who have received for the previous 5 years + funds under the student incentive payment program under section + 51509 of title 46, United States Code. + (4) The number of students described under paragraph (3) + who used partial student incentive payments who graduated + without an obligation under the program. + (5) The number of students described under paragraph (3) + who graduated with an obligation under the program. + +SEC. 3510C. MARINER LICENSING AND CREDENTIALING. + + (a) In General.--Except as provided in subsection (b) and subject +to subsection (c), for purposes of licensing and credentialing of +mariners, the Secretary of Homeland Security shall prescribe a tonnage +measurement as a small passenger vessel, as defined in section 2101 of +title 46, United States Code, for the M/V LISERON (United States +official number 971339) for purposes of applying the optional +regulatory measurement under section 14305 and under chapter 145 of +that title. + (b) Exception.--Subsection (a) shall not apply with respect to the +vessel referred to in such subsection if the length of the vessel +exceeds its length on the date of enactment of this Act. + (c) Restrictions.--The vessel referred to in subsection (a) is +subject to the following restrictions: + (1) The vessel may not operate outside the inland waters of + the United States, as established under section 151 of title + 33, United States Code, when carrying passengers for hire and + operating under subsection (a). + (2) The Secretary may issue a restricted credential as + appropriate for a licensed individual employed to serve on such + vessel under prescribed regulations. + +SEC. 3510D. NATIONAL SHIPPER ADVISORY COMMITTEE. + + (a) In General.--Part B of subtitle IV of title 46, United States +Code, is amended by adding at the end the following: + + ``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE + +``Sec. +``42501. Definitions. +``42502. National Shipper Advisory Committee. +``42503. Administration. +``Sec. 42501. Definitions + ``In this chapter: + ``(1) Commission.--The term `Commission' means the Federal + Maritime Commission. + ``(2) Committee.--The term `Committee' means the National + Shipper Advisory Committee established by section 42502. +``Sec. 42502. National Shipper Advisory Committee + ``(a) Establishment.--There is established a National Shipper +Advisory Committee. + ``(b) Function.--The Committee shall advise the Federal Maritime +Commission on policies relating to the competitiveness, reliability, +integrity, and fairness of the international ocean freight delivery +system. + ``(c) Membership.-- + ``(1) In general.--The Committee shall consist of 24 + members appointed by the Commission in accordance with this + section. + ``(2) Expertise.--Each member of the Committee shall have + particular expertise, knowledge, and experience in matters + relating to the function of the Committee. + ``(3) Representation.--Members of the Committee shall be + appointed as follows: + ``(A) Twelve members shall represent entities who + import cargo to the United States using ocean common + carriers. + ``(B) Twelve members shall represent entities who + export cargo from the United States using ocean common + carriers. +``Sec. 42503. Administration + ``(a) Meetings.--The Committee shall, not less than once each year, +meet at the call of the Commission or a majority of the members of the +Committee. + ``(b) Employee Status.--A member of the Committee shall not be +considered an employee of the Federal Government by reason of service +on such Committee, except for the purposes of the following: + ``(1) Chapter 81 of title 5. + ``(2) Chapter 171 of title 28 and any other Federal law + relating to tort liability. + ``(c) Acceptance of Volunteer Services.--Notwithstanding any other +provision of law, a member of the Committee may serve on such committee +on a voluntary basis without pay. + ``(d) Status of Members.-- + ``(1) In general.--Except as provided in paragraph (2), + with respect to a member of the Committee whom the Commission + appoints to represent an entity or group-- + ``(A) the member is authorized to represent the + interests of the applicable entity or group; and + ``(B) requirements under Federal law that would + interfere with such representation and that apply to a + special Government employee (as defined in section + 202(a) of title 18), including requirements relating to + employee conduct, political activities, ethics, + conflicts of interest, and corruption, do not apply to + the member. + ``(2) Exception.--Notwithstanding subsection (b), a member + of the Committee shall be treated as a special Government + employee for purposes of the committee service of the member if + the member, without regard to service on the Committee, is a + special Government employee. + ``(e) Service on Committee.-- + ``(1) Solicitation of nominations.--Before appointing an + individual as a member of the Committee, the Commission shall + publish a timely notice in the Federal Register soliciting + nominations for membership on such Committee. + ``(2) Appointments.-- + ``(A) In general.--After considering nominations + received pursuant to a notice published under paragraph + (1), the Commission may appoint a member to the + Committee. + ``(B) Prohibition.--The Commission shall not seek, + consider, or otherwise use information concerning the + political affiliation of a nominee in making an + appointment to the Committee. + ``(3) Service at pleasure of the commission.--Each member + of the Committee shall serve at the pleasure of the Commission. + ``(4) Security background examinations.--The Commission may + require an individual to have passed an appropriate security + background examination before appointment to the Committee. + ``(5) Prohibition.--A Federal employee may not be appointed + as a member of the Committee. + ``(6) Terms.-- + ``(A) In general.--The term of each member of the + Committee shall expire on December 31 of the third full + year after the effective date of the appointment. + ``(B) Continued service after term.--When the term + of a member of the Committee ends, the member, for a + period not to exceed 1 year, may continue to serve as a + member until a successor is appointed. + ``(7) Vacancies.--A vacancy on the Committee shall be + filled in the same manner as the original appointment. + ``(8) Special rule for reappointments.--Notwithstanding + paragraphs (1) and (2), the Commission may reappoint a member + of a committee for any term, other than the first term of the + member, without soliciting, receiving, or considering + nominations for such appointment. + ``(f) Staff Services.--The Commission shall furnish to the +Committee any staff and services considered by the Commission to be +necessary for the conduct of the Committee's functions. + ``(g) Chair; Vice Chair.-- + ``(1) In general.--The Committee shall elect a Chair and + Vice Chair from among the committee's members. + ``(2) Vice chairman acting as chairman.--The Vice Chair + shall act as Chair in the absence or incapacity of, or in the + event of a vacancy in the office of, the Chair. + ``(h) Subcommittees and Working Groups.-- + ``(1) In general.--The Chair of the Committee may establish + and disestablish subcommittees and working groups for any + purpose consistent with the function of the Committee. + ``(2) Participants.--Subject to conditions imposed by the + Chair, members of the Committee may be assigned to + subcommittees and working groups established under paragraph + (1). + ``(i) Consultation, Advice, Reports, and Recommendations.-- + ``(1) Consultation.--Before taking any significant action, + the Commission shall consult with, and consider the + information, advice, and recommendations of, the Committee if + the function of the Committee is to advise the Commission on + matters related to the significant action. + ``(2) Advice, reports, and recommendations.--The Committee + shall submit, in writing, to the Commission its advice, + reports, and recommendations, in a form and at a frequency + determined appropriate by the Committee. + ``(3) Explanation of actions taken.--Not later than 60 days + after the date on which the Commission receives recommendations + from the Committee under paragraph (2), the Commission shall-- + ``(A) publish the recommendations on a public + website; and + ``(B) respond, in writing, to the Committee + regarding the recommendations, including by providing + an explanation of actions taken regarding the + recommendations. + ``(4) Submission to congress.--The Commission shall submit + to the Committee on Transportation and Infrastructure of the + House of Representatives and the Committee on Commerce, + Science, and Transportation of the Senate the advice, reports, + and recommendations received from the Committee under paragraph + (2). + ``(j) Observers.--The Commission may designate a representative +to-- + ``(1) attend any meeting of the Committee; and + ``(2) participate as an observer at such meeting. + ``(k) Termination.--The Committee shall terminate on September 30, +2029.''. + (b) Clerical Amendment.--The analysis for subtitle IV of title 46, +United States Code, is amended by inserting after the item related to +chapter 423 the following: + +``425. National Shipper Advisory Committee.................. 42501''. + + Subtitle B--Tanker Security Fleet + +SEC. 3511. TANKER SECURITY FLEET. + + (a) In General.--Part C of subtitle V of title 46, United States +Code, is amended by inserting after chapter 531 the following new +chapter: + + ``CHAPTER 532--TANKER SECURITY FLEET + +``53201. Definitions. +``53202. Establishment of the Tanker Security Fleet. +``53203. Vessel standards. +``53204. Award of operating agreements. +``53205. Effectiveness of operating agreements. +``53206. Obligations and rights under operating agreements. +``53207. Payments. +``53208. National security requirements. +``53209. Regulatory relief. +``53210. Special rule regarding age of participating Fleet vessels. +``53211. Regulations. +``53212. Authorization of appropriations. +``53213. Acquisition of Fleet vessels. +``Sec. 53201. Definitions + ``In this chapter: + ``(1) Foreign commerce.--The term `foreign commerce' + means-- + ``(A) commerce or trade between the United States, + its territories or possessions, or the District of + Columbia, and a foreign country; and + ``(B) commerce or trade between foreign countries + including trade between foreign ports in accordance + with normal commercial bulk shipping practices in such + a manner as will permit vessels of the United States + freely to compete with foreign-flag liquid bulk + carrying vessels in their operation or in competing + charters, subject to rules and regulations promulgated + by the Secretary of Transportation pursuant to this + chapter or subtitle. + ``(2) Participating fleet vessel.--The term `participating + Fleet vessel' means any tank vessel covered by an operating + agreement under this chapter on or after January 1, 2021. + ``(3) Person.--The term `person' includes corporations, + partnerships, and associations existing under, or authorized + by, laws of the United States, or any State, territory, + district, or possession thereof, or any foreign country. + ``(4) Tank vessel.--The term `tank vessel' has the meaning + that term has under section 2101. + ``(5) United states citizen trust.--The term `United States + citizen trust'-- + ``(A) means a trust for which-- + ``(i) each of the trustees is a citizen of + the United States; and + ``(ii) the application for documentation of + the vessel under chapter 121 includes an + affidavit of each trustee stating that the + trustee is not aware of any reason involving a + beneficiary of the trust that is not a citizen + of the United States, or involving any other + person who is not a citizen of the United + States, as a result of which the beneficiary or + other person would hold more than 25 percent of + the aggregate power to influence or limit the + exercise of the authority of the trustee with + respect to matters involving any ownership or + operation of the vessel that may adversely + affect the interests of the United States; + ``(B) does not include a trust for which any person + that is not a citizen of the United States has + authority to direct, or participate in directing, a + trustee for a trust in matters involving any ownership + or operation of the vessel that may adversely affect + the interests of the United States or in removing a + trustee without cause, either directly or indirectly + through the control of another person, unless the trust + instrument provides that persons who are not citizens + of the United States may not hold more than 25 percent + of the aggregate authority to so direct or remove a + trustee; and + ``(C) may include a trust for which a person who is + not a citizen of the United States holds more than 25 + percent of the beneficial interest in the trust. +``Sec. 53202. Establishment of the Tanker Security Fleet + ``(a) In General.--The Secretary of Transportation, in consultation +with the Secretary of Defense, shall establish a fleet of active, +commercially viable, militarily useful, privately owned product tankers +to meet national defense and other security requirements and maintain a +United States presence in international commercial shipping. The fleet +shall consist of privately owned vessels of the United States for which +there are in effect operating agreements under this chapter, and shall +be known as the `Tanker Security Fleet' (hereinafter in this chapter +referred to as the `Fleet'). + ``(b) Vessel Eligibility.--A vessel is eligible to be included in +the Fleet if the vessel-- + ``(1) meets the requirements under paragraph (1), (2), (3), + or (4) of subsection (c); + ``(2) is operated (or in the case of a vessel to be + constructed, will be operated) in providing transportation in + United States foreign commerce; + ``(3) is self-propelled; + ``(4) is not more than 10 years of age on the date the + vessel is first included in the Fleet and not more than 25 + years of age at any time during which the vessel is included in + the Fleet; + ``(5) is determined by the Secretary of Defense to be + suitable for use by the United States for national defense or + military purposes in time of war or national emergency; + ``(6) is commercially viable, as determined by the + Secretary of Transportation; and + ``(7) is-- + ``(A) a vessel of the United States; or + ``(B) not a vessel of the United States, but-- + ``(i) the owner of the vessel has + demonstrated an intent to have the vessel + documented under chapter 121 if it is included + in the Fleet; and + ``(ii) at the time an operating agreement + is entered into under this chapter, the vessel + is eligible for documentation under chapter + 121. + ``(c) Requirements Regarding Citizenship of Owners, Charterers, and +Operators.-- + ``(1) Vessels owned and operated by section 50501 + citizens.--A vessel meets the requirements of this paragraph + if, during the period of an operating agreement under this + chapter that applies to the vessel, the vessel will be owned + and operated by one or more persons that are citizens of the + United States under section 50501. + ``(2) Vessels owned by a section 50501 citizen, or united + states citizen trust, and chartered to a documentation + citizen.--A vessel meets the requirements of this paragraph + if-- + ``(A) during the period of an operating agreement + under this chapter that applies to the vessel, the + vessel will be-- + ``(i) owned by a person that is a citizen + of the United States under section 50501 or + that is a United States citizen trust; and + ``(ii) demise chartered to a person-- + ``(I) that is eligible to document + the vessel under chapter 121; + ``(II) the chairman of the board of + directors, chief executive officer, and + a majority of the members of the board + of directors of which are citizens of + the United States under section 50501, + and are appointed and subjected to + removal only upon approval by the + Secretary; and + ``(III) that certifies to the + Secretary that there are no treaties, + statutes, regulations, or other laws + that would prohibit the owner or + operator for the vessel from performing + its obligations under an operating + agreement under this chapter; + ``(B) in the case of a vessel that will be demise + chartered to a person that is owned or controlled by + another person that is not a citizen of the United + States under section 50501, the other person enters + into an agreement with the Secretary not to influence + the operation of the vessel in a manner that will + adversely affect the interests of the United States; + and + ``(C) the Secretary of Transportation and the + Secretary of Defense notify the Committee on Armed + Services and the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Armed + Services and the Committee on Transportation and + Infrastructure of the House of Representatives that the + Secretaries concur with the certification required + under subparagraph (A)(ii)(III), and have reviewed and + agree that there are no legal, operational, or other + impediments that would prohibit the owner or operator + for the vessel from performing its obligations under an + operating agreement under this chapter. + ``(3) Vessels owned and operated by a defense owner or + operator.--A vessel meets the requirements of this paragraph + if-- + ``(A) during the period of an operating agreement + under this chapter that applies to the vessel, the + vessel will be owned and operated by a person that-- + ``(i) is eligible to document a vessel + under chapter 121; + ``(ii) operates or manages other vessels of + the United States for the Secretary of Defense, + or charters other vessels to the Secretary of + Defense; + ``(iii) has entered into a special security + agreement for the purpose of this paragraph + with the Secretary of Defense; + ``(iv) makes the certification described in + paragraph (2)(A)(ii)(III); and + ``(v) in the case of a vessel described in + paragraph (2)(B), enters into an agreement + referred to in that subparagraph; and + ``(B) the Secretary of Transportation and the + Secretary of Defense notify the Committee on Armed + Services and the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Armed + Services and the Committee on Transportation and + Infrastructure of the House of Representatives that + they concur with the certification required under + subparagraph (A)(iv), and have reviewed and agree that + there are no legal, operational, or other impediments + that would prohibit the owner or operator for the + vessel from performing its obligations under an + operating agreement under this chapter. + ``(4) Vessels owned by documentation citizens and chartered + to section 50501 citizens.--A vessel meets the requirements of + this paragraph if, during the period of an operating agreement + under this chapter, the vessel will be-- + ``(A) owned by a person who is eligible to document + a vessel under chapter 121; and + ``(B) demise chartered to a person that is a + citizen of the United States under section 50501. + ``(d) Request by Secretary of Defense.--The Secretary of Defense +shall request that the Commandant of the Coast Guard issue any waiver +under section 501 that the Secretary of Defense determines is necessary +for purposes of this chapter. + ``(e) Vessel Standards.-- + ``(1) Certificate of inspection.--A vessel used to provide + oceangoing transportation that the Commandant of the Coast + Guard determines meets the criteria of subsection (b) but + which, on the date of enactment of this section, is not + documented under chapter 121, shall be eligible for a + certificate of inspection if the Commandant of the Coast Guard + determines that-- + ``(A) the vessel is classed by and designed in + accordance with the rules of the American Bureau of + Shipping, or another classification society accepted by + the Commandant of the Coast Guard; + ``(B) the vessel complies with applicable + international agreements and associated guidelines, as + determined by the country in which the vessel was + documented immediately before becoming documented under + chapter 121; and + ``(C) the country has not been identified by the + Commandant of the Coast Guard as inadequately enforcing + international vessel regulations as to that vessel. + ``(2) Reliance on classification society.-- + ``(A) In general.--The Commandant of the Coast + Guard may rely on a certification from the American + Bureau of Shipping or, subject to subparagraph (B), + another classification society accepted by the + Commandant of the Coast Guard, to establish that a + vessel is in compliance with the requirements of + paragraph (1). + ``(B) Foreign classification society.--The + Secretary may accept certification from a foreign + classification society under subparagraph (A) only-- + ``(i) to the extent that the government of + the foreign country in which the society is + headquartered provides access on a reciprocal + basis to the American Bureau of Shipping; and + ``(ii) if the foreign classification + society has offices and maintains records in + the United States. +``Sec. 53203. Vessel standards + ``(a) Certificate of Inspection.--A vessel used to provide +transportation service as a common carrier that the Secretary of +Transportation determines meets the criteria of section 53102(b), which +on the date of enactment of this section is not a documented vessel, +shall be eligible for a certificate of inspection if the Secretary +determines that-- + ``(1) the vessel is classed by and designed in accordance + with the rules of the American Bureau of Shipping or another + classification society accepted by the Secretary; + ``(2) the vessel complies with applicable international + agreements and associated guidelines, as determined by the + country in which the vessel was documented immediately before + becoming a documented vessel (as defined in that section); and + ``(3) that country has not been identified by the Secretary + as inadequately enforcing international vessel regulations as + to that vessel. + ``(b) Continued Eligibility for Certificate.--Subsection (a) does +not apply to any vessel that has failed to comply with the applicable +international agreements and association guidelines referred to in +subsection (a)(2). + ``(c) Reliance on Classification Society.-- + ``(1) In general.--The Secretary may rely on a + certification from the American Bureau of Shipping or, subject + to paragraph (2), another classification society accepted by + the Secretary, to establish that a vessel is in compliance with + the requirements of subsections (a) and (b). + ``(2) Foreign classification society.--The Secretary may + accept certification from a foreign classification society + under paragraph (1) only-- + ``(A) to the extent that the government of the + foreign country in which the society is headquartered + provides access on a reciprocal basis to the American + Bureau of Shipping; and + ``(B) if the foreign classification society has + offices and maintains records in the United States. +``Sec. 53204. Award of operating agreements + ``(a) In General.--The Secretary of Transportation shall require, +as a condition of including any vessel in the Fleet, that the owner or +operator of the vessel enter into an operating agreement with the +Secretary under this section. + ``(b) Procedure for Applications.-- + ``(1) Participating fleet vessels.-- + ``(A) In general.--The Secretary of Transportation + shall accept an application for an operating agreement + for a participating Fleet vessel under the priority + under paragraph (2) only from a person that has + authority to enter into an operating agreement under + this chapter. + ``(B) Vessel under demise charter.--For purposes of + subparagraph (A), in the case of a vessel that is + subject to a demise charter that terminates by its own + terms on September 30, 2035 (without giving effect to + any extension provided therein for completion of a + voyage or to effect the actual redelivery of the + vessel), or that is terminable at the will of the owner + of the vessel after such date, only the owner of the + vessel shall be treated as having the authority + referred to in subparagraph (A). + ``(C) Vessel owned by a united states citizen + trust.--For purposes of subparagraph (B), in the case + of a vessel owned by a United States citizen trust, the + term `owner of the vessel' includes the beneficial + owner of the vessel with respect to such trust. + ``(2) Discretion within priority.--The Secretary of + Transportation-- + ``(A) may award operating agreements under + paragraph (1) according to such priorities as the + Secretary considers appropriate; and + ``(B) shall award operating agreements within any + such priority-- + ``(i) in accordance with operational + requirements specified by the Secretary of + Defense; + ``(ii) in the case of operating agreements + awarded under subparagraph (B) of paragraph + (1), according to applicants' records of owning + and operating vessels; and + ``(iii) subject to approval of the + Secretary of Defense. + ``(c) Limitation.--For any fiscal year, the Secretary may not award +operating agreements under this chapter that require payments under +section 53207 for more than 10 vessels. +``Sec. 53205. Effectiveness of operating agreements + ``(a) In General.--Subject to the availability of appropriations +for such purpose, the Secretary of Transportation may enter into an +operating agreement under this chapter for fiscal year 2021 and any +subsequent fiscal year. Each such agreement may be renewed annually for +up to 7 years. + ``(b) Vessels Under Charter to the United States.--The owner or +operator of a vessel under charter to the United States is eligible to +receive payments pursuant to any operating agreement that covers such +vessel. + ``(c) Termination.-- + ``(1) Termination by secretary for lack of owner or + operator compliance.--If the owner or operator with respect to + an operating agreement materially fails to comply with the + terms of the agreement-- + ``(A) the Secretary shall notify the owner or + operator and provide a reasonable opportunity to comply + with the operating agreement; and + ``(B) the Secretary shall terminate the operating + agreement if the owner or operator fails to achieve + such compliance. + ``(2) Termination by owner or operator.-- + ``(A) In general.--If an owner or operator provides + notice of the intent to terminate an operating + agreement under this chapter by not later than 60 days + prior to the date specified by the owner or operator + for such termination, such agreement shall terminate on + the date specified by the owner or operator. + ``(B) Replacement.--An operating agreement with + respect to a vessel shall terminate on the date that is + three years after the date on which the vessel begins + operating under the agreement, if-- + ``(i) the owner or operator notifies the + Secretary, by not later than 2 years after the + date the vessel begins operating under the + agreement, that the owner or operator intends + to terminate the agreement under this + subparagraph; and + ``(ii) the Secretary of Transportation, in + coordination with the Secretary of Defense, + determines that-- + ``(I) an application for an + operating agreement under this chapter + has been received for a replacement + vessel that is acceptable to the + Secretaries; and + ``(II) during the period of an + operating agreement under this chapter + that applies to the replacement vessel, + the replacement vessel will be-- + ``(aa) owned and operated + by one or more persons that are + citizens of the United States + under section 50501; or + ``(bb) owned by a person + who is eligible to document the + vessel under chapter 121, and + operated by a person that is a + citizen of the United States + under section 50501. + ``(d) Nonrenewal for Lack of Funds.-- + ``(1) In general.--If sufficient funds are not made + available to carry out an operating agreement under this + chapter-- + ``(A) the Secretary of Transportation shall submit + to the Committee on Armed Services and the Committee on + Commerce, Science, and Transportation of the Senate and + the Committee on Armed Services and the Committee on + Transportation and Infrastructure of the House of + Representatives notice that such agreement shall be not + renewed effective on the 60th day of the fiscal year, + unless such funds are made available before such day; + and + ``(B) effective on the 60th day of such fiscal + year, terminate such agreement and provide notice of + such termination to the owner or operator of the vessel + covered by the agreement. + ``(2) Release of vessels from obligations.--If an operating + agreement for a vessel under this chapter is not renewed + pursuant to paragraph (1), then the owner or operator of the + vessel is released from any further obligation under the + operating agreement as of the date of such termination or + nonrenewal. + ``(3) Foreign transfer and registration.--The owner or + operator of a vessel covered by an operating agreement under + this chapter may transfer and register such vessel under a + foreign registry that is acceptable to the Secretary and the + Secretary of Defense, notwithstanding section 53201. + ``(4) Requisition.--If chapter 563 is applicable to a + vessel after registration, then the vessel is available to be + requisitioned by the Secretary pursuant to chapter 563. +``Sec. 53206. Obligations and rights under operating agreements + ``(a) Operation of Vessel.--An operating agreement under this +chapter shall require that, during the period the vessel covered by the +agreement is operating under the agreement the vessel shall-- + ``(1) be operated in the United States foreign commerce, + mixed United States foreign commerce and domestic trade allowed + under a registry endorsement issued under section 12111, in + foreign-to-foreign commerce, or under a charter to the United + States; + ``(2) not be operated in the coastwise trade except as + described in paragraph (1); and + ``(3) be documented under chapter 121. + ``(b) Operating Agreement Is an Obligation of the United States +Government.--An operating agreement under this chapter constitutes a +contractual obligation of the United States Government to pay the +amounts provided for in the agreement to the extent of actual +appropriations. + ``(c) Obligations of Owner or Operator.-- + ``(1) In general.--The owner or operator of a vessel + covered by an operating agreement under this chapter shall + agree, as a condition of such agreement, to remain obligated to + carry out the requirements described in paragraph (2) until the + termination date specified in the agreement, even in the case + of early termination of the agreement under section 53205(c). + This subsection shall not apply in the case of an operating + agreement terminated for lack of funds under section 53205(d). + ``(2) Requirements.--The requirements described in this + paragraph are the following: + ``(A) To continue the documentation of the vessel + under chapter 121. + ``(B) To be bound by the requirements of section + 53208. + ``(C) That all terms and conditions of an emergency + preparedness agreement entered into under section 53208 + shall remain in effect, except that the terms of such + emergency preparedness agreement may be modified by the + mutual consent of the owner or operator, the Secretary + and the Secretary of Defense as provided in such + section. + ``(d) Transfer of Operating Agreements.--The owner or operator of a +vessel covered by an operating agreement under this chapter may +transfer that agreement (including all rights and obligations under the +agreement) to any person that is eligible to enter into that operating +agreement under this chapter, if the transfer is approved by the +Secretary of Transportation and the Secretary of Defense. + ``(e) Replacement of Vessels Covered by Agreements.--An owner or +operator of a vessel covered by an operating agreement under this +chapter may replace the vessel with another vessel that is eligible to +be included in the Fleet under section 53202(b), if the Secretary of +Transportation, in coordination with the Secretary of Defense, approves +the replacement of the vessel. In selecting a replacement vessel, the +owner or operator shall give primary consideration to-- + ``(1) the commercial viability of the vessel; + ``(2) the utility of the vessel with respect to the + operating requirements of the owner or operator; and + ``(3) ensuring that the commercial and military utility of + any replacement vessel is not less than that of the initial + vessel. +``Sec. 53207. Payments + ``(a) Annual Payment.--Subject to the availability of +appropriations for such purpose and the other provisions of this +chapter, the Secretary shall pay to the owner or operator of a vessel +covered by an operating agreement under this chapter an amount equal to +$6,000,000 for each vessel covered by the agreement for each fiscal +year that the vessel is covered by the agreement. Such amount shall be +paid in equal monthly installments on the last day of each month. The +amount payable under this subsection may not be reduced except as +provided by this section. + ``(b) Certification Required for Payment.--As a condition of +receiving payment under this section for a fiscal year for a vessel, +the owner or operator of the vessel shall certify, in accordance with +regulations issued by the Secretary, that the vessel has been and will +be operated in accordance with section 53206 for at least 320 days +during the fiscal year. Days during which the vessel is drydocked, +surveyed, inspected, or repaired shall be considered days of operation +for purposes of this subsection. + ``(c) General Limitations.--The Secretary may not make any payment +under this chapter for a vessel with respect to any days for which the +vessel is-- + ``(1) not operated or maintained in accordance with an + operating agreement under this chapter; or + ``(2) more than 25 years of age. + ``(d) Reductions in Payments.--With respect to payments under this +chapter for a vessel covered by an operating agreement, the Secretary-- + ``(1) except as provided in paragraph (2), may not reduce + such a payment for the operation of the vessel to carry + military or other preference cargoes under section 55302(a), + 55304, 55305, or 55314, section 2631 of title 10, or any other + cargo preference law of the United States; + ``(2) may not make such a payment for any day that the + vessel is engaged in transporting more than 7,500 tons of + civilian bulk preference cargoes pursuant to section 55302(a), + 55305, or 55314, that is bulk cargo; and + ``(3) shall make a pro rata reduction for each day less + than 320 in a fiscal year that the vessel is not operated in + accordance with section 53206. + ``(e) Limitations Regarding Noncontiguous Domestic Trade.-- + ``(1) In general.--No owner or operator shall receive + payments pursuant to this chapter during a period in which it + participates in noncontiguous domestic trade. + ``(2) Limitation on application.--Paragraph (1) shall not + apply to a owner or operator that is a citizen of the United + States within the meaning of section 50501, applying the 75 + percent ownership requirement of that section. + ``(3) Participates in a noncontiguous trade defined.--In + this subsection the term `participates in a noncontiguous + domestic trade' means directly or indirectly owns, charters, or + operates a vessel engaged in transportation of cargo between a + point in the contiguous 48 States and a point in Alaska, + Hawaii, or Puerto Rico, other than a point in Alaska north of + the Arctic Circle. +``Sec. 53208. National security requirements + ``(a) Emergency Preparedness Agreement Required.--The Secretary of +Transportation, in coordination with the Secretary of Defense, shall +establish an emergency preparedness program under this section under +which the owner or operator of a vessel covered by an operating +agreement under this chapter shall agree, as a condition of the +operating agreement, to enter into an emergency preparedness agreement +with the Secretaries. Each such emergency preparedness agreement shall +be entered into as promptly as practicable after the owner or operator +has entered into the operating agreement. + ``(b) Terms of Agreement.--The terms of an agreement under this +section-- + ``(1) shall provide that upon request by the Secretary of + Defense during time of war or national emergency, or whenever + determined by the Secretary of Defense to be necessary for + national security or contingency operation (as that term is + defined in section 101 of title 10), the owner or operator + shall make available commercial transportation resources + (including services) described in subsection (d) to the + Secretary of Defense; + ``(2) shall include such additional terms as may be + established by the Secretary of Transportation and the + Secretary of Defense; and + ``(3) shall allow for the modification or addition of terms + upon agreement by the Secretary of Transportation and the owner + or operator and the approval by the Secretary of Defense. + ``(c) Participation After Expiration of Operating Agreement.-- +Except as provided by section 53206, the Secretary may not require, +through an emergency preparedness agreement or an operating agreement, +that an owner or operator of a vessel covered by an operating agreement +continue to participate in an emergency preparedness agreement after +the operating agreement has expired according to its terms or is +otherwise no longer in effect. After the expiration of an emergency +preparedness agreement, a owner or operator may voluntarily continue to +participate in the agreement. + ``(d) Resources Made Available.--The commercial transportation +resources to be made available under an emergency preparedness +agreement shall include vessels or capacity in vessels, terminal +facilities, management services, and other related services, or any +agreed portion of such nonvessel resources for activation as the +Secretary of Defense may determine to be necessary, seeking to minimize +disruption of the owner or operator's service to commercial customers. + ``(e) Compensation.-- + ``(1) In general.--Each emergency preparedness agreement + under this section shall provide that the Secretary of Defense + shall pay fair and reasonable compensation for all commercial + transportation resources provided pursuant to this section. + ``(2) Specific requirements.--Compensation under this + subsection-- + ``(A) shall not be less than the owner or + operator's commercial market charges for like + transportation resources; + ``(B) shall be fair and reasonable considering all + circumstances; + ``(C) shall be provided from the time that a vessel + or resource is required by the Secretary of Defense + until the time it is redelivered to the owner or + operator and is available to reenter commercial + service; and + ``(D) shall be in addition to and shall not in any + way reflect amounts payable under section 53207. + ``(f) Temporary Replacement Vessels.--Notwithstanding section +55302(a), 55304, 55305, or 55314, section 2631 of title 10, or any +other cargo preference law of the United States-- + ``(1) an owner or operator may operate or employ in foreign + commerce a foreign-flag vessel or foreign-flag vessel capacity + as a temporary replacement for a vessel of the United States or + vessel of the United States capacity that is activated by the + Secretary of Defense under an emergency preparedness agreement + or a primary Department of Defense sealift readiness program; + and + ``(2) such replacement vessel or vessel capacity shall be + eligible during the replacement period to transport preference + cargoes subject to sections 55302(a), 55304, 55305, and 55314 + and section 2631 of title 10 to the same extent as the + eligibility of the vessel or vessel capacity replaced. + ``(g) Redelivery and Liability of the United States for Damages.-- + ``(1) In general.--All commercial transportation resources + activated under an emergency preparedness agreement shall, upon + termination of the period of activation, be redelivered to the + owner or operator in the same good order and condition as when + received, less ordinary wear and tear, or the Secretary of + Defense shall fully compensate the owner or operator for any + necessary repair or replacement. + ``(2) Limitation on united states liability.--Except as may + be expressly agreed in an emergency preparedness agreement, or + as otherwise provided by law, the Government shall not be + liable for disruption of an owner or operator's commercial + business or other consequential damages to an owner or operator + arising from the activation of commercial transportation + resources under an emergency preparedness agreement. +``Sec. 53209. Regulatory relief + ``(a) Operation in Foreign Commerce.--An owner or operator for a +vessel included in an operating agreement under this chapter may +operate the vessel in the foreign commerce of the United States without +restriction. + ``(b) Other Restrictions.--The restrictions of section 55305(a) +concerning the building, rebuilding, or documentation of a vessel in a +foreign country shall not apply to a vessel for any day the operator of +the vessel is receiving payments for the operation of that vessel under +an operating agreement under this chapter. + ``(c) Telecommunications Equipment.--The telecommunications and +other electronic equipment on an existing vessel that is redocumented +under the laws of the United States for operation under an operating +agreement under this chapter shall be deemed to satisfy all Federal +Communications Commission equipment certification requirements, if-- + ``(1) such equipment complies with all applicable + international agreements and associated guidelines as + determined by the country in which the vessel was documented + immediately before becoming documented under the laws of the + United States; + ``(2) that country has not been identified by the Secretary + as inadequately enforcing international regulations as to that + vessel; and + ``(3) at the end of its useful life, such equipment shall + be replaced with equipment that meets Federal Communications + Commission equipment certification standards. +``Sec. 53210. Special rule regarding age of participating Fleet vessels + ``Any age restriction under section 53202(b)(4) shall not apply to +a participating Fleet vessel during the 30-month period beginning on +the date the vessel begins operating under an operating agreement under +this chapter, if the Secretary of Transportation determines that the +owner or operator of the vessel has entered into an arrangement to +obtain and operate under the operating agreement for the participating +Fleet vessel a replacement vessel that, upon commencement of such +operation, will be eligible to be included in the Fleet under section +53202(b). +``Sec. 53211. Regulations + ``The Secretary of Transportation and the Secretary of Defense may +each prescribe rules as necessary to carry out their respective +responsibilities under this chapter. +``Sec. 53212. Authorization of appropriations + ``There is authorized to be appropriated for payments under section +53207, $60,000,000 for each of fiscal years 2021 through 2035, to +remain available until expended. +``Sec. 53213. Acquisition of Fleet vessels + ``(a) In General.--Upon replacement of a Fleet vessel under an +operating agreement under this chapter, and subject to agreement by the +owner or operator of the vessel, the Secretary of Transportation may, +subject to the concurrence of the Secretary of Defense, acquire the +vessel being replaced for inclusion in the National Defense Reserve +Fleet. + ``(b) Requirements.--To be eligible for acquisition by the +Secretary of Transportation under this section a vessel shall-- + ``(1) have been covered by an operating agreement under + this chapter for not less than 3 years; and + ``(2) meet recapitalization requirements for the Ready + Reserve Force. + ``(c) Fair Market Value.--A fair market value shall be established +by the Maritime Administration for acquisition of an eligible vessel +under this section. + ``(d) Appropriations.--Vessel acquisitions under this section shall +be subject to the availability of appropriations. Amounts made +available to carry out this section shall be derived from amounts +authorized to be appropriated for the National Defense Reserve Fleet. +Amounts authorized to be appropriated to carry out the Maritime +Security Program may not be use to carry out this section.''. + (b) Clerical Amendment.--The table of chapters for subtitle VII of +title 46, United States Code, is amended by adding at the end the +following: + +``532. Tanker Security Fleet................................ 53201''. + (c) Deadline for Accepting Applications.-- + (1) In general.--The Secretary of Transportation shall + begin accepting applications for enrollment of vessels in the + Tanker Security Fleet established under chapter 532 of title + 46, United States Code, as added by subsection (a), by not + later than 30 days after the date of the enactment of this Act. + (2) Approval.--Not later than 90 days after receipt of an + application for the enrollment of a vessel in the Tanker + Security Fleet, the Secretary, in coordination with the + Secretary of Defense, shall-- + (A) approve the application and enter into an + operating agreement with the applicant; or + (B) provide to the applicant a written explanation + for the denial of the application. + + TITLE XXXVI--FARM AND RANCH MENTAL HEALTH + +SEC. 3601. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN TO ADDRESS FARM AND + RANCH MENTAL HEALTH. + + (a) In General.--The Secretary of Agriculture, in consultation with +the Secretary of Health and Human Services, shall carry out a public +service announcement campaign to address the mental health of farmers +and ranchers. + (b) Requirements.--The public service announcement campaign under +subsection (a) shall include television, radio, print, outdoor, and +digital public service announcements. + (c) Contractor.-- + (1) In general.--The Secretary of Agriculture may enter + into a contract or other agreement with a third party to carry + out the public service announcement campaign under subsection + (a). + (2) Requirement.--In awarding a contract under paragraph + (1), the Secretary shall use a competitive bidding process. + (d) Authorization of Appropriations.--There is authorized to be +appropriated to the Secretary of Agriculture to carry out this section +$3,000,000, to remain available until expended. + +SEC. 3602. EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND RANCHER + STRESS. + + (a) In General.--Not later than 180 days after the date of +enactment of this section, the Secretary of Agriculture shall expand +the pilot program carried out by the Secretary in fiscal year 2019 that +trained employees of the Farm Service Agency in the management of +stress experienced by farmers and ranchers, to train employees of the +Farm Service Agency, the Risk Management Agency, and the Natural +Resources Conservation Service in the management of stress experienced +by farmers and ranchers, including the detection of stress and suicide +prevention. + (b) Report.--Not less frequently than once every 2 years, the +Secretary shall submit to the Committee on Agriculture of the House of +Representatives and the Committee on Agriculture, Nutrition, and +Forestry of the Senate a report describing the implementation of this +section. + +SEC. 3603. TASK FORCE FOR ASSESSMENT OF CAUSES OF MENTAL STRESS AND + BEST PRACTICES FOR RESPONSE. + + (a) In General.--The Secretary of Agriculture shall convene a task +force of agricultural and rural stakeholders at the national, State, +and local levels-- + (1) to assess the causes of mental stress in farmers and + ranchers; and + (2) to identify best practices for responding to that + mental stress. + (b) Submission of Report.--Not later than 1 year after the date of +enactment of this Act, the task force convened under subsection (a) +shall submit to the Secretary of Agriculture a report containing the +assessment and best practices under paragraphs (1) and (2), +respectively, of subsection (a). + (c) Collaboration.--In carrying out this section, the task force +convened under subsection (a) shall collaborate with nongovernmental +organizations and State and local agencies. + + DIVISION D--FUNDING TABLES + +SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. + + (a) In General.--Whenever a funding table in this division +specifies a dollar amount authorized for a project, program, or +activity, the obligation and expenditure of the specified dollar amount +for the project, program, or activity is hereby authorized, subject to +the availability of appropriations. + (b) Merit-Based Decisions.--A decision to commit, obligate, or +expend funds with or to a specific entity on the basis of a dollar +amount authorized pursuant to subsection (a) shall-- + (1) be based on merit-based selection procedures in + accordance with the requirements of sections 2304(k) and 2374 + of title 10, United States Code, or on competitive procedures; + and + (2) comply with other applicable provisions of law. + (c) Relationship to Transfer and Programming Authority.--An amount +specified in the funding tables in this division may be transferred or +reprogrammed under a transfer or reprogramming authority provided by +another provision of this Act or by other law. The transfer or +reprogramming of an amount specified in such funding tables shall not +count against a ceiling on such transfers or reprogrammings under +section 1001 or section 1512 of this Act or any other provision of law, +unless such transfer or reprogramming would move funds between +appropriation accounts. + (d) Applicability to Classified Annex.--This section applies to any +classified annex that accompanies this Act. + (e) Oral and Written Communications.--No oral or written +communication concerning any amount specified in the funding tables in +this division shall supersede the requirements of this section. + + TITLE XLI--PROCUREMENT + +SEC. 4101. PROCUREMENT. + +------------------------------------------------------------------------ + SEC. 4101. PROCUREMENT (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 House + Line Item Request Authorized +------------------------------------------------------------------------ + AIRCRAFT PROCUREMENT, + ARMY + FIXED WING +002 MQ-1 UAV............. 75,000 + Additional [75,000] + aircraft. +003 FUTURE UAS FAMILY.... 1,100 1,100 +004 RQ-11 (RAVEN)........ 20,851 20,851 + ROTARY +007 AH-64 APACHE BLOCK 792,027 792,027 + IIIA REMAN. +008 AH-64 APACHE BLOCK 169,460 169,460 + IIIA REMAN AP. +011 UH-60 BLACKHAWK M 742,998 725,298 + MODEL (MYP). + Unjustified costs [-17,700] +012 UH-60 BLACKHAWK M 87,427 87,427 + MODEL (MYP) AP. +013 UH-60 BLACK HAWK L 172,797 172,797 + AND V MODELS. +014 CH-47 HELICOPTER..... 160,750 266,850 + Program increase. [136,000] + Unjustified cost [-29,900] + growth. +015 CH-47 HELICOPTER AP.. 18,372 47,372 + Program increase. [29,000] + MODIFICATION OF + AIRCRAFT +018 UNIVERSAL GROUND 7,509 7,509 + CONTROL EQUIPMENT + (UAS). +019 GRAY EAGLE MODS2..... 16,280 16,280 +020 MULTI SENSOR ABN 35,864 35,864 + RECON (MIP). +021 AH-64 MODS........... 118,316 113,216 + Unjustified cost [-5,100] + growth--M-DSA. +022 CH-47 CARGO 15,548 15,548 + HELICOPTER MODS + (MYP). +023 GRCS SEMA MODS (MIP). 2,947 2,947 +024 ARL SEMA MODS (MIP).. 9,598 9,598 +025 EMARSS SEMA MODS 2,452 2,452 + (MIP). +026 UTILITY/CARGO 13,868 13,868 + AIRPLANE MODS. +027 UTILITY HELICOPTER 25,842 31,342 + MODS. + Program increase. [5,500] +028 NETWORK AND MISSION 77,432 77,432 + PLAN. +029 COMMS, NAV 101,355 101,355 + SURVEILLANCE. +031 AVIATION ASSURED PNT. 54,609 54,609 +032 GATM ROLLUP.......... 12,180 12,180 +034 UAS MODS............. 4,204 4,204 + GROUND SUPPORT + AVIONICS +035 AIRCRAFT 49,455 49,455 + SURVIVABILITY + EQUIPMENT. +036 SURVIVABILITY CM..... 8,035 8,035 +037 CMWS................. 10,567 10,567 +038 COMMON INFRARED 237,467 237,467 + COUNTERMEASURES + (CIRCM). + OTHER SUPPORT +039 AVIONICS SUPPORT 1,789 1,789 + EQUIPMENT. +040 COMMON GROUND 17,584 17,584 + EQUIPMENT. +041 AIRCREW INTEGRATED 48,265 48,265 + SYSTEMS. +042 AIR TRAFFIC CONTROL.. 26,408 26,408 +044 LAUNCHER, 2.75 ROCKET 2,256 2,256 +045 LAUNCHER GUIDED 8,982 8,982 + MISSILE: LONGBOW + HELLFIRE XM2. + TOTAL AIRCRAFT 3,074,594 3,267,394 + PROCUREMENT, + ARMY. + + MISSILE PROCUREMENT, + ARMY + SURFACE-TO-AIR + MISSILE SYSTEM +002 M-SHORAD--PROCUREMENT 378,654 378,654 +003 MSE MISSILE.......... 603,188 603,188 +004 PRECISION STRIKE 49,941 42,441 + MISSILE (PRSM). + Contract delay... [-7,500] +005 INDIRECT FIRE 106,261 25,011 + PROTECTION + CAPABILITY INC 2-I. + Army identified [-40,500] + funds excess to + need. + Funding excess to [-40,750] + need. + AIR-TO-SURFACE + MISSILE SYSTEM +006 HELLFIRE SYS SUMMARY. 91,225 91,225 +007 JOINT AIR-TO-GROUND 213,397 213,397 + MSLS (JAGM). +008 LONG RANGE PRECISION 45,307 45,307 + MUNITION. + ANTI-TANK/ASSAULT + MISSILE SYS +009 JAVELIN (AAWS-M) 190,325 190,325 + SYSTEM SUMMARY. +010 TOW 2 SYSTEM SUMMARY. 121,074 121,074 +011 GUIDED MLRS ROCKET 850,157 850,157 + (GMLRS). +012 MLRS REDUCED RANGE 30,836 30,836 + PRACTICE ROCKETS + (RRPR). +013 HIGH MOBILITY 41,226 41,226 + ARTILLERY ROCKET + SYSTEM (HIMARS. + MODIFICATIONS +016 PATRIOT MODS......... 278,050 278,050 +017 ATACMS MODS.......... 141,690 141,690 +020 AVENGER MODS......... 13,942 13,942 +021 ITAS/TOW MODS........ 5,666 5,666 +022 MLRS MODS............ 310,419 310,419 +023 HIMARS MODIFICATIONS. 6,081 6,081 + SPARES AND REPAIR + PARTS +024 SPARES AND REPAIR 5,090 5,090 + PARTS. + SUPPORT EQUIPMENT & + FACILITIES +025 AIR DEFENSE TARGETS.. 8,978 8,978 + TOTAL MISSILE 3,491,507 3,402,757 + PROCUREMENT, + ARMY. + + PROCUREMENT OF W&TCV, + ARMY + TRACKED COMBAT + VEHICLES +002 ARMORED MULTI PURPOSE 192,971 172,971 + VEHICLE (AMPV). + Prior year carry- [-80,000] + over. + Program increase. [60,000] + MODIFICATION OF + TRACKED COMBAT + VEHICLES +004 STRYKER UPGRADE...... 847,212 1,183,052 + CROWS-J program [-39,160] + delay. + Program increase-- [375,000] + Army UPL. +005 BRADLEY PROGRAM (MOD) 493,109 435,759 + Prior year carry- [-17,350] + over. + UBIS early to [-40,000] + need. +006 M109 FOV 26,893 21,893 + MODIFICATIONS. + Prior year [-5,000] + carryover. +007 PALADIN INTEGRATED 435,825 435,825 + MANAGEMENT (PIM). +009 ASSAULT BRIDGE (MOD). 5,074 5,074 +010 ASSAULT BREACHER 19,500 19,500 + VEHICLE. +011 M88 FOV MODS......... 18,382 13,082 + Program reduction [-5,300] +012 JOINT ASSAULT BRIDGE. 72,178 61,878 + Program delay.... [-10,300] +013 M1 ABRAMS TANK (MOD). 392,013 386,278 + Prior year carry- [-5,735] + over. +014 ABRAMS UPGRADE 1,033,253 1,020,396 + PROGRAM. + Component cost [-3,480] + savings. + Prior year carry- [-9,377] + over. + WEAPONS & OTHER + COMBAT VEHICLES +016 MULTI-ROLE ANTI-ARMOR 17,864 17,864 + ANTI-PERSONNEL + WEAPON S. +018 MORTAR SYSTEMS....... 10,288 10,288 +019 XM320 GRENADE 5,969 5,969 + LAUNCHER MODULE + (GLM). +020 PRECISION SNIPER 10,137 10,137 + RIFLE. +021 COMPACT SEMI- 999 999 + AUTOMATIC SNIPER + SYSTEM. +022 CARBINE.............. 7,411 7,411 +023 NEXT GENERATION SQUAD 35,822 35,822 + WEAPON. +024 COMMON REMOTELY 24,534 24,534 + OPERATED WEAPONS + STATION. +025 HANDGUN.............. 4,662 4,662 + MOD OF WEAPONS AND + OTHER COMBAT VEH +026 MK-19 GRENADE MACHINE 6,444 6,444 + GUN MODS. +027 M777 MODS............ 10,983 10,983 +028 M4 CARBINE MODS...... 4,824 4,824 +031 M240 MEDIUM MACHINE 6,385 6,385 + GUN MODS. +032 SNIPER RIFLES 1,898 1,898 + MODIFICATIONS. +033 M119 MODIFICATIONS... 2,009 2,009 +034 MORTAR MODIFICATION.. 1,689 1,689 +035 MODIFICATIONS LESS 2,604 2,604 + THAN $5.0M (WOCV- + WTCV). + SUPPORT EQUIPMENT & + FACILITIES +036 ITEMS LESS THAN $5.0M 2,763 2,763 + (WOCV-WTCV). +037 PRODUCTION BASE 3,045 3,045 + SUPPORT (WOCV-WTCV). + TOTAL 3,696,740 3,916,038 + PROCUREMENT OF + W&TCV, ARMY. + + PROCUREMENT OF + AMMUNITION, ARMY + SMALL/MEDIUM CAL + AMMUNITION +001 CTG, 5.56MM, ALL 68,472 68,472 + TYPES. +002 CTG, 7.62MM, ALL 109,933 109,933 + TYPES. +003 NEXT GENERATION SQUAD 11,988 11,988 + WEAPON AMMUNITION. +004 CTG, HANDGUN, ALL 853 853 + TYPES. +005 CTG, .50 CAL, ALL 58,280 58,280 + TYPES. +006 CTG, 20MM, ALL TYPES. 31,708 31,708 +007 CTG, 25MM, ALL TYPES. 9,111 9,111 +008 CTG, 30MM, ALL TYPES. 58,172 58,172 +009 CTG, 40MM, ALL TYPES. 114,638 114,638 + MORTAR AMMUNITION +010 60MM MORTAR, ALL 31,222 31,222 + TYPES. +011 81MM MORTAR, ALL 42,857 42,857 + TYPES. +012 120MM MORTAR, ALL 107,762 107,762 + TYPES. + TANK AMMUNITION +013 CARTRIDGES, TANK, 233,444 233,444 + 105MM AND 120MM, ALL + TYPES. + ARTILLERY AMMUNITION +014 ARTILLERY CARTRIDGES, 35,963 35,963 + 75MM & 105MM, ALL + TYPES. +015 ARTILLERY PROJECTILE, 293,692 283,692 + 155MM, ALL TYPES. + Program delays... [-10,000] +016 PROJ 155MM EXTENDED 69,159 69,159 + RANGE M982. +017 ARTILLERY 232,913 232,913 + PROPELLANTS, FUZES + AND PRIMERS, ALL. + MINES +018 MINES & CLEARING 65,278 62,778 + CHARGES, ALL TYPES. + Program decrease. [-2,500] +019 CLOSE TERRAIN SHAPING 4,995 2,995 + OBSTACLE. + Program reduction [-2,000] + ROCKETS +020 SHOULDER LAUNCHED 69,112 61,612 + MUNITIONS, ALL TYPES. + Prior year [-7,500] + carryover. +021 ROCKET, HYDRA 70, ALL 125,915 125,915 + TYPES. + OTHER AMMUNITION +022 CAD/PAD, ALL TYPES... 8,891 8,891 +023 DEMOLITION MUNITIONS, 54,043 54,043 + ALL TYPES. +024 GRENADES, ALL TYPES.. 28,931 28,931 +025 SIGNALS, ALL TYPES... 27,036 27,036 +026 SIMULATORS, ALL TYPES 10,253 10,253 + MISCELLANEOUS +027 AMMO COMPONENTS, ALL 3,476 3,476 + TYPES. +029 ITEMS LESS THAN $5 10,569 10,569 + MILLION (AMMO). +030 AMMUNITION PECULIAR 12,338 12,338 + EQUIPMENT. +031 FIRST DESTINATION 15,908 15,908 + TRANSPORTATION + (AMMO). +032 CLOSEOUT LIABILITIES. 99 99 + PRODUCTION BASE + SUPPORT +033 INDUSTRIAL FACILITIES 592,224 696,724 + Program increase. [104,500] +034 CONVENTIONAL 235,112 235,112 + MUNITIONS + DEMILITARIZATION. +035 ARMS INITIATIVE...... 3,369 3,369 + TOTAL 2,777,716 2,860,216 + PROCUREMENT OF + AMMUNITION, ARMY. + + OTHER PROCUREMENT, + ARMY + TACTICAL VEHICLES +001 TACTICAL TRAILERS/ 12,986 12,986 + DOLLY SETS. +002 SEMITRAILERS, 31,443 31,443 + FLATBED:. +003 SEMITRAILERS, TANKERS 17,082 17,082 +004 HI MOB MULTI-PURP 44,795 44,795 + WHLD VEH (HMMWV). +005 GROUND MOBILITY 37,932 37,932 + VEHICLES (GMV). +008 JOINT LIGHT TACTICAL 894,414 894,414 + VEHICLE FAMILY OF + VEHICL. +009 TRUCK, DUMP, 20T 29,368 29,368 + (CCE). +010 FAMILY OF MEDIUM 95,092 95,092 + TACTICAL VEH (FMTV). +011 FAMILY OF COLD 999 999 + WEATHER ALL-TERRAIN + VEHICLE (C. +012 FIRETRUCKS & 27,687 27,687 + ASSOCIATED + FIREFIGHTING EQUIP. +014 PLS ESP.............. 21,969 21,969 +015 HVY EXPANDED MOBILE 65,635 132,635 + TACTICAL TRUCK EXT + SERV. + Program increase. [67,000] +016 HMMWV 5,927 5,927 + RECAPITALIZATION + PROGRAM. +017 TACTICAL WHEELED 36,497 36,497 + VEHICLE PROTECTION + KITS. +018 MODIFICATION OF IN 114,977 114,977 + SVC EQUIP. + NON-TACTICAL VEHICLES +020 PASSENGER CARRYING 1,246 1,246 + VEHICLES. +021 NONTACTICAL VEHICLES, 19,870 19,870 + OTHER. + COMM--JOINT + COMMUNICATIONS +022 SIGNAL MODERNIZATION 160,469 150,469 + PROGRAM. + Unit cost growth. [-10,000] +023 TACTICAL NETWORK 360,379 337,879 + TECHNOLOGY MOD IN + SVC. + Program delays... [-10,000] + Unit cost growth. [-12,500] +024 SITUATION INFORMATION 63,396 63,396 + TRANSPORT. +026 JCSE EQUIPMENT 5,170 5,170 + (USRDECOM). + COMM--SATELLITE + COMMUNICATIONS +029 DEFENSE ENTERPRISE 101,498 101,498 + WIDEBAND SATCOM + SYSTEMS. +030 TRANSPORTABLE 72,450 64,950 + TACTICAL COMMAND + COMMUNICATIONS. + Program delays... [-7,500] +031 SHF TERM............. 13,173 13,173 +032 ASSURED POSITIONING, 134,928 134,928 + NAVIGATION AND + TIMING. +033 SMART-T (SPACE)...... 8,611 8,611 +034 GLOBAL BRDCST SVC-- 8,191 8,191 + GBS. + COMM--C3 SYSTEM +036 COE TACTICAL SERVER 94,871 94,871 + INFRASTRUCTURE (TSI). + COMM--COMBAT + COMMUNICATIONS +037 HANDHELD MANPACK 550,848 550,848 + SMALL FORM FIT (HMS). +038 RADIO TERMINAL SET, 8,237 8,237 + MIDS LVT(2). +041 SPIDER FAMILY OF 13,967 0 + NETWORKED MUNITIONS + INCR. + Program [-13,967] + cancellation. +043 UNIFIED COMMAND SUITE 19,579 19,579 +044 COTS COMMUNICATIONS 94,156 94,156 + EQUIPMENT. +045 FAMILY OF MED COMM 18,313 18,313 + FOR COMBAT CASUALTY + CARE. +046 ARMY COMMUNICATIONS & 51,480 51,480 + ELECTRONICS. + COMM--INTELLIGENCE + COMM +048 CI AUTOMATION 13,146 13,146 + ARCHITECTURE (MIP). +049 DEFENSE MILITARY 5,624 5,624 + DECEPTION INITIATIVE. + INFORMATION SECURITY +051 INFORMATION SYSTEM 4,596 4,596 + SECURITY PROGRAM- + ISSP. +052 COMMUNICATIONS 159,272 149,272 + SECURITY (COMSEC). + Program decrease. [-10,000] +053 DEFENSIVE CYBER 54,753 54,753 + OPERATIONS. +054 INSIDER THREAT 1,760 1,760 + PROGRAM--UNIT + ACTIVITY MONITO. +056 ITEMS LESS THAN $5M 260 260 + (INFO SECURITY). + COMM--LONG HAUL + COMMUNICATIONS +057 BASE SUPPORT 29,761 29,761 + COMMUNICATIONS. + COMM--BASE + COMMUNICATIONS +058 INFORMATION SYSTEMS.. 147,696 147,696 +059 EMERGENCY MANAGEMENT 4,900 4,900 + MODERNIZATION + PROGRAM. +060 HOME STATION MISSION 15,227 15,227 + COMMAND CENTERS + (HSMCC). +061 JOINT INFORMATION 3,177 3,177 + ENVIRONMENT (JIE). +062 INSTALLATION INFO 300,035 280,035 + INFRASTRUCTURE MOD + PROGRAM. + Unjustified [-20,000] + growth. + ELECT EQUIP--TACT INT + REL ACT (TIARA) +065 JTT/CIBS-M (MIP)..... 5,304 5,304 +066 TERRESTRIAL LAYER 8,081 8,081 + SYSTEMS (TLS) (MIP). +068 DCGS-A (MIP)......... 151,886 151,886 +070 TROJAN (MIP)......... 17,593 17,593 +071 MOD OF IN-SVC EQUIP 28,558 28,558 + (INTEL SPT) (MIP). +073 BIOMETRIC TACTICAL 999 999 + COLLECTION DEVICES + (MIP). + ELECT EQUIP-- + ELECTRONIC WARFARE + (EW) +075 LIGHTWEIGHT COUNTER 5,332 5,332 + MORTAR RADAR. +076 EW PLANNING & 7,849 7,849 + MANAGEMENT TOOLS + (EWPMT). +077 AIR VIGILANCE (AV) 8,160 8,160 + (MIP). +079 MULTI-FUNCTION 8,669 8,669 + ELECTRONIC WARFARE + (MFEW) SYST. +082 CI MODERNIZATION 300 300 + (MIP). + ELECT EQUIP--TACTICAL + SURV. (TAC SURV) +083 SENTINEL MODS........ 58,884 58,884 +084 NIGHT VISION DEVICES. 1,127,375 897,375 + IVAS reduction... [-230,000] +086 SMALL TACTICAL 13,954 13,954 + OPTICAL RIFLE + MOUNTED MLRF. +088 INDIRECT FIRE 10,069 10,069 + PROTECTION FAMILY OF + SYSTEMS. +089 FAMILY OF WEAPON 133,590 115,090 + SIGHTS (FWS). + Program decrease. [-18,500] +091 JOINT BATTLE COMMAND-- 243,850 226,350 + PLATFORM (JBC-P). + Program delays... [-17,500] +092 JOINT EFFECTS 69,641 50,541 + TARGETING SYSTEM + (JETS). + Early to need.... [-19,100] +094 COMPUTER BALLISTICS: 7,509 7,509 + LHMBC XM32. +095 MORTAR FIRE CONTROL 3,800 3,800 + SYSTEM. +096 MORTAR FIRE CONTROL 7,292 7,292 + SYSTEMS + MODIFICATIONS. +097 COUNTERFIRE RADARS... 72,421 71,421 + Excess to need... [-1,000] + ELECT EQUIP--TACTICAL + C2 SYSTEMS +098 ARMY COMMAND POST 49,947 49,947 + INTEGRATED + INFRASTRUCTURE (. +099 FIRE SUPPORT C2 9,390 9,390 + FAMILY. +100 AIR & MSL DEFENSE 47,374 47,374 + PLANNING & CONTROL + SYS. +101 IAMD BATTLE COMMAND 201,587 191,587 + SYSTEM. + Program reduction [-10,000] +102 LIFE CYCLE SOFTWARE 4,495 4,495 + SUPPORT (LCSS). +103 NETWORK MANAGEMENT 18,651 18,651 + INITIALIZATION AND + SERVICE. +105 GLOBAL COMBAT SUPPORT 2,792 2,792 + SYSTEM-ARMY (GCSS-A). +106 INTEGRATED PERSONNEL 9,071 9,071 + AND PAY SYSTEM-ARMY + (IPP. +107 RECONNAISSANCE AND 12,117 12,117 + SURVEYING INSTRUMENT + SET. +108 MOD OF IN-SVC 3,004 5,004 + EQUIPMENT (ENFIRE). + Program increase. [2,000] + ELECT EQUIP-- + AUTOMATION +109 ARMY TRAINING 14,574 14,574 + MODERNIZATION. +110 AUTOMATED DATA 140,619 140,619 + PROCESSING EQUIP. +111 GENERAL FUND 4,448 4,448 + ENTERPRISE BUSINESS + SYSTEMS FAM. +112 HIGH PERF COMPUTING 68,405 68,405 + MOD PGM (HPCMP). +113 CONTRACT WRITING 8,459 8,459 + SYSTEM. +114 CSS COMMUNICATIONS... 57,651 57,651 +115 RESERVE COMPONENT 14,848 14,848 + AUTOMATION SYS + (RCAS). + ELECT EQUIP--AUDIO + VISUAL SYS (A/V) +117 ITEMS LESS THAN $5M 4,995 4,995 + (SURVEYING + EQUIPMENT). + ELECT EQUIP--SUPPORT +119 BCT EMERGING 16,983 8,983 + TECHNOLOGIES. + Program reduction [-8,000] + CLASSIFIED PROGRAMS +19A CLASSIFIED PROGRAMS.. 1,582 1,582 + CHEMICAL DEFENSIVE + EQUIPMENT +123 CBRN DEFENSE......... 28,456 28,456 +124 SMOKE & OBSCURANT 13,995 13,995 + FAMILY: SOF (NON AAO + ITEM). + BRIDGING EQUIPMENT +125 TACTICAL BRIDGING.... 10,545 10,545 +126 TACTICAL BRIDGE, 72,074 72,074 + FLOAT-RIBBON. +127 BRIDGE SUPPLEMENTAL 32,493 32,493 + SET. +128 COMMON BRIDGE 62,978 62,978 + TRANSPORTER (CBT) + RECAP. + ENGINEER (NON- + CONSTRUCTION) + EQUIPMENT +129 HANDHELD STANDOFF 5,570 5,570 + MINEFIELD DETECTION + SYS-HST. +130 GRND STANDOFF MINE 2,497 2,497 + DETECTN SYSM + (GSTAMIDS). +132 HUSKY MOUNTED 109,069 99,069 + DETECTION SYSTEM + (HMDS). + Program reduction [-10,000] +134 EOD ROBOTICS SYSTEMS 36,584 36,584 + RECAPITALIZATION. +135 ROBOTICS AND APPLIQUE 179,544 174,744 + SYSTEMS. + SMET contract [-4,800] + delay. +137 RENDER SAFE SETS KITS 64,583 64,583 + OUTFITS. +139 FAMILY OF BOATS AND 5,289 5,289 + MOTORS. + COMBAT SERVICE + SUPPORT EQUIPMENT +140 HEATERS AND ECU'S.... 8,200 8,200 +142 PERSONNEL RECOVERY 4,625 4,625 + SUPPORT SYSTEM + (PRSS). +143 GROUND SOLDIER SYSTEM 154,937 154,937 +144 MOBILE SOLDIER POWER. 34,297 34,297 +147 CARGO AERIAL DEL & 53,021 53,021 + PERSONNEL PARACHUTE + SYSTEM. +148 FAMILY OF ENGR COMBAT 23,324 23,324 + AND CONSTRUCTION + SETS. +149 ITEMS LESS THAN $5M 8,014 8,014 + (ENG SPT). + PETROLEUM EQUIPMENT +150 DISTRIBUTION SYSTEMS, 78,448 78,448 + PETROLEUM & WATER. + MEDICAL EQUIPMENT +151 COMBAT SUPPORT 59,485 64,485 + MEDICAL. + Future Warfighter [5,000] + Shelter. + MAINTENANCE EQUIPMENT +152 MOBILE MAINTENANCE 40,337 40,337 + EQUIPMENT SYSTEMS. +153 ITEMS LESS THAN $5.0M 5,386 5,386 + (MAINT EQ). + CONSTRUCTION + EQUIPMENT +154 GRADER, ROAD MTZD, 5,406 5,406 + HVY, 6X4 (CCE). +155 SCRAPERS, EARTHMOVING 4,188 4,188 +156 LOADERS.............. 4,521 4,521 +157 HYDRAULIC EXCAVATOR.. 5,186 5,186 +158 TRACTOR, FULL TRACKED 4,715 4,715 +159 ALL TERRAIN CRANES... 70,560 70,560 +162 CONST EQUIP ESP...... 8,925 8,925 + RAIL FLOAT + CONTAINERIZATION + EQUIPMENT +164 ARMY WATERCRAFT ESP.. 40,910 40,910 +165 MANEUVER SUPPORT 76,576 76,576 + VESSEL (MSV). +166 ITEMS LESS THAN $5.0M 1,844 1,844 + (FLOAT/RAIL). + GENERATORS +167 GENERATORS AND 53,433 53,433 + ASSOCIATED EQUIP. +168 TACTICAL ELECTRIC 22,216 22,216 + POWER + RECAPITALIZATION. + MATERIAL HANDLING + EQUIPMENT +169 FAMILY OF FORKLIFTS.. 16,145 16,145 + TRAINING EQUIPMENT +170 COMBAT TRAINING 90,580 90,580 + CENTERS SUPPORT. +171 TRAINING DEVICES, 161,814 161,814 + NONSYSTEM. +172 SYNTHETIC TRAINING 13,063 13,063 + ENVIRONMENT (STE). +175 GAMING TECHNOLOGY IN 1,950 1,950 + SUPPORT OF ARMY + TRAINING. + TEST MEASURE AND DIG + EQUIPMENT (TMD) +176 CALIBRATION SETS 2,511 2,511 + EQUIPMENT. +177 INTEGRATED FAMILY OF 78,578 73,578 + TEST EQUIPMENT + (IFTE). + Program reduction [-5,000] +178 TEST EQUIPMENT 14,941 14,941 + MODERNIZATION + (TEMOD). + OTHER SUPPORT + EQUIPMENT +180 RAPID EQUIPPING 8,629 8,629 + SOLDIER SUPPORT + EQUIPMENT. +181 PHYSICAL SECURITY 75,499 72,299 + SYSTEMS (OPA3). + Early to need.... [-3,200] +182 BASE LEVEL COMMON 27,444 27,444 + EQUIPMENT. +183 MODIFICATION OF IN- 32,485 32,485 + SVC EQUIPMENT (OPA- + 3). +187 SPECIAL EQUIPMENT FOR 39,436 39,436 + TEST AND EVALUATION. + OPA2 +189 INITIAL SPARES--C&E.. 9,950 9,950 + TOTAL OTHER 8,625,206 8,288,139 + PROCUREMENT, + ARMY. + + AIRCRAFT PROCUREMENT, + NAVY + COMBAT AIRCRAFT +001 F/A-18E/F (FIGHTER) 1,761,146 1,761,146 + HORNET. +002 F/A-18E/F (FIGHTER) 28,100 + HORNET AP. + FY22 aircraft.... [28,100] +003 JOINT STRIKE FIGHTER 2,181,780 2,106,680 + CV. + Excess depot [-6,500] + standup funding. + F135 [-21,000] + affordability + challenges. + Lot 15 target [-41,600] + cost savings. + Unjustified ALIS [-6,000] + funding. +004 JOINT STRIKE FIGHTER 330,386 330,386 + CV AP. +005 JSF STOVL............ 1,109,393 1,053,893 + Excess depot [-5,000] + standup funding. + F135 [-15,000] + affordability + challenges. + Lot 15 target [-18,000] + cost savings. + Unjustified ALIS [-10,000] + funding. + Unjustified [-7,500] + production + engineering + support. +006 JSF STOVL AP......... 303,035 303,035 +007 CH-53K (HEAVY LIFT).. 813,324 813,324 +008 CH-53K (HEAVY LIFT) 201,188 201,188 + AP. +009 V-22 (MEDIUM LIFT)... 934,793 1,146,193 + Navy UPL......... [211,400] +010 V-22 (MEDIUM LIFT) AP 39,547 39,547 +011 H-1 UPGRADES (UH-1Y/ 7,267 7,267 + AH-1Z). +013 P-8A POSEIDON........ 80,134 1,020,034 + Line shutdown [-80,100] + early to need. + Six additional [1,020,000] + aircraft. +015 E-2D ADV HAWKEYE..... 626,109 626,109 +016 E-2D ADV HAWKEYE AP.. 123,166 123,166 + TRAINER AIRCRAFT +017 ADVANCED HELICOPTER 269,867 269,867 + TRAINING SYSTEM. + OTHER AIRCRAFT +018 KC-130J.............. 380,984 380,984 +019 KC-130J AP........... 67,022 67,022 +021 MQ-4 TRITON.......... 150,570 280,570 + One additional [130,000] + aircraft. +023 MQ-8 UAV............. 40,375 40,375 +024 STUASL0 UAV.......... 30,930 30,930 +026 VH-92A EXECUTIVE HELO 610,231 610,231 + MODIFICATION OF + AIRCRAFT +028 F-18 A-D UNIQUE...... 208,261 208,261 +029 F-18E/F AND EA-18G 468,954 468,954 + MODERNIZATION AND + SUSTAINM. +030 AEA SYSTEMS.......... 21,061 21,061 +031 AV-8 SERIES.......... 34,082 34,082 +032 INFRARED SEARCH AND 158,055 158,055 + TRACK (IRST). +033 ADVERSARY............ 42,946 42,946 +034 F-18 SERIES.......... 379,351 379,351 +035 H-53 SERIES.......... 74,771 74,771 +036 MH-60 SERIES......... 131,584 136,584 + Program increase. [5,000] +037 H-1 SERIES........... 185,140 185,140 +038 EP-3 SERIES.......... 26,602 26,602 +040 E-2 SERIES........... 175,540 175,540 +041 TRAINER A/C SERIES... 7,085 7,085 +042 C-2A................. 9,525 9,525 +043 C-130 SERIES......... 141,705 141,705 +044 FEWSG................ 684 684 +045 CARGO/TRANSPORT A/C 8,911 8,911 + SERIES. +046 E-6 SERIES........... 197,206 197,206 +047 EXECUTIVE HELICOPTERS 29,086 29,086 + SERIES. +049 T-45 SERIES.......... 155,745 155,745 +050 POWER PLANT CHANGES.. 24,633 24,633 +051 JPATS SERIES......... 22,682 22,682 +052 AVIATION LIFE SUPPORT 40,401 40,401 + MODS. +053 COMMON ECM EQUIPMENT. 138,480 138,480 +054 COMMON AVIONICS 143,322 143,322 + CHANGES. +055 COMMON DEFENSIVE 2,142 2,142 + WEAPON SYSTEM. +056 ID SYSTEMS........... 35,999 35,999 +057 P-8 SERIES........... 180,530 180,530 +058 MAGTF EW FOR AVIATION 27,794 27,794 +059 MQ-8 SERIES.......... 28,774 28,774 +060 V-22 (TILT/ROTOR 334,405 334,405 + ACFT) OSPREY. +061 NEXT GENERATION 176,638 176,638 + JAMMER (NGJ). +062 F-35 STOVL SERIES.... 153,588 146,388 + Block IV/TR3 [-7,200] + upgrade delays. +063 F-35 CV SERIES....... 105,452 99,552 + Block IV/TR3 [-5,900] + upgrade delays. +064 QRC.................. 126,618 126,618 +065 MQ-4 SERIES.......... 12,998 12,998 +066 RQ-21 SERIES......... 18,550 18,550 + AIRCRAFT SPARES AND + REPAIR PARTS +070 SPARES AND REPAIR 2,198,460 2,198,460 + PARTS. + AIRCRAFT SUPPORT + EQUIP & FACILITIES +071 COMMON GROUND 543,559 543,559 + EQUIPMENT. +072 AIRCRAFT INDUSTRIAL 75,685 75,685 + FACILITIES. +073 WAR CONSUMABLES...... 40,633 40,633 +074 OTHER PRODUCTION 21,194 21,194 + CHARGES. +075 SPECIAL SUPPORT 155,179 155,179 + EQUIPMENT. +076 FIRST DESTINATION 2,121 2,121 + TRANSPORTATION. + TOTAL AIRCRAFT 17,127,378 18,298,078 + PROCUREMENT, + NAVY. + + WEAPONS PROCUREMENT, + NAVY + MODIFICATION OF + MISSILES +001 TRIDENT II MODS...... 1,173,837 1,173,837 + SUPPORT EQUIPMENT & + FACILITIES +002 MISSILE INDUSTRIAL 7,275 7,275 + FACILITIES. + STRATEGIC MISSILES +003 TOMAHAWK............. 277,694 277,694 + TACTICAL MISSILES +004 AMRAAM............... 326,952 326,952 +005 SIDEWINDER........... 126,485 126,485 +007 STANDARD MISSILE..... 456,206 456,206 +008 STANDARD MISSILE AP.. 66,716 66,716 +009 SMALL DIAMETER BOMB 78,867 78,867 + II. +010 RAM.................. 90,533 90,533 +011 JOINT AIR GROUND 49,386 49,386 + MISSILE (JAGM). +014 AERIAL TARGETS....... 174,336 174,336 +015 DRONES AND DECOYS.... 41,256 41,256 +016 OTHER MISSILE SUPPORT 3,501 3,501 +017 LRASM................ 168,845 168,845 +018 LCS OTH MISSILE...... 32,910 32,910 + MODIFICATION OF + MISSILES +019 TOMAHAWK MODS........ 164,915 164,915 +020 ESSM................. 215,375 206,475 + Excessive [-8,900] + production + support growth. +022 HARM MODS............ 147,572 147,572 +023 STANDARD MISSILES 83,654 17,254 + MODS. + SM-2 Blk IIC [-66,400] + excessive + concurrency. + SUPPORT EQUIPMENT & + FACILITIES +024 WEAPONS INDUSTRIAL 1,996 1,996 + FACILITIES. +025 FLEET SATELLITE COMM 53,401 53,401 + FOLLOW-ON. + ORDNANCE SUPPORT + EQUIPMENT +027 ORDNANCE SUPPORT 215,659 215,659 + EQUIPMENT. + TORPEDOES AND RELATED + EQUIP +028 SSTD................. 5,811 5,811 +029 MK-48 TORPEDO........ 284,901 284,901 +030 ASW TARGETS.......... 13,833 13,833 + MOD OF TORPEDOES AND + RELATED EQUIP +031 MK-54 TORPEDO MODS... 110,286 110,286 +032 MK-48 TORPEDO ADCAP 57,214 57,214 + MODS. +033 MARITIME MINES....... 5,832 5,832 + SUPPORT EQUIPMENT +034 TORPEDO SUPPORT 97,581 97,581 + EQUIPMENT. +035 ASW RANGE SUPPORT.... 4,159 4,159 + DESTINATION + TRANSPORTATION +036 FIRST DESTINATION 4,106 4,106 + TRANSPORTATION. + GUNS AND GUN MOUNTS +037 SMALL ARMS AND 16,030 16,030 + WEAPONS. + MODIFICATION OF GUNS + AND GUN MOUNTS +038 CIWS MODS............ 37,147 37,147 +039 COAST GUARD WEAPONS.. 45,804 45,804 +040 GUN MOUNT MODS....... 74,427 74,427 +041 LCS MODULE WEAPONS... 4,253 4,253 +042 AIRBORNE MINE 6,662 6,662 + NEUTRALIZATION + SYSTEMS. + SPARES AND REPAIR + PARTS +045 SPARES AND REPAIR 159,578 159,578 + PARTS. + TOTAL WEAPONS 4,884,995 4,809,695 + PROCUREMENT, + NAVY. + + PROCUREMENT OF AMMO, + NAVY & MC + NAVY AMMUNITION +001 GENERAL PURPOSE BOMBS 41,496 41,496 +002 JDAM................. 64,631 64,631 +003 AIRBORNE ROCKETS, ALL 60,719 60,719 + TYPES. +004 MACHINE GUN 11,158 11,158 + AMMUNITION. +005 PRACTICE BOMBS....... 51,409 51,409 +006 CARTRIDGES & CART 64,694 64,694 + ACTUATED DEVICES. +007 AIR EXPENDABLE 51,523 51,523 + COUNTERMEASURES. +008 JATOS................ 6,761 6,761 +009 5 INCH/54 GUN 31,517 31,517 + AMMUNITION. +010 INTERMEDIATE CALIBER 38,005 38,005 + GUN AMMUNITION. +011 OTHER SHIP GUN 40,626 40,626 + AMMUNITION. +012 SMALL ARMS & LANDING 48,202 48,202 + PARTY AMMO. +013 PYROTECHNIC AND 9,766 9,766 + DEMOLITION. +015 AMMUNITION LESS THAN 2,115 2,115 + $5 MILLION. + MARINE CORPS + AMMUNITION +016 MORTARS.............. 46,781 46,781 +017 DIRECT SUPPORT 119,504 79,662 + MUNITIONS. + USMC identified [-39,842] + funds excess to + need. +018 INFANTRY WEAPONS 83,220 83,220 + AMMUNITION. +019 COMBAT SUPPORT 32,650 32,650 + MUNITIONS. +020 AMMO MODERNIZATION... 15,144 15,144 +021 ARTILLERY MUNITIONS.. 59,539 59,539 +022 ITEMS LESS THAN $5 4,142 4,142 + MILLION. + TOTAL 883,602 843,760 + PROCUREMENT OF + AMMO, NAVY & MC. + + SHIPBUILDING AND + CONVERSION, NAVY + FLEET BALLISTIC + MISSILE SHIPS +001 OHIO REPLACEMENT 2,891,475 2,891,475 + SUBMARINE. +002 OHIO REPLACEMENT 1,123,175 1,123,175 + SUBMARINE AP. + OTHER WARSHIPS +003 CARRIER REPLACEMENT 997,544 907,544 + PROGRAM. + Full funding [-90,000] + early to need. +004 CVN-81............... 1,645,606 1,465,606 + Full funding [-180,000] + early to need. +005 VIRGINIA CLASS 2,334,693 4,630,693 + SUBMARINE. + Restore second [2,296,000] + Virginia-class + SSN. +006 VIRGINIA CLASS 1,901,187 2,173,187 + SUBMARINE. + Restore second [272,000] + Virginia-class + SSN. +007 CVN REFUELING 1,878,453 1,878,453 + OVERHAULS. +008 CVN REFUELING 17,384 17,384 + OVERHAULS AP. +009 DDG 1000............. 78,205 78,205 +010 DDG-51............... 3,040,270 3,040,270 +011 DDG-51 AP............ 29,297 29,297 +013 FFG-FRIGATE.......... 1,053,123 954,523 + Anticipated [-98,600] + learning curve. + AMPHIBIOUS SHIPS +014 LPD FLIGHT II........ 1,155,801 1,118,101 + Excessive unit [-37,700] + cost growth. +019 EXPEDITIONARY FAST 260,000 + TRANSPORT (EPF). + One additional [260,000] + ship. + AUXILIARIES, CRAFT + AND PRIOR YR PROGRAM + COST +022 TOWING, SALVAGE, AND 168,209 168,209 + RESCUE SHIP (ATS). +023 LCU 1700............. 87,395 87,395 +024 OUTFITTING........... 825,586 825,586 +026 SERVICE CRAFT........ 249,781 249,781 +027 LCAC SLEP............ 56,461 56,461 +028 COMPLETION OF PY 369,112 369,112 + SHIPBUILDING + PROGRAMS. + TOTAL 19,902,757 22,324,457 + SHIPBUILDING AND + CONVERSION, NAVY. + + OTHER PROCUREMENT, + NAVY + SHIP PROPULSION + EQUIPMENT +001 SURFACE POWER 11,738 11,738 + EQUIPMENT. + GENERATORS +002 SURFACE COMBATANT 58,497 58,497 + HM&E. + NAVIGATION EQUIPMENT +003 OTHER NAVIGATION 74,084 74,084 + EQUIPMENT. + OTHER SHIPBOARD + EQUIPMENT +004 SUB PERISCOPE, 204,806 204,806 + IMAGING AND SUPT + EQUIP PROG. +005 DDG MOD.............. 547,569 531,169 + Excessive CSSQT [-16,400] + cost growth. +006 FIREFIGHTING 18,394 18,394 + EQUIPMENT. +007 COMMAND AND CONTROL 2,374 2,374 + SWITCHBOARD. +008 LHA/LHD MIDLIFE...... 78,265 78,265 +009 POLLUTION CONTROL 23,035 23,035 + EQUIPMENT. +010 SUBMARINE SUPPORT 64,632 60,132 + EQUIPMENT. + Excess cost [-4,500] + growth. +011 VIRGINIA CLASS 22,868 22,868 + SUPPORT EQUIPMENT. +012 LCS CLASS SUPPORT 3,976 3,976 + EQUIPMENT. +013 SUBMARINE BATTERIES.. 31,322 31,322 +014 LPD CLASS SUPPORT 50,475 55,475 + EQUIPMENT. + Electronic [5,000] + actuator pilot + program. +015 DDG 1000 CLASS 42,279 36,779 + SUPPORT EQUIPMENT. + Excess cost [-5,500] + growth. +016 STRATEGIC PLATFORM 15,429 15,429 + SUPPORT EQUIP. +017 DSSP EQUIPMENT....... 2,918 2,918 +018 CG MODERNIZATION..... 87,978 87,978 +019 LCAC................. 9,366 9,366 +020 UNDERWATER EOD 16,842 16,842 + EQUIPMENT. +021 ITEMS LESS THAN $5 105,715 95,715 + MILLION. + Cost growth...... [-10,000] +022 CHEMICAL WARFARE 3,044 3,044 + DETECTORS. +023 SUBMARINE LIFE 5,885 5,885 + SUPPORT SYSTEM. + REACTOR PLANT + EQUIPMENT +024 SHIP MAINTENANCE, 1,260,721 400,621 + REPAIR AND + MODERNIZATION. + LCS in-service [-12,100] + modernization + excess cost + growth. + Realignment to [-198,000] + OPN-24A for + Shipyard + Infrastructure + Optimization Plan. + Transfer to O&M [-650,000] + for ship depot + maintenance. +024A SHIPYARD 198,000 + INFRASTRUCTURE + OPTIMIZATION PLAN. + Realignment from [198,000] + OPN-24 for + Shipyard + Infrastructure + Optimization Plan. +025 REACTOR POWER UNITS.. 5,305 5,305 +026 REACTOR COMPONENTS... 415,404 415,404 + OCEAN ENGINEERING +027 DIVING AND SALVAGE 11,143 11,143 + EQUIPMENT. + SMALL BOATS +028 STANDARD BOATS....... 52,371 52,371 + PRODUCTION FACILITIES + EQUIPMENT +029 OPERATING FORCES IPE. 233,667 233,667 + OTHER SHIP SUPPORT +030 LCS COMMON MISSION 39,714 39,714 + MODULES EQUIPMENT. +031 LCS MCM MISSION 218,822 167,922 + MODULES. + COBRA early to [-9,300] + need. + Program Decrease. [-41,600] +032 LCS ASW MISSION 61,759 61,759 + MODULES. +033 LCS SUW MISSION 24,412 24,412 + MODULES. +034 LCS IN-SERVICE 121,848 151,848 + MODERNIZATION. + Preservation of [30,000] + LCS 3 and LCS 4. +035 SMALL & MEDIUM UUV... 67,709 43,709 + Early to need [-24,000] + based on IOTE + schedule. + SHIP SONARS +037 SPQ-9B RADAR......... 27,517 27,517 +038 AN/SQQ-89 SURF ASW 128,664 128,664 + COMBAT SYSTEM. +039 SSN ACOUSTIC 374,737 374,737 + EQUIPMENT. +040 UNDERSEA WARFARE 9,286 9,286 + SUPPORT EQUIPMENT. + ASW ELECTRONIC + EQUIPMENT +041 SUBMARINE ACOUSTIC 26,066 26,066 + WARFARE SYSTEM. +042 SSTD................. 13,241 13,241 +043 FIXED SURVEILLANCE 193,446 193,446 + SYSTEM. +044 SURTASS.............. 63,838 63,838 + ELECTRONIC WARFARE + EQUIPMENT +045 AN/SLQ-32............ 387,195 387,195 + RECONNAISSANCE + EQUIPMENT +046 SHIPBOARD IW EXPLOIT. 235,744 223,644 + Excess cost [-12,100] + growth. +047 AUTOMATED 3,862 3,862 + IDENTIFICATION + SYSTEM (AIS). + OTHER SHIP ELECTRONIC + EQUIPMENT +048 COOPERATIVE 26,006 26,006 + ENGAGEMENT + CAPABILITY. +049 NAVAL TACTICAL 15,385 15,385 + COMMAND SUPPORT + SYSTEM (NTCSS). +050 ATDLS................ 103,835 103,835 +051 NAVY COMMAND AND 3,594 3,594 + CONTROL SYSTEM + (NCCS). +052 MINESWEEPING SYSTEM 15,744 15,744 + REPLACEMENT. +053 SHALLOW WATER MCM.... 5,493 5,493 +054 NAVSTAR GPS RECEIVERS 38,043 38,043 + (SPACE). +055 AMERICAN FORCES RADIO 2,592 2,592 + AND TV SERVICE. +056 STRATEGIC PLATFORM 7,985 7,985 + SUPPORT EQUIP. + AVIATION ELECTRONIC + EQUIPMENT +057 ASHORE ATC EQUIPMENT. 83,475 83,475 +058 AFLOAT ATC EQUIPMENT. 65,113 65,113 +059 ID SYSTEMS........... 23,815 23,815 +060 JOINT PRECISION 100,751 100,751 + APPROACH AND LANDING + SYSTEM (. +061 NAVAL MISSION 13,947 13,947 + PLANNING SYSTEMS. + OTHER SHORE + ELECTRONIC EQUIPMENT +062 MARITIME INTEGRATED 1,375 1,375 + BROADCAST SYSTEM. +063 TACTICAL/MOBILE C4I 22,771 22,771 + SYSTEMS. +064 DCGS-N............... 18,872 18,872 +065 CANES................ 389,585 389,585 +066 RADIAC............... 10,335 10,335 +067 CANES-INTELL......... 48,654 48,654 +068 GPETE................ 8,133 8,133 +069 MASF................. 4,150 4,150 +070 INTEG COMBAT SYSTEM 5,934 5,934 + TEST FACILITY. +071 EMI CONTROL 4,334 4,334 + INSTRUMENTATION. +072 ITEMS LESS THAN $5 159,815 159,815 + MILLION. + SHIPBOARD + COMMUNICATIONS +073 SHIPBOARD TACTICAL 56,106 56,106 + COMMUNICATIONS. +074 SHIP COMMUNICATIONS 124,288 124,288 + AUTOMATION. +075 COMMUNICATIONS ITEMS 45,120 45,120 + UNDER $5M. + SUBMARINE + COMMUNICATIONS +076 SUBMARINE BROADCAST 31,133 31,133 + SUPPORT. +077 SUBMARINE 62,214 62,214 + COMMUNICATION + EQUIPMENT. + SATELLITE + COMMUNICATIONS +078 SATELLITE 47,421 47,421 + COMMUNICATIONS + SYSTEMS. +079 NAVY MULTIBAND 64,552 64,552 + TERMINAL (NMT). + SHORE COMMUNICATIONS +080 JOINT COMMUNICATIONS 4,398 4,398 + SUPPORT ELEMENT + (JCSE). + CRYPTOGRAPHIC + EQUIPMENT +081 INFO SYSTEMS SECURITY 157,551 147,551 + PROGRAM (ISSP). + Program decrease. [-10,000] +082 MIO INTEL 985 985 + EXPLOITATION TEAM. + CRYPTOLOGIC EQUIPMENT +083 CRYPTOLOGIC 15,906 15,906 + COMMUNICATIONS EQUIP. + OTHER ELECTRONIC + SUPPORT +090 COAST GUARD EQUIPMENT 70,689 70,689 + SONOBUOYS +092 SONOBUOYS--ALL TYPES. 237,639 286,639 + Inventory [49,000] + increase. + AIRCRAFT SUPPORT + EQUIPMENT +093 MINOTAUR............. 5,077 5,077 +094 WEAPONS RANGE SUPPORT 83,969 83,969 + EQUIPMENT. +095 AIRCRAFT SUPPORT 187,758 187,758 + EQUIPMENT. +096 ADVANCED ARRESTING 16,059 16,059 + GEAR (AAG). +097 METEOROLOGICAL 15,192 15,192 + EQUIPMENT. +099 LEGACY AIRBORNE MCM.. 6,674 6,674 +100 LAMPS EQUIPMENT...... 1,189 1,189 +101 AVIATION SUPPORT 58,873 58,873 + EQUIPMENT. +102 UMCS-UNMAN CARRIER 60,937 60,937 + AVIATION(UCA)MISSION + CNTRL. + SHIP GUN SYSTEM + EQUIPMENT +103 SHIP GUN SYSTEMS 5,540 5,540 + EQUIPMENT. + SHIP MISSILE SYSTEMS + EQUIPMENT +104 HARPOON SUPPORT 208 208 + EQUIPMENT. +105 SHIP MISSILE SUPPORT 262,077 252,077 + EQUIPMENT. + Excess cost [-10,000] + growth. +106 TOMAHAWK SUPPORT 84,087 76,087 + EQUIPMENT. + TMPC cost growth. [-8,000] + FBM SUPPORT EQUIPMENT +107 STRATEGIC MISSILE 258,910 258,910 + SYSTEMS EQUIP. + ASW SUPPORT EQUIPMENT +108 SSN COMBAT CONTROL 173,770 173,770 + SYSTEMS. +109 ASW SUPPORT EQUIPMENT 26,584 26,584 + OTHER ORDNANCE + SUPPORT EQUIPMENT +110 EXPLOSIVE ORDNANCE 7,470 7,470 + DISPOSAL EQUIP. +111 ITEMS LESS THAN $5 6,356 6,356 + MILLION. + OTHER EXPENDABLE + ORDNANCE +112 ANTI-SHIP MISSILE 86,356 86,356 + DECOY SYSTEM. +113 SUBMARINE TRAINING 69,240 69,240 + DEVICE MODS. +114 SURFACE TRAINING 192,245 192,245 + EQUIPMENT. + CIVIL ENGINEERING + SUPPORT EQUIPMENT +115 PASSENGER CARRYING 6,123 6,123 + VEHICLES. +116 GENERAL PURPOSE 2,693 2,693 + TRUCKS. +117 CONSTRUCTION & 47,301 47,301 + MAINTENANCE EQUIP. +118 FIRE FIGHTING 10,352 10,352 + EQUIPMENT. +119 TACTICAL VEHICLES.... 31,475 31,475 +121 POLLUTION CONTROL 2,630 2,630 + EQUIPMENT. +122 ITEMS LESS THAN $5 47,972 47,972 + MILLION. +123 PHYSICAL SECURITY 1,171 1,171 + VEHICLES. + SUPPLY SUPPORT + EQUIPMENT +124 SUPPLY EQUIPMENT..... 19,693 19,693 +125 FIRST DESTINATION 4,956 4,956 + TRANSPORTATION. +126 SPECIAL PURPOSE 668,639 638,639 + SUPPLY SYSTEMS. + Program decrease. [-30,000] + TRAINING DEVICES +127 TRAINING SUPPORT 4,026 4,026 + EQUIPMENT. +128 TRAINING AND 73,454 73,454 + EDUCATION EQUIPMENT. + COMMAND SUPPORT + EQUIPMENT +129 COMMAND SUPPORT 32,390 32,390 + EQUIPMENT. +130 MEDICAL SUPPORT 974 974 + EQUIPMENT. +132 NAVAL MIP SUPPORT 5,606 5,606 + EQUIPMENT. +133 OPERATING FORCES 16,024 16,024 + SUPPORT EQUIPMENT. +134 C4ISR EQUIPMENT...... 6,697 6,697 +135 ENVIRONMENTAL SUPPORT 27,503 27,503 + EQUIPMENT. +136 PHYSICAL SECURITY 138,281 138,281 + EQUIPMENT. +137 ENTERPRISE 42,680 42,680 + INFORMATION + TECHNOLOGY. + OTHER +140 NEXT GENERATION 184,443 184,443 + ENTERPRISE SERVICE. +141 CYBERSPACE ACTIVITIES 16,523 16,523 + CLASSIFIED PROGRAMS +41A CLASSIFIED PROGRAMS.. 18,446 18,446 + SPARES AND REPAIR + PARTS +142 SPARES AND REPAIR 374,195 421,195 + PARTS. + SPY-1 battle [47,000] + spare. + TOTAL OTHER 10,948,518 10,236,018 + PROCUREMENT, + NAVY. + + PROCUREMENT, MARINE + CORPS + TRACKED COMBAT + VEHICLES +001 AAV7A1 PIP........... 87,476 87,476 +002 AMPHIBIOUS COMBAT 478,874 478,874 + VEHICLE FAMILY OF + VEHICLES. +003 LAV PIP.............. 41,988 41,988 + ARTILLERY AND OTHER + WEAPONS +004 155MM LIGHTWEIGHT 59 59 + TOWED HOWITZER. +005 ARTILLERY WEAPONS 174,687 234,337 + SYSTEM. + Ground Based Anti- [59,650] + Ship Missiles-- + USMC UPL. +006 WEAPONS AND COMBAT 24,867 24,867 + VEHICLES UNDER $5 + MILLION. + OTHER SUPPORT +007 MODIFICATION KITS.... 3,067 0 + USMC funds [-3,067] + identified excess + to need. + GUIDED MISSILES +008 GROUND BASED AIR 18,920 18,920 + DEFENSE. +009 ANTI-ARMOR MISSILE- 19,888 19,888 + JAVELIN. +010 FAMILY ANTI-ARMOR 21,891 21,891 + WEAPON SYSTEMS + (FOAAWS). +011 ANTI-ARMOR MISSILE- 34,985 34,985 + TOW. +012 GUIDED MLRS ROCKET 133,689 133,689 + (GMLRS). + COMMAND AND CONTROL + SYSTEMS +013 COMMON AVIATION 35,057 35,057 + COMMAND AND CONTROL + SYSTEM (C. + REPAIR AND TEST + EQUIPMENT +014 REPAIR AND TEST 24,405 24,405 + EQUIPMENT. + OTHER SUPPORT (TEL) +015 MODIFICATION KITS.... 1,006 1,006 + COMMAND AND CONTROL + SYSTEM (NON-TEL) +016 ITEMS UNDER $5 69,725 69,725 + MILLION (COMM & + ELEC). +017 AIR OPERATIONS C2 15,611 15,611 + SYSTEMS. + RADAR + EQUIPMENT + (NON-TEL) +019 GROUND/AIR TASK 284,283 284,283 + ORIENTED RADAR (G/ + ATOR). + INTELL/COMM EQUIPMENT + (NON-TEL) +020 GCSS-MC.............. 1,587 1,587 +021 FIRE SUPPORT SYSTEM.. 24,934 24,934 +022 INTELLIGENCE SUPPORT 50,728 50,728 + EQUIPMENT. +024 UNMANNED AIR SYSTEMS 24,853 24,853 + (INTEL). +025 DCGS-MC.............. 38,260 38,260 +026 UAS PAYLOADS......... 5,489 5,489 + OTHER SUPPORT (NON- + TEL) +029 NEXT GENERATION 78,922 78,922 + ENTERPRISE NETWORK + (NGEN). +030 COMMON COMPUTER 35,349 35,349 + RESOURCES. +031 COMMAND POST SYSTEMS. 33,713 33,713 +032 RADIO SYSTEMS........ 343,250 343,250 +033 COMM SWITCHING & 40,627 40,627 + CONTROL SYSTEMS. +034 COMM & ELEC 43,782 43,782 + INFRASTRUCTURE + SUPPORT. +035 CYBERSPACE ACTIVITIES 53,896 53,896 + CLASSIFIED PROGRAMS +36A CLASSIFIED PROGRAMS.. 3,797 3,797 + ADMINISTRATIVE + VEHICLES +037 COMMERCIAL CARGO 22,460 22,460 + VEHICLES. + TACTICAL VEHICLES +038 MOTOR TRANSPORT 10,739 10,739 + MODIFICATIONS. +039 JOINT LIGHT TACTICAL 381,675 381,675 + VEHICLE. +040 FAMILY OF TACTICAL 2,963 2,963 + TRAILERS. + ENGINEER AND OTHER + EQUIPMENT +042 ENVIRONMENTAL CONTROL 385 385 + EQUIP ASSORT. +043 TACTICAL FUEL SYSTEMS 501 501 +044 POWER EQUIPMENT 23,430 23,430 + ASSORTED. +045 AMPHIBIOUS SUPPORT 5,752 5,752 + EQUIPMENT. +046 EOD SYSTEMS.......... 20,939 20,939 + MATERIALS HANDLING + EQUIPMENT +047 PHYSICAL SECURITY 23,063 23,063 + EQUIPMENT. + GENERAL PROPERTY +048 FIELD MEDICAL 4,187 4,187 + EQUIPMENT. +049 TRAINING DEVICES..... 101,765 101,765 +050 FAMILY OF 19,305 19,305 + CONSTRUCTION + EQUIPMENT. +051 ULTRA-LIGHT TACTICAL 678 678 + VEHICLE (ULTV). + OTHER SUPPORT +052 ITEMS LESS THAN $5 9,174 9,174 + MILLION. + SPARES AND REPAIR + PARTS +053 SPARES AND REPAIR 27,295 27,295 + PARTS. + TOTAL 2,903,976 2,960,559 + PROCUREMENT, + MARINE CORPS. + + AIRCRAFT PROCUREMENT, + AIR FORCE + TACTICAL FORCES +001 F-35................. 4,567,018 4,236,018 + Excess depot [-22,000] + standup funding. + Excess [-156,000] + miscellaneous + support costs. + Excess production [-10,000] + engineering + support. + F135 [-48,000] + affordability + challenges. + Lot 15 target [-75,000] + cost savings. + Unjustified ALIS [-20,000] + funding. +002 F-35 AP.............. 610,800 610,800 +004 F-15EX............... 1,269,847 1,269,847 +005 F-15EX AP............ 133,500 133,500 + TACTICAL AIRLIFT +007 KC-46A MDAP.......... 2,850,151 2,189,151 + Decrease quantity [-462,000] + by three aircraft. + Prior year [-119,000] + carryover. + Spares excess to [-40,000] + need due to + quantity decrease. + Wing Air [-40,000] + Refueling Pods + early to need. + OTHER AIRLIFT +008 C-130J............... 37,131 37,131 +010 MC-130J.............. 362,807 241,807 + Prior year [-121,000] + carryover. +011 MC-130J AP........... 39,987 29,987 + FY22 quantity [-10,000] + reduction. + HELICOPTERS +012 UH-1N REPLACEMENT.... 194,016 194,016 +013 COMBAT RESCUE 973,473 973,473 + HELICOPTER. + MISSION SUPPORT + AIRCRAFT +015 CIVIL AIR PATROL A/C. 2,811 11,211 + Program Increase. [8,400] + OTHER AIRCRAFT +016 TARGET DRONES........ 133,273 133,273 +018 COMPASS CALL......... 161,117 291,117 + Program increase. [130,000] +020 MQ-9................. 29,409 120,209 + Program increase. [108,000] + Unjustified [-17,200] + request. + STRATEGIC AIRCRAFT +022 B-1.................. 3,853 3,853 +023 B-2A................. 31,476 31,476 +024 B-1B................. 21,808 1,808 + Slow [-20,000] + modernization + execution. +025 B-52................. 53,949 22,249 + GPS IU early to [-28,700] + need. + Tactical data [-3,000] + link contract + delay. +025A LONG-RANGE STRIKE 20,000 + BOMBER ADVANCED + PROCUREMENT. + Advanced [20,000] + procurement. +026 LARGE AIRCRAFT 9,999 9,999 + INFRARED + COUNTERMEASURES. + TACTICAL AIRCRAFT +027 A-10................. 135,793 135,793 +028 E-11 BACN/HAG........ 33,645 33,645 +029 F-15................. 349,304 349,304 +030 F-16................. 615,760 615,760 +032 F-22A................ 387,905 361,705 + Contract delays.. [-26,200] +033 F-35 MODIFICATIONS... 322,185 290,485 + Block IV/TR3 [-31,700] + delays. +034 F-15 EPAW............ 31,995 27,195 + Concurrency...... [-4,800] +035 INCREMENT 3.2B....... 5,889 5,889 +036 KC-46A MDAP.......... 24,085 9,085 + Excessive [-15,000] + airworthiness + directives and + service bulletins. + AIRLIFT AIRCRAFT +037 C-5.................. 62,108 50,008 + Unjustified PMA [-12,100] + cost growth. +038 C-17A................ 66,798 56,798 + BLOS ahead of [-10,000] + need. +040 C-32A................ 2,947 2,947 +041 C-37A................ 12,985 5,985 + SATCOM installs [-7,000] + ahead of need. + TRAINER AIRCRAFT +042 GLIDER MODS.......... 977 977 +043 T-6.................. 26,829 26,829 +044 T-1.................. 4,465 4,465 +045 T-38................. 36,806 41,806 + T-38 ejection [5,000] + seat improvements. + OTHER AIRCRAFT +046 U-2 MODS............. 110,618 110,618 +047 KC-10A (ATCA)........ 117 117 +049 VC-25A MOD........... 1,983 1,983 +050 C-40................. 9,252 7,252 + SATCOM installs [-2,000] + ahead of need. +051 C-130................ 5,871 140,671 + AMP 1 excess to [-3,800] + need. + Eight-bladed [55,000] + propeller upgrade + kits only. + Improved modular [4,600] + airborne fire + fighting system + (iMAFFS). + T-56 3.5 engine [79,000] + mod. +052 C-130J MODS.......... 140,032 140,032 +053 C-135................ 88,250 86,450 + Other government [-1,800] + cost growth. +055 COMPASS CALL......... 193,389 193,389 +057 RC-135............... 191,332 191,332 +058 E-3.................. 172,141 172,141 +059 E-4.................. 58,803 58,803 +060 E-8.................. 11,037 38,037 + Program increase. [27,000] +061 AIRBORNE WARNING AND 53,343 53,343 + CNTRL SYS (AWACS) 40/ + 45. +062 FAMILY OF BEYOND LINE- 1,573 1,573 + OF-SIGHT TERMINALS. +063 H-1.................. 4,410 4,410 +064 H-60................. 44,538 44,538 +065 RQ-4 MODS............ 40,468 40,468 +066 HC/MC-130 20,780 20,780 + MODIFICATIONS. +067 OTHER AIRCRAFT....... 100,774 100,774 +068 MQ-9 MODS............ 188,387 188,387 +070 CV-22 MODS........... 122,306 328,506 + SOCOM UPL........ [206,200] + AIRCRAFT SPARES AND + REPAIR PARTS +071 INITIAL SPARES/REPAIR 926,683 915,383 + PARTS. + Unobligated [-11,300] + balances--F-16s. + COMMON SUPPORT + EQUIPMENT +073 AIRCRAFT REPLACEMENT 132,719 132,719 + SUPPORT EQUIP. + POST PRODUCTION + SUPPORT +074 B-2A................. 1,683 1,683 +075 B-2B................. 46,734 46,734 +076 B-52................. 1,034 1,034 +079 E-11 BACN/HAG........ 63,419 63,419 +080 F-15................. 2,632 2,632 +081 F-16................. 14,163 14,163 +083 OTHER AIRCRAFT....... 4,595 4,595 +084 RQ-4 POST PRODUCTION 32,585 32,585 + CHARGES. + INDUSTRIAL + PREPAREDNESS +085 INDUSTRIAL 18,215 18,215 + RESPONSIVENESS. + WAR CONSUMABLES +086 WAR CONSUMABLES...... 36,046 36,046 + OTHER PRODUCTION + CHARGES +087 OTHER PRODUCTION 1,439,640 1,439,640 + CHARGES. + CLASSIFIED PROGRAMS +89A CLASSIFIED PROGRAMS.. 21,692 21,692 + TOTAL AIRCRAFT 17,908,145 17,233,745 + PROCUREMENT, AIR + FORCE. + + MISSILE PROCUREMENT, + AIR FORCE + MISSILE REPLACEMENT + EQUIPMENT--BALLISTIC +001 MISSILE REPLACEMENT 75,012 75,012 + EQ-BALLISTIC. + TACTICAL +002 REPLAC EQUIP & WAR 4,495 4,495 + CONSUMABLES. +004 JOINT AIR-SURFACE 475,949 475,949 + STANDOFF MISSILE. +005 LRASM0............... 19,800 19,800 +006 SIDEWINDER (AIM-9X).. 164,769 164,769 +007 AMRAAM............... 453,223 453,223 +008 PREDATOR HELLFIRE 40,129 40,129 + MISSILE. +009 SMALL DIAMETER BOMB.. 45,475 45,475 +010 SMALL DIAMETER BOMB 273,272 273,272 + II. + INDUSTRIAL FACILITIES +011 INDUSTR'L PREPAREDNS/ 814 814 + POL PREVENTION. + CLASS IV +013 ICBM FUZE MOD........ 3,458 3,458 +014 ICBM FUZE MOD AP..... 43,450 43,450 +015 MM III MODIFICATIONS. 85,310 85,310 +016 AGM-65D MAVERICK..... 298 298 +017 AIR LAUNCH CRUISE 52,924 52,924 + MISSILE (ALCM). + MISSILE SPARES AND + REPAIR PARTS +018 MSL SPRS/REPAIR PARTS 9,402 9,402 + (INITIAL). +019 MSL SPRS/REPAIR PARTS 84,671 84,671 + (REPLEN). + SPECIAL PROGRAMS +025 SPECIAL UPDATE 23,501 23,501 + PROGRAMS. + CLASSIFIED PROGRAMS +25A CLASSIFIED PROGRAMS.. 540,465 540,465 + TOTAL MISSILE 2,396,417 2,396,417 + PROCUREMENT, AIR + FORCE. + + PROCUREMENT OF + AMMUNITION, AIR + FORCE + ROCKETS +001 ROCKETS.............. 14,962 14,962 + CARTRIDGES +002 CARTRIDGES........... 123,365 123,365 + BOMBS +003 PRACTICE BOMBS....... 59,725 59,725 +006 JOINT DIRECT ATTACK 206,989 206,989 + MUNITION. +007 B61.................. 35,634 35,634 + OTHER ITEMS +009 CAD/PAD.............. 47,830 47,830 +010 EXPLOSIVE ORDNANCE 6,232 6,232 + DISPOSAL (EOD). +011 SPARES AND REPAIR 542 542 + PARTS. +012 MODIFICATIONS........ 1,310 1,310 +013 ITEMS LESS THAN 4,753 4,753 + $5,000,000. + FLARES +015 FLARES............... 40,088 40,088 + FUZES +016 FUZES................ 40,983 40,983 + SMALL ARMS +017 SMALL ARMS........... 13,925 13,925 + TOTAL 596,338 596,338 + PROCUREMENT OF + AMMUNITION, AIR + FORCE. + + PROCUREMENT, SPACE + FORCE + SPACE PROCUREMENT, SF +001 ADVANCED EHF......... 14,823 14,823 +002 AF SATELLITE COMM 48,326 43,326 + SYSTEM. + Insufficient [-5,000] + justification. +003 COUNTERSPACE SYSTEMS. 65,540 57,540 + Insufficient [-8,000] + justification. +004 FAMILY OF BEYOND LINE- 66,190 66,190 + OF-SIGHT TERMINALS. +005 GENERAL INFORMATION 3,299 3,299 + TECH--SPACE. +006 GPSIII FOLLOW ON..... 627,796 612,796 + Unjustified [-15,000] + growth. +007 GPS III SPACE SEGMENT 20,122 20,122 +008 GLOBAL POSTIONING 2,256 2,256 + (SPACE). +009 SPACEBORNE EQUIP 35,495 35,495 + (COMSEC). +010 MILSATCOM............ 15,795 15,795 +011 SBIR HIGH (SPACE).... 160,891 160,891 +012 SPECIAL SPACE 78,387 78,387 + ACTIVITIES. +013 NATIONAL SECURITY 1,043,171 1,043,171 + SPACE LAUNCH. +014 NUDET DETECTION 6,638 6,638 + SYSTEM. +015 ROCKET SYSTEMS LAUNCH 47,741 47,741 + PROGRAM. +016 SPACE FENCE.......... 11,279 11,279 +017 SPACE MODS........... 96,551 86,551 + Insufficient [-10,000] + justification. +018 SPACELIFT RANGE 100,492 100,492 + SYSTEM SPACE. + SPARES +019 SPARES AND REPAIR 1,272 1,272 + PARTS. + TOTAL 2,446,064 2,408,064 + PROCUREMENT, + SPACE FORCE. + + OTHER PROCUREMENT, + AIR FORCE + PASSENGER CARRYING + VEHICLES +001 PASSENGER CARRYING 9,016 9,016 + VEHICLES. + CARGO AND UTILITY + VEHICLES +002 MEDIUM TACTICAL 15,058 15,058 + VEHICLE. +003 CAP VEHICLES......... 1,059 1,800 + Program increase. [741] +004 CARGO AND UTILITY 38,920 38,920 + VEHICLES. + SPECIAL PURPOSE + VEHICLES +005 JOINT LIGHT TACTICAL 30,544 30,544 + VEHICLE. +006 SECURITY AND TACTICAL 319 319 + VEHICLES. +007 SPECIAL PURPOSE 43,157 34,381 + VEHICLES. + Program decrease. [-2,500] + Unjustified [-6,276] + request. + FIRE FIGHTING + EQUIPMENT +008 FIRE FIGHTING/CRASH 8,621 8,621 + RESCUE VEHICLES. + MATERIALS HANDLING + EQUIPMENT +009 MATERIALS HANDLING 12,897 12,897 + VEHICLES. + BASE MAINTENANCE + SUPPORT +010 RUNWAY SNOW REMOV AND 3,577 3,577 + CLEANING EQU. +011 BASE MAINTENANCE 43,095 43,095 + SUPPORT VEHICLES. + COMM SECURITY + EQUIPMENT(COMSEC) +013 COMSEC EQUIPMENT..... 54,864 54,864 + INTELLIGENCE PROGRAMS +014 INTERNATIONAL INTEL 9,283 9,283 + TECH & ARCHITECTURES. +015 INTELLIGENCE TRAINING 6,849 6,849 + EQUIPMENT. +016 INTELLIGENCE COMM 33,471 33,471 + EQUIPMENT. + ELECTRONICS PROGRAMS +017 AIR TRAFFIC CONTROL & 29,409 29,409 + LANDING SYS. +018 BATTLE CONTROL 7,909 7,909 + SYSTEM--FIXED. +019 THEATER AIR CONTROL 32,632 32,632 + SYS IMPROVEMEN. +020 WEATHER OBSERVATION 33,021 33,021 + FORECAST. +021 STRATEGIC COMMAND AND 31,353 31,353 + CONTROL. +022 CHEYENNE MOUNTAIN 10,314 10,314 + COMPLEX. +023 MISSION PLANNING 15,132 15,132 + SYSTEMS. +025 INTEGRATED STRAT PLAN 9,806 9,806 + & ANALY NETWORK + (ISPAN). + SPCL COMM-ELECTRONICS + PROJECTS +026 GENERAL INFORMATION 39,887 39,887 + TECHNOLOGY. +027 AF GLOBAL COMMAND & 2,602 2,602 + CONTROL SYS. +029 MOBILITY COMMAND AND 10,541 10,541 + CONTROL. +030 AIR FORCE PHYSICAL 96,277 93,777 + SECURITY SYSTEM. + Program decrease. [-2,500] +031 COMBAT TRAINING 195,185 195,185 + RANGES. +032 MINIMUM ESSENTIAL 29,664 29,664 + EMERGENCY COMM N. +033 WIDE AREA 59,633 59,633 + SURVEILLANCE (WAS). +034 C3 COUNTERMEASURES... 105,584 105,584 +036 DEFENSE ENTERPRISE 899 899 + ACCOUNTING & MGT SYS. +038 THEATER BATTLE MGT C2 3,392 3,392 + SYSTEM. +039 AIR & SPACE 24,983 24,983 + OPERATIONS CENTER + (AOC). + AIR FORCE + COMMUNICATIONS +041 BASE INFORMATION 19,147 19,147 + TRANSPT INFRAST + (BITI) WIRED. +042 AFNET................ 84,515 84,515 +043 JOINT COMMUNICATIONS 6,185 6,185 + SUPPORT ELEMENT + (JCSE). +044 USCENTCOM............ 19,649 19,649 +045 USSTRATCOM........... 4,337 4,337 + ORGANIZATION AND BASE +046 TACTICAL C-E 137,033 137,033 + EQUIPMENT. +047 RADIO EQUIPMENT...... 15,264 15,264 +049 BASE COMM 132,281 132,281 + INFRASTRUCTURE. + MODIFICATIONS +050 COMM ELECT MODS...... 21,471 21,471 + PERSONAL SAFETY & + RESCUE EQUIP +051 PERSONAL SAFETY AND 49,578 49,578 + RESCUE EQUIPMENT. + DEPOT PLANT+MTRLS + HANDLING EQ +052 POWER CONDITIONING 11,454 11,454 + EQUIPMENT. +053 MECHANIZED MATERIAL 12,110 12,110 + HANDLING EQUIP. + BASE SUPPORT + EQUIPMENT +054 BASE PROCURED 21,142 21,142 + EQUIPMENT. +055 ENGINEERING AND EOD 7,700 7,700 + EQUIPMENT. +056 MOBILITY EQUIPMENT... 18,266 22,966 + Program increase. [4,700] +057 FUELS SUPPORT 9,601 9,601 + EQUIPMENT (FSE). +058 BASE MAINTENANCE AND 42,078 30,378 + SUPPORT EQUIPMENT. + Program decrease. [-4,700] + Unjustified [-7,000] + request. + SPECIAL SUPPORT + PROJECTS +060 DARP RC135........... 27,164 27,164 +061 DCGS-AF.............. 121,528 121,528 +063 SPECIAL UPDATE 782,641 782,641 + PROGRAM. + CLASSIFIED PROGRAMS +63A CLASSIFIED PROGRAMS.. 21,086,112 21,026,112 + Program [-60,000] + adjustment. + SPARES AND REPAIR + PARTS +064 SPARES AND REPAIR 1,664 1,664 + PARTS (CYBER). +065 SPARES AND REPAIR 15,847 15,847 + PARTS. + TOTAL OTHER 23,695,720 23,618,185 + PROCUREMENT, AIR + FORCE. + + PROCUREMENT, DEFENSE- + WIDE + MAJOR EQUIPMENT, OSD +026 MAJOR EQUIPMENT, DPAA 500 500 +049 MAJOR EQUIPMENT, OSD. 3,099 3,099 + MAJOR EQUIPMENT, NSA +048 INFORMATION SYSTEMS 101 101 + SECURITY PROGRAM + (ISSP). + MAJOR EQUIPMENT, WHS +053 MAJOR EQUIPMENT, WHS. 515 515 + MAJOR EQUIPMENT, DISA +011 INFORMATION SYSTEMS 17,211 17,211 + SECURITY. +012 TELEPORT PROGRAM..... 29,841 29,841 +013 JOINT FORCES 3,091 3,091 + HEADQUARTERS--DODIN. +014 ITEMS LESS THAN $5 41,569 41,569 + MILLION. +016 DEFENSE INFORMATION 26,978 26,978 + SYSTEM NETWORK. +017 WHITE HOUSE 44,161 44,161 + COMMUNICATION AGENCY. +018 SENIOR LEADERSHIP 35,935 35,935 + ENTERPRISE. +019 JOINT REGIONAL 88,741 8,741 + SECURITY STACKS + (JRSS). + Program decrease. [-80,000] +020 JOINT SERVICE 157,538 157,538 + PROVIDER. +021 FOURTH ESTATE NETWORK 42,084 42,084 + OPTIMIZATION (4ENO). + MAJOR EQUIPMENT, DLA +023 MAJOR EQUIPMENT...... 417,459 417,459 + MAJOR EQUIPMENT, DCSA +003 MAJOR EQUIPMENT...... 2,212 2,212 + MAJOR EQUIPMENT, TJS +050 MAJOR EQUIPMENT, TJS. 8,329 8,329 +051 MAJOR EQUIPMENT--TJS 1,247 1,247 + CYBER. + MAJOR EQUIPMENT, + MISSILE DEFENSE + AGENCY +031 THAAD................ 495,396 601,396 + THAAD battery #8. [106,000] +034 AEGIS BMD............ 356,195 356,195 +035 AEGIS BMD AP......... 44,901 44,901 +037 SM-3 IIAS............ 218,322 333,322 + Increase SM-3 [115,000] + Block IIA + quantities. +038 ARROW 3 UPPER TIER 77,000 77,000 + SYSTEMS. +039 SHORT RANGE BALLISTIC 50,000 50,000 + MISSILE DEFENSE + (SRBMD). +040 AEGIS ASHORE PHASE 39,114 39,114 + III. +041 IRON DOME............ 73,000 73,000 +042 AEGIS BMD HARDWARE 104,241 104,241 + AND SOFTWARE. + MAJOR EQUIPMENT, DHRA +005 PERSONNEL 4,213 4,213 + ADMINISTRATION. + MAJOR EQUIPMENT, + DEFENSE THREAT + REDUCTION AGENCY +028 VEHICLES............. 215 215 +029 OTHER MAJOR EQUIPMENT 9,994 9,994 + MAJOR EQUIPMENT, + DEFENSE SECURITY + COOPERATION AGENCY +027 REGIONAL CENTER 1,598 1,598 + PROCUREMENT. + MAJOR EQUIPMENT, + DODEA +025 AUTOMATION/ 1,319 1,319 + EDUCATIONAL SUPPORT + & LOGISTICS. + MAJOR EQUIPMENT, DCMA +002 MAJOR EQUIPMENT...... 1,398 1,398 + MAJOR EQUIPMENT, + DMACT +024 MAJOR EQUIPMENT...... 7,993 7,993 + CLASSIFIED PROGRAMS +54A CLASSIFIED PROGRAMS.. 554,264 554,264 + AVIATION PROGRAMS +055 ARMED OVERWATCH/ 101,000 53,000 + TARGETING. + Program decrease. [-80,000] + U.S. Special [32,000] + Operations + Command Armed + Overwatch program. +059 ROTARY WING UPGRADES 211,041 211,041 + AND SUSTAINMENT. +060 UNMANNED ISR......... 25,488 20,488 + Program decrease. [-5,000] +061 NON-STANDARD AVIATION 61,874 56,874 + Program decrease. [-5,000] +062 U-28................. 3,825 3,825 +063 MH-47 CHINOOK........ 135,482 135,482 +064 CV-22 MODIFICATION... 14,829 14,829 +065 MQ-9 UNMANNED AERIAL 6,746 6,746 + VEHICLE. +066 PRECISION STRIKE 243,111 238,111 + PACKAGE. + Program decrease. [-5,000] +067 AC/MC-130J........... 163,914 163,914 +068 C-130 MODIFICATIONS.. 20,414 20,414 + SHIPBUILDING +069 UNDERWATER SYSTEMS... 20,556 20,556 + AMMUNITION PROGRAMS +070 ORDNANCE ITEMS <$5M.. 186,197 186,197 + OTHER PROCUREMENT + PROGRAMS +071 INTELLIGENCE SYSTEMS. 94,982 94,982 +072 DISTRIBUTED COMMON 11,645 11,645 + GROUND/SURFACE + SYSTEMS. +073 OTHER ITEMS <$5M..... 96,333 96,333 +074 COMBATANT CRAFT 17,278 17,278 + SYSTEMS. +075 SPECIAL PROGRAMS..... 78,865 71,365 + Program decrease. [-7,500] +076 TACTICAL VEHICLES.... 30,158 30,158 +077 WARRIOR SYSTEMS <$5M. 260,733 260,733 +078 COMBAT MISSION 19,848 19,848 + REQUIREMENTS. +079 GLOBAL VIDEO 2,401 2,401 + SURVEILLANCE + ACTIVITIES. +080 OPERATIONAL 13,861 8,861 + ENHANCEMENTS + INTELLIGENCE. + Program decrease. [-5,000] +081 OPERATIONAL 247,038 242,038 + ENHANCEMENTS. + Program decrease. [-5,000] + CBDP +082 CHEMICAL BIOLOGICAL 147,150 147,150 + SITUATIONAL + AWARENESS. +083 CB PROTECTION & 149,944 149,944 + HAZARD MITIGATION. + TOTAL 5,324,487 5,384,987 + PROCUREMENT, + DEFENSE-WIDE. + + TOTAL 130,684,160 132,844,847 + PROCUREMENT. +------------------------------------------------------------------------ + +SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. + +------------------------------------------------------------------------ +SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands + of Dollars) +------------------------------------------------------------------------- + FY 2021 House + Line Item Request Authorized +------------------------------------------------------------------------ + AIRCRAFT PROCUREMENT, + ARMY + ROTARY +009 AH-64 APACHE BLOCK 69,154 64,354 + IIIB NEW BUILD. + Unjustified costs [-4,800] +014 CH-47 HELICOPTER..... 50,472 50,472 + MODIFICATION OF + AIRCRAFT +017 MQ-1 PAYLOAD (MIP)... 5,968 5,968 +020 MULTI SENSOR ABN 122,520 122,520 + RECON (MIP). +025 EMARSS SEMA MODS 26,460 26,460 + (MIP). +030 DEGRADED VISUAL 1,916 1,916 + ENVIRONMENT. + GROUND SUPPORT + AVIONICS +037 CMWS................. 149,162 149,162 +038 COMMON INFRARED 32,400 32,400 + COUNTERMEASURES + (CIRCM). + OTHER SUPPORT +041 AIRCREW INTEGRATED 3,028 3,028 + SYSTEMS. + TOTAL AIRCRAFT 461,080 456,280 + PROCUREMENT, + ARMY. + + MISSILE PROCUREMENT, + ARMY + SURFACE-TO-AIR + MISSILE SYSTEM +002 M-SHORAD--PROCUREMENT 158,300 158,300 +003 MSE MISSILE.......... 176,585 176,585 + AIR-TO-SURFACE + MISSILE SYSTEM +006 HELLFIRE SYS SUMMARY. 236,265 236,265 + ANTI-TANK/ASSAULT + MISSILE SYS +011 GUIDED MLRS ROCKET 127,015 127,015 + (GMLRS). +015 LETHAL MINIATURE 84,993 84,993 + AERIAL MISSILE + SYSTEM (LMAMS. + MODIFICATIONS +017 ATACMS MODS.......... 78,434 78,434 +022 MLRS MODS............ 20,000 20,000 + TOTAL MISSILE 881,592 881,592 + PROCUREMENT, + ARMY. + + PROCUREMENT OF W&TCV, + ARMY + WEAPONS & OTHER + COMBAT VEHICLES +016 MULTI-ROLE ANTI-ARMOR 4,765 4,765 + ANTI-PERSONNEL + WEAPON S. +018 MORTAR SYSTEMS....... 10,460 10,460 + TOTAL 15,225 15,225 + PROCUREMENT OF + W&TCV, ARMY. + + PROCUREMENT OF + AMMUNITION, ARMY + SMALL/MEDIUM CAL + AMMUNITION +001 CTG, 5.56MM, ALL 567 567 + TYPES. +002 CTG, 7.62MM, ALL 40 40 + TYPES. +004 CTG, HANDGUN, ALL 17 17 + TYPES. +005 CTG, .50 CAL, ALL 189 189 + TYPES. +008 CTG, 30MM, ALL TYPES. 24,900 24,900 + ARTILLERY AMMUNITION +016 PROJ 155MM EXTENDED 29,213 29,213 + RANGE M982. +017 ARTILLERY 21,675 21,675 + PROPELLANTS, FUZES + AND PRIMERS, ALL. + ROCKETS +020 SHOULDER LAUNCHED 176 176 + MUNITIONS, ALL TYPES. +021 ROCKET, HYDRA 70, ALL 33,880 33,880 + TYPES. + MISCELLANEOUS +029 ITEMS LESS THAN $5 11 11 + MILLION (AMMO). + TOTAL 110,668 110,668 + PROCUREMENT OF + AMMUNITION, ARMY. + + OTHER PROCUREMENT, + ARMY + TACTICAL VEHICLES +013 FAMILY OF HEAVY 6,500 6,500 + TACTICAL VEHICLES + (FHTV). +014 PLS ESP.............. 15,163 15,163 +017 TACTICAL WHEELED 27,066 27,066 + VEHICLE PROTECTION + KITS. + COMM--SATELLITE + COMMUNICATIONS +030 TRANSPORTABLE 2,700 2,700 + TACTICAL COMMAND + COMMUNICATIONS. +032 ASSURED POSITIONING, 12,566 12,566 + NAVIGATION AND + TIMING. +033 SMART-T (SPACE)...... 289 289 +034 GLOBAL BRDCST SVC-- 319 319 + GBS. + COMM--COMBAT + COMMUNICATIONS +045 FAMILY OF MED COMM 1,257 1,257 + FOR COMBAT CASUALTY + CARE. + COMM--INTELLIGENCE + COMM +048 CI AUTOMATION 1,230 1,230 + ARCHITECTURE (MIP). + INFORMATION SECURITY +052 COMMUNICATIONS 128 128 + SECURITY (COMSEC). + COMM--BASE + COMMUNICATIONS +058 INFORMATION SYSTEMS.. 15,277 15,277 +062 INSTALLATION INFO 74,004 74,004 + INFRASTRUCTURE MOD + PROGRAM. + ELECT EQUIP--TACT INT + REL ACT (TIARA) +068 DCGS-A (MIP)......... 47,709 47,709 +070 TROJAN (MIP)......... 1,766 1,766 +071 MOD OF IN-SVC EQUIP 61,450 61,450 + (INTEL SPT) (MIP). +073 BIOMETRIC TACTICAL 12,337 12,337 + COLLECTION DEVICES + (MIP). + ELECT EQUIP-- + ELECTRONIC WARFARE + (EW) +080 FAMILY OF PERSISTENT 44,293 44,293 + SURVEILLANCE CAP. + (MIP). +081 COUNTERINTELLIGENCE/ 49,100 49,100 + SECURITY + COUNTERMEASURES. + ELECT EQUIP--TACTICAL + SURV. (TAC SURV) +083 SENTINEL MODS........ 33,496 33,496 +084 NIGHT VISION DEVICES. 643 643 +087 RADIATION MONITORING 11 11 + SYSTEMS. +088 INDIRECT FIRE 37,000 37,000 + PROTECTION FAMILY OF + SYSTEMS. +094 COMPUTER BALLISTICS: 280 280 + LHMBC XM32. +095 MORTAR FIRE CONTROL 13,672 13,672 + SYSTEM. + ELECT EQUIP--TACTICAL + C2 SYSTEMS +100 AIR & MSL DEFENSE 15,143 15,143 + PLANNING & CONTROL + SYS. + ELECT EQUIP-- + AUTOMATION +109 ARMY TRAINING 4,688 4,688 + MODERNIZATION. +110 AUTOMATED DATA 16,552 16,552 + PROCESSING EQUIP. + CHEMICAL DEFENSIVE + EQUIPMENT +121 FAMILY OF NON-LETHAL 25,480 25,480 + EQUIPMENT (FNLE). +122 BASE DEFENSE SYSTEMS 98,960 98,960 + (BDS). +123 CBRN DEFENSE......... 18,887 18,887 + BRIDGING EQUIPMENT +125 TACTICAL BRIDGING.... 50,400 50,400 + ENGINEER (NON- + CONSTRUCTION) + EQUIPMENT +137 RENDER SAFE SETS KITS 84,000 84,000 + OUTFITS. + COMBAT SERVICE + SUPPORT EQUIPMENT +140 HEATERS AND ECU'S.... 370 370 +142 PERSONNEL RECOVERY 3,721 3,721 + SUPPORT SYSTEM + (PRSS). +145 FORCE PROVIDER....... 56,400 56,400 +146 FIELD FEEDING 2,279 2,279 + EQUIPMENT. +147 CARGO AERIAL DEL & 2,040 2,040 + PERSONNEL PARACHUTE + SYSTEM. + PETROLEUM EQUIPMENT +150 DISTRIBUTION SYSTEMS, 4,374 4,374 + PETROLEUM & WATER. + MEDICAL EQUIPMENT +151 COMBAT SUPPORT 6,390 6,390 + MEDICAL. + MAINTENANCE EQUIPMENT +152 MOBILE MAINTENANCE 7,769 7,769 + EQUIPMENT SYSTEMS. +153 ITEMS LESS THAN $5.0M 184 184 + (MAINT EQ). + CONSTRUCTION + EQUIPMENT +156 LOADERS.............. 3,190 3,190 +157 HYDRAULIC EXCAVATOR.. 7,600 7,600 +158 TRACTOR, FULL TRACKED 7,450 7,450 +160 HIGH MOBILITY 3,703 3,703 + ENGINEER EXCAVATOR + (HMEE). +162 CONST EQUIP ESP...... 657 657 + GENERATORS +167 GENERATORS AND 106 106 + ASSOCIATED EQUIP. + MATERIAL HANDLING + EQUIPMENT +169 FAMILY OF FORKLIFTS.. 1,885 1,885 + OTHER SUPPORT + EQUIPMENT +180 RAPID EQUIPPING 8,500 8,500 + SOLDIER SUPPORT + EQUIPMENT. +181 PHYSICAL SECURITY 3,248 3,248 + SYSTEMS (OPA3). +185 BUILDING, PRE-FAB, 31,845 31,845 + RELOCATABLE. + TOTAL OTHER 924,077 924,077 + PROCUREMENT, + ARMY. + + AIRCRAFT PROCUREMENT, + NAVY + OTHER AIRCRAFT +024 STUASL0 UAV.......... 7,921 7,921 + MODIFICATION OF + AIRCRAFT +053 COMMON ECM EQUIPMENT. 3,474 3,474 +055 COMMON DEFENSIVE 3,339 3,339 + WEAPON SYSTEM. +064 QRC.................. 18,507 18,507 + TOTAL AIRCRAFT 33,241 33,241 + PROCUREMENT, + NAVY. + + WEAPONS PROCUREMENT, + NAVY + TACTICAL MISSILES +012 HELLFIRE............. 5,572 5,572 + TOTAL WEAPONS 5,572 5,572 + PROCUREMENT, + NAVY. + + PROCUREMENT OF AMMO, + NAVY & MC + NAVY AMMUNITION +001 GENERAL PURPOSE BOMBS 8,068 8,068 +002 JDAM................. 15,529 15,529 +003 AIRBORNE ROCKETS, ALL 23,000 23,000 + TYPES. +004 MACHINE GUN 22,600 22,600 + AMMUNITION. +006 CARTRIDGES & CART 3,927 3,927 + ACTUATED DEVICES. +007 AIR EXPENDABLE 15,978 15,978 + COUNTERMEASURES. +008 JATOS................ 2,100 2,100 +011 OTHER SHIP GUN 2,611 2,611 + AMMUNITION. +012 SMALL ARMS & LANDING 1,624 1,624 + PARTY AMMO. +013 PYROTECHNIC AND 505 505 + DEMOLITION. + TOTAL 95,942 95,942 + PROCUREMENT OF + AMMO, NAVY & MC. + + OTHER PROCUREMENT, + NAVY + SMALL BOATS +028 STANDARD BOATS....... 19,104 19,104 + OTHER SHIP SUPPORT +035 SMALL & MEDIUM UUV... 2,946 2,946 + ASW ELECTRONIC + EQUIPMENT +043 FIXED SURVEILLANCE 213,000 213,000 + SYSTEM. + SONOBUOYS +092 SONOBUOYS--ALL TYPES. 26,196 26,196 + AIRCRAFT SUPPORT + EQUIPMENT +095 AIRCRAFT SUPPORT 60,217 60,217 + EQUIPMENT. + OTHER ORDNANCE + SUPPORT EQUIPMENT +110 EXPLOSIVE ORDNANCE 2,124 2,124 + DISPOSAL EQUIP. + CIVIL ENGINEERING + SUPPORT EQUIPMENT +115 PASSENGER CARRYING 177 177 + VEHICLES. +116 GENERAL PURPOSE 416 416 + TRUCKS. +118 FIRE FIGHTING 801 801 + EQUIPMENT. + SUPPLY SUPPORT + EQUIPMENT +125 FIRST DESTINATION 520 520 + TRANSPORTATION. + TRAINING DEVICES +128 TRAINING AND 11,500 11,500 + EDUCATION EQUIPMENT. + COMMAND SUPPORT + EQUIPMENT +130 MEDICAL SUPPORT 3,525 3,525 + EQUIPMENT. +136 PHYSICAL SECURITY 3,000 3,000 + EQUIPMENT. + TOTAL OTHER 343,526 343,526 + PROCUREMENT, + NAVY. + + PROCUREMENT, MARINE + CORPS + GUIDED MISSILES +012 GUIDED MLRS ROCKET 17,456 17,456 + (GMLRS). + OTHER SUPPORT (TEL) +015 MODIFICATION KITS.... 4,200 4,200 + INTELL/COMM EQUIPMENT + (NON-TEL) +022 INTELLIGENCE SUPPORT 10,124 10,124 + EQUIPMENT. + TACTICAL VEHICLES +038 MOTOR TRANSPORT 16,183 16,183 + MODIFICATIONS. + TOTAL 47,963 47,963 + PROCUREMENT, + MARINE CORPS. + + AIRCRAFT PROCUREMENT, + AIR FORCE + HELICOPTERS +013 COMBAT RESCUE 174,000 174,000 + HELICOPTER. + OTHER AIRCRAFT +020 MQ-9................. 142,490 142,490 +021 RQ-20B PUMA.......... 13,770 13,770 + STRATEGIC AIRCRAFT +026 LARGE AIRCRAFT 57,521 57,521 + INFRARED + COUNTERMEASURES. + OTHER AIRCRAFT +046 U-2 MODS............. 9,600 9,600 +055 COMPASS CALL......... 12,800 12,800 +066 HC/MC-130 58,020 58,020 + MODIFICATIONS. +069 MQ-9 UAS PAYLOADS.... 46,100 63,500 + WAMI combat loss [17,400] + replacement. +070 CV-22 MODS........... 6,290 6,290 + AIRCRAFT SPARES AND + REPAIR PARTS +071 INITIAL SPARES/REPAIR 10,700 10,700 + PARTS. +072 MQ-9................. 12,250 12,250 + COMMON SUPPORT + EQUIPMENT +073 AIRCRAFT REPLACEMENT 25,614 25,614 + SUPPORT EQUIP. + TOTAL AIRCRAFT 569,155 586,555 + PROCUREMENT, AIR + FORCE. + + MISSILE PROCUREMENT, + AIR FORCE + TACTICAL +004 JOINT AIR-SURFACE 30,000 30,000 + STANDOFF MISSILE. +008 PREDATOR HELLFIRE 143,420 143,420 + MISSILE. +009 SMALL DIAMETER BOMB.. 50,352 50,352 + TOTAL MISSILE 223,772 223,772 + PROCUREMENT, AIR + FORCE. + + PROCUREMENT OF + AMMUNITION, AIR + FORCE + ROCKETS +001 ROCKETS.............. 19,489 19,489 + CARTRIDGES +002 CARTRIDGES........... 40,434 40,434 + BOMBS +004 GENERAL PURPOSE BOMBS 369,566 369,566 +006 JOINT DIRECT ATTACK 237,723 237,723 + MUNITION. + FLARES +015 FLARES............... 21,171 21,171 + FUZES +016 FUZES................ 107,855 107,855 + SMALL ARMS +017 SMALL ARMS........... 6,217 6,217 + TOTAL 802,455 802,455 + PROCUREMENT OF + AMMUNITION, AIR + FORCE. + + OTHER PROCUREMENT, + AIR FORCE + PASSENGER CARRYING + VEHICLES +001 PASSENGER CARRYING 1,302 1,302 + VEHICLES. + CARGO AND UTILITY + VEHICLES +002 MEDIUM TACTICAL 3,400 3,400 + VEHICLE. +004 CARGO AND UTILITY 12,475 12,475 + VEHICLES. + SPECIAL PURPOSE + VEHICLES +005 JOINT LIGHT TACTICAL 26,150 26,150 + VEHICLE. +007 SPECIAL PURPOSE 51,254 51,254 + VEHICLES. + FIRE FIGHTING + EQUIPMENT +008 FIRE FIGHTING/CRASH 24,903 24,903 + RESCUE VEHICLES. + MATERIALS HANDLING + EQUIPMENT +009 MATERIALS HANDLING 14,167 14,167 + VEHICLES. + BASE MAINTENANCE + SUPPORT +010 RUNWAY SNOW REMOV AND 5,759 5,759 + CLEANING EQU. +011 BASE MAINTENANCE 20,653 20,653 + SUPPORT VEHICLES. + SPCL COMM-ELECTRONICS + PROJECTS +026 GENERAL INFORMATION 5,100 5,100 + TECHNOLOGY. +030 AIR FORCE PHYSICAL 56,496 56,496 + SECURITY SYSTEM. + ORGANIZATION AND BASE +049 BASE COMM 30,717 30,717 + INFRASTRUCTURE. + BASE SUPPORT + EQUIPMENT +055 ENGINEERING AND EOD 13,172 13,172 + EQUIPMENT. +056 MOBILITY EQUIPMENT... 33,694 33,694 +057 FUELS SUPPORT 1,777 1,777 + EQUIPMENT (FSE). +058 BASE MAINTENANCE AND 31,620 31,620 + SUPPORT EQUIPMENT. + SPECIAL SUPPORT + PROJECTS +061 DCGS-AF.............. 18,700 18,700 + SPARES AND REPAIR + PARTS +065 SPARES AND REPAIR 4,000 4,000 + PARTS. + TOTAL OTHER 355,339 355,339 + PROCUREMENT, AIR + FORCE. + + PROCUREMENT, DEFENSE- + WIDE + MAJOR EQUIPMENT, DISA +016 DEFENSE INFORMATION 6,120 6,120 + SYSTEM NETWORK. + MAJOR EQUIPMENT, + DEFENSE THREAT + REDUCTION AGENCY +030 COUNTER IMPROVISED 2,540 2,540 + THREAT TECHNOLOGIES. + CLASSIFIED PROGRAMS +54A CLASSIFIED PROGRAMS.. 3,500 3,500 + AVIATION PROGRAMS +056 MANNED ISR........... 5,000 45,100 + Combat loss [40,100] + replacement--DHC- + 8. +057 MC-12................ 5,000 5,000 +060 UNMANNED ISR......... 8,207 8,207 + AMMUNITION PROGRAMS +070 ORDNANCE ITEMS <$5M.. 105,355 105,355 + OTHER PROCUREMENT + PROGRAMS +071 INTELLIGENCE SYSTEMS. 16,234 16,234 +073 OTHER ITEMS <$5M..... 984 984 +076 TACTICAL VEHICLES.... 2,990 2,990 +077 WARRIOR SYSTEMS <$5M. 32,573 37,573 + Development of [5,000] + autonomous, multi- + sensor cUAS + capabilities with + kinetic effects. +078 COMBAT MISSION 10,000 10,000 + REQUIREMENTS. +080 OPERATIONAL 6,724 6,724 + ENHANCEMENTS + INTELLIGENCE. +081 OPERATIONAL 53,264 53,264 + ENHANCEMENTS. + TOTAL 258,491 303,591 + PROCUREMENT, + DEFENSE-WIDE. + + NATIONAL GUARD AND + RESERVE EQUIPMENT + ACCOUNT + UNDISTRIBUTED +007 UNDISTRIBUTED........ 150,000 + Program increase. [150,000] + TOTAL NATIONAL 150,000 + GUARD AND + RESERVE + EQUIPMENT + ACCOUNT. + TOTAL NATIONAL 150,000 + GUARD AND + RESERVE + EQUIPMENT. + + TOTAL 5,128,098 5,485,798 + PROCUREMENT. +------------------------------------------------------------------------ + + TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + +SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. + +---------------------------------------------------------------------------------------------------------------- + SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + FY 2021 House + Line Program Element Item Request Authorized +---------------------------------------------------------------------------------------------------------------- + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, ARMY + .................................. BASIC RESEARCH + 002 0601102A DEFENSE RESEARCH SCIENCES......... 303,257 308,257 + .................................. Counter-UAS Army research lab. [5,000] + 003 0601103A UNIVERSITY RESEARCH INITIATIVES... 67,148 67,148 + 004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 87,877 96,877 + CENTERS. + .................................. Automotive research center [5,000] + modeling and simulation. + .................................. Biotechnology advancements.... [4,000] + 005 0601121A CYBER COLLABORATIVE RESEARCH 5,077 5,077 + ALLIANCE. + .................................. SUBTOTAL BASIC RESEARCH........ 463,359 477,359 + .................................. + .................................. APPLIED RESEARCH + 007 0602115A BIOMEDICAL TECHNOLOGY............. 11,835 11,835 + 011 0602134A COUNTER IMPROVISED-THREAT ADVANCED 2,000 2,000 + STUDIES. + 012 0602141A LETHALITY TECHNOLOGY.............. 42,425 47,425 + .................................. Next generation additive [5,000] + manufacturing and 3-D printed + electronics. + 013 0602142A ARMY APPLIED RESEARCH............. 30,757 30,757 + 014 0602143A SOLDIER LETHALITY TECHNOLOGY...... 125,435 132,435 + .................................. HEROES program increase....... [5,000] + .................................. Syn-bio enabled functional [2,000] + materials for the soldier. + 015 0602144A GROUND TECHNOLOGY................. 28,047 45,047 + .................................. Cold weather military research [2,000] + .................................. Materials recovery [10,000] + technologies for defense + supply resiliency. + .................................. Polymeric composites via cold [5,000] + spray additive manufacturing. + 016 0602145A NEXT GENERATION COMBAT VEHICLE 217,565 217,565 + TECHNOLOGY. + 017 0602146A NETWORK C3I TECHNOLOGY............ 114,404 129,404 + .................................. Alternative positioning [5,000] + navigation and timing. + .................................. Multi-drone/multi-sensor [2,000] + intelligence, surveillance, + and reconnaissance + capabilities. + .................................. Program increase.............. [5,000] + .................................. Sensor and electronic network [3,000] + initatives. + 018 0602147A LONG RANGE PRECISION FIRES 60,553 60,553 + TECHNOLOGY. + 019 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 96,484 101,484 + .................................. High density eVOTL power [5,000] + source research. + 020 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 56,298 76,298 + .................................. Advanced tracking and [5,000] + targeting capability. + .................................. High energy laser technology.. [5,000] + .................................. Radar research................ [5,000] + .................................. UAS threat detection.......... [5,000] + 022 0602213A C3I APPLIED CYBER................. 18,816 18,816 + 040 0602785A MANPOWER/PERSONNEL/TRAINING 20,766 20,766 + TECHNOLOGY. + 042 0602787A MEDICAL TECHNOLOGY................ 95,496 95,496 + .................................. SUBTOTAL APPLIED RESEARCH...... 920,881 989,881 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 044 0603002A MEDICAL ADVANCED TECHNOLOGY....... 38,896 38,896 + 049 0603007A MANPOWER, PERSONNEL AND TRAINING 11,659 11,659 + ADVANCED TECHNOLOGY. + 052 0603115A MEDICAL DEVELOPMENT............... 27,723 27,723 + 053 0603117A ARMY ADVANCED TECHNOLOGY 62,663 62,663 + DEVELOPMENT. + 054 0603118A SOLDIER LETHALITY ADVANCED 109,608 118,608 + TECHNOLOGY. + .................................. Advanced AI/AA analytics for [5,000] + modernization and readiness. + .................................. Anthropomorphic study for body [4,000] + armor modernization. + 055 0603119A GROUND ADVANCED TECHNOLOGY........ 14,795 23,295 + .................................. Rapid entry and sustainment [5,000] + for the arctic. + .................................. Survivability and energy [3,500] + reduction of hard shelters. + 059 0603134A COUNTER IMPROVISED-THREAT 25,000 25,000 + SIMULATION. + 063 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 23,357 23,357 + 064 0603461A HIGH PERFORMANCE COMPUTING 188,024 188,024 + MODERNIZATION PROGRAM. + 065 0603462A NEXT GENERATION COMBAT VEHICLE 199,358 216,358 + ADVANCED TECHNOLOGY. + .................................. Cyber security support for [2,000] + vehicle development. + .................................. Fuel cell powered vehicle [15,000] + development. + 066 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 158,608 163,608 + .................................. Tactical geospatial [5,000] + information development. + 067 0603464A LONG RANGE PRECISION FIRES 121,060 131,060 + ADVANCED TECHNOLOGY. + .................................. Hypervelocity projectile...... [10,000] + 068 0603465A FUTURE VERTICAL LIFT ADVANCED 156,194 156,194 + TECHNOLOGY. + 069 0603466A AIR AND MISSILE DEFENSE ADVANCED 58,130 63,130 + TECHNOLOGY. + .................................. Program acceleration.......... [5,000] + 077 0603920A HUMANITARIAN DEMINING............. 8,515 8,515 + .................................. SUBTOTAL ADVANCED TECHNOLOGY 1,203,590 1,258,090 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 078 0603305A ARMY MISSLE DEFENSE SYSTEMS 11,062 21,062 + INTEGRATION. + .................................. Accelerated test and [10,000] + integration. + 079 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 26,230 26,230 + 080 0603327A AIR AND MISSILE DEFENSE SYSTEMS 26,482 26,482 + ENGINEERING. + 081 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,092 66,092 + DEV. + .................................. MICLIC replacement development [2,000] + 083 0603639A TANK AND MEDIUM CALIBER AMMUNITION 92,753 92,753 + 084 0603645A ARMORED SYSTEM MODERNIZATION--ADV 151,478 163,978 + DEV. + .................................. Fuel cell powered vehicle [15,000] + development. + .................................. Modeling and simulation [12,500] + support for vehicle + development. + .................................. Program decrease.............. [-15,000] + 085 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 5,841 5,841 + 086 0603766A TACTICAL ELECTRONIC SURVEILLANCE 194,775 194,775 + SYSTEM--ADV DEV. + 087 0603774A NIGHT VISION SYSTEMS ADVANCED 24,316 24,316 + DEVELOPMENT. + 088 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 13,387 13,387 + DEM/VAL. + 089 0603790A NATO RESEARCH AND DEVELOPMENT..... 4,762 4,762 + 090 0603801A AVIATION--ADV DEV................. 647,937 647,937 + 091 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 4,761 4,761 + ADV DEV. + 092 0603807A MEDICAL SYSTEMS--ADV DEV.......... 28,520 28,520 + 093 0603827A SOLDIER SYSTEMS--ADVANCED 26,138 23,138 + DEVELOPMENT. + .................................. IHPS program delays........... [-3,000] + 094 0604017A ROBOTICS DEVELOPMENT.............. 121,207 115,407 + .................................. Program reduction............. [-5,800] + 096 0604021A ELECTRONIC WARFARE TECHNOLOGY 22,840 22,840 + MATURATION (MIP). + 097 0604035A LOW EARTH ORBIT (LEO) SATELLITE 22,678 22,678 + CAPABILITY. + 098 0604100A ANALYSIS OF ALTERNATIVES.......... 10,082 10,082 + 099 0604101A SMALL UNMANNED AERIAL VEHICLE 1,378 1,378 + (SUAV) (6.4). + 100 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,083 40,083 + SYSTEM (FTUAS). + 101 0604114A LOWER TIER AIR MISSILE DEFENSE 376,373 376,373 + (LTAMD) SENSOR. + 102 0604115A TECHNOLOGY MATURATION INITIATIVES. 156,834 156,834 + 103 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 4,995 4,995 + (M-SHORAD). + 105 0604119A ARMY ADVANCED COMPONENT 170,490 170,490 + DEVELOPMENT & PROTOTYPING. + 106 0604120A ASSURED POSITIONING, NAVIGATION 128,125 128,125 + AND TIMING (PNT). + 107 0604121A SYNTHETIC TRAINING ENVIRONMENT 129,547 129,547 + REFINEMENT & PROTOTYPING. + 108 0604134A COUNTER IMPROVISED-THREAT 13,831 13,831 + DEMONSTRATION, PROTOTYPE + DEVELOPMENT, AND TESTING. + 109 0604182A HYPERSONICS....................... 801,417 811,417 + .................................. Program increase.............. [10,000] + 111 0604403A FUTURE INTERCEPTOR................ 7,992 7,992 + 112 0604541A UNIFIED NETWORK TRANSPORT......... 40,677 40,677 + 115 0305251A CYBERSPACE OPERATIONS FORCES AND 50,525 50,525 + FORCE SUPPORT. + .................................. SUBTOTAL ADVANCED COMPONENT 3,421,608 3,447,308 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 118 0604201A AIRCRAFT AVIONICS................. 2,764 2,764 + 119 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 62,426 62,426 + 121 0604601A INFANTRY SUPPORT WEAPONS.......... 91,574 98,574 + .................................. Advanced gunner protection kit [2,000] + development. + .................................. Soldier Enhancement Program... [5,000] + 122 0604604A MEDIUM TACTICAL VEHICLES.......... 8,523 8,523 + 123 0604611A JAVELIN........................... 7,493 7,493 + 124 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 24,792 24,792 + 125 0604633A AIR TRAFFIC CONTROL............... 3,511 3,511 + 126 0604642A LIGHT TACTICAL WHEELED VEHICLES... 1,976 1,976 + 127 0604645A ARMORED SYSTEMS MODERNIZATION 135,488 135,488 + (ASM)--ENG DEV. + 128 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 61,445 61,445 + 129 0604713A COMBAT FEEDING, CLOTHING, AND 2,814 2,814 + EQUIPMENT. + 130 0604715A NON-SYSTEM TRAINING DEVICES--ENG 28,036 28,036 + DEV. + 131 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,651 39,651 + INTELLIGENCE--ENG DEV. + .................................. Army identified funds excess [-4,000] + to need. + 132 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 10,150 10,150 + DEVELOPMENT. + 133 0604746A AUTOMATIC TEST EQUIPMENT 5,578 5,578 + DEVELOPMENT. + 134 0604760A DISTRIBUTIVE INTERACTIVE 7,892 7,892 + SIMULATIONS (DIS)--ENG DEV. + 135 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 24,975 24,975 + (BAT). + 136 0604780A COMBINED ARMS TACTICAL TRAINER 3,568 3,568 + (CATT) CORE. + 137 0604798A BRIGADE ANALYSIS, INTEGRATION AND 19,268 19,268 + EVALUATION. + 138 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 265,811 265,811 + 139 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 49,694 49,694 + ENG DEV. + 140 0604805A COMMAND, CONTROL, COMMUNICATIONS 11,079 11,079 + SYSTEMS--ENG DEV. + 141 0604807A MEDICAL MATERIEL/MEDICAL 49,870 49,870 + BIOLOGICAL DEFENSE EQUIPMENT--ENG + DEV. + 142 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 9,589 9,589 + 143 0604818A ARMY TACTICAL COMMAND & CONTROL 162,513 152,513 + HARDWARE & SOFTWARE. + .................................. Command post integrated [-10,000] + infrastructure contract delay. + 144 0604820A RADAR DEVELOPMENT................. 109,259 109,259 + 145 0604822A GENERAL FUND ENTERPRISE BUSINESS 21,201 21,201 + SYSTEM (GFEBS). + 146 0604823A FIREFINDER........................ 20,008 16,808 + .................................. Prior year carry-over......... [-3,200] + 147 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,534 6,534 + 148 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 82,459 109,380 + SYSTEMS--EMD. + .................................. Prior year carry-over......... [-5,079] + .................................. Program increase for vehicle [32,000] + protection systems. + 149 0604854A ARTILLERY SYSTEMS--EMD............ 11,611 11,611 + 150 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 142,678 137,678 + .................................. Reprioritization.............. [-5,000] + 151 0605018A INTEGRATED PERSONNEL AND PAY 115,286 115,286 + SYSTEM-ARMY (IPPS-A). + 152 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,594 76,594 + (AMPV). + .................................. Army identified funds excess [-20,000] + to need. + 154 0605030A JOINT TACTICAL NETWORK CENTER 16,264 16,264 + (JTNC). + 155 0605031A JOINT TACTICAL NETWORK (JTN)...... 31,696 31,696 + 157 0605033A GROUND-BASED OPERATIONAL 5,976 5,976 + SURVEILLANCE SYSTEM-- + EXPEDITIONARY (GBOSS-E). + 159 0605035A COMMON INFRARED COUNTERMEASURES 23,321 28,321 + (CIRCM). + .................................. AI virtual training [5,000] + environments. + 161 0605038A NUCLEAR BIOLOGICAL CHEMICAL 4,846 4,846 + RECONNAISSANCE VEHICLE (NBCRV) + SENSOR SUITE. + 162 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 28,544 28,544 + 163 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,178 28,178 + (LOW-TIER). + 164 0605047A CONTRACT WRITING SYSTEM........... 22,860 22,860 + 166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 35,893 35,893 + 167 0605052A INDIRECT FIRE PROTECTION 235,770 187,970 + CAPABILITY INC 2--BLOCK 1. + .................................. Army identified funds excess [-47,800] + to need. + 168 0605053A GROUND ROBOTICS................... 13,710 13,710 + 169 0605054A EMERGING TECHNOLOGY INITIATIVES... 294,739 284,739 + .................................. Program decrease.............. [-10,000] + 170 0605145A MEDICAL PRODUCTS AND SUPPORT 954 954 + SYSTEMS DEVELOPMENT. + 171 0605203A ARMY SYSTEM DEVELOPMENT & 150,201 150,201 + DEMONSTRATION. + 172 0605205A SMALL UNMANNED AERIAL VEHICLE 5,999 5,999 + (SUAV) (6.5). + 174 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 8,891 8,891 + 175 0605457A ARMY INTEGRATED AIR AND MISSILE 193,929 193,929 + DEFENSE (AIAMD). + 176 0605625A MANNED GROUND VEHICLE............. 327,732 244,732 + .................................. Army identified funds excess [-83,000] + to need. + 177 0605766A NATIONAL CAPABILITIES INTEGRATION 7,670 7,670 + (MIP). + 178 0605812A JOINT LIGHT TACTICAL VEHICLE 1,742 1,742 + (JLTV) ENGINEERING AND + MANUFACTURING DEVELOPMENT PH. + 179 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,467 4,467 + .................................. Aircraft cleaning and deicing [3,000] + system development. + 180 0303032A TROJAN--RH12...................... 3,451 3,451 + 183 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 55,855 55,855 + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,199,798 3,058,719 + DEMONSTRATION. + .................................. + .................................. MANAGEMENT SUPPORT + 185 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,515 14,515 + 186 0604258A TARGET SYSTEMS DEVELOPMENT........ 10,668 10,668 + 187 0604759A MAJOR T&E INVESTMENT.............. 106,270 111,270 + .................................. Program increase.............. [5,000] + 188 0605103A RAND ARROYO CENTER................ 13,481 13,481 + 189 0605301A ARMY KWAJALEIN ATOLL.............. 231,824 231,824 + 190 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 54,898 54,898 + 192 0605601A ARMY TEST RANGES AND FACILITIES... 350,359 350,359 + 193 0605602A ARMY TECHNICAL TEST 48,475 62,975 + INSTRUMENTATION AND TARGETS. + .................................. Aviation component testing.... [5,000] + .................................. Testing additive manufacturing [9,500] + technology. + 194 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,001 36,001 + 195 0605606A AIRCRAFT CERTIFICATION............ 2,736 2,736 + 196 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,488 6,488 + ACTIVITIES. + 197 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,859 21,859 + 198 0605709A EXPLOITATION OF FOREIGN ITEMS..... 7,936 7,936 + 199 0605712A SUPPORT OF OPERATIONAL TESTING.... 54,470 54,470 + 200 0605716A ARMY EVALUATION CENTER............ 63,141 63,141 + 201 0605718A ARMY MODELING & SIM X-CMD 2,572 2,572 + COLLABORATION & INTEG. + 202 0605801A PROGRAMWIDE ACTIVITIES............ 87,472 87,472 + 203 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,244 26,244 + 204 0605805A MUNITIONS STANDARDIZATION, 40,133 50,133 + EFFECTIVENESS AND SAFETY. + .................................. Development of polymer-cased [5,000] + ammunition. + .................................. Program acceleration.......... [5,000] + 205 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,780 1,780 + MGMT SUPPORT. + 206 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 55,045 55,045 + R&D - MHA. + 208 0606002A RONALD REAGAN BALLISTIC MISSILE 71,306 71,306 + DEFENSE TEST SITE. + 209 0606003A COUNTERINTEL AND HUMAN INTEL 1,063 1,063 + MODERNIZATION. + 210 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 19,891 19,891 + 211 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,496 4,496 + VULNERABILITIES. + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,333,123 1,362,623 + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + 214 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 10,157 10,157 + 216 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,682 8,682 + 217 0607131A WEAPONS AND MUNITIONS PRODUCT 20,409 20,409 + IMPROVEMENT PROGRAMS. + 219 0607134A LONG RANGE PRECISION FIRES (LRPF). 122,733 56,633 + .................................. Program reduction............. [-66,100] + 221 0607136A BLACKHAWK PRODUCT IMPROVEMENT 11,236 16,236 + PROGRAM. + .................................. Thermoplastic drive shafts.... [5,000] + 222 0607137A CHINOOK PRODUCT IMPROVEMENT 46,091 51,091 + PROGRAM. + .................................. Carbon composite materials for [5,000] + wheels and brakes. + 224 0607139A IMPROVED TURBINE ENGINE PROGRAM... 249,257 249,257 + 225 0607142A AVIATION ROCKET SYSTEM PRODUCT 17,155 17,155 + IMPROVEMENT AND DEVELOPMENT. + 226 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 7,743 7,743 + PRODUCTS. + 227 0607145A APACHE FUTURE DEVELOPMENT......... 77,177 77,177 + 228 0607150A INTEL CYBER DEVELOPMENT........... 14,652 14,652 + 229 0607312A ARMY OPERATIONAL SYSTEMS 35,851 35,851 + DEVELOPMENT. + 230 0607665A FAMILY OF BIOMETRICS.............. 1,324 1,324 + 231 0607865A PATRIOT PRODUCT IMPROVEMENT....... 187,840 187,840 + 232 0203728A JOINT AUTOMATED DEEP OPERATION 44,691 44,691 + COORDINATION SYSTEM (JADOCS). + 233 0203735A COMBAT VEHICLE IMPROVEMENT 268,919 263,252 + PROGRAMS. + .................................. CROWS-J program delay......... [-5,667] + 234 0203743A 155MM SELF-PROPELLED HOWITZER 427,254 290,963 + IMPROVEMENTS. + .................................. Prior year carry-over......... [-6,291] + .................................. Program decrease.............. [-130,000] + 235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 11,688 7,688 + IMPROVEMENT PROGRAMS. + .................................. Early to need................. [-4,000] + 236 0203752A AIRCRAFT ENGINE COMPONENT 80 80 + IMPROVEMENT PROGRAM. + 237 0203758A DIGITIZATION...................... 4,516 4,516 + 238 0203801A MISSILE/AIR DEFENSE PRODUCT 1,288 1,288 + IMPROVEMENT PROGRAM. + 239 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 79,424 19,424 + PROGRAMS. + .................................. Program decrease.............. [-60,000] + 243 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 259 259 + OPERATIONAL SYSTEM DEV. + 244 0205456A LOWER TIER AIR AND MISSILE DEFENSE 166 166 + (AMD) SYSTEM. + 245 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 75,575 75,575 + SYSTEM (GMLRS). + 246 0208053A JOINT TACTICAL GROUND SYSTEM...... 9,510 9,510 + 249 0303140A INFORMATION SYSTEMS SECURITY 29,270 29,270 + PROGRAM. + 250 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 86,908 86,908 + 251 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 18,684 18,684 + 256 0305179A INTEGRATED BROADCAST SERVICE (IBS) 467 467 + 257 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 4,051 4,051 + 258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 13,283 13,283 + 259 0305208A DISTRIBUTED COMMON GROUND/SURFACE 47,204 47,204 + SYSTEMS. + 264 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,012 67,012 + ACTIVITIES. + .................................. 6.8mm projectile development.. [4,000] + .................................. Lightweight film armor [2,000] + development. + 266A 9999999999 CLASSIFIED PROGRAMS............... 3,983 3,983 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 1,998,539 1,742,481 + DEVELOPMENT. + .................................. + .................................. SOFTWARE AND DIGITAL TECHNOLOGY + PILOT PROGRAMS + 267 0608041A DEFENSIVE CYBER--SOFTWARE 46,445 46,445 + PROTOTYPE DEVELOPMENT. + .................................. SUBTOTAL SOFTWARE AND DIGITAL 46,445 46,445 + TECHNOLOGY PILOT PROGRAMS. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 12,587,343 12,382,906 + TEST & EVAL, ARMY. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, NAVY + .................................. BASIC RESEARCH + 001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,816 121,816 + .................................. Navy Defense University [5,000] + Research Instrumentation + program increase. + 002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,113 19,113 + RESEARCH. + 003 0601153N DEFENSE RESEARCH SCIENCES......... 467,158 467,158 + .................................. SUBTOTAL BASIC RESEARCH........ 603,087 608,087 + .................................. + .................................. APPLIED RESEARCH + 004 0602114N POWER PROJECTION APPLIED RESEARCH. 17,792 17,792 + 005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,281 147,281 + .................................. Additive manufacturing of [5,000] + unmanned maritime systems. + .................................. Cyber physical security and [5,000] + resiliency research. + .................................. Expeditionary unmanned systems [5,000] + launch and recovery. + .................................. Talent and technology for [5,000] + power and energy systems. + .................................. Unmanned logistics technology. [5,000] + 006 0602131M MARINE CORPS LANDING FORCE 50,623 50,623 + TECHNOLOGY. + 007 0602235N COMMON PICTURE APPLIED RESEARCH... 48,001 48,001 + 008 0602236N WARFIGHTER SUSTAINMENT APPLIED 67,765 77,765 + RESEARCH. + .................................. High mobility ground robots... [5,000] + .................................. Robotics in complex [5,000] + unstructured environments. + 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 84,994 84,994 + RESEARCH. + 010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,392 73,392 + APPLIED RESEARCH. + .................................. Extreme weather events [5,000] + research. + .................................. Program increase.............. [5,000] + 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,343 6,343 + RESEARCH. + 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 56,397 91,397 + .................................. Academic partnerships for [10,000] + undersea vehicle research. + .................................. Autonomous undersea robotics.. [10,000] + .................................. Cross-domain autonomy for [10,000] + persistent maritime operations. + .................................. Expandable structures for [5,000] + operational effectiveness + research. + 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 167,590 167,590 + RESEARCH. + 014 0602782N MINE AND EXPEDITIONARY WARFARE 30,715 30,715 + APPLIED RESEARCH. + 015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 160,537 160,537 + APPLIED RESEARCH. + 016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 76,745 76,745 + ONR FIELD ACITIVITIES. + .................................. SUBTOTAL APPLIED RESEARCH...... 953,175 1,033,175 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 017 0603123N FORCE PROTECTION ADVANCED 24,410 29,410 + TECHNOLOGY. + .................................. Additive manufacturing........ [5,000] + 018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,008 8,008 + TECHNOLOGY. + 019 0603640M USMC ADVANCED TECHNOLOGY 219,045 249,045 + DEMONSTRATION (ATD). + .................................. Expeditionary autonomous [5,000] + logistics. + .................................. Heavy payload solar powered [20,000] + UAS. + .................................. Modular Advanced Armed Robotic [5,000] + System. + 020 0603651M JOINT NON-LETHAL WEAPONS 13,301 13,301 + TECHNOLOGY DEVELOPMENT. + 021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 246,054 246,054 + TECHNOLOGY DEVELOPMENT. + 022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,122 60,122 + 023 0603729N WARFIGHTER PROTECTION ADVANCED 4,851 4,851 + TECHNOLOGY. + 024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 40,709 40,709 + DEMONSTRATIONS. + 025 0603782N MINE AND EXPEDITIONARY WARFARE 1,948 1,948 + ADVANCED TECHNOLOGY. + 026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 141,948 161,948 + ADVANCED TECHNOLOGY DEVELOPMENT. + .................................. Accelerated railgun technology [20,000] + maturation. + .................................. SUBTOTAL ADVANCED TECHNOLOGY 760,396 815,396 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 027 0603178N MEDIUM AND LARGE UNMANNED SURFACE 464,042 270,442 + VEHICLES (USVS). + .................................. EPF conversion to LUSV [45,000] + prototype. + .................................. Two additional Overlord [-238,600] + vessels excess to need. + 028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 35,386 35,386 + 029 0603216N AVIATION SURVIVABILITY............ 13,428 13,428 + 030 0603239N ISO NAVAL CONSTRUCTION FORCES..... 2,350 2,350 + 031 0603251N AIRCRAFT SYSTEMS.................. 418 418 + 032 0603254N ASW SYSTEMS DEVELOPMENT........... 15,719 15,719 + 033 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,411 3,411 + 034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 70,218 70,218 + 035 0603502N SURFACE AND SHALLOW WATER MINE 52,358 52,358 + COUNTERMEASURES. + 036 0603506N SURFACE SHIP TORPEDO DEFENSE...... 12,816 12,816 + 037 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,559 7,559 + 038 0603525N PILOT FISH........................ 358,757 278,557 + .................................. Excess cost growth............ [-25,000] + .................................. Program adjustment............ [-55,200] + 039 0603527N RETRACT LARCH..................... 12,562 12,562 + 040 0603536N RETRACT JUNIPER................... 148,000 148,000 + 041 0603542N RADIOLOGICAL CONTROL.............. 778 778 + 042 0603553N SURFACE ASW....................... 1,161 1,161 + 043 0603561N ADVANCED SUBMARINE SYSTEM 185,356 90,356 + DEVELOPMENT. + .................................. Excessive accelerated [-28,200] + development. + .................................. Project 1 insufficient budget [-66,800] + justification. + 044 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,528 10,528 + 045 0603563N SHIP CONCEPT ADVANCED DESIGN...... 126,396 136,396 + .................................. Expeditionary sustainment and [5,000] + repair-related technologies. + .................................. Polymorphic build farm for [5,000] + open source technologies. + 046 0603564N SHIP PRELIMINARY DESIGN & 70,270 70,270 + FEASIBILITY STUDIES. + 047 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 149,188 149,188 + 048 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 38,449 38,449 + 049 0603576N CHALK EAGLE....................... 71,181 71,181 + 050 0603581N LITTORAL COMBAT SHIP (LCS)........ 32,178 32,178 + 051 0603582N COMBAT SYSTEM INTEGRATION......... 17,843 17,843 + 052 0603595N OHIO REPLACEMENT.................. 317,196 317,196 + 053 0603596N LCS MISSION MODULES............... 67,875 67,875 + 054 0603597N AUTOMATED TEST AND ANALYSIS....... 4,797 4,797 + 055 0603599N FRIGATE DEVELOPMENT............... 82,309 82,309 + 056 0603609N CONVENTIONAL MUNITIONS............ 9,922 9,922 + 057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 189,603 182,603 + SYSTEM. + .................................. Program delay................. [-7,000] + 058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 43,084 43,084 + DEVELOPMENT. + 059 0603713N OCEAN ENGINEERING TECHNOLOGY 6,346 6,346 + DEVELOPMENT. + 060 0603721N ENVIRONMENTAL PROTECTION.......... 20,601 20,601 + 061 0603724N NAVY ENERGY PROGRAM............... 23,422 23,422 + 062 0603725N FACILITIES IMPROVEMENT............ 4,664 4,664 + 063 0603734N CHALK CORAL....................... 545,763 520,763 + .................................. Excess cost growth............ [-25,000] + 064 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,884 3,884 + 065 0603746N RETRACT MAPLE..................... 353,226 353,226 + 066 0603748N LINK PLUMERIA..................... 544,388 519,388 + .................................. Excess cost growth............ [-25,000] + 067 0603751N RETRACT ELM....................... 86,730 86,730 + 068 0603764M LINK EVERGREEN.................... 236,234 236,234 + 070 0603790N NATO RESEARCH AND DEVELOPMENT..... 6,880 6,880 + 071 0603795N LAND ATTACK TECHNOLOGY............ 10,578 10,578 + 072 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,435 28,435 + 073 0603860N JOINT PRECISION APPROACH AND 33,612 33,612 + LANDING SYSTEMS--DEM/VAL. + 074 0603925N DIRECTED ENERGY AND ELECTRIC 128,845 216,845 + WEAPON SYSTEMS. + .................................. One additional system......... [88,000] + 075 0604014N F/A -18 INFRARED SEARCH AND TRACK 84,190 84,190 + (IRST). + 076 0604027N DIGITAL WARFARE OFFICE............ 54,699 54,699 + 077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 53,942 53,942 + VEHICLES. + 078 0604029N UNMANNED UNDERSEA VEHICLE CORE 40,060 40,060 + TECHNOLOGIES. + 079 0604030N RAPID PROTOTYPING, EXPERIMENTATION 12,100 12,100 + AND DEMONSTRATION.. + 080 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 78,122 42,122 + .................................. Early to need, phase 1 results [-36,000] + needed first. + 081 0604112N GERALD R. FORD CLASS NUCLEAR 107,895 107,895 + AIRCRAFT CARRIER (CVN 78--80). + 082 0604126N LITTORAL AIRBORNE MCM............. 17,366 17,366 + 083 0604127N SURFACE MINE COUNTERMEASURES...... 18,754 18,754 + 084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 59,776 59,776 + COUNTERMEASURES (TADIRCM). + 086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,097 5,097 + STRIKE). + 087 0604320M RAPID TECHNOLOGY CAPABILITY 3,664 3,664 + PROTOTYPE. + 088 0604454N LX (R)............................ 10,203 10,203 + 089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 115,858 105,858 + .................................. XLUUV late test and evaluation [-10,000] + award. + 090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 14,259 14,259 + (C-UAS). + 091 0604659N PRECISION STRIKE WEAPONS 1,102,387 1,087,387 + DEVELOPMENT PROGRAM. + .................................. Transition to DDG-1000-- [-15,000] + initial integration. + 092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 7,657 7,657 + ARCHITECTURE/ENGINEERING SUPPORT. + 093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 35,750 35,750 + WEAPON DEVELOPMENT. + 094 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,151 9,151 + 095 0304240M ADVANCED TACTICAL UNMANNED 22,589 6,989 + AIRCRAFT SYSTEM. + .................................. K-MAX......................... [7,000] + .................................. MUX uncertain acquisition [-22,600] + strategy. + 097 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 809 809 + MIP. + .................................. SUBTOTAL ADVANCED COMPONENT 6,503,074 6,098,674 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 098 0603208N TRAINING SYSTEM AIRCRAFT.......... 4,332 4,332 + 099 0604212N OTHER HELO DEVELOPMENT............ 18,133 18,133 + 100 0604214M AV-8B AIRCRAFT--ENG DEV........... 20,054 20,054 + 101 0604215N STANDARDS DEVELOPMENT............. 4,237 4,237 + 102 0604216N MULTI-MISSION HELICOPTER UPGRADE 27,340 27,340 + DEVELOPMENT. + 104 0604221N P-3 MODERNIZATION PROGRAM......... 606 606 + 105 0604230N WARFARE SUPPORT SYSTEM............ 9,065 9,065 + 106 0604231N TACTICAL COMMAND SYSTEM........... 97,968 97,968 + 107 0604234N ADVANCED HAWKEYE.................. 309,373 309,373 + 108 0604245M H-1 UPGRADES...................... 62,310 62,310 + 109 0604261N ACOUSTIC SEARCH SENSORS........... 47,182 47,182 + 110 0604262N V-22A............................. 132,624 132,624 + 111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,445 21,445 + 112 0604269N EA-18............................. 106,134 106,134 + 113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 134,194 134,194 + 114 0604273M EXECUTIVE HELO DEVELOPMENT........ 99,321 99,321 + 115 0604274N NEXT GENERATION JAMMER (NGJ)...... 477,680 487,680 + .................................. High band risk reduction...... [10,000] + 116 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 232,818 232,818 + (JTRS-NAVY). + 117 0604282N NEXT GENERATION JAMMER (NGJ) 170,039 170,039 + INCREMENT II. + 118 0604307N SURFACE COMBATANT COMBAT SYSTEM 403,712 403,712 + ENGINEERING. + 119 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 945 945 + 120 0604329N SMALL DIAMETER BOMB (SDB)......... 62,488 62,488 + 121 0604366N STANDARD MISSILE IMPROVEMENTS..... 386,225 359,225 + .................................. SM-6 excessive cost growth; [-27,000] + program accountability. + 122 0604373N AIRBORNE MCM...................... 10,909 10,909 + 123 0604378N NAVAL INTEGRATED FIRE CONTROL-- 44,548 44,548 + COUNTER AIR SYSTEMS ENGINEERING. + 124 0604419N ADVANCED SENSORS APPLICATION 13,673 13,673 + PROGRAM (ASAP). + 125 0604501N ADVANCED ABOVE WATER SENSORS...... 87,809 87,809 + 126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,097 111,097 + .................................. Submarine electronic warfare [18,000] + capability improvement. + 127 0604504N AIR CONTROL....................... 38,863 38,863 + 128 0604512N SHIPBOARD AVIATION SYSTEMS........ 9,593 9,593 + 129 0604518N COMBAT INFORMATION CENTER 12,718 12,718 + CONVERSION. + 130 0604522N AIR AND MISSILE DEFENSE RADAR 78,319 78,319 + (AMDR) SYSTEM. + 131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 65,834 65,834 + 132 0604558N NEW DESIGN SSN.................... 259,443 282,943 + .................................. Accelerate design............. [23,500] + 133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 63,878 63,878 + 134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 51,853 66,453 + T&E. + .................................. Advanced Degaussing System.... [14,600] + 135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,853 3,853 + 136 0604601N MINE DEVELOPMENT.................. 92,607 65,107 + .................................. Forward funded in FY20........ [-27,500] + 137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 146,012 146,012 + 138 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,383 8,383 + DEVELOPMENT. + 139 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 33,784 33,784 + SYSTEMS--ENG DEV. + 140 0604703N PERSONNEL, TRAINING, SIMULATION, 8,599 8,599 + AND HUMAN FACTORS. + 141 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 73,744 73,744 + 142 0604755N SHIP SELF DEFENSE (DETECT & 157,490 157,490 + CONTROL). + 143 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 121,761 121,761 + KILL). + 144 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 89,373 89,373 + KILL/EW). + 145 0604761N INTELLIGENCE ENGINEERING.......... 15,716 15,716 + 146 0604771N MEDICAL DEVELOPMENT............... 2,120 22,120 + .................................. Autonomous aerial distributed [10,000] + logistics. + .................................. ETEC disease research......... [10,000] + 147 0604777N NAVIGATION/ID SYSTEM.............. 50,180 50,180 + 148 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 561 561 + 149 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 250 250 + 150 0604850N SSN(X)............................ 1,000 1,000 + 151 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 974 974 + 152 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 356,173 351,173 + .................................. Unjustified growth............ [-5,000] + 153 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,810 7,810 + 154 0605212M CH-53K RDTE....................... 406,406 406,406 + 155 0605215N MISSION PLANNING.................. 86,134 86,134 + 156 0605217N COMMON AVIONICS................... 54,540 54,540 + 157 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 5,155 5,155 + 158 0605327N T-AO 205 CLASS.................... 5,148 5,148 + 159 0605414N UNMANNED CARRIER AVIATION (UCA)... 266,970 266,970 + 160 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 12,713 12,713 + 161 0605500N MULTI-MISSION MARITIME AIRCRAFT 24,424 24,424 + (MMA). + 162 0605504N MULTI-MISSION MARITIME (MMA) 182,870 182,870 + INCREMENT III. + 163 0605611M MARINE CORPS ASSAULT VEHICLES 41,775 41,775 + SYSTEM DEVELOPMENT & + DEMONSTRATION. + 164 0605813M JOINT LIGHT TACTICAL VEHICLE 2,541 2,541 + (JLTV) SYSTEM DEVELOPMENT & + DEMONSTRATION. + 165 0204202N DDG-1000.......................... 208,448 223,448 + .................................. Transfer from CPS--initial [15,000] + integration. + 169 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 111,434 111,434 + 170 0306250M CYBER OPERATIONS TECHNOLOGY 26,173 26,173 + DEVELOPMENT. + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,263,883 6,305,483 + DEMONSTRATION. + .................................. + .................................. MANAGEMENT SUPPORT + 171 0604256N THREAT SIMULATOR DEVELOPMENT...... 22,075 22,075 + 172 0604258N TARGET SYSTEMS DEVELOPMENT........ 10,224 10,224 + 173 0604759N MAJOR T&E INVESTMENT.............. 85,195 85,195 + 175 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,089 3,089 + 176 0605154N CENTER FOR NAVAL ANALYSES......... 43,517 43,517 + 179 0605804N TECHNICAL INFORMATION SERVICES.... 932 932 + 180 0605853N MANAGEMENT, TECHNICAL & 94,297 94,297 + INTERNATIONAL SUPPORT. + 181 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,813 3,813 + 183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 104,822 104,822 + 184 0605864N TEST AND EVALUATION SUPPORT....... 446,960 446,960 + 185 0605865N OPERATIONAL TEST AND EVALUATION 27,241 27,241 + CAPABILITY. + 186 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,787 15,787 + (SEW) SUPPORT. + 187 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,559 8,559 + SUPPORT. + 188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 42,749 42,749 + 189 0605898N MANAGEMENT HQ--R&D................ 41,094 41,094 + 190 0606355N WARFARE INNOVATION MANAGEMENT..... 37,022 37,022 + 193 0305327N INSIDER THREAT.................... 2,310 2,310 + 194 0902498N MANAGEMENT HEADQUARTERS 1,536 1,536 + (DEPARTMENTAL SUPPORT ACTIVITIES). + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 991,222 991,222 + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + 199 0604227N HARPOON MODIFICATIONS............. 697 697 + 200 0604840M F-35 C2D2......................... 379,549 341,649 + .................................. Block IV/TR3 upgrade delays... [-37,900] + 201 0604840N F-35 C2D2......................... 413,875 372,475 + .................................. Block IV/TR3 upgrade delays... [-41,400] + 202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 143,667 143,667 + (CEC). + 204 0101221N STRATEGIC SUB & WEAPONS SYSTEM 173,056 173,056 + SUPPORT. + 205 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,970 45,970 + 206 0101226N SUBMARINE ACOUSTIC WARFARE 69,190 74,190 + DEVELOPMENT. + .................................. Next-generation countermeasure [5,000] + acoustic device. + 207 0101402N NAVY STRATEGIC COMMUNICATIONS..... 42,277 42,277 + 208 0204136N F/A-18 SQUADRONS.................. 171,030 175,030 + .................................. Jet noise reduction........... [4,000] + 210 0204228N SURFACE SUPPORT................... 33,482 33,482 + 211 0204229N TOMAHAWK AND TOMAHAWK MISSION 200,308 200,308 + PLANNING CENTER (TMPC). + 212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 102,975 102,975 + 213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 10,873 10,873 + SYSTEMS. + 214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,713 1,713 + (DISPLACEMENT CRAFT). + 215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 22,205 22,205 + ATOR). + 216 0204571N CONSOLIDATED TRAINING SYSTEMS 83,956 83,956 + DEVELOPMENT. + 218 0204575N ELECTRONIC WARFARE (EW) READINESS 56,791 56,791 + SUPPORT. + 219 0205601N HARM IMPROVEMENT.................. 146,166 146,166 + 221 0205620N SURFACE ASW COMBAT SYSTEM 29,348 29,348 + INTEGRATION. + 222 0205632N MK-48 ADCAP....................... 110,349 110,349 + 223 0205633N AVIATION IMPROVEMENTS............. 133,953 133,953 + 224 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 110,313 110,313 + 225 0206313M MARINE CORPS COMMUNICATIONS 207,662 207,662 + SYSTEMS. + 226 0206335M COMMON AVIATION COMMAND AND 4,406 4,406 + CONTROL SYSTEM (CAC2S). + 227 0206623M MARINE CORPS GROUND COMBAT/ 61,381 61,381 + SUPPORTING ARMS SYSTEMS. + 228 0206624M MARINE CORPS COMBAT SERVICES 10,421 10,421 + SUPPORT. + 229 0206625M USMC INTELLIGENCE/ELECTRONIC 29,977 29,977 + WARFARE SYSTEMS (MIP). + 230 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 6,469 6,469 + 231 0207161N TACTICAL AIM MISSILES............. 5,859 5,859 + 232 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 44,323 44,323 + MISSILE (AMRAAM). + 236 0303109N SATELLITE COMMUNICATIONS (SPACE).. 41,978 46,978 + .................................. Interference mitigation [5,000] + technology, test and + verification. + 237 0303138N CONSOLIDATED AFLOAT NETWORK 29,684 29,684 + ENTERPRISE SERVICES (CANES). + 238 0303140N INFORMATION SYSTEMS SECURITY 39,094 39,094 + PROGRAM. + 239 0305192N MILITARY INTELLIGENCE PROGRAM 6,154 6,154 + (MIP) ACTIVITIES. + 240 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 7,108 7,108 + 241 0305205N UAS INTEGRATION AND 62,098 62,098 + INTEROPERABILITY. + 242 0305208M DISTRIBUTED COMMON GROUND/SURFACE 21,500 21,500 + SYSTEMS. + 244 0305220N MQ-4C TRITON...................... 11,120 11,120 + 245 0305231N MQ-8 UAV.......................... 28,968 28,968 + 246 0305232M RQ-11 UAV......................... 537 537 + 247 0305234N SMALL (LEVEL 0) TACTICAL UAS 8,773 8,773 + (STUASL0). + 248 0305239M RQ-21A............................ 10,853 10,853 + 249 0305241N MULTI-INTELLIGENCE SENSOR 60,413 60,413 + DEVELOPMENT. + 250 0305242M UNMANNED AERIAL SYSTEMS (UAS) 5,000 5,000 + PAYLOADS (MIP). + 251 0305251N CYBERSPACE OPERATIONS FORCES AND 34,967 34,967 + FORCE SUPPORT. + 252 0305421N RQ-4 MODERNIZATION................ 178,799 178,799 + 253 0307577N INTELLIGENCE MISSION DATA (IMD)... 2,120 2,120 + 254 0308601N MODELING AND SIMULATION SUPPORT... 8,683 8,683 + 255 0702207N DEPOT MAINTENANCE (NON-IF)........ 45,168 45,168 + 256 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,697 6,697 + 257 1203109N SATELLITE COMMUNICATIONS (SPACE).. 70,056 70,056 + 257A 9999999999 CLASSIFIED PROGRAMS............... 1,795,032 1,795,032 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 5,327,043 5,261,743 + DEVELOPMENT. + .................................. + .................................. SOFTWARE AND DIGITAL TECHNOLOGY + PILOT PROGRAMS + 258 0608013N RISK MANAGEMENT INFORMATION-- 14,300 14,300 + SOFTWARE PILOT PROGRAM. + 259 0608231N MARITIME TACTICAL COMMAND AND 10,868 10,868 + CONTROL (MTC2)--SOFTWARE PILOT + PROGRAM. + .................................. SUBTOTAL SOFTWARE AND DIGITAL 25,168 25,168 + TECHNOLOGY PILOT PROGRAMS. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 21,427,048 21,138,948 + TEST & EVAL, NAVY. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, AF + .................................. BASIC RESEARCH + 001 0601102F DEFENSE RESEARCH SCIENCES......... 315,348 315,348 + 002 0601103F UNIVERSITY RESEARCH INITIATIVES... 161,861 166,861 + .................................. Solar block research.......... [5,000] + 003 0601108F HIGH ENERGY LASER RESEARCH 15,085 15,085 + INITIATIVES. + .................................. SUBTOTAL BASIC RESEARCH........ 492,294 497,294 + .................................. + .................................. APPLIED RESEARCH + 004 0602020F FUTURE AF CAPABILITIES APPLIED 100,000 100,000 + RESEARCH. + 005 0602102F MATERIALS......................... 140,781 165,781 + .................................. Advanced materials [5,000] + manufacturing flexible + biosensors. + .................................. Metals affordability research. [15,000] + .................................. Thermal protection systems.... [5,000] + 006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 349,225 374,225 + .................................. Advanced batteries for [5,000] + directed energy. + .................................. High speed expendable turbine [5,000] + development. + .................................. On-orbit propulsion [5,000] + technologies. + .................................. Secure unmanned aerial [10,000] + vehicles. + 007 0602202F HUMAN EFFECTIVENESS APPLIED 115,222 115,222 + RESEARCH. + 009 0602204F AEROSPACE SENSORS................. 211,301 211,301 + 011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,926 8,926 + MAJOR HEADQUARTERS ACTIVITIES. + 012 0602602F CONVENTIONAL MUNITIONS............ 132,425 132,425 + 013 0602605F DIRECTED ENERGY TECHNOLOGY........ 128,113 128,113 + 014 0602788F DOMINANT INFORMATION SCIENCES AND 178,668 208,668 + METHODS. + .................................. Counter UAS platform [5,000] + integration testbed. + .................................. Quantum Innovation Center..... [5,000] + .................................. Quantum network testbed....... [10,000] + .................................. Trusted UAS traffic management [10,000] + and C-UAS testbed. + 015 0602890F HIGH ENERGY LASER RESEARCH........ 45,088 45,088 + .................................. SUBTOTAL APPLIED RESEARCH...... 1,409,749 1,489,749 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 017 0603030F AF FOUNDATIONAL DEVELOPMENT/DEMOS. 103,280 110,280 + .................................. Agile composite manufacturing [5,000] + initiatives. + .................................. Foam engine wash.............. [2,000] + 018 0603032F FUTURE AF INTEGRATED TECHNOLOGY 157,619 127,619 + DEMOS. + .................................. Inappropriate use of S&T funds [-30,000] + for Golden Horde demonstration + & validation. + 019 0603033F NEXT GEN PLATFORM DEV/DEMO........ 199,556 199,556 + 020 0603034F PERSISTENT KNOWLEDGE, AWARENESS, & 102,276 102,276 + C2 TECH. + 021 0603035F NEXT GEN EFFECTS DEV/DEMOS........ 215,817 215,817 + .................................. SUBTOTAL ADVANCED TECHNOLOGY 778,548 755,548 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 038 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 4,320 4,320 + 039 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 26,396 26,396 + 040 0603790F NATO RESEARCH AND DEVELOPMENT..... 3,647 3,647 + 041 0603851F INTERCONTINENTAL BALLISTIC 32,959 32,959 + MISSILE--DEM/VAL. + 043 0604002F AIR FORCE WEATHER SERVICES 869 869 + RESEARCH. + 044 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 302,323 216,823 + (ABMS). + .................................. Unjustified costs............. [-85,500] + 045 0604004F ADVANCED ENGINE DEVELOPMENT....... 636,495 636,495 + 046 0604015F LONG RANGE STRIKE--BOMBER......... 2,848,410 2,828,410 + .................................. Transfer to APA line 025A..... [-20,000] + 047 0604032F DIRECTED ENERGY PROTOTYPING....... 20,964 20,964 + 048 0604033F HYPERSONICS PROTOTYPING........... 381,862 381,862 + 050 0604257F ADVANCED TECHNOLOGY AND SENSORS... 24,747 24,747 + 051 0604288F NATIONAL AIRBORNE OPS CENTER 76,417 76,417 + (NAOC) RECAP. + 052 0604317F TECHNOLOGY TRANSFER............... 3,011 3,011 + 053 0604327F HARD AND DEEPLY BURIED TARGET 52,921 52,921 + DEFEAT SYSTEM (HDBTDS) PROGRAM. + 054 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 69,783 69,783 + ACS. + 055 0604776F DEPLOYMENT & DISTRIBUTION 25,835 25,835 + ENTERPRISE R&D. + 056 0604858F TECH TRANSITION PROGRAM........... 219,252 249,252 + .................................. Program increase--LCAAT [30,000] + prototyping. + 057 0605230F GROUND BASED STRATEGIC DETERRENT.. 1,524,759 1,524,759 + 059 0207110F NEXT GENERATION AIR DOMINANCE..... 1,044,089 1,044,089 + 060 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 19,356 19,356 + (3DELRR). + 061 0207522F AIRBASE AIR DEFENSE SYSTEMS 8,737 8,737 + (ABADS). + 062 0208099F UNIFIED PLATFORM (UP)............. 5,990 5,990 + 063 0305236F COMMON DATA LINK EXECUTIVE AGENT 39,293 39,293 + (CDL EA). + 065 0305601F MISSION PARTNER ENVIRONMENTS...... 11,430 11,430 + 066 0306250F CYBER OPERATIONS TECHNOLOGY 259,823 259,823 + DEVELOPMENT. + 067 0306415F ENABLED CYBER ACTIVITIES.......... 10,560 10,560 + 068 0401310F C-32 EXECUTIVE TRANSPORT 9,908 9,908 + RECAPITALIZATION. + 069 0901410F CONTRACTING INFORMATION TECHNOLOGY 8,662 8,662 + SYSTEM. + 074 1206427F SPACE SYSTEMS PROTOTYPE 8,787 8,787 + TRANSITIONS (SSPT). + 077 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,311 56,311 + .................................. SUBTOTAL ADVANCED COMPONENT 7,737,916 7,662,416 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 082 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 25,161 25,161 + PROGRAMS. + 083 0604201F PNT RESILIENCY, MODS, AND 38,564 38,564 + IMPROVEMENTS. + 084 0604222F NUCLEAR WEAPONS SUPPORT........... 35,033 35,033 + 085 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,098 2,098 + 086 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 131,909 131,909 + 087 0604287F PHYSICAL SECURITY EQUIPMENT....... 6,752 6,752 + 088 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 17,280 17,280 + 090 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 23,076 23,076 + 091 0604604F SUBMUNITIONS...................... 3,091 3,091 + 092 0604617F AGILE COMBAT SUPPORT.............. 20,609 20,609 + 093 0604618F JOINT DIRECT ATTACK MUNITION...... 7,926 7,926 + 094 0604706F LIFE SUPPORT SYSTEMS.............. 23,660 23,660 + 095 0604735F COMBAT TRAINING RANGES............ 8,898 8,898 + 096 0604800F F-35--EMD......................... 5,423 423 + .................................. Excess SDD funding............ [-5,000] + 097 0604932F LONG RANGE STANDOFF WEAPON........ 474,430 474,430 + 098 0604933F ICBM FUZE MODERNIZATION........... 167,099 167,099 + 100 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,547 30,547 + 102 0605223F ADVANCED PILOT TRAINING........... 248,669 248,669 + 103 0605229F COMBAT RESCUE HELICOPTER.......... 63,169 63,169 + 105 0101125F NUCLEAR WEAPONS MODERNIZATION..... 9,683 9,683 + 106 0207171F F-15 EPAWSS....................... 170,679 155,979 + .................................. Cost growth................... [-14,700] + 107 0207328F STAND IN ATTACK WEAPON............ 160,438 142,738 + .................................. Unjustified cost increase..... [-17,700] + 108 0207701F FULL COMBAT MISSION TRAINING...... 9,422 9,422 + 110 0305176F COMBAT SURVIVOR EVADER LOCATOR.... 973 973 + 111 0401221F KC-46A TANKER SQUADRONS........... 106,262 86,262 + .................................. Slow execution................ [-20,000] + 113 0401319F VC-25B............................ 800,889 800,889 + 114 0701212F AUTOMATED TEST SYSTEMS............ 10,673 10,673 + 115 0804772F TRAINING DEVELOPMENTS............. 4,479 4,479 + 116 0901299F AF A1 SYSTEMS..................... 8,467 8,467 + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,615,359 2,557,959 + DEMONSTRATION. + .................................. + .................................. MANAGEMENT SUPPORT + 131 0604256F THREAT SIMULATOR DEVELOPMENT...... 57,725 57,725 + 132 0604759F MAJOR T&E INVESTMENT.............. 208,680 208,680 + 133 0605101F RAND PROJECT AIR FORCE............ 35,803 35,803 + 135 0605712F INITIAL OPERATIONAL TEST & 13,557 13,557 + EVALUATION. + 136 0605807F TEST AND EVALUATION SUPPORT....... 764,606 754,606 + .................................. Program decrease.............. [-10,000] + 142 0605831F ACQ WORKFORCE- CAPABILITY 1,362,038 1,362,038 + INTEGRATION. + 143 0605832F ACQ WORKFORCE- ADVANCED PRGM 40,768 40,768 + TECHNOLOGY. + 144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 179,646 179,646 + 145 0605898F MANAGEMENT HQ--R&D................ 5,734 5,734 + 146 0605976F FACILITIES RESTORATION AND 70,985 70,985 + MODERNIZATION--TEST AND + EVALUATION SUPPORT. + 147 0605978F FACILITIES SUSTAINMENT--TEST AND 29,880 29,880 + EVALUATION SUPPORT. + 148 0606017F REQUIREMENTS ANALYSIS AND 63,381 63,381 + MATURATION. + 149 0606398F MANAGEMENT HQ--T&E................ 5,785 5,785 + 150 0303255F COMMAND, CONTROL, COMMUNICATION, 24,564 24,564 + AND COMPUTERS (C4)--STRATCOM. + 151 0308602F ENTEPRISE INFORMATION SERVICES 9,883 9,883 + (EIS). + 152 0702806F ACQUISITION AND MANAGEMENT SUPPORT 13,384 13,384 + 153 0804731F GENERAL SKILL TRAINING............ 1,262 1,262 + 155 1001004F INTERNATIONAL ACTIVITIES.......... 3,599 3,599 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,891,280 2,881,280 + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + 163 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 8,777 8,777 + TRAINING. + 164 0604776F DEPLOYMENT & DISTRIBUTION 499 499 + ENTERPRISE R&D. + 165 0604840F F-35 C2D2......................... 785,336 706,836 + .................................. Block IV/TR3 upgrade delays... [-78,500] + 166 0605018F AF INTEGRATED PERSONNEL AND PAY 27,035 27,035 + SYSTEM (AF-IPPS). + 167 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,508 50,508 + AGENCY. + 168 0605117F FOREIGN MATERIEL ACQUISITION AND 71,229 71,229 + EXPLOITATION. + 169 0605278F HC/MC-130 RECAP RDT&E............. 24,705 24,705 + 170 0606018F NC3 INTEGRATION................... 26,356 26,356 + 172 0101113F B-52 SQUADRONS.................... 520,023 338,523 + .................................. GPS-IU contract delays........ [-10,000] + .................................. No acquisition strategy for [-2,500] + AEHF. + .................................. Radar modernization program [-40,000] + contract delays. + .................................. Virtual prototype contract [-125,000] + delay. + .................................. VLF/LF contract delays........ [-4,000] + 173 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 1,433 1,433 + 174 0101126F B-1B SQUADRONS.................... 15,766 15,766 + 175 0101127F B-2 SQUADRONS..................... 187,399 187,399 + .................................. Airspace compliance contract [-2,000] + delays. + .................................. JASSM-ER Milestone B delay.... [-5,000] + .................................. Virtual training.............. [7,000] + 176 0101213F MINUTEMAN SQUADRONS............... 116,569 116,569 + 177 0101316F WORLDWIDE JOINT STRATEGIC 27,235 27,235 + COMMUNICATIONS. + 178 0101324F INTEGRATED STRATEGIC PLANNING & 24,227 24,227 + ANALYSIS NETWORK. + 179 0101328F ICBM REENTRY VEHICLES............. 112,753 112,753 + 181 0102110F UH-1N REPLACEMENT PROGRAM......... 44,464 44,464 + 182 0102326F REGION/SECTOR OPERATION CONTROL 5,929 5,929 + CENTER MODERNIZATION PROGRAM. + 183 0102412F NORTH WARNING SYSTEM (NWS)........ 100 100 + 184 0205219F MQ-9 UAV.......................... 162,080 162,080 + 186 0207131F A-10 SQUADRONS.................... 24,535 24,535 + 187 0207133F F-16 SQUADRONS.................... 223,437 223,437 + 188 0207134F F-15E SQUADRONS................... 298,908 298,908 + 189 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 14,960 14,960 + 190 0207138F F-22A SQUADRONS................... 665,038 648,938 + .................................. Software delays............... [-16,100] + 191 0207142F F-35 SQUADRONS.................... 132,229 129,629 + .................................. Unjustified USAF ALIS unique [-2,600] + funding. + 192 0207146F F-15EX............................ 159,761 159,761 + 193 0207161F TACTICAL AIM MISSILES............. 19,417 19,417 + 194 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 51,799 51,799 + MISSILE (AMRAAM). + 195 0207227F COMBAT RESCUE--PARARESCUE......... 669 669 + 196 0207247F AF TENCAP......................... 21,644 21,644 + 197 0207249F PRECISION ATTACK SYSTEMS 9,261 9,261 + PROCUREMENT. + 198 0207253F COMPASS CALL...................... 15,854 15,854 + 199 0207268F AIRCRAFT ENGINE COMPONENT 95,896 95,896 + IMPROVEMENT PROGRAM. + 200 0207325F JOINT AIR-TO-SURFACE STANDOFF 70,792 70,792 + MISSILE (JASSM). + 201 0207410F AIR & SPACE OPERATIONS CENTER 51,187 51,187 + (AOC). + 202 0207412F CONTROL AND REPORTING CENTER (CRC) 16,041 16,041 + 203 0207417F AIRBORNE WARNING AND CONTROL 138,303 138,303 + SYSTEM (AWACS). + 204 0207418F AFSPECWAR--TACP................... 4,223 4,223 + 206 0207431F COMBAT AIR INTELLIGENCE SYSTEM 16,564 16,564 + ACTIVITIES. + 207 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,858 7,858 + C4I. + 208 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 12,906 12,906 + 210 0207452F DCAPES............................ 14,816 14,816 + 211 0207521F AIR FORCE CALIBRATION PROGRAMS.... 1,970 1,970 + 212 0207573F NATIONAL TECHNICAL NUCLEAR 396 396 + FORENSICS. + 213 0207590F SEEK EAGLE........................ 29,680 29,680 + 214 0207601F USAF MODELING AND SIMULATION...... 17,666 17,666 + 215 0207605F WARGAMING AND SIMULATION CENTERS.. 6,353 6,353 + 216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 6,827 6,827 + 217 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,390 3,390 + 218 0208006F MISSION PLANNING SYSTEMS.......... 91,768 91,768 + 219 0208007F TACTICAL DECEPTION................ 2,370 2,370 + 220 0208064F OPERATIONAL HQ--CYBER............. 5,527 5,527 + 221 0208087F DISTRIBUTED CYBER WARFARE 68,279 68,279 + OPERATIONS. + 222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 15,165 15,165 + 223 0208097F JOINT CYBER COMMAND AND CONTROL 38,480 38,480 + (JCC2). + 224 0208099F UNIFIED PLATFORM (UP)............. 84,645 84,645 + 230 0301025F GEOBASE........................... 2,767 2,767 + 231 0301112F NUCLEAR PLANNING AND EXECUTION 32,759 32,759 + SYSTEM (NPES). + 238 0301401F AIR FORCE SPACE AND CYBER NON- 2,904 2,904 + TRADITIONAL ISR FOR BATTLESPACE + AWARENESS. + 239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 3,468 3,468 + CENTER (NAOC). + 240 0303131F MINIMUM ESSENTIAL EMERGENCY 61,887 61,887 + COMMUNICATIONS NETWORK (MEECN). + 242 0303140F INFORMATION SYSTEMS SECURITY 10,351 10,351 + PROGRAM. + 243 0303142F GLOBAL FORCE MANAGEMENT--DATA 1,346 1,346 + INITIATIVE. + 246 0304260F AIRBORNE SIGINT ENTERPRISE........ 128,110 120,110 + .................................. Program decrease.............. [-8,000] + 247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,042 4,042 + 251 0305020F CCMD INTELLIGENCE INFORMATION 1,649 1,649 + TECHNOLOGY. + 252 0305022F ISR MODERNIZATION & AUTOMATION 19,265 19,265 + DVMT (IMAD). + 253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,645 4,645 + (GATM). + 254 0305103F CYBER SECURITY INITIATIVE......... 384 384 + 255 0305111F WEATHER SERVICE................... 23,640 30,640 + .................................. Commercial weather pilot...... [7,000] + 256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 6,553 6,553 + LANDING SYSTEM (ATCALS). + 257 0305116F AERIAL TARGETS.................... 449 449 + 260 0305128F SECURITY AND INVESTIGATIVE 432 432 + ACTIVITIES. + 262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 4,890 4,890 + ACTIVITIES. + 264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,864 8,864 + 265 0305202F DRAGON U-2........................ 18,660 18,660 + 267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 121,512 139,512 + .................................. Gorgon Stare Wide Area Motion [10,000] + Imagery program increase. + .................................. Sensor Open Systems [8,000] + Architecture. + 268 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,711 14,711 + 269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 14,152 14,152 + SYSTEMS. + 270 0305220F RQ-4 UAV.......................... 134,589 134,589 + 271 0305221F NETWORK-CENTRIC COLLABORATIVE 15,049 15,049 + TARGETING. + 272 0305238F NATO AGS.......................... 36,731 36,731 + 273 0305240F SUPPORT TO DCGS ENTERPRISE........ 33,547 33,547 + 274 0305600F INTERNATIONAL INTELLIGENCE 13,635 13,635 + TECHNOLOGY AND ARCHITECTURES. + 275 0305881F RAPID CYBER ACQUISITION........... 4,262 4,262 + 276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,207 2,207 + (PRC2). + 277 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,277 6,277 + 278 0401115F C-130 AIRLIFT SQUADRON............ 41,973 41,973 + 279 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 32,560 32,560 + 280 0401130F C-17 AIRCRAFT (IF)................ 9,991 9,991 + 281 0401132F C-130J PROGRAM.................... 10,674 10,674 + 282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,507 5,507 + (LAIRCM). + 283 0401218F KC-135S........................... 4,591 4,591 + 286 0401318F CV-22............................. 18,419 18,419 + 288 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 7,673 7,673 + 290 0708055F MAINTENANCE, REPAIR & OVERHAUL 24,513 24,513 + SYSTEM. + 291 0708610F LOGISTICS INFORMATION TECHNOLOGY 35,225 35,225 + (LOGIT). + 292 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 11,838 11,838 + 293 0804743F OTHER FLIGHT TRAINING............. 1,332 1,332 + 295 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,092 2,092 + 296 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,869 3,869 + 297 0901220F PERSONNEL ADMINISTRATION.......... 1,584 1,584 + 298 0901226F AIR FORCE STUDIES AND ANALYSIS 1,197 1,197 + AGENCY. + 299 0901538F FINANCIAL MANAGEMENT INFORMATION 7,006 7,006 + SYSTEMS DEVELOPMENT. + 300 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 45,638 45,638 + SYS (DEAMS). + 301 1201017F GLOBAL SENSOR INTEGRATED ON 1,889 0 + NETWORK (GSIN). + .................................. Transfer to Space Force....... [-1,889] + 302 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 993 993 + ACTIVITIES. + 303 1202140F SERVICE SUPPORT TO SPACECOM 8,999 8,999 + ACTIVITIES. + 314 1203400F SPACE SUPERIORITY INTELLIGENCE.... 16,810 16,810 + 316 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,687 2,687 + 318 1203906F NCMC--TW/AA SYSTEM................ 6,990 6,990 + 322A 9999999999 CLASSIFIED PROGRAMS............... 15,777,856 15,777,856 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 21,466,680 21,203,091 + DEVELOPMENT. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 37,391,826 37,047,337 + TEST & EVAL, AF. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, SPACE FORCE + .................................. APPLIED RESEARCH + 001 1206601SF SPACE TECHNOLOGY.................. 130,874 164,874 + .................................. Ground based optical GEO [5,000] + surveillance. + .................................. Rapid development of low-cost, [20,000] + small satellite technology. + .................................. Small satellite mission [9,000] + operations center. + .................................. SUBTOTAL APPLIED RESEARCH...... 130,874 164,874 + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 002 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 390,704 390,704 + (USER EQUIPMENT) (SPACE). + 003 1203710SF EO/IR WEATHER SYSTEMS............. 131,000 106,000 + .................................. Program reduction for phase 2 [-25,000] + risk reduction Spec OT2. + 004 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 83,384 83,384 + 005 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 33,359 33,359 + 006 1206427SF SPACE SYSTEMS PROTOTYPE 142,808 142,808 + TRANSITIONS (SSPT). + 007 1206438SF SPACE CONTROL TECHNOLOGY.......... 35,575 35,575 + 008 1206760SF PROTECTED TACTICAL ENTERPRISE 114,390 109,390 + SERVICE (PTES). + .................................. Unjustified growth............ [-5,000] + 009 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 205,178 200,178 + .................................. Unjustified growth............ [-5,000] + 010 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 71,395 71,395 + 011 1206857SF SPACE RAPID CAPABILITIES OFFICE... 103,518 103,518 + .................................. SUBTOTAL ADVANCED COMPONENT 1,311,311 1,276,311 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 012 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 263,496 253,496 + .................................. Execution lagging............. [-10,000] + 013 1203940SF SPACE SITUATION AWARENESS 41,897 41,897 + OPERATIONS. + 014 1206421SF COUNTERSPACE SYSTEMS.............. 54,689 54,689 + 015 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 2,526 2,526 + 016 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 173,074 173,074 + 017 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 138,257 138,257 + 018 1206432SF POLAR MILSATCOM (SPACE)........... 190,235 190,235 + 019 1206442SF NEXT GENERATION OPIR.............. 2,318,864 2,269,864 + .................................. Block 0 GEO unjustified cost [-20,000] + growth. + .................................. Program decrease.............. [-29,000] + 020 1206853SF NATIONAL SECURITY SPACE LAUNCH 560,978 710,978 + PROGRAM (SPACE)--EMD. + .................................. Program increase.............. [150,000] + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,744,016 3,835,016 + DEMONSTRATION. + .................................. + .................................. MANAGEMENT SUPPORT + 021 1206116SF SPACE TEST AND TRAINING RANGE 20,281 20,281 + DEVELOPMENT. + 022 1206392SF ACQ WORKFORCE--SPACE & MISSILE 183,930 183,930 + SYSTEMS. + 023 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 9,765 9,765 + MHA. + 024 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,993 27,993 + (SPACE). + .................................. Tactically Responsive Launch [10,000] + Operations. + 025 1206864SF SPACE TEST PROGRAM (STP).......... 26,541 26,541 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 258,510 268,510 + .................................. + .................................. OPERATIONAL SYSTEM DEVELOPMENT + 026 1201017SF GLOBAL SENSOR INTEGRATED ON 3,708 5,597 + NETWORK (GSIN). + .................................. Transfer from Air Force....... [1,889] + 027 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 247,229 237,229 + (FAB-T). + .................................. Program decrease.............. [-10,000] + 028 1203110SF SATELLITE CONTROL NETWORK (SPACE). 75,480 60,480 + .................................. Program decrease.............. [-15,000] + 029 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,984 1,984 + (SPACE AND CONTROL SEGMENTS). + 030 1203173SF SPACE AND MISSILE TEST AND 4,397 4,397 + EVALUATION CENTER. + 031 1203174SF SPACE INNOVATION, INTEGRATION AND 44,746 39,746 + RAPID TECHNOLOGY DEVELOPMENT. + .................................. Underexecution................ [-5,000] + 032 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,020 16,020 + .................................. Space launch range services [5,000] + and capabilities. + 033 1203265SF GPS III SPACE SEGMENT............. 10,777 10,777 + 034 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 28,179 28,179 + 035 1203913SF NUDET DETECTION SYSTEM (SPACE).... 29,157 29,157 + 036 1203940SF SPACE SITUATION AWARENESS 44,809 39,809 + OPERATIONS. + .................................. Underexecution................ [-5,000] + 037 1206423SF GLOBAL POSITIONING SYSTEM III-- 481,999 471,999 + OPERATIONAL CONTROL SEGMENT. + .................................. Program decrease.............. [-5,000] + .................................. Unjustified growth............ [-5,000] + 041 1206770SF ENTERPRISE GROUND SERVICES........ 116,791 116,791 + 041A 9999999999 CLASSIFIED PROGRAMS............... 3,632,866 3,632,866 + .................................. SUBTOTAL OPERATIONAL SYSTEM 4,733,142 4,695,031 + DEVELOPMENT. + .................................. + .................................. SOFTWARE & DIGITAL TECHNOLOGY + PILOT PROGRAMS + 042 1203614SF JSPOC MISSION SYSTEM.............. 149,742 129,742 + .................................. Unjustified increase; transfer [-20,000] + to commercial Space Domain + Awareness Services and Data. + 42A 9999999999 COMMERCIAL SATCOM................. 45,000 + .................................. Commercial polar space-based [25,000] + proliferated LEO broadband + services and demonstrations. + .................................. Increase for commercial space [20,000] + domain awareness services and + data. + .................................. SUBTOTAL SOFTWARE & DIGITAL 149,742 174,742 + TECHNOLOGY PILOT PROGRAMS. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 10,327,595 10,414,484 + TEST & EVAL, SPACE FORCE. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, DW + .................................. BASIC RESEARCH + 001 0601000BR DTRA BASIC RESEARCH............... 14,617 14,617 + 002 0601101E DEFENSE RESEARCH SCIENCES......... 479,958 479,958 + 003 0601110D8Z BASIC RESEARCH INITIATIVES........ 35,565 57,565 + .................................. Restore Minerva research [17,000] + initiative. + .................................. START research consortium of [5,000] + excellence for irregular + warfare and advanced analytics. + 004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 53,730 53,730 + SCIENCE. + 005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 100,241 105,241 + .................................. Civics education pilot........ [5,000] + 006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,975 50,975 + UNIVERSITIES/MINORITY + INSTITUTIONS. + .................................. PIPELINE program.............. [3,000] + .................................. Program increase.............. [17,000] + 007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,300 45,300 + PROGRAM. + .................................. SUBTOTAL BASIC RESEARCH........ 760,386 807,386 + .................................. + .................................. APPLIED RESEARCH + 008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,409 24,409 + .................................. New energetic materials design [5,000] + 009 0602115E BIOMEDICAL TECHNOLOGY............. 107,568 107,568 + 011 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 35,000 35,000 + 012 0602234D8Z LINCOLN LABORATORY RESEARCH 41,080 41,080 + PROGRAM. + 013 0602251D8Z APPLIED RESEARCH FOR THE 60,722 60,722 + ADVANCEMENT OF S&T PRIORITIES. + 014 0602303E INFORMATION & COMMUNICATIONS 435,920 403,920 + TECHNOLOGY. + .................................. Program decrease.............. [-32,000] + 015 0602383E BIOLOGICAL WARFARE DEFENSE........ 26,950 26,950 + 016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 201,807 206,807 + PROGRAM. + .................................. Treatment testing technology [5,000] + for nuclear, chemical, and + biological exposure. + 017 0602668D8Z CYBER SECURITY RESEARCH........... 15,255 15,255 + 018 0602702E TACTICAL TECHNOLOGY............... 233,271 233,271 + 019 0602715E MATERIALS AND BIOLOGICAL 250,107 250,107 + TECHNOLOGY. + 020 0602716E ELECTRONICS TECHNOLOGY............ 322,693 322,693 + 021 0602718BR COUNTER WEAPONS OF MASS 174,571 174,571 + DESTRUCTION APPLIED RESEARCH. + 022 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,573 9,573 + (SEI) APPLIED RESEARCH. + 023 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 42,464 47,464 + .................................. Sustained Human Performance [5,000] + and Resilience. + .................................. SUBTOTAL APPLIED RESEARCH...... 1,976,390 1,959,390 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 024 0603000D8Z JOINT MUNITIONS ADVANCED 22,920 22,920 + TECHNOLOGY. + 025 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,914 4,914 + 026 0603122D8Z COMBATING TERRORISM TECHNOLOGY 51,089 51,089 + SUPPORT. + 027 0603133D8Z FOREIGN COMPARATIVE TESTING....... 25,183 25,183 + 029 0603160BR COUNTER WEAPONS OF MASS 366,659 366,659 + DESTRUCTION ADVANCED TECHNOLOGY + DEVELOPMENT. + 030 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,910 64,910 + ASSESSMENT. + .................................. Restore low power laser [50,000] + demonstrator. + 032 0603180C ADVANCED RESEARCH................. 18,687 28,687 + .................................. Program increase.............. [10,000] + 033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,873 18,873 + DEVELOPMENT. + 034 0603286E ADVANCED AEROSPACE SYSTEMS........ 230,978 230,978 + 035 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 158,439 158,439 + 036 0603288D8Z ANALYTIC ASSESSMENTS.............. 23,775 23,775 + 037 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 36,524 36,524 + CONCEPTS. + 038 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,703 14,703 + CONCEPTS--MHA. + 039 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 11,058 11,058 + 040 0603338D8Z DEFENSE MODERNIZATION AND 133,375 133,375 + PROTOTYPING. + 042 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 26,141 26,141 + 043 0603375D8Z TECHNOLOGY INNOVATION............. 27,709 27,709 + 044 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 188,001 188,001 + PROGRAM--ADVANCED DEVELOPMENT. + 045 0603527D8Z RETRACT LARCH..................... 130,283 130,283 + 046 0603618D8Z JOINT ELECTRONIC ADVANCED 15,164 15,164 + TECHNOLOGY. + 047 0603648D8Z JOINT CAPABILITY TECHNOLOGY 85,452 85,452 + DEMONSTRATIONS. + 048 0603662D8Z NETWORKED COMMUNICATIONS 5,882 5,882 + CAPABILITIES. + 049 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 93,817 143,817 + AND TECHNOLOGY PROGRAM. + .................................. Accelerating rapid prototyping [5,000] + by integrating high + performance computing and + advanced manufacturing. + .................................. Additive manufacturing [5,000] + training. + .................................. Advanced structural [30,000] + manufacturing technologies. + .................................. Flexible hybrid electronics... [5,000] + .................................. Hypersonic thermal management [5,000] + research. + 050 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 40,025 40,025 + 052 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,235 10,235 + DEMONSTRATIONS. + 053 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 53,862 158,862 + PROGRAM. + .................................. AFFF replacement.............. [50,000] + .................................. PFAS Innovation Award Fund.... [5,000] + .................................. PFAS remediation and disposal [50,000] + technology. + 054 0603720S MICROELECTRONICS TECHNOLOGY 124,049 124,049 + DEVELOPMENT AND SUPPORT. + 055 0603727D8Z JOINT WARFIGHTING PROGRAM......... 3,871 3,871 + 056 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 95,864 95,864 + 057 0603760E COMMAND, CONTROL AND 221,724 221,724 + COMMUNICATIONS SYSTEMS. + 058 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 661,158 661,158 + 059 0603767E SENSOR TECHNOLOGY................. 200,220 200,220 + 060 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,765 6,765 + TECHNOLOGY DEVELOPMENT. + 061 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 12,598 12,598 + 064 0603924D8Z HIGH ENERGY LASER ADVANCED 105,410 105,410 + TECHNOLOGY PROGRAM. + 065 0603941D8Z TEST & EVALUATION SCIENCE & 187,065 187,065 + TECHNOLOGY. + .................................. Directed energy test workloads + 066 0603950D8Z NATIONAL SECURITY INNOVATION 40,000 + NETWORK. + .................................. Restore program............... [40,000] + 067 0604055D8Z OPERATIONAL ENERGY CAPABILITY 65,000 + IMPROVEMENT. + .................................. Program increase.............. [65,000] + 070 1160402BB SOF ADVANCED TECHNOLOGY 89,072 94,072 + DEVELOPMENT. + .................................. SOF 3-D printing technologies. [5,000] + 071 1206310SDA SPACE SCIENCE AND TECHNOLOGY 72,422 72,422 + RESEARCH AND DEVELOPMENT. + .................................. SUBTOTAL ADVANCED TECHNOLOGY 3,588,876 3,913,876 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 072 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 32,636 32,636 + SECURITY EQUIPMENT RDT&E ADC&P. + 073 0603600D8Z WALKOFF........................... 106,529 106,529 + 075 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 61,345 113,345 + CERTIFICATION PROGRAM. + .................................. PFAS remediation and disposal [50,000] + technology. + .................................. Program increase.............. [2,000] + 076 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 412,627 312,627 + DEFENSE SEGMENT. + .................................. Insufficient justification-- [-100,000] + homeland defense underlay. + 077 0603882C BALLISTIC MISSILE DEFENSE 1,004,305 919,305 + MIDCOURSE DEFENSE SEGMENT. + .................................. Unjustified growth--RKV [-85,000] + cancellation. + 078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 76,167 81,167 + PROGRAM--DEM/VAL. + .................................. Decontamination technologies [5,000] + for civilian pandemic + preparedness. + 079 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 281,957 281,957 + 080 0603890C BMD ENABLING PROGRAMS............. 599,380 599,380 + 081 0603891C SPECIAL PROGRAMS--MDA............. 420,216 420,216 + 082 0603892C AEGIS BMD......................... 814,936 804,936 + .................................. Program decrease.............. [-10,000] + 083 0603896C BALLISTIC MISSILE DEFENSE COMMAND 593,353 593,353 + AND CONTROL, BATTLE MANAGEMENT + AND COMMUNICATI. + 084 0603898C BALLISTIC MISSILE DEFENSE JOINT 49,560 49,560 + WARFIGHTER SUPPORT. + 085 0603904C MISSILE DEFENSE INTEGRATION & 55,356 55,356 + OPERATIONS CENTER (MDIOC). + 086 0603906C REGARDING TRENCH.................. 11,863 11,863 + 087 0603907C SEA BASED X-BAND RADAR (SBX)...... 118,318 118,318 + 088 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000 + 089 0603914C BALLISTIC MISSILE DEFENSE TEST.... 378,302 378,302 + 090 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 536,133 536,133 + 092 0603923D8Z COALITION WARFARE................. 10,129 10,129 + 093 0604011D8Z NEXT GENERATION INFORMATION 449,000 400,000 + COMMUNICATIONS TECHNOLOGY (5G). + .................................. Program decrease for Restoring [-49,000] + S&T. + 094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,325 3,325 + PROGRAM. + 095 0604115C TECHNOLOGY MATURATION INITIATIVES. 67,389 67,389 + 098 0604181C HYPERSONIC DEFENSE................ 206,832 206,832 + 099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 730,508 729,508 + .................................. Micro nuclear reactors........ [50,000] + .................................. Program decrease for Restoring [-51,000] + S&T. + 100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 489,076 489,076 + 101 0604331D8Z RAPID PROTOTYPING PROGRAM......... 102,023 82,023 + .................................. Program decrease for Restoring [-20,000] + S&T. + 102 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 13,255 16,255 + PROTOTYPING. + .................................. Talent optimization pilot [3,000] + program. + 103 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,787 2,787 + UNMANNED SYSTEM COMMON + DEVELOPMENT. + 105 0604672C HOMELAND DEFENSE RADAR--HAWAII 130,000 + (HDR-H). + .................................. Continue radar development and [130,000] + siting efforts. + 107 0604682D8Z WARGAMING AND SUPPORT FOR 3,469 3,469 + STRATEGIC ANALYSIS (SSA). + 109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 19,190 19,190 + INTEGRATION AND INTEROPERABILITY + ASSESSMENTS. + 110 0604873C LONG RANGE DISCRIMINATION RADAR 137,256 137,256 + (LRDR). + 111 0604874C IMPROVED HOMELAND DEFENSE 664,138 414,138 + INTERCEPTORS. + .................................. Delayed NGI contract award.... [-250,000] + 112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 7,768 7,768 + DEFENSE SEGMENT TEST. + 113 0604878C AEGIS BMD TEST.................... 170,880 95,880 + .................................. Unjustified cost growth....... [-75,000] + 114 0604879C BALLISTIC MISSILE DEFENSE SENSOR 76,456 76,456 + TEST. + 115 0604880C LAND-BASED SM-3 (LBSM3)........... 56,628 56,628 + 116 0604887C BALLISTIC MISSILE DEFENSE 67,071 67,071 + MIDCOURSE SEGMENT TEST. + 118 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,198 2,198 + SYSTEMS. + 119 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 997 997 + (JET) PROGRAM. + 120 0305103C CYBER SECURITY INITIATIVE......... 1,148 1,148 + 121 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 215,994 155,994 + PROTOTYPING. + .................................. HBTSS--transfer to 1206895C... [-20,000] + .................................. Unjustified growth............ [-40,000] + 122 1206893C SPACE TRACKING & SURVEILLANCE 34,144 34,144 + SYSTEM. + 123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 32,068 152,068 + SPACE PROGRAMS. + .................................. HBTSS--transfer from [20,000] + 1206410SDA. + .................................. HBTSS sensor payload [100,000] + development. + .................................. SUBTOTAL ADVANCED COMPONENT 9,416,712 9,076,712 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 124 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 7,173 7,173 + SECURITY EQUIPMENT RDT&E SDD. + 126 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 319,976 319,976 + PROGRAM--EMD. + 127 0604771D8Z JOINT TACTICAL INFORMATION 54,985 54,985 + DISTRIBUTION SYSTEM (JTIDS). + 128 0605000BR COUNTER WEAPONS OF MASS 15,650 15,650 + DESTRUCTION SYSTEMS DEVELOPMENT. + 129 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,441 1,441 + 130 0605021SE HOMELAND PERSONNEL SECURITY 7,287 7,287 + INITIATIVE. + 131 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 12,928 12,928 + 132 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 10,259 10,259 + 133 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 1,377 1,377 + AND DEMONSTRATION. + 134 0605075D8Z CMO POLICY AND INTEGRATION........ 1,648 1,648 + 135 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 20,537 20,537 + FINANCIAL SYSTEM. + 136 0605090S DEFENSE RETIRED AND ANNUITANT PAY 1,638 1,638 + SYSTEM (DRAS). + 137 0605141BR MISSION ASSURANCE RISK MANAGEMENT 5,500 5,500 + SYSTEM (MARMS). + 138 0605210D8Z DEFENSE-WIDE ELECTRONIC 8,279 8,279 + PROCUREMENT CAPABILITIES. + 139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 107,585 107,585 + 140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,685 3,685 + COMMUNICATIONS. + 143 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 3,275 3,275 + MANAGEMENT (EEIM). + 144 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,585 20,585 + AND DEMONSTRATION. + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 603,808 603,808 + DEMONSTRATION. + .................................. + .................................. MANAGEMENT SUPPORT + 145 0603829J JOINT CAPABILITY EXPERIMENTATION.. 11,239 11,239 + 146 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,793 9,793 + (DRRS). + 147 0604875D8Z JOINT SYSTEMS ARCHITECTURE 8,497 8,497 + DEVELOPMENT. + 148 0604940D8Z CENTRAL TEST AND EVALUATION 422,451 435,451 + INVESTMENT DEVELOPMENT (CTEIP). + .................................. Gulf Test range and training [13,000] + enhancements. + 149 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 18,379 18,379 + 150 0605001E MISSION SUPPORT................... 74,334 74,334 + 151 0605100D8Z JOINT MISSION ENVIRONMENT TEST 79,046 79,046 + CAPABILITY (JMETC). + 153 0605126J JOINT INTEGRATED AIR AND MISSILE 50,255 50,255 + DEFENSE ORGANIZATION (JIAMDO). + 155 0605142D8Z SYSTEMS ENGINEERING............... 49,376 49,376 + 156 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 5,777 5,777 + 157 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 16,552 16,552 + 158 0605170D8Z SUPPORT TO NETWORKS AND 9,582 9,582 + INFORMATION INTEGRATION. + 159 0605200D8Z GENERAL SUPPORT TO USD 1,940 1,940 + (INTELLIGENCE). + 160 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 122,951 122,951 + PROGRAM. + 167 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,582 3,582 + (SBIR)/ SMALL BUSINESS TECHNOLOGY + TRANSFER. + 168 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 29,566 29,566 + 169 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 29,059 29,059 + 170 0605801KA DEFENSE TECHNICAL INFORMATION 59,369 16,069 + CENTER (DTIC). + .................................. Program decrease.............. [-43,300] + 171 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 29,420 29,420 + TESTING AND EVALUATION. + 172 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,198 27,198 + 173 0605898E MANAGEMENT HQ--R&D................ 13,434 13,434 + 174 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 2,837 2,837 + INFORMATION CENTER (DTIC). + 175 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 13,173 13,173 + 176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,200 3,200 + ANALYSIS. + 177 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 999 999 + DEVELOPMENT SUPPORT. + 180 0203345D8Z DEFENSE OPERATIONS SECURITY 3,099 3,099 + INITIATIVE (DOSI). + 181 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 3,058 3,058 + 182 0208045K C4I INTEROPERABILITY.............. 59,813 59,813 + 185 0303140SE INFORMATION SYSTEMS SECURITY 1,112 1,112 + PROGRAM. + 186 0303166J SUPPORT TO INFORMATION OPERATIONS 545 545 + (IO) CAPABILITIES. + 187 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,036 1,036 + OFFICE (DMDPO). + 188 0305172K COMBINED ADVANCED APPLICATIONS.... 30,824 30,824 + 190 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,048 3,048 + SYSTEMS. + 194 0804768J COCOM EXERCISE ENGAGEMENT AND 31,125 31,125 + TRAINING TRANSFORMATION (CE2T2)-- + NON-MHA. + 195 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100 + MANAGEMENT INSTITUTE (DEOMI). + 196 0901598C MANAGEMENT HQ--MDA................ 26,902 26,902 + 197 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,138 3,138 + 198A 9999999999 CLASSIFIED PROGRAMS............... 41,583 41,583 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,297,392 1,267,092 + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + 199 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 14,378 14,378 + 200 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 132,058 132,058 + 201 0605127T REGIONAL INTERNATIONAL OUTREACH 1,986 1,986 + (RIO) AND PARTNERSHIP FOR PEACE + INFORMATION MANA. + 202 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 316 316 + SHARED INFORMATION SYSTEM + (OHASIS). + 203 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 9,151 79,151 + SUSTAINMENT SUPPORT. + .................................. Autotune filter manufacturing [10,000] + scale-up for advanced offboard + electronic warfare. + .................................. Domestic organic light [5,000] + emitting diode microdisplay + manufacturing. + .................................. Domestic rare earth magnet [5,000] + capability. + .................................. Domestic tungsten............. [5,000] + .................................. Program increase.............. [15,000] + .................................. Radar supplier resiliency plan [5,000] + .................................. Submarine workforce [20,000] + development and training. + .................................. Ultra-hard armor.............. [5,000] + 204 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 19,082 19,082 + DEVELOPMENT. + 205 0607327T GLOBAL THEATER SECURITY 3,992 3,992 + COOPERATION MANAGEMENT + INFORMATION SYSTEMS (G-TSCMIS). + 206 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 39,530 39,530 + (OPERATIONAL SYSTEMS DEVELOPMENT). + 207 0208043J PLANNING AND DECISION AID SYSTEM 3,039 3,039 + (PDAS). + 212 0302019K DEFENSE INFO INFRASTRUCTURE 16,324 16,324 + ENGINEERING AND INTEGRATION. + 213 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,884 11,884 + 214 0303131K MINIMUM ESSENTIAL EMERGENCY 5,560 5,560 + COMMUNICATIONS NETWORK (MEECN). + 215 0303136G KEY MANAGEMENT INFRASTRUCTURE 73,356 73,356 + (KMI). + 216 0303140D8Z INFORMATION SYSTEMS SECURITY 46,577 46,577 + PROGRAM. + 217 0303140G INFORMATION SYSTEMS SECURITY 356,713 336,713 + PROGRAM. + .................................. GenCyber...................... [20,000] + .................................. Program decrease.............. [-40,000] + 218 0303140K INFORMATION SYSTEMS SECURITY 8,922 8,922 + PROGRAM. + 219 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 3,695 3,695 + 220 0303153K DEFENSE SPECTRUM ORGANIZATION..... 20,113 20,113 + 223 0303228K JOINT REGIONAL SECURITY STACKS 9,728 0 + (JRSS). + .................................. Program decrease.............. [-9,728] + 231 0305128V SECURITY AND INVESTIGATIVE 5,700 5,700 + ACTIVITIES. + 235 0305186D8Z POLICY R&D PROGRAMS............... 7,144 7,144 + 236 0305199D8Z NET CENTRICITY.................... 21,793 21,793 + 238 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,066 6,066 + SYSTEMS. + 245 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,190 2,190 + TRANSFER PROGRAM. + 252 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,654 1,654 + 253 0708012S PACIFIC DISASTER CENTERS.......... 1,785 1,785 + 254 0708047S DEFENSE PROPERTY ACCOUNTABILITY 7,301 7,301 + SYSTEM. + 256 1105219BB MQ-9 UAV.......................... 21,265 21,265 + 258 1160403BB AVIATION SYSTEMS.................. 230,812 230,812 + 259 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 19,558 19,558 + 260 1160408BB OPERATIONAL ENHANCEMENTS.......... 136,041 151,041 + .................................. Machine learning and AI [10,000] + technologies to enable + operational maneuver. + .................................. Modular expeditionary compact [5,000] + high-energy lasers. + 261 1160431BB WARRIOR SYSTEMS................... 59,511 94,511 + .................................. Increased research for cUAS in [35,000] + austere locations abroad. + 262 1160432BB SPECIAL PROGRAMS.................. 10,500 10,500 + 263 1160434BB UNMANNED ISR...................... 19,154 19,154 + 264 1160480BB SOF TACTICAL VEHICLES............. 9,263 9,263 + 265 1160483BB MARITIME SYSTEMS.................. 59,882 59,882 + 266 1160489BB GLOBAL VIDEO SURVEILLANCE 4,606 4,606 + ACTIVITIES. + 267 1160490BB OPERATIONAL ENHANCEMENTS 11,612 11,612 + INTELLIGENCE. + 268 1203610K TELEPORT PROGRAM.................. 3,239 3,239 + 268A 9999999999 CLASSIFIED PROGRAMS............... 4,746,466 4,746,466 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 6,161,946 6,252,218 + DEVELOPMENT. + .................................. + .................................. SOFTWARE AND DIGITAL TECHNOLOGY + PILOT PROGRAMS + 269 0608197V NATIONAL BACKGROUND INVESTIGATION 121,676 121,676 + SERVICES--SOFTWARE PILOT PROGRAM. + 270 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 16,848 16,848 + PILOT PROGRAM. + 271 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 86,750 76,750 + .................................. Program decrease.............. [-10,000] + 272 0308588D8Z ALGORITHMIC WARFARE CROSS 250,107 200,107 + FUNCTIONAL TEAMS--SOFTWARE PILOT + PROGRAM. + .................................. Program decrease.............. [-50,000] + .................................. SUBTOTAL SOFTWARE AND DIGITAL 475,381 415,381 + TECHNOLOGY PILOT PROGRAMS. + .................................. + .................................. UNDISTRIBUTED + 273A 9999999999 PANDEMIC PREPAREDNESS AND 1,000,000 + RESILIENCE NATIONAL SECURITY FUND. + .................................. Program increase.............. [1,000,000] + .................................. SUBTOTAL UNDISTRIBUTED......... 1,000,000 + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 24,280,891 25,295,863 + TEST & EVAL, DW. + .................................. + .................................. OPERATIONAL TEST & EVAL, DEFENSE + .................................. MANAGEMENT SUPPORT + 001 0605118OTE OPERATIONAL TEST AND EVALUATION... 100,021 100,021 + 002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 70,933 70,933 + 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 39,136 39,136 + ANALYSES. + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 210,090 210,090 + .................................. + .................................. TOTAL OPERATIONAL TEST & 210,090 210,090 + EVAL, DEFENSE. + .................................. + .................................. TOTAL RDT&E.................. 106,224,793 106,489,628 +---------------------------------------------------------------------------------------------------------------- + +SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS + CONTINGENCY OPERATIONS. + +------------------------------------------------------------------------ + SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS + CONTINGENCY OPERATIONS (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 House + Line Program Element Item Request Authorized +------------------------------------------------------------------------ + ............... RESEARCH, + DEVELOPMENT, + TEST & EVAL, + ARMY + ............... APPLIED RESEARCH + 016 0602145A NEXT GENERATION 2,000 2,000 + COMBAT VEHICLE + TECHNOLOGY. + ............... SUBTOTAL 2,000 2,000 + APPLIED + RESEARCH. + ............... + ............... ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 080 0603327A AIR AND MISSILE 500 500 + DEFENSE SYSTEMS + ENGINEERING. + 114 0604785A INTEGRATED BASE 2,020 2,020 + DEFENSE (BUDGET + ACTIVITY 4). + ............... SUBTOTAL 2,520 2,520 + ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES. + ............... + ............... SYSTEM + DEVELOPMENT & + DEMONSTRATION + 131 0604741A AIR DEFENSE 27,000 27,000 + COMMAND, + CONTROL AND + INTELLIGENCE--E + NG DEV. + 159 0605035A COMMON INFRARED 2,300 2,300 + COUNTERMEASURES + (CIRCM). + 166 0605051A AIRCRAFT 64,625 64,625 + SURVIVABILITY + DEVELOPMENT. + 183 0304270A ELECTRONIC 3,900 3,900 + WARFARE + DEVELOPMENT. + ............... SUBTOTAL 97,825 97,825 + SYSTEM + DEVELOPMENT & + DEMONSTRATION. + ............... + ............... MANAGEMENT + SUPPORT + 198 0605709A EXPLOITATION OF 1,000 1,000 + FOREIGN ITEMS. + 209 0606003A COUNTERINTEL AND 4,137 4,137 + HUMAN INTEL + MODERNIZATION. + ............... SUBTOTAL 5,137 5,137 + MANAGEMENT + SUPPORT. + ............... + ............... OPERATIONAL + SYSTEMS + DEVELOPMENT + 239 0203802A OTHER MISSILE 2,300 2,300 + PRODUCT + IMPROVEMENT + PROGRAMS. + 248 0303028A SECURITY AND 23,367 23,367 + INTELLIGENCE + ACTIVITIES. + 257 0305204A TACTICAL 34,100 34,100 + UNMANNED AERIAL + VEHICLES. + 258 0305206A AIRBORNE 15,575 15,575 + RECONNAISSANCE + SYSTEMS. + ............... SUBTOTAL 75,342 75,342 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ............... + ............... TOTAL 182,824 182,824 + RESEARCH, + DEVELOPMENT + , TEST & + EVAL, ARMY. + ............... + ............... RESEARCH, + DEVELOPMENT, + TEST & EVAL, + NAVY + ............... ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 039 0603527N RETRACT LARCH... 36,500 36,500 + 058 0603654N JOINT SERVICE 14,461 14,461 + EXPLOSIVE + ORDNANCE + DEVELOPMENT. + 063 0603734N CHALK CORAL..... 3,000 3,000 + 071 0603795N LAND ATTACK 1,457 1,457 + TECHNOLOGY. + ............... SUBTOTAL 55,418 55,418 + ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES. + ............... + ............... SYSTEM + DEVELOPMENT & + DEMONSTRATION + 142 0604755N SHIP SELF 1,144 1,144 + DEFENSE (DETECT + & CONTROL). + ............... SUBTOTAL 1,144 1,144 + SYSTEM + DEVELOPMENT & + DEMONSTRATION. + ............... + ............... OPERATIONAL + SYSTEMS + DEVELOPMENT + 229 0206625M USMC 3,000 3,000 + INTELLIGENCE/ + ELECTRONIC + WARFARE SYSTEMS + (MIP). + ............... SUBTOTAL 3,000 3,000 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ............... + ............... TOTAL 59,562 59,562 + RESEARCH, + DEVELOPMENT + , TEST & + EVAL, NAVY. + ............... + ............... RESEARCH, + DEVELOPMENT, + TEST & EVAL, AF + ............... OPERATIONAL + SYSTEMS + DEVELOPMENT + 185 0205671F JOINT COUNTER 4,080 4,080 + RCIED + ELECTRONIC + WARFARE. + 228 0208288F INTEL DATA 1,224 1,224 + APPLICATIONS. + ............... SUBTOTAL 5,304 5,304 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ............... + ............... TOTAL 5,304 5,304 + RESEARCH, + DEVELOPMENT + , TEST & + EVAL, AF. + ............... + ............... RESEARCH, + DEVELOPMENT, + TEST & EVAL, DW + ............... APPLIED RESEARCH + 010 0602134BR COUNTER 3,699 3,699 + IMPROVISED- + THREAT ADVANCED + STUDIES. + ............... SUBTOTAL 3,699 3,699 + APPLIED + RESEARCH. + ............... + ............... ADVANCED + TECHNOLOGY + DEVELOPMENT + 026 0603122D8Z COMBATING 19,288 19,288 + TERRORISM + TECHNOLOGY + SUPPORT. + 028 0603134BR COUNTER 3,861 3,861 + IMPROVISED- + THREAT + SIMULATION. + ............... SUBTOTAL 23,149 23,149 + ADVANCED + TECHNOLOGY + DEVELOPMENT. + ............... + ............... ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 097 0604134BR COUNTER 19,931 19,931 + IMPROVISED- + THREAT + DEMONSTRATION, + PROTOTYPE + DEVELOPMENT, + AND TESTING. + ............... SUBTOTAL 19,931 19,931 + ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES. + ............... + ............... OPERATIONAL + SYSTEMS + DEVELOPMENT + 260 1160408BB OPERATIONAL 1,186 1,186 + ENHANCEMENTS. + 261 1160431BB WARRIOR SYSTEMS. 5,796 5,796 + 263 1160434BB UNMANNED ISR.... 5,000 5,000 + 268A 9999999999 CLASSIFIED 24,057 24,057 + PROGRAMS. + ............... SUBTOTAL 36,039 36,039 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ............... + ............... TOTAL 82,818 82,818 + RESEARCH, + DEVELOPMENT + , TEST & + EVAL, DW. + ............... + ............... TOTAL RDT&E 330,508 330,508 +------------------------------------------------------------------------ + + TITLE XLIII--OPERATION AND MAINTENANCE + +SEC. 4301. OPERATION AND MAINTENANCE. + +---------------------------------------------------------------------------------------------------------------- + SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + FY 2021 House + Line Item Request Authorized +---------------------------------------------------------------------------------------------------------------- + OPERATION & MAINTENANCE, ARMY + OPERATING FORCES + 020 MODULAR SUPPORT BRIGADES.......................................... 159,834 143,834 + Unjustified funding for Dynamic Force Employment.............. [-16,000] + 030 ECHELONS ABOVE BRIGADE............................................ 663,751 660,951 + Unjustified funding for Dynamic Force Employment.............. [-2,800] + 040 THEATER LEVEL ASSETS.............................................. 956,477 956,477 + 050 LAND FORCES OPERATIONS SUPPORT.................................... 1,157,635 1,167,984 + Establishment of Joint CUAS Office............................ [10,349] + 060 AVIATION ASSETS................................................... 1,453,024 1,403,024 + Unjustified funding for Dynamic Force Employment.............. [-50,000] + 070 FORCE READINESS OPERATIONS SUPPORT................................ 4,713,660 4,713,660 + 080 LAND FORCES SYSTEMS READINESS..................................... 404,161 404,161 + 090 LAND FORCES DEPOT MAINTENANCE..................................... 1,413,359 1,513,359 + Program increase for depot maintenance activities............. [100,000] + 100 BASE OPERATIONS SUPPORT........................................... 8,220,093 8,320,093 + Child Youth Services program increase......................... [100,000] + 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,581,071 3,647,387 + Program increase for additional facility requirements......... [66,316] + 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 411,844 411,844 + 160 US AFRICA COMMAND................................................. 239,387 239,387 + 170 US EUROPEAN COMMAND............................................... 160,761 160,761 + 180 US SOUTHERN COMMAND............................................... 197,826 197,826 + 190 US FORCES KOREA................................................... 65,152 65,152 + 200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 430,109 430,109 + 210 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 464,117 464,117 + SUBTOTAL OPERATING FORCES..................................... 24,692,261 24,900,126 + + MOBILIZATION + 220 STRATEGIC MOBILITY................................................ 402,236 402,236 + 230 ARMY PREPOSITIONED STOCKS......................................... 324,306 324,306 + 240 INDUSTRIAL PREPAREDNESS........................................... 3,653 3,653 + SUBTOTAL MOBILIZATION......................................... 730,195 730,195 + + TRAINING AND RECRUITING + 250 OFFICER ACQUISITION............................................... 165,142 165,142 + 260 RECRUIT TRAINING.................................................. 76,509 76,509 + 270 ONE STATION UNIT TRAINING......................................... 88,523 88,523 + 280 SENIOR RESERVE OFFICERS TRAINING CORPS............................ 535,578 535,578 + 290 SPECIALIZED SKILL TRAINING........................................ 981,436 981,436 + 300 FLIGHT TRAINING................................................... 1,204,768 1,204,768 + 310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 215,195 215,195 + 320 TRAINING SUPPORT.................................................. 575,232 575,232 + 330 RECRUITING AND ADVERTISING........................................ 722,612 672,612 + Program decrease.............................................. [-50,000] + 340 EXAMINING......................................................... 185,522 185,522 + 350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 221,503 221,503 + 360 CIVILIAN EDUCATION AND TRAINING................................... 154,651 154,651 + 370 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 173,286 173,286 + SUBTOTAL TRAINING AND RECRUITING.............................. 5,299,957 5,249,957 + + ADMIN & SRVWIDE ACTIVITIES + 390 SERVICEWIDE TRANSPORTATION........................................ 491,926 491,926 + 400 CENTRAL SUPPLY ACTIVITIES......................................... 812,613 812,613 + 410 LOGISTIC SUPPORT ACTIVITIES....................................... 676,178 676,178 + 420 AMMUNITION MANAGEMENT............................................. 437,774 437,774 + 430 ADMINISTRATION.................................................... 438,048 433,048 + Program decrease.............................................. [-5,000] + 440 SERVICEWIDE COMMUNICATIONS........................................ 1,638,872 1,628,872 + Reprioritization.............................................. [-10,000] + 450 MANPOWER MANAGEMENT............................................... 300,046 300,046 + 460 OTHER PERSONNEL SUPPORT........................................... 701,103 701,103 + 470 OTHER SERVICE SUPPORT............................................. 1,887,133 1,852,493 + Servicewoman's Commemorative Partnership...................... [3,000] + Transfer to DAWDF--reversal of DWR transfers.................. [-37,640] + 480 ARMY CLAIMS ACTIVITIES............................................ 195,291 195,291 + 490 REAL ESTATE MANAGEMENT............................................ 229,537 229,537 + 500 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 306,370 306,370 + 510 INTERNATIONAL MILITARY HEADQUARTERS............................... 373,030 373,030 + 520 MISC. SUPPORT OF OTHER NATIONS.................................... 32,719 32,719 + 565 CLASSIFIED PROGRAMS............................................... 1,069,915 1,069,915 + SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 9,590,555 9,540,915 + + UNDISTRIBUTED + 570 UNDISTRIBUTED..................................................... -231,457 + Foreign Currency adjustments.................................. [-137,300] + Historical unobligated balances............................... [-94,157] + SUBTOTAL UNDISTRIBUTED........................................ -231,457 + + TOTAL OPERATION & MAINTENANCE, ARMY.......................... 40,312,968 40,189,736 + + OPERATION & MAINTENANCE, ARMY RES + OPERATING FORCES + 010 MODULAR SUPPORT BRIGADES.......................................... 10,784 10,784 + 020 ECHELONS ABOVE BRIGADE............................................ 530,425 530,425 + 030 THEATER LEVEL ASSETS.............................................. 123,737 123,737 + 040 LAND FORCES OPERATIONS SUPPORT.................................... 589,582 589,582 + 050 AVIATION ASSETS................................................... 89,332 89,332 + 060 FORCE READINESS OPERATIONS SUPPORT................................ 387,545 387,545 + 070 LAND FORCES SYSTEMS READINESS..................................... 97,569 97,569 + 080 LAND FORCES DEPOT MAINTENANCE..................................... 43,148 43,148 + 090 BASE OPERATIONS SUPPORT........................................... 587,098 587,098 + 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 327,180 333,239 + Program increase for additional facility requirements......... [6,059] + 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 28,783 28,783 + 120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 2,745 2,745 + 130 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,438 7,438 + SUBTOTAL OPERATING FORCES..................................... 2,825,366 2,831,425 + + ADMIN & SRVWD ACTIVITIES + 140 SERVICEWIDE TRANSPORTATION........................................ 15,530 15,530 + 150 ADMINISTRATION.................................................... 17,761 17,761 + 160 SERVICEWIDE COMMUNICATIONS........................................ 14,256 14,256 + 170 MANPOWER MANAGEMENT............................................... 6,564 6,564 + 180 RECRUITING AND ADVERTISING........................................ 55,240 55,240 + SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 109,351 109,351 + + UNDISTRIBUTED + 210 UNDISTRIBUTED..................................................... -10,100 + Historical unobligated balances............................... [-10,100] + SUBTOTAL UNDISTRIBUTED........................................ -10,100 + + TOTAL OPERATION & MAINTENANCE, ARMY RES...................... 2,934,717 2,930,676 + + OPERATION & MAINTENANCE, ARNG + OPERATING FORCES + 010 MANEUVER UNITS.................................................... 769,449 769,449 + 020 MODULAR SUPPORT BRIGADES.......................................... 204,604 204,604 + 030 ECHELONS ABOVE BRIGADE............................................ 812,072 812,072 + 040 THEATER LEVEL ASSETS.............................................. 103,650 103,650 + 050 LAND FORCES OPERATIONS SUPPORT.................................... 32,485 32,485 + 060 AVIATION ASSETS................................................... 1,011,142 1,011,142 + 070 FORCE READINESS OPERATIONS SUPPORT................................ 712,881 712,881 + 080 LAND FORCES SYSTEMS READINESS..................................... 47,732 47,732 + 090 LAND FORCES DEPOT MAINTENANCE..................................... 265,408 265,408 + 100 BASE OPERATIONS SUPPORT........................................... 1,106,704 1,106,704 + 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 876,032 892,254 + Program increase for additional facility requirements......... [16,222] + 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,050,257 1,050,257 + 130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 7,998 7,998 + 140 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,756 7,756 + SUBTOTAL OPERATING FORCES..................................... 7,008,170 7,024,392 + + ADMIN & SRVWD ACTIVITIES + 150 SERVICEWIDE TRANSPORTATION........................................ 8,018 8,018 + 160 ADMINISTRATION.................................................... 74,309 74,309 + 170 SERVICEWIDE COMMUNICATIONS........................................ 66,140 66,140 + 180 MANPOWER MANAGEMENT............................................... 9,087 9,087 + 190 OTHER PERSONNEL SUPPORT........................................... 251,714 251,714 + 200 REAL ESTATE MANAGEMENT............................................ 2,576 2,576 + SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 411,844 411,844 + + UNDISTRIBUTED + 220 UNDISTRIBUTED..................................................... -19,900 + Historical unobligated balances............................... [-19,900] + SUBTOTAL UNDISTRIBUTED........................................ -19,900 + + TOTAL OPERATION & MAINTENANCE, ARNG.......................... 7,420,014 7,416,336 + + OPERATION & MAINTENANCE, NAVY + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT OPERATIONS............................... 5,738,746 5,359,952 + Transfer to OCO............................................... [-378,794] + 020 FLEET AIR TRAINING................................................ 2,213,673 2,161,673 + Restoration of Congressional mark............................. [-52,000] + 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 57,144 57,144 + 040 AIR OPERATIONS AND SAFETY SUPPORT................................. 171,949 171,949 + 050 AIR SYSTEMS SUPPORT............................................... 838,767 834,067 + Restoration of Congressional mark............................. [-4,700] + 060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,459,447 1,459,447 + 070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 57,789 57,789 + 080 AVIATION LOGISTICS................................................ 1,264,665 1,234,430 + Restoration of Congressional mark............................. [-30,235] + 090 MISSION AND OTHER SHIP OPERATIONS................................. -178,060 + Insufficient justification.................................... [-195,000] + Preservation of LCS 3 and LCS 4............................... [16,940] + 100 SHIP OPERATIONS SUPPORT & TRAINING................................ 1,117,067 1,110,267 + Restoration of Congressional mark............................. [-6,800] + 110 SHIP DEPOT MAINTENANCE............................................ 7,859,104 8,530,664 + Preservation of LCS 3 and LCS 4............................... [21,560] + Realignment from Procurement for Ship Depot Maintenance Pilot. [650,000] + 120 SHIP DEPOT OPERATIONS SUPPORT..................................... 2,262,196 2,261,796 + Preservation of LCS 3 and LCS 4............................... [12,600] + Restoration of Congressional mark............................. [-13,000] + 125 SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN......................... 90,000 + Realignment from Sustainment, Readiness, and Modernization.... [90,000] + 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE...................... 1,521,360 1,502,360 + Restoration of Congressional mark............................. [-19,000] + 140 SPACE SYSTEMS AND SURVEILLANCE.................................... 274,087 274,087 + 150 WARFARE TACTICS................................................... 741,609 741,609 + 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 401,382 401,382 + 170 COMBAT SUPPORT FORCES............................................. 1,546,273 936,273 + Restoration of Congressional mark............................. [-60,000] + Transfer to OCO............................................... [-550,000] + 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................ 177,951 177,951 + 190 COMBATANT COMMANDERS CORE OPERATIONS.............................. 61,484 61,484 + 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 102,330 124,130 + Indo-Pacific Counter-Terrorism Information Facility........... [2,000] + Indo-Pacific Special Operations Joint Task Force.............. [6,300] + INDOPACOM Mission Command and Control (MPE-C2)................ [13,500] + 210 MILITARY INFORMATION SUPPORT OPERATIONS........................... 8,810 8,810 + 220 CYBERSPACE ACTIVITIES............................................. 567,496 567,496 + 230 FLEET BALLISTIC MISSILE........................................... 1,428,102 1,428,102 + 240 WEAPONS MAINTENANCE............................................... 995,762 950,762 + Restoration of Congressional mark............................. [-45,000] + 250 OTHER WEAPON SYSTEMS SUPPORT...................................... 524,008 524,008 + 260 ENTERPRISE INFORMATION............................................ 1,229,056 1,184,056 + Program decrease.............................................. [-25,000] + Restoration of Congressional mark............................. [-20,000] + 270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 3,453,099 3,427,045 + Program increase for additional facility requirements......... [63,946] + Realignment to Shipyard Infrastructure Optimization Plan...... [-90,000] + 280 BASE OPERATING SUPPORT............................................ 4,627,966 4,603,966 + Restoration of Congressional mark............................. [-24,000] + SUBTOTAL OPERATING FORCES..................................... 40,701,322 40,064,639 + + MOBILIZATION + 290 SHIP PREPOSITIONING AND SURGE..................................... 849,993 657,900 + Realignment to National Defense Sealift Fund.................. [-314,193] + Restoration of Congressional mark............................. [-20,000] + Strategic sealift (MSC surge) annual operating result loss.... [57,000] + Surge sealift readiness....................................... [85,100] + 300 READY RESERVE FORCE............................................... 436,029 376,029 + Acquisition and conversion of additional used vessels......... [60,000] + Realignment to National Defense Sealift Fund.................. [-120,000] + 310 SHIP ACTIVATIONS/INACTIVATIONS.................................... 286,416 258,416 + Restoration of Congressional mark............................. [-28,000] + 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 99,402 42,190 + Realignment to National Defense Sealift Fund.................. [-57,212] + 330 COAST GUARD SUPPORT............................................... 25,235 25,235 + SUBTOTAL MOBILIZATION......................................... 1,697,075 1,359,770 + + TRAINING AND RECRUITING + 340 OFFICER ACQUISITION............................................... 186,117 186,117 + 350 RECRUIT TRAINING.................................................. 13,206 13,206 + 360 RESERVE OFFICERS TRAINING CORPS................................... 163,683 163,683 + 370 SPECIALIZED SKILL TRAINING........................................ 947,841 930,641 + Restoration of Congressional mark............................. [-17,200] + 380 PROFESSIONAL DEVELOPMENT EDUCATION................................ 367,647 369,147 + Sea Cadets.................................................... [1,500] + 390 TRAINING SUPPORT.................................................. 254,928 254,928 + 400 RECRUITING AND ADVERTISING........................................ 206,305 206,305 + 410 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 103,799 103,799 + 420 CIVILIAN EDUCATION AND TRAINING................................... 66,060 66,060 + 430 JUNIOR ROTC....................................................... 56,276 56,276 + SUBTOTAL TRAINING AND RECRUITING.............................. 2,365,862 2,350,162 + + ADMIN & SRVWD ACTIVITIES + 440 ADMINISTRATION.................................................... 1,249,410 1,186,410 + Program decrease.............................................. [-30,000] + Restoration of Congressional mark............................. [-33,000] + 450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 189,625 189,625 + 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 499,904 499,904 + 470 MEDICAL ACTIVITIES................................................ 196,747 196,747 + 480 SERVICEWIDE TRANSPORTATION........................................ 165,708 160,614 + Unjustified funding for Dynamic Force Employment.............. [-5,094] + 500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................ 519,716 519,716 + 510 ACQUISITION, LOGISTICS, AND OVERSIGHT............................. 751,184 690,564 + Transfer to DAWDF--reversal of DWR transfers.................. [-60,620] + 520 INVESTIGATIVE AND SECURITY SERVICES............................... 747,519 736,519 + Restoration of Congressional mark............................. [-11,000] + 625 CLASSIFIED PROGRAMS............................................... 608,670 608,670 + SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 4,928,483 4,788,769 + + UNDISTRIBUTED + 770 UNDISTRIBUTED..................................................... -71,900 + Foreign Currency adjustments.................................. [-48,500] + Historical unobligated balances............................... [-23,400] + SUBTOTAL UNDISTRIBUTED........................................ -71,900 + + TOTAL OPERATION & MAINTENANCE, NAVY.......................... 49,692,742 48,491,440 + + OPERATION & MAINTENANCE, MARINE CORPS + OPERATING FORCES + 010 OPERATIONAL FORCES................................................ 941,143 527,743 + Transfer to OCO............................................... [-400,000] + Unjustified funding for Dynamic Force Employment.............. [-13,400] + 020 FIELD LOGISTICS................................................... 1,277,798 1,277,798 + 030 DEPOT MAINTENANCE................................................. 206,907 206,907 + 040 MARITIME PREPOSITIONING........................................... 103,614 103,614 + 050 CYBERSPACE ACTIVITIES............................................. 215,974 215,974 + 060 SUSTAINMENT, RESTORATION & MODERNIZATION.......................... 938,063 955,434 + Program increase for additional facility requirements......... [17,371] + 070 BASE OPERATING SUPPORT............................................ 2,264,680 2,360,680 + Program increase.............................................. [96,000] + SUBTOTAL OPERATING FORCES..................................... 5,948,179 5,648,150 + + TRAINING AND RECRUITING + 080 RECRUIT TRAINING.................................................. 20,751 20,751 + 090 OFFICER ACQUISITION............................................... 1,193 1,193 + 100 SPECIALIZED SKILL TRAINING........................................ 110,149 110,149 + 110 PROFESSIONAL DEVELOPMENT EDUCATION................................ 69,509 69,509 + 120 TRAINING SUPPORT.................................................. 412,613 412,613 + 130 RECRUITING AND ADVERTISING........................................ 215,464 215,464 + 140 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 33,719 33,719 + 150 JUNIOR ROTC....................................................... 25,784 25,784 + SUBTOTAL TRAINING AND RECRUITING.............................. 889,182 889,182 + + ADMIN & SRVWD ACTIVITIES + 160 SERVICEWIDE TRANSPORTATION........................................ 32,005 32,005 + 170 ADMINISTRATION.................................................... 399,363 399,363 + 215 CLASSIFIED PROGRAMS............................................... 59,878 59,878 + SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 491,246 491,246 + + UNDISTRIBUTED + 230 UNDISTRIBUTED..................................................... -19,700 + Foreign Currency adjustments.................................. [-13,400] + Historical unobligated balances............................... [-6,300] + SUBTOTAL UNDISTRIBUTED........................................ -19,700 + + TOTAL OPERATION & MAINTENANCE, MARINE CORPS.................. 7,328,607 7,008,878 + + OPERATION & MAINTENANCE, NAVY RES + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT OPERATIONS............................... 635,070 635,070 + 020 INTERMEDIATE MAINTENANCE.......................................... 8,713 8,713 + 030 AIRCRAFT DEPOT MAINTENANCE........................................ 105,088 105,088 + 040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 398 398 + 050 AVIATION LOGISTICS................................................ 27,284 27,284 + 070 COMBAT COMMUNICATIONS............................................. 17,894 17,894 + 080 COMBAT SUPPORT FORCES............................................. 132,862 132,862 + 090 CYBERSPACE ACTIVITIES............................................. 453 453 + 100 ENTERPRISE INFORMATION............................................ 26,073 26,073 + 110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 48,762 49,665 + Program increase for additional facility requirements......... [903] + 120 BASE OPERATING SUPPORT............................................ 103,580 103,580 + SUBTOTAL OPERATING FORCES..................................... 1,106,177 1,107,080 + + ADMIN & SRVWD ACTIVITIES + 130 ADMINISTRATION.................................................... 1,927 1,927 + 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 15,895 15,895 + 150 ACQUISITION AND PROGRAM MANAGEMENT................................ 3,047 3,047 + SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 20,869 20,869 + + UNDISTRIBUTED + 190 UNDISTRIBUTED..................................................... -3,800 + Historical unobligated balances............................... [-3,800] + SUBTOTAL UNDISTRIBUTED........................................ -3,800 + + TOTAL OPERATION & MAINTENANCE, NAVY RES...................... 1,127,046 1,124,149 + + OPERATION & MAINTENANCE, MC RESERVE + OPERATING FORCES + 010 OPERATING FORCES.................................................. 104,616 104,616 + 020 DEPOT MAINTENANCE................................................. 17,053 17,053 + 030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 41,412 42,179 + Program increase for additional facility requirements......... [767] + 040 BASE OPERATING SUPPORT............................................ 107,773 107,773 + SUBTOTAL OPERATING FORCES..................................... 270,854 271,621 + + ADMIN & SRVWD ACTIVITIES + 050 ADMINISTRATION.................................................... 13,802 13,802 + SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 13,802 13,802 + + UNDISTRIBUTED + 70 UNDISTRIBUTED..................................................... -700 + Historical unobligated balances............................... [-700] + SUBTOTAL UNDISTRIBUTED........................................ -700 + + TOTAL OPERATION & MAINTENANCE, MC RESERVE.................... 284,656 284,723 + + OPERATION & MAINTENANCE, AIR FORCE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES............................................. 731,511 733,181 + A-10 retention................................................ [1,670] + 020 COMBAT ENHANCEMENT FORCES......................................... 1,275,485 1,275,485 + 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,437,095 1,449,525 + A-10 retention................................................ [12,430] + 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 154,260 + A-10 retention................................................ [81,460] + KC-135 and KC-10 aircraft retention........................... [72,800] + 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,241,216 3,301,238 + Program increase for additional facility requirements......... [60,022] + 060 CYBERSPACE SUSTAINMENT............................................ 235,816 235,816 + 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,508,342 1,508,342 + 080 FLYING HOUR PROGRAM............................................... 4,458,457 4,511,317 + A-10 retention................................................ [52,860] + 090 BASE SUPPORT...................................................... 7,497,288 7,487,088 + Unjustified funding for Dynamic Force Employment.............. [-10,200] + 100 GLOBAL C3I AND EARLY WARNING...................................... 849,842 849,842 + 110 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,067,055 820,725 + Realignment from Base to OCO.................................. [-246,330] + 120 CYBERSPACE ACTIVITIES............................................. 698,579 693,579 + Program decrease.............................................. [-5,000] + 150 SPACE CONTROL SYSTEMS............................................. 34,194 34,194 + 160 US NORTHCOM/NORAD................................................. 204,268 204,268 + 170 US STRATCOM....................................................... 526,809 526,809 + 180 US CYBERCOM....................................................... 314,524 314,524 + 190 US CENTCOM........................................................ 186,116 186,116 + 200 US SOCOM.......................................................... 9,881 9,881 + 210 US TRANSCOM....................................................... 1,046 1,046 + 230 USSPACECOM........................................................ 249,022 249,022 + 235 CLASSIFIED PROGRAMS............................................... 1,289,339 1,289,339 + SUBTOTAL OPERATING FORCES..................................... 25,815,885 25,835,597 + + MOBILIZATION + 240 AIRLIFT OPERATIONS................................................ 1,350,031 1,110,031 + Realignment from Base to OCO.................................. [-240,000] + 250 MOBILIZATION PREPAREDNESS......................................... 647,168 647,168 + SUBTOTAL MOBILIZATION......................................... 1,997,199 1,757,199 + + TRAINING AND RECRUITING + 260 OFFICER ACQUISITION............................................... 142,548 142,548 + 270 RECRUIT TRAINING.................................................. 25,720 25,720 + 280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 128,295 128,295 + 290 SPECIALIZED SKILL TRAINING........................................ 417,335 417,335 + 300 FLIGHT TRAINING................................................... 615,033 615,033 + 310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 298,795 298,795 + 320 TRAINING SUPPORT.................................................. 85,844 85,844 + 330 RECRUITING AND ADVERTISING........................................ 155,065 155,065 + 340 EXAMINING......................................................... 4,474 4,474 + 350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 219,349 219,349 + 360 CIVILIAN EDUCATION AND TRAINING................................... 361,570 371,570 + Sustainment Workforce Development Program increase............ [10,000] + 370 JUNIOR ROTC....................................................... 72,126 72,126 + SUBTOTAL TRAINING AND RECRUITING.............................. 2,526,154 2,536,154 + + ADMIN & SRVWD ACTIVITIES + 380 LOGISTICS OPERATIONS.............................................. 672,426 672,426 + 390 TECHNICAL SUPPORT ACTIVITIES...................................... 145,130 103,070 + Transfer to DAWDF--reversal of DWR transfers.................. [-42,060] + 400 ADMINISTRATION.................................................... 851,251 851,251 + 410 SERVICEWIDE COMMUNICATIONS........................................ 28,554 28,554 + 420 OTHER SERVICEWIDE ACTIVITIES...................................... 1,188,414 1,183,814 + Program Decrease.............................................. [-4,600] + 430 CIVIL AIR PATROL.................................................. 28,772 43,215 + Program increase.............................................. [14,443] + 450 INTERNATIONAL SUPPORT............................................. 158,803 158,803 + 455 CLASSIFIED PROGRAMS............................................... 1,338,009 1,338,009 + SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 4,411,359 4,379,142 + + UNDISTRIBUTED + 550 UNDISTRIBUTED..................................................... -72,700 + Foreign Currency adjustments.................................. [-39,400] + Historical unobligated balances............................... [-33,300] + SUBTOTAL UNDISTRIBUTED........................................ -72,700 + + TOTAL OPERATION & MAINTENANCE, AIR FORCE..................... 34,750,597 34,435,392 + + OPERATION & MAINTENANCE, SPACE FORCE + OPERATING FORCES + 020 GLOBAL C3I & EARLY WARNING........................................ 276,109 276,109 + 030 SPACE LAUNCH OPERATIONS........................................... 177,056 177,056 + 040 SPACE OPERATIONS.................................................. 475,338 475,338 + 050 EDUCATION & TRAINING.............................................. 18,660 18,660 + 060 SPECIAL PROGRAMS.................................................. 137,315 137,315 + 070 DEPOT MAINTENANCE................................................. 250,324 250,324 + 080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT............................. 1,063,969 1,060,969 + Program decrease.............................................. [-3,000] + SUBTOTAL OPERATING FORCES..................................... 2,398,771 2,395,771 + + ADMINISTRATION AND SERVICE WIDE ACTIVITIES + 090 ADMINISTRATION.................................................... 132,523 132,523 + SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES........... 132,523 132,523 + + UNDISTRIBUTED + 110 UNDISTRIBUTED..................................................... -2,400 + Historical unobligated balances............................... [-2,400] + SUBTOTAL UNDISTRIBUTED........................................ -2,400 + + TOTAL OPERATION & MAINTENANCE, SPACE FORCE................... 2,531,294 2,525,894 + + OPERATION & MAINTENANCE, AF RESERVE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES............................................. 1,782,016 1,782,016 + 020 MISSION SUPPORT OPERATIONS........................................ 215,209 215,209 + 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 453,896 476,096 + KC-135 and KC-10 aircraft retention........................... [22,200] + 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 103,414 105,329 + Program increase for additional facility requirements......... [1,915] + 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 224,977 224,977 + 060 BASE SUPPORT...................................................... 452,468 452,468 + 070 CYBERSPACE ACTIVITIES............................................. 2,259 2,259 + SUBTOTAL OPERATING FORCES..................................... 3,234,239 3,258,354 + + ADMINISTRATION AND SERVICEWIDE ACTIVITIES + 080 ADMINISTRATION.................................................... 74,258 74,258 + 090 RECRUITING AND ADVERTISING........................................ 23,121 23,121 + 100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 12,006 12,006 + 110 OTHER PERS SUPPORT (DISABILITY COMP).............................. 6,165 6,165 + 120 AUDIOVISUAL....................................................... 495 495 + SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES............ 116,045 116,045 + + UNDISTRIBUTED + 130 UNDISTRIBUTED..................................................... -9,100 + Historical unobligated balances............................... [-9,100] + SUBTOTAL UNDISTRIBUTED........................................ -9,100 + + TOTAL OPERATION & MAINTENANCE, AF RESERVE.................... 3,350,284 3,365,299 + + OPERATION & MAINTENANCE, ANG + OPERATING FORCES + 010 AIRCRAFT OPERATIONS............................................... 2,476,205 2,476,205 + 020 MISSION SUPPORT OPERATIONS........................................ 611,325 611,325 + 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 1,138,919 1,153,919 + KC-135 aircraft retention..................................... [15,000] + 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 323,605 359,598 + Installation recovery......................................... [30,000] + Program increase for additional facility requirements......... [5,993] + 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,100,828 1,100,828 + 060 BASE SUPPORT...................................................... 962,438 962,438 + 070 CYBERSPACE SUSTAINMENT............................................ 27,028 27,028 + 080 CYBERSPACE ACTIVITIES............................................. 16,380 16,380 + SUBTOTAL OPERATING FORCES..................................... 6,656,728 6,707,721 + + ADMINISTRATION AND SERVICE-WIDE ACTIVITIES + 090 ADMINISTRATION.................................................... 48,218 48,218 + 100 RECRUITING AND ADVERTISING........................................ 48,696 48,696 + SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 96,914 96,914 + + UNDISTRIBUTED + 110 UNDISTRIBUTED..................................................... -13,300 + Historical unobligated balances............................... [-13,300] + SUBTOTAL UNDISTRIBUTED........................................ -13,300 + + TOTAL OPERATION & MAINTENANCE, ANG........................... 6,753,642 6,791,335 + + OPERATION AND MAINTENANCE, DEFENSE-WIDE + OPERATING FORCES + 010 JOINT CHIEFS OF STAFF............................................. 439,111 439,111 + 020 JOINT CHIEFS OF STAFF--CE2T2...................................... 535,728 535,728 + 030 JOINT CHIEFS OF STAFF--CYBER...................................... 24,728 24,728 + 040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.......... 1,069,971 1,069,971 + 050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES.................. 9,800 9,800 + 060 SPECIAL OPERATIONS COMMAND INTELLIGENCE........................... 561,907 556,907 + Unjustified growth............................................ [-5,000] + 070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................ 685,097 680,097 + Program decrease.............................................. [-5,000] + 080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS.... 158,971 158,971 + 090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.................... 1,062,748 1,062,748 + 100 SPECIAL OPERATIONS COMMAND THEATER FORCES......................... 2,598,385 2,598,385 + SUBTOTAL OPERATING FORCES..................................... 7,146,446 7,136,446 + + TRAINING AND RECRUITING + 120 DEFENSE ACQUISITION UNIVERSITY.................................... 162,963 162,963 + 130 JOINT CHIEFS OF STAFF............................................. 95,684 95,684 + 140 PROFESSIONAL DEVELOPMENT EDUCATION................................ 33,301 33,301 + SUBTOTAL TRAINING AND RECRUITING.............................. 291,948 291,948 + + ADMIN & SRVWIDE ACTIVITIES + 160 CIVIL MILITARY PROGRAMS........................................... 147,993 167,993 + Program increase--STARBASE.................................... [20,000] + 180 DEFENSE CONTRACT AUDIT AGENCY..................................... 604,835 636,565 + Restoration of DWR reductions................................. [31,730] + 190 DEFENSE CONTRACT AUDIT AGENCY--CYBER.............................. 3,282 3,282 + 210 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,370,681 1,445,781 + Restoration of DWR reductions................................. [75,100] + 220 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER......................... 22,532 22,532 + 230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY................... 949,008 949,008 + 250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............ 9,577 9,577 + 260 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 799,952 813,356 + Defense Flagship Language and Project Global Officer program [13,404] + increase...................................................... + 270 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER........................... 20,806 20,806 + 280 DEFENSE INFORMATION SYSTEMS AGENCY................................ 1,883,190 1,871,590 + JRSS program decrease......................................... [-11,600] + 290 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER......................... 582,639 582,639 + 330 DEFENSE LEGAL SERVICES AGENCY..................................... 37,637 37,637 + 340 DEFENSE LOGISTICS AGENCY.......................................... 382,084 412,084 + Maternity Uniform Pilot Program............................... [10,000] + Program increase--PTAP........................................ [20,000] + 350 DEFENSE MEDIA ACTIVITY............................................ 196,997 205,997 + Stars and Stripes............................................. [9,000] + 360 DEFENSE PERSONNEL ACCOUNTING AGENCY............................... 129,225 129,225 + 370 DEFENSE SECURITY COOPERATION AGENCY............................... 598,559 598,559 + 400 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 38,432 38,432 + 410 DEFENSE THREAT REDUCTION AGENCY................................... 591,780 591,780 + 430 DEFENSE THREAT REDUCTION AGENCY--CYBER............................ 24,635 24,635 + 440 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 2,941,429 2,991,429 + Impact Aid.................................................... [40,000] + Impact Aid for children with disabilities..................... [10,000] + 450 MISSILE DEFENSE AGENCY............................................ 505,858 505,858 + 480 OFFICE OF ECONOMIC ADJUSTMENT..................................... 40,272 129,272 + Defense Community Infrastructure Program...................... [50,000] + Guam Public Health Laboratory................................. [19,000] + Restoration of DWR reduction.................................. [20,000] + 490 OFFICE OF THE SECRETARY OF DEFENSE................................ 1,540,446 1,619,446 + Additional FTEs, Office of the Deputy Assistant Secretary for [2,000] + Environment................................................... + Additional FTEs, Office of the Deputy Assistant Secretary for [2,000] + Facilities Management......................................... + Basic needs allowance......................................... [50,000] + JASON scientific advisory group............................... [3,000] + National Security Commission on Artificial Intelligence [2,500] + (NSCAI)....................................................... + Program decrease.............................................. [-15,500] + Program increase--Readiness and Environmental Protection [25,000] + Initiative.................................................... + Undersecretary of Defense for Intelligence and Security, [10,000] + medical intelligence improvements............................. + 500 OFFICE OF THE SECRETARY OF DEFENSE--CYBER......................... 51,630 51,630 + 510 SPACE DEVELOPMENT AGENCY.......................................... 48,166 36,166 + Reduction for studies......................................... [-7,000] + Unjustified growth............................................ [-5,000] + 530 WASHINGTON HEADQUARTERS SERVICES.................................. 340,291 340,291 + 535 CLASSIFIED PROGRAMS............................................... 17,348,749 17,348,749 + SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 31,210,685 31,584,319 + + UNDISTRIBUTED + 600 UNDISTRIBUTED..................................................... -88,000 + Foreign Currency adjustments.................................. [-18,700] + Historical unobligated balances............................... [-69,300] + SUBTOTAL UNDISTRIBUTED........................................ -88,000 + + TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE................ 38,649,079 38,924,713 + + US COURT OF APPEALS FOR ARMED FORCES, DEF + ADMINISTRATION AND ASSOCIATED ACTIVITIES + 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 15,211 15,211 + SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES............. 15,211 15,211 + + TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF.............. 15,211 15,211 + + DOD ACQUISITION WORKFORCE DEVELOPMENT FUND + ACQUISITION WORKFORCE DEVELOPMENT + 010 ACQ WORKFORCE DEV FD.............................................. 58,181 198,501 + Transfer from services--reversal of DWR transfers............. [140,320] + SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT.................... 58,181 198,501 + + TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND............. 58,181 198,501 + + OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID + HUMANITARIAN ASSISTANCE + 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 109,900 109,900 + SUBTOTAL HUMANITARIAN ASSISTANCE.............................. 109,900 109,900 + + TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID......... 109,900 109,900 + + COOPERATIVE THREAT REDUCTION ACCOUNT + COOPERATIVE THREAT REDUCTION + 010 COOPERATIVE THREAT REDUCTION...................................... 238,490 373,690 + Restoration of funding........................................ [135,200] + SUBTOTAL COOPERATIVE THREAT REDUCTION......................... 238,490 373,690 + + TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT................... 238,490 373,690 + + ENVIRONMENTAL RESTORATION + DEPARTMENT OF THE ARMY + 050 ENVIRONMENTAL RESTORATION, ARMY................................... 207,518 207,518 + SUBTOTAL DEPARTMENT OF THE ARMY............................... 207,518 207,518 + + DEPARTMENT OF THE NAVY + 060 ENVIRONMENTAL RESTORATION, NAVY................................... 335,932 335,932 + SUBTOTAL DEPARTMENT OF THE NAVY............................... 335,932 335,932 + + DEPARTMENT OF THE AIR FORCE + 070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 303,926 303,926 + SUBTOTAL DEPARTMENT OF THE AIR FORCE.......................... 303,926 303,926 + + DEFENSE-WIDE + 080 ENVIRONMENTAL RESTORATION, DEFENSE................................ 9,105 9,105 + SUBTOTAL DEFENSE-WIDE......................................... 9,105 9,105 + + DEFENSE-WIDE + 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 216,587 266,587 + Military Munitions Response Program........................... [50,000] + SUBTOTAL DEFENSE-WIDE......................................... 216,587 266,587 + + TOTAL ENVIRONMENTAL RESTORATION.............................. 1,073,068 1,123,068 + + UNDISTRIBUTED + 010 UNDISTRIBUTED..................................................... -1,455,870 + Excessive standard price for fuel............................. [-1,455,870] + SUBTOTAL UNDISTRIBUTED........................................ -1,455,870 + + TOTAL UNDISTRIBUTED.......................................... -1,455,870 + + TOTAL OPERATION & MAINTENANCE................................ 196,630,496 193,853,071 +---------------------------------------------------------------------------------------------------------------- + +SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY + OPERATIONS. + +------------------------------------------------------------------------ +SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS + (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 House + Line Item Request Authorized +------------------------------------------------------------------------ + OPERATION & MAINTENANCE, ARMY + OPERATING FORCES + 010 MANEUVER UNITS................ 4,114,001 3,789,001 + Drawdown from Operation [-75,000] + Freedom's Sentinel........ + Unjustified funding for [-250,000] + Dynamic Force Employment.. + 030 ECHELONS ABOVE BRIGADE........ 32,811 32,811 + 040 THEATER LEVEL ASSETS.......... 2,542,760 2,102,760 + Drawdown from Operation [-440,000] + Freedom's Sentinel........ + 050 LAND FORCES OPERATIONS SUPPORT 162,557 122,557 + Drawdown from Operation [-40,000] + Freedom's Sentinel........ + 060 AVIATION ASSETS............... 204,396 179,572 + Drawdown from Operation [-24,824] + Freedom's Sentinel........ + 070 FORCE READINESS OPERATIONS 5,716,734 4,716,734 + SUPPORT...................... + Drawdown from Operation [-1,000,000] + Freedom's Sentinel........ + 080 LAND FORCES SYSTEMS READINESS. 180,048 140,048 + Drawdown from Operation [-40,000] + Freedom's Sentinel........ + 090 LAND FORCES DEPOT MAINTENANCE. 81,125 81,125 + 100 BASE OPERATIONS SUPPORT....... 219,029 219,029 + 110 FACILITIES SUSTAINMENT, 301,017 301,017 + RESTORATION & MODERNIZATION.. + 130 ADDITIONAL ACTIVITIES......... 966,649 782,649 + Drawdown from Operation [-184,000] + Freedom's Sentinel........ + 140 COMMANDER'S EMERGENCY RESPONSE 2,500 2,500 + PROGRAM...................... + 150 RESET......................... 403,796 803,796 + Retrograde from Operation [400,000] + Freedom's Sentinel........ + 160 US AFRICA COMMAND............. 100,422 100,422 + 170 US EUROPEAN COMMAND........... 120,043 120,043 + 200 CYBERSPACE ACTIVITIES-- 98,461 98,461 + CYBERSPACE OPERATIONS........ + 210 CYBERSPACE ACTIVITIES-- 21,256 21,256 + CYBERSECURITY................ + SUBTOTAL OPERATING FORCES. 15,267,605 13,613,781 + + MOBILIZATION + 230 ARMY PREPOSITIONED STOCKS..... 103,052 103,052 + SUBTOTAL MOBILIZATION..... 103,052 103,052 + + TRAINING AND RECRUITING + 290 SPECIALIZED SKILL TRAINING.... 89,943 89,943 + 320 TRAINING SUPPORT.............. 2,550 2,550 + SUBTOTAL TRAINING AND 92,493 92,493 + RECRUITING................ + + ADMIN & SRVWIDE ACTIVITIES + 390 SERVICEWIDE TRANSPORTATION.... 521,090 821,090 + Retrograde from Operation [300,000] + Freedom's Sentinel........ + 400 CENTRAL SUPPLY ACTIVITIES..... 43,897 43,897 + 410 LOGISTIC SUPPORT ACTIVITIES... 68,423 68,423 + 420 AMMUNITION MANAGEMENT......... 29,162 29,162 + 440 SERVICEWIDE COMMUNICATIONS.... 11,447 11,447 + 470 OTHER SERVICE SUPPORT......... 5,839 5,839 + 490 REAL ESTATE MANAGEMENT........ 48,782 48,782 + 510 INTERNATIONAL MILITARY 50,000 50,000 + HEADQUARTERS................. + 565 CLASSIFIED PROGRAMS........... 895,964 895,964 + SUBTOTAL ADMIN & SRVWIDE 1,674,604 1,974,604 + ACTIVITIES................ + + TOTAL OPERATION & 17,137,754 15,783,930 + MAINTENANCE, ARMY........ + + OPERATION & MAINTENANCE, ARMY + RES + OPERATING FORCES + 020 ECHELONS ABOVE BRIGADE........ 17,193 17,193 + 060 FORCE READINESS OPERATIONS 440 440 + SUPPORT...................... + 090 BASE OPERATIONS SUPPORT....... 15,766 15,766 + SUBTOTAL OPERATING FORCES. 33,399 33,399 + + TOTAL OPERATION & 33,399 33,399 + MAINTENANCE, ARMY RES.... + + OPERATION & MAINTENANCE, ARNG + OPERATING FORCES + 010 MANEUVER UNITS................ 25,746 25,746 + 020 MODULAR SUPPORT BRIGADES...... 40 40 + 030 ECHELONS ABOVE BRIGADE........ 983 983 + 040 THEATER LEVEL ASSETS.......... 22 22 + 060 AVIATION ASSETS............... 20,624 20,624 + 070 FORCE READINESS OPERATIONS 7,914 7,914 + SUPPORT...................... + 100 BASE OPERATIONS SUPPORT....... 24,417 24,417 + SUBTOTAL OPERATING FORCES. 79,746 79,746 + + ADMIN & SRVWD ACTIVITIES + 170 SERVICEWIDE COMMUNICATIONS.... 46 46 + SUBTOTAL ADMIN & SRVWD 46 46 + ACTIVITIES................ + + TOTAL OPERATION & 79,792 79,792 + MAINTENANCE, ARNG........ + + AFGHANISTAN SECURITY FORCES + FUND + AFGHAN NATIONAL ARMY + 010 SUSTAINMENT................... 1,065,932 1,065,932 + 020 INFRASTRUCTURE................ 64,501 64,501 + 030 EQUIPMENT AND TRANSPORTATION.. 47,854 47,854 + 040 TRAINING AND OPERATIONS....... 56,780 56,780 + SUBTOTAL AFGHAN NATIONAL 1,235,067 1,235,067 + ARMY...................... + + AFGHAN NATIONAL POLICE + 050 SUSTAINMENT................... 434,500 434,500 + 060 INFRASTRUCTURE................ 448 448 + 070 EQUIPMENT AND TRANSPORTATION.. 108,231 108,231 + 080 TRAINING AND OPERATIONS....... 58,993 58,993 + SUBTOTAL AFGHAN NATIONAL 602,172 602,172 + POLICE.................... + + AFGHAN AIR FORCE + 090 SUSTAINMENT................... 534,102 534,102 + 100 INFRASTRUCTURE................ 9,532 9,532 + 110 EQUIPMENT AND TRANSPORTATION.. 58,487 58,487 + 120 TRAINING AND OPERATIONS....... 233,803 233,803 + SUBTOTAL AFGHAN AIR FORCE. 835,924 835,924 + + AFGHAN SPECIAL SECURITY FORCES + UNDISTRIBUTED + 130 SUSTAINMENT................... 680,024 680,024 + 140 INFRASTRUCTURE................ 2,532 2,532 + 150 EQUIPMENT AND TRANSPORTATION.. 486,808 486,808 + 160 TRAINING AND OPERATIONS....... 173,085 173,085 + SUBTOTAL AFGHAN SPECIAL 1,342,449 1,342,449 + SECURITY FORCES........... + + 170 UNDISTRIBUTED................. -500,000 + Insufficient justification [-500,000] + SUBTOTAL UNDISTRIBUTED.... -500,000 + + TOTAL AFGHANISTAN 4,015,612 3,515,612 + SECURITY FORCES FUND..... + + COUNTER ISIS TRAIN AND EQUIP + FUND (CTEF) + COUNTER ISIS TRAIN AND EQUIP + FUND (CTEF) + 010 IRAQ.......................... 645,000 500,000 + Program decrease.......... [-145,000] + 020 SYRIA......................... 200,000 200,000 + SUBTOTAL COUNTER ISIS 845,000 700,000 + TRAIN AND EQUIP FUND + (CTEF).................... + + TOTAL COUNTER ISIS TRAIN 845,000 700,000 + AND EQUIP FUND (CTEF).... + + OPERATION & MAINTENANCE, NAVY + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT 382,062 760,856 + OPERATIONS................... + Transfer from base........ [378,794] + 030 AVIATION TECHNICAL DATA & 832 832 + ENGINEERING SERVICES......... + 040 AIR OPERATIONS AND SAFETY 17,840 17,840 + SUPPORT...................... + 050 AIR SYSTEMS SUPPORT........... 210,692 210,692 + 060 AIRCRAFT DEPOT MAINTENANCE.... 170,580 170,580 + 070 AIRCRAFT DEPOT OPERATIONS 5,854 5,854 + SUPPORT...................... + 080 AVIATION LOGISTICS............ 33,707 33,707 + 090 MISSION AND OTHER SHIP 5,817,696 5,817,696 + OPERATIONS................... + 100 SHIP OPERATIONS SUPPORT & 20,741 20,741 + TRAINING..................... + 110 SHIP DEPOT MAINTENANCE........ 2,072,470 2,072,470 + 130 COMBAT COMMUNICATIONS AND 59,254 59,254 + ELECTRONIC WARFARE........... + 140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000 + 150 WARFARE TACTICS............... 17,324 17,324 + 160 OPERATIONAL METEOROLOGY AND 22,581 22,581 + OCEANOGRAPHY................. + 170 COMBAT SUPPORT FORCES......... 772,441 1,322,441 + Transfer from base........ [550,000] + 180 EQUIPMENT MAINTENANCE AND 5,788 5,788 + DEPOT OPERATIONS SUPPORT..... + 200 COMBATANT COMMANDERS DIRECT 24,800 24,800 + MISSION SUPPORT.............. + 220 CYBERSPACE ACTIVITIES......... 369 369 + 240 WEAPONS MAINTENANCE........... 567,247 567,247 + 250 OTHER WEAPON SYSTEMS SUPPORT.. 12,571 12,571 + 270 SUSTAINMENT, RESTORATION AND 70,041 70,041 + MODERNIZATION................ + 280 BASE OPERATING SUPPORT........ 218,792 218,792 + SUBTOTAL OPERATING FORCES. 10,521,682 11,450,476 + + MOBILIZATION + 320 EXPEDITIONARY HEALTH SERVICES 22,589 22,589 + SYSTEMS...................... + SUBTOTAL MOBILIZATION..... 22,589 22,589 + + TRAINING AND RECRUITING + 370 SPECIALIZED SKILL TRAINING.... 53,204 53,204 + SUBTOTAL TRAINING AND 53,204 53,204 + RECRUITING................ + + ADMIN & SRVWD ACTIVITIES + 440 ADMINISTRATION................ 9,983 9,983 + 460 MILITARY MANPOWER AND 7,805 7,805 + PERSONNEL MANAGEMENT......... + 480 SERVICEWIDE TRANSPORTATION.... 72,097 72,097 + 510 ACQUISITION, LOGISTICS, AND 11,354 11,354 + OVERSIGHT.................... + 520 INVESTIGATIVE AND SECURITY 1,591 1,591 + SERVICES..................... + SUBTOTAL ADMIN & SRVWD 102,830 102,830 + ACTIVITIES................ + + TOTAL OPERATION & 10,700,305 11,629,099 + MAINTENANCE, NAVY........ + + OPERATION & MAINTENANCE, + MARINE CORPS + OPERATING FORCES + 010 OPERATIONAL FORCES............ 727,989 1,127,989 + Transfer from base........ [400,000] + 020 FIELD LOGISTICS............... 195,001 195,001 + 030 DEPOT MAINTENANCE............. 55,183 55,183 + 050 CYBERSPACE ACTIVITIES......... 10,000 10,000 + 070 BASE OPERATING SUPPORT........ 24,569 24,569 + SUBTOTAL OPERATING FORCES. 1,012,742 1,412,742 + + TRAINING AND RECRUITING + 120 TRAINING SUPPORT.............. 28,458 28,458 + SUBTOTAL TRAINING AND 28,458 28,458 + RECRUITING................ + + ADMIN & SRVWD ACTIVITIES + 160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400 + SUBTOTAL ADMIN & SRVWD 61,400 61,400 + ACTIVITIES................ + + TOTAL OPERATION & 1,102,600 1,502,600 + MAINTENANCE, MARINE CORPS + + OPERATION & MAINTENANCE, NAVY + RES + OPERATING FORCES + 020 INTERMEDIATE MAINTENANCE...... 522 522 + 030 AIRCRAFT DEPOT MAINTENANCE.... 11,861 11,861 + 080 COMBAT SUPPORT FORCES......... 9,109 9,109 + SUBTOTAL OPERATING FORCES. 21,492 21,492 + + TOTAL OPERATION & 21,492 21,492 + MAINTENANCE, NAVY RES.... + + OPERATION & MAINTENANCE, MC + RESERVE + OPERATING FORCES + 010 OPERATING FORCES.............. 7,627 7,627 + 040 BASE OPERATING SUPPORT........ 1,080 1,080 + SUBTOTAL OPERATING FORCES. 8,707 8,707 + + TOTAL OPERATION & 8,707 8,707 + MAINTENANCE, MC RESERVE.. + + OPERATION & MAINTENANCE, AIR + FORCE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES......... 125,551 125,551 + 020 COMBAT ENHANCEMENT FORCES..... 916,538 978,538 + MQ-9 government owned- [62,000] + contractor operated combat + line operations in U.S. + Central Command........... + 030 AIR OPERATIONS TRAINING (OJT, 93,970 93,970 + MAINTAIN SKILLS)............. + 040 DEPOT PURCHASE EQUIPMENT 3,528,059 3,528,059 + MAINTENANCE.................. + 050 FACILITIES SUSTAINMENT, 147,264 147,264 + RESTORATION & MODERNIZATION.. + 060 CYBERSPACE SUSTAINMENT........ 10,842 10,842 + 070 CONTRACTOR LOGISTICS SUPPORT 7,187,100 7,187,100 + AND SYSTEM SUPPORT........... + 080 FLYING HOUR PROGRAM........... 2,031,548 2,031,548 + 090 BASE SUPPORT.................. 1,540,444 1,478,444 + Program decrease.......... [-62,000] + 100 GLOBAL C3I AND EARLY WARNING.. 13,709 13,709 + 110 OTHER COMBAT OPS SPT PROGRAMS. 345,800 592,130 + Realignment from Base to [246,330] + OCO....................... + 120 CYBERSPACE ACTIVITIES......... 17,936 17,936 + 130 TACTICAL INTEL AND OTHER 36,820 36,820 + SPECIAL ACTIVITIES........... + 140 LAUNCH FACILITIES............. 70 70 + 150 SPACE CONTROL SYSTEMS......... 1,450 1,450 + 160 US NORTHCOM/NORAD............. 725 725 + 170 US STRATCOM................... 856 856 + 180 US CYBERCOM................... 35,189 35,189 + 190 US CENTCOM.................... 126,934 126,934 + SUBTOTAL OPERATING FORCES. 16,160,805 16,407,135 + + MOBILIZATION + 240 AIRLIFT OPERATIONS............ 1,271,439 1,511,439 + Realignment from Base to [240,000] + OCO....................... + 250 MOBILIZATION PREPAREDNESS..... 120,866 120,866 + SUBTOTAL MOBILIZATION..... 1,392,305 1,632,305 + + TRAINING AND RECRUITING + 260 OFFICER ACQUISITION........... 200 200 + 270 RECRUIT TRAINING.............. 352 352 + 290 SPECIALIZED SKILL TRAINING.... 27,010 27,010 + 300 FLIGHT TRAINING............... 844 844 + 310 PROFESSIONAL DEVELOPMENT 1,199 1,199 + EDUCATION.................... + 320 TRAINING SUPPORT.............. 1,320 1,320 + SUBTOTAL TRAINING AND 30,925 30,925 + RECRUITING................ + + ADMIN & SRVWD ACTIVITIES + 380 LOGISTICS OPERATIONS.......... 164,701 164,701 + 390 TECHNICAL SUPPORT ACTIVITIES.. 11,782 11,782 + 400 ADMINISTRATION................ 3,886 3,886 + 410 SERVICEWIDE COMMUNICATIONS.... 355 355 + 420 OTHER SERVICEWIDE ACTIVITIES.. 100,831 100,831 + 450 INTERNATIONAL SUPPORT......... 29,928 29,928 + 455 CLASSIFIED PROGRAMS........... 34,502 34,502 + SUBTOTAL ADMIN & SRVWD 345,985 345,985 + ACTIVITIES................ + + TOTAL OPERATION & 17,930,020 18,416,350 + MAINTENANCE, AIR FORCE... + + OPERATION & MAINTENANCE, SPACE + FORCE + OPERATING FORCES + 020 GLOBAL C3I & EARLY WARNING.... 227 227 + 030 SPACE LAUNCH OPERATIONS....... 321 321 + 040 SPACE OPERATIONS.............. 15,135 15,135 + 070 DEPOT MAINTENANCE............. 18,268 18,268 + 080 CONTRACTOR LOGISTICS & SYSTEM 43,164 43,164 + SUPPORT...................... + SUBTOTAL OPERATING FORCES. 77,115 77,115 + + TOTAL OPERATION & 77,115 77,115 + MAINTENANCE, SPACE FORCE. + + OPERATION & MAINTENANCE, AF + RESERVE + OPERATING FORCES + 030 DEPOT PURCHASE EQUIPMENT 24,408 24,408 + MAINTENANCE.................. + 060 BASE SUPPORT.................. 5,682 5,682 + SUBTOTAL OPERATING FORCES. 30,090 30,090 + + TOTAL OPERATION & 30,090 30,090 + MAINTENANCE, AF RESERVE.. + + OPERATION & MAINTENANCE, ANG + OPERATING FORCES + 020 MISSION SUPPORT OPERATIONS.... 3,739 3,739 + 030 DEPOT PURCHASE EQUIPMENT 61,862 61,862 + MAINTENANCE.................. + 050 CONTRACTOR LOGISTICS SUPPORT 97,108 97,108 + AND SYSTEM SUPPORT........... + 060 BASE SUPPORT.................. 12,933 12,933 + SUBTOTAL OPERATING FORCES. 175,642 175,642 + + TOTAL OPERATION & 175,642 175,642 + MAINTENANCE, ANG......... + + OPERATION AND MAINTENANCE, + DEFENSE-WIDE + OPERATING FORCES + 010 JOINT CHIEFS OF STAFF......... 3,799 3,799 + 020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634 + 040 SPECIAL OPERATIONS COMMAND 898,024 893,024 + COMBAT DEVELOPMENT ACTIVITIES + Maritime Support Vessel... [-5,000] + 060 SPECIAL OPERATIONS COMMAND 1,244,553 1,214,553 + INTELLIGENCE................. + Program decrease.......... [-30,000] + 070 SPECIAL OPERATIONS COMMAND 354,951 354,951 + MAINTENANCE.................. + 090 SPECIAL OPERATIONS COMMAND 104,535 104,535 + OPERATIONAL SUPPORT.......... + 100 SPECIAL OPERATIONS COMMAND 757,744 732,744 + THEATER FORCES............... + Unjustified growth........ [-25,000] + SUBTOTAL OPERATING FORCES. 3,370,240 3,310,240 + + ADMIN & SRVWIDE ACTIVITIES + 180 DEFENSE CONTRACT AUDIT AGENCY. 1,247 1,247 + 210 DEFENSE CONTRACT MANAGEMENT 21,723 21,723 + AGENCY....................... + 280 DEFENSE INFORMATION SYSTEMS 56,256 56,256 + AGENCY....................... + 290 DEFENSE INFORMATION SYSTEMS 3,524 3,524 + AGENCY--CYBER................ + 330 DEFENSE LEGAL SERVICES AGENCY. 156,373 156,373 + 350 DEFENSE MEDIA ACTIVITY........ 3,555 9,555 + Stars and Stripes......... [6,000] + 370 DEFENSE SECURITY COOPERATION 1,557,763 1,337,763 + AGENCY....................... + Program increase--security [30,000] + cooperation............... + Transfer to Ukraine [-250,000] + Security Assistance....... + 410 DEFENSE THREAT REDUCTION 297,486 297,486 + AGENCY....................... + 490 OFFICE OF THE SECRETARY OF 16,984 16,984 + DEFENSE...................... + 530 WASHINGTON HEADQUARTERS 1,997 1,997 + SERVICES..................... + 535 CLASSIFIED PROGRAMS........... 535,106 535,106 + SUBTOTAL ADMIN & SRVWIDE 2,652,014 2,438,014 + ACTIVITIES................ + + TOTAL OPERATION AND 6,022,254 5,748,254 + MAINTENANCE, DEFENSE-WIDE + + UKRAINE SECURITY ASSISTANCE + UKRAINE SECURITY ASSISTANCE + 010 UKRAINE SECURITY ASSISTANCE 250,000 + INITIATIVE................... + Transfer from Defense [250,000] + Security Cooperation + Agency.................... + SUBTOTAL UKRAINE SECURITY 250,000 + ASSISTANCE................ + + TOTAL UKRAINE SECURITY 250,000 + ASSISTANCE............... + + TOTAL OPERATION & 58,179,782 57,972,082 + MAINTENANCE.............. +------------------------------------------------------------------------ + + TITLE XLIV--MILITARY PERSONNEL + +SEC. 4401. MILITARY PERSONNEL. + +------------------------------------------------------------------------ + SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 House + Item Request Authorized +------------------------------------------------------------------------ +Military Personnel Appropriations..... 150,524,104 149,384,304 +Historical unobligated balances....... -924,000 +Foreign Currency adjustments.......... -169,800 +Standardization of payment of 50,000 + hazardous duty incentive pay......... +Program decrease--Marine Corps........ -96,000 +Medicare-Eligible Retiree Health Fund 8,372,741 8,372,741 + Contributions........................ +------------------------------------------------------------------------ + +SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS. + +------------------------------------------------------------------------ + SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In + Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 House + Item Request Authorized +------------------------------------------------------------------------ +Military Personnel Appropriations....... 4,602,593 4,602,593 +------------------------------------------------------------------------ + + TITLE XLV--OTHER AUTHORIZATIONS + +SEC. 4501. OTHER AUTHORIZATIONS. + +------------------------------------------------------------------------ + SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 House + Item Request Authorized +------------------------------------------------------------------------ +WORKING CAPITAL FUND, ARMY +ARMY ARSENALS INITIATIVE................ 32,551 32,551 +ARMY SUPPLY MANAGEMENT.................. 24,166 24,166 + TOTAL WORKING CAPITAL FUND, ARMY..... 56,717 56,717 + +WORKING CAPITAL FUND, AIR FORCE +WORKING CAPITAL FUND +WORKING CAPITAL FUND.................... 95,712 95,712 + TOTAL WORKING CAPITAL FUND, AIR FORCE 95,712 95,712 + +WORKING CAPITAL FUND, DEFENSE-WIDE +WORKING CAPITAL FUND SUPPORT +WORKING CAPITAL FUND SUPPORT............ 49,821 49,821 + TOTAL WORKING CAPITAL FUND, DEFENSE- 49,821 49,821 + WIDE................................. + +WORKING CAPITAL FUND, DECA +WORKING CAPITAL FUND SUPPORT............ 1,146,660 1,146,660 + TOTAL WORKING CAPITAL FUND, DECA..... 1,146,660 1,146,660 + +NATIONAL DEFENSE SEALIFT FUND +SEALIFT RECAPITALIZATION................ 170,000 + Accelerate design of a commercial- [50,000] + based sealift ship................. + Transfer from OMN-300 for [120,000] + acquisition of four used sealift + vessels............................ +SHIP PREPOSITIONING AND SURGE........... 314,193 + Transfer from OMN-290.............. [314,193] +EXPEDITIONARY HEALTH SERVICES........... 57,212 + Transfer from OMN-320.............. [57,212] + TOTAL NATIONAL DEFENSE SEALIFT FUND.. 541,405 + +CHEM AGENTS & MUNITIONS DESTRUCTION +CHEM DEMILITARIZATION--O&M.............. 106,691 101,691 + Program decrease................... [-5,000] +CHEM DEMILITARIZATION--RDT&E............ 782,193 774,193 + Program decrease................... [-8,000] +CHEM DEMILITARIZATION--PROC............. 616 616 + TOTAL CHEM AGENTS & MUNITIONS 889,500 876,500 + DESTRUCTION.......................... + +DRUG INTERDICTION & CTR-DRUG ACTIVITIES, + DEF +COUNTER-NARCOTICS SUPPORT............... 546,203 546,203 +DRUG DEMAND REDUCTION PROGRAM........... 123,704 123,704 +NATIONAL GUARD COUNTER-DRUG PROGRAM..... 94,211 94,211 +NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,511 5,511 + TOTAL DRUG INTERDICTION & CTR-DRUG 769,629 769,629 + ACTIVITIES, DEF...................... + +OFFICE OF THE INSPECTOR GENERAL +OFFICE OF THE INSPECTOR GENERAL......... 368,279 384,536 + Additional oversight of coronavirus [16,257] + relief............................. +OFFICE OF THE INSPECTOR GENERAL--CYBER +OFFICE OF THE INSPECTOR GENERAL--CYBER.. 1,204 1,204 +OFFICE OF THE INSPECTOR GENERAL--RDTE... 1,098 1,098 +OFFICE OF THE INSPECTOR GENERAL-- 858 858 + PROCUREMENT............................ + TOTAL OFFICE OF THE INSPECTOR GENERAL 371,439 387,696 + +DEFENSE HEALTH PROGRAM +IN-HOUSE CARE........................... 9,560,564 9,565,564 + Program decrease................... [-31,000] + Reverse DWR savings from downsizing [36,000] + MTFs............................... +PRIVATE SECTOR CARE..................... 15,841,887 15,841,887 +CONSOLIDATED HEALTH SUPPORT............. 1,338,269 1,348,269 + Global Emerging Infectious [10,000] + Surveillance Program............... +INFORMATION MANAGEMENT.................. 2,039,910 2,039,910 +MANAGEMENT ACTIVITIES................... 330,627 330,627 +EDUCATION AND TRAINING.................. 315,691 341,691 + Health Professions Scholarship [10,000] + Program............................ + Restoring funding for Tri-Service [6,000] + Nursing Research Program within + USUHS.............................. + Reverse DWR cuts to USUHS.......... [10,000] +BASE OPERATIONS/COMMUNICATIONS.......... 1,922,605 1,927,605 + Medical Surge Partnership Pilot.... [5,000] +R&D RESEARCH............................ 8,913 8,913 +R&D EXPLORATRY DEVELOPMENT.............. 73,984 73,984 +R&D ADVANCED DEVELOPMENT................ 225,602 225,602 +R&D DEMONSTRATION/VALIDATION............ 132,331 132,331 +R&D ENGINEERING DEVELOPMENT............. 55,748 70,748 + Freeze-dried platelets............. [15,000] +R&D MANAGEMENT AND SUPPORT.............. 48,672 48,672 +R&D CAPABILITIES ENHANCEMENT............ 17,215 17,215 +PROC INITIAL OUTFITTING................. 22,932 22,932 +PROC REPLACEMENT & MODERNIZATION........ 215,618 215,618 +PROC MILITARY HEALTH SYSTEM--DESKTOP TO 70,872 70,872 + DATACENTER............................. +PROC DOD HEALTHCARE MANAGEMENT SYSTEM 308,504 308,504 + MODERNIZATION.......................... +SOFTWARE & DIGITAL TECHNOLOGY PILOT 160,428 160,428 + PROGRAMS............................... +UNDISTRIBUTED........................... -9,800 + Foreign Currency adjustments....... [-9,800] + TOTAL DEFENSE HEALTH PROGRAM......... 32,690,372 32,741,572 + + TOTAL OTHER AUTHORIZATIONS........... 36,069,850 36,665,712 +------------------------------------------------------------------------ + +SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS. + +------------------------------------------------------------------------ + SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In + Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 House + Item Request Authorized +------------------------------------------------------------------------ +WORKING CAPITAL FUND, ARMY +ARMY ARSENALS INITIATIVE +ARMY SUPPLY MANAGEMENT...................... 20,090 20,090 + TOTAL WORKING CAPITAL FUND, ARMY......... 20,090 20,090 + +OFFICE OF THE INSPECTOR GENERAL +OFFICE OF THE INSPECTOR GENERAL............. 24,069 24,069 + TOTAL OFFICE OF THE INSPECTOR GENERAL.... 24,069 24,069 + +DEFENSE HEALTH PROGRAM +IN-HOUSE CARE............................... 65,072 65,072 +PRIVATE SECTOR CARE......................... 296,828 296,828 +CONSOLIDATED HEALTH SUPPORT................. 3,198 3,198 + TOTAL DEFENSE HEALTH PROGRAM............. 365,098 365,098 + + TOTAL OTHER AUTHORIZATIONS............... 409,257 409,257 +------------------------------------------------------------------------ + + TITLE XLVI--MILITARY CONSTRUCTION + +SEC. 4601. MILITARY CONSTRUCTION. + +---------------------------------------------------------------------------------------------------------------- + SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + State/Country and FY 2021 House + Account Installation Project Title Request Agreement +---------------------------------------------------------------------------------------------------------------- + Alaska +Army Fort Wainwright Child Development Center.. 0 32,500 +Army Fort Wainwright Unaccompanied Enlisted 0 59,000 + Personnel Housing. + Arizona +Army Yuma Proving Ground Ready Building............ 14,000 14,000 + Colorado +Army Fort Carson, Colorado Physical Fitness Facility. 28,000 28,000 + Georgia +Army Fort Gillem Forensic Laboratory....... 71,000 71,000 +Army Fort Gordon Adv Individual Training 80,000 80,000 + Barracks Cplx, Ph3. + Hawaii +Army Fort Shafter Child Development Center-- 0 26,000 + School Age. +Army Schofield Barracks Child Development Center.. 0 39,000 +Army Wheeler Army Air Field Aircraft Maintenance 89,000 89,000 + Hangar. + Louisiana +Army Fort Polk, Louisiana Information Systems 25,000 25,000 + Facility. + Oklahoma +Army McAlester AAP Ammunition Demolition Shop 35,000 35,000 + Pennsylvania +Army Carlisle Barracks General Instruction 38,000 0 + Building, Incr2. + South Carolina +Army Fort Jackson Trainee Barracks Complex 0 7,000 + 3, Ph2. + Virginia +Army Humphreys Engineer Training Support Facility. 51,000 51,000 + Center + Worldwide Unspecified +Army Unspecified Worldwide Host Nation Support....... 39,000 39,000 + Locations +Army Unspecified Worldwide Planning and Design....... 129,436 69,436 + Locations +Army Unspecified Worldwide Unspecified Minor 50,900 50,900 + Locations Construction. + ........................ + Military Construction, Army Total 650,336 715,836 + ...................... + Arizona +Navy Yuma Bachelor Enlisted Quarters 0 59,600 + Replacement. + Bahrain Island +Navy SW Asia Ship to Shore Utility 68,340 68,340 + Services. + California +Navy Camp Pendleton, 1st MARDIV Operations 68,530 68,530 + California Complex. +Navy Camp Pendleton, I MEF Consolidated 37,000 37,000 + California Information Center (Inc). +Navy Lemoore F-35C Hangar 6 Phase 2 128,070 98,070 + (Mod 3/4). +Navy Lemoore F-35C Simulator Facility & 59,150 59,150 + Electrical Upgrade. +Navy San Diego Pier 6 Replacement........ 128,500 98,500 +Navy Twentynine Palms, Wastewater Treatment Plant 76,500 76,500 + California + Greece +Navy Souda Bay Communication Center...... 50,180 50,180 + Guam +Navy Andersen AFB Ordnance Operations Admin. 21,280 21,280 +Navy Joint Region Marianas Bachelor Enlisted Quarters 80,000 0 + H (Inc). +Navy Joint Region Marianas Base Warehouse............ 55,410 55,410 +Navy Joint Region Marianas Central Fuel Station...... 35,950 35,950 +Navy Joint Region Marianas Central Issue Facility.... 45,290 45,290 +Navy Joint Region Marianas Combined EOD Facility..... 37,600 37,600 +Navy Joint Region Marianas DAR Bridge Improvements... 40,180 40,180 +Navy Joint Region Marianas DAR Road Strengthening.... 70,760 70,760 +Navy Joint Region Marianas Distribution Warehouse.... 77,930 77,930 +Navy Joint Region Marianas Individual Combat Skills 17,430 17,430 + Training. +Navy Joint Region Marianas Joint Communication 166,000 22,000 + Upgrade. + Hawaii +Navy Joint Base Pearl Waterfront Improve, 48,990 48,990 + Harbor-Hickam Wharves S1,S11-13,S20-21. +Navy Joint Base Pearl Waterfront Improvements 65,910 65,910 + Harbor-Hickam Wharves S8-S10. + Japan +Navy Yokosuka Pier 5 (Berths 2 and 3) 74,692 0 + (Inc). + Maine +Navy Kittery Multi-Mission Drydock #1 160,000 160,000 + Exten., Ph 1 (Inc). + Nevada +Navy Fallon Range Training Complex, 29,040 29,040 + Phase 1. + North Carolina +Navy Camp Lejeune, North II MEF Operations Center 20,000 20,000 + Carolina Replacement (Inc). + Spain +Navy Rota MH-60r Squadron Support 60,110 60,110 + Facilities. + Virginia +Navy Norfolk E-2D Training Facility.... 30,400 30,400 +Navy Norfolk MH60 & CMV-22B Corrosion 17,671 17,671 + Control & Paint Fac. + Worldwide Unspecified +Navy Unspecified Worldwide Planning & Design......... 165,710 160,710 + Locations +Navy Unspecified Worldwide Planning & Design--Indo- 0 5,000 + Locations Pacific Command Posture + Initiatives. +Navy Unspecified Worldwide Unspecified Minor 38,983 38,983 + Locations Construction. + ........................ + Military Construction, Navy Total 1,975,606 1,676,514 + ...................... + California +AF Edwards AFB Flight Test Engineering 0 40,000 + Laboratory Complex. + Colorado +AF Schriever AFB Consolidated Space 88,000 88,000 + Operations Facility, Inc + 2. + Florida +AF Eglin Advanced Munitions 0 35,000 + Technology Complex. + Guam +AF Joint Region Marianas Stand Off Weapons Complex, 56,000 56,000 + MSA 2. + Illinois +AF Scott Add/Alter Consolidated 0 3,000 + Communications Facility. + Mariana Islands +AF Tinian Airfield Development Phase 20,000 0 + 1, Inc 2. +AF Tinian Fuel Tanks With Pipeline & 7,000 0 + Hydrant Sys, Inc 2. +AF Tinian Parking Apron, Inc 2...... 15,000 0 + Maryland +AF Joint Base Andrews Consolidated 0 13,000 + Communications Center. + Montana +AF Malmstrom AFB Weapons Storage & 25,000 0 + Maintenance Facility, Inc + 2. + New Jersey +AF Joint Base McGuire-Dix- Munitions Storage Area.... 22,000 22,000 + Lakehurst + Qatar +AF Al Udeid, Qatar Cargo Marshalling Yard.... 26,000 26,000 + Texas +AF Joint Base San Antonio BMT Recruit Dormitory 8, 36,000 36,000 + Inc 2. +AF Joint Base San Antonio T-X ADAL Ground Based Trng 19,500 19,500 + Sys Sim. + Utah +AF Hill AFB GBSD Mission Integration 68,000 68,000 + Facility, Inc 2. + Virginia +AF Joint Base Langley- Access Control Point Main 19,500 19,500 + Eustis Gate With Land Acq. + Worldwide Unspecified +AF Unspecified Worldwide Planning & Design......... 296,532 149,649 + Locations +AF Unspecified Worldwide Planning & Design--Indo- 0 5,000 + Locations Pacific Command Posture + Initiatives. +AF Unspecified Worldwide Unspecified Minor 68,600 68,600 + Locations Construction. + Wyoming +AF FE Warren Weapons Storage Facility.. 0 12,000 + ........................ + Military Construction, Air Force Total 767,132 661,249 + ...................... + Alabama +Def-Wide Anniston Army Depot Demilitarization Facility. 18,000 18,000 +Def-Wide Fort Rucker Construct 10mw Generation 0 24,000 + & Microgrid. + Alaska +Def-Wide Fort Greely Communications Center..... 48,000 48,000 + Arizona +Def-Wide Fort Huachuca Laboratory Building....... 33,728 33,728 +Def-Wide Yuma SOF Hangar................ 49,500 49,500 + Arkansas +Def-Wide Fort Smith ANG PV Arrays and Battery 0 2,600 + Storage. + California +Def-Wide Beale AFB Bulk Fuel Tank............ 22,800 22,800 +Def-Wide Marine Corps Air Install 10 Mw Battery 11,646 11,646 + Combat Center / Energy Storage for + Twenty Nine Palms Various Buildings. +Def-Wide Military Ocean Military Oceal Terminal 29,000 29,000 + Terminal Concord Microgrid. +Def-Wide NAWS China Lake Solar Energy Storage 0 8,950 + System. +Def-Wide NSA Monterey Cogeneration Plant at B236 10,540 10,540 + Colorado +Def-Wide Fort Carson, Colorado SOF Tactical Equipment 15,600 15,600 + Maintenance Facility. + Conus Unspecified +Def-Wide Conus Unspecified Training Target Structure. 14,400 14,400 + District of Columbia +Def-Wide Joint Base Anacostia Industrial Controls System 0 8,749 + Bolling Modernization. +Def-Wide Joint Base Anacostia Industrial Controls System 10,343 10,343 + Bolling Modernization. +Def-Wide Joint Base Anacostia PV Carports............... 0 25,221 + Bolling + Florida +Def-Wide Hurlburt Field SOF Combat Aircraft 38,310 38,310 + Parking Apron-North. +Def-Wide Hurlburt Field SOF Special Tactics Ops 44,810 44,810 + Facility (23 STS). + Georgia +Def-Wide Fort Benning Construct 4.8mw Generation 0 17,000 + & Microgrid. + Germany +Def-Wide Rhine Ordnance Medical Center Replacement 200,000 200,000 + Barracks Inc 9. + Italy +Def-Wide NSA Naples Smart Grid--NSA Naples.... 3,490 3,490 + Japan +Def-Wide Def Fuel Support Point Fuel Wharf................ 49,500 49,500 + Tsurumi +Def-Wide Yokosuka Kinnick High School Inc... 30,000 0 + Kentucky +Def-Wide Fort Knox Van Voorhis Elementary 69,310 69,310 + School. + Maryland +Def-Wide Bethesda Naval MEDCEN Addition/Alteration 180,000 100,000 + Hospital Incr 4. +Def-Wide Fort Meade NSAW Recapitalize Building 250,000 250,000 + #3 Inc. +Def-Wide NSA Bethesda Nsab-16 Replace Chillers 3 0 13,840 + Through 9. +Def-Wide NSA South Potomac CBIRF/IHEODTD/Housing 18,460 18,460 + Potable Water. + Missouri +Def-Wide Fort Leonard Wood Hospital Replacement Inc 3 40,000 40,000 +Def-Wide St Louis Next NGA West (N2W) 119,000 119,000 + Complex Phase 2 Inc. +Def-Wide Whiteman AFB Install 10 Mw Combined 17,310 17,310 + Heat and Power Plant. + Nevada +Def-Wide Creech AFB Central Standby Generators 32,000 32,000 + New Mexico +Def-Wide Kirtland AFB Administrative Building... 46,600 46,600 + North Carolina +Def-Wide Fort Bragg SOF Group Headquarters.... 53,100 53,100 +Def-Wide Fort Bragg SOF Military Working Dog 17,700 17,700 + Facility. +Def-Wide Fort Bragg SOF Operations Facility... 43,000 43,000 +Def-Wide Fort Bragg SOTF Chilled Water Upgrade 0 6,100 + Ohio +Def-Wide Wright-Patterson AFB Construct Intelligence 0 35,000 + Facility Central Utility + Plant. +Def-Wide Wright-Patterson AFB Hydrant Fuel System....... 23,500 23,500 + Tennessee +Def-Wide Memphis ANG PV Arrays and Battery 0 4,780 + Storage. + Texas +Def-Wide Fort Hood, Texas Fuel Facilities........... 32,700 32,700 + Virginia +Def-Wide Joint Expeditionary SOF Dcs Operations Fac. 54,500 54,500 + Base Little Creek-- and Command Center. + Story +Def-Wide Joint Expeditionary SOF NSWG-2 Nswtg Css 58,000 58,000 + Base Little Creek-- Facilities. + Story +Def-Wide Nmc Portsmouth / Retrofit Air Handling 611 611 + Portsmouth Units From Constant + Volume Reheat to Variable + Air Volume. +Def-Wide Wallops Island Wallops Generation and 9,100 9,100 + Distribution Resiliency + Improvements. + Washington +Def-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900 + McChord Main). +Def-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900 + McChord North). +Def-Wide Manchester Bulk Fuel Storage Tanks 82,000 82,000 + Phase 1. + Worldwide Unspecified +Def-Wide Unspecified Worldwide ERCIP Design.............. 14,250 24,250 + Locations +Def-Wide Unspecified Worldwide Exercise Related Minor 5,840 5,840 + Locations Construction. +Def-Wide Unspecified Worldwide Planning and Design....... 48,696 48,696 + Locations +Def-Wide Unspecified Worldwide Unspecified Minor 53,620 53,620 + Locations Construction. +Def-Wide Various Worldwide Planning and Design....... 97,030 97,030 + Locations +Def-Wide Various Worldwide Unspecified Minor 9,726 9,726 + Locations Construction. + ........................ + Military Construction, Defense-Wide Total 2,027,520 2,073,760 + ...................... + Worldwide Unspecified +NATO NATO Security NATO Security Investment 173,030 173,030 + Investment Program Program. + ........................ + NATO Security Investment Program Total 173,030 173,030 + ...................... + Arizona +Army NG Tucson National Guard Readiness 18,100 18,100 + Center. + Colorado +Army NG Peterson AFB National Guard Readiness 15,000 15,000 + Center. + Indiana +Army NG Shelbyville National Guard/Reserve 12,000 12,000 + Center Building Add/Al. + Kentucky +Army NG Frankfort National Guard/Reserve 15,000 15,000 + Center Building. + Mississippi +Army NG Brandon National Guard Vehicle 10,400 10,400 + Maintenance Shop. + Nebraska +Army NG North Platte National Guard Vehicle 9,300 9,300 + Maintenance Shop. + New Jersey +Army NG Joint Base McGuire-Dix- National Guard Readiness 15,000 15,000 + Lakehurst Center. + Ohio +Army NG Columbus National Guard Readiness 15,000 15,000 + Center. + Oregon +Army NG Hermiston Enlisted Barracks, 9,300 25,035 + Transient Training. + Puerto Rico +Army NG Fort Allen National Guard Readiness 37,000 37,000 + Center. + South Carolina +Army NG Joint Base Charleston National Guard Readiness 15,000 15,000 + Center. + Tennessee +Army NG Mcminnville National Guard Readiness 11,200 11,200 + Center. + Texas +Army NG Fort Worth Aircraft Maintenance 6,000 6,000 + Hangar Addition/Alt. +Army NG Fort Worth National Guard Vehicle 7,800 7,800 + Maintenance Shop. + Utah +Army NG Nephi National Guard Readiness 12,000 12,000 + Center. + Virgin Islands +Army NG St. Croix Army Aviation Support 28,000 28,000 + Facility (Aasf). +Army NG St. Croix CST Ready Building........ 11,400 11,400 + Wisconsin +Army NG Appleton National Guard Readiness 11,600 11,600 + Center Add/Alt. + Worldwide Unspecified +Army NG Unspecified Worldwide Planning and Design....... 29,593 29,593 + Locations +Army NG Unspecified Worldwide Unspecified Minor 32,744 32,744 + Locations Construction. + ........................ + Military Construction, Army National Guard Total 321,437 337,172 + ...................... + Florida +Army Res Gainesville ECS TEMF/Warehouse........ 36,000 36,000 + Massachusetts +Army Res Devens Reserve Forces Automated Multipurpose 8,700 8,700 + Training Area Machine Gun Range. + North Carolina +Army Res Asheville Army Reserve Center/Land.. 24,000 24,000 + Wisconsin +Army Res Fort McCoy Scout Reconnaissance Range 14,600 14,600 +Army Res Fort McCoy Transient Trainee Barracks 0 2,500 + Worldwide Unspecified +Army Res Unspecified Worldwide Planning and Design....... 1,218 1,218 + Locations +Army Res Unspecified Worldwide Unspecified Minor 3,819 3,819 + Locations Construction. + ........................ + Military Construction, Army Reserve Total 88,337 90,837 + ...................... + Maryland +N/MC Res Reisterstown Reserve Training Center, 39,500 39,500 + Camp Fretterd, MD. + Utah +N/MC Res Hill AFB Naval Operational Support 25,010 25,010 + Center. + Worldwide Unspecified +N/MC Res Unspecified Worldwide MCNR Minor Construction... 3,000 3,000 + Locations +N/MC Res Unspecified Worldwide MCNR Planning & Design.... 3,485 3,485 + Locations + ........................ + Military Construction, Naval Reserve Total 70,995 70,995 + ...................... + Alabama +Air NG Montgomery Regional F-35 Simulator Facility... 11,600 11,600 + Airport (ANG) Base + Guam +Air NG Joint Region Marianas Space Control Facility #5. 20,000 20,000 + Maryland +Air NG Joint Base Andrews F-16 Mission Training 9,400 9,400 + Center. + Texas +Air NG Joint Base San Antonio F-16 Mission Training 10,800 10,800 + Center. + Worldwide Unspecified +Air NG Unspecified Worldwide Unspecified Minor 9,000 9,000 + Locations Construction. +Air NG Various Worldwide Planning and Design....... 3,414 3,414 + Locations + ........................ + Military Construction, Air National Guard Total 64,214 64,214 + ...................... + Texas +AF Res Fort Worth F-35A Simulator Facility.. 14,200 14,200 + Worldwide Unspecified +AF Res Unspecified Worldwide Planning & Design......... 3,270 3,270 + Locations +AF Res Unspecified Worldwide Unspecified Minor 5,647 5,647 + Locations Construction. + ........................ + Military Construction, Air Force Reserve Total 23,117 23,117 + ...................... + Italy +FH Con Army Vicenza Family Housing New 84,100 84,100 + Construction. + Kwajalein +FH Con Army Kwajalein Atoll Family Housing Replacement 32,000 32,000 + Construction. + Worldwide Unspecified +FH Con Army Unspecified Worldwide Family Housing P & D...... 3,300 3,300 + Locations + ........................ + Family Housing Construction, Army Total 119,400 119,400 + ...................... + Worldwide Unspecified +FH Ops Army Unspecified Worldwide Furnishings............... 18,004 18,004 + Locations +FH Ops Army Unspecified Worldwide Housing Privitization 37,948 62,948 + Locations Support. +FH Ops Army Unspecified Worldwide Leasing................... 123,841 123,841 + Locations +FH Ops Army Unspecified Worldwide Maintenance............... 97,789 97,789 + Locations +FH Ops Army Unspecified Worldwide Management................ 39,716 39,716 + Locations +FH Ops Army Unspecified Worldwide Miscellaneous............. 526 526 + Locations +FH Ops Army Unspecified Worldwide Services.................. 8,135 8,135 + Locations +FH Ops Army Unspecified Worldwide Utilities................. 41,183 41,183 + Locations + ........................ + Family Housing Operation And Maintenance, Army Total 367,142 392,142 + ...................... + Worldwide Unspecified +FH Con Navy Unspecified Worldwide Construction Improvements. 37,043 37,043 + Locations +FH Con Navy Unspecified Worldwide Planning & Design......... 3,128 3,128 + Locations +FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning 2,726 2,726 + Locations and Design. + ........................ + Family Housing Construction, Navy And Marine Corps Total 42,897 42,897 + ...................... + Worldwide Unspecified +FH Ops Navy Unspecified Worldwide Furnishings............... 17,977 17,977 + Locations +FH Ops Navy Unspecified Worldwide Housing Privatization 53,700 78,700 + Locations Support. +FH Ops Navy Unspecified Worldwide Leasing................... 62,658 62,658 + Locations +FH Ops Navy Unspecified Worldwide Maintenance............... 85,630 110,630 + Locations +FH Ops Navy Unspecified Worldwide Management................ 51,006 51,006 + Locations +FH Ops Navy Unspecified Worldwide Miscellaneous............. 350 350 + Locations +FH Ops Navy Unspecified Worldwide Services.................. 16,743 16,743 + Locations +FH Ops Navy Unspecified Worldwide Utilities................. 58,429 58,429 + Locations + ........................ + Family Housing Operation And Maintenance, Navy And Marine Corps Total 346,493 396,493 + ...................... + Worldwide Unspecified +FH Con AF Unspecified Worldwide Construction Improvements. 94,245 94,245 + Locations +FH Con AF Unspecified Worldwide Planning & Design......... 2,969 2,969 + Locations + ........................ + Family Housing Construction, Air Force Total 97,214 97,214 + ...................... + Worldwide Unspecified +FH Ops AF Unspecified Worldwide Furnishings............... 25,805 25,805 + Locations +FH Ops AF Unspecified Worldwide Housing Privatization..... 23,175 23,175 + Locations +FH Ops AF Unspecified Worldwide Leasing................... 9,318 9,318 + Locations +FH Ops AF Unspecified Worldwide Maintenance............... 140,666 165,666 + Locations +FH Ops AF Unspecified Worldwide Management................ 64,732 99,732 + Locations +FH Ops AF Unspecified Worldwide Miscellaneous............. 2,184 2,184 + Locations +FH Ops AF Unspecified Worldwide Services.................. 7,968 7,968 + Locations +FH Ops AF Unspecified Worldwide Utilities................. 43,173 43,173 + Locations + ........................ + Family Housing Operation And Maintenance, Air Force Total 317,021 377,021 + ...................... + Worldwide Unspecified +FH Ops DW Unspecified Worldwide Furnishings............... 727 727 + Locations +FH Ops DW Unspecified Worldwide Leasing................... 49,856 49,856 + Locations +FH Ops DW Unspecified Worldwide Maintenance............... 32 32 + Locations +FH Ops DW Unspecified Worldwide Utilities................. 4,113 4,113 + Locations + ........................ + Family Housing Operation And Maintenance, Defense-Wide Total 54,728 54,728 + ...................... + Worldwide Unspecified +FHIF Unspecified Worldwide Administrative Expenses-- 5,897 5,897 + Locations FHIF. + ........................ + DOD Family Housing Improvement Fund Total 5,897 5,897 + ...................... + Worldwide Unspecified +UHIF Unspecified Worldwide Administrative Expenses-- 600 600 + Locations UHIF. + ........................ + Unaccompanied Housing Improvement Fund Total 600 600 + ...................... + Worldwide Unspecified +BRAC--Air Force Unspecified Worldwide DOD BRAC Activities--Air 109,222 109,222 + Locations Force. +BRAC--Army Base Realignment & Base Realignment and 66,060 106,060 + Closure, Army Closure. +BRAC--Navy Unspecified Worldwide Base Realignment & Closure 125,165 225,165 + Locations + ........................ + Base Realignment and Closure--Total 300,447 440,447 + ...................... + Total, Military Construction 7,813,563 7,813,563 +---------------------------------------------------------------------------------------------------------------- + +SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS. + +---------------------------------------------------------------------------------------------------------------- + SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + State/Country and FY 2021 House + Account Installation Project Title Request Agreement +---------------------------------------------------------------------------------------------------------------- + Worldwide Unspecified +Army Unspecified Worldwide EDI: Minor Construction..... 3,970 3,970 + Locations +Army Unspecified Worldwide EDI: Planning and Design.... 11,903 11,903 + Locations + ......................... + Military Construction, Army Total 15,873 15,873 + ....................... + Spain +Navy Rota EDI: EOD Boat Shop.......... 31,760 31,760 +Navy Rota EDI: Expeditionary 27,470 27,470 + Maintenance Facility. + Worldwide Unspecified +Navy Unspecified Worldwide Planning & Design........... 10,790 10,790 + Locations + ......................... + Military Construction, Navy Total 70,020 70,020 + ....................... + Germany +AF Ramstein EDI: Rapid Airfield Damage 36,345 36,345 + Repair Storage. +AF Spangdahlem AB EDI: Rapid Airfield Damage 25,824 25,824 + Repair Storage. + Romania +AF Campia Turzii EDI: Dangerous Cargo Pad.... 11,000 11,000 +AF Campia Turzii EDI: ECAOS DABS-FEV Storage 68,000 68,000 + Complex. +AF Campia Turzii EDI: Parking Apron.......... 19,500 19,500 +AF Campia Turzii EDI: POL Increase Capacity.. 32,000 32,000 + Worldwide Unspecified +AF Unspecified Worldwide EDI: Unspecified Minor 16,400 16,400 + Locations Military Construction. +AF Various Worldwide EDI: Planning & Design...... 54,800 54,800 + Locations + ......................... + Military Construction, Air Force Total 263,869 263,869 + ....................... + Total, Military Construction 349,762 349,762 +---------------------------------------------------------------------------------------------------------------- + + TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + +SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. + +------------------------------------------------------------------------ +SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands + of Dollars) +------------------------------------------------------------------------- + FY 2021 House + Program Request Authorized +------------------------------------------------------------------------ +Discretionary Summary By Appropriation + Energy And Water Development, And Related + Agencies + Appropriation Summary: + Energy Programs + Nuclear Energy........................ 137,800 137,800 + + Atomic Energy Defense Activities + National nuclear security + administration: + Weapons activities.................. 15,602,000 15,602,000 + Defense nuclear nonproliferation.... 2,031,000 2,111,000 + Naval reactors...................... 1,684,000 1,684,000 + Federal salaries and expenses....... 454,000 454,000 + Total, National nuclear security 19,771,000 19,851,000 + administration........................... + + Environmental and other defense + activities: + Defense environmental cleanup....... 4,983,608 5,773,708 + Other defense activities............ 1,054,727 899,289 + Total, Environmental & other defense 6,038,335 6,672,997 + activities............................... + Total, Atomic Energy Defense Activities... 25,809,335 26,523,997 + Total, Discretionary Funding.............. 25,947,135 26,661,797 + +Nuclear Energy + Idaho sitewide safeguards and security.... 137,800 137,800 + Total, Nuclear Energy..................... 137,800 137,800 + + Stockpile Management + Stockpile Major Modernization + B61-12 Life extension program......... 815,710 815,710 + W88 Alt 370........................... 256,922 256,922 + W80-4 Life extension program.......... 1,000,314 1,000,314 + W87-1 Modification Program............ 541,000 541,000 + W93................................... 53,000 53,000 + Total, Stockpile Major Modernization...... 2,666,946 2,666,946 + + Stockpile services + Production Operations............... 568,941 568,941 + Stockpile Sustainment............... 998,357 998,357 + Weapons Dismantlement and 50,000 50,000 + Disposition........................ + Subtotal, Stockpile Services.............. 1,617,298 1,617,298 + Total, Stockpile Management............... 4,284,244 4,284,244 + +Weapons Activities + Production Modernization + Primary Capability Modernization + Plutonium Modernization + Los Alamos Plutonium Modernization + Los Alamos Plutonium Operations... 610,599 610,599 + 21-D-512 Plutonium Pit Production 226,000 226,000 + Project, LANL.................... + Subtotal, Los Alamos Plutonium 836,599 836,599 + Modernization............................ + Savannah River Plutonium + Modernization + Savannah River Plutonium 200,000 200,000 + Operations....................... + 21-D-511 Savannah River Plutonium 241,896 241,896 + Processing Facility, SRS......... + Subtotal, Savannah River Plutonium 441,896 441,896 + Modernization............................ + Enterprise Plutonium Support........ 90,782 90,782 + Total, Plutonium Modernization............ 1,369,277 1,369,277 + High Explosives and Energetics........ 67,370 67,370 + Total, Primary Capability Modernization... 1,436,647 1,436,647 + Secondary Capability Modernization...... 457,004 457,004 + Tritium and Domestic Uranium Enrichment. 457,112 457,112 + Non-Nuclear Capability Modernization.... 107,137 107,137 + Total, Production Modernization........... 2,457,900 2,457,900 + + + Stockpile Research, Technology, and + Engineering + Assessment Science...................... 773,111 773,111 + Engineering and Integrated Assessments.. 337,404 337,404 + Inertial Confinement Fusion............. 554,725 554,725 + Advanced Simulation and Computing....... 732,014 732,014 + Weapon Technology and Manufacturing 297,965 297,965 + Maturation............................. + Academic Programs....................... 86,912 86,912 + Total, Stockpile Research, Technology, and 2,782,131 2,782,131 + Engineering.............................. + + Infrastructure and Operations + Operations of facilities................ 1,014,000 1,014,000 + Safety and environmental operations..... 165,354 165,354 + Maintenance and repair of facilities.... 792,000 792,000 + Recapitalization: + Infrastructure and safety............. 670,000 670,000 + Capability based investments.......... 149,117 149,117 + Planning for Programmatic Construction 84,787 84,787 + (Pre-CD-1)........................... + Total, Recapitalization................... 903,904 903,904 + + Construction: + 21-D-510 HE Synthesis, Formulation, 31,000 31,000 + and Production, PX................... + 19-D-670 138kV Power Transmission 59,000 59,000 + System Replacement, NNSS............. + 18-D-690 Lithium Processing Facility, 109,405 109,405 + Y-12................................. + 18-D-620 Exascale Computing Facility 29,200 29,200 + Modernization Project, LLNL.......... + 18-D-650 Tritium Finishing Facility, 27,000 27,000 + SRS.................................. + 17-D-640, U1a Complex Enhancements 160,600 160,600 + Project, NNSS........................ + 15-D-612 Emergency Operations Center, 27,000 27,000 + LLNL................................. + 15-D-611 Emergency Operations Center, 36,000 36,000 + SNL.................................. + 15-D-302, TA-55 Reinvestments Project, 30,000 30,000 + Phase 3, LANL........................ + 15-D-301, HE Science & Engineering 43,000 43,000 + Facility, PX......................... + 07-D-220-04 Transuranic Liquid Waste 36,687 36,687 + Facility, LANL....................... + 06-D-141 Uranium processing facility Y- 750,000 750,000 + 12, Oak Ridge, TN.................... + 04-D-125 Chemistry and Metallurgy 169,427 169,427 + Research Replacement Project, LANL... + Total, Construction....................... 1,508,319 1,508,319 + Total, Infrastructure and operations...... 4,383,577 4,383,577 + + Secure transportation asset + Operations and equipment................ 266,390 266,390 + Program direction....................... 123,684 123,684 + Total, Secure transportation asset........ 390,074 390,074 + + Defense Nuclear Security + Operations and maintenance.............. 815,895 815,895 + Construction: + 17-D-710 West end protected area 11,000 11,000 + reduction project, Y-12.............. + Total, Defense nuclear security........... 826,895 826,895 + + Information technology and cybersecurity.. 375,511 375,511 + + Legacy contractor pensions................ 101,668 101,668 + Total, Weapons Activities................. 15,602,000 15,602,000 + + +Defense Nuclear Nonproliferation + Defense Nuclear Nonproliferation Programs + Global material security + International nuclear security........ 66,391 66,391 + Domestic radiological security........ 101,000 131,000 + Container breach in Seattle, WA..... [30,000] + International radiological security... 73,340 73,340 + Nuclear smuggling detection and 159,749 159,749 + deterrence........................... + Total, Global material security........... 400,480 430,480 + + Material management and minimization + HEU reactor conversion................ 170,000 170,000 + Nuclear material removal.............. 40,000 40,000 + Material disposition.................. 190,711 190,711 + Total, Material management & minimization. 400,711 400,711 + + Nonproliferation and arms control....... 138,708 138,708 + + National Technical Nuclear Forensics R&D 40,000 40,000 + + Defense nuclear nonproliferation R&D + Proliferation Detection............... 235,220 265,220 + Nuclear verification and detection, [30,000] + next-gen technologies.............. + Nuclear Detonation Detection.......... 236,531 236,531 + Nonproliferation Stewardship Program.. 59,900 59,900 + LEU Research and Development.......... 0 20,000 + LEU R&D for Naval Pressurized Water [20,000] + Reactors........................... + Total, Defense nuclear nonproliferation 531,651 581,651 + R&D...................................... + + Nonproliferation Construction: + 18-D-150 Surplus Plutonium Disposition 148,589 148,589 + Project, SRS......................... + Total, Nonproliferation construction...... 148,589 148,589 + Total, Defense Nuclear Nonproliferation 1,660,139 1,740,139 + Programs................................. + + Legacy contractor pensions................ 14,348 14,348 + Nuclear counterterrorism and incident 377,513 377,513 + response program......................... + Use of Prior Year Balances................ -21,000 -21,000 + Total, Defense Nuclear Nonproliferation... 2,031,000 2,111,000 + + +Naval Reactors + Naval reactors development................ 590,306 590,306 + Columbia-Class reactor systems development 64,700 64,700 + S8G Prototype refueling................... 135,000 135,000 + Naval reactors operations and 506,294 506,294 + infrastructure........................... + Construction: + 21-D-530 KL Steam and Condensate 4,000 4,000 + Upgrades............................... + 14-D-901 Spent fuel handling 330,000 330,000 + recapitalization project, NRF.......... + Total, Construction....................... 334,000 334,000 + Program direction......................... 53,700 53,700 + Total, Naval Reactors..................... 1,684,000 1,684,000 + + +Federal Salaries And Expenses + Program direction......................... 454,000 454,000 + Total, Office Of The Administrator........ 454,000 454,000 + + +Defense Environmental Cleanup + Closure sites: + Closure sites administration............ 4,987 4,987 + + Richland: + River corridor and other cleanup 54,949 235,949 + operations............................. + Program restoration................... [181,000] + Central plateau remediation............. 498,335 658,335 + Program restoration................... [160,000] + Richland community and regulatory 2,500 10,100 + support................................ + Program restoration................... [7,600] + Total, Hanford site....................... 555,784 904,384 + + Office of River Protection: + Waste Treatment Immobilization Plant 50,000 50,000 + Commissioning.......................... + Rad liquid tank waste stabilization and 597,757 597,757 + disposition............................ + Tank farm activities.................... 0 180,000 + Program restoration................... [180,000] + Construction: + 18-D-16 Waste treatment and 609,924 779,924 + immobilization plant--LBL/Direct feed + LAW.................................. + Program restoration................. [170,000] + Total, Construction....................... 609,924 779,924 + Total, Office of River Protection......... 1,257,681 1,607,681 + + Idaho National Laboratory: + Idaho cleanup and waste disposition..... 257,554 257,554 + Idaho community and regulatory support.. 2,400 2,400 + Total, Idaho National Laboratory.......... 259,954 259,954 + + NNSA sites and Nevada off-sites + Lawrence Livermore National Laboratory.. 1,764 1,764 + Nuclear facility D & D + Separations Process Research Unit..... 15,000 15,000 + Nevada................................ 60,737 60,737 + Sandia National Laboratories.......... 4,860 4,860 + Los Alamos National Laboratory........ 120,000 165,000 + Program increase.................... [45,000] + Total, NNSA sites and Nevada off-sites.... 202,361 247,361 + + Oak Ridge Reservation: + OR Nuclear facility D & D............... 109,077 109,077 + Total, OR Nuclear facility D & D.......... 109,077 109,077 + + U233 Disposition Program................ 45,000 45,000 + OR cleanup and disposition.............. 58,000 58,000 + Construction: + 17-D-401 On-site waste disposal 22,380 22,380 + facility........................... + 14-D-403 Outfall 200 Mercury 20,500 20,500 + Treatment Facility................. + Total, Construction....................... 42,880 42,880 + Total, OR cleanup and waste disposition... 145,880 145,880 + + OR community & regulatory support....... 4,930 4,930 + OR technology development and deployment 3,000 3,000 + Total, Oak Ridge Reservation.............. 262,887 262,887 + + Savannah River Sites: + Savannah River risk management + operations + Savannah River risk management 455,122 495,122 + operations........................... + H-Canyon not placed into stand-by [40,000] + condition.......................... + Total, risk management operations......... 455,122 495,122 + + SR community and regulatory support..... 4,989 11,489 + Secure payment in lieu of taxes [6,500] + funding.............................. + Radioactive liquid tank waste 970,332 970,332 + stabilization and disposition.......... + Construction: + 20-D-402 Advanced Manufacturing 25,000 25,000 + Collaborative Facility (AMC)....... + 18-D-402 Saltstone Disposal Unit #8/ 65,500 65,500 + 9.................................. + 17-D-402 Saltstone Disposal Unit #7. 10,716 10,716 + Total, Construction....................... 101,216 101,216 + Total, Savannah River site................ 1,531,659 1,578,159 + + Waste Isolation Pilot Plant + Waste Isolation Pilot Plant............. 323,260 323,260 + Construction: + 15-D-412 Utility Saft................. 50,000 50,000 + 21-D-401 Hoisting Capability Project.. 10,000 10,000 + Total, Construction....................... 60,000 60,000 + Total, Waste Isolation Pilot Plant........ 383,260 383,260 + + Program direction......................... 275,285 275,285 + Program support........................... 12,979 12,979 + Technology development.................... 25,000 25,000 + Safeguards and Security + Safeguards and Security................. 320,771 320,771 + Total, Safeguards and Security............ 320,771 320,771 + + Prior year balances credited.............. -109,000 -109,000 + Total, Defense Environmental Cleanup...... 4,983,608 5,773,708 + +Other Defense Activities + Environment, health, safety and security + Environment, health, safety and security 134,320 134,320 + Program direction....................... 75,368 75,368 + Total, Environment, Health, safety and 209,688 209,688 + security................................. + + Independent enterprise assessments + Independent enterprise assessments...... 26,949 26,949 + Program direction....................... 54,635 54,635 + Total, Independent enterprise assessments. 81,584 81,584 + + Specialized security activities........... 258,411 258,411 + + Office of Legacy Management + Legacy management....................... 293,873 138,435 + Rejection of proposed transfer........ [-155,438] + Program direction....................... 23,120 23,120 + Total, Office of Legacy Management........ 316,993 161,555 + + Defense related administrative support.... 183,789 183,789 + + Office of hearings and appeals............ 4,262 4,262 + Subtotal, Other defense activities........ 1,054,727 899,289 + Total, Other Defense Activities........... 1,054,727 899,289 +------------------------------------------------------------------------ + + DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020 + +SEC. 5001. SHORT TITLE. + + This division may be cited as the ``National Artificial +Intelligence Initiative Act of 2020''. + +SEC. 5002. FINDINGS. + + Congress finds the following: + (1) Artificial intelligence is a tool that has the + potential to change and possibly transform every sector of the + United States economy and society. + (2) The Federal Government should continue to play an + important role advancing research, development, standards, and + education activities in artificial intelligence through + coordination and collaboration between government, academia, + and the private sector to leverage the intellectual, physical, + and digital resources of each stakeholder. + (3) The Federal Government lacks clear understanding of the + capabilities of artificial intelligence and its potential to + affect various social and economic sectors, including ethical + concerns, national security implications, and workforce + impacts. + (4) Researchers from academia, Federal laboratories, and + much of the private sector have limited access to many high- + quality datasets, computing resources, or real-world testing + environments to design and deploy safe and trustworthy + artificial intelligence systems. + (5) There is a lack of standards and benchmarking for + artificial intelligence systems that academia and the public + and private sectors can use to evaluate the performance of + these systems before and after deployment. + (6) Artificial intelligence is increasingly becoming a + highly interdisciplinary field with expertise required from a + diverse range of scientific and other scholarly disciplines + that traditionally work independently and continue to face + cultural and institutional barriers to large scale + collaboration. + (7) Current Federal investments and funding mechanisms are + largely insufficient to incentivize and support the large-scale + interdisciplinary and public-private collaborations that will + be required to advance trustworthy artificial intelligence + systems in the United States. + (8) The United States education pipeline for artificial + intelligence fields faces significant challenges. Not only does + the artificial intelligence research field lack the gender and + racial diversity of the American population as a whole, but it + is failing to both retain researchers and adequately support + educators to meet the demands of the next generation of + students studying artificial intelligence. + (9) In order to help drive forward advances in trustworthy + artificial intelligence across all sectors and to the benefit + of all Americans, the Federal Government must provide + sufficient resources and use its convening power to facilitate + the growth of artificial intelligence human capital, research, + and innovation capacity in academia and other nonprofit + research organizations, companies of all sizes and across all + sectors, and within the Federal Government. + +SEC. 5003. DEFINITIONS. + + In this division: + (1) Advisory committee.--The term ``Advisory Committee'' + means the National Artificial Intelligence Advisory Committee + established under section 5104(a). + (2) Agency head.--The term ``agency head'' means the head + of any Executive agency (as defined in section 105 of title 5, + United States Code). + (3) Artificial intelligence.--The term ``artificial + intelligence'' means a machine-based system that can, for a + given set of human-defined objectives, make predictions, + recommendations or decisions influencing real or virtual + environments. Artificial intelligence systems use machine and + human-based inputs to-- + (A) perceive real and virtual environments; + (B) abstract such perceptions into models through + analysis in an automated manner; and + (C) use model inference to formulate options for + information or action. + (4) Initiative.--The term ``Initiative'' means the National + Artificial Intelligence Initiative established under section + 5101(a). + (5) Initiative office.--The term ``Initiative Office'' + means the National Artificial Intelligence Initiative Office + established under section 5102(a). + (6) Institute.--The term ``Institute'' means an Artificial + Intelligence Research Institute described in section + 5201(b)(1). + (7) Interagency committee.--The term ``Interagency + Committee'' means the interagency committee established under + section 5103(a). + (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 + an application of artificial intelligence that is characterized + by providing systems the ability to automatically learn and + improve on the basis of data or experience, without being + explicitly programmed. + + TITLE I--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE + +SEC. 5101. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE. + + (a) Establishment; Purposes.--The President shall establish and +implement an initiative to be known as the ``National Artificial +Intelligence Initiative''. The purposes of the Initiative shall be to-- + (1) ensure continued United States leadership in artificial + intelligence research and development; + (2) lead the world in the development and use of + trustworthy artificial intelligence systems in the public and + private sectors; + (3) maximize the benefits of artificial intelligence + systems for all American people; and + (4) prepare the present and future United States workforce + for the integration of artificial intelligence systems across + all sectors of the economy and society. + (b) Initiative Activities.--In carrying out the Initiative, the +President, acting through the Initiative Office, the Interagency +Committee, and agency heads as the President considers appropriate, +shall carry out activities that include the following: + (1) Sustained, consistent, and coordinated support for + artificial intelligence research and development through + grants, cooperative agreements, testbeds, and access to data + and computing resources. + (2) Support for the development of voluntary standards, + best practices, and benchmarks for the development and use of + trustworthy artificial intelligence systems. + (3) Support for educational programs at all levels, in both + formal and informal learning environments, to prepare the + American workforce and the general public to be able to use and + interact with artificial intelligence systems, as well as adapt + to the potentially transformative impact of artificial + intelligence on society and the economy. + (4) Support for interdisciplinary research, education, and + training programs for students and researchers that promote + learning in the methods and systems used in artificial + intelligence and foster interdisciplinary perspectives and + collaborations among subject matter experts in relevant fields, + including computer science, mathematics, statistics, + engineering, social sciences, psychology, behavioral science, + ethics, security, legal scholarship, and other disciplines that + will be necessary to advance artificial intelligence research + and development responsibly. + (5) Support for partnerships to leverage knowledge, + computing resources, access to open datasets, and other + resources from industry, government, nonprofit organizations, + Federal laboratories, State programs, and institutions of + higher education to advance activities under the Initiative. + (6) Interagency planning and coordination of Federal + artificial intelligence research, development, demonstration, + standards engagement, and other activities under the + Initiative. + (7) Establish the public sector infrastructure and + artificial intelligence capabilities necessary to respond to + pressing national challenges, including economic and public + health emergencies such as pandemics. + (8) Outreach to diverse stakeholders, including citizen + groups and industry, to ensure public input is taken into + account in the activities of the Initiative. + (9) Leveraging existing Federal investments to advance + objectives of the Initiative. + (10) Support for a network of interdisciplinary artificial + intelligence research institutes, as described in section + 5201(b)(7)(B). + (11) Support opportunities for international cooperation + with strategic allies, as appropriate, on the research and + development, assessment, and resources for trustworthy + artificial intelligence systems and the development of + voluntary consensus standards for those systems. + +SEC. 5102. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE OFFICE. + + (a) In General.--The Director of the Office of Science and +Technology Policy shall establish or designate, and appoint a director +of, an office to be known as the ``National Artificial Intelligence +Initiative Office'' to carry out the responsibilities described in +subsection (b) with respect to the Initiative. The Initiative Office +shall have sufficient staff to carry out such responsibilities, +including staff detailed from the Federal departments and agencies +described in section 5103(c). + (b) Responsibilities.--The Director of the Initiative Office +shall-- + (1) provide technical and administrative support to the + Interagency Committee and the Advisory Committee; + (2) serve as the point of contact on Federal artificial + intelligence activities carried out under the Initiative for + Federal departments and agencies, industry, academia, nonprofit + organizations, professional societies, State governments, and + such other persons as the Initiative Office considers + appropriate to exchange technical and programmatic information; + (3) conduct regular public outreach to diverse + stakeholders, including through the convening of conferences + and educational events, the publication of information about + significant Initiative activities on a publicly available + website, and the dissemination of findings and recommendations + of the Advisory Committee, as appropriate; and + (4) promote access to and early adoption of the + technologies, innovations, lessons learned, and expertise + derived from Initiative activities to agency missions and + systems across the Federal Government, and to industry, + including startup companies. + (c) Funding Estimate.--The Director of the Office of Science and +Technology Policy shall develop an estimate of the funds necessary to +carry out the activities of the Initiative Coordination Office, +including an estimate of how much each participating Federal department +and agency described in section 5103(c) will contribute to such funds, +and submit such estimate to Congress not later than 90 days after the +enactment of this Act. The Director shall update this estimate each +year based on participating agency investments in artificial +intelligence. + +SEC. 5103. COORDINATION BY INTERAGENCY COMMITTEE. + + (a) Interagency Committee.--The Director of the Office of Science +and Technology Policy, acting through the National Science and +Technology Council, shall establish or designate an Interagency +Committee to coordinate Federal programs and activities in support of +the Initiative. + (b) Co-Chairs.--The Interagency Committee shall be co-chaired by +the Director of the Office of Science and Technology Policy and, on an +annual rotating basis, a representative from the National Institute of +Standards and Technology, the National Science Foundation, or the +Department of Energy, as selected by the Director of the Office of +Science and Technology Policy. + (c) Agency Participation.--The Committee shall include +representatives from-- + (1) the National Institute of Standards and Technology; + (2) the National Science Foundation; + (3) the Department of Energy; + (4) the National Aeronautics and Space Administration; + (5) the Department of Defense; + (6) the Defense Advanced Research Projects Agency; + (7) the Department of Commerce; + (8) the Office of the Director of National Intelligence; + (9) the Office of Management and Budget; + (10) the Office of Science and Technology Policy; + (11) the Department of Health and Human Services; + (12) the Department of Education; + (13) the Department of Labor; + (14) the Department of the Treasury; + (15) the General Services Administration; + (16) the Department of Transportation; + (17) the Department of State; + (18) the Privacy and Civil Liberties Oversight Board; + (19) the Department of Veterans Affairs; + (20) the National Oceanic and Atmospheric Administration; + and + (21) any other Federal agency as considered appropriate by + the Director of the Office of Science and Technology Policy. + (d) Responsibilities.--The Interagency Committee shall-- + (1) provide for interagency coordination of Federal + artificial intelligence research, development, and + demonstration activities, development of voluntary consensus + standards and guidelines for research, development, testing, + and adoption of ethically developed, safe, and trustworthy + artificial intelligence systems, and education and training + activities and programs of Federal departments and agencies + undertaken pursuant to the Initiative; + (2) not later than 2 years after the date of the enactment + of this Act, develop a strategic plan for artificial + intelligence (to be updated not less than every 3 years) that-- + (A) establishes goals, priorities, and metrics for + guiding and evaluating the Initiative's activities; and + (B) describes how the agencies carrying out the + Initiative will-- + (i) determine and prioritize areas of + artificial intelligence research, development, + and demonstration requiring Federal Government + leadership and investment; + (ii) support long-term funding for + interdisciplinary artificial intelligence + research, development, demonstration, education + and public outreach activities; + (iii) support research and other activities + on ethical, legal, environmental, safety, + security, and other appropriate societal issues + related to artificial intelligence; + (iv) provide or facilitate the availability + of curated, standardized, secure, + representative, and privacy-protected data sets + for artificial intelligence research and + development; + (v) provide or facilitate the necessary + computing, networking, and data facilities for + artificial intelligence research and + development; + (vi) support and coordinate Federal + education and workforce activities related to + artificial intelligence; + (vii) reduce barriers to transferring + artificial intelligence systems from the + laboratory into application for the benefit of + society and United States competitiveness; + (viii) support and coordinate the network + of artificial intelligence research institutes + described in section 5201(b)(7)(B); + (ix) in consultation with the Council of + Economic Advisers, measure and track the + contributions of artificial intelligence to + United States economic growth and other + societal indicators; + (x) leverage the resources of the + Initiative to respond to pressing national + challenges, including economic and public + health emergencies such as pandemics; and + (xi) protect the privacy rights and civil + liberties of individuals; + (3) propose an annually coordinated interagency budget for + the Initiative to the Office of Management and Budget that is + intended to ensure that the balance of funding across the + Initiative is sufficient to meet the goals and priorities + established for the Initiative; and + (4) in carrying out this section, take into consideration + the recommendations of the Advisory Committee, existing reports + on related topics, and the views of academic, State, industry, + and other appropriate groups. + (e) Annual Report.--For each fiscal year beginning with fiscal year +2022, not later than 90 days after submission of the President's annual +budget request for such fiscal year, the Interagency Committee shall +prepare and submit to the Committee on Science, Space, and Technology +of the House of Representatives and the Committee on Commerce, Science, +and Transportation of the Senate a report that includes-- + (1) a summarized budget in support of the Initiative for + such fiscal year and the preceding fiscal year, including a + disaggregation of spending for each Federal agency + participating in the Initiative and for the development and + acquisition of any research facilities and instrumentation; and + (2) an assessment of how Federal agencies are implementing + the plan described in subsection (d)(2), and a description of + those efforts. + +SEC. 5104. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY COMMITTEE. + + (a) In General.--The Secretary of Energy shall, in consultation +with the Director of the Office of Science and Technology Policy, +establish an advisory committee to be known as the ``National +Artificial Intelligence Advisory Committee''. + (b) Qualifications.--The Advisory Committee shall consist of +members, appointed by the Secretary of Energy, who are representing +broad and interdisciplinary expertise and perspectives, including from +academic institutions, companies across diverse sectors, nonprofit and +civil society entities, and Federal laboratories, that are qualified to +provide advice and information on science and technology research, +development, ethics, standards, education, technology transfer, +commercial application, security, and economic competitiveness related +to artificial intelligence. + (c) Membership Consideration.--In selecting the members of the +Advisory Committee, the Secretary of Energy may seek and give +consideration to recommendations from the Congress, industry, nonprofit +organizations, the scientific community (including the National Academy +of Sciences, scientific professional societies, and academic +institutions), the defense community, and other appropriate +organizations. + (d) Duties.--The Advisory Committee shall advise the President and +the Initiative Office on matters related to the Initiative, including +recommendations related to-- + (1) the current state of United States competitiveness and + leadership in artificial intelligence, including the scope and + scale of United States investments in artificial intelligence + research and development in the international context; + (2) the progress made in implementing the Initiative, + including a review of the degree to which the Initiative has + achieved the goals under the metrics established by the + Interagency Committee under section 5103(d)(2); + (3) the state of the science around artificial + intelligence, including progress towards artificial general + intelligence; + (4) the workforce of the United States, including matters + relating to the potential for using artificial intelligence for + rapid retraining of workers, due to the possible effect of + technological displacement and to increase the labor force + participation of traditionally underrepresented populations, + including minorities, low-income populations, and persons with + disabilities; + (5) how to leverage the resources of the initiative to + streamline operations in various areas of government + operations, including health care, cybersecurity, + infrastructure, and disaster recovery; + (6) the need to update the Initiative; + (7) the balance of activities and funding across the + Initiative; + (8) whether the strategic plan developed or updated by the + Interagency Committee established under section 5103(d)(2) is + helping to maintain United States leadership in artificial + intelligence; + (9) the management, coordination, and activities of the + Initiative; + (10) whether ethical, legal, safety, security, and other + appropriate societal issues are adequately addressed by the + Initiative; + (11) opportunities for international cooperation with + strategic allies on artificial intelligence research activities + and standards development; and + (12) how artificial intelligence can enhance opportunities + for diverse geographic regions of the United States, including + urban and rural communities. + (e) Reports.--Not later than 1 year after the date of the enactment +of this Act, and not less frequently than once every 3 years +thereafter, the Advisory Committee shall submit to the President, the +Committee on Science, Space, and Technology of the House of +Representatives, and the Committee on Commerce, Science, and +Transportation of the Senate, a report on the Advisory Committee's +findings and recommendations under subsection (d). + (f) 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. + (g) FACA Exemption.--The Secretary of Energy shall charter the +Advisory Committee in accordance with the Federal Advisory Committee +Act (5 U.S.C. App.), except that the Advisory Committee shall be exempt +from section 14 of such Act. + +SEC. 5105. NATIONAL ACADEMIES ARTIFICIAL INTELLIGENCE IMPACT STUDY ON + WORKFORCE. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the National Science Foundation shall enter into +a contract with the National Research Council of the National Academies +of Sciences, Engineering, and Medicine to conduct a study of the +current and future impact of artificial intelligence on the workforce +of the United States across sectors. + (b) Contents.--The study shall address-- + (1) workforce impacts across sectors caused by the + increased adoption of artificial intelligence, automation, and + other related trends; + (2) workforce needs and employment opportunities generated + by the increased adoption of artificial intelligence across + sectors; + (3) opportunities for artificial intelligence to increase + the labor force participation of traditionally underrepresented + populations, including minorities, low-income populations, and + persons with disabilities; + (4) research gaps and data needed to better understand and + track both workforce impacts and workforce needs and + opportunities generated by adoption of artificial intelligence + systems across sectors; and + (5) recommendations to address the challenges and + opportunities described in paragraphs (1), (2), (3), and (4). + (c) Stakeholders.--In conducting the study, the National Academies +of Sciences, Engineering, and Medicine shall seek input from a wide +range of stakeholders in the public and private sectors. + (d) Report to Congress.--The contract entered into under subsection +(a) shall require the National Academies of Sciences, Engineering, and +Medicine, not later than 2 years after the date of the enactment of +this Act, to-- + (1) submit to the Committee on Science, Space, and + Technology of the House of Representatives and the Committee on + Commerce, Science, and Transportation of the Senate a report + containing the findings and recommendations of the study + conducted under subsection (a); and + (2) make a copy of such report available on a publicly + accessible website. + +SEC. 5106. GAO REPORT ON COMPUTATIONAL NEEDS. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General of the United States +shall conduct a study of artificial intelligence computer hardware and +computing required in order to maintain United States leadership in +artificial intelligence research and development. The Comptroller +General shall-- + (1) assess the composition of civilian computing resources + supported by the Federal Government at universities and Federal + Laboratories, including programs with laboratory computing, + high performance computing, cloud computing, quantum computing, + edge computing, and other computing resources; + (2) evaluate projected needs for computing consumption and + performance required by the public and private sector for the + training, auditing, validation, testing, and use of artificial + intelligence over the next 5 years; and + (3) offer recommendations to meet these projected needs. + +SEC. 5107. NATIONAL AI RESEARCH RESOURCE TASK FORCE. + + (a) Establishment of Task Force.-- + (1) Establishment.-- + (A) In general.--The Director of the National + Science Foundation, in coordination with the Office of + Science and Technology Policy, shall establish a task + force-- + (i) to investigate the feasibility and + advisability of establishing and sustaining a + national artificial intelligence research + resource; and + (ii) to propose a roadmap detailing how + such resource should be established and + sustained. + (B) Designation.--The task force established by + subparagraph (A) shall be known as the ``National + Artificial Intelligence Research Resource Task Force'' + (in this section referred to as the ``Task Force''). + (2) Membership.-- + (A) Composition.--The Task Force shall be composed + of 12 members selected by the co-chairpersons of the + Task Force from among technical experts in artificial + intelligence or related subjects, of whom-- + (i) 4 shall be representatives from the + Interagency Committee established in section + 5103, including the co-chairpersons of the Task + Force; + (ii) 4 shall be representatives from + institutions of higher education (as such term + is defined in section 101 of the Higher + Education Act of 1965 (20 U.S.C. 1001)); and + (iii) 4 shall be representatives from + private organizations. + (B) Appointment.--Not later than 120 days after + enactment of this Act, the co-chairpersons of the Task + Force shall appoint members to the Task Force pursuant + to subparagraph (A). + (C) Term of appointment.--Members of the Task Force + shall be appointed for the life of the Task Force. + (D) Vacancy.--Any vacancy occurring in the + membership of the Task Force shall be filled in the + same manner in which the original appointment was made. + (E) Co-chairpersons.--The Director of the Office of + Science and Technology Policy and the Director of the + National Sciences Foundation, or their designees, shall + be the co-chairpersons of the Task Force. If the role + of the Director of the National Science Foundation is + vacant, the Chair of the National Science Board shall + act as a co-chairperson of the Task Force. + (F) Expenses for non-federal members.--Non-Federal + Members of the Task Force shall be allowed travel + expenses, including per diem in lieu of subsistence, at + rates authorized for employees 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 Task Force. + (b) Roadmap and Implementation Plan.-- + (1) In general.--The Task Force shall develop a coordinated + roadmap and implementation plan for creating and sustaining a + National Artificial Intelligence Research Resource. + (2) Contents.--The roadmap and plan required by paragraph + (1) shall include the following: + (A) Goals for establishment and sustainment of a + national artificial intelligence research resource and + metrics for success. + (B) A plan for ownership and administration of the + National Artificial Intelligence Research Resource, + including-- + (i) an appropriate agency or organization + responsible for the implementation, deployment, + and administration of the Resource; and + (ii) a governance structure for the + resource, including oversight and decision- + making authorities. + (C) A model for governance and oversight to + establish strategic direction, make programmatic + decisions, and manage the allocation of resources. + (D) Capabilities required to create and maintain a + shared computing infrastructure to facilitate access to + computing resources for researchers across the country, + including scalability, secured access control, resident + data engineering and curation expertise, provision of + curated, data sets, compute resources, educational + tools and services, and a user interface portal. + (E) An assessment of, and recommend solutions to, + barriers to the dissemination and use of high-quality + government data sets as part of the national artificial + intelligence research resource. + (F) An assessment of security requirements + associated with the national artificial intelligence + research resource and its research and recommend a + framework for the management of access controls. + (G) An assessment of privacy and civil liberties + requirements associated with the national artificial + intelligence research resource and its research. + (H) A plan for sustaining the resources, including + through Federal funding and partnerships with the + private sector. + (I) The parameters for the establishment and + sustainment of the national artificial intelligence + resource, including agency roles and responsibilities + and milestones to implement the resource. + (c) Consultations.--In conducting its duties required under +subsection (b), the Task Force shall consult with the following: + (1) The National Science Foundation. + (2) The Office of Science and Technology Policy. + (3) The National Academies of Sciences, Engineering, and + Medicine. + (4) The National Institute of Standards and Technology. + (5) The Defense Advanced Research Projects Agency. + (6) The Intelligence Advanced Research Projects Activity. + (7) The Department of Energy. + (8) The Department of Defense. + (9) The General Services Administration. + (10) Private industry. + (11) Institutions of higher education. + (12) Such other persons as the Task Force considers + appropriate. + (d) Staff.--Staff of the Task Force shall comprise detailees with +expertise in artificial intelligence, or related fields from the Office +of Science and Technology Policy, the National Science Foundation, or +any other agency the co-chairs deem appropriate, with the consent of +the head of the agency. The co-chairs shall also be authorized to hire +staff from outside the Federal government for the duration of the task +force. + (e) Task Force Reports.-- + (1) Initial report.--Not later than 12 months after the + date on which all of the appointments have been made under + subsection (a)(2)(B), the Task Force shall submit to Congress + and the President an interim report containing the findings, + conclusions, and recommendations of the Task Force. The report + shall include specific recommendations regarding steps the Task + Force believes necessary for the establishment and sustainment + of a national artificial intelligence research resource. + (2) Final report.--Taking into account the findings of the + Government Accountability Office report required in section 106 + of this Act, not later than 6 months after the submittal of the + interim report under paragraph (1), the Task Force shall submit + to Congress and the President a final report containing the + findings, conclusions, and recommendations of the Task Force, + including the specific recommendations required by subsection + (b). + (f) Termination.-- + (1) In general.--The Task Force shall terminate 90 days + after the date on which it submits the final report under + subsection (e)(2). + (2) Records.--Upon termination of the Task Force, all of + its records shall become the records of the National Archives + and Records Administration. + (g) Definitions.--In this section: + (1) National artificial intelligence research resource and + resource.--The terms ``National Artificial Intelligence + Research Resource'' and ``Resource'' mean a system that + provides researchers and students across scientific fields and + disciplines with access to compute resources, co-located with + publicly-available, artificial intelligence-ready government + and non-government data sets and a research environment with + appropriate educational tools and user support. + (2) Ownership.--The term ``ownership'' means responsibility + and accountability for the implementation, deployment, and + ongoing development of the National Artificial Intelligence + Research Resource, and for providing staff support to that + effort. + +SEC. 5108. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) artificial intelligence systems have the potential to + transform every sector of the United States economy, boosting + productivity, enhancing scientific research, and increasing + U.S. competitiveness; and + (2) the United States Government should use this Initiative + to enable the benefits of trustworthy artificial intelligence + while preventing the creation and use of artificial + intelligence systems that behave in ways that cause harm, + including-- + (A) high-risk systems that lack sufficient + robustness to prevent adversarial attacks; + (B) high-risk systems that harm the privacy or + security of users or the general public; + (C) artificial general intelligence systems that + may become self-aware or uncontrollable; and + (D) artificial intelligence systems that may + perpetuate societal biases against protected classes of + persons, including on the basis of sex, race, age, + disability, color, creed, national origin, or religion, + or otherwise automate discriminatory decision-making. + +SEC. 5109. RULE OF CONSTRUCTION REGARDING ETHICAL ARTIFICIAL + INTELLIGENCE. + + For purposes of this division, the term ``ethical'' (when used in +the context of artificial intelligence) shall be deemed to include +efforts to minimize or eliminate discriminatory algorithmic bias, +particularly as it pertains to protected classes of persons, including +on the basis of sex, race, age, disability, color, creed, national +origin, or religion. + + TITLE II--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES + +SEC. 5201. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES. + + (a) In General.--As part of the Initiative, the Director of the +National Science Foundation shall establish a program to award +financial assistance for the planning, establishment, and support of +Institutes (as described in subsection (b)(2)) in accordance with this +section. + (b) Financial Assistance To Establish and Support National +Artificial Intelligence Research Institutes.-- + (1) In general.--Under the Initiative, the Secretary of + Energy, the Secretary of Commerce, the Director of the National + Science Foundation, and every other agency head may award + financial assistance to an eligible entity, or consortia + thereof, as determined by an agency head, to establish and + support an Institute. + (2) Artificial intelligence institutes.--An Institute + described in this subsection is an artificial intelligence + research institute that-- + (A) is focused on-- + (i) a particular economic or social sector, + including health, education, manufacturing, + agriculture, security, energy, and environment, + and includes a component that addresses the + ethical, societal, safety, and security + implications relevant to the application of + artificial intelligence in that sector; or + (ii) a cross-cutting challenge for + artificial intelligence systems, including + trustworthiness, or foundational science; + (B) requires partnership among public and private + organizations, including, as appropriate, Federal + agencies, research universities, community colleges, + nonprofit research organizations, Federal laboratories, + State, local, and tribal governments, and industry (or + consortia thereof); + (C) has the potential to create an innovation + ecosystem, or enhance existing ecosystems, to translate + Institute research into applications and products, as + appropriate to the topic of each Institute; + (D) supports interdisciplinary research and + development across multiple institutions and + organizations involved in artificial intelligence + research and related disciplines, including physics, + engineering, mathematical sciences, computer and + information science, robotics, biological and cognitive + sciences, material science, social and behavioral + sciences, cybersecurity, and technology ethics; + (E) supports interdisciplinary education + activities, including curriculum development, research + experiences, and faculty professional development + across two-year, undergraduates, masters, and doctoral + level programs; and + (F) supports workforce development in artificial + intelligence related disciplines in the United States, + including broadening participation of underrepresented + communities. + (3) Use of funds.--Financial assistance awarded under + paragraph (1) may be used by an Institute for-- + (A) managing and making available to researchers + accessible, curated, standardized, secure, and privacy + protected data sets from the public and private sectors + for the purposes of training and testing artificial + intelligence systems and for research using artificial + intelligence systems, pursuant to section 5301(b) and + 5301(c); + (B) developing and managing testbeds for artificial + intelligence systems, including sector-specific test + beds, designed to enable users to evaluate artificial + intelligence systems prior to deployment; + (C) conducting research and education activities + involving artificial intelligence systems to solve + challenges with social, economic, health, scientific, + and national security implications; + (D) providing or brokering access to computing + resources, networking, and data facilities for + artificial intelligence research and development + relevant to the Institute's research goals; + (E) providing technical assistance to users, + including software engineering support, for artificial + intelligence research and development relevant to the + Institute's research goals; + (F) engaging in outreach and engagement to broaden + participation in artificial intelligence research and + workforce; and + (G) such other activities that an agency head, + whose agency's missions contribute to or are affected + by artificial intelligence, considers consistent with + the purposes described in section 5101(a). + (4) Duration.-- + (A) Initial periods.--An award of financial + assistance under paragraph (1) shall be awarded for an + initial period of 5 years. + (B) Extension.--An established Institute may apply + for, and the agency head may grant, extended funding + for periods of 5 years on a merit-reviewed basis using + the merit review criteria of the sponsoring agency. + (5) Application for financial assistance.-- + (A) In general.--A person or group of persons + seeking financial assistance under paragraph (1) shall + submit to an agency head an application at such time, + in such manner, and containing such information as the + agency head may require. + (B) Requirements.--An application submitted under + subparagraph (A) for an Institute shall, at a minimum, + include the following: + (i) A plan for the Institute to include-- + (I) the proposed goals and + activities of the Institute; + (II) how the Institute will form + partnerships with other research + institutions, industry, and nonprofits + to leverage expertise in artificial + intelligence and access to data, + including non-governmental data and + computing resources; + (III) how the institute will + support long-term and short-term + education and workforce development in + artificial intelligence, including + broadening participation of + underrepresented communities; and + (IV) a plan for how the Institute + will transition from planning into + operations. + (ii) A description of the anticipated + sources and nature of any non-Federal + contributions, including privately held data + sets, computing resources, and other types of + in-kind support. + (iii) A description of the anticipated + long-term impact of such Institute. + (6) Competitive, merit review.--In awarding financial + assistance under paragraph (1), the agency head shall-- + (A) use a competitive, merit review process that + includes peer review by a diverse group of individuals + with relevant expertise from both the private and + public sectors; and + (B) ensure the focus areas of the Institute do not + substantially duplicate the efforts of any other + Institute. + (7) Collaboration.-- + (A) In general.--In awarding financial assistance + under paragraph (1), an agency head may collaborate + with Federal departments and agencies whose missions + contribute to or are affected by artificial + intelligence systems, including the agencies outlined + in section 5103(c). + (B) Coordinating network.--The Director of the + National Science Foundation shall establish a network + of Institutes receiving financial assistance under this + subsection, to be known as the ``Artificial + Intelligence Leadership Network'', to coordinate cross- + cutting research and other activities carried out by + the Institutes. + (C) Funding.--The head of an agency may request, + accept, and provide funds from other Federal + departments and agencies, State, United States + territory, local, or tribal government agencies, + private sector for-profit entities, and nonprofit + entities, to be available to the extent provided by + appropriations Acts, to support an Institute's + activities. The head of an agency may not give any + special consideration to any agency or entity in return + for a donation. + + TITLE III--DEPARTMENT OF COMMERCE + +SEC. 5301. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIVITIES. + + (a) In General.--As part of the Initiative, the Director of the +National Institute of Standards and Technology shall-- + (1) support measurement research and development of best + practices and voluntary standards for trustworthy artificial + intelligence systems, including for-- + (A) privacy and security, including for datasets + used to train or test artificial intelligence systems + and software and hardware used in artificial + intelligence systems; + (B) advanced computer chips and hardware designed + for artificial intelligence systems; + (C) data management and techniques to increase the + usability of data, including strategies to + systematically clean, label, and standardize data into + forms useful for training artificial intelligence + systems and the use of common, open licenses; + (D) safety and robustness of artificial + intelligence systems, including assurance, + verification, validation, security, control, and the + ability for artificial intelligence systems to + withstand unexpected inputs and adversarial attacks; + (E) auditing mechanisms and benchmarks for + accuracy, transparency, verifiability, and safety + assurance for artificial intelligence systems; + (F) applications of machine learning and artificial + intelligence systems to improve other scientific fields + and engineering; + (G) model documentation, including performance + metrics and constraints, measures of fairness, training + and testing processes, and results; + (H) system documentation, including connections and + dependences within and between systems, and + complications that may arise from such connections; and + (I) all other areas deemed by the Director to be + critical to the development and deployment of + trustworthy artificial intelligence; + (2) produce curated, standardized, representative, secure, + and privacy protected data sets for artificial intelligence + research, development, and use, prioritizing data for high- + value, high-risk research; + (3) support one or more institutes as described in section + 5201(a) for the purpose of advancing the field of artificial + intelligence; + (4) support and strategically engage in the development of + voluntary consensus standards, including international + standards, through open, transparent, and consensus-based + processes; + (5) taking into account the findings from the National + Academies study in section 5105, develop taxonomies and lexica + to describe artificial intelligence tasks, knowledge, skills, + abilities, competencies, and work roles to guide career + development, education, and training activities in industry, + academia, nonprofit organizations, and the Federal government, + identify workforce gaps in the public and private sector, and + create criteria and measurement for credentials in artificial + intelligence-related careers; and + (6) enter into and perform such contracts, including + cooperative research and development arrangements and grants + and cooperative agreements or other transactions, as may be + necessary in the conduct of the work of the National Institute + of Standards and Technology and on such terms as the Director + considers appropriate, in furtherance of the purposes of this + division. + (b) Risk Management Framework.--Not later than 2 years after the +date of the enactment of this Act, the Director shall work to develop, +and periodically update, in collaboration with other public and private +sector organizations, including the National Science Foundation and the +Department of Energy, a voluntary risk management framework for the +trustworthiness of artificial intelligence systems. The framework +shall-- + (1) identify and provide standards, guidelines, best + practices, methodologies, procedures, and processes for + assessing the trustworthiness of, and mitigating risks to, + artificial intelligence systems; + (2) establish common definitions and characterizations for + aspects and levels of trustworthiness, including + explainability, transparency, safety, privacy, security, + robustness, fairness, bias, ethics, validation, verification, + interpretability, and other properties related to artificial + intelligence systems that are common across all sectors; + (3) provide guidance and implementation steps for risk + management of artificial intelligence systems; + (4) provide sector-specific case studies of implementation + of the framework; + (5) align with voluntary consensus standards, including + international standards, to the fullest extent possible; + (6) incorporate voluntary consensus standards and industry + best practices; and + (7) not prescribe or otherwise require-- + (A) the use of specific solutions; or + (B) the use of specific information or + communications technology products or services. + (c) Data Sharing and Documentation Best Practices.--Not later than +1 year after the date of enactment of this Act, the Director shall, in +collaboration with other public and private sector organizations, +develop guidance to facilitate the creation of voluntary data sharing +arrangements between industry, federally funded research centers, and +Federal agencies for the purpose of advancing artificial intelligence +research and technologies, including-- + (1) options for partnership models between government + entities, industry, universities, and nonprofits that + incentivize each party to share the data they collected; and + (2) best practices for datasets used to train artificial + intelligence systems, including-- + (A) standards for metadata that describe the + properties of datasets, including-- + (i) the origins of the data; + (ii) the intent behind the creation of the + data; + (iii) authorized uses of the data; + (iv) descriptive characteristics of the + data, including what populations are included + and excluded from the datasets; and + (v) any other properties as determined by + the Director; and + (B) standards for privacy and security of datasets + with human characteristics. + (d) Stakeholder Outreach.--In carrying out the activities under +this subsection, the Director shall-- + (1) solicit input from university researchers, private + sector experts, relevant Federal agencies, Federal + laboratories, State and local governments, civil society + groups, and other relevant stakeholders; + (2) solicit input from experts in relevant fields of social + science, technology ethics, and law; and + (3) provide opportunity for public comment on guidelines + and best practices developed as part of the Initiative, as + appropriate. + (e) Authorization of Appropriations.--There are authorized to be +appropriated to the National Institute of Standards and Technology to +carry out this section $64,000,000 for fiscal year 2021. + +SEC. 5302. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ARTIFICIAL + INTELLIGENCE CENTER. + + (a) In General.--The Administrator of the National Oceanic and +Atmospheric Administration (hereafter referred to as ``the +Administrator'') shall establish, a Center for Artificial Intelligence +(hereafter referred to as ``the Center''). + (b) Center Goals.--The goals of the Center shall be to-- + (1) coordinate and facilitate the scientific and + technological efforts across the National Oceanic and + Atmospheric Administration; and + (2) expand external partnerships, and build workforce + proficiency to effectively transition artificial intelligence + applications to operations. + (c) Center Priorities.--Through the Center, the Administrator shall +implement a comprehensive program to improve the use of artificial +intelligence systems across the agency in support of the mission of the +National Oceanic and Atmospheric Administration. The priorities of the +Center shall be to-- + (1) coordinate and facilitate artificial intelligence + research and innovation, tools, systems, and capabilities + across the National Oceanic and Atmospheric Administration; + (2) establish data standards and develop and maintain a + central repository for agency-wide artificial intelligence + applications; + (3) accelerate the transition of artificial intelligence + research to applications in support of the mission of the + National Oceanic and Atmospheric Administration; + (4) develop and conduct training for the workforce of the + National Oceanic and Atmospheric Administration related to + artificial intelligence research and application of artificial + intelligence for such agency; + (5) facilitate partnerships between the National Oceanic + and Atmospheric Administration and other public sector + organizations, private sector organizations, and institutions + of higher education for research, personnel exchange, and + workforce development with respect to artificial intelligence + systems; and + (6) make data of the National Oceanic and Atmospheric + Administration accessible, available, and ready for artificial + intelligence applications. + (d) Stakeholder Engagement.--In carrying out the activities +authorized in this section, the Administrator shall-- + (1) collaborate with a diverse set of stakeholders + including private sector entities and institutions of higher + education; + (2) leverage the collective body of research on artificial + intelligence and machine learning; and + (3) engage with relevant Federal agencies, research + communities, and potential users of information produced under + this section. + (e) Authorization of Appropriations.--There are authorized to be +appropriated to the Administrator to carry out this section $10,000,000 +for fiscal year 2021. + + TITLE IV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE + ACTIVITIES + +SEC. 5401. ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION. + + (a) In General.--As part of the Initiative, the Director of the +National Science Foundation shall fund research and education +activities in artificial intelligence systems and related fields, +including competitive awards or grants to institutions of higher +education or eligible nonprofit organizations (or consortia thereof). + (b) Uses of Funds.--In carrying out the activities under subsection +(a), the Director of the National Science Foundation shall-- + (1) support research, including interdisciplinary research + on artificial intelligence systems and related areas; + (2) support collaborations among researchers across + disciplines, including between social scientists and computer + and data scientists, to advance research critical to the + development and deployment of trustworthy artificial + intelligence systems, including support for interdisciplinary + research relating advances in artificial intelligence to + changes in the future workplace, in a social and economic + context; + (3) use the existing programs of the National Science + Foundation, in collaboration with other Federal departments and + agencies, as appropriate to-- + (A) improve the teaching and learning of artificial + intelligence systems at all levels of education; and + (B) increase participation in artificial + intelligence related fields, including by individuals + identified in sections 33 and 34 of the Science and + Engineering Equal Opportunity Act (42 U.S.C. 1885a and + 1885b); + (4) engage with institutions of higher education, research + communities, industry, Federal laboratories, nonprofit + organizations, State and local governments, and potential users + of information produced under this section, including through + the convening of workshops and conferences, to leverage the + collective body of knowledge across disciplines relevant to + artificial intelligence, facilitate new collaborations and + partnerships, and identify emerging research needs; + (5) support partnerships among institutions of higher + education and industry that facilitate collaborative research, + personnel exchanges, and workforce development with respect to + artificial intelligence systems; + (6) ensure adequate access to research and education + infrastructure with respect to artificial intelligence systems, + including through the development of new computing resources + and partnership with the private sector for the provision of + cloud-based computing services; + (7) conduct prize competitions, as appropriate, pursuant to + section 24 of the Stevenson-Wydler Technology Innovation Act of + 1980 (15 U.S.C. 3719); + (8) coordinate research efforts funded through existing + programs across the directorates of the National Science + Foundation; + (9) provide guidance on data sharing by grantees to public + and private sector organizations consistent with the standards + and guidelines developed under section 5301(c); and + (10) evaluate opportunities for international collaboration + with strategic allies on artificial intelligence research and + development. + (c) Artificial Intelligence Research Grants.-- + (1) In general.--The Director shall award grants for + research on artificial intelligence systems. Research areas may + include-- + (A) artificial intelligence systems, including + machine learning, computer vision, robotics, and + hardware for accelerating artificial intelligence + systems; + (B) artificial intelligence-enabled systems; + (C) fields and research areas that will contribute + to the advancement of artificial intelligence systems, + including information theory, causal and statistical + inference, data mining, information extraction, human- + robot interaction, and intelligent interfaces; + (D) fields and research areas that increase + understanding of human characteristics relevant to + artificial intelligence systems, including + computational neuroscience, reasoning and + representation, speech and language, multi-agent + systems, intelligent interfaces, human-artificial + intelligence cooperation, and artificial intelligence- + augmented human problem solving; + (E) fields and research areas that increase + understanding of learning, adaptability, and resilience + beyond the human cognitive model, including topics in + developmental biology, zoology, botany, morphological + computation, and organismal systems; + (F) fields and research areas that will contribute + to the development and deployment of trustworthy + artificial intelligence systems, including-- + (i) algorithmic explainability; + (ii) methods to assess, characterize, and + reduce bias in datasets and artificial + intelligence systems; and + (iii) safety and robustness of artificial + intelligence systems, including assurance, + verification, validation, security, and + control; + (G) privacy and security, including for datasets + used for the training and inference of artificial + intelligence systems, and software and hardware used in + artificial intelligence systems; + (H) fields and research areas that address the + application of artificial intelligence systems to + scientific discovery and societal challenges, including + economic and public health emergencies; + (I) societal, ethical, safety, education, + workforce, and security implications of artificial + intelligence systems, including social impact of + artificial intelligence systems on different groups + within society, especially historically marginalized + groups; and + (J) qualitative and quantitative forecasting of + future capabilities, applications, and impacts. + (2) Engineering support.--In soliciting proposals for + funding under this section, the Director shall permit + applicants to include in their proposed budgets funding for + software engineering support to assist with the proposed + research. + (3) Ethics.-- + (A) Sense of congress.--It is the sense of Congress + that-- + (i) a number of emerging areas of research, + including artificial intelligence, have + potential ethical, social, safety, and security + implications that might be apparent as early as + the basic research stage; + (ii) the incorporation of ethical, social, + safety, and security considerations into the + research design and review process for Federal + awards may help mitigate potential harms before + they happen; + (iii) the National Science Foundation's + intent to enter into an agreement with the + National Academies of Sciences, Engineering, + and Medicine to conduct a study and make + recommendations with respect to governance of + research in emerging technologies is a positive + step toward accomplishing this goal; and + (iv) the National Science Foundation should + continue to work with stakeholders to + understand and adopt policies that promote best + practices for governance of research in + emerging technologies at every stage of + research. + (B) Ethics statements.-- + (i) In general.--Not later than 18 months + after the date of enactment of this Act, the + Director shall amend grant proposal + instructions to include a requirement for an + ethics statement to be included as part of any + proposal for funding prior to making the award. + Such statement shall be considered by the + Director in the review of proposals, taking + into consideration any relevant input from the + peer-reviewers for the proposal, and shall + factor into award decisions as deemed necessary + by the Director. + (ii) Contents.--Such statements may + include, as appropriate-- + (I) the potential societal benefits + of the research; + (II) any foreseeable or + quantifiable risks to society, + including how the research could enable + products, technologies, or other + outcomes that could intentionally or + unintentionally cause significant + societal harm; and + (III) how technical or social + solutions can mitigate such risks and, + as appropriate, a plan to implement + such mitigation measures. + (iii) Guidance.--The Director shall issue + clear guidance on what constitutes a + foreseeable or quantifiable risk described in + clause (ii)(II), and to the extent practical + harmonize this policy with existing ethical + policies or related requirements for human + subjects. + (iv) Annual reports.--The Director shall + encourage grantees to update their ethics + statements as appropriate as part of the annual + reports required by all grantees under the + grant terms and conditions. + (d) Education.-- + (1) In general.--The Director of the National Science + Foundation shall award grants for education programs at the K- + 12, community college, undergraduate, graduate, postdoctoral, + adult learning, and retraining stages of education that-- + (A) support the development of a diverse workforce + pipeline for science and technology with respect to + artificial intelligence systems; + (B) increase awareness of ethical, social, safety, + and security implications of artificial intelligence + systems; and + (C) promote the widespread understanding of + artificial intelligence principles and methods to + create an educated workforce and general public able to + use products enabled by artificial intelligence systems + and adapt to future societal and economic changes + caused by artificial intelligence systems. + (2) Use of funds.--Grants awarded under this section for + education activities referred to in paragraph (1) may be used + for-- + (A) collaborative interdisciplinary research, + development, testing, and dissemination of K-12, + undergraduate, and community college curriculum + development, dissemination, and other educational tools + and methods in artificial intelligence related fields; + (B) curriculum development in the field of + technology ethics; + (C) support for informal education activities for + K-12 students to engage with artificial intelligence + systems, including mentorship programs for + underrepresented populations; + (D) efforts to achieve equitable access to K-12 + artificial intelligence education for populations and + geographic areas traditionally underrepresented in the + artificial intelligence field; + (E) training and professional development programs, + including innovative pre-service and in-service + programs, in artificial intelligence and related fields + for K-12 teachers; + (F) efforts to improve the retention rate for + researchers focusing on artificial intelligence systems + at institutions of higher learning and other nonprofit + research institutions; + (G) outreach programs to educate the general public + about the uses of artificial intelligence and its + societal implications; + (H) assessments of activities conducted under this + subsection; and + (I) any other relevant activities the Director + determines will accomplish the aim described in + paragraph (1). + (3) Artificial intelligence traineeships and fellowships.-- + (A) Artificial intelligence traineeships.-- + (i) In general.--The Director of the + National Science Foundation shall award grants + to institutions of higher education to + establish traineeship programs for graduate + students who pursue artificial intelligence- + related research leading to a masters or + doctorate degree by providing funding and other + assistance, and by providing graduate students + opportunities for research experiences in + government or industry related to the students' + artificial intelligence studies. + (ii) Use of funds.--An institution of + higher education shall use grant funds provided + under clause (i) for the purposes of-- + (I) providing traineeships to + students who are pursuing research in + artificial intelligence leading to a + masters or doctorate degree; + (II) paying tuition and fees for + students receiving traineeships who are + citizens, nationals, or lawfully + admitted permanent resident aliens of + the United States; + (III) creating and requiring + courses or training programs in + technology ethics for students + receiving traineeships; + (IV) creating opportunities for + research in technology ethics for + students receiving traineeships; + (V) establishing scientific + internship programs for students + receiving traineeships in artificial + intelligence at for-profit + institutions, nonprofit research + institutions, or government + laboratories; and + (VI) other costs associated with + the administration of the program. + (B) Artificial intelligence fellowships.--The + Director of the National Science Foundation shall award + fellowships to masters and doctoral students and + postdoctoral researchers at institutions of higher + education who are pursuing degrees or research in + artificial intelligence and related fields, including + in the field of technology ethics. In making such + awards, the Director shall-- + (i) ensure recipients of artificial + intelligence fellowships are citizens, + nationals, or lawfully admitted permanent + resident aliens of the United States; and + (ii) conduct outreach, including through + formal solicitations, to solicit proposals from + students and postdoctoral researchers seeking + to carry out research in aspects of technology + ethics with relevance to artificial + intelligence systems. + (C) Faculty recruitment fellowships.-- + (i) In general.--The Director of the + National Science Foundation shall establish a + program to award grants to institutions of + higher education to recruit and retain tenure- + track or tenured faculty in artificial + intelligence and related fields. + (ii) Use of funds.--An institution of + higher education shall use grant funds provided + under clause (i) for the purposes of-- + (I) recruiting new tenure-track or + tenured faculty members to that conduct + research and teaching in artificial + intelligence and related fields and + research areas, including technology + ethics; and + (II) paying salary and benefits for + the academic year of newly recruited + tenure-track or tenured faculty members + for a duration of up to 3 years. + (D) Faculty technology ethics fellowships.-- + (i) In general.--The Director of the + National Science Foundation shall establish a + program to award fellowships to tenure-track + and tenured faculty in social and behavioral + sciences, ethics, law, and related fields to + develop new research projects and partnerships + in technology ethics, in collaboration with + faculty conducting empirical research in + artificial intelligence and related fields. + (ii) Purposes.--The purposes of such + fellowships are to enable researchers in social + and behavioral sciences, ethics, law, and + related fields to establish new research and + education partnerships with researchers in + artificial intelligence and related fields; + learn new techniques and acquire systematic + knowledge in artificial intelligence and + related fields; shift their research to focus + on technology ethics; and mentor and advise + graduate students and postdocs pursuing + research in technology ethics. + (iii) Uses of funds.--A fellowship may + include salary and benefits for up to one + academic year and additional expenses to + support coursework or equivalent training in + artificial intelligence systems. + (E) Update to robert noyce teacher scholarship + program.--Section 10(i)(5) of the National Science + Foundation Authorization Act of 2002 (42 U.S.C. 1862n- + 1(i)(5)) is amended by inserting ``and artificial + intelligence'' after ``computer science''. + (4) Update to advanced technological education program.-- + (A) In general.--Section 3(b) of the Scientific and + Advanced-Technology Act of 1992 (42 U.S.C. 1862(i)) is + amended by striking ``10'' and inserting ``12''. + (B) Artificial intelligence centers of + excellence.--The Director of the National Science + Foundation shall establish national centers of + scientific and technical education to advance education + and workforce development in areas related to + artificial intelligence pursuant to Section 3 of the + Scientific and Advanced-Technology Act of 1992 (42 + U.S.C. 1862(i)). Activities of such centers may + include-- + (i) the development, dissemination, and + evaluation of curriculum and other educational + tools and methods in artificial intelligence + related fields and research areas, including + technology ethics; + (ii) the development and evaluation of + artificial intelligence related certifications + for 2-year programs; and + (iii) interdisciplinary science and + engineering research in employment-based adult + learning and career retraining related to + artificial intelligence fields. + (e) Authorization of Appropriations.--There are authorized to be +appropriated to the National Science Foundation to carry out this +section $868,000,000 for fiscal year 2021. + + TITLE V--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM + +SEC. 5501. DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH + PROGRAM. + + (a) In General.--The Secretary shall carry out a cross-cutting +research and development program to advance artificial intelligence +tools, systems, capabilities, and workforce needs and to improve the +reliability of artificial intelligence methods and solutions relevant +to the mission of the Department. In carrying out this program, the +Secretary shall coordinate across all relevant offices and programs at +the Department, including the Office of Science, the Office of Energy +Efficiency and Renewable Energy, the Office of Nuclear Energy, the +Office of Fossil Energy, the Office of Electricity, the Office of +Cybersecurity, Energy Security, and Emergency Response, the Advanced +Research Projects Agency-Energy, and any other relevant office +determined by the Secretary. + (b) Research Areas.--In carrying out the program under subsection +(a), the Secretary shall award financial assistance to eligible +entities to carry out research projects on topics including-- + (1) the application of artificial intelligence systems to + improve large-scale simulations of natural and other phenomena; + (2) the study of applied mathematics, computer science, and + statistics, including foundations of methods and systems of + artificial intelligence, causal and statistical inference, and + the development of algorithms for artificial intelligence + systems; + (3) the analysis of existing large-scale datasets from + science and engineering experiments and simulations, including + energy simulations and other priorities at the Department as + determined by the Secretary using artificial intelligence tools + and techniques; + (4) the development of operation and control systems that + enhance automated, intelligent decisionmaking capabilities; + (5) the development of advanced computing hardware and + computer architecture tailored to artificial intelligence + systems, including the codesign of networks and computational + hardware; + (6) the development of standardized datasets for emerging + artificial intelligence research fields and applications, + including methods for addressing data scarcity; and + (7) the development of trustworthy artificial intelligence + systems, including-- + (A) algorithmic explainability; + (B) analytical methods for identifying and + mitigating bias in artificial intelligence systems; and + (C) safety and robustness, including assurance, + verification, validation, security, and control. + (c) Technology Transfer.--In carrying out the program under +subsection (a), the Secretary shall support technology transfer of +artificial intelligence systems for the benefit of society and United +States economic competitiveness. + (d) Facility Use and Upgrades.--In carrying out the program under +subsection (a), the Secretary shall-- + (1) make available high-performance computing + infrastructure at national laboratories; + (2) make any upgrades necessary to enhance the use of + existing computing facilities for artificial intelligence + systems, including upgrades to hardware; + (3) establish new computing capabilities necessary to + manage data and conduct high performance computing that enables + the use of artificial intelligence systems; and + (4) maintain and improve, as needed, networking + infrastructure, data input and output mechanisms, and data + analysis, storage, and service capabilities. + (e) Ethics.-- + (1) In general.--Not later than 18 months after the date of + enactment of this Act, the Secretary shall amend grant proposal + instructions to include a requirement for an ethics statement + to be included as part of any proposal for funding prior to + making the award. Such statement shall be considered by the + Secretary in the review of proposals, taking into consideration + any relevant input from the peer-reviewers for the proposal, + and shall factor into award decisions as deemed necessary by + the Secretary. Such statements may include, as appropriate-- + (A) the potential societal benefits of the + research; + (B) any foreseeable or quantifiable risks to + society, including how the research could enable + products, technologies, or other outcomes that could + intentionally or unintentionally cause significant + societal harm; and + (C) how technical or social solutions can mitigate + such risks and, as appropriate, a plan to implement + such mitigation measures. + (2) Guidance.--The Secretary shall issue clear guidance on + what constitutes risks as described in section (1)(B), and to + the extent practical harmonize this policy with existing + ethical policies or related requirements for human subjects. + (3) Annual reports.--The Secretary shall encourage awardees + to update their ethics statements as appropriate as part of the + annual reports required by all awardees under the grant terms + and conditions. + (f) Risk Management.--The Secretary shall review agency policies +for risk management in artificial intelligence related projects and +issue as necessary policies and principles that are consistent with the +framework developed under section 5301(b). + (g) Data Privacy and Sharing.--The Secretary shall review agency +policies for data sharing with other public and private sector +organizations and issue as necessary policies and principles that are +consistent with the standards and guidelines submitted under section +5301(c). In addition, the Secretary shall establish a streamlined +mechanism for approving research projects or partnerships that require +sharing sensitive public or private data with the Department. + (h) Partnerships With Other Federal Agencies.--The Secretary may +request, accept, and provide funds from other Federal departments and +agencies, State, United States territory, local, or Tribal government +agencies, private sector for-profit entities, and nonprofit entities, +to be available to the extent provided by appropriations Acts, to +support a research project or partnership carried out under this +section. The Secretary may not give any special consideration to any +agency or entity in return for a donation. + (i) Stakeholder Engagement.--In carrying out the activities +authorized in this section, the Secretary shall-- + (1) collaborate with a range of stakeholders including + small businesses, institutes of higher education, industry, and + the National Laboratories; + (2) leverage the collective body of knowledge from existing + artificial intelligence and machine learning research; and + (3) engage with other Federal agencies, research + communities, and potential users of information produced under + this section. + (j) Definitions.--In this section: + (1) Secretary.--The term ``Secretary'' means the Secretary + of Energy. + (2) Department.--The term ``Department'' means the + Department of Energy. + (3) National laboratory.--The term ``national laboratory'' + has the meaning given such term in section 2 of the Energy + Policy Act of 2005 (42 U.S.C. 15801). + (4) Eligible entities.--The term ``eligible entities'' + means-- + (A) an institution of higher education; + (B) a National Laboratory; + (C) a Federal research agency; + (D) a State research agency; + (E) a nonprofit research organization; + (F) a private sector entity; or + (G) a consortium of 2 or more entities described in + subparagraph (A) through (F). + (k) Authorization of Appropriations.--There are authorized to be +appropriated to the Department to carry out this section $200,000,000 +for fiscal year 2021. + +SEC. 5502. DEPARTMENT OF ENERGY VETERANS' HEALTH INITIATIVE. + + (a) Definitions.--In this section: + (1) Department.--The term ``Department'' means the + Department of Energy. + (2) National laboratory.--The term ``National Laboratory'' + has the meaning given that term in section 2 of the Energy + Policy Act of 2005 (42 U.S.C. 15801). + (3) Secretary.--The term ``Secretary'' means the Secretary + of Energy. + (b) Purposes.--The purposes of this section are to advance +Department of Energy expertise in artificial intelligence and high- +performance computing in order to improve health outcomes for veteran +populations by-- + (1) supporting basic research through the application of + artificial intelligence, high-performance computing, modeling + and simulation, machine learning, and large-scale data + analytics to identify and solve outcome-defined challenges in + the health sciences; + (2) maximizing the impact of the Department of Veterans + Affairs' health and genomics data housed at the National + Laboratories, as well as data from other sources, on science, + innovation, and health care outcomes through the use and + advancement of artificial intelligence and high-performance + computing capabilities of the Department of Energy; + (3) promoting collaborative research through the + establishment of partnerships to improve data sharing between + Federal agencies, National Laboratories, institutions of higher + education, and nonprofit institutions; + (4) establishing multiple scientific computing user + facilities to house and provision available data to foster + transformational outcomes; and + (5) driving the development of technology to improve + artificial intelligence, high-performance computing, and + networking relevant to mission applications of the Department + of Energy, including modeling, simulation, machine learning, + and advanced data analytics. + (c) Department of Energy Veterans Health Research and +Development.-- + (1) In general.--The Secretary shall establish and carry + out a research program in artificial intelligence and high- + performance computing, focused on the development of tools to + solve big data challenges associated with veteran's healthcare, + and to support the efforts of the Department of Veterans + Affairs to identify potential health risks and challenges + utilizing data on long-term healthcare, health risks, and + genomic data collected from veteran populations. The Secretary + shall carry out this program through a competitive, merit- + reviewed process, and consider applications from National + Laboratories, institutions of higher education, multi- + institutional collaborations, and other appropriate entities. + (2) Program components.--In carrying out the program + established under paragraph (1), the Secretary may-- + (A) conduct basic research in modeling and + simulation, machine learning, large-scale data + analytics, and predictive analysis in order to develop + novel or optimized algorithms for prediction of disease + treatment and recovery; + (B) develop methods to accommodate large data sets + with variable quality and scale, and to provide insight + and models for complex systems; + (C) develop new approaches and maximize the use of + algorithms developed through artificial intelligence, + machine learning, data analytics, natural language + processing, modeling and simulation, and develop new + algorithms suitable for high-performance computing + systems and large biomedical data sets; + (D) advance existing and construct new data + enclaves capable of securely storing data sets provided + by the Department of Veterans Affairs, Department of + Defense, and other sources; and + (E) promote collaboration and data sharing between + National Laboratories, research entities, and user + facilities of the Department by providing the necessary + access and secure data transfer capabilities. + (3) Coordination.--In carrying out the program required + under paragraph (1), the Secretary is authorized to-- + (A) enter into memoranda of understanding in order + to carry out reimbursable agreements with the + Department of Veterans Affairs and other entities in + order to maximize the effectiveness of Department of + Energy research and development to improve veterans' + healthcare; + (B) consult with the Department of Veterans Affairs + and other Federal agencies as appropriate; and + (C) ensure that data storage meets all privacy and + security requirements established by the Department of + Veterans Affairs, and that access to data is provided + in accordance with relevant Department of Veterans + Affairs data access policies, including informed + consent. + (4) Report.--Not later than 2 years after the date of the + enactment of this Act, the Secretary shall submit to the + Committee on Science, Space, and Technology and the Committee + on Veterans' Affairs of the House of Representatives, and the + Committee on Energy and Natural Resources and the Committee on + Veterans' Affairs of the Senate, a report detailing the + effectiveness of-- + (A) the interagency coordination between each + Federal agency involved in the research program carried + out under this subsection; + (B) collaborative research achievements of the + program; and + (C) potential opportunities to expand the technical + capabilities of the Department. + (5) Funding.--There are authorized to be appropriated to + the Secretary of Veterans Affairs to carry out this section + $5,400,000 for fiscal year 2021. + (d) Interagency Collaboration.-- + (1) In general.--The Secretary is authorized to carry out + research, development, and demonstration activities to develop + tools to apply to big data that enable Federal agencies, + institutions of higher education, nonprofit research + organizations, and industry to better leverage the capabilities + of the Department to solve complex, big data challenges. The + Secretary shall carry out these activities through a + competitive, merit-reviewed process, and consider applications + from National Laboratories, institutions of higher education, + multi-institutional collaborations, and other appropriate + entities. + (2) Activities.--In carrying out the research, development, + and demonstration activities authorized under paragraph (1), + the Secretary may-- + (A) utilize all available mechanisms to prevent + duplication and coordinate research efforts across the + Department; + (B) establish multiple user facilities to serve as + data enclaves capable of securely storing data sets + created by Federal agencies, institutions of higher + education, nonprofit organizations, or industry at + National Laboratories; and + (C) promote collaboration and data sharing between + National Laboratories, research entities, and user + facilities of the Department by providing the necessary + access and secure data transfer capabilities. + (3) Report.--Not later than 2 years after the date of the + enactment of this Act, the Secretary shall submit to the + Committee on Science, Space, and Technology of the House of + Representatives and the Committee on Energy and Natural + Resources of the Senate a report evaluating the effectiveness + of the activities authorized under paragraph (1). + (4) Funding.--There are authorized to be appropriated to + the Secretary of Energy to carry out paragraph (1) $15,000,000 + for fiscal year 2021. + + DIVISION F--CORPORATE TRANSPARENCY ACT OF 2019 + +SEC. 6001. SHORT TITLE. + + This division may be cited as the ``Corporate Transparency Act of +2019''. + +SEC. 6002. FINDINGS. + + Congress finds the following: + (1) Nearly 2,000,000 corporations and limited liability + companies are being formed under the laws of the States each + year. + (2) Very few States require information about the + beneficial owners of the corporations and limited liability + companies formed under their laws. + (3) A person forming a corporation or limited liability + company within the United States typically provides less + information at the time of incorporation than is needed to + obtain a bank account or driver's license and typically does + not name a single beneficial owner. + (4) Criminals have exploited State formation procedures to + conceal their identities when forming corporations or limited + liability companies in the United States, and have then used + the newly created entities to commit crimes affecting + interstate and international commerce such as terrorism, + proliferation financing, drug and human trafficking, money + laundering, tax evasion, counterfeiting, piracy, securities + fraud, financial fraud, and acts of foreign corruption. + (5) Law enforcement efforts to investigate corporations and + limited liability companies suspected of committing crimes have + been impeded by the lack of available beneficial ownership + information, as documented in reports and testimony by + officials from the Department of Justice, the Department of + Homeland Security, the Department of the Treasury, and the + Government Accountability Office, and others. + (6) In July 2006, the leading international antimoney + laundering standard-setting body, the Financial Action Task + Force on Money Laundering (in this section referred to as the + ``FATF''), of which the United States is a member, issued a + report that criticizes the United States for failing to comply + with a FATF standard on the need to collect beneficial + ownership information and urged the United States to correct + this deficiency by July 2008. In December 2016, FATF issued + another evaluation of the United States, which found that + little progress has been made over the last ten years to + address this problem. It identified the ``lack of timely access + to adequate, accurate and current beneficial ownership + information'' as a fundamental gap in United States efforts to + combat money laundering and terrorist finance. + (7) In response to the 2006 FATF report, the United States + has urged the States to obtain beneficial ownership information + for the corporations and limited liability companies formed + under the laws of such States. + (8) In contrast to practices in the United States, all 28 + countries in the European Union are required to have corporate + registries that include beneficial ownership information. + (9) To reduce the vulnerability of the United States to + wrongdoing by United States corporations and limited liability + companies with hidden owners, to protect interstate and + international commerce from criminals misusing United States + corporations and limited liability companies, to strengthen law + enforcement investigations of suspect corporations and limited + liability companies, to set a clear, universal standard for + State incorporation practices, and to bring the United States + into compliance with international anti-money laundering + standards, Federal legislation is needed to require the + collection of beneficial ownership information for the + corporations and limited liability companies formed under the + laws of such States. + +SEC. 6003. TRANSPARENT INCORPORATION PRACTICES. + + (a) In General.-- + (1) Amendment to the bank secrecy act.--Chapter 53 of title + 31, United States Code, is amended by inserting after section + 5332 the following new section: +``Sec. 5333 Transparent incorporation practices + ``(a) Reporting Requirements.-- + ``(1) Beneficial ownership reporting.-- + ``(A) In general.--Each applicant to form a + corporation or limited liability company under the laws + of a State or Indian Tribe shall file a report with + FinCEN containing a list of the beneficial owners of + the corporation or limited liability company that-- + ``(i) except as provided in paragraphs (3) + and (4), and subject to paragraph (2), + identifies each beneficial owner by-- + ``(I) full legal name; + ``(II) date of birth; + ``(III) current residential or + business street address; and + ``(IV) a unique identifying number + from a non-expired passport issued by + the United States, a non-expired + personal identification card, or a non- + expired driver's license issued by a + State; and + ``(ii) if the applicant is not a beneficial + owner, also provides the identification + information described in clause (i) relating to + such applicant. + ``(B) Updated information.--Each corporation or + limited liability company formed under the laws of a + State or Indian Tribe shall-- + ``(i) submit to FinCEN an annual filing + containing a list of-- + ``(I) the current beneficial owners + of the corporation or limited liability + company and the information described + in subparagraph (A) for each such + beneficial owner; and + ``(II) any changes in the + beneficial owners of the corporation or + limited liability company during the + previous year; and + ``(ii) pursuant to any rule issued by the + Secretary of the Treasury under subparagraph + (C), update the list of the beneficial owners + of the corporation or limited liability company + within the time period prescribed by such rule. + ``(C) Rulemaking on updating information.--Not + later than 9 months after the completion of the study + required under section 4(a)(1) of the Corporate + Transparency Act of 2019, the Secretary of the Treasury + shall consider the findings of such study and, if the + Secretary determines it to be necessary or appropriate, + issue a rule requiring corporations and limited + liability companies to update the list of the + beneficial owners of the corporation or limited + liability company within a specified amount of time + after the date of any change in the list of beneficial + owners or the information required to be provided + relating to each beneficial owner. + ``(D) State notification.--Each State in which a + corporation or limited liability company is being + formed shall notify each applicant of the requirements + listed in subparagraphs (A) and (B). + ``(2) Certain beneficial owners.--If an applicant to form a + corporation or limited liability company or a beneficial owner, + or similar agent of a corporation or limited liability company + who is required to provide identification information under + this subsection, does not have a nonexpired passport issued by + the United States, a nonexpired personal identification card, + or a non-expired driver's license issued by a State, each such + person shall provide to FinCEN the full legal name, current + residential or business street address, a unique identifying + number from a non-expired passport issued by a foreign + government, and a legible and credible copy of the pages of a + non-expired passport issued by the government of a foreign + country bearing a photograph, date of birth, and unique + identifying information for each beneficial owner, and each + application described in paragraph (1)(A) and each update + described in paragraph (1)(B) shall include a written + certification by a person residing in the State or Indian + country under the jurisdiction of the Indian Tribe forming the + entity that the applicant, corporation, or limited liability + company-- + ``(A) has obtained for each such beneficial owner, + a current residential or business street address and a + legible and credible copy of the pages of a non-expired + passport issued by the government of a foreign country + bearing a photograph, date of birth, and unique + identifying information for the person; + ``(B) has verified the full legal name, address, + and identity of each such person; + ``(C) will provide the information described in + subparagraph (A) and the proof of verification + described in subparagraph (B) upon request of FinCEN; + and + ``(D) will retain the information and proof of + verification under this paragraph until the end of the + 5-year period beginning on the date that the + corporation or limited liability company terminates + under the laws of the State or Indian Tribe. + ``(3) Exempt entities.-- + ``(A) In general.--With respect to an applicant to + form a corporation or limited liability company under + the laws of a State or Indian Tribe, if such entity is + described in subparagraph (C) or (D) of subsection + (d)(4) and will be exempt from the beneficial ownership + disclosure requirements under this subsection, such + applicant, or a prospective officer, director, or + similar agent of the applicant, shall file a written + certification with FinCEN-- + ``(i) identifying the specific provision of + subsection (d)(4) under which the entity + proposed to be formed would be exempt from the + beneficial ownership disclosure requirements + under paragraphs (1) and (2); + ``(ii) stating that the entity proposed to + be formed meets the requirements for an entity + described under such provision of subsection + (d)(4); and + ``(iii) providing identification + information for the applicant or prospective + officer, director, or similar agent making the + certification in the same manner as provided + under paragraph (1) or (2). + ``(B) Existing corporations or limited liability + companies.--On and after the date that is 2 years after + the final regulations are issued to carry out this + section, a corporation or limited liability company + formed under the laws of the State or Indian Tribe + before such date shall be subject to the requirements + of this subsection unless an officer, director, or + similar agent of the entity submits to FinCEN a written + certification-- + ``(i) identifying the specific provision of + subsection (d)(4) under which the entity is + exempt from the requirements under paragraphs + (1) and (2); + ``(ii) stating that the entity meets the + requirements for an entity described under such + provision of subsection (d)(4); and + ``(iii) providing identification + information for the officer, director, or + similar agent making the certification in the + same manner as provided under paragraph (1) or + (2). + ``(C) Exempt entities having ownership interest.-- + If an entity described in subparagraph (C) or (D) of + subsection (d)(4) has or will have an ownership + interest in a corporation or limited liability company + formed or to be formed under the laws of a State or + Indian Tribe, the applicant, corporation, or limited + liability company in which the entity has or will have + the ownership interest shall provide the information + required under this subsection relating to the entity, + except that the entity shall not be required to provide + information regarding any natural person who has an + ownership interest in, exercises substantial control + over, or receives substantial economic benefits from + the entity. + ``(4) FinCEN id numbers.-- + ``(A) Issuance of fincen id number.-- + ``(i) In general.--FinCEN shall issue a + FinCEN ID number to any individual who requests + such a number and provides FinCEN with the + information described under subclauses (I) + through (IV) of paragraph (1)(A)(i). + ``(ii) Updating of information.--An + individual with a FinCEN ID number shall submit + an annual filing with FinCEN updating any + information described under subclauses (I) + through (IV) of paragraph (1)(A)(i). + ``(B) Use of fincen id number in reporting + requirements.--Any person required to report the + information described under paragraph (1)(A)(i) with + respect to an individual may instead report the FinCEN + ID number of the individual. + ``(C) Treatment of information submitted for fincen + id number.--For purposes of this section, any + information submitted under subparagraph (A) shall be + deemed to be beneficial ownership information. + ``(5) Retention and disclosure of beneficial ownership + information by fincen.-- + ``(A) Retention of information.--Beneficial + ownership information relating to each corporation or + limited liability company formed under the laws of the + State or Indian Tribe shall be maintained by FinCEN + until the end of the 5-year period (or such other + period of time as the Secretary of the Treasury may, by + rule, determine) beginning on the date that the + corporation or limited liability company terminates. + ``(B) Disclosure of information.--Beneficial + ownership information reported to FinCEN pursuant to + this section shall be provided by FinCEN only upon + receipt of-- + ``(i) subject to subparagraph (C), a + request, through appropriate protocols, by a + local, Tribal, State, or Federal law + enforcement agency; + ``(ii) a request made by a Federal agency + on behalf of a law enforcement agency of + another country under an international treaty, + agreement, or convention, or an order under + section 3512 of title 18 or section 1782 of + title 28; or + ``(iii) a request made by a financial + institution, with customer consent, as part of + the institution's compliance with due diligence + requirements imposed under the Bank Secrecy + Act, the USA PATRIOT Act, or other applicable + Federal, State, or Tribal law. + ``(C) Appropriate protocols.-- + ``(i) Privacy.--The protocols described in + subparagraph (B)(i) shall-- + ``(I) protect the privacy of any + beneficial ownership information + provided by FinCEN to a local, Tribal, + State, or Federal law enforcement + agency; + ``(II) ensure that a local, Tribal, + State, or Federal law enforcement + agency requesting beneficial ownership + information has an existing + investigatory basis for requesting such + information; + ``(III) ensure that access to + beneficial ownership information is + limited to authorized users at a local, + Tribal, State, or Federal law + enforcement agency who have undergone + appropriate training, and refresher + training no less than every 2 years, + and that the identity of such + authorized users is verified through + appropriate mechanisms, such as two- + factor authentication; + ``(IV) include an audit trail of + requests for beneficial ownership + information by a local, Tribal, State, + or Federal law enforcement agency, + including, as necessary, information + concerning queries made by authorized + users at a local, Tribal, State, or + Federal law enforcement agency; + ``(V) require that every local, + Tribal, State, or Federal law + enforcement agency that receives + beneficial ownership information from + FinCEN conducts an annual audit to + verify that the beneficial ownership + information received from FinCEN has + been accessed and used appropriately, + and consistent with this paragraph; and + ``(VI) require FinCEN to conduct an + annual audit of every local, Tribal, + State, or Federal law enforcement + agency that has received beneficial + ownership information to ensure that + such agency has requested beneficial + ownership information, and has used any + beneficial ownership information + received from FinCEN, appropriately, + and consistent with this paragraph. + ``(ii) Limitation on use.--Beneficial + ownership information provided to a local, + Tribal, State, or Federal law enforcement + agency under this paragraph may only be used + for law enforcement, national security, or + intelligence purposes. + ``(D) Access procedures.--FinCEN shall establish + stringent procedures for the protection and proper use + of beneficial ownership information disclosed pursuant + to subparagraph (B), including procedures to ensure + such information is not being inappropriately accessed + or misused by law enforcement agencies. + ``(E) Report to congress.--FinCEN shall issue an + annual report to Congress stating-- + ``(i) the number of times law enforcement + agencies and financial institutions have + accessed beneficial ownership information + pursuant to subparagraph (B); + ``(ii) the number of times beneficial + ownership information reported to FinCEN + pursuant to this section was inappropriately + accessed, and by whom; and + ``(iii) the number of times beneficial + ownership information was disclosed under + subparagraph (B) pursuant to a subpoena. + ``(F) Disclosure of non-pii data.--Notwithstanding + subparagraph (B), FinCEN may issue guidance and + otherwise make materials available to financial + institutions and the public using beneficial ownership + information reported pursuant to this section if such + information is aggregated in a manner that removes all + personally identifiable information. For purposes of + this subparagraph, `personally identifiable + information' includes information that would allow for + the identification of a particular corporation or + limited liability company. + ``(b) No Bearer Share Corporations or Limited Liability +Companies.--A corporation or limited liability company formed under the +laws of a State or Indian Tribe may not issue a certificate in bearer +form evidencing either a whole or fractional interest in the +corporation or limited liability company. + ``(c) Penalties.-- + ``(1) In general.--It shall be unlawful for any person to + affect interstate or foreign commerce by-- + ``(A) knowingly providing, or attempting to + provide, false or fraudulent beneficial ownership + information, including a false or fraudulent + identifying photograph, to FinCEN in accordance with + this section; + ``(B) willfully failing to provide complete or + updated beneficial ownership information to FinCEN in + accordance with this section; or + ``(C) knowingly disclosing the existence of a + subpoena or other request for beneficial ownership + information reported pursuant to this section, except-- + ``(i) to the extent necessary to fulfill + the authorized request; or + ``(ii) as authorized by the entity that + issued the subpoena, or other request. + ``(2) Civil and criminal penalties.--Any person who + violates paragraph (1)-- + ``(A) shall be liable to the United States for a + civil penalty of not more than $10,000; and + ``(B) may be fined under title 18, United States + Code, imprisoned for not more than 3 years, or both. + ``(3) Limitation.--Any person who negligently violates + paragraph (1) shall not be subject to civil or criminal + penalties under paragraph (2). + ``(4) Waiver.--The Secretary of the Treasury may waive the + penalty for violating paragraph (1) if the Secretary determines + that the violation was due to reasonable cause and was not due + to willful neglect. + ``(5) Criminal penalty for the misuse or unauthorized + disclosure of beneficial ownership information.--The criminal + penalties provided for under section 5322 shall apply to a + violation of this section to the same extent as such criminal + penalties apply to a violation described in section 5322, if + the violation of this section consists of the misuse or + unauthorized disclosure of beneficial ownership information. + ``(d) Definitions.--For the purposes of this section: + ``(1) Applicant.--The term `applicant' means any natural + person who files an application to form a corporation or + limited liability company under the laws of a State or Indian + Tribe. + ``(2) Bank secrecy act.--The term `Bank Secrecy Act' + means-- + ``(A) section 21 of the Federal Deposit Insurance + Act; + ``(B) chapter 2 of title I of Public Law 91-508; + and + ``(C) this subchapter. + ``(3) Beneficial owner.-- + ``(A) In general.--Except as provided in + subparagraph (B), the term `beneficial owner' means a + natural person who, directly or indirectly, through any + contract, arrangement, understanding, relationship, or + otherwise-- + ``(i) exercises substantial control over a + corporation or limited liability company; + ``(ii) owns 25 percent or more of the + equity interests of a corporation or limited + liability company; or + ``(iii) receives substantial economic + benefits from the assets of a corporation or + limited liability company. + ``(B) Exceptions.--The term `beneficial owner' + shall not include-- + ``(i) a minor child, as defined in the + State or Indian Tribe in which the entity is + formed; + ``(ii) a person acting as a nominee, + intermediary, custodian, or agent on behalf of + another person; + ``(iii) a person acting solely as an + employee of a corporation or limited liability + company and whose control over or economic + benefits from the corporation or limited + liability company derives solely from the + employment status of the person; + ``(iv) a person whose only interest in a + corporation or limited liability company is + through a right of inheritance; or + ``(v) a creditor of a corporation or + limited liability company, unless the creditor + also meets the requirements of subparagraph + (A). + ``(C) Substantial economic benefits defined.-- + ``(i) In general.--For purposes of + subparagraph (A)(ii), a natural person receives + substantial economic benefits from the assets + of a corporation or limited liability company + if the person has an entitlement to more than a + specified percentage of the funds or assets of + the corporation or limited liability company, + which the Secretary of the Treasury shall, by + rule, establish. + ``(ii) Rulemaking criteria.--In + establishing the percentage under clause (i), + the Secretary of the Treasury shall seek to-- + ``(I) provide clarity to + corporations and limited liability + companies with respect to the + identification and disclosure of a + natural person who receives substantial + economic benefits from the assets of a + corporation or limited liability + company; and + ``(II) identify those natural + persons who, as a result of the + substantial economic benefits they + receive from the assets of a + corporation or limited liability + company, exercise a dominant influence + over such corporation or limited + liability company. + ``(4) Corporation; limited liability company.--The terms + `corporation' and `limited liability company'-- + ``(A) have the meanings given such terms under the + laws of the applicable State or Indian Tribe; + ``(B) include any non-United States entity eligible + for registration or registered to do business as a + corporation or limited liability company under the laws + of the applicable State or Indian Tribe; + ``(C) do not include any entity that is-- + ``(i) a business concern that is an issuer + of a class of securities registered under + section 12 of the Securities Exchange Act of + 1934 (15 U.S.C. 781) or that is required to + file reports under section 15(d) of that Act + (15 U.S.C. 78o(d)); + ``(ii) a business concern constituted, + sponsored, or chartered by a State or Indian + Tribe, a political subdivision of a State or + Indian Tribe, under an interstate compact + between two or more States, by a department or + agency of the United States, or under the laws + of the United States; + ``(iii) a bank, as defined under-- + ``(I) section 2(a) of the + Investment Company Act of 1940 (15 + U.S.C. 80a-2(a)); or + ``(II) section 202(a) of the + Investment Advisers Act of 1940 (15 + U.S.C. 80b-2(a)); + ``(iv) a credit union (as defined in + section 101 of the Federal Credit Union Act (12 + U.S.C. 1752)); + ``(v) a bank holding company (as defined in + section 2 of the Bank Holding Company Act of + 1956 (12 U.S.C. 1841)) or a savings and loan + holding company (as defined in section 10(a) of + the Home Owners' Loan Act (12 U.S.C. 1467a(a)); + ``(vi) a broker or dealer (as defined in + section 3 of the Securities Exchange Act of + 1934 (15 U.S.C. 78c)) that is registered under + section 15 of the Securities Exchange Act of + 1934 (15 U.S.C. 78o); + ``(vii) an exchange or clearing agency (as + defined in section 3 of the Securities Exchange + Act of 1934 (15 U.S.C. 78c)) that is registered + under section 6 or 17A of the Securities + Exchange Act of 1934 (15 U.S.C. 78f and 78q-1); + ``(viii) an investment company (as defined + in section 3 of the Investment Company Act of + 1940 (15 U.S.C. 80a-3)) or an investment + adviser (as defined in section 202(11) of the + Investment Advisers Act of 1940 (15 U.S.C. 80b- + 2(11))), if the company or adviser is + registered with the Securities and Exchange + Commission, has filed an application for + registration which has not been denied, under + the Investment Company Act of 1940 (15 U.S.C. + 80a-1 et seq.) or the Investment Adviser Act of + 1940 (15 U.S.C. 80b-1 et seq.), or is an + investment adviser described under section + 203(l) of the Investment Advisers Act of 1940 + (15 U.S.C. 80b-3(l)); + ``(ix) an insurance company (as defined in + section 2 of the Investment Company Act of 1940 + (15 U.S.C. 80a-2)); + ``(x) a registered entity (as defined in + section 1a of the Commodity Exchange Act (7 + U.S.C. 1a)), or a futures commission merchant, + introducing broker, commodity pool operator, or + commodity trading advisor (as defined in + section 1a of the Commodity Exchange Act (7 + U.S.C. 1a)) that is registered with the + Commodity Futures Trading Commission; + ``(xi) a public accounting firm registered + in accordance with section 102 of the Sarbanes- + Oxley Act (15 U.S.C. 7212) or an entity + controlling, controlled by, or under common + control of such a firm; + ``(xii) a public utility that provides + telecommunications service, electrical power, + natural gas, or water and sewer services, + within the United States; + ``(xiii) a church, charity, nonprofit + entity, or other organization that is described + in section 501(c), 527, or 4947(a)(1) of the + Internal Revenue Code of 1986, that has not + been denied tax exempt status, and that has + filed the most recently due annual information + return with the Internal Revenue Service, if + required to file such a return; + ``(xiv) a financial market utility + designated by the Financial Stability Oversight + Council under section 804 of the Dodd-Frank + Wall Street Reform and Consumer Protection Act; + ``(xv) an insurance producer (as defined in + section 334 of the Gramm-Leach-Bliley Act); + ``(xvi) any pooled investment vehicle that + is operated or advised by a person described in + clause (iii), (iv), (v), (vi), (viii), (ix), or + (xi); + ``(xvii) any business concern that-- + ``(I) employs more than 20 + employees on a full-time basis in the + United States; + ``(II) files income tax returns in + the United States demonstrating more + than $5,000,000 in gross receipts or + sales; and + ``(III) has an operating presence + at a physical office within the United + States; or + ``(xviii) any corporation or limited + liability company formed and owned by an entity + described in this clause or in clause (i), + (ii), (iii), (iv), (v), (vi), (vii), (viii), + (ix), (x), (xi), (xii), (xiii), (xiv), (xv), or + (xvi); and + ``(D) do not include any individual business + concern or class of business concerns which the + Secretary of the Treasury and the Attorney General of + the United States have jointly determined, by rule of + otherwise, to be exempt from the requirements of + subsection (a), if the Secretary and the Attorney + General jointly determine that requiring beneficial + ownership information from the business concern would + not serve the public interest and would not assist law + enforcement efforts to detect, prevent, or prosecute + terrorism, money laundering, tax evasion, or other + misconduct. + ``(5) Fincen.--The term `FinCEN' means the Financial Crimes + Enforcement Network of the Department of the Treasury. + ``(6) Indian country.--The term `Indian country' has the + meaning given that term in section 1151 of title 18. + ``(7) Indian tribe.--The term `Indian Tribe' has the + meaning given that term under section 102 of the Federally + Recognized Indian Tribe List Act of 1994. + ``(8) Personal identification card.--The term `personal + identification card' means an identification document issued by + a State, Indian Tribe, or local government to an individual + solely for the purpose of identification of that individual. + ``(9) State.--The term `State' means any State, + commonwealth, territory, or possession of the United States, + the District of Columbia, the Commonwealth of Puerto Rico, the + Commonwealth of the Northern Mariana Islands, American Samoa, + Guam, or the United States Virgin Islands.''. + (2) Rulemaking.-- + (A) In general.--Not later than 1 year after the + date of enactment of this Act, the Secretary of the + Treasury shall issue regulations to carry out this + division and the amendments made by this division, + including, to the extent necessary, to clarify the + definitions in section 5333(d) of title 31, United + States Code. + (B) Revision of final rule.--Not later than 1 year + after the date of enactment of this Act, the Secretary + of the Treasury shall revise the final rule titled + ``Customer Due Diligence Requirements for Financial + Institutions'' (May 11, 2016; 81 Fed. Reg. 29397) to-- + (i) bring the rule into conformance with + this division and the amendments made by this + division; + (ii) account for financial institutions' + access to comprehensive beneficial ownership + information filed by corporations and limited + liability companies, under threat of civil and + criminal penalties, under this division and the + amendments made by this division; and + (iii) reduce any burdens on financial + institutions that are, in light of the + enactment of this division and the amendments + made by this division, unnecessary or + duplicative. + (3) Conforming amendments.--Title 31, United States Code, + is amended-- + (A) in section 5321(a)-- + (i) in paragraph (1), by striking + ``sections 5314 and 5315'' each place it + appears and inserting ``sections 5314, 5315, + and 5333''; and + (ii) in paragraph (6), by inserting + ``(except section 5333)'' after ``subchapter'' + each place it appears; and + (B) in section 5322, by striking ``section 5315 or + 5324'' each place it appears and inserting ``section + 5315, 5324, or 5333''. + (4) Table of contents.--The table of contents of chapter 53 + of title 31, United States Code, is amended by inserting after + the item relating to section 5332 the following: + +``5333. Transparent incorporation practices.''. + (b) Authorization of Appropriations.--There is authorized to be +appropriated $20,000,000 for each of fiscal years 2021 and 2022 to the +Financial Crimes Enforcement Network to carry out this division and the +amendments made by this division. + (c) Federal Contractors.--Not later than the first day of the first +full fiscal year beginning at least 1 year after the date of the +enactment of this Act, the Administrator for Federal Procurement Policy +shall revise the Federal Acquisition Regulation maintained under +section 1303(a)(1) of title 41, United States Code, to require any +contractor or subcontractor who is subject to the requirement to +disclose beneficial ownership information under section 5333 of title +31, United States Code, to provide the information required to be +disclosed under such section to the Federal Government as part of any +bid or proposal for a contract with a value threshold in excess of the +simplified acquisition threshold under section 134 of title 41, United +States Code. + +SEC. 6004. STUDIES AND REPORTS. + + (a) Updating of Beneficial Ownership Information.-- + (1) Study.--The Secretary of the Treasury, in consultation + with the Attorney General of the United States, shall conduct a + study to evaluate-- + (A) the necessity of a requirement for corporations + and limited liability companies to update the list of + their beneficial owners within a specified amount of + time after the date of any change in the list of + beneficial owners or the information required to be + provided relating to each beneficial owner, taking into + account the annual filings required under section + 5333(a)(1)(B)(i) of title 31, United States Code, and + the information contained in such annual filings; and + (B) the burden that a requirement to update the + list of beneficial owners within a specified period of + time after a change in such list of beneficial owners + would impose on corporations and limited liability + companies. + (2) Report.--Not later than 1 year after the date of + enactment of this Act, the Secretary of the Treasury shall + submit a report on the study required under paragraph (1) to + the Committee on Financial Services of the House of + Representatives and the Committee on Banking, Housing, and + Urban Affairs of the Senate. + (3) Public comment.--The Secretary of the Treasury shall + seek and consider public input, comments, and data in order to + conduct the study required under subparagraph paragraph (1). + (b) Other Legal Entities.--Not later than 2 years after the date of +enactment of this Act, the Comptroller General of the United States +shall conduct a study and submit to the Congress a report-- + (1) identifying each State or Indian Tribe that has + procedures that enable persons to form or register under the + laws of the State or Indian Tribe partnerships, trusts, or + other legal entities, and the nature of those procedures; + (2) identifying each State or Indian Tribe that requires + persons seeking to form or register partnerships, trusts, or + other legal entities under the laws of the State or Indian + Tribe to provide information about the beneficial owners (as + that term is defined in section 5333(d)(1) of title 31, United + States Code, as added by this division) or beneficiaries of + such entities, and the nature of the required information; + (3) evaluating whether the lack of available beneficial + ownership information for partnerships, trusts, or other legal + entities-- + (A) raises concerns about the involvement of such + entities in terrorism, money laundering, tax evasion, + securities fraud, or other misconduct; + (B) has impeded investigations into entities + suspected of such misconduct; and + (C) increases the costs to financial institutions + of complying with due diligence requirements imposed + under the Bank Secrecy Act, the USA PATRIOT Act, or + other applicable Federal, State, or Tribal law; and + (4) evaluating whether the failure of the United States to + require beneficial ownership information for partnerships and + trusts formed or registered in the United States has elicited + international criticism and what steps, if any, the United + States has taken or is planning to take in response. + (c) Effectiveness of Incorporation Practices.--Not later than 5 +years after the date of enactment of this Act, the Comptroller General +of the United States shall conduct a study and submit to the Congress a +report assessing the effectiveness of incorporation practices +implemented under this division and the amendments made by this +division in-- + (1) providing law enforcement agencies with prompt access + to reliable, useful, and complete beneficial ownership + information; and + (2) strengthening the capability of law enforcement + agencies to combat incorporation abuses, civil and criminal + misconduct, and detect, prevent, or punish terrorism, money + laundering, tax evasion, or other misconduct. + (d) Annual Report on Beneficial Ownership Information.-- + (1) Report.--The Secretary of the Treasury shall issue an + annual report to the Committee on Financial Services of the + House of Representatives and the Committee on Banking, Housing, + and Urban Affairs of the Senate with respect to the beneficial + ownership information collected pursuant to section 5333 of + title 31, United States Code, that contains-- + (A) aggregate data on the number of beneficial + owners per reporting corporation or limited liability + company; + (B) the industries or type of business of each + reporting corporation or limited liability company; and + (C) the locations of the beneficial owners. + (2) Privacy.--In issuing reports under paragraph (1), the + Secretary shall not reveal the identities of beneficial owners + or names of the reporting corporations or limited liability + companies. + +SEC. 6005. DEFINITIONS. + + In this division, the terms ``Bank Secrecy Act'', ``beneficial +owner'', ``corporation'', and ``limited liability company'' have the +meaning given those terms, respectively, under section 5333(d) of title +31, United States Code. + + DIVISION G--COUNTER ACT OF 2019 + +SEC. 7001. SHORT TITLE. + + This division may be cited as the ``Coordinating Oversight, +Upgrading and Innovating Technology, and Examiner Reform Act of 2019'' +or the ``COUNTER Act of 2019''. + +SEC. 7002. BANK SECRECY ACT DEFINITION. + + Section 5312(a) of title 31, United States Code, is amended by +adding at the end the following: + ``(7) Bank secrecy act.--The term `Bank Secrecy Act' + means-- + ``(A) section 21 of the Federal Deposit Insurance + Act; + ``(B) chapter 2 of title I of Public Law 91-508; + and + ``(C) this subchapter.''. + + TITLE I--STRENGTHENING TREASURY + +SEC. 7101. IMPROVING THE DEFINITION AND PURPOSE OF THE BANK SECRECY + ACT. + + Section 5311 of title 31, United States Code, is amended-- + (1) by inserting ``to protect our national security, to + safeguard the integrity of the international financial system, + and'' before ``to require''; and + (2) by inserting ``to law enforcement and'' before ``in + criminal''. + +SEC. 7102. SPECIAL HIRING AUTHORITY. + + (a) In General.--Section 310 of title 31, United States Code, is +amended-- + (1) by redesignating subsection (d) as subsection (g); and + (2) by inserting after subsection (c) the following: + ``(d) Special Hiring Authority.-- + ``(1) In general.--The Secretary of the Treasury may + appoint, without regard to the provisions of sections 3309 + through 3318 of title 5, candidates directly to positions in + the competitive service (as defined in section 2102 of that + title) in FinCEN. + ``(2) Primary responsibilities.--The primary responsibility + of candidates appointed pursuant to paragraph (1) shall be to + provide substantive support in support of the duties described + in subparagraphs (A), (B), (E), and (F) of subsection + (b)(2).''. + (b) Report.--Not later than 360 days after the date of enactment of +this Act, and every year thereafter for 7 years, the Director of the +Financial Crimes Enforcement Network shall submit a report to the +Committee on Financial Services of the House of Representatives and the +Committee on Banking, Housing, and Urban Affairs of the Senate that +includes-- + (1) the number of new employees hired since the preceding + report through the authorities described under section 310(d) + of title 31, United States Code, along with position titles and + associated pay grades for such hires; and + (2) a copy of any Federal Government survey of staff + perspectives at the Office of Terrorism and Financial + Intelligence, including findings regarding the Office and the + Financial Crimes Enforcement Network from the most recently + administered Federal Employee Viewpoint Survey. + +SEC. 7103. CIVIL LIBERTIES AND PRIVACY OFFICER. + + (a) Appointment of Officers.--Not later than the end of the 3-month +period beginning on the date of enactment of this Act, a Civil +Liberties and Privacy Officer shall be appointed, from among +individuals who are attorneys with expertise in data privacy laws-- + (1) within each Federal functional regulator, by the head + of the Federal functional regulator; + (2) within the Financial Crimes Enforcement Network, by the + Secretary of the Treasury; and + (3) within the Internal Revenue Service Small Business and + Self-Employed Tax Center, by the Secretary of the Treasury. + (b) Duties.--Each Civil Liberties and Privacy Officer shall, with +respect to the applicable regulator, Network, or Center within which +the Officer is located-- + (1) be consulted each time Bank Secrecy Act or anti-money + laundering regulations affecting civil liberties or privacy are + developed or reviewed; + (2) be consulted on information-sharing programs, including + those that provide access to personally identifiable + information; + (3) ensure coordination and clarity between anti-money + laundering, civil liberties, and privacy regulations; + (4) contribute to the evaluation and regulation of new + technologies that may strengthen data privacy and the + protection of personally identifiable information collected by + each Federal functional regulator; and + (5) develop metrics of program success. + (c) Definitions.--For purposes of this section: + (1) Bank secrecy act.--The term ``Bank Secrecy Act'' has + the meaning given that term under section 5312 of title 31, + United States Code. + (2) Federal functional regulator.--The term ``Federal + functional regulator'' means the Board of Governors of the + Federal Reserve System, the Comptroller of the Currency, the + Federal Deposit Insurance Corporation, the National Credit + Union Administration, the Securities and Exchange Commission, + and the Commodity Futures Trading Commission. + +SEC. 7104. CIVIL LIBERTIES AND PRIVACY COUNCIL. + + (a) Establishment.--There is established the Civil Liberties and +Privacy Council (hereinafter in this section referred to as the +``Council''), which shall consist of the Civil Liberties and Privacy +Officers appointed pursuant to section 7103. + (b) Chair.--The Director of the Financial Crimes Enforcement +Network shall serve as the Chair of the Council. + (c) Duty.--The members of the Council shall coordinate on +activities related to their duties as Civil Liberties Privacy Officers, +but may not supplant the individual agency determinations on civil +liberties and privacy. + (d) Meetings.--The meetings of the Council-- + (1) shall be at the call of the Chair, but in no case may + the Council meet less than quarterly; + (2) may include open and partially closed sessions, as + determined necessary by the Council; and + (3) shall include participation by public and private + entities, law enforcement agencies, and a representative of + State bank supervisors (as defined under section 3 of the + Federal Deposit Insurance Act (12 U.S.C. 1813)). + (e) Report.--The Chair of the Council shall issue an annual report +to the Congress on the program and policy activities, including the +success of programs as measured by metrics of program success developed +pursuant to section 7103(b)(5), of the Council during the previous year +and any legislative recommendations that the Council may have. + (f) Nonapplicability of FACA.--The Federal Advisory Committee Act +(5 U.S.C. App.) shall not apply to the Council. + +SEC. 7105. INTERNATIONAL COORDINATION. + + (a) In General.--The Secretary of the Treasury shall work with the +Secretary's foreign counterparts, including through the Financial +Action Task Force, the International Monetary Fund, the World Bank, the +Egmont Group of Financial Intelligence Units, the Organisation for +Economic Co-operation and Development, and the United Nations, to +promote stronger anti-money laundering frameworks and enforcement of +anti-money laundering laws. + (b) Cooperation Goal.--In carrying out subsection (a), the +Secretary of the Treasury may work directly with foreign counterparts +and other organizations where the goal of cooperation can best be met. + (c) International Monetary Fund.-- + (1) Support for capacity of the international monetary fund + to prevent money laundering and financing of terrorism.--Title + XVI of the International Financial Institutions Act (22 U.S.C. + 262p et seq.) is amended by adding at the end the following: + +``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO + PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM. + + ``The Secretary of the Treasury shall instruct the United States +Executive Director at the International Monetary Fund to support the +increased use of the administrative budget of the Fund for technical +assistance that strengthens the capacity of Fund members to prevent +money laundering and the financing of terrorism.''. + (2) National advisory council report to congress.--The + Chairman of the National Advisory Council on International + Monetary and Financial Policies shall include in the report + required by section 1701 of the International Financial + Institutions Act (22 U.S.C. 262r) a description of-- + (A) the activities of the International Monetary + Fund in the most recently completed fiscal year to + provide technical assistance that strengthens the + capacity of Fund members to prevent money laundering + and the financing of terrorism, and the effectiveness + of the assistance; and + (B) the efficacy of efforts by the United States to + support such technical assistance through the use of + the Fund's administrative budget, and the level of such + support. + (3) Sunset.--Effective on the date that is the end of the + 4-year period beginning on the date of enactment of this Act, + section 1629 of the International Financial Institutions Act, + as added by paragraph (1), is repealed. + +SEC. 7106. TREASURY ATTACHES PROGRAM. + + (a) In General.--Title 31, United States Code, is amended by +inserting after section 315 the following: +``Sec. 316. Treasury Attaches Program + ``(a) In General.--There is established the Treasury Attaches +Program, under which the Secretary of the Treasury shall appoint +employees of the Department of the Treasury, after nomination by the +Director of the Financial Crimes Enforcement Network (`FinCEN'), as a +Treasury attache, who shall-- + ``(1) be knowledgeable about the Bank Secrecy Act and anti- + money laundering issues; + ``(2) be co-located in a United States embassy; + ``(3) perform outreach with respect to Bank Secrecy Act and + anti-money laundering issues; + ``(4) establish and maintain relationships with foreign + counterparts, including employees of ministries of finance, + central banks, and other relevant official entities; + ``(5) conduct outreach to local and foreign financial + institutions and other commercial actors, including-- + ``(A) information exchanges through FinCEN and + FinCEN programs; and + ``(B) soliciting buy-in and cooperation for the + implementation of-- + ``(i) United States and multilateral + sanctions; and + ``(ii) international standards on anti- + money laundering and the countering of the + financing of terrorism; and + ``(6) perform such other actions as the Secretary + determines appropriate. + ``(b) Number of Attaches.--The number of Treasury attaches +appointed under this section at any one time shall be not fewer than 6 +more employees than the number of employees of the Department of the +Treasury serving as Treasury attaches on March 1, 2020. + ``(c) Compensation.--Each Treasury attache appointed under this +section and located at a United States embassy shall receive +compensation at the higher of-- + ``(1) the rate of compensation provided to a Foreign + Service officer at a comparable career level serving at the + same embassy; or + ``(2) the rate of compensation the Treasury attache would + otherwise have received, absent the application of this + subsection. + ``(d) Bank Secrecy Act Defined.--In this section, the term `Bank +Secrecy Act' has the meaning given that term under section 5312.''. + (b) Clerical Amendment.--The table of contents for chapter 3 of +title 31, United States Code, is amended by inserting after the item +relating to section 315 the following: + +``316. Treasury Attaches Program.''. + +SEC. 7107. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL + COOPERATION. + + (a) In General.--There is authorized to be appropriated for each of +fiscal years 2021 through 2025 to the Secretary of the Treasury for +purposes of providing technical assistance that promotes compliance +with international standards and best practices, including in +particular those aimed at the establishment of effective anti-money +laundering and countering the financing of terrorism regimes, in an +amount equal to twice the amount authorized for such purpose for fiscal +year 2020. + (b) Activity and Evaluation Report.--Not later than 360 days after +enactment of this Act, and every year thereafter for 5 years, the +Secretary of the Treasury shall issue a report to the Congress on the +assistance (as described under subsection (a)) of the Office of +Technical Assistance of the Department of the Treasury containing-- + (1) a narrative detailing the strategic goals of the Office + in the previous year, with an explanation of how technical + assistance provided in the previous year advances the goals; + (2) a description of technical assistance provided by the + Office in the previous year, including the objectives and + delivery methods of the assistance; + (3) a list of beneficiaries and providers (other than + Office staff) of the technical assistance; + (4) a description of how technical assistance provided by + the Office complements, duplicates, or otherwise affects or is + affected by technical assistance provided by the international + financial institutions (as defined under section 1701(c) of the + International Financial Institutions Act); and + (5) a copy of any Federal Government survey of staff + perspectives at the Office of Technical Assistance, including + any findings regarding the Office from the most recently + administered Federal Employee Viewpoint Survey. + +SEC. 7108. FINCEN DOMESTIC LIAISONS. + + Section 310 of title 31, United States Code, as amended by section +7102, is further amended by inserting after subsection (d) the +following: + ``(e) FinCEN Domestic Liaisons.-- + ``(1) In general.--The Director of FinCEN shall appoint at + least 6 senior FinCEN employees as FinCEN Domestic Liaisons, + who shall-- + ``(A) each be assigned to focus on a specific + region of the United States; + ``(B) be located at an office in such region (or + co-located at an office of the Board of Governors of + the Federal Reserve System in such region); and + ``(C) perform outreach to BSA officers at financial + institutions (including non-bank financial + institutions) and persons who are not financial + institutions, especially with respect to actions taken + by FinCEN that require specific actions by, or have + specific effects on, such institutions or persons, as + determined by the Director. + ``(2) Definitions.--In this subsection: + ``(A) BSA officer.--The term `BSA officer' means an + employee of a financial institution whose primary job + responsibility involves compliance with the Bank + Secrecy Act, as such term is defined under section + 5312. + ``(B) Financial institution.--The term `financial + institution' has the meaning given that term under + section 5312.''. + +SEC. 7109. FINCEN EXCHANGE. + + Section 310 of title 31, United States Code, as amended by section +7108, is further amended by inserting after subsection (e) the +following: + ``(f) FinCEN Exchange.-- + ``(1) Establishment.--The FinCEN Exchange is hereby + established within FinCEN, which shall consist of the FinCEN + Exchange program of FinCEN in existence on the day before the + date of enactment of this paragraph. + ``(2) Purpose.--The FinCEN Exchange shall facilitate a + voluntary public-private information sharing partnership among + law enforcement, financial institutions, and FinCEN to-- + ``(A) effectively and efficiently combat money + laundering, terrorism financing, organized crime, and + other financial crimes; + ``(B) protect the financial system from illicit + use; and + ``(C) promote national security. + ``(3) Report.-- + ``(A) In general.--Not later than 1 year after the + date of enactment of this subsection, and annually + thereafter for the next 5 years, the Secretary of the + Treasury shall submit to the Committee on Financial + Services of the House of Representatives and the + Committee on Banking, Housing, and Urban Affairs of the + Senate a report containing-- + ``(i) an analysis of the efforts undertaken + by the FinCEN Exchange and the results of such + efforts; + ``(ii) an analysis of the extent and + effectiveness of the FinCEN Exchange, including + any benefits realized by law enforcement from + partnership with financial institutions; and + ``(iii) any legislative, administrative, or + other recommendations the Secretary may have to + strengthen FinCEN Exchange efforts. + ``(B) Classified annex.--Each report under + subparagraph (A) may include a classified annex. + ``(4) Information sharing requirement.--Information shared + pursuant to this subsection shall be shared in compliance with + all other applicable Federal laws and regulations. + ``(5) Rule of construction.--Nothing under this subsection + may be construed to create new information sharing authorities + related to the Bank Secrecy Act (as such term is defined under + section 5312 of title 31, United States Code). + ``(6) Financial institution defined.--In this subsection, + the term `financial institution' has the meaning given that + term under section 5312.''. + +SEC. 7110. STUDY AND STRATEGY ON TRADE-BASED MONEY LAUNDERING. + + (a) Study.--The Secretary of the Treasury shall carry out a study, +in consultation with appropriate private sector stakeholders and +Federal departments and agencies, on trade-based money laundering. + (b) Report.--Not later than the end of the 1-year period beginning +on the date of the enactment of this Act, the Secretary shall issue a +report to the Congress containing-- + (1) all findings and determinations made in carrying out + the study required under subsection (a); and + (2) proposed strategies to combat trade-based money + laundering. + (c) Classified Annex.--The report required under this section may +include a classified annex. + (d) Contracting Authority.--The Secretary may contract with a +private third-party to carry out the study required under this section. +The authority of the Secretary to enter into contracts under this +subsection shall be in effect for each fiscal year only to the extent +and in the amounts as are provided in advance in appropriations Acts. + +SEC. 7111. STUDY AND STRATEGY ON DE-RISKING. + + (a) Review.--The Secretary of the Treasury, in consultation with +appropriate private sector stakeholders, examiners, the Federal +functional regulators (as defined under section 7103), State bank +supervisors, and other relevant stakeholders, shall undertake a formal +review of-- + (1) any adverse consequences of financial institutions de- + risking entire categories of relationships, including + charities, embassy accounts, money services businesses (as + defined under section 1010.100(ff) of title 31, Code of Federal + Regulations) and their agents, countries, international and + domestic regions, and respondent banks; + (2) the reasons why financial institutions are engaging in + de-risking; + (3) the association with and effects of de-risking on money + laundering and financial crime actors and activities; + (4) the most appropriate ways to promote financial + inclusion, particularly with respect to developing countries, + while maintaining compliance with the Bank Secrecy Act, + including an assessment of policy options to-- + (A) more effectively tailor Federal actions and + penalties to the size of foreign financial institutions + and any capacity limitations of foreign governments; + and + (B) reduce compliance costs that may lead to the + adverse consequences described in paragraph (1); + (5) formal and informal feedback provided by examiners that + may have led to de-risking; + (6) the relationship between resources dedicated to + compliance and overall sophistication of compliance efforts at + entities that may be experiencing de-risking versus those that + have not experienced de-risking; and + (7) any best practices from the private sector that + facilitate correspondent bank relationships. + (b) De-Risking Strategy.--The Secretary shall develop a strategy to +reduce de-risking and adverse consequences related to de-risking. + (c) Report.--Not later than the end of the 1-year period beginning +on the date of the enactment of this Act, the Secretary, in +consultation with the Federal functional regulators, State bank +supervisors, and other relevant stakeholders, shall issue a report to +the Congress containing-- + (1) all findings and determinations made in carrying out + the study required under subsection (a); and + (2) the strategy developed pursuant to subsection (b). + (d) Definitions.--In this section: + (1) De-risking.--The term ``de-risking'' means the + wholesale closing of accounts or limiting of financial services + for a category of customer due to unsubstantiated risk as it + relates to compliance with the Bank Secrecy Act. + (2) BSA terms.--The terms ``Bank Secrecy Act'' and + ``financial institution'' have the meaning given those terms, + respectively, under section 5312 off title 31, United States + Code. + (3) State bank supervisor.--The term ``State bank + supervisor'' has the meaning given that term under section 3 of + the Federal Deposit Insurance Act (12 U.S.C. 1813). + +SEC. 7112. AML EXAMINATION AUTHORITY DELEGATION STUDY. + + (a) Study.--The Secretary of the Treasury, in consultation with +State bank supervisors (as defined under section 3 of the Federal +Deposit Insurance Act (12 U.S.C. 1813)) and other relevant +stakeholders, shall carry out a study on the Secretary's delegation of +examination authority under the Bank Secrecy Act, including-- + (1) an evaluation of the efficacy of the delegation, + especially with respect to the mission of the Bank Secrecy Act; + (2) whether the delegated agencies have appropriate + resources to perform their delegated responsibilities; and + (3) whether the examiners in delegated agencies have + sufficient training and support to perform their + responsibilities. + (b) Report.--Not later than 1 year after the date of enactment of +this Act, the Secretary of the Treasury shall submit to the Committee +on Financial Services of the House of Representatives and the Committee +on Banking, Housing, and Urban Affairs of the Senate a report +containing-- + (1) all findings and determinations made in carrying out + the study required under subsection (a); and + (2) recommendations to improve the efficacy of delegation + authority, including the potential for de-delegation of any or + all such authority where it may be appropriate. + (c) Bank Secrecy Act Defined.--The term ``Bank Secrecy Act'' has +the meaning given that term under section 5312 of title 31, United +States Code. + +SEC. 7113. STUDY AND STRATEGY ON CHINESE MONEY LAUNDERING. + + (a) Study.--The Secretary of the Treasury shall carry out a study +on the extent and effect of Chinese money laundering activities in the +United States, including territories and possessions of the United +States, and worldwide. + (b) Strategy To Combat Chinese Money Laundering.--Upon the +completion of the study required under subsection (a), the Secretary +shall, in consultation with such other Federal departments and agencies +as the Secretary determines appropriate, develop a strategy to combat +Chinese money laundering activities. + (c) Report.--Not later than the end of the 1-year period beginning +on the date of enactment of this Act, the Secretary of the Treasury +shall issue a report to Congress containing-- + (1) all findings and determinations made in carrying out + the study required under subsection (a); and + (2) the strategy developed under subsection (b). + + TITLE II--IMPROVING AML/CFT OVERSIGHT + +SEC. 7201. PILOT PROGRAM ON SHARING OF SUSPICIOUS ACTIVITY REPORTS + WITHIN A FINANCIAL GROUP. + + (a) In General.-- + (1) Sharing with foreign branches and affiliates.--Section + 5318(g) of title 31, United States Code, is amended by adding + at the end the following: + ``(5) Pilot program on sharing with foreign branches, + subsidiaries, and affiliates.-- + ``(A) In general.--The Secretary of the Treasury + shall issue rules establishing the pilot program + described under subparagraph (B), subject to such + controls and restrictions as the Director of the + Financial Crimes Enforcement Network determines + appropriate, including controls and restrictions + regarding participation by financial institutions and + jurisdictions in the pilot program. In prescribing such + rules, the Secretary shall ensure that the sharing of + information described under such subparagraph (B) is + subject to appropriate standards and requirements + regarding data security and the confidentiality of + personally identifiable information. + ``(B) Pilot program described.--The pilot program + required under this paragraph shall-- + ``(i) permit a financial institution with a + reporting obligation under this subsection to + share reports (and information on such reports) + under this subsection with the institution's + foreign branches, subsidiaries, and affiliates + for the purpose of combating illicit finance + risks, notwithstanding any other provision of + law except subparagraphs (A) and (C); + ``(ii) terminate on the date that is 5 + years after the date of enactment of this + paragraph, except that the Secretary may extend + the pilot program for up to 2 years upon + submitting a report to the Committee on + Financial Services of the House of + Representatives and the Committee on Banking, + Housing, and Urban Affairs of the Senate that + includes-- + ``(I) a certification that the + extension is in the national interest + of the United States, with a detailed + explanation of the reasons therefor; + ``(II) an evaluation of the + usefulness of the pilot program, + including a detailed analysis of any + illicit activity identified or + prevented as a result of the program; + and + ``(III) a detailed legislative + proposal providing for a long-term + extension of the pilot program + activities, including expected + budgetary resources for the activities, + if the Secretary determines that a + long-term extension is appropriate. + ``(C) Prohibition involving certain + jurisdictions.--In issuing the regulations required + under subparagraph (A), the Secretary may not permit a + financial institution to share information on reports + under this subsection with a foreign branch, + subsidiary, or affiliate located in-- + ``(i) the People's Republic of China; + ``(ii) the Russian Federation; or + ``(iii) a jurisdiction that-- + ``(I) is subject to countermeasures + imposed by the Federal Government; + ``(II) is a state sponsor of + terrorism; or + ``(III) the Secretary has + determined cannot reasonably protect + the privacy and confidentiality of such + information or would otherwise use such + information in a manner that is not + consistent with the national interest + of the United States. + ``(D) Implementation updates.--Not later than 360 + days after the date rules are issued under subparagraph + (A), and annually thereafter for 3 years, the + Secretary, or the Secretary's designee, shall brief the + Committee on Financial Services of the House of + Representatives and the Committee on Banking, Housing, + and Urban Affairs of the Senate on-- + ``(i) the degree of any information sharing + permitted under the pilot program, and a + description of criteria used by the Secretary + to evaluate the appropriateness of the + information sharing; + ``(ii) the effectiveness of the pilot + program in identifying or preventing the + violation of a United States law or regulation, + and mechanisms that may improve such + effectiveness; and + ``(iii) any recommendations to amend the + design of the pilot program. + ``(E) Rule of construction.--Nothing in this + paragraph shall be construed as limiting the + Secretary's authority under provisions of law other + than this paragraph to establish other permissible + purposes or methods for a financial institution sharing + reports (and information on such reports) under this + subsection with the institution's foreign headquarters + or with other branches of the same institution. + ``(F) Notice of use of other authority.--If the + Secretary, pursuant to any authority other than that + provided under this paragraph, permits a financial + institution to share information on reports under this + subsection with a foreign branch, subsidiary, or + affiliate located in a foreign jurisdiction, the + Secretary shall notify the Committee on Financial + Services of the House of Representatives and the + Committee on Banking, Housing, and Urban Affairs of + such permission and the applicable foreign + jurisdiction. + ``(6) Treatment of foreign jurisdiction-originated + reports.--A report received by a financial institution from a + foreign affiliate with respect to a suspicious transaction + relevant to a possible violation of law or regulation shall be + subject to the same confidentiality requirements provided under + this subsection for a report of a suspicious transaction + described under paragraph (1).''. + (2) Notification prohibitions.--Section 5318(g)(2)(A) of + title 31, United States Code, is amended-- + (A) in clause (i), by inserting after ``transaction + has been reported'' the following: ``or otherwise + reveal any information that would reveal that the + transaction has been reported''; and + (B) in clause (ii), by inserting after + ``transaction has been reported,'' the following: ``or + otherwise reveal any information that would reveal that + the transaction has been reported,''. + (b) Rulemaking.--Not later than the end of the 360-day period +beginning on the date of enactment of this Act, the Secretary of the +Treasury shall issue regulations to carry out the amendments made by +this section. + +SEC. 7202. SHARING OF COMPLIANCE RESOURCES. + + (a) In General.--Section 5318 of title 31, United States Code, is +amended by adding at the end the following: + ``(o) Sharing of Compliance Resources.-- + ``(1) Sharing permitted.--Two or more financial + institutions may enter into collaborative arrangements in order + to more efficiently comply with the requirements of this + subchapter. + ``(2) Outreach.--The Secretary of the Treasury and the + appropriate supervising agencies shall carry out an outreach + program to provide financial institutions with information, + including best practices, with respect to the sharing of + resources described under paragraph (1).''. + (b) Rule of Construction.--The amendment made by subsection (a) may +not be construed to require financial institutions to share resources. + +SEC. 7203. GAO STUDY ON FEEDBACK LOOPS. + + (a) Study.--The Comptroller General of the United States shall +carry out a study on-- + (1) best practices within the United States Government for + providing feedback (``feedback loop'') to relevant parties + (including regulated private entities) on the usage and + usefulness of personally identifiable information (``PII''), + sensitive-but-unclassified (``SBU'') data, or similar + information provided by such parties to Government users of + such information and data (including law enforcement or + regulators); and + (2) any practices or standards inside or outside the United + States for providing feedback through sensitive information and + public-private partnership information sharing efforts, + specifically related to efforts to combat money laundering and + other forms of illicit finance. + (b) Report.--Not later than the end of the 18-month period +beginning on the date of the enactment of this Act, the Comptroller +General shall issue a report to the Committee on Banking, Housing, and +Urban Affairs of the Senate and the Committee on Financial Services of +the House of Representatives containing-- + (1) all findings and determinations made in carrying out + the study required under subsection (a); + (2) with respect to each of paragraphs (1) and (2) of + subsection (a), any best practices or significant concerns + identified by the Comptroller General, and their applicability + to public-private partnerships and feedback loops with respect + to United States efforts to combat money laundering and other + forms of illicit finance; and + (3) recommendations to reduce or eliminate any unnecessary + Government collection of the information described under + subsection (a)(1). + +SEC. 7204. FINCEN STUDY ON BSA VALUE. + + (a) Study.--The Director of the Financial Crimes Enforcement +Network shall carry out a study on Bank Secrecy Act value. + (b) Report.--Not later than the end of the 30-day period beginning +on the date the study under subsection (a) is completed, the Director +shall issue a report to the Committee on Financial Services of the +House of Representatives and the Committee on Banking, Housing, and +Urban Affairs of the Senate containing all findings and determinations +made in carrying out the study required under this section. + (c) Classified Annex.--The report required under this section may +include a classified annex, if the Director determines it appropriate. + (d) Bank Secrecy Act Defined.--For purposes of this section, the +term ``Bank Secrecy Act'' has the meaning given that term under section +5312 of title 31, United States Code. + +SEC. 7205. SHARING OF THREAT PATTERN AND TREND INFORMATION. + + Section 5318(g) of title 31, United States Code, as amended by +section 7201(a)(1), is further amended by adding at the end the +following: + ``(7) Sharing of threat pattern and trend information.-- + ``(A) SAR activity review.--The Director of the + Financial Crimes Enforcement Network shall restart + publication of the `SAR Activity Review - Trends, Tips + & Issues', on not less than a semi-annual basis, to + provide meaningful information about the preparation, + use, and value of reports filed under this subsection + by financial institutions, as well as other reports + filed by financial institutions under the Bank Secrecy + Act. + ``(B) Inclusion of typologies.--In each publication + described under subparagraph (A), the Director shall + provide financial institutions with typologies, + including data that can be adapted in algorithms + (including for artificial intelligence and machine + learning programs) where appropriate, on emerging money + laundering and counter terror financing threat patterns + and trends. + ``(C) Typology defined.--For purposes of this + paragraph, the term `typology' means the various + techniques used to launder money or finance + terrorism.''. + +SEC. 7206. MODERNIZATION AND UPGRADING WHISTLEBLOWER PROTECTIONS. + + (a) Rewards.--Section 5323(d) of title 31, United States Code, is +amended to read as follows: + ``(d) Source of Rewards.--For the purposes of paying a reward under +this section, the Secretary may, subject to amounts made available in +advance by appropriation Acts, use criminal fine, civil penalty, or +forfeiture amounts recovered based on the original information with +respect to which the reward is being paid.''. + (b) Whistleblower Incentives.--Chapter 53 of title 31, United +States Code, is amended-- + (1) by inserting after section 5323 the following: +``Sec. 5323A. Whistleblower incentives + ``(a) Definitions.--In this section: + ``(1) Covered judicial or administrative action.--The term + `covered judicial or administrative action' means any judicial + or administrative action brought by FinCEN under the Bank + Secrecy Act that results in monetary sanctions exceeding + $1,000,000. + ``(2) FinCEN.--The term `FinCEN' means the Financial Crimes + Enforcement Network. + ``(3) Monetary sanctions.--The term `monetary sanctions', + when used with respect to any judicial or administrative + action, means-- + ``(A) any monies, including penalties, + disgorgement, and interest, ordered to be paid; and + ``(B) any monies deposited into a disgorgement fund + as a result of such action or any settlement of such + action. + ``(4) Original information.--The term `original + information' means information that-- + ``(A) is derived from the independent knowledge or + analysis of a whistleblower; + ``(B) is not known to FinCEN from any other source, + unless the whistleblower is the original source of the + information; and + ``(C) is not exclusively derived from an allegation + made in a judicial or administrative hearing, in a + governmental report, hearing, audit, or investigation, + or from the news media, unless the whistleblower is a + source of the information. + ``(5) Related action.--The term `related action', when used + with respect to any judicial or administrative action brought + by FinCEN, means any judicial or administrative action that is + based upon original information provided by a whistleblower + that led to the successful enforcement of the action. + ``(6) Secretary.--The term `Secretary' means the Secretary + of the Treasury. + ``(7) Whistleblower.--The term `whistleblower' means any + individual who provides, or 2 or more individuals acting + jointly who provide, information relating to a violation of + laws enforced by FinCEN, in a manner established, by rule or + regulation, by FinCEN. + ``(b) Awards.-- + ``(1) In general.--In any covered judicial or + administrative action, or related action, the Secretary, under + such rules as the Secretary may issue and subject to subsection + (c), shall pay an award or awards to 1 or more whistleblowers + who voluntarily provided original information to FinCEN that + led to the successful enforcement of the covered judicial or + administrative action, or related action, in an aggregate + amount equal to not more than 30 percent, in total, of what has + been collected of the monetary sanctions imposed in the action. + ``(2) Source of awards.--For the purposes of paying any + award under paragraph (1), the Secretary may, subject to + amounts made available in advance by appropriation Acts, use + monetary sanction amounts recovered based on the original + information with respect to which the award is being paid. + ``(c) Determination of Amount of Award; Denial of Award.-- + ``(1) Determination of amount of award.-- + ``(A) Discretion.--The determination of the amount + of an award made under subsection (b) shall be in the + discretion of the Secretary. + ``(B) Criteria.--In responding to a disclosure and + determining the amount of an award made, FinCEN staff + shall meet with the whistleblower to discuss evidence + disclosed and rebuttals to the disclosure, and shall + take into consideration-- + ``(i) the significance of the information + provided by the whistleblower to the success of + the covered judicial or administrative action; + ``(ii) the degree of assistance provided by + the whistleblower and any legal representative + of the whistleblower in a covered judicial or + administrative action; + ``(iii) the mission of FinCEN in deterring + violations of the law by making awards to + whistleblowers who provide information that + lead to the successful enforcement of such + laws; and + ``(iv) such additional relevant factors as + the Secretary may establish by rule. + ``(2) Denial of award.--No award under subsection (b) shall + be made-- + ``(A) to any whistleblower who is, or was at the + time the whistleblower acquired the original + information submitted to FinCEN, a member, officer, or + employee of-- + ``(i) an appropriate regulatory agency; + ``(ii) the Department of Justice; + ``(iii) a self-regulatory organization; or + ``(iv) a law enforcement organization; + ``(B) to any whistleblower who is convicted of a + criminal violation, or who the Secretary has a + reasonable basis to believe committed a criminal + violation, related to the judicial or administrative + action for which the whistleblower otherwise could + receive an award under this section; + ``(C) to any whistleblower who gains the + information through the performance of an audit of + financial statements required under the Bank Secrecy + Act and for whom such submission would be contrary to + its requirements; or + ``(D) to any whistleblower who fails to submit + information to FinCEN in such form as the Secretary + may, by rule, require. + ``(3) Statement of reasons.--For any decision granting or + denying an award, the Secretary shall provide to the + whistleblower a statement of reasons that includes findings of + fact and conclusions of law for all material issues. + ``(d) Representation.-- + ``(1) Permitted representation.--Any whistleblower who + makes a claim for an award under subsection (b) may be + represented by counsel. + ``(2) Required representation.-- + ``(A) In general.--Any whistleblower who + anonymously makes a claim for an award under subsection + (b) shall be represented by counsel if the + whistleblower anonymously submits the information upon + which the claim is based. + ``(B) Disclosure of identity.--Prior to the payment + of an award, a whistleblower shall disclose their + identity and provide such other information as the + Secretary may require, directly or through counsel for + the whistleblower. + ``(e) Appeals.--Any determination made under this section, +including whether, to whom, or in what amount to make awards, shall be +in the discretion of the Secretary. Any such determination, except the +determination of the amount of an award if the award was made in +accordance with subsection (b), may be appealed to the appropriate +court of appeals of the United States not more than 30 days after the +determination is issued by the Secretary. The court shall review the +determination made by the Secretary in accordance with section 706 of +title 5. + ``(f) Employee Protections.--The Secretary of the Treasury shall +issue regulations protecting a whistleblower from retaliation, which +shall be as close as practicable to the employee protections provided +for under section 1057 of the Consumer Financial Protection Act of +2010.''; and + (2) in the table of contents for such chapter, by inserting + after the item relating to section 5323 the following new item: + +``5323A. Whistleblower incentives.''. + +SEC. 7207. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF UNITED + STATES FINANCIAL INSTITUTIONS. + + Section 5321 of title 31, United States Code, is amended by adding +at the end the following: + ``(f) Certain Violators Barred From Serving on Boards of United +States Financial Institutions.-- + ``(1) In general.--An individual found to have committed an + egregious violation of a provision of (or rule issued under) + the Bank Secrecy Act shall be barred from serving on the board + of directors of a United States financial institution for a 10- + year period beginning on the date of such finding. + ``(2) Egregious violation defined.--With respect to an + individual, the term `egregious violation' means-- + ``(A) a felony criminal violation for which the + individual was convicted; and + ``(B) a civil violation where the individual + willfully committed such violation and the violation + facilitated money laundering or the financing of + terrorism.''. + +SEC. 7208. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT VIOLATORS. + + (a) In General.--Section 5321 of title 31, United States Code, as +amended by section 7208, is further amended by adding at the end the +following: + ``(g) Additional Damages for Repeat Violators.--In addition to any +other fines permitted by this section and section 5322, with respect to +a person who has previously been convicted of a criminal provision of +(or rule issued under) the Bank Secrecy Act or who has admitted, as +part of a deferred- or non-prosecution agreement, to having previously +committed a violation of a criminal provision of (or rule issued under) +the Bank Secrecy Act, the Secretary may impose an additional civil +penalty against such person for each additional such violation in an +amount equal to up three times the profit gained or loss avoided by +such person as a result of the violation.''. + (b) Prospective Application of Amendment.--For purposes of +determining whether a person has committed a previous violation under +section 5321(g) of title 31, United States Code, such determination +shall only include violations occurring after the date of enactment of +this Act. + +SEC. 7209. JUSTICE ANNUAL REPORT ON DEFERRED AND NON-PROSECUTION + AGREEMENTS. + + (a) Annual Report.--The Attorney General shall issue an annual +report, every year for the 5 years beginning on the date of enactment +of this Act, to the Committees on Financial Services and the Judiciary +of the House of Representatives and the Committees on Banking, Housing, +and Urban Affairs and the Judiciary of the Senate containing-- + (1) a list of deferred prosecution agreements and non- + prosecution agreements that the Attorney General has entered + into during the previous year with any person with respect to a + violation or suspected violation of the Bank Secrecy Act; + (2) the justification for entering into each such + agreement; + (3) the list of factors that were taken into account in + determining that the Attorney General should enter into each + such agreement; and + (4) the extent of coordination the Attorney General + conducted with the Financial Crimes Enforcement Network prior + to entering into each such agreement. + (b) Classified Annex.--Each report under subsection (a) may include +a classified annex. + (c) Bank Secrecy Act Defined.--For purposes of this section, the +term ``Bank Secrecy Act'' has the meaning given that term under section +5312 of title 31, United States Code. + +SEC. 7210. RETURN OF PROFITS AND BONUSES. + + (a) In General.--Section 5322 of title 31, United States Code, is +amended by adding at the end the following: + ``(e) Return of Profits and Bonuses.--A person convicted of +violating a provision of (or rule issued under) the Bank Secrecy Act +shall-- + ``(1) in addition to any other fine under this section, be + fined in an amount equal to the profit gained by such person by + reason of such violation, as determined by the court; and + ``(2) if such person is an individual who was a partner, + director, officer, or employee of a financial institution at + the time the violation occurred, repay to such financial + institution any bonus paid to such individual during the + Federal fiscal year in which the violation occurred or the + Federal fiscal year after which the violation occurred.''. + (b) Rule of Construction.--The amendment made by subsection (a) may +not be construed to prohibit a financial institution from requiring the +repayment of a bonus paid to a partner, director, officer, or employee +if the financial institution determines that the partner, director, +officer, or employee engaged in unethical, but non-criminal, +activities. + +SEC. 7211. APPLICATION OF BANK SECRECY ACT TO DEALERS IN ANTIQUITIES. + + (a) In General.--Section 5312(a)(2) of title 31, United States +Code, is amended-- + (1) in subparagraph (Y), by striking ``or'' at the end; + (2) by redesignating subparagraph (Z) as subparagraph (AA); + and + (3) by inserting after subsection (Y) the following: + ``(Z) a person trading or acting as an intermediary + in the trade of antiquities, including an advisor, + consultant or any other person who engages as a + business in the solicitation of the sale of + antiquities; or''. + (b) Study on the Facilitation of Money Laundering and Terror +Finance Through the Trade of Works of Art or Antiquities.-- + (1) Study.--The Secretary of the Treasury, in coordination + with Federal Bureau of Investigation, the Attorney General, and + Homeland Security Investigations, shall perform a study on the + facilitation of money laundering and terror finance through the + trade of works of art or antiquities, including an analysis + of-- + (A) the extent to which the facilitation of money + laundering and terror finance through the trade of + works of art or antiquities may enter or affect the + financial system of the United States, including any + qualitative data or statistics; + (B) whether thresholds and definitions should apply + in determining which entities to regulate; + (C) an evaluation of which markets, by size, entity + type, domestic or international geographical locations, + or otherwise, should be subject to regulations, but + only to the extent such markets are not already + required to report on the trade of works of art or + antiquities to the Federal Government; + (D) an evaluation of whether certain exemptions + should apply; and + (E) any other points of study or analysis the + Secretary determines necessary or appropriate. + (2) Report.--Not later than the end of the 180-day period + beginning on the date of the enactment of this Act, the + Secretary of the Treasury shall issue a report to the Committee + on Financial Services of the House of Representatives and the + Committee on Banking, Housing, and Urban Affairs of the Senate + containing all findings and determinations made in carrying out + the study required under paragraph (1). + (c) Rulemaking.--Not later than the end of the 180-day period +beginning on the date the Secretary issues the report required under +subsection (b)(2), the Secretary shall issue regulations to carry out +the amendments made by subsection (a). + +SEC. 7212. GEOGRAPHIC TARGETING ORDER. + + The Secretary of the Treasury shall issue a geographic targeting +order, similar to the order issued by the Financial Crimes Enforcement +Network on November 15, 2018, that-- + (1) applies to commercial real estate to the same extent, + with the exception of having the same thresholds, as the order + issued by FinCEN on November 15, 2018, applies to residential + real estate; and + (2) establishes a specific threshold for commercial real + estate. + +SEC. 7213. STUDY AND REVISIONS TO CURRENCY TRANSACTION REPORTS AND + SUSPICIOUS ACTIVITY REPORTS. + + (a) Currency Transaction Reports.-- + (1) CTR indexed for inflation.-- + (A) In general.--Every 5 years after the date of + enactment of this Act, the Secretary of the Treasury + shall revise regulations issued with respect to section + 5313 of title 31, United States Code, to update each + $10,000 threshold amount in such regulation to reflect + the change in the Consumer Price Index for All Urban + Consumers published by the Department of Labor, rounded + to the nearest $100. For purposes of calculating the + change described in the previous sentence, the + Secretary shall use $10,000 as the base amount and the + date of enactment of this Act as the base date. + (B) Exception.--Notwithstanding subparagraph (A), + the Secretary may make appropriate adjustments to the + threshold amounts described under subparagraph (A) in + high-risk areas (e.g., High Intensity Financial Crime + Areas or HIFCAs), if the Secretary has demonstrable + evidence that shows a threshold raise would increase + serious crimes, such as trafficking, or endanger + national security. + (2) GAO ctr study.-- + (A) Study.--The Comptroller General of the United + States shall carry out a study of currency transaction + reports. Such study shall include-- + (i) a review (carried out in consultation + with the Secretary of the Treasury, the + Financial Crimes Enforcement Network, the + United States Attorney General, the State + Attorneys General, and State, Tribal, and local + law enforcement) of the effectiveness of the + current currency transaction reporting regime; + (ii) an analysis of the importance of + currency transaction reports to law + enforcement; and + (iii) an analysis of the effects of raising + the currency transaction report threshold. + (B) Report.--Not later than the end of the 1-year + period beginning on the date of enactment of this Act, + the Comptroller General shall issue a report to the + Secretary of the Treasury and the Congress containing-- + (i) all findings and determinations made in + carrying out the study required under + subparagraph (A); and + (ii) recommendations for improving the + current currency transaction reporting regime. + (b) Modified SARs Study and Design.-- + (1) Study.--The Director of the Financial Crimes + Enforcement Network shall carry out a study, in consultation + with industry stakeholders (including money services + businesses, community banks, and credit unions), the Federal + functional regulators, State bank supervisors, and law + enforcement, of the design of a modified suspicious activity + report form for certain customers and activities. Such study + shall include-- + (A) an examination of appropriate optimal SARs + thresholds to determine the level at which a modified + SARs form could be employed; + (B) an evaluation of which customers or + transactions would be appropriate for a modified SAR, + including-- + (i) seasoned business customers; + (ii) financial technology (Fintech) firms; + (iii) structuring transactions; and + (iv) any other customer or transaction that + may be appropriate for a modified SAR; and + (C) an analysis of the most effective methods to + reduce the regulatory burden imposed on financial + institutions in complying with the Bank Secrecy Act, + including an analysis of the effect of-- + (i) modifying thresholds; + (ii) shortening forms; + (iii) combining Bank Secrecy Act forms; + (iv) filing reports in periodic batches; + and + (v) any other method that may reduce the + regulatory burden. + (2) Study considerations.--In carrying out the study + required under paragraph (1), the Director shall seek to + balance law enforcement priorities, regulatory burdens + experienced by financial institutions, and the requirement for + reports to have a ``high degree of usefulness to law + enforcement'' under the Bank Secrecy Act. + (3) Report.--Not later than the end of the 1-year period + beginning on the date of enactment of this Act, the Director + shall issue a report to Congress containing-- + (A) all findings and determinations made in + carrying out the study required under subsection (a); + and + (B) sample designs of modified SARs forms based on + the study results. + (4) Contracting authority.--The Director may contract with + a private third-party to carry out the study required under + this subsection. The authority of the Director to enter into + contracts under this paragraph shall be in effect for each + fiscal year only to the extent and in the amounts as are + provided in advance in appropriations Acts. + (c) Definitions.--For purposes of this section: + (1) Bank secrecy act.--The term ``Bank Secrecy Act'' has + the meaning given that term under section 5312 of title 31, + United States Code. + (2) Federal functional regulator.--The term ``Federal + functional regulator'' has the meaning given that term under + section 7103. + (3) Regulatory burden.--The term ``regulatory burden'' + means the man-hours to complete filings, cost of data + collection and analysis, and other considerations of chapter 35 + of title 44, United States Code (commonly referred to as the + Paperwork Reduction Act). + (4) SAR; suspicious activity report.--The term ``SAR'' and + ``suspicious activity report'' mean a report of a suspicious + transaction under section 5318(g) of title 31, United States + Code. + (5) Seasoned business customer.--The term ``seasoned + business customer'', shall have such meaning as the Secretary + of the Treasury shall prescribe, which shall include any person + that-- + (A) is incorporated or organized under the laws of + the United States or any State, or is registered as, + licensed by, or otherwise eligible to do business + within the United States, a State, or political + subdivision of a State; + (B) has maintained an account with a financial + institution for a length of time as determined by the + Secretary; and + (C) meet such other requirements as the Secretary + may determine necessary or appropriate. + (6) State bank supervisor.--The term ``State bank + supervisor'' has the meaning given that term under section 3 of + the Federal Deposit Insurance Act (12 U.S.C. 1813). + +SEC. 7214. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION REPORTS + AND SUSPICIOUS ACTIVITY REPORTS. + + (a) Review.--The Secretary of the Treasury (in consultation with +Federal law enforcement agencies, the Director of National +Intelligence, the Federal functional regulators, State bank +supervisors, and other relevant stakeholders) shall undertake a formal +review of the current financial institution reporting requirements +under the Bank Secrecy Act and its implementing regulations and propose +changes to further reduce regulatory burdens, and ensure that the +information provided is of a ``high degree of usefulness'' to law +enforcement, as set forth under section 5311 of title 31, United States +Code. + (b) Contents.--The review required under subsection (a) shall +include a study of-- + (1) whether the timeframe for filing a suspicious activity + report should be increased from 30 days; + (2) whether or not currency transaction report and + suspicious activity report thresholds should be tied to + inflation or otherwise periodically be adjusted; + (3) whether the circumstances under which a financial + institution determines whether to file a ``continuing + suspicious activity report'', or the processes followed by a + financial institution in determining whether to file a + ``continuing suspicious activity report'' (or both) can be + narrowed; + (4) analyzing the fields designated as ``critical'' on the + suspicious activity report form and whether the number of + fields should be reduced; + (5) the increased use of exemption provisions to reduce + currency transaction reports that are of little or no value to + law enforcement efforts; + (6) the current financial institution reporting + requirements under the Bank Secrecy Act and its implementing + regulations and guidance; and + (7) such other items as the Secretary determines + appropriate. + (c) Report.--Not later than the end of the 1-year period beginning +on the date of the enactment of this Act, the Secretary of the +Treasury, in consultation with law enforcement and persons subject to +Bank Secrecy Act requirements, shall issue a report to the Congress +containing all findings and determinations made in carrying out the +review required under subsection (a). + (d) Definitions.--For purposes of this section: + (1) Federal functional regulator.--The term ``Federal + functional regulator'' has the meaning given that term under + section 7103. + (2) State bank supervisor.--The term ``State bank + supervisor'' has the meaning given that term under section 3 of + the Federal Deposit Insurance Act (12 U.S.C. 1813). + (3) Other terms.--The terms ``Bank Secrecy Act'' and + ``financial institution'' have the meaning given those terms, + respectively, under section 5312 of title 31, United States + Code. + + TITLE III--MODERNIZING THE AML SYSTEM + +SEC. 7301. ENCOURAGING INNOVATION IN BSA COMPLIANCE. + + Section 5318 of title 31, United States Code, as amended by section +7202, is further amended by adding at the end the following: + ``(p) Encouraging Innovation in Compliance.-- + ``(1) In general.--The Federal functional regulators shall + encourage financial institutions to consider, evaluate, and, + where appropriate, responsibly implement innovative approaches + to meet the requirements of this subchapter, including through + the use of innovation pilot programs. + ``(2) Exemptive relief.--The Secretary, pursuant to + subsection (a), may provide exemptions from the requirements of + this subchapter if the Secretary determines such exemptions are + necessary to facilitate the testing and potential use of new + technologies and other innovations. + ``(3) Rule of construction.--This subsection may not be + construed to require financial institutions to consider, + evaluate, or implement innovative approaches to meet the + requirements of the Bank Secrecy Act. + ``(4) Federal functional regulator defined.--In this + subsection, the term `Federal functional regulator' means the + Board of Governors of the Federal Reserve System, the + Comptroller of the Currency, the Federal Deposit Insurance + Corporation, the National Credit Union Administration, the + Securities and Exchange Commission, and the Commodity Futures + Trading Commission.''. + +SEC. 7302. INNOVATION LABS. + + (a) In General.--Subchapter II of chapter 53 of title 31, United +States Code, is amended by adding at the end the following: +``Sec. 5333. Innovation Labs + ``(a) Establishment.--There is established within the Department of +the Treasury and each Federal functional regulator an Innovation Lab. + ``(b) Director.--The head of each Innovation Lab shall be a +Director, to be appointed by the Secretary of the Treasury or the head +of the Federal functional regulator, as applicable. + ``(c) Duties.--The duties of the Innovation Lab shall be-- + ``(1) to provide outreach to law enforcement agencies, + State bank supervisors, financial institutions, and other + persons (including vendors and technology companies) with + respect to innovation and new technologies that may be used to + comply with the requirements of the Bank Secrecy Act; + ``(2) to support the implementation of responsible + innovation and new technology, in a manner that complies with + the requirements of the Bank Secrecy Act; + ``(3) to explore opportunities for public-private + partnerships; and + ``(4) to develop metrics of success. + ``(d) FinCEN Lab.--The Innovation Lab established under subsection +(a) within the Department of the Treasury shall be a lab within the +Financial Crimes Enforcement Network. + ``(e) Definitions.--In this section: + ``(1) Federal functional regulator.--The term `Federal + functional regulator' means the Board of Governors of the + Federal Reserve System, the Comptroller of the Currency, the + Federal Deposit Insurance Corporation, the National Credit + Union Administration, the Securities and Exchange Commission, + and the Commodity Futures Trading Commission. + ``(2) State bank supervisor.--The term `State bank + supervisor' has the meaning given that term under section 3 of + the Federal Deposit Insurance Act (12 U.S.C. 1813).''. + (b) Clerical Amendment.--The table of contents for subchapter II of +chapter 53 of title 31, United States Code, is amended by adding at the +end the following: + +``5333. Innovation Labs.''. + +SEC. 7303. INNOVATION COUNCIL. + + (a) In General.--Subchapter II of chapter 53 of Title 31, United +States Code, as amended by section 7302, is further amended by adding +at the end the following: +``Sec. 5334. Innovation Council + ``(a) Establishment.--There is established the Innovation Council +(hereinafter in this section referred to as the `Council'), which shall +consist of each Director of an Innovation Lab established under section +5334, a representative of State bank supervisors (as defined under +section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), and +the Director of the Financial Crimes Enforcement Network. + ``(b) Chair.--The Director of the Innovation Lab of the Department +of the Treasury shall serve as the Chair of the Council. + ``(c) Duty.--The members of the Council shall coordinate on +activities related to innovation under the Bank Secrecy Act, but may +not supplant individual agency determinations on innovation. + ``(d) Meetings.--The meetings of the Council-- + ``(1) shall be at the call of the Chair, but in no case may + the Council meet less than semi-annually; + ``(2) may include open and closed sessions, as determined + necessary by the Council; and + ``(3) shall include participation by public and private + entities and law enforcement agencies. + ``(e) Report.--The Council shall issue an annual report, for each +of the 7 years beginning on the date of enactment of this section, to +the Secretary of the Treasury on the activities of the Council during +the previous year, including the success of programs as measured by +metrics of success developed pursuant to section 5334(c)(4), and any +regulatory or legislative recommendations that the Council may have.''. + (b) Clerical Amendment.--The table of contents for subchapter II of +chapter 53 of title 31, United States Code, is amended by adding the +end the following: + +``5334. Innovation Council.''. + +SEC. 7304. TESTING METHODS RULEMAKING. + + (a) In General.--Section 5318 of title 31, United States Code, as +amended by section 7301, is further amended by adding at the end the +following: + ``(q) Testing.-- + ``(1) In general.--The Secretary of the Treasury, in + consultation with the head of each agency to which the + Secretary has delegated duties or powers under subsection (a), + shall issue a rule to specify-- + ``(A) with respect to technology and related + technology-internal processes (`new technology') + designed to facilitate compliance with the Bank Secrecy + Act requirements, the standards by which financial + institutions are to test new technology; and + ``(B) in what instances or under what circumstance + and criteria a financial institution may replace or + terminate legacy technology and processes for any + examinable technology or process without the + replacement or termination being determined an + examination deficiency. + ``(2) Standards.--The standards described under paragraph + (1) may include-- + ``(A) an emphasis on using innovative approaches, + such as machine learning, rather than rules-based + systems; + ``(B) risk-based back-testing of the regime to + facilitate calibration of relevant systems; + ``(C) requirements for appropriate data privacy and + security; and + ``(D) a requirement that the algorithms used by the + regime be disclosed to the Financial Crimes Enforcement + Network, upon request. + ``(3) Confidentiality of algorithms.--If a financial + institution or any director, officer, employee, or agent of any + financial institution, voluntarily or pursuant to this + subsection or any other authority, discloses the institution's + algorithms to a Government agency, such algorithms and any + materials associated with the creation of such algorithms shall + be considered confidential and not subject to public + disclosure.''. + (b) Update of Manual.--The Financial Institutions Examination +Council shall ensure-- + (1) that any manual prepared by the Council is updated to + reflect the rulemaking required by the amendment made by + subsection (a); and + (2) that financial institutions are not penalized for the + decisions based on such rulemaking to replace or terminate + technology used for compliance with the Bank Secrecy Act (as + defined under section 5312 of title 31, United States Code) or + other anti-money laundering laws. + +SEC. 7305. FINCEN STUDY ON USE OF EMERGING TECHNOLOGIES. + + (a) Study.-- + (1) In general.--The Director of the Financial Crimes + Enforcement Network (``FinCEN'') shall carry out a study on-- + (A) the status of implementation and internal use + of emerging technologies, including artificial + intelligence (``AI''), digital identity technologies, + blockchain technologies, and other innovative + technologies within FinCEN; + (B) whether AI, digital identity technologies, + blockchain technologies, and other innovative + technologies can be further leveraged to make FinCEN's + data analysis more efficient and effective; and + (C) how FinCEN could better utilize AI, digital + identity technologies, blockchain technologies, and + other innovative technologies to more actively analyze + and disseminate the information it collects and stores + to provide investigative leads to Federal, State, + Tribal, and local law enforcement, and other Federal + agencies (collective, ``Agencies''), and better support + its ongoing investigations when referring a case to the + Agencies. + (2) Inclusion of gto data.--The study required under this + subsection shall include data collected through the Geographic + Targeting Orders (``GTO'') program. + (3) Consultation.--In conducting the study required under + this subsection, FinCEN shall consult with the Directors of the + Innovations Labs established in section 7302. + (b) Report.--Not later than the end of the 6-month period beginning +on the date of the enactment of this Act, the Director shall issue a +report to the Committee on Banking, Housing, and Urban Affairs of the +Senate and the Committee on Financial Services of the House of +Representatives containing-- + (1) all findings and determinations made in carrying out + the study required under subsection (a); + (2) with respect to each of subparagraphs (A), (B) and (C) + of subsection (a)(1), any best practices or significant + concerns identified by the Director, and their applicability to + AI, digital identity technologies, blockchain technologies, and + other innovative technologies with respect to United States + efforts to combat money laundering and other forms of illicit + finance; and + (3) any policy recommendations that could facilitate and + improve communication and coordination between the private + sector, FinCEN, and Agencies through the implementation of + innovative approaches, in order to meet their Bank Secrecy Act + (as defined under section 5312 of title 31, United States Code) + and anti-money laundering compliance obligations. + +SEC. 7306. DISCRETIONARY SURPLUS FUNDS. + + The dollar amount specified under section 7(a)(3)(A) of the Federal +Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $37,000,000. + + DIVISION H--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020 + +SEC. 101. SHORT TITLE. + + This division may be cited as the ``Elijah E. Cummings Coast Guard +Authorization Act of 2020''. + +SEC. 102. DEFINITION OF COMMANDANT. + + In this division, the term ``Commandant'' means the Commandant of +the Coast Guard. + + TITLE I--AUTHORIZATIONS + +SEC. 8001. AUTHORIZATIONS OF APPROPRIATIONS. + + Section 4902 of title 14, United States Code, is amended-- + (1) in the matter preceding paragraph (1), by striking + ``year 2019'' and inserting ``years 2020 and 2021''; + (2) in paragraph (1)(A), by striking ``provided for, + $7,914,195,000 for fiscal year 2019.'' and inserting ``provided + for-- + ``(i) $8,151,620,850 for fiscal year 2020; and + ``(ii) $8,396,169,475 for fiscal year 2021.''; + (3) in paragraph (1)(B), by striking ``subparagraph (A)--'' + and inserting ``subparagraph (A)(i), $17,035,000 shall be for + environmental compliance and restoration.''; + (4) by striking clauses (i) and (ii) of paragraph (1)(B); + (5) in paragraph (1), by adding at the end the following: + ``(C) Of the amount authorized under subparagraph, (A)(ii) + $17,376,000 shall be for environmental compliance and + restoration.''; + (6) in paragraph (2)-- + (A) by striking ``For the procurement'' and + inserting ``(A) For the procurement''; + (B) by striking ``and equipment, $2,694,745,000 for + fiscal year 2019.'' and inserting ``and equipment-- + ``(i) $2,794,745,000 for fiscal year 2020; and + ``(ii) $3,312,114,000 for fiscal year 2021.''; and + (C) by adding at the end the following: + ``(B) Of the amounts authorized under subparagraph (A), the + following amounts shall be for the alteration of bridges: + ``(i) $10,000,000 for fiscal year 2020; and + ``(ii) $20,000,000 for fiscal year 2021.''; + (7) in paragraph (3), by striking ``and equipment, + $29,141,000 for fiscal year 2019.'' and inserting ``and + equipment-- + ``(A) $13,834,000 for fiscal year 2020; and + ``(B) $14,111,000 for fiscal year 2021.''; and + (8) by adding at the end the following: + ``(4) For the Coast Guard's Medicare-eligible retiree + health care fund contribution to the Department of Defense-- + ``(A) $205,107,000 for fiscal year 2020; and + ``(B) $209,209,000 for fiscal year 2021.''. + +SEC. 8002. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. + + Section 4904 of title 14, United States Code, is amended-- + (1) in subsection (a), by striking ``43,000 for fiscal year + 2018 and 44,500 for fiscal year 2019'' and inserting ``44,500 + for each of fiscal years 2020 and 2021''; and + (2) in subsection (b), by striking ``fiscal years 2018 and + 2019'' and inserting ``fiscal years 2020 and 2021''. + +SEC. 8003. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this division, for the purpose of +complying with the Statutory Pay-As-You-Go Act of 2010, shall be +determined by reference to the latest statement titled ``Budgetary +Effects of PAYGO Legislation'' for this division, submitted for +printing in the Congressional Record by the Chairman of the House +Budget Committee, provided that such statement has been submitted prior +to the vote on passage. + +SEC. 8004. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL + NATIONAL SECURITY CUTTER. + + (a) In General.--Of the amounts authorized to be appropriated by-- + (1) section 4902(2)(A)(i) of title 14, United States Code, + as amended by section 8001 of this division, $100,000,000 for + fiscal year 2020; and + (2) section 4902(2)(A)(ii) of title 14, United States Code, + as amended by section 8001 of this division, $550,000,000 for + fiscal year 2021, +is authorized for the acquisition of a National Security Cutter. + (b) Treatment of Acquired Cutter.--Any cutter acquired using +amounts available pursuant to subsection (a) shall be in addition to +the National Security Cutters approved under the existing acquisition +baseline in the program of record for the National Security Cutter. + +SEC. 8005. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS. + + (a) Funding.--Of the amounts authorized to be appropriated by-- + (1) section 4902(2)(A)(i) of title 14, United States Code, + as amended by section 8001 of this division, $135,000,000 for + fiscal year 2020; and + (2) section 4902(2)(A)(ii) of title 14, United States Code, + as amended by section 8001 of this division, $610,000,000 for + fiscal year 2021, +is authorized for construction of a Polar Security Cutter. + (b) Prohibition on Contracts or Use of Funds for Development of +Common Hull Design.--Notwithstanding any other provision of law, the +Secretary of the department in which the Coast Guard is operating may +not enter into any contract for, and no funds shall be obligated or +expended on, the development of a common hull design for medium Polar +Security Cutters and Great Lakes icebreakers. + +SEC. 8006. SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES + ICEBREAKER. + + (a) Findings.--The Congress finds the following: + (1) The Great Lakes shipping industry is crucial to the + American economy, including the United States manufacturing + base, providing important economic and national security + benefits. + (2) A recent study found that the Great Lakes shipping + industry supports 237,000 jobs and tens of billions of dollars + in economic activity. + (3) United States Coast Guard icebreaking capacity is + crucial to full utilization of the Great Lakes shipping system, + as during the winter icebreaking season up to 15 percent of + annual cargo loads are delivered, and many industries would + have to reduce their production if Coast Guard icebreaking + services were not provided. + (4) Six of the Coast Guard's nine icebreaking cutters in + the Great Lakes are more than 30 years old and are frequently + inoperable during the winter icebreaking season, including + those that have completed a recent service life extension + program. + (5) During the previous 10 winters, Coast Guard Great Lakes + icebreaking cutters have been inoperable for an average of 65 + cutter-days during the winter icebreaking season, with this + annual lost capability exceeding 100 cutter days, with a high + of 246 cutter days during the winter of 2017-2018. + (6) The 2019 ice season provides further proof that current + Coast Guard icebreaking capacity is inadequate for the needs of + the Great Lakes shipping industry, as only six of the nine + icebreaking cutters are operational, and millions of tons of + cargo was not loaded or was delayed due to inadequate Coast + Guard icebreaking assets during a historically average winter + for Great Lakes ice coverage. + (7) The Congress has authorized the Coast Guard to acquire + a new Great Lakes icebreaker as capable as Coast Guard Cutter + Mackinaw (WLBB-30), the most capable Great Lakes icebreaker, + and $10 million has been appropriated to fund the design and + initial acquisition work for this icebreaker. + (8) The Coast Guard has not initiated a new acquisition + program for this Great Lakes icebreaker. + (b) Sense of the Congress.--It is the sense of the Congress of the +United States that a new Coast Guard icebreaker as capable as Coast +Guard Cutter Mackinaw (WLBB-30) is needed on the Great Lakes, and the +Coast Guard should acquire this icebreaker as soon as possible. + +SEC. 8007. PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER. + + (a) In General.--Of the amounts authorized to be appropriated by +section 4902(2)(A)(ii) of title 14, United States Code, as amended by +section 8001 of this division, $160,000,000 for fiscal year 2021 is +authorized for the acquisition of a Great Lakes icebreaker at least as +capable as USCGC Mackinaw (WLBB-30). + (b) Report.--Not later than 30 days after the date of the enactment +of this Act, the Commandant shall submit to the Committee on Commerce, +Science, and Transportation of the Senate and the Committee on +Transportation and Infrastructure of the House of Representatives a +plan for acquiring an icebreaker as required by section 820(b) of the +Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115- +282). + +SEC. 8008. POLAR SECURITY CUTTER ACQUISITION REPORT. + + Not later than 1 year after the date of the enactment of this Act, +the Commandant shall submit to the Committees on Transportation and +Infrastructure and Armed Services of the House of Representatives, and +the Committees on Commerce, Science, and Transportation and Armed +Services of the Senate a report on-- + (1) the extent to which specifications, key drawings, and + detail design for the Polar Security Cutter are complete before + the start of construction; + (2) the extent to which Polar Security Cutter hulls numbers + one, two, and three are science ready; and + (3) what actions will be taken to ensure that Polar + Security Cutter hull number four is science capable, as + described in the National Academies of Sciences, Engineering, + and Medicine's Committee on Polar Icebreaker Cost Assessment + letter report entitled ``Acquisition and Operation of Polar + Icebreakers: Fulfilling the Nation's Needs'' and dated July 11, + 2017. + +SEC. 8009. SHORESIDE INFRASTRUCTURE. + + Of the amounts authorized to be appropriated by section 4902(2)(A) +of title 14, United States Code, as amended by section 8001 of this +division, for each of fiscal years 2020 and 2021, $167,500,000 is +authorized for the Secretary of the department in which the Coast Guard +is operating to fund the acquisition, construction, rebuilding, or +improvement of the Coast Guard shoreside infrastructure and facilities +necessary to support Coast Guard operations and readiness. + +SEC. 8010. MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE. + + Of the amounts authorized to be appropriated by section +4902(2)(A)(ii) of title 14, United States Code, as amended by section +8001 of this division, $105,000,000 is authorized for the hangar +replacement listed in the fiscal year 2020 Unfunded Priority List. + +SEC. 8011. POLAR ICEBREAKERS. + + (a) In General.--Section 561 of title 14, United States Code, is +amended to read as follows: +``Sec. 561. Icebreaking in polar regions + ``(a) Procurement Authority.-- + ``(1) In general.--The Secretary may enter into one or more + contracts for the procurement of-- + ``(A) the Polar Security Cutters approved as part + of a major acquisition program as of November 1, 2019; + and + ``(B) 3 additional Polar Security Cutters. + ``(2) Condition for out-year contract payments.--A contract + entered into under paragraph (1) shall provide that any + obligation of the United States to make a payment under the + contract during a fiscal year after fiscal year 2019 is subject + to the availability of appropriations or funds for that purpose + for such later fiscal year. + ``(b) Planning.--The Secretary shall facilitate planning for the +design, procurement, maintenance, deployment, and operation of +icebreakers as needed to support the statutory missions of the Coast +Guard in the polar regions by allocating all funds to support +icebreaking operations in such regions, except for recurring +incremental costs associated with specific projects, to the Coast +Guard. + ``(c) Reimbursement.--Nothing in this section shall preclude the +Secretary from seeking reimbursement for operation and maintenance +costs of the Polar Star, Healy, or any other Polar Security Cutter from +other Federal agencies and entities, including foreign countries, that +benefit from the use of those vessels. + ``(d) Restriction.-- + ``(1) In general.--The Commandant may not-- + ``(A) transfer, relinquish ownership of, dismantle, + or recycle the Polar Sea or Polar Star; + ``(B) change the current homeport of the Polar Sea + or Polar Star; or + ``(C) expend any funds-- + ``(i) for any expenses directly or + indirectly associated with the decommissioning + of the Polar Sea or Polar Star, including + expenses for dock use or other goods and + services; + ``(ii) for any personnel expenses directly + or indirectly associated with the + decommissioning of the Polar Sea or Polar Star, + including expenses for a decommissioning + officer; + ``(iii) for any expenses associated with a + decommissioning ceremony for the Polar Sea or + Polar Star; + ``(iv) to appoint a decommissioning officer + to be affiliated with the Polar Sea or Polar + Star; or + ``(v) to place the Polar Sea or Polar Star + in inactive status. + ``(2) Sunset.--This subsection shall cease to have effect + on September 30, 2022. + ``(e) Limitation.-- + ``(1) In general.--The Secretary may not expend amounts + appropriated for the Coast Guard for any of fiscal years 2015 + through 2024, for-- + ``(A) design activities related to a capability of + a Polar Security Cutter that is based solely on an + operational requirement of a Federal department or + agency other than the Coast Guard, except for amounts + appropriated for design activities for a fiscal year + before fiscal year 2016; or + ``(B) long-lead-time materials, production, or + postdelivery activities related to such a capability. + ``(2) Other amounts.--Amounts made available to the + Secretary under an agreement with a Federal department or + agency other than the Coast Guard and expended on a capability + of a Polar Security Cutter that is based solely on an + operational requirement of such Federal department or agency + shall not be treated as amounts expended by the Secretary for + purposes of the limitation under paragraph (1). + ``(f) Enhanced Maintenance Program for the Polar Star.-- + ``(1) In general.--Subject to the availability of + appropriations, the Commandant shall conduct an enhanced + maintenance program on the Polar Star to extend the service + life of such vessel until at least December 31, 2025. + ``(2) Authorization of appropriations.--The Commandant may + use funds made available pursuant to section 4902(1)(A), to + carry out this subsection. + ``(g) Definitions.--In this section: + ``(1) Polar sea.--The term `Polar Sea' means Coast Guard + Cutter Polar Sea (WAGB 11). + ``(2) Polar star.--The term `Polar Star' means Coast Guard + Cutter Polar Star (WAGB 10). + ``(3) Healy.--The term `Healy' means Coast Guard Cutter + Healy (WAGB 20).''. + (b) Contracting for Major Acquisitions Programs.--Section 1137(a) +of title 14, United States Code, is amended by inserting ``and 3 Polar +Security Cutters in addition to those approved as part of a major +acquisition program on November 1, 2019'' before the period at the end. + (c) Repeals.-- + (1) Coast guard and maritime transportation act of 2006.-- + Section 210 of the Coast Guard and Maritime Transportation Act + of 2006 (14 U.S.C. 504 note) is repealed. + (2) Coast guard and maritime transportation act of 2012.-- + Section 222 of the Coast Guard and Maritime Transportation Act + of 2012 (Public Law 112-213) is repealed. + (3) Howard coble coast guard and maritime transportation + act of 2014.--Section 505 of the Howard Coble Coast Guard and + Maritime Transportation Act of 2014 (Public Law 113-281) is + repealed. + (4) Frank lobiondo coast guard authorization act of 2018.-- + Section 821 of the Frank LoBiondo Coast Guard Authorization Act + of 2018 (Public Law 115-282) is repealed. + +SEC. 8012. ACQUISITION OF FAST RESPONSE CUTTER. + + (a) In General.--Of the amounts authorized to be appropriated under +section 4902(2)(A)(ii) of title 14, United States Code, as amended by +section 8001 of this division, $265,000,000 for fiscal year 2021 shall +be made available for the acquisition of four Fast Responses Cutters. + (b) Treatment of Acquired Cutters.--Any cutter acquired pursuant to +subsection (a) shall be in addition to the 58 cutters approved under +the existing acquisition baseline. + + TITLE II--COAST GUARD + + Subtitle A--Military Personnel Matters + +SEC. 9101. GRADE ON RETIREMENT. + + (a) Retirement of Commandant or Vice Commandant.--Section 303 of +title 14, United States Code, is amended by adding at the end the +following: + ``(d) Retirement under this section is subject to section 2501(a) +of this title.''. + (b) Retirement.--Section 306 of title 14, United States Code, is +amended-- + (1) in subsection (a), by inserting ``satisfactorily, as + determined under section 2501 of this title'' before the + period; + (2) in subsection (b), by inserting ``satisfactorily, as + determined under section 2501 of this title'' before the + period; and + (3) in subsection (c), by inserting ``if performance of + duties in such grade is determined to have been satisfactory + pursuant to section 2501 of this title'' before the period. + (c) Grade on Retirement.--Section 2501 of title 14, United States +Code, is amended-- + (1) in subsection (a)-- + (A) by striking ``Any commissioned officer, other + than a commissioned warrant officer,'' and inserting + ``Commissioned Officers.-- + ``(1) In general.--A commissioned officer''; + (B) by striking ``him'' and inserting ``the + commissioned officer''; + (C) by striking ``his'' and inserting ``the + commissioned officer's''; and + (D) by adding at the end the following: + ``(2) Conditional determination.--When a commissioned + officer is under investigation for alleged misconduct at the + time of retirement-- + ``(A) the Secretary may conditionally determine the + highest grade of satisfactory service of the + commissioned officer pending completion of the + investigation; and + ``(B) the grade under subparagraph (A) is subject + to resolution under subsection (c)(2).''; + (2) in subsection (b)-- + (A) by inserting ``Warrant Officers.--'' after + ``(b)''; + (B) by striking ``him'' and inserting ``the warrant + officer''; and + (C) by striking ``his'' and inserting ``the warrant + officer's''; and + (3) by adding at the end the following: + ``(c) Retirement in Lower Grade.-- + ``(1) Misconduct in lower grade.--In the case of a + commissioned officer whom the Secretary determines committed + misconduct in a lower grade, the Secretary may determine the + commissioned officer has not served satisfactorily in any grade + equal to or higher than that lower grade. + ``(2) Adverse findings.--A determination of the retired + grade of a commissioned officer shall be resolved following a + conditional determination under subsection (a)(2) if the + investigation of or personnel action against the commissioned + officer results in adverse findings. + ``(3) Recalculation of retired pay.--If the retired grade + of a commissioned officer is reduced pursuant to this + subsection, the retired pay of the commissioned officer shall + be recalculated under chapter 71 of title 10, and any + modification of the retired pay of the commissioned officer + shall go into effect on the effective date of the reduction in + retired grade. + ``(d) Finality of Retired Grade Determinations.-- + ``(1) In general.--Except as provided in paragraph (2), a + determination of the retired grade of a commissioned officer + under this section is administratively final on the day the + commissioned officer is retired, and may not be reopened. + ``(2) Reopening determinations.--A determination of the + retired grade of a commissioned officer may be reopened if-- + ``(A) the retirement or retired grade of the + commissioned officer was procured by fraud; + ``(B) substantial evidence comes to light after the + retirement that could have led to a lower retired grade + under this section and such evidence was known by + competent authority at the time of retirement; + ``(C) a mistake of law or calculation was made in + the determination of the retired grade; + ``(D) in the case of a retired grade following a + conditional determination under subsection (a)(2), the + investigation of or personnel action against the + commissioned officer results in adverse findings; or + ``(E) the Secretary determines, under regulations + prescribed by the Secretary, that good cause exists to + reopen the determination. + ``(3) Requirements.--If a determination of the retired + grade of a commissioned officer is reopened under paragraph + (2), the Secretary-- + ``(A) shall notify the commissioned officer of the + reopening; and + ``(B) may not make an adverse determination on the + retired grade of the commissioned officer until the + commissioned officer has had a reasonable opportunity + to respond regarding the basis of the reopening. + ``(4) Recalculation of retired pay.--If the retired grade + of a commissioned officer is reduced through the reopening of + the commissioned officer's retired grade under paragraph (2), + the retired pay of the commissioned officer shall be + recalculated under chapter 71 of title 10, and any modification + of the retired pay of the commissioned officer shall go into + effect on the effective date of the reduction in retired grade. + ``(e) Inapplicability to Commissioned Warrant Officers.--This +section, including subsection (b), shall not apply to commissioned +warrant officers.''. + +SEC. 9102. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD + CONSIDERATION. + + (a) Eligibility of Officers for Consideration for Promotion.-- +Section 2113 of title 14, United States Code, is amended by adding at +the end the following: + ``(g)(1) Notwithstanding subsection (a), the Commandant may provide +that an officer may, upon the officer's request and with the approval +of the Commandant, be excluded from consideration by a selection board +convened under section 2106. + ``(2) The Commandant shall approve a request under paragraph (1) +only if-- + ``(A) the basis for the request is to allow the officer to + complete a broadening assignment, advanced education, another + assignment of significant value to the Coast Guard, a career + progression requirement delayed by the assignment or education, + or a qualifying personal or professional circumstance, as + determined by the Commandant; + ``(B) the Commandant determines the exclusion from + consideration is in the best interest of the Coast Guard; and + ``(C) the officer has not previously failed of selection + for promotion to the grade for which the officer requests the + exclusion from consideration.''. + (b) Eligibility of Reserve Officer for Promotion.--Section 3743 of +title 14, United States Code, is amended to read as follows: +``Sec. 3743. Eligibility for promotion + ``(a) In General.--Except as provided in subsection (b), a Reserve +officer is eligible for consideration for promotion and for promotion +under this subchapter if that officer is in an active status. + ``(b) Exception.--A Reserve officer who has been considered but not +recommended for retention in an active status by a board convened under +subsection 3752(a) of this title is not eligible for consideration for +promotion. + ``(c) Request for Exclusion.-- + ``(1) In general.--The Commandant may provide that an + officer may, upon the officer's request and with the approval + of the Commandant, be excluded from consideration by a + selection board convened under section 3740(b) of this title to + consider officers for promotion to the next higher grade. + ``(2) Approval of request.--The Commandant shall approve a + request under paragraph (1) only if-- + ``(A) the basis for the request is to allow an + officer to complete a broadening assignment, advanced + education, another assignment of significant value to + the Coast Guard, a career progression requirement + delayed by the assignment or education, or a qualifying + personal or professional circumstance, as determined by + the Commandant; + ``(B) the Commandant determines the exclusion from + consideration is in the best interest of the Coast + Guard; and + ``(C) the officer has not previously failed of + selection for promotion to the grade for which the + officer requests the exclusion from consideration.''. + +SEC. 9103. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES + WITH CRITICAL SKILLS. + + (a) In General.--Subchapter I of chapter 21 of title 14, United +States Code, is amended by adding at the end the following: +``Sec. 2130. Promotion to certain grades for officers with critical + skills: captain, commander, lieutenant commander, + lieutenant + ``(a) In General.--An officer in the grade of lieutenant (junior +grade), lieutenant, lieutenant commander, or commander who is described +in subsection (b) may be temporarily promoted to the grade of +lieutenant, lieutenant commander, commander, or captain under +regulations prescribed by the Secretary. Appointments under this +section shall be made by the President, by and with the advice and +consent of the Senate. + ``(b) Covered Officers.--An officer described in this subsection is +any officer in a grade specified in subsection (a) who-- + ``(1) has a skill in which the Coast Guard has a critical + shortage of personnel (as determined by the Secretary); and + ``(2) is serving in a position (as determined by the + Secretary) that-- + ``(A) is designated to be held by a lieutenant, + lieutenant commander, commander, or captain; and + ``(B) requires that an officer serving in such + position have the skill possessed by such officer. + ``(c) Preservation of Position and Status of Officers Appointed.-- + ``(1) The temporary positions authorized under this section + shall not be counted among or included in the list of positions + on the active duty promotion list. + ``(2) An appointment under this section does not change the + position on the active duty list or the permanent, + probationary, or acting status of the officer so appointed, + prejudice the officer in regard to other promotions or + appointments, or abridge the rights or benefits of the officer. + ``(d) Board Recommendation Required.--A temporary promotion under +this section may be made only upon the recommendation of a board of +officers convened by the Secretary for the purpose of recommending +officers for such promotions. + ``(e) Acceptance and Effective Date of Appointment.--Each +appointment under this section, unless expressly declined, is, without +formal acceptance, regarded as accepted on the date such appointment is +made, and a member so appointed is entitled to the pay and allowances +of the grade of the temporary promotion under this section beginning on +the date the appointment is made. + ``(f) Termination of Appointment.--Unless sooner terminated, an +appointment under this section terminates-- + ``(1) on the date the officer who received the appointment + is promoted to the permanent grade of lieutenant, lieutenant + commander, commander, or captain; + ``(2) on the date the officer is detached from a position + described in subsection (b)(2), unless the officer is on a + promotion list to the permanent grade of lieutenant, lieutenant + commander, commander, or captain, in which case the appointment + terminates on the date the officer is promoted to that grade; + ``(3) when the appointment officer determines that the + officer who received the appointment has engaged in misconduct + or has displayed substandard performance; or + ``(4) when otherwise determined by the Commandant to be in + the best interests of the Coast Guard. + ``(g) Limitation on Number of Eligible Positions.--An appointment +under this section may only be made for service in a position +designated by the Secretary for the purposes of this section. The +number of positions so designated may not exceed the following +percentages of the respective grades: + ``(1) As lieutenant, 0.5 percent. + ``(2) As lieutenant commander, 3.0 percent. + ``(3) As commander, 2.6 percent. + ``(4) As captain, 2.6 percent.''. + (b) Clerical Amendment.--The analysis for subchapter I of chapter +21 of title 14, United States Code, is amended by adding at the end the +following: + +``2130. Promotion to certain grades for officers with critical skills: + captain, commander, lieutenant commander, + lieutenant.''. + +SEC. 9104. CAREER INTERMISSION PROGRAM. + + (a) In General.--Subchapter I of chapter 25 of title 14, United +States Code, is amended by adding at the end the following: +``Sec. 2514. Career flexibility to enhance retention of members + ``(a) Programs Authorized.--The Commandant may carry out a program +under which members of the Coast Guard may be inactivated from active +service in order to meet personal or professional needs and returned to +active service at the end of such period of inactivation from active +service. + ``(b) Period of Inactivation From Active Service; Effect of +Inactivation.-- + ``(1) In general.--The period of inactivation from active + service under a program under this section of a member + participating in the program shall be such period as the + Commandant shall specify in the agreement of the member under + subsection (c), except that such period may not exceed 3 years. + ``(2) Exclusion from years of service.--Any service by a + Reserve officer while participating in a program under this + section shall be excluded from computation of the total years + of service of that officer pursuant to section 14706(a) of + title 10. + ``(3) Exclusion from retirement.--Any period of + participation of a member in a program under this section shall + not count toward-- + ``(A) eligibility for retirement or transfer to the + Ready Reserve under either chapter 841 or 1223 of title + 10; or + ``(B) computation of retired or retainer pay under + chapter 71 or 1223 of title 10. + ``(c) Agreement.--Each member of the Coast Guard who participates +in a program under this section shall enter into a written agreement +with the Commandant under which that member shall agree as follows: + ``(1) To accept an appointment or enlist, as applicable, + and serve in the Coast Guard Ready Reserve during the period of + the inactivation of the member from active service under the + program. + ``(2) To undergo during the period of the inactivation of + the member from active service under the program such inactive + service training as the Commandant shall require in order to + ensure that the member retains proficiency, at a level + determined by the Commandant to be sufficient, in the military + skills, professional qualifications, and physical readiness of + the member during the inactivation of the member from active + service. + ``(3) Following completion of the period of the + inactivation of the member from active service under the + program, to serve 2 months as a member of the Coast Guard on + active service for each month of the period of the inactivation + of the member from active service under the program. + ``(d) Conditions of Release.--The Commandant shall prescribe +regulations specifying the guidelines regarding the conditions of +release that must be considered and addressed in the agreement required +by subsection (c). At a minimum, the Commandant shall prescribe the +procedures and standards to be used to instruct a member on the +obligations to be assumed by the member under paragraph (2) of such +subsection while the member is released from active service. + ``(e) Order to Active Service.--Under regulations prescribed by the +Commandant, a member of the Coast Guard participating in a program +under this section may, in the discretion of the Commandant, be +required to terminate participation in the program and be ordered to +active service. + ``(f) Pay and Allowances.-- + ``(1) Basic pay.--During each month of participation in a + program under this section, a member who participates in the + program shall be paid basic pay in an amount equal to two- + thirtieths of the amount of monthly basic pay to which the + member would otherwise be entitled under section 204 of title + 37 as a member of the uniformed services on active service in + the grade and years of service of the member when the member + commences participation in the program. + ``(2) Special or incentive pay or bonus.-- + ``(A) Prohibition.--A member who participates in + such a program shall not, while participating in the + program, be paid any special or incentive pay or bonus + to which the member is otherwise entitled under an + agreement under chapter 5 of title 37 that is in force + when the member commences participation in the program. + ``(B) Not treated as failure to perform services.-- + The inactivation from active service of a member + participating in a program shall not be treated as a + failure of the member to perform any period of service + required of the member in connection with an agreement + for a special or incentive pay or bonus under chapter 5 + of title 37 that is in force when the member commences + participation in the program. + ``(3) Return to active service.-- + ``(A) Special or incentive pay or bonus.--Subject + to subparagraph (B), upon the return of a member to + active service after completion by the member of + participation in a program-- + ``(i) any agreement entered into by the + member under chapter 5 of title 37 for the + payment of a special or incentive pay or bonus + that was in force when the member commenced + participation in the program shall be revived, + with the term of such agreement after revival + being the period of the agreement remaining to + run when the member commenced participation in + the program; and + ``(ii) any special or incentive pay or + bonus shall be payable to the member in + accordance with the terms of the agreement + concerned for the term specified in clause (i). + ``(B) Limitation.-- + ``(i) In general.--Subparagraph (A) shall + not apply to any special or incentive pay or + bonus otherwise covered by such subparagraph + with respect to a member if, at the time of the + return of the member to active service as + described in that subparagraph-- + ``(I) such pay or bonus is no + longer authorized by law; or + ``(II) the member does not satisfy + eligibility criteria for such pay or + bonus as in effect at the time of the + return of the member to active service. + ``(ii) Pay or bonus ceases being + authorized.--Subparagraph (A) shall cease to + apply to any special or incentive pay or bonus + otherwise covered by such subparagraph with + respect to a member if, during the term of the + revived agreement of the member under + subparagraph (A)(i), such pay or bonus ceases + being authorized by law. + ``(C) Repayment.--A member who is ineligible for + payment of a special or incentive pay or bonus + otherwise covered by this paragraph by reason of + subparagraph (B)(i)(II) shall be subject to the + requirements for repayment of such pay or bonus in + accordance with the terms of the applicable agreement + of the member under chapter 5 of title 37. + ``(D) Required service is additional.--Any service + required of a member under an agreement covered by this + paragraph after the member returns to active service as + described in subparagraph (A) shall be in addition to + any service required of the member under an agreement + under subsection (c). + ``(4) Travel and transportation allowance.-- + ``(A) In general.--Subject to subparagraph (B), a + member who participates in a program is entitled, while + participating in the program, to the travel and + transportation allowances authorized by section 474 of + title 37 for-- + ``(i) travel performed from the residence + of the member, at the time of release from + active service to participate in the program, + to the location in the United States designated + by the member as the member's residence during + the period of participation in the program; and + ``(ii) travel performed to the residence of + the member upon return to active service at the + end of the participation of the member in the + program. + ``(B) Single residence.--An allowance is payable + under this paragraph only with respect to travel of a + member to and from a single residence. + ``(5) Leave balance.--A member who participates in a + program is entitled to carry forward the leave balance existing + as of the day on which the member begins participation and + accumulated in accordance with section 701 of title 10, but not + to exceed 60 days. + ``(g) Promotion.-- + ``(1) Officers.-- + ``(A) In general.--An officer participating in a + program under this section shall not, while + participating in the program, be eligible for + consideration for promotion under chapter 21 or 37 of + this title. + ``(B) Return to service.--Upon the return of an + officer to active service after completion by the + officer of participation in a program-- + ``(i) the Commandant may adjust the date of + rank of the officer in such manner as the + Commandant may prescribe in regulations for + purposes of this section; and + ``(ii) the officer shall be eligible for + consideration for promotion when officers of + the same competitive category, grade, and + seniority are eligible for consideration for + promotion. + ``(2) Enlisted members.--An enlisted member participating + in a program under this section shall not be eligible for + consideration for advancement during the period that-- + ``(A) begins on the date of the inactivation of the + member from active service under the program; and + ``(B) ends at such time after the return of the + member to active service under the program that the + member is treatable as eligible for promotion by reason + of time in grade and such other requirements as the + Commandant shall prescribe in regulations for purposes + of the program. + ``(h) Continued Entitlements.--A member participating in a program +under this section shall, while participating in the program, be +treated as a member of the Armed Forces on active duty for a period of +more than 30 days for purposes of-- + ``(1) the entitlement of the member and of the dependents + of the member to medical and dental care under the provisions + of chapter 55 of title 10; and + ``(2) retirement or separation for physical disability + under the provisions of chapter 61 of title 10 and chapters 21 + and 23 of this title.''. + (b) Clerical Amendment.--The analysis for subchapter I of chapter +25 of title 14, United States Code, is amended by adding at the end the +following: + +``2514. Career flexibility to enhance retention of members.''. + +SEC. 9105. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS WITH CRITICAL + SKILLS. + + (a) In General.--Subchapter II of chapter 37 of title 14, United +States Code, is amended by inserting after section 3738 the following: +``Sec. 3738a. Direct commissioning authority for individuals with + critical skills + ``An individual with critical skills that the Commandant considers +necessary for the Coast Guard to complete its missions who is not +currently serving as an officer in the Coast Guard may be commissioned +into the Coast Guard at a grade up to and including commander.''. + (b) Clerical Amendment.--The analysis for subchapter II of chapter +37 of title 14, United States Code, is amended by inserting after the +item relating to section 3738 the following: + +``3738a. Direct commissioning authority for individuals with critical + skills.''. + (c) Technical Amendment.--The heading for the first chapter of +subtitle III of title 14, United States Code, is amended by striking +``CHAPTER 1'' and inserting ``CHAPTER 37''. + +SEC. 9106. EMPLOYMENT ASSISTANCE. + + (a) In General.--Subchapter I of chapter 27 of title 14, United +States Code, is amended by adding at the end the following: +``Sec. 2713. Employment assistance + ``(a) In General.--In order to improve the accuracy and +completeness of a certification or verification of job skills and +experience required by section 1143(a)(1) of title 10, the Secretary +shall-- + ``(1) establish a database to record all training performed + by members of the Coast Guard that may have application to + employment in the civilian sector; and + ``(2) make unclassified information regarding such + information available to States and other potential employers + referred to in section 1143(c) of title 10 so that States and + other potential employers may allow military training to + satisfy licensing or certification requirements to engage in a + civilian profession. + ``(b) Form of Certification or Verification.--The Secretary shall +ensure that a certification or verification of job skills and +experience required by section 1143(a)(1) of title 10 is rendered in +such a way that States and other potential employers can confirm the +accuracy and authenticity of the certification or verification. + ``(c) Requests by States.--A State may request that the Secretary +confirm the accuracy and authenticity of a certification or +verification of job skills and experience provided under section +1143(c) of title 10.''. + (b) Clerical Amendment.--The analysis for such subchapter is +amended by adding at the end the following: + +``2713. Employment assistance.''. + + Subtitle B--Organization and Management Matters + +SEC. 9201. CONGRESSIONAL AFFAIRS; DIRECTOR. + + (a) In General.--Chapter 3 of title 14, United States Code, is +amended by adding at the end the following: +``Sec. 321. Congressional affairs; Director + ``The Commandant shall appoint a Director of Congressional Affairs +from among officers of the Coast Guard who are in a grade above +captain. The Director of Congressional Affairs is separate and distinct +from the Director of Governmental and Public Affairs for the Coast +Guard and is the principal advisor to the Commandant on all +congressional and legislative matters for the Coast Guard and may have +such additional functions as the Commandant may direct.''. + (b) Clerical Amendment.--The analysis for chapter 3 of title 14, +United States Code, is amended by adding at the end the following: + +``321. Congressional affairs; Director.''. + +SEC. 9202. LIMITATIONS ON CLAIMS. + + (a) Admiralty Claims.--Section 937(a) of title 14, United States +Code, is amended by striking ``$100,000'' and inserting ``$425,000''. + (b) Claims for Damage to Property of the United States.--Section +938 of title 14, United States Code, is amended by striking +``$100,000'' and inserting ``$425,000''. + +SEC. 9203. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY. + + Section 219 of the Coast Guard and Maritime Transportation Act of +2012 (Public Law 112-213; 10 U.S.C. 1293 note) is amended-- + (1) in the matter preceding paragraph (1), by striking + ``For fiscal years 2013 through 2018'' and inserting ``For + fiscal years 2019 through 2025''; and + (2) in paragraph (1), by striking ``subsection (c)(2)(A)'' + and inserting ``subsection (c)(1)''. + +SEC. 9204. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT COSTS. + + Section 5103(e)(3) of title 14, United States Code, is amended-- + (1) by redesignating subparagraphs (B) and (C) as + subparagraphs (C) and (D), respectively; and + (2) by inserting after subparagraph (A) the following: + ``(B) operate and sustain the cutters and aircraft + described in paragraph (2);''. + +SEC. 9205. SUPPORT OF WOMEN SERVING IN THE COAST GUARD. + + (a) Action Plan.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Commandant shall-- + (A) determine which recommendations in the RAND + gender diversity report can practicably be implemented + to promote gender diversity in the Coast Guard; and + (B) submit to the Committee on Transportation and + Infrastructure of the House of Representatives and the + Committee on Commerce, Science, and Transportation of + the Senate a report on the actions the Coast Guard has + taken, or plans to take, to implement such + recommendations. + (2) Curriculum and training.--The Commandant shall update + curriculum and training materials used at-- + (A) officer accession points, including the Coast + Guard Academy and the Leadership Development Center; + (B) enlisted member accession at the United States + Coast Guard Training Center Cape May in Cape May, New + Jersey; and + (C) the officer, enlisted member, and civilian + leadership courses managed by the Leadership + Development Center. + Such updates shall reflect actions the Coast Guard has taken, + or plans to take, to carry out the recommendations of the RAND + gender diversity report. + (3) Definition.--In this subsection, the term ``RAND gender + diversity report'' means the RAND Corporation's Homeland + Security Operational Analysis Center 2019 report entitled + ``Improving Gender Diversity in the U.S. Coast Guard: + Identifying Barriers to Female Retention''. + (b) Advisory Board on Women at the Coast Guard Academy.--Chapter 19 +of title 14, United States Code, is amended-- + (1) by redesignating section 1904 as section 1906; + (2) by inserting after section 1903 the following: +``Sec. 1904. Advisory Board on Women at the Coast Guard Academy + ``(a) In General.--The Superintendent of the Academy shall +establish at the Coast Guard Academy an advisory board to be known as +the Advisory Board on Women at the Coast Guard Academy (referred to in +this section as the `Advisory Board'). + ``(b) Membership.--The Advisory Board shall be composed of not +fewer than 12 current cadets of the Coast Guard Academy, including not +fewer than 3 cadets from each current class. + ``(c) Appointment; Term.--Cadets shall serve on the Advisory Board +pursuant to appointment by the Superintendent of the Academy. +Appointments shall be made not later than 60 days after the date of the +swearing in of a new class of cadets at the Academy. The term of +membership of a cadet on the Advisory Board shall be 1 academic year. + ``(d) Reappointment.--The Superintendent of the Academy may +reappoint not more than 6 cadets from the previous term to serve on the +Advisory Board for an additional academic year if the Superintendent of +the Academy determines such reappointment to be in the best interests +of the Coast Guard Academy. + ``(e) Meetings.--The Advisory Board shall meet with the Commandant +at least once each academic year on the activities of the Advisory +Board. The Advisory Board shall meet in person with the Superintendent +of the Academy not less than twice each academic year on the duties of +the Advisory Board. + ``(f) Duties.--The Advisory Board shall identify opportunities and +challenges facing cadets at the Academy who are women, including an +assessment of culture, leadership development, and access to health +care of cadets at the Academy who are women. + ``(g) Working Groups.--The Advisory Board may establish one or more +working groups to assist the Advisory Board in carrying out its duties, +including working groups composed in part of cadets at the Academy who +are not current members of the Advisory Board. + ``(h) Reports and Briefings.--The Advisory Board shall regularly +provide the Commandant and the Superintendent reports and briefings on +the results of its duties, including recommendations for actions to be +taken in light of such results. Such reports and briefings may be +provided in writing, in person, or both.''; and + (3) by amending the analysis for such chapter-- + (A) by amending the item relating to section 1904 + to read as follows: + +``1904. Advisory Board on Women at the Coast Guard Academy.''; and + (B) by adding at the end the following: + +``1906. Participation in Federal, State, or other educational research + grants.''. + (c) Advisory Board on Women in the Coast Guard.--Chapter 25 of +title 14, United States Code, is amended-- + (1) by redesignating subchapter II as subchapter III; + (2) by inserting after subchapter I the following: + + ``SUBCHAPTER II--ADVISORY BOARD ON WOMEN IN THE COAST GUARD + +``Sec. 2521. Advisory Board on Women in the Coast Guard + ``(a) In General.--The Commandant shall establish within the Coast +Guard an Advisory Board on Women in the Coast Guard. + ``(b) Membership.--The Advisory Board established under subsection +(a) shall be composed of such number of members as the Commandant +considers appropriate, selected by the Commandant through a public +selection process from among applicants for membership on the Board. +The members of the Board shall, to the extent practicable, represent +the diversity of the Coast Guard. The members of the Committee shall +include an equal number of each of the following: + ``(1) Active duty officers of the Coast Guard. + ``(2) Active duty enlisted members of the Coast Guard. + ``(3) Members of the Coast Guard Reserve. + ``(4) Retired members of the Coast Guard. + ``(c) Duties.--The Advisory Board established under subsection +(a)-- + ``(1) shall advise the Commandant on improvements to the + recruitment, retention, wellbeing, and success of women serving + in the Coast Guard and attending the Coast Guard Academy, + including recommendations for the report on gender diversity in + the Coast Guard required by section 5109 of chapter 51 of title + 14; + ``(2) may submit to the Commandant recommendations in + connection with its duties under this subsection, including + recommendations to implement the advice described in paragraph + (1); and + ``(3) may brief Congress on its duties under this + subsection, including the advice described in paragraph (1) and + any recommendations described in paragraph (2).''; and + (3) by amending the analysis for such chapter by striking + the items relating to subchapter II and inserting the + following: + + ``subchapter ii--advisory board on women in the coast guard + +``2521. Advisory Board on Women in the Coast Guard. + ``subchapter iii--lighthouse service + +``2531. Personnel of former Lighthouse Service.''. + (d) Recurring Report.-- + (1) In general.--Chapter 51 of title 14, United States + Code, is amended by adding at the end the following: +``Sec. 5109. Report on gender diversity in the Coast Guard + ``(a) In General.--Not later than January 15, 2022, and biennially +thereafter, the Commandant shall submit to the Committee on +Transportation and Infrastructure of the House of Representatives and +the Committee on Commerce, Science, and Transportation of the Senate a +report on gender diversity in the Coast Guard. + ``(b) Contents.--The report required under subsection (a) shall +contain the following: + ``(1) Gender diversity overview.--An overview of Coast + Guard active duty and reserve members, including the number of + officers and enlisted members and the percentages of men and + women in each. + ``(2) Recruitment and retention.-- + ``(A) An analysis of the changes in the recruitment + and retention of women over the previous 2 years. + ``(B) A discussion of any changes to Coast Guard + recruitment and retention over the previous 2 years + that were aimed at increasing the recruitment and + retention of female members. + ``(3) Parental leave.-- + ``(A) The number of men and women who took parental + leave during each year covered by the report, including + the average length of such leave periods. + ``(B) A discussion of the ways in which the Coast + Guard worked to mitigate the impacts of parental leave + on Coast Guard operations and on the careers of the + members taking such leave. + ``(4) Limitations.--An analysis of current gender-based + limitations on Coast Guard career opportunities, including + discussion of-- + ``(A) shipboard opportunities; + ``(B) opportunities to serve at remote units; and + ``(C) any other limitations on the opportunities of + female members. + ``(5) Progress update.--An update on the Coast Guard's + progress on the implementation of the action plan required + under subsection (a) of section 9205 of the Elijah E. Cummings + Coast Guard Authorization Act of 2020.''. + (2) Clerical amendment.--The analysis for chapter 51 of + title 14, United States Code, is amended by adding at the end + the following: + +``5109. Report on gender diversity in the Coast Guard.''. + +SEC. 9206. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN. + + Section 914 of title 14, United States Code, is amended-- + (1) in subsection (a)-- + (A) by striking ``date'' and inserting ``later of + the date of the conveyance of the properties directed + under section 533(a) of the Coast Guard Authorization + Act of 2016 (Public Law 114-120) or the date''; and + (B) by striking ``determination by the Secretary'' + and inserting ``determination by the Secretary of + Transportation under section 312(d) of title 49''; and + (2) in subsection (c), by striking paragraph (2) and + inserting the following: + ``(2) Availability of proceeds.--The proceeds of such + sales, less the costs of sale incurred by the General Services + Administration, shall be deposited into the Coast Guard Housing + Fund for uses authorized under section 2946 of this title.''. + +SEC. 9207. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. + + Section 2103(c)(3) of title 14, United States Code, is amended by +striking ``rear admiral (lower half)'' and inserting ``vice admiral''. + +SEC. 9208. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND + GRANTS. + + (a) In General.--Chapter 7 of title 14, United States Code, is +amended by adding at the end the following: +``Sec. 719. Research projects; transactions other than contracts and + grants + ``(a) Additional Forms of Transactions Authorized.-- + ``(1) In general.--The Commandant may enter into-- + ``(A) transactions (other than contracts, + cooperative agreements, and grants) in carrying out + basic, applied, and advanced research projects; and + ``(B) agreements with the Director of the Defense + Advanced Research Projects Agency, the Secretary of a + military department, or any other official designated + by the Secretary of Defense under section 2371b of + title 10 to participate in prototype projects and + follow-on production contracts or transactions that are + being carried out by such official and are directly + relevant to the Coast Guard's cyber capability and + Command, Control, Communications, Computers, and + intelligence initiatives. + ``(2) Additional authority.--The authority under this + subsection is in addition to the authority provided in section + 717 to use contracts, cooperative agreements, and grants in + carrying out such projects. + ``(3) Funding.--In carrying out paragraph (1)(B), the + Commandant may use funds made available for-- + ``(A) operations and support; + ``(B) research, development, test, and evaluation; + and + ``(C) procurement, construction, and improvement. + ``(b) Advance Payments.--The authority under subsection (a) may be +exercised without regard to section 3324 of title 31. + ``(c) Recovery of Funds.-- + ``(1) In general.--Subject to subsection (d), a cooperative + agreement for performance of basic, applied, or advanced + research authorized by section 717, and a transaction + authorized by subsection (a), may include a clause that + requires a person or other entity to make payments to the Coast + Guard or any other department or agency of the Federal + Government as a condition for receiving support under the + agreement or transaction, respectively. + ``(2) Availability of funds.--The amount of any payment + received by the Federal Government pursuant to a requirement + imposed under paragraph (1) may be credited, to the extent + authorized by the Commandant, to an appropriate appropriations + account. Amounts so credited shall be merged with other funds + in the account and shall be available for the same purposes and + the same period for which other funds in such account are + available. + ``(d) Conditions.-- + ``(1) In general.--The Commandant shall ensure that to the + extent that the Commandant determines practicable, no + cooperative agreement containing a clause described in + subsection (c)(1), and no transaction entered into under + subsection (a), provides for research that duplicates research + being conducted under existing programs carried out by the + Coast Guard. + ``(2) Other agreements not feasible.--A cooperative + agreement containing a clause described in subsection (c)(1), + or under a transaction authorized by subsection (a), may be + used for a research project only if the use of a standard + contract, grant, or cooperative agreement for such project is + not feasible or appropriate. + ``(e) Education and Training.--The Commandant shall-- + ``(1) ensure that management, technical, and contracting + personnel of the Coast Guard involved in the award or + administration of transactions under this section or other + innovative forms of contracting are afforded opportunities for + adequate education and training; and + ``(2) establish minimum levels and requirements for + continuous and experiential learning for such personnel, + including levels and requirements for acquisition certification + programs. + ``(f) Protection of Certain Information From Disclosure.-- + ``(1) In general.--Disclosure of information described in + paragraph (2) is not required, and may not be compelled, under + section 552 of title 5 for 5 years after the date on which the + information is received by the Coast Guard. + ``(2) Limitation.-- + ``(A) In general.--Paragraph (1) applies to + information described in subparagraph (B) that is in + the records of the Coast Guard only if the information + was submitted to the Coast Guard in a competitive or + noncompetitive process having the potential for + resulting in an award, to the party submitting the + information, of a cooperative agreement for performance + of basic, applied, or advanced research authorized by + section 717 or another transaction authorized by + subsection (a). + ``(B) Information described.--The information + referred to in subparagraph (A) is the following: + ``(i) A proposal, proposal abstract, and + supporting documents. + ``(ii) A business plan submitted on a + confidential basis. + ``(iii) Technical information submitted on + a confidential basis. + ``(g) Regulations.--The Commandant shall prescribe regulations, as +necessary, to carry out this section. + ``(h) Annual Report.--On the date on which the President submits to +Congress a budget pursuant to section 1105 of title 31, the Commandant +shall submit to the Committees on Appropriations and Transportation and +Infrastructure of the House of Representatives and the Committees on +Appropriations and Commerce, Science, and Transportation of the Senate +a report describing each use of the authority provided under this +section during the most recently completed fiscal year, including +details of each use consisting of-- + ``(1) the amount of each transaction; + ``(2) the entities or organizations involved; + ``(3) the product or service received; + ``(4) the research project for which the product or service + was required; and + ``(5) the extent of the cost sharing among Federal + Government and non-Federal sources.''. + (b) Clerical Amendment.--The analysis for chapter 7 of title 14, +United States Code, is amended by adding at the end the following: + +``719. Research projects; transactions other than contracts and + grants.''. + +SEC. 9209. ACQUISITION WORKFORCE AUTHORITIES. + + (a) In General.--Subchapter I of chapter 11 of title 14, United +States Code, is amended by adding at the end the following: +``Sec. 1111. Acquisition workforce authorities + ``(a) Expedited Hiring Authority.-- + ``(1) In general.--For the purposes of section 3304 of + title 5, the Commandant may-- + ``(A) designate any category of acquisition + positions within the Coast Guard as shortage category + positions; and + ``(B) use the authorities in such section to + recruit and appoint highly qualified persons directly + to positions so designated. + ``(2) Reports.--The Commandant shall include in reports + under section 1102 information described in such section + regarding positions designated under this subsection. + ``(b) Reemployment Authority.-- + ``(1) In general.--Except as provided in paragraph (2), if + an annuitant receiving an annuity from the Civil Service + Retirement and Disability Fund becomes employed in any category + of acquisition positions designated by the Commandant under + subsection (a), the annuity of the annuitant so employed shall + continue. The annuitant so reemployed shall not be considered + an employee for purposes of subchapter III of chapter 83 or + chapter 84 of title 5. + ``(2)(A) Election.--An annuitant retired under section + 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity + from the Civil Service Retirement and Disability Fund, who + becomes employed in any category of acquisition positions + designated by the Commandant under subsection (a) after the + date of the enactment of the Elijah E. Cummings Coast Guard + Authorization Act of 2020, may elect to be subject to section + 8344 or 8468 of such title (as the case may be). + ``(i) Deadline.--An election for coverage under + this subsection shall be filed not later than 90 days + after the Commandant takes reasonable actions to notify + an employee who may file an election. + ``(ii) Coverage.--If an employee files an election + under this subsection, coverage shall be effective + beginning on the first day of the first applicable pay + period beginning on or after the date of the filing of + the election. + ``(B) Application.--Paragraph (1) shall apply to an + individual who is eligible to file an election under + subparagraph (A) and does not file a timely election under + clause (i) of such subparagraph.''. + (b) Clerical Amendment.--The analysis for subchapter I of chapter +11 of title 14, United States Code, is amended by adding at the end the +following: + +``1111. Acquisition workforce authorities.''. + (c) Repeal of Superseded Authority.--Section 404 of the Coast Guard +Authorization Act of 2010 (Public Law 111-281) is repealed. + +SEC. 9210. VESSEL CONVERSION, ALTERATION, AND REPAIR PROJECTS. + + (a) In General.--Notwithstanding any provision of the Small +Business Act (15 U.S.C. 631 et seq.) and any regulation or policy +implementing such Act, the Commandant may use full and open competitive +procedures, as prescribed in section 2304 of title 10, United States +Code, to acquire maintenance and repair services for vessels with a +homeport in Coast Guard District 17. + (b) Applicability.--Subsection (a) shall apply only if there are +not at least 2 qualified small businesses located in Coast Guard +District 17 that are able and available to provide the services +described in such subsection. + (c) Limitation.--The full and open competitive procedures described +in subsection (a) may only be used to acquire such services from a +business located in Coast Guard District 17 that is able and available +to provide such services. + +SEC. 9211. MODIFICATION OF ACQUISITION PROCESS AND PROCEDURES. + + (a) Extraordinary Relief.-- + (1) In general.--Subchapter III of chapter 11 of title 14, + United States Code, is amended by adding at the end the + following: +``Sec. 1157. Extraordinary relief + ``(a) In General.--With respect to any prime contracting entity +receiving extraordinary relief pursuant to the Act entitled `An Act to +authorize the making, amendment, and modification of contracts to +facilitate the national defense', approved August 28, 1958 (Public Law +85-804; 50 U.S.C. 1432 et seq.) for a major acquisition, the Secretary +shall not consider any further request by the prime contracting entity +for extraordinary relief under such Act for such major acquisition. + ``(b) Inapplicability to Subcontractors.--The limitation under +subsection (a) shall not apply to subcontractors of a prime contracting +entity. + ``(c) Quarterly Report.--Not less frequently than quarterly during +each fiscal year in which extraordinary relief is approved or provided +to an entity under the Act referred to in subsection (a) for the +acquisition of Offshore Patrol Cutters, the Commandant shall provide to +the Committee on Commerce, Science, and Transportation of the Senate +and the Committee on Transportation and Infrastructure of the House of +Representatives a report that describes in detail such relief and the +compliance of the entity with the oversight measures required as a +condition of receiving such relief.''. + (3) Analysis for chapter 11.--The analysis for chapter 11 + of title 14, United States Code, is amended by inserting after + the item relating to section 1156 the following: + +``1157. Extraordinary relief.''. + (b) Notice to Congress With Respect to Breach of Contract.--Section +1135 of title 14, United States Code, is amended by adding at the end +the following: + ``(d) Notice to Congress With Respect to Breach of Contract.--Not +later than 48 hours after the Commandant becomes aware that a major +acquisition contract cannot be carried out under the terms specified in +the contract, the Commandant shall provide a written notification to +the Committee on Commerce, Science, and Transportation of the Senate +and the Committee on Transportation and Infrastructure of the House of +Representatives that includes-- + ``(1) a description of the terms of the contract that + cannot be met; and + ``(2) an assessment of whether the applicable contract + officer has issued a cease and desist order to the contractor + based on the breach of such terms of the contract.''. + +SEC. 9212. ESTABLISHMENT AND PURPOSE OF FUND; DEFINITION. + + Section 1461(a) of title 10, United States Code, is amended by +inserting ``and the Coast Guard'' after ``liabilities of the Department +of Defense''. + +SEC. 9213. PAYMENTS FROM FUND. + + Section 1463(a) of title 10, United States Code, is amended-- + (1) in paragraph (1) by striking ``and Marine Corps'' and + inserting ``Marine Corps, and Coast Guard''; + (2) in paragraph (2) by striking ``(other than retired pay + payable by the Secretary of Homeland Security)''; and + (3) in paragraph (4) by inserting ``and the Department of + Homeland Security that'' after ``Department of Defense''. + +SEC. 9214. DETERMINATION OF CONTRIBUTIONS TO FUND. + + Section 1465 of title 10, United States Code, is amended-- + (1) in subsection (a)-- + (A) by striking ``(a) Not'' and inserting the + following: + ``(a)(1) Not''; and + (B) by adding at the end the following: + ``(2) Not later than October 1, 2022, the Board of Actuaries shall +determine the amount that is the present value (as of September 30, +2022) of future benefits payable from the Fund that are attributable to +service in the Coast Guard performed before October 1, 2022. That +amount is the original Coast Guard unfunded liability of the Fund. The +Board shall determine the period of time over which the original Coast +Guard unfunded liability should be liquidated and shall determine an +amortization schedule for the liquidation of such liability over that +period. Contributions to the Fund for the liquidation of the original +Coast Guard unfunded liability in accordance with such schedule shall +be made as provided in section 1466(b) of this title.''; + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A)-- + (I) by inserting ``, in + consultation with the Secretary of the + department in which the Coast Guard is + operating,'' after ``Secretary of + Defense'' ; and + (II) by inserting ``and Coast + Guard'' after ``Department of + Defense''; + (ii) in subparagraph (A)(ii) by striking + ``(other than the Coast Guard)'' and inserting + ``members of the Armed Forces''; and + (iii) in subparagraph (B)(ii) by striking + ``(other than the Coast Guard)''; + (B) in paragraph (2) by inserting ``the Coast Guard + Retired Pay account and the'' after ``appropriated + to''; and + (C) in paragraph (3) by inserting ``and Coast + Guard'' after ``Department of Defense''; + (3) in subsection (c)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A) by inserting ``, in consultation with the + Secretary of the department in which the Coast + Guard is operating,'' after ``Secretary of + Defense''; + (ii) in subparagraph (A) by striking + ``(other than the Coast Guard)'' and inserting + ``members of the Armed Forces''; + (iii) in subparagraph (B) by striking + ``(other than the Coast Guard)''; + (B) in paragraph (2) by inserting ``, in + consultation with the Secretary of the department in + which the Coast Guard is operating,'' after ``Secretary + of Defense''; + (C) in paragraph (3) by inserting ``, in + consultation with the Secretary of the department in + which the Coast Guard is operating,'' after ``Secretary + of Defense''; + (4) in subsection (e) by striking ``Secretary of Defense + shall'' and inserting ``Secretary of Defense and, with regard + to the Coast Guard, the Secretary of the department in which + the Coast Guard is operating''. + +SEC. 9215. PAYMENTS INTO FUND. + + Section 1466 of title 10, United States Code, is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1)-- + (i) by striking ``Secretary of Defense + shall'' and inserting ``Secretary of Defense + and the Secretary of the department in which + the Coast Guard is operating, with respect to + the Coast guard, shall''; and + (ii) by striking ``each month as the + Department of Defense contribution'' and + inserting ``each month the respective pro rata + share contribution of the Secretary of Defense + and the Secretary of the department in which + the Coast Guard is operating''; and + (B) in paragraph (1)(B) by striking ``(other than + the Coast Guard)''; and + (C) by striking the flush language following + paragraph (1)(B) and inserting the following new + subsection: + ``(b) Amounts paid into the Fund under this subsection shall be +paid from funds available for as appropriate-- + ``(1) the pay of members of the armed forces under the + jurisdiction of the Secretary of a military department; or + ``(2) the Retired Pay appropriation for the Coast Guard.''; + (2) by redesignating subsections (b) and (c) as subsections + (c) and (d), respectively; and + (3) in subsection (c) (as so redesignated)-- + (A) in paragraph (2)(A) by striking ``liability of + the Fund.'' and inserting ``liabilities of the Fund for + the Department of Defense and the Coast Guard.''; and + (B) in paragraph (3) by inserting ``and the + Secretary of the Department in which the Coast Guard is + operating'' before ``shall promptly''. + + Subtitle C--Access to Child Care for Coast Guard Families + +SEC. 9301. REPORT ON CHILD CARE AND SCHOOL-AGE CARE ASSISTANCE FOR + QUALIFIED FAMILIES. + + (a) In General.--Not later than 18 months after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Commerce, Science, and Transportation +of the Senate and the Committee on Transportation and Infrastructure of +the House of Representatives a report on child care and school-age care +options available to qualified families. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) Financial assistance.-- + (A) An assessment of-- + (i) the subsidies and financial assistance + for child care and school-age care made + available by the Coast Guard to qualified + families; and + (ii) the extent to which qualified families + have taken advantage of such subsidies and + assistance. + (B) The average number of days between-- + (i) the date on which an application for a + subsidy or other financial assistance for child + care or school-age care is submitted by a + qualified family; and + (ii) upon approval of an application, the + date on which such subsidy or assistance is + received by the qualified family. + (C) Recommendations for streamlining the payment of + such subsidies and financial assistance. + (D) The amount of funding allocated to such + subsidies and financial assistance. + (E) The remaining costs for child care or school- + age care to qualified families that are not covered by + the Coast Guard. + (F) A description of barriers to access to such + subsidies and financial assistance. + (G) The number of qualified families that do not + receive any such subsidies or financial assistance. + (2) Regulation of child care services.-- + (A) An assessment of-- + (i) the regulations of States with respect + to child care services (such as staffing, space + and furnishings, safety, curriculum + requirements, and allowable care hours); and + (ii) the effect that differences in such + regulations may have on access to child care + for qualified families. + (B) An assessment of-- + (i) the regulations of the Coast Guard and + the Department of Defense with respect to child + development centers and other child care + providers (including school-age care + providers), and a comparison of such + regulations with similar State regulations; and + (ii) the effect that such regulations may + have on access to child care and school-age + care for qualified families. + (C) The number of qualified families, and children, + that do not have access to a Coast Guard child + development center for child care. + (3) Parity with department of defense.--The differences + between child care and school-age care services offered by the + Coast Guard and child care and school-age care authorities of + the Coast Guard and the Department of Defense relating to the + following: + (A) Authorized uses of appropriated funds for child + care and school-age care services. + (B) Access to, and total capacity of, Coast Guard + child development centers and Department of Defense + child development centers. + (C) Child care and school-age care programs or + policy. + (D) Coast Guard and Department of Defense programs + to provide additional assistance to members and + civilian employees with respect to child care and + school-age care options. + (E) Respite care programs. + (F) Nonappropriated funds. + (G) Coast Guard family child care centers. + (H) Coast Guard and Department of Defense publicly + available online resources for families seeking + military child care and school-age care. + (4) Feasibility.--An analysis of the feasibility of the + Commandant entering into agreements with private child care and + school-age care service providers to provide child care and + school-age care for qualified families. + (5) Availability.--An analysis of the availability of child + care and school-age care for qualified families, including + accessibility after normal work hours, proximity, and total + capacity. + (6) Recommendations.--Recommendations-- + (A) to improve access to child care and school-age + care for qualified families; + (B) to ensure parity between the Coast Guard and + the Department of Defense with respect to child care + and school-age care; + (C) to expand access to child care and school-age + care for all qualified families, including qualified + families that have a child with special needs; and + (D) to ensure that regional child care and child + development center needs at the unit, sector, or + district level are identified, assessed, and reasonably + evaluated by the Commandant for future infrastructure + needs. + (7) Other matters.--A description or analysis of any other + matter the Comptroller General considers relevant to the + improvement of expanded access to child care and school-age + care for qualified families. + +SEC. 9302. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE + TRACKING SYSTEM. + + (a) Memorandum of Understanding.-- + (1) In general.--The Commandant shall enter into a + memorandum of understanding with the Secretary of Defense to + enable qualified families to access the website at https:// + militarychildcare.com (or a successor website) for purposes of + Coast Guard family access to information with respect to State- + accredited child development centers and other child care + support services as such services become available from the + Department of Defense through such website. The memorandum + shall provide for the expansion of the geographical areas + covered by such website, including regions in which qualified + families live that are not yet covered by the program. + (2) Inclusion of child development centers accessible under + pilot program.--The information accessible pursuant to the + memorandum of understanding required by paragraph (1) shall + include information with respect to any child development + center accessible pursuant to the pilot program under section + 9304. + (3) Electronic registration, payment, and tracking + system.--Not later than 1 year after the date of the enactment + of this Act, the Commandant shall develop and maintain an + internet website of the Coast Guard accessible to qualified + families to carry out the following activities: + (A) Register children for a Coast Guard child + development center. + (B) Make online child care payments to a Coast + Guard child development center. + (C) Track the status of a child on the wait list of + a Coast Guard child development center, including the + placement and position of the child on the wait list. + (b) Wait List.-- + (1) In general.--The Commandant shall maintain a record of + the wait list for each Coast Guard child development center. + (2) Matters to be included.--Each record under paragraph + (1) shall include the following: + (A) The total number of children of qualified + families on the wait list. + (B) With respect to each child on the wait list-- + (i) the age of the child; + (ii) the number of days the child has been + on the wait list; + (iii) the position of the child on the wait + list; + (iv) any special needs consideration; and + (v) information on whether a sibling of the + child is on the wait list of, or currently + enrolled in, the Coast Guard child development + center concerned. + (3) Requirement to archive.--Information placed in the + record of a Coast Guard child development center under + paragraph (1) shall be archived for a period of not less than + 10 years after the date of its placement in the record. + +SEC. 9303. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS. + + (a) Study.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, and for each of the 2 fiscal years + thereafter, the Commandant shall conduct a study on the child + care needs of qualified families that incorporates-- + (A) the results of the survey under subsection (b); + and + (B) any other information the Commandant considers + appropriate to ensure adequate tracking and future + needs-based assessments with respect to adequate access + to Coast Guard child development centers. + (2) Consultation.--In conducting a study under paragraph + (1), the Commandant may consult a federally funded research and + development center. + (3) Scope of data.--The data obtained through each study + under paragraph (1) shall be obtained on a regional basis, + including by Coast Guard unit, sector, and district. + (b) Survey.-- + (1) In general.--Together with each study under subsection + (a), and annually as the Commandant considers appropriate, the + Commandant shall carry out a survey of individuals described in + paragraph (2) on access to Coast Guard child development + centers. + (2) Participants.-- + (A) In general.--The Commandant shall seek the + participation in the survey of the following Coast + Guard individuals: + (i) Commanding officers, regardless of + whether the commanding officers have children. + (ii) Regular and reserve personnel. + (iii) Spouses of individuals described in + clauses (i) and (ii). + (B) Scope of participation.--Individuals described + in clauses (i) through (iii) of subparagraph (A) shall + be surveyed regardless of whether such individuals use + or have access to Coast Guard child development centers + or other Federal child care facilities. + (C) Voluntary participation.--Participation of any + individual described in subparagraph (A) in a survey + shall be on a voluntary basis. + (c) Availability.--On request, the Commandant shall submit to the +Committee on Commerce, Science, and Transportation of the Senate and +the Committee on Transportation and Infrastructure of the House of +Representatives the results of any study or survey under this section. + +SEC. 9304. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE. + + (a) In General.--Commencing not later than 60 days after the date +on which the report under section 9301 is submitted, the Commandant +shall carry out a pilot program, based on the recommendations provided +in such report, to expand access to public or private child development +centers for qualified families. + (b) Duration.--The duration of the pilot program under subsection +(a) shall be not more than 3 years beginning on the date on which the +pilot program is established. + (c) Discharge on District Basis.--The Commandant-- + (1) may carry out the pilot program on a district basis; + and + (2) shall include in the pilot program remote and urban + locations. + (d) Reservation of Child Care Slots.--As part of the pilot program, +the Commandant shall seek to enter into one or more memoranda of +understanding with one or more child development centers to reserve +slots for qualified families in locations in which-- + (1) the Coast Guard lacks a Coast Guard child development + center; or + (2) the wait lists for the nearest Coast Guard child + development center or Department of Defense child development + center, where applicable, indicate that qualified families may + not be accommodated. + (e) Annual Assessment of Results.--As part of any study conducted +pursuant to section 9303(a) after the end of the 1-year period +beginning with the commencement of the pilot program, the Commandant +shall also undertake a current assessment of the impact of the pilot +program on access to child development centers for qualified families. +The Commandant shall include the results of any such assessment in the +results of the most current study or survey submitted pursuant to +section 9303(a). + +SEC. 9305. IMPROVEMENTS TO COAST GUARD-OWNED FAMILY HOUSING. + + Section 2922(b) of title 14, United States Code, is amended by +adding at the end the following: + ``(4) To the maximum extent practicable, the Commandant + shall ensure that, in a location in which Coast Guard family + child care centers (as such term is defined in section 9309 of + the Elijah E. Cummings Coast Guard Authorization Act of 2020) + are necessary to meet the demand for child care for qualified + families (as such term is defined in such section), not fewer + than two housing units are maintained in accordance with safety + inspection standards so as to accommodate family child care + providers.''. + +SEC. 9306. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER + QUALIFICATIONS AND CERTIFICATIONS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Commandant shall brief the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives on +the feasibility of developing a policy to allow the transfer of a Coast +Guard-mandated family child care provider qualification or +certification between Coast Guard-owned housing units if, as determined +by the Commandant-- + (1) the qualification or certification is not expired; + (2) the transfer of the qualification or certification + would not pose a danger to any child in the care of the family + child care provider; and + (3) the transfer would expedite the ability of the family + child care provider to establish, administer, and provide + family home daycare in a Coast Guard-owned housing unit. + (b) Briefing Element.--The briefing required by subsection (a) +shall include analysis of options for transferring a Coast Guard- +mandated family child care provider qualification or certification as +described in that subsection, and of any legal challenges associated +with such transfer. + (c) Rule of Construction.--The policy under subsection (a) shall +not be construed to supersede any other applicable Federal, State, or +local law (including regulations) relating to the provision of child +care services. + +SEC. 9307. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND + FAMILY CHILD CARE PROVIDERS. + + (a) Inspections.--Section 2923 of title 14, United States Code, is +amended by striking subsection (b) and inserting the following: + ``(b) Inspections.-- + ``(1) In general.--Not less than twice annually, the + Commandant shall ensure that each Coast Guard child development + center is subject to an unannounced inspection. + ``(2) Responsibility for inspections.--Of the biannual + inspections under paragraph (1)-- + ``(A) 1 shall be carried out by a representative of + the Coast Guard installation served by the Coast Guard + child development center concerned; and + ``(B) 1 shall be carried out by a representative of + the Coast Guard child development services work-life + programs.''. + (b) Family Child Care Providers.-- + (1) In general.--Chapter 29 of title 14, United States + Code, is amended by adding at the end the following: +``Sec. 2926. Family child care providers + ``(a) In General.--Not less frequently than quarterly, the +Commandant shall ensure that each family child care provider is subject +to inspection. + ``(b) Responsibility for Inspections.--Of the quarterly inspections +under subsection (a) each year-- + ``(1) 3 inspections shall be carried out by a + representative of the Coast Guard installation served by the + family child care provider concerned; and + ``(2) 1 inspection shall be carried out by a representative + of the Coast Guard child development services work-life + programs.''. + (2) Clerical amendment.--The analysis for chapter 29 of + title 14, United States Code, is amended by adding at the end + the following: + +``2926. Family child care providers.''. + +SEC. 9308. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE. + + Not later than 1 year after the date of the enactment of this Act, +the Commandant shall-- + (1) establish a procedure to allow Coast Guard family child + care centers to occur at off-base housing, including off-base + housing owned or subsidized by the Coast Guard; and + (2) establish a procedure to ensure that all requirements + with respect to such family child care programs are met, + including home inspections. + +SEC. 9309. DEFINITIONS. + + In this subtitle: + (1) Coast guard child development center.--The term ``Coast + Guard child development center'' has the meaning given that + term in section 2921(3) of title 14, United States Code. + (2) Coast guard family child care center.--The term ``Coast + Guard family child care center'' means a location at which + family home daycare is provided. + (3) Family child care provider.--The term ``family child + care provider'' means an individual who provides family home + daycare. + (4) Family home daycare.--The term ``family home daycare'' + has the meaning given that term in section 2921(5) of title 14, + United States Code. + (5) Qualified family.--The term ``qualified family'' means + any regular, reserve, or retired member of the Coast Guard, and + any civilian employee of the Coast Guard, with one or more + dependents. + + Subtitle D--Reports + +SEC. 9401. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS. + + (a) Especially Hazardous Cargo.--Subsection (e) of section 70103 of +title 46, United States Code, is amended to read as follows: + ``(e) Especially Hazardous Cargo.-- + ``(1) Enforcement of security zones.--Consistent with other + provisions of Federal law, the Coast Guard shall coordinate and + be responsible for the enforcement of any Federal security zone + established by the Coast Guard around a vessel containing + especially hazardous cargo. The Coast Guard shall allocate + available resources so as to deter and respond to a + transportation security incident, to the maximum extent + practicable, and to protect lives or protect property in + danger. + ``(2) Especially hazardous cargo defined.--In this + subsection, the term `especially hazardous cargo' means + anhydrous ammonia, ammonium nitrate, chlorine, liquefied + natural gas, liquefied petroleum gas, and any other substance, + material, or group or class of material, in a particular amount + and form that the Secretary determines by regulation poses a + significant risk of creating a transportation security incident + while being transported in maritime commerce.''. + (b) Compliance With Security Standards.--Section 809 of the Coast +Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 46 +U.S.C. 70101 note) is amended by striking subsections (g) and (i). + (c) Marine Safety Long-Term Strategy.--Section 2116 of title 46, +United States Code, is amended-- + (1) in subsection (a), by striking ``The strategy shall + include the issuance of a triennial plan'' and inserting ``The + 5-year strategy shall include the issuance of a plan''; + (2) in subsection (b)-- + (A) in the subsection heading, by striking + ``Contents of Strategy and Triennial Plans'' and + inserting ``5-Year Strategy and Plan''; + (B) in paragraph (1), in the matter preceding + subparagraph (A), by striking ``strategy and triennial + plans'' and inserting ``5-year strategy and plan''; and + (C) in paragraph (2)-- + (i) in the matter preceding subparagraph + (A), by striking ``strategy and triennial + plans'' and inserting ``5-year strategy and + plan''; and + (ii) in subparagraph (A), by striking + ``plans'' and inserting ``plan''; + (3) in subsection (c)-- + (A) by striking ``Beginning with fiscal year 2020 + and triennially thereafter, the Secretary'' and + inserting ``Not later than 5 years after the date of + the enactment of the Elijah E. Cummings Coast Guard + Authorization Act of 2020, and every 5 years + thereafter, the Secretary''; and + (B) by striking ``triennial''; and + (4) in subsection (d)-- + (A) in paragraph (1), by striking ``No less + frequently than semiannually'' and inserting ``In + conjunction with the submission of the 5-year strategy + and plan''; and + (B) in paragraph (2)-- + (i) in the heading, by striking ``Report to + congress'' and inserting ``Periodic + briefings''; + (ii) in the matter preceding subparagraph + (A), by striking ``report triennially'' and all + that follows through ``the Senate'' and + inserting ``periodically brief the Committee on + Commerce, Science, and Transportation of the + Senate and the Committee on Transportation and + Infrastructure of the House of + Representatives''; + (iii) in subparagraph (A)-- + (I) by striking ``annual''; and + (II) by striking ``for the year + covered by the report'' and inserting + ``for the period covered by the + briefing''; and + (iv) in subparagraph (B)(ii), by striking + ``plans'' and inserting ``plan''. + (d) Abandoned Seafarers Fund.--Section 11113(a) of title 46, United +States Code, is amended-- + (1) in paragraph (4), by striking ``On the date'' and + inserting ``Except as provided in paragraph (5), on the date''; + and + (2) by adding at the end the following: + ``(5) No report required.--A report under paragraph (4) + shall not be required if there were no expenditures from the + Fund in the preceding fiscal year. The Commandant shall notify + Congress in the event a report is not required under paragraph + (4) by reason of this paragraph.''. + (e) Major Acquisition Program Risk Assessment.--Section 5107 of +title 14, United States Code, is amended-- + (1) in subsection (a), by striking ``April 15 and October + 15'' and inserting ``October 15''; and + (2) in subsection (b)-- + (A) in paragraph (2), by striking ``the 2 fiscal- + year quarters preceding such assessment'' and inserting + ``the previous fiscal year''; + (B) in paragraph (3), by striking ``such 2 fiscal- + year quarters'' and inserting ``such fiscal year''; + (C) in paragraph (4), by striking ``such 2 fiscal- + year quarters'' and inserting ``such fiscal year''; and + (D) in paragraph (5), by striking ``such 2 fiscal- + year quarters'' and inserting ``such fiscal year''. + +SEC. 9402. REPORT ON CYBERSECURITY WORKFORCE. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Commandant shall submit to the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives a +report on how the Coast Guard plans to establish a workforce with the +cybersecurity expertise to provide prevention assessments and response +capacity to Operational Technology and Industrial Control Systems in +national port and maritime environments. + (b) Contents.--The report under subsection (a) shall include the +following: + (1) A description of the number and skills of active duty + and reserve Coast Guard members expected for initial operating + capacity and full operating capacity of the workforce described + in subsection (a). + (2) A description of the career development path for + officers and enlisted members participating in the workforce. + (3) A determination of how the workforce will fulfill the + cybersecurity needs of the Area Maritime Security Council and + United States port environments. + (4) A determination of how the workforce will integrate + with the Hunt and Incident Response and Assessment Teams of the + Cyber and Infrastructure Security Agency of the Department of + Homeland Security. + (5) An assessment of successful models used by other Armed + Forces, including the National Guard, to recruit, maintain, and + utilize a cyber workforce, including the use of Reserve + personnel for that purpose. + +SEC. 9403. REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Commandant shall submit to the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives a +report on the training and qualification processes of the Coast Guard +for deck watch officers, with a specific focus on basic navigation, +bridge resource management, crew rest, and qualification processes. + (b) Contents.--The report under subsection (a) shall include the +following: + (1) Recommendations for improving prearrival training, if + necessary, and an assessment of how commercial industry best + practices on prearrival training can be incorporated into + military at sea watchkeeping. + (2) A detailed description of the deck watch officer + assessment process of the Coast Guard. + (3) A list of programs that have been approved for credit + toward merchant mariner credentials. + (4) A complete analysis of the gap between the existing + curriculum for deck watch officer training and the Standards of + Training, Certification, and Watchkeeping for officer in charge + of a navigational watch at the operational level, Chief level, + and Master level. + (5) A complete analysis of the gap between the existing + training curriculum for deck watch officers and the licensing + requirement for 3rd mate unlimited, Chief, and Master. + (6) An assessment of deck watch officer options to complete + the 3rd mate unlimited license and the qualification under the + Standards of Training, Certification, and Watchkeeping for + officer in charge of a navigational watch. + (7) An assessment of senior deck watch officer options to + complete the Chief Mate and Master unlimited license and the + qualification under the Standards of Training, Certification, + and Watchkeeping for Chief Mate and Master. + +SEC. 9404. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND + RECAPITALIZATION. + + Not later than 180 days after the date of the enactment of this +Act, the Commandant shall submit to the Committee on Commerce, Science, +and Transportation of the Senate and the Committee on Transportation +and Infrastructure of the House of Representatives a report that-- + (1) includes an updated fleet life-cycle analysis and + service life extension plan that includes dynamic components, + and which clearly demonstrates the mission viability of the MH- + 65 through anticipated fleet recapitalization; + (2) includes a realistic sustainment budget necessary to + achieve the operational availability rates necessary to meet + MH-65 mission requirements through fleet recapitalization; + (3) includes an update on the status of the Coast Guard MH- + 65 helicopter recapitalization; and + (4) includes a description of any alternative, available, + and cost-effective Government and civil systems, or updates, + that the Coast Guard is considering for MH-65 operational + missions, including Coast Guard cutter deployability + requirements, in the event of delays to the future vertical + lift program of the Coast Guard. + +SEC. 9405. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR CYBER + INCIDENTS ON VESSELS ENTERING PORTS OR WATERS OF THE + UNITED STATES. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Commandant shall submit to the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives a +report on the response capabilities of the Coast Guard with respect to +cyber incidents on vessels entering ports or waters of the United +States. + (b) Review.--The report under subsection (a) shall include a review +of each of the following: + (1) The number and type of commercial vessels of the United + States subject to regulations under part 104 of title 33, Code + of Federal Regulations (or any corresponding similar regulation + or ruling). + (2) Policies and guidance issued by the Commandant, in + accordance with guidelines on cyber risk management of the + International Maritime Organization, to vessels of the United + States. + (3) Measures to be taken by owners or operators of + commercial vessels of the United States to increase + cybersecurity posture on such vessels. + (4) Responses of the Commandant to cyber incidents on + vessels described in paragraph (1) prior to the date of the + enactment of this Act. + (5) Response protocols followed by personnel of the Coast + Guard to a cyber incident on any vessel described in paragraph + (1) experienced while that vessel is traveling to ports or + waters of the United States. + (6) Oversight by the Commandant of-- + (A) vessel-to-facility interface, as defined in + section 101.105 of title 33, Code of Federal + Regulations (or any corresponding similar regulation or + ruling); and + (B) actions taken by the Coast Guard in + coordination with vessel and facility owners and + operators to protect commercial vessels and port + facility infrastructure from cyber attacks and + proliferation. + (7) Requirements of the Commandant for the reporting of + cyber incidents that occur on the vessels described in + paragraph (1). + (c) Recommendations and Appropriations.--The Commandant shall +include in the report under subsection (a)-- + (1) recommendations-- + (A) to improve cyber incident response; and + (B) for policies to address gaps identified by the + review under subsection (b); and + (2) a description of authorities and appropriations + necessary to improve the preparedness of the Coast Guard for + cyber incidents on vessels entering ports or waters of the + United States and the ability of the Coast Guard to prevent and + respond to such incidents. + (d) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. + (e) Vessel of the United States Defined.--In this section, the term +``vessel of the United States'' has the meaning given such term in +section 116 of title 46, United States Code. + +SEC. 9406. STUDY AND REPORT ON COAST GUARD INTERDICTION OF ILLICIT + DRUGS IN TRANSIT ZONES. + + (a) Findings.--Congress makes the following findings: + (1) The Coast Guard seizes an average of 1,221 pounds of + cocaine and 85 pounds of marijuana each day in the transit + zones of the Eastern Pacific Ocean, Caribbean Sea, and Southern + maritime border approaches. + (2) The Joint Interagency Task Force-South (JIATF-South) + estimates that it has a spectrum of actionable intelligence on + more than 80 percent of drug movements into the United States + from Central America and South America. + (3) The Coast Guard must balance asset allocation across 11 + statutory missions. As such, the Coast Guard interdicts less + than 10 percent of maritime noncommercial smuggling of illicit + drugs into the United States from Central America and South + America. + (4) In 2017, the Government Accountability Office + recommended that the Commandant of the Coast Guard-- + (A) develop new performance goals relating to the + interdiction of illicit drugs smuggled into the United + States, or describe the manner in which existing goals + are sufficient; + (B) report such goals to the public; + (C) assess the extent to which limitations in + performance data with respect to such goals are + documented; + (D) document measurable corrective actions and + implementation timeframes with respect to such goals; + and + (E) document efforts to monitor implementation of + such corrective actions. + (b) Study.--The Secretary of the Department in which the Coast +Guard is operating, in coordination with the Secretary of Defense and +the heads of other relevant Federal agencies, shall conduct a study in +order to identify gaps in resources that contribute to low interdiction +rates for maritime noncommercial smuggling of illicit drugs into the +United States from Central America and South America despite having +actionable intelligence on more than 80 percent of drug movements in +the transit zones of the Eastern Pacific Ocean, Caribbean Sea, and +Southern maritime border approaches. + (c) Report.--Not later than 1 year after the date of the enactment +of this Act, the Secretary of the Department in which the Coast Guard +is operating shall submit to the Committee on Commerce, Science, and +Transportation of the Senate and the Committee on Transportation and +Infrastructure of the House of Representatives a report on the results +of the study under subsection (b). Such report shall include-- + (1) a statement of the Coast Guard mission requirements for + drug interdiction in the Caribbean basin; + (2) the number of maritime surveillance hours and Coast + Guard assets used in each of fiscal years 2017 through 2019 to + counter the illicit trafficking of drugs and other related + threats throughout the Caribbean basin; and + (3) a determination of whether such hours and assets + satisfied the Coast Guard mission requirements for drug + interdiction in the Caribbean basin. + (d) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. + +SEC. 9407. REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF THE OIL + POLLUTION ACT OF 1990. + + Not later than 180 days after the date of the enactment of this +Act, the Commandant shall submit to the Committee on Commerce, Science, +and Transportation of the Senate and the Committee on Transportation +and Infrastructure of the House of Representatives a report setting +forth the following: + (1) Each liability limit set under section 1004 of the Oil + Pollution Act of 1990 (33 U.S.C. 2704), including the statutory + or regulatory authority establishing such limit. + (2) If the Commandant determines that any liability limit + listed in such section should be modified-- + (A) a description of the modification; + (B) a justification for such modification; and + (C) a recommendation for legislative or regulatory + action to achieve such modification. + +SEC. 9408. REPORT ON COAST GUARD DEFENSE READINESS RESOURCES + ALLOCATION. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Transportation and Infrastructure of +the House of Representatives and the Committee on Commerce, Science, +and Transportation of the Senate a report on the allocation of +resources by the Coast Guard to support its defense readiness mission. + (b) Contents.--The report required by subsection (a) shall include +the following elements: + (1) Funding levels allocated by the Coast Guard to support + defense readiness missions for each of the past 10 fiscal + years. + (2) Funding levels transferred or otherwise provided by the + Department of Defense to the Coast Guard in support of the + Coast Guard's defense readiness missions for each of the past + 10 fiscal years. + (3) The number of Coast Guard detachments assigned in + support of the Coast Guard's defense readiness mission for each + of the past 10 fiscal years. + (c) Assessment.--In addition to the elements detailed in subsection +(b), the report shall include an assessment of the impacts on the Coast +Guard's non-defense mission readiness and operational capabilities due +to the annual levels of reimbursement provided by the Department of +Defense to compensate the Coast Guard for its expenses to fulfill its +defense readiness mission. + +SEC. 9409. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS FUELED + VESSELS. + + Not later than 1 year after the date of the enactment of this Act, +the Commandant shall submit to the Committee on Transportation and +Infrastructure of the House of Representatives and the Committee on +Commerce, Science, and Transportation of the Senate a report on the +following: + (1) The feasibility, safety, and cost effectiveness of + using liquefied natural gas to fuel new Coast Guard vessels. + (2) The feasibility, safety, and cost effectiveness of + converting existing vessels to run on liquefied natural gas + fuels. + (3) The operational feasibility of using liquefied natural + gas to fuel Coast Guard vessels. + +SEC. 9410. COAST GUARD AUTHORITIES STUDY. + + (a) In General.--The Secretary of the department in which the Coast +Guard is operating shall seek to enter into an arrangement with the +National Academy of Sciences not later than 60 days after the date of +the enactment of this Act under which the Academy shall prepare an +assessment of Coast Guard authorities. + (b) Assessment.--The assessment under subsection (a) shall +provide-- + (1) an examination of emerging issues that may require + Coast Guard oversight, regulation, or action; + (2) a description of potential limitations and shortcomings + of relying on current Coast Guard authorities to address + emerging issues; and + (3) an overview of adjustments and additions that could be + made to existing Coast Guard authorities to fully address + emerging issues. + (c) Report to the Congress.--Not later than 1 year after entering +into an arrangement with the Secretary under subsection (a), the +National Academy of Sciences shall submit to the Committee on +Transportation and Infrastructure of the House of Representatives and +the Committee on Commerce, Science, and Transportation of the Senate +the assessment under this section. + (d) Emerging Issues.--In this section, the term ``emerging issues'' +means changes in the maritime industry and environment that in the +determination of the National Academy of Sciences are reasonably likely +to occur within 10 years after the date of the enactment of this Act, +including-- + (1) the introduction of new technologies in the maritime + domain; + (2) the advent of new processes or operational activities + in the maritime domain; and + (3) changes in the use of navigable waterways. + (e) Form.--The assessment required under subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. + +SEC. 9411. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST GUARD. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Commandant shall submit to the Committee on +Transportation and Infrastructure of the House of Representatives and +the Committee on Commerce, Science, and Transportation of the Senate a +report on vulnerabilities of Coast Guard installations and requirements +resulting from climate change over the next 20 years. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) A list of the 10 most vulnerable Coast Guard + installations based on the effects of climate change, including + rising sea tides, increased flooding, drought, desertification, + wildfires, thawing permafrost, or any other categories the + Commandant determines necessary. + (2) An overview of-- + (A) mitigations that may be necessary to ensure the + continued operational viability and to increase the + resiliency of the identified vulnerable installations; + and + (B) the cost of such mitigations. + (3) A discussion of the climate-change-related effects on + the Coast Guard, including-- + (A) the increase in the frequency of humanitarian + assistance and disaster relief missions; and + (B) campaign plans, contingency plans, and + operational posture of the Coast Guard. + (4) An overview of mitigations that may be necessary to + ensure mission resiliency and the cost of such mitigations. + (c) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. + +SEC. 9412. SHORE INFRASTRUCTURE. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Commandant shall-- + (1) develop a plan to standardize Coast Guard facility + condition assessments; + (2) establish shore infrastructure performance goals, + measures, and baselines to track the effectiveness of + maintenance and repair investments and provide feedback on + progress made; + (3) develop a process to routinely align the Coast Guard + shore infrastructure portfolio with mission needs, including + disposing of unneeded assets; + (4) establish guidance for planning boards to document + inputs, deliberations, and project prioritization decisions for + infrastructure maintenance projects; + (5) employ models for Coast Guard infrastructure asset + lines for-- + (A) predicting the outcome of investments in shore + infrastructure; + (B) analyzing tradeoffs; and + (C) optimizing decisions among competing + investments; + (6) include supporting details about competing project + alternatives and report tradeoffs in congressional budget + requests and related reports; and + (7) explore the development of real property management + expertise within the Coast Guard workforce, including members + of the Senior Executive Service. + (b) Briefing.--Not later than December 31, 2020, the Commandant +shall brief the Committee on Transportation and Infrastructure of the +House of Representatives and the Committee on Commerce, Science, and +Transportation of the Senate on the status of the actions required +under subsection (a). + +SEC. 9413. COAST GUARD HOUSING; STATUS AND AUTHORITIES BRIEFING. + + Not later than 180 days after the date of the enactment of this +Act, the Commandant shall provide to the Committee on Transportation +and Infrastructure of the House of Representatives and the Committee on +Commerce, Science, and Transportation of the Senate a briefing on Coast +Guard housing, including-- + (1) a description of the material condition of Coast Guard + housing facilities; + (2) the amount of current Coast Guard housing construction + and deferred maintenance backlogs; + (3) an overview of the manner in which the Coast Guard + manages and maintains housing facilities; + (4) a discussion of whether reauthorizing housing + authorities for the Coast Guard similar to those provided in + section 208 of the Coast Guard Authorization Act of 1996 + (Public Law 104-324); and + (5) recommendations regarding how the Congress could adjust + those authorities to prevent mismanagement of Coast Guard + housing facilities. + +SEC. 9414. PHYSICAL ACCESS CONTROL SYSTEM REPORT. + + Not later 180 days after the date of the enactment of this Act, and +annually for each of the 4 years thereafter, the Commandant shall +submit to the Committee on Transportation and Infrastructure of the +House of Representatives and the Committee on Commerce, Science, and +Transportation of the Senate a report regarding the status of the Coast +Guard's compliance with Homeland Security Presidential Directive 12 +(HSPD-12) and Federal Information Processing Standard 201 (FIPS-201), +including-- + (1) the status of Coast Guard efforts to field a + comprehensive Physical Access Control System at Coast Guard + installations and locations necessary to bring the Service into + compliance with HSPD-12 and FIPS-201B; + (2) the status of the selection of a technological + solution; + (3) the estimated phases and timeframe to complete the + implementation of such a system; and + (4) the estimated cost for each phase of the project. + +SEC. 9415. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH + RESPECT TO VESSELS THAT CARRY BULK LIQUEFIED GASES AS + CARGO AND LIQUEFIED NATURAL GAS TANK VESSELS. + + (a) GAO Report.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Comptroller General of the + United States shall submit to the Committee on Commerce, + Science, and Transportation of the Senate and the Committee on + Transportation and Infrastructure of the House of + Representatives a report on the resources, regulations, + policies, protocols, and other actions designed to carry out + the Coast Guard Certificate of Compliance program with respect + to liquefied natural gas tank vessels (including examinations + under section 153.808 of title 46, Code of Federal Regulations) + and vessels that carry bulk liquefied gases as cargo (including + examinations under part 154 of title 46, Code of Federal + Regulations) for purposes of maintaining the efficiency of + examinations under that program. + (2) Contents.--The report under paragraph (1) shall include + an assessment of the adequacy of current Coast Guard resources, + regulations, policies, and protocols to maintain vessel + examination efficiency while carrying out the program referred + to in paragraph (1) as United States bulk liquefied gases + cargo, liquefied natural gas exports, and associated vessel + traffic at United States ports increase. + (b) National Academies Study.-- + (1) In general.--Not later than 6 months after the date on + which the report required under subsection (a) is submitted, + the Commandant shall enter into an agreement with the National + Academies under which the National Academies shall-- + (A) conduct an evaluation of the constraints and + challenges to maintaining examination efficiency under + the program as United States bulk liquefied gases + cargo, liquefied natural gas exports, and associated + vessel traffic at United States ports increase; and + (B) issue recommendations for changes to resources, + regulations, policies, and protocols to maintain the + efficiency of the program, including analysis of the + following alternatives: + (i) Establishment of a Coast Guard marine + examination unit near the Panama Canal to + conduct inspections under the program on + liquefied natural gas tank vessels bound for + the United States, similar to Coast Guard + operations carried out by Coast Guard + Activities Europe and Coast Guard Activities + Far East, including the effects of the + establishment of such a unit on the domestic + aspects of the program. + (ii) Management of all marine examiners + with gas carrier qualification within each + Coast Guard District by a single Officer in + Charge, Marine Inspection (as defined in + section 50.10-10 of title 46, Code of Federal + Regulations) to improve the efficiency of their + vessel examination assignments. + (iii) Extension of the duration of + assignment of marine examiners with a gas + carrier qualification at Coast Guard units that + most frequently inspect vessels that carry bulk + liquefied gases as cargo and liquefied natural + gas tank vessels. + (iv) Increase in the use of civilians to + conduct and support examinations under the + program. + (v) Extension of the duration of + certificates of compliance under the program + for vessels that carry bulk liquefied gases as + cargo and liquefied natural gas tank vessels + that are less than 10 years of age and + participate in a Coast Guard vessel quality + program. + +SEC. 9416. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT + ON COAST GUARD'S INTERNATIONAL PORT SECURITY PROGRAM. + + (a) GAO Report.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Commerce, Science, and Transportation +of the Senate and the Committee on Transportation and Infrastructure of +the House of Representatives a report setting forth the results of a +comprehensive review, conducted by the Comptroller General for purposes +of the report, on the Coast Guard's International Port Security +Program, including the findings, and any recommendations for +improvement of the program, of the Comptroller General. + (b) Required Elements of Review.--The review required under +subsection (a) shall include-- + (1) review of the actions of the Coast Guard under the + Coast Guard's International Port Security Program, since 2014, + to enhance foreign port inspections; + (2) review of the actions of the Coast Guard to recognize + and monitor port inspection programs of foreign governments; + (3) identification and review of the actions the Coast + Guard takes to address any deficiencies it observes during + visits at foreign ports; + (4) identify and review the benchmarks of the Coast Guard + for measuring the effectiveness of the program; and + (5) review of the extent to which the Coast Guard and + United States Customs and Border Protection coordinate efforts + to screen and inspect cargo at foreign ports. + +SEC. 9417. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT + ON SURGE CAPACITY OF THE COAST GUARD. + + (a) GAO Report.--Not later than 60 days after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Commerce, Science, and Transportation +of the Senate and the Committee on Transportation and Infrastructure of +the House of Representatives a report setting for the results of a +comprehensive review, conducted by the Comptroller General for purposes +of the report, on the surge capacity of the Coast Guard to respond to a +catastrophic incident (such as a hurricane), including the findings, +and any recommendations for improvement, of the Comptroller General. + (b) Required Elements of Review.--The review required under +subsection (a) shall include-- + (1) a description and review of each Coast Guard deployment + in response to a catastrophic incident after 2005; + (2) identification of best practices informed by the + deployments described in paragraph (1); + (3) a review of the ability of the surge force of the Coast + Guard to meet the demands of the response roles in which it was + serving during each deployment described in paragraph (1); + (4) identification of any statutory or regulatory + impediments, such as adaptability, planning, training, + mobilization, or information and resource integration, to the + surge capacity of the Coast Guard in response to a catastrophic + incident; + (5) review of the impacts of a surge of the Coast Guard in + response to a catastrophic incident on the capacity of the + Coast Guard to perform its statutory missions; + (6) review of the capability of the Coast Guard to surge in + response to concurrent or subsequent catastrophic incidents; + and + (7) review and description of existing voluntary and + involuntary deployments of Coast Guard personnel and assets in + support of a United States Customs and Border Protection + response to a national emergency (as defined in Presidential + Proclamation 9844) on the surge capacity of the Coast Guard in + the event of a catastrophic incident. + (c) Definitions.--In this section, the terms ``catastrophic +incident'' and ``surge capacity'' have the meaning given such terms in +section 602 of the Post-Katrina Emergency Management Reform Act of 2006 +(6 U.S.C. 701). + +SEC. 9418. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT + ON MARINE INSPECTIONS PROGRAM OF COAST GUARD. + + (a) GAO Report.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Commerce, Science, and Transportation +of the Senate and the Committee on Transportation and Infrastructure of +the House of Representatives a report setting forth the results of a +comprehensive review, conducted by the Comptroller General for purposes +of the report, on the marine inspections program of the Coast Guard, +including the findings, and any recommendations for improvement of the +program, of the Comptroller General. + (b) Required Elements of Review.--The review required under +subsection (a) shall include-- + (1) an analysis of the demand for marine inspectors; + (2) an identification of the number of fully qualified + marine inspectors; + (3) a determination of whether the number of marine + inspectors identified in paragraph (2) is sufficient to meet + the demand described in paragraph (1); + (4) a review of the enlisted marine inspector workforce + compared to the civilian marine inspector workforce and whether + there is any discernable distinction or impact between such + workforces in the performance of the marine safety mission; + (5) an evaluation of the training continuum of marine + inspectors; + (6) a description and review of what actions, if any, the + Coast Guard is taking to adapt to the current rise in United + States export of crude oil and other fuels, such as + implementing a safety inspection regime for barges; and + (7) an analysis of extending tours of duty for marine + inspectors and increasing the number of civilian marine + inspectors. + +SEC. 9419. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT + ON INFORMATION TECHNOLOGY PROGRAM OF COAST GUARD. + + (a) GAO Report.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Comptroller General of the + United States shall submit to the Committee on Commerce, + Science, and Transportation of the Senate and the Committee on + Transportation and Infrastructure of the House of + Representatives a report setting forth the results of a + comprehensive review, conducted by the Comptroller General for + purposes of the report, on the Coast Guard Command, Control, + Communications, Computers, Cyber, and Intelligence Service + Center, including the findings, and any recommendations for + improvement of the program, of the Comptroller General. + (2) Required elements of review.--The review required under + paragraph (1) shall include-- + (A) analysis of how the Coast Guard manages its + information technology program, including information + technology acquisitions, to meet its various mission + needs and reporting requirements; + (B) analysis of the adequacy of the physical + information technology infrastructure within Coast + Guard districts, including network infrastructure, for + meeting mission needs and reporting requirements; + (C) analysis of whether and, if so, how the Coast + Guard-- + (i) identifies and satisfies any knowledge + and skill requirements; and + (ii) recruits, trains, and develops its + information technology personnel; + (D) analysis of whether and, if so, how the Coast + Guard separates information technology from operational + technology for cybersecurity purposes; + (E) analysis of how the Coast Guard intends to + update its Marine Information for Safety and Law + Enforcement system, personnel, accounting and other + databases, and implement an electronic health records + system; and + (F) analysis of the goals and acquisition + strategies for all proposed Coast Guard enterprise-wide + cloud computing service procurements. + (b) Review on Cloud Computing.--Not later than 180 days after the +date of the enactment of this Act, the Commandant shall submit to the +Committee on Transportation and Infrastructure of the House of +Representatives and the Committee on Commerce, Science, and +Transportation of the Senate a detailed description of the Coast +Guard's strategy to implement cloud computing for the entire Coast +Guard, including-- + (1) the goals and acquisition strategies for all proposed + enterprise-wide cloud computing service procurements; + (2) a strategy to sustain competition and innovation + throughout the period of performance of each contract for + procurement of cloud-computing goods and services for the Coast + Guard, including defining opportunities for multiple cloud- + service providers and insertion of new technologies; + (3) an assessment of potential threats and security + vulnerabilities of the strategy, and plans to mitigate such + risks; and + (4) an estimate of the cost and timeline to implement cloud + computing service for all Coast Guard computing. + +SEC. 9420. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON + ACCESS TO HEALTH CARE BY MEMBERS OF COAST GUARD AND + DEPENDENTS. + + (a) Study.-- + (1) In general.--The Comptroller General of the United + States shall conduct a study that examines access to, + experience with, and needs under the TRICARE program of members + of the Coast Guard and their dependents. + (2) Elements.--The study conducted under paragraph (1) + shall analyze the following: + (A) The record of the TRICARE program in meeting + the standards for care for primary and specialty care + for members of the Coast Guard and dependents of those + members, including members stationed in remote units. + (B) The accuracy and update periodicity of lists of + providers under the TRICARE program in areas serving + Coast Guard families. + (C) The wait times under the TRICARE program for + appointments, specialty care, and referrals for members + of the Coast Guard and dependents of those members. + (D) The availability of providers under the TRICARE + program in remote locations, including providers for + mental health, juvenile specialty care, dental, and + female health. + (E) The access of members of the Coast Guard and + dependents of those members to services under the + TRICARE program in comparison to the access to such + services by personnel of the Department of Defense and + dependents of such personnel. + (F) The liaison assistance between members of the + Coast Guard and dependents of those members and the + TRICARE program provided by the Coast Guard in + comparison to such assistance provided by the + Department of Defense. + (G) How delayed access to care, timeliness of care, + and distance traveled to care may impact personnel + readiness of members of the Coast Guard. + (H) The regions particularly impacted by lack of + access to care and recommendations to address those + access issues. + (b) Report.--Not later than 1 year after the date of the enactment +of this Act, the Comptroller General shall submit to the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives a +report containing the findings, conclusions, and recommendations to +improve access to quality, timely, and effective health care for +members of the Coast Guard and dependents of those members from the +study required under subsection (a). + (c) Definitions.--In this section, the terms ``dependent'' and +``TRICARE program'' have the meanings given such terms in section 1072 +of title 10, United States Code. + +SEC. 9421. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON + MEDICAL STAFFING STANDARDS AND NEEDS FOR COAST GUARD. + + (a) Study.-- + (1) In general.--The Comptroller General of the United + States shall conduct a study that examines the health care + system of the Coast Guard. + (2) Elements.--The study conducted under paragraph (1) + shall analyze the following: + (A) The billets in clinics of the Coast Guard, + whether for personnel of the Coast Guard or otherwise, + including the number of billets, vacancies, and length + of vacancies. + (B) The wait times for patients to attain an + appointment for urgent care, routine physician care, + and dental care. + (C) The impact of billet vacancies on such wait + times. + (D) The ability of the Coast Guard to use other + medical personnel of the Department of Defense, + including physicians and physician assistants, to fill + provider vacancies for the Coast Guard. + (E) The barriers, if any, to improving coordination + and access to physicians within the health care system + of the Department of Defense. + (F) The accessibility and availability of + behavioral health medical personnel at clinics of the + Coast Guard, including personnel available for family + counseling, therapy, and other needs. + (G) The staffing models of clinics of the Coast + Guard, including recommendations to modernize such + models. + (H) The locations and needs of Coast Guard units + with or without clinics. + (I) How access to care models for members of the + Coast Guard are managed, including models with respect + to the time and distance traveled to receive care, the + cost of that travel, and alternate options to secure + care quickly and efficiently for members serving in + units without a clinic. + (b) Report.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Comptroller General shall submit + to the Committee on Commerce, Science, and Transportation of + the Senate and the Committee on Transportation and + Infrastructure of the House of Representatives a report + containing the findings, conclusions, and recommendations from + the study required under subsection (a). + (2) Elements.--The report submitted under paragraph (1) + shall include the following: + (A) An identification of the number of members of + the Coast Guard and types of units of the Coast Guard + serviced by the health care system of the Coast Guard. + (B) An assessment of the ability of the Coast Guard + to conduct medical support at outlying units, including + remote units. + (C) An assessment of the capacity of the Coast + Guard to support surge operations using historical data + from the 10-year period preceding the date of the + report. + (D) An assessment of the impact to operations of + the Coast Guard by extended wait times or travel times + to receive care or other issues identified by the + report. + (c) Recommendations.--Not later than 90 days after the date on +which the report is submitted under subsection (b), the Commandant +shall submit to the Committee on Commerce, Science, and Transportation +of the Senate and the Committee on Transportation and Infrastructure of +the House of Representatives written recommendations for medical +staffing standards for the Coast Guard based on each finding and +conclusion contained in the report, including recommendations for +health service technicians, flight surgeons, physician assistants, +dentists, dental hygienists, family advocate services, pharmacists, and +administrators, and other recommendations, as appropriate. + +SEC. 9422. REPORT ON FAST RESPONSE CUTTERS, OFFSHORE PATROL CUTTERS, + AND NATIONAL SECURITY CUTTERS. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Commandant shall submit to the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives a +report on the combination of Fast Response Cutters, Offshore Patrol +Cutters, and National Security Cutters necessary to carry out Coast +Guard missions. + (b) Elements.--The report required by subsection (a) shall +include-- + (1) an updated cost estimate for each type of cutter + described in such subsection; and + (2) a cost estimate for a Sensitive Compartmented + Information Facility outfitted to manage data in a manner + equivalent to the National Security Cutter Sensitive + Compartmented Information Facilities. + + Subtitle E--Coast Guard Academy Improvement Act + +SEC. 9501. SHORT TITLE. + + This subtitle may be cited as the ``Coast Guard Academy Improvement +Act''. + +SEC. 9502. COAST GUARD ACADEMY STUDY. + + (a) In General.--The Secretary of the department in which the Coast +Guard is operating shall seek to enter into an arrangement with the +National Academy of Public Administration not later than 60 days after +the date of the enactment of the this Act under which the National +Academy of Public Administration shall-- + (1) conduct an assessment of the cultural competence of the + Coast Guard Academy as an organization and of individuals at + the Coast Guard Academy to carry out effectively the primary + duties of the United States Coast Guard listed in section 102 + of title 14, United States Code, when interacting with + individuals of different races, ethnicities, genders, + religions, sexual orientations, socioeconomic backgrounds, or + from different geographic origins; and + (2) issue recommendations based upon the findings in such + assessment. + (b) Assessment of Cultural Competence.-- + (1) Cultural competence of the coast guard academy.--The + arrangement described in subsection (a) shall require the + National Academy of Public Administration to, not later than 1 + year after entering into an arrangement with the Secretary + under subsection (a), submit to the Committee on Transportation + and Infrastructure of the House of Representatives and the + Committee on Commerce, Science, and Transportation of the + Senate the assessment described under subsection (a)(1). + (2) Assessment scope.--The assessment described under + subsection (a)(1) shall-- + (A) describe the level of cultural competence + described in subsection (a)(1) based on the National + Academy of Public Administration's assessment of the + Coast Guard Academy's relevant practices, policies, and + structures, including an overview of discussions with + faculty, staff, students, and relevant Coast Guard + Academy affiliated organizations; + (B) examine potential changes which could be used + to further enhance such cultural competence by-- + (i) modifying institutional practices, + policies, and structures; and + (ii) any other changes deemed appropriate + by the National Academy of Public + Administration; and + (C) make recommendations to enhance the cultural + competence of the Coast Guard Academy described in + subparagraph (A), including any specific plans, + policies, milestones, performance measures, or other + information necessary to implement such + recommendations. + (c) Final Action Memorandum.--Not later than 6 months after +submission of the assessment under subsection (b)(1), the Commandant of +the Coast Guard shall submit to the Committee on Transportation and +Infrastructure of the House of Representatives and the Committee on +Commerce, Science, and Transportation of the Senate, a final action +memorandum in response to all recommendations contained in the +assessment. The final action memorandum shall include the rationale for +accepting, accepting in part, or rejecting each recommendation, and +shall specify, where applicable, actions to be taken to implement such +recommendations, including an explanation of how each action enhances +the ability of the Coast Guard to carry out the primary duties of the +United States Coast Guard listed in section 102 of title 14, United +States Code. + (d) Plan.-- + (1) In general.--Not later than 6 months after the date of + the submission of the final action memorandum required under + subsection (c), the Commandant, in coordination with the Chief + Human Capital Officer of the Department of Homeland Security, + shall submit a plan to carry out the recommendations or the + parts of the recommendations accepted in the final action + memorandum to the Committee on Transportation and + Infrastructure of the House of Representatives and the + Committee on Commerce, Science, and Transportation of the + Senate. + (2) Strategy with milestones.--If any recommendation or + parts of recommendations accepted in the final action + memorandum address any of the following actions, then the plan + required in paragraph (1) shall include a strategy with + appropriate milestones to carry out such recommendations or + parts of recommendations: + (A) Improve outreach and recruitment of a more + diverse Coast Guard Academy cadet candidate pool based + on race, ethnicity, gender, religion, sexual + orientation, socioeconomic background, and geographic + origin. + (B) Modify institutional structures, practices, and + policies to foster a more diverse cadet corps body, + faculty, and staff workforce based on race, ethnicity, + gender, religion, sexual orientation, socioeconomic + background, and geographic origin. + (C) Modify existing or establish new policies and + safeguards to foster the retention of cadets, faculty, + and staff of different races, ethnicities, genders, + religions, sexual orientations, socioeconomic + backgrounds, and geographic origins at the Coast Guard + Academy. + (D) Restructure the admissions office of the Coast + Guard Academy to be headed by a civilian with + significant relevant higher education recruitment + experience. + (3) Implementation.--Unless otherwise directed by an Act of + Congress, the Commandant shall begin implementation of the plan + developed under this subsection not later than 180 days after + the submission of such plan to Congress. + (4) Update.--The Commandant shall include in the first + annual report required under chapter 51 of title 14, United + States Code, as amended by this division, submitted after the + date of enactment of this section, the strategy with milestones + required in paragraph (2) and shall report annually thereafter + on actions taken and progress made in the implementation of + such plan. + +SEC. 9503. ANNUAL REPORT. + + Chapter 51 of title 14, United States Code, is further amended by +adding at the end the following: +``Sec. 5111. Report on diversity at Coast Guard Academy + ``(a) In General.--Not later than January 15, 2021, and annually +thereafter, the Commandant shall submit a report on diversity at the +Coast Guard Academy to the Committee on Transportation and +Infrastructure of the House of Representatives and the Committee on +Commerce, Science, and Transportation of the Senate. + ``(b) Contents.--The report required under subsection (a) shall +include-- + ``(1) the status of the implementation of the plan required + under section 9502 of the Elijah E. Cummings Coast Guard + Authorization Act of 2020; + ``(2) specific information on outreach and recruitment + activities for the preceding year, including the effectiveness + of the Coast Guard Academy minority outreach team program + described under section 1905 and of outreach and recruitment + activities in the territories and other possessions of the + United States; + ``(3) enrollment information about the incoming class, + including the gender, race, ethnicity, religion, socioeconomic + background, and State of residence of Coast Guard Academy + cadets; + ``(4) information on class retention, outcomes, and + graduation rates, including the race, gender, ethnicity, + religion, socioeconomic background, and State of residence of + Coast Guard Academy cadets; + ``(5) information on efforts to retain diverse cadets, + including through professional development and professional + advancement programs for staff and faculty; and + ``(6) a summary of reported allegations of discrimination + on the basis of race, color, national origin, sex, gender, or + religion for the preceding 5 years.''. + +SEC. 9504. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES. + + (a) In General.--The Secretary of the department in which the Coast +Guard is operating shall seek to enter into an arrangement with the +National Academy of Public Administration under which the National +Academy of Public Administration shall, not later than 1 year after +submitting an assessment under section 9502(a), submit to the Committee +on Transportation and Infrastructure of the House of Representatives +and the Committee on Commerce, Science, and Transportation of the +Senate an assessment of the Coast Guard Academy admissions process. + (b) Assessment Scope.--The assessment required to be sought under +subsection (a) shall, at a minimum, include-- + (1) a study, or an audit if appropriate, of the process the + Coast Guard Academy uses to-- + (A) identify candidates for recruitment; + (B) recruit applicants; + (C) assist applicants in the application process; + (D) evaluate applications; and + (E) make admissions decisions; + (2) discussion of the consideration during the admissions + process of diversity, including-- + (A) race; + (B) ethnicity; + (C) gender; + (D) religion; + (E) sexual orientation; + (F) socioeconomic background; and + (G) geographic origin; + (3) an overview of the admissions processes at other + Federal service academies, including-- + (A) discussion of consideration of diversity, + including any efforts to attract a diverse pool of + applicants, in those processes; and + (B) an analysis of how the congressional + nominations requirement in current law related to + military service academies and the Merchant Marine + Academy impacts those processes and the overall + demographics of the student bodies at those academies; + (4) a determination regarding how a congressional + nominations requirement for Coast Guard Academy admissions + could impact diversity among the student body and the ability + of the Coast Guard to carry out effectively the Service's + primary duties described in section 102 of title 14, United + States Code; and + (5) recommendations for improving Coast Guard Academy + admissions processes, including whether a congressional + nominations process should be integrated into such processes. + +SEC. 9505. COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM. + + (a) In General.--Chapter 19 of title 14, United States Code, is +further amended by inserting after section 1904 (as amended by this +division) the following: +``Sec. 1905. Coast Guard Academy minority outreach team program + ``(a) In General.--There is established within the Coast Guard +Academy a minority outreach team program (in this section referred to +as the `Program' ) under which officers, including minority officers +and officers from territories and other possessions of the United +States, who are Academy graduates may volunteer their time to recruit +minority students and strengthen cadet retention through mentorship of +cadets. + ``(b) Administration.--Not later than January 1, 2021, the +Commandant, in consultation with Program volunteers and Academy alumni +that participated in prior programs at the Academy similar to the +Program, shall appoint a permanent civilian position at the Academy to +administer the Program by, among other things-- + ``(1) overseeing administration of the Program; + ``(2) serving as a resource to volunteers and outside + stakeholders; + ``(3) advising Academy leadership on recruitment and + retention efforts based on recommendations from volunteers and + outside stakeholders; + ``(4) establishing strategic goals and performance metrics + for the Program with input from active volunteers and Academy + leadership; and + ``(5) reporting annually to the Commandant on academic year + and performance outcomes of the goals for the Program before + the end of each academic year.''. + (b) Clerical Amendment.--The analysis for chapter 19 of title 14, +United States Code, is further amended by inserting after the item +relating to section 1904 (as amended by this division) the following: + +``1905. Coast Guard Academy minority outreach team program.''. + +SEC. 9506. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING INITIATIVE. + + (a) In General.--Subchapter I of chapter 21 of title 14, United +States Code, is further amended by adding at the end the following: +``Sec. 2131. College student pre-commissioning initiative + ``(a) In General.--There is authorized within the Coast Guard a +college student pre-commissioning initiative program (in this section +referred to as the `Program' ) for eligible undergraduate students to +enlist and receive a guaranteed commission as an officer in the Coast +Guard. + ``(b) Criteria for Selection.--To be eligible for the Program a +student must meet the following requirements upon submitting an +application: + ``(1) Age.--A student must be not less than 19 years old + and not more than 27 years old as of September 30 of the fiscal + year in which the Program selection panel selecting such + student convenes. + ``(2) Character.-- + ``(A) All applicants.--All applicants must be of + outstanding moral character and meet other character + requirements as set forth by the Commandant. + ``(B) Coast guard applicants.--An applicant serving + in the Coast Guard may not be commissioned if in the 36 + months prior to the first Officer Candidate School + class convening date in the selection cycle, such + applicant was convicted by a court-martial or awarded + nonjudicial punishment, or did not meet performance or + character requirements set forth by the Commandant. + ``(3) Citizenship.--A student must be a United States + citizen. + ``(4) Clearance.--A student must be eligible for a secret + clearance. + ``(5) Dependency.-- + ``(A) In general.--A student may not have more than + 2 dependents. + ``(B) Sole custody.--A student who is single may + not have sole or primary custody of dependents. + ``(6) Education.-- + ``(A) Institution.--A student must be an + undergraduate sophomore or junior-- + ``(i) at a historically Black college or + university described in section 322(2) of the + Higher Education Act of 1965 (20 U.S.C. + 1061(2)) or an institution of higher education + described in section 371(a) of the Higher + Education Act of 1965 (20 U.S.C. 1067q(a)); or + ``(ii) an undergraduate sophomore or junior + enrolled at an institution of higher education + (as defined in section 101 of the Higher + Education Act of 1965 (20 U.S.C. 1001)) that, + at the time of application of the sophomore or + junior, has had for 3 consecutive years an + enrollment of undergraduate full-time + equivalent students (as defined in section + 312(e) of such Act (20 U.S.C. 1058(e))) that is + a total of at least 50 percent Black American, + Hispanic, Asian American (as defined in section + 371(c) of such Act (20 U.S.C. 1067q(c))), + Native American Pacific Islander (as defined in + such section), or Native American (as defined + in such section), among other criteria, as + determined by the Commandant. + ``(B) Location.--The institution at which such + student is an undergraduate must be within 100 miles of + a Coast guard unit or Coast Guard Recruiting Office + unless otherwise approved by the Commandant. + ``(C) Records.--A student must meet credit and + grade point average requirements set forth by the + Commandant. + ``(7) Medical and administrative.--A student must meet + other medical and administrative requirements as set forth by + the Commandant. + ``(c) Enlistment and Obligation.--Individuals selected and accept +to participate in the Program shall enlist in the Coast Guard in pay +grade E-3 with a 4-year duty obligation and 4-year inactive Reserve +obligation. + ``(d) Military Activities Prior to Officer Candidate School.-- +Individuals enrolled in the Program shall participate in military +activities each month, as required by the Commandant, prior to +attending Officer Candidate School. + ``(e) Participation in Officer Candidate School.--Each graduate of +the Program shall attend the first enrollment of Officer Candidate +School that commences after the date of such graduate's graduation. + ``(f) Commissioning.--Upon graduation from Officer Candidate +School, Program graduates shall be discharged from enlisted status and +commissioned as an O-1 with an initial 3-year duty obligation. + ``(g) Briefing.-- + ``(1) In general.--Not later than August 15 of each year, + the Commandant shall provide a briefing to the Committee on + Transportation and Infrastructure of the House of + Representatives and the Committee on Commerce, Science, and + Transportation of the Senate on the Program. + ``(2) Contents.--The briefing required under paragraph (1) + shall describe-- + ``(A) outreach and recruitment efforts over the + previous year; and + ``(B) demographic information of enrollees + including-- + ``(i) race; + ``(ii) ethnicity; + ``(iii) gender; + ``(iv) geographic origin; and + ``(v) educational institution.''. + (b) Clerical Amendment.--The analysis chapter 21 of title 14, +United States Code, is amended by inserting after the item relating to +section 2130 (as added by this division) the following: + +``2131. College student pre-commissioning initiative.''. + +SEC. 9507. ANNUAL BOARD OF VISITORS. + + Section 1903(d) of title 14, United States Code, is amended-- + (1) by redesignating paragraphs (2) through (6) as + paragraphs (3) through (7), respectively; and + (2) by inserting after paragraph (1) the following: + ``(2) recruitment and retention, including diversity, + inclusion, and issues regarding women specifically;''. + +SEC. 9508. HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM + AT COAST GUARD ACADEMY. + + (a) In General.--Subtitle E of title VIII of the Homeland Security +Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the +following: + +``SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM. + + ``To enhance the Department's cybersecurity capacity, the Secretary +may establish a rotational research, development, and training program +for-- + ``(1) detail to the Cybersecurity and Infrastructure + Security Agency (including the national cybersecurity and + communications integration center authorized by section 2209) + of Coast Guard Academy graduates and faculty; and + ``(2) detail to the Coast Guard Academy, as faculty, of + individuals with expertise and experience in cybersecurity who + are employed by-- + ``(A) the Agency (including the center); + ``(B) the Directorate of Science and Technology; or + ``(C) institutions that have been designated by the + Department as a Center of Excellence for Cyber Defense, + or the equivalent.''. + (b) Clerical Amendment.--The table of contents in section 1(b) of +the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by +adding at the end of the items relating to subtitle E of such Act the +following: + +``Sec. 846. Rotational cybersecurity research program.''. + + Subtitle F--Other Matters + +SEC. 9601. STRATEGY ON LEADERSHIP OF COAST GUARD. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the department in which the +Coast Guard is operating shall develop and make available to the public +a strategy to improve leadership development in the Coast Guard, +including mechanisms to address counterproductive leadership in the +Coast Guard. + (b) Elements.--The strategy shall include the following: + (1) Mechanisms to foster positive and productive leadership + qualities in emerging Coast Guard leaders, beginning, at + minimum, members at grade O-2 for officers, members at grade E- + 6 for enlisted members, and members training to become an + officer in charge. + (2) Mechanisms for the ongoing evaluation of unit + commanders, including identification of counterproductive + leadership qualities in commanders. + (3) Formal training on the recognition of counterproductive + leadership qualities (in self and others), including at + leadership seminars and school houses in the Coast Guard, + including means to correct such qualities. + (4) Clear and transparent policies on standards for command + climate, leadership qualities, and inclusion. + (5) Policy to ensure established and emerging leaders have + access to hands-on training and tools to improve diversity and + inclusion. + (6) Policy and procedures for commanders to identify and + hold accountable counterproductive leaders. + (c) Counterproductive Leadership Defined.--In this section, the +term ``counterproductive leadership'' has the meaning given that term +for purposes of Army Doctrine Publication 6-22. + +SEC. 9602. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT; DEPENDENTS OF + MEMBERS OF THE COAST GUARD. + + Not later than 180 days after the date of the enactment of this +Act, the Commandant shall establish a policy to allow the transfer of a +member of the Coast Guard whose dependent is the victim of sexual +assault perpetrated by a member of the Armed Forces who is not related +to the victim. + +SEC. 9603. ACCESS TO RESOURCES DURING CREOSOTE-RELATED BUILDING + CLOSURES AT COAST GUARD BASE SEATTLE, WASHINGTON. + + (a) In General.--With respect to the creosote-related building +closures at Coast Guard Base Seattle, Washington, the Commandant shall, +to the maximum extent practicable, enter into 1 or more agreements or +otherwise take actions to secure access to resources, including a gym, +that are not otherwise available to members of the Coast Guard during +such closures. + (b) Briefing.--Not later than 60 days after the date of the +enactment of this Act, the Commandant shall brief Congress with respect +to actions taken by the Commandant to comply with subsection (a). + +SEC. 9604. SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT. + + (a) Report and Action Plan on Orca Enforcement Opportunities.--Not +later than 180 days after the date of the enactment of this Act, the +Commandant, in consultation with the Under Secretary of Commerce for +Oceans and Atmosphere, shall submit to Congress a report on Coast Guard +efforts to enforce southern resident orca vessel buffer zones and other +vessel-related regulations in Puget Sound in coordination with existing +Coast Guard fisheries enforcement, maritime domain awareness, the Be +Whale Wise campaign, and other related missions. Such report shall +include recommendations on what resources, appropriations, and assets +are needed to meet orca conservation and related fisheries enforcement +targets in the 13th Coast Guard District within 1 year of the date of +enactment of this Act. + (b) Southern Resident Orcas.--The Commandant, in coordination with +the Under Secretary of Commerce for Oceans and Atmosphere, shall +undertake efforts to reduce vessel noise impacts on Southern resident +orcas in Puget Sound, the Salish Sea, and the Strait of Juan de Fuca. + (c) Program.-- + (1) In general.--The Commandant shall-- + (A) support the development, implementation, and + enforcement of commercial vessel noise reduction + measures that are technically feasible and economically + achievable; + (B) establish procedures for timely communication + of information to commercial vessel operators regarding + orca sightings in Puget Sound and make navigational + safety recommendations in accordance with the + Cooperative Vessel Traffic Service Agreement; and + (C) collaborate on studies or trials analyzing + vessel noise impacts on Southern resident orcas. + (2) Vessel noise impacts.--The Undersecretary of Commerce + for Oceans and Atmosphere shall assess vessel noise impacts on + Southern resident orcas in the program area and make + recommendations to reduce that noise and noise related impacts + to Southern resident orcas to the Commandant. + (3) Coordination.--In carrying out this section, the + Commandant shall coordinate with Canadian agencies affiliated + with the Enhancing Cetacean Habitat and Observation (ECHO) + program and other international organizations as appropriate. + (4) Consultation.--In carrying out this section, the + Commandant and the Undersecretary of Commerce for Oceans and + Atmosphere shall consult with State, local, and Tribal + governments and maritime industry and conservation stakeholders + including ports, higher education institutions, and + nongovernmental organizations. + +SEC. 9605. SENSE OF CONGRESS AND REPORT ON IMPLEMENTATION OF POLICY ON + ISSUANCE OF WARRANTS AND SUBPOENAS AND WHISTLEBLOWER + PROTECTIONS BY AGENTS OF THE COAST GUARD INVESTIGATIVE + SERVICE. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) Coast Guard components with investigative authority + should exercise such authority with due respect for the rights + of whistleblowers; and + (2) the Commandant should-- + (A) ensure compliance with the legal requirements + intended to protect whistleblowers; + (B) seek to shield the disclosure of the identities + of whistleblowers; and + (C) create an environment in which whistleblowers + do not fear reprisal for reporting misconduct. + (b) Report Required.--Not later than 120 days after the date of the +enactment of this Act, the Commandant shall submit to the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives a +report on the policy of the Coast Guard on the issuance of warrants and +subpoenas and whistleblower protections by agents of the Coast Guard +Investigative Service. + (c) Elements.--The report required by subsection (b) shall include +the following: + (1) A discussion of current and any new policy of the Coast + Guard on the issuance of warrants and subpoenas and + whistleblower protections by agents of the Coast Guard + Investigative Service, including Coast Guard Investigative + Service Criminal Investigation Operating Procedure CIOP 2019- + 02, and the differences between such current policies and new + policies. + (2) A plan (including milestones) for the implementation of + the following: + (A) Incorporation of Coast Guard Investigative + Service Criminal Investigation Operating Procedure CIOP + 2019-02 into the next revision of the relevant Coast + Guard investigative manual. + (B) Training on the policy described in paragraph + (1) for the following: + (i) Agents and legal counsel of the Coast + Guard Investigative Service. + (ii) Personnel of the Office of General + Law. + (iii) Relevant Coast Guard headquarters + personnel. + (iv) Such other Coast Guard personnel as + the Commandant considers appropriate. + +SEC. 9606. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY + ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the inspector general of the department in which +the Coast Guard is operating shall conduct a study and develop +recommendations on the need to separate Equal Opportunity Advisors and +Equal Employment Opportunity Specialists, as practicable, through the +pre-complaint and formal discrimination complaint processes, for the +complainant, the opposing party, and the commanding officers and +officers in charge. + (b) Briefing.--Not later than 30 days after the completion of the +study required by subsection (a), the Commandant shall brief the +Committee on Commerce, Science, and Transportation of the Senate and +the Committee on Transportation and Infrastructure of the House of +Representatives on the manner in which the Coast Guard plans to +implement the recommendations developed as a result of the study. + +SEC. 9607. INSIDER THREAT PROGRAM. + + Not later than 180 days after the date of the enactment of this +Act, the Commandant shall brief the Committee on Transportation and +Infrastructure of the House of Representatives and the Committee on +Commerce, Science, and Transportation of the Senate on a plan to expand +the Coast Guard Insider Threat Program to include the monitoring of all +Coast Guard devices, including mobile devices. + + TITLE III--MARITIME + + Subtitle A--Navigation + +SEC. 10101. ELECTRONIC CHARTS; EQUIVALENCY. + + (a) Requirements.--Section 3105(a)(1) of title 46, United States +Code, is amended to read as follows: + ``(1) Electronic charts in lieu of marine charts, charts, + and maps.--Subject to paragraph (2), the following vessels, + while operating on the navigable waters of the United States, + equipped with and operating electronic navigational charts that + are produced by a government hydrographic office or conform to + a standard acceptable to the Secretary, shall be deemed in + compliance with any requirement under title 33 or title 46, + Code of Federal Regulations, to have a chart, marine chart, or + map on board such vessel: + ``(A) A self-propelled commercial vessel of at + least 65 feet in overall length. + ``(B) A vessel carrying more than a number of + passengers for hire determined by the Secretary. + ``(C) A towing vessel of more than 26 feet in + overall length and 600 horsepower. + ``(D) Any other vessel for which the Secretary + decides that electronic charts are necessary for the + safe navigation of the vessel.''. + (b) Exemptions and Waivers.--Section 3105(a)(2) of title 46, United +States Code, is amended-- + (1) in subparagraph (A), by striking ``operates; and'' and + inserting ``operates;''; + (2) in subparagraph (B), by striking ``those waters.'' and + inserting ``those waters; and''; and + (3) by adding at the end the following: + ``(C) permit vessels described in subparagraphs (A) + through (D) of paragraph (1) that operate solely + landward of the baseline from which the territorial sea + of the United States is measured to utilize software- + based, platform-independent electronic chart systems + that the Secretary determines are capable of displaying + electronic navigational charts with necessary scale and + detail to ensure safe navigation for the intended + voyage.''. + +SEC. 10102. SUBROGATED CLAIMS. + + (a) In General.--Section 1012(b) of the Oil Pollution Act of 1990 +(33 U.S.C. 2712(b)) is amended-- + (1) by striking ``The'' and inserting the following: + ``(1) In general.--The''; and + (2) by adding at the end the following: + ``(2) Subrogated rights.--Except for a guarantor claim + pursuant to a defense under section 1016(f)(1), Fund + compensation of any claim by an insurer or other indemnifier of + a responsible party or injured third party is subject to the + subrogated rights of that responsible party or injured third + party to such compensation.''. + (b) Effective Date.--This section and the amendments made by this +section shall take effect 180 days after the date of enactment of this +Act. + +SEC. 10103. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990. + + (a) In General.--Section 1013 of the Oil Pollution Act of 1990 (33 +U.S.C. 2713) is amended by striking subsection (f). + (b) Conforming Amendments.--Section 1012(a) of the Oil Pollution +Act of 1990 (33 U.S.C. 2712(a)) is amended-- + (1) in paragraph (4), by adding ``and'' after the semicolon + at the end; + (2) in paragraph (5)(D), by striking ``; and'' and + inserting a period; and + (3) by striking paragraph (6). + +SEC. 10104. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM. + + Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is +amended-- + (1) in subsection (c)-- + (A) in paragraph (1), by inserting ``, + technology,'' after ``research''; + (B) in paragraph (2)-- + (i) by striking ``this subsection'' and + inserting ``paragraph (1)''; and + (ii) by striking ``which are effective in + preventing or mitigating oil discharges and + which'' and inserting ``and methods that are + effective in preventing, mitigating, or + restoring damage from oil discharges and + that''; + (C) in paragraph (3) by striking ``this + subsection'' and inserting ``paragraph (1)'' each place + it appears; + (D) in subparagraph (A) of paragraph (4)-- + (i) by striking ``oil discharges. Such + program shall'' and inserting ``acute and + chronic oil discharges on coastal and marine + resources (including impacts on protected areas + such as sanctuaries) and protected species, and + such program shall''; + (ii) by redesignating clauses (iii) and + (iv) as clauses (iv) and (v), respectively; + (iii) by inserting after clause (ii) the + following: + ``(iii) Research to understand and quantify the + effects of sublethal impacts of oil discharge on living + natural marine resources, including impacts on pelagic + fish species, marine mammals, and commercially and + recreationally targeted fish and shellfish species.''; + and + (iv) by adding at the end the following: + ``(vi) Research to understand the long-term effects + of major oil discharges and the long-term effects of + smaller endemic oil discharges. + ``(vii) The identification of potential impacts on + ecosystems, habitat, and wildlife from the additional + toxicity, heavy metal concentrations, and increased + corrosiveness of mixed crude, such as diluted bitumen + crude. + ``(viii) The development of methods to restore and + rehabilitate natural resources and ecosystem functions + damaged by oil discharges.''; + (E) in paragraph (5) by striking ``this + subsection'' and inserting ``paragraph (1)''; + (F) by striking paragraph (7) and inserting the + following: + ``(7) Simulated environmental testing.-- + ``(A) In general.--Agencies represented on the + Interagency Committee shall ensure the long-term use + and operation of the Oil and Hazardous Materials + Simulated Environmental Test Tank (OHMSETT) Research + Center in New Jersey for oil pollution technology + testing and evaluations. + ``(B) Other testing facilities.--Nothing in + subparagraph (A) shall be construed as limiting the + ability of the Interagency Committee to contract or + partner with a facility or facilities other than the + Center described in subparagraph (A) for the purpose of + oil pollution technology testing and evaluations, + provided such a facility or facilities have testing and + evaluation capabilities equal to or greater than those + of such Center. + ``(C) In-kind contributions.-- + ``(i) In general.--The Secretary of the + department in which the Coast Guard is + operating and the Administrator of the + Environmental Protection Agency may accept + donations of crude oil and crude oil product + samples in the form of in-kind contributions + for use by the Federal Government for product + testing, research and development, and for + other purposes as the Secretary and the + Administrator determine appropriate. + ``(ii) Use of donated oil.--Oil accepted + under clause (i) may be used directly by the + Secretary and shall be provided to other + Federal agencies or departments through + interagency agreements to carry out the + purposes of this Act.''; + (G) in paragraph (8)-- + (i) in subparagraph (A), by striking + ``subsection (b)'' and inserting ``subsection + (d)''; and + (ii) in subparagraph (D)(iii), by striking + ``subsection (b)(1)(F)'' and inserting + ``subsection (d)''; and + (H) in paragraph (10)-- + (i) by striking ``this subsection'' and + inserting ``paragraph (1)''; + (ii) by striking ``agencies represented on + the Interagency Committee'' and inserting + ``Under Secretary''; + (iii) by inserting ``, and States and + Indian tribes'' after ``other persons''; and + (iv) by striking ``subsection (b)'' and + inserting ``subsection (d)''; + (2) in subsection (d), by striking ``subsection (b)'' and + inserting ``subsection (d)''; + (3) in subsection (e), by striking ``Chairman of the + Interagency Committee'' and inserting ``Chair''; + (4) in subsection (f), by striking ``subsection (c)(8)'' + each place it appears and inserting ``subsection (e)(8)''; + (5) by redesignating subsections (c) through (f) as + subsections (e) through (h), respectively; and + (6) by striking subsections (a) and (b) and inserting the + following: + ``(a) Definitions.--In this section-- + ``(1) the term `Chair' means the Chairperson of the + Interagency Committee designated under subsection (c)(2); + ``(2) the term `Commandant' means the Commandant of the + Coast Guard; + ``(3) the term `institution of higher education' means an + institution of higher education, as defined in section 101(a) + of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); + ``(4) the term `Interagency Committee' means the + Interagency Coordinating Committee on Oil Pollution Research + established under subsection (b); + ``(5) the term `Under Secretary' means the Under Secretary + of Commerce for Oceans and Atmosphere; and + ``(6) the term `Vice Chair' means the Vice Chairperson of + the Interagency Committee designated under subsection (c)(3). + ``(b) Establishment of Interagency Coordinating Committee on Oil +Pollution Research.-- + ``(1) Establishment.--There is established an Interagency + Coordinating Committee on Oil Pollution Research. + ``(2) Purpose.--The Interagency Committee shall coordinate + a comprehensive program of oil pollution research, technology + development, and demonstration among the Federal agencies, in + cooperation and coordination with industry, 4-year institutions + of higher education and research institutions, State + governments, and other nations, as appropriate, and shall + foster cost-effective research mechanisms, including the joint + funding of research. + ``(c) Membership.-- + ``(1) Composition.--The Interagency Committee shall be + composed of-- + ``(A) at least 1 representative of the Coast Guard; + ``(B) at least 1 representative of the National + Oceanic and Atmospheric Administration; + ``(C) at least 1 representative of the + Environmental Protection Agency; + ``(D) at least 1 representative of the Department + of the Interior; + ``(E) at least 1 representative of the Bureau of + Safety and Environmental Enforcement; + ``(F) at least 1 representative of the Bureau of + Ocean Energy Management; + ``(G) at least 1 representative of the United + States Fish and Wildlife Service; + ``(H) at least 1 representative of the Department + of Energy; + ``(I) at least 1 representative of the Pipeline and + Hazardous Materials Safety Administration; + ``(J) at least 1 representative of the Federal + Emergency Management Agency; + ``(K) at least 1 representative of the Navy; + ``(L) at least 1 representative of the Corps of + Engineers; + ``(M) at least 1 representative of the United + States Arctic Research Commission; and + ``(N) at least 1 representative of each of such + other Federal agencies as the President considers to be + appropriate. + ``(2) Chairperson.--The Commandant shall designate a + Chairperson from among the members of the Interagency Committee + selected under paragraph (1)(A). + ``(3) Vice chairperson.--The Under Secretary shall + designate a Vice Chairperson from among the members of the + Interagency Committee selected under paragraph (1)(B). + ``(4) Meetings.-- + ``(A) Quarterly meetings.--At a minimum, the + members of the Interagency Committee shall meet once + each quarter. + ``(B) Public summaries.--After each meeting, a + summary shall be made available by the Chair or Vice + Chair, as appropriate. + ``(d) Duties of the Interagency Committee.-- + ``(1) Research.--The Interagency Committee shall-- + ``(A) coordinate a comprehensive program of oil + pollution research, technology development, and + demonstration among the Federal agencies, in + cooperation and coordination with industry, 4-year + institutions of higher education and research + institutions, States, Indian tribes, and other + countries, as appropriate; and + ``(B) foster cost-effective research mechanisms, + including the joint funding of research and the + development of public-private partnerships for the + purpose of expanding research. + ``(2) Oil pollution research and technology plan.-- + ``(A) Implementation plan.--Not later than 180 days + after the date of enactment of the Elijah E. Cummings + Coast Guard Authorization Act of 2020, the Interagency + Committee shall submit to Congress a research plan to + report on the state of oil discharge prevention and + response capabilities that-- + ``(i) identifies current research programs + conducted by Federal agencies, States, Indian + tribes, 4-year institutions of higher + education, and corporate entities; + ``(ii) assesses the current status of + knowledge on oil pollution prevention, + response, and mitigation technologies and + effects of oil pollution on the environment; + ``(iii) identifies significant oil + pollution research gaps, including an + assessment of major technological deficiencies + in responses to past oil discharges; + ``(iv) establishes national research + priorities and goals for oil pollution + technology development related to prevention, + response, mitigation, and environmental + effects; + ``(v) assesses the research on the + applicability and effectiveness of the + prevention, response, and mitigation + technologies to each class of oil; + ``(vi) estimates the resources needed to + conduct the oil pollution research and + development program established pursuant to + subsection (e), and timetables for completing + research tasks; + ``(vii) summarizes research on response + equipment in varying environmental conditions, + such as in currents, ice cover, and ice floes; + and + ``(viii) includes such other information or + recommendations as the Interagency Committee + determines to be appropriate. + ``(B) Advice and guidance.-- + ``(i) National academy of sciences + contract.--The Chair, through the department in + which the Coast Guard is operating, shall + contract with the National Academy of Sciences + to-- + ``(I) provide advice and guidance + in the preparation and development of + the research plan; + ``(II) assess the adequacy of the + plan as submitted, and submit a report + to Congress on the conclusions of such + assessment; and + ``(III) provide organization + guidance regarding the implementation + of the research plan, including + delegation of topics and research among + Federal agencies represented on the + Interagency Committee. + ``(ii) NIST advice and guidance.--The + National Institute of Standards and Technology + shall provide the Interagency Committee with + advice and guidance on issues relating to + quality assurance and standards measurements + relating to its activities under this section. + ``(C) 10-year updates.--Not later than 10 years + after the date of enactment of the Elijah E. Cummings + Coast Guard Authorization Act of 2020, and every 10 + years thereafter, the Interagency Committee shall + submit to Congress a research plan that updates the + information contained in the previous research plan + submitted under this subsection.''. + +SEC. 10105. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE + CONTRACTS. + + (a) In General.--Subject to subsections (b) and (c), a contract for +the containment or removal of a discharge entered into by the President +under section 311(c) of the Federal Water Pollution Control Act (33 +U.S.C. 1321(c)) shall contain a provision to indemnify a contractor for +liabilities and expenses incidental to the containment or removal +arising out of the performance of the contract that is substantially +identical to the terms contained in subsections (d) through (h) of +section H.4 (except for paragraph (1) of subsection (d)) of the +contract offered by the Coast Guard in the solicitation numbered +DTCG89-98-A-68F953 and dated November 17, 1998. + (b) Requirements.-- + (1) Source of funds.--The provision required under + subsection (a) shall include a provision that the obligation to + indemnify is limited to funds available in the Oil Spill + Liability Trust Fund established by section 9509(a) of the + Internal Revenue Code of 1986 at the time the claim for + indemnity is made. + (2) Uncompensated removal.--A claim for indemnity under a + contract described in subsection (a) shall be made as a claim + for uncompensated removal costs under section 1012(a)(4) of the + Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)). + (3) Limitation.--The total indemnity for a claim under a + contract described in subsection (a) may not be more than + $50,000 per incident. + (c) Applicability of Exemptions.--Notwithstanding subsection (a), +the United States shall not be obligated to indemnify a contractor for +any act or omission of the contractor carried out pursuant to a +contract entered into under this section where such act or omission is +grossly negligent or which constitutes willful misconduct. + + Subtitle B--Shipping + +SEC. 10201. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS; + APPLICATION. + + Section 3507(k)(1) of title 46, United States Code, is amended-- + (1) in subparagraph (B), by adding ``and'' after the + semicolon at the end; + (2) in subparagraph (C), by striking ``; and'' and + inserting a period; and + (3) by striking subparagraph (D). + +SEC. 10202. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS. + + Section 12121 of title 46, United States Code, is amended-- + (1) in subsection (a)(1), by striking subparagraphs (A) and + (B) and inserting the following: + ``(A) was built in the United States; + ``(B) was not built in the United States and is at + least 3 years old; or + ``(C) if rebuilt, was rebuilt-- + ``(i) in the United States; or + ``(ii) outside the United States at least 3 + years before the certificate requested under + subsection (b) would take effect.''; and + (2) in subsection (b), by inserting ``12132,'' after + ``12113,''. + +SEC. 10203. NON-OPERATING INDIVIDUAL. + + (a) In General.--The Secretary of the department in which the Coast +Guard is operating shall not enforce section 8701 of title 46, United +States Code, with respect to the following: + (1) A vessel with respect to individuals, other than crew + members required by the Certificate of Inspection or to ensure + the safe navigation of the vessel and not a member of the + steward's department, engaged on board for the sole purpose of + carrying out spill response activities, salvage, marine + firefighting, or commercial diving business or functions from + or on any vessel, including marine firefighters, spill response + personnel, salvage personnel, and commercial divers and diving + support personnel. + (2) An offshore supply vessel, an industrial vessel (as + such term is defined in section 90.10-16 of title 46, Code of + Federal Regulations), or other similarly engaged vessel with + respect to persons engaged in the business of the ship on board + the vessel-- + (A) for-- + (i) supporting or executing the industrial + business or function of the vessel; + (ii) brief periods to conduct surveys or + investigations, assess crew competence, conduct + vessel trials, provide extraordinary security + resources, or similar tasks not traditionally + performed by the vessel crew; or + (iii) performing maintenance tasks on + equipment under warranty, or on equipment not + owned by the vessel owner, or maintenance + beyond the capability of the vessel crew to + perform; and + (B) not the master or crew members required by the + certificate of inspection and not a member of the + steward's department. + (b) Sunset.--The prohibition in subsection (a) shall terminate on +the date that is 2 years after the date of the enactment of this Act. + (c) Report.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Commandant shall submit to the + Committee on Commerce, Science, and Transportation of the + Senate and the Committee on Transportation and Infrastructure + of the House of Representatives a report detailing + recommendations to ensure that personnel working on a vessel + who perform work or operate equipment on such vessel not + related to the operation of the vessel itself undergo a + background check and the appropriate training necessary to + ensure personnel safety and the safety of the vessel's crew. + (2) Contents.--The report required under paragraph (1) + shall include, at a minimum, a discussion of-- + (A) options and recommendations for ensuring that + the individuals covered by subsection (a) are + appropriately screened to mitigate security and safety + risks, including to detect substance abuse; + (B) communication and collaboration between the + Coast Guard, the department in which the Coast Guard is + operating, and relevant stakeholders regarding the + development of processes and requirements for + conducting background checks and ensuring such + individuals receive basic safety familiarization and + basic safety training approved by the Coast Guard; + (C) any identified legislative changes necessary to + implement effective training and screening requirements + for individuals covered by subsection (a); and + (D) the timeline and milestones for implementing + such requirements. + +SEC. 10204. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY PERSONNEL. + + Chapter 701 of title 46, United States Code, is amended-- + (1) in section 70107-- + (A) in subsection (a), by striking ``law + enforcement personnel'' and inserting ``public safety + personnel''; + (B) in subsection (b)(8), by striking ``law + enforcement personnel--'' and inserting ``public safety + personnel--''; and + (C) in subsection (c)(2)(C), by striking ``law + enforcement agency personnel'' and inserting ``public + safety personnel''; and + (2) in section 70132-- + (A) in subsection (a), by striking ``law + enforcement personnel--'' and inserting ``public safety + personnel--''; + (B) in subsection (b), by striking ``law + enforcement personnel'' each place it appears and + inserting ``public safety personnel''; and + (C) by adding at the end the following: + ``(d) Public Safety Personnel Defined.--For the purposes of this +section, the term `public safety personnel' includes any Federal, State +(or political subdivision thereof), territorial, or Tribal law +enforcement officer, firefighter, or emergency response provider.''. + +SEC. 10205. MARITIME TRANSPORTATION ASSESSMENT. + + Section 55501(e) of title 46, United States Code, is amended-- + (1) in paragraph (2), by striking ``an assessment of the + condition'' and inserting ``a conditions and performance + analysis''; + (2) in paragraph (4), by striking ``; and'' and inserting a + semicolon; + (3) in paragraph (5), by striking the period and inserting + ``; and''; and + (4) by adding at the end the following: + ``(6) a compendium of the Federal programs engaged in the + maritime transportation system.''. + +SEC. 10206. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT. + + (a) In General.--Section 4312 of title 46, United States Code, is +amended-- + (1) by redesignating subsections (b), (c), and (d) as + subsections (c), (d), and (e), respectively; and + (2) by inserting after subsection (a) the following: + ``(b) Use Requirement.-- + ``(1) In general.--An individual operating a covered + recreational vessel shall use an engine cut-off switch link + while operating on plane or above displacement speed. + ``(2) Exceptions.--The requirement under paragraph (1) + shall not apply if-- + ``(A) the main helm of the covered vessel is + installed within an enclosed cabin; or + ``(B) the vessel does not have an engine cut-off + switch and is not required to have one under subsection + (a).''. + (b) Civil Penalty.--Section 4311 of title 46, United States Code, +is amended by-- + (1) redesignating subsections (c), (d), (e), (f), and (g) + as subsections (d), (e), (f), (g), and (h), respectively; and + (2) inserting after subsection (b) the following: + ``(c) A person violating section 4312(b) of this title is liable to +the United States Government for a civil penalty of not more than-- + ``(1) $100 for the first offense; + ``(2) $250 for the second offense; and + ``(3) $500 for any subsequent offense.''. + (c) Effective Date.--The amendments made in subsections (a) and (b) +shall take effect 90 days after the date of the enactment of this +section, unless the Commandant, prior to the date that is 90 days after +the date of the enactment of this section, determines that the use +requirement enacted in subsection (a) would not promote recreational +boating safety. + +SEC. 10207. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED UNINSPECTED + PASSENGER VESSEL REQUIREMENTS. + + Section 8905 of title 46, United States Code, is amended by adding +at the end the following: + ``(c) After consultation with the Governor of Alaska and the State +boating law administrator of Alaska, the Secretary may exempt an +individual operating a self-propelled uninspected passenger vessel from +the requirements of section 8903 of this title, if-- + ``(1) the individual only operates such vessel wholly + within waters located in Alaska; and + ``(2) such vessel is-- + ``(A) 26 feet or less in length; and + ``(B) carrying not more than 6 passengers.''. + +SEC. 10208. EXEMPTIONS AND EQUIVALENTS. + + (a) In General.--Section 4305 of title 46, United States Code, is +amended-- + (1) by striking the heading and inserting the following: +``Sec. 4305. Exemptions and equivalents''; + (2) by striking ``If the Secretary'' and inserting the + following: + ``(a) Exemptions.--If the Secretary''; and + (3) by adding at the end the following: + ``(b) Equivalents.--The Secretary may accept a substitution for +associated equipment performance or other safety standards for a +recreational vessel if the substitution provides an equivalent level of +safety.''. + (b) Clerical Amendment.--The analysis for chapter 43 of title 46, +United States Code, is amended by striking the item relating to section +4305 and inserting the following: + +``4305. Exemptions and equivalents.''. + +SEC. 10209. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS. + + Section 501(a) of title 46, United States Code, is amended-- + (1) by striking ``On request'' and inserting the following: + ``(1) In general.--On request''; and + (2) by adding at the end the following: + ``(2) Explanation.--Not later than 24 hours after making a + request under paragraph (1), the Secretary of Defense shall + submit to the Committees on Transportation and Infrastructure + and Armed Services of the House of Representatives and the + Committees on Commerce, Science, and Transportation and Armed + Services of the Senate a written explanation of the + circumstances requiring such a waiver in the interest of + national defense, including a confirmation that there are + insufficient qualified vessels to meet the needs of national + defense without such a waiver.''. + +SEC. 10210. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS. + + Not later than 60 days after the date of the enactment of this +Act, the Commandant shall provide to the Committee on Transportation +and Infrastructure of the House of Representatives and the Committee on +Commerce, Science, and Transportation of the Senate a briefing on the +Coast Guard's implementation of section 7106 of title 46, United States +Code-- + (1) an overview of the manner in which the Coast Guard + manages and processes renewal applications under such section, + including communication with the applicant regarding + application status; + (2) the number of applications received and approved over + the previous 2 years, or in the event applications were denied, + a summary detailing the reasons for such denial; + (3) an accounting of renewal applications filed up to 8 + months in advance of the expiration of a pre-existing license, + including the processing of such applications and communication + with the applicant regarding application status or any other + extenuating circumstances; and + (4) any other regulatory or statutory changes that would be + necessary to further improve the Coast Guard's issuance of + credentials to fully qualified mariners in the most effective + and efficient manner possible in order to ensure a safe, + secure, economically and environmentally sound marine + transportation system. + +SEC. 10211. CERTIFICATE EXTENSIONS. + + (a) In General.--Subchapter I of chapter 121 of title 46, United +States Code, is amended by adding at the end the following: +``Sec. 12108. Authority to extend duration of vessel certificates + ``(a) Certificates.--Provided a vessel is in compliance with +inspection requirements in section 3313, the Secretary of the +department in which in the Coast Guard is operating may, if the +Secretary makes the determination described in subsection (b), extend, +for a period of not more than 1 year, an expiring certificate of +documentation issued for a vessel under chapter 121. + ``(b) Determination.--The determination referred to in subsection +(a) is a determination that such extension is required to enable the +Coast Guard to-- + ``(1) eliminate a backlog in processing applications for + such certificates; or + ``(2) act in response to a national emergency or natural + disaster. + ``(c) Manner of Extension.--Any extension granted under this +section may be granted to individual vessels or to a specifically +identified group of vessels.''. + (b) Clerical Amendment.--The analysis for subchapter I of chapter +121 of title 46, United States Code, is amended by adding at the end +the following: + +``12108. Authority to extend duration of vessel certificates.''. + +SEC. 10212. VESSEL SAFETY STANDARDS. + + (a) Fishing Safety Training Grants Program.--Subsection (i) of +section 4502 of title 46, United States Code, is amended-- + (1) in paragraph (3), by striking ``50 percent'' and + inserting ``75 percent''; and + (2) in paragraph (4), by striking ``2019'' and inserting + ``2021''. + (b) Fishing Safety Research Grant Program.--Subsection (j) of such +section is amended-- + (1) in paragraph (3), by striking ``50 percent'' and + inserting ``75 percent''; and + (2) in paragraph (4), by striking ``2019'' and inserting + ``2021''. + (c) Fishing Safety Grants.--The cap on the Federal share of the +cost of any activity carried out with a grant under subsections (i) and +(j) of section 4502 of title 46, United States Code, as in effect prior +to the date of enactment of the Frank LoBiondo Coast Guard +Authorization Act of 2018, shall apply to any funds appropriated under +the Consolidated Appropriations Act, 2017 (Public Law 115-31) for the +purpose of making such grants. + +SEC. 10213. MEDICAL STANDARDS. + + (a) In General.--Chapter 35 of title 46, United States Code, is +amended by adding at the end the following: +``Sec. 3509. Medical standards + ``The owner of a vessel to which section 3507 applies shall ensure +that-- + ``(1) a physician is always present and available to treat + any passengers who may be on board the vessel in the event of + an emergency situation; + ``(2) the vessel is in compliance with the Health Care + Guidelines for Cruise Ship Medical Facilities established by + the American College of Emergency Physicians; and + ``(3) the initial safety briefing given to the passengers + on board the vessel includes-- + ``(A) the location of the vessel's medical + facilities; and + ``(B) the appropriate steps passengers should + follow during a medical emergency.''. + (b) Clerical Amendment.--The analysis for chapter 35 of title 46, +United States Code, is amended by adding at the end the following: + +``3509. Medical standards.''. + + Subtitle C--Advisory Committees + +SEC. 10301. ADVISORY COMMITTEES. + + (a) National Offshore Safety Advisory Committee; Representation.-- +Section 15106(c)(3) of title 46, United States Code, is amended-- + (1) in subparagraph (C), by striking ``mineral and oil + operations, including geophysical services'' and inserting + ``operations''; + (2) in subparagraph (D), by striking ``exploration and + recovery''; + (3) in subparagraph (E), by striking ``engaged in diving + services related to offshore construction, inspection, and + maintenance'' and inserting ``providing diving services to the + offshore industry''; + (4) in subparagraph (F), by striking ``engaged in safety + and training services related to offshore exploration and + construction'' and inserting ``providing safety and training + services to the offshore industry''; + (5) in subparagraph (G), by striking ``engaged in + pipelaying services related to offshore construction'' and + inserting ``providing subsea engineering, construction, or + remotely operated vehicle support to the offshore industry''; + (6) in subparagraph (H), by striking ``mineral and + energy''; + (7) in subparagraph (I), by inserting ``and entities + providing environmental protection, compliance, or response + services to the offshore industry'' after ``national + environmental entities''; and + (8) in subparagraph (J), by striking ``deepwater ports'' + and inserting ``entities engaged in offshore oil exploration + and production on the Outer Continental Shelf adjacent to + Alaska''. + (b) Technical Corrections.--Section 15109 of title 46, United +States Code, is amended by inserting ``or to which this chapter +applies'' after ``committee established under this chapter'' each place +it appears. + +SEC. 10302. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE. + + (a) Maritime Transportation System National Advisory Committee.-- +Chapter 555 of title 46, United States Code, is amended by adding at +the end the following: +``Sec. 55502. Maritime Transportation System National Advisory + Committee + ``(a) Establishment.--There is established a Maritime +Transportation System National Advisory Committee (in this section +referred to as the `Committee'). + ``(b) Function.--The Committee shall advise the Secretary of +Transportation on matters relating to the United States maritime +transportation system and its seamless integration with other segments +of the transportation system, including the viability of the United +States Merchant Marine. + ``(c) Membership.-- + ``(1) In general.--The Committee shall consist of 27 + members appointed by the Secretary of Transportation in + accordance with this section and section 15109. + ``(2) Expertise.--Each member of the Committee shall have + particular expertise, knowledge, and experience in matters + relating to the function of the Committee. + ``(3) Representation.--Members of the Committee shall be + appointed as follows: + ``(A) At least one member shall represent the + Environmental Protection Agency. + ``(B) At least one member shall represent the + Department of Commerce. + ``(C) At least one member shall represent the Corps + of Engineers. + ``(D) At least one member shall represent the Coast + Guard. + ``(E) At least one member shall represent Customs + and Border Protection. + ``(F) At least one member shall represent State and + local governmental entities. + ``(G) Additional members shall represent private + sector entities that reflect a cross-section of + maritime industries, including port and water + stakeholders, academia, and labor. + ``(H) The Secretary may appoint additional + representatives from other Federal agencies as the + Secretary considers appropriate. + ``(4) Restrictions on members representing federal + agencies.--Members of the Committee that represent Federal + agencies shall not-- + ``(A) comprise more than one-third of the total + membership of the Committee or of any subcommittee + therein; or + ``(B) serve as the chair or co-chair of the + Committee or of any subcommittee therein. + ``(5) Administration.--For purposes of section 15109-- + ``(A) the Committee shall be treated as a committee + established under chapter 151; and + ``(B) the Secretary of Transportation shall fulfill + all duties and responsibilities and have all + authorities of the Secretary of Homeland Security with + regard to the Committee.''. + (b) Treatment of Existing Committee.--Notwithstanding any other +provision of law-- + (1) an advisory committee substantially similar to the + Committee established by section 55502 of title 46, United + States Code, and that was in force or in effect on the day + before the date of the enactment of this Act, including the + charter, membership, and other aspects of such advisory + committee, may remain in force or in effect for the 2-year + period beginning on the date of the enactment of this section; + and + (2) during such 2-year period-- + (A) requirements relating the Maritime + Transportation System National Advisory Committee + established by such section shall be treated as + satisfied by such substantially similar advisory + committee; and + (B) the enactment of this section shall not be the + basis-- + (i) to deem, find, or declare such + committee, including the charter, membership, + and other aspects thereof, void, not in force, + or not in effect; + (ii) to suspend the activities of such + committee; or + (iii) to bar the members of such committee + from a meeting. + (c) Clerical Amendment.--The analysis for chapter 555 of title 46, +United States Code, is amended by adding at the end the following: + +``55502. Maritime Transportation System National Advisory Committee.''. + (d) Repeal.--Section 55603 of title 46, United States Code, and the +item relating to that section in the analysis for chapter 556 of that +title, are repealed. + +SEC. 10303. EXPIRED MARITIME LIENS. + + Section 31343(e) of title 46, United States Code, is amended-- + (1) by inserting ``(1)'' before ``A notice''; and + (2) by inserting after paragraph (1), as so designated by + this section, the following: + ``(2) On expiration of a notice of claim of lien under paragraph +(1), and after a request by the vessel owner, the Secretary shall +annotate the abstract of title to reflect the expiration of the +lien.''. + +SEC. 10304. GREAT LAKES PILOTAGE ADVISORY COMMITTEE. + + (a) In General.--Section 9307 of title 46, United States Code, is +amended-- + (1) in subsection (b)-- + (A) in paragraph (1), by striking ``seven'' and + inserting ``8''; and + (B) in paragraph (2)-- + (i) in subparagraph (B), by striking + ``representing the interests of'' and inserting + ``chosen from among nominations made by''; + (ii) in subparagraph (C), by striking + ``representing the interests of Great Lakes + ports'' and inserting ``chosen from among + nominations made by Great Lakes port + authorities and marine terminals''; + (iii) in subparagraph (D)-- + (I) by striking ``representing the + interests of'' and inserting ``chosen + from among nominations made by''; and + (II) by striking ``; and'' and + inserting a semicolon; + (iv) by redesignating subparagraph (E) as + subparagraph (F); + (v) by inserting after subparagraph (D) the + following: + ``(E) one member chosen from among nominations made by + Great Lakes maritime labor organizations; and''; and + (vi) in subparagraph (F), as so + redesignated, by striking ``with a background + in finance or accounting,''; and + (2) in subsection (f)(1), by striking ``2020'' and + inserting ``2030''. + (b) Committee Deemed Not Expired.--Notwithstanding section +9307(f)(1) of title 46, United States Code, in any case in which the +date of enactment of this Act occurs after September 30, 2020, the +Great Lakes Pilotage Advisory Committee in existence as of September +30, 2020, shall be deemed not expired during the period beginning on +September 30, 2020 through the date of enactment of this Act. +Accordingly, the committee membership, charter, and the activities of +such Committee shall continue as though such Committee had not expired. + +SEC. 10305. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE. + + (a) National Commercial Fishing Safety Advisory Committee.-- + (1) Amendments to section 15102.--Section 15102 of title + 46, United States Code, is amended-- + (A) in subsection (b)-- + (i) in paragraph (1)-- + (I) by inserting ``and provide + recommendations in writing to'' after + ``advise''; and + (II) in subparagraph (E), by + striking ``and'' after the semicolon; + and + (ii) in paragraph (2)-- + (I) by striking the period and + inserting ``; and''; and + (II) by adding at the end the + following: + ``(3) review marine casualties and investigations of + vessels covered by chapter 45 of this title and make + recommendations to the Secretary to improve safety and reduce + vessel casualties.''; and + (B) by adding at the end the following: + ``(d) Quorum.--A quorum of 10 members is required to send any +written recommendations from the Committee to the Secretary. + ``(e) Savings Clause.--Nothing in this section shall preclude the +Secretary from taking emergency action to ensure safety and +preservation of life at sea.''. + (2) Amendments to section 15109.--Section 15109 of title + 46, United States Code, is amended-- + (A) in subsection (a)-- + (i) by striking ``Each'' and inserting the + following: + ``(1) In general.--Except as provided in paragraph (2), + each''; and + (ii) by adding at the end the following: + ``(2) Minimum requirements.--The committee established + under section 15102, shall-- + ``(A) meet in-person, not less frequently than + twice each year, at the call of the Secretary of a + majority of the members of the committee; + ``(B) hold additional meetings as necessary; + ``(C) post the minutes of each meeting of the + committee on a publicly available website not later + than 2 weeks after the date on which a meeting + concludes; and + ``(D) provide reasonable public notice of any + meeting of the committee, and publish such notice in + the Federal Register and on a publicly available + website.''; + (B) in subsection (f)(8)-- + (i) by striking ``Notwithstanding'' and + inserting the following: + ``(A) Reappointment.--Notwithstanding''; and + (ii) by adding at the end the following: + ``(B) Limitation.--With respect to the committee + established under section 15102, members may serve not + more than 3 terms.''; + (C) in subsection (j)(3)-- + (i) in subparagraph (B), by striking + ``and''; + (ii) in subparagraph (C), by striking the + period and inserting ``; and''; and + (iii) by adding at the end the following: + ``(D) make all responses required by subparagraph + (C) which are related to recommendations made by the + committee established under section 15102 available to + the public not later than 30 days after the date of + response.''; + (D) by amending subsection (k) to read as follows: + ``(k) Observers.-- + ``(1) In general.--Any Federal agency with matters under + such agency's administrative jurisdiction related to the + function of a committee established under this chapter may + designate a representative to-- + ``(A) attend any meeting of such committee; and + ``(B) participate as an observer at meetings of + such committee that relate to such a matter. + ``(2) National commercial fishing safety advisory + committee.--With respect to the committee established under + section 15102, the Commandant of the Coast Guard shall + designate a representative under paragraph (1).''; + (E) in subsection (l), by striking ``2027'' and + inserting ``2029''; + (F) by redesignating subsection (l) as subsection + (m); + (G) by inserting after subsection (k) the + following: + ``(l) Technical Assistance.-- + ``(1) In general.--The Secretary shall provide technical + assistance to the Committee if requested by the Chairman. + ``(2) Committee consultation.--With respect to the + committee established under section 15102, the Chairman of the + committee shall seek expertise from the fishing industry, + marine safety experts, the shipbuilding industry, and others as + the committee determines appropriate.''; and + (H) by adding at the end the following: + ``(n) Savings Clause.--Nothing in this section shall preclude the +Secretary from taking emergency action to ensure safety and +preservation of life at sea.''. + +SEC. 10306. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN + ALASKAN REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY + SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS COMMISSION. + + (a) Definition of Secretary.--In this section, the term +``Secretary'' means the Secretary of the department in which the Coast +Guard is operating. + (b) Exemption.--Subject to subsection (c), the Federal +Communications Commission shall exempt fishing vessels that primarily +operate in the Alaskan Region, including fishing vessels that transit +from States in the Pacific Northwest to conduct fishing operations in +the Alaskan Region, from the requirements relating to carriage of VHF- +DSC and MF-DSC equipment under subpart W of part 80 of title 47, Code +of Federal Regulations, or any successor regulation. + (c) Functional Requirements.--A fishing vessel exempted under +subsection (b) shall-- + (1) be capable of transmitting ship-to-shore distress + alerts using not fewer than 2 separate and independent systems, + each using a different radio communication service; + (2) be equipped with-- + (A) a VHF radiotelephone installation; + (B) an MF or HF radiotelephone installation; + (C) a Category 1, 406.0-406.1 MHz EPIRB meeting the + requirements of section 80.1061 of title 47, Code of + Federal Regulations, or any successor regulation; + (D) a NAVTEX receiver meeting the requirements of + section 80.1101(c)(1) of title 47, Code of Federal + Regulations, or any successor regulation; + (E) survival craft equipment meeting the + requirements of section 80.1095 of title 47, Code of + Federal Regulations, or any successor regulation; and + (F) a Search and Rescue Transponder meeting the + requirements of section 80.1101(c)(6) of title 47, Code + of Federal Regulations, or any successor regulation; + (3) maintain a continuous watch on VHF Channel 16; and + (4) as an alternative to the equipment listed in + subparagraphs (A) through (F) of paragraph (2), carry equipment + found by the Federal Communications Commission, in consultation + with the Secretary, to be equivalent or superior with respect + to ensuring the safety of the vessel. + (d) Definition of Alaskan Region.--Not later than 30 days after the +date of enactment of this Act, the Secretary shall define the term +``Alaskan Region'' for purposes of this section. The Secretary shall +include in the definition of such term the area of responsibility of +Coast Guard District 17. + + Subtitle D--Ports + +SEC. 10401. PORT, HARBOR, AND COASTAL FACILITY SECURITY. + + Section 70116 of title 46, United States Code, is amended-- + (1) in subsection (a), by inserting ``, cyber incidents, + transnational organized crime, and foreign state threats'' + after ``an act of terrorism''; + (2) in subsection (b)-- + (A) in paragraphs (1) and (2), by inserting ``cyber + incidents, transnational organized crime, and foreign + state threats'' after ``terrorism'' each place it + appears; and + (B) in paragraph (3)-- + (i) by striking ``armed'' and inserting ``, + armed (as needed),''; and + (ii) by striking ``terrorism or + transportation security incidents,'' and + inserting ``terrorism, cyber incidents, + transnational organized crime, foreign state + threats, or transportation security + incidents,''; and + (3) in subsection (c)-- + (A) by striking ``70034,'' and inserting + ``70033,''; and + (B) by adding at the end the following new + sentence: ``When preventing or responding to acts of + terrorism, cyber incidents, transnational organized + crime, or foreign state threats, the Secretary may + carry out this section without regard to chapters 5 and + 6 of title 5 or Executive Order Nos. 12866 and + 13563.''. + +SEC. 10402. AIMING LASER POINTER AT VESSEL. + + (a) In General.--Subchapter II of chapter 700 of title 46, United +States Code, is amended by adding at the end the following: +``Sec. 70014. Aiming laser pointer at vessel + ``(a) Prohibition.--It shall be unlawful to cause the beam of a +laser pointer to strike a vessel operating on the navigable waters of +the United States. + ``(b) Exceptions.--This section shall not apply to a member or +element of the Department of Defense or Department of Homeland Security +acting in an official capacity for the purpose of research, +development, operations, testing, or training. + ``(c) Laser Pointer Defined.--In this section the term `laser +pointer' means any device designed or used to amplify electromagnetic +radiation by stimulated emission that emits a beam designed to be used +by the operator as a pointer or highlighter to indicate, mark, or +identify a specific position, place, item, or object.''. + (b) Clerical Amendment.--The analysis for subchapter II of chapter +700 of title 46, United States Code, is amended by adding at the end +the following: + +``70014. Aiming laser pointer at vessel.''. + +SEC. 10403. SAFETY OF SPECIAL ACTIVITIES. + + (a) In General.--The Secretary of the department in which the Coast +Guard is operating shall conduct a 2-year pilot program to establish +and implement a process to-- + (1) establish safety zones to address special activities in + the exclusive economic zone; + (2) account for the number of safety zones established for + special activities; + (3) differentiate whether an applicant who requests a + safety zone for such activities is-- + (A) an individual; + (B) an organization; or + (C) a government entity; and + (4) account for Coast Guard resources utilized to enforce + safety zones established for special activities, including-- + (A) the number of Coast Guard or Coast Guard + Auxiliary vessels used; and + (B) the number of Coast Guard or Coast Guard + Auxiliary patrol hours required. + (b) Briefing.--Not later than 180 days after the expiration of the +2-year pilot program, the Commandant shall brief the Committee on +Transportation and Infrastructure of the House of Representatives and +the Committee on Commerce, Science, and Transportation of the Senate +regarding-- + (1) the process required under subsection (a); and + (2) whether the authority to establish safety zones to + address special activities in the exclusive economic zone + should be extended or made permanent in the interest of safety. + (c) Definitions.--In this section: + (1) Safety zone.--The term ``safety zone'' has the meaning + given such term in section 165.20 of title 33, Code of Federal + Regulations. + (2) Special activities.--The term ``special activities'' + includes-- + (A) space activities, including launch and reentry, + as such terms are defined in section 50902 of title 51, + United States Code, carried out by United States + citizens; and + (B) offshore energy development activities, as + described in section 8(p)(1)(C) of the Outer + Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), + on or near a fixed platform. + (3) United states citizen.--The term ``United States + citizen'' has the meaning given the term ``eligible owners'' in + section 12103 of title 46, United States Code. + (4) Fixed platform.--The term ``fixed platform'' means an + artificial island, installation, or structure permanently + attached to the sea-bed for the purpose of exploration or + exploitation of resources or for other economic purposes. + +SEC. 10404. SECURITY PLANS; REVIEWS. + + Section 70103 of title 46, United States Code, is amended-- + (1) by amending subsection (b)(3) to read as follows: + ``(3) The Secretary shall review and approve Area Maritime + Transportation Security Plans and updates under this + subsection.''; and + (2) in subsection (c)(4), by inserting ``or update'' after + ``plan'' each place it appears. + +SEC. 10405. VESSEL TRAFFIC SERVICE. + + Section 70001 of title 46, United States Code, is amended to read +as follows: +``Sec. 70001. Vessel traffic services + ``(a) In General.--Subject to the requirements of section 70004, +the Secretary-- + ``(1) in any port or place under the jurisdiction of the + United States, in the navigable waters of the United States, or + in any area covered by an international agreement negotiated + pursuant to section 70005, may construct, operate, maintain, + improve, or expand vessel traffic services, that consist of + measures for controlling or supervising vessel traffic or for + protecting navigation and the marine environment and that may + include one or more of reporting and operating requirements, + surveillance and communications systems, routing systems, and + fairways; + ``(2) shall require appropriate vessels that operate in an + area of a vessel traffic service to utilize or comply with that + service; + ``(3) may require vessels to install and use specified + navigation equipment, communications equipment, electronic + relative motion analyzer equipment, or any electronic or other + device necessary to comply with a vessel traffic service or + that is necessary in the interests of vessel safety, except + that the Secretary shall not require fishing vessels under 300 + gross tons as measured under section 14502, or an alternate + tonnage measured under section 14302 as prescribed by the + Secretary under section 14104, or recreational vessels 65 feet + or less to possess or use the equipment or devices required by + this subsection solely under the authority of this chapter; + ``(4) may control vessel traffic in areas subject to the + jurisdiction of the United States that the Secretary determines + to be hazardous, or under conditions of reduced visibility, + adverse weather, vessel congestion, or other hazardous + circumstances, by-- + ``(A) specifying times of entry, movement, or + departure; + ``(B) establishing vessel traffic routing schemes; + ``(C) establishing vessel size, speed, or draft + limitations and vessel operating conditions; and + ``(D) restricting operation, in any hazardous area + or under hazardous conditions, to vessels that have + particular operating characteristics or capabilities + that the Secretary considers necessary for safe + operation under the circumstances; + ``(5) may require the receipt of prearrival messages from + any vessel, destined for a port or place subject to the + jurisdiction of the United States, in sufficient time to permit + advance vessel traffic planning before port entry, which shall + include any information that is not already a matter of record + and that the Secretary determines necessary for the control of + the vessel and the safety of the port or the marine + environment; and + ``(6) may prohibit the use on vessels of electronic or + other devices that interfere with communication and navigation + equipment, except that such authority shall not apply to + electronic or other devices certified to transmit in the + maritime services by the Federal Communications Commission and + used within the frequency bands 157.1875-157.4375 MHz and + 161.7875-162.0375 MHz. + ``(b) National Policy.-- + ``(1) Establishment and update of national policy.-- + ``(A) Establishment of policy.--Not later than one + year after the date of enactment of this section, the + Secretary shall establish a national policy which is + inclusive of local variances permitted under subsection + (c), to be applied to all vessel traffic service + centers and publish such policy in the Federal + Register. + ``(B) Update.--The Secretary shall periodically + update the national policy established under + subparagraph (A) and shall publish such update in the + Federal Register or on a publicly available website. + ``(2) Elements.--The national policy established and + updated under paragraph (1) shall include, at a minimum, the + following: + ``(A) Standardization of titles, roles, and + responsibilities for all personnel assigned, working, + or employed in a vessel traffic service center. + ``(B) Standardization of organizational structure + within vessel traffic service centers, to include + supervisory and reporting chain and processes. + ``(C) Establishment of directives for the + application of authority provided to each vessel + traffic service center, specifically with respect to + directing or controlling vessel movement when such + action is justified in the interest of safety. + ``(D) Establishment of thresholds and measures for + monitoring, informing, recommending, and directing + vessel traffic. + ``(E) Establishment of national procedures and + protocols for vessel traffic management. + ``(F) Standardization of training for all vessel + traffic service directors, operators, and + watchstanders. + ``(G) Establishment of certification and competency + evaluation for all vessel traffic service directors, + operators, and watchstanders. + ``(H) Establishment of standard operating language + when communicating with vessel traffic users. + ``(I) Establishment of data collection, storage, + management, archiving, and dissemination policies and + procedures for vessel incidents and near-miss + incidents. + ``(c) Local Variances.-- + ``(1) Development.--In this section, the Secretary may + provide for such local variances as the Secretary considers + appropriate to account for the unique vessel traffic, waterway + characteristics, and any additional factors that are + appropriate to enhance navigational safety in any area where + vessel traffic services are provided. + ``(2) Review and approval by secretary.--The Captain of the + Port covered by a vessel traffic service center may develop and + submit to the Secretary regional policies in addition to the + national policy established and updated under subsection (b) to + account for variances from that national policy with respect to + local vessel traffic conditions and volume, geography, water + body characteristics, waterway usage, and any additional + factors that the Captain considers appropriate. + ``(3) Review and implementation.--Not later than 180 days + after receiving regional policies under paragraph (2)-- + ``(A) the Secretary shall review such regional + policies; and + ``(B) the Captain of the port concerned shall + implement the policies that the Secretary approves. + ``(4) Maintenance.--The Secretary shall maintain a central + depository for all local variances approved under this section. + ``(d) Cooperative Agreements.-- + ``(1) In general.--The Secretary may enter into cooperative + agreements with public or private agencies, authorities, + associations, institutions, corporations, organizations, or + other persons to carry out the functions under subsection + (a)(1). + ``(2) International coordination.--With respect to vessel + traffic service areas that cross international boundaries, the + Secretary may enter into bilateral or cooperative agreements + with international partners to jointly carry out the functions + under subsection (a)(1) and to jointly manage such areas to + collect, share, assess, and analyze information in the + possession or control of the international partner. + ``(3) Limitation.-- + ``(A) Inherently governmental function.--A + nongovernmental entity may not under this subsection + carry out an inherently governmental function. + ``(B) Definition of inherently governmental + function.--In this paragraph, the term `inherently + governmental function' means any activity that is so + intimately related to the public interest as to mandate + performance by an officer or employee of the Federal + Government, including an activity that requires either + the exercise of discretion in applying the authority of + the Government or the use of judgment in making a + decision for the Government. + ``(4) Disclosure.--The Commandant of the Coast Guard shall + de-identify information prior to release to the public, + including near miss incidents. + ``(e) Performance Evaluation.-- + ``(1) In general.--The Secretary shall develop and + implement a standard method for evaluating the performance of + vessel traffic service centers. + ``(2) Elements.--The standard method developed and + implemented under paragraph (1) shall include, at a minimum, + analysis and collection of data with respect to the following + within a vessel traffic service area covered by each vessel + traffic service center: + ``(A) Volume of vessel traffic, categorized by type + of vessel. + ``(B) Total volume of flammable, combustible, or + hazardous liquid cargo transported, categorized by + vessel type as provided in the Notice of Arrival, if + applicable, or as determined by other means. + ``(C) Data on near-miss incidents. + ``(D) Data on marine casualties. + ``(E) Application by vessel traffic operators of + traffic management authority during near-miss incidents + and marine casualties. + ``(F) Other additional methods as the Secretary + considers appropriate. + ``(3) Report.--Not later than 1 year after the date of the + enactment of this paragraph, and biennially thereafter, the + Secretary shall submit to the Committee on Commerce, Science, + and Transportation of the Senate and the Committee on + Transportation and Infrastructure of the House of + Representatives a report on the evaluation conducted under + paragraph (1) of the performance of vessel traffic service + centers, including-- + ``(A) recommendations to improve safety and + performance; and + ``(B) data regarding marine casualties and near- + miss incidents that have occurred during the period + covered by the report. + ``(f) Risk Assessment Program.-- + ``(1) In general.--The Secretary shall develop a continuous + risk assessment program to evaluate and mitigate safety risks + for each vessel traffic service area to improve safety and + reduce the risks of oil and hazardous material discharge in + navigable waters. + ``(2) Method for assessment.--The Secretary, in + coordination with stakeholders and the public, shall develop a + standard method for conducting risk assessments under paragraph + (1) that includes the collection and management of all + information necessary to identify and analyze potential + hazardous navigational trends within a vessel traffic service + area. + ``(3) Information to be assessed.-- + ``(A) In general.--The Secretary shall ensure that + a risk assessment conducted under paragraph (1) + includes an assessment of the following: + ``(i) Volume of vessel traffic, categorized + by type of vessel. + ``(ii) Total volume of flammable, + combustible, or hazardous liquid cargo + transported, categorized by vessel type as + provided in the Notice of Arrival, if + applicable, or as determined by other means. + ``(iii) Data on near-miss events incidents. + ``(iv) Data on marine casualties. + ``(v) Geographic locations for near-miss + events incidents and marine casualties, + including latitude and longitude. + ``(vi) Cyclical risk factors such as + weather, seasonal water body currents, tides, + bathymetry, and topography. + ``(vii) Weather data, in coordination with + the National Oceanic and Atmospheric + Administration. + ``(B) Information storage and management + policies.--The Secretary shall retain all information + collected under subparagraph (A) and ensure policies + and procedures are in place to standardize the format + in which that information is retained to facilitate + statistical analysis of that information to calculate + within a vessel traffic service area, at a minimum, the + incident rate, intervention rate, and casualty + prevention rate. + ``(4) Public availability.-- + ``(A) Assessments and information.--In accordance + with section 552 of title 5, the Secretary shall make + any risk assessments conducted under paragraph (1) and + any information collected under paragraph (3)(A) + available to the public. + ``(B) Information in possession or control of + international partners.--The Secretary shall endeavor + to coordinate with international partners as described + in subsection (d)(2) to enter into agreements to make + information collected, shared, and analyzed under that + paragraph available to the public. + ``(C) Disclosure.--The Commandant of the Coast + Guard shall de-identify information prior to release to + the public, including near-miss incidents. + ``(g) Vessel Traffic Service Training.-- + ``(1) Training program.-- + ``(A) In general.--The Secretary shall develop a + comprehensive nationwide training program for all + vessel traffic service directors, operators, and + watchstanders. + ``(B) Elements.--The comprehensive nationwide + training program under subparagraph (A) and any + variances to that program under subsection (c) shall + include, at a minimum, the following: + ``(i) Realistic vessel traffic scenarios to + the maximum extent practicable that integrate-- + ``(I) the national policy developed + under subsection (b); + ``(II) international rules under + the International Navigational Rules + Act of 1977 (33 U.S.C. 1601 et seq.); + ``(III) inland navigation rules + under part 83 of title 33, Code of + Federal Regulations; + ``(IV) the application of vessel + traffic authority; and + ``(V) communication with vessel + traffic service users. + ``(ii) Proficiency training with respect to + use, interpretation, and integration of + available data on vessel traffic service + display systems such as radar, and vessel + automatic identification system feeds. + ``(iii) Practical application of-- + ``(I) the international rules under + the International Navigational Rules + Act of 1977 (33 U.S.C. 1601 et seq.); + and + ``(II) the inland navigation rules + under part 83 of title 33, Code of + Federal Regulations. + ``(iv) Proficiency training with respect to + the operation of radio communications equipment + and any other applicable systems necessary to + execute vessel traffic service authorities. + ``(v) Incorporation of the Standard Marine + Communication Phrases adopted by the + International Maritime Organization by + resolution on April 4, 2000, as amended and + consolidated, or any successor resolution. + ``(vi) Incorporation to the maximum extent + possible of guidance and recommendations + contained in vessel traffic services operator + training, vessel traffic services supervisor + training, or other relevant training set forth + by the International Association of Marine Aids + to Navigation and Lighthouse Authorities. + ``(vii) A minimum number of hours of + training for an individual to complete before + the individual is qualified to fill a vessel + traffic services position without supervision. + ``(viii) Local area geographic and + operational familiarization. + ``(ix) Such additional components as the + Secretary considers appropriate. + ``(2) Standard competency qualification process.-- + ``(A) In general.--The Secretary shall develop a + standard competency qualification process to be applied + to all personnel assigned, employed, or working in a + vessel traffic service center. + ``(B) Application of process.--The competency + qualification process developed under subparagraph (A) + shall include measurable thresholds for determining + proficiency. + ``(3) International and inland navigation rules test.-- + ``(A) In general.--All personnel assigned, + employed, or working in a vessel traffic service center + with responsibilities that include communicating, + interacting, or directing vessels within a vessel + traffic service area, as determined under the national + policy developed under subsection (b), shall be + required to pass a United States international and + inland navigation rules test developed by the + Secretary. + ``(B) Elements of test.--The Secretary shall + determine the content and passing standard for the + rules test developed under subparagraph (A). + ``(C) Testing frequency.--The Secretary shall + establish a frequency, not to exceed once every 5 + years, for personnel described in subparagraph (A) to + be required to pass the rules test developed under such + subparagraph. + ``(h) Research on Vessel Traffic.-- + ``(1) Vessel communication.--The Secretary shall conduct + research, in consultation with subject matter experts + identified by the Secretary, to develop more effective + procedures for monitoring vessel communications on radio + frequencies to identify and address unsafe situations in a + vessel traffic service area. The Secretary shall consider data + collected under subparagraph (A) of subsection (f)(3). + ``(2) Professional mariner representation.-- + ``(A) In general.--The Secretary shall conduct + research, in consultation with local stakeholders and + subject matter experts identified by the Secretary, to + evaluate and determine the feasibility, costs and + benefits of representation by professional mariners on + the vessel traffic service watchfloor at each vessel + traffic service center. + ``(B) Implementation.--The Secretary shall + implement representation by professional mariners on + the vessel traffic service watchfloor at those vessel + traffic service centers for which it is determined + feasible and beneficial pursuant to research conducted + under subparagraph (A). + ``(i) Inclusion of Identification System on Certain Vessels.-- + ``(1) In general.--The National Navigation Safety Advisory + Committee shall advise and provide recommendations to the + Secretary on matters relating to the practicability, economic + costs, regulatory burden, and navigational impact of outfitting + vessels lacking independent means of propulsion that carry + flammable, combustible, or hazardous liquid cargo with vessel + automatic identification systems. + ``(2) Regulations.--Based on the evaluation under paragraph + (1), the Secretary shall prescribe such regulations as the + Secretary considers appropriate to establish requirements + relating to the outfitting of vessels described in such + subparagraph with vessel automatic identification systems. + ``(j) Periodic Review of Vessel Traffic Service Needs.-- + ``(1) In general.--Based on the performance evaluation + conducted under subsection (e) and the risk assessment + conducted under subsection (f), the Secretary shall + periodically review vessel traffic service areas to determine-- + ``(A) if there are any additional vessel traffic + service needs in those areas; and + ``(B) if a vessel traffic service area should be + moved or modified. + ``(2) Information to be assessed.-- + ``(A) In general.--The Secretary shall ensure that + a review conducted under paragraph (1) includes an + assessment of the following: + ``(i) Volume of vessel traffic, categorized + by type of vessel. + ``(ii) Total volume of flammable, + combustible, or hazardous liquid cargo + transported, categorized by vessel type as + provided in the Notice of Arrival, if + applicable, or as determined by other means. + ``(iii) Data on near miss incidents. + ``(iv) Data on marine casualties. + ``(v) Geographic locations for near-miss + incidents and marine casualties, including + latitude and longitude. + ``(vi) Cyclical risk factors such as + weather, seasonal water body currents, tides, + bathymetry, and topography. + ``(vii) Weather data, in coordination with + the National Oceanic and Atmospheric + Administration. + ``(3) Stakeholder input.--In conducting the periodic + reviews under paragraph (1), the Secretary shall seek input + from port and waterway stakeholders to identify areas of + increased vessel conflicts or marine casualties that could + benefit from the use of routing measures or vessel traffic + service special areas to improve safety, port security, and + environmental protection. + ``(4) Disclosure.--The Commandant of the Coast Guard shall + de-identify information prior to release to the public, + including near miss incidents. + ``(k) Limitation of Liability for Coast Guard Vessel Traffic +Service Pilots and Non-Federal Vessel Traffic Service Operators.-- + ``(1) Coast guard vessel traffic service pilots.--Any + pilot, acting in the course and scope of his or her duties + while at a Coast Guard Vessel Traffic Service Center, who + provides information, advice, or communication assistance while + under the supervision of a Coast Guard officer, member, or + employee shall not be liable for damages caused by or related + to such assistance unless the acts or omissions of such pilot + constitute gross negligence or willful misconduct. + ``(2) Non-federal vessel traffic service operators.--An + entity operating a non-Federal vessel traffic information + service or advisory service pursuant to a duly executed written + agreement with the Coast Guard, and any pilot acting on behalf + of such entity, is not liable for damages caused by or related + to information, advice, or communication assistance provided by + such entity or pilot while so operating or acting unless the + acts or omissions of such entity or pilot constitute gross + negligence or willful misconduct. + ``(l) Existing Authority.--Nothing in this section shall be +construed to alter the existing authorities of the Secretary to enhance +navigation, vessel safety, marine environmental protection, and to +ensure safety and preservation of life and property at sea. + ``(m) Definitions.--In this section: + ``(1) Hazardous liquid cargo.--The term `hazardous liquid + cargo' has the meaning given that term in regulations + prescribed under section 5103 of title 49. + ``(2) Marine casualty.--The term `marine casualty' has the + meaning given that term in regulations prescribed under section + 6101(a). + ``(3) Vessel traffic service area.--The term `vessel + traffic service area' means an area specified in subpart C of + part 161 of title 33, Code of Federal Regulations, or any + successor regulation. + ``(4) Vessel traffic service center.--The term `vessel + traffic service center' means a center for the provision of + vessel traffic services in a vessel traffic service area. + ``(5) Near miss incident.--The term `near miss incident' + means any occurrence or series of occurrences having the same + origin, involving one or more vessels, facilities, or any + combination thereof, resulting in the substantial threat of a + marine casualty. + ``(6) De-identified.--The term `de-identified' means the + process by which all information that is likely to establish + the identity of the specific persons or entities noted in the + reports, data, or other information is removed from the + reports, data, or other information.''. + +SEC. 10406. TRANSPORTATION WORK IDENTIFICATION CARD PILOT PROGRAM. + + Section 70105(g) of title 46, United States Code, is amended by +striking ``shall concurrently'' and all that follows and inserting the +following: ``shall-- + ``(1) develop and, no later than 2 years after the date of + enactment of the Elijah E. Cummings Coast Guard Authorization + Act of 2020, implement a joint application for merchant + mariner's documents under chapter 73 and for a transportation + security card issued under this section; and + ``(2) upon receipt of a joint application developed under + paragraph (1) concurrently process an application from an + individual for merchant mariner's documents under chapter 73 + and an application from such individual for a transportation + security card under this section.''. + + TITLE IV--MISCELLANEOUS + + Subtitle A--Navigation and Shipping + +SEC. 11101. COASTWISE TRADE. + + (a) In General.--The Commandant shall review the adequacy of and +continuing need for provisions in title 46, Code of Federal +Regulations, that require a United States vessel documented under +chapter 121 of title 46, United States Code, possessing a coastwise +endorsement under that chapter, and engaged in coastwise trade, to +comply with regulations for vessels engaged in an international voyage. + (b) Briefing.--Not later than 180 days after the date of the +enactment of this Act, the Commandant shall provide to the Committee on +Transportation and Infrastructure of the House of Representatives and +the Committee on Commerce, Science, and Transportation of the Senate a +briefing on the findings of the review required under subsection (a) +and a discussion of how existing laws and regulations could be amended +to ensure the safety of vessels described in subsection (a) while +infringing as little as possible on commerce. + +SEC. 11102. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE. + + (a) Definitions.--In this section-- + (1) the term ``Boundary Line'' has the meaning given the + term in section 103 of title 46, United States Code; + (2) the term ``Officer in Charge, Marine Inspection'' has + the meaning given the term in section 3305(d)(4) of title 46, + United States Code; and + (3) the term ``Secretary'' means the Secretary of the + Department in which the Coast Guard is operating. + (b) Interim Exemption.--A towing vessel described in subsection (c) +and a response vessel included on a vessel response plan are exempt +from any additional requirements of subtitle II of title 46, United +States Code, and chapter I of title 33 and chapter I of title 46, Code +of Federal Regulations (as in effect on the date of the enactment of +this Act), that would result solely from such vessel operating outside +the Boundary Line, if-- + (1) the vessel is-- + (A) operating outside the Boundary Line solely to + perform regular harbor assist operations; or + (B) listed as a response vessel on a vessel + response plan and is operating outside the Boundary + Line solely to perform duties of a response vessel; + (2) the vessel is approved for operations outside the + Boundary Line by the Officer in Charge, Marine Inspection and + the Coast Guard Marine Safety Center; and + (3) the vessel has sufficient manning and lifesaving + equipment for all persons on board, in accordance with part 15 + and section 141.225 of title 46, Code of Federal Regulations + (or any successor regulation). + (c) Applicability.--This section applies to a towing vessel-- + (1) that is subject to inspection under chapter 33 of title + 46, United States Code, and subchapter M of chapter I of title + 46, Code of Federal Regulations (or any successor regulation); + (2) with only ``Lakes, Bays, and Sounds'' or ``Rivers'' + routes recorded on such vessel's certificate of inspection + pursuant to section 136.230 of title 46, Code of Federal + Regulations (or any successor regulation); + (3) that, with respect to a vessel described in subsection + (b)(1)(A), is operating as a harbor assist vessel and regularly + engaged in harbor assist operations, including the docking, + undocking, mooring, unmooring, and escorting of vessels with + limited maneuverability; and + (4) that, with respect to a vessel that is described in + subsection (b)(1)(B), is listed-- + (A) on a vessel response plan under part 155 of + title 33, Code of Federal Regulations, on the date of + approval of the vessel response plan; or + (B) by name or reference in the vessel response + plan's geographic-specific appendix on the date of + approval of the vessel response plan. + (d) Limitations.--A vessel exempted under subsection (b) is subject +to the following operating limitations: + (1) The voyage of a vessel described in subsection + (b)(1)(A) shall-- + (A) be less than 12 hours in total duration; + (B) originate and end in the inspection zone of a + single Officer in Charge, Marine Inspection; and + (C) occur no further than 10 nautical miles from + the Boundary Line. + (2) The voyage of a vessel described in subsection + (b)(1)(B) shall-- + (A) originate and end in the inspection zone of a + single Officer in Charge, Marine Inspection; and + (B) either-- + (i) in the case of a voyage in the + territorial waters of Alaska, Guam, Hawaii, + American Samoa, and the Northern Mariana + Islands, have sufficient manning as determined + by the Secretary; or + (ii) be less than 12 hours. + (e) Safety.-- + (1) Safety restrictions.--The Officer in Charge, Marine + Inspection for an inspection zone may restrict operations under + the interim exemption provided under subsection (b) for safety + purposes. + (2) Comprehensive lists.--The Officer in Charge, Marine + Inspection for an inspection zone shall maintain and + periodically update a comprehensive list of all towing vessels + described in subsection (c) that operate in the inspection + zone. + (3) Notification.--Not later than 24 hours prior to + intended operations outside of the Boundary Line, a towing + vessel exempted under subsection (b) shall notify the Office in + Charge, Marine Inspection for the inspection zone of such + operations. Such notification shall include-- + (A) the date, time, and length of voyage; + (B) a crew list, with each crew member's + credentials and work hours; and + (C) an attestation from the master of the towing + vessel that the vessel has sufficient manning and + lifesaving equipment for all persons on board. + (f) Briefing.--Not later than 180 days after the date of the +enactment of this Act, the Commandant of the Coast Guard shall brief +the Committee on Commerce, Science, and Transportation of the Senate +and the Committee on Transportation and Infrastructure of the House of +Representatives regarding the following: + (1) The impacts of the interim exemption provided under + this section. + (2) Any safety concerns regarding the expiration of such + interim exemption. + (3) Whether such interim exemption should be extended. + (g) Termination.--The interim exemption provided under subsection +(b) shall terminate on the date that is 2 years after the date of the +enactment of this Act. + +SEC. 11103. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE + UNITED STATES. + + It is the sense of Congress that the maritime industry of the +United States contributes to the Nation's economic prosperity and +national security. + +SEC. 11104. CARGO PREFERENCE STUDY. + + (a) In General.--The Comptroller General of the United States shall +conduct an audit regarding the enforcement of the United States Cargo +Preference Laws set forth in sections 55302, 55303, 55304, and 55305 of +title 46, United States Code, and section 2631 of title 10, United +States Code (hereinafter in this section referred to as the ``United +States Cargo Preference Laws''). + (b) Scope.--The audit conducted under subsection (a) shall include, +for the period from October 14, 2008, until the date of the enactment +of this Act-- + (1) a listing of the agencies and organizations required to + comply with the United States Cargo Preference Laws; + (2) an analysis of the compliance or noncompliance of such + agencies and organizations with such laws, including-- + (A) the total amount of oceangoing cargo that each + such agency, organization, or contractor procured for + its own account or for which financing was in any way + provided with Federal funds, including loan guarantees; + (B) the percentage of such cargo shipped on + privately owned commercial vessels of the United + States; + (C) an assessment of internal programs and controls + used by each such agency or organization to monitor and + ensure compliance with the United States Cargo + Preference Laws, to include education, training, and + supervision of its contracting personnel, and the + procedures and controls used to monitor compliance with + cargo preference requirements by contractors and + subcontractors; and + (D) instances in which cargoes are shipped on + foreign-flag vessels under non-availability + determinations but not counted as such for purposes of + calculating cargo preference compliance; and + (3) an overview of enforcement activities undertaken by the + Maritime Administration from October 14, 2008, until the date + of the enactment of this Act, including a listing of all bills + of lading collected by the Maritime Administration during that + period. + (c) Report.--Not later than 1 year after the date of enactment of +this Act, the Comptroller General shall submit to the Committee on +Transportation and Infrastructure of the House of Representatives and +the Committee on Commerce, Science, and Transportation of the Senate a +report detailing the results of the audit and providing recommendations +related to such results, to include-- + (1) actions that should be taken by agencies and + organizations to fully comply with the United States Cargo + Preference Laws; and + (2) Other measures that may compel agencies and + organizations, and their contractors and subcontractors, to use + United States flag vessels in the international transportation + of ocean cargoes as mandated by the United States Cargo + Preference Laws. + +SEC. 11105. TOWING VESSEL INSPECTION FEES. + + Notwithstanding section 9701 of title 31, United States Code, and +section 2110 of title 46, United States Code, the Secretary of the +department in which the Coast Guard is operating may not charge an +inspection fee for towing vessels required to have a Certificate of +Inspection under subchapter M of title 46, Code of Federal Regulations, +until-- + (1) the completion of the review required under section 815 + of the Frank LoBiondo Coast Guard Authorization Act of 2018 + (Public Law 115-282); and + (2) the promulgation of regulations to establish specific + inspection fees for such vessels. + + Subtitle B--Maritime Domain Awareness + +SEC. 11201. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL TRACKING + TECHNOLOGIES. + + (a) Assessment.--The Commandant, acting through the Blue Technology +Center of Expertise, shall regularly assess available unmanned maritime +systems and satellite vessel tracking technologies for potential use to +support missions of the Coast Guard. + (b) Report.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, and biennially thereafter, the + Commandant shall submit to the Committee on Transportation and + Infrastructure of the House of Representatives and the + Committee on Commerce, Science, and Transportation of the + Senate a report on the actual and potential effects of the use + of then-existing unmanned maritime systems and satellite vessel + tracking technologies on the mission effectiveness of the Coast + Guard. + (2) Contents.--Each report submitted under paragraph (1) + shall include the following: + (A) An inventory of current unmanned maritime + systems used by the Coast Guard, an overview of such + usage, and a discussion of the mission effectiveness of + such systems, including any benefits realized or risks + or negative aspects of such usage. + (B) An inventory of satellite vessel tracking + technologies, and a discussion of the potential mission + effectiveness of such technologies, including any + benefits or risks or negative aspects of such usage. + (C) A prioritized list of Coast Guard mission + requirements that could be met with additional unmanned + maritime systems, or with satellite vessel tracking + technologies, and the estimated costs of accessing, + acquiring, or operating such systems, taking into + consideration the interoperability of such systems with + the current and future fleet of-- + (i) National Security Cutters; + (ii) Fast Response Cutters; + (iii) Offshore Patrol Cutters; + (iv) Polar Security Cutters; and + (v) in-service legacy cutters, including + the 210- and 270-foot medium endurance cutters + and 225-foot Buoy Tenders. + (c) Definitions.--In this section: + (1) Unmanned maritime systems.-- + (A) In general.--The term ``unmanned maritime + systems'' means-- + (i) remotely operated or autonomous + vehicles produced by the commercial sector + designed to travel in the air, on or under the + ocean surface, on land, or any combination + thereof, and that function without an on-board + human presence; and + (ii) associated components of such + vehicles, including control and communications + systems, data transmission systems, and + processing systems. + (B) Examples.--Such term includes the following: + (i) Unmanned undersea vehicles. + (ii) Unmanned surface vehicles. + (iii) Unmanned aerial vehicles. + (iv) Autonomous underwater vehicles. + (v) Autonomous surface vehicles. + (vi) Autonomous aerial vehicles. + (2) Available unmanned maritime systems.--The term + ``available unmanned maritime systems'' includes systems that + can be purchased commercially or are in use by the Department + of Defense or other Federal agencies. + (3) Satellite vessel tracking technologies.--The term + ``satellite vessel tracking technologies'' means shipboard + broadcast systems that use satellites and terrestrial receivers + to continually track vessels. + +SEC. 11202. UNMANNED AIRCRAFT SYSTEMS TESTING. + + (a) Training Area.--The Commandant shall carry out and update, as +appropriate, a program for the use of one or more training areas to +facilitate the use of unmanned aircraft systems and small unmanned +aircraft to support missions of the Coast Guard. + (b) Designation of Area.-- + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Commandant shall, as part of the + program under subsection (a), designate an area for the + training, testing, and development of unmanned aircraft systems + and small unmanned aircraft. + (2) Considerations.--In designating a training area under + paragraph (1), the Commandant shall-- + (A) ensure that such training area has or receives + all necessary Federal Aviation Administration flight + authorization; and + (B) take into consideration all of the following + attributes of the training area: + (i) Direct over-water maritime access from + the site. + (ii) The availability of existing Coast + Guard support facilities, including pier and + dock space. + (iii) Proximity to existing and available + offshore Warning Area airspace for test and + training. + (iv) Existing facilities and infrastructure + to support unmanned aircraft system-augmented, + and small unmanned aircraft-augmented, + training, evaluations, and exercises. + (v) Existing facilities with a proven track + record of supporting unmanned aircraft systems + and small unmanned aircraft systems flight + operations. + (c) Definitions.--In this section-- + (1) the term ``existing'' means as of the date of enactment + of this Act; and + (2) the terms ``small unmanned aircraft'' and ``unmanned + aircraft system'' have the meanings given those terms in + section 44801 of title 49, United States Code. + +SEC. 11203. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF COAST GUARD. + + (a) Funding for Certain Enhanced Capabilities.--Section 319 of +title 14, United States Code, is amended by adding at the end the +following new subsection: + ``(c) Funding for Certain Enhanced Capabilities.--In each of fiscal +years 2020 and 2021, the Commandant may provide additional funding of +$5,000,000 for additional long-range maritime patrol aircraft, acquired +through full and open competition.''. + (b) Report on Use of Unmanned Aircraft Systems for Certain +Surveillance.-- + (1) Report required.--Not later than March 31, 2021, the + Commandant, in coordination with the Administrator of the + Federal Aviation Administration on matters related to aviation + safety and civilian aviation and aerospace operations, shall + submit to the appropriate committees of Congress a report + setting forth an assessment of the feasibility and advisability + of using unmanned aircraft systems for surveillance of marine + protected areas, the transit zone, and the Arctic in order to-- + (A) establish and maintain regular maritime domain + awareness of such areas; + (B) ensure appropriate response to illegal + activities in such areas; and + (C) collaborate with State, local, and tribal + authorities, and international partners, in + surveillance missions over their waters in such areas. + (2) Appropriate committees of congress defined.--In this + subsection, the term ``appropriate committees of Congress'' + means-- + (A) the Committee on Commerce, Science, and + Transportation and the Committee on Homeland Security + and Governmental Affairs of the Senate; and + (B) the Committee on Transportation and + Infrastructure and the Committee on Homeland Security + of the House of Representatives. + +SEC. 11204. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE + UNMANNED AIRCRAFT SYSTEMS. + + (a) Prohibition on Agency Operation or Procurement.--The Commandant +may not operate or enter into or renew a contract for the procurement +of-- + (1) an unmanned aircraft system that-- + (A) is manufactured in a covered foreign country or + by an entity domiciled in a covered foreign country; + (B) uses flight controllers, radios, data + transmission devices, cameras, or gimbals manufactured + in a covered foreign country or by an entity domiciled + in a covered foreign country; + (C) uses a ground control system or operating + software developed in a covered foreign country or by + an entity domiciled in a covered foreign country; or + (D) uses network connectivity or data storage + located in or administered by an entity domiciled in a + covered foreign country; or + (2) a system manufactured in a covered foreign country or + by an entity domiciled in a covered foreign country for the + detection or identification of unmanned aircraft systems. + (b) Exemption.-- + (1) In general.--The Commandant is exempt from the + restriction under subsection (a) if-- + (A) the operation or procurement is for the + purposes of-- + (i) counter-UAS system surrogate testing + and training; or + (ii) intelligence, electronic warfare, and + information warfare operations, testing, + analysis, and training; or + (B) the Commandant receives a certification from + the Coast Guard unit requesting to operate or procure + an unmanned aircraft system otherwise restricted under + subsection (a), which shall include supporting + manufacturer information, that the unmanned aircraft + system does not-- + (i) connect to the internet or an outside + telecommunications service; + (ii) connect to other devices or + electronics, except as necessary to perform the + mission; or + (iii) perform any missions in support of + classified information or that may threaten + national security. + (2) Expiration.--The authority under this subsection to + operate or procure an unmanned aircraft system otherwise + restricted under subsection (a) expires on the date that is 2 + years after the date of the enactment of this Act. + (c) Waiver.--The Commandant may waive the restriction under +subsection (a) on a case by case basis by certifying in writing to the +Department of Homeland Security and the relevant committees of +jurisdiction that the operation or procurement is required in the +national interest of the United States. + (d) Definitions.--In this section: + (1) Covered foreign country.--The term ``covered foreign + country'' means the People's Republic of China. + (2) Counter-UAS system.--The term ``counter-UAS system'' + has the meaning given such term in section 44801 of title 49, + United States Code. + (3) Unmanned aircraft system.--The term ``unmanned aircraft + system'' has the meaning given such term in section 44801 of + title 49, United States Code. + +SEC. 11205. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY + MARITIME DOMAIN AWARENESS TESTING AND EVALUATION PROGRAM. + + (a) Testing and Evaluation Program.--The Secretary of the +department in which the Coast Guard is operating, acting through the +Blue Technology Center of Expertise, shall carry out a testing and +evaluation program of United States commercial space-based radio +frequency geolocation and maritime domain awareness products and +services to support the mission objectives of maritime enforcement by +the Coast Guard and other components of the Coast Guard. The objectives +of this testing and evaluation program shall include-- + (1) developing an understanding of how United States + commercial space-based radio frequency data products can meet + current and future mission requirements; + (2) establishing how United States commercial space-based + radio frequency data products should integrate into existing + work flows; and + (3) establishing how United States commercial space-based + radio frequency data products could be integrated into + analytics platforms. + (b) Report.--Not later than 240 days after the date of enactment of +this Act, such Secretary shall prepare and submit to the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives a +report on the results of the testing and evaluation program under +subsection (a), including recommendations on how the Coast Guard should +fully exploit United States commercial space-based radio frequency data +products to meet current and future mission requirements. + +SEC. 11206. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS + DEVICES TO MARK FISHING EQUIPMENT. + + (a) Definitions.--In this section-- + (1) the term ``Automatic Identification System'' has the + meaning given the term in section 164.46(a) of title 33, Code + of Federal Regulations, or any successor regulation; + (2) the term ``Automatic Identification System device'' + means a covered device that operates in radio frequencies + assigned to the Automatic Identification System; + (3) the term ``Commission'' means the Federal + Communications Commission; and + (4) the term ``covered device'' means a device used to mark + fishing equipment. + (b) Rulemaking Required.--Not later than 180 days after the date of +enactment of this Act, the Commission, in consultation with the +Commandant, the Secretary of State, and the Secretary of Commerce +(acting through the Administrator of National Telecommunications and +Information Administration), shall initiate a rulemaking proceeding to +consider whether to authorize covered devices to operate in radio +frequencies assigned to the Automatic Identification System. + (c) Considerations.--In conducting the rulemaking under subsection +(b), the Commission shall consider whether imposing requirements with +respect to the manner in which Automatic Identification System devices +are deployed and used would enable the authorization of covered devices +to operate in radio frequencies assigned to the Automatic +Identification System consistent with the core purpose of the Automatic +Identification System to prevent maritime accidents. + + Subtitle C--Arctic + +SEC. 11301. COAST GUARD ARCTIC PRIORITIZATION. + + (a) Findings.--Congress makes the following findings: + (1) The strategic importance of the Arctic continues to + increase as the United States and other countries recognize the + military significance of the sea lanes and choke points within + the region and understand the potential for power projection + from the Arctic into multiple regions. + (2) Russia and China have conducted military exercises + together in the Arctic, have agreed to connect the Northern Sea + Route, claimed by Russia, with China's Maritime Silk Road, and + are working together in developing natural gas resources in the + Arctic. + (3) The economic significance of the Arctic continues to + grow as countries around the globe begin to understand the + potential for maritime transportation through, and economic and + trade development in, the region. + (4) Increases in human, maritime, and resource development + activity in the Arctic region may create additional mission + requirements for the Department of Defense and the Department + of Homeland Security. + (5) The increasing role of the United States in the Arctic + has been highlighted in each of the last four national defense + authorization acts. + (6) The United States Coast Guard Arctic Strategic Outlook + released in April 2019 states, ``Demonstrating commitment to + operational presence, Canada, Denmark, and Norway have made + strategic investments in ice-capable patrol ships charged with + national or homeland security missions. The United States is + the only Arctic State that has not made similar investments in + ice-capable surface maritime security assets. This limits the + ability of the Coast Guard, and the Nation, to credibly uphold + sovereignty or respond to contingencies in the Arctic.''. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) the Arctic is a region of strategic importance to the + national security interests of the United States, and the Coast + Guard must better align its mission prioritization and + development of capabilities to meet the growing array of + challenges in the region; + (2) the increasing freedom of navigation and expansion of + activity in the Arctic must be met with an increasing show of + Coast Guard forces capable of exerting influence through + persistent presence; + (3) Congress fully supports the needed and important re- + capitalization of the fleet of cutters and aircraft of the + Coast Guard, but, the Coast Guard must avoid overextending + operational assets for remote international missions at the + cost of dedicated focus on this domestic area of responsibility + with significant international interest and activity; and + (4) although some progress has been made to increase + awareness of Arctic issues and to promote increased presence in + the region, additional measures are needed to protect vital + economic, environmental, and national security interests of the + United States, and to show the commitment of the United States + to this emerging strategic choke point of increasing great + power competition. + (c) Arctic Defined.--In this section, the term ``Arctic'' has the +meaning given that term in section 112 of the Arctic Research and +Policy Act of 1984 (15 U.S.C. 4111). + +SEC. 11302. ARCTIC PARS NATIVE ENGAGEMENT. + + The Commandant shall-- + (1) engage directly with local coastal whaling and fishing + communities in the Arctic region when conducting the Alaskan + Arctic Coast Port Access Route Study, in accordance with + chapter 700 of title 46, United States Code, and as described + in the notice of study published in the Federal Register on + December 21, 2018 (83 Fed. Reg. 65701); and + (2) consider the concerns of the Arctic coastal community + regarding any Alaskan Arctic Coast Port Access Route, including + safety needs and concerns. + +SEC. 11303. VOTING REQUIREMENT. + + Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery +Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv)) is +amended to read as follows: + ``(iv) Voting requirement.--The panel may + act only by the affirmative vote of at least 5 + of its members, except that any decision made + pursuant to the last sentence of subparagraph + (C) shall require the unanimous vote of all 6 + members of the panel.''. + +SEC. 11304. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the department in which the +Coast Guard is operating shall submit to the appropriate committees of +Congress a report setting forth the results of a study on the Arctic +capabilities of the Armed Forces. The Secretary shall enter into a +contract with an appropriate federally funded research and development +center for the conduct of the study. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A comparison of the capabilities of the United States, + the Russian Federation, the People's Republic of China, and + other countries operating in the Arctic, including an + assessment of the ability of the navy of each such country to + operate in varying sea-ice conditions. + (2) A description of commercial and foreign military + surface forces currently operating in the Arctic in conditions + inaccessible to Navy surface forces. + (3) An assessment of the potential security risk posed to + Coast Guard forces by military forces of other countries + operating in the Arctic in conditions inaccessible to Navy + surface or aviation forces in the manner such forces currently + operate. + (4) A comparison of the domain awareness capabilities of-- + (A) Coast Guard forces operating alone; and + (B) Coast Guard forces operating in tandem with + Navy surface and aviation forces and the surface and + aviation forces of other allies. + (5) A comparison of the defensive capabilities of-- + (A) Coast Guard forces operating alone; and + (B) Coast Guard forces operating in mutual defense + with Navy forces, other Armed Forces, and the military + forces of allies. + (c) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on + Commerce, Science, and Transportation, and the Committee on + Appropriations of the Senate; and + (2) the Committee on Armed Services, the Committee on + Transportation and Infrastructure, and the Committee on + Appropriations of the House of Representatives. + +SEC. 11305. REPORT ON ARCTIC SEARCH AND RESCUE. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Commandant shall submit to the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives a +report on the search and rescue capabilities of the Coast Guard in +Arctic coastal communities. + (b) Contents.--The report under subsection (a) shall include the +following: + (1) An identification of ways in which the Coast Guard can + more effectively partner with Arctic coastal communities to + respond to search and rescue incidents through training, + funding, and deployment of assets. + (2) An analysis of the costs of forward deploying on a + seasonal basis Coast Guard assets in support of such + communities for responses to such incidents. + +SEC. 11306. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE. + + (a) Purpose.--The purpose of this section is to establish a Federal +advisory committee to provide policy recommendations to the Secretary +of Transportation on positioning the United States to take advantage of +emerging opportunities for Arctic maritime transportation. + (b) Definitions.--In this section: + (1) Advisory committee.--The term ``Advisory Committee'' + means the Arctic Shipping Federal Advisory Committee + established under subsection (c)(1). + (2) Arctic.--The term ``Arctic'' has the meaning given the + term in section 112 of the Arctic Research and Policy Act of + 1984 (15 U.S.C. 4111). + (3) Arctic sea routes.--The term ``Arctic Sea Routes'' + means the international Northern Sea Route, the Transpolar Sea + Route, and the Northwest Passage. + (c) Establishment of the Arctic Shipping Federal Advisory +Committee.-- + (1) Establishment of advisory committee.-- + (A) In general.--The Secretary of Transportation, + in coordination with the Secretary of State, the + Secretary of Defense acting through the Secretary of + the Army and the Secretary of the Navy, the Secretary + of Commerce, and the Secretary of the Department in + which the Coast Guard is operating, shall establish an + Arctic Shipping Federal Advisory Committee in the + Department of Transportation to advise the Secretary of + Transportation and the Secretary of the Department in + which the Coast Guard is operating on matters related + to Arctic maritime transportation, including Arctic + seaway development. + (B) Meetings.--The Advisory Committee shall meet at + the call of the Chairperson, and at least once annually + in Alaska. + (2) Membership.-- + (A) In general.--The Advisory Committee shall be + composed of 17 members as described in subparagraph + (B). + (B) Composition.--The members of the Advisory + Committee shall be-- + (i) 1 individual appointed and designated + by the Secretary of Transportation to serve as + the Chairperson of the Advisory Committee; + (ii) 1 individual appointed and designated + by the Secretary of the Department in which the + Coast Guard is operating to serve as the Vice + Chairperson of the Advisory Committee; + (iii) 1 designee of the Secretary of + Commerce; + (iv) 1 designee of the Secretary of State; + (v) 1 designee of the Secretary of + Transportation; + (vi) 1 designee of the Secretary of + Defense; + (vii) 1 designee from the State of Alaska, + nominated by the Governor of Alaska and + designated by the Secretary of Transportation; + (viii) 1 designee from the State of + Washington, nominated by the Governor of + Washington and designated by the Secretary of + Transportation; + (ix) 3 Alaska Native Tribal members; + (x) 1 individual representing Alaska Native + subsistence co-management groups affected by + Arctic maritime transportation; + (xi) 1 individual representing coastal + communities affected by Arctic maritime + transportation; + (xii) 1 individual representing vessels of + the United States (as defined in section 116 of + title 46, United States Code) participating in + the shipping industry; + (xiii) 1 individual representing the marine + safety community; + (xiv) 1 individual representing the Arctic + business community; and + (xv) 1 individual representing maritime + labor organizations. + (C) Terms.-- + (i) Limitations.--Each member of the + Advisory Committee described in clauses (vii) + through (xv) of subparagraph (B) shall serve + for a 2-year term and shall not be eligible for + more than 2 consecutive term reappointments. + (ii) Vacancies.--Any vacancy in the + membership of the Advisory Committee shall not + affect its responsibilities, but shall be + filled in the same manner as the original + appointment and in accordance with the Federal + Advisory Committee Act (5 U.S.C. App.). + (3) Functions.--The Advisory Committee shall carry out all + of the following functions: + (A) Develop a set of policy recommendations that + would enhance the leadership role played by the United + States in improving the safety and reliability of + Arctic maritime transportation in accordance with + customary international maritime law and existing + Federal authority. Such policy recommendations shall + consider options to establish a United States entity + that could perform the following functions in + accordance with United States law and customary + international maritime law: + (i) Construction, operation, and + maintenance of current and future maritime + infrastructure necessary for vessels transiting + the Arctic Sea Routes, including potential new + deep draft and deepwater ports. + (ii) Provision of services that are not + widely commercially available in the United + States Arctic that would-- + (I) improve Arctic maritime safety + and environmental protection; + (II) enhance Arctic maritime domain + awareness; and + (III) support navigation and + incident response for vessels + transiting the Arctic Sea Routes. + (iii) Establishment of rules of measurement + for vessels and cargo for the purposes of + levying voluntary rates of charges or fees for + services. + (B) As an option under subparagraph (A), consider + establishing a congressionally chartered seaway + development corporation modeled on the Saint Lawrence + Seaway Development Corporation, and-- + (i) develop recommendations for + establishing such a corporation and a detailed + implementation plan for establishing such an + entity; or + (ii) if the Advisory Committee decides + against recommending the establishment of such + a corporation, provide a written explanation as + to the rationale for the decision and develop + an alternative, as practicable. + (C) Provide advice and recommendations, as + requested, to the Secretary of Transportation and the + Secretary of the Department in which the Coast Guard is + operating on Arctic marine transportation, including + seaway development, and consider national security + interests, where applicable, in such recommendations. + (D) In developing the advice and recommendations + under subparagraph (C), engage with and solicit + feedback from coastal communities, Alaska Native + subsistence co-management groups, and Alaska Native + tribes. + (d) Report to Congress.--Not later than 2 years after the date of +enactment of this Act, the Advisory Committee shall submit a report +with its recommendations under subparagraphs (A) and (B) of subsection +(c)(3) to the Committee on Commerce, Science, and Transportation of the +Senate and the Committee on Transportation and Infrastructure of the +House of Representatives. + (e) Termination of the Advisory Committee.--Not later than 8 years +after the submission of the report described in subsection (d), the +Secretary of Transportation shall dissolve the Advisory Committee. + (f) International Engagement.--If a Special Representative for the +Arctic Region is appointed by the Secretary of State, the duties of +that Representative shall include-- + (1) coordination of any activities recommended by the + implementation plan submitted by the Advisory Committee and + approved by the Secretary of Transportation; and + (2) facilitation of multilateral dialogues with member and + observer nations of the Arctic Council to encourage cooperation + on Arctic maritime transportation. + (g) Tribal Consultation.--In implementing any of the +recommendations provided under subsection (c)(3)(C), the Secretary of +Transportation shall consult with Alaska Native tribes. + + Subtitle D--Other Matters + +SEC. 11401. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN. + + (a) In General.--(1) The Commandant, in coordination with the +Administrator of the Federal Aviation Administration with regard to any +regulatory or safety matter regarding airspace, air space +authorization, or aviation, shall develop plans for a demonstration +program that will determine whether wing-in-ground craft, as such term +is defined in section 2101 of title 46, United States Code, that is +capable of carrying at least one individual, can-- + (A) provide transportation in areas in which energy + exploration, development or production activity takes place on + the Outer Continental Shelf; and + (B) under the craft's own power, safely reach helidecks or + platforms located on offshore energy facilities. + (2) Requirements.--The plans required under paragraph (1) shall-- + (A) examine and explain any safety issues with regard to + the operation of the such craft as a vessel, or as an aircraft, + or both; + (B) include a timeline and technical milestones for the + implementation of such a demonstration program; + (C) outline resource requirements needed to undertake such + a demonstration program; + (D) describe specific operational circumstances under which + the craft may be used, including distance from United States + land, altitude, number of individuals, amount of cargo, and + speed and weight of vessel; + (E) describe the operations under which Federal Aviation + Administration statutes, regulations, circulars, or orders + apply; and + (F) describe the certifications, permits, or authorizations + required to perform any operations. + (b) Report.--Not later than 1 year after the date of the enactment +of this Act, the Commandant, along with the Administrator of the +Federal Aviation Administration with regard to any regulatory or safety +matter regarding airspace, air space authorization, or aviation, shall +brief the Committee on Transportation and Infrastructure of the House +of Representatives and the Committee on Commerce, Science and +Transportation of the Senate on the plan developed under subsection +(a), including-- + (1) any regulatory changes needed regarding inspections and + manning, to allow such craft to operate between onshore + facilities and offshore energy facilities when such craft is + operating as a vessel; + (2) any regulatory changes that would be necessary to + address potential impacts to air traffic control, the National + Airspace System, and other aircraft operations, and to ensure + safe operations on or near helidecks and platforms located on + offshore energy facilities when such craft are operating as + aircraft; and + (3) any other statutory or regulatory changes related to + authority of the Federal Aviation Administration over + operations of the craft. + +SEC. 11402. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING. + + Notwithstanding any other provision of law, not later than 180 days +after the date of the enactment of this Act, the Secretary of the +department in which the Coast Guard is operating, in consultation with +the Administrator of the Environmental Protection Agency and the +Administrator of the Pipeline and Hazardous Materials Safety +Administration, shall update the Northern Michigan Area Contingency +Plan to include a worst-case discharge from a pipeline in adverse +weather conditions. + +SEC. 11403. DOCUMENTATION OF LNG TANKERS. + + Section 7(b) of the America's Cup Act of 2011 (Public Law 112-61) +is amended-- + (1) in paragraph (3)-- + (A) by striking ``of the vessel on the date of + enactment of this Act''; and + (B) by inserting before the period the following: + ``, unless prior to any such sale the vessel has been + operated in a coastwise trade for not less than 1 year + after the date of enactment of the Elijah E. Cummings + Coast Guard Authorization Act of 2020 and prior to sale + of vessel''; + (2) by redesignating paragraphs (2) and (3) as paragraphs + (4) and (5), respectively; and + (3) by inserting after paragraph (1) the following: + ``(2) Limitation on ownership.--The Secretary of the + department in which the Coast Guard is operating may only issue + a certificate of documentation with a coastwise endorsement to + a vessel designated in paragraph (1) if the owner of the vessel + is an individual or individuals who are citizens of the United + States, or is deemed to be such a citizen under section 50501 + of title 46, United States Code. + ``(3) Limitation on repair and modification.-- + ``(A) Requirement.--Any qualified work shall be + performed at a shipyard facility located in the United + States. + ``(B) Exceptions.--The requirement in subparagraph + (A) does not apply to any qualified work-- + ``(i) for which the owner or operator + enters into a binding agreement no later than 1 + year after the date of enactment of the Elijah + E. Cummings Coast Guard Authorization Act of + 2020; or + ``(ii) necessary for the safe towage of the + vessel from outside the United States to a + shipyard facility in the United States for + completion of the qualified work. + ``(C) Definition.--In this paragraph, qualified + work means repair and modification necessary for the + issuance of a certificate of inspection issued as a + result of the waiver for which a coastwise endorsement + is issued under paragraph (1).''. + +SEC. 11404. REPLACEMENT VESSEL. + + Notwithstanding section 208(g)(5) of the American Fisheries Act +(Public Law 105-277; 16 U.S.C. 1851 note), a vessel eligible under +section 208(e)(21) of such Act that is replaced under section 208(g) of +such Act shall be subject to a sideboard restriction catch limit of +zero metric tons in the Bering Sea and Aleutian Islands and in the Gulf +of Alaska unless that vessel is also a replacement vessel under section +679.4(o)(4) of title 50, Code of Federal Regulations, in which case +such vessel shall not be eligible to be a catcher/processor under +section 206(b)(2) of such Act. + +SEC. 11405. EDUCATIONAL VESSEL. + + (a) In General.--Notwithstanding section 12112(a)(2) of title 46, +United States Code, the Secretary of the department in which the Coast +Guard is operating may issue a certificate of documentation with a +coastwise endorsement for the vessel Oliver Hazard Perry (IMO number +8775560; United States official number 1257224). + (b) Termination of Effectiveness of Endorsement.--The coastwise +endorsement authorized under subsection (a) for the vessel Oliver +Hazard Perry (IMO number 8775560; United States official number +1257224) shall expire on the first date on which any of the following +occurs: + (1) The vessel is sold to a person, including an entity, + that is not related by ownership or control to the person, + including an entity, that owned the vessel on the date of the + enactment of this Act. + (2) The vessel is rebuilt and not rebuilt in the United + States (as defined in section 12101(a) of title 46, United + States Code). + (3) The vessel is no longer operating in primary service as + a sailing school vessel. + +SEC. 11406. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR + CERTAIN PURPOSES. + + The Coalbank Slough in Coos Bay, Oregon, is deemed to not be +navigable waters of the United States for all purposes of subchapter J +of Chapter I of title 33, Code of Federal Regulations. + +SEC. 11407. ANCHORAGES. + + (a) In General.--The Secretary of the department in which the Coast +Guard is operating shall suspend the establishment of new anchorage +grounds on the Hudson River between Yonkers, New York, and Kingston, +New York, under section 7 of the Rivers and Harbors Appropriations Act +of 1915 (33 U.S.C. 471) or chapter 700 of title 46, United States Code. + (b) Restriction.--The Commandant may not establish or expand any +anchorage grounds outside of the reach on the Hudson River described in +subsection (a) without first providing notice to the Committee on +Transportation and Infrastructure of the House of Representatives and +the Committee on Commerce, Science, and Transportation of the Senate +not later than 180 days prior to the establishment or expansion of any +such anchorage grounds. + (c) Savings Clause.--Nothing in this section-- + (1) prevents the master or pilot of a vessel operating on + the reach of the Hudson River described in subsection (a) from + taking emergency actions necessary to maintain the safety of + the vessel or to prevent the loss of life or property; or + (2) shall be construed as limiting the authority of the + Secretary of the department in which the Coast Guard is + operating to exercise authority over the movement of a vessel + under section 70002 of title 46, United States Code, or any + other applicable laws or regulations governing the safe + navigation of a vessel. + (d) Study.--The Commandant of the Coast Guard, in consultation with +the Hudson River Safety, Navigation, and Operations Committee, shall +conduct a study of the Hudson River north of Tarrytown, New York to +examine-- + (1) the nature of vessel traffic including vessel types, + sizes, cargoes, and frequency of transits; + (2) the risks and benefits of historic practices for + commercial vessels anchoring; and + (3) the risks and benefits of establishing anchorage + grounds on the Hudson River. + (e) Report.--Not later than 1 year after the date of the enactment +of this Act, the Commandant of the Coast Guard shall submit to the +Committee on Transportation and Infrastructure of the House of +Representatives and the Committee on Commerce, Science, and +Transportation of the Senate a report containing the findings, +conclusions, and recommendations from the study required under +subsection (d). + +SEC. 11408. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT + ON VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD + STATIONS IN WASHINGTON AND OREGON. + + (a) Study.-- + (1) In general.--The Comptroller General of the United + States shall conduct a study that examines the potential use, + in the event of a Cascadia subduction zone event, of a vertical + evacuation of Coast Guard personnel stationed at United States + Coast Guard Station Grays Harbor and Sector Field Office Port + Angeles, Washington, and at United States Coast Guard Station + Yaquina Bay and United States Coast Guard Motor Lifeboat + Station Coos Bay, Oregon, and the dependents of such Coast + Guard personnel housed in Coast Guard housing. + (2) Elements.--The study required under paragraph (1) shall + analyze the following: + (A) The number of such personnel and dependents to + be evacuated. + (B) The resources available to conduct an + evacuation, and the feasibility of a successful + evacuation in a case in which inundation maps and + timelines are available. + (C) With the resources available, the amount of + time needed to evacuate such personnel and dependents. + (D) Any resource that is otherwise available within + a reasonable walking distance to the Coast Guard + facilities listed in paragraph (1). + (E) The benefit to the surrounding community of + such a vertical evacuation. + (F) The interoperability of the tsunami warning + system with the Coast Guard communication systems at + the Coast Guard facilities listed in paragraph (1). + (G) Current interagency coordination and + communication policies in place for emergency + responders to address a Cascadia subduction zone event. + (b) Report.--Not later than 1 year after the date of the enactment +of this Act, the Comptroller General shall submit to the Committee on +Commerce, Science, and Transportation of the Senate and the Committee +on Transportation and Infrastructure of the House of Representatives a +report containing the findings, conclusions, and recommendations, if +any, from the study required under subsection (a). + +SEC. 11409. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST + GUARD MUSEUM ASSOCIATION. + + (a) In General.--Section 316 of title 14, United States Code, is +amended to read as follows: +``Sec. 316. National Coast Guard Museum + ``(a) Establishment.--The Commandant may establish, accept, +operate, maintain and support the Museum, on lands which will be +federally owned and administered by the Coast Guard, and are located in +New London, Connecticut. + ``(b) Use of Funds.-- + ``(1) The Secretary shall not expend any funds appropriated + to the Coast Guard on the construction of any museum + established under this section. + ``(2) Subject to the availability of appropriations, the + Secretary may expend funds appropriated to the Coast Guard on + the engineering and design of a Museum. + ``(3) The priority for the use of funds appropriated to the + Coast Guard shall be to preserve, protect, and display historic + Coast Guard artifacts, including the design, fabrication, and + installation of exhibits or displays in which such artifacts + are included. + ``(4) To the maximum extent practicable, the Secretary + shall minimize the use of Federal funds for the construction of + the Museum. + ``(c) Funding Plan.--Not later than 2 years after the date of the +enactment of the Elijah E. Cummings Coast Guard Authorization Act of +2020 and at least 90 days before the date on which the Commandant +accepts the Museum under subsection (f), the Commandant shall submit to +the Committee on Commerce, Science, and Transportation of the Senate +and the Committee on Transportation and Infrastructure of the House of +Representatives a plan for constructing, operating, and maintaining +such Museum, including-- + ``(1) estimated planning, engineering, design, + construction, operation, and maintenance costs; + ``(2) the extent to which appropriated, nonappropriated, + and non-Federal funds will be used for such purposes, including + the extent to which there is any shortfall in funding for + engineering, design, or construction; + ``(3) an explanation of any environmental remediation + issues related to the land associated with the Museum; and + ``(4) a certification by the Inspector General of the + department in which the Coast Guard is operating that the + estimates provided pursuant to paragraphs (1) and (2) are + reasonable and realistic. + ``(d) Construction.-- + ``(1) The Association may construct the Museum described in + subsection (a). + ``(2) The Museum shall be designed and constructed in + compliance with the International Building Code 2018, and + construction performed on Federal land under this section shall + be exempt from State and local requirements for building or + demolition permits. + ``(e) Agreements.--Under such terms and conditions as the +Commandant considers appropriate, notwithstanding section 504, and +until the Commandant accepts the Museum under subsection (f), the +Commandant may-- + ``(1) license Federal land to the Association for the + purpose of constructing the Museum described in subsection (a); + and + ``(2)(A) at a nominal charge, lease the Museum from the + Association for activities and operations related to the + Museum; and + ``(B) authorize the Association to generate revenue + from the use of the Museum. + ``(f) Acceptance.--Not earlier than 90 days after the Commandant +submits the plan under subsection (c), the Commandant shall accept the +Museum from the Association and all right, title, and interest in and +to the Museum shall vest in the United States when-- + ``(1) the Association demonstrates, in a manner acceptable + to the Commandant, that the Museum meets the design and + construction requirements of subsection (d); and + ``(2) all financial obligations of the Association incident + to the National Coast Guard Museum have been satisfied. + ``(g) Gifts.-- + ``(1) The Commandant may solicit from the Association and + accept funds and in-kind gifts from nonprofit entities, + including services related to activities for the construction + of the Museum. + ``(2) Funds and in-kind gifts described in paragraph (1) + shall be-- + ``(A) accepted and administered consistent with + section 2601 of title 10; and + ``(B) deposited in the Coast Guard General Gift + Fund. + ``(3) The use of any funds and in-kind gifts described in + paragraph (1) shall be subject to the availability of + appropriations. + ``(h) Authority.--The Commandant may not establish a Museum except +as set forth in this section. + ``(i) Definitions.--In this section: + ``(1) Museum.--The term `Museum' means the National Coast + Guard Museum. + ``(2) Association.--The term `Association' means the + National Coast Guard Museum Association.''. + (b) Briefings.--Not later than March 1 of the fiscal year after the +fiscal year in which the report required under subsection (d) of +section 316 of title 14, United States Code, is provided, and not later +than March 1 of each year thereafter until 1 year after the year in +which the National Coast Guard Museum is accepted pursuant to +subsection (f) of such section, the Commandant shall brief the +Committee on Commerce, Science, and Transportation of the Senate and +the Committee on Transportation and Infrastructure of the House of +Representatives on the following issues with respect to the Museum: + (1) The acceptance of gifts. + (2) Engineering. + (3) Design and project status. + (4) Land ownership. + (5) Environmental remediation. + (6) Operation and support issues. + (7) Plans. + +SEC. 11410. FORMAL SEXUAL ASSAULT POLICIES FOR PASSENGER VESSELS. + + (d) Maintenance and Placement of Video Surveillance Equipment.-- +Section 3507(b)(1) of title 46, United States Code, is amended-- + (1) by striking ``The owner'' and inserting the following: + ``(A) In general.--The owner''; + (2) by striking ``, as determined by the Secretary''; and + (3) by adding at the end, the following: + ``(B) Placement of video surveillance equipment.-- + ``(i) In general.--Not later than 18 months + after the date of the enactment of the Elijah + E. Cummings Coast Guard Authorization Act of + 2020, the Commandant in consultation with other + relevant Federal agencies or entities as + determined by the Commandant, shall establish + guidance for performance of the risk assessment + described in paragraph (2) regarding the + appropriate placement of video surveillance + equipment in passenger and crew common areas + where there is no reasonable expectation of + privacy. + ``(ii) Risk assessment.--Not later than 1 + year after the Commandant establishes the + guidance described in paragraph (1), the owner + shall conduct the risk assessment required + under paragraph (1) and shall-- + ``(I) evaluate the placement of + video surveillance equipment to deter, + prevent, and record a sexual assault + aboard the vessel considering factors + such as: ship layout and design, + itinerary, crew complement, number of + passengers, passenger demographics, and + historical data on the type and + location of prior sexual assault + incident allegations; + ``(II) incorporate to the maximum + extent practicable the video + surveillance guidance established by + the Commandant regarding the + appropriate placement of video + surveillance equipment; + ``(III) arrange for the risk + assessment to be conducted by an + independent third party with expertise + in the use and placement of camera + surveillance to deter, prevent and + record criminal behavior; and + ``(IV) the independent third party + referred to in paragraph (C) shall be a + company that has been accepted by a + classification society that is a member + of the International Association of + Classification Societies (hereinafter + referred to as `IACS') or another + classification society recognized by + the Secretary as meeting acceptable + standards for such a society pursuant + to section 3316(b). + ``(C) Surveillance plan.--Not later than 180 days + after completion of the risk assessment conducted under + subparagraph (B)(ii), the owner of a vessel shall + develop a plan to install video surveillance equipment + in places determined to be appropriate in accordance + with the results of the risk assessment conducted under + subparagraph (B)(ii), except in areas where a person + has a reasonable expectation of privacy. Such plan + shall be evaluated and approved by an independent third + party with expertise in the use and placement of camera + surveillance to deter, prevent and record criminal + behavior that has been accepted as set forth in + paragraph (2)(D). + ``(D) Installation.--The owner of a vessel to which + this section applies shall, consistent with the + surveillance plan approved under subparagraph (C), + install appropriate video surveillance equipment aboard + the vessel not later than 2 years after approval of the + plan, or during the next scheduled drydock, whichever + is later. + ``(E) Attestation.--At the time of initial + installation under subparagraph (D), the vessel owner + shall obtain written attestations from-- + ``(i) an IACS classification society that + the video surveillance equipment is installed + in accordance with the surveillance plan + required under subparagraph (C); and + ``(ii) the company security officer that + the surveillance equipment and associated + systems are operational, which attestation + shall be obtained each year thereafter. + ``(F) Updates.--The vessel owner shall ensure the + risk assessment described in subparagraph (B)(ii) and + installation plan in subparagraph (C) are updated not + later than 5 years after the initial installation + conducted under subparagraph (D), and every 5 years + thereafter. The updated assessment and plan shall be + approved by an independent third party with expertise + in the use and placement of camera surveillance to + deter, prevent, and record criminal behavior that has + been accepted by an IACS classification society. The + vessel owner shall implement the updated installation + plan not later than 180 days after approval. + ``(G) Availability.--Each risk assessment, + installation plan and attestation shall be protected + from disclosure under the Freedom of Information Act, + section 552 of title 5 but shall be available to the + Coast Guard-- + ``(i) upon request, and + ``(ii) at the time of the certificate of + compliance or certificate of inspection + examination. + ``(H) Definitions.--For purposes of this section a + `ship security officer' is an individual that, with the + master's approval, has full responsibility for vessel + security consistent with the International Ship and + Port Facility Security Code.''. + (e) Access to Video Records; Notice of Video Surveillance.--Section +3507(b), of title 46, United States Code, is further amended-- + (1) by redesignating paragraph (2) as paragraph (3); + (2) by inserting after paragraph (1) the following: + ``(2) Notice of video surveillance.--The owner of a vessel + to which this section applies shall provide clear and + conspicuous signs on board the vessel notifying the public of + the presence of video surveillance equipment.''; + (3) in paragraph (3), as so redesignated-- + (A) by striking ``The owner'' and inserting the + following: + ``(A) Law enforcement.--The owner''; and + (B) by adding at the end the following: + ``(B) Civil actions.--Except as proscribed by law + enforcement authorities or court order, the owner of a + vessel to which this section applies shall, upon + written request, provide to any individual or the + individual's legal representative a copy of all records + of video surveillance-- + ``(i) in which the individual is a subject + of the video surveillance; and + ``(ii) that may provide evidence of any + sexual assault incident in a civil action. + ``(C) Limited access.--The owner of a vessel to + which this section applies shall ensure that access to + records of video surveillance is limited to the + purposes described in this paragraph.''. + (f) Retention Requirements.-- + (1) In general.--Section 3507(b), of title 46, United + States Code, is further amended by adding at the end the + following: + ``(4) Retention requirements.--The owner of a vessel to + which this section applies shall retain all records of video + surveillance for not less than 20 days after the footage is + obtained. The vessel owner shall include a statement in the + security guide required by subsection (c)(1)(A) that the vessel + owner is required by law to retain video surveillance footage + for the period specified in this paragraph. If an incident + described in subsection (g)(3)(A)(i) is alleged and reported to + law enforcement, all records of video surveillance from the + voyage that the Federal Bureau of Investigation determines are + relevant shall-- + ``(A) be provided to the Federal Bureau of + Investigation; and + ``(B) be preserved by the vessel owner for not less + than 4 years from the date of the alleged incident.''. + (2) Administrative provisions.-- + (A) Study and report.--Each owner of a vessel to + which section 3507, of title 46, United States Code, + applies shall, not later than March 1, 2023, submit to + the Committee on Transportation and Infrastructure of + the House of Representatives and the Committee on + Commerce, Science, and Transportation of the Senate a + report detailing the total number of voyages for the + preceding year and the percentage of those voyages that + were 30 days or longer. + (B) Interim standards.--Not later than 180 days + after the date of enactment of this Act, the + Commandant, in consultation with the Federal Bureau of + Investigation, shall promulgate interim standards for + the retention of records of video surveillance. + (C) Final standards.--Not later than 1 year after + the date of enactment of this Act, the Commandant, in + consultation with the Federal Bureau of Investigation, + shall promulgate final standards for the retention of + records of video surveillance. + (D) Considerations.--In promulgating standards + under subparagraphs (B) and (B), the Commandant shall-- + (i) consider factors that would aid in the + investigation of serious crimes, including the + results of the report by the Commandant + provided under subparagraph (A), as well as + crimes that go unreported until after the + completion of a voyage; + (ii) consider the different types of video + surveillance systems and storage requirements + in creating standards both for vessels + currently in operation and for vessels newly + built; + (iii) consider privacy, including standards + for permissible access to and monitoring and + use of the records of video surveillance; and + (iv) consider technological advancements, + including requirements to update technology. + +SEC. 11411. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS. + + Section 3306 of title 46, United States Code, is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by + inserting ``, including covered small passenger vessels + (as defined in subsection (n)(5))'' after ``vessels + subject to inspection''; and + (B) in paragraph (5), by inserting before the + period at the end ``, including rechargeable devices + utilized for personal or commercial electronic + equipment''; and + (2) by adding at the end the following: + ``(n) Covered Small Passenger Vessels.-- + ``(1) Regulations.--The Secretary shall prescribe + additional regulations to secure the safety of individuals and + property on board covered small passenger vessels. + ``(2) Comprehensive review.--In order to prescribe the + regulations under paragraph (1), the Secretary shall conduct a + comprehensive review of all requirements (including + calculations), in existence on the date of enactment of the + Elijah E. Cummings Coast Guard Authorization Act of 2020, that + apply to covered small passenger vessels, with respect to fire + detection, protection, and suppression systems, and avenues of + egress, on board such vessels. + ``(3) Requirements.-- + ``(A) In general.--Subject to subparagraph (B), the + regulations prescribed under paragraph (1) shall + include, with respect to covered small passenger + vessels, regulations for-- + ``(i) marine firefighting training programs + to improve crewmember training and proficiency, + including emergency egress training for each + member of the crew, to occur for all members on + the crew-- + ``(I) at least monthly while such + members are employed on board the + vessel; and + ``(II) each time a new crewmember + joins the crew of such vessel; + ``(ii) in all areas on board the vessel + where passengers and crew have access, + including dining areas, sleeping quarters, and + lounges-- + ``(I) interconnected fire detection + equipment, including audible and visual + alarms; and + ``(II) additional fire + extinguishers and other firefighting + equipment; + ``(iii) the installation and use of + monitoring devices to ensure the wakefulness of + the required night watch; + ``(iv) increased fire detection and + suppression systems (including additional fire + extinguishers) on board such vessels in + unmanned areas with machinery or areas with + other potential heat sources; + ``(v) all general areas accessible to + passengers to have no less than 2 independent + avenues of escape that are-- + ``(I) constructed and arranged to + allow for free and unobstructed egress + from such areas; + ``(II) located so that if one + avenue of escape is not available, + another avenue of escape is available; + and + ``(III) not located directly above, + or dependent on, a berth; + ``(vi) the handling, storage, and operation + of flammable items, such as rechargeable + batteries, including lithium ion batteries + utilized for commercial purposes on board such + vessels; + ``(vii) passenger emergency egress drills + for all areas on the vessel to which passengers + have access, which shall occur prior to the + vessel beginning each excursion; and + ``(viii) all passengers to be provided a + copy of the emergency egress plan for the + vessel. + ``(B) Applicability to certain covered small + passenger vessels.--The requirements described in + clauses (iii), (v), (vii), and (viii) of subparagraph + (A) shall only apply to a covered small passenger + vessel that has overnight passenger accommodations. + ``(4) Interim requirements.-- + ``(A) Interim requirements.--The Secretary shall, + prior to issuing final regulations under paragraph (1), + implement interim requirements to enforce the + requirements under paragraph (3). + ``(B) Implementation.--The Secretary shall + implement the interim requirements under subparagraph + (A) without regard to chapters 5 and 6 of title 5 and + Executive Order Nos. 12866 and 13563 (5 U.S.C. 601 + note; relating to regulatory planning and review and + relating to improving regulation and regulatory + review). + ``(5) Definition of covered small passenger vessel.--In + this subsection, the term `covered small passenger vessel'-- + ``(A) except as provided in subparagraph (B), means + a small passenger vessel (as defined in section 2101) + that-- + ``(i) has overnight passenger + accommodations; or + ``(ii) is operating on a coastwise or + oceans route; and + ``(B) does not include a ferry (as defined in + section 2101) or fishing vessel (as defined in section + 2101).''. + + TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS + +SEC. 12001. TRANSFERS. + + (a) In General.-- + (1) Section 215 of the Coast Guard and Maritime + Transportation Act of 2004 (Public Law 108-293; 14 U.S.C. 504 + note) is redesignated as section 322 of title 14, United States + Code, transferred to appear after section 321 of such title (as + added by this division), and amended so that the enumerator, + section heading, typeface, and typestyle conform to those + appearing in other sections in title 14, United States Code. + (2) Section 406 of the Maritime Transportation Security Act + of 2002 (Public Law 107-295; 14 U.S.C. 501 note) is + redesignated as section 720 of title 14, United States Code, + transferred to appear after section 719 of such title (as added + by this division), and amended so that the enumerator, section + heading, typeface, and typestyle conform to those appearing in + other sections in title 14, United States Code. + (3) Section 1110 of title 14, United States Code, is + redesignated as section 5110 of such title and transferred to + appear after section 5109 of such title (as added by this + division). + (4) Section 401 of the Coast Guard Authorization Act of + 2010 (Public Law 111-281) is amended by striking subsection + (e). + (5) Subchapter I of chapter 11 of title 14, United States + Code, as amended by this division, is amended by inserting + after section 1109 the following: +``Sec. 1110. Elevation of disputes to the Chief Acquisition Officer + ``If, after 90 days following the elevation to the Chief +Acquisition Officer of any design or other dispute regarding level 1 or +level 2 acquisition, the dispute remains unresolved, the Commandant +shall provide to the appropriate congressional committees a detailed +description of the issue and the rationale underlying the decision +taken by the Chief Acquisition Officer to resolve the issue.''. + (6) Section 7 of the Rivers and Harbors Appropriations Act + of 1915 (33 U.S.C. 471) is amended-- + (A) by transferring such section to appear after + section 70005 of title 46, United States Code; + (B) by striking ``Sec. 7.'' and inserting + ``Sec. 70006. Establishment by Secretary of the + department in which the Coast Guard is operating of + anchorage grounds and regulations generally''; and + (C) by adjusting the margins with respect to + subsections (a) and (b) for the presence of a section + heading accordingly. + (7) Section 217 of the Coast Guard Authorization Act of + 2010 (Public Law 111-281; 14 U.S.C. 504 note)-- + (A) is redesignated as section 5112 of title 14, + United States Code, transferred to appear after section + 5111 of such title (as added by this division), and + amended so that the enumerator, section heading, + typeface, and typestyle conform to those appearing in + other sections in title 14, United States Code; and + (B) is amended-- + (i) by striking the heading and inserting + the following: +``Sec. 5112. Sexual assault and sexual harassment in the Coast Guard''; + and + (ii) in subsection (b), by adding at the + end the following: + ``(5)(A) The number of instances in which a covered + individual was accused of misconduct or crimes considered + collateral to the investigation of a sexual assault committed + against the individual. + ``(B) The number of instances in which adverse action was + taken against a covered individual who was accused of + collateral misconduct or crimes as described in subparagraph + (A). + ``(C) The percentage of investigations of sexual assaults + that involved an accusation or adverse action against a covered + individual as described in subparagraphs (A) and (B). + ``(D) In this paragraph, the term `covered individual' + means an individual who is identified as a victim of a sexual + assault in the case files of a military criminal investigative + organization.''. + (b) Clerical Amendments.-- + (1) The analysis for chapter 3 of title 14, United States + Code, as amended by this division, is further amended by adding + at the end the following: + +``322. Redistricting notification requirement.''. + (2) The analysis for chapter 7 of title 14, United States + Code, as amended by this division, is further amended by adding + at the end the following: + +``720. VHF communication services.''. + (3) The analysis for chapter 11 of title 14, United States + Code, is amended by striking the item relating to section 1110 + and inserting the following: + +``1110. Elevation of disputes to the Chief Acquisition Officer.''. + (4) The analysis for chapter 51 of title 14, United States + Code, as amended by this division, is further amended by adding + at the end the following: + +``5110. Mission need statement. +``5111. Report on diversity at Coast Guard Academy. +``5112. Sexual assault and sexual harassment in the Coast Guard.''. + (5) The analysis for chapter 700 of title 46, United States + Code, is further amended by inserting after the item relating + to section 70005 the following: + +``70006. Establishment by the Secretary of the department in which the + Coast Guard is operating of anchorage + grounds and regulations generally.''. + +SEC. 12002. ADDITIONAL TRANSFERS. + + (a) Section 204 of the Marine Transportation Security Act.-- + (1) The Maritime Transportation Security Act of 2002 is + amended by striking section 204 (33 U.S.C. 1902a). + (2) Section 3 of the Act to Prevent Pollution from Ships + (33 U.S.C. 1902)-- + (A) is amended by redesignating subsections (e) + through (i) as subsections (f) through (j) + respectively; and + (B) by inserting after subsection (d) the + following: + ``(e) Discharge of Agricultural Cargo Residue.--Notwithstanding any +other provision of law, the discharge from a vessel of any agricultural +cargo residue material in the form of hold washings shall be governed +exclusively by the provisions of this Act that implement Annex V to the +International Convention for the Prevention of Pollution from Ships.''. + (b) LNG Tankers.-- + (1) The Coast Guard and Maritime Transportation Act of 2006 + is amended by striking section 304 (Public Law 109-241; 120 + Stat. 527). + (2) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. + 1504) is amended by adding at the end the following: + ``(j) LNG Tankers.-- + ``(1) Program.--The Secretary of Transportation shall + develop and implement a program to promote the transportation + of liquefied natural gas to and from the United States on + United States flag vessels. + ``(2) Information to be provided.--When the Coast Guard is + operating as a contributing agency in the Federal Energy + Regulatory Commission's shoreside licensing process for a + liquefied natural gas or liquefied petroleum gas terminal + located on shore or within State seaward boundaries, the Coast + Guard shall provide to the Commission the information described + in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 + U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably + anticipated to be servicing that port.''. + +SEC. 12003. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS. + + (a) Service Under Licenses Issued Without Examination.-- + (1) Repeal.--Section 8303 of title 46, United States Code, + and the item relating to that section in the analysis for + chapter 83 of that title, are repealed. + (2) Conforming amendment.--Section 14305(a)(10) of title + 46, United States Code, is amended by striking ``sections 8303 + and 8304'' and inserting ``section 8304''. + (b) Standards for Tank Vessels of the United States.--Section 9102 +of title 46, United States Code, is amended-- + (1) by striking ``(a)'' before the first sentence; and + (2) by striking subsection (b). + +SEC. 12004. MARITIME TRANSPORTATION SYSTEM. + + (a) Maritime Transportation System.--Section 312(b)(4) of title 14, +United States Code, is amended by striking ``marine transportation +system'' and inserting ``maritime transportation system''. + (b) Clarification of Reference to Marine Transportation System +Programs.--Section 50307(a) of title 46, United States Code, is amended +by striking ``marine transportation'' and inserting ``maritime +transportation''. + +SEC. 12005. REFERENCES TO ``PERSONS'' AND ``SEAMEN''. + + (a) Technical Correction of References to ``Persons''.--Title 14, +United States Code, is amended as follows: + (1) In section 312(d), by striking ``persons'' and + inserting ``individuals''. + (2) In section 313(d)(2)(B), by striking ``person'' and + inserting ``individual''. + (3) In section 504-- + (A) in subsection (a)(19)(B), by striking ``a + person'' and inserting ``an individual''; and + (B) in subsection (c)(4), by striking ``seamen;'' + and inserting ``mariners;''. + (4) In section 521, by striking ``persons'' each place it + appears and inserting ``individuals''. + (5) In section 522-- + (A) by striking ``a person'' and inserting ``an + individual''; and + (B) by striking ``person'' the second and third + place it appears and inserting ``individual''. + (6) In section 525(a)(1)(C)(ii), by striking ``person'' and + inserting ``individual''. + (7) In section 526-- + (A) by striking ``person'' each place it appears + and inserting ``individual''; + (B) by striking ``persons'' each place it appears + and inserting ``individuals''; and + (C) in subsection (b), by striking ``person's'' and + inserting ``individual's''. + (8) In section 709-- + (A) by striking ``persons'' and inserting + ``individuals''; and + (B) by striking ``person'' and inserting + ``individual''. + (9) In section 933(b), by striking ``Every person'' and + inserting ``An individual''. + (10) In section 1102(d), by striking ``persons'' and + inserting ``individuals''. + (11) In section 1902(b)(3)-- + (A) in subparagraph (A), by striking ``person or + persons'' and inserting ``individual or individuals''; + and + (B) in subparagraph (B), by striking ``person'' and + inserting ``individual''. + (12) In section 1941(b), by striking ``persons'' and + inserting ``individuals''. + (13) In section 2101(b), by striking ``person'' and + inserting ``individual''. + (14) In section 2102(c), by striking ``A person'' and + inserting ``An individual''. + (15) In section 2104(b)-- + (A) by striking ``persons'' and inserting + ``individuals''; and + (B) by striking ``A person'' and inserting ``An + individual''. + (16) In section 2118(d), by striking ``person'' and + inserting ``individual who is''. + (17) In section 2147(d), by striking ``a person'' and + inserting ``an individual''. + (18) In section 2150(f), by striking ``person'' and + inserting ``individual who is''. + (19) In section 2161(b), by striking ``person'' and + inserting ``individual''. + (20) In section 2317-- + (A) by striking ``persons'' and inserting + ``individuals''; + (B) by striking ``person'' each place it appears + and inserting ``individual''; and + (C) in subsection (c)(2), by striking ``person's'' + and inserting ``individual's''. + (21) In section 2531-- + (A) by striking ``person'' each place it appears + and inserting ``individual''; and + (B) by striking ``persons'' each place it appears + and inserting ``individuals''. + (22) In section 2709, by striking ``persons'' and inserting + ``individuals''. + (23) In section 2710-- + (A) by striking ``persons'' and inserting + ``individuals''; and + (B) by striking ``person'' each place it appears + and inserting ``individual''. + (24) In section 2711(b), by striking ``person'' and + inserting ``individual''. + (25) In section 2732, by striking ``a person'' and + inserting ``an individual''. + (26) In section 2733-- + (A) by striking ``A person'' and inserting ``An + individual''; and + (B) by striking ``that person'' and inserting + ``that individual''. + (27) In section 2734, by striking ``person'' each place it + appears and inserting ``individual''. + (28) In section 2735, by striking ``a person'' and + inserting ``an individual''. + (29) In section 2736, by striking ``person'' and inserting + ``individual''. + (30) In section 2737, by striking ``a person'' and + inserting ``an individual''. + (31) In section 2738, by striking ``person'' and inserting + ``individual''. + (32) In section 2739, by striking ``person'' and inserting + ``individual''. + (33) In section 2740-- + (A) by striking ``person'' and inserting + ``individual''; and + (B) by striking ``one'' the second place it + appears. + (34) In section 2741-- + (A) in subsection (a), by striking ``a person'' and + inserting ``an individual''; + (B) in subsection (b)(1), by striking ``person's'' + and inserting ``individual's''; and + (C) in subsection (b)(2), by striking ``person'' + and inserting ``individual''. + (35) In section 2743, by striking ``person'' each place it + appears and inserting ``individual''. + (36) In section 2744-- + (A) in subsection (b), by striking ``a person'' and + inserting ``an individual''; and + (B) in subsections (a) and (c), by striking + ``person'' each place it appears and inserting + ``individual''. + (37) In section 2745, by striking ``person'' and inserting + ``individual''. + (38)(A) In section 2761-- + (i) in the section heading, by striking ``Persons'' + and inserting ``Individuals''; + (ii) by striking ``persons'' and inserting + ``individuals''; and + (iii) by striking ``person'' and inserting + ``individual''. + (B) In the analysis for chapter 27, by striking the item + relating to section 2761 and inserting the following: + +``2761. Individuals discharged as result of court-martial; allowances + to.''. + (39)(A) In the heading for section 2767, by striking + ``persons'' and inserting ``individuals''. + (B) In the analysis for chapter 27, by striking the item + relating to section 2767 and inserting the following: + +``2767. Reimbursement for medical-related travel expenses for certain + individuals residing on islands in the + continental United States.''. + (40) In section 2769-- + (A) by striking ``a person's'' and inserting ``an + individual's''; and + (B) in paragraph (1), by striking ``person'' and + inserting ``individual''. + (41) In section 2772(a)(2), by striking ``person'' and + inserting ``individual''. + (42) In section 2773-- + (A) in subsection (b), by striking ``persons'' each + place it appears and inserting ``individuals''; and + (B) in subsection (d), by striking ``a person'' and + inserting ``an individual''. + (43) In section 2775, by striking ``person'' each place it + appears and inserting ``individual''. + (44) In section 2776, by striking ``person'' and inserting + ``individual''. + (45)(A) In section 2777-- + (i) in the heading, by striking ``persons'' and + inserting ``individuals''; and + (ii) by striking ``persons'' each place it appears + and inserting ``individuals''. + (B) In the analysis for chapter 27, by striking the item + relating to section 2777 and inserting the following: + +``2777. Clothing for destitute shipwrecked individuals.''. + (46) In section 2779, by striking ``persons'' each place it + appears and inserting ``individuals''. + (47) In section 2902(c), by striking ``person'' and + inserting ``individual''. + (48) In section 2903(b), by striking ``person'' and + inserting ``individual''. + (49) In section 2904(b)(1)(B), by striking ``a person'' and + inserting ``an individual''. + (50) In section 3706-- + (A) by striking ``a person'' and inserting ``an + individual''; and + (B) by striking ``person's'' and inserting + ``individual's''. + (51) In section 3707-- + (A) in subsection (c)-- + (i) by striking ``person'' and inserting + ``individual''; and + (ii) by striking ``person's'' and inserting + ``individual's''; and + (B) in subsection (e), by striking ``a person'' and + inserting ``an individual''. + (52) In section 3708, by striking ``person'' each place it + appears and inserting ``individual''. + (53) In section 3738-- + (A) by striking ``a person'' each place it appears + and inserting ``an individual''; + (B) by striking ``person's'' and inserting + ``individual's''; and + (C) by striking ``A person'' and inserting ``An + individual''. + (b) Correction of References to Persons and Seamen.-- + (1) Section 2303a(a) of title 46, United States Code, is + amended by striking ``persons'' and inserting ``individuals''. + (2) Section 2306(a)(3) of title 46, United States Code, is + amended to read as follows: + ``(3) An owner, charterer, managing operator, or agent of a vessel +of the United States notifying the Coast Guard under paragraph (1) or +(2) shall-- + ``(A) provide the name and identification number of the + vessel, the names of individuals on board, and other + information that may be requested by the Coast Guard; and + ``(B) submit written confirmation to the Coast Guard within + 24 hours after nonwritten notification to the Coast Guard under + such paragraphs.''. + (3) Section 7303 of title 46, United States Code, is + amended by striking ``seaman'' each place it appears and + inserting ``individual''. + (4) Section 7319 of title 46, United States Code, is + amended by striking ``seaman'' each place it appears and + inserting ``individual''. + (5) Section 7501(b) of title 46, United States Code, is + amended by striking ``seaman'' and inserting ``holder''. + (6) Section 7508(b) of title 46, United States Code, is + amended by striking ``individual seamen or a specifically + identified group of seamen'' and inserting ``an individual or a + specifically identified group of individuals''. + (7) Section 7510 of title 46, United States Code, is + amended-- + (A) in subsection (c)(8)(B), by striking ``merchant + seamen'' and inserting ``merchant mariner''; and + (B) in subsection (d), by striking ``merchant + seaman'' and inserting ``merchant mariner''. + (8) Section 8103(k)(3)(C) of title 46, United States Code, + is amended by striking ``merchant mariners'' each place it + appears and inserting ``merchant mariner's''. + (9) Section 8104 of title 46, United States Code, is + amended-- + (A) in subsection (c), by striking ``a licensed + individual or seaman'' and inserting ``an individual''; + (B) in subsection (d), by striking ``A licensed + individual or seaman'' and inserting ``An individual''; + (C) in subsection (e), by striking ``a seaman'' + each place it appears and inserting ``an individual''; + and + (D) in subsection (j), by striking ``seaman'' and + inserting ``individual''. + (10) Section 8302(d) of title 46, United States Code, is + amended by striking ``3 persons'' and inserting ``3 + individuals''. + (11) Section 11201 of title 46, United States Code, is + amended by striking ``a person'' each place it appears and + inserting ``an individual''. + (12) Section 11202 of title 46, United States Code, is + amended-- + (A) by striking ``a person'' and inserting ``an + individual''; and + (B) by striking ``the person'' each place it + appears and inserting ``the individual''. + (13) Section 11203 of title 46, United States Code, is + amended-- + (A) by striking ``a person'' each place it appears + and inserting ``an individual''; and + (B) in subsection (a)(2), by striking ``that + person'' and inserting ``that individual''. + (14) Section 15109(i)(2) of title 46, United States Code, + is amended by striking ``additional persons'' and inserting + ``additional individuals''. + +SEC. 12006. REFERENCES TO ``HIMSELF'' AND ``HIS''. + + (a) Section 1927 of title 14, United States Code, is amended by-- + (1) striking ``of his initial'' and inserting ``of an + initial''; and + (2) striking ``from his pay'' and inserting ``from the pay + of such cadet''. + (b) Section 2108(b) of title 14, United States Code, is amended by +striking ``himself'' and inserting ``such officer''. + (c) Section 2732 of title 14, United States Code, as amended by +this division, is further amended-- + (1) by striking ``distinguishes himself conspicuously by'' + and inserting ``displays conspicuous''; and + (2) by striking ``his'' and inserting ``such + individual's''. + (d) Section 2736 of title 14, United States Code, as amended by +this division, is further amended by striking ``distinguishes himself +by'' and inserting ``performs''. + (e) Section 2738 of title 14, United States Code, as amended by +this division, is further amended by striking ``distinguishes himself +by'' and inserting ``displays''. + (f) Section 2739 of title 14, United States Code, as amended by +this division, is further amended by striking ``distinguishes himself +by'' and inserting ``displays''. + (g) Section 2742 of title 14, United States Code, is amended by +striking ``he distinguished himself'' and inserting ``of the acts +resulting in the consideration of such award''. + (h) Section 2743 of title 14, United States Code, as amended by +this division, is further amended-- + (1) by striking ``distinguishes himself''; and + (2) by striking ``he'' and inserting ``such individual''. + +SEC. 12007. MISCELLANEOUS TECHNICAL CORRECTIONS. + + (a) Miscellaneous Technical Corrections.-- + (1) Section 3305(d)(3)(B) of title 46, United States Code, + is amended by striking ``Coast Guard Authorization Act of + 2017'' and inserting ``Frank LoBiondo Coast Guard Authorization + Act of 2018''. + (2) Section 4312 of title 46, United States Code, is + amended by striking ``Coast Guard Authorization Act of 2017'' + each place it appears and inserting ``Frank LoBiondo Coast + Guard Authorization Act of 2018 (Public Law 115-282)''. + (3) The analysis for chapter 700 of title 46, United States + Code, is amended-- + (A) by striking the item relating to the heading + for the first subchapter and inserting the following: + + ``subchapter i--vessel operations''; + + (B) by striking the item relating to the heading + for the second subchapter and inserting the following: + + ``subchapter ii--ports and waterways safety''; + + (C) by striking the item relating to the heading + for the third subchapter and the item relating to + section 70021 of such chapter and inserting the + following: + + ``subchapter iii--conditions for entry into ports in the united states + +``70021. Conditions for entry into ports in the United States.''; + (D) by striking the item relating to the heading + for the fourth subchapter and inserting the following: + + ``subchapter iv--definitions regulations, enforcement, investigatory + powers, applicability''; + + (E) by striking the item relating to the heading + for the fifth subchapter and inserting the following: + + ``subchapter v--regattas and marine parades''; + + and + (F) by striking the item relating to the heading + for the sixth subchapter and inserting the following: + + ``subchapter vi--regulation of vessels in territorial waters of the + united states''. + + (4) Section 70031 of title 46, United States Code, is + amended by striking ``A through C'' and inserting ``I through + III''. + (5) Section 70032 of title 46, United States Code, is + amended by striking ``A through C'' and inserting ``I through + III''. + (6) Section 70033 of title 46, United States Code, is + amended by striking ``A through C'' and inserting ``I through + III''. + (7) Section 70034 of title 46, United States Code, is + amended by striking ``A through C'' each place it appears and + inserting ``I through III''. + (8) Section 70035(a) of title 46, United States Code, is + amended by striking ``A through C'' and inserting ``I through + III''. + (9) Section 70036 of title 46, United States Code, is + amended by-- + (A) striking ``A through C'' each place it appears + and inserting ``I through III''; and + (B) striking ``A, B, or C'' each place it appears + and inserting ``I, II, or III''. + (10) Section 70051 of title 46, United States Code, is + amended-- + (A) by striking ``immediate Federal response,'' and + all that follows through ``subject to the approval'' + and inserting ``immediate Federal response, the + Secretary of the department in which the Coast Guard is + operating may make, subject to the approval''; and + (B) by striking ``authority to issue such rules'' + and all that follows through ``Any appropriation'' and + inserting ``authority to issue such rules and + regulations to the Secretary of the department in which + the Coast Guard is operating. Any appropriation''. + (11) Section 70052(e) of title 46, United States Code, is + amended by striking ``Secretary'' and inserting ``Secretary of + the department in which the Coast Guard is operating'' each + place it appears. + (b) Alteration of Bridges; Technical Changes.--The Act of June 21, +1940 (33 U.S.C. 511 et seq.), popularly known as the Truman-Hobbs Act, +is amended by striking section 12 (33 U.S.C. 522). + (c) Report of Determination; Technical Correction.--Section +105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; +Public Law 106-562) is amended by striking ``subsection (a),'' and +inserting ``paragraph (1),''. + (d) Technical Corrections to Frank LoBiondo Coast Guard +Authorization Act of 2018.-- + (1) Section 408 of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) and the item + relating to such section in section 2 of such Act are repealed, + and the provisions of law redesignated, transferred, or + otherwise amended by section 408 are amended to read as if such + section were not enacted. + (2) Section 514(b) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + striking ``Chapter 30'' and inserting ``Chapter 3''. + (3) Section 810(d) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + striking ``within 30 days after receiving the notice under + subsection (a)(1), the Secretary shall, by not later than 60 + days after transmitting such notice,'' and inserting ``in + accordance within subsection (a)(2), the Secretary shall''. + (4) Section 820(a) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + striking ``years 2018 and'' and inserting ``year''. + (5) Section 820(b)(2) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + inserting ``and the Consolidated Appropriations Act, 2018 + (Public Law 115-141)'' after ``(Public Law 115-31)''. + (6) Section 821(a)(2) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + striking ``Coast Guard Authorization Act of 2017'' and + inserting ``Frank LoBiondo Coast Guard Authorization Act of + 2018''. + (7) This section shall take effect on the date of the + enactment of the Frank LoBiondo Coast Guard Authorization Act + of 2018 (Public Law 115-282) and apply as if included therein. + (e) Technical Correction.--Section 533(d)(2)(A) of the Coast Guard +Authorization Act of 2016 (Public Law 114-120) is amended by striking +``Tract 6'' and inserting ``such Tract''. + (f) Distant Water Tuna Fleet; Technical Corrections.--Section 421 +of the Coast Guard and Maritime Transportation Act of 2006 (Public Law +109-241) is amended-- + (1) in subsection (a)-- + (A) by striking ``Notwithstanding'' and inserting + the following: + ``(1) In general.--Notwithstanding''; and + (B) by adding at the end the following: + ``(2) Definition.--In this subsection, the term `treaty + area' has the meaning given the term in the Treaty on Fisheries + Between the Governments of Certain Pacific Island States and + the Government of the United States of America as in effect on + the date of the enactment of the Coast Guard and Maritime + Transportation Act of 2006 (Public Law 109-241).''; and + (2) in subsection (c)-- + (A) by striking ``12.6 or 12.7'' and inserting + ``13.6''; and + (B) by striking ``and Maritime Transportation Act + of 2012'' and inserting ``Authorization Act of 2020''. + +SEC. 12008. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND + WATERWAYS SAFETY ACT. + + Effective upon the enactment of section 401 of the Frank LoBiondo +Coast Guard Authorization Act of 2018 (Public Law 115-282), and +notwithstanding section 402(e) of such Act-- + (1) section 16 of the Ports and Waterways Safety Act, as + added by section 315 of the Countering America's Adversaries + Through Sanctions Act (Public Law 115-44; 131 Stat. 947)-- + (A) is redesignated as section 70022 of title 46, + United States Code, transferred to appear after section + 70021 of that title, and amended so that the + enumerator, section heading, typeface, and typestyle + conform to those appearing in other sections in title + 46, United States Code; and + (B) as so redesignated and transferred, is + amended-- + (i) in subsections (b) and (e), by striking + ``section 4(a)(5)'' each place it appears and + inserting ``section 70001(a)(5)''; + (ii) in subsection (c)(2), by striking + ``not later than'' and all that follows through + ``thereafter,'' and inserting ``periodically''; + and + (iii) by striking subsection (h); and + (2) chapter 700 of title 46, United States Code, is + amended-- + (A) in section 70002(2), by inserting ``or 70022'' + after ``section 70021''; + (B) in section 70036(e), by inserting ``or 70022'' + after ``section 70021''; and + (C) in the analysis for such chapter-- + (i) by inserting ``Sec.'' above the section + items, in accordance with the style and form of + such an entry in other chapter analyses of such + title; and + (ii) by adding at the end the following: + +``70022. Prohibition on entry and operation.''. + +SEC. 12009. AIDS TO NAVIGATION. + + (a) Section 541 of title 14, United States Code, is amended-- + (1) by striking ``In'' and inserting ``(a) In''; and + (2) by adding at the end the following: + ``(b) In the case of pierhead beacons, the Commandant may-- + ``(1) acquire, by donation or purchase in behalf of the + United States, the right to use and occupy sites for pierhead + beacons; and + ``(2) properly mark all pierheads belonging to the United + States situated on the northern and northwestern lakes, + whenever the Commandant is duly notified by the department + charged with the construction or repair of pierheads that the + construction or repair of any such pierheads has been + completed.''. + (b) Subchapter III of chapter 5 of title 14, United States Code, is +amended by adding at the end the following: +``Sec. 548. Prohibition against officers and employees being interested + in contracts for materials + ``No officer, enlisted member, or civilian member of the Coast +Guard in any manner connected with the construction, operation, or +maintenance of lighthouses, shall be interested, either directly or +indirectly, in any contract for labor, materials, or supplies for the +construction, operation, or maintenance of lighthouses, or in any +patent, plan, or mode of construction or illumination, or in any +article of supply for the construction, operation, or maintenance of +lighthouses. +``Sec. 549. Lighthouse and other sites; necessity and sufficiency of + cession by State of jurisdiction + ``(a) No lighthouse, beacon, public pier, or landmark, shall be +built or erected on any site until cession of jurisdiction over the +same has been made to the United States. + ``(b) For the purposes of subsection (a), a cession by a State of +jurisdiction over a place selected as the site of a lighthouse, or +other structure or work referred to in subsection (a), shall be deemed +sufficient if the cession contains a reservation that process issued +under authority of such State may continue to be served within such +place. + ``(c) If no reservation of service described in subsection (b) is +contained in a cession, all process may be served and executed within +the place ceded, in the same manner as if no cession had been made. +``Sec. 550. Marking pierheads in certain lakes + ``The Commandant of the Coast Guard shall properly mark all +pierheads belonging to the United States situated on the northern and +northwestern lakes, whenever he is duly notified by the department +charged with the construction or repair of pierheads that the +construction or repair of any such pierhead has been completed.''. + (c) Clerical Amendment.--The analysis for chapter 5 of title 14, +United States Code, is amended by inserting after the item relating to +section 547 the following: + +``548. Prohibition against officers and employees being interested in + contracts for materials. +``549. Lighthouse and other sites; necessity and sufficiency of cession + by State of jurisdiction. +``550. Marking pierheads in certain lakes.''. + +SEC. 12010. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE. + + (a) Section 6 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. +763) is repealed. + (b) Chapter 25 of title 14, United States Code, is amended by +inserting after section 2531 the following: +``Sec. 2532. Retirement of employees + ``(a) Optional Retirement.--Except as provided in subsections (d) +and (e), a covered employee may retire from further performance of duty +if such officer or employee-- + ``(1) has completed 30 years of active service in the + Government and is at least 55 years of age; + ``(2) has completed 25 years of active service in the + Government and is at least 62 years of age; or + ``(3) is involuntarily separated from further performance + of duty, except by removal for cause on charges of misconduct + or delinquency, after completing 25 years of active service in + the Government, or after completing 20 years of such service + and if such employee is at least 50 years of age. + ``(b) Compulsory Retirement.--A covered employee who becomes 70 +years of age shall be compulsorily retired from further performance of +duty. + ``(c) Retirement for Disability.-- + ``(1) In general.--A covered employee who has completed 15 + years of active service in the Government and is found, after + examination by a medical officer of the United States, to be + disabled for useful and efficient service by reason of disease + or injury not due to vicious habits, intemperance, or willful + misconduct of such officer or employee, shall be retired. + ``(2) Restoration to active duty.--Any individual retired + under paragraph (1) may, upon recovery, be restored to active + duty, and shall from time to time, before reaching the age at + which such individual may retire under subsection (a), be + reexamined by a medical officer of the United States upon the + request of the Secretary of the department in which the Coast + Guard is operating. + ``(d) Annual Compensation.-- + ``(1) In general.--Except as provided in paragraph (2), The + annual compensation of a person retired under this section + shall be a sum equal to one-fortieth of the average annual pay + received for the last 3 years of service for each year of + active service in the Lighthouse Service, or in a department or + branch of the Government having a retirement system, not to + exceed thirty-fortieths of such average annual pay received. + ``(2) Retirement before 55.--The retirement pay computed + under paragraph (1) for any officer or employee retiring under + this section shall be reduced by one-sixth of 1 percent for + each full month the officer or employee is under 55 years of + age at the date of retirement. + ``(3) No allowance or subsistence.--Retirement pay under + this section shall not include any amount on account of + subsistence or other allowance. + ``(e) Exception.--The retirement and pay provision in this section +shall not apply to-- + ``(1) any person in the field service of the Lighthouse + Service whose duties do not require substantially all their + time; or + ``(2) persons of the Coast Guard. + ``(f) Waiver.--Any person entitled to retirement pay under this +section may decline to accept all or any part of such retirement pay by +a waiver signed and filed with the Secretary of the Treasury. Such +waiver may be revoked in writing at any time, but no payment of the +retirement pay waived shall be made covering the period during which +such waiver was in effect. + ``(g) Definition.--For the purposes of this section, the term +`covered employee' means an officer or employee engaged in the field +service or on vessels of the Lighthouse Service, except a person +continuously employed in district offices or shop.''. + (c) Clerical Amendment.--The analysis for chapter 25 of title 14, +United States Code, is amended by inserting after the item relating to +section 2531 the following: + +``2532. Retirement of employees.''. + +SEC. 12011. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE + SERVICE EMPLOYEES. + + (a) Benefit to Surviving Spouses.--Chapter 25 of title 14, United +States Code, is further amended by inserting after section 2532 (as +added by this division) the following: +``Sec. 2533. Surviving spouses + ``The Secretary of the department in which the Coast Guard is +operating shall pay $100 per month to the surviving spouse of a current +or former employee of the Lighthouse Service in accordance with section +2532 if such employee dies-- + ``(1) at a time when such employee was receiving or was + entitled to receive retirement pay under this subchapter; or + ``(2) from non-service-connected causes after fifteen or + more years of employment in such service.''. + (b) Transfers Related to Surviving Spouses of Lighthouse Service +Employees.-- + (1) Chapter 25 of title 14, United States Code, is amended + by inserting after section 2533 (as added by this division) the + following: +``Sec. 2534. Application for benefits''. + (2)(A) Section 3 of chapter 761 of the Act of August 19, + 1950 (33 U.S.C. 773), is redesignated as section 2534(a) of + title 14, United States Code, transferred to appear after the + heading of section 2534 of that title, and amended so that the + enumerator, section heading, typeface, and typestyle conform to + those appearing in other sections in title 14, United States + Code. + (B) Section 2534(a), as so redesignated, transferred, and + amended is further amended by striking ``this Act'' and + inserting ``section 2533''. + (3)(A) Section 4 of chapter 761 of the Act of August 19, + 1950 (33 U.S.C. 774), is redesignated as section 2534(b) of + title 14, United States Code, transferred to appear after + section 2534(a) of that title, and amended so that the + enumerator, section heading, typeface, and typestyle conform to + those appearing in other sections in title 14, United States + Code. + (B) Section 2534(b), as so redesignated, transferred, and + amended is further amended by striking ``the provisions of this + Act'' and inserting ``section 2533''. + (4)(A) The proviso under the heading ``Payment to Civil + Service Retirement and Disability Fund'' of title V of division + C of Public Law 112-74 (33 U.S.C. 776) is redesignated as + section 2534(c) of title 14, United States Code, transferred to + appear after section 2534(b) of that title, and amended so that + the enumerator, section heading, typeface, and typestyle + conform to those appearing in other sections in title 14, + United States Code. + (B) Section 2534(c), as so redesignated, transferred, and + amended is further amended by striking ``the Act of May 29, + 1944, and the Act of August 19, 1950 (33 U.S.C. 771-775),'' and + inserting ``section 2533''. + (c) Clerical Amendment.--The analysis for chapter 25 of title 14, +United States Code, is further amended by inserting after the item +relating to section 2532 (as added by this division) the following: + +``2533. Surviving spouses. +``2534. Application for benefits.''. + +SEC. 12012. REPEALS RELATED TO LIGHTHOUSE STATUTES. + + (a) In General.--The following provisions are repealed: + (1) Section 4680 of the Revised Statutes of the United + States (33 U.S.C. 725). + (2) Section 4661 of the Revised Statutes of the United + States (33 U.S.C. 727). + (3) Section 4662 of the Revised Statutes of the United + States (33 U.S.C. 728). + (4) The final paragraph in the account ``For Life-Saving + and Life-Boat Stations'' under the heading Treasury Department + in the first section of chapter 130 of the Act of March 3, 1875 + (33 U.S.C. 730a). + (5) Section 11 of chapter 301 of the Act of June 17, 1910 + (33 U.S.C. 743). + (6) The first section of chapter 215 of the Act of May 13, + 1938 (33 U.S.C. 745a). + (7) The first section of chapter 313 of the Act of February + 25, 1929 (33 U.S.C. 747b). + (8) Section 2 of chapter 103 of the Act of June 20, 1918 + (33 U.S.C. 748). + (9) Section 4 of chapter 371 of the Act of May 22, 1926 (33 + U.S.C. 754a). + (10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C. + 763a-1). + (11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C. + 763-1). + (12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763- + 2). + (13) The last 2 provisos under the heading Lighthouse + Service, under the heading Department of Commerce, in the first + section of chapter 161 of the Act of March 4, 1921 (41 Stat. + 1417, formerly 33 U.S.C. 764). + (14) Section 3 of chapter 215 of the Act of May 13, 1938 + (33 U.S.C. 770). + (15) The first section and section 2 of chapter 761 of the + Act of August 19, 1950 (33 U.S.C. 771 and 772). + (b) Savings.-- + (1) Notwithstanding any repeals made by this section, any + individual beneficiary currently receiving payments under the + authority of any provisions repealed in this section shall + continue to receive such benefits. + (2) Notwithstanding the repeals made under paragraphs (10) + and (11) of subsection (a), any pay increases made under + chapter 788 of the Act of October 29, 1949, and chapter 524 of + the Act of July 9, 1956, as in effect prior to their repeal + shall remain in effect. + + TITLE VI--FEDERAL MARITIME COMMISSION + +SEC. 13001. SHORT TITLE. + + This title may be cited as the ``Federal Maritime Commission +Authorization Act of 2020''. + +SEC. 13002. AUTHORIZATION OF APPROPRIATIONS. + + Section 308 of title 46, United States Code, is amended by striking +``$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year +2019'' and inserting ``$29,086,888 for fiscal year 2020 and $29,639,538 +for fiscal year 2021''. + +SEC. 13003. UNFINISHED PROCEEDINGS. + + Section 305 of title 46, United States Code, is amended-- + (1) by striking ``The Federal'' and inserting ``(a) In + General.--The Federal''; and + (2) by adding at the end the following: + ``(b) Transparency.-- + ``(1) In general.--In conjunction with the transmittal by + the President to the Congress of the Budget of the United + States for fiscal year 2021 and biennially thereafter, the + Federal Maritime Commission shall submit to the Committee on + Commerce, Science, and Transportation of the Senate and the + Committee on Transportation and Infrastructure of the House of + Representatives reports that describe the Commission's progress + toward addressing the issues raised in each unfinished + regulatory proceeding, regardless of whether the proceeding is + subject to a statutory or regulatory deadline. + ``(2) Format of reports.--Each report under paragraph (1) + shall, among other things, clearly identify for each unfinished + regulatory proceeding-- + ``(A) the popular title; + ``(B) the current stage of the proceeding; + ``(C) an abstract of the proceeding; + ``(D) what prompted the action in question; + ``(E) any applicable statutory, regulatory, or + judicial deadline; + ``(F) the associated docket number; + ``(G) the date the rulemaking was initiated; + ``(H) a date for the next action; and + ``(I) if a date for the next action identified in + the previous report is not met, the reason for the + delay.''. + +SEC. 13004. TRANSFER OF FEDERAL MARITIME COMMISSION PROVISIONS. + + (a) Transfer.-- + (1) Subtitle IV of title 46, United States Code, is amended + by adding at the end the following: + + ``PART D--FEDERAL MARITIME COMMISSION + + ``CHAPTER 461--FEDERAL MARITIME COMMISSION''. + + (2) Chapter 3 of title 46, United States Code, is + redesignated as chapter 461 of part D of subtitle IV of such + title and transferred to appear in such part. + (3) Sections 301 through 308 of such title are redesignated + as sections 46101 through 46108, respectively, of such title. + (b) Conforming Amendments.-- + (1) Section 46101(c)(3)(A)(v) of title 46, United States + Code, as so redesignated, is amended by striking ``304'' and + inserting ``46104''. + (2) section 322(b) of the Coast Guard Personnel and + Maritime Safety Act of 2002 (31 U.S.C. 1113 note) is amended by + striking ``208 of the Merchant Marine Act, 1936 (46 App. U.S.C. + 1118)'' and inserting ``46106(a) of title 46, United States + Code''. + (3) Section 1031(23) of the National Defense Authorization + Act for Fiscal Year 2000 (31 U.S.C. 1113 note) is amended by + striking ``208, 901(b)(2), and 1211 of the Merchant Marine Act, + 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291)'' and inserting + ``44106(a) and 55305(d) of title 46, United States Code''. + (4) The analysis for subtitle I of title 46, United States + Code, is amended by striking the item relating to chapter 3. + (5) The analysis for subtitle IV of such title is amended + by adding at the end the following: + + ``Part D--Federal Maritime Commission + +``461. Federal Maritime Commission.......................... 46101''. + (6) The analysis for chapter 461 of part D of subtitle IV + of such title, as so redesignated, is amended to read as + follows: + +``Sec. +``46101. General organization. +``46102. Quorum. +``46103. Meetings. +``46104. Delegation of authority. +``46105. Regulations. +``46106. Annual report. +``46107. Expenditures. +``46108. Authorization of appropriations.''. + (c) Technical Correction.--Section 46103(c)(3) of title 46, United +States Code, as so redesignated, is amended by striking ``555b(c)'' and +inserting ``552b(c)''. + + DIVISION I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES + +SEC. 14001. SHORT TITLE. + + This division may be cited as the ``Eliot L. Engel Department of +State Authorization Act of 2020''. + + TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE + +SEC. 14101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S + WORK. + + It is the sense of Congress that-- + (1) United States global engagement is key to a stable and + prosperous world; + (2) United States leadership is indispensable in light of + the many complex and interconnected threats facing the United + States and the world; + (3) diplomacy and development are critical tools of + national power, and full deployment of these tools is vital to + United States national security; + (4) challenges such as the global refugee and migration + crises, terrorism, historic famine and food insecurity, and + fragile or repressive societies cannot be addressed without + sustained and robust United States diplomatic and development + leadership; + (5) the United States Government must use all of the + instruments of national security and foreign policy at its + disposal to protect United States citizens, promote United + States interests and values, and support global stability and + prosperity; + (6) United States security and prosperity depend on having + partners and allies that share our interests and values, and + these partnerships are nurtured and our shared interests and + values are promoted through United States diplomatic + engagement, security cooperation, economic statecraft, and + assistance that helps further economic development, good + governance, including the rule of law and democratic + institutions, and the development of shared responses to + natural and humanitarian disasters; + (7) as the United States Government agencies primarily + charged with conducting diplomacy and development, the + Department and the United States Agency for International + Development (USAID) require sustained and robust funding to + carry out this important work, which is essential to our + ability to project United States leadership and values and to + advance the United States interests around the world; + (8) the work of the Department and USAID makes the United + States and the world safer and more prosperous by alleviating + global poverty and hunger, fighting HIV/AIDS and other + infectious diseases, strengthening alliances, expanding + educational opportunities for women and girls, promoting good + governance and democracy, supporting anti-corruption efforts, + driving economic development and trade, preventing armed + conflicts and humanitarian crises, and creating American jobs + and export opportunities; + (9) the Department and USAID are vital national security + agencies, whose work is critical to the projection of United + States power and leadership worldwide, and without which + Americans would be less safe, our economic power would be + diminished, and global stability and prosperity would suffer; + (10) investing in diplomacy and development before + conflicts break out saves American lives while also being cost- + effective; and + (11) the contributions of personnel working at the + Department and USAID are extraordinarily valuable and allow the + United States to maintain its leadership around the world. + +SEC. 14102. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR. + + Paragraph (2) of section 1(c) of the State Department Basic +Authorities Act of 1956 (22 U.S.C. 2651a) is amended-- + (1) in subparagraph (A), by adding at the end the following + new sentence: ``All special envoys, ambassadors, and + coordinators located within the Bureau of Democracy, Human + Rights, and Labor shall report directly to the Assistant + Secretary.''; + (2) in subparagraph (B)(ii)-- + (A) by striking ``section'' and inserting + ``sections 116 and''; and + (B) by inserting before the period at the end the + following: ``(commonly referred to as the annual + `Country Reports on Human Rights Practices')''; and + (3) by adding at the end the following new subparagraphs: + ``(C) Authorities.--In addition to the duties, + functions, and responsibilities specified in this + paragraph, the Assistant Secretary of State for + Democracy, Human Rights, and Labor is authorized to-- + ``(i) promote democracy and actively + support human rights throughout the world; + ``(ii) promote the rule of law and good + governance throughout the world; + ``(iii) strengthen, empower, and protect + civil society representatives, programs, and + organizations, and facilitate their ability to + engage in dialogue with governments and other + civil society entities; + ``(iv) work with regional bureaus to ensure + adequate personnel at diplomatic posts are + assigned responsibilities relating to advancing + democracy, human rights, labor rights, women's + equal participation in society, and the rule of + law, with particular attention paid to adequate + oversight and engagement on such issues by + senior officials at such posts; + ``(v) review and, as appropriate, make + recommendations to the Secretary of State + regarding the proposed transfer of-- + ``(I) defense articles and defense + services authorized under the Foreign + Assistance Act of 1961 (22 U.S.C. 2151 + et seq.) or the Arms Export Control Act + (22 U.S.C. 2751 et seq.); and + ``(II) military items listed on the + `600 series' of the Commerce Control + List contained in Supplement No. 1 to + part 774 of subtitle B of title 15, + Code of Federal Regulations; + ``(vi) coordinate programs and activities + that protect and advance the exercise of human + rights and internet freedom in cyberspace; and + ``(vii) implement other relevant policies + and provisions of law. + ``(D) Efficiency.--The Assistant Secretary for + Democracy, Human Rights, and Labor shall take whatever + actions may be necessary to minimize the duplication of + efforts within the Bureau of Democracy, Human Rights, + and Labor. + ``(E) Local oversight.--United States missions, to + the extent practicable, should assist in exercising + oversight authority and coordinate with the Bureau of + Democracy, Human Rights, and Labor to ensure that funds + are appropriately used and comply with anti-corruption + practices.''. + +SEC. 14103. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW + ENFORCEMENT AFFAIRS. + + (a) In General.--Section 1(c) of the State Department Basic +Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended-- + (1) by redesignating paragraph (3) as paragraph (4); and + (2) by inserting after paragraph (2) the following new + paragraph: + ``(3) Assistant secretary for international narcotics and + law enforcement affairs.-- + ``(A) In general.--There is authorized to be in the + Department of State an Assistant Secretary for + International Narcotics and Law Enforcement Affairs, + who shall be responsible to the Secretary of State for + all matters, programs, and related activities + pertaining to international narcotics, anti-crime, and + law enforcement affairs in the conduct of foreign + policy by the Department, including, as appropriate, + leading the coordination of programs carried out by + United States Government agencies abroad, and such + other related duties as the Secretary may from time to + time designate. + ``(B) Areas of responsibility.--The Assistant + Secretary for International Narcotics and Law + Enforcement Affairs shall maintain continuous + observation and coordination of all matters pertaining + to international narcotics, anti-crime, and law + enforcement affairs in the conduct of foreign policy, + including programs carried out by other United States + Government agencies when such programs pertain to the + following matters: + ``(i) Combating international narcotics + production and trafficking. + ``(ii) Strengthening foreign justice + systems, including judicial and prosecutorial + capacity, appeals systems, law enforcement + agencies, prison systems, and the sharing of + recovered assets. + ``(iii) Training and equipping foreign + police, border control, other government + officials, and other civilian law enforcement + authorities for anti-crime purposes, including + ensuring that no foreign security unit or + member of such unit shall receive such + assistance from the United States Government + absent appropriate vetting. + ``(iv) Ensuring the inclusion of human + rights and women's participation issues in law + enforcement programs, in consultation with the + Assistant Secretary for Democracy, Human + Rights, and Labor, and other senior officials + in regional and thematic bureaus and offices. + ``(v) Combating, in conjunction with other + relevant bureaus of the Department, all forms + of transnational organized crime, including + illicit trafficking in human beings, arms, + wildlife, and cultural property, migrant + smuggling, corruption, money laundering, the + illicit smuggling of bulk cash, the licit use + of financial systems for malign purposes, and + other new and emerging forms of crime. + ``(vi) Identifying and responding to global + corruption, including strengthening the + capacity of foreign government institutions + responsible for addressing financial crimes and + engaging with multilateral organizations + responsible for monitoring and supporting + foreign governments' anti-corruption efforts. + ``(C) Additional duties.--In addition to the + responsibilities specified in subparagraph (B), the + Assistant Secretary for International Narcotics and Law + Enforcement Affairs shall also-- + ``(i) carry out timely and substantive + consultation with chiefs of mission and, as + appropriate, the heads of other United States + Government agencies to ensure effective + coordination of all international narcotics and + law enforcement programs carried out overseas + by the Department and such other agencies; + ``(ii) coordinate with the Office of + National Drug Control Policy to ensure lessons + learned from other United States Government + agencies are available to the Bureau of + International Narcotics and Law Enforcement + Affairs of the Department; + ``(iii) develop standard requirements for + monitoring and evaluation of Bureau programs, + including metrics for success that do not rely + solely on the amounts of illegal drugs that are + produced or seized; + ``(iv) in coordination with the Secretary + of State, annually certify in writing to the + Committee on Foreign Affairs of the House of + Representatives and the Committee on Foreign + Relations of the Senate that United States law + enforcement personnel posted abroad whose + activities are funded to any extent by the + Bureau of International Narcotics and Law + Enforcement Affairs are complying with section + 207 of the Foreign Service Act of 1980 (22 + U.S.C. 3927); and + ``(v) carry out such other relevant duties + as the Secretary may assign.''. + (b) Modification of Annual International Narcotics Control Strategy +Report.--Subsection (a) of section 489 of the Foreign Assistance Act of +1961 (22 U.S.C. 2291h) is amended by inserting after paragraph (8) the +following new paragraph: + ``(9) A separate section that contains an identification of + all United States Government-supported units funded by the + Bureau of International Narcotics and Law Enforcement Affairs + and any Bureau-funded operations by such units in which United + States law enforcement personnel have been physically + present.''. + +SEC. 14104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES, + AND MIGRATION. + + Section 1 of the State Department Basic Authorities Act of 1956 (22 +U.S.C. 2651a) is amended-- + (1) by redesignating subsection (g) as subsection (i); and + (2) by inserting after subsection (f) the following new + subsections: + ``(g) Bureau of Consular Affairs.--There is in the Department of +State the Bureau of Consular Affairs, which shall be headed by the +Assistant Secretary of State for Consular Affairs. + ``(h) Bureau of Population, Refugees, and Migration.--There is in +the Department of State the Bureau of Population, Refugees, and +Migration, which shall be headed by the Assistant Secretary of State +for Population, Refugees, and Migration.''. + +SEC. 14105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. + + (a) Establishment.--There should be established in the Department +an Office of International Disability Rights (referred to in this +section as the ``Office''). + (b) Duties.--The Office should-- + (1) seek to ensure that all United States foreign + operations are accessible to, and inclusive of, persons with + disabilities; + (2) promote the human rights and full participation in + international development activities of all persons with + disabilities; + (3) promote disability inclusive practices and the training + of Department staff on soliciting quality programs that are + fully inclusive of people with disabilities; + (4) represent the United States in diplomatic and + multilateral fora on matters relevant to the rights of persons + with disabilities, and work to raise the profile of disability + across a broader range of organizations contributing to + international development efforts; + (5) conduct regular consultation with civil society + organizations working to advance international disability + rights and empower persons with disabilities internationally; + (6) consult with other relevant offices at the Department + that are responsible for drafting annual reports documenting + progress on human rights, including, wherever applicable, + references to instances of discrimination, prejudice, or abuses + of persons with disabilities; and + (7) advise the Bureau of Human Resources Development of the + Department regarding the hiring and recruitment and overseas + practices of civil service employees and Foreign Service + officers with disabilities and their family members with + chronic medical conditions or disabilities. + (c) Supervision.--The Office may be headed by-- + (1) a senior advisor to the appropriate Assistant + Secretary; or + (2) an officer exercising significant authority who reports + to the President or Secretary, appointed by and with the advice + and consent of the Senate. + (d) Consultation.--The Secretary should direct Ambassadors at +Large, Representatives, Special Envoys, and coordinators working on +human rights to consult with the Office to promote the human rights and +full participation in international development activities of all +persons with disabilities. + +SEC. 14106. OFFICE OF GLOBAL WOMEN'S ISSUES. + + (a) In General.--There should be established an Office of Global +Women's Issues (referred to in this section as the ``Office''), which +may be placed within the organizational structure of the Department at +the discretion of the Secretary. + (b) Purpose.--The Office should coordinate efforts of the United +States Government, as directed by the Secretary, regarding gender +equality and advancing the status of women and girls in United States +foreign policy. + (c) Duties.--The Office should-- + (1) serve as the principal advisor to the Secretary + regarding gender equality, women's and girls' empowerment, and + violence against women and girls as a priority of United States + foreign policy; + (2) represent the United States in diplomatic and + multilateral fora on matters relevant to the status of women + and girls; + (3) advise the Secretary and provide input on all + activities, policies, programs, and funding relating to gender + equality and the advancement of women and girls internationally + for all bureaus and offices of the Department and in the + international programs of all other Federal agencies; + (4) work to ensure that efforts to advance gender equality + and women's and girls' empowerment are fully integrated into + the programs, structures, processes, and capacities of all + bureaus and offices of the Department and in the international + programs of other Federal agencies; and + (5) conduct regular consultation with civil society + organizations working to advance gender equality and empower + women and girls internationally. + (d) Supervision.--The Office should be headed by an Ambassador-at- +large for Global Women's Issues. + (e) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall provide to the appropriate +congressional committees a report or briefing regarding this section. + +SEC. 14107. SPECIAL APPOINTMENTS. + + (a) Report on Positions.--Not later than 30 days after the date of +the enactment of this Act, the Secretary shall submit to the +appropriate congressional committees a report that includes the +following: + (1) A description of the duties, responsibilities, and + number of staff of each existing Special Envoy, Special + Representative, Special Coordinator, Special Negotiator, Envoy, + Representative, Coordinator, Special Advisor, and other similar + position at the Department. + (2) Recommendations regarding whether to maintain in the + Department each such position, including those listed in the + report submitted by the Secretary to the Committee on Foreign + Relations of the Senate on April 14, 2017, pursuant to section + 418 of the Department of State Authorities Act, Fiscal Year + 2017 (Public Law 114-323), that are not expressly authorized by + a provision of law enacted by Congress. + (3) Justifications supporting each of the Secretary's + recommendations under paragraph (2). + (b) Advice and Consent.--Not later than 90 days after the +submission of the report required under subsection (a), the President +shall submit the name of each Special Envoy, Special Representative, +Special Coordinator, Special Negotiator, Envoy, Representative, +Coordinator, Special Advisor, or other person occupying a similar +position at the Department exercising significant authority pursuant to +the laws of the United States that is not expressly authorized by a +provision of law enacted by Congress who is included in such report to +the Committee on Foreign Relations of the Senate to seek the advice and +consent of the Senate. + (c) Rule of Construction Regarding Establishment of Positions.-- +Nothing in this section may be construed as prohibiting the +establishment or maintenance of any Special Envoy, Special +Representative, Special Coordinator, Special Negotiator, Envoy, +Representative, Coordinator, Special Advisor, or other similar position +at the Department exercising significant authority pursuant to the laws +of the United States if the name of the appointee for each such +position is submitted to the Committee on Foreign Relations of the +Senate, to seek the advice and consent of the Senate, not later than 90 +days after each such appointment. + (d) Limited Exception for Temporary Appointments.--The Secretary +may maintain or establish a position with the title of Special Envoy, +Special Representative, Special Coordinator, Special Negotiator, +Special Advisor, or a similar position not exercising significant +authority pursuant to the laws of the United States for not longer than +180 days if the Secretary, not later than 15 days before the +appointment of a person to such a position, submits to the appropriate +congressional committees a notification that includes the following: + (1) A certification that the position is not expected to + demand the exercise of significant authority pursuant to the + laws of the United States. + (2) A description of the duties and purpose of the + position. + (3) The rationale for giving the specific title to the + position. + (e) Renewal of Temporary Appointment.--Nothing in this section may +be construed as prohibiting the Secretary from renewing for a period +not to exceed 180 days any position maintained or established under +subsection (d) if the Secretary complies with the notification +requirements contained in such subsection. + (f) Funding Restrictions.-- + (1) Positions not submitted for advice and consent.--No + funds may be authorized to be appropriated for-- + (A) any Special Envoy, Special Representative, + Special Coordinator, Special Negotiator, Envoy, + Representative, Coordinator, Special Advisor, or other + similar position at the Department exercising + significant authority pursuant to the laws of the + United States if the name of the person appointed to + such position has not been submitted to the Committee + on Foreign Relations of the Senate for the advice and + consent of the Senate in accordance with subsection + (b); or + (B) any staff or resources related to such a + position until the person appointed to such position + has been submitted to the Committee on Foreign + Relations of the Senate for the advice and consent of + the Senate. + (2) Temporary positions.--No funds may be authorized to be + appropriated for any position described in subsection (d) or + for any staff or resources related to such position unless the + Secretary has complied with the notification requirements under + such subsection. + (3) Fiscal year 2021.--The restrictions described in this + subsection shall not apply in fiscal year 2021 to positions or + associated staff and resources for which funding is expressly + appropriated for such fiscal year in an Act of Congress. + (g) Confirmation for Authorized Positions.-- + (1) In general.--No Special Envoy, Special Representative, + Special Coordinator, Special Negotiator, Envoy, Representative, + Coordinator, Special Advisor, or other similar position at the + Department exercising significant authority pursuant to the + laws of the United States that is authorized by an Act of + Congress (except the position authorized by section 621 of the + Tibetan Policy Act of 2002 (subtitle B of title VI of Public + Law 107-228; 22 U.S.C. 6901 note)) may be appointed without the + advice and consent of the Senate. + (2) Fiscal year 2021.--The restriction described in + paragraph (1) shall not apply in fiscal year 2021 to positions + or associated staff and resources for which funding is + expressly appropriated for such fiscal year in an Act of + Congress. + (h) Elimination of Special Representative and Policy Coordinator +for Burma.-- + (1) Findings.--Congress finds the following: + (A) Congress established the Special Representative + and Policy Coordinator for Burma in July 2008 at a time + when the United States did not maintain full diplomatic + relations with Burma and had not appointed an + Ambassador to Burma in 18 years. + (B) In 2012, the United States re-established full + diplomatic relations with Burma and appointed a United + States Ambassador to Burma who, along with the + Secretary of State, Assistant Secretary of State for + East Asia and the Pacific, and other United States + Government officials, represents the United States' + interests in Burma. + (2) Repeal.--Section 7 of the Tom Lantos Block Burmese Jade + (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110- + 286; 50 U.S.C. 1701 note; relating to the establishment of a + Special Representative and Policy Coordinator for Burma) is + hereby repealed. + +SEC. 14108. ANTI-PIRACY INFORMATION SHARING. + + The Secretary is authorized to provide for the participation by the +United States in the Information Sharing Centre located in Singapore, +as established by the Regional Cooperation Agreement on Combating +Piracy and Armed Robbery against Ships in Asia (ReCAAP). + +SEC. 14109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL + SECURITY. + + It is the sense of Congress that-- + (1) the Department is a crucial national security agency, + whose employees, both Foreign and Civil Service, require the + best possible training at every stage of their careers to + prepare them to promote and defend United States national + interests and the health and safety of United States citizens + abroad; + (2) the Secretary should explore establishing a ``training + float'' requiring that a certain percentage of the Foreign + Service shall be in long-term training at any given time; + (3) the Department's Foreign Service Institute should seek + to substantially increase its educational and training + offerings to Department personnel, including developing new and + innovative educational and training courses, methods, programs, + and opportunities; and + (4) consistent with existing Department gift acceptance + authority and other applicable laws, the Department and Foreign + Service Institute should seek and accept funds and other + resources from foundations, not-for-profit corporations, and + other appropriate sources to help the Department and the + Institute accomplish the goals specified in paragraph (3). + +SEC. 14110. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS. + + The Foreign Service Act of 1980 is amended-- + (1) in section 501 (22 U.S.C. 3981), by inserting ``If a + position designated under this section is unfilled for more + than 365 calendar days, such position may be filled, as + appropriate, on a temporary basis, in accordance with section + 309.'' after ``Positions designated under this section are + excepted from the competitive service.''; and + (2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)), + by inserting ``, or domestically, in a position working on + issues relating to a particular country or geographic area,'' + after ``geographic area''. + +SEC. 14111. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF + STATE. + + (a) In General.--Subsection (c) of section 1 of the State +Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended +by section 14103 of this Act, is further amended-- + (1) by redesignating paragraph (4) (as redesignated + pursuant to such section 14103) as paragraph (5); and + (2) by inserting after paragraph (3) the following new + paragraph: + ``(4) Energy resources.-- + ``(A) Authorization for assistant secretary.-- + Subject to the numerical limitation specified in + paragraph (1), there is authorized to be established in + the Department of State an Assistant Secretary of State + for Energy Resources. + ``(B) Personnel.--The Secretary of State shall + ensure that there are sufficient personnel dedicated to + energy matters within the Department of State whose + responsibilities shall include-- + ``(i) formulating and implementing + international policies aimed at protecting and + advancing United States energy security + interests by effectively managing United States + bilateral and multilateral relations; + ``(ii) ensuring that analyses of the + national security implications of global energy + and environmental developments are reflected in + the decision making process within the + Department; + ``(iii) incorporating energy security + priorities into the activities of the + Department; + ``(iv) coordinating energy activities of + the Department with relevant Federal + departments and agencies; and + ``(v) working internationally to-- + ``(I) support the development of + energy resources and the distribution + of such resources for the benefit of + the United States and United States + allies and trading partners for their + energy security and economic + development needs; + ``(II) promote availability of + diversified energy supplies and a well- + functioning global market for energy + resources, technologies, and expertise + for the benefit of the United States + and United States allies and trading + partners; + ``(III) resolve international + disputes regarding the exploration, + development, production, or + distribution of energy resources; + ``(IV) support the economic and + commercial interests of United States + persons operating in the energy markets + of foreign countries; + ``(V) support and coordinate + international efforts to alleviate + energy poverty; + ``(VI) leading the United States + commitment to the Extractive Industries + Transparency Initiative; + ``(VII) coordinating within the + Department and with relevant Federal + departments and agencies on developing + and implementing international energy- + related sanctions; and + ``(VIII) coordinating energy + security and other relevant functions + within the Department currently + undertaken by-- + ``(aa) the Bureau of + Economic and Business Affairs; + ``(bb) the Bureau of Oceans + and International Environmental + and Scientific Affairs; and + ``(cc) other offices within + the Department of State.''. + (b) Conforming Amendment.--Section 931 of the Energy Independence +and Security Act of 2007 (42 U.S.C. 17371) is amended-- + (1) by striking subsections (a) and (b); and + (2) by redesignating subsections (c) and (d) as subsections + (a) and (b), respectively. + +SEC. 14112. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY. + + Title I of the State Department Basic Authorities Act of 1956 is +amended by adding after section 63 (22 U.S.C. 2735) the following new +section: + +``SEC. 64. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY. + + ``(a) Activities.-- + ``(1) Support authorized.--The Secretary of State is + authorized to provide, by contract, grant, or otherwise, for + the performance of appropriate museum visitor and educational + outreach services and related events, including organizing + programs and conference activities, museum shop services and + food services in the public exhibition and related space + utilized by the National Museum of American Diplomacy. + ``(2) Recovery of costs.--The Secretary of State is + authorized to recover any revenues generated under the + authority of paragraph (1) for visitor and outreach services + and related events referred to in such paragraph, including + fees for use of facilities at the National Museum for American + Diplomacy. Any such revenues may be retained as a recovery of + the costs of operating the museum. + ``(b) Disposition of National Museum of American Diplomacy +Documents, Artifacts, and Other Articles.-- + ``(1) Property.--All historic documents, artifacts, or + other articles permanently acquired by the Department of State + and determined by the Secretary of State to be suitable for + display by the National Museum of American Diplomacy shall be + considered to be the property of the United States Government + and shall be subject to disposition solely in accordance with + this subsection. + ``(2) Sale, trade, or transfer.--Whenever the Secretary of + State makes the determination described in paragraph (3) with + respect to a document, artifact, or other article under + paragraph (1), the Secretary may sell at fair market value, + trade, or transfer such document, artifact, or other article + without regard to the requirements of subtitle I of title 40, + United States Code. The proceeds of any such sale may be used + solely for the advancement of the mission of the National + Museum of American Diplomacy and may not be used for any + purpose other than the acquisition and direct care of the + collections of the museum. + ``(3) Determinations prior to sale, trade, or transfer.-- + The determination described in this paragraph with respect to a + document, artifact, or other article under paragraph (1), is a + determination that-- + ``(A) such document, artifact, or other article no + longer serves to further the purposes of the National + Museum of American Diplomacy as set forth in the + collections management policy of the museum; + ``(B) the sale, trade, or transfer of such + document, artifact, or other article would serve to + maintain the standards of the collection of the museum; + or + ``(C) sale, trade, or transfer of such document, + artifact, or other article would be in the best + interests of the United States. + ``(4) Loans.--In addition to the authorization under + paragraph (2) relating to the sale, trade, or transfer of + documents, artifacts, or other articles under paragraph (1), + the Secretary of State may loan such documents, artifacts, or + other articles, when not needed for use or display by the + National Museum of American Diplomacy to the Smithsonian + Institution or a similar institution for repair, study, or + exhibition.''. + +SEC. 14113. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR + COSTS INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF + U.S.-FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS. + + (a) In General.--Subsection (e) of section 7 of the Fishermen's +Protective Act of 1967 (22 U.S.C. 1977) is amended to read as follows: + ``(e) Amounts.--Payments may be made under this section only to +such extent and in such amounts as are provided in advance in +appropriation Acts.''. + (b) Retroactive Applicability.-- + (1) Effective date.--The amendment made by subsection (a) + shall take effect on the date of the enactment of this Act and + apply as if the date specified in subsection (e) of section 7 + of the Fishermen's Protective Act of 1967, as in effect on the + day before the date of the enactment of this Act, were the day + after such date of enactment. + (2) Agreements and payments.--The Secretary shall-- + (A) enter into agreements pursuant to section 7 of + the Fishermen's Protective Act of 1967 for any claims + to which such section would otherwise apply but for the + date specified in subsection (e) of such section, as in + effect on the day before the date of the enactment of + this Act; and + (B) make payments in accordance with agreements + entered into pursuant to such section if any such + payments have not been made as a result of the + expiration of the date specified in such section, as in + effect on the day before the date of the enactment of + this Act. + +SEC. 14114. ART IN EMBASSIES. + + (a) In General.--No funds are authorized to be appropriated for the +purchase of any piece of art for the purposes of installation or +display in any embassy, consulate, or other foreign mission of the +United States if the purchase price of such piece of art is in excess +of $50,000, unless such purchase is subject to prior consultation with, +and the regular notification procedures of, the appropriate +congressional committees. + (b) Report.--Not later than 90 days after the date of the enactment +of this Act, the Secretary shall submit to the appropriate +congressional committees a report on the costs of the Art in Embassies +Program for each of fiscal years 2012, 2013, and 2014. + (c) Sunset.--This section shall terminate on the date that is 2 +years after the date of the enactment of this Act. + (d) Definition.--In this section, the term ``art'' includes +paintings, sculptures, photographs, industrial design, and craft art. + +SEC. 14115. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS. + + (a) Burma.-- + (1) In general.--Section 570 of Public Law 104-208 is + amended-- + (A) by amending subsection (c) to read as follows: + ``(c) Multilateral Strategy.--The President shall develop, in +coordination with members of ASEAN and other likeminded countries, a +comprehensive, multilateral strategy to bring about further democratic +consolidation in Burma and improve human rights practices and the +quality of life in Burma, including the development of a dialogue +leading to genuine national reconciliation.''; and + (B) in subsection (d)-- + (i) in the matter preceding paragraph (1), + by striking ``six months'' and inserting + ``year''; + (ii) by redesignating paragraph (3) as + paragraph (7); and + (iii) by inserting after paragraph (2) the + following new paragraphs: + ``(3) improvements in human rights practices; + ``(4) progress toward broad-based and inclusive economic + growth; + ``(5) progress toward genuine national reconciliation; + ``(6) progress on improving the quality of life of the + Burmese people, including progress relating to market reforms, + living standards, labor standards, use of forced labor in the + tourism industry, and environmental quality; and''. + (2) Effective date.--The amendments made by paragraph (1) + shall take effect on the date of the enactment of this Act and + apply with respect to the first report required under + subsection (d) of section 570 of Public Law 104-208 that is + required after the date of the enactment of this Act. + (b) Repeals.--The following provisions of law are hereby repealed: + (1) Subsection (b) of section 804 of Public Law 101-246. + (2) Section 6 of Public Law 104-45. + (3) Section 406 of Public Law 101-246 (22 U.S.C. 2414a). + (4) Subsection (c) of section 702 of Public Law 96-465 (22 + U.S.C. 4022). + +SEC. 14116. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS. + + (a) Initial Report.--Not later than 120 days after the date of the +enactment of this Act, the Secretary shall submit to the appropriate +congressional committees a report that lists all of the Government +Accountability Office's recommendations relating to the Department that +have not been fully implemented. + (b) Comptroller General Report.--Not later than 30 days after the +Secretary submits the report under subsection (a), the Comptroller +General of the United States shall submit to the appropriate +congressional committees a report that identifies any discrepancies +between the list of recommendations included in such report and the +Government Accountability Office's list of outstanding recommendations +for the Department. + (c) Implementation Report.-- + (1) In general.--Not later than 120 days after the date of + the submission of the Comptroller General's report under + subsection (b), the Secretary shall submit to the appropriate + congressional committees a report that describes the + implementation status of each recommendation from the + Government Accountability Office included in the report + submitted under subsection (a). + (2) Justification.--The report under paragraph (1) shall + include-- + (A) a detailed justification for each decision not + to fully implement a recommendation or to implement a + recommendation in a different manner than specified by + the Government Accountability Office; + (B) a timeline for the full implementation of any + recommendation the Secretary has decided to adopt, but + has not yet fully implemented; and + (C) an explanation for any discrepancies included + in the Comptroller General report submitted under + subsection (b). + (d) Form.--The information required in each report under this +section shall be submitted in unclassified form, to the maximum extent +practicable, but may be included in a classified annex to the extent +necessary. + +SEC. 14117. OFFICE OF GLOBAL CRIMINAL JUSTICE. + + (a) In General.--There should be established within the Department +an Office of Global Criminal Justice (referred to in this section as +the ``Office''), which may be placed within the organizational +structure of the Department at the discretion of the Secretary. + (b) Duties.--The Office should carry out the following: + (1) Advise the Secretary and other relevant senior + officials on issues related to war crimes, crimes against + humanity, and genocide. + (2) Assist in formulating United States policy on the + prevention of, responses to, and accountability for mass + atrocities. + (3) Coordinate United States Government positions relating + to the international and hybrid courts currently prosecuting + persons responsible for genocide, war crimes, and crimes + against humanity anywhere in the world. + (4) Work with other governments, international + organizations, and nongovernmental organizations, as + appropriate, to establish and assist international and domestic + commissions of inquiry, fact-finding missions, and tribunals to + investigate, document, and prosecute atrocities in every region + of the globe. + (5) Coordinate the deployment of diplomatic, legal, + economic, military, and other tools to help expose the truth, + judge those responsible, protect and assist victims, enable + reconciliation, deter atrocities, and build the rule of law. + (6) Provide advice and expertise on transitional justice to + United States personnel operating in conflict and post-conflict + environments. + (7) Act as a point of contact for international, hybrid, + and mixed tribunals exercising jurisdiction over war crimes, + crimes against humanity, and genocide committed around the + world. + (8) Represent the Department on any interagency whole-of- + government coordinating entities addressing genocide and other + mass atrocities. + (9) Perform any additional duties and exercise such powers + as the Secretary of State may prescribe. + (c) Supervision.--The Office should be led by an Ambassador-at- +Large for Global Criminal Justice. + + TITLE II--EMBASSY CONSTRUCTION + +SEC. 14201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE. + + For ``Embassy Security, Construction, and Maintenance'', there is +authorized to be appropriated $1,975,449,000 for fiscal year 2021. + +SEC. 14202. STANDARD DESIGN IN CAPITAL CONSTRUCTION. + + (a) Sense of Congress.--It is the sense of Congress that the +Department's Bureau of Overseas Building Operations (OBO) or successor +office should give appropriate consideration to standardization in +construction, in which each new United States embassy and consulate +starts with a standard design and keeps customization to a minimum. + (b) Consultation.--The Secretary shall carry out any new United +States embassy compound or new consulate compound project that utilizes +a non-standard design, including those projects that are in the design +or pre-design phase as of the date of the enactment of this Act, only +in consultation with the appropriate congressional committees. The +Secretary shall provide the appropriate congressional committees, for +each such project, the following documentation: + (1) A comparison of the estimated full lifecycle costs of + the project to the estimated full lifecycle costs of such + project if it were to use a standard design. + (2) A comparison of the estimated completion date of such + project to the estimated completion date of such project if it + were to use a standard design. + (3) A comparison of the security of the completed project + to the security of such completed project if it were to use a + standard design. + (4) A justification for the Secretary's selection of a non- + standard design over a standard design for such project. + (5) A written explanation if any of the documentation + necessary to support the comparisons and justification, as the + case may be, described in paragraphs (1) through (4) cannot be + provided. + (c) Sunset.--The consultation requirement under subsection (b) +shall expire on the date that is 4 years after the date of the +enactment of this Act. + +SEC. 14203. CAPITAL CONSTRUCTION TRANSPARENCY. + + (a) In General.--Section 118 of the Department of State Authorities +Act, Fiscal Year 2017 (22 U.S.C. 304) is amended-- + (1) in the section heading , by striking ``annual report on + embassy construction costs'' and inserting ``biannual report on + overseas capital construction projects''; and + (2) by striking subsections (a) and (b) and inserting the + following new subsections: + ``(a) In General.--Not later than 180 days after the date of the +enactment of this subsection and every 180 days thereafter until the +date that is 4 years after such date of enactment, the Secretary shall +submit to the appropriate congressional committees a comprehensive +report regarding all ongoing overseas capital construction projects and +major embassy security upgrade projects. + ``(b) Contents.--Each report required under subsection (a) shall +include the following with respect to each ongoing overseas capital +construction project and major embassy security upgrade project: + ``(1) The initial cost estimate as specified in the + proposed allocation of capital construction and maintenance + funds required by the Committees on Appropriations for Acts + making appropriations for the Department of State, foreign + operations, and related programs. + ``(2) The current cost estimate. + ``(3) The value of each request for equitable adjustment + received by the Department to date. + ``(4) The value of each certified claim received by the + Department to date. + ``(5) The value of any usage of the project's contingency + fund to date and the value of the remainder of the project's + contingency fund. + ``(6) An enumerated list of each request for adjustment and + certified claim that remains outstanding or unresolved. + ``(7) An enumerated list of each request for equitable + adjustment and certified claim that has been fully adjudicated + or that the Department has settled, and the final dollar amount + of each adjudication or settlement. + ``(8) The date of estimated completion specified in the + proposed allocation of capital construction and maintenance + funds required by the Committees on Appropriations not later + than 45 days after the date of the enactment of an Act making + appropriations for the Department of State, foreign operations, + and related programs. + ``(9) The current date of estimated completion.''. + (b) Initial Report.--The first report required under subsection (a) +of section 118 of the Department of State Authorities Act, Fiscal Year +2017 (as amended by this section) shall include an annex regarding all +overseas capital construction projects and major embassy security +upgrade projects completed during the 10-year period ending on December +31, 2018, including, for each such project, the elements specified in +subsection (b) of such section 118. + +SEC. 14204. CONTRACTOR PERFORMANCE INFORMATION. + + (a) Deadline for Completion.--The Secretary shall complete all +contractor performance evaluations required by subpart 42.15 of the +Federal Acquisition Regulation for those contractors engaged in +construction of new embassy or new consulate compounds by October 1, +2021. + (b) Prioritization System.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary shall develop a + prioritization system for clearing the current backlog of + required evaluations referred to in subsection (a). + (2) Elements.--The system required under paragraph (1) + should prioritize the evaluations as follows: + (A) Project completion evaluations should be + prioritized over annual evaluations. + (B) Evaluations for relatively large contracts + should have priority. + (C) Evaluations that would be particularly + informative for the awarding of government contracts + should have priority. + (c) Briefing.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of State shall brief the +appropriate congressional committees on the Department's plan for +completing all evaluations by October 1, 2021, in accordance with +subsection (a) and the prioritization system developed pursuant to +subsection (b). + (d) Sense of Congress.--It is the sense of Congress that-- + (1) contractors deciding whether to bid on Department + contracts would benefit from greater understanding of the + Department as a client; and + (2) the Department should develop a forum where contractors + can comment on the Department's project management performance. + +SEC. 14205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES. + + (a) In General.--For each new United States embassy compound (NEC) +and new consulate compound project (NCC) in or not yet in the design +phase as of the date of the enactment of this Act, the Department shall +project growth over the estimated life of the facility using all +available and relevant data, including the following: + (1) Relevant historical trends for Department personnel and + personnel from other agencies represented at the NEC or NCC + that is to be constructed. + (2) An analysis of the tradeoffs between risk and the needs + of United States Government policy conducted as part of the + most recent Vital Presence Validation Process, if applicable. + (3) Reasonable assumptions about the strategic importance + of the NEC or NCC, as the case may be, over the life of the + building at issue. + (4) Any other data that would be helpful in projecting the + future growth of NEC or NCC. + (b) Other Federal Agencies.--The head of each Federal agency +represented at a United States embassy or consulate shall provide to +the Secretary, upon request, growth projections for the personnel of +each such agency over the estimated life of each embassy or consulate, +as the case may be. + (c) Basis for Estimates.--The Department shall base its growth +assumption for all NECs and NCCs on the estimates required under +subsections (a) and (b). + (d) Congressional Notification.--Any congressional notification of +site selection for a NEC or NCC submitted after the date of the +enactment of this Act shall include the growth assumption used pursuant +to subsection (c). + +SEC. 14206. LONG-RANGE PLANNING PROCESS. + + (a) Plans Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act and annually thereafter for 5 years, + the Secretary shall develop-- + (A) a comprehensive 6-year plan documenting the + Department's overseas building program for the + replacement of overseas diplomatic posts taking into + account security factors under the Secure Embassy + Construction and Counterterrorism Act of 1999 and other + relevant statutes and regulations, as well as + occupational safety and health factors pursuant to the + Occupational Safety and Health Act of 1970 and other + relevant statutes and regulations, including + environmental factors such as indoor air quality that + impact employee health and safety; and + (B) a comprehensive 6-year plan detailing the + Department's long-term planning for the maintenance and + sustainment of completed diplomatic posts, which takes + into account security factors under the Secure Embassy + Construction and Counterterrorism Act of 1999 and other + relevant statutes and regulations, as well as + occupational safety and health factors pursuant to the + Occupational Safety and Health Act of 1970 and other + relevant statutes and regulations, including + environmental factors such as indoor air quality that + impact employee health and safety. + (2) Initial report.--The first plan developed pursuant to + paragraph (1)(A) shall also include a one-time status report on + existing small diplomatic posts and a strategy for establishing + a physical diplomatic presence in countries in which there is + no current physical diplomatic presence. Such report, which may + include a classified annex, shall include the following: + (A) A description of the extent to which each small + diplomatic post furthers the national interest of the + United States. + (B) A description of how each small diplomatic post + provides American Citizen Services, including data on + specific services provided and the number of Americans + receiving services over the previous year. + (C) A description of whether each small diplomatic + post meets current security requirements. + (D) A description of the full financial cost of + maintaining each small diplomatic post. + (E) Input from the relevant chiefs of mission on + any unique operational or policy value the small + diplomatic post provides. + (3) Updated information.--The annual updates of each of the + plans developed pursuant to paragraph (1) shall highlight any + changes from the previous year's plan to the ordering of + construction and maintenance projects. + (b) Reporting Requirements.-- + (1) Submission of plans to congress.--Not later than 60 + days after the completion of each plan required under + subsection (a), the Secretary shall submit the plans to the + appropriate congressional committees. + (2) Reference in budget justification materials.--In the + budget justification materials submitted to the appropriate + congressional committees in support of the Department's budget + for any fiscal year (as submitted with the budget of the + President under section 1105(a) of title 31, United States + Code), the plans required under subsection (a) shall be + referenced to justify funding requested for building and + maintenance projects overseas. + (3) Form of report.--Each report required under paragraph + (1) shall be submitted in unclassified form but may include a + classified annex. + (c) Small Diplomatic Post Defined.--In this section, the term +``small diplomatic post'' means any United States embassy or consulate +that has employed five or fewer United States Government employees on +average over the 36 months prior to the date of the enactment of this +Act. + +SEC. 14207. VALUE ENGINEERING AND RISK ASSESSMENT. + + (a) Findings.--Congress makes the following findings: + (1) Federal departments and agencies are required to use + value engineering (VE) as a management tool, where appropriate, + to reduce program and acquisition costs pursuant to OMB + Circular A-131, Value Engineering, dated December 31, 2013. + (2) OBO has a Policy Directive and Standard Operation + Procedure, dated May 24, 2017, on conducting risk management + studies on all international construction projects. + (b) Notification Requirements.-- + (1) Submission to authorizing committees.--The proposed + allocation of capital construction and maintenance funds that + is required by the Committees on Appropriations of the Senate + and the House of Representatives not later than 45 days after + the date of the enactment of an Act making appropriations for + the Department of State, foreign operations, and related + programs shall also be submitted to the Committee on Foreign + Relations of the Senate and the Committee on Foreign Affairs of + the House of Representatives. + (2) Requirement to confirm completion of value engineering + and risk assessment studies.--The notifications required under + paragraph (1) shall include confirmation that the Department + has completed the requisite VE and risk management studies + described in subsection (a). + (c) Reporting and Briefing Requirements.--The Secretary shall +provide to the appropriate congressional committees upon request-- + (1) a description of each risk management study referred to + in subsection (a)(2) and a table detailing which + recommendations related to each such study were accepted and + which were rejected; and + (2) a report or briefing detailing the rationale for not + implementing any such recommendations that may otherwise yield + significant cost savings to the Department if implemented. + +SEC. 14208. BUSINESS VOLUME. + + Section 402(c)(2)(E) of the Omnibus Diplomatic Security and +Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by +striking ``in 3 years'' and inserting ``cumulatively over 3 years''. + +SEC. 14209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES. + + The Secretary shall provide to the appropriate congressional +committees upon request information on security deficiencies at United +States diplomatic posts, including relating to the following: + (1) Requests made over the previous year by United States + diplomatic posts for security upgrades. + (2) Significant security deficiencies at United States + diplomatic posts that are not operating out of a new embassy + compound or new consulate compound. + +SEC. 14210. OVERSEAS SECURITY BRIEFINGS. + + Not later than 1 year after the date of the enactment of this Act, +the Secretary shall revise the Foreign Affairs Manual to stipulate that +information on the current threat environment shall be provided to all +United States Government employees under chief of mission authority +traveling to a foreign country on official business. To the extent +practicable, such material shall be provided to such employees prior to +their arrival at a United States diplomatic post or as soon as possible +thereafter. + +SEC. 14211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION. + + (a) Delivery.--Unless the Secretary notifies the appropriate +congressional committees that the use of the design-build project +delivery method would not be appropriate, the Secretary shall make use +of such method at United States diplomatic posts that have not yet +received design or capital construction contracts as of the date of the +enactment of this Act. + (b) Notification.--Before executing a contract for a delivery +method other than design-build in accordance with subsection (a), the +Secretary shall notify the appropriate congressional committees in +writing of the decision, including the reasons therefor. The +notification required by this subsection may be included in any other +report regarding a new United States diplomatic post that is required +to be submitted to the appropriate congressional committees. + (c) Performance Evaluation.--Not later than 180 days after the date +of the enactment of this Act, the Secretary shall report to the +appropriate congressional committees regarding performance evaluation +measures in accordance with GAO's ``Standards for Internal Control in +the Federal Government'' that will be applicable to design and +construction, lifecycle cost, and building maintenance programs of the +Bureau of Overseas Building Operations of the Department. + +SEC. 14212. COMPETITION IN EMBASSY CONSTRUCTION. + + Not later than 45 days after the date of the enactment of this Act, +the Secretary shall submit to the appropriate congressional committee a +report detailing steps the Department is taking to expand the embassy +construction contractor base in order to increase competition and +maximize value. + +SEC. 14213. STATEMENT OF POLICY. + + It is the policy of the United States that the Bureau of Overseas +Building Operations of the Department or its successor office shall +continue to balance functionality and security with accessibility, as +defined by guidelines established by the United States Access Board in +constructing embassies and consulates, and shall ensure compliance with +the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the +fullest extent possible. + +SEC. 14214. DEFINITIONS. + + In this title: + (1) Design-build.--The term ``design-build'' means a method + of project delivery in which one entity works under a single + contract with the Department to provide design and construction + services. + (2) Non-standard design.--The term ``non-standard design'' + means a design for a new embassy compound project or new + consulate compound project that does not utilize a standardized + design for the structural, spatial, or security requirements of + such embassy compound or consulate compound, as the case may + be. + + TITLE III--PERSONNEL ISSUES + +SEC. 14301. DEFENSE BASE ACT INSURANCE WAIVERS. + + (a) Application for Waivers.--Not later than 30 days after the date +of the enactment of this Act, the Secretary shall apply to the +Department of Labor for a waiver from insurance requirements under the +Defense Base Act (42 U.S.C. 1651 et seq.) for all countries with +respect to which the requirement was waived prior to January 2017, and +for which there is not currently a waiver. + (b) Certification Requirement.--Not later than 45 days after the +date of the enactment of this Act, the Secretary shall certify to the +appropriate congressional committees that the requirement in subsection +(a) has been met. + +SEC. 14302. STUDY ON FOREIGN SERVICE ALLOWANCES. + + (a) Report Required.-- + (1) In general.--Not later than 270 days after date of the + enactment of this Act, the Secretary shall submit to the + appropriate congressional committees a report detailing an + empirical analysis on the effect of overseas allowances on the + foreign assignment of Foreign Service officers (FSOs), to be + conducted by a federally-funded research and development center + with appropriate expertise in labor economics and military + compensation. + (2) Contents.--The analysis required under paragraph (1) + shall-- + (A) identify all allowances paid to FSOs assigned + permanently or on temporary duty to foreign areas; + (B) examine the efficiency of the Foreign Service + bidding system in determining foreign assignments; + (C) examine the factors that incentivize FSOs to + bid on particular assignments, including danger levels + and hardship conditions; + (D) examine the Department's strategy and process + for incentivizing FSOs to bid on assignments that are + historically in lower demand, including with monetary + compensation, and whether monetary compensation is + necessary for assignments in higher demand; + (E) make any relevant comparisons to military + compensation and allowances, noting which allowances + are shared or based on the same regulations; + (F) recommend options for restructuring allowances + to improve the efficiency of the assignments system and + better align FSO incentives with the needs of the + Foreign Service, including any cost savings associated + with such restructuring; + (G) recommend any statutory changes necessary to + implement subparagraph (F), such as consolidating + existing legal authorities for the provision of + hardship and danger pay; and + (H) detail any effects of recommendations made + pursuant to subparagraphs (F) and (G) on other United + States Government departments and agencies with + civilian employees permanently assigned or on temporary + duty in foreign areas, following consultation with such + departments and agencies. + (b) Briefing Requirement.--Before initiating the analysis required +under subsection (a)(1), and not later than 60 days after the date of +the enactment of this Act, the Secretary shall provide to the Committee +on Foreign Relations of the Senate and the Committee on Foreign Affairs +in the House of Representatives a briefing on the implementation of +this section that includes the following: + (1) The name of the federally funded research and + development center that will conduct such analysis. + (2) The scope of such analysis and terms of reference for + such analysis as specified between the Department and such + federally funded research and development center. + (c) Availability of Information.-- + (1) In general.--The Secretary shall make available to the + federally-funded research and development center carrying out + the analysis required under subsection (a)(1) all necessary and + relevant information to allow such center to conduct such + analysis in a quantitative and analytical manner, including + historical data on the number of bids for each foreign + assignment and any survey data collected by the Department from + eligible bidders on their bid decision-making. + (2) Cooperation.--The Secretary shall work with the heads + of other relevant United States Government departments and + agencies to ensure such departments and agencies provide all + necessary and relevant information to the federally-funded + research and development center carrying out the analysis + required under subsection (a)(1). + (d) Interim Report to Congress.--The Secretary shall require that +the chief executive officer of the federally-funded research and +development center that carries out the analysis required under +subsection (a)(1) submit to the Committee on Foreign Relations of the +Senate and the Committee on Foreign Affairs of the House of +Representatives an interim report on such analysis not later than 120 +days after the date of the enactment of this Act. + +SEC. 14303. SCIENCE AND TECHNOLOGY FELLOWSHIPS. + + Section 504 of the Foreign Relations Authorization Act, Fiscal Year +1979 (22 U.S.C. 2656d) is amended by adding at the end the following +new subsection: + ``(e) Grants and Cooperative Agreements Related to Science and +Technology Fellowship Programs.-- + ``(1) In general.--The Secretary is authorized to make + grants or enter into cooperative agreements related to + Department of State science and technology fellowship programs, + including for assistance in recruiting fellows and the payment + of stipends, travel, and other appropriate expenses to fellows. + ``(2) Exclusion from consideration as compensation.-- + Stipends under paragraph (1) shall not be considered + compensation for purposes of section 209 of title 18, United + States Code. + ``(3) Maximum annual amount.--The total amount of grants + made pursuant to this subsection may not exceed $500,000 in any + fiscal year.''. + +SEC. 14304. TRAVEL FOR SEPARATED FAMILIES. + + Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C. +4081(15)) is amended-- + (1) in the matter preceding subparagraph (A), by striking + ``1 round-trip per year for each child below age 21 of a member + of the Service assigned abroad'' and inserting ``in the case of + one or more children below age 21 of a member of the Service + assigned abroad, 1 round-trip per year''; + (2) in subparagraph (A)-- + (A) by inserting ``for each child'' before ``to + visit the member abroad''; and + (B) by striking ``; or'' and inserting a comma; + (3) in subparagraph (B)-- + (A) by inserting ``for each child'' before ``to + visit the other parent''; and + (B) by inserting ``or'' after ``resides,''; + (4) by inserting after subparagraph (B) the following new + subparagraph: + ``(C) for one of the child's parents to visit the + child or children abroad if the child or children do + not regularly reside with that parent and that parent + is not receiving an education allowance or educational + travel allowance for the child or children under + section 5924(4) of title 5, United States Code,''; and + (5) in the matter following subparagraph (C), as added by + paragraph (4) of this section, by striking ``a payment'' and + inserting ``the cost of round-trip travel''. + +SEC. 14305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES. + + Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C. +4083(b)) is amended by adding at the end the following new sentence: +``In cases in which the family members of a member of the Service +reside apart from the member at authorized locations outside the United +States because they are prevented by official order from residing with +the member at post, the member may take the leave ordered under this +section where that member's family members reside, notwithstanding +section 6305 of title 5, United States Code.''. + +SEC. 14306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS. + + It is the sense of Congress that Department fellowships that +promote the employment of candidates belonging to under-represented +groups, including the Charles B. Rangel International Affairs Graduate +Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship +Program, and the Donald M. Payne International Development Fellowship +Program, represent smart investments vital for building a strong, +capable, and representative national security workforce. + +SEC. 14307. TECHNICAL CORRECTION. + + Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of +1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause +(i), by-- + (1) striking ``promotion'' and inserting ``promotion, on or + after January 1, 2017,''; and + (2) striking ``individual joining the Service on or after + January 1, 2017,'' and inserting ``Foreign Service officer, + appointed under section 302(a)(1), who has general + responsibility for carrying out the functions of the Service''. + +SEC. 14308. FOREIGN SERVICE AWARDS. + + (a) In General.--Section 614 of the Foreign Service Act of 1980 (22 +U.S.C. 4013) is amended-- + (1) by amending the section heading to read as follows: + ``department awards''; and + (2) in the first sentence, by inserting ``or Civil + Service'' after ``the Service''. + (b) Conforming Amendment.--The item relating to section 614 in the +table of contents of the Foreign Service Act of 1980 is amended to read +as follows: + +``Sec. 614. Department awards.''. + +SEC. 14309. DIPLOMATIC PROGRAMS. + + (a) Sense of Congress on Workforce Recruitment.--It is the sense of +Congress that the Secretary should continue to hold entry-level classes +for Foreign Service officers and specialists and continue to recruit +civil servants through programs such as the Presidential Management +Fellows Program and Pathways Internship Programs in a manner and at a +frequency consistent with prior years and consistent with the need to +maintain a pool of experienced personnel effectively distributed across +skill codes and ranks. It is further the sense of Congress that absent +continuous recruitment and training of Foreign Service officers and +civil servants, the Department will lack experienced, qualified +personnel in the short, medium, and long terms. + (b) Limitation.--The Secretary may not implement any reduction-in- +force action under section 3502 or 3595 of title 5, United States Code, +or for any incentive payments for early separation or retirement under +any other provision of law unless-- + (1) the appropriate congressional committees are notified + not less than 15 days in advance of such obligation or + expenditure; and + (2) the Secretary has provided to the appropriate + congressional committees a detailed report that describes the + Department's strategic staffing goals, including-- + (A) a justification that describes how any proposed + workforce reduction enhances the effectiveness of the + Department; + (B) a certification that such workforce reduction + is in the national interest of the United States; + (C) a comprehensive strategic staffing plan for the + Department, including 5-year workforce forecasting and + a description of the anticipated impact of any proposed + workforce reduction; and + (D) a dataset displaying comprehensive workforce + data for all current and planned employees of the + Department, disaggregated by-- + (i) Foreign Service officer and Foreign + Service specialist rank; + (ii) civil service job skill code, grade + level, and bureau of assignment; + (iii) contracted employees, including the + equivalent job skill code and bureau of + assignment; and + (iv) employees hired under schedule C of + subpart C of part 213 of title 5, Code of + Federal Regulations, including their equivalent + grade and job skill code and bureau of + assignment. + +SEC. 14310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE + DEPARTMENT OF STATE. + + It is the sense of Congress that-- + (1) the Department should continue to promote the + employment of veterans, in accordance with section 301 of the + Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by + section 14407 of this Act, including those veterans belonging + to traditionally underrepresented groups at the Department; + (2) veterans employed by the Department have made + significant contributions to United States foreign policy in a + variety of regional and global affairs bureaus and diplomatic + posts overseas; and + (3) the Department should continue to encourage veteran + employment and facilitate their participation in the workforce. + +SEC. 14311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS. + + (a) Sense of Congress.--It is the sense of Congress that the +Department should expand the appeal process it makes available to +employees related to assignment preclusions and restrictions. + (b) Appeal of Assignment Restriction or Preclusion.--Section +502(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 3982(a)(2)), as +amended by section 14110 of this Act, is further amended by adding at +the end the following new sentences: ``Any employee subjected to an +assignment restriction or preclusion shall have the same appeal rights +as provided by the Department regarding denial or revocation of a +security clearance. Any such appeal shall be resolved not later than 60 +days after such appeal is filed.''. + (c) Notice and Certification.--Not later than 90 days after the +date of the enactment of this Act, the Secretary shall revise, and +certify to the appropriate congressional committees regarding such +revision, the Foreign Affairs Manual guidance regarding denial or +revocation of a security clearance to expressly state that all review +and appeal rights relating thereto shall also apply to any +recommendation or decision to impose an assignment restriction or +preclusion to an employee. + +SEC. 14312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) career Department employees provide invaluable service + to the United States as nonpartisan professionals who + contribute subject matter expertise and professional skills to + the successful development and execution of United States + foreign policy; and + (2) reemployment of skilled former members of the Foreign + and civil service who have voluntarily separated from the + Foreign or civil service due to family reasons or to obtain + professional skills outside government is of benefit to the + Department. + (b) Reemployment.--Subsection (b) of section 308 of the Foreign +Service Act of 1980 (22 U.S.C. 3948) is amended by adding at the end +the following new sentence: ``Former career tenured members of the +Service seeking reappointment, if separated for other than cause for up +to 4 years prior to the date of the enactment of this sentence, shall +be eligible to participate in the regular assignment bidding process +without restriction and shall not be required to accept a directed +first assignment upon reappointment.''. + (c) Notice of Employment Opportunities.-- + (1) In general.--Title 5, United States Code, is amended by + inserting after chapter 102 the following new chapter: + + ``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF + STATE AND USAID POSITIONS + +``Sec. 10301. Notice of employment opportunities for department of + state and usaid positions + ``To ensure that individuals who have separated from the Department +of State or the United States Agency for International Development and +who are eligible for reappointment are aware of such opportunities, the +Department of State and the United States Agency for International +Development shall publicize notice of all employment opportunities, +including positions for which the relevant agency is accepting +applications from individuals within the agency's workforce under merit +promotion procedures, on publicly accessible sites, including +www.usajobs.gov. If using merit promotion procedures, the notice shall +expressly state that former employees eligible for reinstatement may +apply.''. + (2) Clerical amendment.--The table of sections for subpart + I of title 5, United States Code, is amended by adding at the + end the following: + +``10301. Notice of employment opportunities for Department of State and + USAID positions''. + +SEC. 14313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT. + + (a) In General.--Not later than 18 months after the date of the +enactment of this Act, the Secretary shall submit to the appropriate +congressional committees a comprehensive 5-year strategic staffing plan +for the Department that is aligned with and furthers the objectives of +the National Security Strategy of the United States of America issued +in December 2017, or any subsequent strategy issued not later than 18 +months after the date of the enactment of this Act, which shall include +the following: + (1) A dataset displaying comprehensive workforce data, + including all shortages in bureaus described in GAO report GAO- + 19-220, for all current and planned employees of the + Department, disaggregated by-- + (A) Foreign Service officer and Foreign Service + specialist rank; + (B) civil service job skill code, grade level, and + bureau of assignment; + (C) contracted employees, including the equivalent + job skill code and bureau of assignment; and + (D) employees hired under schedule C of subpart C + of part 213 of title 5, Code of Federal Regulations, + including the equivalent grade and job skill code and + bureau of assignment of such employee. + (2) Recommendations on the number of Foreign Service + officers disaggregated by service cone that should be posted at + each United States diplomatic post and in the District of + Columbia, with a detailed basis for such recommendations. + (3) Recommendations on the number of civil service officers + that should be employed by the Department, with a detailed + basis for such recommendations. + (b) Maintenance.--The dataset required under subsection (a)(1) +shall be maintained and updated on a regular basis. + (c) Consultation.--The Secretary shall lead the development of the +plan required under subsection (a) but may consult or partner with +private sector entities with expertise in labor economics, management, +or human resources, as well as organizations familiar with the demands +and needs of the Department's workforce. + (d) Report.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of State shall submit to the +appropriate congressional committees a report regarding root causes of +Foreign Service and civil service shortages, the effect of such +shortages on national security objectives, and the Department's plan to +implement recommendations described in GAO-19-220. + +SEC. 14314. CONSULTING SERVICES. + + (a) In General.--Chapter 103 of title 5, United States Code, as +added by section 14312 of this Act, is amended by adding at the end the +following: +``Sec. 10302. Consulting services for the Department of State + ``Any consulting service obtained by the Department of State +through procurement contract pursuant to section 3109 of title 5, +United States Code, shall be limited to those contracts with respect to +which expenditures are a matter of public record and available for +public inspection, except if otherwise provided under existing law, or +under existing Executive order issued pursuant to existing law.''. + (b) Clerical Amendment.--The table of sections for subpart I of +title 5, United States Code, is amended by adding after the item +relating to section 10302 the following new item: + +``10302. Consulting services for the Department of State''. + +SEC. 14315. INCENTIVES FOR CRITICAL POSTS. + + Section 1115(d) of the Supplemental Appropriations Act, 2009 +(Public Law 111-32) is amended by striking the last sentence. + +SEC. 14316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW + BOARDS. + + Section 301(a)(3) of the Omnibus Diplomatic Security and +Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended-- + (1) in the heading, by striking ``afghanistan and'' and + inserting ``afghanistan, yemen, syria, and''; and + (2) in subparagraph (A)-- + (A) in clause (i), by striking ``Afghanistan or'' + and inserting ``Afghanistan, Yemen, Syria, or''; and + (B) in clause (ii), by striking ``beginning on + October 1, 2005, and ending on September 30, 2009'' and + inserting ``beginning on October 1, 2020, and ending on + September 30, 2022''. + +SEC. 14317. FOREIGN SERVICE SUSPENSION WITHOUT PAY. + + Subsection (c) of section 610 of the Foreign Service Act of 1980 +(22 U.S.C. 4010) is amended-- + (1) in paragraph (1), in the matter preceding subparagraph + (A), by striking ``suspend'' and inserting ``indefinitely + suspend without duties''; + (2) by redesignating paragraph (5) as paragraph (7); + (3) by inserting after paragraph (4) the following new + paragraphs: + ``(5) Any member of the Service suspended from duties under + this subsection may be suspended without pay only after a final + written decision is provided to such member under paragraph + (2). + ``(6) If no final written decision under paragraph (2) has + been provided within 1 calendar year of the date the suspension + at issue was proposed, not later than 30 days thereafter the + Secretary of State shall report to the Committee on Foreign + Affairs of the House of Representatives and the Committee on + Foreign Relations of the Senate in writing regarding the + specific reasons for such delay.''; and + (4) in paragraph (7), as so redesignated-- + (A) by striking ``(7) In this subsection:''; + (B) in subparagraph (A), by striking ``(A) The + term'' and inserting the following: + ``(7) In this subsection, the term''; + (C) by striking subparagraph (B) (relating to the + definition of ``suspend'' and ``suspension''); and + (D) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; and moving + such subparagraphs 2 ems to the left. + +SEC. 14318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK + CHANGES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act and every 180 days thereafter for 5 years, the +Secretary shall submit to the appropriate congressional committees a +report detailing all changes made to the Foreign Affairs Manual or the +Foreign Affairs Handbook. + (b) Covered Periods.--The first report required under subsection +(a) shall cover the 5-year period preceding the submission of such +report. Each subsequent report shall cover the 180-day period preceding +submission. + (c) Contents.--Each report required under subsection (a) shall +contain the following: + (1) The location within the Foreign Affairs Manual or the + Foreign Affairs Handbook where a change has been made. + (2) The statutory basis for each such change. + (3) A side-by-side comparison of the Foreign Affairs Manual + or Foreign Affairs Handbook before and after such change. + (4) A summary of such changes displayed in spreadsheet + form. + +SEC. 14319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS + OF CERTAIN POSITIONS. + + The Secretary of State may waive any or all of the individual +occupational requirements with respect to an employee or prospective +employee of the Department of State for a civilian position categorized +under the GS-0130 occupational series if the Secretary determines that +the individual possesses significant scientific, technological, +engineering, or mathematical expertise that is integral to performing +the duties of the applicable position, based on demonstrated job +performance and qualifying experience. With respect to each waiver +granted under this subsection, the Secretary shall set forth in a +written document that is transmitted to the Director of the Office of +Personnel Management the rationale for the decision of the Secretary to +waive such requirements. + +SEC. 14320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER. + + The Secretary may appoint, for a 3-year period that may be extended +for up to an additional 2 years, solely to carry out the functions of +the Global Engagement Center, employees of the Department without +regard to the provisions of title 5, United States Code, governing +appointment in the competitive service, and may fix the basic +compensation of such employees without regard to chapter 51 and +subchapter III of chapter 53 of such title. + +SEC. 14321. REST AND RECUPERATION AND OVERSEAS OPERATIONS LEAVE FOR + FEDERAL EMPLOYEES. + + (a) In General.--Subchapter II of chapter 63 of title 5, United +States Code, is amended by adding at the end the following new +sections: +``Sec. 6329d. Rest and recuperation leave + ``(a) Definitions.--In this section-- + ``(1) the term `agency' means an Executive agency (as that + term is defined in section 105), but does not include the + Government Accountability Office; + ``(2) the term `combat zone' means a geographic area + designated by an Executive order of the President as an area in + which the Armed Forces are engaging or have engaged in combat, + an area designated by law to be treated as a combat zone, or a + location the Department of Defense has certified for combat + zone tax benefits due to its direct support of military + operations; + ``(3) the term `employee' has the meaning given that term + in section 6301; + ``(4) the term `high risk, high threat post' has the + meaning given that term in section 104 of the Omnibus + Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. + 4803); and + ``(5) the term `leave year' means the period beginning on + the first day of the first complete pay period in a calendar + year and ending on the day immediately before the first day of + the first complete pay period in the following calendar year. + ``(b) Leave for Rest and Recuperation.--The head of an agency may +prescribe regulations to grant up to 20 days of paid leave, per leave +year, for the purposes of rest and recuperation to an employee of the +agency serving in a combat zone, any other high risk, high threat post, +or any other location presenting significant security or operational +challenges. + ``(c) Discretionary Authority of Agency Head.--Use of the authority +under subsection (b) is at the sole and exclusive discretion of the +head of the agency concerned. + ``(d) Records.--An agency shall record leave provided under this +section separately from leave authorized under any other provision of +law. +``Sec. 6329e. Overseas operations leave + ``(a) Definitions.--In this section-- + ``(1) the term `agency' means an Executive agency (as that + term is defined in section 105), but does not include the + Government Accountability Office; + ``(2) the term `employee' has the meaning given that term + in section 6301; and + ``(3) the term `leave year' means the period beginning with + the first day of the first complete pay period in a calendar + year and ending with the day immediately before the first day + of the first complete pay period in the following calendar + year. + ``(b) Leave for Overseas Operations.--The head of an agency may +prescribe regulations to grant up to 10 days of paid leave, per leave +year, to an employee of the agency serving abroad where the conduct of +business could pose potential security or safety related risks or would +be inconsistent with host-country practice. Such regulations may +provide that additional leave days may be granted during such leave +year if the head of the agency determines that to do so is necessary to +advance the national security or foreign policy interests of the United +States. + ``(c) Discretionary Authority of Agency Head.--Use of the authority +under subsection (b) is at the sole and exclusive discretion of the +head of the agency concerned. + ``(d) Records.--An agency shall record leave provided under this +section separately from leave authorized under any other provision of +law.''. + (b) Clerical Amendments.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +6329c the following new items: + +``6329d. Rest and recuperation leave +``6329e. Overseas operations leave''. + + TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION + +SEC. 14401. DEFINITIONS. + + In this title: + (1) Applicant flow data.--The term ``applicant flow data'' + means data that tracks the rate of applications for job + positions among demographic categories. + (2) Demographic data.--The term ``demographic data'' means + facts or statistics relating to the demographic categories + specified in the Office of Management and Budget statistical + policy directive entitled ``Standards for Maintaining, + Collecting, and Presenting Federal Data on Race and Ethnicity'' + (81 Fed. Reg. 67398). + (3) Diversity.--The term ``diversity'' means those classes + of persons protected under the Civil Rights Act of 1964 (42 + U.S.C. 2000a et seq.) and the Americans with Disabilities Act + of 1990 (42 U.S.C. 12101 et seq.). + (4) Workforce.--The term ``workforce'' means-- + (A) individuals serving in a position in the civil + service (as defined in section 2101 of title 5, United + States Code); + (B) individuals who are members of the Foreign + Service (as defined in section 103 of the Foreign + Service Act of 1980 (22 U.S.C. 3902)); + (C) all individuals serving under a personal + services agreement or personal services contract; + (D) all individuals serving under a Foreign Service + Limited appointment under section 309 of the Foreign + Service Act of 1980; or + (E) individuals working in the Department of State + under any other authority. + +SEC. 14402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA. + + (a) Initial Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall, in consultation with the +Director of the Office of Personnel Management and the Director of the +Office of Management and Budget, submit to the appropriate +congressional committees a report, which shall also be posted on a +publicly available website of the Department in a searchable database +format, that includes disaggregated demographic data and other +information regarding the diversity of the workforce of the Department. + (b) Data.--The report under subsection (a) shall include the +following data: + (1) Demographic data on each element of the workforce of + the Department, disaggregated by rank and grade or grade- + equivalent, with respect to the following groups: + (A) Applicants for positions in the Department. + (B) Individuals hired to join the workforce. + (C) Individuals promoted during the 2-year period + ending on the date of the enactment of this Act, + including promotions to and within the Senior Executive + Service or the Senior Foreign Service. + (D) Individuals serving on applicable selection + boards. + (E) Members of any external advisory committee or + board who are subject to appointment by individuals at + senior positions in the Department. + (F) Individuals participating in professional + development programs of the Department, and the extent + to which such participants have been placed into senior + positions within the Department after such + participation. + (G) Individuals participating in mentorship or + retention programs. + (H) Individuals who separated from the agency + during the 2-year period ending on the date of the + enactment of this Act, including individuals in the + Senior Executive Service or the Senior Foreign Service. + (2) An assessment of agency compliance with the essential + elements identified in Equal Employment Opportunity Commission + Management Directive 715, effective October 1, 2003. + (3) Data on the overall number of individuals who are part + of the workforce, the percentages of such workforce + corresponding to each element listed in section 14401(4), and + the percentages corresponding to each rank, grade, or grade- + equivalent. + (c) Recommendation.--The Secretary may include in the report under +subsection (a) a recommendation to the Director of Office of Management +and Budget and to the appropriate congressional committees regarding +whether the Department should collect more detailed data on demographic +categories in addition to the race and ethnicity categories specified +in the Office of Management and Budget statistical policy directive +entitled ``Standards for Maintaining, Collecting, and Presenting +Federal Data on Race and Ethnicity'' (81 Fed. Reg. 67398). + (d) Other Contents.--The report under subsection (a) shall also +describe and assess the effectiveness of the efforts of the +Department-- + (1) to propagate fairness, impartiality, and inclusion in + the work environment, both domestically and abroad; + (2) to enforce anti-harassment and anti-discrimination + policies, both domestically and at posts overseas; + (3) to refrain from engaging in unlawful discrimination in + any phase of the employment process, including recruitment, + hiring, evaluation, assignments, promotion, retention, and + training; + (4) to prevent illegal retaliation against employees for + participating in a protected equal employment opportunity + activity or for reporting sexual harassment or sexual assault; + (5) to provide reasonable accommodation for qualified + employees and applicants with disabilities; and + (6) to recruit a representative workforce by-- + (A) recruiting women and minorities; + (B) recruiting at women's colleges, historically + Black colleges and universities, minority-serving + institutions, and other institutions serving a + significant percentage of minority students; + (C) placing job advertisements in newspapers, + magazines, and job sites oriented toward women and + minorities; + (D) sponsoring and recruiting at job fairs in urban + and rural communities and land-grant colleges or + universities; + (E) providing opportunities through the Foreign + Service Internship Program under chapter 12 of the + Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.) + and other hiring initiatives; + (F) recruiting mid-level and senior-level + professionals through programs designed to increase + minority representation in international affairs; + (G) offering the Foreign Service written and oral + assessment examinations in several locations throughout + the United States to reduce the burden of applicants + having to travel at their own expense to take either or + both such examinations; + (H) expanding the use of paid internships; and + (I) supporting recruiting and hiring opportunities + through-- + (i) the Charles B. Rangel International + Affairs Fellowship Program; + (ii) the Thomas R. Pickering Foreign + Affairs Fellowship Program; + (iii) the Donald M. Payne International + Development Fellowship Program; and + (iv) other initiatives, including agency- + wide policy initiatives. + (e) Annual Updates.--Not later than 1 year after the publication of +the report required under subsection (a) and annually thereafter for +the following 5 years, the Secretary shall work with the Director of +the Office of Personnel Management and the Director of the Office of +Management and Budget to provide a report to the appropriate +congressional committees, which shall be posted on the Department's +website, which may be included in another annual report required under +another provision of law, that includes-- + (1) disaggregated demographic data relating to the + workforce and information on the status of diversity and + inclusion efforts of the Department; + (2) an analysis of applicant flow data; and + (3) disaggregated demographic data relating to participants + in professional development programs of the Department and the + rate of placement into senior positions for participants in + such programs. + +SEC. 14403. EXIT INTERVIEWS FOR WORKFORCE. + + (a) Retained Members.--The Director General of the Foreign Service +and the Director of Human Resources of the Department shall conduct +periodic interviews with a representative and diverse cross-section of +the workforce of the Department-- + (1) to understand the reasons of individuals in such + workforce for remaining in a position in the Department; and + (2) to receive feedback on workplace policies, professional + development opportunities, and other issues affecting the + decision of individuals in the workforce to remain in the + Department. + (b) Departing Members.--The Director General of the Foreign Service +and the Director of Human Resources shall provide an opportunity for an +exit interview to each individual in the workforce of the Department +who separates from service with the Department to better understand the +reasons of such individual for leaving such service. + (c) Use of Analysis From Interviews.--The Director General of the +Foreign Service and the Director of Human Resources shall analyze +demographic data and other information obtained through interviews +under subsections (a) and (b) to determine-- + (1) to what extent, if any, the diversity of those + participating in such interviews impacts the results; and + (2) whether to implement any policy changes or include any + recommendations in a report required under subsection (a) or + (e) of section 14402 relating to the determination reached + pursuant to paragraph (1). + (d) Tracking Data.--The Department shall-- + (1) track demographic data relating to participants in + professional development programs and the rate of placement + into senior positions for participants in such programs; + (2) annually evaluate such data-- + (A) to identify ways to improve outreach and + recruitment for such programs, consistent with merit + system principles; and + (B) to understand the extent to which participation + in any professional development program offered or + sponsored by the Department differs among the + demographic categories of the workforce; and + (3) actively encourage participation from a range of + demographic categories, especially from categories with + consistently low participation, in such professional + development programs. + +SEC. 14404. RECRUITMENT AND RETENTION. + + (a) In General.--The Secretary shall-- + (1) continue to seek a diverse and talented pool of + applicants; and + (2) instruct the Director General of the Foreign Service + and the Director of the Bureau of Human Resources of the + Department to have a recruitment plan of action for the + recruitment of people belonging to traditionally under- + represented groups, which should include outreach at + appropriate colleges, universities, affinity groups, and + professional associations. + (b) Scope.--The diversity recruitment initiatives described in +subsection (a) shall include-- + (1) recruiting at women's colleges, historically Black + colleges and universities, minority-serving institutions, and + other institutions serving a significant percentage of minority + students; + (2) placing job advertisements in newspapers, magazines, + and job sites oriented toward diverse groups; + (3) sponsoring and recruiting at job fairs in urban and + rural communities and land-grant colleges or universities; + (4) providing opportunities through highly respected, + international leadership programs, that focus on diversity + recruitment and retention; + (5) expanding the use of paid internships; and + (6) cultivating partnerships with organizations dedicated + to the advancement of the profession of international affairs + and national security to advance shared diversity goals. + (c) Expand Training on Anti-Harassment and Anti-Discrimination.-- + (1) In general.--The Secretary shall, through the Foreign + Service Institute and other educational and training + opportunities-- + (A) ensure the provision to all individuals in the + workforce of training on anti-harassment and anti- + discrimination information and policies, including in + existing Foreign Service Institute courses or modules + prioritized in the Department's Diversity and Inclusion + Strategic Plan for 2016-2020 to promote diversity in + Bureau awards or mitigate unconscious bias; + (B) expand the provision of training on workplace + rights and responsibilities to focus on anti-harassment + and anti-discrimination information and policies, + including policies relating to sexual assault + prevention and response; and + (C) make such expanded training mandatory for-- + (i) individuals in senior and supervisory + positions; + (ii) individuals having responsibilities + related to recruitment, retention, or promotion + of employees; and + (iii) any other individual determined by + the Department who needs such training based on + analysis by the Department or OPM analysis. + (2) Best practices.--The Department shall give special + attention to ensuring the continuous incorporation of research- + based best practices in training provided under this + subsection. + +SEC. 14405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. + + (a) Reward and Recognize Efforts To Promote Diversity and +Inclusion.-- + (1) In general.--The Secretary shall implement performance + and advancement requirements that reward and recognize the + efforts of individuals in senior positions and supervisors in + the Department in fostering an inclusive environment and + cultivating talent consistent with merit system principles, + such as through participation in mentoring programs or + sponsorship initiatives, recruitment events, and other similar + opportunities. + (2) Outreach events.--The Secretary shall create + opportunities for individuals in senior positions and + supervisors in the Department to participate in outreach events + and to discuss issues relating to diversity and inclusion with + the workforce on a regular basis, including with employee + resource groups. + (b) External Advisory Committees and Boards.--For each external +advisory committee or board to which individuals in senior positions in +the Department appoint members, the Secretary is strongly encouraged by +Congress to ensure such external advisory committee or board is +developed, reviewed, and carried out by qualified teams that represent +the diversity of the organization. + +SEC. 14406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS. + + (a) Expand Provision of Professional Development and Career +Advancement Opportunities.-- + (1) In general.--The Secretary is authorized to expand + professional development opportunities that support the mission + needs of the Department, such as-- + (A) academic programs; + (B) private-public exchanges; and + (C) detail assignments to relevant positions in-- + (i) private or international organizations; + (ii) State, local, and Tribal governments; + (iii) other branches of the Federal + Government; or + (iv) professional schools of international + affairs. + (2) Training for senior positions.-- + (A) In general.--The Secretary shall offer, or + sponsor members of the workforce to participate in, a + Senior Executive Service candidate development program + or other program that trains members on the skills + required for appointment to senior positions in the + Department. + (B) Requirements.--In determining which members of + the workforce are granted professional development or + career advancement opportunities under subparagraph + (A), the Secretary shall-- + (i) ensure any program offered or sponsored + by the Department under such subparagraph + comports with the requirements of subpart C of + part 412 of title 5, Code of Federal + Regulations, or any successor thereto, + including merit staffing and assessment + requirements; + (ii) consider the number of expected + vacancies in senior positions as a factor in + determining the number of candidates to select + for such programs; + (iii) understand how participation in any + program offered or sponsored by the Department + under such subparagraph differs by gender, + race, national origin, disability status, or + other demographic categories; and + (iv) actively encourage participation from + a range of demographic categories, especially + from categories with consistently low + participation. + +SEC. 14407. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE. + + (a) Sense of Congress.--It is the sense of Congress that the +Department should offer both the Foreign Service written examination +and oral assessment in more locations throughout the United States. +Doing so would ease the financial burden on potential candidates who do +not currently reside in and must travel at their own expense to one of +the few locations where these assessments are offered. + (b) Foreign Service Examinations.--Section 301(b) of the Foreign +Service Act of 1980 (22 U.S.C. 3941) is amended-- + (1) by striking ``The Secretary'' and inserting: ``(1) The + Secretary''; and + (2) by adding at the end the following new paragraph: + ``(2) The Secretary shall ensure that the Board of Examiners for +the Foreign Service annually offers the oral assessment examinations +described in paragraph (1) in cities, chosen on a rotating basis, +located in at least three different time zones across the United +States.''. + +SEC. 14408. PAYNE FELLOWSHIP AUTHORIZATION. + + (a) In General.--Undergraduate and graduate components of the +Donald M. Payne International Development Fellowship Program may +conduct outreach to attract outstanding students with an interest in +pursuing a Foreign Service career who represent diverse ethnic and +socioeconomic backgrounds. + (b) Review of Past Programs.--The Secretary shall review past +programs designed to increase minority representation in international +affairs positions. + +SEC. 14409. VOLUNTARY PARTICIPATION. + + (a) In General.--Nothing in this title should be construed so as to +compel any employee to participate in the collection of the data or +divulge any personal information. Department employees shall be +informed that their participation in the data collection contemplated +by this title is voluntary. + (b) Privacy Protection.--Any data collected under this title shall +be subject to the relevant privacy protection statutes and regulations +applicable to Federal employees. + + TITLE V--INFORMATION SECURITY + +SEC. 14501. DEFINITIONS. + + In this title: + (1) Information system.--The term ``information system'' + has the meaning given such term in section 3502 of title 44, + United States Code. + (2) Intelligence community.--The term ``intelligence + community'' has the meaning given such term in section 3(4) of + the National Security Act of 1947 (50 U.S.C. 3003(4)). + (3) Relevant congressional committees.--The term ``relevant + congressional committees'' means-- + (A) the appropriate congressional committees; + (B) the Select Committee on Intelligence of the + Senate; and + (C) the Permanent Select Committee on Intelligence + of the House of Representatives. + +SEC. 14502. INFORMATION SYSTEM SECURITY. + + (a) Definitions.--In this section: + (1) Incident.--The term ``incident'' has the meaning given + such term in section 3552(b) of title 44, United States Code. + (2) Penetration test.--The term ``penetration test'' means + a test methodology in which assessors attempt to circumvent or + defeat the security features of an information system. + (b) Consultations Process.--Not later than 60 days after the date +of the enactment of this Act, the Secretary shall establish a process +for conducting semiannual consultations with the Secretary of Defense, +the Director of National Intelligence, the Secretary of Homeland +Security, and any other department or agency representative who the +Secretary determines to be appropriate regarding the security of United +States Government and nongovernmental information systems used or +operated by the Department, a contractor of the Department, or another +organization on behalf of the Department, including any such systems or +networks facilitating the use of sensitive or classified information. + (c) Independent Penetration Testing of Information Systems.--In +coordination with the consultations under subsection (b), the Secretary +shall commission independent, semiannual penetration tests, which shall +be carried out by an appropriate Federal department or agency other +than the Department, such as the Department of Homeland Security or the +National Security Agency, to ensure that adequate policies and +protections are implemented to detect and prevent penetrations or +compromises of such information systems, including malicious intrusions +by any unauthorized individual, state actor, or other entity. + (d) Waiver.--The Secretary may waive the requirement under +subsection (c) for up to 1 year if the Secretary-- + (1) determines that such requirement would have adverse + effects on national security or the diplomatic mission of the + Department; and + (2) not later than 30 days after the commencement of such a + determination, submits to the relevant congressional committees + a written justification that describes how such penetration + tests would undermine national security or the diplomatic + mission of the Department. + (e) Incident Reporting.--Not later than 180 days after the date of +the enactment of this Act and annually thereafter for 3 years, the +Secretary, in consultation with the Secretary of Defense, the Director +of the National Intelligence, the Secretary of Homeland Security, and +any other department or agency representative who the Secretary +determines to be appropriate, shall securely submit to the relevant +congressional committees a classified report that describes in detail +the following: + (1) For the first reporting period, all known and suspected + incidents affecting the information systems specified in + subsection (b) that occurred during the 180-day period + immediately preceding the date of the enactment of this Act. + (2) For all subsequent reporting periods, all known and + suspected incidents affecting the information systems specified + in subsection (b) that occurred since the submission of the + most recent report. + (f) Contents.--Each report under subsection (e) shall include, for +the relevant reporting period, a summary overview addressing the +following: + (1) A description of the relevant information system, as + specified in subsection (b), that experienced a known or + suspected incident. + (2) An assessment of the date and time each such incident + occurred or was suspected to have occurred. + (3) An assessment of the duration over which each such + incident took place or is suspected of having taken place, + including whether such incident is ongoing. + (4) An assessment of the volume and sensitivity of + information accessed, compromised, or potentially compromised + by each incident, including any such information contained on + information systems owned, operated, managed, or utilized by + any other Federal department or agency. + (5) An assessment of whether such information system was + compromised by such incident, including an assessment of the + following: + (A) The known or suspected perpetrators, including + state actors. + (B) The methods used to carry out the incident. + (C) The known or suspected intent of the actors in + accessing the information system. + (6) A description of the actions the Department has taken + or plans to take, including timelines and descriptions of any + progress on plans described in prior reports, to prevent + future, similar incidents affecting such information systems. + +SEC. 14503. PROHIBITION ON CONTRACTING WITH CERTAIN TELECOMMUNICATIONS + PROVIDERS. + + (a) List of Covered Contractors.--Not later than 30 days after the +date of the enactment of this Act, the Secretary, in consultation with +the Director of National Intelligence, shall develop or maintain, as +the case may be, and update as frequently as the Secretary determines +appropriate, a list of covered contractors with respect to which the +prohibition specified in subsection (b) shall apply. Not later than 30 +days after the initial development of the list under this subsection, +any update thereto, and annually thereafter for 5 years after such +initial 30 day period, the Secretary shall submit to the appropriate +congressional committees a copy of such list. + (b) Prohibition on Contracts.--The Secretary may not enter into a +contract with a covered contractor on the list described in subsection +(a). + (c) Removal From List.--To be removed from the list described in +subsection (a), a covered contractor may submit a request to the +Secretary in such manner as the Secretary determines appropriate. The +Secretary, in consultation with the Director of National Intelligence, +shall determine a process for removing covered contractors from the +list, as appropriate, and publicly disclose such process. + (d) Waivers.-- + (1) In general.--The President or the Secretary may waive + the prohibition specified in subsection (b) if the President or + the Secretary determines that such waiver is justified for + national security reasons. + (2) Waiver for overseas operations.--The Secretary may + waive the prohibition specified in subsection (b) for United + States diplomatic posts or diplomatic personnel overseas if the + Secretary, in consultation with the Director of National + Intelligence, determines that no suitable alternatives are + available. + (e) Covered Contractor Defined.--In this section, the term +``covered contractor'' means a provider of telecommunications, +telecommunications equipment, or information technology equipment, +including hardware, software, or services, that has knowingly assisted +or facilitated a cyber attack or conducted surveillance, including +passive or active monitoring, carried out against-- + (1) the United States by, or on behalf of, any government, + or persons associated with such government, listed as a cyber + threat actor in the intelligence community's 2017 assessment of + worldwide threats to United States national security or any + subsequent worldwide threat assessment of the intelligence + community; or + (2) individuals, including activists, journalists, + opposition politicians, or other individuals for the purposes + of suppressing dissent or intimidating critics, on behalf of a + country included in the annual country reports on human rights + practices of the Department for systematic acts of political + repression, including arbitrary arrest or detention, torture, + extrajudicial or politically motivated killing, or other gross + violations of human rights. + (f) Effective Date.--This section shall apply with respect to +contracts of a covered contractor entered into on or after the date of +the enactment of this Act. + +SEC. 14504. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS CONDUCTED + RELATED TO OFFICIAL DUTIES OF POSITIONS IN THE PUBLIC + TRUST OF THE AMERICAN PEOPLE. + + (a) Sense of Congress.--It is the sense of Congress that, as a +matter of rule of law and transparency in a democratic government, all +officers and employees of the Department and the United States Agency +for International Development must preserve all records of +communications conducted in their official capacities or related to +their official duties with entities outside of the United States +Government. It is further the sense of Congress that such practice +should include foreign government officials or other foreign entities +which may seek to influence United States Government policies and +actions. + (b) Publication.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall publish in the Foreign +Affairs Manual guidance implementing chapter 31 of title 44, United +States Code (commonly referred to as the ``Federal Records Act''), to +treat electronic messaging systems, software, and applications as +equivalent to electronic mail for the purpose of identifying Federal +records, and shall also publish in the Foreign Affairs Manual the +statutory penalties for failure to comply with such guidance. No funds +are authorized to be appropriated or made available to the Department +of State under any Act to support the use or establishment of accounts +on third-party messaging applications or other non-Government online +communication tools if the Secretary does not certify to the relevant +congressional committees that the Secretary has carried out this +section. + +SEC. 14505. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND + DECLASSIFICATION. + + The State Department Basic Authorities Act of 1956 is amended-- + (1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by + striking ``26'' and inserting ``20''; and + (2) in section 404 (22 U.S.C. 4354)-- + (A) in subsection (a)(1), by striking ``30''and + inserting ``25''; and + (B) in subsection (c)(1)(C), by striking ``30'' and + inserting ``25''. + +SEC. 14506. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PILOT + PROGRAM. + + (a) Definitions.--In this section: + (1) Bug bounty program.--The term ``bug bounty program'' + means a program under which an approved individual, + organization, or company is temporarily authorized to identify + and report vulnerabilities of internet-facing information + technology of the Department in exchange for compensation. + (2) Department.--The term ``Department'' means the + Department of State. + (3) Information technology.--The term ``information + technology'' has the meaning given such term in section 11101 + of title 40, United States Code. + (4) Secretary.--The term ``Secretary'' means the Secretary + of State. + (b) Department of State Vulnerability Disclosure Process.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary shall design, + establish, and make publicly known a Vulnerability Disclosure + Process (VDP) to improve Department cybersecurity by-- + (A) providing security researchers with clear + guidelines for-- + (i) conducting vulnerability discovery + activities directed at Department information + technology; and + (ii) submitting discovered security + vulnerabilities to the Department; and + (B) creating Department procedures and + infrastructure to receive and fix discovered + vulnerabilities. + (2) Requirements.--In establishing the VDP pursuant to + paragraph (1), the Secretary shall-- + (A) identify which Department information + technology should be included in the process; + (B) determine whether the process should + differentiate among and specify the types of security + vulnerabilities that may be targeted; + (C) provide a readily available means of reporting + discovered security vulnerabilities and the form in + which such vulnerabilities should be reported; + (D) identify which Department offices and positions + will be responsible for receiving, prioritizing, and + addressing security vulnerability disclosure reports; + (E) consult with the Attorney General regarding how + to ensure that individuals, organizations, and + companies that comply with the requirements of the + process are protected from prosecution under section + 1030 of title 18, United States Code, and similar + provisions of law for specific activities authorized + under the process; + (F) consult with the relevant offices at the + Department of Defense that were responsible for + launching the 2016 Vulnerability Disclosure Program, + ``Hack the Pentagon'', and subsequent Department of + Defense bug bounty programs; + (G) engage qualified interested persons, including + nongovernmental sector representatives, about the + structure of the process as constructive and to the + extent practicable; and + (H) award contracts to entities, as necessary, to + manage the process and implement the remediation of + discovered security vulnerabilities. + (3) Annual reports.--Not later than 180 days after the + establishment of the VDP under paragraph (1) and annually + thereafter for the next 5 years, the Secretary of State shall + submit to the Committee on Foreign Affairs of the House of + Representatives and the Committee on Foreign Relations of the + Senate a report on the VDP, including information relating to + the following: + (A) The number and severity, in accordance with the + National Vulnerabilities Database of the National + Institute of Standards and Technology, of security + vulnerabilities reported. + (B) The number of previously unidentified security + vulnerabilities remediated as a result. + (C) The current number of outstanding previously + unidentified security vulnerabilities and Department of + State remediation plans. + (D) The average length of time between the + reporting of security vulnerabilities and remediation + of such vulnerabilities. + (E) The resources, surge staffing, roles, and + responsibilities within the Department used to + implement the VDP and complete security vulnerability + remediation. + (F) Any other information the Secretary determines + relevant. + (c) Department of State Bug Bounty Pilot Program.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Secretary shall establish a bug + bounty pilot program to minimize security vulnerabilities of + internet-facing information technology of the Department. + (2) Requirements.--In establishing the pilot program + described in paragraph (1), the Secretary shall-- + (A) provide compensation for reports of previously + unidentified security vulnerabilities within the + websites, applications, and other internet-facing + information technology of the Department that are + accessible to the public; + (B) award contracts to entities, as necessary, to + manage such pilot program and for executing the + remediation of security vulnerabilities identified + pursuant to subparagraph (A); + (C) identify which Department information + technology should be included in such pilot program; + (D) consult with the Attorney General on how to + ensure that individuals, organizations, or companies + that comply with the requirements of such pilot program + are protected from prosecution under section 1030 of + title 18, United States Code, and similar provisions of + law for specific activities authorized under such pilot + program; + (E) consult with the relevant offices at the + Department of Defense that were responsible for + launching the 2016 ``Hack the Pentagon'' pilot program + and subsequent Department of Defense bug bounty + programs; + (F) develop a process by which an approved + individual, organization, or company can register with + the entity referred to in subparagraph (B), submit to a + background check as determined by the Department, and + receive a determination as to eligibility for + participation in such pilot program; + (G) engage qualified interested persons, including + nongovernmental sector representatives, about the + structure of such pilot program as constructive and to + the extent practicable; and + (H) consult with relevant United States Government + officials to ensure that such pilot program complements + persistent network and vulnerability scans of the + Department of State's internet-accessible systems, such + as the scans conducted pursuant to Binding Operational + Directive BOD-15-01. + (3) Duration.--The pilot program established under + paragraph (1) should be short-term in duration and not last + longer than 1 year. + (4) Report.--Not later than 180 days after the date on + which the bug bounty pilot program under subsection (a) is + completed, the Secretary shall submit to the Committee on + Foreign Relations of the Senate and the Committee on Foreign + Affairs of the House of Representatives a report on such pilot + program, including information relating to-- + (A) the number of approved individuals, + organizations, or companies involved in such pilot + program, broken down by the number of approved + individuals, organizations, or companies that-- + (i) registered; + (ii) were approved; + (iii) submitted security vulnerabilities; + and + (iv) received compensation; + (B) the number and severity, in accordance with the + National Vulnerabilities Database of the National + Institute of Standards and Technology, of security + vulnerabilities reported as part of such pilot program; + (C) the number of previously unidentified security + vulnerabilities remediated as a result of such pilot + program; + (D) the current number of outstanding previously + unidentified security vulnerabilities and Department + remediation plans; + (E) the average length of time between the + reporting of security vulnerabilities and remediation + of such vulnerabilities; + (F) the types of compensation provided under such + pilot program; and + (G) the lessons learned from such pilot program. + + TITLE VI--PUBLIC DIPLOMACY + +SEC. 14601. SHORT TITLE. + + This title may be cited as the ``Public Diplomacy Modernization Act +of 2020''. + +SEC. 14602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS. + + The Secretary shall-- + (1) identify opportunities for greater efficiency of + operations, including through improved coordination of efforts + across public diplomacy bureaus and offices of the Department; + and + (2) maximize shared use of resources between, and within, + such public diplomacy bureaus and offices in cases in which + programs, facilities, or administrative functions are + duplicative or substantially overlapping. + +SEC. 14603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY. + + (a) Research and Evaluation Activities.--The Secretary, acting +through the Director of Research and Evaluation appointed pursuant to +subsection (b), shall-- + (1) conduct regular research and evaluation of public + diplomacy programs and activities of the Department, including + through the routine use of audience research, digital + analytics, and impact evaluations, to plan and execute such + programs and activities; and + (2) make available to Congress the findings of the research + and evaluations conducted under paragraph (1). + (b) Director of Research and Evaluation.-- + (1) Appointment.--Not later than 90 days after the date of + the enactment of this Act, the Secretary shall appoint a + Director of Research and Evaluation (referred to in this + subsection as the ``Director'') in the Office of Policy, + Planning, and Resources for Public Diplomacy and Public Affairs + of the Department. + (2) Limitation on appointment.--The appointment of the + Director pursuant to paragraph (1) shall not result in an + increase in the overall full-time equivalent positions within + the Department. + (3) Responsibilities.--The Director shall-- + (A) coordinate and oversee the research and + evaluation of public diplomacy programs and activities + of the Department in order to-- + (i) improve public diplomacy strategies and + tactics; and + (ii) ensure that such programs and + activities are increasing the knowledge, + understanding, and trust of the United States + by relevant target audiences; + (B) routinely organize and oversee audience + research, digital analytics, and impact evaluations + across all public diplomacy bureaus and offices of the + Department; + (C) support United States diplomatic posts' public + affairs sections; + (D) share appropriate public diplomacy research and + evaluation information within the Department and with + other appropriate Federal departments and agencies; + (E) regularly design and coordinate standardized + research questions, methodologies, and procedures to + ensure that public diplomacy programs and activities + across all public diplomacy bureaus and offices are + designed to meet appropriate foreign policy objectives; + and + (F) report biannually to the United States Advisory + Commission on Public Diplomacy, through the + Subcommittee on Research and Evaluation established + pursuant to subsection (f), regarding the research and + evaluation of all public diplomacy bureaus and offices. + (4) Guidance and training.--Not later than 1 year after the + appointment of the Director pursuant to paragraph (1), the + Director shall develop guidance and training, including + curriculum for use by the Foreign Service Institute, for all + public diplomacy officers of the Department regarding the + reading and interpretation of public diplomacy program and + activity evaluation findings to ensure that such findings and + related lessons learned are implemented in the planning and + evaluation of all public diplomacy programs and activities of + the Department. + (c) Prioritizing Research and Evaluation.-- + (1) In general.--The head of the Office of Policy, + Planning, and Resources for Public Diplomacy and Public Affairs + of the Department shall ensure that research and evaluation of + public diplomacy and activities of the Department, as + coordinated and overseen by the Director pursuant to subsection + (b), supports strategic planning and resource allocation across + all public diplomacy bureaus and offices of the Department. + (2) Allocation of resources.--Amounts allocated for the + purpose of research and evaluation of public diplomacy programs + and activities of the Department pursuant to subsection (b) + shall be made available to be disbursed at the direction of the + Director of Research and Evaluation among the research and + evaluation staff across all public diplomacy bureaus and + offices of the Department. + (3) Sense of congress.--It is the sense of Congress that + the Department should gradually increase its allocation of + funds made available under the headings ``Educational and + Cultural Exchange Programs'' and ``Diplomatic Programs'' for + research and evaluation of public diplomacy programs and + activities of the Department pursuant to subsection (b) to a + percentage of program funds that is commensurate with Federal + Government best practices. + (d) Limited Exemption Relating to the Privacy Act.-- + (1) In general.--The Department shall maintain, collect, + use, and disseminate records (as such term is defined in + section 552a(a)(4) of title 5, United States Code) for audience + research, digital analytics, and impact evaluation of + communications related to public diplomacy efforts intended for + foreign audiences. + (2) Conditions.--Audience research, digital analytics, and + impact evaluations under paragraph (1) shall be-- + (A) reasonably tailored to meet the purposes of + this subsection; and + (B) carried out with due regard for privacy and + civil liberties guidance and oversight. + (e) United States Advisory Commission on Public Diplomacy.-- + (1) Subcommittee for research and evaluation.--The United + States Advisory Commission on Public Diplomacy shall establish + a Subcommittee on Research and Evaluation to monitor and advise + regarding audience research, digital analytics, and impact + evaluations carried out by the Department and the United States + Agency for Global Media. + (2) Annual report.--The Subcommittee on Research and + Evaluation established pursuant to paragraph (1) shall submit + to the appropriate congressional committees an annual report, + in conjunction with the United States Advisory Commission on + Public Diplomacy's Comprehensive Annual Report on the + performance of the Department and the United States Agency for + Global Media, describing all actions taken by the Subcommittee + pursuant to paragraph (1) and any findings made as a result of + such actions. + +SEC. 14604. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY + COMMISSION ON PUBLIC DIPLOMACY. + + Section 1334 of the Foreign Affairs Reform and Restructuring Act of +1998 (22 U.S.C. 6553) is amended-- + (1) in the section heading, by striking ``sunset'' and + inserting ``continuation''; and + (2) by striking ``until October 1, 2020''. + +SEC. 14605. STREAMLINING OF SUPPORT FUNCTIONS. + + (a) Working Group Established.--Not later than 60 days after the +date of the enactment of this Act, the Secretary shall establish a +working group to explore the possibilities and cost-benefit analysis of +transitioning to a shared services model as such pertains to human +resources, travel, purchasing, budgetary planning, and all other +executive support functions for all bureaus of the Department that +report to the Under Secretary for Public Diplomacy of the Department. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall submit to the appropriate +congressional committees a plan to implement any such findings of the +working group established under subsection (a). + +SEC. 14606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State shall adopt, and include +in the Foreign Affairs Manual, guidelines to collect and utilize +information from each diplomatic post at which the construction of a +new embassy compound or new consulate compound would result in the +closure or co-location of an American Space, American Center, American +Corner, or any other public diplomacy facility under the Secure Embassy +Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.). + (b) Requirements.--The guidelines required by subsection (a) shall +include the following: + (1) Standardized notification to each chief of mission at a + diplomatic post describing the requirements of the Secure + Embassy Construction and Counterterrorism Act of 1999 and the + impact on the mission footprint of such requirements. + (2) An assessment and recommendations from each chief of + mission of potential impacts to public diplomacy programming at + such diplomatic post if any public diplomacy facility referred + to in subsection (a) is closed or staff is co-located in + accordance with such Act. + (3) A process by which assessments and recommendations + under paragraph (2) are considered by the Secretary and the + appropriate Under Secretaries and Assistant Secretaries of the + Department. + (4) Notification to the appropriate congressional + committees, prior to the initiation of a new embassy compound + or new consulate compound design, of the intent to close any + such public diplomacy facility or co-locate public diplomacy + staff in accordance with such Act. + (c) Report.--Not later than 1 year after the date of the enactment +of this Act, the Secretary shall submit to the appropriate +congressional committees a report containing the guidelines required +under subsection (a) and any recommendations for any modifications to +such guidelines. + +SEC. 14607. DEFINITIONS. + + In this title: + (1) Audience research.--The term ``audience research'' + means research conducted at the outset of a public diplomacy + program or the outset of campaign planning and design regarding + specific audience segments to understand the attitudes, + interests, knowledge, and behaviors of such audience segments. + (2) Digital analytics.--The term ``digital analytics'' + means the analysis of qualitative and quantitative data, + accumulated in digital format, to indicate the outputs and + outcomes of a public diplomacy program or campaign. + (3) Impact evaluation.--The term ``impact evaluation'' + means an assessment of the changes in the audience targeted by + a public diplomacy program or campaign that can be attributed + to such program or campaign. + (4) Public diplomacy bureaus and offices.--The term + ``public diplomacy bureaus and offices'' means, with respect to + the Department, the following: + (A) The Bureau of Educational and Cultural Affairs. + (B) The Bureau of Global Public Affairs. + (C) The Office of Policy, Planning, and Resources + for Public Diplomacy and Public Affairs. + (D) The Global Engagement Center. + (E) The public diplomacy functions within the + regional and functional bureaus. + + TITLE VII--COMBATING PUBLIC CORRUPTION + +SEC. 14701. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) it is in the foreign policy interest of the United + States to help foreign countries promote good governance and + combat public corruption; + (2) multiple Federal departments and agencies operate + programs that promote good governance in foreign countries and + enhance such countries' ability to combat public corruption; + (3) the Department should promote coordination among the + Federal departments and agencies implementing programs to + promote good governance and combat public corruption in foreign + countries in order to improve effectiveness and efficiency; and + (4) the Department should identify areas in which United + States efforts to help other countries promote good governance + and combat public corruption could be enhanced. + +SEC. 14702. ANNUAL ASSESSMENT. + + (a) In General.--For each of fiscal years 2021 through 2027, the +Secretary shall assess the capacity and commitment of foreign countries +to combat public corruption. Each such assessment shall-- + (1) utilize independent, third party indicators that + measure transparency, accountability, and corruption in the + public sector in such countries, including the extent to which + public power is exercised for private gain, to identify those + countries that are most vulnerable to public corruption; + (2) consider, to the extent reliable information is + available, whether the government of a country identified under + paragraph (1)-- + (A) has adopted measures to prevent public + corruption, such as measures to inform and educate the + public, including potential victims, about the causes + and consequences of public corruption; + (B) has enacted laws and established government + structures, policies, and practices that prohibit + public corruption; + (C) enforces such laws through a fair judicial + process; + (D) vigorously investigates, prosecutes, convicts, + and sentences public officials who participate in or + facilitate public corruption, including nationals of + such country who are deployed in foreign military + assignments, trade delegations abroad, or other similar + missions who engage in or facilitate public corruption; + (E) prescribes appropriate punishment for serious, + significant corruption that is commensurate with the + punishment prescribed for serious crimes; + (F) prescribes appropriate punishment for + significant corruption that provides a sufficiently + stringent deterrent and adequately reflects the nature + of the offense; + (G) convicts and sentences persons responsible for + such acts that take place wholly or partly within the + country of such government, including, as appropriate, + requiring the incarceration of individuals convicted of + such acts; + (H) holds private sector representatives + accountable for their role in public corruption; and + (I) addresses threats for civil society to monitor + anti-corruption efforts; and + (3) further consider-- + (A) verifiable measures taken by the government of + a country identified under paragraph (1) to prohibit + government officials from participating in, + facilitating, or condoning public corruption, including + the investigation, prosecution, and conviction of such + officials; + (B) the extent to which such government provides + access, or, as appropriate, makes adequate resources + available, to civil society organizations and other + institutions to combat public corruption, including + reporting, investigating, and monitoring; + (C) the extent to which an independent judiciary or + judicial body in such country is responsible for, and + effectively capable of, deciding public corruption + cases impartially, on the basis of facts and in + accordance with law, without any improper restrictions, + influences, inducements, pressures, threats, or + interferences, whether direct or indirect, from any + source or for any reason; + (D) the extent to which such government cooperates + meaningfully with the United States to strengthen + government and judicial institutions and the rule of + law to prevent, prohibit, and punish public corruption; + (E) the extent to which such government-- + (i) is assisting in international + investigations of transnational public + corruption networks and in other cooperative + efforts to combat serious, significant + corruption, including cooperating with the + governments of other countries to extradite + corrupt actors; + (ii) recognizes the rights of victims of + public corruption, ensures their access to + justice, and takes steps to prevent such + victims from being further victimized or + persecuted by corrupt actors, government + officials, or others; and + (iii) refrains from prosecuting legitimate + victims of public corruption or whistleblowers + due to such persons having assisted in exposing + public corruption, and refrains from other + discriminatory treatment of such persons; and + (F) contain such other information relating to + public corruption as the Secretary considers + appropriate. + (b) Identification.--After conducting each assessment under +subsection (a), the Secretary shall identify the countries described in +paragraph (1) of such subsection that are-- + (1) meeting minimum standards to combat public corruption; + (2) not meeting such minimum standards but making + significant efforts to do so; and + (3) neither meeting such minimum standards nor making + significant efforts to do so. + (c) Report.--Not later than 180 days after the date of the +enactment of this Act and annually thereafter through fiscal year 2026, +the Secretary shall submit to the appropriate congressional committees +and make publicly available a report that identifies the countries +described in subsection (a)(1) and paragraphs (2) and (3) of subsection +(b), including a description of the methodology and data utilized in +the assessments under subsection (a) and the reasons for such +identifications. + (d) Briefing in Lieu of Report.--The Secretary may waive the +requirement to submit and make publicly available a written report +under subsection (c) if the Secretary-- + (1) determines that publication of such report would-- + (A) undermine existing United States anti- + corruption efforts in one or more countries; or + (B) threaten the national interests of the United + States; and + (2) provides a briefing to the appropriate congressional + committees that identifies the countries described in + subsection (a)(1) and paragraphs (2) and (3) of subsection (b), + including a description of the methodology and data utilized in + the assessment under subsection (a) and the reasons for such + identifications. + +SEC. 14703. TRANSPARENCY AND ACCOUNTABILITY. + + For each country identified under paragraphs (2) and (3) of section +14702(b), the Secretary, in coordination with the Administrator of the +United States Agency for International Development, as appropriate, +shall-- + (1) ensure that a corruption risk assessment and mitigation + strategy is included in the integrated country strategy for + such country; and + (2) utilize appropriate mechanisms to combat corruption in + such countries, including by ensuring-- + (A) the inclusion of anti-corruption clauses in + contracts, grants, and cooperative agreements entered + into by the Department or the Agency for or in such + countries, which allow for the termination of such + contracts, grants, or cooperative agreements, as the + case may be, without penalty if credible indicators of + public corruption are discovered; + (B) the inclusion of appropriate clawback or + flowdown clauses within the procurement instruments of + the Department and the Agency that provide for the + recovery of funds misappropriated through corruption; + (C) the appropriate disclosure to the United States + Government, in confidential form, if necessary, of the + beneficial ownership of contractors, subcontractors, + grantees, cooperative agreement participants, and other + organizations implementing programs on behalf of the + Department or Agency; and + (D) the establishment of mechanisms for + investigating allegations of misappropriated resources + and equipment. + +SEC. 14704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT. + + (a) In General.--The Secretary shall annually designate an anti- +corruption point of contact at the United States diplomatic post to +each country identified under paragraphs (2) and (3) of section +14702(b), or which the Secretary otherwise determines is in need of +such a point of contact. + (b) Responsibilities.--Each designated anti-corruption point of +contact under subsection (a) shall be responsible for coordinating and +overseeing implementation of a whole-of-government approach among the +relevant Federal departments and agencies that operate programs that +promote good governance in foreign countries and enhance such +countries' ability to combat public corruption in order to accomplish +such objectives in the country to which such point of contact is +posted, including through the development and implementation of +corruption risk assessment tools and mitigation strategies. + (c) Training.--The Secretary shall implement appropriate training +for designated anti-corruption points of contact under subsection (a). + +SEC. 14705. REPORTING REQUIREMENTS. + + (a) Annual Report.-- + (1) In general.--The Secretary shall, for each of fiscal + years 2021 through 2026, submit to the appropriate + congressional committees a report on implementation of this + title, including a description of the following: + (A) The offices within the Department and the + United States Agency for International Development that + are engaging in significant anti-corruption activities. + (B) The findings and actions of designated anti- + corruption points of contact to develop and implement + risk mitigation strategies and ensure compliance with + section 14703. + (C) The training implemented under section + 14704(c). + (D) Management of the whole-of-government effort + referred to in section 14704(b) to combat corruption + within the countries identified in section 14702 and + efforts to improve coordination across Federal + departments and agencies. + (E) The risk assessment tools and mitigation + strategies utilized by the Department and the Agency. + (F) Other information determined by the Secretary + to be necessary and appropriate. + (2) Form of report.--Each report under this subsection + shall be submitted in an unclassified format but may include a + classified annex. + (b) Online Platform.--The Secretary shall consolidate existing +reports with anti-corruption components into one online, public +platform, which should-- + (1) include-- + (A) the annual Country Reports on Human Rights + Practices; + (B) the annual Fiscal Transparency Report; + (C) the annual Investment Climate Statements; + (D) the annual International Narcotics Control + Strategy Report; + (E) the Country Scorecards of the Millennium + Challenge Corporation; and + (F) any other relevant public reports; and + (2) link to third-party indicators and compliance + mechanisms used by the United States Government to inform + policy and programming, such as-- + (A) the International Finance Corporation's Doing + Business surveys; + (B) the International Budget Partnership's Open + Budget Index; and + (C) multilateral peer review anti-corruption + compliance mechanisms, such as the Organization for + Economic Co-operation and Development's Working Group + on Bribery in International Business Transactions and + the United Nations Convention Against Corruption, done + at New York October 31, 2003, to further highlight + expert international views on country challenges and + country efforts. + (c) Training.--The Secretary and the Administrator of the United +States Agency for International Development shall incorporate anti- +corruption components into existing Foreign Service and Civil Service +training courses to-- + (1) increase the ability of Department and Agency personnel + to support anti-corruption as a foreign policy priority; and + (2) strengthen the ability of such personnel to design, + implement, and evaluate more effective anti-corruption + programming around the world, including enhancing skills to + better evaluate and mitigate public corruption risks in + assistance programs. + +SEC. 14706. FOREIGN INVESTMENTS AND NATIONAL SECURITY. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act and biennially thereafter for the following 5 +years, the Secretary, in consultation with the Secretary of the +Treasury, the Director of National Intelligence, and the heads of other +agencies, as appropriate, shall submit to Congress an interagency +strategy to work with foreign governments and multilateral institutions +to guard against the risks of certain transactions involving foreign +investments. + (b) Contents.--Each interagency strategy under paragraph (1) shall +include plans relating to the following: + (1) Information sharing with foreign governments and + multilateral institutions regarding risks associated with + potential foreign investments. + (2) Promoting American and other alternatives to foreign + investments identified as presenting substantial risk to the + national security or sovereignty of a country. + (3) Providing technical assistance to foreign governments + or multilateral institutions regarding screening foreign + investments. + (4) Designating points of contact at each United States + mission to foreign governments and multilateral institutions, + and in associated regional bureaus, to coordinate efforts + described in this paragraph. + (c) Coordination.--If the Secretary determines such is appropriate, +the designated points of contact referred to in subsection (b)(4) may +be the same individual designated under section 14704(a). + + TITLE VIII--MISCELLANEOUS + +SEC. 14801. CASE-ZABLOCKI ACT REFORM. + + Section 112b of title 1, United States Code, is amended-- + (1) in subsection (a), by striking ``Committee on + International Relations'' and inserting ``Committee on Foreign + Affairs''; and + (2) by amending subsection (b) to read as follows: + ``(b) Each department or agency of the United States Government +that enters into any international agreement described in subsection +(a) on behalf of the United States, shall designate a Chief +International Agreements Officer, who-- + ``(1) shall be a current employee of such department or + agency; + ``(2) shall serve concurrently as Chief International + Agreements Officer; and + ``(3) subject to the authority of the head of such + department or agency, shall have department or agency-wide + responsibility for efficient and appropriate compliance with + subsection (a) to transmit the text of any international + agreement to the Department of State expeditiously after such + agreement has been signed.''. + +SEC. 14802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT. + + Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. +2370(q)) is amended-- + (1) by striking ``No assistance'' and inserting the + following: + ``(1) No assistance''; + (2) by inserting ``the government of'' before ``any + country''; + (3) by inserting ``the government of'' before ``such + country'' each place it appears; + (4) by striking ``determines'' and all that follows and + inserting ``determines, after consultation with the Committee + on Foreign Affairs and the Committee on Appropriations of the + House of Representatives and the Committee on Foreign Relations + and the Committee on Appropriations of the Senate, that + assistance for such country is in the national interest of the + United States.''; and + (5) by adding at the end the following: + ``(2) No assistance shall be furnished under this Act, the + Peace Corps Act, the Millennium Challenge Act of 2003, the + African Development Foundation Act, the BUILD Act of 2018, + section 504 of the FREEDOM Support Act, or section 23 of the + Arms Export Control Act to the government of any country which + is in default during a period in excess of 1 calendar year in + payment to the United States of principal or interest or any + loan made to the government of such country by the United + States unless the President determines, following consultation + with the congressional committees specified in paragraph (1), + that assistance for such country is in the national interest of + the United States.''. + +SEC. 14803. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING + INTERNATIONAL TERRORISM. + + (a) Prohibition.--Subsection (a) of section 620A of the Foreign +Assistance Act of 1961 (22 U.S.C. 2371) is amended by striking ``that +the government of that country'' and all that follows and inserting +``that the government of that country-- + ``(1) has repeatedly provided support for acts of + international terrorism; + ``(2) grants sanctuary from prosecution to any individual + or group which has committed an act of international terrorism; + ``(3) otherwise supports international terrorism; or + ``(4) is controlled by an organization designated as a + foreign terrorist organization under section 219 of the + Immigration and Nationality Act (8 U.S.C. 1189).''. + (b) Rescission.--Subsection (c) of such section is amended by +striking ``and the Chairman of the Committee on Foreign Relations of +the Senate'' and inserting ``, the Committee on Foreign Affairs of the +House of Representatives, the Committee on Foreign Relations of the +Senate, and the Committees on Appropriations of the House of +Representatives and the Senate''. + (c) Waiver.--Subsection (d)(2) of such section is amended by +striking ``and the chairman of the Committee on Foreign Relations of +the Senate'' and inserting ``, the Committee on Foreign Affairs of the +House of Representatives, the Committee on Foreign Relations of the +Senate, and the Committees on Appropriations of the House of +Representatives and the Senate''. + (d) Prohibition on Lethal Military Equipment Exports.--Such +section, as so amended, is further amended by adding at the end the +following: + ``(e) Prohibition on Lethal Military Equipment Exports.-- + ``(1) Prohibition.-- + ``(A) In general.--The United States shall not + provide any assistance under this Act or section 23 of + the Arms Export Control Act to any foreign government + that provides lethal military equipment to a country + the government of which the Secretary of State has + determined supports international terrorism for + purposes of section 1754(c) of the Export Control + Reform Act of 2018. + ``(B) Termination.--The prohibition on assistance + under subparagraph (A) with respect to a foreign + government shall terminate 12 months after such + government ceases to provide the lethal military + equipment described in such subparagraph. + ``(C) Applicability.--This subsection applies with + respect to lethal military equipment provided under a + contract entered into after October 1, 1997. + ``(2) Waiver.--The President may waive the prohibition on + assistance under paragraph (1) with respect to a foreign + government if the President determines that to do so is + important to the national interest of the United States. + ``(3) Report.--Upon the exercise of the waiver authority + pursuant to paragraph (2), the President shall submit to the + appropriate congressional committees a report with respect to + the furnishing of assistance under the waiver authority, + including-- + ``(A) a detailed explanation of the assistance to + be provided; + ``(B) the estimated dollar amount of such + assistance; and + ``(C) an explanation of how the assistance furthers + the national interest of the United States. + ``(4) Appropriate congressional committees defined.--In + this subsection, the term `appropriate congressional + committees' means-- + ``(A) the Committee on Foreign Affairs and the + Committee on Appropriations of the House of + Representatives; and + ``(B) the Committee on Foreign Relations and the + Committee on Appropriations of the Senate.''. + +SEC. 14804. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND + RETURN ACT OF 2014 AMENDMENT. + + Subsection (b) of section 101 of the Sean and David Goldman +International Child Abduction Prevention and Return Act of 2014 (22 +U.S.C. 9111; Public Law 113-150) is amended-- + (1) in paragraph (2)-- + (A) in subparagraph (A)-- + (i) by inserting ``, respectively,'' after + ``access cases''; and + (ii) by inserting ``and the number of + children involved'' before the semicolon at the + end; + (B) in subparagraph (D), by inserting + ``respectively, the number of children involved,'' + after ``access cases,''; + (2) in paragraph (7), by inserting ``, and number of + children involved in such cases'' before the semicolon at the + end; + (3) in paragraph (8), by striking ``and'' after the + semicolon at the end; + (4) in paragraph (9), by striking the period at the end and + inserting ``; and''; and + (5) by adding at the end the following new paragraph: + ``(10) the total number of pending cases the Department of + State has assigned to case officers and number of children + involved for each country and as a total for all countries.''. + +SEC. 14805. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE + PRESERVATION OF AMERICA'S HERITAGE ABROAD. + + (a) In General.--Chapter 3123 of title 54, United States Code, is +amended as follows: + (1) In section 312302, by inserting ``, and unimpeded + access to those sites,'' after ``and historic buildings''. + (2) In section 312304(a)-- + (A) in paragraph (2)-- + (i) by striking ``and historic buildings'' + and inserting ``and historic buildings, and + unimpeded access to those sites''; and + (ii) by striking ``and protected'' and + inserting ``, protected, and made accessible''; + and + (B) in paragraph (3), by striking ``and + protecting'' and inserting ``, protecting, and making + accessible''. + (3) In section 312305, by inserting ``and to the Committee + on Foreign Affairs of the House of Representatives and the + Committee on Foreign Relations of the Senate'' after + ``President''. + (b) Report.--Not later than 90 days after the date of the enactment +of this Act, the Commission for the Preservation of America's Heritage +Abroad shall submit to the President and to the Committee on Foreign +Affairs of the House of Representatives and the Committee on Foreign +Relations of the Senate a report that contains an evaluation of the +extent to which the Commission is prepared to continue its activities +and accomplishments with respect to the foreign heritage of United +States citizens from eastern and central Europe, were the Commission's +duties and powers extended to include other regions, including the +Middle East and North Africa, and any additional resources or personnel +the Commission would require. + +SEC. 14806. CHIEF OF MISSION CONCURRENCE. + + In the course of providing concurrence to the exercise of the +authority pursuant to section 127e of title 10, United State Code, or +section 1202 of the National Defense Authorization Act for Fiscal Year +2018-- + (1) each relevant chief of mission shall inform and consult + in a timely manner with relevant individuals at relevant + missions or bureaus of the Department of State; and + (2) the Secretary of State shall take such steps as may be + necessary to ensure that such relevant individuals have the + security clearances necessary to so consult in a timely manner + with respect to such concurrence. + + DIVISION J--COMBATING RUSSIAN MONEY LAUNDERING + +SEC. 15001. SHORT TITLE. + + This division may be cited as the ``Combating Russian Money +Laundering Act''. + +SEC. 15002. STATEMENT OF POLICY. + + It is the policy of the United States to-- + (1) protect the United States financial sector from abuse + by malign actors; and + (2) use all available financial tools to counter + adversaries. + +SEC. 15003. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) the efforts of the Government of the Russian + Federation, Russian state-owned enterprises, and Russian + oligarchs to move and disguise the source, ownership, location, + or control of illicit funds or value constitute money + laundering; + (2) money laundering assists in the Russian Government's + political and economic influence and destabilization + operations, which in turn affect the United States and European + democracy, national security, and rule of law; + (3) the Secretary of the Treasury should determine whether + Russia and the financial institutions through which the Russian + Government, political leaders, state-owned enterprises, and + oligarchs launder money are of primary money laundering + concern; and + (4) the Secretary of the Treasury should consider the need + for financial institutions and other obligated entities to + apply enhanced due diligence measures to transactions with the + Russian Government, political leaders, state-owned enterprises, + and financial institutions. + +SEC. 15004. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING + CONCERN OF RUSSIAN ILLICIT FINANCE. + + (a) Determination.--If the Secretary of the Treasury determines +that reasonable grounds exist for concluding that one or more financial +or non-financial institutions operating outside of the United States, +or 1 or more classes of transactions within, or involving, a +jurisdiction outside of the United States, or 1 or more types of +accounts is of primary money laundering concern in connection with +Russian illicit finance, the Secretary of the Treasury may require +domestic financial institutions and domestic financial agencies to take +1 or more of the special measures described in section 5318A(b) of +title 31, United States Code by order, regulation, or otherwise as +permitted by law. + (b) Report Required.-- + (1) In general.--Not later than 120 days after the date of + enactment of this Act, the Secretary of the Treasury shall + submit to the Committees on Financial Services and Foreign + Affairs of the House of Representatives and the Committees on + Banking, Housing, and Urban Affairs and Foreign Relations of + the Senate a report on financial and non-financial institutions + operating outside of the United States, classes of + transactions, jurisdictions outside of the United States, and + accounts for which there are reasonable grounds to conclude are + of primary money laundering concern in connection with Russian + illicit finance. + (2) Contents.--The report required under paragraph (1) + shall also-- + (A) identify any additional regulations, statutory + changes, enhanced due diligence, and reporting + requirements that are necessary to better identify, + prevent, and combat money laundering linked to Russia, + including related to-- + (i) identifying the beneficial ownership of + anonymous companies; + (ii) strengthening current, or enacting + new, reporting requirements and customer due + diligence requirements for the real estate + sector, law firms, and other trust and + corporate service providers; + (iii) enhanced know-your-customer + procedures and screening for transactions + involving Russian political leaders, Russian + state-owned enterprises, and known Russian + transnational organized crime figures; and + (iv) establishing a permanent solution to + collecting information nationwide to track + ownership of real estate; and + (B) include data and case studies on the use of + financial and non-financial institutions, including + limited liability companies, real estate, law firms, + and electronic currencies, to move and disguise Russian + funds. + (3) Format.--The report required under this subsection + shall be made available to the public, including on the website + of the Department of the Treasury, but may contain a classified + annex and be accompanied by a classified briefing. + (c) Use of Report Information To Make Primary Money Laundering +Concern Determinations.--If applicable, the Secretary of the Treasury +shall use the information contained in the report issued under +subsection (b) to support findings that reasonable grounds exist for +concluding that a jurisdiction outside of the United States, 1 or more +financial institutions operating outside of the United States, 1 or +more classes of transactions within, or involving, a jurisdiction +outside of the United States, or 1 or more types of accounts is of +primary money laundering concern, in accordance with section 5318A of +title 31, United States Code. + (d) Sense of Congress on International Cooperation.--It is the +sense of the Congress that the Secretary of the Treasury and other +relevant cabinet members (such as the Secretary of State, Secretary of +Defense, Secretary of Homeland Security, and Attorney General) should +work jointly with European, E.U., and U.K. financial intelligence +units, trade transparency units, and appropriate law enforcement +authorities to present, both in the report required under subsection +(b) and in future analysis of suspicious transaction reports, cash +transaction reports, currency and monetary instrument reports, and +other relevant data to identify trends and assess risks in the movement +of illicit funds from Russia through the United States, British, and +European financial systems. + + DIVISION K--KLEPTOCRACY ASSET RECOVERY REWARDS ACT + +SEC. 16001. SHORT TITLE. + + The division may be cited as the ``Kleptocracy Asset Recovery +Rewards Act''. + +SEC. 16002. FINDINGS; SENSE OF CONGRESS. + + (a) Findings.--Congress finds the following: + (1) The Stolen Asset Recovery Initiative (StAR), a World + Bank and United Nations anti-money-laundering effort, estimates + that between $20 billion to $40 billion has been lost to + developing countries annually through corruption. + (2) In 2014, more than $480 million in corruption proceeds + hidden in bank accounts around the world by former Nigerian + dictator Sani Abacha and his co-conspirators was forfeited + through efforts by the Department of Justice. + (3) In 2010, the Department of Justice established the + Kleptocracy Asset Recovery Initiative, to work in partnership + with Federal law enforcement agencies to forfeit the proceeds + of foreign official corruption and, where appropriate, return + those proceeds to benefit the people harmed by these acts of + corruption and abuse of office. + (4) Of the $20 billion to $40 billion lost by developing + countries annually through corruption, only about $5 billion + has been repatriated in the last 15 years. + (5) Governments weakened by corruption and loss of assets + due to corruption have fewer resources to devote to the fight + against terrorism and fewer resources to devote to building + strong financial, law enforcement, and judicial institutions to + aid in the fight against the financing of terrorism. + (6) The United States has a number of effective programs to + reward individuals who provide valuable information that assist + in the identification, arrest, and conviction of criminal + actors and their associates, as well as seizure and forfeiture + of illicitly derived assets and the proceeds of criminal + activity. + (7) The Internal Revenue Service has the Whistleblower + Program, which pays awards to individuals who provide specific + and credible information to the IRS if the information results + in the collection of taxes, penalties, interest or other + amounts from noncompliant taxpayers. + (8) The Department of State administers rewards programs on + international terrorism, illegal narcotics, and transnational + organized crime with the goal of bringing perpetrators to + justice. + (9) None of these existing rewards programs specifically + provide monetary incentives for identifying and recovering + stolen assets linked solely to foreign government corruption, + as opposed to criminal prosecutions or civil or criminal + forfeitures. + (10) The recovery of stolen assets linked to foreign + government corruption and the proceeds of such corruption may + not always involve a BSA violation or lead to a forfeiture + action. In such cases there would be no ability to pay rewards + under existing Treasury Department authorities. + (11) Foreign government corruption can take many forms but + typically entails government officials stealing, + misappropriating, or illegally diverting assets and funds from + their own government treasuries to enrich their personal wealth + directly through embezzlement or bribes to allow government + resources to be expended in ways that are not transparent and + may not either be necessary or be the result of open + competition. Corruption also includes situations where public + officials take bribes to allow government resources to be + expended in ways which are not transparent and may not be + necessary or the result of open competition. These corrupt + officials often use the United States and international + financial system to hide their stolen assets and the proceeds + of corruption. + (12) The individuals who come forward to expose foreign + governmental corruption and kleptocracy often do so at great + risk to their own safety and that of their immediate family + members and face retaliation from persons who exercise foreign + political or governmental power. Monetary rewards can provide a + necessary incentive to expose such corruption and provide a + financial means to provide for their well-being and avoid + retribution. + (b) Sense of Congress.--It is the sense of Congress that a +Department of the Treasury stolen asset recovery rewards program to +help identify and recover stolen assets linked to foreign government +corruption and the proceeds of such corruption hidden behind complex +financial structures is needed in order to-- + (1) intensify the global fight against corruption; and + (2) serve United States efforts to identify and recover + such stolen assets, forfeit proceeds of such corruption, and, + where appropriate and feasible, return the stolen assets or + proceeds thereof to the country harmed by the acts of + corruption. - TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS +SEC. 16003. IN GENERAL. - DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS + (a) Department of the Treasury Kleptocracy Asset Recovery Rewards +Program.--Chapter 97 of title 31, United States Code, is amended by +adding at the end the following: +``Sec. 9706. Department of the Treasury Kleptocracy Asset Recovery + Rewards Program + ``(a) Establishment.-- + ``(1) In general.--There is established in the Department + of the Treasury a program to be known as the `Kleptocracy Asset + Recovery Rewards Program' for the payment of rewards to carry + out the purposes of this section. + ``(2) Purpose.--The rewards program shall be designed to + support U.S. Government programs and investigations aimed at + restraining, seizing, forfeiting, or repatriating stolen assets + linked to foreign government corruption and the proceeds of + such corruption. + ``(3) Implementation.--The rewards program shall be + administered by, and at the sole discretion of, the Secretary + of the Treasury, in consultation, as appropriate, with the + Secretary of State, the Attorney General, and the heads of such + other departments and agencies as the Secretary may find + appropriate. + ``(b) Rewards Authorized.--In the sole discretion of the Secretary +and in consultation, as appropriate, with the heads of other relevant +Federal departments or agencies, the Secretary may pay a reward to any +individual, or to any nonprofit humanitarian organization designated by +such individual, if that individual furnishes information leading to-- + ``(1) the restraining or seizure of stolen assets in an + account at a U.S. financial institution (including a U.S. + branch of a foreign financial institution), that come within + the United States, or that come within the possession or + control of any United States person; + ``(2) the forfeiture of stolen assets in an account at a + U.S. financial institution (including a U.S. branch of a + foreign financial institution), that come within the United + States, or that come within the possession or control of any + United States person; or + ``(3) where appropriate, the repatriation of stolen assets + in an account at a U.S. financial institution (including a U.S. + branch of a foreign financial institution), that come within + the United States, or that come within the possession or + control of any United States person. + ``(c) Coordination.-- + ``(1) Procedures.--To ensure that the payment of rewards + pursuant to this section does not duplicate or interfere with + any other payment authorized by the Department of Justice or + other Federal law enforcement agencies for the obtaining of + information or other evidence, the Secretary of the Treasury, + in consultation with the Secretary of State, the Attorney + General, and the heads of such other agencies as the Secretary + may find appropriate, shall establish procedures for the + offering, administration, and payment of rewards under this + section, including procedures for-- + ``(A) identifying actions with respect to which + rewards will be offered; + ``(B) the receipt and analysis of data; and + ``(C) the payment of rewards and approval of such + payments. + ``(2) Prior approval of the attorney general required.-- + Before making a reward under this section in a matter over + which there is Federal criminal jurisdiction, the Secretary of + the Treasury shall obtain the written concurrence of the + Attorney General. + ``(d) Payment of Rewards.-- + ``(1) Authorization of appropriations.--For the purpose of + paying rewards pursuant to this section, there is authorized to + be appropriated-- + ``(A) $450,000 for fiscal year 2020; and + ``(B) for each fiscal year, any amount recovered in + stolen assets described under subsection (b) that the + Secretary determines is necessary to carry out this + program consistent with this section. + ``(2) Limitation on annual payments.--Except as provided + under paragraph (3), the total amount of rewards paid pursuant + to this section may not exceed $25 million in any calendar + year. + ``(3) Presidential authority.--The President may waive the + limitation under paragraph (2) with respect to a calendar year + if the President provides written notice of such waiver to the + appropriate committees of the Congress at least 30 days before + any payment in excess of such limitation is made pursuant to + this section. + ``(4) Payments to be made first from stolen asset + amounts.--In paying any reward under this section, the + Secretary shall, to the extent possible, make such reward + payment-- + ``(A) first, from appropriated funds authorized + under paragraph (1)(B); and + ``(B) second, from appropriated funds authorized + under paragraph (1)(A). + ``(e) Limitations.-- + ``(1) Submission of information.--No award may be made + under this section based on information submitted to the + Secretary unless such information is submitted under penalty of + perjury. + ``(2) Maximum amount.--No reward paid under this section + may exceed $5 million, unless the Secretary-- + ``(A) personally authorizes such greater amount in + writing; + ``(B) determines that offer or payment of a reward + of a greater amount is necessary due to the exceptional + nature of the case; and + ``(C) notifies the appropriate committees of the + Congress of such determination. + ``(3) Approval.-- + ``(A) In general.--No reward amount may be paid + under this section without the written approval of the + Secretary. + ``(B) Delegation.--The Secretary may not delegate + the approval required under subparagraph (A) to anyone + other than an Under Secretary of the Department of the + Treasury. + ``(4) Protection measures.--If the Secretary determines + that the identity of the recipient of a reward or of the + members of the recipient's immediate family must be protected, + the Secretary shall take such measures in connection with the + payment of the reward as the Secretary considers necessary to + effect such protection. + ``(5) Forms of reward payment.--The Secretary may make a + reward under this section in the form of a monetary payment. + ``(f) Ineligibility, Reduction in, or Denial of Reward.-- + ``(1) Officer and employees.--An officer or employee of any + entity of Federal, State, or local government or of a foreign + government who, while in the performance of official duties, + furnishes information described under subsection (b) shall not + be eligible for a reward under this section. + ``(2) Participating individuals.--If the claim for a reward + is brought by an individual who the Secretary has a reasonable + basis to believe knowingly planned, initiated, directly + participated in, or facilitated the actions that led to assets + of a foreign state or governmental entity being stolen, + misappropriated, or illegally diverted or to the payment of + bribes or other foreign governmental corruption, the Secretary + shall appropriately reduce, and may deny, such award. If such + individual is convicted of criminal conduct arising from the + role described in the preceding sentence, the Secretary shall + deny or may seek to recover any reward, as the case may be. + ``(g) Report.-- + ``(1) In general.--Within 180 days of the enactment of this + section, and annually thereafter for 5 years, the Secretary + shall issue a report to the appropriate committees of the + Congress-- + ``(A) detailing to the greatest extent possible the + amount, location, and ownership or beneficial ownership + of any stolen assets that, on or after the date of the + enactment of this section, come within the United + States or that come within the possession or control of + any United States person; + ``(B) discussing efforts being undertaken to + identify more such stolen assets and their owners or + beneficial owners; and + ``(C) including a discussion of the interactions of + the Department of the Treasury with the international + financial institutions (as defined in section + 1701(c)(2) of the International Financial Institutions + Act) to identify the amount, location, and ownership, + or beneficial ownership, of stolen assets held in + financial institutions outside the United States. + ``(2) Exception for ongoing investigations.--The report + issued under paragraph (1) shall not include information + related to ongoing investigations. + ``(h) Definitions.--For purposes of this section: + ``(1) Appropriate committees of the congress.--The term + `appropriate committees of the Congress' means the Committee on + Financial Services of the House of Representatives and the + Committee on Banking, Housing, and Urban Affairs of the Senate. + ``(2) Financial asset.--The term `financial asset' means + any funds, investments, or ownership interests, as defined by + the Secretary, that on or after the date of the enactment of + this section come within the United States or that come within + the possession or control of any United States person. + ``(3) Foreign government corruption.--The term `foreign + government corruption' includes bribery of a foreign public + official, or the misappropriation, theft, or embezzlement of + public funds or property by or for the benefit of a foreign + public official. + ``(4) Foreign public official.--The term `foreign public + official' includes any person who occupies a public office by + virtue of having been elected, appointed, or employed, + including any military, civilian, special, honorary, temporary, + or uncompensated official. + ``(5) Immediate family member.--The term `immediate family + member', with respect to an individual, has the meaning given + the term `member of the immediate family' under section 36(k) + of the State Department Basic Authorities Act of 1956 (22 + U.S.C. 2708(k)). + ``(6) Rewards program.--The term `rewards program' means + the program established in subsection (a)(1) of this section. + ``(7) Secretary.--The term `Secretary' means the Secretary + of the Treasury. + ``(8) Stolen assets.--The term `stolen assets' means + financial assets within the jurisdiction of the United States, + constituting, derived from, or traceable to, any proceeds + obtained directly or indirectly from foreign government + corruption.''. + (b) Report on Disposition of Recovered Assets.--Within 360 days of +the enactment of this Act, the Secretary of the Treasury shall issue a +report to the appropriate committees of Congress (as defined under +section 9706(h) of title 31, United States Code) describing policy +choices and recommendations for disposition of stolen assets recovered +pursuant to section 9706 of title 31, United States Code. + (c) Table of Contents Amendment.--The table of contents for chapter +97 of title 31, United States Code, is amended by adding at the end the +following: -SEC. 2001. SHORT TITLE. +``9706. Department of the Treasury Kleptocracy Asset Recovery Rewards + Program.''. - This division may be cited as the ``Military Construction -Authorization Act for Fiscal Year 2021''. + DIVISION L--STOPPING TRAFFICKING, ILLICIT FLOWS, LAUNDERING, AND + EXPLOITATION -SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE - SPECIFIED BY LAW. +SEC. 17001. SHORT TITLE. - (a) Expiration of Authorizations After Five Years.--Except as -provided in subsection (b), all authorizations contained in titles XXI -through XXVII for military construction projects, land acquisition, -family housing projects and facilities, and contributions to the North -Atlantic Treaty Organization Security Investment Program (and -authorizations of appropriations therefor) shall expire on the later -of-- - (1) October 1, 2025; or - (2) the date of the enactment of an Act authorizing funds - for military construction for fiscal year 2026. - (b) Exception.--Subsection (a) shall not apply to authorizations -for military construction projects, land acquisition, family housing -projects and facilities, and contributions to the North Atlantic Treaty -Organization Security Investment Program (and authorizations of -appropriations therefor), for which appropriated funds have been -obligated before the later of-- - (1) October 1, 2025; or - (2) the date of the enactment of an Act authorizing funds - for fiscal year 2026 for military construction projects, land - acquisition, family housing projects and facilities, or - contributions to the North Atlantic Treaty Organization - Security Investment Program. + This division may be cited as the ``Stopping Trafficking, Illicit +Flows, Laundering, and Exploitation Act of 2020'' or the ``STIFLE Act +of 2020''. -SEC. 2003. EFFECTIVE DATE. +SEC. 17002. FINDINGS. - Titles XXI through XXVII and title XXIX shall take effect on the -later of-- - (1) October 1, 2020; or - (2) the date of the enactment of this Act. + The Congress finds the following: + (1) Trafficking is a national-security threat and an + economic drain of our resources. + (2) As the U.S. Department of the Treasury's recently + released ``2020 National Strategy for Combating Terrorist and + Other Illicit Financing'' concludes, ``While money laundering, + terrorism financing, and WMD proliferation financing differ + qualitatively and quantitatively, the illicit actors engaging + in these activities can exploit the same vulnerabilities and + financial channels.''. + (3) Among those are bad actors engaged in trafficking, + whether they trade in drugs, arms, cultural property, wildlife, + natural resources, counterfeit goods, organs, or, even, other + humans. + (4) Their illegal (or ``dark'') markets use similar and + sometimes related or overlapping methods and means to acquire, + move, and profit from their crimes. + (5) In a March 2017, report from Global Financial + Integrity, ``Transnational Crime and the Developing World'', + the global business of transnational crime was valued at $1.6 + trillion to $2.2 trillion annually, resulting in crime, + violence, terrorism, instability, corruption, and lost tax + revenues worldwide. - TITLE XXI--ARMY MILITARY CONSTRUCTION +SEC. 17003. GAO STUDY. -SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + (a) Study.--The Comptroller General of the United States shall +carry out a study on-- + (1) the major trafficking routes used by transnational + criminal organizations, terrorists, and others, and to what + extent the trafficking routes for people (including children), + drugs, weapons, cash, child sexual exploitation materials, or + other illicit goods are similar, related, or cooperative; + (2) commonly used methods to launder and move the proceeds + of trafficking; + (3) the types of suspicious financial activity that are + associated with illicit trafficking networks, and how financial + institutions identify and report such activity; + (4) the nexus between the identities and finances of + trafficked persons and fraud; + (5) the tools, guidance, training, partnerships, + supervision, or other mechanisms that Federal agencies, + including the Department of the Treasury's Financial Crimes + Enforcement Network, the Federal financial regulators, and law + enforcement, provide to help financial institutions identify + techniques and patterns of transactions that may involve the + proceeds of trafficking; + (6) what steps financial institutions are taking to detect + and prevent bad actors who are laundering the proceeds of + illicit trafficking, including data analysis, policies, + training procedures, rules, and guidance; + (7) what role gatekeepers, such as lawyers, notaries, + accountants, investment advisors, logistics agents, and trust + and company service providers, play in facilitating trafficking + networks and the laundering of illicit proceeds; and + (8) the role that emerging technologies, including + artificial intelligence, digital identity technologies, + blockchain technologies, virtual assets, and related exchanges + and online marketplaces, and other innovative technologies, can + play in both assisting with and potentially enabling the + laundering of proceeds from trafficking. + (b) Consultation.--In carrying out the study required under +subsection (a), the Comptroller General shall solicit feedback and +perspectives to the extent practicable from survivor and victim +advocacy organizations, law enforcement, research organizations, +private-sector organizations (including financial institutions and data +and technology companies), and any other organization or entity that +the Comptroller General determines appropriate. + (c) Report.--The Comptroller General shall issue one or more +reports to the Congress containing the results of the study required +under subsection (a). The first report shall be issued not later than +the end of the 15-month period beginning on the date of the enactment +of this Act. The reports shall contain-- + (1) all findings and determinations made in carrying out + the study required under subsection (a); and + (2) recommendations for any legislative or regulatory + changes necessary to combat trafficking or the laundering of + proceeds from trafficking. - Using amounts appropriated pursuant to the authorization of -appropriations in section 2103(a) and available for military -construction projects inside the United States as specified in the -funding table in section 3002, the Secretary of the Army may acquire -real property and carry out military construction projects for the -installations or locations inside the United States, and in the -amounts, set forth in the following table: + DIVISION M--IMPROVING CORPORATE GOVERNANCE THROUGH DIVERSITY - Army: Inside the United States ------------------------------------------------------------------------- - State Installation Amount ------------------------------------------------------------------------- -Arizona....................... Yuma Proving Ground... $14,000,000 -Colorado...................... Fort Carson........... $28,000,000 -Georgia....................... Fort Gillem........... $71,000,000 - Fort Gordon........... $80,000,000 -Hawaii........................ Wheeler Army Air Field $89,000,000 -Louisiana..................... Fort Polk............. $25,000,000 -Oklahoma...................... McAlester AAP......... $35,000,000 -Virginia...................... Humphreys Engineer $51,000,000 - Center............... ------------------------------------------------------------------------- +SEC. 18001. SHORT TITLE. -SEC. 2102. FAMILY HOUSING. + This division may be cited as the ``Improving Corporate Governance +Through Diversity Act of 2020''. - (a) Construction and Acquisition.--Using amounts appropriated -pursuant to the authorization of appropriations in section 2103(a) and -available for military family housing functions as specified in the -funding table in section 3002, the Secretary of the Army may construct -or acquire family housing units (including land acquisition and -supporting facilities) at the installations or locations, in the number -of units, and in the amounts set forth in the following table: +SEC. 18002. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS. - Army: Family Housing ----------------------------------------------------------------------------------------------------------------- - Country Installation Units Amount ----------------------------------------------------------------------------------------------------------------- -Italy................................... Vicenza.................. Family Housing New $84,100,000 - Construction............. -Kwajalein............................... Kwajalein Atoll........... Family Housing Replacement $32,000,000 - Construction............. ----------------------------------------------------------------------------------------------------------------- + Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) +is amended by adding at the end the following: + ``(s) Submission of Data Relating to Diversity.-- + ``(1) Definitions.--In this subsection-- + ``(A) the term `executive officer' has the meaning + given the term in section 230.501(f) of title 17, Code + of Federal Regulations, as in effect on the date of + enactment of this subsection; and + ``(B) the term `veteran' has the meaning given the + term in section 101 of title 38, United States Code. + ``(2) Submission of disclosure.--Each issuer required to + file an annual report under subsection (a) shall disclose in + any proxy statement and any information statement relating to + the election of directors filed with the Commission the + following: + ``(A) Data, based on voluntary self-identification, + on the racial, ethnic, and gender composition of-- + ``(i) the board of directors of the issuer; + ``(ii) nominees for the board of directors + of the issuer; and + ``(iii) the executive officers of the + issuer. + ``(B) The status of any member of the board of + directors of the issuer, any nominee for the board of + directors of the issuer, or any executive officer of + the issuer, based on voluntary self-identification, as + a veteran. + ``(C) Whether the board of directors of the issuer, + or any committee of that board of directors, has, as of + the date on which the issuer makes a disclosure under + this paragraph, adopted any policy, plan, or strategy + to promote racial, ethnic, and gender diversity among-- + ``(i) the board of directors of the issuer; + ``(ii) nominees for the board of directors + of the issuer; or + ``(iii) the executive officers of the + issuer. + ``(3) Alternative submission.--In any 1-year period in + which an issuer required to file an annual report under + subsection (a) does not file with the Commission a proxy + statement relating to the election of directors or an + information statement, the issuer shall disclose the + information required under paragraph (2) in the first annual + report of issuer that the issuer submits to the Commission + after the end of that 1-year period. + ``(4) Annual report.--Not later than 18 months after the + date of the enactment of this subsection, and annually + thereafter, the Commission shall submit to the Committee on + Financial Services of the House of Representatives and to the + Committee on Banking, Housing, and Urban Affairs of the Senate + and publish on the website of the Commission a report that + analyzes the information disclosed pursuant to paragraphs (1), + (2), and (3) and identifies any trends in such information. + ``(5) Best practices.-- + ``(A) In general.--The Director of the Office of + Minority and Women Inclusion of the Commission shall, + not later than the end of the 3-year period beginning + on the date of the enactment of this subsection and + every 3 years thereafter, publish best practices for + compliance with this subsection. + ``(B) Comments.--The Director of the Office of + Minority and Women Inclusion of the Commission may, + pursuant to subchapter II of chapter 5 of title 5, + United States Code, solicit public comments related to + the best practices published under subparagraph (A).''. - (b) Planning and Design.--Using amounts appropriated pursuant to -the authorization of appropriations in section 2103(a) and available -for military family housing functions as specified in the funding table -in section 3002, the Secretary of the Army may carry out architectural -and engineering services and construction design activities with -respect to the construction or improvement of family housing units in -an amount not to exceed $3,300,000. +SEC. 18003. DIVERSITY ADVISORY GROUP. -SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. + (a) Establishment.--The Securities and Exchange Commission shall +establish a Diversity Advisory Group (the ``Advisory Group''), which +shall be composed of representatives from the government, academia, and +the private sector. + (b) Study and Recommendations.--The Advisory Group shall-- + (1) carry out a study that identifies strategies that can + be used to increase gender, racial, and ethnic diversity among + members of boards of directors of issuers; and + (2) not later than 9 months after the establishment of the + Advisory Group, submit a report to the Commission, the + Committee on Financial Services of the House of + Representatives, and the Committee on Banking, Housing, and + Urban Affairs of the Senate that-- + (A) describes any findings from the study conducted + pursuant to paragraph (1); and + (B) makes recommendations of strategies that + issuers could use to increase gender, racial, and + ethnic diversity among board members. + (c) Annual Report.--Not later than 1 year following the submission +of a report pursuant to subsection (b), and annually thereafter, the +Commission shall submit a report to the Committee on Financial Services +of the House of Representatives and the Committee on Banking, Housing, +and Urban Affairs of the Senate that describes the status of gender, +racial, and ethnic diversity among members of the board of directors of +issuers. + (d) Public Availability of Reports.--The Commission shall make all +reports of the Advisory Group available to issuers and the public, +including on the website of the Commission. + (e) Definitions.--For the purposes of this section: + (1) Issuer.--The term ``issuer'' has the meaning given the + term in section 3 of the Securities Exchange Act of 1934. + (2) Commission.--The term ``Commission'' means the + Securities and Exchange Commission. - (a) Authorization of Appropriations.--Funds are hereby authorized -to be appropriated for fiscal years beginning after September 30, 2020, -for military construction, land acquisition, and military family -housing functions of the Department of the Army as specified in the -funding table in section 3002. - (b) Limitation on Total Cost of Construction Projects.-- -Notwithstanding the cost variations authorized by section 2853 of title -10, United States Code, and any other cost variation authorized by law, -the total cost of all projects carried out under section 2101 of this -Act may not exceed the total amount authorized to be appropriated under -subsection (a), as specified in the funding table in section 3002. + DIVISION N--BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2019 - TITLE XXII--NAVY MILITARY CONSTRUCTION +SEC. 19001. SHORT TITLE. -SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + This division may be cited as the ``Banking Transparency for +Sanctioned Persons Act of 2019''. - (a) Inside the United States.--Using amounts appropriated pursuant -to the authorization of appropriations in section 2204(a) and available -for military construction projects inside the United States as -specified in the funding table in section 3002, the Secretary of the -Navy may acquire real property and carry out military construction -projects for the installations or locations inside the United States, -and in the amounts, set forth in the following table: +SEC. 19002. REPORT ON FINANCIAL SERVICES BENEFITTING STATE SPONSORS OF + TERRORISM, HUMAN RIGHTS ABUSERS, AND CORRUPT OFFICIALS. - Navy: Inside the United States ----------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount ----------------------------------------------------------------------------------------------------------------- -California.................................... Camp Pendleton.................................. $68,530,000 - Lemoore......................................... $187,220,000 - San Diego....................................... $128,500,000 - Twentynine Palms................................ $76,500,000 -Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $114,900,000 -Maine......................................... Kittery......................................... $715,000,000 -Nevada........................................ Fallon.......................................... $29,040,000 -Virginia...................................... Norfolk......................................... $30,400,000 ----------------------------------------------------------------------------------------------------------------- + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and every 180 days thereafter, the Secretary of +the Treasury shall issue a report to the Committees on Financial +Services and Foreign Affairs of the House of Representatives and the +Committees on Banking, Housing, and Urban Affairs and Foreign Relations +of the Senate that includes-- + (1) a copy of any license issued by the Secretary in the + preceding 180 days that authorizes a financial institution to + provide financial services benefitting a state sponsor of + terrorism; and + (2) a list of any foreign financial institutions that, in + the preceding 180 days, knowingly conducted a significant + transaction or transactions, directly or indirectly, for a + sanctioned person included on the Department of the Treasury's + Specially Designated Nationals And Blocked Persons List who-- + (A) is owned or controlled by, or acts on behalf + of, the government of a state sponsor of terrorism; or + (B) is designated pursuant to any of the following: + (i) Section 404 of the Russia and Moldova + Jackson-Vanik Repeal and Sergei Magnitsky Rule + of Law Accountability Act of 2012 (Public Law + 112-208). + (ii) Subtitle F of title XII of the + National Defense Authorization Act for Fiscal + Year 2017 (Public Law 114-328, the Global + Magnitsky Human Rights Accountability Act). + (iii) Executive Order No. 13818. + (b) Form of Report.--The report required under subsection (a) shall +be submitted in unclassified form but may contain a classified annex. - (b) Outside the United States.--Using amounts appropriated pursuant -to the authorization of appropriations in section 2204(a) and available -for military construction projects outside the United States as -specified in the funding table in section 3002, the Secretary of the -Navy may acquire real property and carry out military construction -projects for the installation or location outside the United States, -and in the amounts, set forth in the following table: +SEC. 19003. WAIVER. + + The Secretary of the Treasury may waive the requirements of section +19002 with respect to a foreign financial institution described in +paragraph (2) of such section-- + (1) upon receiving credible assurances that the foreign + financial institution has ceased, or will imminently cease, to + knowingly conduct any significant transaction or transactions, + directly or indirectly, for a person described in subparagraph + (A) or (B) of such paragraph (2); or + (2) upon certifying to the Committees on Financial Services + and Foreign Affairs of the House of Representatives and the + Committees on Banking, Housing, and Urban Affairs and Foreign + Relations of the Senate that the waiver is important to the + national interest of the United States, with an explanation of + the reasons therefor. + +SEC. 19004. DEFINITIONS. + + For purposes of this division: + (1) Financial institution.--The term ``financial + institution'' means a United States financial institution or a + foreign financial institution. + (2) Foreign financial institution.--The term ``foreign + financial institution'' has the meaning given that term under + section 561.308 of title 31, Code of Federal Regulations. + (3) Knowingly.--The term ``knowingly'' with respect to + conduct, a circumstance, or a result, means that a person has + actual knowledge, or should have known, of the conduct, the + circumstance, or the result. + (4) United states financial institution.--The term ``United + States financial institution'' has the meaning given the term + ``U.S. financial institution'' under section 561.309 of title + 31, Code of Federal Regulations. + +SEC. 19005. SUNSET. + + The reporting requirement under this division shall terminate on +the date that is the end of the 7-year period beginning on the date of +the enactment of this Act. + + DIVISION O--PUBLIC LANDS + +SEC. 20001. SHORT TITLE. + + This division may be cited as the ``Protecting America's Wilderness +Act''. + + TITLE I--COLORADO WILDERNESS + +SEC. 20101. SHORT TITLE; DEFINITION. + + (a) Short Title.--This title may be cited as the ``Colorado +Wilderness Act of 2020''. + (b) Secretary Defined.--As used in this title, the term +``Secretary'' means the Secretary of the Interior or the Secretary of +Agriculture, as appropriate. + +SEC. 20102. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE + STATE OF COLORADO. + + (a) Additions.--Section 2(a) of the Colorado Wilderness Act of 1993 +(Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132 note) is amended by +adding at the end the following paragraphs: + ``(23) Certain lands managed by the Colorado River Valley + Field Office of the Bureau of Land Management, which comprise + approximately 316 acres, as generally depicted on a map titled + `Maroon Bells Addition Proposed Wilderness', dated July 20, + 2018, which is hereby incorporated in and shall be deemed to be + a part of the Maroon Bells-Snowmass Wilderness Area designated + by Public Law 88-577. + ``(24) Certain lands managed by the Gunnison Field Office + of the Bureau of Land Management, which comprise approximately + 38,217 acres, as generally depicted on a map titled `Redcloud & + Handies Peak Proposed Wilderness', dated October 9, 2019, which + shall be known as the Redcloud Peak Wilderness. + ``(25) Certain lands managed by the Gunnison Field Office + of the Bureau of Land Management or located in the Grand Mesa, + Uncompahgre, and Gunnison National Forests, which comprise + approximately 26,734 acres, as generally depicted on a map + titled `Redcloud & Handies Peak Proposed Wilderness', dated + October 9, 2019, which shall be known as the Handies Peak + Wilderness. + ``(26) Certain lands managed by the Royal Gorge Field + Office of the Bureau of Land Management, which comprise + approximately 16,481 acres, as generally depicted on a map + titled `Table Mountain & McIntyre Hills Proposed Wilderness', + dated November 7, 2019, which shall be known as the McIntyre + Hills Wilderness. + ``(27) Certain lands managed by the Colorado River Valley + Field Office of the Bureau of Land Management, which comprise + approximately 10,282 acres, as generally depicted on a map + titled `Grand Hogback Proposed Wilderness', dated October 16, + 2019, which shall be known as the Grand Hogback Wilderness. + ``(28) Certain lands managed by the Grand Junction Field + Office of the Bureau of Land Management, which comprise + approximately 25,624 acres, as generally depicted on a map + titled `Demaree Canyon Proposed Wilderness', dated October 9, + 2019, which shall be known as the Demaree Canyon Wilderness. + ``(29) Certain lands managed by the Grand Junction Field + Office of the Bureau of Land Management, which comprise + approximately 28,279 acres, as generally depicted on a map + titled `Little Books Cliff Proposed Wilderness', dated October + 9, 2019, which shall be known as the Little Bookcliffs + Wilderness. + ``(30) Certain lands managed by the Colorado River Valley + Field Office of the Bureau of Land Management, which comprise + approximately 14,886 acres, as generally depicted on a map + titled `Bull Gulch & Castle Peak Proposed Wilderness', dated + January 29, 2020, which shall be known as the Bull Gulch + Wilderness. + ``(31) Certain lands managed by the Colorado River Valley + Field Office of the Bureau of Land Management, which comprise + approximately 12,016 acres, as generally depicted on a map + titled `Bull Gulch & Castle Peak Proposed Wilderness Areas', + dated January 29, 2020, which shall be known as the Castle Peak + Wilderness.''. + (b) Further Additions.--The following lands in the State of +Colorado administered by the Bureau of Land Management or the United +States Forest Service are hereby designated as wilderness and, +therefore, as components of the National Wilderness Preservation +System: + (1) Certain lands managed by the Colorado River Valley + Field Office of the Bureau of Land Management or located in the + White River National Forest, which comprise approximately + 19,240 acres, as generally depicted on a map titled + ``Assignation Ridge Proposed Wilderness'', dated November 12, + 2019, which shall be known as the Assignation Ridge Wilderness. + (2) Certain lands managed by the Royal Gorge Field Office + of the Bureau of Land Management or located in the Pike and San + Isabel National Forests, which comprise approximately 23,116 + acres, as generally depicted on a map titled ``Badger Creek + Proposed Wilderness'', dated November 7, 2019, which shall be + known as the Badger Creek Wilderness. + (3) Certain lands managed by the Royal Gorge Field Office + of the Bureau of Land Management or located in the Pike and San + Isabel National Forests, which comprise approximately 35,251 + acres, as generally depicted on a map titled ``Beaver Creek + Proposed Wilderness'', dated November 7, 2019, which shall be + known as the Beaver Creek Wilderness. + (4) Certain lands managed by the Royal Gorge Field Office + of the Bureau of Land Management or the Bureau of Reclamation + or located in the Pike and San Isabel National Forests, which + comprise approximately 32,884 acres, as generally depicted on a + map titled ``Grape Creek Proposed Wilderness'', dated November + 7, 2019, which shall be known as the Grape Creek Wilderness. + (5) Certain lands managed by the Grand Junction Field + Office of the Bureau of Land Management, which comprise + approximately 13,351 acres, as generally depicted on a map + titled ``North & South Bangs Canyon Proposed Wilderness'', + dated October 9, 2019, which shall be known as the North Bangs + Canyon Wilderness. + (6) Certain lands managed by the Grand Junction Field + Office of the Bureau of Land Management, which comprise + approximately 5,144 acres, as generally depicted on a map + titled ``North & South Bangs Canyon Proposed Wilderness'', + dated October 9, 2019, which shall be known as the South Bangs + Canyon Wilderness. + (7) Certain lands managed by the Grand Junction Field + Office of the Bureau of Land Management, which comprise + approximately 26,624 acres, as generally depicted on a map + titled ``Unaweep & Palisade Proposed Wilderness'', dated + October 9, 2019, which shall be known as The Palisade + Wilderness. + (8) Certain lands managed by the Grand Junction Field + Office of the Bureau of Land Management or located in the Grand + Mesa, Uncompaghre, and Gunnison National Forests, which + comprise approximately 19,776 acres, as generally depicted on a + map titled ``Unaweep & Palisade Proposed Wilderness'', dated + October 9, 2019, which shall be known as the Unaweep + Wilderness. + (9) Certain lands managed by the Grand Junction Field + Office of the Bureau of Land Management and Uncompaghre Field + Office of the Bureau of Land Management and in the Manti-LaSal + National Forest, which comprise approximately 37,637 acres, as + generally depicted on a map titled ``Sewemup Mesa Proposed + Wilderness'', dated November 7, 2019, which shall be known as + the Sewemup Mesa Wilderness. + (10) Certain lands managed by the Kremmling Field Office of + the Bureau of Land Management, which comprise approximately 31 + acres, as generally depicted on a map titled ``Platte River + Addition Proposed Wilderness'', dated July 20, 2018, and which + are hereby incorporated in and shall be deemed to be part of + the Platte River Wilderness designated by Public Law 98-550. + (11) Certain lands managed by the Uncompahgre Field Office + of the Bureau of Land Management, which comprise approximately + 17,587 acres, as generally depicted on a map titled ``Roubideau + Proposed Wilderness'', dated October 9, 2019, which shall be + known as the Roubideau Wilderness. + (12) Certain lands managed by the Uncompahgre Field Office + of the Bureau of Land Management or located in the Grand Mesa, + Uncompaghre, and Gunnison National Forests, which comprise + approximately 12,102 acres, as generally depicted on a map + titled ``Norwood Canyon Proposed Wilderness'', dated November + 7, 2019, which shall be known as the Norwood Canyon Wilderness. + (13) Certain lands managed by the Tres Rios Field Office of + the Bureau of Land Management, which comprise approximately + 24,475 acres, as generally depicted on a map titled ``Papoose & + Cross Canyon Proposed Wilderness'', and dated January 29, 2020, + which shall be known as the Cross Canyon Wilderness. + (14) Certain lands managed by the Tres Rios Field Office of + the Bureau of Land Management, which comprise approximately + 21,220 acres, as generally depicted on a map titled ``McKenna + Peak Proposed Wilderness'', dated October 16, 2019, which shall + be known as the McKenna Peak Wilderness. + (15) Certain lands managed by the Tres Rios Field Office of + the Bureau of Land Management, which comprise approximately + 14,270 acres, as generally depicted on a map titled ``Weber- + Menefee Mountain Proposed Wilderness'', dated October 9, 2019, + which shall be known as the Weber-Menefee Mountain Wilderness. + (16) Certain lands managed by the Uncompahgre and Tres Rios + Field Offices of the Bureau of Land Management or the Bureau of + Reclamation, which comprise approximately 33,351 acres, as + generally depicted on a map titled ``Dolores River Canyon + Proposed Wilderness'', dated November 7, 2019, which shall be + known as the Dolores River Canyon Wilderness. + (17) Certain lands managed by the Royal Gorge Field Office + of the Bureau of Land Management or located in the Pike and San + Isabel National Forests, which comprise approximately 17,922 + acres, as generally depicted on a map titled ``Browns Canyon + Proposed Wilderness'', dated October 9, 2019, which shall be + known as the Browns Canyon Wilderness. + (18) Certain lands managed by the San Luis Field Office of + the Bureau of Land Management, which comprise approximately + 10,527 acres, as generally depicted on a map titled ``San Luis + Hills Proposed Wilderness'', dated October 9, 2019 which shall + be known as the San Luis Hills Wilderness. + (19) Certain lands managed by the Royal Gorge Field Office + of the Bureau of Land Management, which comprise approximately + 23,559 acres, as generally depicted on a map titled ``Table + Mountain & McIntyre Hills Proposed Wilderness'', dated November + 7, 2019, which shall be known as the Table Mountain Wilderness. + (20) Certain lands managed by the Tres Rios Field Office of + the Bureau of Land Management or located in the San Juan + National Forest, which comprise approximately 10,844 acres, as + generally depicted on a map titled ``North & South Ponderosa + Gorge Proposed Wilderness'', and dated January 31, 2020, which + shall be known as the North Ponderosa Gorge Wilderness. + (21) Certain lands managed by the Tres Rios Field Office of + the Bureau of Land Management or located in the San Juan + National Forest, which comprise approximately 12,393 acres, as + generally depicted on a map titled ``North & South Ponderosa + Gorge Proposed Wilderness'', and dated January 31, 2020 which + shall be known as the South Ponderosa Gorge Wilderness. + (22) Certain lands managed by the Little Snake Field Office + of the Bureau of Land Management which comprise approximately + 33,168 acres, as generally depicted on a map titled ``Diamond + Breaks Proposed Wilderness'', and dated January 31, 2020 which + shall be known as the Diamond Breaks Wilderness. + (23) Certain lands managed by the Tres Rios Field Office of + the Bureau of Land Management which comprises approximately + 4,782 acres, as generally depicted on the map titled ``Papoose + & Cross Canyon Proposed Wilderness'''', and dated January 29, + 2020 which shall be known as the Papoose Canyon Wilderness. + (c) West Elk Addition.--Certain lands in the State of Colorado +administered by the Gunnison Field Office of the Bureau of Land +Management, the United States National Park Service, and the Bureau of +Reclamation, which comprise approximately 6,695 acres, as generally +depicted on a map titled ``West Elk Addition Proposed Wilderness'', +dated October 9, 2019, are hereby designated as wilderness and, +therefore, as components of the National Wilderness Preservation System +and are hereby incorporated in and shall be deemed to be a part of the +West Elk Wilderness designated by Public Law 88-577. The boundary +adjacent to Blue Mesa Reservoir shall be 50 feet landward from the +water's edge, and shall change according to the water level. + (d) Blue Mesa Reservoir.--If the Bureau of Reclamation determines +that lands within the West Elk Wilderness Addition are necessary for +future expansion of the Blue Mesa Reservoir, the Secretary shall by +publication of a revised boundary description in the Federal Register +revise the boundary of the West Elk Wilderness Addition. + (e) Maps and Descriptions.--As soon as practicable after the date +of enactment of the Act, the Secretary shall file a map and a boundary +description of each area designated as wilderness by this section with +the Committee on Natural Resources of the House of Representatives and +the Committee on Energy and Natural Resources of the Senate. Each map +and boundary description shall have the same force and effect as if +included in this title, except that the Secretary may correct clerical +and typographical errors in the map or boundary description. The maps +and boundary descriptions shall be on file and available for public +inspection in the Office of the Director of the Bureau of Land +Management, Department of the Interior, and in the Office of the Chief +of the Forest Service, Department of Agriculture, as appropriate. + (f) State and Private Lands.--Lands within the exterior boundaries +of any wilderness area designated under this section that are owned by +a private entity or by the State of Colorado, including lands +administered by the Colorado State Land Board, shall be included within +such wilderness area if such lands are acquired by the United States. +Such lands may be acquired by the United States only as provided in the +Wilderness Act (16 U.S.C. 1131 et seq.). + +SEC. 20103. ADMINISTRATIVE PROVISIONS. + + (a) In General.--Subject to valid existing rights, lands designated +as wilderness by this title shall be managed by the Secretary in +accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this +title, except that, with respect to any wilderness areas designated by +this title, any reference in the Wilderness Act to the effective date +of the Wilderness Act shall be deemed to be a reference to the date of +enactment of this Act. + (b) Grazing.--Grazing of livestock in wilderness areas designated +by this title shall be administered in accordance with the provisions +of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as +further interpreted by section 108 of Public Law 96-560, and the +guidelines set forth in appendix A of House Report 101-405 of the 101st +Congress. + (c) State Jurisdiction.--As provided in section 4(d)(7) of the +Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title shall be +construed as affecting the jurisdiction or responsibilities of the +State of Colorado with respect to wildlife and fish in Colorado. + (d) Buffer Zones.-- + (1) In general.--Nothing in this title creates a protective + perimeter or buffer zone around any area designated as + wilderness by this title. + (2) Activities outside wilderness.--The fact that an + activity or use on land outside the areas designated as + wilderness by this title can be seen or heard within the + wilderness shall not preclude the activity or use outside the + boundary of the wilderness. + (e) Military Helicopter Overflights and Operations.-- + (1) In general.--Nothing in this title restricts or + precludes-- + (A) low-level overflights of military helicopters + over the areas designated as wilderness by this title, + including military overflights that can be seen or + heard within any wilderness area; + (B) military flight testing and evaluation; + (C) the designation or creation of new units of + special use airspace, or the establishment of military + flight training routes over any wilderness area; or + (D) helicopter operations at designated landing + zones within the potential wilderness areas established + by subsection (i)(1). + (2) Aerial navigation training exercises.--The Colorado + Army National Guard, through the High-Altitude Army National + Guard Aviation Training Site, may conduct aerial navigation + training maneuver exercises over, and associated operations + within, the potential wilderness areas designated by this + title-- + (A) in a manner and degree consistent with the + memorandum of understanding dated August 4, 1987, + entered into among the Colorado Army National Guard, + the Bureau of Land Management, and the Forest Service; + or + (B) in a manner consistent with any subsequent + memorandum of understanding entered into among the + Colorado Army National Guard, the Bureau of Land + Management, and the Forest Service. + (f) Running Events.--The Secretary may continue to authorize +competitive running events currently permitted in the Redcloud Peak +Wilderness Area and Handies Peak Wilderness Area in a manner compatible +with the preservation of such areas as wilderness. + (g) Land Trades.--If the Secretary trades privately owned land +within the perimeter of the Redcloud Peak Wilderness Area or the +Handies Peak Wilderness Area in exchange for Federal land, then such +Federal land shall be located in Hinsdale County, Colorado. + (h) Recreational Climbing.--Nothing in this title prohibits +recreational rock climbing activities in the wilderness areas, such as +the placement, use, and maintenance of fixed anchors, including any +fixed anchor established before the date of the enactment of this Act-- + (1) in accordance with the Wilderness Act (16 U.S.C. 1131 + et seq.); and + (2) subject to any terms and conditions determined to be + necessary by the Secretary. + (i) Potential Wilderness Designations.-- + (1) In general.--The following lands are designated as + potential wilderness areas: + (A) Certain lands managed by the Colorado River + Valley Field Office of the Bureau of Land Management, + which comprise approximately 7,376 acres, as generally + depicted on a map titled ``Pisgah East & West Proposed + Wilderness'' and dated October 16, 2019, which, upon + designation as wilderness under paragraph (2), shall be + known as the Pisgah East Wilderness. + (B) Certain lands managed by the Colorado River + Valley Field Office of the Bureau of Land Management, + which comprise approximately 6,828 acres, as generally + depicted on a map titled ``Pisgah East & West Proposed + Wilderness'' and dated October 16, 2019, which, upon + designation as wilderness under paragraph (2), shall be + known as the Pisgah West Wilderness. + (C) Certain lands managed by the Colorado River + Valley Field Office of the Bureau of Land Management or + located in the White River National Forest, which + comprise approximately 16,101 acres, as generally + depicted on a map titled ``Flat Tops Proposed + Wilderness Addition'', dated October 9, 2019, and + which, upon designation as wilderness under paragraph + (2), shall be incorporated in and shall be deemed to be + a part of the Flat Tops Wilderness designated by Public + Law 94-146. + (2) Designation as wilderness.--Lands designated as a + potential wilderness area by subparagraphs (A) through (C) of + paragraph (1) shall be designated as wilderness on the date on + which the Secretary publishes in the Federal Register a notice + that all nonconforming uses of those lands authorized by + subsection (e) in the potential wilderness area that would be + in violation of the Wilderness Act (16 U.S.C. 1131 et seq.) + have ceased. Such publication in the Federal Register and + designation as wilderness shall occur for the potential + wilderness area as the nonconforming uses cease in that + potential wilderness area and designation as wilderness is not + dependent on cessation of nonconforming uses in the other + potential wilderness area. + (3) Management.--Except for activities provided for under + subsection (e), lands designated as a potential wilderness area + by paragraph (1) shall be managed by the Secretary in + accordance with the Wilderness Act as wilderness pending the + designation of such lands as wilderness under this subsection. + +SEC. 20104. WATER. + + (a) Effect on Water Rights.--Nothing in this title-- + (1) affects the use or allocation, in existence on the date + of enactment of this Act, of any water, water right, or + interest in water; + (2) affects any vested absolute or decreed conditional + water right in existence on the date of enactment of this Act, + including any water right held by the United States; + (3) affects any interstate water compact in existence on + the date of enactment of this Act; + (4) authorizes or imposes any new reserved Federal water + rights; and + (5) shall be considered to be a relinquishment or reduction + of any water rights reserved or appropriated by the United + States in the State of Colorado on or before the date of the + enactment of this Act. + (b) Midstream Areas.-- + (1) Purpose.--The purpose of this subsection is to protect + for the benefit and enjoyment of present and future + generations-- + (A) the unique and nationally important values of + areas designated as wilderness by section 20102(b) + (including the geological, cultural, archaeological, + paleontological, natural, scientific, recreational, + environmental, biological, wilderness, wildlife, + riparian, historical, educational, and scenic resources + of the public land); and + (B) the water resources of area streams, based on + seasonally available flows, that are necessary to + support aquatic, riparian, and terrestrial species and + communities. + (2) Wilderness water rights.-- + (A) In general.--The Secretary shall ensure that + any water rights within the wilderness designated by + section 20102(b) required to fulfill the purposes of + such wilderness are secured in accordance with + subparagraphs (B) through (G). + (B) State law.-- + (i) Procedural requirements.--Any water + rights for which the Secretary pursues + adjudication shall be appropriated, + adjudicated, changed, and administered in + accordance with the procedural requirements and + priority system of State law. + (ii) Establishment of water rights.-- + (I) In general.--Except as provided + in subclause (II), the purposes and + other substantive characteristics of + the water rights pursued under this + paragraph shall be established in + accordance with State law. + (II) Exception.--Notwithstanding + subclause (I) and in accordance with + this title, the Secretary may + appropriate and seek adjudication of + water rights to maintain surface water + levels and stream flows on and across + the wilderness designated by section + 20102(b) to fulfill the purposes of + such wilderness. + (C) Deadline.--The Secretary shall promptly, but + not earlier than January 1, 2021, appropriate the water + rights required to fulfill the purposes of the + wilderness designated by section 20102(b). + (D) Required determination.--The Secretary shall + not pursue adjudication for any instream flow water + rights unless the Secretary makes a determination + pursuant to subparagraph (E)(ii) or (F). + (E) Cooperative enforcement.-- + (i) In general.--The Secretary shall not + pursue adjudication of any Federal instream + flow water rights established under this + paragraph if-- + (I) the Secretary determines, upon + adjudication of the water rights by the + Colorado Water Conservation Board, that + the Board holds water rights sufficient + in priority, amount, and timing to + fulfill the purposes of this + subsection; and + (II) the Secretary has entered into + a perpetual agreement with the Colorado + Water Conservation Board to ensure full + exercise, protection, and enforcement + of the State water rights within the + wilderness to reliably fulfill the + purposes of this subsection. + (ii) Adjudication.--If the Secretary + determines that the provisions of clause (i) + have not been met, the Secretary shall + adjudicate and exercise any Federal water + rights required to fulfill the purposes of the + wilderness in accordance with this paragraph. + (F) Insufficient water rights.--If the Colorado + Water Conservation Board modifies the instream flow + water rights obtained under subparagraph (E) to such a + degree that the Secretary determines that water rights + held by the State are insufficient to fulfill the + purposes of this title, the Secretary shall adjudicate + and exercise Federal water rights required to fulfill + the purposes of this title in accordance with + subparagraph (B). + (G) Failure to comply.--The Secretary shall + promptly act to exercise and enforce the water rights + described in subparagraph (E) if the Secretary + determines that-- + (i) the State is not exercising its water + rights consistent with subparagraph (E)(i)(I); + or + (ii) the agreement described in + subparagraph (E)(i)(II) is not fulfilled or + complied with sufficiently to fulfill the + purposes of this title. + (3) Water resource facility.--Notwithstanding any other + provision of law, beginning on the date of enactment of this + title, neither the President nor any other officer, employee, + or agent of the United States shall fund, assist, authorize, or + issue a license or permit for development of any new irrigation + and pumping facility, reservoir, water conservation work, + aqueduct, canal, ditch, pipeline, well, hydropower project, + transmission, other ancillary facility, or other water, + diversion, storage, or carriage structure in the wilderness + designated by section 20102(b). + (c) Access and Operation.-- + (1) Definition.--As used in this subsection, the term + ``water resource facility'' means irrigation and pumping + facilities, reservoirs, water conservation works, aqueducts, + canals, ditches, pipelines, wells, hydropower projects, + transmission and other ancillary facilities, and other water + diversion, storage, and carriage structures. + (2) Access to water resource facilities.--Subject to the + provisions of this subsection, the Secretary shall allow + reasonable access to water resource facilities in existence on + the date of enactment of this Act within the areas described in + sections 20102(b) and 20102(c), including motorized access + where necessary and customarily employed on routes existing as + of the date of enactment of this Act. + (3) Access routes.--Existing access routes within such + areas customarily employed as of the date of enactment of this + Act may be used, maintained, repaired, and replaced to the + extent necessary to maintain their present function, design, + and serviceable operation, so long as such activities have no + increased adverse impacts on the resources and values of the + areas described in sections 20102(b) and 20102(c) than existed + as of the date of enactment of this Act. + (4) Use of water resource facilities.--Subject to the + provisions of this subsection and subsection (a)(4), the + Secretary shall allow water resource facilities existing on the + date of enactment of this Act within areas described in + sections 20102(b) and 20102(c) to be used, operated, + maintained, repaired, and replaced to the extent necessary for + the continued exercise, in accordance with Colorado State law, + of vested water rights adjudicated for use in connection with + such facilities by a court of competent jurisdiction prior to + the date of enactment of this Act. The impact of an existing + facility on the water resources and values of the area shall + not be increased as a result of changes in the adjudicated type + of use of such facility as of the date of enactment of this + Act. + (5) Repair and maintenance.--Water resource facilities, and + access routes serving such facilities, existing within the + areas described in sections 20102(b) and 20102(c) on the date + of enactment of this Act shall be maintained and repaired when + and to the extent necessary to prevent increased adverse + impacts on the resources and values of the areas described in + sections 20102(b) and 20102(c). + +SEC. 20105. SENSE OF CONGRESS. + + It is the sense of Congress that military aviation training on +Federal public lands in Colorado, including the training conducted at +the High-Altitude Army National Guard Aviation Training Site, is +critical to the national security of the United States and the +readiness of the Armed Forces. + +SEC. 20106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE EXPANSION + OF WILDERNESS DESIGNATIONS IN THE WESTERN UNITED STATES + WOULD HAVE ON THE READINESS OF THE ARMED FORCES OF THE + UNITED STATES WITH RESPECT TO AVIATION TRAINING. + + (a) Study Required.--The Secretary of Defense shall conduct a study +on the impacts that the expansion of wilderness designations in the +Western United States would have on the readiness of the Armed Forces +of the United States with respect to aviation training. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall submit to the Committees on +Armed Services of the Senate and House of Representatives a report on +the study required under subsection (a). + + TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING + FORESTS + +SEC. 20201. SHORT TITLE. + + This title may be cited as the ``Northwest California Wilderness, +Recreation, and Working Forests Act''. + +SEC. 20202. DEFINITIONS. + + In this title: + (1) Secretary.--The term ``Secretary'' means-- + (A) with respect to land under the jurisdiction of + the Secretary of Agriculture, the Secretary of + Agriculture; and + (B) with respect to land under the jurisdiction of + the Secretary of the Interior, the Secretary of the + Interior. + (2) State.--The term ``State'' means the State of + California. + + Subtitle A--Restoration and Economic Development + +SEC. 20211. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA. + + (a) Definitions.--In this section: + (1) Collaboratively developed.--The term ``collaboratively + developed'' means projects that are developed and implemented + through a collaborative process that-- + (A) includes-- + (i) appropriate Federal, State, and local + agencies; and + (ii) multiple interested persons + representing diverse interests; and + (B) is transparent and nonexclusive. + (2) Plantation.--The term ``plantation'' means a forested + area that has been artificially established by planting or + seeding. + (3) Restoration.--The term ``restoration'' means the + process of assisting the recovery of an ecosystem that has been + degraded, damaged, or destroyed by establishing the + composition, structure, pattern, and ecological processes + necessary to facilitate terrestrial and aquatic ecosystem + sustainability, resilience, and health under current and future + conditions. + (4) Restoration area.--The term ``restoration area'' means + the South Fork Trinity-Mad River Restoration Area, established + by subsection (b). + (5) Shaded fuel break.--The term ``shaded fuel break'' + means a vegetation treatment that effectively addresses all + project-generated slash and that retains: adequate canopy cover + to suppress plant regrowth in the forest understory following + treatment; the longest lived trees that provide the most shade + over the longest period of time; the healthiest and most + vigorous trees with the greatest potential for crown-growth in + plantations and in natural stands adjacent to plantations; and + all mature hardwoods, when practicable. + (6) Stewardship contract.--The term ``stewardship + contract'' means an agreement or contract entered into under + section 604 of the Healthy Forests Restoration Act of 2003 (16 + U.S.C. 6591c). + (7) Wildland-urban interface.--The term ``wildland-urban + interface'' has the meaning given the term by section 101 of + the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). + (b) Establishment.--Subject to valid existing rights, there is +established the South Fork Trinity-Mad River Restoration Area, +comprising approximately 729,089 acres of Federal land administered by +the Forest Service and approximately 1,280 acres of Federal land +administered by the Bureau of Land Management, as generally depicted on +the map entitled ``South Fork Trinity-Mad River Restoration Area-- +Proposed'' and dated July 3, 2018, to be known as the South Fork +Trinity-Mad River Restoration Area. + (c) Purposes.--The purposes of the restoration area are to-- + (1) establish, restore, and maintain fire-resilient forest + structures containing late successional forest structure + characterized by large trees and multistoried canopies, as + ecologically appropriate; + (2) protect late successional reserves; + (3) enhance the restoration of Federal lands within the + restoration area; + (4) reduce the threat posed by wildfires to communities + within the restoration area; + (5) protect and restore aquatic habitat and anadromous + fisheries; + (6) protect the quality of water within the restoration + area; and + (7) allow visitors to enjoy the scenic, recreational, + natural, cultural, and wildlife values of the restoration area. + (d) Management.-- + (1) In general.--The Secretary shall manage the restoration + area-- + (A) in a manner consistent with the purposes + described in subsection (c); + (B) in a manner that-- + (i) in the case of the Forest Service, + prioritizes restoration of the restoration area + over other nonemergency vegetation management + projects on the portions of the Six Rivers and + Shasta-Trinity National Forests in Humboldt and + Trinity Counties; and + (ii) in the case of the United States Fish + and Wildlife Service, establishes with the + Forest Service an agreement for cooperation to + ensure timely completion of consultation + required by section 7 of the Endangered Species + Act (15 U.S.C. 1536) on restoration projects + within the restoration area and agreement to + maintain and exchange information on planning + schedules and priorities on a regular basis; + (C) in accordance with-- + (i) the laws (including regulations) and + rules applicable to the National Forest System + for land managed by the Forest Service; + (ii) the Federal Land Policy and Management + Act of 1976 (43 U.S.C. 1701 et seq.) for land + managed by the Bureau of Land Management; + (iii) this title; and + (iv) any other applicable law (including + regulations); and + (D) in a manner consistent with congressional + intent that consultation for restoration projects + within the restoration area is completed in a timely + and efficient manner. + (2) Conflict of laws.-- + (A) In general.--The establishment of the + restoration area shall not change the management status + of any land or water that is designated wilderness or + as a wild and scenic river, including lands and waters + designated by this title. + (B) Resolution of conflict.--If there is a conflict + between the laws applicable to the areas described in + subparagraph (A) and this section, the more restrictive + provision shall control. + (3) Uses.-- + (A) In general.--The Secretary shall only allow + uses of the restoration area that the Secretary + determines would further the purposes described in + subsection (c). + (B) Priority.--The Secretary shall prioritize + restoration activities within the restoration area. + (C) Limitation.--Nothing in this section shall + limit the Secretary's ability to plan, approve, or + prioritize activities outside of the restoration area. + (4) Wildland fire.-- + (A) In general.--Nothing in this section prohibits + the Secretary, in cooperation with other Federal, + State, and local agencies, as appropriate, from + conducting wildland fire operations in the restoration + area, consistent with the purposes of this section. + (B) Priority.--The Secretary may use prescribed + burning and managed wildland fire to the fullest extent + practicable to achieve the purposes of this section. + (5) Road decommissioning.-- + (A) In general.--To the extent practicable, the + Secretary shall decommission unneeded National Forest + System roads identified for decommissioning and + unauthorized roads identified for decommissioning + within the restoration area-- + (i) subject to appropriations; + (ii) consistent with the analysis required + by subparts A and B of part 212 of title 36, + Code of Federal Regulations; and + (iii) in accordance with existing law. + (B) Additional requirement.--In making + determinations regarding road decommissioning under + subparagraph (A), the Secretary shall consult with-- + (i) appropriate State, Tribal, and local + governmental entities; and + (ii) members of the public. + (C) Definition.--As used in subparagraph (A), the + term ``decommission'' means-- + (i) to reestablish vegetation on a road; + and + (ii) to restore any natural drainage, + watershed function, or other ecological + processes that are disrupted or adversely + impacted by the road by removing or + hydrologically disconnecting the road prism. + (6) Vegetation management.-- + (A) In general.--Subject to subparagraphs (B), (C), + and (D), the Secretary may conduct vegetation + management projects in the restoration area only where + necessary to-- + (i) maintain or restore the characteristics + of ecosystem composition and structure; + (ii) reduce wildfire risk to communities by + promoting forests that are fire resilient; + (iii) improve the habitat of threatened, + endangered, or sensitive species; + (iv) protect or improve water quality; or + (v) enhance the restoration of lands within + the restoration area. + (B) Additional requirements.-- + (i) Shaded fuel breaks.--In carrying out + subparagraph (A), the Secretary shall + prioritize, as practicable, the establishment + of a network of shaded fuel breaks within-- + (I) the portions of the wildland- + urban interface that are within 150 + feet from private property contiguous + to Federal land; + (II) 150 feet from any road that is + open to motorized vehicles as of the + date of enactment of this Act-- + (aa) except that, where + topography or other conditions + require, the Secretary may + establish shaded fuel breaks up + to 275 feet from a road so long + as the combined total width of + the shaded fuel breaks for both + sides of the road does not + exceed 300 feet; and + (bb) provided that the + Secretary shall include + vegetation treatments within a + minimum of 25 feet of the road + where practicable, feasible, + and appropriate as part of any + shaded fuel break; or + (III) 150 feet of any plantation. + (ii) Plantations; riparian reserves.--The + Secretary may undertake vegetation management + projects-- + (I) in areas within the restoration + area in which fish and wildlife habitat + is significantly compromised as a + result of past management practices + (including plantations); and + (II) within designated riparian + reserves only where necessary to + maintain the integrity of fuel breaks + and to enhance fire resilience. + (C) Compliance.--The Secretary shall carry out + vegetation management projects within the restoration + area-- + (i) in accordance with-- + (I) this section; and + (II) existing law (including + regulations); + (ii) after providing an opportunity for + public comment; and + (iii) subject to appropriations. + (D) Best available science.--The Secretary shall + use the best available science in planning and + implementing vegetation management projects within the + restoration area. + (7) Grazing.-- + (A) Existing grazing.--The grazing of livestock in + the restoration area, where established before the date + of enactment of this Act, shall be permitted to + continue-- + (i) subject to-- + (I) such reasonable regulations, + policies, and practices as the + Secretary considers necessary; and + (II) applicable law (including + regulations); and + (ii) in a manner consistent with the + purposes described in subsection (c). + (B) Targeted new grazing.--The Secretary may issue + annual targeted grazing permits for the grazing of + livestock in the restoration area, where not + established before the date of the enactment of this + Act, to control noxious weeds, aid in the control of + wildfire within the wildland-urban interface, or to + provide other ecological benefits subject to-- + (i) such reasonable regulations, policies, + and practices as the Secretary considers + necessary; and + (ii) a manner consistent with the purposes + described in subsection (c). + (C) Best available science.--The Secretary shall + use the best available science when determining whether + to issue targeted grazing permits within the + restoration area. + (e) Withdrawal.--Subject to valid existing rights, the restoration +area is withdrawn from-- + (1) all forms of entry, appropriation, and disposal under + the public land laws; + (2) location, entry, and patent under the mining laws; and + (3) disposition under all laws relating to mineral and + geothermal leasing or mineral materials. + (f) Use of Stewardship Contracts.--To the maximum extent +practicable, the Secretary shall-- + (1) use stewardship contracts to implement this section; + and + (2) use revenue derived from such stewardship contracts for + restoration and other activities within the restoration area + which shall include staff and administrative costs to support + timely consultation activities for restoration projects. + (g) Collaboration.--In developing and implementing restoration +projects in the restoration area, the Secretary shall consult with +collaborative groups with an interest in the restoration area. + (h) Environmental Review.--A collaboratively developed restoration +project within the restoration area may be carried out in accordance +with the provisions for hazardous fuel reduction projects set forth in +sections 214, 215, and 216 of the Healthy Forests Restoration Act of +2003 (16 U.S.C. 6514-6516), as applicable. + (i) Multiparty Monitoring.--The Secretary of Agriculture shall-- + (1) in collaboration with the Secretary of the Interior and + interested persons, use a multiparty monitoring, evaluation, + and accountability process to assess the positive or negative + ecological, social, and economic effects of restoration + projects within the restoration area; and + (2) incorporate the monitoring results into the management + of the restoration area. + (j) Funding.--The Secretary shall use all existing authorities to +secure as much funding as necessary to fulfill the purposes of the +restoration area. + (k) Forest Residues Utilization.-- + (1) In general.--In accordance with applicable law, + including regulations, and this section, the Secretary may + utilize forest residues from restoration projects, including + shaded fuel breaks, in the restoration area for research and + development of biobased products that result in net carbon + sequestration. + (2) Partnerships.--In carrying out paragraph (1), the + Secretary may enter into partnerships with universities, + nongovernmental organizations, industry, Tribes, and Federal, + State, and local governmental agencies. + +SEC. 20212. REDWOOD NATIONAL AND STATE PARKS RESTORATION. + + (a) Partnership Agreements.--The Secretary of the Interior is +authorized to undertake initiatives to restore degraded redwood forest +ecosystems in Redwood National and State Parks in partnership with the +State of California, local agencies, and nongovernmental organizations. + (b) Compliance.--In carrying out any initiative authorized by +subsection (a), the Secretary of the Interior shall comply with all +applicable law. + +SEC. 20213. CALIFORNIA PUBLIC LANDS REMEDIATION PARTNERSHIP. + + (a) Definitions.--In this section: + (1) Partnership.--The term ``partnership'' means the + California Public Lands Remediation Partnership, established by + subsection (b). + (2) Priority lands.--The term ``priority lands'' means + Federal land within the State that is determined by the + partnership to be a high priority for remediation. + (3) Remediation.--The term ``remediation'' means to + facilitate the recovery of lands and waters that have been + degraded, damaged, or destroyed by illegal marijuana + cultivation or another illegal activity. Remediation includes + but is not limited to removal of trash, debris, and other + material, and establishing the composition, structure, pattern, + and ecological processes necessary to facilitate terrestrial + and aquatic ecosystem sustainability, resilience, and health + under current and future conditions. + (b) Establishment.--There is hereby established a California Public +Lands Remediation Partnership. + (c) Purposes.--The purposes of the partnership are to-- + (1) coordinate the activities of Federal, State, Tribal, + and local authorities, and the private sector, in the + remediation of priority lands in the State affected by illegal + marijuana cultivation or other illegal activities; and + (2) use the resources and expertise of each agency, + authority, or entity in implementing remediation activities on + priority lands in the State. + (d) Membership.--The members of the partnership shall include the +following: + (1) The Secretary of Agriculture, or a designee of the + Secretary of Agriculture to represent the Forest Service. + (2) The Secretary of the Interior, or a designee of the + Secretary of the Interior, to represent the United States Fish + and Wildlife Service, Bureau of Land Management, and National + Park Service. + (3) The Director of the Office of National Drug Control + Policy, or a designee of the Director. + (4) The Secretary of the State Natural Resources Agency, or + a designee of the Secretary, to represent the California + Department of Fish and Wildlife. + (5) A designee of the California State Water Resources + Control Board. + (6) A designee of the California State Sheriffs' + Association. + (7) One member to represent federally recognized Indian + Tribes, to be appointed by the Secretary of Agriculture. + (8) One member to represent nongovernmental organizations + with an interest in Federal land remediation, to be appointed + by the Secretary of Agriculture. + (9) One member to represent local governmental interests, + to be appointed by the Secretary of Agriculture. + (10) A law enforcement official from each of the following: + (A) The Department of the Interior. + (B) The Department of Agriculture. + (11) A scientist to provide expertise and advise on methods + needed for remediation efforts, to be appointed by the + Secretary of Agriculture. + (12) A designee of the National Guard Counter Drug Program. + (e) Duties.--To further the purposes of this section, the +partnership shall-- + (1) identify priority lands for remediation in the State; + (2) secure resources from Federal and non-Federal sources + to apply to remediation of priority lands in the State; + (3) support efforts by Federal, State, Tribal, and local + agencies, and nongovernmental organizations in carrying out + remediation of priority lands in the State; + (4) support research and education on the impacts of, and + solutions to, illegal marijuana cultivation and other illegal + activities on priority lands in the State; + (5) involve other Federal, State, Tribal, and local + agencies, nongovernmental organizations, and the public in + remediation efforts, to the extent practicable; and + (6) take any other administrative or advisory actions as + necessary to address remediation of priority lands in the + State. + (f) Authorities.--To implement this section, the partnership may, +subject to the prior approval of the Secretary of Agriculture-- + (1) make grants to the State, political subdivisions of the + State, nonprofit organizations, and other persons; + (2) enter into cooperative agreements with, or provide + grants or technical assistance to, the State, political + subdivisions of the State, nonprofit organizations, Federal + agencies, and other interested parties; + (3) hire and compensate staff; + (4) obtain funds or services from any source, including + Federal and non-Federal funds, and funds and services provided + under any other Federal law or program; + (5) contract for goods or services; and + (6) support activities of partners and any other activities + that further the purposes of this section. + (g) Procedures.--The partnership shall establish such rules and +procedures as it deems necessary or desirable. + (h) Local Hiring.--The partnership shall, to the maximum extent +practicable and in accordance with existing law, give preference to +local entities and persons when carrying out this section. + (i) Service Without Compensation.--Members of the partnership shall +serve without pay. + (j) Duties and Authorities of the Secretary of Agriculture.-- + (1) In general.--The Secretary of Agriculture shall convene + the partnership on a regular basis to carry out this section. + (2) Technical and financial assistance.--The Secretary of + Agriculture and Secretary of the Interior may provide technical + and financial assistance, on a reimbursable or nonreimbursable + basis, as determined by the appropriate Secretary, to the + partnership or any members of the partnership to carry out this + title. + (3) Cooperative agreements.--The Secretary of Agriculture + and Secretary of the Interior may enter into cooperative + agreements with the partnership, any members of the + partnership, or other public or private entities to provide + technical, financial, or other assistance to carry out this + title. + +SEC. 20214. TRINITY LAKE VISITOR CENTER. + + (a) In General.--The Secretary of Agriculture, acting through the +Chief of the Forest Service, may establish, in cooperation with any +other public or private entities that the Secretary may determine to be +appropriate, a visitor center in Weaverville, California-- + (1) to serve visitors; and + (2) to assist in fulfilling the purposes of the + Whiskeytown-Shasta-Trinity National Recreation Area. + (b) Requirements.--The Secretary shall ensure that the visitor +center authorized under subsection (a) is designed to interpret the +scenic, biological, natural, historical, scientific, paleontological, +recreational, ecological, wilderness, and cultural resources of the +Whiskeytown-Shasta-Trinity National Recreation Area and other nearby +Federal lands. + (c) Cooperative Agreements.--The Secretary of Agriculture may, in a +manner consistent with this title, enter into cooperative agreements +with the State and any other appropriate institutions and organizations +to carry out the purposes of this section. + +SEC. 20215. DEL NORTE COUNTY VISITOR CENTER. + + (a) In General.--The Secretary of Agriculture and Secretary of the +Interior, acting jointly or separately, may establish, in cooperation +with any other public or private entities that the Secretaries +determine to be appropriate, a visitor center in Del Norte County, +California-- + (1) to serve visitors; and + (2) to assist in fulfilling the purposes of Redwood + National and State Parks, the Smith River National Recreation + Area, and other nearby Federal lands. + (b) Requirements.--The Secretaries shall ensure that the visitor +center authorized under subsection (a) is designed to interpret the +scenic, biological, natural, historical, scientific, paleontological, +recreational, ecological, wilderness, and cultural resources of Redwood +National and State Parks, the Smith River National Recreation Area, and +other nearby Federal lands. + +SEC. 20216. MANAGEMENT PLANS. + + (a) In General.--In revising the land and resource management plan +for the Shasta-Trinity, Six Rivers, Klamath, and Mendocino National +Forests, the Secretary shall-- + (1) consider the purposes of the South Fork Trinity-Mad + River Restoration Area established by section 20211; and + (2) include or update the fire management plan for the + wilderness areas and wilderness additions established by this + title. + (b) Requirement.--In carrying out the revisions required by +subsection (a), the Secretary shall-- + (1) develop spatial fire management plans in accordance + with-- + (A) the Guidance for Implementation of Federal + Wildland Fire Management Policy dated February 13, + 2009, including any amendments to that guidance; and + (B) other appropriate policies; + (2) ensure that a fire management plan-- + (A) considers how prescribed or managed fire can be + used to achieve ecological management objectives of + wilderness and other natural or primitive areas; and + (B) in the case of a wilderness area expanded by + section 20231, provides consistent direction regarding + fire management to the entire wilderness area, + including the addition; + (3) consult with-- + (A) appropriate State, Tribal, and local + governmental entities; and + (B) members of the public; and + (4) comply with applicable laws (including regulations). + +SEC. 20217. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT ACCOMMODATIONS. + + (a) Study.--The Secretary of the Interior, in consultation with +interested Federal, State, Tribal, and local entities, and private and +nonprofit organizations, shall conduct a study to evaluate the +feasibility and suitability of establishing overnight accommodations +near Redwood National and State Parks on-- + (1) Federal land at the northern boundary or on land within + 20 miles of the northern boundary; and + (2) Federal land at the southern boundary or on land within + 20 miles of the southern boundary. + (b) Partnerships.-- + (1) Agreements authorized.--If the study conducted under + subsection (a) determines that establishing the described + accommodations is suitable and feasible, the Secretary may + enter into agreements with qualified private and nonprofit + organizations for the development, operation, and maintenance + of overnight accommodations. + (2) Contents.--Any agreements entered into under paragraph + (1) shall clearly define the role and responsibility of the + Secretary and the private or nonprofit organization. + (3) Compliance.--The Secretary shall enter agreements under + paragraph (1) in accordance with existing law. + (4) Effect.--Nothing in this subsection-- + (A) reduces or diminishes the authority of the + Secretary to manage land and resources under the + jurisdiction of the Secretary; or + (B) amends or modifies the application of any + existing law (including regulations) applicable to land + under the jurisdiction of the Secretary. + + Subtitle B--Recreation + +SEC. 20221. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA. + + (a) Establishment.--Subject to valid existing rights, there is +established the Horse Mountain Special Management Area (referred to in +this section as the ``special management area'') comprising +approximately 7,399 acres of Federal land administered by the Forest +Service in Humboldt County, California, as generally depicted on the +map entitled ``Horse Mountain Special Management Area--Proposed'' and +dated April 13, 2017. + (b) Purposes.--The purpose of the special management area is to +enhance the recreational and scenic values of the special management +area while conserving the plants, wildlife, and other natural resource +values of the area. + (c) Management Plan.-- + (1) In general.--Not later than 3 years after the date of + enactment of this Act and in accordance with paragraph (2), the + Secretary shall develop a comprehensive plan for the long-term + management of the special management area. + (2) Consultation.--In developing the management plan + required under paragraph (1), the Secretary shall consult + with-- + (A) appropriate State, Tribal, and local + governmental entities; and + (B) members of the public. + (3) Additional requirement.--The management plan required + under paragraph (1) shall ensure that recreational use within + the special management area does not cause significant adverse + impacts on the plants and wildlife of the special management + area. + (d) Management.-- + (1) In general.--The Secretary shall manage the special + management area-- + (A) in furtherance of the purposes described in + subsection (b); and + (B) in accordance with-- + (i) the laws (including regulations) + generally applicable to the National Forest + System; + (ii) this section; and + (iii) any other applicable law (including + regulations). + (2) Recreation.--The Secretary shall continue to authorize, + maintain, and enhance the recreational use of the special + management area, including hunting, fishing, camping, hiking, + hang gliding, sightseeing, nature study, horseback riding, + rafting, mountain biking, and motorized recreation on + authorized routes, and other recreational activities, so long + as such recreational use is consistent with the purposes of the + special management area, this section, other applicable law + (including regulations), and applicable management plans. + (3) Motorized vehicles.-- + (A) In general.--Except as provided in subparagraph + (B), the use of motorized vehicles in the special + management area shall be permitted only on roads and + trails designated for the use of motorized vehicles. + (B) Use of snowmobiles.--The winter use of + snowmobiles shall be allowed in the special management + area-- + (i) during periods of adequate snow + coverage during the winter season; and + (ii) subject to any terms and conditions + determined to be necessary by the Secretary. + (4) New trails.-- + (A) In general.--The Secretary may construct new + trails for motorized or nonmotorized recreation within + the special management area in accordance with-- + (i) the laws (including regulations) + generally applicable to the National Forest + System; + (ii) this section; and + (iii) any other applicable law (including + regulations). + (B) Priority.--In establishing new trails within + the special management area, the Secretary shall-- + (i) prioritize the establishment of loops + that provide high-quality, diverse recreational + experiences; and + (ii) consult with members of the public. + (e) Withdrawal.--Subject to valid existing rights, the special +management area is withdrawn from-- + (1) all forms of appropriation or disposal under the public + land laws; + (2) location, entry, and patent under the mining laws; and + (3) disposition under laws relating to mineral and + geothermal leasing. + +SEC. 20222. BIGFOOT NATIONAL RECREATION TRAIL. + + (a) Feasibility Study.-- + (1) In general.--Not later than 3 years after the date of + the enactment of this Act, the Secretary of Agriculture, in + cooperation with the Secretary of the Interior, shall submit to + the Committee on Natural Resources of the House of + Representatives and Committee on Energy and Natural Resources + of the Senate a study that describes the feasibility of + establishing a nonmotorized Bigfoot National Recreation Trail + that follows the route described in paragraph (2). + (2) Route.--The trail described in paragraph (1) shall + extend from the Ides Cove Trailhead in the Mendocino National + Forest to Crescent City, California, by roughly following the + route as generally depicted on the map entitled ``Bigfoot + National Recreation Trail--Proposed'' and dated July 25, 2018. + (3) Additional requirement.--In completing the study + required by subsection (a), the Secretary of Agriculture shall + consult with-- + (A) appropriate Federal, State, Tribal, regional, + and local agencies; + (B) private landowners; + (C) nongovernmental organizations; and + (D) members of the public. + (b) Designation.-- + (1) In general.--Upon a determination that the Bigfoot + National Recreation Trail is feasible and meets the + requirements for a National Recreation Trail in section 1243 of + title 16, United States Code, the Secretary of Agriculture + shall designate the Bigfoot National Recreation Trail in + accordance with-- + (A) the National Trails System Act (Public Law 90- + 543); + (B) this title; and + (C) other applicable law (including regulations). + (2) Administration.--Upon designation by the Secretary of + Agriculture, the Bigfoot National Recreation Trail (referred to + in this section as the ``trail'') shall be administered by the + Secretary of Agriculture, in consultation with-- + (A) other Federal, State, Tribal, regional, and + local agencies; + (B) private landowners; and + (C) other interested organizations. + (3) Private property rights.-- + (A) In general.--No portions of the trail may be + located on non-Federal land without the written consent + of the landowner. + (B) Prohibition.--The Secretary of Agriculture + shall not acquire for the trail any land or interest in + land outside the exterior boundary of any federally + managed area without the consent of the owner of the + land or interest in the land. + (C) Effect.--Nothing in this section-- + (i) requires any private property owner to + allow public access (including Federal, State, + or local government access) to private + property; or + (ii) modifies any provision of Federal, + State, or local law with respect to public + access to or use of private land. + (c) Cooperative Agreements.--In carrying out this section, the +Secretary of Agriculture may enter into cooperative agreements with +State, Tribal, and local government entities and private entities to +complete needed trail construction, reconstruction, realignment, +maintenance, or education projects related to the Bigfoot National +Recreation Trail. + (d) Map.-- + (1) Map required.--Upon designation of the Bigfoot National + Recreation Trail, the Secretary of Agriculture shall prepare a + map of the trail. + (2) Public availability.--The map referred to in paragraph + (1) shall be on file and available for public inspection in the + appropriate offices of the Forest Service. + +SEC. 20223. ELK CAMP RIDGE RECREATION TRAIL. + + (a) Designation.-- + (1) In general.--In accordance with paragraph (2), the + Secretary of Agriculture after an opportunity for public + comment, shall designate a trail (which may include a system of + trails)-- + (A) for use by off-highway vehicles or mountain + bicycles, or both; and + (B) to be known as the Elk Camp Ridge Recreation + Trail. + (2) Requirements.--In designating the Elk Camp Ridge + Recreation Trail (referred to in this section as the + ``trail''), the Secretary shall only include trails that are-- + (A) as of the date of enactment of this Act, + authorized for use by off-highway vehicles or mountain + bikes, or both; and + (B) located on land that is managed by the Forest + Service in Del Norte County. + (3) Map.--A map that depicts the trail shall be on file and + available for public inspection in the appropriate offices of + the Forest Service. + (b) Management.-- + (1) In general.--The Secretary shall manage the trail-- + (A) in accordance with applicable laws (including + regulations); + (B) to ensure the safety of citizens who use the + trail; and + (C) in a manner by which to minimize any damage to + sensitive habitat or cultural resources. + (2) Monitoring; evaluation.--To minimize the impacts of the + use of the trail on environmental and cultural resources, the + Secretary shall annually assess the effects of the use of off- + highway vehicles and mountain bicycles on-- + (A) the trail; + (B) land located in proximity to the trail; and + (C) plants, wildlife, and wildlife habitat. + (3) Closure.--The Secretary, in consultation with the State + and Del Norte County, and subject to paragraph (4), may + temporarily close or permanently reroute a portion of the trail + if the Secretary determines that-- + (A) the trail is having an adverse impact on-- + (i) wildlife habitats; + (ii) natural resources; + (iii) cultural resources; or + (iv) traditional uses; + (B) the trail threatens public safety; or + (C) closure of the trail is necessary-- + (i) to repair damage to the trail; or + (ii) to repair resource damage. + (4) Rerouting.--Any portion of the trail that is + temporarily closed by the Secretary under paragraph (3) may be + permanently rerouted along any road or trail-- + (A) that is-- + (i) in existence as of the date of the + closure of the portion of the trail; + (ii) located on public land; and + (iii) open to motorized or mechanized use; + and + (B) if the Secretary determines that rerouting the + portion of the trail would not significantly increase + or decrease the length of the trail. + (5) Notice of available routes.--The Secretary shall ensure + that visitors to the trail have access to adequate notice + relating to the availability of trail routes through-- + (A) the placement of appropriate signage along the + trail; and + (B) the distribution of maps, safety education + materials, and other information that the Secretary + concerned determines to be appropriate. + (c) Effect.--Nothing in this section affects the ownership, +management, or other rights relating to any non-Federal land (including +any interest in any non-Federal land). + +SEC. 20224. TRINITY LAKE TRAIL. + + (a) Trail Construction.-- + (1) Feasibility study.--Not later than 18 months after the + date of enactment of this Act, the Secretary shall study the + feasibility and public interest of constructing a recreational + trail for nonmotorized uses around Trinity Lake. + (2) Construction.-- + (A) Construction authorized.--Subject to + appropriations, and in accordance with paragraph (3), + if the Secretary determines under paragraph (1) that + the construction of the trail described in such + paragraph is feasible and in the public interest, the + Secretary may provide for the construction of the + trail. + (B) Use of volunteer services and contributions.-- + The trail may be constructed under this section through + the acceptance of volunteer services and contributions + from non-Federal sources to reduce or eliminate the + need for Federal expenditures to construct the trail. + (3) Compliance.--In carrying out this section, the + Secretary shall comply with-- + (A) the laws (including regulations) generally + applicable to the National Forest System; and + (B) this title. + (b) Effect.--Nothing in this section affects the ownership, +management, or other rights relating to any non-Federal land (including +any interest in any non-Federal land). + +SEC. 20225. TRAILS STUDY. + + (a) In General.--Not later than 2 years after the date of enactment +of this Act, the Secretary of Agriculture, in accordance with +subsection (b) and in consultation with interested parties, shall +conduct a study to improve motorized and nonmotorized recreation trail +opportunities (including mountain bicycling) on land not designated as +wilderness within the portions of the Six Rivers, Shasta-Trinity, and +Mendocino National Forests located in Del Norte, Humboldt, Trinity, and +Mendocino Counties. + (b) Consultation.--In carrying out the study required by subsection +(a), the Secretary of Agriculture shall consult with the Secretary of +the Interior regarding opportunities to improve, through increased +coordination, recreation trail opportunities on land under the +jurisdiction of the Secretary of the Interior that shares a boundary +with the national forest land described in subsection (a). + +SEC. 20226. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES. + + (a) Trail Construction.-- + (1) Feasibility study.--Not later than 18 months after the + date of enactment of this Act, the Secretary of Agriculture + shall study the feasibility and public interest of constructing + recreational trails for mountain bicycling and other + nonmotorized uses on the routes as generally depicted in the + report entitled ``Trail Study for Smith River National + Recreation Area Six Rivers National Forest'' and dated 2016. + (2) Construction.-- + (A) Construction authorized.--Subject to + appropriations, and in accordance with paragraph (3), + if the Secretary determines under paragraph (1) that + the construction of one or more routes described in + such paragraph is feasible and in the public interest, + the Secretary may provide for the construction of the + routes. + (B) Modifications.--The Secretary may modify the + routes as necessary in the opinion of the Secretary. + (C) Use of volunteer services and contributions.-- + Routes may be constructed under this section through + the acceptance of volunteer services and contributions + from non-Federal sources to reduce or eliminate the + need for Federal expenditures to construct the route. + (3) Compliance.--In carrying out this section, the + Secretary shall comply with-- + (A) the laws (including regulations) generally + applicable to the National Forest System; and + (B) this title. + (b) Effect.--Nothing in this section affects the ownership, +management, or other rights relating to any non-Federal land (including +any interest in any non-Federal land). + +SEC. 20227. PARTNERSHIPS. + + (a) Agreements Authorized.--The Secretary is authorized to enter +into agreements with qualified private and nonprofit organizations to +undertake the following activities on Federal lands in Mendocino, +Humboldt, Trinity, and Del Norte Counties-- + (1) trail and campground maintenance; + (2) public education, visitor contacts, and outreach; and + (3) visitor center staffing. + (b) Contents.--Any agreements entered into under subsection (a) +shall clearly define the role and responsibility of the Secretary and +the private or nonprofit organization. + (c) Compliance.--The Secretary shall enter into agreements under +subsection (a) in accordance with existing law. + (d) Effect.--Nothing in this section-- + (1) reduces or diminishes the authority of the Secretary to + manage land and resources under the jurisdiction of the + Secretary; or + (2) amends or modifies the application of any existing law + (including regulations) applicable to land under the + jurisdiction of the Secretary. + + Subtitle C--Conservation + +SEC. 20231. DESIGNATION OF WILDERNESS. + + (a) In General.--In accordance with the Wilderness Act (16 U.S.C. +1131 et seq.), the following areas in the State are designated as +wilderness areas and as components of the National Wilderness +Preservation System: + (1) Black butte river wilderness.--Certain Federal land + managed by the Forest Service in the State, comprising + approximately 11,117 acres, as generally depicted on the map + entitled ``Black Butte River Wilderness--Proposed'' and dated + April 13, 2017, which shall be known as the Black Butte River + Wilderness. + (2) Chanchelulla wilderness additions.--Certain Federal + land managed by the Forest Service in the State, comprising + approximately 6,212 acres, as generally depicted on the map + entitled ``Chanchelulla Wilderness Additions--Proposed'' and + dated July 16, 2018, which is incorporated in, and considered + to be a part of, the Chanchelulla Wilderness, as designated by + section 101(a)(4) of the California Wilderness Act of 1984 (16 + U.S.C. 1132 note; 98 Stat. 1619). + (3) Chinquapin wilderness.--Certain Federal land managed by + the Forest Service in the State, comprising approximately + 27,258 acres, as generally depicted on the map entitled + ``Chinquapin Wilderness--Proposed'' and dated January 15, 2020, + which shall be known as the Chinquapin Wilderness. + (4) Elkhorn ridge wilderness addition.--Certain Federal + land managed by the Bureau of Land Management in the State, + comprising approximately 37 acres, as generally depicted on the + map entitled ``Proposed Elkhorn Ridge Wilderness Additions'' + and dated October 24, 2019, which is incorporated in, and + considered to be a part of, the Elkhorn Ridge Wilderness, as + designated by section 6(d) of Public Law 109-362 (16 U.S.C. + 1132 note; 120 Stat. 2070). + (5) English ridge wilderness.--Certain Federal land managed + by the Bureau of Land Management in the State, comprising + approximately 6,204 acres, as generally depicted on the map + entitled ``English Ridge Wilderness--Proposed'' and dated March + 29, 2019, which shall be known as the English Ridge Wilderness. + (6) Headwaters forest wilderness.--Certain Federal land + managed by the Bureau of Land Management in the State, + comprising approximately 4,360 acres, as generally depicted on + the map entitled ``Headwaters Forest Wilderness--Proposed'' and + dated October 15, 2019, which shall be known as the Headwaters + Forest Wilderness. + (7) Mad river buttes wilderness.--Certain Federal land + managed by the Forest Service in the State, comprising + approximately 6,002 acres, as generally depicted on the map + entitled ``Mad River Buttes Wilderness--Proposed'' and dated + July 25, 2018, which shall be known as the Mad River Buttes + Wilderness. + (8) Mount lassic wilderness addition.--Certain Federal land + managed by the Forest Service in the State, comprising + approximately 1,292 acres, as generally depicted on the map + entitled ``Mount Lassic Wilderness Additions--Proposed'' and + dated February 23, 2017, which is incorporated in, and + considered to be a part of, the Mount Lassic Wilderness, as + designated by section 3(6) of Public Law 109-362 (16 U.S.C. + 1132 note; 120 Stat. 2065). + (9) North fork eel wilderness addition.--Certain Federal + land managed by the Forest Service and the Bureau of Land + Management in the State, comprising approximately 16,274 acres, + as generally depicted on the map entitled ``North Fork + Wilderness Additions'' and dated January 15, 2020, which is + incorporated in, and considered to be a part of, the North Fork + Eel Wilderness, as designated by section 101(a)(19) of the + California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 + Stat. 1621). + (10) Pattison wilderness.--Certain Federal land managed by + the Forest Service in the State, comprising approximately + 28,595 acres, as generally depicted on the map entitled + ``Pattison Wilderness--Proposed'' and dated July 16, 2018, + which shall be known as the Pattison Wilderness. + (11) Sanhedrin wilderness addition.--Certain Federal land + managed by the Forest Service in the State, comprising + approximately 112 acres, as generally depicted on the map + entitled ``Sanhedrin Wilderness Addition--Proposed'' and dated + March 29, 2019, which is incorporated in, and considered to be + a part of, the Sanhedrin Wilderness, as designated by section + 3(2) of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat. + 2065). + (12) Siskiyou wilderness addition.--Certain Federal land + managed by the Forest Service in the State, comprising + approximately 27,747 acres, as generally depicted on the map + entitled ``Siskiyou Wilderness Additions and Potential + Wildernesses--Proposed'' and dated July 24, 2018, which is + incorporated in, and considered to be a part of, the Siskiyou + Wilderness, as designated by section 101(a)(30) of the + California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 + Stat. 1623) (as amended by section 3(5) of Public Law 109-362 + (16 U.S.C. 1132 note; 120 Stat. 2065)). + (13) South fork eel river wilderness addition.--Certain + Federal land managed by the Bureau of Land Management in the + State, comprising approximately 603 acres, as generally + depicted on the map entitled ``South Fork Eel River Wilderness + Additions--Proposed'' and dated October 24, 2019, which is + incorporated in, and considered to be a part of, the South Fork + Eel River Wilderness, as designated by section 3(10) of Public + Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2066). + (14) South fork trinity river wilderness.--Certain Federal + land managed by the Forest Service in the State, comprising + approximately 26,446 acres, as generally depicted on the map + entitled ``South Fork Trinity River Wilderness and Potential + Wildernesses--Proposed'' and dated March 11, 2019, which shall + be known as the South Fork Trinity River Wilderness. + (15) Trinity alps wilderness addition.--Certain Federal + land managed by the Forest Service in the State, comprising + approximately 60,826 acres, as generally depicted on the maps + entitled ``Trinity Alps Proposed Wilderness Additions EAST'' + and ``Trinity Alps Proposed Wilderness Additions WEST'' and + dated January 15, 2020, which is incorporated in, and + considered to be a part of, the Trinity Alps Wilderness, as + designated by section 101(a)(34) of the California Wilderness + Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by + section 3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120 + Stat. 2065)). + (16) Underwood wilderness.--Certain Federal land managed by + the Forest Service in the State, comprising approximately + 15,069 acres, as generally depicted on the map entitled + ``Underwood Wilderness--Proposed'' and dated January 15, 2020, + which shall be known as the Underwood Wilderness. + (17) Yolla bolly-middle eel wilderness additions.--Certain + Federal land managed by the Forest Service and the Bureau of + Land Management in the State, comprising approximately 10,729 + acres, as generally depicted on the map entitled ``Yolla Bolly + Middle Eel Wilderness Additions and Potential Wildernesses-- + Proposed'' and dated June 7, 2018, which is incorporated in, + and considered to be a part of, the Yolla Bolly-Middle Eel + Wilderness, as designated by section 3 of the Wilderness Act + (16 U.S.C. 1132) (as amended by section 3(4) of Public Law 109- + 362 (16 U.S.C. 1132 note; 120 Stat. 2065)). + (18) Yuki wilderness addition.--Certain Federal land + managed by the Forest Service and the Bureau of Land Management + in the State, comprising approximately 11,076 acres, as + generally depicted on the map entitled ``Yuki Wilderness + Additions--Proposed'' and dated January 15, 2020, which is + incorporated in, and considered to be a part of, the Yuki + Wilderness, as designated by section 3(3) of Public Law 109-362 + (16 U.S.C. 1132 note; 120 Stat. 2065). + (b) Redesignation of North Fork Wilderness as North Fork Eel River +Wilderness.--Section 101(a)(19) of Public Law 98-425 (16 U.S.C. 1132 +note; 98 Stat. 1621) is amended by striking ``North Fork Wilderness'' +and inserting ``North Fork Eel River Wilderness''. Any reference in a +law, map, regulation, document, paper, or other record of the United +States to the North Fork Wilderness shall be deemed to be a reference +to the North Fork Eel River Wilderness. + (c) Elkhorn Ridge Wilderness Adjustments.--The boundary of the +Elkhorn Ridge Wilderness established by section 6(d) of Public Law 109- +362 (16 U.S.C. 1132 note) is adjusted by deleting approximately 30 +acres of Federal land as generally depicted on the map entitled +``Proposed Elkhorn Ridge Wilderness Additions'' and dated October 24, +2019. + +SEC. 20232. ADMINISTRATION OF WILDERNESS. + + (a) In General.--Subject to valid existing rights, the wilderness +areas and wilderness additions established by section 20231 shall be +administered by the Secretary in accordance with this subtitle and the +Wilderness Act (16 U.S.C. 1131 et seq.), except that-- + (1) any reference in the Wilderness Act to the effective + date of that Act shall be considered to be a reference to the + date of enactment of this Act; and + (2) any reference in that Act to the Secretary of + Agriculture shall be considered to be a reference to the + Secretary. + (b) Fire Management and Related Activities.-- + (1) In general.--The Secretary may take such measures in a + wilderness area or wilderness addition designated by section + 20231 as are necessary for the control of fire, insects, and + diseases in accordance with section 4(d)(1) of the Wilderness + Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th + Congress. + (2) Funding priorities.--Nothing in this subtitle limits + funding for fire and fuels management in the wilderness areas + or wilderness additions designated by this title. + (3) Administration.--Consistent with paragraph (1) and + other applicable Federal law, to ensure a timely and efficient + response to fire emergencies in the wilderness additions + designated by this subtitle, the Secretary of Agriculture + shall-- + (A) not later than 1 year after the date of + enactment of this Act, establish agency approval + procedures (including appropriate delegations of + authority to the Forest Supervisor, District Manager, + or other agency officials) for responding to fire + emergencies; and + (B) enter into agreements with appropriate State or + local firefighting agencies. + (c) Grazing.--The grazing of livestock in the wilderness areas and +wilderness additions designated by this title, if established before +the date of enactment of this Act, shall be administered in accordance +with-- + (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); and + (2)(A) for lands under the jurisdiction of the Secretary of + Agriculture, the guidelines set forth in the report of the + Committee on Interior and Insular Affairs of the House of + Representatives accompanying H.R. 5487 of the 96th Congress (H. + Rept. 96-617); or + (B) for lands under the jurisdiction of the Secretary of + the Interior, the guidelines set forth in Appendix A of the + report of the Committee on Interior and Insular Affairs of the + House of Representatives accompanying H.R. 2570 of the 101st + Congress (H. Rept. 101-405). + (d) Fish and Wildlife.-- + (1) In general.--In accordance with section 4(d)(7) of the + Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title + affects the jurisdiction or responsibilities of the State with + respect to fish and wildlife on public land in the State. + (2) Management activities.--In furtherance of the purposes + and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), + the Secretary may conduct any management activities that are + necessary to maintain or restore fish, wildlife, and plant + populations and habitats in the wilderness areas or wilderness + additions designated by section 20231, if the management + activities are-- + (A) consistent with relevant wilderness management + plans; and + (B) conducted in accordance with-- + (i) the Wilderness Act (16 U.S.C. 1131 et + seq.); and + (ii) appropriate policies, such as the + policies established in Appendix B of House + Report 101-405. + (e) Buffer Zones.-- + (1) In general.--Congress does not intend for designation + of wilderness or wilderness additions by this title to lead to + the creation of protective perimeters or buffer zones around + each wilderness area or wilderness addition. + (2) Activities or uses up to boundaries.--The fact that + nonwilderness activities or uses can be seen or heard from + within a wilderness area shall not, of itself, preclude the + activities or uses up to the boundary of the wilderness area. + (f) Military Activities.--Nothing in this subtitle precludes-- + (1) low-level overflights of military aircraft over the + wilderness areas or wilderness additions designated by section + 20231; + (2) the designation of new units of special airspace over + the wilderness areas or wilderness additions designated by + section 20231; or + (3) the use or establishment of military flight training + routes over the wilderness areas or wilderness additions + designated by section 20231. + (g) Horses.--Nothing in this subtitle precludes horseback riding +in, or the entry of recreational or commercial saddle or pack stock +into, an area designated as a wilderness area or wilderness addition by +section 20231-- + (1) in accordance with section 4(d)(5) of the Wilderness + Act (16 U.S.C. 1133(d)(5)); and + (2) subject to any terms and conditions determined to be + necessary by the Secretary. + (h) Withdrawal.--Subject to valid existing rights, the wilderness +areas and wilderness additions designated by section 20231 are +withdrawn from-- + (1) all forms of entry, appropriation, and disposal under + the public land laws; + (2) location, entry, and patent under the mining laws; and + (3) operation of the mineral materials and geothermal + leasing laws. + (i) Use by Members of Indian Tribes.-- + (1) Access.--In recognition of the past use of wilderness + areas and wilderness additions designated by this title by + members of Indian Tribes for traditional cultural and religious + purposes, the Secretary shall ensure that Indian Tribes have + access to the wilderness areas and wilderness additions + designated by section 20231 for traditional cultural and + religious purposes. + (2) Temporary closures.-- + (A) In general.--In carrying out this section, the + Secretary, on request of an Indian Tribe, may + temporarily close to the general public one or more + specific portions of a wilderness area or wilderness + addition to protect the privacy of the members of the + Indian Tribe in the conduct of the traditional cultural + and religious activities in the wilderness area or + wilderness addition. + (B) Requirement.--Any closure under subparagraph + (A) shall be made in such a manner as to affect the + smallest practicable area for the minimum period of + time necessary for the activity to be carried out. + (3) Applicable law.--Access to the wilderness areas and + wilderness additions under this subsection shall be in + accordance with-- + (A) Public Law 95-341 (commonly known as the + American Indian Religious Freedom Act) (42 U.S.C. 1996 + et seq.); and + (B) the Wilderness Act (16 U.S.C. 1131 et seq.). + (j) Incorporation of Acquired Land and Interests.--Any land within +the boundary of a wilderness area or wilderness addition designated by +section 20231 that is acquired by the United States shall-- + (1) become part of the wilderness area in which the land is + located; + (2) be withdrawn in accordance with subsection (h); and + (3) be managed in accordance with this section, the + Wilderness Act (16 U.S.C. 1131 et seq.), and any other + applicable law. + (k) Climatological Data Collection.--In accordance with the +Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and +conditions as the Secretary may prescribe, the Secretary may authorize +the installation and maintenance of hydrologic, meteorologic, or +climatological collection devices in the wilderness areas and +wilderness additions designated by section 20231 if the Secretary +determines that the facilities and access to the facilities are +essential to flood warning, flood control, or water reservoir operation +activities. + (l) Authorized Events.--The Secretary may continue to authorize the +competitive equestrian event permitted since 2012 in the Chinquapin +Wilderness established by section 20231 in a manner compatible with the +preservation of the area as wilderness. + (m) Recreational Climbing.--Nothing in this title prohibits +recreational rock climbing activities in the wilderness areas, such as +the placement, use, and maintenance of fixed anchors, including any +fixed anchor established before the date of the enactment of this Act-- + (1) in accordance with the Wilderness Act (16 U.S.C. 1131 + et seq.); and + (2) subject to any terms and conditions determined to be + necessary by the Secretary. + +SEC. 20233. DESIGNATION OF POTENTIAL WILDERNESS. + + (a) Designation.--In furtherance of the purposes of the Wilderness +Act (16 U.S.C. 1131 et seq.), the following areas in the State are +designated as potential wilderness areas: + (1) Certain Federal land managed by the Forest Service, + comprising approximately 3,797 acres, as generally depicted on + the map entitled ``Chinquapin Proposed Potential Wilderness'' + and dated January 15, 2020. + (2) Certain Federal land administered by the National Park + Service, compromising approximately 31,000 acres, as generally + depicted on the map entitled ``Redwood National Park--Potential + Wilderness'' and dated October 9, 2019. + (3) Certain Federal land managed by the Forest Service, + comprising approximately 8,961 acres, as generally depicted on + the map entitled ``Siskiyou Wilderness Additions and Potential + Wildernesses--Proposed'' and dated July 24, 2018. + (4) Certain Federal land managed by the Forest Service, + comprising approximately 405 acres, as generally depicted on + the map entitled ``South Fork Trinity River Wilderness and + Potential Wildernesses--Proposed'' and dated March 11, 2019. + (5) Certain Federal land managed by the Forest Service, + comprising approximately 1,256 acres, as generally depicted on + the map entitled ``Trinity Alps Proposed Potential Wilderness'' + and dated January 15, 2020. + (6) Certain Federal land managed by the Forest Service, + comprising approximately 4,282 acres, as generally depicted on + the map entitled ``Yolla Bolly Middle Eel Wilderness Additions + and Potential Wildernesses--Proposed'' and dated June 7, 2018. + (7) Certain Federal land managed by the Forest Service, + comprising approximately 2,909 acres, as generally depicted on + the map entitled ``Yuki Proposed Potential Wilderness'' and + dated January 15, 2020. + (b) Management.--Except as provided in subsection (c) and subject +to valid existing rights, the Secretary shall manage the potential +wilderness areas designated by subsection (a) (referred to in this +section as ``potential wilderness areas'') as wilderness until the +potential wilderness areas are designated as wilderness under +subsection (d). + (c) Ecological Restoration.-- + (1) In general.--For purposes of ecological restoration + (including the elimination of nonnative species, removal of + illegal, unused, or decommissioned roads, repair of skid + tracks, and any other activities necessary to restore the + natural ecosystems in a potential wilderness area and + consistent with paragraph (2)), the Secretary may use motorized + equipment and mechanized transport in a potential wilderness + area until the potential wilderness area is designated as + wilderness under subsection (d). + (2) Limitation.--To the maximum extent practicable, the + Secretary shall use the minimum tool or administrative practice + necessary to accomplish ecological restoration with the least + amount of adverse impact on wilderness character and resources. + (d) Eventual Wilderness Designation.--The potential wilderness +areas shall be designated as wilderness and as a component of the +National Wilderness Preservation System on the earlier of-- + (1) the date on which the Secretary publishes in the + Federal Register notice that the conditions in a potential + wilderness area that are incompatible with the Wilderness Act + (16 U.S.C. 1131 et seq.) have been removed; or + (2) the date that is 10 years after the date of enactment + of this Act for potential wilderness areas located on lands + managed by the Forest Service. + (e) Administration as Wilderness.-- + (1) In general.--On its designation as wilderness under + subsection (d), a potential wilderness area shall be + administered in accordance with section 20232 and the + Wilderness Act (16 U.S.C. 1131 et seq.). + (2) Designation.--On its designation as wilderness under + subsection (d)-- + (A) the land described in subsection (a)(1) shall + be incorporated in, and considered to be a part of, the + Chinquapin Wilderness established by section + 20231(a)(3); + (B) the land described in subsection (a)(3) shall + be incorporated in, and considered to be a part of, the + Siskiyou Wilderness as designated by section 231(a)(30) + of the California Wilderness Act of 1984 (16 U.S.C. + 1132 note; 98 Stat. 1623) (as amended by section 3(5) + of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat. + 2065) and expanded by section 20231(a)(12)); + (C) the land described in subsection (a)(4) shall + be incorporated in, and considered to be a part of, the + South Fork Trinity River Wilderness established by + section 20231(a)(14); + (D) the land described in subsection (a)(5) shall + be incorporated in, and considered to be a part of, the + Trinity Alps Wilderness as designated by section + 101(a)(34) of the California Wilderness Act of 1984 (16 + U.S.C. 1132 note; 98 Stat. 1623) (as amended by section + 3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120 + Stat. 2065) and expanded by section 20231(a)(15)); + (E) the land described in subsection (a)(6) shall + be incorporated in, and considered to be a part of, the + Yolla Bolly-Middle Eel Wilderness as designated by + section 3 of the Wilderness Act (16 U.S.C. 1132) (as + amended by section 3(4) of Public Law 109-362 (16 + U.S.C. 1132 note; 120 Stat. 2065) and expanded by + section 20231(a)(17)); and + (F) the land described in subsection (a)(7) shall + be incorporated in, and considered to be a part of, the + Yuki Wilderness as designated by section 3(3) of Public + Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2065) and + expanded by section 20231(a)(18). + (f) Report.--Within 3 years after the date of enactment of this +Act, and every 3 years thereafter until the date upon which the +potential wilderness is designated wilderness under subsection (d), the +Secretary shall submit a report to the Committee on Natural Resources +of the House of Representatives and the Committee on Energy and Natural +Resources of the Senate on the status of ecological restoration within +the potential wilderness area and the progress toward the potential +wilderness area's eventual wilderness designation under subsection (d). + +SEC. 20234. DESIGNATION OF WILD AND SCENIC RIVERS. + + Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. +1274(a)) is amended by adding at the end the following: + ``(231) South fork trinity river.--The following segments + from the source tributaries in the Yolla Bolly-Middle Eel + Wilderness, to be administered by the Secretary of Agriculture: + ``(A) The 18.3-mile segment from its multiple + source springs in the Cedar Basin of the Yolla Bolly- + Middle Eel Wilderness in section 15, T. 27 N., R. 10 W. + to .25 miles upstream of the Wild Mad Road, as a wild + river. + ``(B) The .65-mile segment from .25 miles upstream + of Wild Mad Road to the confluence with the unnamed + tributary approximately .4 miles downstream of the Wild + Mad Road in section 29, T. 28 N., R. 11 W., as a scenic + river. + ``(C) The 9.8-mile segment from .75 miles + downstream of Wild Mad Road to Silver Creek, as a wild + river. + ``(D) The 5.4-mile segment from Silver Creek + confluence to Farley Creek, as a scenic river. + ``(E) The 3.6-mile segment from Farley Creek to + Cave Creek, as a recreational river. + ``(F) The 5.6-mile segment from Cave Creek to the + confluence of the unnamed creek upstream of Hidden + Valley Ranch in section 5, T. 15, R. 7 E., as a wild + river. + ``(G) The 2.5-mile segment from unnamed creek + confluence upstream of Hidden Valley Ranch to the + confluence with the unnamed creek flowing west from + Bear Wallow Mountain in section 29, T. 1 N., R. 7 E., + as a scenic river. + ``(H) The 3.8-mile segment from the unnamed creek + confluence in section 29, T. 1 N., R. 7 E. to Plummer + Creek, as a wild river. + ``(I) The 1.8-mile segment from Plummer Creek to + the confluence with the unnamed tributary north of + McClellan Place in section 6, T. 1 N., R. 7 E., as a + scenic river. + ``(J) The 5.4-mile segment from the unnamed + tributary confluence in section 6, T. 1 N., R. 7 E. to + Hitchcock Creek, as a wild river. + ``(K) The 7-mile segment from Eltapom Creek to the + Grouse Creek, as a scenic river. + ``(L) The 5-mile segment from Grouse Creek to Coon + Creek, as a wild river. + ``(232) East fork south fork trinity river.--The following + segments to be administered by the Secretary of Agriculture: + ``(A) The 8.4-mile segment from its source in the + Pettijohn Basin in the Yolla Bolly-Middle Eel + Wilderness in section 10, T. 3 S., R. 10 W. to .25 + miles upstream of the Wild Mad Road, as a wild river. + ``(B) The 3.4-mile segment from .25 miles upstream + of the Wild Mad Road to the South Fork Trinity River, + as a recreational river. + ``(233) Rattlesnake creek.--The 5.9-mile segment from the + confluence with the unnamed tributary in the southeast corner + of section 5, T. 1 S., R. 12 W. to the South Fork Trinity + River, to be administered by the Secretary of Agriculture as a + recreational river. + ``(234) Butter creek.--The 7-mile segment from .25 miles + downstream of the Road 3N08 crossing to the South Fork Trinity + River, to be administered by the Secretary of Agriculture as a + scenic river. + ``(235) Hayfork creek.--The following segments to be + administered by the Secretary of Agriculture: + ``(A) The 3.2-mile segment from Little Creek to + Bear Creek, as a recreational river. + ``(B) The 13.2-mile segment from Bear Creek to the + northern boundary of section 19, T. 3 N., R. 7 E., as a + scenic river. + ``(236) Olsen creek.--The 2.8-mile segment from the + confluence of its source tributaries in section 5, T. 3 N., R. + 7 E. to the northern boundary of section 24, T. 3 N., R. 6 E., + to be administered by the Secretary of the Interior as a scenic + river. + ``(237) Rusch creek.--The 3.2-mile segment from .25 miles + downstream of the 32N11 Road crossing to Hayfork Creek, to be + administered by the Secretary of Agriculture as a recreational + river. + ``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn + Creek to the South Fork Trinity River, to be administered by + the Secretary of Agriculture as a wild river. + ``(239) Grouse creek.--The following segments to be + administered by the Secretary of Agriculture: + ``(A) The 3.9-mile segment from Carson Creek to Cow + Creek, as a scenic river. + ``(B) The 7.4-mile segment from Cow Creek to the + South Fork Trinity River, as a recreational river. + ``(240) Madden creek.--The following segments to be + administered by the Secretary of Agriculture: + ``(A) The 6.8-mile segment from the confluence of + Madden Creek and its unnamed tributary in section 18, + T. 5 N., R. 5 E. to Fourmile Creek, as a wild river. + ``(B) The 1.6-mile segment from Fourmile Creek to + the South Fork Trinity River, as a recreational river. + ``(241) Canyon creek.--The following segments to be + administered by the Secretary of Agriculture and the Secretary + of the Interior: + ``(A) The 6.6-mile segment from the outlet of lower + Canyon Creek Lake to Bear Creek upstream of Ripstein, + as a wild river. + ``(B) The 11.2-mile segment from Bear Creek + upstream of Ripstein to the southern boundary of + section 25, T. 34 N., R. 11 W., as a recreational + river. + ``(242) North fork trinity river.--The following segments + to be administered by the Secretary of Agriculture: + ``(A) The 12-mile segment from the confluence of + source tributaries in section 24, T. 8 N., R. 12 W. to + the Trinity Alps Wilderness boundary upstream of Hobo + Gulch, as a wild river. + ``(B) The .5-mile segment from where the river + leaves the Trinity Alps Wilderness to where it fully + reenters the Trinity Alps Wilderness downstream of Hobo + Gulch, as a scenic river. + ``(C) The 13.9-mile segment from where the river + fully reenters the Trinity Alps Wilderness downstream + of Hobo Gulch to the Trinity Alps Wilderness boundary + upstream of the County Road 421 crossing, as a wild + river. + ``(D) The 1.3-mile segment from the Trinity Alps + Wilderness boundary upstream of the County Road 421 + crossing to the Trinity River, as a recreational river. + ``(243) East fork north fork trinity river.--The following + segments to be administered by the Secretary of Agriculture: + ``(A) The 9.5-mile segment from the river's source + north of Mt. Hilton in section 19, T. 36 N., R. 10 W. + to the end of Road 35N20 approximately .5 miles + downstream of the confluence with the East Branch East + Fork North Fork Trinity River, as a wild river. + ``(B) The 3.25-mile segment from the end of Road + 35N20 to .25 miles upstream of Coleridge, as a scenic + river. + ``(C) The 4.6-mile segment from .25 miles upstream + of Coleridge to the confluence of Fox Gulch, as a + recreational river. + ``(244) New river.--The following segments to be + administered by the Secretary of Agriculture: + ``(A) The 12.7-mile segment of Virgin Creek from + its source spring in section 22, T. 9 N., R. 7 E. to + Slide Creek, as a wild river. + ``(B) The 2.3-mile segment of the New River where + it begins at the confluence of Virgin and Slide Creeks + to Barron Creek, as a wild river. + ``(245) Middle eel river.--The following segment, to be + administered by the Secretary of Agriculture: + ``(A) The 37.7-mile segment from its source in + Frying Pan Meadow to Rose Creek, as a wild river. + ``(B) The 1.5-mile segment from Rose Creek to the + Black Butte River, as a recreational river. + ``(C) The 10.5-mile segment of Balm of Gilead Creek + from its source in Hopkins Hollow to the Middle Eel + River, as a wild river. + ``(D) The 13-mile segment of the North Fork Middle + Fork Eel River from the source on Dead Puppy Ridge in + section 11, T. 26 N., R. 11 W. to the confluence of the + Middle Eel River, as a wild river. + ``(246) North fork eel river, ca.--The 14.3-mile segment + from the confluence with Gilman Creek to the Six Rivers + National Forest boundary, to be administered by the Secretary + of Agriculture as a wild river. + ``(247) Red mountain creek, ca.--The following segments to + be administered by the Secretary of Agriculture: + ``(A) The 5.25-mile segment from its source west of + Mike's Rock in section 23, T. 26 N., R. 12 E. to the + confluence with Littlefield Creek, as a wild river. + ``(B) The 1.6-mile segment from the confluence with + Littlefield Creek to the confluence with the unnamed + tributary in section 32, T. 26 N., R. 8 E., as a scenic + river. + ``(C) The 1.25-mile segment from the confluence + with the unnamed tributary in section 32, T. 4 S., R. 8 + E. to the confluence with the North Fork Eel River, as + a wild river. + ``(248) Redwood creek.--The following segments to be + administered by the Secretary of the Interior: + ``(A) The 6.2-mile segment from the confluence with + Lacks Creek to the confluence with Coyote Creek as a + scenic river on publication by the Secretary of a + notice in the Federal Register that sufficient + inholdings within the boundaries of the segments have + been acquired in fee title to establish a manageable + addition to the system. + ``(B) The 19.1-mile segment from the confluence + with Coyote Creek in section 2, T. 8 N., R. 2 E. to the + Redwood National Park boundary upstream of Orick in + section 34, T. 11 N., R. 1 E. as a scenic river. + ``(C) The 2.3-mile segment of Emerald Creek (also + known as Harry Weir Creek) from its source in section + 29, T. 10 N., R. 2 E. to the confluence with Redwood + Creek as a scenic river. + ``(249) Lacks creek.--The following segments to be + administered by the Secretary of the Interior: + ``(A) The 5.1-mile segment from the confluence with + two unnamed tributaries in section 14, T. 7 N., R. 3 E. + to Kings Crossing in section 27, T. 8 N., R. 3 E. as a + wild river. + ``(B) The 2.7-mile segment from Kings Crossing to + the confluence with Redwood Creek as a scenic river + upon publication by the Secretary of a notice in the + Federal Register that sufficient inholdings within the + segment have been acquired in fee title or as scenic + easements to establish a manageable addition to the + system. + ``(250) Lost man creek.--The following segments to be + administered by the Secretary of the Interior: + ``(A) The 6.4-mile segment of Lost Man Creek from + its source in section 5, T. 10 N., R. 2 E. to .25 miles + upstream of the Prairie Creek confluence, as a + recreational river. + ``(B) The 2.3-mile segment of Larry Damm Creek from + its source in section 8, T. 11 N., R. 2 E. to the + confluence with Lost Man Creek, as a recreational + river. + ``(251) Little lost man creek.--The 3.6-mile segment of + Little Lost Man Creek from its source in section 6, T. 10 N., + R. 2 E. to .25 miles upstream of the Lost Man Creek road + crossing, to be administered by the Secretary of the Interior + as a wild river. + ``(252) South fork elk river.--The following segments to be + administered by the Secretary of the Interior through a + cooperative management agreement with the State of California: + ``(A) The 3.6-mile segment of the Little South Fork + Elk River from the source in section 21, T. 3 N., R. 1 + E. to the confluence with the South Fork Elk River, as + a wild river. + ``(B) The 2.2-mile segment of the unnamed tributary + of the Little South Fork Elk River from its source in + section 15, T. 3 N., R. 1 E. to the confluence with the + Little South Fork Elk River, as a wild river. + ``(C) The 3.6-mile segment of the South Fork Elk + River from the confluence of the Little South Fork Elk + River to the confluence with Tom Gulch, as a + recreational river. + ``(253) Salmon creek.--The 4.6-mile segment from its source + in section 27, T. 3 N., R. 1 E. to the Headwaters Forest + Reserve boundary in section 18, T. 3 N., R. 1 E. to be + administered by the Secretary of the Interior as a wild river + through a cooperative management agreement with the State of + California. + ``(254) South fork eel river.--The following segments to be + administered by the Secretary of the Interior: + ``(A) The 6.2-mile segment from the confluence with + Jack of Hearts Creek to the southern boundary of the + South Fork Eel Wilderness in section 8, T. 22 N., R. 16 + W., as a recreational river to be administered by the + Secretary through a cooperative management agreement + with the State of California. + ``(B) The 6.1-mile segment from the southern + boundary of the South Fork Eel Wilderness to the + northern boundary of the South Fork Eel Wilderness in + section 29, T. 23 N., R. 16 W., as a wild river. + ``(255) Elder creek.--The following segments to be + administered by the Secretary of the Interior through a + cooperative management agreement with the State of California: + ``(A) The 3.6-mile segment from its source north of + Signal Peak in section 6, T. 21 N., R. 15 W. to the + confluence with the unnamed tributary near the center + of section 28, T. 22 N., R. 16 W., as a wild river. + ``(B) The 1.3-mile segment from the confluence with + the unnamed tributary near the center of section 28, T. + 22 N., R. 15 W. to the confluence with the South Fork + Eel River, as a recreational river. + ``(C) The 2.1-mile segment of Paralyze Canyon from + its source south of Signal Peak in section 7, T. 21 N., + R. 15 W. to the confluence with Elder Creek, as a wild + river. + ``(256) Cedar creek.--The following segments to be + administered as a wild river by the Secretary of the Interior: + ``(A) The 7.7-mile segment from its source in + section 22, T. 24 N., R. 16 W. to the southern boundary + of the Red Mountain unit of the South Fork Eel + Wilderness. + ``(B) The 1.9-mile segment of North Fork Cedar + Creek from its source in section 28, T. 24 N., R. 16 E. + to the confluence with Cedar Creek. + ``(257) East branch south fork eel river.--The following + segments to be administered by the Secretary of the Interior as + a scenic river on publication by the Secretary of a notice in + the Federal Register that sufficient inholdings within the + boundaries of the segments have been acquired in fee title or + as scenic easements to establish a manageable addition to the + system: + ``(A) The 2.3-mile segment of Cruso Cabin Creek + from the confluence of two unnamed tributaries in + section 18, T. 24 N., R. 15 W. to the confluence with + Elkhorn Creek. + ``(B) The 1.8-mile segment of Elkhorn Creek from + the confluence of two unnamed tributaries in section + 22, T. 24 N., R. 16 W. to the confluence with Cruso + Cabin Creek. + ``(C) The 14.2-mile segment of the East Branch + South Fork Eel River from the confluence of Cruso Cabin + and Elkhorn Creeks to the confluence with Rays Creek. + ``(D) The 1.7-mile segment of the unnamed tributary + from its source on the north flank of Red Mountain's + north ridge in section 2, T. 24 N., R. 17 W. to the + confluence with the East Branch South Fork Eel River. + ``(E) The 1.3-mile segment of the unnamed tributary + from its source on the north flank of Red Mountain's + north ridge in section 1, T. 24 N., R. 17 W. to the + confluence with the East Branch South Fork Eel River. + ``(F) The 1.8-mile segment of Tom Long Creek from + the confluence with the unnamed tributary in section + 12, T. 5 S., R. 4 E. to the confluence with the East + Branch South Fork Eel River. + ``(258) Mattole river estuary.--The 1.5-mile segment from + the confluence of Stansberry Creek to the Pacific Ocean, to be + administered as a recreational river by the Secretary of the + Interior. + ``(259) Honeydew creek.--The following segments to be + administered as a wild river by the Secretary of the Interior: + ``(A) The 5.1-mile segment of Honeydew Creek from + its source in the southwest corner of section 25, T. 3 + S., R. 1 W. to the eastern boundary of the King Range + National Conservation Area in section 18, T. 3 S., R. 1 + E. + ``(B) The 2.8-mile segment of West Fork Honeydew + Creek from its source west of North Slide Peak to the + confluence with Honeydew Creek. + ``(C) The 2.7-mile segment of Upper East Fork + Honeydew Creek from its source in section 23, T. 3 S., + R. 1 W. to the confluence with Honeydew Creek. + ``(260) Bear creek.--The following segments to be + administered by the Secretary of the Interior: + ``(A) The 1.9-mile segment of North Fork Bear Creek + from the confluence with the unnamed tributary + immediately downstream of the Horse Mountain Road + crossing to the confluence with the South Fork, as a + scenic river. + ``(B) The 6.1-mile segment of South Fork Bear Creek + from the confluence in section 2, T. 5 S., R. 1 W. with + the unnamed tributary flowing from the southwest flank + of Queen Peak to the confluence with the North Fork, as + a scenic river. + ``(C) The 3-mile segment of Bear Creek from the + confluence of the North and South Forks to the southern + boundary of section 11, T. 4 S., R. 1 E., as a wild + river. + ``(261) Gitchell creek.--The 3-mile segment of Gitchell + Creek from its source near Saddle Mountain to the Pacific Ocean + to be administered by the Secretary of the Interior as a wild + river. + ``(262) Big flat creek.--The following segments to be + administered by the Secretary of the Interior as a wild river: + ``(A) The 4-mile segment of Big Flat Creek from its + source near King Peak in section 36, T. 3 S., R. 1 W. + to the Pacific Ocean. + ``(B) The .8-mile segment of the unnamed tributary + from its source in section 35, T. 3 S., R. 1 W. to the + confluence with Big Flat Creek. + ``(C) The 2.7-mile segment of North Fork Big Flat + Creek from the source in section 34, T. 3 S., R. 1 W. + to the confluence with Big Flat Creek. + ``(263) Big creek.--The following segments to be + administered by the Secretary of the Interior as wild rivers: + ``(A) The 2.7-mile segment of Big Creek from its + source in section 26, T. 3 S., R. 1 W. to the Pacific + Ocean. + ``(B) The 1.9-mile unnamed southern tributary from + its source in section 25, T. 3 S., R. 1 W. to the + confluence with Big Creek. + ``(264) Elk creek.--The 11.4-mile segment from its + confluence with Lookout Creek to its confluence with Deep Hole + Creek, to be jointly administered by the Secretaries of + Agriculture and the Interior, as a wild river. + ``(265) Eden creek.--The 2.7-mile segment from the private + property boundary in the northwest quarter of section 27, T. 21 + N., R. 12 W. to the eastern boundary of section 23, T. 21 N., + R. 12 W., to be administered by the Secretary of the Interior + as a wild river. + ``(266) Deep hole creek.--The 4.3-mile segment from the + private property boundary in the southwest quarter of section + 13, T. 20 N., R. 12 W. to the confluence with Elk Creek, to be + administered by the Secretary of the Interior as a wild river. + ``(267) Indian creek.--The 3.3-mile segment from 300 feet + downstream of the jeep trail in section 13, T. 20 N., R. 13 W. + to the confluence with the Eel River, to be administered by the + Secretary of the Interior as a wild river. + ``(268) Fish creek.--The 4.2-mile segment from the source + at Buckhorn Spring to the confluence with the Eel River, to be + administered by the Secretary of the Interior as a wild + river.''. + +SEC. 20235. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA. + + (a) Establishment.--Subject to valid existing rights, there is +established the Sanhedrin Special Conservation Management Area +(referred to in this section as the ``conservation management area''), +comprising approximately 14,177 acres of Federal land administered by +the Forest Service in Mendocino County, California, as generally +depicted on the map entitled ``Sanhedrin Special Conservation +Management Area--Proposed'' and dated April 12, 2017. + (b) Purposes.--The purposes of the conservation management area are +to-- + (1) conserve, protect, and enhance for the benefit and + enjoyment of present and future generations the ecological, + scenic, wildlife, recreational, roadless, cultural, historical, + natural, educational, and scientific resources of the + conservation management area; + (2) protect and restore late-successional forest structure, + oak woodlands and grasslands, aquatic habitat, and anadromous + fisheries within the conservation management area; + (3) protect and restore the wilderness character of the + conservation management area; and + (4) allow visitors to enjoy the scenic, natural, cultural, + and wildlife values of the conservation management area. + (c) Management.-- + (1) In general.--The Secretary shall manage the + conservation management area-- + (A) in a manner consistent with the purposes + described in subsection (b); and + (B) in accordance with-- + (i) the laws (including regulations) + generally applicable to the National Forest + System; + (ii) this section; and + (iii) any other applicable law (including + regulations). + (2) Uses.--The Secretary shall only allow uses of the + conservation management area that the Secretary determines + would further the purposes described in subsection (b). + (d) Motorized Vehicles.-- + (1) In general.--Except as provided in paragraph (3), the + use of motorized vehicles in the conservation management area + shall be permitted only on existing roads, trails, and areas + designated for use by such vehicles as of the date of enactment + of this Act. + (2) New or temporary roads.--Except as provided in + paragraph (3), no new or temporary roads shall be constructed + within the conservation management area. + (3) Exception.--Nothing in paragraph (1) or (2) prevents + the Secretary from-- + (A) rerouting or closing an existing road or trail + to protect natural resources from degradation, or to + protect public safety, as determined to be appropriate + by the Secretary; + (B) designating routes of travel on lands acquired + by the Secretary and incorporated into the conservation + management area if the designations are-- + (i) consistent with the purposes described + in subsection (b); and + (ii) completed, to the maximum extent + practicable, within 3 years of the date of + acquisition; + (C) constructing a temporary road on which + motorized vehicles are permitted as part of a + vegetation management project carried out in accordance + with subsection (e); + (D) authorizing the use of motorized vehicles for + administrative purposes; or + (E) responding to an emergency. + (4) Decommissioning of temporary roads.-- + (A) Requirement.--The Secretary shall decommission + any temporary road constructed under paragraph (3)(C) + not later than 3 years after the date on which the + applicable vegetation management project is completed. + (B) Definition.--As used in subparagraph (A), the + term ``decommission'' means-- + (i) to reestablish vegetation on a road; + and + (ii) to restore any natural drainage, + watershed function, or other ecological + processes that are disrupted or adversely + impacted by the road by removing or + hydrologically disconnecting the road prism. + (e) Timber Harvest.-- + (1) In general.--Except as provided in paragraph (2), no + harvesting of timber shall be allowed within the conservation + management area. + (2) Exceptions.--The Secretary may authorize harvesting of + timber in the conservation management area-- + (A) if the Secretary determines that the harvesting + is necessary to further the purposes of the + conservation management area; + (B) in a manner consistent with the purposes + described in subsection (b); and + (C) subject to-- + (i) such reasonable regulations, policies, + and practices as the Secretary determines + appropriate; and + (ii) all applicable laws (including + regulations). + (f) Grazing.--The grazing of livestock in the conservation +management area, where established before the date of enactment of this +Act, shall be permitted to continue-- + (1) subject to-- + (A) such reasonable regulations, policies, and + practices as the Secretary considers necessary; and + (B) applicable law (including regulations); and + (2) in a manner consistent with the purposes described in + subsection (b). + (g) Wildfire, Insect, and Disease Management.--Consistent with this +section, the Secretary may take any measures within the conservation +management area that the Secretary determines to be necessary to +control fire, insects, and diseases, including the coordination of +those activities with a State or local agency. + (h) Acquisition and Incorporation of Land and Interests in Land.-- + (1) Acquisition authority.--In accordance with applicable + laws (including regulations), the Secretary may acquire any + land or interest in land within or adjacent to the boundaries + of the conservation management area by purchase from willing + sellers, donation, or exchange. + (2) Incorporation.--Any land or interest in land acquired + by the Secretary under paragraph (1) shall be-- + (A) incorporated into, and administered as part of, + the conservation management area; and + (B) withdrawn in accordance with subsection (i). + (i) Withdrawal.--Subject to valid existing rights, all Federal land +located in the conservation management area is withdrawn from-- + (1) all forms of entry, appropriation, and disposal under + the public land laws; + (2) location, entry, and patenting under the mining laws; + and + (3) operation of the mineral leasing, mineral materials, + and geothermal leasing laws. + + Subtitle D--Miscellaneous + +SEC. 20241. MAPS AND LEGAL DESCRIPTIONS. + + (a) In General.--As soon as practicable after the date of enactment +of this Act, the Secretary shall prepare maps and legal descriptions of +the-- + (1) wilderness areas and wilderness additions designated by + section 20231; + (2) potential wilderness areas designated by section 20233; + (3) South Fork Trinity-Mad River Restoration Area; + (4) Horse Mountain Special Management Area; and + (5) Sanhedrin Special Conservation Management Area. + (b) Submission of Maps and Legal Descriptions.--The Secretary shall +file the maps and legal descriptions prepared under subsection (a) +with-- + (1) the Committee on Natural Resources of the House of + Representatives; and + (2) the Committee on Energy and Natural Resources of the + Senate. + (c) Force of Law.--The maps and legal descriptions prepared under +subsection (a) shall have the same force and effect as if included in +this title, except that the Secretary may correct any clerical and +typographical errors in the maps and legal descriptions. + (d) Public Availability.--The maps and legal descriptions prepared +under subsection (a) shall be on file and available for public +inspection in the appropriate offices of the Forest Service, Bureau of +Land Management, and National Park Service. + +SEC. 20242. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS. + + As soon as practicable, in accordance with applicable laws +(including regulations), the Secretary shall incorporate the +designations and studies required by this title into updated management +plans for units covered by this title. + +SEC. 20243. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES AND + RIGHTS-OF-WAY. + + (a) Effect of Act.--Nothing in this title-- + (1) affects any validly issued right-of-way for the + customary operation, maintenance, upgrade, repair, relocation + within an existing right-of-way, replacement, or other + authorized activity (including the use of any mechanized + vehicle, helicopter, and other aerial device) in a right-of-way + acquired by or issued, granted, or permitted to Pacific Gas and + Electric Company (including any predecessor or successor in + interest or assign) that is located on land included in the + South Fork Trinity--Mad River Restoration Area, Bigfoot + National Recreation Trail, Sanhedrin Special Conservation + Management Area, and Horse Mountain Special Management Area; or + (2) prohibits the upgrading or replacement of any-- + (A) utility facilities of the Pacific Gas and + Electric Company, including those utility facilities + known on the date of enactment of this Act within the-- + (i) South Fork Trinity--Mad River + Restoration Area known as-- + (I) Gas Transmission Line 177A or + rights-of-way; + (II) Gas Transmission Line DFM + 1312-02 or rights-of-way; + (III) Electric Transmission Line + Bridgeville--Cottonwood 115 kV or + rights-of-way; + (IV) Electric Transmission Line + Humboldt--Trinity 60 kV or rights-of- + way; + (V) Electric Transmission Line + Humboldt--Trinity 115 kV or rights-of- + way; + (VI) Electric Transmission Line + Maple Creek--Hoopa 60 kV or rights-of- + way; + (VII) Electric Distribution Line-- + Willow Creek 1101 12 kV or rights-of- + way; + (VIII) Electric Distribution Line-- + Willow Creek 1103 12 kV or rights-of- + way; + (IX) Electric Distribution Line-- + Low Gap 1101 12 kV or rights-of-way; + (X) Electric Distribution Line-- + Fort Seward 1121 12 kV or rights-of- + way; + (XI) Forest Glen Border District + Regulator Station or rights-of-way; + (XII) Durret District Gas Regulator + Station or rights-of-way; + (XIII) Gas Distribution Line 4269C + or rights-of-way; + (XIV) Gas Distribution Line 43991 + or rights-of-way; + (XV) Gas Distribution Line 4993D or + rights-of-way; + (XVI) Sportsmans Club District Gas + Regulator Station or rights-of-way; + (XVII) Highway 36 and Zenia + District Gas Regulator Station or + rights-of-way; + (XVIII) Dinsmore Lodge 2nd Stage + Gas Regulator Station or rights-of-way; + (XIX) Electric Distribution Line-- + Wildwood 1101 12kV or rights-of-way; + (XX) Low Gap Substation; + (XXI) Hyampom Switching Station; or + (XXII) Wildwood Substation; + (ii) Bigfoot National Recreation Trail + known as-- + (I) Gas Transmission Line 177A or + rights-of-way; + (II) Electric Transmission Line + Humboldt--Trinity 115 kV or rights-of- + way; + (III) Electric Transmission Line + Bridgeville--Cottonwood 115 kV or + rights-of-way; or + (IV) Electric Transmission Line + Humboldt--Trinity 60 kV or rights-of- + way; + (iii) Sanhedrin Special Conservation + Management Area known as, Electric Distribution + Line--Willits 1103 12 kV or rights-of-way; or + (iv) Horse Mountain Special Management Area + known as, Electric Distribution Line Willow + Creek 1101 12 kV or rights-of-way; or + (B) utility facilities of the Pacific Gas and + Electric Company in rights-of-way issued, granted, or + permitted by the Secretary adjacent to a utility + facility referred to in paragraph (1). + (b) Plans for Access.--Not later than 1 year after the date of +enactment of this subtitle or the issuance of a new utility facility +right-of-way within the South Fork Trinity--Mad River Restoration Area, +Bigfoot National Recreation Trail, Sanhedrin Special Conservation +Management Area, and Horse Mountain Special Management Area, whichever +is later, the Secretary, in consultation with the Pacific Gas and +Electric Company, shall publish plans for regular and emergency access +by the Pacific Gas and Electric Company to the rights-of-way of the +Pacific Gas and Electric Company. + + TITLE III--CENTRAL COAST HERITAGE PROTECTION + +SEC. 20301. SHORT TITLE. + + This title may be cited as the ``Central Coast Heritage Protection +Act''. + +SEC. 20302. DEFINITIONS. + + In this title: + (1) Scenic areas.--The term ``scenic area'' means a scenic + area designated by section 20308(a). + (2) Secretary.--The term ``Secretary'' means-- + (A) with respect to land managed by the Bureau of + Land Management, the Secretary of the Interior; and + (B) with respect to land managed by the Forest + Service, the Secretary of Agriculture. + (3) State.--The term ``State'' means the State of + California. + (4) Wilderness area.--The term ``wilderness area'' means a + wilderness area or wilderness addition designated by section + 20303(a). + +SEC. 20303. DESIGNATION OF WILDERNESS. + + (a) In General.--In accordance with the Wilderness Act (16 U.S.C. +1131 et seq.), the following areas in the State are designated as +wilderness areas and as components of the National Wilderness +Preservation System: + (1) Certain land in the Bakersfield Field Office of the + Bureau of Land Management comprising approximately 35,116 + acres, as generally depicted on the map entitled ``Proposed + Caliente Mountain Wilderness'' and dated November 13, 2019, + which shall be known as the ``Caliente Mountain Wilderness''. + (2) Certain land in the Bakersfield Field Office of the + Bureau of Land Management comprising approximately 13,332 + acres, as generally depicted on the map entitled ``Proposed + Soda Lake Wilderness'' and dated June 25, 2019, which shall be + known as the ``Soda Lake Wilderness''. + (3) Certain land in the Bakersfield Field Office of the + Bureau of Land Management comprising approximately 12,585 + acres, as generally depicted on the map entitled ``Proposed + Temblor Range Wilderness'' and dated June 25, 2019, which shall + be known as the ``Temblor Range Wilderness''. + (4) Certain land in the Los Padres National Forest + comprising approximately 23,670 acres, as generally depicted on + the map entitled ``Chumash Wilderness Area Additions-- + Proposed'' and dated March 29, 2019, which shall be + incorporated into and managed as part of the Chumash Wilderness + as designated by the Los Padres Condor Range and River + Protection Act (Public Law 102-301; 106 Stat. 242). + (5) Certain land in the Los Padres National Forest + comprising approximately 54,036 acres, as generally depicted on + the maps entitled ``Dick Smith Wilderness Area Additions-- + Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and + ``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2 + (Buckhorn and Mono Units)'' and dated November 14, 2019, which + shall be incorporated into and managed as part of the Dick + Smith Wilderness as designated by the California Wilderness Act + of 1984 (Public Law 98-425; 16 U.S.C. 1132 note). + (6) Certain land in the Los Padres National Forest and the + Bakersfield Field Office of the Bureau of Land Management + comprising approximately 7,289 acres, as generally depicted on + the map entitled ``Garcia Wilderness Area Additions--Proposed'' + and dated March 29, 2019, which shall be incorporated into and + managed as part of the Garcia Wilderness as designated by the + Los Padres Condor Range and River Protection Act (Public Law + 102-301; 106 Stat. 242). + (7) Certain land in the Los Padres National Forest and the + Bakersfield Field Office of the Bureau of Land Management + comprising approximately 8,774 acres, as generally depicted on + the map entitled ``Machesna Mountain Wilderness--Proposed + Additions'' and dated October 30, 2019, which shall be + incorporated into and managed as part of the Machesna Mountain + Wilderness as designated by the California Wilderness Act of + 1984 (Public Law 98-425; 16 U.S.C. 1132 note). + (8) Certain land in the Los Padres National Forest + comprising approximately 30,184 acres, as generally depicted on + the map entitled ``Matilija Wilderness Area Additions-- + Proposed'' and dated March 29, 2019, which shall be + incorporated into and managed as part of the Matilija + Wilderness as designated by the Los Padres Condor Range and + River Protection Act (Public Law 102-301; 106 Stat. 242). + (9) Certain land in the Los Padres National Forest + comprising approximately 23,969 acres, as generally depicted on + the map entitled ``San Rafael Wilderness Area Additions-- + Proposed'' and dated March 29, 2019, which shall be + incorporated into and managed as part of the San Rafael + Wilderness as designated by Public Law 90-271 (82 Stat. 51), + the California Wilderness Act of 1984 (Public Law 98-425; 16 + U.S.C. 1132 note), and the Los Padres Condor Range and River + Protection Act (Public Law 102-301; 106 Stat. 242). + (10) Certain land in the Los Padres National Forest + comprising approximately 2,921 acres, as generally depicted on + the map entitled ``Santa Lucia Wilderness Area Additions-- + Proposed'' and dated March 29, 2019, which shall be + incorporated into and managed as part of the Santa Lucia + Wilderness as designated by the Endangered American Wilderness + Act of 1978 (Public Law 95-237; 16 U.S.C. 1132 note). + (11) Certain land in the Los Padres National Forest + comprising approximately 14,313 acres, as generally depicted on + the map entitled ``Sespe Wilderness Area Additions--Proposed'' + and dated March 29, 2019, which shall be incorporated into and + managed as part of the Sespe Wilderness as designated by the + Los Padres Condor Range and River Protection Act (Public Law + 102-301; 106 Stat. 242). + (12) Certain land in the Los Padres National Forest + comprising approximately 17,870 acres, as generally depicted on + the map entitled ``Diablo Caliente Wilderness Area--Proposed'' + and dated March 29, 2019, which shall be known as the ``Diablo + Caliente Wilderness''. + (b) Maps and Legal Descriptions.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file maps and legal + descriptions of the wilderness areas with-- + (A) the Committee on Energy and Natural Resources + of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + (2) Force of law.--The maps and legal descriptions filed + under paragraph (1) shall have the same force and effect as if + included in this title, except that the Secretary may correct + any clerical and typographical errors in the maps and legal + descriptions. + (3) Public availability.--The maps and legal descriptions + filed under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service and Bureau of Land Management. + +SEC. 20304. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL WILDERNESS. + + (a) Designation.--In furtherance of the purposes of the Wilderness +Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National +Forest comprising approximately 2,359 acres, as generally depicted on +the map entitled ``Machesna Mountain Potential Wilderness'' and dated +March 29, 2019, is designated as the Machesna Mountain Potential +Wilderness Area. + (b) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file a map and legal + description of the Machesna Mountain Potential Wilderness Area + (referred to in this section as the ``potential wilderness + area'') with-- + (A) the Committee on Energy and Natural Resources + of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + (2) Force of law.--The map and legal description filed + under paragraph (1) shall have the same force and effect as if + included in this title, except that the Secretary may correct + any clerical and typographical errors in the map and legal + description. + (3) Public availability.--The map and legal description + filed under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service. + (c) Management.--Except as provided in subsection (d) and subject +to valid existing rights, the Secretary shall manage the potential +wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 +et seq.). + (d) Trail Use, Construction, Reconstruction, and Realignment.-- + (1) In general.--In accordance with paragraph (2), the + Secretary may reconstruct, realign, or reroute the Pine + Mountain Trail. + (2) Requirement.--In carrying out the reconstruction, + realignment, or rerouting under paragraph (1), the Secretary + shall-- + (A) comply with all existing laws (including + regulations); and + (B) to the maximum extent practicable, use the + minimum tool or administrative practice necessary to + accomplish the reconstruction, realignment, or + rerouting with the least amount of adverse impact on + wilderness character and resources. + (3) Motorized vehicles and machinery.--In accordance with + paragraph (2), the Secretary may use motorized vehicles and + machinery to carry out the trail reconstruction, realignment, + or rerouting authorized by this subsection. + (4) Motorized and mechanized vehicles.--The Secretary may + permit the use of motorized and mechanized vehicles on the + existing Pine Mountain Trail in accordance with existing law + (including regulations) and this subsection until such date as + the potential wilderness area is designated as wilderness in + accordance with subsection (h). + (e) Withdrawal.--Subject to valid existing rights, the Federal land +in the potential wilderness area is withdrawn from all forms of-- + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) disposition under all laws pertaining to mineral and + geothermal leasing or mineral materials. + (f) Cooperative Agreements.--In carrying out this section, the +Secretary may enter into cooperative agreements with State, Tribal, and +local governmental entities and private entities to complete the trail +reconstruction, realignment, or rerouting authorized by subsection (d). + (g) Boundaries.--The Secretary shall modify the boundary of the +potential wilderness area to exclude any area within 150 feet of the +centerline of the new location of any trail that has been +reconstructed, realigned, or rerouted under subsection (d). + (h) Wilderness Designation.-- + (1) In general.--The potential wilderness area, as modified + under subsection (g), shall be designated as wilderness and as + a component of the National Wilderness Preservation System on + the earlier of-- + (A) the date on which the Secretary publishes in + the Federal Register notice that the trail + reconstruction, realignment, or rerouting authorized by + subsection (d) has been completed; or + (B) the date that is 20 years after the date of + enactment of this Act. + (2) Administration of wilderness.--On designation as + wilderness under this section, the potential wilderness area + shall be-- + (A) incorporated into the Machesna Mountain + Wilderness Area, as designated by the California + Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. + 1132 note) and expanded by section 20303; and + (B) administered in accordance with section 305 and + the Wilderness Act (16 U.S.C. 1131 et seq.). + +SEC. 20305. ADMINISTRATION OF WILDERNESS. + + (a) In General.--Subject to valid existing rights, the wilderness +areas shall be administered by the Secretary in accordance with this +title and the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- + (1) any reference in the Wilderness Act (16 U.S.C. 1131 et + seq.) to the effective date of that Act shall be considered to + be a reference to the date of enactment of this Act; and + (2) any reference in the Wilderness Act (16 U.S.C. 1131 et + seq.) to the Secretary of Agriculture shall be considered to be + a reference to the Secretary that has jurisdiction over the + wilderness area. + (b) Fire Management and Related Activities.-- + (1) In general.--The Secretary may take any measures in a + wilderness area as are necessary for the control of fire, + insects, and diseases in accordance with section 4(d)(1) of the + Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of + the 98th Congress. + (2) Funding priorities.--Nothing in this title limits + funding for fire and fuels management in the wilderness areas. + (3) Revision and development of local fire management + plans.--As soon as practicable after the date of enactment of + this Act, the Secretary shall amend the local information in + the Fire Management Reference System or individual operational + plans that apply to the land designated as a wilderness area. + (4) Administration.--Consistent with paragraph (1) and + other applicable Federal law, to ensure a timely and efficient + response to fire emergencies in the wilderness areas, the + Secretary shall enter into agreements with appropriate State or + local firefighting agencies. + (c) Grazing.--The grazing of livestock in the wilderness areas, if +established before the date of enactment of this Act, shall be +permitted to continue, subject to any reasonable regulations as the +Secretary considers necessary in accordance with-- + (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); + (2) the guidelines set forth in Appendix A of House Report + 101-405, accompanying H.R. 2570 of the 101st Congress for land + under the jurisdiction of the Secretary of the Interior; + (3) the guidelines set forth in House Report 96-617, + accompanying H.R. 5487 of the 96th Congress for land under the + jurisdiction of the Secretary of Agriculture; and + (4) all other laws governing livestock grazing on Federal + public land. + (d) Fish and Wildlife.-- + (1) In general.--In accordance with section 4(d)(7) of the + Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title + affects the jurisdiction or responsibilities of the State with + respect to fish and wildlife on public land in the State. + (2) Management activities.--In furtherance of the purposes + and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), + the Secretary may conduct any management activities that are + necessary to maintain or restore fish and wildlife populations + and habitats in the wilderness areas, if the management + activities are-- + (A) consistent with relevant wilderness management + plans; + (B) conducted in accordance with appropriate + policies, such as the policies established in Appendix + B of House Report 101-405; and + (C) in accordance with memoranda of understanding + between the Federal agencies and the State Department + of Fish and Wildlife. + (e) Buffer Zones.-- + (1) In general.--Congress does not intend for the + designation of wilderness areas by this title to lead to the + creation of protective perimeters or buffer zones around each + wilderness area. + (2) Activities or uses up to boundaries.--The fact that + nonwilderness activities or uses can be seen or heard from + within a wilderness area shall not, of itself, preclude the + activities or uses up to the boundary of the wilderness area. + (f) Military Activities.--Nothing in this title precludes-- + (1) low-level overflights of military aircraft over the + wilderness areas; + (2) the designation of new units of special airspace over + the wilderness areas; or + (3) the use or establishment of military flight training + routes over wilderness areas. + (g) Horses.--Nothing in this title precludes horseback riding in, +or the entry of recreational saddle or pack stock into, a wilderness +area-- + (1) in accordance with section 4(d)(5) of the Wilderness + Act (16 U.S.C. 1133(d)(5)); and + (2) subject to any terms and conditions determined to be + necessary by the Secretary. + (h) Withdrawal.--Subject to valid existing rights, the wilderness +areas are withdrawn from-- + (1) all forms of entry, appropriation, and disposal under + the public land laws; + (2) location, entry, and patent under the mining laws; and + (3) disposition under all laws pertaining to mineral and + geothermal leasing or mineral materials. + (i) Incorporation of Acquired Land and Interests.--Any land within +the boundary of a wilderness area that is acquired by the United States +shall-- + (1) become part of the wilderness area in which the land is + located; and + (2) be managed in accordance with-- + (A) this section; + (B) the Wilderness Act (16 U.S.C. 1131 et seq.); + and + (C) any other applicable law. + (j) Climatological Data Collection.--In accordance with the +Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms and +conditions as the Secretary may prescribe, the Secretary may authorize +the installation and maintenance of hydrologic, meteorologic, or +climatological collection devices in the wilderness areas if the +Secretary determines that the facilities and access to the facilities +are essential to flood warning, flood control, or water reservoir +operation activities. + +SEC. 20306. DESIGNATION OF WILD AND SCENIC RIVERS. + + (a) Indian Creek, Mono Creek, and Matilija Creek, California.-- +Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. +1274(a)) is amended by adding at the end the following: + ``(231) Indian creek, california.--The following segments + of Indian Creek in the State of California, to be administered + by the Secretary of Agriculture: + ``(A) The 9.5-mile segment of Indian Creek from its + source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith + Wilderness boundary, as a wild river. + ``(B) The 1-mile segment of Indian Creek from the + Dick Smith Wilderness boundary to 0.25 miles downstream + of Road 6N24, as a scenic river. + ``(C) The 3.9-mile segment of Indian Creek from + 0.25 miles downstream of Road 6N24 to the southern + boundary of sec. 32, T. 6 N., R. 26 W., as a wild + river. + ``(232) Mono creek, california.--The following segments of + Mono Creek in the State of California, to be administered by + the Secretary of Agriculture: + ``(A) The 4.2-mile segment of Mono Creek from its + source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles + upstream of Don Victor Fire Road in sec. 28, T. 7 N., + R. 25 W., as a wild river. + ``(B) The 2.1-mile segment of Mono Creek from 0.25 + miles upstream of the Don Victor Fire Road in sec. 28, + T. 7 N., R. 25 W., to 0.25 miles downstream of Don + Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a + recreational river. + ``(C) The 14.7-mile segment of Mono Creek from 0.25 + miles downstream of Don Victor Fire Road in sec. 34, T. + 7 N., R. 25 W., to the Ogilvy Ranch private property + boundary in sec. 22, T. 6 N., R. 26 W., as a wild + river. + ``(D) The 3.5-mile segment of Mono Creek from the + Ogilvy Ranch private property boundary to the southern + boundary of sec. 33, T. 6 N., R. 26 W., as a + recreational river. + ``(233) Matilija creek, california.--The following segments + of Matilija Creek in the State of California, to be + administered by the Secretary of Agriculture: + ``(A) The 7.2-mile segment of the Matilija Creek + from its source in sec. 25, T. 6 N., R. 25 W., to the + private property boundary in sec. 9, T. 5 N., R. 24 W., + as a wild river. + ``(B) The 7.25-mile segment of the Upper North Fork + Matilija Creek from its source in sec. 36, T. 6 N., R. + 24 W., to the Matilija Wilderness boundary, as a wild + river.''. + (b) Sespe Creek, California.--Section 3(a) of the National Wild and +Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph +(142) and inserting the following: + ``(142) Sespe creek, california.--The following segments of + Sespe Creek in the State of California, to be administered by + the Secretary of Agriculture: + ``(A) The 2.7-mile segment of Sespe Creek from the + private property boundary in sec. 10, T. 6 N., R. 24 + W., to the Hartman Ranch private property boundary in + sec. 14, T. 6 N., R. 24 W., as a wild river. + ``(B) The 15-mile segment of Sespe Creek from the + Hartman Ranch private property boundary in sec. 14, T. + 6 N., R. 24 W., to the western boundary of sec. 6, T. 5 + N., R. 22 W., as a recreational river. + ``(C) The 6.1-mile segment of Sespe Creek from the + western boundary of sec. 6, T. 5 N., R. 22 W., to the + confluence with Trout Creek, as a scenic river. + ``(D) The 28.6-mile segment of Sespe Creek from the + confluence with Trout Creek to the southern boundary of + sec. 35, T. 5 N., R. 20 W., as a wild river.''. + (c) Sisquoc River, California.--Section 3(a) of the National Wild +and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking +paragraph (143) and inserting the following: + ``(143) Sisquoc river, california.--The following segments + of the Sisquoc River and its tributaries in the State of + California, to be administered by the Secretary of Agriculture: + ``(A) The 33-mile segment of the main stem of the + Sisquoc River extending from its origin downstream to + the Los Padres Forest boundary, as a wild river. + ``(B) The 4.2-mile segment of the South Fork + Sisquoc River from its source northeast of San Rafael + Mountain in sec. 2, T. 7 N., R. 28 W., to its + confluence with the Sisquoc River, as a wild river. + ``(C) The 10.4-mile segment of Manzana Creek from + its source west of San Rafael Peak in sec. 4, T. 7 N., + R. 28 W., to the San Rafael Wilderness boundary + upstream of Nira Campground, as a wild river. + ``(D) The 0.6-mile segment of Manzana Creek from + the San Rafael Wilderness boundary upstream of the Nira + Campground to the San Rafael Wilderness boundary + downstream of the confluence of Davy Brown Creek, as a + recreational river. + ``(E) The 5.8-mile segment of Manzana Creek from + the San Rafael Wilderness boundary downstream of the + confluence of Davy Brown Creek to the private property + boundary in sec. 1, T. 8 N., R. 30 W., as a wild river. + ``(F) The 3.8-mile segment of Manzana Creek from + the private property boundary in sec. 1, T. 8 N., R. 30 + W., to the confluence of the Sisquoc River, as a + recreational river. + ``(G) The 3.4-mile segment of Davy Brown Creek from + its source west of Ranger Peak in sec. 32, T. 8 N., R. + 29 W., to 300 feet upstream of its confluence with + Munch Canyon, as a wild river. + ``(H) The 1.4-mile segment of Davy Brown Creek from + 300 feet upstream of its confluence with Munch Canyon + to its confluence with Manzana Creek, as a recreational + river. + ``(I) The 2-mile segment of Munch Canyon from its + source north of Ranger Peak in sec. 33, T. 8 N., R. 29 + W., to 300 feet upstream of its confluence with Sunset + Valley Creek, as a wild river. + ``(J) The 0.5-mile segment of Munch Canyon from 300 + feet upstream of its confluence with Sunset Valley + Creek to its confluence with Davy Brown Creek, as a + recreational river. + ``(K) The 2.6-mile segment of Fish Creek from 500 + feet downstream of Sunset Valley Road to its confluence + with Manzana Creek, as a wild river. + ``(L) The 1.5-mile segment of East Fork Fish Creek + from its source in sec. 26, T. 8 N., R. 29 W., to its + confluence with Fish Creek, as a wild river.''. + (d) Piru Creek, California.--Section 3(a) of the National Wild and +Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph +(199) and inserting the following: + ``(199) Piru creek, california.--The following segments of + Piru Creek in the State of California, to be administered by + the Secretary of Agriculture: + ``(A) The 9.1-mile segment of Piru Creek from its + source in sec. 3, T. 6 N., R. 22 W., to the private + property boundary in sec. 4, T. 6 N., R. 21 W., as a + wild river. + ``(B) The 17.2-mile segment of Piru Creek from the + private property boundary in sec. 4, T. 6 N., R. 21 W., + to 0.25 miles downstream of the Gold Hill Road, as a + scenic river. + ``(C) The 4.1-mile segment of Piru Creek from 0.25 + miles downstream of Gold Hill Road to the confluence + with Trail Canyon, as a wild river. + ``(D) The 7.25-mile segment of Piru Creek from the + confluence with Trail Canyon to the confluence with + Buck Creek, as a scenic river. + ``(E) The 3-mile segment of Piru Creek from 0.5 + miles downstream of Pyramid Dam at the first bridge + crossing to the boundary of the Sespe Wilderness, as a + recreational river. + ``(F) The 13-mile segment of Piru Creek from the + boundary of the Sespe Wilderness to the boundary of the + Sespe Wilderness, as a wild river. + ``(G) The 2.2-mile segment of Piru Creek from the + boundary of the Sespe Wilderness to the upper limit of + Piru Reservoir, as a recreational river.''. + (e) Effect.--The designation of additional miles of Piru Creek +under subsection (d) shall not affect valid water rights in existence +on the date of enactment of this Act. + (f) Motorized Use of Trails.--Nothing in this section (including +the amendments made by this section) affects the motorized use of +trails designated by the Forest Service for motorized use that are +located adjacent to and crossing upper Piru Creek, if the use is +consistent with the protection and enhancement of river values under +the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). + +SEC. 20307. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL WILDERNESS. + + (a) Designation.--In furtherance of the purposes of the Wilderness +Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National +Forest comprising approximately 41,082 acres, as generally depicted on +the map entitled ``Fox Mountain Potential Wilderness Area'' and dated +November 14, 2019, is designated as the Fox Mountain Potential +Wilderness Area. + (b) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary of Agriculture shall file + a map and a legal description of the Fox Mountain Potential + Wilderness Area (referred to in this section as the ``potential + wilderness area'') with-- + (A) the Committee on Energy and Natural Resources + of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + (2) Force of law.--The map and legal description filed + under paragraph (1) shall have the same force and effect as if + included in this title, except that the Secretary of + Agriculture may correct any clerical and typographical errors + in the map and legal description. + (3) Public availability.--The map and legal description + filed under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service. + (c) Management.--Except as provided in subsection (d) and subject +to valid existing rights, the Secretary shall manage the potential +wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 +et seq.). + (d) Trail Use Construction, Reconstruction, and Realignment.-- + (1) In general.--In accordance with paragraph (2), the + Secretary of Agriculture may-- + (A) construct a new trail for use by hikers, + equestrians, and mechanized vehicles that connects the + Aliso Park Campground to the Bull Ridge Trail; and + (B) reconstruct or realign-- + (i) the Bull Ridge Trail; and + (ii) the Rocky Ridge Trail. + (2) Requirement.--In carrying out the construction, + reconstruction, or alignment under paragraph (1), the Secretary + shall-- + (A) comply with all existing laws (including + regulations); and + (B) to the maximum extent practicable, use the + minimum tool or administrative practice necessary to + accomplish the construction, reconstruction, or + alignment with the least amount of adverse impact on + wilderness character and resources. + (3) Motorized vehicles and machinery.--In accordance with + paragraph (2), the Secretary may use motorized vehicles and + machinery to carry out the trail construction, reconstruction, + or realignment authorized by this subsection. + (4) Mechanized vehicles.--The Secretary may permit the use + of mechanized vehicles on the existing Bull Ridge Trail and + Rocky Ridge Trail in accordance with existing law (including + regulations) and this subsection until such date as the + potential wilderness area is designated as wilderness in + accordance with subsection (h). + (e) Withdrawal.--Subject to valid existing rights, the Federal land +in the potential wilderness area is withdrawn from all forms of-- + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) disposition under all laws pertaining to mineral and + geothermal leasing or mineral materials. + (f) Cooperative Agreements.--In carrying out this section, the +Secretary may enter into cooperative agreements with State, Tribal, and +local governmental entities and private entities to complete the trail +construction, reconstruction, and realignment authorized by subsection +(d). + (g) Boundaries.--The Secretary shall modify the boundary of the +potential wilderness area to exclude any area within 50 feet of the +centerline of the new location of any trail that has been constructed, +reconstructed, or realigned under subsection (d). + (h) Wilderness Designation.-- + (1) In general.--The potential wilderness area, as modified + under subsection (g), shall be designated as wilderness and as + a component of the National Wilderness Preservation System on + the earlier of-- + (A) the date on which the Secretary publishes in + the Federal Register notice that the trail + construction, reconstruction, or alignment authorized + by subsection (d) has been completed; or + (B) the date that is 20 years after the date of + enactment of this Act. + (2) Administration of wilderness.--On designation as + wilderness under this section, the potential wilderness area + shall be-- + (A) incorporated into the San Rafael Wilderness, as + designated by Public Law 90-271 (82 Stat. 51), the + California Wilderness Act of 1984 (Public Law 98-425; + 16 U.S.C. 1132 note), and the Los Padres Condor Range + and River Protection Act (Public Law 102-301; 106 Stat. + 242), and section 20303; and + (B) administered in accordance with section 20305 + and the Wilderness Act (16 U.S.C. 1131 et seq.). + +SEC. 20308. DESIGNATION OF SCENIC AREAS. + + (a) In General.--Subject to valid existing rights, there are +established the following scenic areas: + (1) Condor ridge scenic area.--Certain land in the Los + Padres National Forest comprising approximately 18,666 acres, + as generally depicted on the map entitled ``Condor Ridge Scenic + Area--Proposed'' and dated March 29, 2019, which shall be known + as the ``Condor Ridge Scenic Area''. + (2) Black mountain scenic area.--Certain land in the Los + Padres National Forest and the Bakersfield Field Office of the + Bureau of Land Management comprising approximately 16,216 + acres, as generally depicted on the map entitled ``Black + Mountain Scenic Area--Proposed'' and dated March 29, 2019, + which shall be known as the ``Black Mountain Scenic Area''. + (b) Maps and Legal Descriptions.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary of Agriculture shall file + a map and legal description of the Condor Ridge Scenic Area and + Black Mountain Scenic Area with-- + (A) the Committee on Energy and Natural Resources + of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + (2) Force of law.--The maps and legal descriptions filed + under paragraph (1) shall have the same force and effect as if + included in this title, except that the Secretary of + Agriculture may correct any clerical and typographical errors + in the maps and legal descriptions. + (3) Public availability.--The maps and legal descriptions + filed under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service and Bureau of Land Management. + (c) Purpose.--The purpose of the scenic areas is to conserve, +protect, and enhance for the benefit and enjoyment of present and +future generations the ecological, scenic, wildlife, recreational, +cultural, historical, natural, educational, and scientific resources of +the scenic areas. + (d) Management.-- + (1) In general.--The Secretary shall administer the scenic + areas-- + (A) in a manner that conserves, protects, and + enhances the resources of the scenic areas, and in + particular the scenic character attributes of the + scenic areas; and + (B) in accordance with-- + (i) this section; + (ii) the Federal Land Policy and Management + Act (43 U.S.C. 1701 et seq.) for land under the + jurisdiction of the Secretary of the Interior; + (iii) any laws (including regulations) + relating to the National Forest System, for + land under the jurisdiction of the Secretary of + Agriculture; and + (iv) any other applicable law (including + regulations). + (2) Uses.--The Secretary shall only allow those uses of the + scenic areas that the Secretary determines would further the + purposes described in subsection (c). + (e) Withdrawal.--Subject to valid existing rights, the Federal land +in the scenic areas is withdrawn from all forms of-- + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) disposition under all laws pertaining to mineral and + geothermal leasing or mineral materials. + (f) Prohibited Uses.--The following shall be prohibited on the +Federal land within the scenic areas: + (1) Permanent roads. + (2) Permanent structures. + (3) Timber harvesting except when necessary for the + purposes described in subsection (g). + (4) Transmission lines. + (5) Except as necessary to meet the minimum requirements + for the administration of the scenic areas and to protect + public health and safety-- + (A) the use of motorized vehicles; or + (B) the establishment of temporary roads. + (6) Commercial enterprises, except as necessary for + realizing the purposes of the scenic areas. + (g) Wildfire, Insect, and Disease Management.--Consistent with this +section, the Secretary may take any measures in the scenic areas that +the Secretary determines to be necessary to control fire, insects, and +diseases, including, as the Secretary determines to be appropriate, the +coordination of those activities with the State or a local agency. + (h) Adjacent Management.--The fact that an otherwise authorized +activity or use can be seen or heard within a scenic area shall not +preclude the activity or use outside the boundary of the scenic area. + +SEC. 20309. CONDOR NATIONAL SCENIC TRAIL. + + (a) In General.--The contiguous trail established pursuant to this +section shall be known as the ``Condor National Scenic Trail'' named +after the California condor, a critically endangered bird species that +lives along the extent of the trail corridor. + (b) Purpose.--The purposes of the Condor National Scenic Trail are +to-- + (1) provide a continual extended hiking corridor that + connects the southern and northern portions of the Los Padres + National Forest, spanning the entire length of the forest along + the coastal mountains of southern and central California; and + (2) provide for the public enjoyment of the nationally + significant scenic, historic, natural, and cultural qualities + of the Los Padres National Forest. + (c) Amendment.--Section 5(a) of the National Trails System Act (16 +U.S.C. 1244(a)) is amended by adding at the end the following: + ``(31) Condor national scenic trail.-- + ``(A) In general.--The Condor National Scenic + Trail, a trail extending approximately 400 miles from + Lake Piru in the southern portion of the Los Padres + National Forest to the Bottchers Gap Campground in + northern portion of the Los Padres National Forest. + ``(B) Administration.--The trail shall be + administered by the Secretary of Agriculture, in + consultation with-- + ``(i) other Federal, State, Tribal, + regional, and local agencies; + ``(ii) private landowners; and + ``(iii) other interested organizations. + ``(C) Recreational uses.--Notwithstanding section + 7(c), the use of motorized vehicles on roads or trails + included in the Condor National Scenic Trail on which + motorized vehicles are permitted as of the date of + enactment of this paragraph may be permitted. + ``(D) Private property rights.-- + ``(i) Prohibition.--The Secretary shall not + acquire for the trail any land or interest in + land outside the exterior boundary of any + federally managed area without the consent of + the owner of land or interest in land. + ``(ii) Effect.--Nothing in this paragraph-- + ``(I) requires any private property + owner to allow public access (including + Federal, State, or local government + access) to private property; or + ``(II) modifies any provision of + Federal, State, or local law with + respect to public access to or use of + private land. + ``(E) Realignment.--The Secretary of Agriculture + may realign segments of the Condor National Scenic + Trail as necessary to fulfill the purposes of the + trail. + ``(F) Map.--A map generally depicting the trail + described in subparagraph (A) shall be on file and + available for public inspection in the appropriate + offices of the Forest Service.''. + (d) Study.-- + (1) Study required.--Not later than 3 years after the date + of enactment of this Act, in accordance with this section, the + Secretary of Agriculture shall conduct a study that-- + (A) addresses the feasibility of, and alternatives + for, connecting the northern and southern portions of + the Los Padres National Forest by establishing a trail + across the applicable portions of the northern and + southern Santa Lucia Mountains of the southern + California Coastal Range; and + (B) considers realignment of the trail or + construction of new trail segments to avoid existing + trail segments that currently allow motorized vehicles. + (2) Contents.--In carrying out the study required by + paragraph (1), the Secretary of Agriculture shall-- + (A) conform to the requirements for national scenic + trail studies described in section 5(b) of the National + Trails System Act (16 U.S.C. 1244(b)); + (B) provide for a continual hiking route through + and connecting the southern and northern sections of + the Los Padres National Forest; + (C) promote recreational, scenic, wilderness and + cultural values; + (D) enhance connectivity with the overall National + Forest trail system; + (E) consider new connectors and realignment of + existing trails; + (F) emphasize safe and continuous public access, + dispersal from high-use areas, and suitable water + sources; and + (G) to the extent practicable, provide all-year + use. + (3) Additional requirement.--In completing the study + required by paragraph (1), the Secretary of Agriculture shall + consult with-- + (A) appropriate Federal, State, Tribal, regional, + and local agencies; + (B) private landowners; + (C) nongovernmental organizations; and + (D) members of the public. + (4) Submission.--The Secretary of Agriculture shall submit + the study required by paragraph (1) to-- + (A) the Committee on Natural Resources of the House + of Representatives; and + (B) the Committee on Energy and Natural Resources + of the Senate. + (5) Additions and alterations to the condor national scenic + trail.-- + (A) In general.--Upon completion of the study + required by paragraph (1), if the Secretary of + Agriculture determines that additional or alternative + trail segments are feasible for inclusion in the Condor + National Scenic Trail, the Secretary of Agriculture + shall include those segments in the Condor National + Scenic Trail. + (B) Effective date.--Additions or alternations to + the Condor National Scenic Trail shall be effective on + the date the Secretary of Agriculture publishes in the + Federal Register notice that the additional or + alternative segments are included in the Condor + National Scenic Trail. + (e) Cooperative Agreements.--In carrying out this section +(including the amendments made by this section), the Secretary of +Agriculture may enter into cooperative agreements with State, Tribal, +and local government entities and private entities to complete needed +trail construction, reconstruction, and realignment projects authorized +by this section (including the amendments made by this section). + +SEC. 20310. FOREST SERVICE STUDY. + + Not later than 6 years after the date of enactment of this Act, the +Secretary of Agriculture (acting through the Chief of the Forest +Service) shall study the feasibility of opening a new trail, for +vehicles measuring 50 inches or less, connecting Forest Service Highway +95 to the existing off-highway vehicle trail system in the Ballinger +Canyon off-highway vehicle area. + +SEC. 20311. NONMOTORIZED RECREATION OPPORTUNITIES. + + Not later than 6 years after the date of enactment of this Act, the +Secretary of Agriculture, in consultation with interested parties, +shall conduct a study to improve nonmotorized recreation trail +opportunities (including mountain bicycling) on land not designated as +wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger +districts. + +SEC. 20312. USE BY MEMBERS OF TRIBES. + + (a) Access.--The Secretary shall ensure that Tribes have access, in +accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the +wilderness areas, scenic areas, and potential wilderness areas +designated by this title for traditional cultural and religious +purposes. + (b) Temporary Closures.-- + (1) In general.--In carrying out this section, the + Secretary, on request of a Tribe, may temporarily close to the + general public one or more specific portions of a wilderness + area, scenic area, or potential wilderness area designated by + this title to protect the privacy of the members of the Tribe + in the conduct of traditional cultural and religious + activities. + (2) Requirement.--Any closure under paragraph (1) shall + be-- + (A) made in such a manner as to affect the smallest + practicable area for the minimum period of time + necessary for the activity to be carried out; and + (B) be consistent with the purpose and intent of + Public Law 95-341 (commonly known as the American + Indian Religious Freedom Act) (42 U.S.C. 1996) and the + Wilderness Act (16 U.S.C. 1131 et seq.). + + TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION + +SEC. 20401. SHORT TITLE. + + This title may be cited as the ``San Gabriel Mountains Foothills +and Rivers Protection Act''. + +SEC. 20402. DEFINITION OF STATE. + + In this title, the term ``State'' means the State of California. + + Subtitle A--San Gabriel National Recreation Area + +SEC. 20411. PURPOSES. + + The purposes of this subtitle are-- + (1) to conserve, protect, and enhance for the benefit and + enjoyment of present and future generations the ecological, + scenic, wildlife, recreational, cultural, historical, natural, + educational, and scientific resources of the Recreation Area; + (2) to provide environmentally responsible, well-managed + recreational opportunities within the Recreation Area; + (3) to improve access to and from the Recreation Area; + (4) to provide expanded educational and interpretive + services to increase public understanding of, and appreciation + for, the natural and cultural resources of the Recreation Area; + (5) to facilitate the cooperative management of the land + and resources within the Recreation Area, in collaboration with + the State and political subdivisions of the State, historical, + business, cultural, civic, recreational, tourism and other + nongovernmental organizations, and the public; and + (6) to allow the continued use of the Recreation Area by + all individuals, entities, and local government agencies in + activities relating to integrated water management, flood + protection, water conservation, water quality, water rights, + water supply, groundwater recharge and monitoring, wastewater + treatment, public roads and bridges, and utilities within or + adjacent to the Recreation Area. + +SEC. 20412. DEFINITIONS. + + In this subtitle: + (1) Adjudication.--The term ``adjudication'' means any + final judgment, order, ruling, or decree entered in any + judicial proceeding adjudicating or affecting water rights, + surface water management, or groundwater management. + (2) Advisory council.--The term ``Advisory Council'' means + the San Gabriel National Recreation Area Public Advisory + Council established under section 20417(a). + (3) Federal lands.--The term ``Federal lands'' means-- + (A) public lands under the jurisdiction of the + Secretary of the Interior; and + (B) lands under the jurisdiction of the Secretary + of Defense, acting through the Chief of Engineers. + (4) Management plan.--The term ``management plan'' means + the management plan for the Recreation Area required under + section 20414(d). + (5) Partnership.--The term ``Partnership'' means the San + Gabriel National Recreation Area Partnership established by + section 20418(a). + (6) Public water system.--The term ``public water system'' + has the meaning given the term in 42 U.S.C. 300(f)(4) or in + section 116275 of the California Health and Safety Code. + (7) Recreation area.--The term ``Recreation Area'' means + the San Gabriel National Recreation Area established by section + 20413(a). + (8) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (9) Utility facility.--The term ``utility facility'' + means-- + (A) any electric substations, communication + facilities, towers, poles, and lines, ground wires, + communication circuits, and other structures, and + related infrastructure; and + (B) any such facilities associated with a public + water system. + (10) Water resource facility.--The term ``water resource + facility'' means irrigation and pumping facilities, dams and + reservoirs, flood control facilities, water conservation works, + including debris protection facilities, sediment placement + sites, rain gauges and stream gauges, water quality facilities, + recycled water facilities, water pumping, conveyance and + distribution systems, water storage tanks and reservoirs, and + water treatment facilities, aqueducts, canals, ditches, + pipelines, wells, hydropower projects, and transmission and + other ancillary facilities, groundwater recharge facilities, + water conservation, water filtration plants, and other water + diversion, conservation, groundwater recharge, storage, and + carriage structures. + +SEC. 20413. SAN GABRIEL NATIONAL RECREATION AREA. + + (a) Establishment; Boundaries.--Subject to valid existing rights, +there is established as a unit of the National Park System in the State +the San Gabriel National Recreation Area depicted as the ``Proposed San +Gabriel National Recreation Area'' on the map entitled ``San Gabriel +National Recreation Area Proposed Boundary,'' numbered 503/152,737, and +dated July 2019. + (b) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + the enactment of this Act, the Secretary shall file a map and a + legal description of the Recreation Area with-- + (A) the Committee on Energy and Natural Resources + of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + (2) Force of law.--The map and legal description filed + under paragraph (1) shall have the same force and effect as if + included in this title, except that the Secretary may correct + any clerical or typographical error in the map or legal + description. + (3) Public availability.--The map and legal description + filed under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the National + Park Service. + (c) Administration and Jurisdiction.-- + (1) Public lands.--The public lands included in the + Recreation Area shall be administered by the Secretary, acting + through the Director of the National Park Service. + (2) Department of defense land.--Although certain Federal + lands under the jurisdiction of the Secretary of Defense are + included in the recreation area, nothing in this subtitle + transfers administration jurisdiction of such Federal lands + from the Secretary of Defense or otherwise affects Federal + lands under the jurisdiction of the Secretary of Defense. + (3) State and local jurisdiction.--Nothing in this subtitle + alters, modifies, or diminishes any right, responsibility, + power, authority, jurisdiction, or entitlement of the State, a + political subdivision of the State, including, but not limited + to courts of competent jurisdiction, regulatory commissions, + boards, and departments, or any State or local agency under any + applicable Federal, State, or local law (including + regulations). + +SEC. 20414. MANAGEMENT. + + (a) National Park System.--Subject to valid existing rights, the +Secretary shall manage the public lands included in the Recreation Area +in a manner that protects and enhances the natural resources and values +of the public lands, in accordance with-- + (1) this subtitle; + (2) section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753 and 102101 of title 54, United States + Code (formerly known as the ``National Park Service Organic + Act''); + (3) the laws generally applicable to units of the National + Park System; and + (4) other applicable law, regulations, adjudications, and + orders. + (b) Cooperation With Secretary of Defense.--The Secretary shall +cooperate with the Secretary of Defense to develop opportunities for +the management of the Federal land under the jurisdiction of the +Secretary of Defense included in the Recreation Area in accordance with +the purposes described in section 20411, to the maximum extent +practicable. + (c) Treatment of Non-Federal Land.-- + (1) In general.--Nothing in this subtitle-- + (A) authorizes the Secretary to take any action + that would affect the use of any land not owned by the + United States within the Recreation Area; + (B) affects the use of, or access to, any non- + Federal land within the Recreation Area; + (C) modifies any provision of Federal, State, or + local law with respect to public access to, or use of, + non-Federal land; + (D) requires any owner of non-Federal land to allow + public access (including Federal, State, or local + government access) to private property or any other + non-Federal land; + (E) alters any duly adopted land use regulation, + approved land use plan, or any other regulatory + authority of any State or local agency or unit of + Tribal government; + (F) creates any liability, or affects any liability + under any other law, of any private property owner or + other owner of non-Federal land with respect to any + person injured on the private property or other non- + Federal land; + (G) conveys to the Partnership any land use or + other regulatory authority; + (H) shall be construed to cause any Federal, State, + or local regulation or permit requirement intended to + apply to units of the National Park System to affect + the Federal lands under the jurisdiction of the + Secretary of Defense or non-Federal lands within the + boundaries of the recreation area; or + (I) requires any local government to participate in + any program administered by the Secretary. + (2) Cooperation.--The Secretary is encouraged to work with + owners of non-Federal land who have agreed to cooperate with + the Secretary to advance the purposes of this subtitle. + (3) Buffer zones.-- + (A) In general.--Nothing in this subtitle + establishes any protective perimeter or buffer zone + around the Recreation Area. + (B) Activities or uses up to boundaries.--The fact + that an activity or use of land can be seen or heard + from within the Recreation Area shall not preclude the + activity or land use up to the boundary of the + Recreation Area. + (4) Facilities.--Nothing in this subtitle affects the + operation, maintenance, modification, construction, + destruction, removal, relocation, improvement or expansion of + any water resource facility or public water system, or any + solid waste, sanitary sewer, water or waste-water treatment, + groundwater recharge or conservation, hydroelectric, conveyance + distribution system, recycled water facility, or utility + facility located within or adjacent to the Recreation Area. + (5) Exemption.--Section 100903 of title 54, United States + Code, shall not apply to the Puente Hills landfill, materials + recovery facility, or intermodal facility. + (d) Management Plan.-- + (1) Deadline.--Not later than 3 years after the date of the + enactment of this Act, the Secretary and the Advisory Council + shall establish a comprehensive management plan for the + Recreation Area that supports the purposes described in section + 20411. + (2) Use of existing plans.--In developing the management + plan, to the extent consistent with this section, the Secretary + may incorporate any provision of a land use or other plan + applicable to the public lands included in the Recreation Area. + (3) Incorporation of visitor services plan.--To the maximum + extent practicable, the Secretary shall incorporate into the + management plan the visitor services plan under section + 20419(a)(2). + (4) Partnership.--In developing the management plan, the + Secretary shall consider recommendations of the Partnership. To + the maximum extent practicable, the Secretary shall incorporate + recommendations of the Partnership into the management plan if + the Secretary determines that the recommendations are feasible + and consistent with the purposes in section 20411, this + subtitle, and applicable laws (including regulations). + (e) Fish and Wildlife.--Nothing in this subtitle affects the +jurisdiction of the State with respect to fish or wildlife located on +public lands in the State. + +SEC. 20415. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION AREA. + + (a) Limited Acquisition Authority.-- + (1) In general.--Subject to paragraph (2), the Secretary + may acquire non-Federal land within the boundaries of the + Recreation Area only through exchange, donation, or purchase + from a willing seller. + (2) Additional requirement.--As a further condition on the + acquisition of land, the Secretary shall make a determination + that the land contains important biological, cultural, + historic, or recreational values. + (b) Prohibition on Use of Eminent Domain.--Nothing in this subtitle +authorizes the use of eminent domain to acquire land or an interest in +land. + (c) Treatment of Acquired Land.--Any land or interest in land +acquired by the United States within the boundaries of the Recreation +Area shall be-- + (1) included in the Recreation Area; and + (2) administered by the Secretary in accordance with-- + (A) this subtitle; and + (B) other applicable laws (including regulations). + +SEC. 20416. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC ROADS; + UTILITY FACILITIES. + + (a) No Effect on Water Rights.--Nothing in this subtitle or section +20422-- + (1) shall affect the use or allocation, as in existence on + the date of the enactment of this Act, of any water, water + right, or interest in water (including potable, recycled, + reclaimed, waste, imported, exported, banked, or stored water, + surface water, groundwater, and public trust interest); + (2) shall affect any public or private contract in + existence on the date of the enactment of this Act for the + sale, lease, loan, or transfer of any water (including potable, + recycled, reclaimed, waste, imported, exported, banked, or + stored water, surface water, and groundwater); + (3) shall be considered to be a relinquishment or reduction + of any water rights reserved or appropriated by the United + States in the State on or before the date of the enactment of + this Act; + (4) authorizes or imposes any new reserved Federal water + right or expands water usage pursuant to any existing Federal + reserved, riparian or appropriative right; + (5) shall be considered a relinquishment or reduction of + any water rights (including potable, recycled, reclaimed, + waste, imported, exported, banked, or stored water, surface + water, and groundwater) held, reserved, or appropriated by any + public entity or other persons or entities, on or before the + date of the enactment of this Act; + (6) shall be construed to, or shall interfere or conflict + with the exercise of the powers or duties of any watermaster, + public agency, public water system, court of competent + jurisdiction, or other body or entity responsible for + groundwater or surface water management or groundwater + replenishment as designated or established pursuant to any + adjudication or Federal or State law, including the management + of the San Gabriel River watershed and basin, to provide water + supply or other environmental benefits; + (7) shall be construed to impede or adversely impact any + previously adopted Los Angeles County Drainage Area project, as + described in the report of the Chief of Engineers dated June + 30, 1992, including any supplement or addendum to that report, + or any maintenance agreement to operate that project; + (8) shall interfere or conflict with any action by a + watermaster, water agency, public water system, court of + competent jurisdiction, or public agency pursuant to any + Federal or State law, water right, or adjudication, including + any action relating to water conservation, water quality, + surface water diversion or impoundment, groundwater recharge, + water treatment, conservation or storage of water, pollution, + waste discharge, the pumping of groundwater; the spreading, + injection, pumping, storage, or the use of water from local + sources, storm water flows, and runoff, or from imported or + recycled water, that is undertaken in connection with the + management or regulation of the San Gabriel River; + (9) shall interfere with, obstruct, hinder, or delay the + exercise of, or access to, any water right by the owner of a + public water system or any other individual or entity, + including the construction, operation, maintenance, + replacement, removal, repair, location, or relocation of any + well; pipeline; or water pumping, treatment, diversion, + impoundment, or storage facility; or other facility or property + necessary or useful to access any water right or operate an + public water system; + (10) shall require the initiation or reinitiation of + consultation with the United States Fish and Wildlife Service + under, or the application of any provision of, the Endangered + Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any + action affecting any water, water right, or water management or + water resource facility in the San Gabriel River watershed and + basin; or + (11) authorizes any agency or employee of the United + States, or any other person, to take any action inconsistent + with any of paragraphs (1) through (10). + (b) Water Resource Facilities.-- + (1) No effect on existing water resource facilities.-- + Nothing in this subtitle or section 20422 shall affect-- + (A) the use, operation, maintenance, repair, + construction, destruction, removal, reconfiguration, + expansion, improvement or replacement of a water + resource facility or public water system within or + adjacent to the Recreation Area or San Gabriel + Mountains National Monument; or + (B) access to a water resource facility within or + adjacent to the Recreation Area or San Gabriel + Mountains National Monument. + (2) No effect on new water resource facilities.--Nothing in + this subtitle or section 20422 shall preclude the establishment + of a new water resource facility (including instream sites, + routes, and areas) within the Recreation Area or San Gabriel + Mountains National Monument if the water resource facility or + public water system is necessary to preserve or enhance the + health, safety, reliability, quality or accessibility of water + supply, or utility services to residents of Los Angeles County. + (3) Flood control.--Nothing in this subtitle or section + 20422 shall be construed to-- + (A) impose any new restriction or requirement on + flood protection, water conservation, water supply, + groundwater recharge, water transfers, or water quality + operations and maintenance; or + (B) increase the liability of an agency or public + water system carrying out flood protection, water + conservation, water supply, groundwater recharge, water + transfers, or water quality operations. + (4) Diversion or use of water.--Nothing in this subtitle or + section 20422 shall authorize or require the use of water or + water rights in, or the diversion of water to, the Recreation + Area or San Gabriel Mountains National Monument. + (c) Utility Facilities and Rights of Way.--Nothing in this subtitle +or section 20422 shall-- + (1) affect the use, operation, maintenance, repair, + construction, destruction, reconfiguration, expansion, + inspection, renewal, reconstruction, alteration, addition, + relocation, improvement, removal, or replacement of a utility + facility or appurtenant right-of-way within or adjacent to the + Recreation Area or San Gabriel Mountains National Monument; + (2) affect access to a utility facility or right-of-way + within or adjacent to the Recreation Area or San Gabriel + Mountains National Monument; or + (3) preclude the establishment of a new utility facility or + right-of-way (including instream sites, routes, and areas) + within the Recreation Area or San Gabriel Mountains National + Monument if such a facility or right-of-way is necessary for + public health and safety, electricity supply, or other utility + services. + (d) Roads; Public Transit.-- + (1) Definitions.--In this subsection: + (A) Public road.--The term ``public road'' means + any paved road or bridge (including any appurtenant + structure and right-of-way) that is-- + (i) operated or maintained by a non-Federal + entity; and + (ii)(I) open to vehicular use by the + public; or + (II) used by a public agency or utility for + the operation, maintenance, improvement, + repair, removal, relocation, construction, + destruction or rehabilitation of + infrastructure, a utility facility, or a right- + of-way. + (B) Public transit.--The term ``public transit'' + means any transit service (including operations and + rights-of-way) that is-- + (i) operated or maintained by a non-Federal + entity; and + (ii)(I) open to the public; or + (II) used by a public agency or contractor + for the operation, maintenance, repair, + construction, or rehabilitation of + infrastructure, a utility facility, or a right- + of-way. + (2) No effect on public roads or public transit.--Nothing + in this subtitle or section 20422-- + (A) authorizes the Secretary to take any action + that would affect the operation, maintenance, repair, + or rehabilitation of public roads or public transit + (including activities necessary to comply with Federal + or State safety or public transit standards); or + (B) creates any new liability, or increases any + existing liability, of an owner or operator of a public + road. + +SEC. 20417. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC ADVISORY + COUNCIL. + + (a) Establishment.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall establish an advisory +council, to be known as the ``San Gabriel National Recreation Area +Public Advisory Council''. + (b) Duties.--The Advisory Council shall advise the Secretary +regarding the development and implementation of the management plan and +the visitor services plan. + (c) Applicable Law.--The Advisory Council shall be subject to-- + (1) the Federal Advisory Committee Act (5 U.S.C. App.); and + (2) all other applicable laws (including regulations). + (d) Membership.--The Advisory Council shall consist of 22 members, +to be appointed by the Secretary after taking into consideration +recommendations of the Partnership, of whom-- + (1) 2 shall represent local, regional, or national + environmental organizations; + (2) 2 shall represent the interests of outdoor recreation, + including off-highway vehicle recreation, within the Recreation + Area; + (3) 2 shall represent the interests of community-based + organizations, the missions of which include expanding access + to the outdoors; + (4) 2 shall represent business interests; + (5) 1 shall represent Indian Tribes within or adjacent to + the Recreation Area; + (6) 1 shall represent the interests of homeowners' + associations within the Recreation Area; + (7) 3 shall represent the interests of holders of + adjudicated water rights, public water systems, water agencies, + wastewater and sewer agencies, recycled water facilities, and + water management and replenishment entities; + (8) 1 shall represent energy and mineral development + interests; + (9) 1 shall represent owners of Federal grazing permits or + other land use permits within the Recreation Area; + (10) 1 shall represent archaeological and historical + interests; + (11) 1 shall represent the interests of environmental + educators; + (12) 1 shall represent cultural history interests; + (13) 1 shall represent environmental justice interests; + (14) 1 shall represent electrical utility interests; and + (15) 2 shall represent the affected public at large. + (e) Terms.-- + (1) Staggered terms.--A member of the Advisory Council + shall be appointed for a term of 3 years, except that, of the + members first appointed, 7 of the members shall be appointed + for a term of 1 year and 7 of the members shall be appointed + for a term of 2 years. + (2) Reappointment.--A member may be reappointed to serve on + the Advisory Council on the expiration of the term of service + of the member. + (3) Vacancy.--A vacancy on the Advisory Council shall be + filled in the same manner in which the original appointment was + made. + (f) Quorum.--A quorum shall be ten members of the advisory council. +The operations of the advisory council shall not be impaired by the +fact that a member has not yet been appointed as long as a quorum has +been attained. + (g) Chairperson; Procedures.--The Advisory Council shall elect a +chairperson and establish such rules and procedures as the advisory +council considers necessary or desirable. + (h) Service Without Compensation.--Members of the Advisory Council +shall serve without pay. + (i) Termination.--The Advisory Council shall cease to exist-- + (1) on the date that is 5 years after the date on which the + management plan is adopted by the Secretary; or + (2) on such later date as the Secretary considers to be + appropriate. + +SEC. 20418. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP. + + (a) Establishment.--There is established a Partnership, to be known +as the ``San Gabriel National Recreation Area Partnership''. + (b) Purposes.--The purposes of the Partnership are to-- + (1) coordinate the activities of Federal, State, Tribal, + and local authorities and the private sector in advancing the + purposes of this subtitle; and + (2) use the resources and expertise of each agency in + improving management and recreational opportunities within the + Recreation Area. + (c) Membership.--The Partnership shall include the following: + (1) The Secretary (or a designee) to represent the National + Park Service. + (2) The Secretary of Defense (or a designee) to represent + the Corps of Engineers. + (3) The Secretary of Agriculture (or a designee) to + represent the Forest Service. + (4) The Secretary of the Natural Resources Agency of the + State (or a designee) to represent-- + (A) the California Department of Parks and + Recreation; and + (B) the Rivers and Mountains Conservancy. + (5) One designee of the Los Angeles County Board of + Supervisors. + (6) One designee of the Puente Hills Habitat Preservation + Authority. + (7) Four designees of the San Gabriel Council of + Governments, of whom one shall be selected from a local land + conservancy. + (8) One designee of the San Gabriel Valley Economic + Partnership. + (9) One designee of the Los Angeles County Flood Control + District. + (10) One designee of the San Gabriel Valley Water + Association. + (11) One designee of the Central Basin Water Association. + (12) One designee of the Main San Gabriel Basin + Watermaster. + (13) One designee of a public utility company, to be + appointed by the Secretary. + (14) One designee of the Watershed Conservation Authority. + (15) One designee of the Advisory Council for the period + during which the Advisory Council remains in effect. + (16) One designee of San Gabriel Mountains National + Monument Community Collaborative. + (d) Duties.--To advance the purposes described in section 20411, +the Partnership shall-- + (1) make recommendations to the Secretary regarding the + development and implementation of the management plan; + (2) review and comment on the visitor services plan under + section 20419(a)(2), and facilitate the implementation of that + plan; + (3) assist units of local government, regional planning + organizations, and nonprofit organizations in advancing the + purposes of the Recreation Area by-- + (A) carrying out programs and projects that + recognize, protect, and enhance important resource + values within the Recreation Area; + (B) establishing and maintaining interpretive + exhibits and programs within the Recreation Area; + (C) developing recreational and educational + opportunities in the Recreation Area in accordance with + the purposes of this subtitle; + (D) increasing public awareness of, and + appreciation for, natural, historic, scenic, and + cultural resources of the Recreation Area; + (E) ensuring that signs identifying points of + public access and sites of interest are posted + throughout the Recreation Area; + (F) promoting a wide range of partnerships among + governments, organizations, and individuals to advance + the purposes of the Recreation Area; and + (G) ensuring that management of the Recreation Area + takes into consideration-- + (i) local ordinances and land-use plans; + and + (ii) adjacent residents and property + owners; + (4) make recommendations to the Secretary regarding the + appointment of members to the Advisory Council; and + (5) carry out any other actions necessary to achieve the + purposes of this subtitle. + (e) Authorities.--Subject to approval by the Secretary, for the +purposes of preparing and implementing the management plan, the +Partnership may use Federal funds made available under this section-- + (1) to make grants to the State, political subdivisions of + the State, nonprofit organizations, and other persons; + (2) to enter into cooperative agreements with, or provide + grants or technical assistance to, the State, political + subdivisions of the State, nonprofit organizations, Federal + agencies, and other interested parties; + (3) to hire and compensate staff; + (4) to obtain funds or services from any source, including + funds and services provided under any other Federal law or + program; + (5) to contract for goods or services; and + (6) to support activities of partners and any other + activities that-- + (A) advance the purposes of the Recreation Area; + and + (B) are in accordance with the management plan. + (f) Terms of Office; Reappointment; Vacancies.-- + (1) Terms.--A member of the Partnership shall be appointed + for a term of 3 years. + (2) Reappointment.--A member may be reappointed to serve on + the Partnership on the expiration of the term of service of the + member. + (3) Vacancy.--A vacancy on the Partnership shall be filled + in the same manner in which the original appointment was made. + (g) Quorum.--A quorum shall be 11 members of the Partnership. The +operations of the Partnership shall not be impaired by the fact that a +member has not yet been appointed as long as a quorum has been +attained. + (h) Chairperson; Procedures.--The Partnership shall elect a +chairperson and establish such rules and procedures as it deems +necessary or desirable. + (i) Service Without Compensation.--A member of the Partnership +shall serve without compensation. + (j) Duties and Authorities of Secretary.-- + (1) In general.--The Secretary shall convene the + Partnership on a regular basis to carry out this subtitle. + (2) Technical and financial assistance.--The Secretary may + provide to the Partnership or any member of the Partnership, on + a reimbursable or nonreimbursable basis, such technical and + financial assistance as the Secretary determines to be + appropriate to carry out this subtitle. + (3) Cooperative agreements.--The Secretary may enter into a + cooperative agreement with the Partnership, a member of the + Partnership, or any other public or private entity to provide + technical, financial, or other assistance to carry out this + subtitle. + (4) Construction of facilities on non-federal land.-- + (A) In general.--In order to facilitate the + administration of the Recreation Area, the Secretary is + authorized, subject to valid existing rights, to + construct administrative or visitor use facilities on + land owned by a non-profit organization, local agency, + or other public entity in accordance with this title + and applicable law (including regulations). + (B) Additional requirements.--A facility under this + paragraph may only be developed-- + (i) with the consent of the owner of the + non-Federal land; and + (ii) in accordance with applicable Federal, + State, and local laws (including regulations) + and plans. + (5) Priority.--The Secretary shall give priority to actions + that-- + (A) conserve the significant natural, historic, + cultural, and scenic resources of the Recreation Area; + and + (B) provide educational, interpretive, and + recreational opportunities consistent with the purposes + of the Recreation Area. + (k) Committees.--The Partnership shall establish-- + (1) a Water Technical Advisory Committee to advise the + Secretary regarding water-related issues relating to the + Recreation Area; and + (2) a Public Safety Advisory Committee to advise the + Secretary regarding public safety issues relating to the + Recreation Area. + +SEC. 20419. VISITOR SERVICES AND FACILITIES. + + (a) Visitor Services.-- + (1) Purpose.--The purpose of this subsection is to + facilitate the development of an integrated visitor services + plan to improve visitor experiences in the Recreation Area + through expanded recreational opportunities and increased + interpretation, education, resource protection, and + enforcement. + (2) Visitor services plan.-- + (A) In general.--Not later than 3 years after the + date of the enactment of this Act, the Secretary shall + develop and carry out an integrated visitor services + plan for the Recreation Area in accordance with this + paragraph. + (B) Contents.--The visitor services plan shall-- + (i) assess current and anticipated future + visitation to the Recreation Area, including + recreation destinations; + (ii) consider the demand for various types + of recreation (including hiking, picnicking, + horseback riding, and the use of motorized and + mechanized vehicles), as permissible and + appropriate; + (iii) evaluate the impacts of recreation on + natural and cultural resources, water rights + and water resource facilities, public roads, + adjacent residents and property owners, and + utilities within the Recreation Area, as well + as the effectiveness of current enforcement and + efforts; + (iv) assess the current level of + interpretive and educational services and + facilities; + (v) include recommendations to-- + (I) expand opportunities for high- + demand recreational activities, in + accordance with the purposes described + in section 20411; + (II) better manage Recreation Area + resources and improve the experience of + Recreation Area visitors through + expanded interpretive and educational + services and facilities, and improved + enforcement; and + (III) better manage Recreation Area + resources to reduce negative impacts on + the environment, ecology, and + integrated water management activities + in the Recreation Area; + (vi) in coordination and consultation with + affected owners of non-Federal land, assess + options to incorporate recreational + opportunities on non-Federal land into the + Recreation Area-- + (I) in manner consistent with the + purposes and uses of the non-Federal + land; and + (II) with the consent of the non- + Federal landowner; + (vii) assess opportunities to provide + recreational opportunities that connect with + adjacent National Forest System land; and + (viii) be developed and carried out in + accordance with applicable Federal, State, and + local laws and ordinances. + (C) Consultation.--In developing the visitor + services plan, the Secretary shall-- + (i) consult with-- + (I) the Partnership; + (II) the Advisory Council; + (III) appropriate State and local + agencies; and + (IV) interested nongovernmental + organizations; and + (ii) involve members of the public. + (b) Visitor Use Facilities.-- + (1) In general.--The Secretary may construct visitor use + facilities in the Recreation Area. + (2) Requirements.--Each facility under paragraph (1) shall + be developed in accordance with applicable Federal, State, and + local-- + (A) laws (including regulations); and + (B) plans. + (c) Donations.-- + (1) In general.--The Secretary may accept and use donated + funds (subject to appropriations), property, in-kind + contributions, and services to carry out this subtitle. + (2) Prohibition.--The Secretary may not use the authority + provided by paragraph (1) to accept non-Federal land that has + been acquired after the date of the enactment of this Act + through the use of eminent domain. + (d) Cooperative Agreements.--In carrying out this subtitle, the +Secretary may make grants to, or enter into cooperative agreements +with, units of State, Tribal, and local governments and private +entities to conduct research, develop scientific analyses, and carry +out any other initiative relating to the management of, and visitation +to, the Recreation Area. + + Subtitle B--San Gabriel Mountains + +SEC. 20421. DEFINITIONS. + + In this subtitle: + (1) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture. + (2) Wilderness area or addition.--The term ``wilderness + area or addition'' means any wilderness area or wilderness + addition designated by section 20423(a). + +SEC. 20422. NATIONAL MONUMENT BOUNDARY MODIFICATION. + + (a) In General.--The San Gabriel Mountains National Monument +established by Presidential Proclamation 9194 (54 U.S.C. 320301 note) +(referred to in this section as the ``Monument'') is modified to +include the approximately 109,167 acres of additional National Forest +System land depicted as the ``Proposed San Gabriel Mountains National +Monument Expansion'' on the map entitled ``Proposed San Gabriel +Mountains National Monument Expansion'' and dated June 26, 2019. + (b) Administration.--The Secretary shall administer the San Gabriel +Mountains National Monument, including the lands added by subsection +(a), in accordance with-- + (1) Presidential Proclamation 9194, as issued on October + 10, 2014 (54 U.S.C. 320301 note); + (2) the laws generally applicable to the Monument; and + (3) this title. + (c) Management Plan.--Within 3 years after the date of enactment of +this Act, the Secretary shall consult with State and local governments +and the interested public to update the existing San Gabriel Mountains +National Monument Plan to provide management direction and protection +for the lands added to the Monument by subsection (a). + +SEC. 20423. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS. + + (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. +1131 et seq.), the following parcels of National Forest System land in +the State are designated as wilderness and as components of the +National Wilderness Preservation System: + (1) Condor peak wilderness.--Certain Federal land in the + Angeles National Forest, comprising approximately 8,207 acres, + as generally depicted on the map entitled ``Condor Peak + Wilderness--Proposed'' and dated June 6, 2019, which shall be + known as the ``Condor Peak Wilderness''. + (2) San gabriel wilderness additions.--Certain Federal land + in the Angeles National Forest, comprising approximately 2,032 + acres, as generally depicted on the map entitled ``San Gabriel + Wilderness Additions'' and dated June 6, 2019, which is + incorporated in, and considered to be a part of, the San + Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C. + 1132 note; 82 Stat. 131). + (3) Sheep mountain wilderness additions.--Certain Federal + land in the Angeles National Forest, comprising approximately + 13,726 acres, as generally depicted on the map entitled ``Sheep + Mountain Wilderness Additions'' and dated June 6, 2019, which + is incorporated in, and considered to be a part of, the Sheep + Mountain Wilderness designated by section 101(a)(29) of the + California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 + Stat. 1623; Public Law 98-425). + (4) Yerba buena wilderness.--Certain Federal land in the + Angeles National Forest, comprising approximately 6,694 acres, + as generally depicted on the map entitled ``Yerba Buena + Wilderness--Proposed'' and dated June 6, 2019, which shall be + known as the ``Yerba Buena Wilderness''. + (b) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + the enactment of this Act, the Secretary shall file a map and a + legal description of the wilderness areas and additions with-- + (A) the Committee on Energy and Natural Resources + of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + (2) Force of law.--The map and legal description filed + under paragraph (1) shall have the same force and effect as if + included in this subtitle, except that the Secretary may + correct any clerical or typographical error in the map or legal + description. + (3) Public availability.--The map and legal description + filed under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service. + +SEC. 20424. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS. + + (a) In General.--Subject to valid existing rights, the wilderness +areas and additions shall be administered by the Secretary in +accordance with this section and the Wilderness Act (16 U.S.C. 1131 et +seq.), except that any reference in that Act to the effective date of +that Act shall be considered to be a reference to the date of the +enactment of this Act. + (b) Fire Management and Related Activities.-- + (1) In general.--The Secretary may take such measures in a + wilderness area or addition designated in section 20423 as are + necessary for the control of fire, insects, or diseases in + accordance with-- + (A) section 4(d)(1) of the Wilderness Act (16 + U.S.C. 1133(d)(1)); and + (B) House Report 98-40 of the 98th Congress. + (2) Funding priorities.--Nothing in this subtitle limits + funding for fire or fuels management in a wilderness area or + addition. + (3) Revision and development of local fire management + plans.--As soon as practicable after the date of the enactment + of this Act, the Secretary shall amend, as applicable, any + local fire management plan that applies to a wilderness area or + addition designated in section 20423. + (4) Administration.--In accordance with paragraph (1) and + any other applicable Federal law, to ensure a timely and + efficient response to a fire emergency in a wilderness area or + addition, the Secretary shall-- + (A) not later than 1 year after the date of the + enactment of this Act, establish agency approval + procedures (including appropriate delegations of + authority to the Forest Supervisor, District Manager, + or other agency officials) for responding to fire + emergencies; and + (B) enter into agreements with appropriate State or + local firefighting agencies. + (c) Grazing.--The grazing of livestock in a wilderness area or +addition, if established before the date of the enactment of this Act, +shall be administered in accordance with-- + (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); and + (2) the guidelines contained in Appendix A of the report of + the Committee on Interior and Insular Affairs of the House of + Representatives accompanying H.R. 2570 of the 101st Congress + (H. Rept. 101-405). + (d) Fish and Wildlife.-- + (1) In general.--In accordance with section 4(d)(7) of the + Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle + affects the jurisdiction or responsibility of the State with + respect to fish or wildlife on public land in the State. + (2) Management activities.-- + (A) In general.--In furtherance of the purposes and + principles of the Wilderness Act (16 U.S.C. 1131 et + seq.), the Secretary may conduct any management + activity that are necessary to maintain or restore fish + or wildlife populations or habitats in the wilderness + areas and wilderness additions designated in section + 20423, if the management activities are-- + (i) consistent with relevant wilderness + management plans; and + (ii) conducted in accordance with + appropriate policies, such as the policies + established in Appendix B of the report of the + Committee on Interior and Insular Affairs of + the House of Representatives accompanying H.R. + 2570 of the 101st Congress (H. Rept. 101-405). + (B) Inclusions.--A management activity under + subparagraph (A) may include the occasional and + temporary use of motorized vehicles, if the use, as + determined by the Secretary, would promote healthy, + viable, and more naturally distributed wildlife + populations that would enhance wilderness values while + causing the minimum impact necessary to accomplish + those tasks. + (C) Existing activities.--In accordance with + section 4(d)(1) of the Wilderness Act (16 U.S.C. + 1133(d)(1)) and appropriate policies (such as the + policies established in Appendix B of House Report 101- + 405), the State may use aircraft (including + helicopters) in a wilderness area or addition to + survey, capture, transplant, monitor, or provide water + for a wildlife population, including bighorn sheep. + (e) Buffer Zones.-- + (1) In general.--Congress does not intend for the + designation of wilderness areas or wilderness additions by + section 20423 to lead to the creation of protective perimeters + or buffer zones around each wilderness area or wilderness + addition. + (2) Activities or uses up to boundaries.--The fact that a + nonwilderness activities or uses can be seen or heard from + within a wilderness area or wilderness addition designated by + section 20423 shall not, of itself, preclude the activities or + uses up to the boundary of the wilderness area or addition. + (f) Military Activities.--Nothing in this title precludes-- + (1) low-level overflights of military aircraft over the + wilderness areas or wilderness additions designated by section + 20423; + (2) the designation of new units of special airspace over + the wilderness areas or wilderness additions designated by + section 20423; or + (3) the use or establishment of military flight training + routes over wilderness areas or wilderness additions designated + by section 20423. + (g) Horses.--Nothing in this subtitle precludes horseback riding +in, or the entry of recreational or commercial saddle or pack stock +into, an area designated as a wilderness area or wilderness addition by +section 20423-- + (1) in accordance with section 4(d)(5) of the Wilderness + Act (16 U.S.C. 1133(d)(5)); and + (2) subject to such terms and conditions as the Secretary + determines to be necessary. + (h) Law Enforcement.--Nothing in this subtitle precludes any law +enforcement or drug interdiction effort within the wilderness areas or +wilderness additions designated by section 20423 in accordance with the +Wilderness Act (16 U.S.C. 1131 et seq.). + (i) Withdrawal.--Subject to valid existing rights, the wilderness +areas and additions designated by section 20423 are withdrawn from-- + (1) all forms of entry, appropriation, and disposal under + the public land laws; + (2) location, entry, and patent under the mining laws; and + (3) operation of the mineral materials and geothermal + leasing laws. + (j) Incorporation of Acquired Land and Interests.--Any land within +the boundary of a wilderness area or addition that is acquired by the +United States shall-- + (1) become part of the wilderness area or addition in which + the land is located; and + (2) be managed in accordance with this section, the + Wilderness Act (16 U.S.C. 1131 et seq.), and any other + applicable laws (including regulations). + (k) Climatological Data Collection.--In accordance with the +Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and +conditions as the Secretary may prescribe, the Secretary may authorize +the installation and maintenance of hydrologic, meteorologic, or +climatological collection devices in a wilderness area or addition if +the Secretary determines that the facilities and access to the +facilities is essential to a flood warning, flood control, or water +reservoir operation activity. + (l) Authorized Events.--The Secretary of Agriculture may authorize +the Angeles Crest 100 competitive running event to continue in +substantially the same manner and degree in which this event was +operated and permitted in 2015 within additions to the Sheep Mountain +Wilderness in section 20423 of this title and the Pleasant View Ridge +Wilderness Area designated by section 1802 of the Omnibus Public Land +Management Act of 2009, provided that the event is authorized and +conducted in a manner compatible with the preservation of the areas as +wilderness. + +SEC. 20425. DESIGNATION OF WILD AND SCENIC RIVERS. + + (a) Designation.--Section 3(a) of the National Wild and Scenic +Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the +following: + ``(__) East fork san gabriel river, california.--The + following segments of the East Fork San Gabriel River, to be + administered by the Secretary of Agriculture in the following + classes: + ``(A) The 10-mile segment from the confluence of + the Prairie Fork and Vincent Gulch to 100 yards + upstream of the Heaton Flats trailhead and day use + area, as a wild river. + ``(B) The 2.7-mile segment from 100 yards upstream + of the Heaton Flats trailhead and day use area to 100 + yards upstream of the confluence with Williams Canyon, + as a recreational river. + ``(__) North fork san gabriel river, california.--The 4.3- + mile segment of the North Fork San Gabriel River from the + confluence with Cloudburst Canyon to 0.25 miles upstream of the + confluence with the West Fork San Gabriel River, to be + administered by the Secretary of Agriculture as a recreational + river. + ``(__) West fork san gabriel river, california.--The + following segments of the West Fork San Gabriel River, to be + administered by the Secretary of Agriculture in the following + classes: + ``(A) The 6.7-mile segment from 0.25 miles + downstream of its source near Red Box Gap in sec. 14, + T. 2 N., R. 12 W., to the confluence with the unnamed + tributary 0.25 miles downstream of the power lines in + sec. 22, T. 2 N., R. 11 W., as a recreational river. + ``(B) The 1.6-mile segment of the West Fork from + 0.25 miles downstream of the powerlines in sec. 22, T. + 2 N., R. 11 W., to the confluence with Bobcat Canyon, + as a wild river. + ``(__) Little rock creek, california.--The following + segments of Little Rock Creek and tributaries, to be + administered by the Secretary of Agriculture in the following + classes: + ``(A) The 10.3-mile segment from its source on Mt. + Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards + upstream of the confluence with the South Fork Little + Rock Creek, as a wild river. + ``(B) The 6.6-mile segment from 100 yards upstream + of the confluence with the South Fork Little Rock Creek + to the confluence with Santiago Canyon, as a + recreational river. + ``(C) The 1-mile segment of Cooper Canyon Creek + from 0.25 miles downstream of Highway 2 to 100 yards + downstream of Cooper Canyon Campground, as a scenic + river. + ``(D) The 1.3-mile segment of Cooper Canyon Creek + from 100 yards downstream of Cooper Canyon Campground + to the confluence with Little Rock Creek, as a wild + river. + ``(E) The 1-mile segment of Buckhorn Creek from 100 + yards downstream of the Buckhorn Campground to its + confluence with Cooper Canyon Creek, as a wild + river.''. + (b) Water Resource Facilities; and Water Use.-- + (1) Water resource facilities.-- + (A) Definition.--In this section, the term ``water + resource facility'' means irrigation and pumping + facilities, dams and reservoirs, flood control + facilities, water conservation works and facilities, + including debris protection facilities, sediment + placement sites, rain gauges and stream gauges, water + quality facilities, recycled water facilities and water + pumping, conveyance distribution systems, water storage + tanks and reservoirs, and water treatment facilities, + aqueducts, canals, ditches, pipelines, wells, + hydropower projects, and transmission and other + ancillary facilities, groundwater recharge facilities, + water conservation, water filtration plants, and other + water diversion, conservation, groundwater recharge, + storage, and carriage structures. + (B) No effect on existing water resource + facilities.--Nothing in this section shall alter, + modify, or affect-- + (i) the use, operation, maintenance, + repair, construction, destruction, + reconfiguration, expansion, relocation or + replacement of a water resource facility + downstream of a wild and scenic river segment + designated by this section, provided that the + physical structures of such facilities or + reservoirs shall not be located within the + river areas designated in this section; or + (ii) access to a water resource facility + downstream of a wild and scenic river segment + designated by this section. + (C) No effect on new water resource facilities.-- + Nothing in this section shall preclude the + establishment of a new water resource facilities + (including instream sites, routes, and areas) + downstream of a wild and scenic river segment. + (2) Limitation.--Any new reservation of water or new use of + water pursuant to existing water rights held by the United + States to advance the purposes of the National Wild and Scenic + Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive + instream use only within the segments designated by this + section. + (3) Existing law.--Nothing in this section affects the + implementation of the Endangered Species Act of 1973 (16 U.S.C. + 1531 et seq.). + +SEC. 20426. WATER RIGHTS. + + (a) Statutory Construction.--Nothing in this title, and no action +to implement this title-- + (1) shall constitute an express or implied reservation of + any water or water right, or authorizing an expansion of water + use pursuant to existing water rights held by the United + States, with respect to the San Gabriel Mountains National + Monument, the land designated as a wilderness area or + wilderness addition by section 20423 or land adjacent to the + wild and scenic river segments designated by the amendment made + by section 20425; + (2) shall affect, alter, modify, or condition any water + rights in the State in existence on the date of the enactment + of this Act, including any water rights held by the United + States; + (3) shall be construed as establishing a precedent with + regard to any future wilderness or wild and scenic river + designations; + (4) shall affect, alter, or modify the interpretation of, + or any designation, decision, adjudication or action made + pursuant to, any other Act; or + (5) shall be construed as limiting, altering, modifying, or + amending any of the interstate compacts or equitable + apportionment decrees that apportions water among or between + the State and any other State. + (b) State Water Law.--The Secretary shall comply with applicable +procedural and substantive requirements of the law of the State in +order to obtain and hold any water rights not in existence on the date +of the enactment of this Act with respect to the San Gabriel Mountains +National Monument, wilderness areas and wilderness additions designated +by section 20423, and the wild and scenic rivers designated by +amendment made by section 20425. + + TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION + +SEC. 20501. SHORT TITLE. + + This title may be cited as the ``Rim of the Valley Corridor +Preservation Act''. + +SEC. 20502. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION. + + (a) Boundary Adjustment.--Section 507(c)(1) of the National Parks +and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended in the +first sentence by striking ``, which shall'' and inserting `` and +generally depicted as `Rim of the Valley Unit Proposed Addition' on the +map entitled `Rim of the Valley Unit--Santa Monica Mountains National +Recreation Area', numbered 638/147,723, and dated September 2018. Both +maps shall''. + (b) Rim of the Valley Unit.--Section 507 of the National Parks and +Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the +end the following: + ``(u) Rim of the Valley Unit.--(1) Not later than 3 years after the +date of the enactment of this subsection, the Secretary shall update +the general management plan for the recreation area to reflect the +boundaries designated on the map referred to in subsection (c)(1) as +the `Rim of the Valley Unit' (hereafter in the subsection referred to +as the `Rim of the Valley Unit'). Subject to valid existing rights, the +Secretary shall administer the Rim of the Valley Unit, and any land or +interest in land acquired by the United States and located within the +boundaries of the Rim of the Valley Unit, as part of the recreation +area in accordance with the provisions of this section and applicable +laws and regulations. + ``(2) The Secretary may acquire non-Federal land within the +boundaries of the Rim of the Valley Unit only through exchange, +donation, or purchase from a willing seller. Nothing in this subsection +authorizes the use of eminent domain to acquire land or interests in +land. + ``(3) Nothing in this subsection or the application of the +management plan for the Rim of the Valley Unit shall be construed to-- + ``(A) modify any provision of Federal, State, or local law + with respect to public access to or use of non-Federal land; + ``(B) create any liability, or affect any liability under + any other law, of any private property owner or other owner of + non-Federal land with respect to any person injured on private + property or other non-Federal land; + ``(C) affect the ownership, management, or other rights + relating to any non-Federal land (including any interest in any + non-Federal land); + ``(D) require any local government to participate in any + program administered by the Secretary; + ``(E) alter, modify, or diminish any right, responsibility, + power, authority, jurisdiction, or entitlement of the State, + any political subdivision of the State, or any State or local + agency under existing Federal, State, and local law (including + regulations); + ``(F) require the creation of protective perimeters or + buffer zones, and the fact that certain activities or land can + be seen or heard from within the Rim of the Valley Unit shall + not, of itself, preclude the activities or land uses up to the + boundary of the Rim of the Valley Unit; + ``(G) require or promote use of, or encourage trespass on, + lands, facilities, and rights-of-way owned by non-Federal + entities, including water resource facilities and public + utilities, without the written consent of the owner; + ``(H) affect the operation, maintenance, modification, + construction, or expansion of any water resource facility or + utility facility located within or adjacent to the Rim of the + Valley Unit; + ``(I) terminate the fee title to lands or customary + operation, maintenance, repair, and replacement activities on + or under such lands granted to public agencies that are + authorized pursuant to Federal or State statute; + ``(J) interfere with, obstruct, hinder, or delay the + exercise of any right to, or access to any water resource + facility or other facility or property necessary or useful to + access any water right to operate any public water or utility + system; + ``(K) require initiation or reinitiation of consultation + with the United States Fish and Wildlife Service under, or the + application of provisions of, the Endangered Species Act of + 1973 (16 U.S.C. 1531 et seq.), the National Environmental + Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of + subtitle III of title 54, United States Code, concerning any + action or activity affecting water, water rights or water + management or water resource facilities within the Rim of the + Valley Unit; or + ``(L) limit the Secretary's ability to update applicable + fire management plans, which may consider fuels management + strategies including managed natural fire, prescribed fires, + non-fire mechanical hazardous fuel reduction activities, or + post-fire remediation of damage to natural and cultural + resources. + ``(4) The activities of a utility facility or water resource +facility shall take into consideration ways to reasonably avoid or +reduce the impact on the resources of the Rim of the Valley Unit. + ``(5) For the purpose of paragraph (4)-- + ``(A) the term `utility facility' means electric + substations, communication facilities, towers, poles, and + lines, ground wires, communications circuits, and other + structures, and related infrastructure; and + ``(B) the term `water resource facility' means irrigation + and pumping facilities; dams and reservoirs; flood control + facilities; water conservation works, including debris + protection facilities, sediment placement sites, rain gauges, + and stream gauges; water quality, recycled water, and pumping + facilities; conveyance distribution systems; water treatment + facilities; aqueducts; canals; ditches; pipelines; wells; + hydropower projects; transmission facilities; and other + ancillary facilities, groundwater recharge facilities, water + conservation, water filtration plants, and other water + diversion, conservation, groundwater recharge, storage, and + carriage structures.''. + + TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS + +SEC. 20601. SHORT TITLE. + + This title may be cited as the ``Wild Olympics Wilderness and Wild +and Scenic Rivers Act''. + +SEC. 20602. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS. + + (a) In General.--In furtherance of the Wilderness Act (16 U.S.C. +1131 et seq.), the following Federal land in the Olympic National +Forest in the State of Washington comprising approximately 126,554 +acres, as generally depicted on the map entitled ``Proposed Wild +Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8, +2019 (referred to in this section as the ``map''), is designated as +wilderness and as components of the National Wilderness Preservation +System: + (1) Lost creek wilderness.--Certain Federal land managed by + the Forest Service, comprising approximately 7,159 acres, as + generally depicted on the map, which shall be known as the + ``Lost Creek Wilderness''. + (2) Rugged ridge wilderness.--Certain Federal land managed + by the Forest Service, comprising approximately 5,956 acres, as + generally depicted on the map, which shall be known as the + ``Rugged Ridge Wilderness''. + (3) Alckee creek wilderness.--Certain Federal land managed + by the Forest Service, comprising approximately 1,787 acres, as + generally depicted on the map, which shall be known as the + ``Alckee Creek Wilderness''. + (4) Gates of the elwha wilderness.--Certain Federal land + managed by the Forest Service, comprising approximately 5,669 + acres, as generally depicted on the map, which shall be known + as the ``Gates of the Elwha Wilderness''. + (5) Buckhorn wilderness additions.--Certain Federal land + managed by the Forest Service, comprising approximately 21,965 + acres, as generally depicted on the map, is incorporated in, + and shall be managed as part of, the ``Buckhorn Wilderness'', + as designated by section 3 of the Washington State Wilderness + Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339). + (6) Green mountain wilderness.--Certain Federal land + managed by the Forest Service, comprising approximately 4,790 + acres, as generally depicted on the map, which shall be known + as the ``Green Mountain Wilderness''. + (7) The brothers wilderness additions.--Certain land + managed by the Forest Service, comprising approximately 8,625 + acres, as generally depicted on the map, is incorporated in, + and shall be managed as part of, the ``The Brothers + Wilderness'', as designated by section 3 of the Washington + State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law + 98-339). + (8) Mount skokomish wilderness additions.--Certain land + managed by the Forest Service, comprising approximately 8,933 + acres, as generally depicted on the map, is incorporated in, + and shall be managed as part of, the ``Mount Skokomish + Wilderness'', as designated by section 3 of the Washington + State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law + 98-339). + (9) Wonder mountain wilderness additions.--Certain land + managed by the Forest Service, comprising approximately 26,517 + acres, as generally depicted on the map, is incorporated in, + and shall be managed as part of, the ``Wonder Mountain + Wilderness'', as designated by section 3 of the Washington + State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law + 98-339). + (10) Moonlight dome wilderness.--Certain Federal land + managed by the Forest Service, comprising approximately 9,117 + acres, as generally depicted on the map, which shall be known + as the ``Moonlight Dome Wilderness''. + (11) South quinault ridge wilderness.--Certain Federal land + managed by the Forest Service, comprising approximately 10,887 + acres, as generally depicted on the map, which shall be known + as the ``South Quinault Ridge Wilderness''. + (12) Colonel bob wilderness additions.--Certain Federal + land managed by the Forest Service, comprising approximately + 353 acres, as generally depicted on the map, is incorporated + in, and shall be managed as part of, the ``Colonel Bob + Wilderness'', as designated by section 3 of the Washington + State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law + 98-339). + (13) Sam's river wilderness.--Certain Federal land managed + by the Forest Service, comprising approximately 13,418 acres, + as generally depicted on the map, which shall be known as the + ``Sam's River Wilderness''. + (14) Canoe creek wilderness.--Certain Federal land managed + by the Forest Service, comprising approximately 1,378 acres, as + generally depicted on the map, which shall be known as the + ``Canoe Creek Wilderness''. + (b) Administration.-- + (1) Management.--Subject to valid existing rights, the land + designated as wilderness by subsection (a) shall be + administered by the Secretary of Agriculture (referred to in + this section as the ``Secretary''), in accordance with the + Wilderness Act (16 U.S.C. 1131 et seq.), except that any + reference in that Act to the effective date of that Act shall + be considered to be a reference to the date of enactment of + this Act. + (2) Map and description.-- + (A) In general.--As soon as practicable after the + date of enactment of this Act, the Secretary shall file + a map and a legal description of the land designated as + wilderness by subsection (a) with-- + (i) the Committee on Natural Resources of + the House of Representatives; and + (ii) the Committee on Energy and Natural + Resources of the Senate. + (B) Effect.--Each map and legal description filed + under subparagraph (A) shall have the same force and + effect as if included in this title, except that the + Secretary may correct minor errors in the map and legal + description. + (C) Public availability.--Each map and legal + description filed under subparagraph (A) shall be filed + and made available for public inspection in the + appropriate office of the Forest Service. + (c) Potential Wilderness.-- + (1) In general.--In furtherance of the purposes of the + Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land + managed by the Forest Service, comprising approximately 5,346 + acres as identified as ``Potential Wilderness'' on the map, is + designated as potential wilderness. + (2) Designation as wilderness.--On the date on which the + Secretary publishes in the Federal Register notice that any + nonconforming uses in the potential wilderness designated by + paragraph (1) have terminated, the potential wilderness shall + be-- + (A) designated as wilderness and as a component of + the National Wilderness Preservation System; and + (B) incorporated into the adjacent wilderness area. + (d) Adjacent Management.-- + (1) No protective perimeters or buffer zones.--The + designations in this section shall not create a protective + perimeter or buffer zone around any wilderness area. + (2) Nonconforming uses permitted outside of boundaries of + wilderness areas.--Any activity or use outside of the boundary + of any wilderness area designated under this section shall be + permitted even if the activity or use would be seen or heard + within the boundary of the wilderness area. + (e) Fire, Insects, and Diseases.--The Secretary may take such +measures as are necessary to control fire, insects, and diseases, in +the wilderness areas designated by this section, in accordance with +section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and +subject to such terms and conditions as the Secretary determines to be +appropriate. + +SEC. 20603. WILD AND SCENIC RIVER DESIGNATIONS. + + (a) In General.--Section 3(a) of the National Wild and Scenic +Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the +following: + ``(231) Elwha river, washington.--The approximately 29.0- + mile segment of the Elwha River and tributaries from the source + to Cat Creek, to be administered by the Secretary of the + Interior as a wild river. + ``(232) Dungeness river, washington.--The segment of the + Dungeness River from the headwaters to the State of Washington + Department of Natural Resources land in T. 29 N., R. 4 W., sec. + 12, to be administered by the Secretary of Agriculture, except + that portions of the river within the boundaries of Olympic + National Park shall be administered by the Secretary of the + Interior, including the following segments of the mainstem and + major tributary the Gray Wolf River, in the following classes: + ``(A) The approximately 5.8-mile segment of the + Dungeness River from the headwaters to the 2870 Bridge, + as a wild river. + ``(B) The approximately 2.1-mile segment of the + Dungeness River from the 2870 Bridge to Silver Creek, + as a scenic river. + ``(C) The approximately 2.7-mile segment of the + Dungeness River from Silver Creek to Sleepy Hollow + Creek, as a wild river. + ``(D) The approximately 6.3-mile segment of the + Dungeness River from Sleepy Hollow Creek to the Olympic + National Forest boundary, as a scenic river. + ``(E) The approximately 1.9-mile segment of the + Dungeness River from the National Forest boundary to + the State of Washington Department of Natural Resources + land in T. 29 N., R. 4 W., sec. 12, to be administered + as a recreational river through a cooperative + management agreement between the State of Washington + and the Secretary of Agriculture as provided in section + 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. + 1281(e)). + ``(F) The approximately 16.1-mile segment of the + Gray Wolf River from the headwaters to the 2870 Bridge, + as a wild river. + ``(G) The approximately 1.1-mile segment of the + Gray Wolf River from the 2870 Bridge to the confluence + with the Dungeness River, as a scenic river. + ``(233) Big quilcene river, washington.--The segment of the + Big Quilcene River from the headwaters to the City of Port + Townsend water intake facility, to be administered by the + Secretary of Agriculture, in the following classes: + ``(A) The approximately 4.4-mile segment from the + headwaters to the Buckhorn Wilderness boundary, as a + wild river. + ``(B) The approximately 5.3-mile segment from the + Buckhorn Wilderness boundary to the City of Port + Townsend water intake facility, as a scenic river. + ``(C) Section 7(a), with respect to the licensing + of dams, water conduits, reservoirs, powerhouses, + transmission lines, or other project works, shall apply + to the approximately 5-mile segment from the City of + Port Townsend water intake facility to the Olympic + National Forest boundary. + ``(234) Dosewallips river, washington.--The segment of the + Dosewallips River from the headwaters to the private land in T. + 26 N., R. 3 W., sec. 15, to be administered by the Secretary of + Agriculture, except that portions of the river within the + boundaries of Olympic National Park shall be administered by + the Secretary of the Interior, in the following classes: + ``(A) The approximately 12.9-mile segment from the + headwaters to Station Creek, as a wild river. + ``(B) The approximately 6.8-mile segment from + Station Creek to the private land in T. 26 N., R. 3 W., + sec. 15, as a scenic river. + ``(235) Duckabush river, washington.--The segment of the + Duckabush River from the headwaters to the private land in T. + 25 N., R. 3 W., sec. 1, to be administered by the Secretary of + Agriculture, except that portions of the river within the + boundaries of Olympic National Park shall be administered by + the Secretary of the Interior, in the following classes: + ``(A) The approximately 19.0-mile segment from the + headwaters to the Brothers Wilderness boundary, as a + wild river. + ``(B) The approximately 1.9-mile segment from the + Brothers Wilderness boundary to the private land in T. + 25 N., R. 3 W., sec. 1, as a scenic river. + ``(236) Hamma hamma river, washington.--The segment of the + Hamma Hamma River from the headwaters to the eastern edge of + the NW1/4 sec. 21, T. 24 N., R. 3 W., to be administered by the + Secretary of Agriculture, in the following classes: + ``(A) The approximately 3.1-mile segment from the + headwaters to the Mt. Skokomish Wilderness boundary, as + a wild river. + ``(B) The approximately 5.8-mile segment from the + Mt. Skokomish Wilderness boundary to Lena Creek, as a + scenic river. + ``(C) The approximately 6.8-mile segment from Lena + Creek to the eastern edge of the NW1/4 sec. 21, T. 24 + N., R. 3 W., to be administered as a recreational river + through a cooperative management agreement between the + State of Washington and the Secretary of Agriculture as + provided in section 10(e) of the Wild and Scenic Rivers + Act (16 U.S.C. 1281(e)). + ``(237) South fork skokomish river, washington.--The + segment of the South Fork Skokomish River from the headwaters + to the Olympic National Forest boundary to be administered by + the Secretary of Agriculture, in the following classes: + ``(A) The approximately 6.7-mile segment from the + headwaters to Church Creek, as a wild river. + ``(B) The approximately 8.3-mile segment from + Church Creek to LeBar Creek, as a scenic river. + ``(C) The approximately 4.0-mile segment from LeBar + Creek to upper end of gorge in the NW1/4 sec. 22, T. 22 + N., R. 5 W., as a recreational river. + ``(D) The approximately 6.0-mile segment from the + upper end of the gorge to the Olympic National Forest + boundary, as a scenic river. + ``(238) Middle fork satsop river, washington.--The + approximately 7.9-mile segment of the Middle Fork Satsop River + from the headwaters to the Olympic National Forest boundary, to + be administered by the Secretary of Agriculture, as a scenic + river. + ``(239) West fork satsop river, washington.--The + approximately 8.2-mile segment of the West Fork Satsop River + from the headwaters to the Olympic National Forest boundary, to + be administered by the Secretary of Agriculture, as a scenic + river. + ``(240) Wynoochee river, washington.--The segment of the + Wynoochee River from the headwaters to the head of Wynoochee + Reservoir to be administered by the Secretary of Agriculture, + except that portions of the river within the boundaries of + Olympic National Park shall be administered by the Secretary of + the Interior, in the following classes: + ``(A) The approximately 2.5-mile segment from the + headwaters to the boundary of the Wonder Mountain + Wilderness, as a wild river. + ``(B) The approximately 7.4-mile segment from the + boundary of the Wonder Mountain Wilderness to the head + of Wynoochee Reservoir, as a recreational river. + ``(241) East fork humptulips river, washington.--The + segment of the East Fork Humptulips River from the headwaters + to the Olympic National Forest boundary to be administered by + the Secretary of Agriculture, in the following classes: + ``(A) The approximately 7.4-mile segment from the + headwaters to the Moonlight Dome Wilderness boundary, + as a wild river. + ``(B) The approximately 10.3-mile segment from the + Moonlight Dome Wilderness boundary to the Olympic + National Forest boundary, as a scenic river. + ``(242) West fork humptulips river, washington.--The + approximately 21.4-mile segment of the West Fork Humptulips + River from the headwaters to the Olympic National Forest + Boundary, to be administered by the Secretary of Agriculture, + as a scenic river. + ``(243) Quinault river, washington.--The segment of the + Quinault River from the headwaters to private land in T. 24 N., + R. 8 W., sec. 33, to be administered by the Secretary of the + Interior, in the following classes: + ``(A) The approximately 16.5-mile segment from the + headwaters to Graves Creek, as a wild river. + ``(B) The approximately 6.7-mile segment from + Graves Creek to Cannings Creek, as a scenic river. + ``(C) The approximately 1.0-mile segment from + Cannings Creek to private land in T. 24 N., R. 8 W., + sec. 33, as a recreational river. + ``(244) Queets river, washington.--The segment of the + Queets River from the headwaters to the Olympic National Park + boundary to be administered by the Secretary of the Interior, + except that portions of the river outside the boundaries of + Olympic National Park shall be administered by the Secretary of + Agriculture, including the following segments of the mainstem + and certain tributaries in the following classes: + ``(A) The approximately 28.6-mile segment of the + Queets River from the headwaters to the confluence with + Sams River, as a wild river. + ``(B) The approximately 16.0-mile segment of the + Queets River from the confluence with Sams River to the + Olympic National Park boundary, as a scenic river. + ``(C) The approximately 15.7-mile segment of the + Sams River from the headwaters to the confluence with + the Queets River, as a scenic river. + ``(D) The approximately 17.7-mile segment of + Matheny Creek from the headwaters to the confluence + with the Queets River, to be administered as a scenic + river through a cooperative management agreement + between the State of Washington and the Secretary of + Agriculture as provided in section 10(e) of the Wild + and Scenic Rivers Act (16 U.S.C. 1281(e)). + ``(245) Hoh river, washington.--The segment of the Hoh + River and the major tributary South Fork Hoh from the + headwaters to Olympic National Park boundary, to be + administered by the Secretary of the Interior, in the following + classes: + ``(A) The approximately 20.7-mile segment of the + Hoh River from the headwaters to Jackson Creek, as a + wild river. + ``(B) The approximately 6.0-mile segment of the Hoh + River from Jackson Creek to the Olympic National Park + boundary, as a scenic river. + ``(C) The approximately 13.8-mile segment of the + South Fork Hoh River from the headwaters to the Olympic + National Park boundary, as a wild river. + ``(D) The approximately 4.6-mile segment of the + South Fork Hoh River from the Olympic National Park + boundary to the Washington State Department of Natural + Resources boundary in T. 27 N., R. 10 W., sec. 29, to + be administered as a recreational river through a + cooperative management agreement between the State of + Washington and the Secretary of Agriculture as provided + in section 10(e) of the Wild and Scenic Rivers Act (16 + U.S.C. 1281(e)). + ``(246) Bogachiel river, washington.--The approximately + 25.6-mile segment of the Bogachiel River from the source to the + Olympic National Park boundary, to be administered by the + Secretary of the Interior, as a wild river. + ``(247) South fork calawah river, washington.--The segment + of the South Fork Calawah River and the major tributary Sitkum + River from the headwaters to Hyas Creek to be administered by + the Secretary of Agriculture, except those portions of the + river within the boundaries of Olympic National Park shall be + administered by the Secretary of the Interior, including the + following segments in the following classes: + ``(A) The approximately 15.7-mile segment of the + South Fork Calawah River from the headwaters to the + Sitkum River, as a wild river. + ``(B) The approximately 0.9-mile segment of the + South Fork Calawah River from the Sitkum River to Hyas + Creek, as a scenic river. + ``(C) The approximately 1.6-mile segment of the + Sitkum River from the headwaters to the Rugged Ridge + Wilderness boundary, as a wild river. + ``(D) The approximately 11.9-mile segment of the + Sitkum River from the Rugged Ridge Wilderness boundary + to the confluence with the South Fork Calawah, as a + scenic river. + ``(248) Sol duc river, washington.--The segment of the Sol + Duc River from the headwaters to the Olympic National Park + boundary to be administered by the Secretary of the Interior, + including the following segments of the mainstem and certain + tributaries in the following classes: + ``(A) The approximately 7.0-mile segment of the Sol + Duc River from the headwaters to the end of Sol Duc Hot + Springs Road, as a wild river. + ``(B) The approximately 10.8-mile segment of the + Sol Duc River from the end of Sol Duc Hot Springs Road + to the Olympic National Park boundary, as a scenic + river. + ``(C) The approximately 14.2-mile segment of the + North Fork Sol Duc River from the headwaters to the + Olympic Hot Springs Road bridge, as a wild river. + ``(D) The approximately 0.2-mile segment of the + North Fork Sol Duc River from the Olympic Hot Springs + Road bridge to the confluence with the Sol Duc River, + as a scenic river. + ``(E) The approximately 8.0-mile segment of the + South Fork Sol Duc River from the headwaters to the + confluence with the Sol Duc River, as a scenic river. + ``(249) Lyre river, washington.--The approximately 0.2-mile + segment of the Lyre River from Lake Crescent to the Olympic + National Park boundary, to be administered by the Secretary of + the Interior as a scenic river.''. + (b) Effect.--The amendment made by subsection (a) does not affect +valid existing water rights. + (c) Updates to Land and Resource Management Plans.-- + (1) In general.--Except as provided in paragraph (2), not + later than 3 years after the date of the enactment of this Act, + the Secretary of Agriculture shall, with respect to the + designations made under subsection (a) on lands under the + jurisdiction of the Secretary, incorporate such designations + into updated management plans for units of the National Forest + System in accordance with applicable laws (including + regulations). + (2) Exception.--The date specified in paragraph (1) shall + be 5 years after the date of the enactment of this Act if the + Secretary of Agriculture-- + (A) is unable to meet the requirement under such + paragraph by the date specified in such paragraph; and + (B) not later than 3 years after the date of the + enactment of this Act, includes in the Department of + Agriculture annual budget submission to Congress a + request for additional sums as may be necessary to meet + the requirement of such paragraph. + (3) Comprehensive management plan requirements.--Updated + management plans under paragraph (1) or (2) satisfy the + requirements under section 3(d) of the Wild and Scenic Rivers + Act (16 U.S.C. 1274(d)). + +SEC. 20604. EXISTING RIGHTS AND WITHDRAWAL. + + (a) In General.--In accordance with section 12(b) of the National +Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this title +or the amendment made by section 20603(a) affects or abrogates existing +rights, privileges, or contracts held by private parties, nor does this +title in any way modify or direct the management, acquisition, or +disposition of lands managed by the Washington Department of Natural +Resources on behalf of the State of Washington. + (b) Withdrawal.--Subject to valid existing rights, the Federal land +within the boundaries of the river segments designated by this title +and the amendment made by section 20603(a) is withdrawn from all forms +of-- + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) disposition under all laws relating to mineral and + geothermal leasing or mineral materials. + +SEC. 20605. TREATY RIGHTS. + + Nothing in this title alters, modifies, diminishes, or extinguishes +the reserved treaty rights of any Indian tribe with hunting, fishing, +gathering, and cultural or religious rights in the Olympic National +Forest as protected by a treaty. + + TITLE VII--STUDY ON FLOOD RISK MITIGATION + +SEC. 20701. STUDY ON FLOOD RISK MITIGATION. + + The Comptroller General shall conduct a study to determine the +contributions of wilderness designations under this division to +protections to flood risk mitigation in residential areas. + + TITLE VIII--MISCELLANEOUS + +SEC. 20801. PROMOTING HEALTH AND WELLNESS FOR VETERANS AND + SERVICEMEMBERS. + + The Secretary of Interior and the Secretary of Agriculture are +encouraged to ensure servicemember and veteran access to public lands +designed by this division for the purposes of outdoor recreation and to +participate in outdoor-related volunteer and wellness programs. + +SEC. 20802. FIRE, INSECTS, AND DISEASES. + + Nothing in this division may be construed to limit the authority of +the Secretary of the Interior or the Secretary of Agriculture under +section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), in +accordance with existing laws (including regulations). + +SEC. 20803. MILITARY ACTIVITIES. + + Nothing in this division precludes-- + (1) low-level overflights of military aircraft over + wilderness areas; + (2) the designation of new units of special airspace over + wilderness areas; or + (3) the establishment of military flight training routes + over wilderness areas. + + DIVISION P--COLORADO OUTDOOR RECREATION AND ECONOMY ACT - Navy: Outside the United States ----------------------------------------------------------------------------------------------------------------- - Country Installation or Location Amount ----------------------------------------------------------------------------------------------------------------- - Bahrain Island............................... SW Asia......................................... $68,340,000 -Greece........................................ Souda Bay....................................... $50,180,000 -Guam.......................................... Andersen Air Force Base......................... $21,280,000 - Joint Region Marianas........................... $546,550,000 -Spain......................................... Rota............................................ $60,110,000 ----------------------------------------------------------------------------------------------------------------- +SEC. 21001. SHORT TITLE. -SEC. 2202. FAMILY HOUSING. + This division may be cited as the ``Colorado Outdoor Recreation and +Economy Act''. - Using amounts appropriated pursuant to the authorization of -appropriations in section 2204(a) and available for military family -housing functions as specified in the funding table in section 3002, -the Secretary of the Navy may carry out architectural and engineering -services and construction design activities with respect to the -construction or improvement of family housing units in an amount not to -exceed $5,854,000. - -SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. - - Subject to section 2825 of title 10, United States Code, and using -amounts appropriated pursuant to the authorization of appropriations in -section 2204(a) and available for military family housing functions as -specified in the funding table in section 3002, the Secretary of the -Navy may improve existing military family housing units in an amount -not to exceed $37,043,000. +SEC. 21002. DEFINITION OF STATE. -SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. + In this division, the term ``State'' means the State of Colorado. - (a) Authorization of Appropriations.--Funds are hereby authorized -to be appropriated for fiscal years beginning after September 30, 2020, -for military construction, land acquisition, and military family -housing functions of the Department of the Navy, as specified in the -funding table in section 3002. - (b) Limitation on Total Cost of Construction Projects.-- -Notwithstanding the cost variations authorized by section 2853 of title -10, United States Code, and any other cost variation authorized by law, -the total cost of all projects carried out under section 2201 of this -Act may not exceed the total amount authorized to be appropriated under -subsection (a), as specified in the funding table in section 3002. + TITLE I--CONTINENTAL DIVIDE - TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION +SEC. 21101. DEFINITIONS. -SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION - PROJECTS. + In this title: + (1) Covered area.--The term ``covered area'' means any area + designated as wilderness by the amendments to section 2(a) of + the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; + Public Law 103-77) made by section 21102(a). + (2) Historic landscape.--The term ``Historic Landscape'' + means the Camp Hale National Historic Landscape designated by + section 21107(a). + (3) Recreation management area.--The term ``Recreation + Management Area'' means the Tenmile Recreation Management Area + designated by section 21104(a). + (4) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture. + (5) Wildlife conservation area.--The term ``Wildlife + Conservation Area'' means, as applicable-- + (A) the Porcupine Gulch Wildlife Conservation Area + designated by section 21105(a); and + (B) the Williams Fork Mountains Wildlife + Conservation Area designated by section 21106(a). - (a) Inside the United States.--Using amounts appropriated pursuant -to the authorization of appropriations in section 2304(a) and available -for military construction projects inside the United States as -specified in the funding table in section 3002, the Secretary of the -Air Force may acquire real property and carry out military construction -projects for the installations or locations inside the United States, -and in the amounts, set forth in the following table: +SEC. 21102. COLORADO WILDERNESS ADDITIONS. - Air Force: Inside the United States ------------------------------------------------------------------------- - Installation or - State Location Amount ------------------------------------------------------------------------- -New Jersey................... Joint Base McGuire-Dix- $22,000,000 - Lakehurst. -Texas........................ Joint Base San $19,500,000 - Antonio. -Virginia..................... Joint Base Langley- $19,500,000 - Eustis. ------------------------------------------------------------------------- + (a) Designation.--Section 2(a) of the Colorado Wilderness Act of +1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended-- + (1) in paragraph (18), by striking ``1993,'' and inserting + ``1993, and certain Federal land within the White River + National Forest that comprises approximately 6,896 acres, as + generally depicted as `Proposed Ptarmigan Peak Wilderness + Additions' on the map entitled `Proposed Ptarmigan Peak + Wilderness Additions' and dated June 24, 2019,''; and + (2) by adding at the end the following: + ``(23) Holy cross wilderness addition.--Certain Federal + land within the White River National Forest that comprises + approximately 3,866 acres, as generally depicted as `Proposed + Megan Dickie Wilderness Addition' on the map entitled `Holy + Cross Wilderness Addition Proposal' and dated June 24, 2019, + which shall be incorporated into, and managed as part of, the + Holy Cross Wilderness designated by section 102(a)(5) of Public + Law 96-560 (94 Stat. 3266). + ``(24) Hoosier ridge wilderness.--Certain Federal land + within the White River National Forest that comprises + approximately 5,235 acres, as generally depicted as `Proposed + Hoosier Ridge Wilderness' on the map entitled `Tenmile + Proposal' and dated June 24, 2019, which shall be known as the + `Hoosier Ridge Wilderness'. + ``(25) Tenmile wilderness.--Certain Federal land within the + White River National Forest that comprises approximately 7,624 + acres, as generally depicted as `Proposed Tenmile Wilderness' + on the map entitled `Tenmile Proposal' and dated June 24, 2019, + which shall be known as the `Tenmile Wilderness'. + ``(26) Eagles nest wilderness additions.--Certain Federal + land within the White River National Forest that comprises + approximately 9,670 acres, as generally depicted as `Proposed + Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek + Wilderness Addition' on the map entitled `Eagles Nest + Wilderness Additions Proposal' and dated June 24, 2019, which + shall be incorporated into, and managed as part of, the Eagles + Nest Wilderness designated by Public Law 94-352 (90 Stat. + 870).''. + (b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C. +1131 et seq.) to the effective date of that Act shall be considered to +be a reference to the date of enactment of this Act for purposes of +administering a covered area. + (c) Fire, Insects, and Diseases.--In accordance with section +4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may +carry out any activity in a covered area that the Secretary determines +to be necessary for the control of fire, insects, and diseases, subject +to such terms and conditions as the Secretary determines to be +appropriate. + (d) Grazing.--The grazing of livestock on a covered area, if +established before the date of enactment of this Act, shall be +permitted to continue subject to such reasonable regulations as are +considered to be necessary by the Secretary, in accordance with-- + (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); and + (2) the guidelines set forth in Appendix A of the report of + the Committee on Interior and Insular Affairs of the House of + Representatives accompanying H.R. 2570 of the 101st Congress + (H. Rept. 101-405). + (e) Coordination.--For purposes of administering the Federal land +designated as wilderness by paragraph (26) of section 2(a) of the +Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103- +77) (as added by subsection (a)(2)), the Secretary shall, as determined +to be appropriate for the protection of watersheds, coordinate the +activities of the Secretary in response to fires and flooding events +with interested State and local agencies, including operations using +aircraft or mechanized equipment. - (b) Outside the United States.--Using amounts appropriated pursuant -to the authorization of appropriations in section 2304(a) and available -for military construction projects outside the United States as -specified in the funding table in section 3002, the Secretary of the -Air Force may acquire real property and carry out military construction -projects for the installation or location outside the United States, -and in the amount, set forth in the following table: +SEC. 21103. WILLIAMS FORK MOUNTAINS WILDERNESS. - Air Force: Outside the United States ------------------------------------------------------------------------- - Installation or - Country Location Amount ------------------------------------------------------------------------- -Guam.......................... Andersen Air Force $56,000,000 - Base. -Qatar......................... Al Udeid............. $26,000,000 ------------------------------------------------------------------------- + (a) Designation.--In furtherance of the purposes of the Wilderness +Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River +National Forest in the State, comprising approximately 8,036 acres and +generally depicted as ``Proposed Williams Fork Mountains Wilderness'' +on the map entitled ``Williams Fork Mountains Proposal'' and dated June +24, 2019, is designated as a potential wilderness area. + (b) Management.--Subject to valid existing rights and except as +provided in subsection (d), the potential wilderness area designated by +subsection (a) shall be managed in accordance with-- + (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and + (2) this section. + (c) Livestock Use of Vacant Allotments.-- + (1) In general.--Not later than 3 years after the date of + enactment of this Act, in accordance with applicable laws + (including regulations), the Secretary shall publish a + determination regarding whether to authorize livestock grazing + or other use by livestock on the vacant allotments known as-- + (A) the ``Big Hole Allotment''; and + (B) the ``Blue Ridge Allotment''. + (2) Modification of allotments.--In publishing a + determination pursuant to paragraph (1), the Secretary may + modify or combine the vacant allotments referred to in that + paragraph. + (3) Permit or other authorization.--Not later than 1 year + after the date on which a determination of the Secretary to + authorize livestock grazing or other use by livestock is + published under paragraph (1), if applicable, the Secretary + shall grant a permit or other authorization for that livestock + grazing or other use in accordance with applicable laws + (including regulations). + (d) Range Improvements.-- + (1) In general.--If the Secretary permits livestock grazing + or other use by livestock on the potential wilderness area + under subsection (c), the Secretary, or a third party + authorized by the Secretary, may use any motorized or + mechanized transport or equipment for purposes of constructing + or rehabilitating such range improvements as are necessary to + obtain appropriate livestock management objectives (including + habitat and watershed restoration). + (2) Termination of authority.--The authority provided by + this subsection terminates on the date that is 2 years after + the date on which the Secretary publishes a positive + determination under subsection (c)(3). + (e) Designation as Wilderness.-- + (1) Designation.--The potential wilderness area designated + by subsection (a) shall be designated as wilderness, to be + known as the ``Williams Fork Mountains Wilderness''-- + (A) effective not earlier than the date that is 180 + days after the date of enactment this Act; and + (B) on the earliest of-- + (i) the date on which the Secretary + publishes in the Federal Register a notice that + the construction or rehabilitation of range + improvements under subsection (d) is complete; + (ii) the date described in subsection + (d)(2); and + (iii) the effective date of a determination + of the Secretary not to authorize livestock + grazing or other use by livestock under + subsection (c)(1). + (2) Administration.--Subject to valid existing rights, the + Secretary shall manage the Williams Fork Mountains Wilderness + in accordance with-- + (A) the Colorado Wilderness Act of 1993 (16 U.S.C. + 1132 note; Public Law 103-77); and + (B) this title. -SEC. 2302. FAMILY HOUSING. +SEC. 21104. TENMILE RECREATION MANAGEMENT AREA. - Using amounts appropriated pursuant to the authorization of -appropriations in section 2304(a) and available for military family -housing functions as specified in the funding table in section 3002, -the Secretary of the Air Force may carry out architectural and -engineering services and construction design activities with respect to -the construction or improvement of family housing units in an amount -not to exceed $2,969,000. + (a) Designation.--Subject to valid existing rights, the +approximately 17,122 acres of Federal land in the White River National +Forest in the State, as generally depicted as ``Proposed Tenmile +Recreation Management Area'' on the map entitled ``Tenmile Proposal'' +and dated June 24, 2019, are designated as the ``Tenmile Recreation +Management Area''. + (b) Purposes.--The purposes of the Recreation Management Area are +to conserve, protect, and enhance for the benefit and enjoyment of +present and future generations the recreational, scenic, watershed, +habitat, and ecological resources of the Recreation Management Area. + (c) Management.-- + (1) In general.--The Secretary shall manage the Recreation + Management Area-- + (A) in a manner that conserves, protects, and + enhances-- + (i) the purposes of the Recreation + Management Area described in subsection (b); + and + (ii) recreation opportunities, including + mountain biking, hiking, fishing, horseback + riding, snowshoeing, climbing, skiing, camping, + and hunting; and + (B) in accordance with-- + (i) the Forest and Rangeland Renewable + Resources Planning Act of 1974 (16 U.S.C. 1600 + et seq.); + (ii) any other applicable laws (including + regulations); and + (iii) this section. + (2) Uses.-- + (A) In general.--The Secretary shall only allow + such uses of the Recreation Management Area as the + Secretary determines would further the purposes + described in subsection (b). + (B) Vehicles.-- + (i) In general.--Except as provided in + clause (iii), the use of motorized vehicles in + the Recreation Management Area shall be limited + to the roads, vehicle classes, and periods + authorized for motorized vehicle use on the + date of enactment of this Act. + (ii) New or temporary roads.--Except as + provided in clause (iii), no new or temporary + road shall be constructed in the Recreation + Management Area. + (iii) Exceptions.--Nothing in clause (i) or + (ii) prevents the Secretary from-- + (I) rerouting or closing an + existing road or trail to protect + natural resources from degradation, as + the Secretary determines to be + appropriate; + (II) authorizing the use of + motorized vehicles for administrative + purposes or roadside camping; + (III) constructing temporary roads + or permitting the use of motorized + vehicles to carry out pre- or post-fire + watershed protection projects; + (IV) authorizing the use of + motorized vehicles to carry out any + activity described in subsection (d), + (e)(1), or (f); or + (V) responding to an emergency. + (C) Commercial timber.-- + (i) In general.--Subject to clause (ii), no + project shall be carried out in the Recreation + Management Area for the purpose of harvesting + commercial timber. + (ii) Limitation.--Nothing in clause (i) + prevents the Secretary from harvesting or + selling a merchantable product that is a + byproduct of an activity authorized under this + section. + (d) Fire, Insects, and Diseases.--The Secretary may carry out any +activity, in accordance with applicable laws (including regulations), +that the Secretary determines to be necessary to prevent, control, or +mitigate fire, insects, or disease in the Recreation Management Area, +subject to such terms and conditions as the Secretary determines to be +appropriate. + (e) Water.-- + (1) Effect on water management infrastructure.--Nothing in + this section affects the construction, repair, reconstruction, + replacement, operation, maintenance, or renovation within the + Recreation Management Area of-- + (A) water management infrastructure in existence on + the date of enactment of this Act; or + (B) any future infrastructure necessary for the + development or exercise of water rights decreed before + the date of enactment of this Act. + (2) Applicable law.--Section 3(e) of the James Peak + Wilderness and Protection Area Act (Public Law 107-216; 116 + Stat. 1058) shall apply to the Recreation Management Area. + (f) Regional Transportation Projects.--Nothing in this section +precludes the Secretary from authorizing, in accordance with applicable +laws (including regulations), the use or leasing of Federal land within +the Recreation Management Area for-- + (1) a regional transportation project, including-- + (A) highway widening or realignment; and + (B) construction of multimodal transportation + systems; or + (2) any infrastructure, activity, or safety measure + associated with the implementation or use of a facility + constructed under paragraph (1). + (g) Applicable Law.--Nothing in this section affects the +designation of the Federal land within the Recreation Management Area +for purposes of-- + (1) section 138 of title 23, United States Code; or + (2) section 303 of title 49, United States Code. + (h) Permits.--Nothing in this section alters or limits-- + (1) any permit held by a ski area or other entity; or + (2) the acceptance, review, or implementation of associated + activities or facilities proposed or authorized by law or + permit outside the boundaries of the Recreation Management + Area. -SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. +SEC. 21105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA. - Subject to section 2825 of title 10, United States Code, and using -amounts appropriated pursuant to the authorization of appropriations in -section 2304(a) and available for military family housing functions as -specified in the funding table in section 3002, the Secretary of the -Air Force may improve existing military family housing units in an -amount not to exceed $94,245,000. + (a) Designation.--Subject to valid existing rights, the +approximately 8,287 acres of Federal land located in the White River +National Forest, as generally depicted as ``Proposed Porcupine Gulch +Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch +Wildlife Conservation Area Proposal'' and dated June 24, 2019, are +designated as the ``Porcupine Gulch Wildlife Conservation Area'' +(referred to in this section as the ``Wildlife Conservation Area''). + (b) Purposes.--The purposes of the Wildlife Conservation Area are-- + (1) to conserve and protect a wildlife migration corridor + over Interstate 70; and + (2) to conserve, protect, and enhance for the benefit and + enjoyment of present and future generations the wildlife, + scenic, roadless, watershed, and ecological resources of the + Wildlife Conservation Area. + (c) Management.-- + (1) In general.--The Secretary shall manage the Wildlife + Conservation Area-- + (A) in a manner that conserves, protects, and + enhances the purposes described in subsection (b); and + (B) in accordance with-- + (i) the Forest and Rangeland Renewable + Resources Planning Act of 1974 (16 U.S.C. 1600 + et seq.); + (ii) any other applicable laws (including + regulations); and + (iii) this section. + (2) Uses.-- + (A) In general.--The Secretary shall only allow + such uses of the Wildlife Conservation Area as the + Secretary determines would further the purposes + described in subsection (b). + (B) Recreation.--The Secretary may permit such + recreational activities in the Wildlife Conservation + Area that the Secretary determines are consistent with + the purposes described in subsection (b). + (C) Motorized vehicles and mechanized transport; + new or temporary roads.-- + (i) Motorized vehicles and mechanized + transport.--Except as provided in clause (iii), + the use of motorized vehicles and mechanized + transport in the Wildlife Conservation Area + shall be prohibited. + (ii) New or temporary roads.--Except as + provided in clause (iii) and subsection (e), no + new or temporary road shall be constructed + within the Wildlife Conservation Area. + (iii) Exceptions.--Nothing in clause (i) or + (ii) prevents the Secretary from-- + (I) authorizing the use of + motorized vehicles or mechanized + transport for administrative purposes; + (II) constructing temporary roads + or permitting the use of motorized + vehicles or mechanized transport to + carry out pre- or post-fire watershed + protection projects; + (III) authorizing the use of + motorized vehicles or mechanized + transport to carry out activities + described in subsection (d) or (e); or + (IV) responding to an emergency. + (D) Commercial timber.-- + (i) In general.--Subject to clause (ii), no + project shall be carried out in the Wildlife + Conservation Area for the purpose of harvesting + commercial timber. + (ii) Limitation.--Nothing in clause (i) + prevents the Secretary from harvesting or + selling a merchantable product that is a + byproduct of an activity authorized under this + section. + (d) Fire, Insects, and Diseases.--The Secretary may carry out any +activity, in accordance with applicable laws (including regulations), +that the Secretary determines to be necessary to prevent, control, or +mitigate fire, insects, or disease in the Wildlife Conservation Area, +subject to such terms and conditions as the Secretary determines to be +appropriate. + (e) Regional Transportation Projects.--Nothing in this section or +section 21110(e) precludes the Secretary from authorizing, in +accordance with applicable laws (including regulations), the use or +leasing of Federal land within the Wildlife Conservation Area for-- + (1) a regional transportation project, including-- + (A) highway widening or realignment; and + (B) construction of multimodal transportation + systems; or + (2) any infrastructure, activity, or safety measure + associated with the implementation or use of a facility + constructed under paragraph (1). + (f) Applicable Law.--Nothing in this section affects the +designation of the Federal land within the Wildlife Conservation Area +for purposes of-- + (1) section 138 of title 23, United States Code; or + (2) section 303 of title 49, United States Code. + (g) Water.--Section 3(e) of the James Peak Wilderness and +Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to +the Wildlife Conservation Area. -SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. +SEC. 21106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA. - (a) Authorization of Appropriations.--Funds are hereby authorized -to be appropriated for fiscal years beginning after September 30, 2020, -for military construction, land acquisition, and military family -housing functions of the Department of the Air Force, as specified in -the funding table in section 3002. - (b) Limitation on Total Cost of Construction Projects.-- -Notwithstanding the cost variations authorized by section 2853 of title -10, United States Code, and any other cost variation authorized by law, -the total cost of all projects carried out under section 2301 of this -Act may not exceed the total amount authorized to be appropriated under -subsection (a), as specified in the funding table in section 3002. + (a) Designation.--Subject to valid existing rights, the +approximately 3,528 acres of Federal land in the White River National +Forest in the State, as generally depicted as ``Proposed Williams Fork +Mountains Wildlife Conservation Area'' on the map entitled ``Williams +Fork Mountains Proposal'' and dated June 24, 2019, are designated as +the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to +in this section as the ``Wildlife Conservation Area''). + (b) Purposes.--The purposes of the Wildlife Conservation Area are +to conserve, protect, and enhance for the benefit and enjoyment of +present and future generations the wildlife, scenic, roadless, +watershed, recreational, and ecological resources of the Wildlife +Conservation Area. + (c) Management.-- + (1) In general.--The Secretary shall manage the Wildlife + Conservation Area-- + (A) in a manner that conserves, protects, and + enhances the purposes described in subsection (b); and + (B) in accordance with-- + (i) the Forest and Rangeland Renewable + Resources Planning Act of 1974 (16 U.S.C. 1600 + et seq.); + (ii) any other applicable laws (including + regulations); and + (iii) this section. + (2) Uses.-- + (A) In general.--The Secretary shall only allow + such uses of the Wildlife Conservation Area as the + Secretary determines would further the purposes + described in subsection (b). + (B) Motorized vehicles.-- + (i) In general.--Except as provided in + clause (iii), the use of motorized vehicles in + the Wildlife Conservation Area shall be limited + to designated roads and trails. + (ii) New or temporary roads.--Except as + provided in clause (iii), no new or temporary + road shall be constructed in the Wildlife + Conservation Area. + (iii) Exceptions.--Nothing in clause (i) or + (ii) prevents the Secretary from-- + (I) authorizing the use of + motorized vehicles for administrative + purposes; + (II) authorizing the use of + motorized vehicles to carry out + activities described in subsection (d); + or + (III) responding to an emergency. + (C) Bicycles.--The use of bicycles in the Wildlife + Conservation Area shall be limited to designated roads + and trails. + (D) Commercial timber.-- + (i) In general.--Subject to clause (ii), no + project shall be carried out in the Wildlife + Conservation Area for the purpose of harvesting + commercial timber. + (ii) Limitation.--Nothing in clause (i) + prevents the Secretary from harvesting or + selling a merchantable product that is a + byproduct of an activity authorized under this + section. + (E) Grazing.--The laws (including regulations) and + policies followed by the Secretary in issuing and + administering grazing permits or leases on land under + the jurisdiction of the Secretary shall continue to + apply with regard to the land in the Wildlife + Conservation Area, consistent with the purposes + described in subsection (b). + (d) Fire, Insects, and Diseases.--The Secretary may carry out any +activity, in accordance with applicable laws (including regulations), +that the Secretary determines to be necessary to prevent, control, or +mitigate fire, insects, or disease in the Wildlife Conservation Area, +subject to such terms and conditions as the Secretary determines to be +appropriate. + (e) Regional Transportation Projects.--Nothing in this section or +section 21110(e) precludes the Secretary from authorizing, in +accordance with applicable laws (including regulations), the use or +leasing of Federal land within the Wildlife Conservation Area for-- + (1) a regional transportation project, including-- + (A) highway widening or realignment; and + (B) construction of multimodal transportation + systems; or + (2) any infrastructure, activity, or safety measure + associated with the implementation or use of a facility + constructed under paragraph (1). + (f) Water.--Section 3(e) of the James Peak Wilderness and +Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to +the Wildlife Conservation Area. - TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION +SEC. 21107. CAMP HALE NATIONAL HISTORIC LANDSCAPE. -SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND - ACQUISITION PROJECTS. + (a) Designation.--Subject to valid existing rights, the +approximately 28,676 acres of Federal land in the White River National +Forest in the State, as generally depicted as ``Proposed Camp Hale +National Historic Landscape'' on the map entitled ``Camp Hale National +Historic Landscape Proposal'' and dated June 24, 2019, are designated +the ``Camp Hale National Historic Landscape''. + (b) Purposes.--The purposes of the Historic Landscape are-- + (1) to provide for-- + (A) the interpretation of historic events, + activities, structures, and artifacts of the Historic + Landscape, including with respect to the role of the + Historic Landscape in local, national, and world + history; + (B) the historic preservation of the Historic + Landscape, consistent with-- + (i) the designation of the Historic + Landscape as a national historic site; and + (ii) the other purposes of the Historic + Landscape; + (C) recreational opportunities, with an emphasis on + the activities related to the historic use of the + Historic Landscape, including skiing, snowshoeing, + snowmobiling, hiking, horseback riding, climbing, other + road- and trail-based activities, and other outdoor + activities; and + (D) the continued environmental remediation and + removal of unexploded ordnance at the Camp Hale + Formerly Used Defense Site and the Camp Hale historic + cantonment area; and + (2) to conserve, protect, restore, and enhance for the + benefit and enjoyment of present and future generations the + scenic, watershed, and ecological resources of the Historic + Landscape. + (c) Management.-- + (1) In general.--The Secretary shall manage the Historic + Landscape in accordance with-- + (A) the purposes of the Historic Landscape + described in subsection (b); and + (B) any other applicable laws (including + regulations). + (2) Management plan.-- + (A) In general.--Not later than 5 years after the + date of enactment of this Act, the Secretary shall + prepare a management plan for the Historic Landscape. + (B) Contents.--The management plan prepared under + subparagraph (A) shall include plans for-- + (i) improving the interpretation of + historic events, activities, structures, and + artifacts of the Historic Landscape, including + with respect to the role of the Historic + Landscape in local, national, and world + history; + (ii) conducting historic preservation and + veteran outreach and engagement activities; + (iii) managing recreational opportunities, + including the use and stewardship of-- + (I) the road and trail systems; and + (II) dispersed recreation + resources; + (iv) the conservation, protection, + restoration, or enhancement of the scenic, + watershed, and ecological resources of the + Historic Landscape, including conducting the + restoration and enhancement project under + subsection (d); and + (v) environmental remediation and, + consistent with subsection (e)(2), the removal + of unexploded ordnance. + (3) Explosive hazards.--The Secretary shall provide to the + Secretary of the Army a notification of any unexploded ordnance + (as defined in section 101(e) of title 10, United States Code) + that is discovered in the Historic Landscape. + (d) Camp Hale Restoration and Enhancement Project.-- + (1) In general.--The Secretary shall conduct a restoration + and enhancement project in the Historic Landscape-- + (A) to improve aquatic, riparian, and wetland + conditions in and along the Eagle River and tributaries + of the Eagle River; + (B) to maintain or improve recreation and + interpretive opportunities and facilities; and + (C) to conserve historic values in the Camp Hale + area. + (2) Coordination.--In carrying out the project described in + paragraph (1), the Secretary shall coordinate with-- + (A) the United States Army Corps of Engineers; + (B) the Camp Hale-Eagle River Headwaters + Collaborative Group; + (C) the National Forest Foundation; + (D) the Colorado Department of Public Health and + Environment; + (E) the Colorado State Historic Preservation + Office; + (F) units of local government; and + (G) other interested organizations and members of + the public. + (e) Environmental Remediation.-- + (1) In general.--The Secretary of the Army shall continue + to carry out the projects and activities of the Department of + the Army in existence on the date of enactment of this Act + relating to cleanup of-- + (A) the Camp Hale Formerly Used Defense Site; or + (B) the Camp Hale historic cantonment area. + (2) Removal of unexploded ordnance.-- + (A) In general.--The Secretary of the Army may + remove unexploded ordnance (as defined in section + 101(e) of title 10, United States Code) from the + Historic Landscape, as the Secretary of the Army + determines to be appropriate in accordance with + applicable law (including regulations). + (B) Action on receipt of notice.--On receipt from + the Secretary of a notification of unexploded ordnance + under subsection (c)(3), the Secretary of the Army may + remove the unexploded ordnance in accordance with-- + (i) the program for environmental + restoration of formerly used defense sites + under section 2701 of title 10, United States + Code; + (ii) the Comprehensive Environmental + Response, Compensation, and Liability Act of + 1980 (42 U.S.C. 9601 et seq.); and + (iii) any other applicable provision of law + (including regulations). + (3) Effect of subsection.--Nothing in this subsection + modifies any obligation in existence on the date of enactment + of this Act relating to environmental remediation or removal of + any unexploded ordnance located in or around the Camp Hale + historic cantonment area, the Camp Hale Formerly Used Defense + Site, or the Historic Landscape, including such an obligation + under-- + (A) the program for environmental restoration of + formerly used defense sites under section 2701 of title + 10, United States Code; + (B) the Comprehensive Environmental Response, + Compensation, and Liability Act of 1980 (42 U.S.C. 9601 + et seq.); or + (C) any other applicable provision of law + (including regulations). + (f) Interagency Agreement.--The Secretary and the Secretary of the +Army shall enter into an agreement-- + (1) to specify-- + (A) the activities of the Secretary relating to the + management of the Historic Landscape; and + (B) the activities of the Secretary of the Army + relating to environmental remediation and the removal + of unexploded ordnance in accordance with subsection + (e) and other applicable laws (including regulations); + and + (2) to require the Secretary to provide to the Secretary of + the Army, by not later than 1 year after the date of enactment + of this Act and periodically thereafter, as appropriate, a + management plan for the Historic Landscape for purposes of the + removal activities described in subsection (e). + (g) Effect.--Nothing in this section-- + (1) affects the jurisdiction of the State over any water + law, water right, or adjudication or administration relating to + any water resource; + (2) affects any water right in existence on or after the + date of enactment of this Act, or the exercise of such a water + right, including-- + (A) a water right under an interstate water compact + (including full development of any apportionment made + in accordance with such a compact); + (B) a water right decreed within, above, below, or + through the Historic Landscape; + (C) a water right held by the United States; + (D) the management or operation of any reservoir, + including the storage, management, release, or + transportation of water; and + (E) the construction or operation of such + infrastructure as is determined to be necessary by an + individual or entity holding water rights to develop + and place to beneficial use those rights, subject to + applicable Federal, State, and local law (including + regulations); + (3) constitutes an express or implied reservation by the + United States of any reserved or appropriative water right; + (4) alters or limits-- + (A) a permit held by a ski area; + (B) the implementation of activities governed by a + ski area permit; or + (C) the authority of the Secretary to modify or + expand an existing ski area permit; + (5) prevents the Secretary from closing portions of the + Historic Landscape for public safety, environmental + remediation, or other use in accordance with applicable laws; + or + (6) affects-- + (A) any special use permit in effect on the date of + enactment of this Act; or + (B) the renewal of a permit described in + subparagraph (A). + (h)(1) Funding.--There is established in the general fund of the +Treasury a special account, to be known as the ``Camp Hale Historic +Preservation and Restoration Fund''. + (2) There is authorized to be appropriated to the Camp Hale +Historic Preservation and Restoration Fund $10,000,000, to be available +to the Secretary until expended, for activities relating to historic +interpretation, preservation, and restoration carried out in and around +the Historic Landscape. + (i) Designation of Overlook.--The interpretive site located beside +United States Route 24 in the State, at 39.431N 106.323W, is hereby +designated as the ``Sandy Treat Overlook''. - (a) Inside the United States.--Using amounts appropriated pursuant -to the authorization of appropriations in section 2403(a) and available -for military construction projects inside the United States as -specified in the funding table in section 3002, the Secretary of -Defense may acquire real property and carry out military construction -projects for the installations or locations inside the United States, -and in the amounts, set forth in the following table: +SEC. 21108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION. - Defense Agencies: Inside the United States ----------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount ----------------------------------------------------------------------------------------------------------------- -Alabama......................................... Anniston Army Depot........................ $18,000,000 -Alaska.......................................... Fort Greely................................ $48,000,000 -Arizona......................................... Fort Huachuca.............................. $33,728,000 - Yuma....................................... $49,500,000 -California...................................... Beale Air Force Base....................... $22,800,000 -Colorado........................................ Fort Carson................................ $15,600,000 -CONUS Unspecified............................... CONUS Unspecified.......................... $14,400,000 -Florida......................................... Hurlburt Field............................. $83,120,000 -Kentucky........................................ Fort Knox.................................. $69,310,000 - New Mexico..................................... Kirtland Air Force Base.................... $46,600,000 - North Carolina................................. Fort Bragg................................. $113,800,000 -Ohio............................................ Wright-Patterson Air Force Base............ $23,500,000 -Texas........................................... Fort Hood.................................. $32,700,000 -Virginia........................................ Joint Expeditionary Base Little Creek-Fort $112,500,000 - Story..................................... -Washington...................................... Joint Base Lewis-McChord................... $21,800,000 - Manchester................................. $82,000,000 ----------------------------------------------------------------------------------------------------------------- + (a) In General.--The boundary of the White River National Forest is +modified to include the approximately 120 acres comprised of the SW 1/ +4, the SE 1/4, and the NE 1/4 of the SE 1/4 of sec. 1, T. 2 S., R. 80 +W., 6th Principal Meridian, in Summit County in the State. + (b) Land and Water Conservation Fund.--For purposes of section +200306 of title 54, United States Code, the boundaries of the White +River National Forest, as modified under subsection (a), shall be +considered to be the boundaries of the White River National Forest as +in existence on January 1, 1965. - (b) Outside the United States.--Using amounts appropriated pursuant -to the authorization of appropriations in section 2403(a) and available -for military construction projects outside the United States as -specified in the funding table in section 3002, the Secretary of -Defense may acquire real property and carry out military construction -projects for the installations or locations outside the United States, -and in the amounts, set forth in the following table: +SEC. 21109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY + ADJUSTMENT. - Defense Agencies: Outside the United States ----------------------------------------------------------------------------------------------------------------- - Country Installation or Location Amount ----------------------------------------------------------------------------------------------------------------- -Japan........................................... Def Fuel Support Point Tsurumi............ $49,500,000 ----------------------------------------------------------------------------------------------------------------- + (a) Purpose.--The purpose of this section is to provide for the +ongoing maintenance and use of portions of the Trail River Ranch and +the associated property located within Rocky Mountain National Park in +Grand County in the State. + (b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public +Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is +amended by adding at the end the following: + ``(3) Boundary adjustment.--The boundary of the Potential + Wilderness is modified to exclude the area comprising + approximately 15.5 acres of land identified as `Potential + Wilderness to Non-wilderness' on the map entitled `Rocky + Mountain National Park Proposed Wilderness Area Amendment' and + dated January 16, 2018.''. -SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS. +SEC. 21110. ADMINISTRATIVE PROVISIONS. - Using amounts appropriated pursuant to the authorization of -appropriations in section 2403(a) and available for energy conservation -projects as specified in the funding table in section 3002, the -Secretary of Defense may carry out energy conservation projects under -chapter 173 of title 10, United States Code, in the amount set forth in -the table. + (a) Fish and Wildlife.--Nothing in this title affects the +jurisdiction or responsibility of the State with respect to fish and +wildlife in the State. + (b) No Buffer Zones.-- + (1) In general.--Nothing in this title or an amendment made + by this title establishes a protective perimeter or buffer zone + around-- + (A) a covered area; + (B) a wilderness area or potential wilderness area + designated by section 21103; + (C) the Recreation Management Area; + (D) a Wildlife Conservation Area; or + (E) the Historic Landscape. + (2) Outside activities.--The fact that a nonwilderness + activity or use on land outside of a covered area can be seen + or heard from within the covered area shall not preclude the + activity or use outside the boundary of the covered area. + (c) Maps and Legal Descriptions.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file maps and legal + descriptions of each area described in subsection (b)(1) with-- + (A) the Committee on Natural Resources of the House + of Representatives; and + (B) the Committee on Energy and Natural Resources + of the Senate. + (2) Force of law.--Each map and legal description filed + under paragraph (1) shall have the same force and effect as if + included in this title, except that the Secretary may correct + any typographical errors in the maps and legal descriptions. + (3) Public availability.--Each map and legal description + filed under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service. + (d) Acquisition of Land.-- + (1) In general.--The Secretary may acquire any land or + interest in land within the boundaries of an area described in + subsection (b)(1) only through exchange, donation, or purchase + from a willing seller. + (2) Management.--Any land or interest in land acquired + under paragraph (1) shall be incorporated into, and + administered as a part of, the wilderness area, Recreation + Management Area, Wildlife Conservation Area, or Historic + Landscape, as applicable, in which the land or interest in land + is located. + (e) Withdrawal.--Subject to valid rights in existence on the date +of enactment of this Act, the areas described in subsection (b)(1) are +withdrawn from-- + (1) entry, appropriation, and disposal under the public + land laws; + (2) location, entry, and patent under mining laws; and + (3) operation of the mineral leasing, mineral materials, + and geothermal leasing laws. + (f) Military Overflights.--Nothing in this title or an amendment +made by this title restricts or precludes-- + (1) any low-level overflight of military aircraft over any + area subject to this title or an amendment made by this title, + including military overflights that can be seen, heard, or + detected within such an area; + (2) flight testing or evaluation over an area described in + paragraph (1); or + (3) the use or establishment of-- + (A) any new unit of special use airspace over an + area described in paragraph (1); or + (B) any military flight training or transportation + over such an area. + (g) Sense of Congress.--It is the sense of Congress that military +aviation training on Federal public lands in Colorado, including the +training conducted at the High-Altitude Army National Guard Aviation +Training Site, is critical to the national security of the United +States and the readiness of the Armed Forces. -SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. + TITLE II--SAN JUAN MOUNTAINS - (a) Authorization of Appropriations.--Funds are hereby authorized -to be appropriated for fiscal years beginning after September 30, 2020, -for military construction, land acquisition, and military family -housing functions of the Department of Defense (other than the military -departments), as specified in the funding table in section 3002. - (b) Limitation on Total Cost of Construction Projects.-- -Notwithstanding the cost variations authorized by section 2853 of title -10, United States Code, and any other cost variation authorized by law, -the total cost of all projects carried out under section 2401 of this -Act may not exceed the total amount authorized to be appropriated under -subsection (a), as specified in the funding table in section 3002. +SEC. 21201. DEFINITIONS. - TITLE XXV--INTERNATIONAL PROGRAMS + In this title: + (1) Covered land.--The term ``covered land'' means-- + (A) land designated as wilderness under paragraphs + (27) through (29) of section 2(a) of the Colorado + Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law + 103-77) (as added by section 21202); and + (B) a Special Management Area. + (2) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture. + (3) Special management area.--The term ``Special Management + Area'' means each of-- + (A) the Sheep Mountain Special Management Area + designated by section 21203(a)(1); and + (B) the Liberty Bell East Special Management Area + designated by section 21203(a)(2). - Subtitle A--North Atlantic Treaty Organization Security Investment - Program +SEC. 21202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM. -SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. + Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 +note; Public Law 103-77) (as amended by section 21102(a)(2)) is amended +by adding at the end the following: + ``(27) Lizard head wilderness addition.--Certain Federal + land in the Grand Mesa, Uncompahgre, and Gunnison National + Forests comprising approximately 3,141 acres, as generally + depicted on the map entitled `Proposed Wilson, Sunshine, Black + Face and San Bernardo Additions to the Lizard Head Wilderness' + and dated September 6, 2018, which is incorporated in, and + shall be administered as part of, the Lizard Head Wilderness. + ``(28) Mount sneffels wilderness additions.-- + ``(A) Liberty bell and last dollar additions.-- + Certain Federal land in the Grand Mesa, Uncompahgre, + and Gunnison National Forests comprising approximately + 7,235 acres, as generally depicted on the map entitled + `Proposed Liberty Bell and Last Dollar Additions to the + Mt. Sneffels Wilderness, Liberty Bell East Special + Management Area' and dated September 6, 2018, which is + incorporated in, and shall be administered as part of, + the Mount Sneffels Wilderness. + ``(B) Whitehouse additions.--Certain Federal land + in the Grand Mesa, Uncompahgre, and Gunnison National + Forests comprising approximately 12,465 acres, as + generally depicted on the map entitled `Proposed + Whitehouse Additions to the Mt. Sneffels Wilderness' + and dated September 6, 2018, which is incorporated in, + and shall be administered as part of, the Mount + Sneffels Wilderness. + ``(29) Mckenna peak wilderness.--Certain Federal land in + the State of Colorado comprising approximately 8,884 acres of + Bureau of Land Management land, as generally depicted on the + map entitled `Proposed McKenna Peak Wilderness Area' and dated + September 18, 2018, to be known as the `McKenna Peak + Wilderness'.''. - The Secretary of Defense may make contributions for the North -Atlantic Treaty Organization Security Investment Program as provided in -section 2806 of title 10, United States Code, in an amount not to -exceed the sum of the amount authorized to be appropriated for this -purpose in section 2502 and the amount collected from the North -Atlantic Treaty Organization as a result of construction previously -financed by the United States. +SEC. 21203. SPECIAL MANAGEMENT AREAS. -SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. + (a) Designation.-- + (1) Sheep mountain special management area.--The Federal + land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan + National Forests in the State comprising approximately 21,663 + acres, as generally depicted on the map entitled ``Proposed + Sheep Mountain Special Management Area'' and dated September + 19, 2018, is designated as the ``Sheep Mountain Special + Management Area''. + (2) Liberty bell east special management area.--The Federal + land in the Grand Mesa, Uncompahgre, and Gunnison National + Forests in the State comprising approximately 792 acres, as + generally depicted on the map entitled ``Proposed Liberty Bell + and Last Dollar Additions to the Mt. Sneffels Wilderness, + Liberty Bell East Special Management Area'' and dated September + 6, 2018, is designated as the ``Liberty Bell East Special + Management Area''. + (b) Purpose.--The purpose of the Special Management Areas is to +conserve and protect for the benefit and enjoyment of present and +future generations the geological, cultural, archaeological, +paleontological, natural, scientific, recreational, wilderness, +wildlife, riparian, historical, educational, and scenic resources of +the Special Management Areas. + (c) Management.-- + (1) In general.--The Secretary shall manage the Special + Management Areas in a manner that-- + (A) conserves, protects, and enhances the resources + and values of the Special Management Areas described in + subsection (b); + (B) subject to paragraph (3), maintains or improves + the wilderness character of the Special Management + Areas and the suitability of the Special Management + Areas for potential inclusion in the National + Wilderness Preservation System; and + (C) is in accordance with-- + (i) the National Forest Management Act of + 1976 (16 U.S.C. 1600 et seq.); + (ii) this title; and + (iii) any other applicable laws. + (2) Prohibitions.--The following shall be prohibited in the + Special Management Areas: + (A) Permanent roads. + (B) Except as necessary to meet the minimum + requirements for the administration of the Federal + land, to provide access for abandoned mine cleanup, and + to protect public health and safety-- + (i) the use of motor vehicles, motorized + equipment, or mechanical transport (other than + as provided in paragraph (3)); and + (ii) the establishment of temporary roads. + (3) Authorized activities.-- + (A) In general.--The Secretary may allow any + activities (including helicopter access for recreation + and maintenance and the competitive running event + permitted since 1992) that have been authorized by + permit or license as of the date of enactment of this + Act to continue within the Special Management Areas, + subject to such terms and conditions as the Secretary + may require. + (B) Permitting.--The designation of the Special + Management Areas by subsection (a) shall not affect the + issuance of permits relating to the activities covered + under subparagraph (A) after the date of enactment of + this Act. + (C) Bicycles.--The Secretary may permit the use of + bicycles in-- + (i) the portion of the Sheep Mountain + Special Management Area identified as ``Ophir + Valley Area'' on the map entitled ``Proposed + Sheep Mountain Special Management Area'' and + dated September 19, 2018; and + (ii) the portion of the Liberty Bell East + Special Management Area identified as ``Liberty + Bell Corridor'' on the map entitled ``Proposed + Liberty Bell and Last Dollar Additions to the + Mt. Sneffels Wilderness, Liberty Bell East + Special Management Area'' and dated September + 6, 2018. + (d) Applicable Law.--Water and water rights in the Special +Management Areas shall be administered in accordance with section 8 of +the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762), +except that, for purposes of this division-- + (1) any reference contained in that section to ``the lands + designated as wilderness by this Act'', ``the Piedra, + Roubideau, and Tabeguache areas identified in section 9 of this + Act, or the Bowen Gulch Protection Area or the Fossil Ridge + Recreation Management Area identified in sections 5 and 6 of + this Act'', or ``the areas described in sections 2, 5, 6, and 9 + of this Act'' shall be considered to be a reference to ``the + Special Management Areas''; and + (2) any reference contained in that section to ``this Act'' + shall be considered to be a reference to ``the Colorado Outdoor + Recreation and Economy Act''. - (a) Authorization.--Funds are hereby authorized to be appropriated -for fiscal years beginning after September 30, 2020, for contributions -by the Secretary of Defense under section 2806 of title 10, United -States Code, for the share of the United States of the cost of projects -for the North Atlantic Treaty Organization Security Investment Program -authorized by section 2501 as specified in the funding table in section -3002. - (b) Authority To Recognize NATO Authorization Amounts as Budgetary -Resources for Project Execution.--When the United States is designated -as the Host Nation for the purposes of executing a project under the -NATO Security Investment Program (NSIP), the Department of Defense -construction agent may recognize the NATO project authorization amounts -as budgetary resources to incur obligations for the purposes of -executing the NSIP project. +SEC. 21204. RELEASE OF WILDERNESS STUDY AREAS. - Subtitle B--Host Country In-Kind Contributions + (a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II +of Public Law 111-11 is amended-- + (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as + section 2409; and + (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) + the following: -SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. +``SEC. 2408. RELEASE. - Pursuant to agreement with the Republic of Korea for required in- -kind contributions, the Secretary of Defense may accept military -construction projects for the installations or locations in the -Republic of Korea, and in the amounts, set forth in the following -table: + ``(a) In General.--Congress finds that, for the purposes of section +603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. +1782(c)), the portions of the Dominguez Canyon Wilderness Study Area +not designated as wilderness by this subtitle have been adequately +studied for wilderness designation. + ``(b) Release.--Any public land referred to in subsection (a) that +is not designated as wilderness by this subtitle-- + ``(1) is no longer subject to section 603(c) of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and + ``(2) shall be managed in accordance with this subtitle and + any other applicable laws.''. + (b) Mckenna Peak Wilderness Study Area.-- + (1) In general.--Congress finds that, for the purposes of + section 603(c) of the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak + Wilderness Study Area in San Miguel County in the State not + designated as wilderness by paragraph (29) of section 2(a) of + the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; + Public Law 103-77) (as added by section 21202) have been + adequately studied for wilderness designation. + (2) Release.--Any public land referred to in paragraph (1) + that is not designated as wilderness by paragraph (29) of + section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. + 1132 note; Public Law 103-77) (as added by section 21202)-- + (A) is no longer subject to section 603(c) of the + Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1782(c)); and + (B) shall be managed in accordance with applicable + laws. - Republic of Korea Funded Construction Projects ----------------------------------------------------------------------------------------------------------------- - Component Installation or Location Project Amount ----------------------------------------------------------------------------------------------------------------- -Army.................................... Camp Carroll............. Site Development.......... $49,000,000 -Army.................................... Camp Humphreys............ Attack Reconnaissance $99,000,000 - Battalion Hangar......... -Army.................................... Camp Humphreys............ Hot Refuel Point.......... $35,000,000 -Navy.................................... COMROKFLT Naval Base, Maritime Operations Center $26,000,000 - Busan. -Air Force............................... Daegu Air Base............ AGE Facility and Parking $14,000,000 - Apron.................... -Air Force............................... Kunsan Air Base........... Backup Generator Plant.... $19,000,000 -Air Force............................... Osan Air Base............. Aircraft Corrosion Control $12,000,000 - Facility (Phase 3)....... -Air Force............................... Osan Air Base............. Child Development Center.. $20,000,000 -Air Force............................... Osan Air Base............. Relocate Munitions Storage $84,000,000 - Area Delta (Phase 1)..... -Defense-Wide............................ Camp Humphreys............ Elementary School......... $58,000,000 ----------------------------------------------------------------------------------------------------------------- +SEC. 21205. ADMINISTRATIVE PROVISIONS. - TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES + (a) Fish and Wildlife.--Nothing in this title affects the +jurisdiction or responsibility of the State with respect to fish and +wildlife in the State. + (b) No Buffer Zones.-- + (1) In general.--Nothing in this title establishes a + protective perimeter or buffer zone around covered land. + (2) Activities outside wilderness.--The fact that a + nonwilderness activity or use on land outside of the covered + land can be seen or heard from within covered land shall not + preclude the activity or use outside the boundary of the + covered land. + (c) Maps and Legal Descriptions.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary or the Secretary of the + Interior, as appropriate, shall file a map and a legal + description of each wilderness area designated by paragraphs + (27) through (29) of section 2(a) of the Colorado Wilderness + Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added + by section 21202) and the Special Management Areas with-- + (A) the Committee on Natural Resources of the House + of Representatives; and + (B) the Committee on Energy and Natural Resources + of the Senate. + (2) Force of law.--Each map and legal description filed + under paragraph (1) shall have the same force and effect as if + included in this title, except that the Secretary or the + Secretary of the Interior, as appropriate, may correct any + typographical errors in the maps and legal descriptions. + (3) Public availability.--Each map and legal description + filed under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Bureau of + Land Management and the Forest Service. + (d) Acquisition of Land.-- + (1) In general.--The Secretary or the Secretary of the + Interior, as appropriate, may acquire any land or interest in + land within the boundaries of a Special Management Area or the + wilderness designated under paragraphs (27) through (29) of + section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. + 1132 note; Public Law 103-77) (as added by section 21202) only + through exchange, donation, or purchase from a willing seller. + (2) Management.--Any land or interest in land acquired + under paragraph (1) shall be incorporated into, and + administered as a part of, the wilderness or Special Management + Area in which the land or interest in land is located. + (e) Grazing.--The grazing of livestock on covered land, if +established before the date of enactment of this Act, shall be +permitted to continue subject to such reasonable regulations as are +considered to be necessary by the Secretary with jurisdiction over the +covered land, in accordance with-- + (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); and + (2) the applicable guidelines set forth in Appendix A of + the report of the Committee on Interior and Insular Affairs of + the House of Representatives accompanying H.R. 2570 of the + 101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th + Congress (H. Rept. 96-617). + (f) Fire, Insects, and Diseases.--In accordance with section +4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary +with jurisdiction over a wilderness area designated by paragraphs (27) +through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 +U.S.C. 1132 note; Public Law 103-77) (as added by section 21202) may +carry out any activity in the wilderness area that the Secretary +determines to be necessary for the control of fire, insects, and +diseases, subject to such terms and conditions as the Secretary +determines to be appropriate. + (g) Withdrawal.--Subject to valid rights in existence on the date +of enactment of this Act, the covered land and the approximately 6,590 +acres generally depicted on the map entitled ``Proposed Naturita Canyon +Mineral Withdrawal Area'' and dated September 6, 2018, is withdrawn +from-- + (1) entry, appropriation, and disposal under the public + land laws; + (2) location, entry, and patent under mining laws; and + (3) operation of the mineral leasing, mineral materials, + and geothermal leasing laws. -SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND - ACQUISITION PROJECTS. + TITLE III--THOMPSON DIVIDE - Using amounts appropriated pursuant to the authorization of -appropriations in section 2606 and available for the National Guard and -Reserve as specified in the funding table in section 3002, the -Secretary of the Army may acquire real property and carry out military -construction projects for the Army National Guard locations inside the -United States, and in the amounts, set forth in the following table: +SEC. 21301. PURPOSES. - Army National Guard ----------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount ----------------------------------------------------------------------------------------------------------------- -Arizona......................................... Tucson.................................... $18,100,000 -Colorado........................................ Peterson Air Force Base.................... $15,000,000 -Indiana......................................... Shelbyville................................ $12,000,000 -Kentucky........................................ Frankfort.................................. $15,000,000 -Mississippi..................................... Brandon.................................... $10,400,000 -Nebraska........................................ North Platte............................... $9,300,000 -New Jersey...................................... Joint Base McGuire-Dix-Lakehurst........... $15,000,000 -Ohio............................................ Columbus................................... $15,000,000 -Oregon.......................................... Hermiston.................................. $9,300,000 -South Carolina.................................. Joint Base Charleston...................... $15,000,000 -Tennessee....................................... McMinnville................................ $11,200,000 -Texas........................................... Fort Worth................................. $13,800,000 -Utah............................................ Nephi...................................... $12,000,000 -Wisconsin....................................... Appleton................................... $11,600,000 ----------------------------------------------------------------------------------------------------------------- + The purposes of this title are-- + (1) subject to valid existing rights, to withdraw certain + Federal land in the Thompson Divide area from mineral and other + disposal laws; and + (2) to promote the capture of fugitive methane emissions + that would otherwise be emitted into the atmosphere-- + (A) to reduce methane gas emissions; and + (B) to provide-- + (i) new renewable electricity supplies and + other beneficial uses of fugitive methane + emissions; and + (ii) increased royalties for taxpayers. -SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION - PROJECTS. +SEC. 21302. DEFINITIONS. - Using amounts appropriated pursuant to the authorization of -appropriations in section 2606 and available for the National Guard and -Reserve as specified in the funding table in section 3002, the -Secretary of the Army may acquire real property and carry out military -construction projects for the Army Reserve locations inside the United -States, and in the amounts, set forth in the following table: + In this title: + (1) Fugitive methane emissions.--The term ``fugitive + methane emissions'' means methane gas from those Federal lands + in Garfield, Gunnison, Delta, or Pitkin County in the State + generally depicted on the pilot program map as ``Fugitive Coal + Mine Methane Use Pilot Program Area'' that would leak or be + vented into the atmosphere from an active, inactive or + abandoned underground coal mine. + (2) Pilot program.--The term ``pilot program'' means the + Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot + Program established by section 21305(a)(1). + (3) Pilot program map.--The term ``pilot program map'' + means the map entitled ``Greater Thompson Divide Fugitive Coal + Mine Methane Use Pilot Program Area'' and dated June 17, 2019. + (4) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (5) Thompson divide lease.-- + (A) In general.--The term ``Thompson Divide lease'' + means any oil or gas lease in effect on the date of + enactment of this Act within the Thompson Divide + Withdrawal and Protection Area. + (B) Exclusions.--The term ``Thompson Divide lease'' + does not include any oil or gas lease that-- + (i) is associated with a Wolf Creek Storage + Field development right; or + (ii) before the date of enactment of this + Act, has expired, been cancelled, or otherwise + terminated. + (6) Thompson divide map.--The term ``Thompson Divide map'' + means the map entitled ``Greater Thompson Divide Area Map'' and + dated June 13, 2019. + (7) Thompson divide withdrawal and protection area.--The + term ``Thompson Divide Withdrawal and Protection Area'' means + the Federal land and minerals generally depicted on the + Thompson Divide map as the ``Thompson Divide Withdrawal and + Protection Area''. + (8) Wolf creek storage field development right.-- + (A) In general.--The term ``Wolf Creek Storage + Field development right'' means a development right for + any of the Federal mineral leases numbered COC 007496, + COC 007497, COC 007498, COC 007499, COC 007500, COC + 007538, COC 008128, COC 015373, COC 0128018, COC + 051645, and COC 051646, and generally depicted on the + Thompson Divide map as ``Wolf Creek Storage + Agreement''. + (B) Exclusions.--The term ``Wolf Creek Storage + Field development right'' does not include any storage + right or related activity within the area described in + subparagraph (A). - Army Reserve ----------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount ----------------------------------------------------------------------------------------------------------------- -Florida......................................... Gainesville................................ $36,000,000 -Massachusetts................................... Devens Reserve Forces Training Area....... $8,700,000 -North Carolina.................................. Asheville.................................. $24,000,000 -Wisconsin....................................... Fort McCoy................................. $14,600,000 ----------------------------------------------------------------------------------------------------------------- +SEC. 21303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA. -SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE - CONSTRUCTION AND LAND ACQUISITION PROJECTS. + (a) Withdrawal.--Subject to valid existing rights, the Thompson +Divide Withdrawal and Protection Area is withdrawn from-- + (1) entry, appropriation, and disposal under the public + land laws; + (2) location, entry, and patent under the mining laws; and + (3) operation of the mineral leasing, mineral materials, + and geothermal leasing laws. + (b) Surveys.--The exact acreage and legal description of the +Thompson Divide Withdrawal and Protection Area shall be determined by +surveys approved by the Secretary, in consultation with the Secretary +of Agriculture. + (c) Grazing.--The grazing of livestock on covered land, if +established before the date of enactment of this Act, shall be allowed +to continue subject to such reasonable regulations as are considered to +be necessary by the Secretary with jurisdiction over the covered land. - Using amounts appropriated pursuant to the authorization of -appropriations in section 2606 and available for the National Guard and -Reserve as specified in the funding table in section 3002, the -Secretary of the Navy may acquire real property and carry out military -construction projects for the Navy Reserve and Marine Corps Reserve -locations inside the United States, and in the amounts, set forth in -the following table: +SEC. 21304. THOMPSON DIVIDE LEASE EXCHANGE. - Navy Reserve and Marine Corps Reserve ----------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount ----------------------------------------------------------------------------------------------------------------- -Maryland........................................ Reisterstown.............................. $39,500,000 -Utah............................................ Hill Air Force Base........................ $25,010,000 ----------------------------------------------------------------------------------------------------------------- + (a) In General.--In exchange for the relinquishment by a +leaseholder of all Thompson Divide leases of the leaseholder, the +Secretary may issue to the leaseholder credits for any bid, royalty, or +rental payment due under any Federal oil or gas lease on Federal land +in the State, in accordance with subsection (b). + (b) Amount of Credits.-- + (1) In general.--Subject to paragraph (2), the amount of + the credits issued to a leaseholder of a Thompson Divide lease + relinquished under subsection (a) shall-- + (A) be equal to the sum of-- + (i) the amount of the bonus bids paid for + the applicable Thompson Divide leases; + (ii) the amount of any rental paid for the + applicable Thompson Divide leases as of the + date on which the leaseholder submits to the + Secretary a notice of the decision to + relinquish the applicable Thompson Divide + leases; and + (iii) the amount of any expenses incurred + by the leaseholder of the applicable Thompson + Divide leases in the preparation of any + drilling permit, sundry notice, or other + related submission in support of the + development of the applicable Thompson Divide + leases as of January 28, 2019, including any + expenses relating to the preparation of any + analysis under the National Environmental + Policy Act of 1969 (42 U.S.C. 4321 et seq.); + and + (B) require the approval of the Secretary. + (2) Exclusion.--The amount of a credit issued under + subsection (a) shall not include any expenses paid by the + leaseholder of a Thompson Divide lease for legal fees or + related expenses for legal work with respect to a Thompson + Divide lease. + (c) Cancellation.--Effective on relinquishment under this section, +and without any additional action by the Secretary, a Thompson Divide +lease-- + (1) shall be permanently cancelled; and + (2) shall not be reissued. + (d) Conditions.-- + (1) Applicable law.--Except as otherwise provided in this + section, each exchange under this section shall be conducted in + accordance with-- + (A) this division; and + (B) other applicable laws (including regulations). + (2) Acceptance of credits.--The Secretary may, subject to + appropriations, accept credits issued under subsection (a) in + the same manner as cash for the payments described in that + subsection. + (3) Applicability.--The use of a credit issued under + subsection (a) shall be subject to the laws (including + regulations) applicable to the payments described in that + subsection, to the extent that the laws are consistent with + this section. + (4) Treatment of credits.--Subject to appropriations, all + amounts in the form of credits issued under subsection (a) + accepted by the Secretary shall be considered to be amounts + received for the purposes of-- + (A) section 35 of the Mineral Leasing Act (30 + U.S.C. 191); and + (B) section 20 of the Geothermal Steam Act of 1970 + (30 U.S.C. 1019). + (e) Wolf Creek Storage Field Development Rights.-- + (1) Conveyance to secretary.--As a condition precedent to + the relinquishment of a Thompson Divide lease, any leaseholder + with a Wolf Creek Storage Field development right shall + permanently relinquish, transfer, and otherwise convey to the + Secretary, in a form acceptable to the Secretary, all Wolf + Creek Storage Field development rights of the leaseholder. + (2) Limitation of transfer.--An interest acquired by the + Secretary under paragraph (1)-- + (A) shall be held in perpetuity; and + (B) shall not be-- + (i) transferred; + (ii) reissued; or + (iii) otherwise used for mineral + extraction. -SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND - ACQUISITION PROJECTS. +SEC. 21305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE + PILOT PROGRAM. - Using amounts appropriated pursuant to the authorization of -appropriations in section 2606 and available for the National Guard and -Reserve as specified in the funding table in section 3002, the -Secretary of the Air Force may acquire real property and carry out -military construction projects for the Air National Guard locations -inside the United States, and in the amounts, set forth in the -following table: + (a) Fugitive Coal Mine Methane Use Pilot Program.-- + (1) Establishment.--There is established in the Bureau of + Land Management a pilot program, to be known as the ``Greater + Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''. + (2) Purpose.--The purpose of the pilot program is to + promote the capture, beneficial use, mitigation, and + sequestration of fugitive methane emissions-- + (A) to reduce methane emissions; + (B) to promote economic development; + (C) to produce bid and royalty revenues; + (D) to improve air quality; and + (E) to improve public safety. + (3) Plan.-- + (A) In general.--Not later than 180 days after the + date of enactment of this Act, the Secretary shall + develop a plan-- + (i) to complete an inventory of fugitive + methane emissions in accordance with subsection + (b); + (ii) to provide for the leasing of fugitive + methane emissions in accordance with subsection + (c); and + (iii) to provide for the capping or + destruction of fugitive methane emissions in + accordance with subsection (d). + (B) Coordination.--In developing the plan under + this paragraph, the Secretary shall coordinate with-- + (i) the State; + (ii) Garfield, Gunnison, Delta, and Pitkin + Counties in the State; + (iii) lessees of Federal coal within the + counties referred to in clause (ii); + (iv) interested institutions of higher + education in the State; and + (v) interested members of the public. + (b) Fugitive Methane Emission Inventory.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the Secretary shall complete an + inventory of fugitive methane emissions. + (2) Conduct.--The Secretary may conduct the inventory under + paragraph (1) through, or in collaboration with-- + (A) the Bureau of Land Management; + (B) the United States Geological Survey; + (C) the Environmental Protection Agency; + (D) the United States Forest Service; + (E) State departments or agencies; + (F) Garfield, Gunnison, Delta, or Pitkin County in + the State; + (G) the Garfield County Federal Mineral Lease + District; + (H) institutions of higher education in the State; + (I) lessees of Federal coal within a county + referred to in subparagraph (F); + (J) the National Oceanic and Atmospheric + Administration; + (K) the National Center for Atmospheric Research; + or + (L) other interested entities, including members of + the public. + (3) Contents.--The inventory under paragraph (1) shall + include-- + (A) the general location and geographic coordinates + of each vent, seep, or other source producing + significant fugitive methane emissions; + (B) an estimate of the volume and concentration of + fugitive methane emissions from each source of + significant fugitive methane emissions including + details of measurements taken and the basis for that + emissions estimate; + (C) an estimate of the total volume of fugitive + methane emissions each year; + (D) relevant data and other information available + from-- + (i) the Environmental Protection Agency; + (ii) the Mine Safety and Health + Administration; + (iii) Colorado Department of Natural + Resources; + (iv) Colorado Public Utility Commission; + (v) Colorado Department of Health and + Environment; and + (vi) Office of Surface Mining Reclamation + and Enforcement; and + (E) such other information as may be useful in + advancing the purposes of the pilot program. + (4) Public participation; disclosure.-- + (A) Public participation.--The Secretary shall + provide opportunities for public participation in the + inventory under this subsection. + (B) Availability.--The Secretary shall make the + inventory under this subsection publicly available. + (C) Disclosure.--Nothing in this subsection + requires the Secretary to publicly release information + that-- + (i) poses a threat to public safety; + (ii) is confidential business information; + or + (iii) is otherwise protected from public + disclosure. + (5) Use.--The Secretary shall use the inventory in carrying + out-- + (A) the leasing program under subsection (c); and + (B) the capping or destruction of fugitive methane + emissions under subsection (d). + (c) Fugitive Methane Emission Leasing Program.-- + (1) In general.--Subject to valid existing rights and in + accordance with this section, not later than 1 year after the + date of completion of the inventory required under subsection + (b), the Secretary shall carry out a program to encourage the + use and destruction of fugitive methane emissions. + (2) Fugitive methane emissions from coal mines subject to + lease.-- + (A) In general.--The Secretary shall authorize the + holder of a valid existing Federal coal lease for a + mine that is producing fugitive methane emissions to + capture for use, or destroy by flaring, the fugitive + methane emissions. + (B) Conditions.--The authority under subparagraph + (A) shall be-- + (i) subject to valid existing rights; and + (ii) subject to such terms and conditions + as the Secretary may require. + (C) Limitations.--The program carried out under + paragraph (1) shall only include fugitive methane + emissions that can be captured for use, or destroyed by + flaring, in a manner that does not-- + (i) endanger the safety of any coal mine + worker; or + (ii) unreasonably interfere with any + ongoing operation at a coal mine. + (D) Cooperation.-- + (i) In general.--The Secretary shall work + cooperatively with the holders of valid + existing Federal coal leases for mines that + produce fugitive methane emissions to + encourage-- + (I) the capture of fugitive methane + emissions for beneficial use, such as + generating electrical power, producing + usable heat, transporting the methane + to market, transforming the fugitive + methane emissions into a different + marketable material; or + (II) if the beneficial use of the + fugitive methane emissions is not + feasible, the destruction of the + fugitive methane emissions by flaring. + (ii) Guidance.--In furtherance of the + purposes of this paragraph, not later than 1 + year after the date of enactment of this Act, + the Secretary shall issue guidance for the + implementation of Federal authorities and + programs to encourage the capture for use, or + destruction by flaring, of fugitive methane + emissions while minimizing impacts on natural + resources or other public interest values. + (E) Royalties.--The Secretary shall determine + whether any fugitive methane emissions used or + destroyed pursuant to this paragraph are subject to the + payment of a royalty under applicable law. + (3) Fugitive methane emissions from abandoned coal mines.-- + (A) In general.--Except as otherwise provided in + this section, notwithstanding section 21303, subject to + valid existing rights, and in accordance with section + 21 of the Mineral Leasing Act (30 U.S.C. 241) and any + other applicable law, the Secretary shall-- + (i) authorize the capture for use, or + destruction by flaring, of fugitive methane + emissions from abandoned coal mines on Federal + land; and + (ii) make available for leasing such + fugitive methane emissions from abandoned coal + mines on Federal land as the Secretary + considers to be in the public interest. + (B) Source.--To the maximum extent practicable, the + Secretary shall offer for lease each significant vent, + seep, or other source of fugitive methane emissions + from abandoned coal mines. + (C) Bid qualifications.--A bid to lease fugitive + methane emissions under this paragraph shall specify + whether the prospective lessee intends-- + (i) to capture the fugitive methane + emissions for beneficial use, such as + generating electrical power, producing usable + heat, transporting the methane to market, + transforming the fugitive methane emissions + into a different marketable material; + (ii) to destroy the fugitive methane + emissions by flaring; or + (iii) to employ a specific combination of-- + (I) capturing the fugitive methane + emissions for beneficial use; and + (II) destroying the fugitive + methane emission by flaring. + (D) Priority.-- + (i) In general.--If there is more than one + qualified bid for a lease under this paragraph, + the Secretary shall select the bid that the + Secretary determines is likely to most + significantly advance the public interest. + (ii) Considerations.--In determining the + public interest under clause (i), the Secretary + shall take into consideration-- + (I) the size of the overall + decrease in the time-integrated + radiative forcing of the fugitive + methane emissions; + (II) the impacts to other natural + resource values, including wildlife, + water, and air; and + (III) other public interest values, + including scenic, economic, recreation, + and cultural values. + (E) Lease form.-- + (i) In general.--The Secretary shall + develop and provide to prospective bidders a + lease form for leases issued under this + paragraph. + (ii) Due diligence.--The lease form + developed under clause (i) shall include terms + and conditions requiring the leased fugitive + methane emissions to be put to beneficial use + or flared by not later than 1 year after the + date of issuance of the lease. + (F) Royalty rate.--The Secretary shall develop a + minimum bid and royalty rate for leases under this + paragraph to advance the purposes of this section, to + the maximum extent practicable. + (d) Sequestration.--If, by not later than 4 years after the date of +enactment of this Act, any significant fugitive methane emissions from +abandoned coal mines on Federal land are not leased under subsection +(c)(3), the Secretary shall, in accordance with applicable law, take +all reasonable measures-- + (1) to cap those fugitive methane emissions at the source + in any case in which the cap will result in the long-term + sequestration of all or a significant portion of the fugitive + methane emissions; or + (2) if sequestration under paragraph (1) is not feasible, + destroy the fugitive methane emissions by flaring. + (e) Report to Congress.--Not later than 4 years after the date of +enactment of this Act the Secretary shall submit to the Committee on +Natural Resources of the House of Representatives and the Committee on +Energy and Natural Resources of the Senate a report detailing-- + (1) the economic and environmental impacts of the pilot + program, including information on increased royalties and + estimates of avoided greenhouse gas emissions; and + (2) any recommendations by the Secretary on whether the + pilot program could be expanded geographically to include other + significant sources of fugitive methane emissions from coal + mines. - Air National Guard ----------------------------------------------------------------------------------------------------------------- - State Location Amount ----------------------------------------------------------------------------------------------------------------- -Alabama......................................... Montgomery Regional Airport (ANG) Base..... $11,600,000 -Guam............................................ Joint Region Marianas...................... $20,000,000 -Maryland........................................ Joint Base Andrews......................... $9,400,000 -Texas........................................... Joint Base San Antonio..................... $10,800,000 ----------------------------------------------------------------------------------------------------------------- +SEC. 21306. EFFECT. -SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND - ACQUISITION PROJECTS. + Except as expressly provided in this title, nothing in this title-- + (1) expands, diminishes, or impairs any valid existing + mineral leases, mineral interest, or other property rights + wholly or partially within the Thompson Divide Withdrawal and + Protection Area, including access to the leases, interests, + rights, or land in accordance with applicable Federal, State, + and local laws (including regulations); + (2) prevents the capture of methane from any active, + inactive, or abandoned coal mine covered by this title, in + accordance with applicable laws; or + (3) prevents access to, or the development of, any new or + existing coal mine or lease in Delta or Gunnison County in the + State. - Using amounts appropriated pursuant to the authorization of -appropriations in section 2606 and available for the National Guard and -Reserve as specified in the funding table in section 3002, the -Secretary of the Air Force may acquire real property and carry out -military construction projects for the Air Force Reserve locations -inside the United States, and in the amounts, set forth in the -following table: + TITLE IV--CURECANTI NATIONAL RECREATION AREA - Air Force Reserve ----------------------------------------------------------------------------------------------------------------- - State Location Amount ----------------------------------------------------------------------------------------------------------------- -Texas........................................... Fort Worth................................. $14,200,000 ----------------------------------------------------------------------------------------------------------------- +SEC. 21401. DEFINITIONS. -SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE. + In this title: + (1) Map.--The term ``map'' means the map entitled + ``Curecanti National Recreation Area, Proposed Boundary'', + numbered 616/100,485C, and dated August 11, 2016. + (2) National recreation area.--The term ``National + Recreation Area'' means the Curecanti National Recreation Area + established by section 21402(a). + (3) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. - Funds are hereby authorized to be appropriated for fiscal years -beginning after September 30, 2020, for the costs of acquisition, -architectural and engineering services, and construction of facilities -for the Guard and Reserve Forces, and for contributions therefor, under -chapter 1803 of title 10, United States Code (including the cost of -acquisition of land for those facilities), as specified in the funding -table in section 3002. +SEC. 21402. CURECANTI NATIONAL RECREATION AREA. - TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES + (a) Establishment.--Effective beginning on the earlier of the date +on which the Secretary approves a request under subsection +(c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment +of this Act, there shall be established as a unit of the National Park +System the Curecanti National Recreation Area, in accordance with this +division, consisting of approximately 50,667 acres of land in the +State, as generally depicted on the map as ``Curecanti National +Recreation Area Proposed Boundary''. + (b) Availability of Map.--The map shall be on file and available +for public inspection in the appropriate offices of the National Park +Service. + (c) Administration.-- + (1) In general.--The Secretary shall administer the + National Recreation Area in accordance with-- + (A) this title; and + (B) the laws (including regulations) generally + applicable to units of the National Park System, + including section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753, and 102101 of title 54, + United States Code. + (2) Dam, power plant, and reservoir management and + operations.-- + (A) In general.--Nothing in this title affects or + interferes with the authority of the Secretary-- + (i) to operate the Uncompahgre Valley + Reclamation Project under the reclamation laws; + (ii) to operate the Wayne N. Aspinall Unit + of the Colorado River Storage Project under the + Act of April 11, 1956 (commonly known as the + ``Colorado River Storage Project Act'') (43 + U.S.C. 620 et seq.); or + (iii) under the Federal Water Project + Recreation Act (16 U.S.C. 460l-12 et seq.). + (B) Reclamation land.-- + (i) Submission of request to retain + administrative jurisdiction.--If, before the + date that is 1 year after the date of enactment + of this Act, the Commissioner of Reclamation + submits to the Secretary a request for the + Commissioner of Reclamation to retain + administrative jurisdiction over the minimum + quantity of land within the land identified on + the map as ``Lands withdrawn or acquired for + Bureau of Reclamation projects'' that the + Commissioner of Reclamation identifies as + necessary for the effective operation of Bureau + of Reclamation water facilities, the Secretary + may-- + (I) approve, approve with + modifications, or disapprove the + request; and + (II) if the request is approved + under subclause (I), make any + modifications to the map that are + necessary to reflect that the + Commissioner of Reclamation retains + management authority over the minimum + quantity of land required to fulfill + the reclamation mission. + (ii) Transfer of land.-- + (I) In general.--Administrative + jurisdiction over the land identified + on the map as ``Lands withdrawn or + acquired for Bureau of Reclamation + projects'', as modified pursuant to + clause (i)(II), if applicable, shall be + transferred from the Commissioner of + Reclamation to the Director of the + National Park Service by not later than + the date that is 1 year after the date + of enactment of this Act. + (II) Access to transferred land.-- + (aa) In general.--Subject + to item (bb), the Commissioner + of Reclamation shall retain + access to the land transferred + to the Director of the National + Park Service under subclause + (I) for reclamation purposes, + including for the operation, + maintenance, and expansion or + replacement of facilities. + (bb) Memorandum of + understanding.--The terms of + the access authorized under + item (aa) shall be determined + by a memorandum of + understanding entered into + between the Commissioner of + Reclamation and the Director of + the National Park Service not + later than 1 year after the + date of enactment of this Act. + (3) Management agreements.-- + (A) In general.--The Secretary may enter into + management agreements, or modify management agreements + in existence on the date of enactment of this Act, + relating to the authority of the Director of the + National Park Service, the Commissioner of Reclamation, + the Director of the Bureau of Land Management, or the + Chief of the Forest Service to manage Federal land + within or adjacent to the boundary of the National + Recreation Area. + (B) State land.--The Secretary may enter into + cooperative management agreements for any land + administered by the State that is within or adjacent to + the National Recreation Area, in accordance with the + cooperative management authority under section 101703 + of title 54, United States Code. + (4) Recreational activities.-- + (A) Authorization.--Except as provided in + subparagraph (B), the Secretary shall allow boating, + boating-related activities, hunting, and fishing in the + National Recreation Area in accordance with applicable + Federal and State laws. + (B) Closures; designated zones.-- + (i) In general.--The Secretary, acting + through the Superintendent of the National + Recreation Area, may designate zones in which, + and establish periods during which, no boating, + hunting, or fishing shall be permitted in the + National Recreation Area under subparagraph (A) + for reasons of public safety, administration, + or compliance with applicable laws. + (ii) Consultation required.--Except in the + case of an emergency, any closure proposed by + the Secretary under clause (i) shall not take + effect until after the date on which the + Superintendent of the National Recreation Area + consults with-- + (I) the appropriate State agency + responsible for hunting and fishing + activities; and + (II) the Board of County + Commissioners in each county in which + the zone is proposed to be designated. + (5) Landowner assistance.--On the written request of an + individual that owns private land located not more than 3 miles + from the boundary of the National Recreation Area, the + Secretary may work in partnership with the individual to + enhance the long-term conservation of natural, cultural, + recreational, and scenic resources in and around the National + Recreation Area-- + (A) by acquiring all or a portion of the private + land or interests in private land located not more than + 3 miles from the boundary of the National Recreation + Area by purchase, exchange, or donation, in accordance + with section 21403; + (B) by providing technical assistance to the + individual, including cooperative assistance; + (C) through available grant programs; and + (D) by supporting conservation easement + opportunities. + (6) Withdrawal.--Subject to valid existing rights, all + Federal land within the National Recreation Area is withdrawn + from-- + (A) entry, appropriation, and disposal under the + public land laws; + (B) location, entry, and patent under the mining + laws; and + (C) operation of the mineral leasing, mineral + materials, and geothermal leasing laws. + (7) Grazing.-- + (A) State land subject to a state grazing lease.-- + (i) In general.--If State land acquired + under this title is subject to a State grazing + lease in effect on the date of acquisition, the + Secretary shall allow the grazing to continue + for the remainder of the term of the lease, + subject to the related terms and conditions of + user agreements, including permitted stocking + rates, grazing fee levels, access rights, and + ownership and use of range improvements. + (ii) Access.--A lessee of State land may + continue its use of established routes within + the National Recreation Area to access State + land for purposes of administering the lease if + the use was permitted before the date of + enactment of this Act, subject to such terms + and conditions as the Secretary may require. + (B) State and private land.--The Secretary may, in + accordance with applicable laws, authorize grazing on + land acquired from the State or private landowners + under section 21403, if grazing was established before + the date of acquisition. + (C) Private land.--On private land acquired under + section 21403 for the National Recreation Area on which + authorized grazing is occurring before the date of + enactment of this Act, the Secretary, in consultation + with the lessee, may allow the continuation and renewal + of grazing on the land based on the terms of + acquisition or by agreement between the Secretary and + the lessee, subject to applicable law (including + regulations). + (D) Federal land.--The Secretary shall-- + (i) allow, consistent with the grazing + leases, uses, and practices in effect as of the + date of enactment of this Act, the continuation + and renewal of grazing on Federal land located + within the boundary of the National Recreation + Area on which grazing is allowed before the + date of enactment of this Act, unless the + Secretary determines that grazing on the + Federal land would present unacceptable impacts + (as defined in section 1.4.7.1 of the National + Park Service document entitled ``Management + Policies 2006: The Guide to Managing the + National Park System'') to the natural, + cultural, recreational, and scenic resource + values and the character of the land within the + National Recreation Area; and + (ii) retain all authorities to manage + grazing in the National Recreation Area. + (E) Termination of leases.--Within the National + Recreation Area, the Secretary may-- + (i) accept the voluntary termination of a + lease or permit for grazing; or + (ii) in the case of a lease or permit + vacated for a period of 3 or more years, + terminate the lease or permit. + (8) Water rights.--Nothing in this title-- + (A) affects any use or allocation in existence on + the date of enactment of this Act of any water, water + right, or interest in water; + (B) affects any vested absolute or decreed + conditional water right in existence on the date of + enactment of this Act, including any water right held + by the United States; + (C) affects any interstate water compact in + existence on the date of enactment of this Act; + (D) authorizes or imposes any new reserved Federal + water right; + (E) shall be considered to be a relinquishment or + reduction of any water right reserved or appropriated + by the United States in the State on or before the date + of enactment of this Act; or + (F) constitutes an express or implied Federal + reservation of any water or water rights with respect + to the National Recreation area. + (9) Fishing easements.-- + (A) In general.--Nothing in this title diminishes + or alters the fish and wildlife program for the + Aspinall Unit developed under section 8 of the Act of + April 11, 1956 (commonly known as the ``Colorado River + Storage Project Act'') (70 Stat. 110, chapter 203; 43 + U.S.C. 620g), by the United States Fish and Wildlife + Service, the Bureau of Reclamation, and the Colorado + Division of Wildlife (including any successor in + interest to that division) that provides for the + acquisition of public access fishing easements as + mitigation for the Aspinall Unit (referred to in this + paragraph as the ``program''). + (B) Acquisition of fishing easements.--The + Secretary shall continue to fulfill the obligation of + the Secretary under the program to acquire 26 miles of + class 1 public fishing easements to provide to + sportsmen access for fishing within the Upper Gunnison + Basin upstream of the Aspinall Unit, subject to the + condition that no existing fishing access downstream of + the Aspinall Unit shall be counted toward the minimum + mileage requirement under the program. + (C) Plan.--Not later than 1 year after the date of + enactment of this Act, the Secretary shall-- + (i) develop a plan for fulfilling the + obligation of the Secretary described in + subparagraph (B); and + (ii) submit to Congress a report that-- + (I) includes the plan developed + under clause (i); and + (II) describes any progress made in + the acquisition of public access + fishing easements as mitigation for the + Aspinall Unit under the program. -SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND - CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE - BASE CLOSURE ACCOUNT. +SEC. 21403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT. - Funds are hereby authorized to be appropriated for fiscal years -beginning after September 30, 2020, for base realignment and closure -activities, including real property acquisition and military -construction projects, as authorized by the Defense Base Closure and -Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 -U.S.C. 2687 note) and funded through the Department of Defense Base -Closure Account established by section 2906 of such Act (as amended by -section 2711 of the Military Construction Authorization Act for Fiscal -Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as -specified in the funding table in section 3002. + (a) Acquisition.-- + (1) In general.--The Secretary may acquire any land or + interest in land within the boundary of the National Recreation + Area. + (2) Manner of acquisition.-- + (A) In general.--Subject to subparagraph (B), land + described in paragraph (1) may be acquired under this + subsection by-- + (i) donation; + (ii) purchase from willing sellers with + donated or appropriated funds; + (iii) transfer from another Federal agency; + or + (iv) exchange. + (B) State land.--Land or interests in land owned by + the State or a political subdivision of the State may + only be acquired by purchase, donation, or exchange. + (b) Transfer of Administrative Jurisdiction.-- + (1) Forest service land.-- + (A) In general.--Administrative jurisdiction over + the approximately 2,560 acres of land identified on the + map as ``U.S. Forest Service proposed transfer to the + National Park Service'' is transferred to the + Secretary, to be administered by the Director of the + National Park Service as part of the National + Recreation Area. + (B) Boundary adjustment.--The boundary of the + Gunnison National Forest shall be adjusted to exclude + the land transferred to the Secretary under + subparagraph (A). + (2) Bureau of land management land.--Administrative + jurisdiction over the approximately 5,040 acres of land + identified on the map as ``Bureau of Land Management proposed + transfer to National Park Service'' is transferred from the + Director of the Bureau of Land Management to the Director of + the National Park Service, to be administered as part of the + National Recreation Area. + (3) Withdrawal.--Administrative jurisdiction over the land + identified on the map as ``Proposed for transfer to the Bureau + of Land Management, subject to the revocation of Bureau of + Reclamation withdrawal'' shall be transferred to the Director + of the Bureau of Land Management on relinquishment of the land + by the Bureau of Reclamation and revocation by the Bureau of + Land Management of any withdrawal as may be necessary. + (c) Potential Land Exchange.-- + (1) In general.--The withdrawal for reclamation purposes of + the land identified on the map as ``Potential exchange lands'' + shall be relinquished by the Commissioner of Reclamation and + revoked by the Director of the Bureau of Land Management and + the land shall be transferred to the National Park Service. + (2) Exchange; inclusion in national recreation area.--On + transfer of the land described in paragraph (1), the + transferred land-- + (A) may be exchanged by the Secretary for private + land described in section 21402(c)(5)-- + (i) subject to a conservation easement + remaining on the transferred land, to protect + the scenic resources of the transferred land; + and + (ii) in accordance with the laws (including + regulations) and policies governing National + Park Service land exchanges; and + (B) if not exchanged under subparagraph (A), shall + be added to, and managed as a part of, the National + Recreation Area. + (d) Addition to National Recreation Area.--Any land within the +boundary of the National Recreation Area that is acquired by the United +States shall be added to, and managed as a part of, the National +Recreation Area. - TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION +SEC. 21404. GENERAL MANAGEMENT PLAN. -SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + Not later than 3 years after the date on which funds are made +available to carry out this title, the Director of the National Park +Service, in consultation with the Commissioner of Reclamation, shall +prepare a general management plan for the National Recreation Area in +accordance with section 100502 of title 54, United States Code. - The Secretary of the Navy may acquire real property and carry out -the military construction projects for the installations outside the -United States, and in the amounts, set forth in the following table: +SEC. 21405. BOUNDARY SURVEY. - Navy: Outside the United States ----------------------------------------------------------------------------------------------------------------- - Country Installation Amount ----------------------------------------------------------------------------------------------------------------- -Spain........................................... Rota....................................... $59,230,000 ----------------------------------------------------------------------------------------------------------------- + The Secretary (acting through the Director of the National Park +Service) shall prepare a boundary survey and legal description of the +National Recreation Area. -SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION - PROJECTS. + Passed the House of Representatives July 21, 2020. - The Secretary of the Air Force may acquire real property and carry -out the military construction projects for the installations outside -the United States, and in the amounts, set forth in the following -table: + Attest: - Air Force: Outside the United States ----------------------------------------------------------------------------------------------------------------- - Country Installation Amount ----------------------------------------------------------------------------------------------------------------- -Germany......................................... Ramstein................................... $36,345,000 - Spangdahlem Air Base....................... $25,824,000 -Romania......................................... Campia Turzii.............................. $130,500,000 ----------------------------------------------------------------------------------------------------------------- + Clerk. +116th CONGRESS -SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. + 2d Session - Funds are hereby authorized to be appropriated for fiscal years -beginning after September 30, 2020, for the military construction -projects outside the United States authorized by this title as -specified in the funding table in section 3003. - \ No newline at end of file + H. R. 6395 + +_______________________________________________________________________ + + AN ACT + + To authorize appropriations for fiscal year 2021 for military +activities of the Department of Defense, for military construction, and + for defense activities of the Department of Energy, to prescribe + military personnel strengths for such fiscal year, and for other + purposes. From 727b7c83b3f035bcbce719dbeea94557ff7d9c04 Mon Sep 17 00:00:00 2001 From: "Rep. Smith, Adam [D-WA-9]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 586/984] House-6395: Enrolled --- bills_text/House-6395.txt | 146604 +++++++++++++++++------------------ 1 file changed, 73251 insertions(+), 73353 deletions(-) diff --git a/bills_text/House-6395.txt b/bills_text/House-6395.txt index d36e598..8df83e0 100644 --- a/bills_text/House-6395.txt +++ b/bills_text/House-6395.txt @@ -1,3559 +1,4623 @@ -116th CONGRESS - 2d Session - H. R. 6395 + H.R.6395 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To authorize appropriations for fiscal year 2021 for military -activities of the Department of Defense, for military construction, and - for defense activities of the Department of Energy, to prescribe - military personnel strengths for such fiscal year, and for other - purposes. +To authorize appropriations for fiscal year 2021 for military activities +of the Department of Defense, for military construction, and for defense +activities of the Department of Energy, to prescribe military personnel + strengths for such fiscal year, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - - (a) Short Title.--This Act may be cited as the ``William M. (Mac) -Thornberry National Defense Authorization Act for Fiscal Year 2021''. - (b) References.--Any reference in this or any other Act to the -``National Defense Authorization Act for Fiscal Year 2021'' shall be -deemed to refer to the ``William M. (Mac) Thornberry National Defense -Authorization Act for Fiscal Year 2021''. - + This Act may be cited as the ``William M. (Mac) Thornberry National +Defense Authorization Act for Fiscal Year 2021''. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. - - (a) Divisions.--This Act is organized into 16 divisions as follows: - (1) Division A--Department of Defense Authorizations. - (2) Division B--Military Construction Authorizations. - (3) Division C--Department of Energy National Security - Authorizations and Other Authorizations. - (4) Division D--Funding Tables. - (5) Division E--National Artificial Intelligence Initiative - Act of 2020. - (6) Division F--Corporate Transparency Act of 2019. - (7) Division G--COUNTER Act of 2019. - (8) Division H--Elijah E. Cummings Coast Guard - Authorization Act of 2020. - (9) Division I--Department of State Authorities and - Activities. - (10) Division J--Combating Russian Money Laundering. - (11) Division K--Kleptocracy Asset Recovery Rewards Act. - (12) Division L--Stopping Trafficking, Illicit Flows, - Laundering, and Exploitation. - (13) Division M--Improving Corporate Governance Through - Diversity. - (14) Division N--Banking Transparency for Sanctioned - Persons Act of 2019. - (15) Division O--Public Lands. - (16) Division P--Colorado Outdoor Recreation and Economy - Act. + (a) Divisions.--This Act is organized into eight divisions as +follows: + (1) Division A--Department of Defense Authorizations. + (2) Division B--Military Construction Authorizations. + (3) Division C--Department of Energy National Security + Authorizations and Other Authorizations. + (4) Division D--Funding Tables. + (5) Division E--National Artificial Intelligence Initiative Act + of 2020 + (6) Division F--Anti-Money Laundering + (7) Division G--Elijah E. Cummings Coast Guard Authorization + Act of 2020 + (8) Division H--Other Matters (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. +Sec. 4. Budgetary effects of this Act. + DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT - Subtitle A--Authorization Of Appropriations + Subtitle A--Authorization of Appropriations Sec. 101. Authorization of appropriations. - Subtitle B--Navy Programs - -Sec. 111. Independent cost estimate of FFG(X) frigate program. -Sec. 112. Liquified natural gas pilot program. - Subtitle C--Air Force Programs - -Sec. 121. Modification of force structure objectives for B-1 bomber - aircraft. -Sec. 122. Extension of limitation on availability of funds for - retirement of RC-135 aircraft. -Sec. 123. Modification of limitation on availability of funds for - retirement of E-8 JSTARS aircraft. -Sec. 124. Limitation on availability of funds for the Advanced Battle - Management System pending certification - relating to RQ-4 aircraft. -Sec. 125. Inventory requirements for certain air refueling tanker - aircraft. -Sec. 126. Limitation on production of KC-46A aircraft. -Sec. 127. Assessment and certification relating to OC-135 aircraft. -Sec. 128. Modernization plan for airborne intelligence, surveillance, - and reconnaissance. -Sec. 129. Minimum bomber aircraft force level. -Sec. 130. Provisions relating to RC-26B manned intelligence, - surveillance, and reconnaissance aircraft. -Sec. 130A. Briefing on payload hosting on modular supersonic aircraft. - Subtitle D--Defense-wide, Joint, and Multiservice Matters - -Sec. 131. Documentation relating to the F-35 aircraft program. -Sec. 132. Notification on software regression testing for F-35 - aircraft. -Sec. 133. Notification on efforts to replace inoperable ejection seat - aircraft locator beacons. -Sec. 134. Limitation on use of funds for the Armed Overwatch Program. -Sec. 135. Investment and sustainment plan for procurement of cannon - tubes. - TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION - Subtitle A--Authorization of Appropriations + Subtitle B--Army Programs + +Sec. 111. Modifications to requirement for an interim cruise missile + defense capability. +Sec. 112. Report and limitations on acquisition of Integrated Visual + Augmentation System. +Sec. 113. Assessment of investment and sustainment for procurement of + cannon tubes. + + Subtitle C--Navy Programs + +Sec. 121. Limitation on alteration of the Navy fleet mix. +Sec. 122. Limitations on Navy medium and large unmanned surface vessels. +Sec. 123. Fighter force structure acquisition strategy. +Sec. 124. Procurement authorities for certain amphibious shipbuilding + programs. +Sec. 125. Land-based test program for the FFG(X) Frigate program. +Sec. 126. Treatment in future budgets of the President of systems added + by Congress. +Sec. 127. Extension of prohibition on availability of funds for Navy + waterborne security barriers. +Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to + ensure full spectrum electromagnetic superiority. + + Subtitle D--Air Force Programs + +Sec. 131. Minimum operational squadron level. +Sec. 132. Modification of force structure objectives for bomber + aircraft. +Sec. 133. Minimum bomber aircraft force level. +Sec. 134. Required minimum inventory of tactical airlift aircraft. +Sec. 135. Inventory requirements for air refueling tanker aircraft. +Sec. 136. Authority to use F-35A fighter aircraft AT-1 through AT-6. +Sec. 137. F-35 aircraft gun system ammunition. +Sec. 138. Extension of limitation on availability of funds for + retirement of RC-135 aircraft. +Sec. 139. Modification to limitation on retirement of U-2 and RQ-4 + aircraft. +Sec. 140. Modification of limitation on availability of funds for + retirement of E-8 JSTARS aircraft. +Sec. 141. Limitation on divestment of F-15C aircraft within the European + theater. +Sec. 142. Modernization plan for airborne intelligence, surveillance, + and reconnaissance. +Sec. 143. RC-26B manned intelligence, surveillance, and reconnaissance + aircraft. +Sec. 144. Prohibition on funding for Close Air Support Integration + Group. +Sec. 145. Required solution for KC-46 aircraft remote visual system + limitations. +Sec. 146. Analysis of moving target indicator requirements and Advanced + Battle Management System capabilities. +Sec. 147. Study on measures to assess cost-per-effect for key mission + areas. + + Subtitle E--Defense-wide, Joint, and Multiservice Matters + +Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy, + and Air Force. +Sec. 152. Transfer of responsibilities and functions relating to + electromagnetic spectrum operations. +Sec. 153. Cryptographic modernization schedules. +Sec. 154. Department of Defense participation in the Special Federal + Aviation Regulation Working Group. +Sec. 155. Integrated air and missile defense assessment. +Sec. 156. Joint strategy for air base defense against missile threats. +Sec. 157. Joint All Domain Command and Control requirements. +Sec. 158. Expansion of economic order quantity contracting authority for + F-35 aircraft program. +Sec. 159. Documentation relating to the F-35 aircraft program. +Sec. 160. F-35 aircraft munitions. +Sec. 161. Redesign strategy for the Autonomic Logistics Information + System for the F-35 fighter aircraft. +Sec. 162. Briefings on software regression testing for F-35 aircraft. +Sec. 163. Prohibition on use of funds for the Armed Overwatch Program. +Sec. 164. Acceleration of development and fielding of counter unmanned + aircraft systems across the joint force. +Sec. 165. Airborne intelligence, surveillance, and reconnaissance + acquisition roadmap for the United States Special Operations + Command. +Sec. 166. Prohibition on divestiture of manned intelligence, + surveillance, and reconnaissance aircraft operated by United + States Special Operations Command. +Sec. 167. Notification on efforts to replace inoperable ejection seat + aircraft locator beacons. + + TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + + Subtitle A--Authorization of Appropriations Sec. 201. Authorization of appropriations. - Subtitle B--Program Requirements, Restrictions, and Limitations -Sec. 211. Modification of Science, Mathematics, and Research for - Transformation (SMART) Defense Education - Program. -Sec. 212. Enhanced participation of Department of Defense contractors - in science, technology, engineering, and - mathematics activities. -Sec. 213. Modification of requirements relating to certain cooperative - research and development agreements. -Sec. 214. Pilot program on talent optimization. -Sec. 215. Codification of the National Security Innovation Network. -Sec. 216. Modification of pilot program on enhanced civics education. -Sec. 217. Modification of joint artificial intelligence research, - development, and transition activities. -Sec. 218. Modification of national security innovation activities and - manufacturing pilot program. -Sec. 219. Extension of pilot program for the enhancement of the - research, development, test, and evaluation - centers of the Department of Defense. -Sec. 220. Digital data management and analytics capability. -Sec. 221. Social science, management science, and information science - research activities. -Sec. 222. Measuring and incentivizing programming proficiency. -Sec. 223. Information technology modernization and security efforts. -Sec. 224. Board of Directors for the Joint Artificial Intelligence - Center. -Sec. 225. Directed Energy Working Group. -Sec. 226. Program Executive Officer for Autonomy. -Sec. 227. Accountability measures relating to the Advanced Battle - Management System. -Sec. 228. Measures to address foreign talent programs. -Sec. 229. Disclosure of foreign funding sources in applications for - Federal research awards. -Sec. 230. Limitations relating to large unmanned surface vessels and - associated offensive weapon systems. -Sec. 231. Limitation on availability of funds pending review and report - on next generation air dominance - capabilities. -Sec. 232. Modification of mechanisms for expedited access to technical - talent and expertise at academic - institutions. -Sec. 233. Designation of Academic Liaison to protect against emerging - threats. - Subtitle C--Emerging Technology and Artificial Intelligence Matters - -Sec. 241. Steering committee on emerging technology. -Sec. 242. Training for human resources personnel in artificial - intelligence and related topics. -Sec. 243. Unclassified workspaces for personnel with pending security - clearances. -Sec. 244. Pilot program on the use of electronic portfolios to evaluate - applicants for certain technical positions. -Sec. 245. Self-directed training in artificial intelligence. -Sec. 246. Part-time and term employment of university professors and - students in the Defense science and - technology enterprise. -Sec. 247. Microelectronics and national security. -Sec. 248. Acquisition of ethically and responsibly developed artificial - intelligence technology. -Sec. 249. Enhancement of public-private talent exchange programs in the - Department of Defense. -Sec. 250. Reporting on contribution of development of artificial - intelligence standards. - Subtitle D--Sustainable Chemistry Research and Development - -Sec. 251. Short title. -Sec. 252. Findings. -Sec. 253. National coordinating entity for sustainable chemistry. -Sec. 254. Strategic plan for sustainable chemistry. -Sec. 255. Agency activities in support of sustainable chemistry. -Sec. 256. Partnerships in sustainable chemistry. -Sec. 257. Prioritization. -Sec. 258. Rule of construction. -Sec. 259. Major multi-user research facility project. - Subtitle E--Plans, Reports, and Other Matters - -Sec. 261. Modification to annual report of the Director of Operational - Test and Evaluation. -Sec. 262. Repeal of quarterly updates on the Optionally Manned Fighting - Vehicle program. -Sec. 263. Independent evaluation of personal protective and diagnostic - testing equipment. -Sec. 264. Reports on F-35 physiological episodes and mitigation - efforts. -Sec. 265. Study on mechanisms for attracting and retaining high quality - talent in the national security innovation - base. -Sec. 266. Funding for force protection applied research. -Sec. 267. Funding for hypersonics prototyping. -Sec. 268. Funding for unidirectional body armor. -Sec. 269. Assessments of intelligence, defense, and military - implications of deepfake videos and related - technologies. -Sec. 270. Funding for Air Force university research initiatives. -Sec. 271. Modification of authority to carry out certain fiscal year - 2020 projects. -Sec. 272. Sense of Congress on the role of the National Science - Foundation. -Sec. 273. Funding for Navy university research initiatives. -Sec. 274. Funding for Army university research initiatives. -Sec. 275. Report on certain awards by the Air Force under the Small - Business Innovation Research Program and - the Small Business Technology Transfer - Program. -Sec. 276. Funding for Backpackable Communications Intelligence System. -Sec. 277. Funding for Army university and industry research centers. -Sec. 278. Sense of Congress on the additive manufacturing and machine - learning initiative of the Army. -Sec. 279. Traineeships for American leaders to excel in national - technology and science. -Sec. 280. Briefing and report on use of distributed ledger technology - for defense purposes. -Sec. 281. Admission of essential scientists and technical experts to - promote and protect the National Security - Innovation Base. + Subtitle B--Program Requirements, Restrictions, and Limitations + +Sec. 211. Modification of requirements relating to certain cooperative + research and development agreements. +Sec. 212. Disclosure requirements for recipients of Department of + Defense research and development funds. +Sec. 213. Modification of national security innovation activities and + pilot program on strengthening the defense industrial and + innovation base. +Sec. 214. Updates to Defense Quantum Information Science and Technology + Research and Development program. +Sec. 215. Establishment of Directed Energy Working Group. +Sec. 216. Extension of pilot program for the enhancement of the + research, development, test, and evaluation centers of the + Department of Defense. +Sec. 217. Designation of senior officials for critical technology areas + supportive of the National Defense Strategy. +Sec. 218. Executive agent for Autonomy. +Sec. 219. National security innovation partnerships. +Sec. 220. Social science, management science, and information science + research activities. +Sec. 221. Accountability measures relating to the Advanced Battle + Management System. +Sec. 222. Activities to improve fielding of Air Force hypersonic + capabilities. +Sec. 223. Disclosure of funding sources in applications for Federal + research and development awards. +Sec. 224. Governance of fifth-generation wireless networking in the + Department of Defense. +Sec. 225. Demonstration project on use of certain technologies for + fifth-generation wireless networking services. +Sec. 226. Research, development, and deployment of technologies to + support water sustainment. +Sec. 227. Limitation on contract awards for certain unmanned vessels. + + Subtitle C--Artificial Intelligence and Emerging Technology + +Sec. 231. Modification of biannual report on the Joint Artificial + Intelligence Center. +Sec. 232. Modification of joint artificial intelligence research, + development, and transition activities. +Sec. 233. Board of advisors for the Joint Artificial Intelligence + Center. +Sec. 234. Application of artificial intelligence to the defense reform + pillar of the National Defense Strategy. +Sec. 235. Acquisition of ethically and responsibly developed artificial + intelligence technology. +Sec. 236. Steering committee on emerging technology. + + Subtitle D--Education and Workforce Development + +Sec. 241. Measuring and incentivizing programming proficiency. +Sec. 242. Modification of Science, Mathematics, and Research for + Transformation (SMART) Defense Education Program. +Sec. 243. Improvements to Technology and National Security Fellowship of + Department of Defense. +Sec. 244. Modification of mechanisms for expedited access to technical + talent and expertise at academic institutions. +Sec. 245. Encouragement of contractor science, technology, engineering, + and mathematics (STEM) programs. +Sec. 246. Training program for human resources personnel in best + practices for technical workforce. +Sec. 247. Pilot program on the use of electronic portfolios to evaluate + certain applicants for technical positions. +Sec. 248. Pilot program on self-directed training in advanced + technologies. +Sec. 249. Part-time and term employment of university faculty and + students in the Defense science and technology enterprise. +Sec. 250. National security workforce and educational diversity + activities. +Sec. 251. Coordination of scholarship and employment programs of the + Department of Defense. +Sec. 252. Study on mechanisms for attracting and retaining high quality + talent in the Department of Defense. + + Subtitle E--Sustainable Chemistry + +Sec. 261. National coordinating entity for sustainable chemistry. +Sec. 262. Strategic plan for sustainable chemistry. +Sec. 263. Agency activities in support of sustainable chemistry. +Sec. 264. Partnerships in sustainable chemistry. +Sec. 265. Prioritization. +Sec. 266. Rule of construction. +Sec. 267. Major multi-user research facility project. + + Subtitle F--Plans, Reports, and Other Matters + +Sec. 271. Modification to annual report of the Director of Operational + Test and Evaluation. +Sec. 272. Modification to Test Resource Management Center strategic plan + reporting cycle and contents. +Sec. 273. Modification of requirements relating to energetics plan to + include assessment of feasibility and advisability of + establishing a program office for energetics. +Sec. 274. Element in annual reports on cyber science and technology + activities on work with academic consortia on high priority + cybersecurity research activities in Department of Defense + capabilities. +Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting + Vehicle program. +Sec. 276. Microelectronics and national security. +Sec. 277. Independent evaluation of personal protective and diagnostic + testing equipment. +Sec. 278. Assessment on United States national security emerging + biotechnology efforts and capabilities and comparison with + adversaries. +Sec. 279. Annual reports regarding the SBIR program of the Department of + Defense. +Sec. 280. Reports on F-35 physiological episodes and mitigation efforts. +Sec. 281. Review and report on next generation air dominance + capabilities. +Sec. 282. Plan for operational test and utility evaluation of systems + for Low-Cost Attributable Aircraft Technology program. +Sec. 283. Independent comparative analysis of efforts by China and the + United States to recruit and retain researchers in national + security-related and defense-related fields. + TITLE III--OPERATION AND MAINTENANCE - Subtitle A--Authorization of Appropriations + Subtitle A--Authorization of Appropriations Sec. 301. Authorization of appropriations. -Sec. 302. Funding for Army Community Services. -Sec. 303. Increase in funding for Air Force reserve contractor systems - support. + Subtitle B--Energy and Environment -Sec. 311. Military Aviation and Installation Assurance Clearinghouse - for review of mission obstructions. -Sec. 312. Military Aviation and Installation Assurance Clearinghouse - for review of mission obstructions. -Sec. 313. Agreements to limit encroachments and other constraints on - military training, testing, and operations. -Sec. 314. Modification of Department of Defense environmental - restoration authorities to include Federal - Government facilities used by National - Guard. -Sec. 315. Increased transparency through reporting on usage and spills - of aqueous film-forming foam at military - installations. -Sec. 316. Replacement of non-tactical motor vehicles at the end of - service life with electric or hybrid motor - vehicles. -Sec. 317. Budgeting of Department of Defense relating to operational - energy improvement. -Sec. 318. Assessment of Department of Defense operational energy usage. -Sec. 319. Improvement of the operational energy capability improvement - fund of the Department of Defense. -Sec. 320. Five-year reviews of containment technologies relating to Red - Hill Bulk Fuel Storage Facility. -Sec. 321. Limitation on use of funds for acquisition of furnished - energy for Rhine Ordnance Barracks Army - Medical Center. -Sec. 322. Requirement to update Department of Defense climate change - roadmap. -Sec. 323. Comptroller General report on Department of Defense - installation energy. -Sec. 324. Department of Defense report on emissions levels. -Sec. 325. Objectives, performance standards, and criteria for use of - wildlife conservation banking programs. -Sec. 326. Offshore wind energy development, Morro Bay, California. -Sec. 327. Long-duration demonstration initiative and joint program. -Sec. 328. Prizes for development of non-PFAS-containing fire-fighting - agent. -Sec. 329. Survey of technologies for Department of Defense application - in phasing out the use of fluorinated - aqueous film-forming foam. -Sec. 330. Interagency body on research related to per- and - polyfluoroalkyl substances. -Sec. 331. Restriction on procurement by defense logistics agency of - certain items containing perfluoroalkyl - substances and polyfluoroalkyl substances. -Sec. 332. Standards for removal or remedial actions with respect to - PFOS or PFOA contamination. -Sec. 333. Research and development of alternative to aqueous film- - forming foam. -Sec. 334. Notification to agricultural operations located in areas - exposed to Department of Defense PFAS use. -Sec. 335. Public disclosure of results of Department of Defense testing - for perfluoroalkyl or polyfluoroalkyl - substances. -Sec. 336. Biological threats report. -Sec. 337. Report on energy savings performance contracts. -Sec. 338. Sense of Congress regarding an integrated master plan towards - achieving net zero. -Sec. 339. Increase in funding for Centers for Disease Control Study on - health implications health implications of - per- and polyfluoroalkyl substances - contamination in drinking water. -Sec. 340. Moratorium on incineration by Department of Defense of - perfluoroalkyl substances, polyfluoroalkyl - substances, and aqueous film forming foam. -Sec. 341. Guaranteeing Equipment Safety for Firefighters Act of 2020. -Sec. 342. Assessment of Department of Defense excess property programs - with respect to need and wildfire risk. - Subtitle C--Logistics and Sustainment +Sec. 311. Military Aviation and Installation Assurance Clearinghouse for + review of mission obstructions. +Sec. 312. Readiness and Environmental Protection Integration Program. +Sec. 313. Extension of real-time sound monitoring at Navy installations + where tactical fighter aircraft operate. +Sec. 314. Modification of authority for environmental restoration + projects of National Guard. +Sec. 315. Modification of authority to carry out military installation + resilience projects. +Sec. 316. Energy resilience and energy security measures on military + installations. +Sec. 317. Modification to availability of energy cost savings for + Department of Defense. +Sec. 318. Increased transparency through reporting on usage and spills + of aqueous film-forming foam at military installations. +Sec. 319. Native American lands environmental mitigation program. +Sec. 320. Study on alternatives to address impacts of transboundary + flows, spills, or discharges of pollution or debris from the + Tijuana River on personnel, activities, and installations of + Department of Defense. +Sec. 321. Pilot program on alternative fuel vehicle purchasing. +Sec. 322. Budgeting of Department of Defense relating to operational + energy improvement. +Sec. 323. Assessment of Department of Defense operational energy usage. +Sec. 324. Improvement of the Operational Energy Capability Improvement + Fund of the Department of Defense. +Sec. 325. Five-year reviews of containment technologies relating to Red + Hill Bulk Fuel Storage Facility. +Sec. 326. Limitation on use of funds for acquisition of furnished energy + for Rhine Ordnance Barracks Army Medical Center. +Sec. 327. Requirement to update Department of Defense adaptation + roadmap. +Sec. 328. Department of Defense report on greenhouse gas emissions + levels. +Sec. 329. Objectives, performance standards, and criteria for use of + wildlife conservation banking programs. +Sec. 330. Prizes for development of non-PFAS-containing fire-fighting + agent. +Sec. 331. Survey of technologies for Department of Defense application + in phasing out the use of fluorinated aqueous film-forming + foam. +Sec. 332. Interagency body on research related to per- and + polyfluoroalkyl substances. +Sec. 333. Restriction on Department of Defense procurement of certain + items containing perfluorooctane sulfonate or + perfluorooctanoic acid. +Sec. 334. Research and development of alternative to aqueous film- + forming foam. +Sec. 335. Notification to agricultural operations located in areas + exposed to Department of Defense PFAS use. +Sec. 336. Reporting on energy savings performance contracts. +Sec. 337. Increase in funding for Centers for Disease Control Study on + health implications of per- and polyfluoroalkyl substances + contamination in drinking water. +Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020. +Sec. 339. Assessment of Department of Defense excess property programs + with respect to need and wildfire risk. + + Subtitle C--Logistics and Sustainment + +Sec. 341. National Defense Sustainment and Logistics Review. +Sec. 342. Repeal of sunset for minimum annual purchase amount for + carriers participating in the Civil Reserve Air Fleet. +Sec. 343. Additional elements for inclusion in Navy ship depot + maintenance budget report. +Sec. 344. Clarification of limitation on length of overseas forward + deployment of currently deployed naval vessels. +Sec. 345. Independent advisory panel on weapon system sustainment. +Sec. 346. Biannual briefings on status of Shipyard Infrastructure + Optimization Plan. +Sec. 347. Materiel readiness metrics and objectives for major weapon + systems. +Sec. 348. Repeal of statutory requirement for notification to Director + of Defense Logistics Agency three years prior to implementing + changes to any uniform or uniform component. -Sec. 351. National Defense Sustainment and Logistics Review. -Sec. 352. Extension of sunset relating to charter air transportation - services. -Sec. 353. Additional elements for inclusion in Navy ship depot - maintenance budget report. -Sec. 354. Modification to limitation on length of overseas forward - deployment of naval vessels. -Sec. 355. Independent advisory panel on weapon system sustainment. -Sec. 356. Biannual briefings on status of Shipyard Infrastructure - Optimization Plan. -Sec. 357. Materiel readiness metrics and objectives for major weapon - systems. Subtitle D--Munitions Safety and Oversight -Sec. 361. Chair of Department of Defense explosive safety board. -Sec. 362. Explosive Ordnance Disposal Defense Program. -Sec. 363. Assessment of resilience of Department of Defense munitions - enterprise. -Sec. 364. Report on safety waivers and mishaps in Department of Defense - munitions enterprise. - Subtitle E--Other Matters - -Sec. 371. Pilot program for temporary issuance of maternity-related - uniform items. -Sec. 372. Servicewomen's Commemorative Partnerships. -Sec. 373. Biodefense analysis and budget submission. -Sec. 374. Clarification of National Biodefense Strategy. -Sec. 375. Report on biodefense. -Sec. 376. Facilitating agreements with other Federal agencies to limit - encroachments. - TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS - - Subtitle A--Active Forces +Sec. 351. Chair of Department of Defense explosive safety board. +Sec. 352. Explosive Ordnance Disposal Defense Program. +Sec. 353. Assessment of resilience of Department of Defense munitions + enterprise. +Sec. 354. Report on safety waivers and mishaps in Department of Defense + munitions enterprise. + + Subtitle E--Other Matters + +Sec. 361. Pilot program for temporary issuance of maternity-related + uniform items. +Sec. 362. Servicewomen's Commemorative Partnerships. +Sec. 363. Biodefense analysis and budget submission. +Sec. 364. Update of National Biodefense Implementation Plan. +Sec. 365. Plans and reports on emergency response training for military + installations. +Sec. 366. Inapplicability of congressional notification and dollar + limitation requirements for advance billings for certain + background investigations. +Sec. 367. Adjustment in availability of appropriations for unusual cost + overruns and for changes in scope of work. +Sec. 368. Requirement that Secretary of Defense implement security and + emergency response recommendations relating to active shooter + or terrorist attacks on installations of Department of + Defense. +Sec. 369. Clarification of food ingredient requirements for food or + beverages provided by the Department of Defense. +Sec. 370. Commission on the naming of items of the Department of Defense + that commemorate the Confederate States of America or any + person who served voluntarily with the Confederate States of + America. + + TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS + + Subtitle A--Active Forces Sec. 401. End strengths for active forces. -Sec. 402. Revisions in permanent active duty end strength minimum - levels. +Sec. 402. Revisions to permanent active duty end strength minimum + levels. Sec. 403. Modification of the authorized number and accounting method - for senior enlisted personnel. + for senior enlisted personnel. + Subtitle B--Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the - Reserves. + Reserves. Sec. 413. End strengths for military technicians (dual status). -Sec. 414. Maximum number of reserve personnel authorized to be on - active duty for operational support. - Subtitle C--Authorization of Appropriations +Sec. 414. Maximum number of reserve personnel authorized to be on active + duty for operational support. +Sec. 415. Separate authorization by Congress of minimum end strengths + for non-temporary military technicians (dual status) and end + strengths for temporary military technicians (dual status). + + Subtitle C--Authorization of Appropriations Sec. 421. Military personnel. + TITLE V--MILITARY PERSONNEL POLICY Subtitle A--Officer Personnel Policy -Sec. 501. Authorized strength: exclusion of certain general and flag - officers of the reserve components on - active duty. -Sec. 502. Diversity in selection boards. -Sec. 503. Redaction of personally identifiable information from records - furnished to a promotion board. -Sec. 504. Temporary expansion of availability of enhanced constructive - service credit in a particular career field - upon original appointment as a commissioned - officer. -Sec. 505. Permanent programs on direct commissions to cyber positions. - Subtitle B--Reserve Component Management +Sec. 501. Authorized strengths of general and flag officers on active + duty. +Sec. 502. Temporary expansion of availability of enhanced constructive + service credit in a particular career field upon original + appointment as a commissioned officer. +Sec. 503. Diversity in selection boards. +Sec. 504. Requirement for promotion selection board recommendation of + higher placement on promotion list of officers of particular + merit. +Sec. 505. Special selection review boards for review of promotion of + officers subject to adverse information identified after + recommendation for promotion and related matters. +Sec. 506. Number of opportunities for consideration for promotion under + alternative promotion authority. +Sec. 507. Mandatory retirement for age. +Sec. 508. Clarifying and improving restatement of rules on the retired + grade of commissioned officers. +Sec. 509. Repeal of authority for original appointment of regular Navy + officers designated for engineering duty, aeronautical + engineering duty, and special duty. +Sec. 509A. Permanent programs on direct commissions to cyber positions. +Sec. 509B. Review of Seaman to Admiral-21 program. -Sec. 511. Grants to support STEM education in the Junior Reserve - Officers' Training Corps. -Sec. 512. Modification of education loan repayment program for members - of Selected Reserve. -Sec. 513. Requirement of consent of the chief executive officer for - certain full-time National Guard duty - performed in a State, Territory, or the - District of Columbia. -Sec. 514. Constructive credit for certain members of the reserve - components who cannot complete minimum - annual training requirements as a result of - the COVID-19 pandemic. -Sec. 515. Guidance for use of unmanned aircraft systems by the National - Guard. -Sec. 516. Direct employment pilot program for certain members of the - reserve components. -Sec. 517. Temporary limitation on authority to transfer, relocate, or - dissolve elements of the reserve components - of the Air Force. -Sec. 518. Pilot programs in connection with SROTC units and CSPI - programs at Historically Black Colleges and - Universities and minority institutions. -Sec. 519. Report regarding full-time National Guard duty in response to - the COVID-19 pandemic. -Sec. 520. Study and report on ROTC recruitment. -Sec. 520A. Transitional health benefits for certain members of the - National Guard serving under orders in - response to the coronavirus (COVID-19). -Sec. 520B. Quarantine housing for members of the National Guard who - perform certain duty in response to the - COVID-19 emergency. -Sec. 520C. National guard support to major disasters. -Sec. 520D. Authority to reinstate and transfer officers in medical - specialties in the reserve components of - the Armed Forces previously retired - honorably or under honorable conditions. -Sec. 520E. Report regarding national guard youth challenge program. -Sec. 520F. Permanent suicide prevention and resilience program for the - reserve components. - Subtitle C--General Service Authorities and Correction of Military - Records + Subtitle B--Reserve Component Management -Sec. 521. Temporary authority to order retired members to active duty - in high-demand, low-density assignments - during war or national emergency. -Sec. 522. Reenlistment waivers for persons separated from the Armed - Forces who commit one misdemeanor cannabis - offense. -Sec. 523. Review of Seaman to Admiral-21 program; credit towards - retirement. -Sec. 524. Report regarding reviews of discharges and dismissals based - on sexual orientation or gender identity. -Sec. 525. Development of guidelines for use of unofficial sources of - information to determine eligibility of - members and former members of the Armed - Forces for decorations and benefits when - the service records are incomplete because - of damage to the official record. -Sec. 526. Report on bad paper. - Subtitle D--Military Justice and Other Legal Matters - -Sec. 531. Punitive article on violent extremism. -Sec. 532. Preservation of Court-martial records. -Sec. 533. Electronic notarization for members of the Armed Forces. -Sec. 534. Clarifications regarding scope of employment and reemployment - rights of members of the uniformed - services. -Sec. 535. Termination of telephone, multichannel video programming, and - internet access service contracts by - servicemembers who enter into contracts - after receiving military orders for - permanent change of station but then - receive stop movement orders due to an - emergency situation. -Sec. 536. Absentee ballot tracking program. -Sec. 537. Tracking mechanism and reporting requirements for - supremacist, extremist, and criminal gang - activity in the Armed Forces. -Sec. 538. Military-civilian task force on domestic violence and related - information collection activities. -Sec. 539. Actions to address military-connected child abuse. -Sec. 540. Multidisciplinary board to evaluate suicide events. -Sec. 540A. To resolve controversies under Servicemembers Civil Relief - Act. -Sec. 540B. Limitation on waiver of rights and protections under - Servicemembers Civil Relief Act. -Sec. 540C. Clarification of private right of action under - Servicemembers Civil Relief Act. -Sec. 540D. Requirement of certain certification before deportation of a - spouse of a member of the Armed Forces. -Sec. 540E. Clarification of termination of leases of premises and motor - vehicles of servicemembers who incur - catastrophic injury or illness or die while - in military service. -Sec. 540F. Availability of records for National Instant Criminal - Background Check System. -Sec. 540G. Prohibition on certain communications regarding courts- - martial. -Sec. 540H. Termination of contracts for telephone, multichannel video - programming, or internet access service by - certain individuals under Servicemembers - Civil Relief Act. -Sec. 540I. Report on drug demand reduction program modernization. -Sec. 540J. Qualifications of judges and standard of review for Courts - of Criminal Appeals. -Sec. 540K. Right to notice of victims of offenses under the Uniform - Code of Military Justice regarding certain - post-trial motions, filings, and hearings. - Subtitle E--Sexual Assault - -Sec. 541. Protection of attorney-client privilege between victims and - Special Victims' Counsel. -Sec. 542. Authority of military judges and military magistrates to - issue military court protective orders. -Sec. 543. Additional bases for provision of advice by the Defense - Advisory Committee for the Prevention of - Sexual Misconduct. -Sec. 544. Modification of reporting and data collection on victims of - sexual offenses. -Sec. 545. Modification of annual report regarding sexual assaults - involving members of the Armed Forces. -Sec. 546. Coordination of support for survivors of sexual trauma. -Sec. 547. Policy on separation of victim and accused at military - service academies. -Sec. 548. Safe-to-report policy applicable across the Armed Forces. -Sec. 549. Question in workplace and gender relations surveys regarding - prosecutions of sexual assault. -Sec. 550. Pilot program on prosecution of special victim offenses - committed by attendees of military service - academies. -Sec. 550A. Report on status of investigations of alleged sex-related - offenses. -Sec. 550B. Report on sexual abuse and harassment of recruits during - medical examinations prior to entry into - the Armed Forces. -Sec. 550C. Confidential reporting of sexual harassment. - Subtitle F--Member Education, Training, and Transition - -Sec. 551. Counseling in the Transition Assistance Program regarding - sexual assault, sexual or gender - harassment, and intimate partner violence. -Sec. 552. Medical or administrative discharge as a pathway for - counseling in the Transition Assistance - Program. -Sec. 553. Family dynamics as pathways for counseling in the Transition - Assistance Program. -Sec. 554. Establishment of mentoring and career counseling program. -Sec. 555. Defense Language Institute Foreign Language Center. -Sec. 556. Defense Language Institute Foreign Language Center. -Sec. 557. Increase in number of permanent professors at the United - States Air Force Academy. -Sec. 558. Information on nominations and applications for military - service academies. -Sec. 559. Transformation of the professional military education - enterprise. -Sec. 560. College of International Security Affairs of the National - Defense University. -Sec. 560A. Public-private consortium to improve professional military - education. -Sec. 560B. Participation of members of the reserve components of the - Armed Forces in the Skillbridge program. -Sec. 560C. Study regarding VA participation in TAP. -Sec. 560D. GAO study regarding transferability of military - certifications to civilian occupational - licenses and certifications. -Sec. 560E. Transition outreach. -Sec. 560F. Continued participation of separated members of the Armed - Forces in Skillbridge programs. -Sec. 560G. Expansion of Skillbridge program to include the Coast Guard. -Sec. 560H. Establishment of performance measures for the Credentialing - Opportunities On-Line programs of the Armed - Forces. -Sec. 560I. Authority of military educational institutions to accept - research grants. -Sec. 560J. Report on officer training in irregular warfare. -Sec. 560K. Report regarding county, Tribal, and local veterans service - officers. -Sec. 560L. Limited exception for attendance of enlisted personnel at - senior level and intermediate level officer - professional military education courses. -Sec. 560M. Limitation on eligibility of for-profit institutions to - participate in educational assistance - programs of the Department of Defense. - Subtitle G--Military Family Readiness and Dependents' Education - -Sec. 561. Family readiness: definitions; communication strategy; - report. -Sec. 562. Support services for members of special operations forces and - immediate family members. -Sec. 563. Authority to provide financial assistance to certain in-home - child care providers for members of the - Armed Forces and survivors of members who - die in combat in the line of duty. -Sec. 564. Expansion of financial assistance under My Career Advancement - Account program. -Sec. 565. Child care. -Sec. 566. Continuation of paid parental leave upon death of child. -Sec. 567. Study and report on the performance of the Department of - Defense Education Activity. -Sec. 568. Comptroller General of the United States report on the - structural condition of Department of - Defense Education Activity schools. -Sec. 569. Pilot program to expand eligibility for enrollment at - domestic dependent elementary and secondary - schools. -Sec. 570. Continued assistance to schools with significant numbers of - military dependent students. -Sec. 570A. Standardization of the Exceptional Family Member Program. -Sec. 570B. Training program regarding foreign disinformation campaigns. -Sec. 570C. Reopening of child care facilities of the Engineer Research - and Development Center. -Sec. 570D. Improvements to partner criteria of the Military Spouse - Employment Partnership Program. - Subtitle H--Diversity and Inclusion - -Sec. 571. Diversity and inclusion reporting requirements. -Sec. 572. Establishment of Diversity and Inclusion Advisory Council of - the Department of Defense. -Sec. 573. Establishment of Special Inspector General for Racial and - Ethnic Disparities in the Armed Forces; - amendments to Inspector General Act. -Sec. 574. Questions regarding racism, anti-Semitism, and supremacism in - workplace surveys administered by the - Secretary of Defense. -Sec. 575. Report on demographics of officers appointed to certain - grades. -Sec. 576. Plans to increase female and minority representation in the - Armed Forces. -Sec. 577. Evaluation of barriers to minority participation in certain - units of the Armed Forces. -Sec. 578. Report to Congress on efforts to increase diversity and - representation in film, television, and - publishing. -Sec. 579. Plan to improve responses to pregnancy and childbirth by - members of the Armed Forces and employees - of the Department of Defense. - Subtitle I--Decorations and Awards - -Sec. 581. Establishment of the Atomic Veterans Service Medal. -Sec. 582. Authorization for award of the distinguished-service cross - for Ramiro F. Olivo for acts of valor - during the Vietnam War. -Sec. 583. Eligibility of veterans of Operation End Sweep for Vietnam - Service Medal. - Subtitle J--Miscellaneous Reports and Other Matters +Sec. 511. Temporary authority to order retired members to active duty in + high-demand, low-density assignments during war or national + emergency. +Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program. +Sec. 513. Grants to support STEM education in the Junior Reserve + Officers' Training Corps. +Sec. 514. Permanent suicide prevention and resilience program for the + reserve components. +Sec. 515. Modification of education loan repayment program for members + of Selected Reserve. +Sec. 516. Inclusion of drill or training foregone due to emergency + travel or duty restrictions in computations of entitlement to + and amounts of retired pay for non-regular service. +Sec. 517. Quarantine lodging for members of the reserve components who + perform certain service in response to the COVID-19 emergency. +Sec. 518. Direct employment pilot program for certain members of the + reserve components. +Sec. 519. Pilot programs authorized in connection with SROTC units and + CSPI programs at Historically Black Colleges and Universities + and minority institutions. +Sec. 519A. Report regarding full-time National Guard duty in response to + the COVID-19 pandemic. +Sec. 519B. Study and report on National Guard support to States + responding to major disasters. +Sec. 519C. Report on guidance for use of unmanned aircraft systems by + the National Guard. +Sec. 519D. Study and report on ROTC recruitment. + + Subtitle C--General Service Authorities and Correction of Military + Records + +Sec. 521. Increased access to potential recruits. +Sec. 522. Sunset and transfer of functions of the Physical Disability + Board of Review. +Sec. 523. Honorary promotion matters. +Sec. 524. Exclusion of official photographs of members from records + furnished to promotion selection boards. +Sec. 525. Report regarding reviews of discharges and dismissals based on + sexual orientation. + + Subtitle D--Prevention and Response To Sexual Assault, Harassment, and + Related Misconduct + +Sec. 531. Modification of time required for expedited decisions in + connection with applications for change of station or unit + transfer of members who are victims of sexual assault or + related offenses. +Sec. 532. Confidential reporting of sexual harassment. +Sec. 533. Additional bases for provision of advice by the Defense + Advisory Committee for the Prevention of Sexual Misconduct. +Sec. 534. Additional matters for 2021 report of the Defense Advisory + Committee for the Prevention of Sexual Misconduct. +Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among + duties of Defense Advisory Committee for the Prevention of + Sexual Misconduct. +Sec. 536. Modification of reporting and data collection on victims of + sexual offenses. +Sec. 537. Modification of annual report regarding sexual assaults + involving members of the Armed Forces. +Sec. 538. Coordination of support for survivors of sexual trauma. +Sec. 539. Policy for military service academies on separation of alleged + victims and alleged perpetrators in incidents of sexual + assault. +Sec. 539A. Safe-to-report policy applicable across the Armed Forces. +Sec. 539B. Accountability of leadership of the Department of Defense for + discharging the sexual harassment policies and programs of the + Department. +Sec. 539C. Reports on status of investigations of alleged sex-related + offenses. +Sec. 539D. Report on ability of Sexual Assault Response Coordinators and + Sexual Assault Prevention and Response Victim Advocates to + perform duties. +Sec. 539E. Briefing on Special Victims' Counsel program. +Sec. 539F. Briefing on placement of members of the Armed Forces in + academic status who are victims of sexual assault onto Non- + Rated Periods. + + Subtitle E--Military Justice and Other Legal Matters + +Sec. 541. Right to notice of victims of offenses under the Uniform Code + of Military Justice regarding certain post-trial motions, + filings, and hearings. +Sec. 542. Qualifications of judges and standard of review for Courts of + Criminal Appeals. +Sec. 543. Preservation of court-martial records. +Sec. 544. Availability of records for National Instant Criminal + Background Check System. +Sec. 545. Removal of personally identifying and other information of + certain persons from investigative reports, the Department of + Defense Central Index of Investigations, and other records and + databases. +Sec. 546. Briefing on mental health support for vicarious trauma for + certain personnel in the military justice system. +Sec. 547. Comptroller General of the United States report on + implementation by the Armed Forces of recent GAO + recommendations and statutory requirements on assessment of + racial, ethnic, and gender disparities in the military justice + system. +Sec. 548. Legal assistance for veterans and surviving spouses and + dependents. +Sec. 549. Clarification of termination of leases of premises and motor + vehicles of servicemembers who incur catastrophic injury or + illness or die while in military service. +Sec. 549A. Multidisciplinary board to evaluate suicide events. +Sec. 549B. Improvements to Department of Defense tracking of and + response to incidents of child abuse, adult crimes against + children, and serious harmful behavior between children and + youth involving military dependents on military installations. +Sec. 549C. Independent analysis and recommendations on domestic violence + in the Armed Forces. + + Subtitle F--Diversity and Inclusion + +Sec. 551. Diversity and inclusion reporting requirements and related + matters. +Sec. 552. National emergency exception for timing requirements with + respect to certain surveys of members of the Armed Forces. +Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in + workplace surveys administered by the Secretary of Defense. +Sec. 554. Inspector General oversight of diversity and inclusion in + Department of Defense; supremacist, extremist, or criminal + gang activity in the Armed Forces. +Sec. 555. Policy to improve responses to pregnancy and childbirth by + certain members of the Armed Forces. +Sec. 556. Training on certain Department of Defense instructions for + members of the Armed Forces. +Sec. 557. Evaluation of barriers to minority participation in certain + units of the Armed Forces. +Sec. 558. Comptroller General of the United States report on equal + opportunity at the military service academies. + + Subtitle G--Decorations and Awards + +Sec. 561. Extension of time to review World War I Valor Medals. +Sec. 562. Authorizations for certain awards. +Sec. 563. Feasibility study on establishment of service medal for + radiation-exposed veterans. +Sec. 564. Expressing support for the designation of Silver Star Service + Banner Day. + + Subtitle H--Member Education, Training, Transition, and Resilience + +Sec. 571. Mentorship and career counseling program for officers to + improve diversity in military leadership. +Sec. 572. Expansion of Skillbridge program to include the Coast Guard. +Sec. 573. Increase in number of permanent professors at the United + States Air Force Academy. +Sec. 574. Additional elements with 2021 and 2022 certifications on the + Ready, Relevant Learning initiative of the Navy. +Sec. 575. Information on nominations and applications for military + service academies. +Sec. 576. Report on potential improvements to certain military + educational institutions of the Department of Defense. +Sec. 577. College of International Security Affairs of the National + Defense University. +Sec. 578. Improvements to the Credentialing Opportunities On-Line + programs of the Armed Forces. +Sec. 579. GAO study regarding transferability of military certifications + to civilian occupational licenses and certifications. +Sec. 579A. Report regarding county, Tribal, and local veterans service + officers. + + Subtitle I--Military Family Readiness and Dependents' Education + +Sec. 581. Family readiness: definitions; communication strategy; review; + report. +Sec. 582. Improvements to Exceptional Family Member Program. +Sec. 583. Support services for members of special operations forces and + immediate family members. +Sec. 584. Responsibility for allocation of certain funds for military + child development programs. +Sec. 585. Military child care and child development center matters. +Sec. 586. Expansion of financial assistance under My Career Advancement + Account program. +Sec. 587. Improvements to partner criteria of the Military Spouse + Employment Partnership Program. +Sec. 588. 24-hour child care. +Sec. 589. Pilot program to provide financial assistance to members of + the Armed Forces for in-home child care. +Sec. 589A. Certain assistance to local educational agencies that benefit + dependents of military and civilian personnel. +Sec. 589B. Staffing of Department of Defense Education Activity schools + to maintain maximum student-to-teacher ratios. +Sec. 589C. Pilot program to expand eligibility for enrollment at + domestic dependent elementary and secondary schools. +Sec. 589D. Pilot program on expanded eligibility for Department of + Defense Education Activity Virtual High School program. +Sec. 589E. Training program regarding foreign malign influence + campaigns. +Sec. 589F. Study on cyberexploitation and online deception of members of + the Armed Forces and their families. +Sec. 589G. Matters relating to education for military dependent students + with special needs. +Sec. 589H. Studies and reports on the performance of the Department of + Defense Education Activity. + + Subtitle J--Other Matters and Reports Sec. 591. Expansion of Department of Defense STARBASE Program. Sec. 592. Inclusion of certain outlying areas in the Department of - Defense STARBASE Program. -Sec. 593. Prohibition on charging for or counting certain acronyms on - headstones of individuals interred at - Arlington National Cemetery. -Sec. 594. Report on placement of members of the Armed Forces in - academic status who are victims of sexual - assault onto Non-Rated Periods. -Sec. 595. Sense of Congress regarding advertising recruiting efforts. -Sec. 596. Study on financial impacts of COVID-19 on members of the - Armed Forces and best practices to prevent - future financial hardships. -Sec. 597. Sense of Congress honoring the Dover Air Force Base, - Delaware, home to the 436th airlift wing, - the 512th airlift wing, and the Charles C. - Carson Center for mortuary affairs. -Sec. 598. GAO study of women involuntarily separated or discharged due - to pregnancy or parenthood. -Sec. 599. Report regarding transportation of remains of certain - decedents by the Secretary of a military - department. -Sec. 599A. Postponement of conditional designation of Explosive - Ordnance Disposal Corps as a basic branch - of the Army. -Sec. 599B. Annual report regarding cost of living for members and - employees of the Department of Defense. -Sec. 599C. Report on Preservation of the Force and Family Program of - United States Special Operations Command. -Sec. 599D. GAO study of members absent without leave or on unauthorized - absence. - TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS + Defense STARBASE Program. +Sec. 593. Postponement of conditional designation of Explosive Ordnance + Disposal Corps as a basic branch of the Army. +Sec. 594. Armed Services Vocational Aptitude Battery Test special + purpose adjunct to address computational thinking. +Sec. 595. Extension of reporting deadline for the annual report on the + assessment of the effectiveness of activities of the Federal + Voting Assistance Program. +Sec. 596. Plan on performance of funeral honors details by members of + other Armed Forces when members of the Armed Force of the + deceased are unavailable. +Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on + members of the Armed Forces and best practices to prevent + future financial hardships. +Sec. 598. Limitation on implementation of Army Combat Fitness Test. +Sec. 599. Semiannual reports on implementation of recommendations of the + Comprehensive Review of Special Operations Forces Culture and + Ethics. +Sec. 599A. Report on impact of children of certain Filipino World War II + veterans on national security, foreign policy, and economic + and humanitarian interests of the United States. + + TITLE VI--MILITARY COMPENSATION Subtitle A--Pay and Allowances Sec. 601. Increase in basic pay. -Sec. 602. Basic needs allowance for low-income regular members. -Sec. 603. Reorganization of certain allowances other than travel and - transportation allowances. -Sec. 604. Single military housing area for each municipality with a - population greater than 500,000. +Sec. 602. Compensation and credit for retired pay purposes for maternity + leave taken by members of the reserve components. +Sec. 603. Provision of information regarding SCRA to members who receive + basic allowance for housing. +Sec. 604. Reorganization of certain allowances other than travel and + transportation allowances. Sec. 605. Expansion of travel and transportation allowances to include - fares and tolls. -Sec. 606. Compensation and credit for retired pay purposes for - maternity leave taken by members of the - reserve components. + fares and tolls. +Sec. 606. One-time uniform allowance for officers who transfer to the + Space Force. + Subtitle B--Bonuses and Special Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay - authorities. -Sec. 612. Increase in certain hazardous duty incentive pay for members - of the uniformed services. -Sec. 613. Standardization of payment of hazardous duty incentive pay - for members of the uniformed services. -Sec. 614. Clarification of 30 days of continuous duty on board a ship - required for family separation allowance - for members of the uniformed services. -Sec. 615. Expansion of reimbursable State licensure and certification - costs for a military spouse arising from - relocation. - Subtitle C--Family and Survivor Benefits - -Sec. 621. Expansion of authority to provide financial assistance to - civilian providers of child care services - or youth program services for survivors of - members of the Armed Forces who die in the - line of duty. -Sec. 622. Expansion of death gratuity for ROTC graduates. -Sec. 623. Recalculation of financial assistance for providers of child - care services and youth program services - for dependents. -Sec. 624. Priority for certain military family housing to a member of - the Armed Forces whose spouse agrees to - provide family home day care services. -Sec. 625. Study on feasibility of TSP contributions by military - spouses. -Sec. 626. Gold star families parks pass. -Sec. 627. Modification to first division monument. -Sec. 628. Cheryl Lankford memorial expansion of assistance for Gold - Star spouses and other dependents. -Sec. 629. Extension of Commissary and Exchange Benefits for Surviving - Remarried Spouses With Dependent Children - of a Member of the Armed Forces Who Dies - While on Active Duty or Certain Reserve - Duty. + authorities. +Sec. 612. Increase in special and incentive pays for officers in health + professions. +Sec. 613. Increase in certain hazardous duty incentive pay for members + of the uniformed services. +Sec. 614. Payment of hazardous duty incentive pay for members of the + uniformed services. +Sec. 615. Clarification of 30 days of continuous duty on board a ship + required for family separation allowance for members of the + uniformed services. + + Subtitle C--Disability Pay, Retired Pay, and Family and Survivor + Benefits + +Sec. 621. Modernization and clarification of payment of certain Reserves + while on duty. +Sec. 622. Restatement and clarification of authority to reimburse + members for spouse relicensing costs pursuant to a permanent + change of station. +Sec. 623. Expansion of death gratuity for ROTC graduates. +Sec. 624. Expansion of assistance for Gold Star spouses and other + dependents. +Sec. 625. Gold Star Families Parks Pass. +Sec. 626. Recalculation of financial assistance for providers of child + care services and youth program services for dependents. +Sec. 627. Priority for certain military family housing to a member of + the Armed Forces whose spouse agrees to provide family home + day care services. +Sec. 628. Study on feasibility and advisability of TSP contributions by + military spouses. +Sec. 629. Report on implications of expansion of authority to provide + financial assistance to civilian providers of child care + services or youth program services for survivors of members of + the Armed Forces who die in the line of duty. +Sec. 629A. Report on extension of commissary and exchange benefits for + surviving remarried spouses with dependent children of members + of the Armed Forces who die while on active duty or certain + reserve duty. + Subtitle D--Defense Resale Matters -Sec. 631 . Base responders essential needs and dining access. +Sec. 631. Base responders essential needs and dining access. Sec. 632. First responder access to mobile exchanges. Sec. 633. Updated business case analysis for consolidation of the - defense resale system. - Subtitle E--Other Personnel Benefits + defense resale system. -Sec. 641. Maintenance of funding for Stars and Stripes. -Sec. 642. Basic allowance for housing. - TITLE VII--HEALTH CARE PROVISIONS + Subtitle E--Other Personnel Rights and Benefits + +Sec. 641. Approval of certain activities by retired and reserve members + of the uniformed services. +Sec. 642. Permanent authority for and enhancement of the Government + lodging program. +Sec. 643. Operation of Stars and Stripes. + + TITLE VII--HEALTH CARE PROVISIONS Subtitle A--TRICARE and Other Health Care Benefits -Sec. 701. Expansion of mental health assessments for members of the - Armed Forces. -Sec. 702. Mandatory referral for mental health evaluation. -Sec. 703. Assessments and testing relating to exposure to - perfluoroalkyl and polyfluoroalkyl - substances. -Sec. 704. Improvement to breast cancer screening. -Sec. 705. Waiver of fees charged to certain civilians for emergency - medical treatment provided at military - medical treatment facilities. -Sec. 706. Expansion of benefits available under TRICARE Extended Care - Health Option program. -Sec. 707. Provision of hearing aids for dependents of certain members - of the reserve components. +Sec. 701. Improvement to breast cancer screening. +Sec. 702. Waiver of fees charged to certain civilians for emergency + medical treatment provided at military medical treatment + facilities. +Sec. 703. Authority for Secretary of Defense to manage provider type + referral and supervision requirements under TRICARE program. +Sec. 704. Expansion of benefits available under TRICARE Extended Care + Health Option program. +Sec. 705. Sale of hearing aids for dependents of certain members of the + reserve components. +Sec. 706. Pilot program on receipt of non-generic prescription + maintenance medications under TRICARE pharmacy benefits + program. + Subtitle B--Health Care Administration -Sec. 711. Protection of the Armed Forces from infectious diseases. -Sec. 712. Inclusion of drugs, biological products, and critical medical - supplies in national security strategy for - national technology and industrial base. -Sec. 713. Contract authority of the Uniformed Services University of - the Health Sciences. -Sec. 714. Extension of organization requirements for Defense Health - Agency. -Sec. 715. Modification to limitation on the realignment or reduction of - military medical manning end strength. -Sec. 716. Modifications to implementation plan for restructure or - realignment of military medical treatment - facilities. -Sec. 717. Policy to address opioid prescription abuse prevention. -Sec. 718. Addition of burn pit registration to electronic health - records of members of the Armed Forces and - veterans. -Sec. 719. Maintenance of certain medical services at military medical - treatment facilities at Service Academies. -Sec. 720. Extramedical maternal health providers demonstration project. - Subtitle C--Matters Relating to COVID-19 +Sec. 711. Repeal of administration of TRICARE dental plans through + Federal Employees Dental and Vision Insurance Program. +Sec. 712. Protection of the Armed Forces from infectious diseases. +Sec. 713. Inclusion of drugs, biological products, and critical medical + supplies in national security strategy for national technology + and industrial base. +Sec. 714. Contract authority of the Uniformed Services University of the + Health Sciences. +Sec. 715. Membership of Board of Regents of Uniformed Services + University of the Health Sciences. +Sec. 716. Temporary exemption for Uniformed Services University of the + Health Sciences from certain Paperwork Reduction Act + requirements. +Sec. 717. Modification to limitation on the realignment or reduction of + military medical manning end strength. +Sec. 718. Modifications to implementation plan for restructure or + realignment of military medical treatment facilities. +Sec. 719. Policy to address prescription opioid safety. +Sec. 720. Addition of burn pit registration and other information to + electronic health records of members of the Armed Forces. +Sec. 721. Inclusion of information on exposure to open burn pits in + postdeployment health reassessments. -Sec. 721. COVID-19 military health system review panel. -Sec. 722. COVID-19 global war on pandemics. -Sec. 723. Registry of TRICARE beneficiaries diagnosed with COVID-19. -Sec. 724. Pandemic health assessments evaluate exposure to open burn - pits and toxic airborne chemicals. -Sec. 725. Provision of information regarding COVID-19 in multiple - languages. -Sec. 726. Study of substance use disorders among members of the Armed - Forces and veterans during the COVID-19 - public health emergency. - Subtitle D--Reports and Other Matters + Subtitle C--Matters Relating to COVID-19 -Sec. 731. Modifications to pilot program on civilian and military - partnerships to enhance interoperability - and medical surge capability and capacity - of national disaster medical system. -Sec. 732. Reports on suicide among members of the Armed Forces and - suicide prevention programs and activities - of the Department of Defense. -Sec. 733. Clarification of research under Joint Trauma Education and - Training Directorate and inclusion of - military working dogs. -Sec. 734. Extension of the Joint Department of Defense-Department of - Veterans Affairs Medical Facility - Demonstration Project. -Sec. 735. Information sharing by Secretary of Defense regarding - prevention of infant and maternal - mortality. -Sec. 736. Grant program for increased cooperation on post-traumatic - stress disorder research between United - States and Israel. -Sec. 737. Pilot program on cryopreservation and storage. -Sec. 738. Pilot program on parents serving as certified nursing - assistants for children under TRICARE - program. -Sec. 739. Study on incidence of cancer diagnosis and mortality among - pilots in the Armed Forces. -Sec. 740. Report on diet and nutrition of members of the Armed Forces. -Sec. 741. Report on costs and benefits of allowing retired members of - the Armed Forces to contribute to health - savings accounts. -Sec. 742. Study on toxic exposure at Karshi-Khanabad Air Base, - Uzbekistan. -Sec. 743. Audit of medical conditions of tenants in privatized military - housing. -Sec. 744. Report on Integrated Disability Evaluation System. -Sec. 745. Review and report on prevention of suicide among members of - the Armed Forces stationed at remote - installations outside the contiguous United - States. -Sec. 746. Antimicrobial stewardship staffing at medical treatment - facilities of the Department of Defense. -Sec. 747. Report on chiropractic care for dependents and retirees under - the TRICARE program. -Sec. 748. Study on medevac helicopters and ambulances at military - installations. -Sec. 749. Funding for pancreatic cancer research. -Sec. 750. Report on mental health treatment relating to pregnancy. -Sec. 750A. Report on cost of extending TRICARE coverage to individuals - participating in Health Professions - Scholarship and Financial Assistance - Program. -Sec. 750B. Report on health care records of dependents who later seek - to serve as a member of the Armed Forces. -Sec. 750C. Briefing on extension of TRICARE Prime to eligible - beneficiaries in Puerto Rico and other - United States territories. -Sec. 750D. Funding for post-traumatic stress disorder. -Sec. 750E. Increased collaboration with NIH to combat triple negative - breast cancer. -Sec. 750F. Study on readiness contracts and the prevention of drug - shortages. -Sec. 750G. Findings and sense of Congress on musculoskeletal injuries. -Sec. 750H. Wounded Warrior Service Dog Program. -Sec. 750I. Sense of congress regarding maternal mortality review. -Sec. 750J. Report on lapses in TRICARE coverage for members of the - National Guard and reserve components. -Sec. 750K. Study and report on increasing telehealth services across - Armed Forces. -Sec. 750L. Study on joint deployment formulary. -Subtitle E--Mental Health Services From Department of Veterans Affairs - for Members of Reserve Components +Sec. 731. COVID-19 military health system review panel. +Sec. 732. Department of Defense pandemic preparedness. +Sec. 733. Transitional health benefits for certain members of the + National Guard serving under orders in response to the + coronavirus (COVID-19). +Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with + COVID-19. +Sec. 735. Health assessments of veterans diagnosed with pandemic + diseases to determine exposure to open burn pits and toxic + airborne chemicals. +Sec. 736. Comptroller General study on delivery of mental health + services to members of the Armed Forces during the COVID-19 + pandemic. + + Subtitle D--Reports and Other Matters + +Sec. 741. Modifications to pilot program on civilian and military + partnerships to enhance interoperability and medical surge + capability and capacity of National Disaster Medical System. +Sec. 742. Reports on suicide among members of the Armed Forces and + suicide prevention programs and activities of the Department + of Defense. +Sec. 743. Extension of authority for Joint Department of Defense- + Department of Veterans Affairs Medical Facility Demonstration + Fund. +Sec. 744. Military Health System Clinical Quality Management Program. +Sec. 745. Wounded Warrior Service Dog Program. +Sec. 746. Extramedical maternal health providers demonstration project. +Sec. 747. Briefing on diet and nutrition of members of the Armed Forces. +Sec. 748. Audit of medical conditions of residents in privatized + military housing. +Sec. 749. Assessment of receipt by civilians of emergency medical + treatment at military medical treatment facilities. +Sec. 750. Study on the incidence of cancer diagnosis and mortality among + military aviators and aviation support personnel. +Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air + Base, Uzbekistan. +Sec. 752. Review and report on prevention of suicide among members of + the Armed Forces stationed at remote installations outside the + contiguous United States. +Sec. 753. Study on medevac helicopters and ambulances at certain + military installations. +Sec. 754. Comptroller General study on prenatal and postpartum mental + health conditions among members of the Armed Forces and their + dependents. +Sec. 755. Report on lapses in TRICARE coverage for members of the + National Guard and reserve components. +Sec. 756. Study and report on increasing telehealth services across + Armed Forces. +Sec. 757. Study on force mix options and service models to enhance + readiness of medical force of the Armed Forces. +Sec. 758. Report on billing practices for health care from Department of + Defense. + + Subtitle E--Mental Health Services From Department of Veterans Affairs + for Members of Reserve Components + +Sec. 761. Short title. +Sec. 762. Expansion of eligibility for readjustment counseling and + related outpatient services from Department of Veterans + Affairs to include members of reserve components of the Armed + Forces. +Sec. 763. Provision of mental health services from Department of + Veterans Affairs to members of reserve components of the Armed + Forces. +Sec. 764. Inclusion of members of reserve components in mental health + programs of Department of Veterans Affairs. +Sec. 765. Report on mental health and related services provided by + Department of Veterans Affairs to members of the Armed Forces. -Sec. 751. Short title. -Sec. 752. Expansion of eligibility for readjustment counseling and - related outpatient services from Department - of Veterans Affairs to include members of - reserve components of the Armed Forces. -Sec. 753. Provision of mental health services from Department of - Veterans Affairs to members of reserve - components of the Armed Forces. -Sec. 754. Inclusion of members of reserve components in mental health - programs of Department of Veterans Affairs. -Sec. 755. Report on mental health and related services provided by - Department of Veterans Affairs to members - of the Armed Forces. -Sec. 756. Pilot program on sleep apnea among new recruits. -Sec. 757. Report on research and studies on health effects of burn - pits. -Sec. 758. Mandatory training on health effects of burn pits. -Sec. 759. Inclusion of information on exposure to open burn pits in - postdeployment health reassessments. -Sec. 760. Expansion of scope of Department of Veterans Affairs open - burn pit registry to include open burn pits - in Egypt and Syria. -Sec. 761. Pilot program on treatment of certain members of the Armed - Forces impacted by traumatic brain injury - and other associated health factors that - influence long-term brain health and - performance. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED - MATTERS - - Subtitle A--Acquisition Policy and Management - -Sec. 801. Congressional notification of termination of a middle tier - acquisition program. -Sec. 802. Modification to the definition of nontraditional defense - contractor. -Sec. 803. Major weapon systems: life-cycle sustainment plan. -Sec. 804. Contractor business systems. -Sec. 805. Acquisition authority of the Director of the Joint Artificial - Intelligence Center. -Sec. 806. Reforming the Department of Defense. -Sec. 807. Alternative Space Acquisition System for the United States - Space Force. -Subtitle B--Amendments to General Contracting Authorities, Procedures, - and Limitations + MATTERS + + Subtitle A--Acquisition Policy and Management + +Sec. 801. Report on acquisition risk assessment and mitigation as part + of Adaptive Acquisition Framework implementation. +Sec. 802. Improving planning, execution, and oversight of life cycle + sustainment activities. +Sec. 803. Disclosures for offerors for certain shipbuilding major + defense acquisition program contracts. +Sec. 804. Implementation of modular open systems approaches. +Sec. 805. Congressional notification of termination of a middle tier + acquisition program. +Sec. 806. Definition of material weakness for contractor business + systems. +Sec. 807. Space system acquisition and the adaptive acquisition + framework. +Sec. 808. Acquisition authority of the Director of the Joint Artificial + Intelligence Center. +Sec. 809. Assessments of the process for developing capability + requirements for Department of Defense acquisition programs. + + Subtitle B--Amendments to General Contracting Authorities, Procedures, + and Limitations Sec. 811. Sustainment reform for the Department of Defense. -Sec. 812. Modifications to Comptroller General assessment of - acquisition programs and related - initiatives. -Sec. 813. Contractor whistleblower protections relating to - nondisclosure agreements. -Sec. 814. Competition requirements for purchases from Federal Prison - Industries. -Sec. 815. Disclosure of beneficial owners in database for Federal - agency contract and grant officers. -Sec. 816. Inclusion of optical transmission components in the - analytical framework for supply chain - risks. -Sec. 817. Amendment to definition of qualified apprentice. -Sec. 818. Contract closeout authority for services contracts. -Sec. 819. Plan to improve Department-wide management of investments in - weapon systems. -Sec. 820. Documentation pertaining to commercial item determinations. -Sec. 820A. Guidelines and resources on the acquisition or licensing of - intellectual property. -Sec. 820B. Requirements concerning former Department of Defense - officials and lobbying activities. -Sec. 820C. Commercial product determination applies to components and - support services. - Subtitle C--Industrial Base Matters - -Sec. 821. Quarterly national technology and industrial base briefings. -Sec. 822. Expansion on the prohibition on acquiring certain metal - products. -Sec. 823. Requirement that certain ship components be manufactured in - the national technology and industrial - base. -Sec. 824. Preference for sourcing rare earth materials from the - national technology and industrial base. -Sec. 825. Enhanced domestic content requirement for major defense - acquisition programs. -Sec. 826. Additional requirements pertaining to printed circuit boards. -Sec. 827. Report on use of domestic nonavailability determinations. -Sec. 828. Sense of Congress on the prohibition on certain - telecommunications and video surveillance - services or equipment. -Sec. 829. Domestic sourcing requirements for aluminum. -Sec. 830. Report on aluminum refining, processing, and manufacturing. -Sec. 830A. Briefing on the supply chain for small unmanned aircraft - system components. -Sec. 830B. Prohibition on procurement or operation of foreign-made - unmanned aircraft systems. -Sec. 830C. Sense of Congress on gaps or vulnerabilities in the national - technology and industrial base. -Sec. 830D. Report on partnerships for rare earth material supply chain - security. - Subtitle D--Small Business Matters - -Sec. 831. Transfer of verification of small business concerns owned and - controlled by veterans or service-disabled - veterans to the Small Business - Administration. -Sec. 832. Equitable adjustments to certain construction contracts. -Sec. 833. Exemption of certain contracts awarded to small business - concerns from category management - requirements. -Sec. 834. Report on accelerated payments to certain small business - concerns. -Sec. 835. Extension of participation in 8(a) program. -Sec. 836. Past performance ratings of certain small business concerns. -Sec. 837. Category management training. -Sec. 838. Small businesses in territories of the United States. -Sec. 839. Eligibility of the commonwealth of the northern mariana - islands for certain small business - administration programs. -Sec. 840. Boots to Business Program. -Sec. 840A. Employment size standard requirements. - Subtitle E--Other Matters - -Sec. 841. Modifications to supervision and award of certain contracts. -Sec. 842. Amendments to submissions to Congress relating to certain - foreign military sales. -Sec. 843. Revisions to requirement to use firm fixed-price contracts - for foreign military sales. -Sec. 844. Small Business Industrial Base Resiliency Program. -Sec. 845. Requirements relating to reports and limitations on the - availability of funds. -Sec. 846. Assessment of the requirements processes of the military - departments. -Sec. 847. Report on transfer and consolidation of certain defense - acquisition statutes. -Sec. 848. Prohibition on contracting with persons with willful or - repeated violations of the Fair Labor - Standards Act of 1938. -Sec. 849. Reestablishment of Commission on Wartime Contracting. -Sec. 850. Report on certain contracts relating to construction or - maintenance of a border wall. -Sec. 851. Congressional oversight of private security contractor - contracts. -Sec. 852. Revisions to the Unified Facilities Criteria regarding the - use of variable refrigerant flow systems. - TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT +Sec. 812. Inclusion of software in Government performance of acquisition + functions. +Sec. 813. Modifications to Comptroller General assessment of acquisition + programs and related initiatives. +Sec. 814. Cost or pricing data reporting requirements for Department of + Defense contracts. +Sec. 815. Prompt payment of contractors. +Sec. 816. Documentation pertaining to commercial item determinations. +Sec. 817. Modification to small purchase threshold exception to sourcing + requirements for certain articles. +Sec. 818. Repeal of program for qualified apprentices for military + construction contracts. +Sec. 819. Modifications to mitigating risks related to foreign + ownership, control, or influence of Department of Defense + contractors and subcontractors. +Sec. 820. Contract closeout authority for services contracts. +Sec. 821. Revision of proof required when using an evaluation factor for + employing or subcontracting with members of the Selected + Reserve. + + Subtitle C--Provisions Relating to Software and Technology + +Sec. 831. Contract authority for development and demonstration of + initial or additional prototype units. +Sec. 832. Extension of pilot program for streamlined awards for + innovative technology programs. +Sec. 833. Listing of other transaction authority consortia. +Sec. 834. Pilot program on the use of consumption-based solutions to + address software-intensive warfighting capability. +Sec. 835. Balancing security and innovation in software development and + acquisition. +Sec. 836. Digital modernization of analytical and decision-support + processes for managing and overseeing Department of Defense + acquisition programs. +Sec. 837. Safeguarding defense-sensitive United States intellectual + property, technology, and other data and information. +Sec. 838. Comptroller General report on implementation of software + acquisition reforms. +Sec. 839. Comptroller General report on intellectual property + acquisition and licensing. + + Subtitle D--Industrial Base Matters + +Sec. 841. Additional requirements pertaining to printed circuit boards. +Sec. 842. Report on nonavailability determinations and quarterly + national technology and industrial base briefings. +Sec. 843. Modification of framework for modernizing acquisition + processes to ensure integrity of industrial base and inclusion + of optical transmission components. +Sec. 844. Expansion on the prohibition on acquiring certain metal + products. +Sec. 845. Miscellaneous limitations on the procurement of goods other + than United States goods. +Sec. 846. Improving implementation of policy pertaining to the national + technology and industrial base. +Sec. 847. Report and limitation on the availability of funds relating to + eliminating the gaps and vulnerabilities in the national + technology and industrial base. +Sec. 848. Supply of strategic and critical materials for the Department + of Defense. +Sec. 849. Analyses of certain activities for action to address sourcing + and industrial capacity. +Sec. 850. Implementation of recommendations for assessing and + strengthening the manufacturing and defense industrial base + and supply chain resiliency. +Sec. 851. Report on strategic and critical materials. +Sec. 852. Report on aluminum refining, processing, and manufacturing. + + Subtitle E--Small Business Matters + +Sec. 861. Initiatives to support small businesses in the national + technology and industrial base. +Sec. 862. Transfer of verification of small business concerns owned and + controlled by veterans or service-disabled veterans to the + Small Business Administration. +Sec. 863. Employment size standard requirements for small business + concerns. +Sec. 864. Maximum award price for sole source manufacturing contracts. +Sec. 865. Reporting requirement on expenditure amounts for the Small + Business Innovation Research Program and the Small Business + Technology Transfer Program. +Sec. 866. Small businesses in territories of the United States. +Sec. 867. Eligibility of the Commonwealth of the Northern Mariana + Islands for certain Small Business Administration programs. +Sec. 868. Past performance ratings of certain small business concerns. +Sec. 869. Extension of participation in 8(a) program. +Sec. 870. Compliance of Offices of Small Business and Disadvantaged + Business Utilization. +Sec. 871. Category management training. + + Subtitle F--Other Matters + +Sec. 881. Review of and report on overdue acquisition and cross- + servicing agreement transactions. +Sec. 882. Domestic comparative testing activities. +Sec. 883. Prohibition on awarding of contracts to contractors that + require nondisclosure agreements relating to waste, fraud, or + abuse. +Sec. 884. Program management improvement officers and program management + policy council. +Sec. 885. Disclosure of beneficial owners in database for Federal agency + contract and grant officers. +Sec. 886. Repeal of pilot program on payment of costs for denied + Government Accountability Office bid protests. +Sec. 887. Amendments to submissions to Congress relating to certain + foreign military sales. +Sec. 888. Revision to requirement to use firm fixed-price contracts for + foreign military sales. +Sec. 889. Assessment and enhancement of national security innovation + base. +Sec. 890. Identification of certain contracts relating to construction + or maintenance of a border wall. +Sec. 891. Waivers of certain conditions for progress payments under + certain contracts during the COVID-19 national emergency. + + TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A--Office of the Secretary of Defense and Related Matters -Sec. 901. Repeal of position of Chief Management Officer. -Sec. 902. Assistant Secretary of Defense for Industrial Base Policy. -Sec. 903. Assignment of responsibility for the Arctic region within the - Office of the Secretary of Defense. - Subtitle B--Other Department of Defense Organization and Management - Matters - -Sec. 911. Limitation on reduction of civilian workforce. -Sec. 912. Chief Diversity Officers. -Sec. 913. Establishment of Deputy Assistant Secretaries for - Sustainment. -Sec. 914. Office of Defense Community Cooperation and Economic - Adjustment. -Sec. 915. Input from Chief of National Guard Bureau to the Joint - Requirements Oversight Council. -Sec. 916. Redesignation of the Joint Forces Staff College. -Sec. 917. Reporting on post-JAIC assignment. -Sec. 918. Comptroller General report on vulnerabilities of the - Department of Defense resulting from - offshore technical support call centers. -Sec. 919. Limitation on consolidation or transition to alternative - content delivery methods within the Defense - Media Activity. - Subtitle C--Space Matters - -Sec. 921. Assistant Secretary of Defense for Space and Strategic - Deterrence Policy. -Sec. 922. Office of the Chief of Space Operations. -Sec. 923. Space Force Medal. -Sec. 924. Clarification of procurement of commercial satellite - communications services. -Sec. 925. Temporary exemption from authorized daily average of members - in pay grades E-8 and E-9. -Sec. 926. One-time uniform allowance for members transferred to the - Space Force. -Sec. 927. Rank and grade structure of the United States Space Force. -Sec. 928. Report on the role of the Naval Postgraduate School in space - education. - TITLE X--GENERAL PROVISIONS +Sec. 901. Repeal of position of Chief Management Officer of the + Department of Defense. +Sec. 902. Assistant Secretary of Defense for Special Operations and Low + Intensity Conflict and related matters. +Sec. 903. Assistant Secretary of Defense for Industrial Base Policy. +Sec. 904. Assistant Secretary of Defense for Energy, Installations, and + Environment. +Sec. 905. Office of Local Defense Community Cooperation. +Sec. 906. Input from the Vice Chief of the National Guard Bureau to the + Joint Requirements Oversight Council. +Sec. 907. Assignment of responsibility for the Arctic region within the + Office of the Secretary of Defense. +Sec. 908. Modernization of process used by the Department of Defense to + identify, task, and manage Congressional reporting + requirements. - Subtitle A--Financial Matters + Subtitle B--Other Department of Defense Organization and Management + Matters + +Sec. 911. Reform of the Department of Defense. +Sec. 912. Limitation on reduction of civilian workforce. +Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and + Inclusion. +Sec. 914. Limitation on consolidation or transition to alternative + content delivery methods within the Defense Media Activity. + + Subtitle C--Space Force Matters + +Sec. 921. Office of the Chief of Space Operations. +Sec. 922. Clarification of Space Force and Chief of Space Operations + authorities. +Sec. 923. Amendments to Department of the Air Force provisions in title + 10, United States Code. +Sec. 924. Amendments to other provisions of title 10, United States + Code. +Sec. 925. Amendments to provisions of law relating to pay and + allowances. +Sec. 926. Amendments to provisions of law relating to veterans' + benefits. +Sec. 927. Amendments to other provisions of the United States Code and + other laws. +Sec. 928. Applicability to other provisions of law. +Sec. 929. Temporary exemption from authorized daily average of members + in pay grades E-8 and E-9. +Sec. 930. Limitation on transfer of military installations to the + jurisdiction of the Space Force. +Sec. 931. Organization of the Space Force. + + TITLE X--GENERAL PROVISIONS + + Subtitle A--Financial Matters Sec. 1001. General transfer authority. -Sec. 1002. Determination of budgetary effects. -Sec. 1003. Pandemic Preparedness and Resilience National Security Fund. -Sec. 1004. Budget materials for special operations forces. -Sec. 1005. Department of Defense audit remediation plan. -Sec. 1006. Public availability of Department of Defense legislative - proposals. +Sec. 1002. Budget materials for special operations forces. +Sec. 1003. Application of Financial Improvement and Audit Remediation + Plan to fiscal years following fiscal year 2020. +Sec. 1004. Incentives for the achievement by the components of the + Department of Defense of unqualified audit opinions on the + financial statements. +Sec. 1005. Audit readiness and remediation. +Sec. 1006. Addition of Chief of the National Guard Bureau to the list of + officers providing reports of unfunded priorities. + Subtitle B--Counterdrug Activities -Sec. 1011. Support for counterdrug activities and activities to counter - transnational organized crime affecting - flow of drugs into the United States. -Sec. 1012. Congressional notification with respect to Department of - Defense support provided to other United - States agencies for counterdrug activities - and activities to counter transnational - organized crime. - Subtitle C--Naval Vessels +Sec. 1011. Quarterly reports on Department of Defense support provided + to other United States agencies for counterdrug activities and + activities to counter transnational organized crime. + + Subtitle C--Naval Vessels Sec. 1021. Limitation on availability of certain funds without naval - vessels plan and certification. -Sec. 1022. Limitations on use of funds in the National Defense Sealift - Fund for purchase of foreign constructed - vessels. + vessels plan and certification. +Sec. 1022. Limitations on use of funds in National Defense Sealift Fund + for purchase of foreign constructed vessels. Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally - funded contracts to provide full funding - for Columbia class submarines. -Sec. 1024. Preference for United States vessels in transporting - supplies by sea. + funded contracts to provide full funding for Columbia class + submarines. +Sec. 1024. Preference for United States vessels in transporting supplies + by sea. Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in - foreign shipyards. -Sec. 1026. Biannual report on shipbuilder training and the defense - industrial base. -Sec. 1027. Prohibition on use of funds for retirement of certain - littoral combat ships. -Sec. 1028. Report on implementation of Commandant's Planning Guidance. -Sec. 1029. Limitation on naval force structure changes. + foreign shipyards. +Sec. 1026. Biennial report on shipbuilder training and the defense + industrial base. +Sec. 1027. Modification of waiver authority on prohibition on use of + funds for retirement of certain legacy maritime mine + countermeasure platforms. +Sec. 1028. Extension of authority for reimbursement of expenses for + certain Navy mess operations afloat. +Sec. 1029. Working group on stabilization of Navy shipbuilding + industrial base workforce. +Sec. 1030. Limitation on naval force structure changes. + Subtitle D--Counterterrorism -Sec. 1031. Prohibition on use of funds for transfer or release of - individuals detained at United States Naval - Station, Guantanamo Bay, Cuba, to certain - countries. -Sec. 1032. Annual report on use of social media by foreign terrorist - organizations. - Subtitle E--Miscellaneous Authorities and Limitations +Sec. 1041. Extension of prohibition on use of funds for transfer or + release of individuals detained at United States Naval + Station, Guantanamo Bay, Cuba, to the United States. +Sec. 1042. Extension of prohibition on use of funds to construct or + modify facilities in the United States to house detainees + transferred from United States Naval Station, Guantanamo Bay, + Cuba. +Sec. 1043. Extension of prohibition on use of funds for transfer or + release of individuals detained at United States Naval + Station, Guantanamo Bay, Cuba, to certain countries. +Sec. 1044. Extension of prohibition on use of funds to close or + relinquish control of United States Naval Station, Guantanamo + Bay, Cuba. + + Subtitle E--Miscellaneous Authorities and Limitations + +Sec. 1051. Support of special operations to combat terrorism. +Sec. 1052. Expenditure of funds for Department of Defense clandestine + activities that support operational preparation of the + environment. +Sec. 1053. Sale or donation of excess Department of Defense personal + property for law enforcement activities. +Sec. 1054. Prohibition on retirement of nuclear powered aircraft + carriers before first refueling. +Sec. 1055. Reauthorization of National Oceanographic Partnership + Program. +Sec. 1056. Modification and technical correction to Department of + Defense authority to provide assistance along the southern + land border of the United States. +Sec. 1057. Limitation on use of funds for retirement of A-10 aircraft. +Sec. 1058. Considerations relating to permanently basing United States + equipment or additional forces in host countries with at-risk + vendors in 5G or 6G networks. +Sec. 1059. Public availability of Department of Defense legislative + proposals. +Sec. 1060. Arctic planning, research, and development. +Sec. 1061. Authority to establish a movement coordination center pacific + in the Indo-Pacific region. +Sec. 1062. Limitation on provision of funds to institutions of higher + education hosting Confucius Institutes. +Sec. 1063. Support for national maritime heritage grants program. +Sec. 1064. Requirements for use of Federal law enforcement personnel, + active duty members of the Armed Forces, and National Guard + personnel in support of Federal authorities to respond to + civil disturbances. + + Subtitle F--Studies and Reports + +Sec. 1071. FFRDC study of explosive ordnance disposal agencies. +Sec. 1072. Study on force structure for Marine Corps aviation. +Sec. 1073. Report on joint training range exercises for the Pacific + region. +Sec. 1074. Reports on threats to United States forces from small + unmanned aircraft systems worldwide. +Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving + the budget justification and related materials of the + Department of Defense. +Sec. 1076. Quarterly briefings on Joint All Domain Command and Control + effort. +Sec. 1077. Report on civilian casualty resourcing and authorities. +Sec. 1078. Comptroller General Review of Department of Defense efforts + to prevent resale of goods manufactured by forced labor in + commissaries and exchanges. +Sec. 1079. Comptroller General report on Department of Defense processes + for responding to congressional reporting requirements. + + Subtitle G--Other Matters + +Sec. 1081. Technical, conforming, and clerical amendments. +Sec. 1082. Reporting of adverse events relating to consumer products on + military installations. +Sec. 1083. Modification to First Division monument. +Sec. 1084. Sense of Congress regarding reporting of civilian casualties + resulting from United States military operations. +Sec. 1085. Deployment of real-time status of special use airspace. +Sec. 1086. Duties of Secretary under uniformed and overseas citizens + absentee voting act. +Sec. 1087. Mitigation of military helicopter noise. +Sec. 1088. Congressional expression of support for designation of + National Borinqueneers Day. +Sec. 1089. Ted Stevens Center for Arctic Security Studies. +Sec. 1090. Establishment of vetting procedures and monitoring + requirements for certain military training. +Sec. 1091. Personal protective equipment matters. -Sec. 1041. Support of special operations to combat terrorism. -Sec. 1042. Prohibition on retirement of nuclear powered aircraft - carriers before first refueling. -Sec. 1043. Required minimum inventory of tactical airlift aircraft. -Sec. 1044. Modification and technical correction to Department of - Defense authority to provide assistance - along the southern land border of the - United States. -Sec. 1045. Battlefield airborne communications node certification - requirement. -Sec. 1046. Requirements relating to newest generations of personal - protective equipment. -Sec. 1047. Prohibition on use of funds for retirement of A-10 aircraft. -Sec. 1048. Mandatory criteria for strategic basing decisions. -Sec. 1049. Limitation on use of funds pending public availability of - top-line numbers of deployed members of the - Armed Forces. -Sec. 1050. Limitation on physical move, integration, reassignment, or - shift in responsibility of Marine Forces - Northern Command. -Sec. 1051. Conditions for permanently basing United States equipment or - additional forces in host countries with - at-risk vendors in 5G or 6G networks. -Sec. 1052. Curtailing Insurrection Act Violations of Individuals' - Liberties. -Sec. 1053. Prohibition on use of funds for discriminatory algorithmic - decisionmaking systems. -Sec. 1054. Inclusion of explosive ordnance disposal in special - operations activities. -Sec. 1055. Requirements in connection with use of personnel other than - the militia or the Armed Forces to suppress - interference with State and Federal law. -Sec. 1056. Limitation on deactivation, unmanning, or selling of Army - watercraft assets pending comprehensive - analysis of mobility requirements and - capabilities. TITLE XI--CIVILIAN PERSONNEL MATTERS Subtitle A--General Provisions -Sec. 1101. Family and medical leave amendments. -Sec. 1102. Limitation on authority to exclude employees from chapter 71 - of title 5. -Sec. 1103. Authority to provide travel and transportation allowances in - connection with transfer ceremonies of - department of defense and coast guard - civilian employees who die overseas. -Sec. 1104. One-year extension of authority to waive annual limitation - on premium pay and aggregate limitation on - pay for federal civilian employees working - overseas. -Sec. 1105. One-year extension of temporary authority to grant - allowances, benefits, and gratuities to - civilian personnel on official duty in a - combat zone. -Sec. 1106. Limiting the number of local wage areas defined within a pay - locality. -Sec. 1107. Civilian Faculty At the Defense Security Cooperation - University and Institute of Security - Governance. -Sec. 1108. Expansion of authority for appointment of recently-retired - members of the armed forces to positions at - certain industrial base facilities. -Sec. 1109. Fire Fighters Alternative Work Schedule demonstration - project. +Sec. 1101. Department of Defense policy on unclassified workspaces and + job functions of personnel with pending security clearances. +Sec. 1102. Enhancement of public-private talent exchange programs in the + Department of Defense. +Sec. 1103. Paid parental leave technical corrections. +Sec. 1104. Authority to provide travel and transportation allowances in + connection with transfer ceremonies of certain civilian + employees who die overseas. +Sec. 1105. One-year extension of authority to waive annual limitation on + premium pay and aggregate limitation on pay for Federal + civilian employees working overseas. +Sec. 1106. One-year extension of temporary authority to grant + allowances, benefits, and gratuities to civilian personnel on + official duty in a combat zone. +Sec. 1107. Civilian faculty at the Defense Security Cooperation + University and Institute of Security Governance. +Sec. 1108. Temporary authority to appoint retired members of the Armed + Forces to positions in the Department of Defense. +Sec. 1109. Fire fighters alternative work schedule demonstration project + for the Navy Region Mid-Atlantic Fire and Emergency Services. Sec. 1110. Special rules for certain monthly workers' compensation - payments and other payments for Federal - Government personnel under chief of mission - authority. -Sec. 1111. Restoration of annual leave due to a pandemic. -Sec. 1112. Prohibition on downloading or using TikTok by Federal - employees. -Sec. 1113. Telework travel expenses program of the United States Patent - and Trademark Office. -Sec. 1114. Extension of rate of overtime pay authority for Department - of the Navy employees performing work - aboard or dockside in support of the - nuclear-powered aircraft carrier forward - deployed in Japan. -Sec. 1115. Vacancy of Inspector General positions. -Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act - of 2020 - -Sec. 1121. Short title. -Sec. 1122. Sense of Congress. -Sec. 1123. Notification of violation. -Sec. 1124. Reporting requirements. -Sec. 1125. Data to be posted by employing Federal agencies. -Sec. 1126. Data to be posted by the Equal Employment Opportunity - Commission. -Sec. 1127. Notification and Federal Employee Antidiscrimination and - Retaliation Act of 2002 amendments. -Sec. 1128. Nondisclosure agreement limitation. - Subtitle C--Office of the National Cyber Director + payments and other payments for Federal Government personnel + under chief of mission authority. +Sec. 1111. Temporary increase in limitation on accumulation of annual + leave for Executive branch employees. +Sec. 1112. Telework travel expenses program of the United States Patent + and Trademark Office. +Sec. 1113. Extension of rate of overtime pay authority for Department of + the Navy employees performing work aboard or dockside in + support of the nuclear-powered aircraft carrier forward + deployed in Japan. +Sec. 1114. Enhanced pay authority for certain acquisition and technology + positions in the Department of Defense. +Sec. 1115. Enhanced pay authority for certain research and technology + positions in the science and technology reinvention + laboratories of the Department of Defense. +Sec. 1116. Extension of enhanced appointment and compensation authority + for civilian personnel for care and treatment of wounded and + injured members of the armed forces. +Sec. 1117. Expansion of direct hire authority for certain Department of + Defense personnel to include installation military housing + office positions supervising privatized military housing. +Sec. 1118. Extension of sunset of inapplicability of certification of + executive qualifications by qualification certification review + board of office of personnel management for initial + appointments to senior executive service positions in + department of defense. +Sec. 1119. Pilot program on enhanced pay authority for certain high- + level management positions in the Department of Defense. +Sec. 1120. Recruitment incentives for placement at remote locations. +Sec. 1121. Technical amendments regarding reimbursement of Federal, + State, and local income taxes incurred during travel, + transportation, and relocation. + + Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act + of 2020 Sec. 1131. Short title. -Sec. 1132. National Cyber Director. +Sec. 1132. Sense of Congress. +Sec. 1133. Notification of violation. +Sec. 1134. Reporting requirements. +Sec. 1135. Data to be posted by employing Federal agencies. +Sec. 1136. Data to be posted by the Equal Employment Opportunity + Commission. +Sec. 1137. Notification and Federal Employee Antidiscrimination and + Retaliation Act of 2002 amendments. +Sec. 1138. Nondisclosure agreement limitation. + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS - Subtitle A--Assistance and Training + Subtitle A--Assistance and Training + +Sec. 1201. Authority to build capacity for additional operations. +Sec. 1202. Participation in European program on multilateral exchange of + surface transportation services. +Sec. 1203. Participation in programs relating to coordination or + exchange of air refueling and air transportation services. +Sec. 1204. Reciprocal patient movement agreements. +Sec. 1205. Modification to the Inter-European Air Forces Academy. +Sec. 1206. Modification of authority for participation in multinational + centers of excellence. +Sec. 1207. Modification and extension of support of special operations + for irregular warfare. +Sec. 1208. Extension of authority to transfer excess high mobility + multipurpose wheeled vehicles to foreign countries. +Sec. 1209. Modification and extension of update of Department of Defense + Freedom of Navigation Report. +Sec. 1210. Extension and modification of authority to support border + security operations of certain foreign countries. +Sec. 1210A. Extension of Department of Defense support for stabilization + activities in national security interest of the United States. +Sec. 1210B. Extension of report on workforce development. +Sec. 1210C. Plan to increase participation in international military + education and training programs. +Sec. 1210D. Mitigation and prevention of atrocities in high-risk + countries. +Sec. 1210E. Implementation of the Women, Peace, and Security Act of + 2017. -Sec. 1201. Modification and extension of support of special operations - for irregular warfare. -Sec. 1202. Department of Defense participation in European Program on - Multilateral Exchange of Surface - Transportation Services. -Sec. 1203. Extension of authority to transfer excess high mobility - multipurpose wheeled vehicles to foreign - countries. -Sec. 1204. Modification and extension of update of Department of - Defense Freedom of Navigation Report. -Sec. 1205. Extension of report on workforce development. -Sec. 1206. Report on human rights and building partner capacity - programs. -Sec. 1207. Extension of Department of Defense support for stabilization - activities in national security interest of - the United States. Subtitle B--Matters Relating to Afghanistan and Pakistan Sec. 1211. Extension and modification of authority for reimbursement of - certain coalition nations for support - provided to United States military - operations. + certain coalition nations for support provided to United + States military operations. Sec. 1212. Extension of the Afghan Special Immigrant Visa Program. -Sec. 1213. Limitation on use of funds to reduce deployment to - Afghanistan. -Sec. 1214. Report on Operation Freedom Sentinel. -Sec. 1215. Modifications to immunity from seizure under judicial - process of cultural objects. -Sec. 1216. Strategy for post-conflict engagement by the United States - in Afghanistan. +Sec. 1213. Extension and modification of support for reconciliation + activities led by the Government of Afghanistan. +Sec. 1214. Extension and modification of Commanders' Emergency Response + Program. +Sec. 1215. Limitation on use of funds to reduce deployment to + Afghanistan. +Sec. 1216. Modifications to immunity from seizure under judicial process + of cultural objects. Sec. 1217. Congressional oversight of United States talks with Taliban - officials and Afghanistan's comprehensive - peace process. -Sec. 1218. Report on civilian casualties in Afghanistan. - Subtitle C--Matters Relating to Syria, Iraq, and Iran - -Sec. 1221. Extension and modification of authority to provide - assistance to counter the Islamic State of - Iraq and Syria. -Sec. 1222. Extension of authority to provide assistance to the vetted - Syrian opposition. -Sec. 1223. Extension of authority to support operations and activities - of the Office of Security Cooperation in - Iraq. + officials and Afghanistan's comprehensive peace process. +Sec. 1218. Strategy for post-conflict engagement on human rights in + Afghanistan. +Sec. 1219. Modification to report on enhancing security and stability in + Afghanistan. +Sec. 1220. Report on Operation Freedom's Sentinel. + + Subtitle C--Matters Relating to Syria, Iraq, and Iran + +Sec. 1221. Extension and modification of authority to provide assistance + to counter the Islamic State of Iraq and Syria. +Sec. 1222. Extension and modification of authority to provide assistance + to vetted Syrian groups and individuals. +Sec. 1223. Extension and modification of authority to support operations + and activities of the Office of Security Cooperation in Iraq. Sec. 1224. Prohibition on provision of weapons and other forms of - support to certain organizations. -Sec. 1225. Consolidated budget display and report on Operation Spartan - Shield. -Sec. 1226. Sense of Congress on Peshmerga forces as a partner in - Operation Inherent Resolve. -Sec. 1227. Report on the threat posed by Iranian-backed militias in - Iraq. - Subtitle D--Matters Relating to Russia + support to certain organizations. +Sec. 1225. Report and budget details regarding Operation Spartan Shield. -Sec. 1231. Prohibition on availability of funds relating to sovereignty - of the Russian Federation over Crimea. -Sec. 1232. Extension of limitation on military cooperation between the - United States and the Russian Federation. -Sec. 1233. Modification and extension of Ukraine Security Assistance - Initiative. -Sec. 1234. United States participation in the Open Skies Treaty. -Sec. 1235. Sense of Congress on support for Ukraine. -Sec. 1236. Report on presence of Russian military forces in other - foreign countries. -Sec. 1237. Sense of Congress on the Open Skies Treaty. -Sec. 1238. Countering Russian and Other Overseas Kleptocracy. -Sec. 1239. Report on threats to the United States Armed Forces from the - Russian Federation. - Subtitle E--Matters Relating to Europe and NATO - -Sec. 1241. Limitations on use of funds to reduce the total number of - members of the Armed Forces serving on - active duty who are stationed in Germany, - to reduce the total number of members of - the Armed Forces stationed in Europe, and - to divest military infrastructure in - Europe. -Sec. 1242. Sense of Congress reaffirming the commitment of the United - States to NATO. -Sec. 1243. Sense of Congress on support for coordinated action to - ensure the security of Baltic allies. -Sec. 1244. Sense of Congress on support for Estonia, Latvia, and - Lithuania. -Sec. 1245. Sense of Congress on support for Georgia. -Sec. 1246. Sense of Congress on burden sharing by partners and allies. -Sec. 1247. Sense of Congress on NATO's response to the COVID-19 - pandemic. -Sec. 1248. Clarification and expansion of sanctions relating to - construction of Nord Stream 2 or Turkstream - pipeline projects. -Sec. 1249. Coordination of stockpiles with the North Atlantic Treaty - Organization and other allies. - Subtitle F--Matters Relating to the Indo-Pacific Region + Subtitle D--Matters Relating to Russia -Sec. 1251. Indo-Pacific Reassurance Initiative. -Sec. 1252. Limitation on use of funds to reduce the total number of - members of the Armed Forces serving on - active duty who are deployed to South - Korea. -Sec. 1253. Implementation of GAO recommendations on preparedness of - United States forces to counter North - Korean chemical and biological weapons. -Sec. 1254. Public reporting of Chinese military companies operating in - the United States. -Sec. 1255. Independent study on the defense industrial base of the - People's Republic of China. -Sec. 1256. Deterrence strategy against Chinese-origin cyber attacks. -Sec. 1257. Report on China's One Belt, One Road Initiative in Africa. -Sec. 1258. Sense of Congress on enhancement of the United States-Taiwan - defense relationship. -Sec. 1259. Report on supply chain security cooperation with Taiwan. -Sec. 1260. Report on United States-Taiwan medical security partnership. -Sec. 1260A. Report on United Front Work Department. -Sec. 1260B. Sense of Congress on cross-border violence between the - People's Republic of China and India and - the growing territorial claims of China. -Sec. 1260C. Sense of Congress on United States commitments to Pacific - allies. -Sec. 1260D. Restrictions on export, reexport, and in-country transfers - of certain items that provide a critical - capability to the Government of the - People's Republic of China to suppress - individual privacy, freedom, and other - basic human rights. -Sec. 1260E. Prohibition on commercial export of covered defense - articles and services and covered munitions - items to the Hong Kong Police. -Sec. 1260F. Southeast Asia Strategy. -Sec. 1260G. Sense of Congress on strategic security relationship - between the United States and Mongolia. - Subtitle G--Other Matters +Sec. 1231. Extension of limitation on military cooperation between the + United States and the Russian Federation. +Sec. 1232. Matters relating to United States participation in the Open + Skies Treaty. +Sec. 1233. Prohibition on availability of funds relating to sovereignty + of the Russian Federation over Crimea. +Sec. 1234. Annual report on military and security developments involving + the Russian Federation. +Sec. 1235. Modification and extension of Ukraine Security Assistance + Initiative. +Sec. 1236. Report on capability and capacity requirements of military + forces of Ukraine and resource plan for security assistance. +Sec. 1237. Report on Russian Federation support of racially and + ethnically motivated violent extremists. +Sec. 1238. Authorization of rewards for providing information on foreign + election interference. + + Subtitle E--Matters Relating to Europe and NATO + +Sec. 1241. Determination and imposition of sanctions with respect to + Turkey's acquisition of the S-400 air defense system. +Sec. 1242. Clarification and expansion of sanctions relating to + construction of Nord Stream 2 or TurkStream pipeline projects. +Sec. 1243. Extension of authority for training for Eastern European + national security forces in the course of multilateral + exercises. +Sec. 1244. Sense of Congress on support for the North Atlantic Treaty + Organization. +Sec. 1245. Limitation on United States force structure reductions in + Germany. +Sec. 1246. Report on United States military force posture in + Southeastern Europe. +Sec. 1247. Sense of Congress on support for coordinated action to ensure + the security of Baltic allies. +Sec. 1248. Sense of Congress on the role of the Kosovo Force of the + North Atlantic Treaty Organization. + + Subtitle F--Matters Relating to the Indo-Pacific Region + +Sec. 1251. Pacific Deterrence Initiative. +Sec. 1252. Extension and modification of prohibition on commercial + export of certain covered munitions items to the Hong Kong + Police Force. +Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup. +Sec. 1254. Cooperative program with Vietnam to account for Vietnamese + personnel missing in action. +Sec. 1255. Sense of Congress on the United States-Vietnam defense + relationship. +Sec. 1256. Pilot program to improve cyber cooperation with Vietnam, + Thailand, and Indonesia. +Sec. 1257. Report on the costs most directly associated with the + stationing of the Armed Forces in Japan. +Sec. 1258. Limitation on use of funds to reduce the total number of + members of the Armed Forces serving on active duty who are + deployed to South Korea. +Sec. 1259. Implementation of GAO recommendations on preparedness of + United States forces to counter North Korean chemical and + biological weapons. +Sec. 1260. Statement of policy and sense of Congress on the Taiwan + Relations Act. +Sec. 1260A. Annual briefing on Taiwan arms sales. +Sec. 1260B. Report on United States-Taiwan medical security partnership. +Sec. 1260C. Establishment of capabilities to assess the defense + technological and industrial bases of China and other foreign + adversaries. +Sec. 1260D. Extension of annual report on military and security + developments involving the People's Republic of China. +Sec. 1260E. Sense of Congress on the aggression of the Government of + China along the border with India and its growing territorial + claims. +Sec. 1260F. Assessment of National Cyber Strategy to deter China from + engaging in industrial espionage and cyber theft. +Sec. 1260G. Report on United Front Work Department. +Sec. 1260H. Public reporting of Chinese military companies operating in + the United States. +Sec. 1260I. Report on directed use of fishing fleets. + + Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal + Transparency Act of 2020 -Sec. 1261. Provision of goods and services to Kwajalein Atoll. -Sec. 1262. Annual briefings on certain foreign military bases of - adversaries. -Sec. 1263. Report on progress of the Department of Defense with respect - to denying a fait accompli by a strategic - competitor against a covered defense - partner. -Sec. 1264. Modification to requirements of the initiative to support - protection of national security academic - researchers from undue influence and other - security threats. -Sec. 1265. Report on directed use of fishing fleets. -Sec. 1266. Expanding the state partnership program in Africa. -Sec. 1267. Report relating to reduction in the total number of United - States Armed Forces deployed to United - States Africa Command area of - responsibility. -Sec. 1268. Report on enhancing partnerships between the United States - and African countries. -Sec. 1269. Sense of Congress with respect to Qatar. -Sec. 1270. Sense of Congress on United States military support for and - participation in the Multinational Force - and Observers. -Sec. 1271. Report on us military support of the Saudi-led coalition in - Yemen. -Sec. 1272. Prohibition on support for military participation against - the Houthis. -Sec. 1273. Rule of construction relating to use of military force. -Sec. 1274. Countering white identity terrorism globally. -Sec. 1275. Yemen. -Sec. 1276. Establishment of the Office of Subnational Diplomacy. -Sec. 1277. Report and strategy to address gross violations of human - rights and civilian harm in Burkina Faso, - Mali, and Niger. -Sec. 1278. Assessment of effectiveness of United States policies - relating to exports of United States-origin - Unmanned Aerial Systems that are assessed - to be ``Category I'' items under the - Missile Technology Control Regime. -Sec. 1279. Sense of Congress on the United States Israel relationship. -Sec. 1280. Feasibility study on increased rotational deployments to - Greece and enhancement of United States- - Greece diplomatic engagement. -Sec. 1281. Report on internally displaced peoples in Ukraine, Georgia, - Moldova, and Azerbaijan. -Sec. 1282. Sense of Congress on cross-border violence in the Galwan - Valley and the growing territorial claims - of the People's Republic of China. -Sec. 1283. Enhancing Engagement with the Caribbean. -Sec. 1284. Amendments to annual Country Reports on Human Rights - Practices. -Sec. 1285. Establishment of National Commission on U.S. - Counterterrorism Policy. -Sec. 1286. Program to prevent, mitigate, and respond to civilian harm - as a result of military operations in - Somalia. -Sec. 1287. Sense of Congress regarding Japan and SMA report draft. -Sec. 1288. Sense of Congress relating to Grand Ethiopian Renaissance - Dam. -Sec. 1289. Report on all comprehensive sanctions imposed on foreign - governments. -Sec. 1290. Limitation on assistance to Brazil. -Sec. 1291. United States Agency for Global Media. -Sec. 1292. Determination and imposition of sanctions with respect to - Turkey's acquisition of the S-400 air and - missile defense system. -Sec. 1293. Report on incidents of arbitrary detention, violence, and - state-sanctioned harassment by the - Government of Egypt against United States - citizens and their family members who are - not United States citizens. -Sec. 1294. Establishment of the Open Technology Fund. -Sec. 1295. Sense of Congress on payment of amounts owed by Kuwait to - United States medical institutions. -Sec. 1296. Protection and promotion of internationally recognized human - rights during the novel coronavirus - pandemic. -Sec. 1297. Review of Department of Defense compliance with ``Principles - Related to the Protection of Medical Care - Provided by Impartial Humanitarian - Organizations During Armed Conflicts''. -Sec. 1298. Promoting human rights in Colombia. -Sec. 1299. Waiver of passport fees for certain individuals. -Sec. 1299A. Report on Venezuela. -Sec. 1299B. Prohibition on use of funds for aerial fumigation. -Sec. 1299C. Report on support for democratic reforms by the Government - of the Republic of Georgia. -Sec. 1299D. Assessment on modernization targets of the People's - Liberation Army. -Sec. 1299E. Mitigation and prevention of atrocities in high-risk - countries. -Sec. 1299F. Resumption of Peace Corps operations. -Sec. 1299G. Transfer of excess naval vessels to the Government of - Egypt. -Sec. 1299H. Limitation on production of nuclear proliferation - assessment statements. -Sec. 1299I. Report on Mexican Security Forces. -Sec. 1299J. Matters relating to Cooperative Threat Reduction programs - and weapons of mass destruction terrorism. +Sec. 1261. Short title. +Sec. 1262. Definitions. +Sec. 1263. Statement of policy. +Sec. 1264. Support for democratic governance, rule of law, human rights, + and fundamental freedoms. +Sec. 1265. Support for development programs. +Sec. 1266. Support for conflict mitigation. +Sec. 1267. Support for accountability for war crimes, crimes against + humanity, and genocide in Sudan. +Sec. 1268. Suspension of assistance. +Sec. 1269. Multilateral assistance. +Sec. 1270. Coordinated support to recover assets stolen from the + Sudanese people. +Sec. 1270A. Limitation on assistance to the Sudanese security and + intelligence services. +Sec. 1270B. Reports. +Sec. 1270C. United States strategy for support to a civilian-led + government in Sudan. +Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of + 2006. +Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in + Sudan Act. + + Subtitle H--United States Israel Security Assistance Authorization Act + of 2020 + +Sec. 1271. Short title. +Sec. 1272. Sense of Congress on United States-Israel relationship. +Sec. 1273. Security assistance for Israel. +Sec. 1274. Extension of war reserves stockpile authority. +Sec. 1275. Rules governing the transfer of precision-guided munitions to + Israel above the annual restriction. +Sec. 1276. Eligibility of Israel for the strategic trade authorization + exception to certain export control licensing requirements. +Sec. 1277. United States Agency for International Development memoranda + of understanding to enhance cooperation with Israel. +Sec. 1278. Cooperative projects among the United States, Israel, and + developing countries. +Sec. 1279. Joint cooperative program related to innovation and high-tech + for the Middle East region. +Sec. 1280. Cooperation on directed energy capabilities. +Sec. 1280A. Other matters of cooperation. +Sec. 1280B. Appropriate congressional committees defined. + + Subtitle I--Global Child Thrive Act of 2020 + +Sec. 1281. Short title. +Sec. 1282. Sense of Congress. +Sec. 1283. Assistance to improve early childhood outcomes globally. +Sec. 1284. Special advisor for assistance to orphans and vulnerable + children. +Sec. 1285. Rule of construction. + + Subtitle J--Matters Relating to Africa and the Middle East + +Sec. 1291. Briefing and report relating to reduction in the total number + of United States Armed Forces deployed to United States Africa + Command area of responsibility. +Sec. 1292. Notification with respect to withdrawal of members of the + Armed Forces participating in the Multinational Force and + Observers in Egypt. +Sec. 1293. Report on enhancing security partnerships between the United + States and African countries. +Sec. 1294. Plan to address gross violations of human rights and civilian + harm in Burkina Faso, Chad, Mali, and Niger. +Sec. 1295. Statement of policy and report relating to the conflict in + Yemen. +Sec. 1296. Report on United States military support of the Saudi-led + coalition in Yemen. +Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to + United States medical institutions. + + Subtitle K--Other Matters + +Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic + of the Marshall Islands. +Sec. 1299B. Report on contributions received from designated countries. +Sec. 1299C. Modification to initiative to support protection of national + security academic researchers from undue influence and other + security threats. +Sec. 1299D. Extension of authorization of non-conventional assisted + recovery capabilities. +Sec. 1299E. Annual briefings on certain foreign military bases of + adversaries. +Sec. 1299F. Countering white identity terrorism globally. +Sec. 1299G. Report on progress of the Department of Defense with respect + to denying the strategic goals of a competitor against a + covered defense partner. +Sec. 1299H. Comparative studies on defense budget transparency of the + People's Republic of China, the Russian Federation, and the + United States. +Sec. 1299I. Assessment of weapons of mass destruction terrorism. +Sec. 1299J. Review of Department of Defense compliance with ``Principles + Related to the Protection of Medical Care Provided by + Impartial Humanitarian Organizations During Armed Conflicts''. Sec. 1299K. Certification relating to assistance for Guatemala. -Sec. 1299L. Report on foreign influence campaigns targeting United - States Federal elections. - Subtitle H--Global Child Thrive Act of 2020 - -Sec. 1299M-1. Short title. -Sec. 1299M-2. Sense of Congress. -Sec. 1299M-3. Assistance to improve early childhood outcomes globally. -Sec. 1299M-4. Special advisor for assistance to orphans and vulnerable - children. -Sec. 1299M-5. Rule of construction. - Subtitle I--Global Health Security Act of 2020 - -Sec. 1299N-1. Short title. -Sec. 1299N-2. Global Health Security Agenda Interagency Review Council. -Sec. 1299N-3. United States Coordinator for Global Health Security. -Sec. 1299N-4. Strategy and reports. -Sec. 1299N-5. Compliance with the Foreign Aid Transparency and - Accountability Act of 2016. -Sec. 1299N-6. Definitions. -Sec. 1299N-7. Sunset. - Subtitle J--United States Nationals Unlawfully or Wrongfully Detained - Abroad - -Sec. 1299O-1. Short title. -Sec. 1299O-2. Assistance for United States nationals unlawfully or - wrongfully detained abroad. -Sec. 1299O-3. Special Envoy for Hostage Affairs. -Sec. 1299O-4. Hostage Recovery Fusion Cell. -Sec. 1299O-5. Hostage Response Group. -Sec. 1299O-6. Authorization of imposition of sanctions. -Sec. 1299O-7. Definitions. -Sec. 1299O-8. Rule of construction. - Subtitle K--Matters Relating to the Northern Triangle - -Sec. 1299P-1. Actions to advance prosperity in the Northern Triangle. -Sec. 1299P-2. Actions to combat corruption in the Northern Triangle. -Sec. 1299P-3. Actions to strengthen democratic institutions in the - Northern Triangle. -Sec. 1299P-4. Actions to improve security conditions in the Northern - Triangle. -Sec. 1299P-5. Targeted sanctions to fight corruption in the Northern - Triangle. -Sec. 1299P-6. Definitions. - Subtitle L--Additional Matters Relating to NATO Allies and Partners - -Sec. 1299Q-1. Foreign military loan authority. -Sec. 1299Q-2. Authorization of rewards for providing information on - foreign election interference. -Sec. 1299Q-3. Report on NATO member contributions. -Sec. 1299Q-4. Report on capability and capacity requirements of - military forces of Ukraine and resource - plan for security assistance. -Sec. 1299Q-5. Efforts to counter malign authoritarian influence. - Subtitle M--Sudan Democratic Transition, Accountability, and Fiscal - Transparency Act of 2020 +Sec. 1299L. Functional Center for Security Studies in Irregular Warfare. +Sec. 1299M. United States-Israel operations-technology cooperation + within the United States-Israel Defense Acquisition Advisory + Group. +Sec. 1299N. Payment of passport fees for certain individuals. +Sec. 1299O. Resumption of Peace Corps operations. +Sec. 1299P. Establishment of the Open Technology Fund. +Sec. 1299Q. United States Agency for Global Media. +Sec. 1299R. Leveraging information on foreign traffickers. +Sec. 1299S. Rule of construction relating to use of military force. -Sec. 1299R-1. Short title. -Sec. 1299R-2. Definitions. -Sec. 1299R-3. Statement of policy. -Sec. 1299R-4. Support for democratic governance, rule of law, human - rights, and fundamental freedoms. -Sec. 1299R-5. Support for development programs. -Sec. 1299R-6. Support for conflict mitigation. -Sec. 1299R-7. Support for accountability for war crimes, crimes against - humanity, and genocide in Sudan. -Sec. 1299R-8. Suspension of assistance. -Sec. 1299R-9. Multilateral assistance. -Sec. 1299R-10. Coordinated support to recover assets stolen from the - Sudanese people. -Sec. 1299R-11. Limitation on assistance to the Sudanese security and - intelligence services. -Sec. 1299R-12. Authorization of imposition of sanctions with respect to - certain Government of Sudan officials and - other individuals. -Sec. 1299R-13. Reports. -Sec. 1299R-14. United States strategy for support to a civilian-led - government in Sudan. -Sec. 1299R-15. Amendments to the Darfur Peace and Accountability Act of - 2006. -Sec. 1299R-16. Repeal of Sudan Peace Act and the Comprehensive Peace in - Sudan Act. - Subtitle N--Afghanistan Security and Reconstruction Transparency Act - -Sec. 1299S-1. Short title. -Sec. 1299S-2. Public availability of data pertaining to measures of - performance of the Afghan National Defense - and Security Forces. -Sec. 1299S-3. District-level stability assessments of Afghan government - and insurgent control and influence. - Subtitle O--LIFT Act - -Sec. 1299T-1. Short title. -Sec. 1299T-2. Sense of Congress. -Sec. 1299T-3. Annual deadline for trafficking in persons report. -Sec. 1299T-4. United States Advisory Council on Human Trafficking. -Sec. 1299T-5. Timely provision of information to the Office to Monitor - and Combat Trafficking in Persons of the - Department of State. -Sec. 1299T-6. Reports to Congress. -Sec. 1299T-7. Definitions. TITLE XIII--COOPERATIVE THREAT REDUCTION Sec. 1301. Funding allocations; specification of cooperative threat - reduction funds. -Sec. 1302. Sense of Congress regarding biological threat reduction and - cooperative biological engagement of the - Cooperative Threat Reduction Program. - TITLE XIV--OTHER AUTHORIZATIONS + reduction funds. - Subtitle A--Military Programs + TITLE XIV--OTHER AUTHORIZATIONS + + Subtitle A--Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical agents and munitions destruction, defense. Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense health program. -Sec. 1406. National defense sealift fund. - Subtitle B--Other Matters -Sec. 1411. Authority for transfer of funds to joint Department of - Defense-Department of Veterans Affairs - medical facility demonstration fund for - Captain James A. Lovell Health Care Center, - Illinois. -Sec. 1412. Authorization of appropriations for Armed Forces Retirement - Home. + Subtitle B--Armed Forces Retirement Home + +Sec. 1411. Authorization of appropriations for Armed Forces Retirement + Home. +Sec. 1412. Expansion of eligibility for residence at the Armed Forces + Retirement Home. +Sec. 1413. Periodic inspections of Armed Forces Retirement Home + facilities by nationally recognized accrediting organization. + + Subtitle C--Other Matters + +Sec. 1421. Authority for transfer of funds to joint Department of + Defense-Department of Veterans Affairs medical facility + demonstration fund for Captain James A. Lovell Health Care + Center, Illinois. + TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS - Subtitle A--Authorization of Appropriations + Subtitle A--Authorization of Appropriations Sec. 1501. Purpose. -Sec. 1502. Procurement. -Sec. 1503. Research, development, test, and evaluation. -Sec. 1504. Operation and maintenance. -Sec. 1505. Military personnel. -Sec. 1506. Working capital funds. -Sec. 1507. Drug interdiction and counter-drug activities, defense-wide. -Sec. 1508. Defense Inspector General. -Sec. 1509. Defense Health Program. - Subtitle B--Financial Matters +Sec. 1502. Overseas contingency operations. +Sec. 1503. Procurement. +Sec. 1504. Research, development, test, and evaluation. +Sec. 1505. Operation and maintenance. +Sec. 1506. Military personnel. +Sec. 1507. Working capital funds. +Sec. 1508. Drug interdiction and counter-drug activities, defense-wide. +Sec. 1509. Defense Inspector General. +Sec. 1510. Defense Health Program. + + Subtitle B--Financial Matters Sec. 1511. Treatment as additional authorizations. Sec. 1512. Special transfer authority. - Subtitle C--Other Matters -Sec. 1521. Afghanistan security forces fund. -Sec. 1522. Report on transitioning funding. - TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + Subtitle C--Other Matters + +Sec. 1521. Afghanistan Security Forces Fund. + + TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE + MATTERS Subtitle A--Space Activities -Sec. 1601. National Security Space Launch program. -Sec. 1602. Requirement to buy certain satellite component from national - technology and industrial base. -Sec. 1603. Commercial space domain awareness capabilities. -Sec. 1604. Responsive satellite infrastructure. -Sec. 1605. Policy to ensure launch of small-class payloads. -Sec. 1606. Tactically responsive space launch operations. -Sec. 1607. Limitation on availability of funds for prototype program - for multi-global navigation satellite - system receiver development. -Sec. 1608. Limitation on awarding contracts to entities operating - commercial terrestrial communication - networks that cause interference with the - Global Positioning System. -Sec. 1609. Prohibition on availability of funds for certain purposes - relating to the Global Positioning System. -Sec. 1610. Report on resilient protected communications satellites. -Sec. 1610A. Permanent personnel management authority for Space - Development Agency for experts in science - and engineering. -Sec. 1610B. Report on effect of COVID-19 on space industrial base and - space programs of Department of Defense. -Sec. 1610C. Satellite ground network frequency licensing. - Subtitle B--Defense Intelligence and Intelligence-Related Activities +Sec. 1601. Space Development Agency development requirements and + transfer to Space Force. +Sec. 1602. Personnel management authority for Space Development Agency + for experts in science and engineering. +Sec. 1603. Requirement to buy certain satellite component from national + technology and industrial base. +Sec. 1604. Conforming amendments relating to reestablishment of Space + Command. +Sec. 1605. Clarification of authority for procurement of commercial + satellite communications services. +Sec. 1606. National Security Space Launch program. +Sec. 1607. Commercial space domain awareness capabilities. +Sec. 1608. Policy to ensure launch of small-class payloads. +Sec. 1609. Tactically responsive space launch operations. +Sec. 1610. Limitation on availability of funds for prototype program for + multi-global navigation satellite system receiver development. +Sec. 1611. Resilient and survivable positioning, navigation, and timing + capabilities. +Sec. 1612. Leveraging commercial satellite remote sensing. +Sec. 1613. Strategy to strengthen civil and national security + capabilities and operations in space. +Sec. 1614. Report and strategy on space competition with China. -Sec. 1611. Validation of capability requirements of National - Geospatial-Intelligence Agency. -Sec. 1612. Safety of navigation mission of the National Geospatial- - Intelligence Agency. -Sec. 1613. National Academies Climate Security Roundtable. -Sec. 1614. Report on risk to national security posed by quantum - computing technologies. - Subtitle C--Cyberspace-Related Matters - -Sec. 1621. Cyber mission forces and cyberspace operations forces. -Sec. 1622. Cyberspace solarium commission. -Sec. 1623. Tailored cyberspace operations organizations. -Sec. 1624. Responsibility for the Sector Risk Management Agency - function of the Department of Defense. -Sec. 1625. Department of Defense Cyber Workforce Efforts. -Sec. 1626. Reporting requirements for cross domain compromises and - exemptions to policies for information - technology. -Sec. 1627. Assessing private-public collaboration in cybersecurity. -Sec. 1628. Cyber capabilities and interoperability of the National - Guard. -Sec. 1629. Evaluation of non-traditional cyber support to the - Department of Defense. -Sec. 1630. Establishment of integrated cyber center. -Sec. 1631. Cyber threat information collaboration environment. -Sec. 1632. Defense industrial base participation in a threat - intelligence sharing program. -Sec. 1633. Assistance for small manufacturers in the defense industrial - supply chain on matters relating to - cybersecurity. -Sec. 1634. Defense industrial base cybersecurity threat hunting and - sensing, discovery, and mitigation. -Sec. 1635. Defense Digital Service. -Sec. 1636. Limitation of funding for National Defense University. -Sec. 1637. Critical infrastructure cyber incident reporting procedures. -Sec. 1638. Funding for National Center for Hardware and Embedded - Systems Security and Trust. -Sec. 1639. Strengthening Federal networks. -Sec. 1640. DOD Cyber Hygiene and Cybersecurity Maturity Model - Certification Framework. -Sec. 1640A. Subpoena authority. -Sec. 1640B. Extension of sunset for pilot program on regional - cybersecurity training center for the Army - National Guard. -Sec. 1640C. CISA Cybersecurity Support to Agencies. -Sec. 1640D. Establishment in DHS of joint cyber planning office. -Sec. 1640E. Implementation of certain cybersecurity recommendations; - cyber hygiene and Cybersecurity Maturity - Model Certification Framework. -Sec. 1640F. Biennial national cyber exercise. - Subtitle D--Nuclear Forces - -Sec. 1641. Coordination in transfer of funds by Department of Defense - to National Nuclear Security - Administration. -Sec. 1642. Exercises of nuclear command, control, and communications - system. -Sec. 1643. Independent studies on nuclear weapons programs of certain - foreign states. -Sec. 1644. Role of Secretary of Defense and Secretary of Energy on - Nuclear Weapons Council. -Sec. 1645. Limitation on availability of funds relating to updates on - meetings held by Nuclear Weapons Council. -Sec. 1646. Briefing on nuclear weapons storage and maintenance - facilities of the Air Force. - Subtitle E--Missile Defense Programs - -Sec. 1651. Extension and modification of requirement for Comptroller - General of the United States review and - assessment of missile defense acquisition - programs. -Sec. 1652. Extension of transition of ballistic missile defense - programs to military departments. -Sec. 1653. Development of hypersonic and ballistic missile tracking - space sensor payload. -Sec. 1654. Annual certification on hypersonic and ballistic missile - tracking space sensor payload. -Sec. 1655. Alignment of the Missile Defense Agency within the - Department of Defense. -Sec. 1656. Analysis of alternatives for homeland missile defense - missions. -Sec. 1657. Next generation interceptors. -Sec. 1658. Oversight of next generation interceptor program. -Sec. 1659. Missile defense cooperation between the United States and - Israel. -Sec. 1660. Report on defense of Guam from integrated air and missile - threats. -Sec. 1661. Report on cruise missile defense. - Subtitle F--Other Matters + Subtitle B--Defense Intelligence and Intelligence-Related Activities -Sec. 1671. Conventional prompt global strike. -Sec. 1672. Submission of reports under Missile Defense Review and - Nuclear Posture Review. -Sec. 1673. Report on consideration of risks of inadvertent escalation - to nuclear war. -Sec. 1674. Limitation on availability of funds relating to reports on - missile systems and arms control treaties. -Sec. 1675. Cybersecurity and Infrastructure Security Agency review. - TITLE XVII--REPORTS AND OTHER MATTERS - - Subtitle A--Studies and Reports - -Sec. 1701. Review of support of special operations to combat terrorism. -Sec. 1702. FFRDC study of explosive ordnance disposal agencies. -Sec. 1703. Report on the Human Rights Office at United States Southern - Command. -Sec. 1704. Report on joint training range exercises for the Pacific - region. -Sec. 1705. Study on Chinese policies and influence in the development - of international standards for emerging - technologies. -Sec. 1706. Sense of Congress and strategy on catastrophic critical - infrastructure failure response. -Sec. 1707. GAO study on the school-to-prison pipeline. -Sec. 1708. Department of Veterans Affairs report on unclaimed property. -Sec. 1709. Report regarding veterans who receive benefits under laws - administered by the Secretary of Veterans - Affairs. -Sec. 1710. GAO report on ZTE compliance with settlement agreement. -Sec. 1710A. GAO study of cybersecurity insurance. -Sec. 1710B. Report on recognition of African American servicemembers in - Department of Defense naming practices. -Sec. 1710C. Report on Government police training and equipping - programs. -Sec. 1710D. Deepfake report. -Sec. 1710E. Study on unemployment rate of women veterans who served on - active duty in the Armed Forces after - September 11, 2001. -Sec. 1710F. Report on the Oklahoma City National Memorial. -Sec. 1710G. Reports on military service academies. -Sec. 1710H. Independent study on identifying and addressing threats - that individually or collectively affect - national security, financial security, or - both. -Sec. 1710I. Maritime security and domain awareness. -Sec. 1710J. Comptroller General report on Department of Defense - processes for responding to congressional - reporting requirements. -Sec. 1710K. Report on predatory social media and the military - community. -Sec. 1710L. Report on transforming business processes for revolutionary - change. -Sec. 1710M. Review and Report of experimentation with ticks and - insects. -Sec. 1710N. Report on agile program and project management. - Subtitle B--Electronic Message Preservation - -Sec. 1711. Short title. -Sec. 1712. Preservation of electronic messages and other records. -Sec. 1713. Presidential records. - Subtitle C--Space Technology Advancement Report (STAR) Act of 2020 - -Sec. 1721. Short title. -Sec. 1722. Findings. -Sec. 1723. Report; strategy. - Subtitle D--AMBER Alert Nationwide - -Sec. 1731. Cooperation with Department of Homeland Security. -Sec. 1732. AMBER Alerts along major transportation routes. -Sec. 1733. AMBER Alert communication plans in the territories. -Sec. 1734. Government Accountability Office report. - Subtitle E--Other Matters +Sec. 1621. Safety of navigation mission of the National Geospatial- + Intelligence Agency. +Sec. 1622. National Academies Climate Security Roundtable. +Sec. 1623. Efficient use of sensitive compartmented information + facilities. + + Subtitle C--Nuclear Forces + +Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons + Council; limitation on availability of funds relating to such + updates. +Sec. 1632. Role of Nuclear Weapons Council with respect to performance + requirements and budget for nuclear weapons programs. +Sec. 1633. Modification of Government Accountability Office review of + annual reports on nuclear weapons enterprise. +Sec. 1634. Independent study on nuclear weapons programs of certain + foreign countries. +Sec. 1635. Prohibition on reduction of the intercontinental ballistic + missiles of the United States. + + Subtitle D--Missile Defense Programs + +Sec. 1641. Alignment of the Missile Defense Agency within the Department + of Defense. +Sec. 1642. Extension of prohibition relating to missile defense + information and systems. +Sec. 1643. Extension of transition of ballistic missile defense programs + to military departments. +Sec. 1644. Extension of requirement for Comptroller General review and + assessment of missile defense acquisition programs. +Sec. 1645. Development of hypersonic and ballistic missile tracking + space sensor payload. +Sec. 1646. Ground-based midcourse defense interim capability. +Sec. 1647. Next generation interceptors. +Sec. 1648. Report on and limitation on availability of funds for layered + homeland missile defense system. +Sec. 1649. Iron Dome short-range rocket defense system and Israeli + cooperative missile defense program co-development and co- + production. +Sec. 1650. Report on defense of Guam from integrated air and missile + threats. +Sec. 1651. Reports on cruise missile defense and North Warning System. + + Subtitle E--Matters Relating to Certain Commercial Terrestrial + Operations + +Sec. 1661. Prohibition on availability of funds for certain purposes + relating to the Global Positioning System. +Sec. 1662. Limitation on awarding contracts to entities operating + commercial terrestrial communication networks that cause + harmful interference with the Global Positioning System. +Sec. 1663. Independent technical review of Federal Communications + Commission Order 20-48. +Sec. 1664. Estimate of damages from Federal Communications Commission + Order 20-48. + + Subtitle F--Other Matters + +Sec. 1671. Conventional prompt strike. +Sec. 1672. Limitation on availability of funds relating to reports on + missile systems and arms control treaties. +Sec. 1673. Submission of reports under Missile Defense Review and + Nuclear Posture Review. + + TITLE XVII--CYBERSPACE-RELATED MATTERS + +Sec. 1701. Modification of mission of Cyber Command and assignment of + cyber operations forces. +Sec. 1702. Modification of scope of notification requirements for + sensitive military cyber operations. +Sec. 1703. Modification of requirements for quarterly Department of + Defense cyber operations briefings for Congress. +Sec. 1704. Clarification relating to protection from liability of + operationally critical contractors. +Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to + agencies. +Sec. 1706. Improvements relating to the quadrennial cyber posture + review. +Sec. 1707. Modification of authority to use operation and maintenance + funds for cyber operations-peculiar capability development + projects. +Sec. 1708. Personnel management authority for Commander of United States + Cyber Command and development program for offensive cyber + operations. +Sec. 1709. Applicability of reorientation of Big Data Platform program + to Department of Navy. +Sec. 1710. Report on Cyber Institutes program. +Sec. 1711. Modification of acquisition authority of Commander of United + States Cyber Command. +Sec. 1712. Modification of requirements relating to the Strategic + Cybersecurity Program and the evaluation of cyber + vulnerabilities of major weapon systems of the Department of + Defense. +Sec. 1713. Modification of position of Principal Cyber Advisor. +Sec. 1714. Cyberspace Solarium Commission. +Sec. 1715. Establishment in Department of Homeland Security of joint + cyber planning office. +Sec. 1716. Subpoena authority. +Sec. 1717. Cybersecurity State Coordinator. +Sec. 1718. Cybersecurity Advisory Committee. +Sec. 1719. Cybersecurity education and training assistance program. +Sec. 1720. Framework for cyber hunt forward operations. +Sec. 1721. Rationalization and integration of parallel cybersecurity + architectures and operations. +Sec. 1722. Assessing risk to national security of quantum computing. +Sec. 1723. Tailored cyberspace operations organizations. +Sec. 1724. Responsibility for cybersecurity and critical infrastructure + protection of the defense industrial base. +Sec. 1725. Pilot program on remote provision by National Guard to + National Guards of other States of cybersecurity technical + assistance in training, preparation, and response to cyber + incidents. +Sec. 1726. Department of Defense cyber workforce efforts. +Sec. 1727. Reporting requirements for cross domain incidents and + exemptions to policies for information technology. +Sec. 1728. Assessing private-public collaboration in cybersecurity. +Sec. 1729. Cyber capabilities and interoperability of the National + Guard. +Sec. 1730. Evaluation of non-traditional cyber support to the Department + of Defense. +Sec. 1731. Integrated cybersecurity center plan. +Sec. 1732. Assessment of cyber operational planning and deconfliction + policies and processes. +Sec. 1733. Pilot program on cybersecurity capability metrics. +Sec. 1734. Assessment of effect of inconsistent timing and use of + Network Address Translation in Department of Defense networks. +Sec. 1735. Integration of Department of Defense user activity monitoring + and cybersecurity. +Sec. 1736. Defense industrial base cybersecurity sensor architecture + plan. +Sec. 1737. Assessment on defense industrial base participation in a + threat information sharing program. +Sec. 1738. Assistance for small manufacturers in the defense industrial + supply chain on matters relating to cybersecurity. +Sec. 1739. Assessment on defense industrial base cybersecurity threat + hunting program. +Sec. 1740. Defense Digital Service. +Sec. 1741. Matters concerning the College of Information and Cyberspace + and limitation of funding for National Defense University. +Sec. 1742. Department of Defense cyber hygiene and Cybersecurity + Maturity Model Certification framework. +Sec. 1743. Extension of sunset for pilot program on regional + cybersecurity training center for the Army National Guard. +Sec. 1744. National cyber exercises. +Sec. 1745. Cybersecurity and Infrastructure Security Agency review. +Sec. 1746. Report on enabling United States Cyber Command resource + allocation. +Sec. 1747. Ensuring cyber resiliency of nuclear command and control + system. +Sec. 1748. Requirements for review of and limitations on the Joint + Regional Security Stacks activity. +Sec. 1749. Implementation of information operations matters. +Sec. 1750. Report on use of encryption by Department of Defense national + security systems. +Sec. 1751. Guidance and direction on use of direct hiring processes for + artificial intelligence professionals and other data science + and software development personnel. +Sec. 1752. National Cyber Director. + +TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES + +Sec. 1801. Transfer and reorganization of defense acquisition statutes. + + Subtitle A--Definitions + +Sec. 1806. Definitions. +Sec. 1807. General matters. +Sec. 1808. Defense acquisition system. +Sec. 1809. Budgeting and appropriations. +Sec. 1810. Operational contract support. + + Subtitle B--Acquisition Planning + +Sec. 1811. Planning and solicitation generally. +Sec. 1812. Independent cost estimation and cost analysis. +Sec. 1813. Other provisions relating to planning and solicitation + generally. + + Subtitle C--Contracting Methods and Contract Types + +Sec. 1816. Awarding of contracts. +Sec. 1817. Specific types of contracts. +Sec. 1818. Other matters relating to awarding of contracts. +Sec. 1819. Undefinitized contractual actions. +Sec. 1820. Task and delivery order contracts. +Sec. 1821. Acquisition of commercial products and commercial services. +Sec. 1822. Multiyear contracts. +Sec. 1823. Simplified acquisition procedures. +Sec. 1824. Rapid acquisition procedures. +Sec. 1825. Contracts for long-term lease or charter of vessels, + aircraft, and combat vehicles. + + Subtitle D--General Contracting Provisions + +Sec. 1831. Cost or pricing data. +Sec. 1832. Allowable costs. +Sec. 1833. Proprietary contractor data and rights in technical data. +Sec. 1834. Contract financing. +Sec. 1835. Contractor audits and accounting. +Sec. 1836. Claims and disputes. +Sec. 1837. Foreign acquisitions. +Sec. 1838. Socioeconomic programs. + + Subtitle E--Research and Engineering + +Sec. 1841. Research and engineering generally. +Sec. 1842. Innovation. +Sec. 1843. Department of Defense laboratories. +Sec. 1844. Research and development centers and facilities. +Sec. 1845. Test and evaluation. + + Subtitle F--Major Systems, Major Defense Acquisition Programs, and + Weapon Systems Development + +Sec. 1846. General matters. +Sec. 1847. Major systems and major defense acquisition programs + generally. +Sec. 1848. Life-cycle and sustainment. +Sec. 1849. Program status-selected acquisition reports. +Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy). +Sec. 1851. Weapon systems development and related matters. + + Subtitle G--Other Special Categories of Contracting + +Sec. 1856. Acquisition of services generally. +Sec. 1857. Acquisition of information technology. + + Subtitle H--Contract Management + +Sec. 1861. Contract administration. +Sec. 1862. Prohibitions and penalties. +Sec. 1863. Contractor workforce. +Sec. 1864. Other administrative matters. + + Subtitle I--Defense Industrial Base + +Sec. 1866. Defense industrial base generally. +Sec. 1867. Policies and planning. +Sec. 1868. Development, application, and support of dual-use + technologies. +Sec. 1869. Manufacturing technology. +Sec. 1870. Other technology base policies and programs. +Sec. 1871. Small business programs. +Sec. 1872. Procurement technical assistance cooperative agreement + program. +Sec. 1873. Loan guarantee programs. + + Subtitle J--Other Matters + +Sec. 1876. Recodification of certain title 10 provisions relating to + contract financing for certain Navy contracts. +Sec. 1877. Recodification of title 10 statute on cadre of personnel who + are intellectual property experts. +Sec. 1878. Transfer of title 10 section relating to notification of Navy + procurement production disruptions. +Sec. 1879. Transfer of title 10 section relating to energy security. +Sec. 1880. Part IV heading. +Sec. 1881. Repeal of chapters 137, 139, 144, and 148. +Sec. 1882. Revision of chapter 141. +Sec. 1883. References. +Sec. 1884. Savings provisions. +Sec. 1885. Rule of construction. -Sec. 1741. Technical, conforming, and clerical amendments. -Sec. 1742. Addition of Chief of the National Guard Bureau to the list - of officers providing reports of unfunded - priorities. -Sec. 1743. Acceptance of property by military academies and museums. -Sec. 1744. Reauthorization of National Oceanographic Partnership - Program. -Sec. 1745. Requirements relating to program and project management. -Sec. 1746. Quarterly briefings on Joint All Domain Command and Control - concept. -Sec. 1747. Resources to implement a Department of Defense policy on - civilian casualties in connection with - United States military operations. -Sec. 1748. Sense of Congress regarding reporting of civilian casualties - resulting from United States military - operations. -Sec. 1749. Prohibition of public display of Confederate battle flag on - Department of Defense property. -Sec. 1750. Deployment of real-time status of special use airspace. -Sec. 1751. Duties of Secretary under Uniformed and Overseas Citizens - Absentee Voting Act. -Sec. 1752. Publicly available database of casualties of members of the - Armed Forces. -Sec. 1753. Notice and comment for proposed actions of the Secretary of - Defense relating to food and beverage - ingredients. -Sec. 1754. Space strategies and assessment. -Sec. 1755. Nonimmigrant status for certain nationals of Portugal. -Sec. 1756. Sense of Congress on extension of limitations on importation - of uranium from Russian Federation. -Sec. 1757. Authority to establish a movement coordination center - pacific in the Indopacific region. -Sec. 1758. Establishment of vetting procedures and monitoring - requirements for certain military training. -Sec. 1759. Women, Peace, and Security Act implementation. -Sec. 1760. Developing crisis capabilities to meet needs for homeland - security-critical supplies. -Sec. 1761. Establishment of western emergency refined petroleum - products reserve. -Sec. 1762. Foreign state computer intrusions. -Sec. 1763. Online and distance education classes and nonimmigrant - visas. -Sec. 1764. Transfer of Mare Island Naval Cemetery to Secretary of - Veterans Affairs for maintenance by - National Cemetery Administration. -Sec. 1765. Mitigation of helicopter noise. -Sec. 1766. Department of Defense support for certain sporting events. -Sec. 1767. Pilot program for online real estate inventory tool. -Sec. 1768. Establishment of Southern New England Regional Commission. -Sec. 1769. FedRamp Authorization Act. -Sec. 1770. Taxpayers Right-To-Know Act. -Sec. 1771. Building United States capacity for verification and - manufacturing of advanced microelectronics. -Sec. 1772. Threshold for reporting additions to toxics release - inventory. -Sec. 1773. Hemp products. -Sec. 1774. Exemption from Paperwork Reduction Act. -Sec. 1775. Support for the designation of National Borinqueneers Day. -Sec. 1776. Temporary relief for private student loan borrowers. -Sec. 1777. Support for national maritime heritage grants program. -Sec. 1778. Extension of time to review World War I Valor Medals. -Sec. 1779. Ensuring Chinese debt transparency. -Sec. 1780. Strategy to secure email. -Sec. 1781. Report on threat posed by domestic terrorists. -Sec. 1782. Domestic procurement of tungsten and tungsten powder. -Sec. 1783. Department of defense mechanism for provision of dissenting - views. -Sec. 1784. Sector Risk Management Agencies. -Sec. 1785. Integration of members of the Armed Forces who are - minorities. -Sec. 1786. Policy on conscious and unconscious gender bias. -Sec. 1787. Protections for pregnant members of the Armed Forces. -Sec. 1788. Release of Department of Defense documents on the 1981 El - Mozote massacre in El Salvador. -Sec. 1789. Study and establishment of the Assistant Deputy Secretary - for Environment and Resilience. -Sec. 1790. Expansion of eligibility for HUD-VASH. -Sec. 1791. Waiver authority with respect to institutions located in an - area affected by Hurricane Maria. -Sec. 1792. Credit monitoring. -Sec. 1793. Department of Homeland Security CISA Director term - limitation. -Sec. 1794. Workforce issues for military realignments in the Pacific. -Sec. 1795. Inclusion on the Vietnam Veterans Memorial Wall of the names - of the lost crew members of the U.S.S. - Frank E. Evans killed on June 3, 1969. -Sec. 1796. Study on viability of seawater mining for critical minerals. -Sec. 1797. Restrictions on Confucius Institutes. -Sec. 1798. Disclosure requirement. -Sec. 1799. Increased realism and training effectiveness for airborne - anti-submarine warfare training at offshore - training ranges. -Sec. 1800. Review of use of innovative wood product technology. -Sec. 1801. Strategy to increase participation in international military - education and training programs. -Sec. 1802. Establishment of Office of Cyber Engagement of the - Department of Veterans Affairs. -Sec. 1803. Certified notice at completion of an assessment. -Sec. 1804. Department of Homeland Security acquisition documentation. -Sec. 1805. Large-scale non-intrusive inspection scanning plan. -Sec. 1806. National supply chain database. -Sec. 1807. Coordination with Hollings Manufacturing Extension - Partnership Centers. -Sec. 1808. COVID-19 Emergency Medical Supplies Enhancement. -Sec. 1809. Prohibition on provision of grant funds to entities that - have violated intellectual property rights - of United States entities. -Sec. 1810. Disclosure of imports from the Xinjiang Uyghur Autonomous - Region. -Sec. 1811. Ted Stevens Center for Arctic Security Studies. -Sec. 1812. Payments for private education loan borrowers, as a result - of COVID-19. - Subtitle F--Semiconductor Manufacturing Incentives - -Sec. 1821. Semiconductor incentive grants. -Sec. 1822. Department of Commerce study on status of semiconductors - technologies in the United States - industrial base. -Sec. 1823. Funding for development and adoption of secure semiconductor - and secure semiconductor supply chains. -Sec. 1824. Advanced semiconductor research and design. -Sec. 1825. Prohibition relating to foreign entities of concern. - Subtitle G--Biliteracy Education Seal and Teaching Act - -Sec. 1831. Short title. -Sec. 1832. Findings. -Sec. 1833. Definitions. -Sec. 1834. Grants for State Seal of Biliteracy programs. - Subtitle H--Accountability for World Bank Loans to China - -Sec. 1841. Short title. -Sec. 1842. Findings. -Sec. 1843. United States support for graduation of China from World - Bank assistance. -Sec. 1844. Accountability for World Bank loans to the People's Republic - of China. -Sec. 1845. Ensuring debt transparency with respect to the Belt and Road - Initiative. - Subtitle I--Employment Fairness for Taiwan - -Sec. 1851. Short title. -Sec. 1852. Sense of the Congress. -Sec. 1853. Fairness for Taiwan nationals regarding employment at - international financial institutions. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be - specified by law. + specified by law. Sec. 2003. Effective date. - TITLE XXI--ARMY MILITARY CONSTRUCTION + + TITLE XXI--ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Limitation on military construction project at Kwajalein - Atoll. -Sec. 2105. Modification of authority to carry out certain fiscal year - 2017 project. + Atoll. +Sec. 2105. Modification of authority to carry out fiscal year 2017 + project at Camp Walker, Korea. + TITLE XXII--NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing and improvements to military family housing - units. + units. Sec. 2203. Authorization of appropriations, Navy. + TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition - projects. + projects. Sec. 2302. Family housing and improvements to military family housing - units. + units. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Modification of authority to carry out certain fiscal year - 2018 project. + 2018 project. Sec. 2305. Modification of authority to carry out certain fiscal year - 2019 projects. + 2019 projects. Sec. 2306. Modification of authority to carry out certain fiscal year - 2020 projects. + 2020 projects. Sec. 2307. Technical corrections related to authority to carry out - certain fiscal year 2020 family housing - projects. + certain fiscal year 2020 family housing projects. + TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION -Sec. 2401. Authorized Defense Agencies construction and land - acquisition projects. +Sec. 2401. Authorized Defense Agencies construction and land acquisition + projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment - Program projects. + Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. -Sec. 2404. Military construction infrastructure and weapon system - synchronization for Ground Based Strategic - Deterrent. - TITLE XXV--INTERNATIONAL PROGRAMS +Sec. 2404. Independent study on Western Emergency Refined Fuel Reserves. - Subtitle A--North Atlantic Treaty Organization Security Investment - Program + TITLE XXV--INTERNATIONAL PROGRAMS + + Subtitle A--North Atlantic Treaty Organization Security Investment + Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. +Sec. 2503. Execution of projects under the North Atlantic Treaty + Organization Security Investment Program. + Subtitle B--Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. -Sec. 2512. State of Qatar funded construction projects. - TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES +Sec. 2512. Qatar funded construction projects. + + TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land - acquisition projects. + acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition - projects. -Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve - construction and land acquisition projects. + projects. +Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction + and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land - acquisition projects. + acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land - acquisition projects. + acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. -Sec. 2607. Modification of authority to carry out certain fiscal year - 2020 project. +Sec. 2607. Modification of authority to carry out fiscal year 2020 + project in Alabama. + TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and - closure activities funded through - Department of Defense base closure account. + closure activities funded through Department of Defense Base + Closure Account. +Sec. 2702. Prohibition on conducting additional base realignment and + closure (BRAC) round. +Sec. 2703. Plan to finish remediation activities conducted by the + Secretary of the Army in Umatilla, Oregon. + TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS - Subtitle A--Military Construction Program Changes + Subtitle A--Military Construction Program Changes Sec. 2801. Modification and clarification of construction authority in - the event of a declaration of war or - national emergency. + the event of a declaration of war or national emergency. Sec. 2802. Extension of sunset for annual locality adjustment of dollar - thresholds applicable to unspecified minor - military construction authorities. -Sec. 2803. Modification of reporting requirement regarding cost - increases associated with certain military - construction projects and military family - housing projects. -Sec. 2804. Expansion of Department of Defense land exchange authority. + thresholds applicable to unspecified minor military + construction authorities. +Sec. 2803. Modification of reporting requirements regarding certain + military construction projects and military family housing + projects, contracts, and agreements. +Sec. 2804. Consideration of energy security and energy resilience in + life-cycle cost for military construction. Sec. 2805. Congressional project authorization required for military - construction projects for energy - resilience, energy security, and energy - conservation. + construction projects for energy resilience, energy security, + and energy conservation. Sec. 2806. One-year extension of temporary, limited authority to use - operation and maintenance funds for - construction projects in certain areas - outside the United States. -Sec. 2807. Pilot Program to support combatant command military - construction priorities. -Sec. 2808. Biannual report regarding military installations supported - by disaster relief appropriations. - Subtitle B--Military Family Housing Reforms + operation and maintenance funds for construction projects in + certain areas outside the United States. +Sec. 2807. Responsibility of Navy for military construction requirements + for certain Fleet Readiness Centers. + + Subtitle B--Military Family Housing Reforms + +Sec. 2811. Modifications and technical corrections related to military + housing privatization reform. +Sec. 2812. Repeal of authority to lease substandard family housing units + to members of the uniformed services. +Sec. 2813. Expenditure priorities in using Department of Defense Family + Housing Improvement Fund. +Sec. 2814. Availability of information regarding assessment of + performance metrics for contracts for provision or management + of privatized military housing. +Sec. 2815. Requirement that Secretary of Defense implement + recommendations relating to military family housing contained + in report by Inspector General of Department of Defense. +Sec. 2816. Promulgation of guidance to facilitate return of military + families displaced from privatized military housing. +Sec. 2817. Promulgation of guidance on relocation of residents of + military housing impacted by presence of mold. +Sec. 2818. Expansion of uniform code of basic standards for privatized + military housing and hazard and habitability inspection and + assessment requirements to Government-owned and Government- + controlled military family housing. + + Subtitle C--Real Property and Facilities Administration + +Sec. 2821. Acceptance of property by military service academies, + professional military education schools, and military museums + subject to naming-rights condition. +Sec. 2822. Codification of reporting requirements regarding United + States overseas military enduring locations and contingency + locations. +Sec. 2823. Promotion of energy resilience and energy security in + privatized utility systems. +Sec. 2824. Vesting exercise of discretion with Secretaries of the + military departments regarding entering into longer-term + contracts for utility services. +Sec. 2825. Use of on-site energy production to promote military + installation energy resilience and energy security. +Sec. 2826. Improved electrical metering of Department of Defense + infrastructure supporting critical missions. +Sec. 2827. Improving water management and security on military + installations. +Sec. 2828. Prohibition relating to closure or return to host nation of + existing military installations, infrastructure, or real + property in Europe. -Sec. 2811. Expenditure priorities in using Department of Defense Family - Housing Improvement Fund. -Sec. 2812. Promulgation of guidance to facilitate return of military - families displaced from privatized military - housing. -Sec. 2813. Promulgation of guidance on mold mitigation in privatized - military housing. -Sec. 2814. Expansion of uniform code of basic standards for privatized - military housing and hazard and - habitability inspection and assessment - requirements to Government-owned and - Government-controlled military family - housing. -Sec. 2815. Establishment of Exceptional Family Member Program housing - liaison. -Sec. 2816. Department of Defense report on criteria and metrics used to - evaluate performance of landlords of - privatized military housing that receive - incentive fees. -Sec. 2817. Report on Department of Defense efforts regarding oversight - and role in management of privatized - military housing. -Sec. 2818. Improved Department of Defense and landlord response to - identification and remediation of severe - environmental health hazards in military - housing. -Sec. 2819. Inclusion of assessment of performance metrics in annual - publication on use of incentive fees for - privatized military housing projects. - Subtitle C--Real Property and Facilities Administration - -Sec. 2821. Codification of reporting requirements regarding United - States overseas military enduring locations - and contingency locations. -Sec. 2822. Limitations on renewal of utility privatization contracts. -Sec. 2823. Vesting exercise of discretion with Service Secretaries - regarding entering into longer-term - contracts for utility services. -Sec. 2824. Use of on-site energy production to promote military - installation energy resilience and energy - security. -Sec. 2825. Availability of Energy Resilience and Conservation - Investment Program funds for certain - activities related to privatized utility - systems. -Sec. 2826. Improving water management and security on military - installations. -Sec. 2827. Pilot program to test use of emergency diesel generators in - a microgrid configuration at certain - military installations. -Sec. 2828. Improved electrical metering of Department of Defense - infrastructure supporting critical - missions. -Sec. 2829. Renaming certain military installations and other defense - property. Subtitle D--Land Conveyances Sec. 2831. Land conveyance, Camp Navajo, Arizona. Sec. 2832. Modification of land exchange involving Naval Industrial - Reserve Ordnance Plant, Sunnyvale, - California. -Sec. 2833. Land conveyance, Sharpe Army Depot, lathrop, California. + Reserve Ordnance Plant, Sunnyvale, California. +Sec. 2833. Land conveyance, Sharpe Army Depot, Lathrop, California. Sec. 2834. Land exchange, San Bernardino County, California. Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System - receiving station, Modoc County, - California. + receiving station, Modoc County, California. Sec. 2836. Transfer of administrative jurisdiction, Naval Support - Activity Panama City, Florida, parcel. -Sec. 2837. Land conveyance, Milan Army Ammunition Plant, Tennessee. - Subtitle E--Military Land Withdrawals + Activity Panama City, Florida, parcel. +Sec. 2837. Lease extension, Bryan Multi-Sports Complex, Wayne County, + North Carolina. +Sec. 2838. Land conveyances, Milan Army Ammunition Plant, Tennessee. + + Subtitle E--Military Land Withdrawals Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval - Air Facility, El Centro, California. + Air Facility, El Centro, California. Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and - reservation. -Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal - and reservation. -Sec. 2844. Additional requirements regarding Nevada Test and Training - Range. -Sec. 2845. Specified duration of White Sands Missile Range land - withdrawal and reservation and - establishment of special reservation area - for northern and western extension areas. -Sec. 2846. Grand Canyon Centennial Protection Act. + reservation. +Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and + reservation. +Sec. 2844. Establishment of interagency committees on joint use of + certain land withdrawn from appropriation under public land + laws. + Subtitle F--Asia-Pacific and Indo-Pacific Issues Sec. 2851. Change to biennial reporting requirement for Interagency - Coordination Group of Inspectors General - for Guam Realignment. + Coordination Group of Inspectors General for Guam Realignment. Sec. 2852. Additional exception to restriction on development of public - infrastructure in connection with - realignment of Marine Corps forces in Asia- - Pacific region. + infrastructure in connection with realignment of Marine Corps + forces in Asia-Pacific region. Sec. 2853. Development of master plan for infrastructure to support - rotational Armed Forces in Australia. -Sec. 2854. Study and strategy regarding bulk fuels management in United - States Indo-Pacific Command Area of - Responsibility. -Sec. 2855. Department of Defense report on easements and leased lands - in Hawai`i. - Subtitle G--Other Matters - -Sec. 2861. Defense Community Infrastructure Program. -Sec. 2862. Pilot program on reduction of effects of military aviation - noise on certain covered property. -Sec. 2863. Department of Defense policy for regulation of dangerous - dogs in military communities. -Sec. 2864. Responsibility of Navy for military construction - requirements for certain Fleet Readiness - Centers. - TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION + rotational Armed Forces in Australia. +Sec. 2854. Bulk fuel management in United States Indo-Pacific Command + Area of Responsibility. + + Subtitle G--Authorized Pilot Programs + +Sec. 2861. Pilot program to authorize use of cost savings realized from + intergovernmental services agreements for installation-support + services. +Sec. 2862. Department of Defense pilot program to evaluate expansion of + land exchange authority. +Sec. 2863. Pilot program to support combatant command military + construction priorities. +Sec. 2864. Pilot program to test use of emergency diesel generators in a + microgrid configuration at certain military installations. +Sec. 2865. Pilot program to authorize additional military construction + projects for child development centers at military + installations. +Sec. 2866. Department of the Army pilot program for development and use + of online real estate inventory tool. + + Subtitle H--Miscellaneous Studies and Reports + +Sec. 2871. Reports regarding decision-making process used to locate or + relocate major headquarters and certain military units and + weapon systems. +Sec. 2872. Report on effect of noise restrictions on military + installations and operations and development and + implementation of noise mitigation measures. +Sec. 2873. Study and report regarding continued need for protected + aircraft shelters in Europe and status of United States air + base resiliency in Europe. + + Subtitle I--Other Matters + +Sec. 2881. Military construction infrastructure and weapon system + synchronization for Ground Based Strategic Deterrent. +Sec. 2882. Defense Community Infrastructure Program. +Sec. 2883. Consideration of certain military family readiness issues in + making basing decisions associated with certain military units + and major headquarters. +Sec. 2884. Department of Defense policy for regulation in military + communities of dangerous dogs kept as pets. + + TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION Sec. 2901. Authorized Navy construction and land acquisition projects. Sec. 2902. Authorized Air Force construction and land acquisition - projects. + projects. Sec. 2903. Authorization of appropriations. + DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS - TITLE XXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS - Subtitle A--National Security Programs and Authorizations + Subtitle A--National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. - Subtitle B--Program Authorizations, Restrictions, Limitations, and - Other Matters - -Sec. 3111. Nuclear warhead acquisition processes. -Sec. 3112. Uncosted and unobligated amounts of National Nuclear - Security Administration. -Sec. 3113. Extension of limitation relating to reclassification of - high-level waste. -Sec. 3114. Extension of pilot program on unavailability for overhead - costs of amounts specified for laboratory- - directed research and development. -Sec. 3115. Plutonium pit production. -Sec. 3116. Program for research and development of advanced naval - nuclear fuel system based on low-enriched - uranium. -Sec. 3117. Independent study on effects of use of nuclear weapons. -Sec. 3118. Reports on diversity of certain contractor employees of - National Nuclear Security Administration. -Sec. 3119. Findings, purpose, and apology relating to fallout emitted - during the Government's atmospheric nuclear - tests. -Sec. 3120. Sense of Congress regarding uranium mining and nuclear - testing. -Sec. 3121. Prohibition on use of funds for nuclear weapons test - explosions. -Sec. 3122. Sense of Congress on the Energy Employees Occupational - Illness Compensation Program. + + Subtitle B--Nuclear Weapons Stockpile Matters + +Sec. 3111. W93 nuclear warhead acquisition process. +Sec. 3112. Earned value management and technology readiness levels for + life extension programs. +Sec. 3113. Monitoring of industrial base for nuclear weapons components, + subsystems, and materials. +Sec. 3114. Plutonium pit production. + + Subtitle C--Defense Environmental Cleanup Matters + +Sec. 3121. Public statement of environmental liabilities for facilities + undergoing defense environmental cleanup. +Sec. 3122. Inclusion of missed milestones in future-years defense + environmental cleanup plan. +Sec. 3123. Classification of defense environmental cleanup as capital + asset projects or operations activities. +Sec. 3124. Extension of limitation relating to reclassification of high- + level waste. +Sec. 3125. Continued analysis of approaches for supplemental treatment + of low-activity waste at Hanford Nuclear Reservation. + + Subtitle D--Safeguards and Security Matters + +Sec. 3131. Reporting on penetrations of networks of contractors and + subcontractors. + + Subtitle E--Personnel Matters + +Sec. 3141. Extension of authority for appointment of certain scientific, + engineering, and technical personnel. +Sec. 3142. Inclusion of certain employees and contractors of Department + of Energy in definition of public safety officer for purposes + of certain death benefits. +Sec. 3143. Reimbursement for liability insurance for nuclear materials + couriers. +Sec. 3144. Transportation and moving expenses for immediate family of + deceased nuclear materials couriers. +Sec. 3145. Permanent extension of Office of Ombudsman for Energy + Employees Occupational Illness Compensation Program. +Sec. 3146. Reports on diversity of certain contractor employees of + National Nuclear Security Administration. +Sec. 3147. Sense of Congress regarding compensation of individuals + relating to uranium mining and nuclear testing. + + Subtitle F--Budget and Financial Management Matters + +Sec. 3151. Reports on financial balances for atomic energy defense + activities. + + Subtitle G--Administrative Matters + +Sec. 3161. Modifications to enhanced procurement authority to manage + supply chain risk. +Sec. 3162. Extension of pilot program on unavailability for overhead + costs of amounts specified for laboratory-directed research + and development. + + Subtitle H--Other Matters + +Sec. 3171. Independent study on potential environmental effects of + nuclear war. +Sec. 3172. Review of future of computing beyond exascale at the National + Nuclear Security Administration. +Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping + Investigation on Uranium from the Russian Federation. + TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. - TITLE XXXIV--NAVAL PETROLEUM RESERVES +Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear + Facilities Safety Board. + + TITLE XXXIV--NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. + TITLE XXXV--MARITIME MATTERS - Subtitle A--Maritime Administration + Subtitle A--Maritime Administration Sec. 3501. Authorization of the Maritime Administration. -Sec. 3502. Sense of Congress regarding role of domestic maritime - industry in national security. -Sec. 3503. Nonapplicability of requirement relating to minimum number - of operating days for vessels operating - under MSP Operating Agreements. -Sec. 3504. Improvements to process for waiving navigation and vessel- - inspection laws. +Sec. 3502. Improvements to process for waiving navigation and vessel- + inspection laws and approving foreign vessel charters for + passenger vessels. +Sec. 3503. Superintendent of the United States Merchant Marine Academy. +Sec. 3504. Assistance for inland and small coastal ports and terminals. Sec. 3505. Maritime transportation system emergency relief program. -Sec. 3506. Centers of excellence for domestic maritime workforce - training and education: technical - amendments. -Sec. 3507. Merchant mariner education loan program. -Sec. 3508. Assistance for inland and small coastal ports and terminals. -Sec. 3509. National Shipper Advisory Committee. -Sec. 3510. Sea year cadets on cable security fleet and tanker security - fleet vessels. -Sec. 3510A. Superintendent of the United States Merchant Marine - Academy. -Sec. 3510B. Maritime academy information. -Sec. 3510C. Mariner licensing and credentialing. -Sec. 3510D. National Shipper Advisory Committee. - Subtitle B--Tanker Security Fleet +Sec. 3506. Sea year cadets on cable security fleet and tanker security + fleet vessels. +Sec. 3507. Centers of excellence for domestic maritime workforce + training and education: technical amendments. +Sec. 3508. Merchant mariner training and education. +Sec. 3509. Publication of information about students and recent + graduates of Maritime Academies. +Sec. 3510. Mariner licensing and credentialing for M/V LISERON. + + Subtitle B--Tanker Security Fleet Sec. 3511. Tanker Security Fleet. - TITLE XXXVI--FARM AND RANCH MENTAL HEALTH - -Sec. 3601. Public service announcement campaign to address farm and - ranch mental health. -Sec. 3602. Employee training program to manage farmer and rancher - stress. -Sec. 3603. Task force for assessment of causes of mental stress and - best practices for response. + + Subtitle C--Other Matters + +Sec. 3521. Maritime security and domain awareness. +Sec. 3522. Sense of Congress regarding role of domestic maritime + industry in national security. + DIVISION D--FUNDING TABLES Sec. 4001. Authorization of amounts in funding tables. + TITLE XLI--PROCUREMENT Sec. 4101. Procurement. Sec. 4102. Procurement for overseas contingency operations. - TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + + TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas - contingency operations. + contingency operations. + TITLE XLIII--OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency - operations. + operations. + TITLE XLIV--MILITARY PERSONNEL Sec. 4401. Military personnel. Sec. 4402. Military personnel for overseas contingency operations. - TITLE XLV--OTHER AUTHORIZATIONS + + TITLE XLV--OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Sec. 4502. Other authorizations for overseas contingency operations. - TITLE XLVI--MILITARY CONSTRUCTION + + TITLE XLVI--MILITARY CONSTRUCTION Sec. 4601. Military construction. Sec. 4602. Military construction for overseas contingency operations. + TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of energy national security programs. - DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020 + + DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020 Sec. 5001. Short title. -Sec. 5002. Findings. -Sec. 5003. Definitions. - TITLE I--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE +Sec. 5002. Definitions. + + TITLE LI--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE Sec. 5101. National Artificial Intelligence Initiative. Sec. 5102. National Artificial Intelligence Initiative Office. Sec. 5103. Coordination by Interagency Committee. Sec. 5104. National Artificial Intelligence Advisory Committee. Sec. 5105. National Academies artificial intelligence impact study on - workforce. -Sec. 5106. GAO report on computational needs. -Sec. 5107. National AI Research Resource Task Force. -Sec. 5108. Sense of Congress. -Sec. 5109. Rule of construction regarding ethical artificial - intelligence. - TITLE II--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES + workforce. +Sec. 5106. National AI Research Resource Task Force. -Sec. 5201. National Artificial Intelligence Research Institutes. - TITLE III--DEPARTMENT OF COMMERCE + TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES -Sec. 5301. National Institute of Standards and Technology activities. -Sec. 5302. National Oceanic and Atmospheric Administration Artificial - Intelligence Center. - TITLE IV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE - ACTIVITIES +Sec. 5201. National Artificial Intelligence Research Institutes. -Sec. 5401. Artificial intelligence research and education. - TITLE V--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM + TITLE LIII--DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES -Sec. 5501. Department of Energy Artificial Intelligence Research - Program. -Sec. 5502. Department of Energy Veterans' Health Initiative. - DIVISION F--CORPORATE TRANSPARENCY ACT OF 2019 +Sec. 5301. National institute of standards and technology activities. +Sec. 5302. Stakeholder outreach. +Sec. 5303. National oceanic and atmospheric administration artificial + intelligence center. -Sec. 6001. Short title. -Sec. 6002. Findings. -Sec. 6003. Transparent incorporation practices. -Sec. 6004. Studies and reports. -Sec. 6005. Definitions. - DIVISION G--COUNTER ACT OF 2019 - -Sec. 7001. Short title. -Sec. 7002. Bank Secrecy Act definition. - TITLE I--STRENGTHENING TREASURY - -Sec. 7101. Improving the definition and purpose of the Bank Secrecy - Act. -Sec. 7102. Special hiring authority. -Sec. 7103. Civil Liberties and Privacy Officer. -Sec. 7104. Civil Liberties and Privacy Council. -Sec. 7105. International coordination. -Sec. 7106. Treasury Attaches Program. -Sec. 7107. Increasing technical assistance for international - cooperation. -Sec. 7108. FinCEN Domestic Liaisons. -Sec. 7109. FinCEN Exchange. -Sec. 7110. Study and strategy on trade-based money laundering. -Sec. 7111. Study and strategy on de-risking. -Sec. 7112. AML examination authority delegation study. -Sec. 7113. Study and strategy on Chinese money laundering. - TITLE II--IMPROVING AML/CFT OVERSIGHT - -Sec. 7201. Pilot program on sharing of suspicious activity reports - within a financial group. -Sec. 7202. Sharing of compliance resources. -Sec. 7203. GAO Study on feedback loops. -Sec. 7204. FinCEN study on BSA value. -Sec. 7205. Sharing of threat pattern and trend information. -Sec. 7206. Modernization and upgrading whistleblower protections. -Sec. 7207. Certain violators barred from serving on boards of United - States financial institutions. -Sec. 7208. Additional damages for repeat Bank Secrecy Act violators. -Sec. 7209. Justice annual report on deferred and non-prosecution - agreements. -Sec. 7210. Return of profits and bonuses. -Sec. 7211. Application of Bank Secrecy Act to dealers in antiquities. -Sec. 7212. Geographic targeting order. -Sec. 7213. Study and revisions to currency transaction reports and - suspicious activity reports. -Sec. 7214. Streamlining requirements for currency transaction reports - and suspicious activity reports. - TITLE III--MODERNIZING THE AML SYSTEM - -Sec. 7301. Encouraging innovation in BSA compliance. -Sec. 7302. Innovation Labs. -Sec. 7303. Innovation Council. -Sec. 7304. Testing methods rulemaking. -Sec. 7305. FinCEN study on use of emerging technologies. -Sec. 7306. Discretionary surplus funds. - DIVISION H--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020 - -Sec. 101. Short title. -Sec. 102. Definition of Commandant. - TITLE I--AUTHORIZATIONS - -Sec. 8001. Authorizations of appropriations. -Sec. 8002. Authorized levels of military strength and training. -Sec. 8003. Determination of budgetary effects. -Sec. 8004. Availability of amounts for acquisition of additional - National Security Cutter. -Sec. 8005. Procurement authority for Polar Security Cutters. -Sec. 8006. Sense of the Congress on need for new Great Lakes - icebreaker. -Sec. 8007. Procurement authority for Great Lakes icebreaker. -Sec. 8008. Polar Security Cutter acquisition report. -Sec. 8009. Shoreside infrastructure. -Sec. 8010. Major acquisition systems infrastructure. -Sec. 8011. Polar icebreakers. -Sec. 8012. Acquisition of fast response cutter. - TITLE II--COAST GUARD + TITLE LIV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE + ACTIVITIES - Subtitle A--Military Personnel Matters +Sec. 5401. Artificial intelligence research and education. -Sec. 9101. Grade on retirement. -Sec. 9102. Authority for officers to opt out of promotion board - consideration. -Sec. 9103. Temporary promotion authority for officers in certain grades - with critical skills. -Sec. 9104. Career intermission program. -Sec. 9105. Direct commissioning authority for individuals with critical - skills. -Sec. 9106. Employment assistance. - Subtitle B--Organization and Management Matters + TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM -Sec. 9201. Congressional affairs; Director. -Sec. 9202. Limitations on claims. -Sec. 9203. Renewal of temporary early retirement authority. -Sec. 9204. Major acquisitions; operation and sustainment costs. -Sec. 9205. Support of women serving in the Coast Guard. -Sec. 9206. Disposition of infrastructure related to E-LORAN. -Sec. 9207. Positions of importance and responsibility. -Sec. 9208. Research projects; transactions other than contracts and - grants. -Sec. 9209. Acquisition workforce authorities. -Sec. 9210. Vessel conversion, alteration, and repair projects. -Sec. 9211. Modification of acquisition process and procedures. -Sec. 9212. Establishment and purpose of Fund; definition. -Sec. 9213. Payments from Fund. -Sec. 9214. Determination of contributions to Fund. -Sec. 9215. Payments into Fund. - Subtitle C--Access to Child Care for Coast Guard Families +Sec. 5501. Department of energy artificial intelligence research + program. -Sec. 9301. Report on child care and school-age care assistance for - qualified families. -Sec. 9302. Review of family support services website and online - tracking system. -Sec. 9303. Study and survey on Coast Guard child care needs. -Sec. 9304. Pilot program to expand access to child care. -Sec. 9305. Improvements to Coast Guard-owned family housing. -Sec. 9306. Briefing on transfer of family child care provider - qualifications and certifications. -Sec. 9307. Inspections of Coast Guard child development centers and - family child care providers. -Sec. 9308. Expanding opportunities for family child care. -Sec. 9309. Definitions. - Subtitle D--Reports + DIVISION F--ANTI-MONEY LAUNDERING -Sec. 9401. Modifications of certain reporting requirements. -Sec. 9402. Report on cybersecurity workforce. -Sec. 9403. Report on navigation and bridge resource management. -Sec. 9404. Report on helicopter life-cycle support and - recapitalization. -Sec. 9405. Report on Coast Guard response capabilities for cyber - incidents on vessels entering ports or - waters of the United States. -Sec. 9406. Study and report on Coast Guard interdiction of illicit - drugs in transit zones. -Sec. 9407. Report on liability limits set in section 1004 of the Oil - Pollution Act of 1990. -Sec. 9408. Report on Coast Guard defense readiness resources - allocation. -Sec. 9409. Report on the feasibility of liquefied natural gas fueled - vessels. -Sec. 9410. Coast Guard authorities study. -Sec. 9411. Report on effects of climate change on Coast Guard. -Sec. 9412. Shore infrastructure. -Sec. 9413. Coast Guard housing; status and authorities briefing. -Sec. 9414. Physical access control system report. -Sec. 9415. Study on Certificate of Compliance inspection program with - respect to vessels that carry bulk - liquefied gases as cargo and liquefied - natural gas tank vessels. -Sec. 9416. Comptroller General of the United States review and report - on Coast Guard's International Port - Security Program. -Sec. 9417. Comptroller General of the United States review and report - on surge capacity of the Coast Guard. -Sec. 9418. Comptroller General of the United States review and report - on marine inspections program of Coast - Guard. -Sec. 9419. Comptroller General of the United States review and report - on information technology program of Coast - Guard. -Sec. 9420. Comptroller General of the United States study and report on - access to health care by members of Coast - Guard and dependents. -Sec. 9421. Comptroller General of the United States study and report on - medical staffing standards and needs for - Coast Guard. -Sec. 9422. Report on fast response cutters, offshore patrol cutters, - and national security cutters. - Subtitle E--Coast Guard Academy Improvement Act +Sec. 6001. Short title. +Sec. 6002. Purposes. +Sec. 6003. Definitions. + + TITLE LXI--STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTI-MONEY + LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS + +Sec. 6101. Establishment of national exam and supervision priorities. +Sec. 6102. Strengthening FinCEN. +Sec. 6103. FinCEN Exchange. +Sec. 6104. Interagency anti-money laundering and countering the + financing of terrorism personnel rotation program. +Sec. 6105. Terrorism and financial intelligence special hiring + authority. +Sec. 6106. Treasury Attache program. +Sec. 6107. Establishment of FinCEN Domestic Liaisons. +Sec. 6108. Foreign Financial Intelligence Unit Liaisons. +Sec. 6109. Protection of information exchanged with foreign law + enforcement and financial intelligence units. +Sec. 6110. Bank Secrecy Act application to dealers in antiquities and + assessment of Bank Secrecy Act application to dealers in arts. +Sec. 6111. Increasing technical assistance for international + cooperation. +Sec. 6112. International coordination. + + TITLE LXII--MODERNIZING THE ANTI-MONEY LAUNDERING AND COUNTERING THE + FINANCING OF TERRORISM SYSTEM + +Sec. 6201. Annual reporting requirements. +Sec. 6202. Additional considerations for suspicious activity reporting + requirements. +Sec. 6203. Law enforcement feedback on suspicious activity reports. +Sec. 6204. Streamlining requirements for currency transaction reports + and suspicious activity reports. +Sec. 6205. Currency transaction reports and suspicious activity reports + thresholds review. +Sec. 6206. Sharing of threat pattern and trend information. +Sec. 6207. Subcommittee on Innovation and Technology. +Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers. +Sec. 6209. Testing methods rulemaking. +Sec. 6210. Financial technology assessment. +Sec. 6211. Financial crimes tech symposium. +Sec. 6212. Pilot program on sharing of information related to suspicious + activity reports within a financial group. +Sec. 6213. Sharing of compliance resources. +Sec. 6214. Encouraging information sharing and public-private + partnerships. +Sec. 6215. Financial services de-risking. +Sec. 6216. Review of regulations and guidance. + + TITLE LXIII--IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE + FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES + +Sec. 6301. Improved interagency coordination and consultation. +Sec. 6302. Subcommittee on Information Security and Confidentiality. +Sec. 6303. Establishment of Bank Secrecy Act Information Security + Officers. +Sec. 6304. FinCEN analytical hub. +Sec. 6305. Assessment of Bank Secrecy Act no-action letters. +Sec. 6306. Cooperation with law enforcement. +Sec. 6307. Training for examiners on anti-money laundering and + countering the financing of terrorism. +Sec. 6308. Obtaining foreign bank records from banks with United States + correspondent accounts. +Sec. 6309. Additional damages for repeat Bank Secrecy Act violators. +Sec. 6310. Certain violators barred from serving on boards of United + States financial institutions. +Sec. 6311. Department of Justice report on deferred and non-prosecution + agreements. +Sec. 6312. Return of profits and bonuses. +Sec. 6313. Prohibition on concealment of the source of assets in + monetary transactions. +Sec. 6314. Updating whistleblower incentives and protection. + + TITLE LXIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING + REQUIREMENTS + +Sec. 6401. Short title. +Sec. 6402. Sense of Congress. +Sec. 6403. Beneficial ownership information reporting requirements. + + TITLE LXV--MISCELLANEOUS + +Sec. 6501. Investigations and prosecution of offenses for violations of + the securities laws. +Sec. 6502. GAO and Treasury studies on beneficial ownership information + reporting requirements. +Sec. 6503. GAO study on feedback loops. +Sec. 6504. GAO CTR study and report. +Sec. 6505. GAO studies on trafficking. +Sec. 6506. Treasury study and strategy on trade-based money laundering. +Sec. 6507. Treasury study and strategy on money laundering by the + People's Republic of China. +Sec. 6508. Treasury and Justice study on the efforts of authoritarian + regimes to exploit the financial system of the United States. +Sec. 6509. Authorization of appropriations. +Sec. 6510. Discretionary surplus funds. +Sec. 6511. Severability. + + DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020 + +Sec. 8001. Short title. +Sec. 8002. Definition of Commandant. + + TITLE LVXXXI--AUTHORIZATIONS + +Sec. 8101. Authorizations of appropriations. +Sec. 8102. Authorized levels of military strength and training. +Sec. 8103. Determination of budgetary effects. +Sec. 8104. Availability of amounts for acquisition of additional + National Security Cutter. +Sec. 8105. Procurement authority for Polar Security Cutters. +Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker. +Sec. 8107. Procurement authority for Great Lakes icebreaker. +Sec. 8108. Polar Security Cutter acquisition report. +Sec. 8109. Shoreside infrastructure. +Sec. 8110. Major acquisition systems infrastructure. +Sec. 8111. Polar icebreakers. +Sec. 8112. Acquisition of fast response cutter. + + TITLE LVXXXII--COAST GUARD -Sec. 9501. Short title. -Sec. 9502. Coast Guard Academy study. -Sec. 9503. Annual report. -Sec. 9504. Assessment of Coast Guard Academy admission processes. -Sec. 9505. Coast Guard Academy minority outreach team program. -Sec. 9506. Coast Guard college student pre-commissioning initiative. -Sec. 9507. Annual board of visitors. -Sec. 9508. Homeland Security rotational cybersecurity research program - at Coast Guard Academy. - Subtitle F--Other Matters + Subtitle A--Military Personnel Matters -Sec. 9601. Strategy on leadership of Coast Guard. -Sec. 9602. Expedited transfer in cases of sexual assault; dependents of - members of the Coast Guard. -Sec. 9603. Access to resources during creosote-related building - closures at Coast Guard Base Seattle, - Washington. -Sec. 9604. Southern resident orca conservation and enforcement. -Sec. 9605. Sense of Congress and report on implementation of policy on - issuance of warrants and subpoenas and - whistleblower protections by agents of the - Coast Guard Investigative Service. -Sec. 9606. Inspector General report on access to Equal Opportunity - Advisors and Equal Employment Opportunity - Specialists. -Sec. 9607. Insider Threat Program. - TITLE III--MARITIME +Sec. 8201. Grade on retirement. +Sec. 8202. Authority for officers to opt out of promotion board + consideration. +Sec. 8203. Temporary promotion authority for officers in certain grades + with critical skills. +Sec. 8204. Career intermission program. +Sec. 8205. Direct commissioning authority for individuals with critical + skills. +Sec. 8206. Employment assistance. + + Subtitle B--Organization and Management Matters + +Sec. 8211. Congressional affairs; Director. +Sec. 8212. Limitations on claims. +Sec. 8213. Renewal of temporary early retirement authority. +Sec. 8214. Major acquisitions; operation and sustainment costs. +Sec. 8215. Support of women serving in the Coast Guard. +Sec. 8216. Disposition of infrastructure related to E-LORAN. +Sec. 8217. Positions of importance and responsibility. +Sec. 8218. Research projects; transactions other than contracts and + grants. +Sec. 8219. Acquisition workforce authorities. +Sec. 8220. Vessel conversion, alteration, and repair projects. +Sec. 8221. Modification of acquisition process and procedures. +Sec. 8222. Establishment and purpose of Fund; definition. +Sec. 8223. Payments from Fund. +Sec. 8224. Determination of contributions to Fund. +Sec. 8225. Payments into Fund. + + Subtitle C--Access to Child Care for Coast Guard Families + +Sec. 8231. Report on child care and school-age care assistance for + qualified families. +Sec. 8232. Review of family support services website and online tracking + system. +Sec. 8233. Study and survey on Coast Guard child care needs. +Sec. 8234. Pilot program to expand access to child care. +Sec. 8235. Improvements to Coast Guard-owned family housing. +Sec. 8236. Briefing on transfer of family child care provider + qualifications and certifications. +Sec. 8237. Inspections of Coast Guard child development centers and + family child care providers. +Sec. 8238. Expanding opportunities for family child care. +Sec. 8239. Definitions. + + Subtitle D--Reports + +Sec. 8240. Modifications of certain reporting requirements. +Sec. 8241. Report on cybersecurity workforce. +Sec. 8242. Report on navigation and bridge resource management. +Sec. 8243. Report on helicopter life-cycle support and recapitalization. +Sec. 8244. Report on Coast Guard response capabilities for cyber + incidents on vessels entering ports or waters of the United + States. +Sec. 8245. Study and report on Coast Guard interdiction of illicit drugs + in transit zones. +Sec. 8246. Report on liability limits set in section 1004 of the Oil + Pollution Act of 1990. +Sec. 8247. Report on Coast Guard defense readiness resources allocation. +Sec. 8248. Report on the feasibility of liquefied natural gas fueled + vessels. +Sec. 8249. Coast Guard authorities study. +Sec. 8250. Report on effects of climate change on Coast Guard. +Sec. 8251. Shore infrastructure. +Sec. 8252. Coast Guard housing; status and authorities briefing. +Sec. 8253. Physical access control system report. +Sec. 8254. Study on Certificate of Compliance inspection program with + respect to vessels that carry bulk liquefied gases as cargo + and liquefied natural gas tank vessels. +Sec. 8255. Comptroller General of the United States review and report on + Coast Guard's International Port Security Program. +Sec. 8256. Comptroller General of the United States review and report on + surge capacity of the Coast Guard. +Sec. 8257. Comptroller General of the United States review and report on + marine inspections program of Coast Guard. +Sec. 8258. Comptroller General of the United States review and report on + information technology program of Coast Guard. +Sec. 8259. Comptroller General of the United States study and report on + access to health care by members of Coast Guard and + dependents. +Sec. 8260. Comptroller General of the United States study and report on + medical staffing standards and needs for Coast Guard. +Sec. 8261. Report on fast response cutters, offshore patrol cutters, and + national security cutters. + + Subtitle E--Coast Guard Academy Improvement Act + +Sec. 8271. Short title. +Sec. 8272. Coast Guard Academy study. +Sec. 8273. Annual report. +Sec. 8274. Assessment of Coast Guard Academy admission processes. +Sec. 8275. Coast Guard Academy minority outreach team program. +Sec. 8276. Coast Guard college student pre-commissioning initiative. +Sec. 8277. Annual board of visitors. +Sec. 8278. Homeland Security rotational cybersecurity research program + at Coast Guard Academy. + + Subtitle F--Other Matters + +Sec. 8281. Strategy on leadership of Coast Guard. +Sec. 8282. Expedited transfer in cases of sexual assault; dependents of + members of the Coast Guard. +Sec. 8283. Access to resources during creosote-related building closures + at Coast Guard Base Seattle, Washington. +Sec. 8284. Southern resident orca conservation and enforcement. +Sec. 8285. Sense of Congress and report on implementation of policy on + issuance of warrants and subpoenas and whistleblower + protections by agents of the Coast Guard Investigative + Service. +Sec. 8286. Inspector General report on access to Equal Opportunity + Advisors and Equal Employment Opportunity Specialists. +Sec. 8287. Insider Threat Program. + + TITLE LVXXXIII--MARITIME Subtitle A--Navigation -Sec. 10101. Electronic charts; equivalency. -Sec. 10102. Subrogated claims. -Sec. 10103. Loan provisions under Oil Pollution Act of 1990. -Sec. 10104. Oil pollution research and development program. -Sec. 10105. Limited indemnity provisions in standby oil spill response - contracts. - Subtitle B--Shipping - -Sec. 10201. Passenger vessel security and safety requirements; - application. -Sec. 10202. Small passenger vessels and uninspected passenger vessels. -Sec. 10203. Non-operating individual. -Sec. 10204. Conforming amendments: training; public safety personnel. -Sec. 10205. Maritime transportation assessment. -Sec. 10206. Engine cut-off switches; use requirement. -Sec. 10207. Authority to waive operator of self-propelled uninspected - passenger vessel requirements. -Sec. 10208. Exemptions and equivalents. -Sec. 10209. Waiver of navigation and vessel inspection laws. -Sec. 10210. Renewal of merchant mariner licenses and documents. -Sec. 10211. Certificate extensions. -Sec. 10212. Vessel safety standards. -Sec. 10213. Medical standards. - Subtitle C--Advisory Committees - -Sec. 10301. Advisory committees. -Sec. 10302. Maritime Transportation System National Advisory Committee. -Sec. 10303. Expired maritime liens. -Sec. 10304. Great Lakes Pilotage Advisory Committee. -Sec. 10305. National Commercial Fishing Safety Advisory Committee. -Sec. 10306. Exemption of commercial fishing vessels operating in - Alaskan Region from Global Maritime - Distress and Safety System requirements of - Federal Communications Commission. - Subtitle D--Ports - -Sec. 10401. Port, harbor, and coastal facility security. -Sec. 10402. Aiming laser pointer at vessel. -Sec. 10403. Safety of special activities. -Sec. 10404. Security plans; reviews. -Sec. 10405. Vessel traffic service. -Sec. 10406. Transportation work identification card pilot program. - TITLE IV--MISCELLANEOUS +Sec. 8301. Electronic charts; equivalency. +Sec. 8302. Subrogated claims. +Sec. 8303. Loan provisions under Oil Pollution Act of 1990. +Sec. 8304. Oil pollution research and development program. - Subtitle A--Navigation and Shipping + Subtitle B--Shipping -Sec. 11101. Coastwise trade. -Sec. 11102. Towing vessels operating outside boundary line. -Sec. 11103. Sense of Congress regarding the maritime industry of the - United States. -Sec. 11104. Cargo preference study. -Sec. 11105. Towing vessel inspection fees. - Subtitle B--Maritime Domain Awareness +Sec. 8311. Passenger vessel security and safety requirements; + application. +Sec. 8312. Small passenger vessels and uninspected passenger vessels. +Sec. 8313. Non-operating individual. +Sec. 8314. Conforming amendments: training; public safety personnel. +Sec. 8315. Maritime transportation assessment. +Sec. 8316. Engine cut-off switches; use requirement. +Sec. 8317. Authority to waive operator of self-propelled uninspected + passenger vessel requirements. +Sec. 8318. Exemptions and equivalents. +Sec. 8319. Renewal of merchant mariner licenses and documents. +Sec. 8320. Certificate extensions. +Sec. 8321. Vessel safety standards. +Sec. 8322. Medical standards. + + Subtitle C--Advisory Committees + +Sec. 8331. Advisory committees. +Sec. 8332. Maritime Transportation System National Advisory Committee. +Sec. 8333. Expired maritime liens. +Sec. 8334. Great Lakes Pilotage Advisory Committee. +Sec. 8335. National Commercial Fishing Safety Advisory Committee. +Sec. 8336. Exemption of commercial fishing vessels operating in Alaskan + Region from Global Maritime Distress and Safety System + requirements of Federal Communications Commission. + + Subtitle D--Ports + +Sec. 8341. Port, harbor, and coastal facility security. +Sec. 8342. Aiming laser pointer at vessel. +Sec. 8343. Safety of special activities. +Sec. 8344. Security plans; reviews. +Sec. 8345. Vessel traffic service. +Sec. 8346. Transportation work identification card pilot program. + + TITLE LVXXXIV--MISCELLANEOUS + + Subtitle A--Navigation and Shipping + +Sec. 8401. Coastwise trade. +Sec. 8402. Towing vessels operating outside boundary line. +Sec. 8403. Sense of Congress regarding the maritime industry of the + United States. +Sec. 8404. Cargo preference study. +Sec. 8405. Towing vessel inspection fees review. + + Subtitle B--Maritime Domain Awareness + +Sec. 8411. Unmanned maritime systems and satellite vessel tracking + technologies. +Sec. 8412. Unmanned aircraft systems testing. +Sec. 8413. Land-based unmanned aircraft system program of Coast Guard. +Sec. 8414. Prohibition on operation or procurement of foreign-made + unmanned aircraft systems. +Sec. 8415. United States commercial space-based radio frequency maritime + domain awareness testing and evaluation program. +Sec. 8416. Authorization of use of automatic identification systems + devices to mark fishing equipment. -Sec. 11201. Unmanned maritime systems and satellite vessel tracking - technologies. -Sec. 11202. Unmanned aircraft systems testing. -Sec. 11203. Land-based unmanned aircraft system program of Coast Guard. -Sec. 11204. Prohibition on operation or procurement of foreign-made - unmanned aircraft systems. -Sec. 11205. United States commercial space-based radio frequency - maritime domain awareness testing and - evaluation program. -Sec. 11206. Authorization of use of automatic identification systems - devices to mark fishing equipment. Subtitle C--Arctic -Sec. 11301. Coast Guard Arctic prioritization. -Sec. 11302. Arctic PARS Native engagement. -Sec. 11303. Voting requirement. -Sec. 11304. Report on the Arctic capabilities of the Armed Forces. -Sec. 11305. Report on Arctic search and rescue. -Sec. 11306. Arctic Shipping Federal Advisory Committee. - Subtitle D--Other Matters - -Sec. 11401. Plan for wing-in-ground demonstration plan. -Sec. 11402. Northern Michigan oil spill response planning. -Sec. 11403. Documentation of LNG tankers. -Sec. 11404. Replacement vessel. -Sec. 11405. Educational vessel. -Sec. 11406. Waters deemed not navigable waters of the United States for - certain purposes. -Sec. 11407. Anchorages. -Sec. 11408. Comptroller General of the United States study and report - on vertical evacuation for tsunamis at - Coast Guard Stations in Washington and - Oregon. -Sec. 11409. Authority to enter into agreements with National Coast - Guard Museum Association. -Sec. 11410. Formal sexual assault policies for passenger vessels. -Sec. 11411. Regulations for covered small passenger vessels. - TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS - -Sec. 12001. Transfers. -Sec. 12002. Additional transfers. -Sec. 12003. License exemptions; repeal of obsolete provisions. -Sec. 12004. Maritime transportation system. -Sec. 12005. References to ``persons'' and ``seamen''. -Sec. 12006. References to ``himself'' and ``his''. -Sec. 12007. Miscellaneous technical corrections. -Sec. 12008. Technical corrections relating to codification of Ports and - Waterways Safety Act. -Sec. 12009. Aids to navigation. -Sec. 12010. Transfers related to employees of Lighthouse Service. -Sec. 12011. Transfers related to surviving spouses of Lighthouse - Service employees. -Sec. 12012. Repeals related to lighthouse statutes. - TITLE VI--FEDERAL MARITIME COMMISSION - -Sec. 13001. Short title. -Sec. 13002. Authorization of appropriations. -Sec. 13003. Unfinished proceedings. -Sec. 13004. Transfer of Federal Maritime Commission provisions. - DIVISION I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES - -Sec. 14001. Short title. - TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE - -Sec. 14101. Sense of Congress on importance of Department of State's - work. -Sec. 14102. Bureau of Democracy, Human Rights, and Labor. -Sec. 14103. Assistant Secretary for International Narcotics and Law - Enforcement Affairs. -Sec. 14104. Bureau of Consular Affairs; Bureau of Population, Refugees, - and Migration. -Sec. 14105. Office of International Disability Rights. -Sec. 14106. Office of Global Women's Issues. -Sec. 14107. Special appointments. -Sec. 14108. Anti-piracy information sharing. -Sec. 14109. Importance of foreign affairs training to national - security. -Sec. 14110. Classification and assignment of Foreign Service officers. -Sec. 14111. Energy diplomacy and security within the Department of - State. -Sec. 14112. The National Museum of American Diplomacy. -Sec. 14113. Extension of period for reimbursement of fishermen for - costs incurred from the illegal seizure and - detention of U.S.-flag fishing vessels by - foreign governments. -Sec. 14114. Art in embassies. -Sec. 14115. Amendment or repeal of reporting requirements. -Sec. 14116. Reporting on implementation of GAO recommendations. -Sec. 14117. Office of Global Criminal Justice. - TITLE II--EMBASSY CONSTRUCTION - -Sec. 14201. Embassy security, construction, and maintenance. -Sec. 14202. Standard design in capital construction. -Sec. 14203. Capital construction transparency. -Sec. 14204. Contractor performance information. -Sec. 14205. Growth projections for new embassies and consulates. -Sec. 14206. Long-range planning process. -Sec. 14207. Value engineering and risk assessment. -Sec. 14208. Business volume. -Sec. 14209. Embassy security requests and deficiencies. -Sec. 14210. Overseas security briefings. -Sec. 14211. Contracting methods in capital construction. -Sec. 14212. Competition in embassy construction. -Sec. 14213. Statement of policy. -Sec. 14214. Definitions. - TITLE III--PERSONNEL ISSUES - -Sec. 14301. Defense Base Act insurance waivers. -Sec. 14302. Study on Foreign Service allowances. -Sec. 14303. Science and technology fellowships. -Sec. 14304. Travel for separated families. -Sec. 14305. Home leave travel for separated families. -Sec. 14306. Sense of Congress regarding certain fellowship programs. -Sec. 14307. Technical correction. -Sec. 14308. Foreign Service awards. -Sec. 14309. Diplomatic programs. -Sec. 14310. Sense of Congress regarding veterans employment at the - Department of State. -Sec. 14311. Employee assignment restrictions and preclusions. -Sec. 14312. Recall and reemployment of career members. -Sec. 14313. Strategic staffing plan for the department. -Sec. 14314. Consulting services. -Sec. 14315. Incentives for critical posts. -Sec. 14316. Extension of authority for certain accountability review - boards. -Sec. 14317. Foreign Service suspension without pay. -Sec. 14318. Foreign Affairs Manual and Foreign Affairs Handbook - changes. -Sec. 14319. Waiver authority for individual occupational requirements - of certain positions. -Sec. 14320. Appointment of employees to the Global Engagement Center. -Sec. 14321. Rest and recuperation and overseas operations leave for - Federal employees. - TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION - -Sec. 14401. Definitions. -Sec. 14402. Collection, analysis, and dissemination of workforce data. -Sec. 14403. Exit interviews for workforce. -Sec. 14404. Recruitment and retention. -Sec. 14405. Leadership engagement and accountability. -Sec. 14406. Professional development opportunities and tools. -Sec. 14407. Examination and oral assessment for the Foreign Service. -Sec. 14408. Payne fellowship authorization. -Sec. 14409. Voluntary participation. - TITLE V--INFORMATION SECURITY - -Sec. 14501. Definitions. -Sec. 14502. Information system security. -Sec. 14503. Prohibition on contracting with certain telecommunications - providers. -Sec. 14504. Preserving records of electronic communications conducted - related to official duties of positions in - the public trust of the American people. -Sec. 14505. Foreign Relations of the United States (FRUS) series and - declassification. -Sec. 14506. Vulnerability Disclosure Policy and Bug Bounty Pilot - Program. - TITLE VI--PUBLIC DIPLOMACY - -Sec. 14601. Short title. -Sec. 14602. Avoiding duplication of programs and efforts. -Sec. 14603. Improving research and evaluation of public diplomacy. -Sec. 14604. Permanent reauthorization of the united states advisory - commission on public diplomacy. -Sec. 14605. Streamlining of support functions. -Sec. 14606. Guidance for closure of public diplomacy facilities. -Sec. 14607. Definitions. - TITLE VII--COMBATING PUBLIC CORRUPTION - -Sec. 14701. Sense of congress. -Sec. 14702. Annual assessment. -Sec. 14703. Transparency and accountability. -Sec. 14704. Designation of embassy anti-corruption points of contact. -Sec. 14705. Reporting requirements. -Sec. 14706. Foreign investments and national security. - TITLE VIII--MISCELLANEOUS - -Sec. 14801. Case-Zablocki Act Reform. -Sec. 14802. Limitation on assistance to countries in default. -Sec. 14803. Prohibition on assistance to governments supporting - international terrorism. -Sec. 14804. Sean and David Goldman Child Abduction Prevention and - Return Act of 2014 amendment. -Sec. 14805. Modification of authorities of Commission for the - Preservation of America's Heritage Abroad. -Sec. 14806. Chief of mission concurrence. - DIVISION J--COMBATING RUSSIAN MONEY LAUNDERING - -Sec. 15001. Short title. -Sec. 15002. Statement of policy. -Sec. 15003. Sense of Congress. -Sec. 15004. Determination with respect to primary money laundering - concern of Russian illicit finance. - DIVISION K--KLEPTOCRACY ASSET RECOVERY REWARDS ACT - -Sec. 16001. Short title. -Sec. 16002. Findings; sense of Congress. -Sec. 16003. In general. - DIVISION L--STOPPING TRAFFICKING, ILLICIT FLOWS, LAUNDERING, AND - EXPLOITATION - -Sec. 17001. Short title. -Sec. 17002. Findings. -Sec. 17003. GAO Study. - DIVISION M--IMPROVING CORPORATE GOVERNANCE THROUGH DIVERSITY - -Sec. 18001. Short title. -Sec. 18002. Submission of data relating to diversity by issuers. -Sec. 18003. Diversity advisory group. - DIVISION N--BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2019 - -Sec. 19001. Short title. -Sec. 19002. Report on financial services benefitting state sponsors of - terrorism, human rights abusers, and - corrupt officials. -Sec. 19003. Waiver. -Sec. 19004. Definitions. -Sec. 19005. Sunset. - DIVISION O--PUBLIC LANDS - -Sec. 20001. Short title. - TITLE I--COLORADO WILDERNESS - -Sec. 20101. Short title; definition. -Sec. 20102. Additions to National Wilderness Preservation System in the - State of Colorado. -Sec. 20103. Administrative provisions. -Sec. 20104. Water. -Sec. 20105. Sense of Congress. -Sec. 20106. Department of defense study on impacts that the expansion - of wilderness designations in the western - united states would have on the readiness - of the armed forces of the united states - with respect to aviation training. - TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING - FORESTS - -Sec. 20201. Short title. -Sec. 20202. Definitions. - Subtitle A--Restoration and Economic Development - -Sec. 20211. South Fork Trinity-Mad River Restoration Area. -Sec. 20212. Redwood National and State Parks restoration. -Sec. 20213. California Public Lands Remediation Partnership. -Sec. 20214. Trinity Lake visitor center. -Sec. 20215. Del Norte County visitor center. -Sec. 20216. Management plans. -Sec. 20217. Study; partnerships related to overnight accommodations. - Subtitle B--Recreation - -Sec. 20221. Horse Mountain Special Management Area. -Sec. 20222. Bigfoot National Recreation Trail. -Sec. 20223. Elk Camp Ridge Recreation Trail. -Sec. 20224. Trinity Lake Trail. -Sec. 20225. Trails study. -Sec. 20226. Construction of mountain bicycling routes. -Sec. 20227. Partnerships. - Subtitle C--Conservation - -Sec. 20231. Designation of wilderness. -Sec. 20232. Administration of wilderness. -Sec. 20233. Designation of potential wilderness. -Sec. 20234. Designation of wild and scenic rivers. -Sec. 20235. Sanhedrin Special Conservation Management Area. - Subtitle D--Miscellaneous - -Sec. 20241. Maps and legal descriptions. -Sec. 20242. Updates to land and resource management plans. -Sec. 20243. Pacific Gas and Electric Company Utility facilities and - rights-of-way. - TITLE III--CENTRAL COAST HERITAGE PROTECTION - -Sec. 20301. Short title. -Sec. 20302. Definitions. -Sec. 20303. Designation of wilderness. -Sec. 20304. Designation of the Machesna Mountain Potential Wilderness. -Sec. 20305. Administration of wilderness. -Sec. 20306. Designation of Wild and Scenic Rivers. -Sec. 20307. Designation of the Fox Mountain Potential Wilderness. -Sec. 20308. Designation of scenic areas. -Sec. 20309. Condor National Scenic Trail. -Sec. 20310. Forest service study. -Sec. 20311. Nonmotorized recreation opportunities. -Sec. 20312. Use by members of Tribes. - TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION - -Sec. 20401. Short title. -Sec. 20402. Definition of State. - Subtitle A--San Gabriel National Recreation Area - -Sec. 20411. Purposes. -Sec. 20412. Definitions. -Sec. 20413. San Gabriel National Recreation Area. -Sec. 20414. Management. -Sec. 20415. Acquisition of non-Federal land within Recreation Area. -Sec. 20416. Water rights; water resource facilities; public roads; - utility facilities. -Sec. 20417. San Gabriel National Recreation Area Public Advisory - Council. -Sec. 20418. San Gabriel National Recreation Area Partnership. -Sec. 20419. Visitor services and facilities. - Subtitle B--San Gabriel Mountains - -Sec. 20421. Definitions. -Sec. 20422. National monument boundary modification. -Sec. 20423. Designation of Wilderness Areas and Additions. -Sec. 20424. Administration of Wilderness Areas and Additions. -Sec. 20425. Designation of Wild and Scenic Rivers. -Sec. 20426. Water rights. - TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION - -Sec. 20501. Short title. -Sec. 20502. Boundary adjustment; land acquisition; administration. - TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS - -Sec. 20601. Short title. -Sec. 20602. Designation of olympic national forest wilderness areas. -Sec. 20603. Wild and scenic river designations. -Sec. 20604. Existing rights and withdrawal. -Sec. 20605. Treaty rights. - TITLE VII--STUDY ON FLOOD RISK MITIGATION - -Sec. 20701. Study on Flood Risk Mitigation. - TITLE VIII--MISCELLANEOUS - -Sec. 20801. Promoting health and wellness for veterans and - servicemembers. -Sec. 20802. Fire, insects, and diseases. -Sec. 20803. Military activities. - DIVISION P--COLORADO OUTDOOR RECREATION AND ECONOMY ACT - -Sec. 21001. Short title. -Sec. 21002. Definition of State. - TITLE I--CONTINENTAL DIVIDE - -Sec. 21101. Definitions. -Sec. 21102. Colorado Wilderness additions. -Sec. 21103. Williams Fork Mountains Wilderness. -Sec. 21104. Tenmile Recreation Management Area. -Sec. 21105. Porcupine Gulch Wildlife Conservation Area. -Sec. 21106. Williams Fork Mountains Wildlife Conservation Area. -Sec. 21107. Camp Hale National Historic Landscape. -Sec. 21108. White River National Forest Boundary modification. -Sec. 21109. Rocky Mountain National Park Potential Wilderness Boundary - adjustment. -Sec. 21110. Administrative provisions. - TITLE II--SAN JUAN MOUNTAINS - -Sec. 21201. Definitions. -Sec. 21202. Additions to National Wilderness Preservation System. -Sec. 21203. Special management areas. -Sec. 21204. Release of wilderness study areas. -Sec. 21205. Administrative provisions. - TITLE III--THOMPSON DIVIDE - -Sec. 21301. Purposes. -Sec. 21302. Definitions. -Sec. 21303. Thompson Divide Withdrawal and Protection Area. -Sec. 21304. Thompson Divide lease exchange. -Sec. 21305. Greater Thompson Divide Fugitive Coal Mine Methane Use - Pilot Program. -Sec. 21306. Effect. - TITLE IV--CURECANTI NATIONAL RECREATION AREA - -Sec. 21401. Definitions. -Sec. 21402. Curecanti National Recreation Area. -Sec. 21403. Acquisition of land; boundary management. -Sec. 21404. General management plan. -Sec. 21405. Boundary survey. - +Sec. 8421. Coast Guard Arctic prioritization. +Sec. 8422. Arctic PARS Native engagement. +Sec. 8423. Voting requirement. +Sec. 8424. Report on the Arctic capabilities of the Armed Forces. +Sec. 8425. Report on Arctic search and rescue. +Sec. 8426. Arctic Shipping Federal Advisory Committee. + + Subtitle D--Other Matters + +Sec. 8431. Plan for wing-in-ground demonstration plan. +Sec. 8432. Northern Michigan oil spill response planning. +Sec. 8433. Documentation of LNG tankers. +Sec. 8434. Replacement vessel. +Sec. 8435. Educational vessel. +Sec. 8436. Waters deemed not navigable waters of the United States for + certain purposes. +Sec. 8437. Anchorages. +Sec. 8438. Comptroller General of the United States study and report on + vertical evacuation for tsunamis at Coast Guard Stations in + Washington and Oregon. +Sec. 8439. Authority to enter into agreements with National Coast Guard + Museum Association. +Sec. 8440. Video equipment; access and retention of records. +Sec. 8441. Regulations for covered small passenger vessels. + + TITLE LVXXXV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS + +Sec. 8501. Transfers. +Sec. 8502. Additional transfers. +Sec. 8503. License exemptions; repeal of obsolete provisions. +Sec. 8504. Maritime transportation system. +Sec. 8505. References to ``persons'' and ``seamen''. +Sec. 8506. References to ``himself'' and ``his''. +Sec. 8507. Miscellaneous technical corrections. +Sec. 8508. Technical corrections relating to codification of Ports and + Waterways Safety Act. +Sec. 8509. Aids to navigation. +Sec. 8510. Transfers related to employees of Lighthouse Service. +Sec. 8511. Transfers related to surviving spouses of Lighthouse Service + employees. +Sec. 8512. Repeals related to lighthouse statutes. +Sec. 8513. Common appropriation structure. + + TITLE LVXXXVI--FEDERAL MARITIME COMMISSION + +Sec. 8601. Short title. +Sec. 8602. Authorization of appropriations. +Sec. 8603. Unfinished proceedings. +Sec. 8604. National Shipper Advisory Committee. +Sec. 8605. Transfer of Federal Maritime Commission provisions. + + DIVISION H--OTHER MATTERS + + TITLE XC--HOMELAND SECURITY MATTERS + +Sec. 9001. Department of Homeland Security CISA Director. +Sec. 9002. Sector risk management agencies. +Sec. 9003. Review and analysis of inland waters seaport security. +Sec. 9004. Department of Homeland Security reports on digital content + forgery technology. +Sec. 9005. GAO study of cybersecurity insurance. +Sec. 9006. Strategy to secure email. +Sec. 9007. Department of Homeland Security large-scale non-intrusive + inspection scanning plan. + + TITLE XCI--VETERANS AFFAIRS MATTERS + +Sec. 9101. Modification of licensure requirements for Department of + Veterans Affairs health care professionals providing treatment + via telemedicine. +Sec. 9102. Additional care for newborn children of veterans. +Sec. 9103. Expansion of eligibility for HUD-VASH. +Sec. 9104. Study on unemployment rate of women veterans who served on + active duty in the Armed Forces after September 11, 2001. +Sec. 9105. Access of veterans to Individual Longitudinal Exposure + Record. +Sec. 9106. Department of Veterans Affairs report on undisbursed funds. +Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of + Veterans Affairs for maintenance by National Cemetery + Administration. +Sec. 9108. Comptroller General report on Department of Veterans Affairs + handling of disability compensation claims by certain + veterans. +Sec. 9109. Additional diseases associated with exposure to certain + herbicide agents for which there is a presumption of service + connection for veterans who served in the Republic of Vietnam. + + TITLE XCII--COMMUNICATIONS MATTERS + +Sec. 9201. Reliable emergency alert distribution improvement. +Sec. 9202. Wireless supply chain innovation and multilateral security. +Sec. 9203. Spectrum information technology modernization efforts. +Sec. 9204. Internet of Things. + + TITLE XCIII--INTELLIGENCE MATTERS + +Sec. 9301. Requirement for facilitation of establishment of social media + data and threat analysis center. +Sec. 9302. Independent study on identifying and addressing threats that + individually or collectively affect national security, + financial security, or both. + + TITLE XCIV--SCIENCE, SPACE, AND TECHNOLOGY MATTERS + + Subtitle A--Cybersecurity Matters + +Sec. 9401. Improving national initiative for cybersecurity education. +Sec. 9402. Development of standards and guidelines for improving + cybersecurity workforce of Federal agencies. +Sec. 9403. Modifications to Federal cyber scholarship-for-service + program. +Sec. 9404. Additional modifications to Federal cyber scholarship-for- + service program. +Sec. 9405. Cybersecurity in programs of the National Science Foundation. +Sec. 9406. Cybersecurity in STEM programs of the National Aeronautics + and Space Administration. +Sec. 9407. National cybersecurity challenges. + + Subtitle B--Other Matters + +Sec. 9411. Established Program to Stimulate Competitive Research. +Sec. 9412. Industries of the future. +Sec. 9413. National Institute of Standards and Technology Manufacturing + Extension Partnership program supply chain database. +Sec. 9414. Study on Chinese policies and influence in the development of + international standards for emerging technologies. +Sec. 9415. Coordination with Hollings Manufacturing Extension + Partnership Centers. + + TITLE XCV--NATURAL RESOURCES MATTERS + +Sec. 9501. Transfer of funds for Oklahoma City national memorial + endowment fund. +Sec. 9502. Workforce issues for military realignments in the Pacific. +Sec. 9503. Affirmation of authority for non-oil and gas operations on + the outer Continental Shelf. + + TITLE XCVI--OVERSIGHT AND REFORM MATTERS + +Sec. 9601. Inventory of program activities of Federal agencies. +Sec. 9602. Preservation of electronic messages and other records. +Sec. 9603. Continuity of the economy plan. + + TITLE XCVII--FINANCIAL SERVICES MATTERS + + Subtitle A--Kleptocracy Asset Recovery Rewards Act + +Sec. 9701. Short title. +Sec. 9702. Sense of Congress. +Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards + Pilot Program. + + Subtitle B--Combating Russian Money Laundering + +Sec. 9711. Short title. +Sec. 9712. Statement of policy. +Sec. 9713. Sense of Congress. +Sec. 9714. Determination with respect to primary money laundering + concern of Russian illicit finance. + + Subtitle C--Other Matters + +Sec. 9721. Certified notice at completion of an assessment. +Sec. 9722. Ensuring Chinese debt transparency. +Sec. 9723. Accountability for World Bank Loans to China. +Sec. 9724. Fairness for Taiwan nationals regarding employment at + international financial institutions. + + TITLE XCIX--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR + AMERICA + +Sec. 9901. Definitions. +Sec. 9902. Semiconductor incentives. +Sec. 9903. Department of Defense. +Sec. 9904. Department of Commerce study on status of microelectronics + technologies in the United States industrial base. +Sec. 9905. Funding for development and adoption of measurably secure + semiconductors and measurably secure semiconductors supply + chains. +Sec. 9906. Advanced microelectronics research and development. +Sec. 9907. Prohibition relating to foreign entities of concern. +Sec. 9908. Defense Production Act of 1950 efforts. + + TITLE C--OTHER MATTERS + +Sec. 10001. AMBER Alert nationwide. +Sec. 10002. Improving authority for operation of unmanned aircraft for + educational purposes. +Sec. 10003. Prohibition on provision of airport improvement grant funds + to certain entities that have violated intellectual property + rights of United States entities. +Sec. 10004. Study and report on the affordability of insulin. +Sec. 10005. Waiver authority with respect to institutions located in an + area affected by Hurricane Maria. +Sec. 10006. Farm and ranch mental health. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. - In this Act, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. +SEC. 4. BUDGETARY EFFECTS OF THIS ACT. + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, jointly submitted for printing in the +Congressional Record by the Chairmen of the House and Senate Budget +Committees, provided that such statement has been submitted prior to +the vote on passage in the House acting first on the conference report +or amendment between the Houses. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS - TITLE I--PROCUREMENT - Subtitle A--Authorization Of Appropriations + Subtitle A--Authorization of Appropriations -SEC. 101. AUTHORIZATION OF APPROPRIATIONS. +Sec. 101. Authorization of appropriations. - Funds are hereby authorized to be appropriated for fiscal year 2021 -for procurement for the Army, the Navy and the Marine Corps, the Air -Force, and Defense-wide activities, as specified in the funding table -in section 4101. + Subtitle B--Army Programs + +Sec. 111. Modifications to requirement for an interim cruise missile + defense capability. +Sec. 112. Report and limitations on acquisition of Integrated Visual + Augmentation System. +Sec. 113. Assessment of investment and sustainment for procurement of + cannon tubes. + + Subtitle C--Navy Programs + +Sec. 121. Limitation on alteration of the Navy fleet mix. +Sec. 122. Limitations on Navy medium and large unmanned surface vessels. +Sec. 123. Fighter force structure acquisition strategy. +Sec. 124. Procurement authorities for certain amphibious shipbuilding + programs. +Sec. 125. Land-based test program for the FFG(X) Frigate program. +Sec. 126. Treatment in future budgets of the President of systems added + by Congress. +Sec. 127. Extension of prohibition on availability of funds for Navy + waterborne security barriers. +Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to + ensure full spectrum electromagnetic superiority. + + Subtitle D--Air Force Programs + +Sec. 131. Minimum operational squadron level. +Sec. 132. Modification of force structure objectives for bomber + aircraft. +Sec. 133. Minimum bomber aircraft force level. +Sec. 134. Required minimum inventory of tactical airlift aircraft. +Sec. 135. Inventory requirements for air refueling tanker aircraft. +Sec. 136. Authority to use F-35A fighter aircraft AT-1 through AT-6. +Sec. 137. F-35 aircraft gun system ammunition. +Sec. 138. Extension of limitation on availability of funds for + retirement of RC-135 aircraft. +Sec. 139. Modification to limitation on retirement of U-2 and RQ-4 + aircraft. +Sec. 140. Modification of limitation on availability of funds for + retirement of E-8 JSTARS aircraft. +Sec. 141. Limitation on divestment of F-15C aircraft within the European + theater. +Sec. 142. Modernization plan for airborne intelligence, surveillance, + and reconnaissance. +Sec. 143. RC-26B manned intelligence, surveillance, and reconnaissance + aircraft. +Sec. 144. Prohibition on funding for Close Air Support Integration + Group. +Sec. 145. Required solution for KC-46 aircraft remote visual system + limitations. +Sec. 146. Analysis of moving target indicator requirements and Advanced + Battle Management System capabilities. +Sec. 147. Study on measures to assess cost-per-effect for key mission + areas. + + Subtitle E--Defense-wide, Joint, and Multiservice Matters + +Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy, + and Air Force. +Sec. 152. Transfer of responsibilities and functions relating to + electromagnetic spectrum operations. +Sec. 153. Cryptographic modernization schedules. +Sec. 154. Department of Defense participation in the Special Federal + Aviation Regulation Working Group. +Sec. 155. Integrated air and missile defense assessment. +Sec. 156. Joint strategy for air base defense against missile threats. +Sec. 157. Joint All Domain Command and Control requirements. +Sec. 158. Expansion of economic order quantity contracting authority for + F-35 aircraft program. +Sec. 159. Documentation relating to the F-35 aircraft program. +Sec. 160. F-35 aircraft munitions. +Sec. 161. Redesign strategy for the Autonomic Logistics Information + System for the F-35 fighter aircraft. +Sec. 162. Briefings on software regression testing for F-35 aircraft. +Sec. 163. Prohibition on use of funds for the Armed Overwatch Program. +Sec. 164. Acceleration of development and fielding of counter unmanned + aircraft systems across the joint force. +Sec. 165. Airborne intelligence, surveillance, and reconnaissance + acquisition roadmap for the United States Special Operations + Command. +Sec. 166. Prohibition on divestiture of manned intelligence, + surveillance, and reconnaissance aircraft operated by United + States Special Operations Command. +Sec. 167. Notification on efforts to replace inoperable ejection seat + aircraft locator beacons. - Subtitle B--Navy Programs + Subtitle A--Authorization of Appropriations -SEC. 111. INDEPENDENT COST ESTIMATE OF FFG(X) FRIGATE PROGRAM. + SEC. 101. AUTHORIZATION OF APPROPRIATIONS. + Funds are hereby authorized to be appropriated for fiscal year 2021 +for procurement for the Army, the Navy and the Marine Corps, the Air +Force and the Space Force, and Defense-wide activities, as specified in +the funding table in section 4101. + + Subtitle B--Army Programs + + SEC. 111. MODIFICATIONS TO REQUIREMENT FOR AN INTERIM CRUISE + MISSILE DEFENSE CAPABILITY. + (a) Plan.--Not later than January 15, 2021, the Secretary of the +Army shall submit to the congressional defense committees the plan, +including a timeline, to operationally deploy or forward station the +interim cruise missile defense capability procured pursuant to section +112 of the John S. McCain National Defense Authorization Act for Fiscal +Year 2019 (Public Law 115-232; 132 Stat. 1660) in an operational +theater or theaters. + (b) Modification of Waiver.--Paragraph (4) of section 112(b) of the +John S. McCain National Defense Authorization Act for Fiscal Year 2019 +(132 Stat. 1661) is amended to read as follows: + ``(4) Waiver.--The Secretary of the Army may waive the + deadlines specified in paragraph (1): + ``(A) For the deadline specified in paragraph (1)(A), if + the Secretary determines that sufficient funds have not been + appropriated to enable the Secretary to meet such deadline. + ``(B) For the deadline specified in paragraph (1)(B), if + the Secretary submits to the congressional defense committees a + certification that-- + ``(i) allocating resources toward procurement of an + integrated enduring capability would provide robust tiered + and layered protection to the joint force; or + ``(ii) additional time is required to complete testing, + training, and preparation for operational capability.''. + SEC. 112. REPORT AND LIMITATIONS ON ACQUISITION OF INTEGRATED + VISUAL AUGMENTATION SYSTEM. + (a) Report Required.-- + (1) In general.--Not later than August 15, 2021, but after + completion of operational testing of the Integrated Visual + Augmentation System (IVAS), the Secretary of the Army shall submit + to the congressional defense committees a report on the Integrated + Visual Augmentation System. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) The acquisition strategy for the Integrated Visual + Augmentation System, including an estimate of the average + production unit cost, a schedule for full-rate production, and + an identification of any hardware and software changes in the + System as a result of operational testing. + (B) A description of the technology levels required for + full-rate production of the System. + (C) A description of operational suitability and soldier + acceptability for the production-representative model System. + (b) Assessment Required.--Not later than 30 days after the +submittal of the report required by subsection (a), the Director of +Operational Test and Evaluation shall submit to the congressional +defense committees an assessment of the matters described pursuant to +subparagraphs (B) and (C) of subsection (a)(2). + (c) Limitation on Use of Funds.--Of the funds authorized to be +appropriated by this Act or otherwise made available for fiscal year +2021 for procurement of the Integrated Visual Augmentation System, not +more than 75 percent may be obligated or expended until the date on +which the Secretary submits to the congressional defense committees the +report required by subsection (a). + SEC. 113. ASSESSMENT OF INVESTMENT AND SUSTAINMENT FOR PROCUREMENT + OF CANNON TUBES. + (a) Assessment Required.--The Secretary of the Army shall conduct +an assessment of the development, production, procurement, and +modernization of the defense industrial base for cannon and large +caliber weapon tubes. + (b) Submittal to Congress.--Not later than 90 days after the date +of the enactment of this Act, the Secretary shall submit to the +congressional defense committees a report setting forth the assessment +conducted under subsection (a). - In accordance with section 2334(b) of title 10, United States -Code, the Secretary of Defense shall ensure that an independent cost -estimate of the full life-cycle cost of the FFG(X) frigate program of -the Navy has been completed before the conclusion of milestone B of -such program. + Subtitle C--Navy Programs -SEC. 112. LIQUIFIED NATURAL GAS PILOT PROGRAM. - - The Secretary of the Navy shall carry out a pilot program under -which the Secretary shall experiment and innovate within the fleet -using liquified natural gas technology to retrofit, modify, or build -vessels capable of dual fueling (diesel and liquified natural gas) or -powered by liquified natural gas alone. - - Subtitle C--Air Force Programs - -SEC. 121. MODIFICATION OF FORCE STRUCTURE OBJECTIVES FOR B-1 BOMBER - AIRCRAFT. - - (a) Modification of Minimum Inventory Requirement.--Section -9062(h)(2) of title 10, United States Code, is amended by striking -``36'' and inserting ``24''. - (b) Temporary Authority To Retire Aircraft.-- - (1) In general.--Notwithstanding section 9062(h)(1) of - title 10, United States Code, the Secretary of the Air Force - may retire up to seventeen B-1 aircraft. - (2) Termination of authority.--The authority of the - Secretary of the Air Force to retire aircraft under paragraph - (1) shall terminate on January 1, 2023. - (c) Preservation of Certain Aircraft and Maintenance Personnel.-- -Until the date on which the Secretary of the Air Force determines that -the B-21 aircraft has attained initial operating capability, the + SEC. 121. LIMITATION ON ALTERATION OF THE NAVY FLEET MIX. + (a) Limitation.-- + (1) In general.--The Secretary of the Navy may not deviate from + the large surface combatant requirements included in the 2016 Navy + Force Structure Assessment until the date on which the Secretary + submits to the congressional defense committees the certification + under paragraph (2) and the report under subsection (b). + (2) Certification.--The certification referred to in paragraph + (1) is a certification, in writing, that the Navy can mitigate the + reduction in multi-mission large surface combatant requirements, + including anti-air and ballistic missile defense capabilities, due + to having a reduced number of DDG-51 Destroyers with the advanced + AN/SPY-6 radar in the next three decades. + (b) Report.--Not later than 90 days after the date of the enactment +of this Act, the Secretary of the Navy shall submit to the +congressional defense committees a report that includes-- + (1) a description of likely detrimental impacts to the large + surface combatant industrial base, and a plan to mitigate such + impacts, if the fiscal year 2021 future-years defense program is + implemented as proposed; + (2) a review of the benefits to the Navy fleet of the new AN/ + SPY-6 radar to be deployed aboard Flight III variant DDG-51 + Destroyers, which are currently under construction, as well as an + analysis of impacts to the warfighting capabilities of the fleet + should the number of such destroyers be reduced; and + (3) a plan to fully implement section 131 of the National + Defense Authorization for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1237), including subsystem prototyping efforts and funding by + fiscal year. + SEC. 122. LIMITATIONS ON NAVY MEDIUM AND LARGE UNMANNED SURFACE + VESSELS. + (a) Milestone B Approval Requirements.--Milestone B approval may +not be granted for a covered program unless such program accomplishes +prior to and incorporates into such approval-- + (1) qualification by the Senior Technical Authority of-- + (A) at least one representative main propulsion system, + including the fuel and lube oil systems; and + (B) at least one representative electrical generation and + distribution system; + (2) final results of test programs of engineering development + models or prototypes showing that critical systems designated + pursuant to subparagraph (C) of section 8669b(c)(2) of title 10, + United States Code, are demonstrated as required by subparagraph + (I) of that section; and + (3) a determination by the milestone decision authority of the + minimum number of vessels, discrete test events, performance + parameters to be tested, and schedule required to complete initial + operational test and evaluation and demonstrate operational + suitability and operational effectiveness. + (b) Qualification Requires Operational Demonstration.--The +qualification required in subsection (a)(1) shall include a land-based +operational demonstration of the systems concerned in the vessel- +representative form, fit, and function for not less than 720 continuous +hours without preventative maintenance, corrective maintenance, +emergent repair, or any other form of repair or maintenance. + (c) Use of Qualified Systems.--The Secretary of the Navy shall +require that covered programs use only main propulsion systems and +electrical generation and distribution systems that are qualified under +subsection (a)(1). + (d) Limitation on Contract Award or Funding.-- + (1) In general.--The Secretary may not award a detail design or + construction contract, or obligate funds from a procurement + account, for a covered program until such program receives + Milestone B approval and the milestone decision authority notifies + the congressional defense committees, in writing, of the actions + taken to comply with the requirements under this section. + (2) Exception.--The limitation in paragraph (1) does not apply + to advanced procurement for government-furnished equipment. + (e) Definitions.--In this section: + (1) Covered program.--The term ``covered program'' means a + program for-- + (A) medium unmanned surface vessels; or + (B) large unmanned surface vessels. + (2) Milestone b approval.--The term ``Milestone B approval'' + has the meaning given the term in section 2366(e)(7) of title 10, + United States Code. + (3) Milestone decision authority.--The term ``milestone + decision authority'' means the official within the Department of + Defense designated with the overall responsibility and authority + for acquisition decisions for an acquisition program, including + authority to approve entry of the program into the next phase of + the acquisition process. + (4) Senior technical authority.--The term ``Senior Technical + Authority'' has the meaning provided for in section 8669b of title + 10, United States Code. + SEC. 123. FIGHTER FORCE STRUCTURE ACQUISITION STRATEGY. + (a) Submittal of Strategy Required.--Not later than March 1, 2021, +the Secretary of the Navy shall submit to the congressional defense +committees a strategy for the Navy for tactical fighter aircraft force +structure acquisition that aligns with the stated capability and +capacity requirements of the Department of the Navy to meet the +National Defense Strategy. + (b) Limitation on Deviation From Strategy.--The Secretary of the +Navy may not deviate from the strategy submitted under subsection (a) +until-- + (1) the Secretary of Defense, in consultation with the Chairman + of the Joint Chiefs of Staff, approves the deviation, in writing; + and + (2) the Secretary of Defense provides the congressional defense + committees the approval of the deviation, together with a + justification for the deviation. + SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS + SHIPBUILDING PROGRAMS. + (a) Contract Authority.-- + (1) Procurement authorized.--In fiscal year 2021, the Secretary + of the Navy may enter into one or more contracts for the + procurement of three San Antonio-class amphibious ships and one + America-class amphibious ship. + (2) Procurement in conjunction with existing contracts.--The + ships authorized to be procured under paragraph (1) may be procured + as additions to existing contracts covering such programs. + (b) Certification Required.--A contract may not be entered into +under subsection (a) unless the Secretary of the Navy certifies to the +congressional defense committees, in writing, not later than 30 days +before entry into the contract, each of the following, which shall be +prepared by the milestone decision authority for such programs: + (1) The use of such a contract is consistent with the projected + force structure requirements of the Department of the Navy for + amphibious ships. + (2) The use of such a contract will result in significant + savings compared to the total anticipated costs of carrying out the + program through annual contracts. In certifying cost savings under + the preceding sentence, the Secretary shall include a written + explanation of-- + (A) the estimated end cost and appropriated funds by fiscal + year, by hull, without the authority provided in subsection + (a); + (B) the estimated end cost and appropriated funds by fiscal + year, by hull, with the authority provided in subsection (a); + (C) the estimated cost savings or increase by fiscal year, + by hull, with the authority provided in subsection (a); + (D) the discrete actions that will accomplish such cost + savings or avoidance; and + (E) the contractual actions that will ensure the estimated + cost savings are realized. + (3) There is a reasonable expectation that throughout the + contemplated contract period the Secretary will request funding for + the contract at the level required to avoid contract cancellation. + (4) There is a stable design for the property to be acquired + and the technical risks associated with such property are not + excessive. + (5) The estimates of both the cost of the contract and the + anticipated cost avoidance through the use of a contract authorized + under subsection (a) are realistic. + (6) The use of such a contract will promote the national + security of the United States. + (7) During the fiscal year in which such contract is to be + awarded, sufficient funds will be available to perform the contract + in such fiscal year, and the future-years defense program (as + defined under section 221 of title 10, United States Code) for such + fiscal year will include the funding required to execute the + program without cancellation. + (c) Authority for Advance Procurement.--The Secretary of the Navy +may enter into one or more contracts for advance procurement associated +with a vessel or vessels for which authorization to enter into a +contract is provided under subsection (a), and for systems and +subsystems associated with such vessels in economic order quantities +when cost savings are achievable. + (d) Condition for Out-year Contract Payments.--A contract entered +into under subsection (a) shall provide that any obligation of the +United States to make a payment under the contract for a fiscal year is +subject to the availability of appropriations for that purpose for such +fiscal year. + (e) Milestone Decision Authority Defined.--In this section. the +term ``milestone decision authority'' has the meaning given the term in +section 2366a(d) of title 10, United States Code. + SEC. 125. LAND-BASED TEST PROGRAM FOR THE FFG(X) FRIGATE PROGRAM. + (a) Test Program for Engineering Plant Required.--Prior to the +delivery date of the lead ship in the FFG(X) Frigate class of vessels, +the Secretary of the Navy shall commence a land-based test program for +the engineering plant of such class of vessels. + (b) Administration.--The test program required by subsection (a) +shall be administered by the Senior Technical Authority for the FFG(X) +Frigate class of vessels. + (c) Elements.--The test program required by subsection (a) shall +include, at a minimum, testing of the following equipment in vessel- +representative form: + (1) Main Reduction Gear. + (2) Electrical Propulsion Motors. + (3) Other propulsion drive train components. + (4) Main propulsion system. + (5) Auxiliary propulsion unit. + (6) Electrical generation system, + (7) Shipboard control systems. + (8) Power control modules, + (d) Test Objectives.--The test program required by subsection (a) +shall include, at a minimum, the following test objectives demonstrated +across the full range of engineering plant operations for the FFG(X) +Frigate class of vessels: + (1) Test of the full propulsion drive train. + (2) Test and facilitation of machinery control systems + integration. + (3) Simulation of the full range of electrical demands to + enable the investigation of load dynamics between the Hull, + Mechanical and Electrical equipment, Combat System, and auxiliary + equipment. + (e) Completion Date.--The Secretary shall complete the test program +required by subsection (a) by not later than the date on which the lead +ship in the FFG(X) Frigate class of vessels is scheduled to be +available for tasking by operational military commanders. + (f) Definitions.--In this section: + (1) Delivery date.--The term ``delivery date'' has the meaning + provided for in section 8671 of title 10, United States Code. + (2) Senior technical authority.--The term ``Senior Technical + Authority'' has the meaning provided for in section 8669b of title + 10, United States Code. + SEC. 126. TREATMENT IN FUTURE BUDGETS OF THE PRESIDENT OF SYSTEMS + ADDED BY CONGRESS. + In the event the procurement quantity for a system authorized by +Congress in a National Defense Authorization Act for a fiscal year, and +for which funds for such procurement quantity are appropriated by +Congress in the Shipbuilding and Conversion, Navy account for such +fiscal year, exceeds the procurement quantity specified in the budget +of the President, as submitted to Congress under section 1105 of title +31, United States Code, for such fiscal year, such excess procurement +quantity shall not be specified as a new procurement quantity in any +budget of the President, as so submitted, for any fiscal year after +such fiscal year. + SEC. 127. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR + NAVY WATERBORNE SECURITY BARRIERS. + Section 130(a) of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as +amended by section 126 of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1235), is further +amended by striking ``for fiscal year 2019 or fiscal year 2020'' and +inserting ``for fiscal years 2019, 2020, or 2021''. + SEC. 128. REPORT ON STRATEGY TO USE ALQ-249 NEXT GENERATION JAMMER + TO ENSURE FULL SPECTRUM ELECTROMAGNETIC SUPERIORITY. + (a) Report.--Not later than July 30, 2021, the Secretary of the +Navy, in consultation with the Vice Chairman of the Joint Chiefs, shall +submit to the congressional defense committees a report with a strategy +to ensure full spectrum electromagnetic superiority using the ALQ-249 +Next Generation Jammer. + (b) Elements.--The report required by subsection (a) shall include +the following elements: + (1) A description of the current procurement strategy for the + ALQ-249, and the analysis of its capability to meet the radio + frequency (RF) ranges required in highly contested and denied + environment conflicts. + (2) An assessment of the compatibility and ability of the ALQ- + 249 to synchronize non-kinetic fires using other Joint Electronic + Warfare (EW) platforms. + (3) A future model of an interlinked/interdependent electronic + warfare menu of options for commanders at tactical, operational, + and strategic levels. + + Subtitle D--Air Force Programs + + SEC. 131. MINIMUM OPERATIONAL SQUADRON LEVEL. + (a) Policy on Air Force Aviation Force Structure.--As soon as +practicable after the date of the enactment of this Act and subject to +the availability of appropriations, the Secretary of the Air Force +shall seek to achieve the capabilities provided by a minimum of 386 +available operational squadrons, or equivalent organizational units. In +addition, the Secretary shall seek to achieve not fewer than 3,580 +combat coded aircraft within the Air Force. + (b) Exception to Policy.--If, based on the fielding of new +capabilities and formal force structure capability assessments +supporting the most recent National Defense Strategy, the Secretary of +the Air Force, in consultation with the Chief of Staff of the Air Force +and the Chairman of the Joint Chiefs of Staff, makes a determination +that a modification to the quantity of operational squadrons or combat- +coded aircraft in subsection (a) is necessary, the Secretary shall +submit a report at the earliest opportunity to the congressional +defense committees describing the modifications of the revised force +structure and how the quantity of combat coded aircraft and operational +squadrons developed supports a moderate operational risk force +structure in support of the National Defense Strategy. + (c) Expiration of Policy.--The policy in subsection (a) shall +expire on September 30, 2025. + (d) Moderate Operational Risk Defined.--In this section, the term +``moderate operational risk'' shall be construed as defined in the most +recent publication of the Chairman of the Joint Chiefs of Staff Manual +3105.01 titled ``Joint Risk Analysis''. + SEC. 132. MODIFICATION OF FORCE STRUCTURE OBJECTIVES FOR BOMBER + AIRCRAFT. + (a) Minimum Level for All Bomber Aircraft.-- + (1) In general.--During the period beginning on the date of the + enactment of this Act and ending on October 1, 2025, the Secretary + of the Air Force shall, except as provided in paragraph (2), + maintain not less than 92 bomber aircraft based on the Primary + Mission Aircraft Inventory (PMAI) of the Air Force. + (2) Exception.--The Secretary may reduce the number of aircraft + required by the Primary Mission Aircraft Inventory below the number + specified in paragraph (1) if the Secretary determines, on a case- + by-case basis, that a bomber aircraft is no longer to be so + required because such aircraft is no longer mission capable due to + mishap or other damage, or being uneconomical to repair. + (b) Repeal of Minimum B-1 Inventory Requirement.--Section 9062 of +title 10, United States Code, is amended by striking subsection (h). + (c) Preservation of Certain B-1 Aircraft and Maintenance +Personnel.--Until the date on which the Secretary determines that the +B-21 bomber aircraft has attained initial operating capability, the Secretary-- - (1) shall preserve each B-1 aircraft that is retired under - subsection (b), in a manner that ensures the components and - parts of such aircraft are maintained in reclaimable condition - that is consistent with type 2000 recallable storage, or - better; and - (2) may not reduce the number of billets assigned to - maintenance of B-1 aircraft in effect on January 1, 2020. - -SEC. 122. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR - RETIREMENT OF RC-135 AIRCRAFT. - - Section 148(a) of the National Defense Authorization Act for Fiscal -Year 2020 (Public Law 116-92; 133 Stat. 1243) is amended by striking -``for fiscal year 2020'' and inserting ``for any of fiscal years 2020 -through 2025''. - -SEC. 123. MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS FOR - RETIREMENT OF E-8 JSTARS AIRCRAFT. - - Section 147(a) of the John S. McCain National Defense Authorization -Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is -amended by striking ``certifies to the congressional defense committees -that Increment 2 of the Advanced Battle-Management System of the Air -Force has declared initial operational capability as defined in the -Capability Development Document for the System'' and inserting -``certifies to the congressional defense committees that-- - ``(1) the Secretary has identified a replacement capability - and capacity for the current fleet of 16 E-8 Joint Surveillance - Target Attack Radar System aircraft to meet global combatant - command requirements; and - ``(2) such replacement delivers capabilities that are - comparable or superior to the capabilities delivered by such - aircraft.''. - -SEC. 124. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ADVANCED BATTLE - MANAGEMENT SYSTEM PENDING CERTIFICATION RELATING TO RQ-4 - AIRCRAFT. - - (a) Limitation.--Of the funds authorized to be appropriated by this -Act or otherwise made available for fiscal year 2021 for the Department -of the Air Force for the Advanced Battle Management System, not more -than 50 percent may be obligated or expended until-- - (1) the Secretary of the Air Force certifies, in writing, - to the Committees on Armed Services of the Senate and the House - of Representatives that the Secretary will not retire, or - prepare to retire, any RQ-4 aircraft during fiscal year 2021; - (2)(A) the Under Secretary of Defense for Acquisition and - Sustainment certifies, in writing, to such Committees that, - with respect to the RQ-4 aircraft, the validated operating and - sustainment costs of any capability developed to replace the - RQ-4 aircraft are less than the validated operating and - sustainment costs for the RQ-4 aircraft on a comparable flight- - hour cost basis; and - (B) the Chairman of the Joint Requirements Oversight - Council certifies, in writing, to such Committees that any such - capability to be fielded at the same time or before the - retirement of the RQ-4 aircraft would result in equal or - greater capability available to the commanders of the combatant - commands and would not result in less capacity available to the - commanders of the combatant commands; or - (3) the Secretary of Defense-- - (A) certifies, in writing, to such Committees that - the Secretary has determined, after analyzing - sufficient and relevant data, that a capability - superior to the RQ-4 aircraft is worth increased - operating and sustainment costs; and - (B) provides to such Committees analysis supporting - such determination. - (b) Consultation Requirement.--Before issuing a certification under -subsection (a), the official responsible for issuing such certification -shall consult with the combatant commanders on the matters covered by -the certification. - (c) Advanced Battle Management System Defined.--In this section, -the term ``Advanced Battle Management System'' has the meaning given -that term in section 236(c) of the National Defense Authorization Act -for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1281). - -SEC. 125. INVENTORY REQUIREMENTS FOR CERTAIN AIR REFUELING TANKER - AIRCRAFT. - - (a) Minimum Inventory Requirements for KC-10A Aircraft.-- - (1) Fiscal year 2021.--During the period beginning on the - date of the enactment of this Act and ending on October 1, - 2021, the Secretary of the Air Force shall maintain a minimum - of 50 KC-10A aircraft designated as primary mission aircraft - inventory. - (2) Fiscal year 2022.--During the period beginning on - October 1, 2021, and ending on October 1, 2022, the Secretary - of the Air Force shall maintain a minimum of 38 KC-10A aircraft - designated as primary mission aircraft inventory. - (3) Fiscal year 2023.--During the period beginning on - October 1, 2022, and ending on October 1, 2023, the Secretary - of the Air Force shall maintain a minimum of 26 KC-10A aircraft - designated as primary mission aircraft inventory. - (b) Prohibition on Retirement of KC-135 Aircraft.-- - (1) Prohibition.--Except as provided in paragraph (2), - during the period beginning on the date of the enactment of - this Act and ending on October 1, 2023, the Secretary of the - Air Force may not retire, or prepare to retire, any KC-135 - aircraft. - (2) Exception.--The prohibition in paragraph (1) shall not - apply to individual KC-135 aircraft that the Secretary of the - Air Force determines, on a case-by-case basis, to be no longer - mission capable because of mishaps, other damage, or being - uneconomical to repair. - (c) KC-135 Aircraft Fleet Management.--None of the funds authorized + (1) shall preserve four B-1 aircraft that are retired pursuant + to subsection (a), in a manner that ensures the components and + parts of each such aircraft are maintained in reclaimable condition + that is consistent with type 2000 recallable storage, or better; + and + (2) may not reduce the number of billets assigned to + maintenance of B-1 aircraft in effect on January 1, 2020. + SEC. 133. MINIMUM BOMBER AIRCRAFT FORCE LEVEL. + (a) In General.--Not later than February 1, 2021, the Secretary of +the Air Force shall submit to the congressional defense committees a +report with recommendations for the bomber aircraft force structure +that enables the Air Force to meet the requirements of its long-range +strike mission under the National Defense Strategy. + (b) Elements.--The report required by subsection (a) shall include +each of the following elements: + (1) The bomber force structure necessary to meet the + requirements of the long-range strike mission of the Air Force + under the National Defense Strategy, including-- + (A) the total minimum number of bomber aircraft; and + (B) the minimum number of primary mission aircraft. + (2) The penetrating bomber force structure necessary to meet + the requirements of the long-range strike mission of the Air Force + in contested or denied environments under the National Defense + Strategy, including-- + (A) the total minimum number of penetrating bomber + aircraft; and + (B) the minimum number of primary mission penetrating + bomber aircraft. + (3) A roadmap outlining how the Air Force plans to reach the + force structure identified under paragraphs (1) and (2), including + an established goal date for achieving the minimum number of bomber + aircraft. + (c) Form.--The report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. + (d) Publication.--The Secretary shall make available to the public +the unclassified form of the report submitted under subsection (a). + (e) Bomber Aircraft Defined.--In this section, the term ``bomber +aircraft'' includes penetrating bombers in addition to B-52H aircraft. + SEC. 134. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT. + (a) In General.--The Secretary of the Air Force shall maintain-- + (1) a total primary mission aircraft inventory of 230 aircraft; + and + (2) a total tactical airlift aircraft inventory of not less + than 287 aircraft. + (b) Exception.--The Secretary of the Air Force may reduce the +number of C-130 aircraft in the Air Force below the minimum number +specified in subsection (a) if the Secretary of the Air Force +determines, on a case-by-case basis, that an aircraft is no longer +mission capable because of a mishap or other damage. + (c) Savings Clause.--During fiscal year 2021, the Secretary of the +Air Force is prohibited from reducing the total tactical airlift +aircraft inventory entirely from the National Guard. + (d) Sunset.--This section shall not apply after October 1, 2021. + SEC. 135. INVENTORY REQUIREMENTS FOR AIR REFUELING TANKER AIRCRAFT. + (a) In General.--During the period beginning on the date of the +enactment of this Act and ending on October 1, 2025, the Secretary of +the Air Force shall maintain not less than 412 tanker aircraft based on +Primary Mission Aircraft Inventory (PMAI) of the Air Force. + (b) Minimum Inventory Requirements for KC-10A Aircraft.--Except as +provided in subsection (e)(1): + (1) Fiscal year 2021.--During the period beginning on the date + of the enactment of this Act and ending on October 1, 2021, the + Secretary of the Air Force shall maintain a minimum of 50 KC-10A + aircraft designated as primary mission aircraft inventory. + (2) Fiscal year 2022.--During the period beginning on October + 1, 2021, and ending on October 1, 2022, the Secretary of the Air + Force shall maintain a minimum of 38 KC-10A aircraft designated as + primary mission aircraft inventory. + (3) Fiscal year 2023.--During the period beginning on October + 1, 2022, and ending on October 1, 2023, the Secretary of the Air + Force shall maintain a minimum of 26 KC-10A aircraft designated as + primary mission aircraft inventory. + (c) Prohibition on Retirement of KC-135 Aircraft.--Except as +provided in subsection (e), during the period beginning on the date of +the enactment of this Act and ending on October 1, 2023, the Secretary +of the Air Force may not retire, or prepare to retire, any KC-135 +aircraft. + (d) KC-135 Aircraft Fleet Management.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to reduce the number of KC-135 aircraft designated as primary mission aircraft inventory. - (d) Primary Mission Aircraft Inventory Defined.--In this section, + (e) Exceptions.-- + (1) KC-10A aircraft.--The requirement in subsection (b) shall + not apply to an aircraft otherwise required to be maintained by + that subsection if the the Secretary of the Air Force determines, + on a case-by-case basis, that such aircraft is no longer mission + capable due to mishap or other damage, or being uneconomical to + repair. + (2) KC-135 aircraft.--The requirement in subsection (c) shall + not apply to an aircraft otherwise required to be maintained by + that subsection if the Secretary of the Air Force-- + (A) at any time during the period beginning on the date of + the enactment of this Act and ending on October 1, 2023, + determines, on a case-by-case basis, that such aircraft is no + longer mission capable due to mishap or other damage, or being + uneconomical to repair; or + (B) during fiscal year 2023, certifies in writing to the + congressional defense committees, not later than 30 days before + the date of divestment of such aircraft, that the Air Force can + meet combatant command tanker aircraft requirements by + leveraging Air National Guard and Air Force Reserve capacity + with increased Military Personnel Appropriation (MPA) Man-day + Tours to the reserve force. + (f) Primary Mission Aircraft Inventory Defined.--In this section, the term ``primary mission aircraft inventory'' has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code. - -SEC. 126. LIMITATION ON PRODUCTION OF KC-46A AIRCRAFT. - - (a) Limitation.--None of the funds authorized to be appropriated by -this Act or otherwise made available for fiscal year 2021 for the Air -Force may be used to approve the full-rate production of KC-46A -aircraft or enter into a contract for the production of more than -twelve KC-46A aircraft until the date on which the Secretary of the Air -Force certifies to the congressional defense committees that all -category-one deficiencies in the systems of the aircraft have been -corrected, including the deficiencies affecting the aircraft's remote -visioning system, telescoping actuator in the boom system, and primary -fuel containment system. - (b) Report.--Not later than February 1, 2021, the Secretary of the -Air Force shall submit to the congressional defense committees a report -on the KC-46A aircraft. The report shall include-- - (1) a schedule for the correction of each category-one - deficiency described in subsection (a); - (2) a plan to engage an independent test organization to - verify the effectiveness of any proposed solutions to such - category-one deficiencies; and - (3) an acquisition strategy for the aircraft that-- - (A) identifies principal acquisition milestones; - and - (B) will ensure that there is sufficient - competition for the procurement of a nondevelopmental - tanker aircraft at the conclusion of the KC-46A - production contract in effect as of the date of the - enactment of this Act. - (c) Category-One Deficiency Defined.--The term ``category-one -deficiency'' means a deficiency that may cause-- - (1) death or severe injury to personnel; or - (2) major loss or damage to critical aircraft capabilities. - -SEC. 127. ASSESSMENT AND CERTIFICATION RELATING TO OC-135 AIRCRAFT. - + SEC. 136. AUTHORITY TO USE F-35A FIGHTER AIRCRAFT AT-1 THROUGH AT- + 6. + (a) In General.--Subject to written approval by the Secretary of +Defense to the Secretary of the Air Force, the Secretary of the Air +Force is authorized to utilize, modify, and operate the six F-35A +aircraft designated as AT-1 through AT-6 that are possessed by the +United Government and currently reside in long-term storage at Edwards +Air Force Base, California. + (b) Notice on Approval.--Not later than 15 days after the Secretary +of Defense provides written approval to the Secretary of the Air Force +as described in subsection (a), the Secretary of Defense shall provide +a copy of the written approval to the congressional defense committees. + SEC. 137. F-35 AIRCRAFT GUN SYSTEM AMMUNITION. + The Director of the F-35 Joint Program Office shall, in +consultation with the Secretary of the Air Force, take appropriate +actions to ensure that any 25mm ammunition fielded for use by F-35A +aircraft-- + (1) provides effective full-spectrum target engagement + capability; and + (2) meets the required operational employment probability of + kill specifications for the F-35A aircraft. + SEC. 138. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR + RETIREMENT OF RC-135 AIRCRAFT. + Section 148(a) of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1243) is amended by inserting +``, or for fiscal year 2021,'' after ``for fiscal year 2020''. + SEC. 139. MODIFICATION TO LIMITATION ON RETIREMENT OF U-2 AND RQ-4 + AIRCRAFT. + Section 136 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1317) is amended by striking +subsection (b) and inserting the following new subsection (b): + ``(b) Waiver.--The Secretary of Defense may waive a certification +requirement under paragraphs (1) or (2) of subsection (a) with respect +to U-2 aircraft or RQ-4 aircraft if the Secretary-- + ``(1) with respect to the requirement under paragraph (1) of + that subsection-- + ``(A) determines, after analyzing sufficient and relevant + data, that a greater capability is worth increased operating + and sustainment costs; and + ``(B) provides to the appropriate committees of Congress a + certification on such determination and supporting analysis; + and + ``(2) with respect to the requirement under paragraph (2) of + that subsection-- + ``(A) determines, after analyzing sufficient and relevant + data, that a loss in capacity and capability will not prevent + the combatant commands from accomplishing their missions at + acceptable levels of risk; and + ``(B) provides to the appropriate committees of Congress a + certification of such determination and supporting analysis.''. + SEC. 140. MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS FOR + RETIREMENT OF E-8 JSTARS AIRCRAFT. + Section 147 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is +amended-- + (1) in subsection (a), by striking ``certifies to the + congressional defense committees that Increment 2 of the Advanced + Battle-Management System of the Air Force has declared initial + operational capability as defined in the Capability Development + Document for the System'' and inserting ``certifies to the + congressional defense committees that-- + ``(1) the Secretary has identified-- + ``(A) a capability with sufficient capacity to replace the + current fleet of 16 E-8 Joint Surveillance Target Attack Radar + System aircraft in a manner that meets global combatant command + requirements; and + ``(B) potential global basing locations for such + capability; and + ``(2) such replacement capability delivers capabilities that + are comparable or superior to the capabilities delivered by such + aircraft.''; and + (2) in subsection (c)-- + (A) in paragraph (3), by striking ``Increment 1, 2, and + 3''; and + (B) in paragraph (4), by striking ``until Increment 2 of + the Advanced Battle-Management System declares initial + operational capability'' and inserting ``until the Advanced + Battle Management System delivers equivalent capability''. + SEC. 141. LIMITATION ON DIVESTMENT OF F-15C AIRCRAFT WITHIN THE + EUROPEAN THEATER. + (a) In General.--The Secretary of the Air Force may not divest any +F-15C aircraft within the area of responsibility of the United States +European Command until 180 days after the report required by subsection +(b) is submitted to the congressional defense committees. + (b) Report.-- + (1) In general.--Not later than March 1, 2021, the Commander of + the United States European Command shall, in consultation with the + Commander of United States Air Forces Europe, submit to the + congressional defense committees a report that describes the + strategy, force structure construct and capacity, and strategy + implementation plan to replace the capability and capacity provided + by the F-15C aircraft in the area of responsibility of the United + States European Command in a manner that maintains an inherent and + equal or better air superiority capability and capacity to that + provided by the F-15C aircraft in that area of responsibility. + (2) Form.--The report under paragraph (1) shall submitted in + unclassified form, but may contain a classified annex. + SEC. 142. MODERNIZATION PLAN FOR AIRBORNE INTELLIGENCE, + SURVEILLANCE, AND RECONNAISSANCE. + (a) Modernization Plan.-- + (1) In general.--The Secretary of the Air Force shall develop a + comprehensive plan for the modernization of airborne intelligence, + surveillance, and reconnaissance, which shall-- + (A) ensure the alignment between requirements, both current + and future, and Air Force budget submissions to meet such + requirements; and + (B) inform the preparation of future defense program and + budget requests by the Secretary, and the consideration of such + requests by Congress. + (2) Elements.--The plan required by paragraph (1) shall include + the following: + (A) An assessment of all airborne intelligence, + surveillance, and reconnaissance missions, both current + missions and future missions anticipated to be necessary to + support the national defense strategy. + (B) An analysis of platforms, capabilities, and capacities + necessary to fulfill such current and future missions. + (C) The anticipated life-cycle budget associated with each + platform, capability, and capacity requirement for both current + and anticipated future requirements. + (D) An analysis showing operational, budget, and schedule + trade-offs between sustainment of currently fielded + capabilities, modernization of currently fielded capabilities, + and development and production of new capabilities. + (b) Report to Congress.-- + (1) In general.--Not later than March 30, 2021, the Secretary + of the Air Force shall submit to the congressional defense + committees a report that includes-- + (A) the comprehensive modernization plan required by + subsection (a); and + (B) a strategy for carrying out such plan through fiscal + year 2030. + (2) Form.--The report required under paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + SEC. 143. RC-26B MANNED INTELLIGENCE, SURVEILLANCE, AND + RECONNAISSANCE AIRCRAFT. (a) Limitation.--Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to retire, divest, realign, or place in storage or on backup aircraft inventory status, or prepare to retire, divest, realign, or -place in storage or backup inventory status, any OC-135 aircraft until -a period of 90 days has elapsed following the date on which the -Secretary of the Air Force submits to the congressional defense -committees-- - (1) the report required under subsection (c); and - (2) the certification required under subsection (d). - (b) Exception.--The limitation in subsection (a) shall not apply -to-- - (1) individual OC-135 aircraft that the Secretary of the - Air Force determines, on a case-by-case basis, to be no longer - mission capable because of mishaps or other damage; or - (2) funds obligated or expended-- - (A) for the preparation of the report required - under subsection (c); or - (B) for the Air Force to assess options to - repurpose the OC-135 aircraft to support other mission - requirements. - (c) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of the Air Force shall submit to -the congressional defense committees a report that includes the +place in storage or on backup aircraft inventory status, any RC-26B +aircraft. + (b) Exception.--The limitation in subsection (a) shall not apply to +individual RC-26B aircraft that the Secretary of the Air Force +determines, on a case-by-case basis, to be no longer mission capable +because of mishap or other damage. + (c) Funding for Aircraft Platform.-- + (1) Of the amount authorized to be appropriated for fiscal year + 2021 by section 301 for operation and maintenance and available for + operation and maintenance, Air National Guard, as specified in the + funding table in section 4301, the Secretary of the Air Force may + transfer up to $18,500,000 to be used in support of the RC-26B + manned intelligence, surveillance, and reconnaissance platform. + (2) Of the amount authorized to be appropriated for fiscal year + 2021 by section 421 and available for military personnel for + military personnel, Air National Guard, specified in the funding + table in section 4401, the Secretary of the Air Force may transfer + up to $13,000,000 to be used in support of personnel who operate + and maintain the RC-26B manned intelligence, surveillance, and + reconnaissance platform. + (d) Memoranda of Agreement.--Notwithstanding any other provision of +law, the Secretary of Defense may enter into one or more memoranda of +agreement or cost sharing agreements with other departments and +agencies of the Federal Government under which the RC-26B aircraft may +be used to assist with the missions and activities of such departments +and agencies. + SEC. 144. PROHIBITION ON FUNDING FOR CLOSE AIR SUPPORT INTEGRATION + GROUP. + No funds authorized to be appropriated by this Act may be obligated +or expended for the Close Air Support Integration Group (CIG) or its +subordinate units at Nellis Air Force Base, Nevada, and the Air Force +may not utilize personnel or equipment in support of the CIG or its +subordinate units. + SEC. 145. REQUIRED SOLUTION FOR KC-46 AIRCRAFT REMOTE VISUAL SYSTEM + LIMITATIONS. + The Secretary of the Air Force shall develop and implement a +complete, permanent solution to the KC-46 aircraft remote visual system +(RVS) operational limitations. Not later than February 1, 2021, the +Secretary shall submit to the congressional defense committees an +implementation strategy for the solution. + SEC. 146. ANALYSIS OF MOVING TARGET INDICATOR REQUIREMENTS AND + ADVANCED BATTLE MANAGEMENT SYSTEM CAPABILITIES. + (a) Analysis.--Not later than April 1, 2021, the Secretary of the +Air Force, in consultation with the commanders of the combatant +commands, shall develop an analysis of current and future moving target +indicator requirements across the combatant commands and operational +and tactical level command and control capabilities the Advanced Battle +Management System (ABMS) will require when fielded. + (b) JROC Requirements.-- + (1) In general.--Not later than 60 days after the Secretary of + the Air Force develops the analysis under subsection (a), the Joint + Requirements Oversight Council (JROC) shall certify that + requirements for the Advanced Battle Management System incorporate + the findings of the analysis. + (2) Congressional notification.--The Joint Requirements + Oversight Council shall notify the congressional defense committees + upon making the certification required under paragraph (1), and + provide a briefing on the requirements and findings described in + such paragraph not later than 30 days after such notification. + SEC. 147. STUDY ON MEASURES TO ASSESS COST-PER-EFFECT FOR KEY + MISSION AREAS. + (a) In General.--Not later than January 1, 2021, the Secretary of +the Air Force shall provide for the performance of an independent study +designed to devise new measures to assess cost-per-effect for key +mission areas of the Air Force. The study shall be conducted by a +Federally funded research and development center selected by the +Secretary for purposes of the study. + (b) Scope.--The study conducted pursuant to subsection (a) shall +address the following matters: + (1) Number of weapon systems required to meet a specified + mission goal. + (2) Number of personnel required to meet a specified mission + goal. + (3) Associated operation and maintenance costs necessary to + facilitate respective operational constructs. + (4) Basing requirements for respective force constructs. + (5) Mission support elements required to facilitate specified + operations. + (6) Defensive measures required to facilitate viable mission + operations. + (7) Attrition due to enemy countermeasures and other loss + factors associated with respective technologies. + (8) Associated weapon effects costs compared to alternative + forms of power projection. + (c) Implementation of Measures.--The Secretary shall, as the +Secretary considers appropriate, incorporate the findings of the study +conducted pursuant to subsection (a) into the future force development +processes of the Air Force. The measures-- + (1) should be domain and platform agnostic; + (2) should focus on how best to achieve mission goals in future + operations; and + (3) shall consider including cost-per-effect metrics as a key + performance parameter for any Air Force acquisition programs that + enter the Joint Capabilities Integration and Development System + (JCIDS) requirements process of the Department of Defense. + + Subtitle E--Defense-wide, Joint, and Multiservice Matters + + SEC. 151. BUDGETING FOR LIFE-CYCLE COSTS OF AIRCRAFT FOR THE ARMY, + NAVY, AND AIR FORCE. + (a) In General.--Chapter 9 of title 10, United States Code, is +amended by inserting after section 231 the following new section: +``Sec. 231a. Budgeting for life-cycle costs of aircraft for the Army, + Navy, and Air Force: annual plan and certification + ``(a) Annual Aircraft Procurement Plan and Certification.--Not +later than 30 days after the date on which the President submits to +Congress the budget for a fiscal year, the Secretary of Defense shall +submit to the congressional defense committees the following: + ``(1) A plan for the procurement of the aircraft specified in + subsection (b) for each of the Department of the Army, the + Department of the Navy, and the Department of the Air Force + developed in accordance with this section. + ``(2) A certification by the Secretary that both the budget for + such fiscal year and the future-years defense program submitted to + Congress in relation to such budget under section 221 of this title + provide for funding of the procurement of aircraft at a level that + is sufficient for the procurement of the aircraft provided for in + the plan under paragraph (1) on the schedule provided in the plan. + ``(b) Covered Aircraft.--The aircraft specified in this subsection +are the aircraft as follows: + ``(1) Fighter aircraft. + ``(2) Attack aircraft. + ``(3) Bomber aircraft. + ``(4) Intertheater lift aircraft. + ``(5) Intratheater lift aircraft. + ``(6) Intelligence, surveillance, and reconnaissance aircraft. + ``(7) Tanker aircraft. + ``(8) Remotely piloted aircraft. + ``(9) Rotary-wing aircraft. + ``(10) Operational support and executive lift aircraft. + ``(11) Any other major support aircraft designated by the + Secretary of Defense for purposes of this section. + ``(c) Annual Aircraft Procurement Plan.--(1) The annual aircraft +procurement plan developed for a fiscal year for purposes of subsection +(a) should be designed so that the aviation force provided for under +the plan is capable of supporting the national military strategy of the +United States as set forth in the most recent National Defense Strategy +submitted under section 113(g) of this title and the most recent +National Military Strategy submitted under section 153(b) of this +title. + ``(2) Each annual aircraft procurement plan shall include the following: - (1) Identification of any unclassified aerial imagery - requirements that the Air Force or Air National Guard can meet - using the OC-135 aircraft, a version of the aircraft that is - expected to replace the OC-135, or similar aerial imagery - collection and processing capabilities. - (2) An assessment of the extent to which it is more - appropriate for the Air Force or the Air National Guard to - fulfill such requirements. - (3) A comparison of the costs and effectiveness of - alternative means of meeting unclassified aerial imagery - requirements. - (4) An assessment of the utility and cost differential of - performing international treaty monitoring missions such as - Olive Harvest with the OC-135 aircraft, a version of the - aircraft that is expected to replace the OC-135, or similar - aerial imagery collection and processing capabilities. - (d) Certification Required.--Together with the report required -under subsection (c), the Secretary of the Air Force shall certify to -the congressional defense committees-- - (1) whether there are unclassified aerial imagery - requirements that the Air Force can meet with the OC-135 - aircraft or a version of the aircraft that is expected to - replace the OC-135; and - (2) whether the Secretary has identified methods of meeting - such requirements that are more effective and more efficient - than meeting such requirements through the use of the OC-135 - aircraft or a version of the aircraft that is expected to - replace the OC-135. - (e) Unclassified Aerial Imagery Requirements Defined.--In this -section, the term ``unclassified aerial imagery requirements'' means -requirements for the Air Force to provide responsive unclassified -aerial imagery support to military forces, domestic civil authorities, -other departments and agencies of the Federal Government, and foreign -partners of the United States, including any requirements to provide -unclassified aerial imagery in support of overseas contingency -operations, humanitarian assistance and disaster relief missions, -defense support to domestic civil authorities, and international treaty -monitoring missions. - -SEC. 128. MODERNIZATION PLAN FOR AIRBORNE INTELLIGENCE, SURVEILLANCE, - AND RECONNAISSANCE. - - (a) Modernization Plan.-- - (1) In general.--The Secretary of the Air Force shall - develop a comprehensive plan for the modernization of airborne - intelligence, surveillance, and reconnaissance, which shall-- - (A) ensure the alignment between requirements, both - current and future, and Air Force budget submissions to - meet such requirements; and - (B) inform the preparation of future defense - program and budget requests by the Secretary, and the - consideration of such requests by Congress. - (2) Elements.--The plan required by paragraph (1) shall - include the following: - (A) An assessment of all airborne intelligence, - surveillance, and reconnaissance missions, both current - missions and those missions necessary to support the - national defense strategy. - (B) An analysis of platforms, capabilities, and - capacities necessary to fulfill such current and future - missions. - (C) The anticipated life-cycle budget associated - with each platform, capability, and capacity - requirement for both current and future requirements. - (D) An analysis showing operational, budget, and - schedule trade-offs between sustainment of currently - fielded capabilities, modernization of currently - fielded capabilities, and development and production of - new capabilities. - (b) Report to Congress.-- - (1) In general.--Not later than March 30, 2021, the - Secretary of the Air Force shall submit to the congressional - defense committees a report that includes-- - (A) the comprehensive modernization plan required - by subsection (a); and - (B) a strategy for carrying out such plan through - fiscal year 2030. - (2) Form.--The report required under paragraph (1) shall be - submitted in unclassified form but may include a classified - annex. - -SEC. 129. MINIMUM BOMBER AIRCRAFT FORCE LEVEL. - - (a) In General.--Not later than February 1, 2021, the Secretary of -the Air Force shall submit to the congressional defense committees a -report with recommendations for the bomber aircraft force structure -that enables the Air Force to meet the requirements of its long-range -strike mission under the National Defense Strategy. - (b) Elements.--The report required under subsection (a) shall -include each of the following elements: - (1) The bomber force structure necessary to meet the - requirements of the Air Force's long-range strike mission under - the National Defense Strategy, including-- - (A) the total minimum number of bomber aircraft; - and - (B) the minimum number of primary mission aircraft. - (2) The penetrating bomber force structure necessary to - meet the requirements of the Air Force's long-range strike - mission in contested or denied environments under the National - Defense Strategy, to include-- - (A) the total minimum number of penetrating bomber - aircraft; and - (B) the minimum number of primary mission - penetrating bomber aircraft. - (3) A roadmap outlining how the Air Force plans to reach - the force structure identified under paragraphs (1) and (2), - including an established goal date for achieving the minimum - number of bomber aircraft. - (c) Form.--The report submitted under subsection (a) shall be -submitted in unclassified form, but may include a classified annex. - (d) Publication.--The Secretary shall make available to the public -the unclassified form of the report submitted under subsection (a). - (e) Bomber Aircraft.--In this section, the term ``bomber aircraft'' -includes penetrating bombers in addition to B-52H aircraft. - -SEC. 130. PROVISIONS RELATING TO RC-26B MANNED INTELLIGENCE, - SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT. - - (a) Limitation.--Except as provided in subsection (b), none of the -funds authorized to be appropriated by this Act or otherwise made -available for fiscal year 2021 for the Air Force may be obligated or -expended to retire, divest, realign, or placed in storage or on backup -aircraft inventory status, or prepare to retire, divest, realign, or -place in storage or on backup aircraft inventory status, any RC-26B -aircraft. - (b) Exception.--The limitation in subsection (a) shall not apply to -individual RC-26B aircraft that the Secretary of the Air Force -determines, on a case-by-case basis, to be no longer mission capable -because of mishaps other damage. - (c) Funding for RC-26B Manned Intelligence, Surveillance, and -Reconnaissance Platform.-- - (1) Of the amount authorized to be appropriated in section - 301 for operation and maintenance, as specified in the - corresponding funding table in 4301, for operation and - maintenance, Air National Guard, the Secretary of the Air Force - may transfer up to $18,500,000 to be used in support of the RC- - 26B manned intelligence, surveillance, and reconnaissance - platform. - (2) Of the amount authorized to be appropriated in section - 421 for military personnel, as specified in the corresponding - funding table in section 4401, the Secretary of the Air Force - may transfer up to $13,000,000 from military personnel, Air - National Guard to be used in support of personnel who operate - and maintain the RC-26B manned intelligence, surveillance, and - reconnaissance platform. - (d) Memoranda of Agreement.--Notwithstanding any other provision of -law, the Secretary of Defense may enter into one or more memoranda of -agreement or cost sharing agreements with other departments and -agencies of the Federal Government under which the RC-26B aircraft may -be used to assist with the missions and activities of such departments -and agencies. - -SEC. 130A. BRIEFING ON PAYLOAD HOSTING ON MODULAR SUPERSONIC AIRCRAFT. - - (a) Briefing Required.--Not later than 120 days after the date of -the enactment of this Act, the Secretary of the Air Force shall provide -to the Committees on Armed Services of the Senate and the House of -Representatives a briefing on the potential use of a modular civil -supersonic aircraft to host multiple mission payloads. - (b) Elements.--The briefing under subsection (a) shall include an -assessment of the potential of a repurposed civil supersonic aircraft -with a military-engineered front section as a long-range, high-speed -platform for the following uses: - (1) As a multi-payload disaggregated node in the Joint All- - Domain Command & Control architecture. - (2) As a host for a multi-mission directed energy system. - (3) As an embedded or separated electronic warfare escort. - (4) As a quick-response vehicle for missions necessitating - large and diverse payloads that preclude fighter aircraft due - to size, range or altitude. - (c) Limitation.--The briefing under subsection (a) shall not -affect, modify, or address any matter set forth in section 122 of the -Report of the Committee on Armed Services of the House of -Representatives that accompanies this Act. - - Subtitle D--Defense-wide, Joint, and Multiservice Matters - -SEC. 131. DOCUMENTATION RELATING TO THE F-35 AIRCRAFT PROGRAM. - - (a) Limitation.--The Secretary of Defense may not grant Milestone C -approval for the F-35 aircraft program pursuant to section 2366c of -title 10, United States Code, or enter into a contract for the full- -rate production of F-35 aircraft, until a period of 30 days has elapsed -following the date on which the Secretary has submitted to the -congressional defense committees all of the documentation required -under subsection (b). - (b) Documentation Required.--The Secretary of Defense shall submit -to the congressional defense committees the following documentation -with respect to the F-35 aircraft program: - (1) A certification from the Under Secretary of Defense for - Acquisition and Sustainment that all alternative supply - contractors for parts, required for the airframe and propulsion - prime contractors of the F-35 program as a result of the - removal of the Republic of Turkey from the program-- - (A) have been identified and all related - undefinitized contract actions have been definitized - (as described in section 7401 of part 217 of the - Defense Federal Acquisition Regulation Supplement); - (B) the parts produced by each such contractor have - been qualified and certified as meeting applicable - technical design and use specifications; and - (C) each such contractor has reached the required - rate of production to meet supply requirements for - parts under the F-35 aircraft program. - (2) A cost analysis, prepared by the joint program office - for the F-35 aircraft program, that assesses and defines-- - (A) how the full integration of Block 4 and - Technical Refresh 3 capabilities for each lot of Block - 4 production aircraft beginning after lot 14 will - affect the average procurement unit cost of United - States variants of the F-35A, F-35B, and F-35C - aircraft; and - (B) how the establishment of alternate sources of - production and sustainment supply and repair parts due - to the removal of the Republic of Turkey from the F-35 - program will affect such unit cost. - (3) All reports required under section 167 of the National - Defense Authorization Act for Fiscal Year 2020 (Public Law 116- - 92; 133 Stat. 1250). - (4) An independent cost estimate, prepared by Director of - Cost Assessment and Program Evaluation, that defines, for each - phase of the F-35 aircraft program, the cost to develop, - procure, integrate, and retrofit F-35 aircraft with all Block 4 - capability requirements that are specified in the most recent - Block 4 capabilities development document. - (5) A plan to correct or mitigate any deficiency in the - aircraft, identified as of the date of enactment of this Act-- - (A) that may cause death, severe injury or - occupational illness, or major loss or damage to - equipment or a system, and for which there is no - identified workaround (commonly known as a ``category - 1A deficiency''); or - (B) that critically restricts combat readiness - capabilities or results in the inability to attain - adequate performance to accomplish mission requirements - (commonly known as a ``category 1B deficiency''). - (6) A software and hardware capability, upgrade, and - aircraft modification plan that defines the cost and schedule - for retrofitting F-35 aircraft that currently have Technical - Refresh 2 capabilities installed to ensure compatibility with - Block 4 and Technical Refresh 3 aircraft capabilities. - (7) The following reports for the F-35 aircraft program, as - prepared by the Director of Operational Test and Evaluation: - (A) A report on the results of the realistic - survivability testing of the aircraft, as described in - section 2366(d) of title 10, United States Code. - (B) A report on the results of the initial - operational test and evaluation conducted for program, - as described in section 2399(b)(2) of such title. - (8) A mitigation strategy and implementation plan to - address each critical deficiency in the F-35 autonomic - logistics information system that has been identified as of the - date of enactment of this Act. - (9) A certification that the F-35A meets the required - mission reliability performance using an average sortie - duration of 2 and one-half hours. - (10) A certification that the Secretary has developed and - validated a fully integrated and realistic schedule for the - development, production and integration of Block 4 Technical - Refresh 3 capabilities, that includes a strategy for resolving - all software technical debt that has accumulated within the F- - 35 operational flight program source code during development, - production, and integration of Technical Refresh 1 and - Technical Refresh 2 capabilities. - (11)(A) A complete list of hardware modifications that will - be required to integrate Block 4 capabilities into lot 16 and - lot 17 production aircraft. + ``(A) A detailed program for the procurement of the aircraft + specified in subsection (b) for each of the Department of the Army, + the Department of the Navy, and the Department of the Air Force + over the next 15 fiscal years. + ``(B) A description of the aviation force structure necessary + to meet the requirements of the national military strategy of the + United States. + ``(C) The estimated levels of annual investment funding + necessary to carry out each aircraft program, together with a + discussion of the procurement strategies on which such estimated + levels of annual investment funding are based, set forth in + aggregate for the Department of Defense and in aggregate for each + military department. + ``(D) The estimated level of annual funding necessary to + operate, maintain, sustain, and support each aircraft program + throughout the life-cycle of the program, set forth in aggregate + for the Department of Defense and in aggregate for each military + department. + ``(E) For each of the cost estimates required by subparagraphs + (C) and (D)-- + ``(i) a description of whether the cost estimate is derived + from the cost estimate position of the military department + concerned or from the cost estimate position of the Office of + Cost Assessment and Program Evaluation; + ``(ii) if the cost estimate position of the military + department and the cost estimate position of the Office of Cost + Assessment and Program Evaluation differ by more than 5 percent + for any aircraft program, an annotated cost estimate difference + and sufficient rationale to explain the difference; + ``(iii) the confidence or certainty level associated with + the cost estimate for each aircraft program; and + ``(iv) a certification that the calculations from which the + cost estimate is derived are based on common cost categories + used by the Under Secretary of Defense for Acquisition and + Sustainment for calculating the life-cycle cost of an aircraft + program. + ``(F) An assessment by the Secretary of Defense of the extent + to which the combined aircraft forces of the Department of the + Army, the Department of the Navy, and the Department of the Air + Force meet the national security requirements of the United States. + ``(3) For any cost estimate required by subparagraph (C) or (D) of +paragraph (2) for any aircraft program for which the Secretary is +required to include in a report under section 2432 of this title, the +source of the cost information used to prepare the annual aircraft plan +shall be derived from the Selected Acquisition Report data that the +Secretary plans to submit to the congressional defense committees in +accordance with subsection (f) of that section for the year for which +the annual aircraft procurement plan is prepared. + ``(4) Each annual aircraft procurement plan shall be submitted in +unclassified form, and shall contain a classified annex. A summary +version of the unclassified report shall be made available to the +public. + ``(d) Assessment When Aircraft Procurement Budget Is Insufficient +to Meet Applicable Requirements.--If the budget for any fiscal year +provides for funding of the procurement of aircraft for the Department +of the Army, the Department of the Navy, or the Department of the Air +Force at a level that is not sufficient to sustain the aviation force +structure specified in the aircraft procurement plan for such +Department for that fiscal year under subsection (a), the Secretary +shall include with the defense budget materials for that fiscal year an +assessment that describes the funding shortfall and discusses the risks +associated with the reduced force structure of aircraft that will +result from funding aircraft procurement at such level. The assessment +shall be coordinated in advance with the commanders of the combatant +commands. + ``(e) Annual Report on Aircraft Inventory.--(1) As part of the +annual plan and certification required to be submitted under this +section, the Secretary shall include a report on the aircraft in the +inventory of the Department of Defense. + ``(2) Each report under paragraph (1) shall include the following, +for the year covered by such report, the following: + ``(A) The total number of aircraft in the inventory. + ``(B) The total number of the aircraft in the inventory that + are active, stated in the following categories (with appropriate + subcategories for mission aircraft, training aircraft, dedicated + test aircraft, and other aircraft): + ``(i) Primary aircraft. + ``(ii) Backup aircraft. + ``(iii) Attrition and reconstitution reserve aircraft. + ``(C) The total number of the aircraft in the inventory that + are inactive, stated in the following categories: + ``(i) Bailment aircraft. + ``(ii) Drone aircraft. + ``(iii) Aircraft for sale or other transfer to foreign + governments. + ``(iv) Leased or loaned aircraft. + ``(v) Aircraft for maintenance training. + ``(vi) Aircraft for reclamation. + ``(vii) Aircraft in storage. + ``(D) The aircraft inventory requirements approved by the Joint + Chiefs of Staff. + ``(3) Each report under paragraph (1) shall set forth each item +specified in paragraph (2) separately for the regular component of each +armed force and for each reserve component of each armed force and, for +each such component, shall set forth each type, model, and series of +aircraft provided for in the future-years defense program that covers +the fiscal year for which the budget accompanying the plan, +certification and report is submitted. + ``(f) Budget Defined.--In this section, the term `budget' means the +budget of the President for a fiscal year as submitted to Congress +pursuant to section 1105 of title 31.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 9 of such title is amended by inserting after the item relating +to section 231 the following new item: + +``231a. Budgeting for life-cycle costs of aircraft for the Army, Navy, + and Air Force: annual plan and certification.''. + SEC. 152. TRANSFER OF RESPONSIBILITIES AND FUNCTIONS RELATING TO + ELECTROMAGNETIC SPECTRUM OPERATIONS. + (a) Transfer.--Not later than two years after the date of the +enactment of this Act and in accordance with the plan developed +pursuant to subsection (b), the Secretary of Defense shall transfer to +an appropriate entity within the Department of Defense all the +responsibilities and functions of the Commander of the United States +Strategic Command that are germane to electromagnetic spectrum +operations (EMSO), including-- + (1) advocacy for joint electronic warfare capabilities; + (2) providing contingency electronic warfare support to other + combatant commands; and + (3) supporting combatant command joint training and planning + related to electromagnetic spectrum operations. + (b) Plan for Transfer of Responsibilities.-- + (1) In general.--Not later than 180 days before the date of the + transfer of responsibilities required by subsection (a), the + Secretary shall develop a plan to carry out the transfer. + (2) Considerations.--In developing the plan required by + paragraph (1), the Secretary shall consider the following: + (A) All appropriate entities having potential for + designation as the receiving electromagnetic spectrum + operations organization, including elements of the Joint Staff, + the functional and geographic combatant commands, Department of + Defense offices and agencies, and other organizations, + including the establishment of a new entity for that purpose + within any such entity. + (B) Whether the receiving electromagnetic spectrum + operations organization should have a unitary structure or + hybrid structure (in which operational and capability + development and direction are headed by separate + organizations). + (C) The resources required by the receiving electromagnetic + spectrum operations organization to fulfill the + responsibilities and functions specified in subsection (a). + (D) The results of the evaluations carried out pursuant to + subsections (c) and (d). + (3) Submittal to congress.--Not later than 180 days before the + date of the transfer of responsibilities required by subsection + (a), the Secretary shall submit to Congress the following: + (A) The plan developed under paragraph (1). + (B) The construct and elements of the receiving + electromagnetic spectrum operations organization under the + plan, including the allocation of responsibilities among senior + officials in such organization. + (C) The analysis conducted to determine the electromagnetic + spectrum operations organization, including the input in the + plan or analysis of the results of consultation with any + independent entities involved in development of the plan. + (D) The resources required to implement the plan, and a + timeline for the receiving electromagnetic spectrum operations + organization to reach initial operational capability and full + operational capability. + (c) Evaluations of Armed Forces.-- + (1) In general.--Not later than October 1, 2021, and annually + thereafter through 2025, 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, and the Chief of Space Operations + shall each carry out an evaluation of the ability of the Armed + Force concerned to perform electromagnetic spectrum operations + missions required by each of the following: + (A) The Electromagnetic Spectrum Superiority Strategy. + (B) The Joint Staff-developed concept of operations for + electromagnetic spectrum operations. + (C) The operations and contingency plans of the combatant + commands. + (2) Elements.--Each evaluation under paragraph (1) shall + include assessment of the following: + (A) Current programs of record, including-- + (i) the ability of weapon systems to perform missions + in contested electromagnetic spectrum environments; and + (ii) the ability of electronic warfare capabilities to + disrupt adversary operations. + (B) Future programs of record, including-- + (i) the need for distributed or network-centric + electronic warfare and signals intelligence capabilities; + and + (ii) the need for automated and machine learning- or + artificial intelligence-assisted electronic warfare + capabilities. + (C) Order of battle. + (D) Individual and unit training. + (E) Tactics, techniques, and procedures, including-- + (i) maneuver, distribution of assets, and the use of + decoys; and + (ii) integration of nonkinetic and kinetic fires. + (d) Evaluations of Combatant Commands.-- + (1) In general.--Not later than October 1, 2021, and annually + thereafter through 2025, the Commander of the United States + European Command, the Commander of the United States Pacific + Command, and the Commander of the United States Central Command + shall each carry out an evaluation of the plans and posture of the + command concerned to execute the electromagnetic spectrum + operations envisioned in each of the following: + (A) The Electromagnetic Spectrum Superiority Strategy. + (B) The Joint Staff-developed concept of operations for + electromagnetic spectrum operations. + (2) Elements.--Each evaluation under paragraph (1) shall + include assessment of the following: + (A) Operation and contingency plans. + (B) The manning, organizational alignment, and capability + of joint electromagnetic spectrum operations cells. + (C) Mission rehearsal and exercises. + (D) Force positioning, posture, and readiness. + (e) Semiannual Briefing.--Not less frequently than twice each year +until January 1, 2026, the Vice Chairman of the Joint Chiefs of Staff +shall brief the Committees on Armed Services of the Senate and the +House of Representatives on the implementation of this section by each +of the Joint Staff, the Armed Forces, and the combatant commands. + SEC. 153. CRYPTOGRAPHIC MODERNIZATION SCHEDULES. + (a) Cryptographic Modernization Schedules Required.--Each of the +Secretaries of the military departments and the heads of relevant +Defense Agencies and Department of Defense Field Activities shall +establish and maintain a cryptographic modernization schedule that +specifies, for each pertinent weapon system, command and control +system, or data link under the jurisdiction of such Secretary or head, +including those that use commercial encryption technologies (as +relevant), the following: + (1) The last year of use for applicable cryptographic + algorithms. + (2) Anticipated key extension requests for systems where + cryptographic modernization is assessed to be overly burdensome and + expensive or to provide limited operational utility. + (3) The funding and deployment schedule for modernized + cryptographic algorithms, keys, and equipment over the future-years + defense program submitted to Congress pursuant to section 221 of + title 10, United States Code, in 2021 together with the budget of + the President for fiscal year 2022. + (b) Requirements for Chief Information Officer.--The Chief +Information Officer of the Department of Defense shall-- + (1) oversee the construction and implementation of the + cryptographic modernization schedules required by subsection (a); + (2) establish and maintain an integrated cryptographic + modernization schedule for the entire Department of Defense, + collating the cryptographic modernization schedules required under + subsection (a); and + (3) in coordination with the Director of the National Security + Agency and the Joint Staff Director for Command, Control, + Communications, and Computers/Cyber, use the budget certification, + standard-setting, and policy-making authorities provided in section + 142 of title 10, United States Code, to amend Armed Force and + Defense Agency and Field Activity plans for key extension requests + and cryptographic modernization funding and deployment that pose + unacceptable risk to military operations. + (c) Annual Notices.--Not later than January 1, 2022, and not less +frequently than once each year thereafter until January 1, 2026, the +Chief Information Officer and the Joint Staff Director shall jointly +submit to the congressional defense committees notification of all-- + (1) delays to or planned delays of Armed Force and Defense + Agency and Field Activity funding and deployment of modernized + cryptographic algorithms, keys, and equipment over the previous + year; and + (2) changes in plans or schedules surrounding key extension + requests and waivers, including-- + (A) unscheduled or unanticipated key extension requests; + and + (B) unscheduled or unanticipated waivers and nonwaivers of + scheduled or anticipated key extension requests. + SEC. 154. DEPARTMENT OF DEFENSE PARTICIPATION IN THE SPECIAL + FEDERAL AVIATION REGULATION WORKING GROUP. + (a) Designation of DoD Representatives.--The Secretary of Defense +shall designate the Department of Defense representatives to the +Special Federal Aviation Regulation Working Group. + (b) Limitation on Availability of Funds for OSD.--Of the aggregate +amount authorized to be appropriated by this Act for fiscal year 2021 +and available for the Office of the Secretary of Defense, not more than +75 percent may be obligated or expended until the later of the +following: + (1) The date on which Secretary certifies, in writing, to the + appropriate committees of Congress that the Department + representatives to the Special Federal Aviation Regulation Working + Group have been designated as required by subsection (a). + (2) The date on which the Special Federal Aviation Regulation + Working Group submits to the appropriate committees of Congress + initial recommendations developed pursuant to subsection (b)(4) of + section 1748 of the National Defense Authorization Act for Fiscal + Year 2020 (Public Law 116-92; 133 Stat. 1847). + (c) Report on Findings and Recommendations.-- + (1) In general.--Not later than June 30, 2021, the Special + Federal Aviation Regulation Working Group shall submit to the + appropriate committees of Congress a report setting forth the + findings and recommendations of the Working Group as developed + pursuant to subsection (b) of section 1748 of the National Defense + Authorization Act for Fiscal Year 2020. + (2) Conforming amendments.--Section 1748 of the National + Defense Authorization Act for Fiscal Year 2020 is amended-- + (A) by striking subsection (d); and + (B) in subsection (e), by striking ``subsection (d)'' and + inserting ``section 154(c)(1) of the William M. (Mac) + Thornberry National Defense Authorization Act for Fiscal Year + 2021''. + (d) Certification in Connection With Contracts With Foreign +Companies for Aviation Services Overseas.-- + (1) In general.--Subject to paragraph (2), the Department of + Defense may not enter into a contract with a foreign company as + contracted aviation support to provide aviation services in an + overseas area unless the Secretary certifies, in writing, to the + appropriate committees of Congress each of the following: + (A) That the use of foreign companies to provide such + services in overseas areas is required for the national + security of the United States. + (B) That the Department has exhausted all available + authorities to use United States companies to provide such + services in overseas areas. + (2) Sunset.--The requirement in paragraph (1) shall expire on + the later of-- + (A) the date on which the Special Federal Aviation + Regulation Working Group submits to the appropriate committees + of Congress the report required by subsection (c)(1); and + (B) the date on which the Secretary fully implements the + recommendations contained in that report. + (e) Definitions.--In this section: + (1) The term ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services and the Committee on + Commerce, Science, and Transportation of the Senate; and + (B) the Committee on Armed Services and the Committee on + Transportation and Infrastructure of the House of + Representatives. + (2) The term ``Special Federal Aviation Regulation Working + Group'' means the working group established pursuant to section + 1748 of the National Defense Authorization Act for Fiscal Year + 2020. + SEC. 155. INTEGRATED AIR AND MISSILE DEFENSE ASSESSMENT. + (a) Certification on Directive of IAMD Responsibilities and +Authorities.--Not later than 90 days after the date of the enactment of +this Act, the Secretary of Defense shall, in coordination with the +Chairman of the Joint Chiefs of Staff and the Secretaries of the +military departments, certify that Department of Defense Directive +5100.01 is current and accurate with respect to integrated air and +missile defense (IAMD) responsibilities and authorities in support of +joint and combined land, sea, air, space and special forces operations, +and in obtaining and maintaining air superiority or supremacy as +required. + (b) IAMD Assessment by Chairman of the Joint Chiefs of Staff.-- + (1) In general.--The Chairman of the Joint Chiefs of Staff + shall, in coordination with the Secretaries of the military + departments and the Director of the Missile Defense Agency, conduct + a comprehensive classified assessment of threats to, and + capabilities and capacities of, current and planned integrated air + and missile defense technologies and force structure to meet the + requirements of the combatant commands in support of the National + Defense Strategy. + (2) Elements.--The assessment required by paragraph (1) shall + include the following: + (A) Characterization and analysis of current and emerging + threats, including the following: + (i) Cruise, hypersonic, and ballistic missiles. + (ii) Unmanned aerial systems. + (iii) Rockets and other indirect fire. + (iv) Specific and meaningfully varied examples within + each of clauses (i) through (iii). + (B) Analysis of current and planned integrated air and + missile defense capabilities to counter the threats + characterized and analyzed under subparagraph (A), including + the following: + (i) Projected timelines for development, procurement, + and fielding of needed capabilities to defend against + current and anticipated threats, based on intelligence + assessments of such threats. + (ii) Projected capability and capacity gaps in + addressing the threats characterized and assessed under + subparagraph (A), including a delineation of unfulfilled + integrated air and missile defense requirements by + combatant command. + (iii) Risk assessment of projected capability and + capacity gaps addressing integrated air and missile defense + requirements of the combatant commands and the National + Defense Strategy. + (iv) Opportunities for acceleration or need for + incorporation of interim capabilities to address current + and projected gaps. + (v) Opportunities to leverage allied contributions for + integrated air and missile defense capabilities and + capacities to meet requirements of the combatant commands. + (C) Assessment of the integrated air and missile defense + command, control, and intelligence systems and architecture, + including the following: + (i) A description of the integrated air and missile + defense architecture, and the component counter unmanned + aerial system (C-UAS) sub-architecture of such + architecture. + (ii) Identification of the critical command and control + (C2) systems. + (iii) Integration or interoperability of the command + and control systems. + (iv) Integration, interoperability, or compatibility of + the command and control systems with planned Joint All + Domain Command and Control (JADC2) architecture. + (3) Characterization.-- + (A) In general.--In carrying out the assessment required by + paragraph (1), the Chairman shall clearly, on a technical and + operational basis, distinguish between distinctly different + threats in the same general class. + (B) Example.--The Chairman shall, for example, ensure that + the assessment is not limited to a broad characterization, such + as ``cruise missiles'', since such characterization does not + sufficiently distinguish between current cruise missiles and + emerging hypersonic cruise missiles, which may require + different capabilities to counter them. + (4) Interim briefing and report.-- + (A) Interim briefing.--Not later than 60 days after the + date of the enactment of this Act, the Chairman shall brief the + Committees on Armed Services of the Senate and the House of + Representatives on the assessment under paragraph (1). + (B) Report.--Not later than 180 days after the date of the + enactment of this Act, the Chairman shall submit to the + Committees on Armed Services of the Senate and the House of + Representatives a report on the findings of the assessment + conducted under paragraph (1). + (c) Secretary of the Military Department Briefings on Response to +IAMD Assessment.-- + (1) In general.--Not later than 90 days after the submittal of + the report required by subsection (b)(4)(B), the Secretary of the + Army, the Secretary of the Navy, and the Secretary of the Air Force + shall each brief the Committees on Armed Services of the Senate and + the House of Representatives on the manner in which the military + department under the jurisdiction of such Secretary intends to + fulfill the global integrated air and missile defense requirements + of the combatant commands in accordance with Department of Defense + Directive 5100.01. + (2) Elements.--Each briefing under paragraph (1) shall include, + for the military department covered by such briefing, the + following: + (A) Analysis of current and planned integrated air and + missile defense capabilities to counter the threats + characterized and analyzed under subsection (b)(2)(A), + including the following: + (i) Projected timelines and costs for development, + procurement, and fielding of planned integrated air and + missile defense capabilities. + (ii) Projected capability gaps and an assessment of + associated risk. + (iii) Opportunities for acceleration or need for + incorporation of interim capabilities to address current + and projected gaps. + (B) Analysis of current and planned capacity to meet major + contingency plan requirements and ongoing global operations of + the combatant commands, including the following: + (i) Current and planned numbers of integrated air and + missile defense systems and formations, including + associated munitions. + (ii) Capacity gaps, and an assessment of associated + risk, in addressing combatant command requirements. + (iii) Operations tempo stress on integrated air and + missile defense formations and personnel. + (iv) Plans to sustain or to increase integrated air and + missile defense personnel and formations. + (C) Assessment of proponency and the distribution of + responsibility and authority for policy and program planning, + budgeting, and execution within the military department for + integrated air and missile defense and counter-unmanned aerial + systems, including the following: + (i) A description of the current proponency structure. + (ii) An assessment of the adequacy of the current + proponency structure to facilitate integrated air and + missile defense and counter unmanned aerial systems + functions for the Department of Defense. + (D) Assessment of the feasibility and advisability of + establishing one or more centers of excellence for integrated + air and missile defense, counter unmanned aerial systems, or + both for purposes of planing, organizing, and managing the + military department and joint force efforts to achieve a + functional capability and capacity to meet the requirements of + the combatant commands. + SEC. 156. JOINT STRATEGY FOR AIR BASE DEFENSE AGAINST MISSILE + THREATS. + (a) Strategy Required.--The Chief of Staff of the Air Force and the +Chief of Staff of the Army shall jointly develop and carry out a +strategy to address the defense of air bases and prepositioned sites +outside the continental United States against current and emerging +missile threats, as validated by the Defense Intelligence Agency. + (b) Certification and Strategy.--Not later than June 1, 2021, the +Chief of Staff of the Air Force and the Chief of Staff of the Army +shall jointly submit to the congressional defense committees the +following: + (1) A certification that the defense of air bases and + prepositioned sites outside the continental United States against + threats described in subsection (a) is being addressed jointly. + (2) The strategy developed pursuant to subsection (a). + SEC. 157. JOINT ALL DOMAIN COMMAND AND CONTROL REQUIREMENTS. + (a) Validation of Requirements by Joint Requirements Oversight +Council.--Not later than April 1, 2021, the Joint Requirements +Oversight Council (JROC) shall validate requirements for Joint All +Domain Command and Control (JADC2). + (b) Air Force Certification.--Immediately after the validation of +requirements pursuant to subsection (a), the Chief of Staff of the Air +Force shall submit to the congressional defense committees a +certification that the current Joint All Domain Command and Control +effort, including programmatic and architecture efforts, being led by +the Air Force will meet the requirements validated by the Joint +Requirements Oversight Council. + (c) Certification by Other Armed Forces.-- Not later than July 1, +2021, the chief of staff of each Armed Force other than the Air Force +shall submit to the congressional defense committees a certification +whether the efforts of such Armed Force on multi-domain command and +control are compatible with Joint All Domain Command and Control +architecture. + (d) Budgeting.--The Secretary of Defense shall incorporate the +expected costs for full development and implementation of Joint All +Domain Command and Control across the Department of Defense in fiscal +year 2022 in the budget of the President for fiscal year 2022 as +submitted to Congress under section 1105 of title 31, United States +Code. + SEC. 158. EXPANSION OF ECONOMIC ORDER QUANTITY CONTRACTING + AUTHORITY FOR F-35 AIRCRAFT PROGRAM. + Section 161(a)(2) of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1246) is amended by +striking ``$574,000,000'' and inserting ``$1,035,793,000''. + SEC. 159. DOCUMENTATION RELATING TO THE F-35 AIRCRAFT PROGRAM. + The Secretary of Defense shall submit to the congressional defense +committees, not later than 15 days following Milestone C approval for +the F-35 aircraft program pursuant to section 2366c of title 10, United +States Code, or entering into a contract for the full-rate production +of F-35 aircraft, the documentation with respect to the F-35 aircraft +program as follows: + (1) A certification by the Under Secretary of Defense for + Acquisition and Sustainment that-- + (A) all alternative supply contractors for parts, required + for the airframe and propulsion prime contractors of the F-35 + aircraft program as a result of the removal of the Republic of + Turkey from the program, have been identified, and all related + undefinitized contract actions have been definitized (as + described in section 7401 of part 217 of the Defense Federal + Acquisition Regulation Supplement); + (B) the parts produced by each such contractor have been + qualified and certified as meeting applicable technical design + and use specifications; and + (C) each such contractor has reached the required rate of + production to meet supply requirements for parts under the + program. + (2) A cost analysis, prepared by the joint program office for + the F-35 aircraft program, that assesses and defines-- + (A) the manner in which the full integration of Block 4 and + Technical Refresh 3 capabilities for each lot of Block 4 + production aircraft beginning after lot 14 will affect the + average procurement unit cost of United States variants of the + F-35A, F-35B, and F-35C aircraft; and + (B) the manner in which the establishment of alternate + sources of production and sustainment of supply and repair + parts due to the removal of the Republic of Turkey from the + program will affect such unit cost. + (3) All reports required by section 167 of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1250). + (4) An independent cost estimate, prepared by Director of Cost + Assessment and Program Evaluation, that defines, for each phase of + the F-35 aircraft program, the cost to develop, procure, integrate, + and retrofit F-35 aircraft with all Block 4 capability requirements + that are specified in the most recent Block 4 capabilities + development document. + (5) A plan to correct or mitigate any deficiency in the F-35 + aircraft, identified as of the date of enactment of this Act that-- + (A) may cause death, severe injury or occupational illness, + or major loss or damage to equipment or a system, and for which + there is no identified workaround (commonly known as a + ``category 1A deficiency''); or + (B) critically restricts combat readiness capabilities or + results in the inability to attain adequate performance to + accomplish mission requirements (commonly known as a ``category + 1B deficiency''). + (6) A software and hardware capability, upgrade, and aircraft + modification plan for the F-35 aircraft that defines the cost and + schedule for retrofitting F-35 aircraft that currently have + Technical Refresh 2 capabilities installed to ensure compatibility + with Block 4 and Technical Refresh 3 capabilities. + (7) The following reports for the F-35 aircraft program, as + prepared by the Director of Operational Test and Evaluation: + (A) A report on the results of the realistic survivability + testing of the F-35 aircraft, as described in section 2366(d) + of title 10, United States Code. + (B) A report on the results of the initial operational test + and evaluation conducted for program, as described in section + 2399(b)(2) of such title. + (8) A mitigation strategy and implementation plan to address + each critical deficiency in the F-35 aircraft autonomic logistics + information system that has been identified as of the date of + enactment of this Act. + (9) A certification that the F-35A aircraft meets required + mission reliability performance using an average sortie duration of + 2 hours and 30 minutes. + (10) A certification that the Secretary has developed and + validated a fully integrated and realistic schedule for the + development, production and integration of Block 4 Technical + Refresh 3 capabilities for the F-35 aircraft, that includes a + strategy for resolving all software technical debt that has + accumulated within the F-35 operational flight program source code + during development, production, and integration of Technical + Refresh 1 and Technical Refresh 2 capabilities. + (11) The following: + (A) A complete list of hardware modifications that will be + required to integrate Block 4 capabilities into lot 16 and lot + 17 production F-35 aircraft. (B) An estimate of the costs of any engineering changes required as a result of such modifications. (C) A comparison of those engineering changes and costs - with the engineering changes and costs for lot 15 production - aircraft. - -SEC. 132. NOTIFICATION ON SOFTWARE REGRESSION TESTING FOR F-35 - AIRCRAFT. - - (a) Notification Required.--The Under Secretary of Defense for -Acquisition and Sustainment, in consultation with the Director of -Operational Test and Evaluation, shall notify the congressional defense -committees, in writing, not later than 30 days after the date on which -mission systems production software for the F-35 aircraft is released -to units operating such aircraft under the F-35 continuous capability -development and delivery program. - (b) Elements.--The notification required under subsection (a) shall -include, with respect to the mission systems production software for -the F-35 aircraft, the following: - (1) An explanation of the types and methods of regression - testing that were completed for the production release of the - software to ensure compatibility and proper functionality - with-- - (A) the fire control radar system of each variant - of the F-35 aircraft; and - (B) all weapons certified for carriage and - employment on each variant of the F-35 aircraft. - (2) Identification of any entities that conducted - regression testing of the software, including any development - facilities of the Federal Government or contractors that - conducted such testing. - (3) A list of deficiencies identified during regression - testing of the software or by operational units after fielding - of the software, and an explanation of-- - (A) any software modifications, including quick- - reaction capability, that were completed to resolve or - mitigate the deficiencies; - (B) with respect to any deficiencies that were not - resolved or mitigated, whether the deficiencies will be - corrected in later releases of the software; and - (C) any effects resulting from such deficiencies, - including-- - (i) any effects on the cost and schedule - for delivery of the software; and - (ii) in cases in which the deficiencies - resulted in additional, unplanned, software - releases, any effects on the ongoing testing of - software capability releases. - -SEC. 133. NOTIFICATION ON EFFORTS TO REPLACE INOPERABLE EJECTION SEAT - AIRCRAFT LOCATOR BEACONS. - + with the engineering changes and costs for lot 15 production F- + 35 aircraft. + SEC. 160. F-35 AIRCRAFT MUNITIONS. + Subject to the availability of appropriations, the Secretary of the +Air Force and the Secretary of the Navy shall, in coordination with the +Director of the F-35 Joint Program Office, certify for use by the Armed +Forces under the jurisdiction of such Secretary munitions for F-35 +aircraft that are qualified on F-35 partner aircraft of North Atlantic +Treaty Organization (NATO) member nations as of the date of the +enactment of this Act. + SEC. 161. REDESIGN STRATEGY FOR THE AUTONOMIC LOGISTICS INFORMATION + SYSTEM FOR THE F-35 FIGHTER AIRCRAFT. + (a) In General.--Not later than March 1, 2021, the Under Secretary +of Defense for Acquisition and Sustainment shall, in consultation with +the Director of the F-35 Aircraft Joint Program Office, submit to the +congressional defense committees the following: + (1) A report describing a program-wide process for measuring, + collecting, and tracking information on the manner in which the F- + 35 Autonomic Logistics Information System (ALIS) is affecting the + performance of the F-35 aircraft fleet, including its effects on + aircraft availability and mission capability and effectiveness + rates. + (2) A strategy and implementation plan for the F-35 Operational + Data Integrated Network (ODIN) system that is being developed to + replace the F-35 Autonomic Logistics Information System, including + an identification and assessment of goals, key risks or + uncertainties, system performance metrics, and costs of designing, + procuring, and fielding the F-35 Operational Data Integrated + Network system. + (b) Updates.--In each quarterly briefing required by section 155 of +the John S. McCain National Defense Authorization Act for Fiscal Year +2019 (Public 115-232; 132 Stat. 1672) for a calendar quarter beginning +on or after January 1, 2022, the Under Secretary and the Director shall +include an update containing current information on the following: + (1) The manner in which the F-35 Autonomic Logistics + Information System is affecting fleet performance of the F-35 + aircraft fleet. + (2) The progress being made to develop, procure, and field the + F-35 Operational Data Integrated Network system. + SEC. 162. BRIEFINGS ON SOFTWARE REGRESSION TESTING FOR F-35 + AIRCRAFT. + During the quarterly briefing required by section 155 of the John +S. McCain National Defense Authorization Act for Fiscal Year 2019 +(Public Law 115-232; 132 Stat. 1672) covering a quarter in which +mission systems production software for the F-35 aircraft was released +to units operating such aircraft under the F-35 aircraft continuous +capability development and delivery program, the Under Secretary of +Defense for Acquisition and Sustainment shall, in consultation with the +Director of Operational Test and Evaluation, brief the congressional +defense committees with the following with respect to the missions +systems production software for the F-35 aircraft: + (1) An explanation of the types and methods of regression + testing that were completed for the production release of the + software concerned to ensure compatibility and proper functionality + with-- + (A) the fire control radar system of each variant of the F- + 35 aircraft; and + (B) all weapons certified for carriage and employment on + each variant of the F-35 aircraft. + (2) An identification of any entities that conducted regression + testing of such software, including any development facilities of + the Federal Government or contractors that conducted such testing. + (3) A list of deficiencies identified during regression testing + of such software, or by operational units, after fielding of such + software, and an explanation of-- + (A) any software modifications, including quick-reaction + capability, that were completed to resolve or mitigate such + deficiencies; + (B) with respect to any deficiencies that were not resolved + or mitigated, whether the deficiencies will be corrected in + later releases of the software; and + (C) any effects resulting from such deficiencies, + including-- + (i) any effects on the cost and schedule for delivery + of the software; and + (ii) in cases in which the deficiencies resulted in + additional, unplanned, software releases, any effects on + the ongoing testing of software capability releases. + SEC. 163. PROHIBITION ON USE OF FUNDS FOR THE ARMED OVERWATCH + PROGRAM. + None of the funds authorized to be appropriated by this Act or +otherwise made available for the Department of Defense may be used to, +and the Department may not-- + (1) procure armed overwatch aircraft for the United States + Special Operations Command in fiscal year 2021; or + (2) procure armed overwatch aircraft for the Air Force in + fiscal years 2021 through 2023. + SEC. 164. ACCELERATION OF DEVELOPMENT AND FIELDING OF COUNTER + UNMANNED AIRCRAFT SYSTEMS ACROSS THE JOINT FORCE. + (a) Immediate Objective for Executive Agent for C-sUAS.--The +Executive Agent of the Joint Counter Small Unmanned Aircraft Systems +(C-sUAS) Office, as designated by the Under Secretary of Defense for +Acquisition and Sustainment, shall prioritize the objective of +developing and executing a plan to develop, test, and begin production +of a counter unmanned aircraft system that can be fielded as early as +fiscal year 2021 to meet immediate operational needs in countering +Group 1, 2, and 3 unmanned aircraft systems and, to the extent +practical, has the potential to counter other, larger unmanned aircraft +systems. + (b) Development and Fielding of C-sUAS Systems in Fiscal Year +2021.--In carrying out subsection (a), the Executive Agent shall +consider the selection of counter unmanned aircraft systems with +specific emphasis on systems that-- + (1) have undergone successful realistic operational tests or + assessments, or have been or are currently deployed; + (2) will meet the operational requirements of deployed forces + facing current and anticipated unmanned aircraft system (UAS) + threats, including effectiveness against unmanned aircraft systems + that are not remotely piloted or are not reliant on a command link; + (3) use autonomous and semi-autonomous systems and processes; + (4) are affordable, with low operating and sustainment costs; + (5) build, to the extent practicable, upon systems that were + selected for fielding in fiscal year 2021; + (6) reduce or accelerate the timeline for initial operational + capability and full operational capability of the counter unmanned + aircraft system prioritized by subsection (a); + (7) enable the flexible and continuous integration of different + types of sensors and mitigation solutions based on the different + demands of particular military installations and deployed forces, + physical geographies, and threat profiles; and + (8) are or include systems or component parts that are + commercial items, as required by section 3307 of title 41, United + States Code, including a common command and control system. + (c) Briefing.--Not later than 90 days after the date of the +enactment of this Act, the Executive Agent shall brief the +congressional defense committees on the following: + (1) The selection process for counter unmanned aircraft system + capabilities prioritized by this section. + (2) The plan prioritized by subsection (a). + (d) Oversight.--The Executive Agent shall-- + (1) oversee the execution of all counter unmanned aircraft + systems being developed by the military departments as of the day + before the date of the enactment of this Act; and + (2) ensure that the plan prioritized by subsection (a) guides + future programmatic and funding decisions for activities relating + to counter unmanned aircraft systems, including any cancellation of + such activities. + SEC. 165. AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE + ACQUISITION ROADMAP FOR THE UNITED STATES SPECIAL OPERATIONS + COMMAND. + (a) In General.--Not later than December 1, 2021, the Assistant +Secretary of Defense for Special Operations and Low-Intensity Conflict +and the Commander of the United States Special Operations Command shall +jointly submit to the congressional defense committees an acquisition +roadmap to meet the manned and unmanned airborne intelligence, +surveillance, and reconnaissance requirements of United States Special +Operations Forces. + (b) Elements.--The roadmap required under subsection (a) shall +include the following: + (1) A description of the current platform requirements for + manned and unmanned airborne intelligence, surveillance, and + reconnaissance capabilities to support United States Special + Operations Forces. + (2) An analysis of the remaining service life of existing + manned and unmanned airborne intelligence, surveillance, and + reconnaissance capabilities currently operated by United States + Special Operations Forces. + (3) An identification of any current or anticipated gaps for + special operations-peculiar manned and unmanned airborne + intelligence, surveillance, and reconnaissance capabilities. + (4) A description of anticipated manned and unmanned + intelligence, surveillance, and reconnaissance platform + requirements of the United States Special Operations Forces, + including range, payload, endurance, ability to operate in + contested environments, and other requirements, as appropriate. + (5) A description of the manner in which the anticipated + requirements described in paragraph (4) are in alignment with the + National Defense Strategy and meet the challenge of strategic + competition and nation state intelligence collection requirements. + (6) An explanation of the anticipated mix of manned and + unmanned aircraft, number of platforms, and associated aircrew and + maintainers for support of United States Special Operations Forces. + (7) An explanation of the extent to which service-provided + manned and unmanned airborne intelligence, surveillance, and + reconnaissance capabilities will be required in support of United + States Special Operations Forces, and the manner in which such + capabilities will supplement and integrate with the organic + capabilities possessed by United States Special Operations Forces. + (8) Any other matters the Assistant Secretary and the Commander + jointly consider appropriate. + SEC. 166. PROHIBITION ON DIVESTITURE OF MANNED INTELLIGENCE, + SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT OPERATED BY UNITED + STATES SPECIAL OPERATIONS COMMAND. + (a) Prohibition.--No funds authorized to be appropriated by this +Act may be used to divest any manned intelligence, surveillance, and +reconnaissance aircraft operated by the United States Special +Operations Command, and the Department of Defense may not divest any +manned intelligence, surveillance, and reconnaissance aircraft operated +by the United States Special Operations Command in fiscal year 2021. + (b) Exception.--The prohibition in subsection (a) does not apply to +any divestment of aircraft described in that subsection that is ongoing +as of the date of the enactment of this Act. + SEC. 167. NOTIFICATION ON EFFORTS TO REPLACE INOPERABLE EJECTION + SEAT AIRCRAFT LOCATOR BEACONS. (a) Notification.--Not later than 180 days after the date of the -enactment of this Act and on a semi-annual basis thereafter until the +enactment of this Act, and on a semi-annual basis thereafter until the date specified in subsection (b), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a written notification that describes, with respect to the period covered by the notification-- - (1) the efforts of the service acquisition executives of - the Department of the Air Force and the Department of the Navy - to replace ejection seat aircraft locator beacons that are-- - (A) installed on covered aircraft; and - (B) inoperable in water or in wet conditions; and - (2) the funding allocated for such efforts. + (1) the efforts of the service acquisition executives of the + Department of the Air Force and the Department of the Navy to + replace ejection seat aircraft locator beacons that are-- + (A) installed on covered aircraft; and + (B) inoperable in water or in wet conditions; and + (2) the funding allocated for such efforts. (b) Date Specified.--The date specified in this subsection is the earlier of-- - (1) the date on which the Under Secretary of Defense for - Acquisition and Sustainment determines that all ejection seat - aircraft locator beacons installed on covered aircraft are - operable in water and wet conditions; or - (2) the date that is 5 years after the date of the - enactment of this Act. + (1) the date on which the Under Secretary of Defense for + Acquisition and Sustainment determines that all ejection seat + aircraft locator beacons installed on covered aircraft are operable + in water and wet conditions; or + (2) the date that is 5 years after the date of the enactment of + this Act. (c) Definitions.--In this section: - (1) The term ``covered aircraft'' means aircraft of the Air - Force, the Navy, and the Marine Corps that are equipped with - ejection seats. - (2) The term ``service acquisition executive of the - Department of the Air Force'' does not include the Service - Acquisition Executive of the Department of the Air Force for - Space Systems and Programs described in section 957 of the - National Defense Authorization Act for Fiscal Year 2020 (Public - Law 116-92; 10 U.S.C. 9016 note). + (1) The term ``covered aircraft'' means aircraft of the Air + Force, the Navy, and the Marine Corps that are equipped with + ejection seats. + (2) The term ``service acquisition executive of the Department + of the Air Force'' does not include the Service Acquisition + Executive of the Department of the Air Force for Space Systems and + Programs described in section 957 of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 + U.S.C. 9016 note). -SEC. 134. LIMITATION ON USE OF FUNDS FOR THE ARMED OVERWATCH PROGRAM. + TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION - None of the funds authorized to be appropriated by this Act or -otherwise made available for fiscal year 2021 for procurement for the -Armed Overwatch Program of the United States Special Operations Command -may be obligated or expended until the date on which-- - (1) the Secretary of Defense certifies to the congressional - defense committees that-- - (A) the Secretary has completed a requirements - review of the Armed Overwatch Program; and - (B) the Secretary has conducted a review of the - roles and responsibilities of the United States Air - Force and the United States Special Operations Command - with respect to close air support and armed - intelligence, surveillance, and reconnaissance and, as - a result of such review, the Secretary has identified - the Armed Overwatch Program as a special operations - forces-peculiar requirement; and - (2) the Commander of United States Special Operations - Command submits to the congressional defense committees-- - (A) certification that the Commander or Deputy - Commander has approved the documentation of the Special - Operations Command Requirements Evaluation Board; and - (B) a requirements plan for the Armed Overwatch - program that includes-- - (i) an analysis of alternatives; - (ii) a procurement plan over the period - covered by the most recent future-years defense - program submitted under section 221 of title - 10, United States Code; - (iii) a sustainment plan with projected - costs; - (iv) a phase out plan of existing armed - intelligence, surveillance, and reconnaissance - platforms; - (v) a manpower and training analysis, and; - (vi) doctrinal considerations for - employment; and - (C) a roadmap analyzing whether the near-term to - mid-term multi-mission responsibilities of the Armed - Overwatch Program are consistent with the intelligence, - surveillance, and reconnaissance requirements of the - various special operations forces units and missions, - and the geographic combatant commands. - -SEC. 135. INVESTMENT AND SUSTAINMENT PLAN FOR PROCUREMENT OF CANNON - TUBES. - - (a) Strategy Required.--The Secretary of the Army shall develop a -comprehensive, long-term strategy, which shall include a risk -assessment, gap analysis, proposed courses of action, investment -options, and a sustainment plan, for the development, production, -procurement and modernization of cannon and large caliber weapons tubes -that mitigates identified risks and gaps to the Army and the defense -industrial base. - (b) Elements.--The strategy under subsection (a) shall include the -following: - (1) An assessment of the sufficiency of the cannon tube - industrial base to meet near and long-term development and - production requirements, including an analysis of any - capability or capacity gaps that may exist currently or into - the future given current and planned program demands. - (2) An analysis of the resources required and planned for - the cannon tube industrial base across the future years defense - program. - (3) A detailed analysis and explanation of the courses of - action necessary to mitigate any existing or projected future - capability gaps and deficiencies, including the establishment - of a permanent or temporary second source for cannon and large - caliber weapons tubes if advisable, feasible, suitable, and - affordable. - (4) Funding and timelines associated with the - identification, qualification and sustainment of a permanent or - temporary second source for cannon and large caliber weapons - tubes through full and open competition that would be required - to mitigate significant development, production, procurement, - and modernization risk in the cannon tube industrial base. - (5) Such other information as the Secretary of the Army - determines to be appropriate. - (c) Submittal to Congress.--Not later than 90 days after the date -of the enactment of this Act, the Secretary of the Army shall submit to -the congressional defense committees a copy of the strategy developed -under subsection (a). + Subtitle A--Authorization of Appropriations - TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION +Sec. 201. Authorization of appropriations. - Subtitle A--Authorization of Appropriations + Subtitle B--Program Requirements, Restrictions, and Limitations + +Sec. 211. Modification of requirements relating to certain cooperative + research and development agreements. +Sec. 212. Disclosure requirements for recipients of Department of + Defense research and development funds. +Sec. 213. Modification of national security innovation activities and + pilot program on strengthening the defense industrial and + innovation base. +Sec. 214. Updates to Defense Quantum Information Science and Technology + Research and Development program. +Sec. 215. Establishment of Directed Energy Working Group. +Sec. 216. Extension of pilot program for the enhancement of the + research, development, test, and evaluation centers of the + Department of Defense. +Sec. 217. Designation of senior officials for critical technology areas + supportive of the National Defense Strategy. +Sec. 218. Executive agent for Autonomy. +Sec. 219. National security innovation partnerships. +Sec. 220. Social science, management science, and information science + research activities. +Sec. 221. Accountability measures relating to the Advanced Battle + Management System. +Sec. 222. Activities to improve fielding of Air Force hypersonic + capabilities. +Sec. 223. Disclosure of funding sources in applications for Federal + research and development awards. +Sec. 224. Governance of fifth-generation wireless networking in the + Department of Defense. +Sec. 225. Demonstration project on use of certain technologies for + fifth-generation wireless networking services. +Sec. 226. Research, development, and deployment of technologies to + support water sustainment. +Sec. 227. Limitation on contract awards for certain unmanned vessels. + + Subtitle C--Artificial Intelligence and Emerging Technology + +Sec. 231. Modification of biannual report on the Joint Artificial + Intelligence Center. +Sec. 232. Modification of joint artificial intelligence research, + development, and transition activities. +Sec. 233. Board of advisors for the Joint Artificial Intelligence + Center. +Sec. 234. Application of artificial intelligence to the defense reform + pillar of the National Defense Strategy. +Sec. 235. Acquisition of ethically and responsibly developed artificial + intelligence technology. +Sec. 236. Steering committee on emerging technology. + + Subtitle D--Education and Workforce Development + +Sec. 241. Measuring and incentivizing programming proficiency. +Sec. 242. Modification of Science, Mathematics, and Research for + Transformation (SMART) Defense Education Program. +Sec. 243. Improvements to Technology and National Security Fellowship of + Department of Defense. +Sec. 244. Modification of mechanisms for expedited access to technical + talent and expertise at academic institutions. +Sec. 245. Encouragement of contractor science, technology, engineering, + and mathematics (STEM) programs. +Sec. 246. Training program for human resources personnel in best + practices for technical workforce. +Sec. 247. Pilot program on the use of electronic portfolios to evaluate + certain applicants for technical positions. +Sec. 248. Pilot program on self-directed training in advanced + technologies. +Sec. 249. Part-time and term employment of university faculty and + students in the Defense science and technology enterprise. +Sec. 250. National security workforce and educational diversity + activities. +Sec. 251. Coordination of scholarship and employment programs of the + Department of Defense. +Sec. 252. Study on mechanisms for attracting and retaining high quality + talent in the Department of Defense. + + Subtitle E--Sustainable Chemistry + +Sec. 261. National coordinating entity for sustainable chemistry. +Sec. 262. Strategic plan for sustainable chemistry. +Sec. 263. Agency activities in support of sustainable chemistry. +Sec. 264. Partnerships in sustainable chemistry. +Sec. 265. Prioritization. +Sec. 266. Rule of construction. +Sec. 267. Major multi-user research facility project. + + Subtitle F--Plans, Reports, and Other Matters + +Sec. 271. Modification to annual report of the Director of Operational + Test and Evaluation. +Sec. 272. Modification to Test Resource Management Center strategic plan + reporting cycle and contents. +Sec. 273. Modification of requirements relating to energetics plan to + include assessment of feasibility and advisability of + establishing a program office for energetics. +Sec. 274. Element in annual reports on cyber science and technology + activities on work with academic consortia on high priority + cybersecurity research activities in Department of Defense + capabilities. +Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting + Vehicle program. +Sec. 276. Microelectronics and national security. +Sec. 277. Independent evaluation of personal protective and diagnostic + testing equipment. +Sec. 278. Assessment on United States national security emerging + biotechnology efforts and capabilities and comparison with + adversaries. +Sec. 279. Annual reports regarding the SBIR program of the Department of + Defense. +Sec. 280. Reports on F-35 physiological episodes and mitigation efforts. +Sec. 281. Review and report on next generation air dominance + capabilities. +Sec. 282. Plan for operational test and utility evaluation of systems + for Low-Cost Attributable Aircraft Technology program. +Sec. 283. Independent comparative analysis of efforts by China and the + United States to recruit and retain researchers in national + security-related and defense-related fields. -SEC. 201. AUTHORIZATION OF APPROPRIATIONS. + Subtitle A--Authorization of Appropriations + SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section @@ -3561,276 +4625,15 @@ test, and evaluation, as specified in the funding table in section Subtitle B--Program Requirements, Restrictions, and Limitations -SEC. 211. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH FOR - TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM. - - (a) Pilot Subprogram.--Section 2192a of title 10, United States -Code, is amended-- - (1) by redesignating subsections (b) through (h) as - subsections (c) through (i); - (2) by inserting after subsection (a) the following new - subsection: - ``(b) Requirement for Pilot Subprogram.-- - ``(1) In general.--As a subprogram of the program under - subsection (a), the Secretary of Defense shall carry out a - pilot program to be known as the `National Security Pipeline - Pilot Program' (referred to in this section as the `Pilot - Program') under which the Secretary shall seek to enter into - partnerships with minority institutions to diversify the - participants in the program under subsection (a). - ``(2) Elements.--Under the Pilot Program, the Secretary of - Defense shall-- - ``(A) provide an appropriate amount of financial - assistance under subsection (c) to an individual who is - pursuing an associate's degree, undergraduate degree, - or advanced degree at a minority institution; - ``(B) provide such financial assistance to - recipients in conjunction with summer internship - opportunities or other meaningful temporary - appointments within the Department; and - ``(C) periodically evaluate the success of - recruiting individuals for scholarships under this - subsection and on hiring and retaining those - individuals in the public sector workforce. - ``(3) Reports.-- - ``(A) Initial report.--Not later than December 31, - 2022, the Secretary of Defense shall submit to the - congressional defense committees a report on the - establishment of the Pilot Program. At a minimum, the - report shall identify the number of students - participating in the pilot program as of the date of - the report, the fields of study pursued by such - students, and the minority institutions at which such - students are enrolled. - ``(B) Final report.--Not later than September 30, - 2024, the Secretary of Defense shall submit to the - congressional defense committees a report that - evaluates the success of the pilot program in - recruiting individuals for scholarships under this - section and hiring and retaining those individuals in - the public sector workforce. - ``(4) Termination.--The Pilot Program shall terminate on - December 31, 2026.''; - (3) in subsection (c)(1), as so redesignated-- - (A) in subparagraph (A), by striking ``subsection - (g)'' and inserting ``subsection (h)''; and - (B) in subparagraph (C), by striking ``subsection - (c)'' and inserting ``subsection (d)''; - (4) in subsection (d), as so redesignated-- - (A) by redesignating paragraph (3) as paragraph - (4); and - (B) by inserting after paragraph (2) the following - new paragraph: - ``(3) Pursuant to regulations prescribed by the Secretary - of Defense for such purpose, a scholarship recipient who is not - serving in the Armed Forces at the time the scholarship is - received may fulfill the condition described in paragraph (1) - by serving on active duty in the Armed Forces.''; and - (5) by amending subsection (i), as so redesignated, to read - as follows: - ``(i) Definitions.--In this section: - ``(1) The term `institution of higher education' has the - meaning given such term in section 101 of the Higher Education - Act of 1965 (20 U.S.C. 1001). - ``(2) The term `minority institution' means an institution - of higher education at which not less than 50 percent of the - total student enrollment consists of students from ethnic - groups that are underrepresented in the fields of science and - engineering.''. - (b) Additional Modifications.--Section 2192a of title 10, United -States Code, as amended by subsection (a), is further amended-- - (1) in subsection (d), by adding at the end the following - new paragraph: - ``(5) In employing participants during the period of - obligated service, the Secretary shall ensure that participants - are compensated at a rate that is comparable to the rate of - compensation for employment in a similar position in the - private sector.''. - (2) by redesignating subsections (e) through (i) as - subsections (f) through (j), respectively; - (3) by inserting after subsection (d) the following new - subsection: - ``(e) Internship Requirement.--In addition to the period of -obligated service required under subsection (d), before completing a -degree program for which a scholarship was awarded under this section, -each participant shall participate in a paid internship for a period of -not less than eight weeks with a defense industry sponsor. The -Secretary shall work with each defense industry sponsor to ensure there -are sufficient paid internships available for all participants, and -that each such defense industry sponsor-- - ``(1)(A) may be a potential employer for purpose of the - participant's period of obligated service as described - subsection (d)(1)(B)(ii); or - ``(B) may offer full time employment for a participant's - last year of obligated service after the participant completes - remaining years owed; and - ``(2) has agreed to be a defense industry sponsor making a - minimum contribution for each participant who receives an - internship, which shall be a minimum amount determined by the - Secretary, but not less than an amount equal to 50 percent of - the cost of an average scholarship under this section.''; - (4) in subsection (h), as so redesignated-- - (A) by striking ``The Secretary of Defense shall'' - and inserting: - ``(1) The Secretary of Defense shall''; and - (B) by adding at the end the following new - paragraph: - ``(2)(A) The Secretary of Defense shall establish or - designate an organization within the Department of Defense - which shall have primary responsibility for building cohesion - and collaboration across the various scholarship and employment - programs of the Department. - ``(B) The organization described in subparagraph (A) shall - have the following duties-- - ``(i) establish an interconnected network and - database across the scholarship and employment programs - of the Department, including, at a minimum the SMART - Defense Education Program, the Defense Civilian - Training Corps, the National Defense Science and - Engineering Graduate Fellowship, the Army AEOP - apprenticeship program, and the Consortium Research - Fellows Program; - ``(ii) aid in matching scholarships to individuals - pursuing courses of study in in-demand skill areas; and - ``(iii) build a network of program participants, - past, present, and future whom DOD departments can draw - on to fill skills gaps. - ``(C) On an annual basis, the organization described in - subparagraph (A) shall publish, on a publicly accessible - website of the Department of Defense, an annual report on the - workforce requirements and expected future needs of the - civilian workforce of the Department of Defense.''; - (5) by redesignating subsection (j), as so redesignated, as - subsection (k); - (6) by inserting after subsection (i) the following new - subsection: - ``(j) Special Rule.--In each year of the program under this -section, not less than 20 percent of the applicants who are awarded -scholarships shall be individuals pursuing degrees in computer science -or a related field of study.''; and - (7) in subsection (k), as so redesignated, by adding at the - end the following new paragraph: - ``(3) The term `defense industry sponsor' means-- - ``(A) a defense contractor with an active - government contract that makes the required minimum - contribution described in subsection (e)(2); or - ``(B) a company deemed critical to the national - security infrastructure that makes such a - contribution.''. - -SEC. 212. ENHANCED PARTICIPATION OF DEPARTMENT OF DEFENSE CONTRACTORS - IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS - ACTIVITIES. - - (a) In General.-- - (1) Program required.--Chapter 111 of title 10, United - States Code, is amended by inserting after section 2192b the - following new section: -``Sec. 2192c. Program to enhance contractor participation in science, - technology, engineering, and mathematics activities - ``(a) In General.--The Secretary of Defense shall carry out a -program under which the Secretary shall seek to enter into partnerships -with Department of Defense contractors to promote interest in careers -in STEM disciplines. - ``(b) Objectives.--The objectives of the program under subsection -(a) are-- - ``(1) to maximize strategic partnerships between - institutions of higher education and private sector - organizations to build and strengthen communities involved in - STEM disciplines; - ``(2) to increase diversity, equity, and inclusion by - providing access to career paths in STEM in historically - underserved and underrepresented communities; - ``(3) to encourage employers in STEM disciplines to - establish work-based learning experiences such as internships - and apprenticeships; and - ``(4) to build partnerships with minority and woman-owned - Department of Defense contractors to establish work-based - learning experiences such as internships and apprenticeships. - ``(c) Activities.--As part of the program under subsection (a), the -Secretary of Defense shall seek to encourage and provide support to -Department of Defense contractors to enable such contractors to carry -out activities to promote interest in careers in STEM disciplines. Such -activities may include-- - ``(1) aiding in the development of educational programs and - curriculum in STEM disciplines for students of elementary - schools and secondary schools; - ``(2) establishing volunteer programs in elementary schools - and secondary schools receiving assistance under part A of - title I of the Elementary and Secondary Education Act of 1965 - (20 U.S.C. 6311 et seq.) to enhance education in STEM - disciplines; - ``(3) enhancing education in STEM disciplines at - institutions of higher education by-- - ``(A) making personnel available to advise and - assist faculty at such institutions in the performance - of research and instruction in STEM disciplines that - are determined to be critical to the functions of the - Department of Defense; - ``(B) awarding scholarships and fellowships to - students pursuing courses of study in STEM disciplines; - or - ``(C) establishing cooperative work-education - programs in STEM disciplines for students; or - ``(4) enhancing education in STEM disciplines at minority - institutions by-- - ``(A) establishing partnerships between offerors - and such institutions for the purpose of training - students in STEM disciplines; - ``(B) conducting recruitment activities at such - institutions; or - ``(C) making internships or apprenticeships - available to students of such institutions. - ``(d) Allowability of Costs.--Activities described in subsection -(c) shall be considered as allowable community service activities for -the purposes of determining allowability of cost on a government -contract. - ``(e) Definitions.--In this section: - ``(1) The terms `elementary school' and `secondary school' - have the meanings given those terms in section 8101 of the - Higher Education Act of 1965 (20 U.S.C. 7801). - ``(2) The term `institution of higher education' has the - meaning given that term in section 101 of the Higher Education - Act of 1965 (20 U.S.C. 1001). - ``(3) The term `minority institution' means-- - ``(A) a part B institution (as that term is defined - in section 322(2) of the Higher Education Act of 1965 - (20 U.S.C. 1061(2)); or - ``(B) any other institution of higher education (as - that term is defined in section 101 of such Act (20 - U.S.C. 1001)) at which not less than 50 percent of the - total student enrollment consists of students from - ethnic groups that are underrepresented in the fields - of science and engineering. - ``(4) The term `STEM disciplines' means disciplines - relating to science, technology, engineering and mathematics, - including disciplines that are critical to the national - security functions of the Department of Defense and that are - needed in the Department of Defense workforce (as determined by - the Secretary of Defense under section 2192a(a)).''. - (2) Clerical amendment.--The table of sections at the - beginning of such chapter is amended by inserting after the - item relating to section 2192b the following new item: - -``2192c. Program to enhance contractor participation in science, - technology, engineering, and math - activities.''. - (b) Conforming Repeal.--Section 862 of the National Defense -Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. -note prec. 2191) is repealed. - -SEC. 213. MODIFICATION OF REQUIREMENTS RELATING TO CERTAIN COOPERATIVE - RESEARCH AND DEVELOPMENT AGREEMENTS. - + SEC. 211. MODIFICATION OF REQUIREMENTS RELATING TO CERTAIN + COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. Section 2350a of title 10, United States Code, is amended-- - (1) in subsection (b)(2), by striking ``and the Under - Secretary'' and inserting ``or the Under Secretary''; - (2) in subsection (c)-- - (A) by striking ``Each cooperative'' and inserting - ``(1) Except as provided in paragraph (2), each - cooperative''; and - (B) by adding at the end the following new - paragraphs: + (1) in subsection (b)(2), by striking ``and the Under + Secretary'' and inserting ``or the Under Secretary''; and + (2) in subsection (c)-- + (A) by striking ``Each cooperative'' and inserting ``(1) + Except as provided in paragraph (2), each cooperative''; and + (B) by adding at the end the following new paragraphs: ``(2) A cooperative research and development project may be entered into under this section under which costs are shared between the participants on an unequal basis if the Secretary of Defense, or an @@ -3839,531 +4642,236 @@ authority under this paragraph, makes a written determination that unequal cost sharing provides strategic value to the United States or another participant in the project. ``(3) For purposes of this subsection, the term `cost' means the -total value of cash and non-cash contributions.''; - (3) in subsection (d)-- - (A) in paragraph (1), by striking ``In order to'' - and inserting ``Except as provided in paragraph (2), in - order to''; - (B) by redesignating paragraph (2) as paragraph - (3); and - (C) by inserting after paragraph (1) the following - new paragraph: - ``(2)(A) The Secretary of Defense, or an official specified in -subsection (b)(2) to whom the Secretary delegates authority under this -paragraph, may waive the prohibition under paragraph (1) to allow the -procurement of qualified services from a foreign government, foreign -research organization, or other foreign entity on a case-by-case basis. - ``(B) Not later than 30 days before issuing a waiver under -subparagraph (A), the Secretary of Defense or the official specified in -subsection (b)(2) to whom the Secretary delegates authority under this -paragraph (as the case may be) shall submit to the congressional -defense committees, the Committee on Foreign Affairs of the House of -Representatives, and the Committee on Foreign Relations of the Senate -written notice of the intent to issue such a waiver. - ``(C) For purposes of this paragraph, the term `qualified services' -means engineering support services and local management services, -including launch support services, test configuration support services, -test range support services, and development support services, that are -not covered by a memorandum of understanding (or other formal -agreement) to conduct a cooperative research and development project -under this section.''. - -SEC. 214. PILOT PROGRAM ON TALENT OPTIMIZATION. - - Section 2358b of title 10, United States Code, is amended by adding -at the end the following new subsection: - ``(e) Pilot Program on Talent Optimization.-- - ``(1) In general.--The Under Secretary of Defense for - Research and Engineering, acting through the Director of the - Defense Innovation Unit, shall carry out a pilot program to - develop a software-based system that enables active duty - military units to identify, access, and request support from - members of the reserve components who have the skills and - expertise necessary to carry out one or more functions required - of such units. - ``(2) Elements.--In carrying out the pilot program, the - Director of the Defense Innovation Unit shall-- - ``(A) ensure that the system developed under - paragraph (1)-- - ``(i) enables active duty units, in near - real-time, to identify members of the reserve - components who have the qualifications - necessary to meet certain requirements - applicable to the units; - ``(ii) improves the ability of the military - departments to access, on-demand, members of - the reserve components who possess relevant - experience; and - ``(iii) prioritizes access to members of - the reserve components who have private-sector - experience in the fields identified in section - (b); - ``(iv) leverages commercial best practices - for similar software systems; - ``(B) recommend policies and legislation to - streamline the use of members of the reserve components - by active duty units; and - ``(C) carry out such other activities as the - Director determines appropriate. - ``(3) Termination.--The authority to carry out the pilot - program under this subsection shall terminate on September 30, - 2025.''. - -SEC. 215. CODIFICATION OF THE NATIONAL SECURITY INNOVATION NETWORK. - - (a) Codification.-- - (1) In general.--Chapter 139 of title 10, United States - Code, is amended by inserting after section 2358b the following - new section: -``Sec. 2358c. National Security Innovation Network - ``(a) Establishment.--The Secretary of Defense shall establish a -program office to be known as the `National Security Innovation -Network' (referred to in this section as the `Network'). The Secretary -shall establish the Network within the Office of the Under Secretary of -Defense for Research and Engineering or within the office of another -principal staff assistant to the Secretary. - ``(b) Responsibilities.--The responsibilities of the Network shall -be-- - ``(1) to create a network throughout the United States that - connects the Department of Defense to academic institutions, - commercial accelerators and incubators, commercial innovation - hubs, and nonprofit entities with missions relating to national - security innovation; - ``(2) to expand the national security innovation base - through integrated, project-based problem solving that leads to - novel concept and solution development for the Department and - facilitates dual-use venture creation; - ``(3) to accelerate the adoption of novel concepts and - solutions by facilitating dual-use technology advancement to - improve acquisition and procurement outcomes; - ``(4) to work in coordination with the Under Secretary of - Defense for Personnel and Readiness, other principal staff - assistants within the Office of the Secretary, and the Armed - Forces to create new pathways and models of national security - service that facilitate term, temporary, and permanent - employment within the Department for-- - ``(A) students and graduates in the fields of - science, technology, arts, engineering, and - mathematics; - ``(B) early-career and mid-career technologists; - and - ``(C) entrepreneurs for purposes of project-based - work; - ``(5) to generate novel concepts and solutions to problems - and requirements articulated by entities within the Department - through programs, such as the Hacking for Defense program, that - combine end users from the Department, students and faculty - from academic institutions, and the early-stage dual-use - venture community; - ``(6) to establish physical locations throughout the United - States through which the Network will connect with academic and - private sector partners for the purposes of carrying the - responsibilities described in paragraphs (1) through (5); - ``(7) to leverage commercial software platforms and - databases that enable the Department of Defense to-- - ``(A) source and map user problems to markets and - suppliers across venture capital, government - innovation, and technology portfolios; - ``(B) collaboratively identify potential companies - and technologies that can solve unclassified and - classified Department of Defense user problems; - ``(C) integrate expertise from the venture capital - community and private sector subject matter experts; - ``(D) evaluate companies and solutions against - existing datasets for cyber and foreign ownership risk; - and - ``(E) access commercial technologies through an - accredited and cloud-based development environment, - consistent with Department standards; and - ``(8) to carry out such other activities as the Secretary - of Defense, in consultation with the head of the Network, - determines to be relevant to such responsibilities. - ``(c) Authorities.--In addition to the authorities provided under -this section, in carrying out this section, the Secretary of Defense -may use the following authorities: - ``(1) Section 1599g of this title relating to public- - private talent exchanges. - ``(2) Section 2368 of this title, relating to Centers for - Science, Technology, and Engineering Partnerships. - ``(3) Section 2374a of this title, relating to prizes for - advanced technology achievements. - ``(4) Section 2474 of this title, relating to Centers of - Industrial and Technical Excellence. - ``(5) Section 2521 of this title, relating to the - Manufacturing Technology Program. - ``(6) Subchapter VI of chapter 33 of title 5, relating to - assignments to and from States. - ``(7) Chapter 47 of such title, relating to personnel - research programs and demonstration projects. - ``(8) Section 12 of the Stevenson-Wydler Technology - Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of - title 31 relating to cooperative research and development - agreements. - ``(9) Such other authorities as the Secretary considers - appropriate. - ``(d) Definitions.--In this section: - ``(1) The term `dual-use venture' means a business that - provides products or services that are capable of meeting - requirements for military and nonmilitary applications. - ``(2) The term `early-stage dual-use venture' means a - business that provides products or services that are capable of - meeting requirements for military and nonmilitary applications - that has raised not more than $20,000,000 in private venture - capital, and whose principal product or service does not - support, either directly or indirectly, a current Department of - Defense program of record.''. - (2) Clerical amendment.--The table of sections at the - beginning of such chapter is amended by inserting after the - item relating to section 2358b the following new item: - -``2358c. National Security Innovation Network.''. - (b) Implementation.-- - (1) Transfers from other dod elements.--The Secretary of - Defense may transfer to the National Security Innovation - Network established under section 2358c of title 10, United - States Code (as added by subsection (a)) such personnel, - resources, and functions of other organizations and elements of - the Department of Defense as the Secretary considers - appropriate to carry out such section. - (2) Integration with existing nsin.--Effective on the date - of the enactment of this Act, the National Security Innovation - Network of the Department of Defense (as in existence on the - day before such date of enactment) shall be transferred to and - merged with the National Security Innovation Network - established under section 2358c of title 10, United States Code - (as added by subsection (a)). - (3) Implementation plan.-- - (A) In general.--Not later than 180 days after the - date of the enactment of this Act, the Secretary of - Defense shall submit to the congressional defense - committees a plan for implementing the National - Security Innovation Network under section 2358c of - title 10, United States Code (as added by subsection - (a)). - (B) Elements.--The plan required under paragraph - (1) shall include the following: - (i) Plans for any transfers the Secretary - intends to carry out under paragraph (1). - (ii) Plans for the funding, integration, - and evaluation of the Network, including plans - for-- - (I) future funding and - administrative support of the Network; - (II) integration of the Network - into the programming, planning, - budgeting, and execution process of the - Department of Defense; - (III) integration of the Network - with the other programs and initiatives - within the Department that have - missions relating to innovation and - outreach to the academic and the - private sector early-stage dual-use - venture community (as defined in - section 2358c of title 10, United - States Code (as added by subsection - (a)); and - (IV) performance indicators by - which the Network will be assessed and - evaluated. - (iii) A description of any additional - authorities the Secretary may require to ensure - that the Network is able to effectively carry - out the responsibilities specified in section - 2358c(c) of title 10, United States Code (as - added by subsection (a)). - (c) Comptroller General Reviews and Reports.-- - (1) Review and report on implementation plan.--Not later - than 180 days after the date on which the implementation plan - is submitted under subsection (b)(3), the Comptroller General - of the United States shall-- - (A) complete a review of the implementation plan; - (B) submit to the congressional defense committees - a report on the results of the review. - (2) Program evaluation and report.-- - (A) In general.--Not later than 3 years after the - date of the enactment of this Act, the Comptroller - General of the United States shall-- - (i) complete an evaluation of the National - Security Innovation Network under section 2358c - of title 10, United States Code (as added by - subsection (a)); and - (ii) submit to the appropriate - congressional committees a report on the - results of the evaluation. - (B) Appropriate congressional committees defined.-- - In this paragraph, the term ``appropriate congressional - committees'' means-- - (i) the congressional defense committees; - (ii) the Committee on Homeland Security and - Governmental Affairs of the Senate; and - (iii) the Committee on Oversight and Reform - of the House of Representatives. - -SEC. 216. MODIFICATION OF PILOT PROGRAM ON ENHANCED CIVICS EDUCATION. - - (a) In General.--Section 234 of the National Defense Authorization -Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2164 note) is -amended-- - (1) in subsection (e)(1)-- - (A) in subparagraph (H), by striking ``and'' at the - end; and - (B) by adding at the end the following new - subparagraph: - ``(J) the improvement of critical thinking and - media literacy among students, including the - improvement of students' abilities with respect to-- - ``(i) research and information fluency; - ``(ii) critical thinking and problem - solving skills; - ``(iii) technology operations and concepts; - ``(iv) information and technological - literacy; - ``(v) understanding of the importance of - obtaining information from multiple media - sources and evaluating sources for quality; and - ``(vi) understanding how information on - digital platforms can be altered through - algorithms, editing, and augmented reality; - and''; and - (2) in subsection (g), by adding at the end the following - new paragraph: - ``(3) The term `media literacy' means the ability to-- - ``(A) access relevant and accurate information - through media in a variety of forms; - ``(B) critically analyze media content and the - influences of different forms of media; - ``(C) evaluate the comprehensiveness, relevance, - credibility, authority, and accuracy of information; - ``(D) make educated decisions based on information - obtained from media and digital sources;''. - (b) Deadline for Implementation.--Not later than 90 days after the -date of the enactment of this Act, the Secretary of Defense shall -implement the pilot program under section 234 of the National Defense -Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. -2164 note), as amended by subsection (a). - (c) Progress Report.--Not later than 30 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -congressional defense committees a report on the efforts of Secretary -to implement the pilot program under section 234 of the National -Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 -U.S.C. 2164 note), as amended by subsection (a). - -SEC. 217. MODIFICATION OF JOINT ARTIFICIAL INTELLIGENCE RESEARCH, - DEVELOPMENT, AND TRANSITION ACTIVITIES. - - Section 238 of the John S. McCain National Defense Authorization -Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is -amended-- - (1) in the section heading, by inserting ``and improvement - of the joint artificial intelligence center'' before the period - at the end; - (2) in subsection (a)-- - (A) in paragraph (1), by inserting ``acquire,'' - before ``develop''; and - (B) by amending paragraph (2) to read as follows: - ``(2) Emphasis.--The set of activities established under - paragraph (1) shall include-- - ``(A) acquisition and development of mature - artificial intelligence technology; - ``(B) applying artificial intelligence and machine - learning solutions to operational problems by directly - delivering artificial intelligence capabilities to the - Armed Forces and other organizations and elements of - the Department; - ``(C) accelerating the development, testing, and - fielding of new artificial intelligence and artificial - intelligence-enabling capabilities; and - ``(D) coordinating and deconflicting activities - involving artificial intelligence and artificial - intelligence-enabled capabilities within the - Department.''; - (3) by amending subsection (b) to read as follows: - ``(b) Responsible Official.--The Deputy Secretary of Defense shall -be the official within the Department of Defense with principal -responsibility for the coordination of activities relating to the -acquisition, development, and demonstration of artificial intelligence -and machine learning for the Department.''; - (4) by redesignating subsections (c) through (g) as - subsections (d) through (h), respectively; - (5) by inserting after subsection (b) the following new - subsection: - ``(c) Organization.-- - ``(1) Role of joint artificial intelligence center.--The - set of activities established under subsection (a)(1) shall be - established within the Joint Artificial Intelligence Center. - ``(2) Authority of deputy secretary of defense.--The Deputy - Secretary of Defense shall exercise authority and direction - over the Joint Artificial Intelligence Center. - ``(3) Authority of director.--The Director of the Joint - Artificial Intelligence Center shall report directly to the - Deputy Secretary of Defense. - ``(4) Delegation.--In exercising authority and direction - over the Joint Artificial Intelligence Center under subsection - (a), the Deputy Secretary of Defense may delegate - administrative and ancillary management duties to the Chief - Information Officer of the Department of Defense, as needed, to - effectively and efficiently execute the mission of the - Center.''; - (6) in subsection (d), as so redesignated-- - (A) in the matter preceding paragraph (1), by - striking ``official designated under subsection (b)'' - and inserting ``Deputy Secretary of Defense''; - (B) in paragraph (1), in the matter preceding - subparagraph (A), by inserting ``acquire,'' before - ``develop''; - (C) in the heading of paragraph (2), by striking - ``development'' and inserting ``acquisition, - development,''; and - (D) in paragraph (2)-- - (i) in the matter preceding subparagraph - (A), by striking ``To the degree practicable, - the designated official'' and inserting ``The - Deputy Secretary of Defense''; - (ii) in subparagraph (A), by striking - ``development'' and inserting ``acquisition, - development,''; - (iii) by redesignating subparagraphs (H) - and (I) as subparagraphs (J) and (K), - respectively; and - (iv) by inserting after subparagraph (G), - the following new subparagraphs: - ``(H) develop standard data formats for the - Department that-- - ``(i) aid in defining the relative maturity - of datasets; and - ``(ii) inform best practices for cost and - schedule computation, data collection - strategies aligned to mission outcomes, and - dataset maintenance practices; - ``(I) establish data and model usage agreements and - collaborative partnership agreements for artificial - intelligence product development with each organization - and element of the Department, including each of the - Armed Forces;''; - (7) in subsection (e), as so redesignated-- - (A) by striking ``the official designated under - subsection (b)'' and inserting ``the Director of the - Joint Artificial Intelligence Center''; - (B) by striking ``subsection (c)'' and inserting - ``subsection (d)''; and - (C) by adding at the end the following: ``At a - minimum, such access shall ensure that the Director has - the ability to discover, access, share, and reuse data - and models of the Armed Forces and other organizations - and elements of the Department of Defense and to build - and maintain data for the Department.''; - (8) in subsection (f), as so redesignated-- - (A) in paragraph (1)-- - (i) in the matter preceding subparagraph - (A), by striking ``official designated under - subsection (b)'' and inserting ``Deputy - Secretary of Defense''; and - (ii) in subparagraph (B), by striking - ``designated official'' and inserting ``Deputy - Secretary of defense''; and - (B) in paragraph (2), by striking ``designated - official'' and inserting ``Deputy Secretary of - Defense''; and - (9) by adding at the end the following new subsection: - ``(i) Joint Artificial Intelligence Center Defined.--The term -`Joint Artificial Intelligence Center' means the Joint Artificial -Intelligence Center of the Department of Defense established pursuant -to the memorandum of the Secretary of Defense dated June 27, 2018, and -titled `Establishment of the Joint Artificial Intelligence Center', or -any successor to such Center.''. - -SEC. 218. MODIFICATION OF NATIONAL SECURITY INNOVATION ACTIVITIES AND - MANUFACTURING PILOT PROGRAM. - +total value of cash and non-cash contributions.''. + SEC. 212. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF DEPARTMENT OF + DEFENSE RESEARCH AND DEVELOPMENT FUNDS. + (a) Disclosure Requirements.-- + (1) In general.--Chapter 139 of title 10, United States Code, + is amended by adding at the end the following new section: +``Sec. 2374b. Disclosure requirements for recipients of research and + development funds + ``(a) In General.--Except as provided in subsections (b) and (c), +an individual or entity (including a State or local government) that +uses funds received from the Department of Defense to carry out +research or development activities shall include, in any public +document pertaining to such activities, a clear statement indicating +the dollar amount of the funds received from the Department for such +activities. + ``(b) Exception.--The disclosure requirement under subsection (a) +shall not apply to a public document consisting of fewer than 280 +characters. + ``(c) Waiver.--The Secretary of Defense may waive the disclosure +requirement under subsection (a) on a case-by-case basis. + ``(d) Public Document Defined.--In this section, the term `public +document' means any document or other written statement made available +for public reference or use, regardless of whether such document or +statement is made available in hard copy or electronic format.''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter is amended by adding at the end the following new + item: + +``2374b. Disclosure requirements for recipients of research and + development funds.''. + + (b) Effective Date and Applicability.--The amendments made by +subsection (a) shall take effect on October 1, 2021, and shall apply +with respect to funds for research and development that are awarded by +the Department of Defense on or after that date. + SEC. 213. MODIFICATION OF NATIONAL SECURITY INNOVATION ACTIVITIES + AND PILOT PROGRAM ON STRENGTHENING THE DEFENSE INDUSTRIAL AND + INNOVATION BASE. (a) National Security Innovation Activities.--Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 -(10 U.S.C. 2358 note) is amended-- - (1) in subsection (a), by striking ``The Under Secretary of - Defense for Research and Engineering shall establish'' and - inserting ``The Under Secretary of Defense for Research and - Engineering, acting through the Director of the Defense - Innovation Unit, shall establish''; - (2) by redesignating subsections (e) through (h) as - subsections (f) through (i), respectively; - (3) by inserting after subsection (d) the following new - subsection: - ``(e) Establishment of Advisory Board.-- - ``(1) In general.--Not earlier than the date specified in - paragraph (5), but no later than 180 days after such date, the - Under Secretary shall establish an advisory board within the - Defense Innovation Unit to advise the Under Secretary and the - Director of the Unit with respect to the establishment and - prioritization of activities under such subsection (a). - ``(2) Duties.--The advisory board established under - paragraph (1) shall-- - ``(A) identify activities that should be - prioritized for establishment under subsection (a); - ``(B) not less frequently that semiannually, - reevaluate and update such priorities; and - ``(C) ensure continuing alignment of the activities - established under subsection (a), including all - elements of such activities described in subsection - (b), with the overall technology strategy of the - Department of Defense. - ``(3) Membership.--The advisory board established under - paragraph (1) shall be composed of one or more representatives - from each of the following: - ``(A) Each science and technology reinvention - laboratory of the Department of Defense. - ``(B) The primary procurement organization of each - Armed Force. - ``(C) The Defense Innovation Board. - ``(D) Such other organizations and elements of the - Department of Defense as the Under Secretary, in - consultation with the Director of the Defense - Innovation Unit, determines appropriate. - ``(4) Plan.--Not later than 90 days before the date on - which the advisory board is established under paragraph (1), - the Under Secretary shall submit to the congressional defense - committees a plan for establishing the advisory board, - including a description of the expected roles, - responsibilities, and membership of the advisory board. - ``(5) Date specified.--The date specified in this paragraph - is the date on which funds are first appropriated or otherwise - made available to carry out subsection (a).''; and - (4) in subsection (h), as so redesignated, by striking - ``subsection (h)'' and inserting ``subsection (i)''. - (b) Pilot Program on Defense Manufacturing.--Section 1711 of the -National Defense Authorization Act for Fiscal Year 2018 (Public Law -115-91; 10 U.S.C. 2505 note) is amended-- - (1) in subsection (d), by striking ``the date that is four - years after the date of the enactment of this Act'' and - inserting ``December 31, 2026''; and - (2) in subsection (e), by striking ``January 31, 2022'' and - inserting ``January 31, 2027''. - -SEC. 219. EXTENSION OF PILOT PROGRAM FOR THE ENHANCEMENT OF THE - RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS OF - THE DEPARTMENT OF DEFENSE. - +(Public Law 115-232; 10 U.S.C. 2358 note) is amended-- + (1) by striking subsection (h); + (2) by redesignating subsections (e) through (g) as subsections + (f) through (h), respectively; + (3) by inserting after subsection (d) the following new + subsection: + ``(e) Advisory Assistance.-- + ``(1) In general.--The Under Secretary shall establish a + mechanism to seek advice from existing Federal advisory committees + on matters relating to-- + ``(A) the implementation and prioritization of activities + established under subsection (a); and + ``(B) determining how such activities may be used to + support the overall technology strategy of the Department of + Defense. + ``(2) Existing federal advisory committees defined.--In this + subsection, the term `existing Federal advisory committee' means an + advisory committee that-- + ``(A) is established pursuant to a provision of Federal law + other than this section; and + ``(B) has responsibilities relevant to the activities + established under subsection (a), as determined by the Under + Secretary.''; and + (4) in paragraph (1) of subsection (g) (as so redesignated) by + striking ``strengthening manufacturing in the defense industrial + base'' and inserting ``strengthening the defense industrial and + innovation base''. + (b) Plan.--Not later than April 1, 2021, the Under Secretary of +Defense for Research and Engineering shall submit to the congressional +defense committees a plan that describes-- + (1) the mechanism the Under Secretary will use to seek advice + from existing Federal advisory committees as required under section + 230(e) of the John S. McCain National Defense Authorization Act for + Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) (as + added by subsection (a) of this section); and + (2) the expected roles and responsibilities of such committees + with respect to advising the Under Secretary on the activities + established under section 230 of such Act. + (c) Pilot Program on Defense Industrial and Innovation Base.-- +Section 1711 of the National Defense Authorization Act for Fiscal Year +2018 (Public Law 115-91; 10 U.S.C. 2505 note) is amended-- + (1) in the section heading, by striking ``manufacturing in the + defense industrial base'' and inserting ``the defense industrial + and innovation base''; + (2) in subsection (a)-- + (A) in the matter preceding paragraph (1), by inserting + ``and the defense innovation base'' after ``industrial base''; + (B) in paragraph (1), by inserting ``development, + prototyping, and manufacturing'' before ``production''; and + (C) in paragraph (2), by striking ``manufacturing and + production'' and inserting ``development, prototyping, and + manufacturing''; + (3) in subsection (b)-- + (A) by redesignating paragraph (2) as paragraph (3); and + (B) by inserting after paragraph (1) the following new + paragraph: + ``(2) Section 230 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 + U.S.C. 2358 note).''; + (4) in subsection (c)-- + (A) in paragraph (1), by striking ``manufacturing and + production'' and inserting ``development, prototyping, and + manufacturing''; + (B) in paragraph (3), by striking ``manufacturing and + production''; + (C) in paragraph (4), by striking ``manufacturers'' and + inserting ``companies''; and + (D) in paragraph (5), by striking ``manufacturers'' and + inserting ``companies''; + (5) in subsection (d), by striking ``the date that is four + years after the date of the enactment of this Act'' and inserting + ``December 31, 2026''; and + (6) in subsection (e), by striking ``January 31, 2022'' and + inserting ``January 31, 2027''. + SEC. 214. UPDATES TO DEFENSE QUANTUM INFORMATION SCIENCE AND + TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. + Section 234 of the John S. McCain National Defense Authorization +Act for Fiscal year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is +amended-- + (1) by redesignating subsection (e) as subsection (f); and + (2) by inserting after subsection (d) the following new + subsection (e): + ``(e) Use of Quantum Computing Capabilities.--The Secretary of each +military department shall-- + ``(1) develop and annually update a list of technical problems + and research challenges which are likely to be addressable by + quantum computers available for use within in the next one to three + years, with a priority for technical problems and challenges where + quantum computing systems have performance advantages over + traditional computing systems, in order to enhance the capabilities + of such quantum computers and support the addressing of relevant + technical problems and research challenges; and + ``(2) establish programs and enter into agreements with + appropriate medium and small businesses with functional quantum + computing capabilities to provide such private sector capabilities + to government, industry, and academic researchers working on + relevant technical problems and research activities.''. + SEC. 215. ESTABLISHMENT OF DIRECTED ENERGY WORKING GROUP. + Section 219 of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is amended-- + (1) in subsection (c)-- + (A) by striking paragraph (4); and + (B) by redesignating paragraph (5) as paragraph (4); and + (2) by adding at the end the following new subsection: + ``(d) Directed Energy Working Group.-- + ``(1) In general.--Not later than 60 days after the date of the + enactment of the National Defense Authorization Act for fiscal year + 2021, the Secretary of Defense shall establish a working group to + be known as the `Directed Energy Working Group'. + ``(2) Responsibilities.--The Directed Energy Working Group + shall-- + ``(A) analyze and evaluate the current and planned directed + energy programs of each of the military departments; + ``(B) make recommendations to the Secretary of Defense-- + ``(i) describing how memoranda of understanding may be + used to coordinate the directed energy activities conducted + by the Department of Defense using amounts authorized to be + appropriated for research, development, test, and + evaluation; and + ``(ii) proposing the establishment of specific + memoranda of understanding between individual organizations + and elements of the Department of Defense to facilitate + such coordination; + ``(C) identify methods of quickly fielding directed energy + capabilities and programs; and + ``(D) develop a compendium on the effectiveness of directed + energy weapon systems and integrate the compendium into an + overall Joint Effectiveness Manual under the guidance from the + Joint Technical Coordination Group for Munitions Effectiveness. + ``(3) Head of working group.--The head of the Directed Energy + Working Group shall be the Under Secretary of Defense for Research + and Engineering or the designee of the Under Secretary. + ``(4) Membership.--The members of the Directed Energy Working + Group shall be appointed as follows: + ``(A) One member from each military department, appointed + by the Secretary of the military department concerned. + ``(B) One member appointed by the Under Secretary of + Defense for Research and Engineering. + ``(C) One member appointed by the Under Secretary of + Defense for Acquisition and Sustainment. + ``(D) One member appointed by the Director of the Strategic + Capabilities Office of the Department of Defense. + ``(E) One member appointed by the Director of the Defense + Advanced Research Projects Agency. + ``(F) One member appointed by the Director of Operational + Test and Evaluation. + ``(G) One member appointed by the Director of the Missile + Defense Agency. + ``(H) Such other members as may be appointed by the + Secretary of Defense from among individuals serving in the + Department of Defense. + ``(5) Deadline for appointment.--Members of the Directed Energy + Working Group shall be appointed not later than 30 days after the + date of the establishment of the working group under paragraph (1). + ``(6) Briefings to congress.--Not later than 180 days after the + date of the enactment of the William M. (Mac) Thornberry National + Defense Authorization Act for Fiscal Year 2021, and not less + frequently than once every 180 days thereafter, the Directed Energy + Working Group shall provide to the congressional defense committees + a briefing on the progress of each directed energy program that is + being adopted or fielded by the Department of Defense. + ``(7) Termination.--The Directed Energy Working Group + established under this subsection shall terminate 4 years after the + date of the enactment of the William M. (Mac) Thornberry National + Defense Authorization Act for Fiscal Year 2021.''. + SEC. 216. EXTENSION OF PILOT PROGRAM FOR THE ENHANCEMENT OF THE + RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS OF THE + DEPARTMENT OF DEFENSE. (a) In General.--Section 233 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended-- - (1) in subsection (e), by striking ``2022'' and inserting - ``2027''; and - (2) in subsection (f)-- - (A) by amending paragraph (1) to read as follows: - ``(1) In general.--Not later than one year after the date - of the enactment of the National Defense Authorization Act for - Fiscal Year 2021, the Secretary of Defense shall submit to the - congressional defense committees a report on the status of the - pilot program.''; and - (B) in paragraph (2), by adding at the end the - following new subparagraph: - ``(F) With respect to any military department not - participating in the pilot program, an explanation for - such nonparticipation, including identification of-- - ``(i) any issues that may be preventing - such participation; and - ``(ii) any offices or other elements of the - department that may be responsible for the - delay in participation.''. + (1) in subsection (e), by striking ``2022'' and inserting + ``2027''; and + (2) in subsection (f)-- + (A) by amending paragraph (1) to read as follows: + ``(1) In general.--Not later than one year after the date of + the enactment of the William M. (Mac) Thornberry National Defense + Authorization Act for Fiscal Year 2021, the Secretary of Defense + shall submit to the congressional defense committees a report on + the status of the pilot program.''; and + (B) in paragraph (2), by adding at the end the following + new subparagraph: + ``(F) With respect to any military department not + participating in the pilot program, an explanation for such + nonparticipation, including identification of-- + ``(i) any issues that may be preventing such + participation; and + ``(ii) any offices or other elements of the Department + of Defense that may be responsible for the delay in + participation.''. (b) Technical Amendment.--Effective as of December 23, 2016, and as if included therein as enacted, section 233(c)(2)(C)(ii) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law @@ -4371,279 +4879,307 @@ National Defense Authorization Act for Fiscal Year 2017 (Public Law Secretary of the Army for Acquisition, Technology, and Logistics'' and inserting ``Assistant Secretary of the Army for Acquisition, Logistics, and Technology''. - -SEC. 220. DIGITAL DATA MANAGEMENT AND ANALYTICS CAPABILITY. - - (a) Digital Data Management and Analytics Capability.-- - (1) In general.--The Secretary of Defense shall develop and - implement an advanced digital data management and analytics - capability to be used-- - (A) to digitally integrate all elements of the - acquisition process of the Department of Defense; - (B) to digitally record and track all relevant data - generated during the research, development, testing, - and evaluation of systems; and - (C) to maximize the use of such data to inform-- - (i) the further development and improvement - of such systems; and - (ii) the acquisition process for such - systems. - (2) Requirements.--The capability developed under paragraph - (1) shall meet the following requirements: - (A) The capability will be accessible to, and - useable by, individuals throughout the Department of - Defense who have responsibilities relating to - capability requirements, research, design, development, - testing, evaluation, acquisition, management, - operations, and sustainment of systems. - (B) The capability will provide for the - development, use, curation, and maintenance of - authoritative and technically accurate digital - systems-- - (i) to reduce the burden of reporting by - officials responsible for executing programs; - (ii) to ensure shared access to data within - the Department; - (iii) to supply data to digital engineering - models for use in the defense acquisition - process; - (iv) to supply data to testing - infrastructure and software to support - automated approaches for testing, evaluation, - and deployment throughout the defense - acquisition process; and - (v) to provide timely analyses to - Department leadership. - (C) The capability will be designed-- - (i) to improve data management processes in - the research, development, acquisition, and - sustainment activities of the Department; - (ii) to provide decision makers in the - Department with timely, high-quality, - transparent, and actionable analyses for - optimal development, acquisition, and - sustainment decision making and execution; - (iii) to facilitate productivity, - discovery, access, knowledge sharing, and - analysis of acquisition-related data across - organizational boundaries at all levels of the - Department, including through the development - of acquisition documentation; and - (iv) to build and improve analytical models - and simulations to enhance the development, - test, and use of weapon systems. - (3) Software requirement.-- - (A) In general.--The capability developed under - paragraph (1) shall include software to collect, - organize, manage, make available, and analyze relevant - data throughout the life cycle of defense acquisition - programs, including any data needed to satisfy - milestone requirements and reviews. - (B) Procurement authority.--The software described - in subparagraph (A) may be developed or procured using - the authorities provided under section 800 of the - National Defense Authorization Act for Fiscal Year 2020 - (Public Law 116-92; 133 Stat. 1478). - (4) Review.--In developing the capability required under - paragraph (1) the Secretary of Defense shall-- - (A) review data content and requirements to support - planning and reporting of functions and remove - redundant data requests across functions; and - (B) based on such review, develop recommended - approaches for-- - (i) moving supporting processes from analog - to digital format, including planning and - reporting processes; - (ii) making new data active through - digitalization; - (iii) making legacy data, including data - currently residing in program documentation, - active through digitalization; and - (iv) modernizing the storage, retrieval, - and reporting capabilities for stakeholders - within the Department, including research - entities, Program Management Offices, analytic - organizations, enterprise oversight, and - decision makers. - (b) Demonstration Activities.-- - (1) In general.--The Secretary of Defense shall carry out - demonstration activities to test various approaches to building - the capability required under subsection (a). - (2) Program selection.--Not later than 180 days after the - date of the enactment of this Act, the Secretary of Defense - shall assess and select not fewer than two and not more than - five programs of the Department of Defense to participate in - the demonstration activities under paragraph (1), including-- - (A) one or more acquisition data management test - cases; and - (B) one or more development and test modeling and - simulation test cases to demonstrate the ability to - collect data from tests and operations in the field, - and feed the data back into models and simulations for - better software development and testing. - (3) Additional requirements.--As part of the demonstration - activities under paragraph (1), the Secretary shall-- - (A) conduct a comparative analysis that assesses - the risks and benefits of the digital management and - analytics capability used in each of the programs - participating in the demonstration activities relative - to the Department's traditional data collection, - reporting, exposing, and analysis approaches; - (B) ensure that the intellectual property strategy - for each of the programs participating in the - demonstration activities is best aligned to meet the - goals of the program; and - (C) develop a workforce and infrastructure plan to - support any new policies and guidance implemented in - connection with the demonstration activities, including - any policies and guidance implemented after the - completion of such activities. - (c) Policies and Guidance Required.--Not later than 18 months after -the date of the enactment of this Act, based on the results of the -demonstration activities carried out under subsection (b), the -Secretary of Defense shall issue or modify policies and guidance to-- - (1) promote the use of digital management and analytics - capabilities; and - (2) address roles, responsibilities, and procedures - relating to such capabilities. - (d) Steering Committee.-- - (1) In general.--The Secretary of Defense shall establish a - steering committee to assist the Secretary in carrying out - subsections (a) through (c). - (2) Membership.--The steering committee shall be composed - of the following members or their designees: - (A) The Chief Management Officer. - (B) The Chief Information Officer. - (C) The Director of Cost Assessment and Program - Evaluation. - (D) The Under Secretary of Defense for Research and - Engineering. - (E) The Under Secretary of Defense for Acquisition - and Sustainment. - (F) The Director of Operational Test and - Evaluation. - (G) The Service Acquisition Executives. - (H) The Director for Force Structure, Resources, - and Assessment of the Joint Staff. - (I) The Director of the Defense Digital Service. - (e) Independent Assessments.-- - (1) Initial assessment.-- - (A) In general.--The Defense Innovation Board, in - consultation with the Defense Digital Service, shall - conduct an independent assessment to identify - recommended approaches for the implementation of - subsections (a) through (c). - (B) Elements.--The assessment under subparagraph - (A) shall include the following: - (i) A plan for the development and - implementation of the capability required under - subsection (a), including a plan for any - procurement that may be required as part of - such development and implementation. - (ii) An independent cost assessment of the - total estimated cost of developing and - implementing the capability. - (iii) An independent estimate of the - schedule for the development and implementation - of the capability, including a reasonable - estimate of the dates on which the capability - can be expected to achieve initial operational - capability and full operational capability, - respectively. - (iv) A recommendation identifying the - office or other organization of the Department - of Defense that would be most appropriate to - manage and execute the capability. - (C) Report.--Not later than 180 days after the date - of the enactment of this Act, the Defense Innovation - Board, in consultation with the Defense Digital - Service, shall submit to the Secretary of Defense and - the congressional defense committees a report on the - findings of the assessment under subparagraph (A), - including the findings of the assessment with respect - to each element specified in subparagraph (B). - (2) Final assessment.-- - (A) In general.--Not later than March 15, 2022, the - Defense Innovation Board and the Defense Science Board - shall jointly complete an independent assessment of the - progress of the Secretary in implementing subsections - (a) through (c). The Secretary of Defense shall ensure - that the Defense Innovation Board and the Defense - Science Board have access to the resources, data, and - information necessary to complete the assessment. - (B) Information to congress.--Not later than 30 - days after the date on which the assessment under - subparagraph (A) is completed, the Defense Innovation - Board and the Defense Science Board shall jointly - provide to the congressional defense committees-- - (i) a report summarizing the assessment; - and - (ii) a briefing on the findings of the - assessment. - (f) Report and Briefing.-- - (1) Report on implementation.--Not later than 90 days after - the date on which the report described in subsection (e)(1)(C) - is submitted to the congressional defense committees, the - Secretary of Defense shall submit to the congressional defense - committees a report on the progress of the Secretary in - implementing subsections (a) through (c). The report shall - include an explanation of how the results of the demonstration - activities carried out under subsection (b) will be - incorporated into the policy and guidance required under - subsection (c), particularly the policy and guidance of the - members of the steering committee established under subsection - (d). - (2) Briefing on legislative recommendations.--Not later - than October 15, 2021, the Secretary of Defense shall provide - to the Committee on Armed Services of the House of - Representatives a briefing that identifies any changes to - existing law that may be necessary to facilitate the - implementation of subsections (a) through (c). - -SEC. 221. SOCIAL SCIENCE, MANAGEMENT SCIENCE, AND INFORMATION SCIENCE - RESEARCH ACTIVITIES. - + (c) Extension of Pilot Program to Improve Incentives for Technology +Transfer From Department of Defense Laboratories.--Subsection (e) of +section 233 of the National Defense Authorization Act for Fiscal Year +2018 (Public Law 115-91; 10 U.S.C. 2514 note) is amended to read as +follows: + ``(e) Sunset.--The pilot program under this section shall terminate +on September 30, 2025.''. + SEC. 217. DESIGNATION OF SENIOR OFFICIALS FOR CRITICAL TECHNOLOGY + AREAS SUPPORTIVE OF THE NATIONAL DEFENSE STRATEGY. + (a) Designation of Senior Officials.--The Under Secretary of +Defense for Research and Engineering shall-- + (1) identify technology areas that the Under Secretary + considers critical for the support of the National Defense + Strategy; and + (2) for each such technology area, designate a senior official + of the Department of Defense to coordinate research and engineering + activities in that area. + (b) Duties.--The duties of each senior official designated under +subsection (a) shall include, with respect to the technology area +overseen by such official-- + (1) developing and continuously updating research and + technology development roadmaps, funding strategies, and technology + transition strategies to ensure-- + (A) the effective and efficient development of new + capabilities in the area; and + (B) the operational use of appropriate technologies; + (2) conducting annual assessments of workforce, infrastructure, + and industrial base capabilities and capacity to support-- + (A) the roadmaps developed under paragraph (1); and + (B) the goals of the National Defense Strategy; + (3) reviewing the relevant research and engineering budgets of + appropriate organizations within the Department of Defense, + including the Armed Forces, and advising the Under Secretary on-- + (A) the consistency of the budgets with the roadmaps + developed under paragraph (1); + (B) any technical and programmatic risks to the achievement + of the research and technology development goals of the + National Defense Strategy; + (C) programs, projects, and activities that demonstrate-- + (i) unwanted or inefficient duplication, including + duplication with activities of other government agencies + and the commercial sector; + (ii) lack of appropriate coordination with other + organizations; or + (iii) inappropriate alignment with organizational + missions and capabilities; + (4) coordinating the research and engineering activities of the + Department with appropriate international, interagency, and private + sector organizations; and + (5) tasking appropriate intelligence agencies of the Department + to develop a direct comparison between the capabilities of the + United States in the technology area concerned and the capabilities + of adversaries of the United States in that area. + (c) Annual Reports.-- + (1) In general.--Not later than December 1, 2021, and not later + than December 1 of each year thereafter through December 1, 2025, + the Under Secretary shall submit to the congressional defense + committees a report on research and engineering activities and on + the status of the technology areas identified under subsection + (a)(1), including a description of any programs, projects, or + activities in such areas, that have, in the year preceding the date + of the report-- + (A) achieved significant technical progress; + (B) transitioned from the research and development phase to + formal acquisition programs; + (C) transitioned from the research and development phase + into operational use; or + (D) been transferred from the Department of Defense to + private sector organizations for further commercial development + or commercial sales. + (2) Form.--Each report under paragraph (1) shall submitted in + unclassified form that can be made available to the public, but may + include a classified annex. + (d) Coordination of Research and Engineering Activities.--The +Service Acquisition Executive for each military department and the +Director of the Defense Advanced Research Projects Agency shall each +identify senior officials to ensure coordination of appropriate +research and engineering activities with each of the senior officials +designated under subsection (a). + (e) Conforming Amendments.--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 the second sentence and + inserting ``The Office shall carry out the program and activities + described in subsections (b) and (c) and shall have such other + responsibilities relating to hypersonics as the Secretary shall + specify''; + (2) by striking subsections (b), (e) and (f); + (3) by redesignating subsections (c) and (d) as subsections (b) + and (c), respectively; + (4) in subsection (b)(1), as so redesignated, by striking + ``provide the Office with'' and all that follows through the period + at the end and inserting ``provide the Office with foundational and + applied hypersonic research, development, and workforce support in + areas that the Office determines to be relevant for the Department + of Defense.''; + (5) in subsection (c), as so redesignated-- + (A) in the matter preceding paragraph (1), by striking ``In + carrying out the program required by subsection (b), the + Office'' and inserting ``The Office''; + (B) by amending paragraph (1) to read as follows: + ``(1) Expedite testing, evaluation, and acquisition of + hypersonic technologies to meet the stated needs of the warfighter, + including flight testing, ground-based-testing, and underwater + launch testing.''; + (C) by striking paragraphs (2) and (3); + (D) by redesignating paragraphs (4), (5), (6), and (7) as + paragraphs (2), (3), (4), and (6), respectively; + (E) by amending paragraph (2), as so redesignated, to read + as follows: + ``(2) Ensure prototyping demonstration programs on hypersonic + systems integrate advanced technologies to speed the maturation and + deployment of future hypersonic systems.''; + (F) by amending paragraph (3), as so redesignated, to read + as follows: + ``(3) Ensure that any demonstration program on hypersonic + systems is carried out only if determined to be consistent with the + roadmap for the relevant critical technology area supportive of the + National Defense Strategy, as developed by the senior official with + responsibility for such area under section 217 of the William M. + (Mac) Thornberry National Defense Authorization Act for Fiscal Year + 2021.''; + (G) by amending paragraph (4), as so redesignated, to read + as follows: + ``(4) Develop strategies and roadmaps for hypersonic + technologies to enable the transition of such technologies to + future operational capabilities for the warfighter.''; + (H) by inserting after paragraph (4), as so redesignated, + the following: + ``(5) Develop and implement a strategy for enhancing the + current and future hypersonics workforce.''; and + (I) by amending paragraph (6), as so redesignated, to read + as follows: + ``(6) Coordinate with relevant stakeholders and agencies to + support the technological advantage of the United States in + developing hypersonic systems.''. + SEC. 218. EXECUTIVE AGENT FOR AUTONOMY. + (a) In General.--Not later than February 1, 2022, the Secretary of +the Navy shall designate an existing program executive officer from +within the Department of the Navy to serve as the acquisition executive +agent for autonomy who shall be the official within the Department with +primary responsibility for the acquisition of autonomous technology. +The officer designated as acquisition executive agent for autonomy +shall carry out the responsibilities of such position in addition to +the responsibilities otherwise assigned to such officer as a program +executive officer. + (b) Program Executive Officer Defined.--In this section, the term +``program executive officer'' has the meaning given that term in +section 1737(a)(4) of title 10, United States Code. + SEC. 219. NATIONAL SECURITY INNOVATION PARTNERSHIPS. + (a) Establishment.--The Secretary of Defense shall establish an +activity-- + (1) to support partnerships between the Department of Defense + and academic institutions, private sector firms in defense and + commercial sectors, commercial accelerators and incubators, + commercial innovation hubs, public sector organizations, and + nonprofit entities with missions relating to national security + innovation; + (2) to expand the national security innovation base, including + through engagement with academia, defense industry, commercial + industry, government organizations, and the venture capital + community; + (3) to accelerate the transition of technologies and services + into acquisition programs and operational use; + (4) to work in coordination with the Under Secretary of Defense + for Personnel and Readiness, other organizations within the Office + of the Secretary, and the Armed Forces to create new pathways and + models of national security service that facilitate employment + within the Department; + (5) to facilitate engagement with entities described in + paragraph (1) for the purpose of developing solutions to national + security and defense problems articulated by entities within the + Department, including through programs such as the Hacking for + Defense program; + (6) to establish physical locations throughout the United + States to support partnerships with academic, government, and + private sector industry partners; and + (7) to enhance the capabilities of the Department in market + research, industrial and technology base awareness, source + selection, partnerships with private sector capital, and access to + commercial technologies. + (b) Authorities.--In addition to the authorities provided under +this section, in carrying out this section, the Secretary of Defense +may use the following authorities: + (1) Section 1599g of title 10, United States Code, relating to + public-private talent exchanges. + (2) Section 2368 of title 10, United States Code, relating to + Centers for Science, Technology, and Engineering Partnerships. + (3) Section 2374a of title 10, United States Code, relating to + prizes for advanced technology achievements. + (4) Section 2474 of title 10, United States Code, relating to + Centers of Industrial and Technical Excellence. + (5) Section 2521 of title 10, United States Code, relating to + the Manufacturing Technology Program. + (6) Subchapter VI of chapter 33 of title 5, United States Code, + relating to assignments to and from States. + (7) Chapter 47 of title 5, United States Code, relating to + personnel research programs and demonstration projects. + (8) Section 12 of the Stevenson-Wydler Technology Innovation + Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United + States Code, relating to cooperative research and development + agreements. + (9) Such other authorities as the Secretary considers + appropriate. + (c) Implementation.-- + (1) Support from other department of defense organizations.-- + The Secretary of Defense may direct other organizations and + elements of the Department of Defense to provide personnel, + resources, and other support to the activity established under this + section, as the Secretary determines appropriate. + (2) Implementation plan.-- + (A) In general.--Not later than one year after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a plan for + implementing the activity established under this section. + (B) Elements.--The plan required under subparagraph (A) + shall include the following: + (i) Plans that describe any support that will be + provided for the activity by other organizations and + elements of the Department of Defense under paragraph (1). + (ii) Plans for the implementation of the activity, + including plans for-- + + (I) future funding and administrative support of + the activity; + (II) integration of the activity into the + programming, planning, budgeting, and execution process + of the Department of Defense; + (III) integration of the activity with the other + programs and initiatives within the Department that + have missions relating to innovation and outreach to + the academic and the private sector ; and + (IV) performance indicators by which the activity + will be assessed and evaluated. + + (iii) A description of any additional authorities the + Secretary may require to effectively carry out the + responsibilities under this section. + SEC. 220. SOCIAL SCIENCE, MANAGEMENT SCIENCE, AND INFORMATION + SCIENCE RESEARCH ACTIVITIES. (a) Establishment.--The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program of research and development in social science, management science, and information science. - (b) Purposes.--The purposes of the program required under -subsection (a) are as follows: - (1) To ensure that the Department of Defense has access to - innovation and expertise in social science, management science, - and information science to enable the Department to improve the - effectiveness and efficiency of the Department's operational - and management activities. - (2) To coordinate all research and development within the - Department in the fields of social science, management science, - and information science. - (3) To enhance cooperation and collaboration on research - and development in the fields of social science, management - science, and information science among the Department of - Defense and appropriate private sector and international - entities that are involved in such research and development. - (4) To develop and manage a portfolio of research - initiatives in fundamental and applied social science, - management science, and information science that is stable, - consistent, and balanced across relevant disciplines. - (5) To accelerate efforts to transition and deploy - technologies and concepts derived from research and development - in the fields of social science, management science, and - information science into the Department of Defense, and to - establish policies, procedures, and standards for measuring the - success of such efforts. - (6) To collect, synthesize, and disseminate critical - information on research and development in the fields of social - science, management science, and information science. - (7) To support the missions and systems of the Department - by developing the fields of social science, management science, - and information science, including by supporting-- - (A) appropriate research and innovation in such - fields; and - (B) the development of an industrial base in such - fields, including development of the facilities, - workforce, and infrastructure that comprise such - industrial base. + (b) Purposes.--The purposes of the program under subsection (a) are +as follows: + (1) To ensure that the Department of Defense has access to + innovation and expertise in social science, management science, and + information science to enable the Department to improve the + effectiveness, efficiency, and agility of the Department's + operational and management activities. + (2) To develop and manage a portfolio of research initiatives + in fundamental and applied social science, management science, and + information science that is stable, consistent, and balanced across + relevant disciplines. + (3) To enhance cooperation and collaboration on research and + development in the fields of social science, management science, + and information science between the Department of Defense and + appropriate private sector and international entities that are + involved in research and development in such fields. + (4) To accelerate the development of a research community and + industry to support Department of Defense missions in the fields of + social science, management science, and information science, + including the development of facilities, a workforce, + infrastructure, and partnerships in support of such missions. + (5) To coordinate all research and development within the + Department of Defense in the fields of social science, management + science, and information science. + (6) To collect, synthesize, and disseminate critical + information on research and development in the fields of social + science, management science, and information science. + (7) To assess and appropriately share, with other departments + and agencies of the Federal Government and appropriate entities in + the private sector-- + (A) challenges within the Department of Defense that may be + addressed through the application of advances in social + science, management science, and information science; and + (B) datasets related to such challenges. + (8) To support the identification of organizational and + institutional barriers to the implementation of management and + organizational enhancements and best practices. + (9) To accelerate efforts-- + (A) to transition, and deploy within the Department of + Defense, technologies and concepts derived from research and + development in the fields of social science, management + science, and information science; and + (B) to establish policies, procedures, and standards for + measuring the success of such efforts. + (10) To integrate knowledge from cross-disciplinary research + on-- + (A) how factors relating to social science, management + science, and information science affect the global security + environment; and + (B) best practices for management in the public and private + sectors. + (11) To apply principles, tools, and methods from social + science, management science, and information science-- + (A) to ensure the Department of Defense is more agile, + efficient, and effective in organizational management and in + deterring and countering current and emerging threats; and + (B) to support the National Defense Strategy. (c) Administration.--The Under Secretary of Defense for Research and Engineering shall supervise the planning, management, and coordination of the program under subsection (a). @@ -4651,1848 +5187,1681 @@ coordination of the program under subsection (a). Engineering, in consultation with the Under Secretary of Defense for Policy, the Secretaries of the military departments, and the heads of relevant Defense Agencies, shall-- - (1) prescribe a set of long-term challenges and a set of - specific technical goals for the program, including-- - (A) optimization of analysis of national security - data sets; - (B) development of defense-related management - innovation activities; - (C) improving the operational use of social - science, management science, and information science - innovations by military commanders and civilian - leaders; - (D) improving understanding of the fundamental - social, cultural, and behavioral forces that shape the - strategic interests of the United States; and - (E) developing a Department of Defense workforce - capable of developing and leveraging innovations and - best practices in the fields of social science, - management science, and information science to support - defense missions; - (2) develop a coordinated and integrated research and - investment plan for meeting near-term, mid-term, and long-term - national security, defense-related, and Department management - challenges that-- - (A) includes definitive milestones; - (B) provides for achieving specific technical - goals; and - (C) builds upon the investments of the Department, - other departments and agencies of the Federal - Government, and the commercial sector in the fields of - social science, management science, and information - science; - (3) develop plans for-- - (A) the development of the Department's workforce - in social science, management science, and information - science; and - (B) enhancing awareness of social science, - management science, and information science within the - Department; and - (4) develop memoranda of agreement, joint funding - agreements, and such other cooperative arrangements as the - Under Secretary determines necessary for carrying out the - program under subsection (a). + (1) prescribe a set of long-term challenges and a set of + specific technical goals for the program, including-- + (A) optimization of analysis of national security data + sets; + (B) development of innovative defense-related management + activities; + (C) improving the operational use of social science, + management science, and information science innovations by + military commanders and civilian leaders; + (D) improving understanding of the fundamental social, + cultural, and behavioral forces that shape the strategic + interests of the United States; and + (E) developing a Department of Defense workforce capable of + developing and leveraging innovations and best practices in the + fields of social science, management science, and information + science to support defense missions; + (2) develop a coordinated and integrated research and + investment plan for meeting near-term, mid-term, and long-term + national security, defense-related, and Departmental management + challenges that-- + (A) includes definitive milestones; + (B) provides for achieving specific technical goals; + (C) establishes pathways to address the operational and + management missions of the Department through-- + (i) the evaluation of innovations and advances in + social science, management science, and information science + for potential implementation within the Department; and + (ii) implementation of such innovations and advances + within the Department, as appropriate; and + (C) builds upon the investments of the Department, other + departments and agencies of the Federal Government, and the + commercial sector in the fields of social science, management + science, and information science; + (3) develop plans for-- + (A) the development of the Department's workforce in social + science, management science, and information science; and + (B) improving awareness of-- + (i) the fields of social science, management science, + and information science; + (ii) advances and innovations in such fields; and + (iii) and the ability of such advances and innovations + to enhance the efficiency and effectiveness of the + Department; and + (4) develop memoranda of agreement, joint funding agreements, + and such other cooperative arrangements as the Under Secretary + determines necessary-- + (A) to carry out the program under subsection (a); and + (B) to transition appropriate products, services, and + innovations relating social science, management science, and + information science into use within the Department. (e) Guidance Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Under Secretary of Defense for - Research and Engineering shall develop and issue guidance for - defense-related social science, management science, and - information science activities, including-- - (A) classification and data management plans for - such activities; - (B) policies for control of personnel participating - in such activities to minimize the effects of the loss - of intellectual property in social science, management - science, and information science considered sensitive - to the Federal Government; and - (C) ensuring transition of social science, - management science, and information science research - findings into Department strategic documents. - (2) Updates.--Under Secretary of Defense for Research and - Engineering shall regularly update the guidance issued under - paragraph (4). - (f) Research Centers.-- - (1) In general.--The Secretary of each military department - may establish or designate an entity or activity under the - jurisdiction of such Secretary, which may include a Department - of Defense Laboratory, to serve as a research center in the + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Under Secretary of Defense for Research + and Engineering shall develop and issue guidance for defense- + related social science, management science, and information science + activities, including-- + (A) classification and data management plans for such + activities; + (B) policies for control of personnel participating in such + activities to protect national security interests; and + (C) ensuring that research findings and innovations in the fields of social science, management science, and information - science. Each such research center shall engage with - appropriate public sector and private sector organizations, - including academic institutions, to enhance and accelerate the - research, development, and deployment of social science, - management science, and information science within the - Department. - (2) Minimum number.--The Secretary of Defense shall ensure - that not less than one research center is established or - designated under paragraph (1) by not later than 180 days after - the date of the enactment of this Act. - (g) Report.-- - (1) In general.--Not later than December 31, 2022, the - Secretary shall submit to the congressional defense committees - a report on the program. - (2) Form of report.--The report required under paragraph - (1) may be submitted in unclassified or classified form. - -SEC. 222. MEASURING AND INCENTIVIZING PROGRAMMING PROFICIENCY. - - (a) In General.--Not later than 2 years after the date of the -enactment of this Act, the Secretary of Defense shall carry out the -following activities: - (1) Leverage existing civilian software development and - software architecture certification programs to implement - coding language proficiency and artificial intelligence - competency tests within the Department of Defense that-- - (A) measure an individual's competency in using - machine learning tools, in a manner similar to the way - the Defense Language Proficiency Test measures - competency in foreign language skills; - (B) enable the identification of members of the - Armed Forces and civilian employees of the Department - of Defense who have varying levels of quantified coding - comprehension and skills and a propensity to learn new - programming paradigms, algorithms, and data analytics; - and - (C) include hands-on coding demonstrations and - challenges. - (2) Update existing record keeping systems to track - artificial intelligence and programming certification testing - results in a manner that is comparable to the system used for - tracking and documenting foreign language competency, and use - that record keeping system to ensure that workforce coding and - artificial intelligence comprehension and skills are taken into - consideration when making assignments. - (3) Implement a system of rewards, including appropriate - incentive pay and retention incentives, for members of the - Armed Forces and civilian employees of the Department of - Defense who perform successfully on specific language coding - proficiency and artificial intelligence competency tests and - make their skills available to the Department. - (b) Information Sharing With Other Federal Agencies.--The Secretary -of Defense shall share information on the activities carried out under -subsection (a) with the Secretary of Homeland Security, the Attorney -General, the Director of National Intelligence, and the heads of such -other organizations of the intelligence community as the Secretary -determines appropriate, for purposes of-- - (1) making information about the coding language - proficiency and artificial intelligence competency tests - developed under such subsection available to other Federal - national security agencies; and - (2) encouraging the heads of such agencies to implement - tracking and reward systems that are comparable to those - implemented by the Department of Defense pursuant to such - subsection. - -SEC. 223. INFORMATION TECHNOLOGY MODERNIZATION AND SECURITY EFFORTS. - - (a) Modernization Effort.-- - (1) Definitions.--In this subsection-- - (A) the term ``Assistant Secretary'' means the - Assistant Secretary of Commerce for Communications and - Information; - (B) the term ``covered agency''-- - (i) means any Federal entity that the - Assistant Secretary determines is appropriate; - and - (ii) includes the Department of Defense; - (C) the term ``Federal entity'' has the meaning - given the term in section 113(l) of the National - Telecommunications and Information Administration - Organization Act (47 U.S.C. 923(l)); - (D) the term ``Federal spectrum'' means frequencies - assigned on a primary basis to a covered agency; - (E) the term ``infrastructure'' means information - technology systems and information technologies, tools, - and databases; and - (F) the term ``NTIA'' means the National - Telecommunications and Information Administration. - (2) Initial interagency spectrum information technology - coordination.--Not later than 90 days after the date of - enactment of this Act, the Assistant Secretary, in consultation - with the Policy and Plans Steering Group, shall identify a - process to establish goals, including parameters to measure the - achievement of those goals, for the modernization of the - infrastructure of covered agencies relating to managing the use - of Federal spectrum by those agencies, which shall include-- - (A) the standardization of data inputs, modeling - algorithms, modeling and simulation processes, analysis - tools with respect to Federal spectrum, assumptions, - and any other tool to ensure interoperability and - functionality with respect to that infrastructure; - (B) other potential innovative technological - capabilities with respect to that infrastructure, - including cloud-based databases, artificial - intelligence technologies, automation, and improved - modeling and simulation capabilities; - (C) ways to improve the management of covered - agencies' use of Federal spectrum through that - infrastructure, including by-- - (i) increasing the efficiency of that - infrastructure; - (ii) addressing validation of usage with - respect to that infrastructure; - (iii) increasing the accuracy of that - infrastructure; - (iv) validating models used by that - infrastructure; and - (v) monitoring and enforcing requirements - that are imposed on covered agencies with - respect to the use of Federal spectrum by - covered agencies; - (D) ways to improve the ability of covered agencies - to meet mission requirements in congested environments - with respect to Federal spectrum, including as part of - automated adjustments to operations based on changing - conditions in those environments; - (E) the creation of a time-based automated - mechanism-- - (i) to share Federal spectrum between - covered agencies to collaboratively and - dynamically increase access to Federal spectrum - by those agencies; and - (ii) that could be scaled across Federal - spectrum; and - (F) the collaboration between covered agencies - necessary to ensure the interoperability of Federal - spectrum. - (3) Spectrum information technology modernization.-- - (A) In general.--Not later than 240 days after the - date of enactment of this Act, the Assistant Secretary - shall submit to Congress a report that contains the - plan of the NTIA to modernize and automate the - infrastructure of the NTIA relating to managing the use - of Federal spectrum by covered agencies so as to more - efficiently manage that use. - (B) Contents.--The report required under - subparagraph (A) shall include-- - (i) an assessment of the current, as of the - date on which the report is submitted, - infrastructure of the NTIA described in that - paragraph; - (ii) an acquisition strategy for the - modernized infrastructure of the NTIA described - in that paragraph, including how that - modernized infrastructure will enable covered - agencies to be more efficient and effective in - the use of Federal spectrum; - (iii) a timeline for the implementation of - the modernization efforts described in that - paragraph; - (iv) plans detailing how the modernized - infrastructure of the NTIA described in that - paragraph will-- - (I) enhance the security and - reliability of that infrastructure so - that such infrastructure satisfies the - requirements of the Federal Information - Security Management Act of 2002 (Public - Law 107-296; 116 Stat. 2135); - (II) improve data models and - analysis tools to increase the - efficiency of the spectrum use - described in that paragraph; - (III) enhance automation and - workflows, and reduce the scope and - level of manual effort, in order to-- - (aa) administer the - management of the spectrum use - described in that paragraph; - and - (bb) improve data quality - and processing time; and - (IV) improve the timeliness of - spectrum analyses and requests for - information, including requests - submitted pursuant to section 552 of - title 5, United States Code; - (v) an operations and maintenance plan with - respect to the modernized infrastructure of the - NTIA described in that paragraph; - (vi) a strategy for coordination between - the covered agencies within the Policy and - Plans Steering Group, which shall include-- - (I) a description of-- - (aa) those coordination - efforts, as in effect on the - date on which the report is - submitted; and - (bb) a plan for - coordination of those efforts - after the date on which the - report is submitted, including - with respect to the efforts - described in paragraph (4); - (II) a plan for standardizing-- - (aa) electromagnetic - spectrum analysis tools; - (bb) modeling and - simulation processes and - technologies; and - (cc) databases to provide - technical interference - assessments that are usable - across the Federal Government - as part of a common spectrum - management infrastructure for - covered agencies; - (III) a plan for each covered - agency to implement a modernization - plan described in paragraph (4)(A) that - is tailored to the particular timeline - of the agency; - (vii) identification of manually intensive - processes involved in managing Federal spectrum - and proposed enhancements to those processes; - (viii) metrics to evaluate the success of - the modernization efforts described in that - paragraph and any similar future efforts; and - (ix) an estimate of the cost of the - modernization efforts described in that - paragraph and any future maintenance with - respect to the modernized infrastructure of the - NTIA described in that paragraph, including the - cost of any personnel and equipment relating to - that maintenance. - (4) Interagency inputs.-- - (A) In general.--Not later than 1 year after the - date of enactment of this Act, the head of each covered - agency shall submit to the Assistant Secretary and the - Policy and Plans Steering Group a report that describes - the plan of the agency to modernize the infrastructure - of the agency with respect to the use of Federal - spectrum by the agency so that such modernized - infrastructure of the agency is interoperable with the - modernized infrastructure of the NTIA, as described in - paragraph (3). - (B) Contents.--Each report submitted by the head of - a covered agency under subparagraph (A) shall-- - (i) include-- - (I) an assessment of the current, - as of the date on which the report is - submitted, management capabilities of - the agency with respect to the use of - frequencies that are assigned to the - agency, which shall include a - description of any challenges faced by - the agency with respect to that - management; - (II) a timeline for completion of - the modernization efforts described in - that paragraph; and - (III) a description of potential - innovative technological capabilities - for the management of frequencies that - are assigned to the agency, as - determined under paragraph (2); - (IV) identification of agency- - specific requirements or constraints - relating to the infrastructure of the - agency; - (V) identification of any existing, - as of the date on which the report is - submitted, systems of the agency that - are duplicative of the modernized - infrastructure of the NTIA, as proposed - under paragraph (3); and - (VI) with respect to the report - submitted by the Secretary of Defense-- - (aa) a strategy for the - integration of systems or the - flow of data among the Armed - Forces, the military - departments, the Defense - Agencies and Department of - Defense Field Activities, and - other components of the - Department of Defense; - (bb) a plan for the - implementation of solutions to - the use of Federal spectrum by - the Department of Defense - involving information at - multiple levels of - classification; and - (cc) a strategy for - addressing, within the - modernized infrastructure of - the Department of Defense - described in that paragraph, - the exchange of information - between the Department of - Defense and the NTIA in order - to accomplish required - processing of all Department of - Defense domestic spectrum - coordination and management - activities; and - (ii) be submitted in an unclassified - format, with a classified annex, as - appropriate. - (C) Notification of congress.--Upon submission of - the report required under subparagraph (A), the head of - each covered agency shall notify Congress that the head - of the covered agency has submitted the report. - (5) GAO oversight.--The Comptroller General of the United - States shall-- - (A) not later than 90 days after the date of - enactment of this Act, conduct a review of the - infrastructure of covered agencies, as that - infrastructure exists on the date of enactment of this - Act; - (B) after all of the reports required under - paragraph (4) have been submitted, conduct oversight of - the implementation of the modernization plans submitted - by the NTIA and covered agencies under paragraphs (3) - and (4), respectively; - (C) not later than 1 year after the date on which - the Comptroller General begins conducting oversight - under subparagraph (B), and annually thereafter, submit - a report regarding that oversight to-- - (i) with respect to the implementation of - the modernization plan of the Department of - Defense, the Committee on Armed Services of the - Senate and the Committee on Armed Services of - the House of Representatives; and - (ii) with respect to the implementation of - the modernization plans of all covered - agencies, including the Department of Defense, - the Committee on Commerce, Science, and - Transportation of the Senate and the Committee - on Energy and Commerce of the House of - Representatives; and - (D) provide regular briefings to-- - (i) with respect to the application of this - section to the Department of Defense, the - Committee on Armed Services of the Senate and - the Committee on Armed Services of the House of - Representatives; and - (ii) with respect to the application of - this section to all covered agencies, including - the Department of Defense, the Committee on - Commerce, Science, and Transportation of the - Senate and the Committee on Energy and Commerce - of the House of Representatives. - (b) Telecommunications Security Program.-- - (1) Program required.--The Secretary of Defense shall carry - out a program to identify and mitigate vulnerabilities in the - telecommunications infrastructure of the Department of Defense. - (2) Elements.--In carrying out the program under paragraph - (1), the Secretary shall-- - (A) develop a capability to communicate clearly and - authoritatively about threats by foreign adversaries; - (B) conduct independent red-team security analysis - of Department of Defense systems, subsystems, devices, - and components including no-knowledge testing and - testing with limited or full knowledge of expected - functionalities; - (C) verify the integrity of personnel who are - tasked with design fabrication, integration, - configuration, storage, test, and documentation of - noncommercial 5G technology to be used by the - Department of Defense; - (D) verify the efficacy of the physical security - measures used at Department of Defense locations where - system design, fabrication, integration, configuration, - storage, test, and documentation of 5G technology - occurs; - (E) direct the Chief Information Officer of the - Department of Defense to use the Federal Risk and - Authorization Management Program (commonly known as - ``FedRAMP'') moderate or high cloud standard baselines, - supplemented with the Department's FedRAMP cloud - standard controls and control enhancements, to assess - 5G core service providers whose services will be used - by the Department of Defense through the Department's - provisional authorization process; and - (F) direct the Defense Information Systems Agency - and the United States Cyber Command to Develop a - capability for continuous, independent monitoring of - packet streams for 5G data on frequencies assigned to - the Department of Defense to validate availability, - confidentiality, and integrity of Department of Defense - communications systems. - (3) Implementation plan.--Not later than 90 days after the - date of the enactment of this Act, the Secretary of Defense - shall submit to Congress a plan for the implementation of the - program under paragraph (1). - (4) Report required.--Not later than 270 days after - submitting the plan under paragraph (3), the Secretary of - Defense shall submit to Congress a report that includes-- - (A) a comprehensive assessment of the findings and - conclusions of the program under paragraph (1); - (B) recommendations on how to mitigate - vulnerabilities in the Department of Defense - telecommunications infrastructure; and - (C) an explanation of how the Department of Defense - plans to implement such recommendations. - -SEC. 224. BOARD OF DIRECTORS FOR THE JOINT ARTIFICIAL INTELLIGENCE - CENTER. - - (a) Establishment.--The Secretary of Defense shall establish a -Board of Directors for the Joint Artificial Intelligence Center. - (b) Duties.--The duties of the Board of Directors shall be the -following: - (1) Provide strategic guidance to the Director of the Joint - Artificial Intelligence Center. - (2) Advise the Secretary on matters relating to the - development and use of artificial intelligence by the - Department of Defense. - (3) Evaluate and advise the Secretary on ethical matters - relating to the development and use of artificial intelligence - by the Department. - (4) Conduct long-term and long-range studies on matters - relating to artificial intelligence. - (5) Evaluate and provide recommendations to the Secretary - regarding the Department's development of a robust workforce - proficient in artificial intelligence. - (6) Assist the Secretary in developing strategic level - guidance on artificial intelligence-related hardware - procurement and supply-chain matters. - (7) Monitor and provide recommendations to the Secretary on - computing power, usage, storage, and other technical matters - relating to artificial intelligence. - (c) Membership.--The Board of Directors shall be composed of the -following members: - (1) The official within the Department of Defense to whom - the Director of the Joint Artificial intelligence center - directly reports. - (2) The Under Secretary of Defense for Policy. - (3) The Under Secretary of Defense for Research and - Engineering. - (4) The Under Secretary of Defense for Acquisition and - Sustainment. - (5) The Under Secretary of Defense for Intelligence and - Security. - (6) The Under Secretary of Defense for Personnel and - Readiness. - (7) Not more than five members from academic or private - sector organizations outside the Department of Defense, who - shall be appointed by the Secretary. - (d) Chairperson.--The chairperson of the Board of Directors shall -be the official described in subsection (c)(1). - (e) Meetings.--The Board of Directors shall meet not less than once -each fiscal quarter and may meet at other times at the call of the -chairperson or a majority of the Board's members. - (f) Reports.--Not later than September 30 of each year through -September 30, 2024, the Board of Directors shall submit to the -congressional defense committees a report that summarizes the -activities of the Board over the preceding year. - (g) Definitions.--In this section: - (1) The term ``artificial intelligence'' has the meaning - given that term in section 238(g) of the John S. McCain - National Defense Authorization Act for Fiscal Year 2019 (Public - Law 115-232; 10 U.S.C. 2358 note). - (2) The term ``Board of Directors'' means the Board of - Directors established under subsection (a). - (3) The term ``Joint Artificial Intelligence Center'' means - the Joint Artificial Intelligence Center of the Department of - Defense established pursuant to the memorandum of the Secretary - of Defense dated June 27, 2018, and titled ``Establishment of - the Joint Artificial Intelligence Center'', or any successor to - such Center. - (4) The term ``Secretary'' means the Secretary of Defense. - -SEC. 225. DIRECTED ENERGY WORKING GROUP. - - (a) In General.--The Secretary of Defense shall establish a working -group, to be known as the ``Directed Energy Working Group''. - (b) Responsibilities.--The working group shall-- - (1) discuss the current and planned directed energy - programs of each of the military departments; - (2) make recommendations to the Secretary of Defense about - establishing memoranda of understanding among the organizations - and elements of the Department of Defense to coordinate - directed energy activities using amounts authorized to be - appropriated for research, development, test, and evaluation; - (3) identify methods of quickly fielding directed energy - capabilities and programs; and - (4) develop a compendium on the effectiveness of directed - energy weapon systems and integrate the compendium into an - overall Joint Effectiveness Manual under the guidance from the - Joint Technical Coordination Group for Munitions Effectiveness. - (c) Head of Working Group.--The head of the working group shall be -the Assistant Director of Directed Energy of the Office of the Under -Secretary of Defense for Research and Engineering. - (d) Membership.--The members of the working group shall be -appointed by not later than 60 days after the date of the enactment of -this Act, as follows: - (1) One member from each military department, appointed by - the Secretary of the military department concerned. - (2) One member appointed by the Under Secretary of Defense - for Research and Engineering. - (3) One member appointed by the Under Secretary of Defense - for Acquisition and Sustainment. - (4) One member appointed by the Director of the Strategic - Capabilities Office of the Department of Defense. - (5) One member appointed by the Director of the Defense - Advanced Research Projects Agency. - (e) Reports to Congress.--Not later than 180 days after the date of -the enactment of this Act, and not less frequently than once every 180 -days thereafter, the working group shall submit to the congressional -defense committees a report on the progress of each directed energy -program being developed or fielded by the Department of Defense. - (f) Termination.--The working group under this section shall -terminate 4 years after the date of the enactment of this Act. - -SEC. 226. PROGRAM EXECUTIVE OFFICER FOR AUTONOMY. - - (a) In General.--Not later than February 1, 2022, the Secretary of -the Navy shall designate a program executive officer for autonomy who -shall be the official within the Department of the Navy with primary -responsibility for the development and integration of autonomous -technology into weapon systems. - (b) Program Executive Officer Defined.--In this section, the term -``program executive officer'' has the meaning given that term in -section 1737(a)(4) of title 10, United States Code. - -SEC. 227. ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED BATTLE - MANAGEMENT SYSTEM. - - (a) Independent Cost Estimate.-- - (1) In general.--The Director of Cost Assessment and - Program Evaluation shall-- - (A) review any cost estimate of the Advanced Battle - Management System prepared by the Department of the Air - Force; and - (B) conduct an independent cost estimate of the - full life-cycle cost of the Advanced Battle Management - System. - (2) Submittal to congress.--At the same time as the budget - of the President for fiscal year 2022 is submitted to Congress - pursuant to section 1105(a) of title 31, United States Code, - the Director of Cost Assessment and Program Evaluation shall - submit to the congressional defense committees a report on the - results of the review and independent cost estimate conducted - under paragraph (1). - (b) Air Force Briefing Requirement.--Section 147(g) of the John S. -McCain National Defense Authorization Act for Fiscal Year 2019 (Public -Law 115-232; 132 Stat. 1670) is amended by adding at the end the -following: ``Each briefing shall include a detailed explanation of any -on-ramp exercise of the Advanced Battle Management System conducted -during the quarter covered by the report, including an explanation of-- - ``(1) the objectives achieved by the exercise; - ``(2) the realism of the exercise, including identification - of the portions of the exercise that were scripted and - unscripted and any technical workarounds or substitutes used - for purposes of the exercise; - ``(3) the interim capabilities provided to combatant - commanders after the conclusion of the exercise (commonly known - as `leave behind' capabilities) and a plan for the sustainment - or upgrade of such capabilities; and - ``(4) the total cost of the exercise and a breakdown of the - costs with respect to technology, range and demonstration - resources, personnel, and logistics.''. - (c) Reports.--Not later than December 20, 2020, the Secretary of -the Air Force shall submit to the congressional defense committees the -following reports on the Advanced Battle Management System: - (1) Report on planned capabilities.--A report on the - planned product line capabilities of the Advanced Battle - Management System, including-- - (A) a description of the technologies needed to - implement and achieve such product line capabilities; - (B) a timeline for the technical maturation of such - product line capabilities; and - (C) a notional schedule for fielding such product - line capabilities over the period covered by the - current future-years defense program under section 221 - of title 10, United States Code. - (2) Report on acquisition authorities.--A report on the - allocation of responsibilities among the individuals and - entities responsible for acquisition for the Advanced Battle - Management System, including an explanation of how decision- - making and governance of the acquisition process is allocated - among the Chief Architect Integration Office and other entities - that are expected provide capabilities for the System. - (3) Report on alignment with common mission control - center.--A report, which may be submitted in classified or - unclassified form, that explains how, and to what extent, the - Advanced Battle Management System will be aligned and - coordinated with the Common Mission Control Center of the Air - Force. - (d) Report on Security Measures.--At the same time as the budget of -the President for fiscal year 2022 is submitted to Congress pursuant to -section 1105(a) of title 31, United States Code, the Secretary of the -Air Force shall submit to the congressional defense committees a report -that describes how the Secretary plans to ensure the security of the -Advanced Battle Management System, including a description of any -information assurance and anti-tamper requirements for the System. + science are incorporated into the activities and strategic + documents of the Department. + (2) Updates.--The Under Secretary of Defense for Research and + Engineering shall regularly update the guidance issued under + paragraph (1). + (f) Designation of Entity.--The Secretary of each military +department may establish or designate an entity or activity under the +jurisdiction of such Secretary, which may include a Department of +Defense Laboratory, an academic institution, or another appropriate +organization, to support interdisciplinary research and development +activities in the fields of social science, management science, and +information science, and engage with appropriate public and private +sector organizations, including academic institutions, to enhance and +accelerate the research, development, and deployment of social science, +management science, and information science within the Department. + (g) Use of Other Authority.--The Secretary of Defense shall use the +authority provided under section 217 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. +2358 note) to enhance the ability of the Department of Defense to +access technical talent and expertise at academic institutions in +support of the purposes of this section. + (h) Report.-- + (1) In general.--Not later than December 31, 2022, the + Secretary of Defense shall submit to the congressional defense + committees a report on the program under subsection (a). + (2) Form of report.--The report required under paragraph (1) + shall be submitted in unclassified form, but may include a + classified annex. + SEC. 221. ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED BATTLE + MANAGEMENT SYSTEM. + (a) Cost Assessments.-- + (1) Initial cost estimate.--Not later than 180 days after the + date of the enactment of this Act, the Secretary of the Air Force, + in consultation with the Director of Cost Assessment and Program + Evaluation, shall-- + (A) define key technical, programmatic, and operational + characteristics for the Advanced Battle Management System; and + (B) produce an initial cost estimate for the System that + includes-- + (i) estimated costs for each product category described + in the report submitted to Congress under section 236 the + National Defense Authorization Act for Fiscal Year 2020 + (Public Law 116-92; 133 Stat. 1281); and + (ii) a description of each cost estimating methodology + used in the preparation of the estimate. + (2) Review and report.--Not later than 120 days after the + completion of the estimate required under paragraph (1), the Air + Force Cost Analysis Agency shall-- + (A) conduct a non-advocate cost assessment of the estimate; + and + (B) submit to the congressional defense committees and the + Government Accountability Office a report on the results of the + assessment. + (b) Program Update Briefings.-- + (1) In general.--Beginning not later than January 1, 2021, and + on a quarterly basis thereafter, the Secretary of the Air Force + shall provide to the congressional defense committees a program + update briefing on the Advanced Battle Management System and all + associated technologies. + (2) Elements.--Each briefing under paragraph (1) shall + include-- + (A) a detailed explanation of any on-ramp exercise of the + Advanced Battle Management System conducted during the quarter + covered by the report, including an explanation of-- + (i) the objectives achieved by the exercise and any + data collected for the purposes of decision making; + (ii) identification of the portions of the exercise + that were scripted and unscripted and any technical + workarounds or substitutes used for purposes of the + exercise; and + (iii) the interim capabilities provided to combatant + commanders after the conclusion of the exercise (commonly + known as ``leave behind'' capabilities) and a plan for the + sustainment or upgrade of such capabilities; and + (iv) the total cost of the exercise and a breakdown of + the costs with respect to technology, range and + demonstration resources, personnel, and logistics; and + (B) such other information as the Secretary of the Air + Force determines appropriate. + (c) Report on Security and Resiliency Measures.--At the same time +as the budget of the President for fiscal year 2022 is submitted to +Congress pursuant to section 1105(a) of title 31, United States Code, +the Secretary of the Air Force shall submit to the congressional +defense committees a report that describes how the Secretary plans to +ensure the security and resiliency of the Advanced Battle Management +System, including a description of any information assurance and anti- +tamper requirements for the System. + (d) Additional Report and Briefings.--Not later than April 1, 2021, +the Secretary of the Air Force shall submit to the congressional +defense committees the following: + (1) Report on planned capabilities.--A report on the planned + product line capabilities of the Advanced Battle Management System, + including-- + (A) a description of the technologies needed to implement + and achieve such product line capabilities; + (B) a timeline for the technical maturation of such product + line capabilities; and + (C) a notional schedule for fielding such product line + capabilities over the period covered by the most recent future- + years defense program submitted under section 221 of title 10, + United States Code, as of the date of the report. + (2) Briefing on acquisition authorities.--A briefing on the + allocation of responsibilities among the individuals and entities + responsible for acquisition for the Advanced Battle Management + System, including an explanation of how decision-making and + governance of the acquisition process is allocated among the + Assistant Secretary of the Air Force for Acquisition, Technology, + and Logistics, the Chief Architect Integration Office, the Air + Force Warfighting Integration Capability, and other entities within + the Department of the Air Force that are expected provide + capabilities for the System. + (3) Briefing on alignment with common mission control center.-- + A briefing, which may be provided in classified or unclassified + form, that explains how, and to what extent, the Advanced Battle + Management System will be aligned and coordinated with the Common + Mission Control Center of the Air Force. (e) Advanced Battle Management System Defined.--In this section, the term ``Advanced Battle Management System'' has the meaning given that term in section 236(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1281). - -SEC. 228. MEASURES TO ADDRESS FOREIGN TALENT PROGRAMS. - - (a) List of Programs.--The Secretary of Defense shall develop and -maintain a list of foreign talent programs that pose a threat to the -national security interests of the United States, as determined by the -Secretary. - (b) Criteria.--In developing the list under subsection (a), the -Secretary of Defense shall consider-- - (1) the extent to which a foreign talent program-- - (A) poses a threat to research funded by the - Department of Defense; and - (B) engages in, or facilitates, cyber attacks, - theft, espionage, or otherwise interferes in the - affairs of the United States; and - (2) any other factors the Secretary determines appropriate. - (c) Information to Congress.--Not later than 90 days after the date -of the enactment of this Act, the Secretary of Defense shall submit to -the Committees on Armed Services of the Senate and the House of -Representatives a copy of the list developed under subsection (a). - (d) Publication in Federal Register.--Not later than 30 days after -making the submission required under subsection (c), the Secretary of -Defense shall publish the list developed under subsection (a) in the -Federal Register. - (e) Notice and Comment Period.--The list developed under subsection -(a), and any guidance, rules, updates, or other requirements relating -to such list, shall not take effect until such list, or any such -guidance, rules, updates, or other requirements (as the case may be) -have been-- - (1) published in the Federal Register; and - (2) open for public comment for a period of not less than - 60 days. - (f) Foreign Talent Program Defined.--In this section, the term -``foreign talent program'' has the meaning given that term for purposes -of section 1286 of the John S. McCain National Defense Authorization -Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note). - -SEC. 229. DISCLOSURE OF FOREIGN FUNDING SOURCES IN APPLICATIONS FOR - FEDERAL RESEARCH AWARDS. - + (f) Conforming Repeal.--Section 147(g) of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +115-232; 132 Stat. 1670) is repealed. + SEC. 222. ACTIVITIES TO IMPROVE FIELDING OF AIR FORCE HYPERSONIC + CAPABILITIES. + (a) Improvement of Ground-based Test Facilities.--The Secretary of +Defense shall take such actions as may be necessary to improve ground- +based test facilities used for the research, development, test, and +evaluation of hypersonic capabilities. + (b) Increasing Flight Test Rate.--The Secretary of Defense shall +increase the rate at which hypersonic capabilities are flight tested to +expedite the maturation and fielding of such capabilities. + (c) Strategy and Plan.--Not later than 60 days after the date of +the enactment of this Act, the Chief of Staff of the Air Force, in +consultation with the Under Secretary of Defense for Research and +Engineering, shall submit to the congressional defense committees a +strategy and plan for fielding air-launched and air-breathing +hypersonic weapons capabilities within the period of three years +following such date of enactment. + (d) Report.--In addition to the strategy and plan required under +subsection (c), not later than 60 days after the date of the enactment +of this Act, the Under Secretary of Defense for Research and +Engineering, in consultation with the Director of Operational Test and +Evaluation, shall submit to the congressional defense committees a +report on the testing capabilities and infrastructure used for +hypersonic weapons development. The report shall include-- + (1) an assessment of the sufficiency of the testing + capabilities and infrastructure used for fielding hypersonic + weapons; and + (2) a description of any investments in testing capabilities + and infrastructure that may be required to support in-flight and + ground-based testing for such weapons. + SEC. 223. DISCLOSURE OF FUNDING SOURCES IN APPLICATIONS FOR FEDERAL + RESEARCH AND DEVELOPMENT AWARDS. (a) Disclosure Requirement.--Each Federal research agency shall -require-- - (1) any individual applying for funds from that agency as a - principal investigator or co-principal investigator under a - grant or cooperative agreement to disclose all current and - pending support and the sources of such support at the time of - the application for funds; and - (2) any institution of higher education applying for funds - from that agency to certify that every principal investigator - or co-principal investigator who is employed by the institution - of higher education and is applying for such funds has been - made aware of the requirement under paragraph (1). +require, as part of any application for a research and development +award from such agency-- + (1) that each covered individual listed on the application-- + (A) disclose the amount, type, and source of all current + and pending research support received by, or expected to be + received by, the individual as of the time of the disclosure; + (B) certify that the disclosure is current, accurate, and + complete; and + (C) agree to update such disclosure at the request of the + agency prior to the award of support and at any subsequent time + the agency determines appropriate during the term of the award; + and + (2) that any entity applying for such award certify that each + covered individual who is employed by the entity and listed on the + application has been made aware of the requirements under paragraph + (1). (b) Consistency.--The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section -1746 of the National Defense Authorization Act for Fiscal Year 2020 +1746(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 42 U.S.C. 6601 note) shall ensure that the requirements issued by Federal research agencies under subsection (a) are consistent. (c) Enforcement.-- - (1) In general.--In the event that an individual or entity - violates the disclosure requirements under subsection (a), a - Federal research agency may take one or more of the following - actions against such individual or entity: - (A) Reject an application for a grant or - cooperative agreement because the disclosed current and - pending support violates agency terms and conditions. - (B) Reject an application for a grant or - cooperative agreement because current and pending - support have not been disclosed as required under - subsection (a). - (C) Temporarily or permanently discontinue any or - all funding from that agency for any principal - investigator or co-principal investigator who has - failed to properly disclose current and pending support - pursuant to subsection (a). - (D) Temporarily or permanently suspend or debar a - researcher, in accordance with part 180 of title 2, - Code of Federal Regulations, from receiving funding - from that agency when failure to disclose current and - pending support pursuant to subsection (a) as done - knowingly and willfully. - (E) Refer a failure to disclose under subsection - (a) to Federal law enforcement authorities to determine - whether any criminal statutes have been violated. - (2) Notice.--A Federal research agency intending to take - action under any of subparagraph (A), (B), (C), or (D) of - paragraph (1) shall notify the institution of higher education, - principal investigator and any co-principal investigators - subject to such action about the specific reason for the - action, and shall provide the institution, principal - investigator, and co-principal investigator, as applicable, - with the opportunity and a process by which to contest the - proposed action. - (3) Evidentiary standards.--A Federal research agency - seeking suspension or debarment under paragraph (1)(D) shall - abide by the procedures and evidentiary standards set forth in - part 180 of title 2, Code of Federal Regulations. + (1) Rejection for violation of law or agency terms.--A Federal + research agency may reject an application for a research and + development award if the current and pending research support + disclosed by an individual under subsection (a) violates Federal + law or agency terms and conditions. + (2) Enforcement for noncompliance.--Subject to paragraph (3), + in the event that a covered individual listed on an entity's + application for a research and development award knowingly fails to + disclose information under subsection (a), a Federal research + agency may take one or more of the following actions: + (A) Reject the application. + (B) Suspend or terminate a research and development award + made by that agency to the individual or entity. + (C) Temporarily or permanently discontinue any or all + funding from that agency for the individual or entity. + (D) Temporarily or permanently suspend or debar the + individual or entity in accordance with part 180 of title 2, + Code of Federal Regulations, any successor regulation, or any + other appropriate law or regulation, from receiving government + funding. + (E) Refer the failure to disclose under subsection (a) to + the Inspector General of the agency concerned for further + investigation or to Federal law enforcement authorities to + determine whether any criminal or civil laws were violated. + (F) Place the individual or entity in the Federal Awardee + Performance and Integrity Information System for noncompliance + to alert other agencies. + (G) Take such other actions against the individual or + entity as are authorized under applicable law or regulations. + (3) Special rule for enforcement against entities.--An + enforcement action described in paragraph (2) may be taken against + an entity only in a case in which-- + (A) the entity did not meet the requirements of subsection + (a)(2); + (B) the entity knew that a covered individual failed to + disclose information under subsection (a)(1) and the entity did + not take steps to remedy such nondisclosure before the + application was submitted; or + (C) the head of the Federal research agency concerned + determines that-- + (i) the entity is owned, controlled, or substantially + influenced by a covered individual; and + (ii) such individual knowingly failed to disclose + information under subsection (a)(1). + (4) Notice.--A Federal research agency that intends to take + action under paragraph (1) or (2) shall, as practicable and in + accordance with part 180 of title 2, Code of Federal Regulations, + any successor regulation, or any other appropriate law or + regulation, notify each individual or entity subject to such action + about the specific reason for the action, and shall provide such + individuals and entities with the opportunity to, and a process by + which, to contest the proposed action. + (5) Evidentiary standards.--A Federal research agency seeking + suspension or debarment under paragraph (2)(D) shall abide by the + procedures and evidentiary standards set forth in part 180 of title + 2, Code of Federal Regulations, any successor regulation, or any + other appropriate law or regulation. (d) Definitions.--In this section: - (1) Current and pending support.--The term ``current and - pending support'' means all resources made available to an - individual in direct support of the individual's research - efforts, regardless of whether such resources have monetary - value, and includes in-kind contributions requiring a - commitment of time and directly supporting the individual's - research efforts, such as the provision of office or laboratory - space, equipment, supplies, employees, and students. - (2) Institution of higher education.--The term - ``institution of higher education'' has the meaning given that - term in section 101 of the Higher Education Act of 1965 (20 - U.S.C. 1001). - (3) Federal research agency.--The term ``Federal research - agency'' includes the following and any organizations and - elements thereof: - (A) The Department of Agriculture. - (B) The Department of Commerce. - (C) The Department of Defense. - (D) The Department of Education. - (E) The Department of Energy. - (F) The Department of Health and Human Services. - (G) The Department of Homeland Security. - (H) The Department of Transportation. - (I) The Environmental Protection Agency. - (J) The National Aeronautics and Space - Administration. - (K) The National Science Foundation. - -SEC. 230. LIMITATIONS RELATING TO LARGE UNMANNED SURFACE VESSELS AND - ASSOCIATED OFFENSIVE WEAPON SYSTEMS. - - (a) Limitation on Availability of Funds for LUSV.-- - (1) Limitation.--None of the funds authorized to be - appropriated by this Act or otherwise made available for fiscal - year 2021 for the Department of the Navy for the procurement of - a large unmanned surface vessel may be obligated or expended - until a period of 60 days has elapsed following the date on - which the Secretary of the Navy submits to the congressional - defense committees the certification described in paragraph - (2). - (2) Certification described.--The certification described - in this paragraph is a written statement of the Secretary of - the Navy certifying, with respect to any large unmanned surface - vessel to be procured by the Secretary, the following: - (A) A hull system, a mechanical system, and an - electrical system have been developed for the vessel - and each system-- - (i) has attained a technology readiness - level of seven or greater; and - (ii) can be operated autonomously for a - minimum of 30 days. - (B) A command control system has been developed for - the vessel and the system-- - (i) can be operated autonomously; - (ii) includes autonomous detection; and - (iii) has attained a technology readiness - level of seven or greater. - (C) A detailed plan has been developed for - measuring and demonstrating the reliability of the - vessel. - (D) All payloads expected to be carried on the - vessel have attained a technology readiness level of - seven or greater. - (b) Limitation on LUSV Weapon Integration.--The Secretary of the -Navy may not integrate any offensive weapon system into a large -unmanned surface vessel until the date on which the Secretary of the -Defense certifies to the congressional defense committees that any -large unmanned surface vessel that employs offensive weapons will -comply with the law of armed conflict. Such certification shall include -a detailed explanation of how such compliance will be achieved. - -SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS PENDING REVIEW AND REPORT - ON NEXT GENERATION AIR DOMINANCE CAPABILITIES. - - (a) Limitation on Air Force Funds.--Of the funds authorized to be -appropriated by this Act or otherwise made available for fiscal year -2021 for the next generation air dominance initiative of the Air Force, -not more than 85 percent may be obligated or expended until the date on -which the Director of Cost Assessment and Program Evaluation submits -the report required under subsection (d)(1). - (b) Limitation on Navy Funds.--Of the funds authorized to be -appropriated by this Act or otherwise made available for fiscal year -2021 for the next generation air dominance initiative of the Navy, not -more than 85 percent may be obligated or expended until the date on -which the Director of Cost Assessment and Program Evaluation submits -the report required under subsection (d)(2). - (c) Reviews.-- - (1) In general.--The Director of Cost Assessment and - Program Evaluation shall conduct-- - (A) a non-advocate review of the next generation - air dominance initiative of the Air Force; and - (B) a non-advocate review of the next generation - air dominance initiative of the Navy. - (2) Elements.--Each review under paragraph (1) shall - include an assessment of-- - (A) all risks associated with cost, schedule, - development, integration, production, fielding, and - sustainment of next generation air dominance - capabilities; - (B) the technological maturity of significant - hardware and software efforts planned or carried out as - part of the development of such capabilities; and - (C) affordability goals that the Air Force and the - Navy (as the case may be) will be required to achieve - during development, production, and sustainment - activities for such capabilities that will not - jeopardize or otherwise be detrimental to other high- - priority future capabilities being developed and - procured to support and execute other primary core - competencies and missions. - (d) Reports.--The Director of Cost Assessment and Program -Evaluation shall submit to the congressional defense committees-- - (1) a report on the results of the review conducted under - subsection (c)(1)(A) with respect to the Air Force; and - (2) a report on the results of the review conducted under - subsection (c)(1)(B) with respect to the Navy. - -SEC. 232. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL - TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS. - - Section 217 of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended-- - (1) in subsection (a)(2), by inserting ``training,'' after - ``management,''; - (2) in subsection (e)-- - (A) in paragraph (28) by striking ``Infrastructure - resilience'' and inserting ``Additive manufacturing''; - (B) by redesignating paragraph (30) as paragraph - (33); and - (C) by inserting after paragraph (29) the following - new paragraphs: - ``(30) Corrosion prevention and control. - ``(31) Advanced manufacturing for metal casting. - ``(32) 3D and virtual technology training platforms.''; - (3) by redesignating subsections (f) and (g) as subsection - (g) and (h), respectively; - (4) by inserting after subsection (e) the following new - subsection: - ``(f) Requirement To Establish Consortia.-- - ``(1) In general.--In carrying out subsection (a)(1)-- - ``(A) the Secretary of Defense shall seek to - establish at least one multi-institution consortium - through the Office of the Secretary of Defense; - ``(B) the Secretary of the Army shall seek to - establish at least one multi-institution consortium - through the Army; - ``(C) the Secretary of the Navy shall seek to - establish at least one multi-institution consortium - through the Navy; and - ``(D) the Secretary of the Air Force shall seek to - establish at least one multi-institution consortium - through the Air Force. - ``(2) Report required.--Not later than September 30, 2022, - the Secretary of Defense shall submit to the congressional - defense committees a report on the status of the efforts to - establish consortia under paragraph (1).''; and - (5) in subsection (g), as so redesignated, by striking - ``2022'' and inserting ``2026''. - -SEC. 233. DESIGNATION OF ACADEMIC LIAISON TO PROTECT AGAINST EMERGING - THREATS. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense, acting through the -Under Secretary of Defense for Research and Engineering, shall do the + (1) The term ``covered individual'' means an individual who-- + (A) contributes in a substantive, meaningful way to the + scientific development or execution of a research and + development project proposed to be carried out with a research + and development award from a Federal research agency; and + (B) is designated as a covered individual by the Federal + research agency concerned. + (2) The term ``current and pending research support''-- + (A) means all resources made available, or expected to be + made available, to an individual in support of the individual's + research and development efforts, regardless of-- + (i) whether the source of the resource is foreign or + domestic; + (ii) whether the resource is made available through the + entity applying for a research and development award or + directly to the individual; or + (iii) whether the resource has monetary value; and + (B) includes in-kind contributions requiring a commitment + of time and directly supporting the individual's research and + development efforts, such as the provision of office or + laboratory space, equipment, supplies, employees, or students. + (3) The term ``entity'' means an entity that has applied for or + received a research and development award from a Federal research + agency. + (4) The term ``Federal research agency'' means any Federal + agency with an annual extramural research expenditure of over + $100,000,000. + (5) The term ``research and development award'' means support + provided to an individual or entity by a Federal research agency to + carry out research and development activities, which may include + support in the form of a grant, contract, cooperative agreement, or + other such transaction. The term does not include a grant, + contract, agreement or other transaction for the procurement of + goods or services to meet the administrative needs of a Federal + research agency. + SEC. 224. GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE + DEPARTMENT OF DEFENSE. + (a) Transition of 5G Wireless Networking to Operational Use.-- + (1) Transition plan required.--The Under Secretary of Defense + for Research and Engineering, in consultation with the cross + functional team established under subsection (c), shall develop a + plan to transition fifth-generation (commonly known as ``5G'') + wireless technology to operational use within the Department of + Defense. + (2) Elements.--The transition plan under paragraph (1) shall + include the following: + (A) A timeline for the transition of responsibility for 5G + wireless networking to the Chief Information Officer, as + required under subsection (b)(1). + (B) A description of the roles and responsibilities of the + organizations and elements of the Department of Defense with + respect to the acquisition, sustainment, and operation of 5G + wireless networking for the Department, as determined by the + Secretary of Defense in accordance with subsection (d). + (3) Interim briefing.--Not later than March 31, 2021 the + Secretary of Defense shall provide to the congressional defense + committees a briefing on the status of the plan required under + paragraph (1). + (4) Final report.--Not later than September 30, 2021, the + Secretary of Defense shall submit to the congressional defense + committees a report that includes the plan developed under + paragraph (1). + (b) Senior Official for 5G Wireless Networking.-- + (1) Designation of chief information officer.--Not later than + October 1, 2023, the Secretary of Defense shall designate the Chief + Information Officer as the senior official within Department of + Defense with primary responsibility for-- + (A) policy, oversight, guidance, research, and coordination + on matters relating to 5G wireless networking; and + (B) making proposals to the Secretary on governance, + management, and organizational policy for 5G wireless + networking. + (2) Role of under secretary of defense for research and + engineering.--The Under Secretary of Defense for Research and + Engineering shall carry out the responsibilities specified in + paragraph (1) until the date on which the Secretary of Defense + designates the Chief Information Officer as the senior official + responsible for 5G wireless networking under such paragraph. + (c) Cross-functional Team for 5G Wireless Networking.-- + (1) Establishment.--Using the authority provided under section + 911(c) of the National Defense Authorization Act for Fiscal Year + 2017 (Public Law 114-328; 10 U.S.C. 111 note), the Secretary of + Defense shall establish a cross-functional team for 5G wireless + networking. + (2) Duties.--The duties of the cross-functional team + established under paragraph (1) shall be-- + (A) to assist the Secretary of Defense in determining the + roles and responsibilities of the organizations and elements of + the Department of Defense with respect to the acquisition, + sustainment, and operation of 5G wireless networking, as + required under subsection (d); + (B) to assist the senior official responsible for 5G + wireless networking in carrying out the responsibilities + assigned to such official under subsection (b); + (C) to oversee the implementation of the strategy developed + under section 254 of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2223a note) for + harnessing 5G wireless networking technologies, coordinated + across all relevant elements of the Department; + (D) to advance the adoption of commercially available, + next-generation wireless communication technologies, + capabilities, security, and applications by the Department and + the defense industrial base; and + (E) to support public-private partnerships between the + Department and industry on matters relating to 5G wireless + networking; + (F) to coordinate research and development, implementation + and acquisition activities, warfighting concept development, + spectrum policy, industrial policy and commercial outreach and + partnership relating to 5G wireless networking in the + Department, and interagency and international engagement; + (G) to integrate the Department's 5G wireless networking + programs and policies with major initiatives, programs, and + policies of the Department relating to secure microelectronics + and command and control; and + (H) to oversee, coordinate, execute, and lead initiatives + to advance 5G wireless network technologies and associated + applications developed for the Department. + (3) Team leader.--The Under Secretary of Defense for Research + and Engineering shall lead the cross-functional team established + under paragraph (1) until the date on which the Secretary of + Defense designates the Chief Information Officer as the senior + official responsible for 5G wireless networking as required under + subsection (b)(1). Beginning on the date of such designation, the + Chief Information Officer shall lead the cross functional team. + (d) Determination of Organizational Roles and Responsibilities.-- +The Secretary of Defense, acting through the cross-functional team +established under subsection (c), shall determine the roles and +responsibilities of the organizations and elements of the Department of +Defense with respect to the acquisition, sustainment, and operation of +5G wireless networking for the Department, including the roles and +responsibilities of the Office of the Secretary of Defense, the +intelligence components of the Department, Defense Agencies and +Department of Defense Field Activities, the Armed Forces, combatant +commands, and the Joint Staff. + (e) Briefing.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a briefing on the progress of the +Secretary in-- + (1) establishing the cross-functional team under subsection + (c); and + (2) determining the roles and responsibilities of the + organizations and elements of the Department of Defense with + respect to 5G wireless networking as required under subsection (d). + (f) 5G Procurement Decisions.--Each Secretary of a military +department shall be responsible for decisions relating to the +procurement of 5G wireless technology for that department. + (g) Telecommunications Security Program.-- + (1) Program required.--The Secretary of Defense shall carry out + a program to identify and mitigate vulnerabilities in the 5G + telecommunications infrastructure of the Department of Defense. + (2) Elements.--In carrying out the program under paragraph (1), + the Secretary shall-- + (A) develop a capability to communicate clearly and + authoritatively about threats by foreign adversaries; + (B) conduct independent red-team security analysis of + systems, subsystems, devices, and components of the Department + of Defense including no-knowledge testing and testing with + limited or full knowledge of expected functionalities; + (C) verify the integrity of personnel who are tasked with + design fabrication, integration, configuration, storage, test, + and documentation of noncommercial 5G technology to be used by + the Department; + (D) verify the efficacy of the physical security measures + used at Department locations where system design, fabrication, + integration, configuration, storage, test, and documentation of + 5G technology occurs; + (E) direct the Chief Information Officer to assess, using + existing government evaluation models and schema where + applicable, 5G core service providers whose services will be + used by the Department through the Department's provisional + authorization process; and + (F) direct the Defense Information Systems Agency and the + United States Cyber Command to develop a capability for + continuous, independent monitoring of non-commercial, + government-transiting packet streams for 5G data on frequencies + assigned to the Department to validate the availability, + confidentiality, and integrity of the Department's + communications systems. + (3) Implementation plan.--Not later than 90 days after the date + of the enactment of this Act, the Secretary of Defense shall submit + to Congress a plan for the implementation of the program under + paragraph (1). + (4) Report.--Not later than 270 days after submitting the plan + under paragraph (3), the Secretary of Defense shall submit to + Congress a report that includes-- + (A) a comprehensive assessment of the findings and + conclusions of the program under paragraph (1); + (B) recommendations on how to mitigate vulnerabilities in + the telecommunications infrastructure of the Department of + Defense; and + (C) an explanation of how the Department plans to implement + such recommendations. + (h) Rule of Construction.-- + (1) In general.--Nothing in this section shall be construed as + providing the Chief Information Officer immediate responsibility + for the activities of the Department of Defense in fifth-generation + wireless networking experimentation and science and technology + development. + (2) Purview of experimentation and science and technology + development.--The activities described in paragraph (1) shall + remain within the purview of the Under Secretary of Defense for + Research and Engineering, but shall inform and be informed by the + activities of the cross-functional team established pursuant to + subsection (c). + SEC. 225. DEMONSTRATION PROJECT ON USE OF CERTAIN TECHNOLOGIES FOR + FIFTH-GENERATION WIRELESS NETWORKING SERVICES. + (a) Demonstration Project.--The Secretary of Defense shall carry +out a demonstration project to evaluate the maturity, performance, and +cost of covered technologies to provide additional options for +providers of fifth-generation wireless network services. + (b) Location.--The Secretary of Defense shall carry out the +demonstration project under subsection (a) in at least one location +where the Secretary plans to deploy a fifth-generation wireless +network. + (c) Coordination.--The Secretary shall carry out the demonstration +project under subsection (a) in coordination with at least one major +wireless network service provider based in the United States. + (d) Covered Technologies Defined.--In this section, the term +``covered technologies'' means-- + (1) a disaggregated or virtualized radio access network and + core in which components can be provided by different vendors and + interoperate through open protocols and interfaces, including those + protocols and interfaces utilizing the Open Radio Access Network + (commonly known as ``Open RAN'' or ``oRAN'') approach; and + (2) one or more massive multiple-input, multiple-output radio + arrays, provided by one or more companies based in the United + States, that have the potential to compete favorably with radios + produced by foreign companies in terms of cost, performance, and + efficiency. + SEC. 226. RESEARCH, DEVELOPMENT, AND DEPLOYMENT OF TECHNOLOGIES TO + SUPPORT WATER SUSTAINMENT. + (a) In General.--The Secretary of Defense shall research, develop, +and deploy advanced water harvesting technologies to support and +improve water sustainment within the Department of Defense and in +geographic regions where the Department operates. + (b) Required Activities.--In carrying out subsection (a), the +Secretary shall-- + (1) develop advanced water harvesting systems that reduce + weight and logistics support needs compared to conventional water + supply systems, including-- + (A) modular water harvesting systems that are easily + transportable; and + (B) trailer mounted water harvesting systems that reduce + resupply needs; + (2) develop and implement storage requirements for water + harvesting systems at forward operating bases; and + (3) establish cross functional teams to identify geographic + regions where the deployment of water harvesting systems could + reduce conflict and potentially eliminate the need for the presence + of the Armed Forces. + (c) Additional Activities.--In addition to the activities required +under subsection (b), the Secretary shall-- + (1) seek to leverage existing water harvesting techniques and + technologies and apply such techniques and technologies to military + operations carried out by the United States; + (2) consider using commercially available off-the-shelf items + (as defined in section 104 of title 41, United States Code) and + near-ready deployment technologies to achieve cost savings and + improve the self sufficiency of warfighters; and + (3) seek to enter into information sharing arrangements with + foreign militaries and other organizations that have the proven + ability to operate in water constrained areas for the purpose of + sharing lessons learned and best practices relating to water + harvesting. + (d) Implementation.--The Secretary shall deploy technologies +developed under subsection (b)(1) for use by expeditionary forces not +later than January 1, 2025. + (e) Water Harvesting Defined.--In this section, the term ``water +harvesting'', when used with respect to a system or technology, means a +system or technology that is capable of creating useable water by-- + (1) harvesting water from underutilized environmental sources, + such as by capturing water from ambient humidity; or + (2) recycling or otherwise reclaiming water that has previously + been used. + SEC. 227. LIMITATION ON CONTRACT AWARDS FOR CERTAIN UNMANNED + VESSELS. + (a) Limitation.--Not less than 30 days before awarding a contract +using any funds from the Research, Development, Test, and Evaluation, +Navy account for the purchase of a covered vessel, the Secretary of the +Navy shall submit to the congressional defense committees a report and +certification described in subsection (c) for such contract and covered +vessel. + (b) Covered Vessels.--For purposes of this section, a covered +vessel is one of the following: + (1) A large unmanned surface vessel (LUSV). + (2) A medium unmanned surface vehicle (MUSV). + (c) Report and Certification Described.--A report and certification +described in this subsection regarding a contract for a covered vessel +is-- + (1) a report-- + (A) submitted to the congressional defense committees not + later than 60 days after the date of the completion of an + independent technical risk assessment for such covered vessel; + (B) on the findings and recommendations of the Senior + Technical Authority for the class of naval vessels that + includes the covered vessel with respect to such assessment; + and + (C) that includes such assessment; and + (2) a certification, submitted to the congressional defense + committees with the report described in paragraph (1), that + certifies that-- + (A) the Secretary has determined, in conjunction with the + Senior Technical Authority for the class of naval vessels that + includes the covered vessel, that the critical mission, hull, + mechanical, and electrical subsystems of the covered vessel-- + (i) have been demonstrated in vessel-representative + form, fit, and function; and + (ii) have achieved performance levels equal to or + greater than applicable Department of Defense threshold + requirements for such class of vessels or have maturation + plans in place to achieve such performance levels prior to + transition to a program of record, including a detailed + description of such achieved performance or maturation + plans; and + (B) such contract is necessary to meet Department research, + development, test, and evaluation objectives for such covered + vessel that cannot otherwise be met through further land-based + subsystem prototyping or other demonstration approaches. + (d) Limitation on Weapon Integration.-- + (1) In general.--The Secretary may not integrate any offensive + weapon system into a covered vessel until the date that is 30 days + after the date on which the Secretary of the Defense certifies to + the congressional defense committees that such covered vessel-- + (A) will comply with applicable laws, including the law of + armed conflict, with a detailed explanation of how such + compliance will be achieved; and + (B) has been determined to be the most appropriate surface + vessel to meet applicable offensive military requirements. + (2) Completion of analysis of alternatives required.--A + determination under paragraph (1)(B) shall be made only after the + completion of an analysis of alternatives that-- + (A) is described in subsection (e)(1); and + (B) supports such determination. + (e) Submittal of Analysis of Alternatives to Congress.-- + (1) Analysis of alternatives required.--Not later than one year + after the date of the enactment of this Act, the Secretary shall + submit to the congressional defense committees an analysis of + alternatives regarding covered vessels with an integrated offensive + weapon system and the most appropriate surface vessels to meet + applicable offensive military requirements. + (2) Contents.--The analysis submitted under paragraph (1) shall + include, at a minimum, the following elements: + (A) Identification of capability needs applicable to such + covered vessels, including offensive strike capability and + capacity from the Mark-41 vertical launch system. + (B) Projected threats. + (C) Projected operational environments. + (D) Projected operational concepts. + (E) Projected operational requirements. + (F) Status quo (baseline) and surface vessel alternatives + able to meet the capability needs identified in subparagraph + (A), including-- + (i) modified naval vessel designs, including amphibious + ships, expeditionary fast transports, and expeditionary sea + bases; + (ii) modified commercial vessel designs, including + container ships and bulk carriers; + (iii) new naval vessel designs; and + (iv) new commercial vessel designs. + (G) Vessel design, performance, and measures of + effectiveness of the baseline and each alternative, including a + description of critical mission, hull, mechanical, and + electrical subsystems. + (H) Estimated research, development, test, and evaluation + cost of baseline and each alternative. + (I) Estimated lead vessel and average follow-on vessel + procurement costs of baseline and each alternative. + (J) Life-cycle costs of baseline and each alternative. + (K) Life-cycle cost per baseline vessel and each + alternative vessel. + (L) Life-cycle cost per specified quantity of baseline + vessels and alternative vessels. + (M) Technology readiness assessment of baseline and each + alternative. + (N) Analysis of alternatives, including relative cost and + capability performance of baseline and alternative vessels. + (O) Trade-off analysis. + (P) Sensitivity analysis. + (Q) Conclusions and recommendations, which if the Secretary + of Defense deems it appropriate, shall include the + determination required under subsection (d)(1)(B). + (f) Definitions.--In this section: + (1) The term ``critical mission, hull, mechanical, and + electrical subsystems'', with respect to a covered vessel, includes + the following subsystems: + (A) Command, control, communications, computers, + intelligence, surveillance, and reconnaissance. + (B) Autonomous vessel navigation, vessel control, contact + management, and contact avoidance. + (C) Communications security, including cryptopgraphy, + encryption, and decryption. + (D) Main engines, including the lube oil, fuel oil, and + other supporting systems. + (E) Electrical generation and distribution, including + supporting systems. + (F) Military payloads. + (G) Any other subsystem identified as critical by the + Senior Technical Authority for the class of naval vessels that + includes the covered vessel. + (2) The term ``Senior Technical Authority'' means, with respect + to a class of naval vessels, the Senior Technical Authority + designated for that class of naval vessels under section 8669b of + title 10, United States Code. + + Subtitle C--Artificial Intelligence and Emerging Technology + + SEC. 231. MODIFICATION OF BIANNUAL REPORT ON THE JOINT ARTIFICIAL + INTELLIGENCE CENTER. + Section 260(b) of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1293) is amended by adding at +the end the following new paragraphs: + ``(11) The results of an assessment, conducted biannually, on + the efforts of the Center and the Department of Defense to develop + or contribute to the development of standards for artificial + intelligence, including-- + ``(A) a description of such efforts; + ``(B) an evaluation of the need to incorporate standards + for artificial intelligence into the strategies and doctrine of + the Department and a description of any efforts undertaken to + further the development and adoption of such standards; + ``(C) an explanation of any collaboration on artificial + intelligence standards development with-- + ``(i) other organizations and elements of the + Department of Defense (including the Defense Agencies and + the military departments); + ``(ii) agencies of the Federal Government; + ``(iii) the intelligence community; + ``(iv) representatives of the defense industrial base + and other sectors of private industry; and + ``(v) any other agencies, entities, organizations, or + persons the Secretary considers appropriate; and + ``(D) an explanation of any participation by the Center and + the Department of Defense in international or other multi- + stakeholder standard-setting bodies. + ``(12) For each member of the Armed Forces who concluded a + formal assignment supporting the Center in the period of six months + preceding the date of the report, a position description of the + billet that the member transitioned into, as provided to the Center + by the Armed Force of the member within 30 days of reassignment. + ``(13) An annual update, developed in consultation with the + Armed Forces, on the status of active duty members of the Armed + Forces assigned to the Center. This update shall include the + following: + ``(A) An assessment of the effectiveness of such + assignments in strengthening the ties between the Center and + the Armed Forces for the purposes of-- + ``(i) identifying tactical and operational use cases + for artificial intelligence; + ``(ii) improving data collection relating to artificial + intelligence; and + ``(iii) establishing effective lines of communication + between the Center and the Armed Forces to identify and + address concerns from the Armed Forces relating to the + widespread adoption and dissemination of artificial + intelligence. + ``(B) A description of any efforts undertaken to create + opportunities for additional nontraditional broadening + assignments at the Center for members of the Armed Forces on + active duty. + ``(C) An analysis of the career trajectories of active duty + members of the Armed Forces assigned to the Center, including + any potential negative effects of such assignment on the career + trajectories of such members.''. + SEC. 232. MODIFICATION OF JOINT ARTIFICIAL INTELLIGENCE RESEARCH, + DEVELOPMENT, AND TRANSITION ACTIVITIES. + Section 238 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is +amended-- + (1) in subsection (a)-- + (A) in paragraph (1), by inserting ``acquire,'' before + ``develop''; and + (B) by amending paragraph (2) to read as follows: + ``(2) Emphasis.--The set of activities established under + paragraph (1) shall include-- + ``(A) acquisition and development of mature artificial + intelligence technologies in support of defense missions; + ``(B) applying artificial intelligence and machine learning + solutions to operational problems by directly delivering + artificial intelligence capabilities to the Armed Forces and + other organizations and elements of the Department of Defense; + ``(C) accelerating the development, testing, and fielding + of new artificial intelligence and artificial intelligence- + enabling capabilities; and + ``(D) coordinating and deconflicting activities involving + artificial intelligence and artificial intelligence-enabled + capabilities within the Department.''; + (2) by striking subsection (e); + (3) by redesignating subsections (c) and (d) as subsections (d) + and (e), respectively; + (4) by inserting after subsection (b) the following new + subsection: + ``(c) Organization and Roles.-- + ``(1) Assignment of roles and responsibilities.-- + ``(A) In general.--In addition to designating an official + under subsection (b), the Secretary of Defense shall assign to + appropriate officials within the Department of Defense roles + and responsibilities relating to the research, development, + prototyping, testing, procurement of, requirements for, and + operational use of artificial intelligence technologies. + ``(B) Appropriate officials.--The officials assigned roles + and responsibilities under subparagraph (A) shall include-- + ``(i) the Under Secretary of Defense for Research and + Engineering; + ``(ii) the Under Secretary of Defense for Acquisition + and Sustainment; + ``(iii) the Director of the Joint Artificial + Intelligence Center; + ``(iv) one or more officials in each military + department; + ``(v) officials of appropriate Defense Agencies; and + ``(vi) such other officials as the Secretary of Defense + determines appropriate. + ``(2) Role of director of the joint artificial intelligence + center.-- + ``(A) Direct report to deputy secretary of defense.--During + the covered period, the Director of the Joint Artificial + Intelligence Center shall report directly to the Deputy + Secretary of Defense without intervening authority. + ``(B) Continuation.--The Director of the Joint Artificial + Intelligence Center shall continue to report to the Deputy + Secretary of Defense as described in subparagraph (A) after the + expiration of the covered period if, not later than 30 days + before such period expires, the Deputy Secretary-- + ``(i) determines that the Director should continue to + report to Deputy Secretary without intervening authority; + and + ``(ii) transmits notice of such determination to the + congressional defense committees. + ``(C) Covered period defined.--In this paragraph, the term + `covered period' means the period of two years beginning on the + date of the enactment of the William M. (Mac) Thornberry + National Defense Authorization Act for Fiscal Year 2021.''; + (5) in subsection (d), as so redesignated-- + (A) in paragraph (1), in the matter preceding subparagraph + (A), by inserting ``acquire,'' before ``develop''; + (B) in the heading of paragraph (2), by striking + ``development'' and inserting ``acquisition, development''; and + (C) in paragraph (2)-- + (i) in the matter preceding subparagraph (A), by + striking ``To the degree practicable, the designated + official'' and inserting ``The official designated under + subsection (b)''; + (ii) in subparagraph (A), by striking ``development'' + and inserting ``acquisition''; + (iii) by redesignating subparagraphs (H) and (I) as + subparagraphs (J) and (K), respectively; and + (iv) by inserting after subparagraph (G), the following + new subparagraphs: + ``(H) develop standard data formats for the Department + that-- + ``(i) aid in defining the relative maturity of + datasets; and + ``(ii) inform best practices for cost and schedule + computation, data collection strategies aligned to mission + outcomes, and dataset maintenance practices; + ``(I) establish data and model usage agreements and + collaborative partnership agreements for artificial + intelligence product development with each organization and + element of the Department, including each of the Armed + Forces;''; + (6) in subsection (e), as so redesignated-- + (A) by striking ``The Secretary shall'' and inserting ``Not + later than 180 days after the date of the enactment of the + William M. (Mac) Thornberry National Defense Authorization Act + for Fiscal Year 2021, the Secretary of Defense shall issue + regulations to''; + (B) by striking ``the coordination described in subsection + (b) and the duties set forth in subsection (c)'' and inserting + ``the duties set forth in subsection (d)''; and + (C) by adding at the end the following new sentence: ``At a + minimum, such access shall ensure that the Director of the + Joint Artificial Intelligence Center has the ability to + discover, access, share, and appropriately reuse data and + models of the Armed Forces and other organizations and elements + of the Department of Defense, build and maintain artificial + intelligence capabilities for the Department, and execute the + duties assigned to the Director by the Secretary.''; and + (7) by adding at the end the following new subsection: + ``(h) Joint Artificial Intelligence Center Defined.--In this +section, term `Joint Artificial Intelligence Center' means the Joint +Artificial Intelligence Center of the Department of Defense established +pursuant to the memorandum of the Secretary of Defense dated June 27, +2018, and titled `Establishment of the Joint Artificial Intelligence +Center', or any successor to such Center.''. + SEC. 233. BOARD OF ADVISORS FOR THE JOINT ARTIFICIAL INTELLIGENCE + CENTER. + (a) Establishment.--The Secretary of Defense shall establish a +board of advisors for the Joint Artificial Intelligence Center. + (b) Duties.--The duties of the board of advisors shall include the following: - (1) Designate an official serving within the Office of the - Under Secretary of Defense for Research and Engineering to work - with the academic and research communities to protect academic - research funded by the Department of Defense from undue foreign - influences and threats. - (2) Set forth the responsibilities of the official - designated under paragraph (1), including-- - (A) serving as the liaison of the Department of - Defense with the academic and research communities; - (B) carrying out initiatives of the Department - related to the protection of academic research funded - by the Department from undue foreign influences and - threats, including the initiatives established under - section 1286 of the National Defense Authorization Act - for Fiscal Year 2019 (10 U.S.C. 2358 note); - (C) not less frequently than once a year, - conducting outreach and education activities for the - academic and research community about undue foreign - influences and threats to academic research that is - funded by the Department; - (D) coordinating and aligning the policies relating - to academic research security of-- - (i) the elements of the Department - specified in section 111(b) of title 10, United - States Code; - (ii) the intelligence community; - (iii) Federal science agencies; - (iv) the Office of Science and Technology - Policy; and - (v) Federal regulatory agencies; and - (E) working with the intelligence community to the - maximum extent practicable to share with the academic - and research communities, at least annually, - unclassified information, including counterintelligence - information, on threats from undue foreign influences. - (b) Rule of Construction.--Nothing in this section shall be -construed as authorizing the official designated under subsection -(a)(1) to classify academic research in a manner that is inconsistent -with the policies of the Department of Defense or the National Security -Decision Directive Numbered 189 of September 21, 1985, titled -``National Policy on the Transfer of Scientific, Technical and -Engineering Information'', or any successor directive. - (c) Definitions.--In this section: - (1) Federal regulatory agencies.--The term ``Federal - regulatory agencies'' means the Department of Defense, the - Department of Commerce, the Department of State, the Department - of Justice, the Department of Energy, the Department of the - Treasury, the Department of Homeland Security, and the National - Archives and Records Administration. - (2) Federal science agencies.--The term ``Federal science - agencies'' means each agency (as such term is defined in - section 551 of title 5, United States Code) that obligated or - expended not less than $100,000,000 in the previous fiscal year - for research and development. - (3) Intelligence community.--the term ``intelligence - community'' has the meaning given such term in section 3 of the - National Security Act of 1947 (50 U.S.C. 3003). - - Subtitle C--Emerging Technology and Artificial Intelligence Matters - -SEC. 241. STEERING COMMITTEE ON EMERGING TECHNOLOGY. - - (a) Establishment.--There is established in the executive branch a + (1) Provide independent strategic advice and technical + expertise to the Secretary and the Director on matters relating to + the development and use of artificial intelligence by the + Department of Defense. + (2) Evaluate and advise the Secretary and the Director on + ethical matters relating to the development and use of artificial + intelligence by the Department. + (3) Conduct long-term and long-range studies on matters + relating to artificial intelligence, as required. + (4) Evaluate and provide recommendations to the Secretary and + the Director regarding the Department's development of a robust + workforce proficient in artificial intelligence. + (5) Assist the Secretary and the Director in developing + strategic level guidance on artificial intelligence-related + hardware procurement, supply-chain matters, and other technical + matters relating to artificial intelligence. + (c) Membership.--The board of advisors shall be composed of +appropriate experts from academic or private sector organizations +outside the Department of Defense, who shall be appointed by the +Secretary. + (d) Chairperson.--The chairperson of the board of advisors shall be +selected by the Secretary. + (e) Meetings.--The board of advisors shall meet not less than once +each fiscal quarter and may meet at other times at the call of the +chairperson or a majority of its members. + (f) Reports.--Not later than September 30 of each year through +September 30, 2024, the board of advisors shall submit to the +congressional defense committees a report that summarizes the +activities of the board over the preceding year. + (g) Definitions.--In this section: + (1) The term ``artificial intelligence'' has the meaning given + that term in section 238(g) of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 + U.S.C. 2358 note). + (2) The term ``Director'' means the Director of the Joint + Artificial Intelligence Center. + (3) The term ``Joint Artificial Intelligence Center'' means the + Joint Artificial Intelligence Center of the Department of Defense + established pursuant to the memorandum of the Secretary of Defense + dated June 27, 2018, and titled ``Establishment of the Joint + Artificial Intelligence Center'', or any successor to such Center. + (4) The term ``Secretary'' means the Secretary of Defense. + SEC. 234. APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE DEFENSE + REFORM PILLAR OF THE NATIONAL DEFENSE STRATEGY. + (a) Identification of Use Cases.--The Secretary of Defense, acting +through such officers and employees of the Department of Defense as the +Secretary considers appropriate, including the chief data officers and +chief management officers of the military departments, shall identify a +set of no fewer than five use cases of the application of existing +artificial intelligence enabled systems to support improved management +of enterprise acquisition, personnel, audit, or financial management +functions, or other appropriate management functions, that are +consistent with reform efforts that support the National Defense +Strategy. + (b) Prototyping Activities Aligned to Use Cases.--The Secretary, +acting through the Under Secretary of Defense for Research and +Engineering and in coordination with the Director of the Joint +Artificial Intelligence Center and such other officers and employees as +the Secretary considers appropriate, shall pilot technology development +and prototyping activities that leverage commercially available +technologies and systems to demonstrate new artificial intelligence +enabled capabilities to support the use cases identified under +subsection (a). + (c) Briefing.--Not later than October 1, 2021, the Secretary shall +provide to the congressional defense committees a briefing summarizing +the activities carried out under this section. + SEC. 235. ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED + ARTIFICIAL INTELLIGENCE TECHNOLOGY. + (a) Assessment Required.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense, shall conduct an + assessment to determine-- + (A) whether the Department of Defense has the ability, + requisite resourcing, and sufficient expertise to ensure that + any artificial intelligence technology acquired by the + Department is ethically and responsibly developed; and + (B) how the Department can most effectively implement + ethical artificial intelligence standards in acquisition + processes and supply chains. + (2) Elements.--The assessment conducted under paragraph (1) + shall address the following: + (A) Whether there are personnel occupying relevant roles + within the Department of Defense who have sufficient expertise, + across multiple disciplines (including ethical, legal, and + technical expertise)-- + (i) to advise on the acquisition of artificial + intelligence technology; and + (ii) to ensure the acquisition of ethically and + responsibly developed artificial intelligence technology. + (B) The feasibility and advisability of retaining outside + experts as consultants to assist the Department in + strengthening capacity and filling any gaps in expertise + identified under subparagraph (A). + (C) The extent to which existing acquisition processes + encourage or require consultation with relevant experts across + multiple disciplines within the Department to ensure that + artificial intelligence technology acquired by the Department + is ethically and responsibly developed. + (D) Quantitative and qualitative standards for assessing + the extent to which experts across multiple disciplines are + engaged in the acquisition of artificial intelligence + technology by the department. + (b) Briefing Required.-- + (1) In general.--Not later than 30 days after the date on which + the Secretary of Defense completes the assessment under subsection + (a), the Secretary shall provide to the congressional defense + committees a briefing on the results of the assessment. + (2) Elements.--The briefing under paragraph (1) shall include, + based on the results of the assessment-- + (A) an explanation of whether the Department of Defense has + personnel, in the proper roles and with sufficient expertise + across multiple disciplines, to ensure the acquisition of + ethically and responsibly developed artificial intelligence + technology; + (B) an explanation of whether the Department has adequate + procedures to encourage or require the consultation of such + experts as part of the acquisition process for artificial + intelligence technology; + (C) an explanation of any procedures the Department has in + place to ensure that activities involving artificial + intelligence are consistent with the Department's ethical + artificial intelligence standards; and + (D) with respect to any deficiencies identified under + subparagraph (A), (B), or (C), a description of any measures + that have been taken, and any additional resources that may be + needed, to mitigate such deficiencies. + SEC. 236. STEERING COMMITTEE ON EMERGING TECHNOLOGY. + (a) Establishment.--The Secretary of Defense may establish a steering committee on emerging technology and national security threats (referred to in this section as the ``Steering Committee''). (b) Membership.--The Steering Committee shall be composed of the following: - (1) The Deputy Secretary of Defense. - (2) The Vice Chairman of the Joint Chiefs of Staff. - (3) The Under Secretary of Defense for Intelligence and - Security. - (4) Such other officials of the Department of Defense as - are jointly appointed to Steering Committee by the officials - specified in paragraphs (1) through (3). - (c) Co-Chairs.--The officials specified in paragraphs (1) through -(3) of subsection (b) shall serve as co-chairs of the Steering -Committee. - (d) Staff and Support Services.--Upon request of the co-chairs, the -Department of Defense shall provide to the Steering Committee, on a -reimbursable basis, such staff and administrative support services as -are necessary for the Committee to carry out its responsibilities under -this section. - (e) Responsibilities.--The Steering Committee shall be responsible + (1) The Deputy Secretary of Defense. + (2) The Vice Chairman of the Joint Chiefs of Staff. + (3) The Under Secretary of Defense for Intelligence and + Security. + (4) The Under Secretary of Defense for Research and + Engineering. + (5) The Under Secretary of Defense for Personnel and Readiness. + (6) The Under Secretary of Defense for Acquisition and + Sustainment. + (7) The Chief Information Officer. + (8) Such other officials of the Department of Defense as the + Secretary of Defense determines appropriate. + (c) Responsibilities.--The Steering Committee shall be responsible for-- - (1) developing a strategic vision for the organizational - change, concept and capability development, and technology - investments in emerging technologies that are needed to - maintain the technological edge of the military and - intelligence community of the United States; - (2) providing credible assessments of emerging threats and - identifying investments and advances in emerging technology - undertaken by adversaries of the United States; - (3) making recommendations to the Secretary of Defense on-- - (A) the implementation of the strategy developed - under to paragraph (1); and - (B) steps that may be taken to address the threats - identified under to paragraph (2); - (4) coordinating with the Joint Committee on Research - Environments of the National Science and Technology Council; - (5) ensuring emerging technologies procured and used by the - military will be tested for algorithmic bias and discriminatory - outcomes; and - (6) carrying out such other activities as are assigned to - the Steering Committee by the Secretary of Defense. - (f) Coordination With JAIC.--The co-chairs shall coordinate the -activities of the Steering Committee with the activities of the Board -of Directors of the Joint Artificial Intelligence Center established -under section 224, as appropriate. - (g) Deepfake Working Group.-- - (1) In general.--The co-chairs stall establish a working - group, in coordination with the Defense Advanced Research - Project Agency and such other departments and agencies of the - Federal Government as the co-chairs deem appropriate, to-- - (A) inform the Steering Committee's activities with - respect to the national security implications of - machine-manipulated media (commonly known as - ``deepfakes''); - (B) assess the Federal Government's capabilities - with respect to technologies to detect, or otherwise - counter and combat, machine-manipulated media and other - advanced image manipulation methods; - (C) assess the machine-manipulated media - capabilities of foreign countries and non-state actors, - with particular emphasis on the People's Republic of - China and the Russian Federation; and - (D) provide recommendations to the Steering - Committee on the matters described in subparagraphs (A) - through (C). - (2) Machine-manipulated media defined.--In this subsection, - the term ``machine-manipulated media'' has the meaning given - that term in section 5724(d) of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116-92). - (h) Emerging Technology Defined.--In this section, the term + (1) developing a strategy for the organizational change, + concept and capability development, and technology investments in + emerging technologies that are needed to maintain the technological + superiority of the United States military as outlined in the + National Defense Strategy; + (2) providing assessments of emerging threats and identifying + investments and advances in emerging technology areas undertaken by + adversaries of the United States; + (3) making recommendations to the Secretary of Defense on-- + (A) the implementation of the strategy developed under + paragraph (1); + (B) steps that may be taken to address the threats + identified under paragraph (2); + (C) any changes to a program of record that may be required + to achieve the strategy under paragraph (1); + (D) any changes to the Defense Planning Guidance required + by section 113(g)(2)(A) of title 10, United States Code, that + may be required to achieve the strategy under paragraph (1); + and + (E) whether sufficient resources are available for the + research activities, workforce, and infrastructure of the + Department of Defense to support the development of + capabilities to defeat emerging threats to the United States; + and + (4) carrying out such other activities as are assigned to the + Steering Committee by the Secretary of Defense. + (d) Emerging Technology Defined.--In this section, the term ``emerging technology'' means technology determined to be in an -emerging phase of development by the Secretary of Defense, including -quantum computing, technology for the analysis of large and diverse -sets of data (commonly known as ``big data analytics''), artificial -intelligence (including deepfake videos and related technologies), -autonomous technology, robotics, directed energy, hypersonics, -biotechnology, distributed ledger technology, and such other technology -as may be identified by the Secretary. - -SEC. 242. TRAINING FOR HUMAN RESOURCES PERSONNEL IN ARTIFICIAL - INTELLIGENCE AND RELATED TOPICS. - - (a) Department of Defense.-- - (1) Training program.--Not later than 1 year after the date - of the enactment of this Act, the Secretary of Defense shall - develop and implement a program to provide covered human - resources personnel with training in the fields of software - development, data science, and artificial intelligence, as such - fields related to the duties of such personnel. - (2) Elements.--The training provided under paragraph (1) - shall include-- - (A) a generalist's introduction to-- - (i) software development and business - processes; - (ii) data management practices related to - machine learning; - (iii) machine learning, deep learning, and - artificial intelligence; - (iv) artificial intelligence workforce - roles; and - (v) cybersecurity and secure software - development; and - (B) training in the authorities and procedures that - may be used to recruit software developers, data - scientists, and artificial intelligence professionals, - including direct hiring authorities, excepted service - authorities, the Intergovernmental Personnel Act of - 1970 (42 U.S.C. 4701 et seq.), and authorities for - hiring special government employees and highly - qualified experts. - (3) Certificate of completion.--The Secretary of Defense - shall issue a certificate of completion to each individual who - successfully completes the training provided under paragraph - (1), as determined by the Secretary. - (4) Implementation.--The Secretary of Defense shall - implement the training program under paragraph (1) as follows: - (A) In the first year in which the training program - is carried out, the Secretary shall ensure that not - less than 20 percent of covered human resource - personnel complete the program. - (B) In each year of the training program after the - first year, the Secretary shall ensure that not less - than an additional 10 percent of covered human - resources personnel complete the program until 80 - percent of such personnel have completed the program. - (C) After achieving the 80 percent completion rate - specified in subparagraph (B), the Secretary shall - ensure, in each year, that not less than 80 percent of - covered human resources personnel have completed the - training program. - (b) Covered Human Resources Personnel Defined.--In this section, -the term ``covered human resources personnel'' means members of the -Armed Forces and civilian employees of the Department of Defense, -including human resources professionals, hiring managers, and -recruiters, who are responsible for hiring software developers, data -scientists, or artificial intelligence professionals for the -Department. - -SEC. 243. UNCLASSIFIED WORKSPACES FOR PERSONNEL WITH PENDING SECURITY - CLEARANCES. - - (a) Guidance Required.--Not later than 180 days after the date of -the enactment of this Act, the Secretary of Defense shall issue -guidance to ensure, to the extent practicable, that all facilities the -Department of Defense at which covered personnel perform work functions -have unclassified workspaces. - (b) Use of Workspaces by Other Personnel.--The guidance issued -under subsection (a) shall include guidelines under which appropriately -screened individuals other than covered personnel, such as interns and -visiting experts, may use unclassified workspaces on a space-available -basis. - (c) Report Required.--Not later than 90 days after the issuance of -the guidance under subsection (a), the Secretary of Defense shall -submit to the congressional defense committees a report that includes-- - (1) a plan for implementing the guidance; - (2) a description of how existing facilities may be - modified to accommodate unclassified workspaces; and - (3) identification of any impediments to making - unclassified workspace available as described in subsection - (a). - (d) Definitions.-- - (1) In this section, the term ``unclassified workspace'' - means a workspace at which unclassified work may be performed. - (2) The term ``covered personnel'' means a member of the - Armed Forces or a civilian employee of the Department of - Defense who has applied for, but who has not yet received, a - security clearance. - -SEC. 244. PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS TO EVALUATE - APPLICANTS FOR CERTAIN TECHNICAL POSITIONS. - - (a) Pilot Program.--Beginning not later than 1 year after the date -of the enactment of this Act, the Secretary of Defense shall carry out -a pilot program under which applicants for technical positions within -the Department of Defense will be evaluated, in part, based on -electronic portfolios of the applicant's work, as described in -subsection (b). - (b) Activities.--Under the pilot program, the human resources -manager of an organization of the Department of Defense participating -in the program, in consultation with relevant subject matter experts, -shall assess each applicant for a technical position in the -organization by reviewing an electronic portfolio of the applicant's -best work, as selected by the applicant. +emerging phase of development by the Secretary, including quantum +information science and technology, data analytics, artificial +intelligence, autonomous technology, advanced materials, software, high +performance computing, robotics, directed energy, hypersonics, +biotechnology, medical technologies, and such other technology as may +be identified by the Secretary. + (e) Sunset.--This section shall terminate on October 1, 2024. + + Subtitle D--Education and Workforce Development + + SEC. 241. MEASURING AND INCENTIVIZING PROGRAMMING PROFICIENCY. + (a) In General.--Not later than two years after the date of the +enactment of this Act, the Secretary of Defense shall carry out the +following activities: + (1) Leverage existing civilian software development and + software architecture certification programs to implement coding + language proficiency and artificial intelligence competency tests + within the Department of Defense that-- + (A) measure an individual's competency in using machine + learning tools, in a manner similar to the way the Defense + Language Proficiency Test measures competency in foreign + language skills; + (B) enable the identification of members of the Armed + Forces and civilian employees of the Department of Defense who + have varying levels of quantified coding comprehension and + skills and a propensity to learn new programming paradigms, + algorithms, and data analytics; and + (C) include hands-on coding demonstrations and challenges. + (2) Update existing recordkeeping systems to track artificial + intelligence and programming certification testing results in a + manner that is comparable to the system used for tracking and + documenting foreign language competency, and use that recordkeeping + system to ensure that workforce coding and artificial intelligence + comprehension and skills are taken into consideration when making + assignments. + (3) Implement a system of rewards, including appropriate + incentive pay and retention incentives, for members of the Armed + Forces and civilian employees of the Department of Defense who + perform successfully on specific language coding proficiency and + artificial intelligence competency tests and make their skills + available to the Department. + (b) Information Sharing With Other Federal Agencies.--The Secretary +of Defense shall share information on the activities carried out under +subsection (a) with the Secretary of Homeland Security, the Attorney +General, the Director of National Intelligence, and the heads of such +other organizations of the intelligence community as the Secretary +determines appropriate, for purposes of-- + (1) making information about the coding language proficiency + and artificial intelligence competency tests developed under such + subsection available to other Federal national security agencies; + and + (2) encouraging the heads of such agencies to implement + tracking and reward systems that are comparable to those + implemented by the Department of Defense pursuant to such + subsection. + (c) Special Pay for Programming Language Proficiency Beneficial for +National Security Interests.-- + (1) In general.--Chapter 81 of title 10, United States Code, is + amended by inserting after section 1596b the following new section: +``Sec. 1596c. Programming language proficiency: special pay for + proficiency beneficial for national security interests + ``(a) Authority.--The Secretary of Defense, under the sole and +exclusive discretion of the Secretary, may pay special pay under this +section to an employee of the Department of Defense who-- + ``(1) has been certified by the Secretary to be proficient in a + computer or digital programming language identified by the + Secretary as being a language in which proficiency by civilian + personnel of the Department is necessary because of national + security interests; and + ``(2) is assigned duties requiring proficiency in that + programming language. + ``(b) Rate.--The rate of special pay for an employee under this +section shall be prescribed by the Secretary, but may not exceed 20 +percent of the employee's rate of basic pay. + ``(c) Relationship to Other Pay and Allowances.--Special pay under +this section is in addition to any other pay or allowances to which the +employee is entitled. + ``(d) Regulations.--The Secretary of Defense shall prescribe +regulations to carry out this section.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 81 of such title is amended by inserting after the item + relating to section 1596b the following new item: + +``1596c. Programming language proficiency: special pay for proficiency + beneficial for national security interests.''. + SEC. 242. MODIFICATION OF SCIENCE, MATHEMATICS, AND RESEARCH FOR + TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM. + Section 2192a of title 10, United States Code, is amended-- + (1) in subsection (c)(1)(B)(i), by inserting ``, including by + serving on active duty in the Armed Forces'' after ``Department''; + (2) in subsection (d)-- + (A) in paragraph (1), by striking ``; and'' and inserting a + semicolon; + (B) in paragraph (2), by striking the period at the end and + inserting ``; and''; and + (C) by adding at the end the following new paragraph: + ``(3) may establish arrangements so that participants may + participate in a paid internship for an appropriate period with an + industry sponsor.''; and + (3) in subsection (f)-- + (A) by inserting ``(1)'' before ``The Secretary''; and + (B) by adding at the end the following new paragraph: + ``(2) The Secretary of Defense shall seek to enter into +partnerships with minority institutions of higher education and +appropriate public and private sector organizations to diversify the +participants in the program under subsection (a).''. + SEC. 243. IMPROVEMENTS TO TECHNOLOGY AND NATIONAL SECURITY + FELLOWSHIP OF DEPARTMENT OF DEFENSE. + (a) Modification Regarding Basic Pay.--Subparagraph (A) of section +235(a)(4) of National Defense Authorization Act for Fiscal Year 2020 +(Public Law 116-92; 10 U.S.C. 1580 note prec.) is amended to read as +follows: + ``(A) shall be compensated at a rate of basic pay that is + not less than the minimum rate of basic pay payable for a + position at GS-10 of the General Schedule (subchapter III of + chapter 53 of title 5, United States Code) and not more than + the maximum rate of basic pay payable for a position at GS-15 + of such Schedule; and''. + (b) Background Checks.--Subsection (b) of such section is amended +by adding at the end the following new paragraph: + ``(3) Background check requirement.--No individual may + participate in the fellows program without first undergoing a + background check that the Secretary of Defense considers + appropriate for participation in the program.''. + SEC. 244. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO + TECHNICAL TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS. + Section 217 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking ``National Defense Authorization Act + for Fiscal Year 2020'' and inserting ``William M. (Mac) + Thornberry National Defense Authorization Act for Fiscal + Year 2021''; and + (ii) by striking ``not fewer than three'' and inserting + ``not fewer than four''; + (B) by redesignating paragraph (2) as paragraph (3); + (C) by inserting after paragraph (1) the following new + paragraph: + ``(2) Coordination.--In carrying out paragraph (1), the + Secretary of Defense may act through the Defense Advanced Research + Projects Agency or any other organization or element of the + Department of Defense the Secretary considers appropriate.''; and + (D) in paragraph (3), as so redesignated, by inserting + ``training,'' after ``management,''; + (2) in subsection (e)-- + (A) in paragraph (28) by striking ``Infrastructure + resilience'' and inserting ``Additive manufacturing''; + (B) by redesignating paragraph (30) as paragraph (31); and + (C) by inserting after paragraph (29) the following new + paragraph: + ``(30) 3D and virtual technology training platforms.''; + (3) by redesignating subsections (f) and (g) as subsection (g) + and (h), respectively; + (4) by inserting after subsection (e) the following new + subsection: + ``(f) Requirement To Establish Consortia.-- + ``(1) In general.--In carrying out subsection (a)(1)-- + ``(A) the Secretary of Defense shall seek to establish at + least one multi-institution consortium through the Office of + the Secretary of Defense; + ``(B) the Secretary of the Army shall seek to establish at + least one multi-institution consortium through the Army; + ``(C) the Secretary of the Navy shall seek to establish at + least one multi-institution consortium through the Navy; and + ``(D) the Secretary of the Air Force shall seek to + establish at least one multi-institution consortium through the + Air Force. + ``(2) Report required.--Not later than September 30, 2022, the + Secretary of Defense shall submit to the congressional defense + committees a report on the status of the efforts to establish + consortia under paragraph (1).''; and + (5) in subsection (g), as so redesignated, by striking ``2022'' + and inserting ``2026''. + SEC. 245. ENCOURAGEMENT OF CONTRACTOR SCIENCE, TECHNOLOGY, + ENGINEERING, AND MATHEMATICS (STEM) PROGRAMS. + (a) In General.--The Under Secretary of Defense for Research and +Engineering, in coordination with the Under Secretary of Defense for +Acquisition and Sustainment, shall develop programs and incentives to +ensure that Department of Defense contractors take appropriate steps +to-- + (1) enhance undergraduate, graduate, and doctoral programs in + science, technology, engineering, and mathematics (in this section + referred to as ``STEM''); + (2) make investments, such as programming and curriculum + development, in STEM programs within elementary schools and + secondary schools; + (3) encourage employees to volunteer in elementary schools and + secondary schools, including schools that the Secretary of Defense + determines serve high numbers or percentages of students from low- + income families or that serve significant populations of military + dependents, in order to enhance STEM education and programs; + (4) establish partnerships with appropriate entities, including + institutions of higher education for the purpose of training + students in technical disciplines; + (5) make personnel available to advise and assist in STEM + educational activities aligned with functions of the Department of + Defense; + (6) award scholarships and fellowships, and establish work- + based learning programs in scientific disciplines; + (7) conduct recruitment activities to enhance the diversity of + the STEM workforce; or + (8) make internships available to students of secondary + schools, undergraduate, graduate, and doctoral programs in STEM + disciplines. + (b) Award Program.--The Secretary of Defense shall establish +procedures to recognize defense industry contractors that demonstrate +excellence in supporting STEM education, partnerships, programming, and +other activities to enhance participation in STEM fields. + (c) Implementation.--Not later than 270 days after the date of the +enactment of this Act, the Under Secretary of Defense for Research and +Engineering shall submit to the congressional defense committees a +report on the steps taken to implement the requirements of this +section. + (d) Definitions.--In this section: + (1) The terms ``elementary school'' and ``secondary school'' + have the meanings given those terms in section 8101 of the + Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). + (2) The term ``institution of higher education'' has the + meaning given such term in section 101 of the Higher Education Act + of 1965 (20 U.S.C. 1001). + (e) Conforming Repeal.--Section 862 of the National Defense +Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. +note prec. 2191) is repealed. + SEC. 246. TRAINING PROGRAM FOR HUMAN RESOURCES PERSONNEL IN BEST + PRACTICES FOR TECHNICAL WORKFORCE. + (a) Pilot Training Program.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary of Defense, acting through the + Under Secretary of Defense for Personnel and Readiness and the + Under Secretary of Defense for Research and Engineering, shall + develop and implement a pilot program to provide covered human + resources personnel with training in public and private sector best + practices for attracting and retaining technical talent. + (2) Training areas.--The pilot program shall include training + in the authorities and procedures that may be used to recruit + technical personnel for positions in the Department of Defense, + including-- + (A) appropriate direct hiring authorities; + (B) excepted service authorities; + (C) personnel exchange authorities; + (D) authorities for hiring special government employees and + highly qualified experts; + (E) special pay authorities; and + (F) private sector best practices to attract and retain + technical talent. + (3) Metrics.--The Secretary of Defense shall develop metrics to + evaluate the effectiveness of the pilot program in contributing to + the ability of the Department of Defense to attract and retain + technical talent. + (4) Plan required.--The Secretary of Defense shall develop a + plan for the implementation of the pilot program. + (b) Reports.-- + (1) Report on plan.--Not later than one year after the date of + the enactment of this Act, the Secretary of Defense shall submit to + the congressional defense committees a report that sets forth the + plan required under subsection (a)(4). + (2) Report on pilot program.--Not later than three years after + the date of the enactment of this Act, the Secretary of Defense + shall submit to the congressional defense committees a report on + the results of the pilot program. + (c) Definitions.--In this section: + (1) The term ``covered human resources personnel'' means + members of the Armed Forces and civilian employees of the + Department of Defense, including human resources professionals, + hiring managers, and recruiters, who are responsible for hiring + technical talent. + (2) The term ``technical talent'' means individuals with + expertise in high priority technical disciplines. + (d) Termination.--The requirement to carry out the pilot program +under this section shall terminate five years after the date of the +enactment of this Act. + SEC. 247. PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS TO + EVALUATE CERTAIN APPLICANTS FOR TECHNICAL POSITIONS. + (a) Pilot Program.--Beginning not later than one year after the +date of the enactment of this Act, the Secretary of Defense shall carry +out a pilot program under which certain applicants for technical +positions within the Department of Defense will be evaluated, in part, +based on electronic portfolios of the applicant's work, as described in +subsection (b). + (b) Activities.--Under the pilot program, the human resources +manager of each organization of the Department of Defense participating +in the program, in consultation with relevant subject matter experts, +shall-- + (1) identify a subset of technical positions for which the + evaluation of electronic portfolios would be appropriate as part of + the hiring process; and + (2) as appropriate, assess applicants for such positions by + reviewing electronic portfolios of the applicants' best work, as + selected by the applicant concerned. (c) Scope of Program.--The Secretary of Defense shall carry out the -pilot program under subsection (a) in at least one major command of -each military department. - (d) Report.--Not later than 2 years after the commencement of the +pilot program under subsection (a) in-- + (1) the Joint Artificial Intelligence Center; + (2) the Defense Digital Service; + (3) at least one activity of each military department, as + identified by the Secretary of the department concerned; and + (4) such other organizations and elements of the Department of + Defense as the Secretary determines appropriate. + (d) Report.--Not later than two years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results -of the program. At a minimum, the report shall describe-- - (1) how the use of electronic portfolios in the hiring - process affected the timeliness of the hiring process for - technical positions in organizations of the Department of - Defense participating in the program; and - (2) the level of satisfaction of organization leaders, - hiring authorities, and subject matter experts with the quality - of applicants that were hired based on evaluations of - electronic portfolios. +of the program. At a minimum, the report shall-- + (1) describe how the use of electronic portfolios in the hiring + process affected the timeliness of the hiring process for technical + positions in organizations of the Department of Defense + participating in the program; + (2) assess the level of satisfaction of organization leaders, + hiring authorities, and subject matter experts with the quality of + applicants who were hired based on evaluations of electronic + portfolios; + (3) identify other job series that could benefit from the use + of electronic portfolios in the hiring process; + (4) recommend whether the use of electronic portfolios in the + hiring process should be expanded or made permanent; and + (5) recommend any statutory, regulatory, or policy changes + required to support the goals of the pilot program under subsection + (a). (e) Technical Position Defined.--In this section, the term ``technical position'' means a position in the Department of Defense -requiring expertise in artificial intelligence, data science, or -software development. +that-- + (1) requires expertise in artificial intelligence, data + science, or software development; and + (2) is eligible for direct hire authority under section 9905 of + title 5, United States Code, or section 2358a of title 10, United + States Code. (f) Termination.--The authority to carry out the pilot program under subsection (a) shall terminate 5 years after the date of the enactment of this Act. - -SEC. 245. SELF-DIRECTED TRAINING IN ARTIFICIAL INTELLIGENCE. - - (a) Online Artificial Intelligence Courses.--The Secretary of -Defense shall make available a list of approved online courses relating -to artificial intelligence that may be taken by civilian employees of -the Department of Defense and members of the Armed Forces on a -voluntary basis while not engaged in the performance of their duties. - (b) Documentation of Completion.--The Secretary of Defense shall + SEC. 248. PILOT PROGRAM ON SELF-DIRECTED TRAINING IN ADVANCED + TECHNOLOGIES. + (a) Online Courses.--The Secretary of Defense shall carry out a +pilot program under which the Secretary makes available a list of +approved online courses relating to advanced technologies that may be +taken by civilian employees of the Department of Defense and members of +the Armed Forces on a voluntary basis while not engaged in the +performance of their duties. + (b) Procedures.--The Secretary shall establish procedures for the +development, selection, approval, adoption, and evaluation of online +courses under subsection (a) to ensure that such courses are supportive +of the goals of this section and overall goals for the training and +education of the civilian and military workforce of the Department of +Defense. + (c) Documentation of Completion.--The Secretary of Defense shall develop and implement a system-- - (1) to confirm whether a civilian employee of the - Department of Defense or member of the Armed Forces has - completed an online course approved by the Secretary under - paragraph (1); and - (2) to document the completion of such course in the - personnel file of such employee or member. - (c) Reward System.--The Secretary of Defense shall develop and -implement a system to reward civilian employees of the Department of -Defense and members of the Armed Forces who complete an online course -approved by the Secretary under paragraph (1), which may include-- - (1) for a member of the Armed Forces, a 24-hour pass which - may be used on a stand-alone basis or in conjunction with other - leave, holiday, or weekend periods; and - (2) for a civilian employees of the Department, up to 8 - hours of additional leave. - (d) Deadline.--The Secretary of Defense shall carry out the -activities described in subparagraphs (a) through (c) not later than -180 days after the date of the enactment of this Act. - -SEC. 246. PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY PROFESSORS AND - STUDENTS IN THE DEFENSE SCIENCE AND TECHNOLOGY - ENTERPRISE. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense, jointly with the -Secretaries of the military departments, and in consultation with the -Under Secretary of Defense for Research and Engineering and the Under -Secretary of Defense for Personnel and Readiness, shall establish a -program under which qualified professors and students may be employed -on a part-time or term basis in an organization of the Defense science -and technology enterprise for the purpose of conducting a research -project. - (b) Selection.-- - (1) Selection and hiring.--The head of an organization in - the Defense science and technology enterprise at which - positions are made available under subsection (a) shall be - responsible for selecting qualified professors and students to - fill such positions. - (2) Selection criteria.--A qualified professor or student - shall be selected for participation in the program under - subsection (a) based on the following criteria: - (A) In the case of a qualified professor-- - (i) the academic credentials and research - experience of the professor; and - (ii) the extent to which the research - proposed to be carried out by the professor - will contribute to the objectives of the - Department of Defense. - (B) In the case of qualified student assisting a - professor with a research project under the program-- - (i) the academic credentials and other - qualifications of the student; and - (ii) the ability of the student to carry - out the responsibilities assigned to the - student as part of the project. - (c) Implementation.-- - (1) Minimum number of positions.--In the first year of the - program under subsection (a), the Secretary of Defense shall - establish not fewer than 10 positions for qualified professors. - Not fewer than five of such positions shall be reserved for - qualified professors to conduct research in the fields of - artificial intelligence and machine learning. - (2) Authorities.--In carrying out the program under - subsection (a), the Secretary of Defense and the heads of - organizations in the Defense science and technology enterprise - may-- - (A) use any hiring authority available to the - Secretary or the head of such an organization; - (B) enter into cooperative research and development - agreements under section 12 of the Stevenson-Wydler - Technology Innovation Act of 1980 (15 U.S.C. 3710a); - and - (C) pay referral bonuses to professors or students - participating in the program who identify-- - (i) students to assist in a research - project under the program; or - (ii) students or recent graduates to - participate in other programs in the Defense - science and technology enterprise, including - internships at Department of Defense - Laboratories and in the Pathways Program of the - Department. - (d) Reports to Congress.-- - (1) Initial report.--Not later than 30 days after the - conclusion of the first year of the program under subsection - (a), the Secretary of Defense shall submit to the congressional - defense committees a report on the status of the program. The - report shall include-- - (A) identification of the number of qualified - professors and students employed under the program; - (B) identification of the organizations in the - Defense science and technology enterprise that employed - such individuals; and - (C) a description of the types of research - conducted by such individuals. - (2) Subsequent reports.--Not later than 30 days after the - conclusion of the second and third years of the program under - subsection (a), the Secretary of Defense shall submit to the - congressional defense committees a report on the progress of - the program. Each report shall include-- - (A) the information described in subparagraphs (A) - through (C) of paragraph (1); - (B) the results of any research projects conducted - under the program; and - (C) the number of students and recent graduates - who, pursuant to a reference from a professor or - student participating in the program as described in - subsection (c)(2)(C), were hired by the Department of - Defense or selected for participation in another - program in the Defense science and technology - enterprise. - (e) Definitions.--In this section: - (1) The term ``Defense science and technology enterprise'' - means-- - (A) the research organizations of the military - departments; - (B) the science and technology reinvention - laboratories (as designated under section 1105 of the - National Defense Authorization Act for Fiscal Year 2010 - (Public Law 111-84; 10 U.S.C. 2358 note)); - (C) the facilities of the Major Range and Test - Facility Base (as defined in section 2358a(f)(3) of - title 10, United States Code); - (D) the Defense Advanced Research Projects Agency; - and - (E) such other organizations as the Secretary of - Defense determines appropriate for inclusion in the - enterprise. - (2) The term ``institution of higher education'' has the - meaning given that term in section 101 of the Higher Education - Act of 1965 (20 U.S.C. 1001). - (3) The term ``qualified professor'' means a professor of - an institution of higher education who has expertise in - science, technology, engineering, and mathematics. - (4) The term ``qualified student'' means a student of an - institution of higher education selected by a qualified - professor to assist the professor in conducting research. - -SEC. 247. MICROELECTRONICS AND NATIONAL SECURITY. - - (a) Modification of Strategy for Assured Access to Trusted -Microelectronics.--Section 231 of the National Defense Authorization -Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302 note) is -amended-- - (1) in subsection (a), by striking ``September 30, 2019'' - and inserting ``December 30, 2020''; - (2) in subsection (b), by adding at the end the following - new paragraphs: - ``(10) An approach to ensuring the continuing production of - cutting-edge microelectronics for national security needs, - including state-of-the-art node sizes, heterogeneous - integration, advantaged sensor manufacturing, boutique chip - designs, and variable volume production capabilities. - ``(11) An assessment of current microelectronics supply - chain management practices, existing risks, and actions that - may be carried out to mitigate such risks by organizations in - the defense industrial base. - ``(12) A plan for increasing commercialization of - intellectual property developed by the Department of Defense - for commercial microelectronics research and development. - ``(13) An assessment of the feasibility, usefulness, - efficacy, and cost of-- - ``(A) developing a national laboratory exclusively - focused on the research and development of - microelectronics to serve as a center for Federal - Government expertise in high-performing, trusted - microelectronics and as a hub for Federal Government - research into breakthrough microelectronics-related - technologies; and - ``(B) incorporating into such national laboratory a - commercial incubator to provide early-stage - microelectronics startups, which face difficulties - scaling due to the high costs of microelectronics - design and fabrication, with access to funding - resources, fabrication facilities, design tools, and - shared intellectual property. - ``(14) Such other matters as the Secretary of Defense - determines to be relevant.''; - (3) in subsection (d), by striking ``September 30, 2019'' - and inserting ``December 30, 2020''; and - (4) in subsection (e), by striking ``September 30, 2019'' - and inserting ``December 30, 2020''. - (b) Advisory Panel on Microelectronics Leadership and -Competitiveness.-- - (1) Establishment.--Not later than 30 days after the date - of the enactment of this Act, the President, in consultation - with the National Security Council, the National Economic - Council, and the Office of Science and Technology Policy, shall - establish an advisory panel on microelectronics leadership and - competitiveness (referred to in this subsection as the - ``Advisory Panel''). - (2) Membership.--The Advisory Panel shall be composed of - the following members: - (A) The Secretary of Defense. - (B) The Secretary of Energy. - (C) The Director of the National Science - Foundation. - (D) The Director of the National Institute of - Standards and Technology. - (E) The heads of such other departments and - agencies of the Federal Government as the President, in - consultation with the National Security Council, - determines appropriate. - (3) National strategy.-- - (A) In general.--Not later than 180 days after the - date on which the Advisory Panel is established, the - Panel shall develop a national strategy to-- - (i) accelerate the development and - deployment of state-of-the-art - microelectronics; and - (ii) ensure that the United States is a - global leader in the field of microelectronics. - (B) Elements.--The strategy developed under - subparagraph (A) shall address the following: - (i) Activities that may be carried out to - strengthen engagement and outreach between the - Department of Defense and industry, academia, - international partners of the United States, - and other departments and agencies of the - Federal Government on issues relating to - microelectronics. - (ii) Science, technology, research, and - development efforts to facilitate the - advancement and adoption of microelectronics - and new uses of microelectronics and - components, including efforts to-- - (I) accelerate leap-ahead research, - development, and innovation in - microelectronics; and - (II) deploy heterogeneously - integrated microelectronics for machine - learning and other applications. - (iii) The role of diplomacy and trade in - maintaining the position of the United States - as a global leader in the field of - microelectronics, including the feasibility and - advisability of-- - (I) implementing multilateral - export controls tailored through direct - coordination with key allies of the - United States, including through the - Wassenaar Arrangement and other - multilateral fora, for specific - semiconductor manufacturing equipment - such as extreme ultraviolet - photolithography equipment and argon - fluoride immersion photolithography - equipment; - (II) additional trade enforcement - actions that may be initiated by the - United States to address any unfair or - excessive foreign semiconductor subsidy - programs or other unfair - microelectronics trade practices; and - (III) the elimination of any trade - barriers or unilateral export controls - that harm United States companies - without producing a substantial benefit - to the competitiveness or national - security of the United States. - (iv) The potential role of a national - laboratory and incubator exclusively focused on - the research and development of - microelectronics, as described in section - 231(b)(13) of the National Defense - Authorization Act for Fiscal Year 2017 (Public - Law 114-328; 10 U.S.C. 2302 note) (as added by - subsection (a)) in carrying out the strategy - and plan required subparagraph (A). - (v) Such other activities as the Panel - determines may be appropriate to overcome - looming challenges to the innovation, - competitiveness, and supply chain integrity of - the United States in the area of - microelectonics. - (c) Briefings.--Not later than 90 days after the date of the -enactment of this Act-- - (1) the Secretary of Defense shall provide to the - congressional defense committees a briefing on the progress of - the Secretary in developing the strategy and implementation - plan required under section 231(a) of the National Defense - Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 - U.S.C. 2302 note); and - (2) the Assistant to the President for National Security - Affairs shall provide to the congressional defense committees a - briefing on the progress of the Advisory Panel in developing - the strategy required under subsection (b)(3). - (d) Advanced Manufacturing Incentives.-- - (1) In general.--The Secretary of Defense shall, in - consultation with the Secretary of Commerce, the Secretary of - Homeland Security, and the Director of National Intelligence, - work with the private sector through a public-private - partnership, including by incentivizing the formation of a - consortium of United States companies, to ensure the - development and production of advanced, measurably secure - microelectronics. Such work may include providing incentives - for the creation, expansion, or modernization of one or more - commercially competitive and sustainable semiconductors - manufacturing or advanced research and development facilities. - (2) Risk mitigation requirements.--A participant in a - consortium formed with incentives under paragraph (1) shall-- - (A) have the potential to perform fabrication, - assembly, package, or test functions for semiconductors - deemed critical to national security as defined by - export control regulatory agencies in consultation with - the National Security Adviser and the Secretary of - Defense; - (B) demonstrate management processes to identify - and mitigate supply chain security risks; and - (C) be able to produce semiconductors consistent - with applicable measurably secure supply chain and - operational security standards established under - section 224(b) of the National Defense Authorization - Act for Fiscal Year 2020 (Public Law 116-92). - (3) National security considerations.--The Secretary of - Defense and the Director of National Intelligence shall select - participants for the consortium formed with incentives under - paragraph (1). In selecting such participants, the Secretary - and the Director may jointly consider whether the United States - companies-- - (A) have participated in previous programs and - projects of the Department of Defense, Department of - Energy, or the intelligence community, including-- - (i) the Trusted Integrated Circuit program - of the Intelligence Advanced Research Projects - Activity; - (ii) trusted and assured semiconductors - projects, as administered by the Department of - Defense; - (iii) the Electronics Resurgence Initiative - (ERI) program of the Defense Advanced Research - Projects Agency; or - (iv) relevant semiconductor research - programs of Advanced Research Projects Agency- - Energy; - (B) have demonstrated an ongoing commitment to - performing contracts for the Department of Defense and - the intelligence community; - (C) are approved by the Defense Counterintelligence - and Security Agency or the Office of the Director of - National Intelligence as presenting an acceptable - security risk, taking into account supply chain - assurance vulnerabilities, counterintelligence risks, - and any risks presented by companies whose owners are - located outside the United States; and - (D) are evaluated periodically for foreign - ownership, control, or influence by foreign entities of - concern. - (4) Nontraditional defense contractors and commercial - entities.--Arrangements entered into to carry out paragraph (1) - shall be in such form as the Secretary of Defense determines - appropriate to encourage industry participation of - nontraditional defense contractors or commercial entities and - may include a contract, a grant, a cooperative agreement, a - commercial agreement, the use of other transaction authority - under section 2371 of title 10, United States Code, or another - such arrangement. - (5) Discharge.--The Secretary of Defense shall carry out - paragraph (1) jointly through the Office of the Under Secretary - of Defense for Research and Engineering and the Office of the - Under Secretary of Defense for Acquisition and Sustainment, or - such other component of the Department of Defense as the - Secretary considers appropriate. - (6) Other initiatives.--The Secretary of Defense shall - dedicate initiatives within the Department of Defense to - advance radio frequency, mixed signal, radiation tolerant, and - radiation hardened semiconductors that support national - security and dual-use applications. - (7) Reports.-- - (A) Report by secretary of defense.--Not later than - 90 days after the date of the enactment of this Act, - the Secretary of Defense shall submit to Congress a - report on the plans of the Secretary to carry out - paragraph (1). - (B) Biennial reports by comptroller general of the - united states.--Not later than 1 year after the date on - which the Secretary submits the report required by - subparagraph (A) and not less frequently than once - every 2 years thereafter for a period of 10 years, the - Comptroller General of the United States shall submit - to Congress a report on the activities carried out - under this subsection. - (e) Report Under the Defense Production Act of 1950.-- - (1) In general.--Not later than 120 days after the date of - the enactment of this Act, the President shall submit to - Congress a report on a plan for any use of authorities - available in title III of the Defense Production Act of 1950 - (50 U.S.C. 4531 et seq.) to establish or enhance a domestic - production capability for microelectronic technologies and - related technologies, subject to-- - (A) the availability of appropriations for that - purpose; and - (B) a determination made under the plan pursuant to - such title III that such technologies are essential to - the national defense. - (2) Consultation.--The President shall develop the plan - required by paragraph (1) in consultation with any relevant - head of a Federal agency, any advisory committee established - under section 708(a) of the Defense Production Act of 1950 (50 - U.S.C. 4558), and appropriate stakeholders in the private - sector. - -SEC. 248. ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED ARTIFICIAL - INTELLIGENCE TECHNOLOGY. - - (a) Assessment Required.--Not later than 180 days after the date of -the enactment of this Act, the Secretary of Defense, acting through the -Board of Directors of the Joint Artificial Intelligence Center -established under section 224, shall conduct an assessment to determine -whether the Department of Defense has the ability to ensure that any -artificial intelligence technology acquired by the Department is -ethically and responsibly developed. - (b) Elements.--The assessment conducted under subsection (a) shall -address the following: - (1) Whether the Department of Defense has personnel with - sufficient expertise, across multiple disciplines, to ensure - the acquisition of ethically and responsibly developed - artificial intelligence technology, including personnel with - sufficient ethical, legal, and technical expertise to advise on - the acquisition of such technology. - (2) The feasibility and advisability of retaining outside - experts as consultants to assist the Department in filling any - gaps in expertise identified under paragraph (1). - (3) The extent to which existing acquisition processes - encourage or require consultation with relevant experts across - multiple disciplines within the Department to ensure that - artificial intelligence technology acquired by the Department - is ethically and responsibly developed. - (4) Quantitative and qualitative standards for assessing - the extent to which experts across multiple disciplines are - engaged in the acquisition of artificial intelligence - technology by the Department. - (c) Report.-- - (1) In general.--Not later than 30 days after the date on - which the Secretary completes the assessment under subsection - (a), the Secretary shall submit to the congressional defense - committees a report on the results of the assessment. - (2) Elements.--The report under paragraph (1) shall - include, based on the results of the assessment-- - (A) an explanation of whether the Department of - Defense has personnel with sufficient expertise, across - multiple disciplines, to ensure the acquisition of - ethically and responsibly developed artificial - intelligence technology; - (B) an explanation of whether the Department has - adequate procedures to encourage or require the - consultation of such experts as part of the acquisition - process for artificial intelligence technology; and - (C) with respect to any deficiencies identified - under subparagraph (A) or subparagraph (B), a - description of any measures that have been taken, and - any additional resources that may be needed, to - mitigate such deficiencies. - -SEC. 249. ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE PROGRAMS IN THE - DEPARTMENT OF DEFENSE. - - (a) Public-Private Talent Exchange.--Section 1599g of title 10, -United States Code is amended-- - (1) in subsection (b)(1), by amending subparagraph (C) to - read as follows: - ``(C) shall contain language ensuring that such - employee of the Department does not improperly use - information that such employee knows relates to a - Department acquisition, or procurement for the benefit - or advantage of the private-sector organization.''. - (2) in subsection (f)-- - (A) in paragraph (2)-- - (i) by striking ``is deemed to be an - employee of the Department of Defense for the - purposes of'' and inserting ``is subject to''; - (ii) by striking subparagraph (D); and - (iii) by redesignating subparagraphs (E) - and (F) as subparagraphs (D) and (E), - respectively; - (B) by striking paragraph (4); - (C) by redesignating paragraph (5) as paragraph - (4); and - (D) by adding at the end the following new - paragraph: - ``(5) shall be required to file a Public Financial - Disclosure Report (OGE Form 278) and the Public Financial - Disclosure Report for a such a person and a description of any - waivers provided to such person shall be made available on a - publicly accessible website of the Department of Defense.''. - (b) Application of Exchange Authority to Artificial Intelligence.-- -Not later than 90 days after the date of the enactment of this Act, the -Secretary of Defense shall take steps to ensure that the authority for -the Department of Defense to operate a public-private talent exchange -program pursuant to section 1599g of title 10, United States Code, is -used to exchange personnel with private sector entities working on -artificial intelligence applications. Such application of the authority -of section 1599g shall be in addition to, not in lieu of, any other -application of such authority by the Department of Defense. - (c) Goals for Program Participation.--In carrying out the -requirement of subsection (b), the Secretary shall seek to achieve the -following objectives: - (1) In the Secretary of Defense Executive Fellows program, - the nomination of an additional five uniformed service members - and three government civilians by each service and by the - Office of the Secretary of Defense, for sponsorship by private - sector entities working on artificial intelligence - applications. - (2) For the public-private talent exchange program of the - Under Secretary of Defense for Acquisition and Sustainment-- - (A) an additional ten government employees to work - with private sector entities working on artificial - intelligence applications; and - (B) an additional ten employees of private sector - entities working on artificial intelligence - applications to work in the Department. - (3) The establishment of the following new public-private - talent exchange programs in the Office of the Secretary of - Defense, comparable to the program referred to in paragraph - (2)-- - (A) in the office of the Undersecretary of Defense - for Research and Engineering, a program with twenty - participants, focused on exchanges with private sector - entities working on artificial intelligence - applications. - (B) in the office of the Chief Information Officer - of the Department of Defense, a program with twenty - participants, focused on exchanges with private sector - entities working on artificial intelligence - applications. - (4) In the Army, Navy, and Marine Corps, the establishment - of new public-private exchange programs, comparable to the Air - Force Education with Industry Program, each with twenty program - participants, focused on private sector entities working on - artificial intelligence applications. - (d) Treatment of Program Participants.-- - (1) The Army, Navy, and Marine Corps shall take steps to - ensure that participation by a service member in a program - described in subsection (c)(4) is treated, for purposes of - promotion boards and subsequent assignments, as equivalent to - attending resident professional military education. - (2) The Secretary of Defense shall establish a public- - private exchange program billet office to temporarily hold - billets for civilian employees who participate in programs - described in subsection (b), to ensure that participating - Department of Defense offices are able to retain their staffing - levels during the period of participation. - (e) Briefing on Expansion of Existing Exchange Programs.--Not later -than 180 days after the date of the enactment of this Act, and annually -thereafter, the Secretary of Defense shall provide to the Committees on -Armed Services of the Senate and the House of Representatives a -briefing on the efforts undertaken to expand existing public-private -exchange programs of the Department of Defense and to ensure that such -programs seek opportunities for exchanges with private sector entities -working on artificial intelligence applications, in accordance with the -requirements of this section. - -SEC. 250. REPORTING ON CONTRIBUTION OF DEVELOPMENT OF ARTIFICIAL - INTELLIGENCE STANDARDS. - - Subsection (b) of section 260 of the National Defense Authorization -Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at -the end the following paragraph: - ``(11) A description of efforts of the Center and the - Department of Defense to develop or contribute to the - development of artificial intelligence standards, including-- - ``(A) the participation of the Center and the - Department of Defense in international and - multistakeholder standard-setting bodies; and - ``(B) collaboration between the Center and - Department of Defense and-- - ``(i) other organizations and elements of - the Department of Defense (including the - Defense Agencies and the military departments); - ``(ii) agencies of the Federal Government; - and - ``(iii) private industry (including the - defense industrial base).''. - - Subtitle D--Sustainable Chemistry Research and Development - -SEC. 251. SHORT TITLE. - - This subtitle may be cited as the ``Sustainable Chemistry Research -and Development Act of 2020''. - -SEC. 252. FINDINGS. - - Congress finds that-- - (1) Congress recognized the importance and value of - sustainable chemistry in section 114 of the American Innovation - and Competitiveness Act (Public Law 114-329); - (2) sustainable chemistry and materials transformation is a - key value contributor to business competitiveness across many - industrial and consumer sectors; - (3) companies across hundreds of supply chains critical to - the American economy are seeking to reduce costs and open new - markets through innovations in manufacturing and materials, and - are in need of new innovations in chemistry, including - sustainable chemistry; - (4) sustainable chemistry can improve the efficiency with - which natural resources are used to meet human needs for - chemical products while avoiding environmental harm, reduce or - eliminate the emissions of and exposures to hazardous - substances, minimize the use of resources, and benefit the - economy, people, and the environment; and - (5) a recent report by the Government Accountability Office - (GAO-18-307) found that the Federal Government could play an - important role in helping realize the full innovation and - market potential of sustainable chemistry technologies, - including through a coordinated national effort on sustainable - chemistry and standardized tools and definitions to support - sustainable chemistry research, development, demonstration, and - commercialization. - -SEC. 253. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY. - + (1) to confirm whether a civilian employee of the Department of + Defense or member of the Armed Forces has completed an online + course approved by the Secretary under subsection (a); and + (2) to document the completion of such course by such employee + or member. + (d) Incentives.--The Secretary of Defense shall develop and +implement incentives to encourage civilian employees of the Department +of Defense and members of the Armed Forces to complete online courses +approved by the Secretary under subsection (a). + (e) Metrics.--The Secretary of Defense shall develop metrics to +evaluate whether, and to what extent, the pilot program under this +section improves the ability of participants-- + (1) to perform job-related functions; and + (2) to execute relevant missions of the Department of Defense. + (f) Advanced Technologies Defined.--In this section, the term +``advanced technologies'' means technologies that the Secretary of +Defense determines to be in high-demand within the Department of +Defense and to which significant research and development efforts are +devoted, including technologies such as artificial intelligence, data +science, machine learning, fifth-generation telecommunications +technology, and biotechnology. + (g) Deadline.--The Secretary of Defense shall carry out the +activities described in subsections (a) through (e) not later than one +year after the date of the enactment of this Act. + (h) Sunset.--This section shall terminate on October 1, 2024. + SEC. 249. PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY FACULTY AND + STUDENTS IN THE DEFENSE SCIENCE AND TECHNOLOGY ENTERPRISE. + (a) Program Required.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense shall establish a +program under which opportunities for part-time and term employment are +made available in the Defense science and technology enterprise for +faculty and students of institutions of higher education for the +purpose of enabling such faculty and students to carry out research +projects in accordance with subsection (b). + (b) Research Projects.-- + (1) Faculty.--A faculty member who is employed in position made + available under subsection (a) shall, in the course of such + employment, carry out a research project that-- + (A) relates to a topic in the field of science, technology, + engineering, or mathematics; and + (B) contributes to the objectives of the Department of + Defense, as determined by the Secretary of Defense. + (2) Students.--A student employed in position made available + under subsection (a) shall assist a faculty member with a research + project described in paragraph (1). + (c) Selection of Participants.--The Secretary of Defense, acting +through the heads of participating organizations in the Defense science +and technology enterprise, shall select individuals for participation +in the program under subsection (a) as follows: + (1) Faculty members shall be selected for participation on the + basis of-- + (A) the academic credentials and research experience of the + faculty member; and + (B) the extent to which the research proposed to be carried + out by the faculty member will contribute to the objectives of + the Department of Defense. + (2) Students shall be selected to assist with a research + project under the program on the basis of-- + (A) the academic credentials and other qualifications of + the student; and + (B) the student's ability to fulfill the responsibilities + assigned to the student as part of the project. + (d) Minimum Number of Positions.-- + (1) In general.--During the first year of the program under + subsection (a), the Secretary of Defense shall establish not fewer + than 10 part-time or term positions for faculty. + (2) Artificial intelligence and machine learning.--Of the + positions established under paragraph (1), not fewer than five such + positions shall be reserved for faculty who will conduct research + in the area of artificial intelligence and machine learning. + (e) Authorities.--In carrying out the program under subsection (a), +the Secretary of Defense, or the head of an organization in the Defense +science and technology enterprise, as applicable, may-- + (1) use any hiring authority available to the Secretary or the + head of such organization, including-- + (A) any hiring authority available under a laboratory + demonstration program, including the hiring authority provided + under section 2358a of title 10, United States Code; + (B) direct hiring authority under section 1599h of title + 10, United States Code; and + (C) expert hiring authority under section 3109 of title 5, + United States Code; + (2) enter into cooperative research and development agreements + under section 12 of the Stevenson-Wydler Technology Innovation Act + of 1980 (15 U.S.C. 3710a) to enable the sharing of research and + expertise with institutions of higher education and the private + sector; and + (3) pay referral bonuses to faculty or students participating + in the program who identify-- + (A) students to assist in a research project under the + program; or + (B) students or recent graduates to participate in other + programs in the Defense science and technology enterprise, + including internships at Department of Defense laboratories and + in the Pathways Program of the Department. + (f) Annual Reports.-- + (1) Initial report.--Not later than 30 days after the + conclusion of the first year of the program under subsection (a), + the Secretary of Defense shall submit to the congressional defense + committees a report on the status of the program. The report shall + include-- + (A) identification of the number of faculty and students + employed under the program; + (B) identification of the organizations in the Defense + science and technology enterprise that employed such + individuals; and + (C) a description of the types of research conducted by + such individuals. + (2) Subsequent reports.--Not later than 30 days after the + conclusion of the second and third years of the program under + subsection (a), the Secretary of Defense shall submit to the + congressional defense committees a report on the progress of the + program. Each report shall include-- + (A) the information described in subparagraphs (A) through + (C) of paragraph (1); + (B) the results of any research projects conducted under + the program; and + (C) the number of students and recent graduates who, + pursuant to a reference from a faculty member or student + participating in the program as described in subsection (e)(3), + were hired by the Department of Defense or selected for + participation in another program in the Defense science and + technology enterprise. + (g) Definitions.--In this section: + (1) The term ``Defense science and technology enterprise'' + means-- + (A) the research organizations of the military departments; + (B) the science and technology reinvention laboratories (as + designated under section 1105 of the National Defense + Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 + U.S.C. 2358 note)); + (C) the facilities of the Major Range and Test Facility + Base (as defined in section 2358a(f)(3) of title 10, United + States Code); and + (D) the Defense Advanced Research Projects Agency. + (2) The term ``faculty'' means an individual who serves as a + professor, researcher, or instructor at an institution of higher + education. + (3) The term ``institution of higher education'' has the + meaning given that term in section 101 of the Higher Education Act + of 1965 (20 U.S.C. 1001). + SEC. 250. NATIONAL SECURITY WORKFORCE AND EDUCATIONAL DIVERSITY + ACTIVITIES. + (a) In General.--The Secretary of Defense shall seek to diversify +participation in the Science, Mathematics, and Research for +Transformation (SMART) Defense Education Program under section 2192a of +title 10, United States Code. + (b) Activities.--In carrying out subsection (a), the Secretary +shall-- + (1) subject to the availability of appropriations for this + purpose, set aside funds for financial assistance, scholarships, + and fellowships for students at historically Black colleges or + universities or at minority institutions of higher education and + such other institutions as the Secretary considers appropriate; + (2) partner with institutions of higher education, and such + other public and private sector organizations as the Secretary + considers appropriate, to increase diversity of participants in the + program described in subsection (a); + (3) establish individual and organizational incentives, and + such other activities as the Secretary considers appropriate, to + increase diversity of student participation in the program + described in subsection (a); + (4) increase awareness of opportunities to participate in the + program described in subsection (a); + (5) evaluate the potential for new programs, fellowships, and + other activities at historically Black colleges or universities and + minority institutions of higher education to increase diversity in + educational and workforce development programs; + (6) identify potential changes to the program described in + subsection (a) that would improve diversity of participants in such + program; and + (7) establish metrics to evaluate success of activities under + this section. + (c) Report.--Not later than September 30, 2024, the Secretary of +Defense shall submit to the congressional defense committees a report +that evaluates the success of activities conducted by the Secretary in +increasing diversity in appropriate programs of the Department of +Defense and hiring and retaining diverse individuals in the science, +mathematics, and research workforce of the public sector. + SEC. 251. COORDINATION OF SCHOLARSHIP AND EMPLOYMENT PROGRAMS OF + THE DEPARTMENT OF DEFENSE. + (a) Establishment or Designation of Organization.--The Secretary of +Defense shall establish or designate an organization within the +Department of Defense which shall have primary responsibility for +building cohesion and collaboration across the various scholarship and +employment programs of the Department. + (b) Duties.--The organization established or designated under +subsection (a) shall have the following duties: + (1) To establish an interconnected network and database across + the scholarship and employment programs of the Department. + (2) To aid in matching scholarships to individuals pursuing + courses of study in high demand skill areas. + (3) To build a network of current and former program + participants for potential engagement or employment with Department + activities. + (c) Annual Listing.--On an annual basis, the organization +established or designated under subsection (a) shall publish, on a +publicly accessible website of the Department, a listing of scholarship +and employment programs carried out by the Department. + SEC. 252. STUDY ON MECHANISMS FOR ATTRACTING AND RETAINING HIGH + QUALITY TALENT IN THE DEPARTMENT OF DEFENSE. + (a) Study Required.--The Secretary of Defense shall enter into an +agreement with an independent academic institution to conduct a study +to develop policy options and recommendations for the establishment of +a program to attract and retain covered individuals for employment in +the Department of Defense. + (b) Elements.--The study required under subsection (a) shall +include the following: + (1) An analysis of mechanisms the Department may use to engage + public and private sector organizations to assist in the + identification and recruitment of covered individuals for + employment in the Department of Defense. + (2) Identification of statutory, regulatory, and organizational + barriers to the development of the program described in subsection + (a). + (3) An analysis of monetary and nonmonetary incentives that may + be provided to retain covered individuals in positions in the + Department. + (4) An analysis of methods that may be implemented to ensure + appropriate vetting of covered individuals. + (5) An analysis of the size of a program required to advance + the competitiveness of the research, development, test, and + evaluation efforts of the Department in the critical technologies + identified in the National Defense Strategy. + (6) The type and amount of resources required to implement the + program described in subsection (a). + (c) Reports.-- + (1) Initial report.--Not later than February 1, 2021, the + Secretary shall submit to the congressional defense committees a + report on the plan of the Secretary to execute the study required + under subsection (a). + (2) Final report.--Not later than February 1, 2022, the + Secretary shall submit to the congressional defense committees a + report on the results of the study conducted under subsection (a). + (d) Covered Individual Defined.--In this section, the term +``covered individual'' means an individual who-- + (1) is engaged in work to promote and protect the national + security of the United States; + (2) is engaged in basic or applied research, funded by the + Department of Defense; and + (3) possesses scientific or technical expertise that will + advance the development of critical technologies identified in the + National Defense Strategy or the National Defense Science and + Technology Strategy, required by section 218 of the John S. McCain + National Defense Authorization Act for Fiscal Year 2019 (Public Law + 115-232; 132 Stat. 1679). + + Subtitle E--Sustainable Chemistry + + SEC. 261. NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY. (a) Establishment.--Not later than 180 days after the date of -enactment of this Act, the Director of the Office of Science and +enactment of this title, the Director of the Office of Science and Technology Policy shall convene an interagency entity (referred to in this subtitle as the ``Entity'') under the National Science and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry, including -those described in sections 255 and 256. +those described in sections 263 and 264. (b) Coordination With Existing Groups.--In convening the Entity, the Director of the Office of Science and Technology Policy shall consider overlap and possible coordination with existing committees, subcommittees, or other groups of the National Science and Technology Council, such as-- - (1) the Committee on Environment; - (2) the Committee on Technology; - (3) the Committee on Science; or - (4) related groups or subcommittees. - (c) Co-Chairs.--The Entity shall be co-chaired by the Director of + (1) the Committee on Environment; + (2) the Committee on Technology; + (3) the Committee on Science; or + (4) related groups or subcommittees. + (c) Co-chairs.--The Entity shall be co-chaired by the Director of the Office of Science and Technology Policy and a representative from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, or the @@ -6507,230 +6876,209 @@ National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other related Federal agencies, as appropriate. (e) Termination.--The Entity shall terminate on the date that is 10 -years after the date of enactment of this Act. - -SEC. 254. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY. - - (a) Strategic Plan.--Not later than 2 years after the date of -enactment of this Act, the Entity shall-- - (1) consult with relevant stakeholders, including - representatives from industry, academia, national labs, the - Federal Government, and international entities, to develop and - update, as needed, a consensus definition of ``sustainable - chemistry'' to guide the activities under this subtitle; - (2) develop a working framework of attributes - characterizing and metrics for assessing sustainable chemistry, - as described in subsection (b); - (3) assess the state of sustainable chemistry in the United - States as a key benchmark from which progress under the - activities described in this subtitle can be measured, - including assessing key sectors of the United States economy, - key technology platforms, commercial priorities, and barriers - to innovation; - (4) coordinate and support Federal research, development, - demonstration, technology transfer, commercialization, - education, and training efforts in sustainable chemistry, - including budget coordination and support for public-private - partnerships, as appropriate; - (5) identify any Federal regulatory barriers to, and - opportunities for, Federal agencies facilitating the - development of incentives for development, consideration, and - use of sustainable chemistry processes and products; - (6) identify major scientific challenges, roadblocks, or - hurdles to transformational progress in improving the - sustainability of the chemical sciences; - (7) identify other opportunities for expanding Federal - efforts in support of sustainable chemistry; and - (8) review, identify, and make efforts to eliminate - duplicative Federal funding and duplicative Federal research in - sustainable chemistry. +years after the date of the enactment of this Act. + SEC. 262. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY. + (a) Strategic Plan.--Not later than 2 years after the date of the +enactment of this subtitle, the Entity shall-- + (1) consult with relevant stakeholders, including + representatives from industry, academia, national labs, the Federal + Government, and international entities, to develop and update, as + needed, a consensus definition of ``sustainable chemistry'' to + guide the activities under this subtitle; + (2) develop a working framework of attributes characterizing, + and metrics for assessing, sustainable chemistry, as described in + subsection (b); + (3) assess the state of sustainable chemistry in the United + States as a key benchmark from which progress under the activities + described in this title can be measured, including assessing key + sectors of the United States economy, key technology platforms, + commercial priorities, and barriers to innovation; + (4) coordinate and support Federal research, development, + demonstration, technology transfer, commercialization, education, + and training efforts in sustainable chemistry, including budget + coordination and support for public-private partnerships, as + appropriate; + (5) identify any Federal regulatory barriers to, and + opportunities for, Federal agencies facilitating the development of + incentives for development, consideration, and use of sustainable + chemistry processes and products; + (6) identify major scientific challenges, roadblocks, and + hurdles to transformational progress in improving the + sustainability of the chemical sciences; and + (7) review, identify, and make effort to eliminate duplicative + Federal funding and duplicative Federal research in sustainable + chemistry. (b) Characterizing and Assessing Sustainable Chemistry.--The Entity -shall develop a working framework of attributes characterizing and -metrics for assessing sustainable chemistry for the purposes of -carrying out the Act. In developing this framework, the Entity shall-- - (1) seek advice and input from stakeholders as described in - subsection (c); - (2) consider existing definitions of, or frameworks - characterizing and metrics for assessing, sustainable chemistry - already in use at Federal agencies; - (3) consider existing definitions of, or frameworks - characterizing and metrics for assessing, sustainable chemistry - already in use by international organizations of which the - United States is a member, such as the Organisation for - Economic Co-operation and Development; and - (4) consider any other appropriate existing definitions of, - or frameworks characterizing and metrics for assessing, - sustainable chemistry. +shall develop a working framework of attributes characterizing, and +metrics for assessing, sustainable chemistry for the purposes of +carrying out this subtitle. In developing this framework, the Entity +shall-- + (1) seek advice and input from stakeholders as described in + subsection (c); + (2) consider existing definitions of, or frameworks + characterizing and metrics for assessing, sustainable chemistry + already in use at Federal agencies; + (3) consider existing definitions of, or frameworks + characterizing and metrics for assessing, sustainable chemistry + already in use by international organizations of which the United + States is a member, such as the Organisation for Economic Co- + operation and Development; and + (4) consider any other appropriate existing definitions of, or + frameworks characterizing and metrics for assessing, sustainable + chemistry. (c) Consultation.--In carrying out the duties described in subsections (a) and (b), the Entity shall consult with stakeholders qualified to provide advice and information to guide Federal activities related to sustainable chemistry through workshops, requests for information, or other mechanisms as necessary. The stakeholders shall include representatives from-- - (1) business and industry (including trade associations and - small- and medium-sized enterprises from across the value - chain); - (2) the scientific community (including the National - Academies of Sciences, Engineering, and Medicine, scientific - professional societies, national labs, and academia); - (3) the defense community; - (4) State, Tribal, and local governments, including - nonregulatory State or regional sustainable chemistry programs, - as appropriate; - (5) nongovernmental organizations; and - (6) other appropriate organizations. + (1) business and industry, including trade associations and + small- and medium-sized enterprises from across the value chain; + (2) the scientific community, including the National Academies + of Sciences, Engineering, and Medicine, scientific professional + societies, national labs, and academia; + (3) the defense community; + (4) State, tribal, and local governments, including + nonregulatory State or regional sustainable chemistry programs, as + appropriate; + (5) nongovernmental organizations; and + (6) other appropriate organizations. (d) Report to Congress.-- - (1) In general.--Not later than 2 years after the date of - enactment of this subtitle, the Entity shall submit a report to - the Committee on Environment and Public Works, the Committee on - Commerce, Science, and Transportation, and the Committee on - Appropriations of the Senate, and the Committee on Science, - Space, and Technology, the Committee on Energy and Commerce, - and the Committee on Appropriations of the House of - Representatives. In addition to the elements described in - subsections (a) and (b), the report shall include-- - (A) a summary of federally funded, sustainable - chemistry research, development, demonstration, - technology transfer, commercialization, education, and - training activities; - (B) a summary of the financial resources allocated - to sustainable chemistry initiatives by each - participating agency; - (C) an assessment of the current state of - sustainable chemistry in the United States, including - the role that Federal agencies are playing in - supporting it; - (D) an analysis of the progress made toward - achieving the goals and priorities of this subtitle, - and recommendations for future program activities; - (E) an evaluation of steps taken and future - strategies to avoid duplication of efforts, streamline - interagency coordination, facilitate information - sharing, and spread best practices among participating - agencies; and - (F) an evaluation of duplicative Federal funding - and duplicative Federal research in sustainable - chemistry, efforts undertaken by the Entity to - eliminate duplicative funding and research, and - recommendations on how to achieve these goals. - (2) Submission to gao.--The Entity shall also submit the - report described in paragraph (1) to the Comptroller General of - the United States for consideration in future Congressional - inquiries. - (3) Additional reports.--The Entity shall submit a report - to Congress and the Comptroller General of the United States - that incorporates the information described in subparagraphs - (a), (b), (d), (e), and (f) every 3 years, commencing after the - initial report is submitted until the Entity terminates. - -SEC. 255. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEMISTRY. - + (1) In general.--Not later than 2 years after the date of the + enactment of this Act, the Entity shall submit a report to the + Committee on Environment and Public Works, the Committee on + Commerce, Science, and Transportation, the Committee on + Agriculture, Nutrition, and Forestry, the Committee on Health, + Education, Labor, and Pensions, and the Committee on Appropriations + of the Senate, and the Committee on Science, Space, and Technology, + the Committee on Energy and Commerce, the Committee on Agriculture, + the Committee on Education and Labor, and the Committee on + Appropriations of the House of Representatives. In addition to the + elements described in subsections (a) and (b), the report shall + include-- + (A) a summary of federally funded sustainable chemistry + research, development, demonstration, technology transfer, + commercialization, education, and training activities; + (B) a summary of the financial resources allocated to + sustainable chemistry initiatives by each participating agency; + (C) an assessment of the current state of sustainable + chemistry in the United States, including the role that Federal + agencies are playing in supporting it; + (D) an analysis of the progress made toward achieving the + goals and priorities of this subtitle, and recommendations for + future program activities; + (E) an evaluation of steps taken and future strategies to + avoid duplication of efforts, streamline interagency + coordination, facilitate information sharing, and spread best + practices among participating agencies; and + (F) an evaluation of duplicative Federal funding and + duplicative Federal research in sustainable chemistry, efforts + undertaken by the Entity to eliminate duplicative funding and + research, and recommendations on how to achieve these goals. + (2) Submission to gao.--The Entity shall also submit the report + described in paragraph (1) to the Comptroller General of the United + States for consideration in future Congressional inquiries. + (3) Additional reports.--The Entity shall submit a report to + Congress and the Comptroller General of the United States that + incorporates the information described in subparagraphs (A), (B), + (D), (E), and (F) of paragraph (1) every 3 years, commencing after + the initial report is submitted until the Entity terminates. + SEC. 263. AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE CHEMISTRY. (a) In General.--The agencies participating in the Entity shall carry out activities in support of sustainable chemistry, as appropriate to the specific mission and programs of each agency. (b) Activities.--The activities described in subsection (a) shall-- - (1) incorporate sustainable chemistry into existing - research, development, demonstration, technology transfer, - commercialization, education, and training programs, that the - agency determines to be relevant, including consideration of-- - (A) merit-based competitive grants to individual - investigators and teams of investigators, including, to - the extent practicable, early career investigators for - research and development; - (B) grants to fund collaborative research and - development partnerships among universities, industry, - and nonprofit organizations; - (C) coordination of sustainable chemistry research, - development, demonstration, and technology transfer - conducted at Federal laboratories and agencies; - (D) incentive prize competitions and challenges in - coordination with such existing Federal agency - programs; and - (E) grants, loans, and loan guarantees to aid in - the technology transfer and commercialization of - sustainable chemicals, materials, processes, and - products; - (2) collect and disseminate information on sustainable - chemistry research, development, technology transfer, and - commercialization, including information on accomplishments and - best practices; - (3) expand the education and training of students at - appropriate levels of education, professional scientists and - engineers, and other professionals involved in all aspects of - sustainable chemistry and engineering appropriate to that level - of education and training, including through-- - (A) partnerships with industry as described in - section 256; - (B) support for the integration of sustainable - chemistry principles into chemistry and chemical - engineering curriculum and research training, as - appropriate to that level of education and training; - and - (C) support for integration of sustainable - chemistry principles into existing or new professional - development opportunities for professionals including - teachers, faculty, and individuals involved in - laboratory research (product development, materials - specification and testing, life cycle analysis, and - management); - (4) as relevant to an agency's programs, examine methods by - which the Federal agencies, in collaboration and consultation - with the National Institute of Standards and Technology, may - facilitate the development or recognition of validated, - standardized tools for performing sustainability assessments of - chemistry processes or products; - (5) through programs identified by an agency, support - (including through technical assistance, participation, - financial support, communications tools, awards, or other forms - of support) outreach and dissemination of sustainable chemistry - advances such as non-Federal symposia, forums, conferences, and - publications in collaboration with, as appropriate, industry, - academia, scientific and professional societies, and other - relevant groups; - (6) provide for public input and outreach to be integrated - into the activities described in this section by the convening - of public discussions, through mechanisms such as public - meetings, consensus conferences, and educational events, as - appropriate; - (7) within each agency, develop or adapt metrics to track - the outputs and outcomes of the programs supported by that - agency; and - (8) incentivize or recognize actions that advance - sustainable chemistry products, processes, or initiatives, - including through the establishment of a nationally recognized - awards program through the Environmental Protection Agency to - identify, publicize, and celebrate innovations in sustainable - chemistry and chemical technologies. - (d) Limitations.--Financial support provided under this section + (1) incorporate sustainable chemistry into existing research, + development, demonstration, technology transfer, commercialization, + education, and training programs, that the agency determines to be + relevant, including consideration of-- + (A) merit-based competitive grants to individual + investigators and teams of investigators, including, to the + extent practicable, early career investigators, for research + and development; + (B) grants to fund collaborative research and development + partnerships among universities, industry, and nonprofit + organizations; + (C) coordination of sustainable chemistry research, + development, demonstration, and technology transfer conducted + at Federal laboratories and agencies; + (D) incentive prize competitions and challenges in + coordination with such existing Federal agency programs; and + (E) grants, loans, and loan guarantees to aid in the + technology transfer and commercialization of sustainable + chemicals, materials, processes, and products; + (2) collect and disseminate information on sustainable + chemistry research, development, technology transfer, and + commercialization, including information on accomplishments and + best practices; + (3) expand the education and training of students at + appropriate levels of education, professional scientists and + engineers, and other professionals involved in all aspects of + sustainable chemistry and engineering appropriate to that level of + education and training, including through-- + (A) partnerships with industry as described in section 264; + (B) support for the integration of sustainable chemistry + principles into chemistry and chemical engineering curriculum + and research training, as appropriate to that level of + education and training; and + (C) support for integration of sustainable chemistry + principles into existing or new professional development + opportunities for professionals including teachers, faculty, + and individuals involved in laboratory research (product + development, materials specification and testing, life cycle + analysis, and management); + (4) as relevant to an agency's programs, examine methods by + which the Federal agencies, in collaboration and consultation with + the National Institute of Standards and Technology, may facilitate + the development or recognition of validated, standardized tools for + performing sustainability assessments of chemistry processes or + products; + (5) through programs identified by an agency, support, + including through technical assistance, participation, financial + support, communications tools, awards, or other forms of support, + outreach and dissemination of sustainable chemistry advances such + as non-Federal symposia, forums, conferences, and publications in + collaboration with, as appropriate, industry, academia, scientific + and professional societies, and other relevant groups; + (6) provide for public input and outreach to be integrated into + the activities described in this section by the convening of public + discussions, through mechanisms such as public meetings, consensus + conferences, and educational events, as appropriate; + (7) within each agency, develop or adapt metrics to track the + outputs and outcomes of the programs supported by that agency; and + (8) incentivize or recognize actions that advance sustainable + chemistry products, processes, or initiatives, including through + the establishment of a nationally recognized awards program through + the Environmental Protection Agency to identify, publicize, and + celebrate innovations in sustainable chemistry and chemical + technologies. + (c) Limitations .--Financial support provided under this section shall-- - (1) be available only for pre-competitive activities; and - (2) not be used to promote the sale of a specific product, - process, or technology, or to disparage a specific product, - process, or technology. - -SEC. 256. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY. - + (1) be available only for pre-competitive activities; and + (2) not be used to promote the sale of a specific product, + process, or technology, or to disparage a specific product, + process, or technology. + SEC. 264. PARTNERSHIPS IN SUSTAINABLE CHEMISTRY. (a) In General.--The agencies participating in the Entity may facilitate and support, through financial, technical, or other assistance, the creation of partnerships between institutions of higher education, nongovernmental organizations, consortia, or companies across the value chain in the chemical industry, including small- and medium-sized enterprises, to-- - (1) create collaborative sustainable chemistry research, - development, demonstration, technology transfer, and - commercialization programs; and - (2) train students and retrain professional scientists, - engineers, and others involved in materials specification on - the use of sustainable chemistry concepts and strategies by - methods, including-- - (A) developing or recognizing curricular materials - and courses for undergraduate and graduate levels and - for the professional development of scientists, - engineers, and others involved in materials - specification; and - (B) publicizing the availability of professional - development courses in sustainable chemistry and - recruiting professionals to pursue such courses. + (1) create collaborative sustainable chemistry research, + development, demonstration, technology transfer, and + commercialization programs; and + (2) train students and retrain professional scientists, + engineers, and others involved in materials specification on the + use of sustainable chemistry concepts and strategies by methods, + including-- + (A) developing or recognizing curricular materials and + courses for undergraduate and graduate levels and for the + professional development of scientists, engineers, and others + involved in materials specification; and + (B) publicizing the availability of professional + development courses in sustainable chemistry and recruiting + professionals to pursue such courses. (b) Private Sector Participation.--To be eligible for support under this section, a partnership in sustainable chemistry shall include at least one private sector organization. @@ -6739,70 +7087,205 @@ support under this section, the agencies participating in the Entity shall also consider the extent to which the applicants are willing and able to demonstrate evidence of support for, and commitment to, the goals outlined in the strategic plan and report described in section -254. +262. (d) Prohibited Use of Funds.--Financial support provided under this section may not be used-- - (1) to support or expand a regulatory chemical management - program at an implementing agency under a State law; - (2) to construct or renovate a building or structure; or - (3) to promote the sale of a specific product, process, or - technology, or to disparage a specific product, process, or - technology. - -SEC. 257. PRIORITIZATION. - + (1) to support or expand a regulatory chemical management + program at an implementing agency under a State law; + (2) to construct or renovate a building or structure; or + (3) to promote the sale of a specific product, process, or + technology, or to disparage a specific product, process, or + technology. + SEC. 265. PRIORITIZATION. In carrying out this subtitle, the Entity shall focus its support for sustainable chemistry activities on those that achieve, to the -highest extent practicable, the goals outlined in the Act. - -SEC. 258. RULE OF CONSTRUCTION. - +highest extent practicable, the goals outlined in the subtitle. + SEC. 266. RULE OF CONSTRUCTION. Nothing in this subtitle shall be construed to alter or amend any State law or action with regard to sustainable chemistry, as defined by the State. - -SEC. 259. MAJOR MULTI-USER RESEARCH FACILITY PROJECT. - + SEC. 267. MAJOR MULTI-USER RESEARCH FACILITY PROJECT. Section 110 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-2) is amended by striking (g)(2) and inserting the following: - ``(2) Major multi-user research facility project.--The term - `major multi-user research facility project' means a science - and engineering facility project that exceeds $100,000,000 in - total construction, acquisition, or upgrade costs to the - Foundation.''. + ``(2) Major multi-user research facility project.--The term + `major multi-user research facility project' means a science and + engineering facility project that exceeds $100,000,000 in total + construction, acquisition, or upgrade costs to the Foundation.''. - Subtitle E--Plans, Reports, and Other Matters - -SEC. 261. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF OPERATIONAL - TEST AND EVALUATION. + Subtitle F--Plans, Reports, and Other Matters + SEC. 271. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF + OPERATIONAL TEST AND EVALUATION. Section 139(h)(2) of title 10, United States Code, is amended-- - (1) by striking ``Engineering,,'' and inserting - ``Engineering,''; and - (2) by striking ``, through January 31, 2025''. - -SEC. 262. REPEAL OF QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING - VEHICLE PROGRAM. - + (1) by striking ``Engineering,,'' and inserting + ``Engineering,''; and + (2) by striking ``, through January 31, 2025'' and inserting + ``, through January 31, 2026''. + SEC. 272. MODIFICATION TO TEST RESOURCE MANAGEMENT CENTER STRATEGIC + PLAN REPORTING CYCLE AND CONTENTS. + (a) Quadrennial Strategic Plan.--Section 196 of title 10, United +States Code, is amended-- + (1) in subsections (c)(1)(C) and (e)(2)(B), by inserting + ``quadrennial'' before ``strategic plan''; and + (2) in subsection (d)-- + (A) in the heading, by inserting ``Quadrennial'' before + ``Strategic Plan''; and + (B) by inserting ``quadrennial'' before ``strategic plan'' + each place it occurs. + (b) Timing and Coverage of Plan.--Subsection (d)(1) of such +section, as amended by subsection (a)(2), is further amended, in the +first sentence, by striking ``two fiscal years'' and inserting ``four +fiscal years, and within one year after release of the National Defense +Strategy,''. + (c) Amendment to Contents of Plan.--Subsection (d)(2)(C) of such +section is amended by striking ``based on current'' and all that +follows through the end and inserting ``for test and evaluation of the +Department of Defense major weapon systems based on current and +emerging threats.''. + (d) Annual Update to Plan.--Subsection (d) of such section is +amended by adding at the end the following new paragraph: + ``(5)(A) In addition to the quadrennial strategic plan completed +under paragraph (1), the Director of the Department of Defense Test +Resource Management Center shall also complete an annual update to the +quadrennial strategic plan. + ``(B) Each annual update completed under subparagraph (A) shall +include the following: + ``(i) A summary of changes to the assessment provided in the + most recent quadrennial strategic plan. + ``(ii) Comments and recommendations the Director considers + appropriate. + ``(iii) Test and evaluation challenges raised since the + completion of the most recent quadrennial strategic plan. + ``(iv) Actions taken or planned to address such challenges.''. + (e) Technical Correction.--Subsection (d)(1) of such, as amended by +subsections (a)(2) and (b), is further amended by striking ``Test +Resources Management Center'' and inserting ``Test Resource Management +Center''. + SEC. 273. MODIFICATION OF REQUIREMENTS RELATING TO ENERGETICS PLAN + TO INCLUDE ASSESSMENT OF FEASIBILITY AND ADVISABILITY OF + ESTABLISHING A PROGRAM OFFICE FOR ENERGETICS. + Section 253(a) of the National Defense Authorization Act for Fiscal +Year 2020 (133 Stat. 1287; Public Law 116-92) is amended-- + (1) in paragraph (2), by striking ``; and'' and inserting a + semicolon; and + (2) in paragraph (3), by striking the period and inserting ``; + and''; and + (3) by adding at the end the following new paragraph: + ``(4) assesses the feasibility and advisability of establishing + a program office-- + ``(A) to coordinate energetics research; and + ``(B) to ensure a robust and sustained energetics material + enterprise.''. + SEC. 274. ELEMENT IN ANNUAL REPORTS ON CYBER SCIENCE AND TECHNOLOGY + ACTIVITIES ON WORK WITH ACADEMIC CONSORTIA ON HIGH PRIORITY + CYBERSECURITY RESEARCH ACTIVITIES IN DEPARTMENT OF DEFENSE + CAPABILITIES. + Section 257(b)(2) of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1291) is amended by +adding at end the following new subparagraph: + ``(J) Efforts to work with academic consortia on high + priority cybersecurity research activities.''. + SEC. 275. REPEAL OF QUARTERLY UPDATES ON THE OPTIONALLY MANNED + FIGHTING VEHICLE PROGRAM. Section 261 of the National Defense Authorization Act for Fiscal Year 2020 (Public law 116-92; 133 Stat. 1294) is repealed. - -SEC. 263. INDEPENDENT EVALUATION OF PERSONAL PROTECTIVE AND DIAGNOSTIC - TESTING EQUIPMENT. - + SEC. 276. MICROELECTRONICS AND NATIONAL SECURITY. + Section 231 of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 10 U.S.C. 2302 note) is amended-- + (1) in subsection (a)-- + (A) by inserting ``, in collaboration with the Under + Secretary of Defense for Acquisition and Sustainment, the Under + Secretary for Research and Engineering, and the Director of the + Defense Advanced Research Projects Agency,'' after ``shall''; + and + (B) by striking ``September 30, 2019'' and inserting ``June + 1, 2021''; + (2) in subsection (b), by adding at the end the following new + paragraphs: + ``(10) An approach to ensuring the continuing production of + cutting-edge microelectronics for national security needs, + including access to state-of-the-art node sizes through commercial + manufacturing, heterogeneous integration, advantaged sensor + manufacturing, boutique chip designs, and variable volume + production capabilities. + ``(11) An assessment of current microelectronics supply chain + management best practices, including-- + ``(A) intellectual property controls; + ``(B) international standards; + ``(C) guidelines of the National Institute of Standards and + Technology; + ``(D) product traceability and provenance; and + ``(E) location of design, manufacturing, and packaging + facilities. + ``(12) An assessment of existing risks to the current + microelectronics supply chain. + ``(13) A description of actions that may be carried out by the + defense industrial base to implement best practices described in + paragraph (11) and mitigate risks described in paragraph (12). + ``(14) A plan for increasing commercialization of intellectual + property developed by the Department of Defense for commercial + microelectronics research and development. + ``(15) An assessment of the feasibility, usefulness, efficacy, + and cost of-- + ``(A) developing a national laboratory exclusively focused + on the research and development of microelectronics to serve as + a center for Federal Government expertise in high-performing, + trusted microelectronics and as a hub for Federal Government + research into breakthrough microelectronics-related + technologies; and + ``(B) incorporating into such national laboratory a + commercial incubator to provide early-stage microelectronics + startups, which face difficulties scaling due to the high costs + of microelectronics design and fabrication, with access to + funding resources, fabrication facilities, design tools, and + shared intellectual property. + ``(16) The development of multiple models of public-private + partnerships to execute the strategy, including in-depth analysis + of establishing a semiconductor manufacturing corporation to + leverage private sector technical, managerial, and investment + expertise, and private capital, that would have the authority and + funds to provide grants or approve investment tax credits, or both, + to implement the strategy. + ``(17) Processes and criteria for competitive selection of + commercial companies, including companies headquartered in + countries that are allies or partners with the United States, to + provide design, foundry and assembly, and packaging services and to + build and operate the industrial capabilities associated with such + services. + ``(18) The role that other Federal agencies should play in + organizing and supporting the strategy, including any required + direct or indirect funding support, or legislative and regulatory + actions, including restricting procurement to domestic sources, and + providing antitrust and export control relief. + ``(19) All potential funding sources and mechanisms for initial + and sustaining investments in microelectronics. + ``(20) Such other matters as the Secretary of Defense + determines to be relevant.''; + (3) in subsection (d), by striking ``September 30, 2019'' and + inserting ``June 1, 2021''; + (4) in subsection (e), by striking ``September 30, 2020'' and + inserting ``June 1, 2021''; and + (5) by redeignating subsection (f) as subsection (g); + (6) by inserting after subsection (e) the following new + subsection (f): + ``(f) Submission.--Not later than June 1, 2021, the Secretary of +Defense shall submit the strategy required in subsection (a), along +with any views and recommendations and an estimated budget to implement +the strategy, to the President, the National Security Council, and the +National Economic Council.''. + SEC. 277. INDEPENDENT EVALUATION OF PERSONAL PROTECTIVE AND + DIAGNOSTIC TESTING EQUIPMENT. (a) Independent Evaluation Required.--The Director of Operational -Test and Evaluation shall conduct an independent evaluation of-- - (1) any processes used to test the effectiveness of covered - personal protective and diagnostic testing equipment; and - (2) the results of such tests. +Test and Evaluation shall conduct an independent evaluation of whether +covered personal protective and diagnostic testing equipment is +operationally effective and suitable to satisfy the specific needs and +required protection of the workforce of the Department of Defense. (b) Availability of Information.--The Secretary of Defense shall provide the Director of Operational Test and Evaluation with such information as may be necessary for the Director to conduct the -evaluations required under subsection (a), including any relevant -documentation relating to testing processes and test results for -covered personal protective and diagnostic testing equipment. - (c) Report to Congress.--Not later than 30 days after the +evaluations required under subsection (a). + (c) Report to Congress.--Not later than 90 days after the completion of each evaluation under subsection (a), the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the results of the evaluation. @@ -6811,880 +7294,903 @@ Defined.--In this section, the term ``covered personal protective and diagnostic testing equipment'' means any personal protective equipment or diagnostic testing equipment developed, acquired, or used by the Department of Defense-- - (1) in response to COVID-19; or - (2) as part of any follow-on, long-term acquisition and - distribution program for such equipment. - -SEC. 264. REPORTS ON F-35 PHYSIOLOGICAL EPISODES AND MITIGATION - EFFORTS. - + (1) in response to COVID-19; or + (2) as part of any follow-on, long-term acquisition and + distribution program for such equipment. + SEC. 278. ASSESSMENT ON UNITED STATES NATIONAL SECURITY EMERGING + BIOTECHNOLOGY EFFORTS AND CAPABILITIES AND COMPARISON WITH + ADVERSARIES. + (a) Assessment and Comparison Required.-- + (1) In general.--The Secretary of Defense, acting through the + Under Secretary of Defense for Research and Engineering and the + Under Secretary of Defense for Intelligence and Security, shall + conduct an assessment and direct comparison of capabilities in + emerging biotechnologies for national security purposes, including + applications in material, manufacturing, and health, between the + capabilities of the United States and the capabilities of + adversaries of the United States. + (2) Elements.--The assessment and comparison carried out under + paragraph (1) shall include the following: + (A) An evaluation of the quantity, quality, and progress of + United States fundamental and applied research for emerging + biotechnology initiatives for national security purposes. + (B) An assessment of the resourcing of United States + efforts to harness emerging biotechnology capabilities for + national security purposes, including the supporting + facilities, test infrastructure, and workforce. + (C) An intelligence assessment of adversary emerging + biotechnology capabilities and research as well as an + assessment of adversary intent and willingness to use emerging + biotechnologies for national security purposes. + (D) An assessment of the analytic and operational subject + matter expertise necessary to assess rapidly-evolving foreign + military developments in biotechnology, and the current state + of the workforce in the intelligence community. + (E) Recommendations to improve and accelerate United States + capabilities in emerging biotechnologies and the associated + intelligence community expertise. + (F) Such other matters as the Secretary considers + appropriate. + (b) Report.-- + (1) In general.--Not later than February 1, 2021, the Secretary + shall submit to the congressional defense committees a report on + the assessment carried out under subsection (a). + (2) Form.--The report submitted under paragraph (1) shall be + submitted in the following formats-- + (A) unclassified form, which may include a classified + annex; and + (B) publically releasable form, representing appropriate + information from the report under subparagraph (A). + (c) Definition of Intelligence Community.--In this section, the +term ``intelligence community'' has the meaning given such term in +section 3 of the National Security Act of 1947 (50 U.S.C. 3003). + SEC. 279. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE + DEPARTMENT OF DEFENSE. + (a) Reports Required.--Not later than 90 days after the date of the +enactment of this Act, and not later than 120 days after the end of +each fiscal years 2021, 2022, and 2023, the Secretary of Defense, after +consultation with the Secretary of each military department, shall +submit to Congress a report that describes the following: + (1) The ways in which the Department of Defense is using + incentives under section 9(y)(6)(B) of the Small Business Act (15 + U.S.C. 638(y)(6)(B)) to increase the number of Phase II SBIR + contracts that lead to technology transition into programs of + record or fielded systems. + (2) The extent to which the Department has developed simplified + and standardized procedures and model contracts throughout the + agency for Phase I, Phase II, and Phase III SBIR awards, as + required under section 9(hh)(2)(A)(i) of the Small Business Act (15 + U.S.C. 638(hh)(2)(A)(i)). + (3) The extent to which any incentives described in this + section and implemented by the Secretary of Defense have resulted + in an increased number of Phase II contracts under the SBIR program + of the Department of Defense leading to technology transition into + programs of record or fielded systems. + (4) The extent to which Phase I, Phase II, and Phase III + projects under the SBIR program of the Department align with the + modernization priorities of the Department. + (5) Actions taken to ensure that the SBIR program of the + Department aligns with the goals of the program, namely-- + (A) to stimulate technological innovation; + (B) to meet Federal research and development needs; + (C) to foster and encourage participation in innovation and + entrepreneurship by women and socially or economically + disadvantaged individuals; and + (D) to increase private-sector commercialization of + innovations derived from Federal research and development + funding. + (6) Any other action taken, and proposed to be taken, to + increase the number of Department Phase II SBIR contracts leading + to technology transition into programs of record or fielded + systems. + (b) SBIR Defined.--In this section, the term ``SBIR'' has the +meaning given the term in section 9(e) of the Small Business Act (15 +U.S.C. 638(e)). + SEC. 280. REPORTS ON F-35 PHYSIOLOGICAL EPISODES AND MITIGATION + EFFORTS. (a) Study and Report.-- - (1) In general.--The Under Secretary of Defense for - Acquisition and Sustainment shall conduct a study to determine - the underlying causes of physiological episodes affecting - crewmembers of F-35 aircraft. - (2) Elements.--The study under subsection (a) shall - include-- - (A) an examination of each physiological episode - reported by a crewmember of an F-35 aircraft as of the - date of the enactment of this Act; - (B) a determination as to the underlying cause of - the episode; and - (C) an examination of-- - (i) any long-term effects, including - potential long-term effects, of the episode; - and - (ii) any additional care an affected - crewmember may need. - (3) Report.--Not later than 180 days after the date of the - enactment of this Act, the Under Secretary of Defense for - Acquisition and Sustainment shall submit to the congressional - defense committees a report that includes-- - (A) the results the study conducted under - subsection (a), including a description of each - physiological episode examined under the study and an - explanation of the underlying cause of the episode; - (B) a description of any actions that may be taken - to address the underlying causes of such episodes, - including any resources that may be required to carry - out such actions; and - (C) any other findings and recommendations of the - study. + (1) In general.--The Under Secretary of Defense for Acquisition + and Sustainment shall conduct a study to determine the underlying + causes of physiological episodes affecting crewmembers of F-35 + aircraft. + (2) Elements.--The study under subsection (a) shall include-- + (A) an examination of each physiological episode reported + by a crewmember of an F-35 aircraft as of the date of the + enactment of this Act; + (B) a determination as to the underlying cause of the + episode; and + (C) an examination of-- + (i) any long-term effects, including potential long- + term effects, of the episode; and + (ii) any additional care an affected crewmember may + need. + (3) Report.--Not later than 180 days after the date of the + enactment of this Act, the Under Secretary of Defense for + Acquisition and Sustainment shall submit to the congressional + defense committees a report that includes-- + (A) the results the study conducted under subsection (a), + including a description of each physiological episode examined + under the study and an explanation of the underlying cause of + the episode; + (B) a description of any actions that may be taken to + address the underlying causes of such episodes, including any + resources that may be required to carry out such actions; and + (C) any other findings and recommendations of the study. (b) Annual Reports on Mitigation Efforts.--The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall include with the annual report required by section 224(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2059), a detailed description of-- - (1) the efforts of the Department of Defense to address - physiological episodes affecting crewmembers of F-35 aircraft; + (1) the efforts of the Department of Defense to address + physiological episodes affecting crewmembers of F-35 aircraft; and + (2) the funding allocated for such efforts. + SEC. 281. REVIEW AND REPORT ON NEXT GENERATION AIR DOMINANCE + CAPABILITIES. + (a) Reviews.-- + (1) In general.--The Director of Cost Assessment and Program + Evaluation shall conduct-- + (A) a non-advocate review of the next generation air + dominance initiative of the Air Force; + (B) a non-advocate review of the next generation air + dominance initiative of the Navy; and + (C) a non-advocate review of the business case analysis + developed by the Assistant Secretary of the Air Force for + Acquisition, Technology, and Logistics regarding the Digital + Century Series Aircraft acquisition strategy of the Air Force. + (2) Elements.--(A) The reviews under paragraphs (1)(A) and + (1)(B) shall include an assessment of-- + (i) all risks associated with cost, schedule, development, + integration, production, fielding, and sustainment of next + generation air dominance capabilities; + (ii) the technological maturity of significant hardware and + software efforts planned or carried out as part of the + development of such capabilities; and + (iii) affordability goals that the Air Force and the Navy + (as the case may be) will be required to achieve during + development, production, and sustainment activities for such + capabilities that will not jeopardize or otherwise be + detrimental to other high-priority future capabilities being + developed and procured to support and execute other primary + core competencies and missions. + (B) The review under paragraph (1)(C) shall include an + assessment of-- + (i) methods, objectives, risks, ground rules, and + assumptions; + (ii) validity, accuracy, and deficiencies in knowledge and + data used in support of the analysis; + (iii) financial and nonfinancial business benefits and + impacts; + (iv) likelihood of risks to materialize; and + (v) conclusions, recommendations, and any other information + the Director believes to be relevant to the review. + (b) Reports.--The Director of Cost Assessment and Program +Evaluation shall submit to the congressional defense committees-- + (1) a report on the results of the review conducted under + subsection (a)(1)(A) with respect to the Air Force; + (2) a report on the results of the review conducted under + subsection (a)(1)(B) with respect to the Navy; and + (3) a report on the results of the review conducted under + subsection (a)(1)(C). + SEC. 282. PLAN FOR OPERATIONAL TEST AND UTILITY EVALUATION OF + SYSTEMS FOR LOW-COST ATTRIBUTABLE AIRCRAFT TECHNOLOGY PROGRAM. + Not later than March 1, 2021, the Assistant Secretary of the Air +Force for Acquisition, Technology, and Logistics shall-- + (1) submit to the congressional defense committees an + executable plan for the operational test and utility evaluation of + systems for the Low-Cost Attributable Aircraft Technology (LCAAT) + program of the Air Force; and + (2) provide to the congressional defense committees a briefing + on the plan so submitted. + SEC. 283. INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY CHINA AND + THE UNITED STATES TO RECRUIT AND RETAIN RESEARCHERS IN NATIONAL + SECURITY-RELATED AND DEFENSE-RELATED FIELDS. + (a) Agreement.-- + (1) In general.--The Secretary of Defense shall seek to enter + into an agreement with the National Academies of Sciences, + Engineering, and Medicine for the National Academies of Sciences, + Engineering, and Medicine to perform the services covered by this + section. + (2) Timing.--The Secretary shall seek to enter into the + agreement described in paragraph (1) not later than 60 days after + the date of the enactment of this Act. + (b) Review.-- + (1) In general.--Under an agreement between the Secretary and + the National Academies of Sciences, Engineering, and Medicine under + this section, the National Academies of Sciences, Engineering, and + Medicine shall carry out a comparative analysis of efforts by China + and the United States Government to recruit and retain domestic and + foreign researchers and develop recommendations for the Secretary + of Defense and the heads of other Federal agencies as appropriate. + (2) Elements.--The comparative analysis carried out under + paragraph (1) and the recommendations developed under such + paragraph shall include the following: + (A) A list of the ``talent programs'' used by China and a + list of the incentive programs used by the United States to + recruit and retain researchers in fields relating to national + security or defense research. + (B) The types of researchers, scientists, other technical + experts, and fields targeted by each talent program listed + under subparagraph (A). + (C) The number of researchers in academia, the Department + of Defense Science and Technology Reinvention Laboratories, and + national security science and engineering programs of the + National Nuclear Security Administration targeted by the talent + programs listed under subparagraph (A). + (D) The number of personnel currently participating in the + talent programs listed under subparagraph (A) and the number of + researchers currently participating in the incentive programs + listed under such subparagraph. + (E) The incentives offered by each of the talent programs + listed under subparagraph (A) and a description of the + incentives offered through incentive programs under such + subparagraph to recruit and retain researchers, scientists, and + other technical experts. + (F) A characterization of the national security, economic, + and scientific benefits China gains through the talent programs + listed under subparagraph (A) and a description of similar + gains accrued to the United States through incentive programs + listed under such subparagraph. + (G) An assessment of the risks to national security and + benefits to the United States of scientific research + cooperation between the United States and China, such as that + which is performed under the agreement between the United + States and the People's Republic of China known as the + ``Agreement between the Government of the United States of + America and the Government of the People's Republic of China on + Cooperation in Science and Technology'', signed in Washington + on January 31, 1979, successor agreements, and similar + agreements, administered by the Secretary of State and the + heads of other Federal agencies. + (H) A list of findings and recommendations relating to + policies that can be implemented by the United States, + especially the Department of Defense and other appropriate + Federal agencies, to improve the relative effectiveness of + United States activities to recruit and retain researchers, + scientists, and other technical experts relative to China. + (c) Report.-- + (1) In general.--Not later than one year after the date of the + execution of an agreement under subsection (a), the National + Academies of Sciences, Engineering, and Medicine shall-- + (A) submit to the congressional defense committees a report + on the findings National Academies of Sciences, Engineering, + and Medicine with respect to the review carried out under this + section and the recommendations developed under this section; and - (2) the funding allocated for such efforts. + (B) make available to the public on a publicly accessible + website a version of report that is suitable for public + viewing. + (2) Form.--The report submitted under paragraph (1)(A) shall be + submitted in unclassified form, but may include a classified annex. -SEC. 265. STUDY ON MECHANISMS FOR ATTRACTING AND RETAINING HIGH QUALITY - TALENT IN THE NATIONAL SECURITY INNOVATION BASE. + TITLE III--OPERATION AND MAINTENANCE - (a) Study Required.--The Secretary of Defense shall conduct a study -to determine the feasibility of establishing a program to attract and -retain covered individuals for employment in the national security -innovation base. - (b) Elements.--The study required under subsection (a) shall -include an analysis of-- - (1) mechanisms the Department of Defense may use to engage - institutions of higher education to assist in the - identification and recruitment of covered individuals for - employment in the national security innovation base; - (2) monetary and nonmonetary incentives that may be - provided to retain covered individuals in positions in the - national security innovation base; - (3) methods that may be implemented to ensure the proper - vetting of covered individuals; - (4) the number of covered individuals needed to advance the - competitiveness of the research, development, test, and - evaluation efforts of the Department of Defense in the critical - technologies identified in the National Defense Strategy; and - (5) the type and amount of resources required to implement - the program described in subsection (a). - (c) Report.--Not later than February 1, 2021, the Secretary of -Defense shall submit to the congressional defense committees a report -on the results of the study conducted under subsection (a). - (d) Definitions.--In this section: - (1) The term ``national security innovation base'' the - means the network of persons and organizations, including - Federal agencies, institutions of higher education, federally - funded research and development centers, defense industrial - base entities, nonprofit organizations, commercial entities, - and venture capital firms that are engaged in the military and - nonmilitary research, development, funding, and production of - innovative technologies that support the national security of - the United States. - (2) The term ``institution of higher education'' has the - meaning given that term in section 101 of the Higher Education - Act of 1965 (20 U.S.C. 1001). - (3) The term ``covered individual'' means an individual - who-- - (A) is employed by a United States employer and - engaged in work to promote and protect the national - security innovation base; - (B) is engaged in basic or applied research, funded - by the Department of Defense, through an institution of - higher education in the United States; and - (C) possesses scientific or technical expertise - that will advance the development of critical - technologies identified in the National Defense - Strategy or the National Defense Science and Technology - Strategy, required by section 218 of the John S. McCain - National Defense Authorization Act for Fiscal Year 2019 - (Public Law 115-232; 132 Stat. 1679). - -SEC. 266. FUNDING FOR FORCE PROTECTION APPLIED RESEARCH. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 201 for research, development, test, and evaluation, as -specified in the corresponding funding table in section 4201, for -research, development, test, and evaluation, Navy, applied research, -force protection applied research, line 005 (PE 0602123N) is hereby -increased by $9,000,000 (to be used in support of the Direct Air -Capture and Blue Carbon Removal Technology Program authorized under -section 223 of the National Defense Authorization Act for Fiscal Year -2020 (Public Law 116-92; 10 U.S.C. 2358 note)). - (b) Offsets.-- - (1) Notwithstanding the amounts set forth in the funding - tables in division D, the amount authorized to be appropriated - in section 301 for operation and maintenance, as specified in - the corresponding funding table in section 4301, for operation - and maintenance, Air Force, admin & servicewide activities, - servicewide communications, line 410 is hereby reduced by - $4,000,000. - (2) Notwithstanding the amounts set forth in the funding - tables in division D, the amount authorized to be appropriated - in section 301 for operation and maintenance, as specified in - the corresponding funding table in section 4301, for operation - and maintenance, Army, admin & servicewide activities, - servicewide communications, line 440 is hereby reduced by - $5,000,000. - -SEC. 267. FUNDING FOR HYPERSONICS PROTOTYPING. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 201 for research, development, test, and evaluation, as -specified in the corresponding funding table in section 4201, for -research, development, test, and evaluation, Air Force, advanced -component development & prototypes, line 048, hypersonics prototyping -(PE 0604033F) is hereby increased by $5,000,000 (to be used in support -of the Air-launched Rapid Response Weapon Program). - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 301 for operation and maintenance, as specified in the -corresponding funding table in section 4301, for operation and -maintenance, Space Force, operating forces, contractor logistics & -system support, line 080 is hereby reduced by $5,000,000. - -SEC. 268. FUNDING FOR UNIDIRECTIONAL BODY ARMOR. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 201 for research, development, test, and evaluation, as -specified in the corresponding funding table in section 4201, for -research, development, test, and evaluation, Army, advanced component -development & prototypes, line 093, soldier systems--advanced -development (PE 0603827A) is hereby increased by $7,000,000 (to be used -for the development of lightweight body armor fabrics). - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 201 for research, development, test, and evaluation, as -specified in the corresponding funding table in section 4201, for -research, development, test, and evaluation, Army, advanced component -development & prototypes, line 102, technology maturation initiatives -(PE 0604115A) is hereby reduced by $7,000,000. - -SEC. 269. ASSESSMENTS OF INTELLIGENCE, DEFENSE, AND MILITARY - IMPLICATIONS OF DEEPFAKE VIDEOS AND RELATED TECHNOLOGIES. - - (a) Intelligence Threat Assessment.-- - (1) In general.--In conjunction with each annual report - required under section 5709(d) of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116-92) - (relating to deepfake technology and the foreign weaponization - of deepfakes), the Director of National Intelligence shall - submit to the Secretary of Defense and the appropriate - congressional committees a supplemental report on the - intelligence, defense, and military implications of deepfake - videos and related technologies. - (2) Elements.--Each supplemental report under paragraph (1) - shall include-- - (A) a description of new developments with respect - to the national security implications of machine- - manipulated media, and intelligence community responses - to such developments, as it pertains to those matters - described in section 5709(a) of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116- - 92); - (B) a description of any known efforts by the - militaries of the People's Republic of China or the - Russian Federation or any governmental elements that - provide intelligence support to such militaries, to - deploy machine-manipulated media in the context of any - ongoing geopolitical disputes, armed conflicts, or - related operations; and - (C) an assessment of additional future security - risks posed by artificial intelligence technologies - that facilitate the creation of machine-manipulated - media, including security risks in contexts other than - influence or information operations (including the - potential subversion of biometric authentication - systems). - (3) Interim report.--Not later than 120 days after the date - of the enactment of this Act, the Director of National - Intelligence shall submit to the Secretary of Defense and the - appropriate congressional committees a report on the - preliminary findings of the Director with respect to each - element described in subsection (2). - (4) Appropriate congressional committees defined.--In this - section, the term ``appropriate congressional committees'' - means-- - (A) the congressional defense committees; - (B) the Select Committee on Intelligence of the - Senate; and - (C) the Permanent Select Committee on Intelligence - of the House of Representatives. - (b) Military Risk Assessment.-- - (1) In general.--Not later than 180 days after date on - which the report under subsection (a)(3) is submitted to the - Secretary of Defense, the Secretary shall submit to the - congressional defense committees an assessment, based on the - results of such report, of the risks posed by machine- - manipulated media to the operations, personnel, and activities - of the Department of Defense and the Armed Forces. - (2) Elements.--The report under paragraph (1) shall include - the following: - (A) An assessment of the risks posed by machine- - manipulated media in the contexts of military planning, - defense intelligence collection, operational decision- - making, and such other contexts as the Secretary of - Defense deems appropriate. - (B) A description of how the Department of Defense - would assess, particularly under limited time - constraints, the legitimacy of machine-manipulated - media purporting to depict activities relevant to - ongoing military operations (such as a deepfake video - purporting to depict a foreign government official - announcing an impending military strike, retreat, or - other tactical action). - (C) A description of any efforts of the Department - of Defense to combat the actual or potential creation - of machine-manipulated media that falsely depicts or - replicates biometric identifiers of Federal Government - officials, and an assessment of the feasibility of - adopting or developing technologies to reduce the - likelihood of video, audio, or visual content produced - or distributed by the Department of Defense from being - manipulated or exploited in such manner. - (D) An assessment of the Department of Defense's - current machine-manipulated media detection - capabilities, and recommendations with respect to - improving such capabilities. - (c) Form.--The reports required under subsections (a) and (b) may -be submitted in classified form, but if so submitted, shall be -accompanied by unclassified annexes. - (d) Machine-Manipulated Media Defined.--In this section, the term -``machine-manipulated media'' has the meaning given that term in -section 5724(d) of the National Defense Authorization Act for Fiscal -Year 2020 1 (Public Law 116-92). - -SEC. 270. FUNDING FOR AIR FORCE UNIVERSITY RESEARCH INITIATIVES. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 201 for research, development, test, and evaluation, as -specified in the corresponding funding table in section 4201, for -research, development, test, and evaluation, Air Force, basic research, -university research initiatives (PE 0601103F), line 002 is hereby -increased by $5,000,000. - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 301 for operation and maintenance, as specified in the -corresponding funding table in section 4301, for operation and -maintenance, Army, admin & servicewide activities, servicewide -communications, line 440 is hereby reduced by $5,000,000. - -SEC. 271. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2020 PROJECTS. - - (a) Findings.--Congress finds the following: - (1) The Department of Defense is encouraging the liberal - use of fifth generation (commonly known as ``5G'') information - and communications technology testbeds to develop useful, - mission-oriented applications for 5G technology. - (2) Barksdale Air Force Base, Louisiana, has the ability to - serve as a large-scale test facility to enable rapid - experimentation and dual-use application prototyping. - (3) Barksdale Air Force Base, Louisiana, has streamlined - access to spectrum bands, mature fiber and wireless - infrastructure, and prototyping and test area range access, all - of which are ideal characteristics for use as a 5G test bed - location. - (b) Consideration Required.--The Secretary of Defense shall -consider using Barksdale Air Force Base, Louisiana, as 5G test bed -installation for purposes of the activities carried out under section -254(b)(2)(A) of the National Defense Authorization Act for Fiscal Year -2020 (Public Law 116-92; 10 U.S.C. 2223 note). - -SEC. 272. SENSE OF CONGRESS ON THE ROLE OF THE NATIONAL SCIENCE - FOUNDATION. - - It is the sense of Congress that the National Science Foundation is -critical to the expansion of the frontiers of scientific knowledge and -advancing American technological leadership in key technologies, and -that in order to continue to achieve its mission in the face of rising -challenges from strategic competitors, the National Science Foundation -should receive a significant increase in funding, expand its use of its -existing authorities to carry out new and innovative types of -activities, consider new authorities that it may need, and increase -existing activities such as the convergence accelerators aimed at -accelerating the translation of fundamental research for the economic -and national security benefit of the United States. - -SEC. 273. FUNDING FOR NAVY UNIVERSITY RESEARCH INITIATIVES. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 201 for research, development, test, and evaluation, as -specified in the corresponding funding table in section 4201, for -research, development, test, and evaluation, Navy, basic research, -university research initiatives (PE 0601103N), line 001 is hereby -increased by $5,000,000. - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 301 for operation and maintenance, as specified in the -corresponding funding table in section 4301, for operation and -maintenance, Army, admin & servicewide activities, servicewide -communications, line 440 is hereby reduced by $5,000,000. - -SEC. 274. FUNDING FOR ARMY UNIVERSITY RESEARCH INITIATIVES. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 201 for research, development, test, and evaluation, as -specified in the corresponding funding table in section 4201, for -research, development, test, and evaluation, Army, basic research, -university research initiatives (PE 0601103A), line 003 is hereby -increased by $5,000,000. - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 301 for operation and maintenance, as specified in the -corresponding funding table in section 4301, for operation and -maintenance, Army, admin & servicewide activities, servicewide -communications, line 440 is hereby reduced by $5,000,000. - -SEC. 275. REPORT ON CERTAIN AWARDS BY THE AIR FORCE UNDER THE SMALL - BUSINESS INNOVATION RESEARCH PROGRAM AND THE SMALL - BUSINESS TECHNOLOGY TRANSFER PROGRAM. - - The Assistant Secretary of the Air Force for Acquisition Technology -and Logistics shall submit to the Committees on Armed Services of the -House of Representatives and the Senate a report containing a list of -all selections made by the Assistant Secretary during the preceding 5- -year period under the Small Business Innovation Research Program or the -Small Business Technology Transfer Program (as defined under section -9(e) of the Small Business Act (15 U.S.C. 638(e)) that were not -followed with funding awards. The report shall include, for each such -selection-- - (1) the name and contact information of the company - selected; and - (2) the reason the funding award did not follow the - selection. - -SEC. 276. FUNDING FOR BACKPACKABLE COMMUNICATIONS INTELLIGENCE SYSTEM. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 201 for research, development, test, and evaluation, Army, as -specified in the corresponding funding table in section 4201, Network -C3I Technology, Line 17, for the Backpackable Communications -Intelligence System is hereby increased by $5,000,000. - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 301 for operation and maintenance, Defense-wide, as specified -in the corresponding funding table in section 4301, for Admin & Srvwide -Activities, Line 360, Defense Personnel Accounting Agency is hereby -reduced by $5,000,000. - -SEC. 277. FUNDING FOR ARMY UNIVERSITY AND INDUSTRY RESEARCH CENTERS. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 201 for research, development, test, and evaluation, as -specified in the corresponding funding table in section 4201, for -research, development, test, and evaluation, Army, basic research, -university and industry research centers (PE 0601104A), line 004 is -hereby increased by $5,000,000. - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 301 for operation and maintenance, as specified in the -corresponding funding table in section 4301, for operation and -maintenance, Army, admin & servicewide activities, servicewide -communications, line 440 is hereby reduced by $5,000,000. - -SEC. 278. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND MACHINE - LEARNING INITIATIVE OF THE ARMY. + Subtitle A--Authorization of Appropriations - It is the sense of Congress that-- - (1) the additive manufacturing and machine learning - initiative of the Army has the potential to accelerate the - ability to deploy additive manufacturing capabilities in - expeditionary settings and strengthen the United States defense - industrial supply chain; and - (2) Congress and the Department of Defense should continue - to support the additive manufacturing and machine learning - initiative of the Army. - -SEC. 279. TRAINEESHIPS FOR AMERICAN LEADERS TO EXCEL IN NATIONAL - TECHNOLOGY AND SCIENCE. - - (a) In General.--The Secretary of Defense, acting through the Under -Secretary of Defense for Research and Engineering, shall establish a -traineeship program to expand Department of Defense access to domestic -scientific and technological talent in areas of strategic importance to -national security. - (b) Designation.--The traineeship program established under -subsection (a) shall be known as the ``Traineeships for American -Leaders to Excel in National Technology and Science'' or ``TALENTS -program'' (referred to in this section as the ``traineeship program''). - (c) Program Priorities.--The Secretary, in consultation with the -Defense Science Board and the Defense Innovation Board, shall determine -the multidisciplinary fields of study on which the traineeship program -will focus and, in making such determination, shall consider the core -modernization priorities derived from the most recent national defense -strategy provided under section 113(g) of title 10, United States Code. - (d) Participating Institutions.--The Secretary shall establish -partnerships with not fewer than ten eligible institutions selected by -the Secretary for the purposes of the program under subsection (a). - (e) Partnership Activities.--The activities conducted under the -partnerships under subsection (d) between an eligible institution and -the Department of Defense shall include-- - (1) providing traineeships led by faculty for eligible - students described in subsection (h); and - (2) establishing scientific or technical internship - programs for such students. - (f) Preference in Selection of Institutions.--In establishing -partnerships under subsection (d), the Secretary shall consider-- - (1) the relevance of the eligible institution's proposed - partnership to existing and anticipated strategic national - needs, as determined under subsection (c); - (2) the ability of the eligible institution to effectively - carry out the proposed partnership; - (3) the geographic location of an eligible institution as - it relates to the need of the Department of Defense to develop - specific workforce capacity and skills within a particular - region of the country; - (4) whether the eligible institution is a covered minority - institution; - (5) the extent to which the eligible institution's proposal - would-- - (A) include students underrepresented in the fields - of science, technology, engineering, and mathematics; - or - (B) involve partnering with one or more covered - minority institutions; and - (6) the integration of internship opportunities into the - program provided by the eligible institution, including - internships with government laboratories, non-profit research - organizations, and for-profit commercial entities. - (g) Grants.-- - (1) In general.--The Secretary may provide grants to - individuals who are eligible students described in subsection - (h) to-- - (A) participate in activities under subsection (e); - (B) pay tuition, fees, and other costs associated - with participating in such activities; - (C) pay other costs associated with participating - in the traineeship program; and - (D) pay costs associated with other scientific or - technical internship or fellowship programs. - (2) Award totals.--The total amount of grants awarded to - individuals at an eligible institution under this section in - each fiscal year shall not exceed $1,000,000. - (3) Duration.--The duration of each grant under this - section shall not exceed 4 years. - (h) Eligible Students.--In order to receive any grant under this -section, a student shall-- - (1) be a citizen or national of the United States or a - permanent resident of the United States; - (2) be enrolled or accepted for enrollment at an eligible - institution in a masters or doctoral degree program in a field - of study determined under subsection (c); and - (3) if the student is presently enrolled at an institution, - be maintaining satisfactory progress in the course of study the - student is pursuing in accordance section 484(c) of the Higher - Education Act of 1965 (20 U.S.C. 1091(c)). - (i) Preferential Federal Government Hiring.--The Secretary, in -coordination with the Director of the Office of Personnel Management, -shall develop and implement a process by which traineeship program -participants shall receive preferred consideration in hiring activities -conducted by the Department of Defense and each Department of Defense -Laboratory. - (j) Definitions.--In this section: - (1) The term ``eligible institution'' means an institution - of higher education (as defined in section 101 of the Higher - Education Act of 1965 (20 U.S.C. 1001)). - (2) The term ``covered minority institution'' has the - meaning given the term ``covered institution'' in section - 262(g)(2) of the National Defense Authorization Act for Fiscal - Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note). - (3) The term ``Department of Defense Laboratory'' means-- - (A) a laboratory operated by the Department of - Defense or owned by the Department of Defense and - operated by a contractor; or - (B) a facility of a Defense Agency (as defined in - section 101(a) of title 10, United States Code) at - which research and development activities are - conducted. - -SEC. 280. BRIEFING AND REPORT ON USE OF DISTRIBUTED LEDGER TECHNOLOGY - FOR DEFENSE PURPOSES. +Sec. 301. Authorization of appropriations. - (a) Briefing Required.-- - (1) In general.--Not later than 30 days after the date of - the enactment of this Act, Under Secretary of Defense for - Research and Engineering shall provide to the congressional - defense committees a briefing on the potential use of - distributed ledger technology for defense purposes. - (2) Elements.--This briefing under paragraph (1) shall - include-- - (A) an explanation of how distributed ledger - technology may be used by the Department of Defense - to-- - (i) improve cybersecurity, beginning at the - hardware level, of vulnerable assets such as - energy, water, and transport grids through - distributed versus centralized computing; - (ii) reduce single points of failure in - emergency and catastrophe decision-making by - subjecting decisions to consensus validation - through distributed ledger technologies; - (iii) improve the efficiency of defense - logistics and supply chain operations; - (iv) enhance the transparency of - procurement auditing; and - (v) allow innovations to be adapted by the - private sector for ancillary uses; and - (B) any other information that the Under Secretary - of Defense for Research and Engineering determines to - be appropriate. - (b) Report Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Under Secretary of Defense for - Research and Engineering shall submit to the congressional - defense committees a report on the research, development, and - use of distributed ledger technologies for defense purposes. - (2) Elements.--The report under paragraph (1) shall - include-- - (A) a summary of the key points from the briefing - provided under subsection (a); - (B) an analysis of activities that other countries, - including the People's Republic of China and the - Russian Federation, are carrying out with respect to - the research and development of distributed ledger - technologies, including estimates of the types and - amounts of resources directed by such countries to such - activities; - (C) recommendations identifying additional research - and development activities relating to distributed - ledger technologies that should be carried out by the - Department of Defense and cost estimates for such - activities; and - (D) an analysis of the potential benefits of-- - (i) consolidating research on distributed - ledger technologies within the Department; and - (ii) developing within the Department a - single hub or center of excellence for research - on distributed ledger technologies; and - (E) any other information that the Under Secretary - of Defense for Research and Engineering determines to - be appropriate. - -SEC. 281. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO - PROMOTE AND PROTECT THE NATIONAL SECURITY INNOVATION - BASE. - - (a) Special Immigrant Status.--In accordance with the procedures -established under subsection (f)(1), and subject to subsection (c)(1), -the Secretary of Homeland Security may provide an alien described in -subsection (b) (and the spouse and children of the alien if -accompanying or following to join the alien) with the status of a -special immigrant under section 101(a)(27) of the Immigration and -Nationality Act (8 U.S.C. 1101(a)(27)), if the alien-- - (1) submits a classification petition under section - 204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and - (2) is otherwise eligible to receive an immigrant visa and - is otherwise admissible to the United States for permanent - residence. - (b) Aliens Described.--An alien is described in this subsection -if-- - (1) the alien-- - (A) is employed by a United States employer and - engaged in work to promote and protect the National - Security Innovation Base; - (B) is engaged in basic or applied research, funded - by the Department of Defense, through a United States - institution of higher education (as defined in section - 101 of the Higher Education Act of 1965 (20 U.S.C. - 1001)); or - (C) possesses scientific or technical expertise - that will advance the development of critical - technologies identified in the National Defense - Strategy or the National Defense Science and Technology - Strategy, required by section 218 of the John S. McCain - National Defense Authorization Act for Fiscal Year 2019 - (Public Law 115-232; 132 Stat. 1679 ); and - (2) the Secretary of Defense issues a written statement to - the Secretary of Homeland Security confirming that the - admission of the alien is essential to advancing the research, - development, testing, or evaluation of critical technologies - described in paragraph (1)(C) or otherwise serves national - security interests. - (c) Numerical Limitations.-- - (1) In general.--The total number of principal aliens who - may be provided special immigrant status under this section may - not exceed-- - (A) 10 in each of fiscal years 2021 through 2030; - and - (B) 100 in fiscal year 2031 and each fiscal year - thereafter. - (2) Exclusion from numerical limitations.--Aliens provided - special immigrant status under this section shall not be - counted against the numerical limitations under sections - 201(d), 202(a), and 203(b)(4) of the Immigration and - Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b(4)). - (d) Defense Competition for Scientists and Technical Experts.--Not -later than 180 days after the date of the enactment of this Act, the -Secretary of Defense shall develop and implement a process to select, -on a competitive basis from among individuals described in section (b), -individuals for recommendation to the Secretary of Homeland Security -for special immigrant status described in subsection (a). - (e) Authorities.--In carrying out this section, the Secretary of -Defense shall authorize appropriate personnel of the Department of -Defense to use all personnel and management authorities available to -the Department, including the personnel and management authorities -provided to the science and technology reinvention laboratories, the -Major Range and Test Facility Base (as defined in 196(i) of title 10, -United States Code), and the Defense Advanced Research Projects Agency. - (f) Procedures.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Homeland Security and Secretary -of Defense shall jointly establish policies and procedures implementing -the provisions in this section, which shall include procedures for-- - (1) processing of petitions for classification submitted - under subsection (a)(1) and applications for an immigrant visa - or adjustment of status, as applicable; and - (2) thorough processing of any required security - clearances. - (g) Fees.--The Secretary of Homeland Security shall establish a fee -to-- - (1) be charged and collected to process an application - filed under this section; and - (2) that is set at a level that will ensure recovery of the - full costs of such processing and any additional costs - associated with the administration of the fees collected. - (h) Implementation Report Required.--Not later than 360 days after -the date of the enactment of this Act, the Secretary of Homeland -Security and Secretary of Defense shall jointly submit to the -appropriate congressional committees a report that includes-- - (1) a plan for implementing the authorities provided under - this section; and - (2) identification of any additional authorities that may - be required to assist the Secretaries in fully implementing - section. - (i) Program Evaluation and Report.-- - (1) Evaluation.--The Comptroller General of the United - States shall conduct an evaluation of the competitive program - and special immigrant program described in subsections (a) - through (g). - (2) Report.--Not later than October 1, 2025, the - Comptroller General shall submit to the appropriate - congressional committees a report on the results of the - evaluation conducted under paragraph (1). - (j) Definitions.--In this section: - (1) The term ``appropriate congressional committees'' - means-- - (A) the Committee on Armed Services and the - Committee on the Judiciary of the House of - Representatives; and - (B) the Committee on Armed Services and the - Committee on the Judiciary of the Senate. - (2) The term ``National Security Innovation Base'' means - the network of persons and organizations, including Federal - agencies, institutions of higher education, federally funded - research and development centers, defense industrial base - entities, nonprofit organizations, commercial entities, and - venture capital firms that are engaged in the military and non- - military research, development, funding, and production of - innovative technologies that support the national security of - the United States. + Subtitle B--Energy and Environment - TITLE III--OPERATION AND MAINTENANCE +Sec. 311. Military Aviation and Installation Assurance Clearinghouse for + review of mission obstructions. +Sec. 312. Readiness and Environmental Protection Integration Program. +Sec. 313. Extension of real-time sound monitoring at Navy installations + where tactical fighter aircraft operate. +Sec. 314. Modification of authority for environmental restoration + projects of National Guard. +Sec. 315. Modification of authority to carry out military installation + resilience projects. +Sec. 316. Energy resilience and energy security measures on military + installations. +Sec. 317. Modification to availability of energy cost savings for + Department of Defense. +Sec. 318. Increased transparency through reporting on usage and spills + of aqueous film-forming foam at military installations. +Sec. 319. Native American lands environmental mitigation program. +Sec. 320. Study on alternatives to address impacts of transboundary + flows, spills, or discharges of pollution or debris from the + Tijuana River on personnel, activities, and installations of + Department of Defense. +Sec. 321. Pilot program on alternative fuel vehicle purchasing. +Sec. 322. Budgeting of Department of Defense relating to operational + energy improvement. +Sec. 323. Assessment of Department of Defense operational energy usage. +Sec. 324. Improvement of the Operational Energy Capability Improvement + Fund of the Department of Defense. +Sec. 325. Five-year reviews of containment technologies relating to Red + Hill Bulk Fuel Storage Facility. +Sec. 326. Limitation on use of funds for acquisition of furnished energy + for Rhine Ordnance Barracks Army Medical Center. +Sec. 327. Requirement to update Department of Defense adaptation + roadmap. +Sec. 328. Department of Defense report on greenhouse gas emissions + levels. +Sec. 329. Objectives, performance standards, and criteria for use of + wildlife conservation banking programs. +Sec. 330. Prizes for development of non-PFAS-containing fire-fighting + agent. +Sec. 331. Survey of technologies for Department of Defense application + in phasing out the use of fluorinated aqueous film-forming + foam. +Sec. 332. Interagency body on research related to per- and + polyfluoroalkyl substances. +Sec. 333. Restriction on Department of Defense procurement of certain + items containing perfluorooctane sulfonate or + perfluorooctanoic acid. +Sec. 334. Research and development of alternative to aqueous film- + forming foam. +Sec. 335. Notification to agricultural operations located in areas + exposed to Department of Defense PFAS use. +Sec. 336. Reporting on energy savings performance contracts. +Sec. 337. Increase in funding for Centers for Disease Control Study on + health implications of per- and polyfluoroalkyl substances + contamination in drinking water. +Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020. +Sec. 339. Assessment of Department of Defense excess property programs + with respect to need and wildfire risk. + + Subtitle C--Logistics and Sustainment + +Sec. 341. National Defense Sustainment and Logistics Review. +Sec. 342. Repeal of sunset for minimum annual purchase amount for + carriers participating in the Civil Reserve Air Fleet. +Sec. 343. Additional elements for inclusion in Navy ship depot + maintenance budget report. +Sec. 344. Clarification of limitation on length of overseas forward + deployment of currently deployed naval vessels. +Sec. 345. Independent advisory panel on weapon system sustainment. +Sec. 346. Biannual briefings on status of Shipyard Infrastructure + Optimization Plan. +Sec. 347. Materiel readiness metrics and objectives for major weapon + systems. +Sec. 348. Repeal of statutory requirement for notification to Director + of Defense Logistics Agency three years prior to implementing + changes to any uniform or uniform component. - Subtitle A--Authorization of Appropriations + Subtitle D--Munitions Safety and Oversight + +Sec. 351. Chair of Department of Defense explosive safety board. +Sec. 352. Explosive Ordnance Disposal Defense Program. +Sec. 353. Assessment of resilience of Department of Defense munitions + enterprise. +Sec. 354. Report on safety waivers and mishaps in Department of Defense + munitions enterprise. + + Subtitle E--Other Matters + +Sec. 361. Pilot program for temporary issuance of maternity-related + uniform items. +Sec. 362. Servicewomen's Commemorative Partnerships. +Sec. 363. Biodefense analysis and budget submission. +Sec. 364. Update of National Biodefense Implementation Plan. +Sec. 365. Plans and reports on emergency response training for military + installations. +Sec. 366. Inapplicability of congressional notification and dollar + limitation requirements for advance billings for certain + background investigations. +Sec. 367. Adjustment in availability of appropriations for unusual cost + overruns and for changes in scope of work. +Sec. 368. Requirement that Secretary of Defense implement security and + emergency response recommendations relating to active shooter + or terrorist attacks on installations of Department of + Defense. +Sec. 369. Clarification of food ingredient requirements for food or + beverages provided by the Department of Defense. +Sec. 370. Commission on the naming of items of the Department of Defense + that commemorate the Confederate States of America or any + person who served voluntarily with the Confederate States of + America. -SEC. 301. AUTHORIZATION OF APPROPRIATIONS. + Subtitle A--Authorization of Appropriations + SEC. 301. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. -SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 301 for operation and maintenance for Army base operations -support, line 100, as specified in the corresponding funding table in -section 4301, for Army Community Services is hereby increased by -$30,000,000. - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 301 for operation and maintenance, for Army Force Readiness -Operations Support, line 070, as specified in the corresponding funding -table in section 4301, is hereby reduced by $15,000,000. - (c) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 301 for operation and maintenance, for Army Land Forces -Operations Support, as specified in the corresponding funding table in -section 4301, line 050, is hereby reduced by $15,000,000. - -SEC. 303. INCREASE IN FUNDING FOR AIR FORCE RESERVE CONTRACTOR SYSTEMS - SUPPORT. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated for -operation and maintenance, Defense-wide Operating Forces, as specified -in the corresponding funding table in section 4301, for Special -Operations Command maintenance, Line 70, is hereby increased by -$22,000,000. - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated for -operation and maintenance, Air Force Operating Forces, as specified in -the corresponding funding table in section 4301, Administration and -Service-Wide Activities, Line 400, is hereby reduced by $22,000,000. - Subtitle B--Energy and Environment -SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE - FOR REVIEW OF MISSION OBSTRUCTIONS. - + SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE + CLEARINGHOUSE FOR REVIEW OF MISSION OBSTRUCTIONS. Section 183a(c) of title 10, United States Code, is amended-- - (1) by redesignating paragraphs (4) through (6) as - paragraphs (5) through (7), respectively; - (2) by inserting after paragraph (3) the following new - paragraph (4): + (1) in paragraph (2)-- + (A) by striking ``If the Clearinghouse'' and inserting + ``(A) If the Clearinghouse''; and + (B) by adding at the end the following new subparagraph: + ``(B) After the Clearinghouse issues a notice under + subparagraph (A) with respect to an energy project, the parties + should seek to identify feasible and affordable actions that can be + taken by the Department, the developer of such energy project, or + others to mitigate any adverse impact on military operations and + readiness.''; + (2) by redesignating paragraphs (4) through (6) as paragraphs + (5) through (7), respectively; + (3) by inserting after paragraph (3) the following new + paragraph (4): ``(4) If, after issuing the notices of presumed risk required by paragraphs (2) and (3), the Secretary of Defense later concludes for any reason that the energy project will not have an adverse impact on military readiness, the Clearinghouse shall notify the applicant and the governor in writing of that conclusion.''; and - (3) in paragraph (7), as so redesignated, by striking ``Any - setback for a project pursuant to the previous sentence shall - not be more than what is determined to be necessary by a - technical analysis conducted by the Lincoln Laboratory at the - Massachusetts Institute of Technology or any successor - entity.''. - -SEC. 312. MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE - FOR REVIEW OF MISSION OBSTRUCTIONS. - - Section 183a(c) of title 10, United States Code, is amended-- - (1) by redesignating paragraphs (4) through (6) as - paragraphs (5) through (7), respectively; and - (2) by inserting after paragraph (3) the following new - paragraph (4): - ``(4) If, after issuing the notices of presumed risk required by -paragraphs (2) and (3), the Secretary of Defense later concludes for -any reason that the energy project will not have an adverse impact on -military readiness, the Clearinghouse shall notify the applicant and -the governor in writing of that conclusion.''. - -SEC. 313. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON - MILITARY TRAINING, TESTING, AND OPERATIONS. - - Section 2684a of title 10, United States Code, is amended-- - (1) in subsection (b), by striking ``An agreement under - this section may be entered into with'' and inserting ``For - purposes of this section, the term `eligible entity' means''; - and - (2) in subsection (d)(1)(A), by striking ``the entity'' and - inserting ``the eligible entity''. - -SEC. 314. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRONMENTAL - RESTORATION AUTHORITIES TO INCLUDE FEDERAL GOVERNMENT - FACILITIES USED BY NATIONAL GUARD. - - Section 2707(e) of title 10, United States Code, as added by -section 316 of the National Defense Authorization Act for Fiscal Year -2020 (Public Law 116-92, is amended-- - (1) by inserting ``where military activities are conducted - by the state National Guard under title 32,'' after - ``facility''; and - (2) by adding at the end the following new sentence: ``The - Secretary concerned may also utilize the authority in section - 2701(d) of this title for these environmental restoration - projects.''. - -SEC. 315. INCREASED TRANSPARENCY THROUGH REPORTING ON USAGE AND SPILLS - OF AQUEOUS FILM-FORMING FOAM AT MILITARY INSTALLATIONS. - + (4) in paragraph (7), as so redesignated, by striking ``Any + setback for a project pursuant to the previous sentence shall not + be more than what is determined to be necessary by a technical + analysis conducted by the Lincoln Laboratory at the Massachusetts + Institute of Technology or any successor entity.''. + SEC. 312. READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION + PROGRAM. + (a) Use of Funds.--Section 2684a(i) of title 10, United States +Code, is amended by adding at the end the following new paragraph: + ``(3) Funds obligated to carry out an agreement under this section +shall be available for use with regard to any property in the +geographic scope specified in the agreement-- + ``(A) at the time the funds are obligated; and + ``(B) in any subsequent modification to the agreement.''. + (b) Clarification of References to Eligible Entities.-- + (1) Definition.--Subsection (b) of section 2684a of title 10, + United States Code, is amended, in the matter preceding paragraph + (1), by striking ``An agreement under this section may be entered + into with'' and inserting ``For purposes of this section, an + eligible entity is''. + (2) Acquisition of property and interests.--Subsection (d)(1) + of such section is amended by striking ``the entity or entities'' + each place it appears and inserting ``an eligible entity or + entities''. + (3) Retroactive application.--The amendments made by paragraphs + (1) and (2) shall apply to any agreement entered into under section + 2684a of title 10, United States Code, on or after December 2, + 2002. + (c) Facilitating Agreements With Other Federal Agencies to Limit +Encroachments.--Section 2684a(d)(5) of title 10, United States Code, is +amended-- + (1) in the second sentence of subparagraph (A), by inserting + ``or another Federal agency'' after ``to a State'' both places it + appears; and + (2) by striking subparagraph (B) and inserting the following: + ``(B) Notwithstanding subparagraph (A), if all or a portion of the +property or interest acquired under the agreement is initially or +subsequently transferred to a State or another Federal agency, before +that State or other Federal agency may declare the property or interest +in excess to its needs or propose to exchange the property or interest, +the State or other Federal agency shall give the Secretary concerned +reasonable advance notice of its intent. If the Secretary concerned +determines it necessary to preserve the purposes of this section, the +Secretary concerned may request that administrative jurisdiction over +the property be transferred to the Secretary concerned at no cost, and, +upon such a request being made, the administrative jurisdiction over +the property shall be transferred accordingly. If the Secretary +concerned does not make such a request within a reasonable time period, +all such rights of the Secretary concerned to request transfer of the +property or interest shall remain available to the Secretary concerned +with respect to future transfers or exchanges of the property or +interest and shall bind all subsequent transferees.''. + SEC. 313. EXTENSION OF REAL-TIME SOUND MONITORING AT NAVY + INSTALLATIONS WHERE TACTICAL FIGHTER AIRCRAFT OPERATE. + Section 325(a)(1) of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92) is amended by striking ``a 12- +month period'' and inserting ``two 12-month periods, including one such +period that begins in fiscal year 2021''. + SEC. 314. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RESTORATION + PROJECTS OF NATIONAL GUARD. + (a) In General.--Section 2707(e) of title 10, United States Code, +is amended-- + (1) by striking ``Notwithstanding'' and inserting ``(1) + Notwithstanding''; + (2) by inserting ``where military activities are conducted by + the National Guard of a State under title 32'' after ``facility''; + and + (3) by adding at the end the following new paragraph: + ``(2) The Secretary concerned may use the authority under section +2701(d) of this title to carry out environmental restoration projects +under paragraph (1).''. + (b) Correction of Definition of Facility.--Paragraph (1) of section +2700 of such title is amended-- + (1) in subparagraph (A), by striking ``(A) The terms'' and + inserting ``The term''; and + (2) by striking subparagraph (B). + SEC. 315. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY + INSTALLATION RESILIENCE PROJECTS. + (a) Modification of Authority.--Section 2815 of title 10, United +States Code is amended-- + (1) in subsection (a), by inserting ``(except as provided in + subsections (d)(3) and (e))'' before the period at the end; + (2) in subsection (c), by striking ``A project'' and inserting + ``Except as provided in subsection (e)(2), a project''; + (3) by redesignating subsection (d) as subsection (f); and + (4) by inserting after subsection (c) the following new + subsections: + ``(d) Location of Projects.--Projects carried out pursuant to this +section may be carried out-- + ``(1) on a military installation; + ``(2) on a facility used by the Department of Defense that is + owned and operated by a State, the District of Columbia, the + Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth + of the Northern Mariana Islands, or the Virgin Islands, even if the + facility is not under the jurisdiction of the Department of + Defense, if the Secretary of Defense determines that the facility + is subject to significant use by the armed forces for testing or + training; or + ``(3) outside of a military installation or facility described + in paragraph (2) if the Secretary concerned determines that the + project would preserve or enhance the resilience of-- + ``(A) a military installation; + ``(B) a facility described in paragraph (2); or + ``(C) community infrastructure determined by the Secretary + concerned to be necessary to maintain, improve, or rapidly + reestablish installation mission assurance and mission- + essential functions. + ``(e) Alternative Funding Source.--(1) In carrying out a project +under this section, the Secretary concerned may use amounts available +for operation and maintenance for the military department concerned if +the Secretary concerned submits a notification to the congressional +defense committees of the decision to carry out the project using such +amounts and includes in the notification-- + ``(A) the current estimate of the cost of the project; + ``(B) the source of funds for the project; and + ``(C) a certification that deferral of the project for + inclusion in the next Military Construction Authorization Act would + be inconsistent with national security or the protection of health, + safety, or environmental quality, as the case may be. + ``(2) A project carried out under this section using amounts under +paragraph (1) may be carried out only after the end of the 7-day period +beginning on the date on which a copy of the notification described in +paragraph (1) is provided in an electronic medium pursuant to section +480 of this title. + ``(3) The maximum aggregate amount that the Secretary concerned may +obligate from amounts available to the military department concerned +for operation and maintenance in any fiscal year for projects under the +authority of this subsection is $100,000,000.''. + (b) Consideration of Military Installation Resilience in Agreements +and Interagency Cooperation.--Section 2684a of such title is amended-- + (1) in subsection (a)-- + (A) in paragraph (2)(B)-- + (i) by striking clause (ii); and + (ii) in clause (i)-- + + (I) by striking ``(i)''; and + (II) by striking ``; or'' and inserting a + semicolon; + + (B) by redesignating paragraph (3) as paragraph (4); and + (C) by inserting after paragraph (2) the following new + paragraph (3): + ``(3) maintaining or improving military installation + resilience; or''; and + (2) by amending subsection (h) to read as follows: + ``(h) Interagency Cooperation in Conservation and Resilience +Programs to Avoid or Reduce Adverse Impacts on Military Installation +Resilience and Military Readiness Activities.--In order to facilitate +interagency cooperation and enhance the effectiveness of actions that +will protect the environment, military installation resilience, and +military readiness, the recipient of funds provided pursuant to an +agreement under this section or under the Sikes Act (16 U.S.C. 670 et +seq.) may, with regard to the lands and waters within the scope of the +agreement, use such funds to satisfy any matching funds or cost-sharing +requirement of any conservation or resilience program of any Federal +agency notwithstanding any limitation of such program on the source of +matching or cost-sharing funds.''. + SEC. 316. ENERGY RESILIENCE AND ENERGY SECURITY MEASURES ON + MILITARY INSTALLATIONS. + (a) In General.--Subchapter I of chapter 173 of title 10, United +States Code, is amended by inserting after section 2919 the following +new section: +``Sec. 2920. Energy resilience and energy security measures on military + installations + ``(a) Energy Resilience Measures.--(1) The Secretary of Defense +shall, by the end of fiscal year 2030, provide that 100 percent of the +energy load required to maintain the critical missions of each +installation have a minimum level of availability of 99.9 percent per +fiscal year. + ``(2) The Secretary of Defense shall issue standards establishing +levels of availability relative to specific critical missions, with +such standards providing a range of not less than 99.9 percent +availability per fiscal year and not more than 99.9999 percent +availability per fiscal year, depending on the criticality of the +mission. + ``(3) The Secretary may establish interim goals to take effect +prior to fiscal year 2025 to ensure the requirements under this +subsection are met. + ``(4) The Secretary of each military department and the head of +each Defense Agency shall ensure that their organizations meet the +requirements of this subsection. + ``(b) Planning.--(1) The Secretary of Defense shall require the +Secretary of each military department and the head of each Defense +Agency to plan for the provision of energy resilience and energy +security for installations. + ``(2) Planning under paragraph (1) shall-- + ``(A) promote the use of multiple and diverse sources of + energy, with an emphasis favoring energy resources originating on + the installation such as modular generation; + ``(B) promote installing microgrids to ensure the energy + security and energy resilience of critical missions; and + ``(C) favor the use of full-time, installed energy sources + rather than emergency generation. + ``(c) Development of Information.--The planning required by +subsection (b) shall identify each of the following for each +installation: + ``(1) The critical missions of the installation. + ``(2) The energy requirements of those critical missions. + ``(3) The duration that those energy requirements are likely to + be needed in the event of a disruption or emergency. + ``(4) The current source of energy provided to those critical + missions. + ``(5) The duration that the currently provided energy would + likely be available in the event of a disruption or emergency. + ``(6) Any currently available sources of energy that would + provide uninterrupted energy to critical missions in the event of a + disruption or emergency. + ``(7) Alternative sources of energy that could be developed to + provide uninterrupted energy to critical missions in the event of a + disruption or emergency. + ``(d) Testing and Measuring.--(1)(A) The Secretary of Defense shall +require the Secretary of each military department and head of each +Defense Agency to conduct monitoring, measuring, and testing to provide +the data necessary to comply with this section. + ``(B) Any data provided under subparagraph (A) shall be made +available to the Assistant Secretary of Defense for Sustainment upon +request. + ``(2)(A) The Secretary of Defense shall require that black start +exercises be conducted to assess the energy resilience and energy +security of installations for periods established to evaluate the +ability of the installation to perform critical missions without access +to off-installation energy resources. + ``(B) A black start exercise conducted under subparagraph (A) may +exclude, if technically feasible, housing areas, commissaries, +exchanges, and morale, welfare, and recreation facilities. + ``(C) The Secretary of Defense shall-- + ``(i) provide uniform policy for the military departments and + the Defense Agencies with respect to conducting black start + exercises; and + ``(ii) establish a schedule of black start exercises for the + military departments and the Defense Agencies, with each military + department and Defense Agency scheduled to conduct such an exercise + on a number of installations each year sufficient to allow that + military department or Defense Agency to meet the goals of this + section, but in any event not fewer than five installations each + year for each military department through fiscal year 2027. + ``(D)(i) Except as provided in clause (ii), the Secretary of each +military department shall, notwithstanding any other provision of law, +conduct black start exercises in accordance with the schedule provided +for in subparagraph (C)(ii), with any such exercise not to last longer +than five days. + ``(ii) The Secretary of a military department may conduct more +black start exercises than those identified in the schedule provided +for in subparagraph (C)(ii). + ``(e) Contract Requirements.--For contracts for energy and utility +services, the Secretary of Defense shall-- + ``(1) specify methods and processes to measure, manage, and + verify compliance with subsection (a); and + ``(2) ensure that such contracts include requirements + appropriate to ensure energy resilience and energy security, + including requirements for metering to measure, manage, and verify + energy consumption, availability, and reliability consistent with + this section and the energy resilience metrics and standards under + section 2911(b) of this title. + ``(f) Exception.--This section does not apply to fuels used in +aircraft, vessels, or motor vehicles. + ``(g) Report.--If by the end of fiscal year 2029, the Secretary +determines that the Department will be unable to meet the requirements +under subsection (a), not later than 90 days after the end of such +fiscal year, the Secretary shall submit to the Committees on Armed +Services of the Senate and House of Representatives a report +detailing-- + ``(1) the projected shortfall; + ``(2) reasons for the projected shortfall; + ``(3) any statutory, technological, or monetary impediments to + achieving such requirements; + ``(4) any impact to readiness or ability to meet the national + defense posture; and + ``(5) any other relevant information as the Secretary considers + appropriate. + ``(h) Definitions.--In this section: + ``(1) The term `availability' means the availability of + required energy at a stated instant of time or over a stated period + of time for a specific purpose. + ``(2) The term `black start exercise' means an exercise in + which delivery of energy provided from off an installation is + terminated before backup generation assets on the installation are + turned on. Such an exercise shall-- + ``(A) determine the ability of the backup systems to start + independently, transfer the load, and carry the load until + energy from off the installation is restored; + ``(B) align organizations with critical missions to + coordinate in meeting critical mission requirements; + ``(C) validate mission operation plans, such as continuity + of operations plans; + ``(D) identify infrastructure interdependencies; and + ``(E) verify backup electric power system performance. + ``(3) The term `critical mission'-- + ``(A) means those aspects of the missions of an + installation, including mission essential operations, that are + critical to successful performance of the strategic national + defense mission; + ``(B) may include operational headquarters facilities, + airfields and supporting infrastructure, harbor facilities + supporting naval vessels, munitions production and storage + facilities, missile fields, radars, satellite control + facilities, cyber operations facilities, space launch + facilities, operational communications facilities, and + biological defense facilities; and + ``(C) does not include military housing (including + privatized military housing), morale, welfare, and recreation + facilities, exchanges, commissaries, or privately owned + facilities. + ``(4) The term `energy' means electricity, natural gas, steam, + chilled water, and heated water. + ``(5) The term `installation' has the meaning given the term + `military installation' in section 2801(c)(4) of this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +subchapter I of chapter 173 of such title is amended by inserting after +the item relating to section 2919 the following new item: + +``2920. Energy resilience and energy security measures on military + installations.''. + SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS FOR + DEPARTMENT OF DEFENSE. + Section 2912(a) of title 10, United States Code, is amended by +inserting ``and, in the case of operational energy, from both training +and operational missions,'' after ``under section 2913 of this +title,''. + SEC. 318. INCREASED TRANSPARENCY THROUGH REPORTING ON USAGE AND + SPILLS OF AQUEOUS FILM-FORMING FOAM AT MILITARY INSTALLATIONS. (a) In General.--Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2712. Reporting on usage and spills of aqueous film-forming foam ``(a) In General.--Not later than 48 hours after the Deputy Assistant Secretary of Defense for Environment receives notice of the -usage or spill of aqueous film-forming foam, either as concentrate or +usage or spill of aqueous film forming foam, either as concentrate or mixed foam, at any military installation, the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the -Senate and House of Representatives notice of such usage or spill. Each -such notice shall include each of the following: - ``(1) The name of the installation where the usage or spill - occurred. - ``(2) The date on which the usage or spill occurred. - ``(3) The amount, type, and specified concentration of - aqueous film-forming foam that was used or spilled. - ``(4) The cause of the usage or spill. - ``(5) A summary narrative of the usage or spill. - ``(6) A description of what actions have been taken to - arrest and clean up the spill. - ``(7) A description of coordination with relevant local and - State authorities and environmental protection agencies. - ``(b) Action Plan.--Not later than 30 days after submitting notice +Senate and the House of Representatives notice of a usage or spill of +greater than 10 gallons of concentrate, or greater than 300 gallons of +mixed foam. Each such notice shall include each of the following +information: + ``(1) The name of the installation where the usage or spill + occurred. + ``(2) The date on which the usage or spill occurred. + ``(3) The amount, type, and specified concentration of aqueous + film-forming foam that was used or spilled. + ``(4) The cause of the usage or spill. + ``(5) A summary narrative of the usage or spill. + ``(b) Action Plan.--Not later than 60 days after submitting notice of a usage or spill under subsection (a), the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the -Senate and House of Representatives an action plan for addressing such -usage or spill.''. +Senate and the House of Representatives an action plan for addressing +such usage or spill. The action plan shall include the following: + ``(1) A description of what actions have been taken to arrest + and clean up a spill. + ``(2) A description of any coordination with relevant local and + State environmental protection agencies.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2712. Reporting on usage and spills of aqueous film-forming foam.''. + SEC. 319. NATIVE AMERICAN LANDS ENVIRONMENTAL MITIGATION PROGRAM. + (a) In General.--Chapter 160 of title 10, United States Code, as +amended by section 318(a), is further amended by adding at the end the +following new section: +``Sec. 2713. Native American lands environmental mitigation program + ``(a) Establishment.--The Secretary of Defense may establish and +carry out a program to mitigate the environmental effects of actions by +the Department of Defense on Indian lands and on other locations where +the Department, an Indian tribe, and the current land owner agree that +such mitigation is appropriate. + ``(b) Program Activities.--The activities that may be carried out +under the program established under subsection (a) are the following: + ``(1) Identification, investigation, and documentation of + suspected environmental effects attributable to past actions by the + Department of Defense. + ``(2) Development of mitigation options for such environmental + effects, including development of cost-to-complete estimates and a + system for prioritizing mitigation actions. + ``(3) Direct mitigation actions that the Secretary determines + are necessary and appropriate to mitigate the adverse environmental + effects of past actions by the Department. + ``(4) Demolition and removal of unsafe buildings and structures + used by, under the jurisdiction of, or formerly used by or under + the jurisdiction of the Department. + ``(5) Training, technical assistance, and administrative + support to facilitate the meaningful participation of Indian tribes + in mitigation actions under the program. + ``(6) Development and execution of a policy governing + consultation with Indian tribes that have been or may be affected + by action by the Department, including training personnel of the + Department to ensure compliance with the policy. + ``(c) Cooperative Agreements.--(1) In carrying out the program +established under subsection (a), the Secretary of Defense may enter +into a cooperative agreement with an Indian tribe or an instrumentality +of tribal government. + ``(2) Notwithstanding chapter 63 of title 31, a cooperative +agreement under this section may be used to acquire property or +services for the direct benefit of the United States Government. + ``(3) A cooperative agreement under this section for the +procurement of severable services may begin in one fiscal year and end +in another fiscal year only if the total period of performance does not +exceed two calendar years. + ``(d) Definitions.--In this section: + ``(1) The term `Indian land' includes-- + ``(A) any land located within the boundaries and a part of + an Indian reservation, pueblo, or rancheria; + ``(B) any land that has been allotted to an individual + Indian but has not been conveyed to such Indian with full power + of alienation; + ``(C) Alaska Native village and regional corporation lands; + and + ``(D) lands and waters upon which any federally recognized + Indian tribe has rights reserved by treaty, Act of Congress, or + action by the President. + ``(2) The term `Indian tribe' means any Indian tribe, band, + nation, or other organized group or community, including any Alaska + Native village or regional or village corporation as defined in or + established pursuant to the Alaska Native Claims Settlement Act (43 + U.S.C. 1601 et seq.), which is recognized as eligible for the + special programs and services provided by the United States to + Indians because of their status as Indians. + ``(e) Limitation.--Nothing in this section shall be interpreted to +require, compel, or otherwise authorize access to any lands without the +landowner's consent.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 160 of such title, as amended by section 318(b), is further +amended by inserting after the item relating to section 2712 the +following new item: -SEC. 316. REPLACEMENT OF NON-TACTICAL MOTOR VEHICLES AT THE END OF - SERVICE LIFE WITH ELECTRIC OR HYBRID MOTOR VEHICLES. - - Section 2922g of title 10, United States Code, is amended-- - (1) by redesignating subsections (b) and (c) as subsections - (c) and (d), respectively; - (2) by inserting after subsection (a) the following new - subsection (b): - ``(b) End of Life Replacement.--Upon the end of the lease or -service life of a motor vehicle, the Secretary of the military -department or the head of the Defense Agency shall, to the maximum -extent possible, replace such motor vehicle with a motor vehicle that -uses an electric or hybrid propulsion system, including a plug-in -hybrid system.''; - (3) in subsection (c), as so redesignated, by striking - ``Subsection (a) does not'' and inserting ``Subsections (a) and - (b) do not''; - (4) in subsection (d), as so redesignated, by striking - ``The preference required by subsection (a) does not'' and - inserting ``The preference under subsection (a) and the - requirement under subsection (b) do not''; and - (5) by inserting after subsection (d) the following new - subsection: - ``(e) Inclusion of Off-Road Vehicles.--In this section, the term -`motor vehicle' includes off-road vehicles, including construction or -agricultural equipment.''. - -SEC. 317. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO OPERATIONAL - ENERGY IMPROVEMENT. - +``2713. Native American lands environmental mitigation program.''. + SEC. 320. STUDY ON ALTERNATIVES TO ADDRESS IMPACTS OF TRANSBOUNDARY + FLOWS, SPILLS, OR DISCHARGES OF POLLUTION OR DEBRIS FROM THE + TIJUANA RIVER ON PERSONNEL, ACTIVITIES, AND INSTALLATIONS OF + DEPARTMENT OF DEFENSE. + (a) Study.--Not later than 90 days after the date of the enactment +of this Act, the Secretary of Defense, in coordination with the +Administrator of the Environmental Protection Agency, the Secretary of +State, and the United States Commissioner of the International Boundary +and Water Commission, shall develop criteria for the selection of +project alternatives to address the impacts of transboundary flows, +spills, or discharges of pollution or debris from the Tijuana River on +the personnel, activities, and installations of the Department of +Defense. + (b) Elements.--The projects referred to in subsection (b) shall +address the short-term, long-term, primary, and secondary impacts of +transboundary flows, spills, or discharges of pollution or debris from +the Tijuana River and include recommendations to mitigate such impacts. + SEC. 321. PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE PURCHASING. + (a) In General.--The Secretary of Defense, in coordination with the +Secretary of Energy and the Administrator of the General Services +Administration, shall carry out a pilot program under which the +Secretary of Defense may, notwithstanding section 400AA of the Energy +Policy and Conservation Act (42 U.S.C. 6374), purchase new alternative +fuel vehicles for which the initial cost of such vehicles exceeds the +initial cost of a comparable gasoline or diesel fueled vehicle by not +more than 10 percent. + (b) Locations.-- + (1) In general.--The Secretary of Defense shall carry out the + pilot program under subsection (a) at not fewer than 2 facilities + or installations of each military department in the continental + United States that-- + (A) have the largest total number of attached noncombat + vehicles as compared to other facilities or installations of + the Department of Defense; and + (B) are located within 20 miles of public or private + refueling or recharging stations. + (2) Air force logistics center.--One of the facilities or + installations selected under paragraph (1) shall be an Air Force + Logistics Center. + (c) Alternative Fuel Vehicle Defined.--In this section, the term +``alternative fuel vehicle'' includes a vehicle that uses-- + (1) a fuel or power source described in the first sentence of + section 241(2)of the Clean Air Act (42 U.S.C. 7581(2)); or + (2) propane. + SEC. 322. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO + OPERATIONAL ENERGY IMPROVEMENT. The Secretary of Defense shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code, a dedicated budget line item for fielding operational energy improvements, including such improvements for which funds from the Operational Energy Capability Improvement Fund have been expended to create the operational and business case for broader employment. - -SEC. 318. ASSESSMENT OF DEPARTMENT OF DEFENSE OPERATIONAL ENERGY USAGE. - + SEC. 323. ASSESSMENT OF DEPARTMENT OF DEFENSE OPERATIONAL ENERGY + USAGE. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center with @@ -7693,340 +8199,264 @@ of Department of Defense operational energy usage, including an agency- wide view and breakdowns of progress by service branch. (b) Elements.--The assessment required under subsection (a) shall include-- - (1) an analysis of the extent to which the Department of - Defense developed an integrated operational energy strategy and - the extent to which each of the military departments has - implemented such strategy; - (2) an analysis of the viability of implementing net zero - initiatives or meeting net zero goals within the operational - energy enterprise without negatively impacting mission - capability; - (3) an analysis of fossil fuel reduction regimes that may - maximize reduction of reliance on fossil fuels, including - impacts of lowering the reliance on fossil fuels, decreasing - the need for refueling convoys, overcoming the tyranny of - distance within United States Indo-Pacific Command through - hybrid or other fuel efficient propulsion systems, and energy - production, storage, and distribution systems that enhance - logistics supply chain resiliency; - (4) a description of the options for achieving fossil fuel - reduction benchmarks with respect to operational energy of 25 - percent, 50 percent, 75 percent, and 100 percent, using fiscal - year 2020 as the benchmark, including anticipated funding - requirements, statutory requirements, infrastructure needs, and - timeframes; and - (5) an analysis of the integration between energy offices - with program offices, budget, and operational planners within - the Department of Defense and military departments, and - recommendations for improving coordination. + (1) an analysis of the extent to which the Department of + Defense developed an integrated operational energy strategy and the + extent to which each of the military departments has implemented + such strategy; + (2) an analysis of the viability of implementing net zero + initiatives within the operational energy enterprise without + negatively impacting mission capability; + (3) an analysis of ways to overcome contested logistics + challenges such as the tyranny of distance within the United States + Indo-Pacific Command, including-- + (A) strategies to improve the energy production, storage, + and distribution system that enhance logistics supply chain + resiliency; and + (B) ways to reduce the demand for resupply to decrease the + strain on the logistics supply chain; and + (4) an analysis of the integration between energy offices with + program offices, budget, and operational planners within the + Department of Defense and military departments, and recommendations + for improving coordination. (c) Form of Report.--The report required under this section shall be submitted in unclassified form, but may contain a classified annex. - -SEC. 319. IMPROVEMENT OF THE OPERATIONAL ENERGY CAPABILITY IMPROVEMENT - FUND OF THE DEPARTMENT OF DEFENSE. - + SEC. 324. IMPROVEMENT OF THE OPERATIONAL ENERGY CAPABILITY + IMPROVEMENT FUND OF THE DEPARTMENT OF DEFENSE. (a) Management of the Operational Energy Capability Improvement -Fund.--The Under Secretary of Defense for Acquisition and Sustainment -shall exercise authority, direction, and control over the Operational -Energy Capability Improvement Fund of the Department of Defense (in -this section referred to as the ``OECIF''). +Fund.--The Assistant Secretary of Defense for Energy, Installations, +and Environment shall exercise authority, direction, and control over +the Operational Energy Capability Improvement Fund of the Department of +Defense (in this section referred to as the ``OECIF''). (b) Alignment and Coordination With Related Programs.-- - (1) Realignment of oecif.--Not later than 60 days after the - date of the enactment of this Act, the Secretary of Defense - shall realign the OECIF under the Assistant Secretary of - Defense for Sustainment, with such realignment to include - personnel positions adequate for the mission of the OECIF. - (2) Better coordination with related programs.--The - Assistant Secretary shall ensure that this placement - facilitates better alignment between OECIF, the Strategic - Environmental Research Program, the Environmental Security - Technology Certification Program, and the Operational Energy - Prototyping Program is utilized to advance common goals of the - Department, promote organizational synergies, and avoid - unnecessary duplication of effort. + (1) Realignment of oecif.--Not later than 60 days after the + date of the enactment of this Act, the Secretary of Defense shall + realign the OECIF under the Assistant Secretary of Defense for + Energy, Installations, and Environment, with such realignment to + include personnel positions adequate for the mission of the OECIF. + (2) Better coordination with related programs.--The Assistant + Secretary shall ensure that the placement under the authority of + the Assistant Secretary of the OECIF along with the Strategic + Environmental Research Program, the Environmental Security + Technology Certification Program, and the Operational Energy + Prototyping Program is utilized to advance common goals of the + Department, promote organizational synergies, and avoid unnecessary + duplication of effort. (c) Program for Operational Energy Prototyping.-- - (1) In general.--Commencing not later than 90 days after - the date of the enactment of this Act, the Secretary of - Defense, through the Under Secretary of Defense for Acquisition - and Sustainment, shall carry out a program for the - demonstration of technologies related to operational energy - prototyping, including demonstration of operational energy - technology and validation prototyping. - (2) Operation of program.--The Secretary shall ensure that - the program under paragraph (1) operates in conjunction with - the OECIF to promote the transfer of innovative technologies - that have successfully established proof of concept for use in - production or in the field. - (3) Program elements.--In carrying out the program under - paragraph (1) the Secretary shall-- - (A) identify and demonstrate the most promising, - innovative, and cost-effective technologies and methods - that address high-priority operational energy - requirements of the Department of Defense; - (B) in conducting demonstrations under subparagraph - (A), the Secretary shall-- - (i) collect cost and performance data to - overcome barriers against employing an - innovative technology because of concerns - regarding technical or programmatic risk; and - (ii) ensure that components of the - Department have time to establish new - requirements where necessary and plan, program, - and budget for technology transition to - programs of record; - (C) utilize project structures similar to those of - the OECIF to ensure transparency and accountability - throughout the efforts conducted under the program; and - (D) give priority, in conjunction with the OECIF, - to the development and fielding of clean technologies - that reduce reliance on fossil fuels. - (4) Tool for accountability and transition.-- - (A) In general.--In carrying out the program under - paragraph (1), the Secretary shall develop and utilize - a tool to track relevant investments in operational - energy from applied research to transition to use to - ensure user organizations have the full picture of - technology maturation and development. - (B) Transition.--The tool developed and utilized - under subparagraph (A) shall be designed to overcome - transition challenges with rigorous and well-documented - demonstrations that provide the information needed by - all stakeholders for acceptance of the technology. - -SEC. 320. FIVE-YEAR REVIEWS OF CONTAINMENT TECHNOLOGIES RELATING TO RED - HILL BULK FUEL STORAGE FACILITY. - + (1) In general.--Commencing not later than 90 days after the + date of the enactment of this Act, the Secretary of Defense, + through the Assistant Secretary of Defense for Energy, + Installations, and Environment, shall carry out a program for the + demonstration of technologies related to operational energy + prototyping, including demonstration of operational energy + technology and validation prototyping. + (2) Operation of program.--The Secretary shall ensure that the + program under paragraph (1) operates in conjunction with the OECIF + to promote the transfer of innovative technologies that have + successfully established proof of concept for use in production or + in the field. + (3) Program elements.--In carrying out the program under + paragraph (1) the Secretary shall-- + (A) identify and demonstrate the most promising, + innovative, and cost-effective technologies and methods that + address high-priority operational energy requirements of the + Department of Defense; + (B) in conducting demonstrations under subparagraph (A)-- + (i) collect cost and performance data to overcome + barriers against employing an innovative technology because + of concerns regarding technical or programmatic risk; and + (ii) ensure that components of the Department have time + to establish new requirements where necessary and plan, + program, and budget for technology transition to programs + of record; + (C) utilize project structures similar to those of the + OECIF to ensure transparency and accountability throughout the + efforts conducted under the program; and + (D) give priority, in conjunction with the OECIF, to the + development and fielding of clean technologies that reduce + reliance on fossil fuels. + (4) Tool for accountability and transition.-- + (A) In general.--In carrying out the program under + paragraph (1) the Secretary shall develop and utilize a tool to + track relevant investments in operational energy from applied + research to transition to use to ensure user organizations have + the full picture of technology maturation and development. + (B) Transition.--The tool developed and utilized under + subparagraph (A) shall be designed to overcome transition + challenges with rigorous and well-documented demonstrations + that provide the information needed by all stakeholders for + acceptance of the technology. + (5) Locations.-- + (A) In general.--The Secretary shall carry out the testing + and evaluation phase of the program under paragraph (1) at + installations of the Department of Defense or in conjunction + with exercises conducted by the Joint Staff, a combatant + command, or a military department. + (B) Formal demonstrations.--The Secretary shall carry out + any formal demonstrations under the program under paragraph (1) + at installations of the Department or in operational settings + to document and validate improved warfighting performance and + cost savings. + SEC. 325. FIVE-YEAR REVIEWS OF CONTAINMENT TECHNOLOGIES RELATING TO + RED HILL BULK FUEL STORAGE FACILITY. (a) Reviews.-- - (1) Reviews required.--At least once every 5 years, the - Secretary of the Navy shall conduct a review of available - technologies relating to the containment of fuel to determine - whether any such technology may be used to improve the - containment of fuel with respect to storage tanks located at - the Red Hill Bulk Fuel Storage Facility, Hawaii. - (2) Deadline for initial review.--The Secretary shall begin - the first review under paragraph (1) by not later than the date - that is 1 year after the date of the enactment of this Act. + (1) Reviews required.--At least once every 5 years, + concurrently with the Department of the Navy's Tank Upgrade + Alternative (TUA) decision review, the Secretary of the Navy shall + conduct a review of available technologies relating to the + containment of fuel to determine whether any such technology may be + used to improve the containment of fuel with respect to storage + tanks located at the Red Hill Bulk Fuel Storage Facility, Hawaii. + (2) Deadline for initial review.--The Secretary shall conduct + the first review under paragraph (1) concurrent with the first TUA + decision review conducted after the date of the enactment of this + Act. (b) Briefings.--Not later than 60 days after the date on which a review conducted under subsection (a) is completed, the Secretary shall provide to the congressional defense committees a briefing on-- - (1) any technology identified in such review that the - Secretary determines may be used to improve the containment of - fuel with respect to storage tanks located at the Red Hill Bulk - Fuel Storage Facility; and - (2) the feasibility and cost of implementing any such - technology at the Red Hill Bulk Fuel Storage Facility. + (1) any technology identified in such review that the Secretary + determines may be used to improve the containment of fuel with + respect to storage tanks located at the Red Hill Bulk Fuel Storage + Facility; and + (2) the feasibility and cost of implementing any such + technology at the Red Hill Bulk Fuel Storage Facility. (c) Termination.--The requirements to conduct reviews under subsection (a) and provide briefings under subsection (b) shall terminate on the date on which the Red Hill Bulk Fuel Storage Facility ceases operation, as determined by the Secretary of the Navy. - -SEC. 321. LIMITATION ON USE OF FUNDS FOR ACQUISITION OF FURNISHED - ENERGY FOR RHINE ORDNANCE BARRACKS ARMY MEDICAL CENTER. - + SEC. 326. LIMITATION ON USE OF FUNDS FOR ACQUISITION OF FURNISHED + ENERGY FOR RHINE ORDNANCE BARRACKS ARMY MEDICAL CENTER. None of the funds authorized to be appropriated by this Act or -otherwise made available for the Department of Defense for fiscal year -2021 may be used to enter into a contract for the acquisition of +otherwise made available for fiscal year 2021 for the Department of +Defense may be used to enter into a contract for the acquisition of furnished energy for the new Rhine Ordnance Barracks Army Medical Center (hereafter referred to as the ``Medical Center'') before the date on which Secretary of Defense submits to the congressional defense committees a written certification that the Medical Center does not use any energy sourced from inside the Russian Federation as a means of generating the furnished energy. - -SEC. 322. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE CLIMATE CHANGE - ROADMAP. - + SEC. 327. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE ADAPTATION + ROADMAP. (a) In General.--Not later than February 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an update to the Department of Defense -2014 Climate Change Adaptation Roadmap. Such update shall include an -outline of the strategy and implementation plan of the Department to -address the current and foreseeable effects of climate change on the -mission of the Department of Defense. +2014 Adaptation Roadmap. Such update shall include an outline of the +strategy and implementation plan of the Department to address the +current and foreseeable effects of extreme weather and sea level +fluctuations on the mission of the Department of Defense. (b) Elements of Strategy and Implementation Plan.--The strategy and implementation plan required to be included in the update under subsection (a) shall include-- - (1) a description of the overarching approach of the - Department to climate adaptation and climate mitigation - measures; - (2) a discussion of the current and foreseeable effects of - climate change on-- - (A) plans and operations, including-- - (i) military readiness; - (ii) increased frequency of extreme weather - events, including flooding, drought, - desertification, wildfires, thawing permafrost, - hurricanes, and extreme heat; - (iii) conflicts or disputes, emerging - threats, and instability caused or exacerbated - by climate change, including tensions related - to drought, famine, infectious disease, - geoengineering, energy transitions, extreme - weather, migration, and competition for scarce - resources; - (iv) increased demand for Defense Support - for Civil Authorities and disaster or - humanitarian relief operations; - (v) the operating environment of the Arctic - and of the strategic and geopolitical - implications of a progressively more ice-free - Arctic Ocean; and - (vi) alteration or limitation on operation - environments; - (B) training and testing, including-- - (i) changes in land carrying capacity; - (ii) increased maintenance and repair - requirements for equipment and infrastructure; - (iii) health of military personnel, - including mitigation of infectious diseases, - heat stress and heat-related illnesses - resulting from increasing temperatures; - (iv) increased dust generation, air - pollution, and fire hazards; and - (v) maintaining testing and training - capacity to support increased operations and - civil support missions; - (C) built and natural infrastructure, including-- - (i) military installation resilience, as - such term is defined in section 101(e)(8) of - title 10, United States Code, of installations - both within and outside the United States and - its possessions and territories and of the - State-owned National Guard installations of the - several States; - (ii) resilience of the air and sea ports of - our allies and partners that are critical to - the training, deployment, and operations of the - armed forces of the United States and its - allies and partners; - (iii) resilience of the deployment system - and structure of the Department of Defense and - of the United States, including the strategic - highway network, the strategic rail network, - and designated strategic air and sea ports; - (iv) best practices for modeling and - mitigating risks posed to military - installations by increased inundation, erosion, - flood, wind, and fire damage; - (v) changing energy demand at military - installations to include heating and cooling, - particularly in communities experiencing grid - stress; - (vi) disruption and competition for - reliable energy and water resources; - (vii) geoengineering and energy - transitions; - (viii) increased maintenance and - sustainment costs; - (ix) damage to natural and constructed - infrastructure from thawing permafrost and sea - ice; and - (x) the effects of climate stress on - community support infrastructure, including - roads, transportation hubs, and medical - facilities; - (D) acquisition and supply chain, including-- - (i) measures to ensure that the current and - projected future scale and impacts of climate - change are fully considered in the research, - development, testing, and acquisition of major - weapon systems and of associated supplies and - equipment; - (ii) required alterations of stockpiles; - (iii) reduced or changed availability and - access to materials, equipment, and supplies, - including water and food sources; - (iv) disruptions in fuel availability and - distribution; - (v) estimated climate security investments - required to address foreseeable costs incurred - or influenced by climate change for each of the - lines of effort in this report, including - extreme weather response, over the next 5, 10, - and 20 years, with topline estimates and a - qualitative discussion of cost drivers for - each; and - (vi) equipment and infrastructure - investments required to address a changing - Arctic environment; and - (E) such other matters as the Secretary determines - appropriate; and - (3) a list of the ten most concerning existing or emerging - conflicts or threats that pose a risk to the security of the - United States that may be exacerbated by climate change. - (c) Assessments and Projections of the Scope and Scale of Climate -Change.--In preparing the update to the climate change roadmap as + (1) a description of the overarching approach of the Department + to extreme weather, sea level fluctuations, and associated + mitigation measures; and + (2) a discussion of the current and foreseeable effects of + extreme weather and seal level fluctuations on-- + (A) plans and operations, including-- + (i) military readiness; + (ii) increased frequency, if any, of extreme weather + events, including flooding, drought, desertification, + wildfires, thawing permafrost, hurricanes, and extreme + heat; + (iii) geopolitical instability, if any, caused by + climate events, including extreme weather; + (iv) increased demand, if any for Defense Support for + Civil Authorities and disaster or humanitarian relief + operations; + (v) the operating environment of the Arctic and of the + strategic and geopolitical implications of an ice-free + Arctic Ocean; and + (vi) alteration or limitation on operation + environments; + (B) training and testing, including-- + (i) changes in land carrying capacity; + (ii) increased maintenance and repair requirements for + equipment and infrastructure; + (iii) mitigation of heat stress and heat-related + illnesses resulting from increasing temperatures; + (iv) increased dust generation and fire hazards; and + (v) maintaining testing and training capacity to + support increased operations and civil support missions; + (C) built and natural infrastructure, including-- + (i) military installation resilience, as such term is + defined in section 101(e)(8) of title 10, United States + Code, of installations both within and outside the United + States and its possessions and territories and of the + State-owned National Guard installations of the several + States; + (ii) resilience of the air and sea ports of our allies + and partners that are critical to the training, deployment, + and operations of the Armed Forces of the United States and + its allies and partners; + (iii) resilience of the deployment system and structure + of the Department of Defense and of the United States, + including the strategic highway network, the strategic rail + network, and designated strategic air and sea ports; + (iv) best practices for modeling and mitigating risks + posed to military installations by increased inundation, + erosion, flood, wind, and fire damage; + (v) changing energy demand at military installations to + include heating and cooling, particularly in communities + experiencing grid stress; + (vi) disruption and competition for reliable energy and + water resources; + (vii) increased maintenance and sustainment costs; + (viii) damage to natural and constructed infrastructure + from thawing permafrost and sea ice; and + (ix) the effects of extreme weather and sea level + fluctuations on community support infrastructure, including + roads, transportation hubs, and medical facilities; + (D) acquisition and supply chain, including-- + (i) measures to ensure that the current and projected + future scale and impacts of extreme weather and sea level + fluctuations are fully considered in the research, + development, testing, and acquisition of major weapon + systems and of associated supplies and equipment; + (ii) required alterations of stockpiles; + (iii) reduced or changed availability and access to + materials, equipment, and supplies, including water and + food sources; + (iv) disruptions in fuel availability and distribution; + (v) estimated investments required to address + foreseeable costs incurred or influenced by extreme weather + and sea level fluctuations for each of the lines of effort + in this report, to include extreme weather response, over + the next 5, 10, and 20 years, with topline estimates and a + qualitative discussion of cost drivers for each; and + (vi) equipment and infrastructure investments required + to address a changing Arctic environment; and + (E) such other matters as the Secretary determines + appropriate; and + (c) Assessments and Projections.--In preparing the update as required under subsection (a), the Secretary shall consider-- - (1) climate projections from the Global Change Research - Office, National Climate Assessment, the National Oceanic and - Atmospheric Administration, and other Federal agencies; and - (2) data on, and analysis of, the national security effects - of climate prepared by the Climate Security Advisory Council of - the Office of the Director of National Intelligence established - pursuant to section 120 of the National Security Act of 1947 - (50 U.S.C. 3060) and by other elements of the intelligence - community. - (d) Form.--The update to the climate change roadmap required under + (1) climate projections from the Global Change Research Office, + National Climate Assessment, the National Oceanic and Atmospheric + Administration, and other Federal agencies; and + (2) data on, and analysis of, the national security effects of + climate prepared by the Climate Security Advisory Council of the + Office of the Director of National Intelligence established + pursuant to section 120 of the National Security Act of 1947 (50 + U.S.C. 3060) and by other elements of the intelligence community. + (d) Form.--The update to the adaptation roadmap required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. If the Secretary determines that the inclusion of a classified annex is necessary, the Secretary shall conduct an in-person briefing for Members of the Committees on Armed Services of the Senate and House of Representatives by not later than -90 days after date of the submission of the update. - -SEC. 323. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE - INSTALLATION ENERGY. - - (a) GAO Report.--Not later than 1 year after the date of the -enactment of this Act, the Comptroller General of the United States -shall submit to the Committees on Armed Services of the Senate and -House of Representatives a report on the progress of the Department of -Defense toward reaching net zero goals, including an agency-wide view -and breakdowns of progress by service branch. - (b) Contents of Report.--The report required under subsection (a) -shall include-- - (1) an analysis of the extent to which the Department of - Defense has implemented net zero initiatives to date and - developed a forward-looking integrated net zero strategy for - energy, emissions, water, and waste management and the extent - to which each of the military departments has implemented such - strategy; - (2) a description of the current challenges to implementing - net zero initiatives or meeting net zero goals and the degree - to which the Department of Defense and the military departments - have addressed applied lessons learned; - (3) a cost-benefit analysis of net zero initiatives, - including a description of how such costs and benefits are - identified, tracked, and validated; - (4) a description of the feasibility of achieving net zero - benchmarks of 25 percent, 50 percent, 75 percent, and 100 - percent of the energy, emissions, water, and waste management - levels for 2020, including anticipated funding requirements, - statutory requirements, infrastructure needs, and timeframes; - and - (5) an analysis of the integration between energy offices - with program offices, budget, and operational planners within - the Department of Defense and military departments across the - enterprise, and recommendations for improving coordination. - (c) Form of Report.--The report required under this section shall -be submitted in unclassified form, but may contain a classified annex. - -SEC. 324. DEPARTMENT OF DEFENSE REPORT ON EMISSIONS LEVELS. - +90 days after the date of the submission of the update. + SEC. 328. DEPARTMENT OF DEFENSE REPORT ON GREENHOUSE GAS EMISSIONS + LEVELS. (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of the Department of Defense shall -submit to the Committees on Armed Services of the Senate and House of -Representatives and to the Comptroller General a report on the total -level of emissions for each of the last 10 fiscal years. Such emissions -levels shall include the agency-wide total, breakdowns by military -department, and delineations between installation and operational -emissions. +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and House of Representatives +and to the Comptroller General a report on the total level of +greenhouse gas emissions for each of the last 10 fiscal years. Such +emissions levels shall include the agency-wide total, breakdowns by +military department, and delineations between installation and +operational emissions. (b) Form of Report.--The report required under this section shall be submitted in unclassified form, but may contain a classified annex. - -SEC. 325. OBJECTIVES, PERFORMANCE STANDARDS, AND CRITERIA FOR USE OF - WILDLIFE CONSERVATION BANKING PROGRAMS. - + SEC. 329. OBJECTIVES, PERFORMANCE STANDARDS, AND CRITERIA FOR USE + OF WILDLIFE CONSERVATION BANKING PROGRAMS. (a) In General.--To ensure opportunities for Department of Defense participation in wildlife conservation banking programs pursuant to section 2694c of title 10, United States Code, the Secretary of the @@ -8046,180 +8476,8 @@ acting through the Director of the United States Fish and Wildlife Service, shall publish an advance notice of proposed rulemaking for the regulations required by subsection (a) by not later than 1 year after the date of the enactment of this Act. - -SEC. 326. OFFSHORE WIND ENERGY DEVELOPMENT, MORRO BAY, CALIFORNIA. - - (a) Findings.--Congress makes the following findings: - (1) Since 2016, the Department of Defense and Department of - the Navy have been working with State and Federal stakeholders - to determine whether a commercial lease for the development of - renewable energy off the coast of Morro Bay, California could - be developed in a manner that is compatible with the training - and readiness requirements of the Department of Defense. - (2) Military readiness and the ability to conduct realistic - training are critical to our national security; however, energy - security and other ocean uses are also important. These - interests should be balanced to the extent practicable when - analyzing offshore energy proposals. - (3) In August 2019, Members of Congress, the Assistant - Secretary of Defense for Sustainment, senior officials from - other Federal agencies, and state and local elected - representatives met to discuss a path forward to accommodate - wind energy development off the Central Coast of California - while ensuring the Department of Defense was able to continue - meeting its testing, training, and operational requirements. - (4) Following the initial meeting in August 2019, the - stakeholder group continued meeting at roughly monthly - intervals through 2019 and into 2020 to discuss options and - work towards a mutually agreeable solution for renewable energy - development and continued military testing, training, and - operational requirements off the Central Coast of California. - (5) In May 2020, the Assistant Secretary of the Navy for - Energy, Installations, and Environment notified stakeholders - that despite the previous year of negotiations, it was his view - any wind energy developments off the Central Coast of - California may not be viewed as being compatible with military - activities. This unilateral decision was made abruptly, without - providing any supporting analysis or acknowledgment of the - progress and commitments made during previous negotiations, and - was not in the spirit of cooperation and collaboration that had - driven the previous 9 months of stakeholder engagements. - (6) Stakeholder confidence in the Department of Defense - review process is paramount. Abrupt and unilateral changes of - course erode confidence and undermine the State, local, and - industry trust in a fair, transparent, and predictable - adjudication of potential conflicts. - (7) In early 2019, in order to create continuity between - the offshore and terrestrial processes, the Department of - Defense consolidated its review of proposed energy development - projects so that offshore energy proposals were now included in - the Military Aviation and Installation Assurance Clearinghouse - (the Clearinghouse). The Clearinghouse has a proven record for - reviewing proposed energy development projects through a fair - and transparent process. The Morro Bay proposal pre-dates this - consolidation but underwent a similar Department of Defense led - compatibility review. - (8) Congress has generally supported the transparent and - fair Clearinghouse review process, as well as all efforts - between the Department of Defense and other stakeholders to - reach solutions that allow for the development of energy - projects in a manner that is compatible with military testing, - training, and operational requirements. - (9) Legislating a solution to a specific energy development - proposal should only be reserved for rare occasions. Due to - Navy's abrupt and unilateral decision to walk away from - productive negotiations, after months of good-faith efforts by - other stakeholders and public engagement, the threshold for - congressional intervention has been reached. - (b) Responsibility.--All interaction on behalf of the Department of -the Navy with the California Energy Commission, Federal agencies, State -and local governments, and potential energy developers regarding -proposed offshore wind energy off the central coast of California shall -be performed through the Office of the Under Secretary of Defense for -Acquisition and Sustainment. - (c) Briefing Requirement; Limitation.-- - (1) Briefing.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense shall - provide to the Committees on Armed Services and the Committee - on Natural Resources of the House of Representatives a briefing - on status of the review by the Offshore Energy Working Group of - the request to locate at least two offshore wind lease areas - proximate to and within the Morro Bay Call Area. Such briefing - shall include-- - (A) a detailed map that shows any areas identified; - (B) proposed mitigations that would enable - compatible development in the areas identified; - (C) any unresolved issues; and - (D) any other terms of the agreement reached with - the California Energy Commission, other Federal - agencies, State and local governments, and potential - energy developers. - (2) Limitation.--The Secretary of Defense may not issue a - final offshore wind assessment that proposes wind exclusion - areas and may not object to an offshore energy project in the - Central Coast of California that has filed for review by the - Military Aviation and Installation Assurance Clearinghouse - until the Secretary provides the briefing required under - paragraph (1). - (d) Limitation on Use of Funds.--Of the amounts authorized to be -appropriated by this Act or otherwise made available for the Department -of Defense for fiscal year 2021, not more than 75 percent may be -obligated or expended for the Office of the Assistant Secretary of the -Navy for Energy, Installations, and Environment until the date that is -30 days after the date on which the briefing required under subsection -(c)(1) is provided. - -SEC. 327. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM. - - (a) Establishment of Initiative.--Not later than January 15, 2021, -the Director of the Environmental Security Technology Certification -Program of the Department of Defense (hereinafter in this section -referred to as the ``Director'') may establish a demonstration -initiative composed of demonstration projects focused on the -development of long-duration energy storage technologies. - (b) Selection of Projects.--To the maximum extent practicable, in -selecting demonstration projects to participate in the demonstration -initiative under subsection (a), the Director may-- - (1) ensure a range of technology types; - (2) ensure regional diversity among projects; and - (3) consider bulk power level, distribution power level, - behind-the-meter, microgrid (grid-connected or islanded mode), - and off-grid applications. - (c) Joint Program.-- - (1) Establishment.--As part of the demonstration initiative - under subsection (a), the Director, in consultation with the - Secretary of Energy, may establish within the Department of - Defense a joint program to carry out projects-- - (A) to demonstrate promising long-duration energy - storage technologies at different scales to promote - energy resiliency; and - (B) to help new, innovative long-duration energy - storage technologies become commercially viable. - (2) Memorandum of understanding.--Not later than 200 days - after the date of enactment of this Act, the Director may enter - into a memorandum of understanding with the Secretary of Energy - to administer the joint program. - (3) Infrastructure.--In carrying out the joint program, the - Director and the Secretary of Energy may-- - (A) use existing test-bed infrastructure at-- - (i) installations of the Department of - Defense; and - (ii) facilities of the Department of - Energy; and - (B) develop new infrastructure for identified - projects, if appropriate. - (4) Goals and metrics.--The Director and the Secretary of - Energy may develop goals and metrics for technological progress - under the joint program consistent with energy resilience and - energy security policies. - (5) Selection of projects.-- - (A) In general.--To the maximum extent practicable, - in selecting projects to participate in the joint - program, the Director and the Secretary of Energy may-- - (i) ensure that projects are carried out - under conditions that represent a variety of - environments with different physical conditions - and market constraints; and - (ii) ensure an appropriate balance of-- - (I) larger, operationally-scaled - projects, adapting commercially-proven - technology that meets military service - defined requirements; and - (II) smaller, lower-cost projects. - (B) Priority.--In carrying out the joint program, - the Director and the Secretary of Energy may give - priority to demonstration projects that-- - (i) make available to the public project - information that will accelerate deployment of - long-duration energy storage technologies that - promote energy resiliency; and - (ii) will be carried out as field - demonstrations fully integrated into the - installation grid at an operational scale. - -SEC. 328. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING FIRE-FIGHTING - AGENT. - + SEC. 330. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING FIRE- + FIGHTING AGENT. (a) Authority.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Sustainment and the Strategic Environmental Research and Development Program, may carry out a program @@ -8235,34 +8493,32 @@ submissions of research results, technology developments, and prototypes. (c) Limitations.--The following limitations shall apply to a program under subsection (a): - (1) No prize competition may result in the award of a prize - with a fair market value of more than $5,000,000. - (2) No prize competition may result in the award of more - than $1,000,000 in cash prizes without the approval of the - Assistant Secretary of Defense for Sustainment. - (3) No prize competition may result in the award of a - solely nonmonetary prize with a fair market value of more than - $10,000 without the approval of the Assistant Secretary of - Defense for Sustainment. + (1) No prize competition may result in the award of a prize + with a fair market value of more than $5,000,000. + (2) No prize competition may result in the award of more than + $1,000,000 in cash prizes without the approval of the Assistant + Secretary of Defense for Sustainment. + (3) No prize competition may result in the award of a solely + nonmonetary prize with a fair market value of more than $10,000 + without the approval of the Assistant Secretary of Defense for + Sustainment. (d) Relationship to Other Authority.--A program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of the Department of Defense. (e) Use of Prize Authority.--Use of prize authority under this section shall be considered the use of competitive procedures for the purposes of section 2304 of title 10, United States Code. - (f) PFAS.--In this section, the term ``PFAS'' means-- - (1) man-made chemicals of which all of the carbon atoms are - fully fluorinated carbon atoms; and - (2) man-made chemicals containing a mix of fully - fluorinated carbon atoms, partially fluorinated carbon atoms, - and nonfluorinated carbon atoms. + (f) PFAS Defined.--In this section, the term ``PFAS'' means-- + (1) man-made chemicals of which all of the carbon atoms are + fully fluorinated carbon atoms; and + (2) man-made chemicals containing a mix of fully fluorinated + carbon atoms, partially fluorinated carbon atoms, and + nonfluorinated carbon atoms. (g) Termination.--The authority to carry out a program under this section shall terminate on October 1, 2024. - -SEC. 329. SURVEY OF TECHNOLOGIES FOR DEPARTMENT OF DEFENSE APPLICATION - IN PHASING OUT THE USE OF FLUORINATED AQUEOUS FILM- - FORMING FOAM. - + SEC. 331. SURVEY OF TECHNOLOGIES FOR DEPARTMENT OF DEFENSE + APPLICATION IN PHASING OUT THE USE OF FLUORINATED AQUEOUS FILM- + FORMING FOAM. (a) Survey of Technologies.--The Secretary of Defense shall conduct a survey of relevant technologies, other than fire-fighting agent solutions, to determine whether any such technologies are available and @@ -8271,252 +8527,198 @@ phase-out of fluorinated aqueous film-forming foam. The technologies surveyed under this subsection shall include hangar flooring systems, fire-fighting agent delivery systems, containment systems, and other relevant technologies the Secretary determines appropriate. - (b) Report.--Not later than 1 year after the date of enactment of -this Act, the Secretary shall submit to the congressional defense -committees a report on the results of the survey conducted under -subsection (a). Such report shall include-- - (1) a description of the technologies included in the - survey; - (2) a list of the technologies that were considered for - further testing or analysis; and - (3) any technologies that are undergoing additional - analysis for possible application within the Department. - -SEC. 330. INTERAGENCY BODY ON RESEARCH RELATED TO PER- AND - POLYFLUOROALKYL SUBSTANCES. - + (b) Briefing.--Not later than 1 year after the date of enactment of +this Act, the Secretary shall provide the congressional defense +committees a briefing on the results of the survey conducted under +subsection (a). The briefing shall include-- + (1) a description of the technologies included in the survey; + (2) a list of the technologies that were considered for further + testing or analysis; and + (3) any technologies that are undergoing additional analysis + for possible application within the Department. + SEC. 332. INTERAGENCY BODY ON RESEARCH RELATED TO PER- AND + POLYFLUOROALKYL SUBSTANCES. (a) Establishment.--The Director of the Office of Science and Technology Policy, acting through the National Science and Technology -Council, shall establish an interagency working group to coordinate -Federal activities to advance research and development needed to -address PFAS. +Council, shall establish, or designate, an interagency working group to +coordinate Federal activities related to PFAS research and development. (b) Agency Participation.--The interagency working group shall -include a representative of each-- - (1) the Environmental Protection Agency; - (2) the National Institute of Environmental Health - Sciences; - (3) the Agency for Toxic Substances and Disease Registry; - (4) the National Science Foundation; - (5) the Department of Defense; - (6) the National Institutes of Health; - (7) the National Institute of Standards and Technology; - (8) the National Oceanic and Atmospheric Administration; - (9) the Department of the Interior; - (10) the Department of Transportation; - (11) the Department of Homeland Security; - (12) the National Aeronautics and Space Administration; - (13) the National Toxicology Program; - (14) the Department of Agriculture; - (15) the Geological Survey; - (16) the Department of Commerce; - (17) the Department of Energy; - (18) the Office of Information and Regulatory Affairs; - (19) the Office of Management and Budget; and - (20) any such other Federal department or agency as the - President considers appropriate. - (c) Co-Chairs.--The Interagency working group shall be co-chaired +include a representative of each of-- + (1) the Environmental Protection Agency; + (2) the National Institute of Environmental Health Sciences; + (3) the Agency for Toxic Substances and Disease Registry; + (4) the National Science Foundation; + (5) the Department of Defense; + (6) the National Institutes of Health; + (7) the National Institute of Standards and Technology; + (8) the National Oceanic and Atmospheric Administration; + (9) the Department of the Interior; + (10) the Department of Transportation; + (11) the Department of Homeland Security; + (12) the National Aeronautics and Space Administration; + (13) the National Toxicology Program; + (14) the Department of Agriculture; + (15) the Geological Survey; + (16) the Department of Commerce; + (17) the Department of Energy; + (18) the Office of Information and Regulatory Affairs; + (19) the Office of Management and Budget; and + (20) any such other Federal department or agency as the + Director of the Office of Science and Technology Policy considers + appropriate. + (c) Co-chairs.--The Interagency working group shall be co-chaired by the Director of the Office of Science and Technology Policy and, on -an annual rotating basis, a representative from a Member agency, as +a biannual rotating basis, a representative from a member agency, as selected by the Director of the Office of Science and Technology Policy. (d) Responsibilities of the Working Group.--The interagency working group established under subsection (a) shall-- - (1) provide for interagency coordination of Federally - funded PFAS research and development; and - (2) not later than 12 months after the date of enactment of - this Act, develop a strategic plan for Federal support for PFAS - research and development (to be updated not less than every 2 - years) that-- - (A) identifies all current Federally funded PFAS - research and development, including the nature and - scope of such research and development and the amount - of funding associated with such research and - development during the current fiscal year, - disaggregated by agency; - (B) identifies scientific and technological - challenges that must be addressed to understand and to - significantly reduce the environmental and human health - impacts of PFAS and to identify cost-effective-- - (i) alternatives to PFAS that are designed - to be safer and more environmentally friendly; - (ii) methods for removal of PFAS from the - environment; and - (iii) methods to safely destroy or degrade - PFAS; - (C) establishes goals, priorities, and metrics for - Federally funded PFAS research and development that - takes into account the current state of research and - development identified in paragraph (A) and the - challenges identified in paragraph (B); and - (D) an implementation plan for Federal agencies. + (1) provide for interagency coordination of federally funded + PFAS research and development; and + (2) not later than 12 months after the date of enactment of + this Act, develop and make publicly available a strategic plan for + Federal support for PFAS research and development (to be updated + not less frequently than once every three years) that-- + (A) identifies all current federally funded PFAS research + and development, including the nature and scope of such + research and development and the amount of funding associated + with such research and development during the current fiscal + year, disaggregated by agency; + (B) identifies all federally funded PFAS research and + development having taken place in the last three years, + excluding the research listed under subparagraph (A), including + the nature and scope of such research and development and the + amount of funding associated with such research and development + during the current fiscal year, disaggregated by agency; + (C) identifies scientific and technological challenges that + must be addressed to understand and to significantly reduce the + environmental and human health impacts of PFAS and to identify + cost-effective-- + (i) alternatives to PFAS that are designed to be safer + and more environmentally friendly; + (ii) methods for removal of PFAS from the environment; + and + (iii) methods to safely destroy or degrade PFAS; + (D) establishes goals, priorities, and metrics for + federally funded PFAS research and development that takes into + account the current state of research and development + identified in subparagraph (A) and the challenges identified in + subparagraph (C); and + (E) an implementation plan for Federal agencies and, for + each update to the strategic plan under this paragraph, a + description of how Federal agencies have been following the + implementation plan. (e) Consultation.--In developing the strategic plan under -subsection (d), the interagency working group shall consult with -states, tribes, territories, local governments, appropriate industries, +subsection (d)(2), the interagency working group shall consult with +States, tribes, territories, local governments, appropriate industries, academic institutions and nongovernmental organizations with expertise in PFAS research and development, treatment, management, and alternative development. - (f) Annual Report.--For each fiscal year beginning with fiscal year -2022, not later than 90 days after submission of the President's annual -budget request for such fiscal year, the Interagency working group -shall prepare and submit to Congress a report that includes-- - (1) a summary of Federally funded PFAS research and - development for such fiscal year and the preceding fiscal year, - including a disaggregation of spending for each participating - Federal agency; and - (2) a description of how Federal agencies are implementing - the strategic plan described in subsection (d). - (g) PFAS Research and Development.--The term ``PFAS research and -development'' includes any research or project that has the goal of -accomplishing the following: - (1) The removal of PFAS from the environment. - (2) The safe destruction or degradation of PFAS. - (3) The development and deployment of safer and more + (f) Sunset.--The strategic plan requirement described under section +(d)(2) shall cease on the date that is 20 years after the initial +strategic plan is developed. + (g) Definitions.--In this section: + (1) PFAS.--The term ``PFAS'' means-- + (A) man-made chemicals of which all of the carbon atoms are + fully fluorinated carbon atoms; and + (B) man-made chemicals containing a mix of fully + fluorinated carbon atoms, partially fluorinated carbon atoms, + and nonfluorinated carbon atoms. + (2) PFAS research and development defined.--The term ``PFAS + research and development'' includes any research or project that + has the goal of accomplishing the following: + (A) The removal of PFAS from the environment. + (B) The safe destruction or degradation of PFAS. + (C) The development and deployment of safer and more environmentally friendly alternative substances that are functionally similar to those made with PFAS. - (4) The understanding of sources of environmental PFAS + (D) The understanding of sources of environmental PFAS contamination and pathways to exposure for the public. - (5) The understanding of the toxicity of PFAS to humans and + (E) The understanding of the toxicity of PFAS to humans and animals. - -SEC. 331. RESTRICTION ON PROCUREMENT BY DEFENSE LOGISTICS AGENCY OF - CERTAIN ITEMS CONTAINING PERFLUOROALKYL SUBSTANCES AND - POLYFLUOROALKYL SUBSTANCES. - - (a) Prohibition.--The Director of the Defense Logistics Agency may -not procure any covered item containing a perfluoroalkyl substance or -polyfluoroalkyl substance. - (b) Definitions.--In this section: - (1) The term ``covered item'' means-- - (A) non-stick cookware or food service ware for use - in galleys or dining facilities; - (B) food packaging materials; - (C) furniture or floor waxes; - (D) carpeting, rugs, or upholstered furniture; - (E) personal care items; - (F) dental floss; and - (G) sunscreen. - (2) The term ``perfluoroalkyl substance'' means a man-made - chemical of which all of the carbon atoms are fully fluorinated - carbon atoms. - (3) The term ``polyfluoroalkyl substance'' means a man-made - chemical containing a mix of fully fluorinated carbon atoms, - partially fluorinated carbon atoms, and nonfluorinated carbon - atoms. - (c) Effective Date.--This section shall take effect on the date -that is one year after the date of the enactment of this Act. - -SEC. 332. STANDARDS FOR REMOVAL OR REMEDIAL ACTIONS WITH RESPECT TO - PFOS OR PFOA CONTAMINATION. - - (a) In General.--In conducting removal or remedial actions pursuant -to the Comprehensive Environmental Response, Compensation, and -Liability Act of 1980 (42 U.S.C. 9601 et seq.) or section 332 of the -National Defense Authorization Act for Fiscal Year 2020 (Public Law -116-92) of PFOS or PFOA contamination from Department of Defense or -National Guard activities found in drinking water or in groundwater -that is not currently used for drinking water, the Secretary of Defense -shall ensure that such actions result in a level that meets or exceeds -the most stringent of the following standards for PFOS or PFOA in any -environmental media: - (1) An enforceable State standard, in effect in that State, - for drinking, surface, or ground water, as described in section - 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, - Compensation, and Liability Act of 1980 (42 U.S.C. - 9621(d)(2)(A)(ii)). - (2) An enforceable Federal standard for drinking, surface, - or ground water, as described in section 121(d)(2)(A)(i) of the - Comprehensive Environmental Response, Compensation, and - Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)). - (3) A health advisory under section 1412(b)(1)(F) of the - Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)). - (b) Definitions.--In this section: - (1) The term ``PFOA'' means perfluorooctanoic acid. - (2) The term ``PFOS'' means perfluorooctane sulfonate. - (3) The terms ``removal'' and ``remedial action'' have the - meanings given those terms in section 101 of the Comprehensive - Environmental Response, Compensation, and Liability Act of 1980 - (42 U.S.C. 9601). - (c) Savings Clause.--Except with respect to the specific level -required to be met under subsection (a), nothing in this section -affects the application of the Comprehensive Environmental Response, -Compensation, and Liability Act of 1980 (42 U.S.C. 9607). - -SEC. 333. RESEARCH AND DEVELOPMENT OF ALTERNATIVE TO AQUEOUS FILM- - FORMING FOAM. - + SEC. 333. RESTRICTION ON DEPARTMENT OF DEFENSE PROCUREMENT OF + CERTAIN ITEMS CONTAINING PERFLUOROOCTANE SULFONATE OR + PERFLUOROOCTANOIC ACID. + (a) Prohibition.--The Department of Defense may not procure any +covered item that contains perfluorooctane sulfonate (PFOS) or +perfluorooctanoic acid (PFOA). + (b) Definitions.--In this section, the term ``covered item'' +means-- + (1) nonstick cookware or cooking utensils for use in galleys or + dining facilities; and + (2) upholstered furniture, carpets, and rugs that have been + treated with stain-resistant coatings. + (c) Effective Date.--This section shall take effect on April 1, +2023. + SEC. 334. RESEARCH AND DEVELOPMENT OF ALTERNATIVE TO AQUEOUS FILM- + FORMING FOAM. (a) In General.--The Secretary of Defense, acting through the National Institute of Standards and Technology and in consultation with appropriate stakeholders and manufactures, research institutions, and other Federal agencies shall award grants and carry out other activities to-- - (1) promote and advance the research and development of - additional alternatives to aqueous film-forming foam (in this - section referred to as ``AFFF'') containing per- and - polyfluoroalkyl substances (in this section referred to as - ``PFAS'') to facilitate the development of a military - specification and subsequent fielding of a PFAS-free fire- - fighting foam; - (2) advance the use of green and sustainable chemistry for - a fluorine-free alternative to AFFF; - (3) increase opportunities for sharing best practices - within the research and development sector with respect to - AFFF; - (4) assist in the testing of potential alternatives to - AFFF; and - (5) provide guidelines on priorities with respect to an - alternative to AFFF. + (1) promote and advance the research and development of + additional alternatives to aqueous film-forming foam (in this + section referred to as ``AFFF'') containing per- and + polyfluoroalkyl substances (in this section referred to as + ``PFAS'') to facilitate the development of a military specification + and subsequent fielding of a PFAS-free fire-fighting foam; + (2) advance the use of green and sustainable chemistry for a + fluorine-free alternative to AFFF; + (3) increase opportunities for sharing best practices within + the research and development sector with respect to AFFF; + (4) assist in the testing of potential alternatives to AFFF; + and + (5) provide guidelines on priorities with respect to an + alternative to AFFF. (b) Additional Requirements.--In carrying out the program required under subsection (a), the Secretary shall-- - (1) take into consideration the different uses of AFFF and - the priorities of the Department of Defense in finding an - alternative; - (2) prioritize green and sustainable chemicals that do not - pose a threat to public health or the environment; and - (3) use and leverage research from existing Department of - Defense programs. + (1) take into consideration the different uses of AFFF and the + priorities of the Department of Defense in finding an alternative; + (2) prioritize green and sustainable chemicals that do not pose + a threat to public health or the environment; and + (3) use and leverage research from existing Department of + Defense programs. (c) Report.--The Secretary shall submit to Congress a report on-- - (1) the priorities and actions taken with respect to - finding an alternative to AFFF and the implementation of such - priorities; and - (2) any alternatives the Secretary has denied, and the - reason for any such denial. + (1) the priorities and actions taken with respect to finding an + alternative to AFFF and the implementation of such priorities; and + (2) any alternatives the Secretary has denied, and the reason + for any such denial. (d) Use of Funds.--This section shall be carried out using amounts authorized to be available for the Strategic Environmental Research and Development Program. - -SEC. 334. NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED IN AREAS - EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE. - + SEC. 335. NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED IN AREAS + EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE. (a) Notification Required.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Agriculture, shall provide a notification described in subsection (b) to any agricultural operation located -within 10 square miles of a location where covered PFAS-- - (1) has been detected in groundwater; - (2) has been hydrologically linked to a local water source, - including a water well; and - (3) is suspected to be, or due to a positive test known to - be, the result of the use of PFAS at any installation of the - Department of Defense located in the United States or any - State-owned facility of the National Guard. +within one mile down gradient of a military installation or National +Guard facility where covered PFAS-- + (1) has been detected in groundwater; + (2) has been hydrologically linked to a local agricultural or + drinking water source, including a water well; and + (3) is suspected to be, or known to be, the result of the use + of PFAS at an installation of the Department of Defense located in + the United States or State-owned facility of the National Guard. (b) Notification Requirements.--The notification required under -subparagraph (a) shall include: - (1) The name of the Department of Defense or National Guard - installation from which the PFAS contamination in groundwater - originated. - (2) The specific type of PFAS detected in groundwater. - (3) The detection levels of PFAS detected. - (4) Relevant governmental information regarding the health - and safety of the covered PFAS detected, including relevant - Federal or State standards for PFAS in groundwater, livestock, - food commodities and drinking water, and any known restrictions - for sale of agricultural products that have been irrigated or - watered with water containing PFAS. +subsection (a) shall include the following information: + (1) The name of the Department of Defense installation or + National Guard facility from which the covered PFAS in groundwater + originated. + (2) The specific covered PFAS detected in groundwater. + (3) The levels of the covered PFAS detected. + (4) Relevant governmental information regarding the health and + safety of the covered PFAS detected, including relevant Federal or + State standards for PFAS in groundwater, livestock, food + commodities and drinking water, and any known restrictions for sale + of agricultural products that have been irrigated or watered with + water containing PFAS. (c) Additional Testing Results.--The Secretary of Defense shall provide to an agricultural operation that receives a notice under subsection (a) any pertinent updated information, including any results -of new elevated testing, by not later than 15 days after receiving such -information. +of new elevated testing, by not later than 15 days after receiving +validated test results. (d) Report to Congress.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committee on Agriculture, Nutrition, and @@ -8524,288 +8726,133 @@ Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of providing notice under subsection (a). Such report shall include, for the period covered by the report-- - (1) the approximate locations of such operations relative - to installations of the Department of Defense located in the - United States and State-owned facilities of the National Guard; - (2) the PFAS substances detected in groundwater; and - (3) the levels of PFAS detected. - (e) Definitions.--In this section: - (1) The term ``covered PFAS'' means each of the following: - (A) Perfluorooctanoic acid (commonly referred to as - ``PFOA'') (Chemical Abstracts Service No. 335-67-1). - (B) Perfluorooctane sulfonic acid (commonly - referred to as ``PFOS'') (Chemical Abstracts Service - No. 1763-23-1). - (C) Perfluorobutanesulfonic acid ( commonly - referred to as ``PFBS'') (Chemical Abstracts Service - No. 375-73-5). - (D) Perfluorohexane sulfonate (commonly referred to - as ``PFHxs'') (Chemical Abstracts Service No. 108427- - 53-8). - (E) Perfluoroheptanoic acid (commonly referred to - as ``PFHpA'') (Chemical Abstracts Service No. 375-85- - 9). - (F) Perfluorohexanoic acid (commonly referred to as - ``PFHxA'') (Chemical Abstracts Service No. 307-24-4). - (G) Perfluorodecanoic acid (commonly referred to as - ``PFDA'') (Chemical Abstracts Service No. 335-76-2). - (H) Perfluorononanoic acid (commonly referred to as - ``PFNA'') (Chemical Abstracts Service No. 375-95-1). - (2) The term ``PFAS'' means a perfluoroalkyl or - polyfluoroalkyl substance with at least one fully fluorinated - carbon atom, including the chemical GenX. - -SEC. 335. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF DEFENSE TESTING - FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES. - - (a) Public Disclosure of PFAS Testing.--The Secretary of Defense -shall publicly disclose the results of any testing for perfluoroalkyl -or polyfluoroalkyl substances (commonly referred to as ``PFAS'') -conducted on military installations or formerly used defense sites, and -any testing for lead or copper at a Department education activity -facility, including-- - (1) all such testing results conducted by the Department of - Defense; and - (2) all such testing results conducted by a non-Department - entity (including any Federal agency and any public or private - entity) under contract by or pursuant to an agreement with the - Department of Defense. - (b) Nature of Disclosure.--The Secretary of Defense may satisfy the -disclosure requirement under subsection (a) by publishing the -information, datasets, and results relating to the testing referred to -in such subsection-- - (1) on the publicly available website established under - section 331(b) of the National Defense Authorization Act of - 2020 (Public Law 116-92) by not later than 7 days after such - information, datasets, and results become available; - (2) on another publicly available website of the Department - of Defense by not later than 7 days after such information, - datasets, and results become available; or - (3) in the Federal Register by not later than 30 days after - such information, datasets, and results become available. - (c) Requirements.--The information required to be disclosed by the -Secretary of Defense under subsection (a) and published under -subsection (b) shall-- - (1) constitute a record for the purposes of chapters 21, - 29, 31, and 33 of title 44, United States Code; and - (2) include any underlying datasets or additional - information of interest to the public, as determined by the - Secretary of Defense. - (d) Local Notification.--Prior to conducting any testing for -perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense -shall provide to the managers of the public water system and the -publicly owned treatment works serving the areas located immediately -adjacent to the military installation where such testing is to occur -notice in writing of the testing. + (1) the approximate locations of such operations relative to + installations of the Department of Defense located in the United + States and State-owned facilities of the National Guard; + (2) the covered PFAS detected in groundwater; and + (3) the levels of covered PFAS detected. (e) Definitions.--In this section: - (1) The term ``formerly used defense site'' means any site - formerly used by the Department of Defense or National Guard - eligible for environmental restoration by the Secretary of - Defense funded under the ``Environmental Restoration Account, - Formerly Used Defense Sites'' account established under section - 2703(a)(5) of title 10, United States Code. - (2) The term ``military installation'' has the meaning - given such term in section 2801(c)(4) of title 10, United - States Code. - (3) The term ``perfluoroalkyl or polyfluoroalkyl - substance'' means any per or polyfluoroalkyl substance with at - least one fully fluorinated carbon atom. - (4) The term ``public water system'' has the meaning given - such term under section 1401(4) of the Safe Drinking Water Act - (42 U.S.C. 300f(4)). - (5) The term ``treatment works'' has the meaning given such - term in section 212(2) of the Federal Water Pollution Control - Act (33 U.S.C. 1292(2)). - -SEC. 336. BIOLOGICAL THREATS REPORT. - - (a) In General.--Not later than 180 days after the date of -enactment of this Act, the Secretary of Defense, in coordination with -the Secretary of State, shall submit to the appropriate congressional -committees a report on efforts to prevent, detect, and respond to -biological threats, including through cooperation with bilateral and -multilateral partners. - (b) Elements.--The report shall include the following: - (1) A description of actions taken by the Department of - Defense to improve proliferation prevention regarding, - detection of, and response to biological threats of natural, - accidental, or deliberate origin, including the following: - (A) Department of Defense policy guidance to - address the threat of naturally and accidentally - occurring diseases in addition to potential deliberate - biological events. - (B) Organizational chart describing those - responsible in each Department for coordinating these - activities, in accordance with the report required by - section 745 of the National Defense Authorization Act - for Fiscal Year 2020 (Public Law 116-92). - (C) A description of efforts to integrate - Department of Defense infectious disease research, - cooperative threat reduction programs, and other - activities designed to protect Department of Defense - personnel against infectious disease threats. - (2) Programs and policies to address the threat of - accidental or deliberate misuse of emerging biological - technologies, including synthetic biology, including - Cooperative Threat Reduction, efforts to cooperate with other - partners to establish international norms and standards, - consideration of new technologies in the Biological Threat - Reduction Program, and efforts to develop countermeasures. - -SEC. 337. REPORT ON ENERGY SAVINGS PERFORMANCE CONTRACTS. - - (a) In General.--Not later than 1 year after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -appropriate congressional committees a report on the use of energy -savings performance contracts (in this section referred to as -``ESPCs'') by the Department of Defense. Such report shall include-- - (1) the total investment value of the total number of ESPCs - per service for fiscal years 2016 through 2020; - (2) the location of facilities with ESPCs for fiscal years - 2016 through 2020; - (3) any limitations on expanding ESPCs throughout the + (1) The term ``covered PFAS'' means each of the following: + (A) Perfluorooctanoic acid (commonly referred to as + ``PFOA'') (Chemical Abstracts Service No. 335-67-1) detected in + groundwater above 70 parts per trillion, individually or in + combination with PFOS. + (B) Perfluorooctane sulfonic acid (commonly referred to as + ``PFOS'') (Chemical Abstracts Service No. 1763-23-1) detected + in groundwater above 70 parts per trillion, individually or in + combination with PFOA. + (C) Perfluorobutanesulfonic acid (commonly referred to as + ``PFBS'') (Chemical Abstracts Service No. 375-73-5) detected in + groundwater above 40 parts per billion. + (2) The term ``PFAS'' means a perfluoroalkyl or polyfluoroalkyl + substance with at least one fully fluorinated carbon atom, + including the chemical GenX. + SEC. 336. REPORTING ON ENERGY SAVINGS PERFORMANCE CONTRACTS. + (a) In General.--Section 2925(a) of title 10, United States Code, +is amended-- + (1) by redesignating paragraph (7) as paragraph (8); and + (2) by inserting after paragraph (6) the following new + paragraph: + ``(7) A description of the use of energy savings performance + contracts (in this paragraph referred to as `ESPCs') by the + Department of Defense, including-- + ``(A) the total investment value of the total number of + ESPCs per service for the previous five fiscal years; + ``(B) the location of facilities with ESPCs for the + previous five fiscal years; + ``(C) any limitations on expanding ESPCs throughout the Department of Defense; - (4) the effect ESPCs have on military readiness; and - (5) any additional information the Secretary determines - relevant. - (b) Appropriate Congressional Committees.--In this section, the -appropriate congressional committees are-- - (1) the Committee on Armed Services and the Committee on - Energy and Commerce of the House of Representatives; and - (2) the Committee on Armed Services, the Committee on - Energy and Natural Resources, and the Committee on Environment - and Public Works of the Senate. - -SEC. 338. SENSE OF CONGRESS REGARDING AN INTEGRATED MASTER PLAN TOWARDS - ACHIEVING NET ZERO. - - It is the sense of Congress that the Department of Defense should -develop an integrated master plan for pursuing Net Zero initiatives and -reductions in fossil fuels using the findings of-- - (1) the assessment of Department of Defense operational - energy usage required under section 318; - (2) the Comptroller General report on Department of Defnse - installation energy required under section 323; and - (3) the Department of Defense report on emissions required - under section 324. - -SEC. 339. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL STUDY ON - HEALTH IMPLICATIONS HEALTH IMPLICATIONS OF PER- AND - POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING - WATER. - + ``(D) the effect ESPCs have on military readiness; and + ``(E) any additional information the Secretary determines + relevant.''. + (b) Applicability.--The reporting requirement under paragraph (7) +of section 2925(a) of title 10, United States Code, as added by +subsection (a) of this section, applies to reports submitted under such +section 2925 for fiscal year 2021 and thereafter. + SEC. 337. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL STUDY + ON HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL SUBSTANCES + CONTAMINATION IN DRINKING WATER. Section 316(a)(2)(B)(ii) of the National Defense Authorization Act -for Fiscal Year 2018 (Public Law 115-91) is amended by striking -``$10,000,000'' and inserting ``$15,000,000''. - -SEC. 340. MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE OF - PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL SUBSTANCES, - AND AQUEOUS FILM FORMING FOAM. - - (a) In General.--Beginning on the date of the enactment of this -Act, the Secretary of Defense shall prohibit the incineration of -materials containing per- and polyfluoroalkyl substances or aqueous -film forming foam until regulations have been prescribed by the -Secretary that-- - (1) implement the requirements of section 330 of the - National Defense Authorization Act for Fiscal Year 2020 (Public - Law 116-92); and - (2) take into consideration the interim guidance published - by the Administrator of the Environmental Protection Agency - under section 7361 of the National Defense Authorization Act - for Fiscal Year 2020 (Public Law 116-92). - (b) Report.--Not later than 1 year after the publication of the -final regulations described in subsection (a), and annually thereafter, -the Secretary shall submit to the Administrator of the Environmental -Protection Agency a report on all incineration by the Department of -Defense of materials containing perfluoroalkyl substances, -polyfluoroalkyl substances, or aqueous film forming foam during the -year covered by the report, including-- - (1) the total amount of such materials incinerated; - (2) the temperature range at which such materials were - incinerated; and - (3) the locations and facilities where such materials were - incinerated. - -SEC. 341. GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS ACT OF 2020. - +for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) is amended by +striking ``$10,000,000'' and inserting ``$15,000,000''. + SEC. 338. GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS ACT OF + 2020. (a) Short Title.--This section may be cited as the ``Guaranteeing Equipment Safety for Firefighters Act of 2020''. (b) National Institute of Standards and Technology Study on Per- and Polyfluoroalkyl Substances in Personal Protective Equipment Worn by Firefighters.-- - (1) In general.--Not later than 3 years after the date of - the enactment of this Act, the Director of the National - Institute of Standards and Technology shall, subject to - availability of appropriations, in consultation with the - Director of the National Institute for Occupational Safety and - Health, complete a study of the contents and composition of new - and unused personal protective equipment worn by firefighters. - (2) Contents of study.--In carrying out the study required - by paragraph (1), the Director of the National Institute of - Standards and Technology shall examine-- - (A) the identity, prevalence, and concentration of - per- and polyfluoroalkyl substances (commonly known as - ``PFAS'') in the personal protective equipment worn by - firefighters; - (B) the conditions and extent to which per- and - polyfluoroalkyl substances are released into the - environment over time from the degradation of personal - protective equipment from normal use by firefighters; - and - (C) the relative risk of exposure to per- and - polyfluoroalkyl substances faced by firefighters from-- - (i) their use of personal protective - equipment; and - (ii) degradation of personal protective - equipment from normal use by firefighters. - (3) Reports.-- - (A) Progress reports.--Not less frequently than - once each year for the duration of the study conducted - under paragraph (1), the Director shall submit to - Congress a report on the progress of the Director in - conducting such study. - (B) Final report.--Not later than 90 days after the - date on which the Director completes the study required - by paragraph (1), the Director shall submit to Congress - a report describing-- - (i) the findings of the Director with - respect to the study; and - (ii) recommendations on what additional - research or technical improvements to personal - protective equipment materials or components - should be pursued to avoid unnecessary - occupational exposure among firefighters to - per- and polyfluoroalkyl substances through - personal protective equipment. + (1) In general.--Not later than 3 years after the date of the + enactment of this Act, the Director of the National Institute of + Standards and Technology shall, subject to availability of + appropriations, in consultation with the Director of the National + Institute for Occupational Safety and Health, complete a study of + the contents and composition of new and unused personal protective + equipment worn by firefighters. + (2) Contents of study.--In carrying out the study required by + paragraph (1), the Director of the National Institute of Standards + and Technology shall examine-- + (A) the identity, prevalence, and concentration of per- and + polyfluoroalkyl substances (commonly known as ``PFAS'') in the + personal protective equipment worn by firefighters; + (B) the conditions and extent to which per- and + polyfluoroalkyl substances are released into the environment + over time from the degradation of personal protective equipment + from normal use by firefighters; and + (C) the relative risk of exposure to per- and + polyfluoroalkyl substances faced by firefighters from-- + (i) their use of personal protective equipment; and + (ii) degradation of personal protective equipment from + normal use by firefighters. + (3) Reports.-- + (A) Progress reports.--Not less frequently than once each + year for the duration of the study conducted under paragraph + (1), the Director shall submit to Congress a report on the + progress of the Director in conducting such study. + (B) Final report.--Not later than 90 days after the date on + which the Director completes the study required by paragraph + (1), the Director shall submit to Congress a report + describing-- + (i) the findings of the Director with respect to the + study; and + (ii) recommendations on what additional research or + technical improvements to personal protective equipment + materials or components should be pursued to avoid + unnecessary occupational exposure among firefighters to + per- and polyfluoroalkyl substances through personal + protective equipment. + (4) Authorization of appropriations.--There is authorized to be + appropriated $2,500,000 for each of fiscal years 2021 and 2022. (c) Research on Per- and Polyfluoroalkyl Substances in Personal Protective Equipment Worn by Firefighters.-- - (1) In general.--Not later than 180 days after the date of - the submittal of the report required by subsection (b)(3)(B), - the Director of the National Institute of Standards and - Technology shall-- - (A) issue a solicitation for research proposals to - carry out the research recommendations identified in - the report submitted under subsection (b)(3); and - (B) award grants to applicants that submit research - proposals to develop safe alternatives to per- and - polyfluoroalkyl substances in personal protective - equipment. - (2) Criteria.--The Director shall select research proposals - to receive a grant under paragraph (1) on the basis of merit, - using criteria identified by the Director, including the - likelihood that the research results will address the findings - of the Director with respect to the study conducted under - subsection (b)(1). - (3) Eligible entities.--Any entity or group of 2 or more - entities may submit to the Director a research proposal in - response to the solicitation for research proposals under - paragraph (1), including-- - (A) State and local agencies; - (B) public institutions, including public - institutions of higher education; - (C) private corporations; and - (D) nonprofit organizations. + (1) In general.--Not later than 180 days after the date of the + submittal of the report required by subsection (b)(3)(B), the + Director of the National Institute of Standards and Technology + shall, subject to the availability of appropriations-- + (A) issue a solicitation for research proposals to carry + out the research recommendations identified in the report + submitted under subsection (b)(3)(B); and + (B) award grants to applicants that submit research + proposals to develop safe alternatives to per- and + polyfluoroalkyl substances in personal protective equipment. + (2) Criteria.--The Director shall select research proposals to + receive a grant under paragraph (1) on the basis of merit, using + criteria identified by the Director, including the likelihood that + the research results will address the findings of the Director with + respect to the study conducted under subsection (b)(1). + (3) Eligible entities.--Any entity or group of 2 or more + entities may submit to the Director a research proposal in response + to the solicitation for research proposals under paragraph (1), + including-- + (A) State and local agencies; + (B) public institutions, including public institutions of + higher education; + (C) private corporations; and + (D) nonprofit organizations. + (4) Authorization of appropriations.--There are authorized to + be appropriated $5,000,000 for fiscal year 2023, $5,000,000 for + fiscal year 2024, and $5,000,000 for fiscal year 2025 to carry out + this section. (d) Authority for Director of the National Institute of Standards and Technology to Consult With Experts on Matters Relating to Per- and Polyfluoroalkyl Substances.--In carrying out this section, the Director @@ -8815,32 +8862,24 @@ governments, and science and research institutions determined by the Director to have scientific or material interest in reducing unnecessary occupational exposure to per- and polyfluoroalkyl substances by firefighters. - (e) Authorization of Appropriations.-- - (1) In general.--There are authorized to be appropriated to - the Director $2,500,000 to carry out this section. - (2) Supplement not supplant.--Funds made available to carry - out this section shall supplement and not supplant funds made - available to the Director for other purposes. - -SEC. 342. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROPERTY PROGRAMS - WITH RESPECT TO NEED AND WILDFIRE RISK. - + SEC. 339. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROPERTY + PROGRAMS WITH RESPECT TO NEED AND WILDFIRE RISK. (a) Assessment of Programs.-- - (1) In general.--The Secretary of Defense, acting through - the Director of the Defense Logistics Agency, jointly with the - Secretary of Agriculture, acting through the Chief of the - Forest Service, shall assess the Firefighter Property Program - (FFP) and the Federal Excess Personal Property Program (FEPP) - implementation and best practices, taking into account - community need and risk, including whether a community is an - at-risk community (as defined in section 101(1) of the Healthy - Forests Restoration Act of 2003 (16 U.S.C. 6511(1)). - (2) Collaboration.--In carrying out the assessment required - under paragraph (1), the Secretary of Defense, acting through - the Director of the Defense Logistics Agency, and the Secretary - of Agriculture, acting through the Chief of the Forest Service, - shall consult with State foresters and participants in the - programs described in such paragraph. + (1) In general.--The Secretary of Defense, acting through the + Director of the Defense Logistics Agency, jointly with the + Secretary of Agriculture, acting through the Chief of the Forest + Service, shall assess the Firefighter Property Program (FFP) and + the Federal Excess Personal Property Program (FEPP) implementation + and best practices, taking into account community need and risk, + including whether a community is an at-risk community (as defined + in section 101(1) of the Healthy Forests Restoration Act of 2003 + (16 U.S.C. 6511(1)). + (2) Collaboration.--In carrying out the assessment required + under paragraph (1), the Secretary of Defense, acting through the + Director of the Defense Logistics Agency, and the Secretary of + Agriculture, acting through the Chief of the Forest Service, shall + consult with State foresters and participants in the programs + described in such paragraph. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Logistics Agency, jointly with the Secretary of @@ -8854,242 +8893,230 @@ programs described in such paragraph. Subtitle C--Logistics and Sustainment -SEC. 351. NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW. - + SEC. 341. NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW. (a) In General.--Chapter 2 of title 10, United States Code, is amended by inserting after section 118 the following new section: ``Sec. 118a. National Defense Sustainment and Logistics Review - ``(a) Quadrennial Review Required.--Two years after the submittal -of each national defense strategy under section 113(g) of this title, -the Secretary of Defense shall conduct a comprehensive review of the -sustainment and logistics requirements necessary to support the force -structure, force modernization, infrastructure, and other elements of -the defense program and policies of the United States during the -subsequent 5-, 10-, and 25-year periods. Each such review shall be -known as the `National Defense Sustainment and Logistics Review'. Each -such review shall be conducted in consultation with the Secretaries of -the military departments, the chief of the armed services, the -Commander of United States Transportation Command, and the Commander of -the Defense Logistics Agency. + ``(a) Review Required.--Upon submission of each national defense +strategy under section 113(g) of this title, the Secretary of Defense +shall conduct a comprehensive review of the sustainment and logistics +requirements necessary to support the force structure, force +modernization, infrastructure, force deployment capabilities, and other +elements of the defense program and policies of the United States +during the subsequent 5-, 10-, and 25-year periods. Each such review +shall be known as the `National Defense Sustainment and Logistics +Review'. Each such review shall be conducted in consultation with the +Secretaries of the military departments, the Chiefs of Staff of the +Armed Forces, all functional and geographic combatant commanders, and +the Director of the Defense Logistics Agency. ``(b) Report to Congress.--(1) Not later than the first Monday in -February of the year following the fiscal year during which the review -required by subsection (a) is submitted, the Secretary shall submit to -the congressional defense committees a report on the review. Each such +February of the year following the fiscal year during which the +National Defense Strategy was submitted under section 113(g) of this +title, the Secretary shall submit to the congressional defense +committees a report on the review required by subsection (a). Each such report shall include each of the following: - ``(A) An assessment of the strategic and tactical maritime - logistics force (including non-military assets provided by - Military Sealift Command and through the Voluntary Intermodal - Sealift Agreement) required to support sealift and at sea - logistics requirements of forces to meet steady state and - contingency requirements. - ``(B) An assessment of the strategic and tactical airlift - and tankers (including non-military assets provided by the - Civil Reserve Air Fleet and through the Voluntary Tanker - Agreement) required to support movement of forces to meet - steady state and contingency requirements. - ``(C) An assessment of the location, configuration, and - inventory of prepositioned materiel and equipment programs - required to meet steady state and contingency requirements. - ``(D) An assessment of the location, infrastructure, and - storage capacity for petroleum, oil, and lubricant products, as - well as the ability to distribute such products from storage - supply points to deployed military forces, required to meet - steady state and contingency requirements. - ``(E) An assessment of the capabilities, capacity, and - infrastructure of the Department of Defense organic industrial - base and private sector industrial base required to meet - steady-state and surge software and depot maintenance - requirements. - ``(F) An assessment of the production capability, capacity, - and infrastructure, of the Department of Defense organic - industrial base and private sector industrial base required to - meet steady-state and surge production requirements for - ammunition and other military munitions. - ``(G) An assessment of the condition, capacity, and - location of military infrastructure required to project - military forces to meet steady-state and contingency - requirements. - ``(H) An assessment of the cybersecurity risks to military - and commercial logistics networks and information technology - systems. - ``(I) An assessment of the gaps between the requirements - identified under subparagraphs (A) through (H) compared to the - actual force structure and infrastructure capabilities, - capacity, and posture and the risks associated with each gap as - it relates to the ability to meet the national defense - strategy. - ``(J) A discussion of the identified mitigations being - pursued to address each gap and risk identified under - subparagraph (I) as well as the initiatives and resources - planned to address such gaps, as included in the Department of - Defense budget request submitted during the same year as the - report and the applicable future-years defense program. - ``(K) An assessment of the extent to which wargames - conducted by the Department of Defense, Joint Staff, geographic - combatant commands, and military departments incorporate - logistics capabilities and threats and a description of the - logistics constraints to operations identified through such - wargames. - ``(L) Such other matters the Secretary of Defense considers - appropriate. - ``(2) The report required under this subsection shall be submitted + ``(A) An assessment of the strategic, operational, and tactical + maritime logistics force (including non-military assets provided by + Military Sealift Command, the Maritime Administration, and through + the Voluntary Intermodal Sealift Agreement and Voluntary Tanker + Agreement) required to support sealift, at sea logistics, and over- + the-shore logistics of forces to meet steady state and contingency + requirements and the strategic and intra-theater movement of + supplies, personnel, and equipment. + ``(B) An assessment of the strategic, operational, and tactical + airlift and tankers (including non-military assets provided by the + Civil Reserve Air Fleet) required to meet steady state and + contingency requirements. + ``(C) An assessment of the location, configuration, material + condition, and inventory of prepositioned materiel, equipment, and + war reserves programs, as well as the ability to store and + distribute these items to deployed military forces, required to + meet steady state and contingency requirements. + ``(D) An assessment of the location, infrastructure, and + storage capacity for petroleum, oil, and lubricant products, as + well as the ability to store, transport, and distribute such + products from storage supply points to deployed military forces, + required to meet steady state and contingency requirements. + ``(E) An assessment of the capabilities, capacity, and + infrastructure of the Department of Defense organic industrial base + and private sector industrial base required to meet steady-state + and surge software and depot maintenance requirements. + ``(F) An assessment of the production capability, capacity, and + infrastructure, of the Department of Defense organic industrial + base and private sector industrial base required to meet steady- + state and surge production requirements for ammunition and other + military munitions. + ``(G) An assessment of the condition, capacity, location, and + survivability under likely threats of military infrastructure + located both inside the continental United States and outside the + continental United States, including agreements with and + infrastructure provided by international partners, required to + generate, project, and sustain military forces to meet steady-state + and contingency requirements. + ``(H) An assessment of the cybersecurity risks to military and + commercial logistics networks and information technology systems. + ``(I) An assessment of the gaps between the requirements + identified under subparagraphs (A) through (H) compared to the + actual force structure and infrastructure capabilities, capacity, + and posture and the risks associated with each gap as it relates to + the ability to meet the national defense strategy. + ``(J) A discussion of the identified mitigations being pursued + to address each gap and risk identified under subparagraph (I) as + well as the initiatives and resources planned to address such gaps, + as included in the Department of Defense budget request submitted + during the same year as the report and the applicable future-years + defense program. + ``(K) An assessment of the extent to which wargames incorporate + logistics capabilities and threats and a description of the + logistics constraints and restraints to operations identified + through such wargames. + ``(L) An assessment of the ability of the Department of + Defense, the Armed Forces, and the combatant commands to leverage + and integrate emergent logistics related technologies and advanced + computing systems. + ``(M) Such other matters the Secretary of Defense considers + appropriate. + ``(2) In preparing the report under paragraph (1), the Secretary of +Defense shall consult with, and consider the recommendations of, the +Chairman of the Joint Chiefs of Staff. + ``(3) The report required under this subsection shall be submitted in classified form and shall include an unclassified summary. ``(c) Comptroller General Review.--Not later than 180 days after the date on which Secretary submits each report required under subsection (b), the Comptroller General shall submit to the congressional defense committees a report that includes an assessment of each of the following: - ``(1) Whether the report includes each of the elements - referred to in subsection (b). - ``(2) The strengths and weaknesses of the approach and - methodology used in conducting the review required under - subsection (a) that is covered by the report. - ``(3) Any other matters relating to sustainment that may - arise from the report, as the Comptroller General considers - appropriate. + ``(1) Whether the report includes each of the elements referred + to in subsection (b). + ``(2) The strengths and weaknesses of the approach and + methodology used in conducting the review required under subsection + (a) that is covered by the report. + ``(3) Any other matters relating to sustainment that may arise + from the report, as the Comptroller General considers appropriate. ``(d) Relationship to Budget.--Nothing in this section shall be -construed to affect section 1105(a) of title 31. - ``(e) Termination.--The requirement to submit a report under this -section shall terminate on the date that is 10 years after the date of -the enactment of this section.''. +construed to affect section 1105(a) of title 31.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item: ``118a. National Defense Sustainment and Logistics Review.''. + (c) Deadline for Submittal of First Report.--Notwithstanding the deadline in subsection (b)(1) of section 118a of title 10, United -States Code, the Secretary of Defense shall submit the first report -under such section by no later than the date that is 18 months after -the date of the enactment of this Act. - -SEC. 352. EXTENSION OF SUNSET RELATING TO CHARTER AIR TRANSPORTATION - SERVICES. - - Section 9515(k) of title 10, United States Code, is amended by -striking ``2020'' and inserting ``2025''. - -SEC. 353. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY SHIP DEPOT - MAINTENANCE BUDGET REPORT. - +States Code, as added by subsection (a), the Secretary of Defense shall +submit the first report under such section not later than the date that +is 18 months after the date of the enactment of this Act, unless a new +National Defense Strategy is released prior to such date. + SEC. 342. REPEAL OF SUNSET FOR MINIMUM ANNUAL PURCHASE AMOUNT FOR + CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR FLEET. + Section 9515 of title 10, United States Code, is amended by +striking subsection (k). + SEC. 343. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY SHIP DEPOT + MAINTENANCE BUDGET REPORT. Section 363(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at the end the following new paragraphs: - ``(6) The execution of the planned schedule, categorized by - class of ship, for each of the three preceding fiscal years, - including-- - ``(A) the actual contract award compared to the - milestone; - ``(B) the planned completion date compared to the - actual completion date; and - ``(C) each regional maintenance center's - availability schedule performance for on-time - availability completion. - ``(7) In accordance with the findings of the Government - Accountability Office (GAO 20-370)-- - ``(A) in 2021, an analysis plan for the evaluation - of pilot program availabilities funded by the Other - Procurement, Navy account; and - ``(B) in 2022, a report on the Navy's progress - implementing such analysis plan.''. - -SEC. 354. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS FORWARD - DEPLOYMENT OF NAVAL VESSELS. - - Section 323(b) of the National Defense Authorization Act for Fiscal -Year 2019 (Public Law 115-232; 10 U.S.C. 8690 note) is amended by -striking ``In the case of any naval vessel'' and inserting ``In the -case of any aircraft carrier, amphibious ship, cruiser, destroyer, -frigate, or littoral combat ship''. - -SEC. 355. INDEPENDENT ADVISORY PANEL ON WEAPON SYSTEM SUSTAINMENT. - + ``(6) The execution of the planned schedule, categorized by + class of ship, for each of the three preceding fiscal years, + including-- + ``(A) the actual contract award compared to the milestone; + ``(B) the planned completion date compared to the actual + completion date; and + ``(C) each regional maintenance center's availability + schedule performance for on-time availability completion. + ``(7) In accordance with the findings of the Government + Accountability Office (GAO 20-370)-- + ``(A) in 2021, an analysis plan for the evaluation of pilot + program availabilities funded by the Other Procurement, Navy + account; and + ``(B) in 2022, a report on the Navy's progress implementing + such analysis plan.''. + SEC. 344. CLARIFICATION OF LIMITATION ON LENGTH OF OVERSEAS FORWARD + DEPLOYMENT OF CURRENTLY DEPLOYED NAVAL VESSELS. + Section 323(b) of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1720; 10 U.S.C. +8690 note) is amended by striking ``In the case of any naval vessel'' +and inserting ``In the case of any aircraft carrier, amphibious ship, +cruiser, destroyer, frigate, or littoral combat ship''. + SEC. 345. INDEPENDENT ADVISORY PANEL ON WEAPON SYSTEM SUSTAINMENT. (a) Establishment.--The Secretary of Defense shall establish an independent advisory panel (in this section referred to as the ``panel'') on the weapon system sustainment ecosystem. The National Defense University and the Defense Acquisition University shall sponsor the panel, including by providing administrative support. (b) Membership.-- - (1) Composition.--The panel shall be comprised of nine - members, of whom-- - (A) five shall be appointed by the Secretary of - Defense; - (B) one shall be appointed by the Chairman of the - Committee on Armed Services of the Senate; - (C) one shall be appointed by the Ranking Member of - the Committee on Armed Services of the Senate; - (D) one shall be appointed by the Chairman of the - Committee on Armed Services of the House of - Representatives; and - (E) one shall be appointed by the Ranking Member of - the Committee on Armed Services of the House of - Representatives. - (2) Expertise.--In making appointments under this - subsection, consideration should be given to individuals with - expertise in public and private-sector acquisition, - sustainment, and logistics policy in aviation, ground, maritime - systems, and space systems and their related components. - (3) Appointment date.--The appointment of the members of - the panel shall be made not later than 120 days after the date - of the enactment of this Act. + (1) Composition.--The panel shall be comprised of nine members, + of whom-- + (A) five shall be appointed by the Secretary of Defense; + (B) one shall be appointed by the Chairman of the Committee + on Armed Services of the Senate; + (C) one shall be appointed by the Ranking Member of the + Committee on Armed Services of the Senate; + (D) one shall be appointed by the Chairman of the Committee + on Armed Services of the House of Representatives; and + (E) one shall be appointed by the Ranking Member of the + Committee on Armed Services of the House of Representatives. + (2) Expertise.--In making appointments under this subsection, + consideration should be given to individuals with expertise in + public and private-sector acquisition, sustainment, and logistics + policy in aviation, ground, maritime systems, and space systems and + their related components. + (3) Appointment date.--The appointment of the members of the + panel shall be made not later than 120 days after the date of the + enactment of this Act. (c) Duties.--The panel shall-- - (1) review the weapon system sustainment ecosystem from - development, production, and sustainment of the weapon system - through use in the field, depot and field-level maintenance, - modification, and disposal with a goal of-- - (A) maximizing the availability and mission - capabilities of weapon systems; - (B) reducing overall life-cycle costs of weapon - systems during fielding, operation and sustainment; and - (C) aligning weapon system sustainment functions to - the most recent national defense strategy submitted - pursuant to section 113 of title 10, United States - Code; and - (2) using information from the review of the weapon system - sustainment ecosystem, make recommendations related to - statutory, regulatory, policy, or operational best practices - the panel considers necessary. + (1) review the weapon system sustainment ecosystem from + development, production, and sustainment of the weapon system + through use in the field, depot and field-level maintenance, + modification, and disposal with a goal of-- + (A) maximizing the availability and mission capabilities of + weapon systems; + (B) reducing overall life-cycle costs of weapon systems + during fielding, operation and sustainment; and + (C) aligning weapon system sustainment functions to the + most recent national defense strategy submitted pursuant to + section 113 of title 10, United States Code; and + (2) using information from the review of the weapon system + sustainment ecosystem, make recommendations related to statutory, + regulatory, policy, or operational best practices the panel + considers necessary. (d) Report.-- - (1) Interim report.--Not later than 1 year after the date - on which all members of the panel have been appointed, the - panel shall provide to the Secretary of Defense and the - Committees on Armed Services of the Senate and House of - Representatives a briefing on the interim findings and - recommendations of the panel. - (2) Final report.--Not later than 2 years after the date on - which all members of the panel have been appointed, the panel - shall submit to the Secretary of Defense and the Committees on - Armed Services of the Senate and House of Representatives a - report setting for a detailed statement of the findings and - conclusions the panel as a result of the review described in - subsection (c), together with such recommendations related to - statutory, regulatory, policy, or operational practices as the - panel considers appropriate in light of the results of the - review. + (1) Interim report.--Not later than 1 year after the date on + which all members of the panel have been appointed, the panel shall + provide to the Secretary of Defense and the Committees on Armed + Services of the Senate and House of Representatives a briefing on + the interim findings and recommendations of the panel. + (2) Final report.--Not later than 2 years after the date on + which all members of the panel have been appointed, the panel shall + submit to the Secretary of Defense and the Committees on Armed + Services of the Senate and House of Representatives a report + setting forth a detailed statement of the findings and conclusions + of the panel as a result of the review described in subsection (c), + together with such recommendations related to statutory, + regulatory, policy, or operational practices as the panel considers + appropriate in light of the results of the review. (e) Administrative Matters.-- - (1) In general.--The Secretary of Defense shall provide the - panel with timely access to appropriate information, data, - resources, analysis, and logistics support so that the panel - may conduct a thorough and independent assessment as required - under this section. - (2) Effect of lack of appointment by appointment date.--If - any member has not been appointed by the date specified in - subsection (b)(3), the authority to appoint such member under - subsection (b)(1) shall expire, and the number of members of - the panel shall be reduced by the number equal to the number of - appointments so not made. - (3) Period of appointment; vacancies.--Members of the panel - shall be appointed for the duration of the panel. Any vacancy - in the panel shall not affect its powers, but shall be filled - in the same manner as the original appointment. - (4) Chair.--The panel shall select a Chair from among its - members. The Chair may not be a Federal officer or employee. + (1) In general.--The Secretary of Defense shall provide the + panel with timely access to appropriate information, data, + resources, analysis, and logistics support so that the panel may + conduct a thorough and independent assessment as required under + this section. + (2) Effect of lack of appointment by appointment date.--If any + member has not been appointed by the date specified in subsection + (b)(3), the authority to appoint such member under subsection + (b)(1) shall expire, and the number of members of the panel shall + be reduced by the number equal to the number of appointments so not + made. + (3) Period of appointment; vacancies.--Members of the panel + shall be appointed for the duration of the panel. Any vacancy in + the panel shall not affect its powers, but shall be filled in the + same manner as the original appointment. + (4) Chair.--The panel shall select a Chair from among its + members. The Chair may not be a Federal officer or employee. (f) Termination.--The panel shall terminate 90 days after the date on which the panel submits the report required under subsection (d)(2). - -SEC. 356. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD INFRASTRUCTURE - OPTIMIZATION PLAN. - + SEC. 346. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD INFRASTRUCTURE + OPTIMIZATION PLAN. (a) Briefings Required.--During the period beginning on July 1, 2020, and ending on July 1, 2025, the Secretary of the Navy shall provide to the congressional defense committees biannual briefings on @@ -9097,149 +9124,159 @@ the status of the Shipyard Infrastructure Optimization Plan. (b) Elements of Briefings.--Each briefing under subsection (a) shall include a discussion of the status of each of the following elements: - (1) A master plan for infrastructure development, including - projected military construction and capital equipment projects. - (2) A planning and design update for military construction, - minor military construction, and facility sustainment projects - over the subsequent five-year period. - (3) A human capital management and development plan. - (4) A workload management plan that includes - synchronization requirements for each shipyard and ship class. - (5) Performance metrics and an assessment plan. - (6) A funding and authority plan that includes funding - lines across the future years defense program. - -SEC. 357. MATERIEL READINESS METRICS AND OBJECTIVES FOR MAJOR WEAPON - SYSTEMS. - - (a) In General.--Section 118 of title 10, United States Code is + (1) A master plan for infrastructure development, including + projected military construction and capital equipment projects. + (2) A planning and design update for military construction, + minor military construction, and facility sustainment projects over + the subsequent five-year period. + (3) A human capital management and development plan. + (4) A workload management plan that includes synchronization + requirements for each shipyard and ship class. + (5) Performance metrics and an assessment plan. + (6) A funding and authority plan that includes funding lines + across the future years defense program. + (7) A listing of equipment from Federal Supply Classes 3411 + (Boring Machines), 3416 (Lathes) and 3441 (Bending and Forming + Machines) that has been unserviceable for over 30 consecutive days, + including, for each such piece of equipment-- + (A) the reason for the delayed repair; + (B) the availability of technical representatives from the + manufacturer to provide assistance in diagnosing and repairing + the discrepancy; and + (C) the estimated time to repair. + SEC. 347. MATERIEL READINESS METRICS AND OBJECTIVES FOR MAJOR + WEAPON SYSTEMS. + (a) In General.--Section 118 of title 10, United States Code, is amended-- - (1) by amending the section heading to read as follows: - ``Materiel readiness metrics and objectives for major weapon - systems''; - (2) by striking ``Not later than five days'' and inserting - the following: + (1) by amending the section heading to read as follows: + ``Materiel readiness metrics and objectives for major weapon + systems''; + (2) by striking ``Not later than five days'' and inserting the + following: ``(d) Budget Justification.--Not later than five days''; - (3) by inserting before subsection (d) (as designated by - paragraph (2)) the following new subsections: + (3) by inserting before subsection (d) (as designated by + paragraph (2)) the following new subsections: ``(a) Materiel Readiness Metrics.--Each head of an element of the Department specified in paragraphs (1) through (10) of section 111(b) of this title shall establish and maintain materiel readiness metrics to enable assessment of the readiness of members of the armed forces to carry out-- - ``(1) the strategic framework required by section - 113(g)(1)(B)(vii) of this title; and - ``(2) guidance issued by the Secretary of Defense pursuant - to section 113(g)(1)(B) of this title. + ``(1) the strategic framework required by section + 113(g)(1)(B)(vii) of this title; and + ``(2) guidance issued by the Secretary of Defense pursuant to + section 113(g)(1)(B) of this title. ``(b) Required Metrics.--At a minimum, the materiel readiness metrics required by subsection (a) shall address the materiel availability, operational availability, operational capability, and materiel reliability of each major weapon system by designated mission, design series, variant, or class. ``(c) Materiel Readiness Objectives.--(1) Not later than one year -after the date of the enactment of this Act, each head of an element -described in subsection (a) shall establish the metrics required by -subsection (b) necessary to support the strategic framework and -guidance referred to in paragraph (1) and (2) of subsection (a). +after the date of the enactment of this subsection, each head of an +element described in subsection (a) shall establish the metrics +required by subsection (b) necessary to support the strategic framework +and guidance referred to in paragraph (1) and (2) of subsection (a). ``(2) Annually, each head of an element described in subsection (a) shall review and revise the metrics required by subsection (b) and include any such revisions in the materials submitted to Congress in support of the budget of the President under section 1105 of title 31.''; - (4) in subsection (d) (as designated by paragraph (2))-- - (A) in paragraph (1)-- - (i) by striking ``materiel reliability, and - mean down time metrics for each major weapons - system'' and inserting ``operational - availability, and materiel reliability for each - major weapon system''; and - (ii) by inserting ``and'' at the end; - (B) in paragraph (2), by striking ``; and'' and - inserting a period at the end; and - (C) by striking paragraph (3); and - (5) by adding at the end the following new subsection: + (4) in subsection (d) (as designated by paragraph (2))-- + (A) in paragraph (1)-- + (i) by striking ``materiel reliability, and mean down + time metrics for each major weapons system'' and inserting + ``operational availability, and materiel reliability for + each major weapon system''; and + (ii) by inserting ``and'' at the end; + (B) in paragraph (2), by striking ``; and'' and inserting a + period at the end; and + (C) by striking paragraph (3); and + (5) by adding at the end the following new subsection: ``(e) Definitions.--In this section: - ``(1) The term `major weapon system' has the meaning given - in section 2379(f) of this title. - ``(2) The term `materiel availability' means a measure of - the percentage of the total inventory of a major weapon system - that is operationally capable of performing an assigned - mission. - ``(3) The term `materiel reliability' means the probability - that a major weapon system will perform without failure over a - specified interval. - ``(4) The term `operational availability' means a measure - of the percentage of time a major weapon system is - operationally capable. - ``(5) The term `operationally capable' means a materiel - condition indicating that a major weapon system is capable of - performing its assigned mission and has no discrepancies with a - subsystem of a major weapon system.''. + ``(1) The term `major weapon system' has the meaning given in + section 2379(f) of this title. + ``(2) The term `materiel availability' means a measure of the + percentage of the total inventory of a major weapon system that is + operationally capable of performing an assigned mission. + ``(3) The term `materiel reliability' means the probability + that a major weapon system will perform without failure over a + specified interval. + ``(4) The term `operational availability' means a measure of + the percentage of time a major weapon system is operationally + capable. + ``(5) The term `operationally capable' means a materiel + condition indicating that a major weapon system is capable of + performing its assigned mission and has no discrepancies with a + subsystem of a major weapon system.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 2 of title 10, United States Code, is amended by striking the item relating to section 118 and inserting the following new item: ``118. Materiel readiness metrics and objectives for major defense - acquisition programs.''. - (c) Briefing.--Not later than October 1, 2021, the Secretary of -Defense shall brief the congressional defense committees regarding the -implementation of the materiel readiness metrics required under section -118 of title 10, United States Code, as amended by subsection (a). + acquisition programs.''. + SEC. 348. REPEAL OF STATUTORY REQUIREMENT FOR NOTIFICATION TO + DIRECTOR OF DEFENSE LOGISTICS AGENCY THREE YEARS PRIOR TO + IMPLEMENTING CHANGES TO ANY UNIFORM OR UNIFORM COMPONENT. + Section 356 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 771 note prec.) +is amended-- + (1) by striking subsection (a); + (2) by redesignating subsections (b) and (c) as subsections (a) + and (b), respectively; and + (3) in subsections (a) and (b), as so redesignated, by striking + ``Commander'' each place it appears and inserting ``Director''. Subtitle D--Munitions Safety and Oversight -SEC. 361. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE SAFETY BOARD. - + SEC. 351. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE SAFETY BOARD. (a) Responsibilities.--Section 172 of title 10, United States Code, is amended by adding at the end the following new subsections: ``(c) Responsibilities of Chair.--The chair of the explosive safety board shall carry out the following responsibilities: - ``(1) To act as the principal executive representative and - advisor of the Secretary on explosive and chemical agent safety - matters related to Department of Defense military munitions. - ``(2) To perform the hazard classification approval duties - assigned to the chair. - ``(3) To preside over meetings of the explosive safety - board. - ``(4) To direct the staff of the explosive safety board. - ``(5) To performs other functions relating to explosives - safety management, as directed by the Assistant Secretary of - Defense for Sustainment. - ``(6) To provide impartial and objective advice related to - explosives safety management to the Secretary of Defense and - the heads of the military departments. - ``(7) To serve as the principal representative and advisor - of the Department of Defense on matters relating to explosives - safety management. - ``(8) To provide assistance and advice to the Under - Secretary of Defense for Acquisition and Sustainment and the - Deputy Director of Land Warfare and Munitions in munitions - acquisition oversight and technology advancement for Department - of Defense military munitions, especially in the areas of - explosives and chemical agent safety and demilitarization. - ``(9) To provide assistance and advice to the Assistant - Secretary of Defense for Logistics and Material Readiness in - sustainment oversight of Department of Defense military - munitions, especially in the areas of explosives and chemical - agent safety, storage, transportation, and demilitarization. - ``(10) To develop and recommend issuances to define the - functions of the explosive safety board. - ``(11) To establishes joint hazard classification - procedures with covered components of the Department. - ``(12) To make recommendations to the Under Secretary of - Defense for Acquisition and Sustainment with respect to - explosives and chemical agent safety tenets and requirements. - ``(13) To conducts oversight of Department of Defense - explosive safety management programs. - ``(14) To carry out such other responsibilities as the - Secretary of Defense determines appropriate. + ``(1) To act as the principal executive representative and + advisor of the Secretary on explosive and chemical agent safety + matters related to Department of Defense military munitions. + ``(2) To perform the hazard classification approval duties + assigned to the chair. + ``(3) To preside over meetings of the explosive safety board. + ``(4) To direct the staff of the explosive safety board. + ``(5) To performs other functions relating to explosives safety + management, as directed by the Assistant Secretary of Defense for + Sustainment. + ``(6) To provide impartial and objective advice related to + explosives safety management to the Secretary of Defense and the + heads of the military departments. + ``(7) To serve as the principal representative and advisor of + the Department of Defense on matters relating to explosives safety + management. + ``(8) To provide assistance and advice to the Under Secretary + of Defense for Acquisition and Sustainment and the Deputy Director + of Land Warfare and Munitions in munitions acquisition oversight + and technology advancement for Department of Defense military + munitions, especially in the areas of explosives and chemical agent + safety and demilitarization. + ``(9) To provide assistance and advice to the Assistant + Secretary of Defense for Logistics and Material Readiness in + sustainment oversight of Department of Defense military munitions, + especially in the areas of explosives and chemical agent safety, + storage, transportation, and demilitarization. + ``(10) To develop and recommend issuances to define the + functions of the explosive safety board. + ``(11) To establishes joint hazard classification procedures + with covered components of the Department. + ``(12) To make recommendations to the Under Secretary of + Defense for Acquisition and Sustainment with respect to explosives + and chemical agent safety tenets and requirements. + ``(13) To conducts oversight of Department of Defense explosive + safety management programs. + ``(14) To carry out such other responsibilities as the + Secretary of Defense determines appropriate. ``(d) Responsibilities of Executive Director and Civilian Members.--The executive director and civilian members of the explosive safety board shall-- - ``(1) provide assistance to the chair in carrying out the - responsibilities specified in subsection (c); and - ``(2) carry out such other responsibilities as the chair - determines appropriate. + ``(1) provide assistance to the chair in carrying out the + responsibilities specified in subsection (c); and + ``(2) carry out such other responsibilities as the chair + determines appropriate. ``(e) Meetings.--(1) The explosive safety board shall meet not less frequently than quarterly. ``(2) The chair shall submit to the congressional defense @@ -9247,26 +9284,24 @@ committees an annual report describing the activities conducted at the meetings of the board. ``(f) Exclusive Responsibilities.--The explosive safety board shall have exclusive responsibility within the Department of Defense for-- - ``(1) recommending new and updated explosive and chemical - agent safety regulations and standards to the Assistant - Secretary of Defense for Energy Installations and Environment - for submittal to the Under Secretary of Defense for Acquisition - and Sustainment; and - ``(2) acting as the primary forum for coordination among - covered components of the Department on all matters related to - explosive safety management. + ``(1) recommending new and updated explosive and chemical agent + safety regulations and standards to the Assistant Secretary of + Defense for Energy Installations and Environment for submittal to + the Under Secretary of Defense for Acquisition and Sustainment; and + ``(2) acting as the primary forum for coordination among + covered components of the Department on all matters related to + explosive safety management. ``(g) Covered Components.--In this section, the covered components of the Department are each of the following: - ``(1) The Office of the Secretary of Defense. - ``(2) The military departments. - ``(3) The Office of the Chairman of the Joint Chiefs of - Staff and the Joint Staff, the Combatant Commands. - ``(4) The Office of the Inspector General of the - Department. - ``(5) The Defense Agencies. - ``(6) The Department of Defense field activities. - ``(7) All other organizational entities within the - Department.''. + ``(1) The Office of the Secretary of Defense. + ``(2) The military departments. + ``(3) The Office of the Chairman of the Joint Chiefs of Staff + and the Joint Staff, the Combatant Commands. + ``(4) The Office of the Inspector General of the Department. + ``(5) The Defense Agencies. + ``(6) The Department of Defense field activities. + ``(7) All other organizational entities within the + Department.''. (b) Deadline for Appointment.--By not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall take such steps as may be necessary to ensure that the explosive safety @@ -9285,76 +9320,66 @@ including the chair, of the Department of Defense explosive safety board, as authorized under section 172 of title 10, United States Code, as amended by this section, have been filled by military officers as required by such section. - -SEC. 362. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM. - + SEC. 352. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM. (a) Roles, Responsibilities, and Authorities.--Section 2284(b) of title 10, United States Code, as amended by section 1052 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is further amended-- - (1) in paragraph (1)(A)-- - (A) by inserting ``and'' before ``integration''; - and - (B) by striking ``an Assistant Secretary of - Defense'' and inserting ``the Assistant Secretary of - Defense for Special Operations and Low Intensity - Conflict''; - (2) in paragraph (2), by striking ``to whom responsibility - is assigned under paragraph (1)(A)'' and inserting ``for - Special Operations and Low Intensity Conflict''; - (3) by redesignating paragraphs (3) and (4) as paragraphs - (4) and (5), respectively; and - (4) by inserting after paragraph (2) the following new - paragraph (3): - ``(3) the Assistant Secretary of Defense for Special - Operations and Low Intensity Conflict shall coordinate with-- - ``(A) the Under Secretary of Defense for - Intelligence on explosive ordnance technical - intelligence; - ``(B) the Under Secretary of Defense for - Acquisition and Sustainment on explosive ordnance - disposal research, development, acquisition, and - sustainment; - ``(C) the Under Secretary of Defense for Research - and Engineering on explosive ordnance disposal - research, development, test, and evaluation; - ``(D) the Assistant Secretary of Defense for - Homeland Security and Global Security on explosive - ordnance disposal on defense support of civil - authorities; and - ``(E) the Assistant Secretary of Defense for - Nuclear, Chemical, and Biological Defense programs on - explosive ordnance disposal for combating weapons of - mass destruction;''. + (1) in paragraph (1)(A)-- + (A) by inserting ``and'' before ``integration''; and + (B) by striking ``an Assistant Secretary of Defense'' and + inserting ``the Assistant Secretary of Defense for Special + Operations and Low Intensity Conflict''; + (2) in paragraph (2), by striking ``to whom responsibility is + assigned under paragraph (1)(A)'' and inserting ``for Special + Operations and Low Intensity Conflict''; + (3) by redesignating paragraphs (3) and (4) as paragraphs (4) + and (5), respectively; and + (4) by inserting after paragraph (2) the following new + paragraph (3): + ``(3) the Assistant Secretary of Defense for Special Operations + and Low Intensity Conflict shall coordinate with-- + ``(A) the Under Secretary of Defense for Intelligence on + explosive ordnance technical intelligence; + ``(B) the Under Secretary of Defense for Acquisition and + Sustainment on explosive ordnance disposal research, + development, acquisition, and sustainment; + ``(C) the Under Secretary of Defense for Research and + Engineering on explosive ordnance disposal research, + development, test, and evaluation; + ``(D) the Assistant Secretary of Defense for Homeland + Security and Global Security on explosive ordnance disposal on + defense support of civil authorities; and + ``(E) the Assistant Secretary of Defense for Nuclear, + Chemical, and Biological Defense programs on explosive ordnance + disposal for combating weapons of mass destruction;''. (b) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report of the Explosive Ordnance Disposal Defense Program under section 2284 of title 10, United States Code. Such report shall include each of the following: - (1) The status of the establishment and organization of the - Program and the compliance with the requirements of such - section, as amended by section 1052 of the National Defense - Authorization Act for Fiscal Year 2020. - (2) An assessment of the feasibility and advisability of - designating the Joint Program Executive Officer for Armaments - and Ammunition as the joint program executive officer for the - explosive ordnance disposal program or establishing a rotation - of the role between an Army, Navy, and Air Force entity on a - periodic basis. - (3) An assessment of the feasibility and advisability of - designating the Director of the Defense Threat Reduction Agency - with management responsibility for a Defense-wide program - element for explosive ordnance disposal research, development, - test, and evaluation transactions other than contracts, - cooperative agreements, and grants related to section 2371 of - title 10, United States Code, during research projects - including rapid prototyping and limited procurement urgent - activities and acquisition. - -SEC. 363. ASSESSMENT OF RESILIENCE OF DEPARTMENT OF DEFENSE MUNITIONS - ENTERPRISE. - + (1) The status of the establishment and organization of the + Program and the compliance with the requirements of such section, + as amended by section 1052 of the National Defense Authorization + Act for Fiscal Year 2020. + (2) An assessment of the feasibility and advisability of + designating the Joint Program Executive Officer for Armaments and + Ammunition as the joint program executive officer for the explosive + ordnance disposal program, establishing a rotation of the role + between an Army, Navy, and Air Force entity on a periodic basis, or + other options determined appropriate. + (3) An assessment of the feasibility and advisability of + designating the Director of the Defense Threat Reduction Agency + with management responsibility for a Defense-wide program element + for explosive ordnance disposal research, development, test, and + evaluation transactions other than contracts, cooperative + agreements, and grants related to section 2371 of title 10, United + States Code, during research projects including rapid prototyping + and limited procurement urgent activities and acquisition. + SEC. 353. ASSESSMENT OF RESILIENCE OF DEPARTMENT OF DEFENSE + MUNITIONS ENTERPRISE. (a) Assessment.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally-funded research and development center with @@ -9362,38 +9387,33 @@ relevant expertise under which such center shall conduct an assessment of the resilience of the Department of Defense munitions enterprise. (b) Elements.--The assessment required under subsection (a) shall include the following elements: - (1) An identification of the points of failure with respect - to the munitions enterprise, including physical locations, - materials, suppliers, contractors, and other relevant elements, - that, if failure occurs, would have the largest negative impact - on the capacity, resiliency, and safety of the enterprise. - (2) An evaluation of the efforts of the Department of - Defense to address the points of failure identified under - paragraph (1). - (3) Recommendation with respect to any additional efforts - or actions that could be taken to provide for mitigation or - solutions with respect to such points of failure. - (4) An evaluation of the capacity of the munitions - enterprise to support a sudden surge in demand to support a - contingency. - (5) An evaluation of the capacity of the munitions - enterprise to withstand intentional disruption during a - conflict. + (1) An identification of the points of failure with respect to + the munitions enterprise, including physical locations, materials, + suppliers, contractors, and other relevant elements, that, if + failure occurs, would have the largest negative impact on the + capacity, resiliency, and safety of the enterprise. + (2) An evaluation of the efforts of the Department of Defense + to address the points of failure identified under paragraph (1). + (3) Recommendation with respect to any additional efforts or + actions that could be taken to provide for mitigation or solutions + with respect to such points of failure. + (4) An evaluation of the capacity of the munitions enterprise + to support a sudden surge in demand to support a contingency. + (5) An evaluation of the capacity of the munitions enterprise + to withstand intentional disruption during a conflict. (c) Report and Briefings.--The Secretary shall-- - (1) submit to the congressional defense committees a report - on the results of assessment conducted under this section by - not later than December 31, 2021; and - (2) provide for such committees interim briefings on such - assessment upon request. + (1) submit to the congressional defense committees a report on + the results of assessment conducted under this section by not later + than December 31, 2021; and + (2) provide for such committees interim briefings on such + assessment upon request. (d) Point of Failure.--In this section, the term ``point of failure'' means, with respect to the munitions enterprise, an aspect of the enterprise, that, if it were to fail or be significantly negatively impacted would cause the portion of the enterprise it supports to either fail or be significantly negatively impacted. - -SEC. 364. REPORT ON SAFETY WAIVERS AND MISHAPS IN DEPARTMENT OF DEFENSE - MUNITIONS ENTERPRISE. - + SEC. 354. REPORT ON SAFETY WAIVERS AND MISHAPS IN DEPARTMENT OF + DEFENSE MUNITIONS ENTERPRISE. (a) Report Required.--The Secretary shall include with the Department of Defense materials submitted to Congress with the budget of the President for each of fiscal years 2022 through 2025 (as @@ -9402,70 +9422,66 @@ States Code), a report on safety waivers provided in the Department of Defense munitions enterprise. Each such report shall include each of the following for the year covered by the report and each of the preceding 3 years: - (1) A list of each waiver, exemption, and secretarial - exemption or certification provided with respect to any - Department of Defense munitions safety standard. - (2) For each such waiver, exemption, or certification - provided-- - (A) the location where the waiver, exemption, or - certification was provided; - (B) a summary of the justification used for - providing the waiver, exemption, or certification; - (C) the time period during which the waiver, - exemption, or certification applies and the number of - times such a waiver, exemption, or certification has - been provided at that location; and - (D) a list of all safety-related mishaps that - occurred at locations where waivers, exemptions, or - certifications were in place, and for each such mishap, - whether or not a subsequent investigation determined - the waiver, exemption, or certification was related or - may have been related to the mishap. - (3) A list and summary of all class A through class E - mishaps related to the construction, storage, transportation, - usage, and demilitarization of munitions. - (4) Any mitigation efforts in place at any location where a - waiver, exemption, or certification has been provided or where - a safety-related mishap has occurred. - (5) Such other matters as the Secretary determines - appropriate. + (1) A list of each waiver, exemption, and secretarial exemption + or certification provided with respect to any Department of Defense + munitions safety standard. + (2) For each such waiver, exemption, or certification + provided-- + (A) the location where the waiver, exemption, or + certification was provided; + (B) a summary of the justification used for providing the + waiver, exemption, or certification; + (C) the time period during which the waiver, exemption, or + certification applies and the number of times such a waiver, + exemption, or certification has been provided at that location; + and + (D) a list of all safety-related mishaps that occurred at + locations where waivers, exemptions, or certifications were in + place, and for each such mishap, whether or not a subsequent + investigation determined the waiver, exemption, or + certification was related or may have been related to the + mishap. + (3) A list and summary of all class A through class E mishaps + related to the construction, storage, transportation, usage, and + demilitarization of munitions. + (4) Any mitigation efforts in place at any location where a + waiver, exemption, or certification has been provided or where a + safety-related mishap has occurred. + (5) Such other matters as the Secretary determines appropriate. (b) Munitions Defined.--In this section, the term ``munitions'' includes ammunition, explosives, and chemical agents. Subtitle E--Other Matters -SEC. 371. PILOT PROGRAM FOR TEMPORARY ISSUANCE OF MATERNITY-RELATED - UNIFORM ITEMS. - + SEC. 361. PILOT PROGRAM FOR TEMPORARY ISSUANCE OF MATERNITY-RELATED + UNIFORM ITEMS. (a) Pilot Program.--The Director of the Defense Logistics Agency, in coordination with the Secretaries concerned, shall carry out a pilot -program under which each Secretary concerned shall establish an office -for issuing maternity-related uniform items to pregnant members of the -Armed Forces, on a temporary basis and at no cost to such member. In -carrying out the pilot program, the Director shall take the following -actions: - (1) The Director shall ensure that such offices maintain a - stock of each type of maternity-related uniform item determined - necessary by the Secretary concerned, including service - uniforms items, utility uniform items, and other items relating - to the command and duty assignment of the member requiring - issuance. - (2) The Director shall ensure that such items have not been - treated with the chemical permethrin. - (3) The Director, in coordination with the Secretary - concerned, shall determine a standard number of maternity- - related uniform items that may be issued per member. - (4) The Secretary concerned shall ensure that any member - receiving a maternity-related uniform item returns such item to - the relevant office established under paragraph (1) on the date - on which the Secretary concerned determines the member no - longer requires such item. - (5) The Secretary concerned shall inspect, process, repair, - clean, and re-stock items returned by a member pursuant to - paragraph (4) for re-issuance from such relevant office. - (6) The Director, in coordination with the Secretaries - concerned, may issue such guidance and regulations as necessary - to carry out the pilot program. +program for issuing maternity-related uniform items to pregnant members +of the Armed Forces, on a temporary basis and at no cost to such +member. In carrying out the pilot program, the Director shall take the +following actions: + (1) The Director shall maintain a stock of each type of + maternity-related uniform item determined necessary by the + Secretary concerned, including service uniforms items, utility + uniform items, and other items relating to the command and duty + assignment of the member requiring issuance. + (2) The Director shall ensure that such items have not been + treated with the chemical permethrin. + (3) The Director, in coordination with the Secretary concerned, + shall determine a standard number of maternity-related uniform + items that may be issued per member. + (4) The Secretary concerned shall ensure that any member + receiving a maternity-related uniform item returns such item to the + relevant office established under paragraph (1) on the date on + which the Secretary concerned determines the member no longer + requires such item. + (5) The Secretary concerned shall inspect, process, repair, + clean, and re-stock items returned by a member pursuant to + paragraph (4) for re-issuance from such relevant office. + (6) The Director, in coordination with the Secretaries + concerned, may issue such guidance and regulations as necessary to + carry out the pilot program. (b) Termination.--No maternity-related uniform items may be issued to a member of the Armed Forces under the pilot program after September 30, 2026. @@ -9474,27 +9490,20 @@ Defense Logistics Agency, in coordination with the Secretaries concerned, shall submit to the congressional defense committees a report on the pilot program. Such report shall include each of the following: - (1) For each year during which the pilot program was - carried out, the number of members of the Armed Forces who - received a maternity-related uniform item under the pilot - program. - (2) An overview of the costs associated with, and any - savings realized by, the pilot program, including a comparison - of the cost of maintaining a stock of maternity-related uniform - items for issuance under the pilot program versus the cost of - providing allowances to members for purchasing such items. - (3) A recommendation on whether the pilot program should be - extended after the date of termination under subsection (b) and - whether legislation is necessary for such extension. - (4) Any other matters that the Secretary of Defense - determines appropriate. - (d) Authorization of Appropriations.--Of the amounts authorized to -be appropriated for operation and maintenance, Defense-wide, for fiscal -year 2021, as specified in the funding table in section 4301, -$10,000,000 shall be available for implementation of the pilot program. - -SEC. 372. SERVICEWOMEN'S COMMEMORATIVE PARTNERSHIPS. - + (1) For each year during which the pilot program was carried + out, the number of members of the Armed Forces who received a + maternity-related uniform item under the pilot program. + (2) An overview of the costs associated with, and any savings + realized by, the pilot program, including a comparison of the cost + of maintaining a stock of maternity-related uniform items for + issuance under the pilot program versus the cost of providing + allowances to members for purchasing such items. + (3) A recommendation on whether the pilot program should be + extended after the date of termination under subsection (b) and + whether legislation is necessary for such extension. + (4) Any other matters that the Secretary of Defense determines + appropriate. + SEC. 362. SERVICEWOMEN'S COMMEMORATIVE PARTNERSHIPS. (a) In General.--The Secretary of the Army may enter into a contract, partnership, or grant with a non-profit organization for the purpose of providing financial support for the maintenance and @@ -9506,263 +9515,588 @@ Such a contract, partnership, or grant shall be referred to as a be appropriated for fiscal year 2021, as identified in division D of this Act, $3,000,000 shall be available for Servicewomen's Commemorative Partnerships under subsection (a). - -SEC. 373. BIODEFENSE ANALYSIS AND BUDGET SUBMISSION. - - (a) Annual Analysis.--For each fiscal year, the Director of the -Office of Management and Budget shall-- - (1) conduct a detailed and comprehensive analysis of - Federal biodefense programs; and - (2) develop an integrated biodefense budget submission. + SEC. 363. BIODEFENSE ANALYSIS AND BUDGET SUBMISSION. + (a) Annual Analysis.--For each fiscal year, beginning in fiscal +year 2023, the Director of the Office of Management and Budget, in +consultation with the Secretary of Health and Human Services shall-- + (1) conduct a detailed and comprehensive analysis of Federal + biodefense programs; and + (2) develop an integrated biodefense budget submission. (b) Definition of Biodefense.--In accordance with the National Biodefense Strategy, the Director shall develop and disseminate to all Federal departments and agencies a unified definition of the term ``biodefense'' to identify which programs and activities are included -in annual budget submission referred to in subsection (a). +in the annual budget submission required under subsection (a). (c) Requirements for Analysis.--The analysis required under subsection (a) shall include-- - (1) the display of all funds requested for biodefense - activities, both mandatory and discretionary, by agency and - categorized by biodefense enterprise element, including threat - awareness, prevention, deterrence, preparedness, surveillance - and detection, response, attribution (including bioforensic - capabilities), recovery, and mitigation; and - (2) detailed explanations of how each program and activity - included aligns with biodefense goals. - (d) Submittal to Congress.-- The Director shall submit to Congress -the analysis required under subsection (a) for a fiscal year -concurrently with the President's annual budget request for that fiscal -year. - -SEC. 374. CLARIFICATION OF NATIONAL BIODEFENSE STRATEGY. - - (a) In General.--The Secretary of Health and Human Services, in -cooperation with the Biodefense Steering Committee, shall clarify the -national biodefense strategy and associated implementation plan -developed under section 1086 of the National Defense Authorization Act -for Fiscal Year 2017 (6 U.S.C. 104) to clearly document agreed-upon -processes, roles, and responsibilities for making and enforcing -enterprise-wide decisions. - (b) Specific Clarifications.--In carrying out subsection (a), the -Secretary of Health and Human Services shall work with the head of each -agency participating in the Biodefense Steering Committee, including -the Administrator of the Federal Emergency Management Agency, to-- - (1) enter into a memorandum of understanding, or take such - other action as is necessary, to describe the roles and - responsibilities of the Federal departments and agencies, - including internal and external coordination procedures, in - identifying and sharing information, as described in section - 1086(b)(4) of the National Defense Authorization Act for Fiscal - Year 2017 (6 U.S.C. 104(b)(4)); - (2) clarify roles, responsibilities, and processes for - decisionmaking that involves shifting resources across agency - boundaries to more effectively or efficiently address - enterprise-wide risk; - (3) prepare an inventory and assessment of all existing - strategies, plans, policies, laws, and interagency agreements - with respect to biodefense; - (4) establish a resource plan to staff, support, and - sustain the efforts of the Biodefense Coordination Team; - (5) clearly document guidance and methods for analyzing the - data collected from agencies to include non-Federal resources - and capabilities; and - (6) not later than 90 days after the date of enactment of - this Act, report to the appropriate congressional committees on - possible implementation strategies, that will effectively and - efficiently enhance information-sharing activities on - biosurveillance data integration as identified in the national - biodefense strategy and associated implementation plan - described in subsection (a). - (c) Appropriate Congressional Committees Defined.--In this section, + (1) the display of all funds requested for biodefense + activities, both mandatory and discretionary, by agency and + categorized by biodefense enterprise element, such as threat + awareness, prevention, deterrence, preparedness, surveillance and + detection, response, attribution (including bioforensic + capabilities), recovery, and mitigation; and + (2) detailed explanations of how each program and activity + included aligns with biodefense goals and objectives as part of the + National Biodefense Strategy required under section 1086 of the + National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. + 104). + (d) Submittal to Congress.--The Director, in consultation with the +Secretary of Health and Human Services, shall submit to Congress the +analysis required under subsection (a) for a fiscal year concurrently +with the President's annual budget request for that fiscal year. + SEC. 364. UPDATE OF NATIONAL BIODEFENSE IMPLEMENTATION PLAN. + (a) In General.--The Secretaries of Health and Human Services, +Defense, Agriculture, Homeland Security, and all other Departments and +agencies with responsibilities for biodefense, such as the Department +of State, in consultation with the Assistant to the President for +National Security Affairs and the Director of the Office of Management +and Budget, as appropriate, shall jointly, after reviewing the +biodefense threat assessment described in subsection (d) and any +relevant input from external stakeholders, as appropriate, update the +National Biodefense Implementation Plan developed under section 1086 of +the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. +104) to clearly document established processes, roles, and +responsibilities related to the National Biodefense Strategy. + (b) Specific Updates.--The updated National Biodefense +Implementation Plan shall-- + (1) describe the roles and responsibilities of the Federal + departments and agencies, including internal and external + coordination procedures, in identifying and sharing information + between and among Federal departments and agencies, as described in + section 1086(b)(4) of the National Defense Authorization Act for + Fiscal Year 2017 (6 U.S.C. 104(b)(4)) and consistent with the + statutory roles and authorities of such departments and agencies; + (2) describe roles, responsibilities, and processes for + decisionmaking, including decisions regarding use of resources for + effective risk management across the enterprise; + (3) describe resource plans for each department and agency with + responsibility for biodefense to support implementation of the + strategy within the jurisdiction of such department or agency, + including for the Biodefense Coordination Team, as appropriate; + (4) describe guidance and methods for analyzing the data + collected from agencies to include non-Federal resources and + capabilities to the extent practicable; and + (5) describe and update, as appropriate, + short-, medium-, and long-term goals for executing the National + Biodefense Strategy and metrics for meeting each objective of the + Strategy. + (c) Submittal to Congress.--The Secretary of Health and Human +Services, the Secretary of Defense, the Secretary of Agriculture, and +the Secretary of Homeland Security shall, not later than 6 months after +the date of the completion of the assessment in subsection (d)(1)(A), +submit the updated Implementation Plan to the appropriate congressional +committees. + (d) Updated Biodefense Threat Assessment.-- + (1) In general.--The Secretaries of Health and Human Services, + Defense, Agriculture, and Homeland Security, shall jointly, and in + consultation with the Director of National Intelligence, and other + agency heads as appropriate-- + (A) conduct an assessment of current and potential + biological threats against the United States, both naturally + occurring and man-made, either accidental or deliberate, + including the potential for catastrophic biological threats, + such as a pandemic; + (B) not later than 1 year after the date of enactment of + this section, submit the findings of the assessment conducted + under subparagraph (A) to the Federal officials described in + subsection (d)(1)and the appropriate congressional committees + described in subsection (e); + (C) not later than 30 days after the date on which the + assessment is submitted under subparagraph (B), conduct a + briefing for the appropriate congressional committees on the + findings of the assessment; + (D) update the assessment under subparagraph (A) + biennially, as appropriate, and provide the findings of such + updated assessments to the Federal officials described in + subsection (d)(1) and the appropriate congressional committees; + and + (E) conduct briefings for the appropriate congressional + committees as needed any time an assessment under this + paragraph is updated. + (2) Classification and format.--Assessments under paragraph (1) + shall be submitted in an unclassified format and include a + classified annex, as appropriate. + (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the following: - (1) The Committees on Armed Services of the House of - Representatives and the Senate. - (2) The Committees on Appropriations of the House of - Representatives and the Senate. - (3) The Committee on Energy and Commerce of the House of - Representatives and the Committee on Health, Education, Labor, - and Pensions of the Senate. - (4) The Committee on Homeland Security of the House of - Representatives and the Committee on Homeland Security and - Governmental Affairs of the Senate. - (5) The Committee on Agriculture of the House of - Representatives and the Committee on Agriculture, Nutrition, - and Forestry of the Senate. - -SEC. 375. REPORT ON BIODEFENSE. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to the congressional defense -committees a report that includes-- - (1) a description of the roles and responsibilities of - Department of Defense entities with responsibility for - biodefense or pandemic preparedness and response, including - logistical support; - (2) an updated Department of Defense implementation plan - for biodefense and pandemic response operations that includes a - separation of activities conducted under title 10, United - States Code, and activities conducted under title 32, United - States Code; and - (3) recommendations for solving gaps in authorities or - organizational structures that have inhibited COVID-19 response - efforts. - -SEC. 376. FACILITATING AGREEMENTS WITH OTHER FEDERAL AGENCIES TO LIMIT - ENCROACHMENTS. - - Section 2684a(d)(5) of title 10, United States Code, is amended-- - (1) in the second sentence of subparagraph (A), by - inserting ``or another Federal agency'' after ``to a State'' - both places it appears; and - (2) by striking subparagraph (B) and inserting the + (1) The Committees on Armed Services of the House of + Representatives and the Senate. + (2) The Committee on Energy and Commerce of the House of + Representatives and the Committee on Health, Education, Labor, and + Pensions of the Senate. + (3) The Committee on Homeland Security of the House of + Representatives and the Committee on Homeland Security and + Governmental Affairs of the Senate. + (4) The Committee on Agriculture of the House of + Representatives and the Committee on Agriculture, Nutrition, and + Forestry of the Senate. + (5) The Permanent Select Committee on Intelligence of the House + of Representatives and the Select Committee on Intelligence of the + Senate. + (6) The Committee on Foreign Affairs of the House of + Representatives and the Committee on Foreign Relations of the + Senate. + (f) Rule of Construction.--Nothing in this section shall be +construed to alter, limit, or duplicate the roles, responsibilities, +authorities, or current activities, as established in statute or +otherwise through existing practice or policy, of each Federal +department or agency with responsibilities for biodefense or otherwise +relevant to implementation of the National Biodefense Strategy. + SEC. 365. PLANS AND REPORTS ON EMERGENCY RESPONSE TRAINING FOR + MILITARY INSTALLATIONS. + (a) Plans.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Defense shall ensure that + each military installation under the jurisdiction of the Secretary + that does not conduct live emergency response training on an annual + basis or more frequently with the civilian law enforcement and + emergency response agencies responsible for responding to an + emergency at the installation develops a plan to conduct such + training. + (2) Elements.--Each plan developed under paragraph (1) with + respect to an installation-- + (A) shall include-- + (i) the cost of implementing training described in + paragraph (1) at the installation; + (ii) a description of any obstacles to the + implementation of such training; and + (iii) recommendations for mitigating any such + obstacles; and + (B) shall be designed to ensure that the civilian law + enforcement and emergency response agencies described in + paragraph (1) are familiar with-- + (i) the physical features of the installation, + including gates, buildings, armories, headquarters, command + and control centers, and medical facilities; and + (ii) the emergency response personnel and procedures of + the installation. + (3) Submittal of plans.-- + (A) Submittal to secretary.--Not later than 90 days after + the date of the enactment of this Act, the commander of each + military installation required to develop a plan under + paragraph (1) shall submit such plan to the Secretary of + Defense. + (B) Submittal to congress.--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 summary of the plans submitted + to the Secretary under subparagraph (A). + (b) Reports on Training Conducted.-- + (1) List of installations.--Not later than March 1, 2021, the + Secretary shall submit to the Committees on Armed Services of the + Senate and the House of Representatives a list of all military + installations under the jurisdiction of the Secretary that conduct + live emergency response training on an annual basis or more + frequently with the civilian law enforcement and emergency response + agencies responsible for responding to an emergency at the + installation. + (2) Annual reports.-- + (A) In general.--Not later than one year after the date of + the enactment of this Act, and annually thereafter, the + commander of each military installation under the jurisdiction + of the Secretary shall submit to the Secretary a report on each + live emergency response training conducted during the year + covered by the report with the civilian law enforcement and + emergency response agencies responsible for responding to an + emergency at the installation. + (B) Elements.--Each report submitted under subparagraph (A) + shall include, with respect to each training exercise, the following: - ``(B) Notwithstanding subparagraph (A), if all or a portion of the -property or interest acquired under the agreement is initially or -subsequently transferred to a State or another Federal agency, before -that State or other Federal agency may declare the property or interest -in excess to its needs or propose to exchange the property or interest, -the State or other Federal agency shall give the Secretary concerned -reasonable advance notice of its intent. If the Secretary concerned -determines it necessary to preserve the purposes of this section, the -Secretary concerned may request that administrative jurisdiction over -the property be transferred to the Secretary concerned at no cost, and, -upon such a request being made, the administrative jurisdiction over -the property shall be transferred accordingly. If the Secretary -concerned does not make such a request within a reasonable time period, -all such rights of the Secretary concerned to request transfer of the -property or interest shall remain available to the Secretary concerned -with respect to future transfers or exchanges of the property or -interest and shall bind all subsequent transferees.''. + (i) The date and duration of the exercise. + (ii) A detailed description of the exercise. + (iii) An identification of all military and civilian + personnel who participated in the exercise. + (iv) Any recommendations resulting from the exercise. + (v) The actions taken, if any, to implement such + recommendations. + (C) Inclusion in annual budget submission.-- + (i) In general.--The Secretary shall include in the + budget submitted to Congress by the President pursuant to + section 1105(a) of title 31, United States Code, a summary + of any report submitted to the Secretary under subparagraph + (A) during the one-year period preceding the submittal of + the budget. + (ii) Classified form.--The summary submitted under + clause (i) may be submitted in classified form. + (D) Sunset.--The requirement to submit annual reports under + subparagraph (A) shall terminate upon the submittal of the + budget described in subparagraph (C)(i) for fiscal year 2024. + SEC. 366. INAPPLICABILITY OF CONGRESSIONAL NOTIFICATION AND DOLLAR + LIMITATION REQUIREMENTS FOR ADVANCE BILLINGS FOR CERTAIN + BACKGROUND INVESTIGATIONS. + Section 2208(l) 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): + ``(4) This subsection shall not apply to advance billing for +background investigation and related services performed by the Defense +Counterintelligence and Security Agency.''. + SEC. 367. ADJUSTMENT IN AVAILABILITY OF APPROPRIATIONS FOR UNUSUAL + COST OVERRUNS AND FOR CHANGES IN SCOPE OF WORK. + Section 8683 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(c) Treatment of Amounts Appropriated After End of Period of +Obligation.--In the application of section 1553(c) of title 31 to funds +appropriated in the Operation and Maintenance, Navy account that are +available for ship overhaul, the Secretary of the Navy may treat the +limitation specified in paragraph (1) of such section to be +`$10,000,000' rather than `$4,000,000'.''. + SEC. 368. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT SECURITY + AND EMERGENCY RESPONSE RECOMMENDATIONS RELATING TO ACTIVE SHOOTER + OR TERRORIST ATTACKS ON INSTALLATIONS OF DEPARTMENT OF DEFENSE. + (a) Requirement.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall implement the +applicable security and emergency response recommendations relating to +active shooter or terrorist attacks on installations of the Department +of Defense made in the following reports: + (1) The report by the Government Accountability Office dated + July 2015 entitled, ``Insider Threats: DOD Should Improve + Information Sharing and Oversight to Protect U.S. Installations'' + (GAO-15-543). + (2) The report prepared by the Department of the Navy relating + to the Washington Navy Yard shooting in 2013. + (3) The report by the Department of the Army dated August 2010 + entitled ``Fort Hood, Army Internal Review Team: Final Report''. + (4) The independent review by the Department of Defense dated + January 2010 entitled ``Protecting the Force: Lessons from Fort + Hood''. + (5) The report by the Department of the Air Force dated October + 2010 entitled ``Air Force Follow-On Review: Protecting the Force: + Lessons from Fort Hood''. + (b) Notification of Inapplicable Recommendations.-- + (1) In general.--If the Secretary determines that a + recommendation described in subsection (a) is outdated, is no + longer applicable, or has been superseded by more recent separate + guidance or recommendations set forth by the Government + Accountability Office, the Department of Defense, or another entity + in related contracted review, the Secretary shall notify the + Committees on Armed Services of the Senate and the House of + Representatives not later than 45 days after the date of the + enactment of this Act. + (2) Identification and justification.--The notification under + paragraph (1) shall include an identification, set forth by report + specified in subsection (a), of each recommendation that the + Secretary determines should not be implemented, with a + justification for each such determination. + SEC. 369. CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR FOOD OR + BEVERAGES PROVIDED BY THE DEPARTMENT OF DEFENSE. + (a) In General.--Before making any final rule, statement, or +determination regarding the limitation or prohibition of any food or +beverage ingredient in military food service, military medical foods, +commissary food, or commissary food service, the Secretary of Defense +shall publish in the Federal Register a notice of a preliminary rule, +statement, or determination (in this section referred to as a +``proposed action'') and provide opportunity for public comment. + (b) Matters to Be Included.--The Secretary shall include in any +notice published under subsection (a) the following: + (1) The date of the notice. + (2) Contact information for the appropriate office at the + Department of Defense. + (3) A summary of the notice. + (4) A date for comments to be submitted and specific methods + for submitting comments. + (5) A description of the substance of the proposed action. + (6) Findings and a statement of reasons supporting the proposed + action. + (c) Waiver Authority.-- + (1) Military operations and emergency response.--The Secretary + may waive subsections (a) and (b) if the Secretary determines that + such a waiver is necessary for military operations or for the + response to a national emergency declared by the President under + the National Emergencies Act (50 U.S.C. 1601 et seq.), a medical + emergency, or a pandemic. + (2) Protection of human health.--The Secretary may waive + subsections (a) and (b) if the Food and Drug Administration, the + Surgeon General of the United States, or the Surgeons General of + the Department of Defense makes a recall or prohibition + determination due to certain ingredients being harmful for human + consumption. + (3) Notification required.-- + (A) In general.--The Secretary shall notify the + congressional defense committees not later than 60 days after + exercising waiver authority under paragraph (1). + (B) Elements.--The notification required under subparagraph + (A) shall include, with respect to each waiver, the following + elements: + (i) The date, time, and location of the issuance of the + waiver. + (ii) A detailed justification for the issuance of the + waiver. + (iii) An identification of the rule, statement, or + determination for which the Secretary issued the waiver, + including the proposed duration of such rule, statement, or + determination. + SEC. 370. COMMISSION ON THE NAMING OF ITEMS OF THE DEPARTMENT OF + DEFENSE THAT COMMEMORATE THE CONFEDERATE STATES OF AMERICA OR ANY + PERSON WHO SERVED VOLUNTARILY WITH THE CONFEDERATE STATES OF + AMERICA. + (a) Removal.--Not later than three years after the date of the +enactment of this Act, the Secretary of Defense shall implement the +plan submitted by the commission described in paragraph (b) and remove +all names, symbols, displays, monuments, and paraphernalia that honor +or commemorate the Confederate States of America (commonly referred to +as the ``Confederacy'') or any person who served voluntarily with the +Confederate States of America from all assets of the Department of +Defense. + (b) In General.--The Secretary of Defense shall establish a +commission relating to assigning, modifying, or removing of names, +symbols, displays, monuments, and paraphernalia to assets of the +Department of Defense that commemorate the Confederate States of +America or any person who served voluntarily with the Confederate +States of America. + (c) Duties.--The Commission shall-- + (1) assess the cost of renaming or removing names, symbols, + displays, monuments, or paraphernalia that commemorate the + Confederate States of America or any person who served voluntarily + with the Confederate States of America; + (2) develop procedures and criteria to assess whether an + existing name, symbol, monument, display, or paraphernalia + commemorates the Confederate States of America or person who served + voluntarily with the Confederate States of America; + (3) recommend procedures for renaming assets of the Department + of Defense to prevent commemoration of the Confederate States of + America or any person who served voluntarily with the Confederate + States of America; + (4) develop a plan to remove names, symbols, displays, + monuments, or paraphernalia that commemorate the Confederate States + of America or any person who served voluntarily with the + Confederate States of America from assets of the Department of + Defense, within the timeline established by this Act; and + (5) include in the plan procedures and criteria for collecting + and incorporating local sensitivities associated with naming or + renaming of assets of the Department of Defense. + (d) Membership.--The Commission shall be composed of eight members, +of whom-- + (1) four shall be appointed by the Secretary of Defense; + (2) one shall be appointed by the Chairman of the Committee on + Armed Services of the Senate; + (3) one shall be appointed by the Ranking Member of the + Committee on Armed Services of the Senate; + (4) one shall be appointed by the Chairman of the Committee on + Armed Services of the House of Representatives; and + (5) one shall be appointed by the Ranking Member of the + Committee on Armed Services of the House of Representatives. + (e) Appointment.--Members of the Commission shall be appointed not +later than 45 days after the date of the enactment of this Act. + (f) Initial Meeting.--The Commission shall hold its initial meeting +on the date that is 60 days after the enactment of this Act. + (g) Briefings and Reports.--Not later than October 1, 2021, the +Commission shall brief the Committees on Armed Services of the Senate +and House of Representatives detailing the progress of the requirements +under subsection (c). Not later than October 1, 2022, and not later +than 90 days before the implementation of the plan in subsection +(c)(4), the Commission shall present a briefing and written report +detailing the results of the requirements under subsection (c), +including: + (1) A list of assets to be removed or renamed. + (2) Costs associated with the removal or renaming of assets in + subsection (g)(1). + (3) Criteria and requirements used to nominate and rename + assets in subsection (g)(1). + (4) Methods of collecting and incorporating local sensitivities + associated with the removal or renaming of assets in subsection + (g)(1). + (h) Funding.-- + (1) Authorization of appropriations.--There is authorized to be + appropriated $2,000,000 to carry out this section. + (2) Offset.--The amount authorized to be appropriated by the + Act for fiscal year 2021 for Operations and Maintenance, Army, sub + activity group 434 - other personnel support is hereby reduced by + $2,000,000. + (i) Assets Defined.--In this section, the term ``assets'' includes +any base, installation, street, building, facility, aircraft, ship, +plane, weapon, equipment, or any other property owned or controlled by +the Department of Defense. + (j) Exemption for Grave Markers.--Shall not cover monuments but +shall exempt grave markers. Congress expects the commission to further +define what constitutes a grave marker. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS - Subtitle A--Active Forces + Subtitle A--Active Forces -SEC. 401. END STRENGTHS FOR ACTIVE FORCES. +Sec. 401. End strengths for active forces. +Sec. 402. Revisions to permanent active duty end strength minimum + levels. +Sec. 403. Modification of the authorized number and accounting method + for senior enlisted personnel. + + Subtitle B--Reserve Forces + +Sec. 411. End strengths for Selected Reserve. +Sec. 412. End strengths for Reserves on active duty in support of the + Reserves. +Sec. 413. End strengths for military technicians (dual status). +Sec. 414. Maximum number of reserve personnel authorized to be on active + duty for operational support. +Sec. 415. Separate authorization by Congress of minimum end strengths + for non-temporary military technicians (dual status) and end + strengths for temporary military technicians (dual status). + Subtitle C--Authorization of Appropriations + +Sec. 421. Military personnel. + + Subtitle A--Active Forces + + SEC. 401. END STRENGTHS FOR ACTIVE FORCES. The Armed Forces are authorized strengths for active duty personnel as of September 30, 2021, as follows: - (1) The Army, 485,900. - (2) The Navy, 347,800. - (3) The Marine Corps, 184,100. - (4) The Air Force, 327,266. - (5) The Space Force, 6,434. - -SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM - LEVELS. - - Section 691(b) of title 10, United States Code, is amended by -striking paragraphs (1) through (4) and inserting the following new -paragraphs: - ``(1) For the Army, 485,900. - ``(2) For the Navy, 347,800. - ``(3) For the Marine Corps, 184,100. - ``(4) For the Air Force, 327,266. - ``(5) For the Space Force, 6,434.''. - -SEC. 403. MODIFICATION OF THE AUTHORIZED NUMBER AND ACCOUNTING METHOD - FOR SENIOR ENLISTED PERSONNEL. + (1) The Army, 485,900. + (2) The Navy, 347,800. + (3) The Marine Corps, 181,200. + (4) The Air Force, 333,475. + SEC. 402. REVISIONS TO PERMANENT ACTIVE DUTY END STRENGTH MINIMUM + LEVELS. + (a) In General.--Section 691 of title 10, United States Code, is +amended-- + (1) in the heading, by striking ``two major regional + contingencies'' and inserting ``the National Defense Strategy''; + (2) in subsection (a)-- + (A) by striking ``a national defense strategy calling for'' + and inserting ``the national defense strategy of''; and + (B) by striking ``to be able to successfully conduct two + nearly simultaneous major regional contingencies''; + (3) in subsection (b), by striking paragraphs (1) through (4) + and inserting the following new paragraphs: + ``(1) For the Army, 485,900. + ``(2) For the Navy, 347,800. + ``(3) For the Marine Corps, 181,200. + ``(4) For the Air Force, 333,475.''; and + (4) in subsection (e)-- + (A) by inserting ``or the Secretary concerned'' after + ``Secretary of Defense''; and + (B) by striking ``reduce a number specified in subsection + (b) by not more than 2 percent'' and inserting ``vary a number + specified in subsection (b) in accordance with section 115 of + this title''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 39 of such title is amended by striking the item relating to +section 691 and inserting the following: +``691. Permanent end strength levels to support the National Defense + Strategy''. + SEC. 403. MODIFICATION OF THE AUTHORIZED NUMBER AND ACCOUNTING + METHOD FOR SENIOR ENLISTED PERSONNEL. (a) In General.--Section 517 of title 10, United States Code, is amended-- - (1) in the section heading, by striking ``daily average'' - and inserting ``enlisted end strength''; and - (2) in subsection (a)-- - (A) by striking ``daily average number of'' and - inserting ``end strength for''; - (B) by striking ``in a fiscal year'' and inserting - ``as of the last day of a fiscal year''; - (C) by striking ``2.5 percent'' and inserting ``3.0 - percent''; and - (D) by striking ``on the first day of that fiscal - year''. + (1) in the section heading, by striking ``daily average'' and + inserting ``enlisted end strength''; + (2) in subsection (a)-- + (A) by striking ``daily average number of'' and inserting + ``end strength for''; + (B) by striking ``in a fiscal year'' and inserting ``as of + the last day of a fiscal year''; + (C) by striking ``2.5 percent'' and inserting ``3.0 + percent''; and + (D) by striking ``on the first day of that fiscal year''; + and + (3) by striking subsection (b). (b) Clerical Amendment.--The table of sections at the beginning of chapter 31 of such title is amended by striking the item relating to section 517 and inserting the following new item: ``517. Authorized enlisted end strength: members in pay grades E-8 and - E-9.''. + E-9.''. Subtitle B--Reserve Forces -SEC. 411. END STRENGTHS FOR SELECTED RESERVE. - + SEC. 411. END STRENGTHS FOR SELECTED RESERVE. (a) In General.--The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2021, as follows: - (1) The Army National Guard of the United States, 336,500. - (2) The Army Reserve, 189,800. - (3) The Navy Reserve, 58,800. - (4) The Marine Corps Reserve, 38,500. - (5) The Air National Guard of the United States, 108,100. - (6) The Air Force Reserve, 70,300. - (7) The Coast Guard Reserve, 7,000. + (1) The Army National Guard of the United States, 336,500. + (2) The Army Reserve, 189,800. + (3) The Navy Reserve, 58,800. + (4) The Marine Corps Reserve, 38,500. + (5) The Air National Guard of the United States, 108,100. + (6) The Air Force Reserve, 70,300. + (7) The Coast Guard Reserve, 7,000. (b) End Strength Reductions.--The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by-- - (1) the total authorized strength of units organized to - serve as units of the Selected Reserve of such component which - are on active duty (other than for training) at the end of the - fiscal year; and - (2) the total number of individual members not in units - organized to serve as units of the Selected Reserve of such - component who are on active duty (other than for training or - for unsatisfactory participation in training) without their - consent at the end of the fiscal year. + (1) the total authorized strength of units organized to serve + as units of the Selected Reserve of such component which are on + active duty (other than for training) at the end of the fiscal + year; and + (2) the total number of individual members not in units + organized to serve as units of the Selected Reserve of such + component who are on active duty (other than for training or for + unsatisfactory participation in training) without their consent at + the end of the fiscal year. (c) End Strength Increases.--Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. - -SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE - RESERVES. - + SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF + THE RESERVES. Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2021, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: - (1) The Army National Guard of the United States, 30,595. - (2) The Army Reserve, 16,511. - (3) The Navy Reserve, 10,215. - (4) The Marine Corps Reserve, 2,386. - (5) The Air National Guard of the United States, 25,333. - (6) The Air Force Reserve, 5,256. - -SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). - - The minimum number of military technicians (dual status) as of the -last day of fiscal year 2021 for the reserve components of the Army and -the Air Force (notwithstanding section 129 of title 10, United States -Code) shall be the following: - (1) For the Army National Guard of the United States, - 22,294. - (2) For the Army Reserve, 6,492. - (3) For the Air National Guard of the United States, - 10,994. - (4) For the Air Force Reserve, 7,947. - -SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON - ACTIVE DUTY FOR OPERATIONAL SUPPORT. - + (1) The Army National Guard of the United States, 30,595. + (2) The Army Reserve, 16,511. + (3) The Navy Reserve, 10,215. + (4) The Marine Corps Reserve, 2,386. + (5) The Air National Guard of the United States, 25,333. + (6) The Air Force Reserve, 5,256. + SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). + (a) In General.--The minimum number of military technicians (dual +status) as of the last day of fiscal year 2021 for the reserve +components of the Army and the Air Force (notwithstanding section 129 +of title 10, United States Code) shall be the following: + (1) For the Army National Guard of the United States, 22,294. + (2) For the Army Reserve, 6,492. + (3) For the Air National Guard of the United States, 10,994. + (4) For the Air Force Reserve, 7,947. + (b) Limitation.--Under no circumstances may a military technician +(dual status) employed under the authority of this section be coerced +by a State into accepting an offer of realignment or conversion to any +other military status, including as a member of the Active, Guard, and +Reserve program of a reserve component. If a military technician (dual +status) declines to participate in such realignment or conversion, no +further action will be taken against the individual or the individual's +position. + SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON + ACTIVE DUTY FOR OPERATIONAL SUPPORT. During fiscal year 2021, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: - (1) The Army National Guard of the United States, 17,000. - (2) The Army Reserve, 13,000. - (3) The Navy Reserve, 6,200. - (4) The Marine Corps Reserve, 3,000. - (5) The Air National Guard of the United States, 16,000. - (6) The Air Force Reserve, 14,000. + (1) The Army National Guard of the United States, 17,000. + (2) The Army Reserve, 13,000. + (3) The Navy Reserve, 6,200. + (4) The Marine Corps Reserve, 3,000. + (5) The Air National Guard of the United States, 16,000. + (6) The Air Force Reserve, 14,000. + SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF MINIMUM END + STRENGTHS FOR NON-TEMPORARY MILITARY TECHNICIANS (DUAL STATUS) + AND END STRENGTHS FOR TEMPORARY MILITARY TECHNICIANS (DUAL + STATUS). + (a) In General.--Section 115(d) of title 10, United States Code, is +amended-- + (1) in the first sentence, by striking ``the end strength for + military technicians (dual status)'' and inserting ``both the + minimum end strength for non-temporary military technicians (dual + status) and the end strength for temporary military technicians + (dual status)''; and + (2) in the third sentence, by striking ``the end strength + requested for military technicians (dual status)'' and inserting + ``the minimum end strength for non-temporary military technicians + (dual status), and the end strength for temporary military + technicians (dual status), requested''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on the day after the date of the enactment of this Act. The +amendment made by subsection (a)(2) shall apply with respect to budgets +submitted by the President to Congress under section 1105 of title 31, +United States Code, after such effective date. Subtitle C--Authorization of Appropriations -SEC. 421. MILITARY PERSONNEL. - + SEC. 421. MILITARY PERSONNEL. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for @@ -9777,224 +10111,1653 @@ year 2021. Subtitle A--Officer Personnel Policy -SEC. 501. AUTHORIZED STRENGTH: EXCLUSION OF CERTAIN GENERAL AND FLAG - OFFICERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY. +Sec. 501. Authorized strengths of general and flag officers on active + duty. +Sec. 502. Temporary expansion of availability of enhanced constructive + service credit in a particular career field upon original + appointment as a commissioned officer. +Sec. 503. Diversity in selection boards. +Sec. 504. Requirement for promotion selection board recommendation of + higher placement on promotion list of officers of particular + merit. +Sec. 505. Special selection review boards for review of promotion of + officers subject to adverse information identified after + recommendation for promotion and related matters. +Sec. 506. Number of opportunities for consideration for promotion under + alternative promotion authority. +Sec. 507. Mandatory retirement for age. +Sec. 508. Clarifying and improving restatement of rules on the retired + grade of commissioned officers. +Sec. 509. Repeal of authority for original appointment of regular Navy + officers designated for engineering duty, aeronautical + engineering duty, and special duty. +Sec. 509A. Permanent programs on direct commissions to cyber positions. +Sec. 509B. Review of Seaman to Admiral-21 program. - Section 526a of title 10, United States Code, is amended-- - (1) by redesignating subsections (c) through (h) as - subsections (d) through (i), respectively; and - (2) by inserting after subsection (b) the following new - subsection (c): - ``(c) Exclusion of Certain Officers of the Reserve Components.--The -limitations of this section do not apply to the following: - ``(1) A general or flag officer of a reserve component who - is on active duty-- - ``(A) for training; or - ``(B) under a call or order specifying a period of - less than 180 days. - ``(2)(A) A general or flag officer of a reserve component - who is authorized by the Secretary of the military department - concerned to serve on active duty for a period of at least 180 - days and not longer than 365 days. - ``(B) The Secretary of the military department concerned - may authorize a number, determined under subparagraph (C), of - officers in the reserve component of each armed force under the - jurisdiction of that Secretary to serve as described in - subparagraph (A). - ``(C) Each number described in subparagraph (B) may not - exceed 10 percent of the number of general or flag officers, as - the case may be, authorized to serve in the armed force - concerned under section 12004 of this title. In determining a - number under this subparagraph, any fraction shall be rounded - down to the next whole number that is greater than zero. - ``(3)(A) A general or flag officer of a reserve component - who is on active duty for a period longer than 365 days and not - longer than three years. - ``(B) The number of officers described in subparagraph (A) - who do not serve in a position that is a joint duty assignment - for purposes of chapter 38 of this title may not exceed five - per armed force, unless authorized by the Secretary of - Defense.''. - -SEC. 502. DIVERSITY IN SELECTION BOARDS. - - (a) Requirement for Diverse Membership of Active Duty Selection -Boards.-- - (1) Officers.--Section 612(a)(1) of title 10, United States - Code, is amended by adding at the end the following new - sentence: ``The members of a selection board shall represent - the diversity of the armed forces to the extent practicable.''. - (2) Warrant officers.--Section 573(b) of title 10, United - States Code, is amended by adding at the end the following new - sentence: ``The members of a selection board shall represent - the diversity of the armed forces to the extent practicable.''. - (b) Requirement for Diverse Membership of Reserve Components -Selection Boards.--Section 14102(b) of title 10, United States Code, is -amended by adding at the end the following new sentence: ``The members -of a selection board shall represent the diversity of the armed forces -to the extent practicable.''. - (c) Other Selection Boards.-- - (1) In general.--The Secretary of Defense shall ensure that - the members of each selection board described in paragraph (2) - represent the diversity of the armed forces to the extent - practicable. - (2) Selection board described.--A selection board described - in this paragraph (1) is any selection board used with respect - to the promotion, education, or command assignments of members - of the Armed Forces that is not covered by the amendments made - by this section. - -SEC. 503. REDACTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM RECORDS - FURNISHED TO A PROMOTION BOARD. - - (a) Active-Duty Officers.--Section 615(b) of title 10, United -States Code, is amended-- - (1) by redesignating paragraphs (1) through (6) as - subparagraphs (A) through (F), respectively; - (2) in the matter preceding subparagraph (A), as - redesignated, by inserting ``(1)'' before ``The Secretary''; - (3) in subparagraph (C), as redesignated, by striking - ``whose name is furnished to the board'' and inserting ``under - consideration by the board for promotion''; - (4) by striking subparagraph (B), as redesignated, and - redesignating subparagraphs (C) through (F) as subparagraphs - (B) through (E), respectively; and - (5) by adding at the end the following new paragraph: - ``(2) The Secretary of the military department concerned shall -redact any personally identifiable information from the information -furnished to a selection board under this section.''. - (b) Reserve Officers.--Section 14107(b) of title 10, United States -Code, is amended-- - (1) by redesignating paragraphs (1) through (5) as - subparagraphs (A) through (E), respectively; - (2) in the matter preceding subparagraph (A), as - redesignated, by inserting ``(1)'' before ``The Secretary''; - (3) in subparagraph (C), as redesignated, by striking - ``whose name is furnished to the board'' and inserting ``under - consideration by the board for promotion''; - (4) by striking subparagraph (B), as redesignated, and - redesignating subparagraphs (C) through (E) as subparagraphs - (B) through (D), respectively; and - (5) by adding at the end the following new paragraph: - ``(2) The Secretary of the military department concerned shall -redact any personally identifiable information from the information -furnished to a promotion board under this section.''. - (c) Enlisted Members.--Each Secretary of a military department -shall prescribe regulations that require the redaction of any -personally identifiable information from the information furnished to a -board that considers for promotion an enlisted member of an Armed Force -under the jurisdiction of that Secretary. + Subtitle B--Reserve Component Management -SEC. 504. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED CONSTRUCTIVE - SERVICE CREDIT IN A PARTICULAR CAREER FIELD UPON ORIGINAL - APPOINTMENT AS A COMMISSIONED OFFICER. +Sec. 511. Temporary authority to order retired members to active duty in + high-demand, low-density assignments during war or national + emergency. +Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program. +Sec. 513. Grants to support STEM education in the Junior Reserve + Officers' Training Corps. +Sec. 514. Permanent suicide prevention and resilience program for the + reserve components. +Sec. 515. Modification of education loan repayment program for members + of Selected Reserve. +Sec. 516. Inclusion of drill or training foregone due to emergency + travel or duty restrictions in computations of entitlement to + and amounts of retired pay for non-regular service. +Sec. 517. Quarantine lodging for members of the reserve components who + perform certain service in response to the COVID-19 emergency. +Sec. 518. Direct employment pilot program for certain members of the + reserve components. +Sec. 519. Pilot programs authorized in connection with SROTC units and + CSPI programs at Historically Black Colleges and Universities + and minority institutions. +Sec. 519A. Report regarding full-time National Guard duty in response to + the COVID-19 pandemic. +Sec. 519B. Study and report on National Guard support to States + responding to major disasters. +Sec. 519C. Report on guidance for use of unmanned aircraft systems by + the National Guard. +Sec. 519D. Study and report on ROTC recruitment. + + Subtitle C--General Service Authorities and Correction of Military + Records + +Sec. 521. Increased access to potential recruits. +Sec. 522. Sunset and transfer of functions of the Physical Disability + Board of Review. +Sec. 523. Honorary promotion matters. +Sec. 524. Exclusion of official photographs of members from records + furnished to promotion selection boards. +Sec. 525. Report regarding reviews of discharges and dismissals based on + sexual orientation. + + Subtitle D--Prevention and Response To Sexual Assault, Harassment, and + Related Misconduct + +Sec. 531. Modification of time required for expedited decisions in + connection with applications for change of station or unit + transfer of members who are victims of sexual assault or + related offenses. +Sec. 532. Confidential reporting of sexual harassment. +Sec. 533. Additional bases for provision of advice by the Defense + Advisory Committee for the Prevention of Sexual Misconduct. +Sec. 534. Additional matters for 2021 report of the Defense Advisory + Committee for the Prevention of Sexual Misconduct. +Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among + duties of Defense Advisory Committee for the Prevention of + Sexual Misconduct. +Sec. 536. Modification of reporting and data collection on victims of + sexual offenses. +Sec. 537. Modification of annual report regarding sexual assaults + involving members of the Armed Forces. +Sec. 538. Coordination of support for survivors of sexual trauma. +Sec. 539. Policy for military service academies on separation of alleged + victims and alleged perpetrators in incidents of sexual + assault. +Sec. 539A. Safe-to-report policy applicable across the Armed Forces. +Sec. 539B. Accountability of leadership of the Department of Defense for + discharging the sexual harassment policies and programs of the + Department. +Sec. 539C. Reports on status of investigations of alleged sex-related + offenses. +Sec. 539D. Report on ability of Sexual Assault Response Coordinators and + Sexual Assault Prevention and Response Victim Advocates to + perform duties. +Sec. 539E. Briefing on Special Victims' Counsel program. +Sec. 539F. Briefing on placement of members of the Armed Forces in + academic status who are victims of sexual assault onto Non- + Rated Periods. + + Subtitle E--Military Justice and Other Legal Matters + +Sec. 541. Right to notice of victims of offenses under the Uniform Code + of Military Justice regarding certain post-trial motions, + filings, and hearings. +Sec. 542. Qualifications of judges and standard of review for Courts of + Criminal Appeals. +Sec. 543. Preservation of court-martial records. +Sec. 544. Availability of records for National Instant Criminal + Background Check System. +Sec. 545. Removal of personally identifying and other information of + certain persons from investigative reports, the Department of + Defense Central Index of Investigations, and other records and + databases. +Sec. 546. Briefing on mental health support for vicarious trauma for + certain personnel in the military justice system. +Sec. 547. Comptroller General of the United States report on + implementation by the Armed Forces of recent GAO + recommendations and statutory requirements on assessment of + racial, ethnic, and gender disparities in the military justice + system. +Sec. 548. Legal assistance for veterans and surviving spouses and + dependents. +Sec. 549. Clarification of termination of leases of premises and motor + vehicles of servicemembers who incur catastrophic injury or + illness or die while in military service. +Sec. 549A. Multidisciplinary board to evaluate suicide events. +Sec. 549B. Improvements to Department of Defense tracking of and + response to incidents of child abuse, adult crimes against + children, and serious harmful behavior between children and + youth involving military dependents on military installations. +Sec. 549C. Independent analysis and recommendations on domestic violence + in the Armed Forces. + + Subtitle F--Diversity and Inclusion + +Sec. 551. Diversity and inclusion reporting requirements and related + matters. +Sec. 552. National emergency exception for timing requirements with + respect to certain surveys of members of the Armed Forces. +Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in + workplace surveys administered by the Secretary of Defense. +Sec. 554. Inspector General oversight of diversity and inclusion in + Department of Defense; supremacist, extremist, or criminal + gang activity in the Armed Forces. +Sec. 555. Policy to improve responses to pregnancy and childbirth by + certain members of the Armed Forces. +Sec. 556. Training on certain Department of Defense instructions for + members of the Armed Forces. +Sec. 557. Evaluation of barriers to minority participation in certain + units of the Armed Forces. +Sec. 558. Comptroller General of the United States report on equal + opportunity at the military service academies. + + Subtitle G--Decorations and Awards + +Sec. 561. Extension of time to review World War I Valor Medals. +Sec. 562. Authorizations for certain awards. +Sec. 563. Feasibility study on establishment of service medal for + radiation-exposed veterans. +Sec. 564. Expressing support for the designation of Silver Star Service + Banner Day. + + Subtitle H--Member Education, Training, Transition, and Resilience + +Sec. 571. Mentorship and career counseling program for officers to + improve diversity in military leadership. +Sec. 572. Expansion of Skillbridge program to include the Coast Guard. +Sec. 573. Increase in number of permanent professors at the United + States Air Force Academy. +Sec. 574. Additional elements with 2021 and 2022 certifications on the + Ready, Relevant Learning initiative of the Navy. +Sec. 575. Information on nominations and applications for military + service academies. +Sec. 576. Report on potential improvements to certain military + educational institutions of the Department of Defense. +Sec. 577. College of International Security Affairs of the National + Defense University. +Sec. 578. Improvements to the Credentialing Opportunities On-Line + programs of the Armed Forces. +Sec. 579. GAO study regarding transferability of military certifications + to civilian occupational licenses and certifications. +Sec. 579A. Report regarding county, Tribal, and local veterans service + officers. + + Subtitle I--Military Family Readiness and Dependents' Education + +Sec. 581. Family readiness: definitions; communication strategy; review; + report. +Sec. 582. Improvements to Exceptional Family Member Program. +Sec. 583. Support services for members of special operations forces and + immediate family members. +Sec. 584. Responsibility for allocation of certain funds for military + child development programs. +Sec. 585. Military child care and child development center matters. +Sec. 586. Expansion of financial assistance under My Career Advancement + Account program. +Sec. 587. Improvements to partner criteria of the Military Spouse + Employment Partnership Program. +Sec. 588. 24-hour child care. +Sec. 589. Pilot program to provide financial assistance to members of + the Armed Forces for in-home child care. +Sec. 589A. Certain assistance to local educational agencies that benefit + dependents of military and civilian personnel. +Sec. 589B. Staffing of Department of Defense Education Activity schools + to maintain maximum student-to-teacher ratios. +Sec. 589C. Pilot program to expand eligibility for enrollment at + domestic dependent elementary and secondary schools. +Sec. 589D. Pilot program on expanded eligibility for Department of + Defense Education Activity Virtual High School program. +Sec. 589E. Training program regarding foreign malign influence + campaigns. +Sec. 589F. Study on cyberexploitation and online deception of members of + the Armed Forces and their families. +Sec. 589G. Matters relating to education for military dependent students + with special needs. +Sec. 589H. Studies and reports on the performance of the Department of + Defense Education Activity. + + Subtitle J--Other Matters and Reports +Sec. 591. Expansion of Department of Defense STARBASE Program. +Sec. 592. Inclusion of certain outlying areas in the Department of + Defense STARBASE Program. +Sec. 593. Postponement of conditional designation of Explosive Ordnance + Disposal Corps as a basic branch of the Army. +Sec. 594. Armed Services Vocational Aptitude Battery Test special + purpose adjunct to address computational thinking. +Sec. 595. Extension of reporting deadline for the annual report on the + assessment of the effectiveness of activities of the Federal + Voting Assistance Program. +Sec. 596. Plan on performance of funeral honors details by members of + other Armed Forces when members of the Armed Force of the + deceased are unavailable. +Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on + members of the Armed Forces and best practices to prevent + future financial hardships. +Sec. 598. Limitation on implementation of Army Combat Fitness Test. +Sec. 599. Semiannual reports on implementation of recommendations of the + Comprehensive Review of Special Operations Forces Culture and + Ethics. +Sec. 599A. Report on impact of children of certain Filipino World War II + veterans on national security, foreign policy, and economic + and humanitarian interests of the United States. + + Subtitle A--Officer Personnel Policy + + SEC. 501. AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON + ACTIVE DUTY. + (a) Exclusion of Certain General and Flag Officers of Reserve +Components on Active Duty From Strength Limitations.--Section 526a of +title 10, United States Code, is amended-- + (1) by redesignating subsections (c) through (h) as subsections + (d) through (i), respectively; and + (2) by inserting after subsection (b) the following new + subsection (c): + ``(c) Exclusion of Certain Officers of Reserve Components.--The +limitations of this section do not apply to the following: + ``(1) A general or flag officer of a reserve component who is + on active duty-- + ``(A) for training; or + ``(B) under a call or order specifying a period of less + than 180 days. + ``(2)(A) A general or flag officer of a reserve component who + is authorized by the Secretary of the military department concerned + to serve on active duty for a period of at least 180 days and not + longer than 365 days. + ``(B) The Secretary of the military department concerned may + authorize a number, determined under subparagraph (C), of officers + in the reserve component of each armed force under the jurisdiction + of that Secretary to serve as described in subparagraph (A). + ``(C) Each number described in subparagraph (B) may not exceed + 10 percent of the number of general or flag officers, as the case + may be, authorized to serve in the armed force concerned under + section 12004 of this title. In determining a number under this + subparagraph, any fraction shall be rounded down to the next whole + number that is greater than zero. + ``(3)(A) A general or flag officer of a reserve component who + is on active duty for a period longer than 365 days and not longer + than three years. + ``(B) The number of officers described in subparagraph (A) who + do not serve in a position that is a joint duty assignment for + purposes of chapter 38 of this title may not exceed five per armed + force, unless authorized by the Secretary of Defense.''. + (b) Allocation of Billets and Positions Among the Armed Forces and +for Joint Duty Assignments.-- + (1) Report required.--Not later than May 1, 2021, the Secretary + of Defense shall submit to the Committees on Armed Services of the + Senate and the House of Representatives a report on the results of + a study, conducted by the Secretary for purposes of the report, on + the following: + (A) The allocation among the Armed Forces of billets and + positions for general and flag officers on active duty. + (B) The allocation for joint duty assignments of billets + and positions for general and flag officers on active duty. + (2) Consultation.--The Secretary of Defense shall carry out + paragraph (1) in the consultation with the Secretaries of the + military departments and the Chairman of the Joint Chiefs of Staff. + (3) Elements.--The report required by paragraph (1) shall + include the following: + (A) A final plan to meet the authorized strengths of + general and flag officers on active duty after December, 31, + 2022, as required by section 526a of title 10, United States + Code, which plan shall set forth the intended disposition of + each billet or position for general or flag officer in effect + as of the date of the enactment of this Act in order to meet + the objectives of the plan. + (B) A recommendation by the Secretary of Defense as to the + appropriate grade level or levels for the billet or position of + commander of a component command within a combatant command. + (C) A recommendation by the Chairman of the Joint Chief of + Staff as to whether the billet or position of commander of a + component command within a combatant command should be + considered a joint duty assignment for purposes of section + 526(b) or 526a(b) of title 10, United States Code. + (D) A recommendation by the Secretary of Defense as to the + allocation of billets and positions for general and flag + officers on active duty among the Armed Forces within the + aggregate limitation specified in section 526a(a) of title 10, + United States Code, including the allocation of such billets + and positions within the Space Force. + (E) Such other matters as the Secretary of Defense + considers appropriate. + (c) Increase in Army Authorization for General Officers Serving in +Grade O-10.-- + (1) Increase.--Section 525(a)(1)(A) of title 10, United States + Code, is amended by striking ``7'' and inserting ``8''. + (2) Conforming decrease in strength limitations for joint duty + requirements.--Section 526(b)(3)(A) of such title is amended by + striking ``20'' and inserting ``19''. + (3) Construction of decrease as applying to generals.--The + reduction in number of positions excluded from authorized strength + limitations resulting from the amendment made by paragraph (2) + shall apply to positions in the grade of general. + SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED + CONSTRUCTIVE SERVICE CREDIT IN A PARTICULAR CAREER FIELD UPON + ORIGINAL APPOINTMENT AS A COMMISSIONED OFFICER. (a) Regular Officers.--Subparagraph (D) of section 533(b)(1) of title 10, United States Code, is amended to read as follows: - ``(D) Additional credit as follows: - ``(i) For special training or experience in a - particular officer field as designated by the Secretary - concerned, if such training or experience is directly - related to the operational needs of the armed force - concerned. - ``(ii) During fiscal years 2021 through 2025, for - advanced education in an officer field so designated, - if such education is directly related to the - operational needs of the armed force concerned.''. + ``(D) Additional credit as follows: + ``(i) For special training or experience in a particular + officer field as designated by the Secretary concerned, if such + training or experience is directly related to the operational + needs of the armed force concerned. + ``(ii) During fiscal years 2021 through 2025, for advanced + education in an officer field so designated, if such education + is directly related to the operational needs of the armed force + concerned.''. (b) Reserve Officers.--Section 12207(b)(1) of such title is amended-- - (1) in the matter preceding subparagraph (A), ``or a - designation in'' and all that follows through ``education or - training,'' and inserting ``and who has special training or - experience, or advanced education (if applicable),''; and - (2) by striking subparagraph (D) and inserting the - following new subparagraph: - ``(D) Additional credit as follows: - ``(i) For special training or experience in a - particular officer field as designated by the Secretary - concerned, if such training or experience is directly - related to the operational needs of the armed force - concerned. - ``(ii) During fiscal years 2021 through 2025, for - advanced education in an officer field so designated, - if such education is directly related to the - operational needs of the armed force concerned.''. + (1) in the matter preceding subparagraph (A), ``or a + designation in'' and all that follows through ``education or + training,'' and inserting ``and who has special training or + experience, or advanced education (if applicable),''; and + (2) by striking subparagraph (D) and inserting the following + new subparagraph (D): + ``(D) Additional credit as follows: + ``(i) For special training or experience in a particular + officer field as designated by the Secretary concerned, if such + training or experience is directly related to the operational + needs of the armed force concerned. + ``(ii) During fiscal years 2021 through 2025, for advanced + education in an officer field so designated, if such education + is directly related to the operational needs of the armed force + concerned.''. (c) Annual Report.-- - (1) In general.--Not later than February 1, 2022, and every - 4 years thereafter, each Secretary of a military department - shall submit to the Committees on Armed Services of the Senate - and the House of Representatives a report on the use of the - authorities in subparagraph (D) of section 553(b)(1) of title - 10, United States Code (as amended by subsection (a)), and - subparagraph (D) of section 12207(b)(1) of such title (as - amended by subsection (b)) (each referred to in this subsection - as a ``constructive credit authority'') during the preceding - fiscal year for the Armed Forces under the jurisdiction of such - Secretary. - (2) Elements.--Each report under paragraph (1) shall - include, for the fiscal year and Armed Forces covered by such - report, the following: - (A) The manner in which constructive service credit - was calculated under each constructive credit - authority. - (B) The number of officers credited constructive - service credit under each constructive credit - authority. - (C) A description and assessment of the utility of - the constructive credit authorities in meeting the - operational needs of the Armed Force concerned. - (D) Such other matters in connection with the - constructive credit authorities as the Secretary of the - military department concerned considers appropriate. - -SEC. 505. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS. - - Section 509 of the National Defense Authorization Act for Fiscal -Year 2017 (Public Law 114-328; 10 U.S.C. 503 note) is amended-- - (1) by striking ``pilot'' each place it appears; and - (2) by striking subsections (d) and (e). + (1) In general.--Not later than February 1, 2022, and every + four years thereafter, each Secretary of a military department + shall submit to the Committees on Armed Services of the Senate and + the House of Representatives a report on the use of the authorities + in subparagraph (D) of section 553(b)(1) of title 10, United States + Code (as amended by subsection (a)), and subparagraph (D) of + section 12207(b)(1) of such title (as amended by subsection (b)) + (each referred to in this subsection as a ``constructive credit + authority'') during the preceding fiscal year for the Armed Forces + under the jurisdiction of such Secretary. + (2) Elements.--Each report under paragraph (1) shall include, + for the fiscal year and Armed Forces covered by such report, the + following: + (A) The manner in which constructive service credit was + calculated under each constructive credit authority. + (B) The number of officers credited constructive service + credit under each constructive credit authority. + (C) A description and assessment of the utility of the + constructive credit authorities in meeting the operational + needs of the Armed Force concerned. + (D) Such other matters in connection with the constructive + credit authorities as the Secretary of the military department + concerned considers appropriate. + SEC. 503. DIVERSITY IN SELECTION BOARDS. + (a) Requirement for Diverse Membership of Active Duty Promotion +Selection Boards.-- + (1) Officers.--Section 612(a)(1) of title 10, United States + Code, is amended by adding at the end the following new sentence: + ``The members of a selection board shall represent the diverse + population of the armed force concerned to the extent + practicable.''. + (2) Warrant officers.--Section 573(b) of title 10, United + States Code, is amended by adding at the end the following new + sentence: ``The members of a selection board shall represent the + diverse population of the armed force concerned to the extent + practicable.''. + (b) Requirement for Diverse Membership of Reserve Component +Promotion Selection Boards.--Section 14102(b) of title 10, United +States Code, is amended by adding at the end the following new +sentence: ``The members of a selection board shall represent the +diverse population of the armed force concerned to the extent +practicable.''. + (c) Other Selection Boards.-- + (1) In general.--The Secretary of Defense shall ensure that the + members of each selection board described in paragraph (2) + represent the diverse population of the Armed Force concerned to + the extent practicable. + (2) Selection board described.--A selection board described in + this paragraph (1) is any selection board used with respect to the + promotion, education, or command assignments of members of the + Armed Forces that is not covered by the amendments made by this + section. + SEC. 504. REQUIREMENT FOR PROMOTION SELECTION BOARD RECOMMENDATION + OF HIGHER PLACEMENT ON PROMOTION LIST OF OFFICERS OF PARTICULAR + MERIT. + (a) In General.--Section 616(h) of title 10, United States Code, is +amended-- + (1) in paragraph (1)-- + (A) by striking ``may'' and inserting ``shall''; and + (B) by inserting ``pursuant to guidelines and procedures + prescribed by the Secretary,'' after ``officers of particular + merit,''; and + (2) in paragraph (3), by inserting ``, pursuant to guidelines + and procedures prescribed by the Secretary concerned,'' after + ``shall recommend''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on the date of the enactment of this Act, and shall apply +with respect to officers recommended for promotion by promotion +selection boards convened on or after that date. + SEC. 505. SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PROMOTION + OF OFFICERS SUBJECT TO ADVERSE INFORMATION IDENTIFIED AFTER + RECOMMENDATION FOR PROMOTION AND RELATED MATTERS. + (a) Regular Officers.-- + (1) In general.--Subchapter III of chapter 36 of title 10, + United States Code, is amended by inserting after section 628 the + following new section: +``Sec. 628a. Special selection review boards + ``(a) In General.--(1) If the Secretary of the military department +concerned determines that a person recommended by a promotion board for +promotion to a grade at or below the grade of major general, rear +admiral in the Navy, or an equivalent grade in the Space Force is the +subject of credible information of an adverse nature, including any +substantiated adverse finding or conclusion described in section +615(a)(3)(A) of this title, that was not furnished to the promotion +board during its consideration of the person for promotion as otherwise +required by such section, the Secretary shall convene a special +selection review board under this section to review the person and +recommend whether the recommendation for promotion of the person should +be sustained. + ``(2) If a person and the recommendation for promotion of the +person is subject to review under this section by a special selection +review board convened under this section, the name of the person-- + ``(A) shall not be disseminated or publicly released on the + list of officers recommended for promotion by the promotion board + recommending the promotion of the person; and + ``(B) shall not be forwarded to the Secretary of Defense, the + President, or the Senate, as applicable, or included on a promotion + list under section 624(a) of this title. + ``(b) Convening.--(1) Any special selection review board convened +under this section shall be convened in accordance with the provisions +of section 628(f) of this title. + ``(2) Any special selection review board convened under this +section may review such number of persons, and recommendations for +promotion of such persons, as the Secretary of the military department +concerned shall specify in convening such special selection review +board. + ``(c) Information Considered.--(1) In reviewing a person and +recommending whether the recommendation for promotion of the person +should be sustained under this section, a special selection review +board convened under this section shall be furnished and consider the +following: + ``(A) The record and information concerning the person + furnished in accordance with section 615(a)(2) of this title to the + promotion board that recommended the person for promotion. + ``(B) Any credible information of an adverse nature on the + person, including any substantiated adverse finding or conclusion + from an officially documented investigation or inquiry described in + section 615(a)(3)(A) of this title. + ``(2) The furnishing of information to a special selection review +board under paragraph (1)(B) shall be governed by the standards and +procedures referred to in paragraph (3)(C) of section 615(a) of this +title applicable to the furnishing of information described in +paragraph (3)(A) of such section to selection boards in accordance with +that section. + ``(3)(A) Before information on a person described in paragraph +(1)(B) is furnished to a special selection review board for purposes of +this section, the Secretary of the military department concerned shall +ensure that-- + ``(i) such information is made available to the person; and + ``(ii) subject to subparagraphs (C) and (D), the person is + afforded a reasonable opportunity to submit comments on such + information to the special selection review board before its review + of the person and the recommendation for promotion of the person + under this section. + ``(B) If information on a person described in paragraph (1)(B) is +not made available to the person as otherwise required by subparagraph +(A)(i) due to the classification status of such information, the person +shall, to the maximum extent practicable, be furnished a summary of +such information appropriate to the person's authorization for access +to classified information. + ``(C)(i) An opportunity to submit comments on information is not +required for a person under subparagraph (A)(ii) if-- + ``(I) such information was made available to the person in + connection with the furnishing of such information under section + 615(a) of this title to the promotion board that recommended the + promotion of the person subject to review under this section; and + ``(II) the person submitted comments on such information to + that promotion board. + ``(ii) The comments on information of a person described in clause +(i)(II) shall be furnished to the special selection review board. + ``(D) A person may waive either or both of the following: + ``(i) The right to submit comments to a special selection + review board under subparagraph (A)(ii). + ``(ii) The furnishing of comments to a special selection review + board under subparagraph (C)(ii). + ``(d) Consideration.--(1) In considering the record and information +on a person under this section, the special selection review board +shall compare such record and information with an appropriate sampling +of the records of those officers of the same competitive category who +were recommended for promotion by the promotion board that recommended +the person for promotion, and an appropriate sampling of the records of +those officers who were considered by and not recommended for promotion +by that promotion board. + ``(2) Records and information shall be presented to a special +selection review board for purposes of paragraph (1) in a manner that +does not indicate or disclose the person or persons for whom the +special selection review board was convened. + ``(3) In considering whether the recommendation for promotion of a +person should be sustained under this section, a special selection +review board shall, to the greatest extent practicable, apply standards +used by the promotion board that recommended the person for promotion. + ``(4) The recommendation for promotion of a person may be sustained +under this section only if the special selection review board +determines that the person-- + ``(A) ranks on an order of merit created by the special + selection review board as better qualified for promotion than the + sample officer highest on the order of merit list who was + considered by and not recommended for promotion by the promotion + board concerned; and + ``(B) is comparable in qualification for promotion to those + sample officers who were recommended for promotion by that + promotion board. + ``(5) A recommendation for promotion of a person may be sustained +under this section only by a vote of a majority of the members of the +special selection review board. + ``(6) If a special selection review board does not sustain a +recommendation for promotion of a person under this section, the person +shall be considered to have failed of selection for promotion. + ``(e) Reports.--(1) Each special selection review board convened +under this section shall submit to the Secretary of the military +department concerned a written report, signed by each member of the +board, containing the name of each person whose recommendation for +promotion it recommends for sustainment and certifying that the board +has carefully considered the record and information of each person +whose name was referred to it. + ``(2) The provisions of sections 617(b) and 618 of this title apply +to the report and proceedings of a special selection review board +convened under this section in the same manner as they apply to the +report and proceedings of a promotion board convened under section +611(a) of this title. + ``(f) Appointment of Persons.--(1) If the report of a special +selection review board convened under this section recommends the +sustainment of the recommendation for promotion to the next higher +grade of a person whose name was referred to it for review under this +section, and the President approves the report, the person shall, as +soon as practicable, be appointed to that grade in accordance with +subsections (b) and (c) of section 624 of this title. + ``(2) A person who is appointed to the next higher grade as +described in paragraph (1) shall, upon that appointment, have the same +date of rank, the same effective date for the pay and allowances of +that grade, and the same position on the active-duty list as the person +would have had pursuant to the original recommendation for promotion of +the promotion board concerned. + ``(g) Regulations.--(1) The Secretary of Defense shall prescribe +regulations to carry out this section. Such regulations shall apply +uniformly across the military departments. + ``(2) Any regulation prescribed by the Secretary of a military +department to supplement the regulations prescribed pursuant to +paragraph (1) may not take effect without the approval of the Secretary +of Defense, in writing. + ``(h) Promotion Board Defined.--In this section, the term +`promotion board 'means a selection board convened by the Secretary of +a military department under section 611(a) of this title.''. + (2) Clerical amendment.--The table of sections at the beginning + of subchapter III of chapter 36 of such title is amended by + inserting after the item relating to section 628 the following new + item: + +``628a. Special selection review boards.''. + + (3) Delay in promotion.--Section 624(d) of such title is + amended-- + (A) in paragraph (1)-- + (i) in subparagraph (D), by striking ``or'' at the end; + (ii) in subparagraph (E), by striking the period at the + end and inserting ``; or''; and + (iii) by inserting after subparagraph (E) the following + new subparagraph (F): + ``(F) the Secretary of the military department concerned + determines that credible information of an adverse nature, + including a substantiated adverse finding or conclusion described + in section 615(a)(3)(A) of this title, with respect to the officer + will result in the convening of a special selection review board + under section 628a of this title to review the officer and + recommend whether the recommendation for promotion of the officer + should be sustained.''; + (B) by redesignating paragraphs (3) and (4) as paragraphs + (4) and (5), respectively; + (C) by inserting after paragraph (2) the following new + paragraph (3): + ``(3) In the case of an officer whose promotion is delayed pursuant +to paragraph (1)(F) and whose recommendation for promotion is +sustained, authorities for the promotion of the officer are specified +in section 628a(f) of this title.''; and + (D) in paragraph (4), as redesignated by subparagraph (B)-- + (i) by striking ``The appointment'' and inserting ``(A) + Except as provided in subparagraph (B), the appointment''; + and + (ii) by adding at the end the following new + subparagraph: + ``(B) In the case of an officer whose promotion is delayed pursuant +to paragraph (1)(F), requirements applicable to notice and opportunity +for response to such delay are specified in section 628a(c)(3) of this +title.''. + (b) Reserve Officers.-- + (1) In general.--Chapter 1407 of title 10, United States Code, + is amended by inserting after section 14502 the following new + section: +``Sec. 14502a. Special selection review boards + ``(a) In General.--(1) If the Secretary of the military department +concerned determines that a person recommended by a promotion board for +promotion to a grade at or below the grade of major general or rear +admiral in the Navy is the subject of credible information of an +adverse nature, including any substantiated adverse finding or +conclusion described in section 14107(a)(3)(A) of this title, that was +not furnished to the promotion board during its consideration of the +person for promotion as otherwise required by such section, the +Secretary shall convene a special selection review board under this +section to review the person and recommend whether the recommendation +for promotion of the person should be sustained. + ``(2) If a person and the recommendation for promotion of the +person is subject to review under this section by a special selection +review board convened under this section, the name of the person-- + ``(A) shall not be disseminated or publicly released on the + list of officers recommended for promotion by the promotion board + recommending the promotion of the person; and + ``(B) shall not be forwarded to the Secretary of Defense, the + President, or the Senate, as applicable, or included on a promotion + list under section 14308(a) of this title. + ``(b) Convening.--(1) Any special selection review board convened +under this section shall be convened in accordance with the provisions +of section 14502(b)(2) of this title. + ``(2) Any special selection review board convened under this +section may review such number of persons, and recommendations for +promotion of such persons, as the Secretary of the military department +concerned shall specify in convening such special selection review +board. + ``(c) Information Considered.--(1) In reviewing a person and +recommending whether the recommendation for promotion of the person +should be sustained under this section, a special selection review +board convened under this section shall be furnished and consider the +following: + ``(A) The record and information concerning the person + furnished in accordance with section 14107(a)(2) of this title to + the promotion board that recommended the person for promotion. + ``(B) Any credible information of an adverse nature on the + person, including any substantiated adverse finding or conclusion + from an officially documented investigation or inquiry described in + section 14107(a)(3)(A) of this title. + ``(2) The furnishing of information to a special selection review +board under paragraph (1)(B) shall be governed by the standards and +procedures referred to in paragraph (3)(B) of section 14107(a) of this +title applicable to the furnishing of information described in +paragraph (3)(A) of such section to promotion boards in accordance with +that section. + ``(3)(A) Before information on person described in paragraph (1)(B) +is furnished to a special selection review board for purposes of this +section, the Secretary of the military department concerned shall +ensure that-- + ``(i) such information is made available to the person; and + ``(ii) subject to subparagraphs (C) and (D), the person is + afforded a reasonable opportunity to submit comments on such + information to the special selection review board before its review + of the person and the recommendation for promotion of the person + under this section. + ``(B) If information on an officer described in paragraph (1)(B) is +not made available to the person as otherwise required by subparagraph +(A)(i) due to the classification status of such information, the person +shall, to the maximum extent practicable, be furnished a summary of +such information appropriate to the person's authorization for access +to classified information. + ``(C)(i) An opportunity to submit comments on information is not +required for a person under subparagraph (A)(ii) if-- + ``(I) such information was made available to the person in + connection with the furnishing of such information under section + 14107(a) of this title to the promotion board that recommended the + promotion of the person subject to review under this section; and + ``(II) the person submitted comments on such information to + that promotion board. + ``(ii) The comments on information of a person described in clause +(i)(II) shall be furnished to the special selection review board. + ``(D) A person may waive either or both of the following: + ``(i) The right to submit comments to a special selection + review board under subparagraph (A)(ii). + ``(ii) The furnishing of comments to a special selection review + board under subparagraph (C)(ii). + ``(d) Consideration.--(1) In considering the record and information +on a person under this section, the special selection review board +shall compare such record and information with an appropriate sampling +of the records of those officers of the same competitive category who +were recommended for promotion by the promotion board that recommended +the person for promotion, and an appropriate sampling of the records of +those officers who were considered by and not recommended for promotion +by that promotion board. + ``(2) Records and information shall be presented to a special +selection review board for purposes of paragraph (1) in a manner that +does not indicate or disclose the person or persons for whom the +special selection review board was convened. + ``(3) In considering whether the recommendation for promotion of a +person should be sustained under this section, a special selection +review board shall, to the greatest extent practicable, apply standards +used by the promotion board that recommended the person for promotion. + ``(4) The recommendation for promotion of a person may be sustained +under this section only if the special selection review board +determines that the person-- + ``(A) ranks on an order of merit created by the special + selection review board as better qualified for promotion than the + sample officer highest on the order of merit list who was + considered by and not recommended for promotion by the promotion + board concerned; and + ``(B) is comparable in qualification for promotion to those + sample officers who were recommended for promotion by that + promotion board. + ``(5) A recommendation for promotion of a person may be sustained +under this section only by a vote of a majority of the members of the +special selection review board. + ``(6) If a special selection review board does not sustain a +recommendation for promotion of a person under this section, the person +shall be considered to have failed of selection for promotion. + ``(e) Reports.--(1) Each special selection review board convened +under this section shall submit to the Secretary of the military +department concerned a written report, signed by each member of the +board, containing the name of each person whose recommendation for +promotion it recommends for sustainment and certifying that the board +has carefully considered the record and information of each person +whose name was referred to it. + ``(2) The provisions of sections 14109(c), 14110, and 14111 of this +title apply to the report and proceedings of a special selection review +board convened under this section in the same manner as they apply to +the report and proceedings of a promotion board convened under section +14101(a) of this title. + ``(f) Appointment of Persons.--(1) If the report of a special +selection review board convened under this section recommends the +sustainment of the recommendation for promotion to the next higher +grade of a person whose name was referred to it for review under this +section, and the President approves the report, the person shall, as +soon as practicable, be appointed to that grade in accordance with +section 14308 of this title. + ``(2) A person who is appointed to the next higher grade as +described in paragraph (1) shall, upon that appointment, have the same +date of rank, the same effective date for the pay and allowances of +that grade, and the same position on the reserve active-status list as +the person would have had pursuant to the original recommendation for +promotion of the promotion board concerned. + ``(g) Regulations.--(1) The Secretary of Defense shall prescribe +regulations to carry out this section. Such regulations shall apply +uniformly across the military departments. + ``(2) Any regulation prescribed by the Secretary of a military +department to supplement the regulations prescribed pursuant to +paragraph (1) may not take effect without the approval of the Secretary +of Defense, in writing. + ``(h) Promotion Board Defined.--In this section, the term +`promotion board 'means a selection board convened by the Secretary of +a military department under section 14101(a) of this title.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 1407 of such title is amended by inserting after the + item relating to section 14502 the following new item: + +``14502a. Special selection review boards.''. + + (3) Delay in promotion.--Section 14311 of such title is + amended-- + (A) in subsection (a)-- + (i) in paragraph (1), by adding at the end the + following new subparagraph: + ``(F) The Secretary of the military department concerned + determines that credible information of adverse nature, including a + substantiated adverse finding or conclusion described in section + 14107(a)(3)(A) of this title, with respect to the officer will + result in the convening of a special selection review board under + section 14502a of this title to review the officer and recommend + whether the recommendation for promotion of the officer should be + sustained.''; and + (ii) by adding at the end the following new paragraph: + ``(3) In the case of an officer whose promotion is delayed pursuant +to paragraph (1)(F) and whose recommendation for promotion is +sustained, authorities for the promotion of the officer are specified +in section 14502a(f) of this title.''; and + (B) in subsection (c), by adding at the end the following + new paragraph: + ``(3) Notwithstanding paragraphs (1) and (2), in the case of an +officer whose promotion is delayed pursuant to subsection (a)(1)(F), +requirements applicable to notice and opportunity for response to such +delay are specified in section 14502a(c)(3) of this title.''. + (c) Requirements for Furnishing Adverse Information on Regular +Officers to Promotion Selection Boards.-- + (1) Extension of requirements to space force regular + officers.--Subparagraph (B)(i) of section 615(a)(3) of title 10, + United States Code, is amended by striking ``or, in the case of the + Navy, lieutenant'' and inserting ``, in the case of the Navy, + lieutenant, or in the case of the Space Force, the equivalent + grade''. + (2) Satisfaction of requirements through special selection + review boards.--Such section is further amended by adding at the + end the following new subparagraph: + ``(D) With respect to the consideration of an officer for promotion +to a grade at or below major general, in the case of the Navy, rear +admiral, or, in the case of the Space Force, the equivalent grade, the +requirements in subparagraphs (A) and (C) may be met through the +convening and actions of a special selection review board with respect +to the officer under section 628a of this title.''. + (3) Delayed applicability of requirements to boards for + promotion of officers to non-general and flag officer grades.-- + Subsection (c) of section 502 of the National Defense Authorization + Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1344) is + amended to read as follows: + ``(c) Effective Date and Applicability.-- + ``(1) Effective date.--The amendments made by this section + shall take effect on December 20, 2019, and shall, except as + provided in paragraph (2), apply with respect to the proceedings of + promotion selection boards convened under section 611(a) of title + 10, United States Code, after that date. + ``(2) Delayed applicability for boards for promotion to non- + general and flag officer grades.--The amendments made this section + shall apply with respect to the proceedings of promotion selection + boards convened under section 611(a) of title 10, United States + Code, for consideration of officers for promotion to a grade below + the grade of brigadier general or, in the case of the Navy, rear + admiral (lower half), only if such boards are so convened after + January 1, 2021.''. + (d) Requirements for Furnishing Adverse Information on Reserve +Officers to Promotion Selection Boards.--Section 14107(a)(3) of title +10, United States Code, is amended-- + (1) by inserting ``(A)'' after ``(3)''; + (2) in subparagraph (A), as designated by paragraph (1), by + striking ``colonel, or, in the case of the Navy, captain'' and + inserting ``lieutenant colonel, or, in the case of the Navy, + commander''; and + (3) by adding at the end the following new subparagraphs + ``(B) The standards and procedures referred to in subparagraph (A) +shall require the furnishing to the selection board, and to each +individual member of the board, the information described in that +subparagraph with regard to an officer in a grade specified in that +subparagraph at each stage or phase of the selection board, concurrent +with the screening, rating, assessment, evaluation, discussion, or +other consideration by the board or member of the official military +personnel file of the officer, or of the officer. + ``(C) With respect to the consideration of an officer for promotion +to a grade at or below major general or, in the Navy, rear admiral, the +requirements in subparagraphs (A) and (B) may be met through the +convening and actions of a special selection board with respect to the +officer under section 14502a of this title.''. + SEC. 506. NUMBER OF OPPORTUNITIES FOR CONSIDERATION FOR PROMOTION + UNDER ALTERNATIVE PROMOTION AUTHORITY. + Section 649c of title 10, United States Code, is amended-- + (1) by redesignating subsection (d) as subsection (e); and + (2) by inserting after subsection (c) the following new + subsection (d): + ``(d) Inapplicability of Requirement Relating to Opportunities for +Consideration for Promotion.--Section 645(1)(A)(i)(I) of this title +shall not apply to the promotion of officers described in subsection +(a) to the extent that such section is inconsistent with a number of +opportunities for promotion specified pursuant to section 649d of this +title.''. + SEC. 507. MANDATORY RETIREMENT FOR AGE. + (a) General Rule.--Subsection (a) of section 1251 of title 10, +United States Code, is amended-- + (1) by striking ``or Marine Corps,'' and inserting ``Marine + Corps, or Space Force''; and + (2) by inserting ``or separated, as specified in subsection + (e),'' after ``shall be retired''. + (b) Deferred Retirement or Separation of Health Professions +Officers.--Subsection (b) of such section is amended-- + (1) in the subsection heading, by inserting ``or Separation'' + after ``Retirement''; and + (2) in paragraph (1), by inserting ``or separation'' after + ``retirement''. + (c) Deferred Retirement or Separation of Other Officers.-- +Subsection (c) of such section is amended-- + (1) in the subsection heading, by striking ``of Chaplains'' and + inserting ``or Separation of Other Officers''; + (2) by inserting ``or separation'' after ``retirement''; and + (3) by striking ``an officer who is appointed or designated as + a chaplain'' and inserting ``any officer other than a health + professions officer described in subsection (b)(2)''. + (d) Retirement or Separation Based on Years of Creditable +Service.--Such section is further amended by adding at the end the +following new subsection: + ``(e) Retirement or Separation Based on Years of Creditable +Service.--(1) The following rules shall apply to a regular commissioned +officer who is to be retired or separated under subsection (a): + ``(A) If the officer has at least 6 but fewer than 20 years of + creditable service, the officer shall be separated, with separation + pay computed under section 1174(d)(1) of this title. + ``(B) If the officer has fewer than 6 years of creditable + service, the officer shall be separated under subsection (a). + ``(2) Notwithstanding paragraph (1), in the case of a regular +commissioned officer who was added to the retired list before the date +of the enactment of the William M. (Mac) Thornberry National Defense +Authorization Act for Fiscal Year 2021, the officer shall be retired, +with retired pay computed under section 1401 of this title.''. + SEC. 508. CLARIFYING AND IMPROVING RESTATEMENT OF RULES ON THE + RETIRED GRADE OF COMMISSIONED OFFICERS. + (a) Restatement.-- + (1) In general.--Chapter 69 of title 10, United States Code, is + amended by striking section 1370 and inserting the following new + sections: +``Sec. 1370. Regular commissioned officers + ``(a) Retirement in Highest Grade in Which Served Satisfactorily.-- + ``(1) In general.--Unless entitled to a different retired grade + under some other provision of law, a commissioned officer (other + than a commissioned warrant officer) of the Army, Navy, Air Force, + Marine Corps, or Space Force who retires under any provision of law + other than chapter 61 or 1223 of this title shall be retired in the + highest permanent grade in which such officer is determined to have + served on active duty satisfactorily. + ``(2) Determination of satisfactory service.--The determination + of satisfactory service of an officer in a grade under paragraph + (1) shall be made as follows: + ``(A) By the Secretary of the military department + concerned, if the officer is serving in a grade at or below the + grade of major general, rear admiral in the Navy, or the + equivalent grade in the Space Force. + ``(B) By the Secretary of Defense, if the officer is + serving or has served in a grade above the grade of major + general, rear admiral in the Navy, or the equivalent grade in + the Space Force. + ``(3) Effect of misconduct in lower grade in determination.--If + the Secretary of a military department or the Secretary of Defense, + as applicable, determines that an officer committed misconduct in a + lower grade than the retirement grade otherwise provided for the + officer by this section-- + ``(A) such Secretary may deem the officer to have not + served satisfactorily in any grade equal to or higher than such + lower grade for purposes of determining the retirement grade of + the officer under this section; and + ``(B) the grade next lower to such lower grade shall be the + retired grade of the officer under this section. + ``(4) Nature of retirement of certain reserve officers and + officers in temporary grades.--A reserve officer, or an officer + appointed to a position under section 601 of this title, who is + notified that the officer will be released from active duty without + the officer's consent and thereafter requests retirement under + section 7311, 8323, or 9311 of this title and is retired pursuant + to that request is considered for purposes of this section to have + been retired involuntarily. + ``(5) Nature of retirement of certain removed officers.--An + officer retired pursuant to section 1186(b)(1) of this title is + considered for purposes of this section to have been retired + voluntarily. + ``(b) Retirement of Officers Retiring Voluntarily.-- + ``(1) Service-in-grade requirement.--In order to be eligible + for voluntary retirement under any provision of this title in a + grade above the grade of captain in the Army, Air Force, or Marine + Corps, lieutenant in the Navy, or the equivalent grade in the Space + Force, a commissioned officer of the Army, Navy, Air Force, Marine + Corps, or Space Force must have served on active duty in that grade + for a period of not less than three years, except that-- + ``(A) subject to subsection (c), the Secretary of Defense + may reduce such period to a period of not less than two years + for any officer; and + ``(B) in the case of an officer to be retired in a grade at + or below the grade of major general in the Army, Air Force, or + Marine Corps, rear admiral in the Navy, or an equivalent grade + in the Space Force, the Secretary of Defense may authorize the + Secretary of the military department concerned to reduce such + period to a period of not less than two years. + ``(2) Limitation on delegation.--The authority of the Secretary + of Defense in subparagraph (A) of paragraph (1) may not be + delegated. The authority of the Secretary of a military department + in subparagraph (B) of paragraph (1), as delegated to such + Secretary pursuant to such subparagraph, may not be further + delegated. + ``(3) Waiver of requirement.--Subject to subsection (c), the + President may waive the application of the service-in-grade + requirement in paragraph (1) to officers covered by that paragraph + in individual cases involving extreme hardship or exceptional or + unusual circumstances. The authority of the President under this + paragraph may not be delegated. + ``(4) Limitation on reduction or waiver of requirement for + officers under investigation or pending misconduct.--In the case of + an officer to be retired in a grade above the grade of colonel in + the Army, Air Force, or Marine Corps, captain in the Navy, or the + equivalent grade in the Space Force, the service-in-grade + requirement in paragraph (1) may not be reduced pursuant to that + paragraph, or waived pursuant to paragraph (3), while the officer + is under investigation for alleged misconduct or while there is + pending the disposition of an adverse personnel action against the + officer. + ``(5) Grade and fiscal year limitations on reduction or waiver + of requirements.--The aggregate number of members of an armed force + in a grade for whom reductions are made under paragraph (1), and + waivers are made under paragraph (3), in a fiscal year may not + exceed-- + ``(A) in the case of officers to be retired in a grade at + or below the grade of major in the Army, Air Force, or Marine + Corps, lieutenant commander in the Navy, or the equivalent + grade in the Space Force, the number equal to two percent of + the authorized active-duty strength for that fiscal year for + officers of that armed force in that grade; + ``(B) in the case of officers to be retired in the grade of + lieutenant colonel or colonel in the Army, Air Force, or Marine + Corps, commander or captain in the Navy, or an equivalent grade + in the Space Force, the number equal to four percent of the + authorized active-duty strength for that fiscal year for + officers of that armed force in the applicable grade; or + ``(C) in the case of officers to be retired in the grade of + brigadier general or major general in the Army, Air Force, or + Marine Corps, rear admiral (lower half) or rear admiral in the + Navy, or an equivalent grade in the Space Force, the number + equal to 10 percent of the authorized active-duty strength for + that fiscal year for officers of that armed force in the + applicable grade. + ``(6) Notice to congress on reduction or waiver of requirements + for general, flag, and equivalent officer grades.--In the case of + an officer to be retired in a grade that is a general or flag + officer grade, or an equivalent grade in the Space Force, who is + eligible to retire in that grade only by reason of an exercise of + the authority in paragraph (1) to reduce the service-in-grade + requirement in that paragraph, or the authority in paragraph (3) to + waive that requirement, the Secretary of Defense or the President, + as applicable, shall, not later than 60 days prior to the date on + which the officer will be retired in that grade, notify the + Committees on Armed Services of the Senate and the House of + Representatives of the exercise of the applicable authority with + respect to that officer. + ``(7) Retirement in next lowest grade for officers not meeting + requirement.--An officer described in paragraph (1) whose length of + service in the highest grade held by the officer while on active + duty does not meet the period of the service-in-grade requirement + applicable to the officer under this subsection shall, subject to + subsection (c), be retired in the next lower grade in which the + officer served on active duty satisfactorily, as determined by the + Secretary of the military department concerned or the Secretary of + Defense, as applicable. + ``(c) Officers in O-9 and O-10 Grades.-- + ``(1) In general.--An officer of the Army, Navy, Air Force, + Marine Corps, or Space Force who is serving or has served in a + position of importance and responsibility designated by the + President to carry the grade of lieutenant general or general in + the Army, Air Force, or Marine Corps, vice admiral or admiral in + the Navy, or an equivalent grade in the Space Force under section + 601 of this title may be retired in such grade under subsection (a) + only after the Secretary of Defense certifies in writing to the + President and the Committees on Armed Services of the Senate and + the House of Representatives that the officer served on active duty + satisfactorily in such grade. + ``(2) Prohibition on delegation.--The authority of the + Secretary of Defense to make a certification with respect to an + officer under paragraph (1) may not be delegated. + ``(3) Requirements in connection with certification.--A + certification with respect to an officer under paragraph (1) + shall-- + ``(A) be submitted by the Secretary of Defense such that it + is received by the President and the Committees on Armed + Services of the Senate and the House of Representatives not + later than 60 days prior to the date on which the officer will + be retired in the grade concerned; + ``(B) include an up-to-date copy of the military biography + of the officer; and + ``(C) include the statement of the Secretary as to whether + or not potentially adverse, adverse, or reportable information + regarding the officer was considered by the Secretary in making + the certification. + ``(4) Construction with other notice.--In the case of an + officer under paragraph (1) to whom a reduction in the service-in- + grade requirement under subsection (b)(1) or waiver under + subsection (b)(3) applies, the requirement for notification under + subsection (b)(6) is satisfied if the notification is included in + the certification submitted by the Secretary of Defense under + paragraph (1). + ``(d) Conditional Retirement Grade and Retirement for Officers +Pending Investigation or Adverse Action.-- + ``(1) In general.--When an officer serving in a grade at or + below the grade of major general in the Army, Air Force, or Marine + Corps, rear admiral in the Navy, or an equivalent grade in the + Space Force is under investigation for alleged misconduct or + pending the disposition of an adverse personnel action at the time + of retirement, the Secretary of the military department concerned + may-- + ``(A) conditionally determine the highest permanent grade + of satisfactory service on active duty of the officer pending + completion of the investigation or resolution of the personnel + action, as applicable; and + ``(B) retire the officer in that conditional grade, subject + to subsection (e). + ``(2) Officers in o-9 and o-10 grades.--When an officer + described by subsection (c)(1) is under investigation for alleged + misconduct or pending the disposition of an adverse personnel + action at the time of retirement, the Secretary of Defense may-- + ``(A) conditionally determine the highest permanent grade + of satisfactory service on active duty of the officer, pending + completion of the investigation or personnel action, as + applicable; and + ``(B) retire the officer in that conditional grade, subject + to subsection (e). + ``(3) Reduction or waiver of service-in-grade requirement + prohibited for general, flag, and equivalent officer grades.--In + conditionally determining the retirement grade of an officer under + paragraph (1)(A) or (2)(A) of this subsection to be a grade above + the grade of colonel in the Army, Air Force, or Marine Corps, + captain in the Navy, or the equivalent grade in the Space Force, + the service-in-grade requirement in subsection (b)(1) may not be + reduced pursuant to subsection (b)(1) or waived pursuant to + subsection (b)(3). + ``(4) Prohibition on delegation.--The authority of the + Secretary of a military department under paragraph (1) may not be + delegated. The authority of the Secretary of Defense under + paragraph (2) may not be delegated. + ``(e) Final Retirement Grade Following Resolution of Pending +Investigation or Adverse Action.-- + ``(1) No change from conditional retirement grade.--If the + resolution of an investigation or personnel action with respect to + an officer who has been retired in a conditional retirement grade + pursuant to subsection (d) results in a determination that the + conditional retirement grade in which the officer was retired will + not be changed, the conditional retirement grade of the officer + shall, subject to paragraph (3), be the final retired grade of the + officer. + ``(2) Change from conditional retirement grade.--If the + resolution of an investigation or personnel action with respect to + an officer who has been retired in a conditional retirement grade + pursuant to subsection (d) results in a determination that the + conditional retirement grade in which the officer was retired + should be changed, the changed retirement grade shall be the final + retired grade of the officer under this section, except that if the + final retirement grade provided for an officer pursuant to this + paragraph is the grade of lieutenant general or general in the + Army, Air Force, or Marine Corps, vice admiral or admiral in the + Navy, or an equivalent grade in the Space Force, the requirements + in subsection (c) shall apply in connection with the retirement of + the officer in such final retirement grade. + ``(3) Recalculation of retired pay.-- + ``(A) In general.--If the final retired grade of an officer + is as a result of a change under paragraph (2), the retired pay + of the officer under chapter 71 of this title shall be + recalculated accordingly, with any modification of the retired + pay of the officer to go into effect as of the date of the + retirement of the officer. + ``(B) Payment of higher amount for period of conditional + retirement grade.--If the recalculation of the retired pay of + an officer results in an increase in retired pay, the officer + shall be paid the amount by which such increased retired pay + exceeded the amount of retired pay paid the officer for + retirement in the officer's conditional grade during the period + beginning on the date of the retirement of the officer in such + conditional grade and ending on the effective date of the + change of the officer's retired grade. For an officer whose + retired grade is determined pursuant to subsection (c), the + effective date of the change of the officer's retired grade for + purposes of this subparagraph shall be the date that is 60 days + after the date on which the Secretary of Defense submits to the + Committees on Armed Services of the Senate and the House of + Representatives the certification required by subsection (c) in + connection with the retired grade of the officer. + ``(C) Recoupment of overage during period of conditional + retirement grade.--If the recalculation of the retired pay of + an officer results in a decrease in retired pay, there shall be + recouped from the officer the amount by which the amount of + retired pay paid the officer for retirement in the officer's + conditional grade exceeded such decreased retired pay during + the period beginning on the date of the retirement of the + officer in such conditional grade and ending on the effective + date of the change of the officer's retired grade. + ``(f) Finality of Retired Grade Determinations.-- + ``(1) In general.--Except for a conditional determination + authorized by subsection (d), a determination of the retired grade + of an officer pursuant to this section is administratively final on + the day the officer is retired, and may not be reopened, except as + provided in paragraph (2). + ``(2) Reopening.--A final determination of the retired grade of + an officer may be reopened as follows: + ``(A) If the retirement or retired grade of the officer was + procured by fraud. + ``(B) If substantial evidence comes to light after the + retirement that could have led to determination of a different + retired grade under this section if known by competent + authority at the time of retirement. + ``(C) If a mistake of law or calculation was made in the + determination of the retired grade. + ``(D) If the applicable Secretary determines, pursuant to + regulations prescribed by the Secretary of Defense, that good + cause exists to reopen the determination of retired grade. + ``(3) Applicable secretary.--For purposes of this subsection, + the applicable Secretary for purposes of a determination or action + specified in this subsection is-- + ``(A) the Secretary of the military department concerned, + in the case of an officer retired in a grade at or below the + grade of major general in the Army, Air Force, or Marine Corps, + rear admiral in the Navy, or the equivalent grade in the Space + Force; or + ``(B) the Secretary of Defense, in the case of an officer + retired in a grade of lieutenant general or general in the + Army, Air Force, or Marine Corps, vice admiral or admiral in + the Navy, or an equivalent grade in the Space Force. + ``(4) Notice and limitation.--If a final determination of the + retired grade of an officer is reopened in accordance with + paragraph (2), the applicable Secretary-- + ``(A) shall notify the officer of the reopening; and + ``(B) may not make an adverse determination on the retired + grade of the officer until the officer has had a reasonable + opportunity to respond regarding the basis for the reopening of + the officer's retired grade. + ``(5) Additional notice on reopening for officers retired in o- + 9 and o-10 grades.--If the determination of the retired grade of an + officer whose retired grade was provided for pursuant to subsection + (c) is reopened, the Secretary of Defense shall also notify the + President and the Committees on Armed Services of the Senate and + the House of Representatives. + ``(6) Manner of making of change.--If the retired grade of an + officer is proposed to be changed through the reopening of the + final determination of an officer's retired grade under this + subsection, the change in grade shall be made-- + ``(A) in the case of an officer whose retired grade is to + be changed to a grade at or below the grade of major general in + the Army, Air Force or Marine Corps, rear admiral in the Navy, + or the equivalent grade in the Space Force, in accordance with + subsections (a) and (b)-- + ``(i) by the Secretary of Defense (who may delegate + such authority only as authorized by clause (ii)); or + ``(ii) if authorized by the Secretary of Defense, by + the Secretary of the military department concerned (who may + not further delegate such authority); + ``(B) in the case of an officer whose retired grade is to + be changed to the grade of lieutenant general or general in the + Army, Air Force, or Marine Corps, vice admiral or admiral in + the Navy, or an equivalent grade in the Space Force, by the + President, by and with the advice and consent of the Senate. + ``(7) Recalculation of retired pay.--If the final retired grade + of an officer is changed through the reopening of the officer's + retired grade under this subsection, the retired pay of the officer + under chapter 71 of this title shall be recalculated. Any + modification of the retired pay of the officer as a result of the + change shall go into effect on the effective date of the change of + the officer's retired grade, and the officer shall not be entitled + or subject to any changed amount of retired pay for any period + before such effective date. An officer whose retired grade is + changed as provided in paragraph (6)(B) shall not be entitled or + subject to a change in retired pay for any period before the date + on which the Senate provides advice and consent for the retirement + of the officer in such grade. + ``(g) Highest Permanent Grade Defined.--In this section, the term +`highest permanent grade' means a grade at or below the grade of major +general in the Army, Air Force, or Marine Corps, rear admiral in the +Navy, or an equivalent grade in the Space Force. +``Sec. 1370a. Officers entitled to retired pay for non-regular service + ``(a) Retirement in Highest Grade Held Satisfactorily.--Unless +entitled to a different grade, or to credit for satisfactory service in +a different grade under some other provision of law, a person who is +entitled to retired pay under chapter 1223 of this title shall, upon +application under section 12731 of this title, be credited with +satisfactory service in the highest permanent grade in which that +person served satisfactorily at any time in the armed forces, as +determined by the Secretary of the military department concerned in +accordance with this section. + ``(b) Service-in-grade Requirement for Officers in Grades Below O- +5.--In order to be credited with satisfactory service in an officer +grade (other than a warrant officer grade) below the grade of +lieutenant colonel or commander (in the case of the Navy), a person +covered by subsection (a) must have served satisfactorily in that grade +(as determined by the Secretary of the military department concerned) +as a reserve commissioned officer in an active status, or in a retired +status on active duty, for not less than six months. + ``(c) Service-in-grade Requirement for Offices in Grades Above O- +4.-- + ``(1) In general.--In order to be credited with satisfactory + service in an officer grade above major or lieutenant commander (in + the case of the Navy), a person covered by subsection (a) must have + served satisfactorily in that grade (as determined by the Secretary + of the military department concerned) as a reserve commissioned + officer in an active status, or in a retired status on active duty, + for not less than three years. + ``(2) Satisfaction of requirement by certain officers not + completing three years.--A person covered by paragraph (1) who has + completed at least six months of satisfactory service in grade may + be credited with satisfactory service in the grade in which serving + at the time of transfer or discharge, notwithstanding failure of + the person to complete three years of service in that grade, if the + person is transferred from an active status or discharged as a + reserve commissioned officer-- + ``(A) solely due to the requirements of a nondiscretionary + provision of law requiring that transfer or discharge due to + the person's age or years of service; or + ``(B) because the person no longer meets the qualifications + for membership in the Ready Reserve solely because of a + physical disability, as determined in accordance with chapter + 61 of this title, and at the time of such transfer or discharge + the person (pursuant to section 12731b of this title or + otherwise) meets the service requirements established by + section 12731(a) of this title for eligibility for retired pay + under chapter 1223 of this title, unless the disability is + described in section 12731b of this title. + ``(3) Reduction in service-in-grade requirements.-- + ``(A) Officers in grades below general and flag officer + grades.--In the case of a person to be retired in a grade below + brigadier general or rear admiral (lower half) in the Navy, the + Secretary of Defense may authorize the Secretary of a military + department to reduce, subject to subparagraph (B), the three- + year period of service-in-grade required by paragraph (1) to a + period not less than two years. The authority of the Secretary + of a military department under this subparagraph may not be + delegated. + ``(B) Limitation.--The number of reserve commissioned + officers of an armed force in the same grade for whom a + reduction is made under subparagraph (A) during any fiscal year + in the period of service-in-grade otherwise required by + paragraph (1) may not exceed the number equal to 2 percent of + the strength authorized for that fiscal year for reserve + commissioned officers of that armed force in an active status + in that grade. + ``(C) Officers in general and flag officers grades.--The + Secretary of Defense may reduce the three-year period of + service-in-grade required by paragraph (1) to a period not less + than two years for any person, including a person who, upon + transfer to the Retired Reserve or discharge, is to be credited + with satisfactory service in a general or flag officer grade + under that paragraph. The authority of the Secretary of Defense + under this subparagraph may not be delegated. + ``(D) Notice to congress on reduction in service-in-grade + requirements for general and flag officer grades.--In the case + of a person to be credited under this section with satisfactory + service in a grade that is a general or flag officer grade who + is eligible to be credited with such service in that grade only + by reason of an exercise of authority in subparagraph (C) to + reduce the three-year service-in-grade requirement otherwise + applicable under paragraph (1), the Secretary of Defense shall, + not later than 60 days prior to the date on which the person + will be credited with such satisfactory service in that grade, + notify the Committees on Armed Services of the Senate and the + House of Representatives of the exercise of authority in + subparagraph (C) with respect to that person. + ``(4) Officers serving in grades above o-6 involuntarily + transferred from active status.--A person covered by paragraph (1) + who has completed at least six months of satisfactory service in a + grade above colonel or (in the case of the Navy) captain and, while + serving in an active status in such grade, is involuntarily + transferred (other than for cause) from active status may be + credited with satisfactory service in the grade in which serving at + the time of such transfer, notwithstanding failure of the person to + complete three years of service in that grade. + ``(5) Adjutants and assistant adjutants general.--If a person + covered by paragraph (1) has completed at least six months of + satisfactory service in grade, the person was serving in that grade + while serving in a position of adjutant general required under + section 314 of title 32 or while serving in a position of assistant + adjutant general subordinate to such a position of adjutant + general, and the person has failed to complete three years of + service in that grade solely because the person's appointment to + such position has been terminated or vacated as described in + section 324(b) of such title, the person may be credited with + satisfactory service in that grade, notwithstanding the failure of + the person to complete three years of service in that grade. + ``(6) Officers recommended for promotion serving in certain + grade before promotion.--To the extent authorized by the Secretary + of the military department concerned, a person who, after having + been recommended for promotion in a report of a promotion board but + before being promoted to the recommended grade, served in a + position for which that grade is the minimum authorized grade may + be credited for purposes of paragraph (1) as having served in that + grade for the period for which the person served in that position + while in the next lower grade. The period credited may not include + any period before the date on which the Senate provides advice and + consent for the appointment of that person in the recommended + grade. + ``(7) Officers qualified for federal recognition serving in + certain grade before appointment.--To the extent authorized by the + Secretary of the military department concerned, a person who, after + having been found qualified for Federal recognition in a higher + grade by a board under section 307 of title 32, serves in a + position for which that grade is the minimum authorized grade and + is appointed as a reserve officer in that grade may be credited for + the purposes of paragraph (1) as having served in that grade. The + period of the service for which credit is afforded under the + preceding sentence may be only the period for which the person + served in the position after the Senate provides advice and consent + for the appointment. + ``(8) Retirement in next lowest grade for officers not meeting + service-in-grade requirements.--A person whose length of service in + the highest grade held does not meet the service-in-grade + requirements specified in this subsection shall be credited with + satisfactory service in the next lower grade in which that person + served satisfactorily (as determined by the Secretary of the + military department concerned) for not less than six months. + ``(d) Officers in O-9 and O-10 Grades.-- + ``(1) In general.--A person covered by this section in the + Army, Navy, Air Force, or Marine Corps who is serving or has served + in a position of importance and responsibility designated by the + President to carry the grade of lieutenant general or general in + the Army, Air Force, or Marine Corps, or vice admiral or admiral in + the Navy under section 601 of this title may be retired in such + grade under subsection (a) only after the Secretary of Defense + certifies in writing to the President and the Committees on Armed + Services of the Senate and the House of Representatives that the + officer served satisfactorily in such grade. + ``(2) Prohibition on delegation.--The authority of the + Secretary of Defense to make a certification with respect to an + officer under paragraph (1) may not be delegated. + ``(3) Requirements in connection with certification.--A + certification with respect to an officer under paragraph (1) + shall-- + ``(A) be submitted by the Secretary of Defense such that it + is received by the President and the Committees on Armed + Services of the Senate and the House of Representatives not + later than 60 days prior to the date on which the officer will + be retired in the grade concerned; + ``(B) include an up-to-date copy of the military biography + of the officer; and + ``(C) include the statement of the Secretary as to whether + or not potentially adverse, adverse, or reportable information + regarding the officer was considered by the Secretary in making + the certification. + ``(4) Construction with other notice.--In the case of an + officer under paragraph (1) who is eligible to be credited with + service in a grade only by reason of the exercise of the authority + in subsection (c)(3)(C) to reduce the three-year service-in-grade + requirement under subsection (c)(1), the requirement for + notification under subsection (c)(3)(D) is satisfied if the + notification is included in the certification submitted by the + Secretary of Defense under paragraph (1). + ``(e) Conditional Retirement Grade and Retirement for Officers +Under Investigation for Misconduct or Pending Adverse Personnel +Action.--The retirement grade, and retirement, of a person covered by +this section who is under investigation for alleged misconduct or +pending the disposition of an adverse personnel action at the time of +retirement is as provided for by section 1370(d) of this title. In the +application of such section 1370(d) for purposes of this subsection, +any reference `active duty' shall be deemed not to apply, and any +reference to a provision of section 1370 of this title shall be deemed +to be a reference to the analogous provision of this section. + ``(f) Final Retirement Grade Following Resolution of Pending +Investigation or Adverse Action.--The final retirement grade under this +section of a person described in subsection (e) following resolution of +the investigation or personnel action concerned is the final retirement +grade provided for by section 1370(e) of this title. In the application +of such section 1370(e) for purposes of this subsection, any reference +to a provision of section 1370 of this title shall be deemed to be a +reference to the analogous provision of this section. In the +application of paragraph (3) of such section 1370e(e) for purposes of +this subsection, the reference to `chapter 71' of this title shall be +deemed to be a reference to `chapter 1223 of this title'. + ``(g) Finality of Retired Grade Determinations.-- + ``(1) In general.--Except for a conditional determination + authorized by subsection (e), a determination of the retired grade + of a person pursuant to this section is administratively final on + the day the person is retired, and may not be reopened. + ``(2) Reopening.--A determination of the retired grade of a + person may be reopened in accordance with applicable provisions of + section 1370(f) of this title. In the application of such section + 1370(f) for purposes of this subsection, any reference to a + provision of section 1370 of this title shall be deemed to be a + reference to the analogous provision of this section. In the + application of paragraph (7) of such section 1370(f) for purposes + of this paragraph, the reference to `chapter 71 of this title' + shall be deemed to be a reference to `chapter 1223 of this title'. + ``(h) Highest Permanent Grade Defined.--In this section, the term +`highest permanent grade' means a grade at or below the grade of major +general in the Army, Air Force, or Marine Corps or rear admiral in the +Navy.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 69 of title 10, United States Code, is amended by + striking the item relating to section 1370 and inserting the + following new items: + +``1370. Regular commissioned officers. +``1370a. Officers entitled to retired pay for non-regular service.''. + + (b) Conforming and Technical Amendments to Retired Grade Rules for +the Armed Forces.-- + (1) Retired pay.--Title 10, United States Code, is amended as + follows: + (A) In section 1406(b)(2), by striking ``section 1370(d)'' + and inserting ``section 1370a''. + (B) In section 1407(f)(2)(B), by striking ``by reason of + denial of a determination or certification under section 1370'' + and inserting ``pursuant to section 1370 or 1370a''. + (2) Army.--Section 7341 of such title is amended-- + (A) by striking subsection (a) and inserting the following + new subsection (a): + ``(a)(1) The retired grade of a regular commissioned officer of the +Army who retires other than for physical disability is determined under +section 1370 of this title. + ``(2) The retired grade of a reserve commissioned officer of the +Army who retires other than for physical disability is determined under +section 1370a of this title.''; and + (B) in subsection (b)-- + (i) by striking ``he'' and inserting ``the member''; + and + (ii) by striking ``his'' and inserting ``the + member's''. + (3) Navy and marine corps.--Such title is further amended as + follows: + (A) In section 8262(a), by striking ``sections 689 and + 1370'' and inserting ``section 689, and section 1370 or 1370a + (as applicable),''. + (B) In section 8323(c), by striking ``section 1370 of this + title'' and inserting ``section 1370 or 1370a of this title, as + applicable''. + (4) Air force and space force.--Section 9341 of such title is + amended-- + (A) by striking subsection (a) and inserting the following + new subsection (a): + ``(a)(1) The retired grade of a regular commissioned officer of the +Air Force or the Space Force who retires other than for physical +disability is determined under section 1370 of this title. + ``(2) The retired grade of a reserve commissioned officer of the +Air Force or the Space Force who retires other than for physical +disability is determined under section 1370a of this title.''; and + (B) in subsection (b)-- + (i) by inserting ``or a Regular or Reserve of the Space + Force'' after ``Air Force''; + (ii) by striking ``he'' and inserting ``the member''; + and + (iii) by striking ``his'' and inserting ``the + member's''. + (5) Reserve officers.--Section 12771 of such title is amended-- + (A) in subsection (a), by striking ``section 1370(d)'' and + inserting ``section 1370a of this title''; and + (B) in subsection (b)(1), by striking ``section 1370(d)'' + and inserting ``section 1370a''. + (c) Other References.--In the determination of the retired grade of +a commissioned officer of the Armed Forces entitled to retired pay +under chapter 1223 of title 10, United States Code, who retires after +the date of the enactment of this Act, any reference in a provision of +law or regulation to section 1370 of title 10, United States Code, in +such determination with respect to such officer shall be deemed to be a +reference to section 1370a of title 10, United States Code (as amended +by subsection (a)). + SEC. 509. REPEAL OF AUTHORITY FOR ORIGINAL APPOINTMENT OF REGULAR + NAVY OFFICERS DESIGNATED FOR ENGINEERING DUTY, AERONAUTICAL + ENGINEERING DUTY, AND SPECIAL DUTY. + (a) Repeal.--Section 8137 of title 10, United States Code, is +repealed. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 815 of such title is amended by striking the item relating to +section 8137. +SEC. 509A. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS. + (a) Permanent Programs.--Section 509 of the National Defense +Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. +2109; 10 U.S.C. 503 note) is amended-- + (1) in the subsection heading of subsection (a), by striking + ``Pilot''; + (2) by striking ``pilot'' each place it appears; and + (3) by striking subsections (d) and (e). + (b) Heading Amendment.--The heading of such section is amended to +read as follows: + ``SEC. 509. PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.''. +SEC. 509B. REVIEW OF SEAMAN TO ADMIRAL-21 PROGRAM. + (a) Review.-- + (1) In general.--The Secretary of the Navy shall review the + policies and procedures for the Seaman to Admiral-21 program in + effect during fiscal years 2010 through 2014. + (2) Elements.--The elements of the review shall include the + following: + (A) A determination whether officer candidates selected for + the Seaman to Admiral-21 program after October 28, 2009, and + before 30 September 2014, were notified or otherwise informed + that they would not receive retirement credit for the months of + active service used in pursuit of a baccalaureate-level degree + under the program following completion of the program and upon + appointment to the grade of ensign in the Navy. + (B) An explanation of how and when the Navy implemented the + requirements of former section 6328(c) of title 10, United + States Code (currently section 8328(c) of that title) for + Seaman to Admiral-21 participants. + (C) The number of personnel who were selected for the + Seaman to Admiral-21 program, completed a baccalaureate-level + degree, and were appointed as an ensign in the Navy under the + program from fiscal years 2010 through 2014. + (D) A determination whether the personnel described in + subparagraph (C) should be eligible for retirement credit for + the months of active service spent in pursuit of a + baccalaureate-level degree. + (b) Report.--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 review under subsection (a). + (c) Deadline.--The Secretary of the Navy shall carry out this +section by not later than 180 days after the date of the enactment of +this Act. Subtitle B--Reserve Component Management -SEC. 511. GRANTS TO SUPPORT STEM EDUCATION IN THE JUNIOR RESERVE - OFFICERS' TRAINING CORPS. - + SEC. 511. TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE + DUTY IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS DURING WAR OR + NATIONAL EMERGENCY. + Section 688a of title 10, United States Code, is amended-- + (1) by redesignating subsection (g) as subsection (h); and + (2) by inserting after subsection (f) the following new + subsection (g): + ``(g) Exceptions During Periods of War or National Emergency.--The +limitations in subsections (c) and (f) shall not apply during a time of +war or of national emergency declared by Congress or the President.''. + SEC. 512. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS + PROGRAM. + Section 2031(a)(2) of title 10, United States Code, is amended by +inserting after ``service to the United States'' the following: +``(including an introduction to service opportunities in military, +national, and public service)''. + SEC. 513. GRANTS TO SUPPORT STEM EDUCATION IN THE JUNIOR RESERVE + OFFICERS' TRAINING CORPS. (a) Program Authority.-- - (1) In general.--Chapter 102 of title 10, United States - Code, is amended by adding at the end the following new - section: + (1) In general.--Chapter 102 of title 10, United States Code, + is amended by adding at the end the following new section: ``Sec. 2036. Grants to support science, technology, engineering, and - mathematics education + mathematics education ``(a) Authority.--The Secretary, in consultation with the Secretary of Education, may carry out a program to make grants to eligible entities to assist such entities in providing education in covered subjects to students in the Junior Reserve Officers' Training Corps. ``(b) Coordination.--In carrying out a program under subsection (a), the Secretary may coordinate with the following: - ``(1) The Secretaries of the military departments. - ``(2) The Secretary of Education. - ``(3) The Director of the National Science Foundation. - ``(4) The Administrator of the National Aeronautics and - Space Administration. - ``(5) The heads of such other Federal, State, and local - government entities the Secretary of Defense determines to be - appropriate. - ``(6) Private sector organizations as the Secretary of - Defense determines appropriate. + ``(1) The Director of the National Science Foundation. + ``(2) The Administrator of the National Aeronautics and Space + Administration. + ``(3) The heads of such other Federal, State, and local + government entities the Secretary of Defense determines to be + appropriate. ``(c) Activities.--Activities funded with grants under this section may include the following: - ``(1) Training and other support for instructors to teach - courses in covered subjects to students. - ``(2) The acquisition of materials, hardware, and software - necessary for the instruction of covered subjects. - ``(3) Activities that improve the quality of educational - materials, training opportunities, and curricula available to - students and instructors in covered subjects. - ``(4) Development of travel opportunities, demonstrations, - mentoring programs, and informal education in covered subjects - for students and instructors. - ``(5) Students' pursuit of certifications in covered - subjects. + ``(1) Training and other support for instructors to teach + courses in covered subjects to students. + ``(2) The acquisition of materials, hardware, and software + necessary for the instruction of covered subjects. + ``(3) Activities that improve the quality of educational + materials, training opportunities, and curricula available to + students and instructors in covered subjects. + ``(4) Development of travel opportunities, demonstrations, + mentoring programs, and informal education in covered subjects for + students and instructors. + ``(5) Students' pursuit of certifications in covered subjects. ``(d) Preference.--In making any grants under this section, the Secretary shall give preference to eligible entities that are eligible for assistance under part A of title I of the Elementary and Secondary @@ -10009,121 +11772,119 @@ the Secretary shall, to the extent practicable, make use of the authorities under chapter 111 and sections 2601 and 2605 of this title, and other authorities the Secretary determines appropriate. ``(g) Definitions.--In this section: - ``(1) The term `eligible entity' means a local education - agency that hosts a unit of the Junior Reserve Officers' - Training Corps. - ``(2) The term `covered subjects' means-- - ``(A) science; - ``(B) technology; - ``(C) engineering; - ``(D) mathematics; - ``(E) computer science; - ``(F) computational thinking; - ``(G) artificial intelligence; - ``(H) machine learning; - ``(I) data science; - ``(J) cybersecurity; - ``(K) robotics; - ``(L) health sciences; and - ``(M) other subjects determined by the Secretary of - Defense to be related to science, technology, - engineering, and mathematics.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 102 of such title is amended by adding at - the end the following new item: + ``(1) The term `eligible entity' means a local education agency + that hosts a unit of the Junior Reserve Officers' Training Corps. + ``(2) The term `covered subjects' means-- + ``(A) science; + ``(B) technology; + ``(C) engineering; + ``(D) mathematics; + ``(E) computer science; + ``(F) computational thinking; + ``(G) artificial intelligence; + ``(H) machine learning; + ``(I) data science; + ``(J) cybersecurity; + ``(K) robotics; + ``(L) health sciences; and + ``(M) other subjects determined by the Secretary of Defense + to be related to science, technology, engineering, and + mathematics.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 102 of such title is amended by adding at the end the + following new item: ``2036. Grants to support science, technology, engineering, and - mathematics education.''. - (b) Report.-- - (1) In general.--Not later than 2 years after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the congressional defense committees a report on any - activities carried out under section 2036 of title 10, United - States Code (as added by subsection (a)). - (2) Congressional defense committees defined.--In this - subsection, the term ``congressional defense committees'' has - the meaning given that term in section 101(a)(16) of title 10, - United States Code. - -SEC. 512. MODIFICATION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS - OF SELECTED RESERVE. + mathematics education.''. + (b) 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 House of Representatives +a report on any activities carried out under section 2036 of title 10, +United States Code (as added by subsection (a)). + SEC. 514. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR + THE RESERVE COMPONENTS. + Section 10219 of title 10, United States Code, is amended by +striking subsection (h). + SEC. 515. MODIFICATION OF EDUCATION LOAN REPAYMENT PROGRAM FOR + MEMBERS OF SELECTED RESERVE. (a) Modification of Maximum Repayment Amount.--Section 16301(b) of -title 10, United States Code, is amended by striking ``15 percent or -$500'' and inserting ``20 percent or $1,000''. +title 10, United States Code, is amended by striking ``$500'' and +inserting ``$1,000''. (b) Effective Date and Applicability.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to loan repayment under section 16301 of title 10, United States Code, for eligible years of service completed on or after the date of the enactment of this Act. - -SEC. 513. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE OFFICER FOR - CERTAIN FULL-TIME NATIONAL GUARD DUTY PERFORMED IN A - STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA. - - Section 502(f)(2)(A) of title 32, United States Code, is amended by -inserting ``and performed inside the United States with the consent of -the chief executive officer of the State (as that term is defined in -section 901 of this title)'' after ``Defense''. - -SEC. 514. CONSTRUCTIVE CREDIT FOR CERTAIN MEMBERS OF THE RESERVE - COMPONENTS WHO CANNOT COMPLETE MINIMUM ANNUAL TRAINING - REQUIREMENTS AS A RESULT OF THE COVID-19 PANDEMIC. - - (a) Authority.--Under regulations prescribed by the Secretary of -Defense, the Secretary, in computing retired pay pursuant to section -12733 of title 10, United States Code, may approve constructive credit, -in addition to points earned under section 12732(a)(2) of such title, -for a member of the reserve components of the Armed Forces who cannot -complete minimum annual training requirements due to cancellation or -other extenuating circumstance arising from the covered national -emergency. - (b) Reporting.-- - (1) Report required.--Not later than 1 year after the date - on which the covered national emergency ends, the Secretary of - Defense shall submit to the congressional defense committees a - report on the use of the authority under subsection (a). - (2) Elements.--The report under this subsection shall - include, with respect to each reserve component, the following: - (A) The number of individuals granted constructive - credit as a result of a training cancellation. - (B) The number of individuals granted constructive - credit as a result of another extenuating circumstance. - (C) Recommendations of the Secretary whether the - authority under subsection (a) should be made permanent - and under what circumstances such permanent authority - should apply. - (3) Publication.--Not later than 30 days after submitting - the report under paragraph (1), the Secretary shall-- - (A) publish the report on a publicly accessible - website of the Department of Defense; and - (B) ensure that any data in the report is made - available in a machine-readable format that is - downloadable, searchable, and sortable. - (c) Covered National Emergency Defined.--In this section, the term -``covered national emergency'' means the national emergency declared on -March 13, 2020, by the President under the National Emergencies Act (50 -U.S.C. 1601 et seq.) with respect to COVID-19. - -SEC. 515. GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL - GUARD. - - (a) New Guidance.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of Defense shall issue new -guidance that provides for the expedited review of requests for the use -of unmanned aircraft systems by the National Guard for covered -activities within the United States. - (b) Covered Activities Defined.--In this section, ``covered -activities'' means the following: - (1) Emergency operations. - (2) Search and rescue operations. - (3) Defense support to civil authorities. - (4) Support under section 502(f) of title 32, United States - Code. - -SEC. 516. DIRECT EMPLOYMENT PILOT PROGRAM FOR CERTAIN MEMBERS OF THE - RESERVE COMPONENTS. - + SEC. 516. INCLUSION OF DRILL OR TRAINING FOREGONE DUE TO EMERGENCY + TRAVEL OR DUTY RESTRICTIONS IN COMPUTATIONS OF ENTITLEMENT TO AND + AMOUNTS OF RETIRED PAY FOR NON-REGULAR SERVICE. + (a) Entitlement to Retired Pay.--Section 12732(a)(2) of title 10, +United States Code, is amended-- + (1) by inserting after subparagraph (E) the following new + subparagraph: + ``(F)(i) Subject to regulations prescribed by the Secretary + of Defense or the Secretary of Homeland Security with respect + to matters concerning the Coast Guard when it is not operating + as a service in the Department of the Navy, one point for each + day of active service or one point for each drill or period of + equivalent instruction that was prescribed by the Secretary + concerned to be performed during the covered emergency period, + if such person was prevented from performing such duty due to + travel or duty restrictions imposed by the President, the + Secretary of Defense, or the Secretary of Homeland Security + with respect to the Coast Guard. + ``(ii) A person may not be credited more than 35 points in + a one-year period under this subparagraph. + ``(iii) In this subparagraph, the term `covered emergency + period' means the period beginning on March 1, 2020, and ending + on the day that is 60 days after the date on which the travel + or duty restriction applicable to the person concerned is + lifted.''; and + (2) in the matter following subparagraph (F), as inserted by + paragraph (1), by striking ``and (E)'' and inserting ``(E), and + (F)''. + (b) Amount of Retired Pay.--Section 12733(3) of such title is +amended in the matter preceding subparagraph (A), by striking ``or +(D)'' and inserting ``(D), or (F)''. + (c) Reporting.-- + (1) Report required.--Not later than one year after the date on + which the covered emergency period, as defined in subparagraph (F) + of section 12732(a)(2) of such title, as added by subsection (a), + ends, the Secretary of Defense shall submit to the congressional + defense committees a report on the use of the authority under such + subparagraph. + (2) Elements.--The report under this subsection shall include, + with respect to each reserve component, the following: + (A) The number of individuals granted credit as a result of + a training cancellation. + (B) The number of individuals granted credit as a result of + another extenuating circumstance. + (3) Publication.--Not later than 30 days after submitting the + report under paragraph (1), the Secretary shall-- + (A) publish the report on a publicly accessible website of + the Department of Defense; and + (B) ensure that any data in the report is made available in + a machine-readable format that is downloadable, searchable, and + sortable. + SEC. 517. QUARANTINE LODGING FOR MEMBERS OF THE RESERVE COMPONENTS + WHO PERFORM CERTAIN SERVICE IN RESPONSE TO THE COVID-19 + EMERGENCY. + (a) In General.--The Secretary of Defense may provide, to a member +of the reserve components of the Armed Forces who performs a period of +covered service, housing for not fewer than 14 days immediately after +the end of such period of covered service. + (b) Definitions.--In this section: + (1) The term ``active service'' has the meaning given that term + in section 101 of title 10, United States Code. + (2) The term ``covered service'' means active service performed + in response to the covered national emergency. + (3) The term ``covered national emergency'' means the national + emergency declared on March 13, 2020, by the President under the + National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to + COVID-19. + SEC. 518. DIRECT EMPLOYMENT PILOT PROGRAM FOR CERTAIN MEMBERS OF + THE RESERVE COMPONENTS. (a) In General.--The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to @@ -10135,2098 +11896,786 @@ concerned designated by the Secretary for purposes of the pilot program. (c) Cost-Sharing Requirement.--As a condition on the provision of funds under this section to a State to support the operation of the -pilot program in that State, the State must agree to contribute an -amount, derived from non-Federal sources, equal to at least 50 percent -of the funds provided by the Secretary to the State under this section. +pilot program in that State, the State must agree to contribute funds, +derived from non-Federal sources, in an amount equal to at least 50 +percent of the funds necessary for the operation of the pilot program +in that State. (d) Development.--In developing any such pilot program, the Secretary shall-- - (1) incorporate elements of State direct employment - programs for members of the reserve components; and - (2) use resources provided to members of the Armed Forces - with civilian training opportunities through the SkillBridge - transition training program administered by the Department of - Defense. + (1) incorporate elements of State direct employment programs + for members of the reserve components; and + (2) use resources provided to members of the Armed Forces with + civilian training opportunities through the SkillBridge transition + training program administered by the Department of Defense. (e) Direct Employment Program Model.--Any such pilot program shall use a job placement program model that focuses on working one-on-one with eligible members to cost-effectively provide job placement services, including-- - (1) identifying unemployed and underemployed individuals; - (2) job matching services; - (3) resume editing; - (4) interview preparation; and - (5) post-employment follow up. + (1) identifying unemployed and underemployed individuals; + (2) job matching services; + (3) resume editing; + (4) interview preparation; and + (5) post-employment follow up. (f) Evaluation.--The Secretary shall develop outcome metrics to evaluate the success of any such pilot program. (g) Reporting.-- - (1) Report required.--If the Secretary carries out the - pilot Program, the Secretary of Defense shall submit to the - congressional defense committees a report describing the - results of the pilot program not later than March 1, 2022. The - Secretary shall prepare the report in coordination with the - Chief of the National Guard Bureau. - (2) Elements.--A report under paragraph (1) shall include - the following: - (A) A description and assessment of the - effectiveness and achievements of the pilot program, - including the number of members of the reserve - components of the Armed Forces hired and the cost-per- - placement of participating members. - (B) An assessment of the effects of the pilot - program and increased reserve component employment on - the readiness of members of the reserve components and - on the retention of members. - (C) A comparison of the pilot program to other - programs conducted by the Department of Defense to - provide unemployment or underemployment support to - members of the reserve components of the Armed Forces, - including the best practices developed through and used - in such programs. - (D) Any other matters the Secretary of Defense - determines appropriate. + (1) Report required.--If the Secretary carries out the pilot + Program, the Secretary of Defense shall submit to the congressional + defense committees a report describing the results of the pilot + program not later than March 1, 2022. The Secretary shall prepare + the report in coordination with the Chief of the National Guard + Bureau. + (2) Elements.--A report under paragraph (1) shall include the + following: + (A) A description and assessment of the effectiveness and + achievements of the pilot program, including the number of + members of the reserve components of the Armed Forces hired and + the cost-per-placement of participating members. + (B) An assessment of the effects of the pilot program and + increased reserve component employment on the readiness of + members of the reserve components and on the retention of + members. + (C) A comparison of the pilot program to other programs + conducted by the Department of Defense to provide unemployment + or underemployment support to members of the reserve components + of the Armed Forces, including the best practices developed + through and used in such programs. + (D) Any other matters the Secretary of Defense determines + appropriate. (h) Duration; Extension.-- - (1) Subject to paragraph (2), the authority to carry out - the pilot program expires on September 30, 2024. - (2) The Secretary may elect to extend the pilot program for - not more than two additional fiscal years. - -SEC. 517. TEMPORARY LIMITATION ON AUTHORITY TO TRANSFER, RELOCATE, OR - DISSOLVE ELEMENTS OF THE RESERVE COMPONENTS OF THE AIR - FORCE. - - (a) Limitation.--The Secretary of the Air Force may not transfer or -relocate any personnel or asset, or dissolve any unit, of the Air -National Guard or Air Force Reserve until the latter of the following -occurs: - (1) The day that is 180 days after the date on which the - Secretary of the Air Force submits the report under subsection - (b). - (2) The Chief of Space Operations certifies in writing to - the Secretary of the Air Force that plans of the Secretary to - establish the reserve components of the Space Force shall not - diminish space capability of the Department of the Air Force. - (b) Report Required.--Not later than January 31, 2021, the -Secretary of the Air Force shall submit to the Committees on Armed -Services of the Senate and House of Representatives a report regarding -the plan of the Secretary to establish the reserve components of the -Space Force. The report shall identify the following: - (1) The assumptions and factors used to develop the plan. - (2) The members of the team that issued recommendations - regarding the organization of such reserve components. - (3) The recommendations of the Secretary regarding the - mission, organization, and unit retention of such reserve - components. - (4) The final organizational and integration - recommendations regarding such reserve components. - (5) The proposed staffing and operational organization for - such reserve components. - (6) The estimated date of implementation of the plan. - (7) Any savings or costs arising from the preservation of - existing space-related force structures in the Air National - Guard. - -SEC. 518. PILOT PROGRAMS IN CONNECTION WITH SROTC UNITS AND CSPI - PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES - AND MINORITY INSTITUTIONS. - + (1) Subject to paragraph (2), the authority to carry out the + pilot program expires on September 30, 2024. + (2) The Secretary may elect to extend the pilot program for not + more than two additional fiscal years. + SEC. 519. PILOT PROGRAMS AUTHORIZED IN CONNECTION WITH SROTC UNITS + AND CSPI PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES + AND MINORITY INSTITUTIONS. (a) Pilot Programs Required.--The Secretary of Defense may carry out two pilot programs as follows: - (1) A pilot program, with elements as provided for in - subsection (c), at covered institutions in order to assess the - feasibility and advisability of mechanisms to reduce barriers - to participation in the Senior Reserve Officers' Training Corps - at such institutions by creating partnerships between satellite - or extension Senior Reserve Officers' Training Corps units at - such institutions and military installations. - (2) In consultation with the Secretary of Homeland - Security, a pilot program, with elements as provided for in - subsection (d), in order to assess the feasibility and - advisability of the provision of financial assistance to - members of the Senior Reserve Officers' Training Corps, and - members of the Coast Guard College Student Pre-Commissioning - Initiative, at covered institutions for participation in flight - training. + (1) A pilot program, with elements as provided for in + subsection (c), at covered institutions in order to assess the + feasibility and advisability of mechanisms to reduce barriers to + participation in the Senior Reserve Officers' Training Corps at + such institutions by creating partnerships between satellite or + extension Senior Reserve Officers' Training Corps units at such + institutions and covered military installations. + (2) In consultation with the Secretary of Homeland Security, a + pilot program, with elements as provided for in subsection (d), in + order to assess the feasibility and advisability of the provision + of financial assistance to members of the Senior Reserve Officers' + Training Corps, and members of the Coast Guard College Student Pre- + Commissioning Initiative, at covered institutions for participation + in flight training. (b) Duration.--The duration of each pilot program under subsection (a) may not exceed 5 years. (c) Pilot Program on Partnerships Between Satellite or Extension -SROTC Units and Military Installations.-- - (1) Participating institutions.--The Secretary of Defense - shall carry out the pilot program required by subsection (a)(1) - at not fewer than five covered institutions selected by the - Secretary for purposes of the pilot program. - (2) Requirements for selection.--Each covered institution - selected by the Secretary for purposes of the pilot program - under subsection (a)(1) shall-- - (A) currently maintain a satellite or extension - Senior Reserve Officers' Training Corps unit under - chapter 103 of title 10, United States Code, that is - located more than 20 miles from the host unit of such - unit; or - (B) establish and maintain a satellite or extension - Senior Reserve Officers' Training Corps unit that meets - the requirements in subparagraph (A). - (3) Preference in selection of institutions.--In selecting - covered institutions under this subsection for participation in - the pilot program under subsection (a)(1), the Secretary shall - give preference to covered institutions that are located within - 20 miles of a military installation of the same Armed Force as - the host unit of the Senior Reserve Officers' Training Corps of - the covered institution concerned. - (4) Partnership activities.--The activities conducted under - the pilot program under subsection (a)(1) between a satellite - or extension Senior Reserve Officers' Training Corps unit and - the military installation concerned shall include such - activities designed to reduce barriers to participation in the - Senior Reserve Officers' Training Corps at the covered - institution concerned as the Secretary considers appropriate, - including measures to mitigate travel time and expenses in - connection with receipt of Senior Reserve Officers' Training - Corps instruction. +SROTC Units and Covered Military Installations.-- + (1) Participating institutions.--The Secretary of Defense shall + carry out the pilot program required by subsection (a)(1) at not + fewer than five covered institutions selected by the Secretary for + purposes of the pilot program. + (2) Requirements for selection.--Each covered institution + selected by the Secretary for purposes of the pilot program under + subsection (a)(1) shall-- + (A) currently maintain a satellite or extension Senior + Reserve Officers' Training Corps unit under chapter 103 of + title 10, United States Code, that is located more than 20 + miles from the host unit of such unit; or + (B) establish and maintain a satellite or extension Senior + Reserve Officers' Training Corps unit that meets the + requirements in subparagraph (A). + (3) Preference in selection of institutions.--In selecting + covered institutions under this subsection for participation in the + pilot program under subsection (a)(1), the Secretary shall give + preference to covered institutions that are located within 20 miles + of a covered military installation of the same Armed Force as the + host unit of the Senior Reserve Officers' Training Corps of the + covered institution concerned. + (4) Partnership activities.--The activities conducted under the + pilot program under subsection (a)(1) between a satellite or + extension Senior Reserve Officers' Training Corps unit and the + covered military installation concerned shall include such + activities designed to reduce barriers to participation in the + Senior Reserve Officers' Training Corps at the covered institution + concerned as the Secretary considers appropriate, including + measures to mitigate travel time and expenses in connection with + receipt of Senior Reserve Officers' Training Corps instruction. (d) Pilot Program on Financial Assistance for SROTC and CSPI Members for Flight Training.-- - (1) Eligibility for participation by srotc and cspi - members.--A member of a Senior Reserve Officers' Training Corps - unit, or a member of a Coast Guard College Student Pre- - Commissioning Initiative program, at a covered institution may - participate in the pilot program under subsection (a)(2) if the - member meets such academic requirements at the covered - institution, and such other requirements, as the Secretary - shall establish for purposes of the pilot program. - (2) Preference in selection of participants.--In selecting - members under this subsection for participation in the pilot - program under subsection (a)(2), the Secretary shall give a - preference to members who will pursue flight training under the - pilot program at a covered institution. - (3) Financial assistance for flight training.-- - (A) In general.--The Secretary may provide any - member of a Senior Reserve Officers' Training Corps - unit or a College Student Pre-Commissioning Initiative - program who participates in the pilot program under - subsection (a)(2) financial assistance to defray, - whether in whole or in part, the charges and fees - imposed on the member for flight training. - (B) Flight training.--Financial assistance may be - used under subparagraph (A) for a course of flight - training only if the course meets Federal Aviation - Administration standards and is approved by the Federal - Aviation Administration and the applicable State - approving agency. - (C) Use.--Financial assistance received by a member - under subparagraph (A) may be used only to defray the - charges and fees imposed on the member as described in - that subparagraph. - (D) Cessation of eligibility.--Financial assistance - may not be provided to a member under subparagraph (A) - as follows: - (i) If the member ceases to meet the - academic and other requirements established - pursuant to paragraph (1). - (ii) If the member ceases to be a member of - the Senior Reserve Officers' Training Corps or - the College Student Pre-Commissioning - Initiative, as applicable. + (1) Eligibility for participation by srotc and cspi members.--A + member of a Senior Reserve Officers' Training Corps unit, or a + member of a Coast Guard College Student Pre-Commissioning + Initiative program, at a covered institution may participate in the + pilot program under subsection (a)(2) if the member meets such + academic requirements at the covered institution, and such other + requirements, as the Secretary concerned shall establish for + purposes of the pilot program. + (2) Preference in selection of participants.--In selecting + members under this subsection for participation in the pilot + program under subsection (a)(2), the Secretary concerned shall give + a preference to members who will pursue flight training under the + pilot program at a covered institution. + (3) Financial assistance for flight training.-- + (A) In general.--The Secretary concerned may provide any + member of a Senior Reserve Officers' Training Corps unit or a + College Student Pre-Commissioning Initiative program who + participates in the pilot program under subsection (a)(2) + financial assistance to defray, whether in whole or in part, + the charges and fees imposed on the member for flight training. + (B) Flight training.--Financial assistance may be used + under subparagraph (A) for a course of flight training only if + the course meets Federal Aviation Administration standards and + is approved by the Federal Aviation Administration and the + applicable State approving agency. + (C) Use.--Financial assistance received by a member under + subparagraph (A) may be used only to defray the charges and + fees imposed on the member as described in that subparagraph. + (D) Cessation of eligibility.--Financial assistance may not + be provided to a member under subparagraph (A) as follows: + (i) If the member ceases to meet the academic and other + requirements established pursuant to paragraph (1). + (ii) If the member ceases to be a member of the Senior + Reserve Officers' Training Corps or the College Student + Pre-Commissioning Initiative, as applicable. (e) Evaluation Metrics.--The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot programs under subsection (a). (f) Reports.-- - (1) Initial report.--Not later than 180 days after the - commencement of the pilot programs under subsection (a), the - Secretary of Defense shall submit to the Committees on Armed - Services of the Senate and the House of Representatives a - report on the pilot programs. The report shall include the - following: - (A) A description of each pilot program, including - in the case of the pilot program under subsection - (a)(2) the requirements established pursuant to - subsection (d)(1). - (B) The evaluation metrics established under - subsection (e). - (C) Such other matters relating to the pilot - programs as the Secretary considers appropriate. - (2) Annual report.--Not later than 90 days after the end of - each fiscal year in which the Secretary carries out the pilot - programs, the Secretary shall submit to the Committees on Armed - Services of the Senate and the House of Representatives a - report on the pilot programs during such fiscal year. Each - report shall include, for the fiscal year covered by such - report, the following: - (A) In the case of the pilot program required by - subsection (a)(1), a description of the partnerships - between satellite or extension Senior Reserve Officers' - Training Corps units and military installations under - the pilot program. - (B) In the case of the pilot program required by - subsection (a)(2), the following: - (i) The number of members of Senior Reserve - Officers' Training Corps units, and the number - of members of Coast Guard College Student Pre- - Commissioning Initiative programs, at covered - institutions selected for purposes of the pilot - program, including the number of such members - participating in the pilot program. - (ii) The number of recipients of financial - assistance provided under the pilot program, - including the number who-- - (I) completed a ground school - course of instruction in connection - with obtaining a private pilot's - certificate; - (II) completed flight training, and - the type of training, certificate, or - both received; - (III) were selected for a pilot - training slot in the Armed Forces; - (IV) initiated pilot training in - the Armed Forces; or - (V) successfully completed pilot - training in the Armed Forces. - (iii) The amount of financial assistance - provided under the pilot program, broken out by - covered institution, course of study, and such - other measures as the Secretary considers - appropriate. - (C) Data collected in accordance with the - evaluation metrics established under subsection (e). - (3) Final report.--Not later than 180 days prior to the - completion of the pilot programs, the Secretary shall submit to - the Committees on Armed Services of the Senate and the House of - Representatives a report on the pilot programs. The report - shall include the following: - (A) A description of the pilot programs. - (B) An assessment of the effectiveness of each - pilot program. - (C) A description of the cost of each pilot - program, and an estimate of the cost of making each - pilot program permanent. - (D) An estimate of the cost of expanding each pilot - program throughout all eligible Senior Reserve - Officers' Training Corps units and College Student Pre- - Commissioning Initiative programs. - (E) Such recommendations for legislative or - administrative action as the Secretary considers - appropriate in light of the pilot programs, including - recommendations for extending or making permanent the - authority for each pilot program. + (1) Initial report.--Not later than 180 days after the + commencement of the pilot programs under subsection (a), the + Secretary of Defense shall submit to the Committees on Armed + Services of the Senate and the House of Representatives a report on + the pilot programs. The report shall include the following: + (A) A description of each pilot program, including in the + case of the pilot program under subsection (a)(2) the + requirements established pursuant to subsection (d)(1). + (B) The evaluation metrics established under subsection + (e). + (C) Such other matters relating to the pilot programs as + the Secretary considers appropriate. + (2) Annual report.--Not later than 90 days after the end of + each fiscal year in which the Secretary carries out the pilot + programs, the Secretary shall submit to the Committees on Armed + Services of the Senate and the House of Representatives a report on + the pilot programs during such fiscal year. Each report shall + include, for the fiscal year covered by such report, the following: + (A) In the case of the pilot program required by subsection + (a)(1), a description of the partnerships between satellite or + extension Senior Reserve Officers' Training Corps units and + covered military installations under the pilot program. + (B) In the case of the pilot program required by subsection + (a)(2), the following: + (i) The number of members of Senior Reserve Officers' + Training Corps units, and the number of members of Coast + Guard College Student Pre-Commissioning Initiative + programs, at covered institutions selected for purposes of + the pilot program, including the number of such members + participating in the pilot program. + (ii) The number of recipients of financial assistance + provided under the pilot program, including the number + who-- + + (I) completed a ground school course of instruction + in connection with obtaining a private pilot's + certificate; + (II) completed flight training, and the type of + training, certificate, or both received; + (III) were selected for a pilot training slot in + the Armed Forces; + (IV) initiated pilot training in the Armed Forces; + or + (V) successfully completed pilot training in the + Armed Forces. + + (iii) The amount of financial assistance provided under + the pilot program, broken out by covered institution, + course of study, and such other measures as the Secretary + considers appropriate. + (C) Data collected in accordance with the evaluation + metrics established under subsection (e). + (3) Final report.--Not later than 180 days prior to the + completion of the pilot programs, the Secretary shall submit to the + Committees on Armed Services of the Senate and the House of + Representatives a report on the pilot programs. The report shall + include the following: + (A) A description of the pilot programs. + (B) An assessment of the effectiveness of each pilot + program. + (C) A description of the cost of each pilot program, and an + estimate of the cost of making each pilot program permanent. + (D) An estimate of the cost of expanding each pilot program + throughout all eligible Senior Reserve Officers' Training Corps + units and College Student Pre-Commissioning Initiative + programs. + (E) Such recommendations for legislative or administrative + action as the Secretary considers appropriate in light of the + pilot programs, including recommendations for extending or + making permanent the authority for each pilot program. (g) Definitions.--In this section: - (1) The term ``covered institution'' has the meaning given - that term in section 262(g)(2) of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116-92). - (2) The term ``flight training'' means a course of - instruction toward obtaining any of the following: - (A) A private pilot's certificate. - (B) A commercial pilot certificate. - (C) A certified flight instructor certificate. - (D) A multi-crew pilot's license. - (E) A flight instrument rating. - (F) Any other certificate, rating, or pilot - privilege the Secretary considers appropriate for - purposes of this section. - (3) The term ``military installation'' means an - installation of the Department of Defense for the regular - components of the Armed Forces. - -SEC. 519. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY IN RESPONSE TO - THE COVID-19 PANDEMIC. - + (1) The term ``covered institution'' has the meaning given that + term in section 262(g)(2) of the National Defense Authorization Act + for Fiscal Year 2020 (Public Law 116-92). + (2) The term ``covered military installation'' means an + installation of the Department of Defense for the regular + components of the Armed Forces. + (3) The term ``flight training'' means a course of instruction + toward obtaining any of the following: + (A) A private pilot's certificate. + (B) A commercial pilot certificate. + (C) A certified flight instructor certificate. + (D) A multi-crew pilot's license. + (E) A flight instrument rating. + (F) Any other certificate, rating, or pilot privilege the + Secretary considers appropriate for purposes of this section. +SEC. 519A. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY IN RESPONSE +TO THE COVID-19 PANDEMIC. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the -congressional defense committees a report regarding how the Secretary +congressional defense committees a report regarding how it is determined whether to authorize full-time National Guard duty in response to the covered national emergency. (b) Elements.--The report under this section shall include the following: - (1) The number of requests described in subsection (a). - (2) The number of such requests approved and the number of - requests denied. - (3) For each such request-- - (A) the time elapsed from receipt of request to - disposition of request; and - (B) whether costs (including pay and benefits for - members of the National Guard) were a factor in - determining whether to grant or deny the request. - (4) For each such request approved, the time elapsed from - approval to when the first such member of the National Guard - was placed on full-time National Guard duty in response to such - request. - (5) For each such request denied, the reason for denial and - how such denial was explained to the requestor. - (6) A description of how the process of review for such - requests differed from previous requests for full-time National - Guard duty under section 502(f) of title 32, United States - Code. - (7) Recommendations of the Secretary to improve the review - of such requests in order to better respond to such requests. + (1) The number of requests described in subsection (a). + (2) The number of such requests approved and the number of + requests denied. + (3) For each such request-- + (A) the time elapsed from receipt of request to disposition + of request; and + (B) whether costs (including pay and benefits for members + of the National Guard) were a factor in determining whether to + grant or deny the request. + (4) For each such request approved, an estimate of the time + between approval and the time when the first such member of the + National Guard was placed on full-time National Guard duty in + response to such request. + (5) For each such request denied, the reason for denial and how + such denial was explained to the requestor. + (6) A description of how the process of review for such + requests differed from previous requests for a determination + whether to authorize full-time National Guard duty under section + 502(f) of title 32, United States Code. + (7) Recommendations of the Secretary to improve the review of + such requests in order to better respond to such requests. (c) Definitions.--In this section: - (1) The term ``covered national emergency'' means the - national emergency declared on March 13, 2020, by the President - under the National Emergencies Act (50 U.S.C. 1601 et seq.) - with respect to COVID-19. - (2) The term ``full-time National Guard duty'' has the - meaning given that term in section 101 of title 10, United - States Code. - -SEC. 520. STUDY AND REPORT ON ROTC RECRUITMENT. - + (1) The term ``covered national emergency'' means the national + emergency declared on March 13, 2020, by the President under the + National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to + COVID-19. + (2) The term ``full-time National Guard duty'' has the meaning + given that term in section 101 of title 10, United States Code. +SEC. 519B. STUDY AND REPORT ON NATIONAL GUARD SUPPORT TO STATES +RESPONDING TO MAJOR DISASTERS. + (a) Study Required.--The Secretary of Defense shall conduct a study +on the process by which the National Guard provides support to other +Federal agencies and to States during major disasters. The report shall +include the following: + (1) With regards to authorization of full-time National Guard + duty under section 502(f) of title 32, United States Code-- + (A) a review of the process of such authorization, + including authorization approval, funding approval, and mission + assignment; + (B) a review of data regarding the frequency and speed of + such authorizations during fiscal years 2015 through 2020; and + (C) measures of performance or effectiveness. + (2) The effectiveness of the funding transfer process between + the Federal Emergency Management Agency and the Department of + Defense. + (3) The development and promulgation of training and education + materials for the National Guard and other components of the + Department of Defense. + (4) An analysis of lessons learned from the response to COVID- + 19, including-- + (A) policy gaps identified by the Secretary; and + (B) any recommendations of the Secretary to improve such + process. + (b) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report that includes the findings of the study +conducted under subsection (a). +SEC. 519C. REPORT ON GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY +THE NATIONAL GUARD. + (a) Review.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall-- + (1) review current guidance on the use of unmanned aircraft + systems by the National Guard for covered activities within the + United States; and + (2) submit to the congressional defense committees a report + containing recommendations of the Secretary regarding how to + expedite the review of requests for use of unmanned aircraft + systems described in paragraph (1). + (b) Covered Activities Defined.--In this section, the term +``covered activities'' means-- + (1) emergency operations; + (2) search and rescue operations; + (3) defense support to civil authorities; and + (4) support under section 502(f) of title 32, United States + Code. +SEC. 519D. STUDY AND REPORT ON ROTC RECRUITMENT. (a) Study.--The Secretary of Defense shall conduct a study that assesses-- - (1) the efforts of the Department of Defense to recruit - individuals to serve in the Junior Reserve Officers' Training - Corps and the Senior Reserve Officers' Training Corps over the - period of 10 years preceding the date of the study; - (2) whether members of the Armed Forces who served in the - Junior Reserve Officers' Training Corps are more or less likely - than members who served in the Senior Reserve Officers' - Training Corps to achieve or receive recommendations for higher - ranks; - (3) whether there is a correlation between race or - ethnicity and the rank ultimately achieved by such members; and - (4) the feasibility of establishing a program to create a - pathway for minorities into higher ranks within the military. + (1) whether members of the Armed Forces who served in the + Junior Reserve Officers' Training Corps are more or less likely + than members who served in the Senior Reserve Officers' Training + Corps to achieve or receive recommendations for higher ranks; + (2) whether there is a correlation between race or ethnicity + and the rank ultimately achieved by such members; + (3) whether individuals who serve in the Junior Reserve + Officers' Training Corps are likelier to join the Armed Forces than + other individuals; and + (4) the feasibility of establishing a program to create a + pathway for minorities into higher ranks in the Armed Forces. (b) Report.--Not later than December 31, 2022, the Secretary of -Defense shall submit to the congressional defense committee a report on -the results of the study conducted under subsection (a). - -SEC. 520A. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF THE - NATIONAL GUARD SERVING UNDER ORDERS IN RESPONSE TO THE - CORONAVIRUS (COVID-19). - - (a) In General.--The Secretary of Defense shall provide to a member -of the National Guard separating from active service after serving on -full-time National Guard duty pursuant to section 502(f) of title 32, -United States Code, the health benefits authorized under section 1145 -of title 10, United States Code, for a member of a reserve component -separating from active duty, as referred to in subsection (a)(2)(B) of -such section 1145, if the active service from which the member of the -National Guard is separating was in support of the whole of government -response to the coronavirus (COVID-19). - (b) Definitions.--In this section, the terms ``active duty'', -``active service'', and ``full-time National Guard duty'' have the -meanings given those terms in section 101(d) of title 10, United States -Code. - -SEC. 520B. QUARANTINE HOUSING FOR MEMBERS OF THE NATIONAL GUARD WHO - PERFORM CERTAIN DUTY IN RESPONSE TO THE COVID-19 - EMERGENCY. - - (a) In General.--The Secretary of Defense shall provide, to a -member of the National Guard who performs a period of covered duty, -housing for not fewer than 14 days immediately after the end of such -period of covered duty. - (b) Definitions.--In this section: - (1) The term ``covered duty'' means full-time National - Guard duty performed in response to the covered national - emergency. - (2) The term ``covered national emergency'' means the - national emergency declared on March 13, 2020, by the President - under the National Emergencies Act (50 U.S.C. 1601 et seq.) - with respect to COVID-19. - (3) The term ``full-time National Guard duty'' has the - meaning given that term in section 101 of title 10, United - States Code. - -SEC. 520C. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS. - - (a) In General.--Section 502(f) of title 32, United States Code, is -amended-- - (1) in paragraph (2), by adding at the end the following: - ``(C) Operations or missions authorized by the President or - the Secretary of Defense to support large scale, complex, - catastrophic disasters, as defined by section 311(3) of title - 6, United States Code, at the request of a State governor.''; - and - (2) by adding at the end the following: - ``(4) With respect to operations or missions described - under paragraph (2)(C), there is authorized to be appropriated - to the Secretary of Defense such sums as may be necessary to - carry out such operations and missions, but only if-- - ``(A) an emergency has been declared by the - governor of the applicable State; and - ``(B) the President has declared the emergency to - be a major disaster for the purposes of the Robert T. - Stafford Disaster Relief and Emergency Assistance - Act.''. - (b) Report on Methods To Enhance Domestic Response to Large Scale, -Complex and Catastrophic Disasters.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense, in - consultation and coordination with the Federal Emergency - Management Agency, the National Security Council, the Council - of Governors, and the National Governors Association, shall - submit to the congressional defense, the Committees on - Transportation and Infrastructure and Homeland Security of the - House of Representatives, and the Committee on Homeland - Security and Governmental Affairs of the Senate a report on - their plan to establish policy and processes to implement the - authority provided by the amendments made by section 520. The - report shall include a detailed examination of the policy - framework consistent with existing authorities, identify major - statutory or policy impediments to implementation, and make - recommendations for legislation as appropriate. - (2) Contents.--The report submitted under paragraph (1) - shall include a description of-- - (A) the current policy and processes whereby - governors can request activation of the National Guard - under title 32, United States Code, as part of the - response to large scale, complex, catastrophic - disasters that are supported by the Federal Government - and, if no formal process exists in policy, the - Secretary of Defense shall provide a timeline and plan - to establish such a policy, including consultation with - the Council of Governors and the National Governors - Association; - (B) the Secretary of Defense's assessment, informed - by consultation with the Federal Emergency Management - Agency, the National Security Council, the Council of - Governors, and the National Governors Association, - regarding the sufficiency of current authorities for - the reimbursement of National Guard and Reserve - manpower during large scale, complex, catastrophic - disasters under title 10 and title 32, United States - Code, and specifically whether reimbursement - authorities are sufficient to ensure that military - training and readiness are not degraded to fund - disaster response, or invoking them degrades the - effectiveness of the Disaster Relief Fund; - (C) the Department of Defense's plan to ensure - there is parallel and consistent policy in the - application of the authorities granted under section - 12304a of title 10, United States Code, and section - 502(f) of title 32, United States Code, including-- - (i) a description of the disparities - between benefits and protections under Federal - law versus State active duty; - (ii) recommended solutions to achieve - parity at the Federal level; and - (iii) recommended changes at the State - level, if appropriate; - (D) the Department of Defense's plan to ensure - there is parity of benefits and protections for - military members employed as part of the response to - large scale, complex, catastrophic disasters under - title 32 or title 10, United States Code, and - recommendations for addressing shortfalls; and - (E) a review, by the Federal Emergency Management - Agency, of the current policy for, and an assessment of - the sufficiency of, reimbursement authority for the use - of all National Guard and Reserve, both to the - Department of Defense and to the States, during large - scale, complex, catastrophic disasters, including any - policy and legal limitations, and cost assessment - impact on Federal funding. - -SEC. 520D. AUTHORITY TO REINSTATE AND TRANSFER OFFICERS IN MEDICAL - SPECIALTIES IN THE RESERVE COMPONENTS OF THE ARMED FORCES - PREVIOUSLY RETIRED HONORABLY OR UNDER HONORABLE - CONDITIONS. - - (a) In General.--Section 14703(b) of title 10, United States Code, -is amended-- - (1) in paragraph (1), by striking ``paragraph (2)'' and - inserting ``paragraphs (2) and (3)''; and - (2) by adding at the end the following new paragraph: - ``(3) In the case of an officer in a medical specialty described in -subsection (a) who was previously retired honorably or under honorable -conditions beyond the date described in paragraph (1)-- - ``(A) if the Secretary concerned determines it necessary, - the Secretary concerned may, with the consent of the officer, - reinstate the officer to an active status for such period as - the Secretary concerned determines appropriate; or - ``(B) the officer may be transferred under section 716 of - this title to another armed force and reinstated to an active - status for such period as the Secretary concerned determines - appropriate.''. - (b) Clerical Amendments.-- - (1) Section heading.--The heading for section 14703 of - title 10, United States Code, is amended to read as follows: -``Sec. 14703. Retention of chaplains and officers in medical - specialties until specified age; retention, - reinstatement, and transfer of officers in medical - specialties beyond specified age''. - (2) Table of sections.--The table of sections at the - beginning of chapter 1409 of such title is amended by striking - the item relating to section 14703 and inserting the following - new item: - -``14703. Retention of chaplains and officers in medical specialties - until specified age; retention, - reinstatement, and transfer of officers in - medical specialties beyond specified - age.''. - -SEC. 520E. REPORT REGARDING NATIONAL GUARD YOUTH CHALLENGE PROGRAM. - - Not later than December 31, 2021, the Secretary of Defense shall -submit a report to the congressional defense committees regarding the -resources and authorities the Secretary determines necessary to -identify the effects of the National Guard Youth Challenge Program on -graduates of that program during the 5 years immediately preceding the -date of the report. Such resources shall include the costs of -identifying such effects beyond the 12-month, post-residential -mentoring period of that program. - -SEC. 520F. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR THE - RESERVE COMPONENTS. - - Section 10219 of title 10, United States Code, is amended by -striking subsection (h). +Defense shall submit to the Committees on Armed Services of the Senate +and House of Representatives a report on the results of the study +conducted under subsection (a). Subtitle C--General Service Authorities and Correction of Military Records -SEC. 521. TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE DUTY - IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS DURING WAR OR - NATIONAL EMERGENCY. - - Section 688a of title 10, United States Code, is amended-- - (1) by redesignating subsection (g) as subsection (h); and - (2) by inserting after subsection (f) the following new - subsection: - ``(g) Exception During Period of War or National Emergency.--The -limitations in subsections (c) and (f) shall not apply during time of -war declared by Congress or of national emergency declared by the -President.''. - -SEC. 522. REENLISTMENT WAIVERS FOR PERSONS SEPARATED FROM THE ARMED - FORCES WHO COMMIT ONE MISDEMEANOR CANNABIS OFFENSE. - - (a) In General.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of Defense shall prescribe -regulations that permit any Secretary of a military department to grant -a reenlistment waiver to a covered person if the Secretary determines -that the reenlistment of that covered person is vital to the national -interest. - (b) Definitions.--In this section: - (1) The term ``covered person'' means an individual-- - (A) who has been separated, discharged, dismissed, - or released from the Armed Forces; and - (B) who has admitted to or been convicted by a - court of competent jurisdiction of a single violation-- - (i) of any law of a State or the United - States relating to the use or possession of - cannabis; - (ii) that constitutes a misdemeanor; and - (iii) that occurred while that individual - was not performing active service. - (2) The terms ``active service'' and ``military - department'' have the meanings given such terms in section 101 - of title 10, United States Code. - -SEC. 523. REVIEW OF SEAMAN TO ADMIRAL-21 PROGRAM; CREDIT TOWARDS - RETIREMENT. - - (a) Review.--The Secretary of the Navy shall review personnel -records of all participants in the Seaman to Admiral-21 program during -fiscal years 2010 through 2014 to determine whether each participant -acknowledged, before entering a baccalaureate degree program, that -service during the baccalaureate degree program would not be included -when computing years of service for retirement. - (b) Credit.--For each participant described in subsection (a) for -whom the Secretary cannot find evidence of an acknowledgment described -in that subsection, the Secretary shall include service during the -baccalaureate degree program when computing-- - (1) years of service; and - (2) retired or retainer pay. - (c) Report Required.--The Secretary shall submit a report to the -Committees on Armed Services of the Senate and House of Representatives -regarding the results of the review under subsection (a) and the number -of participants credited with service under subsection (b). - (d) Deadline.--The Secretary of the Navy shall carry out this -section not later than 180 days after the date of the enactment of this -Act. - -SEC. 524. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS BASED - ON SEXUAL ORIENTATION OR GENDER IDENTITY. - + SEC. 521. INCREASED ACCESS TO POTENTIAL RECRUITS. + (a) Secondary Schools.--Section 503 of title 10, United States +Code, is amended-- + (1) in subsection (c)(1)-- + (A) in subparagraph (A)(ii), by striking ``and telephone + listings,'' and all that follows through the period at the end + and inserting ``electronic mail addresses (which shall be the + electronic mail addresses provided by the school, if + available), and telephone listings, notwithstanding subsection + (a)(5) of section 444 of the General Education Provisions Act + (20 U.S.C. 1232g).''; and + (B) in subparagraph (B), by striking ``and telephone + listing'' and inserting ``electronic mail address, and + telephone listing''; and + (2) by striking subsection (d). + (b) Institutions of Higher Education.--Section 983(b)(2)(A) of such +title is amended by striking ``and telephone listings'' and inserting +``electronic mail addresses (which shall be the electronic mail +addresses provided by the institution, if available), and telephone +listings''. + SEC. 522. SUNSET AND TRANSFER OF FUNCTIONS OF THE PHYSICAL + DISABILITY BOARD OF REVIEW. + Section 1554a of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(g) Sunset.--(1) On or after the date of the enactment of the +William M. (Mac) Thornberry National Defense Authorization Act for +Fiscal Year 2021, the Secretary of Defense may sunset the Physical +Disability Board of Review under this section. + ``(2) If the Secretary sunsets the Physical Disability Board of +Review under paragraph (1), the Secretary shall transfer any remaining +requests for review pending at that time, and shall assign any new +requests for review under this section, to a board for the correction +of military records operated by the Secretary concerned under section +1552 of this title.. + ``(3) Subsection (c)(4) shall not apply with respect to any review +conducted by a board for the correction of military records under +paragraph (2).''. + SEC. 523. HONORARY PROMOTION MATTERS. + (a) Honorary Promotions on Initiative of Department of Defense.-- +Chapter 80 of title 10, United States Code, is amended by inserting +after section 1563 the following new section: +``Sec. 1563a. Honorary promotions on the initiative of the Department + of Defense + ``(a) In General.--(1) Under regulations prescribed by the +Secretary of Defense, the Secretary may make an honorary promotion +(whether or not posthumous) of a former member or retired member of the +armed forces to any grade not exceeding the grade of major general, +rear admiral (upper half), or an equivalent grade in the Space Force if +the Secretary determines that the promotion is merited. + ``(2) The authority to make an honorary promotion under this +subsection shall apply notwithstanding that the promotion is not +otherwise authorized by law. + ``(b) Notice to Congress.--The Secretary may not make an honorary +promotion pursuant to subsection (a) until 60 days after the date on +which the Secretary submits to the Committees on Armed Services of the +Senate and the House of Representatives a notice of the determination +to make the promotion, including a detailed discussion of the rationale +supporting the determination. + ``(c) Notice of Promotion.--Upon making an honorary promotion +pursuant to subsection (a), the Secretary shall expeditiously notify +the former member or retired member concerned, or the next of kin of +such former member or retired member if such former member or retired +member is deceased, of the promotion. + ``(d) Nature of Promotion.--Any promotion pursuant to this section +is honorary, and shall not affect the pay, retired pay, or other +benefits from the United States to which the former member or retired +member concerned is entitled or would have been entitled based on the +military service of such former member or retired member, nor affect +any benefits to which any other person is or may become entitled based +on the military service of such former member or retired member.''. + (b) Modification of Authorities on Review of Proposals From +Congress.-- + (1) Standardization of authorities with authorities on + initiative of department of defense.--Section 1563 of title 10, + United States Code, is amended-- + (A) in subsection (a)-- + (i) in the first sentence, by striking ``the posthumous + or honorary promotion or appointment of a member or former + member of the armed forces, or any other person considered + qualified,'' and inserting ``the honorary promotion + (whether or not posthumous) of a former member or retired + member of the armed forces''; and + (ii) in the second sentence, by striking ``the + posthumous or honorary promotion or appointment'' and + inserting ``the promotion''; and + (B) in subsection (b), by striking ``the posthumous or + honorary promotion or appointment'' and inserting ``the + honorary promotion''. + (2) Authority to make honorary promotions following review of + proposals.--Such section is further amended-- + (A) by redesignating subsection (c) as subsection (d); and + (B) by inserting after subsection (b) the following new + subsection (c): + ``(c) Authority To Make.--(1) Under regulations prescribed by the +Secretary of Defense, the Secretary of Defense may make an honorary +promotion (whether or not posthumous) of a former member or retired +member of the armed forces to any grade not exceeding the grade of +major general, rear admiral (upper half), or an equivalent grade in the +Space Force following the submittal of the determination of the +Secretary concerned under subsection (b) in connection with the +proposal for the promotion if the determination is to approve the +making of the promotion. + ``(2) The Secretary of Defense may not make an honorary promotion +under this subsection until 60 days after the date on which the +Secretary concerned submits the determination in connection with the +proposal for the promotion under subsection (b), and the detailed +rationale supporting the determination as described in that subsection, +to the Committees on Armed Services of the Senate and the House of +Representatives and the requesting Member in accordance with that +subsection. + ``(3) The authority to make an honorary promotion under this +subsection shall apply notwithstanding that the promotion is not +otherwise authorized by law. + ``(4) Any promotion pursuant to this subsection is honorary, and +shall not affect the pay, retired pay, or other benefits from the +United States to which the former member or retired member concerned is +or would have been entitled based upon the military service of such +former member or retired member, nor affect any benefits to which any +other person may become entitled based on the military service of such +former member or retired member.''. + (3) Heading amendment.--The heading of such section is amended + to read as follows: +``Sec. 1563. Consideration of proposals from Members of Congress for + honorary promotions: procedures for review and promotion''. + (c) Clerical Amendment.--The table of sections at the beginning of +chapter 80 of such title is amended by striking the item relating to +section 1563 and inserting the following new items: + +``1563. Consideration of proposals from Members of Congress for honorary + promotions: procedures for review and promotion. +``1563a. Honorary promotions on the initiative of the Department of + Defense.''. + SEC. 524. EXCLUSION OF OFFICIAL PHOTOGRAPHS OF MEMBERS FROM RECORDS + FURNISHED TO PROMOTION SELECTION BOARDS. + (a) Active Duty Officers.--The Secretary of Defense shall include +in the regulations prescribed pursuant to section 615(a) of title 10, +United States Code, a prohibition on the inclusion of an official +photograph of an officer in the information furnished to a selection +board pursuant to section 615(b) of such title. + (b) Reserve Officers.--The Secretary of Defense shall include in +regulations prescribed pursuant to section 14107(a)(1) of title 10, +United States Code, a prohibition on the inclusion of an official +photograph of an officer in the information furnished to a selection +board pursuant to section 14107(a)(2) of such title. + (c) Enlisted Members.--Each Secretary of a military department +shall prescribe regulations that prohibit the inclusion of an official +photograph of an enlisted member in the information furnished to a +board that considers enlisted members under the jurisdiction of such +Secretary for promotion. + (d) Report on Exclusion of Additional Information.--Not later than +one year after the date of the enactment of this Act, the Secretary of +Defense shall, in consultation with the Secretaries of the military +departments, submit to the Committees on Armed Services of the Senate +and the House of Representatives a report setting forth the following: + (1) A recommendation for the redaction or removal from + information furnished to selection boards convened to consider + officers or enlisted members for promotion to the next higher grade + of such information, if any, relating to an officer or enlisted + member, as applicable, that is currently furnished to such a + selection board as the Secretary considers appropriate for + redaction or removal in order to eliminate inappropriate bias in + the promotion selection process. + (2) An assessment of the anticipated effects on the promotion + process for officers or enlisted members, as applicable, of the + redaction or removal from information furnished to selection boards + of information recommended for redaction or removal pursuant to + paragraph (1). + (3) An implementation plan that describes and assesses the + manner in which the redaction or removal of such information will + be achieved, including a description and assessment of the + following: + (A) Any required changes to policies, processes, or + systems, including any information technology required. + (B) The cost of implementing such changes. + (C) The estimated timeline for completion of the + implementation of such changes (which may not be later than the + day that is two years after the date of the report). + (D) The duty title of the officer or employee of the + Department Defense to be assigned responsibility for + implementing such changes. + SEC. 525. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS + BASED ON SEXUAL ORIENTATION. (a) Report Required.--Not later than September 30, 2021, the -Secretaries of Defense and Veterans Affairs shall jointly submit to -Congress a report regarding former members of the Armed Forces who-- - (1) were discharged or dismissed from the Armed Forces; - (2) have applied to either Secretary for an upgrade in the - characterization of discharge or dismissal; and - (3) allege in such applications that such discharges or - dismissals arose from a policy of the Department of Defense - regarding the sexual orientation or gender identity of a - member. +Secretary of Defense shall submit to the Committees on Armed Services +of the Senate and the House of Representatives a report regarding the +number of former members of the Armed Forces who-- + (1) were discharged or dismissed from the Armed Forces; + (2) on or after September 21, 2011, applied to the Secretary of + the military department concerned for an upgrade in the + characterization of such discharge or dismissal; and + (3) assert in such application that such discharge or dismissal + arose from a policy of the Department of Defense regarding the + sexual orientation of a member before September 21, 2011. (b) Elements.--The report under this section shall include the -number of applications described in subsection (a) and the percentages -of such applications granted and denied, disaggregated by-- - (1) Armed Force; - (2) grade; - (3) race; - (4) ethnicity; - (5) gender; - (6) characterization of discharge or dismissal; and - (7) upgraded characterization of discharge or dismissal, if - applicable. - (c) Publication.--The Secretaries each shall publish the report -under this section on a publicly accessible website of the respective -department. - -SEC. 525. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL SOURCES OF - INFORMATION TO DETERMINE ELIGIBILITY OF MEMBERS AND - FORMER MEMBERS OF THE ARMED FORCES FOR DECORATIONS AND - BENEFITS WHEN THE SERVICE RECORDS ARE INCOMPLETE BECAUSE - OF DAMAGE TO THE OFFICIAL RECORD. - - Section 528 of National Defense Authorization Act for Fiscal Year -2020 (10 U.S.C. 1121 note; 133 Stat.1357) is amended-- - (1) in the section heading, by inserting ``and benefits'' - after ``decorations''; - (2) in subsection (a)-- - (A) by inserting ``and the Secretary of Veterans - Affairs'' after ``military departments''; and - (B) by inserting ``and benefits'' after - ``decorations''; - (3) by redesignating subsection (b) as subsection (c); and - (4) by inserting after subsection (a) the following new - subsection: - ``(b) Consultation.--The Secretary of Defense shall prepare the -guidelines in consultation with the Secretary of Veterans Affairs, with -respect to veterans benefits under title 38, United States Code, whose -eligibility determinations depend on the use of service records -maintained by the Department of Defense.''. - -SEC. 526. REPORT ON BAD PAPER. - - (a) Report Required.--Not later than September 1, 2021, the -Inspector General of the Department of Defense shall submit to the -Committees on Armed Services of the Senate and House of Representatives -a report regarding bad paper issued by the Department of Defense during -the 20 years preceding the date of the report. - (b) Elements.--The report shall include, with regards to members -who received bad paper, the following, if known: - (1) Sex. - (2) Age. - (3) Religion. - (4) Race. - (5) Ethnicity. - (6) Tribal affiliation. - (7) Sexual orientation. - (8) Reasons for discharge or dismissal. - (9) In a case of a bad conduct or medical discharge, - whether there is evidence the member suffered symptoms of - sexual trauma, including-- - (A) post-traumatic stress disorder; - (B) going absent without leave or on unauthorized - absence; - (C) inability to complete duties or carry out - orders; - (D) insubordination; - (E) substance abuse; - (F) or substance addiction; - (10) Whether the member had filed a complaint within the - chain of command regarding-- - (A) fraud, waste, or abuse of Federal funds; - (B) a violation of military or Federal law; - (C) a violation of the Uniform Code of Military - Justice; - (D) sexual assault; - (E) sexual harassment; - (F) sexual abuse; - (G) sexual trauma; or - (H) discrimination on the basis of sex, age, - religion, race, ethnicity, Tribal affiliation, or - sexual orientation. - (11) Armed Force. - (12) Any other information the Inspector General determines - appropriate. - (c) Interviews.--To prepare report under this section, the -Inspector General may interview veterans or other former members of the -Armed Forces. - (d) Bad Paper Defined.--In this section, ``bad paper'' means a -discharge or dismissal from the Armed Forces characterized as-- - (1) dishonorable; - (2) bad conduct; or - (3) other than honorable. - - Subtitle D--Military Justice and Other Legal Matters - -SEC. 531. PUNITIVE ARTICLE ON VIOLENT EXTREMISM. - - (a) Violent Extremism.-- - (1) In general.--Subchapter X of chapter 47 of title 10, - United States Code, is amended by inserting after section 916 - (article 116 of the Uniform Code of Military Justice) the - following new section (article): -``Sec. 916a. Art. 116a. Violent extremism - ``(a) Prohibition.--Any person subject to this chapter who-- - ``(1) knowingly commits a covered offense against-- - ``(A) the Government of the United States; or - ``(B) any person or class of people; - ``(2)(A) with the intent to intimidate or coerce any person - or class of people; or - ``(B) with the intent to influence, affect, or retaliate - against the policy or conduct of the Government of the United - States or any State; and - ``(3) does so-- - ``(A) to achieve political, ideological, religious, - social, or economic goals; or - ``(B) in the case of an act against a person or - class of people, for reasons relating to the race, - religion, color, ethnicity, sex, age, disability - status, national origin, sexual orientation, or gender - identity of the person or class of people concerned; -is guilty of violent extremism and shall be punished as a court-martial -may direct. - ``(b) Attempts, Solicitation, and Conspiracy.--Any person who -attempts, solicits, or conspires to commit an offense under this -section shall be punished in the same manner as a person who completes -the offense. - ``(c) Definitions.--In this section: - ``(1) Covered offense.--The term `covered offense' means-- - ``(A) loss, damage, destruction, or wrongful - disposition of military property of the United States, - in violation of section 908 of this title (article - 108); - ``(B) waste, spoilage, or destruction of property - other than military property of the United States, in - violation of section 909 of this title (article 109); - ``(C) communicating threats, in violation of - section 915 of this title (article 115); - ``(D) riot or breach of peace, in violation of - section 916 of this title (article 116); - ``(E) provoking speech or gestures, in violation of - section 917 of this title (article 117); - ``(F) murder, in violation of section 918 of this - title (article 118); - ``(G) manslaughter, in violation of section 919 of - this title (article 119); - ``(H) larceny or wrongful appropriation, in - violation of section 921 of this title (article 121); - ``(I) robbery, in violation of section 922 of this - title (article 122); - ``(J) kidnapping, in violation of section 925 of - this title (article 125); - ``(K) assault, in violation of section 928 of this - title (article 128); - ``(L) conspiracy to commit an offense specified in - any of subparagraphs (A) through (K), as punishable - under section 881 of this title (article 81); - ``(M) solicitation to commit an offense specified - in any of subparagraphs (A) through (K), as punishable - under section 882 of this title (article 82); or - ``(N) an attempt to commit an offense specified in - any of subparagraphs (A) through (K), as punishable - under section 880 of this title (article 80). - ``(2) State.--The term `State' includes any State of the - United States, the District of Columbia, the Commonwealth of - Puerto Rico, and any other possession or territory of the - United States.''. - (2) Clerical amendment.--The table of sections at the - beginning of such subchapter is amended by inserting after the - item relating to section 916 (article 116) the following new - item: - -``916a. 116a. Violent extremism.''. +following: + (1) The number of applications described in subsection (a) and + the percentages of such applications granted and denied, + disaggregated by-- + (A) Armed Force; + (B) grade; + (C) characterization of discharge or dismissal originally + received; and + (D) characterization of discharge or dismissal received + pursuant to an application described in subsection (a)(2). + (2) If the Secretary can determine the number without reviewing + applications described in subsection (a) on a case-by-case basis, + the number of such applications-- + (A) that were denied; and + (B) in which the discharge or dismissal was based solely on + misconduct of the discharged or dismissed member. + (c) Publication.--Not later than 90 days after the Secretary +submits the report under this section, the Secretary shall publish the +report on a publicly accessible website of the Department of Defense. + +Subtitle D--Prevention and Response To Sexual Assault, Harassment, and + Related Misconduct + + SEC. 531. MODIFICATION OF TIME REQUIRED FOR EXPEDITED DECISIONS IN + CONNECTION WITH APPLICATIONS FOR CHANGE OF STATION OR UNIT + TRANSFER OF MEMBERS WHO ARE VICTIMS OF SEXUAL ASSAULT OR RELATED + OFFENSES. + (a) In General.--Section 673(b) of title 10, United States Code, is +amended by striking ``72 hours'' both places it appears and inserting +``five calendar days''. (b) Effective Date.--The amendments made by subsection (a) shall -take effect on the date of the enactment of this Act and shall apply to -offenses committed on or after such date. +take effect on the date of the enactment of this Act, and shall apply +to decisions on applications for permanent change of station or unit +transfer made under section 673 of title 10, United States Code, on or +after that date. + SEC. 532. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT. + (a) Confidential Reporting.-- + (1) In general.--Chapter 80 of title 10, United States Code, is + amended by inserting after section 1561a the following new section: +``Sec. 1561b. Confidential reporting of sexual harassment + ``(a) Reporting Process.--Notwithstanding section 1561 of this +title, the Secretary of Defense shall prescribe in regulations a +process by which a member of an armed force under the jurisdiction of +the Secretary of a military department may confidentially allege a +complaint of sexual harassment to an individual outside the immediate +chain of command of the member. + ``(b) Receipt of Complaints.--An individual designated and trained +to receive complaints under the process under subsection (a) shall-- + ``(1) maintain the confidentiality of the member alleging the + complaint; + ``(2) explain to the member alleging the complaint the + different avenues of redress available to resolve the complaint and + the different consequences of each avenue on the manner in which + the complaint will be investigated (if at all), including an + explanation of the following: + ``(A) The manner in which to file a complaint concerning + alleged sexual harassment with the official or office + designated for receipt of such complaint through such avenue of + redress. + ``(B) That confidentiality in connection with the complaint + cannot be maintained when there is a clear and present risk to + health or safety. + ``(C) If the alleged sexual harassment also involves an + allegation of sexual assault, including sexual contact-- + ``(i) the manner in which to file a confidential report + with a Sexual Assault Response Coordinator or a Sexual + Assault Prevention and Response Victim Advocate; and + ``(ii) options available pursuant to such reporting, + including a Restricted Report or Unrestricted Report, and + participation in the Catch a Serial Offender Program. + ``(D) The services and assistance available to the member + in connection with the complaint and the alleged sexual + harassment. + ``(c) Education and Tracking.--The Secretary of Defense shall-- + ``(1) educate members under the jurisdiction of the Secretaries + of the military departments regarding the process established under + this section; and + ``(2) track complaints alleged pursuant to the process. + ``(d) Reports.--Not later than April 30, 2023, and April 30 every +two years thereafter, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report containing data on the complaints of sexual +harassment alleged pursuant to the process under subsection (a) during +the previous two calendar years. Any data on such complaints shall not +contain any personally identifiable information.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 80 of such title is amended by inserting after the item + relating to section 1561b the following new item: -SEC. 532. PRESERVATION OF COURT-MARTIAL RECORDS. - - Section 940a of title 10, United States Code (article 140a of the -Uniform Code of Military Justice), is amended by adding at the end the -following new subsection: - ``(d) Preservation of Court-Martial Records Without Regard to -Outcome.--The standards and criteria prescribed by the Secretary of -Defense under subsection (a) shall provide for the preservation of -general and special court-martial records, without regard to the -outcome of the proceeding concerned, for not fewer than 15 years.''. - -SEC. 533. ELECTRONIC NOTARIZATION FOR MEMBERS OF THE ARMED FORCES. - - Section 1044a of title 10, United States Code, is amended by adding -at the end the following new subsection: - ``(e)(1) A person named in subsection (b) may exercise the powers -described in subsection (a) through electronic means, including under -circumstances where the individual with respect to whom such person is -performing the notarial act is not physically present in the same -location as such person. - ``(2) A determination of the authenticity of a notarial act -authorized in this section shall be made without regard to whether the -notarial act was performed through electronic means. - ``(3) A log or journal of a notarial act authorized in this section -shall be considered for evidentiary purposes without regard to whether -the log or journal is in electronic form.''. - -SEC. 534. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND REEMPLOYMENT - RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES. - - (a) Clarification Regarding Definition of Rights and Benefits.-- -Section 4303(2) of title 38, United States Code, is amended-- - (1) by inserting ``(A)'' before ``The term''; and - (2) by adding at the end the following new subparagraph: - ``(B) Any procedural protections or provisions set forth in - this chapter shall also be considered a right or benefit - subject to the protection of this chapter.''. - (b) Clarification Regarding Relation to Other Law and Plans for -Agreements.--Section 4302 of such title is amended by adding at the end -the following: - ``(c)(1) Pursuant to this section and the procedural rights -afforded by subchapter III of this chapter, any agreement to arbitrate -a claim under this chapter is unenforceable, unless all parties consent -to arbitration after a complaint on the specific claim has been filed -in court or with the Merit Systems Protection Board and all parties -knowingly and voluntarily consent to have that particular claim -subjected to arbitration. - ``(2) For purposes of this subsection, consent shall not be -considered voluntary when a person is required to agree to arbitrate an -action, complaint, or claim alleging a violation of this chapter as a -condition of future or continued employment, advancement in employment, -or receipt of any right or benefit of employment.''. - -SEC. 535. TERMINATION OF TELEPHONE, MULTICHANNEL VIDEO PROGRAMMING, AND - INTERNET ACCESS SERVICE CONTRACTS BY SERVICEMEMBERS WHO - ENTER INTO CONTRACTS AFTER RECEIVING MILITARY ORDERS FOR - PERMANENT CHANGE OF STATION BUT THEN RECEIVE STOP - MOVEMENT ORDERS DUE TO AN EMERGENCY SITUATION. - - (a) In General.--Section 305A(a)(1) of the Servicemembers Civil -Relief Act (50 U.S.C. 3956) is amended-- - (1) by striking ``after the date the servicemember receives - military orders to relocate for a period of not less than 90 - days to a location that does not support the contract.'' and - inserting ``after--''; and - (2) by adding at the end the following new subparagraphs: - ``(A) the date the servicemember receives military - orders to relocate for a period of not less than 90 - days to a location that does not support the contract; - or - ``(B) the date the servicemember, while in military - service, receives military orders for a permanent - change of station, thereafter enters into the contract, - and then after entering into the contract receives a - stop movement order issued by the Secretary of Defense - in response to a local, national, or global emergency, - effective for an indefinite period or for a period of - not less than 30 days, which prevents the servicemember - from using the services provided under the contract.''. - (b) Retroactive Application.--The amendments made by this section -shall apply to stop movement orders issued on or after March 1, 2020. - -SEC. 536. ABSENTEE BALLOT TRACKING PROGRAM. - - (a) Establishment and Operation of Program.--Section 102(h) of the -Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. -20302(h)) is amended to read as follows: - ``(h) Absentee Ballot Tracking Program.-- - ``(1) Requiring establishment and operation of program.-- - The chief State election official, in coordination with local - election jurisdictions, shall establish and operate an absentee - ballot tracking program described in paragraph (2) for the use - of absent uniformed services voters and overseas voters. - ``(2) Program described.-- - ``(A) Information on transmission and receipt of - absentee ballots.--An absentee ballot tracking program - described in this paragraph is a program under which-- - ``(i) the State or local election official - responsible for the transmission of absentee - ballots in an election for Federal office - operates procedures to track and confirm the - transmission of such ballots and to make - information on the transmission of such a - ballot available by means of online access - using the Internet site of the official's - office; and - ``(ii) the State or local election official - responsible for the receipt of absentee ballots - in an election for Federal office operates - procedures to track and confirm the receipt of - such ballots and (subject to subparagraph (B)) - to make information on the receipt of such a - ballot available by means of online access - using the Internet site of the official's - office. - ``(B) Specific information on receipt of voted - absentee ballots.--The information required to be made - available under clause (ii) of subparagraph (A) with - respect to the receipt of a voted absentee ballot in an - election for Federal office shall include information - regarding whether the vote cast on the ballot was - counted, and, in the case of a vote which was not - counted, the reasons therefor. The appropriate State or - local election official shall make the information - described in the previous sentence available during the - 30-day period that begins on the date on which the - results of the election are certified, or during such - earlier 30-day period as the official may provide. - ``(3) Use of toll-free telephone number by officials - without internet site.--A program established and operated by a - State or local election official whose office does not have an - Internet site may meet the requirements of paragraph (2) if the - official has established and operates a toll-free telephone - number that may be used to obtain the information on the - transmission or receipt of the absentee ballot which is - required under such paragraph.''. - (b) Effective Date.--The amendment made by subsection (a) shall -apply with respect to an election held during 2022 or any succeeding -year. - -SEC. 537. TRACKING MECHANISM AND REPORTING REQUIREMENTS FOR - SUPREMACIST, EXTREMIST, AND CRIMINAL GANG ACTIVITY IN THE - ARMED FORCES. - - (a) Process Required.--The Secretary of Defense shall develop and -implement a process to track investigations, criminal and -administrative actions, and final determinations with respect to -conduct of members of the covered Armed Forces that is prohibited under -Department of Defense Instruction 1325.06, titled ``Handling Dissident -and Protest Activities Among Members of the Armed Forces'', or any -successor instruction. - (b) Elements.--The process under subsection (a) shall include the -following: - (1) A mechanism that military criminal investigative - organizations may use-- - (A) to track criminal investigations into the - prohibited conduct described in subsection (a), - including a mechanism to track those investigations - that are forwarded to commanders for administrative - action; - (B) to provide relevant information from criminal - investigations and administrative actions to civilian - law enforcement agencies; and - (C) to track final administrative actions taken - with respect to investigations that are referred to - commanders. - (2) A mechanism commanders may use to provide information - to military criminal investigative organizations on any serious - conduct under consideration for administrative action or any - final administrative actions taken with respect to the - prohibited conduct described in subsection (a). - (3) A standardized database, shared among the covered Armed - Forces, to ensure that the tracking required under subsection - (a) is carried out in the same manner across such Armed Forces. - (c) Report.--Not later than December 1 of each year beginning after -the date of the enactment of this Act, the Secretary of Defense shall -submit to the appropriate congressional committees a report on the -process implemented under subsection (a). Each report shall include-- - (1) the number of investigations, criminal and - administrative actions, and final determinations tracked over - the preceding year; - (2) the number of individuals discharged from the covered - Armed Forces due to activities prohibited under Department of - Defense Instruction 1325.06 and a description of the - circumstances that led to such discharges; and - (3) of the actions enumerated under paragraph (1), the - number of instances in which information on the conduct of a - member of the covered Armed Forces was referred to civilian law - enforcement agencies as a result of the investigation or - action. - (d) Definitions.--In this section: - (1) The term ``appropriate congressional committees'' - means-- - (A) the Committee on the Judiciary and the - Committee on Armed Services of the Senate; and - (B) the Committee on the Judiciary and the - Committee on Armed Services of the House of - Representatives. - (2) The term ``covered Armed Forces'' means the Army, the - Navy, the Air Force, and the Marine Corps. - -SEC. 538. MILITARY-CIVILIAN TASK FORCE ON DOMESTIC VIOLENCE AND RELATED - INFORMATION COLLECTION ACTIVITIES. - - (a) Military-Civilian Task Force on Domestic Violence.-- - (1) Establishment.--The Secretary of Defense shall - establish a military-civilian task force on domestic violence - (in this section, referred to as the ``Task Force''). - (2) Duties.--The duties of the Task Force shall be to - analyze and develop recommendations, for implementation by the - Secretary, with respect to each of the following: - (A) The risk of domestic violence at various stages - of military service, including identification of-- - (i) stages at which there is a higher than - average risk of domestic violence; and - (ii) stages at which the implementation of - domestic violence prevention strategies may - have the greatest preventive effect. - (B) The use and dissemination of domestic violence - prevention resources throughout the stages of military - service including providing new service members with - training in domestic violence prevention. - (C) How to best target prevention resources to - address those with a higher risk of domestic violence. - (D) The implementation of strategies to prevent - domestic violence by training, educating, and assigning - prevention-related responsibilities to-- - (i) commanders; - (ii) medical, behavioral, and mental health - service providers; - (iii) family advocacy representatives; - (iv) Military Family Life Consultants; and - (v) other individuals and entities with - responsibilities that may be relevant to - addressing domestic violence. - (E) The efficacy of providing survivors of domestic - violence with the option to request expedited - transfers, and the effects of such transfers. - (F) Improvements to procedures for reporting - appropriate legal actions to the National Crime - Information Center and the efficacy of such procedures. - (G) The effects of domestic violence on-- - (i) housing for military families; - (ii) the education of military dependent - children; - (iii) servicemember work assignments and - careers; and - (iv) the health of servicemembers and their - families, including short-term and long-term - health effects and effects on mental health. - (H) Age-appropriate training and education programs - for students attending schools operated by the - Department of Defense Education Activity that are - designed to assist such students in learning positive - relationship behaviors in families and with intimate - partners. - (I) The potential effects of requiring military - protective orders to be issued by a military judge and - whether such a requirement would increase the - enforcement of military protective orders by civilian - law enforcement agencies outside the boundaries of - military installations. - (J) Whether prevention of domestic violence would - be enhanced by raising the disposition authority for - offenses of domestic violence to an officer who is-- - (i) in the grade of 0-6 or above; - (ii) in the chain of command of the - accused; and - (iii) authorized by chapter 47 of title 10, - United States Code (the Uniform Code of - Military Justice) to convene special courts - martial. - (K) How to improve access to resources for - survivors of domestic violence throughout the stages of - military service. - (L) Consideration of any other matters that the - Task Force determines to be relevant to-- - (i) decreasing the frequency of domestic - violence committed by or upon members of the - covered Armed Forces and their dependents; and - (ii) reducing the severity of such - violence. - (3) Membership.--The Task Force shall be composed of the - following members: - (A) One or more representatives of family advocacy - programs of the Department of Defense. - (B) One or more representatives of the Defense - Advisory Committee on Women in the Services. - (C) One or more medical personnel of the Department - of Defense. - (D) One or more Judge Advocates General. - (E) One or more military police or other law - enforcement personnel of the covered Armed Forces. - (F) One or more military commanders. - (G) One or more individuals whose duties include - planning, executing, and evaluating training of the - covered Armed Forces. - (H) Civilians who are experts on domestic violence - or who provide services relating to domestic violence, - including-- - (i) not fewer than two representatives from - the national domestic violence resource center - and the special issue resource centers referred - to in section 310 of the Family Violence - Prevention and Services Act (42 U.S.C. 10410); - (ii) not fewer than two representatives - from national domestic violence organizations; - (iii) not fewer than two representatives - from State domestic violence and sexual assault - coalitions; and - (iv) not fewer than two domestic violence - service providers who provide services in - communities located near military - installations. - (I) One or more representatives who are subject - matter experts on-- - (i) scientific and other research relating - to domestic violence; and - (ii) science-based strategies for the - prevention, intervention, and response to - domestic violence. - (J) Civilian law enforcement personnel. - (K) One or more representatives from the Office on - Violence Against Women of the Department of Justice. - (L) One or more representatives of the Family - Violence Prevention and Services Program of the - Department of Health and Human Services. - (M) One or more representatives from the Centers - for Disease Control and Prevention. - (4) Appointment by secretary of defense.-- - (A) In general.--The Secretary of Defense shall - appoint the members of the Task Force specified in - subparagraphs (A) through (M) of paragraph (3). - (B) Consultation.-- - (i) Consultation with attorney general.--In - appointing members under subparagraph (K) of - paragraph 3, the Secretary of Defense shall - consult with the Attorney General. - (ii) Consultation with secretary of hhs.-- - In appointing members under subparagraphs (L) - and (M) of such paragraph, the Secretary shall - consult with the Secretary of Health and Human - Services. - (C) Inclusion of certain personnel.--The Secretary - shall ensure that the members appointed by the - Secretary under this subparagraph include-- - (i) representatives of the Office of the - Secretary of Defense; - (ii) general and flag officers; - (iii) noncommissioned officers; and - (iv) other enlisted personnel of the - covered Armed Forces. - (5) Total number of members.--The total number of members - appointed to the Task Force shall be not more than 25. - (6) Chairperson.-- - (A) Nominee list.--On an annual basis, the Task - Force shall submit to the Secretary a list of members - of the Task Force who may be considered for the - position of chairperson of the Task Force. - (B) Selection.--From the list submitted to the - Secretary under subparagraph (A) for each year, the - Secretary of Defense shall designate one member of the - Task Force to serve as the chairperson of the Task - Force. - (C) Term.--The chairperson designated by the - Secretary under subparagraph (B) shall serve for a term - of 1 year and may serve for additional terms of 1 year - if redesignated as the chairperson by the Secretary - under such subparagraph. - (7) Meetings.--The first meeting of the Task Force shall - convene not later than 180 days after the date of the enactment - of this Act. Thereafter, the task Force shall meet in plenary - session not less frequently than once annually. - (8) Compensation and travel expenses.--Each member of the - Task Force shall serve without compensation (other than the - compensation to which such member may be entitled as a member - of the covered Armed Forces or an officer or employee of the - United States, as the case may be), but shall be allowed travel - expenses, including per diem in lieu of subsistence, at rates - authorized for employees of agencies under subchapter I of - chapter 57 of title 5, United States Code, while away from the - member's home or regular places of business in the performance - of services for the Task Force. - (9) Site visits.--In the carrying out the duties described - in paragraph (2), members of the Task Force shall-- - (A) on an annual basis, visit one or more military - installations outside the United States; and - (B) on a semiannual basis, visit one or more - military installations within the United States. - (10) Oversight and administration.--The Secretary of - Defense shall designate an appropriate organization within the - Office of the Secretary of Defense to-- - (A) provide oversight of the Task Force; - (B) provide the Task Force with the personnel, - facilities, and other administrative support that is - necessary for the performance of the Task Force's - duties; and - (C) on a rotating basis, direct the Secretary of - each military department to-- - (i) coordinate visits of the Task Force to - military installations; and - (ii) provide administrative, logistical, - and other support for the meetings of the Task - Force. - (11) Reports.-- - (A) Reports to secretary.-- - (i) Initial report.--Not later than 1 year - after the date on which the members of the Task - Force are appointed under paragraph (3), the - Task Force shall submit to the Secretary of - Defense recommendations with respect to each - matter described in paragraph (2). - (ii) Subsequent reports.--After submitting - the initial report under subparagraph (A), the - Task Force shall, from time to time, submit to - the Secretary of Defense such analyses and - recommendations as the Task Force considers - appropriate to improve the effectiveness of the - covered Armed Forces in responding to and - preventing domestic violence. - (B) Reports to congress.--On an annual basis until - the date on which the Task Force terminates under - paragraph (12), the Task Force shall submit to Congress - a report that includes-- - (i) a description of any improvements in - the response of the covered Armed Forces to - domestic violence over the preceding year; - (ii) an explanation of any pending research - on domestic violence that may be relevant to - domestic violence involving members of the - covered Armed Forces; and - (iii) such analyses and recommendations as - the Task Force considers appropriate to improve - the effectiveness of the covered Armed Forces - in responding to and preventing domestic - violence. - (12) Termination.-- - (A) In general.--Except as provided in subparagraph - (B), the Task Force shall terminate on the date that is - 5 years after the date of the first meeting of the Task - Force. - (B) Continuation.-- - (i) In general.--Subject to clause (ii), - the Secretary of Defense may continue the Task - Force for a period of up to 2 years after the - termination date applicable under subparagraph - (A) if the Secretary determines that - continuation of the Task Force is advisable and - appropriate. - (ii) Notice to congress.--If the Secretary - determines to continue the Task Force under - clause (i), not later than 90 days before the - termination date applicable under subparagraph - (A) and annually thereafter until the new date - of the termination of the Task Force, the - Secretary shall submit to the Committees on - Armed Services of the Senate and the House of - Representatives a notice describing the reasons - for the continuation and confirming the new - termination date. - (13) Implementation of recommendations.-- - (A) In general.--Except as provided in subparagraph - (B), not later than 180 days after the date on which - the Secretary of Defense receives the initial report of - the Task Force under paragraph (11)(A)(i), the - Secretary shall, in consultation with the Task Force, - implement the recommendations of the Task Force with - respect to each matter described in paragraph (2). - (B) Waiver.--The Secretary of Defense may waive the - requirement under subparagraph (A) with respect to a - recommendation of the Task force by submitting to the - Committees on Armed Services of the Senate and the - House of Representatives a written notification setting - forth the reasons for the Secretary's decision not to - implement the recommendation. - (b) Information Collection and Reporting.-- - (1) Information collection.-- - (A) Regular information collection.--Using the - mechanism developed under subparagraph (B), the - Secretary of Defense shall regularly collect - information to measure the prevalence of domestic - violence involving members of the covered Armed Forces, - their intimate partners, and immediate family members. - (B) Mechanism to measure domestic violence.--The - Secretary of Defense, in coordination with the Centers - for Disease Control and civilian organizations with - expertise in conducting informational surveys, shall - develop a mechanism to carry out the information - collection required under subparagraph (A). - (2) Annual report on domestic violence.-- - (A) Report required.--On an annual basis, the - Secretary of Defense shall submit to the congressional - defense committees a report on domestic violence in the - covered Armed Forces. - (B) Elements.--The report required under - subparagraph (A) shall include, with respect to the - year covered by the report, the following: - (i) Based on the information collected - under paragraph (1), an assessment of the - prevalence of domestic violence involving - members of the covered Armed Forces, their - intimate partners, and immediate family - members. - (ii) The number of convictions under - section 928b of title 10, United States Code - (article 128b of the Uniform Code of Military - Justice). - (iii) The recidivism rate for members of - the covered Armed Forces convicted of domestic - violence offenses. - (iv) The number instances in which a member - of the covered Armed Forces received an - administrative discharge as a result of the - member's involvement in a domestic violence - incident. - (v) The number of instances in which a - member of the covered Armed Forces was - prohibited from possessing firearms as a result - of the member's conviction for a domestic - violence offense. - (vi) Of the incidents described in clause - (v), the number of instances in which the - member received a waiver of such prohibition or - was otherwise allowed to access firearms for - duty purposes. - (vii) An explanation of the status of data - sharing between the Department of Defense and - civilian law enforcement agencies on matters - relating to domestic violence. - (c) Covered Armed Forces Defined.--In this section, the term -``covered Armed Forces'' means the Army, the Navy, the Air Force, and -the Marine Corps. - -SEC. 539. ACTIONS TO ADDRESS MILITARY-CONNECTED CHILD ABUSE. - - (a) In General.--Consistent with the recommendations of the -Government Accountability Office in the report titled ``Increased -Guidance and Collaboration Needed to Improve DOD's Tracking and -Response to Child Abuse'' (GAO-20-110), the Secretary of Defense shall -carry out activities to improve the ability of the Department of -Defense to effectively prevent, track, and respond to military- -connected child abuse. - (b) Activities Required.--The activities carried out under -subsection (a) shall include the following: - (1) The Secretary of Defense shall expand the scope of the - Department of Defense's centralized database on problematic - sexual behavior in children and youth to track information on - all incidents involving child abuse reported to a Family - Advocacy Program or investigated by a military law enforcement - organization, regardless of whether the perpetrator of the - abuse is another child, an adult, or a person in a - noncaregiving role at the time of the incident. - (2) The Secretary of Defense, in consultation with the - Secretary of each military department, shall ensure-- - (A) that each Family Advocacy Program records, in a - database of the Program, the date on which the Program - notified a military law enforcement organization of a - reported incident of child abuse; and - (B) that each military law enforcement organization - records, in a database of the organization, the date on - which the organization notified a Family Advocacy - Program of a reported incident of child abuse. - (3) The Secretary of Defense, in consultation with the - Secretary of each military department, shall issue guidance - that clarifies the process through which the Family Advocacy - Program of a covered Armed Force will receive, and incorporate - into the Program's central registry, information regarding - child abuse allegations involving members of that a covered - Armed Force and dependents of such members in cases in which - such allegations were previously recorded by the Family - Advocacy Program of another covered Armed Force. Such guidance - shall include a mechanism for monitoring the process to ensure - that the process is carried out consistently. - (4) Each covered Armed Force shall develop a process to - monitor how reported incidents of child abuse are screened at - military installations to help ensure that all reported child - abuse incidents that should be presented to an Incident - Determination Committee are consistently presented and tracked. - (5) The Secretary of Defense shall ensure that the Under - Secretary of Defense for Personnel and Readiness, in - consultation with the Director of the Department of Defense - Education Activity, clarifies Department of Defense Education - Activity guidance to define what types of child abuse incidents - must be reported as serious incidents to help ensure that all - serious incidents of which Department of Defense Education - Activity leadership needs to be informed are accurately and - consistently reported by school administrators. - (6) The Secretary of Defense, in consultation with the - Secretaries of the military departments, shall-- - (A) expand the voting membership of each Incident - Determination Committee to include medical personnel - with requisite knowledge and experience; and - (B) ensure, to the extent practicable, that voting - membership of a Committee includes medical personnel - with expertise in pediatric medicine in cases in which - a reported incident of child abuse is under review by - the Committee. - (7) Each covered Armed Force shall implement procedures to - provide the families of child abuse victims with comprehensive - information on how reported incidents of child abuse will be - addressed. Such practices may include the development of a - guide that-- - (A) explains the processes the Family Advocacy - Program and military law enforcement organizations will - follow to address the report; and - (B) identifies services and other resources - available to victims and their families. - (8) The Secretary of Defense, in consultation with the - Secretaries of the military departments, shall issue guidance - to clarify the circumstances under which military commanders - may exercise the authority to remove a child from a potentially - unsafe home on a military installation outside the United - States. - (9) The Secretary of Defense shall ensure that the Under - Secretary of Defense for Personnel and Readiness, in - consultation with the Director of the Defense Health Agency, - establishes processes that help ensure children who are - sexually abused outside the United States have timely access to - a certified pediatric sexual assault forensic examiner to - conduct an examination. Such processes may include certifying - pediatricians, or adult sexual assault forensic examiners who - have pediatric sexual assault nurse examiner training in a - multidisciplinary team setting, as pediatric examiners during - mandatory training or establishing shared regional assets. - (10) The Secretary of Defense, in consultation with the - Deputy Attorney General, shall establish procedures for - military criminal investigative organizations to communicate - with United States Attorneys, State Attorneys General, and - local prosecutors for relevant cases involving child victims, - including establishing protocols that-- - (A) ensure that military investigators are notified - when a prosecution is declined; - (B) provide notice to victims of the status of - prosecutions and, as applicable, the reasons for the - declination to prosecute; - (C) arrange for specialized victim services outside - of the Department of Defense to be provided to juvenile - victims to the extent possible; - (D) facilitate legal assistance or other civil - legal aid services to juvenile victims; and - (E) ensure that juveniles accused of crimes are, to - the extent possible, provided defense counsel who are - trained in representing juveniles. - (11) The Secretary of each military department shall seek - to develop a memorandum of understanding with the National - Children's Alliance that makes children's advocacy center - services and protocols available to all military installations - of the department and increases awareness of those services - across the department. - (c) Deadline.--The Secretary of Defense shall carry out the -activities described in subsection (b) not later than 1 year after the -date of the enactment of this Act. - (d) Definitions.--In this section: - (1) The term ``child abuse'' means any abuse of a child - (including physical abuse, sexual abuse, emotional abuse, and - neglect) regardless of whether the perpetrator of the abuse is - another child, an adult, or a person in a noncaregiving role. - (2) The term ``covered Armed Forces'' means the Army, Navy, - Air Force, Marine Corps, and Space Force. - (3) The term ``Incident Determination Committee'' means a - committee established at a military installation that is - responsible for reviewing reported incidents of child abuse and - determining whether such incidents constitute child abuse - according to the applicable criteria of the Department of - Defense. - (4) The term ``military-connected'', when used with respect - to child abuse, means child abuse occurring on a military - installation or involving a dependent of a member of the - covered Armed Forces. - -SEC. 540. MULTIDISCIPLINARY BOARD TO EVALUATE SUICIDE EVENTS. - - (a) Guidance Required.--The Secretary of Defense shall issue -guidance that requires each suicide event involving of a member of a -covered Armed Force to be reviewed by a multidisciplinary board -established at the command or installation level. Such guidance shall -require that, for each suicide event reviewed by such a board, the -board will-- - (1) clearly define the objective, purpose, and outcome of - the review; - (2) take a multidisciplinary appraoch to the review and - include, as part of the review process, leaders of military - units, medical and mental health professionals, and - representatives of military criminal investigative - organizations; - (3) obtain the data necessary to make a comprehensive - Department of Defense suicide event report submission; and - (4) take appropriate steps to protect and share information - obtained from ongoing investigations into the event (such as - medical and law enforcement reports). - (b) Implementation by Covered Armed Forces.--Not later than 90 days -after the date on which the guidance is issued under subsection (a), -the chiefs of the covered Armed Forces shall implement the guidance. - (c) Progress Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -congressional defense committees a report on the progress of the -Secretary in implementing the guidance required under subsection (a). - (d) Covered Armed Forces Defined.--In this section, the term -``covered Armed Forces'' means the Army, Navy, Air Force, Marine Corps, -and Space Force. - -SEC. 540A. TO RESOLVE CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF - ACT. - - (a) In General.--Section 102 of the Servicemembers Civil Relief Act -(50 U.S.C. 3912) is amended by adding at the end the following new -subsection: - ``(d) Written Consent Required for Arbitration.--Notwithstanding -any other provision of law, whenever a contract with a servicemember, -or a servicemember and the servicemember's spouse jointly, provides for -the use of arbitration to resolve a controversy subject to a provision -of this Act and arising out of or relating to such contract, -arbitration may be used to settle such controversy only if, after such -controversy arises, all parties to such controversy consent in writing -to use arbitration to settle such controversy.''. - (b) Applicability.--Subsection (d) of such section, as added by -subsection (a), shall apply with respect to contracts entered into, -amended, altered, modified, renewed, or extended after the date of the -enactment of this Act. - -SEC. 540B. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER - SERVICEMEMBERS CIVIL RELIEF ACT. - - (a) In General.--Section 107(a) of the Servicemembers Civil Relief -Act (50 U.S.C. 3918(a)) is amended-- - (1) in the second sentence, by inserting ``and if it is - made after a specific dispute has arisen and the dispute is - identified in the waiver'' after ``to which it applies''; and - (2) in the third sentence, by inserting ``and if it is made - after a specific dispute has arisen and the dispute is - identified in the waiver'' after ``period of military - service''. - (b) Applicability.--The amendment made by subsection (a) shall -apply with respect to waivers made on or after the date of the -enactment of this Act. - -SEC. 540C. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER - SERVICEMEMBERS CIVIL RELIEF ACT. - - Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. -4042(a)) is amended-- - (1) in the matter preceding paragraph (1), by inserting ``, - notwithstanding any previous agreement to the contrary,'' after - ``may''; and - (2) in paragraph (3), by striking ``, notwithstanding any - previous agreement to the contrary''. - -SEC. 540D. REQUIREMENT OF CERTAIN CERTIFICATION BEFORE DEPORTATION OF A - SPOUSE OF A MEMBER OF THE ARMED FORCES. - - (a) In General.--A spouse of a member of the Armed Forces may not -be removed from the United States until the Secretary concerned -certifies to the congressional defense committees that-- - (1) the Secretary concerned has determined that such - removal shall not negatively affect the morale, welfare, or - well-being of that member; - (2) the Secretary concerned has reviewed all information, - including extenuating circumstances, relating to such removal; - and - (3) the Secretary concerned has assisted the member and - spouse to the greatest extent practicable. - (b) Secretary Concerned Defined.--In this section, the term -``Secretary concerned'' has the meaning given that term in section 101 -of title 10, United States Code. - -SEC. 540E. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES AND MOTOR - VEHICLES OF SERVICEMEMBERS WHO INCUR CATASTROPHIC INJURY - OR ILLNESS OR DIE WHILE IN MILITARY SERVICE. - - (a) Catastrophic Injuries and Illnesses.--Paragraph (4) of section -305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)), as -added by section 545 of the National Defense Authorization Act for -Fiscal Year 2020 (Public Law 116-92), is amended to read as follows: - ``(4) Catastrophic injury or illness of lessee.-- - ``(A) Termination.--If the lessee on a lease - described in subsection (b) incurs a catastrophic - injury or illness during a period of military service - or while performing covered service, during the one- - year period beginning on the date on which the lessee - incurs such injury or illness-- - ``(i) the lessee may terminate the lease; - or - ``(ii) in the case of a lessee who lacks - the mental capacity to contract or to manage - his or her own affairs (including disbursement - of funds without limitation) due to such injury - or illness, the spouse or dependent of the - lessee may terminate the lease. - ``(B) Definitions.--In this paragraph: - ``(i) The term `catastrophic injury or - illness' has the meaning given that term in - section 439(g) of title 37, United States Code. - ``(ii) The term `covered service' means - full-time National Guard duty, active Guard and - Reserve duty, or inactive-duty training (as - such terms are defined in section 101(d) of - title 10, United States Code).''. - (b) Deaths.--Paragraph (3) of such section is amended by striking -``The spouse of the lessee'' and inserting ``The spouse or dependent of -the lessee''. - -SEC. 540F. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT CRIMINAL - BACKGROUND CHECK SYSTEM. - - Section 101(b) of the NICS Improvement Amendments Act of 2007 (34 -U.S.C. 40911(b)) is amended-- - (1) by redesignating paragraph (2) as paragraph (3); and - (2) by inserting after paragraph (1), the following new - paragraph (2): - ``(2) Department of defense.--Not later than 3 business - days after the final disposition of a judicial proceeding - conducted within the Department of Defense, the Secretary of - Defense shall make available to the Attorney General records - which are relevant to a determination of whether a member of - the Armed Forces involved in such proceeding is disqualified - from possessing or receiving a firearm under subsection (g) or - (n) of section 922 of title 18, United States Code, for use in - background checks performed by the National Instant Criminal - Background Check System.''. - -SEC. 540G. PROHIBITION ON CERTAIN COMMUNICATIONS REGARDING COURTS- - MARTIAL. - - Section 825 of title 10, United States Code (article 25 of the -Uniform Code of Military Justice) is amended by adding at the end the -following new subsection: - ``(g) No individual may provide a briefing concerning a potential -or pending court-martial to a member of the armed forces who may be -selected to serve on the court-martial.''. - -SEC. 540H. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO - PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN - INDIVIDUALS UNDER SERVICEMEMBERS CIVIL RELIEF ACT. - - Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C. -3956(a)) is amended by adding at the end the following new paragraph: - ``(4) Additional individuals covered.--For purposes of this - section, the following individuals shall be treated as a - servicemember covered by paragraph (1): - ``(A) A spouse or dependent of a servicemember who - dies while in military service or a spouse or dependent - of a member of the reserve components who dies while - performing duty described in subparagraph (C). - ``(B) A spouse or dependent of a servicemember who - incurs a catastrophic injury or illness (as that term - is defined in section 439(g) of title 37, United States - Code), if the servicemember incurs the catastrophic - injury or illness while performing duty described in - subparagraph (C). - ``(C) A member of the reserve components performing - military service or performing full-time National Guard - duty, active Guard and Reserve duty, or inactive-duty - training (as such terms are defined in section 101(d) - of title 10, United States Code).''. - -SEC. 540I. REPORT ON DRUG DEMAND REDUCTION PROGRAM MODERNIZATION. - - (a) In General.--Not later than 180 days after the enactment of -this Act, the Secretary of Defense shall deliver a report to the -Committees on Armed Services of the Senate and House of Representatives -regarding the efficacy of using point of collection testing (in this -section referred to as ``POCT'') devices to modernize the drug demand -reduction program (in this section referred to as ``DDRP'') random -urinalysis testing. - (b) Evaluation Criteria.--The report shall include the following: - (1) The extent to which use of POCT devices streamline - current urinalysis testing processes and communications, while - maintaining specimen chain of custody for use in associated - administrative and military justice activities if needed. - (2) An assessment of the effectiveness of the POCT devices - for DDRP random urinalysis testing while ensuring specimen - chain of custody. - (3) A 10-year projection and assessment of the cost savings - associated with the use of POCT devices in the DDRP random - urinalysis testing. - (4) The methodology for calculating the 10-year cost - projection. - (5) An assessment of any other suggested changes to - modernize the DDRP program. - (6) A summary of any programmatic or logistical barriers to - effectively carrying out the use of POCT devices in the DDRP - testing. - -SEC. 540J. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR COURTS - OF CRIMINAL APPEALS. - - (a) Qualifications of Certain Judges.--Section 866(a) of title 10, -United States Code (article 66(a) of the Uniform Code of Military -Justice), is amended-- - (1) by striking ``Each Judge'' and inserting: - ``(1) In general.--Each Judge''; and - (2) by adding at the end the following new paragraph: - ``(2) Additional qualifications.--In addition to any other - qualifications specified in paragraph (1), any commissioned - officer or civilian assigned as an appellate military judge to - a Court of Criminal Appeals shall have not fewer than 12 years - of experience in the practice of law before such assignment.''. - (b) Standard of Review.--Paragraph (1) of section 866(d) of title -10, United States Code (article 66(d) of the Uniform Code of Military -Justice), is amended to read as follows: - ``(1) Cases appealed by accused.-- - ``(A) In general.--In any case before the Court of - Criminal Appeals under subsection (b), the Court may - act only with respect to the findings and sentence as - entered into the record under section 860c of this - title (article 60c). The Court may affirm only such - findings of guilty, and the sentence or such part or - amount of the sentence, as the Court finds correct in - law, and in fact in accordance with subparagraph (B), - and determines, on the basis of the entire record, - should be approved. - ``(B) Factual sufficiency review.-- - ``(i) In an appeal of a finding of guilty - or sentence under paragraph (1)(A), (1)(B), or - (2) of subsection (b), the Court may consider - whether the finding is correct in fact upon - request of the accused if the accused makes a - specific showing of a deficiency in proof. - ``(ii) After an accused has made such a - showing, the Court may weigh the evidence and - determine controverted questions of fact - subject to-- - ``(I) appropriate deference to the - fact that the trial court saw and heard - the witnesses and other evidence; and - ``(II) appropriate deference to - findings of fact entered into the - record by the military judge. - ``(iii) If, as a result of the review - conducted under clause (ii), the Court is - clearly convinced that the finding of guilty or - sentence was against the weight of the - evidence, the Court may dismiss or set aside - the finding, or affirm a lesser finding. - ``(C) Review by full court.--Any determination by - the Court that a finding was clearly against the weight - of the evidence under subparagraph (B) shall be - reviewed by the Court sitting as a whole.''. - (c) Inclusion of Additional Information in Annual Reports.--Section -946a(b)(2) of title 10, United States Code (article 146a(b)(2) of the -Uniform Code of Military Justice), is amended-- - (1) in subparagraph (B), by striking ``and'' at the end; - (2) in subparagraph (C), by striking the period at the end - and inserting ``; and''; and - (3) by adding at the end the following new subparagraph: - ``(D) An analysis of each case in which a Court of - Criminal Appeals made a final determination that a - finding of a court-martial was clearly against the - weight of the evidence, including an explanation of the - standard of appellate review applied in such case.''. - -SEC. 540K. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE UNIFORM - CODE OF MILITARY JUSTICE REGARDING CERTAIN POST-TRIAL - MOTIONS, FILINGS, AND HEARINGS. - - Section 806b(a)(2) of title 10, United States Code (article -6b(a)(2)) of the Uniform Code of Military Justice), is amended-- - (1) by redesignating subparagraphs (D) and (E) as - subparagraphs (E) and (F), respectively; and - (2) by inserting after subparagraph (C) the following new - subparagraph (D): - ``(D) A post-trial motion, filing, or hearing that - may address the finding or sentence of a court-martial - with respect to the accused, unseal privileged or - private information of the victim, or result in the - release of the accused.''. - - Subtitle E--Sexual Assault - -SEC. 541. PROTECTION OF ATTORNEY-CLIENT PRIVILEGE BETWEEN VICTIMS AND - SPECIAL VICTIMS' COUNSEL. - - (a) Special Victims' Counsel.--Subsection (c) of section 1044e of -title 10, United States Code, is amended to read as follows: - ``(c) Nature of Relationship.-- - ``(1) Attorney-client relationship.--The relationship - between a Special Victims' Counsel and a victim in the - provision of legal advice and assistance shall be the - relationship between an attorney and client. - ``(2) Testimony in legal proceedings.--During any criminal - legal proceeding in which a Special Victims' Counsel is asked - to testify or give evidence, the Special Victims' Counsel shall - be given the same consideration as counsel for the Government - and counsel for the accused.''. - (b) Revision to Military Rules of Evidence.--Not later than 180 -days after the date of the enactment of this Act, Rule 502 of the -Military Rules of Evidence shall be modified to provide that the -privilege between a Special Victims' Counsel and a client shall be the -same as lawyer-client privilege. - -SEC. 542. AUTHORITY OF MILITARY JUDGES AND MILITARY MAGISTRATES TO - ISSUE MILITARY COURT PROTECTIVE ORDERS. - - (a) Judge-Issued Military Court Protective Orders.--Chapter 80 of -title 10, United Stated Code, is amended by adding at the end the -following new section: -``Sec. 1567b. Authority of military judges and military magistrates to - issue military court protective orders - ``(a) Authority To Issue Military Court Protective Orders.--The -President shall prescribe regulations authorizing military judges and -military magistrates to issue protective orders in accordance with this -section. A protective order issued in accordance with this section -shall be known as a `military court protective order'. Under the -regulations prescribed by the President, military judges and military -magistrates shall have exclusive jurisdiction over the issuance, -appeal, renewal, and termination of military court protective orders -and such orders may not be issued, appealed, renewed, or terminated by -State, local, territorial, or tribal courts. - ``(b) Enforcement by Civilian Authorities.-- - ``(1) In general.--In prescribing regulations for military - court protective orders, the President shall seek to ensure - that the protective orders are issued in a form and manner that - is enforceable by State, local, territorial, and tribal - civilian law enforcement authorities. - ``(2) Full faith and credit.--Any military court protective - order, should be accorded full faith and credit by the court of - a State, local, territorial, or tribal jurisdiction (the - enforcing jurisdiction) and enforced by the court and law - enforcement personnel of that jurisdiction as if it were the - order of the enforcing jurisdiction. - ``(3) Reciprocity agreements.--Consistent with paragraphs - (1) and (2), the Secretary of Defense shall seek to enter into - reciprocity agreements with State, local, territorial, and - tribal civilian law enforcement authorities under which-- - ``(A) such authorities agree to enforce military - court protective orders; and - ``(B) the Secretary agrees to enforce protective - orders issued by such authorities that are consistent - with section 2265(b) of title 18. - ``(c) Purpose and Form of Issuance.--A military court protective -order may be issued for the purpose of protecting a victim of an -alleged sex or domestic violence offense, or a family member or -associate of the victim, from a person subject to chapter 47 of this -title (the Uniform Code of Military Justice) who is alleged to have -committed such an offense. - ``(d) Timing and Manner of Issuance.--A military court protective -order may be issued-- - ``(1) by a military magistrate, before referral of charges - and specifications to court-martial for trial, at the request - of-- - ``(A) a victim of an alleged sex or domestic - violence offense; or - ``(B) a Special Victims' Counsel or other qualified - counsel acting on behalf of the victim; or - ``(2) by a military judge, after referral of charges and - specifications to court-martial for trial, at the request of - qualified counsel, which may include a Special Victims' Counsel - acting on behalf of the victim or trial counsel acting on - behalf of the prosecution. - ``(e) Duration and Renewal of Protective Order.-- - ``(1) Duration.--A military court protective order shall be - issued for an initial period of thirty days and may be reissued - for one or more additional periods of 30 days in accordance - with paragraph (2). - ``(2) Expiration and renewal.--Before the expiration of any - 30-day period during which a military court protective order is - in effect, a military judge or military magistrate shall review - the order to determine whether the order will terminate at the - expiration of such period or be reissued for an additional - period of 30 days. - ``(3) Notice to protected persons.--If a military judge or - military magistrate determines under paragraph (2) that a - military court protective order will terminate, the judge or - magistrate concerned shall provide to each person protected by - the order reasonable, timely, and accurate notification of the - termination. - ``(f) Review of Magistrate-Issued Orders.-- - ``(1) Review.--A military judge, at the request of the - person subject to a military court protective order that was - issued by a military magistrate, may review the order to - determine if the order was properly issued by the magistrate. - ``(2) Standards of review.--A military judge who reviews an - order under paragraph (1) shall terminate the order if the - judge determines that-- - ``(A) the military magistrate's decision to issue - the order was an abuse of discretion, and there is not - sufficient information presented to the military judge - to justify the order; or - ``(B) information not presented to the military - magistrate establishes that the military court - protective order should be terminated. - ``(g) Due Process.-- - ``(1) Protection of due process.--Except as provided in - paragraph (2), a protective order authorized under subsection - (a) may be issued only after reasonable notice and opportunity - to be heard, directly or through counsel, is given to the - person against whom the order is sought sufficient to protect - that person's right to due process. - ``(2) Emergency orders.--A protective order on an emergency - basis may be issued on an ex parte basis under such rules and - limitations as the President shall prescribe. In the case of ex - parte orders, notice and opportunity to be heard must be - provided within a reasonable time after the order is issued, - sufficient to protect the respondent's due process rights. - ``(h) Rights of Victim.--The victim of an alleged sex or domestic -violence offense who seeks a military court protective order has, in -addition to any rights provided under section 806b (article 6b), the -following rights with respect to any proceeding involving the -protective order: - ``(1) The right to reasonable, accurate, and timely notice - of the proceeding and of any change in the status of the - protective order resulting from the proceeding. - ``(2) The right to be reasonably heard at the proceeding. - ``(3) The right to appear in person, with or without - counsel, at the proceeding. - ``(4) The right be represented by qualified counsel in - connection with the proceeding, which may include a Special - Victims' Counsel. - ``(5) The reasonable right to confer with a representative - of the command of the accused and counsel representing the - government at the proceeding, as applicable. - ``(6) The right to submit a written statement, directly or - through counsel, for consideration by the military judge or - military magistrate presiding over the proceeding. - ``(i) Restrictions on Access to Firearms.-- - ``(1) In general.--Notwithstanding any other provision of - law-- - ``(A) a military court protective order issued on - an ex parte basis shall restrain a person from - possessing, receiving, or otherwise accessing a - firearm; and - ``(B) a military court protective order issued - after the person to be subject to the order has - received notice and opportunity to be heard on the - order, shall restrain such person from possessing, - receiving, or otherwise accessing a firearm in - accordance with section 922 of title 18. - ``(2) Notice to attorney general.--Not later than 72 hours - after the issuance of an order described in paragraph (1), the - Secretary of Defense shall submit to the Attorney General a - record of the order. - ``(j) Treatment as Lawful Order.--A military court protective order -shall be treated as a lawful order for purposes of the application of -section 892 (article 92) and a violation of such an order shall be -punishable under such section (article). - ``(k) Command Matters.-- - ``(1) Inclusion in personnel file.--Any military court - protective order against a member shall be placed and retained - in the military personnel file of the member. - ``(2) Notice to civilian law enforcement of issuance.--Any - military court protective order against a member shall be - treated as a military protective order for purposes of section - 1567a including for purposes of mandatory notification of - issuance to civilian law enforcement as required by that - section. - ``(l) Relationship to Other Authorities.--Nothing in this section -may be construed as prohibiting-- - ``(1) a commanding officer from issuing or enforcing any - otherwise lawful order in the nature of a protective order to - or against members of the officer's command; - ``(2) pretrial restraint in accordance with Rule for - Courts-Martial 304 (as set forth in the Manual for Courts- - Martial, 2019 edition, or any successor rule); or - ``(3) pretrial confinement in accordance with Rule for - Courts-Martial 305 (as set forth in the Manual for Courts- - Martial, 2019 edition, or any successor rule). - ``(m) Delivery to Certain Persons.--A physical and electronic copy -of any military court protective order shall be provided, as soon as -practicable after issuance, to the following: - ``(1) The person or persons protected by the protective - order or to the guardian of such a person if such person is - under the age of 18 years. - ``(2) The person subject to the protective order. - ``(3) To such commanding officer in the chain of command of - the person subject to the protective order as the President - shall prescribe for purposes of this section. - ``(n) Definitions.--In this section: - ``(1) Contact.--The term `contact' includes contact in - person or through a third party, or through gifts. - ``(2) Communication.--The term `communication' includes - communication in person or through a third party, and by - telephone or in writing by letter, data fax, or other - electronic means. - ``(3) Covered sex or domestic violence offense.--The term - `covered sex or domestic violence offense' means-- - ``(A) an alleged sex-related offense (as defined in - section 1044e(h)); or - ``(B) an alleged offense of domestic violence under - section 928b of this title (article 128b of the Uniform - Code of Military Justice) or an attempt to commit such - an offense that is punishable under section 880 of this - title (article 80 of the Uniform Code of Military - Justice). - ``(4) Military judge and military magistrate.--The terms - `military judge' and `military magistrate' mean a commissioned - officer of the armed forces who is a member of the bar of a - Federal court or a member of the bar of the highest court of a - State and who is certified to be qualified, by reason of - education, training, experience, and judicial temperament, for - duty as a military judge or magistrate by the Judge Advocate - General of the armed force of which the officer is a member. - ``(5) Protective order.--The term `protective order' means - an order that-- - ``(A) restrains a person from harassing, stalking, - threatening, or otherwise contacting or communicating - with a victim of an alleged sex or domestic violence - offense, or a family member or associate of the victim, - or engaging in other conduct that would place such - other person in reasonable fear of bodily injury to any - such other person; - ``(B) by its terms, explicitly prohibits-- - ``(i) the use, attempted use, or threatened - use of physical force by the person against a - victim of an alleged sex or domestic violence - offense, or a family member or associate of the - victim, that would reasonably be expected to - cause bodily injury; - ``(ii) the initiation by the person - restrained of any contact or communication with - such other person; or - ``(iii) actions described by both clauses - (i) and (ii). - ``(6) Special victims' counsel.--The term `Special Victims - Counsel' means a Special Victims' Counsel described in section - 1044e and includes a Victims' Legal Counsel of the Navy.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such chapter is amended by adding at the end the following new item: - -``1567b. Authority of military judges and military magistrates to issue - military court protective orders.''. - (c) Implementation.--The President shall prescribe regulations -implementing section 1567b of title 10, United States Code, not later -than 1 year after the date of the enactment of this Act. - -SEC. 543. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE DEFENSE - ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL - MISCONDUCT. - - Section 550B(c)(2) of the National Defense Authorization Act for -Fiscal Year 2020 (Public Law 116-92) is amended-- - (1) by redesignating subparagraph (C) as subparagraph (E); - and - (2) by inserting after subparagraph (B) the following new - subparagraphs: - ``(C) Efforts among private employers to prevent - sexual assault and sexual harassment among their - employees. - ``(D) Evidence-based studies on the prevention of - sexual assault and sexual harassment in the Armed - Forces, institutions of higher education, and the - private sector.''. - -SEC. 544. MODIFICATION OF REPORTING AND DATA COLLECTION ON VICTIMS OF - SEXUAL OFFENSES. +``1561b. Confidential reporting of sexual harassment.''. + (b) Plan for Implementation.--The Secretary of Defense shall submit +to the Committees on Armed Services of the Senate and the House of +Representatives a report setting forth a plan for the implementation of +the process for confidential reporting of sexual harassment required by +section 1561b of title 10, United States Code (as added by subsection +(a)). The plan shall include the date on which the process is +anticipated to be fully implemented. + (c) Plan for Access to Confidential Reports To Identify Serial +Harassers.--Not later than one year after the implementation of the +process for confidential reporting of sexual harassment required by +section 1561b of title 10, United States Code (as so added), the +Secretary of Defense shall submit to the Committees on Armed Services +of the Senate and the House of Representatives a report setting forth a +plan to allow an individual who files a confidential report of sexual +harassment pursuant to the process to elect to permit a military +criminal investigative organization to access certain information in +the confidential report, including identifying information of the +alleged perpetrator (if available), for the purpose of identifying +individuals who are suspected of multiple incidents of sexual +harassments, without such access affecting the confidential nature of +the confidential report. The report shall specify the information to be +accessible by criminal investigative organizations pursuant to the +plan. + SEC. 533. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE DEFENSE + ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT. + Section 550B of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C. 1561 note) is +amended in subsection (c)(2)-- + (1) by redesignating subparagraph (C) as subparagraph (E); and + (2) by inserting after subparagraph (B) the following new + subparagraphs: + ``(C) Efforts among private employers to prevent sexual + assault and sexual harassment among their employees. + ``(D) Evidence-based studies on the prevention of sexual + assault and sexual harassment in the Armed Forces, institutions + of higher education, and the private sector.''. + SEC. 534. ADDITIONAL MATTERS FOR 2021 REPORT OF THE DEFENSE + ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT. + Section 550B of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C. 1561 note), as +amended by section 533 of this Act, is further amended by adding at the +end of subsection (d) the following: ``The report in 2021 shall also +include the following: + ``(1) A description and assessment of the extent and + effectiveness of the inclusion by the Armed Forces of sexual + assault prevention and response training in leader professional + military education (PME), especially in such education for + personnel in junior noncommissioned officer grades. + ``(2) An assessment of the feasibility of-- + ``(A) the screening before entry into military service of + recruits who may have been the subject or perpetrator of prior + incidents of sexual assault and harassment, including through + background checks; and + ``(B) the administration of screening tests to recruits to + assess recruit views and beliefs on equal opportunity, and + whether such views and beliefs are compatible with military + service. + ``(3) An assessment of the feasibility of conducting exit + interviews of members of the Armed Forces upon their discharge + release from the Armed Forces in order to determine whether they + experienced or witnessed sexual assault or harassment during + military service and did not report it, and an assessment of the + feasibility of combining such exit interviews with the Catch a + Serial Offender (CATCH) Program of the Department of Defense. + ``(4) An assessment whether the sexual assault reporting + databases of the Department are sufficiently anonymized to ensure + privacy while still providing military leaders with the information + as follows: + ``(A) The approximate length of time the victim and the + assailant had been at the duty station at which the sexual + assault occurred. + ``(B) The percentage of sexual assaults occurring while the + victim or assailant were on temporary duty, leave, or otherwise + away from their permanent duty station. + ``(C) The number of sexual assaults that involve an abuse + of power by a commander or supervisor.''. + SEC. 535. INCLUSION OF ADVISORY DUTIES ON THE COAST GUARD ACADEMY + AMONG DUTIES OF DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF + SEXUAL MISCONDUCT. + Section 550B of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C. 1561 note), as +amended by sections 533 and 534 of this Act, is further amended-- + (1) in subsection (c)(1)(B), by inserting ``, including the + United States Coast Guard Academy,'' after ``academy''; + (2) by redesignating subsections (d), (e), and (f) as + subsections (e), (f), and (g), respectively; + (3) by inserting after subsection (c) the following new + subsection (d): + ``(d) Advisory Duties on Coast Guard Academy.--In providing advice +under subsection (c)(1)(B), the Advisory Committee shall also advise +the Secretary of the Department in which the Coast Guard is operating +in accordance with this section on policies, programs, and practices of +the United States Coast Guard Academy.''; and + (4) in subsection (e) and paragraph (2) of subsection (g), as + redesignated by paragraph (2) of this section, by striking ``the + Committees on Armed Services of the Senate and the House of + Representatives'' each place it appears and inserting ``the + Committees on Armed Services and Commerce, Science, and + Transportation of the Senate and the Committees on Armed Services + and Transportation and Infrastructure of the House of + Representatives''. + SEC. 536. MODIFICATION OF REPORTING AND DATA COLLECTION ON VICTIMS + OF SEXUAL OFFENSES. Section 547 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1561 note) is amended-- - (1) in subsection (a)-- - (A) in paragraph (1)-- - (i) by striking ``accused of'' and - inserting ``suspected of''; and - (ii) by striking ``assault'' and inserting - ``offense''; - (B) in paragraph (2), by striking ``accused of'' - and inserting ``suspected of''; and - (C) in paragraph (3)-- - (i) by striking ``assaults'' and inserting - ``offenses''; and - (ii) by striking ``an accusation'' and - inserting ``suspicion of''; - (2) by redesignating subsection (b) as subsection (c); - (3) by inserting after subsection (b) the following new - subsection: + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking ``accused of'' and inserting + ``suspected of''; and + (ii) by striking ``assault'' and inserting ``offense''; + (B) in paragraph (2), by striking ``accused of'' and + inserting ``suspected of''; and + (C) in paragraph (3)-- + (i) by striking ``assaults'' and inserting + ``offenses''; and + (ii) by striking ``an accusation'' and inserting + ``suspicion of''; + (2) by redesignating subsection (b) as subsection (c); + (3) by inserting after subsection (a) the following new + subsection (b): ``(b) Guidance Required.--The Secretary of Defense shall issue guidance to ensure the uniformity of the data collected by each Armed Force for purposes of subsection (a). At a minimum, such guidance shall establish-- - ``(1) standardized methods for the collection of the data - required to be reported under such subsection; and - ``(2) standardized definitions for the terms `sexual - offense', `collateral miconduct', and `adverse action'.''; and - (4) by amending subsection (c), as so redesignated, to read - as follows: + ``(1) standardized methods for the collection of the data + required to be reported under such subsection; and + ``(2) standardized definitions for the terms `sexual offense', + `collateral miconduct', and `adverse action'.''; and + (4) by amending subsection (c), as redesignated by paragraph + (2), to read as follows: ``(c) Definitions.--In this section: - ``(1) The term `covered individual' means an individual who - is identified in the case files of a military criminal - investigative organization as a victim of a sexual offense that - occurred while that individual was serving on active duty as a - member of the Armed Forces. - ``(2) The term `suspected of', when used with respect to a - covered individual suspected of collateral misconduct or crimes - as described in subsection (a), means that an investigation by - a military criminal investigative organization reveals facts - and circumstances that would lead a reasonable person to - believe that the individual committed an offense under chapter - 47 of title 10, United States Code (the Uniform Code of - Military Justice).''. - -SEC. 545. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS - INVOLVING MEMBERS OF THE ARMED FORCES. - - (a) Submission to Congress.--Section 1631(d) of the Ike Skelton -National Defense Authorization Act for Fiscal Year 2011 (Public Law -111-383; 10 U.S.C. 1561 note) is amended by inserting ``and the -Committees on Veterans' Affairs of the Senate and the House of + ``(1) The term `covered individual' means an individual who is + identified in the case files of a military criminal investigative + organization as a victim of a sexual offense that occurred while + that individual was serving on active duty as a member of the Armed + Forces. + ``(2) The term `suspected of', when used with respect to a + covered individual suspected of collateral misconduct or crimes as + described in subsection (a), means that an investigation by a + military criminal investigative organization reveals facts and + circumstances that would lead a reasonable person to believe that + the individual committed an offense under chapter 47 of title 10, + United States Code (the Uniform Code of Military Justice).''. + SEC. 537. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS + INVOLVING MEMBERS OF THE ARMED FORCES. + (a) Additional Recipients.--Subsection (d) of section 1631 of the +Ike Skelton National Defense Authorization Act for Fiscal Year 2011 +(Public Law 111-383; 10 U.S.C. 1561 note) is amended by inserting ``and +the Committees on Veterans' Affairs of the Senate and the House of Representatives'' after ``House of Representatives''. (b) Applicability.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to -reports required to be submitted under section 1631 of the Ike Skelton -National Defense Authorization Act for Fiscal Year 2011 (Public Law -111-383; 10 U.S.C. 1561 note) on or after such date. - -SEC. 546. COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL TRAUMA. - - (a) In General.--Not later than 1 year after the date of the +reports required to be submitted under such section on or after such +date. + SEC. 538. COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL TRAUMA. + (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretaries of Defense and Veterans Affairs shall jointly develop, implement, and maintain a standard of coordinated care for members of the Armed Forces who are survivors of @@ -12234,74 +12683,66 @@ sexual trauma. Such standard shall include the following: (b) Minimum Elements.--The standard developed and implemented under subsection (a) by the Secretaries of Defense and Veterans Affairs shall include the following: - (1) Information for members of the armed forces.--The - Secretary of Defense shall ensure that-- - (A) Sexual Assault Response Coordinators and - Uniformed Victim Advocates receive annual training on - resources of the Department of Veterans Affairs - regarding sexual trauma; - (B) information regarding services furnished by the - Secretary of Veterans Affairs to survivors of sexual - trauma is provided to each such survivor; and - (C) information described in subparagraph (B) is - posted in the following areas in each facility of the - Department of Defense: - (i) An office of the Family Advocacy - Program. - (ii) An office of a mental health care - provider. - (iii) Each area in which sexual assault - prevention staff normally post notices or - information. - (iv) High-traffic areas (including dining - facilities). - (2) Coordination between staff of the departments.--The - Secretaries shall ensure that a Sexual Assault Response - Coordinator or Uniformed Victim Advocate of the Department of - Defense who receives a report of an instance of sexual trauma - connects the survivor to the Military Sexual Trauma Coordinator - of the Department of Veterans Affairs at the facility of that - Department nearest to the residence of that survivor if that - survivor is a member separating or retiring from the Armed - Forces. + (1) Information for members of the armed forces.--The Secretary + of Defense shall ensure that-- + (A) Sexual Assault Response Coordinators and Uniformed + Victim Advocates receive annual training on resources of the + Department of Veterans Affairs regarding sexual trauma; + (B) information regarding services furnished by the + Secretary of Veterans Affairs to survivors of sexual trauma is + provided to each such survivor; and + (C) information described in subparagraph (B) is posted in + the following areas in each facility of the Department of + Defense: + (i) An office of the Family Advocacy Program. + (ii) An office of a mental health care provider. + (iii) Each area in which sexual assault prevention + staff normally post notices or information. + (iv) High-traffic areas (including dining facilities). + (2) Coordination between staff of the departments.--The + Secretaries shall ensure that a Sexual Assault Response Coordinator + or Uniformed Victim Advocate of the Department of Defense who + receives a report of an instance of sexual trauma connects the + survivor to the Military Sexual Trauma Coordinator of the + Department of Veterans Affairs at the facility of that Department + nearest to the residence of that survivor if that survivor is a + member separating or retiring from the Armed Forces. (c) Reports.-- - (1) Report on residential treatment.--Not later than 180 - days after the date of the enactment of this Act, the - Secretaries of Defense and Veterans Affairs shall provide a - report to the appropriate committees of Congress regarding the - availability of residential treatment programs for survivors of - sexual trauma, including-- - (A) barriers to access for such programs; and - (B) resources required to reduce such barriers. - (2) Initial report.--Upon implementation of the standard - under subsection (a), the Secretaries of Defense and Veterans - Affairs shall jointly submit to the appropriate committees of - Congress a report on the standard. - (3) Progress reports.--Not later than 180 days after - submitting the initial report under paragraph (2), and on - December 1 of each subsequent year, the Secretaries of Defense - and Veterans Affairs shall jointly submit to the appropriate - committees of Congress a report on the progress of the - Secretaries in implementing and improving the standard. - (4) Updates.--Whenever the Secretaries of Defense and - Veterans Affairs update the standard developed under subsection - (a), the Secretaries shall jointly submit to the appropriate - committees of Congress a report on such update, including a - comprehensive and detailed description of such update and the - reasons for such update. + (1) Report on residential treatment.--Not later than 180 days + after the date of the enactment of this Act, the Secretaries of + Defense and Veterans Affairs shall provide a report to the + appropriate committees of Congress regarding the availability of + residential treatment programs for survivors of sexual trauma, + including-- + (A) barriers to access for such programs; and + (B) resources required to reduce such barriers. + (2) Initial report.--Upon implementation of the standard under + subsection (a), the Secretaries of Defense and Veterans Affairs + shall jointly submit to the appropriate committees of Congress a + report on the standard. + (3) Progress reports.--Not later than 180 days after submitting + the initial report under paragraph (2), and on December 1 of each + subsequent year, the Secretaries of Defense and Veterans Affairs + shall jointly submit to the appropriate committees of Congress a + report on the progress of the Secretaries in implementing and + improving the standard. + (4) Updates.--Whenever the Secretaries of Defense and Veterans + Affairs update the standard developed under subsection (a), the + Secretaries shall jointly submit to the appropriate committees of + Congress a report on such update, including a comprehensive and + detailed description of such update and the reasons for such + update. (d) Definitions.--In this section: - (1) The term ``sexual trauma'' means psychological trauma - described in section 1720D(a)(1) of title 38, United States - Code. - (2) The term ``appropriate committees of Congress'' means-- - (A) the Committees on Veterans' Affairs of the - House of Representatives and the Senate; and - (B) the Committees on Armed Services of the House - of Representatives and the Senate. - -SEC. 547. POLICY ON SEPARATION OF VICTIM AND ACCUSED AT MILITARY - SERVICE ACADEMIES. - + (1) The term ``sexual trauma'' means a condition described in + section 1720D(a)(1) of title 38, United States Code. + (2) The term ``appropriate committees of Congress'' means-- + (A) the Committees on Veterans' Affairs of the House of + Representatives and the Senate; and + (B) the Committees on Armed Services of the House of + Representatives and the Senate. + SEC. 539. POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARATION OF + ALLEGED VICTIMS AND ALLEGED PERPETRATORS IN INCIDENTS OF SEXUAL + ASSAULT. (a) In General.--The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, prescribe in regulations a policy @@ -12310,47 +12751,50 @@ the alleged victim of a sexual assault and a cadet or midshipman who is the alleged perpetrator of such assault shall, to the extent practicable, each be given the opportunity to complete their course of study at the academy without-- - (1) taking classes together; or - (2) otherwise being in close proximity to each other during - mandatory activities. + (1) taking classes together; or + (2) otherwise being in close proximity to each other during + mandatory activities. (b) Elements.--The Secretary of Defense shall ensure that the policy developed under subsection (a)-- - (1) protects the alleged victim as necessary, including by - prohibiting retaliatory harassment; - (2) allows both the victim and the accused to complete - their course of study at the institution with minimal - disruption; - (3) protects the privacy of both the victim and the accused - by ensuring that information about the alleged sexual assault - and the individuals involved is not revealed to third parties - who are not specifically authorized to receive such information - in the course of performing their regular duties, except that - such policy shall not preclude the alleged victim or the - alleged perpetrator from making such disclosures to third - parties; and - (4) minimizes the burden on the alleged victim when taking - steps to separate the alleged victim and alleged perpetrator. + (1) permits an alleged victim to elect not to be covered by the + policy with respect to a particular incident of sexual assault; + (2) protects the alleged victim as necessary, including by + prohibiting retaliatory harassment; + (3) minimizes the prejudicial impact of the policy, to the + extent practicable, on both the alleged victim and the alleged + perpetrator, and allows the alleged victim and the alleged + perpetrator to complete their course of study at the institution + with minimal disruption; + (4) protects the privacy of both the alleged victim and the + alleged perpetrator by ensuring that information about the alleged + sexual assault and the individuals involved is not revealed to + third parties who are not specifically authorized to receive such + information in the course of performing their regular duties, + except that such policy shall not preclude the alleged victim or + the alleged perpetrator from making such disclosures to third + parties; and + (5) minimizes the burden on the alleged victim when taking + steps to separate the alleged victim and alleged perpetrator. (c) Special Rule.--The policy developed under subsection (a) shall not preclude a military service academy from taking other administrative or disciplinary action when appropriate. (d) Military Service Academy Defined.--In this section, the term ``military service academy'' means the following: - (1) The United States Military Academy. - (2) The United States Naval Academy. - (3) The United States Air Force Academy. - -SEC. 548. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES. - + (1) The United States Military Academy. + (2) The United States Naval Academy. + (3) The United States Air Force Academy. + (4) The United States Coast Guard Academy. +SEC. 539A. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES. (a) In General.--The Secretary of Defense shall, in consultation with the Secretaries of the military departments, prescribe in regulations a safe-to-report policy described in subsection (b) that -applies with respect to all members of the covered Armed Forces -(including members of the reserve components of the covered Armed -Forces) and cadets and midshipmen at the military service academies. - (b) Safe-To-Report Policy.--The safe-to-report policy described in +applies with respect to all members of the Armed Forces (including +members of the reserve components of the Armed Forces) and cadets and +midshipmen at the military service academies. + (b) Safe-to-report Policy.--The safe-to-report policy described in this subsection is a policy that prescribes the handling of minor -collateral misconduct involving a member of the covered Armed Forces -who is the alleged victim of sexual assault. +collateral misconduct involving a member of the Armed Forces who is the +alleged victim of sexual assault. (c) Aggravating Circumstances.--The regulations under subsection (a) shall specify aggravating circumstances that increase the gravity of minor collateral misconduct or its impact on good order and @@ -12360,230 +12804,65 @@ with the issuance of regulations under subsection (a), Secretary shall develop and implement a process to track incidents of minor collateral misconduct that are subject to the safe-to-report policy. (e) Definitions.--In this section: - (1) The term ``covered Armed Forces'' has the meaning given - the term ``armed forces'' in section 101(a)(4) of title 10, - United States Code, except such term does not include the Coast - Guard. - (2) The term ``military service academy'' means the - following: - (A) The United States Military Academy. - (B) The United States Naval Academy. - (C) The United States Air Force Academy. - (3) The term ``minor collateral misconduct'' means any - minor misconduct that is potentially punishable under chapter - 47 of title 10, United States Code (the Uniform Code of - Military Justice), that-- - (A) is committed close in time to or during the - sexual assault, and directly related to the incident - that formed the basis of the sexual assault allegation; - (B) is discovered as a direct result of the report - of sexual assault or the ensuing investigation into the - sexual assault; and - (C) does not involve aggravating circumstances (as - specified in the regulations prescribed under - subsection (c)) that increase the gravity of the minor - misconduct or its impact on good order and discipline. - -SEC. 549. QUESTION IN WORKPLACE AND GENDER RELATIONS SURVEYS REGARDING - PROSECUTIONS OF SEXUAL ASSAULT. - - (a) In General.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of Defense shall include in the -covered surveys a question regarding whether a member of an Armed Force -under the jurisdiction of the Secretary of a military department would -be more willing to report a sexual assault if prosecution decisions -were made by lawyers and not commanders. - (b) Covered Surveys Defined.--In this section, the term ``covered -surveys'' means the workplace and gender relations surveys and focus -groups administered by the Office of People Analytics of the Department -of Defense, including-- - (1) the Workplace and Gender Relations Survey of Active - Duty Members; - (2) the Workplace and Gender Relations Survey of Reserve - Component Members; - (3) the Military Service Gender Relations Focus Group; and - (4) any successor survey or focus group. - -SEC. 550. PILOT PROGRAM ON PROSECUTION OF SPECIAL VICTIM OFFENSES - COMMITTED BY ATTENDEES OF MILITARY SERVICE ACADEMIES. - - (a) Pilot Program.--Beginning not later than January 1, 2021, the -Secretary of Defense shall carry out a pilot program (referred to in -this Act as the ``Pilot Program'') under which the Secretary shall -establish, in accordance with this section, an independent authority -to-- - (1) review each covered special victim offense; and - (2) determine whether such offense shall be referred to - trial by an appropriate court-martial convening authority. - (b) Office of the Chief Prosecutor.-- - (1) Establishment.--As part of the Pilot Program, the - Secretary shall establish, within the Office of the Secretary - of Defense, an Office of the Chief Prosecutor. - (2) Head of office.--The head of the Office shall be known - as the Chief Prosecutor. The Secretary shall appoint as the - Chief Prosecutor a commissioned officer in the grade of O-7 or - above who-- - (A) has significant experience prosecuting sexual - assault trials by court-martial; and - (B) is outside the chain of command of any cadet or - midshipman described in subsection (f)(2). - (3) Responsibilities.--The Chief Prosecutor shall exercise - the authorities described in subsection (c) but only with - respect to covered special victim offenses. - (4) Special rule.--Notwithstanding any other provision of - law, the military service from which the Chief Prosecutor is - appointed is authorized an additional billet for a general - officer or a flag officer for each year in the 2-year period - beginning with the year in which the appointment is made. - (5) Termination.--The Office of the Chief Prosecutor shall - terminate on the date on which the Pilot Program terminates - under subsection (e). - (c) Referral to Office of the Chief Prosecutor.-- - (1) Investigation phase.-- - (A) Notice and information.--A military criminal - investigative organization that receives an allegation - of a covered special victim offense shall provide to - the Chief Prosecutor and the commander of the military - service academy concerned-- - (i) timely notice of such allegation; and - (ii) any information and evidence obtained - as the result a subsequent investigation into - the allegation. - (B) Trial counsel.--A trial counsel assigned to a - case involving a covered special victim offense shall, - during the investigative phase of such case, provide - the Chief Prosecutor with the information necessary to - enable the Chief Prosecutor to make the determination - required under paragraph (3). - (2) Referral to chief prosecutor.--In the case of a charge - relating to a covered special victim offense, in addition to - referring the charge to the staff judge advocate under - subsection (a) or (b) of section 834 of title 10, United States - Code (article 34 of the Uniform Code of Military Justice), the - convening authority of the Armed Force of which the accused is - a member shall refer, as soon as reasonably practicable, the - charge to the Chief Prosecutor to make the determination - required by paragraph (3). - (3) Prosecutorial determination.--The Chief Prosecutor - shall make a determination regarding whether a charge relating - to a covered special victim offense shall be referred to trial. - If the Chief Prosecutor makes a determination that the charge - shall be tried by court-martial, the Chief Prosecutor also - shall determine whether the charge shall be tried 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 such title (article 23 of the Uniform Code of Military - Justice). The determination of whether to try a charge relating - to a covered special victim offense by court-martial shall - include a determination of whether to try any known offenses, - including any lesser included offenses. - (4) Effect of determination and appeals process.-- - (A) Determination to proceed to trial.--Subject to - subparagraph (C), a determination to try a charge - relating to a covered special victim offense by court- - martial under paragraph (3), and the determination as - to the type of court-martial, shall be binding on any - convening authority under chapter 47 of title 10, - United States Code (the Uniform Code of Military - Justice) for a trial by court-martial on the charge. - (B) Determination not to proceed to trial.--Subject - to subparagraph (C), a determination under paragraph - (3) not to proceed to trial on a charge relating to a - covered special victim offense by general or special - court-martial shall be binding on any convening - authority under chapter 47 of title 10, United States - Code (the Uniform Code of Military Justice) except that - such determination shall not operate to terminate or - otherwise alter the authority of the convening - authority-- - (i) to proceed to trial by court-martial on - charges of collateral misconducted related to - the special victim offense; or - (ii) to impose non-judicial punishment in - connection with the conduct covered by the - charge as authorized by section 815 of such - title (article 15 of the Uniform Code of - Military Justice). - (C) Appeal.--In a case in which a convening - authority and the staff judge advocate advising such - authority disagree with the determination of the Chief - Prosecutor under paragraph (3), the convening authority - and staff judge advocate may jointly appeal the - determination to the General Counsel of the Department - of Defense. The determination of the General Counsel - with respect to such appeal shall be binding on the - Chief Prosecutor and the convening authority concerned. - (5) Trial by randomized jury.--After the Chief Prosecutor - makes a determination under paragraph (3) to proceed to trial - on a charge relating to a covered special victim offense, the - matter shall be tried by a court-martial convened within the - Armed Force of which the accused is a member in accordance with - the applicable provisions of chapter 47 of title 10, United - States Code (the Uniform Code of Military Justice) except that, - when convening a court-martial that is a general or special - court-martial involving a covered special victim offense in - which the accused elects a jury trial, the convening authority - shall detail members of the Armed Forces as members thereof at - random unless the obtainability of members of the Armed Forces - for such court-martial prevents the convening authority from - detailing such members at random. - (6) Unlawful influence or coercion.--The actions of the - Chief Prosecutor under this subsection whether or not to try - charges by court-martial shall be free of unlawful or - unauthorized influence or coercion. - (d) Effect on Other Law.--This section shall supersede any -provision of chapter 47 of title 10, United States Code (the Uniform -Code of Military Justice), that is inconsistent with this section, but -only to the extent of the inconsistency. - (e) Termination and Transition.-- - (1) Termination.--The authority of the Secretary to carry - out the Pilot Program shall terminate 4 years after the date on - which the Pilot Program is initiated. - (2) Transition.--The Secretary shall take such actions as - are necessary to ensure that, on the date on which the Pilot - Program terminates under paragraph (1), any matter referred to - the Chief Prosecutor under subsection (c)(2), but with respect - to which the Chief Prosecutor has not made a determination - under subsection (c)(3), shall be transferred to the - appropriate convening authority for consideration. - (f) Definitions.--In this Act: - (1) The term ``Armed Force'' means an Armed Force under the - jurisdiction of the Secretary of a military department. - (2) The term ``covered special victim offense'' means a - special victim offense-- - (A) alleged to have been committed on or after the - date of the enactment of this Act by a cadet of the - United States Military Academy or the United States Air - Force Academy, without regard to the location at which - the offense was committed; or - (B) alleged to have been committed on or after the - date of the enactment of this Act by a midshipman of - the United States Naval Academy, without regard to the - location at which the offense was committed. - (3) The term ``Secretary'' means the Secretary of Defense. - (4) The term ``special victim offense'' means any of the - following: - (A) An offense under section 917a, 920, 920b, 920c, - or 930 of title 10, United States Code (article 117a, - 120, 120b, 120c, or 130 of the Uniform Code of Military - Justice). - (B) A conspiracy to commit an offense specified in - subparagraph (A) as punishable under section 881 of - such title (article 81 of the Uniform Code of Military - Justice). - (C) A solicitation to commit an offense specified - in subparagraph (A) as punishable under section 882 of - such title (article 82 of the Uniform Code of Military - Justice). - (D) An attempt to commit an offense specified in - subparagraph (A) as punishable under section 880 of - such title (article 80 of the Uniform Code of Military - Justice). - -SEC. 550A. REPORT ON STATUS OF INVESTIGATIONS OF ALLEGED SEX-RELATED - OFFENSES. - + (1) The term ``Armed Forces'' has the meaning given that term + in section 101(a)(4) of title 10, United States Code, except such + term does not include the Coast Guard. + (2) The term ``military service academy'' means the following: + (A) The United States Military Academy. + (B) The United States Naval Academy. + (C) The United States Air Force Academy. + (3) The term ``minor collateral misconduct'' means any minor + misconduct that is potentially punishable under chapter 47 of title + 10, United States Code (the Uniform Code of Military Justice), + that-- + (A) is committed close in time to or during the sexual + assault, and directly related to the incident that formed the + basis of the sexual assault allegation; + (B) is discovered as a direct result of the report of + sexual assault or the ensuing investigation into the sexual + assault; and + (C) does not involve aggravating circumstances (as + specified in the regulations prescribed under subsection (c)) + that increase the gravity of the minor misconduct or its impact + on good order and discipline. +SEC. 539B. ACCOUNTABILITY OF LEADERSHIP OF THE DEPARTMENT OF DEFENSE +FOR DISCHARGING THE SEXUAL HARASSMENT POLICIES AND PROGRAMS OF THE +DEPARTMENT. + (a) Strategy on Holding Leadership Accountable Required.--The +Secretary of Defense shall develop and implement Department of Defense- +wide a strategy to hold individuals in positions of leadership in the +Department (including members of the Armed Forces and civilians) +accountable for the promotion, support, and enforcement of the policies +and programs of the Department on sexual harassment. + (b) Oversight Framework.-- + (1) In general.--The strategy required by subsection (a) shall + provide for an oversight framework for the efforts of the + Department of Defense to promote, support, and enforce the policies + and programs of the Department on sexual harassment. + (2) Elements.--The oversight framework required by paragraph + (1) shall include the following: + (A) Long-term goals, objectives, and milestones in + connection with the policies and programs of the Department on + sexual harassment. + (B) Strategies to achieve the goals, objectives, and + milestones referred to in subparagraph (A). + (C) Criteria for assessing progress toward the achievement + of the goals, objectives, and milestones referred to in + subparagraph (A). + (D) Criteria for assessing the effectiveness of the + policies and programs of the Department on sexual harassment. + (E) Mechanisms to ensure that adequate resources are + available to the Office of the Secretary of Defense to develop + and discharge the oversight framework. + (c) Report.--Not later than one year 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 actions taken to carry out this +section, including the strategy developed and implemented pursuant to +subsection (a), and the oversight framework developed and implemented +pursuant to subsection (b). +SEC. 539C. REPORTS ON STATUS OF INVESTIGATIONS OF ALLEGED SEX-RELATED +OFFENSES. (a) Reports Required.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter through December 31, 2025, the Secretary of each military department shall submit to the @@ -12593,512 +12872,2073 @@ investigations into alleged sex-related offenses. respect to investigations into alleged sex-related offenses carried out by military criminal investigative organizations under the jurisdiction of the Secretary concerned during the preceding year, the following: - (1) The total number of investigations. - (2) For each investigation-- - (A) the date the investigation was initiated; and - (B) an explanation of whether the investigation is - in-progress or complete as of the date of the report - and, if complete, the date on which the investigation - was completed. - (3) The total number of investigations that are complete as - of the date of the report. - (4) The total number of investigations that are in-progress - as of the date of the report. - (5) For investigations lasting longer than 180 days, an - explanation of the primary reasons for the extended duration of - the investigation. + (1) The total number of investigations. + (2) For each investigation-- + (A) the date the investigation was initiated; and + (B) an explanation of whether the investigation is in- + progress or complete as of the date of the report and, if + complete, the date on which the investigation was completed. + (3) The total number of investigations that are complete as of + the date of the report. + (4) The total number of investigations that are in-progress as + of the date of the report. + (5) For investigations lasting longer than 180 days, a general + explanation of the primary reasons for the extended duration of + such investigations. (c) Definitions.--In this section: - (1) The term ``alleged sex-related offense'' has the - meaning given that term in section 1044(e)(h) of title 10, - United States Code. - (2) The term ``complete'' when used with respect to an - investigation of an alleged sex-related offense, means the - active phase of the investigation is sufficiently complete to - enable the appropriate authority to reach a decision with - respect to the disposition of charges for the offense. - -SEC. 550B. REPORT ON SEXUAL ABUSE AND HARASSMENT OF RECRUITS DURING - MEDICAL EXAMINATIONS PRIOR TO ENTRY INTO THE ARMED - FORCES. - - Not later than 90 days after the date of the enactment of this Act, -the Secretary of Defense shall submit to Congress a report on the -prevalence of sexual abuse and harassment of persons during the medical -examination that precedes entry into the Armed Forces. Such report -shall include the following: - (1) The number of incidents of sexual abuse or harassment - that have been reported since 2000, if available. - (2) A description of the process by which the Department of - Defense tracks the incidents of sexual abuse or harassment, if - applicable. - (3) A plan to establish a process by which the Department - tracks the incidents of sexual abuse or harassment, including - of the medical professionals involved, if such a process does - not exist. - (4) A plan to provide awareness training regarding sexual - abuse and harassment provided to medical professionals who - perform such examinations, if such training does not exist. - (5) A plan to provide recruits with information on their - rights and responsibilities in the event they face sexual abuse - and harassment that is incident to service but prior to - starting service in the Armed Forces, if such information does - not exist. - (6) A description of the legal redress available to persons - who experience such sexual abuse and harassment, including - through the Uniform Code of Military Justice, for those who - enter the Armed Forces. - -SEC. 550C. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT. - - (a) Establishment.--Chapter 80 of title 10, United States Code, is -amended by inserting after section 1561a the following new section: -``Sec. 1561b. Confidential reporting of sexual harassment - ``(a) Establishment.--Notwithstanding section 1561 of this title, -the Secretary of Defense shall prescribe regulations establishing a -process by which a member of an armed force under the jurisdiction of -the Secretary of a military department may confidentially allege a -complaint of sexual harassment to an individual outside the immediate -chain of command of that member. - ``(b) Investigation.--An individual designated to receive -complaints under subsection (a)-- - ``(1) shall maintain the confidentiality of the member - alleging the complaint; - ``(2) shall provide to the member alleging the complaint - the option-- - ``(A) to file a formal or informal report of sexual - harassment; and - ``(B) to include reports related to such complaint - in the Catch a Serial Offender Program; and - ``(3) shall provide to the commander of the complainant a - report-- - ``(A) regarding the complaint; and - ``(B) that does not contain any personally - identifiable information regarding the complainant. - ``(c) Education; Tracking; Reporting.--The Secretary of Defense -shall-- - ``(1) educate members under the jurisdiction of the - Secretary of a military department regarding the process - established under this section; - ``(2) track complaints alleged pursuant to the process - established under this section; and - ``(3) submit annually to the Committees on Armed Services - of the Senate and House of Representatives a report containing - data (that does not contain any personally identifiable - information) relating to such complaints.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such chapter is amended by inserting after the item relating to section -1561b the following new item: - -``1561b. Confidential reporting of sexual harassment.''. - (c) Implementation.--The Secretary shall carry out section 1561b of -title 10, United States Code, as added by subsection (a), not later -than 1 year after the date of the enactment of this Act. - - Subtitle F--Member Education, Training, and Transition - -SEC. 551. COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM REGARDING - SEXUAL ASSAULT, SEXUAL OR GENDER HARASSMENT, AND INTIMATE - PARTNER VIOLENCE. - - Section 1142(b) of title 10, United States Code, is amended by -adding at the end the following new paragraph: - ``(20) Information concerning health care (including mental - health care) furnished by the Secretary of Veterans Affairs to - veterans and members of the Armed Forces who have survived - sexual assault, sexual or gender harassment, or intimate - partner violence.''. - -SEC. 552. MEDICAL OR ADMINISTRATIVE DISCHARGE AS A PATHWAY FOR - COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM. - - Section 1142(c)(1) of title 10, United States Code, is amended-- - (1) in subparagraph (E), by striking ``Disability'' and - inserting ``Potential or confirmed medical discharge of the - member''; and - (2) in subparagraph (F), by striking ``Character'' and all - that follows and inserting ``Potential or confirmed involuntary - separation of the member.''. - -SEC. 553. FAMILY DYNAMICS AS PATHWAYS FOR COUNSELING IN THE TRANSITION - ASSISTANCE PROGRAM. - - Section 1142(c)(1) of title 10, United States Code, as amended by -section (a), is further amended-- - (1) by redesignating subparagraph (M) as subparagraph (R); - and - (2) by inserting after subparagraph (L) the following: - ``(M) Child care requirements of the member (including - whether a dependent of the member is enrolled in the - Exceptional Family Member Program). - ``(N) The employment status of other adults in the - household of the member. - ``(O) The location of the duty station of the member - (including whether the member was separated from family while - on duty). - ``(P) The effects of operating tempo and personnel tempo on - the member and the household of the member. - ``(Q) Whether the member is an Indian or urban Indian, as - those terms are defined in section 4 of the Indian Health Care - Improvement Act (Public Law 94-437; 25 U.S.C. 1603).''. - -SEC. 554. ESTABLISHMENT OF MENTORING AND CAREER COUNSELING PROGRAM. - - (a) In General.--Chapter 107 of title 10, United States Code, is -amended by adding at the end the following new section: -``Sec. 2158. Mentoring and career counseling program - ``(a) Establishment; Objectives.--The Secretary of Defense, in -coordination with the Secretaries of the military departments and the -Chief Diversity Officer, shall implement a program for mentoring and -career counseling that-- - ``(1) ensures that all military occupational specialties - and career fields reflect the demographics of the armed forces; + (1) The term ``alleged sex-related offense'' has the meaning + given that term in section 1044(e)(h) of title 10, United States + Code. + (2) The term ``complete'' when used with respect to an + investigation of an alleged sex-related offense, means the active + phase of the investigation is sufficiently complete to enable the + appropriate authority to reach a decision with respect to the + disposition of charges for the offense. +SEC. 539D. REPORT ON ABILITY OF SEXUAL ASSAULT RESPONSE COORDINATORS +AND SEXUAL ASSAULT PREVENTION AND RESPONSE VICTIM ADVOCATES TO PERFORM +DUTIES. + (a) Survey.-- + (1) In general.--Not later than June 30, 2021, the Secretary of + Defense shall conduct a survey regarding the ability of Sexual + Assault Response Coordinators and Sexual Assault Prevention and + Response Victim Advocates to perform their duties. + (2) Elements.--The survey required under paragraph (1) shall + assess-- + (A) the current state of support provided to Sexual Assault + Response Coordinators and Sexual Assault Prevention and + Response Victim Advocates, including-- + (i) perceived professional or other reprisal or + retaliation; and + (ii) access to sufficient physical and mental health + services as a result of the nature of their work; + (B) the ability of Sexual Assault Response Coordinators and + Sexual Assault Prevention and Response Victim Advocates to + contact and access their installation commander or unit + commander; + (C) the ability of Sexual Assault Response Coordinators and + Sexual Assault Prevention and Response Victim Advocates to + contact and access the immediate commander of victims and + alleged offenders; + (D) the responsiveness and receptiveness of commanders to + the Sexual Assault Response Coordinators; + (E) the support and services provided to victims of sexual + assault; + (F) the understanding of others of the process and their + willingness to assist; + (G) the adequacy of the training received by Sexual Assault + Response Coordinators and Sexual Assault Prevention and + Response Victim Advocates to effectively perform their duties; and - ``(2) ensures that members in all ranks and grades reflect - the demographics of the armed forces. - ``(b) Program Description and Components.--The program under -subsection (a) shall-- - ``(1) include mentoring and career counseling efforts that - start prior to the initial career field decision point and - continue throughout the career of each participating member - cadet or midshipman; - ``(2) provide guidance on accession into the military - occupational specialties and career fields that experience the - highest rates and greatest number of promotions to a grade - above O-6; and - ``(3) promote information regarding career choices, - including opportunities in the reserve components, to optimize - the ability of a participating member cadet, or midshipman to - make informed career choices from accession to retirement. - ``(c) Evaluation Metrics.--The Secretary of Defense shall establish -and maintain metrics to evaluate the effectiveness of the program under -this section.''. - (b) Clerical Amendment.--The table of sections at the beginning of -chapter 107 of such title is amended by at the end the following new -item: + (H) any other factors affecting the ability of Sexual + Assault Response Coordinators and Sexual Assault Prevention and + Response Victim Advocates to perform their duties. + (b) Report.--Upon completion of the survey required under +subsection (a), the Secretary of Defense shall submit to the Committees +on Armed Services of the Senate and the House of Representatives a +report on the results of the survey and any actions to be taken as a +result of the survey. +SEC. 539E. BRIEFING ON SPECIAL VICTIMS' COUNSEL PROGRAM. + (a) Briefing Required.--Not later than 180 days after the date of +the enactment of this Act, the Judge Advocates General of the Army, the +Navy, the Air Force, and the Coast Guard and the Staff Judge Advocate +to the Commandant of the Marine Corps shall each provide to the +congressional defense committees a briefing on the status of the +Special Victims' Counsel program of the Armed Force concerned. + (b) Elements.--Each briefing under subsection (a) shall include, +with respect to the Special Victims' Counsel program of the Armed Force +concerned, the following: + (1) An assessment of whether the Armed Force is in compliance + with the provisions of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92) relating to the Special + Victims' Counsel program and, if not, what steps have been taken to + achieve compliance with such provisions. + (2) An estimate of the average caseload of each Special + Victims' Counsel. + (3) A description of any staffing shortfalls in the Special + Victims' Counsel program or other programs of the Armed Force + resulting from the additional responsibilities required of the + Special Victims' Counsel program under the National Defense + Authorization Act for Fiscal Year 2020. + (4) An explanation of the ability of Special Victims' Counsel + to adhere to requirement that a counsel respond to a request for + services within 72 hours of receiving such request. + (5) An assessment of the feasibility of providing cross-service + Special Victims' Counsel representation in instances where a + Special Victims' Counsel from a different Armed Force is co-located + with a victim at a remote base. +SEC. 539F. BRIEFING ON PLACEMENT OF MEMBERS OF THE ARMED FORCES IN +ACADEMIC STATUS WHO ARE VICTIMS OF SEXUAL ASSAULT ONTO NON-RATED +PERIODS. + Not later than 270 days after the date of the enactment of this +Act, the Secretary of Defense shall brief the Committees on Armed +Services of the Senate and the House of Representatives on the +feasibility and advisability, and current practice (if any) of the +Department of Defense, of granting requests by members of the Armed +Forces who are in academic status (whether at the military service +academies or in developmental education programs) and who are victims +of sexual assault to be placed on a Non-Rated Period for their +performance report. -``2158. Mentoring and career counseling program.''. - (c) Interim Report.-- - (1) Report required.--Not later than 120 days after the - date of the enactment of this Act, the Secretary of Defense - shall submit to the congressional defense committees on Armed - Services of the Senate and the House of Representatives a - report on the implementation of section 2158 of title 10, - United States Code, as added by subsection (a). - (2) Elements.--The report under paragraph (1) shall include - the following: - (A) A description and assessment of the manner in - which the Department of Defense shall implement the - program under subsection (a) of such section 2158. - (B) The initial evaluation metrics developed under - subsection (c) of such section 2158. - (C) An explanation of whether the program will be - carried out as part of another program of the - Department or through the establishment of a separate - program. - (D) A comprehensive description of the additional - personnel, resources, and training that will be - required to implement the program, including - identification of the specific number of additional - billets that will be needed to staff the program. - (E) Recommendations of the Secretary for additional - legislation that the Secretary determines e necessary - to effectively and efficiently implement the program. - (d) Annual Report.-- - (1) Report required.--Not later than October 1, 2021, and - annually thereafter for 3 years, the Secretary of Defense shall - submit to the congressional defense committees on Armed - Services of the Senate and the House of Representatives a - report on the program under section 2158 of title 10, United - States Code, as added by subsection (a). - (2) Elements.--Each report under paragraph (1) shall - include, disaggregated by Armed Force, the following: - (A) The latest evaluation metrics developed under - subsection (c) of such section 2158. - (B) The number of individuals, disaggregated by - grade, ethnicity, race, and gender, who were eligible - for participation in the program. - (C) The number of individuals, disaggregated by - grade, ethnicity, race, and gender, who opted out of - participation in the program. - (D) An assessment of the effectiveness of the - program in advancing the careers of minority - commissioned officers. - (e) Publication.--The Secretary of Defense shall-- - (1) publish on an appropriate publicly available website of - the Department of Defense the reports required under - subsections (c) and (d); and - (2) ensure that any data included with each such report is - made available in a machine-readable format that is - downloadable, searchable, and sortable. - (f) Implementation Date.--The Secretary of Defense shall implement -the program under section 2158 of title 10, United States Code, as -added by subsection (a), not later than 1 year after the date of the -enactment of this Act. - (g) Definitions.--In this section: - (1) The term ``minority person'' means any individual who - is a citizen of the United States and who is-- - (A) Asian American; - (B) Native Hawaiian; - (C) a Pacific Islander; - (D) African American; - (E) Hispanic; - (F) Puerto Rican; - (G) Native American; - (H) an Alaska Native; or - (I) female. - (2) The term ``minority commissioned officer'' means any - commissioned officer who is a minority person. - (3) The term ``machine-readable'' has the meaning given - that term in section 3502(18) of title 44, United States Code. - -SEC. 555. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER. - - (a) Authority To Award Bachelor's Degrees.--Section 2168 of title -10, United States Code, is amended-- - (1) in the section heading, by striking ``Associate'' and - inserting ``Associate or Bachelor''; and - (2) by amending subsection (a) to read as follows: - ``(a) Subject to subsection (b), the Commandant of the Defense -Language Institute may confer-- - ``(1) an Associate of Arts degree in a foreign language - upon any graduate of the Foreign Language Center of the - Institute who fulfills the requirements for that degree; or - ``(2) a Bachelor of Arts degree in a foreign language upon - any graduate of the Foreign Language Center of the Institute - who fulfills the requirements for that degree.''. - (b) Clerical Amendment.--The table of sections at the beginning of -chapter 108 of title 10, United States Code, is amended by striking the -item relating to section 2168 and inserting the following new item: + Subtitle E--Military Justice and Other Legal Matters -``2168. Defense Language Institute Foreign Language Center: degree of - Associate or Bachelor of Arts in foreign - language.''. + SEC. 541. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE UNIFORM + CODE OF MILITARY JUSTICE REGARDING CERTAIN POST-TRIAL MOTIONS, + FILINGS, AND HEARINGS. + Section 806b(a)(2) of title 10, United States Code (article +6b(a)(2)) of the Uniform Code of Military Justice), is amended-- + (1) by redesignating subparagraphs (D) and (E) as subparagraphs + (E) and (F), respectively; and + (2) by inserting after subparagraph (C) the following new + subparagraph (D): + ``(D) A post-trial motion, filing, or hearing that may + address the finding or sentence of a court-martial with respect + to the accused, unseal privileged or private information of the + victim, or result in the release of the accused.''. + SEC. 542. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR + COURTS OF CRIMINAL APPEALS. + (a) Qualifications of Certain Judges.--Section 866(a) of title 10, +United States Code (article 66(a) of the Uniform Code of Military +Justice), is amended-- + (1) by striking ``Each Judge'' and inserting: + ``(1) In general.--Each Judge''; and + (2) by adding at the end the following new paragraph: + ``(2) Additional qualifications.--In addition to any other + qualifications specified in paragraph (1), any commissioned officer + or civilian assigned as an appellate military judge to a Court of + Criminal Appeals shall have not fewer than 12 years of experience + in the practice of law before such assignment.''. + (b) Standard of Review.--Paragraph (1) of section 866(d) of title +10, United States Code (article 66(d) of the Uniform Code of Military +Justice), is amended to read as follows: + ``(1) Cases appealed by accused.-- + ``(A) In general.--In any case before the Court of Criminal + Appeals under subsection (b), the Court may act only with + respect to the findings and sentence as entered into the record + under section 860c of this title (article 60c). The Court may + affirm only such findings of guilty as the Court finds correct + in law, and in fact in accordance with subparagraph (B). The + Court may affirm only the sentence, or such part or amount of + the sentence, as the Court finds correct in law and fact and + determines, on the basis of the entire record, should be + approved. + ``(B) Factual sufficiency review.--(i) In an appeal of a + finding of guilty under subsection (b), the Court may consider + whether the finding is correct in fact upon request of the + accused if the accused makes a specific showing of a deficiency + in proof. + ``(ii) After an accused has made such a showing, the Court + may weigh the evidence and determine controverted questions of + fact subject to-- + ``(I) appropriate deference to the fact that the trial + court saw and heard the witnesses and other evidence; and + ``(II) appropriate deference to findings of fact + entered into the record by the military judge. + ``(iii) If, as a result of the review conducted under + clause (ii), the Court is clearly convinced that the finding of + guilty was against the weight of the evidence, the Court may + dismiss, set aside, or modify the finding, or affirm a lesser + finding.''. + (c) Review by United States Court of Appeals for the Armed Forces +of Factual Sufficiency Rulings.--Section 867(c)(1) of title 10, United +States Code (article 67(c)(1) of the Uniform Code of Military Justice), +is amended-- + (1) in subparagraph (A), by striking ``or'' at the end; + (2) in subparagraph (B), by striking the period at the end and + inserting ``; or''; and + (3) by adding at the end the following new subparagraph: + ``(C) the findings set forth in the entry of judgment, as + affirmed, dismissed, set aside, or modfied by the Court of Criminal + Appeals as incorrect in fact under section 866(d)(1)(B) of this + title (article 66(d)(1)(B)).''. + (d) Inclusion of Additional Information in Annual Reports.--Section +946a(b)(2) of title 10, United States Code (article 146a(b)(2) of the +Uniform Code of Military Justice), is amended-- + (1) in subparagraph (B), by striking ``and'' at the end; + (2) in subparagraph (C), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new subparagraph: + ``(D) an analysis of each case in which a Court of Criminal + Appeals made a final determination that a finding of a court- + martial was clearly against the weight of the evidence, + including an explanation of the standard of appellate review + applied in such case.''. + (e) Effective Dates and Applicability.-- + (1) Qualifications of certain judges.--The amendments made by + subsection (a) shall take effect on the date of the enactment of + this Act, and shall apply with respect to the assignment of + appellate military judges on or after that date. + (2) Review amendments.--The amendments made by subsections (b) + and (c) shall take effect on the date of the enactment of this Act, + and shall apply with respect to any case in which every finding of + guilty entered into the record under section 860c of title 10, + United States Code (article 60c of the Uniform Code of Military + Justice), is for an offense that occurred on or after that date. + SEC. 543. PRESERVATION OF COURT-MARTIAL RECORDS. + Section 940a of title 10, United States Code (article 140a of the +Uniform Code of Military Justice), is amended by adding at the end the +following new subsection: + ``(d) Preservation of Court-Martial Records Without Regard to +Outcome.--The standards and criteria prescribed by the Secretary of +Defense under subsection (a) shall provide for the preservation of +general and special court-martial records, without regard to the +outcome of the proceeding concerned, for not fewer than 15 years.''. + SEC. 544. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT CRIMINAL + BACKGROUND CHECK SYSTEM. + Section 101(b) of the NICS Improvement Amendments Act of 2007 (34 +U.S.C. 40911(b)) is amended-- + (1) by redesignating paragraph (2) as paragraph (3); and + (2) by inserting after paragraph (1) the following new + paragraph (2): + ``(2) Department of defense.-- + ``(A) In general.--Not later than 3 business days after the + final disposition of a judicial proceeding conducted within the + Department of Defense, the Secretary of Defense shall make + available to the Attorney General records which are relevant to + a determination of whether a member of the Armed Forces + involved in such proceeding is disqualified from possessing or + receiving a firearm under subsection (g) or (n) of section 922 + of title 18, United States Code, for use in background checks + performed by the National Instant Criminal Background Check + System. + ``(B) Judicial proceeding defined.--In this paragraph, the + term `judicial proceeding' means a hearing-- + ``(i) of which the person received actual notice; and + ``(ii) at which the person had an opportunity to + participate with counsel.''. + SEC. 545. REMOVAL OF PERSONALLY IDENTIFYING AND OTHER INFORMATION + OF CERTAIN PERSONS FROM INVESTIGATIVE REPORTS, THE DEPARTMENT OF + DEFENSE CENTRAL INDEX OF INVESTIGATIONS, AND OTHER RECORDS AND + DATABASES. + (a) Policy and Process Required.--Not later than October 1, 2021, +the Secretary of Defense shall establish and maintain a policy and +process through which any covered person may request that the person's +name, personally identifying information, and other information +pertaining to the person shall, in accordance with subsection (c), be +corrected in, or expunged or otherwise removed from, the following: + (1) A law enforcement or criminal investigative report of the + Department of Defense or any component of the Department. + (2) An index item or entry in the Department of Defense Central + Index of Investigations (DCII). + (3) Any other record maintained in connection with a report + described in paragraph (1), or an index item or entry described in + paragraph (2), in any system of records, records database, records + center, or repository maintained by or on behalf of the Department. + (b) Covered Persons.--For purposes of this section, a covered +person is any person whose name was placed or reported, or is +maintained-- + (1) in the subject or title block of a law enforcement or + criminal investigative report of the Department of Defense (or any + component of the Department); + (2) as an item or entry in the Department of Defense Central + Index of Investigations; or + (3) in any other record maintained in connection with a report + described in paragraph (1), or an index item or entry described in + paragraph (2), in any system of records, records database, records + center, or repository maintained by or on behalf of the Department. + (c) Elements.--The policy and process required by subsection (a) +shall include the following elements: + (1) Basis for correction or expungement.--That the name, + personally identifying information, and other information of a + covered person shall be corrected in, or expunged or otherwise + removed from, a report, item or entry, or record described in + paragraphs (1) through (3) of subsection (a) in the following + circumstances: + (A) Probable cause did not or does not exist to believe + that the offense for which the person's name was placed or + reported, or is maintained, in such report, item or entry, or + record occurred, or insufficient evidence existed or exists to + determine whether or not such offense occurred. + (B) Probable cause did not or does not exist to believe + that the person actually committed the offense for which the + person's name was so placed or reported, or is so maintained, + or insufficient evidence existed or exists to determine whether + or not the person actually committed such offense. + (C) Such other circumstances, or on such other bases, as + the Secretary may specify in establishing the policy and + process, which circumstances and bases may not be inconsistent + with the circumstances and bases provided by subparagraphs (A) + and (B). + (2) Considerations.--While not dispositive as to the existence + of a circumstance or basis set forth in paragraph (1), the + following shall be considered in the determination whether such + circumstance or basis applies to a covered person for purposes of + this section: + (A) The extent or lack of corroborating evidence against + the covered person concerned with respect to the offense at + issue. + (B) Whether adverse administrative, disciplinary, judicial, + or other such action was initiated against the covered person + for the offense at issue. + (C) The type, nature, and outcome of any action described + in subparagraph (B) against the covered person. + (3) Procedures.--The policy and process required by subsection + (a) shall include procedures as follows: + (A) Procedures under which a covered person may appeal a + determination of the applicable component of the Department of + Defense denying, whether in whole or in part, a request for + purposes of subsection (a). + (B) Procedures under which the applicable component of the + Department will correct, expunge or remove, take other + appropriate action on, or assist a covered person in so doing, + any record maintained by a person, organization, or entity + outside of the Department to which such component provided, + submitted, or transmitted information about the covered person, + which information has or will be corrected in, or expunged or + removed from, Department records pursuant to this section. + (C) The timeline pursuant to which the Department, or a + component of the Department, as applicable, will respond to + each of the following: + (i) A request pursuant to subsection (a). + (ii) An appeal under the procedures required by + subparagraph (A). + (iii) A request for assistance under the procedures + required by subparagraph (B). + (D) Mechanisms through which the Department will keep a + covered person apprised of the progress of the Department on a + covered person's request or appeal as described in subparagraph + (C). + (d) Applicability.--The policy and process required to be developed +by the Secretary under subsection (a) shall not be subject to the +notice and comment rulemaking requirements under section 553 of title +5, United States Code. + (e) Report.--Not later than October 1, 2021, the Secretary shall +submit to the Committees on Armed Services of the Senate and the House +of Representatives a report on the actions taken to carry out this +section, including a comprehensive description of the policy and +process developed and implemented by the Secretary under subsection +(a). + SEC. 546. BRIEFING ON MENTAL HEALTH SUPPORT FOR VICARIOUS TRAUMA + FOR CERTAIN PERSONNEL IN THE MILITARY JUSTICE SYSTEM. + (a) Briefing Required.--Not later than 180 days after the date of +the enactment of this Act, the Judge Advocates General of the Army, the +Navy, and the Air Force and the Staff Judge Advocate to the Commandant +of the Marine Corps shall jointly brief the Committees on Armed +Services of the Senate and the House of Representatives on the mental +health support for vicarious trauma provided to personnel in the +military justice system specified in subsection (b). + (b) Personnel.--The personnel specified in this subsection are the +following: + (1) Court-martial convening authorities who are members of the + Armed Forces. + (2) Trial counsel. + (3) Defense counsel. + (4) Military judges. + (5) Special Victims' Counsel. + (6) Military investigative personnel. + (c) Elements.--The briefing required by subsection (a) shall +include the following: + (1) A description and assessment of the mental health support + for vicarious trauma provided to personnel in the military justice + system specified in subsection (b), including a description of the + support services available and the support services being used. + (2) A description and assessment of mechanisms to eliminate or + reduce stigma in the pursuit by such personnel of such mental + health support. + (3) An assessment of the feasibility and advisability of + providing such personnel with breaks between assignments or cases + as part of such mental health support in order to reduce the + effects of vicarious trauma. + (4) A description and assessment of the extent, if any, to + which duty of such personnel on particular types of cases, or in + particular caseloads, contributes to vicarious trauma, and of the + extent, if any, to which duty on such cases or caseloads has an + effect on retention of such personnel in the Armed Forces. + (5) A description of the extent, if any, to which such + personnel are screened or otherwise assessed for vicarious trauma + before discharge or release from the Armed Forces. + (6) Such other matters in connection with the provision of + mental health support for vicarious trauma to such personnel as the + Judge Advocates General and the Staff Judge Advocate jointly + consider appropriate. + SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON + IMPLEMENTATION BY THE ARMED FORCES OF RECENT GAO RECOMMENDATIONS + AND STATUTORY REQUIREMENTS ON ASSESSMENT OF RACIAL, ETHNIC, AND + GENDER DISPARITIES IN THE MILITARY JUSTICE SYSTEM. + (a) Report Required.--The Comptroller General of the United States +shall submit to the Committees on Armed Services of the Senate and the +House of Representatives a report, in writing, on a study, conducted by +the Comptroller General for purposes of the report, on the +implementation by the Armed Forces of the following: + (1) The recommendations in the May 2019 report of the General + Accountability Office entitled ``Military Justice: DOD and the + Coast Guard Need to Improve Their Capabilities to Assess Racial and + Gender Disparities'' (GAO-19-344). + (2) Requirements in section 540I(b) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1369; 10 U.S.C. 810 note), relating to assessments covered by + such recommendations. + (b) Elements.--The report required by subsection (a) shall include, +for each recommendation and requirement specified in that subsection, +the following: + (1) A description of the actions taken or planned by the + Department of Defense, the military department concerned, or the + Armed Force concerned to implement such recommendation or + requirement. + (2) An assessment of the extent to which the actions taken to + implement such recommendation or requirement, as described pursuant + to paragraph (1), are effective or meet the intended objective. + (3) Any other matters in connection with such recommendation or + requirement, and the implementation of such recommendation or + requirement by the Armed Forces, that the Comptroller General + considers appropriate. + (c) Briefings.--Not later than May 1, 2021, the Comptroller General +shall provide the committees referred to in subsection (a) one or more +briefings on the status of the study required by that subsection, +including any preliminary findings and recommendations of the +Comptroller General as a result of the study as of the date of such +briefing. + SEC. 548. LEGAL ASSISTANCE FOR VETERANS AND SURVIVING SPOUSES AND + DEPENDENTS. + (a) Availability of Legal Assistance at Facilities of Department of +Veterans Affairs.-- + (1) In general.--Chapter 59 of title 38, United States Code, is + amended by adding at the end the following new section: +``Sec. 5906. Availability of legal assistance at Department facilities + ``(a) In General.--Not less frequently than three times each year, +the Secretary shall facilitate the provision by a qualified legal +assistance clinic of pro bono legal assistance described in subsection +(c) to eligible individuals at not fewer than one medical center of the +Department of Veterans Affairs, or such other facility of the +Department as the Secretary considers appropriate, in each State. + ``(b) Eligible Individuals.--For purposes of this section, an +eligible individual is-- + ``(1) any veteran; + ``(2) any surviving spouse; or + ``(3) any child of a veteran who has died. + ``(c) Pro Bono Legal Assistance Described.--The pro bono legal +assistance described in this subsection is the following: + ``(1) Legal assistance with any program administered by the + Secretary. + ``(2) Legal assistance associated with-- + ``(A) improving the status of a military discharge or + characterization of service in the Armed Forces, including + through a discharge review board; or + ``(B) seeking a review of a military record before a board + of correction for military or naval records. + ``(3) Such other legal assistance as the Secretary-- + ``(A) considers appropriate; and + ``(B) determines may be needed by eligible individuals. + ``(d) Limitation on Use of Facilities.--Space in a medical center +or facility designated under subsection (a) shall be reserved for and +may only be used by the following, subject to review and removal from +participation by the Secretary: + ``(1) A veterans service organization or other nonprofit + organization. + ``(2) A legal assistance clinic associated with an accredited + law school. + ``(3) A legal services organization. + ``(4) A bar association. + ``(5) Such other attorneys and entities as the Secretary + considers appropriate. + ``(e) Legal Assistance in Rural Areas.--In carrying out this +section, the Secretary shall ensure that pro bono legal assistance is +provided under subsection (a) in rural areas. + ``(f) Definition of Veterans Service Organization.--In this +section, the term `veterans service organization' means any +organization recognized by the Secretary for the representation of +veterans under section 5902 of this title.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 59 of such title is amended by adding at the end the + following new item: + +``5906. Availability of legal assistance at Department facilities.''. + + (b) Pilot Program to Establish and Support Legal Assistance +Clinics.-- + (1) Pilot program required.-- + (A) In general.--Not later than one year after the date of + the enactment of this Act, the Secretary of Veterans Affairs + shall establish a pilot program to assess the feasibility and + advisability of awarding grants to eligible entities to + establish new legal assistance clinics, or enhance existing + legal assistance clinics or other pro bono efforts, for the + provision of pro bono legal assistance described in subsection + (c) of section 5906 of title 38, United States Code, as added + by subsection (a), on a year-round basis to individuals who + served in the Armed Forces, including individuals who served in + a reserve component of the Armed Forces, and who were + discharged or released therefrom, regardless of the conditions + of such discharge or release, at locations other than medical + centers and facilities described in subsection (a) of such + section. + (B) Rule of construction.--Nothing in subparagraph (A) + shall be construed to limit or affect-- + (i) the provision of pro bono legal assistance to + eligible individuals at medical centers and facilities of + the Department of Veterans Affairs under section 5906(a) of + title 38, United States Code, as added by subsection (a); + or + (ii) any other legal assistance provided pro bono at + medical centers or facilities of the Department as of the + date of the enactment of this Act. + (2) Eligible entities.--For purposes of the pilot program, an + eligible entity is-- + (A) a veterans service organization or other nonprofit + organization specifically focused on assisting veterans; + (B) an entity specifically focused on assisting veterans + and associated with an accredited law school; + (C) a legal services organization or bar association; or + (D) such other type of entity as the Secretary considers + appropriate for purposes of the pilot program. + (3) Locations.--The Secretary shall ensure that at least one + grant is awarded under paragraph (1)(A) to at least one eligible + entity in each State, if the Secretary determines that there is + such an entity in a State that has applied for, and meets + requirements for the award of, such a grant. + (4) Duration.--The Secretary shall carry out the pilot program + during the five-year period beginning on the date on which the + Secretary establishes the pilot program. + (5) Application.--An eligible entity seeking a grant under the + pilot program shall submit to the Secretary an application + therefore at such time, in such manner, and containing such + information as the Secretary may require. + (6) Selection.--The Secretary shall select eligible entities + who submit applications under paragraph (5) for the award of grants + under the pilot program using a competitive process that takes into + account the following: + (A) Capacity of the applicant entity to serve veterans and + ability of the entity to provide sound legal advice. + (B) Demonstrated need of the veteran population the + applicant entity would serve. + (C) Demonstrated need of the applicant entity for + assistance from the grants. + (D) Geographic diversity of applicant entities. + (E) Such other criteria as the Secretary considers + appropriate. + (7) Grantee reports.--Each recipient of a grant under the pilot + program shall, in accordance with such criteria as the Secretary + may establish, submit to the Secretary a report on the activities + of the recipient and how the grant amounts were used. + (c) Review of Pro Bono Eligibility of Federal Workers.-- + (1) In general.--The Secretary of Veterans Affairs shall, in + consultation with the Attorney General and the Director of the + Office of Government Ethics, conduct a review of the rules and + regulations governing the circumstances under which attorneys + employed by the Federal Government can provide pro bono legal + assistance. + (2) Recommendations.--In conducting the review required by + paragraph (1), the Secretary shall develop recommendations for such + legislative or administrative action as the Secretary considers + appropriate to facilitate greater participation by Federal + employees in pro bono legal and other volunteer services for + veterans. + (3) Submittal to congress.--Not later than one year after the + date of the enactment of this Act, the Secretary shall submit to + the appropriate committees of Congress-- + (A) the findings of the Secretary with respect to the + review conducted under paragraph (1); and + (B) the recommendations developed by the Secretary under + paragraph (2). + (d) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall submit to the appropriate +committees of Congress a report on the status of the implementation of +this section. + (e) Definitions.--In this section: + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the Committee on Veterans' Affairs and the Committee on + Appropriations of the Senate; and + (B) the Committee on Veterans' Affairs and the Committee on + Appropriations of the House of Representatives. + (2) Veterans service organization.--The term ``veterans service + organization'' means any organization recognized by the Secretary + for the representation of veterans under section 5902 of title 38, + United States Code. + SEC. 549. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES AND + MOTOR VEHICLES OF SERVICEMEMBERS WHO INCUR CATASTROPHIC INJURY OR + ILLNESS OR DIE WHILE IN MILITARY SERVICE. + (a) Catastrophic Injuries and Illnesses.--Paragraph (4) of section +305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)) is +amended to read as follows: + ``(4) Catastrophic injury or illness of lessee.-- + ``(A) Termination.--If the lessee on a lease described in + subsection (b) incurs a catastrophic injury or illness during a + period of military service or while performing covered service, + during the one-year period beginning on the date on which the + lessee incurs such injury or illness-- + ``(i) the lessee may terminate the lease; or + ``(ii) in the case of a lessee who lacks the mental + capacity to contract or to manage his or her own affairs + (including disbursement of funds without limitation) due to + such injury or illness, the spouse or dependent of the + lessee may terminate the lease. + ``(B) Definitions.--In this paragraph: + ``(i) The term `catastrophic injury or illness' has the + meaning given that term in section 439(g) of title 37, + United States Code. + ``(ii) The term `covered service' means full-time + National Guard duty, active Guard and Reserve duty, or + inactive-duty training (as such terms are defined in + section 101(d) of title 10, United States Code).''. + (b) Deaths.--Paragraph (3) of such section is amended by striking +``The spouse of the lessee'' and inserting ``The spouse or dependent of +the lessee''. +SEC. 549A. MULTIDISCIPLINARY BOARD TO EVALUATE SUICIDE EVENTS. + (a) Guidance Required.--The Secretary of Defense shall issue +guidance that requires each suicide event involving of a member of a +covered Armed Force to be reviewed by a multidisciplinary board +established at the command or installation level, or by the Chief of +the covered Armed Force. Such guidance shall require that, for each +suicide event reviewed by such a board, the board shall-- + (1) clearly define the objective, purpose, and outcome of the + review; + (2) take a multidisciplinary approach to the review and + include, as part of the review process, leaders of military units, + medical and mental health professionals, and representatives of + military criminal investigative organizations; and + (3) take appropriate steps to protect and share information + obtained from ongoing investigations into the event (such as + medical and law enforcement reports). + (b) Implementation by Covered Armed Forces.--Not later than 90 days +after the date on which the guidance is issued under subsection (a), +the Chiefs of the covered Armed Forces shall implement the guidance. + (c) Progress Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on the progress of the +Secretary in implementing the guidance required under subsection (a). + (d) Covered Armed Forces Defined.--In this section, the term +``covered Armed Forces'' means the Army, Navy, Air Force, Marine Corps, +and Space Force. +SEC. 549B. IMPROVEMENTS TO DEPARTMENT OF DEFENSE TRACKING OF AND +RESPONSE TO INCIDENTS OF CHILD ABUSE, ADULT CRIMES AGAINST CHILDREN, +AND SERIOUS HARMFUL BEHAVIOR BETWEEN CHILDREN AND YOUTH INVOLVING +MILITARY DEPENDENTS ON MILITARY INSTALLATIONS. + (a) Improvements Required.-- + (1) In general.--The Secretary of Defense shall, consistent + with recommendations of the Comptroller General of the United + States in Government Accountability Office report GA0-20-110, take + actions in accordance with this section in order to improve the + efforts of the Department of Defense to track and respond to + incidents of serious harm to children involving dependents of + members of the Armed Forces that occur on military installations + (in this section referred to as ``covered incidents of serious harm + to children''). + (2) Serious harm to children defined.--In this section, the + term ``serious harm to children'' includes the following: + (A) Caregiver child abuse involving physical abuse, sexual + abuse, emotional abuse, or neglect. + (B) Non-caregiver adult crimes against children. + (C) Serious harmful behaviors between children and youth of + a physical, sexual, or emotional nature. + (b) Data Collection and Tracking of Incidents of Harm to +Children.-- + (1) Non-caregiver adult crimes against children.--The Secretary + of Defense shall establish a process for the Department of Defense + to track reported covered incidents of serious harm to children + described in subsection (a)(2)(B) in which the alleged offender is + an adult who is not a parent, guardian, or someone in a caregiving + role at the time of the incident. The information so tracked shall + comport with the information tracked by the Department in reported + covered incidents of serious harm to children in which the alleged + offender is a parent, guardian, or someone in a caregiving role at + the time of the incident. + (2) Serious harmful behaviors between children and youth.-- + (A) In general.--The Secretary of Defense shall develop and + maintain in the Department of Defense a centralized database to + track incidents of serious harmful behaviors between children + and youth described in subsection (a)(2)(C), including + information across the Department on problematic sexual + behavior in children and youth that are reported to an + appropriate office, as determined by the Secretary, or + investigated by a military criminal investigative organization, + regardless of whether the alleged offender was another child, + an adult, or someone in a non-caregiving role at the time of an + incident. + (B) Elements.--The centralized database required by this + paragraph shall include, for each incident within the database, + the following: + (i) Information pertinent to a determination by the + Department on whether such incident meets the definition of + an incident of serious harmful behavior between children + and youth. + (ii) The results of any investigation of such incident + by a military criminal investigative organization. + (iii) Information on the ultimate disposition of the + incident, if any, including any administrative or + prosecutorial action taken. + (C) Annual reports on information.--The information + collected and maintained in the centralized database required + by this paragraph shall be reported on an annual basis as part + of the annual reports by the Secretary on child abuse and + domestic abuse in the military as required by section 574 of + the National Defense Authorization Act for Fiscal Year 2017 + (Public Law 114-328; 130 Stat. 2141). + (D) Briefings.--Not later than March 31, 2021, and every + six months thereafter until the centralized database required + by this paragraph is fully operational, the Secretary shall + brief the Committees on Armed Services of the Senate and the + House of Representatives on the status of the database. + (3) Department of defense reporting guidance.--The Secretary of + Defense shall issue guidance regarding which incidents of serious + harmful behavior between children and youth require reporting to + the Family Advocacy Program, a military criminal investigative + organization, or another component of the Department of Defense + designated by the Secretary. + (c) Response Procedures for Incidents of Serious Harm to Children +Reported to Family Advocacy Programs.-- + (1) Incident determination committee membership.--The Secretary + of Defense shall ensure that the voting membership of each Incident + Determination Committee, as defined in paragraph (7), on a military + installation includes medical personnel with the knowledge and + expertise required to determine whether a reported incident of + serious harm to a child meets the criteria of the Department of + Defense for treatment as child abuse. + (2) Screening reported incidents of serious harm to children.-- + (A) Development of standardized process.--The Secretary of + Defense shall develop a standardized process by which the + Family Advocacy Programs of the military departments screen + reported covered incidents of serious harm to children to + determine whether to present such incident to an Incident + Determination Committee. + (B) Monitoring.--The Secretary of each military department + shall develop a process to monitor the manner in which reported + incidents of serious harm to children are screened by each + installation under the jurisdiction of such Secretary in order + to ensure that such screening complies with the standardized + screening process developed pursuant to subparagraph (A). + (3) Required notifications.-- + (A) Documentation.--The Secretary of each military + department shall require that installation Family Advocacy + Programs and military criminal investigative organizations + under the jurisdiction of such Secretary document in their + respective databases the date on which they notified the other + of a reported incident of serious harm to a child. + (B) Oversight.--The Secretary of each military department + shall require that the Family Advocacy Program of such military + department, and the headquarters of the military criminal + investigative organizations of such military department, + develop processes to oversee the documentation of notifications + required by subparagraph (A) in order to ensure that such + notifications occur on a consistent basis at installation + level. + (4) Certified pediatric sexual assault forensic examiners.-- + (A) Geographic regions for examiners.--The Secretary of + Defense shall specify geographic regions in which military + families reside for purposes of the availability of and access + to certified pediatric sexual assault examiners in such + regions. + (B) Availability.--The Secretary shall ensure that-- + (i) one or more certified pediatric sexual assault + examiners are located in each geographic region specified + pursuant to subparagraph (A); and + (ii) examiners so located serve as certified pediatric + sexual assault examiners throughout such region, without + regard to Armed Force or installation. + (5) Removal of children from unsafe homes overseas.--The + Secretary of Defense shall issue policy that clarifies and + standardizes across the Armed Forces the circumstances under which + a commander may remove a child from a potentially unsafe home at an + installation overseas. + (6) Resource guide for victims of serious harm to children.-- + (A) In general.--The Secretary of each military department + shall develop and maintain a comprehensive guide on resources + available through the Department of Defense and such military + department for military families under the jurisdiction of such + Secretary who are victims of serious harm to children. + (B) Elements.--Each guide under this paragraph shall + include the following: + (i) Information on the response processes of the Family + Advocacy Programs and military criminal investigative + organizations of the military department concerned. + (ii) Lists of available support services, such as + legal, medical, and victim advocacy services, through the + Department of Defense and the military department + concerned. + (C) Distribution.--A resource guide under this paragraph + shall be presented to a military family by an installation + Family Advocacy Program and military criminal investigative + personnel when a covered incident of serious harm to a child + involving a child in such family is reported. + (D) Availability on internet.--A current version of each + resource guide under this paragraph shall be available to the + public on an Internet website of the military department + concerned available to the public. + (7) Incident determination committee defined.--In this + subsection, the term ``Incident Determination Committee'' means a + committee established at a military installation that is + responsible for reviewing reported incidents of child abuse and + determining whether such incidents constitute serious harm to + children according to the applicable criteria of the Department of + Defense. + (d) Coordination and Collaboration With Non-military Resources.-- + (1) Consultation with states.--The Secretary of Defense shall-- + (A) continue the outreach efforts of the Department of + Defense to the States in order to ensure that States are + notified when a member of the Armed Forces or a military + dependent is involved in a reported incident of serious harm to + a child off a military installation; and + (B) increase efforts at information sharing between the + Department and the States on such incidents of serious harm to + children, including entry into memoranda of understanding with + State child welfare agencies on information sharing in + connection with such incidents. + (2) Collaboration with national children's alliance.-- + (A) Memoranda of understanding.--The Secretary of each + military department shall seek to enter into a memorandum of + understanding with the National Children's Alliance, or similar + organization, under which-- + (i) the children's advocacy center services of the + Alliance are available to all installations in the + continental United States under the jurisdiction of such + Secretary; and + (ii) members of the Armed Forces under the jurisdiction + of such Secretary are made aware of the nature and + availability of such services. + (B) Participation of certain entities.--Each memorandum of + understanding under this paragraph shall provide for the + appropriate participation of the Family Advocacy Program and + military criminal investigative organizations of the military + department concerned in activities under such memorandum of + understanding. + (C) Briefing.--Not later than one year after the date of + the enactment of this Act, the Secretary of each military + department shall provide to the Committees on Armed Services of + the Senate and the House of Representatives a briefing on the + status of the development of a memorandum of understanding with + the National Children's Alliance under this paragraph, together + with information on which installations, if any, under the + jurisdiction of such Secretary have entered into a written + agreement with a local children's advocacy center with respect + to serious harm to children on such installations. +SEC. 549C. INDEPENDENT ANALYSIS AND RECOMMENDATIONS ON DOMESTIC +VIOLENCE IN THE ARMED FORCES. + (a) Analysis and Recommendations.-- + (1) In general.--The Secretary of Defense shall seek to enter + into a contract or other agreement with an appropriate entity in + the private sector (including a Federally funded research and + development center) for the conduct of an analysis and the + development of recommendations on means to improve the + effectiveness of the covered Armed Forces in responding to and + preventing domestic violence. + (2) Expertise.--The entity with which the Secretary enters into + a contract or agreement pursuant to this section shall have + expertise in-- + (A) scientific and other research relating to domestic + violence; and + (B) science-based strategies for the prevention, + intervention, and response to domestic violence. + (b) Scope of Analysis and Recommendations.--Under the contract or +agreement entered into pursuant to subsection (a), the entity concerned +shall analyze and develop recommendations for the Secretary with +respect to each of the following: + (1) The risk of domestic violence at various stages of military + service, including identification of-- + (A) stages at which there is a higher than average risk of + domestic violence; and + (B) stages at which the implementation of domestic violence + prevention strategies may have the greatest preventive effect. + (2) The use and dissemination of domestic violence prevention + resources throughout the stages of military service, including + providing new members with training in domestic violence + prevention. + (3) Best practices for the targeting of domestic violence + prevention resources toward those with a higher risk of domestic + violence. + (4) Strategies to prevent domestic violence by training, + educating, and assigning prevention-related responsibilities to-- + (A) commanders; + (B) medical, behavioral, and mental health service + providers; + (C) family advocacy program representatives; + (D) Military Family Life Consultants; and + (E) other individuals and entities with responsibilities + that may be relevant to addressing domestic violence. + (5) The efficacy of providing survivors of domestic violence + with the option to request expedited transfers, and the effects of + such transfers. + (6) Improvements to procedures for reporting appropriate legal + actions to the National Crime Information Center, and the efficacy + of such procedures. + (7) The effects of domestic violence on-- + (A) housing for military families; + (B) the education of military dependent children; + (C) member work assignments and careers; and + (D) the health of members and their families, including + short-term and long-term health effects and effects on mental + health. + (8) Age-appropriate training and education programs for + students attending schools operated by the Department of Defense + Education Activity that are designed to assist such students in + learning positive relationship behaviors in families and with + intimate partners. + (9) The potential effects of requiring military protective + orders to be issued by a military judge, including whether such a + requirement would increase the enforcement of military protective + orders by civilian law enforcement agencies outside the boundaries + of military installations. + (10) Whether prevention of domestic violence would be enhanced + by raising the disposition authority for offenses of domestic + violence to an officer who is-- + (A) in grade 0-6 or above; + (B) in the chain of command of the accused; and + (C) authorized by chapter 47 of title 10, United States + Code (the Uniform Code of Military Justice), to convene special + courts martial. + (11) Means of improving access to resources for survivors of + domestic violence throughout the stages of military service. + (12) Any other matters the Secretary specifies in the contract + or agreement with respect to-- + (A) decreasing the frequency of domestic violence committed + by or upon members of the covered Armed Forces and their + dependents; and + (B) reducing the severity of such violence. + (c) Access to Information and Facilities.--The Secretary shall +provide the entity with which the Secretary contracts or enters into an +agreement pursuant to subsection (a) such access to information and +facilities of the Department of Defense as the Secretary and the entity +jointly consider appropriate for the analysis and development of +recommendations required by the contract. + (d) Report to Secretary of Defense.-- + (1) In general.--The contract or agreement pursuant to + subsection (a) shall require the entity with which the Secretary + contracts or enters into agreement to submit to the Secretary a + report on the analysis conducted and recommendations developed by + the entity under the contract or agreement by not later than one + year after the date of entry into the contract or agreement. + (2) Elements.--The report required pursuant to paragraph (1) + shall include the following: + (A) A comprehensive description of the analysis conducted + by the entity concerned under the contract or agreement. + (B) A list of the recommendations developed by the entity, + including, for each such recommendation, a justification for + such recommendation. + (C) Such other matters as the Secretary shall specify in + the contract or agreement. + (e) Report to Congress.-- + (1) In general.--Not later than 180 days after receipt of the + report required pursuant to subsection (d), the Secretary shall + submit to the Committees on Armed Services of the Senate and the + House of Representatives a report on means to improve the + effectiveness of the covered Armed Forces in responding to and + preventing domestic violence. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) The report received by the Secretary pursuant to + subsection (d). + (B) For each recommendation included in the report pursuant + to subsection (d) by reason of paragraph (2)(B) of that + subsection-- + (i) an assessment by the Secretary of the feasibility + and advisability of implementing such recommendation; and + (ii) if the Secretary considers the implementation of + such recommendation feasible and advisable, a description + of the actions taken, or to be taken, to implement such + recommendation. + (C) Such other matters relating to the improvement of the + effectiveness of the covered Armed Forces in responding to and + preventing domestic violence as the Secretary considers + appropriate in light of the report pursuant to subsection (d). + (f) Funding.--Of the amount authorized to be appropriated for +fiscal year 2021 for the Department of Defense by section 301 and +available for operation and maintenance, Defense wide, as specified in +the funding table in section 4301, $1,000,000 shall be available for +contract or agreement entered into pursuant to subsection (a). + (g) Covered Armed Forces Defined.--In this section, the term +``covered Armed Forces'' means the Army, the Navy, the Air Force, and +the Marine Corps. -SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER. + Subtitle F--Diversity and Inclusion + + SEC. 551. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS AND + RELATED MATTERS. + (a) Standard Diversity and Inclusion Metrics and Annual Report +Requirements.-- + (1) In general.--Section 113 of title 10, United States Code, + is amended-- + (A) in subsection (c)-- + (i) by redesignating paragraphs (2) and (3) as + paragraphs (3) and (4), respectively; and + (ii) by inserting after paragraph (1) the following new + paragraph (2): + ``(2) a report from each military department on the status of + diversity and inclusion in such department;''; + (B) in subsection (g)(1)(B), by inserting after clause + (vi), the following new clause (vii): + ``(vii) Strategic goals related to diversity and inclusion in + the armed forces, and an assessment of measures of performance + related to the efforts of the armed forces to reflect the diverse + population of the United States eligible to serve in the armed + forces.''; + (C) by redesignating subsections (m) and (n) as subsections + (n) and (o), respectively; and + (D) by inserting after subsection (k) the following new + subsections (l) and (m): + ``(l)(1) The Secretary of Defense, in coordination with the +Secretary of the Department in which the Coast Guard is operating, +shall establish metrics to measure-- + ``(A) efforts to reflect across all grades comprising the + officer and enlisted corps of each armed force the diverse + population of the United States eligible to serve in the armed + forces; and + ``(B) the efforts of the armed forces to generate and maintain + a ready military force that will prevail in war, prevent and deter + conflict, defeat adversaries, and succeed in a wide range of + contingencies. + ``(2) In implementing the requirement in paragraph (1), the +Secretary of Defense, in coordination with the Secretary of the +Department in which the Coast Guard is operating, shall-- + ``(A) ensure that data elements, data collection methodologies, + and reporting processes and structures pertinent to each metric + established pursuant to that paragraph are comparable across the + armed forces, to the extent practicable; + ``(B) establish standard classifications that members of the + armed forces may use to self-identify their gender, race, or + ethnicity, which classifications shall be consistent with Office of + Management and Budget Number Directive 15, entitled `Race and + Ethnic Standards for Federal Statistics and Administrative + Reporting', or any successor directive; + ``(C) define conscious and unconscious bias with respect to + matters of diversity and inclusion, and provide guidance to + eliminate such bias; + ``(D) conduct a barrier analysis to review demographic + diversity patterns across the military life cycle, starting with + enlistment or accession into the armed forces, in order to-- + ``(i) identify barriers to increasing diversity; + ``(ii) develop and implement plans and processes to resolve + or eliminate any barriers to diversity; and + ``(iii) review the progress of the armed forces in + implementing previous plans and processes to resolve or + eliminate barriers to diversity; + ``(E) develop and implement plans and processes to ensure that + advertising and marketing to promote enlistment or accession into + the armed forces is representative of the diverse population of the + United States eligible to serve in the armed forces; and + ``(F) meet annually with the Secretaries of the military + departments, the Chairman of the Joint Chiefs of Staff, and the + Chiefs of Staff of the Armed Forces to assess progress toward + diversity and inclusion across the armed forces and to elicit + recommendations and advice for enhancing diversity and inclusion in + the armed forces + ``(m) Accompanying each national defense strategy provided to the +congressional defense committees in accordance with subsection +(g)(1)(D), the Secretary of Defense, in coordination with the Secretary +of the Department in which the Coast Guard is operating, shall provide +a report that sets forth a detailed discussion, current as of the +preceding fiscal year, of the following: + ``(1) The number of officers and enlisted members of the armed + forces, including the reserve components, disaggregated by gender, + race, and ethnicity, for each grade in each armed force. + ``(2) The number of members of the armed forces, including the + reserve components, who were promoted during the fiscal year + covered by such report, disaggregated by gender, race, and + ethnicity, for each grade in each armed force, and of the number so + promoted, the number promoted below, in, and above the applicable + promotion zone. + ``(3) The number of members of the armed forces, including the + reserve components, who were enlisted or accessed into the armed + forces during the fiscal year covered by such report, disaggregated + by gender, race, and ethnicity, in each armed force. + ``(4) The number of graduates of each military service academy + during the fiscal year covered by such report, disaggregated by + gender, race, and ethnicity, for each military department and the + United States Coast Guard. + ``(5) The number of members of the armed forces, including the + reserve components, who reenlisted or otherwise extended a + commitment to military service during the fiscal year covered by + such report, disaggregated by gender, race, and ethnicity, for each + grade in each armed force. + ``(6) An assessment of the pool of officers best qualified for + promotion to grades O-9 and O-10, disaggregated by gender, race, + and ethnicity, in each military department and the United States + Coast Guard. + ``(7) Any other matter the Secretary considers appropriate.''. + (2) Public availability of reports.--Not later than 72 hours + after submitting to the congressional defense committees a report + required by subsection (m) of section 113 of title 10, United + States Code (as amended by paragraph (1)), the Secretary of Defense + shall make the report available on an Internet website of the + Department of Defense available to the public. In so making a + report available, the Secretary shall ensure that any data included + in the report is made available in a machine-readable format that + is downloadable, searchable, and sortable. + (3) Construction of metrics.-- + (A) With merit-based processes.--Any metric established + pursuant to subsection (l) of section 113 of title 10, United + States Code (as so amended), may not be used in a manner that + undermines the merit-based processes of the Department of + Defense and the Coast Guard, including such processes for + accession, retention, and promotion. + (B) With other matters.--Any such metric may not be used to + identify or specify specific quotas based upon diversity + characteristics. The Secretary concerned shall continue to + account for diversified language and cultural skills among the + total force of the Armed Forces. + (4) Repeal of superseded reporting requirement.--Section 115a + of title 10, United States Code, is amended-- + (A) by striking subsection (g); and + (B) by redesignating subsection (h) as subsection (g). + (b) Requirement to Consider All Best Qualified Officers for +Promotion to O-9 and O-10 Grades.-- + (1) In general.--Section 601 of title 10, United States Code, + is amended by adding at the end the following new subsection: + ``(e) Prior to making a recommendation to the Secretary of Defense +for the nomination of an officer for appointment to a position of +importance and responsibility under this section, which appointment +would result in the initial appointment of the officer concerned in the +grade of lieutenant general or general in the Army, Air Force, or +Marine Corps, vice admiral or admiral in the Navy, or the commensurate +grades in the Space Force, the Secretary concerned shall consider all +officers determined to be among the best qualified for such +position.''. + (2) Coast guard.--Section 305(a) of title 14, United States + Code, is amended by adding at the end the following new paragraph: + ``(4) Prior to making a recommendation to the President for the +nomination of an officer for appointment to a position of importance +and responsibility under this section, which appointment would result +in the initial appointment of the officer concerned in the grade of +vice admiral, the Commandant shall consider all officers determined to +be among the best qualified for such position.''. + (c) Report on Findings of Defense Board on Diversity and Inclusion +in the Military.-- + (1) In general.--Upon the completion by the Defense Board on + Diversity and Inclusion in the Military of its report on actionable + recommendations to increase diversity and ensure equal opportunity + across all grades of the Armed Forces, the Secretary of Defense + shall submit to the Committees on Armed Services of the Senate and + the House of Representatives a report on the report of the Defense + Board, including the findings and recommendations of the Defense + Board. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A comprehensive description of the findings and + recommendations of the Defense Board in its report referred to + in paragraph (1). + (B) A comprehensive description of any actionable + recommendations of the Defense Board in its report. + (C) A description of the actions proposed to be undertaken + by the Secretary in connection with such recommendations, and a + timeline for implementation of such actions. + (D) Any data used by the Defense Board and in the + development of its findings and recommendations. + (E) A description of the resources used by the Defense + Board for its report, and a description and assessment of any + shortfalls in such resources for purposes of the Defense Board. + (d) Defense Advisory Committee on Diversity and Inclusion in the +Armed Forces Matters.-- + (1) Report.--At the same time the Secretary of Defense submits + the report required by subsection (c), the Secretary shall also + submit to the Committees on Armed Services of the Senate and the + House of Representatives a report on the Defense Advisory Committee + on Diversity and Inclusion in the Armed Forces. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) The mission statement or purpose of the Advisory + Committee, and any proposed objectives and goals of the + Advisory Committee. + (B) A description of current members of the Advisory + Committee and the criteria used for selecting members. + (C) A description of the duties and scope of activities of + the Advisory Committee. + (D) The reporting structure of the Advisory Committee. + (E) An estimate of the annual operating costs and staff + years of the Advisory Committee. + (F) An estimate of the number and frequency of meetings of + the Advisory Committee. + (G) Any subcommittees, established or proposed, that would + support the Advisory Committee. + (3) Notice and wait on dissolution.--The Secretary may not + dissolve the Defense Advisory Committee on Diversity and Inclusion + in the Armed Forces until 60 days after the date on which the + Secretary submits to the committees of Congress specified in + paragraph (1) a notice on the dissolution of the Advisory + Committee. + SEC. 552. NATIONAL EMERGENCY EXCEPTION FOR TIMING REQUIREMENTS WITH + RESPECT TO CERTAIN SURVEYS OF MEMBERS OF THE ARMED FORCES. + (a) Members of Regular and Reserve Components.--Subsection (d) of +section 481 of title 10, United States Code, is amended to read as +follows: + ``(d) When Surveys Required.--(1) The Armed Forces Workplace and +Gender Relations Surveys of the Active Duty and the Armed Forces +Workplace and Gender Relations Survey of the Reserve Components shall +each be conducted once every two years. The surveys may be conducted +within the same year or in two separate years, and shall be conducted +in a manner designed to reduce the burden of the surveys on members of +the armed forces. + ``(2) The two Armed Forces Workplace and Equal Opportunity Surveys +shall be conducted at least once every four years. The surveys may be +conducted within the same year or in two separate years, and shall be +conducted in a manner designed to reduce the burden of the surveys on +members of the armed forces. + ``(3)(A) The Secretary of Defense may postpone the conduct of a +survey under this section if the Secretary determines that conducting +such survey is not practicable due to a war or national emergency +declared by the President or Congress. + ``(B) The Secretary shall ensure that a survey postponed under +subparagraph (A) is conducted as soon as practicable after the end of +the period of war or national emergency concerned, or earlier if the +Secretary determines appropriate. + ``(C) The Secretary shall notify Congress of a determination under +subparagraph (A) not later than 30 days after the date on which the +Secretary makes such determination.''. + (b) Cadets and Midshipmen.-- + (1) United states military academy.--Section 7461(c) of title + 10, United States Code, is amended by adding at the end the + following new paragraph: + ``(3)(A) The Secretary of Defense may postpone the conduct of an +assessment under this subsection if the Secretary determines that +conducting such assessment is not practicable due to a war or national +emergency declared by the President or Congress. + ``(B) The Secretary of Defense shall ensure that an assessment +postponed under subparagraph (A) is conducted as soon as practicable +after the end of the period of war or national emergency concerned, or +earlier if the Secretary determines appropriate. + ``(C) The Secretary of Defense shall notify Congress of a +determination under subparagraph (A) not later than 30 days after the +date on which the Secretary makes such determination.''. + (2) United states naval academy.--Section 8480(c) of such title + is amended by adding at the end the following new paragraph: + ``(3)(A) The Secretary of Defense may postpone the conduct of an +assessment under this subsection if the Secretary determines that +conducting such assessment is not practicable due to a war or national +emergency declared by the President or Congress. + ``(B) The Secretary of Defense shall ensure that an assessment +postponed under subparagraph (A) is conducted as soon as practicable +after the end of the period of war or national emergency concerned, or +earlier if the Secretary determines appropriate. + ``(C) The Secretary of Defense shall notify Congress of a +determination under subparagraph (A) not later than 30 days after the +date on which the Secretary makes such determination.''. + (3) United states air force academy.--Section 9461(c) of such + title is amended by adding at the end the following new paragraph: + ``(3)(A) The Secretary of Defense may postpone the conduct of an +assessment under this subsection if the Secretary determines that +conducting such assessment is not practicable due to a war or national +emergency declared by the President or Congress. + ``(B) The Secretary of Defense shall ensure that an assessment +postponed under subparagraph (A) is conducted as soon as practicable +after the end of the period of war or national emergency concerned, or +earlier if the Secretary determines appropriate. + ``(C) The Secretary of Defense shall notify Congress of a +determination under subparagraph (A) not later than 30 days after the +date on which the Secretary makes such determination.''. + (c) Department of Defense Civilian Employees.--Section 481a of +title 10, United States Code, is amended by adding at the end the +following new subsection: + ``(d) Postponement.--(1) The Secretary of Defense may postpone the +conduct of a survey under this section if the Secretary determines that +conducting such survey is not practicable due to a war or national +emergency declared by the President or Congress. + ``(2) The Secretary shall ensure that a survey postponed under +paragraph (1) is conducted as soon as practicable after the end of the +period of war or national emergency concerned, or earlier if the +Secretary determines appropriate. + ``(3) The Secretary shall notify Congress of a determination under +paragraph (1) not later than 30 days after the date on which the +Secretary makes such determination.''. + SEC. 553. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, AND + SUPREMACISM IN WORKPLACE SURVEYS ADMINISTERED BY THE SECRETARY OF + DEFENSE. + Section 593 of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92) is amended-- + (1) by inserting ``(a) Questions Required.--'' before ``The + Secretary''; + (2) in paragraph (1), by inserting ``, racist, anti-Semitic, or + supremacist'' after ``extremist''; and + (3) by adding at the end the following new subsection: + ``(b) Briefing.--Not later than March 1, 2021, the Secretary shall +provide to the Committees on Armed Services of the Senate and the House +of Representatives a briefing including-- + ``(1) the text of the questions included in surveys under + subsection (a); and + ``(2) which surveys include such questions.''. + SEC. 554. INSPECTOR GENERAL OVERSIGHT OF DIVERSITY AND INCLUSION IN + DEPARTMENT OF DEFENSE; SUPREMACIST, EXTREMIST, OR CRIMINAL GANG + ACTIVITY IN THE ARMED FORCES. + (a) Establishment of Additional Deputy Inspector General of the +Department of Defense.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Defense shall appoint, in + the Office of the Inspector General of the Department of Defense, + an additional Deputy Inspector General who-- + (A) shall be a member of the Senior Executive Service of + the Department; and + (B) shall report directly to and serve under the authority, + direction, and control of the Inspector General. + (2) Duties.--Subject to the Inspector General Act of 1978 + (Public Law 95-452; 5 U.S.C. App.), the Deputy Inspector General + shall have the following duties: + (A) Conducting and supervising audits, investigations, and + evaluations of policies, programs, systems, and processes of + the Department-- + (i) to determine the effect of such policies, programs, + systems, and processes regarding personnel on diversity and + inclusion in the Department; and + (ii) to prevent and respond to supremacist, extremist, + and criminal gang activity of a member of the Armed Forces, + including the duties of the Inspector General under + subsection (b). + (B) Additional duties prescribed by the Secretary or + Inspector General. + (3) Coordination of efforts.--In carrying out the duties under + paragraph (2), the Deputy Inspector General shall coordinate with, + and receive the cooperation of the following: + (A) The Inspector General of the Army. + (B) The Inspector General of the Navy. + (C) The Inspector General of the Air Force. + (D) The other Deputy Inspectors General of the Department. + (4) Reports.-- + (A) One-time report.--Not later than 180 days after the + date of the enactment of this Act, the Inspector General shall + submit to the Committees on Armed Services of the Senate and + the House of Representatives a report describing, with respect + to the Deputy Inspector General appointed under this + subsection: + (i) the duties and responsibilities to be assigned to + such Deputy Inspector General; + (ii) the organization, structure, staffing, and funding + of the office established to support such Deputy Inspector + General in the execution of such duties and + responsibilities; + (iii) challenges to the establishment of such Deputy + Inspector General and such office, including any shortfalls + in personnel and funding; and + (iv) the date by which the Inspector General expects + such Deputy Inspector General and the office will reach + full operational capability. + (B) Semiannual reports.--Not later than 30 days after the + end of the second and fourth quarters of each fiscal year + beginning in fiscal year 2022, the Deputy Inspector General + shall submit to the Secretary and the Inspector General a + report including a summary of the activities of the Deputy + Inspector General during the two fiscal quarters preceding the + date of the report. + (C) Annual reports.--The Deputy Inspector General shall + submit, through the Secretary and Inspector General, to the + Committees on Armed Services of the Senate and the House of + Representatives annual reports presenting findings and + recommendations regarding-- + (i) the effects of policies, programs, systems, and + processes of the Department, regarding personnel, on + diversity and inclusion in the Department; and + (ii) the effectiveness of such policies, programs, + systems, and processes in preventing and responding to + supremacist, extremist, and criminal gang activity of a + member of the Armed Forces. + (D) Occasional reports.--The Deputy Inspector General + shall, from time to time, submit to the Secretary and the + Inspector General additional reports as the Secretary or + Inspector General may direct. + (E) Online publication.--The Deputy Inspector General shall + publish each report under this paragraph on a publicly + accessible website of the Department not later than 21 days + after submitting such report to the Secretary, Inspector + General, or the Committees on Armed Services of the Senate and + the House of Representatives. + (b) Establishment of Standard Policies, Processes, Tracking +Mechanisms, and Reporting Requirements for Supremacist, Extremist, and +Criminal Gang Activity in Certain Armed Forces.-- + (1) In general.--The Secretary of Defense shall establish + policies, processes, and mechanisms, standard across the covered + Armed Forces, that ensure that-- + (A) all allegations (and related information) that a member + of a covered Armed Force has engaged in a prohibited activity, + are referred to the Inspector General of the Department of + Defense; + (B) the Inspector General can document and track the + referral, for purposes of an investigation or inquiry of an + allegation described in paragraph (1), to-- + (i) a military criminal investigative organization; + (ii) an inspector general; + (iii) a military police or security police + organization; + (iv) a military commander; + (v) another organization or official of the Department; + or + (vi) a civilian law enforcement organization or + official; + (C) the Inspector General can document and track the + referral, to a military commander or other appropriate + authority, of the final report of an investigation or inquiry + described in subparagraph (B) for action; + (D) the Inspector General can document the determination of + whether a member described in subparagraph (A) engaged in + prohibited activity; + (E) the Inspector General can document whether a member of + a covered Armed Force was subject to action (including + judicial, disciplinary, adverse, or corrective administrative + action) or no action, as the case may be, based on a + determination described in subparagraph (D); and + (F) the Inspector General can provide, or track the + referral to a civilian law enforcement agency of, any + information described in this paragraph. + (2) Report.--Not later than December 1 of each year beginning + after the date of the enactment of this Act, the Secretary of + Defense shall submit to the appropriate congressional committees a + report on the policies, processes, and mechanisms implemented under + paragraph (1). Each report shall include, with respect to the + fiscal year preceding the date of the report, the following: + (A) The total number of referrals received by the Inspector + General under paragraph (1)(A); + (B) The total number of investigations and inquiries + conducted pursuant to a referral described in paragraph (1)(B); + (C) The total number of members of a covered Armed Force + who, on the basis of determinations described in paragraph + (1)(D) that the members engaged in prohibited activity, were + subject to action described in paragraph (1)(E), including-- + (i) court-martial, + (ii) other criminal prosecution, + (iii) non-judicial punishment under Article 15 of the + Uniform Code of Military Justice; or + (iv) administrative action, including involuntary + discharge from the Armed Forces, a denial of reenlistment, + or counseling. + (D) The total number of members of a covered Armed Force + described in paragraph (1)(A) who were not subject to action + described in paragraph (1)(E), notwithstanding determinations + described in paragraph (1)(D) that such members engaged in + prohibited activity. + (E) The total number of referrals described in paragraph + (1)(F). + (3) Definitions.--In this subsection: + (A) The term ``appropriate congressional committees'' + means-- + (i) the Committee on the Judiciary and the Committee on + Armed Services of the Senate; and + (ii) the Committee on the Judiciary and the Committee + on Armed Services of the House of Representatives. + (B) The term ``covered Armed Force'' means an Armed Force + under the jurisdiction of the Secretary of a military + department. + (C) The term ``prohibited activity'' means an activity + prohibited under Department of Defense Instruction 1325.06, + titled ``Handling Dissident and Protest Activities Among + Members of the Armed Forces'', or any successor instruction. + SEC. 555. POLICY TO IMPROVE RESPONSES TO PREGNANCY AND CHILDBIRTH + BY CERTAIN MEMBERS OF THE ARMED FORCES. + (a) Policy Required.--The Secretary of Defense, in coordination +with the Secretaries of the military departments, shall develop a +policy to ensure that the career of a member of the Armed Forces is not +unduly affected because the member is a covered member. The policy +shall address the following: + (1) Enforcement and implementation of the applicable + requirements of the Pregnancy Discrimination Act (Public Law 95- + 555; 42 U.S.C. 2000e(k)). + (2) The need for individual determinations regarding the + ability of members of the Armed Forces to serve during and after + pregnancy. + (3) Responses to the effects specific to covered members who + reintegrate into home life after deployment. + (4) Education and training on pregnancy discrimination to + diminish stigma, stereotypes, and negative perceptions regarding + covered members, including with regards to commitment to the Armed + Forces and abilities. + (5) Opportunities to maintain readiness when positions are + unfilled due to pregnancy, medical conditions arising from + pregnancy or childbirth, pregnancy convalescence, or parental + leave. + (6) Reasonable accommodations for covered members in general + and specific accommodations based on career field or military + occupational specialty. + (7) Consideration of deferments at military educational + institutions for covered members. + (8) Extended assignments and performance reporting periods for + covered members. + (9) A mechanism by which covered members may report harassment + or discrimination, including retaliation, relating to being a + covered member. + (b) Briefing.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall submit to the Committees on +Armed Services of the Senate and House of Representatives-- + (1) a briefing summarizing the policy developed under this + section; and + (2) a copy of the policy. + (c) Definitions.--In this section: + (1) The term ``covered member'' means a member of an Armed + Force under the jurisdiction of the Secretary of a military + department who-- + (A) is pregnant; + (B) gives birth to a child; or + (C) incurs a medical condition arising from pregnancy or + childbirth. + (2) The term ``military educational institution'' means a + postsecondary educational institution established within the + Department of Defense. + SEC. 556. TRAINING ON CERTAIN DEPARTMENT OF DEFENSE INSTRUCTIONS + FOR MEMBERS OF THE ARMED FORCES. + In accordance with Department of Defense Instruction 1300.17, dated +September 1, 2020, and applicable law, the Secretary of Defense shall +implement training on relevant Federal statutes, Department of Defense +Instructions, and the regulations of each military department, +including the responsibility of commanders to maintain good order and +discipline. + SEC. 557. EVALUATION OF BARRIERS TO MINORITY PARTICIPATION IN + CERTAIN UNITS OF THE ARMED FORCES. + (a) Study Required.-- + (1) In general.--Not later than 30 days after the date of the + enactment of this Act, the Under Secretary of Defense for Personnel + and Readiness shall seek to enter into an agreement with a + federally funded research and development center with relevant + expertise to conduct an evaluation of the barriers to minority + participation in covered units of the Armed Forces. + (2) Elements.--The evaluation required under paragraph (1) + shall include the following elements: + (A) A description of the racial, ethnic, and gender + composition of covered units. + (B) A comparison of the participation rates of minority + populations in covered units to participation rates of the + general population as members and as officers of the Armed + Forces. + (C) A comparison of the percentage of minority officers in + the grade of O-7 or higher who have served in each covered unit + to such percentage for all such officers in the Armed Force of + that covered unit. + (D) An identification of barriers to minority (including + English language learners) participation in the recruitment, + accession, assessment, and training processes. + (E) The status and effectiveness of the response to the + recommendations contained in the report of the RAND Corporation + titled ``Barriers to Minority Participation in Special + Operations Forces'' and any follow-up recommendations. + (F) Recommendations to increase the numbers of minority + officers in the Armed Forces. + (G) Recommendations to increase minority participation in + covered units. + (H) Any other matters the Secretary determines appropriate. + (3) Report to congress.--The Secretary shall-- + (A) submit to the congressional defense committees a report + on the results of the study by not later than January 1, 2022; + and + (B) provide interim briefings to such committees upon + request. + (b) Designation.--The study conducted under subsection (a) shall be +known as the ``Study on Reducing Barriers to Minority Participation in +Elite Units in the Armed Services''. + (c) Implementation Required.-- + (1) In general.--Except as provided in paragraph (2), not later + than March 1, 2023, the Secretary of Defense shall commence the + implementation of each recommendation included in the final report + submitted under subsection (a)(3). + (2) Exceptions.-- + (A) Delayed implementation.--The Secretary of Defense may + commence implementation of a recommendation described paragraph + (1) later than March 1, 2023, if-- + (i) the Secretary submits to the congressional defense + committees, not later than January 1, 2023, written notice + of the intent of the Secretary to delay implementation of + the recommendation; and + (ii) includes, as part of such notice, a specific + justification for the delay in implementing the + recommendation. + (B) Nonimplementation.--The Secretary of Defense may elect + not to implement a recommendation described in paragraph (1), + if-- + (i) the Secretary submits to the congressional defense + committees, not later than January 1, 2023, written notice + of the intent of the Secretary not to implement the + recommendation; and + (ii) includes, as part of such notice-- + + (I) the reasons for the Secretary's decision not to + implement the recommendation; and + (II) a summary of alternative actions the Secretary + will carry out to address the purposes underlying the + recommendation. + + (3) Implementation plan.--For each recommendation that the + Secretary implements under this subsection, the Secretary shall + submit to the congressional defense committees an implementation + plan that includes-- + (A) a summary of actions the Secretary has carried out, or + intends to carry out, to implement the recommendation; and + (B) a schedule, with specific milestones, for completing + the implementation of the recommendation. + (d) Covered Units Defined.--In this section, the term ``covered +units'' means the following: + (1) Army Special Forces. + (2) Army Rangers. + (3) Navy SEALs. + (4) Air Force Combat Control Teams. + (5) Air Force Pararescue. + (6) Air Force Special Reconnaissance. + (7) Marine Raider Regiments. + (8) Marine Corps Force Reconnaissance. + (9) Coast Guard Maritime Security Response Team. + (10) Any other forces designated by the Secretary of Defense as + special operations forces. + (11) Pilot and navigator military occupational specialties. + SEC. 558. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON EQUAL + OPPORTUNITY AT THE MILITARY SERVICE ACADEMIES. + Not later than one year after the date of the enactment of this +Act, the Comptroller General of the United States shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report that the following: + (1) The aggregate number of equal opportunity claims filed with + respect to each military service academy during 2019 and 2020. + (2) Of the number of claims specified pursuant to paragraph (1) + for each military service academy, the number of such claims that + were substantiated. + (3) The results of any completed climate survey of cadets or + midshipmen, as applicable, conducted by each military service + academy, and any authorized organization external to such military + service academy, during the two-year period ending on December 31, + 2020 (or such longer period the Comptroller General determines + appropriate). + (4) An analysis of the data reported pursuant to paragraphs (1) + through (3), an assessment whether the data indicates one or more + trends in equal opportunity at the military service academies, and, + if so, a description and assessment of each such trend. + (5) A description and assessment of the Equal Opportunity + programs and other programs to improve the climate of each military + service academy, based on matters raised by equal opportunity + claims, climate surveys, and such other evidence or assessments the + Comptroller General determines appropriate, including an assessment + whether such programs address trends identified pursuant to the + analysis conducted for purposes of paragraph (4). + + Subtitle G--Decorations and Awards + + SEC. 561. EXTENSION OF TIME TO REVIEW WORLD WAR I VALOR MEDALS. + (a) In General.--Section 584(f) of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1281) is amended by striking ``five'' and inserting ``six''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect as if enacted on the date of the enactment of the National +Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 +Stat. 1281). + SEC. 562. AUTHORIZATIONS FOR CERTAIN AWARDS. + (a) Distinguished-Service Cross to Ramiro F. Olivo for Acts of +Valor During the Vietnam War.-- + (1) Authorization.--Notwithstanding the time limitations + specified in section 7274 of title 10, United States Code, or any + other time limitation with respect to the awarding of certain + medals to persons who served in the Armed Forces, the President may + award the Distinguished-Service Cross under section 7272 of such + title to Ramiro F. Olivo for the acts of valor described in + paragraph (2). + (2) Acts of valor described.--The acts of valor described in + this paragraph are the actions of Ramiro F. Olivo on May 9, 1968, + as a member of the Army serving in the Republic of Vietnam. + (b) Medal of Honor to Ralph Puckett, Jr., for Acts of Valor During +the Korean War.-- + (1) Authorization.--Notwithstanding the time limitations + specified in section 7274 of title 10, United States Code, or any + other time limitation with respect to the awarding of certain + medals to persons who served in the Armed Forces, the President may + award the Medal of Honor under section 7271 of such title to Ralph + Puckett, Jr. for the acts of valor described in paragraph (2). + (2) Acts of valor described.--The acts of valor described in + this paragraph are the actions of Ralph Puckett, Jr. on November 25 + and 26, 1950, as a member of the Army serving in Korea, for which + he was awarded the Distinguished-Service Cross. + (c) Medal of Honor to Dwight M. Birdwell for Acts of Valor During +the Vietnam War.-- + (1) Authorization.--Notwithstanding the time limitations + specified in section 7274 of title 10, United States Code, or any + other time limitation with respect to the awarding of certain + medals to persons who served in the Armed Forces, the President may + award the Medal of Honor under section 7271 of such title to Dwight + M. Birdwell for the acts of valor described in paragraph (2). + (2) Acts of valor described.--The acts of valor described in + this paragraph are the actions of Dwight M. Birdwell on January 31, + 1968, as a member of the Army serving in the Republic of Vietnam, + for which he was awarded the Silver Star. + (d) Medal of Honor to Alwyn C. Cashe for Acts of Valor During +Operation Iraqi Freedom.-- + (1) Authorization.--Notwithstanding the time limitations + specified in section 7274 of title 10, United States Code, or any + other time limitation with respect to the awarding of certain + medals to persons who served in the Armed Forces, the President may + award the Medal of Honor under section 7271 of such title to Alwyn + C. Cashe for the acts of valor described in paragraph (2). + (2) Acts of valor described.--The acts of valor described in + this paragraph are the actions of Alwyn C. Cashe on October 17, + 2005, as a member of the Army serving in Iraq in support of + Operation Iraqi Freedom, for which he was posthumously awarded the + Silver Star. + (e) Medal of Honor to Earl D. Plumlee for Acts of Valor During +Operation Enduring Freedom.-- + (1) Authorization.--Notwithstanding the time limitations + specified in section 7274 of title 10, United States Code, or any + other time limitation with respect to the awarding of certain + medals to persons who served in the Armed Forces, the President may + award the Medal of Honor under section 7271 of such title to Earl + D. Plumlee for the acts of valor described in paragraph (2). + (2) Acts of valor described.--The acts of valor described in + this paragraph are the actions of Earl D. Plumlee on August 28. + 2013, as a member of the Army serving in Afghanistan in support of + Operation Enduring Freedom, for which he was awarded the Silver + Star. + SEC. 563. FEASIBILITY STUDY ON ESTABLISHMENT OF SERVICE MEDAL FOR + RADIATION-EXPOSED VETERANS. + (a) Study Required; Report.--Not later than May 1, 2021, the +Secretary of Defense shall submit to the Committees on Armed Services +of the Senate and the House of Representatives a report containing the +results of a study assessing the feasibility of establishing a service +medal to award to radiation-exposed veterans. + (b) Elements.--The report shall contain the following: + (1) An analysis of how the decorations and awards of the + Department of Defense have been updated to reflect the nature of + military service across generations and conflicts. + (2) An assessment of the conditions of service of radiation- + exposed veterans. + (3) Any plan of the Secretary to recognize (by means of a + decoration or award) current, retired, or former members of the + Armed Forces exposed to toxic materials or environments in the + course of military service, including radiation-exposed veterans. + (4) An assessment of the feasibility of establishing an atomic + veterans service device to be added to the National Defense Service + Medal or another appropriate medal. + (5) A determination of the direct or indirect costs to the + Department that would arise from the establishment of such a device + or other appropriate medal. + (6) Any other element the Secretary determines appropriate. + (c) Meeting Required.--In the course of the feasibility study, the +Secretary shall hold no fewer than one meeting with representatives of +organizations that advocate for radiation-exposed veterans (including +leadership of the National Association of Atomic Veterans, Inc.) to +discuss the study and to work with such organizations on steps towards +a mutually agreeable and timely recognition of the valued service of +radiation-exposed veterans. + (d) Radiation-exposed Veteran Defined.--In this section, the term +``radiation-exposed veteran'' has the meaning given that term in +section 1112 of title 38, United States Code. + SEC. 564. EXPRESSING SUPPORT FOR THE DESIGNATION OF SILVER STAR + SERVICE BANNER DAY. + Congress supports the designation of a ``Silver Star Service Banner +Day'' and recommends that the President issues 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. - (a) Authority To Award Bachelor's Degrees.--Section 2168 of title -10, United States Code, is amended-- - (1) in the section heading, by striking ``Associate'' and - inserting ``Associate or Bachelor''; and - (2) by amending subsection (a) to read as follows: - ``(a) Subject to subsection (b), the Commandant of the Defense -Language Institute may confer-- - ``(1) an Associate of Arts degree in a foreign language - upon any graduate of the Foreign Language Center of the - Institute who fulfills the requirements for that degree; or - ``(2) a Bachelor of Arts degree in a foreign language upon - any graduate of the Foreign Language Center of the Institute - who fulfills the requirements for that degree.''. - (b) Clerical Amendment.--The table of sections at the beginning of -chapter 108 of title 10, United States Code, is amended by striking the -item relating to section 2168 and inserting the following new item: + Subtitle H--Member Education, Training, Transition, and Resilience -``2168. Defense Language Institute Foreign Language Center: degree of - Associate or Bachelor of Arts in foreign - language.''. + SEC. 571. MENTORSHIP AND CAREER COUNSELING PROGRAM FOR OFFICERS TO + IMPROVE DIVERSITY IN MILITARY LEADERSHIP. + (a) Program Required.-- + (1) In general.--Section 656 of title 10, United States Code, + is amended-- + (A) by redesignating subsections (b) through (e) as + subsections (c) through (f), respectively; and + (B) by inserting after subsection (a) the following new + subsection (b): + ``(b) Mentoring and Career Counseling Program.-- + ``(1) Program required as part of plan.--With the goal of + having the diversity of the population of officers serving in each + branch, specialty, community, and grade of each armed force reflect + the diversity of the population in such armed force as a whole, the + Secretary of Defense and the Secretary of the Department in which + the Coast Guard is operating shall include in the plan required by + subsection (a) a mentoring and career counseling program for + officers. + ``(2) Elements.--The program required by this subsection shall + include the following: + ``(A) The option for any officer to participate in the + program. + ``(B) For each officer who elects to participate in the + program, the following: + ``(i) One or more opportunities for mentoring and + career counseling before selection of the officer's branch, + specialty, or community. + ``(ii) Ongoing opportunities for mentoring and career + counseling following selection of the officer's branch, + specialty, or community, and continuing through the + officer's military career. + ``(C) Mentoring and counseling during opportunities under + subparagraph (B) consisting of the following: + ``(i) Information on officer retention and promotion + rates in each grade, branch, specialty, and community of + the armed force concerned, including the rate at which + officers in each branch, specialty, or community of such + armed force are promoted to a grade above O-6. + ``(ii) Information on career and service pathways, + including service in the reserve components. + ``(iii) Such other information as may be required to + optimize the ability of an officer to make informed career + decisions through the officer's military career.''. + (2) Performance metrics.--Subsection (c) of such section, as + redesignated by paragraph (1)(A), is amended-- + (A) in the subsection heading, by inserting ``and Mentoring + and Career Counseling Program'' after ``Developing and + Implementing Plan''; and + (B) by inserting ``and the mentoring and career counseling + program under subsection (b)'' after ``the plan under + subsection (a)''. + (3) Conforming and clerical amendments.-- + (A) Heading amendment.--The heading of such section is + amended to read as follows: +``Sec. 656. Diversity in military leadership: plan; mentoring and + career counseling program''. + (B) Table of sections.--The table of sections at the + beginning of chapter 37 of such title is amended by striking + the item relating to section 656 and inserting the following + new item: -SEC. 557. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED - STATES AIR FORCE ACADEMY. +``656. Diversity in military leadership: plan; mentoring and career + counseling program.''. - Section 9431(b)(4) of title 10, United States Code, is amended by -striking ``23'' and inserting ``25''. - -SEC. 558. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR MILITARY - SERVICE ACADEMIES. - - (a) Congressional Nominations Portal.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Secretary, in consultation with - the Superintendents of the military service academies, shall - ensure that there is a uniform online portal for all military - service academies that enables Members of Congress to nominate - individuals for appointment to each academy through a secure - website. - (2) Information collection and reporting.--The online - portal established under paragraph (1) shall-- - (A) collect, from each Member of Congress, the - demographic information described in subsection (b) for - each individual nominated by the Member; and - (B) collect the information required to be included - in each annual report of the Secretary under subsection - (c) in a manner that enables the Secretary to - automatically compile such information when preparing - the report. - (3) Availability of information.--The portal shall allow - Members of Congress and their designees to view past nomination - records for all application cycles. + (b) Report.-- + (1) In general.--Not later than 270 days after the date of the + enactment of this Act, the Secretary of Defense shall, in + coordination with the Secretary of the Department in which the + Coast Guard is operating, submit to the appropriate committees of + Congress a report on the mentoring and career counseling program + established pursuant to subsection (b) of section 656 of title 10, + United States Code (as amended by subsection (a)). + (2) Elements.--The report under paragraph (1) shall include the + following: + (A) A description of the manner in which each Armed Force + will implement the mentoring and counseling program, + (B) A description of the metrics that will be used to + measure progress in developing and implementing the mentoring + and career counseling program. + (C) For each Armed Force, an explanation whether the + mentoring and career counseling program will be carried out as + part of another program of such Armed Force or through the + establishment of a separate subprogram or subprograms of such + Armed Force. + (D) A description of the additional resources, if any, that + will be required to implement the mentoring and career + counseling program, including the specific number of additional + personnel authorizations that will be required to staff the + program. + (E) Such other information on the mentoring and career + counseling program as the Secretary of Defense and the + Secretary of the Department in which the Coast Guard is + operating consider appropriate. + (3) Appropriate committees of congress defined.--In this + subsection, the term ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services and the Committee on + Commerce, Science, and Transportation of the Senate; and + (B) the Committee on Armed Services and the Committee on + Transportation and Infrastructure of the House of + Representatives. + SEC. 572. EXPANSION OF SKILLBRIDGE PROGRAM TO INCLUDE THE COAST + GUARD. + Section 1143(e) of title 10, United States Code, is amended-- + (1) in paragraph (1), by striking ``of a military department'' + and inserting ``concerned''; + (2) in paragraph (3), by striking ``of the military + department''; and + (3) in paragraph (4), by striking ``of Defense'' and inserting + ``concerned''. + SEC. 573. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED + STATES AIR FORCE ACADEMY. + Section 9431(b)(4) of title 10, United States Code, is amended by +striking ``23'' and inserting ``25''. + SEC. 574. ADDITIONAL ELEMENTS WITH 2021 AND 2022 CERTIFICATIONS ON + THE READY, RELEVANT LEARNING INITIATIVE OF THE NAVY. + (a) Additional Elements With 2021 Certifications.--In submitting to +Congress in 2021 the certifications required by section 545 of the +National Defense Authorization Act for Fiscal Year 2018 (Public Law +115-91; 131 Stat. 1396; 10 U.S.C. 8431 note prec.), relating to the +Ready, Relevant Learning initiative of the Navy, the Secretary of the +Navy shall also submit each of the following: + (1) A framework for a life cycle sustainment plan for the + Ready, Relevant Learning initiative meeting the requirements in + subsection (b). + (2) A report on the use of readiness assessment teams in + training addressing the elements specified in subsection (c). + (b) Life Cycle Sustainment Plan Framework.--The framework for a +life cycle sustainment plan required by subsection (a)(1) shall address +each of the following: + (1) Product support management. + (2) Supply support. + (3) Packaging, handling, storage, and transportation. + (4) Maintenance planning and management. + (5) Design interface. + (6) Sustainment engineering. + (7) Technical data. + (8) Computer resources. + (9) Facilities and infrastructure. + (10) Manpower and personnel. + (11) Support equipment. + (12) Training and training support. + (13) Course content and relevance. + (14) Governance, including the acquisition and program + management structure. + (15) Such other elements in the life cycle sustainment of the + Ready, Relevant Learning initiative as the Secretary considers + appropriate. + (c) Report on Use of Readiness Assessment Teams.--The report +required by subsection (a)(2) shall set forth the following: + (1) A description and assessment of the extent to which the + Navy is currently using Engineering Readiness Assessment Teams and + Combat Systems Readiness Assessment Teams to conduct unit-level + training and assistance in each capacity as follows: + (A) To augment non-Ready, Relevant Learning initiative + training. + (B) As part of Ready, Relevant Learning initiative + training. + (C) To train students on legacy, obsolete, one of a kind, + or unique systems that are still widely used by the Navy. + (D) To train students on military-specific systems that are + not found in the commercial maritime world. + (2) A description and assessment of potential benefits, and + anticipated timelines and costs, in expanding Engineering Readiness + Assessment Team and Combat Systems Readiness Assessment Team + training in the capacities specified in paragraph (1). + (3) Such other matters in connection with the use of readiness + assessment teams in connection with the Ready, Relevant Learning + initiative as the Secretary considers appropriate. + (d) Life Cycle Sustainment Plan With 2022 Certifications.--In +submitting to Congress in 2022 the certifications required by section +545 of the National Defense Authorization Act for Fiscal Year 2018, the +Secretary shall also submit the approved life cycle sustainment plan +for the Ready, Relevant Learning initiative of the Navy, based on the +framework for the plan developed for purposes of subsection (a)(1). + SEC. 575. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR MILITARY + SERVICE ACADEMIES. + (a) Nominations Portal.-- + (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 Superintendents of the military service academies, shall + ensure that there is a uniform online portal for all military + service academies that enables Members of Congress and other + nominating sources to nominate individuals for appointment to each + academy through a secure website. + (2) Information collection and reporting.--The online portal + established under paragraph (1) shall have the ability to-- + (A) collect, from each nominating source, the demographic + information described in subsection (b) for each individual + nominated to attend a military service academy; and + (B) collect the information required to be included in each + annual report of the Secretary under subsection (c) in a manner + that enables the Secretary to automatically compile such + information when preparing the report. + (3) Availability of information.--The portal shall allow + Members of Congress, other nominating sources, and their designees + to view their past nomination records for all application cycles. (b) Standard Classifications for Collection of Demographic Data.-- - (1) Standards required.--The Secretary, in consultation - with the Superintendents of the military service academies, - shall establish standard classifications that cadets, - midshipmen, and applicants to the academies may use to self- - identify gender, race, and ethnicity and to provide other - demographic information in connection with admission to or - enrollment in an academy. - (2) Consistency with omb guidance.--The standard - classifications established under paragraph (1) shall be - consistent with the standard classifications specified in - Office of Management and Budget Directive No. 15 (pertaining to - race and ethnic standards for Federal statistics and - administrative reporting) or any successor directive. - (3) Incorporation into applications and records.--Not later - than 180 days after the date of the enactment of this Act, the - Secretary shall incorporate the standard classifications - established under paragraph (1) into-- - (A) applications for admission to the military - service academies; and - (B) the military personnel records of cadets and - midshipmen enrolled in such academies. + (1) Standards required.--The Secretary, in consultation with + the Superintendents of the military service academies, shall + establish standard classifications that cadets, midshipmen, and + applicants to the academies may use to report gender, race, and + ethnicity and to provide other demographic information in + connection with admission to or enrollment in an academy. + (2) Consistency with omb guidance.--The standard + classifications established under paragraph (1) shall be consistent + with the standard classifications specified in Office of Management + and Budget Directive No. 15 (pertaining to race and ethnic + standards for Federal statistics and administrative reporting) or + any successor directive. + (3) Incorporation into applications and records.--Not later + than 180 days after the date of the enactment of this Act, the + Secretary shall incorporate the standard classifications + established under paragraph (1) into-- + (A) applications for admission to the military service + academies; and + (B) the military personnel records of cadets and midshipmen + enrolled in such academies. (c) Annual Report on the Demographics Military Service Academy Applicants.-- - (1) Report required.--Not later than September 30 of each - year beginning after the date of the enactment of this Act, the - Secretary shall submit to the congressional defense committees - a report on the demographics of applicants to military service - academies for the most recently concluded application year. - (2) Elements.--Each report under paragraph (1) shall - include, with respect to each military service academy, the - following: - (A) The number of individuals who submitted an - application for admission to the academy in the - application year covered by the report. - (B) Of the individuals who submitted an application - for admission to the academy in such year-- - (i) the overall demographics of applicant - pool, disaggregated by the classifications - established under subsection (b) and by Member - of Congress; - (ii) the number and percentage who received - a nomination, disaggregated by the - classifications established under subsection - (b) and by Member of Congress; - (iii) the number and percentage who - received an offer for appointment to the - academy, disaggregated by the classifications - established under subsection (b) and by Member - of Congress; and - (iv) the number and percentage who accepted - an appointment to the academy, disaggregated by - the classifications established under - subsection (b) and by Member of Congress. - (3) Consultation.--In preparing each report under paragraph - (1), the Secretary shall consult with the Superintendents of - the military service academies. - (4) Availability of reports and data.--The Secretary - shall-- - (A) make the results of each report under paragraph - (1) available on a publicly accessible website of the - Department of Defense; and - (B) ensure that any data included with the report - is made available in a machine-readable format that is - downloadable, searchable, and sortable. + (1) Report required.--Not later than September 30 of each year + beginning after the establishment of the online portal, the + Secretary shall submit to the Committees on Armed Services of the + Senate and the House of Representatives a report on the + demographics of applicants to military service academies for the + most recently concluded application year. + (2) Elements.--Each report under paragraph (1) shall include, + with respect to each military service academy, the following: + (A) The number of individuals who submitted an application + for admission to the academy in the application year covered by + the report. + (B) Of the individuals who submitted an application for + admission to the academy in such year-- + (i) the overall demographics of applicant pool, + disaggregated by the classifications established under + subsection (b); + (ii) the number and percentage who received a + nomination, disaggregated by the classifications + established under subsection (b); + (iii) the number and percentage who received an offer + for appointment to the academy, disaggregated by the + classifications established under subsection (b); and + (iv) the number and percentage who accepted an + appointment to the academy, disaggregated by the + classifications established under subsection (b). + (3) Consultation.--In preparing each report under paragraph + (1), the Secretary shall consult with the Superintendents of the + military service academies. + (4) Availability of reports and data.--The Secretary shall-- + (A) make the results of each report under paragraph (1) + available on a publicly accessible website of the Department of + Defense; and + (B) ensure that any data included with the report is made + available in a machine-readable format that is downloadable, + searchable, and sortable. (d) Definitions.--In this section: - (1) The term ``application year'' means the period - beginning on January 1 of one year and ending on June 1 of the - following year. - (2) The term ``congressional defense committees'' has the - meaning given that term in section 101(a)(16) of title 10, - United States Code. - (3) The term ``machine-readable'' has the meaning given - that term in section 3502(18) of title 44, United States Code. - (4) The term ``military service academy'' means-- - (A) the United States Military Academy; - (B) the United States Naval Academy; and - (C) the United States Air Force Academy. - (5) The term ``Secretary'' means the Secretary of Defense. - -SEC. 559. TRANSFORMATION OF THE PROFESSIONAL MILITARY EDUCATION - ENTERPRISE. - - (a) Sense of Congress.--It is the sense of Congress that-- - (1) professional military education is foundational to the - development of ethical and effective military leaders and vital - to national security; - (2) oversight of professional military education is an - essential part of Congress' constitutional responsibilities to - regulate and maintain the Armed Forces of the United States; - (3) reform of the professional military education system, - as directed by the congressional defense committees, has played - a central role in the institutionalization of jointness as - envisioned by the Goldwater-Nichols Department of Defense - Reorganization Act of 1986 (Public Law 99-433); - (4) the Goldwater-Nichols professional military education - model has served the Nation well since the end of the Cold War - by enabling successful joint military operations across the - spectrum of conflict; - (5) recent changes in the national security environment - require that the professional military education enterprise - adapt to prepare the joint force to successfully defend - American interests in evolving areas of strategic competition; - and - (6) the Department of Defense must transform the - professional military education enterprise to meet these - challenges by emphasizing focused and rigorous intellectual - study reflecting the hard won strategic insights of history, - while leveraging advancements in the modern learning - environment. - (b) Limitation.--None of the funds authorized to be appropriated by -this Act or otherwise made available for fiscal year 2021 for the -Department of Defense may be obligated or expended consolidate, close, -or significantly change the curriculum of the National Defense -University or any institution of professional military education of an -Armed Force until a period of 120 days has elapsed following the date -on which the Under Secretary of Defense for Personnel and Readiness -submits the report required under subsection (c). - (c) Report Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense, acting - through the Under Secretary of Defense for Personnel and - Readiness, shall submit to the Committees on Armed Services of - the Senate and the House of Representatives a report on the - status of the professional military education enterprise. - (2) Elements.--The report required under paragraph (1) - shall include the following: - (A) A consolidated summary that-- - (i) lists all components of the - professional military education enterprise of - the Department of Defense, including all - associated schools, programs, research centers, - and support activities; and - (ii) for each such component, identifies - the assigned personnel strength, annual student - throughput, and budget details covering the - period of 3 fiscal years preceding the date of - the report. - (B) An assessment of the effectiveness and - shortfalls of the existing professional military - education enterprise as measured against graduate - utilization, post-graduate evaluations, and the - education and force development requirements of the - Chairman of the Joint Chiefs of Staff and the Chiefs of - the Armed Forces. - (C) Recommendations to improve the intellectual - readiness of the joint force through reforms designed - to-- - (i) improve the warfighting readiness, - intellectual fitness and cognitive ingenuity of - military leaders; - (ii) promote development of strategic - thinkers capable of developing integrated - political-military and cross-domain strategies - and new doctrinal concepts; - (iii) enhance the effectiveness, coherence, - and efficiency of individual service approaches - to professional military education; - (iv) improve the depth and rigor of - professional military education curriculum in - alignment with national defense strategy pacing - threats while enhancing strategic relationships - and operational integration with key allies and - international security partners; and - (v) foster the deliberate development of - world-class faculty through increasing the - value of faculty assignments and other - appropriate measures. - -SEC. 560. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS OF THE NATIONAL - DEFENSE UNIVERSITY. - + (1) The term ``application year'' means the period beginning on + January 1 of one year and ending on June 1 of the following year. + (2) The term ``machine-readable'' has the meaning given that + term in section 3502(18) of title 44, United States Code. + (3) The term ``military service academy'' means-- + (A) the United States Military Academy; + (B) the United States Naval Academy; and + (C) the United States Air Force Academy. + SEC. 576. REPORT ON POTENTIAL IMPROVEMENTS TO CERTAIN MILITARY + EDUCATIONAL INSTITUTIONS OF THE DEPARTMENT OF DEFENSE. + (a) Report Required.--Not later than December 1, 2021, the +Secretary of Defense, in consultation with the Chairman of the Joint +Chiefs of Staff, shall submit to the Committees on Armed Services of +the Senate and the House of Representatives a report setting forth the +results of a review and assessment, obtained by the Secretary for +purposes of the report, of the potential effects on the military +education provided by the educational institutions of the Department of +Defense specified in subsection (b) of the actions described in +subsection (c). + (b) Educational Institutions of the Department of Defense.--The +educational institutions of the Department of Defense specified in this +subsection are the following: + (1) The senior level service schools and intermediate level + service schools (as such terms are defined in section 2151(b) of + title 10, United States Code). + (2) The Air Force Institute of Technology. + (3) The National Defense University. + (4) The Joint Special Operations University. + (5) The Army Armament Graduate School. + (6) Any other military educational institution of the + Department specified by the Secretary for purposes of this section. + (c) Actions.--The actions described in this subsection with respect +to the educational institutions of the Department of Defense specified +in subsection (b) are the following: + (1) Modification of admission and graduation requirements. + (2) Expansion of use of case studies in curricula for + professional military education. + (3) Reduction or expansion of degree-granting authority. + (4) Reduction or expansion of the acceptance of research + grants. + (5) Reduction or expansion of the number of attending students + generally. + (6) Modification of military personnel career milestones in + order to prioritize instructor positions. + (7) Increase in educational and performance requirements for + military personnel selected to be instructors. + (8) Expansion of visiting or adjunct faculty. + (9) Modification of civilian faculty management practices, + including employment practices. + (10) Reduction of the number of attending students through the + sponsoring of education of an increased number of students at non- + Department of Defense institutions of higher education. + (d) Additional Elements.--In addition to the matters described in +subsection (a), the review and report under this section shall also +include the following: + (1) A consolidated summary that lists all components of the + professional military education enterprise of the Department of + Defense, including all associated schools, programs, research + centers, and support activities. + (2) For each component identified under paragraph (1), the + assigned personnel strength, annual student throughput, and budget + details of the three fiscal years preceding the date of the report. + (3) An assessment of the differences between admission + standards and graduation requirements of the educational + institutions of the Department of Defense specified in subsection + (b) and such admission standards and graduation requirements of + public and private institutions of higher education that the + Secretary determines comparable to the educational institutions of + the Department of Defense. + (4) An assessment of the requirements of the goals and missions + of the educational institutions of the Department of Defense + specified in subsection (b) and any need to adjust such goals and + missions to meet national security requirements of the Department. + (5) An assessment of the effectiveness and shortfalls of the + existing professional military education enterprise as measured + against graduate utilization, post-graduate evaluations, and the + education and force development requirements of the Chairman of the + Joint Chiefs of Staff and the Chiefs of the Armed Forces. + (6) Any other matters the Secretary determines appropriate for + purposes of this section. + SEC. 577. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS OF THE NATIONAL + DEFENSE UNIVERSITY. (a) Prohibition.--The Secretary of Defense may not eliminate, divest, downsize, or reorganize the College of International Security Affairs, nor its satellite program, the Joint Special Operations @@ -13109,288 +14949,102 @@ defense committees receive the report required by subsection (c). (b) Assessment, Determination, and Review.--The Under Secretary of Defense for Policy, in consultation with the Under Secretary of Defense for Personnel and Readiness, the Assistant Secretary of Defense for -Special Operations/Low-Intensity Conflict , the Deputy Assistant +Special Operations/Low-Intensity Conflict, the Deputy Assistant Secretary of Defense for Counternarcotics and Global Threats, the Deputy Assistant Secretary of Defense for Stability and Humanitarian Affairs, the Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism, the Chief Financial Officer of the Department, the Chairman of the Joint Chiefs of Staff, and the Commander of United States Special Operations Command, shall-- - (1) assess requirements for joint professional military - education and civilian leader education in the - counterterrorism, irregular warfare, and asymmetrical domains - to support the Department and other national security - institutions of the Federal Government; - (2) determine whether the importance, challenges, and - complexity of the modern counterterrorism environment and - irregular and asymmetrical domains warrant-- - (A) a college at the National Defense University, - or a college independent of the National Defense - University whose leadership is responsible to the - Office of the Secretary of Defense; and - (B) the provision of resources, services, and - capacity at levels that are the same as, or decreased - or enhanced in comparison to, those resources, - services, and capacity in place at the College of - International Security Affairs on January 1, 2019; - (3) review the plan proposed by the National Defense - University for eliminating the College of International - Security Affairs and reducing and restructuring the - counterterrorism, irregular, and asymmetrical faculty, course - offerings, joint professional military education and degree and - certificate programs, and other services provided by the - College; and - (4) assess the changes made to the College of International - Security Affairs since January 1, 2019, and the actions - necessary to reverse those changes, including relocating the - College and its associated budget, faculty, staff, students, - and facilities outside of the National Defense University. + (1) assess requirements for joint professional military + education and civilian leader education in the counterterrorism, + irregular warfare, and asymmetrical domains to support the + Department and other national security institutions of the Federal + Government; + (2) determine whether the importance, challenges, and + complexity of the modern counterterrorism environment and irregular + and asymmetrical domains warrant-- + (A) a college at the National Defense University, or a + college independent of the National Defense University whose + leadership is responsible to the Office of the Secretary of + Defense; and + (B) the provision of resources, services, and capacity at + levels that are the same as, or decreased or enhanced in + comparison to, those resources, services, and capacity in place + at the College of International Security Affairs on January 1, + 2019; + (3) review the plan proposed by the National Defense University + for eliminating the College of International Security Affairs and + reducing and restructuring the counterterrorism, irregular, and + asymmetrical faculty, course offerings, joint professional military + education and degree and certificate programs, and other services + provided by the College; and + (4) assess the changes made to the College of International + Security Affairs since January 1, 2019, and the actions necessary + to reverse those changes, including relocating the College and its + associated budget, faculty, staff, students, and facilities outside + of the National Defense University. (c) Report Required.--Not later than February 1, 2021, the Secretary shall submit to the congressional defense committees a report on-- - (1) the findings of the Secretary with respect to the - assessments, determination, and review conducted under - subsection (b); and - (2) such recommendations as the Secretary may have for - higher education in the counterterrorism, irregular, and - asymmetrical domains. - -SEC. 560A. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE PROFESSIONAL MILITARY - EDUCATION. - - (a) Establishment.--The Secretary of Defense, acting through the -Chairman of the Joint Chiefs of Staff and in consultation with the -Under Secretary of Defense for Personnel and Readiness, shall establish -and maintain a public-private consortium (referred to in this section -as the ``Consortium'') to improve and broaden professional military -education for military officers and civilian employees of the Federal -Government. - (b) Directors.-- - (1) In general.--The President of the National Defense - University and the head of a civilian institution of higher - education appointed in accordance with paragraph (3) shall - serve as co-directors of the Consortium. - (2) Responsibilities of co-directors.--The co-directors - shall be responsible for-- - (A) the administration and management of the - Consortium; and - (B) developing a common curriculum for professional - military education using input received from members of - the Consortium. - (3) Appointment of co-director from civilian institution.-- - Not later than June 1, 2021, the Secretary of Defense shall - appoint an individual who is the President or Chancellor of a - civilian institution of higher education to serve as co- - director of the Consortium as described in paragraph (1). - (4) Term of co-director.--The co-director appointed under - paragraph (3) shall serve an initial term of 5 years. The - Secretary of Defense may reappoint such co-director for one or - more additional terms of not more than 5 years, as the - Secretary determines appropriate. - (5) Authority.--In the event that a conflict arises between - co-directors of the Consortium, the conflict shall be resolved - by the Director for Joint Force Development of the Joint Chiefs - of Staff (J-7). - (c) Activities of Consortium.--The Consortium shall carry out the -following activities: - (1) Bring the military education system (including military - service academies, institutions that provide professional - military education, and other institutions the provide military - education) together with a broad group of civilian institutions - of higher education, policy research institutes, and the - commercial sector to develop and continually update a research- - based curriculum to prepare early career, mid-career, and - senior military officers and civilian employees of the Federal - Government to succeed in an era that will be predominantly - defined by great power competition and in which security - challenges will transcend the traditional areas of defense - expertise, becoming more complex and inter-related than before, - with disruptions that will manifest rapidly and with little - warning. - (2) Train military officers and civilian educators serving - in the joint professional military education system to - implement the curriculum developed under paragraph (2) at the - institutions they serve. - (3) On a regular basis, make recommendations to the - Secretary about how the joint professional military education - system should be modified to meet the challenges of apparent or - possible future defense, national security, and international - environments. - (d) Members.--The Consortium shall be composed of representatives -selected by the Secretary of Defense from the following organizations: - (1) Organizations within the joint professional military - education system. - (2) Military service academies. - (3) Other institutions of the Federal Government that - provide military education. - (4) Civilian institutions of higher education. - (5) Private sector and government policy research - institutes. - (6) Organizations in the commercial sector, including - organizations from the industrial, finance, and technology - sectors. - (e) Annual Report.--Not later than September 30, 2022, and annually -thereafter, the co-directors of the Consortium shall submit to the -Secretary of Defense and the congressional defense committees a report -that describes the activities carried out by the Consortium during the -preceding year. - (f) Civilian Institution Defined.--In this section, the term -``civilian institution of higher education'' means an institution of -higher education (as defined in section 101 of the Higher Education Act -of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the -Federal Government. - -SEC. 560B. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS OF THE - ARMED FORCES IN THE SKILLBRIDGE PROGRAM. - - Section 1143(e)(2) of title 10, United States Code, is amended to -read as follows: - ``(2) A member of the armed forces is eligible for a program under -this subsection if-- - ``(A) the member-- - ``(i) has completed at least 180 days on active - duty in the armed forces; and - ``(ii) is expected to be discharged or released - from active duty in the armed forces within 180 days of - the date of commencement of participation in such a - program; or - ``(B) the member is a member of a reserve component.''. - -SEC. 560C. STUDY REGARDING VA PARTICIPATION IN TAP. - - Not later than December 31, 2022, the Secretaries of Defense and -Veterans Affairs shall submit to the congressional defense committees -and the Committees on Veterans' Affairs of the Senate and House of -Representatives a report on the results of a study on the feasibility -of having representatives of the Department of Veterans Affairs present -during counseling sessions under section 1142 of title 10, United -States Code, to set up premium eBenefits accounts of the Department of -Veterans Affairs for members of the Armed Forces participating in the -Transition Assistance Program. - -SEC. 560D. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY - CERTIFICATIONS TO CIVILIAN OCCUPATIONAL LICENSES AND - CERTIFICATIONS. - - (a) Study; Report.--Not later than 1 year after the date of the + (1) the findings of the Secretary with respect to the + assessments, determination, and review conducted under subsection + (b); and + (2) such recommendations as the Secretary may have for higher + education in the counterterrorism, irregular, and asymmetrical + domains. + SEC. 578. IMPROVEMENTS TO THE CREDENTIALING OPPORTUNITIES ON-LINE + PROGRAMS OF THE ARMED FORCES. + (a) Study on Performance Measures.--The Secretary of Defense shall +conduct a study to determine additional performance measures to +evaluate the effectiveness of the Credentialing Opportunities On-Line +programs (in this section referred to as the ``COOL programs'') of each +Armed Force in connecting members of the Armed Forces with professional +credential programs. The study shall include the following: + (1) The percentage of members of the Armed Force concerned + described in section 1142(a) of title 10, United States Code, who + participate in a professional credential program through the COOL + program of the Armed Force concerned. + (2) The percentage of members of the Armed Force concerned + described in paragraph (1) who have completed a professional + credential program described in that paragraph. + (3) The amount of funds obligated and expended to execute the + COOL program of each Armed Force during the five fiscal years + immediately preceding the date of the study. + (4) Any other element determined by the Secretary of Defense. + (b) Information Tracking.--The Secretary of Defense shall establish +a process to standardize the tracking of information regarding the COOL +programs across the Armed Forces. + (c) Coordination.--To carry out this section, the Secretary of +Defense may coordinate with the Secretaries of Veterans Affairs and +Labor. + (d) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and House of Representatives +a report on-- + (1) the study conducted under subsection (a); and + (2) the process established under subsection (b), including a + timeline to implement such process. + SEC. 579. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY + CERTIFICATIONS TO CIVILIAN OCCUPATIONAL LICENSES AND + CERTIFICATIONS. + (a) Study; Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States -shall submit to Congress a report containing the results of a study +shall submit to the Committees on Armed Services of the Senate and +House of Representatives a report containing the results of a study regarding the transferability of military certifications to civilian occupational licenses and certifications. (b) Elements.--The report under this section shall include the following: - (1) Obstacles to transference of military certifications. - (2) Any effects of the transferability of military - certifications on recruitment and retention. - (3) Examples of certifications obtained from the Federal - Government that transfer to non-Federal employment. - -SEC. 560E. TRANSITION OUTREACH. - - The Secretary of Defense, in coordination with the Secretaries of -Veterans Affairs and Labor, shall encourage contact between members of -the Armed Forces participating in the Transition Assistance Program -under sections 1142 and 1144 of title 10, United States Code, and local -communities, to promote employment opportunities for such members. Such -contact shall include, to the extent practicable, public-private -partnerships. - -SEC. 560F. CONTINUED PARTICIPATION OF SEPARATED MEMBERS OF THE ARMED - FORCES IN SKILLBRIDGE PROGRAMS. - - Section 1143(e) of title 10, United States Code, is amended-- - (1) by redesignating paragraph (3) as paragraph (4); and - (2) by inserting after paragraph (2) the following new - paragraph (3): - ``(3) In the case of an eligible member who enrolls in a - program under this subsection and who is discharged or released - from active duty in the armed forces before the completion of - the program, such member may continue to participate in the - program until the completion of the program. The continued - participation of such a member in such a program shall have no - effect on the discharge or separation date of the member or the - eligibility of the member for any pay or benefits.''. - -SEC. 560G. EXPANSION OF SKILLBRIDGE PROGRAM TO INCLUDE THE COAST GUARD. - - Section 1143(e) of title 10, United States Code, is amended-- - (1) in paragraph (1), by striking ``of a military - department'' and inserting ``concerned''; - (2) in paragraph (3), by striking ``of the military - department''; and - (3) in paragraph (4), by striking ``of Defense'' and - inserting ``concerned''. - -SEC. 560H. ESTABLISHMENT OF PERFORMANCE MEASURES FOR THE CREDENTIALING - OPPORTUNITIES ON-LINE PROGRAMS OF THE ARMED FORCES. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall establish -additional performance measures to evaluate the effectiveness of the -COOL programs of each Armed Force in connecting members of the Armed -Forces with professional credential programs. Such measures shall -include the following: - (1) The percentage of members of the Armed Force concerned - described in section 1142(a) of title 10, United States Code, - who participate in a professional credential program through - the COOL program of the Armed Force concerned. - (2) The percentage of members of the Armed Force concerned - described in paragraph (1) who have completed a professional - credential program described in that paragraph. - (3) The percentage of members of the Armed Force concerned - described in paragraphs (1) and (2) who are employed not later - than one year after separation or release from the Armed - Forces. - (b) Coordination.--To carry out this section, the Secretary of -Defense may coordinate with the Secretaries of Veterans Affairs and -Labor. - -SEC. 560I. AUTHORITY OF MILITARY EDUCATIONAL INSTITUTIONS TO ACCEPT - RESEARCH GRANTS. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense, in consultation with -the Secretaries of the military departments, shall issue regulations -under which faculty of military educational institutions shall be -authorized to accept research grants from individuals and entities -outside the Department of Defense. - (b) Military Educational Institution Defined.--In this section, the -term ``military educational institution'' means a postsecondary -educational institution established within the Department of Defense. - -SEC. 560J. REPORT ON OFFICER TRAINING IN IRREGULAR WARFARE. - - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -appropriate congressional committees a report on the training in -irregular warfare, if any, provided to officers of the Armed Forces as -part of the regular course of instruction for such officers. - (b) Elements.--The report under subsection (a) shall include-- - (1) the level of instruction in irregular warfare typically - provided to officers; - (2) the number of hours of instruction at each level; and - (3) a description of the subject areas covered by the - instruction. - (c) Exclusion of Specialized Training.--The report under subsection -(a) shall not include information on specialized or branch-specific -training in irregular warfare provided to certain officers as part of a -specialized course of instruction. - (d) Definitions.--In this section: - (1) The term ``appropriate congressional committees'' - means-- - (A) the Committee on Armed Services and the - Committee on Foreign Relations of the Senate; and - (B) the Committee on Armed Services and the - Committee on Foreign Affairs of the House of - Representatives. - (2) The term ``irregular warfare'' has the meaning given - that term in the Joint Operating Concept of the Department of - Defense titled ``Irregular Warfare: Countering Irregular - Threats'', version 2.0, dated May 17, 2010. - -SEC. 560K. REPORT REGARDING COUNTY, TRIBAL, AND LOCAL VETERANS SERVICE - OFFICERS. - + (1) Obstacles to transference of military certifications. + (2) Any effects of the transferability of military + certifications on recruitment and retention. + (3) Examples of certifications obtained from the Federal + Government that transfer to non-Federal employment. + (4) An assessment of the effectiveness of the credentialing + programs of each Armed Force. +SEC. 579A. REPORT REGARDING COUNTY, TRIBAL, AND LOCAL VETERANS SERVICE +OFFICERS. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall submit to the Committees on @@ -13398,360 +15052,475 @@ Armed Services and on Veterans' Affairs of the House of Representatives and Senate a report regarding the effects of the presence of CVSOs at demobilization centers on members of the Armed Forces making the transition to civilian life. - (b) Metrics.--In determining the effects described in subsection -(a), the Secretary of Defense shall use metrics including the -following: - (1) Feedback from members described in subsection (a) and - from veterans regarding interactions with CVSOs. - (2) Greater use of benefits (including health care, - employment services, education, and home loans) available to - veterans under laws administered by the Secretary of-- - (A) Veterans Affairs; - (B) Labor; - (C) Health and Human Services; - (D) Housing and Urban Development; or - (E) Education. - (3) Greater use of benefits available to veterans not - described in paragraph (2). - (4) Frequencies of post-demobilization follow-up meetings - initiated by-- - (A) a CVSO; or - (B) a veteran. - (5) Awareness and understanding of local support services - (including CVSOs) available to veterans. - (c) Elements.--The report under this section shall include the + (b) Elements.--The report under this section shall include the following: - (1) The number of demobilization centers that host CVSOs. - (2) The locations of demobilization centers described in - paragraph (1). - (3) Barriers to expanding the presence of CVSOs at - demobilization centers nationwide. - (4) Recommendations of the Secretary of Defense regarding - the presence of CVSOs at demobilization centers. - (d) CVSO Defined.--In this section, the term ``CVSO'' includes-- - (1) a county veterans service officer; - (2) a Tribal veterans service officer; - (3) a Tribal veterans representative; or - (4) another State, Tribal, or local entity that the - Secretary of Defense determines appropriate. - -SEC. 560L. LIMITED EXCEPTION FOR ATTENDANCE OF ENLISTED PERSONNEL AT - SENIOR LEVEL AND INTERMEDIATE LEVEL OFFICER PROFESSIONAL - MILITARY EDUCATION COURSES. - - Section 559 of the John S. McCain National Defense Authorization -Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1775) is -amended-- - (1) in subsection (a), by striking ``None of the funds'' - and inserting ``Except as provided in subsection (b), none of - the funds''; - (2) by redesignating subsections (b) and (c) as subsections - (c) and (d), respectively; and - (3) by inserting after subsection (a) the following new - subsection: - ``(b) Exception.--Funds authorized to be appropriated or otherwise -made available for the Department of Defense may be obligated or -expended for the purpose of the attendance of enlisted personnel at -senior level and intermediate level officer professional military -education courses if-- - ``(1) the enlisted personnel attending such courses have - completed professional military education at the appropriate - grade prior to attendance; - ``(2) the Secretary concerned (as defined in section - 101(a)(9) of title 10, United States Code) establishes a - screening and selection process to choose enlisted personnel to - attend such courses; - ``(3) with respect to attendees of resident programs-- - ``(A) the Secretary concerned establishes a - utilization policy for enlisted graduates of such - programs; and - ``(B) attendees of such programs agree to a 3-year - service obligation after completion of such programs; - ``(4) the Secretary concerned authorizes enlisted personnel - to attend only after the Secretary determines all requirements - for attendance of officers at such courses have been met; and - ``(5) an officer is not denied attendance at such courses - for the primary purpose of allowing enlisted personnel to - attend.''. - -SEC. 560M. LIMITATION ON ELIGIBILITY OF FOR-PROFIT INSTITUTIONS TO - PARTICIPATE IN EDUCATIONAL ASSISTANCE PROGRAMS OF THE - DEPARTMENT OF DEFENSE. - - (a) In General.--Section 2006a of title 10, United States Code, is -amended-- - (1) in subsection (b)-- - (A) in paragraph (3), by striking ``and'' at the - end; - (B) in paragraph (4), by striking the period at the - end and inserting ``; and''; and - (C) by adding at the end the following new - paragraph: - ``(5) in the case of program offered by a proprietary - institution of higher education, the institution derives not - less than ten percent of such institution's revenues from - sources other than Federal educational assistance funds as - required under subsection (c).''. - (2) by redesignating subsection (c) as subsection (d); - (3) by inserting after subsection (b) the following new - subsection: - ``(c) Limitation on Participation of Proprietary Institutions.--The -Secretary of Defense may not approve an educational program offered by -a proprietary institution of higher education, and no educational -assistance under a Department of Defense educational assistance program -or authority covered by this section may be provided to such an -institution, unless the institution derives not less than ten percent -of such institution's revenues from sources other than Federal -educational assistance funds.''; - (4) in subsection (d), as so redesignated, by adding at the - end the following new paragraphs: - ``(3) The term `Federal educational assistance funds' means - any Federal funds provided under this title, the Higher - Education Act of 1965 (20 U.S.C. 1001 et seq.), or any other - Federal law, through a grant, contract, subsidy, loan, - guarantee, insurance, or other means to a proprietary - institution of higher education, including Federal financial - assistance that is disbursed or delivered to an institution or - on behalf of a student or to a student to be used to attend the - institution, except that such term shall not include any - monthly housing stipend provided under the Post-9/11 - Educational Assistance Program under chapter 33 of title 38. - ``(4) The term `proprietary institution of higher - education' has the meaning given that term in section 102(b) of - the Higher Education Act of 1965 (20 U.S.C. 1002(b)).''. - (b) Effective Date.--The amendment made by subsection (a) shall -take effect 180 days after the date of the enactment of this Act. - - Subtitle G--Military Family Readiness and Dependents' Education - -SEC. 561. FAMILY READINESS: DEFINITIONS; COMMUNICATION STRATEGY; - REPORT. - - (a) Definitions.--Not later than 6 months after the date of the + (1) The number of demobilization centers that host CVSOs. + (2) The locations of demobilization centers described in + paragraph (1). + (3) Barriers to expanding the presence of CVSOs at + demobilization centers nationwide. + (4) Recommendations of the Secretary of Defense regarding the + presence of CVSOs at demobilization centers. + (c) CVSO Defined.--In this section, the term ``CVSO'' includes-- + (1) a county veterans service officer; + (2) a Tribal veterans service officer; + (3) a Tribal veterans representative; or + (4) another State, Tribal, or local entity that the Secretary + of Defense determines appropriate. + + Subtitle I--Military Family Readiness and Dependents' Education + + SEC. 581. FAMILY READINESS: DEFINITIONS; COMMUNICATION STRATEGY; + REVIEW; REPORT. + (a) Definitions.--Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with -the Secretaries of the military departments, shall define the terms -``military family readiness'' and ``military family resiliency''. - (b) Communication Strategy.--Not later than 1 year after the date +the Secretaries of the military departments, shall act on +recommendation one of the report, dated July 2019, of the National +Academies of Science, Engineering and Medicine, titled ``Strengthening +the Military Family Readiness System for a Changing American Society'', +by establishing definitions of ``family well-being'', ``family +readiness'', and ``family resilience'' for use by the Department of +Defense. + (b) Communication Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination -with the Secretaries of the military departments, shall establish and -implement a strategy regarding communication with military families. -The strategy shall include the following: - (1) The use of a variety of modes of communication to - ensure the broadest means of communicating with military - families. - (2) Updating an existing annual standardized survey that - assesses military family readiness to address the following - issues: - (A) Communication with beneficiaries. - (B) Child care. - (C) Education, - (D) Spousal employment. - (E) The Exceptional Family Member Program. - (F) Financial literacy. - (G) Financial stress. - (H) Health care (including copayments, network - adequacy, and the availability of appointments with - health care providers). - (c) Report.--Not later than 180 days after the date of the +with the Secretaries of the military departments, shall-- + (1) ensure that the Secretary of Defense has carried out + section 561 of the National Defense Authorization Act for Fiscal + Year 2010 (10 U.S.C. 1781 note); + (2) implement a strategy to use of a variety of modes of + communication to ensure the broadest means of communicating with + military families; and + (3) establish a process to measure the effectiveness of the + modes of communication described in paragraph (2). + (c) Review.--Not later than 90 days after the date of the enactment +of this Act, the Secretary of Defense shall conduct a review of current +programs, policies, services, resources, and practices of the +Department for military families as outlined in recommendation four of +the report described in subsection (a). + (d) Report.--Not later than 60 days after completing the review +under subsection (c), the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report detailing the results of the review and how +the Secretary shall improve programs, policies, services, resources, +and practices for military families, based on the review. + SEC. 582. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEMBER PROGRAM. + (a) In General.--Section 1781c of title 10, United States Code is +amended-- + (1) in subsection (b), by striking ``enhance'' and inserting + ``standardize, enhance,''; + (2) in subsection (c)(1), by inserting ``and standard'' after + ``comprehensive''; + (3) in subsection (d)-- + (A) in paragraph (1), by striking ``update from time to + time'' and inserting ``regularly update''; + (B) in paragraph (3), by adding at the end the following + new subparagraphs: + ``(C) Ability to request a second review of the approved + assignment within or outside the continental United States if the + member believes the location is inappropriate for the member's + family and would cause undue hardship. + ``(D) Protection from having a medical recommendation for an + approved assignment overridden by the commanding officer. + ``(E) Ability to request continuation of location when there is + a documented substantial risk of transferring medical care or + educational services to a new provider or school at the specific + time of permanent change of station.''; and + (C) in paragraph (4)-- + (i) in subparagraph (F), by striking ``of an + individualized services plan (medical and educational)'' + and inserting ``by an appropriate office of an + individualized services plan (whether medical, educational, + or both)''; and + (ii) by inserting after subparagraph (F) the following + new subparagraphs: + ``(H) Procedures for the development of an individualized + services plan for military family members with special needs who + have requested family support services and have a completed family + needs assessment. + ``(I) Requirements to prohibit disenrollment from the + Exceptional Family Member Program unless there is new supporting + medical or educational information that indicates the original + condition is no longer present, and to track disenrollment data in + each armed force.''. + (b) Standardization.--Not later than six months after the date of +the enactment of this Act, the Secretary of Defense, in coordination +with the Secretaries of the military departments, shall, to the extent +practicable, standardize the Exceptional Family Member Program (in this +section referred to as the ``EFMP'') across the military departments. +The EFMP, standardized under this subsection, shall include the +following: + (1) Processes for the identification and enrollment of + dependents of covered members with special needs. + (2) A process for the permanent change of orders for covered + members, to ensure seamless continuity of services at the new + permanent duty station. + (3) If an order for assignment is declined for a military + family with special needs, the member will receive a reason for the + decline of that order. + (4) A review process for installations to ensure that health + care furnished through the TRICARE program, special needs education + programs, and installation-based family support programs are + available to military families enrolled in the EFMP. + (5) A standardized respite care benefit across the covered + Armed Forces, including the number of hours available under such + benefit to military families enrolled in the EFMP. + (6) Performance metrics for measuring, across the Department + and with respect to each military department, the following: + (A) Assignment coordination and support for military + families with special needs, including a systematic process for + evaluating each military department's program for the support + of military families with special needs. + (B) The reassignment of military families with special + needs, including how often members request reassignments, for + what reasons, and from what military installations. + (C) The level of satisfaction of military families with + special needs with the family and medical support they are + provided. + (7) A requirement that the Secretary of each military + department provide legal services by an attorney, trained in + education law, at each military installation-- + (A) the Secretary determines is a primary receiving + installation for military families with special needs; and + (B) in a State that the Secretary determines has + historically not supported families enrolled in the EFMP. + (8) The option for a family enrolled in the EFMP to continue to + receive all services under that program and a family separation + allowance, if otherwise authorized, if-- + (A) the covered member receives a new permanent duty + station; and + (B) the covered member and family elect for the family not + to relocate with the covered member. + (9) The solicitation of feedback from military families with + special needs, and discussions of challenges and best practices of + the EFMP, using existing family advisory organizations. + (c) Case Management.--The Secretary of Defense, in coordination +with the Secretaries of the military departments, shall develop an EFMP +case management model, including the following: + (1) A single EFMP office, located at the headquarters of each + covered Armed Force, to oversee implementation of the EFMP and + coordinate health care services, permanent change of station order + processing, and educational support services for that covered Armed + Force. + (2) An EFMP office at each military installation with case + managers to assist each family of a covered member in the + development of a plan that addresses the areas specified in + subsection (b)(1). + (d) Report.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of -Representatives a report regarding the feasibility of implementing the -recommendations in-- - (1) chapter 3 of the report of the Inspector General of the - Department of Defense for fiscal year 2020, ``Ensuring Wellness - and Wellbeing of Service-Members and their Families''; and - (2) the report, dated July 2019, of the National Academies - of Science, Engineering and Medicine, titled ``Strengthening - the Military Family Readiness System for a Changing American - Society''. - -SEC. 562. SUPPORT SERVICES FOR MEMBERS OF SPECIAL OPERATIONS FORCES AND - IMMEDIATE FAMILY MEMBERS. - +Representatives a report on the implementation of this section, +including any recommendations of the Secretary regarding additional +legislation. + (e) Definitions.--In this section: + (1) The term ``covered Armed Force'' means an Armed Force under + the jurisdiction of the Secretary of a military department. + (2) The term ``covered member'' means a member-- + (A) of a covered Armed Force; and + (B) with a dependent with special needs. + SEC. 583. SUPPORT SERVICES FOR MEMBERS OF SPECIAL OPERATIONS FORCES + AND IMMEDIATE FAMILY MEMBERS. (a) In General.--Section 1788a of title 10, United States Code, is amended-- - (1) by striking the heading and inserting ``Support - programs: special operations forces personnel; immediate family - members''; - (2) in subsection (a)-- - (A) by inserting ``(1)'' before ``Consistent''; - (B) by striking ``for the immediate family members - of members of the armed forces assigned to special - operations forces''; and - (C) by adding at the end the following: - ``(2) The Commander may enter into an agreement with a nonprofit -entity to provide family support services.''. - (3) in subsection (b)(1), by striking ``the immediate - family members of members of the armed forces assigned to - special operations forces'' and inserting ``covered - individuals''; - (4) in subsection (d)(2)-- - (A) in subparagraph (A), by striking ``family - members of members of the armed forces assigned to - special operations forces'' and inserting ``covered - individuals''; and - (B) in subparagraph (B), by striking ``family - members of members of the armed forces assigned to - special operations forces'' and inserting ``covered - individuals''; and - (5) in subsection (e)(4)-- - (A) by inserting ``psychological support, spiritual - support, and'' before ``costs''; - (B) by striking ``immediate family members of - members of the armed forces assigned to special - operations forces'' and inserting ``covered - personnel''; and - (C) by adding at the end the following: - ``(5) The term `covered personnel' means-- - ``(A) members of the Armed Forces (including the - reserve components) assigned to special operations - forces; - ``(B) support service personnel assigned to special - operations; - ``(C) individuals separated or retired from service - described in subparagraph (A) or (B) for not more than - three years; and - ``(D) immediate family members of individuals - described in subparagraphs (A) through (C).''. + (1) by striking the heading and inserting ``Support programs: + special operations forces personnel; immediate family members''; + (2) in subsection (a), by striking ``for the immediate family + members of members of the armed forces assigned to special + operations forces''; + (3) in subsection (b)(1), by striking ``the immediate family + members of members of the armed forces assigned to special + operations forces'' and inserting ``covered individuals''; + (4) in subsection (d)(2)-- + (A) in subparagraph (A), by striking ``family members of + members of the armed forces assigned to special operations + forces'' and inserting ``covered individuals''; and + (B) in subparagraph (B), by striking ``family members of + members of the armed forces assigned to special operations + forces'' and inserting ``covered individuals''; and + (5) in subsection (e)(4)-- + (A) by inserting ``psychological support, spiritual + support, and'' before ``costs''; + (B) by striking ``immediate family members of members of + the armed forces assigned to special operations forces'' and + inserting ``covered personnel''; and + (C) by adding at the end the following: + ``(5) The term `covered personnel' means-- + ``(A) members of the Armed Forces (including the reserve + components) assigned to special operations forces; + ``(B) service personnel assigned to support special + operations forces; and + ``(C) immediate family members of individuals described in + subparagraphs (A) and (B).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 88 of title 10, United States Code, is amended by striking the item relating to section 1788a and inserting the following: ``1788a. Support programs: special operations forces personnel; - immediate family members.''. - -SEC. 563. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO CERTAIN IN-HOME - CHILD CARE PROVIDERS FOR MEMBERS OF THE ARMED FORCES AND - SURVIVORS OF MEMBERS WHO DIE IN COMBAT IN THE LINE OF - DUTY. - - (a) Authority.--Section 1798 of title 10, United States Code, is -amended-- - (1) in subsection (a), in the matter preceding paragraph - (1), by inserting ``, or to an in-home child care provider,'' - after ``youth program services''; - (2) by redesignating subsection (c) as subsection (d); and - (3) by inserting after subsection (b) the following new - subsection (c): - ``(c) Eligible In-Home Child Care Providers.--The Secretary may -determine that an in-home child care provider is eligible for financial -assistance under this section.''. - (b) In-Home Child Care Provider Defined.--Section 1800 of such -title is amended by adding at the end the following: - ``(5) The term `in-home child care provider' means an - individual (including a nanny, babysitter, or au pair) who - provides child care services in the home of the child.''. - (c) Regulations.--Not later than July 1, 2021, the Secretary of -Defense shall prescribe regulations that establish eligibility -requirements and amounts of financial assistance for an in-home child -care provider under subsection (c) of section 1798 of title 10, United -States Code, as amended by subsection (a). - -SEC. 564. EXPANSION OF FINANCIAL ASSISTANCE UNDER MY CAREER ADVANCEMENT - ACCOUNT PROGRAM. - + immediate family members.''. + SEC. 584. RESPONSIBILITY FOR ALLOCATION OF CERTAIN FUNDS FOR + MILITARY CHILD DEVELOPMENT PROGRAMS. + Section 1791 of title 10, United States Code, is amended-- + (1) by striking ``It is the policy'' and inserting the + following: + ``(a) Policy.--It is the policy''; and + (2) by adding at the end the following new subsection: + ``(b) Responsibility for Allocations of Certain Funds.--The +Secretary of Defense shall be responsible for the allocation of Office +of the Secretary of Defense level funds for military child development +programs for children from birth through 12 years of age, and may not +delegate such responsibility to the military departments.''. + SEC. 585. MILITARY CHILD CARE AND CHILD DEVELOPMENT CENTER MATTERS. + (a) Center Fees Matters.--Section 1793 of title 10, United States +Code, is amended by adding at the end the following new subsection: + ``(c) Family Discount.--In the case of a family with two or more +children attending a child development center, the regulations +prescribed pursuant to subsection (a) may require that installations +commanders charge a fee for attendance at the center of any child of +the family after the first child of the family in amount equal to 85 +percent of the amount of the fee otherwise chargeable for the +attendance of such child at the center.''. + (b) Reports on Installations With Extreme Imbalance Between Demand +for and Availability of Child Care.--Not later than one year after the +date of the enactment of this Act, each Secretary of a military +department shall submit to Congress a report on the military +installations under the jurisdiction of such Secretary with an extreme +imbalance between demand for child care and availability of child care. +Each report shall include, for the military department covered by such +report, the following: + (1) The name of the five installations of the military + department experiencing the most extreme imbalance between demand + for child care and availability of child care. + (2) For each installation named pursuant to subparagraph (A), + the following: + (A) An assessment whether civilian employees at child + development centers at such installation have rates of pay and + benefits that are competitive with other civilian employees on + such installation and with the civilian labor pool in the + vicinity of such installation. + (B) A description and assessment of various incentives to + encourage military spouses to become providers under the Family + Child Care program at such installation. + (C) Such recommendations at the Secretary of the military + department concerned considers appropriate to address the + imbalance between demand for child care and availability of + child care at such installation, including recommendations to + enhance the competitiveness of civilian child care positions at + such installation with other civilian positions at such + installation and the civilian labor pool in the vicinity of + such installation. + SEC. 586. EXPANSION OF FINANCIAL ASSISTANCE UNDER MY CAREER + ADVANCEMENT ACCOUNT PROGRAM. Section 580F of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended-- - (1) by inserting ``or maintenance (including continuing - education courses)'' after ``pursuit''; and - (2) by adding at the end the following: ``Such financial - assistance may be applied to the costs of national tests that - may earn a participating military spouse course credits - required for a degree approved under the program (including the - College Level Examination Program tests and the Subject - Standardized Tests of the Defense Activity for Non-Traditional - Education Support Division of the Department of Defense).'' - -SEC. 565. CHILD CARE. - + (1) by inserting ``(a) Professional License or Certification; + Associate's Degree.--'' before ``The Secretary''; + (2) by inserting ``or maintenance (including continuing + education courses)'' after ``pursuit''; and + (3) by adding at the end the following new subsection: + ``(b) National Testing.--Financial assistance under subsection (a) +may be applied to the costs of national tests that may earn a +participating military spouse course credits required for a degree +approved under the program (including the College Level Examination +Program tests).''. + SEC. 587. IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY SPOUSE + EMPLOYMENT PARTNERSHIP PROGRAM. + (a) Evaluation; Updates.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense shall evaluate the +partner criteria set forth in the Military Spouse Employment +Partnership Program (in this section referred to as the ``MSEP +Program'') and implement updates that the Secretary determines will +improve such criteria without diminishing the need for partners to +exhibit sound business practices, broad diversity efforts, and relative +financial stability. Such updates may expand the number of the +following entities that meet such criteria: + (1) Institutions of primary, secondary, and higher education. + (2) Software and coding companies. + (3) Local small businesses. + (4) Companies that employ telework. + (b) New Partnerships.--Upon completion of the evaluation under +subsection (a), the Secretary, in consultation with the Department of +Labor, shall seek to enter into agreements with entities described in +paragraphs (1) through (4) of subsection (a) that are located near +military installations (as that term is defined in section 2687 of +title 10, United States Code). + (c) Review; Report.--Not later than one year after implementation +under subsection (a), the Secretary shall review updates under +subsection (a) and publish a report regarding such review on a +publicly-accessible website of the Department of Defense. Such report +shall include the following: + (1) The results of the evaluation of the MSEP Program, + including the implementation plan for any change to partnership + criteria. + (2) Data on the new partnerships undertaken as a result of the + evaluation, including the type, size, and location of the partner + entities. + (3) Data on the utility of the MSEP Program, including-- + (A) the number of military spouses who have applied through + the MSEP Program; + (B) the average length of time a job is available before + being filled or removed from the MSEP Program portal; and + (C) the average number of new jobs posted on the MSEP + Program portal each month. + SEC. 588. 24-HOUR CHILD CARE. (a) 24-Hour Child Care.--If the Secretary of Defense determines it -feasible, the Secretary shall furnish child care to each child of a -member of the Armed Forces or employee of the Department of Defense -while that member or employee works on rotating shifts at a military +feasible, pursuant to the study conducted pursuant to subsection (b), +the Secretary shall furnish child care to each child of a member of the +Armed Forces or civilian employee of the Department of Defense while +that member or employee works on rotating shifts at a military installation. - (b) Metrics.--Not later than 6 months after the date of the -enactment of this Act, the Secretary of Defense shall develop and -implement metrics to evaluate the effectiveness of the child care -priority system of the Department of Defense, including-- - (1) the speed of placement for children of members of the - Armed Forces on active duty; - (2) the type of child care offered; - (3) available spaces in such system, if any; and - (4) other metrics to monitor the child care priority system - determined by the Secretary. - (c) Report.--Not later than 180 days after the date of the -enactment of the Act, the Secretary of Defense shall submit to the -Committees on Armed Services of the Senate and the House of -Representatives a report regarding the results of a study that -evaluates-- - (1) the sufficiency of the stipend furnished by the - Secretary to members of the Armed Forces for civilian child - care; and - (2) whether the amount of such stipend should be based on-- - (A) cost of living in the applicable locale; and - (B) the capacity of licensed civilian child care - providers in the local market. - -SEC. 566. CONTINUATION OF PAID PARENTAL LEAVE UPON DEATH OF CHILD. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall amend the regulations prescribed -pursuant to subsections (i) and (j) of section 701 of title 10, United -States Code, to provide that the eligibility of primary and secondary -caregivers for paid parental leave that has already been approved shall -not terminate upon the death of the child for whom such leave is taken. - -SEC. 567. STUDY AND REPORT ON THE PERFORMANCE OF THE DEPARTMENT OF - DEFENSE EDUCATION ACTIVITY. - - (a) Study.--The Secretary of Defense shall conduct a study on the -performance of the Department of Defense Education Activity. - (b) Elements.--The study under subsection (a) shall include the -following: - (1) A review of the curriculum relating to health, - resiliency, and nutrition taught in schools operated by the - Department of Defense Education Activity and a comparison of - such curriculum to appropriate education benchmarks. - (2) An analysis of the outcomes experienced by students in - such schools, as measured by-- - (A) the performance of such students on the - National Assessment of Educational Progress carried out - under section 303(b)(3) of the National Assessment of - Educational Progress Authorization Act (20 U.S.C. - 9622(b)(3)); and - (B) any other methodologies used by the Department - of Defense Education Activity to measure individual - student outcomes. - (3) An assessment of the effectiveness of the School - Liaison Officer program of the Department of Defense Education - Activity in achieving the goals of the program with an emphasis - on goals relating to special education and family outreach. - (c) Report.--Not later than 180 days after the date of the -enactment of the Act, the Secretary of Defense shall submit to the -Committees on Armed Services of the Senate and the House of -Representatives a report that includes the findings of the study -conducted under subsection (a). - -SEC. 568. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE - STRUCTURAL CONDITION OF DEPARTMENT OF DEFENSE EDUCATION - ACTIVITY SCHOOLS. - - (a) Report Required.--Not later than 1 year after the date of the -enactment of this Act, the Comptroller General of the United States -shall submit to the congressional defense committees a report setting -forth an assessment by the Comptroller General of the structural -condition of schools of the Department of Defense Education Activity, -both within the continental United States (CONUS) and outside the -continental United States (OCONUS). - (b) Virtual Schools.--The report shall include an assessment of the -virtual infrastructure or other means by which students attend -Department of Defense Education Activity schools that have no physical -structure, including the satisfaction of the military families -concerned with such infrastructure or other means. - -SEC. 569. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT - DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS. - + (b) Feasibility Study; Report.--Not later than 270 days after the +date of the enactment of this Act, the Secretary of Defense shall +submit to the Committees on Armed Services of the Senate and the House +of Representatives a report setting forth the results of a study, +conducted by the Secretary for purposes of this section, on the +feasibility of furnishing child care described in subsection (a). + (c) Elements.--The report required by subsection (b) shall include +the following: + (1) The results of the study described in that subsection. + (2) If the Secretary determines that furnishing child care + available as described in subsection (a) is feasible, such matters + as the Secretary determines appropriate in connection with + furnishing such child care, including-- + (A) an identification of the installations at which such + child care would be beneficial to members of the Armed Forces, + civilian employees of the Department, or both; + (B) an identification of any barriers to making such child + care available at the installations identified pursuant to + subparagraph (A); + (C) an assessment whether the child care needs of members + of the Armed Forces and civilian employees of the Department + described in subsection (a) would be better met by an increase + in assistance for child care fees; + (D) a description and assessment of the actions, if any, + being taken to furnish such child care at the installations + identified pursuant to subparagraph (A); and + (E) such recommendations for legislative or administrative + action the Secretary determines appropriate to make such child + care available at the installations identified pursuant to + subparagraph (A), or at any other military installation. + SEC. 589. PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MEMBERS + OF THE ARMED FORCES FOR IN-HOME CHILD CARE. + (a) Establishment.--Not later than March 1, 2021, the Secretary of +Defense shall establish a pilot program to provide financial assistance +to members of the Armed Forces who pay for services provided by in-home +child care providers. In carrying out the pilot program, the Secretary +shall take the following steps: + (1) Determine the needs of military families who request + services provided by in-home child care providers. + (2) Determine the appropriate amount of financial assistance to + provide to military families described in paragraph (1). + (3) Determine the appropriate qualifications for an in-home + child care provider for whose services the Secretary shall provide + financial assistance to a military family. In carrying out this + paragraph, the Secretary shall-- + (A) take into consideration qualifications for in-home + child care providers in the private sector; and + (B) ensure that the qualifications the Secretary determines + appropriate under this paragraph are comparable to the + qualifications for a provider of child care services in a + military child development center or family home day care. + (4) Establish a marketing and communications plan to inform + members of the Armed Forces who live in the locations described in + subsection (b) about the pilot program. + (b) Locations.--The Secretary shall carry out the pilot program in +the five locations that the Secretary determines have the greatest +demand for child care services for children of members of the Armed +Forces. + (c) Reports.-- + (1) Interim reports.--Not later than one year after the + Secretary establishes the pilot program and thrice annually + thereafter, the Secretary shall submit to the Committees on Armed + Services of the Senate and the House of Representatives an interim + report on the pilot program. Each interim report shall include the + following elements: + (A) The number of military families participating in the + pilot program, disaggregated by location and duration of + participation. + (B) The amount of financial assistance provided to + participating military families in each location. + (C) Metrics by which the Secretary carries out subsection + (a)(3)(B); + (D) The feasibility of expanding the pilot program. + (E) Legislation or administrative action that the Secretary + determines necessary to make the pilot program permanent. + (F) Any other information the Secretary determines + appropriate. + (2) Final report.--Not later than 90 days after the termination + of the pilot program, the Secretary shall submit to the Committees + on Armed Services of the Senate and the House of Representatives a + final report on the pilot program. The final report shall include + the following elements: + (A) The elements specified in paragraph (1). + (B) The recommendation of the Secretary whether to make the + pilot program permanent. + (d) Termination.--The pilot program shall terminate five years +after the date on which the Secretary establishes the pilot program. + (e) Definitions.--In this section: + (1) The term ``in-home child care provider'' means an + individual who provides child care services in the home of the + child. + (2) The terms ``military child development center'' and + ``family home day care'' have the meanings given those terms in + section 1800 of title 10, United States Code. +SEC. 589A. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT +BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL. + (a) Continuation of Authority to Assist Local Educational Agencies +That Benefit Dependents of Members of the Armed Forces and Department +of Defense Civilian Employees.-- + (1) Assistance to schools with significant numbers of military + dependent students.--Of the amount authorized to be appropriated + for fiscal year 2021 by section 301 and available for operation and + maintenance for Defense-wide activities as specified in the funding + table in section 4301, $50,000,000 shall be available only for the + purpose of providing assistance to local educational agencies under + subsection (a) of section 572 of the National Defense Authorization + Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b). + (2) Local educational agency defined.--In this subsection, the + term ``local educational agency'' has the meaning given that term + in section 7013(9) of the Elementary and Secondary Education Act of + 1965 (20 U.S.C. 7713(9)). + (b) Impact Aid for Children With Severe Disabilities.-- + (1) In general.--Of the amount authorized to be appropriated + for fiscal year 2021 pursuant to section 301 and available for + operation and maintenance for Defense-wide activities as specified + in the funding table in section 4301, $10,000,000 shall be + available for payments under section 363 of the Floyd D. Spence + National Defense Authorization Act for Fiscal Year 2001 (as enacted + into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. + 7703a). + (2) Additional amount.--Of the amount authorized to be + appropriated for fiscal year 2021 pursuant to section 301 and + available for operation and maintenance for Defense-wide activities + as specified in the funding table in section 4301, $10,000,000 + shall be available for use by the Secretary of Defense to make + payments to local educational agencies determined by the Secretary + to have higher concentrations of military children with severe + disabilities. + (3) Report.--Not later than March 1, 2021, the Secretary shall + brief the Committees on Armed Services of the Senate and the House + of Representatives on the Department's evaluation of each local + educational agency with higher concentrations of military children + with severe disabilities and subsequent determination of the + amounts of impact aid each such agency shall receive. +SEC. 589B. STAFFING OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY SCHOOLS +TO MAINTAIN MAXIMUM STUDENT-TO-TEACHER RATIOS. + (a) In General.--The Department of Defense Education Activity shall +staff elementary and secondary schools operated by the Activity so as +to maintain, to the extent practicable, student-to-teacher ratios that +do not exceed the maximum student-to-teacher ratios specified in +subsection (b). + (b) Maximum Student-to-teacher Ratios.--The maximum student-to- +teacher ratios specified in this subsection are the following: + (1) For each of grades kindergarten through 3, a ratio of 18 + students to 1 teacher (18:1). + (2) For each of grades 4 through 12, a ratio equal to the + average student-to-teacher ratio for such grade among all + Department of Defense Education Activity schools during the 2019- + 2020 academic year. + (c) Sunset.--The requirement to staff schools in accordance with +subsection (a) shall expire at the end of the 2023-2024 academic year +of the Department of Defense Education Activity. +SEC. 589C. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT +DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS. (a) Pilot Program Authorized.--Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which a dependent of a full-time, @@ -13762,10 +15531,10 @@ to whether the member resides on the installation as described in 2164(a)(1) of title 10, United States Code. (b) Purposes.--The purposes of the pilot program under this section are-- - (1) to evaluate the feasibility and advisability of - expanding enrollment in covered DODEA schools; and - (2) to determine how increased access to such schools will - affect military and family readiness. + (1) to evaluate the feasibility and advisability of expanding + enrollment in covered DODEA schools; and + (2) to determine how increased access to such schools will + affect military and family readiness. (c) Enrollment on Space-Available Basis.--A student participating in the pilot program under this section may be enrolled in a covered DODEA school only if the school has the capacity to accept the student, @@ -13775,1558 +15544,712 @@ Activity. program under this section at not more than four military installations at which covered DODEA schools are located. The Secretary shall select military installations for participation in the program based on-- - (1) the readiness needs of the Secretary of a the military - department concerned; and - (2) the capacity of the DODEA schools located at the - installation to accept additional students, as determined by - the Director of the Department of Defense Education Activity. + (1) the readiness needs of the Secretary of a the military + department concerned; and + (2) the capacity of the DODEA schools located at the + installation to accept additional students, as determined by the + Director of the Department of Defense Education Activity. (e) Termination.--The authority to carry out the pilot program -under this section shall terminate 4 years after the date of the +under this section shall terminate four years after the date of the enactment of this Act. (f) Covered DODEA School Defined.--In this Section, the term ``covered DODEA school'' means a domestic dependent elementary or secondary school operated by the Department of Defense Education Activity that-- - (1) has been established on or before the date of the - enactment of this Act; and - (2) is located in the continental United States. - -SEC. 570. CONTINUED ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF - MILITARY DEPENDENT STUDENTS. - - (a) Assistance to Schools With Significant Numbers of Military -Dependent Students.--Of the amount authorized to be appropriated for -fiscal year 2021 in division D of this Act and available for operation -and maintenance for Defense-wide activities as specified in the funding -table in section 4301 of this Act, $40,000,000 shall be available only -for the purpose of providing assistance to local educational agencies -under subsection (a) of section 572 of the National Defense -Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. -7703b). - (b) Impact Aid for Children With Severe Disabilities.--Of the -amount authorized to be appropriated for fiscal year 2021 in division D -of this Act and available for operation and maintenance for Defense- -wide activities as specified in the funding table in section 4301 of -this Act, $10,000,000 shall be available for payments under section 363 -of the Floyd D. Spence National Defense Authorization Act for Fiscal -Year 2001 (Public Law 106-398; 20 U.S.C. 7703a). - (c) Local Educational Agency Defined.--In this section, the term -``local educational agency'' has the meaning given that term in section -7013(9) of the Elementary and Secondary Education Act of 1965 (20 -U.S.C. 7713(9)). - -SEC. 570A. STANDARDIZATION OF THE EXCEPTIONAL FAMILY MEMBER PROGRAM. - - (a) Policy.--Not later than 6 months after the date of the -enactment of this Act, the Secretary of Defense, in coordination with -the Secretaries of the military departments, shall, to the extent -practicable, standardize the Exceptional Family Member Program (in this -section referred to as the ``EFMP'') across the military departments. - (b) Elements.--The EFMP, standardized under subsection (a), shall -include the following: - (1) Processes for the identification and enrollment of - dependents of covered members with special needs. - (2) A process for the permanent change of orders for - covered members, to ensure seamless continuity of services at - the new permanent duty station. - (3) A review process for installations to ensure that - health care furnished through the TRICARE program, special - needs education programs, and installation-based family support - programs are available to military families enrolled in the - EFMP. - (4) A standardized respite care benefit across the covered - Armed Forces, including the number of hours available under - such benefit to military families enrolled in the EFMP. - (5) Outcomes and metrics to evaluate the EFMP. - (6) A requirement that the Secretary of each military - department provide a dedicated EFMP attorney, who specializes - in education law, at each military installation-- - (A) the Secretary determines is a primary receiving - installation for military families with special needs; - and - (B) in a State that the Secretary determines has - historically not supported families enrolled in the - EFMP. - (7) The option for a family enrolled in the EFMP to - continue to receive all services under that program and the - bachelor allowance for housing if-- - (A) the covered member receives a new permanent - duty station; and - (B) the covered member and family elect for the - family not to relocate with the covered member. - (8) A process to discuss policy challenges and - opportunities, best practices adopted across the covered Armed - Forces, a forum period for discussion with members of military - families with special needs, and other matters the Secretary of - Defense determines appropriate. - (c) Case Management.--The Secretary of Defense, in coordination -with the Secretaries of the military departments, shall develop an EFMP -case management model, including the following: - (1) A single EFMP office, located at the headquarters of - each covered Armed Force, to oversee implementation of the EFMP - and coordinate health care services, permanent change of - station order processing, and educational support services for - that covered Armed Force. - (2) An EFMP office at each military installation with case - managers to assist each family of a covered member in the - development of a plan that addresses the areas specified in - subsection (b)(1). - (d) Report.--Not later than 180 days after the date of the -enactment of the 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 implementation of the items identified -under subsections (a), (b), and (c), including any recommendations of -the Secretary regarding legislation. - (e) GAO Report.--Not later than 1 year after the date of the -enactment of this Act, the Comptroller General of the United States -shall submit to the Committees on Armed Services of the Senate and the -House of Representatives a report on-- - (1) whether military families have higher rates of disputes - and loss of free and appropriate public education under section - 504 of the Rehabilitation Act of 1973 (Public Law 93-112; 29 - U.S.C. 794) than civilian counterparts; and - (2) an analysis of the number of due process hearings that - were filed by school districts against children of members of - the Armed Forces. - (f) Definitions.--In this section: - (1) The term ``covered Armed Force'' means an Armed Force - under the jurisdiction of the Secretary of a military - department. - (2) The term ``covered member'' means a member-- - (A) of a covered Armed Force; and - (B) with a dependent with special needs. - -SEC. 570B. TRAINING PROGRAM REGARDING FOREIGN DISINFORMATION CAMPAIGNS. - + (1) has been established on or before the date of the enactment + of this Act; and + (2) is located in the continental United States. +SEC. 589D. PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR DEPARTMENT OF +DEFENSE EDUCATION ACTIVITY VIRTUAL HIGH SCHOOL PROGRAM. + (a) Pilot Program Required.-- + (1) In general.--The Secretary of Defense shall carry out a + pilot program on permitting dependents of members of the Armed + Forces on active duty to enroll in the Department of Defense + Education Activity Virtual High School program (in this section + referred to as the ``DVHS program''). + (2) Purposes.--The purposes of the pilot program shall be as + follows: + (A) To evaluate the feasibility and scalability of the DVHS + program. + (B) To assess the impact of expanded enrollment in the DVHS + program under the pilot program on military and family + readiness. + (3) Duration.--The duration of the pilot program shall be four + academic years. + (b) Participants.-- + (1) In general.--Participants in the pilot program shall be + selected by the Secretary from among dependents of members of the + Armed Forces on active duty who-- + (A) are in a grade 9 through 12; + (B) are currently ineligible to enroll in the DVHS program; + and + (C) either-- + (i) require supplementary courses to meet graduation + requirements in the current State of residence; or + (ii) otherwise demonstrate to the Secretary a clear + need to participate in the DVHS program. + (2) Preference in selection.--In selecting participants in the + pilot program, the Secretary shall afford a preference to the + following: + (A) Dependents who reside in a rural area. + (B) Dependents who are home-schooled students. + (3) Limitations.--The total number of course enrollments per + academic year authorized under the pilot program may not exceed 400 + course enrollments. No single dependent participating in the pilot + program may take more than two courses per academic year under the + pilot program. + (c) Reports.-- + (1) Interim report.--Not later than two years 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 an interim report on the pilot program. + (2) Final report.--Not later than 180 days after the completion + of the pilot program, the Secretary shall submit to the committees + of Congress referred to in paragraph (1) a final report on the + pilot programs. + (3) Elements.--Each report under this subsection shall include + the following: + (A) A description of the demographics of the dependents + participating in the pilot program through the date of such + report. + (B) Data on, and an assessment of, student performance in + virtual coursework by dependents participating in the pilot + program over the duration of the pilot program. + (C) Such recommendation as the Secretary considers + appropriate on whether to make the pilot program permanent. + (d) Definitions.--In this section: + (1) The term ``rural area'' has the meaning given the term in + section 520 of the Housing Act of 1949 (42 U.S.C. 1490). + (2) The term ``home-schooled student'' means a student in a + grade equivalent to grade 9 through 12 who receives educational + instruction at home or by other non-traditional means outside of a + public or private school system, either all or most of the time. +SEC. 589E. TRAINING PROGRAM REGARDING FOREIGN MALIGN INFLUENCE +CAMPAIGNS. (a) Establishment.--Not later than September 30, 2021, the Secretary of Defense shall establish a program for training members of -the Armed Forces and employees of the Department of Defense regarding -the threat of foreign disinformation campaigns specifically targeted at -such individuals and the families of such individuals. - (b) Report Required.--Not later than October 30, 2021, the -Secretary of Defense shall submit a report to the congressional defense -committees regarding the program under subsection (a). - -SEC. 570C. REOPENING OF CHILD CARE FACILITIES OF THE ENGINEER RESEARCH - AND DEVELOPMENT CENTER. - - The Secretary of the Army shall reopen all child care facilities of -the Engineer Research and Development Center that were closed during -fiscal year 2020. - -SEC. 570D. IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY SPOUSE - EMPLOYMENT PARTNERSHIP PROGRAM. - - (a) Evaluation; Updates.--Not later than 160 days after the date of -the enactment of this Act, the Secretary of Defense shall evaluate the -partner criteria set forth in the Military Spouse Employment -Partnership Program and implement updates that the Secretary determines -will improve such criteria without diminishing the need for partners to -exhibit sound business practices, broad diversity efforts, and relative -financial stability. Such updates shall expand the number of the -following entities that meet such criteria: - (1) Institutions of primary, secondary, and higher - education. - (2) Software and coding companies. - (3) Local small businesses. - (4) Companies that employ telework. - (b) New Partnerships.--Upon completion of the evaluation under -subsection (a), the Secretary, in cooperation with the Department of -Labor, shall seek to enter into agreements with entities described in -paragraphs (1) through (4) of subsection (a) that are located near -military installations (as that term is defined in section 2687 of -title 10, United States Code). - (c) Review; Report.--Not later than 1 year after implementation -under subsection (a), the Secretary shall review updates under -subsection (a) and publish a report regarding such review on a -publicly-accessible website of the Department of Defense. Such report -shall include the following: - (1) Military spouse employment rates related to types of - entities described in subsection (a). - (2) Application rates, website clicks, and other basic - metrics that measure the interest level of military spouses in - types of entities described in subsection (a). - (3) Recommendations for increasing military spouse - employment opportunities in the types of entities described in - subsection (a). - - Subtitle H--Diversity and Inclusion - -SEC. 571. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS. - - (a) Standard Diversity Metrics and Annual Reporting Requirement.-- -Section 113 of title 10, United States Code is amended-- - (1) in subsection (c)-- - (A) by redesignating paragraphs (2) and (3) as - paragraphs (3) and (4), respectively; and - (B) by inserting after paragraph (1), the following - new paragraph (2): - ``(2) a report from each military department on the goals, - barriers, and status of diversity and inclusion of that - military department;''; and - (2) in subsection (g)(1)(B), by inserting after clause - (vi), the following new clause (vii): - ``(vii) Strategic metrics and benchmarks - evaluating how the officer and enlisted corps - reflects the eligible United States population - across all armed forces and ranks.''; - (3) by redesignating subsections (m) and (n) as subsections - (n) and (o), respectively; and - (4) by inserting after subsection (k), the following new - subsections (l) and (m): - ``(l)(1) The Secretary of Defense shall establish and maintain a -standard set of strategic metrics and benchmarks toward objectives of: - ``(A) an officer and enlisted corps that reflects the - eligible U.S. population across all armed forces and ranks; and - ``(B) a military force that is able to prevail in its wars, - prevent and deter conflict, defeat adversaries and succeed in a - wide range of contingencies, and preserve and enhance the all- - volunteer force. - ``(2) In implementing the requirement in paragraph (1), the -Secretary shall-- - ``(A) establish a universal data collection system to - ensure comparability across each military department; - ``(B) establish standard definitions of demographic groups, - a common methodology, and a common reporting structure across - each military department; - ``(C) conduct annual barrier analyses to review demographic - diversity patterns across the military life cycle, starting - with accessions; and - ``(D) each year meet with the Secretaries of the military - departments, the Chiefs of Staff of the armed forces, and the - Chairman of the Joint Chiefs of Staff to assess progress - towards the objective under paragraph (1) and establish - recommendations to meet such objective. - ``(m) The Secretary shall include in each national defense strategy -under subsection (g)-- - ``(1) the demographics, disaggregated by grade, ethnicity, - race, gender, and military occupational specialty, for-- - ``(A) accession into the armed forces; - ``(B) the enlisted corps; - ``(C) the commissioned officers; - ``(D) graduates of the military service academies; - ``(E) the rate of promotion in the promotion zone; - ``(F) the rate of promotion below the zone for - promotion; - ``(G) the rates of retention; - ``(H) command selection; - ``(I) special assignments; - ``(J) career broadening assignments; - ``(K) aides to general officers and flag officers; - and - ``(L) any other matter the Secretary determines - appropriate; - ``(2) an analysis of assignment patterns by ethnicity, - race, and gender; - ``(3) an analysis of attitudinal survey data by ethnicity, - race, and gender; - ``(4) an assessment of the available pool of qualified of - Asian American, Native Hawaiian, Pacific Islander, African - American, Hispanic, Puerto Rican, Native American, Alaska - Native and female candidates for pay grades O-9 and O-10; - ``(5) identification of persistent, group-specific - deviations from overall averages and plans to investigate - underlying causes; and - ``(6) summaries of progress made on previous actions.''. - (b) National Guard Diversity Reporting.--Section 10504 of title 10, -United States Code is amended by adding at the end the following new -subsection (d): - ``(d) Report on Diversity and Inclusion.-- - ``(1) In general.--Not less than once every four years, the - Chief of the National Guard Bureau shall report in writing to - the Secretary of Defense and the Congress on the status of - diversity in each State, Territory, and the District of - Columbia for all ranks of the Army and Air National Guard. - ``(2) Elements.--Each report under paragraph (1) shall - include-- - ``(A) the demographics, disaggregated by State, - grade, ethnicity, race, gender, and military - occupational specialty, for-- - ``(i) accession into the National Guard; - ``(ii) the enlisted corps; - ``(iii) the commissioned officers; - ``(iv) the rate of promotion in the - promotion zone; - ``(v) the rate of promotion below the zone - for promotion; - ``(vi) the rates of retention; - ``(vii) command selection; - ``(viii) special assignments; - ``(ix) career broadening assignments; - ``(x) aides to a general officer; and - ``(xi) any other matter the Chief of the - National Guard Bureau determines appropriate; - ``(B) an analysis of assignment patterns by - ethnicity, race, and gender; - ``(C) an analysis of attitudinal survey data by - ethnicity, race, and gender; - ``(D) an assessment of the available pool of - qualified of Asian American, Native Hawaiian, Pacific - Islander, African American, Hispanic, Puerto Rican, - Native American, Alaska Native and female candidates - for pay grades O-9 and O-10; - ``(E) identification of persistent, group-specific - deviations from overall averages and plans to - investigate underlying causes; and - ``(F) summaries of progress made on previous - actions. - ``(3) Public availability.--The Chief of the National Guard - Bureau shall-- - ``(A) publish on an appropriate publicly available - website of the National Guard the reports required - under paragraph (1); and - ``(B) ensure that any data included with the report - is made available in a machine-readable format that is - downloadable, searchable, and sortable.''. - (c) Coast Guard Diversity Reporting.--Section 5101 of title 14, -United States Code is amended-- - (1) in subsection (b)-- - (A) by redesignating paragraphs (2) and (3) as - paragraphs (3) and (4), respectively; and - (B) by inserting after paragraph (1), the following - new paragraph (2): - ``(2) the goals, barriers, and status of diversity and - inclusion;''; and - (3) by adding at the end the following new subsection (c): - ``(c) Not less than once every 4 years, the Secretary shall include -in the annual request under subsection (a)-- - ``(1) the demographics, disaggregated by grade, ethnicity, - race, gender, and military occupational specialty, for-- - ``(A) accession into the Coast Guard; - ``(B) the enlisted corps; - ``(C) the commissioned officers; - ``(D) graduates of the Coast Guard Academy; - ``(E) the rate of promotion in the promotion zone; - ``(F) the rate of promotion below the zone for - promotion; - ``(G) the rates of retention; - ``(H) command selection; - ``(I) special assignments; - ``(J) career broadening assignments; - ``(K) aides to a flag officer; and - ``(L) any other matter the Secretary determines - appropriate; - ``(2) an analysis of assignment patterns by ethnicity, - race, and gender; - ``(3) an analysis of attitudinal survey data by ethnicity, - race, and gender; - ``(4) an assessment of the available pool of qualified of - Asian American, Native Hawaiian, Pacific Islander, African - American, Hispanic, Puerto Rican, Native American, Alaska - Native and female candidates for pay grades O-9 and O-10; - ``(5) identification of persistent, group-specific - deviations from overall averages and plans to investigate - underlying causes; and - ``(6) summaries of progress made on previous actions.''. - (d) Requirement To Consider Minority Officers for O-9 and O-10 -Grades.-- - (1) Army, navy, air force, marine corps, and space force.-- - Section 601 of title 10, United States Code is amended by - adding at the end the following new subsections: - ``(e) The Chairman of the Joint Chiefs of Staff shall consider all -Asian American, Native Hawaiian, Pacific Islander, African American, -Hispanic, Puerto Rican, Native American, Alaska Native and female -candidates prior to recommending to the President an initial -appointment to the grade of lieutenant general or vice admiral, or an -initial appointment to the grade of general or admiral. - ``(f) When seeking the advice and consent of the Senate under -subsection (a), the President shall submit to the Committee on Armed -Services of the Senate a certification that-- - ``(1) all Asian American, Native Hawaiian, Pacific - Islander, African American, Hispanic, Puerto Rican, Native - American, Alaska Native and female candidates were considered - for appointment; and - ``(2)(A) none of the candidates under subparagraph (A) met - the qualifications needed by an officer serving in that - position or office to carry out effectively the duties and - responsibilities of that position or office; or - ``(B) the officers in the positions designated under - subsection (a) represent the diversity of the armed forces to - the extent practicable.''. - (2) Coast guard.--Section 305(a) of title 14, United States - Code, is amended by adding at the end the following new - paragraphs: - ``(4) The Commandant shall consider all Asian American, Native -Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, -Native American, Alaska Native and female candidates prior to -recommending to the President an initial appointment to the grade of -vice admiral, or an initial appointment to the grade of admiral. - ``(5) When seeking the advice and consent of the Senate under -subsection (a), the President shall submit to the committee of the -Senate with jurisdiction over the department in which the Coast Guard -is operating a certification that-- - ``(A) all Asian American, Native Hawaiian, Pacific - Islander, African American, Hispanic, Puerto Rican, Native - American, Alaska Native and female candidates were considered - for appointment; and - ``(B)(i) none of the candidates under subparagraph (A) met - the qualifications needed by an officer serving in that - position or office to carry out effectively the duties and - responsibilities of that position or office; or - ``(ii) the officers in the positions designated under - subsection (a) represent the diversity of the armed forces to - the extent practicable.''. - -SEC. 572. ESTABLISHMENT OF DIVERSITY AND INCLUSION ADVISORY COUNCIL OF - THE DEPARTMENT OF DEFENSE. - - (a) Establishment.--Chapter 7 of title 10, United States Code, is -amended by inserting before section 187 the following: -``Sec. 186. Diversity and Inclusion Advisory Council - ``(a) Establishment.--The Secretary of the Department of Defense -(referred to in this section as the `Secretary') shall establish a -council to be known as the `Diversity and Inclusion Advisory Council of -the Department of Defense' (referred to in this section as the -`Council'). - ``(b) Duties.--The Council shall provide advice and recommendations -to the Secretary on matters concerning diversity and inclusion in the -Department of Defense, relating to the following: - ``(1) Aligning diversity and inclusion with the strategic - goals of the Department of Defense. - ``(2) Conducting strategic outreach efforts to identify, - attract, and recruit individuals that represent the demographic - diversity of the United States. - ``(3) Developing, mentoring, and retaining a diverse and - inclusive Armed Forces. - ``(4) Encouraging leadership development through diversity - and inclusion practices and processes. - ``(c) Membership.-- - ``(1) In general.--The Council shall be composed of not - fewer than 22 members, including the Federal officials and - officers specified in paragraph (2), and not fewer than 12 - members appointed by the Secretary from nongovernmental - positions described in paragraph (3). - ``(2) Federal officials and officers.--The Federal - officials and officers specified in this paragraph are the - following: - ``(A) The Chief Diversity Officer of the Department - of Defense. - ``(B) The Under Secretary of Defense for Personnel - and Readiness. - ``(C) The Chief of Staff of the Army. - ``(D) The Chief of Naval Operations. - ``(E) The Chief of Staff of the Air Force. - ``(F) The Chief of Space Operations. - ``(G) The Chief of Staff of the Air Force. - ``(H) The Commandant of the Marine Corps. - ``(I) The Commandant of the Coast Guard. - ``(J) The Chief of the National Guard Bureau. - ``(3) Nongovernmental positions.--Nongovernmental positions - described in this paragraph are the following: - ``(A) Five presidents or chancellors of - institutions of higher education, including private and - public institutions representing diverse areas of the - United States. - ``(B) Senior leaders of the defense industries of - the United States. - ``(C) Senior leaders of veterans or military - service organizations. - ``(D) Veterans (as defined in section 101 of title - 38). - ``(E) Others determined appropriate by the - Secretary. - ``(4) Timing of appointments.--Appointments to the Council - shall be made not later than four months after the date of the - enactment of this Act. - ``(5) Terms.-- - ``(A) In general.--Each member shall be appointed - for a term of two years. - ``(B) Vacancies.--Any member appointed to fill a - vacancy occurring before the expiration of the term for - which the member's predecessor was appointed shall be - appointed only for the remainder of that term. A member - may serve after the expiration of that term until a - successor has been appointed. - ``(6) Chairperson and vice chairperson.-- - ``(A) Chairperson.--The Chairperson of the Council - shall be the Chief Diversity Officer of the Department - of Defense. - ``(B) Vice chairperson.--The Vice Chairperson shall - be designated by the Secretary at the time of the - appointment of the members pursuant to paragraph (4), - and when a vacancy of the Vice Chairperson occurs, as - the case may be. - ``(d) Meeting.-- - ``(1) Meetings.--The Council shall meet not fewer than four - times each year at the call of the Chairperson or Vice - Chairperson. - ``(2) Quorum.--Twelve members of the Council, including six - appointed under subsection (c)(2) and six appointed under - subsection (c)(3), shall constitute a quorum. - ``(e) Compensation.-- - ``(1) Prohibition on compensation.--Except as provided in - paragraph (2), members of the Council may not receive - additional pay, allowances, or benefits by reason of their - service on the Council. - ``(2) Travel expenses.--Each member shall receive travel - expenses, including per diem in lieu of subsistence, in - accordance with applicable provisions under subchapter I of - chapter 57 of title 5. - ``(f) Administrative Support Services.--Upon the request of the -Council, the Secretary shall provide to the Council, on a reimbursable -basis, the administrative support services necessary for the Council to -carry out its responsibilities under this Act. - ``(g) Reports.--Not later than 180 days after the date on which the -Council holds its initial meeting under subsection (d) and annually -thereafter, the Council shall submit to the congressional defense -committees a report containing a detailed statement of the advice and -recommendations of the Council pursuant to subsection (b).''. - (b) Clerical Amendment.--The table of sections at the beginning of -chapter 7 of title 10, United States Code, is amended by inserting -before the item relating to section 187 the following: - -``186. Diversity and Inclusion Advisory Council.''. - -SEC. 573. ESTABLISHMENT OF SPECIAL INSPECTOR GENERAL FOR RACIAL AND - ETHNIC DISPARITIES IN THE ARMED FORCES; AMENDMENTS TO - INSPECTOR GENERAL ACT. - - (a) Special Inspector General for Racial and Ethnic Disparities in -the Armed Forces.-- - (1) Purposes.--The purposes of this section are the - following: - (A) To provide for the independent and objective - conduct and supervision of audits and investigations - relating to racial and ethnic disparities in military - personnel and military justice systems, and white - supremacy among military personnel. - (B) To provide recommendations to the Secretary of - Defense and to Congress on actions necessary to - eliminate racial and ethnic disparities in military - personnel and military justice systems. - (2) Office of inspector general.--To carry out the purposes - of paragraph (1), there is hereby established, in the - Department of Defense, the Office of the Special Inspector - General for Racial and Ethnic Disparities in the Armed Forces. - (3) Appointment of inspector general.-- - (A) Nomination; appointment.--The head of the - Office of the Special Inspector General for Racial and - Ethnic Disparities is the Special Inspector General for - Racial and Ethnic Disparities (in this section referred - to as the ``Inspector General''), who shall be - appointed by the President, by and with the advice and - consent of the Senate. - (B) Qualifications.--The appointment of the - Inspector General shall be made solely on the basis of - integrity and demonstrated ability in accounting, - auditing, financial analysis, law, management analysis, - public administration, or investigations. - (C) Deadline for nomination.--The nomination of an - individual as Inspector General shall be made not later - than 90 days after the date of the enactment of this - Act. - (D) Compensation.--The annual rate of basic pay of - the Inspector General shall be the annual rate of basic - pay provided for positions at level IV of the Executive - Schedule under section 5315 of title 5, United States - Code. - (E) Prohibition on political activities.--For - purposes of section 7324 of title 5, United States - Code, the Inspector General shall not be considered an - employee who determines policies to be pursued by the - United States in the nationwide administration of - Federal law. - (F) Removal.--The Inspector General shall be - removable from office in accordance with the provisions - of section 3(b) of the Inspector General Act of 1978 (5 - U.S.C. App.). - (4) Assistant inspectors general.--The Inspector General - shall, in accordance with applicable laws and regulations - governing the civil service, appoint an Assistant Inspector - General for Military Justice who shall have the responsibility - for auditing and investigation activities relating to racial - and ethnic disparities within the military justice system. - (5) Supervision.-- - (A) In general.--Except as provided in subparagraph - (B), the Inspector General shall report directly to, - and be under the general supervision of the Secretary - of Defense. - (B) Independence to conduct investigations and - audits.--No officer of the Department of Defense shall - prevent or prohibit the Inspector General from - initiating, carrying out, or completing any audit or - investigation related to racial and ethnic disparities - or from issuing any subpoena during the course of any - such audit or investigation. - (6) Duties.-- - (A) Oversight of military justice.--It shall be the - duty of the Inspector General to conduct, supervise, - and coordinate audits and investigations of-- - (i) the effect of military justice policies - and practices on racial and ethnic disparities, - including overrepresentation of minorities in - actions related to investigations, courts- - martial, nonjudicial punishments, and other - military justice actions as determined by the - Inspector General; - (ii) the effect of military personnel - policies and practices, including recruiting, - accessions, and promotions, on racial and - ethnic disparities, including - underrepresentation of minorities among members - of the Armed Forces under the jurisdiction of - the Secretary of a military department in - grades above E-7; - (iii) the scope and efficacy of existing - diversity and inclusion offices and programs - within the Department of Defense; and - (iv) white supremacist activities among - military personnel and any other issues, - determined by the Inspector General, necessary - to address racial and ethnic disparities within - the Armed Forces under the jurisdiction of the - Secretary of a military department. - (B) Other duties related to oversight.--The - Inspector General shall establish, maintain, and - oversee such systems, procedures, and controls as the - Inspector General considers appropriate to discharge - the duties under subparagraph (A). - (C) Duties and responsibilities under inspector - general act of 1978.--In addition to the duties - specified in subparagraphs (A) and (B), the Inspector - General shall also have the duties and responsibilities - of inspectors general under the Inspector General Act - of 1978. - (D) Coordination of efforts.--In carrying out the - duties, responsibilities, and authorities of the - Inspector General under this section, the Inspector - General shall coordinate with, and receive the - cooperation of each of the following: - (i) The Inspector General of the Department - of Defense. - (ii) The Inspector General of the Army. - (iii) The Inspector General of the Navy. - (iv) The Inspector General of the Air - Force. - (7) Powers and authorities.-- - (A) Authorities under inspector general act of - 1978.--In carrying out the duties specified in - paragraph (6), the Inspector General shall have the - authorities provided in section 6 of the Inspector - General Act of 1978. - (B) Audit standards.--The Inspector General shall - carry out the duties specified in paragraph (6)(A) in - accordance with section 4(b)(1) of the Inspector - General Act of 1978. - (8) Personnel, facilities, and other resources.-- - (A) Personnel.--The Inspector General may select, - appoint, and employ such officers and employees as may - be necessary for carrying out the duties of the - Inspector General, subject to the provisions of title - 5, United States Code, governing appointments in the - competitive service, and the provisions of chapter 51 - and subchapter III of chapter 53 of such title, - relating to classification and General Schedule pay - rates. - (B) Employment of experts and consultants.--The - Inspector General may obtain services as authorized by - section 3109 of title 5, United States Code, at daily - rates not to exceed the equivalent rate prescribed for - grade GS-15 of the General Schedule by section 5332 of - such title. - (C) Contracting authority.--To the extent and in - such amounts as may be provided in advance by - appropriations Acts, the Inspector General may enter - into contracts and other arrangements for audits, - studies, analyses, and other services with public - agencies and with private persons, and make such - payments as may be necessary to carry out the duties of - the Inspector General. - (D) Resources.--The Secretary of Defense, as - appropriate, shall provide the Inspector General with - appropriate and adequate office space at appropriate - locations of the Department of Defense, together with - such equipment, office supplies, and communications - facilities and services as may be necessary for the - operation of such offices, and shall provide necessary - maintenance services for such offices and the equipment - and facilities located therein. - (E) Assistance from federal agencies.-- - (i) In general.--Upon request of the - Inspector General for information or assistance - from any department, agency, or other entity of - the Federal Government, the head of such entity - shall, insofar as is practicable and not in - contravention of any existing law, furnish such - information or assistance to the Inspector - General, or an authorized designee. - (ii) Reporting of refused assistance.-- - Whenever information or assistance requested by - the Inspector General is, in the judgment of - the Inspector General, unreasonably refused or - not provided, the Inspector General shall - report the circumstances to the Secretary of - Defense, as appropriate, and to the appropriate - congressional committees without delay. - (9) Reports.-- - (A) Quarterly reports.--Not later than 30 days - after the end of each fiscal-year quarter, the - Inspector General shall submit quarterly reports to the - Secretary of Defense and the congressional defense - committees summarizing the activities of the Inspector - General for the previous quarter. - (B) Annual reports.--The Inspector General shall - submit annual reports to the Secretary of Defense and - the congressional defense committees presenting - recommendations for changes to policy, practice, - regulation, and statute to eliminate disparities within - the military personnel and military justice systems and - to eliminate white supremacist activities among - military personnel. Each such report shall include an - accounting and detailing of every incident of white - supremacist activity documented in the Department of - Defense. - (C) Occasional reports.--The Inspector General - shall, from time to time, submit additional reports - containing findings and recommendations at the - discretion of the Inspector General. - (D) Online publication.--The Inspector General - shall publish each report under this paragraph on a - publicly available website not later than 7 days after - submission to the Secretary of Defense and the - congressional defense committees. - (10) Funding.--This section shall be carried out using not - more than $10,000,000 of funds authorized to be appropriated in - this Act for Operation and Maintenance, Defense-wide, and no - additional amounts are authorized to be appropriated to carry - out this section. - (b) Amendments to the Inspector General Act.--The Inspector General -Act of 1978 (5 U.S.C. App.) is amended-- - (1) in section 3(b)-- - (A) by inserting ``(1)'' before ``An Inspector - General''; - (B) by inserting after the first sentence the - following: ``An Inspector General may only be removed - by the President before the expiration of the term of - the Inspector General for permanent incapacity, neglect - of duty, malfeasance, conviction of a felony or conduct - involving moral turpitude, knowing violation of a law, - gross mismanagement, gross waste of funds, or abuse of - authority.''; and - (C) by adding at the end the following new - paragraphs: - ``(2) If an Inspector General is removed by the President under -paragraph (1) fewer than 30 days after the President has communicated -in writing the reasons for such removal pursuant to paragraph (1), the -Inspector General shall submit to the Council of the Inspectors General -on Integrity and Efficiency a report that includes the following -information: - ``(A) A description of the facts and circumstances of each - investigation involving a senior government employee (as - defined in section 5 of this Act) being conducted by that - Inspector General at the time of such removal. - ``(B) Any other matter that the Inspector General - determines to include. - ``(3) Any individual serving as the head of an Office of Inspector -General, after the removal of an Inspector General under paragraph (1), -shall issue to the Council of the Inspectors General on Integrity and -Efficiency a report identifying any instances in which an investigation -or matter described in paragraph (2) is closed prior to its completion, -with a description of the reasons for closing the investigation or -matter.''; and - (2) in section 8G(e), by adding at the end the following - new paragraph: - ``(3) In the event of the removal of an Inspector General, the -Council of the Inspectors General on Integrity and Efficiency shall-- - ``(A) investigate the reasons for removal provided by the - President; - ``(B) publish a report including the determination of the - Council whether the reasons described in subparagraph (A) are - in accordance with the relevant provisions relating to for - cause removal; - ``(C) review any investigation that was being conducted by - the Inspector General at the time of such removal; and - ``(D) submit, to the congressional committees the Council - determine to be relevant, a report that includes the - determination of the Council whether an investigation described - in subparagraph (C) motivated such removal.''. - -SEC. 574. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, AND SUPREMACISM IN - WORKPLACE SURVEYS ADMINISTERED BY THE SECRETARY OF - DEFENSE. - - Section 593 of the National Defense Authorization Act for Fiscal -Year 2020 (Public Law 116-92) is amended, in paragraph (1), by -inserting ``, racist, xenophobic, anti-Semitic, or supremacist'' after -``extremist''. - -SEC. 575. REPORT ON DEMOGRAPHICS OF OFFICERS APPOINTED TO CERTAIN - GRADES. - - Not later than the first October 1 to occur after the date of the -enactment of this Act, and annually thereafter, each Secretary of a -military department shall submit to the Committees on Armed Services of -the Senate and House of Representatives a report summarizing the gender -and race of each individual who received an appointment under section -531 or 601 of title 10, United States Code, during the immediately -preceding fiscal year. - -SEC. 576. PLANS TO INCREASE FEMALE AND MINORITY REPRESENTATION IN THE - ARMED FORCES. - - (a) Plans Required.--The Secretary of Defense and each Secretary of -a military department shall develop plans to increase, with respect to -female and minority members of the Armed Forces and cadets or -midshipmen under the jurisdiction of that Secretary, the following: - (1) Recruitment. - (2) Retention. - (3) Representation in grades above E-7. - (b) Elements.--Each plan developed under this section shall include -clearly defined goals, performance measures, and timeframes. - (c) Goals.--A goal under subsection (b) shall be to exceed, by not -less than 100 percent, the rate at which the number of members -described in subsection (a)(3) increased during the 5 years immediately -preceding the date of the enactment of this Act. - (d) Submittal.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense and each Secretary of a -military department shall submit to the committees on Armed Services of -the Senate and the House of Representatives a copy of each plan -developed under this section by that Secretary. - (e) Report.--Three months after submitting a plan under subsection -(d) and quarterly thereafter for 5 years, the Secretary of Defense and -each Secretary of a military department shall submit to the committees -on Armed Services of the Senate and the House of Representatives a -report indicating the number of female and minority members in grades -above E-7 in each Armed Force under the jurisdiction of that Secretary. - -SEC. 577. EVALUATION OF BARRIERS TO MINORITY PARTICIPATION IN CERTAIN - UNITS OF THE ARMED FORCES. - - (a) Study Required.-- - (1) In general.--Not later than 30 days after the date of - the enactment of this Act, the Under Secretary of Defense for - Personnel and Readiness shall seek to enter into an agreement - with a federally funded research and development center with - relevant expertise to conduct an evaluation of the barriers to - minority participation in covered units of the Armed Forces. - (2) Elements.--The evaluation required under paragraph (1) - shall include the following elements: - (A) A description of the racial, ethnic, and gender - composition of covered units. - (B) A comparison of the participation rates of - minority populations in covered units to participation - rates of the general population as members and as - officers of the Armed Forces. - (C) A comparison of the percentage of minority - officers in the grade of O-7 or higher who have served - in each covered unit to such percentage for all such - officers in the Armed Force of that covered unit. - (D) An identification of barriers to minority - (including English language learners) participation in - the recruitment, accession, assessment, and training - processes. - (E) The status and effectiveness of the response to - the recommendations contained in the report of the RAND - Corporation titled ``Barriers to Minority Participation - in Special Operations Forces'' and any follow-up - recommendations. - (F) Recommendations to increase the numbers of - minority officers in the Armed Forces. - (G) Recommendations to increase minority - participation in covered units. - (H) Any other matters the Secretary determines - appropriate. - (3) Report to congress.--The Secretary shall-- - (A) submit to the congressional defense committees - a report on the results of the study by not later than - January 1, 2022; and - (B) provide interim briefings to such committees - upon request. - (b) Designation.--The study conducted under subsection (a) shall be -known as the ``Study on Reducing Barriers to Minority Participation in -Elite Units in the Armed Services''. - (c) Implementation Required.-- - (1) In general.--Except as provided in paragraph (2), not - later than March 1, 2023, the Secretary of Defense shall - commence the implementation of each recommendation included in - the final report submitted under subsection (a)(3). - (2) Exceptions.-- - (A) Delayed implementation.--The Secretary of - Defense may commence implementation of a recommendation - described paragraph (1) later than March 1, 2023, if-- - (i) the Secretary submits to the - congressional defense committees, not later - than January 1, 2023, written notice of the - intent of the Secretary to delay implementation - of the recommendation; and - (ii) includes, as part of such notice, a - specific justification for the delay in - implementing the recommendation. - (B) Nonimplementation.--The Secretary of Defense - may elect not to implement a recommendation described - in paragraph (1), if-- - (i) the Secretary submits to the - congressional defense committees, not later - than January 1, 2023, written notice of the - intent of the Secretary not to implement the - recommendation; and - (ii) includes, as part of such notice-- - (I) the reasons for the Secretary's - decision not to implement the - recommendation; and - (II) a summary of alternative - actions the Secretary will carry out to - address the purposes underlying the - recommendation. - (3) Implementation plan.--For each recommendation that the - Secretary implements under this subsection, the Secretary shall - submit to the congressional defense committees an - implementation plan that includes-- - (A) a summary of actions the Secretary has carried - out, or intends to carry out, to implement the - recommendation; and - (B) a schedule, with specific milestones, for - completing the implementation of the recommendation. - (d) Covered Units Defined.--In this section, the term ``covered -units'' means the following: - (1) Army Special Forces. - (2) Army Rangers. - (3) Navy SEALs. - (4) Air Force Combat Control Teams. - (5) Air Force Pararescue. - (6) Air Force Special Reconnaissance. - (7) Marine Raider Regiments. - (8) Marine Corps Force Reconnaissance. - (9) Coast Guard Maritime Security Response Team. - (10) Any other forces designated by the Secretary of - Defense as special operations forces. - (11) Pilot and navigator military occupational specialties. - -SEC. 578. REPORT TO CONGRESS ON EFFORTS TO INCREASE DIVERSITY AND - REPRESENTATION IN FILM, TELEVISION, AND PUBLISHING. - - (a) Promulgation of Policy.--The Secretary of Defense and each -Secretary of a military department shall promulgate a policy to -promote, to the maximum extent possible, the depiction of marginalized -communities in projects with the film, television, and publishing -industries carried out through the respective offices of public -affairs. - (b) Consideration of Depiction of Certain Communities.--The -Secretary of Defense and each Secretary of a military department shall -consider the promotion of a marginalized community as an affirmative -factor in any decision to provide assistance to a production studio or -publishing company through the respective offices of public affairs. - (c) Report to Congress.--Not later than 180 days after the date of -the enactment of this Act, the Secretary of Defense, in coordination -with each Secretary of a military department, shall submit to the -congressional defense committees a report on-- - (1) the policies promulgated under subsection (a); and - (2) the activities carried out by the Secretary of Defense - and each such Secretary of a military department pursuant to - such subsection. - (d) Definition of Marginalized Community.--In this section, the -term ``marginalized community'' means a community-- - (1) that is (or historically was) under-represented in the - film, television, and publishing industries, including-- - (A) women; - (B) racial and ethnic minorities; - (C) individuals with disabilities; - (D) members of the LGBTQ community; - (E) individuals of all ages; and - (F) other individuals from under-represented - communities; and - (2) whose members have served in the Armed Forces. - -SEC. 579. PLAN TO IMPROVE RESPONSES TO PREGNANCY AND CHILDBIRTH BY - MEMBERS OF THE ARMED FORCES AND EMPLOYEES OF THE - DEPARTMENT OF DEFENSE. - - (a) Plan Required.--The Secretary of Defense, in coordination with -the Secretaries of the military departments, shall develop a plan to -ensure that the career of a covered individual is not unduly affected -because of being a covered individual. The plan shall address the -following policy considerations: - (1) Enforcement and implementation of the Pregnancy - Discrimination Act (Public Law 95-555; 42 U.S.C. 2000e(k)) by - the Department of Defense and the Equal Employment Opportunity - Commission with regards to civilian employees of the Department +the Armed Forces and civilian employees of the Department of Defense +regarding the threat of foreign malign influence campaigns targeted at +such individuals and the families of such individuals, including such +campaigns carried out through social media. + (b) Designation of Official to Coordinate and Integrate.--Not later +than 30 days after the date of enactment of this Act, the Secretary +shall designate an official of the Department who shall be responsible +for coordinating and integrating the training program under this +section. + (c) Best Practices.--In coordinating and integrating the training +program under this section, the official designated under subsection +(b) shall review best practices of existing training programs across +the Department. + (d) Report Required.--Not later than October 30, 2021, the +Secretary shall submit a report to the congressional defense committees +detailing the program established under this section. + (e) Foreign Malign Influence Defined.--In this section, the term +``foreign malign influence'' has the meaning given that term in section +119C of the National Security Act of 1947 (50 U.S.C. 3059). +SEC. 589F. STUDY ON CYBEREXPLOITATION AND ONLINE DECEPTION OF MEMBERS +OF THE ARMED FORCES AND THEIR FAMILIES. + (a) Study.--Not later than 150 days after the date of the enactment +of this Act, the Secretary of Defense shall complete a study on-- + (1) the cyberexploitation of the personal information and + accounts of members of the Armed Forces and their families; and + (2) the risks of deceptive online targeting of members and + their families. + (b) Elements.--The study under subsection (a) shall include the +following: + (1) An assessment of predatory loans, other financial products, + or educational products being targeted to members of the Armed + Forces and their families. + (2) An assessment of unproven or unnecessary medical treatments + or procedures being targeted to members and their families. + (3) An assessment of ethnic or racial violent extremism + messages targeting members and their families. + (4) An assessment of the ways in which social media algorithms + may amplify the targeting described in paragraphs (1) through (3). + (5) An intelligence assessment of the threat currently posed by + foreign government and non-state actors carrying out the + cyberexploitation of members and their families, including + generalized assessments as to-- + (A) whether such cyberexploitation is a substantial threat + as compared to other means of information warfare; and + (B) whether such cyberexploitation is an increasing threat. + (6) A case-study analysis of three known occurrences of + attempted cyberexploitation against members and their families, + including assessments of the vulnerability and the ultimate + consequences of the attempted cyberexploitation. + (7) A description of the actions taken by the Department of + Defense to educate members and their families, including + particularly vulnerable subpopulations, about any actions that can + be taken to reduce cyberexploitation threats. + (8) An intelligence assessment of the threat posed by foreign + government and non-state actors creating or using machine- + manipulated media (commonly referred to as ``deep fakes'') + featuring members and their families, including generalized + assessments of-- + (A) the maturity of the technology used in the creation of + such media; and + (B) how such media has been used or might be used to + conduct information warfare. + (9) Recommendations for policy changes to reduce the + vulnerability of members of the Armed Forces and their families to + cyberexploitation and deception, including recommendations for + legislative or administrative action. + (c) Report.-- + (1) Requirement.--The Secretary shall submit to the Committees + on Armed Services of the House of Representatives and the Senate a + report on the findings of the Secretary with respect to the study + under subsection (a). + (2) Form.--The report under paragraph (1) shall be submitted in + unclassified form, but may include a classified annex. + (d) Definitions.--In this section: + (1) The term ``cyberexploitation'' means the use of digital + means and online platforms-- + (A) to knowingly access, or conspire to access, without + authorization, an individual's personal information to be + employed (or to be used) with malicious intent; or + (B) to deceive an individual with misinformation with + malicious intent. + (2) The term ``machine-manipulated media'' means video, image, + or audio recordings generated or substantially modified using + machine learning techniques in order to, with malicious intent, + falsely depict the speech or conduct of an individual without that + individual's permission. +SEC. 589G. MATTERS RELATING TO EDUCATION FOR MILITARY DEPENDENT +STUDENTS WITH SPECIAL NEEDS. + (a) Information on Special Education Disputes.-- + (1) In general.--Each Secretary of a military department shall + collect and maintain information on special education disputes + filed by members of the Armed Forces under the jurisdiction of such + Secretary. + (2) Information.--The information collected and maintained + under this subsection shall include the following: + (A) The number of special education disputes filed. + (B) The outcome or disposition of the disputes. + (3) Source of information.--The information collected and + maintained pursuant to this subsection shall be derived from the + following: + (A) Records and reports of case managers and navigators + under the Exceptional Family Member Program of the Department of Defense. - (2) The need for individual determinations regarding the - ability of members of the Armed Forces to serve during and - after pregnancy. - (3) Responses to the effects specific to covered - individuals who reintegrate into home life after deployment. - (4) Pregnancy discrimination training, including - comprehensive education of new policies to diminish stigma, - stereotypes, and negative perceptions regarding covered - individuals, including with regards to commitment to the Armed - Forces and abilities. - (5) Opportunities to maintain readiness when positions are - unfilled due to pregnancy, medical conditions arising from - pregnancy or childbirth, pregnancy convalescence, or parental - leave. - (6) Reasonable accommodations for covered individuals in - general and specific accommodations based on career field or - military occupational specialty. - (7) Reissuing school enrollments or special assignments to - covered individuals. - (8) Extended assignments and performance reporting periods - for covered individuals. - (9) A mechanism by which covered individuals may report - harassment or discrimination, including retaliation, relating - to being a covered individual. - (b) Report on Plan.--Not later than 90 days after the date of the -enactment of this Act, the Secretary shall submit to the congressional -defense committees a report detailing the plan required under this -section and a strategy to implement the plan. - (c) Implementation.--Not later than 2 years after the date of the -enactment of this Act, the Secretary of Defense shall-- - (1) complete implementation of the plan under this section; - and - (2) submit to the congressional defense committees a report - detailing the research performed, considerations, and policy - changes implemented under this section. - (d) Covered Individual Defined.--In this section, the term -``covered individual'' means a member of the Armed Forces or employee -of the Department of Defense who-- - (1) is pregnant; - (2) gives birth to a child; or - (3) incurs a medical condition arising from pregnancy or - childbirth. - - Subtitle I--Decorations and Awards - -SEC. 581. ESTABLISHMENT OF THE ATOMIC VETERANS SERVICE MEDAL. - - (a) Service Medal Required.--The Secretary of Defense shall design -and produce a military service medal, to be known as the ``Atomic -Veterans Service Medal'', to honor retired and former members of the -Armed Forces who are radiation-exposed veterans (as such term is -defined in section 1112(c)(3) of title 38, United States Code). - (b) Distribution of Medal.-- - (1) Issuance to retired and former members.--At the request - of a radiation-exposed veteran, the Secretary of Defense shall - issue the Atomic Veterans Service Medal to the veteran. - (2) Issuance to next-of-kin.--In the case of a radiation- - exposed veteran who is deceased, the Secretary may provide for - issuance of the Atomic Veterans Service Medal to the next-of- - kin of the person. - (3) Application.--The Secretary shall prepare and - disseminate as appropriate an application by which radiation- - exposed veterans and their next-of-kin may apply to receive the - Atomic Veterans Service Medal. - -SEC. 582. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED-SERVICE CROSS - FOR RAMIRO F. OLIVO FOR ACTS OF VALOR DURING THE VIETNAM - WAR. - - (a) Authorization.--Notwithstanding the time limitations specified -in section 7274 of title 10, United States Code, or any other time -limitation with respect to the awarding of certain medals to persons -who served in the United States Armed Forces, the President of the -United States is authorized to award the Distinguished-Service Cross -under section 7272 of such title to Ramiro F. Olivo for the acts of -valor during the Vietnam War described in subsection (b). - (b) Acts of Valor Described.--The acts of valor described in this -subsection are the actions of Ramiro F. Olivo on May 9, 1968, as a -member of the Army while serving in the Republic of Vietnam with -Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division. - -SEC. 583. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR VIETNAM - SERVICE MEDAL. - - The Secretary of the military department concerned may, upon the -application of an individual who is a veteran who participated in -Operation End Sweep, award that individual the Vietnam Service Medal. - - Subtitle J--Miscellaneous Reports and Other Matters - -SEC. 591. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE PROGRAM. - + (B) Reports submitted by members of the Armed Forces to + officials at military installations or other relevant military + officials. + (C) Such other sources as the Secretary of the military + department concerned considers appropriate. + (4) Annual reports.--On an annual basis, each Secretary of a + military department shall submit to the Office of Special Needs of + the Department of Defense a report on the information collected by + such Secretary under this subsection during the preceding year. + (b) GAO Study and Report.-- + (1) In general.--The Comptroller General of the United States + shall conduct a study on the following: + (A) The manner in which local educational agencies with + schools that serve military dependent students use the + following: + (i) Funds made available for impact aid for children + with severe disabilities under section 363 of the Floyd D. + Spence National Defense Authorization Act for Fiscal Year + 2001 (Public Law 106-398; 20 U.S.C. 7703a). + (ii) Funds made available for assistance to schools + with a significant number of military dependent students + under subsection (a) of section 572 of the National Defense + Authorization Act for Fiscal Year 2006 (Public Law 109-163; + 20 U.S.C. 7703b). + (C) The efficacy of attorneys and other legal support for + military families in special education disputes. + (E) Whether, and to what extent, policies and guidance for + School Liaison Officers are standardized between the Office of + Special Needs of the Department of Defense and the military + departments, and the efficacy of such policies and guidance. + (F) The improvements made to family support programs of the + Office of Special Needs, and of each military department, in + light of the recommendations of the Comptroller General in the + report titled ``DOD Should Improve Its Oversight of the + Exceptional Family Member Program'' (GAO-18-348). + (2) Recommendations.--As part of the study under paragraph (1), + the Comptroller General shall develop recommendations on the + following: + (A) Improvements to the ability of the Department of + Defense to monitor and enforce the compliance of local + educational agencies with requirements for the provision of a + free appropriate public education to military dependent + students with special needs. + (B) Improvements to the policies of the Office of Special + Needs, and of each military department, with respect to the + standardization and efficacy of policies and programs for + military dependent students with special needs. + (3) Briefing and report.--Not later than March 31, 2021, the + Comptroller General of the United States shall provide to the + Committees on Armed Services of the Senate and the House of + Representatives a briefing and a report the results of the study + conducted under paragraph (1). + (c) Definitions.--In this section: + (1) The term ``free appropriate public education'' has the + meaning given that term in section 602 of the Individuals with + Disabilities Education Act (20 U.S.C. 1401). + (2) The term ``local educational agency'' has the meaning given + that term in section 8101 of the Elementary and Secondary Education + Act of 1965 (20 U.S.C. 7801). + (3) The term ``special education dispute'' means a complaint + filed regarding the education provided to a child with a disability + (as defined in section 602 of the Individuals with Disabilities + Education Act (20 U.S.C. 1401)), including a complaint filed in + accordance with section 615 or 639 of such Act (20 U.S.C. 1415, + 1439). +SEC. 589H. STUDIES AND REPORTS ON THE PERFORMANCE OF THE DEPARTMENT OF +DEFENSE EDUCATION ACTIVITY. + (a) DOD Study and Report.-- + (1) Study.--The Secretary of Defense shall conduct a study on + the performance of the Department of Defense Education Activity. + (2) Elements.--The study under paragraph (1) shall include-- + (A) a review of the curriculum relating to health, + resiliency, and nutrition taught in schools operated by the + Department of Defense Education Activity; and + (B) a comparison of such curriculum to benchmarks + established for the curriculum by the Department of Defense + Education Activity. + (3) Report.--Not later than one year 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 that includes the results of the study + conducted under paragraph (1). + (b) GAO Studies and Reports.-- + (1) Studies.--The Comptroller General of the United States + shall conduct two studies on the performance of the Department of + Defense Education Activity as follows: + (A) One study shall analyze the educational outcomes of + students in schools operated by the Department of Defense + Education Activity compared to the educational outcomes of + students in public elementary schools and public secondary + schools (as those terms are defined in section 8101 of the + Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 + et seq.)) outside the Department of Defense. + (B) One study shall assess the effectiveness of the School + Liaison Officer program of the Department of Defense Education + Activity in achieving the goals of the program with an emphasis + on goals relating to special education and family outreach. + (2) Reports.--Not later than one year after the date of the + enactment of this Act, the Comptroller General of the United States + shall submit to the Committees on Armed Services of the Senate and + the House of Representatives-- + (A) a report that includes the results of the study + conducted under subparagraph (A) of paragraph (1); and + (B) a report that includes the results of the study + conducted under subparagraph (B) of such paragraph. + + Subtitle J--Other Matters and Reports + + SEC. 591. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE PROGRAM. (a) In General.--Section 2193b of title 10, United States Code, is amended-- - (1) in the section heading, by striking ``science, - mathematics, and technology'' and inserting ``science, - technology, engineering, art and design, and mathematics''; - (2) in subsection (a), by striking ``science, mathematics, - and technology'' and inserting ``science, technology, - engineering, art and design, and mathematics''; and - (3) in subsection (b), by striking ``mathematics, science, - and technology'' and inserting ``science, technology, - engineering, art and design, and mathematics''. + (1) in the section heading, by striking ``science, mathematics, + and technology'' and inserting ``science, technology, engineering, + art and design, and mathematics''; + (2) in subsection (a), by striking ``science, mathematics, and + technology'' and inserting ``science, technology, engineering, art + and design, and mathematics''; and + (3) in subsection (b), by striking ``mathematics, science, and + technology'' and inserting ``science, technology, engineering, art + and design, and mathematics''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 111 of title 10, United States Code, is amended by striking the item relating to section 2193b and inserting the following new item: ``2193b. Improvement of education in technical fields: program for - support of elementary and secondary - education in science, technology, - engineering, art and design, and - mathematics.''. - -SEC. 592. INCLUSION OF CERTAIN OUTLYING AREAS IN THE DEPARTMENT OF - DEFENSE STARBASE PROGRAM. - + support of elementary and secondary education in science, + technology, engineering, art and design, and mathematics.''. + SEC. 592. INCLUSION OF CERTAIN OUTLYING AREAS IN THE DEPARTMENT OF + DEFENSE STARBASE PROGRAM. Section 2193b(h) of title 10, United States Code, is amended by inserting ``the Commonwealth of the Northern Mariana Islands, American Samoa,'' before ``and Guam''. - -SEC. 593. PROHIBITION ON CHARGING FOR OR COUNTING CERTAIN ACRONYMS ON - HEADSTONES OF INDIVIDUALS INTERRED AT ARLINGTON NATIONAL - CEMETERY. - - The Secretary of the Army shall prescribe regulations or establish -policies that, with regards to the headstone for an individual interred -at Arlington National Cemetery, prohibit the charging of a fee for, or -counting towards character or line count, the following acronyms: - (1) ``KIA'' for an individual killed in action. - (2) ``MIA'' for an individual who was missing in action. - (3) ``POW'' for an individual who was a prisoner of war. - -SEC. 594. REPORT ON PLACEMENT OF MEMBERS OF THE ARMED FORCES IN - ACADEMIC STATUS WHO ARE VICTIMS OF SEXUAL ASSAULT ONTO - NON-RATED PERIODS. - - Not later than 90 days after the date of the enactment of this Act, -the Secretary of Defense shall submit to the Committees on Armed -Services of the Senate and the House of Representatives a report on the -feasibility and advisability, and current practice (if any), of the -Department of Defense of granting requests by members of the Armed -Forces who are in academic status (whether at the military service -academies or in developmental education programs) and who are victims -of sexual assault to be placed on a Non-Rated Period for their -performance report. - -SEC. 595. SENSE OF CONGRESS REGARDING ADVERTISING RECRUITING EFFORTS. - - It is the sense of Congress that the Chiefs of the Armed Forces, in -coordination with the Recruiting Commands of the Armed Forces, should -give all due consideration to the use of local broadcasting and -traditional news publishers when advertising. - -SEC. 596. STUDY ON FINANCIAL IMPACTS OF COVID-19 ON MEMBERS OF THE - ARMED FORCES AND BEST PRACTICES TO PREVENT FUTURE - FINANCIAL HARDSHIPS. - + SEC. 593. POSTPONEMENT OF CONDITIONAL DESIGNATION OF EXPLOSIVE + ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH OF THE ARMY. + Section 582(b) of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 763 note) is amended-- + (1) in paragraph (1), by striking ``October 1, 2020'' and + inserting ``October 1, 2025''; and + (2) in paragraph (2)-- + (A) in the matter preceding subparagraph (A), by striking + ``September 30, 2020'' and inserting ``September 30, 2025''; + (B) in subparagraph (B), by inserting ``, the explosive + ordnance disposal commandant (chief of explosive ordnance + disposal),'' before ``qualified''; and + (C) by adding at the end the following new subparagraph: + ``(G) The explosive ordnance disposal commandant (chief of + explosive ordnance disposal) has determined whether explosive + ordnance disposal soldiers have the appropriate skills + necessary to support missions of special operations forces (as + identified in section 167(j) of title 10, United States Code). + Such skills may include airborne, air assault, combat diver, + fast roping insertion and extraction, helocasting, military + free-fall, and off-road driving.''. + SEC. 594. ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST SPECIAL + PURPOSE ADJUNCT TO ADDRESS COMPUTATIONAL THINKING. + Not later than one year after the date of the enactment of this +Act, the Secretary of Defense shall establish a special purpose test +adjunct to the Armed Services Vocational Aptitude Battery test to +address computational thinking skills relevant to military +applications, including problem decomposition, abstraction, pattern +recognition, analytical ability, the identification of variables +involved in data representation, and the ability to create algorithms +and solution expressions. + SEC. 595. EXTENSION OF REPORTING DEADLINE FOR THE ANNUAL REPORT ON + THE ASSESSMENT OF THE EFFECTIVENESS OF ACTIVITIES OF THE FEDERAL + VOTING ASSISTANCE PROGRAM. + (a) Elimination of Reports for Non-election Years.--Section 105A(b) +of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. +20308(b)) is amended, in the matter preceding paragraph (1)-- + (1) by striking ``March 31 of each year'' and inserting + ``September 30 of each odd-numbered year''; and + (2) by striking ``the following information'' and inserting + ``the following information with respect to the Federal elections + held during the preceding calendar year''. + (b) Conforming Amendments.--Subsection (b) of section 105A of such +Act (52 U.S.C. 20308(b)) is amended-- + (1) in the subsection heading, by striking ``Annual Report'' + and inserting ``Biennial Report''; and + (2) in paragraph (3), by striking ``In the case of'' and all + that follows through ``a description'' and inserting ``A + description''. + SEC. 596. PLAN ON PERFORMANCE OF FUNERAL HONORS DETAILS BY MEMBERS + OF OTHER ARMED FORCES WHEN MEMBERS OF THE ARMED FORCE OF THE + DECEASED ARE UNAVAILABLE. + (a) Briefing on Plan.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense shall provide a + briefing to the Committees on Armed Services of the Senate and the + House of Representatives setting forth a plan for the performance + of a funeral honors detail at the funeral of a deceased member of + the Armed Forces by one or more members of the Armed Forces from an + Armed Force other than that of the deceased when-- + (A) members of the Armed Force of the deceased are + unavailable for the performance of the detail; + (B) the performance of the detail by members of other Armed + Forces is requested by the family of the deceased; and + (C) the chief of the Armed Force of the deceased verifies + the eligibility of the deceased for such funeral honors. + (2) Repeal of requirement for one member of armed force of + deceased in detail.--Section 1491(b)(2) of title 10, United States + Code, is amended in the first sentence by striking ``, at least one + of whom shall be a member of the armed force of which the veteran + was a member''. + (3) Performance.--The plan required by paragraph (1) shall + authorize the performance of funeral honors details by members of + the Army National Guard and the Air National Guard under section + 115 of title 32, United States Code, and may authorize the + remainder of such details to consist of members of veterans + organizations or other organizations approved for purposes of + section 1491 of title 10, United States Code, as provided for by + subsection (b)(2) of such section 1491. + (b) Elements.--The briefing under subsection (a) shall include a +detailed description of the authorities and requirements for the +implementation of the plan, including administrative, logistical, +coordination, and funding authorities and requirements. + SEC. 597. STUDY ON FINANCIAL IMPACTS OF THE CORONAVIRUS DISEASE + 2019 ON MEMBERS OF THE ARMED FORCES AND BEST PRACTICES TO PREVENT + FUTURE FINANCIAL HARDSHIPS. (a) Study.--The Secretary of Defense shall conduct a study on the financial hardships experienced by members of the Armed Forces -(including the reserve components) as a result of the COVID-19 -pandemic. +(including the reserve components) as a result of the Coronavirus +Disease 2019 (COVID-19) pandemic. (b) Elements.--The study shall-- - (1) examine the financial hardships members of the Armed - Forces experience as a result of the COVID-19 pandemic, - including the effects of stop movement orders, loss of spousal - income, loss of hazardous duty incentive pay, school closures, - loss of childcare, loss of educational benefits, loss of drill - and exercise pay, cancelled deployments, and any additional - financial stressors identified by the Secretary; - (2) recommend best practices to provide assistance for - members of the Armed Forces experiencing the financial - hardships listed in paragraph (1); and - (3) identify actions that can be taken by the Secretary to - prevent financial hardships listed in paragraph (1) from - occurring in the future. + (1) examine the financial hardships members of the Armed Forces + experience as a result of the COVID-19 pandemic, including the + effects of stop movement orders, loss of spousal income, loss of + hazardous duty incentive pay, school closures, loss of childcare, + loss of educational benefits, loss of drill and exercise pay, + cancelled deployments, and any additional financial stressors + identified by the Secretary; + (2) identify best practices to provide assistance for members + of the Armed Forces experiencing the financial hardships listed in + paragraph (1); and + (3) identify actions that can be taken by the Secretary to + prevent financial hardships listed in paragraph (1) from occurring + in the future. (c) Consultation and Coordination.--For the purposes of the study, -the Secretary shall-- - (1) consult with the Director of the Consumer Financial - Protection Bureau; and - (2) with respect to members of the Coast Guard, coordinate - with the Secretary of Homeland Security. - (d) Submission.--Not later than 120 days after the date of the -enactment of this Act, the Secretary shall submit to the appropriate -congressional committees a report on the study under subsection (a). - (e) Definitions.--In this section-- - (1) the term ``financial hardship'' means a loss of income - or an unforeseen expense as a result of closures and changes in - operations in response to the COVID-19 pandemic; and - (2) the term ``appropriate congressional committees'' means - the Committees on Armed Services of the Senate and House of - Representatives. - -SEC. 597. SENSE OF CONGRESS HONORING THE DOVER AIR FORCE BASE, - DELAWARE, HOME TO THE 436TH AIRLIFT WING, THE 512TH - AIRLIFT WING, AND THE CHARLES C. CARSON CENTER FOR - MORTUARY AFFAIRS. - - (a) Findings.--Congress find the following: - (1) The Dover Air Force Base is home more than 4,000 - active-duty military and civilian employees tasked with - defending the United States of America. - (2) The Dover Air Force Base supports the mission of the th - Airlift Wing, known as ``Eagle Wing'' and the 512th Airlift - Wing, known as Liberty Wing. - (3) The ``Eagle Wing'' serves as a unit of the Eighteenth - Air Force headquartered with the Air Mobility Command at Scott - Air Force Base in Illinois. - (4) The ``Eagle Wing'' flies hundreds of missions - throughout the world and provides a quarter of the United - States' strategic airlift capability and boasts a global reach - to over 100 countries around the world. - (5) The Dover Air Force Base houses incredible aircrafts - utilized by the United States Air Force, including the C-5M - Super Galaxy and C-17A Globemaster III aircraft. - (6) The Dover Air Force Base operates the largest and - busiest air freight terminal in the Department of Defense, - fulfilling an important role in our Nation's military. - (7) The Air Mobility Command Museum is located on the Dover - Air Force base and welcomes thousands of visitors each year to - learn more about the United States Air Force. - (8) The Charles C. Carson Center for Mortuary Affairs - fulfills our Nation's sacred commitment of ensuring dignity, - honor and respect to the fallen and care service and support to - their families. - (9) The mortuary mission at Dover Air Force Base dates back - to 1955 and is the only Department of Defense mortuary in the - continental United States. - (10) Service members who serve at the Center for Mortuary - Affairs are often so moved by their work that they voluntarily - elect to serve multiple tours because they feel called to serve - our fallen heroes. - (b) Sense of Congress.--Congress-- - (1) honors and expresses sincerest gratitude to the women - and men of the Dover Air Force Base for their distinguished - service; - (2) acknowledges the incredible sacrifice and service of - the families of active duty members of the United States - military; - (3) encourages the people of the United States to keep in - their thoughts and their prayers the women and men of the - United States Armed Forces; and - (4) recognizes the incredibly unique and important work of - the Air Force Mortuary Affairs Operations and the role they - play in honoring our fallen heroes. - -SEC. 598. GAO STUDY OF WOMEN INVOLUNTARILY SEPARATED OR DISCHARGED DUE - TO PREGNANCY OR PARENTHOOD. - - (a) Study Required.--Not later than September 30, 2021, the -Comptroller General of the United States shall conduct a study -regarding women involuntarily separated or discharged from the Armed -Forces due to pregnancy or parenthood during the period of 1951 through -1976. The study shall identify-- - (1) the number of such women, disaggregated by-- - (A) Armed Force; - (B) grade; - (C) race; and - (D) ethnicity; - (2) the characters of such discharges or separations; - (3) discrepancies in uniformity of such discharges or - separations; - (4) how such discharges or separations affected access of - such women to health care and benefits through the Department - of Veterans Affairs; and - (5) recommendations for improving access of such women to - resources through the Department of Veterans Affairs. - (b) Report.--Not later than 30 days after completing the study -under subsection (a), the Comptroller General shall submit to Congress -a report containing the results of that study. - -SEC. 599. REPORT REGARDING TRANSPORTATION OF REMAINS OF CERTAIN - DECEDENTS BY THE SECRETARY OF A MILITARY DEPARTMENT. - - (a) Report Required.--Not later than 120 days after the date of the -enactment of this Act, the Secretary of Defense shall submit a report -to Congress regarding the transportation of the remains of decedents -under the jurisdiction of the Secretary of a military department -pursuant to section 1481 of title 10, United States Code. - (b) Elements.--The report under this section shall include the +the Secretary may-- + (1) consult with the Director of the Consumer Financial + Protection Bureau; and + (2) with respect to members of the Coast Guard, coordinate with + the Secretary of Homeland Security. + (d) Submission.--Not later than 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 study under subsection (a). + (e) Financial Hardship Defined.--In this section, the term +``financial hardship'' means a loss of income or an unforeseen expense +as a result of closures and changes in operations in response to the +COVID-19 pandemic. + SEC. 598. LIMITATION ON IMPLEMENTATION OF ARMY COMBAT FITNESS TEST. + The Secretary of the Army may not implement the Army Combat Fitness +Test until the Secretary receives results of a study, conducted for +purposes of this section by an entity independent of the Department of +Defense, on the following: + (1) The extent, if any, to which the test would adversely + impact members of the Army stationed or deployed to climates or + areas with conditions that make prohibitive the conduct of outdoor + physical training on a frequent or sustained basis. + (2) The extent, if any, to which the test would affect + recruitment and retention in critical support military occupational + specialties of the Army, such as medical personnel. + SEC. 599. SEMIANNUAL REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS + OF THE COMPREHENSIVE REVIEW OF SPECIAL OPERATIONS FORCES CULTURE + AND ETHICS. + (a) Semiannual Reports Required.--Not later than March 1, 2021, and +every 180 days thereafter through March 1, 2024, the Assistant +Secretary of Defense for Special Operations and Low Intensity Conflict +shall, in coordination with the Commander of the United States Special +Operations Command, submit to the congressional defense committees a +report on the current status of the implementation of the actions +recommended as a result of the Comprehensive Review of Special +Operations Forces Culture and Ethics. + (b) Elements.--Each report under subsection (a) shall include the following: - (1) Whether the Secretary of Defense maintains of a list or - database of airports that accept remains of decedents. - (2) How information in the list or database described in - paragraph (1) is transmitted to casualty assistance call - officers. - (3) Regulations and guidance prescribed by the Secretary of - Defense or Secretaries of the military departments regarding - transportation of the remains of decedents. - (4) Any changes made during 2020 to regulations or guidance - described in paragraph (3) by the Secretary of the Navy. - (5) Recommendations of the Secretary of Defense to improve - regulations or guidance described in paragraph (3). - -SEC. 599A. POSTPONEMENT OF CONDITIONAL DESIGNATION OF EXPLOSIVE - ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH OF THE ARMY. + (1) A list of the actions required as of the date of such + report to complete full implementation of each of the 16 actions + recommended by the Comprehensive Review referred to in subsection + (a). + (2) An identification of the office responsible for completing + each action listed pursuant to paragraph (1), and an estimated + timeline for completion of such action. + (3) If completion of any action listed pursuant to paragraph + (1) requires resources or actions for which authorization by + statute is required, a recommendation for legislative action for + such authorization. + (4) Any other matters the Assistant Secretary or the Commander + considers appropriate. +SEC. 599A. REPORT ON IMPACT OF CHILDREN OF CERTAIN FILIPINO WORLD WAR +II VETERANS ON NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMIC AND +HUMANITARIAN INTERESTS OF THE UNITED STATES. + (a) In General.--Not later than December 31, 2020, the Secretary of +Homeland Security, in consultation with the Secretary of Defense and +the Secretary of State, shall submit to the congressional defense +committees a report on the impact of the children of certain Filipino +World War II veterans on the national security, foreign policy, and +economic and humanitarian interests of the United States. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) The number of Filipino World War II veterans who fought + under the United States flag during World War II to protect and + defend the United States in the Pacific theater. + (2) The number of Filipino World War II veterans who died + fighting under the United States flag during World War II to + protect and defend the United States in the Pacific theater. + (3) An assessment of the economic and tax contributions that + Filipino World War II veterans and their families have made to the + United States. + (4) An assessment of the impact on the United States of + exempting from the numerical limitations on immigrant visas the + children of the Filipino World War II veterans who were naturalized + under-- + (A) section 405 of the Immigration Act of 1990 (Public Law + 101-649; 8 U.S.C. 1440 note); or + (B) title III of the Nationality Act of 1940 (54 Stat. + 1137; chapter 876), as added by section 1001 of the Second War + Powers Act, 1942 (56 Stat. 182; chapter 199). + + TITLE VI--MILITARY COMPENSATION - Section 582(b) of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 10 U.S.C. 763 note) is amended-- - (1) in paragraph (1), by striking ``October 1, 2020'' and - inserting ``October 1, 2025''; and - (2) in paragraph (2)-- - (A) in the matter preceding subparagraph (A), by - striking ``September 30, 2020'' and inserting - ``September 30, 2025''; - (B) in subparagraph (B), by inserting ``, the - explosive ordnance disposal commandant (chief of - explosive ordnance disposal),'' before ``qualified''; - and - (C) by adding at the end the following new - subparagraph: - ``(G) The explosive ordnance disposal commandant - (chief of explosive ordnance disposal) has ensured that - explosive ordnance disposal soldiers have the mobility - skills necessary to support special operations forces - (as identified in section 167(j) of title 10, United - States Code). Such skills include airborne, air - assault, combat diver, fast roping insertion and - extraction, helocasting, military free-fall, and off- - road driving.''. - -SEC. 599B. ANNUAL REPORT REGARDING COST OF LIVING FOR MEMBERS AND - EMPLOYEES OF THE DEPARTMENT OF DEFENSE. - - Section 136 of title 10, United States Code, is amended by adding -at the end the following new subsection: - ``(e) The Under Secretary of Defense for Personnel and Readiness -shall submit annually to the Committees on Armed Services of the Senate -and House of Representatives a report containing an analysis of the -costs of living, nationwide, for-- - ``(1) members of the Armed Forces on active duty; and - ``(2) employees of the Department of Defense.''. - -SEC. 599C. REPORT ON PRESERVATION OF THE FORCE AND FAMILY PROGRAM OF - UNITED STATES SPECIAL OPERATIONS COMMAND. - - (a) Report Required.--Not later than March 1, 2021, the Commander -of United States Special Operations Command shall submit to the -Committees on Armed Services of the Senate and House of Representatives -a report on the Preservation of the Force and Family Program of United -States Special Operations Command (in this section referred to as the -``Program''). - (b) Elements.--The report under this section shall include the -following: - (1) The current structure of professional staff employed by - the Program. - (2) A comparison of the current mission requirements and - the capabilities of existing personnel of the Program. - (3) An analysis of any emergent needs or skill sets of the - Program. - (4) A cost-benefit analysis of hiring, as specialists-- - (A) contractors; - (B) civilian personnel of the Department of - Defense; or - (C) members of the Armed Forces. - -SEC. 599D. GAO STUDY OF MEMBERS ABSENT WITHOUT LEAVE OR ON UNAUTHORIZED - ABSENCE. - - (a) Study; Report.--Not later than September 30, 2021, the -Comptroller General of the United States shall submit to the Committees -on Armed Services of the Senate and House of Representatives a report -containing the results of a study regarding how the Armed Forces handle -cases of members absent without leave or on unauthorized absence. - (b) Elements.--The study under this section shall include the -following: - (1) The procedures and guidelines established by each Armed - Force for the investigation of such a case. - (2) The guidelines for distinguishing between-- - (A) common cases; - (B) cases that may involve foul play or accident; - and - (C) cases wherein the member may be in danger. - (3) The current guidelines for cooperation and coordination - between military investigative agencies and-- - (A) local law enforcement agencies; and - (B) Federal law enforcement agencies. - (4) The current guidelines for use of traditional and - social media in conjunction with such cases. - (5) Military resources available for such cases and any - apparent shortfalls in such resources. - (6) How the procedures for such cases vary between Armed - Forces. - (7) How the procedures described in paragraph (6) vary from - procedures used by local and Federal law enforcement. - (8) Best practices for responding to and investigating such - cases. - (9) Any other matter the Comptroller General determines - appropriate. + Subtitle A--Pay and Allowances - TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS +Sec. 601. Increase in basic pay. +Sec. 602. Compensation and credit for retired pay purposes for maternity + leave taken by members of the reserve components. +Sec. 603. Provision of information regarding SCRA to members who receive + basic allowance for housing. +Sec. 604. Reorganization of certain allowances other than travel and + transportation allowances. +Sec. 605. Expansion of travel and transportation allowances to include + fares and tolls. +Sec. 606. One-time uniform allowance for officers who transfer to the + Space Force. - Subtitle A--Pay and Allowances + Subtitle B--Bonuses and Special Incentive Pays -SEC. 601. INCREASE IN BASIC PAY. +Sec. 611. One-year extension of certain expiring bonus and special pay + authorities. +Sec. 612. Increase in special and incentive pays for officers in health + professions. +Sec. 613. Increase in certain hazardous duty incentive pay for members + of the uniformed services. +Sec. 614. Payment of hazardous duty incentive pay for members of the + uniformed services. +Sec. 615. Clarification of 30 days of continuous duty on board a ship + required for family separation allowance for members of the + uniformed services. + + Subtitle C--Disability Pay, Retired Pay, and Family and Survivor + Benefits + +Sec. 621. Modernization and clarification of payment of certain Reserves + while on duty. +Sec. 622. Restatement and clarification of authority to reimburse + members for spouse relicensing costs pursuant to a permanent + change of station. +Sec. 623. Expansion of death gratuity for ROTC graduates. +Sec. 624. Expansion of assistance for Gold Star spouses and other + dependents. +Sec. 625. Gold Star Families Parks Pass. +Sec. 626. Recalculation of financial assistance for providers of child + care services and youth program services for dependents. +Sec. 627. Priority for certain military family housing to a member of + the Armed Forces whose spouse agrees to provide family home + day care services. +Sec. 628. Study on feasibility and advisability of TSP contributions by + military spouses. +Sec. 629. Report on implications of expansion of authority to provide + financial assistance to civilian providers of child care + services or youth program services for survivors of members of + the Armed Forces who die in the line of duty. +Sec. 629A. Report on extension of commissary and exchange benefits for + surviving remarried spouses with dependent children of members + of the Armed Forces who die while on active duty or certain + reserve duty. - Effective on January 1, 2021, the rates of monthly basic pay for -members of the uniformed services are increased by 3.0 percent. + Subtitle D--Defense Resale Matters -SEC. 602. BASIC NEEDS ALLOWANCE FOR LOW-INCOME REGULAR MEMBERS. - - (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 regular members - ``(a) Allowance Required.--(1) Subject to paragraph (2), the -Secretary of Defense shall pay to each covered member a basic needs -allowance in the amount determined for such member under subsection -(b). - ``(2) In the event a household contains two or more covered members -entitled to receive the allowance under this section in a given year, -only one allowance may be paid for that year to a covered member among -such covered members whom such covered members shall jointly elect. - ``(b) Amount of Allowance for a Covered Member.--(1) The amount of -the monthly allowance payable to a covered member under subsection (a) -for a year shall be the aggregate amount equal to-- - ``(A) the aggregate amount equal to-- - ``(i) 130 percent of the Federal poverty guidelines of the - Department of Health and Human Services for the location and - number of persons in the household of the covered member for - such year; minus - ``(ii) the gross household income of the covered member - during the preceding year; and - ``(B) divided by 12. - ``(2) The monthly allowance payable to a covered member for a year -shall be payable for each of the 12 months following March of such -year. - ``(c) Notice of Eligibility.--(1)(A) Not later than December 31 -each year, the Director of the Defense Finance and Accounting Service -shall notify, in writing, each individual whom the Director estimates -will be a covered member during the following year of the potential -entitlement of that individual to the allowance described in subsection -(a) for that following year. - ``(B) The preliminary notice under subparagraph (A) shall include -information regarding financial management and assistance programs -administered by the Secretary of Defense for which a covered member is -eligible. - ``(2) Not later than January 31 each year, each individual who -seeks 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 individual is a -covered member for such year. - ``(3) Not later than February 28 each year, the Director shall -notify, in writing, each individual the Director determines to be a -covered member for such year. - ``(d) Election Not To Receive Allowance.--(1) A covered member -otherwise entitled to receive the allowance under 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) A covered 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. - ``(e) Definitions.--In this section: - ``(1) The term `covered member' means a regular member of - an armed force under the jurisdiction of the Secretary of a - military department-- - ``(A) who has completed initial entry training; - ``(B) whose gross household income during the most - recent year did not exceed an amount equal to 130 - percent of the Federal poverty guidelines of the - Department of Health and Human Services for the - location and number of persons in the household of the - covered member for such year; and - ``(C) who does not elect under subsection (d) not - to receive the allowance for such year. - ``(2) The term `gross household income' of a covered member - for a year for purposes of paragraph (1)(B) does not include - any basic allowance for housing received by the covered member - (and any dependents of the covered member in the household of - the covered member) during such year under section 403 of this - title. - ``(f) Regulations.--The Secretary of Defense shall prescribe -regulations for the administration of this section. Subject to -subsection (e)(2), such regulations shall specify the income to be -included in, and excluded from, the gross household income of -individuals 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: +Sec. 631. Base responders essential needs and dining access. +Sec. 632. First responder access to mobile exchanges. +Sec. 633. Updated business case analysis for consolidation of the + defense resale system. + + Subtitle E--Other Personnel Rights and Benefits -``402b. Basic needs allowance for low-income regular members.''. +Sec. 641. Approval of certain activities by retired and reserve members + of the uniformed services. +Sec. 642. Permanent authority for and enhancement of the Government + lodging program. +Sec. 643. Operation of Stars and Stripes. -SEC. 603. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN TRAVEL AND - TRANSPORTATION ALLOWANCES. + Subtitle A--Pay and Allowances + SEC. 601. INCREASE IN BASIC PAY. + Effective on January 1, 2021, the rates of monthly basic pay for +members of the uniformed services are increased by 3.0 percent. + SEC. 602. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES FOR + MATERNITY LEAVE TAKEN BY MEMBERS OF THE RESERVE COMPONENTS. + (a) Compensation.--Section 206(a) of title 37, United States Code, +is amended-- + (1) in paragraph (2), by striking ``or'' at the end; + (2) in paragraph (3), by striking the period at the end and + inserting ``; or''; and + (3) by adding at the end the following new paragraph: + ``(4) for each of six days for each period during which the + member is on maternity leave.''. + (b) Credit for Retired Pay Purposes.-- + (1) In general.--The period of maternity leave taken by a + member of the reserve components of the Armed Forces in connection + with the birth of a child shall count toward the member's + entitlement to retired pay, and in connection with the years of + service used in computing retired pay, under chapter 1223 of title + 10, United States Code, as 12 points. + (2) Separate credit for each period of leave.--Separate + crediting of points shall accrue to a member pursuant to this + subsection for each period of maternity leave taken by the member + in connection with a childbirth event. + (3) When credited.--Points credited a member for a period of + maternity leave pursuant to this subsection shall be credited in + the year in which the period of maternity leave concerned + commences. + (4) Contribution of leave toward entitlement to retired pay.-- + Section 12732(a)(2) of title 10, United States Code, as amended by + section 516 of this Act, is further amended-- + (A) by inserting after subparagraph (F) the following new + subparagraph: + ``(G) Points at the rate of 12 per period during which the + member is on maternity leave.''; and + (B) in the matter following subparagraph (G), as inserted + by subparagraph (A), by striking ``and (F)'' and inserting + ``(F), and (G)''. + (5) Computation of years of service for retired pay.--Section + 12733 of such title is amended-- + (A) by redesignating paragraph (5) as paragraph (6); and + (B) by inserting after paragraph (4) the following new + paragraph (5): + ``(5) One day for each point credited to the person under + subparagraph (F) of section 12732(a)(2) of this title.''. + (c) Effective Date.--This section and the amendments made by this +section shall take effect on the date of the enactment of this Act, and +shall apply with respect to periods of maternity leave that commence on +or after that date. + SEC. 603. PROVISION OF INFORMATION REGARDING SCRA TO MEMBERS WHO + RECEIVE BASIC ALLOWANCE FOR HOUSING. + Section 403 of title 37, United States Code, is amended by adding +at the end the following: + ``(p) Information on Rights and Protections Under Servicemembers +Civil Relief Act.--The Secretary concerned shall provide to each member +of a uniformed service who receives a basic allowance for housing under +this section information on the rights and protections available to +such member under the Servicemembers Civil Relief Act (50 U.S.C. 3901 +et seq.)-- + ``(1) when such member first receives such basic allowance for + housing; and + ``(2) each time such member receives a permanent change of + station.''. + SEC. 604. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN TRAVEL + AND TRANSPORTATION ALLOWANCES. (a) Per Diem for Duty Outside the Continental United States.-- - (1) Transfer to chapter 7.--Section 475 of title 37, United - States Code, is transferred to chapter 7 of such title, - inserted after section 403b, and redesignated as section 405. - (2) Repeal of termination provision.--Section 405 of title - 37, United States Code, as added by paragraph (1), is amended - by striking subsection (f). + (1) Transfer to chapter 7.--Section 475 of title 37, United + States Code, is transferred to chapter 7 of such title, inserted + after section 403b, and redesignated as section 405. + (2) Repeal of termination provision.--Section 405 of title 37, + United States Code, as added by paragraph (1), is amended by + striking subsection (f). (b) Allowance for Funeral Honors Duty.-- - (1) Transfer to chapter 7.--Section 495 of title 37, United - States Code, is transferred to chapter 7 of such title, - inserted after section 433a, and redesignated as section 435. - (2) Repeal of termination provision.--Section 435 of title - 37, United States Code, as added by paragraph (1), is amended - by striking subsection (c). + (1) Transfer to chapter 7.--Section 495 of title 37, United + States Code, is transferred to chapter 7 of such title, inserted + after section 433a, and redesignated as section 435. + (2) Repeal of termination provision.--Section 435 of title 37, + United States Code, as added by paragraph (1), is amended by + striking subsection (c). (c) Clerical Amendments.-- - (1) Chapter 7.--The table of sections at the beginning of - chapter 7 of title 37, United States Code, is amended-- - (A) by inserting after the item relating to section - 403b the following new item: + (1) Chapter 7.--The table of sections at the beginning of + chapter 7 of title 37, United States Code, is amended-- + (A) by inserting after the item relating to section 403b + the following new item: ``405. Travel and transportation allowances: per diem while on duty - outside the continental United States.''; - and - (B) by inserting after the item relating to section - 433a the following new item: - -``435. Funeral honors duty: allowance.''. - (2) Chapter 8.--The table of sections at the beginning of - chapter 8 of title 37, United States Code, is amended by - striking the items relating to sections 475 and 495. - -SEC. 604. SINGLE MILITARY HOUSING AREA FOR EACH MUNICIPALITY WITH A - POPULATION GREATER THAN 500,000. + outside the continental United States.''; and - Section 403(b)(2) of title 37, United States Code is amended-- - (1) in the first sentence, by inserting ``(A)'' before - ``The Secretary''; and - (2) by adding at the end the following: - ``(B) No municipality with a population greater than 500,000 may be -covered by more than one military housing area.''. + (B) by inserting after the item relating to section 433a + the following new item: -SEC. 605. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO INCLUDE - FARES AND TOLLS. +``435. Funeral honors duty: allowance.''. + (2) Chapter 8.--The table of sections at the beginning of + chapter 8 of title 37, United States Code, is amended by striking + the items relating to sections 475 and 495. + SEC. 605. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO + INCLUDE FARES AND TOLLS. Section 452(c)(1) of title 37, United States Code, is amended by inserting ``(including fares and tolls, without regard to distance travelled)'' after ``transportation''. - -SEC. 606. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES FOR - MATERNITY LEAVE TAKEN BY MEMBERS OF THE RESERVE - COMPONENTS. - - (a) Compensation.--Section 206(a) of title 37, United States Code, -is amended-- - (1) in paragraph (2), by striking ``or'' at the end; - (2) in paragraph (3), by striking the period at the end and - inserting ``; or''; and - (3) by adding at the end the following new paragraph: - ``(4) for each of 6 days for each period during which the - member is on maternity leave.''. - (b) Credit for Retired Pay Purposes.-- - (1) In general.--The period of maternity leave taken by a - member of the reserve components of the Armed Forces in - connection with the birth of a child shall count toward the - member's entitlement to retired pay, and in connection with the - years of service used in computing retired pay, under chapter - 1223 of title 10, United States Code, as 12 points. - (2) Separate credit for each period of leave.--Separate - crediting of points shall accrue to a member pursuant to this - subsection for each period of maternity leave taken by the - member in connection with a childbirth event. - (3) When credited.--Points credited a member for a period - of maternity leave pursuant to this subsection shall be - credited in the year in which the period of maternity leave - concerned commences. - (4) Contribution of leave toward entitlement to retired - pay.--Section 12732(a)(2) of title 10, United States Code, is - amended by inserting after subparagraph (E) the following new - subparagraph: - ``(F) Points at the rate of 12 per period during - which the member is on maternity leave.''. - (5) Computation of years of service for retired pay.-- - Section 12733 of such title is amended-- - (A) by redesignating paragraph (5) as paragraph - (6); and - (B) by inserting after paragraph (4) the following - new paragraph (5): - ``(5) One day for each point credited to the person under - subparagraph (F) of section 12732(a)(2) of this title.''. - (c) Effective Date.--This section and the amendments made by this -section shall take effect on the date of the enactment of this Act, and -shall apply with respect to periods of maternity leave that commence on -or after that date. + SEC. 606. ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO TRANSFER TO + THE SPACE FORCE. + (a) In General.--The Secretary of the Air Force may provide an +officer who transfers from the Army, Navy, Air Force, or Marine Corps +to the Space Force an allowance of not more than $400 as reimbursement +for the purchase of required uniforms and equipment. + (b) Relationship to Other Allowances.--The allowance under this +section is in addition to any allowance available under any other +provision of law. + (c) Source of Funds.--Funds for allowances provided under +subsection (a) in a fiscal year may be derived only from amounts +authorized to be appropriated for military personnel of the Space Force +for such fiscal year. + (d) Applicability.--The authority for an allowance under this +section shall apply with respect to any officer described in subsection +(a) who transfers to the Space Force-- + (1) during the period beginning on December 20, 2019, and + ending on September 30, 2022; and + (2) on or after the date the Secretary of the Air Force + prescribes the official uniform for the Space Force. Subtitle B--Bonuses and Special Incentive Pays -SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY - AUTHORITIES. - + SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL + PAY AUTHORITIES. (a) Authorities Relating to Reserve Forces.--Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent @@ -15335,11 +16258,10 @@ mobilization for active duty service, is amended by striking ``December (b) Title 10 Authorities Relating to Health Care Professionals.-- The following sections of title 10, United States Code, are amended by striking ``December 31, 2020'' and inserting ``December 31, 2021'': - (1) Section 2130a(a)(1), relating to nurse officer - candidate accession program. - (2) Section 16302(d), relating to repayment of education - loans for certain health professionals who serve in the - Selected Reserve. + (1) Section 2130a(a)(1), relating to nurse officer candidate + accession program. + (2) Section 16302(d), relating to repayment of education loans + for certain health professionals who serve in the Selected Reserve. (c) Authorities Relating to Nuclear Officers.--Section 333(i) of title 37, United States Code, is amended by striking ``December 31, 2020'' and inserting ``December 31, 2021''. @@ -15347,107 +16269,267 @@ title 37, United States Code, is amended by striking ``December 31, Incentive Pay, and Bonus Authorities.--The following sections of title 37, United States Code, are amended by striking ``December 31, 2020'' and inserting ``December 31, 2021'': - (1) Section 331(h), relating to general bonus authority for - enlisted members. - (2) Section 332(g), relating to general bonus authority for - officers. - (3) Section 334(i), relating to special aviation incentive - pay and bonus authorities for officers. - (4) Section 335(k), relating to special bonus and incentive - pay authorities for officers in health professions. - (5) Section 336(g), relating to contracting bonus for - cadets and midshipmen enrolled in the Senior Reserve Officers' - Training Corps. - (6) Section 351(h), relating to hazardous duty pay. - (7) Section 352(g), relating to assignment pay or special - duty pay. - (8) Section 353(i), relating to skill incentive pay or - proficiency bonus. - (9) Section 355(h), relating to retention incentives for - members qualified in critical military skills or assigned to - high priority units. + (1) Section 331(h), relating to general bonus authority for + enlisted members. + (2) Section 332(g), relating to general bonus authority for + officers. + (3) Section 334(i), relating to special aviation incentive pay + and bonus authorities for officers. + (4) Section 335(k), relating to special bonus and incentive pay + authorities for officers in health professions. + (5) Section 336(g), relating to contracting bonus for cadets + and midshipmen enrolled in the Senior Reserve Officers' Training + Corps. + (6) Section 351(h), relating to hazardous duty pay. + (7) Section 352(g), relating to assignment pay or special duty + pay. + (8) Section 353(i), relating to skill incentive pay or + proficiency bonus. + (9) Section 355(h), relating to retention incentives for + members qualified in critical military skills or assigned to high + priority units. (e) Authority To Provide Temporary Increase in Rates of Basic Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States Code, is amended by striking ``December 31, 2020'' and inserting ``December 31, 2021''. - -SEC. 612. INCREASE IN CERTAIN HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS - OF THE UNIFORMED SERVICES. - + SEC. 612. INCREASE IN SPECIAL AND INCENTIVE PAYS FOR OFFICERS IN + HEALTH PROFESSIONS. + (a) Accession Bonus Generally.--Subparagraph (A) of section +335(e)(1) of title 37, United States Code, is amended by striking +``$30,000'' and inserting ``$100,000''. + (b) Accession Bonus for Critically Short Wartime Specialties.-- +Subparagraph (B) of such section is amended by striking ``$100,000'' +and inserting ``$200,000''. + (c) Retention Bonus.--Subparagraph (C) of such section is amended +by striking ``$75,000'' and inserting ``$150,000''. + (d) Incentive Pay.--Subparagraph (D) of such section is amended-- + (1) in clause (i), by striking ``$100,000'' and inserting + ``$200,000''; and + (2) in clause (ii), by striking ``$15,000'' and inserting + ``$50,000''. + (e) Board Certification Pay.--Subparagraph (E) of such section is +amended by striking ``$6,000'' and inserting ``$15,000''. + (f) Effective Date.--The amendments made by this section shall +apply with respect to special bonus and incentive pays payable under +section 335 of title 37, United States Code, pursuant to agreements +entered into under that section on or after the date of the enactment +of this Act. + SEC. 613. INCREASE IN CERTAIN HAZARDOUS DUTY INCENTIVE PAY FOR + MEMBERS OF THE UNIFORMED SERVICES. Section 351(b) of title 37, United States Code, is amended by striking ``$250'' both places it appears and inserting ``$275''. - -SEC. 613. STANDARDIZATION OF PAYMENT OF HAZARDOUS DUTY INCENTIVE PAY - FOR MEMBERS OF THE UNIFORMED SERVICES. - - (a) In General.--Section 351(c) of title 37, United States Code, is -amended to read as follows: - ``(c) Payment.--Hazardous duty pay shall be paid on a monthly -basis.''. - (b) Effective Date.--The amendments made by this section shall take -effect on October 1, 2020, and shall apply with respect to duty -performed in any month beginning on or after that date. - -SEC. 614. CLARIFICATION OF 30 DAYS OF CONTINUOUS DUTY ON BOARD A SHIP - REQUIRED FOR FAMILY SEPARATION ALLOWANCE FOR MEMBERS OF - THE UNIFORMED SERVICES. - + SEC. 614. PAYMENT OF HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS OF + THE UNIFORMED SERVICES. + Section 351 of title 37, United States Code, is amended-- + (1) in subsection (c)(2)-- + (A) in subparagraph (A)(i), by striking ``shall'' and + inserting ``may''; + (B) in subparagraph (B)-- + (i) by striking ``paragraph (2) or (3)'' and inserting + ``paragraph (2)''; + (ii) by striking ``the Secretary concerned may + prorate'' and all that follows and inserting ``the + Secretary concerned--''; and + (C) by adding at the end the following: + ``(i) may prorate the payment amount to reflect the + duration of the member's actual qualifying service during + the month; and + ``(ii) in the case of member who performs hazardous + duty specifically designated by the Secretary concerned, + shall pay the member hazardous duty pay in an amount not to + exceed the maximum amount of hazardous duty pay that would + be payable to the member under subsection (b)(2) for the + entire month, regardless of the duration of the qualifying + service. + ``(C) In the case of hazardous duty pay payable under + paragraph (3) of subsection (a), the Secretary concerned may + prorate the payment amount to reflect the duration of the + member's actual qualifying service during the month.''; and + (2) in subsection (h), by striking ``December 31, 2020'' and + inserting ``December 31, 2021''. + SEC. 615. CLARIFICATION OF 30 DAYS OF CONTINUOUS DUTY ON BOARD A + SHIP REQUIRED FOR FAMILY SEPARATION ALLOWANCE FOR MEMBERS OF THE + UNIFORMED SERVICES. Section 427(a)(1)(B) of title 37, United States Code, is amended by inserting ``(or under orders to remain on board the ship while at the home port)'' after ``of the ship''. -SEC. 615. EXPANSION OF REIMBURSABLE STATE LICENSURE AND CERTIFICATION - COSTS FOR A MILITARY SPOUSE ARISING FROM RELOCATION. - - Section 476(p)(5) of title 37, United States Code, is amended in -the matter preceding subparagraph (A), by striking ``and'' and -inserting ``fees, continuing education courses, and''. - - Subtitle C--Family and Survivor Benefits - -SEC. 621. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO - CIVILIAN PROVIDERS OF CHILD CARE SERVICES OR YOUTH - PROGRAM SERVICES FOR SURVIVORS OF MEMBERS OF THE ARMED - FORCES WHO DIE IN THE LINE OF DUTY. - - Section 1798(a) of title 10, United States Code, is amended by -striking ``in combat-related incidents''. - -SEC. 622. EXPANSION OF DEATH GRATUITY FOR ROTC GRADUATES. + Subtitle C--Disability Pay, Retired Pay, and Family and Survivor + Benefits + SEC. 621. MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN + RESERVES WHILE ON DUTY. + (a) Change in Priority of Payments for Retired or Retainer Pay.-- +Subsection (a) of section 12316 of title 10, United States Code, is +amended-- + (1) in the matter preceding paragraph (1)-- + (A) by striking ``subsection (b)'' and inserting + ``subsection (c)''; and + (B) by striking ``his earlier military service'' and + inserting ``the Reserve's earlier military service''; + (C) by striking ``a pension, retired or retainer pay, or + disability compensation'' and inserting ``retired or retainer + pay''; and + (D) by striking ``he is entitled'' and inserting ``the + Reserve is entitled''; and + (2) by striking paragraphs (1) and (2) and inserting the + following new paragraphs: + ``(1) the pay and allowances authorized by law for the duty + that the Reserve is performing; or + ``(2) if the Reserve specifically waives those payments, the + retired or retainer pay to which the Reserve is entitled because of + the Reserve's earlier military service.''. + (b) Payments for Pension or Disability Compensation.--Such section +is further amended-- + (1) by redesignating subsection (b) as subsection (c); and + (2) by inserting after subsection (a) the following new + subsection (b): + ``(b) Except as provided by subsection (c), a Reserve of the Army, +Navy, Air Force, Marine Corps, or Coast Guard who because of the +Reserve's earlier military service is entitled to a pension or +disability compensation, and who performs duty for which the Reserve is +entitled to compensation, may elect to receive for that duty either-- + ``(1) the pension or disability compensation to which the + Reserve is entitled because of the Reserve's earlier military + service; or + ``(2) if the Reserve specifically waives those payments, the + pay and allowances authorized by law for the duty that the Reserve + is performing.''. + (c) Additional Conforming and Modernizing Amendments.--Subsection +(c) of such section, as redesignated by subsection (b)(1) of this +section, is amended-- + (1) by striking ``(a)(2)'' both places it appears and inserting + ``(a)(1) or (b)(2), as applicable,''; + (2) by striking ``his earlier military service'' the first + place it appears and inserting ``a Reserve's earlier military + service''; + (3) by striking ``his earlier military service'' each other + place it appears and inserting ``the Reserve's earlier military + service''; + (4) by striking ``he is entitled'' and inserting ``the Reserve + is entitled''; and + (5) by striking ``the member or his dependents'' and inserting + ``the Reserve or the Reserve's dependents''. + (d) Procedures.--Such section is further amended by adding at the +end the following new subsection: + ``(d) The Secretary of Defense shall prescribe regulations under +which a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast +Guard may waive the pay and allowances authorized by law for the duty +the Reserve is performing under subsection (a)(2) or (b)(2).''. + (e) Effective Date.--The amendments made by this section shall take +effect 180 days after the date of the enactment of this Act. + SEC. 622. RESTATEMENT AND CLARIFICATION OF AUTHORITY TO REIMBURSE + MEMBERS FOR SPOUSE RELICENSING COSTS PURSUANT TO A PERMANENT + CHANGE OF STATION. + (a) In General.--Section 453 of title 37, United States Code, is +amended by adding at the end the following new subsection: + ``(g) Reimbursement of Qualifying Spouse Relicensing Costs Incident +to a Member's Permanent Change of Station or Assignment.--(1) From +amounts otherwise made available for a fiscal year to provide travel +and transportation allowances under this chapter, the Secretary +concerned may reimburse a member of the uniformed services for +qualified relicensing costs of the spouse of the member when-- + ``(A) the member is reassigned, either as a permanent change of + station or permanent change of assignment, between duty stations + located in separate jurisdictions with unique licensing or + certification requirements and authorities; and + ``(B) the movement of the member's dependents is authorized at + the expense of the United States under this section as part of the + reassignment. + ``(2) Reimbursement provided to a member under this subsection may +not exceed $1000 in connection with each reassignment described in +paragraph (1). + ``(3) No reimbursement may be provided under this subsection for +qualified relicensing costs paid or incurred after December 31, 2024. + ``(4) In this subsection, the term `qualified relicensing costs' +means costs, including exam, continuing education courses, and +registration fees, incurred by the spouse of a member if-- + ``(A) the spouse was licensed or certified in a profession + during the member's previous duty assignment and requires a new + license or certification to engage in that profession in a new + jurisdiction because of movement described in paragraph (1)(B) in + connection with the member's change in duty location pursuant to + reassignment described in paragraph (1)(A); and + ``(B) the costs were incurred or paid to secure or maintain the + license or certification from the new jurisdiction in connection + with such reassignment.''. + (b) Repeal of Superseded Authority.--Section 476 of such title is +amended by striking subsection (p). + SEC. 623. EXPANSION OF DEATH GRATUITY FOR ROTC GRADUATES. Section 623(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended by striking ``the date of the enactment of this Act'' and inserting ``May 1, 2017''. - -SEC. 623. RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF CHILD - CARE SERVICES AND YOUTH PROGRAM SERVICES FOR DEPENDENTS. - + SEC. 624. EXPANSION OF ASSISTANCE FOR GOLD STAR SPOUSES AND OTHER + DEPENDENTS. + Section 633(a) of the National Defense Authorization Act for Fiscal +Year 2014 (10 U.S.C. 1475 note) is amended-- + (1) by redesignating paragraphs (1) through (4) as + subparagraphs (A) through (D), respectively; + (2) by inserting ``(1)'' before ``Each Secretary''; + (3) in the matter preceding paragraph (1), by inserting ``a + casualty assistance officer who is'' after ``jurisdiction of such + Secretary''; + (4) by striking ``spouses and other dependents of members'' and + all that follows through ``services:'' and inserting an em dash; + and + (5) by inserting before subparagraph (A), as redesignated, the + following: + ``(A) a spouse and any other dependent of a member of such + Armed Force (including the reserve components thereof) who dies on + active duty; and + ``(B) a dependent described in subparagraph (A) if the spouse + of the deceased member dies and the dependent (or the guardian of + such dependent) requests such assistance. + ``(2) Casualty assistance officers described in paragraph (1) shall +provide to spouses and dependents described in that paragraph the +following services:''. + SEC. 625. GOLD STAR FAMILIES PARKS PASS. + (a) In General.--Section 805(b) of the Federal Lands Recreation +Enhancement Act (16 U.S.C. 6804(b)) is amended by adding at the end the +following: + ``(3) Gold star families parks pass.--The Secretary shall make + the National Parks and Federal Recreational Lands Pass available, + at no cost, to members of Gold Star Families who meet the + eligibility requirements of section 3.2 of Department of Defense + Instruction 1348.36 (or a successor instruction).''. + (b) Technical and Conforming Amendments.--Section 805 of the +Federal Lands Recreation Enhancement Act (16 U.S.C. 6804) is amended-- + (1) in subsection (a)(7), in the first sentence, by striking + ``age and disability''; and + (2) in subsection (b)-- + (A) in paragraph (1)(A), in the second sentence, in the + matter preceding clause (i), by striking ``this subsection'' + and inserting ``this paragraph''; and + (B) in paragraph (2), in the second sentence, by striking + ``this subsection'' and inserting ``this paragraph''. + SEC. 626. RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF + CHILD CARE SERVICES AND YOUTH PROGRAM SERVICES FOR DEPENDENTS. (a) In General.--Not later than July 1, 2021, the Secretary of -Defense shall develop a method by which to determine appropriate -amounts of financial assistance under section 1798 of title 10, United -States Code. In such development, the Secretary shall take into -consideration the following: - (1) Grades of members of the Armed Forces. - (2) The cost of living in an applicable locale. - (3) Whether a military installation has a military child - development center, including any wait list length. - (4) Whether a military child development center has vacant - child care employee positions. - (5) The capacity of licensed civilian child care providers - in an applicable locale. - (6) The average cost of licensed civilian child care - services available in an applicable locale. +Defense shall develop a method by which to determine and implement +appropriate amounts of financial assistance under section 1798 of title +10, United States Code. In such development, the Secretary shall take +into consideration the following: + (1) Grades of members of the Armed Forces. + (2) The cost of living in an applicable locale. + (3) Whether a military installation has a military child + development center, including any wait list length. + (4) Whether a military child development center has vacant + child care employee positions. + (5) The capacity of licensed civilian child care providers in + an applicable locale. + (6) The average cost of licensed civilian child care services + available in an applicable locale. + (7) The sufficiency of the stipend furnished by the Secretary + to members of the Armed Forces for civilian child care. (b) Report.--Not later than August 1, 2021, the Secretary shall submit a report the Committees on Armed Services of the Senate and the House of Representatives on the method developed under this section. (c) Definitions.--In this section, the terms ``child care employee'' and ``military child development center'' have the meanings given those terms in section 1800 of title 10, United States Code. - -SEC. 624. PRIORITY FOR CERTAIN MILITARY FAMILY HOUSING TO A MEMBER OF - THE ARMED FORCES WHOSE SPOUSE AGREES TO PROVIDE FAMILY - HOME DAY CARE SERVICES. - + SEC. 627. PRIORITY FOR CERTAIN MILITARY FAMILY HOUSING TO A MEMBER + OF THE ARMED FORCES WHOSE SPOUSE AGREES TO PROVIDE FAMILY HOME + DAY CARE SERVICES. (a) Priority.--If the Secretary of a military department determines that not enough child care employees are employed at a military child development center on a military installation under the jurisdiction of @@ -15474,188 +16556,142 @@ subsection (e)(3) or has ceased to be an eligible military spouse. Such removal may not occur sooner than 60 days after the date of such determination. (e) Definitions.--In this section: - (1) The terms ``child care employee'', ``family home day - care'', and ``military child development center'' have the - meanings given those terms in section 1800 of title 10, United - States Code. - (2) The term ``covered military family housing'' means - military family housing-- - (A) located on a military installation described in - subsection (a); and - (B) that the Secretary of the military department - concerned determines is large enough to provide family - home day care services to no fewer than six children - (not including children in the household of the - eligible military spouse). - (3) The term ``eligible military spouse'' means a military - spouse who-- - (A) is eligible for military family housing; - (B) is eligible to provide family home day care - services; - (C) has provided family home day care services for - at least 1 year; and - (D) agrees in writing to provide family home day - care services in covered military family housing for a - period determined by the Secretary of the military - department concerned. - -SEC. 625. STUDY ON FEASIBILITY OF TSP CONTRIBUTIONS BY MILITARY - SPOUSES. - + (1) The terms ``child care employee'', ``family home day + care'', and ``military child development center'' have the meanings + given those terms in section 1800 of title 10, United States Code. + (2) The term ``covered military family housing'' means military + family housing-- + (A) located on a military installation described in + subsection (a); and + (B) that the Secretary of the military department concerned + determines is large enough to provide family home day care + services to no fewer than six children (not including children + in the household of the eligible military spouse). + (3) The term ``eligible military spouse'' means a military + spouse who-- + (A) is eligible for military family housing; + (B) is eligible to provide family home day care services; + (C) has provided family home day care services for at least + one year; and + (D) agrees in writing to provide family home day care + services in covered military family housing for a period not + shorter than one year. + SEC. 628. STUDY ON FEASIBILITY AND ADVISABILITY OF TSP + CONTRIBUTIONS BY MILITARY SPOUSES. (a) Study Required.--The Secretary of Defense shall conduct a study -on potential enhancements to the military Thrift Savings Plan -administered by the Federal Retirement Thrift Investment Board. +on the feasibility and advisability of potential enhancements to the +military Thrift Savings Plan administered by the Federal Retirement +Thrift Investment Board. (b) Elements.--The study under subsection (a) shall include the following: - (1) An evaluation of the effect of allowing military - spouses to contribute or make eligible retirement account - transfers to the military Thrift Savings Plan account of the - member of the Armed Forces to whom that military spouse in - married. - (2) Legislation the Secretary determines necessary to - permit contributions and transfers described in paragraph (1). - (3) An evaluation of whether and to what extent employer- - funded matching of contributions described in paragraph (1) may - encourage further participation in the military Thrift Savings - Plan. + (1) An evaluation of the effect of allowing military spouses to + contribute or make eligible retirement account transfers to the + military Thrift Savings Plan account of the member of the Armed + Forces to whom that military spouse in married. + (2) Legislation the Secretary determines necessary to permit + contributions and transfers described in paragraph (1). (c) Reporting.-- - (1) Initial report.--Not later than February 1, 2021, the - Secretary of Defense shall submit to the Federal Retirement - Thrift Investment Board a report on the results of the study - under subsection (a). - (2) Analysis.--Not later than 60 days after receiving the - report under paragraph (1), the Federal Thrift Savings - Retirement Board shall analyze the report under paragraph (1), - generate recommendations and comments it determines - appropriate, and submit such analysis, recommendations, and - comments to the Secretary. - (3) Final report.--Not later than April 1, 2021, the - Secretary shall submit to the Committees on Armed Services of - the Senate and House of Representatives the report under - paragraph (1) and the analysis, recommendations, and comments - under paragraph (2). - -SEC. 626. GOLD STAR FAMILIES PARKS PASS. - - (a) Short Title.--This section may be referred to as the ``Gold -Star Families Parks Pass Act''. - (b) Gold Star Families Parks Pass.--Section 805(b) of division J of -the Consolidated Appropriations Act, 2005 (16 U.S.C. 6804(b); 118 Stat. -3386), is amended by adding at the end the following new paragraph: - ``(3) Gold star families parks pass.--The Secretary shall - make the National Parks and Federal Recreational Lands Pass - available, at no cost, to members of Gold Star Families, as - defined by section 3.2 of Department of Defense Instruction - 1348.36.''. - -SEC. 627. MODIFICATION TO FIRST DIVISION MONUMENT. - - (a) Short Title.--This section may be cited as the ``First Infantry -Recognition of Sacrifice in Theater Act'' or the ``FIRST Act''. - (b) Authorization.--The Society of the First Infantry Division (an -organization described in section 501(c)(3) of the Internal Revenue -Code of 1986 and exempt from taxation under section 501(a) of that -code), may make modifications (including construction of additional -plaques and stone plinths on which to put the plaques) to the First -Division Monument located on Federal land in President's Park in the -District of Columbia that was set aside for memorial purposes of the -First Infantry Division, in order to honor the members of the First -Infantry Division who paid the ultimate sacrifice during United States -operations, including Operation Desert Storm, Operation Iraqi Freedom -and New Dawn, and Operation Enduring Freedom. The First Infantry -Division at the Department of the Army shall collaborate with the -Department of Defense to provide to the Society of the First Infantry -Division the list of names to be added. - (c) Non-Application of Commemorative Works Act.--Subsection (b) of -section 8903 of title 40, United States Code (commonly known as the -``Commemorative Works Act''), shall not apply to actions taken under -subsection (b) of this section. - (d) Funding.--Federal funds may not be used to pay any expense of -the activities of the Society of the First Infantry Division which are -authorized by this section. - -SEC. 628. CHERYL LANKFORD MEMORIAL EXPANSION OF ASSISTANCE FOR GOLD - STAR SPOUSES AND OTHER DEPENDENTS. - - Section 633(a) of the National Defense Authorization Act for Fiscal -Year 2014 (10 U.S.C. 1475 note) is amended-- - (1) by redesignating paragraphs (1) through (4) as - subparagraphs (A) through (D), respectively; - (2) by inserting ``(1)'' before ``Each Secretary''; - (3) in the matter preceding paragraph (1), by inserting ``a - casualty assistance officer who is'' after ``jurisdiction of - such Secretary''; - (4) by striking ``spouses and other dependents of members'' - and all that follows through ``services:'' and inserting an em - dash; and - (5) by inserting before subparagraph (A), as redesignated, - the following: - ``(A) a spouse and any other dependent of a member of such - Armed Force (including the reserve components thereof) who dies - on active duty; and - ``(B) a dependent described in subparagraph (A) if the - spouse of the deceased member dies and the dependent (or the - guardian of such dependent) requests such assistance. - ``(2) Casualty assistance officers described in paragraph (1) shall -provide to spouses and dependents described in that paragraph the -following services:''. - -SEC. 629. EXTENSION OF COMMISSARY AND EXCHANGE BENEFITS FOR SURVIVING - REMARRIED SPOUSES WITH DEPENDENT CHILDREN OF A MEMBER OF - THE ARMED FORCES WHO DIES WHILE ON ACTIVE DUTY OR CERTAIN - RESERVE DUTY. - - (a) Procedures for Access of Surviving Remarried Spouses -Required.--The Secretary of Defense, acting jointly with the Secretary -of Homeland Security, shall establish procedures by which an eligible -remarried spouse may obtain unescorted access, as appropriate, to -military installations in order to use commissary stores and MWR retail -facilities to the same extent and on the same basis as an unremarried -surviving spouse of a member of the uniformed services is entitled to -by law or policy. - (b) Considerations.-- Any procedures established under this section -shall-- - (1) be applied consistently across the Department of - Defense and the Department of Homeland Security, including all - components of the Departments; - (2) minimize any administrative burden on surviving - remarried spouse or dependent child, including through the - elimination of any requirement for a remarried spouse to apply - as a personal agent for continued access to military - installations in accompaniment of a dependent child; - (3) take into account measures required to ensure the - security of military installations, including purpose and - eligibility for access and renewal periodicity; and - (4) take into account such other factors as the Secretary - of Defense or the Secretary of Homeland Security considers - appropriate. - (c) Deadline.--The procedures required by subsection (a) shall be -established by the date that is not later than 1 year after the date of -the enactment of this section. - (d) Definitions.--In this section-- - (1) the term ``eligible remarried spouse'' means an - individual who is a surviving former spouse of a covered member - of the Armed Forces, who has remarried after the death of the - covered member of the Armed Forces and has guardianship of - dependent children of the deceased member; - (2) the term ``covered member of the Armed Forces'' means a - member of the Armed Forces who dies while serving-- - (A) on active duty; or - (B) on such reserve duty as the Secretary of - Defense and the Secretary of Homeland Security may - jointly specify for purposes of this section. + (1) Initial report.--Not later than February 1, 2021, the + Secretary of Defense shall submit to the Committee on Homeland + Security & Governmental Affairs of the Senate, the Committee on + Oversight and Reform of the House of Representatives, and the + Federal Retirement Thrift Investment Board, a report on the results + of the study under subsection (a). + (2) Analysis.--Not later than 60 days after receiving the + report under paragraph (1), the Federal Thrift Savings Retirement + Board shall analyze the report under paragraph (1), generate + recommendations and comments it determines appropriate, and submit + such analysis, recommendations, and comments to the Secretary. + (3) Final report.--Not later than April 1, 2021, the Secretary + shall submit to the Committees on Armed Services of the Senate and + House of Representatives-- + (A) the report under paragraph (1); + (B) the analysis, recommendations, and comments under + paragraph (2); and + (C) the recommendations of the Secretary regarding elements + described in subsection (b). + SEC. 629. REPORT ON IMPLICATIONS OF EXPANSION OF AUTHORITY TO + PROVIDE FINANCIAL ASSISTANCE TO CIVILIAN PROVIDERS OF CHILD CARE + SERVICES OR YOUTH PROGRAM SERVICES FOR SURVIVORS OF MEMBERS OF + THE ARMED FORCES WHO DIE IN THE LINE OF DUTY. + (a) Report Required.--Not later than one year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committees on Armed Services of the Senate and +House of Representatives a report on the implications of expansion of +the authority under section 1798 of title 10, United States Code, to +provide financial assistance to civilian providers of child care +services or youth program services for survivors of members of the +Armed Forces who die in the line of duty, without regard to whether +such deaths occurred in combat-related incidents. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) An analysis of data during the five years preceding the + date of the report that regarding the number of-- + (A) members of the Armed Forces who died in the line of + duty; and + (B) dependents of such members who would be eligible for + services described in subsection (a). + (2) The estimated cost of the expansion described in subsection + (a). + (3) An assessment of how such expansion would affect the + availability of such services for children of members of the Armed + Forces on active duty, particularly in areas where demand for such + services by such members is greatest. + (4) An assessment of existing programs of the Department of + Defense that provide financial assistance described in subsection + (a). + (5) Recommendations for legislative or administrative action to + expand the provision of services described in subsection (a). +SEC. 629A. REPORT ON EXTENSION OF COMMISSARY AND EXCHANGE BENEFITS FOR +SURVIVING REMARRIED SPOUSES WITH DEPENDENT CHILDREN OF MEMBERS OF THE +ARMED FORCES WHO DIE WHILE ON ACTIVE DUTY OR CERTAIN RESERVE DUTY. + (a) Report Required.--The Secretary of Defense, in consultation +with the Secretary of Homeland Security, shall submit to the Committees +on Armed Services of the Senate and the House of Representatives a +report on procedures of the Department of Defense by which an eligible +remarried spouse may obtain access, as appropriate, to a military +installation in order to use a commissary store or MWR retail facility. + (b) Elements.-- The report under this section shall include the +following: + (1) Procedures by which an eligible remarried spouse may obtain + a personal agent designation. + (2) Administrative requirements for an eligible remarried + spouse to obtain access described in subsection (a). + (3) An assessment of the consistency of procedures described in + subsection (a) across-- + (A) the Armed Forces; and + (B) installations of the Department of Defense. + (4) Security considerations arising from granting access + described in subsection (a). + (5) Other matters the Secretary of Defense determines + appropriate. + (c) Deadline.--The Secretary shall submit the report under this +section not later than March 1, 2021. + (d) Definitions.--In this section: + (1) The term ``eligible remarried spouse'' means an individual + who is a surviving former spouse of a covered member of the Armed + Forces, who has remarried after the death of the covered member of + the Armed Forces and has guardianship of dependent children of the + deceased member; + (2) The term ``covered member of the Armed Forces'' means a + member of the Armed Forces who dies while serving-- + (A) on active duty; or + (B) on such reserve duty as the Secretary of Defense and + the Secretary of Homeland Security may jointly specify for + purposes of this section. + (3) The term ``MWR retail facility'' has the meaning given that + term in section 1063 of title 10, United States Code. Subtitle D--Defense Resale Matters -SEC. 631. BASE RESPONDERS ESSENTIAL NEEDS AND DINING ACCESS. - + SEC. 631. BASE RESPONDERS ESSENTIAL NEEDS AND DINING ACCESS. (a) In General.--Chapter 54 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1066. Use of commissary stores and MWR facilities: protective - services civilian employees + services civilian employees ``(a) Eligibility of Protective Services Civilian Employees.--An individual employed as a protective services civilian employee at a -military installation shall be permitted to purchase food and hygiene +military installation may be permitted to purchase food and hygiene items at a commissary store or MWR retail facility located on that military installation. ``(b) User Fee Authority.--(1) The Secretary of Defense shall @@ -15673,53 +16709,49 @@ user fee under this subsection in the General Fund of the Treasury. ``(4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title. ``(c) Definitions.--In this section: - ``(1) The term `MWR retail facility' has the meaning given - that term in section 1063 of this title. - ``(2) The term `protective services civilian employee' - means a position in any of the following series (or successor - classifications) of the General Schedule: - ``(A) Security Administration (GS-0080). - ``(B) Fire Protection and Prevention (GS-0081). - ``(C) Police (GS-0083). - ``(D) Security Guard (GS-0085). - ``(E) Emergency Management (GS-0089).''. + ``(1) The term `MWR retail facility' has the meaning given that + term in section 1063 of this title. + ``(2) The term `protective services civilian employee' means a + position in any of the following series (or successor + classifications) of the General Schedule: + ``(A) Security Administration (GS-0080). + ``(B) Fire Protection and Prevention (GS-0081). + ``(C) Police (GS-0083). + ``(D) Security Guard (GS-0085). + ``(E) Emergency Management (GS-0089).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by adding at the end the following new item: -``1066. Use of commissary stores and MWR facilities: protective - services civilian employees.''. - -SEC. 632. FIRST RESPONDER ACCESS TO MOBILE EXCHANGES. - +``1066. Use of commissary stores and MWR facilities: protective services + civilian employees.''. + SEC. 632. FIRST RESPONDER ACCESS TO MOBILE EXCHANGES. Section 1146 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Emergency Response Providers During a Declared Major Disaster -or Emergency.--The Secretary of Defense shall prescribe regulations to +or Emergency.--The Secretary of Defense may prescribe regulations to allow an emergency response provider (as that term is defined in section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101)) to use a mobile commissary or exchange store deployed to an area covered by a declaration of a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).''. - -SEC. 633. UPDATED BUSINESS CASE ANALYSIS FOR CONSOLIDATION OF THE - DEFENSE RESALE SYSTEM. - + SEC. 633. UPDATED BUSINESS CASE ANALYSIS FOR CONSOLIDATION OF THE + DEFENSE RESALE SYSTEM. (a) In General.--Not later than March 1, 2021, the Chief Management Officer of the Department of Defense, in coordination with the Undersecretary of Defense for Personnel and Readiness, shall update the study titled ``Study to Determine the Feasibility of Consolidation of the Defense Resale Entities'' and dated December 4, 2018, to include a new business case analysis that-- - (1) establishes new baselines for-- - (A) savings from the costs of goods sold; - (B) costs of new information technology required - for such consolidation; and - (C) costs of headquarters relocation arising from - such consolidation; and - (2) addresses each recommendation for executive action in - the Government Accountability Office report GAO-20-418SU. + (1) establishes new baselines for-- + (A) savings from the costs of goods sold; + (B) costs of new information technology required for such + consolidation; and + (C) costs of headquarters relocation arising from such + consolidation; and + (2) addresses each recommendation for executive action in the + Government Accountability Office report GAO-20-418SU. (b) Review and Comment.--Not later than April 1, 2021, the Secretary of Defense shall make the updated business case analysis (in this section referred to as the ``updated BCA'') available to the @@ -15734,191 +16766,259 @@ Committees on Armed Services of the Senate and the House of Representatives notify the Secretary in writing of receipt and acceptance of the updated BCA. - Subtitle E--Other Personnel Benefits - -SEC. 641. MAINTENANCE OF FUNDING FOR STARS AND STRIPES. - - (a) Funding.-- - (1) Operation and maintenance.--Of the amounts authorized - to be appropriated for fiscal year 2021 in division D of this - Act and available for operations and maintenance for Defense- - wide activities as specified in the funding table in section - 4301 of this Act, $9,000,000 shall be made available for the - purpose of maintaining the operations and publication of Stars - and Stripes. - (2) Contingency operations.--Of the amounts authorized to - be appropriated for fiscal year 2021 in division D of this Act - and available for overseas contingency operations for Defense- - wide activities as specified in the funding tables in section - 4301 of this Act, $6,000,000 shall be made available for the - purpose of maintaining the operations and publication of Stars - and Stripes. + Subtitle E--Other Personnel Rights and Benefits + + SEC. 641. APPROVAL OF CERTAIN ACTIVITIES BY RETIRED AND RESERVE + MEMBERS OF THE UNIFORMED SERVICES. + (a) Clarification of Activities for Which Approval Required.-- +Section 908 of title 37, United States Code, is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1)-- + (i) by striking ``subsection (b)'' and inserting + ``subsections (b) and (c)''; and + (ii) by inserting ``, accepting payment for speeches, + travel, meals, lodging, or registration fees, or accepting + a non-cash award,'' after ``that employment)''; and + (B) in paragraph (2), by striking ``armed forces'' and + inserting ``armed forces, except members serving on active duty + under a call or order to active duty for a period in excess of + 30 days''; + (2) in the heading of subsection (b), by inserting ``for + Employment and Compensation'' after ``Approval Required''; + (3) by redesignating subsections (c) and (d) as subsections (d) + and (e), respectively; and + (4) by inserting after subsection (b) the following new + subsection (c): + ``(c) Approval Required for Certain Payments and Awards.--A person +described in subsection (a) may accept payment for speeches, travel, +meals, lodging, or registration fees described in that subsection, or +accept a non-cash award described in that subsection, only if the +Secretary concerned approves the payment or award.''. + (b) Annual Reports on Approvals.--Subsection (d) of such section, +as redesignated by subsection (a)(3) of this section, is amended-- + (1) by inserting ``(1)'' before ``Not later than''; + (2) in paragraph (1), as designated by paragraph (1) of this + subsection, by inserting ``, and each approval under subsection (c) + for a payment or award described in subsection (a),'' after ``in + subsection (a)''; and + (3) by adding at the end the following new paragraph: + ``(2) The report under paragraph (1) on an approval described in +that paragraph with respect to an officer shall set forth the +following: + ``(A) The foreign government providing the employment or + compensation or payment or award. + ``(B) The duties, if any, to be performed in connection with + the employment or compensation or payment or award. + ``(C) The total amount of compensation, if any, or payment to + be provided.''. + (c) Conforming Amendments.-- + (1) Section heading.--The heading of such section is amended to + read as follows: +``Sec. 908. Reserves and retired members: acceptance of employment, + payments, and awards from foreign governments''. + (2) Table of sections.--The table of sections at the beginning + of chapter 17 of such title is amended by striking the item + relating to section 908 and inserting the following new item: + +``908. Reserves and retired members: acceptance of employment, payments, + and awards from foreign governments.''. + SEC. 642. PERMANENT AUTHORITY FOR AND ENHANCEMENT OF THE GOVERNMENT + LODGING PROGRAM. + (a) Permanent Authority.--Section 914 of the Carl Levin and Howard +P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year +2015 (5 U.S.C. 5911 note) is amended-- + (1) in subsection (a), by striking ``, for the period of time + described in subsection (b),''; and + (2) by striking subsection (b). + (b) Temporary Exclusion of Certain Shipyard Employees.--Such +section is further amended by inserting after subsection (a) the +following new subsection (b): + ``(b) Temporary Exclusion of Certain Shipyard Employees.-- + ``(1) In general.--In carrying out a Government lodging program + under subsection (a), the Secretary shall exclude from the + requirements of the program employees who are traveling for the + performance of mission functions of a public shipyard of the + Department if the Secretary determines such requirements would + adversely affect the purpose or mission of such travel. + ``(2) Termination.--This subsection shall terminate on + September 30, 2023.''. + (c) Conforming Amendment.--The heading of such section is amended +to read as follows: + ``SEC. 914. GOVERNMENT LODGING PROGRAM.''. + SEC. 643. OPERATION OF STARS AND STRIPES. + (a) Operation.--Subject to appropriations, the Secretary of Defense +may not cease operation and maintenance of Stars and Stripes until 180 +days after the date on which the Secretary submits to the Committees on +Armed Service of the Senate and the House of Representatives notice of +the proposed cessation of such operation and maintenance. (b) Report on Business Case Analysis.--Not later than March 1, 2021, the Secretary of Defense, in coordination with the editor of Stars and Stripes, shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives detailing the business case analysis for various options for Stars and Stripes. The report shall contain the following elements: - (1) An analysis of the pros and cons of, and business case - for, continuing the operation and publication of Stars and - Stripes at its current levels, including other options for the - independent reporting currently provided, especially in a - deployed environment. - (2) An analysis of the modes of communication used by Stars - and Stripes. - (3) An analysis of potential reduced operations of Stars - and Stripes. - (4) An analysis of the operation of Stars and Stripes - solely as a non-appropriated entity. - (5) An analysis of operating Stars and Stripes as a - category B morale, welfare, and recreation entity. - (6) An assessment of the value of the availability of Stars - and Stripes (in print or an electronic version) to deployed or - overseas members of the Armed Forces. - -SEC. 642. BASIC ALLOWANCE FOR HOUSING. - - Section 403 of title 37, United States Code, is amended by adding -at the end the following: - ``(p) Information on Rights and Protections Under Servicemembers -Civil Relief Act.--The Secretary of Defense shall provide to each -member of a uniformed service who receives a basic allowance for -housing under this section information on the rights and protections -available to such member under the Servicemembers Civil Relief Act (50 -U.S.C. 3901 et seq.).''. + (1) An analysis of the pros and cons of, and business case for, + continuing the operation and publication of Stars and Stripes at + its current levels, including other options for the independent + reporting currently provided, especially in a deployed environment. + (2) An analysis of the modes of communication used by Stars and + Stripes. + (3) An analysis of potential reduced operations of Stars and + Stripes. + (4) An analysis of the operation of Stars and Stripes solely as + a non-appropriated fund entity. + (5) An analysis of operating Stars and Stripes as a category B + morale, welfare, and recreation entity. + (6) An assessment of the value of the availability of Stars and + Stripes (in print or an electronic version) to deployed or overseas + members of the Armed Forces. TITLE VII--HEALTH CARE PROVISIONS Subtitle A--TRICARE and Other Health Care Benefits -SEC. 701. EXPANSION OF MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE - ARMED FORCES. +Sec. 701. Improvement to breast cancer screening. +Sec. 702. Waiver of fees charged to certain civilians for emergency + medical treatment provided at military medical treatment + facilities. +Sec. 703. Authority for Secretary of Defense to manage provider type + referral and supervision requirements under TRICARE program. +Sec. 704. Expansion of benefits available under TRICARE Extended Care + Health Option program. +Sec. 705. Sale of hearing aids for dependents of certain members of the + reserve components. +Sec. 706. Pilot program on receipt of non-generic prescription + maintenance medications under TRICARE pharmacy benefits + program. - Section 1074m of title 10, United States Code, is amended by adding -at the end the following new subsection: - ``(g) Mental Health Assessments for Participation in Certain -Activities.--(1) The Secretary shall provide to a member described in -paragraph (2) mental health assessments under this section in a -frequency and schedule that the Secretary determines to be as similar -as practicable to the frequency and schedule for such assessments under -subsection (a)(1). - ``(2) A member described in this paragraph is a member who, while -not deployed in support of a contingency operation, participated in -warfighting activities that had a direct and immediate impact on a -combat operation or other military operation.''. + Subtitle B--Health Care Administration -SEC. 702. MANDATORY REFERRAL FOR MENTAL HEALTH EVALUATION. +Sec. 711. Repeal of administration of TRICARE dental plans through + Federal Employees Dental and Vision Insurance Program. +Sec. 712. Protection of the Armed Forces from infectious diseases. +Sec. 713. Inclusion of drugs, biological products, and critical medical + supplies in national security strategy for national technology + and industrial base. +Sec. 714. Contract authority of the Uniformed Services University of the + Health Sciences. +Sec. 715. Membership of Board of Regents of Uniformed Services + University of the Health Sciences. +Sec. 716. Temporary exemption for Uniformed Services University of the + Health Sciences from certain Paperwork Reduction Act + requirements. +Sec. 717. Modification to limitation on the realignment or reduction of + military medical manning end strength. +Sec. 718. Modifications to implementation plan for restructure or + realignment of military medical treatment facilities. +Sec. 719. Policy to address prescription opioid safety. +Sec. 720. Addition of burn pit registration and other information to + electronic health records of members of the Armed Forces. +Sec. 721. Inclusion of information on exposure to open burn pits in + postdeployment health reassessments. - Section 1090a of title 10, United States Code, is amended-- - (1) by redesignating subsection (e) as subsection (f); and - (2) by inserting after subsection (d) the following new - subsection: - ``(e) Process Applicable to Member Disclosure.--The regulations -required by subsection (a) shall-- - ``(1) establish a phrase that enables a member of the armed - forces to trigger a referral of the member by a commanding - officer or supervisor for a mental health evaluation; - ``(2) require a commanding officer or supervisor to make - such referral as soon as practicable following disclosure by - the member to the commanding officer or supervisor of the - phrase established under paragraph (1); and - ``(3) ensure that the process protects the confidentiality - of the member in a manner similar to the confidentiality - provided for members making restricted reports under section - 1565b(b) of this title.''. - -SEC. 703. ASSESSMENTS AND TESTING RELATING TO EXPOSURE TO - PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. - - (a) Periodic Health Assessment.--The Secretary of Defense shall -ensure that any periodic health assessment provided to a member of the -Armed Forces includes an evaluation of whether the member has been-- - (1) based or stationed at a military installation - identified by the Department of Defense as a location with a - known or suspected release of perfluoroalkyl substances or - polyfluoroalkyl substances during the period in which the - member was based or stationed at the military installation; or - (2) exposed to such substances, including by evaluating any - information in the health record of the member. - (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: - ``(D) 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 military installation - identified by the Department as a location with a known or - suspected release of perfluoroalkyl substances or - polyfluoroalkyl substances during the period in which the - member was based or stationed at the military installation; or - ``(ii) exposed to such substances, including by assessing - any information in the health record of the member.''. - (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, -United States Code, is amended by adding at the end the following new -subparagraph: - ``(E) An assessment of whether the member was-- - ``(i) based or stationed at a military installation - identified by the Department as a location with a known - or suspected release of perfluoroalkyl substances or - polyfluoroalkyl substances during the period in which - the member was based or stationed at the military - installation; or - ``(ii) exposed to such substances, including by - assessing any information in the health record of the - member.''. - (d) Provision of Blood Testing.-- - (1) Members of the armed forces.-- - (A) In general.--If a covered evaluation of a - member of the Armed Forces results in a positive - determination of potential exposure to perfluoroalkyl - substances or polyfluoroalkyl substances, the Secretary - of Defense shall provide to that member, during that - covered evaluation and at no additional cost to that - member, blood testing to determine and document - potential exposure to such substances. - (B) Inclusion in health record.--The results of - blood testing of a member of the Armed Forces conducted - under subparagraph (A) shall be included in the health - record of the member. - (2) Covered evaluation defined.--In this subsection, 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 subsection (b); and - (C) a deployment assessment conducted under section - 1074f(b)(2) of such title, as amended by subsection - (c). - -SEC. 704. IMPROVEMENT TO BREAST CANCER SCREENING. + Subtitle C--Matters Relating to COVID-19 + +Sec. 731. COVID-19 military health system review panel. +Sec. 732. Department of Defense pandemic preparedness. +Sec. 733. Transitional health benefits for certain members of the + National Guard serving under orders in response to the + coronavirus (COVID-19). +Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with + COVID-19. +Sec. 735. Health assessments of veterans diagnosed with pandemic + diseases to determine exposure to open burn pits and toxic + airborne chemicals. +Sec. 736. Comptroller General study on delivery of mental health + services to members of the Armed Forces during the COVID-19 + pandemic. + + Subtitle D--Reports and Other Matters + +Sec. 741. Modifications to pilot program on civilian and military + partnerships to enhance interoperability and medical surge + capability and capacity of National Disaster Medical System. +Sec. 742. Reports on suicide among members of the Armed Forces and + suicide prevention programs and activities of the Department + of Defense. +Sec. 743. Extension of authority for Joint Department of Defense- + Department of Veterans Affairs Medical Facility Demonstration + Fund. +Sec. 744. Military Health System Clinical Quality Management Program. +Sec. 745. Wounded Warrior Service Dog Program. +Sec. 746. Extramedical maternal health providers demonstration project. +Sec. 747. Briefing on diet and nutrition of members of the Armed Forces. +Sec. 748. Audit of medical conditions of residents in privatized + military housing. +Sec. 749. Assessment of receipt by civilians of emergency medical + treatment at military medical treatment facilities. +Sec. 750. Study on the incidence of cancer diagnosis and mortality among + military aviators and aviation support personnel. +Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air + Base, Uzbekistan. +Sec. 752. Review and report on prevention of suicide among members of + the Armed Forces stationed at remote installations outside the + contiguous United States. +Sec. 753. Study on medevac helicopters and ambulances at certain + military installations. +Sec. 754. Comptroller General study on prenatal and postpartum mental + health conditions among members of the Armed Forces and their + dependents. +Sec. 755. Report on lapses in TRICARE coverage for members of the + National Guard and reserve components. +Sec. 756. Study and report on increasing telehealth services across + Armed Forces. +Sec. 757. Study on force mix options and service models to enhance + readiness of medical force of the Armed Forces. +Sec. 758. Report on billing practices for health care from Department of + Defense. + + Subtitle E--Mental Health Services From Department of Veterans Affairs + for Members of Reserve Components + +Sec. 761. Short title. +Sec. 762. Expansion of eligibility for readjustment counseling and + related outpatient services from Department of Veterans + Affairs to include members of reserve components of the Armed + Forces. +Sec. 763. Provision of mental health services from Department of + Veterans Affairs to members of reserve components of the Armed + Forces. +Sec. 764. Inclusion of members of reserve components in mental health + programs of Department of Veterans Affairs. +Sec. 765. Report on mental health and related services provided by + Department of Veterans Affairs to members of the Armed Forces. + + Subtitle A--TRICARE and Other Health Care Benefits + SEC. 701. IMPROVEMENT TO BREAST CANCER SCREENING. Section 1074d(b)(2) of title 10, United States Code, is amended by inserting before the period at the end the following: ``, including through the use of digital breast tomosynthesis''. - -SEC. 705. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR EMERGENCY - MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL TREATMENT - FACILITIES. - + SEC. 702. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR EMERGENCY + MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL TREATMENT + FACILITIES. Section 1079b of title 10, United States Code, is amended-- - (1) by redesignating subsection (b) as subsection (c); and - (2) by inserting after subsection (a) the following new - subsection (b): - ``(b) Waiver of Fees.--Under the procedures implemented under -subsection (a), a military medical treatment facility may waive a fee -charged under such procedures to a civilian who is not a covered -beneficiary if-- - ``(1) after insurance payments, if any, the civilian is not - able to pay for the trauma or other medical care provided to - the civilian; and - ``(2) the provision of such care enhanced the medical - readiness of the health care provider or health care providers - furnishing such care.''. - -SEC. 706. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED CARE - HEALTH OPTION PROGRAM. - + (1) by redesignating subsection (b) as subsection (c); and + (2) by inserting after subsection (a) the following new + subsection (b): + ``(b) Waiver of Fees.--The Secretary may waive a fee that would +otherwise be charged under the procedures implemented under subsection +(a) to a civilian who is not a covered beneficiary if-- + ``(1) the civilian is unable to pay for the costs of the trauma + or other medical care provided to the civilian (including any such + costs remaining after the Secretary receives payment from an + insurer for such care, as applicable); and + ``(2) the provision of such care enhances the knowledge, + skills, and abilities of health care providers, as determined by + the Secretary.''. + SEC. 703. AUTHORITY FOR SECRETARY OF DEFENSE TO MANAGE PROVIDER + TYPE REFERRAL AND SUPERVISION REQUIREMENTS UNDER TRICARE PROGRAM. + Section 1079(a)(12) of title 10, United States Code, is amended, in +the first sentence, by striking ``or certified clinical social +worker,'' and inserting ``certified clinical social worker, or other +class of provider as designated by the Secretary of Defense,''. + SEC. 704. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED + CARE HEALTH OPTION PROGRAM. (a) Extended Benefits for Eligible Dependents.--Subsection (e) of section 1079 of title 10, United States Code, is amended to read as follows: @@ -15929,2139 +17029,1949 @@ function of the patient) and case management services with respect to the qualifying condition of such a dependent, and include, to the extent such benefits are not provided under provisions of this chapter other than under this section, the following: - ``(A) Diagnosis and screening. - ``(B) Inpatient, outpatient, and comprehensive home health - care supplies and services which may include cost effective and - medically appropriate services other than part-time or - intermittent services (within the meaning of such terms as used - in the second sentence of section 1861(m) of the Social - Security Act). - ``(C) Rehabilitation and habilitation services and devices. - ``(D) Institutional care in private nonprofit, public, and - State institutions and facilities and, if appropriate, - transportation to and from such institutions and facilities. - ``(E) Custodial care, notwithstanding the prohibition in - section 1077(b)(1) of this title. - ``(F) In accordance with paragraph (2), respite care for - the primary caregiver of the eligible dependent. - ``(G) In accordance with paragraph (3), service and - modification of durable equipment and assistive technology - devices. - ``(H) Special education. - ``(I) Vocational training, which may be furnished to an - eligible dependent in the residence of the eligible dependent - or at a facility in which such training is provided. - ``(J) In accordance with paragraph (4), adaptations to the - private residence and vehicle of the eligible dependent. - ``(K) Such other services and supplies as determined - appropriate by the Secretary, notwithstanding the limitations - in subsection (a)(12). - ``(2) Respite care under paragraph (1)(F) shall be provided subject + ``(A) Diagnosis and screening. + ``(B) Inpatient, outpatient, and comprehensive home health care + supplies and services which may include cost-effective and + medically appropriate services other than part-time or intermittent + services (within the meaning of such terms as used in the second + sentence of section 1861(m) of the Social Security Act (42 U.S.C. + 1395x)). + ``(C) Rehabilitation services and devices. + ``(D) In accordance with paragraph (2), respite care for the + primary caregiver of the eligible dependent. + ``(E) In accordance with paragraph (3), service and + modification of durable equipment and assistive technology devices. + ``(F) Special education. + ``(G) Vocational training, which may be furnished to an + eligible dependent in the residence of the eligible dependent or at + a facility in which such training is provided. + ``(H) Such other services and supplies as determined + appropriate by the Secretary, notwithstanding the limitations in + subsection (a)(12). + ``(2) Respite care under paragraph (1)(D) shall be provided subject to the following conditions: - ``(A) Pursuant to regulations prescribed by the Secretary - for purposes of this paragraph, such respite care shall be - limited to-- - ``(i) 50 hours per month for a primary caregiver - not covered by clause (ii); or - ``(ii) 40 hours per week for cases where the - Secretary determines that the plan of care for the - eligible dependent includes frequent interventions by - the primary caregiver. - ``(B) Unused hours of respite care may not be carried over - to another month. - ``(C) Such respite care may be provided to an eligible - beneficiary regardless of whether the eligible beneficiary is - receiving another benefit under this subsection. + ``(A) Pursuant to regulations prescribed by the Secretary for + purposes of this paragraph, such respite care shall be limited to + 32 hours per month for a primary caregiver. + ``(B) Unused hours of such respite care may not be carried over + to another month. + ``(C) Such respite care may be provided to an eligible + beneficiary regardless of whether the eligible beneficiary is + receiving another benefit under this subsection. ``(3)(A) Service and modification of durable equipment and -assistive technology devices under paragraph (1)(G) may be provided +assistive technology devices under paragraph (1)(E) may be provided only upon determination by the Secretary that the service or modification is necessary for the use of such equipment or device by the eligible dependent. ``(B) Service and modification of durable equipment and assistive technology devices under such paragraph may not be provided-- - ``(i) in the case of misuse, loss, or theft of the - equipment or device; or - ``(ii) for a deluxe, luxury, or immaterial feature of the - equipment or device, as determined by the Secretary. + ``(i) in the case of misuse, loss, or theft of the equipment or + device; or + ``(ii) for a deluxe, luxury, or immaterial feature of the + equipment or device, as determined by the Secretary. ``(C) Service and modification of durable equipment and assistive technology devices under such paragraph may include training of the eligible dependent and immediate family members of the eligible -dependent on the use of the equipment or device. - ``(4)(A) Adaptations to the private residence and vehicle of the -eligible dependent under paragraph (1)(J) may be provided if such -adaptations-- - ``(i) are determined to be medically necessary by the - provider responsible for the care of the eligible dependent - with respect to the qualifying condition; and - ``(ii) are necessary to assist in-- - ``(I) the reduction of the disabling effects of the - qualifying condition; or - ``(II) maintenance of the present functionality of - the eligible dependent. - ``(B) With respect to a vehicle, adaptations may be provided under -such paragraph if the vehicle is the primary means of transportation of -the eligible dependent.''. - (b) Conforming Amendment.--Subsection (f) of such section is -amended by striking ``paragraph (3) or (4) of subsection (e)'' each -place it appears and inserting ``subparagraph (C), (D), (G), (H), or -(I) of subsection (e)(1)''. +dependent on the use of the equipment or device.''. + (b) Conforming Amendment.--Subsection (f) of section 1079 of title +10, United States Code, is amended by striking ``paragraph (3) or (4) +of subsection (e)'' each place it appears and inserting ``subparagraph +(C), (E), (F), or (G) of subsection (e)(1)''. (c) Additional Requirements in Office of Special Needs Annual Report.--Section 1781c(g)(2) of title 10, United States Code, is amended-- - (1) by redesignating subparagraph (C) as subparagraph (D); - and - (2) by inserting after subparagraph (B) the following new - subparagraph (C): - ``(C) With respect to the Extended Care Health Option - program under section 1079(d) of ths title-- - ``(i) the utilization rates of services under such - program by eligible dependents (as such term is defined - in such section) during the prior year; - ``(ii) a description of gaps in such services, as - ascertained by the Secretary from information provided - by families of eligible dependents; - ``(iii) an assessment of factors that prevent - knowledge of and access to such program, including a - discussion of actions the Secretary may take to address - these factors; and - ``(iv) an assessment of the average wait time for - an eligible dependent enrolled in the program to access - alternative health coverage for a qualifying condition - (as such term is defined in such section), including a - discussion of any adverse health outcomes associated - with such wait.''. - (d) Comptroller General Report.--The Comptroller General of the -United States shall submit to Congress a report containing a study on -caregiving available through programs such as State Home and Community -Based Services and the Program of Comprehensive Assistance for Family -Caregivers of the Department of Veterans Affairs under section 1720G of -title 38, United States Code. The report shall-- - (1) include input from payers, administrators, consumers, - and advocates in order to analyze best practices for - administering programs to support caregivers of individuals - with intellectual or physical disabilities; and - (2) compare the provision of respite and related care - through the Extended Care Health Option program under section - 1079(d) of title 10, United States Code, to recognized best - practices and, if needed, make recommendations for improvement. - (e) Effective Date.--The amendments made by this section shall take -effect October 1, 2020. - (f) Funding.-- - (1) Increase.--Notwithstanding the amounts set forth in the - funding tables in division D, the amount authorized to be - appropriated in section 1405 for the Defense Health Program, as - specified in the corresponding funding table in section 4501, - for Defense Health Program, In-House Care, is hereby increased - by $15,000,000. - (2) Offset.--Notwithstanding the amounts set forth in the - funding tables in division D, the amount authorized to be - appropriated in section 1405 for the Defense Health Program, as - specified in the corresponding funding table in section 4501, - for Defense Health Program, Private Sector Care, is hereby - reduced by $15,000,000. - -SEC. 707. PROVISION OF HEARING AIDS FOR DEPENDENTS OF CERTAIN MEMBERS - OF THE RESERVE COMPONENTS. - + (1) by redesignating subparagraph (C) as subparagraph (D); and + (2) by inserting after subparagraph (B) the following new + subparagraph (C): + ``(C) With respect to the Extended Care Health Option program + under section 1079(d) of this title-- + ``(i) the utilization rates of services under such program + by eligible dependents (as such term is defined in such + section) during the prior year; + ``(ii) a description of gaps in such services, as + ascertained by the Secretary from information provided by + families of eligible dependents; + ``(iii) an assessment of factors that prevent knowledge of + and access to such program, including a discussion of actions + the Secretary may take to address these factors; and + ``(iv) an assessment of the average wait time for an + eligible dependent enrolled in the program to access + alternative health coverage for a qualifying condition (as such + term is defined in such section), including a discussion of any + adverse health outcomes associated with such wait.''. + (d) Comptroller General Report.-- + (1) Submission.--Not later than April 1, 2022, the Comptroller + General of the United States shall submit to the Committees on + Armed Services of the House of Representatives and the Senate a + report on caregiving available to eligible dependents under + programs such as home- and community-based services provided under + State Medicaid plans pursuant to waivers under section 1915 of the + Social Security Act (42 U.S.C. 1396n) or the Program of + Comprehensive Assistance for Family Caregivers of the Department of + Veterans Affairs established under section 1720G of title 38, + United States Code. + (2) Matters.--The report under paragraph (1) shall include-- + (A) an analysis of best practices for the administration of + programs to support caregivers of individuals with intellectual + or physical disabilities, based on input from payers, + administrators, individuals receiving care from such + caregivers, and advocates; + (B) a comparison of the provision of respite and related + care under the Extended Care Health Option program under + section 1079(d) of title 10, United States Code, and similar + care provided under programs specified in paragraph (1), to + identify best practices from such program and, if necessary, + make recommendations for improvement; and + (C) an analysis of the reasons eligible dependents do not + qualify for State programs under which caregiving is available, + such as home- and community-based services provided under State + Medicaid plans as specified in paragraph (1), with respect to + the State in which the eligible dependent is located. + (3) Eligible dependent defined.--In this subsection, ``eligible + dependent'' has the meaning given such term in section 1079(d) of + title 10, United States Code. + SEC. 705. SALE OF HEARING AIDS FOR DEPENDENTS OF CERTAIN MEMBERS OF + THE RESERVE COMPONENTS. Section 1077(g) of title 10, United States Code, is amended-- - (1) by striking ``In addition'' and inserting ``(1) In - addition''; and - (2) by adding at the end the following new paragraph: - ``(2) For purposes of providing hearing aids under subsection -(a)(16), a dependent of a member of the reserve components who is -enrolled in the TRICARE program under section 1076d of this title shall -be deemed to be a dependent of a member of the uniformed services on -active duty.''. + (1) by striking ``In addition'' and inserting ``(1) In + addition''; and + (2) by adding at the end the following new paragraph: + ``(2) For purposes of selling hearing aids at cost to the United +States under paragraph (1), a dependent of a member of the reserve +components who is enrolled in the TRICARE program under section 1076d +of this title shall be deemed to be a dependent eligible for care under +this section.''. + SEC. 706. PILOT PROGRAM ON RECEIPT OF NON-GENERIC PRESCRIPTION + MAINTENANCE MEDICATIONS UNDER TRICARE PHARMACY BENEFITS PROGRAM. + (a) Pilot Program.-- + (1) Authority.--Subject to paragraph (2), the Secretary of + Defense may carry out a pilot program under which eligible covered + beneficiaries may elect to receive non-generic prescription + maintenance medications selected by the Secretary under subsection + (c) through military medical treatment facility pharmacies, retail + pharmacies, or the national mail-order pharmacy program, + notwithstanding section 1074g(a)(9) of title 10, United States + Code. + (2) Requirement.--The Secretary may carry out the pilot program + under paragraph (1) only if the Secretary determines that the total + costs to the Department of Defense for eligible covered + beneficiaries to receive non-generic prescription maintenance + medications under the pilot program will not exceed the total costs + to the Department for such beneficiaries to receive such + medications under the national mail-order pharmacy program pursuant + to section 1074g(a)(9) of title 10, United States Code. In making + such determination, the Secretary shall consider all manufacturer + discounts, refunds and rebates, pharmacy transaction fees, and all + other costs. + (b) Duration.--If the Secretary carries out the pilot program under +subsection (a)(1), the Secretary shall carry out the pilot program for +a three-year period beginning not later than March 1, 2021. + (c) Selection of Medication.--If the Secretary carries out the +pilot program under subsection (a)(1), the Secretary shall select non- +generic prescription maintenance medications described in section +1074g(a)(9)(C)(ii) of title 10, United States Code, to be covered by +the pilot program. + (d) Notification.--If the Secretary carries out the pilot program +under subsection (a)(1), in providing each eligible covered beneficiary +with an explanation of benefits, the Secretary shall notify the +beneficiary of whether the medication that the beneficiary is +prescribed is covered by the pilot program. + (e) Briefing and Reports.-- + (1) Briefing.--If the Secretary determines to carry out the + pilot program under subsection (a)(1), not later than 90 days after + the date of the enactment of this Act, the Secretary shall provide + to the Committees on Armed Services of the House of Representatives + and the Senate a briefing on the implementation of the pilot + program. + (2) Interim report.--If the Secretary carries out the pilot + program under subsection (a)(1), not later than 18 months after the + commencement of the pilot program, the Secretary shall submit to + the Committees on Armed Services of the House of Representatives + and the Senate a report on the pilot program. + (3) Comptroller general report.-- + (A) In general.--If the Secretary carries out the pilot + program under subsection (a)(1), not later than March 1, 2024, + the Comptroller General of the United States shall submit to + the Committees on Armed Services of the House of + Representatives and the Senate a report on the pilot program. + (B) Elements.--The report under subparagraph (A) shall + include the following: + (i) The number of eligible covered beneficiaries who + participated in the pilot program and an assessment of the + satisfaction of such beneficiaries with the pilot program. + (ii) The rate by which eligible covered beneficiaries + elected to receive non-generic prescription maintenance + medications at a retail pharmacy pursuant to the pilot + program, and how such rate affected military medical + treatment facility pharmacies and the national mail-order + pharmacy program. + (iii) The amount of cost savings realized by the pilot + program, including with respect to-- + + (I) dispensing fees incurred at retail pharmacies + compared to the national mail-order pharmacy program + for brand name prescription drugs; + (II) administrative fees; + (III) any costs paid by the United States for the + drugs in addition to the procurement costs; + (IV) the use of military medical treatment + facilities; and + (V) copayments paid by eligible covered + beneficiaries. + + (iv) A comparison of supplemental rebates between + retail pharmacies and other points of sale. + (f) Rule of Construction.--Nothing in this section may be construed +to affect-- + (1) the ability of the Secretary to carry out section + 1074g(a)(9)(C) of title 10, United States Code, after the date on + which the pilot program is completed; or + (2) the prices established for medications under section 8126 + of title 38, United States Code. + (g) Definitions.--In this section: + (1) The term ``eligible covered beneficiary'' has the meaning + given that term in section 1074g(i) of title 10, United States + Code. + (2) The terms ``military medical treatment facility + pharmacies'', ``retail pharmacies'', and ``the national mail-order + pharmacy program'' mean the methods for receiving prescription + drugs as described in clauses (i), (ii), and (iii), respectively, + of section 1074g(a)(2)(E) of title 10, United States Code. Subtitle B--Health Care Administration -SEC. 711. PROTECTION OF THE ARMED FORCES FROM INFECTIOUS DISEASES. - + SEC. 711. REPEAL OF ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH + FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM. + (a) Title 5.--Section 8951(8) of title 5, United States Code, is +amended by striking ``1076a or''. + (b) Title 10.--Section 1076a(b) of title 10, United States Code, is +amended to read as follow: + ``(b) Administration of Plans.--The plans established under this +section shall be administered under regulations prescribed by the +Secretary of Defense in consultation with the other administering +Secretaries.''. + (c) Conforming Repeal.--Section 713 of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 +Stat. 1811) is repealed. + (d) Technical Amendment.--Section 1076a(a)(1) of title 10, United +States Code, is amended by striking the second sentence. + SEC. 712. PROTECTION OF THE ARMED FORCES FROM INFECTIOUS DISEASES. (a) In General.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1073d the following new section: ``Sec. 1073e. Protection of armed forces from infectious diseases - ``(a) Protection.--The Secretary of Defense shall ensure that the -armed forces have the diagnostic equipment, testing capabilities, and -personal protective equipment necessary to protect members of the armed -forces from the threat of infectious diseases and to treat members who -contract infectious diseases. + ``(a) Protection.--The Secretary of Defense shall develop and +implement a plan to ensure that the armed forces have the diagnostic +equipment, testing capabilities, and personal protective equipment +necessary to protect members of the armed forces from the threat of +infectious diseases and to treat members who contract infectious +diseases. ``(b) Requirements.--In carrying out subsection (a), the Secretary shall ensure the following: - ``(1) Each military medical treatment facility has the - testing capabilities described in such subsection. - ``(2) Each deployed naval vessel has the testing - capabilities described in such subsection. - ``(3) Members of the armed forces deployed in support of a - contingency operation outside of the United States have access - to the testing capabilities described in such subsection, - including at field hospitals, combat support hospitals, field - medical stations, and expeditionary medical facilities. - ``(4) The Department of Defense maintains a stock of - personal protective equipment in a quantity sufficient for each - member of the armed forces, including the reserve components - thereof. + ``(1) Each military medical treatment facility has the testing + capabilities described in such subsection, as appropriate for the + mission of the facility. + ``(2) Each deployed naval vessel has access to the testing + capabilities described in such subsection. + ``(3) Members of the armed forces deployed in support of a + contingency operation outside of the United States have access to + the testing capabilities described in such subsection, including at + field hospitals, combat support hospitals, field medical stations, + and expeditionary medical facilities. + ``(4) The Department of Defense maintains-- + ``(A) a 30-day supply of personal protective equipment in a + quantity sufficient for each member of the armed forces, + including the reserve components thereof; and + ``(B) the capability to rapidly resupply such equipment. ``(c) Research and Development.--(1) The Secretary shall include with the defense budget materials (as defined by section 231(f) of this -title) for a fiscal year a plan to research and develop vaccines for -infectious diseases. +title) for a fiscal year a plan to research and develop vaccines, +diagnostics, and therapeutics for infectious diseases. ``(2) The Secretary shall ensure that the medical laboratories of the Department of Defense are equipped with the technology needed to -facilitate rapid research in the case of a pandemic.''. +facilitate rapid research and development of vaccines, diagnostics, and +therapeutics in the case of a pandemic.''. (b) Clerical Amendment.--The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 1073d the following new item: ``1073e. Protection of armed forces from infectious diseases.''. - -SEC. 712. INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND CRITICAL MEDICAL - SUPPLIES IN NATIONAL SECURITY STRATEGY FOR NATIONAL - TECHNOLOGY AND INDUSTRIAL BASE. - + SEC. 713. INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND CRITICAL + MEDICAL SUPPLIES IN NATIONAL SECURITY STRATEGY FOR NATIONAL + TECHNOLOGY AND INDUSTRIAL BASE. (a) National Security Strategy for National Technology and Industrial Base.--Section 2501(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: - ``(11) Providing for the provision of drugs, biological - products, vaccines, and critical medical supplies (including - personal protective equipment, diagnostic and testing - capabilities, and lifesaving breathing apparatuses required for - the treatment of severe respiratory illness and respiratory - distress) required to enable combat readiness and protect the - health of the armed forces.''. - (b) Report.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Secretary of Defense, in - consultation with the Secretary of Health and Human Services, - the Commissioner of Food and Drugs, and the heads of other - departments and agencies of the Federal Government that the - Secretary of Defense determines appropriate, shall submit to - the appropriate congressional committees a report on - vulnerabilities to the drugs, biological products, vaccines, - and critical medical supplies of the Department of Defense. - (2) Matters included.--The report under paragraph (1) shall - include-- - (A) an identification and origin of any finished - drugs, as identified by the Secretary of Defense, and - the essential components of such drugs, including raw - materials, chemical components, and active - pharmaceutical ingredients that are necessary for the - manufacture of such drugs, whose supply is at risk of - disruption during a time of war or national emergency; - (B) an identification of shortages of finished - drugs, biological products, vaccines, and critical - medical supplies essential for combat readiness and the - protection of the health of the Armed Forces, as - identified by the Secretary of Defense; - (C) an identification of the defense and - geopolitical contingencies that are sufficiently likely - to arise that may lead to the discontinuance, - interruption or meaningful disruption in the supply of - a drug, biological product, vaccine, or critical - medical supply, and recommendations regarding actions - the Secretary of Defense should take to reasonably - prepare for the occurrence of such contingencies; - (D) an identification of any barriers that exist to - manufacture finished drugs, biological products, - vaccines, and critical medical supplies in the United - States, including with respect to regulatory barriers - by the Federal Government and whether the raw materials - may be found in the United States; - (E) an identification of potential partners of the - United States with whom the United States can work with - to realign the manufacturing capabilities of the United - States for such finished drugs, biological products, - vaccines, and critical medical supplies; - (F) an assessment conducted by the Secretary of - Defense of the resilience and capacity of the current - supply chain and industrial base to support national - defense upon the occurrence of the contingencies - identified in subparagraph (C), including with respect - to-- - (i) the manufacturing capacity of the - United States; - (ii) gaps in domestic manufacturing - capabilities, including non-existent, extinct, - threatened, and single-point-of-failure - capabilities; and - (iii) supply chains with single points of - failure and limited resiliency; and - (G) recommendations to enhance and strengthen the - surge requirements and readiness contracts of the - Department of Defense to ensure the sufficiency of the - stockpile of the Department of, and the ready access by - the Department to, critical medical supplies, - pharmaceuticals, vaccines, counter-measure prophylaxis, - and personal protective equipment, including with - respect to the effectiveness of the theater lead agent - for medical materiel program in support of the - combatant commands. - (3) Form.--The report under paragraph (1) shall be - submitted in classified form. - (4) Definitions.--In this subsection: - (A) The term ``appropriate congressional - committees'' means the following: - (i) The congressional defense committees. - (ii) The Committee on Energy and Commerce - and the Committee on Homeland Security of the - House of Representatives. - (iii) The Committee on Health, Education, - Labor, and Pensions and the Committee on - Homeland Security and Governmental Affairs of - the Senate. - (B) The term ``critical medical equipment'' - includes personal protective equipment, diagnostic - tests, testing supplies, and lifesaving breathing - apparatuses required to treat severe respiratory - illnesses and distress. - -SEC. 713. CONTRACT AUTHORITY OF THE UNIFORMED SERVICES UNIVERSITY OF - THE HEALTH SCIENCES. - - Section 2113(g)(1) of title 10, United States Code, is amended-- - (1) in subparagraph (E), by striking ``and'' at the end; - (2) in subparagraph (F), by striking the period at the end - and inserting ``; and''; and - (3) by adding at the end the following new subparagraph: - ``(G) notwithstanding section 2304(k) of this - title, to enter into such contracts, cooperative - agreements, or grants on a sole-source basis pursuant - to section 2304(c)(5) of this title.''. - -SEC. 714. EXTENSION OF ORGANIZATION REQUIREMENTS FOR DEFENSE HEALTH - AGENCY. - - Section 1073c(e) of title 10, United States Code, is amended by -striking ``September 30, 2022'' and inserting ``September 30, 2025''. - -SEC. 715. MODIFICATION TO LIMITATION ON THE REALIGNMENT OR REDUCTION OF - MILITARY MEDICAL MANNING END STRENGTH. - + ``(11) Providing for the provision of drugs, biological + products, vaccines, and critical medical supplies required to + enable combat readiness and protect the health of the armed + forces.''. + (b) Assessment.-- + (1) In general.--The Secretary of Defense shall include with + the report required to be submitted in 2022 under section 2504 of + title 10, United States Code, an appendix containing an assessment + of gaps or vulnerabilities in the national technology and + industrial base (as defined by section 2500(1) of such title) with + respect to drugs, biological products, vaccines, and critical + medical supplies described in section 2501(a)(11) of such title, as + amended by subsection (a) of this section. In carrying out such + assessment, the Secretary shall consult with the Secretary of + Health and Human Services, the Commissioner of Food and Drugs, and + the heads of other departments and agencies of the Federal + Government that the Secretary of Defense determines appropriate. + (2) Matters included.--The assessment under paragraph (1) shall + include-- + (A) an identification and origin of any finished drugs, as + identified by the Secretary of Defense, and the essential + components of such drugs, including raw materials, chemical + components, and active pharmaceutical ingredients that are + necessary for the manufacture of such drugs, whose supply is at + risk of disruption during a time of war or national emergency; + (B) an identification of shortages of finished drugs, + biological products, vaccines, and critical medical supplies + essential for combat readiness and the protection of the health + of the Armed Forces (including with respect to any challenges + or issues with the joint deployment formulary), as identified + by the Secretary of Defense; + (C) an identification of the defense and geopolitical + contingencies that are sufficiently likely to arise that may + lead to the discontinuance, interruption or meaningful + disruption in the supply of a drug, biological product, + vaccine, or critical medical supply, and recommendations + regarding actions the Secretary of Defense should take to + reasonably prepare for the occurrence of such contingencies; + (D) an identification of any barriers that exist to + manufacture finished drugs, biological products, vaccines, and + critical medical supplies in the United States, including with + respect to regulatory barriers by the Federal Government and + whether the raw materials may be found in the United States; + (E) an identification of potential partners of the United + States with whom the United States can work with to realign the + manufacturing capabilities of the United States for such + finished drugs, biological products, vaccines, and critical + medical supplies; + (F) an assessment conducted by the Secretary of Defense of + the resilience and capacity of the current supply chain and + industrial base to support national defense upon the occurrence + of the contingencies identified in subparagraph (C), including + with respect to-- + (i) the manufacturing capacity of the United States; + (ii) gaps in domestic manufacturing capabilities, + including nonexistent, extinct, threatened, and single- + point-of-failure capabilities; + (iii) supply chains with single points of failure and + limited resiliency; and + (iv) economic factors, including global competition, + that threaten the viability of domestic manufacturers; and + (G) recommendations to enhance and strengthen the surge + requirements and readiness contracts of the Department of + Defense to ensure the sufficiency of the stockpile of the + Department of, and the ready access by the Department to, + critical medical supplies, pharmaceuticals, vaccines, + countermeasure prophylaxis, and personal protective equipment, + including with respect to the effectiveness of the theater lead + agent for medical materiel program in support of the combatant + commands. + (3) Submission.--In addition to including the assessment under + paragraph (1) as an appendix to the report required to be submitted + in 2022 under section 2504 of title 10, United States Code, the + Secretary of Defense shall submit such appendix separately to the + appropriate congressional committees. + (4) Form.--The assessment under paragraph (1) shall be + submitted in classified form. + (5) Definitions.--In this subsection: + (A) The term ``appropriate congressional committees'' means + the following: + (i) The Committee on Appropriations, the Committee on + Energy and Commerce, and the Committee on Homeland Security + of the House of Representatives. + (ii) The Committee on Appropriations, the Committee on + Health, Education, Labor, and Pensions, and the Committee + on Homeland Security and Governmental Affairs of the + Senate. + (B) The term ``critical medical supplies'' includes + personal protective equipment, diagnostic tests, testing + supplies, and lifesaving breathing apparatuses required to + treat severe respiratory illnesses and distress. + SEC. 714. CONTRACT AUTHORITY OF THE UNIFORMED SERVICES UNIVERSITY + OF THE HEALTH SCIENCES. + (a) Contract Authority.--Section 2113(g)(1) of title 10, United +States Code, is amended-- + (1) in subparagraph (E), by striking ``and'' at the end; + (2) in subparagraph (F), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new subparagraph: + ``(G) notwithstanding sections 2304, 2361, and 2374 of this + title, to enter into contracts and cooperative agreements with, + accept grants from, and make grants to, nonprofit entities (on + a sole-source basis) for the purpose specified in subparagraph + (A) or for any other purpose the Secretary determines to be + consistent with the mission of the University.''. + (b) Rule of Construction.--Nothing in section 2113(g) of title 10, +United States Code, as amended by subsection (a), shall be construed to +limit the ability of the Secretary of Defense, in carrying out such +section, to use competitive procedures to award contracts, cooperative +agreements, or grants. + SEC. 715. MEMBERSHIP OF BOARD OF REGENTS OF UNIFORMED SERVICES + UNIVERSITY OF THE HEALTH SCIENCES. + (a) In General.--Section 2113a(b) of title 10, United States Code, +is amended-- + (1) by redesignating paragraphs (3) and (4) as paragraphs (4) + and (5), respectively; and + (2) by inserting after paragraph (2) the following new + paragraph: + ``(3) the Director of the Defense Health Agency, who shall be + an ex officio member;''. + (b) Rule of Construction.--The amendments made by this section may +not be construed to invalidate any action taken by the Uniformed +Services University of the Health Sciences or its Board of Regents +prior to the effective date of this section. + (c) Effective Date.--The amendments made by this section shall take +effect on January 1, 2021. + SEC. 716. TEMPORARY EXEMPTION FOR UNIFORMED SERVICES UNIVERSITY OF + THE HEALTH SCIENCES FROM CERTAIN PAPERWORK REDUCTION ACT + REQUIREMENTS. + (a) Temporary Exemption From Certain Paperwork Reduction Act +Requirements.-- + (1) In general.--During the two-year period beginning on the + date that is 30 days after the date of the enactment of this Act, + the requirements described in paragraph (2) shall not apply with + respect to the voluntary collection of information during the + conduct of research and program evaluations-- + (A) conducted or sponsored by the Uniformed Services + University of the Health Sciences; and + (B) funded through the Defense Health Program. + (2) Requirements described.--The requirements described in this + paragraph are the requirements under the following provisions of + law: + (A) Section 3506(c) of title 44, United States Code. + (B) Sections 3507 and 3508 of such title. + (b) Reports.-- + (1) Interim report.--Not later than one year after the date of + the enactment of this Act, the Secretary of Defense shall submit to + the appropriate congressional committees a report on the + preliminary findings with respect to-- + (A) the estimated time saved by the Uniformed Services + University of the Health Sciences (if applicable) by reason of + the exemption under paragraph (1) of subsection (a) to + requirements described in paragraph (2) of such subsection; + (B) the research within the scope of such exemption that + has been initiated, is ongoing, or has been completed during + the period in which the exemption is in effect; + (C) the estimated cost savings by the University that can + be attributed to such exemption; and + (D) the additional burdens upon the research subjects of + the University that are attributable to such exemption. + (2) Updated report.--Not later than two years after the date of + the enactment of this Act, the Secretary shall submit to the + appropriate congressional committees a report containing-- + (A) updated information with respect to the matters under + paragraph (1); and + (B) any recommendations with respect to policy or + legislative actions regarding the exemption under paragraph (1) + of subsection (a) to requirements described in paragraph (2) of + such subsection. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + Oversight and Reform of the House of Representatives; and + (2) the Committee on Armed Services and the Committee on + Homeland Security and Governmental Affairs of the Senate. + SEC. 717. MODIFICATION TO LIMITATION ON THE REALIGNMENT OR + REDUCTION OF MILITARY MEDICAL MANNING END STRENGTH. Section 719 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1454) is amended-- - (1) in subsection (a), in the matter preceding paragraph - (1), by striking ``may not realign or reduce military medical - end strength authorizations until'' and inserting the - following: ``may not realign or reduce military medical end - strength authorizations during the one-year period following - the date of the enactment of the National Defense Authorization - Act for Fiscal Year 2021, and after such period, may not - realign or reduce such authorizations unless''; and - (2) in subsection (b)(1), by inserting before the period at - the end the following: ``, including with respect to both the - homeland defense mission and pandemic influenza''. - -SEC. 716. MODIFICATIONS TO IMPLEMENTATION PLAN FOR RESTRUCTURE OR - REALIGNMENT OF MILITARY MEDICAL TREATMENT FACILITIES. - + (1) in subsection (a), in the matter preceding paragraph (1), + by striking ``may not realign or reduce military medical end + strength authorizations until'' and inserting the following: ``may + not realign or reduce military medical end strength authorizations + during the 180 days following the date of the enactment of the + William M. (Mac) Thornberry National Defense Authorization Act for + Fiscal Year 2021, and after such period, may not realign or reduce + such authorizations unless''; and + (2) in subsection (b)(1), by inserting before the period at the + end the following: ``, including with respect to both the homeland + defense mission and pandemic influenza''. + SEC. 718. MODIFICATIONS TO IMPLEMENTATION PLAN FOR RESTRUCTURE OR + REALIGNMENT OF MILITARY MEDICAL TREATMENT FACILITIES. Section 703(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2199) is amended-- - (1) in paragraph (2), by striking subparagraph (D) and - inserting the following new subparagraph: - ``(D) A description of how the Secretary will carry - out subsection (b), including with respect to-- - ``(i) the standards required for health - care providers to accept and transition covered - beneficiaries to the purchased care component - of the TRICARE program; - ``(ii) a method to monitor and report on - quality benchmarks for the beneficiary - population that is required to transition to - such component of the TRICARE program; and - ``(iii) a process by which the Defense - Health Agency will ensure that such component - of the TRICARE program has the required - capacity.''; and - (2) by adding at the end the following new paragraph: - ``(4) Notice and wait.--The Secretary may not implement the - plan under paragraph (1) unless-- - ``(A) the Secretary has submitted the plan to the - congressional defense committees; and - ``(B) a 1-year period elapses following the later - of the date of such submission or the date of the - enactment of the National Defense Authorization Act for - Fiscal Year 2021.''. - -SEC. 717. POLICY TO ADDRESS OPIOID PRESCRIPTION ABUSE PREVENTION. - + (1) in paragraph (2), by striking subparagraph (D) and + inserting the following new subparagraph: + ``(D) A description of how the Secretary will carry out + subsection (b), including, with respect to each affected + military medical treatment facility, a description of-- + ``(i) the elements required for health care providers + to accept and transition covered beneficiaries to the + purchased care component of the TRICARE program; + ``(ii) a method to monitor and report on quality + benchmarks for the beneficiary population that will be + required to transition to such component of the TRICARE + program; and + ``(iii) a process by which the Director of the Defense + Health Agency will ensure that such component of the + TRICARE program has the required capacity.''; and + (2) by adding at the end the following new paragraph: + ``(4) Notice and wait.--The Secretary may not implement the + plan under paragraph (1) unless-- + ``(A) the Secretary has submitted the plan to the + congressional defense committees; + ``(B) the Secretary has certified to the congressional + defense committees that, pursuant to subsection (b), if a + proposed restructure, realignment, or modification will + eliminate the ability of a covered beneficiary to access health + care services at a military medical treatment facility, the + covered beneficiary will be able to access such health care + services through the purchased care component of the TRICARE + program; and + ``(C) a 180-day period has elapsed following the later of-- + ``(i) the date on which the congressional defense + committees have received both the implementation plan under + subparagraph (A) and the notice of certification under + subparagraph (B); or + ``(ii) the date of the enactment of the William M. + (Mac) Thornberry National Defense Authorization Act for + Fiscal Year 2021.''. + SEC. 719. POLICY TO ADDRESS PRESCRIPTION OPIOID SAFETY. (a) Requirement.--The Secretary of Defense shall develop a policy -and tracking mechanism for opioids that monitors and prohibits the over -prescribing of opioids to ensure compliance with clinical practice -guidelines and prescribing guidelines published by the Centers for -Disease Control and Prevention and the Food and Drug Administration. +and tracking mechanism to monitor and provide oversight of opioid +prescribing to ensure that the provider practices of medication- +prescribing health professionals across the military health system +conform with-- + (1) the clinical practice guidelines of the Department of + Defense and the Department of Veterans Affairs; and + (2) the prescribing guidelines published by the Centers for + Disease Control and Prevention and the Food and Drug + Administration. (b) Elements.--The requirements under subsection (a) shall include the following: - (1) Limit the prescribing of opioids to the morphine - milligram equivalent level per day specified in the guideline - published by the Centers for Disease Control and Prevention - titled ``CDC Guideline for Prescribing Opioids for Chronic - Pain--United States, 2016'', or such successor guideline. - (2) Limit the supply of opioids to within clinically - accepted guidelines. - (3) Develop a waiver process for specific patient - categories that will require treatment beyond the limit - specified in paragraph (1) and, as appropriate, ensure overdose - reversal drugs are co-prescribed. - (4) Implement controls to ensure that the prescriptions in - the military health system data repository exist and that the - dispense date and the metric quantity field for opioid - prescriptions in liquid form are consistent among all systems. - (5) Implement opioid prescribing controls within the - electronic health record system known as ``Genesis'' and - document if an overdose reversal drug was co-prescribed. - (6) Develop metrics that can be used by the Defense Health - Agency and each military medical treatment facility to actively - monitor and limit the over prescribing of opioids and to - monitor the co-prescribing of overdose reversal drugs as - accessible interventions. - (7) Develop a report that tracks progression toward reduced - levels of opioid use and includes an identification of - prevention best practices established by the Department. - -SEC. 718. ADDITION OF BURN PIT REGISTRATION TO ELECTRONIC HEALTH - RECORDS OF MEMBERS OF THE ARMED FORCES AND VETERANS. - + (1) Providing oversight and accountability of opioid + prescribing practices that are outside of the recommended + parameters for dosage, supply, and duration as identified in the + guideline published by the Centers for Disease Control and + Prevention titled ``CDC Guideline for Prescribing Opioids for + Chronic Pain--United States, 2016'', or such successor guideline, + and the guideline published by the Department of Defense and + Department of Veterans Affairs titled ``DoD/VA Management of Opioid + Therapy (OT) for Chronic Pain Clinical Practice Guideline, 2017'' + or such successor guideline. + (2) Implementing oversight and accountability responsibilities + for opioid prescribing safety as specified in paragraph (1). + (3) Implementing systems to ensure that the prescriptions in + the military health system data repository are appropriately + documented and that the processing date and the metric quantity + field for opioid prescriptions in liquid form are consistent within + the electronic health record system known as ``MHS GENESIS''. + (4) Implementing opioid prescribing controls within the + electronic health record system known as ``MHS GENESIS'' and + document if an overdose reversal drug was co-prescribed. + (5) Developing metrics that can be used by the Defense Health + Agency and each military medical treatment facility to actively + monitor and limit the overprescribing of opioids and to monitor the + co-prescribing of overdose reversal drugs as accessible + interventions. + (6) Developing a report that tracks progression toward reduced + levels of opioid use and includes an identification of prevention + best practices established by the Department. + (7) Developing and implementing a plan to improve communication + and value-based initiatives between pharmacists and medication- + prescribing health professionals across the military health system. + SEC. 720. ADDITION OF BURN PIT REGISTRATION AND OTHER INFORMATION + TO ELECTRONIC HEALTH RECORDS OF MEMBERS OF THE ARMED FORCES. (a) Updates to Electronic Health Records.--Beginning not later than -1 year after the date of the enactment of this Act-- - (1) the Secretary of Defense shall ensure that the - electronic health record maintained by such Secretary of a - member of the Armed Forces registered with the burn pit - registry is updated with any information contained in such - registry; and - (2) the Secretary of Veterans Affairs shall ensure that the - electronic health record maintained by such Secretary of a - veteran registered with the burn pit registry is updated with - any information contained in such registry. - (b) Burn Pit Registry Defined.--In this section, the term ``burn -pit registry'' means the registry established under section 201 of the +one year after the date of the enactment of this Act, the Secretary of +Defense shall ensure that-- + (1) the electronic health record maintained by the Secretary + for a member of the Armed Forces registered with the Airborne + Hazards and Open Burn Pit Registry is updated with any information + contained in such registry with respect to the member; and + (2) any occupational or environmental health exposure recorded + in the Defense Occupational and Environmental Health Readiness + System (or any successor system) is linked to the electronic health + record system of the Department of Defense to notify health + professionals treating a member specified in paragraph (1) of any + such exposure recorded for the member. + (b) Airborne Hazards and Open Burn Pit Registry Defined.--In this +section, 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). + SEC. 721. INCLUSION OF INFORMATION ON EXPOSURE TO OPEN BURN PITS IN + POSTDEPLOYMENT HEALTH REASSESSMENTS. + (a) In General.--The Secretary of Defense shall include in +postdeployment health reassessments conducted under section 1074f of +title 10, United States Code, pursuant to a Department of Defense Form +2796, or successor form, an explicit question regarding exposure of +members of the Armed Forces to open burn pits. + (b) Inclusion in Assessments by Military Departments.--The +Secretary of Defense shall ensure that the Secretary of each military +department includes a question regarding exposure of members of the +Armed Forces to open burn pits in any electronic postdeployment health +assessment conducted by that military department. + (c) Open Burn Pit Defined.--In this section, the term ``open burn +pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). -SEC. 719. MAINTENANCE OF CERTAIN MEDICAL SERVICES AT MILITARY MEDICAL - TREATMENT FACILITIES AT SERVICE ACADEMIES. - - Section 1073d of title 10, United States Code, is amended by adding -at the end the following new subsection: - ``(f) Maintenance of Certain Medical Services at Service -Academies.--(1) In carrying out subsection (a), the Secretary of -Defense shall ensure that each military medical treatment facility -located at a Service Academy (as defined in section 347 of this title) -provides each covered medical service unless the Secretary determines -that a civilian health care facility located not fewer than five miles -from the Service Academy provides the covered medical service. - ``(2) In this subsection, the term `covered medical service' means -the following: - ``(A) Emergency room services. - ``(B) Orthopedic services. - ``(C) General surgery services. - ``(D) Ear, nose, and throat services. - ``(E) Gynecological services. - ``(F) Ophthalmology services. - ``(G) In-patient services. - ``(H) Any other medical services that the relevant - Superintendent of the Service Academy determines necessary to - maintain the readiness and health of the cadets or midshipmen - and members of the armed forces at the Service Academy.''. - -SEC. 720. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT. - - (a) Demonstration Project Required.--Not later than 1 year after -the date of the enactment of this Act, the Secretary of Defense shall -commence the conduct of a demonstration project designed to evaluate -the cost, quality of care, and impact on maternal and fetal outcomes of -using extramedical maternal health providers under the TRICARE program -to determine the appropriateness of making coverage of such providers -under the TRICARE program permanent. - (b) Elements of Demonstration Project.--The demonstration project -under subsection (a) shall include, for participants in the -demonstration project, the following: - (1) Access to doulas. - (2) Access to lactation consultants who are not otherwise - authorized to provide services under the TRICARE program. - (c) Participants.--The Secretary shall establish a process under -which covered beneficiaries may enroll in the demonstration project in -order to receive the services provided under the demonstration project. - (d) Duration.--The Secretary shall carry out the demonstration -project for a period of 5 years beginning on the date on which -notification of the commencement of the demonstration project is -published in the Federal Register. - (e) Survey.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, and annually thereafter for the - duration of the demonstration project, the Secretary shall - administer a survey to determine-- - (A) how many members of the Armed Forces or spouses - of such members give birth while their spouse or - birthing partner is unable to be present due to - deployment, training, or other mission requirements; - (B) how many single members of the Armed Forces - give birth alone; and - (C) how many members of the Armed Forces or spouses - of such members use doula support or lactation - consultants. - (2) Matters covered by the survey.--The survey administered - under paragraph (1) shall include an identification of the - following: - (A) The race, ethnicity, age, sex, relationship - status, military service, military occupation, and - rank, as applicable, of each individual surveyed. - (B) If individuals surveyed were members of the - Armed Forces or the spouses of such members, or both. - (C) The length of advanced notice received by - individuals surveyed that the member of the Armed - Forces would be unable to be present during the birth, - if applicable. - (D) Any resources or support that the individuals - surveyed found useful during the pregnancy and birth - process, including doula or lactation counselor - support. - (f) Reports.-- - (1) Implementation plan.--Not later than 180 days after the - date of the enactment of this Act, the Secretary shall submit - to the Committees on Armed Services of the Senate and the House - of Representatives a plan to implement the demonstration - project. - (2) Annual report.-- - (A) In general.--Not later than 1 year after the - commencement of the demonstration project, and annually - thereafter for the duration of the demonstration - project, the Secretary shall submit to the Committees - on Armed Services of the Senate and the House of - Representatives a report on the cost of the - demonstration project and the effectiveness of the - demonstration project in improving quality of care and - the maternal and fetal outcomes of covered - beneficiaries enrolled in the demonstration project. - (B) Matters covered.--Each report submitted under - subparagraph (A) shall address, at a minimum, the - following: - (i) The number of covered beneficiaries who - are enrolled in the demonstration project. - (ii) The number of enrolled covered - beneficiaries who have participated in the - demonstration project. - (iii) The results of the surveys under - subsection (f). - (iv) The cost of the demonstration project. - (v) An assessment of the quality of care - provided to participants in the demonstration - project. - (vi) An assessment of the impact of the - demonstration project on maternal and fetal - outcomes. - (vii) An assessment of the effectiveness of - the demonstration project. - (viii) Recommendations for adjustments to - the demonstration project. - (ix) The estimated costs avoided as a - result of improved maternal and fetal health - outcomes due to the demonstration project. - (x) Recommendations for extending the - demonstration project or implementing permanent - coverage under the TRICARE program of - extramedical maternal health providers. - (xi) An identification of legislative or - administrative action necessary to make the - demonstration project permanent. - (C) Final report.--The final report under - subparagraph (A) shall be submitted not later than 90 - days after the termination of the demonstration - project. - (g) Expansion of Demonstration Project.-- - (1) Regulations.--If the Secretary determines that the - demonstration project is successful, the Secretary may - prescribe regulations to include extramedical maternal health - providers as health care providers authorized to provide care - under the TRICARE program. - (2) Credentialing and other requirements.--The Secretary - may establish credentialing and other requirements for doulas - and lactation consultants through public notice and comment - rulemaking for purposes of including doulas and lactation - consultations as health care providers authorized to provide - care under the TRICARE program pursuant to regulations - prescribed under paragraph (1). - (h) Definitions.--In this section: - (1) Extramedical maternal health provider.--The term - ``extramedical maternal health provider'' means a doula or - lactation consultant. - (2) Covered beneficiary; tricare program.--The terms - ``covered beneficiary'' and ``TRICARE program'' have the - meanings given those terms in section 1072 of title 10, United - States Code. - Subtitle C--Matters Relating to COVID-19 -SEC. 721. COVID-19 MILITARY HEALTH SYSTEM REVIEW PANEL. - + SEC. 731. COVID-19 MILITARY HEALTH SYSTEM REVIEW PANEL. (a) Establishment.--The Secretary of Defense shall establish a panel to be known as the ``COVID-19 Military Health System Review Panel'' (in this section referred to as the ``panel''). (b) Composition.-- - (1) Members.--The panel shall be composed of the following - members: - (A) The President of the Uniformed Services - University of the Health Sciences. - (B) The Director of the Defense Health Agency. - (C) The Surgeon General of the Army. - (D) The Surgeon General of the Navy. - (E) The Surgeon General of the Air Force. - (F) The Joint Staff Surgeon. - (G) The Deputy Assistant Secretary of Defense for - Health Readiness Policy and Oversight. - (H) The Deputy Assistant Secretary of Defense for - Health Resources Management and Policy. - (2) Chairperson.--The chairperson of the panel shall be the - President of the Uniformed Services University of the Health - Sciences. - (3) Terms.--Each member shall be appointed for the life of - the panel. + (1) Members.--The panel shall be composed of the following + members: + (A) The President of the Uniformed Services University of + the Health Sciences. + (B) The Director of the Defense Health Agency. + (C) The Surgeon General of the Army. + (D) The Surgeon General of the Navy. + (E) The Surgeon General of the Air Force. + (F) The Joint Staff Surgeon. + (G) The Deputy Assistant Secretary of Defense for Health + Readiness Policy and Oversight. + (H) The Deputy Assistant Secretary of Defense for Health + Resources Management and Policy. + (2) Chairperson.--The chairperson of the panel shall be the + President of the Uniformed Services University of the Health + Sciences. + (3) Terms.--Each member shall be appointed for the life of the + panel. (c) Duties.-- - (1) In general.--The panel shall-- - (A) review the response of the military health - system to the coronavirus disease 2019 (COVID-19) and - the effects of COVID-19 on such system, including by - analyzing any strengths or weaknesses of such system - identified as a result COVID-19; and - (B) using information from the review, make such - recommendations as the panel considers appropriate with - respect to any policy, practice, organization, manning - level, funding level, or legislative authority relating - to the military health system. - (2) Elements of review.--In conducting the review under - paragraph (1), each member of the panel shall lead a review of - at least one of the following elements, with respect to the - military health system: - (A) Policy, including any policy relating to force - health protection or medical standards for the - appointment, enlistment, or induction of individuals - into the Armed Forces. - (B) Public health activities, including any - activity relating to risk communication, surveillance, - or contact tracing. - (C) Research, diagnostics, and therapeutics. - (D) Logistics and technology. - (E) Force structure and manning. - (F) Governance and organization. - (G) Operational capabilities and operational - support. - (H) Education and training. - (I) Health benefits under the TRICARE program. - (J) Engagement and security activities relating to - global health. - (K) The financial impact of COVID-19 on the - military health system. + (1) In general.--The panel shall-- + (A) review the response of the military health system to + the coronavirus disease 2019 (COVID-19) and the effects of + COVID-19 on such system, including by analyzing any strengths + or weaknesses of such system identified as a result COVID-19; + and + (B) using information from the review, make such + recommendations as the panel considers appropriate with respect + to any policy, practice, organization, manning level, funding + level, or legislative authority relating to the military health + system. + (2) Elements of review.--In conducting the review under + paragraph (1), each member of the panel shall lead a review of at + least one of the following elements, with respect to the military + health system: + (A) Policy, including any policy relating to force health + protection or medical standards for the appointment, + enlistment, or induction of individuals into the Armed Forces. + (B) Public health activities, including any activity + relating to risk communication, surveillance, or contact + tracing. + (C) Research, diagnostics, and therapeutics. + (D) Logistics and technology. + (E) Force structure and manning. + (F) Governance and organization. + (G) Operational capabilities and operational support. + (H) Education and training. + (I) Health benefits under the TRICARE program. + (J) Engagement and security activities relating to global + health. + (K) The financial impact of COVID-19 on the military health + system. (d) Report.--Not later than June 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report that includes the findings of the panel as a result of the review under -subsection (c)(1)(A), together with such recommendations as the panel -considers appropriate under subsection (c)(1)(B). +subsection (c)(1)(A) and such recommendations as the panel considers +appropriate under subsection (c)(1)(B). (e) Termination.--The panel shall terminate on June 1, 2021. - -SEC. 722. COVID-19 GLOBAL WAR ON PANDEMICS. - + SEC. 732. DEPARTMENT OF DEFENSE PANDEMIC PREPAREDNESS. (a) Strategy.--The Secretary of Defense shall develop a strategy for pandemic preparedness and response that includes the following: - (1) Identification of activities necessary to be carried - out prior to a pandemic to ensure preparedness and effective - communication of roles and responsibilities within the - Department of Defense, including-- - (A) reviewing the frequency of each exercise - conducted by the Department or a military department - that relates to a pandemic or severe influenza season - or related force health protection; - (B) ensuring such exercises are appropriately - planned, resourced, and practiced; - (C) including a consideration of the capabilities - and capacities necessary to carry out the strategy - under this section, and related operations for force - health protection, and ensuring that these are included - in each cost evaluation, Defense-wide review, or - manning assessment of the Department of Defense that - affects such capabilities and capacities; - (D) reviewing the placement, exploring broader - utilization of global health engagement liaisons, and - increasing the scope of global health activities of the - Department of Defense; - (E) assessing a potential career track relating to - health protection research for members of the Armed - Forces and civilian employees of the Department of - Defense; - (F) providing to members of the Armed Forces - guidance on force health protection prior to and during - a pandemic or severe influenza season, including - guidance on specific behaviors or actions required, - such as self-isolating, social distancing, and - additional protective measures to be carried out after - contracting a novel virus or influenza; - (G) reviewing and updating the inventory of medical - supplies and equipment of the Department of Defense - that is available for operational support to the - combatant commands prior to and during a pandemic (such - as vaccines, biologics, drugs, preventive medicine, - antiviral medicine, and equipment relating to trauma - support), including a review of-- - (i) the sufficiency of prepositioned - stocks; and - (ii) the effectiveness of the Warstopper - Program of the Defense Logistics Agency, or - such successor program; - (H) reviewing and updating distribution plans of - the Department of Defense for critical medical supplies - and equipment within the inventory of the Department of - Defense, including vaccines and antiviral medicines; - and - (I) reviewing and updating research on infectious - diseases and preventive medicine conducted by the - military health system, including research conducted by - the Health Related Communities of Interest of the - Department of Defense, the Joint Program Committees, - the overseas medical laboratories of the Department of - Defense, the Armed Forces Health Surveillance Branch, - or other elements of the Department of Defense that - conduct research in support of members of the Armed - Forces or beneficiaries under the TRICARE program. - (2) Review of Department of Defense systems for health - surveillance and detection to ensure continuous situational - awareness and early warning with respect to a pandemic, - including a review of-- - (A) the levels of funding and investment, and the - overall value, of the Global Emerging Infections - Surveillance and Response System of the Department of - Defense, including the value demonstrated by the role - of such system in-- - (i) improving the Department of Defense - prevention and surveillance of, and the - response to, infectious diseases that may - impact members of the Armed Forces; - (ii) informing decisions relating to force - health protection across the geographic - combatant commands; - (iii) ensuring laboratory readiness to - support pandemic response efforts and to - understand infectious disease threats to the - Armed Forces; and - (iv) coordinating and collaborating with - partners, such as the geographic combatant - commands, other Federal agencies, and - international partners; - (B) the levels of funding and investment, and the - overall value, of the overseas medical laboratories of - the Department of Defense, including the value - demonstrated by the role of such laboratories in - conducting research and forming partnerships with other - elements of the Department of Defense, other Federal - agencies, international partners in the country in - which such laboratory is located, and, as applicable, - the private sector of the United States; and - (C) the levels of funding and investment, and the - overall value, of the Direct HIV/AIDS Prevention - Program of the Department of Defense, including the - value demonstrated by the role of such program in - developing (in coordination with other Federal - agencies) programs for the prevention, care, and - treatment of the human immunodeficiency virus infection - and acquired immune deficiency syndrome. - (3) Identification of activities to limit the spread of an - infectious disease outbreak among members of the Armed Forces - and beneficiaries under the TRICARE program, including - activities to mitigate the health, social, and economic impacts - of a pandemic on such members and beneficiaries, including by-- - (A) reviewing the role of the Department of Defense - in the National Disaster Medical System under section - 2812 of the Public Health Service Act (42 U.S.C. 300hh- - 11) and implementing plans across the Department that - leverage medical facilities, personnel, and response - capabilities of the Federal Government to support - requirements under such Act relating to medical surge - capacity; - (B) determining the range of public health - capacity, medical surge capacity, administrative - capacity, and veterinary capacity necessary for the - Armed Forces to-- - (i) support operations during a pandemic; - and - (ii) develop mechanisms to reshape force - structure during such pandemic as necessary - (contingent upon primary mission requirements); - and - (C) determining the range of activities for - operational medical support and infrastructure - sustainment that the Department of Defense and other - Federal agencies have the capacity to implement during - a pandemic (contingent upon primary mission - requirements), and develop plans for the implementation - of such activities. - (b) Study on Response to COVID-19.--The Secretary shall conduct a -study on the response of the military health system to the coronavirus -disease 2019 (COVID-19). + (1) Identification of activities necessary to be carried out + prior to a pandemic to ensure preparedness and effective + communication of roles and responsibilities within the Department + of Defense, including-- + (A) reviewing the frequency of each exercise conducted by + the Department, a military department, or Defense Agency that + relates to a pandemic or severe influenza season or related + force health protection scenario; + (B) ensuring such exercises are appropriately planned, + resourced, and practiced; + (C) including a consideration of the capabilities and + capacities necessary to carry out the strategy under this + section, and related operations for force health protection, + and ensuring that these are included in each cost evaluation, + Defense-wide review, or manning assessment of the Department of + Defense that affects such capabilities and capacities; + (D) reviewing the placement, exploring broader utilization + of global health engagement liaisons, and increasing the scope + of global health activities of the Department of Defense; + (E) assessing a potential career track relating to health + protection research for members of the Armed Forces and + civilian employees of the Department of Defense; + (F) providing to members of the Armed Forces guidance on + force health protection prior to and during a pandemic or + severe influenza season, including guidance on specific + behaviors or actions required, such as self-isolating, social + distancing, and additional protective measures to be carried + out after contracting a novel virus or influenza; + (G) reviewing and updating the inventory of medical + supplies and equipment of the Department of Defense that is + available for operational support to the combatant commands + prior to and during a pandemic (such as vaccines, biologics, + drugs, preventive medicine, antiviral medicine, and equipment + relating to trauma support), including a review of-- + (i) the sufficiency of prepositioned stocks; and + (ii) the effectiveness of the Warstopper Program of the + Defense Logistics Agency, or such successor program; + (H) reviewing and updating distribution plans of the + Department of Defense for critical medical supplies and + equipment within the inventory of the Department of Defense, + including vaccines and antiviral medicines; and + (I) reviewing and updating research on infectious diseases + and preventive medicine conducted by the military health + system, including research conducted by the Health Related + Communities of Interest of the Department of Defense, the Joint + Program Committees, the overseas medical laboratories of the + Department of Defense, the Armed Forces Health Surveillance + Branch, or other elements of the Department of Defense that + conduct research in support of members of the Armed Forces or + beneficiaries under the TRICARE program. + (2) Review of Department of Defense systems for health + surveillance and detection to ensure continuous situational + awareness and early warning with respect to a pandemic, including a + review of-- + (A) the levels of funding and investment, and the overall + value, of the Global Emerging Infections Surveillance and + Response System of the Department of Defense, including the + value demonstrated by the role of such system in-- + (i) improving the Department of Defense prevention and + surveillance of, and the response to, infectious diseases + that may impact members of the Armed Forces; + (ii) informing decisions relating to force health + protection across the geographic combatant commands; + (iii) ensuring laboratory readiness to support pandemic + response efforts and to understand infectious disease + threats to the Armed Forces; and + (iv) coordinating and collaborating with partners, such + as the geographic combatant commands, other Federal + agencies, and international partners; + (B) the levels of funding and investment, and the overall + value, of the overseas medical laboratories of the Department + of Defense, including the value demonstrated by the role of + such laboratories in conducting research and forming + partnerships with other elements of the Department of Defense, + other Federal agencies, international partners in the country + in which such laboratory is located, and, as applicable, the + private sector of the United States; and + (C) the levels of funding and investment, and the overall + value, of the Direct HIV/AIDS Prevention Program of the + Department of Defense, including the value demonstrated by the + role of such program in developing (in coordination with other + Federal agencies) programs for the prevention, care, and + treatment of the human immunodeficiency virus infection and + acquired immune deficiency syndrome. + (3) Identification of activities to limit the spread of an + infectious disease outbreak among members of the Armed Forces and + beneficiaries under the TRICARE program, including activities to + mitigate the health, social, and economic impacts of a pandemic on + such members and beneficiaries, including by-- + (A) reviewing the role of the Department of Defense in the + National Disaster Medical System under section 2812 of the + Public Health Service Act (42 U.S.C. 300hh-11) and implementing + plans across the Department that leverage medical facilities, + personnel, and response capabilities of the Federal Government + to support requirements under such Act relating to medical + surge capacity; + (B) determining the range of public health capacity, + medical surge capacity, administrative capacity, and veterinary + capacity necessary for the Armed Forces to-- + (i) support operations during a pandemic; and + (ii) develop mechanisms to reshape force structure + during such pandemic as necessary (contingent upon primary + mission requirements); and + (C) determining the range of activities for operational + medical support and infrastructure sustainment that the + Department of Defense and other Federal agencies have the + capacity to implement during a pandemic (contingent upon + primary mission requirements), and develop plans for the + implementation of such activities. + (b) Study on Response to COVID-19.--In addition to the review under +section 731, the Secretary shall conduct a study on the response of the +military health system to the coronavirus disease 2019 (COVID-19). (c) Report.--Not later than June 1, 2021, the Secretary shall submit to the congressional defense committees a report containing-- - (1) the strategy under subsection (a); and - (2) the study under subsection (b), including any findings - or recommendations from the study that relate to an element of - the strategy under subsection (a), such as recommended changes - to policy, funding, practices, manning, organization, or - legislative authority. - (d) Inspector General Report on Response to COVID-19.--Not later -than June 1, 2021, the Inspector General of the Department of Defense -shall submit to the congressional defense committees and the Secretary -of Defense a report on-- - (1) the total dollar amount of waste, fraud, and abuse - uncovered in any Department of Defense spending under the - Defense Production Act of 1950 with respect to the COVID-19 - pandemic; and - (2) any recommendations on how to combat waste, fraud, and - abuse in future spending related to pandemic preparedness and - response. - -SEC. 723. REGISTRY OF TRICARE BENEFICIARIES DIAGNOSED WITH COVID-19. - - (a) Establishment.--Not later than June 1, 2021, the Secretary of -Defense shall establish and maintain a registry of TRICARE -beneficiaries who have been diagnosed with COVID-19. - (b) Contents.--The registry under subsection (a) shall include, -with respect to each TRICARE beneficiary included in the registry, the -following: - (1) The demographic information of the beneficiary. - (2) Information on the industrial or occupational history - of the beneficiary, to the extent such information is available - in the records regarding the COVID-19 diagnosis of the - beneficiary. - (3) Administrative information regarding the COVID-19 - diagnosis of the beneficiary, including the date of the - diagnosis and the location and source of the test used to make - the diagnosis. - (4) Any symptoms of COVID-19 manifested in the beneficiary. - (5) Any treatments for COVID-19 taken by the beneficiary, - or other medications taken by the beneficiary, when the - beneficiary was diagnosed with COVID-19. - (6) Any pathological data characterizing the incidence of - COVID-19 and the type of treatment for COVID-19 provided to the - beneficiary. - (7) Information on any respiratory illness of the - beneficiary recorded prior to the COVID-19 diagnosis of the - beneficiary. - (8) Any information regarding the beneficiary contained in - the Airborne Hazards and Open Burn Pit Registry established - under section 201 of the Dignified Burial and Other Veterans' - Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. - 527, note). - (9) Any other information determined appropriate by the - Secretary. - (c) Report.--Not later than 180 days after the date of the + (1) the strategy under subsection (a); and + (2) the study under subsection (b), including any findings or + recommendations from the study that relate to an element of the + strategy under subsection (a), such as recommended changes to + policy, funding, practices, manning, organization, or legislative + authority. + SEC. 733. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF THE + NATIONAL GUARD SERVING UNDER ORDERS IN RESPONSE TO THE + CORONAVIRUS (COVID-19). + (a) In General.--The Secretary of Defense shall provide to a member +of the National Guard separating from active service after serving on +full-time National Guard duty pursuant to section 502(f) of title 32, +United States Code, the health benefits authorized under section 1145 +of title 10, United States Code, for a member of a reserve component +separating from active duty, as referred to in subsection (a)(2)(B) of +such section 1145, if the active service from which the member of the +National Guard is separating was in support of the whole of government +response to the coronavirus (COVID-19). + (b) Definitions.--In this section, the terms ``active duty'', +``active service'', and ``full-time National Guard duty'' have the +meanings given those terms in section 101(d) of title 10, United States +Code. + SEC. 734. REGISTRY OF CERTAIN TRICARE BENEFICIARIES DIAGNOSED WITH + COVID-19. + (a) Establishment.--Not later than June 1, 2021, and subject to +subsection (b), the Secretary of Defense shall establish and maintain a +registry of covered TRICARE beneficiaries who have been diagnosed with +COVID-19. + (b) Right of Beneficiary to Opt Out.--A covered TRICARE beneficiary +may elect to opt out of inclusion in the registry under subsection (a). + (c) Contents.--The registry under subsection (a) shall include, +with respect to each covered TRICARE beneficiary included in the +registry, the following: + (1) The demographic information of the beneficiary. + (2) Information on the industrial or occupational history of + the beneficiary, to the extent such information is available in the + records regarding the COVID-19 diagnosis of the beneficiary. + (3) Administrative information regarding the COVID-19 diagnosis + of the beneficiary, including the date of the diagnosis and the + location and source of the test used to make the diagnosis. + (4) Any symptoms of COVID-19 manifested in the beneficiary. + (5) Any treatments for COVID-19 taken by the beneficiary, or + other medications taken by the beneficiary, when the beneficiary + was diagnosed with COVID-19. + (6) Any pathological data characterizing the incidence of + COVID-19 and the type of treatment for COVID-19 provided to the + beneficiary. + (7) Information on any respiratory illness of the beneficiary + recorded prior to the COVID-19 diagnosis of the beneficiary. + (8) Any information regarding the beneficiary contained in the + Airborne Hazards and Open Burn Pit Registry established under + section 201 of the Dignified Burial and Other Veterans' Benefits + Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). + (9) Any other information determined appropriate by the + Secretary. + (d) 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 House of Representatives and the Senate a report on establishing the registry under subsection (a), including-- - (1) a plan to implement the registry; - (2) the cost of implementing the registry; - (3) the location of the registry; and - (4) any recommended legislative changes with respect to - establishing the registry. - (d) TRICARE Beneficiary Defined.--In this section, the term -``TRICARE beneficiary'' means the following: - (1) An individual covered by section 1074(a) of title 10, - United States Code. - (2) A covered beneficiary (as defined in section 1072 of - title 10, United States Code). - -SEC. 724. PANDEMIC HEALTH ASSESSMENTS EVALUATE EXPOSURE TO OPEN BURN - PITS AND TOXIC AIRBORNE CHEMICALS. - + (1) a plan to implement the registry; + (2) the cost of implementing the registry; + (3) the location of the registry; and + (4) any recommended legislative changes with respect to + establishing the registry. + (e) Covered TRICARE Beneficiary Defined.--In this section, the term +``covered TRICARE beneficiary'' means an individual who is enrolled in +the direct care system under the TRICARE program and is treated for or +diagnosed with COVID-19 at a military medical treatment facility. + SEC. 735. HEALTH ASSESSMENTS OF VETERANS DIAGNOSED WITH PANDEMIC + DISEASES TO DETERMINE EXPOSURE TO OPEN BURN PITS AND TOXIC + AIRBORNE CHEMICALS. (a) Exposure to Open Burn Pits and Toxic Airborne Chemicals or -Other Airborne Contaminants as Part of Health Assessments for Members -of the Armed Forces and Veterans During a Pandemic and Inclusion of -Information in Registry.-- - (1) Health assessment.--The Secretary of Defense and - Secretary of Veterans Affairs shall ensure that the first - health assessment conducted for a member of the Armed Forces or - veteran after the individual tested positive for a virus - certified by the Federal Government as a pandemic includes an - evaluation of whether the individual has been-- - (A) based or stationed at a location where an open - burn pit was used; or - (B) exposed to toxic airborne chemicals or other - airborne contaminants relating to service in the Armed - Forces, including an evaluation of any information - recorded as part of the Airborne Hazards and Open Burn - Pit Registry. - (2) Inclusion of individuals in registry.--If an evaluation - conducted under paragraph (1) with respect to an individual - establishes that the individual was based or stationed at a - location where an open burn pit was used, or that the - individual was exposed to toxic airborne chemicals or other - airborne contaminants, the individual shall be enrolled in the - Airborne Hazards and Open Burn Pit Registry unless the member - elects to not enroll in such registry. - (3) Rule of construction.--Nothing in this subsection may - be construed to preclude eligibility of a veteran for benefits - under the laws administered by the Secretary of Veterans - Affairs by reason of the history of exposure of the veteran to - an open burn pit not being recorded in an evaluation conducted - under paragraph (1). - (4) Definitions.--In this subsection: - (A) Airborne hazards and open burn pit registry.-- - The term ``Airborne Hazards and Open Burn Pit - Registry'' means the registry established by the - Secretary of Veterans Affairs under section 201 of the - Dignified Burial and Other Veterans' Benefits - Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. - 527 note). - (B) Open burn pit.--The term ``open burn pit'' has - the meaning given that term in section 201(c) of the - Dignified Burial and Other Veterans' Benefits - Improvement Act of 2012 (Public Law 112-260; 126 Stat. - 2422; 38 U.S.C. 527 note). +Other Airborne Contaminants as Part of Health Assessments for Veterans +During a Pandemic and Inclusion of Information in Registry.-- + (1) Health assessments and physical examinations.--The + Secretary of Veterans Affairs shall ensure that the first health + assessment or physical examination furnished to a veteran under the + laws administered by the Secretary after the veteran tests positive + for a pathogen, such as a virus, with respect to which a public + health emergency has been declared under section 319 of the Public + Health Service Act (42 U.S.C. 247d) includes an evaluation of + whether the veteran has been-- + (A) based or stationed at a location where an open burn pit + was used; or + (B) exposed to toxic airborne chemicals or other airborne + contaminants relating to service in the Armed Forces, including + an evaluation of any information recorded as part of the + Airborne Hazards and Open Burn Pit Registry. + (2) Inclusion of individuals in registry.--If an evaluation + conducted under paragraph (1) with respect to a veteran establishes + that the veteran was based or stationed at a location where an open + burn pit was used, or that the individual was exposed to toxic + airborne chemicals or other airborne contaminants, the individual + shall be enrolled in the Airborne Hazards and Open Burn Pit + Registry unless the veteran elects to not enroll in such registry. + (3) Rule of construction.--Nothing in this subsection may be + construed to preclude eligibility of a veteran for benefits under + the laws administered by the Secretary of Veterans Affairs by + reason of the history of exposure of the veteran to an open burn + pit not being recorded in an evaluation conducted under paragraph + (1). (b) Study on Impact of Viral Pandemics on Members of Armed Forces and Veterans Who Have Experienced Toxic Exposure.-- - (1) In general.--The Secretary of Veterans Affairs shall - conduct a study, through the Airborne Hazards and Burn Pits - Center of Excellence (in this subsection referred to as the - ``Center''), on the health impacts of infection with a virus - designated as a global pandemic, including a coronavirus, to - members of the Armed Forces and veterans who have been exposed - to open burn pits and other toxic exposures for the purposes of - understanding the health impacts of the virus and whether - individuals infected with the virus are at increased risk of - severe symptoms due to previous conditions linked to toxic - exposure. - (2) Preparation for future pandemic.--The Secretary, - through the Center, shall analyze potential lessons learned - through the study conducted under paragraph (1) to assist in - preparing the Department of Veterans Affairs for potential - future pandemics. - (3) Definitions.--In this subsection: - (A) Coronavirus.--The term ``coronavirus'' has the - meaning given that term in section 506 of the - Coronavirus Preparedness and Response Supplemental - Appropriations Act, 2020 (Public Law 116-123). - (B) Open burn pit.--The term ``open burn pit'' has - the meaning given that term in section 201(c) of the - Dignified Burial and Other Veterans' Benefits - Improvement Act of 2012 (Public Law 112-260; 126 Stat. - 2422; 38 U.S.C. 527 note). - -SEC. 725. PROVISION OF INFORMATION REGARDING COVID-19 IN MULTIPLE - LANGUAGES. - - (a) Translation of Materials.--The Secretary of Defense shall-- - (1) translate any written material of the Department of - Defense prepared in the English language for the general public - relating to the COVID-19 pandemic into the languages specified - in subsection (b) by not later than 7 days after the date on - which such material is made available; and - (2) make such translated written material available to the - public. - (b) Languages Specified.--The languages specified in this -subsection are the following: - (1) Arabic. - (2) Cambodian. - (3) Chinese. - (4) French. - (5) Greek. - (6) Haitian Creole. - (7) Hindi. - (8) Italian. - (9) Japanese. - (10) Korean. - (11) Laotian. - (12) Polish. - (13) Portuguese. - (14) Russian. - (15) Spanish. - (16) Tagalog. - (17) Thai. - (18) Urdu. - (19) Vietnamese. - (c) Definition of COVID-19 Pandemic.--In this section, the term -``COVID-19 pandemic'' means the public health emergency declared by the -Secretary of Health and Human Services pursuant to section 319 of the -Public Health Service Act on January 31, 2020, entitled ``Determination -that a Public Health Emergency Exists Nationwide as the Result of the -2019 Novel Coronavirus''. - -SEC. 726. STUDY OF SUBSTANCE USE DISORDERS AMONG MEMBERS OF THE ARMED - FORCES AND VETERANS DURING THE COVID-19 PUBLIC HEALTH - EMERGENCY. - - (a) In General.--The Secretaries shall conduct a study on substance -use disorders among the relevant population before and during the -COVID-19 public health emergency. The study shall include the -following: - (1) Analysis of data about the relevant population who - overdosed from opioids or other illicit substances during the - public health emergency, using appropriate control samples and - comparing to existing population data. - (2) Analysis of fatal opioid and other illicit substances - overdose deaths among the relevant population during the public - health emergency, using appropriate control samples and - comparing to existing population data. - (3) Analysis of the prevalence of alcohol use disorder - among the relevant population during the public health - emergency, using existing data to identify any new trends. - (4) Analysis of the association between overdose deaths and - suicide among the relevant population. - (5) An overview of the resources from relevant Federal - agencies, including the Department of Defense, the United - States Department of Veterans Affairs, the Substance Abuse and - Mental Health Services Administration, the Centers for Disease - Control and Prevention, and the National Institutes of Health, - that were distributed to the relevant population during the - public health emergency, including methods of dissemination. - (6) An analysis of the utilization of recovery services and - barriers to access the services at the Veterans Health - Administration and the Military Health System by different - modes of delivery, such as telehealth, inpatient, outpatient, - intensive outpatient, and residential services, during the - public health emergency. - (7) Identification of key areas in which relevant Federal - agencies can improve their pandemic response as it relates to - substance use disorders and overdoses among the relevant - population, including steps that can be taken to improve the - preparedness of the agencies for future public health - emergencies declared by the Secretary under section 319 of the - Public Health Service Act. - (b) Reports.-- - (1) Interim report.--Within 120 days after the COVID-19 - public health emergency ends, the Secretaries shall submit to - the appropriate committees an interim report that contains an - update on the status of the study required by subsection (a). - (2) Final report.--Not later than 2 years after the COVID- - 19 public health emergency ends, the Secretaries shall submit - to the appropriate committees a final report that contains the - results of the study. - (c) Definitions.--In this section: - (1) Appropriate committees.--The term ``appropriate - committees'' means the Committee on Armed Services and the - Committee on Veterans' Affairs of the House of Representatives - and the Committee on Armed Services and the Committee on - Veterans' Affairs of the Senate. - (2) COVID-19 public health emergency.--The term ``COVID-19 - public health emergency'' means the public health emergency - declared by the Secretary of Health and Human Services on - January 27, 2020, with respect to the 2019 Novel Coronavirus. - (3) Relevant population.--The term ``relevant population'' - means members of the Armed Forces and veterans. - (4) Secretaries.--The term ``Secretaries'' means the - Secretary of Defense and the Secretary of Veterans Affairs. + (1) In general.--The Secretary of Veterans Affairs shall + conduct a study, through the Airborne Hazards and Burn Pits Center + of Excellence (in this subsection referred to as the ``Center''), + on the health impacts of infection with a pathogen, such as a + virus, with respect to which a public health emergency has been + declared under section 319 of the Public Health Service Act (42 + U.S.C. 247d), including a coronavirus, to members of the Armed + Forces and veterans who have been exposed to open burn pits and + other toxic exposures for the purposes of understanding the health + impacts of the pathogen and whether individuals infected with the + pathogen are at increased risk of severe symptoms due to previous + conditions linked to toxic exposure. + (2) Preparation for future pandemic.--The Secretary, through + the Center, shall analyze potential lessons learned through the + study conducted under paragraph (1) to assist in preparing the + Department of Veterans Affairs for potential future pandemics. + (c) Definitions.--In this subsection: + (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 ``coronavirus'' has the meaning given that term in + section 506 of the Coronavirus Preparedness and Response + Supplemental Appropriations Act, 2020 (Public Law 116-123). + (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; 126 Stat. + 2422; 38 U.S.C. 527 note). + SEC. 736. COMPTROLLER GENERAL STUDY ON DELIVERY OF MENTAL HEALTH + SERVICES TO MEMBERS OF THE ARMED FORCES DURING THE COVID-19 + PANDEMIC. + (a) In General.--The Comptroller General of the United States shall +conduct a study on the delivery of Federal, State, and private mental +health services to members of the Armed Forces during the COVID-19 +pandemic. + (b) Elements.--The study conducted under subsection (a) shall-- + (1) review any strategies used to combat existing stigma + surrounding mental health conditions that might deter members of + the Armed Forces from seeking care; + (2) review guidance to commanding officers at all levels on the + mental health ramifications of the COVID-19 crisis; + (3) assess the need for additional training and support for + mental health care professionals of the Department of Defense with + respect to supporting individuals who are concerned for the health + of themselves and their family members, or grieving the loss of + loved ones, because of COVID-19; + (4) assess the strategy of the Department of Defense to + leverage telemedicine to ensure safe access to mental health + services; + (5) identify all programs associated with services described in + such subsection; + (6) specify gaps or barriers to mental health care access that + could result in delayed or insufficient mental health care support + to members of the Armed Forces; and + (7) evaluate the mental health screening requirements for + members of the Armed Forces immediately before, during, and after-- + (A) Federal deployment under title 10, United States Code; + or + (B) State deployment under title 32, United States Code. + (c) Report.--Not later than one year after the date of the +enactment of this Act, the Comptroller General shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report on the study conducted under subsection (a). Subtitle D--Reports and Other Matters -SEC. 731. MODIFICATIONS TO PILOT PROGRAM ON CIVILIAN AND MILITARY - PARTNERSHIPS TO ENHANCE INTEROPERABILITY AND MEDICAL - SURGE CAPABILITY AND CAPACITY OF NATIONAL DISASTER - MEDICAL SYSTEM. - + SEC. 741. MODIFICATIONS TO PILOT PROGRAM ON CIVILIAN AND MILITARY + PARTNERSHIPS TO ENHANCE INTEROPERABILITY AND MEDICAL SURGE + CAPABILITY AND CAPACITY OF NATIONAL DISASTER MEDICAL SYSTEM. Section 740 of the National Defense Authorization Act for Fiscal -Year 2020 (Public Law 116-92) is amended-- - (1) in subsection (a)-- - (A) by striking ``The Secretary of Defense may'' - and inserting ``Beginning not later than 180 days after - the date of the enactment of the National Defense - Authorization Act for Fiscal Year 2021, the Secretary - of Defense shall''; and - (B) by striking ``and the Secretary of - Transportation'' and inserting ``the Secretary of - Transportation, and the Administrator of the Federal - Emergency Management Agency''; - (2) in subsection (d), by striking ``and the Secretary of - Transportation'' and inserting ``the Secretary of - Transportation, and the Administrator of the Federal Emergency - Management Agency''; and - (3) in subsection (f)-- - (A) by striking ``the Committees on Armed Services - of the Senate and the House of Representatives'' each - place it appears and inserting ``the appropriate - congressional committees''; - (B) in paragraph (1)(B)(i), by inserting before the - period the following: ``, including a recommendation - for at least one of the locations selected under - subsection (c)''; and - (C) by adding at the end the following new - paragraph: - ``(3) Appropriate congressional committees defined.--In - this subsection, the term `appropriate congressional - committees' means the following: - ``(A) The Committee on Armed Services, the - Committee on Transportation and Infrastructure, the - Committee on Veterans' Affairs, the Committee on - Homeland Security, and the Committee on Energy and - Commerce of the House of Representatives. - ``(B) The Committee on Armed Services, the - Committee on Commerce, Science, and Transportation, the - Committee on Veterans' Affairs, the Committee on - Homeland Security and Governmental Affairs, and the - Committee on Health, Education, Labor, and Pensions of - the Senate.''. - -SEC. 732. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES AND - SUICIDE PREVENTION PROGRAMS AND ACTIVITIES OF THE - DEPARTMENT OF DEFENSE. - - Section 741(a)(2) of the National Defense Authorization Act for -Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1467) is amended-- - (1) in subparagraph (B), by adding at the end the following - new clause: - ``(iii) The 1-year period following the - date on which the member returns from such a - deployment.''; - (2) by redesignating subparagraphs (D) through (H) as - subparagraphs (E) through (I), respectively; - (3) by inserting after subparagraph (C) the following new - subparagraph (D): - ``(D) The number of suicides involving a member who - was prescribed a medication to treat a mental health or - behavioral health diagnosis during the 1-year period - preceding the death.''; and - (4) by adding at the end the following new subparagraph: - ``(J) A description of the programs carried out by - the military departments to address and reduce the - stigma associated with seeking assistance for mental - health or suicidal thoughts.''. - -SEC. 733. CLARIFICATION OF RESEARCH UNDER JOINT TRAUMA EDUCATION AND - TRAINING DIRECTORATE AND INCLUSION OF MILITARY WORKING - DOGS. - - (a) In General.--Subsection (b) of section 708 of the National -Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 -U.S.C. 1071 note) is amended-- - (1) in paragraph (7), by striking ``of members of the Armed - Forces'' and inserting ``with respect to both members of the - Armed Forces and military working dogs''; and - (2) by striking paragraph (9) and inserting the following - new paragraph: - ``(9) To inform and advise the conduct of research on the - leading causes of morbidity and mortality of members of the - Armed Forces and military working dogs in combat.''. - (b) Veterinarians in Personnel Management Plan.--Subsection (d)(1) -of such section is amended-- - (1) by redesignating subparagraph (F) as subparagraph (G); - and - (2) by inserting after subparagraph (E) the following new - subparagraph: - ``(F) Veterinary care.''. - -SEC. 734. EXTENSION OF THE JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF - VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION PROJECT. - +Year 2020 (Public Law 116-92; 133 Stat. 1465) is amended-- + (1) in subsection (a)-- + (A) by striking ``The Secretary of Defense may'' and + inserting ``Beginning not later than September 30, 2021, the + Secretary of Defense shall''; + (B) by striking ``health care organizations, institutions, + and entities'' and inserting ``health care organizations, + health care institutions, health care entities, academic + medical centers of institutions of higher education, and + hospitals''; and + (C) by striking ``in the vicinity of major aeromedical and + other transport hubs and logistics centers of the Department of + Defense''; + (2) in subsection (b), by striking ``may'' and inserting + ``shall''; + (3) by redesignating subsections (d) through (f) as subsections + (e) through (g), respectively; + (4) by striking subsection (c) and inserting the following new + subsections: + ``(c) Lead Official for Design and Implementation of Pilot +Program.-- + ``(1) In general.--The Assistant Secretary of Defense for + Health Affairs shall be the lead official for the design and + implementation of the pilot program under subsection (a). + ``(2) Resources.--The Assistant Secretary of Defense for Health + Affairs shall leverage the resources of the Defense Health Agency + for execution of the pilot program under subsection (a) and shall + coordinate with the Chairman of the Joint Chiefs of Staff for the + duration of the pilot program, including for the duration of any + period of design or planning for the pilot program. + ``(d) Locations.-- + ``(1) In general.--The Secretary of Defense shall carry out the + pilot program under subsection (a) at not fewer than five locations + in the United States that are located at or near an organization, + institution, entity, center, or hospital specified in subsection + (a) with established expertise in disaster health preparedness and + response and trauma care that augment and enhance the effectiveness + of the pilot program. + ``(2) Phased selection of locations.-- + ``(A) Initial selection.--Not later than March 31, 2021, + the Assistant Secretary of Defense for Health Affairs, in + consultation with the Secretary of Veterans Affairs, the + Secretary of Health and Human Services, the Secretary of + Homeland Security, and the Secretary of Transportation, shall + select not fewer than two locations at which to carry out the + pilot program. + ``(B) Subsequent selection.--Not later than the end of the + one-year period following selection of the locations under + subparagraph (A), the Assistant Secretary of Defense for Health + Affairs, in consultation with the Secretaries specified in + subparagraph (A), shall select not fewer than two additional + locations at which to carry out the pilot program until not + fewer than five locations are selected in total under this + paragraph. + ``(3) Consideration for locations.--In selecting locations for + the pilot program under subsection (a), the Secretary shall + consider-- + ``(A) the proximity of the location to civilian or military + transportation hubs, including airports, railways, interstate + highways, or ports; + ``(B) the proximity of the location to an organization, + institution, entity, center, or hospital specified in + subsection (a) with the ability to accept a redistribution of + casualties during times of war; + ``(C) the proximity of the location to an organization, + institution, entity, center, or hospital specified in + subsection (a) with the ability to provide trauma care training + opportunities for medical personnel of the Department of + Defense; and + ``(D) the proximity of the location to existing academic + medical centers of institutions of higher education, facilities + of the Department, or other institutions that have established + expertise in the areas of-- + ``(i) highly infectious disease; + ``(ii) biocontainment; + ``(iii) quarantine; + ``(iv) trauma care; + ``(v) combat casualty care; + ``(vi) the National Disaster Medical System under + section 2812 of the Public Health Service Act (42 U.S.C. + 300hh-11); + ``(vii) disaster health preparedness and response; + ``(viii) medical and public health management of + biological, chemical, radiological, or nuclear hazards; or + ``(ix) such other areas of expertise as the Secretary + considers appropriate. + ``(4) Priority for locations.--In selecting locations for the + pilot program under subsection (a), the Secretary shall give + priority to locations that would facilitate public-private + partnerships with academic medical centers of institutions of + higher education, hospitals, and other entities with facilities + that have an established history of providing clinical care, + treatment, training, and research in the areas described in + paragraph (3)(D) or other specializations determined important by + the Secretary for purposes of the pilot program.''; + (5) by striking subsection (g), as redesignated by paragraph + (2), and inserting the following: + ``(g) Reports.-- + ``(1) Initial report.-- + ``(A) In general.--Not later than 180 days after the + commencement of the pilot program under subsection (a), the + Secretary shall submit to the appropriate congressional + committees a report on the pilot program. + ``(B) Elements.--The report under subparagraph (A) shall + include the following: + ``(i) A description of the pilot program. + ``(ii) The requirements established under subsection + (e). + ``(iii) The evaluation metrics established under + subsection (f). + ``(iv) Such other matters relating to the pilot program + as the Secretary considers appropriate. + ``(2) Final report.--Not later than 180 days after the + completion of the pilot program under subsection (a), the Secretary + shall submit to the appropriate congressional committees a report + on the pilot program.''; and + (6) by adding at the end the following new subsection: + ``(h) Definitions.--In this section: + ``(1) The term `appropriate congressional committees' means-- + ``(A) The Committee on Armed Services, the Committee on + Transportation and Infrastructure, the Committee on Veterans' + Affairs, the Committee on Homeland Security, and the Committee + on Energy and Commerce of the House of Representatives. + ``(B) The Committee on Armed Services, the Committee on + Commerce, Science, and Transportation, the Committee on + Veterans' Affairs, the Committee on Homeland Security and + Governmental Affairs, and the Committee on Health, Education, + Labor, and Pensions of the Senate. + ``(2) The term `institution of higher education' means a four- + year institution of higher education, as defined in section 101(a) + of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''. + SEC. 742. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES AND + SUICIDE PREVENTION PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF + DEFENSE. + Section 741(a)(2) of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1467) is amended-- + (1) in subparagraph (B), by adding at the end the following new + clause: + ``(iii) The one-year period following the date on which + the member returns from such a deployment.''; + (2) by redesignating subparagraphs (D) through (H) as + subparagraphs (E) through (I), respectively; + (3) by inserting after subparagraph (C) the following new + subparagraph (D): + ``(D) The number of suicides involving a member who was + prescribed a medication to treat a mental health or behavioral + health diagnosis during the one-year period preceding the + death.''; and + (4) by adding at the end the following new subparagraph: + ``(J) A description of the programs carried out by the + military departments to address and reduce the stigma + associated with seeking assistance for mental health or + suicidal thoughts.''. + SEC. 743. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE- + DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION + FUND. Section 1704(e) of the National Defense Authorization Act for -Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567), as most recently -amended by section 732 of the National Defense Authorization Act for -Fiscal Year 2020 (Public Law 116-92), is further amended by striking -``September 30, 2021'' and inserting ``September 30, 2023''. - -SEC. 735. INFORMATION SHARING BY SECRETARY OF DEFENSE REGARDING - PREVENTION OF INFANT AND MATERNAL MORTALITY. - - (a) Authorization of Information Sharing.--The Secretary of Defense -may enter into memoranda of understanding with State and local health -authorities to share the practices of, and lessons learned by, the -military health system for the prevention of infant and maternal -mortality. - (b) State Defined.--In this section, the term ``State'' means each -State, the District of Columbia, each commonwealth, territory or -possession of the United States, and each federally recognized Indian -Tribe. - -SEC. 736. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-TRAUMATIC - STRESS DISORDER RESEARCH BETWEEN UNITED STATES AND - ISRAEL. - - (a) Sense of Congress.--It is the sense of Congress that the -Secretary of Defense, acting through the Psychological Health and -Traumatic Brain Injury Research Program, should seek to explore -scientific collaboration between American academic institutions and -nonprofit research entities, and Israeli institutions with expertise in -researching, diagnosing, and treating post-traumatic stress disorder. - (b) Grant Program.--The Secretary of Defense, in coordination with -the Secretary of Veterans Affairs and the Secretary of State, shall -award grants to eligible entities to carry out collaborative research -between the United States and Israel with respect to post-traumatic -stress disorders. The Secretary of Defense shall carry out the grant -program under this section in accordance with the agreement titled -``Agreement Between the Government of the United States of America and -the Government of Israel on the United States-Israel Binational Science -Foundation'', dated September 27, 1972. - (c) Eligible Entities.--To be eligible to receive a grant under -this section, an entity shall be an academic institution or a nonprofit -entity located in the United States. - (d) Award.--The Secretary shall award grants under this section to -eligible entities that-- - (1) carry out a research project that-- - (A) addresses a requirement in the area of post- - traumatic stress disorders that the Secretary - determines appropriate to research using such grant; - and - (B) is conducted by the eligible entity and an - entity in Israel under a joint research agreement; and - (2) meet such other criteria that the Secretary may - establish. - (e) Application.--To be eligible to receive a grant under this -section, an eligible entity shall submit an application to the -Secretary at such time, in such manner, and containing such commitments -and information as the Secretary may require. - (f) Gift Authority.--The Secretary may accept, hold, and -administer, any gift of money made on the condition that the gift be -used for the purpose of the grant program under this section. Such -gifts of money accepted under this subsection shall be deposited in the -Treasury in the Department of Defense General Gift Fund and shall be -available, subject to appropriation, without fiscal year limitation. - (g) Reports.--Not later than 180 days after the date on which an -eligible entity completes a research project using a grant under this -section, the Secretary shall submit to Congress a report that -contains-- - (1) a description of how the eligible entity used the - grant; and - (2) an evaluation of the level of success of the research - project. - (h) Termination.--The authority to award grants under this section -shall terminate on the date that is 7 years after the date on which the -first such grant is awarded. - -SEC. 737. PILOT PROGRAM ON CRYOPRESERVATION AND STORAGE. - - (a) Pilot Program.--The Secretary of Defense shall establish a -pilot program to provide not more than 1,000 members of the Armed -Forces serving on active duty with the opportunity to cryopreserve and -store their gametes prior to deployment to a combat zone. - (b) Period.-- - (1) In general.--The Secretary shall provide for the - cryopreservation and storage of gametes of a participating - member of the Armed Forces under subsection (a), at no cost to - the member, in a facility of the Department of Defense or at a - private entity pursuant to a contract under subsection (d) - until the date that is 1 year after the retirement, separation, - or release of the member from the Armed Forces. - (2) Continued cryopreservation and storage.--At the end of - the 1-year period specified in paragraph (1), the Secretary - shall authorize an individual whose gametes were cryopreserved - and stored in a facility of the Department as described in that - paragraph to select, including pursuant to an advance medical - directive or military testamentary instrument completed under - subsection (c), one of the following options: - (A) To continue such cryopreservation and storage - in such facility with the cost of such cryopreservation - and storage borne by the individual. - (B) To transfer the gametes to a private - cryopreservation and storage facility selected by the - individual. - (C) To authorize the Secretary to dispose of the - gametes of the individual not earlier than the date - that is 90 days after the end of the 1-year period - specified in paragraph (1) with respect to the - individual. - (c) Advance Medical Directive and Military Testamentary -Instrument.--A member of the Armed Forces who elects to cryopreserve -and store their gametes under this section shall complete an advance -medical directive described in section 1044c(b) of title 10, United -States Code, and a military testamentary instrument described in -section 1044d(b) of such title, that explicitly specifies the use of -their cryopreserved and stored gametes if such member dies or otherwise -loses the capacity to consent to the use of their cryopreserved and -stored gametes. - (d) Agreements.--To carry out this section, the Secretary may enter -into agreements with private entities that provide cryopreservation and -storage services for gametes. - -SEC. 738. PILOT PROGRAM ON PARENTS SERVING AS CERTIFIED NURSING - ASSISTANTS FOR CHILDREN UNDER TRICARE PROGRAM. - - (a) Pilot Program.--The Director of the Defense Health Agency may -carry out a pilot program under which an eligible parent serves as a -certified nursing assistant under the TRICARE program with respect to -providing personal care services to a covered child. - (b) Duration.--If the Director carries out the pilot program under -subsection (a), the Director shall carry out the pilot program for a -period of 18 months. - (c) Briefing.--If the Director carries out the pilot program under -subsection (a), not later than 1 year after the date of the enactment -of this Act, the Director shall provide to the congressional defense -committees a briefing on the pilot program. - (d) Report.--If the Director carries out the pilot program under -subsection (a), not later than 180 days after the date of the -completion of the pilot program, the Director shall submit to the -congressional defense committees a report on the pilot program. The -report shall include-- - (1) the cost of the program; - (2) an analysis of whether the pilot program met - established performance metrics; - (3) an analysis of whether the pilot program provided the - standard of care to the patient that is required; and - (4) the recommendation of the Director regarding whether - the pilot program should be made permanent. - (e) Definitions.--In this section: - (1) The term ``covered child'' means a covered beneficiary - described in section 1072(2)(D) of title 10, United States - Code, who-- - (A) is the child of a member of the uniformed - services serving on active duty; and - (B) is eligible for private duty nursing under the - Extended Care Health Option under subsections (d) - through (f) of section 1079 of such title. - (2) The term ``eligible parent'' means an individual who - is-- - (A) a certified nursing assistant; and - (B) the parent of a covered child. - (3) The term ``personal care services'' means personal care - services prescribed by a medical doctor and provided by a - certified nursing assistant under the supervision and guidance - of a registered nurse case manager. - (4) The term ``TRICARE program'' has the meaning given that - term in section 1072 of title 10, United States Code. - -SEC. 739. STUDY ON INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY AMONG - PILOTS IN THE ARMED FORCES. - - (a) Study.--Not later than 180 days after the date of the enactment -of this Act, the Secretary of Defense shall seek to enter into an -agreement with the National Academies of Sciences, Engineering, and -Medicine to conduct a study to-- - (1) determine the incidence of cancer diagnosis and - mortality among members, and former members, of the Armed - Forces who serve as pilots compared to such members who do not - serve as pilots, including by determining such incidence based - on gender, age, flying hours, Armed Force, and type of - aircraft; and - (2) determine the appropriate age to begin screening such - members for cancer, including by determining such age based on - gender, flying hours, Armed Force, and type of aircraft. - (b) Submission.--Not later than 2 years after the date on which the -Secretary enters into the agreement under subsection (a), the Secretary -shall submit to the appropriate congressional committees a report on -the findings from the study under such subsection. - (c) Definitions.--In this section: - (1) The term ``appropriate congressional committees'' - means-- - (A) the Committees on Armed Services and Veterans' - Affairs of the House of Representatives; and - (B) the Committees on Armed Services and Veterans' - Affairs of the Senate. - (2) The term ``Armed Forces'' means each Armed Force under - the jurisdiction of the Secretary of a military department. - (3) The term ``pilot'' includes an individual who - frequently accompanies a pilot in a cockpit, such as a - navigator. - -SEC. 740. REPORT ON DIET AND NUTRITION OF MEMBERS OF THE ARMED FORCES. - +Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), as most recently +amended by section 732(4)(B) of the National Defense Authorization Act +for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1460), is further +amended by striking ``September 30, 2021'' and inserting ``September +30, 2022''. + SEC. 744. MILITARY HEALTH SYSTEM CLINICAL QUALITY MANAGEMENT + PROGRAM. + (a) In General.--The Secretary of Defense, acting through the +Director of the Defense Health Agency, shall implement a comprehensive +program to be known as the ``Military Health System Clinical Quality +Management Program'' (in this section referred to as the ``Program''). + (b) Elements of Program.--The Program shall include, at a minimum, +the following: + (1) The implementation of systematic procedures to eliminate, + to the extent feasible, risk of harm to patients at military + medical treatment facilities, including through identification, + investigation, and analysis of events indicating a risk of patient + harm and corrective action plans to mitigate such risks. + (2) With respect to a potential sentinel event (including those + involving members of the Armed Forces) at a military medical + treatment facility-- + (A) an analysis of such event, which shall occur and be + documented as soon as possible after the event; + (B) use of such analysis for clinical quality management; + and + (C) reporting of such event to the National Practitioner + Data Bank in accordance with guidelines of the Secretary of + Health and Human Services under the Health Care Quality + Improvement Act of 1986 (42 U.S.C. 11101 et seq.), giving + special emphasis to the results of external peer reviews of the + event. + (3) Validation of provider credentials and granting of clinical + privileges by the Director of the Defense Health Agency for all + health care providers at a military medical treatment facility. + (4) Accreditation of military medical treatment facilities by a + recognized external accreditation body. + (5) Systematic measurement of indicators of health care + quality, emphasizing clinical outcome measures, comparison of such + indicators with benchmarks from leading health care quality + improvement organizations, and transparency with the public of + appropriate clinical measurements for military medical treatment + facilities. + (6) Systematic activities emphasized by leadership at all + organizational levels to use all elements of the Program to + eliminate unwanted variance throughout the health care system of + the Department of Defense and make constant improvements in + clinical quality. + (7) A full range of procedures for productive communication + between patients and health care providers regarding actual or + perceived adverse clinical events at military medical treatment + facilities, including procedures-- + (A) for full disclosure of such events (respecting the + confidentiality of peer review information under a medical + quality assurance program under section 1102 of title 10, + United States Code); + (B) providing an opportunity for the patient to be heard in + relation to quality reviews; and + (C) to resolve patient concerns by independent, neutral + health care resolution specialists. + (c) Additional Clinical Quality Management Activities.-- + (1) In general.--In addition to the elements of the Program set + forth in subsection (b), the Secretary shall establish and maintain + clinical quality management activities in relation to functions of + the health care system of the Department separate from delivery of + health care services in military medical treatment facilities. + (2) Health care delivery outside military medical treatment + facilities.--In carrying out paragraph (1), the Secretary shall + maintain policies and procedures to promote clinical quality in + health care delivery on ships and planes, in deployed settings, and + in all other circumstances not covered by subsection (b), with the + objective of implementing standards and procedures comparable, to + the extent practicable, to those under such subsection. + (3) Purchased care system.--In carrying out paragraph (1), the + Secretary shall maintain policies and procedures for health care + services provided outside the Department but paid for by the + Department, reflecting best practices by public and private health + care reimbursement and management systems. + SEC. 745. WOUNDED WARRIOR SERVICE DOG PROGRAM. + (a) Program.--The Secretary of Defense shall establish a program, +to be known as the ``Wounded Warrior Service Dog Program'', to provide +assistance dogs to covered members and covered veterans. + (b) Definitions.--In this section: + (1) The term ``assistance dog'' means a dog specifically + trained to perform physical tasks to mitigate the effects of a + covered disability, except that the term does not include a dog + specifically trained for comfort or personal defense. + (2) The term ``covered disability'' means any of the following: + (A) Blindness or visual impairment. + (B) Loss of use of a limb, paralysis, or other significant + mobility issues. + (C) Loss of hearing. + (D) Traumatic brain injury. + (E) Post-traumatic stress disorder. + (F) Any other disability that the Secretary of Defense + considers appropriate. + (3) The term ``covered member'' means a member of the Armed + Forces who is-- + (A) receiving medical treatment, recuperation, or therapy + under chapter 55 of title 10, United States Code; + (B) in medical hold or medical holdover status; or + (C) covered under section 1202 or 1205 of title 10, United + States Code. + (4) The term ``covered veteran'' means a veteran who is + enrolled in the health care system established under section + 1705(a) of title 38, United States Code. + SEC. 746. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION + PROJECT. + (a) Demonstration Project Required.--Not later than one year after +the date of the enactment of this Act, the Secretary of Defense shall +commence carrying out a demonstration project designed to evaluate the +cost, quality of care, and impact on maternal and fetal outcomes of +using extramedical maternal health providers under the TRICARE program +to determine the appropriateness of making coverage of such providers +under the TRICARE program permanent. + (b) Elements of Demonstration Project.--The demonstration project +under subsection (a) shall include, for participants in the +demonstration project, the following: + (1) Access to doulas. + (2) Access to lactation consultants or lactation counselors who + are not otherwise authorized to provide services under the TRICARE + program. + (c) Participants.--The Secretary shall establish a process under +which covered beneficiaries may enroll in the demonstration project to +receive the services provided under the demonstration project. + (d) Duration.--The Secretary shall carry out the demonstration +project for a period of five years beginning on the date on which +notification of the commencement of the demonstration project is +published in the Federal Register. + (e) Surveys.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, and annually thereafter for the duration of + the demonstration project, the Secretary shall administer a survey + to determine-- + (A) how many members of the Armed Forces or spouses of such + members give birth while their spouse or birthing partner is + unable to be present due to deployment, training, or other + mission requirements; + (B) how many single members of the Armed Forces give birth + alone; and + (C) how many members of the Armed Forces or spouses of such + members use doula, lactation consultant, or lactation counselor + support. + (2) Matters covered by surveys.--The surveys administered under + paragraph (1) shall include an identification of the following: + (A) The race, ethnicity, age, sex, relationship status, + Armed Force, military occupation, and rank, as applicable, of + each individual surveyed. + (B) If individuals surveyed were members of the Armed + Forces or the spouses of such members, or both. + (C) The length of advanced notice received by individuals + surveyed that the member of the Armed Forces would be unable to + be present during the birth, if applicable. + (D) Any resources or support that the individuals surveyed + found useful during the pregnancy and birth process, including + doula, lactation consultant, or lactation counselor support. + (f) Reports.-- + (1) Implementation plan.--Not later than 180 days after the + date of the enactment of this Act, the Secretary shall submit to + the Committees on Armed Services of the House of Representatives + and the Senate a plan to implement the demonstration project. + (2) Annual report.-- + (A) In general.--Not later than one year after the date on + which the demonstration project commences, and annually + thereafter for the duration of the demonstration project, the + Secretary shall submit to the Committees on Armed Services of + the House of Representatives and the Senate a report on the + cost of the demonstration project and the effectiveness of the + demonstration project in improving quality of care and the + maternal and fetal outcomes of covered beneficiaries enrolled + in the demonstration project. + (B) Matters covered.--Each report submitted under + subparagraph (A) shall address, at a minimum, the following: + (i) The number of covered beneficiaries who are + enrolled in the demonstration project. + (ii) The number of enrolled covered beneficiaries who + have participated in the demonstration project. + (iii) The results of the surveys under subsection (e). + (iv) The cost of the demonstration project. + (v) An assessment of the quality of care provided to + participants in the demonstration project. + (vi) An assessment of the impact of the demonstration + project on maternal and fetal outcomes. + (vii) An assessment of the effectiveness of the + demonstration project. + (viii) Recommendations for adjustments to the + demonstration project. + (ix) The estimated costs avoided as a result of + improved maternal and fetal health outcomes due to the + demonstration project. + (x) Recommendations for extending the demonstration + project or implementing permanent coverage under the + TRICARE program of extramedical maternal health providers. + (xi) An identification of legislative or administrative + action necessary to make the demonstration project + permanent. + (C) Final report.--The final report under subparagraph (A) + shall be submitted not later than 90 days after the date on + which the demonstration project terminates. + (g) Expansion of Demonstration Project.-- + (1) Regulations.--If the Secretary determines that the + demonstration project is successful, the Secretary may prescribe + regulations to include extramedical maternal health providers as + health care providers authorized to provide care under the TRICARE + program. + (2) Credentialing and other requirements.--The Secretary may + establish credentialing and other requirements for doulas, + lactation consultants, and lactation counselors through public + notice and comment rulemaking for purposes of including doulas, + lactation consultants, and lactation counselors as health care + providers authorized to provide care under the TRICARE program + pursuant to regulations prescribed under paragraph (1). + (h) Definitions.--In this section: + (1) The terms ``covered beneficiary'' and ``TRICARE program'' + have the meanings given those terms in section 1072 of title 10, + United States Code. + (2) The term ``extramedical maternal health provider'' means a + doula, lactation consultant, or lactation counselor. + SEC. 747. BRIEFING ON DIET AND NUTRITION OF MEMBERS OF THE ARMED + FORCES. Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to the congressional defense -committees a report on the diet and nutrition of members of the Armed -Forces. The report shall describe the following: - (1) The relationship between the diet and nutrition of - members and the health, performance, and combat effectiveness - of members. - (2) The relationship between diets high in Omega-3 fatty - acids, or other diets that may lower inflammation and obesity, - and improved mental health. - (3) The extent to which the food and beverages offered at - the dining halls of the Armed Forces as of the date of the - report are designed to optimize the health, performance, and - combat effectiveness of members according to science-based - approaches. - (4) The plan of the Secretary to improve the health, - performance, and combat effectiveness of members by modifying - the food and beverages offered at the dining halls of the Armed - Forces, including in ways that minimize the change members. - (5) Expected costs and timeline to implement such plan, - including any expected savings from reduced medical costs. - -SEC. 741. REPORT ON COSTS AND BENEFITS OF ALLOWING RETIRED MEMBERS OF - THE ARMED FORCES TO CONTRIBUTE TO HEALTH SAVINGS - ACCOUNTS. - - (a) Report.--Not later than 180 days after the date of the -enactment of this Act, the Assistant Secretary of Defense for Health -Affairs shall submit to the congressional defense committees a report -on the costs and benefits of allowing covered individuals to make -contributions to a health savings account. - (b) Matters.--The report under subsection (a) shall include a -description of the following: - (1) Any anticipated cost savings as a result of allowing - covered individuals to make contributions to health savings - accounts. - (2) Any anticipated increase in health care options - available to covered individuals as a result of allowing such - contributions. - (3) Any anticipated disruption or delay in health services - or benefits for covered individuals as a result of allowing - such contributions. - (c) Definitions.--In this section: - (1) The term ``covered individual''-- - (A) means a beneficiary covered by subsection (c) - of section 1086 of title 10, United States Code; and - (B) includes a Medicare-eligible beneficiary - described in subsection (d)(2) of such section. - (2) The term ``health savings account'' has the meaning - given that term in section 223(d) of the Internal Revenue Code - of 1986. - -SEC. 742. STUDY ON TOXIC EXPOSURE AT KARSHI-KHANABAD AIR BASE, - UZBEKISTAN. - +Act, the Secretary of Defense shall provide to the Committees on Armed +Services of the Senate and the House of Representatives a briefing on +the diet and nutrition of members of the Armed Forces. The briefing +shall describe the following: + (1) The relationship between the diet and nutrition of members + and the health, performance, and combat effectiveness of members. + (2) The relationship between diets high in omega 3 fatty acids, + or other diets that may lower inflammation and obesity, and + improved mental health. + (3) The extent to which the food and beverages offered at the + dining halls of the Armed Forces as of the date of the briefing are + designed to optimize the health, performance, and combat + effectiveness of members according to science-based approaches. + (4) The plan of the Secretary to improve the health, + performance, and combat effectiveness of members by modifying the + food and beverages offered at such dining halls, including in ways + that minimize the change for members. + (5) Expected costs and timeline to implement such plan, + including any projected costs or savings from reduced medical costs + if the plan is implemented. + SEC. 748. AUDIT OF MEDICAL CONDITIONS OF RESIDENTS IN PRIVATIZED + MILITARY HOUSING. + (a) Audit.--Not later than 90 days after the date of the enactment +of this Act, the Inspector General of the Department of Defense shall +commence the conduct of an audit of-- + (1) the medical conditions of eligible individuals and the + association between adverse exposures of such individuals in unsafe + or unhealthy housing units and the health of such individuals; and + (2) the process under section 3053 of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1943), including whether such process will adequately address + resolution of environmental health hazards identified as a result + of the inspections and assessments conducted pursuant to sections + 3051(b) and 3052(b) of such Act (Public Law 116-92; 133 Stat. 1941 + and 1942). + (b) Content of Audit.--In conducting the audit under subsection +(a), the Inspector General shall-- + (1) determine the percentage of units of privatized military + housing that are considered by the Inspector General to be unsafe + or unhealthy housing units and visit at least one military + installation of the Department of Defense from each of the Army, + Navy, Air Force, and Marine Corps to verify that such units are + unsafe or unhealthy housing units; + (2) study the adverse exposures of eligible individuals that + relate to residing in an unsafe or unhealthy housing unit and the + effect of such exposures on the health of such individuals; + (3) determine, to the extent permitted by available scientific + data, the association between such adverse exposures and the + occurrence of a medical condition in eligible individuals residing + in unsafe or unhealthy housing units and provide quantifiable data + on such association; + (4) review the process to identify, record, and resolve + environmental health hazards developed by the Secretary of Defense + under section 3053 of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1943); + (5) review the inspections and assessments conducted pursuant + to sections 3051(b) and 3052(b) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1941 and 1942); + (6) study the relationship between the process specified in + paragraph (4) and any environmental health hazards identified as a + result of the inspections and assessments specified in paragraph + (5) to determine whether such process will adequately address + resolution of such hazards and complaints that relate to such + hazards made by eligible individuals residing in privatized + military housing; and + (7) make such recommendations as the Inspector General may have + to improve the process specified in paragraph (4). + (c) Conduct of Audit.--The Inspector General shall conduct the +audit under subsection (a) using the same privacy preserving guidelines +used by the Inspector General in conducting other audits of health +records. + (d) Source of Data.--In conducting the audit under subsection (a), +the Inspector General shall use-- + (1) de-identified data from electronic health records of the + Department; + (2) records of claims under the TRICARE program; and + (3) such other data as determined necessary by the Inspector + General. + (e) Submission and Public Availability of Report.--Not later than +one year after the commencement of the audit under subsection (a), the +Inspector General shall-- + (1) submit to the Secretary of Defense and the Committees on + Armed Services of the Senate and the House of Representatives a + report on the results of the audit conducted under subsection (a), + including any recommendations made under subsection (b)(7); and + (2) publish such report on a publicly available internet + website of the Department of Defense. + (f) Definitions.--In this section: + (1) The term ``eligible individual'' means a member of the + Armed Forces or a family member of a member of the Armed Forces who + has resided in an unsafe or unhealthy housing unit. + (2) The term ``privatized military housing'' means military + housing provided under subchapter IV of chapter 169 of title 10, + United States Code. + (3) The term ``TRICARE program'' has the meaning given such + term section 1072 of title 10, United States Code. + (4) The term ``unsafe or unhealthy housing unit'' means a unit + of privatized military housing in which is present, at levels + exceeding national standards or guidelines, at least one of the + following hazards: + (A) Physiological hazards, including the following: + (i) Dampness or microbial growth. + (ii) Lead-based paint. + (iii) Asbestos or manmade fibers. + (iv) Ionizing radiation. + (v) Biocides. + (vi) Carbon monoxide. + (vii) Volatile organic compounds. + (viii) Infectious agents. + (ix) Fine particulate matter. + (B) Psychological hazards, including ease of access by + unlawful intruders or lighting issues. + (C) Poor ventilation. + (D) Safety hazards. + (E) Other similar hazards as determined by the Inspector + General. + SEC. 749. ASSESSMENT OF RECEIPT BY CIVILIANS OF EMERGENCY MEDICAL + TREATMENT AT MILITARY MEDICAL TREATMENT FACILITIES. + (a) Assessment.--Not later than one year after the date of the +enactment of this Act, the Comptroller General of the United States +shall complete an assessment of the provision by the Secretary of +Defense of emergency medical treatment to civilians who are not covered +beneficiaries at military medical treatment facilities during the +period beginning on October 1, 2015, and ending on September 30, 2020. + (b) Elements of Assessment.--The assessment under subsection (a) +shall include, with respect to civilians who received emergency medical +treatment at a military medical treatment facility during the period +specified in such paragraph, the following: + (1) The total fees charged to such civilians for such treatment + and the total fees collected. + (2) The amount of medical debt from such treatment that was + garnished from such civilians, categorized by garnishment from + Social Security benefits, tax refunds, wages, or other financial + assets. + (3) The number of such civilians from whom medical debt from + such treatment was garnished. + (4) The total fees for such treatment that were waived for such + civilians. + (5) With respect to medical debt incurred by such civilians + from such treatment-- + (A) the amount of such debt that was collected by the + Secretary of Defense; + (B) the amount of such debt still owed to the Department of + Defense; and + (C) the amount of such debt transferred from the Department + of Defense to the Department of the Treasury for collection. + (6) The number of such civilians from whom such medical debt + was collected who did not possess medical insurance at the time of + such treatment. + (7) The number of such civilians from whom such medical debt + was collected who collected Social Security benefits at the time of + such treatment. + (8) The number of such civilians from whom such medical debt + was collected who, at the time of such treatment, earned-- + (A) less than the poverty line; + (B) less than 200 percent of the poverty line; + (C) less than 300 percent of the poverty line; and + (D) less than 400 percent of the poverty line. + (9) An assessment of the process through which military medical + treatment facilities seek to recover unpaid medical debt from such + civilians, including whether the Secretary of Defense contracts + with private debt collectors to recover such unpaid medical debt. + (10) An assessment of the process, if any, through which such + civilians can apply to have medical debt for such treatment waived, + forgiven, canceled, or otherwise determined to not be a financial + obligation of the civilian. + (11) Such other information as the Comptroller General + determines appropriate. + (c) Reports.--The Comptroller General shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives-- + (1) not later than December 1, 2021, a report containing + preliminary observations with respect to the assessment under + subsection (a); and + (2) at such time and in such format as is mutually agreed upon + by the committees and the Comptroller General, a report containing + the final results of such assessment. + (d) Definitions.--In this section: + (1) The term ``civilian'' means an individual who is not-- + (A) a member of the Armed Forces; + (B) a contractor of the Department of Defense; or + (C) a civilian employee of the Department. + (2) The term ``covered beneficiary'' has the meaning given that + term in section 1072(5) of title 10, United States Code. + (3) The term ``poverty line'' has the meaning given that term + in section 673 of the Community Services Block Grant Act (42 U.S.C. + 9902). + SEC. 750. STUDY ON THE INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY + AMONG MILITARY AVIATORS AND AVIATION SUPPORT PERSONNEL. (a) Study.-- - (1) In general.--The Secretary of Defense shall conduct a - study on toxic exposure by members of the Armed Forces deployed - to Karshi-Khanabad Air Base, Uzbekistan, at any time during the - period beginning October 1, 2001, and ending December 31, 2005. - (2) Matters included.--The study under paragraph (1) shall - include the following: - (A) An assessment regarding the conditions of - Karshi-Khanabad Air Base, Uzbekistan, during the period - beginning October 1, 2001, and ending December 31, - 2005, including an identification of toxic substances - contaminating the Air Base during such period. - (B) An epidemiological study of the health - consequences of a member of the Armed Forces deployed - to the Air Base during such period. - (C) An assessment of any association between - exposure to toxic substances identified under - subparagraph (A) and the health consequences studied - under subparagraph (B). + (1) In general.--The Secretary of Defense, in conjunction with + the Directors of the National Institutes of Health and the National + Cancer Institute, shall conduct a study on cancer among covered + individuals in two phases as provided in this subsection. + (2) Phase 1.-- + (A) In general.--Under the initial phase of the study + conducted under paragraph (1), the Secretary of Defense shall + determine if there is a higher incidence of cancers occurring + for covered individuals as compared to similar age groups in + the general population through the use of the database of the + Surveillance, Epidemiology, and End Results program of the + National Cancer Institute. + (B) Report.--Not later than one year after the date of the + enactment of this Act, the Secretary shall submit to the + appropriate committees of Congress a report on the findings of + the initial phase of the study under subparagraph (A). + (3) Phase 2.-- + (A) In general.--If, pursuant to the initial phase of the + study under paragraph (2), the Secretary concludes that there + is an increased rate of cancers among covered individuals, the + Secretary shall conduct a second phase of the study under which + the Secretary shall do the following: + (i) Identify the carcinogenic toxins or hazardous + materials associated with military flight operations from + shipboard or land bases or facilities, such as fuels, + fumes, and other liquids. + (ii) Identify the operating environments, including + frequencies or electromagnetic fields, where exposure to + ionizing radiation (associated with high altitude flight) + and nonionizing radiation (associated with airborne, + ground, and shipboard radars) occurred in which covered + individuals could have received increased radiation + amounts. + (iii) Identify, for each covered individual, duty + stations, dates of service, aircraft flown, and additional + duties (including Landing Safety Officer, Catapult and + Arresting Gear Officer, Air Liaison Officer, Tactical Air + Control Party, or personnel associated with aircraft + maintenance, supply, logistics, fuels, or transportation) + that could have increased the risk of cancer for such + covered individual. + (iv) Determine locations where a covered individual + served or additional duties of a covered individual that + are associated with higher incidences of cancers. + (v) Identify potential exposures due to service in the + Armed Forces that are not related to aviation, such as + exposure to burn pits or toxins in contaminated water, + embedded in the soil, or inside bases or housing. + (vi) Determine the appropriate age to begin screening + covered individuals for cancer based on race, gender, + flying hours, period of service as aviation support + personnel, Armed Force, type of aircraft, and mission. + (B) Data.--The Secretary shall format all data included in + the study conducted under this paragraph in accordance with the + Surveillance, Epidemiology, and End Results program of the + National Cancer Institute, including by disaggregating such + data by race, gender, and age. + (C) Report.--Not later than one year after the submittal of + the report under paragraph (2)(B), if the Secretary conducts + the second phase of the study under this paragraph, the + Secretary shall submit to the appropriate committees of + Congress a report on the findings of the study conducted under + this paragraph. + (4) Use of data from previous studies.--In conducting the study + under this subsection, the Secretary of Defense shall incorporate + data from previous studies conducted by the Air Force, the Navy, or + the Marine Corps that are relevant to the study under this + subsection, including data from the comprehensive study conducted + by the Air Force identifying each covered individual and + documenting the cancers, dates of diagnoses, and mortality of each + covered individual. + (b) Definitions.--In this section: + (1) The term ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services and the Committee on + Veterans' Affairs of the Senate; and + (B) the Committee on Armed Services and the Committee on + Veterans' Affairs of the House of Representatives. + (2) The term ``Armed Forces''-- + (A) has the meaning given the term ``armed forces'' in + section 101 of title 10, United States Code; and + (B) includes the reserve components named in section 10101 + of such title. + (3) The term ``covered individual''-- + (A) means an aviator or aviation support personnel who-- + (i) served in the Armed Forces on or after February 28, + 1961; and + (ii) receives benefits under chapter 55 of title 10, + United States Code; and + (B) includes any air crew member of fixed-wing aircraft and + personnel supporting generation of the aircraft, including + pilots, navigators, weapons systems operators, aircraft system + operators, personnel associated with aircraft maintenance, + supply, logistics, fuels, or transportation, and any other crew + member who regularly flies in an aircraft or is required to + complete the mission of the aircraft. + SEC. 751. STUDY ON EXPOSURE TO TOXIC SUBSTANCES AT KARSHI-KHANABAD + AIR BASE, UZBEKISTAN. + (a) Study.-- + (1) In general.--The Secretary of Defense shall conduct a study + on exposure to toxic substances by members of the Armed Forces + deployed to Karshi-Khanabad Air Base, Uzbekistan, at any time + during the period beginning on October 1, 2001, and ending on + December 31, 2005. + (2) Matters included.--The study under paragraph (1) shall + include the following: + (A) An assessment regarding the conditions of Karshi- + Khanabad Air Base, Uzbekistan, during the period beginning on + October 1, 2001, and ending on December 31, 2005, including an + identification of any toxic substances contaminating the Air + Base during such period. + (B) An epidemiological study of the health consequences of + members of the Armed Forces deployed to the Air Base at any + time during such period. + (C) An assessment of any association between exposure to + toxic substances identified under subparagraph (A) and the + health consequences studied under subparagraph (B). (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the study under subsection (a). - -SEC. 743. AUDIT OF MEDICAL CONDITIONS OF TENANTS IN PRIVATIZED MILITARY - HOUSING. - - (a) In General.--Not later than 90 days after the date of the -enactment of this Act, the Inspector General of the Department of -Defense shall commence the conduct of an audit of the medical -conditions of eligible individuals and the association between adverse -exposures of such individuals in unsafe or unhealthy housing units and -the health of such individuals. - (b) Content of Audit.--The audit conducted under subsection (a) -shall-- - (1) determine the percentage of units of privatized - military housing that are unsafe or unhealthy housing units; - (2) study the adverse exposures of eligible individuals - that relate to residing in an unsafe or unhealthy housing unit - and the effect of such exposures on the health of such - individuals; and - (3) determine the association, to the extent permitted by - available scientific data, and provide quantifiable data on - such association, between such adverse exposures and the - occurrence of a medical condition in eligible individuals - residing in unsafe or unhealthy housing units. - (c) Conduct of Audit.--The Inspector General of the Department -shall conduct the audit under subsection (a) using the same privacy -preserving guidelines used by the Inspector General in conducting other -audits of health records. - (d) Source of Data.--In conducting the audit under subsection (a), -the Inspector General of the Department shall use-- - (1) de-identified data from electronic health records of - the Department; - (2) records of claims under the TRICARE program (as defined - in section 1072(7) of title 10, United States Code); and - (3) such other data as determined necessary by the - Inspector General. - (e) Submittal and Public Availability of Report.--Not later than 1 -year after the commencement of the audit under subsection (a), the -Inspector General of the Department shall-- - (1) submit to the Secretary of Defense and the Committees - on Armed Services of the Senate and the House of - Representatives a report on the results of the audit conducted - under subsection (a); and - (2) publish such report on a publicly available internet - website of the Department of Defense. - (f) Definitions.--In this section: - (1) The term ``eligible individual'' means a member of the - Armed Forces or a family member of a member of the Armed Forces - who-- - (A) has resided in an unsafe or unhealthy housing - unit; and - (B) has registered under the Housing Environmental - Health Response Registry of the Army. - (2) The term ``privatized military housing'' means military - housing provided under subchapter IV of chapter 169 of title - 10, United States Code. - (3) The term ``unsafe or unhealthy housing unit'' means a - unit of privatized military housing in which, at any given - time, at least one of the following hazards is present: - (A) Physiological hazards, including the following: - (i) Dampness or microbial growth. - (ii) Lead-based paint. - (iii) Asbestos or manmade fibers. - (iv) Ionizing radiation. - (v) Biocides. - (vi) Carbon monoxide. - (vii) Volatile organic compounds. - (viii) Infectious agents. - (ix) Fine particulate matter. - (B) Psychological hazards, including ease of access - by unlawful intruders or lighting issues. - (C) Poor ventilation. - (D) Safety hazards. - (E) Other hazards as determined by the Inspector - General of the Department. - -SEC. 744. REPORT ON INTEGRATED DISABILITY EVALUATION SYSTEM. - - (a) In General.--Not later than 1 year after the date of the -enactment of this Act, the Secretary of Defense shall submit to -Congress a report on the findings of a study, conducted by the -Secretary for the purposes of the report, of the implementation and -application of the Integrated Disability Evaluation System. - (b) Matters Included.--The report under subsection (a) shall -include the following: - (1) All changes to policies and procedures applicable to - the implementation of the Integrated Disability Evaluation - System from the previous disability evaluation system. - (2) The extent to which the Integrated Disability - Evaluation System is the primary means of processing members of - the Armed Forces through the disability evaluation system - process. - (3) The extent to which the military departments and the - Defense Health Agency coordinate-- - (A) treatment of members of the Armed Forces; - (B) referrals of members of the Armed Forces to a - medical evaluation board; - (C) appointing a convening authority and staffing a - medical evaluation board; - (D) the sharing of medical documentation with a - medical evaluation board; - (E) evaluations of members of the Armed Forces for - initial or subsequent limited duty status; and - (F) a medical evaluation board referral to a - physical evaluation board. - (4) The process for members of the Armed Forces to request - an impartial medical review or rebut medical evaluation board - findings. - (5) The criteria a medical evaluation board convening - authority applies when considering such requests under - paragraph (4). - (6) The average time to process Integrated Disability - Evaluation System cases by both phase and stage (as defined in - Department of Defense Manual 1332.18) for both the active - component and reserve component. - -SEC. 745. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG MEMBERS OF - THE ARMED FORCES STATIONED AT REMOTE INSTALLATIONS - OUTSIDE THE CONTIGUOUS UNITED STATES. - + SEC. 752. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG MEMBERS + OF THE ARMED FORCES STATIONED AT REMOTE INSTALLATIONS OUTSIDE THE + CONTIGUOUS UNITED STATES. (a) Review Required.--The Comptroller General of the United States shall conduct a review of efforts by the Department of Defense to -prevent suicide among members of the Armed Forces stationed at covered -installations. +prevent suicide among covered members. (b) Elements of Review.--The review conducted under subsection (a) shall include an assessment of each of the following: - (1) Current policy guidelines of the Armed Forces on the - prevention of suicide among members of the Armed Forces - stationed at covered installations. - (2) Current suicide prevention programs of the Armed Forces - and activities for members of the Armed Forces stationed at - covered installations and their dependents, including programs - provided by the Defense Health Program and the Office of - Suicide Prevention. - (3) The integration of mental health screenings and suicide - risk and prevention efforts for members of the Armed Forces - stationed at covered installations and their dependents into - the delivery of primary care for such members and dependents. - (4) The standards for responding to attempted or completed - suicides among members of the Armed Forces stationed at covered - installations and their dependents, including guidance and - training to assist commanders in addressing incidents of - attempted or completed suicide within their units. - (5) The standards regarding data collection for members of - the Armed Forces stationed at covered installations and their - dependents, including related factors such as domestic violence - and child abuse. - (6) The means to ensure the protection of privacy of - members of the Armed Forces stationed at covered installations - and their dependents who seek or receive treatment related to - suicide prevention. - (7) The availability of information from indigenous - populations on suicide prevention for members of the Armed - Forces stationed at covered installations who are members of - such a population. - (8) The availability of information from graduate research - programs of institutions of higher education on suicide - prevention for members of the Armed Forces. - (9) Such other matters as the Comptroller General considers - appropriate in connection with the prevention of suicide among - members of the Armed Forces stationed at covered installations - and their dependents. + (1) Current policy guidelines of the Armed Forces on the + prevention of suicide among covered members. + (2) Current suicide prevention programs and activities of the + Armed Forces provided to covered members and their dependents, + including programs provided by the Defense Health Program and the + Defense Suicide Prevention Office. + (3) The integration of mental health screenings and efforts + relating to suicide risk and suicide prevention for covered members + and their dependents into the delivery of primary care for such + members and dependents. + (4) The standards for responding to attempted or completed + suicides among covered members and their dependents, including + guidance and training to assist commanders in addressing incidents + of attempted or completed suicide that occur within their units. + (5) The standards regarding data collection for covered members + and their dependents, including the collection of data on factors + that relate to suicide, such as domestic violence and child abuse. + (6) The means used to ensure the protection of privacy of + covered members and their dependents who seek or receive treatment + relating to suicide prevention. + (7) The availability of information from indigenous populations + on suicide prevention for covered members who are members of such a + population. + (8) The availability of information from graduate research + programs of institutions of higher education on suicide prevention + for members of the Armed Forces. + (9) Such other matters as the Comptroller General considers + appropriate in connection with the prevention of suicide among + covered members and their dependents. (c) Briefing and Report.--The Comptroller General shall-- - (1) not later than October 1, 2021, brief the Committees on - Armed Services of the Senate and the House of Representatives - on preliminary observations relating to the review conducted - under subsection (a); and - (2) not later than March 1, 2022, submit to the Committees - on Armed Services of the Senate and the House of - Representatives a report containing the results of such review. - (d) Covered Installation Defined.--In this section, the term -``covered installation'' means a remote installation of the Department -of Defense outside the contiguous United States. - -SEC. 746. ANTIMICROBIAL STEWARDSHIP STAFFING AT MEDICAL TREATMENT - FACILITIES OF THE DEPARTMENT OF DEFENSE. - - (a) Development of Recommendations.--Not later than 90 days after -the date of the enactment of this Act, the Secretary of Defense, in -consultation with the Centers for Disease Control and Prevention and -relevant medical societies, shall develop for its military medical -treatment facilities-- - (1) stewardship staffing recommendations, based upon - facility size and patient populations; and - (2) diagnostics stewardship recommendations to improve - antimicrobial stewardship programs. - (b) Implementation Plan.--Not later than 180 days after the date of -the enactment of this Act, the Secretary shall submit to the Committees -on Armed Services of the House of Representatives and the Senate a plan -for carrying out the recommendations developed under subsection (a) and -identify barriers to implementing such recommendations. - -SEC. 747. REPORT ON CHIROPRACTIC CARE FOR DEPENDENTS AND RETIREES UNDER - THE TRICARE PROGRAM. - - Not later than 1 year after the date of the enactment of this Act, -the Director of the Defense Health Agency shall submit to the -congressional defense committees a report on the feasibility, efficacy, -and cost of expanding coverage for chiropractic care to covered -beneficiaries under the TRICARE program (as those terms are defined in -section 1072 of title 10, United States Code). - -SEC. 748. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT MILITARY - INSTALLATIONS. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to the congressional defense -committees a report containing a study on the potential benefits and -feasibility of requiring that-- - (1) each enduring military installation located outside the - United States has at least one properly functioning medical - evacuation helicopter and at least one properly functioning - ambulance; and - (2) each such helicopter and ambulance is stocked with - appropriate emergency medical supplies. - -SEC. 749. FUNDING FOR PANCREATIC CANCER RESEARCH. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 1405 for the Defense Health Program, as specified in the -corresponding funding table in section 4501, for R&D Research is hereby -increased by $5,000,000 for the purposes of a pancreatic cancer early -detection initiative (EDI). - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 1405 for Defense Health Program, as specified in the -corresponding funding table in section 4501, for Base Operations/ -Communications is hereby reduced by $5,000,000. - -SEC. 750. REPORT ON MENTAL HEALTH TREATMENT RELATING TO PREGNANCY. - - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to -Congress a report with respect to mental health treatment relating to -pregnancy that assesses the following: - (1) The extent to which treatment for covered mental health - issues is available and accessible to active duty members of - the Armed Forces and the spouses of such members. - (2) The extent to which data on the rate of occurrence of - covered mental health issues among active duty members of the - Armed Forces, and the spouses of such members, is collected. - (3) The barriers that prevent active duty members of the - Armed Forces, and the spouses of such members, from seeking or - obtaining care for covered mental health issues. - (4) The ways in which the Department of Defense is - addressing barriers identified under paragraph (3). - (b) Covered Mental Health Issues Defined.--In this section, the -term ``covered mental health issues'' means pregnancy-related -depression, postpartum depression, and other pregnancy-related mood -disorders. - -SEC. 750A. REPORT ON COST OF EXTENDING TRICARE COVERAGE TO INDIVIDUALS - PARTICIPATING IN HEALTH PROFESSIONS SCHOLARSHIP AND - FINANCIAL ASSISTANCE PROGRAM. - - Not later than 120 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to the congressional defense -committees a report containing an analysis of the cost of providing -coverage and health care benefits under the TRICARE program to each -individual currently participating in a health professions scholarship -and financial assistance program established pursuant to section 2121 + (1) not later than October 1, 2021, brief the Committees on + Armed Services of the House of Representatives and the Senate on + preliminary observations relating to the review under subsection + (a); and + (2) not later than March 1, 2022, submit to the Committees on + Armed Services of the House of Representatives and the Senate a + report containing the results of such review. + (d) Definitions.--In this section: + (1) The term ``covered installation'' means a remote + installation of the Department of Defense located outside the + contiguous United States. + (2) The term ``covered member'' means a member of the Armed + Forces who is stationed at a covered installation. + SEC. 753. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT CERTAIN + MILITARY INSTALLATIONS. + (a) Study.--Not later than one year after the date of the enactment +of this Act, the Secretary of Defense shall submit to the Committees on +Armed Services of the House of Representatives and the Senate a report +containing a feasibility study on the use and maintenance of medical +evacuation helicopters and ground ambulances at covered military +installations. + (b) Elements.--The study under subsection (a) shall include the +following: + (1) The requirements analysis that determines whether a medical + evacuation helicopter and ground ambulance or similar vehicles are + required at covered military installations. + (2) The frequency with which such helicopters and ambulances + are inspected for maintenance and restocked with the required + supplies and equipment. + (3) The frequency with which training exercises occur involving + the use of such helicopters and ambulances. + (4) The planning factors associated with ensuring that the + capabilities provided by such helicopters and ambulances are + readily available and the contingency plans that may involve the + use of helicopters or ambulances provided by allies of the United + States or host countries. + (c) Covered Military Installation Defined.--In this section, the +term ``covered military installation'' means each military installation +outside the United States at which the Secretary anticipates the United +States will have an enduring presence. + SEC. 754. COMPTROLLER GENERAL STUDY ON PRENATAL AND POSTPARTUM + MENTAL HEALTH CONDITIONS AMONG MEMBERS OF THE ARMED FORCES AND + THEIR DEPENDENTS. + (a) Study.-- + (1) In general.--The Comptroller General of the United States + shall conduct a study on prenatal and postpartum mental health + conditions among members of the Armed Forces and the dependents of + such members. + (2) Elements.--The study under paragraph (1) shall include the + following: + (A) An assessment of-- + (i) the extent to which beneficiaries under the TRICARE + program, including members of the Armed Forces and the + dependents of such members, are diagnosed with-- + + (I) prenatal or postpartum depression; + (II) prenatal or postpartum anxiety disorder; + (III) prenatal or postpartum obsessive compulsive + disorder; + (IV) prenatal or postpartum psychosis; and + (V) other relevant mood disorders; and + + (ii) the extent to which data is collected on the + prenatal or postpartum mental health conditions specified + under clause (i). + (B) A demographic assessment of the population included in + the study with respect to race, ethnicity, sex, age, + relationship status, military service, military occupation, and + rank, where applicable. + (C) An assessment of the status of prenatal and postpartum + mental health care for beneficiaries under the TRICARE program, + including those who seek care at military medical treatment + facilities and those who rely on civilian providers. + (D) An assessment of the ease or delay for beneficiaries + under the TRICARE program in obtaining treatment for prenatal + and postpartum mental health conditions, including-- + (i) an assessment of wait times for mental health + treatment at each military medical treatment facility; and + (ii) a description of the reasons such beneficiaries + may cease seeking such treatment. + (E) A comparison of the rates of prenatal or postpartum + mental health conditions within the military community to such + rates in the civilian population, as reported by the Centers + for Disease Control and Prevention. + (F) An assessment of any effects of implicit or explicit + bias in prenatal and postpartum mental health care under the + TRICARE program, or evidence of racial or socioeconomic + barriers to such care. + (G) The extent to which treatment for mental health issues + specified under subparagraph (A)(i) is available and accessible + to members of the Armed Forces serving on active duty and the + spouses of such members. + (H) The barriers that prevent members of the Armed Forces + serving on active duty, and the spouses of such members, from + seeking or obtaining care for such mental health issues. + (I) The ways in which the Department of Defense is + addressing barriers identified under subparagraph (H). + (b) Report.--Not later than one year after the date of the +enactment of this Act, the Comptroller General shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report on the findings of the study conducted under +subsection (a), including-- + (1) recommendations for actions to be taken by the Secretary of + Defense to improve prenatal and postpartum mental health among + members of the Armed Forces and dependents of such members; and + (2) such other recommendations as the Comptroller General + determines appropriate. + (c) Definitions.--In this section, the terms ``dependent'' and +``TRICARE program'' have the meanings given those terms in section 1072 of title 10, United States Code. - -SEC. 750B. REPORT ON HEALTH CARE RECORDS OF DEPENDENTS WHO LATER SEEK - TO SERVE AS A MEMBER OF THE ARMED FORCES. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to the congressional defense -committees a report on the use by the military departments of health -care records of individuals who are dependents or former dependents of -members of the Armed Forces with respect to that individual later -serving or seeking to serve as a member of the Armed Forces. The report -shall include the following: - (1) A description of the policy of the Department of - Defense and each military department with respect to combining - the juvenile medical records of such an individual with the - military medical records of that individual who serves as a - member of the Armed Forces. - (2) The total number of cases where such juvenile medical - records were so combined with the military medical records of - the individual. - (3) The total number of cases where an individual was - either discharged, or was prevented from joining the Armed - Forces, because of the juvenile medical records of the - individual from when the individual was a dependent of a member - of the Armed Forces. - (4) The total number of cases where an individual was - granted a waiver preventing a discharge or being denied from - joining the Armed Forces as described in paragraph (3). - (5) Any actions the Secretary of Defense or a Secretary of - a military department has taken or plans to take to prevent a - discharge or being denied from joining the Armed Forces as - described in paragraph (3). - -SEC. 750C. BRIEFING ON EXTENSION OF TRICARE PRIME TO ELIGIBLE - BENEFICIARIES IN PUERTO RICO AND OTHER UNITED STATES - TERRITORIES. - - (a) Briefing.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of Defense shall provide to the -congressional defense committees a briefing on the feasibility, -benefits, and costs of extending eligibility to enroll in TRICARE Prime -to eligible beneficiaries who reside in Puerto Rico and other United -States territories. - (b) Elements.--The briefing under subsection (a) shall provide an -assessment specifically tailored to each United States territory and -include, at a minimum-- - (1) a description and update of the findings contained in - the 2019 Department of Defense report on the feasibility and - effect of extending TRICARE Prime to eligible beneficiaries - residing in Puerto Rico, as required by the conference report - accompanying the John S. McCain National Defense Authorization - Act for Fiscal Year 2019 (Public Law 115-232); - (2) an assessment of whether otherwise eligible - beneficiaries residing in Puerto Rico and other United States - territories have access to health care that is equivalent, with - respect to both quality and cost, to the care available to - their counterparts residing in the States and the District of - Columbia; - (3) an assessment of the feasibility, benefits, beneficiary - satisfaction and costs of extending TRICARE Prime to some, but - not all, categories of beneficiaries residing in Puerto Rico - and other United States territories; and - (4) an assessment of opportunities to partner with other - Federal health care systems to support resources and share - costs and services in extending TRICARE Prime in Puerto Rico - and the other United States territories. - (c) Other United States Territories Defined.--In this section, the -term ``other United States territories'' means American Samoa, Guam, -the Northern Mariana Islands, and the United States Virgin Islands. - -SEC. 750D. FUNDING FOR POST-TRAUMATIC STRESS DISORDER. - - (a) Funding.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated by -section 1405 for the Defense Health Program, as specified in the -corresponding funding table in such division, is hereby increased by -$2,500,000 for post-traumatic stress disorder. - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated for -operation and maintenance, Defense-wide, as specified in the -corresponding funding table in section 4301, for Operation and -Maintenance, Defense-wide is hereby reduced by $2,500,000. - -SEC. 750E. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE - BREAST CANCER. - - (a) In General.--The Office of Health of the Department of Defense -shall work in collaboration with the National Institutes of Health to-- - (1) identify specific genetic and molecular targets and - biomarkers for triple negative breast cancer; and - (2) provide information useful in biomarker selection, drug - discovery, and clinical trials design that will enable both-- - (A) triple negative breast cancer patients to be - identified earlier in the progression of their disease; - and - (B) the development of multiple targeted therapies - for the disease. - (b) Funding.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated by -section 1405 for the Defense Health Program, as specified in the -corresponding funding tables in division D, is hereby increased by -$10,000,000 to carry out subsection (a). - (c) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated for -operation and maintenance, Defense-wide, as specified in the -corresponding funding table in section 4301, for Operation and -Maintenance, Defense-wide is hereby reduced by $10,000,000. - -SEC. 750F. STUDY ON READINESS CONTRACTS AND THE PREVENTION OF DRUG - SHORTAGES. - - (a) Study.--The Secretary of Defense shall conduct a study on the -effectiveness of readiness contracts managed by the Customer Pharmacy -Operations Center of the Defense Logistics Agency in meeting the -military's drug supply needs. The study shall include an analysis of -how the contractual approach to manage drug shortages for military -health care can be a model for responding to drug shortages in the -civilian health care market in the United States. - (b) Consultation.--In conducting the study under subsection (a), -the Secretary of Defense shall consult with-- - (1) the Secretary of Veterans Affairs; - (2) the Commissioner of Food and Drugs and the - Administrator of the Drug Enforcement Administration; and - (3) physician organizations, drug manufacturers, pharmacy - benefit management organizations, and such other entities as - the Secretary determines appropriate. - (c) Report.--Not later than 1 year after the date of the enactment -of this Act, the Secretary of Defense shall submit to Congress a report -on the results of the study under subsection (a) and any conclusions -and recommendations of the Secretary relating to such study. - -SEC. 750G. FINDINGS AND SENSE OF CONGRESS ON MUSCULOSKELETAL INJURIES. - - (a) Findings.--Congress finds the following: - (1) Musculoskeletal injuries among members of the Armed - Forces serving on active duty result in more than 10,000,000 - limited-duty days each year and account for more than 70 - percent of the medically non-deployable population. - (2) Extremity injury accounts for 79 percent of reported - trauma cases in theater and members of the Armed Forces - experience anterior cruciate ligament (ACL) injuries at 10 - times the rate of the general population. - (b) Sense of Congress.--It is the sense of Congress that Congress-- - (1) recognizes the important work of the Naval Advanced - Medical Research Unit in Wound Care Research; and - (2) encourages continued development of innovations for the - warfighter, especially regarding tendon and ligament injuries - that prevent return to duty for extended periods of time. - -SEC. 750H. WOUNDED WARRIOR SERVICE DOG PROGRAM. - - (a) Grants Authorized.--The Secretary of Defense shall establish a -program, to be known as the ``Wounded Warrior Service Dog Program'', to -award competitive grants to nonprofit organizations to assist such -organizations in the planning, designing, establishing, or operating -(or any combination thereof) of programs to provide assistance dogs to -covered members and veterans. The awarding of such grants is subject to -the availability of appropriations provided for such purpose. - (b) Use of Funds.-- - (1) In general.--The recipient of a grant under this - section shall use the grant to carry out programs that provide - assistance dogs to covered members and veterans who have a - disability described in paragraph (2). - (2) Disability.--A disability described in this paragraph - is any of the following: - (A) Blindness or visual impairment. - (B) Loss of use of a limb, paralysis, or other - significant mobility issues. - (C) Loss of hearing. - (D) Traumatic brain injury. - (E) Post-traumatic stress disorder. - (F) Any other disability that the Secretary of - Defense considers appropriate. - (3) Timing of award.--The Secretary may not award a grant - under this section to reimburse a recipient for costs - previously incurred by the recipient in carrying out a program - to provide assistance dogs to covered members and veterans - unless the recipient elects for the award to be such a - reimbursement. - (c) Eligibility.--To be eligible to receive a grant under this -section, a nonprofit organization shall submit an application to the -Secretary at such time, in such manner, and containing such information -as the Secretary may require. Such application shall include-- - (1) a proposal for the evaluation required by subsection - (d); and - (2) a description of-- - (A) the training that will be provided by the - organization to covered members and veterans; - (B) the training of dogs that will serve as - assistance dogs; - (C) the aftercare services that the organization - will provide for such dogs and covered members and - veterans; - (D) the plan for publicizing the availability of - such dogs through a targeted marketing campaign to - covered members and veterans; - (E) the recognized expertise of the organization in - breeding and training such dogs; - (F) the commitment of the organization to humane - standards for animals; and - (G) the experience of the organization with working - with military medical treatment facilities or medical - facilities of the Department of Veterans Affairs; and - (3) a statement certifying that the organization-- - (A) is accredited by Assistance Dogs International, - the International Guide Dog Federation, or another - similar widely recognized accreditation organization - that the Secretary determines has accreditation - standards that meet or exceed the standards of - Assistance Dogs International and the International - Guide Dog Federation; or - (B) is a candidate for such accreditation or - otherwise meets or exceeds such standards, as - determined by the Secretary. - (d) Evaluation.--The Secretary shall require each recipient of a -grant to use a portion of the funds made available through the grant to -conduct an evaluation of the effectiveness of the activities carried -out through the grant by such recipient. - (e) Coordination.--The Secretary of Defense shall coordinate with -the Secretary of Veterans Affairs in awarding grants under this -section. - (f) Definitions.--In this section: - (1) Assistance dog.--The term ``assistance dog'' means a - dog specifically trained to perform physical tasks to mitigate - the effects of a disability described in subsection (b)(2), - except that the term does not include a dog specifically - trained for comfort or personal defense. - (2) Covered members and veterans.--The term ``covered - members and veterans'' means-- - (A) with respect to a member of the Armed Forces, - such member who is-- - (i) receiving medical treatment, - recuperation, or therapy under chapter 55 of - title 10, United States Code; - (ii) in medical hold or medical holdover - status; or - (iii) covered under section 1202 or 1205 of - title 10, United States Code; and - (B) with respect to a veteran, a veteran who is - enrolled in the health care system established under - section 1705(a) of title 38, United States Code. - -SEC. 750I. SENSE OF CONGRESS REGARDING MATERNAL MORTALITY REVIEW. - - It is the sense of Congress that-- - (1) maternal Mortality, and the racial disparities in the - rates of pregnancy-related deaths in our country, presents a - challenge to our Nation that requires a strong and uniform - response across all parts of our society, including the - military; - (2) the Defense Department should be acknowledged for the - efforts it has begun to address concerns about maternal - mortality and severe morbidity among service members and - dependents; - (3) State maternal mortality review committees, which - involve a multidisciplinary group of experts including - physicians, epidemiologists, and others, have made significant - advancements in identifying, characterizing, and providing a - deeper understanding of the circumstances surrounding each - maternal death, which can be helpful in designing effective - public health responses to prevent future such deaths; - (4) key to the work of such review committees is - transparent, consistent, and comprehensive data collection - regarding maternal deaths, the use of effective methods to - ensure confidentiality protections and de-identification of any - information specific to a reviewed case, information sharing - with relevant stakeholders including access to the CDC's - National Death Index data and State death certificate data; - (5) the Defense Department is encouraged to continue to - work to establish a maternal mortality review committee which - would conduct reviews of each death of a service member or - dependent during pregnancy or childbirth involving a - multidisciplinary group of experts including physicians, - epidemiologists, patient advocates, civilians with experience - with maternal mortality review committees and reviews of - maternal mortality records, and other experts; - (6) the Department should keep Congress regularly updated - and informed, through reports and briefings on its efforts to - set up the committee referenced in paragraph (5), any barriers - to establishing such committee, and its overall efforts to - address maternal mortality among service members and - dependents, including its efforts to participate in the - Alliance for Innovation on Maternal program or similar maternal - health quality improvement initiatives. - -SEC. 750J. REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS OF THE - NATIONAL GUARD AND RESERVE COMPONENTS. - - (a) Report.--Not later than 1 year after the date of the enactment -of this Act, the Comptroller General of the United States shall submit -to the appropriate congressional committees a report containing an -analysis of each of the following: - (1) Any lapses in coverage under the TRICARE program for a - member of a reserve component that occurred during the 8-year - period ending on the date of the enactment of this Act and were - caused by a change in the duty status of such member, including - an identification of the total number of such lapses. - (2) The factors contributing to any such lapses, - including-- - (A) technological factors, including factors - relating to outdated systems; - (B) human errors in processing changes in duty - status; and - (C) shortages in the level of administrative - staffing of the National Guard. - (3) How factors contributing to any such lapses were - identified under paragraph (2) and whether actions have been - taken to address the factors. - (4) The effect of any such lapses on-- - (A) the delivery of health care benefits to members - of the reserve components and the eligible dependents - of such members; or - (B) force readiness and force retention. - (5) The parties responsible for identifying and - communicating to a member of a reserve component issues - relating to eligibility under the TRICARE program. - (6) The methods by which a member of a reserve component, - an eligible dependent of such member, or the Secretary of - Defense may verify the status of enrollment in the TRICARE - program regarding the member before, during, and after a - deployment of the member. - (7) The comparative effectiveness, with respect to the - delivery of health care benefits to a member of a reserve - component and eligible dependents of such member, of-- - (A) continuing the current process by which a - previously eligible member must transition from - coverage under TRICARE Reserve Select to coverage under - TRICARE Prime after a change to active service in the - duty status of such member; and - (B) establishing a new process by which a - previously eligible member may remain covered by - TRICARE Reserve Select after a change to active service - in the duty status of such member (whether by allowing - a previously eligible member to pay a premium for such - coverage or by requiring the Federal Government to - provide for such coverage). - (8) Whether the current process referred to in paragraph - (7)(A) negatively affects the delivery of health care benefits - as a result of transitions between network providers. - (9) The actions necessary to prevent future occurrences of - such lapses, including legislative actions. + SEC. 755. REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS OF THE + NATIONAL GUARD AND RESERVE COMPONENTS. + (a) Report.--Not later than one year after the date of the +enactment of this Act, each Secretary of a military department, in +consultation with the Director of the Defense Health Agency, shall +submit to the Committees on Armed Services of the House of +Representatives and the Senate a report containing an analysis of each +of the following with respect to the military department of the +Secretary: + (1) Any lapses in coverage under the TRICARE program for a + member of a reserve component that occurred during the eight-year + period ending on the date of the enactment of this Act and were + caused by a change in the duty status of such member, including an + identification of the total number of such lapses. + (2) The factors contributing to any such lapses, including-- + (A) technological factors, including factors relating to + outdated systems; + (B) human errors in processing changes in duty status; + (C) shortages in the level of administrative staffing of + the reserve component; and + (D) integration of systems of the reserve component with + Integrated Pay and Personnel Systems. + (3) How factors contributing to any such lapses were identified + under paragraph (2) and whether actions have been taken to address + the factors. + (4) The effect of any such lapses on-- + (A) the delivery of health care benefits to members of the + reserve components and the eligible dependents of such members; + or + (B) force readiness and force retention. + (5) The parties responsible for identifying and communicating + to a member of a reserve component issues relating to eligibility + under the TRICARE program. + (6) The methods by which a member of a reserve component, an + eligible dependent of such member, or the Secretary of Defense may + verify the status of enrollment in the TRICARE program regarding + the member before, during, and after a deployment of the member. + (7) The comparative effectiveness, with respect to the delivery + of health care benefits to a member of a reserve component and + eligible dependents of such member, of-- + (A) continuing the current process by which a previously + eligible member must transition from coverage under TRICARE + Reserve Select to coverage under TRICARE Prime after a change + to active service in the duty status of such member; and + (B) establishing a new process by which a previously + eligible member may remain covered by TRICARE Reserve Select + after a change to active service in the duty status of such + member (whether by allowing a previously eligible member to pay + a premium for such coverage or by requiring the Federal + Government to provide for such coverage). + (8) Whether the current process referred to in paragraph (7)(A) + negatively affects the delivery of health care benefits as a result + of transitions between network providers. + (9) The current status and expected completion of duty status + reform for personnel of the reserve components. + (10) The actions necessary to prevent future occurrences of + such lapses, including legislative actions. (b) Definitions.--In this section: - (1) The term ``active service'' has the meaning given that - term in section 101(d) of title 10, United States Code. - (2) The term ``appropriate congressional committees'' means - the congressional defense committees (as defined in section - 101(a) of title 10, United States Code) and the Committees on - Veterans' Affairs of the House of Representatives and the - Senate. - (3) The term ``eligible dependent'' means a dependent of a - member of a reserve component-- - (A) described in subparagraph (A), (D), or (I) of - section 1072(2) of title 10, United States Code; and - (B) eligible for coverage under the TRICARE - Program. - (4) The term ``previously eligible member'' means a member - of a reserve component who was eligible for coverage under - TRICARE Reserve Select pursuant to section 1076d of title 10, - United States Code, prior to a change to active service in the - duty status of such member. - (5) The terms ``TRICARE Prime'' and ``TRICARE program'' - have the meanings given those terms in section 1072 of title - 10, United States Code. - (6) The term ``TRICARE Reserve Select'' has the meaning - given that term in section 1076d(f) of title 10, United States - Code. - -SEC. 750K. STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES ACROSS - ARMED FORCES. - + (1) The term ``active service'' has the meaning given that term + in section 101(d) of title 10, United States Code. + (2) The term ``eligible dependent'' means a dependent of a + member of a reserve component-- + (A) described in subparagraph (A), (D), or (I) of section + 1072(2) of title 10, United States Code; and + (B) eligible for coverage under the TRICARE program. + (3) The term ``previously eligible member'' means a member of a + reserve component who was eligible for coverage under TRICARE + Reserve Select pursuant to section 1076d of title 10, United States + Code, prior to a change to active service in the duty status of + such member. + (4) The terms ``TRICARE Prime'' and ``TRICARE program'' have + the meanings given those terms in section 1072 of title 10, United + States Code. + (5) The term ``TRICARE Reserve Select'' has the meaning given + that term in section 1076d(f) of title 10, United States Code. + SEC. 756. STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES ACROSS + ARMED FORCES. (a) Study.--The Secretary of Defense shall conduct a study that reviews, identifies, and evaluates the technology approaches, policies, and concepts of operations of telehealth and telemedicine programs -across all military departments. The study shall include: - (1) Identification and evaluation of limitations and - vulnerabilities of healthcare and medicine capabilities as they - relate to telemedicine. - (2) Identification and evaluation of essential technologies - needed to achieve documented goals and capabilities of - telehealth and associated technologies required to support - sustainability. - (3) Development of a technology maturation roadmap, - including an estimated funding profile over time, needed to - achieve an effective operational telehealth usage that - describes both the critical and associated supporting - technologies, systems integration, prototyping and - experimentation, and test and evaluation. - (4) An analysis of telehealth programs, such as remote - diagnostic testing and evaluation tools that contribute to the - medical readiness of military medical providers. - (b) Report.--Not later than 1 year after the date of the enactment -of this Act, the Secretary of Defense shall submit to the Congressional -defense committees the study conducted under subsection (a). - -SEC. 750L. STUDY ON JOINT DEPLOYMENT FORMULARY. - - (a) Study.--Not later than 270 days after the date of the enactment -of this Act, the Secretary of Defense, in consultation with the -Secretary of Health and Human Services, the Commissioner of Food and -Drugs, and the heads of other departments and agencies of the Federal -Government that the Secretary of Defense determines appropriate, shall -submit to the appropriate congressional committees a report containing -a study on the joint deployment formulary. - (b) Elements.--The study under subsection (a) shall include-- - (1) a list of the drugs and vaccines on the joint - deployment formulary; - (2) an identification of the active pharmaceutical - ingredients of such drugs and vaccines and the components of - such active pharmaceutical ingredients; - (3) the country of origin of-- - (A) the active pharmaceutical ingredients; - (B) the components of such ingredients; and - (C) the source materials of such ingredients and - components; - (4) a list of each manufacturer of such drugs and vaccines - that is owned, in whole or in part, by a foreign entity, - including-- - (A) identification of each such foreign entity; and - (B) the percentage of such ownership by each such - foreign entity; - (5) identification of any barriers, limitations, or - constraints that may inhibit the ability of the Department of - Defense to procure and sustain its supply of drugs and - vaccines, including with respect to-- - (A) the Federal Acquisition Regulation; - (B) applicable laws and regulations of the Federal - Government; and - (C) whether the raw materials can be found in the - United States; - (6) an identification of military partners and allies of - the United States who could help manufacture such components - and materials; - (7) an assessment of the steps the Secretary of Defense is - currently taking to mitigate any shortages of critical drugs - and vaccines on the joint deployment formulary; - (8) a description of how the Secretary of Defense - coordinates with the Secretary of Health and Human Services, - the Commissioner of Food and Drugs, the Secretary of Commerce, - the Secretary of Veterans Affairs, and other applicable heads - of departments and agencies of the Federal Government; and - (9) if the Secretary is unable to provide any of the - information under paragraphs (1) through (8), identification of - any barriers in providing such information. - (c) Form.-- - (1) In general.--The report submitted under subsection (a) - shall be submitted in classified form and shall include an - unclassified summary. - (2) Protection of information.--The Secretary of Defense-- - (A) shall ensure that the unclassified summary - described in paragraph (1) protects proprietary - information pursuant to the Federal Acquisition - Regulation and the Defense Federal Acquisition - Regulation; and - (B) may not disclose in such unclassified summary - any information that is a trade secret under section - 552(b)(4) of title 5, United States Code, or - confidential information under section 1905 of title - 18, United States Code. - (d) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the congressional defense committees; - (2) the Committee on Energy and Commerce of the House of - Representatives and the Committee on Health, Education, Labor, - and Pensions of the Senate; and - (3) any other committee of Congress the Secretary of - Defense determines appropriate. +across all military departments. The study shall include the following: + (1) Identification and evaluation of limitations and + vulnerabilities of health care and medicine capabilities with + respect to telemedicine. + (2) Identification and evaluation of essential technologies + needed to achieve documented goals and capabilities of telehealth + and associated technologies required to support sustainability. + (3) Development of a technology maturation roadmap, including + an estimated funding profile over time, needed to achieve an + effective operational telehealth usage that describes both the + critical and associated supporting technologies, systems + integration, prototyping and experimentation, and test and + evaluation. + (4) An analysis of telehealth programs, such as remote + diagnostic testing and evaluation tools that contribute to the + medical readiness of military medical providers. + (b) Report.--Not later than one year after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the House of Representatives and the +Senate a report containing the study conducted under subsection (a). + SEC. 757. STUDY ON FORCE MIX OPTIONS AND SERVICE MODELS TO ENHANCE + READINESS OF MEDICAL FORCE OF THE ARMED FORCES. + (a) Study.--Not later than 30 days after the date of the enactment +of this Act, the Secretary of Defense shall seek to enter into an +agreement with a federally funded research and development center or +other independent entity to conduct a study on force mix options and +service models (including traditional and nontraditional active and +reserve models) to enhance the readiness of the medical force of the +Armed Forces to deliver combat care on the battlefield and assist +public health responses to pandemics or other national public health +emergencies. + (b) Elements.--The study under subsection (a) shall include, at a +minimum and conducted separately with respect to members of the Armed +Forces on active duty and members of the reserve components-- + (1) a review of existing models for such members who are + medical professionals to improve clinical readiness skills by + serving in civilian trauma centers, Federal agencies, or other + organizations determined appropriate by the Secretary; + (2) an assessment of the extent to which such existing models + can be optimized, standardized, and scaled to address readiness + shortfalls; and + (3) an evaluation of the cost and effectiveness of alternative + models for such members who are medical professionals to serve in + the centers, agencies, and organizations specified in subparagraph + (A). + (c) Report.--Not later than 15 months 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 findings and recommendations resulting from the study under +subsection (a). + SEC. 758. REPORT ON BILLING PRACTICES FOR HEALTH CARE FROM + DEPARTMENT OF DEFENSE. + (a) Report.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Comptroller General of the United States + shall submit to the Committees on Armed Services of the Senate and + the House of Representatives a report assessing the billing + practices of the Department of Defense for care received under the + TRICARE program or at military medical treatment facilities. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A description of the extent to which data is being + collected and maintained on whether beneficiaries under the + TRICARE program have other forms of health insurance. + (B) A description of the extent to which the Secretary of + Defense has implemented the recommendations of the Inspector + General of the Department of Defense to improve collections of + third-party payments for care at military medical treatment + facilities and a description of the impact such implementation + has had on such beneficiaries. + (C) A description of the extent to which the process used + by managed care support contractors under the TRICARE program + to adjudicate third-party liability claims is efficient and + effective, including with respect to communication with such + beneficiaries. + (b) TRICARE Program Defined.--In this section, the term ``TRICARE +program'' has the meaning given that term in section 1072 of title 10, +United States Code. Subtitle E--Mental Health Services From Department of Veterans Affairs for Members of Reserve Components -SEC. 751. SHORT TITLE. - + SEC. 761. SHORT TITLE. This subtitle may be cited as the ``Care and Readiness Enhancement for Reservists Act of 2020'' or the ``CARE for Reservists Act of 2020''. - -SEC. 752. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND - RELATED OUTPATIENT SERVICES FROM DEPARTMENT OF VETERANS - AFFAIRS TO INCLUDE MEMBERS OF RESERVE COMPONENTS OF THE - ARMED FORCES. - + SEC. 762. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND + RELATED OUTPATIENT SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS + TO INCLUDE MEMBERS OF RESERVE COMPONENTS OF THE ARMED FORCES. (a) Readjustment Counseling.--Subsection (a)(1) of section 1712A of title 38, United States Code, is amended by adding at the end the following new subparagraph: @@ -18076,25 +18986,23 @@ before being furnished counseling or an assessment under this subparagraph.''. (b) Outpatient Services.--Subsection (b) of such section is amended-- - (1) in paragraph (1)-- - (A) by inserting ``to an individual'' after ``If, - on the basis of the assessment furnished''; and - (B) by striking ``veteran'' each place it appears - and inserting ``individual''; and - (2) in paragraph (2), by striking ``veteran'' and inserting - ``individual''. + (1) in paragraph (1)-- + (A) by inserting ``to an individual'' after ``If, on the + basis of the assessment furnished''; and + (B) by striking ``veteran'' each place it appears and + inserting ``individual''; and + (2) in paragraph (2), by striking ``veteran'' and inserting + ``individual''. (c) Effective Date.--The amendments made by this section shall take -effect on the date that is 1 year after the date of the enactment of +effect on the date that is one year after the date of the enactment of this Act. - -SEC. 753. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF - VETERANS AFFAIRS TO MEMBERS OF RESERVE COMPONENTS OF THE - ARMED FORCES. - + SEC. 763. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF + VETERANS AFFAIRS TO MEMBERS OF RESERVE COMPONENTS OF THE ARMED + FORCES. (a) In General.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1789. Mental health services for members of the reserve - components of the Armed Forces + components of the Armed Forces ``The Secretary, in consultation with the Secretary of Defense, may furnish mental health services to members of the reserve components of the Armed Forces.''. @@ -18103,2254 +19011,2859 @@ such subchapter is amended by inserting after the item relating to section 1788 the following new item: ``1789. Mental health services for members of the reserve components of - the Armed Forces.''. - -SEC. 754. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN MENTAL HEALTH - PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. - + the Armed Forces.''. + SEC. 764. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN MENTAL + HEALTH PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Suicide Prevention Program.-- - (1) In general.--Section 1720F of title 38, United States - Code, is amended by adding at the end the following new - subsection: + (1) In general.--Section 1720F of title 38, United States Code, + is amended by adding at the end the following new subsection: ``(l)(1) Covered Individual Defined.--In this section, the term `covered individual' means a veteran or a member of the reserve components of the Armed Forces. ``(2) In determining coverage of members of the reserve components of the Armed Forces under the comprehensive program, the Secretary shall consult with the Secretary of Defense.''. - (2) Conforming amendments.--Such section is further - amended-- - (A) in subsection (a), by striking ``veterans'' and - inserting ``covered individuals''; - (B) in subsection (b), by striking ``veterans'' - each place it appears and inserting ``covered - individuals''; - (C) in subsection (c)-- - (i) in the subsection heading, by striking - ``of Veterans''; - (ii) by striking ``veterans'' each place it - appears and inserting ``covered individuals''; - and - (iii) by striking ``veteran'' and inserting - ``individual''; - (D) in subsection (d), by striking ``to veterans'' - each place it appears and inserting ``to covered - individuals''; - (E) in subsection (e), in the matter preceding - paragraph (1), by striking ``veterans'' and inserting - ``covered individuals''; - (F) in subsection (f)-- - (i) in the first sentence, by striking - ``veterans'' and inserting ``covered - individuals''; and - (ii) in the second sentence, by inserting - ``or members'' after ``veterans''; - (G) in subsection (g), by striking ``veterans'' and - inserting ``covered individuals''; - (H) in subsection (h), by striking ``veterans'' and - inserting ``covered individuals''; - (I) in subsection (i)-- - (i) in the subsection heading, by striking - ``for Veterans and Families''; - (ii) in the matter preceding paragraph (1), - by striking ``veterans and the families of - veterans'' and inserting ``covered individuals - and the families of covered individuals''; - (iii) in paragraph (2), by striking - ``veterans'' and inserting ``covered - individuals''; and - (iv) in paragraph (4), by striking - ``veterans'' each place it appears and - inserting ``covered individuals''; - (J) in subsection (j)-- - (i) in paragraph (1), by striking - ``veterans'' each place it appears and - inserting ``covered individuals''; and - (ii) in paragraph (4)-- - (I) in subparagraph (A), in the - matter preceding clause (i), by - striking ``women veterans'' and - inserting ``covered individuals who are - women''; - (II) in subparagraph (B), by - striking ``women veterans who'' and - inserting ``covered individuals who are - women and''; and - (III) in subparagraph (C), by - striking ``women veterans'' and - inserting ``covered individuals who are - women''; and - (K) in subsection (k), by striking ``veterans'' and - inserting ``covered individuals''. - (3) Clerical amendments.-- - (A) In general.--Such section is further amended, - in the section heading, by inserting ``and members of - the reserve components of the Armed Forces'' after - ``veterans''. - (B) Table of sections.--The table of sections at - the beginning of such subchapter is amended by striking - the item relating to section 1720F and inserting the - following new item: - -``1720F. Comprehensive program for suicide prevention among veterans - and members of the reserve components of - the Armed Forces.''. + (2) Conforming amendments.--Such section is further amended-- + (A) in subsection (a), by striking ``veterans'' and + inserting ``covered individuals''; + (B) in subsection (b), by striking ``veterans'' each place + it appears and inserting ``covered individuals''; + (C) in subsection (c)-- + (i) in the subsection heading, by striking ``of + Veterans''; + (ii) by striking ``veterans'' each place it appears and + inserting ``covered individuals''; and + (iii) by striking ``veteran'' and inserting + ``individual''; + (D) in subsection (d), by striking ``to veterans'' each + place it appears and inserting ``to covered individuals''; + (E) in subsection (e), in the matter preceding paragraph + (1), by striking ``veterans'' and inserting ``covered + individuals''; + (F) in subsection (f)-- + (i) in the first sentence, by striking ``veterans'' and + inserting ``covered individuals''; and + (ii) in the second sentence, by inserting ``or + members'' after ``veterans''; + (G) in subsection (g), by striking ``veterans'' and + inserting ``covered individuals''; + (H) in subsection (h), by striking ``veterans'' and + inserting ``covered individuals''; + (I) in subsection (i)-- + (i) in the subsection heading, by striking ``for + Veterans and Families''; + (ii) in the matter preceding paragraph (1), by striking + ``veterans and the families of veterans'' and inserting + ``covered individuals and the families of covered + individuals''; + (iii) in paragraph (2), by striking ``veterans'' and + inserting ``covered individuals''; and + (iv) in paragraph (4), by striking ``veterans'' each + place it appears and inserting ``covered individuals''; + (J) in subsection (j)-- + (i) in paragraph (1), by striking ``veterans'' each + place it appears and inserting ``covered individuals''; and + (ii) in paragraph (4)-- + + (I) in subparagraph (A), in the matter preceding + clause (i), by striking ``women veterans'' and + inserting ``covered individuals who are women''; + (II) in subparagraph (B), by striking ``women + veterans who'' and inserting ``covered individuals who + are women and''; and + (III) in subparagraph (C), by striking ``women + veterans'' and inserting ``covered individuals who are + women''; and + + (K) in subsection (k), by striking ``veterans'' and + inserting ``covered individuals''. + (3) Clerical amendments.-- + (A) In general.--Such section is further amended, in the + section heading, by inserting ``and members of the reserve + components of the Armed Forces'' after ``veterans''. + (B) Table of sections.--The table of sections at the + beginning of such subchapter is amended by striking the item + relating to section 1720F and inserting the following new item: + +``1720F. Comprehensive program for suicide prevention among veterans and + members of the reserve components of the Armed Forces.''. + (b) Mental Health Treatment for Individuals Who Served in Classified Missions.-- - (1) In general.--Section 1720H of such title is amended-- - (A) in subsection (a)-- - (i) in paragraph (1)-- - (I) by striking ``eligible - veteran'' and inserting ``eligible - individual''; and - (II) by striking ``the veteran'' - and inserting ``the individual''; and - (ii) in paragraph (3), by striking - ``eligible veterans'' and inserting ``eligible - individuals''; - (B) in subsection (b)-- - (i) by striking ``a veteran'' and inserting - ``an individual''; and - (ii) by striking ``eligible veteran'' and - inserting ``eligible individual''; and - (C) in subsection (c)-- - (i) in paragraph (2), in the matter - preceding subparagraph (A), by striking ``The - term `eligible veteran' means a veteran'' and - inserting ``The term `eligible individual' - means a veteran or a member of the reserve - components of the Armed Forces''; and - (ii) in paragraph (3), by striking - ``eligible veteran'' and inserting ``eligible - individual''. - (2) Clerical amendments.-- - (A) In general.--Such section is further amended, - in the section heading, by inserting ``and members of - the reserve components of the Armed Forces'' after - ``veterans''. - (B) Table of sections.--The table of sections at - the beginning of chapter 17 of such title is amended by - striking the item relating to section 1720H and - inserting the following new item: - -``1720H. Mental health treatment for veterans and members of the - reserve components of the Armed Forces who - served in classified missions.''. - -SEC. 755. REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY - DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED - FORCES. + (1) In general.--Section 1720H of such title is amended-- + (A) in subsection (a)-- + (i) in paragraph (1)-- + + (I) by striking ``eligible veteran'' and inserting + ``eligible individual''; and + (II) by striking ``the veteran'' and inserting + ``the individual''; and + + (ii) in paragraph (3), by striking ``eligible + veterans'' and inserting ``eligible individuals''; + (B) in subsection (b)-- + (i) by striking ``a veteran'' and inserting ``an + individual''; and + (ii) by striking ``eligible veteran'' and inserting + ``eligible individual''; and + (C) in subsection (c)-- + (i) in paragraph (2), in the matter preceding + subparagraph (A), by striking ``The term `eligible veteran' + means a veteran'' and inserting ``The term `eligible + individual' means a veteran or a member of the reserve + components of the Armed Forces''; and + (ii) in paragraph (3), by striking ``eligible veteran'' + and inserting ``eligible individual''. + (2) Clerical amendments.-- + (A) In general.--Such section is further amended, in the + section heading, by inserting ``and members of the reserve + components of the Armed Forces'' after ``veterans''. + (B) Table of sections.--The table of sections at the + beginning of chapter 17 of such title is amended by striking + the item relating to section 1720H and inserting the following + new item: - (a) In General.--Not later than 1 year after the date of the +``1720H. Mental health treatment for veterans and members of the reserve + components of the Armed Forces who served in classified + missions.''. + SEC. 765. REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY + DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED FORCES. + (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit -to the congressional defense committees and the Committees on Veterans' +to the Committees on Armed Services and the Committees on Veterans' Affairs of the Senate and the House of Representatives a report that includes an assessment of the following: - (1) The increase, as compared to the day before the date of - the enactment of this Act, of the number of members of the - Armed Forces that use readjustment counseling or outpatient - mental health care from the Department of Veterans Affairs, - disaggregated by State, Vet Center location, and clinical care - site of the Department, as appropriate. - (2) The number of members of the reserve components of the - Armed Forces receiving telemental health care from the - Department. - (3) The increase, as compared to the day before the date of - the enactment of this Act, of the annual cost associated with - readjustment counseling and outpatient mental health care - provided by the Department to members of the reserve components - of the Armed Forces. - (4) The changes, as compared to the day before the date of - the enactment of this Act, in staffing, training, organization, - and resources required for the Department to offer readjustment - counseling and outpatient mental health care to members of the - reserve components of the Armed Forces. - (5) Any challenges the Department has encountered in - providing readjustment counseling and outpatient mental health - care to members of the reserve components of the Armed Forces. + (1) The increase, as compared to the day before the date of the + enactment of this Act, of the number of members of the Armed Forces + that use readjustment counseling or outpatient mental health care + from the Department of Veterans Affairs, disaggregated by State, + Vet Center location, and clinical care site of the Department, as + appropriate. + (2) The number of members of the reserve components of the + Armed Forces receiving telemental health care from the Department. + (3) The increase, as compared to the day before the date of the + enactment of this Act, of the annual cost associated with + readjustment counseling and outpatient mental health care provided + by the Department to members of the reserve components of the Armed + Forces. + (4) The changes, as compared to the day before the date of the + enactment of this Act, in staffing, training, organization, and + resources required for the Department to offer readjustment + counseling and outpatient mental health care to members of the + reserve components of the Armed Forces. + (5) Any challenges the Department has encountered in providing + readjustment counseling and outpatient mental health care to + members of the reserve components of the Armed Forces. (b) Vet Center Defined.--In this section, the term ``Vet Center'' has the meaning given that term in section 1712A(h) of title 38, United States Code. -SEC. 756. PILOT PROGRAM ON SLEEP APNEA AMONG NEW RECRUITS. - - (a) Pilot Program.--The Secretary of Defense, acting through the -Defense Health Agency, shall carry out a pilot program to determine the -prevalence of sleep apnea among members of the Armed Forces assigned to -initial training. - (b) Participation.-- - (1) Members.--The Secretary shall ensure that the number of - members who participate in the pilot program under subsection - (a) is sufficient to collect statistically significant data for - each military department. - (2) Special rule.--The Secretary may not disqualify a - member from service in the Armed Forces by reason of the member - being diagnosed with sleep apnea pursuant to the pilot program - under subsection (a). - (c) Process.--The Secretary shall carry out the pilot program by -testing members for sleep apnea using non-invasive methods over the -course of 2 consecutive nights that allow for 6 to 8 hours of sleep. - -SEC. 757. REPORT ON RESEARCH AND STUDIES ON HEALTH EFFECTS OF BURN - PITS. - - The Secretary of Defense shall submit to the congressional defense -committees and the Committees on Veterans' Affairs of the House of -Representatives and the Senate a detailed report on the status, -methodology, and culmination timeline of all the research and studies -being conducted to assess the health effects of burn pits. The report -shall include an identification of any challenges and potential -challenges with respect to completing such research and studies and -recommendations to address such challenges. - -SEC. 758. MANDATORY TRAINING ON HEALTH EFFECTS OF BURN PITS. - - The Secretary of Defense shall provide to each medical provider of -the Department of Defense mandatory training with respect to the -potential health effects of burn pits. - -SEC. 759. INCLUSION OF INFORMATION ON EXPOSURE TO OPEN BURN PITS IN - POSTDEPLOYMENT HEALTH REASSESSMENTS. - - (a) In General.--The Secretary of Defense shall include in -postdeployment health reassessments conducted under section 1074f of -title 10, United States Code, pursuant to a Department of Defense Form -2796, or successor form, an independent and conspicuous question -regarding exposure of members of the Armed Forces to open burn pits. - (b) Inclusion in Assessments by Military Departments.--The -Secretary of Defense shall ensure that the Secretary of each military -department includes a question regarding exposure of members of the -Armed Forces to open burn pits in any electronic postdeployment health -assessment conducted by that military department. - (c) Open Burn Pit Defined.--In this section, the term ``open burn -pit'' has the meaning given that term in section 201(c) of the -Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 -(Public Law 112-260; 38 U.S.C. 527 note). - -SEC. 760. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS AFFAIRS OPEN - BURN PIT REGISTRY TO INCLUDE OPEN BURN PITS IN EGYPT AND - SYRIA. - - Section 201(c)(2) of the Dignified Burial and Other Veterans' -Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 -note) is amended, in the matter before subparagraph (A), by striking -``or Iraq'' and inserting ``, Iraq, Egypt, or Syria''. - -SEC. 761. PILOT PROGRAM ON TREATMENT OF CERTAIN MEMBERS OF THE ARMED - FORCES IMPACTED BY TRAUMATIC BRAIN INJURY AND OTHER - ASSOCIATED HEALTH FACTORS THAT INFLUENCE LONG-TERM BRAIN - HEALTH AND PERFORMANCE. - - (a) Pilot Program.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense may - commence the conduct of a pilot program through the award of - grants to carry out a comprehensive brain health and treatment - program that provides coordinated, integrated, - multidisciplinary specialist evaluations, treatment initiation, - and aftercare coordination to members of the Army, Navy, Air - Force, Marine Corps, and Space Force impacted by traumatic - brain injury and other associated health factors that influence - long-term brain health and performance. - (2) Elements.-- - (A) Evaluations.--Multidisciplinary specialist - evaluations under paragraph (1) shall include - evaluations in the following specialties: - (i) Brain injury medicine. - (ii) Neuropsychology. - (iii) Clinical psychology. - (iv) Psychiatry. - (v) Neuroendocrinology. - (vi) Sports medicine. - (vii) Muscular skeletal and vestibular - physical therapy. - (viii) Neuroimaging. - (ix) Hormonal evaluation. - (x) Metabolic testing. - (xi) Cardiovascular testing. - (xii) Cerebrovascular testing. - (B) Treatment.--Treatment under paragraph (1) shall - include the following: - (i) Headache treatment. - (ii) Sleep interventions and medication. - (iii) Injection-based therapies for - musculoskeletal pain. - (iv) Cognitive rehabilitation. - (v) Vestibular physical therapy. - (vi) Exercise programming. - (b) Eligible Individuals.--An individual is eligible to participate -in the pilot program under this section if the individual-- - (1) is a member of the Army, Navy, Air Force, Marine Corps, - or Space Force who served on active duty; and - (2) experienced an incident for which treatment may be - sought under the pilot program while performing-- - (A) active service; or - (B) active Guard and Reserve duty. - (c) Maximum Amount of Grants.--In accordance with the services -being provided under a grant under this section and the duration of -those services, the Secretary shall establish a maximum amount to be -awarded under the grant that is not greater than $750,000 per grantee -per fiscal year. - (d) Requirements for Receipt of Financial Assistance.-- - (1) Notification that services are from department.--Each - entity receiving financial assistance under this section to - provide services to eligible individuals and their family shall - notify the recipients of such services that such services are - being paid for, in whole or in part, by the Department. - (2) Coordination with other services from department.--Each - entity receiving a grant under this section shall coordinate - with the Secretary with respect to the provision of clinical - services to eligible individuals in accordance with any other - provision of law regarding the delivery of healthcare under the - laws administered by the Secretary. - (3) Measurement and monitoring.--Each entity receiving a - grant under this section shall submit to the Secretary a - description of the tools and assessments the entity uses or - will use to determine the effectiveness of the services - furnished by the entity under this section, including the - effect of those services on-- - (A) the financial stability of eligible individuals - receiving those services; - (B) the mental health status, well-being, and - suicide risk of those eligible individuals; and - (C) the social support of those eligible - individuals. - (4) Reports.--The Secretary-- - (A) shall require each entity receiving financial - assistance under this section to submit to the - Secretary an annual report that describes the projects - carried out with such financial assistance during the - year covered by the report, including the number of - eligible individuals served; - (B) shall specify to each such entity the - evaluation criteria and data and information, which - shall include a mental health, well-being, and suicide - risk assessment of each eligible individual served, to - be submitted in such report; and - (C) may require such entities to submit to the - Secretary such additional reports as the Secretary - considers appropriate. - (e) Termination.--The Secretary may not conduct the pilot program -under this section after the date that is 3 years after the date of the -enactment of this Act. - (f) Report.--Not later than 180 days after the date on which the -pilot program under this section terminates, the Secretary shall submit -to the Committees on Armed Services of the Senate and the House of -Representatives a report on the effectiveness of the pilot program. - (g) Definitions.--In this section, the terms ``active duty'', -``active Guard and Reserve duty'', and ``active service'' have the -meanings given those terms in section 101 of title 10, United States -Code. - TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS - Subtitle A--Acquisition Policy and Management + Subtitle A--Acquisition Policy and Management + +Sec. 801. Report on acquisition risk assessment and mitigation as part + of Adaptive Acquisition Framework implementation. +Sec. 802. Improving planning, execution, and oversight of life cycle + sustainment activities. +Sec. 803. Disclosures for offerors for certain shipbuilding major + defense acquisition program contracts. +Sec. 804. Implementation of modular open systems approaches. +Sec. 805. Congressional notification of termination of a middle tier + acquisition program. +Sec. 806. Definition of material weakness for contractor business + systems. +Sec. 807. Space system acquisition and the adaptive acquisition + framework. +Sec. 808. Acquisition authority of the Director of the Joint Artificial + Intelligence Center. +Sec. 809. Assessments of the process for developing capability + requirements for Department of Defense acquisition programs. + + Subtitle B--Amendments to General Contracting Authorities, Procedures, + and Limitations + +Sec. 811. Sustainment reform for the Department of Defense. +Sec. 812. Inclusion of software in Government performance of acquisition + functions. +Sec. 813. Modifications to Comptroller General assessment of acquisition + programs and related initiatives. +Sec. 814. Cost or pricing data reporting requirements for Department of + Defense contracts. +Sec. 815. Prompt payment of contractors. +Sec. 816. Documentation pertaining to commercial item determinations. +Sec. 817. Modification to small purchase threshold exception to sourcing + requirements for certain articles. +Sec. 818. Repeal of program for qualified apprentices for military + construction contracts. +Sec. 819. Modifications to mitigating risks related to foreign + ownership, control, or influence of Department of Defense + contractors and subcontractors. +Sec. 820. Contract closeout authority for services contracts. +Sec. 821. Revision of proof required when using an evaluation factor for + employing or subcontracting with members of the Selected + Reserve. + + Subtitle C--Provisions Relating to Software and Technology + +Sec. 831. Contract authority for development and demonstration of + initial or additional prototype units. +Sec. 832. Extension of pilot program for streamlined awards for + innovative technology programs. +Sec. 833. Listing of other transaction authority consortia. +Sec. 834. Pilot program on the use of consumption-based solutions to + address software-intensive warfighting capability. +Sec. 835. Balancing security and innovation in software development and + acquisition. +Sec. 836. Digital modernization of analytical and decision-support + processes for managing and overseeing Department of Defense + acquisition programs. +Sec. 837. Safeguarding defense-sensitive United States intellectual + property, technology, and other data and information. +Sec. 838. Comptroller General report on implementation of software + acquisition reforms. +Sec. 839. Comptroller General report on intellectual property + acquisition and licensing. + + Subtitle D--Industrial Base Matters + +Sec. 841. Additional requirements pertaining to printed circuit boards. +Sec. 842. Report on nonavailability determinations and quarterly + national technology and industrial base briefings. +Sec. 843. Modification of framework for modernizing acquisition + processes to ensure integrity of industrial base and inclusion + of optical transmission components. +Sec. 844. Expansion on the prohibition on acquiring certain metal + products. +Sec. 845. Miscellaneous limitations on the procurement of goods other + than United States goods. +Sec. 846. Improving implementation of policy pertaining to the national + technology and industrial base. +Sec. 847. Report and limitation on the availability of funds relating to + eliminating the gaps and vulnerabilities in the national + technology and industrial base. +Sec. 848. Supply of strategic and critical materials for the Department + of Defense. +Sec. 849. Analyses of certain activities for action to address sourcing + and industrial capacity. +Sec. 850. Implementation of recommendations for assessing and + strengthening the manufacturing and defense industrial base + and supply chain resiliency. +Sec. 851. Report on strategic and critical materials. +Sec. 852. Report on aluminum refining, processing, and manufacturing. + + Subtitle E--Small Business Matters + +Sec. 861. Initiatives to support small businesses in the national + technology and industrial base. +Sec. 862. Transfer of verification of small business concerns owned and + controlled by veterans or service-disabled veterans to the + Small Business Administration. +Sec. 863. Employment size standard requirements for small business + concerns. +Sec. 864. Maximum award price for sole source manufacturing contracts. +Sec. 865. Reporting requirement on expenditure amounts for the Small + Business Innovation Research Program and the Small Business + Technology Transfer Program. +Sec. 866. Small businesses in territories of the United States. +Sec. 867. Eligibility of the Commonwealth of the Northern Mariana + Islands for certain Small Business Administration programs. +Sec. 868. Past performance ratings of certain small business concerns. +Sec. 869. Extension of participation in 8(a) program. +Sec. 870. Compliance of Offices of Small Business and Disadvantaged + Business Utilization. +Sec. 871. Category management training. + + Subtitle F--Other Matters + +Sec. 881. Review of and report on overdue acquisition and cross- + servicing agreement transactions. +Sec. 882. Domestic comparative testing activities. +Sec. 883. Prohibition on awarding of contracts to contractors that + require nondisclosure agreements relating to waste, fraud, or + abuse. +Sec. 884. Program management improvement officers and program management + policy council. +Sec. 885. Disclosure of beneficial owners in database for Federal agency + contract and grant officers. +Sec. 886. Repeal of pilot program on payment of costs for denied + Government Accountability Office bid protests. +Sec. 887. Amendments to submissions to Congress relating to certain + foreign military sales. +Sec. 888. Revision to requirement to use firm fixed-price contracts for + foreign military sales. +Sec. 889. Assessment and enhancement of national security innovation + base. +Sec. 890. Identification of certain contracts relating to construction + or maintenance of a border wall. +Sec. 891. Waivers of certain conditions for progress payments under + certain contracts during the COVID-19 national emergency. -SEC. 801. CONGRESSIONAL NOTIFICATION OF TERMINATION OF A MIDDLE TIER - ACQUISITION PROGRAM. + Subtitle A--Acquisition Policy and Management + SEC. 801. REPORT ON ACQUISITION RISK ASSESSMENT AND MITIGATION AS + PART OF ADAPTIVE ACQUISITION FRAMEWORK IMPLEMENTATION. + (a) In General.--Each service acquisition executive shall submit to +the Secretary of Defense, the Under Secretary of Defense for +Acquisition and Sustainment, the Under Secretary of Defense for +Research and Engineering, and the Chief Information Officer of the +Department of Defense a report on how such service acquisition +executive is, with respect to the risks in acquisition programs +described in subsection (b)-- + (1) assessing such risks; + (2) mitigating such risks; and + (3) reporting within the Department of Defense and to Congress + on such risks. + (b) Acquisition Program Risks.--The risks in acquisition programs +described in this subsection are the following: + (1) Technical risks in engineering, software, manufacturing and + testing. + (2) Integration and interoperability risks, including + complications related to systems working across multiple domains + while using machine learning and artificial intelligence + capabilities to continuously change and optimize system + performance. + (3) Operations and sustainment risks, including as mitigated by + appropriate sustainment planning earlier in the lifecycle of a + program, access to technical data, and intellectual property + rights. + (4) Workforce and training risks, including consideration of + the role of contractors as part of the total workforce. + (5) Supply chain risks, including cybersecurity, foreign + control and ownership of key elements of supply chains, and the + consequences that a fragile and weakening defense industrial base, + combined with barriers to industrial cooperation with allies and + partners, pose for delivering systems and technologies in a trusted + and assured manner. + (c) Report to Congress.--Not later than March 31, 2021, the Under +Secretary of Defense for Acquisition and Sustainment shall submit to +the congressional defense committees a report including-- + (1) the input received from the service acquisition executives + pursuant to subsection (a); and + (2) the views of the Under Secretary with respect to the + matters described in paragraphs (1) through (5) of subsection (b). + SEC. 802. IMPROVING PLANNING, EXECUTION, AND OVERSIGHT OF LIFE + CYCLE SUSTAINMENT ACTIVITIES. + (a) Planning for Life Cycle Sustainment.--Section 2337 of title 10, +United States Code, is amended-- + (1) by striking ``major weapon system'' each place it appears + and inserting ``covered system''; + (2) by striking ``major weapon systems'' each place it appears + and inserting ``covered systems''; + (3) by striking ``weapon system'' each place it appears and + inserting ``covered system''; + (4) by redesignating subsections (b) and (c) as subsections (c) + and (d), respectively; + (5) by inserting after subsection (a) the following new + subsection: + ``(b) Life Cycle Sustainment Plan.--Before granting Milestone B +approval (or the equivalent), the milestone decision authority shall +ensure that each covered system has an approved life cycle sustainment +plan. The life cycle sustainment plan shall include-- + ``(1) a comprehensive product support strategy; + ``(2) performance goals, including key performance parameters + for sustainment, key system attributes of the covered system, and + other appropriate metrics; + ``(3) an approved life-cycle cost estimate for the covered + system; + ``(4) affordability constraints and key cost factors that could + affect the operating and support costs of the covered system; + ``(5) sustainment risks and proposed mitigation plans for such + risks; + ``(6) engineering and design considerations that support cost- + effective sustainment of the covered system; + ``(7) a technical data and intellectual property management + plan for product support; and + ``(8) major maintenance and overhaul requirements that will be + required during the life cycle of the covered system.''; + (6) in subsection (c)(2), as so redesignated-- + (A) by amending subparagraph (A) to read as follows: + ``(A) develop, update, and implement a life cycle + sustainment plan described in subsection (b);''; + (B) in subparagraph (B), by striking ``use'' and inserting + ``ensure the life cycle sustainment plan is informed by''; and + (C) in subparagraph (C), by inserting ``and life cycle + sustainment plan'' after ``product support strategy'';''; and + (7) in subsection (d), as so redesignated-- + (A) by amending paragraph (5) to read as follows: + ``(5) Covered system.--The term `covered system' means-- + ``(A) a major defense acquisition program as defined in + section 2430 of this title; or + ``(B) an acquisition program or project that is carried out + using the rapid fielding or rapid prototyping acquisition + pathway under section 804 of the National Defense Authorization + Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 + note) that is estimated by the Secretary of Defense to require + an eventual total expenditure described in section + 2430(a)(1)(B).''; and + (B) by adding at the end the following new paragraphs: + ``(6) Milestone b approval.--The term `Milestone B approval' + has the meaning given that term in section 2366(e)(7) of this + title. + ``(7) Milestone decision authority.--The term `milestone + decision authority' has the meaning given in section 2431a(e)(5) of + this title.''. + (b) Additional Requirements Before Milestone B Approval.--Section +2366b of title 10, United States Code is amended-- + (1) in subsection (a)(3)-- + (A) in subparagraph (N), by striking ``and'' at the end; + (B) in subparagraph (O), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following new subparagraph: + ``(P) has approved the life cycle sustainment plan required + under section 2337(b) of this title.''; and + (2) in subsection (c)(1)-- + (A) by redesignating subparagraph (H) as subparagraph (I); + and + (B) by inserting after subparagraph (G) the following new + subparagraph: + ``(H) A summary of the life cycle sustainment plan required + under section 2337 of this title.''. + (c) Recurring Sustainment Reviews.--Section 2441 of title 10, +United States Code, is amended-- + (1) in subsection (a)-- + (A) in the first sentence-- + (i) by striking ``major weapon system'' and inserting + ``covered system''; + (ii) by striking ``and throughout the life cycle of the + weapon system'' and inserting ``, and every five years + thereafter throughout the life cycle of the covered + system,''; and + (iii) by striking ``costs of the weapon system'' and + inserting ``costs of the covered system''; and + (B) by striking the second sentence; + (2) in subsection (b)-- + (A) in the matter preceding paragraph (1), by inserting + ``assess execution of the life cycle sustainment plan of the + covered system and'' before ``include the following + elements:''; and + (B) by adding at the end the following new paragraph: + ``(10) As applicable, information regarding any decision to + restructure the life cycle sustainment plan for a covered system or + any other action that will lead to critical operating and support + cost growth.''; and + (3) by adding at the end the following new subsections: + ``(d) Submission to Congress.--(1) Not later than September 30 of +each fiscal year, the Secretary of each military department shall +annually submit to the congressional defense committees the sustainment +reviews required by this section for such fiscal year. + ``(2) Each submission under paragraph (1) shall be submitted in +unclassified form, but may include a classified annex. + ``(3) For a covered system with critical operating and support cost +growth, such submission shall include a remediation plan to reduce +operating and support costs or a certification by the Secretary +concerned that such critical operating and support cost growth is +necessary to meet national security requirements. + ``(e) Definitions.--In this section: + ``(1) Covered system.--The term `covered system' shall have the + meaning given in section 2337 of this title. + ``(2) Critical operating and support cost growth.--The term + `critical operating and support cost growth' means operating and + support cost growth-- + ``(A) of at least 25 percent more than the estimate + documented in the most recent independent cost estimate for the + covered system; or + ``(B) of at least 50 percent more than the estimate + documented in the original Baseline Estimate (as defined in + section 2435(d) of this title) for the covered system.''. + (d) Comptroller General Review.-- + (1) In general.--The Comptroller General of the United States + shall-- + (A) annually, select 10 covered systems for which a + sustainment review has been submitted under section 2441(d) of + title 10, United States Code; and + (B) submit to the congressional defense committees an + assessment of the steps taken by Secretaries concerned to + quantify and address critical operating and support cost growth + with respect to such covered systems. + (2) Contents.--Each assessment described in paragraph (1) shall + include-- + (A) an evaluation of-- + (i) the causes of critical operating and support cost + growth for each such covered system; + (ii) the extent to which the Secretary concerned has + mitigated critical operating and support cost growth of + such covered system; and + (iii) any other issues related to potential critical + operating and support cost growth the Comptroller General + determines appropriate; and + (B) any recommendations, including steps the Secretaries + concerned could take to reduce critical operating and support + cost growth for covered systems and lessons learned to be + incorporated in covered system acquisitions. + (3) Termination.--The requirement under this subsection shall + terminate on September 30, 2025. + (4) Definitions.--In this subsection, the terms ``covered + system'' and ``critical operating and support cost growth'' have + the meanings given, respectively, in section 2441 of title 10, + United States Code. + (e) Report on Sustainment Planning Processes for Non-major Defense +Acquisition Program Activities.--Not later than December 31, 2021, the +Secretary of Defense shall submit to the congressional defense +committees a report on the process for ensuring that timely and robust +sustainment planning processes are in place for all acquisition +activities. The report shall include a discussion of-- + (1) sustainment planning processes for each-- + (A) acquisition program or project that is carried out + using the rapid fielding or rapid prototyping acquisition + pathway under section 804 of the National Defense Authorization + Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 + note); + (B) information technology and software program; + (C) services contract, including each services contract for + information technologies and systems; and + (D) acquisition activity other than major defense + acquisition programs (as defined in section 2430 of title 10, + United States Code), as determined by the Secretary of Defense; + (2) methods to identify responsible individuals for sustainment + planning; + (3) required elements of sustainment planning; + (4) timing of sustainment planning activities in the + acquisition process; + (5) measures and metrics to assess compliance with sustainment + plans; and + (6) actions to continuously monitor, create incentives for, and + ensure compliance with sustainment plans. + SEC. 803. DISCLOSURES FOR OFFERORS FOR CERTAIN SHIPBUILDING MAJOR + DEFENSE ACQUISITION PROGRAM CONTRACTS. + (a) In General.--Chapter 137 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 2339c. Disclosures for offerors for certain shipbuilding major + defense acquisition program contracts + ``(a) In General.--Any covered offeror seeking to be awarded a +shipbuilding construction contract as part of a major defense +acquisition program with funds from the Shipbuilding and Conversion, +Navy account shall disclose along with the offer and any subsequent +revisions of the offer (including the final proposal revision offer) if +any part of the planned contract performance will or is expected to +include foreign government subsidized performance, foreign financing, +foreign financial guarantees, or foreign tax concessions. + ``(b) Requirements.--A disclosure required under subsection (a) +shall be made in a form prescribed by the Secretary of the Navy and +shall include a specific description of the extent to which the planned +contract performance will include, with or without contingencies, any +foreign government subsidized performance, foreign financing, foreign +financial guarantees, or foreign tax concessions. + ``(c) Congressional Notification.--Not later than 5 days after +awarding a contract described under subsection (a), the Secretary of +the Navy shall notify the congressional defense committees and +summarize the disclosure provided under such subsection. + ``(d) Definitions.--In this section: + ``(1) Covered offeror.--The term `covered offeror' means any + offeror that requires or may reasonably be expected to require, + during the period of performance on a shipbuilding construction + contract described in subsection (a), a method to mitigate or + negate foreign ownership under section 2004.34(f)(6) of title 32, + Code of Federal Regulations. + ``(2) Foreign government subsidized performance.--The term + `foreign government subsidized performance' means any financial + support, materiel, services, or guarantees of support, services, + supply, performance, or intellectual property concessions, that may + be provided to or for the covered offeror or the customer of the + offeror by a foreign government or entity effectively owned or + controlled by a foreign government, which may have the effect of + supplementing, supplying, servicing, or reducing the cost or price + of an end item, or supporting, financing in whole or in part, or + guaranteeing contract performance by the offeror. + ``(3) Major defense acquisition program.--The term `major + defense acquisition program' has the meaning given the term in + section 2430 of this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 137 of title 10, United States Code, is amended by inserting +after the item relating to section 2339b the following new item: + +``2339c. Disclosures for offerors for certain shipbuilding major defense + acquisition program contracts.''. + SEC. 804. IMPLEMENTATION OF MODULAR OPEN SYSTEMS APPROACHES. + (a) Requirements for Interface Delivery.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Under Secretary of Defense for + Acquisition and Sustainment, in coordination with the Joint All- + Domain Command and Control cross-functional team and the Director + for Command, Control, Communications, and Computers/Cyber, shall + issue regulations and guidance applicable to the military + departments, Defense Agencies, Department of Defense Field + Activities (as such terms are defined, respectively, in section 101 + of title 10, United States Code), and combatant commands, as + appropriate, to-- + (A) facilitate the Department of Defense's access to and + utilization of modular system interfaces; + (B) fully realize the intent of chapter 144B of title 10, + United States Code, by facilitating the implementation of + modular open system approaches across major defense acquisition + programs (as defined in section 2430 of title 10, United States + Code) and other relevant acquisition programs, including in the + acquisition and sustainment of weapon systems, platforms, and + components for which no common interface standard has been + established, to enable communication between such weapon + systems, platforms, and components; and + (C) advance the efforts of the Department to generate + diverse and recomposable kill chains. + (2) Elements.--The regulations and guidance required under + paragraph (1) shall include requirements that-- + (A) the program officer for each weapon system + characterizes, in the acquisition strategy required under + section 2431a of title 10, United States Code or in other + documentation, the desired modularity of the weapon system for + which the program officer is responsible, including-- + (i) identification of-- + + (I) the modular systems that comprise the weapon + system; + (II) the information that should be communicated + between individual modular systems (such as tracking + and targeting data or command and control + instructions); and + (III) the desired function of the communication + between modular systems (such as fire control + functions); and + + (ii) a default configuration specifying which modular + systems should communicate with other modular systems, + including modular systems of other weapon systems; + (B) each relevant Department of Defense contract entered + into after the date on which the regulations and guidance + required under paragraph (1) are implemented includes + requirements for the delivery of modular system interfaces for + modular systems deemed relevant in the acquisition strategy or + documentation referred to in subparagraph (A), including-- + (i) software-defined interface syntax and properties, + specifically governing how values are validly passed and + received between major subsystems and components, in + machine-readable format; + (ii) a machine-readable definition of the relationship + between the delivered interface and existing common + standards or interfaces available in the interface + repositories established pursuant to subsection (c); and + (iii) documentation with functional descriptions of + software-defined interfaces, conveying semantic meaning of + interface elements, such as the function of a given + interface field; + (C) the relevant program offices, including those + responsible for maintaining and upgrading legacy systems-- + (i) that have not characterized the desired modularity + of the systems nevertheless meet the requirements of + paragraph (2)(A), if the program officers make an effort, + to the extent practicable, to update the acquisition + strategies required under section 2431a of title 10, United + States Code, or to develop or update other relevant + documentation; and + (ii) that have awarded contracts that do not include + the requirements specified in subparagraph (B) of paragraph + (2) nevertheless acquire, to the extent practicable, the + items specified in clauses (i) through (iii) of such + subparagraph, either through contractual updates, separate + negotiations or contracts, or program management + mechanisms; and + (D) the relevant program officers deliver modular system + interfaces and the associated documentation to at least one of + the repositories established pursuant to subsection (c). + (3) Applicability of regulations and guidance.-- + (A) Applicability.--The regulations and guidance required + under paragraph (1) shall apply to any program office + responsible for the prototyping, acquisition, or sustainment of + a new or existing weapon system. + (B) Extension of scope.--Not earlier than 1 year before, + and not later than 2 years after the regulations and guidance + required under paragraph (1) are issued for weapon systems, the + Under Secretary of Defense for Acquisition and Sustainment may + extend such regulations and guidance to apply to software-based + non-weapon systems, including business systems and + cybersecurity systems. + (4) Inclusion of components.--For the purposes of paragraph + (2)(A), each component that meets the following requirements shall + be treated as a modular system: + (A) A component that is able to execute without requiring + coincident execution of other weapon systems or components and + can communicate across component boundaries and through + interfaces. + (B) A component that can be separated from and recombined + with other weapon systems or components to achieve various + effects, missions, or capabilities. + (C) A component that is covered by a unique contract line + item. + (5) Machine-readable definition.--Where appropriate and + available, the requirement in paragraph (2)(B)(ii) for a machine- + readable definition may be satisfied by using a covered technology. + (b) Extension of Modular Open Systems Approach and Rights in +Interface Software.-- + (1) Requirement for modular open system approach.--Section + 2446a of title 10, United States Code, is amended-- + (A) in subsection (a), by adding at the end the following: + ``Other defense acquisition programs shall also be designed and + developed, to the maximum extent practicable, with a modular + open system approach to enable incremental development and + enhance competition, innovation, and interoperability.''; + (B) in subsection (b)-- + (i) in paragraph (1)-- + + (I) in subparagraph (A), by striking ``major system + interfaces'' and all that follows and inserting + ``modular system interfaces between major systems, + major system components and modular systems;''; + (II) in subparagraph (B), by striking ``major + system interfaces'' and all that follows and inserting + the following: ``that relevant modular system + interfaces-- + + ``(i) comply with, if available and suitable, widely + supported and consensus-based standards; or + ``(ii) are delivered pursuant to the requirements + established in subsection (a)(2)(B) of section 804 of the + William M. (Mac) Thornberry National Defense Authorization + Act for Fiscal Year 2021, including the delivery of-- + + ``(I) software-defined interface syntax and + properties, specifically governing how values are + validly passed and received between major subsystems + and components, in machine-readable format; + ``(II) a machine-readable definition of the + relationship between the delivered interface and + existing common standards or interfaces available in + Department interface repositories; and + ``(III) documentation with functional descriptions + of software-defined interfaces, conveying semantic + meaning of interface elements, such as the function of + a given interface field;''; and + (III) in subparagraph (C), by inserting ``and + modular systems'' after ``severable major system + components''; + + (ii) in paragraph (3)(A), by striking ``well-defined + major system interfaces'' and inserting ``modular system + interfaces''; + (iii) by amending paragraph (4) to read as follows: + ``(4) The term `modular system interface' means a shared + boundary between major systems, major system components, or modular + systems, defined by various physical, logical, and functional + characteristics, such as electrical, mechanical, fluidic, optical, + radio frequency, data, networking, or software elements.''; + (iv) by redesignating paragraphs (5) through (8) as + paragraphs (6) through (9), respectively; and + (v) by inserting after paragraph (4) the following new + paragraph: + ``(5) The term `modular system' refers to a weapon system or + weapon system component that-- + ``(A) is able to execute without requiring coincident + execution of other specific weapon systems or components; + ``(B) can communicate across component boundaries and + through interfaces; and + ``(C) functions as a module that can be separated, + recombined, and connected with other weapon systems or weapon + system components in order to achieve various effects, + missions, or capabilities.''. + (2) Rights in technical data.-- + (A) In general.--Section 2320 of title 10, United States + Code, is amended-- + (i) in subsection (a)(2), by amending subparagraph (G) + to read as follows: + ``(G) Modular system interfaces developed exclusively at + private expense or with mixed funding.--Notwithstanding + subparagraphs (B) and (E), the United States shall have government + purpose rights in technical data pertaining to a modular system + interface developed exclusively at private expense or in part with + Federal funds and in part at private expense and used in a modular + open system approach pursuant to section 2446a of this title, + except in any case in which the Secretary of Defense determines + that negotiation of different rights in such technical data would + be in the best interest of the United States. Such modular system + interface shall be identified in the contract solicitation and the + contract. For technical data pertaining to a modular system + interface developed exclusively at private expense for which the + United States asserts government purpose rights, the Secretary of + Defense shall negotiate with the contractor the appropriate and + reasonable compensation for such technical data.''; and + (ii) in subsection (h), by striking ``, `major system + interface''' and inserting ``, `modular system + interface'''. + (B) Regulations.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall + update the regulations required by section 2320(a)(1) of title + 10, United States Code, to reflect the amendments made by this + paragraph. + (c) Interface Repositories.-- + (1) Establishment.--Not later than 90 days after the date of + the enactment of this Act, the Under Secretary of Defense for + Acquisition and Sustainment shall-- + (A) direct the Secretaries concerned and the heads of other + appropriate Department of Defense components to establish and + maintain repositories for interfaces, syntax and properties, + documentation, and communication implementations delivered + pursuant to the requirements established under subsection + (a)(2)(B); + (B) establish and maintain a comprehensive index of + interfaces, syntax and properties, documentation, and + communication implementations delivered pursuant to the + requirements established under subsection (a)(2)(B) and + maintained in the repositories required under subparagraph (A); + and + (C) if practicable, establish and maintain an alternate + reference repository of interfaces, syntax and properties, + documentation, and communication implementations delivered + pursuant to the requirements established under subsection + (a)(2)(B). + (2) Distribution of interfaces.-- + (A) In general.--Consistent with the requirements of + section 2320 of title 10, United States Code, the Under + Secretary of Defense for Acquisition and Sustainment shall, in + coordination with the Director of the Defense Standardization + Program Office, use the index and repositories established + pursuant to paragraph (1) to provide access to interfaces and + relevant documentation to authorized Federal Government and + non-Governmental entities. + (B) Non-government recipient use limits.--A non- + Governmental entity that receives access under subparagraph (A) + may not further release, disclose, or use such data except as + authorized. + (d) System of Systems Integration Technology and Experimentation.-- + (1) Demonstration and assessment.-- + (A) In general.--Not later than one year after the date of + the enactment of this Act, the Director for Command, Control, + Communications, and Computers/Cyber and the Chief Information + Officer of the Department of Defense, acting through the Joint + All-Domain Command and Control cross-functional team, shall + conduct demonstrations and complete an assessment of the + technologies developed under the System of Systems Integration + Technology and Experimentation program of the Defense Advanced + Research Projects Agency, including a covered technology, and + the applicability of any such technologies to the Joint All- + Domain Command and Control architecture. + (B) Coverage.--The demonstrations and assessment required + under subparagraph (A) shall include-- + (i) at least three demonstrations of the use of a + covered technology to create, under constrained schedules + and budgets, novel kill chains involving previously + incompatible weapon systems, sensors, and command, control, + and communication systems from multiple military services + in cooperation with United States Indo-Pacific Command or + United States European Command; + (ii) an evaluation as to whether the communications + enabled via a covered technology are sufficient for + military missions and whether such technology results in + any substantial performance loss in communication between + systems, major subsystems, and major components; + (iii) an evaluation as to whether a covered technology + obviates the need to develop, impose, and maintain strict + adherence to common communication and interface standards + for weapon systems; + (iv) the appropriate roles and responsibilities of the + Chief Information Officer of the Department of Defense, the + Under Secretary of Defense for Acquisition and Sustainment, + the heads of the combatant commands, the Secretaries + concerned, the Defense Advanced Research Projects Agency, + and the defense industrial base in using and maintaining a + covered technology to generate diverse and recomposable + kill chains as part of the Joint All-Domain Command and + Control architecture; + (v) for at least one of the demonstrations conducted + under clause (i), demonstration of the use of technology + developed under the High-Assurance Cyber Military Systems + program of the Defense Advanced Research Projects Agency to + secure legacy weapon systems and command and control + capabilities while facilitating interoperability; + (vi) an evaluation of how the technology referred to in + clause (v) and covered technology should be used to improve + cybersecurity and interoperability across critical weapon + systems and command and control capabilities across the + joint forces; and + (vii) coordination with the program manager for the + Time Sensitive Targeting Defeat program under the Under + Secretary of Defense for Research and Engineering and the + Under Secretary of Defense for Intelligence and Security. + (2) Chief information officer assessment.-- + (A) In general.--The Chief Information Officer for the + Department of Defense, in coordination with the Principal Cyber + Advisor to the Secretary of Defense and the Director of the + Cybersecurity Directorate of the National Security Agency, + shall assess the technologies developed under the System of + Systems Integration Technology and Experimentation program of + the Defense Advanced Research Projects Agency, including the + covered technology, and applicability of such technology to the + business systems and cybersecurity tools of the Department. + (B) Coverage.--The assessment required under subparagraph + (A) shall include-- + (i) an evaluation as to how the technologies referred + to in such subparagraph could be used in conjunction with + or instead of existing cybersecurity standards, frameworks, + and technologies designed to enable communication between, + and coordination of, cybersecurity tools; + (ii) as appropriate, demonstrations by the Chief + Information Office of the use of such technologies in + enabling communication between, and coordination of, + previously incompatible cybersecurity tools; and + (iii) as appropriate, demonstrations of the use of such + technologies in enabling communication between previously + incompatible business systems. + (3) Sustainment of certain engineering resources and + capabilities.--During the period the demonstrations and assessments + required under this subsection are conducted, and thereafter to the + extent required to execute the activities directed by the Joint + All-Domain Command and Control cross-functional team, the Joint + All-Domain Command and Control cross-functional team shall sustain + the System of Systems Technology Integration Tool Chain for + Heterogeneous Electronic Systems engineering resources and + capabilities developed by the Defense Advanced Research Projects + Agency. + (4) Transfer of responsibility.--Not earlier than 1 year + before, and not later than 2 years after the date of the enactment + of this Act, the Secretary of Defense may transfer responsibility + for maintaining the engineering resources and capabilities + described in paragraph (3) to a different organization within the + Department. + (e) Open Standards.--Nothing in this section shall be construed as +requiring, preventing, or interfering with the use or application of +any given communication standard or interface. The communication +described in subsection (a)(2)(A) may be accomplished by using existing +open standards, by the creation and use of new open standards, or +through other approaches, provided that such standards meet the +requirements of subsection (a)(2)(B). + (f) Definitions.--In this section: + (1) The term ``covered technology'' means the domain-specific + programming language for interface field transformations and its + associated compilation toolchain (commonly known as the ``System of + Systems Technology Integration ToolChain for Heterogeneous + Electronic Systems'') developed under the Defense Advanced Research + Projects Agency System of Systems Integration Technology and + Experimentation program, or any other technology that is + functionally equivalent. + (2) The term ``desired modularity'' means the desired degree to + which weapon systems, components within a weapon system, and + components across weapon systems can function as modules that can + communicate across component boundaries and through interfaces and + can be separated and recombined to achieve various effects, + missions, or capabilities, as determined by the program officer for + such weapon system. + (3) The term ``machine-readable format'' means a format that + can be easily processed by a computer without human intervention. + (4) The terms ``major system'', ``major system component'', + ``modular open system approach'', ``modular system'', ``modular + system interface'', and ``weapon system'' have the meanings given + such terms, respectively, in section 2446a of title 10, United + States Code. + SEC. 805. CONGRESSIONAL NOTIFICATION OF TERMINATION OF A MIDDLE + TIER ACQUISITION PROGRAM. Section 804 of the National Defense Authorization Act for Fiscal -Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note), is amended by -adding at the end the following new subsection: +Year 2016 (10 U.S.C. 2302 note) is amended by adding at the end the +following new subsection: ``(e) Report.--Not later than 30 days after the date of termination of an acquisition program commenced using the authority under this section, the Secretary of Defense shall submit to Congress a notification of such termination. Such notice shall include-- - ``(1) the initial amount of a contract awarded under such - acquisition program; - ``(2) the aggregate amount of funds awarded under such - contract; and - ``(3) written documentation of the reason for termination - of such acquisition program.''. - -SEC. 802. MODIFICATION TO THE DEFINITION OF NONTRADITIONAL DEFENSE - CONTRACTOR. - - Section 2302(9) of title 10, United States Code, is amended to read -as follows: - ``(9) the term `nontraditional defense contractor', with - respect to a procurement or with respect to a transaction - authorized under section 2371(a) or 2371b of this title, - means-- - ``(A) an entity that is not currently performing - and has not performed, for at least the one-year period - preceding the solicitation of sources by the Department - of Defense for the procurement or transaction, any - contract or subcontract for the Department of Defense - that is subject to full coverage under the cost - accounting standards prescribed pursuant to section - 1502 of title 41 and the regulations implementing such - section; or - ``(B) a corporation all of the stock of which is - owned by an employee stock ownership plan (as defined - in section 4975(e)(7) of the Internal Revenue Code of - 1986).''. - -SEC. 803. MAJOR WEAPON SYSTEMS: LIFE-CYCLE SUSTAINMENT PLAN. - - (a) In General.--Chapter 139 of title 10, United States Code, is -amended by inserting after section 2366c the following new section: -``Sec. 2366d. Major weapon systems: life-cycle sustainment plans - ``(a) Requirement.--Before granting Milestone C approval for a -major weapon system acquired pursuant to a major defense acquisition -program, the milestone decision authority for such program shall submit -to the Secretary a life-cycle sustainment plan. - ``(b) Elements.--A life-cycle sustainment plan required under -subsection (a) shall include-- - ``(1) a sustainment plan that includes the product support - strategy, performance, and operation and support costs of the - major weapon system; - ``(2) metrics to measure readiness and availability of the - major weapon system to perform its intended purpose or - function; - ``(3) a schedule for the major maintenance and overhaul - activities that will be required during the life cycle of the - major weapon system; and - ``(4) a sustainment baseline cost estimate for the planned - life cycle of the major weapon system that includes a technical - data and intellectual property management plan that clearly - delineates which subsystems of the major weapon system are - Government-owned or Government-required and which subsystems - are owned by a prime contractor or subcontractor (at any tier). - ``(c) Review.--The Secretary of Defense shall review a life-cycle -sustainment plan submitted under subsection (a) 5 years after the -receipt of Milestone C approval described in such subsection, and every -10 years thereafter, to ensure that the major weapon system is cost -effective and is able to meet required metrics relating to readiness -and availability of such system. - ``(d) Notification Requirements.-- - ``(1) In general.--Not later than 45 days after a - significant and critical breach of a sustainment baseline cost - estimate of a life-cycle sustainment plan for a major weapon - system acquired pursuant to a major defense acquisition - program, the Secretary of the military department that is - managing such program shall submit to the congressional defense - committees a notification of such breach. - ``(2) Review.--Not later than 180 days after submitting a - notification under paragraph (1), such Secretary shall review - the sustainment costs of the major weapon system to which such - notification relates relative to the sustainment baseline cost - estimate. - ``(3) Additional submission.--Such Secretary shall submit - to the congressional defense committees-- - ``(A) a certification that the review required - under paragraph (2) has been completed; and - ``(B) a remediation plan or endorsement by such - Secretary that the sustainment cost growth is justified - and required for such Secretary to meet the - requirements related to the major defense acquisition - program. - ``(e) Definitions.--In this section: - ``(1) Major defense acquisition program.--The term `major - defense acquisition program' has the meaning given in section - 2430 of this title. - ``(2) Major weapon system.--The term `major weapon system' - has the meaning given in section 2379(f) of this title. - ``(3) Milestone c approval.--The term `Milestone C - approval' means a decision to enter into production and - deployment pursuant to guidance prescribed by the Secretary of - Defense for the management of a major defense acquisition - program. - ``(4) Sustainment baseline cost estimate.--The term - `sustainment baseline cost estimate' means the cost estimate - and schedule for a life-cycle sustainment plan required under - this section.''. - (b) Clerical Amendment.--The table of sections at the beginning of -chapter 139 of title 10, United States Code, is amended by inserting -after the item relating to section 2366c the following new item: - -``2366d. Major weapon systems: life-cycle sustainment plans.''. - -SEC. 804. CONTRACTOR BUSINESS SYSTEMS. - + ``(1) the initial amount of a contract awarded under such + acquisition program; + ``(2) the aggregate amount of funds awarded under such + contract; and + ``(3) written documentation of the reason for termination of + such acquisition program.''. + SEC. 806. DEFINITION OF MATERIAL WEAKNESS FOR CONTRACTOR BUSINESS + SYSTEMS. Section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 2302 note) is amended-- - (1) in subsection (b)-- - (A) in paragraph (2), by striking ``significant - deficiencies'' and inserting ``deficiencies and - material weaknesses''; - (B) in paragraph (4), by striking ``significant - deficiency'' and inserting ``material weakness''; and - (C) in paragraph (5)(A), by striking ``significant - deficiency'' and inserting ``material weakness''; - (2) in subsection (d)(1), by striking ``significant - deficiencies'' and inserting ``material weaknesses''; - (3) in subsection (g)-- - (A) in paragraph (3), by striking ``significant - deficiency'' and inserting ``material weakness''; - (B) by striking paragraph (4); - (C) by redesignating paragraph (5) as paragraph - (4); and - (D) by adding at the end the following new - paragraph: - ``(5) The term `material weakness' means a deficiency or - combination of deficiencies in the internal control of a - contractor business system used to comply with contracting - requirements of the Department of Defense, or other - shortcomings in such system, such that there is a reasonable - possibility that a material noncompliance with contracting - requirements will not be prevented, or detected and corrected, - on a timely basis.''. - -SEC. 805. ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT ARTIFICIAL - INTELLIGENCE CENTER. - - (a) Authority.-- - (1) In general.--The Director of the Joint Artificial - Intelligence Center shall be responsible for, and shall have - the authority to conduct, the following covered activities: - (A) Development and acquisition of artificial - intelligence technologies, services, and capabilities. - (B) Sustainment of artificial intelligence - technologies, services, and capabilities. - (2) Acquisition functions.--Subject to the authority, - direction, and control of the Secretary of Defense, the - Director shall have authority to exercise the functions of a - head of an agency (as defined in section 2302 of title 10, - United States Code) with respect to a covered activity - described in paragraph (1). + (1) by striking ``significant deficiencies'' both places it + appears and inserting ``material weaknesses''; + (2) by striking ``significant deficiency'' each place it + appears and inserting ``material weakness''; and + (3) by amending subsection (g)(4) to read as follows: + ``(4) The term `material weakness' means a deficiency or + combination of deficiencies in the internal control over + information in contractor business systems, such that there is a + reasonable possibility that a material misstatement of such + information will not be prevented, or detected and corrected, on a + timely basis. For purposes of this paragraph, a reasonable + possibility exists when the likelihood of an event occurring-- + ``(A) is probable; or + ``(B) is more than remote but less than likely.''. + SEC. 807. SPACE SYSTEM ACQUISITION AND THE ADAPTIVE ACQUISITION + FRAMEWORK. + (a) Service Acquisition Executive for Space Systems and Programs.-- +Before implementing the application of the adaptive acquisition +framework to a Space Systems Acquisition pathway described in +subsection (c), there shall be within the Department of the Air Force +an individual serving as the Service Acquisition Executive of the +Department of the Air Force for Space Systems and Programs as required +under section 957 of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1566; 10 U.S.C. 9016 note). + (b) Milestone Decision Authority for United States Space Force.-- + (1) Program executive officer.--The Service Acquisition + Executive for Space Systems and Programs of the United States Space + Force may further delegate authority to an appropriate program + executive officer to serve as the milestone decision authority for + major defense acquisition programs of the United States Space + Force. + (2) Program manager.--The program executive officer assigned + under paragraph (1) may further delegate authority over major + systems to an appropriate program manager. + (c) Adaptive Acquisition Framework Application to Space +Acquisition.-- + (1) In general.--The Secretary of Defense shall take such + actions necessary to ensure the adaptive acquisition framework (as + described in Department of Defense Instruction 5000.02, ``Operation + of the Adaptive Acquisition Framework'') includes one or more + pathways specifically tailored for Space Systems Acquisition in + order to achieve faster acquisition, improve synchronization and + more rapid fielding of critical end-to-end capabilities (including + by using new commercial capabilities and services), while + maintaining accountability for effective programs that are + delivered on time and on budget. + (2) Goal.--The goal of the application of the adaptive + acquisition framework to a Space Systems Acquisition pathway shall + be to quickly and effectively acquire end-to-end space warfighting + capabilities needed to address the requirements of the national + defense strategy (as defined under section 113(g) of title 10, + United States Code). + (d) Report.-- + (1) In general.--Not later than May 15, 2021, the Secretary of + Defense shall submit to the congressional defense committees a + report on the application of the adaptive acquisition framework to + any Space Systems Acquisition pathway established under subsection + (a) that includes the following: + (A) Proposed United States Space Force budget line items + for fiscal year 2022, including-- + (i) a comparison with budget line items for any major + defense acquisition programs, middle tier acquisition + programs, covered software programs, and major systems of + the United States Space Force for three previous fiscal + years; + (ii) existing and recommended measures to ensure + sufficient transparency and accountability related to the + performance of the Space Systems Acquisition pathway; and + (iii) proposed mechanisms to enable insight into the + funding prioritization process and significant funding + changes, including the independent cost estimate basis and + full funding considerations for any major defense + acquisition programs, middle tier acquisition programs, + covered software programs, and major systems procured by + the United States Space Force. + (B) Proposed revised, flexible, and streamlined options for + joint requirements validation in order to be more responsive + and innovative, while ensuring the ability of the Joint Chiefs + of Staff to ensure top-level system requirements are properly + prioritized to address joint-warfighting needs. + (C) A list of acquisition programs of the United States + Space Force for which multiyear contracting authority under + sections 2306b or 2306c of title 10, United States Code, is + recommended. + (D) A list of space systems acquisition programs for which + alternative acquisition pathways may be used. + (E) Policies or procedures for potential new pathways in + the application of the adaptive acquisition framework to a + Space Systems Acquisition with specific acquisition key + decision points and reporting requirements for development, + fielding, and sustainment activities that meet the requirements + of the adaptive acquisition framework. + (F) An analysis of the need for updated determination + authority for procurement of useable end items that are not + weapon systems. + (G) Policies and a governance structure, for both the + Office of the Secretary of Defense and each military + department, for a separate United States Space Force budget + topline, corporate process, and portfolio management process. + (H) An analysis of the risks and benefits of the delegation + of the authority of the head of contracting activity authority + to the Chief of Space Operations in a manner that would not + expand the operations of the United States Space Force. + (2) Comptroller general review.--Not later than 60 days after + the submission of the report required under paragraph (1), the + Comptroller General of the United States shall review such report + and submit to the congressional defense committees an analysis and + recommendations based on such report. + (e) Definitions.--In this section: + (1) Covered software program.--The term ``covered software + program'' means an acquisition program or project that is carried + out using the software acquisition pathway established under + section 800 of the National Defense Authorization Act for Fiscal + Year 2020 (Public Law 116-92; 133 Stat. 1478; 10 U.S.C. 2223a + note). + (2) Major defense acquisition program.--The term ``major + defense acquisition program'' has the meaning given in section 2430 + of title 10, United States Code. + (3) Major system.--The term ``major system'' has the meaning + given in section 2302 of title 10, United States Code. + (4) Middle tier acquisition program.--The term ``middle tier + acquisition program'' means an acquisition program or project that + is carried out using the rapid fielding or rapid prototyping + acquisition pathway under section 804 of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 + U.S.C. 2302 note). + (5) Milestone decision authority.--The term ``milestone + decision authority'' has the meaning given in section 2431a of + title 10, United States Code. + (6) Program executive officer; program manager.--The terms + ``program executive officer'' and ``program manager'' have the + meanings given those terms, respectively, in section 1737 of title + 10, United States Code. + SEC. 808. ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT + ARTIFICIAL INTELLIGENCE CENTER. + (a) Authority.--The Secretary of Defense shall delegate to the +Director of the Joint Artificial Intelligence Center the acquisition +authority to exercise the functions of a head of an agency (as defined +in section 2302 of title 10, United States Code) with respect to +appropriate acquisition activities of the Center. (b) JAIC Acquisition Executive.-- - (1) In general.--The staff of the Director shall include an - acquisition executive who shall be responsible for the - supervision of covered activities under subsection (a). The - acquisition executive shall have the authority-- - (A) to negotiate memoranda of agreement with any - element of the Department of Defense to carry out the - acquisition of technologies, services, and capabilities - described in subsection (a)(1) on behalf of the Center; - (B) to supervise the acquisition of technologies, - services, and capabilities described in subsection - (a)(1); - (C) to represent the Center in discussions with - military departments regarding acquisition programs - relating to covered activities for which the Center is - involved; and - (D) to work with the military departments to ensure - that the Center is appropriately represented in any - joint working group or integrated product team - regarding acquisition programs relating to covered - activities for which the Center is involved. - (2) Delivery of acquisition solutions.--The acquisition - executive of the Center shall be-- - (A) responsible to the Director for rapidly - delivering acquisition solutions to meet validated - artificial intelligence requirements; - (B) subordinate to the Under Secretary of Defense - for Acquisition and Sustainment in matters of - acquisition; - (C) subject to the same oversight as the service - acquisition executives; and - (D) included on the distribution list for - acquisition directives and instructions of the - Department of Defense. + (1) In general.--The staff of the Director shall include an + acquisition executive who shall be responsible for the supervision + of appropriate acquisition activities under subsection (a). Subject + to the authority, direction, and control of the Director of the + Center, the acquisition executive shall have the authority-- + (A) to negotiate memoranda of agreement with any element of + the Department of Defense to carry out the acquisition of + technologies, services, and capabilities developed or + identified by the Center; + (B) to supervise the acquisition of technologies, services, + and capabilities to support the mission of the Center; + (C) to represent the Center in discussions with the + Secretaries concerned regarding acquisition programs relating + to such appropriate acquisition activities for which the Center + is involved; and + (D) to work with the Secretaries concerned to ensure that + the Center is appropriately represented in any joint working + group or integrated product team regarding acquisition programs + relating to such appropriate activities for which the Center is + involved. + (2) Delivery of acquisition solutions.--The acquisition + executive of the Center shall be-- + (A) responsible to the Director for rapidly delivering + capabilities to meet validated requirements; + (B) subordinate to the Under Secretary of Defense for + Acquisition and Sustainment in matters of acquisition; and + (C) included on the distribution list for acquisition + directives and instructions of the Department of Defense. (c) Acquisition Personnel.-- - (1) In general.--The Secretary of Defense shall provide the - Center with ten full-time employees to support the Director in - carrying out the requirements of this section. Such employees - shall have experience in-- - (A) program acquisition; - (B) the Joint Capabilities Integration and - Development System process; - (C) program management; - (D) system engineering; and - (E) cost analysis. - (2) Existing personnel.--The personnel provided under this - subsection shall be provided from among the existing personnel - of the Department of Defense. - (d) Budget.--Any budget proposal of the Center for funding for any -covered activity described under subsection (a) shall be disaggregated -by the amount requested for each covered activity. - (e) Funding.--In exercising the authority granted in subsection -(a), the Director may not obligate or expend more than $150,000,000 out -of the funds made available in each of fiscal years 2021, 2022, 2023, -2024, and 2025 to enter into new contracts to support covered -activities carried out under this section. - (f) Implementation Plan Required.-- - (1) In general.--The Secretary of Defense may use the - authority granted under subsection (a) 30 days after the date - on which the Secretary provides to the congressional defense - committees a plan for implementation such authority. The plan - shall include the following: - (A) A Department of Defense-wide definition of - artificial intelligence technologies, services, and - capabilities. - (B) Summaries of the components to be negotiated in - any memoranda of agreement with an element of the - Department of Defense to carry out covered activities - described under subsection (a). - (C) Timelines for the negotiation and approval of - any such memorandum of agreement. - (D) Plan for oversight of the position of - acquisition executive established in subsection (b). - (E) Assessment of the acquisition workforce needs - of the Center to support the authority in subsection - (a) until September 30, 2025. - (F) Other matters as appropriate. - (2) Relationship to other authorities.--The requirement to - submit a plan under this subsection is in addition to the - requirements under section 260 of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 - Stat. 1293). - (g) Sunset.--Effective October 1, 2025, the Director may not + (1) In general.--The Secretary of Defense shall provide the + Center with at least 10 full-time employees to support the Director + in carrying out the requirements of this section, including + personnel with experience in-- + (A) acquisition practices and processes; + (B) the Joint Capabilities Integration and Development + System process; + (C) program management; + (D) software development and systems engineering; and + (E) cost analysis. + (2) Existing personnel.--The personnel provided under this + subsection shall be provided from among the existing personnel of + the Department of Defense. + (d) Funding.--In exercising the acquisition authority granted in +subsection (a), the Director may not obligate or expend more than +$75,000,000 out of the funds made available in each of fiscal years +2021, 2022, 2023, 2024, and 2025 to enter into new contracts to support +appropriate acquisition activities carried out under this section. + (e) Implementation Plan and Demonstration Required.-- + (1) In general.--The Secretary of Defense-- + (A) may use the acquisition authority granted under + subsection (a) on or after 30 days after the date on which the + Secretary provides to the congressional defense committees a + plan for implementation of such authority; and + (B) by March 15, 2022, shall provide a demonstration of + operational capability delivered under such authority. + (2) Implementation plan.--The plan shall include the following: + (A) Description of the types of activities to be undertaken + using the acquisition authority provided under subsection (a). + (B) Plan for the negotiation and approval of any such + memorandum of agreement with an element of the Department of + Defense to support Center missions and transition of artificial + intelligence capabilities into appropriate acquisition programs + or into operational use. + (C) Plan for oversight of the position of acquisition + executive established in subsection (b). + (D) Assessment of the acquisition workforce, tools, and + infrastructure needs of the Center to support the authority + under subsection (a) until September 30, 2025. + (E) Other matters as appropriate. + (3) Demonstration.--The capability demonstration shall include + a description of how the acquisition authority enabled the + capability, how requirements were established and agreed upon, how + testing was conducted, and how the capability was transitioned to + the user, as well as any other matters deemed appropriate by the + Center. + (4) Relationship to other authorities.--The requirement to + submit a plan under this subsection is in addition to the + requirements under section 260 of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1293). + (f) Sunset.--Effective October 1, 2025, the Director may not exercise the authority under subsection (a) and may not enter into any new contracts under this section. The performance on any contract entered into before such date may continue according to the terms of such contract. - (h) Definitions.--In this section: - (1) Center.--The term ``Center'' means the Joint Artificial - Intelligence Center of the Department of Defense established - pursuant to the memorandum of the Secretary of Defense dated - June 27, 2018, and titled ``Establishment of the Joint - Artificial Intelligence Center'', or any successor to such - Center. - (2) Covered activity.--The term ``covered activity''-- - (A) means an acquisition activity conducted using - the authority under this section; and - (B) does not include-- - (i) a major defense acquisition program (as - defined in section 2430 of title 10, United - States Code); or - (ii) a procurement of technologies related - to artificial intelligence, if the duration of - such procurement is expected to be greater than - five years. - (3) Director.--The term ``Director'' means the Director of - the Center. - (4) Element.--The term ``element'' means an element - described under section 111(b) of title 10, United States Code. - (5) Military departments.--The term ``military - departments'' has the meaning given in section 101(8) of title - 10, United States Code. - (6) Service acquisition executive.--The term ``service - acquisition executive'' has the meaning given in section - 101(10) of title 10, United States Code. - -SEC. 806. REFORMING THE DEPARTMENT OF DEFENSE. - - (a) In General.--The Secretary of Defense shall take such action as -necessary to reform the Department of Defense to provide more -effective, efficient, and economical administration and operation, and -to eliminate duplication. - (b) National Defense Strategy.--Each national defense strategy -required by section 113(g) of title 10, United States Code, shall -include a description of the reform efforts described under subsection -(a). - (c) Defense Planning Guidance.--The annual Defense Planning -Guidance (as described in section 113(g)(2)(A) of title 10, United -States Code) shall include an explanation of how the Department of -Defense will carry out the reform efforts described under subsection -(a). - (d) Defense Authorization Request.--The Secretary of Defense shall -include in the annual defense authorization request (as defined in -section 113a of title 10, United States Code) a description of the -savings from implementing the reform efforts described under subsection -(a). Such description-- - (1) shall be set forth separately from requested amounts; - (2) may not include savings relating to the deferment of - requirements or taking of risk; - (3) shall be identified across the future-years defense - plan; and - (4) shall provide a comparison with the savings in the - annual defense authorization request from the prior year. - (e) Policy.--The Secretary of Defense shall develop a policy and -issue guidance to implement reform within the Department of Defense in -order to provide more effective, efficient, and economical -administration and operations, and to eliminate duplication. - (f) Report.--The Secretary of Defense shall report annually to -Congress on the expenditures, work, and accomplishments of the -Department of Defense during the period covered by the report, together -with a report on the reform efforts described under subsection (a). - (g) Military Departments.--Each Secretary of a military department -shall-- - (1) take such action as necessary to reform the military - department to provide more effective, efficient, and economical - administration and operations, and to eliminate duplication; - and - (2) develop a policy and issue guidance to implement reform - within the military department in order to provide more - effective, efficient, and economical administration and - operations, and to eliminate duplication. - (h) Combatant Commands.--Each commander of a combatant command -shall provide the Secretary of Defense with recommendations to reform -the combatant command of such commander to provide more effective, -efficient, and economical administration and operations, and to -eliminate duplication. - -SEC. 807. ALTERNATIVE SPACE ACQUISITION SYSTEM FOR THE UNITED STATES - SPACE FORCE. - - (a) Milestone Decision Authority for Major Defense Acquisition -Programs and Major Systems.-- - (1) Program executive officer.--The Secretary of the Air - Force may assign an appropriate program executive officer as - the milestone decision authority for major defense acquisition - programs of the United States Space Force. - (2) Program manager.--The program executive officer - assigned under paragraph (1) may delegate authority over major - systems to an appropriate program manager. - (b) Alternative Space Acquisition System.-- - (1) In general.--The Secretary of Defense shall take such - actions necessary to develop an acquisition pathway within the - Department of Defense to be known as the ``Alternative Space - Acquisition System'' that is specifically tailored for space - systems and programs in order to achieve faster acquisition and - more rapid fielding of critical systems (including by using new - commercial capabilities and services), while maintaining - accountability for effective programs that are delivered on - time and on budget. - (2) Goal.--The goal of the Alternative Space Acquisition - System shall be to quickly and effectively acquire space - warfighting capabilities needed to address the requirements of - the national defense strategy (as defined under section 113(g) - of title 10, United States Code). - (3) Report.--Not later than January 15, 2021, the Secretary - of Defense shall submit to the congressional defense committees - a report on the Alternative Space Acquisition System that - includes the following: - (A) Proposed United States Space Force budget line - items for fiscal year 2022, including-- - (i) a comparison with budget line items for - major defense acquisition programs and major - systems of the United States Space Force for - three previous fiscal years; and - (ii) measures to ensure sufficient - transparency related to the performance of the - Alternative Space Acquisition System and - opportunities to oversee funding priorities for - the Alternative Space Acquisition System. - (B) Proposed revised, flexible, and streamlined - options for joint requirements validation in order to - be more responsive and innovative, while ensuring the - ability of the Joint Chiefs of Staff to ensure top- - level system requirements are properly prioritized to - address joint warfighting needs. - (C) A list of acquisition programs of the United - States Space Force for which multiyear procurement - authorities are recommended. - (D) A list of space acquisition programs that may - be able to use existing alternative acquisition - pathways. - (E) Policies for a new Alternative Space - Acquisition System with specific acquisition key - decision points and reporting requirements for - development, fielding, and sustainment activities that - meets the requirements of the adaptive acquisition - framework (as described in Department of Defense - Instruction 5000.02, ``Operation of the Adaptive - Acquisition Framework''). - (F) Updated determination authority for procurement - of useable end items that are not weapon systems. - (G) Policies and a governance structure for a - separate United States Space Force budget topline, - corporate process, and portfolio management process. - (H) An analysis of the risks and benefits of the - delegation of the authority of the head of contracting - activity authority to the Chief of Space Operations in - a manner that would not expand the operations of the - United States Space Force. - (c) Comptroller General Review.--Not later than 60 days after the -submission of the report required under subsection (b)(3), the -Comptroller General of the United States shall review such report and -submit to the congressional defense committees an analysis and -recommendations based on such report. - (d) Definitions.--In this section: - (1) Major defense acquisition program.--The term ``major - defense acquisition program'' has the meaning given in section - 2430 of title 10, United States Code. - (2) Major system.--The term ``major system'' has the - meaning given in section 2302 of title 10, United States Code. - (3) Milestone decision authority.--The term ``milestone - decision authority'' has the meaning given in section 2431a of - title 10, United States Code. - (4) Program executive officer; program manager.--The terms - ``program executive officer'' and ``program manager'' have the - meanings given those terms, respectively, in section 1737 of - title 10, United States Code. + (g) Definitions.--In this section: + (1) Center.--The term ``Center'' has the meaning given the term + ``Joint Artificial Intelligence Center'' in section 260(c) of + National Defense Authorization Act for Fiscal Year 2020 (Public Law + 116-92; 133 Stat. 1294). + (3) Director.--The term ``Director'' means the Director of the + Center. + (4) Element.--The term ``element'' means an element described + under section 111(b) of title 10, United States Code. + (5) Secretary concerned.--The term ``Secretary concerned'' has + the meaning given in section 101(9) of title 10, United States + Code. + SEC. 809. ASSESSMENTS OF THE PROCESS FOR DEVELOPING CAPABILITY + REQUIREMENTS FOR DEPARTMENT OF DEFENSE ACQUISITION PROGRAMS. + (a) In General.--The Secretary of Defense and the individual +appointed under section 2361a(c) of title 10, United States Code, (in +this section referred to as the ``Director'') shall each-- + (1) conduct an assessment of the processes for developing and + approving capability requirements for the acquisition programs of + the Department of Defense and each military department; and + (2) develop recommendations for reforming such process to + improve the agility and timeliness of such process. + (b) Assessment Elements.--Each assessment conducted under +subsection (a) shall include the following: + (1) An assessment of the-- + (A) adherence of the capability requirements development + and approval processes to statute, regulations, policies, and + directives; + (B) alignment and standardization of the capability + requirements development, acquisition, and budget processes; + (C) technical feasibility of each approved capability + requirement; + (D) training and development of the workforce in capability + requirements development and evaluation; + (E) ability of the process for developing capability + requirements to address the urgent needs of the Department of + Defense; + (F) capacity to review changes in capability requirements + for programs of record; + (G) validation of decisions made to approve capability + requirements and the alignment of each such decision to the + national defense strategy required under section 113(g) of + title 10, United States Code; + (H) extent to which portfolio management techniques are + used in the process for developing capability requirements to + coordinate decisions and avoid duplication of capabilities + across acquisition programs; and + (I) implementation by each military department of + Comptroller General of the United States recommendations + pertaining to the process for developing and approving + capability requirements. + (2) A comprehensive analysis of the circumstances and factors + contributing to the length of time between the start of a + Capabilities-Based Assessment and the date the Joint Requirements + Oversight Council approves the related Capability Development + Document. + (3) Identification and comparison of best practices in the + private sector and the public sector for the development and + approval of capability requirements. + (4) Any additional matters that the Secretary or Director + determine appropriate. + (c) Reports.-- + (1) Assessment by secretary.--Not later than October 1, 2021, + the Secretary of Defense shall submit to the congressional defense + committees a report on the assessment conducted by the Secretary + under subsection (a), including-- + (A) a description of such assessment; + (B) the results of such assessment, including the analysis + described in subsection (b)(2); + (C) a plan to reduce, when appropriate, the length of time + between the start of a Capabilities-Based Assessment and the + date the Joint Requirements Oversight Council approves the + related Capability Development Document; and + (D) any additional recommendations for legislation, + regulations, or policies that the Secretary determines + appropriate. + (2) Assessment by director.-- + (A) Report to secretary.--Not later than November 30, 2021, + the Director shall submit to the Secretary of Defense a report + on the assessment conducted by the Director pursuant to + subsection (a). + (B) Report to congress.--Not later than January 1, 2022, + the Secretary of Defense shall submit to the congressional + defense committees the report described in subparagraph (A) + together with such comments as the Secretary determines + appropriate, including-- + (i) a description and the results of the assessment + conducted pursuant to subsection (a)(2); + (ii) recommendations on how the Department of Defense + can improve the efficiency of developing and approving + capability requirements; and + (iii) any additional recommendations for legislation, + regulations, or policies that the Secretary determines + appropriate. Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations -SEC. 811. SUSTAINMENT REFORM FOR THE DEPARTMENT OF DEFENSE. - + SEC. 811. SUSTAINMENT REFORM FOR THE DEPARTMENT OF DEFENSE. (a) Sustainment Activities in the National Defense Strategy.-- - (1) In general.--Section 113(g)(1)(B) of title 10, United - States Code, is amended by adding at the end the following new - subsection: - ``(vii) A strategic framework prescribed by - the Secretary that guides how the Department - will prioritize and integrate activities - relating to sustainment of major defense - acquisition programs, core logistics - capabilities (as described under section 2464 - of this title), and the national technology and - industrial base (as defined in section 2500 of - this title).''. - (2) Duties of the under secretary of defense for - acquisition and sustainment.--Section 133b(b) of title 10, - United States Code, is amended-- - (A) in paragraph (7), by striking ``and'' at the - end; - (B) in paragraph (8), by striking the period at the - end and inserting ``; and''; and - (C) by adding at the end the following new - paragraph: - ``(9) advising the Secretary on all aspects of acquisition - and sustainment relating to-- - ``(A) major defense acquisition programs; - ``(B) core logistics capabilities (as described - under section 2464 of this title); - ``(C) the national technology and industrial base - (as defined in section 2500 of this title); and - ``(D) the development of the strategic framework - described in section 113(g)(1)(B)(vii) of this - title.''. - (3) Interim guidance.--Not later than October 1, 2021, the - Secretary of Defense shall publish interim guidance to carry - out the requirements of this subsection. + (1) In general.--Section 113(g)(1)(B) of title 10, United + States Code, as amended by section 551 of this Act, is further + amended by adding at the end the following new clauses: + ``(viii) A strategic framework prescribed by the Secretary that + guides how the Department will prioritize and integrate activities + relating to sustainment of major defense acquisition programs, core + logistics capabilities (as described under section 2464 of this + title), commercial logistics capabilities, and the national + technology and industrial base (as defined in section 2500 of this + title). + ``(ix) A strategic framework prescribed by the Secretary that + guides how the Department will specifically address contested + logistics, including major investments for related infrastructure, + logistics-related authorities, force posture, related emergent + technology and advanced computing capabilities, operational + resilience, and operational energy, over the following five-year + period to support such strategy.''. + (2) Duties of the under secretary of defense for acquisition + and sustainment.--Section 133b(b) of title 10, United States Code, + is amended-- + (A) in paragraph (7), by striking ``and'' at the end; + (B) in paragraph (8), by striking the period at the end and + inserting ``; and''; and + (C) by adding at the end the following new paragraph: + ``(9) advising the Secretary on all aspects of acquisition and + sustainment relating to-- + ``(A) defense acquisition programs; + ``(B) core logistics capabilities (as described under + section 2464 of this title); and + ``(C) the national technology and industrial base (as + defined in section 2500 of this title).''. + (3) Interim guidance.--Not later than October 1, 2021, the + Secretary of Defense shall publish interim guidance to carry out + the requirements of this subsection. (b) Report.--Not later than February 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the progress towards publishing the interim guidance required under subsection (a)(3). - -SEC. 812. MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT OF - ACQUISITION PROGRAMS AND RELATED INITIATIVES. - + SEC. 812. INCLUSION OF SOFTWARE IN GOVERNMENT PERFORMANCE OF + ACQUISITION FUNCTIONS. + Section 1706 of title 10, United States Code, is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by striking + ``and each major automated information system program'' and + inserting ``(as defined in section 2430 of this title), each + acquisition program that is estimated by the Secretary of + Defense to require an eventual total expenditure greater than + the amount described in section 2430(a)(1)(B) of this title, + and any other acquisition program identified by the + Secretary''; and + (B) by adding at the end the following new paragraph: + ``(14) Program lead software.''; and + (2) by striking subsection (c). + SEC. 813. MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT OF + ACQUISITION PROGRAMS AND RELATED INITIATIVES. Section 2229b(b)(2) of title 10, United States Code, is amended by striking ``a summary of'' and all that follows through ``discussion of the'' and inserting ``a discussion of selected organizational, policy, and legislative changes, as determined appropriate by the Comptroller General, and the potential''. - -SEC. 813. CONTRACTOR WHISTLEBLOWER PROTECTIONS RELATING TO - NONDISCLOSURE AGREEMENTS. - - (a) Department of Defense Contractors.-- - (1) In general.--Section 2409(a) of title 10, United States - Code, is amended by adding at the end the following new - paragraph: - ``(4) This section applies to any disclosure made by an employee of -a contractor, subcontractor, grantee, or subgrantee or personal -services contractor whether or not such employee has signed, or is -subject to, a nondisclosure policy, form, or agreement with such -contractor, subcontractor, grantee, or subgrantee or personal services -contractor.''. - (2) Notification of employees.--Section 2409(d) of title - 10, United States Code, is amended-- - (A) by striking ``inform'' and inserting ``submit - to the Secretary or Administrator (as applicable) a - certification stating that such contractor or - subcontrator has informed''; and - (B) by inserting ``(including the applicability of - such rights and remedies if such an employee has - signed, or is subject to, a nondisclosure policy, form, - or agreement)'' after ``under this section''. - (3) Application.--With respect to a nondisclosure policy, - form, or agreement between a covered contractor and a covered - employee that was in effect before the effective date of this - Act, paragraph (4) of section 2409(a) of title 10, United - States Code, as added by paragraph (1), shall apply if a - covered contractor has provided notice to a covered employee of - the rights and remedies of the covered employee relating to a - nondisclosure policy, form, or agreement under section 2409(d) - of such title, as amended by paragraph (2). - (4) Website update.--The Inspector General of the - Department of Defense and the Inspector General of the National - Aeronautics and Space Administration shall update any relevant - websites to include information about this subsection and the - amendments made by this subsection. - (5) Definitions.--In this subsection: - (A) Covered contractor.--The term ``covered - contractor'' means a contractor, grantee, or personal - services contractor of the Department of Defense or the - National Aeronautics and Space Administration. - (B) Covered employee.--The term ``covered - employee'' means an employee of a covered contractor or - a subcontractor or subgrantee of a covered contractor. - (b) Other Government Contractors.-- - (1) In general.--Section 4712(a) of title 41, United States - Code, is amended by adding at the end the following new - paragraph: - ``(4) Effect of a nondisclosure policy, form, or - agreement.--This section applies to any disclosure made by an - employee of a contractor, subcontractor, grantee, or subgrantee - or personal services contractor whether or not such employee - has signed, or is subject to, a nondisclosure policy, form, or - agreement with such contractor, subcontractor, grantee, or - subgrantee or personal services contractor.''. - (2) Notification of employees.--Section 4712(d) of title - 41, United States Code, is amended-- - (A) by striking ``inform'' and inserting ``submit - to the applicable head of each executive agency a - certification stating that such contractor or - subcontractor has informed''; and - (B) by inserting ``(including the applicability of - such rights and remedies if such an employee has - signed, or is subject to, a nondisclosure policy, form, - or agreement)'' after ``under this section''. - (3) Application.--With respect to a nondisclosure policy, - form, or agreement between a covered contractor and a covered - employee that was in effect before the effective date of this - Act, paragraph (4) of section 4712(a) of title 41, United - States Code, as added by paragraph (1), shall apply if a - covered contractor has provided notice to a covered employee of - the rights and remedies of the covered employee relating to a - nondisclosure policy, form, or agreement under section 4712(d) - of such title, as amended by paragraph (2). - (4) Website update.--Each Inspector General (as defined in - section 4712(g) of title 41, United States Code) shall update - any relevant websites to include information about this - subsection and the amendments made by this subsection. - (5) Definitions.--In this subsection: - (A) Covered contractor.--The term ``covered - contractor'' means a contractor, grantee, or personal - services contractor for a Federal contract or grant (as - defined for purposes of division C of title 41). - (B) Covered employee.--The term ``covered - employee'' means an employee of a covered contractor or - a subcontractor (at any tier) or subgrantee (at any - tier) of a covered contractor. - (c) Notification and Remedies.-- - (1) Notification.--A covered contractor shall inform the - contracting officer responsible for any contracts of such - covered contractor-- - (A) if a person engaged in the performance of any - such contract has been subjected to a reprisal - prohibited by section 2409(a) of title 10, United - States Code, or section 4712(a) of title 41, United - States Code, where such reprisal has been - substantiated; - (B) any investigation of a complaint relating to - any such contract conducted by an Inspector General - pursuant to section 2409(b) of title 10, United States - Code, or section 4712(b) of title 41, United States - Code; and - (C) any action taken by a covered contractor or a - covered employee for any such contract to address a - substantiated reprisal described in subparagraph (A). - (2) Remedies.--In addition to other remedies available, if - a covered contractor fails to comply with the requirements of - paragraph (1), the relevant head of a Federal agency may-- - (A) require the covered contractor to prohibit a - covered employee from performing a contract if such - covered employee has violated section 2409(a) of title - 10, United States Code, or section 4712(a) of title 41, - United States Code; - (B) require the covered contractor to terminate a - subcontract if the subcontractor for such subcontract - has violated such sections; - (C) suspend payments to a covered contractor until - such covered contractor has taken appropriate remedial - action. - (3) Definitions.--In this subsection: - (A) Covered contractor.--The term ``covered - contractor'' means-- - (i) with respect to a contract of the - Department of Defense or the National - Aeronautics and Space Administration, a - contractor, grantee, or personal services - contractor; and - (ii) with respect to a Federal contract or - grant (as defined for purposes of division C of - title 41), a contractor, grantee, or personal - services contractor for such a Federal contract - or grant. - (B) Covered employee.--The term ``covered - employee'' means an employee of a covered contractor or - a subcontractor (at any tier) or subgrantee (at any - tier) of a covered contractor. - (d) Training.--The Administrator of the Office of Federal -Procurement Policy shall update any required training for Federal -employees responsible for contract oversight relating to-- - (1) contracting certification requirements; - (2) processes for receiving a complaint from a person - alleging discrimination as a reprisal for disclosing - information under section 2409(a) of title 10, United States - Code, or section 4712(a) of title 41, United States Code; and - (3) prohibitions on contracting with entities that require - confidentiality agreements. - (e) Clarification of Whistleblower Protection for Subcontractors -and Subgrantees.-- - (1) Department of defense contractors.--Section 2409 of - title 10, United States Code, is amended-- - (A) in subsection (a)(2)(G), by striking ``or - subcontractor'' and inserting ``subcontractor, grantee, - or subgrantee''; - (B) in subsection (b)(1), by striking ``to the - person'' and all that follows through the period at the - end and inserting ``to-- - ``(A) the person; - ``(B) the contractor, subcontractor, grantee, or subgrantee - concerned; and - ``(C) the head of the agency.''; - (C) in subsection (c)-- - (i) in paragraph (1)-- - (I) in the matter preceding - subparagraph (A), by striking - ``contractor'' and inserting - ``contractor, subcontractor, grantee, - or subgrantee''; and - (II) in subparagraphs (A), (B), and - (C), by striking ``contractor'' and - inserting ``contractor, subcontractor, - grantee, or subgrantee concerned''; and - (ii) in paragraph (2), by striking - ``contractor'' and inserting ``contractor, - subcontractor, grantee, or subgrantee (as - applicable)''; - (D) in subsection (d), by striking ``and - subcontractors'' and inserting ``subcontractors, - grantees, and subgrantees''; and - (E) in subsection (g), by adding at the end the - following new paragraphs: - ``(8) The term `subgrantee' includes a subgrantee at any - tier. - ``(9) The term `subcontractor' includes a subcontractor at - any tier.''. - (2) Other government contractors.--Section 4712 of title - 41, United States Code, is amended-- - (A) in subsection (a)(2)(G), by striking ``or - grantee'' and inserting ``grantee, or subgrantee''; - (B) in subsection (b)(1), by striking ``to the - person'' and all that follows through the period at the - end and inserting ``to-- - ``(A) the person; - ``(B) the contractor, subcontractor, grantee, or - subgrantee concerned; and - ``(C) the head of the agency.''; - (C) in subsection (c)-- - (i) in paragraph (1)-- - (I) in the matter preceding - subparagraph (A), by striking - ``contractor or grantee'' and inserting - ``contractor, subcontractor, grantee, - or subgrantee''; and - (II) in subparagraphs (A), (B), and - (C), by striking ``contractor or - grantee'' and inserting ``contractor, - subcontractor, grantee, or subgrantee - concerned''; and - (ii) in paragraph (2), by striking - ``contractor or grantee'' and inserting - ``contractor, subcontractor, grantee, or - subgrantee (as applicable)''; - (D) in subsection (d), by striking ``and grantees'' - and inserting ``grantees, and subgrantees''; and - (E) in subsection (g), by adding at the end the - following new paragraphs: - ``(3) The term `subgrantee' includes a subgrantee at any - tier. - ``(4) The term `subcontractor' includes a subcontractor at - any tier.''. - -SEC. 814. COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL PRISON - INDUSTRIES. - - (a) Competition Requirements for Purchases From Federal Prison -Industries.--Subsections (a) and (b) of section 2410n of title 10, -United States Code, are amended to read as follows: - ``(a) Market Research.--Before purchasing a product listed in the -latest edition of the Federal Prison Industries catalog published under -section 4124(d) of title 18, the Secretary of Defense shall conduct -market research to determine whether such product-- - ``(1) is comparable to products available from the private - sector; and - ``(2) best meets the needs of the Department of Defense in - terms of price, quality, and time of delivery. - ``(b) Competition Requirement.--If the Secretary determines that a -Federal Prison Industries product is not comparable to products -available from the private sector and does not best meet the needs of -the Department of Defense in terms of price, quality, or time of -delivery, the Secretary shall use competitive procedures or make an -individual purchase under a multiple award contract for the procurement -of the product. In conducting such a competition or making such a -purchase, the Secretary shall consider a timely offer from Federal -Prison Industries.''. - (b) Effective Date.--The amendment made by subsection (a) shall -take effect 60 days after the date of the enactment of this Act. - -SEC. 815. DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR FEDERAL - AGENCY CONTRACT AND GRANT OFFICERS. - - Section 2313(d)(3) of title 41, United States Code, is amended by -inserting ``, and an identification of any beneficial owner of such -corporation,'' after ``to the corporation''. - -SEC. 816. INCLUSION OF OPTICAL TRANSMISSION COMPONENTS IN THE - ANALYTICAL FRAMEWORK FOR SUPPLY CHAIN RISKS. - - Section 2509(b)(2)(A)(ii) of title 10, United States Code, is -amended by striking ``(other than optical transmission components)''. - -SEC. 817. AMENDMENT TO DEFINITION OF QUALIFIED APPRENTICE. - - Section 2870(d) of title 10, United States Code, is amended-- - (1) in paragraph (1), by inserting ``or'' at the end; - (2) in paragraph (2), by striking ``; or'' at the end and - inserting a period; and - (3) by striking paragraph (3). - -SEC. 818. CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS. - - Section 836 of the National Defense Authorization Act for Fiscal -Year 2017 (10 U.S.C. 2302 note) is amended-- - (1) by amending subsection (b)(1) to read as follows: - ``(1) was entered into-- - ``(A) with respect to a contract or group of - contracts for services, on a date that is the later - of-- - ``(i) at least 7 fiscal years before the - current fiscal year; and - ``(ii) the number of years applicable to - the contract or group of contracts in subpart - 4.7 of the Federal Acquisition Regulation (as - in effect on April 1, 2020); - ``(B) with respect to a contract or group of - contracts not described in subparagraph (A), on a date - that is at least 17 fiscal years before the current - fiscal year;''; - (2) by redesignating subsections (f) and (g) as subsections - (g) and (h), respectively; and - (3) by inserting after subsection (e) the following new - subsection: - ``(f) Oversight.--The Secretary of Defense, acting through the -Director of the Defense Contract Management Agency, shall establish and -maintain a centralized capability with necessary expertise and -resources to provide oversight of the closeout of a contract or group -of contracts covered by this section.''. - -SEC. 819. PLAN TO IMPROVE DEPARTMENT-WIDE MANAGEMENT OF INVESTMENTS IN - WEAPON SYSTEMS. - - (a) Portfolio Management Plan.--The Secretary of Defense shall -direct the Under Secretary of Defense for Acquisition and Sustainment, -in coordination with the Chairman of the Joint Chiefs of Staff, and the -Director of Cost Assessment and Program Evaluation, to develop a plan -to identify, develop, and acquire databases, analytical and financial -tools, and workforce skills to improve the Department of Defense-wide -assessment, management, and optimization of the investments in weapon -systems of the Department, including through consolidation of duplicate -or similar weapon system programs. - (b) Plan Contents.--The plan developed under subsection (a) shall-- - (1) describe the databases and analytical and financial - tools in use by the Department of Defense that may be used to - support the Department-wide assessment, management, and - optimization of the investments in weapon systems of the - Department; - (2) determine the database and analytical and financial - tool requirements that must be met, and the workforce skills - necessary, for more effective Department-wide reviews, - analyses, and management by the Secretary of the investments in - weapon systems of the Department; - (3) identify the skills described in paragraph (2) that are - possessed by the workforce of the Department; - (4) identify the databases and analytical and financial - tools to be modified, developed, or acquired to improve the - Department-wide reviews, analyses, and management of the - investments in weapon systems of the Department; and - (5) set forth a timeline for implementing the plan, - including a timeline for the modification, development, and - acquisition of each database and analytical and financial tool - identified under paragraph (4). - (c) Submission to Congress.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to Congress the plan developed under subsection (a). - (2) Form.--The plan submitted under paragraph (1) shall be - in an unclassified form but may contain a classified annex. - -SEC. 820. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM DETERMINATIONS. - - Section 2380 of title 10, United States Code, is amended by-- - (1) redesignating subsection (b) as subsection (c); and - (2) inserting after subsection (a) the following new - subsection: + SEC. 814. COST OR PRICING DATA REPORTING REQUIREMENTS FOR + DEPARTMENT OF DEFENSE CONTRACTS. + (a) Cost or Pricing Data.-- + (1) In general.--Section 2306a(a)(1) of title 10, United States + Code, is amended-- + (A) in subparagraph (B), by striking ``contract if'' and + all that follows through the period at the end and inserting + ``contract if the price adjustment is expected to exceed + $2,000,000.''; + (B) in subparagraph (C), by striking ``section and'' and + all that follows through the period at the end and inserting + ``section and the price of the subcontract is expected to + exceed $2,000,000.''; and + (C) in subparagraph (D), by striking ``subcontract if'' and + all that follows through the period at the end and inserting + ``subcontract if the price adjustment is expected to exceed + $2,000,000.''. + (2) Applicability.--The amendments made by this subsection + shall apply to any contract, or modification or change to a + contract, entered into on or after the date of the enactment of + this Act. + (b) Report.-- + (1) In general.--Not later than July 1, 2022, the Secretary of + Defense, in consultation with the Secretaries of the military + departments, shall provide to the congressional defense committees + a report analyzing the impact, including any benefits to the + Federal Government, of the amendments made by this section. + (2) Elements.--The report required under paragraph (1) shall + include the following elements: + (A) Data to illustrate any efficiencies achieved, costs + avoided, and acquisition timelines improved. + (B) Analysis of associated costs to the Federal Government, + if any. + (C) Analysis of underlying causes or factors that limited + the benefits described in subparagraph (A). + (D) Other matters the Secretary deems appropriate. + (3) Form.--The report required under paragraph (1) shall be in + an unclassified form but may contain a classified annex. + SEC. 815. PROMPT PAYMENT OF CONTRACTORS. + Section 2307(a)(2) of title 10, United States Code, is amended-- + (1) in subparagraph (A), by striking ``if a specific payment + date is not established by contract''; and + (2) in subparagraph (B), by striking ``if--'' and all that + follows through ``the prime contractor agrees'' and inserting ``if + the prime contractor agrees or proposes''. + SEC. 816. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM + DETERMINATIONS. + Section 2380 of title 10, United States Code, is amended-- + (1) by redesignating subsection (b) as subsection (c); and + (2) by inserting after subsection (a) the following new + subsection: ``(b) Determinations Regarding the Commercial Nature of Products or Services.-- - ``(1) In general.--A contracting officer of the Department - of Defense shall make a binding determination whether a - particular product or service offered by a contractor meets the - definition of a commercial product or commercial service. The - contracting officer may seek the advice of the cadre of experts - established pursuant to section 831(b)(2) of the National - Defense Authorization Act for Fiscal Year 2013 (Public Law 112- - 239; 126 Stat. 1842; 10 U.S.C. 2306a note), or request the - cadre of experts to make a determination that a product or - service is a commercial product or commercial service. - ``(2) Memorandum.--Within 30 days after making a - determination that a product or service is a commercial product - or commercial service, the contracting officer shall submit a - written memorandum summarizing the determination, consistent - with the template in Appendix B of the Department of Defense - Guidebook for Acquiring Commercial Items (issued January 2018 - and revised July 2019), to-- - ``(A) the Director of the Defense Contract - Management Agency for inclusion in any database - established to fulfill the requirements of subsection - (a)(2); and - ``(B) the contractor asserting the commercial - nature of the product or service.''. - -SEC. 820A. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING OF - INTELLECTUAL PROPERTY. - - Section 2322 of title 10, United States Code, is amended by adding -at the end the following new subsection: - ``(c) Guidelines and Resources.-- - ``(1) In general.--The Secretary of Defense, acting through - the Under Secretary of Defense for Acquisition and Sustainment, - shall develop guidelines and resources on the acquisition or - licensing of intellectual property, including-- - ``(A) model forms for specially negotiated licenses - described under section 2320(f) (as appropriate); and - ``(B) an identification of definitions, key terms, - examples, and case studies that resolve ambiguities in - the differences between-- - ``(i) detailed manufacturing and process - data; - ``(ii) form, fit, and function data; and - ``(iii) data required for operations, - maintenance, installation, and training. - ``(2) Consultation.--In developing the guidelines and - resources described in paragraph (1), the Secretary shall - regularly consult with appropriate stakeholders, including - large and small businesses, traditional and non-traditional - contractors (including subcontractors), and maintenance repair - organizations.''. - -SEC. 820B. REQUIREMENTS CONCERNING FORMER DEPARTMENT OF DEFENSE - OFFICIALS AND LOBBYING ACTIVITIES. + ``(1) In general.--In making a determination whether a + particular product or service offered by a contractor meets the + definition of a commercial product or commercial service, a + contracting officer of the Department of Defense may-- + ``(A) request support from the Director of the Defense + Contract Management Agency, the Director of the Defense + Contract Audit Agency, or other appropriate experts in the + Department to make a determination whether a product or service + is a commercial product or commercial service; and + ``(B) consider the views of appropriate public and private + sector entities. + ``(2) Memorandum.--Within 30 days after a contract award, the + contracting officer shall, consistent with the policies and + regulations of the Department, submit a written memorandum + summarizing the determination referred to in paragraph (1), + including a detailed justification for such determination.''. + SEC. 817. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO + SOURCING REQUIREMENTS FOR CERTAIN ARTICLES. + Subsection (h) of section 2533a of title 10, United States Code, is +amended to read as follows: + ``(h) Exception for Small Purchases.--(1) Subsection (a) does not +apply to purchases for amounts not greater than $150,000. A proposed +procurement of an item in an amount greater than $150,000 may not be +divided into several purchases or contracts for lesser amounts in order +to qualify for this exception. + ``(2) On October 1 of each year that is evenly divisible by five, +the Secretary of Defense may adjust the dollar threshold in this +subsection based on changes in the Consumer Price Index. Any such +adjustment shall take effect on the date on which the Secretary +publishes notice of such adjustment in the Federal Register.''. + SEC. 818. REPEAL OF PROGRAM FOR QUALIFIED APPRENTICES FOR MILITARY + CONSTRUCTION CONTRACTS. + (a) In General.--Section 2870 of title 10, United States Code, is +repealed. + (b) Conforming Amendments.-- + (1) Clerical amendment.--The table of sections at the beginning + of subchapter III of chapter 169 of title 10, United States Code, + is amended by striking the item relating to section 2870. + (2) Repeal.--Section 865 of the National Defense Authorization + Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1523) is + repealed. + SEC. 819. MODIFICATIONS TO MITIGATING RISKS RELATED TO FOREIGN + OWNERSHIP, CONTROL, OR INFLUENCE OF DEPARTMENT OF DEFENSE + CONTRACTORS AND SUBCONTRACTORS. + (a) Assessment of FOCI.--Subparagraph (A) of section 847(b)(2) of +the National Defense Authorization Act for Fiscal Year 2020 (Public Law +116-92; 133 Stat. 1505; 10 U.S.C. 2509 note) is amended by adding at +the end the following new clause: + ``(v) A requirement for the Secretary to require reports + and conduct examinations on a periodic basis of covered + contractors or subcontractors in order to assess compliance + with the requirements of this section.''. + (b) Contract Requirements, Administration, and Oversight Relating +to Foci.--Subparagraph (C) of such section is amended-- + (1) by redesignating clause (iv) as clause (v); and + (2) by inserting after clause (iii) the following new clause: + ``(iv) Procedures for appropriately responding to + changes in covered contractor or subcontractor beneficial + ownership status based on changes in disclosures of their + beneficial ownership and whether they are under FOCI and + the reports and examinations required by subparagraph + (A)(v).''. + (c) Timelines and Milestones for Implementation.-- + (1) Implementation plan.--Not later than March 1, 2021, the + Secretary of Defense shall provide to the congressional defense + committees a plan and schedule for implementation of the + requirements of section 847 of the National Defense Authorization + Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1505; 10 + U.S.C. 2509 note), as amended by this section, including-- + (A) a timeline for issuance of regulations, development of + training for appropriate officials, and development of systems + for reporting of beneficial ownership and FOCI by covered + contractors or subcontractors; + (B) the designation of officials and organizations + responsible for such implementation; and + (C) interim milestones to be met in implementing the plan + and schedule. + (2) Revision of regulations, directives, guidance, training, + and policies.--Not later than July 1, 2021, the Secretary of + Defense shall revise relevant directives, guidance, training, and + policies, including revising the Department of Defense Supplement + to the Federal Acquisition Regulation, to fully implement the + requirements of such section 847. + (3) Definitions.--In this subsection, the term ``beneficial + ownership'', ``FOCI'', and ``covered contractors or + subcontractors'' have the meanings given, respectively, in section + 847 of the National Defense Authorization Act for Fiscal Year 2020 + (Public Law 116-92; 133 Stat. 1505; 10 U.S.C. 2509 note). + (d) Technical Amendments.--Section 847 of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1505; 10 U.S.C. 2509 note), as amended by this section, is further +amended-- + (1) in subsection (b)-- + (A) in paragraph (1), by striking ``contractors and + subcontractors'' and inserting ``covered contractors or + subcontractors''; and + (B) in paragraph (2)-- + (i) by striking ``covered contractors and + subcontractors'' each place it appears and inserting + ``covered contractors or subcontractors''; + (ii) in subparagraph (B)(iii), by striking ``a + contractor or subcontractor'' and inserting ``such a + covered contractor or subcontractor''; and + (iii) in subparagraph (C)(ii), by striking ``section + 831(c)'' and inserting ``section 2509(c) of title 10, + United States Code''; and + (2) in subsection (c), by striking ``subsection (b)(2)(A) and + (b)(2)(C)'' and inserting ``subsections (b)(2)(A) and (b)(2)(C)''. + SEC. 820. CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS. + Section 836(b) of the National Defense Authorization Act for Fiscal +Year 2017 (10 U.S.C. 2302 note) is amended-- + (1) by amending paragraph (1) to read as follows: + ``(1) was entered into-- + ``(A) with respect to a contract or group of contracts not + described in subparagraph (B), at least 7 fiscal years before + the current fiscal year; and + ``(B) with respect to a contract or group of contracts for + military construction (as defined in section 2801 of title 10, + United States Code) or shipbuilding, at least 10 fiscal years + before the current fiscal year;''; and + (2) by amending paragraph (2) to read as follows: + ``(2) the performance or delivery has been completed at least 4 + years before the current fiscal year; and''. + SEC. 821. REVISION OF PROOF REQUIRED WHEN USING AN EVALUATION + FACTOR FOR EMPLOYING OR SUBCONTRACTING WITH MEMBERS OF THE + SELECTED RESERVE. + Section 819 of the National Defense Authorization Act for Fiscal +Year 2006 (Public Law 109-163; 119 Stat. 3385; 10 U.S.C. 2305 note) is +amended-- + (1) by striking subsection (b); and + (2) by redesignating subsection (c) as subsection (b). - (a) Requirements.-- - (1) In general.--Chapter 141 of title 10, United States - Code, is amended by adding at the end the following new - section: -``Sec. 2410t. Defense contractors report: requirements concerning - former Department of Defense officials and lobbying - activities - ``(a) In General.--Each contract for the procurement of goods or -services in excess of $10,000,000, other than a contract for the -procurement of commercial products or commercial services, that is -entered into by the Secretary of Defense shall include a provision -under which the contractor agrees to submit to the Secretary of -Defense, not later than April 1 of each year such contract is in -effect, a written report setting forth the information required by -subsection (b). - ``(b) Report Contents.--Except as provided in subsection (c), a -report by a contractor under subsection (a) shall-- - ``(1) list the name of each person who-- - ``(A) is a former officer or employee of the - Department of Defense or a former or retired member of - the armed forces who served-- - ``(i) in an Executive Schedule position - under subchapter II of chapter 53 of title 5; - ``(ii) in a position in the Senior - Executive Service under subchapter VIII of - chapter 53 of title 5; - ``(iii) in a position compensated at a rate - of pay for grade O-6 or above under section 201 - of title 37; or - ``(iv) as a program manager, deputy program - manager, procuring contracting officer, - administrative contracting officer, source - selection authority, member of the source - selection evaluation board, or chief of a - financial or technical evaluation team for such - a contract; and - ``(B) during the preceding calendar year was - provided compensation by the contractor, if such - compensation was first provided by the contractor not - more than four years after such former officer or - employee of the Department of Defense, or such former - or retired member of the armed forces, left service in - the Department of Defense; - ``(2) in the case of each person listed under paragraph - (1)(A)-- - ``(A) identify the department or entity in which - such person was employed or served on active duty - during the last two years of such person's service with - the Department of Defense; - ``(B) state such person's job title and identify - any project on which such person performed any work or - for which such person provided any goods pursuant to a - contract with the Department of Defense during the last - two years of such person's service with the Department; - and - ``(C) state such person's current job title with - the contractor and identify each project on which such - person has performed any work or for which such person - provided any goods on behalf of the contractor; and - ``(3) if the contractor is a client, include-- - ``(A) a statement that-- - ``(i) lists each specific issue for which - the contractor, any employee of the contractor, - or any lobbyist paid by the contractor engaged - in lobbying activities directed at the - Department of Defense; and - ``(ii) specifies the Federal rule or - regulation, Executive order, or other program, - policy, contract, or position of the Department - of Defense to which the lobbying activities - described in clause (i) related; - ``(iii) lists each lobbying activity - directed at the Department of Defense that the - contractor, any employee of the contractor, or - any lobbyist paid by the contractor has engaged - in on behalf of the contractor, including-- - ``(I) each document prepared by the - contractor, any employee of the - contractor, or any lobbyist paid by the - contractor that was submitted to an - officer or employee of the Department - of Defense by the lobbyist; - ``(II) each meeting that was a - lobbying contact with an officer or - employee of the Department of Defense, - including the subject of the meeting, - the date of the meeting, and the name - and position of each individual who - attended the meeting; - ``(III) each phone call made to an - officer or employee of the Department - of Defense that was a lobbying contact, - including the subject of the phone - call, the date of the phone call, and - the name and position of each - individual who was on the phone call; - and - ``(IV) each electronic - communication sent to an officer or - employee of the Department of Defense - that was a lobbying contact, including - the subject of the electronic - communication, the date of the - electronic communication, and the name - and position of each individual who - received the electronic communication; - ``(iv) lists the name of each employee of - the contractor who-- - ``(I) did not participate in a - lobbying contact with an officer or - employee of the Department of Defense; - and - ``(II) engaged in lobbying - activities in support of a lobbying - contact with an officer or employee of - the Department of Defense; and - ``(v) describes the lobbying activities - referred to in clause (iv)(II); and - ``(B) a copy of any document transmitted to an - officer or employee of the Department of Defense in the - course of the lobbying activities described in - subparagraph (A)(iv)(II). - ``(c) Duplicate Information Not Required.--An annual report -submitted by a contractor pursuant to subsection (b) need not provide -information with respect to any former officer or employee of the -Department of Defense or former or retired member of the armed forces -if such information has already been provided in a previous annual -report filed by such contractor under this section. - ``(d) Public Access to Reports.--The Secretary of Defense shall -make any report described under subsection (a) publicly available on a -website of the Department of Defense not later than 45 days after the -receipt of such report. - ``(e) Definitions.--In subsection (b)(3), the terms `client', -`lobbying activities', `lobbying contact', and `lobbyist' have the -meanings given the terms in section 3 of the Lobbying Disclosure Act of -1995 (2 U.S.C. 1603).''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 141 of such title is amended by adding at - the end the following new item: - -``Sec. 2410t. Defense contractors: requirements concerning former - Department of Defense officials.''. - (b) Effective Date.--The amendments made by subsection (a) shall -take effect on the date of the enactment of this Act, and shall apply -with respect to contracts entered into on or after that date. - -SEC. 820C. COMMERCIAL PRODUCT DETERMINATION APPLIES TO COMPONENTS AND - SUPPORT SERVICES. - - Section 2306a(b)(4) of title 10, United States Code, is amended-- - (1) in subparagraph (A), by striking ``subsequent - procurements of such product or service'' and inserting: - ``subsequent procurements of-- - ``(i) the commercial product; - ``(ii) a component of the commercial - product; - ``(iii) a service for maintenance or repair - of the commercial product; or - ``(iv) the commercial service.''; and - (2) in subparagraph (B)-- - (A) by striking ``request a review'' and inserting - the following: ``provide a detailed explanation for not - making the presumption described in subsection (A) - along with a request for a review''; and - (B) by adding at the end the following: ``When - conducting such review, the head of the contracting - activity may consider evidence of the commercial nature - of the product or service under review that is provided - by an offeror.'' - - Subtitle C--Industrial Base Matters - -SEC. 821. QUARTERLY NATIONAL TECHNOLOGY AND INDUSTRIAL BASE BRIEFINGS. + Subtitle C--Provisions Relating to Software and Technology + SEC. 831. CONTRACT AUTHORITY FOR DEVELOPMENT AND DEMONSTRATION OF + INITIAL OR ADDITIONAL PROTOTYPE UNITS. + (a) In General.--Section 2302e of title 10, United States Code, is +amended-- + (1) in the heading, by striking ``advanced development'' and + inserting ``development and demonstration''; + (2) in subsection (a)(1), by striking ``provision of advanced + component development, prototype,'' and inserting ``development and + demonstration''; and + (3) by adding at the end the following new subsection: + ``(c) Procedures.--The Secretary of Defense shall establish +procedures to collect and analyze information on the use and benefits +of the authority under this section and related impacts on performance, +affordability, and capability delivery.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 137 of title 10, United States Code, is amended by striking the +item relating to section 2302e and inserting the following new item: + +``2302e. Contract authority for development and demonstration of initial + or additional prototype units.''. + SEC. 832. EXTENSION OF PILOT PROGRAM FOR STREAMLINED AWARDS FOR + INNOVATIVE TECHNOLOGY PROGRAMS. + Section 873(f) of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92; 10 U.S.C. 2306a note) is amended by +striking ``October 1, 2020'' and inserting ``October 1, 2022''. + SEC. 833. LISTING OF OTHER TRANSACTION AUTHORITY CONSORTIA. + Not later than 90 days after the date of the enactment of this Act, +the Secretary of Defense shall maintain on the single Government-wide +point of entry described under section 1708 of title 41, United States +Code, a list of the consortia used by the Secretary to announce or +otherwise make available opportunities to enter into a transaction +under the authority of section 2371 of title 10, United States Code, or +a transaction for a prototype project under section 2371b of such +title. + SEC. 834. PILOT PROGRAM ON THE USE OF CONSUMPTION-BASED SOLUTIONS + TO ADDRESS SOFTWARE-INTENSIVE WARFIGHTING CAPABILITY. + (a) In General.--Subject to the availability of appropriations, the +Secretary of Defense is authorized to establish a pilot program to +explore the use of consumption-based solutions to address software- +intensive warfighting capability. + (b) Selection of Initiatives.--Each Secretary of a military +department and each commander of a combatant command with acquisition +authority shall propose for selection by the Secretary of Defense for +the pilot program at least one and not more than three initiatives that +are well-suited to explore consumption-based solutions, to include +addressing software-intensive warfighting capability. The initiatives +may be new or existing programs of record, and may include applications +that-- + (1) rapidly analyze sensor data; + (2) secure warfighter networks, including multilevel security; + (3) swiftly transport information across various networks and + network modalities; + (4) enable joint all-domain operational concepts, including in + a contested environment; or + (5) advance military capabilities and effectiveness. + (c) Requirements.--A contract or other agreement for consumption- +based solutions entered into under the pilot program shall require-- + (1) the effectiveness of the solution to be measurable at + regular intervals customary for the type of solution provided under + contract or other agreement; and + (2) that the awardee notify the Secretary of Defense when + consumption under the contract or other agreement reaches 75 + percent and 90 percent of the funded amount, respectively, of the + contract or other agreement. + (d) Exemption.--A modification to a contract or other agreement +entered into under this section to add new features or capabilities in +an amount less than or equal to 25 percent of the total value of such +contract or other agreement shall be exempt from the requirements of +full and open competition (as defined in section 2302 of title 10, +United States Code). + (e) Duration.--The duration of a contract or other agreement +entered into under this section may not exceed three years. + (f) Monitoring and Evaluation of Pilot Program.--The Director of +Cost Assessment and Program Evaluation shall continuously monitor and +evaluate the pilot program, including by collecting data on cost, +schedule, and performance from the program office, the user community, +and the awardees involved in the program. + (g) Reports.-- + (1) Initial report.--Not later than May 15, 2021, the Secretary + of Defense shall submit to the congressional defense committees a + report on initiatives selected for the pilot program, roles, and + responsibilities for implementing the program, and the monitoring + and evaluation approach that will be used for the program. + (2) Progress report.--Not later than October 15, 2021, the + Secretary of Defense shall submit to the congressional defense + committees a report on the progress of the initiatives selected for + the pilot program. + (3) Final report.--Not later than 3 years after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + congressional defense committees a report on the cost, schedule, + and performance outcomes of the initiatives carried out under the + pilot program. The report shall also include lessons learned about + the use of consumption-based solutions for software-intensive + capabilities and any recommendations for statutory or regulatory + changes to facilitate the use of such solutions. + (h) Consumption-based Solution Defined.--In this section, the term +``consumption-based solution'' means any combination of software, +hardware or equipment, and labor or services that provides a seamless +capability that is metered and billed based on actual usage and +predetermined pricing per resource unit, and includes the ability to +rapidly scale capacity up or down. + SEC. 835. BALANCING SECURITY AND INNOVATION IN SOFTWARE DEVELOPMENT + AND ACQUISITION. + (a) Requirements for Solicitations of Commercial and Developmental +Solutions.--The Under Secretary of Defense for Acquisition and +Sustainment, in coordination with the Chief Information Officer of the +Department of Defense, shall develop requirements for appropriate +software security criteria to be included in solicitations for +commercial and developmental solutions and the evaluation of bids +submitted in response to such solicitations, including a delineation of +what processes were or will be used for a secure software development +life cycle. Such requirements shall include-- + (1) establishment and enforcement of secure coding practices; + (2) management of supply chain risks and third-party software + sources and component risks; + (3) security of the software development environment; + (4) secure deployment, configuration, and installation + processes; and + (5) an associated vulnerability management plan and + identification of tools that will be applied to achieve an + appropriate level of security. + (b) Security Review of Code.--The Under Secretary of Defense for +Acquisition and Sustainment, in coordination with the Chief Information +Officer of the Department of Defense, shall develop-- + (1) procedures for the security review of code; and + (2) other procedures necessary to fully implement the pilot + program required under section 875 of the National Defense + Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 + U.S.C. 2223 note). + (c) Coordination With Cybersecurity Acquisition Policy Efforts.-- +The Under Secretary of Defense for Acquisition and Sustainment shall +develop the requirements and procedures described under subsections (a) +and (b) in coordination with the efforts of the Department of Defense +to develop new cybersecurity and program protection policies and +guidance that are focused on cybersecurity in the context of +acquisition and program management and on safeguarding information. + SEC. 836. DIGITAL MODERNIZATION OF ANALYTICAL AND DECISION-SUPPORT + PROCESSES FOR MANAGING AND OVERSEEING DEPARTMENT OF DEFENSE + ACQUISITION PROGRAMS. + (a) Digital Data Management and Analytics Capabilities.-- + (1) In general.--The Secretary of Defense shall iteratively + develop and integrate advanced digital data management and + analytics capabilities, consistent with private sector best + practices, that-- + (A) integrate all aspects of the defense acquisition + system, including the development of capability requirements, + research, design, development, testing, evaluation, + acquisition, management, operations, and sustainment of + systems; + (B) facilitate the management and analysis of all relevant + data generated during the development of capability + requirements, research, design, development, testing, + evaluation, acquisition, operations, and sustainment of + systems; + (C) enable the use of such data to inform further + development, acquisition, management and oversight of such + systems, including portfolio management; and + (D) include software capabilities to collect, transport, + organize, manage, make available, and analyze relevant data + throughout the life cycle of defense acquisition programs, + including any data needed to support individual and portfolio + management of acquisition programs. + (2) Requirements.--The capabilities developed under paragraph + (1) shall-- + (A) be accessible to, and useable by, individuals + throughout the Department of Defense who have responsibilities + relating to activities described in clauses (A) through (C) of + paragraph (1); + (B) enable the development, use, curation, and maintenance + of original form and real-time digital systems by-- + (i) ensuring shared access to data within the + Department; + (ii) supplying data to digital engineering models for + use in the defense acquisition, sustainment, and portfolio + management processes; and + (iii) supplying data to testing infrastructure and + software to support automated approaches for testing, + evaluation, and deployment throughout the defense + acquisition, sustainment, and portfolio management + processes; and + (C) feature-- + (i) improved data management and sharing processes; + (ii) timely, high-quality, transparent, and actionable + analyses; and + (iii) analytical models and simulations. + (3) Enabling data infrastructure, tools, and processes.--In + developing the capability required under paragraph (1), the + Secretary of Defense shall-- + (A) move supporting processes and the data associated with + such processes from analog to digital format, including + planning and reporting processes; + (B) make new and legacy data more accessible to, and usable + by, appropriate employees and contractors (at any tier) of the + Department of Defense and members of the Armed Forces, + including through migration of program and other documentation + into digital formats; + (C) modernize the query, collection, storage, retrieval, + reporting, and analysis capabilities for stakeholders within + the Department, including research entities, Program Management + Offices, analytic organizations, oversight staff, and decision + makers; + (D) automate data collection and storage to minimize or + eliminate manual data entry or manual reporting; + (E) enable employees and other appropriate users to access + data from all relevant data sources, including through-- + (i) streamlining data access privileges; + (ii) sharing of appropriate data between and among + Federal Government and contractor information systems; and + (iii) enabling timely and continuous data collection + and sharing from all appropriate personnel, including + contractors; + (F) modernize existing enterprise information systems to + enable interoperability consistent with technical best + practices; and + (G) provide capabilities and platforms to enable continuous + development and integration of software using public and + private sector best practices. + (b) Portfolio Management.--The Secretary of Defense shall establish +capabilities for robust, effective, and data-driven portfolio +management described in subsection (a)(1)(C), using the capability +established in this section, to improve the Department of Defense-wide +assessment, management, and optimization of the investments in weapon +systems of the Department, including through consolidation of duplicate +or similar weapon system programs. + (c) Demonstration Activities.-- + (1) In general.--The Secretary of Defense shall carry out + activities to demonstrate the capability required under subsection + (a). + (2) Activity selection.--Not later than July 15, 2021, the + Secretary of Defense shall select decision support processes and + individual acquisition programs to participate in the demonstration + activities under paragraph (1), including-- + (A) decision support processes, including-- + (i) portfolio management as described in subsection + (b); + (ii) one or more acquisition data management test + cases; and + (iii) one or more development and test modeling and + simulation test cases to demonstrate the ability to collect + data from tests and operations in the field, and feed the + data back into models and simulations for better software + development and testing; + (B) individual acquisition programs representing-- + (i) one or more defense business systems; + (ii) one or more command and control systems; + (iii) one or more middle tier of acquisition programs; + (iv) programs featuring a cost-plus contract type, and + a fixed-price contract type, and a transaction authorized + under section 2371 or 2371b of title 10, United States + Code; and + (v) at least one program in each military department. + (3) Execution of demonstration activities.--As part of the + demonstration activities under paragraph (1), the Secretary shall-- + (A) conduct a comparative analysis that assesses the risks + and benefits of the digital management and analytics capability + used in each of the programs participating in the demonstration + activities relative to the traditional data collection, + reporting, exposing, and analysis approaches of the Department; + (B) ensure that the intellectual property strategy for each + of the programs participating in the demonstration activities + is best aligned to meet the goals of the program; and + (C) develop a workforce and infrastructure plan to support + any new policies and guidance implemented in connection with + the demonstration activities, including any policies and + guidance implemented after the completion of such activities. + (d) Policies and Guidance Required.--Not later than March 15, 2022, +based on the results of the demonstration activities carried out under +subsection (c), the Secretary of Defense shall issue or modify policies +and guidance to-- + (1) promote the use of digital data management and analytics + capabilities; and + (2) address roles, responsibilities, and procedures relating to + such capabilities. + (e) Steering Committee.-- + (1) In general.--The Secretary of Defense shall establish a + steering committee to assist the Secretary in carrying out + subsections (a) through (c). + (2) Membership.--The steering committee shall be composed of + the following members or their designees: + (A) The Deputy Secretary of Defense. + (B) The Chief Information Officer. + (C) The Director of Cost Assessment and Program Evaluation. + (D) The Under Secretary of Defense for Research and + Engineering. + (E) The Under Secretary of Defense for Acquisition and + Sustainment. + (F) The Director of Operational Test and Evaluation. + (G) The Service Acquisition Executives. + (H) The Director for Force Structure, Resources, and + Assessment of the Joint Staff. + (I) The Director of the Defense Digital Service. + (J) Such other officials of the Department of Defense as + the Secretary determines appropriate. + (f) Independent Assessments.-- + (1) Initial assessment.-- + (A) In general.--The Defense Innovation Board, in + consultation with the Defense Digital Service, shall conduct an + independent assessment and cost-benefits analysis to identify + recommended approaches for the implementation of subsections + (a) through (c). + (B) Elements.--The assessment under subparagraph (A) shall + include the following: + (i) A plan for the development and implementation of + the capabilities required under subsection (a), including a + plan for any procurement that may be required as part of + such development and implementation. + (ii) An independent cost assessment of the total + estimated cost of developing and implementing the + capability, as well as an assessment of any potential cost + savings. + (iii) An independent estimate of the schedule for the + development approach, and order of priorities for + implementation of the capability, including a reasonable + estimate of the dates on which the capability can be + expected to achieve initial operational capability and full + operational capability, respectively. + (iv) A recommendation identifying the office or other + organization of the Department of Defense that would be + most appropriate to manage and execute the capability. + (C) Report.--Not later than July 15, 2021, the Defense + Innovation Board, in consultation with the Defense Digital + Service, shall submit to the Secretary of Defense and the + congressional defense committees a report on the findings of + the assessment under subparagraph (A), including the findings + of the assessment with respect to each element specified in + subparagraph (B). + (2) Second assessment.-- + (A) In general.--Not later than March 15, 2023, the Defense + Innovation Board and the Defense Science Board shall jointly + complete an independent assessment of the progress of the + Secretary in implementing subsections (a) through (c). The + Secretary of Defense shall ensure that the Defense Innovation + Board and the Defense Science Board have access to the + resources, data, and information necessary to complete the + assessment. + (B) Information to congress.--Not later than 30 days after + the date on which the assessment under subparagraph (A) is + completed, the Defense Innovation Board and the Defense Science + Board shall jointly provide to the congressional defense + committees-- + (i) a report summarizing the assessment; and + (ii) a briefing on the findings of the assessment. + (g) Demonstrations and Briefing.-- + (1) Demonstration of implementation.--Not later than October + 20, 2021, the Secretary of Defense shall submit to the + congressional defense committees a demonstration and briefing on + the progress of the Secretary in implementing subsections (a) + through (c). The briefing shall include an explanation of how the + results of the demonstration activities carried out under + subsection (c) will be incorporated into the policy and guidance + required under subsection (d), particularly the policy and guidance + of the members of the steering committee established under + subsection (e). + (2) Briefing on legislative recommendations.--Not later than + February 1, 2022, the Secretary of Defense shall submit to the + Committees on Armed Services of the Senate and of the House of + Representatives a briefing that identifies any changes to existing + law that may be necessary to facilitate the implementation of + subsections (a) through (c). + (3) Demonstration of portfolio management.--In conjunction with + the budget of the President for fiscal year 2023 (as submitted to + Congress under section 1105(a) of title 21, United States Code), + the Deputy Secretary of Defense shall schedule a demonstration of + the portfolio management capability developed under subsection (b) + with the congressional defense committees. + SEC. 837. SAFEGUARDING DEFENSE-SENSITIVE UNITED STATES INTELLECTUAL + PROPERTY, TECHNOLOGY, AND OTHER DATA AND INFORMATION. + (a) In General.--The Secretary of Defense shall, in coordination +with relevant departments and agencies-- + (1) identify policies and procedures protecting defense- + sensitive United States intellectual property, technology, and + other data and information, including hardware and software, from + acquisition by the government of China; and + (2) to the extent that the Secretary determines that such + policies and procedures are insufficient to provide such + protection, develop additional policies and procedures. + (b) Matters Considered.--In developing the policies and procedures +under subsection (a), the Secretary shall take the following actions: + (1) Establish and maintain a list of critical national security + technology that may require certain restrictions on current or + former employees, contractors, or subcontractors (at any tier) of + the Department of Defense that contribute to such technology. + (2) Review the existing authorities under which employees of + the Department of Defense may be subject to post-employment + restrictions with foreign governments and with organizations + subject to foreign ownership, control, or influence. + (3) Identify additional measures that may be necessary to + enhance the authorities described in paragraph (2). + (c) Post-employment Matters.--The Secretary shall consider +mechanisms to restrict current or former employees of contractors or +subcontractors (at any tier) of the Department of Defense that +contribute significantly and materially to a technology referred to in +subsection (b)(1) from working directly for companies wholly owned by +the government of China, or for companies that have been determined by +a cognizant Federal agency to be under the ownership, control, or +influence of the government of China. + SEC. 838. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF SOFTWARE + ACQUISITION REFORMS. + (a) Report Required.--Not later than March 15, 2021, the +Comptroller General of the United States shall brief the congressional +defense committees on the implementation by the Secretary of Defense of +required acquisition reforms with respect to acquiring software for +weapon systems, business systems, and other activities that are part of +the defense acquisition system, with one or more reports based on such +briefing to be submitted to such committees, as jointly determined by +such committees and the Comptroller General. + (b) Elements.--The briefing and any reports required under +subsection (a) shall include an assessment of the extent to which the +Secretary of Defense has-- + (1) implemented the recommendations set forth in-- + (A) the final report of the Defense Innovation Board + submitted to the congressional defense committees under section + 872 of the National Defense Authorization Act for Fiscal Year + 2018 (Public Law 115-91; 131 Stat. 1497); + (B) the final report of the Defense Science Board Task + Force on the Design and Acquisition of Software for Defense + Systems described in section 868 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232; 132 Stat. 1902; 10 U.S.C. 2223a note); and + (C) other relevant studies on software research, + development, and acquisition activities of the Department of + Defense; + (2) carried out software acquisition activities, including + programs required under-- + (A) section 2322a of title 10, United States Code; and + (B) section 875 of the National Defense Authorization Act + for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1503; 10 + U.S.C. 2223 note); + (3) used the authority provided under section 800 of the + National Defense Authorization Act for Fiscal Year 2020 (Public Law + 116-92; 133 Stat. 1478; 10 U.S.C. 2223a); and + (4) carried out software acquisition pilot programs, including + pilot programs required under sections 873 and 874 of the National + Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; + 10 U.S.C. 2223a note; 10 U.S.C. 2302 note). + (c) Assessment of Acquisition Policy, Guidance, and Practices.-- +Each report required under subsection (a) shall include an assessment +of the extent to which the software acquisition policy, guidance, and +practices of the Department of Defense reflect implementation of-- + (1) relevant recommendations from software studies and pilot + programs; and + (2) directives from the congressional defense committees. + (d) Defense Acquisition System Defined.--In this section, the term +``defense acquisition system'' has the meaning given that term in +section 2545(2) of title 10, United States Code. + SEC. 839. COMPTROLLER GENERAL REPORT ON INTELLECTUAL PROPERTY + ACQUISITION AND LICENSING. + (a) In General.--Not later than October 1, 2021, the Comptroller +General of the United States shall submit to the congressional defense +committees a report evaluating the implementation of Department of +Defense Instruction 5010.44 relating to Intellectual Property +Acquisition and Licensing (or successor instruction). + (b) Elements.--The report required under subsection (a) shall +assess the following: + (1) The extent to which the Department of Defense is fulfilling + the core principles established in such Instruction. + (2) The extent to which the Defense Acquisition University + (established under section 1746 of title 10, United States Code) + and elements of the Department of Defense (specified in paragraphs + (1) through (10) of section 111(b) of such title) are carrying out + the requirements of such Instruction. + (3) The progress of the Secretary of Defense in establishing a + cadre of intellectual property experts (as required under section + 2322(b) of such title), including the extent to which members of + such cadre are executing their roles and responsibilities. + (4) The performance of the Secretary of Defense in assessing + and demonstrating the implementation of such Instruction, including + the effectiveness of the cadre described in paragraph (3). + (5) The effectiveness of the cadre described in paragraph (3) + in providing resources on the acquisition and licensing of + intellectual property. + (6) The effect implementation of such Instruction has had on + particular acquisitions. + (7) The extent to which feedback from appropriate stakeholders + was incorporated, including large and small businesses, traditional + and nontraditional defense contractors (as defined in section + 2302(9) of title 10, United States Code), and maintenance and + repair organizations. + (8) Any other matters the Comptroller General determines + appropriate. + + Subtitle D--Industrial Base Matters + + SEC. 841. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT + BOARDS. + (a) In General.--Chapter 148 of title 10, United States Code, is +amended by inserting after section 2533c the following section: +``Sec. 2533d. Additional requirements pertaining to printed circuit + boards + ``(a) In General.-- + ``(1) Beginning on January 1, 2023, the Secretary of Defense + may not acquire a covered printed circuit board from a covered + nation. + ``(2) Paragraph (1) shall not apply with respect to any + acquisition of supplies or services below the micro-purchase + threshold under section 2338 of this title. + ``(b) Waiver.-- + ``(1) The Secretary may waive the prohibition under subsection + (a) if the Secretary determines in writing that-- + ``(A) there are no significant national security concerns + regarding counterfeiting, quality, or unauthorized access + created by such waiver; + ``(B) the waiver is required to support national security; + and + ``(C) a covered printed circuit board of satisfactory + quality and sufficient quantity, in the required form, cannot + be procured as and when needed from nations other than a + covered nation at reasonable cost, excluding comparisons with + non-market economies. + ``(2) Not later than 10 days after the Secretary provides a + waiver under paragraph (1), the Secretary shall submit to the + Committee on Armed Services of the Senate and the Committee on + Armed Services of the House of Representatives a written notice + setting forth the reasoning for the waiver, together with a copy of + the waiver itself. + ``(c) Definitions.--In this section: + ``(1) Covered nation.--The term `covered nation' means-- + ``(A) the Democratic People's Republic of North Korea; + ``(B) the People's Republic of China; + ``(C) the Russian Federation; and + ``(D) the Islamic Republic of Iran. + ``(2) Covered printed circuit board.--The term `covered printed + circuit board' means any partially manufactured or complete bare + printed circuit board or fully or partially assembled printed + circuit board that-- + ``(A) performs a mission critical function in any product + or service that is not a commercial product or commercial + service (as such terms are defined under sections 103 and 103a + of title 41, respectively); or + ``(B) the Secretary designates as a covered printed circuit + board, after reasonable notice, based on a determination that + the designation is required to support national security. + ``(3) Secretary.--The term `Secretary' means the Secretary of + Defense. + ``(d) Rulemaking.--Not later than May 1, 2022, the Secretary shall +promulgate regulations, after an opportunity for notice and comment, +implementing this section. + ``(e) Applicability.--This section shall apply only with respect to +contracts entered into after the issuance of a final rule implementing +this section. + ``(f) Rule of Construction.--Nothing in this section shall be +construed to prohibit the Department of Defense from entering into a +contract with an entity that connects to the facilities of a third +party, for the purposes of backhaul, roaming, or interconnection +arrangements, on the basis of the noncompliance by the third party with +the provisions of this section or use of equipment or services that do +not route or redirect user data traffic or permit visibility into any +user data or packets that such equipment transmits or otherwise +handles.''. + (b) Clerical Amendment.--The table of sections for subchapter V of +chapter 148 of title 10, United States Code, is amended by inserting +after the item relating to section 2533c the following: + +``2533d. Additional requirements pertaining to printed circuit + boards.''. + + (c) Trusted Supply.--The Secretary of Defense shall apply the +requirements of section 224 of the National Defense Authorization Act +for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2302 note) to the +acquisition of covered printed circuit boards (as such term is defined +under section 2533d(c) of title 10, United States Code, as added by +this section). + (d) Independent Assessment.-- + (1) In general.--Not later than 90 days after the date of + enactment of this Act, the Secretary of Defense shall seek to enter + into an agreement with a federally funded research and development + center under which the center will conduct an assessment of the + benefits and risks of expanding the prohibition in section 2533d(a) + and the definitions in section 2533d(c) of title 10, United States + Code, each as added by this section, to include printed circuit + boards in commercial products or services, or in commercially + available off-the-shelf products or services. The assessment shall + also include analysis and recommendations regarding the scope of + mission critical functions, as such term is used in such section. + (2) Submission to department of defense.--Not later than one + year after entering into the contract described in paragraph (1), + the federally funded research and development center that conducts + the assessment described in such paragraph shall submit to the + Secretary of Defense a report on the results of the assessment. + (3) Submission to congress.--Not later than 90 days after the + date on which the Secretary of Defense receives the report + described in paragraph (2), the Secretary shall submit to the + congressional defense committees an unaltered copy of the report, + together with any comments the Secretary may have with respect to + the report, as well as a summary of the recommendations of the + report. The comments of the Secretary, if any, and the summary of + recommendations shall be in an unclassified form, but the + submission may include a classified annex. + SEC. 842. REPORT ON NONAVAILABILITY DETERMINATIONS AND QUARTERLY + NATIONAL TECHNOLOGY AND INDUSTRIAL BASE BRIEFINGS. (a) In General.--Section 2504 of title 10, United States Code, is amended-- - (1) by striking ``The Secretary'' and inserting the - following: - ``(a) Annual Report.--The Secretary''; and - (2) by adding at the end the following new subsection: + (1) by striking ``The Secretary'' and inserting the following: + ``(a) Annual Report.--The Secretary''; + (2) in subsection (a), as designated by paragraph (1), by + adding at the end the following new paragraph: + ``(5) A detailed description of any use by the Secretary of Defense +or a Secretary concerned, as applicable, during the prior 12 months of +a waiver or exception to the sourcing requirements or prohibitions +established by chapter 83 of title 41 or subchapter V of chapter 148 of +this title, including-- + ``(A) the type of waiver or exception used; and + ``(B) the reasoning for the use of each such waiver or + exception.''; and + (3) by adding at the end the following new subsection: ``(b) Quarterly Briefings.--(1) The Secretary of Defense shall ensure that the congressional defense committees receive quarterly -briefings on the progress of the Department of Defense to address the -prioritized list of gaps or vulnerabilities in the national technology -and industrial base described in subsection (a)(3)(B) as follows: - ``(A) One quarterly briefing per year shall be provided by - the Secretary of the Army. - ``(B) One quarterly briefing per year shall be provided by - the Secretary of the Navy. - ``(C) One quarterly briefing per year shall be provided by - the Secretary of the Air Force. - ``(D) One quarterly briefing per year shall be provided by - all appropriate heads of the Defense Agencies identified under - subsection (a)(3)(B)(ii). - ``(2) Each briefing under paragraph (1) shall include an update of +briefings on the industrial base supporting the Department of Defense, +describing challenges, gaps, and vulnerabilities in the defense +industrial base and commercial sector relevant to execution of defense +missions, and describing initiatives to address such challenges. + ``(2) Each briefing under paragraph (1) shall include an update on the progress of addressing such gaps or vulnerabilities by the -Secretary concerned or the appropriate head of a Defense Agency, -including an update on-- - ``(A) actions taken to address such gaps or - vulnerabilities; - ``(B) the mitigation strategies necessary to address such - gaps or vulnerabilities; and - ``(C) the proposed timeline for action to address such gaps - or vulnerabilities.''. +Secretary, the Secretary of the military department concerned, or the +appropriate head of a Defense Agency, including an update on-- + ``(A) actions taken to address such gaps or vulnerabilities; + ``(B) policy changes necessary to address such gaps or + vulnerabilities; and + ``(C) the proposed timeline for action and resources required + to address such gaps or vulnerabilities.''. (b) Conforming and Clerical Amendments.-- - (1) Heading amendment.--The heading of section 2504 of such - title is amended to read as follows: + (1) Heading amendment.--The heading of section 2504 of title + 10, United States Code, is amended to read as follows: ``Sec. 2504. National technology and industrial base: annual report and - quarterly briefings''. - (2) Clerical amendment.--The table of sections for - subchapter II of chapter 148 of such title is amended by - striking the item relating to section 2504 and inserting the - following new item: + quarterly briefings''. + (2) Clerical amendment.--The table of sections for subchapter + II of chapter 148 of such title is amended by striking the item + relating to section 2504 and inserting the following new item: ``2504. National technology and industrial base: annual report and - quarterly briefing.''. - -SEC. 822. EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN METAL - PRODUCTS. - - (a) In General.--Section 2533c of title 10, United States Code, is + quarterly briefings.''. + SEC. 843. MODIFICATION OF FRAMEWORK FOR MODERNIZING ACQUISITION + PROCESSES TO ENSURE INTEGRITY OF INDUSTRIAL BASE AND INCLUSION OF + OPTICAL TRANSMISSION COMPONENTS. + (a) In General.-- Section 2509 of title 10, United States Code, is amended-- - (1) in subsection (a)(1), by striking ``material melted'' - and inserting ``material mined, refined, separated, melted,''; + (1) in subsection (b)(2)-- + (A) in subparagraph (A)-- + (i) in the matter preceding clause (i), by inserting + ``such as those identified through the supply chain risk + management process of the Department and by the Federal + Acquisition Security Council, and'' after ``supply chain + risks,''; and + (ii) in clause (ii), by striking ``(other than optical + transmission components)''; + (B) in subparagraph (C)-- + (i) in clause (x), by striking ``; and'' and inserting + a semicolon; + (ii) by redesignating clause (xi) as clause (xii); and + (iii) by inserting after clause (x) the following new + clause: + ``(xi) processes and procedures related to supply chain + risk management and processes and procedures implemented + pursuant to section 2339a of this title; and''; and + (C) by adding at the end the following new subparagraph: + ``(E) Characterization and assessment of industrial base + support policies, programs, and procedures, including-- + ``(i) limitations and acquisition guidance relevant to the + national technology and industrial base (as defined in section + 2500(1) of this title); + ``(ii) limitations and acquisition guidance relevant to + section 2533a of this title; + ``(iii) the Industrial Base Analysis and Sustainment + program of the Department, including direct support and common + design activities; + ``(iv) the Small Business Innovation Research Program (as + defined in section 9(e) of the Small Business Act (15 U.S.C. + 638(e)); + ``(v) the Manufacturing Technology Program established + under section 2521 of this title; + ``(vi) programs relating to the Defense Production Act of + 1950 (50 U.S.C. 4511 et seq.); and + ``(vii) programs operating in each military department.''; and - (2) in subsection (c)(3)(A)(i), by striking ``tungsten'' - and inserting ``covered material''. + (2) in subsection (f)(2), by inserting ``, and supporting + policies, procedures, and guidance relating to such actions'' after + ``subsection (b)''. + (b) Conforming Amendment.--Section 806 of the Ike Skelton National +Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2304 note) is +repealed. + SEC. 844. EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN METAL + PRODUCTS. + (a) In General.--Section 2533c of title 10, United States Code, is +amended-- + (1) in subsection (a)(1), by striking ``material melted'' and + inserting ``material mined, refined, separated, melted,''; and + (2) in subsection (c)(3)(A)(i), by striking ``tungsten'' and + inserting ``covered material''. (b) Effective Date.--The amendments made by subsection (a) shall -take effect on the date that is 3 years after the date of the enactment +take effect on the date that is 5 years after the date of the enactment of this Act. - -SEC. 823. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE MANUFACTURED IN - THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. - - (a) Technical Amendment.--The second subsection (k) of section 2534 -of title 10, United States Code (relating to Implementation of -Auxiliary Ship Component Limitation), is redesignated as subsection -(l). - (b) Components for Auxiliary Ships.--Section 2534(a) of title 10, -United States Code, is amended by adding at the end the following new -paragraph: - ``(6) Components for auxiliary ships.--Subject to - subsection (l), the following components: - ``(A) Large medium-speed diesel engines. - ``(B) Auxiliary equipment, including pumps, for all - shipboard services. - ``(C) Propulsion system components, including - engines, reduction gears, and propellers. - ``(D) Shipboard cranes. - ``(E) Spreaders for shipboard cranes.''. - (c) Implementation.--Subsection (l) of section 2534 of title 10, -United States Code, as redesignated by subsection (a), is amended-- - (1) by redesignating the second sentence to appear as flush - text at the end; - (2) by striking ``auxiliary ship after the date'' and - inserting the following: ``auxiliary ship-- - ``(1) with respect to large medium-speed diesel engines - described under subparagraph (A) of such subsection, after the - date''; - (3) in paragraph (1) (as so designated), by striking - ``Navy.'' and inserting ``Navy; and''; and - (4) by inserting after paragraph (1) (as so designated) the - following new paragraph: - ``(2) with respect to components listed in subparagraphs - (B) through (E) of such subsection, after the date of the - enactment of the National Defense Authorization Act for Fiscal - Year 2021 using funds available for National Defense Sealift - Fund programs or Shipbuilding and Conversion, Navy.''. - -SEC. 824. PREFERENCE FOR SOURCING RARE EARTH MATERIALS FROM THE - NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. - - (a) In General.--The Secretary of Defense shall, to the maximum -extent practicable, acquire materials that are determined to be -strategic and critical materials required to meet the defense, -industrial, and essential civilian needs of the United States in the -following order of preference: - (1) From sources located within the United States. - (2) From sources located within the national technology and - industrial base (as defined in section 2500 of title 10, United - States Code). - (3) From other sources as appropriate. - (b) Eliminate Dependency on China.--Not later than 180 days after -the date of the enactment of this Act, the Under Secretary of Defense -for Acquisition and Sustainment, in consultation with the Under -Secretary of Defense (Comptroller), the Vice Chairman of the Joint -Chiefs of Staff, and the appropriate Under Secretary of State, as -designated by the Secretary of State, shall issue guidance to ensure -the elimination of the dependency of the United States on rare earth -materials from China by fiscal year 2035. - -SEC. 825. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR DEFENSE - ACQUISITION PROGRAMS. - - (a) Assessment Required.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the congressional defense committees a report - assessing the domestic source content of any procurement - carried out in connection with major defense acquisition - programs. - (2) Information repository.--The Secretary of Defense shall - establish an information repository for the collection and - analysis of information related to domestic source content that - can be used for continuous data analysis and program management - activities. - (b) Enhanced Domestic Content Requirement.-- - (1) In general.--For purposes of chapter 83 of title 41, - United States Code, manufactured articles, materials, or - supplies procured in connection with a major defense - acquisition program shall be deemed to be manufactured - substantially all from articles, materials, or supplies mined, - produced, or manufactured in the United States, if such - component articles, materials, or supplies-- - (A) not later than October 1, 2021, comprise 75 - percent of the manufactured articles, materials, or - supplies; - (B) not later than October 1, 2022, comprise 80 - percent of the manufactured articles, materials, or - supplies; - (C) not later than October 1, 2023, comprise 85 - percent of the manufactured articles, materials, or - supplies; - (D) not later than October 1, 2024, comprise 90 - percent of the manufactured articles, materials, or - supplies; - (E) not later than October 1, 2025, comprise 95 - percent of the manufactured articles, materials, or - supplies; and - (F) not later than October 1, 2026, comprise 100 - percent of the manufactured articles, materials, or - supplies. - (2) Waiver.--Before Milestone A approval (as defined in - section 2366a(d) of title 10, United States Code) is granted - for a major defense acquisition program, the Secretary of - Defense shall determine whether or not to grant a waiver of the - requirements of paragraph (1). - (3) Effective date.--The domestic content requirement under - paragraph (1) applies to contracts entered into on or after - October 1, 2021. - (c) Major Defense Acquisition Program Defined.--In this section, -the term ``major defense acquisition program'' has the meaning given in -section 2430 of title 10, United States Code. - -SEC. 826. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS. - - (a) Purchases.--Beginning in fiscal year 2023, the Secretary of -Defense shall require that any contractor or subcontractor that -provides covered printed circuit boards for use by the Department of -Defense to certify that, of the total value of the covered printed -circuit boards provided by such contractor or subcontractor pursuant to -a contract with the Department of Defense, not less than the -percentages set forth in subsection (b) were manufactured and assembled -within a covered country. - (b) Implementation.--In making a certification under subsection -(a), a contractor or subcontractor shall use the following percentages: - (1) During fiscal years 2023 through 2027, the greater of-- - (A) 50 percent; or - (B) 75 percent, if the Secretary of Defense has - determined that suppliers in covered countries are - capable of supplying 75 percent of Department of - Defense requirements for printed circuit boards. - (2) During fiscal years 2028 through 2032, the greater of-- - (A) 75 percent; or - (B) 100 percent, if the Secretary of Defense has - determined that suppliers in covered countries are - capable of supplying 100 percent of Department of - Defense requirements for printed circuit boards. - (3) Beginning in fiscal year 2033, 100 percent. - (c) Remediation.-- - (1) In general.--In the event that a contractor or - subcontractor is unable to make the certification required - under subsection (a), the Secretary may accept covered printed - circuit boards from such contractor or subcontractor for up to - 1 year while requiring the contractor to complete a remediation - plan. Such a plan shall be submitted to the congressional - defense committees and shall require the contractor or - subcontractor that failed to make the certification required - under subsection (a) to-- - (A) audit its supply chain to identify any areas of - security vulnerability and noncompliance with section - 224 of the National Defense Authorization Act for - Fiscal Year 2020 (Public Law 116-92); and - (B) meet the requirements of subsection (a) within - 1 year after the initial missed certification deadline. - (2) Restriction.--No contractor or subcontractor that has - supplied covered printed circuit boards while under a - remediation plan shall be eligible to enter into another - remediation plan under subsection (c) for a period of 5 years. - (d) Waiver.--The Secretary of Defense may waive the requirement -under subsection (a) with respect to a contractor or subcontractor if -the Secretary determines that-- - (1) there are no significant national security concerns - regarding counterfeiting, quality, or unauthorized access - created by accepting covered printed circuit boards under such - waiver; and - (2) the contractor is otherwise in compliance with all - relevant cybersecurity provisions relating to members of the - defense industrial base, including section 224 of the National - Defense Authorization Act for Fiscal Year 2020 (Public Law 116- - 92). - (e) Availability Exception.--Subsection (a) shall not apply to the -extent that the Secretary of Defense or the Secretary of the military -department concerned determines that covered printed circuit boards of -satisfactory quality and sufficient quantity, in the required form, -cannot be procured as and when needed from covered countries. - (f) Definitions.--In this section: - (1) Covered country.--The term ``covered country'' means-- - (A) the United States; or - (B) a foreign country whose government has a - memorandum of understanding or agreement with the - United States that-- - (i) where applicable, complies with the - requirements of section 36 of the Arms Export - Control Act (22 U.S.C. 2776) and with section - 2457 of title 10, United States Code; and - (ii) either-- - (I) requires the United States to - purchase supplies from foreign sources - for the purposes of offsetting sales - made the by United States Government or - United States firms under approved - programs serving defense requirements; - or - (II) under which the United States - and such government agree to remove - barriers to purchase supplies produced - in such foreign country or services - performed by sources of such foreign - country. - (2) Covered printed circuit board.-- - (A) In general.--The term ``covered printed circuit - board'' means any printed circuit board that is-- - (i) a product that is not a commercial - product (as defined in section 103 of title 41, - United States Code); or - (ii) a commercial product (as defined in - section 103 of title 41, United States Code), - other than a commercially available off-the- - shelf item (as defined in section 104 of title - 41, United States Code) not described in - subparagraph (B). - (B) Commercially available off-the-shelf items - described.--The commercially available off-the-shelf - items (as defined in section 104 of title 41, United - States Code) described in this subparagraph are such - items that are acquired under a contract with an award - value that is greater than the micro-purchase threshold - under section 2338 of title 10, United States Code, for - use as an integral component in a system designed for-- - (i) telecommunications, including data - communications and fifth-generation cellular - communications; - (ii) data storage; - (iii) medical applications; - (iv) networking; - (v) computing; - (vi) radar; - (vii) munitions; or - (viii) any other system that the Secretary - of Defense determines should be covered under - this section. - (3) Subcontractor.--The term ``subcontractor'' includes - subcontractors at any tier. - -SEC. 827. REPORT ON USE OF DOMESTIC NONAVAILABILITY DETERMINATIONS. - - Not later than September 30, 2021, and annually thereafter, the -Secretary of Defense shall submit a report to congressional defense -committees-- - (1) describing in detail the use of any waiver or exception - by the Department of Defense to the requirements of chapter 83 - of title 41, United States Code, or section 2533a of title 10, - United States Code, relating to domestic nonavailability - determinations; - (2) specifying the type of waiver or exception used; and - (3) providing an assessment of the impact on the use of - such waivers or exceptions due to the COVID-19 pandemic and - associated challenges with investments in domestic sources. - -SEC. 828. SENSE OF CONGRESS ON THE PROHIBITION ON CERTAIN - TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR - EQUIPMENT. - - (a) Findings.--Congress finds the following: - (1) Prohibiting the use of telecommunications and video - surveillance products or services from certain Chinese entities - within the Federal Government's supply chain is essential to - our national security. - (2) Section 889 of the John S. McCain National Defense - Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 - Stat. 1917; 41 U.S.C. note prec. 3901) restricts Federal - agencies from procuring, contracting with entities that use, or - funding the purchase of certain telecommunications products of - Chinese companies determined by Congress to pose a substantial - threat to the security of our communication infrastructure. - (3) Specifically, section 889(a)(1)(B) of such Act, - effective August 13, 2020, will prohibit Federal agencies from - entering into, extending, or renewing a contract with an entity - that uses covered telecommunications and video surveillance - equipment or services from designated Chinese companies, - including Huawei and ZTE, in their supply chains. - (4) As of July 1, 2020, the Federal Acquisition Regulatory - Council has yet to release a draft rule for public comment on - the implementation of the prohibitions described in section - 889(a)(1)(B) of such Act, leaving Federal agencies and - contractors that provide equipment and services to the Federal - Government without implementation guidance necessary to - adequately plan for or comply with the prohibitions. - (5) Belated, and then hurried, implementation of this - critical prohibition puts at risk the Federal Government's - ability to acquire essential goods and services and increases - vulnerability in the supply chain through inconsistent - implementation. - (6) A senior Department of Defense leader testified on June - 10, 2020, that, ``I am very concerned about being able to - implement [the prohibition] in August, as well as totally - comply within two years * * * I believe we need more time''. - (7) Subsequent to the enactment of the John S. McCain - National Defense Authorization Act for Fiscal Year 2019 (Public - Law 115-232), Congress established the Federal Acquisition - Security Council (FASC)--comprised of senior officials from the - Office of Management and Budget, General Services - Administration, Department of Defense, Department of Homeland - Security and the intelligence community--to streamline the - Federal Government's supply chain risk management efforts and - develop criteria and processes for supply chain information - sharing among executive agencies. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) successful implementation of the prohibition on using - or procuring certain telecommunications and video surveillance - equipment under section 889 of the John S. McCain National - Defense Authorization Act for Fiscal Year 2019 (Public Law 115- - 232; 132 Stat. 1917; 41 U.S.C. note prec. 3901) is critical to - protecting the supply chain of the Federal Government, and - Federal agencies should draw upon the expert resources - available (such as the Federal Acquisition Security Council - established under subchapter III of chapter 13 of title 41, - United States Code) to ensure implementation of such - prohibition is done in a comprehensive and deliberative manner; - and - (2) the Federal Acquisition Regulatory Council shall ensure - successful implementation of such prohibition by providing - sufficient time for public comment and review of any related - rulemaking. - -SEC. 829. DOMESTIC SOURCING REQUIREMENTS FOR ALUMINUM. - - (a) Finding.--Congress finds that aluminum production capacity in -the United States is critical to United States national security. - (b) Designation of Aluminum as Specialty Metal.--Section 2533b(l) -of title 10, United States Code, is amended by adding at the end the -following new paragraph: - ``(5) Aluminum and aluminum alloys.'' - (c) Federal Highway Administration.--Section 313(a) of title 23, -United States Code, is amended by striking ``unless steel, iron, and -manufactured products'' and inserting ``unless steel, iron, aluminum, -and manufactured products''. - (d) Federal Transit Administration.--Section 5323(j) of title 49, -United States Code, is amended-- - (1) in paragraph (1), by striking ``only if the steel, - iron, and manufactured goods'' and inserting ``only if the - steel, iron, aluminum, and manufactured goods''; - (2) in paragraph (2)(B), by striking ``steel, iron, and - goods'' and inserting ``steel, iron, aluminum, and manufactured - goods''; - (3) in paragraph (5), by striking ``or iron'' and inserting - ``, iron, or aluminum''; - (4) in paragraph (6)(A)(i), by inserting ``, aluminum'' - after ``iron''; - (5) in paragraph (10), by inserting ``, aluminum'' after - ``iron''; and - (6) in paragraph (12)-- - (A) in the paragraph heading, by striking ``and - iron'' and inserting ``, iron, and aluminum''; and - (B) by striking ``and iron'' and inserting ``, - iron, and aluminum''. - (e) Federal Railroad Administration.--Section 22905(a) of title 49, -United States Code, is amended-- - (1) in paragraph (1), by striking ``only if the steel, - iron, and manufactured goods'' and inserting ``only if the - steel, iron, aluminum, and manufactured products''; - (2) in paragraph (2)(B), by inserting ``, aluminum'' after - ``iron''; and - (3) in paragraph (9), by inserting ``, aluminum'' after - ``iron''. - (f) Federal Aviation Administration.--Section 50101(a) of title 49, -United States Code, is amended by striking ``steel and manufactured -goods'' and inserting ``steel, aluminum, and manufactured goods''. - (g) Amtrak.--Section 24305(f)(2) of title 49, United States Code, -is amended by inserting ``(including aluminum)'' after ``supplies'' -each place it appears. - -SEC. 830. REPORT ON ALUMINUM REFINING, PROCESSING, AND MANUFACTURING. - - (a) Sense of Congress.--It is the sense of Congress that, -consistent with any determinations made pursuant to section 101 of the -Defense Production Act of 1950 (50 U.S.C. 4511), the refining of -aluminum and the development of processing and manufacturing -capabilities for aluminum, including a geographically diverse set of -such capabilities, may have important implications for the defense -industrial base and the national defense. - (b) Report.--Not later than September 30, 2021, the Secretary of -Defense shall submit to the appropriate congressional committees a -report on-- - (1) how authorities under the Defense Production Act of - 1950 (50 U.S.C. 4501 et seq.) could be used to provide - incentives to increase activities relating to refining aluminum - and the development of processing and manufacturing - capabilities for aluminum; and - (2) whether a new initiative would further the development - of such processing and manufacturing capabilities for aluminum. - (c) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committees on Armed Services of the Senate - and the House of Representatives; and - (B) the Committee on Financial Services of the - House of Representatives and the Committee on Banking, - Housing, and Urban Affairs of the Senate. - (2) National defense.--The term ``national defense'' shall - have the same meaning as such term under section 702 of the - Defense Production Act of 1950 (50 U.S. C. 4552). - -SEC. 830A. BRIEFING ON THE SUPPLY CHAIN FOR SMALL UNMANNED AIRCRAFT - SYSTEM COMPONENTS. - - (a) Briefing Required.--Not later than 180 days after the date of -the enactment of this Act, the Under Secretary of Defense for -Acquisition and Sustainment, in consultation with the Administrator of -the National Aeronautics and Space Administration, shall provide to the -appropriate congressional committees a briefing on the supply chain for -small unmanned aircraft system components, including a discussion of -current and projected future demand for small unmanned aircraft system -components. - (b) Elements.--The briefing under subsection (a) shall include the + SEC. 845. MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF GOODS + OTHER THAN UNITED STATES GOODS. + (a) In General.--Section 2534 of title 10, United States Code, is +amended-- + (1) in subsection (a)-- + (A) by striking paragraphs (2) through (5) and + redesignating paragraph (6) as paragraph (3); + (B) by inserting after paragraph (1) the following new + paragraph: + ``(2) Components for naval vessels.--The following components + of vessels, to the extent they are unique to marine applications: + ``(A) Gyrocompasses. + ``(B) Electronic navigation chart systems. + ``(C) Steering controls. + ``(D) Propulsion and machinery control systems. + ``(E) Totally enclosed lifeboats.''; + (C) in paragraph (3), as so redesignated, by striking + ``subsection (k)'' and inserting ``subsection (j)''; and + (D) by adding at the end the following new paragraph: + ``(4) Components for t-ao 205 class vessels.--The following + components of T-AO 205 class vessels: + ``(A) Auxiliary equipment, including pumps, for all + shipboard services. + ``(B) Propulsion system components, including engines, + reduction gears, and propellers. + ``(C) Shipboard cranes. + ``(D) Spreaders for shipboard cranes.''; + (2) by amending subsection (b) to read as follows: + ``(b) Manufacturer in the National Technology and Industrial +Base.--A manufacturer meets the requirements of this subsection if the +manufacturer is part of the national technology and industrial base.''; + (3) in subsection (c)-- + (A) by striking ``Items.--'' and all that follows through + ``Subsection (a) does not apply'' and inserting ``Items.-- + Subsection (a) does not apply''; and + (B) by striking paragraphs (2) though (5); + (4) in subsection (g)-- + (A) by striking ``(1) This section'' and inserting ``This + section''; and + (B) by striking paragraph (2); + (5) in subsection (h), by striking ``subsection (a)(3)(B)'' and + inserting ``subsection (a)(2)''; + (6) in subsection (i)(3), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and inserting + ``Under Secretary of Defense for Acquisition and Sustainment''; + (7) by striking subsection (j); + (8) by redesignating the first subsection designated subsection + (k) (relating to ``Limitation on Certain Procurements Application + Process'') as subsection (j); and + (9) in subsection (k) (relating to ``Implementation of + Auxiliary Ship Component Limitation''), by striking ``Subsection + (a)(6)'' and inserting ``Subsection (a)(3)''. + (b) Review of Select Components.--The Secretary of the Defense +shall expedite the review period under paragraph (3)(B) of section +2534(j) of title 10, United States Code, as redesignated by subsection +(a), to not more than 60 days for applications submitted pursuant to +such section 2534(j) for the following components for auxiliary ships: + (1) Auxiliary equipment, including pumps, for all shipboard + services. + (2) Propulsion system components, including engines, reduction + gears, and propellers. + (3) Shipboard cranes. + (4) Spreaders for shipboard cranes. + SEC. 846. IMPROVING IMPLEMENTATION OF POLICY PERTAINING TO THE + NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. + (a) Assessment of Research and Development, Manufacturing, and +Production Capabilities.-- + (1) In general.--In developing the strategy required by section + 2501 of title 10, United States Code, carrying out the program for + analysis of the national technology and industrial base required by + section 2503 of such title, and performing the assessments required + under section 2505 of such title, the Secretary of Defense, in + consultation with the Under Secretary of Defense for Acquisition + and Sustainment and the Under Secretary of Research and + Engineering, shall assess the research and development, + manufacturing, and production capabilities of the national + technology and industrial base (as defined in section 2500 of such + title) and other allies and partner countries. + (2) Identification of specific technologies, companies, + laboratories, and factories.--The map of the industrial base + described in section 2504 of title 10, United States Code, shall + highlight specific technologies, companies, laboratories, and + factories of, or located in, the national technology and industrial + base of potential value to current and future Department of Defense + plans and programs. + (b) Policy and Guidance.-- + (1) In general.--Section 2440 of title 10, United States Code + is amended-- + (A) by amending the section heading to read as follows: + ``National technology and industrial base plans, policy, and + guidance''; + (B) striking ``The Secretary'' and inserting the following: + ``(a) In General.--The Secretary''; and + (C) by adding at the end the following new subsection: + ``(b) Acquisition Policy and Guidance.--The Secretary of Defense +shall develop and promulgate acquisition policy and guidance to the +service acquisition executives, the heads of the appropriate Defense +Agencies and Department of Defense Field Activities, and relevant +program managers. Such policy and guidance shall be germane to the use +of the research and development, manufacturing, and production +capabilities identified pursuant to chapter 148 of this title and the +technologies, companies, laboratories, and factories in specific +Department of Defense research and development, international +cooperative research, procurement, and sustainment activities.''. + (2) Clerical amendments.--The table of sections at the + beginning of chapter 144 of title 10, United States Code, is + amended by striking the item relating to section 2440 and inserting + the following new item: + +``2440. National technology and industrial base plans, policy, and + guidance.''. + + (c) Responsibilities of the National Defense Technology and +Industrial Base Council.--Section 2502(c) of title 10, United States +Code, is amended-- + (1) in paragraph (2), by striking ``and'' at the end; + (2) in paragraph (3), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new paragraph: + ``(4) collaboration with government officials of member + countries of the national technology and industrial base in order + to strengthen the national technology and industrial base.''. + (d) Recommendations for Additional Members of the National +Technology and Industrial Base.-- + (1) In general.--The Secretary of Defense, in consultation with + the heads of any relevant Federal agencies, shall establish a + process to consider the inclusion of additional member countries in + the national technology and industrial base. + (2) Elements.--The process developed under paragraph (1) shall + include an analysis of-- + (A) the national security and foreign policy impacts, + costs, and benefits to the United States and allied countries + of the inclusion of any such additional member countries in the + national technology and industrial base; + (B) the economic impacts, costs, and benefits to entities + within the United States and allied countries of the inclusion + of any such additional member countries into the national + technology and industrial base, including an assessment of-- + (i) specific shortfalls in the technological and + industrial capacities of current member countries of the + national technology and industrial base that would be + addressed by inclusion of such additional member countries; + (ii) specific areas in the industrial bases of current + member countries of the national technology and industrial + base that would likely be impacted by additional + competition if such additional member countries were + included in the national technology and industrial base; + and + (iii) costs to reconstitute capability should such + capability be lost to competition; and + (C) other factors as determined relevant by the Secretary. + (3) Concurrence.--For the purposes of the process developed + under paragraph (1), the Secretary of Defense may recommend the + inclusion of an additional member country in the national + technology and industrial base only with the concurrence of the + Secretary of State. + SEC. 847. REPORT AND LIMITATION ON THE AVAILABILITY OF FUNDS + RELATING TO ELIMINATING THE GAPS AND VULNERABILITIES IN THE + NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. + (a) In General.--Beginning January 1, 2021, if the Secretary of +Defense has not submitted to the congressional defense committees the +national security strategy for the national technology and industrial +base required by section 2501(a) of title 10, United States Code, not +more than 75 percent of the funds specified in subsection (b) may be +obligated or expended until the date on which the Secretary submits +such strategy to such committees. + (b) Funds Specified.--The funds specified in this subsection are +the funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2021 for the Department of Defense for the following: - (1) The sustainability and availability of secure sources - of critical components domestically and from sources in allied - and partner nations. - (2) The cost, availability, and quality of secure sources - of critical components and other relevant information - domestically and from sources in allied and partner nations. - (3) The plan of the Department of Defense to address any - gaps or deficiencies presented in paragraphs (1) and (2), - including through the use of funds available under the Defense - Production Act of 1950 (50 U.S.C. 4501 et seq.) and - partnerships with the National Aeronautics and Space - Administration and other public and private stakeholders. - (4) Such other information as the Under Secretary of - Defense for Acquisition and Sustainment determines to be + (1) The immediate office of the Secretary of Defense. + (2) The Office of the Under Secretary of Defense for + Acquisition and Sustainment. + SEC. 848. SUPPLY OF STRATEGIC AND CRITICAL MATERIALS FOR THE + DEPARTMENT OF DEFENSE. + (a) Preference for Sourcing From the National Technology and +Industrial Base.--The Secretary of Defense shall, to the maximum extent +practicable, acquire strategic and critical materials required to meet +the defense, industrial, and essential civilian needs of the United +States in the following order of preference: + (1) From sources located within the United States. + (2) From sources located within the national technology and + industrial base (as defined in section 2500 of title 10, United + States Code). + (3) From other sources as appropriate. + (b) Statement of Policy.-- + (1) In general.--The Secretary of Defense shall pursue the + following goals: + (A) Not later than January 1, 2035, ensuring access to + secure sources of supply for strategic and critical materials + that will-- + (i) fully meet the demands of the domestic defense + industrial base; + (ii) eliminate the dependence of the United States on + potentially vulnerable sources of supply for strategic and + critical materials; and + (iii) ensure that the Department of Defense is not + reliant upon potentially vulnerable sources of supply for + the processing or manufacturing of any strategic and + critical materials deemed essential to national security by + the Secretary of Defense. + (B) Provide incentives for the defense industrial base to + develop robust processing and manufacturing capabilities in the + United States to refine strategic and critical materials for + Department of Defense purposes. + (C) Maintain secure sources of supply for strategic and + critical materials required to maintain current military + requirements in the event that international supply chains are + disrupted. + (2) Methods.--The Secretary of Defense shall achieve the goals + described in paragraph (1) through-- + (A) the development of guidance in consultation with + appropriate officials of the Department of State, the Joint + Staff, and the Secretaries of the military departments; + (B) the continued and expanded use of existing programs, + such as the National Defense Stockpile; + (C) the continued use of authorities under title III of the + Defense Production Act of 1950 (50 U.S.C. 4531 et seq.); and + (D) other methods, as the Secretary of Defense deems appropriate. - (c) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the congressional defense committees; - (B) the Committee on Science, Space, and Technology - and the Committee on Transportation and Infrastructure - of the House of Representatives; and - (C) the Committee on Commerce, Science, and - Transportation of the Senate. - (2) Small unmanned aircraft; unmanned aircraft system.--The - terms ``small unmanned aircraft'' and ``unmanned aircraft - system'' have the meanings given, respectively, in section - 44801 of title 49, United States Code. - -SEC. 830B. PROHIBITION ON PROCUREMENT OR OPERATION OF FOREIGN-MADE - UNMANNED AIRCRAFT SYSTEMS. - - (a) Prohibition on Procurement.-- - (1) In general.--Except as otherwise provided in this - subsection, the head of an executive agency may not procure any - commercial off-the-shelf drone or covered unmanned aircraft, or - any component thereof for use in such a drone or unmanned - aircraft, that is manufactured or assembled by a covered - foreign entity, including any flight controllers, radios, core - processors, printed circuit boards, cameras, or gimbals. - (2) Exemption.--The Secretary of Homeland Security and the - Secretary of Defense are exempt from the requirements of - paragraph (1) if the operation or procurement-- - (A) is for the purposes of training, testing, or - analysis for-- - (i) counter-UAS system surrogate - intelligence; - (ii) electronic warfare; or - (iii) information warfare operations; and - (B) is required in the national interest of the - United States. - (3) Procurement of printed circuit boards.-- - (A) In general.--Beginning in fiscal year 2023, the - head of an executive agency shall require that any - contractor or subcontractor that provides printed - circuit boards for use in covered unmanned aircraft or - commercial off-the-shelf drones to certify that, of the - total value of the printed circuit boards provided by - such contractor or subcontractor pursuant to a contract - with an executive agency, not more than the percentages - set forth in subparagraph (B) were manufactured and - assembled by a covered foreign entity. - (B) Percentages.--In making a certification under - subsection (a), a contractor or subcontractor shall use - the following percentages: - (i) During fiscal years 2023 through 2027, - the lesser of-- - (I) 50 percent; or - (II) 25 percent, if the relevant - head of an executive agency has - determined that suppliers other than - covered foreign entities are capable of - supplying 75 percent of the - requirements of the executive agency - for printed circuit boards. - (ii) During fiscal years 2028 through 2032, - the lesser of-- - (I) 25 percent; or - (II) 0 percent, if the relevant - head of an executive agency has - determined that suppliers other than - covered foreign entities are capable of - supplying 100 percent the requirements - of the executive agency for printed - circuit boards. - (C) Remediation.-- - (i) In general.--If a contractor or - subcontractor is unable to make the - certification required under subparagraph (A), - the head of an executive agency may accept - printed circuit boards from such contractor or - subcontractor for up to 1 year while requiring - the contractor to complete a remediation plan. - Such plan shall be submitted to Congress and - shall require the contractor or subcontractor - that failed to make the certification required - under subparagraph (A) to-- - (I) audit its supply chain to - identify any areas of security - vulnerability; and - (II) meet the requirements of - subparagraph (A) within 1 year after - the initial missed certification - deadline. - (ii) Restriction.--No contractor or - subcontractor that has supplied printed circuit - boards while under a remediation plan shall be - eligible to enter into another remediation plan - under subparagraph (C) for a period of 5 years. - (iii) Waiver.--The head of an executive - agency may waive the requirement under - subparagraph (A) with respect to a contractor - or subcontractor if the head of an executive - agency determines that-- - (I) there are no significant - national security concerns regarding - counterfeiting, quality, or - unauthorized access created by - accepting printed circuit boards under - such waiver; and - (II) the contractor is otherwise in - compliance with all cybersecurity - requirements applicable to such - contractor under Federal laws or - regulations. - (iv) Availability exception.--Subparagraph - (A) shall not apply to the extent that the head - of an executive agency determines that printed - circuit boards of satisfactory quality and - sufficient quantity, in the required form, - cannot be procured as and when needed from - entities that are not covered foreign entities. - (4) Waiver.--The head of an executive agency may waive the - prohibition under paragraph (1), except with respect to a - contract to procure printed circuit boards for use in covered - unmanned aircraft or commercial off-the-shelf drones, on a - case-by-case basis with the approval of the Secretary of - Homeland Security or the Secretary of Defense and notification - to Congress. - (5) Component prohibition applicability.--Except as - otherwise provided in this subsection, the prohibition under - paragraph (1) regarding components of commercial off-the-shelf - drones or covered unmanned aircraft shall apply only to - contracts for the procurement of such components that are - entered into on or after the date that is 2 years after the - date of the enactment of this Act. - (b) Prohibition on Operation.-- - (1) Prohibition.-- - (A) In general.--Beginning not later than 180 days - after the date of the enactment of this Act, the head - of an executive agency may not operate a commercial - off-the-shelf drone or covered unmanned aircraft - manufactured or assembled by a covered foreign entity. - (B) Phase-in period for existing contracts.--The - prohibition under subparagraph (A) shall not apply, - during the 1-year period beginning on the date of the - enactment of this Act, to commercial off-the-shelf - drones and covered unmanned aircraft procured through a - contract entered into before the date of the enactment - of this Act. - (2) Exemption.--The Secretary of Homeland Security and the - Secretary of Defense are exempt from the restriction under - paragraph (1) if the operation-- - (A) is for the purposes of training, testing, or - analysis for-- - (i) counter-UAS system surrogate - intelligence; - (ii) electronic warfare; or - (iii) information warfare operations; and - (B) is required in the national interest of the - United States. - (3) Waiver.--The head of an executive agency may waive the - prohibition under paragraph (1) on a case-by-case basis with - the approval of the Secretary of Homeland Security or the - Secretary of Defense and notification to Congress. - (4) Regulations.--Not later than 180 days after the date of - the enactment of this Act, the Director of the Office of - Management and Budget, in coordination with the Secretary of - Homeland Security, Secretary of Transportation, the Attorney - General, and such other Federal departments and agencies as - determined by the Director of the Office of Management and - Budget, and in consultation with the Under Secretary of - Commerce for Standards and Technology, shall establish a - Governmentwide policy for the operation of UASs for non- - Department of Defense and non-intelligence community - operations. - (c) Prohibition on Use of Federal Funds.--The requirements -described in subsection (a) shall apply with respect to the use of -Federal funds awarded through a contract, grant, or cooperative -agreement, or made available to a State or local government, or any -subdivision thereof. - (d) Comptroller General Report.--Not later than 90 days after the -date of the enactment of this Act, the Comptroller General of the -United States shall submit to Congress a report on the quantity of -commercial off-the-shelf drones and covered unmanned aircraft procured -by Federal departments and agencies from covered foreign entities. - (e) Interaction With Other Law.--Section 848 of the National -Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2302 note) -does not apply with respect to a commercial off-the-shelf drone or -covered unmanned aircraft, or any component thereof intended for use in -such a drone or unmanned aircraft, to which the provisions of this Act -apply. - (f) Definitions.--In this section: - (1) Commercial off-the-shelf drone.--The term ``commercial - off-the-shelf drone'' means a covered unmanned aircraft that is - a commercially available off-the-shelf item (as defined in - section 104 of title 41, United States Code). - (2) Covered foreign entity.--The term ``covered foreign - entity'' means-- - (A) a covered entity (as determined by the - Secretary of Commerce); - (B) any entity that is subject to extrajudicial - direction from a foreign government, as determined by - the Director of National Intelligence; - (C) any entity the Secretary of Homeland Security, - in coordination with the Director of National - Intelligence, the Secretary of Defense, and the - Secretary of State, determines poses a national - security risk; - (D) any entity subject to influence or control by - the Government of the People Republic of China or the - Communist Party of the People's Republic of China, as - determined by the Secretary of Homeland Security; and - (E) any subsidiary or affiliate of an entity - described in subparagraphs (A) through (D). - (3) Covered unmanned aircraft.--The term ``covered unmanned - aircraft'' means an unmanned aircraft or unmanned aircraft - system as such terms are defined, respectively, in section - 44801 of title 49, United States Code. - (4) Executive agency.--The term ``executive agency'' has - the meaning given such term in section 105 of title 5, United - States Code. - (5) Intelligence community.--The term ``intelligence - community'' has the meaning given such term in section 3 of the - National Security Act of 1947 (50 U.S.C. 3003). - (6) UAS.--The term ``UAS'' has the meaning given the term - ``unmanned aircraft system'' in section 44801 of title 49, - United States Code. - -SEC. 830C. SENSE OF CONGRESS ON GAPS OR VULNERABILITIES IN THE NATIONAL - TECHNOLOGY AND INDUSTRIAL BASE. - - It is the sense of Congress that in preparing the annual report -required by section 2504 of title 10, United States Code, the Secretary -of Defense shall include the following: - (1) An assessment of gaps or vulnerabilities in the - national technology and industrial base (as defined in section - 2500 of title 10, United States Code) with respect to - intellectual property theft as related to the development and - long-term sustainability of defense technologies. - (2) The extent to which, if any, foreign adversaries engage - in operations to exploit such gaps or vulnerabilities. - (3) Recommendations to mitigate or address any such gaps or - vulnerabilities identified by the Secretary. - (4) Any other matters the Secretary of Defense determines - should be included. - -SEC. 830D. REPORT ON PARTNERSHIPS FOR RARE EARTH MATERIAL SUPPLY CHAIN - SECURITY. + SEC. 849. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS + SOURCING AND INDUSTRIAL CAPACITY. + (a) Analysis Required.-- + (1) In general.--The Secretary of Defense, acting through the + Undersecretary of Defense for Acquisition and Sustainment and other + appropriate officials, shall review the items under subsection (c) + to determine and develop appropriate actions, consistent with the + policies, programs, and activities required under chapter 148 of + title 10, United States Code, chapter 83 of title 41, United States + Code, and the Defense Production Act of 1950 (50 U.S.C. 4501 et + seq.), including-- + (A) restricting procurement, with appropriate waivers for + cost, emergency requirements, and non-availability of + suppliers, including restricting procurement to-- + (i) suppliers in the United States; + (ii) suppliers in the national technology and + industrial base (as defined in section 2500 of title 10, + United States Code); + (iii) suppliers in other allied nations; or + (iv) other suppliers; + (B) increasing investment through use of research and + development or procurement activities and acquisition + authorities to-- + (i) expand production capacity; + (ii) diversify sources of supply; or + (iii) promote alternative approaches for addressing + military requirements; + (C) prohibiting procurement from selected sources or + nations; + (D) taking a combination of actions described under + subparagraphs (A),(B), and (C); or + (E) taking no action. + (2) Considerations.--The analyses conducted pursuant to + paragraph (1) shall consider national security, economic, and + treaty implications, as well as impacts on current and potential + suppliers of goods and services. + (b) Reporting on Analyses, Recommendations, and Actions.-- + (1) Interim brief.--Not later than January 15, 2022, the + Secretary of Defense shall submit to the congressional defense + committees-- + (A) a summary of the findings of the analyses undertaken + for each item pursuant to subsection (a); + (B) relevant recommendations resulting from the analyses; + and + (C) descriptions of specific activities undertaken as a + result of the analyses, including schedule and resources + allocated for any planned actions. + (2) Reporting.--The Secretary of Defense shall include the + analyses conducted under subsection (a), and any relevant + recommendations and descriptions of activities resulting from such + analyses, as appropriate, in each of the following submitted during + the 2022 calendar year: + (A) The annual report to Congress required under section + 2504 of title 10, United States Code. + (B) The annual report on unfunded priorities of the + national technology and industrial base required under section + 2504a of such title. + (C) Department of Defense technology and industrial base + policy guidance prescribed under section 2506 of such title. + (D) Activities to modernize acquisition processes to ensure + integrity of industrial base pursuant to section 2509 of such + title. + (E) Defense memoranda of understanding and related + agreements considered in accordance with section 2531 of such + title. + (F) Industrial base or acquisition policy changes. + (G) Legislative proposals for changes to relevant statutes + which the Department shall consider, develop, and submit to the + Committees on Armed Services of the Senate and House of + Representatives not less frequently than once per fiscal year. + (H) Quarterly briefings on the national technology and + industrial base required under section 2504 of such title, as + amended by section 842 of this Act. + (I) Other actions as the Secretary of Defense determines + appropriate. + (c) List of High Priority Goods and Services for Analyses, +Recommendations, and Actions.--The items described in this subsection +are the following: + (1) Goods and services covered under existing restrictions, + where a waiver, exception, or domestic non-availability + determination has been applied. + (2) Printed circuit boards and other electronics components, + consistent with the requirements of other provisions of this Act. + (3) Pharmaceuticals, including active pharmaceutical + ingredients. + (4) Medical devices. + (5) Therapeutics. + (6) Vaccines. + (7) Diagnostic medical equipment and consumables, including + reagents and swabs. + (8) Ventilators and related products. + (9) Personal protective equipment. + (10) Strategic and critical materials, including rare earth + materials. + (11) Natural or synthetic graphite. + (12) Coal-based rayon carbon fibers. + (13) Aluminum and aluminum alloys. + SEC. 850. IMPLEMENTATION OF RECOMMENDATIONS FOR ASSESSING AND + STRENGTHENING THE MANUFACTURING AND DEFENSE INDUSTRIAL BASE AND + SUPPLY CHAIN RESILIENCY. + (a) Submission of Recommendations to Secretary of Defense.--In +order to fully implement the recommendations of the report of the +Interagency Task Force (established by the Department of Defense +pursuant to section 2 of Executive Order 13806 (82 Fed. Reg. 34597; +July 21, 2017)) titled ``Assessing and Strengthening the Manufacturing +and Defense Industrial Base and Supply Chain Resiliency of the United +States: Report to President Donald J. Trump by the Interagency Task +Force in Fulfillment of Executive Order 13806'' (September 2018), not +later than 540 days after the date of the enactment of this Act, the +Under Secretary of Defense for Acquisition and Sustainment shall submit +to the Secretary of Defense additional recommendations regarding United +States industrial policies. The additional recommendations shall +consist of specific executive actions, programmatic changes, regulatory +changes, and legislative proposals and changes, as appropriate. + (b) Scope of Assessment.--In developing the additional +recommendations required under subsection (a), the Under Secretary +shall-- + (1) assess the macro forces and risk archetypes identified in + the report of the Interagency Task Force described in subsection + (a); + (2) evaluate the success of responsive actions undertaken; and + (3) identify any such recommendations that may require new + legislative authorities. + (c) Objectives.--The additional recommendations made pursuant to +subsection (a) shall-- + (1) aim to expand the defense industrial base to leverage + contributions and capabilities of allies and partner countries; + (2) identify and preserve the viability of domestic and trusted + international suppliers; and + (3) strengthen the domestic industrial base, especially in + areas subject to the risk archetypes identified in the report of + the Interagency Task Force described in subsection (a). + (d) Consultation.--In developing the additional recommendations +required under subsection (a), the Under Secretary may engage through +appropriate mechanisms with-- + (1) the Defense Science Board; + (2) the Defense Innovation Board; + (3) the Defense Business Board; + (4) entities representing industry interests; and + (5) entities representing labor interests. + (e) Submission of Recommendations to President.--Not later than 30 +days after receiving the additional recommendations required under +subsection (a), the Secretary of Defense shall submit such +recommendations, together with any supplementary views or +recommendations, to the President, the Director of the Office of +Management and Budget, the Assistant to the President for National +Security Affairs, and the Director of the National Economic Council. + (f) Submission of Recommendations to Congress.--Not later than 30 +days after submitting the recommendations under subsection (e), the +Secretary of Defense shall submit to and brief the congressional +defense committees on such recommendations. + SEC. 851. REPORT ON STRATEGIC AND CRITICAL MATERIALS. + (a) Report Required.--The Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives an appendix to the annual report required in section +2504 of title 10, United States Code, due on March 1, 2021, describing +strategic and critical materials, including the gaps and +vulnerabilities in supply chains of such materials. + (b) Elements.--The Secretary of Defense shall include in the +appendix required in subsection (a) the following: + (1) An identification of the strategic and critical materials + that are currently used by the Department of Defense. + (2) To the extent practicable, an identification of the overall + annual tonnage of each strategic or critical material identified + pursuant to paragraph (1) that was used by the Department during + the 10-year period ending on December 31, 2020. + (3) An identification of domestic and international sources for + the strategic and critical materials identified pursuant to + paragraph (1). + (4) An identification of risks relating to access to the + strategic and critical materials identified pursuant to paragraph + (1) from supply chain disruptions due to geopolitical, economic, + and other vulnerabilities. + (5) An evaluation of the benefits of a robust domestic supply + chain for providing strategic and critical materials, as needed, to + manufacturers in the defense industrial base. + (6) An evaluation of the effects of the use of waivers by the + Strategic Materials Protection Board established under section 187 + of title 10, United States Code, on the domestic supply of + strategic and critical materials. + (7) Recommendations for policies and procedures to ensure a + capability within the Department of Defense to secure strategic and + critical materials necessary for emerging technologies, as well as + antimicrobial products, minerals, and metals for use in medical + equipment and other technologies. + (8) An identification of improvements required to the National + Defense Stockpile in order to ensure the Secretary of Defense has + access to the strategic and critical materials identified pursuant + to paragraph (1). + (9) An evaluation of the domestic processing and manufacturing + capacity needed to supply the strategic and critical materials + identified pursuant to paragraph (1) to the Secretary of Defense in + an economic and secure manner. + (10) In consultation with the Director of the United States + Geological Survey, an identification of domestic locations with + existing commercial manufacturing interest that are already + verified to contain large supplies of the strategic and critical + materials identified pursuant to paragraph (1). + (11) An assessment of the feasibility of partnerships with + institutions of higher education (as defined in section 101 of the + Higher Education Act of 1965 (20 U.S.C. 1001)) that receive grants + for the purpose of enhancing the security and stability of the + supply chain for strategic and critical materials for the National + Defense Stockpile, including an identification of barriers to such + partnerships and recommendations for improving such partnerships. + (12) Any other matter relating to strategic and critical + materials that the Secretary considers appropriate. + (c) Form.--The appendix required in subsection (a) shall be +submitted in unclassified form, but may include a classified annex. + (d) Strategic and Critical Materials Defined.--In this section, the +term ``strategic and critical materials'' means materials, including +rare earth elements, that are necessary to meet national defense and +national security requirements, including requirements relating to +supply chain resiliency, and for the economic security of the United +States. + SEC. 852. REPORT ON ALUMINUM REFINING, PROCESSING, AND + MANUFACTURING. + (a) In General.--In preparing the annual report required under +section 2504 of title 10, United States Code, due on March 1, 2022, the +Secretary of Defense shall include as an appendix to such report +information on-- + (1) how authorities under the Defense Production Act of 1950 + (50 U.S.C. 4501 et seq.) could be used to provide incentives to + increase activities relating to refining aluminum and the + development of processing and manufacturing capabilities for + aluminum; and + (2) whether a new initiative would further the development of + such processing and manufacturing capabilities for aluminum. + (b) Submission.--Not later than March 1, 2022, the Secretary of +Defense shall submit to the Committee on Financial Services of the +House of Representatives and the Committee on Banking, Housing, and +Urban Affairs of the Senate the appendix described in subsection (a). - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to Congress a report that-- - (1) assesses the ability of the Department of Defense to - facilitate partnerships with institutions of higher education - (as defined in section 101 of the Higher Education Act of 1965 - (20 U.S.C. 1001)) that receive grants for the purpose of - enhancing the security and stability of supply chain for - domestic rare earth materials for the National Defense - Stockpile; and - (2) identifies barriers to such partnerships; and - (3) provides recommendations as to how the Secretary of - Defense may improve these partnerships. - - Subtitle D--Small Business Matters - -SEC. 831. TRANSFER OF VERIFICATION OF SMALL BUSINESS CONCERNS OWNED AND - CONTROLLED BY VETERANS OR SERVICE-DISABLED VETERANS TO - THE SMALL BUSINESS ADMINISTRATION. + Subtitle E--Small Business Matters + SEC. 861. INITIATIVES TO SUPPORT SMALL BUSINESSES IN THE NATIONAL + TECHNOLOGY AND INDUSTRIAL BASE. + (a) In General.--The Secretary of Defense, acting through the +Assistant Secretary of Defense for Industrial Base Policy (established +under section 903 of this Act) and other appropriate officials, in +carrying out the activities described under subchapter II of chapter +148 of title 10, United States Code, shall establish initiatives to +increase the effectiveness of the Department of Defense in specifically +leveraging small businesses to eliminate gaps and vulnerabilities in +the national technology and industrial base (as defined in section 2500 +of title 10, United States Code) and expand the number of small +businesses in the national technology and industrial base. + (b) Initiatives.-- + (1) Updates for small business strategy.--Not later than + October 1, 2022, and biennially thereafter, shall update the small + business strategy required under section 2283 of title 10, United + States Code, and provide such updated strategy to the congressional + defense committees. + (2) Implementation plan.-- + (A) In general.--Not later than March 1, 2023, and + biennially thereafter, the Secretary of Defense shall develop + an implementation plan consistent with the most recent small + business strategy developed under such section 2283, and + provide such plan to the congressional defense committees. + (B) Elements.--The implementation plan described in + subparagraph (A) shall include an identification of the + following: + (i) Organizations responsible for implementation + activities. + (ii) Metrics to evaluate progress of implementation + activities. + (iii) Resources to support implementation activities. + (iv) Outcomes achieved as a result of executing the + previous small business strategy developed under such + section 2283. + (3) Mechanisms to assess and support small businesses in + national technology and industrial base.--The Secretary of Defense + shall-- + (A) establish policies, procedures, and information + repositories to identify small businesses in the defense supply + chain, including-- + (i) small businesses participating in an acquisition + program of a military department or Defense Agency (as + defined in section 101(11) of title 10, United States + Code); + (ii) small businesses contracting with the Defense + Logistics Agency; and + (iii) other small businesses in the national technology + and industrial base; + (B) establish policies and procedures to assess the + financial status of critical small businesses; and + (C) enter into an agreement with the acquisition research + organization within a civilian college or university that is + described under section 2361a(a) of title 10, United States + Code (commonly referred to as the ``Acquisition Innovation + Research Center''), to analyze mechanisms that could be + established to allow the Secretary of Defense to provide direct + financial support to critical small businesses that require + additional financial assistance, including critical small + businesses that are-- + (i) contracting with the Defense Logistics Agency; + (ii) subcontractors (at any tier); or + (iii) in critical technology sectors. + (c) Reports.-- + (1) Report on activities.--Not later than October 1, 2021, the + Assistant Secretary of Defense for Industrial Base Policy shall + submit to the appropriate committees a report on activities + undertaken pursuant to this section. + (2) Implementation plan for 2019 small business strategy.--Not + later than June 1, 2021, the Secretary of Defense shall submit an + implementation plan for the small business strategy required under + section 2283 of title 10, United States Code, and dated October 1, + 2019, including an identification of specific responsible + individuals and organizations, milestones and metrics, and + resources to support activities identified in the implementation + plan. + (d) Small Business Defined.--In this section, the term ``small +business'' has the meaning given by the Secretary of Defense, except +that such term shall include prime contractors and subcontractors (at +any tier). + SEC. 862. TRANSFER OF VERIFICATION OF SMALL BUSINESS CONCERNS OWNED + AND CONTROLLED BY VETERANS OR SERVICE-DISABLED VETERANS TO THE + SMALL BUSINESS ADMINISTRATION. (a) Transfer Date.--For purposes of this section, the term ``transfer date'' means the date that is 2 years after the date of -enactment of this section, except that such date may be extended an -unlimited number of times by a period of not more than 6 months if the -Administrator of the Small Business Administration and the Secretary of -Veterans Affairs jointly issue a notice to Congress and the Law -Revision Counsel of the House of Representatives containing-- - (1) a certification that such extension is necessary; - (2) the rationale for and the length of such extension; and - (3) a plan to comply with the requirements of this section - within the timeframe of the extension. - (b) Amendment to and Transfer of Veteran-Owned and Service-Disabled -Veteran-Owned Business Database.-- - (1) Amendment of veteran-owned and service-disabled - veteran-owned business database.--Effective on the transfer - date, section 8127 of title 38, United States Code, is - amended-- - (A) in subsection (e)-- - (i) by striking ``the Secretary'' and - inserting ``the Administrator''; and - (ii) by striking ``subsection (f)'' and - inserting ``section 36 of the Small Business - Act''; - (B) in subsection (f)-- - (i) by striking ``the Secretary'' each - place such term appears, other than in the last - place such term appears under paragraph (2)(A), - and inserting ``the Administrator''; - (ii) in paragraph (1), by striking ``small - business concerns owned and controlled by - veterans with service-connected disabilities'' - each place such term appears and inserting - ``small business concerns owned and controlled - by service-disabled veterans''; - (iii) in paragraph (2)-- - (I) in subparagraph (A), by - striking ``to access'' and inserting - ``to obtain from the Secretary of - Veterans Affairs''; and - (II) by striking subparagraph (B) - and inserting the following: +enactment of this Act. + (b) Amendment to and Transfer of Veteran-owned and Service-disabled +Veteran-owned Business Database.-- + (1) Amendment of veteran-owned and service-disabled veteran- + owned business database.--Effective on the transfer date, section + 8127 of title 38, United States Code, is amended-- + (A) in subsection (e), by striking ``the Secretary under + subsection (f)'' and inserting ``the Administrator under + section 36 of the Small Business Act''; + (B) in subsection (f)-- + (i) by striking ``the Secretary'' each place it + appears, except in the last place it appears in paragraph + (2)(A), and inserting ``the Administrator''; + (ii) in paragraph (1), by striking ``small business + concerns owned and controlled by veterans with service- + connected disabilities'' and inserting ``small business + concerns owned and controlled by service-disabled + veterans''; + (iii) in paragraph (2)-- + + (I) in subparagraph (A)-- + + (aa) by striking ``to access'' and inserting + ``to obtain from the Secretary of Veterans + Affairs''; and + (bb) by inserting ``, United States Code,'' + after ``title 5''; and + + (II) by striking subparagraph (B) and inserting the + following: + ``(B) For purposes of this subsection-- - ``(i) the Secretary of Veterans Affairs shall-- - ``(I) verify an individual's status as a veteran or - a service-disabled veteran; and - ``(II) establish a system to permit the - Administrator to access, but not alter, such - verification; and - ``(ii) the Administrator shall verify-- - ``(I) the status of a business concern as a small - business concern; and - ``(II) the ownership and control of such business - concern. + ``(i) the Secretary of Veterans Affairs shall-- + ``(I) verify an individual's status as a veteran or a + service-disabled veteran; and + ``(II) establish a system to permit the Administrator to + access, but not alter, the verification of such status; and + ``(ii) the Administrator shall verify-- + ``(I) the status of a business concern as a small business + concern; and + ``(II) the ownership and control of such business concern. ``(C) The Administrator may not certify a concern under subsection (b) or section 36A if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph (B)(i)(I).''; - (iv) by striking paragraphs (4) and (7); - (v) by redesignating paragraphs (5) and (6) - as paragraphs (4) and (5), respectively, and - redesignating paragraph (8) as paragraph (6); - (vi) in paragraph (4), as so redesignated, - by striking ``The Secretary'' and inserting - ``The Administrator''; and - (vii) in paragraph (6), as so - redesignated-- - (I) in subparagraph (A)-- - (aa) by striking ``verify - the status of the concern as a - small business concern or the - ownership or control of the - concern'' and inserting - ``certify the status of the - concern as a small business - concern owned and controlled by - veterans (under section 36A) or - a small business concern owned - and controlled by service- - disabled veterans (under - section 36(g))''; and - (bb) by striking - ``verification'' and inserting - ``certification''; - (II) in subparagraph (B)-- - (aa) in clause (i), by - striking ``small business - concern owned and controlled by - veterans with service-connected - disabilities'' and inserting - ``small business concern owned - and controlled by service- - disabled veterans''; and - (bb) in clause (ii)-- - - (AA) by amending - subclause (I) to read - as follows: - - ``(I) the Secretary of Veterans Affairs or the - Administrator; or''; and - - (BB) in subclause - (II), by striking ``the - contracting officer of - the Department'' and - inserting ``the - applicable contracting - officer''; and - - (III) by striking subparagraph (C); - (C) by redesignating subsection (k) (relating to - definitions) as subsection (l); - (D) by inserting after subsection (j) (relating to - annual reports) the following: + (iv) in paragraph (3), by striking ``such veterans'' + and inserting ``a veteran described in paragraph (1)''; + (v) by striking paragraphs (4) and (7); + (vi) by redesignating paragraphs (5) and (6) as + paragraphs (4) and (5), respectively, and redesignating + paragraph (8) as paragraph (6); + (vii) in paragraph (4), as so redesignated, by striking + ``The Secretary'' and inserting ``The Administrator''; and + (viii) in paragraph (6), as so redesignated-- + + (I) in subparagraph (A)-- + + (aa) by striking ``verify the status of the + concern as a small business concern or the + ownership or control of the concern'' and inserting + ``certify the status of the concern as a small + business concern owned and controlled by veterans + (under section 36A) or a small business concern + owned and controlled by service-disabled veterans + (under subsection (g) of this section)''; + (bb) by striking ``verification'' and inserting + ``certification''; and + (cc) by striking ``the Small Business + Administration (as established under section 5(i) + of the Small Business Act)'' and inserting ``the + Administration (as established under section + 5(i))''; + + (II) in subparagraph (B)-- + + (aa) in clause (i)-- + (AA) by striking ``small business concern + owned and controlled by veterans with service- + connected disabilities'' and inserting ``small + business concern owned and controlled by + service-disabled veterans''; and + (BB) by striking ``of the Small Business + Administration''; and + (bb) in clause (ii)-- + (AA) by amending subclause (I) to read as + follows: + ``(I) the Secretary of Veterans Affairs or the + Administrator; or''; and + (BB) in subclause (II), by striking ``the + contracting officer of the Department'' and + inserting ``the applicable contracting + officer''; and + + (III) by striking subparagraph (C); + + (C) by redesignating subsections (k) (relating to + limitations on subcontracting) and (l) (relating to + definitions) as subsections (l) and (m), respectively; + (D) by inserting after subsection (j) (relating to annual + reports) the following new subsection: ``(k) Annual Transfer for Certification Costs.--For each fiscal year, the Secretary of Veterans Affairs shall reimburse the Administrator in an amount necessary to cover any cost incurred by the @@ -20364,63 +21877,70 @@ the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget.''; and - (E) subsection (l) (relating to definitions), as so - redesignated, by adding at the end the following: - ``(4) The term Administrator means the Administrator of the - Small Business Administration.''. - (2) Transfer of requirements relating to database to the - small business act.--Effective on the transfer date, subsection - (f) of section 8127 of title 38, United States Code (as amended - by paragraph (1)), is transferred to section 36 of the Small - Business Act (15 U.S.C. 657f), inserted so as to appear after - subsection (e). - (3) Conforming amendments.--The following amendments shall - take effect on the transfer date: - (A) Small business act.--Section 3(q)(2)(C)(i)(III) - of the Small Business Act (15 U.S.C. - 632(q)(2)(C)(i)(III)) is amended by striking ``section - 8127(f) of title 38, United States Code'' and inserting - ``section 36''. - (B) Title 38.--Section 8128 of title 38, United - States Code, is amended by striking ``section 8127(f) - of this title'' and inserting ``section 36 of the Small - Business Act''. + (E) in subsection (m) (relating to definitions), as so + redesignated-- + (i) by redesignating paragraphs (1), (2), and (3) as + paragraphs (2), (3), and (4), respectively; and + (ii) by inserting before paragraph (2), as so + redesignated, the following new paragraph: + ``(1) The term `Administrator' means the Administrator of the + Small Business Administration.''. + (2) Transfer of requirements relating to database to the small + business act.--Effective on the transfer date, subsection (f) of + section 8127 of title 38, United States Code (as amended by + paragraph (1)), is transferred to section 36 of the Small Business + Act (15 U.S.C. 657f), and inserted so as to appear after subsection + (e). + (3) Conforming amendments.--The following amendments shall take + effect on the transfer date: + (A) Small business act.--Section 3(q)(2)(C)(i)(III) of the + Small Business Act (15 U.S.C. 632(q)(2)(C)(i)(III)) is amended + by striking ``section 8127(f) of title 38, United States Code'' + and inserting ``section 36''. + (B) Title 38.--Section 8128 of title 38, United States + Code, is amended by striking ``maintained by the Secretary + under section 8127(f) of this title'' and inserting + ``maintained by the Administrator of the Small Business + Administration under section 36 of the Small Business Act''. (c) Additional Requirements for Database.-- - (1) Administration access to database before the transfer - date.--During the period between the date of the enactment of - this section and the transfer date, the Secretary of Veterans - Affairs shall provide the Administrator of the Small Business - Administration with access to the contents of the database + (1) Administrator access to database before the transfer + date.--During the period between the date of the enactment of this + Act and the transfer date, the Secretary of Veterans Affairs shall + provide the Administrator of the Small Business Administration with + access to the contents of the database described under section + 8127(f) of title 38, United States Code. + (2) Rule of construction.--Nothing in this section or the + amendments made by this section may be construed-- + (A) as prohibiting the Administrator of the Small Business + Administration from combining the contents of the database described under section 8127(f) of title 38, United States - Code. - (2) Rule of construction.--Nothing in this section or the - amendments made by this section may be construed-- - (A) as prohibiting the Administrator of the Small - Business Administration from combining the contents of - the database described under section 8127(f) of title - 38, United States Code, with other databases maintained - by the Administration; or - (B) as requiring the Administrator to use any - system or technology related to the database described - under section 8127(f) of title 38, United States Code, - on or after the transfer date to comply with the - requirement to maintain a database under subsection (f) - of section 36 of the Small Business Act (as transferred - pursuant to subsection (b)(2) of this section). - (3) Recognition of the issuance of joint regulations.--The - date specified under section 1832(e) of the National Defense - Authorization Act for Fiscal Year 2017 (15 U.S.C. 632 note) - shall be deemed to be October 1, 2018. + Code, with other databases maintained by the Administration; or + (B) as requiring the Administrator to use any system or + technology related to the database described under section + 8127(f) of title 38, United States Code, on or after the + transfer date to comply with the requirement to maintain a + database under subsection (f) of section 36 of the Small + Business Act (as transferred pursuant to subsection (b)(2) of + this section). + (3) Recognition of the issuance of joint regulations.--The date + specified under section 1832(e) of the National Defense + Authorization Act for Fiscal Year 2017 (15 U.S.C. 632 note) shall + be deemed to be October 1, 2018. (d) Procurement Program for Small Business Concerns Owned and -Controlled by Service-Disabled Veterans.-- - (1) Procurement program for small business concerns owned - and controlled by service-disabled veterans.--Section 36 of the - Small Business Act (15 U.S.C. 657f) is amended-- - (A) by striking subsections (d) and (e); - (B) by redesignating subsections (a), (b), and (c) - as subsections (c), (d), and (e) respectively; - (C) by inserting before subsection (c), as so - redesignated, the following: +Controlled by Service-disabled Veterans.-- + (1) Procurement program for small business concerns owned and + controlled by service-disabled veterans.--Section 36 of the Small + Business Act (15 U.S.C. 657f) is amended-- + (A) by redesignating subsection (d) as paragraph (3), + adjusting the margin accordingly, and transferring such + paragraph to subsection (h) of such section, as added by + subparagraph (F) of this paragraph, so as to appear after + paragraph (2); + (B) by striking subsection (e); + (C) by redesignating subsections (a), (b), and (c) as + subsections (c), (d), and (e) respectively; + (D) by inserting before subsection (c), as so redesignated, + the following new subsections: ``(a) Contracting Officer Defined.--For purposes of this section, the term `contracting officer' has the meaning given such term in section 2101 of title 41, United States Code. @@ -20428,19 +21948,13 @@ section 2101 of title 41, United States Code. by Service-Disabled Veterans.--With respect to a procurement program or preference established under this Act that applies to prime contractors, the Administrator shall-- - ``(1) certify the status of the concern as a `small - business concern owned and controlled by service-disabled - veterans'; and - ``(2) require the periodic recertification of such - status.''; - (D) in subsection (d), as so redesignated, by - striking ``and that the award can be made at a fair - market price'' and inserting ``, that the award can be - made at a fair market price, and if each concern is - certified by the Administrator as a small business - concern owned and controlled by service-disabled - veterans''; and - (E) by adding at the end the following: + ``(1) certify the status of a concern as a small business + concern owned and controlled by service-disabled veterans; and + ``(2) require the periodic recertification of such status.''; + (E) in subsection (d), as so redesignated, by inserting + ``certified under subsection (b)'' before ``if the contracting + officer''; + (F) by adding at the end the following new subsections: ``(g) Certification Requirement.--Notwithstanding subsection (c), a contracting officer may only award a sole source contract to a small business concern owned and controlled by service-disabled veterans or a @@ -20449,1500 +21963,1176 @@ concerns owned and controlled by service-disabled veterans if such a concern is certified by the Administrator as a small business concern owned and controlled by service-disabled veterans. ``(h) Enforcement; Penalties.-- - ``(1) Verification of eligibility.--In carrying out this - section, the Administrator shall establish procedures relating - to-- - ``(A) the filing, investigation, and disposition by - the Administration of any challenge to the eligibility - of a small business concern to receive assistance under - this section (including a challenge, filed by an - interested party, relating to the veracity of a - certification made or information provided to the - Administration by a small business concern under - subsection (b)); and - ``(B) verification by the Administrator of the - accuracy of any certification made or information - provided to the Administration by a small business - concern under subsection (b). - ``(2) Examinations.-- - ``(A) Examination of applicants.--The procedures - established under paragraph (1) shall provide for a - program of examinations by the Administrator of any - small business concern making a certification or - providing information to the Administrator under - subsection (b), to determine the veracity of any - statements or information provided as part of such - certification or otherwise provided under subsection - (b). - ``(B) Examination of certified concerns.--The - procedures established under paragraph (1) shall - provide for the examination of risk-based samples of - small business concerns certified under subsection (b), - or of any small business concern that the Administrator - believes poses a particular risk or with respect to - which the Administrator receives specific and credible - information alleging that the small business concern no - longer meets eligibility requirements to be certified - as a small business concern owned and controlled by - service-disabled veterans. - ``(3) Penalties.--In addition to the penalties described in - section 16(d), any small business concern that is determined by - the Administrator to have misrepresented the status of that - concern as a small business concern owned and controlled by - service-disabled veterans for purposes of subsection (b), shall - be subject to-- - ``(A) section 1001 of title 18, United States Code; - ``(B) sections 3729 through 3733 of title 31, - United States Code; and - ``(C) section 8127(g) of title 38, United States - Code. + ``(1) Verification of eligibility.--In carrying out this + section, the Administrator shall establish procedures relating to-- + ``(A) the filing, investigation, and disposition by the + Administration of any challenge to the eligibility of a small + business concern to receive assistance under this section + (including a challenge, filed by an interested party, relating + to the veracity of a certification made or information provided + to the Administration by a small business concern under + subsection (b)); and + ``(B) verification by the Administrator of the accuracy of + any certification made or information provided to the + Administration by a small business concern under subsection + (b). + ``(2) Examinations.--The procedures established under paragraph + (1) shall provide for a program of examinations by the + Administrator of any small business concern making a certification + or providing information to the Administrator under subsection (b), + to determine the veracity of any statements or information provided + as part of such certification or otherwise provided under + subsection (b). ``(i) Provision of Data.--Upon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out subsection (b) or to be able to certify the status of the concern as a small business concern owned and controlled -by veterans under section 36A.''. - (2) Penalties for misrepresentation.--Section 16 of the - Small Business Act (15 U.S.C. 645) is amended-- - (A) in subsection (d)(1)-- - (i) by striking ``, a'' and inserting ``, a - `small business concern owned and controlled by - service-disabled veterans', a `small business - concern owned and controlled by veterans', a''; - and - (ii) in paragraph (A), by striking ``9, 15, - or 31'' and inserting ``8, 9, 15, 31, 36, or - 36A''; and - (B) in subsection (e), by striking ``, a'' and - inserting ``, a `small business concern owned and - controlled by service-disabled veterans', a `small - business concern owned and controlled by veterans', - a''. +by veterans under section 36A.''; and + (G) in paragraph (3) of subsection (h), as redesignated and + transferred by subparagraph (A) of this paragraph, by inserting + ``and section 36A'' before the period at the end. + (2) Penalties for misrepresentation.--Section 16 of the Small + Business Act (15 U.S.C. 645) is amended-- + (A) in subsection (d)(1)-- + (i) in the matter preceding subparagraph (A)-- + + (I) by striking the comma that immediately follows + another comma; and + (II) by striking ``, a `small'' and inserting ``, a + `small business concern owned and controlled by + service-disabled veterans', a `small business concern + owned and controlled by veterans', a `small''; and + + (ii) in subparagraph (A), by striking ``9, 15, or 31'' + and inserting ``8, 9, 15, 31, 36, or 36A''; and + (B) in subsection (e)-- + (i) by striking the comma that immediately follows + another comma; and + (ii) by striking ``, a `small'' and inserting ``, a + `small business concern owned and controlled by service- + disabled veterans', a `small business concern owned and + controlled by veterans', a `small''. (e) Certification for Small Business Concerns Owned and Controlled by Veterans.--The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 36 the following new section: - -``SEC. 36A. CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED AND - CONTROLLED BY VETERANS. - + ``SEC. 36A. CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED AND + CONTROLLED BY VETERANS. ``(a) In General.--With respect to the program established under section 8127 of title 38, United States Code, the Administrator shall-- - ``(1) certify the status of the concern as a `small - business concern owned and controlled by veterans'; and - ``(2) require the periodic recertification of such status. + ``(1) certify the status of a concern as a small business + concern owned and controlled by veterans; and + ``(2) require the periodic recertification of such status. ``(b) Enforcement; Penalties.-- - ``(1) Verification of eligibility.--In carrying out this - section, the Administrator shall establish procedures relating - to-- - ``(A) the filing, investigation, and disposition by - the Administration of any challenge to the eligibility - of a small business concern to receive assistance under - this section (including a challenge, filed by an - interested party, relating to the veracity of a - certification made or information provided to the - Administration by a small business concern under - subsection (a)); and - ``(B) verification by the Administrator of the - accuracy of any certification made or information - provided to the Administration by a small business - concern under subsection (a). - ``(2) Examination of applicants.--The procedures - established under paragraph (1) shall provide for a program of - examinations by the Administrator of any small business concern - making a certification or providing information to the - Administrator under subsection (a), to determine the veracity - of any statements or information provided as part of such - certification or otherwise provided under subsection (a). - ``(3) Penalties.--In addition to the penalties described in - section 16(d), any small business concern that is determined by - the Administrator to have misrepresented the status of that - concern as a small business concern owned and controlled by - veterans for purposes of subsection (a), shall be subject to-- - ``(A) section 1001 of title 18, United States Code; - ``(B) sections 3729 through 3733 of title 31, - United States Code; and - ``(C) section 8127(g) of title 38, United States - Code.''. - (f) Status of Self-Certified Small Business Concerns Owned and -Controlled by Service-Disabled Veterans.-- - (1) In general.--Notwithstanding any other provision of - law, any small business concern that self-certified as a small - business concern owned and controlled by service-disabled - veterans shall-- - (A) if the concern files a certification - application with the Administrator of the Small - Business Administration before the end of the 1-year - period beginning on the transfer date, maintain such - self-certification until the Administrator makes a - determination with respect to such certification; and - (B) if the concern does not file such a - certification application before the end of the 1-year - period beginning on the transfer date, lose, at the end - of such 1-year period, any self-certification of the - concern as a small business concern owned and - controlled by service-disabled veterans. - (2) Non-applicability to department of veterans affairs.-- - Paragraph (1) shall not apply to participation in contracts - (including subcontracts) with the Department of Veterans - Affairs. - (3) Notice.--The Administrator shall notify any small - business concern that self-certified as a small business - concern owned and controlled by service-disabled veterans about - the requirements of this section, including the transfer date - and any extension of such transfer date made pursuant to - subsection (a), and make such notice publicly available, on-- - (A) the date of the enactment of this section; and - (B) the date on which an extension described under - subsection (a) is approved. + ``(1) Verification of eligibility.--In carrying out this + section, the Administrator shall establish procedures relating to-- + ``(A) the filing, investigation, and disposition by the + Administration of any challenge to the eligibility of a small + business concern to receive assistance under section 36 + (including a challenge, filed by an interested party, relating + to the veracity of a certification made or information provided + to the Administration by a small business concern under + subsection (a)); and + ``(B) verification by the Administrator of the accuracy of + any certification made or information provided to the + Administration by a small business concern under subsection + (a). + ``(2) Examination of applicants.--The procedures established + under paragraph (1) shall provide for a program of examinations by + the Administrator of any small business concern making a + certification or providing information to the Administrator under + subsection (a), to determine the veracity of any statements or + information provided as part of such certification or otherwise + provided under subsection (a).''. + (f) Status of Self-certified Small Business Concerns Owned and +Controlled by Service-disabled Veterans.-- + (1) In general.--Notwithstanding any other provision of law, + any small business concern (as defined under section 3 of the Small + Business Act (15 U.S.C. 632)) that self-certified as a small + business concern owned and controlled by service-disabled veterans + (as defined in section 36 of such Act (15 U.S.C. 657f)) shall-- + (A) if the concern files a certification application with + the Administrator of the Small Business Administration before + the end of the 1-year period beginning on the transfer date, + maintain such self-certification until the Administrator makes + a determination with respect to such certification; and + (B) if the concern does not file such a certification + application before the end of the 1-year period beginning on + the transfer date, lose, at the end of such 1-year period, any + self-certification of the concern as a small business concern + owned and controlled by service-disabled veterans. + (2) Non-applicability to department of veterans affairs.-- + Paragraph (1) shall not apply to participation in contracts + (including subcontracts) with the Department of Veterans Affairs. + (3) Notice.--The Administrator shall notify any small business + concern that self-certified as a small business concern owned and + controlled by service-disabled veterans about the requirements of + this section and the amendments made by this section, including the + transfer date, and make such notice publicly available, on the date + of the enactment of this Act. (g) Transfer of the Center for Verification and Evaluation of the Department of Veterans Affairs to the Small Business Administration.-- - (1) Abolishment.--The Center for Verification and - Evaluation of the Department of Veterans Affairs defined under - section 74.1 of title 38, Code of Federal Regulations, is - abolished effective on the transfer date. - (2) Transfer of functions.--All functions that, immediately - before the effective date of this subsection, were functions of - the Center for Verification and Evaluation shall-- - (A) on the date of enactment of this section, be - functions of both the Center for Verification and - Evaluation and the Small Business Administration, - except that the Small Business Administration shall not - have any authority to carry out any verification - functions of the Center for Verification and - Evaluation; and - (B) on the transfer date, be functions of the Small - Business Administration. - (3) Transfer of assets.--So much of the personnel, - property, and records employed, used, held, available, or to be - made available in connection with a function transferred under - this subsection shall be available to the Small Business - Administration at such time or times as the President directs - for use in connection with the functions transferred. - (4) References.--Any reference in any other Federal law, - Executive order, rule, regulation, or delegation of authority, - or any document of or pertaining to a function of the Center - for Verification and Evaluation that is transferred under this - section is deemed, after the transfer date, to refer to the - Small Business Administration. - (h) Report.--Not later than the end of the 1-year period beginning -on the date of the enactment of this section and every 6 months -thereafter until the transfer date, the Administrator of the Small -Business Administration and Secretary of Veterans Affairs shall jointly -issue a report to the Committees on Appropriations, Small Business, and -Veterans' Affairs of the House of Representatives and the Committees on -Appropriations, Small Business and Entrepreneurship, and Veterans' -Affairs of the Senate on the planning for the transfer of functions and -property required under this section and the amendments made by this -section on the transfer date. Such report shall include-- - (1) whether and how the verification database and - operations of the Center for Verification and Evaluation of the - Department of Veterans Affairs will be incorporated into the - existing certification database of the Small Business - Administration; - (2) projections for the numbers and timing, in terms of - fiscal year, of-- - (A) already verified concerns that will come up for - recertification; and - (B) self-certified concerns that are expected to - apply for certification; - (3) an explanation of how outreach to veteran service - organizations, the service-disabled veteran-owned and veteran- - owned small business community, and other stakeholders will be - conducted; and - (4) other pertinent information determined by the - Administrator and the Secretary. - -SEC. 832. EQUITABLE ADJUSTMENTS TO CERTAIN CONSTRUCTION CONTRACTS. - - (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is -amended by inserting after section 15 the following new section: - -``SEC. 15A. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS. - - ``(a) Request for an Equitable Adjustment.--A small business -concern performing a construction contract that was awarded by an -agency may submit a request for an equitable adjustment to the -contracting officer of such agency if the contracting officer directs a -change in the work within the general scope of the contract without the -agreement of the small business concern. Such request shall-- - ``(1) be timely made pursuant to the terms of the contract; - and - ``(2) comply with Federal regulations regarding equitable - adjustments, including specifying additional costs resulting - from such change in the work within the general scope of the - contract. - ``(b) Amount.--Upon receipt of a request for equitable adjustment -under subsection (a), the agency shall provide to the small business -concern an interim partial payment in an amount that is at least 50 -percent of the costs identified in the request for equitable adjustment -under subsection (a)(2). - ``(c) Limitation.--Any interim partial payment made under this -section shall not be deemed to be an action to definitize the request -for an equitable adjustment. - ``(d) Flow-Down of Interim Partial Payment Amounts.--A small -business concern that requests an equitable adjustment under this -section shall pay to a first tier subcontractor or supplier the portion -of the interim partial payment received that is attributable to the -increased costs of performance incurred by the first tier subcontractor -or supplier due to the change in the work within the general scope of -the contract. A subcontractor or supplier at any tier that receives a -portion of an interim partial payment under this section shall pay its -subcontractor or supplier the appropriate portion of such payment.''. - (b) Implementation.--The Administrator of the Small Business -Administration shall implement the requirements of this section not -later than the first day of the first full fiscal year beginning after -the date of the enactment of this Act. - -SEC. 833. EXEMPTION OF CERTAIN CONTRACTS AWARDED TO SMALL BUSINESS - CONCERNS FROM CATEGORY MANAGEMENT REQUIREMENTS. - - (a) In General.--The Small Business Act is amended-- - (1) by redesignating section 49 as section 50; and - (2) by inserting after section 48 the following new - section: - -``SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CATEGORY MANAGEMENT - REQUIREMENTS. - - ``(a) In General.--A contract awarded under section 8(a), 8(m), 31, -or 32 that is classified as tier 0-- - ``(1) shall be exempt from the procedural requirements of - any Federal rule or guidance on category management or - successor strategies for contract consolidation; and - ``(2) may not be included when measuring the attainment of - any goal or benchmark established under any Federal rule or - guidance on category management or successor strategies for - contract consolidation, unless the inclusion of such contract - aids in the achievement of such a goal or benchmark. - ``(b) Definitions.--In this section: - ``(1) Category management.--The term `category management' - has the meaning given such term by the Director of the Office - of Management and Budget. - ``(2) Tier 0.--The term `tier 0' has the meaning given such - term by the Director of the Office of Management and Budget - with respect to the Spend Under Management tiered maturity - model, or any successor model.''. - (b) Application.--Section 49 of the Small Business Act, as added by -subsection (a), shall apply with respect to contracts entered into on -or after the date of the enactment of this Act. - (c) Plan and Report.-- - (1) In general.--Not later than 120 days after the date of - the enactment of this Act, the Director of the Office of - Management and Budget shall submit to Congress a report - including a plan to increase the participation of small - business concerns in agency-wide or Government-wide contracts - (including best in class designations as defined in section - 15(h)(4)(B)). Such plan shall include-- - (A) strategies to increase the amount and frequency - of opportunities for small business concerns to - participate in agency-wide or Government-wide - contracts; - (B) strategies to ease or eliminate requirements - that impede such participation of small business - concerns; and - (C) a specific goal for the number of small - business concerns participating in agency-wide or - Government-wide contracts and a timeline to achieve - such goal. - (2) Implementation.--Not later than 60 days after the - submission of the report required under paragraph (1), the - Director of the Office of Management and Budget shall implement - the plan contained in such report. - (d) Rulemaking.--Not later than 90 days after the date of the -enactment of this Act, the Federal Acquisition Regulation shall be -revised to carry out this Act and the amendment made by this Act. - -SEC. 834. REPORT ON ACCELERATED PAYMENTS TO CERTAIN SMALL BUSINESS - CONCERNS. - - (a) Report.--Not later than 3 months after the date of the -enactment of this section, the head of each Federal agency shall submit -to Congress a report on the timeliness of payments made to a covered -prime contractor. Such report shall include-- - (1) the date on which the Federal agency began providing - accelerated payments in accordance with section 2307(a)(2) of - title 10, United States Code, or paragraphs (10) and (11) of - section 3903(a) of title 31, United States Code, as applicable, - to a covered prime contractor; - (2) of contracts to which such sections apply, the amount - and percentage of covered contracts with accelerated payment - terms in accordance with such sections; and - (3) whether and on what date the agency discontinued - implementation of the Office of Management and Budget Circular - M-11-32 titled ``Accelerating Payments to Small Businesses for - Goods and Services'' (issued September 14, 2011). - (b) Definitions.--In this section: - (1) Covered prime contractor.--The term ``covered prime - contractor'' means-- - (A) a prime contractor (as defined in section 8701 - of title 41) that is a small business concern (as - defined in section 3 of the Small Business Act (15 - U.S.C. 632)); and - (B) a prime contractor that subcontracts with a - small business concern. - (2) Covered contract.--The term ``covered contract'' means - a contract entered into by a covered prime contractor-- - (A) on or after August 13, 2018, with respect to a - contract entered into the head of an agency (as defined - in section 2302 of title 10, United States Code); or - (B) on or after December 20, 2019, with respect to - a contract entered into with the head of an agency (as - defined in section 3901 of title 31, United States - Code). - (3) Federal agency.--The term ``Federal agency'' has the - meaning given ``agency'' in section 551(a) of title 5, United - States Code. - -SEC. 835. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM. - + (1) Definition.--In this subsection, the term ``function''-- + (A) means any duty, obligation, power, authority, + responsibility, right, privilege, activity, or program; and + (B) does not include employees. + (2) Abolishment.--The Center for Verification and Evaluation of + the Department of Veterans Affairs, as defined under section 74.1 + of title 38, Code of Federal Regulations, is abolished effective on + the transfer date. + (3) Transfer of functions.--Effective on the transfer date, all + functions that, immediately before the transfer date, were + functions of the Center for Verification and Evaluation shall be + functions of the Small Business Administration. + (4) Transfer of assets.--So much of the property (including + contracts for the procurement of property or services) and records + used, held, available, or to be made available in connection with a + function transferred under this subsection shall be available to + the Small Business Administration at such time or times as the + President directs for use in connection with the functions + transferred. + (5) Savings provisions.-- + (A) Continuing effect of legal documents.--All orders, + determinations, rules, regulations, permits, agreements, + grants, contracts, certificates, licenses, registrations, + privileges, and other administrative actions-- + (i) which have been issued, made, granted, or allowed + to become effective by the President, any Federal agency or + official thereof, or by a court of competent jurisdiction, + in the performance of functions which are transferred under + this subsection; and + (ii) which are in effect on the transfer date, or were + final before the transfer date and are to become effective + on or after the transfer date, + shall continue in effect according to their terms until + modified, terminated, superseded, set aside, or revoked in + accordance with law by the President, the Administrator of the + Small Business Administration or other authorized official, a + court of competent jurisdiction, or by operation of law. + (B) Proceedings not affected.--The provisions of this + subsection shall not affect any proceedings, including notices + of proposed rulemaking, or any application for any license, + permit, certificate, or financial assistance pending before the + Department of Veterans Affairs on the transfer date, with + respect to functions transferred by this subsection but such + proceedings and applications shall be continued. Orders shall + be issued in such proceedings, appeals shall be taken + therefrom, and payments shall be made pursuant to such orders, + as if this subsection had not been enacted, and orders issued + in any such proceedings shall continue in effect until + modified, terminated, superseded, or revoked by a duly + authorized official, by a court of competent jurisdiction, or + by operation of law. Nothing in this subparagraph shall be + deemed to prohibit the discontinuance or modification of any + such proceeding under the same terms and conditions and to the + same extent that such proceeding could have been discontinued + or modified if this subsection had not been enacted. + (C) Suits not affected.--The provisions of this subsection + shall not affect suits commenced before the transfer date, and + in all such suits, proceedings shall be had, appeals taken, and + judgments rendered in the same manner and with the same effect + as if this subsection had not been enacted. + (D) Nonabatement of actions.--No suit, action, or other + proceeding commenced by or against the Department of Veterans + Affairs, or by or against any individual in the official + capacity of such individual as an officer of the Department of + Veterans Affairs, shall abate by reason of the enactment of + this subsection. + (E) Administrative actions relating to promulgation of + regulations.--Any administrative action relating to the + preparation or promulgation of a regulation by the Department + of Veterans Affairs relating to a function transferred under + this subsection may be continued by the Administrator of the + Small Business Administration with the same effect as if this + subsection had not been enacted. + (F) Effect on personnel.--The Secretary of Veterans Affairs + shall appoint any employee represented by a labor organization + accorded exclusive recognition under section 7111 of title 5, + United States Code, that is affected by the transfer of + functions under this subsection to a position of a continuing + nature for which the employee is qualified, at a grade and + compensation not lower than the current grade and compensation + of the employee. + (6) References.--Any reference in any other Federal law, + Executive order, rule, regulation, or delegation of authority, or + any document of or pertaining to a function of the Center for + Verification and Evaluation that is transferred under this + subsection is deemed, after the transfer date, to refer to the + Small Business Administration. + (h) Report.--Not later than 1 year after the date of the enactment +of this Act, and every 6 months thereafter until the transfer date, the +Administrator of the Small Business Administration and Secretary of +Veterans Affairs shall jointly submit to the Committee on +Appropriations, the Committee on Small Business, and the Committee on +Veterans' Affairs of the House of Representatives and the Committee on +Appropriations, the Committee on Small Business and Entrepreneurship, +and the Committee on Veterans' Affairs of the Senate a report on the +planning for the transfer of functions and property required under this +section and the amendments made by this section on the transfer date, +which shall include-- + (1) a discussion of whether and how the verification database + and operations of the Center for Verification and Evaluation of the + Department of Veterans Affairs will be incorporated into the + existing certification database of the Small Business + Administration; + (2) projections for the numbers and timing, in terms of fiscal + year, of-- + (A) already verified concerns that will come up for + recertification; and + (B) self-certified concerns that are expected to apply for + certification; + (3) an explanation of how outreach to veteran service + organizations, the service-disabled veteran-owned and veteran-owned + small business community, and other stakeholders will be conducted; + and + (4) other pertinent information determined by the Administrator + and the Secretary. + SEC. 863. EMPLOYMENT SIZE STANDARD REQUIREMENTS FOR SMALL BUSINESS + CONCERNS. + (a) In General.--Section 3(a)(2) of the Small Business Act (15 +U.S.C. 632(a)(2)) is amended-- + (1) in subparagraph (A), by inserting ``and subject to the + requirements specified under subparagraph (C)'' after ``paragraph + (1)''; and + (2) in subparagraph (C)-- + (A) by inserting ``(including the Administration when + acting pursuant to subparagraph (A))'' after ``no Federal + department or agency''; and + (B) in clause (ii)(I) by striking ``12 months'' and + inserting ``24 months''. + (b) Effective Date.--This section and the amendments made by this +section shall take effect 1 year after the date of the enactment of +this Act. + SEC. 864. MAXIMUM AWARD PRICE FOR SOLE SOURCE MANUFACTURING + CONTRACTS. + The Small Business Act (15 U.S.C. 631 et seq.) is amended-- + (1) in section 8 (15 U.S.C. 637)-- + (A) in subsection (a)(1)(D)(i)(II), by striking + ``$5,000,000'' and inserting ``$7,000,000''; and + (B) in subsection (m)-- + (i) in paragraph (7)(B)(i), by striking ``$6,500,000'' + and inserting ``$7,000,000''; and + (ii) in paragraph (8)(B)(i), by striking ``$6,500,000'' + and inserting ``$7,000,000''; + (2) in section 31(c)(2)(A)(ii)(I) (15 U.S.C. + 657a(c)(2)(A)(ii)(I)), by striking ``$5,000,000'' and inserting + ``$7,000,000''; and + (3) in section 36(c)(2)(A), as so redesignated by section + 862(d)(1)(C), by striking ``$5,000,000'' and inserting + ``$7,000,000''. + SEC. 865. REPORTING REQUIREMENT ON EXPENDITURE AMOUNTS FOR THE + SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND THE SMALL BUSINESS + TECHNOLOGY TRANSFER PROGRAM. + Section 9 of the Small Business Act (15 U.S.C. 638) is amended-- + (1) in subsection (b)(7)-- + (A) in subparagraph (F), by striking ``and'' at the end; + (B) in subparagraph (G), by adding ``and'' after the + semicolon at the end; and + (C) by adding at the end the following: + ``(H) with respect to a Federal agency to which subsection + (f)(1) or (n)(1) applies, whether the Federal agency has + complied with the applicable subsection for the year covered by + the report;''; + (2) in subsection (g)(10), by inserting ``, which section shall + describe whether or not the Federal agency complied with the + requirements of subsection (f) for the year covered by that plan + and include a justification for failure to comply (if + applicable),'' after ``a section on its SBIR program''; and + (3) in subsection (o)(8), by inserting ``, which section shall + describe whether or not the Federal agency complied with the + requirements of subsection (n) for the year covered by that plan + and include a justification for failure to comply (if + applicable),'' after ``a section on its STTR program''. + SEC. 866. SMALL BUSINESSES IN TERRITORIES OF THE UNITED STATES. + (a) Definition of Covered Territory Business.-- + (1) In general.--Section 3 of the Small Business Act (15 U.S.C. + 632) is amended by adding at the end the following new subsection: + ``(ff) Covered Territory Business.--In this Act, the term `covered +territory business' means a small business concern that has its +principal office located in one of the following: + ``(1) The United States Virgin Islands. + ``(2) American Samoa. + ``(3) Guam. + ``(4) The Northern Mariana Islands.''. + (2) Conforming amendment.--Section 15(x) of the Small Business + Act (15 U.S.C. 644(x)) is amended by striking paragraph (3). + (b) Priority for Surplus Property Transfers.--Section +7(j)(13)(F)(iii) of the Small Business Act (15 U.S.C. +636(j)(13)(F)(iii)) is amended-- + (1) in subclause (I), by striking ``means'' and all that + follows through the period at the end and inserting the following: + ``means-- + ``(aa) in the case of a Puerto Rico business, the + period beginning on August 13, 2018, and ending on the date + on which the Oversight Board established under section 2121 + of title 48 terminates; and + ``(bb) in the case of a covered territory business, the + period beginning on the date of the enactment of this item + and ending on the date that is 4 years after such date of + enactment.''; and + (2) in subclause (II)-- + (A) by inserting ``or a covered territory business'' after + ``a Puerto Rico business''; and + (B) by striking ``the Puerto Rico business'' each place it + appears and inserting ``either such business''. + (c) Contracting Incentives for Protege Firms That Are Covered +Territory Businesses.-- + (1) Contracting incentives.--Section 45(a) of the Small + Business Act (15 U.S.C. 657r(a)) is amended by adding at the end + the following new paragraph: + ``(4) Covered territory businesses.--During the period + beginning on the date of the enactment of this paragraph and ending + on the date that is 4 years after such date of enactment, the + Administrator shall identify potential incentives to a covered + territory mentor that awards a subcontract to its covered territory + protege, including-- + ``(A) positive consideration in any past performance + evaluation of the covered territory mentor; and + ``(B) the application of costs incurred for providing + training to such covered territory protege to the + subcontracting plan (as required under paragraph (4) or (5) of + section 8(d)) of the covered territory mentor.''. + (2) Mentor-protege relationships.--Section 45(b)(3)(A) of the + Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by striking + ``relationships are'' and all that follows through the period at + the end and inserting the following: ``relationships-- + ``(i) are between a covered protege and a covered + mentor; or + ``(ii) are between a covered territory protege and a + covered territory mentor.''. + (3) Definitions.--Section 45(d) of the Small Business Act (15 + U.S.C. 657r(d)) is amended by adding at the end the following new + paragraphs: + ``(6) Covered territory mentor.--The term `covered territory + mentor' means a mentor that enters into an agreement under this + Act, or under any mentor-protege program approved under subsection + (b)(1), with a covered territory protege. + ``(7) Covered territory protege.--The term `covered territory + protege' means a protege of a covered territory mentor that is a + covered territory business.''. + SEC. 867. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA + ISLANDS FOR CERTAIN SMALL BUSINESS ADMINISTRATION PROGRAMS. + The Small Business Act (15 U.S.C. 631 et seq.) is amended-- + (1) in section 21(a)-- + (A) in paragraph (1), by inserting before ``The + Administration shall require'' the following: ``The previous + sentence shall not apply to an applicant that has its principal + office located in the Commonwealth of the Northern Mariana + Islands.''; and + (B) in paragraph (4)(C)(ix), by striking ``and American + Samoa'' and inserting ``American Samoa, and the Commonwealth of + the Northern Mariana Islands''; and + (2) in section 34(a)(9), by striking ``and American Samoa'' and + inserting ``American Samoa, and the Commonwealth of the Northern + Mariana Islands''. + SEC. 868. PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS + CONCERNS. + (a) Past Performance Ratings of Joint Ventures for Small Business +Concerns.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) +is amended by adding at the end the following new paragraph: + ``(5) Past performance ratings of joint ventures for small + business concerns.--With respect to evaluating an offer for a prime + contract made by a small business concern that previously + participated in a joint venture with another business concern + (whether or not such other business concern was a small business + concern), the Administrator shall establish regulations-- + ``(A) allowing the small business concern to elect to use + the past performance of the joint venture if the small business + concern has no relevant past performance of its own; + ``(B) requiring the small business concern, when making an + election under subparagraph (A)-- + ``(i) to identify to the contracting officer the joint + venture of which the small business concern was a member; + and + ``(ii) to inform the contracting officer what duties + and responsibilities the small business concern carried out + as part of the joint venture; and + ``(C) requiring a contracting officer, if the small + business concern makes an election under subparagraph (A), to + consider the past performance of the joint venture when + evaluating the past performance of the small business concern, + giving due consideration to the information provided under + subparagraph (B)(ii).''. + (b) Past Performance Ratings of First-tier Small Business +Subcontractors.--Section 8(d)(17) of the Small Business Act (15 U.S.C. +637(d)(l7)) is amended to read as follows: + ``(17) Past performance ratings for certain small business + subcontractors.--Upon request by a small business concern that + performed as a first tier subcontractor on a covered contract (as + defined in paragraph (13)(A)), the prime contractor for such + covered contract shall submit to such small business concern a + record of past performance for such small business concern with + respect to such covered contract. If a small business concern + elects to use such record of past performance, a contracting + officer shall consider such record of past performance when + evaluating an offer for a prime contract made by such small + business concern.''. + (c) Rulemaking.--Not later than 120 days after the date of the +enactment of this Act, the Administrator of the Small Business +Administration shall issue rules to carry out this section and the +amendments made by this section. + SEC. 869. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM. (a) In General.--The Administrator of the Small Business Administration shall ensure that a small business concern participating in the program established under section 8(a) of the Small Business Act -(15 U.S.C. 637) on or before March 13, 2020, may elect to extend such -participation by a period of 1 year, regardless of whether such concern -previously elected to suspend participation in such program pursuant to -guidance of the Administrator. +(15 U.S.C. 637) on or before September 9, 2020, may elect to extend +such participation by a period of 1 year, regardless of whether such +concern previously elected to suspend participation in such program +pursuant to guidance of the Administrator. (b) Emergency Rulemaking Authority.--Not later than 15 days after the date of enactment of this section, the Administrator shall issue regulations to carry out this section without regard to the notice requirements under section 553(b) of title 5, United States Code. - -SEC. 836. PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS CONCERNS. - - (a) Past Performance Ratings of Joint Ventures for Small Business -Concerns.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) -is amended by adding at the end the following: - ``(5) Past performance ratings of joint ventures for small - business concerns.--With respect to evaluating an offer for a - prime contract made by a small business concern that previously - participated in a joint venture with another business concern - (whether or not such other business concern was itself a small - business concern), the Administrator shall establish - regulations-- - ``(A) requiring contracting officers to consider - the record of past performance of the joint venture - when evaluating the past performance of the small - business concern; and - ``(B) requiring the small business concern to - inform the contracting officer what duties and - responsibilities the small business concern carried out - as part of the joint venture.''. - (b) Past Performance Ratings of First-Tier Small Business -Subcontractors.--Section 8(d)(17) of the Small Business Act (15 U.S.C. -637(d)(17)) is amended to read as follows: - ``(17) Past performance ratings for certain small business - subcontractors.-- - ``(A) In general.--Upon request by a small business - concern that performed as a first tier subcontractor on - a covered contract (as defined in paragraph 13(A)) that - is submitting an offer for a solicitation, the prime - contractor for such covered contract shall submit to - the contracting agency issuing the solicitation or to - such small business concern a record of past - performance for such small business concern with - respect to such covered contract. - ``(B) Consideration.--A contracting officer shall - consider the record of past performance of a small - business concern provided under subparagraph (A) when - evaluating an offer for a prime contract made by such - small business concern.''. - (c) Rulemaking.-- - (1) Small buisness administration.--Not later than the end - of the 120-day period beginning on the date of enactment of - this Act, the Administrator of the Small Business - Administration shall issue rules to carry out this section and - the amendments made by this section. - (2) Federal acquisition regulation.--Not later than the end - of the 120-day period beginning on the date that rules are - issued under paragraph (1), the Federal Acquisition Regulation - shall be revised to reflect such rules. - -SEC. 837. CATEGORY MANAGEMENT TRAINING. - + SEC. 870. COMPLIANCE OF OFFICES OF SMALL BUSINESS AND DISADVANTAGED + BUSINESS UTILIZATION. + (a) Report.--If the Comptroller General of the United States has +determined that a Director of Small and Disadvantaged Business +Utilization of a Federal agency is not in compliance with the +requirements of section 15(k) of the Small Business Act (15 U.S.C. +644(k)), such Director shall submit, not later than the specified date, +to the Committee on Small Business and Entrepreneurship of the Senate +and the Committee on Small Business of the House of Representatives a +report that includes the reasons for such noncompliance and the +specific actions the Director shall take to remedy such noncompliance. + (b) Specified Date Defined.--In this section, the term ``specified +date'' means the later of-- + (1) the date that is 120 days after the date on which a + determination is made under subsection (a); and + (2) 120 days after the date of the enactment of this Act. + SEC. 871. CATEGORY MANAGEMENT TRAINING. (a) In General.--Not later than 8 months after the date of the enactment of this section, the Administrator of the Small Business Administration, in coordination with the Administrator of the Office of -Federal Procurement Policy and any other head of a Federal agency as -determined by the Administrator, shall develop a training curriculum on -category management for staff of Federal agencies with procurement or -acquisition responsibilities. Such training shall include-- - (1) best practices for purchasing goods and services from - small business concerns (as defined under section 3 of the - Small Business Act (15 U.S.C. 632)); and - (2) information on avoiding conflicts with the requirements - of the Small Business Act (15 U.S.C. 631 et seq.). +Federal Procurement Policy and any other head of a Federal agency (as +determined by the Administrator), shall develop a training curriculum +on category management for staff of Federal agencies with procurement +or acquisition responsibilities. Such training shall include-- + (1) best practices for procuring goods and services from small + business concerns (as defined under section 3 of the Small Business + Act (15 U.S.C. 632)); and + (2) information on avoiding conflicts with the requirements of + the Small Business Act (15 U.S.C. 631 et seq.). (b) Use of Curriculum.--The Administrator of the Small Business Administration-- - (1) shall ensure that staff for Federal agencies described - in subsection (a) receive the training described in such - subsection; and - (2) may request the assistance of the relevant Director of - Small and Disadvantaged Business Utilization (as described in - section 15(k) of the Small Business Act (15 U.S.C. 644(k))) to - carry out the requirements of paragraph (1). + (1) shall ensure that staff for Federal agencies described in + subsection (a) receive the training described in such subsection; + and + (2) may request the assistance of the relevant Director of + Small and Disadvantaged Business Utilization (as described in + section 15(k) of the Small Business Act (15 U.S.C. 644(k))) to + carry out the requirements of paragraph (1). (c) Submission to Congress.--The Administrator of the Small Business Administration shall provide a copy of the training curriculum developed under subsection (a) to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. - (d) Category Management Defined.--In this Act, the term ``category -management'' has the meaning given by the Director of the Office of -Management and Budget. - -SEC. 838. SMALL BUSINESSES IN TERRITORIES OF THE UNITED STATES. - - (a) Definition of Covered Territory Business.--Section 3 of the -Small Business Act (15 U.S.C. 632) is amended by adding at the end the -following new subsection: - ``(ff) Covered Territory Business.--In this Act, the term `covered -territory business' means a small business concern that has its -principal office located in one of the following: - ``(1) The United States Virgin Islands. - ``(2) American Samoa. - ``(3) Guam. - ``(4) The Northern Mariana Islands.''. - (b) Priority for Surplus Property Transfers.--Section -7(j)(13)(F)(iii) of the Small Business Act (15 U.S.C. -636(j)(13)(F)(iii)) is amended-- - (1) in clause (I), by striking ``means'' and all that - follows through the period at the end and inserting the - following: ``means-- - ``(aa) in the case of a - Puerto Rico business, the - period beginning on August 13, - 2018, and ending on the date on - which the Oversight Board - established under section 2121 - of title 48 terminates; and - ``(bb) in the case of a - covered territory business, the - period beginning on the date of - enactment of this item and - ending on the date that is 4 - years after such date of - enactment.''; and - (2) in clause (II)-- - (A) by inserting ``or a covered territory - business'' after ``a Puerto Rico business''; and - (B) by striking ``the Puerto Rico business'' in - both places it appears and inserting ``such business''. - (c) Contracting Incentives for Protege Firms That Are Covered -Territory Businesses.-- - (1) Contracting incentives.--Section 45(a) of the Small - Business Act (15 U.S.C. 657r(a)) is amended by adding at the - end the following new paragraph: - ``(4) Covered territory businesses.--During the period - beginning on the date of enactment of this paragraph and ending - on the date that is 4 years after such date of enactment, the - Administrator shall identify potential incentives to a covered - territory mentor that awards a subcontract to its covered - territory protege, including-- - ``(A) positive consideration in any past - performance evaluation of the covered territory mentor; - and - ``(B) the application of costs incurred for - providing training to such covered territory protege to - the subcontracting plan (as required under paragraph - (4) or (5) of section 8(d)) of the covered territory - mentor.''. - (2) Mentor-protege relationships.--Section 45(b)(3)(A) of - the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by - striking ``relationships are'' and all that follows through the - period at the end and inserting the following: - ``relationships-- - ``(i) are between a covered protege and a - covered mentor; or - ``(ii) are between a covered territory - protege and a covered territory mentor.''. - (3) Definitions.--Section 45(d) of the Small Business Act - (15 U.S.C. 657r(d)) is amended by adding at the end the - following new paragraphs: - ``(6) Covered territory mentor.--The term `covered - territory mentor' means a mentor that enters into an agreement - under this Act, or under any mentor-protege program approved - under subsection (b)(1), with a covered territory protege. - ``(7) Covered territory protege.--The term `covered - territory protege' means a protege of a covered territory - mentor that is a covered territory business.''. - -SEC. 839. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA - ISLANDS FOR CERTAIN SMALL BUSINESS ADMINISTRATION - PROGRAMS. - - The Small Business Act (15 U.S.C. 631 et seq.) is amended-- - (1) in section 21(a)-- - (A) in paragraph (1), by inserting before ``The - Administration shall require'' the following: ``The - previous sentence shall not apply to an applicant that - has its principal office located in the Commonwealth of - the Northern Mariana Islands.''; and - (B) in paragraph (4)(C)(ix), by striking ``and - American Samoa'' and inserting ``American Samoa, and - the Commonwealth of the Northern Mariana Islands''; and - (2) in section 34(a)(9), by striking ``and American Samoa'' - and inserting ``American Samoa, and the Commonwealth of the - Northern Mariana Islands''. - -SEC. 840. BOOTS TO BUSINESS PROGRAM. - - Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by -adding at the end the following new subsection: - ``(h) Boots to Business Program.-- - ``(1) Covered individual defined.--In this subsection, the - term `covered individual' means-- - ``(A) a member of the Armed Forces, including the - National Guard or Reserves; - ``(B) an individual who is participating in the - Transition Assistance Program established under section - 1144 of title 10, United States Code; - ``(C) an individual who-- - ``(i) served on active duty in any branch - of the Armed Forces, including the National - Guard or Reserves; and - ``(ii) was discharged or released from such - service under conditions other than - dishonorable; and - ``(D) a spouse or dependent of an individual - described in subparagraph (A), (B), or (C). - ``(2) Establishment.--Beginning on the first October 1 - after the enactment of this subsection and for the subsequent 4 - fiscal years, the Administrator shall carry out a program to be - known as the `Boots to Business Program' to provide - entrepreneurship training to covered individuals. - ``(3) Goals.--The goals of the Boots to Business Program - are to-- - ``(A) provide assistance and in-depth training to - covered individuals interested in business ownership; - and - ``(B) provide covered individuals with the tools, - skills, and knowledge necessary to identify a business - opportunity, draft a business plan, identify sources of - capital, connect with local resources for small - business concerns, and start up a small business - concern. - ``(4) Program components.-- - ``(A) In general.--The Boots to Business Program - may include-- - ``(i) a presentation providing exposure to - the considerations involved in self-employment - and ownership of a small business concern; - ``(ii) an online, self-study course focused - on the basic skills of entrepreneurship, the - language of business, and the considerations - involved in self-employment and ownership of a - small business concern; - ``(iii) an in-person classroom instruction - component providing an introduction to the - foundations of self employment and ownership of - a small business concern; and - ``(iv) in-depth training delivered through - online instruction, including an online course - that leads to the creation of a business plan. - ``(B) Collaboration.--The Administrator may-- - ``(i) collaborate with public and private - entities to develop course curricula for the - Boots to Business Program; and - ``(ii) modify program components in - coordination with entities participating in a - Warriors in Transition program, as defined in - section 738(e) of the National Defense - Authorization Act for Fiscal Year 2013 (10 - U.S.C. 1071 note). - ``(C) Use of resource partners.-- - ``(i) In general.--The Administrator - shall-- - ``(I) ensure that Veteran Business - Outreach Centers regularly participate, - on a nationwide basis, in the Boots to - Business Program; and - ``(II) to the maximum extent - practicable, use a variety of other - resource partners and entities in - administering the Boots to Business - Program. - ``(ii) Grant authority.--In carrying out - clause (i), the Administrator may make grants - to Veteran Business Outreach Centers, other - resource partners, or other entities to carry - out components of the Boots to Business - Program. - ``(D) Availability to department of defense.--The - Administrator shall make available to the Secretary of - Defense information regarding the Boots to Business - Program, including all course materials and outreach - materials related to the Boots to Business Program, for - inclusion on the website of the Department of Defense - relating to the Transition Assistance Program, in the - Transition Assistance Program manual, and in other - relevant materials available for distribution from the - Secretary of Defense. - ``(E) Availability to veterans affairs.--In - consultation with the Secretary of Veterans Affairs, - the Administrator shall make available for distribution - and display at local facilities of the Department of - Veterans Affairs outreach materials regarding the Boots - to Business Program which shall, at a minimum-- - ``(i) describe the Boots to Business - Program and the services provided; and - ``(ii) include eligibility requirements for - participating in the Boots to Business Program. - ``(5) Report.--Not later than 180 days after the date of - the enactment of this subsection and every year thereafter, the - Administrator shall submit to the Committee on Small Business - and Entrepreneurship of the Senate and the Committee on Small - Business of the House of Representatives a report on the - performance and effectiveness of the Boots to Business Program, - which may be included as part of another report submitted to - such Committees by the Administrator, and which shall include-- - ``(A) information regarding grants awarded under - paragraph (4)(C); - ``(B) the total cost of the Boots to Business - Program; - ``(C) the number of program participants using each - component of the Boots to Business Program; - ``(D) the completion rates for each component of - the Boots to Business Program; - ``(E) to the extent possible-- - ``(i) the demographics of program - participants, to include gender, age, race, - relationship to military, military occupational - specialty, and years of service of program - participants; - ``(ii) the number of small business - concerns formed or expanded with assistance - under the Boots to Business Program; - ``(iii) the gross receipts of small - business concerns receiving assistance under - the Boots to Business Program; - ``(iv) the number of jobs created with - assistance under the Boots to Business Program; - ``(v) the number of referrals to other - resources and programs of the Administration; - ``(vi) the number of program participants - receiving financial assistance under loan - programs of the Administration; - ``(vii) the type and dollar amount of - financial assistance received by program - participants under any loan program of the - Administration; and - ``(viii) results of participant - satisfaction surveys, including a summary of - any comments received from program - participants; - ``(F) an evaluation of the effectiveness of the - Boots to Business Program in each region of the - Administration during the most recent fiscal year; - ``(G) an assessment of additional performance - outcome measures for the Boots to Business Program, as - identified by the Administrator; - ``(H) any recommendations of the Administrator for - improvement of the Boots to Business Program, which may - include expansion of the types of individuals who are - covered individuals; - ``(I) an explanation of how the Boots to Business - Program has been integrated with other transition - programs and related resources of the Administration - and other Federal agencies; and - ``(J) any additional information the Administrator - determines necessary.''. - -SEC. 840A. EMPLOYMENT SIZE STANDARD REQUIREMENTS. - - (a) In General.--Section 3(a)(2) of the Small Business Act (15 -U.S.C. 632(a)(2)) is amended-- - (1) in subparagraph (A), by inserting ``and subject to the - requirements specified under subparagraph (C)'' after - ``paragraph (1)''; and - (2) in subparagraph (C)-- - (A) by inserting ``(including the Administration - when acting pursuant to subparagraph (A))'' after ``no - Federal department or agency''; and - (B) in clause (ii)(I) by striking ``12 months'' and - inserting ``24 months''. - (b) Effective Date.--This Act and the amendments made by this Act -shall take effect 1 year after the date of the enactment of this Act. - - Subtitle E--Other Matters - -SEC. 841. MODIFICATIONS TO SUPERVISION AND AWARD OF CERTAIN CONTRACTS. - - (a) Supervision of Military Construction Projects.--Section 2851 of -title 10, United States Code, is amended-- - (1) in subsection (c)(1)-- - (A) by inserting ``or appropriated'' after ``funds - authorized'' each place such term appears; and - (B) in subparagraph (E), by inserting ``, - Facilities Sustainment, Restoration, and Modernization - (FSRM) project,'' after ``military construction - project''; and - (2) in subsection (c)(2)-- - (A) by inserting ``, deadline for bid - submissions,'' after ``solicitation date''; - (B) by inserting ``(including the address of such - recipient)'' after ``contract recipient''; and - (C) by adding at the end the following new - subparagraphs: - ``(H) Any subcontracting plan required under paragraph (4) - or (5) of section 8(d) of the Small Business Act (15 U.S.C. - 637(d)) for the project submitted by the contract recipient to - the Secretary of Defense. - ``(I) A detailed written statement describing and - justifying any exception applied or waiver granted under-- - ``(i) chapter 83 of title 41; - ``(ii) section 2533a of this title; or - ``(iii) section 2533b of this title.''; and - (3) by adding at the end the following new paragraph: - ``(4) The information required to be published on the Internet -website under subsection (c) shall constitute a record for the purposes -of Chapter 21, 29, 31, and 33 of title 44.''. - (b) Requirements Relating to the Award of Covered Military -Construction Contracts.-- - (1) Requirements.--Subchapter III of chapter 169 of title - 10, United States Code, is amended by inserting after section - 2851 the following new section: -``Sec. 2851a. Requirements relating to the award of covered military - construction contracts - ``(a) Publication of Certain Information Relating to Covered -Military Construction Contracts.-- - ``(1) Contractor requirements.--A contractor that has been - awarded a covered military construction contract shall-- - ``(A) make publicly available on a website of the - General Services Administration or the Small Business - Administration, as applicable, any solicitation under - that covered military construction contract for a - subcontract of an estimated value of $250,000 or more; - and - ``(B) submit written notification of the award of - the covered military construction contract, and of any - subcontract awarded under the covered military - construction contract, to the relevant agency of a - covered State that enforces workers' compensation or - minimum wage laws in such covered State. - ``(2) Notice.--Upon award of a covered military - construction contract with an estimated value greater than or - equal to $2,000,000, the Secretary concerned shall notify any - applicable Member of Congress representing the covered State in - which that covered military construction contract is to be - performed of such award in a timely manner. - ``(3) Federal procurement data system.--The Secretary of - Defense shall ensure that there is a clear and unique - indication of any covered military construction contract with - subcontracting work of an estimated value of $250,000 or more - in the Federal Procurement Data System established pursuant to - section 1122(a)(4) of title 41 (or any successor system). - ``(b) Use of Local Firms and Individuals.-- - ``(1) In general.--To the extent practicable, in awarding a - covered military construction contract, the Secretary concerned - shall give preference to those firms and individuals residing - or doing business primarily in the same State as, or within a - 60-mile radius of, the location of the work to be performed - pursuant to the contract. - ``(2) Justification required.--The Secretary concerned - shall prepare a written justification, and make such - justification available on the Internet site required under - section 2851 of this title, for the award of any covered - military construction contract to a firm or individual that is - not described under paragraph (1). - ``(c) Licensing.--A contractor and any subcontractors performing a -covered military construction contract shall be licensed to perform the -work under such contract in the State in which the work will be -performed. - ``(d) Monthly Report.--Not later than 10 days after the end of each -month, the Secretary of Defense shall submit to the congressional -defense committees a report identifying for that month the following: - ``(1) Each covered military construction contract and each - subcontract of a covered military construction contract - described in subsection (a)(1)(A) awarded during that month. - ``(2) The location of the work to be performed pursuant to - each covered military construction contract and subcontract - identified pursuant to paragraph (1). - ``(3) The prime contractor and any subcontractor performing - each covered military construction contract and subcontract - identified pursuant to paragraph (1). - ``(4) The estimated value of each covered military - construction contract and subcontract identified pursuant to - paragraph (1). - ``(e) Exclusion of Classified Projects.--This section does not -apply to a classified covered military construction project. - ``(f) Definitions.--In this section: - ``(1) Covered military construction contract.--The term - `covered military construction contract' means a contract for - work on a military construction project, military family - housing project, or Facilities Sustainment, Restoration, and - Modernization (FSRM) project carried out in a covered State. - ``(2) Covered state.--The term `covered State' means any of - the several States, the District of Columbia, the Commonwealth - of Puerto Rico, Guam, American Samoa, the United States Virgin - Islands, or the Commonwealth of the Northern Mariana Islands. - ``(3) Member of congress.--The term `Member of Congress' - has the meaning given the term in section 2106 of title 5.''. - (2) Clerical amendment.--The table of sections at the - beginning of subchapter III of chapter 169 of title 10, United - States Code, is amended by inserting after the item relating to - section 2851 the following new item: - -``2851a. Requirements relating to the award of covered military - construction contracts.''. - (3) Applicability.--Section 2851a of title 10, United - States Code, as added by paragraph (1), shall apply with - respect to a covered military construction contract, as defined - in such section, entered into on or after the date of the - enactment of this Act. - (c) Small Business Credit for Local Businesses.--Section 15 of the -Small Business Act (15 U.S.C. 644) is amended by adding at the end the -following new subsection-- - ``(y) Small Business Credit for Local Businesses.-- - ``(1) Credit for meeting subcontracting goals.--If a prime - contractor awards a subcontract (at any tier) to a small - business concern that has its principal office located in the - same State as, or within a 60-mile radius of, the location of - the work to be performed pursuant to the contract of the prime - contractor, the value of the subcontract shall be doubled for - purposes of determining compliance with the goals for - procurement contracts under subsection (g)(1)(A) during such - period. - ``(2) Report.--Along with the report required under - subsection (h)(1), the head of each Federal agency shall submit - to the Administrator, and make publicly available on the - scorecard described in section 868(b) of the National Defense - Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 - Stat. 933; 15 U.S.C. 644 note), an analysis of the number and - dollar amount of subcontracts awarded pursuant to paragraph (1) - for each fiscal year of the period described in such - paragraph.''. + (d) Category Management Defined.--In this section, the term +``category management'' has the meaning given by the Director of the +Office of Management and Budget. -SEC. 842. AMENDMENTS TO SUBMISSIONS TO CONGRESS RELATING TO CERTAIN - FOREIGN MILITARY SALES. + Subtitle F--Other Matters + SEC. 881. REVIEW OF AND REPORT ON OVERDUE ACQUISITION AND CROSS- + SERVICING AGREEMENT TRANSACTIONS. + (a) Review.--The Secretary of Defense, acting through the official +designated to provide oversight of acquisition and cross-servicing +agreements under section 2342(f) of title 10, United States Code, shall +conduct a review of acquisition and cross-servicing agreement +transactions for which reimbursement to the United States is overdue +under section 2345 of such title. + (b) Report.-- + (1) In general.--Not later than March 1, 2021, the designated + official described in subsection (a) shall submit to the + congressional defense committees a report on the results of the + review of acquisition and cross-servicing agreement transactions + described in such subsection. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) For each such transaction valued at $1,000,000 or more + for which reimbursement to the United States was overdue as of + October 1, 2020-- + (i) the total amount of the transaction; + (ii) the unreimbursed balance of the transaction; + (iii) the date on which the transaction was originally + made; + (iv) the date on which the most recent request for + payment was sent to the relevant foreign government or + international organization; and + (v) a plan for securing reimbursement from the foreign + government or international organization. + (B) A description of the steps taken to implement the + recommendations made in the March 4, 2020, report of the + Government Accountability Office titled ``Defense Logistics + Agreements: DOD Should Improve Oversight and Seek Payment from + Foreign Partners for Thousands of Orders It Identifies as + Overdue'', including efforts to validate data reported under + this subsection and in the system of the Department of Defense + to record data on acquisition and cross-servicing agreement + transactions. + (C) The amount of reimbursement received from a foreign + government or international organization, as applicable, for + each order-- + (i) for which the reimbursement is recorded as overdue + in the system of the Department of Defense to record data + on acquisition and cross-servicing agreement transactions; + and + (ii) that was authorized during the period beginning on + October 1, 2013, and ending on September 30, 2020. + (D) A plan for improving recordkeeping of acquisition and + cross-servicing agreement transactions and ensuring timely + reimbursement by a foreign government or international + organization. + (E) Any other matter considered relevant by the designated + official described in subsection (a). + SEC. 882. DOMESTIC COMPARATIVE TESTING ACTIVITIES. + Section 2350a(g) of title 10, United States Code, is amended-- + (1) in paragraph (1)-- + (A) in subparagraph (A)-- + (i) by striking ``conventional defense equipment, + munitions, and technologies manufactured and developed by + countries referred to in subsection (a)(2)'' and inserting + ``covered equipment, munitions, and technologies''; and + (ii) by striking ``such equipment, munitions, and + technologies'' and inserting ``such covered equipment, + munitions, and technologies''; and + (B) in subparagraph (B), by inserting ``such covered'' + before ``equipment, munitions, and technologies''; + (2) in paragraph (2), by striking ``equipment, munitions, and + technologies of the type described in paragraph (1)'' and inserting + ``covered equipment, munitions, and technologies''; and + (3) by adding at the end the following new paragraph: + ``(4) Covered Equipment, Munitions, and Technologies Defined.--In +this subsection, the term `covered equipment, munitions, and +technologies' means-- + ``(A) conventional defense equipment, munitions, and technologies +manufactured and developed by countries referred to in subsection +(a)(2); and + ``(B) conventional defense equipment, munitions, and technologies +manufactured and developed domestically.''. + SEC. 883. PROHIBITION ON AWARDING OF CONTRACTS TO CONTRACTORS THAT + REQUIRE NONDISCLOSURE AGREEMENTS RELATING TO WASTE, FRAUD, OR + ABUSE. + (a) In General.--The Secretary of Defense may not award a contract +for the procurement of goods or services to a contractor unless the +contractor represents that-- + (1) it does not require its employees to sign internal + confidentiality agreements or statements that would prohibit or + otherwise restrict such employees from lawfully reporting waste, + fraud, or abuse related to the performance of a Department of + Defense contract to a designated investigative or law enforcement + representative of the Department of Defense authorized to receive + such information; and + (2) it will inform its employees of the limitations on + confidentiality agreements and other statements described in + paragraph (1). + (b) Reliance on Representation.--A contracting officer of the +Department of Defense may rely on the representation of a contractor as +to the requirements described under subsection (a) in awarding a +contract unless the officer has reason to question the accuracy of the +representation. + SEC. 884. PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND PROGRAM + MANAGEMENT POLICY COUNCIL. + Section 1126 of title 31, United States Code, is amended-- + (1) in subsection (a)(1), by inserting after ``senior executive + of the agency'' the following: ``, who has significant program and + project management oversight responsibilities,''; and + (2) in subsection (b)(4) by striking ``twice'' and inserting + ``four times''. + SEC. 885. DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR FEDERAL + AGENCY CONTRACT AND GRANT OFFICERS. + Section 2313(d) of title 41, United States Code, is amended-- + (1) in paragraph (3), by inserting ``, and an identification of + any beneficial owner of such corporation,'' after ``to the + corporation''; and + (2) by adding at the end the following new paragraph: + ``(4) Definitions.--In this subsection: + ``(A) Beneficial ownership.--The term `beneficial + ownership' has the meaning given under section 847 of the + National Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92; 133 Stat. 1505; 10 U.S.C. 2509 note). + ``(B) Corporation.--The term `corporation' means any + corporation, company, limited liability company, limited + partnership, business trust, business association, or other + similar entity.''. + SEC. 886. REPEAL OF PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED + GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS. + Section 827 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1467; 10 U.S.C. 2304 note) is +repealed. + SEC. 887. AMENDMENTS TO SUBMISSIONS TO CONGRESS RELATING TO CERTAIN + FOREIGN MILITARY SALES. Section 887(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 22 U.S.C. 2761 note) is amended-- - (1) by striking ``the Secretary shall'' each place it - appears and inserting ``the Secretary, in consultation with the - Secretary of State, shall''; - (2) in paragraph (1)-- - (A) by striking ``December 31, 2021'' and inserting - ``December 31, 2024''; and - (B) by striking ``with a value'' and all that - follows through the ``subsection (a)''; and - (3) in paragraph (2), by striking ``December 31, 2021'' and - inserting ``December 31, 2024''. - -SEC. 843. REVISIONS TO REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS - FOR FOREIGN MILITARY SALES. - - (a) In General.--Section 830 of the National Defense Authorization -Act for Fiscal Year 2017 (22 U.S.C. 2762 note) is amended-- - (1) in subsection (a), by inserting ``and subject to - subsection (e)'' after ``enactment of this Act''; and - (2) by adding at the end the following new subsection: - ``(e) Applicability.--The regulations prescribed pursuant to -subsection (a) shall not apply to a foreign military sale for which the -foreign country that is the counterparty to such foreign military sale -has requested a modification to the defense service or defense article -that is the subject of such foreign military sale that would require -significant development work.''; and - (3) in subsection (c), by adding at the end the following - new sentence: ``The Secretary may not delegate the authority to - exercise such a waiver below the level of the service - acquisition executive (as defined in section 101(a)(10) of - title 10, United States Code).''. - (b) Implementation.--The Secretary of Defense shall-- - (1) not later than 120 days after the date of the enactment - of this Act, issue guidance to carry out the amendments made by - this section; and - (2) not later than February 1, 2021, revise the Department - of Defense Supplement to the Federal Acquisition Regulation to - carry out the amendments made by this section. - -SEC. 844. SMALL BUSINESS INDUSTRIAL BASE RESILIENCY PROGRAM. - - (a) Establishment.--The Assistant Secretary of Defense for -Industrial Base Policy (established under section 902 of this Act) -shall establish a program to be known as the ``Small Business -Industrial Base Resiliency Program'' under which the Assistant -Secretary shall enter into transactions to purchase or to make a -commitment to purchase goods or services from small business concerns -as described in subsection (b) to respond to the COVID-19 pandemic. - (b) Uses of Transactions.--A transaction entered into pursuant to -the authority under this section shall-- - (1) support the monitoring and assessment of small business - concerns that enter into such a transaction; - (2) address critical issues in the industrial base relating - to urgent operational needs in response to the COVID-19 - pandemic; - (3) support efforts to create, maintain, protect, expand, - or restore the industrial base in response to the COVID-19 - pandemic; and - (4) as applicable, address supply chain vulnerabilities - related to the COVID-19 pandemic for small business concerns - that enter into such a transaction. - (c) Duration.--The term of a transaction entered into pursuant to -the authority under this section shall be 2 years. - (d) Liabilities.--With respect to any transaction entered into -pursuant to the authority under this section on or after the date of -enactment of this Act, if such transaction imposes any contingent -liability upon the United States, such liability shall be recorded as -an obligation against amounts made available from the Research and -Development, Defense-Wide, Pandemic Preparedness and Resilience -National Security Fund under section 1003 in an amount equal to the -maximum amount of the contingency at the time such transaction is -entered into. - (e) Report.--Not later than March 1, 2021, the Assistant Secretary -of Defense for Industrial Base Policy shall submit to the appropriate -committees a report that includes the following: - (1) A description of any guidance or policy issued to carry - out this section. - (2) A description of any relevant assessments prepared to - address critical issues in the industrial base relating to - urgent operational needs related to the COVID-19 pandemic. - (3) A description of any transaction entered into pursuant - to the authority under this section, and the impact such - transaction has had on the response of the Department of - Defense to the COVID-19 pandemic. - (4) A prioritized list of gaps or vulnerabilities in the - transactions of the industrial base in which small business - concerns participate that are related the COVID-19 pandemic, - including-- - (A) a description of mitigation strategies - necessary to address such gaps or vulnerabilities; - (B) the identification of the Secretary concerned - or the head of the Defense Agency responsible for - addressing such gaps or vulnerabilities; and - (C) a proposed timeline for action to address such - gaps or vulnerabilities. - (5) Identification of each transaction designed to sustain - specific essential technological and industrial capabilities - and processes of the industrial base in which small business - concerns participate that are related to the COVID-19 pandemic. - (6) Any other steps necessary to foster and safeguard the - industrial base in which small business concerns participate - due to the impact of the COVID-19 pandemic. - (f) Funding.--The Assistant Secretary of Defense for Industrial -Base Policy shall use amounts authorized to be appropriated for -Research and Development, Defense-Wide, Pandemic Preparedness and -Resilience National Security Fund under section 1003 to carry out the -requirements of this section. - (g) Definitions.--In this Act: - (1) Appropriate committees.--The term ``covered - committees'' means-- - (A) the Committees on Armed Services of the Senate - and the House of Representatives; and - (B) the Committee on Small Business and - Entrepreneurship of the Senate and the Committee on - Small Business of the House of Representatives. - (2) COVID-19 pandemic.--The term ``COVID-19 pandemic'' - means the national emergency declared by the President under - the National Emergencies Act (50 U.S.C. 1601 et seq.). - (3) Defense agency.--The term ``Defense Agency'' has the - meaning given in section 101 of title 10, United States Code. - (4) Secretary concerned.--The term ``Secretary concerned'' - has the meaning given in section 101 of title 10, United States - Code. - (5) Small business concern.--The term ``small business - concern'' has the meaning given under section 3 of the Small - Business Act (15 U.S.C. 632)). - -SEC. 845. REQUIREMENTS RELATING TO REPORTS AND LIMITATIONS ON THE - AVAILABILITY OF FUNDS. - - (a) Limitation on the Availability of Funds Relating to the Defense -Civilian Training Corps Program.-- - (1) Initial plan and schedule.--Beginning on October 1, - 2020, if the Secretary of Defense has not submitted the plan - and schedule to implement the Defense Civilian Training Corps - program required under section 860(b)(1) of the National - Defense Authorization Act for Fiscal Year 2020 (Public Law 116- - 92; 133 Stat. 1514; 10 U.S.C. 2200g note), not more than 25 - percent of the funds specified in paragraph (3) may be - obligated or expended until the date on which such plan and - schedule has been submitted. - (2) Expansion plan and schedule.--Beginning on January 1, - 2021, if the Secretary of Defense has not submitted the - expansion plan and schedule relating to the Defense Civilian - Training Corps program required under section 860(b)(2) of the - National Defense Authorization Act for Fiscal Year 2020 (Public - Law 116-92; 133 Stat. 1514; 10 U.S.C. 2200g note), not more - than 50 percent of the funds specified in paragraph (3) may be - obligated or expended until the date on which such expansion - plan and schedule has been submitted. - (3) Funds specified.--The funds specified in this paragraph - are the funds authorized to be appropriated by this Act or - otherwise made available for fiscal year 2021 for the - Department of Defense for the following: - (A) The immediate office of the Secretary of - Defense. - (B) The Office of the Under Secretary of Defense - for Personnel and Readiness. - (C) The Office of the Under Secretary of Defense - for Research and Engineering. - (D) The Office of the Under Secretary of Defense - for Acquisition and Sustainment. - (b) Report and Limitation on the Availability of Funds Relating to -the Extramural Acquisition Innovation and Research Activities.-- - (1) Report.--Not later than October 1, 2020, the Under - Secretary of Defense for Acquisition and Sustainment shall - submit to the congressional defense committees a report-- - (A) on the establishment of the extramural - acquisition innovation and research activities required - under section 2361a of title 10, United States Code (as - added by section 835(a)(1) of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116- - 92; 133 Stat. 1494)); and - (B) that includes the name of the Director - appointed under section 2361a(c) of such title (as - added by section 835(a)(1) of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116- - 92; 133 Stat. 1494)). - (2) Limitation.-- - (A) In general.--Beginning on October 1, 2020, if - the Under Secretary of Defense for Acquisition and - Sustainment has not submitted the report required under - paragraph (1), not more than 25 percent of the funds - specified in subparagraph (B) may be obligated or - expended until the date on which such report has been - submitted. - (B) Funds specified.--The funds specified in this - subparagraph are the funds authorized to be - appropriated by this Act or otherwise made available - for fiscal year 2021 for the Department of Defense for - the following: - (i) The immediate office of the Secretary - of Defense. - (ii) The Office of the Under Secretary of - Defense for Research and Engineering. - (iii) The Office of the Under Secretary of - Defense for Acquisition and Sustainment. - (c) Report and Limitation on the Availability of Funds Relating to -the Eliminating the Gaps and Vulnerabilities in the National Technology -and Industrial Base.-- - (1) Report.--Not later than October 1, 2020, the Secretary - of Defense shall submit to the congressional defense committees - the national security strategy for national technology and - industrial base required by section 2501(a) of title 10, United - States Code. - (2) Limitation.-- - (A) In general.--Beginning on October 1, 2020, if - the Secretary of Defense has not submitted the report - required under paragraph (1), not more than 25 percent - of the funds specified in subparagraph (B) may be - obligated or expended until the date on which such - report has been submitted. - (B) Funds specified.--The funds specified in this - subparagraph are the funds authorized to be - appropriated by this Act or otherwise made available - for fiscal year 2021 for the Department of Defense for - the following: - (i) The immediate office of the Secretary - of Defense. - (ii) The Office of the Under Secretary of - Defense for Acquisition and Sustainment. - -SEC. 846. ASSESSMENT OF THE REQUIREMENTS PROCESSES OF THE MILITARY - DEPARTMENTS. - - (a) Assessment.--The Secretary of the military department concerned -shall assess the requirements process of the military department and -make recommendations to improve the agility and timeliness of such -requirements process for acquisition programs of the military -department. - (b) Report.-- - (1) In general.--Not later than March 31, 2021, each - Secretary of a military department shall submit to the - congressional defense committees a report on the assessment - conducted pursuant to subsection (a) and specific plans to - update the requirements processes of the military department - concerned based on such assessment. - (2) Elements.--Each report shall include an analysis of and - recommended improvements for the following elements: - (A) If appropriate, information from the report - required in section 800(f) of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116- - 92). - (B) The alignment of the requirements processes, - acquisition system, and budget process of the military - department concerned. - (C) The requirements process for each acquisition - pathway of the adaptive acquisition framework (as - described in Department of Defense Instruction 5000.02, - ``Operation of the Adaptive Acquisition Framework''), - including the time it takes to complete requirements - development and approval process for each pathway. - (D) For each acquisition pathway described in - subparagraph (C), the processes for and the extent to - which detailed systems engineering and requirements - trade-off analyses are done before the development of - requirements begins for a specific acquisition program - to ensure that risks are understood and accounted for - and that both top-level and derived requirements - (development as well as reliability and - maintainability) are achievable within cost, schedule, - and technology constraints. - (E) Organizational roles and responsibilities of - individuals with responsibilities relating to the - requirements process for the military department - concerned, including the role, composition, and metrics - used to assess the effectiveness of any requirements - oversight council of the military department concerned. - (F) The composition and sufficiency of individuals - who develop requirements for the military department - concerned, including any acquisition workforce planning - and personnel shortfalls and resources needed to - address any such shortfalls. - (G) The ability of the requirements process to - address the urgent needs of the military department - concerned. - (H) The capacity to review changes in requirements - for programs of record. - (I) The validation of decisions made from the - requirements process and the alignment of each such - decision to the national defense strategy required - under section 113(g) of title 10, United States Code. - (J) The use of portfolio management in the - requirements process to coordinate decisions and avoid - any duplication of requirements across acquisition - programs. - (K) The implementation of recommendations on the - process from the Comptroller General of the United - States by each military department. - (L) Identification and comparison of best practices - in the private sector and the public sector for the - requirements development and approval process. - (M) Other recommendations to improve the process of - establishing requirements, including lessons learned - from responding to the COVID-19 pandemic. - (N) Any additional matters that the Secretaries - determine appropriate. - -SEC. 847. REPORT ON TRANSFER AND CONSOLIDATION OF CERTAIN DEFENSE - ACQUISITION STATUTES. - - Not later than February 21, 2021, the Secretary of Defense shall -submit to the congressional defense committees a report containing a -comprehensive legislative proposal for the transfer and consolidation -of statutes within the framework for part V of subtitle A of title 10, -United States Code (as enacted by section 801 of the National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232)), along -with conforming amendments to law required by such transfer and -consolidation. Such report shall include an assessment of the effect of -such transfer and consolidation on related Department of Defense -activities, guidance, and interagency coordination. - -SEC. 848. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR - REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT OF - 1938. - - The head of a Federal department or agency (as defined in section -102 of title 40, United States Code) shall initiate a debarment -proceeding with respect to a person for whom information regarding four -or more willful or repeated violation of the Fair Labor Standards Act -of 1938 (29 U.S.C. 201 et seq.) as determined by a disposition -described under subsection (c)(1) of section 2313 of title 41, United -States Code, and issued in the last 4 years, is included in the -database established under subsection (a) of such section. The head of -the department or agency shall use discretion in determining whether -the debarment is temporary or permanent. - -SEC. 849. REESTABLISHMENT OF COMMISSION ON WARTIME CONTRACTING. - - (a) In General.--There is hereby reestablished in the legislative -branch under section 841 of the National Defense Authorization Act for -Fiscal Year 2008 (Public Law 110-181; 122 Stat. 230) the Commission on -Wartime Contracting. - (b) Amendment to Duties.--Section 841(c)(1) of the National Defense -Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. -231) is amended to read as follows: - ``(1) General duties.--The Commission shall study the - following matters: - ``(A) Federal agency contracting funded by overseas - contingency operations funds. - ``(B) Federal agency contracting for the logistical - support of coalition forces operating under the - authority of the 2001 or 2002 Authorization for the Use - of Military Force. - ``(C) Federal agency contracting for the - performance of security functions in countries where - coalition forces operate under the authority of the - 2001 or 2002 Authorization for the Use of Military - Force''. - (c) Conforming Amendments.--Section 841 of the National Defense -Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. -230) is amended-- - (1) in subsection (b)-- - (A) in paragraph (1), by striking ``the Committee - on Oversight and Government Reform'' each place it - appears and inserting ``the Committee on Oversight and - Reform''; - (B) in paragraph (2), by striking ``of this Act'' - and inserting ``of the Wartime Contracting Commission - Reauthorization Act of 2019''; and - (C) in paragraph (4), by striking ``was first - established'' each place it appears and inserting ``was - reestablished by the Wartime Contracting Commission - Reauthorization Act of 2019''; and - (2) in subsection (d)(1), by striking ``On March 1, 2009'' - and inserting ``Not later than 1 year after the date of - enactment of the Wartime Contracting Commission Reauthorization - Act of 2019''. - -SEC. 850. REPORT ON CERTAIN CONTRACTS RELATING TO CONSTRUCTION OR - MAINTENANCE OF A BORDER WALL. - - The Secretary of Defense shall include on a public website of the -Department of Defense a list of any contracts, including any task order -contract (as such term is defined in section 2304d of title 10, United -States Code) and any modifications to a contract, entered into by the -Secretary relating to the construction or maintenance of a barrier -along the international border between the United States and Mexico -that have an estimated value equal to or greater than $7,000,000. - -SEC. 851. CONGRESSIONAL OVERSIGHT OF PRIVATE SECURITY CONTRACTOR - CONTRACTS. - - (a) Report of Certain Contracts and Task Orders.-- - (1) Requirement regarding contracts and task orders.--The - Inspector General of the Department of Defense shall compile a - report of the work performed or to be performed under a covered - contract during the period beginning on October 1, 2001, and - ending on the last day of the month during which this Act is - enacted for work performed or work to be performed in areas of - contingency operations. - (2) Form of submissions.--The report required by paragraph - (1) shall be submitted in unclassified form, to the maximum - extent possible, but may contain a classified annex, if - necessary. - (b) Reports on Contracts for Work To Be Performed in Areas of -Contingency Operations and Other Significant Military Operations.--The -Inspector General of the Department of Defense shall submit to each -specified congressional committee a report not later than 60 days after -the date of the enactment of this Act that contains the following -information: - (1) The number of civilians performing work in areas of - contingency operations under covered contracts. - (2) The total cost of such covered contracts. - (3) The total number of civilians who have been wounded or - killed in performing work under such covered contracts. - (4) A description of the disciplinary actions that have - been taken against persons performing work under such covered - contracts by the contractor, the United States Government, or - the government of any country in which the area of contingency - operations is located. - (c) Definitions.--In this section: - (1) Covered contract.--The term ``covered contract'' means - a contract for private security entered into by the Secretary - of Defense in an amount greater than $5,000,000. - (2) Contingency operation.--The term ``contingency - operation'' has the meaning provided by section 101(a)(13) of - title 10, United States Code. - (3) Specified congressional committees.--The term - ``specified congressional committees'' means the Committees on - Armed Services of the Senate and the House of Representatives. - -SEC. 852. REVISIONS TO THE UNIFIED FACILITIES CRITERIA REGARDING THE - USE OF VARIABLE REFRIGERANT FLOW SYSTEMS. - - (a) In General.--The Under Secretary of Defense for Acquisition and -Sustainment shall publish any proposed revisions to the Unified -Facilities Criteria regarding the use of variable refrigerant flow -systems in the Federal Register and shall specify a comment period of -at least 60 days. - (b) Notice.--The Secretary shall submit to the Committees on Armed -Services of the House of Representatives and the Senate a written -notice and justification for any proposed revisions to the Unified -Facilities Criteria regarding the use of variable refrigerant flow -systems not later than 30 days after the date of publication in the -Federal Register. + (1) by striking ``December 31, 2021'' each place it appears and + inserting ``December 31, 2022''; and + (2) by adding at the end the following new paragraph: + ``(3) Applicability.--The requirements of this subsection apply + only to foreign military sales processes within the Department of + Defense.''. + SEC. 888. REVISION TO REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS + FOR FOREIGN MILITARY SALES. + Section 830 of the National Defense Authorization Act for Fiscal +Year 2017 (22 U.S.C. 2762 note) is repealed. + SEC. 889. ASSESSMENT AND ENHANCEMENT OF NATIONAL SECURITY + INNOVATION BASE. + (a) In General.--The Secretary of Defense shall assess the economic +forces and structures shaping the capacity of the national security +innovation base, and develop policies to address such forces and +structures. + (b) Elements.--The assessment required under subsection (a) shall +review the following matters as they pertain to the innovative and +manufacturing capacity of the national security innovation base: + (1) A detailed description of the entities comprising the + national security innovation base and how they currently interact. + (2) Competition and antitrust policy. + (3) Immigration policy, including the policies germane to the + attraction and retention of skilled immigrants. + (4) Education funding and policy. + (5) Demand stabilization and social safety net policies. + (6) The structure and incentives of financial markets and the + effects of such on the access of businesses to credit. + (7) Trade policy, including export control policy and trade + remedies. + (8) The tax code and its effect on investment, including the + Federal research and development tax credit. + (9) Regulatory policy, including with respect to land use, + environmental impact, and construction and manufacturing + activities. + (10) Economic and manufacturing infrastructure. + (11) Intellectual property policy. + (12) Federally funded investments in the economy, including + investments in research and development and advanced manufacturing. + (13) Federally funded purchases of goods and services. + (14) Federally funded investments to expand domestic + manufacturing capabilities. + (15) Coordination and collaboration with allies and partners. + (16) Measures to protect technological advantages over + adversaries and to counteract hostile or destabilizing activity by + adversaries. + (17) Other matters as the Secretary of Defense deems + appropriate. + (c) Engagement With Certain Entities.--In conducting the assessment +required under subsection (a), the Secretary of Defense shall engage +through appropriate mechanisms with-- + (1) the Defense Science Board; + (2) the Defense Innovation Board; + (3) the Defense Business Board; + (4) entities representing industry interests; and + (5) entities representing labor interests. + (d) Submission of Assessment.--Not later than March 1, 2022, the +Secretary of Defense shall submit to the President, the Director of the +Office of Management and Budget, the Assistant to the President for +National Security Affairs, the Director of the National Economic +Council, and the congressional defense committees the assessment +required under subsection (a), together with recommendations and any +additional views of the Secretary. + SEC. 890. IDENTIFICATION OF CERTAIN CONTRACTS RELATING TO + CONSTRUCTION OR MAINTENANCE OF A BORDER WALL. + With respect to contract actions reported to the Federal +Procurement Data system established pursuant to section 1122(a)(4) of +title 41, United States Code (or any successor system), the Secretary +of Defense shall identify any contracts (including any task order +contract (as defined in section 2304d of title 10, United States Code) +and any modifications to a contract) entered into by the Secretary +relating to the construction or maintenance of a barrier along the +international border between the United States and Mexico that have an +estimated value greater than or equal to $7,000,000. + SEC. 891. WAIVERS OF CERTAIN CONDITIONS FOR PROGRESS PAYMENTS UNDER + CERTAIN CONTRACTS DURING THE COVID-19 NATIONAL EMERGENCY. + (a) Waiver of Progress Payments Requirements.--The Secretary of +Defense may waive the requirements of section 2307(e)(2) of title 10, +United States Code, with respect to progress payments for any +undefinitized contractual action (as defined in section 2326 of title +10, United States Code; in this section referred to as ``UCA'') if the +Secretary determines that the waiver is necessary due to the national +emergency for the Coronavirus Disease 2019 (COVID-19) and-- + (1) a contractor performing the contract for which a UCA is + entered into has not already received increased progress payments + from the Secretary of Defense on contractual actions other than + UCAs; or + (2) a contractor performing the contract for which a UCA is + entered into, and that has received increased progress payments + from the Secretary of Defense on contractual actions other than + UCAs, can demonstrate that the contractor has promptly provided the + amount of the increase to any subcontractors (at any tier), small + business concerns (as defined under section 3 of the Small Business + Act (15 U.S.C. 632)), or suppliers of the contractor. + (b) Definitization.--With respect to a UCA that not been +definitized for a period of 180 days beginning on the date on which +such UCA was entered into, the Secretary of Defense may only use the +waiver authority described in subsection (a) if the Secretary (or a +designee at a level not below the head of a contracting activity) +provides a certification to the congressional defense committees that +such UCA will be definitized within 60 days after the date on which the +waiver is issued. + (c) Submission.--For each use of the waiver authority under +subsection (a), the Secretary of Defense shall submit to the +congressional defense committees an estimate of the amounts to be +provided to subcontractors (at any tier), small business concerns, and +suppliers, including an identification of the specific entities +receiving an amount from an increased progress payment described under +such subsection (a). TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A--Office of the Secretary of Defense and Related Matters -SEC. 901. REPEAL OF POSITION OF CHIEF MANAGEMENT OFFICER. - - (a) Repeal of Position of Chief Management Officer.-- - (1) In general.--Section 132a of title 10, United States - Code is repealed. - (2) Conforming amendments and repeals.-- - (A) Paragraph (2) of section 131(b) of title 10, - United States Code, is repealed. - (B) The table of sections at the beginning of - chapter 4 of title 10, United States Code, is amended - by striking the item relating to section 132a. - (C) Section 910 of the National Defense - Authorization Act for Fiscal Year 2018 (Public Law 115- - 91; 131 Stat. 1516) is repealed. - (3) Effective date.--The amendments and repeals made by - paragraphs (1) and (2) shall take effect 30 days after the date - of the enactment of this Act. - (b) Implementation.--On the effective date of the amendments and -repeals under subsection (a)-- - (1) any duties and responsibilities that remain assigned to - the Chief Management Officer of the Department of Defense shall - be transferred to a single official selected by the Secretary - of Defense, except that such official may not be an individual - who served as the Chief Management Officer before such - effective date; - (2) the personnel, functions, and assets of the Office of - the Chief Management Officer shall be transferred to such other - organizations and elements of the Department as the Secretary - determines appropriate; and - (3) any reference in Federal law, regulations, guidance, - instructions, or other documents of the Federal Government to - the Chief Management Officer of the Department of Defense shall - be deemed to be a reference to the official selected by the - Secretary under paragraph (1)). - (c) Legislative Proposal.--Not later than 180 days after the date -of the enactment of this Act, the Secretary of Defense shall submit to -the congressional defense committees a report that includes a -comprehensive legislative proposal for additional conforming amendments -to law required by the amendments and repeals made by this section. - -SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE POLICY. +Sec. 901. Repeal of position of Chief Management Officer of the + Department of Defense. +Sec. 902. Assistant Secretary of Defense for Special Operations and Low + Intensity Conflict and related matters. +Sec. 903. Assistant Secretary of Defense for Industrial Base Policy. +Sec. 904. Assistant Secretary of Defense for Energy, Installations, and + Environment. +Sec. 905. Office of Local Defense Community Cooperation. +Sec. 906. Input from the Vice Chief of the National Guard Bureau to the + Joint Requirements Oversight Council. +Sec. 907. Assignment of responsibility for the Arctic region within the + Office of the Secretary of Defense. +Sec. 908. Modernization of process used by the Department of Defense to + identify, task, and manage Congressional reporting + requirements. - (a) In General.-- - (1) Assistant secretaries of defense.--Section 138 of title - 10, United States Code, is amended-- - (A) in subsection (a)(1), by striking ``13'' and - inserting ``14''; and - (B) in subsection (b), by adding at the end the - following new paragraph: - ``(6) One of the Assistant Secretaries is the Assistant - Secretary of Defense for Industrial Base Policy. In addition to - any duties and powers prescribed under paragraph (1), the - Assistant Secretary of Defense for Industrial Base Policy shall - have the duties described in section 139c of this title.''. - (2) Assistant secretary of defense for industrial base - policy.--Chapter 4 of subtitle A of title 10, United States - Code, is amended by inserting after section 139b the following - new section: -``Sec. 139c. Assistant Secretary of Defense for Industrial Base Policy - ``(a) In General.--The Assistant Secretary of Defense for -Industrial Base Policy shall report to the Under Secretary of Defense -for Acquisition and Sustainment. - ``(b) Responsibilities.--The Assistant Secretary of Defense for -Industrial Base Policy shall be the head of the Office of Defense -Industrial Base Policy and shall serve as the principal advisor to the -Under Secretary of Defense for Acquisition and Sustainment in the -performance of the Under Secretary's duties relating to the following: - ``(1) Providing input to strategy reviews on matters - related to-- - ``(A) the defense industrial base; and - ``(B) materials critical to national security (as - defined in section 187(e)(1) of this title). - ``(2) Establishing policies of the Department of Defense - for developing and maintaining the defense industrial base of - the United States and ensuring a secure supply of materials - critical to national security. - ``(3) Providing recommendations on budget matters - pertaining to the defense industrial base, the supply chain, - and the development and retention of skills necessary to - support the defense industrial base. - ``(4) Providing recommendations and acquisition policy - guidance on defense supply chain management and supply chain - vulnerability throughout the entire defense supply chain, from - suppliers of raw materials to producers of major end items. - ``(5) Establishing the national security objectives - concerning the national technology and industrial base required - under section 2501 of this title. - ``(6) Executing the national defense program for analysis - of the national technology and industrial base required under - section 2503 of this title. - ``(7) Performing the national technology and industrial - base periodic defense capability assessments required under - section 2505 of this title. - ``(8) Establishing the technology and industrial base - policy guidance required under section 2506 of this title. - ``(9) Providing policy and oversight of matters related to - materials critical to national security to ensure a secure - supply of such materials to the Department of Defense. - ``(10) Carrying out the activities of the Department of - Defense relating to the Defense Production Act Committee - established under section 722 of the Defense Production Act of - 1950 (50 U.S.C. App. 2171). - ``(11) Consistent with section 2(b) of the Defense - Production Act of 1950 (50 U.S.C. App. 2062(b)), executing - other applicable authorities provided under the Defense - Production Act of 1950 (50 U.S.C. App. 2061 et seq.), including - authorities under titles I and III of such Act. - ``(12) Establishing Department of Defense policies related - to international defense technology security and export control - issues. - ``(13) Establishing policies related to industrial - independent research and development programs under section - 2372 of this title. - ``(14) Coordinating with the Director of Small Business - Programs on all matters related to industrial base policy of - the Department of Defense. - ``(15) Ensuring reliable sources of materials critical to - national security, such as specialty metals, armor plate, and - rare earth elements. - ``(16) Establishing policies of the Department of Defense - for continued reliable resource availability from secure - sources for the defense industrial base of the United States. - ``(17) Establishing policies related to a procurement - technical assistance program funded under this chapter 142 of - this title. - ``(18) Such other duties as are assigned by the Under - Secretary. - ``(c) Rules of Construction Relating to Defense Production Act.-- -Nothing in this section shall be construed to modify the authorities or -responsibilities of any officer or employee of the United States under -the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including -those authorities and responsibilities specified in Department of -Defense Directive 4400.01E (or any successor directive). In addition, -nothing in subsection (b)(9) shall be construed to limit the authority -or modify the policies of the Committee on Foreign Investment in the -United States established under section 721(k) of such Act (50 U.S.C. -4565(k)).''. - (3) Clerical amendment.--The table of contents for chapter - 4 of subtitle A of title 10, United States Code, is amended by - inserting after the item relating to section 139b the following - new item: + Subtitle B--Other Department of Defense Organization and Management + Matters + +Sec. 911. Reform of the Department of Defense. +Sec. 912. Limitation on reduction of civilian workforce. +Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and + Inclusion. +Sec. 914. Limitation on consolidation or transition to alternative + content delivery methods within the Defense Media Activity. + + Subtitle C--Space Force Matters + +Sec. 921. Office of the Chief of Space Operations. +Sec. 922. Clarification of Space Force and Chief of Space Operations + authorities. +Sec. 923. Amendments to Department of the Air Force provisions in title + 10, United States Code. +Sec. 924. Amendments to other provisions of title 10, United States + Code. +Sec. 925. Amendments to provisions of law relating to pay and + allowances. +Sec. 926. Amendments to provisions of law relating to veterans' + benefits. +Sec. 927. Amendments to other provisions of the United States Code and + other laws. +Sec. 928. Applicability to other provisions of law. +Sec. 929. Temporary exemption from authorized daily average of members + in pay grades E-8 and E-9. +Sec. 930. Limitation on transfer of military installations to the + jurisdiction of the Space Force. +Sec. 931. Organization of the Space Force. -``139c. Assistant Secretary of Defense for Industrial Base Policy.''. - (b) Continuation of Service.--The Deputy Assistant Secretary of -Defense for Industrial Policy shall be the individual serving as the -Assistant Secretary of Defense for Industrial Base Policy (as -established under section 139c(a) of title 10, United States Code, as -added by subsection (a)) until the President has appointed an -individual to serve as Assistant Secretary of Defense for Industrial -Base Policy pursuant to section 138 of title 10, United States Code. - (c) Transfer of Office of Industrial Policy to Office of Defense -Industrial Base Policy.-- - (1) Transfer of functions.--Not later than 180 days after - the date of the enactment of this Act, all functions that, - immediately before such date of enactment, were functions of - the Office of Industrial Policy of the Department of Defense - shall be transferred to the Office of Defense Industrial Base - Policy. - (2) Transfer of assets.--So much of the personnel, - property, records, and unexpended balances of appropriations, - allocations, and other funds employed, used, held, available, - or to be made available in connection with a function - transferred under paragraph (1) shall be available to the - Office of Defense Industrial Base Policy at such time or times - as the President directs for use in connection with the - functions transferred. - (3) Termination.--The Office of Industrial Policy of the - Department of Defense shall terminate on the earlier of-- - (A) the effective date of the transfers under - paragraph (1); or - (B) 180 days after the date of the enactment of - this Act. - -SEC. 903. ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION WITHIN THE - OFFICE OF THE SECRETARY OF DEFENSE. + Subtitle A--Office of the Secretary of Defense and Related Matters + SEC. 901. REPEAL OF POSITION OF CHIEF MANAGEMENT OFFICER OF THE + DEPARTMENT OF DEFENSE. + (a) Repeal of Position.-- + (1) In general.--Section 132a of title 10, United States Code + is repealed. + (2) Conforming repeals.--The following provisions of law are + repealed: + (A) Paragraph (2) of section 131(b) of title 10, United + States Code. + (B) Section 910 of the National Defense Authorization Act + for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1516). + (3) Clerical amendment.--The table of sections at the beginning + of chapter 4 of title 10, United States Code, is amended by + striking the item relating to section 132a. + (4) Effective date.--The repeals and amendments made by this + subsection shall take effect on the date of the enactment of this + Act. + (b) Implementation.--Not later than one year after the date of the +enactment of this Act-- + (1) each duty or responsibility that remains assigned to the + Chief Management Officer of the Department of Defense shall be + transferred to an officer or employee of the Department of Defense + designated by the Secretary of Defense, except that any officer or + employee so designated may not be an individual who served as the + Chief Management Officer before the date of the enactment of this + Act; and + (2) the personnel, functions, and assets of the Office of the + Chief Management Officer shall be transferred to such other + organizations and elements of the Department as the Secretary + considers appropriate. + (c) References.--Any reference in any law, regulation, guidance, +instruction, or other document of the Federal Government to the Chief +Management Officer of the Department of Defense shall be deemed to +refer to the applicable officer or employee of the Department of +Defense designated by the Secretary of Defense under subsection (b)(1). + (d) Report.--Not later than one year after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report that sets forth such +recommendations for legislative action as the Secretary considers +appropriate for modifications to law to carry out this section and the +repeals and amendments made by this section. + SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND + LOW INTENSITY CONFLICT AND RELATED MATTERS. + (a) In General.-- + (1) Clarification of chain of administrative command.--Section + 138(b)(2) of title 10, United States Code, is amended-- + (A) by redesignating clauses (i), (ii), and (iii) of + subparagraph (B) as subclauses (I), (II), and (III), + respectively; + (B) by redesignating subparagraphs (A) and (B) as clauses + (i) and (ii), respectively; + (C) by inserting ``(A)'' after ``(2)''; + (D) in clause (i) of subparagraph (A), as redesignated by + this paragraph, by inserting before the period at the end the + following: ``through the administrative chain of command + specified in section 167(f) of this title;'' and + (E) by adding at the end the following new subparagraph: + ``(B) In the discharge of the responsibilities specified in +subparagraph (A)(i), the Assistant Secretary is immediately subordinate +to the Secretary of Defense. Unless otherwise directed by the +President, no officer below the Secretary may intervene to exercise +authority, direction, or control over the Assistant Secretary in the +discharge of such responsibilities.''. + (2) Technical amendment.--Subparagraph (A) of such section, as + redesignated by paragraph (1), is further amended in the matter + preceding clause (i), as so redesignated, by striking ``section + 167(j)'' and inserting ``section 167(k)''. + (b) Fulfillment of Special Operations Responsibilities.-- + (1) In general.--Section 139b of title 10, United States Code, + is amended to read as follows: +``Sec. 139b. Secretariat for Special Operations; Special Operations + Policy and Oversight Council + ``(a) Secretariat for Special Operations.-- + ``(1) In general.--In order to fulfill the responsibilities of + the Assistant Secretary of Defense for Special Operations and Low + Intensity Conflict specified in section 138(b)(2)(A)(i) of this + title, there shall be within the Office of the Assistant Secretary + of Defense for Special Operations and Low Intensity Conflict an + office to be known as the `Secretariat for Special Operations'. + ``(2) Purpose.--The purpose of the Secretariat is to assist the + Assistant Secretary in exercising authority, direction, and control + with respect to the special operations-peculiar administration and + support of the special operations command, including the readiness + and organization of special operations forces, resources and + equipment, and civilian personnel as specified in such section. + ``(3) Director.--The Director of the Secretariat for Special + Operations shall be appointed by the Secretary of Defense from + among individuals qualified to serve as the Director. An individual + serving as Director shall, while so serving, be a member of the + Senior Executive Service. + ``(4) Administrative chain of command.--For purposes of the + support of the Secretariat for the Assistant Secretary in the + fulfillment of the responsibilities referred to in paragraph (1), + the administrative chain of command is as specified in section + 167(f) of this title. Unless otherwise directed by the President, + no officer below the Secretary of Defense (other than the Assistant + Secretary) may intervene to exercise authority, direction, or + control over the Secretariat in its support of the Assistant + Secretary in the discharge of such responsibilities. + ``(b) Special Operations Policy and Oversight Council.-- + ``(1) In general.--In order to fulfill the responsibilities + specified in section 138(b)(2)(A)(i) of this title, the Assistant + Secretary of Defense for Special Operations and Low Intensity + Conflict shall establish and lead a team known as the `Special + Operation Policy and Oversight Council' (in this subsection + referred to as the `Council'). + ``(2) Purpose.--The purpose of the Council is to integrate the + functional activities of the headquarters of the Department of + Defense in order to most efficiently and effectively provide for + special operations forces and capabilities. In fulfilling this + purpose, the Council shall develop and continuously improve policy, + joint processes, and procedures that facilitate the development, + acquisition, integration, employment, and sustainment of special + operations forces and capabilities. + ``(3) Membership.--The Council shall include the following: + ``(A) The Assistant Secretary. + ``(B) Appropriate senior representatives of each of the + following: + ``(i) The Under Secretary of Defense for Research and + Engineering. + ``(ii) The Under Secretary of Defense for Acquisition + and Sustainment. + ``(iii) The Under Secretary of Defense (Comptroller). + ``(iv) The Under Secretary of Defense for Personnel and + Readiness. + ``(v) The Under Secretary of Defense for Intelligence. + ``(vi) The General Counsel of the Department of + Defense. + ``(vii) The other Assistant Secretaries of Defense + under the Under Secretary of Defense for Policy. + ``(viii) The military departments. + ``(ix) The Joint Staff. + ``(x) The United States Special Operations Command. + ``(xi) Such other officers or Agencies, elements, or + components of the Department of Defense as the Secretary of + Defense considers appropriate. + ``(4) Operation.--The Council shall operate continuously.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 4 of such title is amended by striking the item relating + to section 139b and inserting the following new item: + +``139b. Secretariat for Special Operations; Special Operations Policy + and Oversight Council.''. + + (c) DoD Directive on Responsibilities of ASD SOLIC.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense shall publish a + Department of Defense directive establishing policy and procedures + related to the exercise of authority, direction, and control of all + special-operations peculiar administrative matters relating to the + organization, training, and equipping of special operations forces + by the Assistant Secretary of Defense for Special Operations and + Low Intensity Conflict as specified by section 138(b)(2)(A)(i) of + title 10, United States Code, as amended by subsection (a)(1). + (2) Matters for including.--The directive required by paragraph + (1) shall include the following: + (A) A specification of responsibilities for coordination on + matters affecting the organization, training, and equipping of + special operations forces. + (B) An identification and specification of updates to + applicable documents and instructions of the Department of + Defense. + (C) Mechanisms to ensure the inclusion of the Assistant + Secretary in all Departmental governance forums affecting the + organization, training, and equipping of special operations + forces. + (D) Such other matters as the Secretary considers + appropriate. + (3) Applicability.-- The directive required by paragraph (1) + shall apply throughout the Department of Defense to all components + of the Department of Defense. + (4) Limitation on availability of certain funding pending + publication.--Of the amounts authorized to be appropriated by this + Act for fiscal year 2021 for operation and maintenance, Defense- + wide, and available for the Office of the Secretary of Defense, not + more than 75 percent may be obligated or expended until the date + that is 15 days after the date on which the Secretary publishes the + directive required by paragraph (1). + SEC. 903. ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE + POLICY. + (a) Increase in Authorized Number of Assistant Secretaries of +Defense.--Subsection (a)(1) of section 138 of title 10, United States +Code, is amended by striking ``13'' and inserting ``14''. + (b) Assistant Secretary of Defense for Industrial Base Policy.-- +Subsection (b) of that section is amended by adding at the end the +following new paragraph: + ``(6) One of the Assistant Secretaries is the Assistant Secretary +of Defense for Industrial Base Policy. The Assistant Secretary shall-- + ``(A) advise the Under Secretary of Defense for Acquisition and + Sustainment on industrial base policies; and + ``(B) perform other duties as directed by the Under + Secretary.''. + SEC. 904. ASSISTANT SECRETARY OF DEFENSE FOR ENERGY, INSTALLATIONS, + AND ENVIRONMENT. + (a) Increase in Authorized Number of Assistant Secretaries of +Defense.--Subsection (a)(1) of section 138 of title 10, United States +Code, as amended by section 903 of this Act, is further amended by +striking ``14'' and inserting ``15''. + (b) Assistant Secretary of Defense for Energy, Installations, and +Environment.--Subsection (b) of that section, as so amended, is further +amended by adding at the end the following new paragraph: + ``(7) One of the Assistant Secretaries is the Assistant Secretary +of Defense for Energy, Installations, and Environment. The principal +duty of the Assistant Secretary shall be the overall supervision of +matters relating to energy, installations, and the environment for the +Department of Defense.''. + SEC. 905. OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION. + (a) Acknowledgment in Law and Redesignation of Office of Economic +Adjustment as Office of Local Defense Community Cooperation.-- + (1) In general.--Chapter 4 of title 10, United States Code, is + amended by adding at the end the following new section: +``Sec. 146. Office of Local Defense Community Cooperation + ``(a) In General.--There is in the Office of the Secretary of +Defense an office to be known as the Office of Local Defense Community +Cooperation (in this section referred to as the `Office'). + ``(b) Director.--The Office shall be headed by the Director of the +Office of Local Defense Community Cooperation, who shall be appointed +by the Under Secretary of Defense for Acquisition and Sustainment from +among civilian employees of the Federal Government or private +individuals who have the following: + ``(1) Experience in the interagency in the Executive Branch. + ``(2) Experience in the administration and management of + Federal grants programs. + ``(c) Duties.--The Office shall-- + ``(1) serve as the office in the Department of Defense with + primary responsibility for-- + ``(A) providing assistance to States, counties, + municipalities, regions, and other communities to foster + cooperation with military installations to enhance the military + mission, achieve facility and infrastructure savings and + reduced operating costs, address encroachment and compatible + land use issues, support military families, and increase + military, civilian, and industrial readiness and resiliency; + and + ``(B) providing adjustment and diversification assistance + to State and local governments under section 2391(b) of this + title to achieve the objectives described in subparagraph (A); + ``(2) coordinate the provision of such assistance with other + organizations and elements of the Department; + ``(3) provide support to the Economic Adjustment Committee + established under Executive Order No. 12788 (57 Fed. Reg. 2213; 10 + U.S.C. 2391 note) or any successor to such Committee; and + ``(4) carry out such other activities as the Under Secretary of + Defense for Acquisition and Sustainment considers appropriate. + ``(d) Annual Report to Congress.--Not later than June 1 each year, +the Director of the Office of Local Defense Community Cooperation shall +submit to the congressional defense committees a report on the +activities of the Office during the preceding year, including the +assistance provided pursuant to subsection (c)(1) during such year.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 4 of such title is amended by adding at the end the + following new item: + +``146. Office of Local Defense Community Cooperation.''. + + (b) Limitation on Involuntary Separation of Personnel.--No +personnel of the Office of Local Defense Community Cooperation under +section 146 of title 10, United States Code (as added by subsection +(a)), may be involuntarily separated from service with that Office +during the one-year period beginning on the date of the enactment of +this Act, except for cause. + (c) Administration of Programs.--Any program, project, or other +activity administered by the Office of Economic Adjustment of the +Department of Defense as of the date of the enactment of this Act shall +be administered by the Office of Local Defense Community Cooperation +under section 146 of title 10, United States Code (as so added), after +that date. + SEC. 906. INPUT FROM THE VICE CHIEF OF THE NATIONAL GUARD BUREAU TO + THE JOINT REQUIREMENTS OVERSIGHT COUNCIL. + (a) In General.--Section 181(d) of title 10, United States Code, is +amended by adding at the end the following new paragraph: + ``(4) Input from vice chief of the national guard bureau.--The + Council shall seek, and strongly consider, the views of the Vice + Chief of the National Guard Bureau regarding non-Federalized + National Guard capabilities in support of homeland defense and + civil support missions.''. + (b) Technical Amendment.--Paragraph (1)(D) of such section is +amended by striking ``the'' and inserting ``The''. + SEC. 907. ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION WITHIN + THE OFFICE OF THE SECRETARY OF DEFENSE. The Assistant Secretary of Defense for International Security Affairs shall assign responsibility for the Arctic region to the Deputy Assistant Secretary of Defense for the Western Hemisphere or any other Deputy Assistant Secretary of Defense the Secretary of Defense considers appropriate. + SEC. 908. MODERNIZATION OF PROCESS USED BY THE DEPARTMENT OF + DEFENSE TO IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING + REQUIREMENTS. + (a) Ongoing Analysis Required.--The Assistant Secretary of Defense +for Legislative Affairs shall conduct on an ongoing basis an analysis +of the process used by the Department of Defense to identify reports to +Congress required by annual national defense authorization Acts, assign +responsibility for preparation of such reports, and manage the +completion and delivery of such reports to Congress for the purpose of +identifying mechanisms to optimize and otherwise modernize the process. + (b) Consultation.--The Assistant Secretary shall conduct the +analysis required by subsection (a) with the assistance of and in +consultation with the Chief Information Officer of the Department of +Defense. + (c) Elements.--The analysis required by subsection (a) shall +include the following: + (1) A business process reengineering of the process described + in subsection (a). + (2) An assessment of applicable commercially available + analytics tools, technologies, and services in connection with such + business process reengineering. + (3) Such other actions as the Assistant Secretary considers + appropriate for purposes of the analysis. Subtitle B--Other Department of Defense Organization and Management Matters -SEC. 911. LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE. - + SEC. 911. REFORM OF THE DEPARTMENT OF DEFENSE. + (a) Reform of the Department of Defense.-- + (1) In general.--Chapter 3 of title 10, United States Code, is + amended by inserting after section 125 the following new section: +``Sec. 125a. Reform: improvement of efficacy and efficiency + ``(a) In General.--The Secretary of Defense shall take such action +as is necessary to reform the Department of Defense to improve the +efficacy and efficiency of the Department, and to improve the ability +of the Department to prioritize among and assess the costs and benefits +of covered elements of reform. + ``(b) Policy.--The Secretary shall develop a policy and issue +guidance to implement reform within the Department and to improve the +ability of the Department to prioritize among and assess the costs and +benefits of covered elements of reform. + ``(c) Framework for Reform.-- + ``(1) In general.--Not later than February 1, 2022, the + Secretary shall establish policies, guidance, and a consistent + reporting framework to measure the progress of the Department + toward covered elements of reform, including by establishing + categories of reform, consistent metrics, and a process for + prioritization of reform activities. + ``(2) Scope.--The framework required by paragraph (1) may + address duties under the following: + ``(A) Section 125 of this title. + ``(B) Section 192 of this title. + ``(C) Section 2222 of this title. + ``(D) Section 1124 of title 31. + ``(E) Section 11319 of title 40. + ``(3) Consultation.--The Secretary shall consult with the + Deputy Secretary of Defense, the Performance Improvement Officer of + the Department of Defense, the Chief Data Officer of the Department + of Defense, the Chief Information Officer of the Department of + Defense, and the financial managers of the military departments in + carrying out activities under this subsection. + ``(d) Covered Elements of Reform.--For purposes of this section and +the policies, guidance, and reporting framework required by subsection +(c), covered elements of reform may include the following: + ``(1) Business systems modernization. + ``(2) Enterprise business operations process re-engineering. + ``(3) Expanded and modernized collection, management, + dissemination, and visualization of data to support decision-making + at all levels of the enterprise. + ``(4) Improvements in workforce training and education and + increasing capabilities of the Department workforce to support and + execute reform activities and business processes. + ``(5) Improvements to decision-making processes to enable cost + savings, cost avoidance, or investments to develop process + improvements. + ``(6) Such other elements as the Secretary considers + appropriate. + ``(e) Annual Report.--At the same time the budget of the President +for a fiscal year is submitted to Congress pursuant to section 1105 of +title 31, the Secretary shall, using the policies, guidance, and +reporting framework required by subsection (c), submit to the +congressional defense committees a report, including detailed narrative +justifications and tradeoff analyses between options, on the actions of +the Department as follows: + ``(1) The activities, expenditures, and accomplishments carried + out or made to effect reform under this section during the fiscal + year in which such budget is submitted. + ``(2) The proposed activities, expenditures, and + accomplishments to effect reform under this section, and consistent + with priorities established by the Secretary, during the fiscal + year covered by such budget and each of the four succeeding fiscal + years.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 3 of such title is amended by inserting after the item + relating to section 125 the following new item: + +``125a. Reform: improvement of efficacy and efficiency.''. + + (b) Implementing Policies, Guidance, and Reporting Framework.-- + (1) Submittal to congress.--Not later than March 1, 2022, the + Secretary of Defense shall submit to the congressional defense + committees a report setting forth the policies, guidance, and + reporting framework established pursuant to subsection (c) of + section 125a of title 10, United States Code (as added by + subsection (a) of this section). + (2) Update.--Not later than 90 days after the date of the + submittal to Congress of the report required by section 901(d) of + this Act, the Secretary shall update the reporting framework + referred to in paragraph (1). + (c) Comptroller General of the United States Report.--Not later +than 270 days after the date of the submittal to Congress pursuant to +subsection (b) of the policies, guidance, and reporting framework +established pursuant to subsection (c) of section 125a of title 10, +United States Code (as so added), the Comptroller General of the United +States shall submit to the congressional defense committees a report +setting forth an evaluation, based on a review by the Comptroller +General of such policies, guidance, and framework, to the extent to +which the categories and metrics in such policies, guidance, and +reporting framework will enable consistent measurement of progress in +reform and prioritization of reform of the Department. + SEC. 912. LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE. Section 129a(b) of title 10, United States Code, is amended by adding at the end the following: ``The Secretary may not reduce the civilian workforce programmed full-time equivalent levels unless the @@ -21950,576 +23140,167 @@ Secretary conducts an appropriate analysis of the impacts of such reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs.''. - -SEC. 912. CHIEF DIVERSITY OFFICERS. - + SEC. 913. CHIEF DIVERSITY OFFICER AND SENIOR ADVISORS FOR DIVERSITY + AND INCLUSION. (a) Department of Defense.-- - (1) In general.--Chapter 4 of title 10, United States Code, - is amended by adding at the end the following new section: -``Sec. 146. Chief Diversity Officer + (1) In general.--Chapter 4 of title 10, United States Code, as + amended by section 905 of this Act, is further amended by adding at + the end the following new section: +``Sec. 147. Chief Diversity Officer ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity -Officer of the Department of Defense, appointed from civilian life by -the President, by and with the advice and consent of the Senate. +Officer of the Department of Defense, who shall be appointed by the +Secretary of Defense. ``(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion. A person may not be appointed -as Chief Diversity Officer within seven years after relief from active +as Chief Diversity Officer within three years after relief from active duty as a commissioned officer of a regular component of an armed force. - ``(b) Powers and Duties.--The Chief Diversity Officer-- - ``(1) is responsible for policy, oversight, guidance, and - coordination for all matters of the Department of - Defenserelated to diversity and inclusion; - ``(2) exercises authority to direct the Secretaries of the - military departments and the heads of all other elements of the - Department with regard to matters for which the Chief Diversity - Officer has responsibility under this section; - ``(3) exercises authority, direction, and control over the - Office of People Analytics, or any successor organization; - ``(4) shall establish and maintain a Department of Defense - strategic plan that publicly states a diversity definition, - vision, and goals for the Department of Defense; - ``(5) shall define a set of strategic metrics that are - directly linked to key organizational priorities and goals, - actionable, and actively used to implement the strategic plan; - ``(6) shall establish training in diversity dynamics and - training in practices for leading diverse groups effectively; - ``(7) shall establish and maintain a strategic plan for - diverse participation by institutions of higher education - (including historically black colleges and universities and - minority-serving institutions), federally funded research and - development centers, and individuals in defense-related - research, development, testing, and evaluation activities; - ``(8) shall establish and maintain a strategic plan for - outreach to, and recruiting from, untapped locations and - underrepresented demographic groups; - ``(9) shall conduct regular, rigorous evaluations and - assessments of diversity within the Department of Defense; and - ``(10) shall perform such additional duties and exercise - such powers as the Secretary of Defense may prescribe. - ``(c) Precedence in the Department of Defense.--(1) The Chief -Diversity Officer shall report directly to the Secretary of Defense in -the performance of duties under this section. - ``(2) The Chief Diversity Officer takes precedence in the -Department of Defense after the Chief Management Officer.''. - (2) Technical and conforming amendments.-- - (A) The table of sections at the beginning of such - chapter is amended by adding at the end the following - new item: - -``146. Chief Diversity Officer.''. - (B) Section 136(b) of such title is amended by - inserting ``the Chief Diversity Officer and'' after - ``control of the Secretary of Defense,''. - (b) Department of the Army.-- - (1) In general.--Chapter 703 of title 10, United States - Code, is amended by adding at the end the following new - section: -``Sec. 7025. Chief Diversity Officer - ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity -Officer of the Department of the Army, appointed from civilian life by -the President, by and with the advice and consent of the Senate. - ``(2) The Chief Diversity Officer shall be appointed from among -persons who have an extensive management or business background and -experience with diversity and inclusion. - ``(b) Powers and Duties.--The Chief Diversity Officer-- - ``(1) is responsible for policy, oversight, guidance, and - coordination for all matters of the Department of the Army - related to diversity and inclusion; - ``(2) exercises authority to direct the heads of all other - elements of the Department with regard to matters for which the - Chief Diversity Officer has responsibility under this section; - ``(3) shall establish training in diversity dynamics and - training in practices for leading diverse groups effectively; - ``(4) shall conduct regular, rigorous evaluations and - assessments of diversity within the Department of the Army; and - ``(5) shall perform such additional duties and exercise - such powers as the Secretary of the Army may prescribe.''. - (2) Technical and conforming amendments.-- - (A) The table of sections at the beginning of such - chapter is amended by adding at the end the following - new item: - -``7025. Chief Diversity Officer.''. - (B) Section 7014(b) of such title is amended by-- - (i) by redesignating paragraphs (2) through - (8) as paragraphs (3) through (9), - respectively; and - (ii) by inserting after paragraph (1), the - following new paragraph (2): - ``(2) The Chief Diversity Officer.''. - (C) Section 7014(c)(1) of such title is amended by - adding at the end the following new subparagraph (H): - ``(H) Diversity and inclusion.''. - (c) Department of the Navy.-- - (1) In general.--Chapter 803 of title 10, United States - Code, is amended by adding at the end the following new - section: -``Sec. 8029. Chief Diversity Officer - ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity -Officer of the Department of the Navy, appointed from civilian life by -the President, by and with the advice and consent of the Senate. - ``(2) The Chief Diversity Officer shall be appointed from among -persons who have an extensive management or business background and -experience with diversity and inclusion. - ``(b) Powers and Duties.--The Chief Diversity Officer-- - ``(1) is responsible for policy, oversight, guidance, and - coordination for all matters of the Department of the Navy - related to diversity and inclusion; - ``(2) exercises authority to direct the heads of all other - elements of the Department with regard to matters for which the - Chief Diversity Officer has responsibility under this section; - ``(3) shall establish training in diversity dynamics and - training in practices for leading diverse groups effectively; - ``(4) shall conduct regular, rigorous evaluations and - assessments of diversity within the Department of the Navy; and - ``(5) shall perform such additional duties and exercise - such powers as the Secretary of the Navy may prescribe.''. - (2) Technical and conforming amendments.-- - (A) The table of sections at the beginning of - chapter 803 of title 10, United States Code, is amended - by adding at the end the following new item: - -``8029. Chief Diversity Officer.''. - (B) Section 8014(b) of such title is amended by-- - (i) by redesignating paragraphs (2) through - (8) as paragraphs (3) through (9), - respectively; and - (ii) by inserting after paragraph (1), the - following new paragraph (2): - ``(2) The Chief Diversity Officer.''. - (C) Section 8014(c)(1) of such title is amended by - adding at the end the following new subparagraph (H): - ``(H) Diversity and inclusion.''. - (d) Department of the Air Force.-- - (1) In general.--Chapter 903 of title 10, United States - Code, is amended by adding at the end the following new - section: -``Sec. 9025. Chief Diversity Officer - ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity -Officer of the Department of the Air Force, appointed from civilian -life by the President, by and with the advice and consent of the -Senate. - ``(2) The Chief Diversity Officer shall be appointed from among -persons who have an extensive management or business background and -experience with diversity and inclusion. - ``(b) Powers and Duties.--The Chief Diversity Officer-- - ``(1) is responsible for policy, oversight, guidance, and - coordination for all matters of the Department of the Air Force - related to diversity and inclusion; - ``(2) exercises authority to direct the heads of all other - elements of the Department with regard to matters for which the - Chief Diversity Officer has responsibility under this section; - ``(3) shall establish training in diversity dynamics and - training in practices for leading diverse groups effectively; - ``(4) shall conduct regular, rigorous evaluations and - assessments of diversity within the Department of the Air - Force; and - ``(5) shall perform such additional duties and exercise - such powers as the Secretary of the Air Force may prescribe.''. - (2) Technical and conforming amendments.-- - (A) The table of sections at the beginning of such - chapter is amended by adding at the end the following - new item: - -``9025. Chief Diversity Officer.''. - (B) Section 9014(b) of such title is amended by-- - (i) by redesignating paragraphs (2) through - (8) as paragraphs (3) through (9), - respectively; and - (ii) by inserting after paragraph (1), the - following new paragraph (2): - ``(2) The Chief Diversity Officer.''. - (C) Section 9014(c)(1) of such title is amended by - adding at the end the following new subparagraph (H): - ``(H) Diversity and inclusion.''. - (e) Coast Guard.-- - (1) In general.--Chapter 3 of title 14, United States Code, - is amended by adding at the end the following new section: -``Sec. 321. Chief Diversity Officer - ``(a) Establishment.--(1) There is a Chief Diversity Officer of the -Coast Guard, appointed from civilian life by the President, by and with -the advice and consent of the Senate. - ``(2) The Chief Diversity Officer shall be appointed from among -persons who have an extensive management or business background and -experience with diversity and inclusion. - ``(b) Powers and Duties.--The Chief Diversity Officer-- - ``(1) is responsible for policy, oversight, guidance, and - coordination for all matters of the Coast Guard related to - diversity and inclusion; - ``(2) exercises authority to direct the heads of all other - elements of the Coast Guard with regard to matters for which - the Chief Diversity Officer has responsibility under this - section; - ``(3) shall establish training in diversity dynamics and - training in practices for leading diverse groups effectively; - ``(4) shall conduct regular, rigorous evaluations and - assessments of diversity within the Coast Guard; and - ``(5) shall perform such additional duties and exercise - such powers as the Commandant may prescribe. - ``(c) Precedence.--The Chief Diversity Officer shall report -directly to the Commandant in the performance of duties under this -section.''. - (2) Technical and conforming amendments.--The table of - sections at the beginning of such chapter is amended by adding - at the end the following new item: - -``321. Chief Diversity Officer.''. - (f) Effective Date.--The amendments made by this section shall take -effect on February 1, 2021. - -SEC. 913. ESTABLISHMENT OF DEPUTY ASSISTANT SECRETARIES FOR - SUSTAINMENT. - - (a) Department of the Army.-- - (1) In general.--Chapter 703 of title 10, United States - Code, as amended by section 912(b) of this Act, is further - amended by adding at the end the following new section: -``Sec. 7026. Deputy Assistant Secretary of the Army for Sustainment - ``(a) Appointment.--There is a Deputy Assistant Secretary of the -Army for Sustainment, who shall be appointed by the Secretary of the -Army. - ``(b) Responsibilities.--The Deputy Assistant Secretary of the Army -for Sustainment shall have the following responsibilities with respect -to major weapon systems acquired for the Department of the Army: - ``(1) Reviewing and providing oversight of the sustainment - baseline cost estimates required by section 2366d of this - title. - ``(2) Participating in any review of a life-cycle - sustainment plan conducted pursuant to section 2366d of this - title. - ``(3) Ensuring that cost modeling, performance metrics, and - data analytics are used-- - ``(A) to inform and update life-cycle sustainment - plans; - ``(B) to develop, with respect to the major weapon - system to which such plan relates, the budget of the - President for the fiscal year as submitted to Congress - pursuant to section 1105 of title 31; and - ``(C) to inform the Secretary of the Army when - assumptions made in the development of a sustainment - baseline cost estimate are no longer valid or when new - opportunities arise to reduce costs or improve - efficiency. - ``(4) Making recommendations to the senior acquisition - executive of the Army regarding the most cost-effective - sustainment strategy to incorporate into each life-cycle - sustainment plan. - ``(5) Balancing the range of sustainment activities for - each major weapon system to achieve the optimal balance of - affordability, viable military depots and shipyards, and - contracted product support arrangements. - ``(6) Advise the Secretary of the Army regarding the - overall alignment of the sustainment activities, the operations - of the sustainment supply chain, and strategic readiness. - ``(c) Definitions.--The terms `life-cycle sustainment plan', `major -weapon system' , and `sustainment baseline cost estimate' have the -meanings given in section 2366d of this title.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 703 of title 10, United States Code, is - amended by adding at the end the following new item: - -``7026. Deputy Assistant Secretary of the Army for Sustainment.''. - (b) Department of the Navy.-- - (1) In general.--Chapter 803 of title 10, United States - Code, as amended by section 912(c) of this Act, is further - amended by adding at the end the following new section: -``Sec. 8029a. Deputy Assistant Secretary of the Navy for Sustainment - ``(a) Appointment.--There is a Deputy Assistant Secretary of the -Navy for Sustainment, who shall be appointed by the Secretary of the -Navy. - ``(b) Responsibilities.--The Deputy Assistant Secretary of the Navy -for Sustainment shall have the following responsibilities with respect -to major weapon systems acquired for the Department of the Navy: - ``(1) Reviewing and providing oversight of the sustainment - baseline cost estimates required by section 2366d of this - title. - ``(2) Participating in any review of a life-cycle - sustainment plan conducted pursuant to section 2366d of this - title. - ``(3) Ensuring that cost modeling, performance metrics, and - data analytics are used-- - ``(A) to inform and update life-cycle sustainment - plans; - ``(B) to develop, with respect to the major weapon - system to which such plan relates, the budget of the - President for the fiscal year as submitted to Congress - pursuant to section 1105 of title 31; and - ``(C) to inform the Secretary of the Navy when - assumptions made in the development of a sustainment - baseline cost estimate are no longer valid or when new - opportunities arise to reduce costs or improve - efficiency. - ``(4) Making recommendations to the senior acquisition - executive of the Navy regarding the most cost-effective - sustainment strategy to incorporate into each life-cycle - sustainment plan. - ``(5) Balancing the range of sustainment activities for - each major weapon system to achieve the optimal balance of - affordability, viable military depots and shipyards, and - contracted product support arrangements. - ``(6) Advise the Secretary of the Navy regarding the - overall alignment of the sustainment activities, the operations - of the sustainment supply chain, and strategic readiness. - ``(c) Definitions.--The terms `life-cycle sustainment plan', `major -weapon system' , and `sustainment baseline cost estimate' have the -meanings given in section 2366d of this title.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 803 of title 10, United States Code, is - amended by adding at the end the following new item: - -``8029a. Deputy Assistant Secretary of the Navy for Sustainment.''. - (c) Department of the Air Force.-- - (1) In general.--Chapter 903 of title 10, United States - Code, as amended by section 912(d) of this Act, is further - amended by adding at the end the following new section: -``Sec. 9026. Deputy Assistant Secretary of the Air Force for - Sustainment - ``(a) Appointment.--There is a Deputy Assistant Secretary of the -Air Force for Sustainment, who shall be appointed by the Secretary of -the Air Force. - ``(b) Responsibilities.--The Deputy Assistant Secretary of the Air -Force for Sustainment shall have the following responsibilities with -respect to major weapon systems acquired for the Department of the Air -Force: - ``(1) Reviewing and providing oversight of the sustainment - baseline cost estimates required by section 2366d of this - title. - ``(2) Participating in any review of a life-cycle - sustainment plan conducted pursuant to section 2366d of this - title. - ``(3) Ensuring that cost modeling, performance metrics, and - data analytics are used-- - ``(A) to inform and update life-cycle sustainment - plans; - ``(B) to develop, with respect to the major weapon - system to which such plan relates, the budget of the - President for the fiscal year as submitted to Congress - pursuant to section 1105 of title 31; and - ``(C) to inform the Secretary of the Air Force when - assumptions made in the development of a sustainment - baseline cost estimate are no longer valid or when new - opportunities arise to reduce costs or improve - efficiency. - ``(4) Making recommendations to the senior acquisition - executive of the Air Force regarding the most cost-effective - sustainment strategy to incorporate into each life-cycle - sustainment plan. - ``(5) Balancing the range of sustainment activities for - each major weapon system to achieve the optimal balance of - affordability, viable military depots and shipyards, and - contracted product support arrangements. - ``(6) Advise the Secretary of the Air Force regarding the - overall alignment of the sustainment activities, the operations - of the sustainment supply chain, and strategic readiness. - ``(c) Definitions.--The terms `life-cycle sustainment plan', `major -weapon system', and `sustainment baseline cost estimate' have the -meanings given in section 2366d of this title.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 903 of title 10, United States Code, is - amended by adding at the end the following new item: - -``9026. Deputy Assistant Secretary of the Air Force for Sustainment.''. - -SEC. 914. OFFICE OF DEFENSE COMMUNITY COOPERATION AND ECONOMIC - ADJUSTMENT. - - (a) Establishment.-- - (1) In general.--Chapter 141 of title 10, United States - Code, is amended by inserting after section 2391 the following - new section: -``Sec. 2391a. Office of Defense Community Cooperation and Economic - Adjustment - ``(a) Establishment.--There is in the Office of the Secretary of -Defense an Office of Defense Community Cooperation and Economic -Adjustment (in this section referred to as the `Office'). - ``(b) Head of Office.--There is a Director of the Office who shall -be the head of the Office. The Director shall be appointed by the -Secretary of Defense. - ``(c) Duties.--The Office shall-- - ``(1) serve as the office in the Department of Defense with - primary responsibility for-- - ``(A) providing assistance to States, counties, - municipalities, regions, and other communities to - foster cooperation with military installations to - enhance the military mission, achieve facility and - infrastructure savings and reduced operating costs, - address encroachment and compatible land use issues, - support military families, and increase military, - civilian, and industrial readiness and resiliency; and - ``(B) providing adjustment and diversification - assistance to State and local governments under section - 2391(b) to achieve the objectives described in - subparagraph (A); - ``(2) coordinate the provision of such assistance with - other organizations and elements of the Department; - ``(3) provide support to the Economic Adjustment Committee - established under Executive Order No. 12788 (57 Fed. Reg. 2213; - 10 U.S.C. 2391 note) or any successor to such Committee; and - ``(4) carry out such other activities as the Secretary of - Defense determines appropriate.''. - (2) Clerical amendment.--The table of sections at the - beginning of such chapter is amended by inserting after the - item relating to section 2391 the following new item: - -``2391a. Office of Defense Community Cooperation and Economic - Adjustment.''. - (b) Transfers.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall transfer the -functions, personnel, and assets of the Office of Economic Adjustment -of the Department of Defense to the Office of Defense Community -Cooperation and Economic Adjustment established under section 2391a of -title 10, United States Code (as added by subsection (a)). - (c) Administration of Certain Programs.--Beginning on the effective -date of the transfers under subsection (b), any program, project, or -other activity administered by the Office of Economic Adjustment of the -Department of Defense as of the date of the enactment of this Act shall -be administered by the Office of Defense Community Cooperation and -Economic Adjustment established under section 2391a of title 10, United -States Code (as added by subsection (a)). - -SEC. 915. INPUT FROM CHIEF OF NATIONAL GUARD BUREAU TO THE JOINT - REQUIREMENTS OVERSIGHT COUNCIL. - - Section 181(d) of title 10, United States Code, is amended by -adding at the end the following new paragraph: - ``(4) Input from chief of national guard bureau.--The - Council shall seek, and strongly consider, the views of the - Chief of National Guard Bureau regarding non-Federalized - National Guard capabilities in support of homeland defense and - civil support missions.''. - -SEC. 916. REDESIGNATION OF THE JOINT FORCES STAFF COLLEGE. - - (a) In General.--Title 10, United States Code, is amended by -striking ``Joint Forces Staff College'' each place it appears and -inserting ``Joint Forces War College''. - (b) References.--Any reference in Federal law, regulations, -guidance, instructions, or other documents of the Federal Government to -the Joint Forces Staff College shall be deemed to be a reference to the -Joint Forces War College. - -SEC. 917. REPORTING ON POST-JAIC ASSIGNMENT. - - Subsection (b) of section 260 of the National Defense Authorization -Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at -the end the following paragraph: - ``(11) For each uniformed service member who concluded an - assignment supporting the Center in the previous 6 months, a - position description of the billet that the service member - transitioned into.''. - -SEC. 918. COMPTROLLER GENERAL REPORT ON VULNERABILITIES OF THE - DEPARTMENT OF DEFENSE RESULTING FROM OFFSHORE TECHNICAL - SUPPORT CALL CENTERS. - - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Comptroller General of the United States -shall submit to the Committees on Armed Services of the Senate and the -House of Representatives a report on vulnerabilities in connection with -the provision of services by offshore technical support call centers to -the Department of Defense. - (b) Elements.--The report required by subsection (a) shall include -the following: - (1) A description and assessment of the location of all - offshore technical support call centers. - (2) A description and assessment of the types of - information shared by the Department with foreign nationals at - offshore technical support call centers. - (3) An assessment of the extent to which access to such - information by foreign nationals creates vulnerabilities to the - information technology network of the Department. - (c) Offshore Technical Support Call Center Defined.--In this -section, the term ``offshore technical support call center'' means a -call center that-- - (1) is physically located outside the United States; - (2) employs individuals who are foreign nationals; and - (3) may be contacted by personnel of the Department to - provide technical support relating to technology used by the - Department. - -SEC. 919. LIMITATION ON CONSOLIDATION OR TRANSITION TO ALTERNATIVE - CONTENT DELIVERY METHODS WITHIN THE DEFENSE MEDIA - ACTIVITY. - + ``(3) The Chief Diversity Officer shall report directly to the +Secretary of Defense in the performance of the duties of the Chief +Diversity Officer under this section. + ``(b) Duties.--The Chief Diversity Officer-- + ``(1) is responsible for providing advice on policy, oversight, + guidance, and coordination for all matters of the Department of + Defense related to diversity and inclusion; + ``(2) advises the Secretary of Defense, the Secretaries of the + military departments, and the heads of all other elements of the + Department with regard to matters of diversity and inclusion; + ``(3) shall establish and maintain a Department of Defense + strategic plan that publicly states a diversity definition, vision, + and goals for the Department; + ``(4) shall define a set of strategic metrics that are directly + linked to key organizational priorities and goals, actionable, and + actively used to implement the strategic plan under paragraph (3); + ``(5) shall advise in the establishment of training in + diversity dynamics and training in practices for leading diverse + groups effectively; + ``(6) shall advise in the establishment of a strategic plan for + diverse participation by institutions of higher education + (including historically black colleges and universities and + minority-serving institutions), federally funded research and + development centers, and individuals in defense-related research, + development, test, and evaluation activities; + ``(7) shall advise in the establishment of a strategic plan for + outreach to, and recruiting from, untapped locations and + underrepresented demographic groups; + ``(8) shall coordinate with, and be supported by, the Office of + People Analytics on studies, assessments, and related work relevant + to diversity and inclusion; and + ``(9) shall perform such additional duties and exercise such + powers as the Secretary of Defense may prescribe.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 4 of such title, as so amended, is further amended by + adding at the end the following new item: + +``147. Chief Diversity Officer.''. + + (b) Senior Advisors for Diversity and Inclusion for the Military +Departments and Coast Guard.-- + (1) Appointment required.--Each Secretary of a military + department shall appoint within such military department a Senior + Advisor for Diversity and Inclusion for such military department + (and for the Armed Force or Armed Forces under the jurisdiction of + such Secretary). The Commandant of the Coast Guard shall appoint a + Senior Advisor for Diversity and Inclusion for the Coast Guard. + (2) Qualifications and limitation.--Each Senior Advisor for + Diversity and Inclusion shall be appointed from among persons who + have an extensive management or business background and experience + with diversity and inclusion. A person may not be appointed as + Senior Advisor for Diversity and Inclusion within three years after + relief from active duty as a commissioned officer of a regular + component of an Armed Force. + (3) Reporting.--A Senior Advisor for Diversity and Inclusion + shall report directly to the Secretary of the military department + within which appointed. The Senior Advisor for Diversity and + Inclusion for the Coast Guard shall report directly to the + Commandant of the Coast Guard. + (4) Duties.--A Senior Advisor for Diversity and Inclusion, with + respect to the military department and Armed Force or Armed Forces + concerned-- + (A) is responsible for providing advice, guidance, and + coordination for all matters related to diversity and + inclusion; + (B) shall advise in the establishment of training in + diversity dynamics and training in practices for leading + diverse groups effectively; + (C) shall advise and assist in evaluations and assessments + of diversity; + (D) shall develop a strategic diversity and inclusion plan, + which plan shall be consistent with the strategic plan + developed and maintained pursuant to subsection (b)(3) of + section 147 of title 10, United States Code (as added by + subsection (a) of this section); + (E) shall develop strategic goals and measures of + performance related to efforts to reflect the diverse + population of the United States eligible to serve in the Armed + Forces, which goals and measures of performance shall be + consistent with the strategic metrics defined pursuant to + subsection (b)(4) of such section 147; and + (F) shall perform such additional duties and exercise such + powers as the Secretary of the military department concerned or + the Commandant of the Coast Guard, as applicable, may + prescribe. + (c) Effective Date.--This section and the amendments made by this +section shall take effect on February 1, 2021. + SEC. 914. LIMITATION ON CONSOLIDATION OR TRANSITION TO ALTERNATIVE + CONTENT DELIVERY METHODS WITHIN THE DEFENSE MEDIA ACTIVITY. (a) In General.--No consolidation or transition to alternative content delivery methods may occur within the Defense Media Activity until a period of 180 days has elapsed following the date on which the -Secretary of Defense submits to the congressional defense committees a -report that includes a certification, in detail, that such -consolidation or transition to alternative content delivery methods -will not-- - (1) compromise the safety and security of members of the - Armed Forces and their families; - (2) compromise the cybersecurity or security of content - delivery to members of the Armed Forces, whether through-- - (A) inherent vulnerabilities in the content - delivery method concerned; - (B) vulnerabilities in the personal devices used by - members; or - (C) vulnerabilities in the receivers or streaming - devices necessary to accommodate the alternative - content delivery method; - (3) increase monetary costs or personal financial - liabilities to members of the Armed Forces or their families, - whether through monthly subscription fees or other tolls - required to access digital content; and - (4) impede access to content due to bandwidth or other - technical limitations where members of the Armed Forces receive - content. +Secretary of Defense submits to the Committees on Armed Services of the +Senate and the House of Representatives a report that identifies key +aspects of the business case for alternative content delivery, and +actions to mitigate risks, relating to the following: + (1) The safety and security of members of the Armed Forces and + their families. + (2) The cybersecurity or security of content delivery to + members of the Armed Forces, whether through-- + (A) vulnerabilities in the content delivery method + concerned; + (B) vulnerabilities in the personal devices used by + members; or + (C) vulnerabilities in the receivers or streaming devices + necessary to accommodate the alternative content delivery + method. + (3) Costs or personal financial liabilities to members of the + Armed Forces or their families, whether through monthly + subscription fees or other tolls required to access digital + content. + (4) Access to content with respect to bandwidth or other + technical limitations where members of the Armed Forces receive + content. (b) Definitions.--In this section: - (1) The term ``alternative content delivery'' means any - method of the Defense Media Activity for the delivery of - digital content that is different from a method used by the - Activity as of the date of the enactment of this Act. - (2) The term ``consolidation'', when used with respect to - the Defense Media Activity, means any action to reduce or limit - the functions, personnel, facilities, or capabilities of the - Activity, including entering into contracts or developing plans - for such reduction or limitation. - - Subtitle C--Space Matters - -SEC. 921. ASSISTANT SECRETARY OF DEFENSE FOR SPACE AND STRATEGIC - DETERRENCE POLICY. - - (a) Assistant Secretaries of Defense.--Paragraph (5) of section -138(b) of title 10, United States Code, is amended to read as follows: - ``(5) One of the Assistant Secretaries is the Assistant Secretary -of Defense for Space and Strategic Deterrence Policy. The principal -duty of the Assistant Secretary shall be the overall supervision of -policy of the Department of Defense for space, nuclear deterrence, and -missile defense.''. - (b) Space Force Acquisition Council.--Section 9021(b)(3) of title -10, United States Code, is amended by striking ``Assistant Secretary of -Defense for Space Policy'' and inserting ``Assistant Secretary of -Defense for Space and Strategic Deterrence Policy''. - (c) Elements of Office.--Section 955(b) of the National Defense -Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. -1565) is amended by striking ``Assistant Secretary of Defense for Space -Policy'' and inserting ``Assistant Secretary of Defense for Space and -Strategic Deterrence Policy''. - -SEC. 922. OFFICE OF THE CHIEF OF SPACE OPERATIONS. - + (1) The term ``alternative content delivery'' means any method + of the Defense Media Activity for the delivery of digital content + that is different from a method used by the Activity as of the date + of the enactment of this Act. + (2) The term ``consolidation'', when used with respect to the + Defense Media Activity, means any action to reduce or limit the + functions, personnel, facilities, or capabilities of the Activity, + including entering into contracts or developing plans for such + reduction or limitation. + + Subtitle C--Space Force Matters + + SEC. 921. OFFICE OF THE CHIEF OF SPACE OPERATIONS. (a) In General.--Chapter 908 of title 10, United States Code, is amended by striking section 9083 and inserting the following new sections: ``Sec. 9083. Office of the Chief of Space Operations: function; - composition + composition ``(a) Function.--There is in the executive part of the Department of the Air Force an Office of the Chief of Space Operations to assist the Secretary of the Air Force in carrying out the responsibilities of the Secretary. ``(b) Composition.--The Office of the Chief of Space Operations is composed of the following: - ``(1) The Chief of Space Operations. - ``(2) Other members of the Space Force and Air Force - assigned or detailed to the Office of the Chief of Space - Operations. - ``(3) Civilian employees in the Department of the Air Force - assigned or detailed to the Office of the Chief of Space - Operations. + ``(1) The Chief of Space Operations. + ``(2) Other members of the Space Force and Air Force assigned + or detailed to the Office of the Chief of Space Operations. + ``(3) Civilian employees in the Department of the Air Force + assigned or detailed to the Office of the Chief of Space + Operations. ``(c) Organization.--Except as otherwise specifically prescribed by law, the Office of the Chief of Space Operations shall be organized in such manner, and the members of the Office of the Chief of Space @@ -22533,31 +23314,31 @@ the Chief of Space Operations. ``(b) Authorities.--Under the authority, direction, and control of the Secretary of the Air Force, the Office of the Chief of Space Operations shall-- - ``(1) subject to subsections (c) and (d) of section 9014 of - this title, prepare for such employment of the Space Force, and - for such recruiting, organizing, supplying, equipping - (including research and development), training, servicing, - mobilizing, demobilizing, administering, and maintaining of the - Space Force, as will assist in the execution of any power, - duty, or function of the Secretary of the Air Force or the - Chief of Space Operations; - ``(2) investigate and report upon the efficiency of the - Space Force and its preparation to support military operations - by commanders of the combatant commands; - ``(3) prepare detailed instructions for the execution of - approved plans and supervise the execution of those plans and - instructions; - ``(4) as directed by the Secretary of the Air Force or the - Chief of Space Operations, coordinate the action of - organizations of the Space Force; and - ``(5) perform such other duties, not otherwise assigned by - law, as may be prescribed by the Secretary of the Air Force.''. - (b) Table of Sections Amendment.--The table of sections at the -beginning of chapter 908 of such title is amended by striking the item -related to section 9083 and adding at the end the following new items: - -``9083. Office of the Chief of Space Operations: function; composition -``9084. Office of the Chief of Space Operations: general duties''. + ``(1) subject to subsections (c) and (d) of section 9014 of + this title, prepare for such employment of the Space Force, and for + such recruiting, organizing, supplying, equipping (including + research and development), training, servicing, mobilizing, + demobilizing, administering, and maintaining of the Space Force, as + will assist in the execution of any power, duty, or function of the + Secretary of the Air Force or the Chief of Space Operations; + ``(2) investigate and report upon the efficiency of the Space + Force and its preparation to support military operations by + commanders of the combatant commands; + ``(3) prepare detailed instructions for the execution of + approved plans and supervise the execution of those plans and + instructions; + ``(4) as directed by the Secretary of the Air Force or the + Chief of Space Operations, coordinate the action of organizations + of the Space Force; and + ``(5) perform such other duties, not otherwise assigned by law, + as may be prescribed by the Secretary of the Air Force.''. + (b) Table of Sections.--The table of sections at the beginning of +chapter 908 of such title is amended by striking the item relating to +section 9083 and inserting the following new items: + +``9083. Office of the Chief of Space Operations: function; composition. +``9084. Office of the Chief of Space Operations: general duties.''. + (c) Effective Date.--The amendments made by this section shall take effect on the date on which the Secretary of the Air Force and the Chief of Space Operations jointly submit to the congressional defense @@ -22566,268 +23347,1746 @@ of the Department of the Air Force will continue to perform in support of the Space Force. (d) No Authorization of Additional Military Billets.--The Secretary shall establish the Office of the Chief of Space Operations under -section 9083 of title 10, United States Code, as added by subsection +section 9083 of title 10, United States Code, as amended by subsection (a), using military personnel otherwise authorized. Nothing in this section or the amendments made by this section shall be construed to authorize additional military billets for the purposes of, or in connection with, the establishment of the Office of the Chief of Space Operations. + SEC. 922. CLARIFICATION OF SPACE FORCE AND CHIEF OF SPACE + OPERATIONS AUTHORITIES. + (a) Composition of Space Force.--Section 9081 of title 10, United +States Code, is amended by striking subsection (b) and inserting the +following new subsection (b): + ``(b) Composition.--The Space Force consists of-- + ``(1) the Regular Space Force; + ``(2) all persons appointed or enlisted in, or conscripted + into, the Space Force, including those not assigned to units, + necessary to form the basis for a complete and immediate + mobilization for the national defense in the event of a national + emergency; and + ``(3) all Space Force units and other Space Force + organizations, including installations and supporting and auxiliary + combat, training, administrative, and logistic elements.''. + (b) Functions.--Section 9081 of title 10, United States Code, is +further amended-- + (1) by striking subsection (c) and inserting the following new + subsection (c): + ``(c) Functions.--The Space Force shall be organized, trained, and +equipped to-- + ``(1) provide freedom of operation for the United States in, + from, and to space; + ``(2) conduct space operations; and + ``(3) protect the interests of the United States in space.''; + and + (2) by striking subsection (d). + (c) Clarification of Chief of Space Operations Authorities.-- +Section 9082 of title 10, United States Code, is amended-- + (1) in subsection (a)-- + (A) in paragraph (1), by striking ``general officers of the + Air Force'' and inserting ``general, flag, or equivalent + officers of the Space Force''; and + (B) by adding at the end the following new paragraphs: + ``(3) The President may appoint an officer as Chief of Space +Operations only if-- + ``(A) the officer has had significant experience in joint duty + assignments; and + ``(B) such experience includes at least one full tour of duty + in a joint duty assignment (as defined in section 664(d) of this + title) as a general, flag, or equivalent officer of the Space + Force. + ``(4) The President may waive paragraph (3) in the case of an +officer if the President determines such action is necessary in the +national interest.''; + (2) in subsection (b), by striking ``grade of general'' and + inserting ``grade in the Space Force equivalent to the grade of + general in the Army, Air Force, and Marine Corps, or admiral in the + Navy''; and + (3) in subsection (d)-- + (A) in paragraph (4), by striking ``and'' at the end; + (B) by redesignating paragraph (5) as paragraph (6); and + (C) by inserting after paragraph (4) the following new + paragraph (5): + ``(5) perform duties prescribed for the Chief of Space + Operations by sections 171 and 2547 of this title and other + provision of law; and''. + (d) Regular Space Force.--Chapter 908 of title 10, United States +Code, as amended by section 921 of this Act, is further amended by +adding at the end the following new section: +``Sec. 9085. Regular Space Force: composition + ``(a) In General.--The Regular Space Force is the component of the +Space Force that consists of persons whose continuous service on active +duty in both peace and war is contemplated by law, and of retired +members of the Regular Space Force. + ``(b) Composition.--The Regular Space Force includes-- + ``(1) the officers and enlisted members of the Regular Space + Force; and + ``(2) the retired officers and enlisted members of the Regular + Space Force.''. + (e) Table of Sections.--The table of sections at the beginning of +chapter 908 of title 10, United States Code, as so amended, is further +amended by adding at the end the following new item: + +``9085. Regular Space Force: composition.''. + SEC. 923. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVISIONS IN + TITLE 10, UNITED STATES CODE. + (a) Subtitle.-- + (1) Heading.--The heading of subtitle D of title 10, United + States Code, is amended to read as follows: + + ``Subtitle D--Air Force and Space Force''. + + (2) Table of subtitles.--The table of subtitles at the + beginning of such title is amended is amended by striking the item + relating to subtitle D and inserting the following new item: + +``D. Air Force and Space Force...................................9011''. + + (b) Organization.-- + (1) Secretary of the air force.--Section 9013 of title 10, + United States Code, is amended-- + (A) in subsection (f), by inserting ``and officers of the + Space Force'' after ``Officers of the Air Force''; and + (B) in subsection (g)(1), by inserting ``, members of the + Space Force,'' after ``members of the Air Force''. + (2) Office of the secretary of the air force.--Section 9014 of + such title is amended-- + (A) in subsection (b), by striking paragraph (4) and + inserting the following new paragraph (4): + ``(4) The Inspector General of the Department of the Air + Force.''; + (B) in subsection (c)-- + (i) in paragraph (1), by striking ``and the Air Staff'' + and inserting ``, the Air Staff, and the Office of the + Chief of Space Operations''; + (ii) in paragraph (2), by inserting ``or the Office of + the Chief of Space Operations'' after ``the Air Staff''; + (iii) in paragraph (3), by striking ``to the Chief of + Staff and to the Air Staff'' and all that follows through + the end and inserting ``to the Chief of Staff of the Air + Force and the Air Staff, and to the Chief of Space + Operations and the Office of the Chief of Space Operations, + and shall ensure that each such office or entity provides + the Chief of Staff and Chief of Space Operations such staff + support as the Chief concerned considers necessary to + perform the Chief's duties and responsibilities.''; and + (iv) in paragraph (4)-- + + (I) by inserting ``and the Office of the Chief of + Space Operations'' after ``the Air Staff''; and + (II) by inserting ``and the Chief of Space + Operations'' after ``Chief of Staff''; + + (C) in subsection (d)-- + (i) in paragraph (1), by striking ``and the Air Staff'' + and inserting ``, the Air Staff, and the Office of the + Chief of Space Operations''; + (ii) in paragraph (2), by inserting ``and the Office of + the Chief of Space Operations'' after ``the Air Staff''; + and + (iii) in paragraph (4), by striking ``to the Chief of + Staff of the Air Force and to the Air Staff'' and all that + follows through the end and inserting ``to the Chief of + Staff of the Air Force and the Air Staff, and to the Chief + of Space Operations and the Office of the Chief of Space + Operations, and shall ensure that each such office or + entity provides the Chief of Staff and Chief of Space + Operations such staff support as the Chief concerned + considers necessary to perform the Chief's duties and + responsibilities.''; and + (D) in subsection (e)-- + (i) by striking ``and the Air Staff'' and inserting ``, + the Air Staff, and the Office of the Chief of Space + Operations''; and + (ii) by striking ``to the other'' and inserting ``to + any of the others''. + (3) Secretary of the air force: successors to duties.--Section + 9017 of such title is amended by adding at the end the following + new paragraph: + ``(5) The Chief of Space Operations.''. + (4) Inspector general.--Section 9020 of such title is amended-- + (A) in subsection (a)-- + (i) by inserting ``Department of the'' after + ``Inspector General of the''; and + (ii) by inserting ``or the general, flag, or equivalent + officers of the Space Force'' after ``general officers of + the Air Force''; + (B) in subsection (b)-- + (i) in the matter preceding paragraph (1), by striking + ``or the Chief of Staff'' and inserting ``, the Chief of + Staff of the Air Force, or the Chief of Space Operations''; + (ii) in paragraph (1), by inserting ``Department of + the'' before ``Air Force''; and + (iii) in paragraph (2), by striking ``or the Chief of + Staff'' and inserting ``, the Chief of Staff, or the Chief + of Space Operations'' ; and + (C) in subsection (e), by inserting ``or the Space Force'' + before ``for a tour of duty''. + (5) The air staff: function; composition.--Section 9031(b)(8) + of such title is amended by inserting ``or the Space Force'' after + ``of the Air Force''. + (6) Surgeon general: appointment; duties.--Section 9036(b) of + such title is amended-- + (A) in paragraph (1), by striking ``Secretary of the Air + Force and the Chief of Staff of the Air Force on all health and + medical matters of the Air Force'' and inserting ``Secretary of + the Air Force, the Chief of Staff of the Air Force, and the + Chief of Space Operations on all health and medical matters of + the Air Force and the Space Force''; and + (B) in paragraph (2)-- + (i) by inserting ``and the Space Force'' after ``of the + Air Force'' the first place it appears; and + (ii) by inserting ``and members of the Space Force'' + after ``of the Air Force'' the second place it appears. + (7) Judge advocate general, deputy judge advocate general: + appointment; duties.--Section 9037 of such title is amended-- + (A) in subsection (e)(2)(B), by inserting ``or the Space + Force'' after ``of the Air Force''; and + (B) in subsection (f)(1), by striking ``the Secretary of + the Air Force or the Chief of Staff of the Air Force'' and + inserting ``the Secretary of the Air Force, the Chief of Staff + of the Air Force, or the Chief of Space Operations''. + (8) Chief of chaplains: appointment; duties.--Section 9039(a) + of such title is amended by striking ``in the Air Force'' and + inserting ``for the Air Force and the Space Force''. + (9) Provision of certain professional functions for the space + force.--Section 9063 of such title is amended-- + (A) in subsections (a) through (i), by striking ``in the + Air Force'' each place it appears and inserting ``in the Air + Force and the Space Force''; and + (B) in subsection (i), as amended by subparagraph (A), by + inserting ``or the Space Force'' after ``members of the Air + Force''. + (c) Personnel.-- + (1) Gender-free basis for acceptance of original enlistments.-- + (A) In general.--Section 9132 of title 10, United States + Code, is amended by inserting ``or the Regular Space Force'' + after ``Regular Air Force''. + (B) Heading.--The heading of such section 9132 is amended + to read as follows: +``Sec. 9132. Regular Air Force and Regular Space Force: gender-free + basis for acceptance of original enlistments''. + (C) Table of sections.--The table of sections at the + beginning of chapter 913 of such title is amended by striking + the item relating to section 9132 and inserting the following + new item: -SEC. 923. SPACE FORCE MEDAL. - - (a) Space Force Medal.--Chapter 937 of title 10, United States -Code, is amended by inserting after section 9280 the following new -section: -``Sec. 9280a. Space Force Medal: award; limitations - ``(a) The President may award a decoration called the `Space Force -Medal', of appropriate design with accompanying ribbon, to any person -who, while serving in any capacity with the Space Force, distinguishes -himself or herself by heroism not involving actual conflict with an -enemy. - ``(b) Not more than one Space Force Medal may be awarded to a -person. However, for each succeeding act that would otherwise justify -award of such a medal, the President may award a suitable bar or other -device to be worn as the President directs.''. - (b) Table of Sections Amendment.--The table of sections at the -beginning of such chapter is amended by inserting after the item -relating to section 9280 the following new item: - -``9280a. Space Force Medal: award; limitations.''. - -SEC. 924. CLARIFICATION OF PROCUREMENT OF COMMERCIAL SATELLITE - COMMUNICATIONS SERVICES. - - (a) In General.--Chapter 963 of title 10, United States Code, is -amended by inserting before section 9532 the following new section: -``Sec. 9531. Procurement of commercial satellite communications - services - ``The Chief of Space Operations shall be responsible for the -procurement of commercial satellite communications services for the -Department of Defense.''. - (b) Table of Sections Amendment.--The table of sections at the -beginning of chapter 963 of such title is amended by inserting before -the item relating to section 9532 the following new item: +``9132. Regular Air Force and Regular Space Force: gender-free basis for + acceptance of original enlistments.''. + + (2) Reenlistment after service as an officer.-- + (A) In general.--Section 9138 of such title is amended in + subsection (a)-- + (i) by inserting ``or the Regular Space Force'' after + ``Regular Air Force'' both places it appears; and + (ii) by inserting ``or the Space Force'' after + ``officer of the Air Force'' both places it appears. + (B) Heading.--The heading of such section 9132 is amended + to read as follows: +``Sec. 9132. Regular Air Force and Regular Space Force: reenlistment + after service as an officer''. + (C) Table of sections.--The table of sections at the + beginning of chapter 913 of such title, as amended by paragraph + (1)(C), is further by striking the item relating to section + 9138 and inserting the following new item: + +``9138. Regular Air Force and Regular Space Force: reenlistment after + service as an officer.''. + + (3) Appointments in the regular air force and regular space + force.-- + (A) In general.--Section 9160 of such title is amended-- + (i) by inserting ``or the Regular Space Force'' after + ``Regular Air Force''; and + (ii) by inserting ``or the Space Force'' before the + period. + (B) Chapter heading.--The heading of chapter 915 of such + title is amended to read as follows: + + ``CHAPTER 915--APPOINTMENTS IN THE REGULAR AIR FORCE AND THE REGULAR + SPACE FORCE''. + + (C) Tables of chapters.--The table of chapters at the + beginning of subtitle D of such title, and at the beginning of + part II of subtitle D of such title, are each amended by + striking the item relating to chapter 915 and inserting the + following new item: + +``915. Appointments in the Regular Air Force and the Regular Space +Force............................................................9151''. + + (4) Retired commissioned officers: status.--Section 9203 of + such title is amended by inserting ``or the Space Force'' after + ``the Air Force''. + (5) Duties: chaplains; assistance required of commanding + officers.--Section 9217(a) of such title is amended by inserting + ``or the Space Force'' after ``the Air Force''. + (6) Rank: commissioned officers serving under temporary + appointments.--Section 9222 of such title is amended by inserting + ``or the Space Force'' after ``the Air Force'' both places it + appears. + (7) Requirement of exemplary conduct.--Section 9233 of such + title is amended-- + (A) in the matter preceding paragraph (1), by inserting + ``and in the Space Force'' after ``the Air Force''; and + (B) in paragraphs (3) and (4), by inserting ``or the Space + Force, respectively'' after ``the Air Force''. + (8) Enlisted members: officers not to use as servants.--Section + 9239 of such title is amended by inserting ``or the Space Force'' + after ``Air Force'' both places it appears. + (9) Presentation of united states flag upon retirement.-- + Section 9251(a) of such title is amended by inserting ``or the + Space Force'' after ``member of the Air Force''. + (10) Service credit: regular enlisted members; service as an + officer to be counted as enlisted service.--Section 9252 of such + title is amended-- + (A) by inserting ``or the Regular Space Force'' after + ``Regular Air Force''; and + (B) by inserting ``in the Space Force,'' after ``in the Air + Force,''. + (11) When secretary may require hospitalization.--Section 9263 + of such title is amended by inserting ``or the Space Force'' after + ``member of the Air Force''. + (12) Decorations and awards.-- + (A) In general.--Chapter 937 of such title is amended by + inserting ``or the Space Force'' after ``the Air Force'' each + place it appears in the following provisions: + (i) Section 9271. + (ii) Section 9272. + (iii) Section 9273. + (iv) Section 9276. + (v) Section 9281 other than the first place it appears + in subsection (a). + (vi) Section 9286(a) other than the first place it + appears. + (B) Medal of honor; air force cross; distinguished-service + medal: delegation of power to award.--Section 9275 of such + title is amended by inserting before the period at the end the + following: ``, or to an equivalent commander of a separate + space force or higher unit in the field''. + (13) Twenty years or more: regular or reserve commissioned + officers.--Section 9311(a) of such title is amended by inserting + ``or the Space Force'' after ``officer of the Air Force''. + (14) Twenty to thirty years: enlisted members.--Section 9314 of + such title is amended by inserting ``or the Space Force'' after + ``member of the Air Force''. + (15) Thirty years or more: regular enlisted members.--Section + 9317 of such title is amended by inserting ``or the Space Force'' + after ``Air Force''. + (16) Thirty years or more: regular commissioned officers.-- + Section 9318 of such title is amended by inserting ``or the Space + Force'' after ``Air Force''. + (17) Forty years or more: air force officers.-- + (A) In general.--Section 9324 of such title is amended in + subsections (a) and (b) by inserting ``or the Space Force'' + after ``Air Force''. + (B) Heading.--The heading of such section 9324 is amended + to read as follows: +``Sec. 9324. Forty years or more: Air Force officers and Space Force + officers''. + (C) Table of sections amendment.--The table of sections at + the beginning of chapter 941 of such title is amended by + striking the item relating to section 9324 and inserting the + following new item: + +``9324. Forty years or more: Air Force officers and Space Force + officers.''. + + (18) Computation of years of service: voluntary retirement; + enlisted members.--Section 9325(a) of such title is amended by + inserting ``or the Space Force'' after ``Air Force''. + (19) Computation of years of service: voluntary retirement; + regular and reserve commissioned officers.-- + (A) In general.--Section 9326(a) of such title is amended-- + (i) in the matter preceding paragraph (1), by inserting + ``or the Space Force'' after ``of the Air Force''; and + (ii) in paragraph (1), by striking ``or the Air Force'' + and inserting ``, the Air Force, or the Space Force''. + (B) Technical amendments.--Such section 9326(a) is further + amended by striking ``his'' each place it appears and inserting + ``the officer's''. + (20) Computation of retired pay: law applicable.--Section 9329 + of such title is amended by inserting ``or the Space Force'' after + ``Air Force''. + (21) Retired grade.-- + (A) Higher grade after 30 years of service: warrant + officers and enlisted members.--Section 9344 of such title is + amended-- + (i) in subsection (a), by inserting ``or the Space + Force'' after ``member of the Air Force''; and + (ii) in subsection (b)-- + + (I) in paragraphs (1) and (3), by inserting ``or + the Space Force'' after ``Air Force'' each place it + appears; and + (II) in paragraph (2), by inserting ``or the + Regular Space Force'' after ``Regular Air Force''. + + (B) Restoration to former grade: retired warrant officers + and enlisted members.--Section 9345 of such title is amended by + inserting ``or the Space Force'' after ``member of the Air + Force''. + (C) Retired lists.--Section 9346 of such title is amended-- + (i) in subsections (a) and (d), by inserting ``or the + Regular Space Force'' after ``Regular Air Force''; + (ii) in subsection (b)(1), by inserting before the + semicolon the following: ``, or for commissioned officers + of the Space Force other than of the Regular Space Force''; + and + (iii) in subsections (b)(2) and (c), by inserting ``or + the Space Force'' after ``Air Force''. + (22) Recomputation of retired pay to reflect advancement on + retired list.--Section 9362(a) of such title is amended by + inserting ``or the Space Force'' after ``Air Force''. + (23) Fatality reviews.--Section 9381(a) of such title is + amended in paragraphs (1), (2), and (3) by inserting ``or the Space + Force'' after ``Air Force''. + (d) Training.-- + (1) Members of air force: detail as students, observers, and + investigators at educational institutions, industrial plants, and + hospitals.-- + (A) In general.--Section 9401 of title 10, United States + Code, is amended-- + (i) in subsection (a), by inserting ``and members of + the Space Force'' after ``members of the Air Force''; + (ii) in subsection (b), by inserting ``or the Regular + Space Force'' after ``Regular Air Force''; + (iii) in subsection (c),by inserting ``or Reserve of + the Space Force'' after ``Reserve of the Air Force''; + (iv) in subsection (e), by inserting ``or the Space + Force'' after ``Air Force''; and + (v) in subsection (f)-- + + (I) by inserting ``or the Regular Space Force'' + after ``Regular Air Force''; and + (II) by inserting ``or the Space Force Reserve'' + after ``the reserve components of the Air Force''. + + (B) Technical amendments.--Subsection (c) of such section + 9401 is further amended-- + (i) by striking ``his'' and inserting ``the + Reserve's''; and + (ii) by striking ``he'' and inserting ``the Reserve'', + (C) Heading.--The heading of such section 9401 is amended + to read as follows: +``Sec. 9401. Members of Air Force and Space Force: detail as students, + observers and investigators at educational institutions, industrial + plants, and hospitals''. + (D) Table of sections.--The table of sections at the + beginning of chapter 951 of such title is amended by striking + the item relating to section 9401 and inserting the following + new item: + +``9401. Members of Air Force and Space Force: detail as students, + observers, and investigators at educational institutions, + industrial plants, and hospitals.''. + + (2) Enlisted members of air force: schools.-- + (A) In general.--Section 9402 of such title is amended-- + (i) in subsection (a)-- + + (I) in the first sentence, by inserting ``and + enlisted members of the Space Force'' after ``members + of the Air Force''; and + (II) in the third sentence, by inserting ``and + Space Force officers'' after ``Air Force officers''; + and + + (ii) in subsection (b), by inserting ``or the Space + Force'' after ``Air Force'' each place it appears. + (B) Heading.--The heading of such section 9402 is amended + to read as follows: +``Sec. 9402. Enlisted members Air Force or Space Force: schools''. + (C) Table of sections.--The table of sections at the + beginning of chapter 951 of such title is amended by striking + the item relating to section 9402 and inserting the following + new item: + +``9402. Enlisted members of Air Force or Space Force: schools.''. + + (3) Service schools: leaves of absence for instructors.-- + Section 9406 of such title is amended by inserting ``or Space + Force'' after ``Air Force''. + (4) Degree granting authority for united states air force + institute of technology.--Section 9414(d)(1) of such title is + amended by inserting ``or the Space Force'' after ``needs of the + Air Force''. + (5) United states air force institute of technology: + administration.--Section 9414b(a)(2) is amended-- + (A) by inserting ``or the Space Force'' after ``the Air + Force'' each place it appears; and + (B) in subparagraph (B), by inserting ``or the equivalent + grade in the Space Force'' after ``brigadier general''. + (6) Community college of the air force: associate degrees.-- + Section 9415 of such title is amended-- + (A) in subsection (a) in the matter preceding paragraph + (1), by striking ``in the Air Force'' and inserting ``in the + Department of the Air Force''; and + (B) in subsection (b)-- + (i) in paragraph (1), by inserting ``or the Space + Force'' after ``Air Force''; + (ii) in paragraph (2), by striking ``other than'' and + all that follows through the end and inserting ``other than + the Air Force or the Space Force who are serving as + instructors at Department of the Air Force training + schools.''; and + (iii) in paragraph (3), by inserting ``or the Space + Force'' after ``Air Force''. + (7) Air force academy establishment; superintendent; faculty.-- + Section 9431(a) of such title is amended by striking ``Air Force + cadets'' and inserting ``cadets''. + (8) Air force academy superintendent; faculty: appointment and + detail.--Section 9433(a) of such title is amended by inserting ``or + the Space Force'' after ``Air Force''. + (9) Air force academy permanent professors; director of + admissions.-- + (A) In general.--Section 9436 of such title is amended-- + (i) in subsection (a)-- + + (I) in the first sentence, by inserting ``in the + Air Force or the equivalent grade in the Space Force'' + after ``colonel''; + (II) in the second sentence, by inserting ``and a + permanent professor appointed from the Regular Space + Force has the grade equivalent to the grade of colonel + in the Regular Air Force'' after ``grade of colonel''; + and + (III) in the third sentence, by inserting ``in the + Air Force or the equivalent grade in the Space Force'' + after ``lieutenant colonel''; and + + (ii) in subsection (b)-- + + (I) in the first sentence, ``in the Air Force or + the equivalent grade in the Space Force'' after + ``colonel'' each place it appears; and + (II) in the second sentence, by inserting ``and a + person appointed from the Regular Space Force has the + grade equivalent to the grade of colonel in the Regular + Air Force'' after ``grade of colonel''. + + (B) Technical amendments.--Subsections (a) and (b) of such + section 9436 are further amended by striking ``he'' each place + it appears and inserting ``such person''. + (10) Cadets: appointment; numbers, territorial distribution.-- + (A) In general.--Section 9442 of such title is amended-- + (i) by striking ``Air Force Cadets'' each place it + appears and inserting ``cadets''; and + (ii) in subsection (b)(2), by inserting ``or the + Regular Space Force'' after ``Regular Air Force''. + (B) Technical amendment.--Subsection (b)(4) of such section + 9442 is amended by striking ``him'' and inserting ``the + Secretary''. + (11) Cadets: agreement to serve as officer.--Section 9448(a) of + such title is amended-- + (A) in paragraph (2)(A), by inserting ``or the Regular + Space Force'' after ``Regular Air Force''; and + (B) in paragraph (3)(A), by inserting before the semicolon + the following: ``or as a Reserve in the Space Force for service + in the Space Force Reserve''. + (12) Cadets: organization; service; instruction.--Section 9449 + of such title is amended by striking subsection (d). + (13) Cadets: hazing.--Section 9452(c) of such title is + amended-- + (A) by striking ``an Air Force cadet'' and inserting ``a + cadet''; and + (B) by striking ``or Marine Corps'' and inserting ``Marine + Corps, or Space Force''. + (14) Cadets: degree and commission on graduation.--Section + 9453(b) of such title is amended by inserting ``or in the + equivalent grade in the Regular Space Force'' after ``Regular Air + Force''. + (15) Support of athletic programs.--Section 9462(c)(2) of such + title is amended by striking ``personnel of the Air Force'' and + inserting ``personnel of the Department of the Air Force''. + (16) Schools and camps: establishment: purpose.--Section 9481 + of such title is amended-- + (A) by inserting ``, the Space Force,'' after ``members of + the Air Force,''; and + (B) by inserting ``or the Space Force Reserve'' after ``the + Air Force Reserve''. + (17) Schools and camps: operation.--Section 9482 of such title + is amended-- + (A) in paragraph (4), by inserting ``or the Regular Space + Force'' after ``Regular Air Force''; and + (B) in paragraph (7), in the matter preceding subparagraph + (A), by inserting ``or Space Force'' after ``Air Force''. + (e) Service, Supply, and Procurement.-- + (1) Equipment: bakeries, schools, kitchens, and mess halls.-- + Section 9536 of title 10, United States Code, is amended in the + matter preceding paragraph (1) by inserting ``or the Space Force'' + after ``the Air Force''. + (2) Rations.--Section 9561 of such title is amended-- + (A) in subsection (a)-- + (i) in the first sentence, by inserting ``and the Space + Force ration'' after ``the Air Force ration''; and + (ii) in the second sentence, by inserting ``or the + Space Force'' after ``the Air Force''; and + (B) in subsection (b), by inserting ``or the Space Force'' + after ``the Air Force''. + (3) Clothing.--Section 9562 of such title is amended by + inserting ``and members of the Space Force'' after ``the Air + Force''. + (4) Clothing: replacement when destroyed to prevent + contagion.--Section 9563 of such title is amended by inserting ``or + the Space Force'' after ``member of the Air Force''. + (5) Colors, standards, and guidons of demobilized + organizations: disposition.--Section 9565 of such title is + amended-- + (A) in subsection (a), in the matter preceding paragraph + (1), by inserting ``or the Space Force'' after ``organizations + of the Air Force''; and + (B) in subsection (b), by inserting ``or the Space Force'' + after ``the Air Force''. + (6) Utilities: proceeds from overseas operations.--Section 9591 + of such title is amended by inserting ``or the Space Force'' after + ``the Air Force''. + (7) Quarters: heat and light.--Section 9593 of such title is + amended by inserting ``and members of the Space Force'' after ``the + Air Force''. + (8) Air force military history institute: fee for providing + historical information to the public.-- + (A) In general.--Section 9594 of such title is amended-- + (i) in subsections (a) and (d), by inserting + ``Department of the'' before ``Air Force Military History'' + each place it appears; and + (ii) in subsection (e)(1)-- + + (I) by inserting ``Department of the'' before ``Air + Force Military History''; and + (II) by inserting ``and the Space Force'' after + ``materials of the Air Force''. + + (B) Heading.--The heading of such section 9594 is amended + to read as follows: +``Sec. 9594. Department of the Air Force Military History Institute: + fee for providing historical information to the public''. + (C) Table of sections.--The table of sections at the + beginning of chapter 967 of such title is amended by striking + the item relating to section 9594 and inserting the following + new item: + +``9594. Department of the Air Force Military History Institute: fee for + providing historical information to the public.''. + + (9) Subsistence and other supplies: members of armed forces; + veterans; executive or military departments and employees; + prices.--Section 9621 of such title is amended-- + (A) in subsection (a)-- + (i) in paragraph (1), by inserting ``and members of the + Space Force'' after ``the Air Force''; and + (ii) in paragraph (2), by inserting ``and officers of + the Space Force'' after ``the Air Force''; + (B) in subsection (b), by inserting ``or the Space Force'' + after ``the Air Force''; + (C) in subsection (c), by inserting ``or the Space Force'' + after ``the Air Force''; + (D) in subsection (d), by striking ``or Marine Corps'' and + inserting ``Marine Corps, or Space Force''; + (E) in subsection (e)-- + (i) by inserting ``or the Space Force'' after ``the Air + Force'' the first place it appears; and + (ii) by inserting ``or the Space Force, respectively'' + after ``the Air Force'' the second place it appears; + (F) in subsection (f), by inserting ``or the Space Force'' + after ``the Air Force''; and + (G) in subsection (h)-- + (i) by inserting ``or the Space Force'' after ``the Air + Force'' the first place it appears; and + (ii) by inserting ``or members of the Space Force'' + after ``members of the Air Force''. + (10) Rations: commissioned officers in field.--Section 9622 of + such title is amended by inserting ``and commissioned officers of + the Space Force'' after ``officers of the Air Force''. + (11) Medical supplies: civilian employees of the air force.-- + Section 9624(a) of such title is amended-- + (A) by striking ``air base'' and inserting ``Air Force or + Space Force military installation''; and + (B) by striking ``Air Force when'' and inserting + ``Department of the Air Force when''. + (12) Ordnance property: officers of armed forces; civilian + employees of air force.-- + (A) In general.--Section 9625 of such title is amended-- + (i) in subsection (a), by inserting ``or the Space + Force'' after ``officers of the Air Force''; and + (ii) in subsection (b), by striking ``the Air Force'' + and inserting ``the Department of the Air Force''. + (B) Heading.--The heading of such section is amended to + read as follows: +``Sec. 9625. Ordnance property: officers of the armed forces; civilian + employees of the Department of the Air Force; American National Red + Cross; educational institutions; homes for veterans' orphans''. + (C) Table of sections.--The table of sections at the + beginning of chapter 969 of such title is amended by striking + the item relating to section 9625 and inserting the following + new item: + +``9625. Ordnance property: officers of the armed forces; civilian + employees of the Department of the Air Force; American + National Red Cross; educational institutions; homes for + veterans' orphans.''. + + (13) Supplies: educational institutions.--Section 9627 of such + title is amended-- + (A) by inserting ``or the Space Force'' after ``for the Air + Force''; + (B) by inserting ``or the Space Force'' after ``officer of + the Air Force''; and + (C) by striking ``air science and tactics'' and inserting + ``science and tactics''. + (14) Supplies: military instruction camps.--Section 9654 of + such title is amended-- + (A) by inserting ``or Space Force'' after ``an Air Force''; + and + (B) by striking ``air science and tactics'' and inserting + ``science and tactics''. + (15) Disposition of effects of deceased persons by summary + court-martial.--Section 9712(a)(1) of such title is amended by + inserting ``or the Space Force'' after ``the Air Force''. + (16) Acceptance of donations: land for mobilization, training, + supply base, or aviation field.-- + (A) In general.--Section 9771 of such title is amended in + paragraph (2) by inserting ``or space mission-related + facility'' after ``aviation field''. + (B) Heading.--The heading of such section 9771 is amended + to read as follows: +``Sec. 9771. Acceptance of donations: land for mobilization, training, + supply base, aviation field, or space mission-related facility''. + (C) Table of sections.--The table of sections at the + beginning of chapter 979 of such title is amended by striking + the item relating to section 9771 and inserting the following + new item: + +``9771. Acceptance of donations: land for mobilization, training, supply + base, aviation field, or space mission-related facility.''. + + (17) Acquisition and construction: air bases and depots.-- + (A) In general.--Section 9773 of such title is amended-- + (i) in subsection (a)-- + + (I) by striking ``permanent air bases'' and + inserting ``permanent Air Force and Space Force + military installations''; + (II) by striking ``existing air bases'' and + inserting ``existing installations''; and + (III) by inserting ``or the Space Force'' after + ``training of the Air Force''; + + (ii) in subsections (b) and (c), by striking ``air + bases'' each place it appears and inserting + ``installations''; + (iii) in subsection (b)(7), by inserting ``or Space + Force'' after ``Air Force''; + (iv) in subsection (c)-- + + (I) in paragraph (1), by inserting ``or Space + Force'' after ``Air Force''; and + (II) in paragraphs (3) and (4), by inserting ``or + the Space Force'' after ``the Air Force'' both places + it appears; and + + (v) in subsection (f), by striking ``air base'' and + inserting ``installation''. + (B) Heading.--The heading of such section 9773 is amended + to read as follows: +``Sec. 9773. Acquisition and construction: installations and depots''. + (C) Table of sections.--The table of sections at the + beginning of chapter 979 of such title is amended by striking + the item relating to section 9773 and inserting the following + new item: + +``9773. Acquisition and construction: installations and depots.''. + + (18) Emergency construction: fortifications.--Section 9776 of + such title is amended by striking ``air base'' and inserting + ``installation''. + (19) Use of public property.--Section 9779 of such title is + amended-- + (A) in subsection (a), by inserting ``or the Space Force'' + after ``economy of the Air Force''; and + (B) in subsection (b), by inserting ``or the Space Force'' + after ``support of the Air Force''. + (20) Disposition of real property at missile sites.--Section + 9781(a)(2) of such title is amended-- + (A) in the matter preceding subparagraph (A), by striking + ``Air Force'' and inserting ``Department of the Air Force''; + (B) in subparagraph (A), by striking ``Air Force'' the + first two places it appears and inserting ``Department of the + Air Force''; and + (C) in subparagraph (C), by striking ``Air Force'' and + inserting ``Department of the Air Force''. + (21) Maintenance and repair of real property.--Section 9782 of + such title is amended in subsections (c) and (d) by inserting ``or + the Space Force'' after ``the Air Force'' both places it appears. + (22) Settlement of accounts: remission or cancellation of + indebtedness of members.--Section 9837(a) of such title is amended + by inserting ``or the Space Force'' after ``member of the Air + Force''. + (23) Final settlement of officer's accounts.-- + (A) In general.--Section 9840 of such title is amended by + inserting ``or the Space Force'' after ``Air Force''. + (B) Technical amendments.--Such section 9840 is further + amended-- + (i) by striking ``he'' each place it appears and + inserting ``the officer''; and + (ii) by striking ``his'' each place it appears and + inserting ``the officer's''. + (24) Payment of small amounts to public creditors.--Section + 9841 of such title is amended by inserting ``or Space Force'' after + ``official of Air Force''. + (25) Settlement of accounts of line officers.--Section 9842 of + such title is amended by inserting ``or the Space Force'' after + ``Air Force''. + (f) Service of Incumbents in Certain Positions Without +Reappointment.-- + (1) In general.--The individual serving in a position under a + provision of law specified in paragraph (2) as of the date of the + enactment of this Act may continue to serve in such position after + that date without further appointment as otherwise provided by such + provision of law, notwithstanding the amendment of such provision + of law by subsection (b). + (2) Provisions of law.--The provisions of law specified in this + paragraph are the provisions of title 10, United States Code, as + follows: + (A) Section 9020, relating to the Inspector General of the + Department of the Air Force. + (B) Section 9036. relating to the Surgeon General of the + Air Force. + (C) Section 9037(a), relating to the Judge Advocate General + of the Air Force. + (D) Section 9037(d), relating to the Deputy Judge Advocate + General of the Air Force. + (E) Section 9039, relating to the Chief of Chaplains for + the Air Force and the Space Force. + SEC. 924. AMENDMENTS TO OTHER PROVISIONS OF TITLE 10, UNITED STATES + CODE. + (a) Definitions.--Section 101(b)(13) of title 10, United States +Code, is amended by striking ``or Marine Corps'' and inserting ``Marine +Corps, or Space Force''. + (b) Other Provisions of Subtitle A.-- + (1) Space force I.--Subtitle A of title 10, United States Code, + as amended by subsection (a), is further amended by striking ``and + Marine Corps'' each place it appears and inserting ``Marine Corps, + and Space Force'' in the following provisions: + (A) Section 116(a)(1) in the matter preceding subparagraph + (A). + (B) Section 533(a)(2). + (C) Section 646. + (D) Section 661(a). + (E) Section 712(a). + (F) Section 717(c)(1). + (G) Subsections (c) and (d) of section 741. + (H) Section 743. + (I) Section 1111(b)(4). + (J) Subsections (a)(2)(A) and (c)(2)(A)(ii) of section + 1143. + (K) Section 1174(j). + (L) Section 1463(a)(1). + (M) Section 1566. + (N) Section 2217(c)(2). + (O) Section 2259(a). + (P) Section 2640(j). + (2) Space force II.-- + (A) In general.--Such subtitle is further amended by + striking ``Marine Corps,'' each place it appears and inserting + ``Marine Corps, Space Force,'' in the following provisions: + (i) Section 123(a). + (ii) Section 172(a). + (iii) Section 518. + (iv) Section 747. + (v) Section 749. + (vi) Section 1552(c)(1). + (vii) Section 2632(c)(2)(A). + (viii) Section 2686(a). + (ix) Section 2733(a). + (B) Heading.--The heading of section 747 of such title is + amended to read as follows: +``Sec. 747. Command: when different commands of Army, Navy, Air Force, + Marine Corps, Space Force, and Coast Guard join''. + (C) Table of sections.--The table of sections at the + beginning of chapter 43 of such title is amended by striking + the item relating to section 747 and inserting the following + new item: + +``747. Command: when different commands of Army, Navy, Air Force, Marine + Corps, Space Force, and Coast Guard join.''. + + (3) Space force III.--Such subtitle is further amended by + striking ``or Marine Corps'' each place it appears and inserting + ``Marine Corps, or Space Force'' in the following provisions: + (A) Section 125(b). + (B) Section 541(a). + (C) Section 601(a). + (D) Section 603(a). + (E) Section 619(a). + (F) Section 619a(a). + (G) Section 624(c). + (H) Section 625(b). + (I) Subsections (a) and (d) of section 631. + (J) Section 632(a). + (K) Section 637(a)(2). + (L) Section 638(a). + (M) Section 741(d). + (N) Section 771. + (O) Section 772. + (P) Section 773. + (Q) Section 1123. + (R) Section 1143(d). + (S) Section 1174(a)(2). + (T) Section 1251(a). + (U) Section 1252(a). + (V) Section 1253(a). + (W) Section 1375. + (X) Section 1413a(h). + (Y) Section 1551. + (Z) Section 1561(a). + (AA) Section 1731(a)(1)(A)(ii). + (BB) Section 2102(a). + (CC) Section 2103a(a)(2). + (DD) Section 2104(b)(5). + (EE) Section 2107. + (FF) Section 2421. + (GG) Section 2631(a). + (HH) Section 2787(a). + (4) Regular space force I.--Such subtitle is further amended by + striking ``or Regular Marine Corps'' each place it appears and + inserting ``Regular Marine Corps, or Regular Space Force'' in the + following provisions: + (A) Section 531(c). + (B) Section 532(a) in the matter preceding paragraph (1). + (C) Subsections (a)(1), (b)(1), and (f) of section 533. + (D) Section 633(a). + (E) Section 634(a). + (F) Section 635. + (G) Section 636(a). + (H) Section 647(c). + (I) Section 688(b)(1). + (J) Section 1181. + (5) Regular space force II.--Such subtitle is further amended + by striking ``Regular Marine Corps,'' each place it appears and + inserting ``Regular Marine Corps, Regular Space Force,'' in the + following provisions: + (A) Section 505. + (B) Section 506. + (C) Section 508. + (6) Transfer, etc. of functions, powers, and duties.--Section + 125(b) of such title, as amended by paragraph (3)(A), is further + amended by striking ``or 9062(c)'' and inserting ``9062(c), or + 9081''. + (7) Joint staff matters.-- + (A) Appointment of chairman; grade and rank.--Section 152 + of such title is amended-- + (i) in subsection (b)(1)(C), by striking ``or the + Commandant of the Marine Corps'' and inserting ``the + Commandant of the Marine Corps, or the Chief of Space + Operations''; and + (ii) in subsection (c), by striking ``or, in the case + of the Navy, admiral'' and inserting ``, in the case of the + Navy, admiral, or, in the case of an officer of the Space + Force, the equivalent grade,''. + (B) Inclusion of space force on joint staff.--Section + 155(a)(2)(C) of such title is amended by inserting ``and the + Space Force'' after ``the Air Force''. + (8) Armed forces policy council.--Section 171(a) of such title + is amended-- + (A) in paragraph (15), by striking ``and''; + (B) in paragraph (16), by striking the period and inserting + ``; and''; and + (C) by adding at the end the following new paragraph: + ``(17) the Chief of Space Operations.''. + (9) Joint requirements oversight council.--Section 181(c)(1) of + such title is amended by adding at the end the following new + subparagraph: + ``(F) A Space Force officer in the grade equivalent to the + grade of general in the Army, Air Force, or Marine Corps, or + admiral in the Navy.''. + (10) Unfunded priorities.--Section 222a(b) of such title is + amended-- + (A) by redesignating paragraph (5) as paragraph (6); and + (B) by inserting after paragraph (4) the following new + paragraph: + ``(5) The Chief of Space Operations.''. + (11) Theater security cooperation expenses.--Section 312(b)(3) + of such title is amended by inserting ``the Chief of Space + Operations,'' after ``the Commandant of the Marine Corps,''. + (12) Western hemisphere institute.--Section 343(e)(1)(E) of + such title is amended by inserting ``or Space Force'' after ``for + the Air Force''. + (13) Original appointments of commissioned officers.--Section + 531(a) of such title is amended-- + (A) in paragraph (1), by striking ``and in the grades of + ensign, lieutenant (junior grade), and lieutenant in the + Regular Navy'' and inserting ``in the grades of ensign, + lieutenant (junior grade), and lieutenant in the Regular Navy, + and in the equivalent grades in the Regular Space Force''; and + (B) in paragraph (2), by striking ``and in the grades of + lieutenant commander, commander, and captain in the Regular + Navy'' and inserting ``in the grades of lieutenant commander, + commander, and captain in the Regular Navy, and in the + equivalent grades in the Regular Space Force''. + (14) Service credit upon original appointment as a commissioned + officer.--Section 533(b)(2) of such title is amended by striking + ``or captain in the Navy'' and inserting ``, captain in the Navy, + or an equivalent grade in the Space Force''. + (15) Senior joint officer positions: recommendations to the + secretary of defense.--Section 604(a)(1)(A) of such title is + amended by inserting ``and the name of at least one Space Force + officer'' after ``Air Force officer''. + (16) Force shaping authority.--Section 647(a)(2) of such title + is amended by striking ``of that armed force''. + (17) Members: required service.--Section 651(b) of such title + is amended by striking ``of his armed force''. + (18) Career flexibility to enhance retention of members.-- + Section 710(c)(1) of such title is amended by striking ``the armed + force concerned'' and inserting ``an armed force''. + (19) Senior members of military staff committee of united + nations.--Section 711 of such title is amended by inserting ``or + the Space Force'' after ``Air Force''. + (20) Rank: chief of space operations.-- + (A) In general.--Section 743 of such title is amended by + striking ``and the Commandant of the Marine Corps'' and + inserting ``the Commandant of the Marine Corps, and the Chief + of Space Operations''. + (B) Heading.--The heading of such section 743 is amended to + read as follows: +``Sec. 743. Rank: Chief of Staff of the Army; Chief of Naval + Operations; Chief of Staff of the Air Force; Commandant of the + Marine Corps; Chief of Space Operations''. + (C) Table of sections.--The table of sections at the + beginning of chapter 43 of such title is amended by striking + the item relating to section 743 and inserting the following + new item: + +``743. Rank: Chief of Staff of the Army; Chief of Naval Operations; + Chief of Staff of the Air Force; Commandant of the Marine + Corps; Chief of Space Operations.''. + + (21) Uniform code of military justice.--Chapter 47 of such + title (the Uniform Code of Military Justice) is amended-- + (A) in section 822(a)(7) (article 22(a)(7)), by striking + ``Marine Corps'' and inserting ``Marine Corps, or the + commanding officer of a corresponding unit of the Space + Force''; + (B) in section 823(a) (article 23(a))-- + (i) in paragraph (2)-- + + (I) by striking ``Air Force base'' and inserting + ``Air Force or Space Force military installation''; and + (II) by striking ``or the Air Force'' and inserting + ``the Air Force, or the Space Force''; and + + (ii) in paragraph (4), by inserting ``or a + corresponding unit of the Space Force'' after ``Air + Force''; and + (C) in section 824(a)(3) (article 24(a)(3)), by inserting + ``or a corresponding unit of the Space Force'' after ``Air + Force''. + (22) Service as cadet or midshipman not counted for length of + service.--Section 971(b)(2) of such title is amended by striking + ``or Air Force'' and inserting ``, Air Force, or Space Force''. + (23) Referral bonus.--Section 1030(h)(3) of such title is + amended by inserting ``and the Space Force'' after ``concerning the + Air Force''. + (24) Return to active duty from temporary disability.--Section + 1211(a) of such title is amended-- + (A) in the matter preceding paragraph (1), by striking ``or + the Air Force'' and inserting ``, the Air Force, or the Space + Force''; and + (B) in paragraph (6)-- + (i) by striking ``or the Air Force, who'' and inserting + ``the Air Force, or the Space Force who''; and + (ii) by striking ``or the Air Force, as'' and inserting + ``the Air Force, or the Space Force, as''. + (25) Years of service.--Section 1405(c) of such title is + amended by striking ``or Air Force'' and inserting ``, Air Force, + or Space Force''. + (26) Retired pay base for persons who became members before + september 8, 1980.--Section 1406 of such title is amended-- + (A) in the heading of subsection (e), by inserting ``and + Space Force'' after ``Air Force''; and + (B) in subsection (i)(3)-- + (i) in subparagraph (A)-- + + (I) by redesignating clause (v) as clause (vi); and + (II) by inserting after clause (iv) the following + new clause (v): + + ``(v) Chief of Space Operations.''; and + (ii) in subparagraph (B)-- + + (I) by redesignating clause (v) as clause (vi); and + (II) by inserting after clause (iv) the following + new clause (v): + + ``(v) The senior enlisted advisor of the Space + Force.''. + (27) Special requirements for military personnel in the + acquisition field.-- + (A) In general.--Section 1722a(a) of such title is amended + by striking ``and the Commandant of the Marine Corps (with + respect to the Army, Navy, Air Force, and Marine Corps, + respectively)'' and inserting ``, the Commandant of the Marine + Corps, and the Chief of Space Operations (with respect to the + Army, Navy, Air Force, Marine Corps, and Space Force, + respectively)''. + (B) Clarifying amendment.--Such section 1722a(a) is further + amended by striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``the + Under Secretary of Defense for Acquisition and Sustainment''. + (28) Senior military acquisition advisors.--Section + 1725(e)(1)(C) of such title is amended by inserting ``and Space + Force'' before the period. + (29) Military family readiness council.--Section 1781a(b)(1) of + such title is amended by striking ``Marine Corps, and Air Force'' + each place it appears and inserting ``Air Force, Marine Corps, and + Space Force''. + (30) Financial assistance program for specially selected + members.--Section 2107 of such title is amended-- + (A) in subsection (a)-- + (i) by striking ``or as a'' and inserting ``, as a''; + and + (ii) by inserting ``or as an officer in the equivalent + grade in the Space Force'' after ``Marine Corps,''; + (B) in subsection (b)-- + (i) in paragraph (3), by striking ``the reserve + component of the armed force in which he is appointed as a + cadet or midshipman'' and inserting ``the reserve component + of an armed force''; and + (ii) in paragraph (5), by striking ``reserve component + of that armed force'' each place it appears and inserting + ``reserve component of an armed force''; and + (C) in subsection (d), by striking ``second lieutenant or + ensign'' and inserting ``second lieutenant, ensign, or an + equivalent grade in the Space Force''. + (31) Space rapid capabilities office.--Section 2273a(d) of such + title is amended by striking paragraph (3). + (32) Acquisition-related functions of chiefs of the armed + forces.--Section 2547(a) of such title is amended by striking ``and + the Commandant of the Marine Corps'' and inserting ``the Commandant + of the Marine Corps, and the Chief of Space Operations''. + (33) Agreements related to military training, testing, and + operations.--Section 2684a(i) of such title is amended by inserting + ``Space Force,'' before ``or Defense-wide activities'' each place + it appears. + (c) Provisions of Subtitle B.-- + (1) In general.--Subtitle B of title 10, United States Code, is + amended by striking ``or Marine Corps'' each place it appears and + inserting ``Marine Corps, or Space Force'' in the following + provisions: + (A) Section 7452(c). + (B) Section 7621(d). + (2) Computation of years of service.--Section 7326(a)(1) of + such title is amended by striking ``or the Air Force'' and + inserting ``, the Air Force, or the Space Force''. + (d) Provisions of Subtitle C.-- + (1) Cadets; hazing.--Section 8464(f) of title 10, United States + Code, is amended by striking ``or Marine Corps'' and inserting + ``Marine Corps, or Space Force''. + (2) Sales prices.-- + (A) In general.--Section 8802 of such title is amended by + striking ``or the Air Force'' and inserting ``, the Air Force, + or the Space Force''. + (B) Heading.--The heading of such section 8802 is amended + to read as follows: +``Sec. 8802. Sales: members of Army, Air Force, and Space Force; + prices''. + (C) Table of sections.--The table of sections at the + beginning of chapter 879 of such title is amended by striking + the item relating to section 8802 and inserting the following + new item: + +``8802. Sales: members of Army, Air Force, and Space Force; prices.''. + + (3) Sales to certain veterans.--Section 8803 of such title is + amended by striking ``or the Marine Corps'' and inserting ``the + Marine Corps, or the Space Force''. + (4) Subsistence and other supplies.--Section 8806(d) of such + title is amended by striking ``or Air Force or Marine Corps'' and + inserting ``, Air Force, Marine Corps, or Space Force''. + (5) Scope of chapter on prize.--Section 8851(a) of such title + is amended by striking ``or the Air Force'' and inserting ``, the + Air Force, or the Space Force''. + SEC. 925. AMENDMENTS TO PROVISIONS OF LAW RELATING TO PAY AND + ALLOWANCES. + (a) Definitions.--Section 101 of title 37, United States Code, is +amended-- + (1) in paragraphs (3) and (4), by inserting ``Space Force,'' + after ``Marine Corps,'' each place it appears; and + (2) in paragraph (5)(C), by inserting ``and the Space Force'' + after ``Air Force''. + (b) Basic Pay Rates.-- + (1) Commissioned officers.--Footnote 2 of the table titled + ``COMMISSIONED OFFICERS'' in section 601(c) of the John Warner + National Defense Authorization Act for Fiscal Year 2007 (Public Law + 109-364; 37 U.S.C. 1009 note) is amended by inserting after + ``Commandant of the Marine Corps,'' the following: ``Chief of Space + Operations,''. + (2) Enlisted members.--Footnote 2 of the table titled + ``ENLISTED MEMBERS'' in section 601(c) of the John Warner National + Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; + 37 U.S.C. 1009 note) is amended by inserting after ``Sergeant Major + of the Marine Corps,'' the following: ``the senior enlisted advisor + of the Space Force,''. + (c) Pay Grades: Assignment to; General Rules.--Section 201(a) of +title 37, United States Code, is amended-- + (1) by striking ``(a) For the purpose'' and inserting ``(a)(1) + Subject to paragraph (2), for the purpose''; and + (2) by adding at the end the following new paragraph: + ``(2) For the purpose of computing their basic pay, commissioned +officers of the Space Force are assigned to the pay grades in the table +in paragraph (1) by grade or rank in the Air Force that is equivalent +to the grade or rank in which such officers are serving in the Space +Force.''. + (d) Pay of Senior Enlisted Members.--Section 210(c) of title 37, +United States Code, is amended-- + (1) by redesignating paragraph (5) as paragraph (6); and + (2) by inserting after paragraph (4) the following new + paragraph (5): + ``(5) The senior enlisted advisor of the Space Force.''. + (e) Allowances Other Than Travel and Transportation Allowances.-- + (1) Personal money allowance.--Section 414 of title 37, United + States Code, is amended-- + (A) in subsection (a)(5), by inserting ``Chief of Space + Operations,'' after ``Commandant of the Marines Corps,''; and + (B) in subsection (b), by inserting ``the senior enlisted + advisor of the Space Force,'' after ``the Sergeant Major of the + Marine Corps,''. + (2) Clothing allowance: enlisted members.--Section 418(d) of + such title is amended-- + (A) in paragraph (1), by striking ``or Marine Corps'' and + inserting ``Marine Corps, or Space Force''; and + (B) in paragraph (4), by striking ``or the Marine Corps'' + and inserting ``the Marine Corps, or the Space Force''. + (f) Travel and Transportation Allowances: Parking Expenses.-- +Section 481i(b) of title 37, United States Code, is amended by striking +``or Marine Corps'' and inserting ``Marine Corps, or Space Force''. + (g) Leave.-- + (1) Addition of space force.--Chapter 9 of title 37, United + States Code, is amended by inserting ``Space Force,'' after + ``Marines Corps,'' each place it appears in the following + provisions: + (A) Subsections (b)(1) and (e)(1) of section 501. + (B) Section 502(a). + (C) Section 503(a). + (2) Addition of regular space force.--Section 501(b)(5)(C) of + such title is amended by striking ``or Regular Marine Corps'' and + inserting ``Regular Marine Corps, or Regular Space Force''. + (3) Technical amendments.--Chapter 9 of such title is further + amended as follows: + (A) In section 501(b)(1)-- + (i) by striking ``his'' each place it appears and + inserting ``the member's''; and + (ii) by striking ``he'' and inserting ``the member''. + (B) In section 502-- + (i) by striking ``his designated representative'' each + place it appears and inserting ``the Secretary's designated + representative''; + (ii) in subsection (a), by striking ``he'' each place + it appears and inserting ``the member''; and + (iii) in subsection (b), by striking ``his'' and + inserting ``the member's''. + (h) Allotment and Assignment of Pay.-- + (1) In general.--Subsections (a), (c), and (d) of section 701 + of title 37, United States Code, are each amended by striking ``or + Marine Corps'' and inserting ``Marine Corps, or Space Force''. + (2) Technical amendments.--Such section 701 is further + amended-- + (A) in subsection (a), by striking ``his'' and inserting + ``the officer's''; + (B) in subsection (b), by striking ``his'' and inserting + ``the person's''; and + (C) in subsection (c), by striking ``his pay, and if he + does so'' and inserting ``the member's pay, and if the member + does so''. + (3) Heading.--The heading of such section 701 is amended to + read as follows: +``Sec. 701. Members of the Army, Navy, Air Force, Marine Corps, and + Space Force; contract surgeons''. + (4) Table of sections.--The table of sections at the beginning + of chapter 13 of such title is amended by striking the item + relating to section 701 and inserting the following new item: + +``701. Members of the Army, Navy, Air Force, Marine Corps, and Space + Force; contract surgeons.''. + + (i) Forfeiture of Pay.-- + (1) Forfeiture for absence for intemperate use of alcohol or + drugs.-- + (A) In general.--Section 802 of title 37, United States + Code, is amended by striking ``or Marine Corps'' and inserting + ``Marine Corps, or Space Force''. + (B) Technical amendments.--Such section 802 is further + amended by striking ``his'' each place it appears and inserting + ``the member's''. + (2) Forfeiture when dropped from rolls.-- + (A) In general.--Section 803 of such title is amended by + striking ``or the Air Force'' and inserting ``, the Air Force, + or the Space Force''. + (B) Heading.--The heading of such section 803 is amended to + read as follows: +``Sec. 803. Commissioned officers of the Army, Air Force, or Space + Force: forfeiture of pay when dropped from rolls''. + (C) Table of sections.--The table of sections at the + beginning of chapter 15 of such title is amended by striking + the item relating to section 803 and inserting the following + new item: -``9531. Procurement of commercial satellite communications services.''. +``803. Commissioned officers of the Army, Air Force, or Space Force: + forfeiture of pay when dropped from rolls.''. + + (j) Effect on Pay of Extension of Enlistment.--Section 906 of title +37, United States Code, is amended by inserting ``Space Force,'' after +``Marine Corps,''. + (k) Administration of Pay.-- + (1) Prompt payment required.-- + (A) In general.--Section 1005 of title 37, United States + Code, is amended by striking ``and of the Air Force'' and + inserting ``, the Air Force, and the Space Force''. + (B) Heading.--The heading of such section 1005 is amended + to read as follows: +``Sec. 1005. Army, Air Force, and Space Force: prompt payments + required''. + (C) Table of sections.--The table of sections at the + beginning of chapter 15 of such title is amended by striking + the item relating to section 803 and inserting the following + new item: + +``1005. Army, Air Force, and Space Force: prompt payments required.''. -SEC. 925. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE OF MEMBERS - IN PAY GRADES E-8 AND E-9. + (2) Deductions from pay.-- + (A) In general.--Section 1007 of such title is amended-- + (i) in subsections (b), (d), (f), and (g), by striking + ``or the Air Force'' and inserting ``, the Air Force, or + the Space Force''; and + (ii) in subsection (e), by striking ``or Marine Corps'' + and inserting ``Marine Corps, or Space Force''. + (B) Technical amendments.--Such section 1007 is further + amended-- + (i) in subsection (b), by striking ``him'' and + inserting ``the member''; + (ii) in subsection (d), by striking ``his'' each place + it appears and inserting ``the member's''; and + (iii) in subsection (f)-- + (I) by striking ``his'' and inserting ``the + officer's''; and + (II) by striking ``he'' both places it appears and + inserting ``the officer''. + + SEC. 926. AMENDMENTS TO PROVISIONS OF LAW RELATING TO VETERANS' + BENEFITS. + (a) Addition of Space Service to References to Military, Naval, or +Air Service.--Title 38, United States Code, is amended by striking ``or +air service'' and inserting ``air, or space service'' each place it +appears in the following provisions: + (1) Paragraphs (2), (5), (12), (16), (17), (18), (24), and (32) + of section 101. + (2) Section 105(a). + (3) Section 106(b). + (4) Section 701. + (5) Paragraphs (1) and (2)(A) of section 1101. + (6) Section 1103. + (7) Section 1110. + (8) Subsections (b)(1) and (c)(1) of section 1112. + (9) Section 1113(b). + (10) Section 1131. + (11) Section 1132. + (12) Section 1133. + (13) Section 1137. + (14) Section 1141. + (15) Section 1153. + (16) Section 1301. + (17) Subsections (a) and (b) of section 1302. + (18) Section 1310(b). + (19) Section 1521(j). + (20) Section 1541(h). + (21) Subsections (a)(2)(B) and (e)(3) of section 1710. + (22) Section 1712(a). + (23) Section 1712A(c). + (24) Section 1717(d)(1). + (25) Subsections (b) and (c) of section 1720A. + (26) Section 1720D(c)(3). + (27) Section 1720E(a). + (28) Section 1720G(a)(2)(B). + (29) Subsections (b)(2), (e)(1), and (e)(4) of section 1720I. + (30) Section 1781(a)(3). + (31) Section 1783(b)(1). + (32) Section 1922(a). + (33) Section 2002(b)(1). + (34) Section 2101A(a)(1). + (35) Subsections (a)(1)(C) and (d) of section 2301. + (36) Section 2302(a). + (37) Section 2303(b)(2). + (38) Subsections (b)(4)(A) and (g)(2) of section 2306. + (39) Section 2402(a)(1). + (40) Section 3018B(a). + (41) Section 3102(a)(1)(A)(ii). + (42) Subsections (a) and (b)(2)(A) of section 3103. + (43) Section 3113(a). + (44) Section 3501(a). + (45) Section 3512(b)(1)(B)(iii). + (46) Section 3679(c)(2)(A). + (47) Section 3701(b)(2). + (48) Section 3712(e)(2). + (49) Section 3729(c)(1). + (50) Subparagraphs (A) and (B) of section 3901(1). + (51) Subsections (c)(1)(A) and (d)(2)(B) of section 5103A. + (52) Section 5110(j). + (53) Section 5111(a)(2)(A). + (54) Section 5113(b)(3)(C). + (55) Section 5303(e). + (56) Section 6104(c). + (57) Section 6105(a). + (58) Subsections (a)(1) and (b)(3) of section 6301. + (59) Section 6303(b). + (60) Section 6304(b)(1). + (61) Section 8301. + (b) Definitions.-- + (1) Armed forces.--Paragraph (10) of section 101 of title 38, + United States Code, is amended by inserting ``Space Force,'' after + ``Air Force,''. + (2) Secretary concerned.--Paragraph (25)(C) of such section is + amended by inserting ``or the Space Force'' before the semicolon. + (3) Space force reserve.--Paragraph (27) of such section is + amended-- + (A) by redesignating subparagraphs (E) through (G) as + subparagraphs (F) through (H), respectively; and + (B) by inserting after subparagraph (D) the following new + subparagraph (E): + ``(E) the Space Force Reserve;''. + (c) Placement of Employees in Military Installations.--Section 701 +of title 38, United States Code, is amended by striking ``and Air +Force'' and inserting ``Air Force, and Space Force''. + (d) Consideration to Be Accorded Time, Place, and Circumstances of +Service.--Section 1154(b) of title 38, United States Code, is amended +by striking ``or air organization'' and inserting ``air, or space +organization''. + (e) Premium Payments.--Section 1908 of title 38, United States +Code, is amended by inserting ``Space Force,'' after ``Marine Corps,''. + (f) Secretary Concerned for GI Bill.--Section 3020(l)(3) of title +38, United States Code, is amended by inserting ``or the Space Force'' +before the semicolon. + (g) Definitions for Post-9/11 GI Bill.--Section 3301(2)(C) of title +38,United States Code, is amended by inserting ``or the Space Force'' +after ``Air Force''. + (h) Provision of Credit Protection and Other Services.--Section +5724(c)(2) of title 38, United States Code, is amended by striking ``or +Marine Corps'' and inserting ``Marine Corps, or Space Force''. + SEC. 927. AMENDMENTS TO OTHER PROVISIONS OF THE UNITED STATES CODE + AND OTHER LAWS. + (a) Title 5; Definition of Armed Forces.--Section 2101(2) of title +5, United States Code, is amended by inserting after ``Marine Corps,'' +the following: ``Space Force,''. + (b) Title 14.-- + (1) Voluntary retirement.--Section 2152 of title 14, United + States Code, is amended by striking ``or Marine Corps'' and + inserting ``Marine Corps, or Space Force''. + (2) Computation of length of service.--Section 2513 of such + title is amended by inserting after ``Air Force,'' the following: + ``Space Force,''. + (c) Title 18; Firearms as Nonmailable.--Section 1715 of such title +is amended by inserting ``Space Force,'' after ``Marine Corps,''. + (d) Title 31.-- + (1) Definitions relating to claims.--Section 3701(a)(7) of + title 31, United States Code, is amended by inserting ``Space + Force,'' after ``Marine Corps,''. + (2) Collection and compromise.--Section 3711(f) of such title + is amended in paragraphs (1) and (3) by inserting ``Space Force,'' + after ``Marine Corps,'' each place it appears. + (e) Title 41; Honorable Discharge Certificate in Lieu of Birth +Certificate.--Section 6309(a) of title 41, United States Code, is +amended by inserting ``Space Force,'' after ``Marine Corps,''. + (f) Title 51; Powers of the Administration in Performance of +Functions.--Section 20113(l) of title 51, United States Code, is +amended-- + (1) in the subsection heading, by striking ``Services'' and + inserting ``Forces''; and + (2) by striking ``and Marine Corps'' and inserting ``Marine + Corps, and Space Force''. + (g) Public Law 79-772; Board of National Air and Space Museum.-- +Section 1(a) of the Act of August 12, 1946 (60 Stat. 997, chapter 995; +20 U.S.C. 77(a)), is amended by inserting ``the Chief of Space +Operations, or the Chief's designee,'' after ``the Chief of Staff of +the Air Force, or his designee,''. + SEC. 928. APPLICABILITY TO OTHER PROVISIONS OF LAW. + Section 958(b)(1) of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1567; 10 U.S.C. 9081 +note) is amended-- + (1) in the matter preceding subparagraph (A), by striking ``or + the amendments made by this subtitle'' and inserting ``, the + amendments made by this subtitle, or the amendments made by + subtitle C of title IX of the William M. (Mac) Thornberry National + Defense Authorization Act for Fiscal Year 2021''; + (2) in subparagraph (A), by striking ``and'' at the end; + (3) in subparagraph (B), by striking the period at the end and + inserting a semicolon; and + (4) by adding at the end the following new subparagraphs: + ``(C) the authority of the Secretary of Defense with + respect to the Air Force, members of the Air Force, or civilian + employees of the Air Force may be exercised by the Secretary + with respect to the Space Force, members of the Space Force, or + civilian employees of the Space Force; and + ``(D) the authority of the Secretary of the Air Force with + respect to the Air Force, members of the Air Force, or civilian + employees of the Air Force may be exercised by the Secretary + with respect to the Space Force, members of the Space Force, or + civilian employees of the Space Force.''. + SEC. 929. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE OF + MEMBERS IN PAY GRADES E-8 AND E-9. Section 517 of title 10, United States Code, shall not apply to the Space Force until October 1, 2023. + SEC. 930. LIMITATION ON TRANSFER OF MILITARY INSTALLATIONS TO THE + JURISDICTION OF THE SPACE FORCE. + (a) Limitation.--A military installation (whether or not under the +jurisdiction of the Department of the Air Force) may not be transferred +to the jurisdiction or command of the Space Force until the Secretary +of the Air Force briefs the congressional defense committees on the +results of a business case analysis, conducted by the Secretary in +connection with the transfer, of the cost and efficacy of the transfer. + (b) Timing of Briefing.--The briefing on a business case analysis +conducted pursuant to subsection (a) shall be provided not later than +15 days after the date of the completion of the business case analysis +by the Secretary. + SEC. 931. ORGANIZATION OF THE SPACE FORCE. + (a) Limitations.-- + (1) Secretary of defense.--The Secretary of Defense may not + establish a Space National Guard or Space Reserve as a reserve + component of the Space Force until the Secretary completes the + study under subsection (b) and determines, based on the result of + such study, that a Space National Guard or a Space Reserve is the + organization best suited to discharge, in an effective and + efficient manner, the missions intended to be assigned to such + organization. + (2) Secretary of the air force.--Until the Secretary of Defense + carries out subsection (b), the Secretary of the Air Force may + not-- + (A) transfer, to another component of the Air Force, any + member or civilian personnel of the Air National Guard who is + assigned to a space mission; or + (B) relocate any asset, or dissolve any element, of the Air + National Guard or Air Force Reserve that is assigned to a space + mission. + (b) Study and Report Required.--Not later than March 31, 2021, the +Secretary of Defense shall conduct a study to formulate a plan +regarding how best to organize the active and reserve components of the +Space Force and submit to the Committees on Armed Services of the +Senate and the House of Representatives a report regarding such study. +The report shall include the following: + (1) The assumptions and factors used to make the plan. + (2) Individuals who made recommendations regarding the + organization of such components. + (3) Determinations of the Secretary regarding the mission, + organization, and unit retention of such components. + (4) The final organizational and integration recommendations + regarding such components. + (5) The proposed staffing and operational organization for such + components. + (6) The estimated date of implementation of the plan. + (7) Any savings or costs arising from the preservation of + existing space-related force structures in the Air National Guard. + (c) Rule of Construction.--Nothing in this section may be construed +to prohibit the reserve components of the Air Force from performing +space missions or continuing to support the Air Force and the Space +Force in the performance of space missions. + + TITLE X--GENERAL PROVISIONS -SEC. 926. ONE-TIME UNIFORM ALLOWANCE FOR MEMBERS TRANSFERRED TO THE - SPACE FORCE. + Subtitle A--Financial Matters - (a) In General.--The Secretary of the Air Force may provide an -officer or enlisted member who transfers from the Army, Navy, Air -Force, or Marine Corps to the Space Force an allowance of not more than -$400 as reimbursement for the purchase of required uniforms and -equipment. - (b) Relationship to Other Allowances.--The allowance under this -section is in addition to any allowance available under any other -provision of law. - (c) Source of Funds.--Funds for allowances provided under -subsection (a) in a fiscal year may be derived only from amounts -authorized to be appropriated for military personnel for such fiscal -year. - (d) Applicability.--The authority for an allowance under this -section shall apply with respect to any member of the Army, Navy, Air -Force, or Marine Corps who transfers to the Space Force on or after -December 20, 2019, and on or before September 30, 2023. +Sec. 1001. General transfer authority. +Sec. 1002. Budget materials for special operations forces. +Sec. 1003. Application of Financial Improvement and Audit Remediation + Plan to fiscal years following fiscal year 2020. +Sec. 1004. Incentives for the achievement by the components of the + Department of Defense of unqualified audit opinions on the + financial statements. +Sec. 1005. Audit readiness and remediation. +Sec. 1006. Addition of Chief of the National Guard Bureau to the list of + officers providing reports of unfunded priorities. -SEC. 927. RANK AND GRADE STRUCTURE OF THE UNITED STATES SPACE FORCE. + Subtitle B--Counterdrug Activities - The Space Force shall use a system of ranks and grades that is -identical to the system of ranks and grades used by the Navy. +Sec. 1011. Quarterly reports on Department of Defense support provided + to other United States agencies for counterdrug activities and + activities to counter transnational organized crime. -SEC. 928. REPORT ON THE ROLE OF THE NAVAL POSTGRADUATE SCHOOL IN SPACE - EDUCATION. + Subtitle C--Naval Vessels - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of the Navy shall submit to the -congressional defense committees a report on the future role of the -Naval Postgraduate School in space education. - (b) Elements.--The report under subsection (a) shall include the -following: - (1) An overview of the Naval Postgraduate School's existing - space-focused education and research capabilities, programs, - products, and outputs. - (2) An identification and evaluation of additional space- - focused educational requirements that may be fulfilled by the - Naval Postgraduate school, including any requirements resulting - from the establishment of the Space Force or otherwise - necessitated by the evolving space-related needs of the - Department of Defense. - (3) A plan for meeting the requirements identified under - paragraph (2), including a description of the types and amounts - of additional resources that may be needed for the Naval - Postgraduate School to meet such requirements over the period - of 5 fiscal years following the date of the report. +Sec. 1021. Limitation on availability of certain funds without naval + vessels plan and certification. +Sec. 1022. Limitations on use of funds in National Defense Sealift Fund + for purchase of foreign constructed vessels. +Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally + funded contracts to provide full funding for Columbia class + submarines. +Sec. 1024. Preference for United States vessels in transporting supplies + by sea. +Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in + foreign shipyards. +Sec. 1026. Biennial report on shipbuilder training and the defense + industrial base. +Sec. 1027. Modification of waiver authority on prohibition on use of + funds for retirement of certain legacy maritime mine + countermeasure platforms. +Sec. 1028. Extension of authority for reimbursement of expenses for + certain Navy mess operations afloat. +Sec. 1029. Working group on stabilization of Navy shipbuilding + industrial base workforce. +Sec. 1030. Limitation on naval force structure changes. - TITLE X--GENERAL PROVISIONS + Subtitle D--Counterterrorism + +Sec. 1041. Extension of prohibition on use of funds for transfer or + release of individuals detained at United States Naval + Station, Guantanamo Bay, Cuba, to the United States. +Sec. 1042. Extension of prohibition on use of funds to construct or + modify facilities in the United States to house detainees + transferred from United States Naval Station, Guantanamo Bay, + Cuba. +Sec. 1043. Extension of prohibition on use of funds for transfer or + release of individuals detained at United States Naval + Station, Guantanamo Bay, Cuba, to certain countries. +Sec. 1044. Extension of prohibition on use of funds to close or + relinquish control of United States Naval Station, Guantanamo + Bay, Cuba. + + Subtitle E--Miscellaneous Authorities and Limitations + +Sec. 1051. Support of special operations to combat terrorism. +Sec. 1052. Expenditure of funds for Department of Defense clandestine + activities that support operational preparation of the + environment. +Sec. 1053. Sale or donation of excess Department of Defense personal + property for law enforcement activities. +Sec. 1054. Prohibition on retirement of nuclear powered aircraft + carriers before first refueling. +Sec. 1055. Reauthorization of National Oceanographic Partnership + Program. +Sec. 1056. Modification and technical correction to Department of + Defense authority to provide assistance along the southern + land border of the United States. +Sec. 1057. Limitation on use of funds for retirement of A-10 aircraft. +Sec. 1058. Considerations relating to permanently basing United States + equipment or additional forces in host countries with at-risk + vendors in 5G or 6G networks. +Sec. 1059. Public availability of Department of Defense legislative + proposals. +Sec. 1060. Arctic planning, research, and development. +Sec. 1061. Authority to establish a movement coordination center pacific + in the Indo-Pacific region. +Sec. 1062. Limitation on provision of funds to institutions of higher + education hosting Confucius Institutes. +Sec. 1063. Support for national maritime heritage grants program. +Sec. 1064. Requirements for use of Federal law enforcement personnel, + active duty members of the Armed Forces, and National Guard + personnel in support of Federal authorities to respond to + civil disturbances. + + Subtitle F--Studies and Reports + +Sec. 1071. FFRDC study of explosive ordnance disposal agencies. +Sec. 1072. Study on force structure for Marine Corps aviation. +Sec. 1073. Report on joint training range exercises for the Pacific + region. +Sec. 1074. Reports on threats to United States forces from small + unmanned aircraft systems worldwide. +Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving + the budget justification and related materials of the + Department of Defense. +Sec. 1076. Quarterly briefings on Joint All Domain Command and Control + effort. +Sec. 1077. Report on civilian casualty resourcing and authorities. +Sec. 1078. Comptroller General Review of Department of Defense efforts + to prevent resale of goods manufactured by forced labor in + commissaries and exchanges. +Sec. 1079. Comptroller General report on Department of Defense processes + for responding to congressional reporting requirements. + + Subtitle G--Other Matters + +Sec. 1081. Technical, conforming, and clerical amendments. +Sec. 1082. Reporting of adverse events relating to consumer products on + military installations. +Sec. 1083. Modification to First Division monument. +Sec. 1084. Sense of Congress regarding reporting of civilian casualties + resulting from United States military operations. +Sec. 1085. Deployment of real-time status of special use airspace. +Sec. 1086. Duties of Secretary under uniformed and overseas citizens + absentee voting act. +Sec. 1087. Mitigation of military helicopter noise. +Sec. 1088. Congressional expression of support for designation of + National Borinqueneers Day. +Sec. 1089. Ted Stevens Center for Arctic Security Studies. +Sec. 1090. Establishment of vetting procedures and monitoring + requirements for certain military training. +Sec. 1091. Personal protective equipment matters. Subtitle A--Financial Matters SEC. 1001. GENERAL TRANSFER AUTHORITY. - (a) Authority To Transfer Authorizations.-- - (1) Authority.--Upon determination by the Secretary of - Defense that such action is necessary in the national interest, - the Secretary may transfer amounts of authorizations made - available to the Department of Defense in this division for - fiscal year 2021 between any such authorizations for that - fiscal year (or any subdivisions thereof). Amounts of - authorizations so transferred shall be merged with and be - available for the same purposes as the authorization to which - transferred. - (2) Limitation.--Except as provided in paragraph (3), the - total amount of authorizations that the Secretary may transfer - under the authority of this section may not exceed - $4,000,000,000. - (3) Exception for transfers between military personnel - authorizations.--A transfer of funds between military personnel - authorizations under title IV shall not be counted toward the - dollar limitation in paragraph (2). + (1) Authority.--Upon determination by the Secretary of Defense + that such action is necessary in the national interest, the + Secretary may transfer amounts of authorizations made available to + the Department of Defense in this division for fiscal year 2021 + between any such authorizations for that fiscal year (or any + subdivisions thereof). Amounts of authorizations so transferred + shall be merged with and be available for the same purposes as the + authorization to which transferred. + (2) Limitation.--Except as provided in paragraph (3), the total + amount of authorizations that the Secretary may transfer under the + authority of this section may not exceed $4,000,000,000. + (3) Exception for transfers between military personnel + authorizations.--A transfer of funds between military personnel + authorizations under title IV shall not be counted toward the + dollar limitation in paragraph (2). (b) Limitations.--The authority provided by subsection (a) to transfer authorizations-- - (1) may only be used to provide authority for items that - have a higher priority than the items from which authority is - transferred; and - (2) may not be used to provide authority for an item that - has been denied authorization by Congress. + (1) may only be used to provide authority for items that have a + higher priority than the items from which authority is transferred; + and + (2) may not be used to provide authority for an item that has + been denied authorization by Congress. (c) Effect on Authorization Amounts.--A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to Congress.--The Secretary shall promptly notify Congress of each transfer made under subsection (a). - (e) Certification Requirement.--The authority to transfer any -authorization under this section may not be used until the Secretary of -Defense and the head of each entity affected by such transfer submits -to the congressional defense committees certification in writing that-- - (1) the amount transferred will be used for higher priority - items, based on unforeseen military requirements, than the - items from which authority is transferred; and - (2) the amount transferred will not be used for any item - for which funds have been denied authorization by Congress. - -SEC. 1002. DETERMINATION OF BUDGETARY EFFECTS. - - The budgetary effects of this Act, for the purpose of complying -with the Statutory Pay-As-You-Go Act of 2010, shall be determined by -reference to the latest statement titled ``Budgetary Effects of PAYGO -Legislation'' for this Act, submitted for printing in the Congressional -Record by the Chairman of the House Budget Committee, provided that -such statement has been submitted prior to the vote on passage. - -SEC. 1003. PANDEMIC PREPAREDNESS AND RESILIENCE NATIONAL SECURITY FUND. - - (a) Fund Purposes.--Amounts authorized to be appropriated for -Research and Development, Defense-Wide, Pandemic Preparedness and -Resilience National Security Fund shall be available for obligation and -expenditure only for the purposes of pandemic preparedness. Such -amounts may not be used for a purpose or program unless the purpose or -program is authorized by law. - (b) Transfers.-- - (1) In general.--Amounts referred to in subsection (a) may - be transferred as follows: - (A) To Procurement, Defense-wide and Research, - Development, Test, and Evaluation, Defense-wide, not - more than an aggregate of $200,000,000 to carry out the - Small Business Industrial Base Resilience Program - established by section 844 of this Act. - (B) To Research, Development, Test, and Evaluation, - Defense-wide, line 9, Biomedical Technology, not more - than $50,000,000 for research that aims to rapidly - produce medical countermeasures against novel threats, - at population scale and approved for use in people. - (C) To the following, not more than an aggregate of - $750,000,000 to support research and development - efforts directly related to biopreparedness and - pandemic preparedness and resilience: - (i) Research, Development, Test, and - Evaluation, Army. - (ii) Research, Development, Test, and - Evaluation, Navy. - (iii) Research, Development, Test, and - Evaluation, Air Force. - (iv) Research, Development, Test, and - Evaluation, Defense-wide. - (v) Defense Health Program. - (D) To Research, development, test, and evaluation, - Defense-wide, Line 16, Chemical and Biological Defense - Program, not more than $27,000,000 for research and - development to detect and model treatments for nuclear, - chemical, and biological exposure. - (E) To research, development, test, and evaluation, - Defense-wide, line 44, Chemical and Biological Defense - Program - Advanced Development, not more than - $30,000,000 for the development of decontamination - technologies for civilian pandemic preparedness. - (F) To research, development, test, and evaluation, - Defense-wide, line 49, Manufacturing Science and - Technology Program, not more than $35,000,000 for - support for the development of advanced manufacturing - techniques and technologies that enable the United - States defense industrial base to rapidly produce - needed materials for novel biological threats. - (2) Limitation.--Amounts referred to in subsection (a) may - not be transferred for-- - (A) Drug Interdiction and Counter-Drug Activities; - or - (B) military construction (as defined in section - 2801(a) of title 10, United States Code), including the - purposes described in section 2802(b) of such title, or - military family housing, including the purposes - described in section 2821(a) of such title. - (3) Notice requirement.--Not later than 30 days before - transferring any amount described in subsection (a), the - Secretary of Defense shall submit to the congressional defense - committees notice of the transfer. - (4) Exception from general transfer authority.--A transfer - under this subsection shall not be counted toward the dollar - amount limitation under section 1001. - -SEC. 1004. BUDGET MATERIALS FOR SPECIAL OPERATIONS FORCES. - +SEC. 1002. BUDGET MATERIALS FOR SPECIAL OPERATIONS FORCES. Section 226 of title 10, United States Code, is amended-- - (1) in subsection (a)-- - (A) by inserting ``of Defense and the Secretary of - each of the military departments'' after ``Secretary''; - (B) by striking ``2021'' and inserting ``2022''; - (C) by striking ``a consolidated budget - justification display'' and inserting ``a budget - justification display for each applicable - appropriation''; - (D) in the second sentence, by striking ``display'' - and all that follows and inserting ``displays shall - include each of the following:'' and - (E) by adding at the end the following new - paragraphs: - ``(1) Details at the appropriation and line item level, - including any amount for service-common support, acquisition - support, training, operations, pay and allowances, base - operations sustainment, and any other common services and - support. - ``(2) An identification of any change in the level or type - of service-common support and enabling capabilities provided by - each of the military services or Defense Agencies to special - operations forces for the fiscal year covered by the budget - justification display when compared to the preceding fiscal - year, including the rationale for any such change and any - mitigating actions. - ``(3) An assessment of the specific effects that the budget - justification display for the fiscal year covered by the - display and any anticipated future manpower and force structure - changes are likely to have on the ability of each of the - military services to provide service-common support and - enabling capabilities to special operations forces. - ``(4) Any other matters the Secretary of Defense or the - Secretary of a military department determines are relevant.''; - (2) by redesignating subsection (b) as subsection (c); and - (3) by inserting after subsection (a) the following new - subsection (b): + (1) in subsection (a)-- + (A) by inserting ``of Defense and the Secretary of each of + the military departments'' after ``Secretary''; + (B) by striking ``2021'' and inserting ``2022''; + (C) by striking ``a consolidated budget justification + display'' and inserting ``a budget justification display for + each applicable appropriation''; + (D) in the second sentence, by striking ``display'' and all + that follows and inserting ``displays shall include each of the + following:'' and + (E) by adding at the end the following new paragraphs: + ``(1) Details at the appropriation and line item level, + including any amount for service-common support, acquisition + support, training, operations, pay and allowances, base operations + sustainment, and any other common services and support. + ``(2) An identification of any change in the level or type of + service-common support and enabling capabilities provided by each + of the military services or Defense Agencies to special operations + forces for the fiscal year covered by the budget justification + display when compared to the preceding fiscal year, including the + rationale for any such change and any mitigating actions. + ``(3) An assessment of the specific effects that the budget + justification display for the fiscal year covered by the display + and any anticipated future manpower and force structure changes are + likely to have on the ability of each of the military services to + provide service-common support and enabling capabilities to special + operations forces. + ``(4) Any other matters the Secretary of Defense or the + Secretary of a military department determines are relevant.''; + (2) by redesignating subsection (b) as subsection (c); and + (3) by inserting after subsection (a) the following new + subsection (b): ``(b) Consolidated Budget Justification Display.--The Secretary of Defense shall include, in the budget materials submitted to Congress under section 1105 of title 31, for fiscal year 2022 and any subsequent @@ -22836,138 +25095,239 @@ same information as is required in the budget justification displays required under subsection (a). Such consolidated budget justification display may be provided as a summary by appropriation for each military department and a summary by appropriation for all Defense Agencies.''. - -SEC. 1005. DEPARTMENT OF DEFENSE AUDIT REMEDIATION PLAN. - - Section 240g(a) of title 10, United States Code, is amended-- - (1) in paragraph (2), by striking ``and'' at the end; - (2) in paragraph (3), by striking the period and inserting - ``; and''; and - (3) by adding at the end the following new paragraphs: - ``(4) the amount spent by the Department on operating and - maintaining financial management systems during the preceding - five fiscal years; and - ``(5) the amount spent by the Department on acquiring or - developing new financial management systems during such five - fiscal years.''. - -SEC. 1006. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE LEGISLATIVE - PROPOSALS. - - Not later than 7 days after the transmission to the Committee on -Armed Services of the Senate or the Committee on Armed Services of the -House of Representatives of any Department of Defense legislative -proposal, the Secretary of Defense shall make publicly available on a -website of the Department such legislative proposal, including any bill -text and section-by-section analyses associated with the proposal. +SEC. 1003. APPLICATION OF FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION +PLAN TO FISCAL YEARS FOLLOWING FISCAL YEAR 2020. + Section 240b(a)(2)(A)(iii) of title 10, United States Code, is +amended by striking ``for fiscal year 2018'' and all that follows and +inserting ``for each fiscal year after fiscal year 2020 occurs by not +later than March 31 following such fiscal year;''. +SEC. 1004. INCENTIVES FOR THE ACHIEVEMENT BY THE COMPONENTS OF THE +DEPARTMENT OF DEFENSE OF UNQUALIFIED AUDIT OPINIONS ON THE FINANCIAL +STATEMENTS. + (a) Incentives Required.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Under Secretary of Defense + (Comptroller), acting through the Deputy Chief Financial Officer of + the Department of Defense, shall develop and issue guidance to + provide incentives for the achievement by each department, agency, + and other component of the Department of Defense of unqualified + audit opinions on their financial statements. + (2) Applicability.--The guidance required under paragraph (1) + shall provide incentives for individual employees in addition to + departments, agencies, and components. + (b) Report.--Section 240b(b)(1)(B) of title 10, United States Code, +is amended by adding at the end the following new clause: + ``(xiii) An description of the incentives available + pursuant to the guidance required by section 1004(a) of the + William M. (Mac) Thornberry National Defense Authorization + Act for Fiscal Year 2021, including a detailed explanation + of how such incentives were provided during the fiscal year + covered by the report.''. +SEC. 1005. AUDIT READINESS AND REMEDIATION. + (a) Audit Remediation Plan.--Section 240g(a) of title 10, United +States Code, is amended-- + (1) in paragraph (2), by striking ``and'' at the end; + (2) in paragraph (3), by striking the period and inserting ``; + and''; and + (3) by adding at the end the following new paragraphs: + ``(4) the amount spent by the Department on operating and + maintaining financial management systems during the preceding five + fiscal years; and + ``(5) the amount spent by the Department on acquiring or + developing new financial management systems during such five fiscal + years.''. + (b) Annual Report on Unfunded Priorities.-- + (1) In general.--Chapter 9A of title 10, United States Code, is + amended by adding at the end the following new section: +``Sec. 240i. Annual report on unfunded priorities + ``(a) In General.--Not later than 10 days after the date on which +the budget of the President for a fiscal year is submitted to Congress +pursuant to section 1105 of title 31, the Under Secretary of Defense +(Comptroller) shall submit to the Secretary of Defense, the Chairman of +the Joint Chiefs of Staff, and the congressional defense committees a +report on unfunded priorities of the Department of Defense related to +audit readiness and remediation. + ``(b) Elements.--(1) Each report under subsection (a) shall +include, for each unfunded priority covered by such report, the +following: + ``(A) A summary description of such priority, including the + objectives to be achieved if such priority were to be funded + (whether in whole or in part). + ``(B) The additional amount of funds recommended in connection + with the objectives identified under subparagraph (A). + ``(C) Account information with respect to such priority, + including, as applicable, the following: + ``(i) Line item number, in the case of applicable + procurement accounts. + ``(ii) Program element number, in the case of applicable + research, development, test, and evaluation accounts. + ``(iii) Sub-activity group, in the case of applicable + operation and maintenance accounts. + ``(2) The Under Secretary shall ensure that the unfunded priorities +covered by a report under subsection (a) are listed in the order of +urgency of priority, as determined by the Under Secretary. + ``(c) Unfunded Priority Defined.--In this section, the term +`unfunded priority', with respect to a fiscal year, means an activity +related to an audit readiness or remediation effort stemming from a +relevant requirement under the Chief Financial Officer Act (Public Law +101-576), chapter 9 of title 31, or this chapter that-- + ``(1) is not funded in the budget of the President for that + fiscal year, as submitted to Congress pursuant to section 1105 of + title 31; + ``(2) is necessary to address a shortfall in an audit readiness + or remediation activity; and + ``(3) would have been recommended for funding through the + budget referred to in paragraph (1) if-- + ``(A) additional resources had been available for the + budget to fund the program, activity, or mission requirement; + or + ``(B) the program, activity, or mission requirement had + emerged before the budget was formulated.''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter is amended by inserting after the item relating to + section 240h the following new item: + +``240i. Annual report on unfunded priorities.''. +SEC. 1006. ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU TO THE LIST +OF OFFICERS PROVIDING REPORTS OF UNFUNDED PRIORITIES. + Section 222a of title 10, United States Code, is amended-- + (1) in subsection (b), as amended by section 924, by adding at + the end the following new paragraph: + ``(7) The Chief of the National Guard Bureau in the role + assigned to that position in section 10502(c)(1) of this title.''; + and + (2) in subsection (c), by adding at the end the following new + paragraph: + ``(3) National guard unfunded priorities.-- + ``(A) In general.--The officer specified under subsection + (b)(6) shall only include in a report submitted under + subsection (a) such priorities that-- + ``(i) relate to equipping requirements in support of + non-federalized National Guard responsibilities for the + homeland defense or civil support missions; and + ``(ii) except as provided in subparagraph (B), were not + included in a report under this section submitted by an + officer specified in subsection (b)(1) or (3) for any of + five fiscal years preceding the fiscal year for which the + report is submitted, on behalf of National Guard forces to + address a warfighting requirement. + ``(B) Exception.--The officer specified under subsection + (b)(6) may include in a report submitted under subsection (a) + an unfunded priority covered by subparagraph (A)(ii) if the + Secretary of Defense-- + ``(i) determines that the inclusion such unfunded + priority reasonably supports the priorities of the + Department under the national defense strategy under + section 113(g) of this title; and + ``(ii) submits to the congressional defense committees + written notice of such determination.''. Subtitle B--Counterdrug Activities -SEC. 1011. SUPPORT FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO COUNTER - TRANSNATIONAL ORGANIZED CRIME AFFECTING FLOW OF DRUGS - INTO THE UNITED STATES. - - Section 284(c) of title 10, United States Code, is amended-- - (1) by striking paragraph (2), and inserting the following - new paragraph (2): - ``(2) Secretary of state concurrence.--The Secretary may - only provide support for a purpose described in this subsection - with the concurrence of the Secretary of State.''; and - (2) by adding at the end the following new paragraph: - ``(3) Priority.--In providing support for a purpose - described in this subsection, the Secretary shall give priority - to support requested for the purpose of affecting the flow of - drugs into the United States.''. - -SEC. 1012. CONGRESSIONAL NOTIFICATION WITH RESPECT TO DEPARTMENT OF - DEFENSE SUPPORT PROVIDED TO OTHER UNITED STATES AGENCIES - FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO COUNTER - TRANSNATIONAL ORGANIZED CRIME. - - Section 284(h) of title 10, United States Code, is amended-- - (1) in paragraph (1)-- - (A) by redesignating subparagraphs (A) and (B) as - subparagraphs (B) and (C), respectively; and - (B) by inserting before subparagraph (B), as so - redesignated, the following new subparagraph (A): - ``(A) In case of support for a purpose described in - subsection (b)-- - ``(i) an identification of the recipient of - the support; - ``(ii) a description of the support - provided; - ``(iii) a description of the sources and - amounts of funds used to provide such support; - and - ``(iv) a description of the amount of funds - obligated to provide such support.''; and - (2) by adding at the end the following new paragraph: - ``(3) Appropriate committees of congress.--For purposes of - any notice submitted under this subsection with respect to - support described in paragraph (1)(A), the appropriate - committees of Congress are-- - ``(A) the Committees on Armed Services of the - Senate and House of Representatives; and - ``(B) any committee with jurisdiction over the - department or agency that receives the support covered - by the notice.''. +SEC. 1011. QUARTERLY REPORTS ON DEPARTMENT OF DEFENSE SUPPORT PROVIDED +TO OTHER UNITED STATES AGENCIES FOR COUNTERDRUG ACTIVITIES AND +ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED CRIME. + Section 284(h) of title 10, United States Code, is amended by +adding at the end the following new paragraph: + ``(3) Quarterly reports.-- + ``(A) In general.--Not less frequently than once each + quarter, the Secretary shall submit to the appropriate + committees of Congress a report on Department of Defense + support provided under subsection (b) during the quarter + preceding the quarter during which the report is submitted. + Each such report shall be submitted in written and electronic + form and shall include-- + ``(i) an identification of each recipient of such + support; + ``(ii) a description of the support provided and + anticipated duration of such support; and + ``(iii) a description of the sources and amounts of + funds used to provide such support; + ``(B) Appropriate committees of congress.--Notwithstanding + subsection (i)(1), for purposes of a report under this + paragraph, the appropriate committees of Congress are-- + ``(i) the Committees on Armed Services of the Senate + and House of Representatives; and + ``(ii) any committee with jurisdiction over the + department or agency that receives support covered by the + report.''. Subtitle C--Naval Vessels SEC. 1021. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS WITHOUT NAVAL - VESSELS PLAN AND CERTIFICATION. - - Section 231(e) of title 10, United States Code, is amended-- - (1) in paragraph (1)-- - (A) by striking ``Secretary of the Navy'' and - inserting ``Secretary of Defense''; and - (B) by striking ``50 percent'' and inserting ``25 - percent''; and - (2) in paragraph (2)-- - (A) by striking ``Secretary of the Navy'' and - inserting ``Secretary of Defense''; and - (B) by striking ``operation and maintenance, Navy'' - and inserting ``operation and maintenance, Defense- - wide''. - -SEC. 1022. LIMITATIONS ON USE OF FUNDS IN THE NATIONAL DEFENSE SEALIFT - FUND FOR PURCHASE OF FOREIGN CONSTRUCTED VESSELS. - +VESSELS PLAN AND CERTIFICATION. + Section 231 of title 10, United States Code, is amended-- + (1) in subsection (a)-- + (A) by striking ``Secretary of Defense'' and inserting + ``Secretary of the Navy''; and + (B) by striking ``and'' after the colon; and + (2) in subsection (e)-- + (A) in paragraph (1), by striking ``the Secretary of the + Navy may not use more than 50 percent of the funds'' and + inserting ``the Secretary of Defense may not use more than 25 + percent of the funds''; and + (B) in paragraph (2)-- + (i) by striking ``Secretary of the Navy'' and inserting + ``Secretary of Defense''; + (ii) by striking ``operation and maintenance, Navy'' + and inserting ``operation and maintenance, Defense-wide''; + and + (iii) by inserting before the period at the end the + following: ``, that remain available for obligation or + expenditure as of the date on which the plan and + certification under subsection (a) are required to be + submitted''. +SEC. 1022. LIMITATIONS ON USE OF FUNDS IN NATIONAL DEFENSE SEALIFT FUND +FOR PURCHASE OF FOREIGN CONSTRUCTED VESSELS. Section 2218(f)(3) of title 10, United States Code, is amended-- - (1) in subparagraph (C), by striking ``seven'' and - inserting ``nine''; and - (2) in subparagraph (E), by striking ``two'' and inserting - ``four''. - + (1) in subparagraph (C), by striking ``seven'' and inserting + ``nine''; + (2) in subparagraph (E)-- + (A) in the matter preceding clause (i), by striking ``two'' + and inserting ``four''; and + (B) in clause (ii), by striking ``2026'' and inserting + ``2028''; and + (3) in subparagraph (G), by striking ``subparagraph (E)'' and + inserting ``subparagraph (F)''. SEC. 1023. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR INCREMENTALLY - FUNDED CONTRACTS TO PROVIDE FULL FUNDING FOR COLUMBIA - CLASS SUBMARINES. - - Section 2218a(h)(1) of title 10, United States Code, is amended by -striking ``and properly phased installment payments'' and inserting ``, -properly phased installment payments, and full funding for the first -two Columbia class submarines''. - +FUNDED CONTRACTS TO PROVIDE FULL FUNDING FOR COLUMBIA CLASS SUBMARINES. + (a) In General.--Section 2218a(h)(1) of title 10, United States +Code, is amended-- + (1) by striking ``incrementally funded contracts for'' and all + that follows and inserting ``incrementally funded contracts for-- + ''; and + (2) by adding at the end the following new subparagraphs: + ``(A) advance procurement of high value, long lead time items + for nuclear powered vessels to better support construction + schedules and achieve cost savings through schedule reductions and + properly phased installment payments; and + ``(B) construction of the first two Columbia class + submarines.''. + (b) Limitation.--None of the amounts authorized to be appropriated +or otherwise made available for any of fiscal years 2021 through 2023 +for the Department of Defense for Shipbuilding and Conversion, Navy, +for the ``Ohio Replacement Submarine'' line item, may be obligated or +expended for the construction of SSBN 827, unless otherwise +specifically provided by law. SEC. 1024. PREFERENCE FOR UNITED STATES VESSELS IN TRANSPORTING - SUPPLIES BY SEA. - +SUPPLIES BY SEA. (a) Preference for United States Vessels in Transporting Supplies by Sea.-- - (1) In general.--Section 2631 of title 10, United States - Code, is amended to read as follows: + (1) In general.--Section 2631 of title 10, United States Code, + is amended to read as follows: ``Sec. 2631. Preference for United States vessels in transporting - supplies by sea + supplies by sea ``(a) In General.--Supplies bought for the Army, Navy, Air Force, or Marine Corps, or for a Defense Agency, or otherwise transported by the Department of Defense, may only be transported by sea in-- - ``(1) a vessel belonging to the United States; or - ``(2) a vessel of the United States (as such term is - defined in section 116 of title 46). + ``(1) a vessel belonging to the United States; or + ``(2) a vessel of the United States (as such term is defined in + section 116 of title 46). ``(b) Waiver and Notification.--(1) The Secretary of Defense may waive the requirement under subsection (a) if such a vessel is-- - ``(A) not available at a fair and reasonable rate for - commercial vessels of the United States; or - ``(B) otherwise not available. + ``(A) not available at a fair and reasonable rate for + commercial vessels of the United States; or + ``(B) otherwise not available. ``(2) At least once each fiscal year, the Secretary of Defense shall submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this subsection and the reasons for @@ -22976,16 +25336,15 @@ such waiver. request for proposals to enter into a time-charter contract for the use of a vessel for the transportation of supplies under this section, the Secretary of Defense shall require that-- - ``(A) any reflagging or repair work on a vessel for which a - proposal is submitted in response to the request for proposals - be performed in the United States (including any territory of - the United States); and - ``(B) any corrective and preventive maintenance or repair - work on a vessel under contract pursuant to this section - relevant to the purpose of such contract be performed in the - United States (including any territory of the United States) - for the duration of the contract, to the greatest extent - practicable. + ``(A) any reflagging or repair work on a vessel for which a + proposal is submitted in response to the request for proposals be + performed in the United States (including any territory of the + United States); and + ``(B) any corrective and preventive maintenance or repair work + on a vessel under contract pursuant to this section relevant to the + purpose of such contract be performed in the United States + (including any territory of the United States) for the duration of + the contract, to the greatest extent practicable. ``(2) The Secretary of Defense may waive a requirement under paragraph (1) if the Secretary determines that such waiver is critical to the national security of the United States. The Secretary shall @@ -22993,95 +25352,94 @@ immediately submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this paragraph and the reasons for such waiver. ``(3) In this subsection: - ``(A) The term `reflagging or repair work' means work - performed on a vessel-- - ``(i) to enable the vessel to meet applicable - standards to become a vessel of the United States; or - ``(ii) to convert the vessel to a more useful - military configuration. - ``(B) The term `corrective and preventive maintenance or - repair' means-- - ``(i) maintenance or repair actions performed as a - result of a failure in order to return or restore - equipment to acceptable performance levels; and - ``(ii) scheduled maintenance or repair actions to - prevent or discover functional failures. + ``(A) The term `reflagging or repair work' means work performed + on a vessel-- + ``(i) to enable the vessel to meet applicable standards to + become a vessel of the United States; or + ``(ii) to convert the vessel to a more useful military + configuration. + ``(B) The term `corrective and preventive maintenance or + repair' means-- + ``(i) maintenance or repair actions performed as a result + of a failure in order to return or restore equipment to + acceptable performance levels; and + ``(ii) scheduled maintenance or repair actions to prevent + or discover functional failures. ``(d) Compliance.--The Secretary of Defense shall ensure that contracting officers of the Department of Defense award contracts under this section to responsible offerors and monitor and ensure compliance with the requirements of this section. The Secretary shall-- - ``(1) ensure that timely, accurate, and complete - information on contractor performance under this section is - included in any contractor past performance database used by an - executive agency; and - ``(2) exercise appropriate contractual rights and remedies - against contractors who fail to comply with this section, or - subchapter I of chapter 553 of title 46 as determined by the - Secretary of Transportation under such subchapter, including - by-- - ``(A) determining that a contractor is ineligible - for an award of such a contract; or - ``(B) terminating such a contract or suspension or - debarment of the contractor for such contract. + ``(1) ensure that timely, accurate, and complete information on + contractor performance under this section is included in any + contractor past performance database used by an executive agency; + and + ``(2) exercise appropriate contractual rights and remedies + against contractors who fail to comply with this section, or + subchapter I of chapter 553 of title 46, as determined by the + Secretary of Transportation under such subchapter, including by-- + ``(A) determining that a contractor is ineligible for an + award of such a contract; or + ``(B) terminating such a contract or suspension or + debarment of the contractor for such contract. ``(e) Appropriate Congressional Committees Defined.--In this section, the term `appropriate congressional committees' means-- - ``(1) the Committees on Armed Services of the Senate and - the House of Representatives; - ``(2) the Committee on Transportation and Infrastructure of - the House of Representatives; and - ``(3) the Committee on Commerce, Science, and - Transportation of the Senate.''. - (2) Clerical amendment.--The table of contents for chapter - 157 of title 10, United States Code, is amended by amending the - item relating to section 2361 to read as follows: - -``2361. Preference for United States vessels in transporting supplies - by sea.''. + ``(1) the Committees on Armed Services of the Senate and the + House of Representatives; + ``(2) the Committee on Transportation and Infrastructure of the + House of Representatives; and + ``(3) the Committee on Commerce, Science, and Transportation of + the Senate.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 157 of title 10, United States Code, is amended by + striking the item relating to section 2631 and inserting the + following new item: + +``2631. Preference for United States vessels in transporting supplies by + sea.''. + (b) Amendments to Title 46, United States Code.-- - (1) Transfer of provision relating to priority loading for - coal.-- - (A) In general.--Section 55301 of title 46, United - States Code, is redesignated as section 55123 of such - title, transferred to appear after section 55122 of - such title, and amended so that the enumerator, section - heading, typeface, and typestyle conform to those - appearing in other sections in such title. - (B) Conforming amendments.-- - (i) The analysis for subchapter I of - chapter 553 of title 46, United States Code, is - amended by striking the item relating to - section 55301. - (ii) The analysis for chapter 551 of title - 46, United States Code, is amended by inserting - after the item relating to section 55122 the - following new item: + (1) Transfer of provision relating to priority loading for + coal.-- + (A) In general.--Section 55301 of title 46, United States + Code, is redesignated as section 55123 of such title, + transferred to appear after section 55122 of such title, and + amended so that the enumerator, section heading, typeface, and + typestyle conform to those appearing in other sections in such + title. + (B) Conforming amendments.-- + (i) The analysis for subchapter I of chapter 553 of + title 46, United States Code, is amended by striking the + item relating to section 55301. + (ii) The analysis for chapter 551 of title 46, United + States Code, is amended by inserting after the item + relating to section 55122 the following new item: ``55123. Priority loading for coal.''. - (2) Amendment to subchapter heading.--The heading of - subchapter I of chapter 553 of title 46, United States Code, is - amended to read as follows: + + (2) Amendment to subchapter heading.--The heading of subchapter + I of chapter 553 of title 46, United States Code, is amended to + read as follows: ``subchapter i--government impelled transportation''. SEC. 1025. RESTRICTIONS ON OVERHAUL, REPAIR, ETC. OF NAVAL VESSELS IN - FOREIGN SHIPYARDS. - +FOREIGN SHIPYARDS. (a) Exception for Damage Repair Due to Hostile Actions or Interventions.--Section 8680(a) of title 10, United States Code, is amended-- - (1) in paragraph (1), by striking ``, other than in the - case of voyage repairs''; and - (2) by adding at the end the following new paragraph: + (1) in paragraph (1), by striking ``, other than in the case of + voyage repairs''; and + (2) by adding at the end the following new paragraph: ``(3) Notwithstanding paragraph (1), a naval vessel described in paragraph (1) may be repaired in a shipyard outside the United States or Guam if the repairs are-- - ``(A) voyage repairs; or - ``(B) necessary to correct damage sustained due to hostile - actions or interventions.''. + ``(A) voyage repairs; or + ``(B) necessary to correct damage sustained due to hostile + actions or interventions.''. (b) Limited Authority To Use Foreign Workers.--Section 8680(a)(2)(B)(i) of title 10, United States Code, is amended-- - (1) by inserting ``(I)'' after ``(i)''; and - (2) by adding at the end the following new subclauses: + (1) by inserting ``(I)'' after ``(i)''; and + (2) by adding at the end the following new subclauses: ``(II) Notwithstanding subclause (I), foreign workers may be used to perform corrective and preventive maintenance or repair on a vessel as described in subparagraph (A) only if the Secretary of the Navy @@ -23101,16 +25459,14 @@ preventive maintenance or repair.''. (c) Technical Correction.--Section 8680(a)(2)(C)(ii) of title 10, United States Code, is amended by striking the period after ``means-- ''. - -SEC. 1026. BIANNUAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE - INDUSTRIAL BASE. - +SEC. 1026. BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE +INDUSTRIAL BASE. (a) In General.--Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: -``Sec. 8692. Biannual report on shipbuilder training and the defense - industrial base +``Sec. 8692. Biennial report on shipbuilder training and the defense + industrial base ``Not later than February 1 of each even-numbered year until 2026, -the Secretary of Defense, in coordination with the Secretary of Labor, +the Secretary of the Navy, in coordination with the Secretary of Labor, shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Education and Labor of the House @@ -23118,76 +25474,144 @@ of Representatives a report on shipbuilder training and hiring requirements necessary to achieve the Navy's 30-year shipbuilding plan and to maintain the shipbuilding readiness of the defense industrial base. Each such report shall include each of the following: - ``(1) An analysis and estimate of the time and investment - required for new shipbuilders to gain proficiency in particular - shipbuilding occupational specialties, including detailed - information about the occupational specialty requirements - necessary for construction of naval surface ship and submarine - classes to be included in the Navy's 30-year shipbuilding plan. - ``(2) An analysis of the age demographics and occupational - experience level (measured in years of experience) of the - shipbuilding defense industrial workforce. - ``(3) An analysis of the potential time and investment - challenges associated with developing and retaining - shipbuilding skills in organizations that lack intermediate - levels of shipbuilding experience. - ``(4) Recommendations concerning how to address shipbuilder - training during periods of demographic transition and evolving - naval fleet architecture consistent with the Navy's 2020 - Integrated Force Structure Assessment. - ``(5) An analysis of whether emerging technologies, such as - augmented reality, may aid in new shipbuilder training. - ``(6) Recommendations concerning how to encourage young - adults to enter the defense shipbuilding industry and to - develop the skills necessary to support the shipbuilding - defense industrial base.''. + ``(1) An analysis and estimate of the time and investment + required for new shipbuilders to gain proficiency in particular + shipbuilding occupational specialties, including detailed + information about the occupational specialty requirements necessary + for construction of naval surface ship and submarine classes to be + included in the Navy's 30-year shipbuilding plan. + ``(2) An analysis of the age demographics and occupational + experience level (measured in years of experience) of the + shipbuilding defense industrial workforce. + ``(3) An analysis of the potential time and investment + challenges associated with developing and retaining shipbuilding + skills in organizations that lack intermediate levels of + shipbuilding experience. + ``(4) Recommendations concerning how to address shipbuilder + training during periods of demographic transition and evolving + naval fleet architecture consistent with the Navy's most recent + Integrated Force Structure Assessment. + ``(5) An analysis of whether emerging technologies, such as + augmented reality, may aid in new shipbuilder training. + ``(6) Recommendations concerning how to encourage young adults + to enter the defense shipbuilding industry and to develop the + skills necessary to support the shipbuilding defense industrial + base.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: -``8692. Biannual report on shipbuilder training and the defense - industrial base.''. - -SEC. 1027. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF CERTAIN - LITTORAL COMBAT SHIPS. - - (a) Prohibition.--None of the funds authorized to be appropriated -by this Act or otherwise made available for fiscal year 2021 for the -Navy may be obligated or expended to retire or prepare for the -retirement, transfer, or placement in storage any ships designated as -LCS-3 or LCS-4 until the date on which the Secretary of the Navy -submits the certification required under subsection (b). - (b) Certification.--Upon the completion of all operational tests on -each of the mission modules designed for the Littoral Combat Ship, the -Secretary of the Navy shall submit to the congressional defense -committees certification of such completion. - -SEC. 1028. REPORT ON IMPLEMENTATION OF COMMANDANT'S PLANNING GUIDANCE. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -congressional defense committees a report on the implementation of the -Commandant's Planning Guidance. Such report shall include a detailed -description of each of the following: - (1) The specific number and type of manned littoral ships - required to execute such Guidance. - (2) The role of long-range unmanned surface vessels in the - execution of such Guidance. - (3) How platforms referred to in paragraphs (1) and (2) - account for and interact with ground-based missiles fielded by - teams of Marines deployed throughout the Indo-Pacific region. - (4) The integrated naval command and control architecture - required to support the platforms referred to in paragraphs (1) - and (2). - (5) The projected cost and any additional resources - required to deliver the platforms referred to in paragraph (1) - and (2) by not later than 5 years after the date of the - enactment of this Act. - (b) Form of Report.--The report required under this section shall -be submitted in unclassified form, but may contain a classified annex. -The unclassified report shall be made publicly available. - -SEC. 1029. LIMITATION ON NAVAL FORCE STRUCTURE CHANGES. - +``8692. Biennial report on shipbuilder training and the defense + industrial base.''. +SEC. 1027. MODIFICATION OF WAIVER AUTHORITY ON PROHIBITION ON USE OF +FUNDS FOR RETIREMENT OF CERTAIN LEGACY MARITIME MINE COUNTERMEASURE +PLATFORMS. + (a) In General.--Section 1046(b)(1) of the National Defense +Authorization Act for Fiscal Year 2018 (Public law 115-91; 131 Stat. +1556) is amended by striking ``certifies'' and inserting ``, with the +concurrence of the Director of Operational Test and Evaluation, +certifies in writing''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on the date of the enactment of this Act, and shall apply +with respect to waivers under subsection (b)(1) of section 1046 of the +National Defense Authorization Act for Fiscal Year 2018 of the +prohibition under subsection (a) of that section that occur on or after +that date. +SEC. 1028. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES FOR +CERTAIN NAVY MESS OPERATIONS AFLOAT. + Section 1014(b) of the Duncan Hunter National Defense Authorization +Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4585), as most +recently amended by section 1023(a) of the National Defense +Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. +966), is further amended by striking ``September 30, 2020'' and +inserting ``September 30, 2025''. +SEC. 1029. WORKING GROUP ON STABILIZATION OF NAVY SHIPBUILDING +INDUSTRIAL BASE WORKFORCE. + (a) In General.--The Secretary of the Navy and the Secretary of +Labor shall jointly establish and appoint members to a working group, +which shall make recommendations to enhance the integration of +programs, resources, and expertise to strengthen the Navy shipbuilding +industrial base through greater stabilization of the workforce +available to the Navy shipbuilding industrial base. + (b) Duties.--The working group established pursuant to subsection +(a) shall carry out the following activities: + (1) Analyze existing Department of the Navy shipbuilding + contracts and other relevant information to better anticipate + future employment trends and tailor support and opportunities for + workers most vulnerable to upcoming workforce fluctuations. + (2) Identify existing Department of Labor programs for + unemployed, underemployed, and furloughed employees that could + benefit the Navy shipbuilding industrial base workforce during + times of workload fluctuations and workforce instability, and + explore potential partnerships to connect employees with + appropriate resources. + (3) Explore possible cost sharing agreements to enable the + Secretary of the Navy to contribute funding to existing Department + of Labor workforce programs to support the Navy shipbuilding + industrial base workforce. + (4) Examine possible programs that will specifically assist + furloughed employees in the Navy shipbuilding industrial base + workforce who may sporadically rely on unemployment benefits. + (5) Explore opportunities for unemployed, underemployed, or + furloughed employees in the Navy shipbuilding industrial base + workforce to receive workforce training through temporary + partnerships with States, technical schools, community colleges, + and other local workforce development opportunities. + (6) Review existing training programs for the Navy shipbuilding + industrial base workforce to maximize relevant and necessary + training opportunities that would broaden employee skillset during + times of unemployment, underemployment, or furlough, where + applicable. + (7) Assess the possibility of Navy shipbuilding employee + support programs to weather a period of unemployment, + underemployment, or furlough, including compensation options, + alternative employment, temporary stipends, or other worker support + opportunities. + (8) Study cross-State credentialing requirements and identify + any restrictions that inhibit the flexibility of the Navy + shipbuilding industrial base workforce to seek employment + opportunities across State lines, and make recommendations to + streamline licensing, credentialing, certification, and + qualification requirements within the shipbuilding industry. + (9) Review additional or new contracting authorities that could + enable the Department of the Navy to award short-term, flexible + contracts that will prioritize work for unemployed, underemployed, + or furloughed employees within the Navy shipbuilding industrial + base workforce. + (10) Identify specific workforce support programs to support + suppliers of all sizes within the Navy shipbuilding industrial + base, and assess any additional support from prime contractors that + would improve the stability of such suppliers. + (11) Assess whether greater collaboration with the United + States Coast Guard and its shipbuilding contractors and + subcontractors would improve Navy shipbuilding industrial base + workforce stability by assessing a totality of Navy and Coast Guard + shipbuilding demands. + (12) Consider potential pilot programs that will specifically + address Navy shipbuilding industrial base workforce stability. + (13) Explore any additional opportunities to invest in + recruiting, retaining, and training a skilled Navy shipbuilding + industrial base workforce. + (14) Consider and incorporate the findings and recommendations, + as appropriate, of the report on shipbuilder training and the + defense industrial base required under section 1037 of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; + 133 Stat. 1583). + (c) Notice of Establishment and Structure.--Not later than 90 days +after the date of the enactment of this Act, the Secretary of the Navy, +in coordination with the Secretary of Labor, shall submit to the +congressional defense committees notice regarding the membership and +structure of the working group established pursuant to subsection (a). + (d) Report.--Not later than one year after the date of the +enactment of this Act, the Secretary of the Navy, in consultation with +the Secretary of Labor, shall submit to the congressional defense +committees, the Committee on Health, Education, Labor, and Pensions of +the Senate, and the Committee on Education and Labor of the House of +Representatives a report containing the findings and recommendations of +the working group established pursuant to subsection (a). + (e) Termination.--The working group established pursuant to +subsection (a) shall terminate on the date that is 30 days after the +submittal of the report required under subsection (d). +SEC. 1030. LIMITATION ON NAVAL FORCE STRUCTURE CHANGES. None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Navy may be obligated or expended to retire, or to prepare for the retirement, @@ -23198,882 +25622,2152 @@ Integrated Force Structure Assessment. Subtitle D--Counterterrorism -SEC. 1031. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF - INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, - GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES. - - No amounts authorized to be appropriated or otherwise made -available for the Department of Defense may be used during the period -beginning on the date of the enactment of this Act and ending on -December 31, 2021, to transfer, release, or assist in the transfer or -release of any individual detained in the custody or under the control -of the Department of Defense at United States Naval Station, Guantanamo -Bay, Cuba, to the custody or control of any country, or any entity -within such country, as follows: - (1) Libya. - (2) Somalia. - (3) Syria. - (4) Yemen. - -SEC. 1032. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST - ORGANIZATIONS. - - (a) Annual Report.--The Secretary of Defense, in coordination with -the Secretary of State, shall submit to the appropriate congressional -committees an annual report on-- - (1) the use of online social media platforms by entities - designated as foreign terrorist organizations by the Department - of State for recruitment, fundraising, and the dissemination of - information; and - (2) the threat posed to the national security of the United - States by the online radicalization of terrorists and violent - extremists. - (b) Appropriate Congressional Committees.--In this section, the -appropriate congressional committees are-- - (1) the Committee on Armed Services, the Committee on - Foreign Affairs, and the Permanent Select Committee on - Intelligence of the House of Representatives; and - (2) the Committee on Armed Services, the Committee on - Foreign Relations, and the Select Committee on Intelligence of - the Senate. +SEC. 1041. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR +RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, +GUANTANAMO BAY, CUBA, TO THE UNITED STATES. + Section 1033 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as +amended by section 1043 of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1586), is further +amended by striking ``December 31, 2020'' and inserting ``December 31, +2021''. +SEC. 1042. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR +MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED +FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. + Section 1034(a) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +1954), as amended by section 1044 of the National Defense Authorization +Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1586), is +further amended by striking ``December 31, 2020'' and inserting +``December 31, 2021''. +SEC. 1043. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR +RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, +GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES. + Section 1035 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as +amended by section 1042 of the National Defense Authorization Act for +Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1568), is further +amended by striking ``December 31, 2020'' and inserting ``December 31, +2021''. +SEC. 1044. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR +RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, +CUBA. + Section 1036 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended +by section 1045 of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1586), is further amended by +striking ``fiscal year 2018, 2019, or 2020'' and inserting ``fiscal +years 2018 through 2021''. Subtitle E--Miscellaneous Authorities and Limitations -SEC. 1041. SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM. - +SEC. 1051. SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM. Section 127e of title 10, United States Code, is amended-- - (1) by striking subsection (c) and inserting the following - new subsection (c): + (1) by striking subsection (c) and inserting the following new + subsection (c): ``(c) Procedures.-- - ``(1) In general.--The authority in this section shall be - exercised in accordance with such procedures as the Secretary - shall establish for purposes of this section. The Secretary - shall notify the congressional defense committees of any - material change to such procedures. - ``(2) Elements.--The procedures required under paragraph - (1) shall establish, at a minimum, each of the following: - ``(A) Policy, strategy, or other guidance for the - execution of, and constraints within, activities - conducted under this section. - ``(B) The processes through which activities - conducted under this section are to be developed, - validated, and coordinated, as appropriate, with - relevant Federal entities. - ``(C) The processes through which legal reviews and - determinations are made to comply with this section and - ensure that the exercise of authority under this - section is consistent with the national security of the - United States. - ``(3) Notice to congress.--The Secretary shall provide to - the congressional defense committees a notice of the procedures - established pursuant to this section before any exercise of the - authority in this section, and shall notify such committees of - any material change of the procedures.''; - (2) in subsection (d)-- - (A) in the subsection heading, by inserting ``of - Initiation of Support of an Approved Military - Operation'' after ``Notification''; - (B) in paragraph (1), by striking ``15'' and - inserting ``30''; and - (C) in paragraph (2), by adding at the end the - following new subparagraphs: - ``(G) A description of the entities with which the - recipients of support are engaged in hostilities and - whether each such entity is covered under an - authorization for use of military force. - ``(H) A description of the steps taken to ensure - the support is consistent with other United States - diplomatic and security objectives, including issues - related to local political dynamics, civil-military - relations, and human rights. - ``(I) A description of the steps taken to ensure - that the recipients of the support have not engaged in - human rights violations or violations of the Geneva - Conventions of 1949, including vetting, training, and - support for adequately investigating allegations of - violations and removing support in case of credible - reports of violations.''; - (3) by redesignating subsections (e) through (h) as - subsections (f) through (i), respectively; - (4) by inserting after subsection (d) the following new - subsection (e): - ``(e) Notification of Modification or Termination of Support of an -Approved Military Operation.-- - ``(1) In general.--Except as provided in paragraph (2), the - Secretary shall provide to the congressional defense committees - notice in writing by not later that-- - ``(A) 15 days before exercising the authority under - this section to modify the support of an approved - military operation; - ``(B) 30 days before exercising the authority under - this section to terminate the support of an approved - military operation; or - ``(C) as applicable, 30 days before exercising any - other authority under which the Secretary engages or - plans to engage with foreign forces, irregular forces, - groups, or individuals. - ``(2) Extraordinary circumstances.--If the Secretary finds - the existence of extraordinary circumstances affecting the - national security of the United States, the Secretary shall - provide the notice required under paragraph (1) not later than - 48 hours before exercising authority referred to in - subparagraph (A) or (B) of such paragraph. - ``(3) Elements.--Notice provided under paragraph (1) with - respect to the modification or termination of support shall - includes each of the following elements: - ``(A) A description of the reasons for the - modification or termination. - ``(B) A description of the potential effects of the - modification or termination of support on the forces - providing the support. - ``(C) A plan for the modification or termination of - the support, including the consideration of the - transition of such support from one fiscal authority to - another. - ``(D) A list of any relevant entities of the United - States Government that are or will be involved in the - modification or termination of such support, including - any planned transition of such support from one - Government entity to another.''; - (5) by striking subsection (g), as redesignated by - paragraph (3), and inserting the following new subsection (g): + ``(1) In general.--The authority in this section shall be + exercised in accordance with such procedures as the Secretary shall + establish for purposes of this section. The Secretary shall notify + the congressional defense committees of any material change to such + procedures. + ``(2) Elements.--The procedures required under paragraph (1) + shall establish, at a minimum, each of the following: + ``(A) Policy, strategy, or other guidance for the execution + of, and constraints within, activities conducted under this + section. + ``(B) The processes through which activities conducted + under this section are to be developed, validated, and + coordinated, as appropriate, with relevant Federal entities. + ``(C) The processes through which legal reviews and + determinations are made to comply with this section and ensure + that the exercise of the authority in this section is + consistent with the national security of the United States.''; + (2) in subsection (d)(2), by adding at the end the following + new subparagraphs: + ``(G) A description of the entities with which the + recipients of support are engaged in hostilities and whether + each such entity is covered under an authorization for use of + military force. + ``(H) A description of the steps taken to ensure the + support is consistent with United States national security + objectives. + ``(I) A description of the steps taken to ensure that the + recipients of support have not engaged in human rights + violations.''; + (3) by redesignating subsections (e) through (h) as subsections + (f) through (i), respectively; + (4) by inserting after subsection (d) the following new + subsection (e): + ``(e) Notification of Suspension or Termination of Support.-- + ``(1) In general.--Not later than 48 hours after suspending or + terminating support to any foreign force, irregular force, group, + or individual under the authority in this section, the Secretary + shall submit to the congressional defense committees a written + notice of such suspension or termination. + ``(2) Elements.--Notice provided under paragraph (1) with + respect to the suspension or termination of support shall include + each of the following elements: + ``(A) A description of the reasons for the suspension or + termination of such support. + ``(B) A description of any effects on regional, theatre, or + global campaign plan objectives anticipated to result from the + suspension or termination of such support. + ``(C) A plan for the suspension or termination of the + support, and, in the case of support that is planned to be + transitioned to another program of the Department of Defense or + another Federal department or agency, a detailed description of + the transition plan, including the resources, equipment, + capabilities, and personnel associated with such plan.''; and + (5) by striking subsection (g), as redesignated by paragraph + (3), and inserting the following new subsection (g): ``(g) Construction of Authority.--Nothing in this section may be construed to constitute authority to conduct or provide statutory authorization for any of the following: - ``(1) A covert action, as such term is defined in section - 503(e) of the National Security Act of 1947 (50 U.S.C. - 3093(e)). - ``(2) An introduction of the armed forces, (including as - such term is defined in section 8(c) of the War Powers - Resolution (50 U.S.C. 1547(c)), into hostilities, or into - situations where hostilities are clearly indicated by the - circumstances, without specific statutory authorization within - the meaning of section 5(b) of such Resolution (50 U.S.C. - 1544(b)). - ``(3) The provision of support to regular forces, irregular - forces, groups, or individuals to conduct operations that - United States special operations forces are not otherwise - authorized to conduct. - ``(4) Activities or support of activities, directly or - indirectly, that are inconsistent with the laws of armed - conflict.''; - (6) in subsection (i)(3), as redesignated by paragraph - (3)-- - (A) by redesignating subparagraphs (G) and (H) as - subparagraphs (H) and (I), respectively; and - (B) by inserting after subparagraph (F) the - following new subparagraph (G): - ``(G) If there is a plan to modify or terminate the - support to military operations to combat terrorism in - any way, a detailed description of the plan, - including-- - ``(i) a description of the reasons for the - modification or termination; - ``(ii) the potential effects of the - modification or termination of support on the - forces providing the support; - ``(iii) a detailed plan for the - modification or termination of the support; and - ``(iv) a list of any relevant Government - entities that are or will be involved in the - modification or termination of such support, - including any planned transition of such - support from one Government entity to - another.''; and - (7) by adding at the end the following new subsection: - ``(j) Modification Defined.--In this section, the term -`modification', with respect to support provided for an approved -military operation, means-- - ``(1) an increase or decrease in funding of more than - $750,000 or change greater than 40 percent of the material - resources provided; - ``(2) an increase or decrease in the amount or type of - equipment that significantly alters the use of or risk to - foreign forces, irregular forces, groups, or United States - special operations forces; or - ``(3) a change in the legal or operational authorities.''. - -SEC. 1042. PROHIBITION ON RETIREMENT OF NUCLEAR POWERED AIRCRAFT - CARRIERS BEFORE FIRST REFUELING. - + ``(1) A covert action, as such term is defined in section + 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)). + ``(2) An introduction of the armed forces, (including as such + term is defined in section 8(c) of the War Powers Resolution (50 + U.S.C. 1547(c)), into hostilities, or into situations where + hostilities are clearly indicated by the circumstances, without + specific statutory authorization within the meaning of section 5(b) + of such Resolution (50 U.S.C. 1544(b)). + ``(3) Activities or support of activities, directly or + indirectly, that are inconsistent with the laws of armed + conflict.''. +SEC. 1052. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE CLANDESTINE +ACTIVITIES THAT SUPPORT OPERATIONAL PREPARATION OF THE ENVIRONMENT. + (a) In General.--Chapter 3 of title 10, United States Code, is +amended by inserting after section 127e the following new section: +``Sec. 127f. Expenditure of funds for clandestine activities that + support operational preparation of the environment + ``(a) Authority.--Subject to subsections (b) through (d), the +Secretary of Defense may expend up to $15,000,000 in any fiscal year +for clandestine activities for any purpose the Secretary determines to +be proper for preparation of the environment for operations of a +confidential nature. Such a determination is final and conclusive upon +the accounting officers of the United States. The Secretary may certify +the amount of any such expenditure authorized by the Secretary that the +Secretary considers advisable not to specify, and the Secretary's +certificate is sufficient voucher for the expenditure of that amount. + ``(b) Funds.--Funds for expenditures under this section in a fiscal +year shall be derived from amounts authorized to be appropriated for +that fiscal year for operation and maintenance, Defense-wide. + ``(c) Limitation on Delegation.--The Secretary of Defense may not +delegate the authority under this section with respect to any +expenditure in excess of $250,000. + ``(d) Exclusion of Intelligence Activities.--(1) This section does +not constitute authority to conduct, or expend funds for, intelligence, +counterintelligence, or intelligence-related activities. + ``(2) In this subsection, the terms `intelligence' and +`counterintelligence' have the meaning given those terms in section 3 +of the National Security Act of 1947 (50 U.S.C. 3003). + ``(e) Annual Report.--Not later than December 31 each year, the +Secretary of Defense shall submit to the congressional defense +committees a report on expenditures made under this section during the +fiscal year preceding the year in which the report is submitted. Each +report shall include, for each expenditure under this section during +the fiscal year covered by such report-- + ``(1) the amount and date of such expenditure; + ``(2) a detailed description of the purpose for which such + expenditure was made; + ``(3) an explanation why other authorities available to the + Department of Defense could not be used for such expenditure; and + ``(4) any other matters the Secretary considers appropriate.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +127e the following new item: + +``127f. Expenditure of funds for clandestine activities that support + operational preparation of the environment.''. +SEC. 1053. SALE OR DONATION OF EXCESS DEPARTMENT OF DEFENSE PERSONAL +PROPERTY FOR LAW ENFORCEMENT ACTIVITIES. + (a) Inclusion of Disaster-related Emergency Preparedness Activities +Among Law Enforcement Activities Authorities.-- + (1) Inclusion.--Subsection (a)(1)(A) of section 2576a of title + 10, United States Code, is amended by inserting ``disaster-related + emergency preparedness,'' after ``counterterrorism,''. + (2) Preference in transfers.--Subsection (d) of such section is + amended to read as follows: + ``(d) Preference for Certain Transfers.--In considering +applications for the transfer of personal property under this section, +the Secretary shall give a preference to applications indicating that +the transferred property will be used in the counterdrug, +counterterrorism, disaster-related emergency preparedness, or border +security activities of the recipient agency. Applications that request +vehicles used for disaster-related emergency preparedness, such as +high-water rescue vehicles, should receive the highest preference.''. + (b) Additional Conditions and Limitations.-- + (1) Additional training of recipient agency personnel + required.--Subsection (b)(6) of section 2576a of title 10, United + States Code, is amended by inserting before the period at the end + the following: ``, including respect for the rights of citizens + under the Constitution of the United States and de-escalation of + force''. + (2) Certain property not transferrable.--Such section is + further amended-- + (A) by redesignating subsections (e) and (f) as subsections + (f) and (g), respectively; and + (B) by inserting after subsection (d) the following new + subsection (e): + ``(e) Property Not Transferrable.--The Secretary may not transfer +to a Tribal, State, or local law enforcement agency under this section +the following: + ``(1) Bayonets. + ``(2) Grenades (other than stun and flash-bang grenades). + ``(3) Weaponized tracked combat vehicles. + ``(4) Weaponized drones.''. +SEC. 1054. PROHIBITION ON RETIREMENT OF NUCLEAR POWERED AIRCRAFT +CARRIERS BEFORE FIRST REFUELING. Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(f) A nuclear powered aircraft carrier may not be retired before its first refueling.''. +SEC. 1055. REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC PARTNERSHIP +PROGRAM. + (a) National Oceanographic Partnership Program.--Section 8931 of +title 10, United States Code, is amended to read as follows: +``SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM. + ``(a) Establishment.--The Secretary of the Navy shall establish a +program to be known as the `National Oceanographic Partnership +Program'. + ``(b) Purposes.--The purposes of the program are as follows: + ``(1) To promote the national goals of assuring national + security, advancing economic development, protecting quality of + life, ensuring environmental stewardship, and strengthening science + education and communication through improved knowledge of the + ocean. + ``(2) To coordinate and strengthen oceanographic efforts in + support of those goals by-- + ``(A) creating and carrying out partnerships among Federal + agencies, academia, industry, and other members of the + oceanographic community in the areas of science, data, + technology development, resources, education, and + communication; and + ``(B) accepting, planning, and executing oceanographic + research projects funded by grants, contracts, cooperative + agreements, or other vehicles as appropriate, that contribute + to assuring national security, advancing economic development, + protecting quality of life, ensuring environmental stewardship, + and strengthening science education and communication through + improved knowledge of the ocean.''. + (b) Ocean Policy Committee.-- + (1) In general.--Section 8932 of such title is amended-- + (A) by striking subsections (a) through (f); + (B) by inserting the following new subsections (a) through + (e): + ``(a) Committee.--There is established an Ocean Policy Committee +(hereinafter referred to as the `Committee'). The Committee shall +retain broad and inclusive membership. + ``(b) Responsibilities.--The Committee shall-- + ``(1) continue the activities of that Committee as it was in + existence on the day before the date of the enactment of the + William M. (Mac) Thornberry National Defense Authorization Act for + Fiscal Year 2021; + ``(2) engage and collaborate, pursuant to existing laws and + regulations, with stakeholders, including regional ocean + partnerships, to address ocean-related matters that may require + interagency or intergovernmental solutions; + ``(3) facilitate coordination and integration of Federal + activities in ocean and coastal waters to inform ocean policy and + identify priority ocean research, technology, and data needs; and + ``(4) prescribe policies and procedures to implement the + National Oceanographic Partnership Program, including developing + guidelines for review, selection, identification, and approval of + partnership projects, in conjunction with Federal agencies + participating in the program, for implementation under the program, + based on-- + ``(A) whether the project addresses important research + objectives or operational goals; + ``(B) whether the project has, or is designed to have, + appropriate participation or support from public, academic, + commercial, and private entities within the oceanographic + community; + ``(C) whether the partners have a long-term commitment to + the objectives of the project; + ``(D) whether the resources supporting the project are + shared among the partners; + ``(E) whether the project has been subjected to adequate + scientific and technical merit review according to each + participating agency; and + ``(F) the approval of such guidelines by a consensus of the + members of the Committee. + ``(c) Delegation of Responsibilities.--In discharging its +responsibilities in support of agreed-upon scientific needs, and to +assist in the execution of the responsibilities described in subsection +(b), the Committee may delegate responsibilities to a subcommittee of +the Committee, as the Committee determines appropriate. + ``(d) Annual Report and Briefing.--(1) Not later than March 1 of +each year, the Committee shall-- + ``(A) make publicly available on an appropriate website a + report on the National Oceanographic Partnership Program; and + ``(B) provide to the appropriate congressional committees a + briefing on the contents of the report. + ``(2) Not later than 30 days after providing a briefing under +paragraph (1)(B), the Committee shall make publicly available on an +appropriate website the briefing materials covered by the briefing. + ``(3) Each report and briefing shall include the following: + ``(A) A description of activities of the National Oceanographic + Partnership Program carried out during the fiscal year preceding + the fiscal year during which the report is published. + ``(B) A general outline of the activities planned for the + program during the fiscal year during which the report is + published. + ``(C) A summary of projects, partnerships, and collaborations, + including the Federal and non-Federal sources of funding, continued + from the fiscal year preceding the fiscal year during which the + report is published and projects expected to begin during the + fiscal year during which the report is published and any subsequent + fiscal year, as required under subsection (e)(4)(C). + ``(D) The amounts requested in the budget submitted to Congress + pursuant to section 1105(a) of title 31 for the fiscal year + following the fiscal year during which the report is published, for + the programs, projects, activities and the estimated expenditures + under such programs, projects, and activities, to execute the + National Oceanographic Partnership Program. + ``(E) A summary of national ocean research priorities informed + by the Ocean Research Advisory Panel, as required under section + 8933(b)(4) of this title. + ``(F) A list of the members of the Ocean Research Advisory + Panel established under section 8933(a) of this title and any + working groups described in subsection (e)(4)(A) in existence + during the fiscal years covered by the report. + ``(e) Partnership Program Office.--(1) The Secretary of the Navy +and Administrator of the National Oceanic and Atmospheric +Administration shall jointly establish a partnership program office for +the National Oceanographic Partnership Program. + ``(2) The Secretary of the Navy and Administrator of the National +Oceanic and Atmospheric Administration shall use competitive procedures +to select a non-Government entity to manage the partnership program +office. + ``(3) The Committee shall monitor the management of the partnership +program office. + ``(4) The partnership program office shall perform the following +duties: + ``(A) Supporting working groups established by the Committee or + subcommittee and reporting to the Committee and to any Federal + agency that has contributed amounts to the National Oceanographic + Partnership Program on the activities of such working groups, + including the proposals of such working groups for partnership + projects. + ``(B) Supporting the process for proposing partnership projects + to the Committee and to the agencies referred to in subparagraph + (A), including, where appropriate, managing review of such + projects. + ``(C) Submitting to the appropriate congressional committees, + and making publicly available, an annual report on the status of + all partnership projects, including the Federal and non-Federal + sources of funding for each project, and activities of the office. + ``(D) Performing such additional duties for the administration + of the National Oceanographic Partnership Program that the + Committee and the agencies referred to in subparagraph (A) consider + appropriate.''; + (C) by redesignating subsections (g) and (h) as subsections + (f) and (g), respectively; + (D) in subsections (f) and (g), as so redesignated, by + striking ``Council'' each place it appears and inserting + ``Committee''; + (E) by inserting after subsection (g), as so redesignated, + the following new subsection (h): + ``(h) Appropriate Congressional Committees.--In this section, the +term `appropriate congressional committees' means-- + ``(1) the Committee on Commerce, Science, and Transportation of + the Senate; + ``(2) the Committee on Armed Services of the Senate; + ``(3) the Committee on Appropriations of the Senate; + ``(4) the Committee on Natural Resources of the House of + Representatives; + ``(5) the Committee on Science, Space, and Technology of the + House of Representatives; + ``(6) the Committee on Armed Services of the House of + Representatives; and + ``(7) the Committee on Appropriations of the House of + Representatives.''. + (2) Clerical amendments.-- + (A) Section heading.--The heading for section 8932 of title + 10, United States Code, is amended to read as follows: +``Sec. 8932. Ocean Policy Committee''. + (B) Table of sections.--The table of sections at the + beginning of chapter 893 of title 10, United States Code, is + amended by striking the item relating to section 8932 and + inserting the following new item: -SEC. 1043. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT. - - Section 9062 of title 10, United States Code, is amended by adding -at the end the following new subsection: - ``(k) The Secretary of the Air Force shall maintain a total -inventory of tactical airlift aircraft of not less than 292 -aircraft.''. - -SEC. 1044. MODIFICATION AND TECHNICAL CORRECTION TO DEPARTMENT OF - DEFENSE AUTHORITY TO PROVIDE ASSISTANCE ALONG THE - SOUTHERN LAND BORDER OF THE UNITED STATES. +``8932. Ocean Policy Committee.''. + (c) Ocean Research Advisory Panel.--Section 8933 of such title is +amended to read as follows: +``Sec. 8933. Ocean Research Advisory Panel + ``(a) Establishment.--(1) The Ocean Policy Committee shall +establish an Ocean Research Advisory Panel (in this section referred to +as the `Advisory Panel'). The Advisory Panel shall consist of not fewer +than 10 and not more than 18 members appointed by the co-chairs of the +Committee, including each of the following: + ``(A) Three members who represent the National Academies of + Sciences, Engineering, and Medicine. + ``(B) Members selected from among individuals who represent the + views of ocean industries, State, tribal, territorial or local + governments, academia, and such other views as the co-chairs + consider appropriate. + ``(C) Members selected from among individuals eminent in the + fields of marine science, marine technology, and marine policy, or + related fields. + ``(2) The Committee shall ensure that an appropriate balance of +academic, scientific, industry, and geographical interests and gender +and racial diversity are represented by the members of the Advisory +Panel. + ``(b) Responsibilities.--The Committee shall assign the following +responsibilities to the Advisory Panel: + ``(1) To advise the Committee on policies and procedures to + implement the National Oceanographic Partnership Program. + ``(2) To advise the Committee on matters relating to national + oceanographic science, engineering, facilities, or resource + requirements. + ``(3) To advise the Committee on improving diversity, equity, + and inclusion in the ocean sciences and related fields. + ``(4) To advise the Committee on national ocean research + priorities. + ``(5) Any additional responsibilities that the Committee + considers appropriate. + ``(c) Meetings.--The Committee shall require the Advisory Panel to +meet not less frequently than two times each year. + ``(d) Administrative and Technical Support.--The Administrator of +the National Oceanic and Atmospheric Administration shall provide to +the Advisory Panel such administrative and technical support as the +Advisory Panel may require. + ``(e) Termination.--Notwithstanding section 14 of the Federal +Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall +terminate on January 1, 2040.''. +SEC. 1056. MODIFICATION AND TECHNICAL CORRECTION TO DEPARTMENT OF +DEFENSE AUTHORITY TO PROVIDE ASSISTANCE ALONG THE SOUTHERN LAND BORDER +OF THE UNITED STATES. (a) Authority.--Subsection (a) of section 1059 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 986; 10 U.S.C. 271 note prec.) is amended to read as follows: ``(a) Authority.-- - ``(1) Provision of assistance.-- - ``(A) In general.--The Secretary of Defense may - provide assistance to United States Customs and Border - Protection for purposes of increasing ongoing efforts - to secure the southern land border of the United States - in accordance with the requirements of this section. - ``(B) Requirements.--If the Secretary provides - assistance under subparagraph (A), the Secretary shall - ensure that-- - ``(i) the provision of the assistance will - not negatively affect military training, - operations, readiness, or other military - requirements; and - ``(ii) the tasks associated with the - support provided align with the mission or - occupational specialty of any members of the - Armed Forces, including members of the reserve - components, or units of the Armed Forces, - including the reserve components, that are - deployed. - ``(2) Notification requirement.--Not later than 5 days - after the date on which the Secretary decides to provide - assistance under paragraph (1), the Secretary shall submit to - the Committee on Armed Services of the Senate and the Committee - on Armed Services and the Committee on Homeland Security of the - House of Representatives notice of such decision.''. + ``(1) Provision of assistance.-- + ``(A) In general.--The Secretary of Defense may provide + assistance to United States Customs and Border Protection for + purposes of increasing ongoing efforts to secure the southern + land border of the United States in accordance with the + requirements of this section. + ``(B) Requirements.--If the Secretary provides assistance + under subparagraph (A), the Secretary shall ensure that the + provision of the assistance will not negatively affect military + training, operations, readiness, or other military + requirements. + ``(2) Notification requirement.--Not later than 7 days after + the date on which the Secretary approves a request for assistance + from the Department of Homeland Security under paragraph (1), the + Secretary shall electronically transmit to the Committee on Armed + Services of the Senate and the Committee on Armed Services and the + Committee on Homeland Security of the House of Representatives + notice of such approval.''. (b) Reporting Requirements.--Subsection (f) of such section is amended to read as follows: ``(f) Reports.-- - ``(1) Report required.--Any time assistance is provided - under subsection (a), not later than 30 days after the date on - which such assistance is first provided, and every 3 months - thereafter during the period while such assistance is provided, - the Secretary of Defense, in coordination with the Secretary of - Homeland Security, shall submit to the Committee on Armed - Services and the Committee on Homeland Security and - Governmental Affairs of the Senate and the Committee on Armed - Services and the Committee on Homeland Security of the House of - Representatives a report that includes, for both the period - covered by the report and the total period of the deployment, - each of the following: - ``(A) A description of the assistance provided. - ``(B) A description of the Armed Forces, including - the reserve components, deployed as part of such - assistance, including an identification of-- - ``(i) the members of the Armed Forces, - including members of the reserve components, - deployed, including specific information about - unit designation, size of unit, and whether any - personnel in the unit deployed under section - 12302 of title 10, United States Code; - ``(ii) the readiness rating for each of the - units deployed, including specific information - about any impacts to planned training exercises - for any such unit; - ``(iii) the projected length of the - deployment and any special pay and incentives - for which deployed personnel may qualify during - the deployment; - ``(iv) any specific pre-deployment training - provided for such members of the Armed Forces, - including members of the reserve components; - ``(v) the specific missions and tasks, by - location, that are assigned to the members of - the Armed Forces, including members of the - reserve components, who are so deployed; - ``(vi) the life support conditions and - associated costs; - ``(vii) the locations where units so - deployed are conducting their assigned mission, - together with a map showing such locations; - ``(viii) a description of the rules and - additional guidance applicable to the - deployment, including the standing rules for - the use of force for deployed personnel and the - issuance of any weapons and ammunition; and - ``(ix) the plan to transition the functions - performed by the members of the Armed Forces, - including members of the reserve components, to - the Department of Homeland Security and Customs - Border Protection. - ``(C) The sources and amounts of funds expended-- - ``(i) during the period covered by the - report; and - ``(ii) during the total period for which - such support has been provided. - ``(D) The amount of funds obligated-- - ``(i) during the period covered by the - report; and - ``(ii) during the total period for which - such support has been provided. - ``(E) An assessment of the efficacy and cost- - effectiveness of such assistance in support of the - objectives and strategy of the Secretary of Homeland - Security to address the challenges on the southern land - border of the United States and recommendations, if - any, to enhance the effectiveness of such assistance. - ``(2) Form of report.--Each report submitted under this - subsection shall be submitted in unclassified form and without - any designation relating to dissemination control, but may - include a classified annex.''. - (c) Classification.--The Law Revision Counsel is directed to place -this section in a note following section 284 of title 10, United States -Code. - -SEC. 1045. BATTLEFIELD AIRBORNE COMMUNICATIONS NODE CERTIFICATION - REQUIREMENT. - - (a) Limitation.--The Secretary of the Air Force may take no action -that would prevent the Air Force from maintaining or operating the -fleets of EQ-4 aircraft in the configurations and capabilities in -effect on the date of the enactment of this Act, or in improved -configurations and capabilities, before the date on which each of the -three individual certifications described in subsection (b) have been -submitted to the congressional defense committees. - (b) Certifications Required.--The certifications described in this -subsection are the following: - (1) The written certification of the Chairman of the Joint - Requirements Oversight Council that the replacement capability - for the EQ-4 aircraft will-- - (A) be fielded at the same time or before the - divestment of the EQ-4 aircraft; - (B) result in equal or greater capability available - to the commanders of the combatant commanders; and - (C) not result in less airborne capacity or on- - station time available to the commanders of the - combatant commands. - (2) The written certification of the Commander of United - States Central Command that the replacement capability for the - EQ-4 aircraft will not result in less airborne capacity or on- - station time available for mission taskings that the EQ-4 - provides, as of the date of the enactment of this Act, in the - United States Central Command area of responsibility. - (3) The written certification of the Under Secretary of - Defense for Acquisition and Sustainment that the validated - operating and sustainment costs of the capability developed or - fielded to replace an equivalent capacity the EQ-4 aircraft - provides is less than the validated operating and sustainment - costs for the EQ-4 aircraft on a comparable flight-hour cost - basis. - (c) Calculation of Flight-Hour Cost Basis.--For purposes of -calculating the flight-hour cost basis under subsection (b)(3), the -Under Secretary shall include all costs for-- - (1) Unit level manpower; - (2) Unit operations; - (3) maintenance; - (4) sustaining support; and - (5) system improvements. - -SEC. 1046. REQUIREMENTS RELATING TO NEWEST GENERATIONS OF PERSONAL - PROTECTIVE EQUIPMENT. - - (a) Reports.-- - (1) Reports required.--Not later than January 31, 2021, - each Secretary of a military department shall submit to the - congressional defense committees a report on the development - and fielding of the newest generations of personal protective - equipment to the Armed Forces under the jurisdiction of such - Secretary. - (2) Elements.--Each report under paragraph (1) shall - include, for each Armed Force covered by such report, the - following: - (A) A description and assessment of the development - and fielding of the newest generations of personal - protective equipment and auxiliary personal protective - equipment to members of such Armed Force, including the - following: - (i) The number (aggregated by total number - and by sex) of members of such Armed Force - issued the Army Soldiers Protective System and - the Modular Scalable Vest Generation II body - armor as of December 31, 2020. - (ii) The number (aggregated by total number - and by sex) of members of such Armed Force - issued Marine Corps Plate Carrier Generation - III (PC Gen III) body armor as of that date. - (iii) The number (aggregated by total - number and by sex) of members of such Armed - Force fitted with legacy personal protective - equipment as of that date. - (B) A description and assessment of the barriers, - if any, to the development and fielding of such - generations of equipment to such members. - (C) A description and assessment of challenges in - the development and fielding of such generations of - equipment to such members, including cost overruns, - contractor delays, and other challenges. - (b) System for Tracking Data on Injuries.-- - (1) System required.-- - (A) In general.--The Director of the Defense Health - Agency (DHA) shall develop and maintain a system for - tracking data on injuries among members of the Armed - Forces in and during the use of newest generation - personal protective equipment. - (B) Scope of system.--The system required by this - subsection may, at the election of the Director, be new - for purposes of this subsection or within or a - modification of an appropriate existing system (such as - the Defense Occupational And Environmental Health - Readiness System (DOEHRS)). - (2) Report.--Not later than January 31, 2025, the Director - shall submit to Congress a report on the prevalence among - members of the Armed Forces of preventable injuries - attributable to ill-fitting or malfunctioning personal - protective equipment. - (c) Inclusion in Annual Periodic Health Assessments.--The annual -Periodic Health Assessment (PHA) of members of the Armed Forces -undertaken after the date of the enactment of this Act shall include -one or more questions on whether members incurred an injury in -connection with ill-fitting or malfunctioning personal protective -equipment during the period covered by such assessment, including the -nature of such injury. - -SEC. 1047. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A-10 AIRCRAFT. - - (a) Prohibition.--Notwithstanding sections 134 and 135 of the -National Defense Authorization Act for Fiscal Year 2017 (Public Law -114-328), except as provided in subsection (b), none of the funds -authorized to be appropriated by this Act or otherwise made available -for fiscal year 2021 for the Air Force may be obligated or expended to -retire, prepare to retire, or place in storage or on backup aircraft -inventory status any A-10 aircraft. + ``(1) Report required.--At the end of each three-month period + during which assistance is provided under subsection (a), the + Secretary of Defense, in coordination with the Secretary of + Homeland Security, shall submit to the Committee on Armed Services + and the Committee on Homeland Security and Governmental Affairs of + the Senate and the Committee on Armed Services and the Committee on + Homeland Security of the House of Representatives a report that + includes, for the period covered by the report, each of the + following: + ``(A) A description of the assistance provided. + ``(B) A description of the Armed Forces, including the + reserve components, deployed as part of such assistance, + including an identification of-- + ``(i) the members of the Armed Forces, including + members of the reserve components, deployed, including + specific information about unit designation, size of unit, + and whether any personnel in the unit deployed under + section 12302 of title 10, United States Code; + ``(ii) the projected length of the deployment and any + special pay and incentives for which deployed personnel may + qualify during the deployment; + ``(iii) any specific pre-deployment training provided + for such members of the Armed Forces, including members of + the reserve components; + ``(iv) the specific missions and tasks, by location, + that are assigned to the members of the Armed Forces, + including members of the reserve components, who are so + deployed; and + ``(v) the locations where units so deployed are + conducting their assigned mission, together with a map + showing such locations. + ``(C) A description of any effects of such deployment on + military training, operations, readiness, or other military + requirements. + ``(D) The sources and amounts of funds obligated or + expended-- + ``(i) during the period covered by the report; and + ``(ii) during the total period for which such support + has been provided. + ``(2) Form of report.--Each report submitted under this + subsection shall be submitted in unclassified form, but may include + a classified annex.''. + (c) Classification.--The Law Revision Counsel is directed to move +section 1059 of the National Defense Authorization Act for Fiscal Year +2016 (Public Law 114-92; 129 Stat. 986; 10 U.S.C. 271 note prec.), as +amended by this section, to a note following section 284 of title 10, +United States Code. +SEC. 1057. LIMITATION ON USE OF FUNDS FOR RETIREMENT OF A-10 AIRCRAFT. + (a) Limitation.--Except as provided under subsection (b), none of +the funds authorized to be appropriated by this Act or otherwise made +available for the Department of Defense for any fiscal year may be +obligated or expended during fiscal year 2021 to divest or retire any +A-10 aircraft. (b) Exception.--The limitation under subsection (a) shall not apply to any individual A-10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a mishap or other damage or because the aircraft is uneconomical to repair. - (c) Implementation Report.--Not later than 120 days after the date -of the enactment of this Act, the Secretary of the Air Force shall -submit to the congressional defense committees, a report on the -progress made toward the A-10 re-wing contracts and the progress made -in re-winging some of the 283 A-10 aircraft that have not received new -wings. - -SEC. 1048. MANDATORY CRITERIA FOR STRATEGIC BASING DECISIONS. - - (a) In General.--The Secretary of the Air Force shall modify Air -Force Instruction 10-503 (pertaining to the strategic basing process) -to ensure that the process for the selection of a location in the -United States for the strategic basing of an aircraft includes the -following: - (1) A comparative analysis of the overall community support - for the mission among the candidate locations, as indicated by - the formal comments received during the public comment period - for the environmental impact statement relating to the basing - decision and, in a case in which the Secretary selects a final - location with less community support compared to other - locations as indicated by such analysis, an explanation of the - operational considerations that formed the basis for such - selection. - (2) An analysis of joint and all-domain training - capabilities at each candidate location, separate from and in - addition to the mission criteria developed for the basing - action. - (3) A comparative analysis of the airspace and training - areas available at each candidate location, separate from and - in addition to the mission criteria developed for the basing - action. - (b) Report Required.--Not later than 14 days after the date on -which the Secretary of Defense publicly announces the preferred and -reasonable alternative locations for the basing of an aircraft as -described in subsection (a), the Secretary shall submit to the -congressional defense committees a report that includes-- - (1) an assessment of each candidate location that was - considered as part of the basing process, including, with - respect to each such location, an analysis of each of the - factors specified in paragraphs (1) through (3) of such - subsection; and - (2) an explanation of how each candidate location was - scored against such factors, including the weight assigned to - each factor. - -SEC. 1049. LIMITATION ON USE OF FUNDS PENDING PUBLIC AVAILABILITY OF - TOP-LINE NUMBERS OF DEPLOYED MEMBERS OF THE ARMED FORCES. - - (a) Limitation.--Of the amounts authorized to be appropriated by -this Act or otherwise made available for fiscal year 2020 for Operation -and Maintenance, Defense-wide, Office of the Secretary of Defense, for -Travel of Persons, not more than 75 percent may be obligated or -expended until the date on which the Secretary of Defense makes -publicly available the top-line numbers of deployed members of the -Armed Forces described in subsection (b). - (b) Top-Line Numbers Described.-- The top-line numbers of deployed -members of the Armed Forces referred to in subsection (a)-- - (1) are the numbers required to be made publicly available - under section 595 of the John S. McCain National Defense - Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 - U.S.C. 122a note); - (2) shall include all such numbers for fiscal year 2017 and - each subsequent fiscal year; and - (3) shall include the number of personnel on temporary duty - and the number of personnel deployed in support of contingency - operations. - (c) Sensitive Military Operation.--The requirement under subsection -(a) to make the top-line numbers of deployed members of the Armed -Forces publicly available is not satisfied if the Secretary, in -exercising the waiver authority under subsection (b) of section 595 of -the John S. McCain National Defense Authorization Act for Fiscal Year -2019 (Public Law 115-232; 10 U.S.C. 122a note) does not submit the -notice and reasons for the waiver determination to Committees of Armed -Services of the House of Representatives and the Senate as required -under paragraph (2) of such subsection. - -SEC. 1050. LIMITATION ON PHYSICAL MOVE, INTEGRATION, REASSIGNMENT, OR - SHIFT IN RESPONSIBILITY OF MARINE FORCES NORTHERN - COMMAND. - - (a) Limitation.--The Secretary of Defense may not take any action -to execute the physical move, integration, reassignment, or shift in -responsibility of the Marine Forces Northern Command before the date -that is 60 days after the date on which the Secretary submits the -report described in subsection (b). - (b) Report.--If the Secretary of Defense plans to take any action -to physically move, integrate, reassign, or shift the responsibility of -Marine Forces Northern Command, the Secretary shall submit to the -congressional defense committees a report on such proposed action that -includes each of the following: - (1) An analysis of how the proposed action would be - beneficial to military readiness. - (2) A description of how the proposed action would align - with the national defense strategy and the supporting - strategies for each of the military departments. - (3) A description of the proposed organizational structure - change associated with the action and how will it affect the - relationship between Marine Forces Northern Command and - administrative control responsibilities, operational control - responsibilities, and tactical control responsibilities. - (4) The projected cost associated with the proposed action - and any projected long-term cost savings. - (5) A detailed description of any requirements for new - infrastructure or relocation of equipment and assets associated - with the proposed action. - (6) A description of how the proposed action would - facilitate total force integration and Marine Corps general - officer progression, including with respect to the reserve - components. - (c) Waiver.--The Secretary may waive the limitation under -subsection (a) if the Secretary determines such a waiver is necessary -by reason of hostilities or the imminent threat of hostilities. - (d) Applicability.--This section shall apply with respect to any -action to execute the physical move, integration, reassignment, or -shift in responsibility of the Marine Forces Northern Command that is -initiated on or after the date of the enactment of this Act. In the -case of such an action that was initiated but not completed before the -date of the enactment of this Act, no additional effort may be made to -complete such action before the date that is 60 days after the date on -which the Secretary submits the report described in subsection (b). - -SEC. 1051. CONDITIONS FOR PERMANENTLY BASING UNITED STATES EQUIPMENT OR - ADDITIONAL FORCES IN HOST COUNTRIES WITH AT-RISK VENDORS - IN 5G OR 6G NETWORKS. - + (c) Report Required.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of the Air Force shall submit to +the congressional defense committees a report on the progress made +toward the A-10 re-wing contracts and the progress made in re-winging +some of the 283 A-10 aircraft that have not received new wings. +SEC. 1058. CONSIDERATIONS RELATING TO PERMANENTLY BASING UNITED STATES +EQUIPMENT OR ADDITIONAL FORCES IN HOST COUNTRIES WITH AT-RISK VENDORS +IN 5G OR 6G NETWORKS. (a) In General.--Prior to basing a major weapon system or additional permanently assigned forces comparable to or larger than a -battalion, squadron, or naval combatant for permanent basing to a host -country with at-risk 5th generation (5G) or sixth generation (6G) -wireless network equipment, software, and services, including supply -chain vulnerabilities identified by the Federal Acquisition Security -Council, where United States military personnel and their families will -be directly connected or subscribers to networks that include such at- -risk equipment, software, and services in their official duties or in -the conduct of personal affairs, the Secretary of Defense shall provide -a notification to the congressional defense committees that includes a -description of-- - (1) steps being taken by the host country to mitigate any - potential risks to the weapon systems, military units, or - personnel, and the Department of Defense's assessment of those - efforts; - (2) steps being taken by the United States Government, - separately or in collaboration with the host country, to - mitigate any potential risks to the weapon systems, permanently - deployed forces, or personnel; - (3) any defense mutual agreements between the host country - and the United States intended to allay the costs of risk - mitigation posed by the at-risk infrastructure; and - (4) any other matters the Secretary determines to be - relevant. - (b) Applicability.--The conditions in subsection (a) apply to the -permanent long-term stationing of equipment and permanently assigned -forces, and do not apply to short-term deployments or rotational -presence to military installations outside the United States in -connection with exercises, dynamic force employment, contingency -operations, or combat operations. - (c) Report.--Not later than 1 year after the date of the enactment -of this Act, the Secretary of Defense shall submit to the congressional -defense committees a report that contains an assessment of-- - (1) the risk to personnel, equipment, and operations of the +battalion, squadron, or naval combatant in a host country with at-risk +5th generation (in this section referred to as ``5G'') or sixth +generation (in this section referred to as ``6G'') wireless network +equipment, software, or services, including supply chain +vulnerabilities identified by the Federal Acquisition Security Council, +where United States military personnel and their families will be +directly connected or subscribers to networks that include such at-risk +equipment, software, and services in their official duties or in the +conduct of personal affairs, the Secretary of Defense shall take into +consideration the risks to personnel, equipment, and operations of the +Department of Defense in the host country posed by current or intended +use by such country of 5G or 6G telecommunications architecture +provided by at-risk vendors, including Huawei and ZTE, and any steps to +mitigate those risks, including-- + (1) any steps being taken by the host country to mitigate any + potential risks to the weapon systems, military units, or + personnel, and the Department of Defense's assessment of those + efforts; + (2) any steps being taken by the United States Government, + separately or in collaboration with the host country, to mitigate + any potential risks to the weapon systems, permanently deployed + forces, or personnel; + (3) any defense mutual agreements between the host country and + the United States intended to allay the costs of risk mitigation + posed by the at-risk infrastructure; and + (4) any other matters the Secretary determines to be relevant. + (b) Applicability.--The requirements under subsection (a)-- + (1) apply with respect to the permanent long-term stationing of + equipment and permanently assigned forces; and + (2) do not apply with respect to the short-term deployment or + rotational presence of equipment or forces to a military + installation outside the United States in connection with any + exercise, dynamic force employment, contingency operation, or + combat operation. + (c) Report.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + congressional defense committees a report that contains an + assessment of-- + (A) the risk to personnel, equipment, and operations of the Department of Defense in host countries posed by the current or intended use by such countries of 5G or 6G telecommunications - architecture provided by at-risk vendors; and - (2) measures required to mitigate the risk described in - paragraph (1), including the merit and feasibility of the - relocation of certain personnel or equipment of the Department - to another location without the presence of 5G or 6G - telecommunications architecture provided by at-risk vendors. - (d) Form.--The report required by subsection (c) shall be submitted -in a classified form with an unclassified summary. - (e) Major Weapon System Defined.--In this section, the term ``major + architecture provided by at-risk vendors, including Huawei and + ZTE; and + (B) measures required to mitigate the risk described in + paragraph (1). + (2) Form.--The report required by paragraph (1) shall be + submitted in a classified form with an unclassified summary. + (d) Major Weapon System Defined.--In this section, the term ``major weapon system'' has the meaning given that term in section 2379(f) of title 10, United States Code. +SEC. 1059. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE LEGISLATIVE +PROPOSALS. + Not later than 21 days after the transmission to the Committee on +Armed Services of the Senate or the Committee on Armed Services of the +House of Representatives of any official Department of Defense +legislative proposal, the Secretary of Defense shall make publicly +available on a website of the Department such legislative proposal, +including any bill text and section-by-section analysis associated with +the proposal. +SEC. 1060. ARCTIC PLANNING, RESEARCH, AND DEVELOPMENT. + (a) Arctic Planning and Implementation.-- + (1) In general.--The Secretary of Defense and the Chairman of + the Joint Chiefs of Staff shall continue assessing potential multi- + domain risks in the Arctic, identifying capability and capacity + gaps in the current and projected force, and planning for and + implementing the training, equipping, and doctrine requirements + necessary to mitigate such risks and gaps. + (2) Training.--In carrying out paragraph (1), the Secretary may + direct the Armed Forces to conduct training in the Arctic or + training relevant to military operations in the Arctic. + (b) Arctic Research and Development Program.-- + (1) In general.--If the Secretary of Defense determines that + there are capability or capacity gaps for the Armed Forces in the + Arctic, the Secretary may conduct research and development on the + current and future requirements and needs of the Armed Forces for + operations in the Arctic. + (2) Elements.--Research and development conducted under + paragraph (1) may include the following: + (A) Development of doctrine to address any identified gaps, + including the study of existing doctrine of partners and allies + of the United States. + (B) Development of materiel solutions for operating in + extreme weather environments of the Arctic, including equipment + for individual members of the Armed Forces, ground vehicles, + and communications systems. + (C) Development of a plan for fielding future weapons + platforms able to operate in Arctic conditions. + (D) Development of capabilities to monitor, assess, and + predict environmental and weather conditions in the Arctic and + the effect of such conditions on military operations. + (E) Determining requirements for logistics and sustainment + of the Armed Forces operating in the Arctic. +SEC. 1061. AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION CENTER +PACIFIC IN THE INDO-PACIFIC REGION. + (a) Authority To Establish.-- + (1) In general.--The Secretary of Defense, with the concurrence + of the Secretary of State, may authorize-- + (A) the establishment of a Movement Coordination Center + Pacific (in this section referred to as the ``Center''); and + (B) the participation of the Department of Defense in an + Air Transport and Air-to-Air refueling and other Exchanges of + Services program (in this section referred to as the ``ATARES + program'') of the Center. + (2) Scope of participation.--Participation in the ATARES + program under paragraph (1)(B) shall be limited to the reciprocal + exchange or transfer of air transportation and air refueling + services on a reimbursable basis or by replacement-in-kind or the + exchange of air transportation or air refueling services of an + equal value with foreign militaries. + (3) Limitations.--The Department of Defense's balance of + executed transportation hours, whether as credits or debits, in + participation in the ATARES program under paragraph (1)(B) may not + exceed 500 hours. The Department of Defense's balance of executed + flight hours for air refueling in the ATARES program under + paragraph (1)(B) may not exceed 200 hours. + (b) Written Arrangement or Agreement.-- + (1) Arrangement or agreement required.--The participation of + the Department of Defense in the ATARES program under subsection + (a) shall be in accordance with a written arrangement or agreement + entered into by the Secretary of Defense, with the concurrence of + the Secretary of State. + (2) Funding arrangements.--If Department of Defense facilities, + equipment, or funds are used to support the ATARES program, the + written arrangement or agreement under paragraph (1) shall specify + the details of any equitable cost-sharing or other funding + arrangement. + (3) Other elements.--Any written arrangement or agreement + entered into under paragraph (1) shall require that any accrued + credits and liabilities resulting from an unequal exchange or + transfer of air transportation or air refueling services shall be + liquidated, not less than once every 5 years, through the ATARES + program. + (c) Implementation.--In carrying out any written arrangement or +agreement entered into under subsection (b), the Secretary of Defense +may-- + (1) pay the Department of Defense's equitable share of the + operating expenses of the Center and the ATARES program from funds + available to the Department of Defense for operation and + maintenance; and + (2) assign members of the Armed Forces or Department of Defense + civilian personnel, within billets authorized for the United States + Indo-Pacific Command, to duty at the Center as necessary to fulfill + the obligations of the Department of Defense under that arrangement + or agreement. +SEC. 1062. LIMITATION ON PROVISION OF FUNDS TO INSTITUTIONS OF HIGHER +EDUCATION HOSTING CONFUCIUS INSTITUTES. + (a) Limitation.--Except as provided in subsection (b), none of the +funds authorized to be appropriated or otherwise made available for any +fiscal year for the Department of Defense may be provided to an +institution of higher education that hosts a Confucius Institute, other +than amounts provided directly to students as educational assistance. + (b) Waiver.-- + (1) In general.--The Secretary of Defense may waive the + limitation under subsection (a) with respect to an institution of + higher education if the Secretary, after consultation with the + National Academies of Sciences, Engineering, and Medicine, + determines such a waiver is appropriate. + (2) Management process.--If the Secretary issues a waiver under + paragraph (1), the academic liaison designated pursuant to + subsection (g) of section 1286 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 + note), as amended by section 1299C of this Act, shall manage the + waiver process on behalf of the Secretary. + (c) Effective Date.--The limitation under subsection (a) shall +apply with respect to the first fiscal year that begins after the date +that is 24 months after the date of the enactment of this Act and to +any subsequent fiscal year. + (d) Definitions.--In this section: + (1) The term ``Confucius Institute'' means a cultural institute + directly or indirectly funded by the Government of the People's + Republic of China. + (2) The term ``institution of higher education'' has the + meaning given such term in section 102 of the Higher Education Act + of 1965 (20 U.S.C. 1002). +SEC. 1063. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM. + Of the funds authorized to be appropriated by this Act for fiscal +year 2021 for the Department of Defense, the Secretary of Defense may +contribute $5,000,000 to support the National Maritime Heritage Grants +Program established under section 308703 of title 54, United States +Code. +SEC. 1064. REQUIREMENTS FOR USE OF FEDERAL LAW ENFORCEMENT PERSONNEL, +ACTIVE DUTY MEMBERS OF THE ARMED FORCES, AND NATIONAL GUARD PERSONNEL +IN SUPPORT OF FEDERAL AUTHORITIES TO RESPOND TO CIVIL DISTURBANCES. + (a) In General.--Chapter 41 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 723. Support of Federal authorities in response to civil + disturbances: requirement for use of members of the Armed Forces and + Federal law enforcement personnel + ``(a) Requirement.--Whenever a member of the armed forces +(including the National Guard) or Federal law enforcement personnel +provide support to Federal authorities to respond to a civil +disturbance, each individual employed in the capacity of providing such +support shall visibly display-- + ``(1) the individual's name or other individual identifier that + is unique to that individual; and + ``(2) the name of the armed force, Federal entity, or other + organization by which such individual is employed. + ``(b) Exception.--The requirement under subsection (a) shall not +apply to individuals referred to in such subsection who-- + ``(1) do not wear a uniform or other distinguishing clothing or + equipment in the regular performance of their official duties; or + ``(2) are engaged in undercover operations in the regular + performance of their official duties.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: -SEC. 1052. CURTAILING INSURRECTION ACT VIOLATIONS OF INDIVIDUALS' - LIBERTIES. - - (a) Federal Aid for State Governments.--Section 251 of title 10, -United States Code, is amended-- - (1) by striking ``Whenever'' and inserting ``(a) In - General.--Whenever''; and - (2) by adding at the end the following new subsection: - ``(b) Certification to Congress.--(1) The President may not invoke -the authority under this section unless the President and the Secretary -of Defense certify to Congress that the State concerned is unable or -unwilling to suppress an insurrection described in subsection (a). - ``(2) A certification under paragraph (1) shall include the -following: - ``(A) A description of the circumstances necessitating the - invocation of the authority under this section. - ``(B) Demonstrable evidence that the State concerned is - unable or unwilling to suppress such insurrection, and a legal - justification for resorting to the authority under this section - to so suppress. - ``(C) A description of the mission, scope, and duration of - use of members of the armed forces under this section.''. - (b) Use of Militia and Armed Forces To Enforce Federal Authority.-- -Section 252 of title 10, United States Code, is amended to read as -follows: -``Sec. 252. Use of militia and armed forces to enforce Federal - authority - ``(a) Authority.--Whenever unlawful obstructions, combinations, or -assemblages, or rebellion against the authority of the United States, -make it impracticable to enforce the laws of the United States in any -State by the ordinary course of judicial proceedings, the President may -call into Federal service such of the militia of any State, and use -such of the armed forces, as the President considers necessary to -enforce those laws or to suppress the rebellion. - ``(b) Certification to Congress.--(1) The President may not invoke -the authority under this section unless the President and the Secretary -of Defense certify to Congress that the State concerned is unable or -unwilling to suppress an unlawful obstruction, combination, or -assemblage, or rebellion against the authority of the United States -described in subsection (a). - ``(2) A certification under paragraph (1) shall include the -following: - ``(A) A description of the circumstances necessitating the - invocation of the authority under this section. - ``(B) Demonstrable evidence that the State concerned is - unable or unwilling to suppress such unlawful obstruction, - combination, or assemblage, or rebellion against the authority - of the United States, and a legal justification for resorting - to the authority under this section to so suppress. - ``(C) A description of the mission, scope, and duration of - use of members of the armed forces under this section.''. - (c) Interference With State and Federal Law.--Section 253 of title -10, United States Code, is amended-- - (1) by striking ``The President'' and inserting ``(a) - Authority.--(1) The President''; - (2) by redesignating paragraphs (1) and (2) as - subparagraphs (A) and (B), respectively; - (3) by striking ``In any situation covered by clause (1),'' - and inserting ``(2) In any situation covered by paragraph - (1)(A),''; and - (4) by adding at the end the following new subsection: - ``(b) Certification to Congress.--(1) The President may not invoke -the authority under this section unless the President and the Secretary -of Defense certify to Congress that the State concerned is unable or -unwilling to suppress an insurrection, domestic violence, unlawful -combination, or conspiracy, as described in subsection (a). - ``(2) A certification under paragraph (1) shall include the -following: - ``(A) A description of the circumstances necessitating the - invocation of the authority under this section. - ``(B) Demonstrable evidence that the State concerned is - unable or unwilling to suppress such insurrection, domestic - violence, unlawful combination, or conspiracy, and a legal - justification for resorting to the authority under this section - to so suppress. - ``(C) A description of the mission, scope, and duration of - use of members of the armed forces under this section.''. - (d) Consultation With Congress.-- - (1) In general.--Chapter 13 of title 10, United States - Code, is amended by adding at the end the following new - section: -``Sec. 256. Consultation - ``The President, in every possible instance, shall consult with -Congress before invoking the authority under section 251, 252, or 253 -of this title.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 13 of title 10, United States Code, is - amended by adding at the end the following new item: - -``256. Consultation.''. - (e) Restriction on Direct Participation by Military Personnel.-- - (1) In general.--Such chapter is further amended by adding - at the end the following new section: -``Sec. 257. Restriction on direct participation by military personnel - ``(a) In General.--No activity under this chapter shall permit -direct participation by a member of the Army, Navy, Air Force, Marine -Corps, or Space Force in a search, seizure, arrest, or other similar -activity unless participation in such activity by such member is -otherwise expressly authorized by law. - ``(b) Regulations.--The Secretary of Defense shall prescribe such -regulations as may be necessary to ensure compliance with subsection -(a). - ``(c) Rule of Construction.--Nothing in this section shall be -construed to limit authority of law enforcement personnel of the armed -forces on Federal military installations''. - (2) Clerical amendment.--The table of sections at the - beginning of such chapter is further amended by adding at the - end the following new item: - -``257. Restriction on direct participation by military personnel.''. - -SEC. 1053. PROHIBITION ON USE OF FUNDS FOR DISCRIMINATORY ALGORITHMIC - DECISIONMAKING SYSTEMS. - - None of the funds authorized to be appropriated by this Act or -otherwise made available for fiscal year 2021 for the Joint Artificial -Intelligence Center to acquire or develop new artificial intelligence -systems may be obligated or expended unless the Department of Defense, -or the vendor of such new system, has-- - (1) assessed such algorithmic decision-making system, or - commits to assess such system within 1 year of the date of such - acquisition or completion of development, with respect to its - potential to perpetuate or introduce discriminatory bias - against protected classes of persons, including on the basis of - sex, race, age, disability, color, creed, national origin, or - religion, and after the completion of such assessment, - transmits to the Secretary a description of the methodology by - which such assessment was conducted; - (2) sought to address any unintended discriminatory bias - identified pursuant to paragraph (1) prior to deploying such - system, and through periodic assessments during use of such - systems, in any context where such usage poses a tangible risk - of resulting in an action which could reasonably be seen to - violate any law, policy, regulation, or other codified practice - of the United States with respect to anti-discrimination, equal - protection, or civil rights, and transmitted to the Secretary a - description of the measures undertaken to comply with the - requirements of this section; and - (3) ensured that such system conforms to the DoD AI Ethics - Principles for purposes of identifying and addressing the - causes of potential discriminatory biases in the system. - -SEC. 1054. INCLUSION OF EXPLOSIVE ORDNANCE DISPOSAL IN SPECIAL - OPERATIONS ACTIVITIES. - - Section 167(k) of title 10, United States Code, is amended-- - (1) by redesignating paragraph (10) as paragraph (11); and - (2) by inserting after paragraph (9) the following new - paragraph (10): - ``(10) Explosive ordnance disposal.''. - -SEC. 1055. REQUIREMENTS IN CONNECTION WITH USE OF PERSONNEL OTHER THAN - THE MILITIA OR THE ARMED FORCES TO SUPPRESS INTERFERENCE - WITH STATE AND FEDERAL LAW. - - (a) In General.--Section 253 of title 10, United States Code, is -amended-- - (1) by inserting ``(a) In General.--'' before ``The - President''; and - (2) by adding at the end the following new subsection: - ``(b) Use of Other Means.--(1) Other means used by the President -pursuant to subsection (a) may only include activities by Federal law -enforcement officers. - ``(2) Any Federal law enforcement officer performing duty pursuant -to subsection (a) shall visibly display on the uniform or other -clothing of such officer-- - ``(A) the name of such officer; and - ``(B) the name of the agency for which such officer is - employed. - ``(3) In this subsection: - ``(A) The term `Federal law enforcement officer' means-- - ``(i) an employee or officer in a position in the - executive, legislative, or judicial branch of the - Federal Government who-- - ``(I) is authorized by law to engage in or - supervise a law enforcement function; or - ``(II) has statutory powers of arrest or - apprehension under section 807(b) of this title - (article 7(b) of the Uniform Code of Military - Justice); or - ``(ii) an employee or officer of a contractor or - subcontractor (at any tier) of an agency in the - executive, legislative, or judicial branch of the - Federal Government who is authorized by law or under - the contract with the agency to engage in or supervise - a law enforcement function; and - ``(B) The term `law enforcement function' means the - prevention, detection, or investigation of, or the prosecution - or incarceration of any person for, any violation of law.''. - (b) Rule of Construction.--Nothing in this section, or the -amendments made by this section, shall be construed to limit or -otherwise supersede the authority of Federal law enforcement officials -who do not wear a uniform in the regular performance of their official -duties or who are engaged in undercover operations to perform their -official duties under authorities other than section 253 of title 10, -United States Code. - -SEC. 1056. LIMITATION ON DEACTIVATION, UNMANNING, OR SELLING OF ARMY - WATERCRAFT ASSETS PENDING COMPREHENSIVE ANALYSIS OF - MOBILITY REQUIREMENTS AND CAPABILITIES. - - None of the funds authorized to be appropriated by this Act or -otherwise made available for fiscal year 2021 for the Department of -Defense maybe obligated or expended for the deactivation, unmanning,or -selling of any Army watercraft assets, until the Secretary of Defense -submits to Congress certification that-- - (1) the Secretary has received and accepted the federally - funded research and development center Army watercraft study as - directed by section 1058 of the National Defense Authorization - Act for Fiscal Year 2020 (Public Law 116-92); - (2) the review, analysis, and recommendations of such study - are included in the mobility, capabilities, requirements study; - and - (3) the Secretary will include in such study a review and - analysis of-- - (A) doctrine-based roles and missions of the - military services; - (B) current and future investments; - (C) the effects of emerging operational concepts; - (D) demand signals of Department of Defense small - vessels relative to Army watercraft, Navy small ships, - and amphibious connectors; and - (E) readiness risk being assumed across each of the - geographic combatant commands. - - TITLE XI--CIVILIAN PERSONNEL MATTERS - - Subtitle A--General Provisions +``723. Support of Federal authorities in response to civil disturbances: + requirement for use of members of the Armed Forces and Federal + law enforcement personnel.''. -SEC. 1101. FAMILY AND MEDICAL LEAVE AMENDMENTS. + Subtitle F--Studies and Reports - (a) In General.-- - (1) Paid parental leave for employees of district of - columbia courts and district of columbia public defender - service.-- - (A) District of columbia courts.--Section 11-1726, - District of Columbia Official Code, is amended by - adding at the end the following new subsection: - ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 -U.S.C. 2601 et seq.) with respect to nonjudicial employees of the -District of Columbia courts, the Joint Committee on Judicial -Administration shall, notwithstanding any provision of such Act, -establish a paid parental leave program for the leave described in -subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. -2612(a)(1)) (relating to leave provided in connection with the birth of -a child or the placement of a child for adoption or foster care). In -developing the terms and conditions for this program, the Joint -Committee may be guided by the terms and conditions applicable to the -provision of paid parental leave for employees of the Federal -Government under chapter 63 of title 5, United States Code, and any +SEC. 1071. FFRDC STUDY OF EXPLOSIVE ORDNANCE DISPOSAL AGENCIES. + (a) In General.--The Secretary of Defense shall enter into an +agreement with a federally funded research and development corporation +under which such corporation shall conduct a study of the +responsibilities, authorities, policies, programs, resources, +organization, and activities of the explosive ordnance disposal +agencies of the Department of Defense, Defense Agencies, and military +departments. In carrying out the study, the federally funded research +and development corporation shall solicit input from relevant nonprofit +organizations, such as the National Defense Industrial Association EOD +Committee, the United States Army EOD Association, the United States +Bomb Technician Association, and the EOD Warrior Foundation. + (b) Elements of Study.--The study conducted under subsection (a) +shall include, for the Department of Defense, each Defense Agency, and +each of the military departments, each of the following: + (1) An identification and evaluation of-- + (A) technology research, development, and acquisition + activities related to explosive ordnance disposal, including an + identification and evaluation of-- + (i) current and future technology and related + industrial base gaps; and + (ii) any technical or operational risks associated with + such technology or related industrial base gaps; + (B) recruiting, training, education, assignment, promotion, + and retention of military and civilian personnel with + responsibilities relating to explosive ordnance disposal; + (C) administrative and operational force structure with + respect to explosive ordnance disposal, including an + identification and assessment of risk associated with force + structure capacity or capability gaps, if any; and + (D) the demand for, and activities conducted in support of, + domestic and international military explosive ordnance disposal + operations, including-- + (i) support provided to Department of Defense agencies + and other Federal agencies; and + (ii) an identification and assessment of risk + associated with the prioritization and availability of + explosive ordnance disposal support among supported + agencies and operations. + (2) Recommendations, if any, for changes to-- + (A) the organization and distribution of responsibilities + and authorities relating to explosive ordnance disposal; + (B) the explosive ordnance disposal force structure, + management, prioritization, and operating concepts in support + of the explosive ordnance disposal requirements of the Armed + Forces and other Federal agencies; and + (C) resource investment strategies and technology + prioritization for explosive ordnance disposal, including + science and technology, prototyping, experimentation, test and + evaluation, and related 5-year funding profiles. + (c) Report to Congress.-- + (1) In general.--Not later than December 31, 2021, the + Secretary of Defense shall submit to the congressional defense + committees a report on the study conducted under subsection (a). + Such report shall include the comments on the study, if any, of the + Secretary of Defense, the directors of each of the Defense + Agencies, and the Secretaries of each of the military departments. + (2) Form of report.--The report submitted under paragraph (1) + shall be submitted in unclassified form, but may contain a + classified annex. +SEC. 1072. STUDY ON FORCE STRUCTURE FOR MARINE CORPS AVIATION. + (a) Study Required.--The Secretary of Defense shall provide for the +performance of a study on the force structure for Marine Corps aviation +through 2030. + (b) Responsibility for Study.--The Secretary shall select one of +the following types of entities to perform the study pursuant to +subsection (a): + (1) An appropriate Federally funded research and development + center. + (2) An appropriate organization described in section 501(c)(3) + of the Internal Revenue Code of 1986 which is exempt from taxation + under section 501(a) of such code. + (c) Matters To Be Considered.--In performing the study pursuant to +subsection (a), the entity performing the study shall take into +account, within the context of the current force structure for Marine +Corps aviation, the following: + (1) The 2018 National Defense Strategy and the 2018 National + Military Strategy. + (2) The Marine Corps Force Design 2030. + (3) Potential roles and missions for Marine Corps aviation + given new operating concepts for the Marine Corps. + (4) The potential for increased requirements for survivable and + dispersed strike aircraft. + (5) The potential for increased requirements for tactical or + intratheater lift, amphibious lift, or surface connectors. + (d) Study Results.--The results of the study performed pursuant to +subsection (a) shall include the following: + (1) The various force structures for Marine Corps aviation + through 2030 considered under such study, together with the + assumptions and possible scenarios identified for each such force + structure. + (2) A recommendation for the force structure for Marine Corps + aviation through 2030, including the following in connection with + such force structure: + (A) Numbers and type of aviation assets, numbers and types + of associated unmanned assets, and basic capabilities of each + such asset. + (B) A description and assessment of the deviation of such + force structure from the most recent Marine Corps Aviation + Plan. + (C) Any other information required for assessment of such + force structure, including supporting analysis. + (3) A presentation and discussion of minority views among + participants in such study. + (e) Report.-- + (1) In general.--Not later than September 1, 2021, the + Secretary of Defense shall submit to the congressional defense + committees a report setting forth the results of the study + performed pursuant to subsection (a). + (2) Form.--The report under this subsection shall be submitted + in unclassified form, but may include a classified annex. +SEC. 1073. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE PACIFIC +REGION. + (a) Report.--Not later than March 15, 2021, the Secretary of +Defense, in coordination with the Chairman of the Joint Chiefs of +Staff, the Commander of United States Indo-Pacific Command, and the +head of each of the military departments, shall submit to the +congressional defense committees a report containing a plan to +integrate combined, joint, and multi-domain training and +experimentation in the Pacific region, including existing and future +ranges, training areas, and test facilities, to achieve the following +objectives: + (1) Support future combined and joint exercises and training to + test operational capabilities and weapon systems. + (2) Employ multi-domain training to validate joint operational + concepts. + (3) Integrate allied and partner countries into national-level + exercises. + (4) Build and sustain United States military readiness. + (b) Matters.--The report under subsection (a) shall address the +following: + (1) Integration of cyber, space, and electromagnetic spectrum + domains. + (2) Mobile and fixed range instrumentation packages for + experimentation and training. + (3) Digital, integrated command and control for air defense + systems. + (4) Command, control, communications, computer, and information + systems. + (5) War gaming, modeling, and simulations packages. + (6) Intelligence support systems. + (7) Manpower management, execution, collection, and analysis + required for the incorporation of space and cyber activities into + the training range exercise plan contained in the report. + (8) Connectivity requirements to support all domain integration + and training. + (9) Any training range upgrades or infrastructure improvements + necessary to integrate legacy training and exercise facilities into + integrated, operational sites. + (10) Exercises led by the United States Indo-Pacific Command, + within the area of operations of the Command, that integrate allied + and partnered countries and link to the national-level exercises of + the United States. + (11) Incorporation of any other functional and geographic + combatant commands required to support the United States Indo- + Pacific Command. + (12) Incorporation of concepts related to the Joint Warfighting + Concept, as applicable. + (13) The plan, resource requirements, and any additional + authorities needed through fiscal year 2031 to achieve the + objectives referred to in subsection (a). + (c) Form.--The report under subsection (a) may be submitted in +classified form, and shall include an unclassified summary. +SEC. 1074. REPORTS ON THREATS TO UNITED STATES FORCES FROM SMALL +UNMANNED AIRCRAFT SYSTEMS WORLDWIDE. + (a) Strategy to Counter Threats From Small Unmanned Aircraft +Systems.--Not later than 90 days after the date of enactment of this +Act, the Secretary of the Army, as the Department of Defense executive +agent for the Department of Defense counter-small unmanned aircraft +systems program, shall develop and submit to Congress a strategy to +effectively counter threats from small unmanned aircraft systems +worldwide. The strategy shall be submitted in classified form. + (b) Report on Executive Agent Activities.-- + (1) Report required.--Not later than one year after the date of + the enactment of this Act, the Secretary of the Army shall submit + to Congress a report on the counter-small unmanned aircraft systems + program. + (2) Elements.--The report required by paragraph (1) shall + include each of the following: + (A) A description and assessment of the structure and + activities of the Secretary of the Army as the executive agent + for the counter-small unmanned aircraft systems program, + including the following: + (i) Any obstacles hindering the effective discharge of + its functions and activities, including limitations in + authorities or policy. + (ii) The changes, if any, to airspace management, rules + of engagement, and training plans that are required in + order to optimize the use by the Armed Forces of counter- + small unmanned aircraft systems. + (B) An assessment of the implementation of the strategy + required by subsection (a), and a description of any updates to + the strategy that are required in light of evolving threats to + the Armed Forces from small unmanned aircraft systems. + (c) Report on Threat From Small Unmanned Aircraft Systems.-- + (1) Report required.--Not later than 180 days after the + submittal of the strategy required by subsection (a), the Secretary + of Defense shall submit to the appropriate committees of Congress a + report that sets forth a direct comparison between the threats + United States forces in combat settings face from small unmanned + aircraft systems and the capabilities of the United States to + counter such threats. The report shall be submitted in classified + form. + (2) Coordination.--The Secretary shall prepare the report + required by paragraph (1) in coordination with the Director of the + Defense Intelligence Agency and with such other appropriate + officials of the intelligence community, and such other officials + in the United States Government, as the Secretary considers + appropriate. + (3) Elements.--The report required by paragraph (1) shall + include the following: + (A) An evaluation and assessment of the current and + evolving threat to United States forces from small unmanned + aircraft systems. + (B) A description of the counter-small unmanned aircraft + systems acquired by the Department of Defense as of the date of + the enactment of this Act, and an assessment whether such + systems are adequate to meet the current and evolving threat + described in subparagraph (A). + (4) Appropriate committees of congress defined.--In this + subsection, the term ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services and the Select + Committee on Intelligence of the Senate; and + (B) the Committee on Armed Services and the Permanent + Select Committee on Intelligence of the House of + Representatives. + (d) Independent Assessment of Counter-Small Unmanned Aircraft +Systems Program.-- + (1) Assessment.--Not later than 60 days after the submittal of + the strategy required by subsection (a), the Secretary of Defense + shall seek to enter into a contract with a federally funded + research and development center to conduct an assessment of the + efficacy of the counter-small unmanned aircraft systems program. + (2) Elements.--The assessment conducted pursuant to paragraph + (1) shall include the following: + (A) An identification of metrics to assess progress in the + implementation of the strategy required by subsection (a), + which metrics shall take into account the threat assessment + required for purposes of subsection (c). + (B) An assessment of progress, and key challenges, in the + implementation of the strategy using such metrics, and + recommendations for improvements in the implementation of the + strategy. + (C) An assessment of the extent to which the Department of + Defense is coordinating adequately with other departments and + agencies of the United States Government, and other appropriate + entities, in the development and procurement of counter-small + unmanned aircraft systems for the Department. + (D) An assessment of the extent to which the designation of + the Secretary of the Army as the executive agent for the + counter-small unmanned aircraft systems program has reduced + redundancies and increased efficiencies in procurement of + counter-small unmanned aircraft systems. + (E) An assessment whether United States technological + progress on counter-small unmanned aircraft systems is + sufficient to maintain a competitive edge over the small + unmanned aircraft systems technology available to United States + adversaries. + (3) Report.--Not later than 180 days after entering into the + contract referred to in paragraph (1), the Secretary shall submit + to the congressional defense committees a report setting forth the + results of the assessment required under the contract. +SEC. 1075. UNDER SECRETARY OF DEFENSE (COMPTROLLER) REPORTS ON +IMPROVING THE BUDGET JUSTIFICATION AND RELATED MATERIALS OF THE +DEPARTMENT OF DEFENSE. + (a) Reports Required.--Not later than April 1 of each of 2021 +through 2025, the Under Secretary of Defense (Comptroller) shall submit +to the congressional defense committees a report on the following +matters: + (1) Modernization of covered materials, including the + following: + (A) Updating the format of such materials in order to + account for significant improvements in document management and + data visualization. + (B) Expanding the scope and quality of data included in + such materials. + (2) Streamlining of the production of covered materials within + the Department of Defense. + (3) Transmission of covered materials to Congress. + (4) Availability of adequate resources and capabilities to + permit the Department to integrate changes to covered materials + together with its submittal of current covered materials. + (5) Promotion of the flow between the Department and the + congressional defense committees of other information required by + Congress for its oversight of budgeting for the Department and the + future-years defense programs. + (b) Covered Materials Defined.--In this section, the term ``covered +materials'' means the following: + (1) Materials submitted in support of the budget of the + President for a fiscal year under section 1105(a) of title 31, + United States Code. + (2) Materials submitted in connection with the future-years + defense program for a fiscal year under section 221 of title 10, + United States Code. +SEC. 1076. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND AND CONTROL +EFFORT. + (a) In General.--During the period beginning on October 1, 2021, +and ending on October 1, 2024, the Vice Chairman of the Joint Chiefs of +Staff, the Chief Information Officer of the Department of Defense, and +a senior military service representative for each of the Armed Forces +shall provide to the Committees on Armed Services of the Senate and +House of Representatives quarterly briefings on the progress of the +Department's Joint All Domain Command and Control (in this section +referred to as ``JADC2'') effort. + (b) Elements.--Each briefing under subsection (a) shall include, +with respect to the JADC2 effort, the following elements: + (1) The status of the joint concept of command and control. + (2) How the JADC2 effort is identifying gaps and addressing + validated requirements based on the joint concept of command and + control. + (3) Progress in developing specific plans to evaluate and + implement materiel and non-materiel improvements to command and + control capabilities. + (4) Clarification on distribution of responsibilities and + authorities within the Cross Functional Team, the Armed Forces, and + the Office of the Secretary of Defense with respect to JADC2, and + how the Armed Forces, the Cross Functional Team, and the Office of + the Secretary of Defense are synchronizing and aligning with joint + and military concepts, solutions, experimentation, and exercises. + (5) The status of and review of any recommendations for + resource allocation necessary to achieve operational JADC2. + (6) A sufficiency assessment of planned funding across the + future years defense program for the development of JADC2 + capabilities. +SEC. 1077. REPORT ON CIVILIAN CASUALTY RESOURCING AND AUTHORITIES. + (a) Purpose.--The purpose of this section is to facilitate +fulfillment of the requirements in section 936 of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +116-92; 10 U.S.C. 134 note). + (b) Report Required.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on the current resources and +authorities applied to civilian casualty mitigation, investigation, and +response and an articulation of what, if any, additional resources or +authorities will be necessary to fully implement 936 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 116-92; 10 U.S.C. 134 note). + (c) Elements.--The report required under subsection (b) shall +include the following: + (1) An accounting of the number of personnel at each combatant + command, the Joint Staff, and Office of the Secretary of Defense + who, as of the date of the enactment of this Act, are either + exclusively or partially dedicated to-- + (A) assessing, investigating, accounting for, and + responding to allegations of civilian casualties resulting from + United States military operations; + (B) incorporating civilian casualty mitigation efforts into + operational plans and activities; + (C) building partner capacity for mitigating civilian + casualties; or + (D) any other relevant matters. + (2) An estimate of the number of personnel projected to be + required during the three-year period beginning on the date of the + enactment of this Act by each combatant command, the Joint Staff, + and Office of the Secretary of Defense to-- + (A) assess, investigate, account for, and respond to + allegations of civilian casualties resulting from United States + military operations; + (B) incorporate civilian casualty mitigation efforts into + operational plans and activities; + (C) build partner capacity for mitigating civilian + casualties; and + (D) perform any other relevant functions. + (3) A description of any specialized information technology + equipment, support and maintenance, and data storage capabilities + used by the Department of Defense as of the date of the enactment + of this Act to-- + (A) receive allegations of, assess, investigate, account + for, and respond to allegations of civilian casualties + resulting from United States military operations; + (B) incorporate civilian casualty mitigation efforts into + operational plans and activities; and + (C) perform any other relevant functions. + (4) An estimate of the projected costs during the three-year + period beginning on the date of the enactment of this Act of any + specialized information technology equipment, support and + maintenance, and data storage capabilities to-- + (A) receive allegations of, assess, investigate, account + for, and respond to allegations of civilian casualties + resulting from United States military operations; + (B) incorporate civilian casualty mitigation efforts into + operational plans and activities; and + (C) perform any other relevant functions. + (5) An identification of relevant statutory authorities used by + the Department, as of the date of the enactment of this Act, to + investigate, account for, and respond to allegations of civilian + casualties resulting from United States military operations. + (6) A detailed description of any additional changes to the + personnel, resources, and authorities of the Department necessary + to fully implement 936 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 116-92; 10 + U.S.C. 134 note) in future years. + (7) Any other matters determined relevant by the Secretary of + Defense. + (d) Public Availability of Report.--Not later than 45 days after +the report required under subsection (b) is submitted to the +congressional defense committees, the Secretary of Defense shall make +the report publicly available on an appropriate website of the +Department of Defense. +SEC. 1078. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE EFFORTS +TO PREVENT RESALE OF GOODS MANUFACTURED BY FORCED LABOR IN COMMISSARIES +AND EXCHANGES. + (a) Review Required.--The Comptroller General of the United States +shall conduct a review of the policies and processes of the Department +of Defense governing the purchase of goods for resale in the +commissaries and exchanges of the Department that are produced in, or +imported from, areas where forced labor may be used, including the +Xinjiang Uyghur Autonomous Region of China. + (b) Elements of Review.--The review required under subsection (a) +shall include the following: + (1) The laws, regulations, and departmental policies governing + the purchase of imported goods by the Department of Defense as part + of the retail supply chains of the Department. + (2) The extent to which the Department has processes in place + to prevent goods produced or manufactured by forced labor from + being resold in commissaries and exchanges of the Department. + (3) The kinds of information obtained from suppliers to such + commissaries and exchanges regarding the source of goods or the use + of forced labor to produce goods. + (4) The extent to which the Department coordinates with other + Federal agencies on matters pertaining to the importation and + resale of goods produced by forced labor. + (5) Any other relevant matters as determined by the Comptroller + General. + (c) Briefing and Report.-- + (1) Briefing.--Not later than June 1, 2021, the Comptroller + General shall provide to the Committees on Armed Services of the + Senate and House of Representatives a briefing on the review + required under subsection (a). + (2) Report.--No later than December 1, 2021, the Comptroller + General shall submit to such committees a report on such review, + which shall contain each of the elements under subsection (b). +SEC. 1079. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE +PROCESSES FOR RESPONDING TO CONGRESSIONAL REPORTING REQUIREMENTS. + (a) Comptroller General Analysis.--Not later than one year after +the date of the enactment of this Act, the Comptroller General of the +United States shall submit to the congressional defense committees a +report containing an analysis of the processes of the Department of +Defense for responding to congressional reporting requirements. + (b) Criteria for Evaluation.--The analysis required under +subsection (a) shall include an evaluation of funding and changes to +policies and business practices by the Department for improving the +effectiveness, efficiency, and public transparency of the compliance of +the Department with congressional reporting requirements. + (c) Contents of Report.--The report required by subsection (a) +shall include each of the following: + (1) A review of-- + (A) current laws, guidance, policies for Department of + Defense compliance with congressional reporting requirements; + (B) recent direction from the congressional defense + committees concerning how the Department designs, modifies, + tracks, delivers, and inventories completed reports; and + (C) the response of the Department of Defense to the plan + required by section 874 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 + Stat. 1906). + (2) An evaluation of the cost and effectiveness of-- + (A) the existing processes the Department of Defense uses + to track and respond to congressional reporting requirements; + and + (B) the ongoing modernization efforts referred to in + subparagraphs (B) and (C) of paragraph (1), including-- + (i) the design, development, and fielding of efforts to + modernize existing report tracking systems; + (ii) the potential for system-level access solutions; + and + (iii) the standardization of report-related data, + including types of reporting requirements. + (3) An analysis of further options for modernizing the + preparation and coordination process for required reports and other + written correspondence from the Department of Defense to the + congressional defense committees. Such analysis shall include-- + (A) the coordination of Department of Defense business + practices and internal policies with legislative processes; and + (B) the feasibility of the Department of Defense, the + Government Publishing Office, or another Federal Government + entity maintaining a consolidated online public database for + unclassified reports submitted after the date of the enactment + of this Act pursuant to a congressional reporting requirement + that includes, for each report in the database-- + (i) a copy of the report; + (ii) the deadline on which the report was required to + be submitted to Congress; + (iii) the date on which the report was transmitted; + (iv) the total cost associated with the report; and + (v) a brief summary of the report, including a citation + to the legislative text requiring the report. + (d) Congressional Reporting Requirement Defined.--In this section. +the term ``congressional reporting requirement'' means a requirement +that the Secretary of Defense, or any element or official of the +Department of Defense, submit to Congress, or to a committee of +Congress, an unclassified report or briefing by reason of-- + (1) any provision of title 10, United States Code; + (2) a provision of any National Defense Authorization Act; + (3) a provision of a statement of managers that accompanied the + conference report for any National Defense Authorization Act; or + (4) a provision of a committee report that accompanied a + version of any National Defense Authorization Act, as reported by + the Committee on Armed Services of the Senate or the Committee on + Armed Services of the House of Representatives. + + Subtitle G--Other Matters + +SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. + (a) Title 10, United States Code.--Title 10, United States Code, is +amended as follows: + (1) The table of chapters at the beginning of subtitle A of + title 10, United States Code, and at the beginning of part I of + such subtitle, are each amended by inserting before the item + relating to chapter 20 the following new item: + +``19. Cyber Matters..............................................391.''. + + (2) The table of chapters at the beginning of subtitle A of + title 10, United States Code, and at the beginning of part IV of + such subtitle, are each amended by inserting after the item + relating to chapter 112 the following new item: + +``113. Defense Civilian Training Corps.........................2200g.''. + + (3) The table of chapters at the beginning of subtitle A of + title 10, United States Code, and at the beginning of part IV of + such subtitle, are each amended by striking the item relating to + chapter 140 and inserting the following new item: + +``140. Procurement of Commercial Products and Commercial Service2375.''. + + (4)(A) The section designation of each section in chapter 113 + of title 10, United States Code, is amended by striking ``sec.'' + and inserting ``Sec. ''. + (B) Each corresponding item in the table of sections at the + beginning of such chapter is amended by striking ``Sec.'', other + than where it appears preceding the item relating to section 2200g. + (5) Section 101(a)(13)(B) is amended by striking ``section + 712'' and inserting ``section 3713''. + (6) Section 118(3) is amended by inserting ``and'' after + ```materiel and operational capability',''. + (7) Subsection (g) of section 127e, as redesignated by section + 1051, is amended by striking ``Low-Intensity'' and inserting ``Low + Intensity''. + (8) Section 130i is amended-- + (A) in subsection (i)(1), by striking ``of subsection'' and + all that follows through ``shall'' and insert ``of subsection + (j)(3)(C) shall''; and + (B) in subsection (j)(6), by adding a period at the end. + (9) Section 142 is amended-- + (A) by striking subsection (d); and + (B) by redesignating the second subsection (c) as + subsection (d). + (10) Section 171a(i)(1) is amended by striking ``Acquisitions'' + and inserting ``Acquisition''. + (11) Section 192(c) is amended by striking the first paragraph + (1). + (12) Section 222a(d)(1)(C)(i) is amended by inserting ``had'' + before ``been''. + (13) Section 231 is amended-- + (A) by striking ``quadrennial defense review'' each place + it appears and inserting ``national defense strategy''; and + (B) in subsection (f)(3), by striking ``section 118'' and + inserting ``section 113(g)''. + (14) Section 240b(b)(1)(B) is amended-- + (A) in clause (ix), by striking ``suhsection'' and + inserting ``subsection''; and + (B) in clause (xii), by inserting ``of'' after + ``identification''. + (15) Section 393(b)(2)(D) is amended by striking ``of Defense'' + and all that follows through the period and inserting ``of Defense + for Intelligence and Security''. + (16) Section 397(b)(5) is amended by striking ``Persons'' and + inserting ``persons''. + (17) Section 430(b)(1) is amended by inserting ``and Security'' + after ``for Intelligence''. + (18) Section 617(d) is amended by striking ``section 616(g)'' + and inserting ``section 616(h)''. + (19) The table of sections at the beginning of chapter 41 is + amended-- + (A) in the item relating to section 715 by inserting a + period at the end; and + (B) by moving the item relating to section 714 so that it + appears immediately after the item relating to section 713. + (20) The table of sections at the beginning subchapter VII of + chapter 47 is amended by striking the item relating to section 837 + (article 37) and inserting the following: + +``837. 37. Command influence.''. + + (21) Section 991(a)(4)(A) is amended by striking ``The + amount.'' and inserting ``The amount''. + (22) Section 1044e is amended by striking ``subsection (h)'' + each place it appears and inserting ``subsection (i)''. + (23) The table of sections at the beginning of chapter 54 is + amended by inserting after the item relating to section 1064 the + following: + +``1065. Use of commissary stores and MWR facilities: certain veterans + and caregivers for veterans.''. + + (24) Section 1073c(a) is amended-- + (A) by redesignating the second paragraph (6) as paragraph + (4); and + (B) by moving paragraph (4) (as redesignated by + subparagraph (A)) so as to appear before paragraph (5). + (25) Section 1079(q) is amended by striking ``section + 1074g(h)'' and inserting ``section 1074g(i)''. + (26) The table of sections at the beginning of chapter 58 is + amended by striking the item relating to section 1142 and inserting + the following: + +``1142. Preseparation counseling; transmittal of certain records to + Department of Veterans Affairs.''. + + (27) Section 1475(a)(4) is amended by striking ``or; or'' and + inserting ``or''. + (28) Section 1553(d)(1)(B) is amended by striking ``in based'' + and inserting ``is based''. + (29) Section 1564(c)(2) is amended in the matter preceding + subparagraph (A) by striking ``in an'' and inserting ``is an''. + (30) The table of sections at the beginning of subchapter I of + chapter 87 is amended by striking the item relating to section 1702 + and inserting the following new item: + +``1702. Under Secretary of Defense for Acquisition and Sustainment: + authorities and responsibilities.''. + + (31) Section 1701(a) is amended-- + (A) in subsection (b)(6), by striking the period at the end + and inserting a semicolon; and + (B) in subsection (c), by striking the paragraph headings + for paragraphs (1) and (2). + (32) Section 1746(b)(3)(A) is amended by striking the second + semicolon that appears before ``and'' at the end. + (33) Section 1784(h)(5) is amended by striking ``expire'' and + inserting ``expires''. + (34) Section 2004 is amended in subsections (d) and (e) by + striking ``enlistment'' both places it appears and inserting + ``enlisted''. + (35) The table of sections at the beginning of chapter 135 is + amended by striking the item relating to section 2279c. + (36) Section 2339a(b)(1) is amended by inserting ``and + Security'' after ``for Intelligence''. + (37) Section 2358b(a)(2) is amended by striking ``to + accelerate'' and inserting ``accelerate''. + (38) The table of sections at the beginning of chapter 142 is + amended by striking the item relating to section 2417 and inserting + the following: + +``2417. Administrative and other costs.''. + + (39) The table of sections at the beginning of chapter 152 is + amended by striking the item relating to section 2568a and + inserting the following: + +``2568a. Damaged personal protective equipment: award to members + separating from the Armed Forces and veterans.''. + + (40) Section 2409a(c)(3) is amended by striking ``Stat. 664,'' + and inserting ``50 Stat. 664;''. + (41) Section 2417(2) is amended by striking ``entities -'' and + inserting ``entities--''. + (42) Section 2583(g)(2)(A) is amended by inserting ``or'' after + the semicolon. + (43) Section 2641b(a)(3)(B) is amended by striking ``subsection + (c)(5)'' and inserting ``subsection (c)(6)''. + (44) Section 2804(b) is amended in the third sentence by + striking ``; and''. + (45) Section 8680(a)(2)(C)(ii) is amended, in the matter + preceding subclause (I), by striking the period after the dash. + (46) Section 8749(a) is amended by striking ``alcohol tests'' + and inserting ``alcohol test''. + (47) The tables of chapters at the beginning of subtitle D and + part I of such subtitle are each amended by striking the period at + the end of the item relating to chapter 908. + (b) Title 38, United States Code.--Section 1967(a)(3)(D) of title +38, United States Code, is amended in the matter preceding clause (i) +by inserting a comma after ``theater of operations''. + (c) NDAA for Fiscal Year 2020.--Effective as of December 20, 2020, +and as if included therein as enacted, the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended +as follows: + (1) Section 234(f)(1) (10 U.S.C. 2164 note) is amended by + striking ``the a'' and inserting ``a''. + (2) Section 540B(b)(4) (10 U.S.C. 1561 note; 133 Stat. 1365) is + amended by striking ``their their'' and inserting ``their''. + (3) Section 821 (133 Stat. 1490) is amended by inserting ``Carl + Levin and Howard P. `Buck' McKeon'' before ``National Defense + Authorization Act for Fiscal Year 2015''. + (4) Section 861(i)(2) (10 U.S.C. 1761 prec.; 133 Stat. 1519) is + amended by striking ``subchapter II'' and inserting ``subchapter + V''. + (5) Section 1009(c) (133 Stat. 1576; 10 U.S.C. 240b note) is + amended by striking ``a reporting'' and inserting ``a report''. + (6) Section 1631(i)(1) (133 Stat. 1745) is amended by striking + ``foreign person'' and inserting ``foreign power''. + (7) Section 1647(b)(3)(A) is amended by striking ``by used'' + and inserting ``be used''. + (8) Section 1731(a)(2) (133 Stat. 1812; 10 U.S.C. 101 prec.) is + amended by striking ``part I'' and inserting ``part III''. + (9) Section 2801(b)(2) (133 Stat. 1881) is amended by inserting + ``subchapter I of'' before ``chapter 169''. + (d) NDAA for Fiscal Year 2019.--Effective as of August 13, 2018, +and as if included therein as enacted, the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is +amended as follows: + (1) Section 154(a)(1) (10 U.S.C. 2302 note) is amended by + striking ``of an'' and inserting ``of''. + (2) Section 226(b)(3)(C) (132 Stat. 1686) is amended by + striking ``commercial-off the-shelf'' and inserting ``commercially + available off-the-shelf items (as defined in section 104 of title + 41, United States Code) that may serve as''. + (3) Section 809(b)(3) (132 Stat. 1840) is amended by striking + ``Section 598(d)(4) of the National Defense Authorization Act of + for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 1561 note)'' and + inserting ``Section 563(d)(4) of the Duncan Hunter National Defense + Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 + U.S.C. 1561 note)''. + (4) Section 836 (132 Stat. 1859) is amended-- + (A) in subsection (a)(2)(B), by inserting ``of such title'' + after ``Section 104(1)(A)''; and + (B) in subsection (c)-- + (i) in paragraph (5)(B), by striking ``subsection + (d)(2)'' and inserting ``subsection (d)(3)''; and + (ii) by amending paragraph (8) to read as follows: + ``(8) Section 2321(f) is amended by striking `commercial items' + and inserting `commercial products'.''. + (5) Section 889(f) (132 Stat. 1918; 41 U.S.C. 3901 note prec.) + is amended by striking ``appropriate congressional committees''' + and inserting ``appropriate congressional committees''. + (6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 132 Stat. 2080) + is amended by striking ``improve'' and inserting ``improved''. + (7) Section 1757(a) (50 U.S.C. 4816; 132 Stat. 2218) is amended + by inserting ``to persons'' before ``who are potential''. + (8) Section 1759(a)(2) (50 U.S.C. 4818; 132 Stat. 2223) is + amended by striking the semicolon at the end and inserting a + period. + (9) Section 1763(c) (50 U.S.C. 4822; 132 Stat. 2231) is amended + by striking ``December 5, 1991'' and inserting ``December 5, + 1995''. + (10) Section 1773(b)(1) (50 U.S.C. 4842; 132 Stat. 2235) is + amended by striking ``section 1752(1)(D)'' and inserting ``section + 1752(2)(D)''. + (11) Section 1774(a) (50 U.S.C. 4843; 132 Stat. 2237) is + amended in the matter preceding paragraph (1) by inserting + ``under'' before ``section 1773''. + (12) Section 2827(b)(1) (132 Stat. 2270) is amended by + inserting ``in the matter preceding the paragraphs'' after + ``amended''. + (e) NDAA for Fiscal Year 2018.--Effective as of December 12, 2017, +and as if included therein as enacted, the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91) is amended +as follows: + (1) Section 1701(a)(4)(A) (131 Stat. 1796) is amended by + striking ``Section 831(n)(2)(g)'' and inserting ``Section + 831(o)(2)(G)''. + (f) NDAA for Fiscal Year 2016.--Effective as of December 23, 2016, +and as if included therein as enacted, the National Defense +Authorization Act for Fiscal Year 2016 (Public Law 114-92) is amended +as follows: + (1) In section 541(a) (10 U.S.C. 1561 note), by striking + ``section 1044e(g)'' and inserting ``section 1044e(h)''. + (2) In section 856(a)(1) (10 U.S.C. 2377 note), by inserting + ``United States Code,'' after ``title 41,''. + (3) In section 1675(a), by striking ``Board,,'' and inserting + ``Board,''. + (g) Coordination With Other Amendments Made by This Act.--For +purposes of applying amendments made by provisions of this Act other +than this section, the amendments made by this section shall be treated +as having been enacted immediately before any such amendments by other +provisions of this Act. +SEC. 1082. REPORTING OF ADVERSE EVENTS RELATING TO CONSUMER PRODUCTS ON +MILITARY INSTALLATIONS. + (a) In General.--The Secretary of Defense shall issue to the +military departments guidance to encourage the reporting of any adverse +event related to a consumer product that occurs on a military +installation on the appropriate consumer product safety website. + (b) Definitions.--In this section: + (1) The term ``adverse event'' means-- + (A) any event that indicates that a consumer product-- + (i) fails to comply with an applicable consumer product + safety rule or with a voluntary consumer product safety + standard upon which the Consumer Product Safety Commission + has relied under section 9 of the Consumer Product Safety + Act (15 U.S.C. 2058); + (ii) fails to comply with any other rule, regulation, + standard, or ban under that Act or any other Act enforced + by the Commission; + (iii) contains a defect that could create a substantial + product hazard described in section 15(a)(2) of the + Consumer Product Safety Act (15 U.S.C. 2064(a)(2)); or + (iv) creates an unreasonable risk of serious injury or + death; or + (B) any other harm described in subsection (b)(1)(A) of + section 6A of the Consumer Product Safety Act (15 U.S.C. 2055a) + and required to be reported in the database established under + subsection (a) of that section. + (2) The term ``consumer product'' has the meaning given that + term in section 3 of the Consumer Product Safety Act (15 U.S.C. + 2052). +SEC. 1083. MODIFICATION TO FIRST DIVISION MONUMENT. + (a) Authorization.--The Society of the First Infantry Division may +make modifications to the First Division Monument located on Federal +land in President's Park in the District of Columbia to honor the dead +of the First Infantry Division, United States Forces, in-- + (1) Operation Desert Storm; + (2) Operation Iraqi Freedom and New Dawn; and + (3) Operation Enduring Freedom. + (b) Modifications.--Modifications to the First Division Monument +may include construction of additional plaques and stone plinths on +which to put plaques. + (c) Applicability of Commemorative Works Act.--Chapter 89 of title +40, United States Code (commonly known as the ``Commemorative Works +Act''), shall apply to the design and placement of the commemorative +elements authorized by this section, except that subsections (b) and +(c) of section 8903 of such title shall not apply. + (d) Collaboration.--The First Infantry Division of the Department +of the Army shall collaborate with the Secretary of Defense to provide +to the Society of the First Infantry Division the list of names to be +added to the First Division Monument in accordance with subsection (a). + (e) Funding.--Federal funds may not be used for modifications of +the First Division Monument authorized by this section. +SEC. 1084. SENSE OF CONGRESS REGARDING REPORTING OF CIVILIAN CASUALTIES +RESULTING FROM UNITED STATES MILITARY OPERATIONS. + It is the sense of Congress-- + (1) to commend the Department of Defense for the measures it + has implemented and is currently implementing to prevent, mitigate, + track, investigate, learn from, respond to, and report civilian + casualties resulting from United States military operations; + (2) to agree with the Department that civilian casualties are a + tragic and unavoidable part of war, and to recognize that the + Department endeavors to conduct all military operations in + compliance with the international law of armed conflict and the + laws of the United States, including distinction, proportionality, + and the requirement to take feasible precautions in planning and + conducting operations to reduce the risk of harm to civilians and + other protected persons and objects; + (3) that the protection of civilians and other protected + persons and objects, in addition to a legal obligation and a + strategic interest, is a moral and ethical imperative; + (4) that the Department has been responsive and submitted to + Congress three successive annual reports on civilian casualties + resulting from United States military operations for calendar years + 2017, 2018, and 2019, and has proactively updated reports as + appropriate; + (5) to commend the United States Africa Command for announcing + on March 21, 2020, its intent to issue quarterly reports on the + status of ongoing civilian casualty allegations and assessments; + (6) to recognize the efforts of the Department, both in policy + and in practice, to reduce the harm to civilians and other + protected persons and objects resulting from United States military + operations; and + (7) to encourage the Department to make additional progress + in-- + (A) ensuring that the combatant commands have the requisite + personnel and resources to appropriately integrate the + observance of human rights and the protection of civilians and + civilian objects in the planning and activities of the + commands; + (B) finalizing and implementing the policy of the + Department relating to civilian casualties resulting from + United States military operations, as required by section 936 + of the John S. McCain National Defense Authorization Act for + Fiscal Year 2019 (10 U.S.C. 134 note); + (C) finalizing Department-wide regulations to implement + section 1213 of the National Defense Authorization for Fiscal + Year 2020 (Public Law 116-92) for ex gratia payments for + damage, personal injury, or death that is incident to the use + of force by the United States Armed Forces, a coalition that + includes the United States, a military organization supporting + the United States, or a military organization supporting the + United States or such coalition; and + (D) enhancing the ability of foreign partner forces to + reduce civilian casualties, including in connection with train + and equip programs, advise, assist, accompany, and enable + missions, and fully combined and coalition operations. +SEC. 1085. DEPLOYMENT OF REAL-TIME STATUS OF SPECIAL USE AIRSPACE. + Not later than 180 days after the date of the enactment of this +Act, to the maximum extent practicable, the Administrator of the +Federal Aviation Administration, in coordination with the Secretary of +Defense, shall enable the automated public dissemination of information +on the real-time status of the activation or deactivation of military +operations areas and restricted areas in a manner that is similar to +the manner that temporary flight restrictions are published and +disseminated. +SEC. 1086. DUTIES OF SECRETARY UNDER UNIFORMED AND OVERSEAS CITIZENS +ABSENTEE VOTING ACT. + (a) Ensuring Ability of Absent Uniformed Services Voters Serving at +Diplomatic and Consular Posts to Receive and Transmit Balloting +Materials.--In carrying out the Secretary's duties as the Presidential +designee under the Uniformed and Overseas Citizens Absentee Voting Act +(52 U.S.C. 20301 et seq.), the Secretary shall take such actions as may +be necessary, feasible, and practical to ensure that a uniformed +services voter under such Act who is absent from the United States by +reason of active duty or service at a diplomatic and consular post of +the United States is able to receive and transmit balloting materials +in the same manner and with the same rights and protections as a +uniformed services voter under such Act who is absent from the United +States by reason of active duty or service at a military installation. + (b) Effective Date.--This section shall apply with respect to +elections held on or after the date of the enactment of this Act. +SEC. 1087. MITIGATION OF MILITARY HELICOPTER NOISE. + (a) Process for Tracking Complaints.--The Secretary of Defense, in +coordination with the Metropolitan Washington Airports Authority, shall +develop a process to receive, track, and analyze complaints of military +rotary wing aircraft noise in the National Capital Region that are +registered on the noise inquiry websites of Ronald Reagan Washington +National Airport and Dulles International Airport. + (b) National Capital Region.--In this section, the term ``National +Capital Region'' has the meaning given such term in section 2674(f)(2) +of title 10, United States Code. +SEC. 1088. CONGRESSIONAL EXPRESSION OF SUPPORT FOR DESIGNATION OF +NATIONAL BORINQUENEERS DAY. + Congress-- + (1) expresses support for the designation of ``National + Borinqueneers Day''; + (2) recognizes the bravery, service, and sacrifice of the + Puerto Rican soldiers of the 65th Infantry Regiment in the armed + conflicts of the United States in the 20th and 21st centuries; + (3) expresses deep gratitude for the contributions to the Armed + Forces that have been made by hundreds of thousands of patriotic + United States citizens from Puerto Rico; and + (4) urges individuals and communities across the United States + to participate in activities that are designed-- + (A) to celebrate the distinguished service of the veterans + who served in the 65th Infantry Regiment, known as the + ``Borinqueneers''; + (B) to pay tribute to the sacrifices made and adversities + overcome by Puerto Rican and Hispanic members of the Armed + Forces; and + (C) to recognize the significant contributions to United + States history made by the Borinqueneers. +SEC. 1089. TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES. + (a) Plan Required.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Defense, in coordination + with the Secretary of State, shall submit to the congressional + defense committees a plan to establish a Department of Defense + Regional Center for Security Studies for the Arctic. + (2) Elements.--The plan required by paragraph (1) shall include + the following: + (A) A description of the benefits of establishing such a + center, including the manner in which the establishment of such + a center would benefit United States and Department of Defense + interests in the Arctic region. + (B) A description of the mission and purpose of such a + center, including-- + (i) enhancing understanding of the dynamics and + national security implications of an emerging Arctic + region, including increased access for transit and + maneuverability; and + (ii) other specific policy guidance from the Office of + the Secretary of Defense. + (C) An analysis of suitable reporting relationships with + the applicable combatant commands. + (D) An assessment of suitable locations, which shall + include an enumeration and valuation of criteria, which may + include-- + (i) the proximity of a location to other academic + institutions that study security implications with respect + to the Arctic region; + (ii) the proximity of a location to the designated lead + for Arctic affairs of the United States Northern Command; + and + (iii) the proximity of a location to a central hub of + assigned Arctic-focused Armed Forces so as to suitably + advance relevant professional development of skills unique + to the Arctic region. + (E) A description of the establishment and operational + costs of such a center, including for-- + (i) military construction for required facilities; + (ii) facility renovation; + (iii) personnel costs for faculty and staff; and + (iv) other costs the Secretary considers appropriate. + (F) An evaluation of the existing infrastructure, + resources, and personnel available at military installations + and at universities and other academic institutions that could + reduce the costs described in accordance with subparagraph (E). + (G) An examination of partnership opportunities with United + States allies and partners for potential collaboration and + burden sharing. + (H) A description of potential courses and programs that + such a center could carry out, including-- + (i) core, specialized, and advanced courses; + (ii) potential planning workshops; + (iii) seminars; + (iv) confidence-building initiatives; and + (v) academic research. + (I) A description of any modification to title 10, United + States Code, necessary for the effective operation of such a + center. + (3) Form.--The plan required by paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (b) Establishment.-- + (1) In general.--Not earlier than 30 days after the submittal + of the plan required by subsection (a), and subject to the + availability of appropriations, the Secretary of Defense may + establish and administer a Department of Defense Regional Center + for Security Studies for the Arctic, to be known as the ``Ted + Stevens Center for Arctic Security Studies'', for the purpose + described in section 342(a) of title 10, United States Code. + (2) Location.--Subject to a determination by the Secretary to + establish the Ted Stevens Center for Arctic Security Studies under + this section, the Center shall be established at a location + determined suitable pursuant to subsection (a)(2)(D). +SEC. 1090. ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING +REQUIREMENTS FOR CERTAIN MILITARY TRAINING. + (a) Establishment of Vetting Procedures.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Defense shall establish + procedures to vet covered individuals for eligibility for physical + access to Department of Defense installations and facilities within + the United States. + (2) Criteria for procedures.--The procedures established under + paragraph (1) shall include biographic and biometric screening of + covered individuals, continuous review of whether covered + individuals should continue to be authorized for physical access, + biographic checks of the immediate family members of covered + individuals, and any other measures that the Secretary determines + appropriate for vetting. + (3) Information required.--The Secretary shall identify the + information required to conduct the vetting under this section. + (4) Collection of information.--The Secretary shall-- + (A) collect the information required to vet individuals + under the procedures established under this subsection; + (B) as required for the effective implementation of this + section, seek to enter into agreements with the relevant + departments and agencies of the United States to facilitate the + sharing of information in the possession of such departments + and agencies concerning covered individuals; and + (C) ensure that the initial vetting of covered individuals + is conducted as early and promptly as practicable, to minimize + disruptions to United States programs to train foreign military + students. + (b) Determination Authority.-- + (1) Review of vetting results.--The Secretary shall assign to + an organization within the Department with responsibility for + security and counterintelligence the responsibility of-- + (A) reviewing the results of the vetting of a covered + individual conducted under subsection (a); and + (B) making a recommendation regarding whether such + individual should be given physical access to a Department of + Defense installation or facility. + (2) Negative recommendation.--If the recommendation with + respect to a covered individual under paragraph (1)(B) is that the + individual should not be given physical access to a Department of + Defense installation or facility-- + (A) such individual may only be given such access if such + access is authorized by the Secretary of Defense or the Deputy + Secretary of Defense; and + (B) the Secretary of Defense shall ensure that the + Secretary of State is promptly provided with notification of + such recommendation. + (c) Additional Security Measures.-- + (1) Security measures required.--The Secretary of Defense shall + ensure that-- + (A) all Department of Defense common access cards issued to + foreign nationals in the United States comply with the + credentialing standards issued by the Office of Personnel + Management; + (B) all such common access cards issued to foreign + nationals in the United States include a visual indicator as + required by the standard developed by the Department of + Commerce National Institute of Standards and Technology; + (C) physical access by covered individuals is limited, as + appropriate, to those Department of Defense installations or + facilities within the United States directly associated with + the training or education or necessary for such individuals to + access authorized benefits; + (D) a policy is in place covering possession of firearms on + Department of Defense property by covered individuals; + (E) covered individuals who have been granted physical + access to Department of Defense installations and facilities + are incorporated into the Insider Threat Program of the + Department of Defense; and + (F) covered individuals are prohibited from transporting, + possessing, storing, or using personally owned firearms on + Department of Defense installations or property consistent with + the Secretary of Defense policy memorandum dated January 16, + 2020, or any successor policy guidance that restricts + transporting, possessing, storing, or using personally owned + firearms on Department of Defense installations or property. + (2) Effective date.--The security measures required under + paragraph (1) shall take effect on the date that is 181 days after + the date of the enactment of this Act. + (3) Notification required.--Upon the establishment of the + security measures required under paragraph (1), the Secretary of + Defense shall submit to the Committees on Armed Services of the + Senate and House of Representatives notice of the establishment of + such security measures. + (d) Reporting Requirements.-- + (1) Report.--Not later than two years after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + appropriate congressional committees a report on the implementation + and effects of this section. Such report shall include a + description of-- + (A) any positive or negative effects on the training of + foreign military students as a result of this section; + (B) the effectiveness of the vetting procedures implemented + pursuant to this section in preventing harm to members of the + Armed Forces and United States persons; + (C) any mitigation strategies used to address any negative + effects of the implementation of this section; and + (D) a proposed plan to mitigate any ongoing negative + effects to the vetting and training of foreign military + students by the Department of Defense. + (2) Report by comptroller general.--Not later than three years + after the date of the enactment of this Act, the Comptroller + General of the United States shall submit to the appropriate + congressional committees an unclassified report (which may contain + a classified annex) on the safety and security of United States + personnel and international students assigned to United States + military bases participating in programs authorized under chapter 5 + of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et + seq.) (relating to international military education and training), + particularly with respect to whether-- + (A) relevant United States diplomatic and consular + personnel properly vet foreign personnel participating in such + programs and entering such bases; + (B) existing screening protocols with respect to such + vetting include counter-terrorism screening and are + sufficiently effective at ensuring the safety and security of + United States personnel and international students assigned to + such bases; and + (C) whether existing screening protocols with respect to + such vetting are in compliance with applicable requirements of + section 362 of title 10, United States Code, and sections 502B + and 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 + and 2378d). + (e) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate; and + (B) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives. + (2) The term ``covered individual'' means any foreign national + (except foreign nationals of Australia, Canada, New Zealand, and + the United Kingdom who have been granted a security clearance that + is reciprocally accepted by the United States for access to + classified information) who-- + (A) is seeking physical access to a Department of Defense + installation or facility within the United States; and + (B) is-- + (i) selected, nominated, or accepted for training or + education for a period of more than 14 days occurring on a + Department of Defense installation or facility within the + United States; or + (ii) an immediate family member accompanying any + foreign national who has been selected, nominated, or + accepted for such training or education. + (3) The term ``United States'' means the several States, the + District of Columbia, the Commonwealth of Puerto Rico, and Guam. + (4) The term ``immediate family member'' with respect to any + individual means the parent, step-parent, spouse, sibling, step- + sibling, half-sibling, child, or step-child of the individual. +SEC. 1091. PERSONAL PROTECTIVE EQUIPMENT MATTERS. + (a) Briefings on Fielding of Newest Generations of PPE to the Armed +Forces.-- + (1) Briefings required.--Not later than January 31, 2021, each + Secretary of a military department shall submit to Congress a + briefing on the fielding of the newest generations of personal + protective equipment to the Armed Forces under the jurisdiction of + such Secretary. + (2) Elements.--Each briefing under paragraph (1) shall include, + for each Armed Force covered by such briefing, the following: + (A) A description and assessment of the fielding of newest + generations of personal protective equipment to members of such + Armed Force, including the following: + (i) The number (aggregated by total number and by sex) + of members of such Armed Force issued the Army Soldiers + Protective System and the Modular Scalable Vest Generation + II body armor as of December 31, 2020. + (ii) The number (aggregated by total number and by sex) + of members of such Armed Force issued Marine Corps Plate + Carrier Generation III body armor as of that date. + (iii) The number (aggregated by total number and by + sex) of members of such Armed Force fitted with legacy + personal protective equipment as of that date. + (B) A description and assessment of the barriers, if any, + to the fielding of such generations of equipment to such + members. + (C) A description and assessment of challenges in the + fielding of such generations of equipment to such members, + including cost overruns, contractor delays, and other + challenges. + (b) System for Tracking Data on Injuries Among Members of the Armed +Forces in Use of Newest Generation PPE.-- + (1) System required.-- + (A) In general.--The Secretary of Defense shall develop and + maintain a system for tracking data on injuries among members + of the Armed Forces in and during the use of newest generation + personal protective equipment. + (B) Scope of system.--The system required by this paragraph + may, at the election of the Secretary, be new for purposes of + this subsection or within or a modification of an appropriate + existing system. + (2) Briefing.--Not later than January 31, 2025, the Secretary + shall submit to Congress a briefing on the prevalence among members + of the Armed Forces of preventable injuries attributable to ill- + fitting or malfunctioning personal protective equipment. + (c) Assessments of Members of the Armed Forces of Injuries Incurred +in Connection With Ill-fitting or Malfunctioning PPE.-- + (1) In general.--Each health assessment specified in paragraph + (2) that is undertaken after the date of the enactment of this Act + shall include the following: + (A) One or more questions on whether members incurred an + injury in connection with ill-fitting or malfunctioning + personal protective equipment during the period covered by such + assessment, including the nature of such injury. + (B) In the case of any member who has so incurred such an + injury, one or more elements of self-evaluation of such injury + by such member for purposes of facilitating timely + documentation and enhanced monitoring of such members and + injuries. + (2) Assessments.--The health assessments specified in this + paragraph are the following: + (A) The annual Periodic Health Assessment of members of the + Armed Forces. + (B) The post-deployment health assessment of members of the + Armed Forces. + + TITLE XI--CIVILIAN PERSONNEL MATTERS + + Subtitle A--General Provisions + +Sec. 1101. Department of Defense policy on unclassified workspaces and + job functions of personnel with pending security clearances. +Sec. 1102. Enhancement of public-private talent exchange programs in the + Department of Defense. +Sec. 1103. Paid parental leave technical corrections. +Sec. 1104. Authority to provide travel and transportation allowances in + connection with transfer ceremonies of certain civilian + employees who die overseas. +Sec. 1105. One-year extension of authority to waive annual limitation on + premium pay and aggregate limitation on pay for Federal + civilian employees working overseas. +Sec. 1106. One-year extension of temporary authority to grant + allowances, benefits, and gratuities to civilian personnel on + official duty in a combat zone. +Sec. 1107. Civilian faculty at the Defense Security Cooperation + University and Institute of Security Governance. +Sec. 1108. Temporary authority to appoint retired members of the Armed + Forces to positions in the Department of Defense. +Sec. 1109. Fire fighters alternative work schedule demonstration project + for the Navy Region Mid-Atlantic Fire and Emergency Services. +Sec. 1110. Special rules for certain monthly workers' compensation + payments and other payments for Federal Government personnel + under chief of mission authority. +Sec. 1111. Temporary increase in limitation on accumulation of annual + leave for Executive branch employees. +Sec. 1112. Telework travel expenses program of the United States Patent + and Trademark Office. +Sec. 1113. Extension of rate of overtime pay authority for Department of + the Navy employees performing work aboard or dockside in + support of the nuclear-powered aircraft carrier forward + deployed in Japan. +Sec. 1114. Enhanced pay authority for certain acquisition and technology + positions in the Department of Defense. +Sec. 1115. Enhanced pay authority for certain research and technology + positions in the science and technology reinvention + laboratories of the Department of Defense. +Sec. 1116. Extension of enhanced appointment and compensation authority + for civilian personnel for care and treatment of wounded and + injured members of the armed forces. +Sec. 1117. Expansion of direct hire authority for certain Department of + Defense personnel to include installation military housing + office positions supervising privatized military housing. +Sec. 1118. Extension of sunset of inapplicability of certification of + executive qualifications by qualification certification review + board of office of personnel management for initial + appointments to senior executive service positions in + department of defense. +Sec. 1119. Pilot program on enhanced pay authority for certain high- + level management positions in the Department of Defense. +Sec. 1120. Recruitment incentives for placement at remote locations. +Sec. 1121. Technical amendments regarding reimbursement of Federal, + State, and local income taxes incurred during travel, + transportation, and relocation. + + Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act + of 2020 + +Sec. 1131. Short title. +Sec. 1132. Sense of Congress. +Sec. 1133. Notification of violation. +Sec. 1134. Reporting requirements. +Sec. 1135. Data to be posted by employing Federal agencies. +Sec. 1136. Data to be posted by the Equal Employment Opportunity + Commission. +Sec. 1137. Notification and Federal Employee Antidiscrimination and + Retaliation Act of 2002 amendments. +Sec. 1138. Nondisclosure agreement limitation. + + Subtitle A--General Provisions + +SEC. 1101. DEPARTMENT OF DEFENSE POLICY ON UNCLASSIFIED WORKSPACES AND +JOB FUNCTIONS OF PERSONNEL WITH PENDING SECURITY CLEARANCES. + (a) Policy Required.--The Secretary of Defense shall develop and +implement a policy under which a covered individual may occupy a +position within the Department of Defense that requires a security +clearance to perform appropriate unclassified work, or work +commensurate with a security clearance already held by the individual +(which may include an interim security clearance), while such +individual awaits a final determination with respect to the security +clearance required for such position. + (b) Unclassified Work Spaces.--As part of the policy under +subsection (a), the Secretary of Defense shall-- + (1) ensure, to the extent practicable, that all facilities of + the Department of Defense at which covered individuals perform job + functions have unclassified workspaces; and + (2) issue guidelines under which appropriately screened + individuals, who are not covered individuals, may use the + unclassified workspaces on a space-available basis. + (c) Report.--Not later than one year after the date of enactment of +this Act, the Secretary of Defense shall submit to the Committees on +Armed Services of the Senate and the House of Representatives a report +setting forth the policy required by subsection (a). The report shall +include the following: + (1) Identification of any challenges or impediments to allowing + covered individuals fill positions on a probationary basis as + described in subsection (a). + (2) A plan for implementing the policy. + (3) A description of how existing facilities may be modified to + accommodate unclassified workspaces. + (4) Identification of impediments to making unclassified + workspace available. + (d) Covered Individual Defined.--In this section, the term +``covered individual'' includes a member of the Armed Forces, a +civilian employee of the Department of Defense, or an applicant for a +civilian position within the Department of Defense, who has applied +for, but who has not yet received, a security clearance that is +required for the individual to perform one or more job functions. +SEC. 1102. ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE PROGRAMS IN +THE DEPARTMENT OF DEFENSE. + (a) Public-private Talent Exchange.--Section 1599g of title 10, +United States Code, is amended-- + (1) in subsection (b)(1), by amending subparagraph (C) to read + as follows: + ``(C) shall contain language ensuring that such employee of + the Department does not improperly use information that such + employee knows relates to a Department acquisition or + procurement for the benefit or advantage of the private-sector + organization.''; and + (2) by amending paragraph (4) of subsection (f) to read as + follows: + ``(4) may not perform work that is considered inherently + governmental in nature; and''. + (b) Application of Exchange Authority to Modernization +Priorities.--Not later than 90 days after the date of the enactment of +this Act, the Secretary of Defense shall take steps to ensure that the +authority of the Secretary to carry out a public-private talent +exchange program under section 1599g of title 10, United States Code +(as amended by subsection (a)), is used to-- + (1) carry out exchanges of personnel with private sector + entities that are working on the modernization priorities of the + Department of Defense; and + (2) carry out exchanges in-- + (A) the office of the Under Secretary of Defense for + Research and Engineering; + (B) the office of the Chief Information Officer of the + Department of Defense; + (C) each Armed Force under the jurisdiction of the + Secretary of a military department; and + (D) any other organizations or elements of the Department + of Defense the Secretary determines appropriate. + (c) Conflicts of Interest.--The Secretary shall implement a system +to identify, mitigate, and manage any conflicts of interests that may +arise as a result of an individual's participation in a public-private +talent exchange under section 1599g of title 10, United States Code. + (d) Treatment of Program Participants.--The Secretary of Defense, +in consultation with each Secretary of a military department, shall +develop practices to ensure that participation by a member of an Armed +Force under the jurisdiction of the Secretary of a military department +in an public-private talent exchange under section 1599g of title 10, +United States Code, is taken into consideration in subsequent +assignments. + (e) Briefing on Use of Existing Exchange Program Authority.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, and annually thereafter for 5 years, the + Secretary of Defense shall provide to the Committees on Armed + Services of the Senate and the House of Representatives a briefing + on the efforts undertaken-- + (A) to implement the public-private exchange programs of + the Department of Defense; and + (B) to ensure that such programs seek opportunities for + exchanges with private sector entities working on modernization + priorities of the Department of Defense, including artificial + intelligence applications, in accordance with the requirements + of this section. + (2) Elements.--Each briefing under paragraph (1) shall include + an explanation of-- + (A) what barriers may prevent supervisors from nominating + their staff and encouraging participation in public-private + exchange programs; + (B) how the Department can incentivize senior leaders and + supervisors to encourage participation in such programs; + (C) how the Department is implementing the requirment of + subsection (c) relating to conflicts of interest; and + (D) what, if any, statutory changes or authorities are + needed to effectively carry out such programs. +SEC. 1103. PAID PARENTAL LEAVE TECHNICAL CORRECTIONS. + (a) Short Title.--This section may be cited as the ``Paid Parental +Leave Technical Corrections Act of 2020''. + (b) Paid Parental Leave for Employees of District of Columbia +Courts and District of Columbia Public Defender Service.-- + (1) District of columbia courts.--Section 11-1726, District of + Columbia Official Code, is amended by adding at the end the + following new subsection: + ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 +U.S.C. 2601 et seq.) with respect to nonjudicial employees of the +District of Columbia courts, the Joint Committee on Judicial +Administration shall, notwithstanding any provision of such Act, +establish a paid parental leave program for the leave described in +subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. +2612(a)(1)) (relating to leave provided in connection with the birth of +a child or a placement of a child for adoption or foster care). In +developing the terms and conditions for this program, the Joint +Committee may be guided by the terms and conditions applicable to the +provision of paid parental leave for employees of the Federal +Government under chapter 63 of title 5, United States Code, and any corresponding regulations.''. - (B) District of columbia public defender service.-- - Section 305 of the District of Columbia Court Reform - and Criminal Procedure Act of 1970 (sec. 2-1605, D.C. - Official Code) is amended by adding at the end the - following new subsection: + (2) District of columbia public defender service.--Section 305 + of the District of Columbia Court Reform and Criminal Procedure Act + of 1970 (section 2-1605, D.C. Official Code) is amended by adding + at the end the following new subsection: ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to employees of the Service, the Director shall, notwithstanding any provision of such Act, establish a @@ -24085,323 +27779,178 @@ the terms and conditions for this program, the Director may be guided by the terms and conditions applicable to the provision of paid parental leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.''. - (2) Clarification of use of other leave in addition to 12 - weeks as family and medical leave.-- - (A) Title 5.--Section 6382(a) of title 5, United - States Code, as amended by section 7602 of the National - Defense Authorization Act for Fiscal Year 2020 (Public - Law 116-92), is amended-- - (i) in paragraph (1), in the matter - preceding subparagraph (A), by inserting ``(or, - in the case of leave that includes leave under - subparagraph (A) or (B) of this paragraph, 12 - administrative workweeks of leave plus any - additional period of leave used under - subsection (d)(2)(B)(ii))'' after ``12 - administrative workweeks of leave''; and - (ii) in paragraph (4), by inserting ``(or - 26 administrative workweeks of leave plus any - additional period of leave used under - subsection (d)(2)(B)(ii))'' after ``26 - administrative workweeks of leave''. - (B) Congressional employees.--Section 202(a)(1) of - the Congressional Accountability Act of 1995 (2 U.S.C. - 1312(a)(1)), as amended by section 7603 of the National - Defense Authorization Act for Fiscal Year 2020 (Public - Law 116-92), is amended-- - (i) in the second sentence, by inserting - ``and in the case of leave that includes leave - for such an event, the period of leave to which - a covered employee is entitled under section - 102(a)(1) of such Act shall be 12 - administrative workweeks of leave plus any - additional period of leave used under - subsection (d)(2)(B) of this section'' before - the period; and - (ii) by striking the third sentence and - inserting the following: ``For purposes of - applying section 102(a)(4) of such Act, in the - case of leave that includes leave under - subparagraph (A) or (B) of section 102(a)(1) of - such Act, a covered employee is entitled, under - paragraphs (1) and (3) of section 102(a) of - such Act, to a combined total of 26 workweeks - of leave plus any additional period of leave - used under subsection (d)(2)(B) of this - section.''. - (C) Other employees covered under the family and - medical leave act of 1993.--Section 102(a) of the - Family and Medical Leave Act of 1993 (29 U.S.C. - 2611(a)) is amended by adding at the end the following: - ``(6) Special rules on period of leave.--With respect to an - employee of the Government Accountability Office and an - employee of the Library of Congress-- - ``(A) in the case of leave that includes leave - under subparagraph (A) or (B) of paragraph (1), the - employee shall be entitled to 12 administrative - workweeks of leave plus any additional period of leave - used under subsection (d)(3)(B)(ii) of this section or - section 202(d)(2)(B) of the Congressional - Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as - the case may be; and - ``(B) for purposes of paragraph (4), the employee - is entitled, under paragraphs (1) and (3), to a - combined total of 26 workweeks of leave plus, if - applicable, any additional period of leave used under - subsection (d)(3)(B)(ii) of this section or section - 202(d)(2)(B) of the Congressional Accountability Act of - 1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be.''. - (3) Applicability.--The amendments made by this subsection - shall not be effective with respect to any birth or placement - occurring before October 1, 2020. - (b) Paid Parental Leave for Presidential Employees.-- - (1) Amendments to chapter 5 of title 3, united states - code.--Section 412 of title 3, United States Code, is amended-- - (A) in subsection (a)(1), by adding at the end the - following: ``In applying section 102 of such Act with - respect to leave for an event described in subsection - (a)(1)(A) or (B) of such section to covered employees, - subsection (c) of this section shall apply and in the - case of leave that includes leave for such an event, - the period of leave to which a covered employee is - entitled under section 102(a)(1) of such Act shall be - 12 administrative workweeks of leave plus any - additional period of leave used under subsection - (c)(2)(B) of this section. For purposes of applying - section 102(a)(4) of such Act, in the case of leave - that includes leave under subparagraph (A) or (B) of - section 102(a)(1) of such Act, a covered employee is - entitled, under paragraphs (1) and (3) of section - 102(a) of such Act, to a combined total of 26 workweeks - of leave plus any additional period of leave used under - subsection (c)(2)(B) of this section.''; - (B) by redesignating subsections (c) and (d) as - subsections (d) and (e), respectively; - (C) by inserting after subsection (b) the - following: - ``(c) Special Rule for Paid Parental Leave.-- - ``(1) Substitution of paid leave.--A covered employee may - elect to substitute for any leave without pay under - subparagraph (A) or (B) of section 102(a)(1) of the Family and - Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave - which is available to such employee for that purpose. - ``(2) Amount of paid leave.--The paid leave that is - available to a covered employee for purposes of paragraph (1) - is-- - ``(A) the number of weeks of paid parental leave in - connection with the birth or placement involved that - corresponds to the number of administrative workweeks - of paid parental leave available to employees under - section 6382(d)(2)(B)(i) of title 5, United States - Code; and - ``(B) during the 12-month period referred to in - section 102(a)(1) of the Family and Medical Leave Act - of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the - administrative workweeks described in subparagraph (A), - any additional paid vacation, personal, family, - medical, or sick leave provided by the employing office - to such employee. - ``(3) Limitation.--Nothing in this section or section - 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 - U.S.C. 2612(d)(2)(A)) shall be considered to require or permit - an employing office to require that an employee first use all - or any portion of the leave described in paragraph (2)(B) - before being allowed to use the paid parental leave described - in paragraph (2)(A). - ``(4) Additional rules.--Paid parental leave under - paragraph (2)(A)-- - ``(A) shall be payable from any appropriation or - fund available for salaries or expenses for positions - within the employing office; - ``(B) if not used by the covered employee before - the end of the 12-month period (as referred to in - section 102(a)(1) of the Family and Medical Leave Act - of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, - shall not accumulate for any subsequent use; and - ``(C) shall apply without regard to the limitations - in subparagraph (E), (F), or (G) of section 6382(d)(2) - of title 5, United States Code, or section 104(c)(2) of - the Family and Medical Leave Act of 1993 (29 U.S.C. - 2614(c)(2)).''; and - (D) in subsection (e)(1), as so redesignated, by - striking ``subsection (c)'' and inserting ``subsection - (d)''. - (2) Applicability.--The amendments made by this subsection - shall not be effective with respect to any birth or placement - occurring before October 1, 2020. (c) FAA and TSA.-- - (1) FAA.-- - (A) In general.--Paragraph (3) of section 102(d) of - the Family and Medical Leave Act of 1993 (29 U.S.C. - 2612(d)(3)), as added by section 7604 of the National - Defense Authorization Act for Fiscal Year 2020 (Public - Law 116-92), is amended-- - (i) in the paragraph heading, by inserting - ``and federal aviation administration'' after - ``GAO''; - (ii) in subparagraphs (A) and (B), by - striking ``the Government Accountability - Office'' in each instance and inserting ``the - Government Accountability Office or the Federal - Aviation Administration''; and - (iii) in subparagraph (D)(i), by striking - ``the Government Accountability Office'' and - inserting ``the Government Accountability - Office or the Federal Aviation Administration - (as the case may be)''. - (B) Applicability.--The amendments made by - subparagraph (A) shall not be effective with respect to - any birth or placement occurring before October 1, - 2020. - (2) Corrections for tsa screeners.--Section 7606 of the - National Defense Authorization Act for Fiscal Year 2020 (Public - Law 116-92) is amended-- - (A) by striking ``Section 111(d)(2)'' and inserting - the following: - ``(a) In General.--Section 111(d)(2)''; and - (B) by adding at the end the following: - ``(b) Effective Date; Application.-- - ``(1) In general.--The amendment made by subsection (a) - shall not be effective with respect to any event for which - leave may be taken under subchapter V of chapter 63 of title 5, - United States Code, occurring before October 1, 2020. - ``(2) Application to service requirement for eligibility.-- - For purposes of applying the period of service requirement - under subparagraph (B) of section 6381(1) to an individual - appointed under section 111(d)(1) of the Aviation and - Transportation Security Act (49 U.S.C. 44935 note), the - amendment made by subsection (a) of this section shall apply - with respect to any period of service by the individual under - such an appointment, including service before the effective - date of such amendment.''. + (1) In general.--Section 40122(g) of title 49, United States + Code, is amended-- + (A) by redesignating paragraph (5) as paragraph (6); and + (B) by inserting after paragraph (4) the following: + ``(5) Paid parental leave.--The Administrator shall implement a + paid parental leave benefit for employees of the Administration + that is, at a minimum, consistent with the paid parental leave + benefits provided under section 6382 of title 5.''. + (2) Effective date.--The amendments made by paragraph (1) shall + apply with respect to any birth or placement occurring on or after + October 1, 2020. + (3) Rule of construction.--Nothing in this subsection, or any + amendment made by this subsection, may be construed to affect leave + provided to an employee of the Transportation Security + Administration before October 1, 2020. (d) Title 38 Employees.-- - (1) In general.--Section 7425 of title 38, United States - Code, is amended-- - (A) in subsection (b), by striking - ``Notwithstanding'' and inserting ``Except as provided - in subsection (c), and notwithstanding''; and - (B) by adding at the end the following: + (1) In general.--Section 7425 of title 38, United States Code, + is amended-- + (A) in subsection (b), by striking ``Notwithstanding'' and + inserting ``Except as provided in subsection (c), and + notwithstanding''; and + (B) by adding at the end the following: ``(c) Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position -described in section 7421(b) who are employed by the Administration -family and medical leave in the same manner, to the maximum extent -practicable, as family and medical leave is provided under subchapter V -of chapter 63 of title 5 to employees, as defined in section 6381(1) of -such title.''. - (2) Applicability.--The amendments made by paragraph (1) - shall not be effective with respect to any event for which - leave may be taken under subchapter V of chapter 63 of title 5, - United States Code, occurring before October 1, 2020. - (e) Article I Judges.-- - (1) Bankruptcy judges.--Section 153(d) of title 28, United - States Code, is amended-- - (A) by striking ``A bankruptcy judge'' and - inserting ``(1) Except as provided in paragraph (2), a - bankruptcy judge''; and - (B) by adding at the end the following: - ``(2) The provisions of subchapter V of chapter 63 of title 5 shall -apply to a bankruptcy judge as if the bankruptcy judge were an employee -(within the meaning of subparagraph (A) of section 6381(1) of such -title).''. - (2) Magistrate judges.--Section 631(k) of title 28, United - States Code, is amended-- - (A) by striking ``A United States magistrate - judge'' and inserting ``(1) Except as provided in - paragraph (2), a United States magistrate judge''; and - (B) by adding at the end the following: - ``(2) The provisions of subchapter V of chapter 63 of title 5 shall -apply to a United States magistrate judge as if the United States -magistrate judge were an employee (within the meaning of subparagraph -(A) of section 6381(1) of such title).''. - (3) Applicability.--The amendments made by this subsection - shall not be effective with respect to any birth or placement - occurring before October 1, 2020. - (f) Technical Corrections.-- - (1) Section 7605 of the National Defense Authorization Act - for Fiscal Year 2020 (Public Law 116-92) is amended by striking - ``on active duty'' each place it appears and inserting ``on - covered active duty''. - (2) Subparagraph (E) of section 6382(d)(2) of title 5, - United States Code, as added by section 7602 of the National - Defense Authorization Act for Fiscal Year 2020 (Public Law 116- - 92), is amended by striking ``the requirement to complete'' and - all that follows and inserting ``the service requirement under - subparagraph (B) of section 6381(1).''. - (3) Section 202(d)(2)(B) of the Congressional - Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as amended - by section 7603 of the National Defense Authorization Act for - Fiscal Year 2020 (Public Law 116-92), is amended by inserting - ``accrued'' before ``sick leave''. - (g) Effective Date.--The amendments made by this section shall take -effect as if enacted immediately after the enactment of the National -Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92). - -SEC. 1102. LIMITATION ON AUTHORITY TO EXCLUDE EMPLOYEES FROM CHAPTER 71 - OF TITLE 5. - - None of the funds authorized to be appropriated by this Act or -otherwise made available for fiscal year 2021 for the Department of -Defense may be used to carry out the authority provided under section -7103(b) of title 5, United States Code, to exclude the Department of -Defense or any agency or subdivision thereof from coverage under -chapter 71 of such title. - -SEC. 1103. AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES IN - CONNECTION WITH TRANSFER CEREMONIES OF DEPARTMENT OF - DEFENSE AND COAST GUARD CIVILIAN EMPLOYEES WHO DIE - OVERSEAS. - +described in section 7421(b) who are employed for compensation by the +Administration, family and medical leave in the same manner and subject +to the same limitations to the maximum extent practicable, as family +and medical leave is provided under subchapter V of chapter 63 of title +5 to employees, as defined in section 6381(1) of such title.''. + (2) Applicability.--The amendments made by paragraph (1) shall + apply with respect to any event for which leave may be taken under + subchapter V of chapter 63 of title 5, United States Code, + occurring on or after October 1, 2020. + (e) Employees of Executive Office of the President.-- + (1) In general.--Section 412 of title 3, United States Code, is + amended-- + (A) in subsection (a), by adding at the end the following: + ``(3) Exception.--Notwithstanding section 401(b)(2), the + requirements of paragraph (2)(B) shall not apply with respect to + leave under subparagraph (A) or (B) of section 102(a)(1) of the + Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).''; + (B) by redesignating subsections (c) and (d) as subsections + (d) and (e), respectively; + (C) by inserting after subsection (b) the following: + ``(c) Special Rules for Substitution of Paid Leave.-- + ``(1) Substitution of paid leave.--A covered employee may elect + to substitute for any leave without pay under subparagraph (A) or + (B) of section 102(a)(1) of the Family and Medical Leave Act of + 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to + such employee for that purpose. + ``(2) Available leave.--The paid leave that is available to a + covered employee for purposes of paragraph (1) is leave of the type + and in the amount available to an employee under section + 6382(d)(2)(B) of title 5, United States Code, for substitution for + leave without pay under subparagraph (A) or (B) of section + 6382(a)(1) of such title. + ``(3) Consistency with title 5.--Paid leave shall be + substituted under this subsection in a manner that is consistent + with the requirements in section 6382(d)(2) of title 5, United + States Code, except that a reference in that section to an + employing agency shall be considered to be a reference to an + employing office, and subparagraph (E) of that section shall not + apply.''; + (D) in paragraph (2) of subsection (d), as redesignated by + subparagraph (B)-- + (i) in subparagraph (A), by striking ``and'' at the end + of the subparagraph; + (ii) in subparagraph (B) by striking the period at the + end and inserting ``; and''; and + (iii) by adding at the end the following: + ``(C) except that the President or designee shall issue + regulations to implement subsection (c) in accordance with the + requirements of that subsection.''; and + (E) in paragraph (1) of subsection (e), as redesignated by + subparagraph (B), by inserting after ``subsection (c)'' the + following: ``(as in effect on the date of enactment of the + Presidential and Executive Office Accountability Act)''. + (2) Applicability.--The amendments made by this subsection + shall apply with respect to any birth or placement occurring on or + after October 1, 2020. + (f) Amendments to Title 5 Family and Medical Leave Act +Provisions.--Chapter 63 of title 5, United States Code, is amended-- + (1) in section 6301(2), by amending clause (v) to read as + follows: + ``(v) an employee of the Veterans Health Administration + who is covered by a leave system established under section + 7421 of title 38;''; + (2) in section 6381(1)-- + (A) in subparagraph (A), by striking ``(v) or''; and + (B) by amending subparagraph (B) to read as follows: + ``(B) has completed at least 12 months of service as an + employee (as defined in section 2105) of the Government of the + United States, including service with the United States Postal + Service, the Postal Regulatory Commission, and a + nonappropriated fund instrumentality as described in section + 2105(c);''; and + (3) in section 6382(d)-- + (A) in paragraph (1), by striking ``under subchapter I'' in + each place it appears; and + (B) in paragraph (2)(B)(ii), by striking ``under subchapter + I''. + (g) Amendment to Congressional Accountability Act of 1995.-- + (1) In general.--Section 202(d)(2)(B) of the Congressional + Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as amended by + section 7603 of the National Defense Authorization Act for Fiscal + Year 2020 (Public Law 116-92), is amended by inserting ``accrued'' + before ``sick leave''. + (2) Effective date.--The amendment made by this subsection + shall apply with respect to any event for which leave may be taken + under subparagraph (A) or (B) of section 102(a)(1) of the Family + and Medical Leave Act of 1995 (29 U.S.C. 2612(a)(1)) and occurring + on or after October 1, 2020. +SEC. 1104. AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES IN +CONNECTION WITH TRANSFER CEREMONIES OF CERTAIN CIVILIAN EMPLOYEES WHO +DIE OVERSEAS. (a) Travel and Transportation Allowances.-- - (1) In general.--Subchapter II of chapter 75 of title 10, - United States Code, is amended by adding at the end the - following new section: + (1) In general.--Subchapter II of chapter 75 of title 10, + United States Code, is amended by adding at the end the following + new section: ``Sec. 1492. Authority to provide travel and transportation allowances - in connection with transfer ceremonies of department of - defense and coast guard civilian employees who die - overseas - ``The Secretary of the military department concerned, the agency -head of a Defense Agency or Department of Defense Field Activity, or -the Secretary of Homeland Security, as appropriate, may provide round -trip travel and transportation allowances in connection with ceremonies -for the transfer of a Department of Defense or Coast Guard civilian -employee who dies while located or serving overseas to eligible -relatives and provide for the accompaniment of such persons to the same -extent as the Secretary of Defense may provide such travel and -transportation allowances and accompaniment services to such persons -with respect to a deceased service member under chapter 8 of title -37.''. - (2) Clerical amendment.--The table of contents at the - beginning of such subchapter is amended by adding at the end - the following new item: + in connection with transfer ceremonies of certain civilian + employees who die overseas + ``(a) Authority.--A covered official may treat a covered relative +of a covered employee under the jurisdiction of that covered official +in the same manner the Secretary of a military department treats, under +section 481f(d) of title 37, next of kin and family members of a member +of the armed forces who dies while located or serving overseas. + ``(b) Definitions.--In this section: + ``(1) The term `covered employee' means a civilian employee-- + ``(A) under the jurisdiction of a covered official; and + ``(B) who dies while located or serving overseas. + ``(2) The term `covered official' means-- + ``(A) the Secretary of the military department concerned; + and + ``(B) the head of a Defense Agency or Department of Defense + Field Activity. + ``(3) The term `covered relative' means-- + ``(A) the primary next of kin of the covered employee; + ``(B) two family members (other than primary next of kin) + of the covered employee; and + ``(C) one or more additional family members of the covered + employee, at the discretion of the Secretary a sibling of the + covered employee.''. + (2) Clerical amendment.--The table of contents at the beginning + of such subchapter is amended by adding at the end the following + new item: ``1492. Authority to provide travel and transportation allowances in - connection with transfer ceremonies of - department of defense and coast guard - civilian employees who die overseas.''. + connection with transfer ceremonies of certain civilian + employees who die overseas.''. + (b) Technical Amendments.--Section 481f(d) of title 37, United States Code, is amended-- - (1) in the subsection heading, by striking ``Transportation - to'' and inserting ``Travel and Transportation Allowances in - Connection With''; and - (2) in paragraph (1) in the matter preceding subparagraph - (A), by striking ``transportation to'' and inserting ``travel - and transportation allowances in connection with''. - -SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION - ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR - FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS. - + (1) in the subsection heading, by striking ``Transportation + To'' and inserting ``Travel And Transportation Allowances In + Connection With''; and + (2) in paragraph (1) in the matter preceding subparagraph (A), + by striking ``transportation to'' and inserting ``travel and + transportation allowances in connection with''. +SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION +ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN +EMPLOYEES WORKING OVERSEAS. Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as most recently amended by section 1105 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is further amended by striking ``through 2020'' and inserting ``through 2021''. - -SEC. 1105. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT - ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN - PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. - +SEC. 1106. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT +ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL +DUTY IN A COMBAT ZONE. Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section @@ -24410,345 +27959,582 @@ Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently amended by section 1104 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is further amended by striking ``2021'' and inserting ``2022''. - -SEC. 1106. LIMITING THE NUMBER OF LOCAL WAGE AREAS DEFINED WITHIN A PAY - LOCALITY. - - (a) Local Wage Area Limitation.--Section 5343(a) of title 5, United -States Code, is amended-- - (1) in paragraph (1)(B)(i), by striking ``(but such'' and - all that follows through ``are employed)''; - (2) in paragraph (4), by striking ``and'' after the - semicolon; - (3) in paragraph (5), by striking the period at the end and - inserting ``; and''; and - (4) by adding at the end of the following: - ``(6) the Office of Personnel Management may define not - more than 1 local wage area within a pay locality, except that - this paragraph shall not apply to the pay locality designated - as `Rest of United States'.''. - (b) Pay Locality Defined.--Section 5342(a) of title 5, United -States Code, is amended-- - (1) in paragraph (2)(C), by striking ``and'' at the end; - (2) in paragraph (3), by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following: - ``(4) `pay locality' has the meaning given that term under - section 5302(5).''. - (c) Regulations.--The Director of the Office of Personnel -Management shall prescribe any regulations necessary to carry out this -section and the amendments made by this section, including regulations -to ensure that this section and the amendments made by this section -shall not have the effect of reducing any rate of basic pay payable to -any individual who is serving as a prevailing rate employee (as defined -under section 5342(a)(2) of title 5, United States Code). - (d) Effective Date.--This section and the amendments made by this -section shall apply with respect to fiscal year 2022 and each fiscal -year thereafter. - SEC. 1107. CIVILIAN FACULTY AT THE DEFENSE SECURITY COOPERATION - UNIVERSITY AND INSTITUTE OF SECURITY GOVERNANCE. - +UNIVERSITY AND INSTITUTE OF SECURITY GOVERNANCE. Section 1595(c) of title 10, United States Code, is amended by adding at the end the following: - ``(6) The Defense Security Cooperation University. - ``(7) The Defense Institute for Security Governance.''. - -SEC. 1108. EXPANSION OF AUTHORITY FOR APPOINTMENT OF RECENTLY-RETIRED - MEMBERS OF THE ARMED FORCES TO POSITIONS AT CERTAIN - INDUSTRIAL BASE FACILITIES. - - (a) In General.--Subsection (b) of section 3326 of title 5, United -States Code, is amended-- - (1) in paragraph (1), by striking ``or'' at the end; - (2) in paragraph (2), by striking the period at the end and - inserting ``; or''; and - (3) by adding at the end the following: - ``(3) the proposed appointment is to a position in the - competitive service-- - ``(A) at any industrial base facility (as that term - is defined in section 2208(u)(3) of title 10) that is - part of the core logistics capabilities (as described - in section 2464(a) of such title); and - ``(B) that has been certified by the Secretary - concerned as lacking sufficient numbers of qualified - applicants.''. - (b) Limitation on Delegation of Certification Authority.--Such -section 3326 is further amended by adding at the end the following: - ``(d) The authority to make a certification described in subsection -(b)(3) may not be delegated to an individual with a grade lower than -colonel, or captain in the Navy, or an inriviaul with an equivalent -civilian grade.''. - (c) Sense of Congress.--It is the sense of Congress that the -amendments made by subsections (a) and (b) shall supplement, and not -provide any exception to, the competitive hiring process for the -Federal civil service. - + ``(6) The Defense Security Cooperation University. + ``(7) The Defense Institute for Security Governance.''. +SEC. 1108. TEMPORARY AUTHORITY TO APPOINT RETIRED MEMBERS OF THE ARMED +FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE. + (a) In General.--Notwithstanding the requirements of section 3326 +of title 5, United States Code, the Secretary of Defense may appoint +retired members of the Armed Forces to positions in the Department of +Defense described in subsection (b). + (b) Positions.-- + (1) In general.--The positions in the Department described in + this subsection are positions classified at or below GS-13 under + the General Schedule under subchapter III of chapter 53 of title 5, + United States Code, or an equivalent level under another wage + system, in the competitive service-- + (A) at any defense industrial base facility (as that term + is defined in section 2208(u)(3) of title 10, United States + Code) that is part of the core logistics capabilities (as + described in section 2464(a) of such title); and + (B) that have been certified by the Secretary of the + military department concerned as lacking sufficient numbers of + potential applicants. + (2) Limitation on delegation of certification.--The Secretary + of a military department may not delegate the authority to make a + certification described in paragraph (1)(B) to an individual in a + grade lower than colonel, captain in the Navy, or an equivalent + grade in the Space Force, or an individual with an equivalent + civilian grade. + (c) Report.--Not later than two years after the date of enactment +of this Act, the Secretary of Defense shall submit to the congressional +defense committees a report on this section and the authority provided +by this section. The report shall include the following: + (1) A description of the use of such authority, including the + positions to which appointments are authorized to be made under + such authority and the number of retired members appointed to each + such position under such authority. + (2) Any other matters in connection with such section or such + authority that the Secretary considers appropriate. + (d) Sunset.--Effective on the date that is 3 years after the date +of enactment of this Act, the authority provided under subsection (a) +shall expire. + (e) Definitions.--In this section, the terms ``member'' and +``Secretary concerned'' have the meaning given those terms in section +101 of title 37, United States Code. SEC. 1109. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE DEMONSTRATION - PROJECT. - - (a) In General.--Not later than 180 days after the date of +PROJECT FOR THE NAVY REGION MID-ATLANTIC FIRE AND EMERGENCY SERVICES. + (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commander, Navy Region Mid-Atlantic, shall -establish and carry out, for a period of not less than 5 years, a Fire -Fighters Alternative Work Schedule demonstration project for the Navy -Region Mid-Atlantic Fire and Emergency Services. Such demonstration -project shall provide, with respect to each Services employee, that-- - (1) assignments to tours of duty are scheduled in advance - over periods of not less than 2 weeks; - (2) tours of duty are scheduled using a regularly recurring - pattern of 48-hour shifts followed by 48 or 72 consecutive non- - work hours, as determined by mutual agreement between the Navy - Region Mid-Atlantic and the exclusive employee representative - at each Navy Region Mid-Atlantic Installation, in such a manner - that each employee is regularly scheduled for 144-hours in any - 2-week period; - (3) for any such employee that is a fire fighter working an - alternative work schedule, such employee shall earn overtime - compensation in a manner consistent with other applicable law - and regulation; - (4) no right shall be established to any form of premium - pay, including night, Sunday, holiday, or hazard duty pay; and - (5) leave accrual and use shall be consistent with other - applicable law and regulation. - (b) Report.--Not later than 180 days following the end of such -demonstration project, the Commander, Navy Region Mid-Atlantic, shall -submit a report to the Committees on Armed Services of the House of -Representatives and the Senate detailing-- - (1) any financial savings or expenses directly and - inseparably linked to the demonstration project; - (2) any intangible quality of life and morale improvements - achieved by the demonstration project; and - (3) any adverse impact of the demonstration project - occurring solely as the result of the transition to the - demonstration project. - +establish and carry out, for a period of not less than five years, a +Fire Fighters Alternative Work Schedule demonstration project for the +Navy Region Mid-Atlantic Fire and Emergency Services. Such +demonstration project shall provide, with respect to each employee of +the Navy Region Mid-Atlantic Fire and Emergency Services, that-- + (1) assignments to tours of duty are scheduled in advance over + periods of not less than two weeks; + (2) tours of duty are scheduled using a regularly recurring + pattern of 48-hour shifts followed by 48 or 72 consecutive non-work + hours, as determined by mutual agreement between the Commander, + Navy Region Mid-Atlantic, and the exclusive employee representative + at each Navy Region Mid-Atlantic installation, in such a manner + that each employee is regularly scheduled for 144-hours in any two- + week period; + (3) for any such employee that is a fire fighter working an + alternative work schedule, such employee shall earn overtime + compensation in a manner consistent with other applicable law and + regulation; + (4) no right shall be established to any form of premium pay, + including night, Sunday, holiday, or hazard duty pay; and + (5) leave accrual and use shall be consistent with other + applicable law and regulation. + (b) Report.--Not later than 180 days after the date on which the +demonstration project under this section terminates, the Commander, +Navy Region Mid-Atlantic, shall submit to the Committees on Armed +Services of the Senate and the House of Representatives a report +detailing-- + (1) any financial savings or expenses directly and inseparably + linked to the demonstration project; + (2) any intangible quality of life and morale improvements + achieved by the demonstration project; and + (3) any adverse impact of the demonstration project occurring + solely as the result of the transition to the demonstration + project. SEC. 1110. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION - PAYMENTS AND OTHER PAYMENTS FOR FEDERAL GOVERNMENT - PERSONNEL UNDER CHIEF OF MISSION AUTHORITY. - +PAYMENTS AND OTHER PAYMENTS FOR FEDERAL GOVERNMENT PERSONNEL UNDER +CHIEF OF MISSION AUTHORITY. Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 22 U.S.C. 2680b) is amended-- - (1) in subsection (a), by inserting ``or the head of any - other Federal agency'' after ``The Secretary of State''; - (2) in subsection (e)(2)-- - (A) by striking ``the Department of State'' and - inserting ``the Federal Government''; and - (B) by inserting after ``subsection (f)'' the - following: ``, but does not include an individual - receiving compensation under section 19A of the Central - Intelligence Agency Act of 1949 (50 U.S.C. 3519b)''; - and - (3) in subsection (h)(2), by striking the first sentence - and inserting the following: ``Nothing in this section shall - limit, modify, or otherwise supersede chapter 81 of title 5, - United States Code, the Defense Base Act (42 U.S.C. 1651 et - seq.), or section 19A of the Central Intelligence Agency Act of - 1949 (50 U.S.C. 3519b).''. - -SEC. 1111. RESTORATION OF ANNUAL LEAVE DUE TO A PANDEMIC. - - (a) In General.--Section 6304(d) of title 5, United States Code, is -amended by adding at the end the following new paragraph: - ``(5) For the purposes of this subsection, the service of - an employee during a pandemic shall be deemed to be an exigency - of the public business, and any leave that, by reason of such - service, is lost by the employee by operation of this section - (regardless of whether such leave was scheduled) shall be - restored to the employee and shall be credited and available in - accordance with paragraph (2).''. - (b) Applicability.--The amendment made by subsection (a) shall -apply to any leave lost on or after the date of enactment of this Act. - -SEC. 1112. PROHIBITION ON DOWNLOADING OR USING TIKTOK BY FEDERAL - EMPLOYEES. - - (a) In General.--Except as provided in subsection (b), no employee -of the United States, officer of the United States, Member of Congress, -congressional employee, or officer or employee of a government -corporation may download or use TikTok or any successor application -developed by ByteDance or any entity owned by ByteDance on any device -issued by the United States or a government corporation. - (b) Exception.--Subsection (a) shall not apply to any -investigation, cybersecurity research activity, enforcement action, -disciplinary action, or intelligence activity. - -SEC. 1113. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED STATES PATENT - AND TRADEMARK OFFICE. - + (1) in subsection (a), by inserting ``or the head of any other + Federal agency'' after ``The Secretary of State''; + (2) in subsection (c), by striking ``and the Secretary of + State'' and inserting ``, the Secretary of State, and, as + appropriate, the head of any other Federal agency paying benefits + under this section''; + (3) in subsection (e)(2)-- + (A) by striking ``the Department of State'' and inserting + ``the Federal Government''; and + (B) by inserting after ``subsection (f)'' the following: + ``, but does not include an individual receiving compensation + under section 19A of the Central Intelligence Agency Act of + 1949 (50 U.S.C. 3519b)''; and + (4) in subsection (h)(2), by striking the first sentence and + inserting the following: ``Nothing in this section shall limit, + modify, or otherwise supersede chapter 81 of title 5, United States + Code, the Defense Base Act (42 U.S.C. 1651 et seq.), or section 19A + of the Central Intelligence Agency Act of 1949 (50 U.S.C. + 3519b).''. +SEC. 1111. TEMPORARY INCREASE IN LIMITATION ON ACCUMULATION OF ANNUAL +LEAVE FOR EXECUTIVE BRANCH EMPLOYEES. + (a) In General.--At the discretion of the Director of the Office of +Personnel Management, annual leave provided to an Executive branch +employee may accumulate for use in leave year 2021 in an amount equal +to 125% of the maximum amount of annual leave permitted, but for this +subsection, to accumulate for use in that leave year under the leave +system covering such employee. + (b) Exclusion From Lump-sum Payment.--Any annual leave accumulated +pursuant to subsection (a) in excess of the maximum amount of annual +leave permitted, but for this section, to accumulate for use in +succeeding years shall not be included in any lump-sum payment for +leave to an individual, including any lump-sum payment under section +5551 or 5552 of title 5, United States Code. + (c) Definitions.--In this section-- + (1) the term ``agency'' means each agency, office, or other + establishment in the executive branch of the Federal Government; + and + (2) the term ``Executive branch employee''-- + (A) means-- + (i) an employee of an agency; + (ii) an employee appointed under chapter 74 of title + 38, United States Code, notwithstanding section 7421(a), + section 7425(b), or any other provision of chapter 74 of + such title; and + (iii) any other individual occupying a position in the + civil service (as that term is defined in section 2101(1) + of title 5, United States Code) in the executive branch of + the Federal Government; and + (B) does not include any individual occupying a position + that is classified at or above the level of a Senior Executive + Service position or the equivalent thereof. +SEC. 1112. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED STATES PATENT +AND TRADEMARK OFFICE. (a) In General.--Section 5711 of title 5, United States Code, is amended-- - (1) in the section heading, by striking ``test''; - (2) in subsection (f)-- - (A) in paragraph (1)-- - (i) in the matter preceding subparagraph - (A), by striking ``committee'' and inserting - ``committees''; and - (ii) in subparagraph (B), by striking - ``Government''; - (B) in paragraph (2)-- - (i) by striking ``test''; and - (ii) by striking ``section, including the - provision of reports in accordance with - subsection (d)(1)'' and inserting - ``subsection''; - (C) in paragraph (4)(B), in the matter preceding - clause (i), by inserting ``and maintain'' after - ``develop''; and - (D) in paragraph (5)-- - (i) in subparagraph (A), by striking - ``test''; and - (ii) by striking subparagraph (B) and - inserting the following: - ``(B) The Director of the Patent and Trademark Office shall prepare -and submit to the appropriate committees of Congress an annual report -on the operation of the program under this subsection, which shall -include-- - ``(i) the costs and benefits of the program; and - ``(ii) an analysis of the effectiveness of the program, as - determined under criteria developed by the Director.''; and - (3) in subsection (g), by striking ``this section'' and - inserting ``subsection (b)''. + (1) in the section heading, by striking ``test''; + (2) in subsection (f)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph (A), by + striking ``committee'' and inserting ``committees''; and + (ii) in subparagraph (B), by striking ``Government''; + (B) in paragraph (2)-- + (i) by striking ``test''; and + (ii) by striking ``section, including the provision of + reports in accordance with subsection (d)(1)'' and + inserting ``subsection''; + (C) in paragraph (4)(B), in the matter preceding clause + (i), by inserting ``and maintain'' after ``develop''; and + (D) in paragraph (5)-- + (i) in subparagraph (A), by striking ``test''; and + (ii) by striking subparagraph (B) and inserting the + following: + ``(B) The Director of the Patent and Trademark Office shall + prepare and submit to the appropriate committees of Congress an + annual report on the operation of the program under this + subsection, which shall include-- + ``(i) the costs and benefits of the program; and + ``(ii) an analysis of the effectiveness of the program, + as determined under criteria developed by the Director.''; + and + (3) in subsection (g), by striking ``this section'' and + inserting ``subsection (b)''. (b) Technical and Conforming Amendments.--The table of sections for subchapter I of chapter 57 of title 5, United States Code, is amended by striking the item relating to section 5711 and inserting the following: ``5711. Authority for telework travel expenses programs.''. - -SEC. 1114. EXTENSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT - OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD OR DOCKSIDE - IN SUPPORT OF THE NUCLEAR-POWERED AIRCRAFT CARRIER - FORWARD DEPLOYED IN JAPAN. - +SEC. 1113. EXTENSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT +OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD OR DOCKSIDE IN SUPPORT OF +THE NUCLEAR-POWERED AIRCRAFT CARRIER FORWARD DEPLOYED IN JAPAN. Section 5542(a)(6)(B) of title 5, United States Code, is amended by striking ``September 30, 2021'' and inserting ``September 30, 2026''. +SEC. 1114. ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION AND +TECHNOLOGY POSITIONS IN THE DEPARTMENT OF DEFENSE. + (a) In General.--Subchapter I of chapter 87 of title 10, United +States Code, is amended by inserting after section 1701a the following +new section: +``Sec. 1701b. Enhanced pay authority for certain acquisition and + technology positions + ``(a) In General.--The Secretary of Defense may carry out a program +using the pay authority specified in subsection (d) to fix the rate of +basic pay for positions described in subsection (c) in order to assist +the Office of the Secretary of Defense and the military departments in +attracting and retaining high-quality acquisition and technology +experts in positions responsible for managing and developing complex, +high-cost, technological acquisition efforts of the Department of +Defense. + ``(b) Approval Required.--The program may be carried out only with +approval as follows: + ``(1) Approval of the Under Secretary of Defense for + Acquisition and Sustainment, in the case of positions in the Office + of the Secretary of Defense. + ``(2) Approval of the service acquisition executive of the + military department concerned, in the case of positions in a + military department. + ``(c) Positions.--The positions described in this subsection are +positions that-- + ``(1) require expertise of an extremely high level in a + scientific, technical, professional, or acquisition management + field; and + ``(2) are critical to the successful accomplishment of an + important acquisition or technology development mission. + ``(d) Rate of Basic Pay.--The pay authority specified in this +subsection is authority as follows: + ``(1) Authority to fix the rate of basic pay for a position at + a rate not to exceed 150 percent of the rate of basic pay payable + for level I of the Executive Schedule, upon the approval of the + Under Secretary of Defense for Acquisition and Sustainment or the + service acquisition executive concerned, as applicable. + ``(2) Authority to fix the rate of basic pay for a position at + a rate in excess of 150 percent of the rate of basic pay payable + for level I of the Executive Schedule, upon the approval of the + Secretary of Defense. + ``(e) Limitations.-- + ``(1) In general.--The authority in subsection (a) may be used + only to the extent necessary to competitively recruit or retain + individuals exceptionally well qualified for positions described in + subsection (c). + ``(2) Number of positions.--The authority in subsection (a) may + not be used with respect to more than five positions in the Office + of the Secretary of Defense and more than five positions in each + military department at any one time. + ``(3) Term of positions.--The authority in subsection (a) may + be used only for positions having terms less than five years.''. + (b) Clerical Amendment.--The table of sections at the beginning of +subchapter I of chapter 87 of such title is amended by inserting after +the item relating to section 1701a the following new item: + +``1701b. Enhanced pay authority for certain acquisition and technology + positions.''. + + (c) Repeal of Pilot Program.-- + (1) In general.--Section 1111 of the National Defense + Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) is + repealed. + (2) Continuation of pay.--The repeal in paragraph (1) shall not + be interpreted to prohibit the payment of basic pay at rates fixed + under such section 1111 before the date of the enactment of this + Act for positions having terms that continue after that date. +SEC. 1115. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY +POSITIONS IN THE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF THE +DEPARTMENT OF DEFENSE. + (a) In General.--Chapter 139 of title 10, United States Code, is +amended by inserting after section 2358b the following new section: +``Sec. 2358c. Enhanced pay authority for certain research and + technology positions in science and technology reinvention + laboratories + ``(a) In General.--The Secretary of Defense may carry out a program +using the pay authority specified in subsection (d) to fix the rate of +basic pay for positions described in subsection (c) in order to assist +the military departments in attracting and retaining high quality +acquisition and technology experts in positions responsible for +managing and performing complex, high-cost research and technology +development efforts in the science and technology reinvention +laboratories of the Department of Defense. + ``(b) Approval Required.--The program may be carried out in a +military department only with the approval of the service acquisition +executive of the military department concerned. + ``(c) Positions.--The positions described in this subsection are +positions in the science and technology reinvention laboratories of the +Department of Defense that-- + ``(1) require expertise of an extremely high level in a + scientific, technical, professional, or acquisition management + field; and + ``(2) are critical to the successful accomplishment of an + important research or technology development mission. + ``(d) Rate of Basic Pay.--The pay authority specified in this +subsection is authority as follows: + ``(1) Authority to fix the rate of basic pay for a position at + a rate not to exceed 150 percent of the rate of basic pay payable + for level I of the Executive Schedule, upon the approval of the + service acquisition executive concerned. + ``(2) Authority to fix the rate of basic pay for a position at + a rate in excess of 150 percent of the rate of basic pay payable + for level I of the Executive Schedule, upon the approval of the + Secretary of the military department concerned. + ``(e) Limitations.-- + ``(1) In general.--The authority in subsection (a) may be used + only to the extent necessary to competitively recruit or retain + individuals exceptionally well qualified for positions described in + subsection (c). + ``(2) Number of positions.--The authority in subsection (a) may + not be used with respect to more than five positions in each + military department at any one time. + ``(3) Term of positions.--The authority in subsection (a) may + be used only for positions having a term of less than five years. + ``(f) Science and Technology Reinvention Laboratories of the +Department of Defense Defined.--In this section, the term `science and +technology reinvention laboratories of the Department of Defense' means +the laboratories designated as science and technology reinvention +laboratories by section 1105(a) of the National Defense Authorization +Act for Fiscal Year 2010 (10 U.S.C. 2358 note).''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 139 of such title is amended by inserting after the item +relating to section 2358b the following new item: + +``2358c. Enhanced pay authority for certain research and technology + positions in science and technology reinvention + laboratories.''. + + (c) Repeal of Pilot Program.-- + (1) In general.--Section 1124 of the National Defense + Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 + Stat. 2456; 10 U.S.C. 2358 note) is repealed. + (2) Continuation of pay.--The repeal in paragraph (1) shall not + be interpreted to prohibit the payment of basic pay at rates fixed + under such section 1124 before the date of the enactment of this + Act for positions having terms that continue after that date. +SEC. 1116. EXTENSION OF ENHANCED APPOINTMENT AND COMPENSATION AUTHORITY +FOR CIVILIAN PERSONNEL FOR CARE AND TREATMENT OF WOUNDED AND INJURED +MEMBERS OF THE ARMED FORCES. + Section 1599c(b) of title 10, United States Code, is amended by +striking ``December 31, 2020'' both places it appears and inserting +``December 31, 2025''. +SEC. 1117. EXPANSION OF DIRECT HIRE AUTHORITY FOR CERTAIN DEPARTMENT OF +DEFENSE PERSONNEL TO INCLUDE INSTALLATION MILITARY HOUSING OFFICE +POSITIONS SUPERVISING PRIVATIZED MILITARY HOUSING. + Section 9905(a) of title 5, United States Code, is amended by +adding at the end the following new paragraph: + ``(11) Any position in the military housing office of a + military installation whose primary function is supervision of + military housing covered by subchapter IV of chapter 169 of title + 10.''. +SEC. 1118. EXTENSION OF SUNSET OF INAPPLICABILITY OF CERTIFICATION OF +EXECUTIVE QUALIFICATIONS BY QUALIFICATION CERTIFICATION REVIEW BOARD OF +OFFICE OF PERSONNEL MANAGEMENT FOR INITIAL APPOINTMENTS TO SENIOR +EXECUTIVE SERVICE POSITIONS IN DEPARTMENT OF DEFENSE. + Section 1109(e) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +2010; 5 U.S.C. 3393 note) is amended by striking ``on the date'' and +all that follows and inserting ``on August 13, 2023''. +SEC. 1119. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CERTAIN HIGH- +LEVEL MANAGEMENT POSITIONS IN THE DEPARTMENT OF DEFENSE. + (a) Pilot Program Authorized.--The Secretary of Defense may carry +out a pilot program to assess the feasibility and advisability of using +the pay authority specified in subsection (d) to fix the rate of basic +pay for positions described in subsection (c) in order to assist the +Department of Defense in attracting and retaining personnel with +significant experience in high-level management of complex +organizations and enterprise functions in order to lead implementation +by the Department of the National Defense Strategy. + (b) Approval Required.--The pilot program may be carried out only +with approval as follows: + (1) Approval of the Deputy Secretary of Defense, in the case of + a position not under the authority, direction, and control of an + Under Secretary of Defense and not under the authority, direction, + and control of the Under Secretary of a military department. + (2) Approval of the applicable Under Secretary of Defense, in + the case of a position under the authority, direction, and control + of an Under Secretary of Defense. + (3) Approval of the Under Secretary or an Assistant Secretary + of the military department concerned, in the case of a position in + a military department. + (c) Positions.--The positions described in this subsection are +positions that require expertise of an extremely high level in +innovative leadership and management of enterprise-wide business +operations, including financial management, health care, supply chain +and logistics, information technology, real property stewardship, and +human resources, across a large and complex organization. + (d) Rate of Basic Pay.--Without regard to the basic pay authorities +in sections 5376, 5382, 5383 and 9903 of title 5, United States Code, +the pay authority specified in this subsection is authority as follows: + (1) Authority to fix the rate of basic pay for a position at a + rate not to exceed 150 percent of the rate of basic pay payable for + level I of the Executive Schedule, upon the approval of the + applicable official under subsection (b). + (2) Authority to fix the rate of basic pay for a position at a + rate in excess of 150 percent of the rate of basic pay payable for + level I of the Executive Schedule, upon the approval of the + Secretary of Defense. + (e) Limitations.-- + (1) In general.--The authority in subsection (a) may be used + only to the extent necessary to competitively recruit or retain + individuals exceptionally well qualified for positions described in + subsection (c). + (2) Number of positions.--The authority in subsection (a) may + not be used with respect to-- + (A) more than 10 positions in the Office of the Secretary + of Defense and components of the Department of Defense other + than the military departments at any one time; and + (B) more than five positions in each military department at + any one time. + (3) Term of positions.--The authority in subsection (a) may be + used only for positions having terms less than five years. + (4) Past service.--An individual may not be appointed to a + position pursuant to the authority provided by subsection (a) if + the individual separated or retired from Federal civil service or + service as a commissioned officer of an Armed Force on a date that + is less than five years before the date of such appointment of the + individual. + (f) Termination.-- + (1) In general.--The authority to fix rates of basic pay for a + position under this section shall terminate on October 1, 2025. + (2) Continuation of pay.--Nothing in paragraph (1) shall be + construed to prohibit the payment after October 1, 2025, of basic + pay at rates fixed under this section before that date for + positions whose terms continue after that date. +SEC. 1120. RECRUITMENT INCENTIVES FOR PLACEMENT AT REMOTE LOCATIONS. + (a) In General.--Chapter 81 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 1599i. Recruitment incentives for placement at remote locations + ``(a) Recruitment Incentive.-- + ``(1) In general.--An individual appointed to a position in the + Department of Defense at a covered location may be paid a + recruitment incentive in connection with such appointment. + ``(2) Amount.--The amount of a recruitment incentive payable to + an individual under this subsection may not exceed the amount equal + to-- + ``(A) 25 percent of the annual rate of basic pay of the + employee for the position concerned as of the date on which the + service period in such position agreed to by the individual + under paragraph (3) commences; multiplied by + ``(B) the number of years (including fractions of a year) + of such service period (not to exceed four years). + ``(3) Service agreement.--To receive a recruitment incentive + under this subsection, an individual appointed to a position under + paragraph (1) shall enter into an agreement with the Secretary of + Defense to complete a period of service at the covered location. + The period of obligated service of the individual at such location + under the agreement may not exceed four years. The agreement shall + include such repayment or alternative employment obligations as the + Secretary considers appropriate for failure of the individual to + complete the period of obligated service specified in the + agreement. + ``(4) Covered locations defined.--In this section, a covered + location is a location for which the Secretary of Defense has + determined that critical hiring needs are not being met due to the + geographic remoteness or isolation or extreme climate conditions of + the location. + ``(b) Sunset.--Effective on September 30, 2022, the authority +provided under subsection (a) shall expire.''. + (b) Outcome Measurements.--The Secretary of Defense shall develop +outcome measurements to evaluate the effect of the authority provided +under subsection (a) of section 1599i of title 10, United States Code, +as added by subsection (a), and any relocation incentives provided +under subsection (b) of such section. + (c) Report Required.-- + (1) In general.--Not later than March 1, 2022, the Secretary of + Defense shall submit to the congressional defense committees a + report on the effect of the authority provided under section 1599i + of title 10, United States Code, as added by subsection (a). + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A description and assessment of the effectiveness and + achievements of the recruitment incentives described in + paragraph (1), including-- + (i) the number of employees placed at covered locations + described in section 1599i(a)(2) of title 10, United States + Code, as added by subsection (a); and + (ii) the cost-per-placement of such employees. + (B) A comparison of the effectiveness and use of the + recruitment incentives described in paragraph (1) to + authorities under title 5, United States Code, used by the + Department of Defense before the date of the enactment of this + Act to support hiring at remote or rural locations. + (C) An assessment of-- + (i) the minority community outreach efforts made in + using the authority and providing relocation incentives + described in paragraph (1); and + (ii) participation outcomes. + (D) Such other matters as the Secretary considers + appropriate. + (d) Clerical Amendment.--The table of sections at the beginning of +chapter 81 of title 10, United States Code, is amended by adding at the +end the following new item: -SEC. 1115. VACANCY OF INSPECTOR GENERAL POSITIONS. - - (a) In General.--Section 3345 of title 5, United States Code, is -amended by adding at the end the following: - ``(d)(1) Notwithstanding subsection (a), if an Inspector General -position that requires appointment by the President by and with the -advice and consent of the Senate to be filled is vacant, the first -assistant of such position shall perform the functions and duties of -the Inspector General temporarily in an acting capacity subject to the -time limitations of section 3346. - ``(2) Notwithstanding subsection (a), if for purposes of carrying -out paragraph (1) of this subsection, by reason of absence, disability, -or vacancy, the first assistant to the position of Inspector General is -not available to perform the functions and duties of the Inspector -General, an acting Inspector General shall be appointed by the -President from among individuals serving in an office of any Inspector -General, provided that-- - ``(A) during the 365-day period preceding the date of - death, resignation, or beginning of inability to serve of the - applicable Inspector General, the individual served in a - position in an office of any Inspector General for not less - than 90 days; and - ``(B) the rate of pay for the position of such individual - is equal to or greater than the minimum rate of pay payable for - a position at GS-15 of the General Schedule.''. - (b) Application.--The amendment made by subsection (a) shall apply -to any vacancy first occurring with respect to an Inspector General -position on or after the date of enactment of this Act. +``1599i. Recruitment incentives for placement at remote locations.''. +SEC. 1121. TECHNICAL AMENDMENTS REGARDING REIMBURSEMENT OF FEDERAL, +STATE, AND LOCAL INCOME TAXES INCURRED DURING TRAVEL, TRANSPORTATION, +AND RELOCATION. + (a) In General.--Section 5724b(b) of title 5, United States Code, +is amended-- + (1) by striking ``or relocation expenses reimbursed'' and + inserting ``and relocation expenses reimbursed''; and + (2) by striking ``of chapter 41'' and inserting ``or chapter + 41''. + (b) Retroactive Effective Date.--The amendments made by subsection +(a) shall take effect as if included in the enactment of section 1114 +of the National Defense Authorization Act for Fiscal Year 2020 (Public +Law 116-92). Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 -SEC. 1121. SHORT TITLE. - +SEC. 1131. SHORT TITLE. This subtitle may be cited as the ``Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020''. - -SEC. 1122. SENSE OF CONGRESS. - +SEC. 1132. SENSE OF CONGRESS. Section 102 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended-- - (1) by striking paragraph (4) and inserting the following: - ``(4) accountability in the enforcement of the rights of - Federal employees is furthered when Federal agencies agree to - take appropriate disciplinary action against Federal employees - who are found to have intentionally committed discriminatory - (including retaliatory) acts;''; and - (2) in paragraph (5)(A)-- - (A) by striking ``nor is accountability'' and - inserting ``accountability is not''; and - (B) by inserting ``for what, by law, the agency is - responsible'' after ``under this Act''. - -SEC. 1123. NOTIFICATION OF VIOLATION. - + (1) by striking paragraph (4) and inserting the following: + ``(4) accountability in the enforcement of the rights of + Federal employees is furthered when Federal agencies agree to take + appropriate disciplinary action against Federal employees who are + found to have intentionally committed discriminatory (including + retaliatory) acts;''; and + (2) in paragraph (5)(A)-- + (A) by striking ``nor is accountability'' and inserting + ``accountability is not''; and + (B) by inserting ``for what, by law, the agency is + responsible'' after ``under this Act''. +SEC. 1133. NOTIFICATION OF VIOLATION. Section 202 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following: ``(d) Notification of Final Agency Action.-- - ``(1) In general.--Not later than 90 days after the date on - which an event described in paragraph (2) occurs with respect - to a finding of discrimination (including retaliation), the - head of the Federal agency subject to the finding shall provide - notice-- - ``(A) on the public internet website of the agency, - in a clear and prominent location linked directly from - the home page of that website; - ``(B) stating that a finding of discrimination - (including retaliation) has been made; and - ``(C) which shall remain posted for not less than 1 - year. - ``(2) Events described.--An event described in this - paragraph is any of the following: - ``(A) All appeals of a final action by a Federal - agency involving a finding of discrimination (including - retaliation) prohibited by a provision of law covered - by paragraph (1) or (2) of section 201(a) have been - exhausted. - ``(B) All appeals of a final decision by the Equal - Employment Opportunity Commission involving a finding - of discrimination (including if the finding included a - finding of retaliation) prohibited by a provision of - law covered by paragraph (1) or (2) of section 201(a) - have been exhausted. - ``(C) A court of jurisdiction issues a final - judgment involving a finding of discrimination - (including retaliation) prohibited by a provision of - law covered by paragraph (1) or (2) of section 201(a). - ``(3) Contents.--A notification provided under paragraph - (1) with respect to a finding of discrimination (including - retaliation) shall-- - ``(A) identify the date on which the finding was - made, the date on which each discriminatory act - occurred, and the law violated by each such - discriminatory act; and - ``(B) advise Federal employees of the rights and - protections available under the provisions of law - covered by paragraphs (1) and (2) of section 201(a).''. - -SEC. 1124. REPORTING REQUIREMENTS. - + ``(1) In general.--Not later than 90 days after the date on + which an event described in paragraph (2) occurs with respect to a + finding of discrimination (including retaliation), the head of the + Federal agency subject to the finding shall provide notice-- + ``(A) on the public internet website of the agency, in a + clear and prominent location linked directly from the home page + of that website; + ``(B) stating that a finding of discrimination (including + retaliation) has been made; and + ``(C) which shall remain posted for not less than 1 year. + ``(2) Events described.--An event described in this paragraph + is any of the following: + ``(A) All appeals of a final action by a Federal agency + involving a finding of discrimination (including retaliation) + prohibited by a provision of law covered by paragraph (1) or + (2) of section 201(a) have been exhausted. + ``(B) All appeals of a final decision by the Equal + Employment Opportunity Commission involving a finding of + discrimination (including if the finding included a finding of + retaliation) prohibited by a provision of law covered by + paragraph (1) or (2) of section 201(a) have been exhausted. + ``(C) A court of jurisdiction issues a final judgment + involving a finding of discrimination (including retaliation) + prohibited by a provision of law covered by paragraph (1) or + (2) of section 201(a). + ``(3) Contents.--A notification provided under paragraph (1) + with respect to a finding of discrimination (including retaliation) + shall-- + ``(A) identify the date on which the finding was made, the + date on which each discriminatory act occurred, and the law + violated by each such discriminatory act; and + ``(B) advise Federal employees of the rights and + protections available under the provisions of law covered by + paragraphs (1) and (2) of section 201(a).''. +SEC. 1134. REPORTING REQUIREMENTS. (a) Electronic Format Requirement.-- - (1) In general.--Section 203(a) of the Notification and - Federal Employee Antidiscrimination and Retaliation Act of 2002 - (5 U.S.C. 2301 note) is amended in the matter preceding - paragraph (1)-- - (A) by inserting ``Homeland Security and'' before - ``Governmental Affairs''; - (B) by striking ``on Government Reform'' and - inserting ``on Oversight and Reform''; and - (C) by inserting ``(in an electronic format - prescribed by the Director of the Office of Personnel - Management),'' after ``an annual report''. - (2) Effective date.--The amendment made by paragraph (1)(C) - shall take effect on the date that is 1 year after the date of - enactment of this Act. - (3) Transition period.--Notwithstanding the requirements of - section 203(a) of the Notification and Federal Employee - Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 - note), the report required under such section 203(a) may be - submitted in an electronic format, as prescribed by the - Director of the Office of Personnel Management, during the - period beginning on the date of enactment of this Act and - ending on the effective date in paragraph (2). + (1) In general.--Section 203(a) of the Notification and Federal + Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. + 2301 note) is amended in the matter preceding paragraph (1)-- + (A) by inserting ``Homeland Security and'' before + ``Governmental Affairs''; + (B) by striking ``on Government Reform'' and inserting ``on + Oversight and Reform''; and + (C) by inserting ``(in an electronic format prescribed by + the Director of the Office of Personnel Management),'' after + ``an annual report''. + (2) Effective date.--The amendment made by paragraph (1)(C) + shall take effect on the date that is 1 year after the date of + enactment of this Act. + (3) Transition period.--Notwithstanding the requirements of + section 203(a) of the Notification and Federal Employee + Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 + note), the report required under such section 203(a) may be + submitted in an electronic format, as prescribed by the Director of + the Office of Personnel Management, during the period beginning on + the date of enactment of this Act and ending on the effective date + in paragraph (2). (b) Reporting Requirement for Disciplinary Action.--Section 203 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at @@ -24760,62 +28546,51 @@ Opportunity Commission, involving a finding of discrimination (including retaliation) in violation of a provision of law covered by paragraph (1) or (2) of section 201(a), as applicable, the applicable Federal agency shall submit to the Commission a report stating-- - ``(1) whether disciplinary action has been proposed against - a Federal employee as a result of the violation; and - ``(2) the reasons for any disciplinary action proposed - under paragraph (1).''. - -SEC. 1125. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES. - + ``(1) whether disciplinary action has been proposed against a + Federal employee as a result of the violation; and + ``(2) the reasons for any disciplinary action proposed under + paragraph (1).''. +SEC. 1135. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES. Section 301(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended-- - (1) in paragraph (9)-- - (A) in subparagraph (A), by striking ``and'' at the - end; - (B) in subparagraph (B)(ii), by striking the period - at the end and inserting ``, and''; and - (C) by adding at the end the following: - ``(C) with respect to each finding described in - subparagraph (A)-- - ``(i) the date of the finding, - ``(ii) the affected Federal agency, - ``(iii) the law violated, and - ``(iv) whether a decision has been made - regarding disciplinary action as a result of - the finding.''; and - (2) by adding at the end the following: - ``(11) Data regarding each class action complaint filed - against the agency alleging discrimination (including - retaliation), including-- - ``(A) information regarding the date on which each - complaint was filed, - ``(B) a general summary of the allegations alleged - in the complaint, - ``(C) an estimate of the total number of plaintiffs - joined in the complaint, if known, - ``(D) the current status of the complaint, - including whether the class has been certified, and - ``(E) the case numbers for the civil actions in - which discrimination (including retaliation) has been - found.''. - -SEC. 1126. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY - COMMISSION. - + (1) in paragraph (9)-- + (A) in subparagraph (A), by striking ``and'' at the end; + (B) in subparagraph (B)(ii), by striking the period at the + end and inserting ``, and''; and + (C) by adding at the end the following: + ``(C) with respect to each finding described in + subparagraph (A)-- + ``(i) the date of the finding, + ``(ii) the affected Federal agency, + ``(iii) the law violated, and + ``(iv) whether a decision has been made regarding + disciplinary action as a result of the finding.''; and + (2) by adding at the end the following: + ``(11) Data regarding each class action complaint filed against + the agency alleging discrimination (including retaliation), + including-- + ``(A) information regarding the date on which each + complaint was filed, + ``(B) a general summary of the allegations alleged in the + complaint, + ``(C) an estimate of the total number of plaintiffs joined + in the complaint, if known, + ``(D) the current status of the complaint, including + whether the class has been certified, and + ``(E) the case numbers for the civil actions in which + discrimination (including retaliation) has been found.''. +SEC. 1136. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY +COMMISSION. Section 302(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by striking ``(10)'' and inserting ``(11)''. - -SEC. 1127. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND - RETALIATION ACT OF 2002 AMENDMENTS. - +SEC. 1137. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND +RETALIATION ACT OF 2002 AMENDMENTS. (a) Notification Requirements.--Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following: - -``SEC. 207. COMPLAINT TRACKING. - + ``SEC. 207. COMPLAINT TRACKING. ``Not later than 1 year after the date of enactment of the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020, each Federal agency shall establish a system to track each complaint of @@ -24825,9 +28600,7 @@ process from the filing of a complaint with the Federal agency to resolution of the complaint, including whether a decision has been made regarding disciplinary action as the result of a finding of discrimination. - -``SEC. 208. NOTATION IN PERSONNEL RECORD. - + ``SEC. 208. NOTATION IN PERSONNEL RECORD. ``If a Federal agency takes an adverse action covered under section 7512 of title 5, United States Code, against a Federal employee for an act of discrimination (including retaliation) prohibited by a provision @@ -24841,60 +28614,50 @@ amended by adding at the end the following: ``TITLE IV--PROCESSING AND REFERRAL -``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS. - + ``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS. ``Each Federal agency shall-- - ``(1) be responsible for the fair and impartial processing - and resolution of complaints of employment discrimination - (including retaliation) prohibited by a provision of law - covered by paragraph (1) or (2) of section 201(a); and - ``(2) establish a model Equal Employment Opportunity - Program that-- - ``(A) is not under the control, either structurally - or practically, of the agency's Office of Human Capital - or Office of the General Counsel (or the equivalent); - ``(B) is devoid of internal conflicts of interest - and ensures fairness and inclusiveness within the - agency; and - ``(C) ensures the efficient and fair resolution of - complaints alleging discrimination (including - retaliation). - -``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL. - + ``(1) be responsible for the fair and impartial processing and + resolution of complaints of employment discrimination (including + retaliation) prohibited by a provision of law covered by paragraph + (1) or (2) of section 201(a); and + ``(2) establish a model Equal Employment Opportunity Program + that-- + ``(A) is not under the control, either structurally or + practically, of the agency's Office of Human Capital or Office + of the General Counsel (or the equivalent); + ``(B) is devoid of internal conflicts of interest and + ensures fairness and inclusiveness within the agency; and + ``(C) ensures the efficient and fair resolution of + complaints alleging discrimination (including retaliation). + ``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL. ``Nothing in this title shall prevent a Federal agency or a subcomponent of a Federal agency, or the Department of Justice, from providing advice or counsel to employees of that agency (or subcomponent, as applicable) in the resolution of a complaint. - -``SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY. - + ``SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY. ``The head of each Federal agency's Equal Employment Opportunity Program shall report directly to the head of the agency. - -``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION. - + ``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION. ``(a) EEOC Findings of Discrimination.-- - ``(1) In general.--Not later than 30 days after the date on - which the Equal Employment Opportunity Commission (referred to - in this section as the `Commission') receives, or should have - received, a Federal agency report required under section - 203(c), the Commission may refer the matter to which the report - relates to the Office of Special Counsel if the Commission - determines that the Federal agency did not take appropriate - action with respect to the finding that is the subject of the - report. - ``(2) Notifications.--The Commission shall-- - ``(A) notify the applicable Federal agency if the - Commission refers a matter to the Office of Special - Counsel under paragraph (1); and - ``(B) with respect to a fiscal year, include in the - Annual Report of the Federal Workforce of the - Commission covering that fiscal year-- - ``(i) the number of referrals made under - paragraph (1) during that fiscal year; and - ``(ii) a brief summary of each referral - described in clause (i). + ``(1) In general.--Not later than 30 days after the date on + which the Equal Employment Opportunity Commission (referred to in + this section as the `Commission') receives, or should have + received, a Federal agency report required under section 203(c), + the Commission may refer the matter to which the report relates to + the Office of Special Counsel if the Commission determines that the + Federal agency did not take appropriate action with respect to the + finding that is the subject of the report. + ``(2) Notifications.--The Commission shall-- + ``(A) notify the applicable Federal agency if the + Commission refers a matter to the Office of Special Counsel + under paragraph (1); and + ``(B) with respect to a fiscal year, include in the Annual + Report of the Federal Workforce of the Commission covering that + fiscal year-- + ``(i) the number of referrals made under paragraph (1) + during that fiscal year; and + ``(ii) a brief summary of each referral described in + clause (i). ``(b) Referrals to Special Counsel.--The Office of Special Counsel shall accept and review a referral from the Commission under subsection (a)(1) for purposes of pursuing disciplinary action under the authority @@ -24902,11 +28665,11 @@ of the Office against a Federal employee who commits an act of discrimination (including retaliation). ``(c) Notification.--The Office of Special Counsel shall notify the Commission and the applicable Federal agency in a case in which-- - ``(1) the Office of Special Counsel pursues disciplinary - action under subsection (b); and - ``(2) the Federal agency imposes some form of disciplinary - action against a Federal employee who commits an act of - discrimination (including retaliation). + ``(1) the Office of Special Counsel pursues disciplinary action + under subsection (b); and + ``(2) the Federal agency imposes some form of disciplinary + action against a Federal employee who commits an act of + discrimination (including retaliation). ``(d) Special Counsel Approval.--A Federal agency may not take disciplinary action against a Federal employee for an alleged act of discrimination (including retaliation) referred by the Commission under @@ -24915,1268 +28678,1503 @@ this section, except in accordance with the requirements of section (c) Conforming Amendments.--The table of contents in section 1(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended-- - (1) by inserting after the item relating to section 206 the - following: + (1) by inserting after the item relating to section 206 the + following: ``Sec. 207. Complaint tracking. ``Sec. 208. Notation in personnel record.''; and - (2) by adding at the end the following: - ``TITLE IV--PROCESSING AND REFERRAL + (2) by adding at the end the following: + + ``TITLE IV--PROCESSING AND REFERRAL ``Sec. 401. Processing and resolution of complaints. ``Sec. 402. No limitation on advice or counsel. ``Sec. 403. Head of Program supervised by head of agency. ``Sec. 404. Referrals of findings of discrimination.''. - -SEC. 1128. NONDISCLOSURE AGREEMENT LIMITATION. - +SEC. 1138. NONDISCLOSURE AGREEMENT LIMITATION. Section 2302(b)(13) of title 5, United States Code, is amended-- - (1) by striking ``agreement does not'' and inserting the - following: ``agreement-- - ``(A) does not''; - (2) in subparagraph (A), as so designated, by inserting - ``or the Office of Special Counsel'' after ``Inspector - General''; and - (3) by adding at the end the following: - ``(B) prohibits or restricts an employee or - applicant for employment from disclosing to Congress, - the Special Counsel, the Inspector General of an - agency, or any other agency component responsible for - internal investigation or review any information that - relates to any violation of any law, rule, or - regulation, or mismanagement, a gross waste of funds, - an abuse of authority, or a substantial and specific - danger to public health or safety, or any other - whistleblower protection; or''. - - Subtitle C--Office of the National Cyber Director + (1) by striking ``agreement does not'' and inserting the + following: ``agreement-- + ``(A) does not''; + (2) in subparagraph (A), as so designated, by inserting ``or + the Office of Special Counsel'' after ``Inspector General''; and + (3) by adding at the end the following: + ``(B) prohibits or restricts an employee or applicant for + employment from disclosing to Congress, the Special Counsel, + the Inspector General of an agency, or any other agency + component responsible for internal investigation or review any + information that relates to any violation of any law, rule, or + regulation, or mismanagement, a gross waste of funds, an abuse + of authority, or a substantial and specific danger to public + health or safety, or any other whistleblower protection; or''. -SEC. 1131. SHORT TITLE. + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS - This subtitle may be cited as the ``National Cyber Director Act''. + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS -SEC. 1132. NATIONAL CYBER DIRECTOR. + Subtitle A--Assistance and Training + +Sec. 1201. Authority to build capacity for additional operations. +Sec. 1202. Participation in European program on multilateral exchange of + surface transportation services. +Sec. 1203. Participation in programs relating to coordination or + exchange of air refueling and air transportation services. +Sec. 1204. Reciprocal patient movement agreements. +Sec. 1205. Modification to the Inter-European Air Forces Academy. +Sec. 1206. Modification of authority for participation in multinational + centers of excellence. +Sec. 1207. Modification and extension of support of special operations + for irregular warfare. +Sec. 1208. Extension of authority to transfer excess high mobility + multipurpose wheeled vehicles to foreign countries. +Sec. 1209. Modification and extension of update of Department of Defense + Freedom of Navigation Report. +Sec. 1210. Extension and modification of authority to support border + security operations of certain foreign countries. +Sec. 1210A. Extension of Department of Defense support for stabilization + activities in national security interest of the United States. +Sec. 1210B. Extension of report on workforce development. +Sec. 1210C. Plan to increase participation in international military + education and training programs. +Sec. 1210D. Mitigation and prevention of atrocities in high-risk + countries. +Sec. 1210E. Implementation of the Women, Peace, and Security Act of + 2017. - (a) Establishment.--There is established, within the Executive -Office of the President, the Office of the National Cyber Director (in -this section referred to as the ``Office''). - (b) National Cyber Director.-- - (1) In general.--The Office shall be headed by the National - Cyber Director (in this section referred to as the - ``Director'') who shall be appointed by the President, by and - with the advice and consent of the Senate. The Director shall - hold office at the pleasure of the President, and shall be - entitled to receive the same pay and allowances as are provided - for level I of the Executive Schedule under section 5312 of - title 5, United States Code. - (2) Deputy directors.--There shall be two Deputy National - Cyber Directors, to be appointed by the President, who shall - hold office at the pleasure of the President, and who shall - report to the Director, as follows: - (A) The Deputy National Cyber Director for - Strategy, Capabilities, and Budget. - (B) The Deputy National Cyber Director for Plans - and Operations. - (c) Duties of the National Cyber Director.-- - (1) In general.--Subject to the authority, direction, and - control of the President, the Director shall-- - (A) serve as the principal advisor to the President - on cybersecurity strategy and policy; - (B) in consultation with appropriate Federal - departments and agencies, develop the United States' - National Cyber Strategy, which shall include elements - related to Federal departments and agencies-- - (i) information security; and - (ii) programs and policies intended to - improve the United States' cybersecurity - posture; - (C) in consultation with appropriate Federal - departments and agencies and upon approval of the - National Cyber Strategy by the President, supervise - implementation of the strategy by-- - (i) in consultation with the Director of - the Office of Management and Budget, monitoring - and assessing the effectiveness, including - cost-effectiveness, of Federal departments and - agencies' implementation of the strategy; - (ii) making recommendations relevant to - changes in the organization, personnel and - resource allocation, and policies of Federal - departments and agencies to the Director of the - Office of Management and Budget and heads of - such departments and agencies in order to - implement the strategy; - (iii) reviewing the annual budget proposal - for each Federal department or agency and - certifying to the head of each Federal - department or agency and the Director of the - Office Management and Budget whether the - department or agency proposal is consistent - with the strategy; - (iv) continuously assessing and making - relevant recommendations to the President on - the appropriate level of integration and - interoperability across the Federal - cybersecurity operations centers; - (v) coordinating with the Federal Chief - Information Officer, the Federal Chief - Information Security Officer, the Director of - the Cybersecurity and Infrastructure Security - Agency, and the Director of National Institute - of Standards and Technology on the development - and implementation of policies and guidelines - related to issues of Federal department and - agency information security; and - (vi) reporting annually to the President - and the Congress on the state of the United - States' cybersecurity posture, the - effectiveness of the strategy, and the status - of Federal departments and agencies' - implementation of the strategy; - (D) lead joint interagency planning for the Federal - Government's integrated response to cyberattacks and - cyber campaigns of significant consequence, to - include-- - (i) coordinating with relevant Federal - departments and agencies in the development of, - for the approval of the President, joint, - integrated operational plans, processes, and - playbooks for incident response that feature-- - (I) clear lines of authority and - lines of effort across the Federal - Government; - (II) authorities that have been - delegated to an appropriate level to - facilitate effective operational - responses across the Federal - Government; and - (III) support for the integration - of defensive cyber plans and - capabilities with offensive cyber plans - and capabilities in a manner consistent - with improving the United States' - cybersecurity posture; - (ii) exercising these operational plans, - processes, and playbooks; - (iii) updating these operational plans, - processes, and playbooks for incident response - as needed in coordination with ongoing - offensive cyber plans and operations; and - (iv) ensuring these plans, processes, and - playbooks are properly coordinated with - relevant private sector entities, as - appropriate; - (E) direct the Federal Government's response to - cyberattacks and cyber campaigns of significant - consequence, to include-- - (i) developing for the approval of the - President, with the heads of relevant Federal - departments and agencies independently or - through the National Security Council as - directed by the President, operational - priorities, requirements, and tasks; - (ii) coordinating, deconflicting, and - ensuring the execution of operational - activities in incident response; and - (iii) coordinating operational activities - with relevant private sector entities; - (F) coordinate and consult with private sector - leaders on cybersecurity and emerging technology issues - with the support of, and in coordination with, the - Cybersecurity and Infrastructure Security Agency and - other Federal departments and agencies, as appropriate; - (G) annually report to Congress on cybersecurity - threats and issues facing the nation, including any new - or emerging technologies that may impact national - security, economic prosperity, or enforcing the rule of - law; and - (H) be responsible for such other functions as the - President may direct. - (2) Delegation of authority.--The Director may-- - (A) serve as the senior representative on any body - that the President may establish for the purpose of - providing the President advice on cybersecurity; - (B) be empowered to convene National Security - Council, National Economic Council and Homeland - Security Council meetings, with the concurrence of the - National Security Advisor, Homeland Security Advisor, - or Director of the National Economic Council, as - appropriate; - (C) be included as a participant in preparations - for and, if appropriate, execution of cybersecurity - summits and other international meetings at which - cybersecurity is a major topic; - (D) delegate any of the Director's functions, - powers, and duties to such officers and employees of - the Office as he may designate; and - (E) authorize such successive re-delegations of - such functions, powers, and duties to such officers and - employees of the Office as he may deem appropriate. - (d) Attendance and Participation in National Security Council -Meetings.--Section 101(c)(2) of the National Security Act of 1947 (50 -U.S.C. 3021(c)(2)) is amended by striking ``and the Chairman of the -Joint Chiefs of Staff'' and inserting ``the Chairman of the Joint -Chiefs of Staff, and the National Cyber Director''. - (e) Powers of the Director.--The Director may, for the purposes of -carrying out the Director's functions under this section-- - (1) subject to the civil service and classification laws, - select, appoint, employ, and fix the compensation of such - officers and employees as are necessary and prescribe their - authority and duties, except that not more than 75 individuals - may be employed without regard to any provision of law - regulating the employment or compensation at rates not to - exceed the basic rate of basic pay payable for level IV of the - Executive Schedule under section 5315 of title 5, United States - Code; - (2) employ experts and consultants in accordance with - section 3109 of title 5, United States Code, and compensate - individuals so employed for each day (including travel time) at - rates not in excess of the maximum rate of basic pay for grade - GS-15 as provided in section 5332 of such title, and while such - experts and consultants are so serving away from their homes or - regular place of business, to pay such employees travel - expenses and per diem in lieu of subsistence at rates - authorized by section 5703 of such title 5 for persons in - Federal Government service employed intermittently; - (3) promulgate such rules and regulations as may be - necessary to carry out the functions, powers, and duties vested - in the Director; - (4) utilize, with their consent, the services, personnel, - and facilities of other Federal agencies; - (5) enter into and perform such contracts, leases, - cooperative agreements, or other transactions as may be - necessary in the conduct of the work of the Office and on such - terms as the Director may determine appropriate, with any - Federal agency, or with any public or private person or entity; - (6) accept voluntary and uncompensated services, - notwithstanding the provisions of section 1342 of title 31, - United States Code; - (7) adopt an official seal, which shall be judicially - noticed; and - (8) provide, where authorized by law, copies of documents - to persons at cost, except that any funds so received shall be - credited to, and be available for use from, the account from - which expenditures relating thereto were made. - (f) Definitions.--In this section: - (1) Cybersecurity posture.--The term ``cybersecurity - posture'' means the ability to identify and protect, and - detect, respond to and recover from intrusions in, information - systems the compromise of which could constitute a cyber attack - or cyber campaign of significant consequence. - (2) Cyber attacks and cyber campaigns of significant - consequence.--The term ``cyber attacks and cyber campaigns of - significant consequence'' means an incident or series of - incidents that have the purpose or effect of-- - (A) causing a significant disruption to the - availability of a Federal information system; - (B) harming, or otherwise significantly - compromising the provision of service by, a computer or - network of computers that support one or more entities - in a critical infrastructure sector; - (C) significantly compromising the provision of - services by one or more entities in a critical - infrastructure sector; - (D) causing a significant misappropriation of funds - or economic resources, trade secrets, personal - identifiers, or financial information for commercial or - competitive advantage or private financial gain; or - (E) otherwise constituting a significant threat to - the national security, foreign policy, or economic - health or financial stability of the United States. - (3) Incident.--The term ``incident'' has the meaning given - that term in section 3552 of title 44, United States Code. - (4) Information security.--The term ``information - security'' has the meaning given that term in section 3552 of - title 44, United States Code. + Subtitle B--Matters Relating to Afghanistan and Pakistan - TITLE XII--MATTERS RELATING TO FOREIGN NATIONS +Sec. 1211. Extension and modification of authority for reimbursement of + certain coalition nations for support provided to United + States military operations. +Sec. 1212. Extension of the Afghan Special Immigrant Visa Program. +Sec. 1213. Extension and modification of support for reconciliation + activities led by the Government of Afghanistan. +Sec. 1214. Extension and modification of Commanders' Emergency Response + Program. +Sec. 1215. Limitation on use of funds to reduce deployment to + Afghanistan. +Sec. 1216. Modifications to immunity from seizure under judicial process + of cultural objects. +Sec. 1217. Congressional oversight of United States talks with Taliban + officials and Afghanistan's comprehensive peace process. +Sec. 1218. Strategy for post-conflict engagement on human rights in + Afghanistan. +Sec. 1219. Modification to report on enhancing security and stability in + Afghanistan. +Sec. 1220. Report on Operation Freedom's Sentinel. + + Subtitle C--Matters Relating to Syria, Iraq, and Iran + +Sec. 1221. Extension and modification of authority to provide assistance + to counter the Islamic State of Iraq and Syria. +Sec. 1222. Extension and modification of authority to provide assistance + to vetted Syrian groups and individuals. +Sec. 1223. Extension and modification of authority to support operations + and activities of the Office of Security Cooperation in Iraq. +Sec. 1224. Prohibition on provision of weapons and other forms of + support to certain organizations. +Sec. 1225. Report and budget details regarding Operation Spartan Shield. - Subtitle A--Assistance and Training + Subtitle D--Matters Relating to Russia -SEC. 1201. MODIFICATION AND EXTENSION OF SUPPORT OF SPECIAL OPERATIONS - FOR IRREGULAR WARFARE. +Sec. 1231. Extension of limitation on military cooperation between the + United States and the Russian Federation. +Sec. 1232. Matters relating to United States participation in the Open + Skies Treaty. +Sec. 1233. Prohibition on availability of funds relating to sovereignty + of the Russian Federation over Crimea. +Sec. 1234. Annual report on military and security developments involving + the Russian Federation. +Sec. 1235. Modification and extension of Ukraine Security Assistance + Initiative. +Sec. 1236. Report on capability and capacity requirements of military + forces of Ukraine and resource plan for security assistance. +Sec. 1237. Report on Russian Federation support of racially and + ethnically motivated violent extremists. +Sec. 1238. Authorization of rewards for providing information on foreign + election interference. + + Subtitle E--Matters Relating to Europe and NATO + +Sec. 1241. Determination and imposition of sanctions with respect to + Turkey's acquisition of the S-400 air defense system. +Sec. 1242. Clarification and expansion of sanctions relating to + construction of Nord Stream 2 or TurkStream pipeline projects. +Sec. 1243. Extension of authority for training for Eastern European + national security forces in the course of multilateral + exercises. +Sec. 1244. Sense of Congress on support for the North Atlantic Treaty + Organization. +Sec. 1245. Limitation on United States force structure reductions in + Germany. +Sec. 1246. Report on United States military force posture in + Southeastern Europe. +Sec. 1247. Sense of Congress on support for coordinated action to ensure + the security of Baltic allies. +Sec. 1248. Sense of Congress on the role of the Kosovo Force of the + North Atlantic Treaty Organization. + + Subtitle F--Matters Relating to the Indo-Pacific Region + +Sec. 1251. Pacific Deterrence Initiative. +Sec. 1252. Extension and modification of prohibition on commercial + export of certain covered munitions items to the Hong Kong + Police Force. +Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup. +Sec. 1254. Cooperative program with Vietnam to account for Vietnamese + personnel missing in action. +Sec. 1255. Sense of Congress on the United States-Vietnam defense + relationship. +Sec. 1256. Pilot program to improve cyber cooperation with Vietnam, + Thailand, and Indonesia. +Sec. 1257. Report on the costs most directly associated with the + stationing of the Armed Forces in Japan. +Sec. 1258. Limitation on use of funds to reduce the total number of + members of the Armed Forces serving on active duty who are + deployed to South Korea. +Sec. 1259. Implementation of GAO recommendations on preparedness of + United States forces to counter North Korean chemical and + biological weapons. +Sec. 1260. Statement of policy and sense of Congress on the Taiwan + Relations Act. +Sec. 1260A. Annual briefing on Taiwan arms sales. +Sec. 1260B. Report on United States-Taiwan medical security partnership. +Sec. 1260C. Establishment of capabilities to assess the defense + technological and industrial bases of China and other foreign + adversaries. +Sec. 1260D. Extension of annual report on military and security + developments involving the People's Republic of China. +Sec. 1260E. Sense of Congress on the aggression of the Government of + China along the border with India and its growing territorial + claims. +Sec. 1260F. Assessment of National Cyber Strategy to deter China from + engaging in industrial espionage and cyber theft. +Sec. 1260G. Report on United Front Work Department. +Sec. 1260H. Public reporting of Chinese military companies operating in + the United States. +Sec. 1260I. Report on directed use of fishing fleets. + + Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal + Transparency Act of 2020 - (a) Authority.--Subsection (a) of section 1202 of the National -Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 -Stat. 1639) is amended-- - (1) by striking ``$10,000,000'' and inserting - ``$15,000,000''; and - (2) by striking ``2023'' and inserting ``2025''. - (b) Notification.--Subsection (d)(2) of such section is amended-- - (1) by redesignating subparagraph (E) as subparagraph (G); - (2) by inserting after subparagraph (D) the following: - ``(E) A description of steps taken to ensure the - support is consistent with other United States - diplomatic and security interests, including issues - related to local political dynamics, civil-military - relations, and human rights. - ``(F) A description of steps taken to ensure that - the recipients of the support have not and will not - engage in human rights violations or violations of the - Geneva Conventions of 1949, including vetting, - training, and support for adequately investigating - allegations of violations and removing support in case - of credible reports of violations.''; and - (3) in clause (i) of subparagraph (G), as redesignated, to - read as follows: - ``(i) An introduction of United States - Armed Forces (including as such term is defined - in section 8(c) of the War Powers Resolution - (50 U.S.C. 1547(c))) into hostilities, or into - situations where hostilities are clearly - indicated by the circumstances, without - specific statutory authorization within the - meaning of section 5(b) of such Resolution (50 - U.S.C. 1544(b)).''. - (c) Construction of Authority.--Subsection (f)(2) of such section -is amended by striking ``of section 5(b)''. - (d) Clarification.--Such section, as so amended, is further -amended-- - (1) by redesignating subsections (g), (h), and (i) as - subsections (h), (i), and (j), respectively; and - (2) by inserting after subsection (f) the following: - ``(g) Clarification.--The provision of support to foreign forces, -irregular forces, groups, or individuals pursuant to subsection (a) -constitutes support to a unit of a foreign security force for purposes -of section 362 of title 10, United States Code.''. +Sec. 1261. Short title. +Sec. 1262. Definitions. +Sec. 1263. Statement of policy. +Sec. 1264. Support for democratic governance, rule of law, human rights, + and fundamental freedoms. +Sec. 1265. Support for development programs. +Sec. 1266. Support for conflict mitigation. +Sec. 1267. Support for accountability for war crimes, crimes against + humanity, and genocide in Sudan. +Sec. 1268. Suspension of assistance. +Sec. 1269. Multilateral assistance. +Sec. 1270. Coordinated support to recover assets stolen from the + Sudanese people. +Sec. 1270A. Limitation on assistance to the Sudanese security and + intelligence services. +Sec. 1270B. Reports. +Sec. 1270C. United States strategy for support to a civilian-led + government in Sudan. +Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of + 2006. +Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in + Sudan Act. + + Subtitle H--United States Israel Security Assistance Authorization Act + of 2020 + +Sec. 1271. Short title. +Sec. 1272. Sense of Congress on United States-Israel relationship. +Sec. 1273. Security assistance for Israel. +Sec. 1274. Extension of war reserves stockpile authority. +Sec. 1275. Rules governing the transfer of precision-guided munitions to + Israel above the annual restriction. +Sec. 1276. Eligibility of Israel for the strategic trade authorization + exception to certain export control licensing requirements. +Sec. 1277. United States Agency for International Development memoranda + of understanding to enhance cooperation with Israel. +Sec. 1278. Cooperative projects among the United States, Israel, and + developing countries. +Sec. 1279. Joint cooperative program related to innovation and high-tech + for the Middle East region. +Sec. 1280. Cooperation on directed energy capabilities. +Sec. 1280A. Other matters of cooperation. +Sec. 1280B. Appropriate congressional committees defined. + + Subtitle I--Global Child Thrive Act of 2020 + +Sec. 1281. Short title. +Sec. 1282. Sense of Congress. +Sec. 1283. Assistance to improve early childhood outcomes globally. +Sec. 1284. Special advisor for assistance to orphans and vulnerable + children. +Sec. 1285. Rule of construction. + + Subtitle J--Matters Relating to Africa and the Middle East + +Sec. 1291. Briefing and report relating to reduction in the total number + of United States Armed Forces deployed to United States Africa + Command area of responsibility. +Sec. 1292. Notification with respect to withdrawal of members of the + Armed Forces participating in the Multinational Force and + Observers in Egypt. +Sec. 1293. Report on enhancing security partnerships between the United + States and African countries. +Sec. 1294. Plan to address gross violations of human rights and civilian + harm in Burkina Faso, Chad, Mali, and Niger. +Sec. 1295. Statement of policy and report relating to the conflict in + Yemen. +Sec. 1296. Report on United States military support of the Saudi-led + coalition in Yemen. +Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to + United States medical institutions. + + Subtitle K--Other Matters + +Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic + of the Marshall Islands. +Sec. 1299B. Report on contributions received from designated countries. +Sec. 1299C. Modification to initiative to support protection of national + security academic researchers from undue influence and other + security threats. +Sec. 1299D. Extension of authorization of non-conventional assisted + recovery capabilities. +Sec. 1299E. Annual briefings on certain foreign military bases of + adversaries. +Sec. 1299F. Countering white identity terrorism globally. +Sec. 1299G. Report on progress of the Department of Defense with respect + to denying the strategic goals of a competitor against a + covered defense partner. +Sec. 1299H. Comparative studies on defense budget transparency of the + People's Republic of China, the Russian Federation, and the + United States. +Sec. 1299I. Assessment of weapons of mass destruction terrorism. +Sec. 1299J. Review of Department of Defense compliance with ``Principles + Related to the Protection of Medical Care Provided by + Impartial Humanitarian Organizations During Armed Conflicts''. +Sec. 1299K. Certification relating to assistance for Guatemala. +Sec. 1299L. Functional Center for Security Studies in Irregular Warfare. +Sec. 1299M. United States-Israel operations-technology cooperation + within the United States-Israel Defense Acquisition Advisory + Group. +Sec. 1299N. Payment of passport fees for certain individuals. +Sec. 1299O. Resumption of Peace Corps operations. +Sec. 1299P. Establishment of the Open Technology Fund. +Sec. 1299Q. United States Agency for Global Media. +Sec. 1299R. Leveraging information on foreign traffickers. +Sec. 1299S. Rule of construction relating to use of military force. -SEC. 1202. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN PROGRAM ON - MULTILATERAL EXCHANGE OF SURFACE TRANSPORTATION SERVICES. + Subtitle A--Assistance and Training +SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDITIONAL OPERATIONS. + Section 333(a) of title 10, United States Code, is amended-- + (1) by redesignating paragraph (7) as paragraph (8); + (2) by inserting after paragraph (6) the following new + paragraph (7): + ``(7) Air domain awareness operations.''; and + (3) by adding at the end the following new paragraph: + ``(9) Cyberspace security and defensive cyberspace + operations.''. +SEC. 1202. PARTICIPATION IN EUROPEAN PROGRAM ON MULTILATERAL EXCHANGE +OF SURFACE TRANSPORTATION SERVICES. (a) In General.--Subchapter II of chapter 138 of title 10, United -States Code, is amended by adding at the end the following: -``Sec. 2350o. Participation in European Program on Multilateral - Exchange of Surface Transportation Services - ``(a) Participation Authorized.--(1) The Secretary of Defense may, -with the concurrence of the Secretary of State, authorize the -participation of the United States in the Surface Exchange of Services -program (in this section referred to as the `SEOS program') of the -Movement Coordination Centre Europe. - ``(2) Participation in the SEOS program under paragraph (1) may -include-- +States Code, is amended by inserting after section 2350l the following +new section 2350m: +``Sec. 2350m. Participation in European program on multilateral + exchange of surface transportation services + ``(a) Participation Authorized.-- + ``(1) In general.--The Secretary of Defense, with the + concurrence of the Secretary of State, may authorize the + participation of the Department of Defense in the Surface Exchange + of Services program (in this section referred to as the `SEOS + program') of the Movement Coordination Centre Europe. + ``(2) Scope of participation.--Participation of the Department + of Defense in the SEOS program under paragraph (1) may include-- ``(A) the reciprocal exchange or transfer of surface transportation on a reimbursable basis or by replacement-in- - kind; or - ``(B) the exchange of surface transportation services of + kind; and + ``(B) the exchange of surface transportation services of an equal value. - ``(b) Written Arrangements or Agreements.--(1) The participation of -the United States in the SEOS program under subsection (a) shall be in -accordance with a written arrangement or agreement entered into by the -Secretary of Defense, with the concurrence of the Secretary of State, -and the Movement Coordination Centre Europe. - ``(2) If facilities, equipment, or funds of the Department of -Defense are used to support the SEOS program, the written arrangement -or agreement entered into under paragraph (1) shall specify the details -of any equitable cost sharing or other funding arrangement. - ``(3) Any written arrangement or agreement entered into under -paragraph (1) shall require that any accrued credits and liabilities -resulting from an unequal exchange or transfer of surface -transportation services shall be liquidated, not less than once every -five years, through the SEOS program. + ``(b) Written Arrangement or Agreement.-- + ``(1) In general.--Participation of the Department of Defense + in the SEOS program shall be in accordance with a written + arrangement or agreement entered into by the Secretary of Defense, + with the concurrence of the Secretary of State, and the Movement + Coordination Centre Europe. + ``(2) Notification.--The Secretary of Defense shall provide to + the congressional defense committees notification of any + arrangement or agreement entered into under paragraph (1). + ``(3) Funding arrangements.--If Department of Defense + facilities, equipment, or funds are used to support the SEOS + program, the written arrangement or agreement under paragraph (1) + shall specify the details of any equitable cost-sharing or other + funding arrangement. + ``(4) Other elements.--Any written arrangement or agreement + entered into under paragraph (1) shall require that any accrued + credits or liability resulting from an unequal exchange or transfer + of surface transportation services shall be liquidated through the + SEOS program not less than once every five years. ``(c) Implementation.--In carrying out any arrangement or agreement -entered into under subsection (b)(1), the Secretary of Defense may-- - ``(1) from funds available to the Department of Defense for - operation and maintenance, pay the equitable share of the - United States for the operating expenses of the Movement - Coordination Centre Europe and the SEOS program; and - ``(2) assign members of the armed forces or civilian - personnel of the Department of Defense, from among members and - personnel within billets authorized for the United States - European Command, to duty at the Movement Coordination Centre - Europe as necessary to fulfill the obligations of the United - States under that arrangement or agreement. - ``(d) Crediting of Receipts.--Any amount received by the United -States as part of the SEOS program shall be credited, at the option of -the Secretary of Defense, to-- - ``(1) the appropriation, fund, or account used in incurring - the obligation for which such amount is received; or - ``(2) an appropriate appropriation, fund, or account - currently available for the purposes for which the expenditures - were made. - ``(e) Expiration.--The authority provided by this section to -participate in the SEOS program shall expire five years after the date -on which the Secretary of Defense first enters into a written -arrangement or agreement under subsection (b). The Secretary shall -publish notice of such date on a public website of the Department of -Defense. +entered into under subsection (b), the Secretary of Defense may-- + ``(1) pay the equitable share of the Department of Defense for + the operating expenses of the Movement Coordination Centre Europe + and the SEOS program from funds available to the Department of + Defense for operation and maintenance; and + ``(2) assign members of the armed forces or Department of + Defense civilian personnel, within billets authorized for the + United States European Command, to duty at the Movement + Coordination Centre Europe as necessary to fulfill Department of + Defense obligations under that arrangement or agreement. + ``(d) Crediting of Receipts.--Any amount received by the Department +of Defense as part of the SEOS program shall be credited, at the option +of the Secretary of Defense, to-- + ``(1) the appropriation, fund, or account used in incurring the + obligation for which such amount is received; or + ``(2) an appropriate appropriation, fund, or account currently + available for the purposes for which the expenditures were made. + ``(e) Annual Report.-- + ``(1) In general.--Not later than 30 days after the end of each + fiscal year in which the authority under this section is in effect, + the Secretary of Defense shall submit to the congressional defense + committees a report on Department of Defense participation in the + SEOS program during such fiscal year. + ``(2) Elements.--Each report required by paragraph (1) shall + include the following: + ``(A) A description of the equitable share of the costs and + activities of the SEOS program paid by the Department of + Defense. + ``(B) A description of any amount received by the + Department of Defense as part of such program, including the + country from which the amount was received. ``(f) Limitation on Statutory Construction.--Nothing in this section may be construed to authorize the use of foreign sealift in -violation of section 2631 of this title.''. +violation of section 2631.''. (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by adding at the end the following new item: - -``2350o. Participation in European program on multilateral exchange of - surface transportation services.''. +such subchapter is amended by inserting after the item relating to +section 2350l the following new item: -SEC. 1203. EXTENSION OF AUTHORITY TO TRANSFER EXCESS HIGH MOBILITY - MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES. +``2350m. Participation in European program on multilateral exchange of + surface transportation services.''. +SEC. 1203. PARTICIPATION IN PROGRAMS RELATING TO COORDINATION OR +EXCHANGE OF AIR REFUELING AND AIR TRANSPORTATION SERVICES. + (a) In General.--Subchapter II of chapter 138 of title 10, United +States Code, as amended by section 1202, is further amended by adding +at the end the following new section: +``Sec. 2350o. Participation in programs relating to coordination or + exchange of air refueling and air transportation services + ``(a) Participation Authorized.-- + ``(1) In general.--The Secretary of Defense, with the + concurrence of the Secretary of State, may authorize the + participation of the Department of Defense in programs relating to + the coordination or exchange of air refueling and air + transportation services, including in the arrangement known as the + Air Transport and Air-to-Air Refueling and other Exchanges of + Services program (in this section referred to as the `ATARES + program'). + ``(2) Scope of participation.--Participation of the Department + of Defense in programs referred to in paragraph (1) may include-- + ``(A) the reciprocal exchange or transfer of air refueling + and air transportation services on a reimbursable basis or by + replacement-in-kind; and + ``(B) the exchange of air refueling and air transportation + services of an equal value. + ``(3) Limitations with respect to participation in atares + program.-- + ``(A) In general.--The Department of Defense balance of + executed flight hours in participation in the ATARES program + under paragraph (1), whether as credits or debits, may not + exceed a total of 500 hours. + ``(B) Air refueling.--The Department of Defense balance of + executed flight hours for air refueling in participation in the + ATARES program under paragraph (1) may not exceed 200 hours. + ``(b) Written Arrangement or Agreement.--Participation of the +Department of Defense in a program referred to in subsection (a)(1) +shall be in accordance with a written arrangement or agreement entered +into by the Secretary of Defense, with the concurrence of the Secretary +of State. + ``(c) Implementation.--In carrying out any arrangement or agreement +entered into under subsection (b), the Secretary of Defense may-- + ``(1) pay the equitable share of the Department of Defense for + the recurring and nonrecurring costs of the applicable program + referred to in subsection (a)(1) from funds available to the + Department for operation and maintenance; and + ``(2) assign members of the armed forces or Department of + Defense civilian personnel to fulfill Department obligations under + that arrangement or agreement.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter, as amended by section 1202, is further amended by +adding at the end the following new item: - Section 1276 of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 131 Stat. 1699) is amended-- - (1) in subsection (b)(2)-- - (A) in subparagraph(A), by adding at the end the - following: ``Such description may include, if - applicable, a description of the priority United States - security or defense cooperation interest with the - recipient country that is fulfilled by the waiver.''; - and - (B) by striking subparagraph (B) and inserting the - following: - ``(B) An explanation of why it is in the national - interests of the United States to make the transfer - notwithstanding the requirements of subsection - (a)(1).''; and - (2) in subsection (c)(2), by striking ``three'' and - inserting ``five''. +``2350o. Participation in programs relating to coordination or exchange + of air refueling and air transportation services.''. -SEC. 1204. MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT OF - DEFENSE FREEDOM OF NAVIGATION REPORT. + (c) Repeal.--Section 1276 of the National Defense Authorization Act +for Fiscal Year 2013 (10 U.S.C. 2350c note) is repealed. +SEC. 1204. RECIPROCAL PATIENT MOVEMENT AGREEMENTS. + (a) In General.--Subchapter II of chapter 138 of title 10, United +States Code, as amended by section 1203, is further amended by adding +at the end the following new section: +``Sec. 2350p. Reciprocal patient movement agreements + ``(a) Authority.--Subject to the availability of appropriations, +the Secretary of Defense, with the concurrence of the Secretary of +State, may enter into a bilateral or multilateral memorandum of +understanding or other formal agreement with one or more governments of +partner countries that provides for-- + ``(1) the interchangeable, nonreimbursable use of patient + movement personnel, either individually or as members of a patient + movement crew or team, and equipment, belonging to one partner + country to perform patient movement services aboard the aircraft, + vessels, or vehicles of another partner country; + ``(2) the reciprocal recognition and acceptance of -- + ``(A) national professional credentials, certifications, + and licenses of patient movement personnel; and + ``(B) national certifications, approvals, and licenses of + equipment used in the provision of patient movement services; + and + ``(3) the acceptance of agreed-upon standards for the provision + of patient movement services by aircraft, vessel, or vehicle, + including, as determined to be beneficial and otherwise permitted + by law, the harmonization of patient treatment standards and + procedures. + ``(b) Certification.--(1) Before entering into a memorandum of +understanding or other formal agreement with the government of a +partner country under this section, the Secretary of Defense shall +certify in writing that the professional credentials, certifications, +licenses, and approvals for patient movement personnel and patient +movement equipment of the partner country-- + ``(A) meet or exceed the equivalent standards of the United + States for similar personnel and equipment; and + ``(B) will provide for a level of care comparable to, or better + than, the level of care provided by the Department of Defense. + ``(2) A certification under paragraph (1) shall be-- + ``(A) submitted to the appropriate committees of Congress not + later than 15 days after the date on which the Secretary of Defense + makes the certification; and + ``(B) reviewed and recertified by the Secretary of Defense not + less frequently than annually. + ``(c) Suspension.--If the Secretary of Defense is unable to +recertify a partner country as required by subsection (b)(2)(B), use of +the personnel or equipment of the partner country by the Department of +Defense under a memorandum of understanding or other formal agreement +concluded pursuant to subsection (a) shall be suspended until the date +on which the Secretary of Defense is able to recertify the partner +country. + ``(d) Definitions.--In this section: + ``(1) Appropriate committees of congress.--The term + `appropriate committees of Congress' means-- + ``(A) the congressional defense committees; and + ``(B) the Committee on Foreign Relations of the Senate and + the Committee on Foreign Affairs of the House of + Representatives. + ``(2) Partner country.--The term `partner country' means any of + the following: + ``(A) A member country of the North Atlantic Treaty + Organization. + ``(B) Australia. + ``(C) Japan. + ``(D) New Zealand. + ``(E) The Republic of Korea. + ``(F) Any other country designated as a partner country by + the Secretary of Defense, with the concurrence of the Secretary + of State, for purposes of this section. + ``(3) Patient movement.--The term `patient movement' means the + act or process of moving wounded, ill, injured, or other persons + (including contaminated, contagious, and potentially exposed + patients) to obtain medical, surgical, mental health, or dental + care or treatment.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter, as amended by section 1203, is further amended by +adding at the end the following new item: + +``2350p. Reciprocal patient movement agreements.''. +SEC. 1205. MODIFICATION TO THE INTER-EUROPEAN AIR FORCES ACADEMY. + Section 350(b) of title 10, United States Code, is amended by +striking ``that are'' and all that follows through the period at the +end and inserting ``that are-- + ``(1) members of the North Atlantic Treaty Organization; + ``(2) signatories to the Partnership for Peace Framework + Documents; or + ``(3)(A) within the United States Africa Command area of + responsibility; and + ``(B) eligible for assistance under chapter 5 of part II of the + Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).''. +SEC. 1206. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN MULTINATIONAL +CENTERS OF EXCELLENCE. + (a) In General.--Section 344 of title 10, United States Code, is +amended-- + (1) in the section heading, by striking ``multinational + military centers of excellence'' and inserting ``multinational + centers of excellence''; + (2) by striking ``multinational military center of excellence'' + each place it appears and inserting ``multinational center of + excellence''; + (3) by striking ``multinational military centers of + excellence'' each place it appears and inserting ``multinational + centers of excellence''; + (4) in subsection (b)(1), by inserting ``or entered into by the + Secretary of State,'' after ``Secretary of State,''; + (5) in subsection (e)-- + (A) in the subsection heading, by striking ``Multinational + Military Center Of Excellence'' and inserting ``Multinational + Center Of Excellence''; + (B) by redesignating paragraphs (1) through (4) as + subparagraphs (A) through (D), respectively, and moving such + subparagraphs two ems to the right; + (C) in the matter preceding subparagraph (A), as so + redesignated, by striking ``means an entity'' and inserting + ``means-- + ``(1) an entity''; + (D) in subparagraph (C), as so redesignated, by striking + ``; and'' and inserting a semicolon; + (E) in subparagraph (D), as so redesignated, by striking + the period at the end and inserting ``; and''; and + (F) by adding at the end the following new paragraph: + ``(2) the European Centre of Excellence for Countering Hybrid + Threats, established in 2017 and located in Helsinki, Finland.''; + (6) by redesignating subsection (e) as subsection (f); and + (7) by inserting after subsection (d) the following new + subsection: + ``(e) Notification.--Not later than 30 days before the date on +which the Secretary of Defense authorizes participation under +subsection (a) in a new multinational center of excellence, the +Secretary shall notify the congressional defense committees of such +participation.''. + (b) Conforming Amendment.--Title 10, United States Code, is +amended, in the table of sections at the beginning of subchapter V of +chapter 16, by striking the item relating to section 344 and inserting +the following: - (a) In General.--Subsection (a) of section 1275 of the National +``344. Participation in multinational centers of excellence.''. +SEC. 1207. MODIFICATION AND EXTENSION OF SUPPORT OF SPECIAL OPERATIONS +FOR IRREGULAR WARFARE. + (a) Authority.--Subsection (a) of section 1202 of the National +Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 +Stat. 1639) is amended by striking ``$10,000,000'' and inserting +``$15,000,000''. + (b) Notification.--Subsection (d)(2) of such section is amended-- + (1) by redesignating subparagraph (E) as subparagraph (G); + (2) by inserting after subparagraph (D) the following: + ``(E) A description of steps taken to ensure the support is + consistent with other United States national security + interests, including issues related to human rights. + ``(F) A description of steps taken to ensure that the + recipients of the support have not engaged in human rights + violations, to include the conduct of periodic reviews as a + means to investigate allegations of violations and processes + and procedures to modify support in case of credible reports of + violations.''; and + (3) in clause (i) of subparagraph (G), as redesignated, to read + as follows: + ``(i) An introduction of United States Armed Forces + (including as such term is defined in section 8(c) of the + War Powers Resolution (50 U.S.C. 1547(c))) into + hostilities, or into situations where hostilities are + clearly indicated by the circumstances, without specific + statutory authorization within the meaning of section 5(b) + of such Resolution (50 U.S.C. 1544(b)).''. + (c) Construction of Authority.--Subsection (f)(2) of such section +is amended by striking ``of section 5(b)''. +SEC. 1208. EXTENSION OF AUTHORITY TO TRANSFER EXCESS HIGH MOBILITY +MULTIPURPOSE WHEELED VEHICLES TO FOREIGN COUNTRIES. + Section 1276 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1699) is amended-- + (1) in subsection (b)(2)-- + (A) in subparagraph (A), by adding at the end the following + new sentence: ``Such description may include, if applicable, a + description of the priority United States security or defense + cooperation interest with the recipient country that is + fulfilled by the waiver.''; and + (B) by striking subparagraph (B) and inserting the + following: + ``(B) An explanation of the reasons for which it is in the + national interest of the United States to make the transfer + notwithstanding the requirements of subsection (a)(1).''; + (2) by inserting after subsection (b)(2) the following new + paragraph: + ``(3) Delegation of authority.--The President may delegate the + waiver authority provided by this subsection to the Secretary of + Defense.''; and + (3) in subsection (c)(2), by striking ``three'' and inserting + ``four''. +SEC. 1209. MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT OF +DEFENSE FREEDOM OF NAVIGATION REPORT. + (a) Elements.--Subsection (b) of section 1275 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2540) is amended-- - (1) by striking ``an annual basis'' and inserting ``a - biannual basis''; and - (2) by striking ``the previous year'' and inserting ``the - previous 6 months''. - (b) Elements.--Subsection (b) of such section is amended-- - (1) in the matter preceding paragraph (1), by striking - ``the year'' and inserting ``the period''; - (2) in paragraph (1), by inserting ``the number of maritime - and overflight challenges to each such claim and'' before ``the - country''; - (3) in paragraph (5), by inserting ``have been protested by - the United States but'' before ``have not been challenged''; - and - (4) by adding at the end the following: - ``(6) A summary of each excessive maritime claim challenged - jointly with international partners and allies.''. - (c) Form.--Subsection (c) of such section is amended by adding at + (1) in paragraph (1), by inserting ``the number of maritime and + overflight challenges to each such claim and'' before ``the + country''; + (2) in paragraph (5), by inserting ``have been protested by the + United States but'' before ``have not been challenged''; and + (3) by adding at the end the following: + ``(6) A summary of each excessive maritime claim challenged + jointly with international partners and allies.''. + (b) Form.--Subsection (c) of such section is amended by adding at the end before the period the following: ``and made publicly available''. - (d) Sunset.--Subsection (d) of such section is amended by striking + (c) Sunset.--Subsection (d) of such section is amended by striking ``December 31, 2021'' and inserting ``December 31, 2025''. - (e) Conforming Amendment.--The heading of such section is amended -by striking ``annual'' and inserting ``biannual''. - -SEC. 1205. EXTENSION OF REPORT ON WORKFORCE DEVELOPMENT. - +SEC. 1210. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT BORDER +SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES. + (a) Funds Available for Support.--Subsection (b) of section 1226 of +the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. +2151 note) is amended to read as follows: + ``(b) Funds Available for Support.--Amounts to provide support +under the authority of subsection (a) may be derived only from amounts +authorized to be appropriated and available for operation and +maintenance, Defense-wide.''. + (b) Extension.--Subsection (h) of such section is amended by +striking ``December 31, 2021'' and inserting ``December 31, 2023''. +SEC. 1210A. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR +STABILIZATION ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE UNITED +STATES. + Subsection (h) of section 1210A of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1628) is amended by striking ``December 31, 2020'' and inserting +``December 31, 2021''. +SEC. 1210B. EXTENSION OF REPORT ON WORKFORCE DEVELOPMENT. Section 1250(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2529) is amended by striking ``through 2021'' and inserting ``through 2026''. - -SEC. 1206. REPORT ON HUMAN RIGHTS AND BUILDING PARTNER CAPACITY - PROGRAMS. - - (a) In General.--Not later than 120 days after the date of the -enactment of this Act, the Secretary of Defense, in coordination with -the Secretary of State, shall submit to the appropriate congressional -committees a report identifying units of national security forces of -foreign countries that-- - (1) have participated in programs under the authority of - section 333 of title 10, United States Code, during any of - fiscal years 2017 through 2020; and - (2) are subject to United States sanctions relating to - gross violations of internationally recognized human rights - under any other provision of law, including as described in the - annual Department of State's Country Reports on Human Rights - Practices. - (b) Matters To Be Included.--The report required by subsection (a) -should include recommendations to improve human rights training and -additional measures that can be adopted to prevent violations of human -rights under any other provision of law. +SEC. 1210C. PLAN TO INCREASE PARTICIPATION IN INTERNATIONAL MILITARY +EDUCATION AND TRAINING PROGRAMS. + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Secretary of State, in coordination with the +Secretary of Defense, shall submit to the appropriate congressional +committees a plan to increase the number of foreign female participants +receiving training under the International Military Education and +Training program authorized under chapter 5 of part II of the Foreign +Assistance Act of 1961 (22 U.S.C. 2347 et seq.) and any other military +exchange program offered to foreign participants, with the goal of +doubling such participation over the 10-year period beginning on the +date of the enactment of this Act. + (b) Interim Progress Reports.--Not later than 2 years after the +date of the submission of the plan required by subsection (a), and +every 2 years thereafter until the end of the 10-year period beginning +on the date of the enactment of this Act, the Secretary of State, in +coordination with the Secretary of Defense, shall submit to the +appropriate congressional committees a report that includes the most +recently available data on foreign female participation in activities +conducted under the International Military Education and Training +program and any other military exchange programs and describes the +manner and extent to which the goal described in subsection (a) has +been achieved as of the date of the submission of the report. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- - (1) the Committee on Armed Services and the Committee on - Foreign Relations of the Senate; and - (2) the Committee on Armed Services and the Committee on - Foreign Affairs of the House of Representatives. - -SEC. 1207. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION - ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE UNITED - STATES. - - Subsection (h) of section 1210A of the National Defense -Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. -1628) is amended by striking ``December 31, 2020'' and inserting -``December 31, 2021''. + (1) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives; and + (2) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate. +SEC. 1210D. MITIGATION AND PREVENTION OF ATROCITIES IN HIGH-RISK +COUNTRIES. + (a) Statement of Policy.--It is the policy of the United States +that the Department of State, in coordination with the Department of +Defense and the United States Agency for International Development, +should address global fragility, as required by the Global Fragility +Act of 2019 and, to the extent practicable, incorporate efforts to +identify, prevent, and respond to the causes of atrocities, as required +by section 3 of the Elie Wiesel Genocide and Atrocities Prevention Act +of 2018 (22 U.S.C. 2656 note), into security assistance and cooperation +planning and implementation for covered foreign countries. + (b) In General.--The Secretary of State, in consultation with +chiefs of mission and the Administrator of the United States Agency for +International Development, shall ensure that the Department of State's +Atrocity Assessment Framework is factored into the Integrated Country +Strategy and the Country Development Cooperation Strategy where +appropriate for covered foreign countries. + (c) Report.-- + (1) In general.--Section 5 of the Elie Wiesel Genocide and + Atrocities Prevention Act of 2018 is amended-- + (A) by amending subparagraph (E) of subsection (a)(1) to + read as follows: + ``(E) countries and regions at risk of atrocities, + including covered foreign countries, and a description of + specific risk factors, at risk groups, likely scenarios in + which atrocities would occur, and efforts taken by the Board or + relevant Federal agencies to prevent such atrocities; and''; + and + (B) by adding at the end the following new subscection: + ``(d) Covered Foreign Country Defined.--The term `covered foreign +country' means a foreign country that is not listed as a priority +country under section 505 of the Global Fragility Act of 2019 (22 +U.S.C. 9804) but remains among the top 30 most at risk countries for +new onset of mass killing, according to the Department of State's +internal assessments, and in consultation with the Committee on Foreign +Affairs and the Committee on Armed Services of the House of +Representatives and the Committee on Foreign Relations and the +Committee on Armed Services of the Senate.''. + (2) Effective date.--The amendment made by paragraph (1) shall + take effect and apply beginning with the first report required + under section 5 of the Elie Wiesel Genocide and Atrocities + Prevention Act of 2018 that is required after the date of the + enactment of this Act. + (d) Stakeholder Consultation.--Consistent with section 504(b) of +the Global Fragility Act of 2019 (22 U.S.C. 9803(b)), the Secretary of +State and other relevant agencies should consult with credible +representatives of civil society with experience in atrocities +prevention and national and local governance entities, as well as +relevant international development organizations with experience +implementing programs in fragile and violence-affected communities, +multilateral organizations and donors, and relevant private, academic, +and philanthropic entities, as appropriate, in identifying covered +foreign countries as defined in this section. + (e) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs and the Committee on + Armed Services of the House of Representatives; and + (B) the Committee on Foreign Relations and the Committee on + Armed Services of the Senate. + (2) Covered foreign country.--The term ``covered foreign + country'' means a foreign country that is not listed as a priority + country under section 505 of the Global Fragility Act of 2019 (22 + U.S.C. 9804) but remains among the top 30 most at risk countries + for new onset of mass killing, according to the Department of + State's internal assessments, and in consultation with the + appropriate congressional committees. +SEC. 1210E. IMPLEMENTATION OF THE WOMEN, PEACE, AND SECURITY ACT OF +2017. + (a) In General.--During the period beginning on the date of the +enactment of this Act and ending on September 30, 2025, the Secretary +of Defense shall undertake activities consistent with the Women, Peace, +and Security Act of 2017 (Public Law 115-68; 131 Stat. 1202) and with +the guidance specified in this section, including-- + (1) implementation of the Department of Defense plan entitled + ``Women, Peace, and Security Strategic Framework and Implementation + Plan'' published in June 2020, or any successor plan; + (2) establishing Department of Defense-wide policies and + programs that advance the implementation of the Act, including + military doctrine and Department-specific and combatant command- + specific programs; + (3) ensuring the Department has sufficient qualified personnel + to advance implementation of that Act, including by hiring and + training full-time equivalent personnel, as necessary, and + establishing roles, responsibilities, and requirements for such + personnel; + (4) as appropriate, the deliberate integration of relevant + training curriculum for members of the Armed Forces across all + ranks; and + (5) security cooperation activities that further the + implementation of that Act. + (b) Building Partner Defense Institution and Security Force +Capacity.-- + (1) Incorporation of gender analysis and participation of women + into security cooperation activities.--Consistent with the Women, + Peace, and Security Act of 2017 (Public Law 115-68; 131 Stat. + 1202), the Secretary of Defense, in coordination with the Secretary + of State, shall incorporate participation by women and the analysis + described in the Women's Entrepreneurship and Economic Empowerment + Act of 2018 (Public Law 115-428; 132 Stat. 5509) into the + institutional and national security force capacity-building + activities of security cooperation programs carried out under title + 10, United States Code, including, as appropriate, by-- + (A) incorporating gender analysis and women, peace, and + security priorities into educational and training materials and + programs authorized by section 333 of title 10, United States + Code; + (B) advising on the recruitment, employment, development, + retention, and promotion of women in such national security + forces, including by-- + (i) identifying existing military career opportunities + for women; + (ii) exposing women and girls to careers available in + such national security forces and the skills necessary for + such careers; and + (iii) encouraging women's and girls' interest in such + careers by highlighting as role models women of the United + States and applicable foreign countries in uniform; + (C) addressing sexual harassment and abuse against women + within such national security forces; + (D) integrating gender analysis into security sector + policy, planning, and training for such national security + forces; and + (E) improving infrastructure to address the requirements of + women serving in such national security forces, including + appropriate equipment for female security and police forces. + (2) Barriers and opportunities.--Partner country assessments + conducted in the course of Department security cooperation + activities to build the capacity of the national security forces of + foreign countries shall include attention to the barriers and + opportunities with respect to strengthening recruitment, + employment, development, retention, and promotion of women in the + military forces of such partner countries. + (c) Department-wide Policies on Women, Peace, and Security.--Not +later than 90 days after the date of the enactment of this Act, the +Secretary of Defense shall initiate a process to establish standardized +policies described in subsection (a)(2). + (d) Funding.--The Secretary of Defense may use funds authorized to +be appropriated in each fiscal year to the Department of Defense for +operation and maintenance as specified in the table in section 4301 for +carrying out the full implementation of the Women, Peace, and Security +Act of 2017 (Public Law 115-68; 131 Stat. 1202) and the guidance on the +matters described in paragraphs (1) through (5) of subsection (a) and +subparagraphs (A) through (E) of subsection (b)(1). + (e) Annual Report.--Not later than one year after the date of the +enactment of this Act, and annually thereafter through 2025, the +Secretary of Defense shall submit to the appropriate committees of +Congress a report on the steps the Department has taken to implement +the Women, Peace, and Security Act of 2017, including-- + (1) implementation of defense lines of effort outlined in the + June 2020 Department of Defense ``Women, Peace, and Security + Strategic Framework and Implementation Plan'' and described in + paragraphs (1) through (5) of subsection (a) and subparagraphs (A) + through (E) of subsection (b)(1), as appropriate; and + (2) an enumeration of the funds used in such implementation and + an identification of funding shortfalls, if any, that may inhibit + implementation. + (f) 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. Subtitle B--Matters Relating to Afghanistan and Pakistan SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF - CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED - STATES MILITARY OPERATIONS. - +CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES +MILITARY OPERATIONS. (a) Extension.--Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 -Stat. 393) is amended by striking ``October 1, 2019, and ending on -December 31, 2020'' and inserting ``October 1, 2020, and ending on -December 31, 2021''. +Stat. 393) is amended by striking ``beginning on October 1, 2019, and +ending on December 31, 2020'' and inserting ``beginning on October 1, +2020, and ending on December 31, 2021''. (b) Modification to Limitation.--Subsection (d)(1) of such section is amended-- - (1) by striking ``October 1, 2019, and ending on December - 31, 2020'' and inserting ``October 1, 2020, and ending on - December 31, 2021''; and - (2) by striking ``$450,000,000'' and inserting - ``$180,000,000''. - + (1) by striking ``beginning on October 1, 2019, and ending on + December 31, 2020'' and inserting ``beginning on October 1, 2020, + and ending on December 31, 2021''; and + (2) by striking ``$450,000,000'' and inserting + ``$180,000,000''. SEC. 1212. EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM. - (a) In General.--Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended-- - (1) in the heading, by striking ``2020'' and inserting - ``2021''; - (2) in clause (i), by striking ``December 31, 2021'' and - inserting ``December 31, 2022''; and - (3) in clause (ii), the striking ``December 31, 2021'' - inserting ``December 31, 2022''. + (1) in the heading, by striking ``2020'' and inserting + ``2021''; + (2) in the matter preceding clause (i), by striking ``22,500'' + and inserting ``22,620''; + (3) in clause (i), by striking ``December 31, 2021'' and + inserting ``December 31, 2022''; and + (4) in clause (ii), the striking ``December 31, 2021'' + inserting ``December 31, 2022''. (b) Report Extension.--Section 602(b)(13) of such Act (8 U.S.C. 1101 note) is amended by striking ``January 31, 2021'' and inserting ``January 31, 2023''. - -SEC. 1213. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO - AFGHANISTAN. - - (a) Sense of Congress.--It is the sense of Congress that-- - (1) it is in the national security interests of the United - States to deny terrorists safe haven in Afghanistan, protect - the United States homeland, uphold the United States - partnership with the Government of Afghanistan and cooperation - with the Afghan National Defense and Security Forces, and - protect the hard-fought rights of women, girls, and other - vulnerable populations in Afghanistan; - (2) a rapid military drawdown and a lack of United States - commitment to the security and stability of Afghanistan would - undermine diplomatic efforts for peace; - (3) the current agreement between the United States and the - Taliban is not a substitute for a final intra-Afghan agreement - that provides for the appropriate protections for vulnerable - populations, creates conditions for the rejection of violence - and prevention of international terrorist safe havens, and - represents a durable diplomatic solution, based on verifiable - facts and conditions on the ground, that provides for long-term - stability; and - (4) the Administration has a constitutional obligation to - provide Congress with regular, timely, and comprehensive - information on the status of security operations and diplomatic - efforts in a form that can be transparently communicated to the - American people. - (b) Limitation.--Until the date on which the Secretary of Defense, -in concurrence with each covered official, submits the report described -in subsection (c) to the appropriate congressional committees, none of -the amounts authorized to be appropriated for fiscal year 2020 or 2021 -for the Department of Defense may be obligated or expended for any -activity having either of the following effects: - (1) Reducing the total number of Armed Forces deployed to - Afghanistan below the lesser of-- - (A) 8,000; or - (B) the total number of the Armed Forces deployed - as of the date of the enactment of this Act. - (2) Reducing the total number of Armed Forces deployed to - Afghanistan below 4,000. - (c) Report.--The report described in this subsection shall include +SEC. 1213. EXTENSION AND MODIFICATION OF SUPPORT FOR RECONCILIATION +ACTIVITIES LED BY THE GOVERNMENT OF AFGHANISTAN. + (a) Modification of Authority To Provide Covered Support.-- +Subsection (a) of section 1218 of the National Defense Authorization +Act for Fiscal Year 2020 (Public Law 116-92; 132 Stat. 1633) is +amended-- + (1) by striking the subsection designation and heading and all + that follows through ``The Secretary of Defense'' and inserting the + following: + ``(a) Authority To Provide Covered Support.-- + ``(1) In general.--Subject to paragraph (2), the Secretary of + Defense''; and + (2) by adding at the end the following new paragraph: + ``(2) Limitation on use of funds.--Amounts authorized to be + appropriated or otherwise made available for the Department of + Defense by this Act may not be obligated or expended to provide + covered support until the date on which the Secretary of Defense + submits to the appropriate committees of Congress the report + required by subsection (b).''. + (b) Participation in Reconciliation Activities.--Such section is +further amended-- + (1) by redesignating subsections (i) through (k) as subsections + (j) through (l), respectively; + (2) by inserting after subsection (h) the following new + subsection (i): + ``(i) Participation in Reconciliation Activities.--Covered support +may only be used to support a reconciliation activity that-- + ``(1) includes the participation of members of the Government + of Afghanistan; and + ``(2) does not restrict the participation of women.''. + (c) Extension.--Subsection (k) of such section, as so redesignated, +is amended by striking ``December 31, 2020'' and inserting ``December +31, 2021''. + (d) Exclusions From Covered Support.--Such section is further +amended in paragraph (2)(B) of subsection (l), as so redesignated-- + (1) in clause (ii), by inserting ``, reimbursement for travel + or lodging, and stipends or per diem payments'' before the period + at the end; and + (2) by adding at the end the following new clause: + ``(iii) Any activity involving one or more members of + an organization designated as a foreign terrorist + organization pursuant to section 219 of the Immigration and + Nationality Act (8 U.S.C. 1189) or an individual designated + as a specially designated global terrorist pursuant to + Executive Order 13224 (50 U.S.C. 1701 note; relating to + blocking property and prohibiting transactions with persons + who commit, threaten to commit, or support terrorism).''. +SEC. 1214. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY RESPONSE +PROGRAM. + Section 1201 of the National Defense Authorization Act for Fiscal +Year 2012 (Public Law 112-81; 125 Stat. 1619) is amended-- + (1) in subsection (a)-- + (A) by striking ``December 31, 2020'' and inserting + ``December 31, 2021''; and + (B) by striking ``$2,500,000'' and inserting + ``$2,000,000''; + (2) in subsection (b), by striking the subsection designation + and heading and all that follows through the period at the end of + paragraph (1) and inserting the following: + ``(b) Quarterly Reports.-- + ``(1) In general.--Beginning in fiscal year 2021, not later + than 45 days after the end of each quarter fiscal year, the + Secretary of Defense shall submit to the congressional defense + committees a report regarding the source of funds and the + allocation and use of funds during that quarter fiscal year that + were made available pursuant to the authority provided in this + section or under any other provision of law for the purposes of the + program under subsection (a).''; and + (3) in subsection (f), by striking ``December 31, 2020'' and + inserting ``December 31, 2021''. +SEC. 1215. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO +AFGHANISTAN. + (a) Limitation.--Until the date on which the Secretary of Defense, +in consultation with the Secretary of State and the Director of +National Intelligence, submits to the appropriate congressional +committees the report described in subsection (b), none of the amounts +authorized to be appropriated for fiscal year 2020 or 2021 for the +Department of Defense may be obligated or expended for any activity +having either of the following effects: + (1) Reducing the total number of Armed Forces deployed to + Afghanistan below the lesser of-- + (A) 4,000; or + (B) the total number of the Armed Forces deployed as of the + date of the enactment of this Act. + (2) Reducing the total number of Armed Forces deployed to + Afghanistan below 2,000. + (b) Report.--The report described in this subsection shall include each of the following: - (1) A certification that the intended withdrawal of the - United States Armed Forces in Afghanistan-- - (A) will not compromise or otherwise negatively - affect the ongoing United States counterterrorism - mission against the Islamic State, al-Qaeda, and - associated forces; - (B) will not unduly increase the risk to United - States personnel in Afghanistan; - (C) will not increase the risk for the expansion of - existing or formation of new international terrorist - safe havens inside Afghanistan; - (D) will be undertaken with the consultation and - coordination of allies supporting the United States- - and North Atlantic Treaty Organization-led missions; - and - (E) is in the best interest of United States - national security and in furtherance of United States - policy toward Afghanistan for achieving an enduring - diplomatic solution. - (2) An analysis of the impact that the intended withdrawal - of United States Armed Forces from Afghanistan would have on - each of the following: - (A) The threat posed by the Taliban and terrorist - organizations, including by each covered terrorist - organization, to-- - (i) the United States homeland; - (ii) United States interests abroad; - (iii) allied countries of the North - Atlantic Treaty Organization; - (iv) the Government of Afghanistan; and - (v) regional peace and security. - (B) The ability of the Afghan government to uphold - the human and civil rights (including access to voting, - education, justice, and economic opportunities) of - women, girls, people with disabilities, religious and - ethnic minorities, and other vulnerable populations in - Afghanistan. - (C) Transparent, credible, and inclusive political - processes in Afghanistan. - (D) The capacity of the Afghan National Defense and - Security Forces to effectively-- - (i) prevent or defend against attacks by - the Taliban or by terrorist organizations - (including by each covered terrorist - organization) on civilian populations; - (ii) prevent the permanent takeover of one - or more provincial capitals by the Taliban or - by associated organizations; - (iii) conduct counterterrorism operations - necessary to deny safe harbor to international - terrorist organizations that the intelligence - community assess pose a threat to the United - States homeland and United States interests - abroad; and - (iv) maintain institutional order and - discipline. - (E) The influence of Afghanistan's neighbors and - near neighbors on the sovereignty of Afghanistan and - the strategic national security interests of the United - States in the region. - (F) Any other matter the Secretary of Defense, in - concurrence with each covered official, determines - appropriate. - (3) An assessment by the intelligence community of the - manner and extent to which-- - (A) state actors have provided any incentives to - the Taliban, their affiliates, or other foreign - terrorist organizations for attacks against United - States, coalition, or Afghan security forces or - civilians in Afghanistan in the last 2 years, including - the details of any attacks believed to have been - connected with such incentives; - (B) the Taliban has publicly renounced al-Qaeda; - (C) the Taliban has made any efforts to break with - al-Qaeda since February 29, 2020, and a description of - these efforts; - (D) any senior al-Qaeda leaders, including Ayman - al-Zawahiri, or any leaders of al-Qaeda in the Indian - Subcontinent, have been present in Afghanistan since - February 29, 2020, and if so, the names of the leaders, - the dates they were present in Afghanistan, and their - other locations since February 29, 2020; - (E) any members of al-Qaeda, al-Qaeda in the Indian - Subcontinent, al-Qaeda-affiliated groups, or any - covered terrorist organization have, since February 29, - 2020-- - (i) fought alongside, trained alongside, - otherwise operated alongside, or sheltered with - the Taliban in Afghanistan; - (ii) conducted attacks inside Afghanistan, - and, if so, the dates and locations of such - attacks; - (iii) operated training camps or related - facilities inside Afghanistan, and, if so, the - locations of those camps or facilities; - (iv) traveled to Afghanistan from Pakistan, - Iran, or neighboring countries; - (v) continued to have ties to any Taliban - leaders or members located in Pakistan; or - (vi) continued to work with the Haqqani - Network; - (F) any of the prisoners released by the Government - of Afghanistan since February 29, 2020-- - (i) are members of, or have ties to, any - covered terrorist organizations or any other - organization designated by the United States as - a foreign terrorist organization pursuant to - section 219 of the Immigration and Nationality - Act (8 U.S.C. 1189) and, if so, the names of - such former prisoners and the reasons for their - detention inside Afghanistan; or - (ii) are suspected of taking part in - attacks against American service members or - civilians or attacks that caused American - casualties and, if so, the names of the - prisoners, the date and location of such - attacks, and the number of American casualties - attributed to such attacks; - (G) any of the prisoners the Taliban has requested - for release, but who have not yet been released as of - the date of the enactment of this Act, are members of, - or have ties to, any covered terrorist organizations or - any other organization designated by the United States - as a foreign terrorist organization pursuant to section - 219 of the Immigration and Nationality Act (8 U.S.C. - 1189) and, if so, the names of the prisoners and the - organizations to which they are affiliated; and - (H) senior Taliban leaders, including members of - the Haqqani Network, who are located in Pakistan - continue to exercise control over the insurgency in - Afghanistan. - (4) The number of attacks that the Taliban has carried out - in Afghanistan since February 29, 2020, including the location - and date of each attack as well as casualties related to each - attack. - (d) Form.--The report described in subsection (c) shall be + (1) An assessment of the effect that such a reduction would + have on-- + (A) the ongoing United States counterterrorism mission + against the Islamic State, al-Qaeda, and associated forces; + (B) the risk to United States personnel in Afghanistan; + (C) the risk for the expansion of existing or formation of + new international terrorist safe havens inside Afghanistan; + (D) the role of United States allies and partners + supporting the United States- and North Atlantic Treaty + Organization-led missions, including international financial + support the Afghan National Defense and Security Forces require + in order to maintain operational capabilities and combat + effectiveness; + (E) United States national security and United States + policy toward achieving an enduring diplomatic solution in + Afghanistan; + (F) the threat posed by the Taliban and other terrorist + organizations in Afghanistan to United States national security + interests and to those of United States allies and partners; + (G) the capacity of the Afghan National Defense and + Security Forces to effectively-- + (i) prevent or defend against attacks by the Taliban or + other terrorist organizations on civilian populations; + (ii) conduct counterterrorism operations necessary to + deny safe harbor to terrorist organizations that the + intelligence community assesses pose a threat to the United + States and United States interests; + (iii) sustain equipment, personnel, and capabilities; + and + (iv) protect the sovereignty of Afghanistan; + (H) the influence of Afghanistan's neighbors and near + neighbors on the sovereignty of Afghanistan and the strategic + national security interests of the United States in the region. + (2) A plan for the orderly transition of all security-related + tasks currently undertaken by the Armed Forces of the United States + and nations contributing troops to the Resolute Support Mission in + support of the Afghan National Defense and Security Forces to the + Government of Afghanistan. + (3) An update on the status of any United States citizens + detained in Afghanistan and an overview of Administration efforts + to secure their release. + (4) An assessment by the intelligence community of the manner + and extent to which state actors have provided any incentives to + the Taliban, their affiliates, or other foreign terrorist + organizations for attacks against United States, coalition, or + Afghan security forces or civilians in Afghanistan in the last 2 + years, including the details of any attacks believed to have been + connected with such incentives. + (5) Any other matter the Secretary of Defense determines + appropriate. + (c) Form.--The report described in subsection (b) shall be submitted in unclassified form without any designation relating to -dissemination control, but may contain a classified annex that is -accompanied by an unclassified summary of the annex. - (e) Waiver.--The Secretary of Defense may waive the limitation -under subsection (b) if, in consultation with the Chairman of the Joint -Chiefs of Staff and the Commander of United States Forces, Afghanistan, -the Secretary-- - (1) determines that the waiver is-- - (A) necessary due to an imminent and extraordinary - threat to members of the United States Armed Forces in - the Afghanistan; or - (B) vital to the national security interests of the - United States; and - (2) submits to the appropriate congressional committees a - detailed, written justification for such waiver, not later than - 10 days after the effective date of the waiver; and - (3) in the case of a determination described in paragraph - (1)(A), includes in such justification each of the following: - (A) A detailed description of the change in threat - assessment leading to the determination. - (B) An explanation for the reasons for which - existing force protection mechanisms were not - sufficient to reasonably ensure the safety of members - of the Armed Forces. - (C) The steps that have been taken to ensure that - United States equipment does not fall into enemy hands. - (D) A description of the coordination with allied - countries of the North Atlantic Treaty Organization and - with other allies and partners with respect to the - withdrawal. - (E) A description of the coordination with the - Department of State to ensure the safety of American - citizens in Afghanistan in light of and subsequent to - the withdrawal. - (f) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Armed Services of the House of - Representatives and the Committee on Armed Services of - the Senate; - (B) the Committee on Foreign Affairs of the House - of Representatives and the Committee on Foreign - Relations of the Senate; and - (C) the Permanent Select Committee on Intelligence - of the House of Representatives and the Select - Committee on Intelligence of the Senate. - (2) Covered official.--The term ``covered official'' - means-- - (A) the Secretary of State; - (B) the Director of National Intelligence; - (C) the Director of the Central Intelligence - Agency; - (D) the Chairman of the Joint Chiefs of Staff; - (E) the Commander of United States Central Command; - (F) the Commander of United States Forces, - Afghanistan; and - (G) the United States Permanent Representative to - the North Atlantic Treaty Organization. - (3) Covered terrorist organization.--The term ``covered - terrorist organization'' means any of the following: - (A) al-Qaeda and affiliates, including al-Qaeda in - the Indian Subcontinent. - (B) The Islamic State and affiliates. - (C) Tehrik-e Taliban Pakistan. - (D) The Haqqani Network. - (E) Islamic Movement of Uzbekistan. - (F) Eastern Turkistan Islamic Movement. - (G) Ansralluh. - (H) Lashkar-e-Tayyiba (including under the alias - Jamaat-ud-Dawa). - (I) Jaish-e-Mohammed. - (J) Harakat ul-Jihad-Islami. - (K) Harakat ul-Mujahidin. - (L) Jaysh al-Adl. - (M) Lashkar-i-Jhangvi. - (N) Mullah Nasir Group. - (O) Hafiz Gul Bahadar Group. - (P) Lashkar-i-Islam. - (Q) Islamic Jihad Union Group. - (R) Jamaat-ud-Dawa al Quran. - (S) Ansarul Islam. - -SEC. 1214. REPORT ON OPERATION FREEDOM SENTINEL. - - (a) In General.--Not later than 90 days after the date of the -enactment of this Act, and as part of the materials relating to -Operation Freedom Sentinel submitted to Congress by the Secretary of -Defense in support of the budget of the President for the following 2 -fiscal years, the Secretary shall submit to the Committee on Armed -Services of the House of Representatives and the Committee on Armed -Services of the Senate a report on Operation Freedom Sentinel. - (b) Matters To Be Included.--The report required by subsection (a) -shall include a list and description of activities, exercises, and -funding amounts carried out under the operation, including-- - (1) specific direct war costs; - (2) activities that occur in Afghanistan; - (3) activities that occur outside of Afghanistan, including - training and costs relating to personnel; - (4) activities that provide funding to any of the services - that is part of the operation's budget request; and - (5) activities related to transportation, logistics, and - other support. - -SEC. 1215. MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER JUDICIAL - PROCESS OF CULTURAL OBJECTS. - +dissemination control, but may contain a classified annex. + (d) Waiver.--The President may waive the limitation under +subsection (a) if the President submits to the appropriate +congressional committees-- + (1) a written determination that the waiver is important to the + national security interests of the United States; and + (2) a detailed explanation of how the waiver furthers those + interests. + (e) Appropriate Congressional Committees Defined.--The term +``appropriate congressional committees'' means-- + (1) the Committee on Armed Services of the House of + Representatives and the Committee on Armed Services of the Senate; + (2) the Committee on Foreign Affairs of the House of + Representatives and the Committee on Foreign Relations of the + Senate; and + (3) the Permanent Select Committee on Intelligence of the House + of Representatives and the Select Committee on Intelligence of the + Senate. +SEC. 1216. MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER JUDICIAL +PROCESS OF CULTURAL OBJECTS. (a) In General.--The Act of October 19, 1965, entitled ``An Act to render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition, and for other purposes'' (22 U.S.C. 2459; 79 Stat. 985) is amended-- - (1) in the heading, by striking ``temporary exhibition or - display'' and inserting ``temporary storage, conservation, - scientific research, exhibition, or display''; - (2) in subsection (a)-- - (A) by striking ``the temporary exhibition or - display thereof'' each place it appears and inserting - ``temporary storage, conservation, scientific research, - exhibition, or display''; and - (B) by striking ``cultural or educational'' each - place it appears and inserting ``cultural, educational, - or religious''; and - (3) by adding at the end the following: + (1) in subsection (a)-- + (A) by striking ``the temporary exhibition or display + thereof'' each place it appears and inserting ``temporary + storage, conservation, scientific research, exhibition, or + display''; + (B) by striking ``cultural or educational institutions'' + and inserting ``cultural, educational, or religious + institutions with the capacity to appropriately curate such + object''; and + (C) by striking ``any such cultural or educational + institution'' and inserting ``any such cultural, educational, + or religious institution with the capacity to appropriately + curate such object''; and + (2) by adding at the end the following: ``(d) For purposes of this section, the terms `imported' and `importation' include a transfer from a mission of a foreign country located within the United States to a cultural, educational, or religious institution located within the United States.''. (b) Afghanistan.-- - (1) In general.--A work of art or other object of cultural - significance that is imported into the United States for - temporary storage, conservation, scientific research, - exhibition, or display shall be deemed to be immune from - seizure under such Act of October 19, 1965 (22 U.S.C. 2459) (as - amended by subsection (a)), and the provisions of such Act - shall apply in the same manner and to the same extent to such - work or object, if-- - (A) the work or object is exported from Afghanistan - with an export permit or license duly issued by the - Government of Afghanistan; and - (B)(i) an agreement is entered into between the - Government of Afghanistan and the cultural, - educational, or religious institution within the United - States that specifies the conditions for such material - to be returned to Afghanistan; or - (ii) the work or object is transferred to a - cultural, educational, or religious institution in the - United States in accordance with an agreement described - in clause (i) that also includes an authorization to - transfer such work or object to such an institution. - -SEC. 1216. STRATEGY FOR POST-CONFLICT ENGAGEMENT BY THE UNITED STATES - IN AFGHANISTAN. - - (a) In General.--The Secretary of State, in consultation with the -Administrator of the United States Agency for International Development -and other relevant Federal departments and agencies, shall submit to -the Committee on Foreign Affairs of the House of Representatives and -the Committee on Foreign Relations of the Senate not later than 120 -days after a final Afghan Reconciliation Agreement is reached, a -strategy for post-conflict engagement by the United States in -Afghanistan to support the implementation of commitments for women and -girls' inclusion and empowerment in the Agreement, as well as to -protect and promote basic human rights in Afghanistan, especially the -human rights of women and girls. - (b) Required Elements.--The Secretary of State shall seek to ensure -that activities carried out under the strategy-- - (1) employ rigorous monitoring and evaluation - methodologies, including ex-post evaluation, and gender - analysis as defined by the Women's Entrepreneurship and - Economic Empowerment Act of 2018 (Public Law 115-428) and - required by the U.S. Strategy on Women, Peace, and Security; - (2) disaggregate all data collected and reported by age, - gender, marital and motherhood status, disability, and - urbanity, to the extent practicable and appropriate; and - (3) advance the principles and objectives specified in the - Policy Guidance on Promoting Gender Equality of the Department - of State and the Gender Equality and Female Empowerment Policy - of the United States Agency for International Development. - + (1) In general.--A work of art or other object of cultural + significance that is imported into the United States for temporary + storage, conservation, scientific research, exhibition, or display + shall be deemed to be immune from seizure under such Act of October + 19, 1965 (22 U.S.C. 2459) (as amended by subsection (a)), and the + provisions of such Act shall apply in the same manner and to the + same extent to such work or object, if-- + (A) the work or object is exported from Afghanistan with an + export permit or license duly issued by the Government of + Afghanistan; and + (B)(i) an agreement is entered into between the Government + of Afghanistan and the cultural, educational, or religious + institution with the capacity to appropriately curate such + object within the United States that specifies the conditions + for such material to be returned to Afghanistan; or + (ii) the work or object is transferred to a cultural, + educational, or religious institution with the capacity to + appropriately curate such object in the United States in + accordance with an agreement described in clause (i) that also + includes an authorization to transfer such work or object to + other such institutions in the United States. SEC. 1217. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS WITH TALIBAN - OFFICIALS AND AFGHANISTAN'S COMPREHENSIVE PEACE PROCESS. - +OFFICIALS AND AFGHANISTAN'S COMPREHENSIVE PEACE PROCESS. (a) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Relations, the - Committee on Armed Services, and the Select Committee - on Intelligence of the Senate; and - (B) the Committee on Foreign Affairs, the Committee - on Armed Services, and the Permanent Select Committee - on Intelligence of the House of Representatives. - (2) Government of afghanistan.--The term ``Government of - Afghanistan'' means the Government of the Islamic Republic of - Afghanistan and its agencies, instrumentalities, and controlled - entities. - (3) The taliban.--The term ``the Taliban''-- - (A) refers to the organization that refers to - itself as the ``Islamic Emirate of Afghanistan'', that - was founded by Mohammed Omar, and that is currently led - by Mawlawi Hibatullah Akhundzada; and - (B) includes subordinate organizations, such as the - Haqqani Network, and any successor organization. - (4) February 29 agreement.--The term ``February 29 - Agreement'' refers to the political arrangement between the - United States and the Taliban titled ``Agreement for Bringing - Peace to Afghanistan Between the Islamic Emirate of Afghanistan - which is not recognized by the United States as a state and is - known as the Taliban and the United States of America'' signed - at Doha, Qatar February 29, 2020. + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Relations, the Committee on + Armed Services, and the Select Committee on Intelligence of the + Senate; and + (B) the Committee on Foreign Affairs, the Committee on + Armed Services, and the Permanent Select Committee on + Intelligence of the House of Representatives. + (2) Government of afghanistan.--The term ``Government of + Afghanistan'' means the Government of the Islamic Republic of + Afghanistan and its agencies, instrumentalities, and controlled + entities. + (3) The taliban.--The term ``the Taliban''-- + (A) refers to the organization that refers to itself as the + ``Islamic Emirate of Afghanistan'', that was founded by + Mohammed Omar, and that is currently led by Mawlawi Hibatullah + Akhundzada; and + (B) includes subordinate organizations, such as the Haqqani + Network, and any successor organization. + (4) February 29 agreement.--The term ``February 29 Agreement'' + refers to the political arrangement between the United States and + the Taliban titled ``Agreement for Bringing Peace to Afghanistan + Between the Islamic Emirate of Afghanistan which is not recognized + by the United States as a state and is known as the Taliban and the + United States of America'' signed at Doha, Qatar on February 29, + 2020. (b) Oversight of Peace Process and Other Agreements.-- - (1) Transmission to congress of materials relevant to the - february 29 agreement.--The Secretary of State, in consultation - with the Secretary of Defense, shall continue to submit to the - appropriate congressional committees materials relevant to the - February 29 Agreement. - (2) Submission to congress of any future deals involving - the taliban.--The Secretary of State shall submit to the - appropriate congressional committees, within 5 days of - conclusion and on an ongoing basis thereafter, any future - agreement or arrangement involving the Taliban in any manner, - as well as materials relevant to any future agreement or - arrangement involving the Taliban in any manner. - (3) Definitions.--In this subsection, the terms ``materials - relevant to the February 29 Agreement'' and ``materials - relevant to any future agreement or arrangement'' include all - annexes, appendices, and instruments for implementation of the - February 29 Agreement or a future agreement or arrangement, as - well as any understandings or expectations related to the - Agreement or a future agreement or arrangement. - (c) Report and Briefing on Verification and Compliance.-- - (1) In general.-- - (A) Report.--Not later than 90 days after the date - of the enactment of this Act, and not less frequently - than once every 120 days thereafter, the President - shall submit to the appropriate congressional - committees a report verifying whether the key tenets of - the February 29 Agreement, or future agreements, and - accompanying implementing frameworks are being - preserved and honored. - (B) Briefing.--At the time of each report submitted - under subparagraph (A), the Secretary of State shall - direct a Senate-confirmed Department of State official - and other appropriate officials to brief the - appropriate congressional committees on the contents of - the report. The Director of National Intelligence shall - also direct an appropriate official to participate in - the briefing. - (2) Elements.--The report and briefing required under - paragraph (1) shall include-- - (A) an assessment-- - (i) of the Taliban's compliance with - counterterrorism guarantees, including - guarantees to deny safe haven and freedom of - movement to al-Qaeda and other terrorist - threats from operating on territory under its - influence; and - (ii) whether the United States intelligence - community has collected any intelligence - indicating the Taliban does not intend to - uphold its commitments; - (B) an assessment of Taliban actions against - terrorist threats to United States national security - interests; - (C) an assessment of whether Taliban officials have - made a complete, transparent, public, and verifiable - breaking of all ties with al-Qaeda; - (D) an assessment of the current relationship - between the Taliban and al-Qaeda, including any - interactions between members of the two groups in - Afghanistan, Pakistan, or other countries, and any - change in Taliban conduct towards al-Qaeda since - February 29, 2020; - (E) an assessment of the relationship between the - Taliban and any other terrorist group that is assessed - to threaten the security of the United States or its - allies, including any change in conduct since February - 29, 2020; - (F) an assessment of whether the Haqqani Network - has broken ties with al-Qaeda, and whether the Haqqani - Network's leader Sirajuddin Haqqani remains part of the - leadership structure of the Taliban; - (G) an assessment of threats emanating from - Afghanistan against the United States homeland and - United States partners, and a description of how the - United States Government is responding to those - threats; - (H) an assessment of intra-Afghan discussions, - political reconciliation, and progress towards a - political roadmap that seeks to serve all Afghans; - (I) an assessment of the viability of any intra- - Afghan governing agreement; - (J) an assessment as to whether the terms of any - reduction in violence or ceasefire are being met by all - sides in the conflict; - (K) a detailed overview of any United States and - NATO presence remaining in Afghanistan and any planned - changes to such force posture; - (L) an assessment of the status of human rights, - including the rights of women, minorities, and youth; - (M) an assessment of the access of women, - minorities, and youth to education, justice, and - economic opportunities in Afghanistan; - (N) an assessment of the status of the rule of law - and governance structures at the central, provincial, - and district levels of government; - (O) an assessment of the media and of the press and - civil society's operating space in Afghanistan; - (P) an assessment of illicit narcotics production - in Afghanistan, its linkages to terrorism, corruption, - and instability, and policies to counter illicit - narcotics flows; - (Q) an assessment of corruption in Government of - Afghanistan institutions at the district, provincial, - and central levels of government; - (R) an assessment of the number of Taliban and - Afghan prisoners and any plans for the release of such - prisoners from either side; - (S) an assessment of any malign Iranian, Chinese, - and Russian influence in Afghanistan; - (T) an assessment of how other regional actors, - such as Pakistan, the countries of Central Asia, and - India, are engaging with Afghanistan; - (U) a detailed overview of national-level efforts - to promote transitional justice, including forensic - efforts and documentation of war crimes, mass killings, - or crimes against humanity, redress to victims, and - reconciliation activities; - (V) A detailed overview of United States support - for Government of Afghanistan and civil society efforts - to promote peace and justice at the local level and how - these efforts are informing government-level policies - and negotiations; - (W) an assessment of the progress made by the - Afghanistan Ministry of Interior and the Office of the - Attorney General to address gross violations of human - rights (GVHRs) by civilian security forces, Taliban, - and non-government armed groups, including-- - (i) a breakdown of resources provided by - the Government of Afghanistan towards these - efforts; and - (ii) a summary of assistance provided by - the United States Government to support these - efforts; and - (X) an overview of civilian casualties caused by - the Taliban, non-government armed groups, and Afghan - National Defense and Security Forces, including-- - (i) an estimate of the number of destroyed - or severely damaged civilian structures; - (ii) a description of steps taken by the - Government of Afghanistan to minimize civilian - casualties and other harm to civilians and - civilian infrastructure; - (iii) an assessment of the Government of - Afghanistan's capacity and mechanisms for - investigating reports of civilian casualties; - and - (iv) an assessment of the Government of - Afghanistan's efforts to hold local militias - accountable for civilian casualties. - (3) Counterterrorism strategy.--In the event that the - Taliban does not meet its counterterrorism obligations under - the February 29 Agreement, the report and briefing required - under this subsection shall include information detailing the - United States' counterterrorism strategy in Afghanistan and - Pakistan. - (4) Form.--The report required under subparagraph (A) of - paragraph (1) shall be submitted in unclassified form, but may - include a classified annex, and the briefing required under - subparagraph (B) of such paragraph shall be conducted at the - appropriate classification level. + (1) Transmission to congress of materials relevant to the + february 29 agreement.--Not later than January 10, 2021, the + Secretary of State, in consultation with the Secretary of Defense, + shall certify to the appropriate congressional committees that all + materials relevant to the February 29 Agreement have been submitted + to such committees. If the Secretary of State cannot so certify + because materials relevant to the February 29 Agreement have not + been submitted, the Secretary of State, in consultation with the + Secretary of Defense, shall submit such materials not later than + January 15, 2021. + (2) Submission to congress of any subsequent agreements + involving the taliban.--The Secretary of State shall submit to the + appropriate congressional committees, within 5 days of conclusion + and on an ongoing basis thereafter, any agreement or arrangement + subsequent to the February 29 Agreement involving the Taliban, as + well as materials relevant to any subsequent agreement or + arrangement involving the Taliban. + (3) Definitions.--In this subsection, the terms ``materials + relevant to the February 29 Agreement'' and ``materials relevant to + any subsequent agreement or arrangement'' include all annexes, + appendices, and instruments for implementation of the February 29 + Agreement or a subsequent agreement or arrangement, as well as any + understandings or expectations related to the February 29 Agreement + or a subsequent agreement or arrangement. + (c) Report on Verification and Compliance.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, and not less frequently than once every 120 + days thereafter, the President shall submit to the appropriate + congressional committees a report verifying whether the key tenets + of the February 29 Agreement, or subsequent agreements or + arrangements, and accompanying instruments for implementation are + being upheld. + (2) Elements.--Each report required by paragraph (1) shall + include the following: + (A) An assessment of each of the following: + (i) The Taliban's compliance with the February 29 + Agreement, including counterterrorism guarantees and + guarantees to deny safe haven and freedom of movement to + al-Qaeda and other terrorist threats from operating on + territory under its influence. + (ii) Whether the United States intelligence community + has collected intelligence indicating the Taliban does not + intend to uphold its commitments. + (iii) The current relationship between the Taliban and + al-Qaeda, including an assessment of the relationship + between the Haqqani Network and al-Qaeda. + (iv) The relationship between the Taliban and any other + terrorist group that is assessed to threaten the security + of the United States or its allies, including any change in + conduct since February 29, 2020. + (v) The status of intra-Afghan discussions, including, + in the event an intra-Afghan governing agreement is + achieved, an assessment of the sustainability of such + agreement. + (vi) The status of human rights, including the rights + of women, minorities, and youth. + (vii) The access of women, minorities, and youth to + education, justice, and economic opportunities in + Afghanistan. + (viii) The status of the rule of law and governance + structures at the central, provincial, and district levels + of government. + (ix) The media and the press and civil society's + operating space in Afghanistan. + (x) Illicit narcotics production in Afghanistan, its + linkages to terrorism, corruption, and instability, and + policies to counter illicit narcotics flows. + (xi) Any efforts by Iran, China, Russia, or any other + external actor to affect the February 29 Agreement. + (xii) The efforts of the Government of Afghanistan to + fulfill the commitments under the Joint Declaration between + the Islamic Republic of Afghanistan and the United States + of America for Bringing Peace to Afghanistan, issued on + February 29, 2020. + (xiii) The progress made by the Afghanistan Ministry of + Interior and the Office of the Attorney General to address + gross violations of human rights by civilian security + forces, the Taliban, and nongovernment armed groups, + including-- + + (I) an analysis of resources provided by the + Government of Afghanistan for such efforts; and + (II) a summary of assistance provided by the United + States Government to support such efforts. + + (B) The number of Taliban and Afghan prisoners and any + plans for the release of such prisoners from either side. + (C) A detailed overview of Afghan national-level efforts to + promote transitional justice, including forensic efforts and + documentation of war crimes, mass killings, or crimes against + humanity, redress to victims, and reconciliation activities. + (D) A detailed overview of United States support for + Government of Afghanistan and civil society efforts to promote + peace and justice at the local level and the manner in which + such efforts inform government-level policies and negotiations. + (3) Form.--Each report required by paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. (d) Rule of Construction.--Nothing in this section shall prejudice -whether a future deal involving the Taliban in any manner constitutes a -treaty for purposes of Article II of the Constitution of the United -States. +whether a subsequent agreement or arrangement involving the Taliban +constitutes a treaty for purposes of Article II of the Constitution of +the United States. (e) Sunset.--Except for subsections (b) and (d), the provisions of this section shall cease to be effective on the date that is 5 years after the date of the enactment of this Act. - -SEC. 1218. REPORT ON CIVILIAN CASUALTIES IN AFGHANISTAN. - - (a) In General.--Not later than 180 days after the date of -enactment of this Act, and annually thereafter subject to subsection -(c), the Secretary of Defense and Secretary of State shall submit to -the Committee on Armed Services and the Committee on Foreign Affairs of -the House of Representatives and the Committee on Armed Services and -the Committee on Foreign Relations of the Senate a report on civilian -casualties caused by the Afghan National Defense and Security Forces -and Taliban. Such report shall adhere to the existing reporting -framework as the ``Enhancing Security and Stability in Afghanistan'' -semiannual report. - (b) Contents.--The report shall include the following: - (1) A description of the steps the Government of - Afghanistan is taking to minimize civilian casualties and other - harm to civilians and civilian infrastructure limited to health - facilities, schools, and non-governmental organizations. - (2) An assessment of civilian casualties and other harm to - civilians and civilian infrastructure limited to health - facilities, schools, and non-governmental organizations caused - by the Taliban. - (3) An assessment of the progress of implementation of the - Government of Afghanistan's national civilian casualty and - mitigation policy. - (4) An assessment of the Government of Afghanistan's - capacity and mechanisms for assessing and investigating reports - of civilian casualties, to include a description of the - function and effectiveness of the Afghan Civilian Casualty - Mitigation Team and an assessment of the availability of - channels for civilians to report civilian harm. - (5) An assessment of the capacity of the Afghan National - Defense and Security Forces and the Taliban to operate in - effective compliance with the laws of armed conflict, to - include its principles of proportion and distinction, and any - gaps or weaknesses in need of addressing. - (6) An assessment of the Afghan National Defense and - Security Forces' capacity for planning and conducting - operations in accordance with the laws of armed conflict and - for employing practices designed specifically to limit harm to - civilians and civilian infrastructure; any plans in place by - the United States Government to enhance the capacity of the - ANDSF to minimize harm to civilians in the conduct of its - operations; and any anticipated changes in support and - oversight by United States forces that may have an effect on - said capabilities. - (7) A description of the Government of Afghanistan's - support for non-state localized and regional militias in - Afghanistan, including-- - (A) an assessment of whether the Government of - Afghanistan has the necessary oversight mechanisms in - place to effectively restrain adverse impacts on - stability and hold local militias accountable; and - (B) a summary of the efforts by the Government of - Afghanistan including the Ministry of Interior to - integrate local and regionalized militias into the - uniformed Afghan National Defense and Security Forces - including efforts to support accountability and address - human rights violations and abuses. - (8) Any other matters the Secretary of Defense determines - are relevant. - (c) Sunset.--The reporting requirement under this section shall -terminate on the date that is 3 years after the date of enactment of -this Act. +SEC. 1218. STRATEGY FOR POST-CONFLICT ENGAGEMENT ON HUMAN RIGHTS IN +AFGHANISTAN. + (a) In General.--The Secretary of State, in consultation with the +Administrator of the United States Agency for International Development +and other relevant Federal departments and agencies, shall submit to +the Committee on Foreign Affairs of the House of Representatives and +the Committee on Foreign Relations of the Senate not later than 120 +days after a final Afghan Reconciliation Agreement is reached between +the Government of Afghanistan and the Taliban, a strategy to support +the protection and promotion of basic human rights in Afghanistan, +especially the human rights of women and girls. + (b) Required Elements.--The Secretary of State shall seek to ensure +that activities carried out under the strategy-- + (1) employ rigorous monitoring and evaluation methodologies, + including ex-post evaluation, and gender analysis as defined by the + Women's Entrepreneurship and Economic Empowerment Act of 2018 + (Public Law 115-428) and required by the U.S. Strategy on Women, + Peace, and Security; + (2) disaggregate all data collected and reported by age, + gender, marital and motherhood status, disability, and urbanity, to + the extent practicable and appropriate; and + (3) advance the principles and objectives specified in the + Policy Guidance on Promoting Gender Equality of the Department of + State and the Gender Equality and Female Empowerment Policy of the + United States Agency for International Development. +SEC. 1219. MODIFICATION TO REPORT ON ENHANCING SECURITY AND STABILITY +IN AFGHANISTAN. + Section 1225(b) of the Carl Levin and Howard P. ``Buck'' McKeon +National Defense Authorization Act for Fiscal Year 2015 (Public Law +113-291; 128 Stat. 3550) is amended by adding at the end the following: + ``(10) Civilian casualties.-- + ``(A) An analysis of civilian casualties caused by-- + ``(i) the Afghan National Defense and Security Forces; + and + ``(ii) the Taliban and other terrorist organizations in + Afghanistan. + ``(B) A description of current training and advisory + efforts to improve the Government of Afghanistan's capability + to minimize civilian casualties and other harm to civilians and + civilian infrastructure in compliance with the laws of armed + conflict, to include its principles of military necessity, + proportionality, and distinction, and any gaps or weaknesses in + Afghanistan's capability to minimize civilian casualties and + other such harm. + ``(C) An assessment of the progress of implementation of + the Government of Afghanistan's National Civilian Casualty and + Mitigation and Prevention Policy. + ``(D) An assessment of the Government of Afghanistan's + capacity and mechanisms to assess and investigate reports of + civilian casualties. + ``(11) District-level stability assessment.-- + ``(A) In general.--The production of a district-level + stability assessment that displays the level of Government of + Afghanistan versus insurgent control and influence of districts + that the Department of Defense discontinued in 2018, to include + district, population, and territorial control data. + ``(B) Public availability.--The Secretary of Defense shall + make publicly available the assessments and data relating to + the assessments described in subparagraph (A). + ``(12) Other matters.--Any other matters the Secretary of + Defense determines to be relevant.''. +SEC. 1220. REPORT ON OPERATION FREEDOM'S SENTINEL. + (a) Fiscal Year 2021.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committee on Armed Services of the House of Representatives and the +Committee on Armed Services of the Senate a report on Operation +Freedom's Sentinel for fiscal year 2021. + (b) Fiscal Years 2022 and 2023.--To accompany the materials +relating to Operation Freedom's Sentinel submitted to Congress by the +Secretary of Defense in support of the budget of the President (as +submitted to Congress pursuant to section 1105 of title 31, United +States Code) for fiscal year 2022 and fiscal year 2023, the Secretary +shall submit to the Committee on Armed Services of the House of +Representatives and the Committee on Armed Services of the Senate a +report on Operation Freedom's Sentinel. + (c) Matters To Be Included.--The report required by subsection (a) +and each report required by subsection (b) shall include a list and +description of activities, exercises, and funding amounts carried out +under the operation, including-- + (1) specific direct war costs; + (2) activities that occur in Afghanistan; + (3) activities that occur outside of Afghanistan, including + training and costs relating to personnel; + (4) activities that are funded by any of the services that are + part of the operation's budget request; + (5) activities related to transportation, logistics, and other + support; and + (6) any other matters the Secretary determines to be relevant. Subtitle C--Matters Relating to Syria, Iraq, and Iran SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE - ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND - SYRIA. - +ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA. (a) In General.--Subsection (a) of section 1236 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended by striking ``December 31, 2020'' and inserting ``December 31, 2021''. (b) Funding.--Subsection (g) of such section is amended-- - (1) by striking ``fiscal year 2020'' and inserting ``fiscal - year 2021''; and - (2) by striking ``$645,000,000'' and inserting - ``$500,000,000''. + (1) by striking ``fiscal year 2020'' and inserting ``fiscal + year 2021''; and + (2) by striking ``$645,000,000'' and inserting + ``$322,500,000''. (c) Waiver Authority; Scope.--Subsection (j)(3) of such section is amended-- - (1) by striking ``congressional defense committees'' each - place it appears and inserting ``appropriate congressional - committees''; and - (2) by adding at the end the following: - ``(C) Appropriate congressional committees - defined.--In this paragraph, the term `appropriate - congressional committees' means-- - ``(i) the Committee on Armed Services and - the Committee on Foreign Affairs of the House - of Representatives; and - ``(ii) the Committee on Armed Services and - the Committee on Foreign Relations of the - Senate.''. - (d) Annual Report.--Such section is amended by adding at the end -the following: - ``(o) Annual Report.--Not later than 90 days after the date of the -enactment of this subsection, and annually thereafter for two years, -the Secretary of Defense shall submit to the Committee on Armed -Services of the House of Representatives and the Committee on Armed -Services of the Senate a report that includes-- - ``(1) a detailed description of the weapons and equipment + (1) by striking ``congressional defense committees'' each place + it appears and inserting ``appropriate congressional committees''; + and + (2) by adding at the end the following: + ``(C) Appropriate congressional committees defined.--In + this paragraph, the term `appropriate congressional committees' + means-- + ``(i) the Committee on Armed Services, the Committee on + Foreign Affairs, and the Committee on Appropriations of the + House of Representatives; and + ``(ii) the Committee on Armed Services, the Committee + on Foreign Relations, and the Committee on Appropriations + of the Senate.''. + (d) Report and Budget Details Regarding Operation Inherent +Resolve.-- + (1) Report required.--At the same time as the submission of the + budget of the President (as submitted to Congress pursuant to + section 1105 of title 31, United States Code) for fiscal year 2022 + and each fiscal year thereafter, the Secretary of Defense shall + submit a report with accompanying budgetary details regarding + Operation Inherent Resolve. + (2) Elements of report.--At a minimum, the report required by + paragraph (1) shall include-- + (A)(i) for the first report, a history of the operation and + its objectives; and + (ii) for each subsequent report, a description of the + operation and its objectives during the prior fiscal year; + (B) a detailed description of the weapons and equipment purchased using the Counter-ISIS Train and Equip Fund in the - previous fiscal year; and - ``(2) a detailed description of the incremental costs for - operations and maintenance for Operation Inherent Resolve in - the previous fiscal year.''. - (e) Budget Display Submission.-- - (1) In general.--The Secretary of Defense shall include in - the budget materials submitted by the Secretary in support of - the budget of the President (as submitted to Congress pursuant - to section 1105 of title 31, United States Code) for each of - fiscal years 2022 and 2023 a detailed budget display for funds - requested for the Department of Defense for such fiscal year - for Operation Inherent Resolve. - (2) Matters to be included.--The detailed budget display - required under paragraph (1) shall include the following: - (A) With respect to procurement accounts-- - (i) amounts displayed by account, budget - activity, line number, line item, and line item - title; and - (ii) a description of the requirements for - each such amount. - (B) With respect to research, development, test, - and evaluation accounts-- - (i) amounts displayed by account, budget - activity, line number, program element, and - program element title; and - (ii) a description of the requirements for - each such amount. - (C) With respect to operation and maintenance - accounts-- - (i) amounts displayed by account title, - budget activity title, line number, and - subactivity group title; and - (ii) a description of the specific manner - in which each such amount would be used. - (D) With respect to military personnel accounts-- - (i) amounts displayed by account, budget - activity, budget subactivity, and budget - subactivity title; and - (ii) a description of the requirements for - each such amount. - (E) With respect to each project under military - construction accounts (including with respect to - unspecified minor military construction and amounts for - planning and design), the country, location, project - title, and project amount for each fiscal year. - -SEC. 1222. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO THE VETTED - SYRIAN OPPOSITION. - - (a) In General.--Subsection (a) of section 1209 of the Carl Levin -and Howard P. ``Buck'' McKeon National Defense Authorization Act for -Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3451) is amended by -striking ``December 31, 2020'' and inserting ``December 31, 2021''. + prior fiscal year; + (C) a list and description of activities and exercises + carried out under the operation during the prior fiscal year; + (D) a description of the purpose and goals of such + activities and exercises and an assessment of the degree to + which stated goals were achieved during the prior fiscal year; + (E) a description of criteria used to judge the + effectiveness of joint exercises and other efforts to build + partner capacity under the operation during the prior fiscal + year; + (F) a description of the forces deployed under the + operation, their deployment locations, and activities + undertaken; + (G) the information required under paragraph (3); and + (H) any other matters the Secretary determines appropriate. + (3) Elements of budgetary details.--At a minimum, the budgetary + details accompanying the report required by paragraph (1)-- + (A) shall include-- + (i) a description of expenditures related to the + operation for the fiscal year preceding the fiscal year of + the budget covered by the report; + (ii) with respect to the amount requested for the + operation in the budget covered by the report-- + + (I) any significant change in methodology used to + determine the budgetary details included in the report + and the categories used to organize such details; and + (II) a narrative justification for any significant + changes in the amount requested as compared to the + amount requested and the amount expended for the fiscal + year preceding the fiscal year of the budget covered by + the report; and + + (iii) with respect to the estimated direct and indirect + expenditures for the operation in the budget covered by the + report-- + + (I) detailed information on the estimated direct + expenditures and indirect expenditures broken down by + category (including with respect to operations, force + protection, in-theater support, equipment reset and + readiness, military construction, mobilization, + incremental and total deployment costs, and exercises) + and any additional accounts and categories the + Secretary determines to be relevant; and + (II) a description of the methodology and metrics + used by the Secretary to define the contribution of + indirect costs to the operation or an explanation of + pro-rated amounts based on the level of support + provided to the operation; and + + (B) may include a breakdown of expenditures and the amount + requested for the operation in the budget covered by the report + by line item, including with respect to procurement accounts, + military personnel accounts, operation and maintenance + accounts, research, development, test, and evaluation accounts, + and military construction accounts. + (4) Form.--The report and accompanying budget details required + by paragraph (1) shall be submitted in unclassified form, but may + include a classified annex. + (5) Sunset.--The requirements of this subsection shall + terminate on the date on which Operation Inherent Resolve (or a + successor operation) concludes. + (6) Definitions.--In this subsection: + (A) The term ``direct expenditures'' means, with respect to + amounts expended or estimated to be expended for Operation + Inherent Resolve, amounts used directly for supporting counter- + ISIS activities and missions. + (B) The term ``indirect expenditures'' means, with respect + to amounts expended or estimated to be expended for Operation + Inherent Resolve, amounts used for programs or activities that + the Secretary of Defense determines enable the Armed Forces to + carry out the operation. +SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE +ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS. + (a) In General.--Section 1209 of the Carl Levin and Howard P. +``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 +(Public Law 113-291; 128 Stat. 3451) is amended-- + (1) in the section heading, by striking ``the vetted syrian + opposition'' and inserting ``vetted syrian groups and + individuals''; and + (2) in subsection (a), by striking ``December 31, 2020'' and + inserting ``December 31, 2021''. (b) Notice Before Provision of Assistance.--Subsection (b)(2)(A) of -such section is amended by striking ``fiscal year 2019 or fiscal year -2020'' and inserting ``fiscal year 2019, fiscal year 2020, or fiscal -year 2021''. +such section is amended-- + (1) by striking ``10-percent'' and inserting ``25-percent''; + and + (2) by striking ``fiscal year 2019 or fiscal year 2020'' and + inserting ``fiscal year 2019, fiscal year 2020, or fiscal year + 2021''. (c) Certification.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the -Committee on Armed Services and the Committee on Foreign Affairs of the -House of Representatives and the Committee on Armed Services and the -Committee on Foreign Relations of the Senate that no United States -military forces are being used or have been used for the extraction, -transport, transfer, or sale of oil from Syria. - -SEC. 1223. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES - OF THE OFFICE OF SECURITY COOPERATION IN IRAQ. - - Section 1215 of the National Defense Authorization Act for Fiscal -Year 2012 (10 U.S.C. 113 note) is amended-- - (1) in subsections (c) and (d), by striking ``fiscal year - 2020'' each place it appears and inserting ``each of fiscal - years 2020 and 2021''; and - (2) in subsection (h), by striking ``Of the amount made - available for fiscal year 2020 to carry out section 1215 of the - National Defense Authorization Act for Fiscal Year 2012, not - more than $20,000,000'' and inserting ``Of the amounts made - available for fiscal years 2020 and 2021 to carry out this - section, not more than $20,000,000 for each such fiscal year''. - +congressional defense committees, the Committee on Foreign Relations of +the Senate, and the Committee on Foreign Affairs of the House of +Representatives that no United States military forces are being used or +have been used for the extraction, transport, transfer, or sale of oil +from Syria. +SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT +OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN +IRAQ. + (a) Limitation on Amount.--Subsection (c) of section 1215 of the +National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 +note) is amended-- + (1) by striking ``fiscal year 2020'' and inserting ``fiscal + year 2021''; and + (2) by striking ``$30,000,000'' and inserting ``$25,000,000''. + (b) Source of Funds.--Subsection (d) of such section is amended by +striking ``fiscal year 2020'' and inserting ``fiscal year 2021''. + (c) Limitation on Availability of Funds.--Subsection (h) of such +section is amended to read as follows: + ``(h) Limitation on Availability of Funds.--Of the amount made +available for fiscal year 2021 to carry out this section, not more than +$15,000,000 may be obligated or expended for the Office of Security +Cooperation in Iraq until the date on which the Secretary of Defense +provides to the congressional defense committees, the Committee on +Foreign Affairs of the House of Representatives, and the Committee on +Foreign Relations of the Senate the following: + ``(1) A staffing plan to reorganize the Office in a manner + similar to that of other security cooperation offices in the region + that-- + ``(A) emphasizes the placement of personnel with regional + or security cooperation expertise in key leadership positions; + ``(B) closes duplicative or extraneous sections; + ``(C) includes the number and type of validated billets + funded by the Department of Defense necessary to support the + Office; and + ``(D) outlines the process and provides a timeline for + validating billets funded by the Department of State necessary + to support the Office. + ``(2) A progress report with respect to the initiation of + bilateral engagement with the Government of Iraq with the objective + of establishing a joint mechanism for security assistance planning, + including a five-year security assistance roadmap for developing + sustainable military capacity and capabilities and enabling defense + institution building and reform. + ``(3) A plan to transition the preponderance of funding for the + activities of the Office from current sources to the Foreign + Military Financing Administrative Fund and the Foreign Military + Sales Trust Fund Administrative Surcharge Account in future + years.''. SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF - SUPPORT TO CERTAIN ORGANIZATIONS. - +SUPPORT TO CERTAIN ORGANIZATIONS. None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2021 may be used to knowingly provide weapons or any other form of @@ -26184,3153 +30182,3938 @@ support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat Fateh al Sham, Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab, Islamic Revolutionary Guard Corps, or any individual or group affiliated with any such organization. - -SEC. 1225. CONSOLIDATED BUDGET DISPLAY AND REPORT ON OPERATION SPARTAN - SHIELD. - - (a) Budget Display Submission.-- - (1) In general.--The Secretary of Defense shall include in - the budget materials submitted by the Secretary in support of - the budget of the President (as submitted to Congress pursuant - to section 1105 of title 31, United States Code) for each of - fiscal years 2022 and 2023 a detailed budget display for funds - requested for the Department of Defense for such fiscal year - for Operation Spartan Shield and Iran deterrence-related - programs and activities of the Department of Defense in the - United States Central Command area of operation. - (2) Matters to be included.--The detailed budget display - required under paragraph (1) shall include the following: - (A) With respect to procurement accounts-- - (i) amounts displayed by account, budget - activity, line number, line item, and line item - title; and - (ii) a description of the requirements for - each such amount. - (B) With respect to research, development, test, - and evaluation accounts-- - (i) amounts displayed by account, budget - activity, line number, program element, and - program element title; and - (ii) a description of the requirements for - each such amount. - (C) With respect to operation and maintenance - accounts-- - (i) amounts displayed by account title, - budget activity title, line number, and - subactivity group title; and - (ii) a description of the specific manner - in which each such amount would be used. - (D) With respect to military personnel accounts-- - (i) amounts displayed by account, budget - activity, budget subactivity, and budget - subactivity title; and - (ii) a description of the requirements for - each such amount. - (E) With respect to each project under military - construction accounts (including with respect to - unspecified minor military construction and amounts for - planning and design), the country, location, project - title, and project amount for each fiscal year. - (b) Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, and annually thereafter in - conjunction with the submission of the budget of President (as - submitted to Congress pursuant to section 1105 of title 31, - United States Code) for each of fiscal years 2022 and 2023, the - Secretary of Defense shall submit to the Committee on Armed - Services of the House of Representatives and the Committee on - Armed Services of the Senate a report on Operation Spartan - Shield. - (2) Matters to be included.--The report required by - paragraph (1) should include-- - (A)(i) for the first report, a history of the - operation and its objectives; and - (ii) for each subsequent report, a description of - the operation and its objectives during the prior year; - (B) a list and description of significant - activities and exercises carried out under the - operation during the prior year; - (C) a description of the purpose and goals of such - activities and exercises and an assessment of the - degree to which stated goals were achieved during the - prior year; - (D) a description of criteria used to judge the - effectiveness of joint exercises to build partner - capacity under the operation during the prior year; - (E) an identification of incremental and estimated - total costs of the operation during the prior year, - including a separate identification of incremental - costs of increased force presence in the United States - Central Command area of responsibility to counter Iran - since May 2019; and - (F) any other matters the Secretary determines - appropriate. - (3) Form.--The report required by paragraph (1) shall be - submitted in unclassified form but may include a classified - annex. - -SEC. 1226. SENSE OF CONGRESS ON PESHMERGA FORCES AS A PARTNER IN - OPERATION INHERENT RESOLVE. - - It is the sense of Congress that-- - (1) the Peshmerga of the Kurdistan Region of Iraq have - made, and continue to make, significant contributions to the - security of Northern Iraq, by defending nearly 650 miles of - critical terrain, to degrade, dismantle, and ultimately defeat - the Islamic State of Iraq and Syria (ISIS) in Iraq as a partner - in Operation Inherent Resolve; - (2) although ISIS has been severely degraded, their - ideology and combatants still linger and pose a threat of - resurgence if regional security is not sustained; - (3) a strong Peshmerga and Kurdistan Regional Government is - critical to maintaining a stable and tolerant Iraq in which all - faiths, sects, and ethnicities are afforded equal protection - under the law and full integration into the Government and - society of Iraq; - (4) continued security assistance, as appropriate, to the - Ministry of Peshmerga Affairs of the Kurdistan Region of Iraq - in support of counter-ISIS operations, in coordination with the - Government of Iraq, is critical to United States national - security interests; and - (5) continued United States support to the Peshmerga, - coupled with security sector reform in the region, will enable - them to more effectively partner with other elements of the - Iraqi Security Forces, the United States, and other coalition - members to consolidate gains, hold territory, and protect - infrastructure from ISIS and its affiliates in an effort to - deal a lasting defeat to ISIS and prevent its reemergence in - Iraq. - -SEC. 1227. REPORT ON THE THREAT POSED BY IRANIAN-BACKED MILITIAS IN - IRAQ. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense, in consultation with -the Secretary of State, shall submit to the appropriate congressional -committees a report on the short- and long-term threats posed by -Iranian-backed militias in Iraq to Iraq and to United States persons -and interests. - (b) Elements.--The report required by subsection (a) shall include -the following: - (1) A detailed description of acts of violence and - intimidation that Iranian-backed militias in Iraq have - committed against Iraqi civilians during the previous 2 years. - (2) A detailed description of the threat that Iranian- - backed militias in Iraq pose to United States persons in Iraq - and in the Middle East, including United States Armed Forces - and diplomats. - (3) A detailed description of the threat Iranian-backed - militias in Iraq pose to United States partners in the region. - (4) A detailed description of the role that Iranian-backed - militias in Iraq play in Iraq's armed forces and security - services, including Iraq's Popular Mobilization Forces. - (5) An assessment of whether and to what extent any - Iranian-backed militia in Iraq, or member of such militia, had - illicit access to United States-origin defense equipment - provided to Iraq since 2014 and the response from the - Government of Iraq to each incident. - (c) Form.--The report required by subsection (a) shall be submitted -in unclassified form, but may include a classified annex only if such -annex is provided separately from the unclassified report. - (d) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Armed Services and the Committee on - Foreign Affairs of the House of Representatives; and - (2) the Committee on Armed Services and the Committee - Foreign Relations of the Senate. +SEC. 1225. REPORT AND BUDGET DETAILS REGARDING OPERATION SPARTAN +SHIELD. + (a) Report Required.--At the same time as the submission of the +budget of the President (as submitted to Congress pursuant to section +1105 of title 31, United States Code) for fiscal year 2022 and each +fiscal year thereafter, the Secretary of Defense shall submit a report +with accompanying budgetary details regarding Operation Spartan Shield. + (b) Elements of Report.--At a minimum, the report required by +subsection (a) shall include-- + (1)(A) for the first report, a history of the operation and its + objectives; and + (B) for each subsequent report, a description of the operation + and its objectives during the prior fiscal year; + (2) a list and description of activities and exercises carried + out under the operation during the prior fiscal year; + (3) a description of the purpose and goals of such activities + and exercises and an assessment of the degree to which stated goals + were achieved during the prior fiscal year; + (4) a description of criteria used to judge the effectiveness + of joint exercises and other efforts to build partner capacity + under the operation during the prior fiscal year; + (5) a description of the forces deployed under the operation, + their deployment locations, and activities undertaken; + (6) the information required under subsection (c); and + (7) any other matters the Secretary determines appropriate. + (c) Elements of Budgetary Details.--At a minimum, the budgetary +details accompanying the report required by subsection (a)-- + (1) shall include-- + (A) a description of expenditures related to the operation + for the fiscal year preceding the fiscal year of the budget + covered by the report; + (B) with respect to the amount requested for the operation + in the budget covered by the report-- + (i) any significant change in methodology used to + determine the budgetary details included in the report and + the categories used to organize such details; and + (ii) a narrative justification for any significant + changes in the amount requested as compared to the amount + requested and the amount expended for the fiscal year + preceding the fiscal year of the budget covered by the + report; and + (C) with respect to the estimated direct and indirect + expenditures for the operation in the budget covered by the + report-- + (i) detailed information on the estimated direct + expenditures and indirect expenditures broken down by + category (including with respect to operations, force + protection, in-theater support, equipment reset and + readiness, military construction, mobilization, incremental + and total deployment costs, and exercises) and any + additional accounts and categories the Secretary determines + to be relevant; and + (ii) a description of the methodology and metrics used + by the Secretary to define the contribution of indirect + costs to the operation or an explanation of pro-rated + amounts based on the level of support provided to the + operation; and + (2) may include a breakdown of expenditures and the amount + requested for the operation in the budget covered by the report by + line item, including with respect to procurement accounts, military + personnel accounts, operation and maintenance accounts, research, + development, test, and evaluation accounts, and military + construction accounts. + (d) Form.--The report and accompanying budget details required by +subsection (a) shall be submitted in unclassified form, but may include +a classified annex. + (e) Sunset.--The requirements of this section shall terminate on +the date on which Operation Spartan Shield (or a successor operation) +concludes. + (f) Definitions.--In this section: + (1) The term ``direct expenditures'' means, with respect to + amounts expended or estimated to be expended for Operation Spartan + Shield, amounts used directly for supporting deterrence activities + and missions. + (2) The term ``indirect expenditures'' means, with respect to + amounts expended or estimated to be expended for Operation Spartan + Shield, amounts used for programs or activities that the Secretary + of Defense determines enable the Armed Forces to carry out the + operation. Subtitle D--Matters Relating to Russia -SEC. 1231. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY - OF THE RUSSIAN FEDERATION OVER CRIMEA. - +SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE +UNITED STATES AND THE RUSSIAN FEDERATION. + Section 1232(a) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488) is amended by +striking ``, 2019, or 2020'' and inserting ``2019, 2020, or 2021''. +SEC. 1232. MATTERS RELATING TO UNITED STATES PARTICIPATION IN THE OPEN +SKIES TREATY. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the decision of the United States to withdraw from the Open + Skies Treaty, while taken in accordance with paragraph 2 of Article + XV of the Treaty, did not comply with the requirement in section + 1234(a) of the National Defense Authorization Act for Fiscal Year + 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not + fewer than 120 days prior to any such announcement; and + (2) in the future, confidence and security building measures + that are designed to reduce the risk of conflict, increase trust + among participating states, and contribute to military transparency + should continue to play a central role in United States' engagement + with Europe and its efforts to promote transatlantic security. + (b) Notification Required.-- + (1) In general.--Not later than 90 days after withdrawal of the + United States from the Open Skies Treaty pursuant to Article XV of + the Treaty, the Secretary of Defense and the Secretary of State + shall jointly submit to the appropriate congressional committees-- + (A) a notification and description of any agreements that + the United States has concluded with other state parties to the + Treaty that host United States military forces and assets to + ensure that after such withdrawal the United States will be + provided sufficient notice by such state parties of requests + for observation flights over the territories of such state + parties under the Treaty; or + (B) if the United States has not concluded any such + agreements described in subparagraph (A), a description of how + the United States will consistently and reliably be provided + with sufficient warning of observation flights described in + subparagraph (A) by other means, including a description of + assets and personnel and policy implications of using such + other means. + (2) Submission of agreements.--Not later than 90 days after + withdrawal of the United States from the Open Skies Treaty pursuant + to Article XV of the Treaty, the Secretary of Defense and the + Secretary of State shall jointly submit to the appropriate + congressional committees copies of the agreements described in + paragraph (1)(A). + (c) Report.-- + (1) In general.--Not later than March 1, 2021, the Secretary of + Defense and the Secretary of State, in coordination with the + Director of National Intelligence and the Under Secretary of + Defense for Intelligence and Security, shall jointly submit to the + appropriate congressional committees a report on the effects of a + withdrawal of the United States from the Open Skies Treaty. + (2) Matters to be included.--The report required by paragraph + (1) shall include the following: + (A) A description of how the United States will replace the + military-to-military contacts and diplomatic engagement + opportunities with United States allies provided by the Treaty. + (B) A description of-- + (i) the options available to the United States for + obtaining unclassified, publicly-releasable imagery similar + to that which it currently receives under the Treaty, and + if any of those options are planned to be used; + (ii) if national technical means are used as a + replacement to obtain such imagery-- + + (I) how the requirements previously satisfied by + collection under the Treaty will be prioritized within + the National Intelligence Priorities Framework; + (II) options for mitigating any gaps in collection + should such mitigation be necessary, and if any of + those options are planned to be used, and if none are + necessary, an explanation of the rationale for not + mitigating any such gaps; and + (III) requirements and timelines for + declassification of imagery for public release; and + + (iii) if commercial imagery is used as a replacement to + obtain such imagery-- + + (I) contractual actions and associated timelines + needed to purchase such imagery; + (II) estimated costs to purchase commercial imagery + equivalent to that which is obtained under the Treaty; + and + (III) estimates of costs to share such imagery with + other state parties to the Treaty. + + (C) A description of options available to the United States + for replacing intelligence information, other than imagery, + obtained pursuant to the implementation of the Treaty, and if + any of those options are planned to be used. + (D) A description of the options available to the United + States for continuing dialogue with Russia in a manner similar + to the formal communications mechanisms provided for under the + Treaty or that were used as confidence-building measures, and + if any of those options are planned to be used. + (E) All unedited responses to the questionnaire provided to + United States allies by the United States in 2019 and all + official statements provided to the United States by United + States allies in 2019 or 2020 relating to United States + withdrawal from the Treaty. + (F) An assessment of the impact of such withdrawal on-- + (i) United States leadership in the North Atlantic + Treaty Organization (NATO); and + (ii) cohesion and cooperation among NATO member states. + (G) A description of options to continue confidence- + building measures similar to those provided for under the + Treaty with other state parties to the Treaty that are United + States allies and which, if any, the United States may consider + pursuing. + (H) An assessment by the Defense Intelligence Agency of the + impact of such withdrawal on-- + (i) its ability to assess Russian military capabilities + and the balance of forces in Europe; and + (ii) the ability of Russia to assess United States + military capabilities in the United States and in Europe. + (I) A description of the means the United States will use + to influence future decisions regarding certifications of new + sensors, such as synthetic aperture radar sensors, under the + Treaty that could pose additional risk to deployed United + States military forces and assets, and an assessment of their + potential effectiveness. + (3) Form.--The report required by paragraph (1) shall be + submitted in unclassified form but may contain a classified annex. + (d) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional defense committees; + (B) the Committee on Foreign Affairs and the Permanent + Select Committee on Intelligence of the House of + Representatives; and + (C) the Committee on Foreign Relations and the Select + Committee on Intelligence of the Senate. + (2) Observation flight.--The term ``observation flight'' has + the meaning given such term in Article II of the Open Skies Treaty. + (3) Open skies treaty; treaty.--The term ``Open Skies Treaty'' + or ``Treaty'' means the Treaty on Open Skies, done at Helsinki + March 24, 1992, and entered into force January 1, 2002. +SEC. 1233. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY +OF THE RUSSIAN FEDERATION OVER CRIMEA. (a) Prohibition.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea. (b) Waiver.--The Secretary of Defense, with the concurrence of the -Secretary of State, may waive the restriction on the obligation or -expenditure of funds required by subsection (a) if the Secretary of -Defense-- - (1) determines that to do so is in the national security - interest of the United States; and - (2) submits a notification of the waiver, at the time the - waiver is invoked, to the Committee on Armed Services and the - Committee on Foreign Affairs of the House of Representatives - and the Committee on Armed Services and the Committee on - Foreign Relations of the Senate. - -SEC. 1232. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE - UNITED STATES AND THE RUSSIAN FEDERATION. - - Section 1232(a) of the National Defense Authorization Act for -Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by -striking ``, 2019, or 2020'' and inserting ``2019, 2020, or 2021''. +Secretary of State, may waive the prohibition under subsection (a) if +the Secretary of Defense-- + (1) determines that a waiver is in the national security + interest of the United States; and + (2) on the date on which the waiver is invoked, submits a + notification of the waiver and a justification of the reason for + seeking the waiver to-- + (A) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate; and + (B) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives. +SEC. 1234. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS +INVOLVING THE RUSSIAN FEDERATION. + (a) Report Required.--Not later than June 1 of each year, the +Secretary of Defense, in consultation with the heads of other relevant +Federal agencies, shall submit to the appropriate congressional +committees a report, in both classified and unclassified form, on the +security and military strategies and capabilities of the Russian +Federation (in this section referred to as ``Russia''). + (b) Matters To Be Included.--The report required under subsection +(a) shall include the following: + (1) An assessment of the security priorities and objectives of + Russia, including those priorities and objectives that would affect + the North Atlantic Treaty Organization (NATO), the Middle East, and + the People's Republic of China. + (2) A description of the goals and factors shaping Russian + security strategy and military strategy, including military + spending and investment priorities and their alignment with the + security priorities and objectives described in paragraph (1). + (3) A description of developments in Russian military doctrine + and training. + (4) An assessment of the force structure of the Russian + military. + (5) An assessment of the force structure and capabilities of + Russian military forces stationed in each of the Arctic, + Kaliningrad, and Crimea, including a description of any changes to + such force structure or capabilities during the one-year period + ending on the date of such report and with a particular emphasis on + the anti-access and area denial capabilities of such forces. + (6) An assessment of Russian military strategy and objectives + for the Arctic region. + (7) A description of the status of testing, production, + deployment, and sale or transfer to other states or non-state + actors of cruise missile systems by the Russian Federation. + (8) A description of Russia's current missile defense strategy + and capabilities, including efforts to develop missile defense + capabilities. + (9) An assessment of the tactics, techniques, and procedures + used by Russia in operations in Ukraine. + (10) An assessment of Russia's diplomatic, economic, and + intelligence operations in Ukraine. + (11) A summary of all significant Russian military-to-military + cooperation with foreign militaries, major training and exercises, + and foreign military deployments, including listing for each + deployment the estimated number of forces deployed, the types of + capabilities deployed (including any advanced weapons), the length + of deployment as of such date, and, if known, any military-to- + military agreement such as a basing agreement with the host nation. + (12) An assessment of the proliferation activities of Russia + and Russian entities, as a supplier of materials, technologies, or + expertise relating to nuclear weapons or other weapons of mass + destruction or missile systems. + (13) Developments in Russia's nuclear program, including the + size and state of Russia's stockpile, an analysis of the nuclear + strategy and associated doctrine of Russia and of the capabilities, + range, and readiness of all Russian nuclear systems and delivery + methods. + (14) A description of Russia's anti-access and area denial + capabilities. + (15) A description of Russia's modernization program for its + command, control, communications, computers, intelligence, + surveillance, and reconnaissance program and its applications for + Russia's precision guided weapons. + (16) In consultation with the Secretary of Energy and the + Secretary of State, developments regarding United States-Russian + engagement and cooperation on security matters. + (17) A description of Russia's asymmetric capabilities, + including its strategy and efforts to develop and deploy electronic + warfare, space and counterspace, and cyber warfare capabilities, + including details on the number of malicious cyber incidents and + associated activities against Department of Defense networks that + are known or suspected to have been conducted or directed by the + Government of the Russian Federation. + (18) An assessment of Russia's hybrid warfare strategy and + capabilities, including-- + (A) Russia's information warfare strategy and capabilities, + including the use of misinformation, disinformation, and + propaganda in social and traditional media; + (B) Russia's financing of political parties, think tanks, + media organizations, and academic institutions; + (C) Russia's malicious cyber activities; + (D) Russia's use of coercive economic tools, including + sanctions, market access, and differential pricing, especially + in energy exports; and + (E) Russia's use of criminal networks and corruption to + achieve political objectives. + (19) An assessment of attempts by Russia, or any foreign person + acting as an agent of or on behalf of Russia, during the preceding + year to knowingly disseminate Russian-supported disinformation or + propaganda, through social media applications or related Internet- + based means, to members of the Armed Forces with probable intent to + cause injury to the United States or advantage the Government of + the Russian Federation. + (20) The current state and summary of United States military- + to-military cooperation with Russia's armed forces during the one- + year period ending on the date that is one month before the date of + submission of the report, including a summary of topics discussed. + (21) A description of any military-to-military cooperation + planned for the 12-month period beginning on the date of submission + of the report and an assessment by the Secretary of Defense of the + benefits the Department of Defense expects to gain from such + military-to-military cooperation as well as any concerns regarding + such cooperation. + (22) A description of changes to United States policy on + military-to-military contacts with Russia resulting from Russia's + annexation of Crimea. + (23) A description and assessment of efforts by the Russian + Federation and associated agents, entities, and proxies to support + or encourage attacks against Armed Forces and personnel of the + United States engaged in named contingency operations or combat. + (24) Other military and security developments involving Russia + that the Secretary of Defense considers relevant to United States + national security. + (c) Nonduplication.--If any information required under subsection +(b) has been included in another report or notification previously +submitted to Congress as required by law, the Secretary of Defense may +provide a list of such reports and notifications at the time of +submitting the report required by subsection (a) in lieu of including +such information in the report required by subsection (a). + (d) Publishing Requirement.--Upon submission of the report required +under subsection (a) in both classified and unclassified form, the +Secretary of Defense shall publish the unclassified form on the website +of the Department of Defense. + (e) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate; and + (2) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives. + (f) Repeal.--Section 1245 of the Carl Levin and Howard P. ``Buck'' +McKeon National Defense Authorization Act for Fiscal Year 2015 (Public +Law 113-291; 128 Stat. 3566) is hereby repealed. + (g) Sunset.--This section shall terminate on January 31, 2026. +SEC. 1235. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE +INITIATIVE. + Section 1250 of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended-- + (1) in subsection (c)-- + (A) in paragraph (1), by striking ``50 percent of the funds + available for fiscal year 2020 pursuant to subsection (f)(5)'' + and inserting ``50 percent of the funds available for fiscal + year 2021 pursuant to subsection (f)(6)''; + (B) in paragraph (2)(B)-- + (i) in clause (iv), by striking ``; and'' at the end + and inserting a semicolon; + (ii) in clause (v), by striking the period at the end + and inserting a semicolon; and + (iii) by adding at the end the following: + ``(vi) transformation of command and control structures + and roles in line with North Atlantic Treaty Organization + principles; and + ``(vii) improvement of human resources management, + including to support career management reforms, enhanced + social support to military personnel and their families, + and professional military education systems.''; + (C) in paragraph (3), by striking ``fiscal year 2020'' and + inserting ``fiscal year 2021''; and + (D) in paragraph (5) to read as follows: + ``(5) Lethal assistance.--Of the funds available for fiscal + year 2021 pursuant to subsection (f)(6), $75,000,000 shall be + available only for lethal assistance described in paragraphs (2), + (3), (11), (12), (13), and (14) of subsection (b).''; + (2) in subsection (f), by adding at the end the following: + ``(6) For fiscal year 2021, $250,000,000.''; and + (3) in subsection (h), by striking ``December 31, 2022'' and + inserting ``December 31, 2023''. +SEC. 1236. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF MILITARY +FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY ASSISTANCE. + (a) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense and the Secretary of +State shall jointly submit to the appropriate committees of Congress a +report on the capability and capacity requirements of the military +forces of the Government of Ukraine, which shall include the following: + (1) An identification of the capability gaps and capacity + shortfalls of the military of Ukraine, including-- + (A) an assessment of the requirements of the Ukrainian navy + to accomplish its assigned missions; and + (B) an assessment of the requirements of the Ukrainian air + force to accomplish its assigned missions. + (2) An assessment of the relative priority assigned by the + Government of Ukraine to addressing such capability gaps and + capacity shortfalls. + (3) An assessment of the capability gaps and capacity + shortfalls that-- + (A) could be addressed in a sufficient and timely manner by + unilateral efforts of the Government of Ukraine; or + (B) are unlikely to be addressed in a sufficient and timely + manner solely through unilateral efforts. + (4) An assessment of the capability gaps and capacity + shortfalls described in paragraph (3)(B) that could be addressed in + a sufficient and timely manner by-- + (A) the Ukraine Security Assistance Initiative of the + Department of Defense; + (B) Department of Defense security assistance authorized by + section 333 of title 10, United States Code; + (C) the Foreign Military Financing and Foreign Military + Sales programs of the Department of State; or + (D) the provision of excess defense articles pursuant to + the requirements of the Arms Export Control Act (22 U.S.C. 2751 + et seq.). + (5) An assessment of the human resource requirements of the + Office of Defense Cooperation at the United States Embassy in Kyiv + and any gaps in its capacity to transfer and facilitate security + assistance to Ukraine. + (6) Any recommendations the Secretaries deem appropriate + concerning coordination of security assistance efforts of the + Department of Defense and Department of State with respect to + Ukraine. + (b) Resource Plan.--Not later than February 15, 2022, the Secretary +of State and Secretary of Defense shall jointly submit to the +appropriate committees of Congress a report on resourcing United States +security assistance with respect to Ukraine, which shall include the +following: + (1) A plan to resource the following initiatives and programs + with respect to Ukraine in fiscal year 2023 and the four succeeding + fiscal years to assist Ukraine in meeting the most critical + capability gaps and capacity shortfalls of the military forces of + Ukraine: + (A) The Ukraine Security Assistance Initiative of the + Department of Defense. + (B) Department of Defense security assistance authorized by + section 333 of title 10, United States Code. + (C) The Foreign Military Financing and Foreign Military + Sales programs of the Department of State. + (D) The provision of excess defense articles pursuant to + the requirements of the Arms Export Control Act (22 U.S.C. 2751 + et seq.). + (2) With respect to the Ukrainian navy: + (A) A capability development plan, with milestones, + describing the manner in which the United States will assist + the Government of Ukraine in meeting the requirements described + in subsection (a)(1)(A). + (B) A plan for United States cooperation with third + countries and international organizations that have the + resources and ability to provide immediate assistance to the + Ukrainian navy, while maintaining interoperability with United + States platforms to the extent feasible. + (C) A plan to prioritize Excess Defense Articles for the + Ukrainian navy to the maximum extent practicable during the + time period described in paragraph (1). + (D) An assessment of the extent to which United States + security assistance to the Ukrainian navy is in the national + security interests of the United States. + (3) With respect to the Ukrainian air force-- + (A) a capability development plan, with milestones, + detailing how the United States will assist the Government of + Ukraine in meeting the requirements described in subsection + (a)(1)(B); + (B) a plan for United States cooperation with third + countries and international organizations that have the + resources and ability to provide immediate assistance to the + Ukrainian air force, while maintaining interoperability with + United States platforms to the extent feasible; + (C) a plan to prioritize excess defense articles for the + Ukraine air force to the maximum extent practicable during the + time period described in paragraph (1); + (D) an assessment of the extent to which United States + security assistance to the Ukrainian air force is in the + national security interests of the United States. + (4) An assessment of the progress on defense institutional + reforms in Ukraine, including in the Ukrainian navy and air force, + in the time period described in paragraph (1) that will be + essential for-- + (A) enabling effective use and sustainment of capabilities + developed under security assistance authorities described in + this section; + (B) enhancing the defense of Ukraine's sovereignty and + territorial integrity; + (C) achieving the Government of Ukraine's stated goal of + meeting NATO standards; and + (D) allowing Ukraine to achieve its full potential as a + strategic partner of the United States. + (c) Form.--The report required under subsection (a) and the +resource plan required under subsection (b) shall each be submitted in +a classified form with an unclassified summary. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on Foreign + Relations, and the Committee on Appropriations of the Senate; and + (2) the Committee on Armed Services, the Committee on Foreign + Affairs, and the Committee on Appropriations of the House of + Representatives. +SEC. 1237. REPORT ON RUSSIAN FEDERATION SUPPORT OF RACIALLY AND +ETHNICALLY MOTIVATED VIOLENT EXTREMISTS. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence and the +Secretary of Defense, with the concurrence of the Secretary of State +and in consultation with the head of any other relevant Federal +department or agency, shall jointly submit to the appropriate +committees of Congress a report on Russian Federation support of +foreign racially and ethnically motivated violent extremist groups and +networks, including such support-- + (1) provided by agents and entities of the Russian Federation + acting at the direction or for the benefit of the Government of the + Russian Federation; and + (2) as it relates to undermining stability and security and + fomenting or sustaining conflict. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A list of each foreign racially or ethnically motivated + violent extremist group or network known to meet, or suspected of + meeting, any of the following criteria: + (A) The group or network has been targeted or recruited by + the security services of the Russian Federation. + (B) The group or network has received support (including + training, disinformation or amplification on social media + platforms, financial support, and any other support) from the + Russian Federation or an agent or entity of the Russian + Federation acting at the direction or for the benefit of the + Government of the Russian Federation. + (C) The group has leadership or a base of operations + located within the Russian Federation and operates or maintains + a chapter or network of the group outside the Russian + Federation. + (2) For each such group or network-- + (A) an overview of the membership, ideology, and + activities; + (B) a description of the leadership, plans, intentions, and + capabilities; + (C) a description of the composition and characteristics, + including an assessment whether and to what extent the members + of the group or network are also part of a military, security + service, or police force; + (D) a description of financing and other forms of material + support received from the Russian Federation; + (E) an assessment whether and to what extent the group or + network is engaged in or facilitating military or paramilitary + training; + (F) an assessment of trends and patterns relating to + communications, travel, and training carried out between such + group or network and the Russian Federation; and + (G) an opportunity analysis with respect to mitigating and + disrupting the transnational nexus between such group or + network and the Russian Federation. + (3) An assessment of the manner in which Russian Federation + support of such groups or networks aligns with the strategic + interests of the Russian Federation with respect to geopolitical + competition. + (4) An assessment of the impact and role of such groups or + networks in destabilizing or influencing conflict zones or regional + tensions, including by-- + (A) assisting Russian Federation-backed separatist forces + in the Donbas region of Ukraine; + (B) destabilizing security on the Crimean peninsula of + Ukraine; + (C) undermining stability and security in the Balkans; or + (D) threatening the support for the North Atlantic Treaty + Organization in Southeastern Europe. + (5) A description of any relationship or affiliation between + such groups or networks and ultranationalist or extremist political + parties within or outside the Russian Federation, and an assessment + of the manner in which the Russian Federation may use such a + relationship or affiliation to advance the strategic interests of + the Russian Federation. + (6) A description of the use by the Russian Federation of + social media platforms to support or amplify the presence or + messaging of such groups or networks outside of the Russian + Federation, and an assessment of efforts by the United States, + partners, and allies to counter such support or amplification. + (7) An assessment of the nature and extent of the threat that + Russian Federation support of such groups or networks poses to + United States counterterrorism efforts and other national security + interests. + (8) Recommendations, consistent with a whole-of-government + approach to countering Russian Federation information warfare and + malign influence operations-- + (A) to mitigate the security threat posed by such groups or + networks; or + (B) to reduce or counter Russian Federation support for + such groups or networks. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form but may include a classified annex. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on Foreign + Relations, and the Select Committee on Intelligence of the Senate; + and + (2) the Committee on Armed Services, the Committee on Foreign + Affairs, and the Permanent Select Committee on Intelligence of the + House of Representatives. +SEC. 1238. AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION ON +FOREIGN ELECTION INTERFERENCE. + Section 36 of the State Department Basic Authorities Act of 1956 +(22 U.S.C. 2708) is amended-- + (1) in subsection (a)(2), by inserting ``foreign election + interference,'' before ``transnational organized crime''; + (2) in subsection (b)-- + (A) in paragraph (5), by striking ``or (10)'' and inserting + ``(10), or (13)''; + (B) in paragraph (11), by striking ``or'' after the + semicolon at the end; + (C) in paragraph (12)-- + (i) by striking ``sections'' and inserting ``section''; + (ii) by striking ``or (b)(1)'' and inserting ``or + 2914(b)(1)''; and + (iii) by striking the period at the end and inserting + ``; or''; and + (D) by adding at the end the following new paragraph: + ``(13) the identification or location of a foreign person that + knowingly engaged or is engaging in foreign election + interference.''; and + (3) in subsection (k)-- + (A) by redesignating paragraphs (3) through (8) as + paragraphs (5) through (10), respectively; + (B) by inserting after paragraph (2) the following new + paragraphs: + ``(3) Foreign person.--The term `foreign person' means-- + ``(A) an individual who is not a United States person; or + ``(B) a foreign entity. + ``(4) Foreign election interference.--The term `foreign + election interference' means conduct by a foreign person that-- + ``(A)(i) violates Federal criminal, voting rights, or + campaign finance law; or + ``(ii) is performed by any person acting as an agent of + or on behalf of, or in coordination with, a foreign + government or criminal enterprise; and + ``(B) includes any covert, fraudulent, deceptive, or + unlawful act or attempted act, or knowing use of information + acquired by theft, undertaken with the specific intent to + significantly influence voters, undermine public confidence in + election processes or institutions, or influence, undermine + confidence in, or alter the result or reported result of, a + general or primary Federal, State, or local election or caucus, + including-- + ``(i) the campaign of a candidate; or + ``(ii) a ballot measure, including an amendment, a bond + issue, an initiative, a recall, a referral, or a + referendum.''; and + (C) in paragraph (10), as so redesignated, in subparagraph + (A), by striking ``and'' after the semicolon and inserting + ``or''. -SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE - INITIATIVE. + Subtitle E--Matters Relating to Europe and NATO - (a) In General.--Section 1250 of the National Defense Authorization -Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is +SEC. 1241. DETERMINATION AND IMPOSITION OF SANCTIONS WITH RESPECT TO +TURKEY'S ACQUISITION OF THE S-400 AIR DEFENSE SYSTEM. + (a) Sense of Congress.--It is the sense of Congress that it is in +the national security interest of the United States-- + (1) to deter aggression against North Atlantic Treaty + Organization (NATO) allies by the Russian Federation or any other + adversary; + (2) to continue to work with NATO allies to ensure they meet + their alliance defense commitments, including through adequate and + efficient investments in national defense; + (3) to work to maintain and strengthen the democratic + institutions and practices of all NATO allies, in accordance with + the goals of Article 2 of the North Atlantic Treaty; + (4) to ensure that Turkey remains a critical NATO ally and + important military partner for the United States, contributing to + key NATO and United States missions and providing support for + United States military operations and logistics needs; + (5) to assist NATO allies in acquiring and deploying modern, + NATO-interoperable military equipment and reducing their dependence + on Russian or former Soviet-era defense articles; + (6) to promote opportunities to strengthen the capacity of NATO + member states to counter Russian malign influence; and + (7) to enforce fully the Countering America's Adversaries + Through Sanctions Act (22 U.S.C. 9401 et seq.), including by + imposing sanctions with respect to any person that the President + determines knowingly engages in a significant transaction with a + person that is part of, or operates for or on behalf of, the + defense or intelligence sectors of the Government of the Russian + Federation, as described in section 231 of that Act (22 U.S.C. + 9525). + (b) Determination.--The acquisition by the Government of Turkey of +the S-400 air defense system from the Russian Federation beginning on +July 12, 2019, constitutes a significant transaction as described in +section 231 of the Countering America's Adversaries Through Sanctions +Act (22 U.S.C. 9525). + (c) Imposition of Sanctions.--Not later than 30 days after the date +of the enactment of this Act, the President shall impose five or more +of the sanctions described in section 235 of the Countering America's +Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to each +person that knowingly engaged in the acquisition of the S-400 air +defense system referred to in subsection (b). + (d) Exception Relating to Importation of Goods.-- + (1) In general.--Notwithstanding any other provision of this + section, the authorities and requirements to impose sanctions under + this section shall not include the authority or a requirement to + impose sanctions on the importation of goods. + (2) Good defined.--In this subsection, the term ``good'' means + any article, natural or man-made substance, material, supply or + manufactured product, including inspection and test equipment, and + excluding technical data. + (e) Termination.--On and after the date that is one year after the +date on which the President imposes sanctions under subsection (c) with +respect to a person, the President may terminate the application of +such sanctions with respect to that person if the President submits to +the appropriate congressional committees a certification that-- + (1) the Government of Turkey and any person acting on its + behalf no longer possesses the S-400 air defense system or a + successor system; + (2) no S-400 air defense system or successor system is operated + or maintained inside Turkey by nationals of the Russian Federation + or persons acting on behalf of the Government of the Russian + Federation or the defense sector of the Russian Federation; and + (3) the President has received reliable assurances from the + Government of Turkey that the Government of Turkey will not + knowingly engage, or allow any foreign person to engage on its + behalf, in pursuing any activity subject to sanctions under section + 231 of the Countering America's Adversaries Through Sanctions Act + (22 U.S.C. 9525) to reacquire the S-400 air defense system or a + successor system. + (f) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Relations and the Committee on + Armed Services of the Senate; and + (2) the Committee on Foreign Affairs and the Committee on Armed + Services of the House of Representatives. +SEC. 1242. CLARIFICATION AND EXPANSION OF SANCTIONS RELATING TO +CONSTRUCTION OF NORD STREAM 2 OR TURKSTREAM PIPELINE PROJECTS. + (a) In General.--Subsection (a)(1) of section 7503 of the +Protecting Europe's Energy Security Act of 2019 (title LXXV of Public +Law 116-92; 133 Stat. 2300; 22 U.S.C. 9526 note) is amended-- + (1) in subparagraph (A)-- + (A) by inserting ``or pipe-laying activities'' after + ``pipe-laying''; and + (B) by striking ``; and'' and inserting a semicolon; + (2) in subparagraph (B)-- + (A) in clause (i)-- + (i) by inserting ``, or facilitated selling, leasing, + or providing,'' after ``provided''; and + (ii) by striking ``; or'' and inserting a semicolon; + (B) in clause (ii), by striking the period at the end and + inserting a semicolon; and + (C) by adding at the end the following: + ``(iii) provided for those vessels underwriting + services or insurance or reinsurance necessary or essential + for the completion of such a project; + ``(iv) provided services or facilities for technology + upgrades or installation of welding equipment for, or + retrofitting or tethering of, those vessels if the services + or facilities are necessary or essential for the completion + of such a project; or + ``(v) provided services for the testing, inspection, or + certification necessary or essential for the completion or + operation of the Nord Stream 2 pipeline; and''; and + (3) by adding at the end the following: + ``(C) the consultations carried out pursuant to subsection + (i) and describes the nature of the consultations and any + concerns raised by the government of Norway, Switzerland, the + United Kingdom, or any member country of the European Union.''. + (b) Exception.--Subsection (e) of such section is amended by adding +at the end the following: + ``(6) Exception for certain governments and governmental + entities.--Sanctions under this section shall not apply with + respect to-- + ``(A) the European Union; + ``(B) the government of Norway, Switzerland, the United + Kingdom, or any member country of the European Union; or + ``(C) any entity of the European Union or a government + described in subparagraph (B) that is not operating as a + business enterprise.''. + (c) Waiver.--Subsection (f) of such section is amended to read as +follows: + ``(f) National Interest Waiver.--The President may waive the +application of sanctions under this section with respect to a person if +the President-- + ``(1) determines that the waiver is in the national interests + of the United States; and + ``(2) submits to the appropriate congressional committees a + report on the waiver and the reasons for the waiver.''. + (d) Consultations; Report.--Such section is further amended-- + (1) by redesignating subsection (i) as subsection (k); and + (2) by inserting after subsection (h) the following: + ``(i) Consultations.--Before imposing sanctions under this section, +the Secretary of State shall consult with the relevant governments of +Norway, Switzerland, the United Kingdom, and member countries of the +European Union with respect to the imposition of such sanctions. + ``(j) Report on Impact of Sanctions.--Not later than one year after +the date of the enactment of the William M. (Mac) Thornberry National +Defense Authorization Act for Fiscal Year 2021, and annually thereafter +until all sanctions imposed under this section have terminated under +subsection (h), the Secretary of State, in consultation with the +Secretary of the Treasury, shall submit to the appropriate +congressional committees a report detailing the impact of the +imposition of sanctions under this section that includes information +on-- + ``(1) whether the goals of the sanctions have been met; + ``(2) the diplomatic impact of the sanctions, including on + relationships with the governments of Norway, Switzerland, the + United Kingdom, and member countries of the European Union; and + ``(3) the economic impact of the sanctions, including the + impact on United States persons.''. + (e) Definitions.--Subsection (k) of such section, as redesignated +by subsection (b), is further amended-- + (1) by redesignating paragraph (5) as paragraph (6); and + (2) by inserting after paragraph (4) the following: + ``(5) Pipe-laying activities.--The term `pipe-laying + activities' means activities that facilitate pipe-laying, including + site preparation, trenching, surveying, placing rocks, backfilling, + stringing, bending, welding, coating, and lowering of pipe.''. + (f) Wind-down Period.--The President may not impose sanctions with +respect to a person identified in the first report submitted under +section 7503(a) of the Protecting Europe's Energy Security Act of 2019, +as amended by this section, after the date of the enactment of this Act +for operations subject to sanctions by reason of the amendments made by +this section if the President certifies in that report that the person +has, not later than 30 days after such date of enactment, engaged in +good faith efforts to wind down such operations. +SEC. 1243. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN EUROPEAN +NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL EXERCISES. + Subsection (h) of section 1251 of the National Defense +Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amended-- - (1) in subsection (c)-- - (A) in paragraph (1), by striking ``50 percent of - the funds available for fiscal year 2020 pursuant to - subsection (f)(5)'' and inserting ``50 percent of the - funds available for fiscal year 2021 pursuant to - subsection (f)(6)''; - (B) in paragraph (3), by striking ``fiscal year - 2020'' and inserting ``fiscal year 2021''; and - (C) in paragraph (5), by striking ``Of the funds - available for fiscal year 2020 pursuant to subsection - (f)(5)'' and inserting ``Of the funds available for - fiscal year 2021 pursuant to subsection (f)(6)''; - (2) in subsection (f), by adding at the end the following: - ``(6) For fiscal year 2021, $250,000,000.''; and - (3) in subsection (h), by striking ``December 31, 2022'' - and inserting ``December 31, 2023''. - (b) Extension of Reports on Military Assistance to Ukraine.-- -Section 1275(e) of the Carl Levin and Howard P. ``Buck'' McKeon -National Defense Authorization Act for Fiscal Year 2015 (Public Law -113-291; 128 Stat. 3592) is amended by striking ``January 31, 2021'' -and inserting ``December 31, 2023''. - -SEC. 1234. UNITED STATES PARTICIPATION IN THE OPEN SKIES TREATY. - - (a) Notification Required.-- - (1) In general.--Upon withdrawal of the United States from - the Open Skies Treaty pursuant to Article XV of the Treaty, the - Secretary of Defense and the Secretary of State shall jointly - submit to the appropriate congressional committees-- - (A) a notification that the United States has - concluded agreements with other state parties to the - Treaty that host United States military forces and - assets to ensure that after such withdrawal the United - States will be provided sufficient notice by such state - parties of requests for observation flights over the - territories of such state parties under the Treaty; or - (B) if the United States has not concluded the - agreements described in subparagraph (A), a description - of how the United States will consistently and reliably - be provided with sufficient warning of observation - flights described in subparagraph (A) by other means, - including a description of assets and personnel and - policy implications of using such other means. - (2) Submission of agreements.--Upon withdrawal of the - United States from the Open Skies Treaty pursuant to Article XV - of the Treaty, the Secretary of Defense and the Secretary of - State shall jointly submit to the appropriate congressional - committees copies of the agreements described in paragraph - (1)(A). - (b) Report.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of Defense and the - Secretary of State, in coordination with the Director of - National Intelligence and the Under Secretary of Defense for - Intelligence and Security, shall jointly submit to the - appropriate congressional committees a report on the effects of - a potential withdrawal of the United States from the Open Skies - Treaty. - (2) Matters to be included.--The report required by - paragraph (1) shall include the following: - (A) A description of how the United States will - replace benefits of cooperation with United States - allies under the Treaty. - (B) A description of-- - (i) how the United States will obtain - unclassified, publicly-releasable imagery it - currently receives under the Treaty; - (ii) if national technical means are used - as a replacement to obtain such imagery-- - (I) how the requirements satisfied - by collection under the Treaty will be - prioritized within the National - Intelligence Priorities Framework; - (II) a plan to mitigate any gaps in - collection; and - (III) requirements and timelines - for declassification of data for public - release; and - (iii) if commercial imagery is used as a - replacement to obtain such imagery-- - (I) contractual actions and - associated timelines needed to purchase - such imagery; - (II) costs to purchase commercial - imagery equivalent to that which is - obtained under the Treaty; and - (III) estimates of costs to share - that data with other state parties to - the Treaty that are United States - partners. - (C) A description of how the United States will - replace intelligence information, other than imagery, - obtained under the Treaty. - (D) A description of how the United States will - ensure continued dialogue with Russia in a manner - similar to formal communications as confidence-building - measures to reinforce strategic stability required - under the Treaty. - (E) All unedited responses to the questionnaire - provided to United States allies by the United States - in 2019 and all official statements provided to the - United States by United States allies in 2019 or 2020 - relating to United States withdrawal from the Treaty. - (F) An assessment of the impact of such withdrawal - on-- - (i) United States leadership in the North - Atlantic Treaty Organization (NATO); and - (ii) cohesion and cooperation among NATO - member states. - (G) A description of options to continue - confidence-building measures under the Treaty with - other state parties to the Treaty that are United - States allies. - (H) An assessment of the Defense Intelligence - Agency of the impact on national security of such - withdrawal. - (I) An assessment of how the United States will - influence decisions regarding certifications of new - sensors, primarily synthetic aperture radar sensors, - under the Treaty that could pose additional risk to - deployed United States military forces and assets. - (3) Form.--The report required by paragraph (1) shall be - submitted in unclassified form but may contain a classified - annex. - (c) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the congressional defense committees; - (B) the Committee on Foreign Affairs and the - Permanent Select Committee on Intelligence of the House - of Representatives; and - (C) the Committee on Foreign Relations and the - Select Committee on Intelligence of the Senate. - (2) Observation flight.--The term ``observation flight'' - has the meaning given such term in Article II of the Open Skies - Treaty. - (3) Open skies treaty; treaty.--The term ``Open Skies - Treaty'' or ``Treaty'' means the Treaty on Open Skies, done at - Helsinki March 24, 1992, and entered into force January 1, - 2002. - -SEC. 1235. SENSE OF CONGRESS ON SUPPORT FOR UKRAINE. - - It is the sense of Congress that the United States should-- - (1) reaffirm support for an enduring strategic partnership - between the United States and Ukraine; - (2) support Ukraine's sovereignty and territorial integrity - within its internationally-recognized borders and make clear it - does not recognize the independence of Crimea or Eastern - Ukraine currently occupied by Russia; - (3) continue support for multi-domain security assistance - for Ukraine in the form of lethal and non-lethal measures to - build resiliency, bolster deterrence against Russia, and - promote stability in the region by-- - (A) strengthening defensive capabilities and - promoting readiness; and - (B) improving interoperability with NATO forces; - and - (4) further enhance security cooperation and engagement - with Ukraine and other Black Sea regional partners. - -SEC. 1236. REPORT ON PRESENCE OF RUSSIAN MILITARY FORCES IN OTHER - FOREIGN COUNTRIES. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense, in consultation with -the Secretary of State, shall submit to the appropriate congressional -committees a report that contains the following: - (1) A list of foreign countries that have consented to host - military forces of Russia, including a description of-- - (A) any agreement between each country and Russia - to host such forces; - (B) the number of Russian military forces that are - present in each country; - (C) the location of Russian military forces that - are present in each country; - (D) the types of Russian military force structures - that are present in each country; - (E) the level and type of United States security - assistance provided to each country; and - (F) any military exercises that Russian forces have - undertaken with each country. - (2) A list of foreign countries with respect to which - Russia has deployed military forces in violation of the - territorial sovereignty of such countries, including a - description of-- - (A) the number of Russian military forces that are - present in each country; - (B) the location of Russian military forces that - are present in each country; and - (C) the types of Russian military force structures - that are present in each country. - (b) Form.--The report required by subsection (a) shall be submitted -in unclassified form, but may include a classified annex. + (1) in the first sentence, by striking ``December 31, 2021'' + and inserting ``December 31, 2023''; and + (2) in the second sentence, by striking ``the period beginning + on October 1, 2015, and ending on December 31, 2021'' and inserting + ``the period beginning on October 1, 2015, and ending on December + 31, 2023''. +SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR THE NORTH ATLANTIC TREATY +ORGANIZATION. + It is the sense of Congress that-- + (1) the success of the North Atlantic Treaty Organization + (NATO) is critical to achieving United States national security + objectives in Europe and around the world; + (2) NATO remains the strongest and most successful military + alliance in the world, founded on a commitment by its members to + uphold the principles of democracy, individual liberty, and the + rule of law, and its contributions to the collective defense are + indispensable to the security, prosperity, and freedom of its + members; + (3) the United States reaffirms its ironclad commitment to NATO + as the foundation of transatlantic security and to uphold its + obligations under the North Atlantic Treaty, including Article 5 of + the Treaty; + (4) the 2018 National Defense Strategy identifies long-term + strategic competition with Russia as a principal priority and + highlights the essential role that a strong NATO alliance must play + in implementing that strategy and addressing shared security + concerns; + (5) the United States should deepen defense cooperation with + non-NATO European partners, reaffirm the open-door policy of NATO, + and encourage security sector cooperation between NATO and non-NATO + defense partners that complements and strengthens collective + defense, interoperability, and allies' commitment to Article 3 of + the North Atlantic Treaty; + (6) bolstering NATO cohesion and enhancing security + relationships with non-NATO European partners to counter Russian + aggression, including Russia's use of hybrid warfare tactics and + its willingness to use military power to alter the status quo, + strengthens the United States security interests for the long-term + strategic competition; + (7) the continued prioritization of funding for the European + Deterrence Initiative, including for purposes of strengthening + allied and partner capability and power projection along the + eastern flank of NATO, remains critically important; + (8) the United States and NATO should continue to cooperate on + other major shared challenges, such as the COVID-19 pandemic; and + (9) the policy of the United States should be to work with its + NATO and other allies and partners to build permanent mechanisms to + strengthen supply chains, enhance supply chain security, fill + supply chain gaps, and maintain commitments made at the June 2020 + NATO Defense Ministerial, particularly regarding pandemic response + preparations. +SEC. 1245. LIMITATION ON UNITED STATES FORCE STRUCTURE REDUCTIONS IN +GERMANY. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the Federal Republic of Germany continues to be a strong + ally within the North Atlantic Treaty Organization (NATO) and a + critical ally of the United States; + (2) the presence of the United States Armed Forces in Germany + serves as a strong deterrent to Russian Federation military + aggression and expansion in Europe and as an essential support + platform for carrying out vital national security engagements in + the Middle East, Africa, and Afghanistan; + (3) the presence of approximately 34,500 members of the United + States Armed Forces deployed to Germany, and the ability to + increase that level as necessary in response to global security + challenges, is essential to supporting NATO's operations and its + collective deterrence against threats; + (4) reducing the number of members of the United States Armed + Forces in Germany during a time of growing threats in Europe would + constitute a grave strategic mistake that would undermine United + States national security interests and weaken NATO; and + (5) the United States should continue-- + (A) to maintain and strengthen its bilateral relationship + with Germany; and + (B) to maintain a robust military presence in Germany so as + to deter aggression against the United States and its allies + and partners. + (b) Limitation.--The Secretary of Defense may not reduce the total +number of members of the Armed Forces serving on active duty who are +stationed in the Federal Republic of Germany below 34,500 until 120 +days after the date on which the Secretary, in consultation with the +heads of other relevant Federal departments and agencies, submits to +the appropriate congressional committees a written assessment that +contains the following: + (1) An analysis of whether the reduction in the total number of + Armed Forces serving on active duty who are stationed in Germany + would be in the national security interest of the United States and + would not detract from United States military posture and alignment + in the European theater. + (2) An analysis of the impact of such a reduction on the + security of the United States as well as the security of allies and + partners of the United States in Europe. + (3) An analysis of the impact of such a reduction on the + deterrence and defense posture of the North Atlantic Treaty + Organization (NATO). + (4) An analysis of the impact of such a reduction on the + ability of the Armed Forces to execute contingency plans of the + Department of Defense, including ongoing operations executed by + United States Central Command and United States Africa Command. + (5) An analysis of the impact of such a reduction on military + families or additional costs for relocation of associated + infrastructure. + (6) An analysis of the impact of such a reduction on military + training and major military exercises, including on + interoperability and joint activities with allies and partners. + (7) A description of the consultations made with United States + allies and partners in Europe, including a description of the + consultations with each member of NATO, regarding such a reduction. + (8) A description of the capabilities that would be impacted in + Germany and any actions designed to mitigate such a reduction. + (9) A detailed description of the requirements for the + Department of Defense to effectuate any relocation and redeployment + of members of the Armed Forces from Germany and associated + relocation of military families. + (10) A detailed analysis of the impact of the reduction and + redeployment of military capabilities on the ability of the United + States to meet commitments under the North Atlantic Treaty as well + as the ability to support operations in the Middle East and Africa. + (11) A detailed analysis of the impact of such reduction and + redeployment on the implementation of the National Defense Strategy + and on Joint Force Planning. + (12) A detailed analysis of the cost implications of such a + reduction and redeployment, to include the cost of any associated + new facilities to be constructed or existing facilities to be + renovated at the location to which the members of the Armed Forces + are to be moved and stationed and the costs associated with + rotational deployments. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- - (1) the congressional defense committees; - (2) the Committee on Foreign Affairs and the Committee on - Appropriations of the House of Representatives; and - (3) the Committee on Foreign Relations and the Committee on - Appropriations of the Senate. - -SEC. 1237. SENSE OF CONGRESS ON THE OPEN SKIES TREATY. - - It is the sense of Congress that-- - (1) the decision to withdraw from the Treaty on Open Skies, - done at Helsinki March 24, 1992, and entered into force January - 1, 2002-- - (A) did not comply with the requirement in section - 1234(a) of the National Defense Authorization Act for - Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) - to notify Congress not fewer than 120 days prior to any - such announcement; - (B) was made without asserting material breach of - the Treaty by any other Treaty signatory; and - (C) was made over the objections of NATO allies and - regional partners; - (2) confidence and security building measures that are - designed to reduce the risk of conflict, increase trust among - participating countries, and contribute to military - transparency remain vital to the strategic interests of our - NATO allies and partners and should continue to play a central - role as the United States engages in the region to promote - transatlantic security; and - (3) while the United States must always consider the - national security benefits of remaining in any treaty, - responding to Russian violations of treaty protocols should be - prioritized through international engagement and robust - diplomatic action. - -SEC. 1238. COUNTERING RUSSIAN AND OTHER OVERSEAS KLEPTOCRACY. - - (a) Definitions.--In this section - (1) Rule of law.--The term ``rule of law'' means the - principle of governance in which all persons, institutions, and - entities, whether public or private, including the state - itself, are accountable to laws that are publicly promulgated, - equally enforced, and independently adjudicated, and which are - consistent with international human rights norms and standards. - (2) Foreign state.--The term ``foreign state'' has the - meaning given such term in section 1603 of title 28, United - States Code. - (3) Intelligence community.--The term ``intelligence - community'' has the meaning given such term in section 3(4) of - the National Security Act of 1947 (50 U.S.C. 3003(4)). - (4) Public corruption.--The term ``public corruption'' - means the unlawful exercise of entrusted public power for - private gain, including by bribery, nepotism, fraud, or - embezzlement. - (5) Foreign assistance.--The term ``foreign assistance'' - means foreign assistance authorized under the Foreign - Assistance Act of 1961. - (6) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Relations, the - Committee on Banking, Housing, and Urban Affairs, and - the Committee on Finance of the Senate; and - (B) the Committee on Foreign Affairs, the Committee - on Financial Services, and the Committee on Ways and - Means of the House of Representatives. - (b) International Standards.--It is the sense of Congress that the -following international standards should be the foundation for foreign -states to combat corruption, kleptocracy, and illicit finance: - (1) The United Nations Convention against Corruption. - (2) Recommendations of the Financial Action Task Force - (FATF) comprising the International Standards on Combating - Money Laundering and the Financing of Terrorism & - Proliferation. - (3) The Organisation for Economic Co-operation and - Development Convention on Combating Bribery of Foreign Public - Officials in International Business Transactions (OECD Anti- - Bribery Convention), the 2009 Recommendation of the Council for - Further Combating Bribery, the 2009 Recommendation on the Tax - Deductibility of Bribes to Foreign Public Officials; and other - related instruments. - (4) Legal instruments adopted by the Council of Europe and - monitored by the Group of States against Corruption (GRECO), - including the Criminal Law Convention on Corruption, the Civil - Law Convention on Corruption, the Additional Protocol to the - Criminal Law Convention on Corruption, the Twenty Guiding - Principles against Corruption, the Recommendation on Codes of - Conduct for Public Officials, and the Recommendation on Common - Rules against Corruption in the Funding of Political Parties - and Electoral Campaigns. - (5) Organization for Security and Cooperation in Europe - (OSCE) ``Second Dimension'' commitments on good governance, - anti-corruption, anti-money laundering, and related issues. - (6) The Inter-American Convention Against Corruption under - the Organization of American States. - (c) Statement of Policy.--It is the policy of the United States -to-- - (1) leverage United States diplomatic engagement and - foreign assistance to promote the rule of law; - (2) promote the international standards identified in - section 4, as well as other relevant international standards - and best practices as such standards and practices develop, and - to seek the universal adoption and implementation of such - standards and practices by foreign states; - (3) support foreign states in promoting good governance and - combating public corruption; - (4) encourage and assist foreign partner countries to - identify and close loopholes in their legal and financial - architecture, including the misuse of anonymous shell - companies, free trade zones, and other legal structures, that - are enabling illicit finance and authoritarian capital to - penetrate their financial systems; - (5) help foreign partner countries to investigate and - combat the use of corruption by authoritarian governments, - particularly that of Vladimir Putin in Russia, as a tool of - malign influence worldwide; - (6) make use of sanctions authorities, such as the Global - Magnitsky Human Rights Accountability Act (enacted as subtitle - F of title XII of the National Defense Authorization Act for - Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note)), to - identify and take action against corrupt foreign actors; and - (7) ensure coordination between the departments and - agencies of the United States Government with jurisdiction over - the advancement of good governance in foreign states. - (d) Anti-Corruption Action Fund.-- - (1) In general.--The Secretary of State shall establish in - the Department of State a fund to be known as the ``Anti- - Corruption Action Fund'' to aid foreign states to prevent and - fight public corruption and develop rule of law-based - governance structures, including accountable investigative, - prosecutorial, and judicial bodies, and supplement existing - foreign assistance and diplomacy with respect to such efforts. - (2) Funding.--There is authorized to be appropriated to the - Fund an amount equal to five percent of each civil and criminal - fine and penalty imposed pursuant to actions brought under the - Foreign Corrupt Practices Act on or after the date of the - enactment of this Act for each fiscal year. Amounts - appropriated pursuant to this authorization shall be authorized - to remain available until expended. - (3) Support.--The Anti-Corruption Action Fund may support - governmental and nongovernmental parties in advancing the goals - specified in paragraph (1) and shall be allocated in a manner - complementary to existing United States foreign assistance, - diplomacy, and the anti-corruption activities of other - international donors. - (4) Preference.--In programing foreign assistance using the - Anti-Corruption Action Fund, the Secretary of State shall give - preference to projects that-- - (A) assist countries that are undergoing historic - opportunities for democratic transition, combating - corruption, and the establishment of the rule of law; - (B) are important to United States national - interests; and - (C) where United States foreign assistance could - significantly increase the chance of a successful - transition described in subparagraph (A). - (5) Public diplomacy.--The Secretary of State shall - publicize that funds provided to the Anti-Corruption Action - Fund originate from actions brought under the Foreign Corrupt - Practices Act so as to demonstrate that monies obtained under - such Act are contributing to international anti-corruption work - under this section, including by reducing the pressure that - United States businesses face to pay bribes overseas, thereby - contributing to greater United States competitiveness. - (e) Interagency Task Force.-- - (1) In general.--The Secretary of State shall have primary - responsibility for managing a whole-of-government effort to - improve coordination among United States Government departments - and agencies, as well as with other donor organizations, that - have a role in promoting good governance in foreign states and - enhancing the ability of foreign states to combat public - corruption. - (2) Interagency task force.--Not later than 180 days after - the date of the enactment of this Act, the Secretary of State - shall establish and convene an Interagency Task Force composed - of-- - (A) representatives appointed by the President from - appropriate departments and agencies, including the - Department of State, the United States Agency for - International Development (USAID), the Department of - Justice, the Department of the Treasury, the Department - of Homeland Security, the Department of Defense, the - Department of Commerce, the Millennium Challenge - Corporation, and the intelligence community; and - (B) representatives from any other United States - Government departments or agencies, as determined by - the Secretary. - (3) Additional meetings.--The Interagency Task Force - established in paragraph (2) shall meet not less than twice per - year. - (4) Duties.--The Interagency Task Force established in - paragraph (2) shall-- - (A) evaluate, on a general basis, the effectiveness - of existing foreign assistance programs, including - programs funded by the Anti-Corruption Action Fund - under section 6, that have an impact on promoting good - governance in foreign states and enhancing the ability - of foreign states to combat public corruption; - (B) assist the Secretary of State in managing the - whole-of-government effort described in subsection (a); - (C) identify general areas in which such whole-of- - government effort could be enhanced; and - (D) recommend specific programs for foreign states - that may be used to enhance such whole-of-government - effort. - (f) Designation of Embassy Anti-Corruption Points of Contact.-- - (1) Embassy anti-corruption point of contact.--The chief of - mission of each United States embassy shall designate an anti- - corruption point of contact for each such embassy. - (2) Duties.--The designated anti-corruption points of - contact under paragraph (1) shall-- - (A) with guidance from the Interagency Task Force - established under subsection (e), coordinate an - interagency approach within United States embassies to - combat public corruption in the foreign states in which - such embassies are located that is tailored to the - needs of such foreign states, including all relevant - United States Government departments and agencies with - a presence in such foreign states, such as the - Department of State, USAID, the Department of Justice, - the Department of the Treasury, the Department of - Homeland Security, the Department of Defense, the - Millennium Challenge Corporation, and the intelligence - community; - (B) make recommendations regarding the use of the - Anti-Corruption Action Fund under section 6 and other - foreign assistance related to anti-corruption efforts - in their respective foreign states, aligning such - assistance with United States diplomatic engagement; - and - (C) ensure that anti-corruption activities carried - out within their respective foreign states are included - in regular reporting to the Secretary of State and the - Interagency Task Force under subsection (e), including - United States embassy strategic planning documents and - foreign assistance-related reporting, as appropriate. - (3) Training.--The Secretary of State shall develop and - implement appropriate training for designated anti-corruption - points of contact under this subsection. - (g) Reporting Requirements.-- - (1) Report on promoting international standards in - combating corruption, kleptocracy, and illicit finance.--Not - later than 180 days after the date of the enactment of this - Act, the Secretary of State, in consultation with the - Administrator of the USAID and the Secretary of the Treasury, - shall submit to the appropriate congressional committees a - report that-- - (A) summarizes any progress made by foreign states - to adopt and implement each of the international - standards in combating corruption, kleptocracy, and - illicit finance listed in subsection (b); - (B) details the efforts of the United States - Government to promote such international standards; - (C) identifies priority countries for outreach - regarding such international standards; and - (D) outlines a plan to encourage the adoption and - implementation of such international standards, - including specific steps to take with the priority - countries identified in accordance with subparagraph - (C). - (2) Report on progress toward implementation.--Not later - than 1 year after the date of the enactment of this Act and - annually thereafter for 3 years, the Secretary of State, in - consultation with the Administrator of the USAID, shall submit - to the appropriate congressional committees a report - summarizing progress in implementing this Act, including-- - (A) a description of the bureaucratic structure of - the offices within the Department and USAID that are - engaged in activities to combat corruption, - kleptocracy, and illicit finance, and how such offices - coordinate with one another; - (B) information relating to the amount of funds - deposited in the Anti-Corruption Action Fund - established under section 6 and the obligation, - expenditure, and impact of such funds; - (C) the activities of the Interagency Task Force - established pursuant to subsection (e)(2); - (D) the designation of anti-corruption points of - contact for foreign states pursuant to subsection - (f)(1) and any training provided to such points of - contact pursuant to subsection (f)(3); and - (E) additional resources or personnel needs to - better achieve the goals of this Act to combat - corruption, kleptocracy, and illicit finance overseas. - (3) Online platform.--The Secretary of State, in - conjunction with the Administrator of the USAID, shall - consolidate existing reports and briefings with anti-corruption - components into one online, public platform, that includes the - following: - (A) The Annual Country Reports on Human Rights - Practices. - (B) The Fiscal Transparency Report. - (C) The Investment Climate Statement reports. - (D) The International Narcotics Control Strategy - Report. - (E) Any other relevant public reports. - (F) Links to third-party indicators and compliance - mechanisms used by the United States Government to - inform policy and programming, such as the following: - (i) The International Finance Corporation's - Doing Business surveys. - (ii) The International Budget Partnership's - Open Budget Index. - (iii) Multilateral peer review anti- - corruption compliance mechanisms, such as the - Organisation for Economic Co-operation and - Development's Working Group on Bribery in - International Business Transactions, the - Follow-Up Mechanism for the Inter-American - Convention against Corruption (MESICIC), and - the United Nations Convention against - Corruption, done at New York October 31, 2003, - to further highlight expert international views - on foreign state challenges and efforts. - -SEC. 1239. REPORT ON THREATS TO THE UNITED STATES ARMED FORCES FROM THE - RUSSIAN FEDERATION. - - (a) Report.--Not later than 120 days after the date of the + (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. + (d) Sunset.--The limitation in subsection (b) shall terminate on +September 30, 2021. +SEC. 1246. REPORT ON UNITED STATES MILITARY FORCE POSTURE IN +SOUTHEASTERN EUROPE. + (a) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with -the Director of National Intelligence and the Secretary of State, shall -submit to the appropriate congressional committees a report on all -threats to the United States Armed Forces and personnel of the United -States from the Russian Federation and associated agents, entities, and -proxies. - (b) Elements.--The report under subsection (a) shall include the -following: - (1) An assessment of all threats to the United States Armed - Forces and personnel of the United States from Russia and - associated agents, entities, and proxies in all theaters where - United States Armed Forces are engaged. - (2) A description of all actions taken to ensure force - protection of both the United States Armed Forces and diplomats - of the United States. - (3) A description of non-military actions taken to - emphasize to Russia that the United States will not tolerate - threats to the armed forces of the United States, the allies of - the United States, and the diplomats and operations of the - United States. - (c) Form.--The report required by subsection (b) shall be submitted -in unclassified form, but may include a classified annex. - (d) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means the following: - (1) The Committee on Armed Services, the Committee on - Foreign Affairs, and the Permanent Select Committee on - Intelligence of the House of Representatives. - (2) The Committee on Armed Services, the Committee on - Foreign Relations, and the Select Committee on Intelligence of - the Senate. - - Subtitle E--Matters Relating to Europe and NATO - -SEC. 1241. LIMITATIONS ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF - MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO - ARE STATIONED IN GERMANY, TO REDUCE THE TOTAL NUMBER OF - MEMBERS OF THE ARMED FORCES STATIONED IN EUROPE, AND TO - DIVEST MILITARY INFRASTRUCTURE IN EUROPE. - - (a) Limitation on Use of Funds To Reduce the Total Number of -Members of the Armed Forces Serving on Active Duty Who Are Stationed in -Germany.--None of the funds authorized to be appropriated or otherwise -made available to the Department of Defense may be used during the -period beginning on the date of the enactment of this Act and ending on -December 31, 2021, to take any action to reduce the total number of -members of the Armed Forces serving on active duty who are stationed in -Germany below the levels present on June 10, 2020, until 180 days after -the date on which the Secretary of Defense and the Chairman of the -Joint Chiefs of Staff have separately submitted to the congressional -defense committees the following: - (1) A certification that-- - (A) such a reduction is in the national security - interest of the United States and will not - significantly undermine the security of the United - States or its allies in the region, including a - justification explaining the analysis behind the - certification; and - (B) the Secretary has appropriately consulted with - United States allies and partners in Europe, including - all members of the North Atlantic Treaty Organization - (NATO), regarding such a reduction. - (2) A detailed analysis of the impact such a reduction - would have on the security of United States allies and partners - in Europe and on interoperability and joint activities with - such allies and partners, including major military exercises. - (3) A detailed analysis of the impact such a reduction - would have on the ability to deter Russian aggression and - ensure the territorial integrity of United States allies and - partners in Europe. - (4) A detailed analysis of the impact such a reduction - would have on the ability to counter Russian malign activity. - (5) A detailed analysis of where the members of the Armed - Forces will be moved and stationed as a consequence of such a - reduction. - (6) A detailed plan for how such a reduction would be - implemented. - (7) A detailed analysis of the cost implications of such a - reduction, to include the cost associated with new facilities - to be constructed at the location to which the members of the - Armed Forces are to be moved and stationed. - (8) A detailed analysis of the impact such a reduction - would have on United States service members and their families - stationed in Europe. - (9) A detailed analysis of the impact such a reduction - would have on Joint Force Planning. - (10) A detailed explanation of the impact such a reduction - would have on implementation of the National Defense Strategy - and a certification that the reduction would not negatively - affect implementation of the National Defense Strategy. - (b) Limitation on Use of Funds To Reduce the Total Number of -Members of the Armed Forces Stationed in Europe.--None of the funds -authorized to be appropriated or otherwise made available for the -Department of Defense may be used during the period beginning on the -date of the enactment of this Act and ending on December 31, 2021, to -reduce the total number of members of the Armed Forces serving on -active duty who are stationed in Europe below the levels present on -June 10, 2020, until 180 days after the date on which the Secretary of -Defense and the Chairman of the Joint Chiefs of Staff have separately -submitted to the congressional defense committees the following: - (1) A certification that-- - (A) such a reduction is in the national security - interest of the United States and will not - significantly undermine the security of the United - States or its allies in the region, including a - justification explaining the analysis behind the - certification. - (B) the Secretary has appropriately consulted with - United States allies and partners in Europe, including - all members of NATO, regarding such a reduction. - (2) A detailed analysis of the impact such a reduction - would have on the security of United States allies and partners - in Europe and on interoperability and joint activities with - such allies and partners, including major military exercises. - (3) A detailed analysis of the impact such a reduction - would have on the ability to deter Russian aggression and - ensure the territorial integrity of United States allies and - partners in Europe. - (4) A detailed analysis of the impact such a reduction - would have on the ability to counter Russian malign activity. - (5) A detailed analysis of where the forces will be moved - and stationed as a consequence of such a reduction. - (6) A detailed plan for how such a reduction would be - implemented. - (7) A detailed analysis of the cost implications of such a - reduction, to include the cost associated with new facilities - to be constructed at the location to which the members of the - Armed Forces are to be moved and stationed. - (8) A detailed analysis of the impact such a reduction - would have on service members and their families stationed in - Europe. - (9) A detailed analysis of the impact such a reduction - would have on Joint Force Planning. - (10) A detailed explanation of the impact such a reduction - would have on implementation of the National Defense Strategy - and a certification that the reduction would not negatively - affect implementation of the National Defense Strategy. - (c) Limitation To Divest Military Infrastructure in Europe.-- - (1) In general.--The Secretary of Defense may not take any - action to divest any infrastructure or real property in Europe - under the operational control of the Department of Defense - unless, prior to taking such action, the Secretary certifies to - the congressional defense committees that no military - requirement for future use of the infrastructure or real - property is foreseeable. - (2) Sunset.--This subsection shall terminate on the date - that is 5 years after the date of the enactment of this Act. - -SEC. 1242. SENSE OF CONGRESS REAFFIRMING THE COMMITMENT OF THE UNITED - STATES TO NATO. - - (a) Findings.--Congress finds the following: - (1) On April 4, 1949, the North Atlantic Treaty - Organization (NATO) was founded on the principles of democracy, - individual liberty, and the rule of law with the aim of - promoting collective security through collective defense. - (2) NATO has been the most successful military alliance in - history and, for over seven decades, an example of successful - political cooperation. - (3) NATO's commitment to collective defense is essential to - deter security threat against its members. - (4) NATO strengthens the security of the United States by - enabling United States forces to work by, with, and through a - network of committed, interoperable allies. - (5) NATO solidarity sends a clear collective message to - Russia that members of the alliance will not tolerate - aggressive acts that threaten their security and sovereignty. - (6) In response to changing national security threats, NATO - continues to adapt to take on new dynamics such as terrorism, - hybrid warfare, the spread of weapons of mass destruction, and - cyber attacks. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) the United States reaffirms its commitment to the North - Atlantic Treaty Organization as the foundation of transatlantic - security and defense , including Article V of the North - Atlantic Treaty; and - (2) NATO plays a critical role in preserving peace and - stability in the transatlantic region. +the Commander of United States European Command, shall submit to the +congressional defense committees and the Committee on Foreign Affairs +of the House of Representatives and the Committee on Foreign Relations +of the Senate a report on United States military force posture in the +Southeastern Europe region, including the Eastern Mediterranean and +Black Sea. + (b) Matters to Be Included.--The report required by subsection (a) +shall include the following: + (1) A description and assessment of the strategic significance + of Russia's and China's military posture and activities in the + region. + (2) A description of the current presence, including the + permanently stationed, rotational, and continuous rotational + presence, and any agreements in place governing United States Armed + Forces in the region. + (3) An assessment of the strategic and operational significance + of the Eastern Mediterranean and Black Sea for contingency plans of + the Department of Defense. + (4) An assessment of United States military force posture needs + in the region to implement the Department of Defense Black Sea + strategy in accordance with the provisions of the Report of the + Committee on Armed Services of the House of Representatives to + Accompany H.R. 2500 (116th Congress; House Report 116-120). + (5) An assessment of the value, cost, and feasibility of + increasing permanently stationed or rotational deployments of the + United States Armed Forces in the region, to include assessments of + posture in Greece, Romania, Bulgaria, and other relevant locations, + and an assessment of available infrastructure and any + infrastructure improvements that would be necessary to support such + an increase. + (c) Form.--The report required by subsection (a) shall be submitted +in a classified form and include an unclassified summary. +SEC. 1247. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED ACTION TO +ENSURE THE SECURITY OF BALTIC ALLIES. + It is the sense of Congress that-- + (1) maintaining the security of the Baltic states of Estonia, + Latvia, and Lithuania is critical to achieving United States + national security objectives; + (2) the Baltic states play a crucial role in strategic efforts + to deter Russia, maintain the collective security of the North + Atlantic Treaty Organization (NATO) alliance, and strengthen + bilateral and multilateral defense; and + (3) the United States should continue to pursue efforts + consistent with a comprehensive, multilateral assessment of the + military requirements of the Baltic states focused on security + sector assistance, coordination, and planning designed to ensure + the security of the Baltic states and address current and future + security challenges. +SEC. 1248. SENSE OF CONGRESS ON THE ROLE OF THE KOSOVO FORCE OF THE +NORTH ATLANTIC TREATY ORGANIZATION. + It is the sense of Congress that-- + (1) the Kosovo Force of the North Atlantic Treaty Organization + continues to play an indispensable role in maintaining security and + stability in the Western Balkans, which are the essential + predicates for the success of diplomatic efforts between Kosovo and + Serbia; + (2) the participation of the United States Armed Forces in the + Kosovo Force is foundational to the credibility and success of + mission of the Kosovo Force; + (3) with the North Atlantic Treaty Organization allies and + other European partners contributing over 80 percent of the troops + for the mission, the Kosovo Force is a primary example of the long- + term benefits of burden sharing to United States national security + interests; and + (4) together with the allies and partners of the United States, + the United States should-- + (A) maintain its commitment to the Kosovo Force; + (B) take all appropriate steps to ensure that the Kosovo + Force has the necessary personnel, capabilities, and resources + to perform its critical mission; and + (C) continue to support the gradual transition of the + Kosovo Security Force to a multi-ethnic army for the Republic + of Kosovo that is interoperable with North Atlantic Treaty + Organization members through an inclusive and transparent + process that-- + (i) respects the rights and concerns of all citizens of + Kosovo; + (ii) promotes regional security and stability; and + (iii) supports the aspirations of Kosovo for full Euro- + Atlantic integration. -SEC. 1243. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED ACTION TO - ENSURE THE SECURITY OF BALTIC ALLIES. + Subtitle F--Matters Relating to the Indo-Pacific Region - It is the sense of Congress that-- - (1) the continued security of the Baltic states of Estonia, - Latvia, and Lithuania is critical to achieving United States - national security interests and defense objectives against the - acute and formidable threat posed by Russia; - (2) the United States and the Baltic states are leaders in - the mission of defending independence and democracy from - aggression and in promoting stability and security within the - North Atlantic Treaty Organization (NATO), with non-NATO - partners, and with other international organizations such as - the European Union; - (3) the Baltic states are model NATO allies in terms of - burden sharing and capital investment in materiel critical to - United States and allied security, investment of over 2 percent - of their gross domestic product on defense expenditure, - allocating over 20 percent of their defense budgets on capital - modernization, matching security assistance from the United - States, frequently deploying their forces around the world in - support of allied and United States objectives, and sharing - diplomatic, technical, military, and analytical expertise on - defense and security matters; - (4) the United States should continue to strengthen - bilateral and multilateral defense by, with, and through allied - nations, particularly those which possess expertise and - dexterity but do not enjoy the benefits of national economies - of scale; - (5) the United States should pursue consistent efforts - focused on defense and security assistance, coordination, and - planning designed to ensure the continued security of the - Baltic states and on deterring current and future challenges to - the national sovereignty of United States allies and partners - in the Baltic region; and - (6) such an initiative should include an innovative and - comprehensive conflict deterrence strategy for the Baltic - region encompassing the unique geography of the Baltic states, - modern and diffuse threats to their land, sea, and air spaces, - and necessary improvements to their defense posture, including - command-and-control infrastructure, intelligence, surveillance, - and reconnaissance capabilities, communications equipment and - networks, and special forces. - -SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR ESTONIA, LATVIA, AND - LITHUANIA. - - (a) Findings.--Congress finds the following: - (1) The Baltic countries of Estonia, Latvia, and Lithuania - are highly valued allies of the United States, and they have - repeatedly demonstrated their commitment to advancing our - mutual interests as well as those of the NATO Alliance. - (2) Operation Atlantic Resolve is a series of exercises and - coordinating efforts demonstrating the United States' - commitment to its European partners and allies, including the - Baltic countries of Estonia, Latvia, and Lithuania, with the - shared goal of peace and stability in the region. Operation - Atlantic Resolve strengthens communication and understanding, - and is an important effort to deter Russian aggression in the - region. - (3) Through Operation Atlantic Resolve, the European - Deterrence Initiative undertakes exercises, training, and - rotational presence necessary to reassure and integrate our - allies, including the Baltic countries, into a common defense - framework. - (4) All three Baltic countries contributed to the NATO-led - International Security Assistance Force in Afghanistan, sending - troops and operating with few caveats. The Baltic countries - continue to commit resources and troops to the Resolute Support - Mission in Afghanistan. - (b) Sense of Congress.--Congress-- - (1) reaffirms its support for the principle of collective - defense in Article 5 of the North Atlantic Treaty for our NATO - allies, including Estonia, Latvia, and Lithuania; - (2) supports the sovereignty, independence, territorial - integrity, and inviolability of Estonia, Latvia, and Lithuania - as well as their internationally recognized borders, and - expresses concerns over increasingly aggressive military - maneuvering by the Russian Federation near their borders and - airspace; - (3) expresses concern over and condemns subversive and - destabilizing activities by the Russian Federation within the - Baltic countries; and - (4) encourages the Administration to further enhance - defense cooperation efforts with Estonia, Latvia, and Lithuania - and supports the efforts of their Governments to provide for - the defense of their people and sovereign territory. - -SEC. 1245. SENSE OF CONGRESS ON SUPPORT FOR GEORGIA. - - (a) Findings.--Congress finds the following: - (1) Georgia is a valued friend of the United States and has - repeatedly demonstrated its commitment to advancing the mutual - interests of both countries, including the deployment of - Georgian forces as part of the former International Security - Assistance Force (ISAF) and the current Resolute Support - Mission led by the North Atlantic Treaty Organization (NATO) in - Afghanistan and the Multi-National Force in Iraq. - (2) The European Deterrence Initiative builds the - partnership capacity of Georgia so it can work more closely - with the United States and NATO, as well as provide for its own - defense. - (3) In addition to the European Deterrence Initiative, - Georgia's participation in the NATO initiative Partnership for - Peace is paramount to interoperability with the United States - and NATO, and establishing a more peaceful environment in the - region. - (4) Despite the losses suffered, as a NATO partner, Georgia - is committed to the Resolute Support Mission in Afghanistan - with the fifth-largest contingent on the ground. - (b) Sense of Congress.--It is the sense of Congress that the United -States should-- - (1) reaffirm support for an enduring strategic partnership - between the United States and Georgia; - (2) support Georgia's sovereignty and territorial integrity - within its internationally-recognized borders, and does not - recognize the independence of the Abkhazia and South Ossetia - regions currently occupied by the Russian Federation; - (3) continue support for multi-domain security assistance - for Georgia in the form of lethal and non-lethal measures to - build resiliency, bolster deterrence against Russian - aggression, and promote stability in the region, by-- - (A) strengthening defensive capabilities and - promote readiness; and - (B) improving interoperability with NATO forces; - and - (4) further enhance security cooperation and engagement - with Georgia and other Black Sea regional partners. - -SEC. 1246. SENSE OF CONGRESS ON BURDEN SHARING BY PARTNERS AND ALLIES. - - (a) Findings.--Congress makes the following findings: - (1) The United States' alliances and other critical defense - partnerships are a cornerstone of Department of Defense (DOD) - efforts to deter aggression from our adversaries, counter - violent extremism, and preserve United States national security - interests in the face of challenges to those interests by - Russia, China and other actors. - (2) The North Atlantic Treaty Organization (NATO) is the - most successful military alliance in history, having deterred - war between major state powers for more than 70 years. - (3) Collective security and the responsibility of each - member of the security of the other members as well as the - alliance as a whole is a pillar of the NATO alliance. - (4) NATO members other than the United States collectively - expend over $300,000,000,000 in defense investments annually - and maintain military forces totaling an estimated 1,900,000 - service members, bolstering the alliance's collective capacity - to counter shared threats. - (5) At the NATO Wales Summit in 2014, NATO members pledged - to strive to increase their own defense spending to 2 percent - of their respective gross domestic products and to spend at - least 20 percent of their defense budgets on equipment by 2024 - as part of their burden sharing commitments. - (6) Since 2014, there has been a steady increase in allied - defense spending, with 22 member countries meeting defense - spending targets in 2018 and having submitted plans to meet the - targets by 2024. - (7) In addition to individual defense spending - contributions, NATO allies and partners also contribute to NATO - and United States operations around the world, including the - Resolute Support Mission in Afghanistan and the Global - Coalition to Defeat the Islamic State in Iraq and Syria (ISIS). - (8) South Korea hosts a baseline of 28,500 United States - forces including the Eighth Army and Seventh Air Force. - (9) South Korea maintains Aegis Ballistic Missile Defense - and Patriot Batteries that contribute to regional Ballistic - Missile Defense, is a participant in the Enforcement - Coordination Center, and is a significant contributor to United - Nations peacekeeping operations. - (10) South Korea is an active consumer of United States - Foreign Military Sales (FMS) with approximately $30,500,000,000 - in active FMS cases and makes significant financial - contributions to support forward deployed United States forces - in South Korea, including contributions of $924,000,000 under - the Special Measures Agreement in 2019 and over 90 percent of - the cost of developing Camp Humphreys. - (11) Japan hosts 54,000 United States forces including the - Seventh Fleet, the only forward-deployed United States aircraft - carrier, and the United States Marine Corps' III Marine - Expeditionary Force. - (12) Japan maintains Aegis Ballistic Missile Defense and - Patriot Batteries that contribute to regional Ballistic Missile - Defense, conducts bilateral presence operations and mutual - asset protection missions with United States forces, and is a - capacity building contributor to United Nations peacekeeping - operations. - (13) Japan is an active consumer of United States FMS with - approximately $28,400,000,000 in active FMS cases and makes - significant financial contributions to enable optimized United - States military posture, including contributions of - approximately $2,000,000,000 annually under the Special - Measures Agreement, $187,000,000 annually under the Japan - Facilities Improvement Program, $12,100,000,000 for the Futenma - Replacement Facility, $4,800,000,000 for Marine Corps Air - Station Iwakuni, and $3,100,000,000 for construction on Guam to - support the movement of United States Marines from Okinawa. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) the United States Government should focus on United - States national security requirements for investment in forward - presence, joint exercises, investments, and commitments that - contribute to the security of the United States and collective - security, and cease efforts that solely focus on the financial - contributions of United States allies and partners when - negotiating joint security arrangements; - (2) the United States must continue to strengthen its - alliances and security partnerships with like-minded - democracies around the world to deter aggression from - authoritarian competitors and promote peace and respect for - democratic values and human rights around the world; - (3) United States partners and allies should continue to - increase their military capacity and enhance their ability to - contribute to global peace and security; - (4) NATO allies should continue working toward their 2014 - Wales Defense Investment Pledge commitments; - (5) the United States should work with the Governments of - South Korea and Japan respectively to reach fair and equitable - Special Measures Agreements that reflect the critical security - relationships between both countries and the United States; - (6) the United States should maintain forward-deployed - United States forces in order to better ensure United States - national security and global stability; - (7) alliances and partnerships are the cornerstone of - United States national security and critical to countering the - threat posed by malign actors to the post-World War II liberal - international order; and - (8) the United States and NATO allies should prioritize at - each NATO Summit deterrence against Russian aggression. - -SEC. 1247. SENSE OF CONGRESS ON NATO'S RESPONSE TO THE COVID-19 - PANDEMIC. - - (a) Findings.--Congress finds the following: - (1) The North Atlantic Treaty Organization (NATO) has been - working with allies and partners to provide support to the - civilian response to the Coronavirus Disease 2019 (commonly - referred to as ``COVID-19'') pandemic, including logistics and - planning, field hospitals, and transport, while maintaining - NATO's operational readiness and continuing to carry out - critical NATO missions. - (2) Since the beginning of the pandemic, NATO allies and - partners have completed more than 350 airlift flights, - supplying hundreds of tons of critical supplies globally, have - built nearly 100 field hospitals and dedicated more than half a - million troops to support the civilian response to the - pandemic. - (3) NATO's Euro-Atlantic Disaster Response Coordination - Centre has been operating 24 hours, 7 days a week to coordinate - requests for supplies and resources. - (4) The NATO Support and Procurement Agency's Strategic - Airlift Capability and Strategic Airlift International Solution - programs have chartered flights to transport medical supplies - between partners and allies. - (5) NATO established Rapid Air Mobility to speed up - military air transport of medical supplies and resources to - allies and partners experiencing a shortage of medical supplies - and personal protective equipment. - (6) In June 2020, NATO Defense Ministers agreed to future - steps to prepare for a potential second wave of the COVID-19 - pandemic, including a new operation plan, establishing a - stockpile of medical equipment and supplies, and a new fund to - acquire medical supplies and services. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) NATO's response to the COVID-19 pandemic is an - excellent example of the democratic alliance's capacity - tackling overwhelming logistical challenges through close - collaboration; - (2) the United States should remain committed to - strengthening NATO's operational response to the pandemic; and - (3) the United States should fulfill its commitments made - at the 2020 NATO Defense Ministerial and continue to bolster - the work of the Euro-Atlantic Disaster Response Coordination - Centre, the NATO Support and Procurement Agency's Strategic - Airlift Capability and Strategic Airlift International Solution - programs, and other efforts to utilize NATO's capabilities to - support the civilian pandemic response. - -SEC. 1248. CLARIFICATION AND EXPANSION OF SANCTIONS RELATING TO - CONSTRUCTION OF NORD STREAM 2 OR TURKSTREAM PIPELINE - PROJECTS. - - (a) In General.--Subsection (a)(1) of section 7503 of the -Protecting Europe's Energy Security Act of 2019 (title LXXV of Public -Law 116-92; 22 U.S.C. 9526 note) is amended-- - (1) in subparagraph (A), by inserting ``or pipelaying - activities'' after ``pipe-laying''; and - (2) in subparagraph (B)-- - (A) in clause (i)-- - (i) by inserting ``, or significantly - facilitated the sale, lease, or provision of,'' - after ``provided''; and - (ii) by striking ``; or'' and inserting a - semicolon; - (B) in clause (ii), by striking the period at the - end and inserting a semicolon; and - (C) by adding at the end the following: - ``(iii) provided significant underwriting - services or insurance for those vessels; or - ``(iv) provided significant services or - facilities for technology upgrades or - installation of welding equipment for, or - retrofitting or tethering of, those vessels.''. - (b) Definitions.--Subsection (i) of such section is amended-- - (1) by redesignating paragraph (5) as paragraph (6); and - (2) by inserting after paragraph (4) the following: - ``(5) Pipe-laying activities.--The term `pipe-laying - activities' means activities that facilitate pipe-laying, - including site preparation, trenching, surveying, placing - rocks, stringing, bending, welding, coating, lowering of pipe, - and backfilling.''. - (c) Clarification.--The amendments made by subsection (a) shall -take effect in accordance with (d) of section 7503 of the Protecting -Europe's Energy Security Act of 2019 (22 U.S.C. 9526 note). - (d) Interim Report Required.-- - (1) In general.--As soon as practicable and not later than - 90 days after the date of the enactment of this Act, the - Secretary of State, in consultation with the Secretary of the - Treasury, shall submit a report on the matters required by - subsection (a) of section 7503 of the Protecting Europe's - Energy Security Act of 2019 (22 U.S.C. 9526 note), as amended - by this section, with respect to the period-- - (A) beginning on the later of-- - (i) the date of the enactment of this Act; - or - (ii) the date of the most recent submission - of a report required by such section 7503; and - (B) ending on the date on which the report required - by this subparagraph is submitted. - (2) Treatment.--A report submitted pursuant to paragraph - (1) shall be-- - (A) submitted to the same committees as a report - submitted under subsection (a) of such section 7503; - and - (B) otherwise treated as a report submitted under - such subsection (a) for purposes of all authorities - granted by such section pursuant to such a report. - -SEC. 1249. COORDINATION OF STOCKPILES WITH THE NORTH ATLANTIC TREATY - ORGANIZATION AND OTHER ALLIES. - - Title I of the Defense Production Act of 1950 (50 U.S.C. 5411 et -seq.) is amended by adding at the end the following new section: - -``SEC. 109. COORDINATION WITH THE NORTH ATLANTIC TREATY ORGANIZATION - AND OTHER ALLIES. - - ``(a) Coordination Required.--If the President determines to use or -invoke an authority under this title in the context of the outbreak of -a pandemic that affects other North Atlantic Treaty Organization (NATO) -member countries or affects any country with which the United States -has entered into a mutual defense treaty, the President, acting through -the Secretary of Defense with the concurrence of the Secretary of -State, and in consultation with the Secretary of Health and Human -Services, shall-- - ``(1) coordinate with appropriate counterparts of NATO - member countries or mutual defense treaty countries to assess - any logistical challenges relating to demand or supply chain - gaps with respect to the United States and such countries; - ``(2) work to fill such gaps in order to ensure a necessary - and appropriate level of scarce and critical material essential - to the national defense for the United States and such - countries; and - ``(3) promote access to vaccines or other remedies through - Federally funded medical research to respond to the declared - pandemic. - ``(b) Sense of Congress.--It is the sense of Congress that the -United States should work with its NATO and other allies and partners -to build permanent mechanisms to strengthen supply chains, fill supply -chain gaps, and maintain commitments made at the June 2020 NATO Defense -Ministerial.''. - - Subtitle F--Matters Relating to the Indo-Pacific Region - -SEC. 1251. INDO-PACIFIC REASSURANCE INITIATIVE. - - (a) Sense of Congress.--It is the sense of Congress that-- - (1) a stable, peaceful, and secure Indo-Pacific region is - vital to United States economic and national security; - (2) revisionist states, rogue states, violent extremist - organizations, and natural and manmade disasters are persistent - challenges to regional stability and security; - (3) maintaining stability and upholding a rules-based order - requires a holistic United States strategy that-- - (A) synchronizes all elements of national power; - (B) is inclusive of United States allies and - partner countries; and - (C) ensures a persistent, predictable United States - presence to reinforce regional defense; - (4) enhancing regional defense requires robust efforts to - increase capability, readiness, and responsiveness to deter and - mitigate destabilizing activities; - (5) the Department of Defense should pursue an integrated - program of activities to-- - (A) reassure United States allies and partner - countries in the Indo-Pacific region; - (B) appropriately prioritize activities and - resources to implement the National Defense Strategy; - and - (C) enhance the ability of Congress to provide - oversight of and support to Department of Defense - efforts; - (6) an integrated, coherent, and strategic program of - activities in the Indo-Pacific region, similar to the European - Deterrence Initiative (originally the European Reassurance - Initiative), will enhance United States presence and - positioning, allow for additional exercises, improve - infrastructure and logistics, and build allied and partner - capacity to deter aggression, strengthen ally and partner - interoperability, and demonstrate United States commitment to - Indo-Pacific countries; - (7) an integrated, coherent, and strategic program of - activities in the Indo-Pacific region will also assist in - resourcing budgetary priorities and enhancing transparency and - oversight of programs and activities to better enable a - coordinated and strategic plan for Department of Defense - programs; - (8) not less than $3,578,360,000 of base funding should be - allocated to fully support such program of activities in fiscal - year 2021; and - (9) the Department of Defense should ensure adequate, - consistent planning is conducted for future funding and build - upon the activities identified in fiscal year 2021 in future - budget requests, as appropriate. - (b) Indo-Pacific Reassurance Initiative.--The Secretary of Defense -shall carry out a program of prioritized activities to reassure United -States allies and partner countries in the Indo-Pacific region that -shall be known as the ``Indo-Pacific Reassurance Initiative'' (in this -section referred to as the ``Initiative''). - (c) Objectives.--The objectives of the Initiative shall include -reassuring United States allies and partner countries in the Indo- -Pacific region by-- - (1) optimizing the presence of United States Armed Forces - in the region; - (2) strengthening and maintaining bilateral and - multilateral military exercises and training with such - countries; - (3) improving infrastructure in the region to enhance the - responsiveness of United States Armed Forces; - (4) enhancing the prepositioning of equipment and materiel - in the region; and - (5) building the defense and security capabilities, - capacity, and cooperation of such countries. - (d) Plan Relating to Transparency for the Indo-Pacific Reassurance -Initiative.-- - (1) Plan required.-- - (A) In general.--Not later than February 1, 2022, - and annually thereafter, the Secretary of Defense, in - consultation with the Commander of the United States - Indo-Pacific Command, shall submit to the congressional - defense committees a future years plan on activities - and resources of the Initiative. - (B) Applicability.--The plan shall apply to the - Initiative with respect to the first fiscal year - beginning after the date of submission of the plan and - at least the 4 succeeding fiscal years. - (2) Matters to be included.--The plan required under - paragraph (1) shall include each of the following: - (A) A summary of progress made towards achieving - the objectives of the Initiative. - (B) An assessment of resource requirements to - achieve such objectives. - (C) An assessment of capabilities requirements to - achieve such objectives. - (D) An assessment of logistics requirements, - including force enablers, equipment, supplies, storage, - and maintenance requirements, to achieve such - objectives. - (E) An identification of the intended force - structure and posture of the assigned and allocated - forces within the area of responsibility of the United - States Indo-Pacific Command for the last fiscal year of - the plan and the manner in which such force structure - and posture support such objectives. - (F) An identification and assessment of required - infrastructure and military construction investments to - achieve such objectives, including potential - infrastructure investments proposed by host countries, - new construction or modernization of existing sites - that would be funded by the United States, and a master - plan that includes the following: - (i) A list of specific locations, organized - by country, in which the Commander of the - United States Indo-Pacific Command anticipates - requiring infrastructure investments to support - an enduring or periodic military presence in - the region. - (ii) A list of specific infrastructure - investments required at each location - identified under clause (i), to include the - project title and estimated cost of each - project. - (iii) A brief explanation for how each - location identified under clause (i) and - infrastructure investments identified under - clause (ii) support a validated requirement or - component of the overall strategy in the - region. - (iv) A discussion of any gaps in the - current infrastructure authorities that would - preclude implementation of the infrastructure - investments identified under clause (ii). - (v) A description of the type and size of - military force elements that would maintain an - enduring presence or operate periodically from - each location identified under clause (i). - (vi) A summary of kinetic and non-kinetic - vulnerabilities for current locations and each - location identified in clause (i), to include-- - (I) the level of risk associated - with each vulnerability; and - (II) the proposed mitigations and - projected costs to address each such - vulnerability, to include-- - (aa) hardening and other - resilience measures; - (bb) active and passive - counter-Intelligence, - Surveillance, and - Reconnaissance; - (cc) active and passive - counter Positioning, - Navigation, and Timing; - (dd) air and missile - defense capabilities; - (ee) enhanced logistics and - sea lines of communication - security; and - (ff) other issues - identified by the Commander of - the United States Indo-Pacific - Command. - (G) An assessment of logistics requirements, - including force enablers, equipment, supplies, storage, - fuel storage and distribution, and maintenance - requirements, to achieve such objectives. - (H) An analysis of the challenges to the ability of - the United States to deploy significant forces from the - continental United States to the Indo-Pacific theater - in the event of a major contingency, and a description - of the plans of the Department of Defense, including - military exercises, to address such challenges. - (I) An assessment and plan for security cooperation - investments to enhance such objectives. - (J) A plan to resource United States force posture - and capabilities, including-- - (i) the infrastructure capacity of existing - locations and their ability to accommodate - additional United States forces in the Indo- - Pacific region; - (ii) the potential new locations for - additional United States Armed Forces in the - Indo-Pacific region, including an assessment of - infrastructure and military construction - resources necessary to accommodate such forces; - (iii) a detailed timeline to achieve - desired posture requirements; - (iv) a detailed assessment of the resources - necessary to achieve the requirements of the - plan, including specific cost estimates for - each project under the Initiative to support - optimized presence, exercises and training, - enhanced prepositioning, improved - infrastructure, and building partnership - capacity; and - (v) a detailed timeline to achieve the - force posture and capabilities, including force - requirements. - (K) A detailed explanation of any significant - modifications of the requirements or resources, as - compared to plans previously submitted under paragraph - (1). - (L) Any other matters the Secretary of Defense - determines should be included. - (3) Form.--The plan required under paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. - (e) Budget Submission Information.--For fiscal year 2022 and each -fiscal year thereafter, the Secretary of Defense shall include in the -budget justification materials submitted to Congress in support of the -Department of Defense budget for that fiscal year (as submitted with -the budget of the President under section 1105(a) of title 31, United -States Code)-- - (1) the amounts, by budget function and as a separate item, - requested for the Department of Defense for such fiscal year - for all programs and activities under the Initiative; and - (2) a detailed budget display for the Initiative, - including-- - (A) with respect to procurement accounts-- - (i) amounts displayed by account, budget - activity, line number, line item, and line item - title; and - (ii) a description of the requirements for - each such amounts; - (B) with respect to research, development, test, - and evaluation accounts-- - (i) amounts displayed by account, budget - activity, line number, program element, and - program element title; and - (ii) a description of the requirements for - each such amount; - (C) with respect to operation and maintenance - accounts-- - (i) amounts displayed by account title, - budget activity title, line number, and - subactivity group title; and - (ii) a description of how such amounts will - specifically be used; - (D) with respect to military personnel accounts-- - (i) amounts displayed by account, budget - activity, budget subactivity, and budget - subactivity title; and - (ii) a description of the requirements for - each such amount; and - (E) with respect to each project under military - construction accounts (including with respect to - unspecified minor military construction and amounts for - planning and design), the country, location, project - title, and project amount for each fiscal year. - (f) End of Fiscal Year Report.--Not later than November 20, 2022, -and annually thereafter, the Secretary of Defense shall submit to the -congressional defense committees a report that contains-- - (1) a detailed summary of funds obligated for the +SEC. 1251. PACIFIC DETERRENCE INITIATIVE. + (a) In General.--The Secretary of Defense shall establish an +initiative, to be known as the ``Pacific Deterrence Initiative'' (in +this section referred to as the ``Initiative''), to carry out +prioritized activities to enhance the United States deterrence and +defense posture in the Indo-Pacific region, assure allies and partners, +and increase capability and readiness in the Indo-Pacific region. + (b) Purpose.--The Initiative required under subsection (a) shall +carry out the following prioritized activities to improve the design +and posture of the joint force in the Indo-Pacific region, primarily +west of the International Date Line: + (1) Modernize and strengthen the presence of the United States + Armed Forces, including those with advanced capabilities. + (2) Improve logistics and maintenance capabilities and the pre- + positioning of equipment, munitions, fuel, and materiel. + (3) Carry out a program of exercises, training, + experimentation, and innovation for the joint force. + (4) Improve infrastructure to enhance the responsiveness and + resiliency of the United States Armed Forces. + (5) Build the defense and security capabilities, capacity, and + cooperation of allies and partners. + (c) Funding.--Of the amounts authorized to be appropriated by this +Act for the Department of Defense for fiscal year 2021, $2,234,958,000 +is authorized to be made available to carry out the Initiative required +under subsection (a), as specified in the funding tables in division D +of this Act. + (d) Plan Required.--Not later than February 15, 2021, and annually +thereafter, the Secretary, in consultation with the Commander of the +United States Indo-Pacific Command, shall submit to the congressional +defense committees a report on future year activities and resources for +the Initiative that includes the following: + (1) A description of the activities and resources for the first + fiscal year beginning after the date of submission of the report + and the plan for not fewer than the four following fiscal years, + organized by the activities described in paragraphs (1) through (5) + of subsection (b). + (2) A summary of progress made towards achieving the purposes + of the Initiative. + (3) A summary of the activity, resource, capability, + infrastructure, and logistics requirements necessary to achieve + measurable progress in reducing risk to the joint force's ability + to achieve objectives in the region, including through investments + in-- + (A) active and passive defenses against unmanned aerial + systems and theater cruise, ballistic, and hypersonic missiles; + (B) advanced long-range precision strike systems; + (C) command, control, communications, computers, + intelligence, surveillance, and reconnaissance systems; + (D) test range capacity, capability, and coordination; + (E) dispersed, resilient, and adaptive basing to support + distributed operations, including expeditionary airfields and + ports; + (F) advanced critical munitions; + (G) pre-positioned forward stocks of fuel, munitions, + equipment, and materiel; + (H) distributed logistics and maintenance capabilities; + (I) strategic mobility assets; + (J) improved interoperability and information sharing with + allies and partners; + (K) information operations capabilities; + (L) bilateral and multilateral military exercises and + training with allies and partners; and + (M) use of security cooperation authorities to further + build partner capacity. + (4) A detailed timeline to achieve the requirements identified + under paragraph (3). + (5) A detailed explanation of any significant modifications to + such requirements, as compared to plans previously submitted under + this subsection. + (6) Any other matter, as determined by the Secretary. + (e) Budget Display Information.--The Secretary shall include a +detailed budget display for the Initiative in the materials of the +Department of Defense in support of the budget of the President +(submitted to Congress pursuant to section 1105 of title 31, United +States Code) for fiscal year 2022 and each fiscal year thereafter that +includes the following information: + (1) The resources necessary for the Initiative to carry out the + activities required under subsection (b) for the applicable fiscal + year and not fewer than the four following fiscal years, organized + by the activities described in paragraphs (1) through (5) of that + subsection. + (2) With respect to procurement accounts-- + (A) amounts displayed by account, budget activity, line + number, line item, and line item title; and + (B) a description of the requirements for such amounts + specific to the Initiative. + (3) With respect to research, development, test, and evaluation + accounts-- + (A) amounts displayed by account, budget activity, line + number, program element, and program element title; and + (B) a description of the requirements for such amounts + specific to the Initiative. + (4) With respect to operation and maintenance accounts-- + (A) amounts displayed by account title, budget activity + title, line number, and subactivity group title; and + (B) a description of the specific manner in which such + amounts will be used. + (5) With respect to military personnel accounts-- + (A) amounts displayed by account, budget activity, budget + subactivity, and budget subactivity title; and + (B) a description of the requirements for such amounts + specific to the Initiative. + (6) With respect to each project under military construction + accounts (including with respect to unspecified minor military + construction and amounts for planning and design), the country, + location, project title, and project amount by fiscal year. + (7) With respect to the activities described in subsection + (b)-- + (A) amounts displayed by account title, budget activity + title, line number, and subactivity group title; and + (B) a description of the specific manner in which such + amounts will be used. + (8) With respect to each military service-- + (A) amounts displayed by account title, budget activity + title, line number, and subactivity group title; and + (B) a description of the specific manner in which such + amounts will be used. + (9) With respect to the amounts described in each of paragraphs + (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and (8)(A), a + comparison between-- + (A) the amount in the budget of the President for the + following fiscal year; + (B) the amount projected in the previous budget of the + President for the following fiscal year; + (C) a detailed summary of funds obligated for the Initiative during the preceding fiscal year; and - (2) a detailed comparison of funds obligated for the - Initiative during the preceding fiscal year to the amount of - funds requested for the Initiative for such fiscal year in the - materials submitted to Congress by the Secretary in support of - the budget of the President for that fiscal year as required by - subsection (e), including with respect to each of the accounts - described in subparagraphs (A), (B), (C), (D), and (E) of - subsection (e)(2) and the information required under each such - subparagraph. - (g) Briefings Required.--Not later than March 1, 2023, and annually -thereafter, the Secretary of Defense shall provide to the congressional -defense committees a briefing on the status of all matters covered by -the report required by section (f). - (h) Relationship to Budget.--Nothing in this section shall be -construed to affect section 1105(a) of title 31, United States Code. - (i) Conforming Repeal.--Section 1251 of the National Defense -Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. -1676) is repealed. - -SEC. 1252. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF - MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO - ARE DEPLOYED TO SOUTH KOREA. - + (D) a detailed comparison of funds obligated for the + Initiative during the previous fiscal year to the amount of + funds requested for such fiscal year. + (f) Briefings Required.--Not later than March 1, 2021, and annually +thereafter, the Secretary shall provide to the congressional defense +committees a briefing on the budget proposal and programs, including +the budget display information for the applicable fiscal year required +by subsection (e). + (g) Repeal.--Section 1251 of the National Defense Authorization Act +for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1676), as most +recently amended by section 1253 of the John S. McCain National Defense +Authorization Act for fiscal year 2019 (Public Law 115-232; 132 Stat. +2054), is repealed. +SEC. 1252. EXTENSION AND MODIFICATION OF PROHIBITION ON COMMERCIAL +EXPORT OF CERTAIN COVERED MUNITIONS ITEMS TO THE HONG KONG POLICE +FORCE. + (a) In General.--The Act entitled ``An Act to prohibit the +commercial export of covered munitions items to the Hong Kong Police +Force'', approved November 27, 2019 (Public Law 116-77; 133 Stat. +1173), is amended-- + (1) by amending the title to read as follows: ``An Act to + prohibit the commercial export of covered munitions and crime + control items to the Hong Kong Police Force.''; + (2) in section 1(2)-- + (A) by amending the paragraph heading to read as follows: + ``Covered munitions and crime control items ''; and + (B) by striking ``covered munitions items'' and inserting + ``covered munitions and crime control items''; + (3) in section 2-- + (A) in the section heading, by striking ``covered munitions + items'' and inserting ``covered munitions and crime control + items''; and + (B) in subsection (a), by striking ``covered munitions + items'' and inserting ``covered munitions and crime control + items''; and + (4) in section 3, by striking ``one year after the date of the + enactment of this Act'' and inserting ``on December 31, 2021''. + (b) Technical Corrections to the Hong Kong Autonomy Act.--The Hong +Kong Autonomy Act of 2020 (Public Law 116-149; 134 Stat. 663) is +amended-- + (1) in section 2(10), by striking ``The'' and inserting + ``Except as otherwise specifically provided, the''; and + (2) in section 7(b)(7), by inserting ``by any person (as + defined in section 4801(8) of title 50, United States Code)'' after + ``(in country)''. +SEC. 1253. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP. + (a) Transfer Authority.--Notwithstanding section 2215 of title 10, +United States Code, the Secretary of Defense may transfer to the +Secretary of State, for use by the United States Agency for +International Development, amounts to be used for the Bien Hoa dioxin +cleanup in Vietnam. + (b) Limitation on Amount.--Not more than $15,000,000 may be +transferred in fiscal year 2021 under the transfer authority in +subsection (a). + (c) Additional Transfer Authority.--The transfer authority in +subsection (a) is in addition to any other transfer authority available +to the Department of Defense. + (d) Notice on Exercise of Authority.--If the Secretary of Defense +determines to use the transfer authority in subsection (a), the +Secretary shall notify the congressional defense committee of that +determination not later than 30 days before the Secretary uses the +transfer authority. +SEC. 1254. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR VIETNAMESE +PERSONNEL MISSING IN ACTION. + (a) In General.--The Secretary of Defense, in coordination with the +Secretary of State, is authorized to carry out a cooperative program +with the Ministry of Defense of Vietnam to assist in accounting for +Vietnamese personnel missing in action. + (b) Purpose.--The purpose of the cooperative program under +subsection (a) is to carry out the following activities: + (1) Collection, digitization, and sharing of archival + information. + (2) Building the capacity of Vietnam to conduct archival + research, investigations, and excavations. + (3) Improving DNA analysis capacity. + (4) Increasing veteran-to-veteran exchanges. + (5) Other support activities the Secretary of Defense considers + necessary and appropriate. +SEC. 1255. SENSE OF CONGRESS ON THE UNITED STATES-VIETNAM DEFENSE +RELATIONSHIP. + In commemoration of the 25th anniversary of the normalization of +diplomatic relations between the United States and Vietnam, Congress-- + (1) welcomes the historic progress and achievements in United + States-Vietnam relations over the last 25 years; + (2) commends the commitment of Vietnam to resolve international + disputes through peaceful means on the basis of international law; + (3) congratulates Vietnam on its chairmanship of the + Association of Southeast Asian Nations and its election as a + nonpermanent member of the United Nations Security Council, both of + which symbolize the positive leadership role of Vietnam in regional + and global affairs; + (4) affirms the commitment of the United States-- + (A) to respect the independence and sovereignty of Vietnam; + and + (B) to establish and promote friendly relations and to work + together on an equal footing for mutual benefit with Vietnam; + (5) encourages the United States and Vietnam to elevate their + comprehensive partnership to a strategic partnership based on + mutual understanding, shared interests, and a common desire to + promote peace, cooperation, prosperity, and security in the Indo- + Pacific region; + (6) affirms the commitment of the United States to continue to + address war legacy issues, including through dioxin remediation, + unexploded ordnance removal, accounting for prisoners of war and + soldiers missing in action, and other activities; and + (7) supports deepening defense cooperation between the United + States and Vietnam, in support of United States interests and + international law, including with respect to maritime security, + cybersecurity, counterterrorism, information sharing, human rights, + humanitarian assistance and disaster relief, military medicine, + peacekeeping operations, defense trade, and other areas. +SEC. 1256. PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH VIETNAM, +THAILAND, AND INDONESIA. + (a) In General.--The Secretary of Defense, with the concurrence of +the Secretary of State, may establish, using existing authorities of +the Department of Defense, a pilot program in Vietnam, Thailand, and +Indonesia-- + (1) to enhance the cyber security, resilience, and readiness of + the military forces of Vietnam, Thailand, and Indonesia; and + (2) to increase regional cooperation between the United States + and Vietnam, Thailand, and Indonesia on cyber issues. + (b) Elements.--The activities of the pilot program under subsection +(a) shall include the following: + (1) Provision of training to military officers and civilian + officials in the ministries of defense of Vietnam, Thailand, and + Indonesia. + (2) The facilitation of regular dialogues and trainings among + the Department of Defense and the ministries of defense of Vietnam, + Thailand, and Indonesia with respect to the development of + infrastructure to protect against foreign cyber attacks. + (3) To undertake, as part of cyber cooperation, training that + includes curricula expressly relating to human rights, the rule of + law, and internet freedom. + (c) Reports.-- + (1) Design of pilot program.--Not later than June 1, 2021, the + Secretary of Defense, with the concurrence of the Secretary of + State, shall submit to the appropriate committees of Congress a + report on the design of the pilot program under subsection (a). + (2) Progress report.--Not later than December 31, 2021, and + annually thereafter until the date on which the pilot program + terminates under subsection (e), the Secretary of Defense, with the + concurrence of the Secretary of State, shall submit to the + appropriate committees of Congress a report on the pilot program + that includes-- + (A) a description of the activities conducted and the + results of such activities; + (B) an assessment of reforms relevant to cybersecurity and + technology in enhancing the cyber security, resilience, and + readiness of the military forces of Vietnam, Thailand, and + Indonesia; + (C) an assessment of the effectiveness of curricula + relating to human rights, the rule of law, and internet + freedom; and + (D) the content and curriculum of any program made + available to participants of such program. + (d) Certification.--Not later than 30 days before the date on which +the pilot program under subsection (a) is scheduled to commence, the +Secretary of Defense, with the concurrence of the Secretary of State, +shall submit to the appropriate committees of Congress a certification +indicating whether such program would credibly enable, enhance, or +facilitate violations of internet freedom or other human rights abuses +in Vietnam, Indonesia, or Thailand. + (e) Termination.--The pilot program under subsection (a) shall +terminate on December 31, 2024. + (f) 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. +SEC. 1257. REPORT ON THE COSTS MOST DIRECTLY ASSOCIATED WITH THE +STATIONING OF THE ARMED FORCES IN JAPAN. + (a) In General.--Not later than February 1, 2021, the Secretary of +State, in consultation with the Secretary of Defense, shall submit to +the appropriate congressional committees a report on the costs most +directly associated with the stationing of United States forces in +Japan that are the subject of the current Special Measures Agreement +negotiations between the United States Government and the Government of +Japan. The report shall include-- + (1) a description of each category of costs, including labor, + utilities, training relocation, and any other categories the + Secretary determines appropriate, that are most directly associated + with the stationing of the Armed Forces in Japan; + (2) a detailed description of which of the costs most directly + associated with the stationing of the Armed Forces in Japan are + incurred in Japan and which such costs are incurred outside of + Japan; + (3) a description of each category of contributions made by the + Government of Japan that allay the costs to United States of + stationing the Armed Forces in Japan, as well as the corresponding + description of each category of costs incurred by the United States + Government; + (4) the benefits to United States national security and + regional security derived from the forward presence of the Armed + Forces in Japan; + (5) the impacts to the national security of the United States, + the security of Japan, and peace and stability in the Indo-Pacific + region, if a new Special Measures Agreement is not reached before + March 31, 2021; and + (6) any other matters the Secretary determines appropriate. + (b) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committee'' means-- + (1) the congressional defense committees; and + (2) the Committee on Foreign Relations of the Senate and the + Committee on Foreign Affairs of the House of Representatives. +SEC. 1258. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF +MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO ARE DEPLOYED TO +SOUTH KOREA. None of the funds authorized to be appropriated by this Act may be used to reduce the total number of members of the Armed Forces serving -on active duty who are deployed to South Korea below 28,500 until 180 +on active duty who are deployed to South Korea below 28,500 until 90 days after the date on which the Secretary of Defense certifies to the congressional defense committees the following: - (1) Such a reduction is in the national security interest - of the United States and will not significantly undermine the - security of United States allies in the region. - (2) Such a reduction is commensurate with a reduction in - the threat posed to the United States and its allies in the - region by the Democratic People's Republic of Korea. - (3) Following such a reduction, the Republic of Korea would - be capable of deterring a conflict on the Korean Peninsula. - (4) The Secretary has appropriately consulted with allies - of the United States, including South Korea and Japan, - regarding such a reduction. - -SEC. 1253. IMPLEMENTATION OF GAO RECOMMENDATIONS ON PREPAREDNESS OF - UNITED STATES FORCES TO COUNTER NORTH KOREAN CHEMICAL AND - BIOLOGICAL WEAPONS. - + (1) Such a reduction is in the national security interest of + the United States and will not significantly undermine the security + of United States allies in the region. + (2) The Secretary has appropriately consulted with allies of + the United States, including South Korea and Japan, regarding such + a reduction. +SEC. 1259. IMPLEMENTATION OF GAO RECOMMENDATIONS ON PREPAREDNESS OF +UNITED STATES FORCES TO COUNTER NORTH KOREAN CHEMICAL AND BIOLOGICAL +WEAPONS. (a) Plan Required.-- - (1) In general.--The Secretary of Defense shall develop a - plan to address the recommendations in the U.S. Government - Accountability Office's report entitled ``Preparedness of U.S. - Forces to Counter North Korean Chemical and Biological - Weapons'' (GAO-20-79C). - (2) Elements.--The plan required under paragraph (1) shall, - with respect to each recommendation in the report described in - paragraph (1) that the Secretary of Defense has implemented or - intends to implement, include-- - (A) a summary of actions that have been or will be - taken to implement the recommendation; and - (B) a schedule, with specific milestones, for - completing implementation of the recommendation. - (b) Submittal to Congress.--Not later than 1 year after the date of -the enactment of this Act, the Secretary of Defense shall submit to the -congressional defense committees the plan required under subsection + (1) In general.--The Secretary of Defense shall develop a plan + to address the recommendations in the U.S. Government + Accountability Office's report entitled ``Preparedness of U.S. + Forces to Counter North Korean Chemical and Biological Weapons'' + (GAO-21-104C). + (2) Elements.--The plan required under paragraph (1) shall, + with respect to each recommendation in the report described in + paragraph (1) that the Secretary of Defense has implemented or + intends to implement, include-- + (A) a summary of actions that have been or will be taken to + implement the recommendation; and + (B) a schedule, with specific milestones, for completing + implementation of the recommendation. + (b) Submission to Congress.--Not later than 1 year after the date +of the enactment of this Act, the Secretary of Defense shall submit to +the congressional defense committees the plan required under subsection (a). (c) Deadline for Implementation.-- - (1) In general.--Except as provided in paragraph (2), not - later than 18 months after the date of the enactment of this - Act, the Secretary of Defense shall carry out activities to - implement the plan developed under subsection (a). - (2) Exception for implementation of certain - recommendations.-- - (A) Delayed implementation.--The Secretary of - Defense may initiate implementation of a recommendation - in the report described in subsection (a)(1) after the - date specified in paragraph (1) if the Secretary - provides the congressional defense committees with a - specific justification for the delay in implementation - of such recommendation on or before such date. - (B) Nonimplementation.--The Secretary of Defense - may decide not to implement a recommendation in the - report described in subsection (a)(1) if the Secretary - provides to the congressional defense committees, on or - before the date specified in paragraph (1)-- - (i) a specific justification for the - decision not to implement the recommendation; - and - (ii) a summary of alternative actions the - Secretary plans to take to address the - conditions underlying the recommendation. - -SEC. 1254. PUBLIC REPORTING OF CHINESE MILITARY COMPANIES OPERATING IN - THE UNITED STATES. - - (a) Determination of Operations.--Not later than 1 year after the -date of the enactment of this Act, and on an ongoing basis thereafter, -the Secretary of Defense shall identify each entity the Secretary -determines, based on the most recent information available, is-- - (1)(A) directly or indirectly owned, controlled, or - beneficially owned by, or in an official or unofficial capacity - acting as an agent of or on behalf of, the People's Liberation - Army or any of its affiliates; or - (B) identified as a military-civil fusion contributor to - the Chinese defense industrial base; - (2) engaged in providing commercial services, - manufacturing, producing, or exporting; and - (3) operating directly or indirectly in the United States, - including any of its territories and possessions. - (b) Submission; Publication.-- - (1) Submission.--Not later than 1 year after the date of - the enactment of this Act, and every 2 years thereafter, the - Secretary shall submit to the Committees on Armed Services of - the House of Representatives and the Senate an updated list of - each entity determined to be a Chinese military company - pursuant to subsection (a), in classified and unclassified - forms. - (2) Publication.--Concurrent with the submission of a list - under paragraph (1), the Secretary shall publish the - unclassified portion of such list in the Federal Register. - (c) Consultation.--The Secretary may consult with the head of any -appropriate Federal department or agency in making the determinations -required under subsection (a) and shall transmit a copy of each list -submitted under subsection (b)(1) to the heads of each appropriate -Federal department and agency. - (d) Definitions.-- - (1) Military-civil fusion contributor.--In this section, - the term ``military-civil fusion contributor'' includes-- - (A) entities receiving assistance from the - Government of China through science and technology - efforts initiated under the Chinese military industrial - planning apparatus; - (B) entities affiliated with the Chinese Ministry - of Industry and Information Technology, including - entities connected through Ministry schools, research - partnerships, and state-aided science and technology - projects; - (C) entities receiving assistance from the - Government of China or operational direction or policy - guidance from the State Administration for Science, - Technology and Industry for National Defense; - (D) entities recognized and awarded with receipt of - an innovation prize for science and technology by such - State Administration; - (E) any other entity or subsidiary defined as a - ``defense enterprise'' by the Chinese State Council; - and - (F) entities residing in or affiliated with a - military-civil fusion enterprise zone or receiving - assistance from the Government of China through such - enterprise zone. - (2) People's liberation army.--The term ``People's - Liberation Army'' means the land, naval, and air military - services, the police, and the intelligence services of the - Government of China, and any member of any such service or of - such police. - -SEC. 1255. INDEPENDENT STUDY ON THE DEFENSE INDUSTRIAL BASE OF THE - PEOPLE'S REPUBLIC OF CHINA. - - (a) 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 the defense industrial base of the People's -Republic of China. - (b) Elements of Study.--The study required under subsection (a) -shall assess the resiliency and capacity of China's defense industrial -base to support its objectives in competition and conflict, including -with respect to the following: - (1) The manufacturing capacity and physical plant capacity - of the defense industrial base, including its ability to - modernize to meet future needs. - (2) Gaps in national-security-related domestic - manufacturing capabilities, including non-existent, extinct, - threatened, and single-point-of-failure capabilities. - (3) Supply chains with single points of failure or limited - resiliency, especially suppliers at third-tier and lower. - (4) Energy consumption and vulnerabilities. - (5) Domestic education and manufacturing workforce skills. - (6) Exclusive or dominant supply of military and civilian - materiel, raw materials, or other goods (or components thereof) - essential to China's national security by the United States or - United States allies and partners. - (7) The ability to meet the likely repair and new - construction demands of the People's Liberation Army in the - event of a protracted conflict. - (8) The availability of substitutes or alternative sources - for goods identified pursuant to paragraph (6). - (9) Recommendations for legislative, regulatory, and policy - changes and other actions by the President and the heads of - Federal agencies as appropriate based upon a reasoned - assessment that the benefits outweigh the costs (broadly - defined to include any economic, strategic, and national - security benefits or costs) over the short, medium, and long- - term to erode, in the event of a conflict, the ability of - China's defense industrial base to support the national - objectives of China. - (c) Submission to Department of Defense.--Not later than 210 days -after the date of the enactment of this Act, the federally funded -research and development center shall submit to the Secretary a report -containing the study conducted under subsection (a). - (d) Submission to Congress.--Not later than 240 days after the date -of the enactment of this Act, the Secretary shall submit to the -congressional defense committees the report submitted to the Secretary -under subsection (c), without change but with any comments of the -Secretary with respect to the report. - -SEC. 1256. DETERRENCE STRATEGY AGAINST CHINESE-ORIGIN CYBER ATTACKS. - - (a) Findings.--Congress finds the following: - (1) Cyber-enabled industrial espionage and the large scale - cybertheft of personal information by the People's Republic of - China (``PRC'') are severely detrimental to national security, - economic vitality, and technological preeminence. - (2) Such attacks are generally situated within the context - of state-sponsored gray zone campaigns and not generally - ultimately attributable to sub-state actors. - (3) The United States response to such espionage has not - included the imposition of sufficient costs on the PRC to deter - or credibly respond to such attacks. - (b) Statement of Policy.--It is the policy of the United States to -deter and respond to industrial espionage and the theft of personal -information conducted against the United States or United States -persons by the PRC, PRC persons or entities, or persons or entities -acting on behalf of the PRC. - (c) In General.--Not later than 180 days after the date of the + (1) In general.--Except as provided in paragraph (2), not later + than 18 months after the date of the enactment of this Act, the + Secretary of Defense shall carry out activities to implement the + plan developed under subsection (a). + (2) Exception for implementation of certain recommendations.-- + (A) Delayed implementation.--The Secretary of Defense may + initiate implementation of a recommendation in the report + described in subsection (a)(1) after the date specified in + paragraph (1) if the Secretary provides the congressional + defense committees with a specific justification for the delay + in implementation of such recommendation on or before such + date. + (B) Nonimplementation.--The Secretary of Defense may decide + not to implement a recommendation in the report described in + subsection (a)(1) if the Secretary provides to the + congressional defense committees, on or before the date + specified in paragraph (1)-- + (i) a specific justification for the decision not to + implement the recommendation; and + (ii) a summary of alternative actions the Secretary + plans to take to address the conditions underlying the + recommendation. +SEC. 1260. STATEMENT OF POLICY AND SENSE OF CONGRESS ON THE TAIWAN +RELATIONS ACT. + (a) Statement of Policy.--It is the policy of the United States-- + (1) that the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. + 3301 et seq.) and the Six Assurances provided by the United States + to Taiwan in July 1982 are the foundation for United States-Taiwan + relations; + (2) to fully pursue the deepening of the extensive, close, and + friendly relations of the United States and Taiwan pursuant to the + Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), the + intent of which is to facilitate greater cooperation and the + broadening and deepening of United States-Taiwan relations; + (3) that the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. + 3301 et seq.) shall be implemented and executed, consistent with + the Six Assurances, to address evolving political, security, and + economic dynamics and circumstances; + (4) that, as set forth in the Taiwan Relations Act (Public Law + 96-8; 22 U.S.C. 3301 et seq.), the United States decision to + establish diplomatic relations with the People's Republic of China + rests upon the expectation that the future of Taiwan will be + determined by peaceful means, and that any effort to determine the + future of Taiwan by other than peaceful means, including boycotts + and embargoes, is a threat to the peace and security of the Western + Pacific area and of grave concern to the United States; + (5) that the increasingly coercive and aggressive behavior of + the People's Republic of China towards Taiwan is contrary to the + expectation of the peaceful resolution of the future of Taiwan; and + (6) as set forth in the Taiwan Relations Act (Public Law 96-8; + 22 U.S.C. 3301 et seq.), to maintain the capacity to resist any + resort to force or other forms of coercion that would jeopardize + the security, or the social or economic system, of the people on + Taiwan. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) the United States should continue to support the + development of capable, ready, and modern defense forces necessary + for Taiwan to maintain a sufficient self-defense capability, + including by-- + (A) supporting acquisition by Taiwan of defense articles + and services through foreign military sales, direct commercial + sales, and industrial cooperation, with an emphasis on + capabilities that support the asymmetric defense strategy of + Taiwan, including anti-ship, coastal defense, anti-armor, air + defense, undersea warfare, advanced command, control, + communications, computers, intelligence, surveillance, and + reconnaissance, and resilient command and control capabilities; + (B) ensuring timely review of and response to requests of + Taiwan for defense articles and services; + (C) conducting practical training and military exercises + with Taiwan that enable Taiwan to maintain a sufficient self- + defense capability; + (D) examining the potential for expanding professional + military education and technical training opportunities in the + United States for military personnel of Taiwan; + (E) increasing exchanges between senior defense officials + and general officers of the United States and Taiwan at the + strategic, policy, and functional levels, consistent with the + Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), + especially for the purposes of-- + (i) enhancing cooperation on defense planning; + (ii) improving the interoperability of the military + forces of the United States and Taiwan; and + (iii) improving the reserve force of Taiwan; and + (F) expanding cooperation in humanitarian assistance and + disaster relief; + (2) the Secretary of State should ensure that any policy + guidance related to United States-Taiwan relations is fully + consistent with the statement of policy set forth in subsection + (a); + (3) the Secretary of Defense should ensure that policy guidance + related to United States-Taiwan defense relations is fully + consistent with the statement of policy set forth in subsection + (a); and + (4) the Secretary of State, the Secretary of Defense, and the + heads of other Federal agencies and departments, as appropriate, + should issue new guidance as required to carry out such policy. +SEC. 1260A. ANNUAL BRIEFING ON TAIWAN ARMS SALES. + (a) In General.--Not later than 45 days after the date of the +enactment of this Act, and annually thereafter, the Secretary of State, +or his or her designee, shall brief the Committee on Foreign Relations +of the Senate and the Committee on Foreign Affairs of the House of +Representatives on the United States commitment to supporting Taiwan in +maintaining a sufficient self-defense capability, as required by the +Taiwan Relations Act (22 U.S.C. 3301 et seq.) and affirmed in the Asia +Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note). + (b) Elements.--Each briefing required by subsection (a) shall +include the following: + (1) A description of United States efforts to implement section + 209(b) of the Asia Reassurance Initiative Act of 2018 (22 U.S.C. + 3301 note) by conducting regular transfers to Taiwan of defense + articles tailored to meet the existing and likely future threats + from the People's Republic of China, including any effort to + support Taiwan in the development and integration into its military + forces of asymmetric capabilities, as appropriate, including + mobile, survivable, and cost-effective capabilities. + (2) A description of the role of such transfers of defense + articles and services in supporting Taiwan in maintaining the + capabilities, readiness levels, and resourcing necessary to fulfill + and implement Taiwan's Overall Defense Concept. + (3) A description of-- + (A) United States efforts to conduct a regularized process + for consideration of transfers of defense articles and services + to Taiwan; and + (B) any barriers to conducting such a process. + (c) Sunset.--This section shall cease to have effect on December +31, 2026. +SEC. 1260B. REPORT ON UNITED STATES-TAIWAN MEDICAL SECURITY +PARTNERSHIP. + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense, in consultation with the Secretary of +Health and Human Services, shall submit to the Committees on Armed +Services of the Senate and the House of Representatives a report on the +feasibility of establishing a medical security partnership with the +Ministry of Defense of Taiwan that shall include the following: + (1) The goals and objectives of developing a medical security + partnership on issues related to pandemic preparedness and control. + (2) A discussion of current and future plans to cooperate on + medical security activities. + (3) An evaluation of the feasibility of cooperating on a range + of activities under the partnership, including-- + (A) research and production of vaccines and medicines; + (B) joint conferences with scientists and experts; + (C) collaboration relating to and exchanges of medical + supplies and equipment; and + (D) the use of hospital ships such as the United States + Naval Ship Comfort and United States Naval Ship Mercy. + (4) Any other matters the Secretary of Defense determines + appropriate. +SEC. 1260C. ESTABLISHMENT OF CAPABILITIES TO ASSESS THE DEFENSE +TECHNOLOGICAL AND INDUSTRIAL BASES OF CHINA AND OTHER FOREIGN +ADVERSARIES. + (a) Assessments.--The Secretary of Defense, in coordination with +the heads of other Federal departments and agencies as appropriate, +shall define intelligence and other information requirements, sources, +and organizational responsibilities for assessing the defense +technological and industrial bases of foreign adversaries and +conducting comparative analyses of such technological and industrial +bases with respect to their resilience and capacity to support their +strategic objectives. The requirements, sources, and responsibilities +shall include-- + (1) examining the competitive military advantages of foreign + adversaries, including with respect to regulation, raw materials, + use of energy and other natural resources, education, labor, and + capital accessibility; + (2) assessing relative cost, speed of product development, age + and value of the installed capital base, leadership's technical + competence and agility, nationally-imposed inhibiting conditions by + foreign adversaries, the availability of human and material + resources, and reliance on the industrial base of the United States + or United States allies and partners; + (3) a temporal evaluation of the competitive strengths and + weaknesses of United States industry, including manufacturing surge + capacity, versus the directed priorities and capabilities of + foreign adversary governments; and + (4) assessing any other issues that the Secretary determines + appropriate. + (b) Methodology.--The Secretary of Defense shall incorporate inputs +pursuant to subsection (a) as part of a methodology to continuously +assess domestic and foreign defense industries, markets, and companies +of significance to military and industrial advantage to identify supply +chain vulnerabilities. + (c) Conduct of Assessment Work by Independent Organization.-- + (1) Agreement authorized.--The Secretary of Defense is + authorized to enter into an agreement with an independent + organization to carry out some of the assessment work required + under subsections (a) and (b). + (2) Notification.--If the Secretary enters such an agreement, + the Secretary shall, not later than March 15, 2021, provide to the + congressional defense committees a report identifying the + organization and describing the scope of work under the agreement. + (d) Reports.-- + (1) Initial report.--Not later than March 15, 2021, the + Secretary of Defense shall submit to the congressional defense + committees a report on efforts to establish the continuous + assessment activity required under subsections (a) and (b), + including a notification if the Secretary engages an independent + organization, pursuant to subsection (c), to prepare the report + described in paragraph (2). + (2) Subsequent report.-- + (A) In general.--Not later than August 1, 2021, the + Secretary shall submit to the congressional defense committees + a report on the first assessment required under subsections (a) + and (b) with respect to the People's Republic of China. + (B) Elements.--The report required by subparagraph (A) + shall include-- + (i) the information described in subsection (a); + (ii) any exclusive or dominant supply of military and + civilian material, raw materials, or other goods (or + components thereof) essential to China's national security + by the United States or United States allies and partners; + and + (iii) the availability of substitutes or alternative + sources for goods identified under clause (ii). + (3) Inclusion of independent organization's assessment work.-- + If the Secretary enters into an agreement with an independent + organization under subsection (c), the Secretary shall include the + assessment work carried out by the organization under the agreement + without change, but may include comments with respect to such + assessment work. +SEC. 1260D. EXTENSION OF ANNUAL REPORT ON MILITARY AND SECURITY +DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA. + Section 1202(a) of the National Defense Authorization Act for +Fiscal Year 2000 (10 U.S.C. 113 note) is amended in the first sentence +by striking ``January 31, 2021'' and inserting ``January 31, 2022''. +SEC. 1260E. SENSE OF CONGRESS ON THE AGGRESSION OF THE GOVERNMENT OF +CHINA ALONG THE BORDER WITH INDIA AND ITS GROWING TERRITORIAL CLAIMS. + It is the sense of Congress that-- + (1) continued military aggression by the Government of China + along the border with India is a significant concern; + (2) the Government of China should work with the Government of + India toward de-escalating the situation along the Line of Actual + Control through existing diplomatic mechanisms and refrain from + attempting to settle disputes through coercion or force; and + (3) attempts by the Government of China to advance baseless + territorial claims, including those in the South China Sea, the + East China Sea, and with respect to Bhutan, are destabilizing and + inconsistent with international law. +SEC. 1260F. ASSESSMENT OF NATIONAL CYBER STRATEGY TO DETER CHINA FROM +ENGAGING IN INDUSTRIAL ESPIONAGE AND CYBER THEFT. + (a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate -congressional committees a whole-of-government strategy, in -unclassified and classified forms as specified in paragraphs (1) -through (4), to impose costs on the PRC or appropriate PRC persons or -entities in order to deter industrial espionage and the large-scale -theft of personal information conducted by the PRC, PRC persons or -entities, or persons or entities acting on behalf of the PRC against -the United States or United States persons, that includes the -following: - (1) An unclassified discussion of United States interests - in preventing such cyber attacks that includes a general - discussion of the impact on the United States and its economy - from such attacks. - (2) An unclassified general discussion of the contexts in - which and the means by which the United States will seek to - deter such cyber attacks, that seeks to demonstrate the +congressional committees an assessment of the effectiveness of the +National Cyber Strategy to deter industrial espionage and large-scale +cyber theft of intellectual property and personal information conducted +by the People's Republic of China, People's Republic of China persons +or entities, or persons or entities acting on behalf of the People's +Republic of China against the United States or United States persons. + (b) Matters to Be Included.--The assessment required by subsection +(a) shall include the following: + (1) A discussion of United States interests in preventing such + industrial espionage and cyber theft and the impact on the United + States and its economy from such activities. + (2) A general discussion of-- + (A) the criteria used to determine when the United States + Government will seek to deter such industrial espionage and + cyber theft; and + (B) the means by which the United States will seek to deter + such industrial espionage and cyber theft, and demonstrate the credibility of United States resolve to defend its interests in cyberspace. - (3) A classified theory of deterrence with respect to the - PRC that explains-- - (A) the means or combination of means, including - available non-cyber responses, anticipated to achieve - deterrence and the justification for such assessment; - and - (B) an escalation ladder that describes the - circumstances and the timeframe under which the - President plans to invoke the use of such means to be - effective to deter such attacks or to invoke lesser - means to provide a credible response. - (4) A classified description of the roles of the Secretary - of State, the Secretary of Defense, the Attorney General, the - Secretary of Commerce, the Secretary of the Treasury, the - Secretary of Homeland Security, the Secretary of Health and - Human Services, and, as appropriate, the head of each element - of the intelligence community (as such term is defined by - section 3 of the National Security Act of 1947 (50 U.S.C. - 3003)) in carrying out such strategy. - (d) Implementation Plan.--Not later than 30 days after the date of -the submission of the strategy required by subsection (c), each Federal -official listed in subsection (c)(4) shall submit to the appropriate -congressional committees a classified implementation plan to describe -the manner in which the respective department or agency will carry out -this strategy. - (e) Update.--Not later than 1 year after the date of the submission -of the strategy required by subsection (c), and annually thereafter, -the President shall submit to the appropriate congressional committees -an unclassified assessment of the effectiveness of the strategy, an -unclassified summary of the lessons learned from the past year on the -effectiveness of deterrence (which may contain a classified annex), and -an unclassified summary of planned changes to the strategy with a -classified annex on changes to its theory of deterrence. - (f) Appropriate Congressional Committees Defined.--In this section, + (3) An assessment of China's adherence to previous agreements + related to such industrial espionage and cyber theft with the + United States and applicability of international laws, including + known violations. + (4) An assessment of China's actions to direct proxies, + surrogates, or state-sponsored nongovernmental entities to engage + in such industrial espionage or cyber theft. + (5) Recommendations consistent with a whole-of-government + approach to countering such industrial espionage and cyber theft. + (c) Update.-- + (1) In general.--Not later than 1 year after the date of the + submission of the assessment required by subsection (a), and + biennially thereafter, the President shall submit to the + appropriate congressional committees an update of the assessment, + including-- + (A) an update on the effectiveness of the National Cyber + Strategy; + (B) a summary of the lessons learned; and + (C) a summary of any planned changes or recommendations to + the effectiveness or implementation of the strategy. + (2) Sunset.--The requirement to submit the update under + paragraph (1) shall terminate on December 31, 2025. + (d) Form.--The assessment required by subsection (a) and the update +required by subsection (c) shall be submitted in unclassified form. + (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- - (1) the Committee on Foreign Affairs, the Committee on - Armed Services, the Permanent Select Committee on Intelligence, - the Committee on the Judiciary, the Committee on Energy and - Commerce, the Committee on Homeland Security, and the Committee - on Financial Services of the House of Representatives; and - (2) the Committee on Foreign Relations, the Committee on - Armed Services, the Committee on Banking, Housing, and Urban - Affairs, the Committee on Commerce, Science, and - Transportation, the Committee on Homeland Security and - Government Affairs, and the Committee on the Judiciary of the - Senate. - -SEC. 1257. REPORT ON CHINA'S ONE BELT, ONE ROAD INITIATIVE IN AFRICA. - - (a) In General.--Not later than 1 year after the date of the -enactment of this Act, the Secretary of Defense, in coordination with -the Secretary of State and the Director of National Intelligence, shall -submit to the appropriate congressional committees a report on the -military and defense implications of China's One Belt, One Road -Initiative in Africa and a strategy to address impacts on United States -military and defense interests in Africa. - (b) Matters To Be Included.--The report required by subsection (a) -shall include the following: - (1) An assessment of Chinese dual-use investments in - Africa, including a description of which investments that are - of greatest concern to United States military or defense - interests. - (2) A description of such investments that are associated - with People's Liberation Army cooperation with African - countries. - (3) An assessment of the potential military, intelligence, - and logistical threats facing United States' key regional - military infrastructure, supply chains, and staging grounds due - to such investments. - (4) An identification of Department of Defense measures - taken to mitigate the risk posed to United States forces and - defense interests by such investments. - (5) A strategy to address ongoing military and defense - implications posed by the expansion of such investments. - (c) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Armed Services, the Committee - on Foreign Affairs, and the Permanent Select Committee - on Intelligence of the House of Representatives; and - (B) the Committee on Armed Services, the Committee - on Foreign Relations, and Select Committee on - Intelligence of the Senate. - (2) Chinese dual-use investments in africa.--The term - ``Chinese dual-use investments in Africa'' means investments - made by the Government of the People's Republic of China, the - Chinese Communist Party, or companies owned or controlled by - such Government or Party in the infrastructure of African - countries or related projects for both commercial and military - or proliferation purposes. - (d) Form.--The report required by subsection (a) shall-- - (1) be submitted in unclassified form but may contain a - classified annex; and - (2) be made available to the public on the website of the - Department of Defense. - -SEC. 1258. SENSE OF CONGRESS ON ENHANCEMENT OF THE UNITED STATES-TAIWAN - DEFENSE RELATIONSHIP. - - It is the sense of Congress that-- - (1) Taiwan is a vital partner of the United States and is - critical to a free and open Indo-Pacific region; - (2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and - the ``Six Assurances'' are both cornerstones of United States - relations with Taiwan; - (3) the United States should continue to strengthen defense - and security cooperation with Taiwan to support the development - of capable, ready, and modern defense forces necessary for - Taiwan to maintain a sufficient self-defense capability; - (4) consistent with the Taiwan Relations Act, the United - States should strongly support the acquisition by Taiwan of - defense articles and services through foreign military sales, - direct commercial sales, and industrial cooperation, with an - emphasis on anti-ship, coastal defense, anti-armor, air - defense, defensive naval mining, and resilient command and - control capabilities that support the asymmetric defense - strategy of Taiwan; - (5) the President and Congress should determine the nature - and quantity of such defense articles and services based solely - upon their judgment of the needs of Taiwan, as required by the - Taiwan Relations Act and in accordance with procedures - established by law; - (6) the United States should continue efforts to improve - the predictability of United States arms sales to Taiwan by - ensuring timely review of and response to requests of Taiwan - for defense articles and services; - (7) the Secretary of Defense should promote policies - concerning exchanges that enhance the security of Taiwan, - including-- - (A) opportunities with Taiwan for practical - training and military exercises that-- - (i) enable Taiwan to maintain a sufficient - self-defense capability, as described in - section 3(a) of the Taiwan Relations Act (22 - U.S.C. 3302(a)); and - (ii) emphasize capabilities consistent with - the asymmetric defense strategy of Taiwan; - (B) exchanges between senior defense officials and - general officers of the United States and Taiwan, - consistent with the Taiwan Travel Act (Public Law 115- - 135), especially for the purpose of enhancing - cooperation on defense planning and improving the - interoperability of United States and Taiwan forces; - and - (C) opportunities for exchanges between junior - officers and senior enlisted personnel of the United - States and Taiwan; - (8) the Secretary of Defense should consider expanded air - and naval engagements and training with Taiwan to enhance - regional security; - (9) the United States and Taiwan should expand cooperation - in humanitarian assistance and disaster relief including - conducting port calls in Taiwan with the United States Naval - Ship Comfort and United States Naval Ship Mercy; - (10) the Secretary of Defense should consider options, - including exercising ship visits and port calls, as - appropriate, to expand the scale and scope of humanitarian - assistance and disaster response cooperation with Taiwan and - other regional partners so as to improve disaster response - planning and preparedness; - (11) the Secretary of Defense should continue regular - transits of United States Navy vessels through the Taiwan - Strait and encourage allies and partners to follow suit in - conducting such transits to demonstrate the commitment of the - United States and its allies and partners to fly, sail, and - operate anywhere international law allows; - (12) the violation of international law by the Government - of China with respect to the Joint Declaration of the - Government of the United Kingdom of Great Britain and Northern - Ireland and the Government of the People's Republic of China on - the Question of Hong Kong, done at Beijing December 19, 1984, - is gravely concerning and erodes international confidence in - China's willingness to honor its international commitments, - including not to change the status quo with respect to Taiwan - by force; - (13) the increasingly coercive and aggressive behavior of - China towards Taiwan, including growing military maneuvers - targeting Taiwan, is contrary to the expectation of the - peaceful resolution of the future of Taiwan; and - (14) the United States and Taiwan should expand - consultation and cooperation on combating the Coronavirus - Disease 2019 (``COVID-19'') and seek to share the best - practices and cooperate on a range of activities under this - partnership. - -SEC. 1259. REPORT ON SUPPLY CHAIN SECURITY COOPERATION WITH TAIWAN. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense, in coordination with the head of each -appropriate Federal department and agency, shall submit to the -congressional defense committees a report on the following: - (1) The feasibility of establishing a high-level, - interagency United States-Taiwan working group for coordinating - cooperation related to supply chain security. - (2) A discussion of the Department of Defense's current and - future plans to engage with Taiwan with respect to activities - ensuring supply chain security. - (3) A discussion of obstacles encountered in forming, - executing, or implementing agreements with Taiwan for - conducting activities to ensure supply chain security. - (4) Any other matters the Secretary of Defense determines - should be included. - -SEC. 1260. REPORT ON UNITED STATES-TAIWAN MEDICAL SECURITY PARTNERSHIP. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense, in coordination with the Secretary of -Health and Human Services, shall submit to the congressional defense -committees a report on the following: - (1) The goals, objectives, and feasibility of developing a - United States-Taiwan medical security partnership on issues - related to pandemic preparedness and control. - (2) A discussion of current and future plans to engage with - Taiwan in medical security activities. - (3) An evaluation of cooperation on a range of activities - under the partnership to include-- - (A) research and production of vaccines and - medicines; - (B) joint conferences with scientists and experts; - (C) collaboration relating to and exchanges of - medical supplies and equipment; and - (D) the use of hospital ships such as the United - States Naval Ship Comfort and United States Naval Ship - Mercy. - (4) Any other matters the Secretary of Defense determines + (1) the Committee on Foreign Affairs, the Committee on Armed + Services, the Permanent Select Committee on Intelligence, the + Committee on the Judiciary, the Committee on Energy and Commerce, + the Committee on Homeland Security, the Committee on Oversight and + Reform, and the Committee on Financial Services of the House of + Representatives; and + (2) the Committee on Foreign Relations, the Committee on Armed + Services, the Select Committee on Intelligence, the Committee on + Banking, Housing, and Urban Affairs, the Committee on Commerce, + Science, and Transportation, the Committee on Homeland Security and + Government Affairs, and the Committee on the Judiciary of the + Senate. +SEC. 1260G. REPORT ON UNITED FRONT WORK DEPARTMENT. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, in consultation with the +head of each relevant Federal department and agency, shall submit to +the appropriate congressional committees, an unclassified report, which +may include a classified annex, on the national security risks posed by +the United Front Work Department of the Chinese Communist Party and +affiliated organizations in the United States and abroad that includes +each of the following: + (1) A description of the extent to which the activities of the + United Front Work Department poses a threat to the national defense + and national security of the United States. + (2) An evaluation of how the United Front Work Department's + overseas activities support the Chinese Communist Party's strategy + and goals abroad. + (3) A description of known United Front Work Department + political influence operations. + (4) The strategy and capabilities of the United States + Government to detect, deter, counter, and disrupt United Front Work + Department influence operations and activities in the United States + and other countries, consistent with the protection of the civil + rights, civil liberties, and privacy of all Americans; and + (5) An evaluation of the actions the United States Government + should consider in response to the activities of the United Front + Work Department in the United States and other countries. + (b) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Relations, the Committee on Armed + Services, the Committee on Appropriations, and the Select Committee + on Intelligence of the Senate; and + (2) the Committee on Foreign Affairs, the Committee on Armed + Services, the Committee on Appropriations, and the Permanent Select + Committee on Intelligence of the House of Representatives. +SEC. 1260H. PUBLIC REPORTING OF CHINESE MILITARY COMPANIES OPERATING IN +THE UNITED STATES. + (a) Determination.--The Secretary of Defense shall identify each +entity the Secretary determines, based on the most recent information +available, is operating directly or indirectly in the United States or +any of its territories and possessions, that is a Chinese military +company. + (b) Reporting and Publication.-- + (1) Annual report.--Not later than April 15, 2021, and annually + thereafter until December 31, 2030, the Secretary shall submit to + the Committees on Armed Services of the Senate and the House of + Representatives a list of each entity identified pursuant to + subsection (a) to be a Chinese military company, in classified and + unclassified forms, and shall include in such submission, as + applicable, an explanation of any entities deleted from such list + with respect to a prior list. + (2) Concurrent publication.--Concurrent with the submission of + each list described in paragraph (1), the Secretary shall publish + the unclassified portion of such list in the Federal Register. + (3) Ongoing revisions.--The Secretary shall make additions or + deletions to the most recent list submitted under paragraph (1) on + an ongoing basis based on the latest information available. + (c) Consultation.--The Secretary may consult with the head of any +appropriate Federal department or agency in making the determinations +described in subsection (a) and shall transmit a copy of each list +submitted under subsection (b)(1) to the heads of each appropriate +Federal department and agency. + (d) Definitions.--In this section: + (1) Chinese military company.--The term ``Chinese military + company''-- + (A) does not include natural persons; and + (B) means an entity that is-- + (i)(I) directly or indirectly owned, controlled, or + beneficially owned by, or in an official or unofficial + capacity acting as an agent of or on behalf of, the + People's Liberation Army or any other organization + subordinate to the Central Military Commission of the + Chinese Communist Party; or + + (II) identified as a military-civil fusion + contributor to the Chinese defense industrial base; and + + (ii) engaged in providing commercial services, + manufacturing, producing, or exporting. + (2) Military-civil fusion contributor.--The term ``military- + civil fusion contributor'' includes any of the following: + (A) Entities knowingly receiving assistance from the + Government of China or the Chinese Communist Party through + science and technology efforts initiated under the Chinese + military industrial planning apparatus. + (B) Entities affiliated with the Chinese Ministry of + Industry and Information Technology, including research + partnerships and projects. + (C) Entities receiving assistance, operational direction or + policy guidance from the State Administration for Science, + Technology and Industry for National Defense. + (D) Any entities or subsidiaries defined as a ``defense + enterprise'' by the State Council of the People's Republic of + China. + (E) Entities residing in or affiliated with a military- + civil fusion enterprise zone or receiving assistance from the + Government of China through such enterprise zone. + (F) Entities awarded with receipt of military production + licenses by the Government of China, such as a Weapons and + Equipment Research and Production Unit Classified Qualification + Permit, Weapons and Equipment Research and Production + Certificate, Weapons and Equipment Quality Management System + Certificate, or Equipment Manufacturing Unit Qualification. + (G) Entities that advertise on national, provincial, and + non-governmental military equipment procurement platforms in + the People's Republic of China. + (H) Any other entities the Secretary determines is appropriate. + (3) People's liberation army.--The term ``People's Liberation + Army'' means the land, naval, and air military services, the + People's Armed Police, the Strategic Support Force, the Rocket + Force, and any other related security element within the Government + of China or the Chinese Communist Party that the Secretary + determines is appropriate. +SEC. 1260I. REPORT ON DIRECTED USE OF FISHING FLEETS. + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Commander of the Office of Naval +Intelligence shall submit to the appropriate congressional committees +an unclassified report on the use of distant-water fishing fleets by +foreign governments as extensions of such countries' official maritime +security forces, including the manner and extent to which such fishing +fleets are leveraged in support of naval operations and foreign policy +more generally. The report shall also consider the threats, on a +country-by-country basis, posed by such use of distant-water fishing +fleets to-- + (1) fishing or other vessels of the United States and partner + countries; + (2) United States and partner naval and coast guard operations; + and + (3) other interests of the United States and partner countries. + (b) Appropriate Congressional Committees Defined.--For purposes of +this section, the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; + (2) the Committee on Foreign Relations and the Committee on + Commerce, Science, and Transportation of the Senate; and + (3) the Committee on Foreign Affairs and the Committee on + Energy and Commerce of the House of Representatives. + + Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal + Transparency Act of 2020 -SEC. 1260A. REPORT ON UNITED FRONT WORK DEPARTMENT. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to the congressional defense -committees a report on the following: - (1) The extent to which the United Front Work Department of - the People's Republic of China poses a threat to the national - defense and national security of the United States. - (2) An evaluation of which actions, if any, the United - States should take in response to the threat and activities of - the United Front Work Department as described in paragraph (1). - (3) Any other matters the Secretary of Defense determines - should be included. - -SEC. 1260B. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE BETWEEN THE - PEOPLE'S REPUBLIC OF CHINA AND INDIA AND THE GROWING - TERRITORIAL CLAIMS OF CHINA. +SEC. 1261. SHORT TITLE. + This subtitle may be cited as the ``Sudan Democratic Transition, +Accountability, and Fiscal Transparency Act of 2020''. +SEC. 1262. DEFINITIONS. + Except as otherwise provided, in this subtitle: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (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. + (2) International financial institutions.--The term + ``international financial institutions'' means-- + (A) the International Monetary Fund; + (B) the International Bank for Reconstruction and + Development; + (C) the International Development Association; + (D) the International Finance Corporation; + (E) the Inter-American Development Bank; + (F) the Asian Development Bank; + (G) the Inter-American Investment Corporation; + (H) the African Development Bank; + (I) the European Bank for Reconstruction and Development; + (J) the Multilateral Investment Guaranty Agency; and + (K) any multilateral financial institution, established + after the date of the enactment of this Act, that could provide + financial assistance to the Government of Sudan. + (3) Sovereignty council.--The term ``Sovereignty Council'' + means the governing body of Sudan during the transitional period + that consists of-- + (A) 5 civilians selected by the Forces of Freedom and + Change; + (B) 5 members selected by the Transitional Military + Council; and + (C) 1 member selected by agreement between the Forces of + Freedom and Change and the Transitional Military Council. + (4) Sudanese security and intelligence services.--The term + ``Sudanese security and intelligence services'' means-- + (A) the Sudan Armed Forces; + (B) the Rapid Support Forces, + (C) Sudan's Popular Defense Forces and other paramilitary + units; + (D) Sudan's police forces; + (E) the General Intelligence Service, previously known as + the National Intelligence and Security Services; and + (F) related entities, such as Sudan's Military Industry + Corporation. + (5) Transitional period.--The term ``transitional period'' + means the 39-month period beginning on August 17, 2019 (the date of + the signing of Sudan's constitutional charter), during which-- + (A) the members of the Sovereignty Council described in + paragraph (3)(B) select a chair of the Council for the first 21 + months of the period; and + (B) the members of the Sovereignty Council described in + paragraph (3)(A) select a chair of the Council for the + remaining 18 months of the period. +SEC. 1263. STATEMENT OF POLICY. + It is the policy of the United States-- + (1) to support a civilian-led political transition in Sudan + that results in a democratic government, which is accountable to + its people, respects and promotes human rights, is at peace + internally and with its neighbors, and can be a partner for + regional stability; + (2) to support the implementation of Sudan's constitutional + charter for the transitional period; and + (3) to pursue a strategy of calibrated engagement with Sudan + that includes-- + (A) facilitating an environment for free, fair, and + credible democratic elections and a pluralistic and + representative political system; + (B) supporting reforms that improve transparency and + accountability, remove restrictions on civil and political + liberties, and strengthen the protection of human rights, + including religious freedom; + (C) strengthening civilian institutions, judicial + independence, and the rule of law; + (D) empowering civil society and independent media; + (E) promoting national reconciliation and enabling a just, + comprehensive, and sustainable peace; + (F) promoting the role of women in government, the economy, + and society, in recognition of the seminal role that women + played in the social movement that ousted former president Omar + al-Bashir; + (G) promoting accountability for genocide, war crimes, + crimes against humanity, and sexual and gender-based violence; + (H) encouraging the development of civilian oversight over + and professionalization of the Sudanese security and + intelligence services and strengthening accountability for + human rights violations and abuses, corruption, or other abuses + of power; + (I) promoting economic reform, private sector engagement, + and inclusive economic development while combating corruption + and illicit economic activity, including that which involves + the Sudanese security and intelligence services; + (J) securing unfettered humanitarian access across all + regions of Sudan; + (K) supporting improved development outcomes, domestic + resource mobilization, and catalyzing market-based solutions to + improve access to health, education, water and sanitation, and + livelihoods; and + (L) promoting responsible international and regional + engagement. +SEC. 1264. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW, HUMAN +RIGHTS, AND FUNDAMENTAL FREEDOMS. + (a) Sense of Congress.--It is the sense of Congress that the +political transition in Sudan, following several months of popular +protests against the regime of Omar al-Bashir, represents an +opportunity for the United States to support democracy, good +governance, rule of law, human rights, and fundamental freedoms in +Sudan. + (b) In General.--Notwithstanding any other provision of law (other +than the Trafficking Victims Protection Act of 2000 and the Child +Soldiers Prevention Act of 2008), the President is authorized to +provide assistance under part I and chapter 4 of part II of the Foreign +Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.)-- + (1) to provide for democracy and governance programs that + strengthen and build the capacity of representative civilian + government institutions, political parties, and civil society in + Sudan; + (2) to support the organization of free, fair, and credible + elections in Sudan; + (3) to provide technical support for legal and policy reforms + that improve transparency and accountability and protect human + rights, including religious freedom, and civil liberties in Sudan; + (4) to support human rights and fundamental freedoms in Sudan, + including the freedoms of-- + (A) religion or belief; + (B) expression, including for members of the press; + (C) assembly; and + (D) association; + (5) to support measures to improve and increase women's + participation in the political, economic, and social sectors of + Sudan; and + (6) to support other related democracy, good governance, rule + of law, and fundamental freedom programs and activities. + (c) Authorization of Appropriations.--Of the amounts authorized to +be appropriated to carry out part I and chapter 4 of part II of the +Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et +seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be +appropriated for each such fiscal year to carry out this section. +SEC. 1265. SUPPORT FOR DEVELOPMENT PROGRAMS. + (a) In General.--Notwithstanding any other provision of law (other +than the Trafficking Victims Protection Act of 2000 and the Child +Soldiers Prevention Act of 2008), the President is authorized to +provide assistance under part I and chapter 4 of part II of the Foreign +Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) and +under the Better Utilization of Investments Leading to Development Act +of 2018 (22 U.S.C. 9601 et seq.) for programs in Sudan-- + (1) to increase agricultural and livestock productivity; + (2) to promote economic growth, increase private sector + productivity and advance market-based solutions to address + development challenges; + (3) to support women's economic empowerment and economic + opportunities for youth and previously marginalized populations; + (4) to improve equal access to quality basic education; + (5) to support the capacity of universities to equip students + to participate in a pluralistic and global society through virtual + exchange and other programs; + (6) to improve access to water, sanitation, and hygiene + projects; + (7) to build the capacity of national and subnational + government officials to support the transparent management of + public resources, promote good governance through combating + corruption and improving accountability, increase economic + productivity, and increase domestic resource mobilization; and + (8) to support other related economic assistance programs and + activities. + (b) Authorization of Appropriations.--Of the amounts authorized to +be appropriated to carry out part I and chapter 4 of part II of the +Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et +seq.) for fiscal years 2021 and 2022, $80,000,000 is authorized to be +appropriated for each such fiscal year to carry out this section. +SEC. 1266. SUPPORT FOR CONFLICT MITIGATION. + (a) In General.--Notwithstanding any other provision of law (other +than the Trafficking Victims Protection Act of 2000 and the Child +Soldiers Prevention Act of 2008), the President is authorized to +provide assistance under part I and chapters 4, 5, and 6 of part II of +the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et +seq., and 2348 et seq.)-- + (1) to support long-term peace and stability in Sudan by + promoting national reconciliation and enabling a just, + comprehensive, and sustainable peace, especially in regions that + have been underdeveloped or affected by war, such as the states of + Darfur, South Kordofan, Blue Nile, Red Sea, and Kassala; + (2) to support civil society and other organizations working to + address conflict prevention, mitigation, and resolution mechanisms + and people-to-people reconciliation in Sudan, especially those + addressing issues of marginalization and vulnerable groups, equal + protection under the law, natural resource management, compensation + and restoration of property, voluntary return, and sustainable + solutions for displaced persons and refugees; + (3) to strengthen civilian oversight of the Sudanese security + and intelligence services and ensure that such services are not + contributing to the perpetuation of conflict in Sudan and to the + limitation of the civil liberties of all people in Sudan; + (4) to assist in the human rights vetting and professional + training of security force personnel due to be employed or deployed + by the Sudanese security and intelligence services in regions that + have been underdeveloped or affected by war, such as the states of + Darfur, South Kordofan, Blue Nile, Red Sea, and Kassala, including + members of any security forces being established pursuant to a + peace agreement relating to such regions; + (5) to support provisions of the Comprehensive Peace Agreement + of 2005 and Abyei protocol, as appropriate, unless otherwise + superseded by a new agreement signed in good faith-- + (A) between stakeholders in this region and the Governments + of Sudan and South Sudan to hold a free, fair, and credible + referendum on the status of Abyei; and + (B) between stakeholders in this region and the Government + of Sudan to support popular consultations on the status of the + states of South Kordofan and Blue Nile; and + (6) to support other related conflict mitigation programs and + activities. + (b) Authorization of Appropriations.--Of the amounts authorized to +be appropriated to carry out part I and chapters 4 and 6 of part II of +the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et +seq., and 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 is +authorized to be appropriated for each such fiscal year to carry out +this section. +SEC. 1267. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST +HUMANITY, AND GENOCIDE IN SUDAN. + (a) Sense of Congress.--It is the sense of Congress that the +Secretary of State should conduct robust diplomatic engagement to +promote accountability and provide technical support to ensure that +credible, transparent, and independent investigations of gross +violations of human rights perpetrated by the Government of Sudan under +former President Omar al-Bashir and the Transitional Military Council +since June 30, 1989. + (b) In General.--Notwithstanding any other provision of law (other +than the Trafficking Victims Protection Act of 2000 and the Child +Soldiers Prevention Act of 2008), the President is authorized to +provide assistance under part I and chapter 4 of part II of the Foreign +Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.)-- + (1) to build the capacity of civilian investigators within and + outside of Sudan on how to document, investigate, develop findings + of, identify, and locate those responsible for war crimes, crimes + against humanity, or genocide in Sudan; + (2) to collect, document, and protect evidence of war crimes, + crimes against humanity, and genocide in Sudan and preserve the + chain of custody for such evidence, including by providing support + for Sudanese, foreign, and international nongovernmental + organizations, and other entities engaged in such investigative + activities; + (3) to build Sudan's judicial capacity to support prosecutions + in domestic courts and support investigations by hybrid or + international courts as appropriate; + (4) to protect witnesses who participate in court proceedings + or other transitional justice mechanisms; and + (5) to support other related conflict mitigation programs and + activities. + (c) Authorization of Appropriations.--Of the amounts authorized to +be appropriated to carry out part I and chapter 4 of part II of the +Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et +seq.) for fiscal years 2021 and 2022, $10,000,000 is authorized to be +appropriated for each such fiscal year to carry out this section. +SEC. 1268. SUSPENSION OF ASSISTANCE. + (a) In General.--The President is authorized to suspend the +provision of assistance authorized under section 1264, 1265, 1266, or +1267 to the Government of Sudan if the President determines that +conditions in Sudan or the composition of the Government of Sudan +changes such that it is no longer in the United States national +interest to continue to provide such assistance. + (b) Report.--Not later than 30 days after making a determination +under subsection (a), the President shall submit to the appropriate +congressional committees a report that describes-- + (1) the political and security conditions in Sudan that led to + such determination; and + (2) any planned diplomatic engagement to restart the provision + of such assistance. +SEC. 1269. MULTILATERAL ASSISTANCE. + (a) Sense of the Congress.--It is the sense of the Congress that-- + (1) Sudan's economic challenges are a legacy of decades of + kleptocracy, economic mismanagement, and war; + (2) Sudan's economic recovery will depend on-- + (A) combating corruption and illicit economic activity; + (B) ending internal conflicts in the states of Darfur, + South Kordofan, and Blue Nile; and + (C) promoting inclusive economic growth and development; + and + (3) the COVID-19 outbreak constitutes a grave danger to Sudan's + economic stability, public health, and food security and + jeopardizes the transition to a civilian-led government that + promotes the democratic aspirations of the Sudanese people. + (b) Responding to the COVID-19 Outbreak.--During the transitional +period, and notwithstanding any other provision of law, the Secretary +of the Treasury may instruct the United States Executive Director at +each international financial institution to use the voice and vote of +the United States to support loans or other utilization of the funds of +the respective institution for Sudan for the purpose of addressing +basic human needs, responding to the COVID-19 outbreak and its impact +on the country's economic stability, or promoting democracy, +governance, or public financial management in Sudan. + (c) Debt Relief.--Upon the removal of Sudan from the State Sponsors +of Terrorism List, and once the Sovereignty Council is chaired by a +civilian leader, the Secretary of the Treasury and the Secretary of +State should engage with international financial institutions and other +bilateral official creditors to advance agreement through the Heavily +Indebted Poor Countries (HIPC) Initiative to restructure, reschedule, +or cancel the sovereign debt of Sudan. + (d) Reporting Requirement.--Not later than 3 months after the date +of the enactment of this Act, and not less frequently than once every 6 +months thereafter during the transitional period, the Secretary of the +Treasury, in consultation with the Secretary of State, shall report to +the appropriate congressional committees regarding the extent to which +the transitional government of Sudan has taken demonstrable steps to +strengthen governance and improve fiscal transparency, including-- + (1) establishing civilian control over the finances and assets + of the Sudanese security and intelligence services; + (2) developing a transparent budget that accounts for all + expenditures related to the security and intelligence services; + (3) identifying the shareholdings in all public and private + companies not exclusively dedicated to the national defense held or + managed by the security and intelligence services, and publicly + disclosing, evaluating, and transferring all such shareholdings to + the Ministry of Finance of the Government of Sudan or to any + specialized entity of the Government of Sudan established under law + for this purpose, which is ultimately accountable to a civilian + authority; + (4) ceasing the involvement of the security and intelligence + services officials, and their immediate family members, in the + illicit trade in mineral resources, including petroleum and gold; + (5) implementing a publicly transparent methodology for the + Government of Sudan to recover, evaluate, hold, manage, or divest + any state assets and the profits derived from the assets that may + have been transferred to the National Congress Party, an affiliate + of the National Congress Party, or an official of the National + Congress Party in the individual capacity of such an official; + (6) identifying and monitoring the nature and purpose of + offshore financial resources controlled by the security and + intelligence services; and + (7) strengthening banking regulation and supervision and + addressing anti-money laundering and counter-terrorism financing + deficiencies. + (e) Appropriate Congressional Committees Defined.--Notwithstanding +section 1262, 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) Committee on Foreign Affairs of the House of + Representatives; + (4) the Committee on Appropriations of the House of + Representatives; and + (5) the Committee on Financial Services of the House of + Representatives. +SEC. 1270. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM THE +SUDANESE PEOPLE. + The Secretary of State, in coordination with the Secretary of the +Treasury and the Attorney General, shall seek to advance the efforts of +the Government of Sudan to recover assets stolen from the Sudanese +people, including with regard to international efforts-- + (1) to identify and track assets taken from the people and + institutions of Sudan through theft, corruption, money laundering, + or other illicit means; and + (2) with respect to assets identified pursuant to paragraph + (1), to work with foreign governments and international + organizations-- + (A) to share financial investigations intelligence, as + appropriate; + (B) to oversee and manage the assets identified pursuant to + paragraph (1); + (C) to advance civil forfeiture litigation, as appropriate, + including providing technical assistance to help governments + establish the necessary legal framework to carry out asset + forfeitures; and + (D) to work with the Government of Sudan to ensure that a + credible mechanism is established to ensure that any recovered + assets are managed in a transparent and accountable fashion and + ultimately used for the benefit of the Sudanese people, + provided that-- + (i) returned assets are not used for partisan political + purposes; and + (ii) there are robust financial management and + oversight measures to safeguard repatriated assets. +SEC. 1270A. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND +INTELLIGENCE SERVICES. + (a) In General.--The President may not provide assistance (other +than assistance authorized under section 1266) to the Sudanese security +and intelligence services until the President submits to Congress a +certification that the Government of Sudan has met the conditions +described in subsection (c). + (b) Exception; Waiver.-- + (1) Exception.--The Secretary of State may, as appropriate and + notwithstanding any other provision of law, provide assistance for + the purpose of professionalizing the Sudanese security and + intelligence services, through institutions such as the Africa + Center for Strategic Studies and the United States Institute of + Peace. + (2) Waiver.--The President may waive the limitation on the + provision of assistance under subsection (a) if, not later than 30 + days before the assistance is to be provided, the President submits + to the appropriate congressional committees-- + (A) a list of the activities and participants to which such + waiver would apply; + (B) a justification that the waiver is in the national + security interest of the United States; and + (C) a certification that the participants have met the + requirements of either section 620M of the Foreign Assistance + Act of 1961 (22 U.S.C. 2378d) for programs funded through + Department of State appropriations or section 362 of title 10, + United States Code, for programs funded through Department of + Defense appropriations. + (c) Conditions.-- + (1) In general.--The conditions described in this subsection + are that the Sudanese security and intelligence services-- + (A) have demonstrated progress in undertaking security + sector reform, including reforms that professionalize such + security and intelligence services, improve transparency, and + reforms to the laws governing the Sudanese security forces, + such as of the National Security Act, 2010 and the Armed Forces + Act, 2007; + (B) support efforts to respect human rights, including + religious freedom, and hold accountable any members of such + security and intelligence services responsible for human rights + violations and abuses, including by taking demonstrable steps + to cooperate with local or international mechanisms of + accountability, to ensure that those responsible for war + crimes, crimes against humanity, and genocide committed in + Sudan are brought to justice; + (C) are under civilian oversight, subject to the rule of + law, and are not undertaking actions to undermine a civilian- + led transitional government or an elected civilian government; + (D) have refrained from targeted attacks against religious + or ethnic minority groups, have negotiated in good faith during + the peace process and constructively participated in the + implementation of any resulting peace agreements, and do not + impede inclusive political participation; + (E) allow unfettered humanitarian access by United Nations + organizations and specialized agencies and domestic and + international humanitarian organizations to civilian + populations in conflict-affected areas; + (F) cooperate with the United Nations High Commissioner for + Refugees and organizations affiliated with the United Nations + to allow for the protection of displaced persons and the safe, + voluntary, sustainable, and dignified return of refugees and + internally displaced persons; and + (G) take constructive steps to investigate all reports of + unlawful recruitment of children by Sudanese security forces + and prosecute those found to be responsible. + (2) Form.--The certification described in subsection (a) + containing the conditions described in paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (d) Sunset.--This section shall terminate on the date that is the +earlier of-- + (1) the date that is 2 years after the date of the enactment of + this Act; or + (2) the date on which the President determines that a + successful rotation of military to civilian leadership in the + Sovereignty Council has occurred. +SEC. 1270B. REPORTS. + (a) Report on Accountability for Human Rights Abuses.--Not later +than 180 days after the date of the enactment of this Act, and annually +thereafter for 2 years, the President shall submit a report to the +appropriate congressional committees that-- + (1) summarizes reports of gross violations of human rights, + including sexual and gender-based violence, committed against + civilians in Sudan, including members of the Sudanese security and + intelligence services or any associated militias, between December + 2018 and the date of the submission of the report; + (2) provides an update on any potential transitional justice + mechanisms in Sudan to investigate, charge, and prosecute alleged + perpetrators of gross violations of human rights in Sudan since + June 30, 1989, including with respect to the June 3, 2019 massacre + in Khartoum; + (3) provides an analysis of whether the gross violations of + human rights summarized pursuant to paragraph (1) amount to war + crimes, crimes against humanity, or genocide; and + (4) identifies specific cases since the beginning of the + transitional period in which members of the Sudanese security and + intelligence services have been charged and prosecuted for actions + that constitute gross violations of human rights perpetrated since + June 30, 1989. + (b) Report on Certain Activities and Finances of Senior Officials +of the Government of Sudan.--Not later than 180 days after the date of +the enactment of this Act, and 1 year thereafter, the President shall +submit a report to the appropriate congressional committees that-- + (1) describes the actions and involvement of any previous or + current senior officials of the Government of Sudan since the + establishment of the transitional government in August 2019 in-- + (A) directing, carrying out, or overseeing gross violations + of human rights; + (B) directing, carrying out, or overseeing the unlawful use + or recruitment of children by armed groups or armed forces in + the context of conflicts in Sudan, Libya, Yemen, or other + countries; + (C) directing, carrying out, or colluding in significant + acts of corruption; + (D) directing, carrying out, or overseeing any efforts to + circumvent the establishment of civilian control over the + finances and assets of the Sudanese security and intelligence + services; or + (E) facilitating, supporting, or financing terrorist + activity in Sudan or other countries; + (2) identifies Sudanese and foreign financial institutions, + including offshore financial institutions, in which senior + officials of the Government of Sudan whose actions are described in + paragraph (1) hold significant assets, and provides an estimate of + the value of such assets; + (3) identifies any information United States Government + agencies have obtained since August 2019 regarding persons, foreign + governments, and Sudanese or foreign financial institutions that + knowingly facilitate, finance, or otherwise benefit from corruption + or illicit economic activity in Sudan, including the export of + mineral resources, and, in particular, if that trade is violating + any United States restrictions that remain in place by legislation + or Executive order; + (4) identifies any information United States Government + agencies have obtained since August 2019 regarding senior officials + of the Government of Sudan who are personally involved in the + illicit trade in mineral resources, including petroleum and gold; + and + (5) identifies any information United States Government + agencies have obtained since August 2019 regarding individuals or + foreign governments that have provided funds to individual members + of the Sovereignty Council or the Cabinet outside of the Central + Bank of Sudan or the Ministry of Finance. + (c) Report on Sanctions Pursuant to Executive Order No. 13400.--Not +later than 180 days after the date of the enactment of this Act, the +President shall submit a report to the appropriate congressional +committees that identifies the senior Sudanese government officials +that President determines meet the criteria to be sanctionable pursuant +to Executive Order No. 13400 (71 Fed. Reg. 25483; relating to blocking +property of persons in connection with the conflict in Sudan's Darfur +region). + (d) Form.--The reports required under subsections (b) and (c) shall +be submitted in unclassified form, but may include a classified annex. +SEC. 1270C. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIAN-LED +GOVERNMENT IN SUDAN. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, in coordination with the +Administrator of the United States Agency for International Development +and the Secretary of the Treasury, shall submit a strategy to the +appropriate congressional committees that includes-- + (1) a clear articulation of specific United States goals and + objectives with respect to a successful completion of the + transitional period and a plan to achieve such goals and + objectives; + (2) a description of assistance and diplomatic engagement to + support a civilian-led government in Sudan for the remainder of the + transitional period, including any possible support for the + organization of free, fair, and credible elections; + (3) an assessment of the legal and policy reforms that have + been and need to be taken by the government in Sudan during the + transitional period in order to promote-- + (A) human rights; + (B) freedom of religion, speech, press, assembly, and + association; and + (C) accountability for human rights abuses, including for + sexual and gender-based violence perpetrated by members of the + Sudanese security and intelligence services; + (4) a description of efforts to address the legal and policy + reforms mentioned in paragraph (3); + (5) a description of humanitarian and development assistance to + Sudan and a plan for coordinating such assistance with + international donors, regional partners, and local partners; + (6) a description of monitoring and evaluation plans for all + forms of assistance to be provided under the strategy in accordance + with the monitoring and evaluation requirements of section 4 of the + Foreign Aid Transparency and Accountability Act of 2016 (Public Law + 114-191), including a detailed description of all associated goals + and benchmarks for measuring impact; and + (7) an assessment of security sector reforms undertaken by the + Government of Sudan, including efforts to demobilize or integrate + militias and to foster civilian control of the armed services. + (b) Report.--Not later than 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 +and the Secretary of the Treasury, shall submit a report to the +appropriate congressional committees that includes-- + (1) a detailed description of the efforts taken to implement + this subtitle; and + (2) recommendations for legislative or administrative measures + to facilitate the implementation of this subtitle. +SEC. 1270D. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF +2006. + Section 8(c)(1) of the Darfur Peace and Accountability Act of 2006 +(Public Law 109-344; 50 U.S.C. 1701 note) is amended by striking +``Southern Sudan,'' and all that following through ``Khartoum,'' and +inserting ``Sudan''. +SEC. 1270E. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE IN +SUDAN ACT. + (a) Sudan Peace Act.--Effective January 1, 2020, the Sudan Peace +Act (Public Law 107-245; 50 U.S.C. 1701 note) is repealed. + (b) Comprehensive Peace in Sudan Act.--Effective January 1, 2020, +the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 +U.S.C. 1701 note) is repealed. - (a) Findings.--Congress makes the following findings: - (1) Since a truce in 1962 ended skirmishes between the - People's Republic of China and India, the countries have been - divided by a 2,100-mile-long Line of Actual Control. - (2) In the decades since the truce, military standoffs - between the People's Republic of China and India have flared; - however, the standoffs have rarely claimed the lives of - soldiers. - (3) In the months leading up to June, 15, 2020, along the - Line of Actual Control, the People's Republic of China's - military-- - (A) reportedly amassed 5,000 soldiers; and - (B) is trying to redraw long-standing settled - boundaries through the use of force and aggression. - (4) On June 6, 2020, the People's Republic of China and - India reached an agreement of de-escalate and disengage along - the Line of Actual Control. - (5) On June 15, 2020, at least 20 Indian soldiers and an - unconfirmed number of Chinese soldiers were killed in - skirmishes following a weekslong standoff in Eastern Ladakh, - which is the de facto border between India and the People's - Republic of China. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) there is significant concern about the continued - military aggression by the Government of the People's Republic - of China along its border with India and in other parts of the - world, including with Bhutan, in the South China Sea, and with - the Senkaku Islands, as well as the Government of the People's - Republic of China's aggressive posture toward Hong Kong and - Taiwan; and - (2) the Government of the People's Republic of China should - work toward de-escalating the situation along the Line of - Actual Control with India through existing diplomatic - mechanisms and not through force. - -SEC. 1260C. SENSE OF CONGRESS ON UNITED STATES COMMITMENTS TO PACIFIC - ALLIES. +Subtitle H--United States Israel Security Assistance Authorization Act + of 2020 +SEC. 1271. SHORT TITLE. + This subtitle may be cited as the ``United States-Israel Security +Assistance Authorization Act of 2020''. +SEC. 1272. SENSE OF CONGRESS ON UNITED STATES-ISRAEL RELATIONSHIP. It is the sense of Congress that-- - (1) the United States affirms the strategic importance of - the United States commitments to allies such as the Republic of - Korea and Japan; - (2) the United States remains committed to the mutually- - beneficial relationships with the Republic of Korea and Japan - and welcomes the strong leadership of those countries in the - Indo-Pacific region; and - (3) as the United States seeks to strengthen longstanding - military relationships and encourage the development of a - strong defense network with allies and partners, the United - States reaffirms the United States commitments to maintaining - the presence of the United States Armed Forces in the Republic - of Korea and Japan. - -SEC. 1260D. RESTRICTIONS ON EXPORT, REEXPORT, AND IN-COUNTRY TRANSFERS - OF CERTAIN ITEMS THAT PROVIDE A CRITICAL CAPABILITY TO - THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA TO - SUPPRESS INDIVIDUAL PRIVACY, FREEDOM, AND OTHER BASIC - HUMAN RIGHTS. - - (a) Statement of Policy.--It is the policy of the United States to -protect the basic human rights of Uighurs and other ethnic minorities -in the People's Republic of China. - (b) List of Covered Items.-- - (1) In general.--Not later than 120 days after the date of - the enactment of this Act, and as appropriate thereafter, the - President-- - (A) shall identify those items that provide a - critical capability to the Government of the People's - Republic of China, or any person acting on behalf of - such Government, to suppress individual privacy, - freedom of movement, and other basic human rights, - specifically through-- - (i) surveillance, interception, and - restriction of communications; - (ii) monitoring of individual location or - movement or restricting individual movement; - (iii) monitoring or restricting access to - and use of the internet; - (iv) monitoring or restricting use of - social media; - (v) identification of individuals through - facial recognition, voice recognition, or - biometric indicators; - (vi) detention of individuals who are - exercising basic human rights; and - (vii) forced labor in manufacturing; and - (B) shall, pursuant to the Export Control Reform - Act of 2018 (50 U.S.C. 4801 et seq.), include items - identified pursuant to subparagraph (A) on the Commerce - Control List in a category separate from other items, - as appropriate, on the Commerce Control List. - (2) Support and cooperation.--Upon request, the head of a - Federal agency shall provide full support and cooperation to - the President in carrying out this subsection. - (3) Consultation.--In carrying out this subsection, the - President shall consult with the relevant technical advisory - committees of the Department of Commerce to ensure that the - composition of items identified under paragraph (1)(A) and - included on the Commerce Control List under paragraph (1)(B) - does not unnecessarily restrict commerce between the United - States and the People's Republic of China, consistent with the - purposes of this section. - (c) Special License or Other Authorization.-- - (1) In general.--Beginning not later than 180 days after - the date of the enactment of this Act, the President shall, - pursuant to the Export Control Reform Act of 2018 (50 U.S.C. - 4801 et seq.), require a license or other authorization for the - export, reexport, or in-country transfer to or within the - People's Republic of China of an item identified pursuant to - subsection (b)(1)(A) and included on the Commerce Control List - pursuant to subsection (b)(1)(B). - (2) Presumption of denial.--An application for a license or - other authorization described in paragraph (1) shall be subject - to a presumption of denial. - (3) Public notice and comment.--The President shall provide - for notice and public comment with respect actions necessary to - carry out this subsection. - (d) International Coordination and Multilateral Controls.--It shall -be the policy of the United States to seek to harmonize United States -export control regulations with international export control regimes -with respect to the items identified pursuant to subsection (b)(1)(A), -including through the Wassenaar Arrangement and other bilateral and -multilateral mechanisms involving countries that export such items. - (e) Termination of Suspension of Certain Other Programs and -Activities.--Section 902(b)(1) of the Foreign Relations Authorization -Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 2151 -note) is amended-- - (1) in the matter preceding subparagraph (A), by inserting - ``and China's Xinjiang Uighur Autonomous Region'' after - ``Tibet''; - (2) in subparagraph (D), by striking ``and'' at the end; - (3) in subparagraph (E), by striking ``or'' after the - semicolon and inserting ``and''; and - (4) by adding the following new subparagraph: - ``(F) the ending of the mass internment of ethnic - Uighurs and other Turkic Muslims in the Xinjiang Uighur - Autonomous Region, including the intrusive system of - high-tech surveillance and policing in the region; - or''. - (f) Definitions.--In this section: - (1) Commerce control list.--The term ``Commerce Control - List'' means the list set forth in Supplement No. 1 to part 774 - of the Export Administration Regulations under subchapter C of - chapter VII of title 15, Code of Federal Regulations. - (2) Export, in-country transfer, item, and reexport.--The - terms ``export'', ``in-country transfer'', ``item'', and - ``reexport'' have the meanings given such terms in section 1742 - of the Export Control Reform Act of 2018 (50 U.S.C. 4801). - -SEC. 1260E. PROHIBITION ON COMMERCIAL EXPORT OF COVERED DEFENSE - ARTICLES AND SERVICES AND COVERED MUNITIONS ITEMS TO THE - HONG KONG POLICE. - - (a) In General.--Except as provided in subsection (b), the -President shall prohibit the issuance of licenses to export covered -defense articles and services and covered munitions items to the Hong -Kong Police. - (b) Waiver.--The prohibition under subsection (a) shall not apply -to the issuance of a license with respect to which the President -submits to the appropriate congressional committees a written -certification that the exports to be covered by such license are -important to the national interests and foreign policy goals of the -United States, including a description of the manner in which such -exports will promote such interests and goals. - (c) Termination.--The prohibition under subsection (a) shall -terminate on the date on which the President certifies to the -appropriate congressional committees that-- - (1) the Hong Kong Police have not engaged in gross - violations of human rights during the 1-year period ending on - the date of such certification; and - (2) there has been an independent examination of human - rights concerns related to the crowd control tactics of the - Hong Kong Police and the Government of the Hong Kong Special - Administrative Region has adequately addressed those concerns. - (d) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Affairs of the House - of Representatives; - (B) the Committee on Foreign Relations of the - Senate; and - (C) the Committee on Banking, Housing, and Urban - Affairs of the Senate. - (2) Covered defense articles and services.--The term - ``covered defense articles and services'' means defense - articles and defense services designated by the President under - section 38(a)(1) of the Arms Export Control Act (22 U.S.C. - 2778(a)(1)). - (3) Covered munitions items.--The term ``covered munitions - items'' means-- - (A) items controlled under section 742.7 of part - 742 of subtitle B of title 15, Code of Federal - Regulations (relating to crime control and detection - instruments and equipment and related technology and - software); and - (B) items listed under the ``600 series'' of the - Commerce Control List contained in Supplement No. 1 to - part 774 of subtitle B of title 15, Code of Federal - Regulations. - (4) Hong kong.--The term ``Hong Kong'' has the meaning - given such term in section 3 of the United States-Hong Kong - Policy Act of 1992 (22 U.S.C. 5702). - (5) Hong kong police.--The term ``Hong Kong Police'' - means-- - (A) the Hong Kong Police Force; and - (B) the Hong Kong Auxiliary Police Force. - -SEC. 1260F. SOUTHEAST ASIA STRATEGY. - - (a) Findings.--Congress finds the following: - (1) Southeast Asia is the fulcrum of the Indo-Pacific - region, providing both a geographic and maritime link between - East and South Asia. - (2) The Association of Southeast Asian Nations (ASEAN), a - regional intergovernmental organization, remains central to the - Indo-Pacific region's institutional architecture and to United - States foreign policy toward the region. - (3) The United States has reaffirmed that the security and - sovereignty of its Southeast Asian allies and partners, - including a strong, independent ASEAN, remain vital to the - security, prosperity, and stability of the Indo-Pacific region. - (4) The United States has committed to continuing to deepen - longstanding alliances and partnerships with a range of - Southeast Asian nations, including by promoting our shared - values, democracy, human rights, and civil society. - (5) Since the end of the Second World War, United States - investments in strengthening alliances and partnerships with - Southeast Asian nations have yielded tremendous returns for - United States interests, as working with and through these - alliances and partnerships have increased the region's capacity - and capability to address common challenges. - (6) ASEAN member states are critical United States security - partners in preventing violent extremism and protecting the - freedom and openness of the maritime domain and in preventing - the trafficking of weapons of mass destruction. - (7) ASEAN member states have contributed significantly to - regional disaster monitoring and management and emergency - response through initiatives such as the ASEAN Coordinating - Centre for Humanitarian Assistance on Disaster Management, an - inter-governmental organization that facilitates coordination - and cooperation among ASEAN member states and international - organizations in times of emergency. - (8) According to the 2018 ASEAN Business Outlook Survey, - ASEAN member states are vital to the prosperity of the United - States economy and exports to ASEAN economies support more than - 500,000 jobs in the United States. - (9) The United States and ASEAN have recently celebrated - the 40th anniversary of their ties and established a new - strategic partnership that will enhance cooperation across the - economic, political-security, and people-to-people pillars of - the relationship. - (b) Statement of Policy.--It is the policy of the United States + (1) the strong and enduring relationship between the United + States and Israel is in the national security interests of both + countries; + (2) the United States should continue to provide assistance to + the Government of Israel for the development and acquisition of the + advanced capabilities that Israel requires to meet its security + needs and to enhance United States capabilities; + (3) such assistance is critical as Israel confronts a number of + security challenges, including continuing threats from Iran; + (4) the memorandum of understanding signed by the United States + and Israel on September 14, 2016, including the provisions of the + memorandum relating to missile and rocket defense cooperation, + continues to be a critical component of the bilateral relationship; + and + (5) science and technology innovations present promising new + opportunities for future United States-Israel economic and security + cooperation. +SEC. 1273. SECURITY ASSISTANCE FOR ISRAEL. + Section 513(c) of the Security Assistance Act of 2000 (Public Law +106-280; 114 Stat. 856) is amended-- + (1) in paragraph (1), by striking ``2002 and 2003'' and + inserting ``2021, 2022, 2023, 2024, 2025, 2026, 2027, and 2028''; + and + (2) in paragraph (2), by striking ``equal to--'' and all that + follows and inserting ``not less than $3,300,000,000.''. +SEC. 1274. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY. + (a) Department of Defense Appropriations Act, 2005.--Section +12001(d) of the Department of Defense Appropriations Act, 2005 (Public +Law 108-287; 118 Stat. 1011) is amended by striking ``September 30, +2020'' and inserting ``after September 30, 2025''. + (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the +Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by +striking ``2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020'' and +inserting ``2021, 2022, 2023, 2024, and 2025''. +SEC. 1275. RULES GOVERNING THE TRANSFER OF PRECISION-GUIDED MUNITIONS +TO ISRAEL ABOVE THE ANNUAL RESTRICTION. + (a) In General.--Notwithstanding section 514(b) of the Foreign +Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to subsections +(b) and (c) of this section, the President, acting through the +Secretary of Defense and with the concurrence of the Secretary of +State, is authorized to transfer to Israel precision-guided munitions +from reserve stocks, including the War Reserve Stockpile for Allies- +Israel, consistent with-- + (1) all other requirements set forth in the Foreign Assistance + Act of 1961 (22 U.S.C. 2151 et seq.); and + (2) the requirements set forth in the Arms Export Control Act + (22 U.S.C. 2751 et seq.). + (b) Conditions.--Except in the case of an emergency, as determined +by the President, a transfer under subsection (a) of this section may +only occur if the transfer-- + (1) does not affect the ability of the United States to + maintain a sufficient supply of precision-guided munitions to + satisfy United States warfighting requirements; + (2) does not harm the combat readiness of the United States; + (3) does not affect the ability of the United States to meet + its commitments to allies with respect to the transfer of + precision-guided munitions; and + (4) is in the national security interest of the United States. + (c) Certification.-- + (1) In general.--Except in the case of an emergency, as + determined by the President, not later than 15 days before making a + transfer under subsection (a) of this section, the Secretary of + Defense, with the concurrence of the Secretary of State, shall + certify to the appropriate congressional committees that the + transfer meets the conditions specified in subsection (b) of this + section. + (2) Emergencies.--In the case of an emergency, as determined by + the President, not later than 5 days after making a transfer under + subsection (a) of this section, the President shall-- + (A) certify to the appropriate congressional committees + that the transfer supports the national security interests of + the United States; and + (B) provide to the appropriate committees of Congress an + assessment of the impacts, risks, and mitigation measures with + respect to the matters referred to in paragraphs (1) through + (4) of subsection (b) of this section. + (d) Assessment.-- + (1) In general.--The Secretary of Defense shall conduct an + assessment with respect to the following matters: + (A) The current quantity and type of precision-guided + munitions in the stockpile pursuant to section 12001(d) of the + Department of Defense Appropriations Act, 2005 (Public Law 108- + 287; 118 Stat. 1011), as amended. + (B) The quantity and type of precision-guided munitions + necessary for Israel to combat Hezbollah and hostile forces + that threaten Israel. + (C) The quantity and type of precision-guided munitions + necessary for Israel in the event of a sustained armed + confrontation with other armed groups and terrorist + organizations. + (D) The current United States inventory of precision-guided + munitions of the type specified in subparagraphs (A), (B), and + (C) and ability of that inventory to meet requirements of + current Operation Plans. + (E) Department of Defense efforts to expand precision- + guided munitions production and stockpiles to meet operational + requirements. + (F) Israel's efforts to expand precision-guided munitions + production and stockpiles to meet operational requirements. + (2) Report.-- + (A) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the appropriate congressional committees a report on + the results of the assessment required by paragraph (1), + including a description of such results with respect to each + matter described in that paragraph. + (B) Form.--The report required by subparagraph (A) shall be + submitted in classified form. + (e) Termination.--The authority of the President to transfer +precision-guided munitions under this section shall terminate on the +date that is three years after the date of the enactment of this Act. +SEC. 1276. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION +EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS. + Not later than 120 days after the date of the enactment of this +Act, the Secretary of State shall brief the appropriate congressional +committees by describing the steps taken to include Israel in the list +of countries eligible for the strategic trade authorization exception +under section 740.20(c)(1) of title 15, Code of Federal Regulations, as +required under section 6(b) of the United States-Israel Strategic +Partnership Act of 2014 (Public Law 113-296; 128 Stat. 4076; 22 U.S.C. +8603 note). +SEC. 1277. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MEMORANDA +OF UNDERSTANDING TO ENHANCE COOPERATION WITH ISRAEL. + The Secretary of State, acting through the Administrator of the +United States Agency for International Development, may enter into +memoranda of understanding with Israel to advance common goals on +energy, agriculture, food security, democracy, human rights, +governance, economic growth, trade, education, environment, global +health, water, and sanitation, with a focus on strengthening mutual +ties and cooperation with nations throughout the world. +SEC. 1278. COOPERATIVE PROJECTS AMONG THE UNITED STATES, ISRAEL, AND +DEVELOPING COUNTRIES. + Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151d) +is amended by striking subsections (e) and (f) and inserting the +following: + ``(e) There is authorized to be appropriated $2,000,000 for fiscal +years 2021 through 2023 to finance cooperative projects among the +United States, Israel, and developing countries that identify and +support local solutions to address sustainability challenges relating +to water resources, agriculture, and energy storage, including-- + ``(1) establishing public-private partnerships; + ``(2) supporting the identification, research, development + testing, and scaling of innovations that focus on populations that + are vulnerable to environmental and resource-scarcity crises, such + as subsistence farming communities; + ``(3) seed or transition-to-scale funding; + ``(4) clear and appropriate branding and marking of United + States funded assistance, in accordance with section 641; and + ``(5) accelerating demonstrations or applications of local + solutions to sustainability challenges, or the further refinement, + testing, or implementation of innovations that have previously + effectively addressed sustainability challenges.''. +SEC. 1279. JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION AND HIGH- +TECH FOR THE MIDDLE EAST REGION. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the United States should help foster cooperation in the + Middle East region by financing and, as appropriate, cooperating in + projects related to innovation and advanced technologies; and + (2) projects referred to in paragraph (1) should-- + (A) contribute to development and the quality of life in + the Middle East region through the application of research and + advanced technology; and + (B) contribute to Arab-Israeli cooperation by establishing + strong working relationships that last beyond the life of such + projects. + (b) Establishment.--The Secretary of State, acting through the +Administrator of the United States Agency for International +Development, is authorized to seek to establish a program between the +United States and appropriate regional partners to provide for +cooperation in the Middle East region by supporting projects related to +innovation and advanced technologies. + (c) Project Requirements.--Each project carried out under the +program established pursuant to subsection (b)-- + (1) shall include the participation of at least one entity from + Israel and one entity from another regional partner; and + (2) shall be conducted in a manner that appropriately protects + sensitive information, intellectual property, the national security + interests of the United States, and the national security interests + of Israel. +SEC. 1280. COOPERATION ON DIRECTED ENERGY CAPABILITIES. + (a) Report.--Not later than March 15, 2021, the Secretary of +Defense, with the concurrence of the Secretary of State, shall submit +to the appropriate congressional committees a report on potential areas +for directed energy cooperation. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A description of any science and technology effort or + research, development, test, and evaluation effort associated with + directed energy. + (2) A description of activities or efforts recommended for + potential defense cooperation activities associated with directed + energy between the United States and Israel in support of + development of military capabilities of mutual benefit. + (3) A description of any obstacle or challenge associated with + an effort described under paragraph (2) and recommendations to + address such obstacle or challenge. + (4) A description of any authority or authorization of + appropriations required for the execution of efforts described + under paragraph (2). + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form but may contain a classified annex, as determined +necessary by the Secretary of Defense. + (d) Program Authority.--If recommended as a result of the report +required by subsection (a), the Secretary of Defense, with the +concurrence of the Secretary of State, may establish a program to carry +out research, development, test, and evaluation activities, on a joint +basis with Israel, to promote directed energy capabilities of mutual +benefit to both the United States and Israel that address threats to +the United States, deployed forces of the United States, and Israel. +Any activities carried out under this subsection shall be conducted in +a manner that appropriately protects sensitive information, +intellectual property, the national security interests of the United +States, and the national security interests of Israel. Any such program +shall take into consideration the recommendations of the United States- +Israel Defense Acquisition Advisory Group. +SEC. 1280A. OTHER MATTERS OF COOPERATION. + (a) In General.--Activities authorized under this section shall be +carried out with the concurrence of the Secretary of State and aligned +with the National Security Strategy of the United States, the United +States Government Global Health Security Strategy, the Department of +State Integrated Country Strategies, the USAID Country Development +Cooperation Strategies, and any equivalent or successor plans or +strategies, as necessary and appropriate. + (b) Development of Health Technologies.-- + (1) In general.--There is authorized to be appropriated to the + Secretary of Health and Human Services $4,000,000 for fiscal years + 2021 through 2023 for a bilateral cooperative program with the + Government of Israel that awards grants for the development of + health technologies, which may include health technologies listed + in paragraph (2), subject to paragraph (3), with an emphasis on + collaboratively advancing the use of technology and personalized + medicine in relation to COVID-19. + (2) Types of health technologies.--The health technologies + described in this paragraph are technologies such as, drugs and + vaccines, ventilators, diagnostic tests, and technologies to + facilitate telemedicine. + (3) Restrictions on funding.--Amounts appropriated pursuant to + paragraph (1) are subject to a matching contribution from the + Government of Israel. + (4) Option for establishing new program.--Amounts appropriated + pursuant to paragraph (1) may be expended for a bilateral program + with the Government of Israel that-- + (A) is in existence on the day before the date of the + enactment of this Act for the purposes described in paragraph + (1); or + (B) is established after the date of the enactment of this + Act by the Secretary of Health and Human Services, in + consultation with the Secretary of State, in accordance with + the Agreement between the Government of the United States of + America and the Government of the State of Israel on + Cooperation in Science and Technology for Homeland Security + Matters, done at Jerusalem May 29, 2008 (or a successor + agreement), for the purposes described in paragraph (1). + (5) Public availability.--The Secretary shall require, as a + condition of any grant awarded under this subsection, that all + research publications and results of such research, including basic + and applied research, shall be made publicly available on the + website of the Department of Health and Human Services. + (c) Coordinator of United States-Israel Research and Development.-- + (1) In general.--The President may designate the Assistant + Secretary of State for the Bureau of Oceans and International + Environmental and Scientific Affairs, or another appropriate + Department of State official, to act as Coordinator of United + States-Israel Research and Development (referred to in this + subsection as the ``Coordinator''). + (2) Authorities and duties.--The Coordinator, in conjunction + with the heads of relevant Federal Government departments and + agencies and in coordination with the Israel Innovation Authority, + may oversee civilian science and technology programs on a joint + basis with Israel. + (d) Office of Global Policy and Strategy of the Food and Drug +Administration.-- + (1) In general.--It is the sense of Congress that the + Commissioner of the Food and Drug Administration should seek to + explore collaboration with Israel through the Office of Global + Policy and Strategy. + (2) Report.--Not later than one year after the date of the + enactment of this Act, the Commissioner, acting through the head of + the Office of Global Policy and Strategy, shall submit a report + describing the benefits to the United States and to Israel of + opening an office in Israel for the Office of Global Policy and + Strategy to-- + (A) the Committee on Foreign Relations of the Senate; + (B) the Committee on Health, Education, Labor, and Pensions + 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. + (e) United States-Israel Energy Center.--There is authorized to be +appropriated to the Secretary of Energy $4,000,000 for fiscal year 2021 +to carry out the activities of the United States-Israel Energy Center +established pursuant to section 917(d) of the Energy Independence and +Security Act of 2007 (42 U.S.C. 17337(d)). + (f) United States-Israel Binational Industrial Research and +Development Foundation.--It is the sense of Congress that grants to +promote covered energy projects conducted by, or in conjunction with, +the United States-Israel Binational Industrial Research and Development +Foundation should be funded at not less than $2,000,000 annually under +section 917(b) of the Energy Independence and Security Act of 2007 (42 +U.S.C. 17337(b)). + (g) United States-Israel Cooperation on Energy, Water, Homeland +Security, Agriculture, and Alternative Fuel Technologies.--Section 7 of +the United States-Israel Strategic Partnership Act of 2014 (22 U.S.C. +8606) is amended by adding at the end the following: + ``(d) Authorization of Appropriations.--There is authorized to be +appropriated to carry out this section $2,000,000 for fiscal year +2021.''. + (h) Annual Policy Dialogue.--It is the sense of Congress that the +Department of Transportation and Israel's Ministry of Transportation +should engage in an annual policy dialogue to implement the 2016 +Memorandum of Cooperation signed by the Secretary of Transportation and +the Israeli Minister of Transportation. + (i) Cooperation on Space Exploration and Science Initiatives.--The +Administrator of the National Aeronautics and Space Administration +shall continue to work with the Israel Space Agency to identify and +cooperatively pursue peaceful space exploration and science initiatives +in areas of mutual interest, taking all appropriate measures to protect +sensitive information, intellectual property, trade secrets, and +economic interests of the United States. + (j) Research and Development Cooperation Relating to Desalination +Technology.--Not later than one year after the date of the enactment of +this Act, the Director of the Office of Science and Technology Policy +shall submit a report that describes research and development +cooperation with international partners, such as the State of Israel, +in the area of desalination technology in accordance with section +9(b)(3) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note) to-- - (1) deepen cooperation with ASEAN and ASEAN member states - in the interest of promoting peace, security, and stability in - the Indo-Pacific region; - (2) affirm the importance of ASEAN centrality and ASEAN-led - mechanisms in the evolving institutional architecture of the - Indo-Pacific region; and - (3) establish and communicate a comprehensive strategy - toward the Indo-Pacific region that articulates-- - (A) the role and importance of Southeast Asia to - the United States; - (B) the value of the United States-ASEAN - relationship; - (C) the mutual interests of all parties; - (D) the concrete and material benefits all nations - derive from strong United States engagement and - leadership in Southeast Asia; and - (E) efforts to forge and maintain ASEAN consensus, - especially on key issues of political and security - concern to the region, such as the South China Sea. - (c) Strategy for Engagement With Southeast Asia and ASEAN.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of State, in - consultation with the heads of other Federal departments and - agencies as appropriate, shall develop and submit to the - appropriate congressional committees a comprehensive strategy - for engagement with Southeast Asia and ASEAN. - (2) Matters to be included.--The strategy required by - paragraph (1) shall include the following: - (A) A statement of enduring United States interests - in Southeast Asia and a description of efforts to - bolster the effectiveness of ASEAN. - (B) A description of efforts to-- - (i) deepen and expand Southeast Asian - alliances, partnerships, and multilateral - engagements, including efforts to expand broad - based and inclusive economic growth, security - ties, security cooperation and - interoperability, economic connectivity, and - expand opportunities for ASEAN to work with - other like-minded partners in the region; and - (ii) encourage like-minded partners outside - of the Indo-Pacific region to engage with - ASEAN. - (C) A summary of initiatives across the whole of - the United States Government to strengthen the United - States partnership with Southeast Asian nations and - ASEAN, including to promote broad based and inclusive - economic growth, trade, investment, energy and efforts - to combat climate change, public-private partnerships, - physical and digital infrastructure development, - education, disaster management, public health and - economic and political diplomacy in Southeast Asia. - (D) A summary of initiatives across the whole of - the United States Government to enhance the capacity of - Southeast Asian nations with respect to enforcing - international law and multilateral sanctions, and - initiatives to cooperate with ASEAN as an institution - in these areas. - (E) A summary of initiatives across the whole of - the United States Government to promote human rights - and democracy, to strengthen the rule of law, civil - society, and transparent governance, and to protect the - integrity of elections from outside influence. - (F) A summary of initiatives to promote security - cooperation and security assistance within Southeast - Asian nations, including-- - (i) maritime security and maritime domain - awareness initiatives for protecting the - maritime commons and supporting international - law and freedom of navigation in the South - China Sea; and - (ii) efforts to combat terrorism, human - trafficking, piracy, and illegal fishing, and - promote more open, reliable routes for sea - lines of communication. - (3) Appropriate congressional committees defined.--In this - subsection, the term ``appropriate congressional committees'' - means-- - (A) the Committee on Foreign Affairs and the - Committee on Armed Services of the House of - Representatives; and - (B) the Committee on Foreign Relations and the - Committee on Armed Services of the Senate. - -SEC. 1260G. SENSE OF CONGRESS ON STRATEGIC SECURITY RELATIONSHIP - BETWEEN THE UNITED STATES AND MONGOLIA. - - Congress-- - (1) recognizes the security relationship between the United - States and Mongolia and remains committed to advancing the - comprehensive partnership in the future; - (2) urges the United States Government and the Government - of Mongolia to deepen military cooperation through joint - defense exercises and hosting military officers for training in - the United States; - (3) encourages the Government of Mongolia to continue its - contributions to multinational peacekeeping operations, - including the North Atlantic Treaty Organization (NATO) and the - United Nations; - (4) commends the Mongolian Armed Forces continued - contributions to NATO's Resolute Support Mission in Afghanistan - to help train Afghan Security Forces and provide security at - Kabul International Airport, and continued enforcement of - United Nations Security Council sanctions in response to North - Korea's illicit nuclear and ballistic missile programs; and - (5) applauds the continued engagement of Mongolia in the - Organization for Security and Co-operation in Europe, the - Community of Democracies, congressional-parliamentary - partnerships, and other institutions that promote democratic - values, which reinforces the commitment of the people and the - Government of Mongolia to those values and standards. - - Subtitle G--Other Matters - -SEC. 1261. PROVISION OF GOODS AND SERVICES TO KWAJALEIN ATOLL. - - (a) Authority for Provision of Goods and Services.--Chapter 767 of -title 10, United States Code, is amended by adding at the end the -following new section: -``Sec. 7596. Provision of goods and services to Kwajalein Atoll - ``(a) Authority.-- - ``(1) In general.--The Secretary of the Army may, subject - to the concurrence of the Secretary of State as provided in - paragraph (2), use any amounts appropriated to the Department - of the Army to provide goods and services, including inter- - atoll transportation, to the Government of the Republic of the - Marshall Islands and to other eligible patrons at Kwajalein - Atoll, under regulations and at rates to be prescribed by the - Secretary of the Army in accordance with this section. - ``(2) Effect on compact.--The Secretary of State may not - concur to the provision of goods and services under paragraph - (1) if the Secretary determines that such provision would be - inconsistent with the Compact of Free Association between the - Government of the United States of America and the Government - of the Republic of the Marshall Islands (as set forth in title - II of the Compact of Free Association Act of 1985 (48 U.S.C. - 1901 et seq.)) or with any subsidiary agreement or implementing - arrangement with respect to such Compact. - ``(b) Reimbursement.-- - ``(1) Authority to collect reimbursement.--The Secretary of - the Army may collect reimbursement from the Government of the - Republic of the Marshall Islands or eligible patrons for the - provision of goods and services under this section in an amount - that does not exceed the costs to the United States of - providing such goods or services. - ``(2) Maximum reimbursement.--The total amount collected in - a fiscal year pursuant to the authority under paragraph (1) may - not exceed $7,000,000.''. - (b) Clerical Amendments.--The table of contents for chapter 767 of -title 10, United States Code, is amended by adding at the end the -following new item: - -``Sec. 7595. Provision of goods and services to Kwajalein Atoll.''. + (1) the Committee on Foreign Relations of the Senate; + (2) the Committee on Energy and Natural Resources of the + Senate; + (3) the Committee on Foreign Affairs of the House of + Representatives; and + (4) the Committee on Natural Resources of the House of + Representatives. + (k) Research and Treatment of Posttraumatic Stress Disorder.--It is +the sense of Congress that the Secretary of Veterans Affairs should +seek to explore collaboration between the Mental Illness Research, +Education and Clinical Centers of Excellence and Israeli institutions +with expertise in researching and treating posttraumatic stress +disorder. +SEC. 1280B. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. + In this subtitle, the term ``appropriate congressional committees'' +means-- + (1) the Committee on Foreign Relations and the Committee on + Armed Services of the Senate; and + (2) the Committee on Foreign Affairs and the Committee on Armed + Services of the House of Representatives. + + Subtitle I--Global Child Thrive Act of 2020 + +SEC. 1281. SHORT TITLE. + This subtitle may be cited as the ``Global Child Thrive Act of +2020''. +SEC. 1282. SENSE OF CONGRESS. + It is the sense of Congress that-- + (1) the United States Government should continue efforts to + reduce child mortality rates and increase attention on prevention + efforts and early childhood development outcomes; + (2) investments in early childhood development ensure healthy + and well-developed future generations that contribute to a + country's stability, security and economic prosperity; + (3) efforts to provide training and education on nurturing care + could result in improved early childhood development outcomes and + support healthy brain development; and + (4) integration and cross-sector coordination of early + childhood development programs is critical to ensure the + efficiency, effectiveness, and continued implementation of such + programs. +SEC. 1283. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY. + (a) Authorization of Assistance.--Amounts authorized to be +appropriated or otherwise made available to carry out section 135 in +chapter 1 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. +2151 et seq.) for each of the fiscal years 2021 through 2025 are +authorized to be made available to support early childhood development +activities in conjunction with relevant, existing programming, such as +water, sanitation and hygiene, maternal and child health, basic +education, nutrition and child protection. + (b) Assistance to Improve Early Childhood Outcomes Globally.-- +Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. +2151 et seq.) is amended by adding at the end the following: + ``SEC. 137. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES + GLOBALLY. + ``(a) Definitions.--In this section: + ``(1) Appropriate congressional committees.--The term + `appropriate congressional committees' means-- + ``(A) the Committee on Appropriations of the Senate; + ``(B) the Committee on Foreign Relations of the Senate; + ``(C) the Committee on Appropriations of the House of + Representatives; and + ``(D) the Committee on Foreign Affairs of the House of + Representatives. + ``(2) Early childhood development.--The term `early childhood + development' means the development and learning of a child younger + than 8 years of age, including physical, cognitive, social, and + emotional development and approaches to learning that allow a child + to reach his or her full developmental potential. + ``(3) Early childhood development program.--The term `early + childhood development program' means a program that seeks to ensure + that every child has the conditions for healthy growth, nurturing + family-based care, development and learning, and protection from + violence, exploitation, abuse, and neglect, which may include-- + ``(A) a health, safe water, sanitation, and hygiene program + that serves pregnant women, children younger than 5 years of + age, and the parents of such children; + ``(B) a nutrition program, combined with stimulating child + development activity; + ``(C) age appropriate cognitive stimulation, especially for + newborns, infants, and toddlers, including an early childhood + intervention program for children experiencing at-risk + situations, developmental delays, disabilities, and behavioral + and mental health conditions; + ``(D) an early learning (36 months and younger), preschool, + and basic education program for children until they reach 8 + years of age or complete primary school; or + ``(E) a child protection program, with an emphasis on the + promotion of permanent, safe, and nurturing families, rather + than placement in residential care or institutions, including + for children with disabilities. + ``(4) Relevant federal departments and agencies.--The term + `relevant Federal departments and agencies' means-- + ``(A) the Department of State; + ``(B) the United States Agency for International + Development; + ``(C) the Department of the Treasury; + ``(D) the Department of Labor; + ``(E) the Department of Education; + ``(F) the Department of Agriculture; + ``(G) the Department of Defense; + ``(H) the Department of Health and Human Services, + including-- + ``(i) the Centers for Disease Control and Prevention; + and + ``(ii) the National Institutes of Health; + ``(I) the Millennium Challenge Corporation; + ``(J) the Peace Corps; and + ``(K) any other department or agency specified by the + President for the purposes of this section. + ``(5) Residential care.--The term `residential care' means care + provided in any non-family-based group setting, including + orphanages, transit or interim care centers, children's homes, + children's villages or cottage complexes, group homes, and boarding + schools used primarily for care purposes as an alternative to a + children's home. + ``(b) Statement of Policy.--It is the policy of the United States-- + ``(1) to support early childhood development in relevant + foreign assistance programs, including by integrating evidence- + based, efficient, and effective interventions into relevant + strategies and programs, in coordination with partner countries, + other donors, international organizations, international financial + institutions, local and international nongovernmental + organizations, private sector partners, and civil society, + including faith-based and community-based organizations; and + ``(2) to encourage partner countries to lead early childhood + development initiatives that include incentives for building local + capacity for continued implementation and measurable results, by-- + ``(A) scaling up the most effective, evidence-based, + national interventions, including for the most vulnerable + populations and children with disabilities and developmental + delays, with a focus on adaptation to country resources, + cultures, and languages; + ``(B) designing, implementing, monitoring, and evaluating + programs in a manner that enhances their quality, transparency, + equity, accountability, efficiency and effectiveness in + improving child and family outcomes in partner countries; and + ``(C) utilizing and expanding innovative public-private + financing mechanisms. + ``(c) Implementation.-- + ``(1) In general.--Not later than 1 year after the date of the + enactment of this section, the Administrator of the United States + Agency for International Development on behalf of the President and + in coordination with the Secretary of State, shall direct relevant + Federal departments and agencies-- + ``(A) to incorporate, to the extent practical and relevant, + early childhood development into foreign assistance programs to + be carried out during the following 5 fiscal years; and + ``(B) to promote inclusive early childhood development in + partner countries. + ``(2) Elements.--In carrying out paragraph (1), the + Administrator, the Secretary, and the heads of other relevant + Federal departments and agencies as appropriate shall-- + ``(A) build on the evidence and priorities outlined in + `Advancing Protection and Care for Children in Adversity: A + U.S. Government Strategy for International Assistance 2019- + 2023', published in June 2019 (referred to in this section as + `APCCA'); + ``(B) to the extent practicable, identify evidence-based + strategic priorities, indicators, outcomes, and targets, + particularly emphasizing the most vulnerable populations and + children with disabilities and developmental delays, to support + inclusive early childhood development; + ``(C) support the design, implementation, and evaluation of + pilot projects in partner countries, with the goal of taking + such projects to scale; + ``(D) support inclusive early childhood development within + all relevant sector strategies and public laws, including-- + ``(i) the Global Water Strategy required under section + 136(j); + ``(ii) the whole-of-government strategy required under + section 5 of the Global Food Security Act of 2016 (22 + U.S.C. 9304 note); + ``(iii) the Basic Education Strategy set forth in + section 105(c); + ``(iv) the U.S. Government Global Nutrition + Coordination Plan, 2016-2021; and + ``(v) APCCA; and others as appropriate; + ``(E) improve coordination with foreign governments and + international and regional organizations with respect to + official country policies and plans to improve early childhood + development, maternal, newborn, and child health and nutrition + care, basic education, water, sanitation and hygiene, and child + protection plans which promote nurturing, appropriate, + protective, and permanent family care, while reducing the + percentage of children living outside of family care, including + in residential care or on the street; and + ``(F) consult with partner countries, other donors, + international organizations, international financial + institutions, local and international nongovernmental + organizations, private sector partners and faith-based and + community-based organizations, as appropriate. + ``(d) Annual Report on the Implementation of the Strategy.--The +Special Advisor for Children in Adversity shall include, in the annual +report required under section 5 of the Assistance for Orphans and Other +Vulnerable Children in Developing Countries Act of 2005 (22 U.S.C. +2152g), which shall be submitted to the appropriate congressional +committees and made publicly available, a description of-- + ``(1) the progress made toward integrating early childhood + development interventions into relevant strategies and programs; + ``(2) the efforts made by relevant Federal departments and + agencies to implement subsection (c), with a particular focus on + the activities described in such subsection; and + ``(3) the progress achieved during the reporting period toward + meeting the goals, objectives, benchmarks, and timeframes described + in subsection (c) at the program level, along with specific + challenges or gaps that may require shifts in targeting or + financing in the following fiscal year. + ``(e) Interagency Task Force.--The Special Advisor for Assistance +to Orphans and Vulnerable Children should establish and regularly +convene an Interagency Working Group on Children in Adversity which, +among other things, will coordinate-- + ``(1) intergovernmental and interagency monitoring, evaluation, + and reporting of the activities carried out pursuant to this + section; + ``(2) early childhood development initiatives that include + children with a variety of needs and circumstances; and + ``(3) United States Government early childhood development + programs, strategies, and partnerships across relevant Federal + departments and agencies.''. +SEC. 1284. SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND VULNERABLE +CHILDREN. + Section 135(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. +2152f(e)(2)) is amended-- + (1) by amending subparagraph (A) to read as follows: + ``(A) Coordinate assistance to orphans and other vulnerable + children among the relevant Federal agencies and officials.''; + and + (2) in subparagraph (B), by striking ``the various offices, + bureaus, and field missions within the United States Agency for + International Development'' and inserting ``the relevant Federal + branch agencies and officials''. +SEC. 1285. RULE OF CONSTRUCTION. + Nothing in the amendments made by this subtitle may be construed to +restrict or abrogate any other authorization for United States Agency +for International Development activities or programs. -SEC. 1262. ANNUAL BRIEFINGS ON CERTAIN FOREIGN MILITARY BASES OF - ADVERSARIES. + Subtitle J--Matters Relating to Africa and the Middle East - (a) In General.--Chapter 3 of title 10, United States Code, is -amended by adding at the end the following new section: -``Sec. 130l. Annual briefings on certain foreign military bases of - adversaries - ``(a) Requirement.--Not later than February 15 of each year, the -Chairman of the Joint Chiefs of Staff and the Secretary of Defense, -acting through the Under Secretary of Defense for Intelligence and -Security, shall provide to the congressional defense committees, the -Committee on Foreign Affairs of the House of Representatives, and the -Committee on Foreign Relations of the Senate a briefing on-- - ``(1) covered foreign military bases and the related - capabilities of that foreign military; and - ``(2) the effects of such bases and capabilities on-- - ``(A) the military installations of the United - States located outside the United States; and - ``(B) current and future deployments and operations - of the armed forces of the United States. - ``(b) Elements.--Each briefing under subsection (a) shall include -the following: - ``(1) An assessment of covered foreign military bases, - including such bases established by China, Russia, and Iran, - and any updates to such assessment provided in a previous - briefing under such subsection. - ``(2) Information regarding known plans for any future - covered foreign military base. - ``(3) An assessment of the capabilities, including those - pertaining to anti-access and area denial, provided by covered - foreign military bases to that foreign military, including an - assessment of how such capabilities could be used against the - armed forces of the United States in the country and the - geographic combatant command in which such base is located. - ``(4) A description of known ongoing activities and - capabilities at covered foreign military bases, and how such - activities and capabilities advance the foreign policy and - national security priorities of the relevant foreign countries. - ``(5) The extent to which covered foreign military bases - could be used to counter the defense priorities of the United - States. - ``(c) Form.--Each briefing under subsection (a) shall be provided -in classified form. - ``(d) Covered Foreign Military Base Defined.--In this section, the -term `covered foreign military base' means, with respect to a foreign -country that is an adversary of the United States, a military base of -that country located in a different country.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such chapter is amended by adding at the end the following new item: - -``130l. Annual briefings on certain foreign military bases of - adversaries.''. - -SEC. 1263. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE WITH RESPECT - TO DENYING A FAIT ACCOMPLI BY A STRATEGIC COMPETITOR - AGAINST A COVERED DEFENSE PARTNER. - - (a) Definitions.--In this section: - (1) Covered defense partner.--The term ``covered defense - partner'' means a partner identified in the ``Department of - Defense Indo-Pacific Strategy Report'' issued on June 1, 2019, - located within 100 miles off the coast of a strategic - competitor. - (2) Fait accompli.--The term ``fait accompli'' means the - strategy of a strategic competitor designed to allow such - strategic competitor to use military force to seize control of - a covered defense partner before the United States Armed Forces - are able to respond effectively. - (3) Strategic competitor.--The term ``strategic - competitor'' means a country labeled as a strategic competitor - in the ``Summary of the 2018 National Defense Strategy of the - United States of America: Sharpening the American Military's - Competitive Edge'' issued by the Department of Defense pursuant - to section 113 of title 10, United States Code. - (b) Report on Progress of the Department of Defense With Respect To -Denying a Fait Accompli by a Strategic Competitor Against a Covered -Defense Partner.-- - (1) In general.--Not later than April 30 each year, - beginning in 2021 and ending in 2026, the Secretary of Defense - shall submit to the congressional defense committees a report - on the progress of the Department of Defense with respect to - improving the ability of the United States Armed Forces to - conduct combined joint operations to deny the ability of a - strategic competitor to execute a fait accompli against a - covered defense partner. - (2) Matters to be included.--Each report under paragraph - (1) shall include the following: - (A) An explanation of the objectives for the United - States Armed Forces that would be necessary to deny the - fait accompli by a strategic competitor against a - covered defense partner. - (B) An identification of joint warfighting - capabilities and current efforts to organize, train, - and equip the United States Armed Forces in support of - the objectives referred to in paragraph (1), - including-- - (i) an assessment of whether the programs - included in the most recent future-years - defense program submitted to Congress under - section 221 of title 10, United States Code, - are sufficient to enable the United States - Armed Forces to conduct joint combined - operations to achieve such objectives; - (ii) a description of additional - investments or force posture adjustments - required to maintain or improve the ability of - the United States Armed Forces to conduct joint - combined operations to achieve such objectives; - (iii) a description of the manner in which - the Secretary of Defense intends to develop and - integrate Army, Navy, Air Force, Marine Corps, - and Space Force operational concepts to - maintain or improve the ability of the United - States Armed Forces to conduct joint combined - operations to achieve such objectives; and - (iv) an assessment of the manner in which - different options for pre-delegating - authorities may improve the ability of the - United States Armed Forces to conduct joint - combined operations to achieve such objectives. - (C) An assessment of options for deterring limited - use of nuclear weapons by a strategic competitor in the - Indo-Pacific region without undermining the ability of - the United States Armed Forces to maintain deterrence - against other strategic competitors and adversaries. - (D) An assessment of a strategic competitor theory - of victory for invading and unifying a covered defense - partner with such a strategic competitor by military - force. - (E) A description of the military objectives a - strategic competitor would need to achieve in a covered - defense partner campaign. - (F) A description of the military missions a - strategic competitor would need to execute a covered - defense partner invasion campaign, including-- - (i) blockade and bombing operations; - (ii) amphibious landing operations; and - (iii) combat operations. - (G) An assessment of competing demands on a - strategic competitor's resources and how such demands - impact such a strategic competitor's ability to achieve - its objectives in a covered defense partner campaign. - (H) An assessment of a covered defense partner's - self-defense capability and a summary of defense - articles and services that are required to enhance such - capability. - (I) An assessment of the capabilities of partner - and allied countries to conduct combined operations - with the United States Armed Forces in a regional - contingency. - (3) Form.--Each report under paragraph (1) shall be - submitted in classified form but may include an unclassified - executive summary. - -SEC. 1264. MODIFICATION TO REQUIREMENTS OF THE INITIATIVE TO SUPPORT - PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM - UNDUE INFLUENCE AND OTHER SECURITY THREATS. - - (a) Enhanced Information Sharing.--Subsection (d)(1) section 1286 -of the John S. McCain National Defense Authorization Act for Fiscal -Year 2019 (10 U.S.C. 2358 note) is amended by striking ``(other than -basic research)''. - (b) Publication of Updated List.--Subsection (e) of such section is -amended by adding at the end the following new paragraph: - ``(4) Publication of updated list.-- - ``(A) In general.--Not later than January 1, 2021, - and annually thereafter, the Secretary shall submit to - the congressional defense committees the most recently - updated list described in subsection (c)(8) in - unclassified form (but with a classified annex as - applicable) and make the unclassified portion of each - such list publicly available on an internet website in - a searchable format. - ``(B) Intervening publication.--The Secretary may - submit and publish an updated list described in - subparagraph (A) more frequently than required by such - subparagraph if the Secretary determines necessary.''. - -SEC. 1265. REPORT ON DIRECTED USE OF FISHING FLEETS. - - Not later than 180 days after the date of the enactment of this -Act, the Commander of the Office of Naval Intelligence shall submit to -the congressional defense committees, the Committee on Foreign Affairs -of the House of Representatives, and the Committee on Foreign Relations -of the Senate an unclassified report on the use of distant-water -fishing fleets by foreign governments as extensions of such countries' -official maritime security forces, including the manner and extent to -which such fishing fleets are leveraged in support of naval operations -and foreign policy more generally. The report shall also consider the -threats, on a country-by-country basis, posed by such use of distant- -water fishing fleets to-- - (1) fishing or other vessels of the United States and - partner countries; - (2) United States and partner naval and coast guard - operations; and - (3) other interests of the United States and partner - countries. - -SEC. 1266. EXPANDING THE STATE PARTNERSHIP PROGRAM IN AFRICA. - - The Secretary of Defense, in coordination with the Chief of the -National Guard Bureau, shall seek to build partner capacity and -interoperability in the United States Africa Command area of -responsibility through increased partnerships with countries on the -African continent, military-to-military engagements, and traditional -activities of the combatant commands. - -SEC. 1267. REPORT RELATING TO REDUCTION IN THE TOTAL NUMBER OF UNITED - STATES ARMED FORCES DEPLOYED TO UNITED STATES AFRICA - COMMAND AREA OF RESPONSIBILITY. - - (a) Reduction Described.-- - (1) In general.--If the Department of Defense reduces the - number of United States Armed Forces deployed to the United - States Africa Command area of responsibility (in this section - referred to as ``AFRICOM AOR'') (other than United States Armed - Forces described in paragraph (2)) to a number that is below 80 - percent of the number deployed as of the day before the date of - the enactment of this Act, the Secretary of Defense, in - consultation with the Secretary of State and the Director of - National Intelligence, shall, not later than 90 days after date - of such a reduction, submit to the appropriate congressional - committees a report described in subsection (b). - (2) United states armed forces described.--United States - Armed Forces described in this paragraph are United States - Armed Forces that are deployed to AFRICOM AOR but are not under - the direct authority of the Commander of United States Africa - Command, including-- - (A) forces deployed in conjunction with other - Commands; - (B) forces participating in joint exercises; - (C) forces identified for pre-planned activities; - (D) forces used to assist in emergency situations; - and - (E) forces designated or assigned for diplomatic or - embassy security. - (b) Report.-- - (1) In general.--A report described in this subsection is a - report that includes each of the following: - (A) A strategic plan to-- - (i) degrade each of the violent extremist - organizations described in paragraph (2) within - the AFRICOM AOR, to include an assessment of - the extent to which such violent extremist - organizations pose a direct threat to the - United States; and - (ii) counter the military influence of - China and Russia within the AFRICOM AOR. - (B) The average number of United States Armed - Forces that are under the direct authority of the - Commander of United States Africa Command and deployed - to AFRICOM AOR and the amount of associated - expenditures, to be listed by month for each of the - fiscal years 2019 and 2020 and disaggregated by mission - and country, to include those forces deployed to secure - United States embassies. - (C) The average number of United States Armed - Forces that are planned to be under the direct - authority of the Commander of United States Africa - Command and deployed to AFRICOM AOR and the amount of - projected associated expenditures, to be listed by - month for fiscal years 2021 and 2022 and disaggregated - by mission and country, to include those forces - deployed to secure United States embassies. - (D) The effect that a reduction described in - subsection (a) would have on military and intelligence - efforts to combat each of the violent extremist - organizations described in paragraph (2), including a - statement of the current objectives of the Secretary of - Defense with respect to such efforts. - (E) A description of any consultation or - coordination with the Department of State or the United - States Agency for International Development with - respect to such a reduction and the effect that such a - reduction would have on diplomatic, developmental, or - humanitarian efforts in Africa, including statements of - the current objectives of the Secretary of State and - the Administrator of the United States Agency for - International Development with respect to such efforts. - (F) The strength, regenerative capacity, and intent - of such violent extremist organizations in the AFRICOM - AOR, including-- - (i) an assessment of the number of fighters - in the Sahel, the Horn of Africa, and West - Africa who are members of such violent - extremist organizations; - (ii) the threat such violent extremist - organizations pose to host nations and United - States allies and partners, and the extent to - which such violent extremist organizations pose - a direct threat to the United States; and - (iii) the likely reaction of such violent - extremist organizations to the withdrawal of - United States Armed Forces. - (G) The strategic risks involved with countering - such violent extremist organizations following such a - reduction. - (H) The operational risks involved with conducting - United States led or enabled operations in Africa - against such violent extremist organizations following - such a reduction. - (I) For any region of the AFRICOM AOR in which - United States Armed Forces currently are present or - conduct activities, the effect such a reduction would - have on power and influence of China and Russia in such - region. - (J) Any consultation or coordination with United - States allies and partners concerning such a reduction. - (K) An assessment of the response from the - governments and military forces of France, the United - Kingdom, and Canada to such a reduction. - (L) An assessment of how the frequency of air - strikes could change as a result of such reduction. - (M) An assessment of the commitment of partner - security forces in the AFRICOM AOR to address gross - violations of internationally recognized human rights - and uphold international humanitarian law, and the - impact such reduction could have on such commitment. - (2) Violent extremist organizations described.--The violent - extremist organizations described in this paragraph are - adversarial groups and forces in the AFRICOM AOR, as determined - by the Secretary of Defense. - (c) Additional Reporting Requirement.--Not later than 60 days after -the date of the enactment of this Act, the Secretary of Defense shall -submit to the appropriate congressional committees a report that -includes the information required by subsection (b)(1)(B). - (d) Form.--The reports required by subsections (b) and (c) shall be -submitted in unclassified form, but may contain a classified annex. - (e) Appropriate Congressional Committees Defined.--In this section, +SEC. 1291. BRIEFING AND REPORT RELATING TO REDUCTION IN THE TOTAL +NUMBER OF UNITED STATES ARMED FORCES DEPLOYED TO UNITED STATES AFRICA +COMMAND AREA OF RESPONSIBILITY. + (a) Briefing Required.-- + (1) In general.--If the Department of Defense reduces the + number of covered United States Armed Forces in fiscal year 2021 to + a number that is below 80 percent of the number deployed as of the + date of the enactment of this Act, the Secretary of Defense shall, + not later than 30 days after the date of such a reduction, provide + a briefing to the Committee on Armed Services of the Senate and the + Committee on Armed Services of the House of Representatives. + (2) Elements.--The briefing required under paragraph (1) shall + include, at a minimum, the following: + (A) A description of the process and associated analysis + that led to the decision to reduce the number of covered United + States Armed Forces. + (B) A description of the anticipated impact of such a + reduction on the ability of the Department of Defense to + achieve its strategic objectives in the AFRICOM AOR, + including-- + (i) degrading violent extremist organizations; + (ii) countering the military influence of China and + Russia; + (iii) countering transnational threats; + (iv) maintaining strategic access; + (v) preparing for and responding to crises; and + (vi) strengthening security relationships with United + States allies and partners. + (C) An assessment of the impact of such a reduction on the + ability of the Department of Defense to execute the National + Defense Strategy. + (D) A description of any consultation with the Department + of State or the United States Agency for International + Development with respect to such a reduction and the potential + impact that such a reduction would have on diplomatic, + developmental, or humanitarian efforts in Africa. + (E) A description of any consultation with United States + allies and partners with respect to such a reduction. + (F) Any other matters determined to be relevant by the + Secretary of Defense. + (b) Report Required.-- + (1) In general.--Not later than 120 days after the date of a + reduction in the number of covered United States Armed Forces + described in subsection (a)(1), the Secretary of Defense shall + submit to the Committee on Armed Services of the Senate and the + Committee on Armed Services of the House of Representatives a + report that includes the following: + (A) The average number of covered United States Armed + Forces by month for each of the fiscal years 2019 and 2020. + (B) The anticipated number of covered United States Armed + Forces in 2021. + (C) An assessment of the threat posed by violent extremist + organizations in the AFRICOM AOR and a detailed description of + the Department of Defense's plan to degrade such organizations. + (D) A detailed description of the Department of Defense's + plan to counter the military influence of China and Russia in + the AFRICOM AOR. + (E) A detailed assessment of the anticipated effect that + such a reduction would have on military and intelligence + efforts in the AFRICOM AOR. + (2) Form.--The report required by paragraph (1) shall be + submitted in unclassified form, but may contain a classified annex. + (c) Definitions.--In this section: + (1) AFRICOM aor.--The term ``AFRICOM AOR'' means the United + States Africa Command area of responsibility. + (2) Covered united states armed forces.--The term ``covered + United States Armed Forces''-- + (A) means United States Armed Forces that are deployed to + the AFRICOM AOR and under the command authority and operational + control of the Commander of United States Africa Command; but + (B) does not include-- + (i) forces deployed in conjunction with other Commands; + (ii) forces participating in joint exercises; + (iii) forces used to assist in emergency situations; + and + (iv) forces designated or assigned for diplomatic or + embassy security. +SEC. 1292. NOTIFICATION WITH RESPECT TO WITHDRAWAL OF MEMBERS OF THE +ARMED FORCES PARTICIPATING IN THE MULTINATIONAL FORCE AND OBSERVERS IN +EGYPT. + (a) In General.--Not later than 30 days before a reduction in the +total number of members of the Armed Forces assigned to participate in +the Multinational Force and Observers in Egypt to fewer than 430 such +members of the Armed Forces, the Secretary of Defense shall submit to +the appropriate committees of Congress a notification that includes the +following: + (1) A detailed accounting of the number of members of the Armed + Forces to be withdrawn from the Multinational Force and Observers + in Egypt and the capabilities that such members of the Armed Forces + provide in support of the mission. + (2) An explanation of national security interests of the United + States served by such a reduction and an assessment of the effect, + if any, such a reduction is expected to have on the security of + United States partners in the region. + (3) A description of consultations by the Secretary with the + other countries that contribute military forces to the + Multinational Force and Observers, including Australia, Canada, + Colombia, the Czech Republic, Fiji, France, Italy, Japan, New + Zealand, Norway, the United Kingdom, and Uruguay, with respect to + the planned force reduction and the results of such consultations. + (4) An assessment of whether other countries, including the + countries that contribute military forces to the Multinational + Force and Observers, will increase their contributions of military + forces to compensate for the capabilities withdrawn by the United + States. + (5) An explanation of-- + (A) any anticipated negative impact of such a reduction on + the ability of the Multinational Force and Observers in Egypt + to fulfill its mission of supervising the implementation of the + security provisions of the 1979 Treaty of Peace between Egypt + and Israel and employing best efforts to prevent any violation + of the terms of such treaty; and + (B) the manner in which any such negative impact will be + mitigated. + (6) Any other matter the Secretary considers appropriate. + (b) Form.--The notification required by subsection (a) shall be +submitted in unclassified form, but may include a classified annex. + (c) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the congressional defense committees; and + (2) the Committee on Foreign Relations of the Senate and the + Committee on Foreign Affairs of the House of Representatives. +SEC. 1293. REPORT ON ENHANCING SECURITY PARTNERSHIPS BETWEEN THE UNITED +STATES AND AFRICAN COUNTRIES. + (a) Report Required.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense, in coordination + with the Secretary of State, shall submit to the appropriate + congressional committees a report on the activities and resources + required to enhance security partnerships between the United States + and African countries. + (2) Elements.--The report required under paragraph (1) shall + include the following: + (A) A description of the Department of Defense's approach + to conducting security cooperation activities in Africa, + including how it identifies and prioritizes its security + partnerships in Africa. + (B) A description of how the Department's security + cooperation activities benefit other Federal departments and + agencies that are operating in Africa. + (C) Recommendations to improve the ability of the + Department to achieve sustainable security benefits from its + security cooperation activities in Africa, which may include-- + (i) the establishment of contingency locations; + (ii) small-scale construction conducted in accordance + with existing law; and + (iii) the acquisition of additional training and + equipment by African partners to improve their + organizational, operational, mobility, and sustainment + capabilities. + (D) Recommendations to expand and strengthen partner + capability to conduct security activities, including + traditional activities of the combatant commands, train and + equip opportunities, State partnerships with the National + Guard, and through multilateral activities. + (E) A description of how the following factors may impact + the ability of the Department to strengthen security + partnerships in Africa: + (i) The economic development and stability of African + countries. + (ii) The military, intelligence, diplomatic, + developmental, and humanitarian efforts of China and Russia + on the African continent. + (iii) The ability of the United States, allies, and + partners to combat violent extremist organizations + operating in Africa. + (F) Any other matters the Secretary determines to be + relevant. + (3) Form.--The report required under paragraph (1) may be + submitted in classified form, but shall include an unclassified + summary. + (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- - (1) the congressional defense committees (which has the - meaning given the term in section 101(a)(16) of title 10, - United States Code); - (2) the Committee on Foreign Affairs and the Permanent + (1) the congressional defense committees; and + (2) the Committee on Foreign Relations of the Senate and the + Committee on Foreign Affairs of the House of Representatives. +SEC. 1294. PLAN TO ADDRESS GROSS VIOLATIONS OF HUMAN RIGHTS AND +CIVILIAN HARM IN BURKINA FASO, CHAD, MALI, AND NIGER. + (a) Plan Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, in consultation with the +Secretary of Defense, shall submit to the appropriate congressional +committees a plan to engage with the Governments of Burkina Faso, Chad, +Mali, and Niger to prevent civilian harm and address allegations of +gross violations of human rights by the security forces of these +countries and non-state armed groups, and ensure accountability for +such violations. + (b) Matters to Be Included.--The plan required by subsection (a) +shall include the following: + (1) A description of planned public and private diplomatic + engagement to support efforts by the Governments of Burkina Faso, + Chad, Mali, and Niger to investigate, prosecute, and sentence any + individual or group against which there are credible allegations of + gross violations of human rights, including by state security + forces and non-state armed groups, and an assessment of the + effectiveness of such engagement. + (2) An identification of United States assistance and programs + to address gross violations of human rights and civilian harm, + improve civil-military relations, and strengthen accountability of + Burkina Faso, Chad, Mali, and Niger through their military justice + systems, including support for building the capacity of provost + marshals. + (3) A description of how such United States assistance and + programs have been used to address gross violations of human + rights, civilian harm, and civil-military relations, and an + assessment of how they can be strengthened to prevent and mitigate + civilian harm. + (4) A description of plans to coordinate United States efforts + with France, the European Union, the United Nations Stabilization + Mission in Mali (MINUSMA), the African Union, and the G5 Sahel + Joint Force to decrease gross violations of human rights and + minimize civilian harm during military operations in the Sahel. + (5) A description of efforts undertaken by the Governments of + Burkina Faso, Chad, Mali, and Niger to prevent and decrease + instances of gross violations of human rights or civilian harm + perpetrated by state security forces or non-state armed groups that + have received material support from or conducted joint + counterterrorism operations with these security forces, and an + assessment of the effectiveness of these efforts. + (6) A description of any confirmed incidents or reports of + civilian harm that may have occurred during United States military + advise, assist, or accompany operations during the preceding + calendar year. + (7) Any other matters that the Secretary considers to be + relevant. + (c) Form.--The plan required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (d) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs and the Committee on + Armed Services of the House of Representatives; and + (B) the Committee on Foreign Relations and the Committee on + Armed Services of the Senate. + (2) Civilian harm.--The term ``civilian harm'' means conflict- + related death, physical injury, loss of property or livelihood, or + interruption of access to essential services. +SEC. 1295. STATEMENT OF POLICY AND REPORT RELATING TO THE CONFLICT IN +YEMEN. + (a) Statement of Policy.--It is the policy of the United States-- + (1) to protect United States citizens and strategic interests + in the Middle East region; + (2) to support United Nations-led efforts to end violence in + Yemen and secure a comprehensive political settlement to the + conflict in Yemen that results in protection of civilians and + civilian infrastructure and alleviates the humanitarian crisis + including by facilitating unfettered access for all Yemenis to + food, fuel, and medicine; + (3) to encourage all parties to the conflict in Yemen to + participate in good faith in the United Nations-led process and to + uphold interim agreements as part of that process to end the + conflict, leading to reconstruction in Yemen; + (4) to support United States allies and partners in defending + their borders and territories in order to maintain stability and + security in the Middle East region and encourage burden sharing + among such allies and partners; + (5) to assist United States allies and partners in countering + destabilization of the Middle East region; + (6) to oppose Iranian arms transfers in violation of United + Nations Security Council resolutions, including transfers to the + Houthis; + (7) to encourage the Government of Saudi Arabia and the + Government of the United Arab Emirates to assist significantly in + the economic stabilization and eventual reconstruction of Yemen; + and + (8) to encourage all parties to the conflict to comply with the + law of armed conflict, including to investigate credible + allegations of war crimes and provide redress to civilian victims. + (b) Report on Conflict in Yemen.-- + (1) In general.--Not later than 120 days after the date of the + enactment of this Act, the Secretary of State, in consultation with + the Secretary of Defense and the Director of National Intelligence, + shall submit to the appropriate congressional committees a report + on United States policy in Yemen. + (2) Matters to be included.--The report required under + paragraph (1) shall include the following: + (A) A detailed description of diplomatic actions taken by + the United States Government to help ease human suffering in + Yemen, including-- + (i) United States direct humanitarian assistance and + United States donations to multilateral humanitarian + assistance efforts, including to address the COVID-19 + pandemic; + (ii) efforts to ensure that humanitarian assistance is + delivered in line with internationally recognized + humanitarian principles, and the results of such efforts; + (iii) efforts to facilitate humanitarian and commercial + cargo shipments into Yemen and minimize delays associated + with such shipments, including access to ports for + humanitarian and commercial cargo, and the results of such + efforts; + (iv) efforts to work with parties to the conflict in + Yemen to ensure protection of civilians and civilian + infrastructure, and the results of such efforts; + (v) efforts to help the Government of Yemen to create a + mechanism to ensure that salaries and pensions are paid to + civil servants as appropriate, and the results of such + efforts; and + (vi) efforts to work with the Government of Yemen and + countries that are members of the Saudi-led coalition in + Yemen to address the currency crisis in Yemen and the + solvency of the Central Bank of Yemen, and the results of + such efforts. + (B) An assessment of plans, commitments, and pledges for + reconstruction of Yemen made by countries that are members of + the Saudi-led coalition in Yemen, including an assessment of + proposed coordination with the Government of Yemen and + international organizations. + (C) A description of civilian harm occurring in the context + of the conflict in Yemen since November 2017, including mass + casualty incidents and damage to, or destruction of, civilian + infrastructure and services. + (D) An estimated total number of civilian casualties in the + context of the conflict in Yemen since September 2014, + disaggregated by year. + (E) A detailed description of actions taken by the United + States Government to support the efforts of the United Nations + Special Envoy for Yemen to reach a lasting political solution + in Yemen. + (F) A detailed assessment of whether and to what extent + members of the Saudi-led coalition in Yemen have used United + States-origin defense articles and defense services in Yemen in + contravention of the laws of armed conflict when engaging in + any military operations against the Houthis in Yemen. + (G) A description of external and cross border attacks + perpetrated by the Houthis. + (H) A detailed assessment of the Government of Yemen's + willingness and capacity to effectively-- + (i) provide public services to the people of Yemen; + (ii) service the external debts of Yemen; and + (iii) facilitate or ensure access to humanitarian + assistance and key commodities in Yemen. + (I) A description of support for the Houthis by Iran and + Iran-backed groups, including the provision of weapons and + training. + (J) A description of recruitment and use of child soldiers + by parties to the conflict in Yemen. + (3) Form.--The report required by paragraph (1) shall be + submitted in unclassified form without any designation relating to + dissemination control, but may contain a classified annex. + (4) Appropriate congressional committees defined.--In this + subsection, the term ``appropriate congressional committees'' + 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; and - (3) the Committee on Foreign Relations and the Select - Committee on Intelligence of the Senate. - -SEC. 1268. REPORT ON ENHANCING PARTNERSHIPS BETWEEN THE UNITED STATES - AND AFRICAN COUNTRIES. - - (a) Report Required.-- - (1) In general.--Not later than June 1, 2021, the Secretary - of Defense, in coordination with the Secretary of State, shall - submit to the appropriate congressional committees a report on - the activities and resources required to enhance security and - economic partnerships between the United States and African - countries. - (2) Elements.--The report required under paragraph (1) - shall include the following: - (A) An assessment of the infrastructure accessible - to the Department of Defense on the continent of - Africa. - (B) An identification of the ability of the - Department to conduct freedom of movement on the - continent, including identifying the activities of - partners, allies, and other Federal departments and - agencies that are facilitated by the Department's - ability to conduct freedom of movement. - (C) Recommendations to meet the requirements - identified in subparagraph (B), including-- - (i) dual-use infrastructure projects; - (ii) military construction; - (iii) the acquisition of additional - mobility capability by African countries or the - United States Armed Forces, including strategic - air lift, tactical air lift, or sealift - capability; or - (iv) any other option as determined by the - Secretary. - (D) Recommendations to expand and strengthen - partner and ally capability, including traditional - activities of the combatant commands, train and equip - opportunities, partnerships with the National Guard and - the United States Coast Guard, and multilateral - contributions. - (E) Recommendations for enhancing joint exercises - and training. - (F) An analysis of the security, economic, and - stability benefits of the recommendations identified - under subparagraphs (C) through (E). - (G)(i) A plan to fully resource United States force - posture, capabilities, and stability operations, - including-- - (I) a detailed assessment of the - resources required to address the - elements described in subparagraphs (B) - through (E), including specific cost - estimates for recommended investments - or projects; and - (II) a detailed timeline to achieve - the recommendations described in - subparagraphs (B) through (D). - (ii) The specific cost estimates required - by clause (i)(I) shall, to the maximum extent - practicable, include the following: - (I) With respect to procurement - accounts-- - (aa) amounts displayed by - account, budget activity, line - number, line item, and line - item title; and - (bb) a description of the - requirements for each such - amount. - (II) With respect to research, - development, test, and evaluation - accounts-- - (aa) amounts displayed by - account, budget activity, line - number, program element, and - program element title; and - (bb) a description of the - requirements for each such - amount. - (III) With respect to operation and - maintenance accounts-- - (aa) amounts displayed by - account title, budget activity - title, line number, and - subactivity group title; and - (bb) a description of the - specific manner in which each - such amount would be used. - (IV) With respect to military - personnel accounts-- - (aa) amounts displayed by - account, budget activity, - budget subactivity, and budget - subactivity title; and - (bb) a description of the - requirements for each such - amount. - (V) With respect to each project - under military construction accounts - (including unspecified minor military - construction and amounts for planning - and design), the country, location, - project title, and project amount for - each fiscal year. - (VI) With respect to any - expenditure or proposed appropriation - not described in clause (i) through - (iv), a level of detail equivalent or - greater than the level of detail - provided in the future-years defense - program submitted pursuant to section - 221(a) of title 10, United States Code. - (3) Considerations.--In preparing the report required under - paragraph (1), the Secretary shall consider-- - (A) the economic development and stability of - African countries; - (B) the strategic and economic value of the - relationships between the United States and African - countries; - (C) the military, intelligence, diplomatic, - developmental, and humanitarian efforts of China and - Russia on the African continent; and - (D) the ability of the United States, allies, and - partners to combat violent extremist organizations - operating in Africa. - (4) Form.--The report required under paragraph (1) may be - submitted in classified form, but shall include an unclassified - summary. - (b) Interim Briefing Required.--Not later than April 15, 2021, the -Secretary of Defense (acting through the Under Secretary of Defense for -Policy, the Under Secretary of Defense (Comptroller), and the Director -of Cost Assessment and Program Evaluation) and the Chairman of the -Joint Chiefs of Staff shall provide to the congressional defense -committees a joint interim briefing, and any written comments the -Secretary of Defense and the Chairman of the Joint Chiefs of Staff -consider necessary, with respect to their assessments of the report -anticipated to be submitted under subsection (a). - (c) Definitions.--In this section: - (1) Dual-use infrastructure projects.--The term ``dual-use - infrastructure projects'' means projects that may be used for - either military or civilian purposes. - (2) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the congressional defense committees; and - (B) the Committee on Foreign Relations of the - Senate and the Committee on Foreign Affairs of the - House of Representatives. - -SEC. 1269. SENSE OF CONGRESS WITH RESPECT TO QATAR. - - It is the sense of Congress that-- - (1) the United States and the country of Qatar have built a - strong, enduring, and forward-looking strategic partnership - based on long-standing and mutually beneficial cooperation, - including through security, defense, and economic ties; - (2) robust security cooperation between the United States - and Qatar is crucial to promoting peace and stability in the - Middle East region; - (3) Qatar plays a unique role as host of the forward - headquarters for the United States Central Command, and that - partnership facilitates United States coalition operations - countering terrorism; - (4) Qatar is a major security cooperation partner of the - United States, as recognized in the 2018 Strategic Dialogue and - the 2019 Memorandum of Understanding to expand Al Udeid Air - Base to improve and expand accommodation for United States - military personnel; - (5) the United States values Qatar's provision of access to - its military facilities and its management and financial - assistance in expanding the Al Udeid Air Base, which supports - the continued security presence of the United States in the - Middle East region; and - (6) the United States should-- - (A) continue to strengthen the relationship between - the United States and Qatar, including through security - and economic cooperation; and - (B) seek a resolution to the dispute between - partner countries of the Arabian Gulf, which would - promote peace and stability in the Middle East region. - -SEC. 1270. SENSE OF CONGRESS ON UNITED STATES MILITARY SUPPORT FOR AND - PARTICIPATION IN THE MULTINATIONAL FORCE AND OBSERVERS. - - It is the sense of Congress that-- - (1) the mission of the Multinational Force and Observers - (MFO) is to supervise implementation of the security provisions - of the Egypt-Israel Peace Treaty, signed at Washington on March - 26, 1979, and employ best efforts to prevent any violation of - its terms; - (2) the MFO was established by the Protocol to the Egypt- - Israel Peace Treaty, signed on August 3, 1981, and remains a - critical institution for regional peace and stability; and - (3) as a signatory to the Egypt-Israel Peace Treaty and - subsequent Protocol, the United States strongly supports and - encourages continued United States military support for and - participation in the MFO. - -SEC. 1271. REPORT ON US MILITARY SUPPORT OF THE SAUDI-LED COALITION IN - YEMEN. - + Representatives. +SEC. 1296. REPORT ON UNITED STATES MILITARY SUPPORT OF THE SAUDI-LED +COALITION IN YEMEN. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that -includes-- - (1) a description of the military support, training, and - defense articles provided by the Department of Defense to Saudi - Arabia, the Government of the United Arab Emirates, and other - countries participating in the Saudi-led coalition since March - 2015, including-- - (A) an annual description, by fiscal year or - calendar year, of all transfers of logistics support, - supplies, defense articles, and services under sections - 2341 and 2342 of title 10, United States Code, or any - other applicable law; - (B) a description of the total financial value of - such transfers and which countries bore the cost - described in subparagraph (A) of these transfers, - including the status of the reimbursement of costs from - Saudi Arabia, the Government of the United Arab - Emirates and the Saudi-led coalition to the Department - of Defense; and - (C) a description of the types of training provided - by the Department of Defense, including the authorities - under which this training was provided, and whether - such training has included tactics for stopping, - searching and seizing boats, or other activities that - could be used to restrict the importation of commercial - and humanitarian shipments into and out of Yemen; - (2) a description and evaluation of processes used by the - Department of Defense to determine whether the types of - military support described in paragraph (1)(A) have impacted - the restriction of the movement of persons into or out of - Yemen, the restriction of the importation of commercial and - humanitarian shipments into and out of Yemen, or the illicit - profit from such importation by any of the warring parties in - the conflict in Yemen; - (3) a description and evaluation of processes used by the - Department of Defense to determine whether the type of military - support described in paragraph (1)(C) has been use by any of - the warring parties in the conflict in Yemen to restrict the - importation of commercial and humanitarian shipments into and - out of Yemen; and - (4) a description and evaluation of processes used by the - Department of Defense to determine what steps the Department - has taken to reduce restrictions on the movement of persons - into or out of Yemen, and restrictions on the importation of - commercial and humanitarian shipments into and out of Yemen, or - the illicit profit of such importation by any of the warring - parties in the conflict in Yemen. +includes the following: + (1) A description of all military support, training, and + defense articles and services provided by the Department of Defense + to Saudi Arabia, the Government of the United Arab Emirates, and + other countries participating in the Saudi-led coalition since + March 2015, including-- + (A) an annual description, by fiscal year or calendar year, + of all transfers of logistics support, supplies, defense + articles, and services under sections 2341 and 2342 of title + 10, United States Code, or any other applicable law; + (B) a description of the total financial value of such + transfers and which countries bore the cost described in + subparagraph (A) of these transfers, including the status of + any required reimbursement of costs from Saudi Arabia, the + Government of the United Arab Emirates and the Saudi-led + coalition to the Department of Defense; and + (C) a description of the types of training, advice, and + assistance provided by the Department of Defense, including the + authorities under which this training was provided, and an + assessment of the extent to which such training has included-- + (i) tactics, techniques, or procedures that could be + used to restrict the movement of commercial and + humanitarian shipments or the movement of persons into or + out of Yemen; + (ii) tactics, techniques, and procedures to reduce + civilian casualties and damage to civilian infrastructure; + and + (iii) an emphasis on human rights and the laws of armed + conflict. + (2) A description and evaluation of processes used by the + Department of Defense to determine whether the types of military + support described in paragraph (1) have-- + (A) affected the movement of persons into or out of Yemen, + the restriction of the movement of commercial and humanitarian + shipments into and out of Yemen, or the illicit profit from + such importation by any of the warring parties in the conflict + in Yemen; + (B) contributed to or reduced civilian casualties and + damage to civilian infrastructure in Yemen; and + (C) contributed to or reduced violations of the laws of + armed conflict in Yemen, including any credibly alleged + violations of torture, arbitrary detention, and other gross + violations of internationally recognized human rights by + countries that are members of the Saudi-led coalition in Yemen + and the Republic of Yemen Government. + (3) The responsiveness and completeness of any certifications + submitted pursuant to section 1290 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; + 132 Stat. 2081), as of the date of the submission of the report + required by this section. + (4) The responsiveness and completeness of any reports + submitted pursuant to section 1274 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; + 132 Stat. 2067), as of such date of submission. (b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means-- - (1) the Committee on Armed Services, the Committee on - Foreign Affairs, the Permanent Select Committee on - Intelligence, and the Committee on Financial Services of the - House of Representatives; and - (2) the Committee on Armed Services, the Committee on - Foreign Relations, the Select Committee on Intelligence, and - the Committee on Banking, Housing, and Urban Affairs of the - Senate. - -SEC. 1272. PROHIBITION ON SUPPORT FOR MILITARY PARTICIPATION AGAINST - THE HOUTHIS. - - (a) Prohibition Relating to Support.--None of the funds authorized -to be appropriated or otherwise made available by this Act may be made -available to provide United States logistical support to the Saudi-led -coalition's operations against the Houthis in Yemen for coalition -strikes, specifically by providing maintenance or transferring spare -parts to coalition members flying warplanes engaged in anti-Houthi -bombings for coalition strikes. - (b) Prohibition Relating to Military Participation.--None of the -funds authorized to be appropriated or otherwise made available by this -Act may be made available for any civilian or military personnel of the -Department of Defense or contractors of the Department to command, -coordinate, participate in the movement of, or accompany the regular or -irregular military forces of the Saudi and United Arab Emirates-led -coalition forces engaged in hostilities against the Houthis in Yemen or -in situations in which there exists an imminent threat that such -coalition forces become engaged in such hostilities, unless and until -the President has obtained specific statutory authorization, in -accordance with section 8(a) of the War Powers Resolution (50 U.S.C. -1547(a)). - (c) Rule of Construction.--The prohibitions under this section may -not be construed to apply with respect to United States Armed Forces -engaged in operations directed at al-Qaeda or associated forces. - -SEC. 1273. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY FORCE. - - Nothing in this Act or any amendment made by this Act may be -construed to authorize the use of military force. - -SEC. 1274. COUNTERING WHITE IDENTITY TERRORISM GLOBALLY. + (1) the congressional defense committees; + (2) the Committee on Foreign Relations, the Select Committee on + Intelligence, and the Committee on Banking, Housing, and Urban + Affairs of the Senate; and + (3) the Committee on Foreign Affairs, the Permanent Select + Committee on Intelligence, and the Committee on Financial Services + of the House of Representatives. +SEC. 1297. SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED BY KUWAIT TO +UNITED STATES MEDICAL INSTITUTIONS. + (a) Findings.--Congress finds that-- + (1) at least 45 medical institutions in the United States have + provided medical services to citizens of Kuwait; and + (2) despite providing care for their citizens, Kuwait has not + paid amounts owed to such United States medical institutions for + such services in over 2 years. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) Kuwait is an important partner of the United States in the + Middle East and both countries should find ways to address + irritants in the bilateral relationship; + (2) the United States should seek a resolution with Kuwait + regarding the outstanding amounts Kuwait owes to United States + medical institutions for medical services provided to citizens of + Kuwait, especially during the COVID-19 pandemic; and + (3) Kuwait should immediately pay such outstanding amounts owed + to such United States medical institutions. + + Subtitle K--Other Matters + +SEC. 1299A. PROVISION OF GOODS AND SERVICES AT KWAJALEIN ATOLL, +REPUBLIC OF THE MARSHALL ISLANDS. + (a) In General.--Chapter 767 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 7596. Provision of goods and services at Kwajalein Atoll + ``(a) Authority.--(1) Except as provided in paragraph (2), the +Secretary of the Army, with the concurrence of the Secretary of State, +may provide goods and services, including interatoll transportation, to +the Government of the Republic of the Marshall Islands and other +eligible patrons, as determined by the Secretary of the Army, at +Kwajalein Atoll. + ``(2) The Secretary of the Army may not provide goods or services +under this section if doing so would be inconsistent, as determined by +the Secretary of State, with the Compact of Free Association between +the Government of the United States and the Government of the Republic +of the Marshall Islands or any subsidiary agreement or implementing +arrangement. + ``(b) Reimbursement.--(1) The Secretary of the Army may collect +reimbursement from the Government of the Republic of the Marshall +Islands and eligible patrons for the provision of goods or services +under subsection (a). + ``(2) The amount collected for goods or services under this +subsection may not be greater than the total amount of actual costs to +the United States for providing the goods or services. + ``(c) Necessary Expenses.--Amounts appropriated to the Department +of the Army may be used for necessary expenses associated with +providing goods and services under this section. + ``(d) Regulations.--The Secretary of the Army shall issue +regulations to carry out this section.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: - (a) Strategy and Coordination.--Not later than 6 months after the +``7596. Provision of goods and services at Kwajalein Atoll.''. + + (c) Briefing.--Not later than December 31, 2021, the Secretary of +the Army shall provide to the congressional defense committees a +briefing on the use of the authority under section 7596(a) of title 10, +United States Code, as added by subsection (a), in fiscal year 2021, +including a written summary describing the goods and services provided +on a reimbursable basis and the goods and services provided on a +nonreimbursable basis. +SEC. 1299B. REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED COUNTRIES. + Section 2350j of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(f) Report on Contributions Received From Designated Countries.-- + ``(1) In general.--Not later than January 15 each year, the + Secretary of Defense shall submit to the appropriate committees of + Congress a report on the burden sharing contributions received + under this section from designated countries. + ``(2) Elements.--Each report required by paragraph (1) shall + include the following for the preceding fiscal year: + ``(A) A list of all designated countries from which burden + sharing contributions were received. + ``(B) An explanation of the purpose for which each such + burden sharing contribution was provided. + ``(C) A description of any written agreement entered into + with a designated country under this section, including the + date on which the agreement was signed. + ``(D) For each designated country-- + ``(i) the amount provided by the designated country; + and + ``(ii) the amount of any remaining unobligated balance. + ``(E) The amount of such burden sharing contributions + expended, by eligible category, including compensation for + local national employees, military construction projects, and + supplies and services of the Department of Defense. + ``(F) Any other matter the Secretary of Defense considers + relevant. + ``(3) Appropriate committees of congress defined.--In this + subsection, the term `appropriate committees of Congress' means-- + ``(A) the Committee on Armed Services, the Committee on + Foreign Relations, and the Committee on Appropriations of the + Senate; and + ``(B) the Committee on Armed Services, the Committee on + Foreign Affairs, and the Committee on Appropriations of the + House of Representatives.''. +SEC. 1299C. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION OF +NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER +SECURITY THREATS. + Section 1286 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232) is +amended to read as follows: +``SEC. 1286. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY +ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS. + ``(a) Initiative Required.--The Secretary of Defense shall, in +consultation with other appropriate government organizations, establish +an initiative to work with institutions of higher education who perform +defense research and engineering activities-- + ``(1) to support protection of intellectual property, + controlled information, key personnel, and information about + critical technologies relevant to national security; + ``(2) to limit undue influence, including through foreign + talent programs, by countries to exploit United States technology + within the Department of Defense research, science and technology, + and innovation enterprise; and + ``(3) to support efforts toward development of domestic talent + in relevant scientific and engineering fields. + ``(b) Institutions and Organizations.--The initiative required by +subsection (a) shall be developed and executed to the maximum extent +practicable with academic research institutions and other educational +and research organizations. + ``(c) Requirements.--The initiative required by subsection (a) +shall include development of the following: + ``(1) Information exchange forum and information repositories + to enable awareness of security threats and influence operations + being executed against the United States research, technology, and + innovation enterprise. + ``(2) Training developed and delivered in consultation with + institutions of higher education and appropriate Government + agencies, and other support to institutions of higher education, to + promote security and limit undue influence on institutions of + higher education and personnel, including Department of Defense + financial support to carry out such activities, that-- + ``(A) emphasizes best practices for protection of sensitive + national security information; + ``(B) includes the dissemination of unclassified materials + and resources for identifying and protecting against emerging + threats to institutions of higher education, including specific + counterintelligence information and advice developed + specifically for faculty and academic researchers based on + actual identified threats; and + ``(C) includes requirements for appropriate senior + officials of institutions of higher education to receive from + appropriate Government agencies updated and periodic briefings + that describe the espionage risks to academic institutions and + associated personnel posed by technical intelligence gathering + activities of near-peer strategic competitors. + ``(3) The capacity of Government agencies and institutions of + higher education to assess whether individuals affiliated with + Department of Defense programs have participated in or are + currently participating in foreign talent programs or expert + recruitment programs. + ``(4) Opportunities to collaborate with defense researchers and + research organizations in secure facilities to promote protection + of critical information and strengthen defense against foreign + intelligence services. + ``(5) Regulations and procedures-- + ``(A) for Government agencies and academic organizations + and personnel to support the goals of the initiative; and + ``(B) that are consistent with policies that protect open + and scientific exchange in fundamental research. + ``(6) Policies to limit or prohibit funding provided by the + Department of Defense for institutions or individual researchers + who knowingly violate regulations developed under the initiative, + including regulations relating to foreign talent programs. + ``(7) Initiatives to support the transition of the results of + institution of higher education research programs into defense + capabilities. + ``(8)(A) A list of academic institutions of the People's + Republic of China, the Russian Federation, and other countries + that-- + ``(i) have a history of improper technology transfer, + intellectual property theft, or cyber or human espionage; + ``(ii) operate under the direction of the military forces + or intelligence agency of the applicable country; + ``(iii) are known-- + ``(I) to recruit foreign individuals for the purpose of + transferring knowledge to advance military or intelligence + efforts; or + ``(II) to provide misleading information or otherwise + attempt to conceal the connections of an individual or + institution to a defense or an intelligence agency of the + applicable country; or + ``(iv) pose a serious risk of improper technology transfer + of data, technology, or research that is not published or + publicly available. + ``(B) The list described in subparagraph (A) shall be developed + and continuously updated in consultation with the Bureau of + Industry and Security of the Department of Commerce, the Director + of National Intelligence, United States institutions of higher + education that conduct significant Department of Defense research + or engineering activities, and other appropriate individuals and + organizations. + ``(9)(A) A list, developed and continuously updated in + consultation with the National Academies of Science, Engineering, + and Medicine and the appropriate Government agencies, of foreign + talent programs that pose a threat to the national security + interests of the United States, as determined by the Secretary. + ``(B) In developing and updating such list, the Secretary shall + consider-- + ``(i) the extent to which a foreign talent program-- + ``(I) poses a threat to research funded by the + Department of Defense; and + ``(II) engages in, or facilitates, cyber attacks, + theft, espionage, attempts to gain ownership of or + influence over companies, or otherwise interferes in the + affairs of the United States; and + ``(ii) any other factor the Secretary considers + appropriate. + ``(d) Procedures for Enhanced Information Sharing.-- + ``(1) Collection of information.-- + ``(A) Defense research and development activities.--Not + later than October 1, 2020, for the purpose of maintaining + appropriate security controls over research activities, + technical information, and intellectual property, the + Secretary, in conjunction with appropriate public and private + entities, shall establish streamlined procedures to collect + appropriate information relating to individuals, including + United States citizens and foreign nationals, who participate + in defense research and development activities. + ``(B) Fundamental research programs.--With respect to + fundamental research programs, the academic liaison designated + under subsection (g) shall establish policies and procedures to + collect, consistent with the best practices of Government + agencies that fund academic research, appropriate information + relating to individuals who participate in fundamental research + programs. + ``(2) Protection from release.--The procedures required by + paragraph (1) shall include procedures to protect such information + from release, consistent with applicable regulations. + ``(3) Reporting to government information systems and + repositories.--The procedures required by paragraph (1) may include + procedures developed, in coordination with appropriate public and + private entities, to report such information to existing Government + information systems and repositories. + ``(e) Annual Report.-- + ``(1) In general.--Not later than April 30, 2020, and annually + thereafter, the Secretary, acting through appropriate Government + officials (including the Under Secretary for Research and + Engineering), shall submit to the congressional defense committees + a report on the activities carried out under the initiative + required by subsection (a). + ``(2) Contents.--The report required by paragraph (1) shall + include the following: + ``(A) A description of the activities conducted and the + progress made under the initiative. + ``(B) The findings of the Secretary with respect to the + initiative. + ``(C) Such recommendations as the Secretary may have for + legislative or administrative action relating to the matters + described in subsection (a), including actions related to + foreign talent programs. + ``(D) Identification and discussion of the gaps in legal + authorities that need to be improved to enhance the security of + research institutions of higher education performing defense + research. + ``(E) A description of the actions taken by such + institutions to comply with such best practices and guidelines + as may be established by under the initiative. + ``(F) Identification of any incident relating to undue + influence to security threats to academic research activities + funded by the Department of Defense, including theft of + property or intellectual property relating to a project funded + by the Department at an institution of higher education. + ``(3) Form.--The report submitted under paragraph (1) shall be + submitted in both unclassified and classified formats, as + appropriate. + ``(f) Publication of Updated Lists.-- + ``(1) Submittal to congress.--Not later than January 1, 2021, + and annually thereafter, the Secretary shall submit to the + congressional defense committees the most recently updated lists + described in paragraphs (8) and (9) of subsection (c). + ``(2) Form.--Each list submitted under paragraph (1) shall be + submitted in unclassified form but may include a classified annex. + ``(3) Public availability.--Each list submitted under paragraph + (1) shall be published on a publicly accessible internet website of + the Department of Defense in a searchable format. + ``(4) Intervening submittal and publication.--The Secretary may + submit and publish an updated list described in paragraph (1) more + frequently than required by that paragraph, as the Secretary + considers necessary. + ``(g) Designation of Academic Liaison.-- + ``(1) In general.--Not later than 180 days after the date of + the enactment of the William M. (Mac) Thornberry National Defense + Authorization Act for Fiscal Year 2021, the Secretary, acting + through the Under Secretary of Defense for Research and + Engineering, shall designate an academic liaison with principal + responsibility for working with the academic and research + communities to protect Department-sponsored academic research of + concern from undue foreign influence and threats. + ``(2) Qualification.--The Secretary shall designate an + individual under paragraph (1) who is an official of the Office of + the Under Secretary of Defense for Research and Engineering. + ``(3) Duties.--The duties of the academic liaison designated + under paragraph (1) shall be as follows: + ``(A) To serve as the liaison of the Department with the + academic and research communities. + ``(B) To execute initiatives of the Department related to + the protection of Department-sponsored academic research of + concern from undue foreign influence and threats, including the + initiative required by subsection (a). + ``(C) To conduct outreach and education activities for the + academic and research communities on undue foreign influence + and threats to Department-sponsored academic research of + concern. + ``(D) To coordinate and align academic security policies + with Department component agencies, the Office of Science and + Technology Policy, the intelligence community, and appropriate + Federal agencies. + ``(E) To the extent practicable, to coordinate with the + intelligence community to share, not less frequently than + annually, with the academic and research communities + unclassified information, including counterintelligence + information, on threats from undue foreign influence. + ``(F) Any other related responsibility, as determined by + the Secretary in consultation with the Under Secretary of + Defense for Research and Engineering. + ``(h) Institution of Higher Education Defined.--The term +`institution of higher education' has the meaning given such term in +section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''. +SEC. 1299D. EXTENSION OF AUTHORIZATION OF NON-CONVENTIONAL ASSISTED +RECOVERY CAPABILITIES. + Subsection (g) of section 943 of the Duncan Hunter National Defense +Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. +4578) is amended by striking ``2021'' and inserting ``2023''. +SEC. 1299E. ANNUAL BRIEFINGS ON CERTAIN FOREIGN MILITARY BASES OF +ADVERSARIES. + (a) Requirement.--Not later than February 15 of each year, the +Chairman of the Joint Chiefs of Staff and the Secretary of Defense, +acting through the Under Secretary of Defense for Intelligence and +Security, shall provide to the congressional defense committees, the +Committee on Foreign Affairs of the House of Representatives, and the +Committee on Foreign Relations of the Senate a briefing on-- + (1) covered foreign military bases and the related capabilities + of that foreign military; and + (2) the effects of such bases and capabilities on-- + (A) the military installations of the United States located + outside the United States; and + (B) current and future deployments and operations of the + armed forces of the United States. + (b) Elements.--Each briefing under subsection (a) shall include the +following: + (1) An assessment of covered foreign military bases, including + such bases established by China, Russia, and Iran, and any updates + to such assessment provided in a previous briefing under such + subsection. + (2) Information regarding known plans for any future covered + foreign military base. + (3) An assessment of the capabilities, including those + pertaining to anti-access and area denial, provided by covered + foreign military bases to that foreign military, including an + assessment of how such capabilities could be used against the armed + forces of the United States in the country and the geographic + combatant command in which such base is located. + (4) A description of known ongoing activities and capabilities + at covered foreign military bases, and how such activities and + capabilities advance the foreign policy and national security + priorities of the relevant foreign countries. + (5) The extent to which covered foreign military bases could be + used to counter the defense priorities of the United States. + (c) Form.--Each briefing under subsection (a) shall be provided in +classified form. + (d) Covered Foreign Military Base Defined.--In this section, the +term ``covered foreign military base'' means, with respect to a foreign +country that is an adversary of the United States, a military base of +that country located in a different country. + (e) Sunset.--The requirement to provide briefings under subsection +(a) shall terminate after the briefing required to be provided by not +later than February 15, 2025. +SEC. 1299F. COUNTERING WHITE IDENTITY TERRORISM GLOBALLY. + (a) Strategy and Coordination.--Not later than six months after the date of the enactment of this Act, the Secretary of State shall-- - (1) develop and submit to the Committee on Foreign Affairs - of the House of Representatives and the Committee on Foreign - Relations of the Senate a Department of State-wide strategy - entitled the ``Department of State Strategy for Countering - White Identity Terrorism Globally'' (in this section referred - to as the ``strategy''); and - (2) designate the Coordinator for Counterterrorism of the - Department to coordinate Department efforts to counter white - identity terrorism globally, including with United States - diplomatic and consular posts, the Director of the National - Counterterrorism Center, the Director of the Central - Intelligence Agency, the Attorney General, the Director of - National Intelligence, the Secretary of Homeland Security, the - Director of the Federal Bureau of Investigation, the Secretary - of the Treasury, and the heads of any other relevant Federal - departments or agencies. + (1) develop and submit to the Committee on Foreign Affairs of + the House of Representatives and the Committee on Foreign Relations + of the Senate a Department of State-wide strategy entitled the + ``Department of State Strategy for Countering White Identity + Terrorism Globally'' (in this section referred to as the + ``strategy''); and + (2) designate the Coordinator for Counterterrorism of the + Department to coordinate Department efforts to counter white + identity terrorism globally, including with United States + diplomatic and consular posts, the Director of the National + Counterterrorism Center, the Director of the Central Intelligence + Agency, the Attorney General, the Director of National + Intelligence, the Secretary of Homeland Security, the Director of + the Federal Bureau of Investigation, the Secretary of the Treasury, + and the heads of any other relevant Federal departments or + agencies. (b) Elements.--The strategy shall at a minimum contain the following: - (1) An assessment of the global threat from white identity - terrorism abroad, including geographic or country - prioritization based on the assessed threat to the United - States. - (2) A description of the coordination mechanisms between - relevant bureaus and offices within the Department of State, as - well as with United States diplomatic and consular posts, for - developing and implementing efforts to counter white identity - terrorism. - (3) A description of how the Department plans to build on - any existing strategy developed by the Bureau for - Counterterrorism to-- - (A) adapt or expand existing Department programs, - projects, activities, or policy instruments based on - existing authorities for the specific purpose of - degrading and delegitimizing the white identity - terrorist movement globally; and - (B) identify the need for any new Department - programs, projects, activities, or policy instruments - for the specific purpose of degrading and - delegitimizing the white identity terrorist movement - globally, including a description of the steps and - resources necessary to establish any such programs, - projects, activities, or policy instruments, noting - whether such steps would require new authorities. - (4) Detailed plans for using public diplomacy, including - the efforts of the Secretary of State and other senior - Executive Branch officials, including the President, to degrade - and delegitimize white identity terrorist ideologues and - ideology globally, including by-- - (A) countering white identity terrorist messaging - and supporting efforts to redirect potential supporters - away from white identity terrorist content online; - (B) exposing foreign government support for white - identity terrorist ideologies, objectives, ideologues, - networks, organizations, and internet platforms; - (C) engaging with foreign governments and internet - service providers and other relevant technology - entities, to prevent or limit white identity terrorists - from exploiting internet platforms in furtherance of or - in preparation for acts of terrorism or other targeted - violence, as well as the recruitment, radicalization, - and indoctrination of new adherents to white identity - terrorism; and - (D) identifying the roles and responsibilities for - the Office of the Under Secretary for Public Affairs - and Public Diplomacy and the Global Engagement Center - in developing and implementing such plans. - (5) An outline of steps the Department is taking or will - take in coordination, as appropriate, with the Director of the - National Counterterrorism Center, the Director of the Central - Intelligence Agency, the Attorney General, the Director of - National Intelligence, the Secretary of Homeland Security, the - Director of the Federal Bureau of Investigation, the Secretary - of the Treasury, and the heads of any other relevant Federal - departments or agencies to improve information and intelligence - sharing with other countries on white identity terrorism based - on existing authorities by-- - (A) describing plans for adapting or expanding - existing mechanisms for sharing information, - intelligence, or counterterrorism best practices, - including facilitating the sharing of information, - intelligence, or counterterrorism best practices - gathered by Federal, State, and local law enforcement; - and - (B) proposing new mechanisms or forums that might - enable expanded sharing of information, intelligence, - or counterterrorism best practices. - (6) An outline of how the Department plans to use - designation as a Specially Designated Global Terrorist (under - Executive Order No. 13224 (50 U.S.C. 1701 note)) and foreign - terrorist organization (pursuant to section 219 of the - Immigration and Nationality Act (8 U.S.C. 1189)) to support the - strategy, including-- - (A) an assessment and explanation of the utility of - applying or not applying such designations when - individuals or entities satisfy the criteria for such - designations; and - (B) a description of possible remedies if such - criteria are insufficient to enable designation of any - individuals or entities the Secretary of State - considers a potential terrorist threat to the United - States. - (7) A description of the Department's plans, in - consultation with the Department of the Treasury, to work with - foreign governments, financial institutions, and other related - entities to counter the financing of white identity terrorists - within the parameters of current law, or if no such plans - exist, a description of why. - (8) A description of how the Department plans to implement - the strategy in conjunction with ongoing efforts to counter the - Islamic State, al-Qaeda, and other terrorist threats to the - United States. - (9) A description of how the Department will integrate into - the strategy lessons learned in the ongoing efforts to counter - the Islamic State, al-Qaeda, and other terrorist threats to the - United States. - (10) A identification of any additional resources or staff - needed to implement the strategy. + (1) An assessment of the global threat from white identity + terrorism abroad, including geographic or country prioritization + based on the assessed threat to the United States. + (2) A description of the coordination mechanisms between + relevant bureaus and offices within the Department of State, as + well as with United States diplomatic and consular posts, for + developing and implementing efforts to counter white identity + terrorism. + (3) A description of how the Department plans to build on any + existing strategy developed by the Bureau for Counterterrorism to-- + (A) adapt or expand existing Department programs, projects, + activities, or policy instruments based on existing authorities + for the specific purpose of degrading and delegitimizing the + white identity terrorist movement globally; and + (B) identify the need for any new Department programs, + projects, activities, or policy instruments for the specific + purpose of degrading and delegitimizing the white identity + terrorist movement globally, including a description of the + steps and resources necessary to establish any such programs, + projects, activities, or policy instruments, noting whether + such steps would require new authorities. + (4) Detailed plans for using public diplomacy, including the + efforts of the Secretary of State and other senior Executive Branch + officials, including the President, to degrade and delegitimize + white identity terrorist ideologues and ideology globally, + including by-- + (A) countering white identity terrorist messaging and + supporting efforts to redirect potential supporters away from + white identity terrorist content online; + (B) exposing foreign government support for white identity + terrorist ideologies, objectives, ideologues, networks, + organizations, and internet platforms; + (C) engaging with foreign governments and internet service + providers and other relevant technology entities, to prevent or + limit white identity terrorists from exploiting internet + platforms in furtherance of or in preparation for acts of + terrorism or other targeted violence, as well as the + recruitment, radicalization, and indoctrination of new + adherents to white identity terrorism; and + (D) identifying the roles and responsibilities for the + Office of the Under Secretary for Public Affairs and Public + Diplomacy and the Global Engagement Center in developing and + implementing such plans. + (5) An outline of steps the Department is taking or will take + in coordination, as appropriate, with the Director of the National + Counterterrorism Center, the Director of the Central Intelligence + Agency, the Attorney General, the Director of National + Intelligence, the Secretary of Homeland Security, the Director of + the Federal Bureau of Investigation, the Secretary of the Treasury, + and the heads of any other relevant Federal departments or agencies + to improve information and intelligence sharing with other + countries on white identity terrorism based on existing authorities + by-- + (A) describing plans for adapting or expanding existing + mechanisms for sharing information, intelligence, or + counterterrorism best practices, including facilitating the + sharing of information, intelligence, or counterterrorism best + practices gathered by Federal, State, and local law + enforcement; and + (B) proposing new mechanisms or forums that might enable + expanded sharing of information, intelligence, or + counterterrorism best practices. + (6) An outline of how the Department plans to use designation + as a Specially Designated Global Terrorist (under Executive Order + No. 13224 (50 U.S.C. 1701 note)) and foreign terrorist organization + (pursuant to section 219 of the Immigration and Nationality Act (8 + U.S.C. 1189)) to support the strategy, including-- + (A) an assessment and explanation of the utility of + applying or not applying such designations when individuals or + entities satisfy the criteria for such designations; and + (B) a description of possible remedies if such criteria are + insufficient to enable designation of any individuals or + entities the Secretary of State considers a potential terrorist + threat to the United States. + (7) A description of the Department's plans, in consultation + with the Department of the Treasury, to work with foreign + governments, financial institutions, and other related entities to + counter the financing of white identity terrorists within the + parameters of current law, or if no such plans exist, a description + of why. + (8) A description of how the Department plans to implement the + strategy in conjunction with ongoing efforts to counter the Islamic + State, al-Qaeda, and other terrorist threats to the United States. + (9) A description of how the Department will integrate into the + strategy lessons learned in the ongoing efforts to counter the + Islamic State, al-Qaeda, and other terrorist threats to the United + States. + (10) A identification of any additional resources or staff + needed to implement the strategy. (c) Interagency Coordination.--The Secretary of State shall develop the strategy in coordination with the Director of the National Counterterrorism Center and in consultation with the Director of the @@ -29345,9 +34128,9 @@ implementing programs to counter white identity terrorism. (e) Form.--The strategy shall be submitted in unclassified form that can be made available to the public, but may include a classified annex if the Secretary of State determines such is appropriate. - (f) Implementation.--Not later than 3 months after the submission -of the strategy, the Secretary of State shall begin implementing the -strategy. + (f) Implementation.--Not later than three months after the +submission of the strategy, the Secretary of State shall begin +implementing the strategy. (g) Consultation.--Not later than 90 days after the date of the enactment of this Act and not less often than annually thereafter, the Secretary of State shall consult with the Committee on Foreign Affairs @@ -29363,1922 +34146,513 @@ ideologues, in the annual country reports on terrorism submitted pursuant to section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f). (i) Report on Sanctions.-- - (1) In general.--Not later than 120 days and again 240 days - after the submission of each annual country report on terrorism - submitted pursuant to section 140 of the Foreign Relations - Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. - 2656f), as modified in accordance with subsection (h), the - President shall submit to the Committee on Foreign Affairs of - the House of Representatives and the Committee on Foreign - Relations of the Senate a report that determines whether the - foreign persons, organizations, and networks identified in such - annual country reports on terrorism as so modified, satisfy the - criteria to be designated as-- - (A) foreign terrorist organizations under section - 219 of the Immigration and Nationality Act (8 U.S.C. - 1189); or - (B) Specially Designated Global Terrorist under - Executive Order No. 13224 (50 U.S.C. 1701 note). - (2) Form.--Each determination required under subsection (a) - shall be submitted in unclassified form, but may include a - classified annex, if appropriate. - (j) Requirement for Independent Study To Map the Global White + (1) In general.--Not later than 120 days and again 240 days + after the submission of each annual country report on terrorism + submitted pursuant to section 140 of the Foreign Relations + Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as + modified in accordance with subsection (h), the President shall + submit to the Committee on Foreign Affairs of the House of + Representatives and the Committee on Foreign Relations of the + Senate a report that determines whether the foreign persons, + organizations, and networks identified in such annual country + reports on terrorism as so modified, satisfy the criteria to be + designated as-- + (A) foreign terrorist organizations under section 219 of + the Immigration and Nationality Act (8 U.S.C. 1189); or + (B) Specially Designated Global Terrorist under Executive + Order No. 13224 (50 U.S.C. 1701 note). + (2) Form.--Each determination required under paragraph (1) + shall be submitted in unclassified form, but may include a + classified annex, if appropriate. + (j) Requirement for Independent Study to Map the Global White Identity Terrorism Movement.-- - (1) In general.--Not later than 60 days after the date of - the enactment of this Act, the Secretary of State shall enter - into a contract with a federally funded research and - development center with appropriate expertise and analytical - capability to carry out the study described in paragraph (2). - (2) Study.--The study described in this subsection shall - provide for a comprehensive social network analysis of the - global white identity terrorism movement to-- - (A) identify key actors, organizations, and - supporting infrastructure; and - (B) map the relationships and interactions between - such actors, organizations, and supporting - infrastructure. - (3) Report.-- - (A) To the secretary.--Not later than 1 year after - the date on which the Secretary of State enters into a - contract pursuant to subsection (a), the federally - funded research and development center referred to in - such subsection that has entered into such contract - with the Secretary shall submit to the Secretary a - report containing the results of the study required - under this section. - (B) To congress.--Not later than 30 days after - receipt of the report under subparagraph (A), the - Secretary of State shall submit to the Committee of - Foreign Affairs of the House of Representatives and the - Committee on Foreign Relations of the Senate such - report, together with any additional views or - recommendations of the Secretary. - -SEC. 1275. YEMEN. - - (a) Statement of Policy.--It is the policy of the United States-- - (1) to protect United States citizens and strategic - interests in the Middle East region; - (2) to support United Nations-led efforts to end violence - in Yemen and secure a comprehensive political settlement to the - conflict in Yemen that results in protection of civilians and - civilian infrastructure and alleviates the humanitarian crisis - including by facilitating unfettered access for all Yemenis to - food, fuel, and medicine; - (3) to encourage all parties to the conflict in Yemen to - participate in good faith in the United Nations-led process and - to uphold interim agreements as part of that process to end the - conflict, leading to reconstruction in Yemen; - (4) to support United States allies and partners in - defending their borders and territories in order to maintain - stability and security in the Middle East region and encourage - burden sharing among such allies and partners; - (5) to assist United States allies and partners in - countering destabilization of the Middle East region; - (6) to oppose Iranian arms transfers in violation of UN - Security Council resolutions, including transfers to the - Houthis; - (7) to encourage the Government of Saudi Arabia and the - Government of the United Arab Emirates to assist significantly - in the economic stabilization and eventual reconstruction of - Yemen; and - (8) to encourage all parties to the conflict to comply with - the law of armed conflict, including to investigate credible - allegations of war crimes and provide redress to civilian - victims. - (b) Report on Conflict in Yemen.-- - (1) In general.--Not later than 120 days after the date of - the enactment of this Act , the Secretary of State, in - consultation with the Secretary of Defense and the Director of - National Intelligence, shall submit to the appropriate - congressional committees a report on United States policy in - Yemen. - (2) Matters to be included.--The report required under - subsection (b) shall include the following: - (A) A detailed description of diplomatic actions - taken by the United States Government to help ease - human suffering in Yemen, including-- - (i) United States direct humanitarian - assistance and United States donations to - multilateral humanitarian assistance efforts, - including to address the COVID-19 pandemic; - (ii) efforts to ensure that humanitarian - assistance is delivered in line with - internationally recognized humanitarian - principles, and the results of such efforts; - (iii) efforts to facilitate humanitarian - and commercial cargo shipments into Yemen and - minimize delays associated with such shipments, - including access to ports for humanitarian and - commercial cargo, and the results of such - efforts; - (iv) efforts to work with parties to the - conflict in Yemen to ensure protection of - civilians and civilian infrastructure, and the - results of such efforts; - (v) efforts to help the Government of Yemen - to create a mechanism to ensure that salaries - and pensions are paid to civil servants as - appropriate, and the results of such efforts; - and - (vi) efforts to work with ROYG and - countries that are members of the Saudi-led - coalition in Yemen to address the currency - crisis in Yemen and the solvency of the Central - Bank of Yemen, and the results of such efforts. - (B) An assessment of plans, commitments, and - pledges for reconstruction of Yemen made by countries - that are members of the Saudi-led coalition in Yemen, - including an assessment of proposed coordination with - the Government of Yemen and international - organizations. - (C) A description of civilian harm occurring in the - context of the conflict in Yemen since Nov 2017, - including-- - (i) mass casualty incidents; and - (ii) damage to, and destruction of, - civilian infrastructure and services. - (D) An estimated total number of civilian - casualties in the context of the conflict in Yemen - since September 2014, disaggregated by year. - (E) A detailed description of actions taken by the - United States Government to support the efforts of the - United Nations Special Envoy for Yemen to reach a - lasting political solution in Yemen. - (F) A detailed assessment of whether and to what - extent members of the Saudi-led coalition in Yemen have - used United States-origin defense articles and defense - services in Yemen in contravention of the laws of armed - conflict when engaging in any military operations - against the Houthis in Yemen. - (G) A description of external and cross border - attacks perpetrated by the Houthis. - (H) A detailed assessment of the Government of - Yemen's willingness and capacity to effectively-- - (i) provide public services to the people - of Yemen; - (ii) service the external debts of Yemen; - and - (iii) facilitate or ensure access to - humanitarian assistance and key commodities in - Yemen. - (I) A description of support for the Houthis by - Iran and Iran-backed groups, including provision of - weapons and training. - (J) A description of recruitment and use of child - soldiers by parties to the conflict in Yemen. - (3) Form.--The report required under paragraph (1) shall be - submitted in unclassified form (without the classification - ``For Official Use Only'') but may contain a classified annex. - (4) Appropriate congressional committees defined.--In this - subsection, the term ``appropriate congressional committees'' - means-- - (A) the Committee on Foreign Affairs and the - Committee on Armed Services of the House of - Representatives; - (B) the Committee on Foreign Relations and the - Committee on Armed Services of the Senate; - (C) the Permanent Select Committee on Intelligence - of the House of Representatives; and - (D) the Select Committee on Intelligence of the - Senate. - (c) Report on United States Military Support.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Comptroller General of the - United States shall submit to the appropriate congressional - committees a report on United States military support to - countries that are members of the Saudi-led coalition in Yemen - since March 2015 that evaluates-- - (A) the manner and extent to which the United - States military has provided and continues to provide - support to such countries in Yemen; - (B) the extent to which the Department of Defense - has determined that its advice or assistance has-- - (i) minimized violations of the laws of - armed conflict in Yemen, including any credible - allegations of torture, arbitrary detention, - and other gross violations of internationally - recognized human rights by ROYG and countries - that are members of the Saudi-led coalition in - Yemen; and - (ii) reduced civilian casualties and damage - to civilian infrastructure; - (C) the responsiveness and completeness of any - certifications submitted pursuant to section 1290 of - the John S. McCain National Defense Authorization Act - for Fiscal Year 2019 (Public Law 115-232; 132 Stat. - 2081); and - (D) the responsiveness and completeness of any - reports submitted pursuant to section 1274 of the John - S. McCain National Defense Authorization Act for Fiscal - Year 2019 (Public Law 115-232; 132 Stat. 2067). - (2) Form.--The report required under paragraph (1) shall be - submitted in unclassified form (without the classification - ``For Official Use Only''), but may contain a classified annex. - (3) Appropriate congressional committees defined.--In this - subsection, the term ``appropriate congressional committees'' - means-- - (A) the Committee on Foreign Affairs and the - Committee on Armed Services of the House of - Representatives; and - (B) the Committee on Foreign Relations and the - Committee on Armed Services of the Senate. - -SEC. 1276. ESTABLISHMENT OF THE OFFICE OF SUBNATIONAL DIPLOMACY. - - Section 1 of the State Department Basic Authorities Act of 1956 (22 -U.S.C. 2651a) is amended by adding at the end the following new -subsection: - ``(h) Office of Subnational Diplomacy.-- - ``(1) In general.--There shall be established within the - Department of State an Office of Subnational Diplomacy (in this - subsection referred to as the `Office'). - ``(2) Head of office.--The head of the Office shall be a - full-time position filled by a senior Department official. The - head of the Office shall report directly to the Under Secretary - for Political Affairs. - ``(3) Duties.-- - ``(A) Principal duty.--The principal duty of the - head of the Office shall be the overall supervision - (including policy oversight of resources) of Federal - support for subnational engagements by State and - municipal governments with foreign governments. The - head of the Office shall be the principal adviser to - the Secretary of State on subnational engagements and - the principal official on such matters within the - senior management of the Department of State. - ``(B) Additional duties.--The additional duties of - the head of the Office shall include the following: - ``(i) Coordinating overall United States - policy and programs in support of subnational - engagements by State and municipal governments - with foreign governments, including with - respect to the following: - ``(I) Coordinating resources across - the Department of State and throughout - the Federal Government in support of - such engagements. - ``(II) Identifying policy, program, - and funding disputes among relevant - Federal agencies regarding such - coordination. - ``(III) Identifying gaps in Federal - support for such engagements and - developing corresponding policy or - programmatic changes to address such - gaps. - ``(ii) Promoting United States foreign - policy goals through support for subnational - engagements and aligning subnational priorities - with national foreign policy goals, as - appropriate. - ``(iii) Maintaining a public database of - subnational engagements. - ``(iv) Providing advisory support to - subnational engagements, including by assisting - State and municipal governments to-- - ``(I) develop, implement, and, as - necessary, adjust global engagement and - public diplomacy strategies; and - ``(II) implement programs to - cooperate with foreign governments on - policy priorities or managing shared - resources. - ``(v) Facilitating linkages and networks - between State and municipal governments and - their foreign counterparts. - ``(vi) Overseeing the work of Department of - State detailees assigned to State and municipal - governments pursuant to this subsection. - ``(vii) Negotiating agreements and - memoranda of understanding with foreign - governments to support subnational engagements - and priorities. - ``(viii) Promoting United States trade and - foreign exports on behalf of United States - businesses through exchanges between the United - States and foreign state, municipal, and - provincial governments, and by establishing a - more enduring relationship overall between - subnational governments. - ``(ix) Coordinating subnational engagements - with the associations of subnational elected - leaders, including the U.S. Conference of - Mayors, National Governors Association, - National League of Cities, National Association - of Counties, Council of State Governments, - National Conference of State Legislators, and - State International Development Offices. - ``(4) Detailees.-- - ``(A) In general.--The Secretary of State, acting - through the head of the Office, is authorized to detail - a member of the civil service or Foreign Service to - State and municipal governments on a reimbursable or - nonreimbursable basis. Such details shall be for a - period not to exceed 2 years, and shall be without - interruption or loss of Foreign Service status or - privilege. - ``(B) Responsibilities.--Detailees under - subparagraph (A) shall carry out the following: - ``(i) Supporting the mission and objectives - of the Office. - ``(ii) Coordinating activities relating to - State and municipal government subnational - engagements with the Department of State, - including the Office, Department leadership, - and regional and functional bureaus of the - Department, as appropriate. - ``(iii) Engaging the Department of State - and other Federal agencies regarding security, - public health, trade promotion, and other - programs executed at the State or municipal - government level. - ``(iv) Advising State and municipal - government officials regarding questions of - global affairs, foreign policy, cooperative - agreements, and public diplomacy. - ``(v) Any other duties requested by State - and municipal governments and approved by the - Office. - ``(5) Report and briefing.-- - ``(A) Report.--Not later than 1 year after the date - of the enactment of this subsection, the head of the - Office shall submit to the Committee on Foreign Affairs - of the House of Representatives and the Committee on - Foreign Relations of the Senate a report that includes - information relating to the following: - ``(i) The staffing plan (including - permanent and temporary staff) for the Office. - ``(ii) The funding level provided to the - Office for the Office, together with a - justification relating to such level. - ``(iii) The status of filling the position - of head of the Office. - ``(iv) The rank and title granted to the - head of the Office, together with a - justification relating to such decision and an - analysis of whether the rank and title of - Ambassador-at-Large is required to fulfill the - duties of the Office. - ``(v) A strategic plan for the Office. - ``(vi) Any other matters as determined - relevant by the head of the Office. - ``(B) Briefings.--Not later than 30 days after the - submission of the report required under subparagraph - (A) and annually thereafter, the head of the Office - shall brief the Committee on Foreign Affairs of the - House of Representatives and the Committee on Foreign - Relations of the Senate on the work of the Office and - any changes made to the organizational structure or - funding of the Office. - ``(6) Rule of construction.--Nothing in this subsection may - be construed as precluding-- - ``(A) the Office from being elevated to a bureau - within the Department of State; or - ``(B) the head of the Office from being elevated to - an Assistant Secretary, if such an Assistant Secretary - position does not increase the number of Assistant - Secretary positions at the Department above the number - authorized under subsection (c)(1). - ``(7) Definitions.--In this subsection: - ``(A) Municipal.--The term `municipal' means, with - respect to the government of a municipality in the - United States, a municipality with a population of not - fewer than 100,000 people. - ``(B) State.--The term `State' means the 50 States, - the District of Columbia, and any territory or - possession of the United States. - ``(C) Subnational engagement.--The term - `subnational engagement' means formal meetings or - events between elected officials of State or municipal - governments and their foreign counterparts.''. - -SEC. 1277. REPORT AND STRATEGY TO ADDRESS GROSS VIOLATIONS OF HUMAN - RIGHTS AND CIVILIAN HARM IN BURKINA FASO, MALI, AND - NIGER. - - (a) Report Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, and annually thereafter for 3 years, - the Secretary of Defense and the Secretary of State shall - jointly submit to the appropriate congressional committees a - report on gross violations of human rights and civilian harm in - Burkina Faso, Mali, and Niger, as well as civilian harm that - may occur during United States-supported advise, assist, and - accompany operations in the Sahel region. - (2) Matters to be included.--The report required by this - subsection shall include the following: - (A) An identification of all state security force - units of Burkina Faso, Mali, and Niger that - participated in United States security cooperation - programs or benefitted from security assistance since - fiscal year 2017, whether any of these units were - subsequently credibly implicated in gross violations of - human rights, including extrajudicial killings and - torture, and the approximate locations, to the extent - possible, of where such violations have taken place. - (B) A description of gross violations of human - rights and civilian harm committed by violent extremist - organizations and other armed groups operating in - Burkina Faso, Mali, and Niger, including deaths of - state security forces and destruction of civilian - infrastructure, including schools, medical facilities, - and churches. - (C) An assessment of the relationship between state - security forces and any non-state armed groups active - in Burkina Faso, Mali, and Niger, including an analysis - of the extent to which any armed group that has been - credibly implicated in gross violations of human rights - or civilian casualties received material support from - the governments or militaries of such countries. - (D) An assessment of efforts by the Governments of - Burkina Faso, Mali, and Niger to prevent and decrease - instances of gross violations of human rights or - civilian casualties by state security forces during - counterterrorism operations and ensure accountability - for violations that have occurred since fiscal year - 2017 through appropriate justice systems, including - efforts to investigate, prosecute, and sentence such - violations. - (E) An assessment of the impact that any gross - violations of human rights and other civilian - casualties perpetrated by state security forces and - non-state armed groups in Burkina Faso, Mali, and Niger - have had on the effectiveness of regional and - international counterterrorism operations. - (F) An assessment of the effectiveness of any - United States human rights training provided to the - security forces of Burkina Faso, Mali, and Niger to - date. - (G) A description of any confirmed incidents or - reports of civilian harm that may have occurred during - United States military advise, assist, or accompany - operations. - (H) Any other matters that the Secretary of Defense - and the Secretary of State consider to be relevant. - (b) Strategy Required.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Secretary of Defense and the - Secretary of State shall jointly submit to the appropriate - congressional committees a United States strategy to prevent - civilian harm and address gross violations of human rights by - state security forces of Burkina Faso, Mali, and Niger, and - ensure accountability for such violations. - (2) Matters to be included.--The strategy required by this - subsection shall include the following: - (A) A description of planned public and private - diplomatic engagement to support efforts by the - Governments of Burkina Faso, Mali, and Niger to - investigate and prosecute any credible allegations of - gross violations of human rights by state security - forces and non-state armed groups. - (B) An identification of United States foreign - assistance and security cooperation funds and other - available United States policy tools to support - programs aimed at addressing gross violations of human - rights and civilian harm, and an assessment of how they - can be strengthened to greater effect. - (C) An identification of United States foreign - assistance and security cooperation funds available to - support the state security forces of Burkina Faso, - Mali, and Niger to combat violent extremist - organizations, improve civil-military relations, and - strengthen accountability through their military - justice systems, including support for building the - capacity of provost marshals. - (D) An identification of state security forces of - Burkina Faso, Mali, and Niger that would most benefit - from United States foreign assistance and security - cooperation funds identified in subparagraph (C) and - that are eligible to receive such funds. - (E) A description of plans to coordinate United - States efforts with France, the European Union, the - United Nations Stabilization Mission in Mali (MINUSMA), - the African Union, and the G5 Sahel Joint Force to - decrease gross violations of human rights and minimize - civilian harm during all counterterrorism operations in - the Sahel. - (F) Any other matters that the Secretary of Defense - and the Secretary of State consider to be relevant. - (c) Form.--The report required by subsection (a) and the strategy -required by subsection (b) shall be submitted in unclassified form, but -may include a classified annex. - (d) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Armed Services and the - Committee on Foreign Affairs of the House of - Representatives; and - (B) the Committee on Armed Services and the - Committee on Foreign Relations of the Senate. - (2) Civilian harm.--In this section, the term ``civilian - harm'' means conflict-related death, physical injury, loss of - property or livelihood, or interruption of access to essential - services. - -SEC. 1278. ASSESSMENT OF EFFECTIVENESS OF UNITED STATES POLICIES - RELATING TO EXPORTS OF UNITED STATES-ORIGIN UNMANNED - AERIAL SYSTEMS THAT ARE ASSESSED TO BE ``CATEGORY I'' - ITEMS UNDER THE MISSILE TECHNOLOGY CONTROL REGIME. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, and annually thereafter through December 31, -2025, the Secretary of State, in consultation with the Secretary of -Defense, shall conduct and submit to the appropriate congressional -committees an assessment of the effectiveness of United States policies -to-- - (1) export United States-origin Unmanned Aerial Systems - (UAS) that are assessed to be ``Category I'' items under the - Missile Technology Control Regime (MTCR) (in this section - referred to as ``covered items''); and - (2) support United States allies and partners' security, - counter-terrorism capabilities, persistent intelligence, - surveillance, and reconnaissance (ISR) capabilities, and - persistent maritime domain awareness and strengthen bilateral - relationships through exports of covered items. - (b) Matters To Be Included.--The assessment required by subsection -(a) shall include the following: - (1) A description of steps taken to enhance United States - competitiveness in the global UAS market, including markets in - which covered items have been exported to foreign countries - that previously received UAS that are assessed to be ``Category - I'' items under the MTCR from third countries. - (2) A description of how the Department of State and other - relevant Federal agencies evaluate United States allies and - partners' access to covered items. - (3) A description of progress to prevent state and non- - state actors from gaining covered items' capabilities that - would undermine the safety and security of United States allies - and partners. - (4) An identification of the total number of licenses - requested, approved, returned without action, or denied for the - export of covered items and the typical amount of time needed - to process such requests beginning on the date on which the - license was received by the Department of State. - (5) A summary of results of end use checks conducted during - the assessment period by the Department of State and the - Department of Defense with respect to covered items transferred - under the Arms Export Control Act (22 U.S.C. 2751 et. seq.) and - any pending or concluded investigations into end-use violations - of covered items pursuant to section 3 of the Arms Export - Control Act (22 U.S.C. 2753). - (c) Periods Covered by Assessments.--The first assessment required -by subsection (a) shall cover the 3-year period ending on the date of -the enactment of this Act. Each subsequent assessment required by -subsection (a) shall cover the 1-year period beginning on the day after -the end of the period covered in the preceding assessment. - (d) Form.--The assessment required by subsection (a) shall be -submitted in unclassified form but may include a classified annex. - (e) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Armed Services and the Committee on - Foreign Affairs of the House of Representatives; and - (2) the Committee on Armed Services and the Committee on - Foreign Relations of the Senate. - -SEC. 1279. SENSE OF CONGRESS ON THE UNITED STATES ISRAEL RELATIONSHIP. - - It is the sense of Congress that-- - (1) since 1948, Israel has been one of the strongest - friends and allies of the United States; - (2) Israel is a stable, democratic country in a region - often marred by turmoil; - (3) it is essential to the strategic interest of the United - States to continue to offer full security assistance and - related support to Israel; and - (4) such assistance and support is especially vital as - Israel confronts a number of potential challenges at the - present time, including continuing threats from Iran. - -SEC. 1280. FEASIBILITY STUDY ON INCREASED ROTATIONAL DEPLOYMENTS TO - GREECE AND ENHANCEMENT OF UNITED STATES-GREECE DIPLOMATIC - ENGAGEMENT. - - (a) Feasibility Study.-- - (1) In general.--The Secretary of Defense shall conduct a - study on the feasibility of increased rotational deployments of - members of the Armed Forces to Greece, including to Souda Bay, - Alexandroupoli, Larissa, Volos, and Stefanovikeio. - (2) Element.--The study required by paragraph (1) shall - include an evaluation of any infrastructure investment - necessary to support such increased rotational deployments. - (3) Report to congress.--Not later than 180 days after the - date of the enactment of this Act, the Secretary of Defense - shall submit to the congressional defense committees a report - on the results of the study required by paragraph (1). - (b) Diplomatic Engagement.--The Secretary of State is encouraged to -pursue persistent United States diplomatic engagement with respect to -the Greece-Cyprus-Israel and Greece-Cyprus-Egypt trilateral agreements -beyond the occasional participation of United States diplomats in the -regular summits of the countries party to such agreements. - -SEC. 1281. REPORT ON INTERNALLY DISPLACED PEOPLES IN UKRAINE, GEORGIA, - MOLDOVA, AND AZERBAIJAN. - - (a) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of State, in coordination with the -Secretary of Defense, shall submit to the appropriate congressional -committees a report on the status of internally displaced persons in -Ukraine, Georgia, the Republic of Moldova, and the Republic of -Azerbaijan. - (b) Elements.--The report required by subsection (a) shall include -an assessment of the following: - (1) The number of citizens of Ukraine, Georgia, Moldova, - and Azerbaijan who have been forcibly displaced in illegally - occupied regions in Ukraine, Georgia, Moldova, and Azerbaijan - by foreign forces since 1991. - (2) The number of citizens of Ukraine, Georgia, Moldova, - and Azerbaijan who have been killed in regions illegally - occupied by foreign forces since 1991. - (c) Form.--The report required by subsection (a) shall be submitted -in unclassified form, but may include a classified annex. - (d) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the congressional defense committees; - (2) the Committee on Appropriations of the Senate and the - Committee on Appropriations of the House of Representatives; - and - (3) the Committee on Foreign Relations of the Senate and - the Committee on Foreign Affairs of the House of + (1) In general.--Not later than 60 days after the date of the + enactment of this Act, the Secretary of State shall enter into a + contract with a federally funded research and development center + with appropriate expertise and analytical capability to carry out + the study described in paragraph (2). + (2) Study.--The study described in this paragraph shall provide + for a comprehensive social network analysis of the global white + identity terrorism movement to-- + (A) identify key actors, organizations, and supporting + infrastructure; and + (B) map the relationships and interactions between such + actors, organizations, and supporting infrastructure. + (3) Report.-- + (A) To the secretary.--Not later than one year after the + date on which the Secretary of State enters into a contract + pursuant to paragraph (1), the federally funded research and + development center referred to in such subsection that has + entered into such contract with the Secretary shall submit to + the Secretary a report containing the results of the study + required under this section. + (B) To congress.--Not later than 30 days after receipt of + the report under subparagraph (A), the Secretary of State shall + submit to the Committee of Foreign Affairs of the House of + Representatives and the Committee on Foreign Relations of the + Senate such report, together with any additional views or + recommendations of the Secretary. +SEC. 1299G. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE WITH +RESPECT TO DENYING THE STRATEGIC GOALS OF A COMPETITOR AGAINST A +COVERED DEFENSE PARTNER. + (a) Report on Progress of the Department of Defense With Respect To +Denying the Strategic Goals of a Competitor Against a Covered Defense +Partner.-- + (1) In general.--Not later than April 30, 2021, and annually + thereafter for 5 years, the Secretary of Defense shall submit to + the congressional defense committees a report on the progress of + the Department of Defense with respect to improving the ability of + the United States Armed Forces to conduct combined joint operations + to deny the strategic goals of a competitor against a covered + defense partner. + (2) Matters to be included.--Each report required by paragraph + (1) shall include the following: + (A) An explanation of the objectives for the United States + Armed Forces that would be necessary to deny the strategic + goals of a competitor against a covered defense partner. + (B) An identification of joint warfighting capabilities and + current efforts to organize, train, and equip the United States + Armed Forces in support of the objectives explained pursuant to + paragraph (1), including-- + (i) an assessment of whether the programs included in + the most recent future-years defense program submitted to + Congress under section 221 of title 10, United States Code, + are sufficient to enable the United States Armed Forces to + conduct combined joint operations to achieve such + objectives; + (ii) a description of additional investments or force + posture adjustments required to maintain or improve the + ability of the United States Armed Forces to conduct + combined joint operations to achieve such objectives; + (iii) a description of the manner in which the + Secretary of Defense intends to develop and integrate Army, + Navy, Air Force, Marine Corps, and Space Force operational + concepts to maintain or improve the ability of the United + States Armed Forces to conduct combined joint operations to + achieve such objectives; and + (iv) an assessment of the manner in which different + options for pre-delegating authorities may improve the + ability of the United States Armed Forces to conduct + combined joint operations to achieve such objectives. + (C) An assessment of options for deterring limited use of + nuclear weapons by a competitor in the Indo-Pacific region + without undermining the ability of the United States Armed + Forces to maintain deterrence against other competitors or + adversaries. + (D) An assessment of a competitor theory of victory for + invading and unifying a covered defense partner with such + competitor by military force. + (E) A description of the military objectives a competitor + would need to achieve strategic goals. + (F) A description of the military missions a strategic + competitor would need to achieve strategic goals, including-- + (i) blockade and bombing operations; + (ii) amphibious landing operations; or + (iii) combat operations. + (G) An assessment of competing demands on a competitor's + resources and how such demands impact such competitor's ability + to achieve strategic goals. + (H) An assessment of the self-defense capabilities of + covered defense partners and a summary of defense articles and + services that are required to enhance such capability. + (I) An assessment of the capabilities of partner and allied + countries to conduct combined operations with the United States + Armed Forces in a regional contingency. + (3) Form.--Each report required by paragraph (1) shall be + submitted in classified form but may include an unclassified + executive summary. + (b) Definitions.--In this section: + (1) The term ``competitor'' means a country identified as a + strategic competitor in the ``Summary of the 2018 National Defense + Strategy of the United States of America: Sharpening the American + Military's Competitive Edge'' issued by the Department of Defense + pursuant to section 113 of title 10, United States Code. + (2) The term ``covered defense partner'' means a partner + identified in the ``Department of Defense Indo-Pacific Strategy + Report'' issued on June 1, 2019, that is located within 100 miles + off the coast of a strategic competitor. + (3) The term ``strategic goals'' means, with respect to a + competitor, a strategy designed to allow the competitor to rapidly + use military force to effectively control the territory of a + covered defense partner before the United States Armed Forces are + able to respond. +SEC. 1299H. COMPARATIVE STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE +PEOPLE'S REPUBLIC OF CHINA, THE RUSSIAN FEDERATION, AND THE UNITED +STATES. + (a) Studies Required.-- + (1) Department of defense study.--Not later than 270 days after + the date of the enactment of this Act, the Secretary of Defense + shall complete a comparative study on the defense budgets of the + People's Republic of China, the Russian Federation, and the United + States. + (2) Independent study.-- + (A) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary shall offer to enter + into an agreement with an entity independent of the Department + of Defense to conduct a comparative study on the defense + budgets of the People's Republic of China, the Russian + Federation, and the United States, to be completed not later + than 270 days after the date on which the offer to enter into + the agreement is made. + (B) Federally funded research and development center.--The + entity described in subparagraph (A) shall be a federally + funded research and development center. + (3) Goal.--The goal of the studies required by paragraphs (1) + and (2) shall be to develop a methodologically sound set of + assumptions to underpin a comparison of the defense spending of the + People's Republic of China, the Russian Federation, and the United + States. + (b) Elements.-- + (1) In general.--Each study required by subsection (a) shall do + the following: + (A) Determine the amounts invested by each subject country + across functional categories for spending, including-- + (i) defense-related research and development; + (ii) weapons procurement from domestic and foreign + sources; + (iii) operations and maintenance; + (iv) pay and benefits; and + (v) military pensions. + (B) Consider the effects of purchasing power parity and + market exchange rates, particularly on nontraded goods. + (C) Consider differences in the relative prices and quality + of goods within each subject country. + (D) Compare the quality of labor and benefits for the + defense workforce of each subject country. + (E) Account for discrepancies in the manner in which each + subject country accounts for certain functional types of + defense-related spending. + (F) Explicitly estimate the magnitude of omitted spending + from official defense budget information. + (G) Describe direct, indirect, and burden-sharing + contributions made by host countries to each subject country, + including contributions for-- + (i) labor costs; + (ii) military construction projects; + (iii) labor, utilities, facilities, and costs omitted; + (iv) costs associated with training and operations; and + (v) any other purpose the Secretary considers + appropriate. + (H) Analyze the budget impact of geographical + considerations and forward-deployed forces. + (I) Exclude spending related to veterans' benefits. + (2) Additional element for independent study.--In addition to + the elements described in paragraph (1), the independent study + required by subsection (a)(2) shall analyze best practices for + quantifying and evaluating the comparative military expenditures of + each subject country for defense-related databases and research. + (c) Considerations.--The studies required by subsection (a) may +take into consideration the following: + (1) The effects of state-owned enterprises on the defense + expenditures of the People's Republic of China and the Russian + Federation. + (2) The role of differing acquisition policies and structures + with respect to the defense expenditures of each subject country. + (3) Any other matter relevant to evaluating the resources + dedicated to the defense spending or the various military-related + outlays of the People's Republic of China and the Russian + Federation. + (d) Reports.-- + (1) In general.--Not later than 60 days after the date on which + each study required by subsection (a) is completed, the Secretary + shall submit to the appropriate committees of Congress a report on + the results of the applicable study, together with the views of the + Secretary on such study. + (2) Form.--Each report required by paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (3) Appropriate committees of congress defined.--In this + subsection, the term ``appropriate committees of Congress'' means-- + (A) the Committee on Appropriations, the Committee on Armed + Services, the Committee on Foreign Relations, and the Select + Committee on Intelligence of the Senate; and + (B) the Committee on Appropriations, the Committee on Armed + Services, the Committee on Foreign Affairs, and the Permanent + Select Committee on Intelligence of the House of Representatives. - -SEC. 1282. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE IN THE GALWAN - VALLEY AND THE GROWING TERRITORIAL CLAIMS OF THE PEOPLE'S - REPUBLIC OF CHINA. - - (a) Findings.--Congress makes the following findings: - (1) Since a truce in 1962 ended skirmishes between India - and the People's Republic of China, the countries have been - divided by a 2,100-mile-long Line of Actual Control. - (2) In the decades since the truce, military standoffs - between India and the People's Republic of China have flared; - however, the standoffs have rarely claimed the lives of - soldiers. - (3) In the months leading up to June, 15, 2020, along the - Line of Actual Control, the People's Republic of China-- - (A) reportedly amassed 5,000 soldiers; and - (B) is believed to have crossed into previously - disputed territory considered to be settled as part of - India under the 1962 truce. - (4) On June 6, 2020, the People's Republic of China and - India reached an agreement to deescalate and disengage along - the Line of Actual Control. - (5) On June 15, 2020, at least 20 Indian soldiers and an - unconfirmed number of Chinese soldiers were killed in - skirmishes following a weeks-long standoff in Eastern Ladakh, - which is the de facto border between India and the People's - Republic of China. - (6) Following the deadly violence, Prime Minister Narendra - Modi of India stated, ``[w]henever there have been differences - of opinion, we have always tried to ensure that those - differences never turned into a dispute''. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) India and the People's Republic of China should work - toward deescalating the situation along the Line of Actual - Control; and - (2) the expansion and aggression of the People's Republic - of China in and around disputed territories, such as the Line - of Actual Control, the South China Sea, the Senkaku Islands, is - of significant concern. - -SEC. 1283. ENHANCING ENGAGEMENT WITH THE CARIBBEAN. - - It is the sense of Congress that-- - (1) the prosperity and security of the Caribbean region is - a matter of significant importance for the United States, and - promotion of such should be a component of United States - policy; - (2) the United States and the Caribbean region, due to both - geographic proximity and close societal ties, are bound - together by a variety of shared interests, including with - respect to-- - (A) enhancing mutual resiliency and preparedness - for natural disasters; - (B) coordinating humanitarian responses to such - disasters; - (C) advancing trade, investment, academic exchange, - and other cooperative efforts between the United States - and the Caribbean region; - (D) enhancing Caribbean states' security and - safeguarding territorial sovereignty, including from - risks related to predatory financing; - (E) strengthening the rule of law, supporting civil - society, and upholding human rights; - (F) addressing other mutual challenges, including - hemispheric efforts to combat the coronavirus pandemic; - and - (G) countering drug trafficking; - (3) in furtherance of these and other shared interests, the - United States should strengthen its engagement with the - Caribbean region; and - (4) the Department of State's and the Department of - Defense's facilitation of such engagement is essential, given - the role of the various agencies of the United States - government in coordinating humanitarian responses and United - States national security. - -SEC. 1284. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS - PRACTICES. - - The Foreign Assistance Act of 1961 is amended as follows: - (1) In section 116 (22 U.S.C. 2151n), by adding at the end - the following: - ``(h) Status of Excessive Surveillance and Use of Advanced -Technology.-- - ``(1) In general.--The report required by subsection (d) - shall include, wherever applicable, a description of the status - of surveillance and use of advanced technology to impose - arbitrary or unlawful interference with privacy, or unlawful or - unnecessary restrictions on freedoms of expression, peaceful - assembly, association, or other internationally recognized - human rights in each country, including-- - ``(A) whether the government of such country has - adopted and is enforcing laws, regulations, policies, - or practices relating to-- - ``(i) government surveillance or - censorship, including through facial - recognition, biometric data collection, - internet and social media controls, sensors, - spyware data analytics, non-cooperative - location tracking, recording devices, or other - similar advanced technologies, and any - allegations or reports that this surveillance - or censorship was unreasonable; - ``(ii) searches or seizures of individual - or private institution data without independent - judicial authorization or oversight; and - ``(iii) surveillance of any group based on - political views, religious beliefs, ethnicity, - or other protected category, in violation of - equal protection rights; - ``(B) whether such country has imported or - unlawfully obtained biometric or facial recognition - data from other countries or entities and, if - applicable, from whom; and - ``(C) whether the government agency end-user has - targeted individuals, including through the use of - technology, in retaliation for the exercise of their - human rights or on discriminatory grounds prohibited by - international law, including targeting journalists or - members of minority groups. - ``(2) Definition.--In this subsection, the term `internet - and social media controls' means the arbitrary or unlawful - imposition of restrictions, by state or service providers, on - internet and digital information and communication, such as - through the blocking or filtering of websites, social media - platforms, and communication applications, the deletion of - content and social media posts, or the penalization of online - speech, in a manner that violates rights to free expression or - assembly.''. - (2) In section 502B(b) (22 U.S.C. 2304(b))-- - (A) by redesignating the second subsection (i) (as - added by section 1207(b)(2) of Public Law 113-4) as - subsection (j); and - (B) by adding at the end the following: - ``(k) Status of Excessive Surveillance and Use of Advanced -Technology.--The report required under subsection (b) shall include, -wherever applicable, a description of the status of excessive -surveillance and use of advanced technology to restrict human rights, -including the descriptions of such policies or practices required under -section 116(h).''. - -SEC. 1285. ESTABLISHMENT OF NATIONAL COMMISSION ON U.S. - COUNTERTERRORISM POLICY. - - (a) Establishment.--There is established an independent commission -within the legislative branch to be known as the ``National Commission -on U.S. Counterterrorism Policy'' (in this section referred to as the -``Commission''). - (b) Purpose.--The Commission shall assess United States -counterterrorism efforts, including the study areas specified in -subsection (c), and make recommendations based on its findings. - (c) Study Areas.--In carrying out subsection (b), the Commission -shall study the following: - (1) The evolution of threats to the United States since - September 11, 2001, from international and domestic terrorism, - including-- - (A) an assessment of potential connections between - such threats, and the risks such threats pose relative - to other security threats to the United States and - United States national interests; and - (B) the effects of United States counterterrorism - objectives, priorities, capabilities, policies, - programs, and activities on such threats. - (2) The applicability of major lessons learned from United - States counterterrorism objectives, priorities, policies, - programs, and activities since September 11, 2001, for ongoing - and future counterterrorism objectives, priorities, policies, - programs, and activities. - (3) Ongoing United States counterterrorism objectives, - priorities, capabilities, policies, programs, and activities, - including an assessment of the following: - (A) Whether such objectives, priorities, - capabilities, policies, programs, and activities are - appropriately integrated, programmatically and - organizationally, into wider United States foreign and - domestic policy. - (B) Whether counterterrorism resources are - appropriately balanced across the range of - counterterrorism programs and activities conducted by - the United States, and the actions necessary to improve - such balance if necessary. - (C) The potential constraints on counterterrorism - objectives, priorities, capabilities, policies, - programs, and activities resulting from the United - States' need to confront a growing number of - geopolitical and security challenges, and how to - mitigate any terrorism-related risks that might result. - (D) The potential new or emerging challenges or - opportunities of conducting counterterrorism operations - in contested environments where strategic state - competitors such as Russia, China, or Iran operate, and - identification of actions the United States Government - should take to mitigate potential risks and take - advantage of possible opportunities. - (E) The instruments of national power used to - advance counterterrorism objectives and identification - of new or modified instruments, if appropriate. - (F) Any impacts of such counterterrorism - objectives, priorities, capabilities, policies, - programs, and activities on civil rights and civil - liberties in the United States and internationally - recognized human rights and humanitarian principles - abroad. - (4) The legal authorities and policy frameworks for - counterterrorism programs and activities in the United States - and abroad, and whether such authorities or frameworks require - updating. - (5) The state of United States counterterrorism - partnerships, including-- - (A) the impact of United States counterterrorism - objectives, priorities, capabilities, policies, - programs, and activities on the counterterrorism - objectives, priorities, capabilities, policies, - programs, and activities of partner countries; and - (B) the willingness, capacity, and capability of - United States counterterrorism partners to combat - shared threats, and the impact of security assistance - and foreign assistance on such willingness, capacity, - and capability. - (6) Ongoing efforts by the executive branch to measure the - effectiveness of United States counterterrorism objectives, - priorities, capabilities, policies, programs, and activities - through net assessments and evaluations of lessons learned, - including an assessment of efforts to address factors that - contribute to terrorist recruitment and radicalization. - (7) Recommendations on how best to adapt United States - counterterrorism objectives, priorities, capabilities, - policies, programs, and activities on the basis of the areas of - study specified in this subsection and any other findings the - Commission determines relevant. - (d) Composition.-- - (1) Members.--The Commission shall be composed of 14 - commissioners, to be appointed as follows: - (A) One commissioner appointed by the Chairman, - with the concurrence of the ranking member, of each of - the appropriate congressional committees. - (B) A Chairperson, appointed by the Speaker of the - House of Representatives, with the concurrence of the - Minority Leader of the House of Representatives. - (C) A Vice-Chairperson, appointed by the Majority - Leader of the Senate, with the concurrence of the - Minority Leader of the Senate. - (2) Qualifications.--Individuals appointed to the - Commission shall be United States persons with relevant - counterterrorism expertise and experience in diplomacy, law - enforcement, the Armed Forces, law, public administration, - Congress, intelligence, academia, human rights, civil rights, - or civil liberties. The leadership of the House of - Representatives and the Senate shall coordinate with the - appropriate congressional committees to ensure that Commission - membership represents a variety of expertise in such fields. At - least one of the commissioners shall possess a civil rights or - civil liberties background in addition to relevant - counterterrorism expertise, and one commissioner shall possess - an international human rights background in addition to - relevant counterterrorism expertise. - (3) Prohibitions.--An individual appointed to the - Commission may not be-- - (A) a Member of Congress, including a Delegate or - Resident Commissioner; - (B) an employee or official of any other branch of - the Federal Government; - (C) an employee or official of any State, - territory, county, or municipality in the United - States; or - (D) a registered lobbyist. - (4) Conflicts of interest.--An individual appointed to the - Commission shall disclose any financial gains from private - sector employment conducted in support of United States - counterterrorism objectives, priorities, capabilities, - policies, programs, or activities at any time since the - September 11, 2001, attacks. - (5) Deadline for appointment of commissioners.--Individuals - appointed to the Commission shall be appointed not later than-- - (A) 30 days after the date of the enactment of this - Act; or - (B) December 31, 2020, - whichever occurs first. - (6) Period of appointment.--Each commissioner and the - Chairperson and Vice-Chairperson shall be appointed for the - life of the Commission. - (7) Vacancies.--Any vacancy in the Commission shall not - affect its powers and duties and shall be filled in the same - manner as the original appointment within 30 days of such - vacancy occurring. - (8) Compensation.--Commissioners and the Chairperson and - Vice-Chairperson shall serve without pay. - (9) Travel expenses.--Commissioners and the Chairperson and - Vice-Chairperson shall receive travel expenses, including per - diem in lieu of subsistence, in accordance with sections 5702 - and 5703 of title 5, United States Code, while away from their - homes or regular places of business in performance of services - for the Commission. - (e) Meetings.-- - (1) Initial meeting.--The initial meeting of the Commission - shall be held not later than 30 days after the satisfaction of - all of the following: - (A) The appointment of two-thirds of the members of - the Commission, including at least one of the - Chairperson or Vice-Chairperson. - (B) The transfer of funding under subsection (k). - (2) Responsibility.--The Commission shall, at its initial - meeting, develop and implement a schedule for completion of the - review and assessment under subsection (b) and report under - subsection (m)(2). - (3) Subsequent meetings.--The Commission shall meet at the - call the Chairperson or a majority of commissioners. - (4) Quorum.--Eight commissioners shall constitute a quorum, - and commissioners may vote by proxy. - (f) Consultation.--In conducting the review and assessment and -study required under this section, the Commission shall consult with -relevant experts in the Federal Government (including relevant Members -of Congress and congressional staff), academia, law, civil society, and -the private sector. - (g) Powers of the Commission.-- - (1) Hearings and evidence.--For the purposes of carrying - out this section, the Commission may-- - (A) hold classified or unclassified hearings, take - testimony, receive evidence, and administer oaths; and - (B) subject to paragraph (3), require, by subpoena - authorized by majority vote of the Commission and - issued under the signature of the Chairperson or any - member designated by a majority of the Commission, the - attendance and testimony of such witnesses and the - production of such books, records, correspondence, - memoranda, papers, and documents, as the Commission may - determine advisable. - (2) Notification of committees.--If the Commission is - unable to obtain testimony or documents needed to conduct its - work, the Commission shall notify the appropriate congressional - committees. - (3) Subpoena enforcement.-- - (A) In general.--In the case of contumacy or - failure to obey a subpoena issued under paragraph - (1)(B), the United States district court for the - judicial district in which the subpoenaed person - resides, is served, or may be found, or where the - subpoena is returnable, may issue an order requiring - such person to appear at any designated place to - testify or to produce documentary or other evidence. - Any failure to obey the order of the court may be - punished by the court as a contempt of that court. - (B) Additional enforcement.--In the case of any - failure of any witness to comply with any subpoena or - to testify when summoned under authority of this - section, the Commission may, by majority vote, certify - a statement of fact constituting such failure to the - appropriate United States attorney, who may bring the - matter before the grand jury for its action, under the - same statutory authority and procedures as if the - United States attorney had received a certification - under sections 102 through 104 of the Revised Statutes - of the United States (2 U.S.C. 192 through 194). - (4) Limitations on subpoena authority.--With respect to the - subpoena authority under paragraph (1)(B), the Commission-- - (A) may only issue a subpoena to a member of - Federal, State, local, Tribal, or territorial - government; - (B) may reference unclassified documents and - information obtained through a subpoena when conducting - interviews to further the Commission's objectives, and - may include such documents and information in the final - report, but may not otherwise share, disclose, publish, - or transmit in any way any information obtained through - a subpoena to another Federal department or agency, any - agency of a State, local, Tribal, or territorial - government, or any international body; and - (C) shall comply with requirements for the issuance - of a subpoena issued by a United States district court - under the Federal Rules of Civil Procedure. - (5) Meetings.--The Commission shall-- - (A) hold public hearings and meetings; - (B) hold classified hearings or meetings if - necessary to discuss classified material or - information; and - (C) provide an opportunity for public comment, - including sharing of research and policy analysis, - through publication in the Federal Register of a - solicitation for public comments during a period to - last not fewer than 45 days. - (h) Resources.-- - (1) Authority to use the united states mails.--The - Commission may use the United States mails in the same manner - and under the same conditions as other Federal agencies. - (2) Documents, statistical data and other such - information.--Upon written request by the Chairperson, Vice- - Chairperson, or any commissioner designated by a majority of - the Commission, an executive department, bureau, agency, board, - commission, office, independent establishment, or - instrumentality of the Federal Government-- - (A) shall provide reasonable access to documents, - statistical data, and other such information the - Commission determines necessary to carry out its - duties; and - (B) shall, to the extent authorized by law, furnish - any information, suggestions, estimates, and statistics - the Commission determines necessary to carry out its - duties. - (3) Gifts.--No member or staff of the Commission may - receive a gift or benefit by reason of the service of such - member or staff to the Commission. - (4) Authority to contract.-- - (A) In general.--The Commission is authorized to - enter into contracts, leases, or other legal agreements - with Federal and State agencies, Indian tribes, Tribal - entities, private entities, and individuals for the - conduct of activities necessary to the discharge of its - duties. - (B) Termination.--A contract, lease, or other legal - agreement entered into by the Commission under this - paragraph may not extend beyond the date of termination - of the Commission. - (5) Inapplicability of faca.--The Federal Advisory - Committee Act (5 U.S.C. App.) shall not apply to the activities - of the Commission under this section. - (6) Office space and administrative support.--The Architect - of the Capitol shall make office space available for day-to-day - activities of the Commission and for scheduled meetings of the - Commission. Upon request, the Architect of the Capitol shall - provide, on a reimbursable basis, such administrative support - as the Commission requests to carry out its duties. - (7) Assistance from federal agencies.-- - (A) General services administration.--The - Administrator of General Services shall provide to the - Commission on a reimbursable basis administrative - support and other services as the Commission requests - to carry out its duties. - (B) Federal departments and agencies.--Federal - departments and agencies may provide to the Commission - such services, funds, facilities, staff, and other - support services as such departments and agencies - consider advisable and as may be authorized by law. - (i) Staff.-- - (1) Director.--The Chairperson, in consultation with the - Vice-Chairperson, and in accordance with rules agreed upon by - the Commission, may appoint a staff director. - (2) Staff.--With the approval of the Commission, the staff - director may appoint such employees as the staff director - determines necessary to enable the Commission to carry out its - duties. - (3) Staff qualifications.--The staff director shall ensure - employees of the Commission have relevant counterterrorism - expertise and experience, including in areas such as diplomacy, - law enforcement, the Armed Forces, law, public administration, - Congress, intelligence, academia, human rights, civil rights, - or civil liberties. - (3) Appointments and compensation.--The Commission may - appoint and fix the compensation of the staff director and - other employees without regard to the provisions of title 5, - United States Code, governing appointments in the competitive - service, and without regard to the provisions of chapter 51 and - subchapter III of chapter 53 of such title relating to - classification and General Schedule pay rates, except that the - rate of pay for the staff director may not may exceed the - equivalent of that payable to a person occupying a position at - level IV of the Executive Schedule and the rate of pay for any - other employee of the Commission may not exceed the equivalent - of that payable to a person occupying a position at level V of - the Executive Schedule. - (4) Experts and consultants.--With the approval of the - Chairperson, the staff director may procure temporary and - intermittent services under section 3109(b) of title 5, United - States Code. - (5) Detail of government employees.--Upon the request of - the Commission, the head of any Federal agency may detail, - without reimbursement, any of the personnel of such agency to - the Commission to assist in carrying out its duties. Any such - detail shall not interrupt or otherwise affect the civil - service status or privileges of such personnel. - (6) Volunteer services.--Notwithstanding section 1342 of - title 31, United States Code, the Commission may accept and use - voluntary and uncompensated services as the Commission - determines necessary. - (j) Security Clearances for Commission Members and Staff.--The -appropriate Federal agencies or departments shall cooperate with the -Commission in expeditiously providing to the commissioners, including -the Chairperson and Vice-Chairperson, and the staff director and other -employees, appropriate security clearances to the extent possible -pursuant to existing procedures and requirements. - (k) Funding.-- - (1) In general.--Of the amounts authorized to be - appropriated for fiscal year 2021 by this Act, $4,000,000 shall - be made available for transfer to the Commission for purposes - of the activities of the Commission under this section. - (2) Duration of availability.--Amounts made available to - the Commission under paragraph (1) shall remain available until - the until the termination of the Commission. - (l) Termination.--The Commission shall terminate on the date that -is 180 days after the date on which the Commission submits the report -under subsection (m)(2). - (m) Briefings and Report.-- - (1) Briefings.--The Chairperson, Vice-Chairperson, and - staff director of the Commission shall provide quarterly - briefings to the appropriate congressional committees, of which - not fewer than two briefings shall be for Members of Congress. - (2) Report.-- - (A) In general.--Not later than 540 days after the - initial meeting of the Commission under subsection (e), - the Commission shall submit to the appropriate - congressional committees an unclassified report that - includes the following: - (i) The findings, conclusions, and - recommendations of the Commission pursuant to - the review and assessment under subsection (b). - (ii) Summaries of the input and - recommendations of each individual with whom - the Commission consulted in accordance with - subsection (f), attributed in accordance with - the preference expressed by such individual. - (B) Classified annex.--The report required under - this subsection may include a classified annex. - (C) Addendum.--Pursuant to subsection (h)(3), the - Commission shall publish as an addendum to the report - under subsection (m)(2) a list of all gifts received - and the individual or entity from which such gift was - received. - (3) Public release.--Not later than 7 days after the date - on which the Commission submits the report under this - subsection, the Commission shall make publicly available such - report, with the exception of any classified annex under - paragraph (2)(B). - (n) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Armed Services, the Committee - on Homeland Security, the Committee on Foreign Affairs, - the Permanent Select Committee on Intelligence, the - Committee on the Judiciary, and the Committee on - Financial Services of the House of Representatives; and - (B) the Committee on Armed Services, the Committee - on Homeland Security and Governmental Affairs, the - Committee on Foreign Relations, the Select Committee on - Intelligence, the Committee on the Judiciary, and the - Committee on Finance of the Senate. - (2) Domestic terrorism.--The term ``domestic terrorism'' - has the meaning given such term in section 2331 of title 18, - United States Code. - (3) Indian tribe.--The term ``Indian tribe'' has the - meaning given such term in section 4 of the Indian Self- - Determination and Education Assistance Act of 1975 (25 U.S.C. - 5304). - (4) International terrorism.--The term ``international - terrorism'' has the meaning given such term in section 2331 of - title 18, United States Code. - (5) Registered lobbyist.--The term ``registered lobbyist'' - means a lobbyist described in section 3 of the Lobbying - Disclosure Act of 1995 (2 U.S.C. 1603). - (6) United states person.--The term ``United States - person'' has the meaning given that term in section 101 of the - Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). - -SEC. 1286. PROGRAM TO PREVENT, MITIGATE, AND RESPOND TO CIVILIAN HARM - AS A RESULT OF MILITARY OPERATIONS IN SOMALIA. - - (a) Program Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense, in - coordination with the Secretary of State, shall develop and - implement a program-- - (A) to prevent, mitigate, and respond to civilian - harm resulting from military operations to counter al- - Shabaab or the Islamic State in Somalia (ISIS-Somalia); - and - (B) to enhance the ability for Somali civilians to - report instances of civilian harm resulting from-- - (i) any operations conducted by United - States Armed Forces; and - (ii) any operations in which United States - Armed Forces provided operational support to - the Somali Army or the African Union Mission in - Somalia (AMISOM). - (2) Coordination.--The program required by this subsection - shall be carried out in accordance with-- - (A) section 1213 of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116- - 92); - (B) section 936 of the John S. McCain National - Defense Authorization Act for Fiscal Year 2019 (10 - U.S.C. 134 note); and - (C) section 1057 of the National Defense - Authorization Act for Fiscal Year 2018. - (b) Scope of Program.--The program required by subsection (a) shall -include the following: - (1) Measures in accordance with section 1057 of the - National Defense Authorization Act for Fiscal Year 2018 to - improve the ability of the Somali National Army, AMISOM, the - United States military, and United States contractors to - prevent, mitigate, and respond to instances of civilian harm as - a result of military operations to counter al-Shabaab or ISIS- - Somalia. - (2) Measures in accordance with section 1057 of the - National Defense Authorization Act for Fiscal Year 2018 and - section 936 of the John S. McCain National Defense - Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note) to - improve coordination among international actors involved in - military operations in Somalia, to include AMISOM, with regard - to preventing and mitigating civilian casualties, and - collecting data and reporting on such incidents when they - occur. - (3) Specific measures relating to compliance by Somalia - with section 936(b)(3) of the John S. McCain National Defense - Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note), to - include measures to ensure that Somali civilians, including - those without reliable access to the internet, and credible - local or international nongovernmental organizations, can - report civilian harm, including death, injury, or damage to - civilian infrastructure, resulting from United States - operations and partner operations. - (4) Measures to ensure that ex gratia payments and other - assistance are made available as appropriate in accordance with - section 1213 of the National Defense Authorization Act for - Fiscal Year 2020 (Public Law 116-92). +SEC. 1299I. ASSESSMENT OF WEAPONS OF MASS DESTRUCTION TERRORISM. + (a) Assessment.--Not later than 60 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the Secretary of State and the Secretary of Energy, shall enter into an +arrangement with the National Academy of Sciences-- + (1) to conduct an assessment of strategies of the United States + for preventing, countering, and responding to nuclear, biological, + and chemical terrorism; and + (2) to make recommendations to improve such strategies. + (b) Matters to Be Included.--The assessment and recommendations +required by subsection (a) shall address the adequacy of strategies +described in such subsection and identify technical, policy, and +resource gaps with respect to-- + (1) identifying national and international nuclear, biological, + and chemical risks, and critical emerging threats; + (2) preventing state-sponsored and non-state actors from + acquiring or misusing the technologies, materials, and critical + expertise needed to carry out nuclear, biological, and chemical + attacks, including dual-use technologies, materials, and expertise; + (3) countering efforts by state-sponsored and non-state actors + to carry out such attacks; + (4) responding to nuclear, biological, and chemical terrorism + incidents to attribute their origin and help manage their + consequences; + (5) budgets likely to be required to implement effectively such + strategies; and + (6) other important matters that are directly relevant to such + strategies. (c) Report.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Secretary of Defense, in - coordination with the Secretary of State, shall submit to the - appropriate congressional committees a report on the measures - that have been taken to implement the program required by - subsection (a). - (2) Form.--The report required by this subsection shall be - submitted in unclassified form, but may include a classified - annex. - (d) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Armed Services and the - Committee on Foreign Affairs of the House of - Representatives; and - (B) the Committee on Armed Services and the - Committee on Foreign Relations of the Senate. - (2) Operational support.--The term ``operational support'' - means training, advising, commanding, coordinating, - participating in the movement of, or accompanying Somali Army - or AMISOM forces, providing such forces with medevac or other - medical aid, aerial refueling, intelligence, surveillance, or - reconnaissance, or close air support for operations. - -SEC. 1287. SENSE OF CONGRESS REGARDING JAPAN AND SMA REPORT DRAFT. - - (a) Sense of Congress.--It is the Sense of Congress that-- - (1) the United States greatly values its alliance with the - Government of Japan, based on shared values of democracy, the - rule of law, a rules-based international order, and respect for - human rights; - (2) the United States-Japan alliance has been the - cornerstone of peace, stability, and security in the Indo- - Pacific for more than seven decades; - (3) the United States and Japan are indispensable partners - in addressing global challenges, including combating the - proliferation of weapons of mass destruction, preventing - piracy, assisting the victims of conflict and disaster - worldwide, safeguarding maritime security, and ensuring freedom - of navigation, commerce, and overflight in the Indo-Pacific - region; - (4) the Democratic People's Republic of Korea's (DPRK) - nuclear, chemical, and biological weapons programs and - ballistic missile programs pose a critical threat to the - stability of the Indo-Pacific region and to the security of - Japan; - (5) the People's Republic of China's use of military forces - to challenge territory under Japan's administrative control - violate international norms and thereby threaten regional - stability. - (6) the United States reaffirms its commitment to Article V - of the Treaty of Mutual Cooperation and Security between the - United States of America and Japan, which applies to the - Japanese-administered Senkaku Islands; - (7) United States forces forward-deployed in Japan, - consisting of 54,000 United States forces, United States - Seventh Fleet, the only forward-deployed United States aircraft - carrier, and the United States Marine Corps' III Marine - Expeditionary Force, are essential to sustaining United States - national security and regional peace and stability; - (8) the United States and Japan should continue to deepen - defense cooperation to enhance collective defense and regional - security; - (9) Japan makes significant contributions to regional and - global security, including contributions to regional Ballistic - Missile Defense, conducting bilateral presence operations and - mutual asset protection missions with United States forces, - serving as a capacity building contributor to United Nations - peacekeeping operations, and providing critical support to - United Nations Security Council Resolution enforcement - operations against the DPRK's illicit weapons programs; - (10) the United States recognizes the substantial financial - commitments of Japan to the maintenance of United States forces - in Japan, including contributions of approximately - $2,000,000,000 annually under the Special Measures Agreement, - $187,000,000 annually under the Japan Facilities Improvement - Program, $12,100,000,000 for the Futenma Replacement Facility, - and $4,800,000,000 for Marine Corps Air Station Iwakuni, that - directly support operational readiness of United States forces - in Japan and make Japan among the most significant burden- - sharing partners of the United States; and - (11) it is in the national security interest of the United - States that the United States and Japan conclude a new Special - Measures Agreement, negotiated based on the principles of - mutual respect, equity, and our shared national security - interests, prior to the expiration of the current agreement. - (b) Report.-- - (1) In general.--Not later than January 1, 2021, the - Secretary of Defense, in consultation with the Secretary of - State, shall provide a report on the costs most directly - associated with the stationing of United States forces in Japan - to the congressional defense committees, the House Committee on - Foreign Affairs, and the Senate Committee on Foreign Relations. - At a minimum, the report shall include-- - (A) a description of each category of costs, - including labor, utilities, training relocation, and - any other categories the Secretary determines to be - appropriate, that are most directly associated with the - stationing of United States forces in Japan; - (B) a detailed description of which costs most - directly associated with the stationing of United - States forces in Japan are incurred in Japan and which - such costs are incurred outside of Japan; - (C) a detailed summary of contributions made by the - Government of Japan that allay the costs to United - States of stationing United States forces in Japan; - (D) the benefits to United States national security - and regional security derived from the forward presence - of United States Armed Forces in Japan; - (E) the impact to the national security of the - United States, the security of Japan, and peace and - stability in the Indo-Pacific region if a new Special - Measures Agreement is not reached before March 31, - 2021; and - (F) any other matters the Secretary deems - appropriate to include. - (2) Form.--The report shall be unclassified without any - designation relating to dissemination control, but may include - a classified annex. - -SEC. 1288. SENSE OF CONGRESS RELATING TO GRAND ETHIOPIAN RENAISSANCE - DAM. - - It is the sense of Congress that it is in the best interests of the -stability of the region for Egypt, Ethiopia, and Sudan to immediately -reach a just and equitable agreement regarding the filling and -operation of the Grand Ethiopian Renaissance Dam. - -SEC. 1289. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON FOREIGN - GOVERNMENTS. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the President, in consultation with the -Secretary of State, the Secretary of the Treasury, the Secretary of -Commerce, the Administrator of the United States Agency for -International Development, the United States Ambassador to the United -Nations, and relevant nongovernmental organizations, shall submit to -the appropriate congressional committees a report on all comprehensive -sanctions imposed on governments of foreign countries under any -provision of law. - (b) Matters To Be Included.--The report required by subsection (a) -shall include-- - (1) an assessment of the effect of sanctions imposed on the - government of each foreign country described in subsection (a) - on-- - (A) the ability of civilian population of the - country to access water, sanitation, and public health - services; - (B) the changes to the general mortality rate, - maternal mortality rate, life expectancy, and literacy; - (C) the environmental impacts experienced by the - country that may be associated with the sanctions, to - include fossil fuel usage; - (D) the delivery of economic aid and development - projects in the country; - (E) the extent to which there is an increase in - refugees or migration to or from the country or an - increase in internally displaced people in the country; - (F) the economic, political, and military impacts - on the country; - (G) the reactions of the country to the imposed - sanctions, including policy changes and internal - sentiment; - (H) the degree of international compliance and non- - compliance of the country; and - (I) the licensing of transactions to allow access - to essential goods and services to vulnerable - populations, including women, children, elderly - individuals, and individuals with disabilities; and - (2) a description of the purpose of sanctions imposed on - the government of each foreign country described in subsection - (a) and the required legal or political authority, including-- - (A) an assessment of United States national - security; - (B) an assessment of whether the stated foreign - policy goals of the sanctions are being met; - (C) the degree of international support or - opposition that can be anticipated; - (D) an assessment of such sanctions on United - States businesses and consumers; - (E) criteria for lifting the sanctions; and - (F) prospects for commitment to enforcing the - sanctions. - (c) Updates of Report.--The President shall submit to Congress an -updated report under subsection (a)-- - (1) not later than 1 year after the date of the enactment - of this Act, and annually thereafter for 10 years; and - (2) with respect to a new comprehensive sanction imposed on - a government of a foreign country under any provision of law, - not later than 180 days after the date on which the sanctions - are imposed on the government. - (d) Form.--The report required by subsection (a) shall be submitted -in unclassified form, but may contain a classified annex. The -unclassified portion of the report shall be published on a publicly- -available website of the Government of the United States. - (e) Review by Congress.--Upon receipt of the report required by -subsection (a), Congress shall examine the report with a focus on the -humanitarian impacts of comprehensive sanctions described in the -report, including with respect to human rights, medical services, food -and malnutrition and access to water, sanitation, and hygiene services. - (f) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Affairs, the Committee - on Financial Services, and the Committee on Ways and - Means of the House of Representatives; and - (B) the Committee on Foreign Relations, the - Committee on Banking, Housing, and Urban Affairs, and - the Committee on Finance of the Senate. - (2) Comprehensive sanction.--The term ``comprehensive - sanctions'' means any prohibition on significant commercial and - financial activity with a foreign government that is imposed by - the United States for reasons of foreign policy or national - security. - -SEC. 1290. LIMITATION ON ASSISTANCE TO BRAZIL. - - No Federal funds may be obligated or expended to provide any United -States security assistance or security cooperation to the defense, -security, or police forces of the Government of Brazil to involuntarily -relocate, including through coercion or the use of force, the -indigenous or Quilombola communities in Brazil. - -SEC. 1291. UNITED STATES AGENCY FOR GLOBAL MEDIA. - - (a) Short Title.--This section may be cited as the ``U.S. Agency -for Global Media Reform Act''. - (b) Sense of Congress.--It is the sense of Congress that the Office -of Cuba Broadcasting should-- - (1) remain an independent entity of the United States - Agency for Global Media; and - (2) continue taking steps to ensure that the Office is - fulfilling its core mission of promoting freedom and democracy - by providing the people of Cuba with objective news and - information programming. - (c) Authorities of the Chief Executive Officer; Limitation on -Corporate Leadership of Grantees.--Section 305 of the United States -International Broadcasting Act of 1994 (22 U.S.C. 6204) is amended-- - (1) in subsection (a)-- - (A) in paragraph (20), by inserting ``in accordance - with subsection (c)'' before the period at the end; - (B) in paragraph (21)-- - (i) by striking ``including with Federal - officials,''; and - (ii) by inserting ``in accordance with - subsection (c)'' before the period at the end; - (C) by adding at the end the following new - paragraph: - ``(23) To-- - ``(A) require semi-annual content reviews of each - language service of each surrogate network, consisting - of a review of at least 10 percent of available weekly - content, by fluent language speakers and experts - without direct affiliation to the language service - being reviewed, who are seeking any evidence of - inappropriate or unprofessional content, which shall be - submitted to the Office of Policy Research, the head - and Board of the respective surrogate service, and the - Chief Executive Officer; and - ``(B) submit to the appropriate congressional - committees a list of anomalous reports, including - status updates on anomalous services during the 3-year - period commencing on the date of receipt of the first - report of biased, unprofessional, or otherwise - problematic content.''; - (2) by adding at the end the following new subsection: - ``(c) Limitation on Corporate Leadership of Grantees.-- - ``(1) In general.--The Chief Executive Officer may not - award any grant under subsection (a) to RFE/RL, Inc., Radio - Free Asia, the Middle East Broadcasting Networks, the Open - Technology Fund, or any other grantee authorized under this - title (collectively referred to as `Agency Grantee Networks') - unless the incorporation documents of any such grantee require - that the corporate leadership and Board of Directors of such - grantee be selected in accordance with this Act. - ``(2) Conflicts of interest.-- - ``(A) Chief executive officer.--The Chief Executive - Officer may not serve on any of the corporate boards of - any grantee under subsection (a). - ``(B) Federal employees.--A full-time employee of a - Federal agency may not serve on a corporate board of - any grantee under subsection (a). - ``(3) Qualifications of grantee board members.--Individuals - appointed under subsection (a) to the Board of Directors of any - of the Agency Grantee Networks shall have requisite expertise - in journalism, technology, broadcasting, or diplomacy, or - appropriate language or cultural understanding relevant to the - grantee's mission.''. - (d) International Broadcasting Advisory Board.--Section 306 of the -United States International Broadcasting Act of 1994 (22 U.S.C. 6205) -is amended-- - (1) by striking subsections (a) through (c) and inserting - the following: - ``(a) In General.--The International Broadcasting Advisory Board -(referred to in this section as the `Advisory Board') shall advise the -Chief Executive Officer of the United States Agency for Global Media, -as appropriate. The Advisory Board as established shall exist within -the executive branch as an entity described in section 104 of title 5, -United States Code. - ``(b) Composition of the Advisory Board.-- - ``(1) In general.--The Advisory Board shall consist of - seven members, of whom-- - ``(A) six shall be appointed by the President, by - and with the advice and consent of the Senate, in - accordance with subsection (c); and - ``(B) one shall be the Secretary of State. - ``(2) Chair.--The President shall designate, with the - advice and consent of the Senate, one of the members appointed - under paragraph (1)(A) as Chair of the Advisory Board. - ``(3) Party limitation.--Not more than three members of the - Advisory Board appointed under paragraph (1)(A) may be - affiliated with the same political party. - ``(4) Terms of office.-- - ``(A) In general.--Except as provided in - subparagraph (B), members of the Advisory Board shall - serve for a single term of 4 years, except that, of the - first group of members appointed under paragraph - (1)(A)-- - ``(i) two members who are not affiliated - with the same political party, shall be - appointed for terms ending on the date that is - 2 years after the date of the enactment of the - U.S. Agency for Global Media Reform Act; - ``(ii) two members who are not affiliated - with the same political party, shall be - appointed for terms ending on the date that is - 4 years after the date of the enactment of the - U.S. Agency for Global Media Reform Act; and - ``(iii) two members who are not affiliated - with the same political party, shall be - appointed for terms ending on the date that is - 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 continue to serve as a member of the - Advisory Board until a qualified successor has been - appointed and confirmed by the Senate. - ``(D) Secretary of state.--When there is a vacancy - in the office of Secretary of State, the Acting - Secretary of State shall serve as a member of the - Advisory Board until a new Secretary of State is - appointed.''; - (2) by redesignating subsection (d) as subsection (c); - (3) by amending subsection (c), as redesignated-- - (A) in the subsection heading, by inserting - ``Advisory'' before ``Board''; and - (B) in paragraph (2), by inserting ``who are'' - before ``distinguished''; and - (4) by striking subsections (e) and (f) and inserting the - following new subsections: - ``(d) Functions of the Advisory Board.--The members of the Advisory -Board shall-- - ``(1) provide the Chief Executive Officer of the United - States Agency for Global Media with advice and recommendations - for improving the effectiveness and efficiency of the Agency - and its programming; - ``(2) meet with the Chief Executive Officer at least four - times annually, including twice in person as practicable, and - at additional meetings at the request of the Chief Executive - Officer or the Chair of the Advisory Board; - ``(3) report periodically, or upon request, to the - congressional committees specified in subsection (c)(2) - regarding its advice and recommendations for improving the - effectiveness and efficiency of the United States Agency for - Global Media and its programming; - ``(4) obtain information from the Chief Executive Officer, - as needed, for the purposes of fulfilling the functions - described in this subsection; - ``(5) consult with the Chief Executive Officer regarding - budget submissions and strategic plans before they are - submitted to the Office of Management and Budget or to - Congress; - ``(6) advise the Chief Executive Officer to ensure that-- - ``(A) the Chief Executive Officer fully respects - the professional integrity and editorial independence - of United States Agency for Global Media broadcasters, - networks, and grantees; and - ``(B) agency networks, broadcasters, and grantees - adhere to the highest professional standards and ethics - of journalism, including taking necessary actions to - uphold professional standards to produce consistently - reliable and authoritative, accurate, objective, and - comprehensive news and information; and - ``(7) provide other strategic input to the Chief Executive - Officer. - ``(e) Appointment of Heads of Networks.-- - ``(1) In general.--The heads of Voice of America, the - Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the - Middle East Broadcasting Networks, the Open Technology Fund, or - of any other grantee authorized under this title may only be - appointed or removed if such action has been approved by a - majority vote of the Advisory Board. - ``(2) Removal.--After consulting with the Chief Executive - Officer, five or more members of the Advisory Board may - unilaterally remove any such head of network or grantee network - described in paragraph (1). - ``(3) Quorum.-- - ``(A) In general.--A quorum shall consist of four - members of the Advisory Board (excluding the Secretary - of State). - ``(B) Decisions.--Except as provided in paragraph - (2), decisions of the Advisory Board shall be made by - majority vote, a quorum being present. - ``(C) Closed sessions.--The Advisory Board may meet - in closed sessions in accordance with section 552b of - title 5, United States Code. - ``(f) Compensation.-- - ``(1) In general.--Members of the Advisory Board, while - attending meetings of the Advisory Board or while engaged in - duties relating to such meetings or in other activities of the - Advisory Board under this section (including travel time) shall - be entitled to receive compensation equal to the daily - equivalent of the compensation prescribed for level IV of the - Executive Schedule under section 5315 of title 5, United States - Code. - ``(2) Travel expenses.--While away from their homes or - regular places of business, members of the Board may be allowed - travel expenses, including per diem in lieu of subsistence, as - authorized under section 5703 of such title for persons in the - Government service employed intermittently. - ``(3) Secretary of state.--The Secretary of State is not - entitled to any compensation under this title, but may be - allowed travel expenses in accordance with paragraph (2). - ``(g) Support Staff.--The Chief Executive Officer shall, from -within existing United States Agency for Global Media personnel, -provide the Advisory Board with an Executive Secretary and such -administrative staff and support as may be necessary to enable the -Advisory Board to carry out subsections (d) and (e).''. - (e) Conforming Amendments.--The United States International -Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended-- - (1) in section 304-- - (A) in the section heading, by striking - ``broadcasting board of governors'' and inserting - ``united states agency for global media''; - (B) in subsection (a), by striking ``Broadcasting - Board of Governors'' and inserting ``United States - Agency for Global Media''; - (C) in subsection (b)(1), by striking - ``Broadcasting Board of Governors'' and inserting - ``United States Agency for Global Media''; and - (D) in subsection (c), by striking ``Board'' each - place such term appears and inserting ``Agency''; - (2) in section 305-- - (A) in subsection (a)-- - (i) in paragraph (6), by striking ``Board'' - and inserting ``Agency''; - (ii) in paragraph (13), by striking - ``Board'' and inserting ``Agency''; - (iii) in paragraph (20), by striking - ``Board'' and inserting ``Agency''; and - (iv) in paragraph (22), by striking - ``Board'' and inserting ``Agency''; - (B) in subsection (b), by striking ``Board'' each - place such term appears and inserting ``Agency''; - (3) in section 308-- - (A) in subsection (a), in the matter preceding - paragraph (1), by striking ``Board'' and inserting - ``Agency''; - (B) in subsection (b), by striking ``Board'' each - place such term appears and inserting ``Agency''; - (C) in subsection (d), by striking ``Board'' and - inserting ``Agency''; - (D) in subsection (g), by striking ``Board'' each - place such term appears and inserting ``Agency''; - (E) in subsection (h)(5), by striking ``Board'' and - inserting ``Agency''; and - (F) in subsection (i), in the first sentence, by - striking ``Board'' and inserting ``Agency''; - (4) in section 309-- - (A) in subsection (c)(1), by striking ``Board'' - each place such term appears and inserting ``Agency''; - (B) in subsection (e), in the matter preceding - paragraph (1), by striking ``Board'' and inserting - ``Agency''; - (C) in subsection (f), by striking ``Board'' each - place such term appears and inserting ``Agency''; and - (D) in subsection (g), by striking ``Board'' and - inserting ``Agency''; - (5) in section 310(d), by striking ``Board'' and inserting - ``Agency''; - (6) in section 310A(a), by striking ``Broadcasting Board of - Governors'' and inserting ``United States Agency for Global - Media''; - (7) in section 310B, by striking ``Board'' and inserting - ``Agency''; - (8) by striking section 312; - (9) in section 313(a), in the matter preceding paragraph - (1), by striking ``Board'' and inserting ``Agency''; - (10) in section 314-- - (A) by striking ``(4) the terms `Board and Chief - Executive Officer of the Board' means the Broadcasting - Board of Governors'' and inserting the following: - ``(2) the terms `Agency' and `Chief Executive Officer of - the Agency' mean the United States Agency for Global Media and - the Chief Executive Officer of the United States Agency for - Global Media, respectively,''; and - (B) in paragraph (3)-- - (i) by striking ``includes--'' and - inserting ``means the corporation having the - corporate title described in section 308''; and - (ii) by striking subparagraphs (A) and (B); - and - (11) in section 316-- - (A) in subsection (a)(1), by striking - ``Broadcasting Board of Governors'' and inserting - ``United States Agency for Global Media''; and - (B) in subsection (c), by striking ``Broadcasting - Board of Governors'' and inserting ``United States - Agency for Global Media''. - (f) Rulemaking.--Notwithstanding any other provision of law, the -United States Agency for Global Media may not revise part 531 of title -22, Code of Federal Regulations, which took effect on June 11, 2020, -without explicit authorization by an Act of Congress. - (g) Savings Provisions.--Section 310 of the United States -International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended by -adding at the end the following new subsections: - ``(f) Maintenance of Proprietary Information.--No consolidation of -grantees authorized under subsection (a) involving any grantee shall -result in any legal transfer of ownership of any proprietary -information or intellectual property to the United State Agency for -Global Media or any other Federal entity. - ``(g) Rule of Construction.--No consolidation of grantees -authorized under subsection (a) shall result in the consolidation of -the Open Technology Fund or any successor entity with any other -grantee.''. - (h) Rule of Construction.--Nothing in the United States -International Broadcasting Act of 1994 or any other provision of law -may be construed to make the Open Technology Fund an entity authorized -under such Act until the effective date of legislation authorizing the -establishment of the Open Technology Fund. - -SEC. 1292. DETERMINATION AND IMPOSITION OF SANCTIONS WITH RESPECT TO - TURKEY'S ACQUISITION OF THE S-400 AIR AND MISSILE DEFENSE - SYSTEM. - - (a) Findings and Sense of Congress.-- - (1) Findings.--Congress makes the following findings: - (A) The Government of Turkey acquired the S-400 air - and missile defense system from the Russian Federation - beginning on July 12, 2019. - (B) Such acquisition was facilitated by Turkey's - Presidency of Defense Industries (SSB). - (2) Sense of congress.--It is the sense of Congress that it - is in the national security interest of the United States-- - (A) to deter aggression against North Atlantic - Treaty Organization (NATO) allies by the Russian - Federation or any other adversary; - (B) to continue to work with NATO allies to ensure - they meet their alliance defense commitments, including - through adequate and efficient investments in national - defense; - (C) to work to maintain and strengthen the - democratic institutions and practices of all NATO - allies, in accordance with the goals of Article 2 of - the North Atlantic Treaty; - (D) to ensure that Turkey remains a critical NATO - ally and important military partner for the United - States, contributing to key NATO and United States - missions and providing support for United States - military operations and logistics needs; - (E) to assist NATO allies in acquiring and - deploying modern, NATO-interoperable military equipment - and reducing their dependence on Russian or former - Soviet-era defense articles; - (F) to promote opportunities to strengthen the - capacity of NATO member states to counter Russian - malign influence; and - (G) to enforce fully the Countering America's - Adversaries Through Sanctions Act (Public Law 115-44; - 22 U.S.C. 9401 et seq.), including by imposing - sanctions with respect to any person that the President - determines knowingly engaged in a significant - transaction with a person that is part of, or operates - for or on behalf of, the defense or intelligence - sectors of the Government of the Russian Federation, as - described in section 231 of that Act. - (b) Determination.--The acquisition by the Government of Turkey of -the S-400 air and missile defense system from the Russian Federation -beginning on July 12, 2019, shall constitute a significant transaction -as described in section 231 of the Countering America's Adversaries -Through Sanctions Act (22 U.S.C. 9525). - (c) Sanctions.--Not later than 30 days after the date of the -enactment of this Act, the President shall impose five or more of the -sanctions described in section 235 of the Countering America's -Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to the -Government of Turkey's acquisition of the S-400 air and missile defense -system from the Russian Federation. - (d) Exception Relating to Importation of Goods.-- - (1) In general.--Notwithstanding any other provision of - this section, the authorities and requirements to impose - sanctions under this section shall not include the authority or - a requirement to impose sanctions on the importation of goods. - (2) Good defined.--In this subsection, the term ``good'' - means any article, natural or man-made substance, material, - supply or manufactured product, including inspection and test - equipment, and excluding technical data. - (e) Termination.--The President may terminate the imposition of -sanctions required under this section with respect to a person if the -President submits to the appropriate congressional committees a -certification that-- - (1) the Government of Turkey and any person acting on its - behalf no longer possesses the S-400 air and missile defense - system and no such system or successor system is operated or - maintained by Russian nationals, or persons acting on behalf of - the Government of the Russian Federation, in Turkey; and - (2) the President has received reliable assurances from the - Government of Turkey that the Government of Turkey will not - knowingly engage, or allow any foreign person to engage on its - behalf, in any activity subject to sanctions under section 231 - of the Countering America's Adversaries Through Sanctions Act - in the future. - -SEC. 1293. REPORT ON INCIDENTS OF ARBITRARY DETENTION, VIOLENCE, AND - STATE-SANCTIONED HARASSMENT BY THE GOVERNMENT OF EGYPT - AGAINST UNITED STATES CITIZENS AND THEIR FAMILY MEMBERS - WHO ARE NOT UNITED STATES CITIZENS. - - (a) In General.--Not later than 60 days after the date of the -enactment of this Act, the Secretary of State, in consultation with the -Secretary of Defense, shall submit to the appropriate congressional -committees a report on incidents of arbitrary detention, violence, and -state-sanctioned harassment by the Government of Egypt against United -States citizens and their family members who are not United States -citizens, in both Egypt and in the United States. - (b) Matters To Be Included.--The report required by subsection (a) -shall include the following: - (1) A detailed description of such incidents in the past - three years. - (2) A certification of whether such incidents constitute a - ``pattern of acts of intimidation or harassment'' for purposes - of a Presidential determination in accordance with section 6 of - the Arms Export Control Act (22 U.S.C. 2756). - (3) A statement of the Secretary of State's intent with - regard to cancelling or suspending any letters of offer, - credits, guarantees, or export licenses accorded to the - Government of Egypt in accordance with the provisions of - section 6 of such Act. - (4) Any other actions taken to meaningfully deter incidents - of intimidation or harassment against Americans and their - families by such government's security agencies. - (c) Form.--The report required by subsection (a) shall be submitted -in unclassified form, but the portions of the report described in -paragraphs (2), (3), and (4) of subsection (b) may contain a classified -annex, so long as such annex is provided separately from the -unclassified report. + (1) In general.--Not later than 18 months after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + appropriate congressional committees a report that contains the + assessment and recommendations required by subsection (a). + (2) Form.--The report required by this subsection shall be + submitted in unclassified form, but may contain a classified annex. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- - (1) the Committee on Foreign Affairs and the Committee on - Armed Services of the House of Representatives; and - (2) the Committee on Foreign Relations and the Committee on - Armed Services of the Senate. - -SEC. 1294. ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND. - + (1) the Committee on Foreign Affairs, Committee on Armed + Services, and Permanent Select Committee on Intelligence of the + House of Representatives; and + (2) the Committee on Foreign Relations, Committee on Armed + Services, and Select Committee on Intelligence of the Senate. +SEC. 1299J. REVIEW OF DEPARTMENT OF DEFENSE COMPLIANCE WITH +``PRINCIPLES RELATED TO THE PROTECTION OF MEDICAL CARE PROVIDED BY +IMPARTIAL HUMANITARIAN ORGANIZATIONS DURING ARMED CONFLICTS''. + (a) Review.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committee on Armed Services of the Senate and the Committee on Armed +Services of the House of Representatives any available results of the +review requested on October 3, 2016, by the Secretary of Defense of +compliance of all relevant Department of Defense orders, rules of +engagement, directives, regulations, policies, practices, and +procedures, with the ``Principles Related to the Protection of Medical +Care Provided by Impartial Humanitarian Organizations During Armed +Conflicts''. + (b) Additional Requirement.--The Secretary of Defense shall +continue to ensure that all Department of Defense orders, rules of +engagement, directives, regulations, policies, practices, and +procedures that were reviewed as described in subsection (a), including +any other guidance, training, or standard operating procedures relating +to the protection of health care during armed conflict, are consistent +with the ``Principles Related to the Protection of Medical Care +Provided by Impartial Humanitarian Organizations During Armed +Conflicts''. +SEC. 1299K. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA. + (a) In General.--Prior to the transfer of any vehicles by the +Department of Defense to a joint task force of the Ministry of Defense +or the Ministry of the Interior of Guatemala during fiscal year 2021, +the Secretary of Defense shall certify to the appropriate congressional +committees that such ministries have made a credible commitment to use +such equipment only for the uses for which they were intended. + (b) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on + Appropriations, and the Committee on Foreign Affairs of the House + of Representatives; and + (2) the Committee on Armed Services, the Committee on + Appropriations, and the Committee on Foreign Relations of the + Senate. +SEC. 1299L. FUNCTIONAL CENTER FOR SECURITY STUDIES IN IRREGULAR +WARFARE. + (a) Report Required.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Defense, in consultation + with the Secretary of State, shall submit to the congressional + defense committees a report that assesses the merits and + feasibility of establishing and administering a Department of + Defense Functional Center for Security Studies in Irregular + Warfare. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A description of the benefits to the United States, and + the allies and partners of the United States, of establishing + such a functional center, including the manner in which the + establishment of such a functional center would enhance and + sustain focus on, and advance knowledge and understanding of, + matters of irregular warfare, including cybersecurity, nonstate + actors, information operations, counterterrorism, stability + operations, and the hybridization of such matters. + (B) A detailed description of the mission and purpose of + such a functional center, including applicable policy guidance + from the Office of the Secretary of Defense. + (C) An analysis of appropriate reporting and liaison + relationships between such a functional center and-- + (i) the geographic and functional combatant commands; + (ii) other Department of Defense stakeholders; and + (iii) other government and nongovernment entities and + organizations. + (D) An enumeration and valuation of criteria applicable to + the determination of a suitable location for such a functional + center. + (E) A description of the establishment and operational + costs of such a functional center, including for-- + (i) military construction for required facilities; + (ii) facility renovation; + (iii) personnel costs for faculty and staff; and + (iv) other costs the Secretary of Defense considers + appropriate. + (F) An evaluation of the existing infrastructure, + resources, and personnel available at military installations, + existing regional centers, interagency facilities, and + universities and other academic and research institutions that + could reduce the costs described in subparagraph (E). + (G) An examination of partnership opportunities with United + States allies and partners for potential collaboration and + burden sharing. + (H) A description of potential courses and programs that + such a functional center could carry out, including-- + (i) core, specialized, and advanced courses; + (ii) planning workshops and structured after-action + reviews or debriefs; + (iii) seminars; + (iv) initiatives on executive development, relationship + building, partnership outreach, and any other matter the + Secretary of Defense considers appropriate; and + (v) focused academic research and studies in support of + Department priorities. + (I) A description of any modification to title 10, United + States Code, or any other provision of law, necessary for the + effective establishment and administration of such a functional + center. + (3) Form.--The report required by paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (b) Establishment.-- + (1) In general.--Not earlier than 30 days after the submittal + of the report required by subsection (a), and subject to the + availability of appropriated funds, the Secretary of Defense may + establish and administer a Department of Defense Functional Center + for Security Studies in Irregular Warfare. + (2) Treatment as a regional center for security studies.--A + Department of Defense Functional Center for Security Studies in + Irregular Warfare established under paragraph (1) shall be operated + and administered in the same manner as the Department of Defense + Regional Centers for Security Studies under section 342 of title + 10, United States Code, and in accordance with such regulations as + the Secretary of Defense may prescribe. + (3) Limitation.--No other institution or element of the + Department may be designated as a Department of Defense functional + center, except by an Act of Congress. + (4) Location.--The location of a Department of Defense + Functional Center for Security Studies in Irregular Warfare + established under paragraph (1) shall be selected based on an + objective, criteria-driven administrative or competitive award + process. +SEC. 1299M. UNITED STATES-ISRAEL OPERATIONS-TECHNOLOGY COOPERATION +WITHIN THE UNITED STATES-ISRAEL DEFENSE ACQUISITION ADVISORY GROUP. + (a) Requirement.-- + (1) In general.--The Secretary of Defense, in consultation with + the Secretary of State, shall take actions within the United + States-Israel Defense Acquisition Advisory Group that may be + necessary-- + (A) to systematically evaluate and share potential options + to develop and acquire intelligence-informed military + requirements that directly support warfighting capabilities of + both the Department of Defense and the Ministry of Defense of + Israel; and + (B) to develop, as feasible and advisable, combined United + States-Israel plans to research, develop, procure, and field + weapon systems and military capabilities as quickly and + economically as possible to meet common capability requirements + of the Department and the Ministry of Defense of Israel. + (2) Rule of construction.--Nothing in this subsection shall be + construed as requiring the establishment or termination of any + existing United States defense activity, group, program, or + partnership with Israel. + (b) Bilateral Coordination.--To enhance cooperation and encourage +military-to-military engagement on operations and technology, the +Secretary of Defense, in consultation with other appropriate Cabinet +members, shall take appropriate actions to consult and cooperate with +the Government of Israel on the requirements. + (c) Establishment of Working Group Within the United States-Israel +Defense Acquisition Advisory Group.--The Secretary of Defense, in +consultation with the appropriate heads of other Federal agencies, may +establish, under the United States vice chairman of the United States- +Israel Defense Acquisition Advisory Group, a working group to address +operations and technology matters described in subsection (a)(1). + (d) Reports.-- + (1) In general.--Not later than March 15 each year through + 2025, the Secretary of Defense, in consultation with the Secretary + of State, shall submit to the appropriate committees of Congress a + report on any actions taken by the Secretary of Defense pursuant to + the requirements in subsection (a)(1). + (2) Elements.--Each report required by paragraph (1) shall + include the following: + (A) A description of any science and technology effort or + research, development, test, and evaluation effort considered, + facilitated, or recommended by the United States-Israel Defense + Acquisition Advisory Group, including any effort that results + in a United States or Israel program of record. + (B) A description of military capabilities the United + States-Israel Defense Acquisition Advisory Group has determined + should be pursued through a defense cooperation effort between + the Government of the United States and the Government of + Israel. + (C) A description of any science and technology effort or + research, development, test, and evaluation effort facilitated + and recommended by the United States-Israel Defense Acquisition + Advisory Group, in support of the development of the military + capabilities referred to in subparagraph (B), including any + effort that results in a United States or Israel program of + record. + (D) A description of any obstacle or challenge associated + with an effort described in subparagraph (B) and the plan of + the United States-Israel Defense Acquisition Advisory Group to + address such obstacle or challenge. + (E) A description of the efforts of the United States- + Israel Defense Acquisition Advisory Group to prevent the + People's Republic of China or the Russian Federation from + obtaining intellectual property or military technology + associated with combined United States and Israel science and + technology efforts and research, development, test, and + evaluation efforts. + (F) A list of potential areas the United States-Israel + Defense Acquisition Advisory Group is considering for + cooperation on defense issues. + (G) A description of any authority or authorization of + appropriations required for the United States-Israel Defense + Acquisition Advisory Group to carry out the purposes described + in subsection (a)(1). + (3) Form.--Each report required by paragraph (1) shall be + submitted in unclassified form and shall include a classified annex + in which the elements required under subparagraphs (B) and (E) of + paragraph (2) and any additional classified information, as + determined by the Secretary of Defense, shall be addressed. + (e) Appropriate Committees of Congress Defined.--In this +subsection, the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on Foreign + Relations, and the Select Committee on Intelligence of the Senate; + and + (2) the Committee on Armed Services, the Committee on Foreign + Affairs, and the Permanent Select Committee on Intelligence of the + House of Representatives. +SEC. 1299N. PAYMENT OF PASSPORT FEES FOR CERTAIN INDIVIDUALS. + Subsection (c) of section 452 of title 37, 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) Passport and visa fees required for foreign travel.''. +SEC. 1299O. RESUMPTION OF PEACE CORPS OPERATIONS. + Not later than 90 days after the date of enactment of this Act, the +Director of the Peace Corps shall submit to the Committee on Foreign +Relations of the Senate and the Committee on Foreign Affairs of the +House of Representatives a report that describes the efforts of the +Peace Corps to-- + (1) offer a return to service to each Peace Corps volunteer and + trainee whose service ended on March 15, 2020 (or earlier, in the + case of volunteers who were serving in China or Mongolia), due to + the COVID-19 public health emergency; + (2) obtain approval from countries, to the extent safe and + appropriate, to return volunteers and trainees to countries of + service, predicated on the ability for volunteers and trainees to + return safely and legally; + (3) provide adequate measures necessary for the safety and + health of volunteers and trainees and develop contingency plans in + the event overseas operations are disrupted by future COVID-19 + outbreaks; + (4) develop and maintain a robust volunteer cohort; and + (5) identify any need for anticipated additional appropriations + or new statutory authorities and the changes in global conditions + that would be necessary to achieve the goal of safely enrolling + 7,300 Peace Corps volunteers during the 1-year period beginning on + the date on which Peace Corps operations resume. +SEC. 1299P. ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND. (a) Sense of Congress.--It is the sense of Congress that it is in the interest of the United States to promote global internet freedom by countering internet censorship and repressive surveillance and protect @@ -31291,151 +34665,141 @@ authoritarian regimes. (b) Establishment.--The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after section 309 the following new section: - ``SEC. 309A. OPEN TECHNOLOGY FUND. - ``(a) Authority.-- - ``(1) In general.--Grants authorized under section 305 - shall be available to make annual grants for the purpose of - promoting, consistent with United States law, unrestricted - access to uncensored sources of information via the internet to - enable journalists, including journalists employed by or - affiliated with the Voice of America, Radio Free Europe/Radio - Liberty, Radio Free Asia, the Middle East Broadcasting - Networks, the Office of Cuba Broadcasting, or any entity funded - by or partnering with the United States Agency for Global - Media, to create and disseminate, and for their audiences to - receive, news and information consistent with the purposes, - standards, and principles specified in sections 302 and 303. - ``(2) Establishment.--There is established a grantee entity - to be known as the `Open Technology Fund', which shall carry - out the provisions of this section. + ``(1) In general.--Grants authorized under section 305 shall be + available to make annual grants for the purpose of promoting, + consistent with United States law, unrestricted access to + uncensored sources of information via the internet to enable + journalists, including journalists employed by or affiliated with + the Voice of America, Radio Free Europe/Radio Liberty, Radio Free + Asia, the Middle East Broadcasting Networks, the Office of Cuba + Broadcasting, or any entity funded by or partnering with the United + States Agency for Global Media, to create and disseminate, and for + their audiences to receive, news and information consistent with + the purposes, standards, and principles specified in sections 302 + and 303. + ``(2) Establishment.--There is established a grantee entity to + be known as the `Open Technology Fund', which shall carry out the + provisions of this section. ``(b) Functions of the Grantee.--In furtherance of the mission set forth in subsection (a), the Open Technology Fund shall seek to advance freedom of the press and unrestricted access to the internet in repressive environments oversees, and shall-- - ``(1) research, develop, implement, and maintain-- - ``(A) technologies that circumvent techniques used - by authoritarian governments, nonstate actors, and - others to block or censor access to the internet, - including circumvention tools that bypass internet - blocking, filtering, and other censorship techniques - used to limit or block legitimate access to content and - information; and - ``(B) secure communication tools and other forms of - privacy and security technology that facilitate the - creation and distribution of news and enable audiences - to access media content on censored websites; - ``(2) advance internet freedom by supporting private and - public sector research, development, implementation, and - maintenance of technologies that provide secure and uncensored - access to the internet to counter attempts by authoritarian - governments, nonstate actors, and others to improperly restrict - freedom online; - ``(3) research and analyze emerging technical threats and - develop innovative solutions through collaboration with the - private and public sectors to maintain the technological - advantage of the United States Government over authoritarian - governments, nonstate actors, and others; - ``(4) develop, acquire, and distribute requisite internet - freedom technologies and techniques for the United States - Agency for Global Media, including as set forth in paragraph - (1), and digital security interventions, to fully enable the - creation and distribution of digital content between and to all - users and regional audiences; - ``(5) prioritize programs for countries the governments of - which restrict freedom of expression on the internet, and that - are important to the national interest of the United States, - and are consistent with section 7050(b)(2)(C) of the Further - Consolidated Appropriations Act, 2020 (Public Law 116-94); and - ``(6) carry out any other effort consistent with the - purposes of this Act or press freedom overseas if requested or - approved by the United States Agency for Global Media. + ``(1) research, develop, implement, and maintain-- + ``(A) technologies that circumvent techniques used by + authoritarian governments, nonstate actors, and others to block + or censor access to the internet, including circumvention tools + that bypass internet blocking, filtering, and other censorship + techniques used to limit or block legitimate access to content + and information; and + ``(B) secure communication tools and other forms of privacy + and security technology that facilitate the creation and + distribution of news and enable audiences to access media + content on censored websites; + ``(2) advance internet freedom by supporting private and public + sector research, development, implementation, and maintenance of + technologies that provide secure and uncensored access to the + internet to counter attempts by authoritarian governments, nonstate + actors, and others to improperly restrict freedom online; + ``(3) research and analyze emerging technical threats and + develop innovative solutions through collaboration with the private + and public sectors to maintain the technological advantage of the + United States Government over authoritarian governments, nonstate + actors, and others; + ``(4) develop, acquire, and distribute requisite internet + freedom technologies and techniques for the United States Agency + for Global Media, including as set forth in paragraph (1), and + digital security interventions, to fully enable the creation and + distribution of digital content between and to all users and + regional audiences; + ``(5) prioritize programs for countries the governments of + which restrict freedom of expression on the internet, and that are + important to the national interest of the United States, and are + consistent with section 7050(b)(2)(C) of the Further Consolidated + Appropriations Act, 2020 (Public Law 116-94); and + ``(6) carry out any other effort consistent with the purposes + of this Act or press freedom overseas if requested or approved by + the United States Agency for Global Media. ``(c) Methodology.--In carrying out subsection (b), the Open Technology Fund shall-- - ``(1) support fully open-source tools, code, and - components, to the extent practicable, to ensure such supported - tools and technologies are as secure, transparent, and - accessible as possible, and require that any such tools, - components, code, or technology supported by the Open - Technology Fund remain fully open-source, to the extent - practicable; - ``(2) support technologies that undergo comprehensive - security audits to ensure that such technologies are secure and - have not been compromised in a manner detrimental to the - interest of the United States or to individuals and - organizations benefitting from programs supported by the Open - Technology Fund; - ``(3) review and update periodically as necessary security - auditing procedures used by the Open Technology Fund to reflect - current industry security standards; - ``(4) establish safeguards to mitigate the use of such - supported technologies for illicit purposes; - ``(5) solicit project proposals through an open, - transparent, and competitive application process to attract - innovative applications and reduce barriers to entry; - ``(6) seek input from technical, regional, and subject - matter experts from a wide range of relevant disciplines, to - review, provide feedback, and evaluate proposals to ensure the - most competitive projects are funded; - ``(7) implement an independent review process, through - which proposals are reviewed by such experts to ensure the - highest degree of technical review and due diligence; - ``(8) maximize cooperation with the public and private - sectors, as well as foreign allies and partner countries, to - maximize efficiencies and eliminate duplication of efforts; and - ``(9) utilize any other methodology approved by the United - States Agency for Global Media in furtherance of the mission of - the Open Technology Fund. + ``(1) support fully open-source tools, code, and components, to + the extent practicable, to ensure such supported tools and + technologies are as secure, transparent, and accessible as + possible, and require that any such tools, components, code, or + technology supported by the Open Technology Fund remain fully open- + source, to the extent practicable; + ``(2) support technologies that undergo comprehensive security + audits to ensure that such technologies are secure and have not + been compromised in a manner detrimental to the interest of the + United States or to individuals and organizations benefitting from + programs supported by the Open Technology Fund; + ``(3) review and update periodically as necessary security + auditing procedures used by the Open Technology Fund to reflect + current industry security standards; + ``(4) establish safeguards to mitigate the use of such + supported technologies for illicit purposes; + ``(5) solicit project proposals through an open, transparent, + and competitive application process to attract innovative + applications and reduce barriers to entry; + ``(6) seek input from technical, regional, and subject matter + experts from a wide range of relevant disciplines, to review, + provide feedback, and evaluate proposals to ensure the most + competitive projects are funded; + ``(7) implement an independent review process, through which + proposals are reviewed by such experts to ensure the highest degree + of technical review and due diligence; + ``(8) maximize cooperation with the public and private sectors, + as well as foreign allies and partner countries, to maximize + efficiencies and eliminate duplication of efforts; and + ``(9) utilize any other methodology approved by the United + States Agency for Global Media in furtherance of the mission of the + Open Technology Fund. ``(d) Grant Agreement.--Any grant agreement with or grants made to the Open Technology Fund under this section shall be subject to the following limitations and restrictions: - ``(1) The headquarters of the Open Technology Fund and its - senior administrative and managerial staff shall be located in - a location which ensures economy, operational effectiveness, - and accountability to the United States Agency for Global - Media. - ``(2) Grants awarded under this section shall be made - pursuant to a grant agreement which requires that grant funds - be used only for activities consistent with this section, and - that failure to comply with such requirements shall permit the - grant to be terminated without fiscal obligation to the United - States. - ``(3) Any grant agreement under this section shall require - that any contract entered into by the Open Technology Fund - shall specify that all obligations are assumed by the grantee - and not by the United States Government. - ``(4) Any grant agreement under this section shall require - that any lease agreements entered into by the Open Technology - Fund shall be, to the maximum extent possible, assignable to - the United States Government. - ``(5) Administrative and managerial costs for operation of - the Open Technology Fund should be kept to a minimum and, to - the maximum extent feasible, should not exceed the costs that - would have been incurred if the Open Technology Fund had been - operated as a Federal entity rather than as a grantee. - ``(6) Grant funds may not be used for any activity the - purpose of which is influencing the passage or defeat of - legislation considered by Congress. + ``(1) The headquarters of the Open Technology Fund and its + senior administrative and managerial staff shall be located in a + location which ensures economy, operational effectiveness, and + accountability to the United States Agency for Global Media. + ``(2) Grants awarded under this section shall be made pursuant + to a grant agreement which requires that grant funds be used only + for activities consistent with this section, and that failure to + comply with such requirements shall permit the grant to be + terminated without fiscal obligation to the United States. + ``(3) Any grant agreement under this section shall require that + any contract entered into by the Open Technology Fund shall specify + that all obligations are assumed by the grantee and not by the + United States Government. + ``(4) Any grant agreement under this section shall require that + any lease agreements entered into by the Open Technology Fund shall + be, to the maximum extent possible, assignable to the United States + Government. + ``(5) Administrative and managerial costs for operation of the + Open Technology Fund should be kept to a minimum and, to the + maximum extent feasible, should not exceed the costs that would + have been incurred if the Open Technology Fund had been operated as + a Federal entity rather than as a grantee. + ``(6) Grant funds may not be used for any activity the purpose + of which is influencing the passage or defeat of legislation + considered by Congress. ``(e) Relationship to the United States Agency for Global Media.-- - ``(1) In general.--The Open Technology Fund shall be - subject to the same oversight and governance by the United - States Agency for Global Media as other grantees of the Agency - as set forth in section 305. - ``(2) Assistance.--The United States Agency for Global - Media, its broadcast entities, and the Open Technology Fund - should render assistance to each other as may be necessary to - carry out the purposes of this section or any other provision - of this Act. - ``(3) Not a federal agency or instrumentality.--Nothing in - this section may be construed to make the Open Technology Fund - a Federal agency or instrumentality. - ``(4) Detailees.--Under the Intergovernmental Personnel - Act, employees of a grantee of the United States Agency for - Global Media may be detailed to the Agency, and Federal - employees may be detailed to a grantee of the United States - Agency for Global Media. - ``(f) Relationship to Other United States Government-Funded + ``(1) In general.--The Open Technology Fund shall be subject to + the same oversight and governance by the United States Agency for + Global Media as other grantees of the Agency as set forth in + section 305. + ``(2) Assistance.--The United States Agency for Global Media, + its broadcast entities, and the Open Technology Fund should render + assistance to each other as may be necessary to carry out the + purposes of this section or any other provision of this Act. + ``(3) Not a federal agency or instrumentality.--Nothing in this + section may be construed to make the Open Technology Fund a Federal + agency or instrumentality. + ``(4) Detailees.--Under the Intergovernmental Personnel Act, + employees of a grantee of the United States Agency for Global Media + may be detailed to the Agency, and Federal employees may be + detailed to a grantee of the United States Agency for Global Media. + ``(f) Relationship to Other United States Government-funded Internet Freedom Programs.--The United States Agency for Global Media shall ensure that internet freedom research and development projects of the Open Technology Fund are coordinated with internet freedom programs @@ -31443,71 +34807,69 @@ of the Department of State and other relevant United States Government departments, in order to share information and best-practices relating to the implementation of subsections (b) and (c). ``(g) Reporting Requirements.-- - ``(1) Annual report.--The Open Technology Fund shall - highlight, in its annual report, internet freedom activities, - including a comprehensive assessment of the Open Technology - Fund's activities relating to the implementation of subsections - (b) and (c). Each such report shall include the following: - ``(A) An assessment of the current state of global - internet freedom, including trends in censorship and - surveillance technologies and internet shutdowns, and - the threats such pose to journalists, citizens, and - human rights and civil-society organizations. - ``(B) A description of the technology projects - supported by the Open Technology Fund and the - associated impact of such projects in the prior year, - including the countries and regions in which such - technologies were deployed, and any associated metrics - indicating audience usage of such technologies, as well - as future-year technology project initiatives. - ``(2) Assessment of the effectiveness of the open - technology fund.--Not later than 2 years after the date of the - enactment of this section, the Inspector General of the - Department of State and the Foreign Service shall submit to the - appropriate congressional committees a report on the following: - ``(A) Whether the Open Technology Fund is - technically sound and cost effective. - ``(B) Whether the Open Technology Fund is - satisfying the requirements of this section. - ``(C) The extent to which the interests of the - United States are being served by maintaining the work - of the Open Technology Fund. - ``(h) Audit Authorities.-- - ``(1) In general.--Financial transactions of the Open - Technology Fund, as such relate to functions carried out under - this section, may be audited by the Government Accountability - Office in accordance with such principles and procedures and - under such rules and regulations as may be prescribed by the - Comptroller General of the United States. Any such audit shall - be conducted at the place or places at which accounts of the - Open Technology Fund are normally kept. - ``(2) Access by gao.--The Government Accountability Office - shall have access to all books, accounts, records, reports, - files, papers, and property belonging to or in use by the Open - Technology Fund pertaining to financial transactions as may be - necessary to facilitate an audit. The Government Accountability - Office shall be afforded full facilities for verifying - transactions with any assets held by depositories, fiscal - agents, and custodians. All such books, accounts, records, - reports, files, papers, and property of the Open Technology - Fund shall remain in the possession and custody of the Open + ``(1) Annual report.--The Open Technology Fund shall highlight, + in its annual report, internet freedom activities, including a + comprehensive assessment of the Open Technology Fund's activities + relating to the implementation of subsections (b) and (c). Each + such report shall include the following: + ``(A) An assessment of the current state of global internet + freedom, including trends in censorship and surveillance + technologies and internet shutdowns, and the threats such pose + to journalists, citizens, and human rights and civil-society + organizations. + ``(B) A description of the technology projects supported by + the Open Technology Fund and the associated impact of such + projects in the prior year, including the countries and regions + in which such technologies were deployed, and any associated + metrics indicating audience usage of such technologies, as well + as future-year technology project initiatives. + ``(2) Assessment of the effectiveness of the open technology + fund.--Not later than two years after the date of the enactment of + this section, the Inspector General of the Department of State and + the Foreign Service shall submit to the appropriate congressional + committees a report on the following: + ``(A) Whether the Open Technology Fund is technically sound + and cost effective. + ``(B) Whether the Open Technology Fund is satisfying the + requirements of this section. + ``(C) The extent to which the interests of the United + States are being served by maintaining the work of the Open Technology Fund. - ``(3) Exercise of authorities.--Notwithstanding any other - provision of law, the Inspector General of the Department of - State and the Foreign Service is authorized to exercise the - authorities of the Inspector General Act of 1978 with respect - to the Open Technology Fund.''. + ``(h) Audit Authorities.-- + ``(1) In general.--Financial transactions of the Open + Technology Fund, as such relate to functions carried out under this + section, may be audited by the Government Accountability Office in + accordance with such principles and procedures and under such rules + and regulations as may be prescribed by the Comptroller General of + the United States. Any such audit shall be conducted at the place + or places at which accounts of the Open Technology Fund are + normally kept. + ``(2) Access by gao.--The Government Accountability Office + shall have access to all books, accounts, records, reports, files, + papers, and property belonging to or in use by the Open Technology + Fund pertaining to financial transactions as may be necessary to + facilitate an audit. The Government Accountability Office shall be + afforded full facilities for verifying transactions with any assets + held by depositories, fiscal agents, and custodians. All such + books, accounts, records, reports, files, papers, and property of + the Open Technology Fund shall remain in the possession and custody + of the Open Technology Fund. + ``(3) Exercise of authorities.--Notwithstanding any other + provision of law, the Inspector General of the Department of State + and the Foreign Service is authorized to exercise the authorities + of the Inspector General Act of 1978 with respect to the Open + Technology Fund.''. (c) Conforming Amendments.--The United States International Broadcasting Act of 1994 is amended-- - (1) in section 304(d) (22 U.S.C. 6203(d)), by inserting - ``the Open Technology Fund,'' before ``the Middle East - Broadcasting Networks''; - (2) in sections 305 and 310 (22 U.S.C. 6204 and 6209), by - inserting ``the Open Technology Fund,'' before ``or the Middle - East Broadcasting Networks'' each place such term appears; and - (3) in section 310 (22 U.S.C. 6209), by inserting ``the - Open Technology Fund,'' before ``and the Middle East - Broadcasting Networks'' each place such term appears. + (1) in section 304(d) (22 U.S.C. 6203(d)), by inserting ``the + Open Technology Fund,'' before ``the Middle East Broadcasting + Networks''; + (2) in sections 305 and 310 (22 U.S.C. 6204 and 6209), by + inserting ``the Open Technology Fund,'' before ``or the Middle East + Broadcasting Networks'' each place such term appears; and + (3) in section 310 (22 U.S.C. 6209), by inserting ``the Open + Technology Fund,'' before ``and the Middle East Broadcasting + Networks'' each place such term appears. (d) Authorization of Appropriations.--There is authorized to be appropriated for the Open Technology Fund $25,000,000 for fiscal year 2022 to carry out section 309A of the United States International @@ -31516,4318 +34878,721 @@ Broadcasting Act of 1994, as added by subsection (b) of this section. International Broadcasting Act of 1994 (as added by subsection (b) of this section) and subsections (c) and (d) of this section shall take effect and apply beginning on July 1, 2021. +SEC. 1299Q. UNITED STATES AGENCY FOR GLOBAL MEDIA. + (a) Sense of Congress.--It is the sense of Congress that the Office +of Cuba Broadcasting should-- + (1) remain an independent entity of the United States Agency + for Global Media; and + (2) continue taking steps to ensure that the Office is + fulfilling its core mission of promoting freedom and democracy by + providing the people of Cuba with objective news and information + programming. + (b) Standards and Principles.--Section 303 of the United States +International Broadcasting Act of 1994 (22 U.S.C. 6202) is amended-- + (1) in subsection (a), by inserting ``, including editorial + independence'' before the semicolon at the end; and + (2) in subsection (b), by inserting ``, including editorial + independence,'' after ``programing''. + (c) Authorities of the Chief Executive Officer; Limitation on +Corporate Leadership of Grantees.--Section 305 of the United States +International Broadcasting Act of 1994 (22 U.S.C. 6204) is amended-- + (1) in subsection (a)-- + (A) in paragraph (20), by inserting ``in accordance with + subsection (c)'' before the period at the end; + (B) in paragraph (21)-- + (i) by striking ``including with Federal officials,''; + and + (ii) by inserting ``in accordance with subsection (c)'' + before the period at the end; + (C) by adding at the end the following new paragraph: + ``(23) To-- + ``(A) require annual content reviews of each language + service of Voice of America, The Office of Cuba Broadcasting, + and each grantee network, consisting of a review of at least 10 + percent of available unique weekly content from any selected + week from the previous year, which shall be conducted, to the + extent practicable, by fluent language speakers and experts + without direct affiliation to the language service being + reviewed, who are seeking any evidence of inappropriate or + unprofessional content, which shall be submitted to the Office + of Policy Research, the head and Board of the respective + language service, and the Chief Executive Officer; + ``(B) submit to the appropriate congressional committees a + list of anomalous reports, 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 + ``(C) launch a review, using external, native-language and + regional experts, the results of which are to be reported to + the appropriate congressional committees, if a widespread + pattern of violations of the principles, standards, or + journalistic code of ethics of a language service or grantee + network has been identified.''; and + (2) by adding at the end the following new subsection: + ``(c) Limitation on Corporate Leadership of Grantees.-- + ``(1) In general.--The Chief Executive Officer may not award + any grant under subsection (a) to RFE/RL, Inc., Radio Free Asia, + the Middle East Broadcasting Networks, the Open Technology Fund, or + any other grantee authorized under this title (collectively + referred to as `Agency Grantee Networks') unless the incorporation + documents of any such grantee require that the corporate leadership + and Board of Directors of such grantee be selected in accordance + with this Act. + ``(2) Conflicts of interest.-- + ``(A) Chief executive officer.--The Chief Executive Officer + may not serve on any of the corporate boards of any grantee + under subsection (a). + ``(B) Federal employees.--A full-time employee of a Federal + agency may not serve on a corporate board of any grantee under + subsection (a). + ``(3) Qualifications of grantee board members.--Individuals + appointed under subsection (a) to the Board of Directors of any of + the Agency Grantee Networks shall have requisite expertise in + journalism, technology, broadcasting, or diplomacy, or appropriate + language or cultural understanding relevant to the grantee's + mission.''. + (d) International Broadcasting Advisory Board.--Section 306 of the +United States International Broadcasting Act of 1994 (22 U.S.C. 6205) +is amended-- + (1) by striking subsections (a) through (c) and inserting the + following: + ``(a) In General.--The International Broadcasting Advisory Board +(referred to in this section as the `Advisory Board') shall advise the +Chief Executive Officer of the United States Agency for Global Media, +as appropriate. The Advisory Board as established shall exist within +the executive branch as an entity described in section 104 of title 5, +United States Code. + ``(b) Composition of the Advisory Board.-- + ``(1) In general.--The Advisory Board shall consist of seven + members, of whom-- + ``(A) six shall be appointed by the President, by and with + the advice and consent of the Senate, in accordance with + subsection (c); and + ``(B) one shall be the Secretary of State. + ``(2) Chair.--The President shall designate, with the advice + and consent of the Senate, one of the members appointed under + paragraph (1)(A) as Chair of the Advisory Board. + ``(3) Party limitation.--Not more than three members of the + Advisory Board appointed under paragraph (1)(A) may be affiliated + with the same political party. + ``(4) Terms of office.-- + ``(A) In general.--Except as provided in subparagraph (B), + members of the Advisory Board shall serve for a single term of + 4 years, except that, of the first group of members appointed + under paragraph (1)(A)-- + ``(i) two members who are not affiliated with the same + political party, shall be appointed for terms ending on the + date that is 2 years after the date of the enactment of the + U.S. Agency for Global Media Reform Act; + ``(ii) two members who are not affiliated with the same + political party, shall be appointed for terms ending on the + date that is 4 years after the date of the enactment of the + U.S. Agency for Global Media Reform Act; and + ``(iii) two members who are not affiliated with the + same political party, shall be appointed for terms ending + on the date that is 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 continue to serve as a member of the Advisory + Board until a qualified successor has been appointed and + confirmed by the Senate. + ``(D) Secretary of state.--When there is a vacancy in the + office of Secretary of State, the Acting Secretary of State + shall serve as a member of the Advisory Board until a new + Secretary of State is appointed.''; + (2) by redesignating subsection (d) as subsection (c); + (3) by amending subsection (c), as redesignated-- + (A) in the subsection heading, by inserting ``ADVISORY'' + before ``BOARD''; and + (B) in paragraph (2), by inserting ``who are'' before + ``distinguished''; and + (4) by striking subsections (e) and (f) and inserting the + following new subsections: + ``(d) Functions of the Advisory Board.--The members of the Advisory +Board shall-- + ``(1) provide the Chief Executive Officer of the United States + Agency for Global Media with advice and recommendations for + improving the effectiveness and efficiency of the Agency and its + programming; + ``(2) meet with the Chief Executive Officer at least four times + annually, including twice in person as practicable, and at + additional meetings at the request of the Chief Executive Officer + or the Chair of the Advisory Board; + ``(3) report periodically, or upon request, to the + congressional committees specified in subsection (c)(2) regarding + its advice and recommendations for improving the effectiveness and + efficiency of the United States Agency for Global Media and its + programming; + ``(4) obtain information from the Chief Executive Officer, as + needed, for the purposes of fulfilling the functions described in + this subsection; + ``(5) consult with the Chief Executive Officer regarding budget + submissions and strategic plans before they are submitted to the + Office of Management and Budget or to Congress; + ``(6) advise the Chief Executive Officer to ensure that-- + ``(A) the Chief Executive Officer fully respects the + professional integrity and editorial independence of United + States Agency for Global Media broadcasters, networks, and + grantees; and + ``(B) agency networks, broadcasters, and grantees adhere to + the highest professional standards and ethics of journalism, + including taking necessary actions to uphold professional + standards to produce consistently reliable and authoritative, + accurate, objective, and comprehensive news and information; + and + ``(7) provide other strategic input to the Chief Executive + Officer. + ``(e) Appointment of Heads of Networks.-- + ``(1) In general.--The heads of Voice of America, the Office of + Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the Middle East + Broadcasting Networks, the Open Technology Fund, or of any other + grantee authorized under this title may only be appointed or + removed if such action has been approved by a majority vote of the + Advisory Board. + ``(2) Removal.--After consulting with the Chief Executive + Officer, five or more members of the Advisory Board may + unilaterally remove any such head of network or grantee network + described in paragraph (1). + ``(3) Quorum.-- + ``(A) In general.--A quorum shall consist of four members + of the Advisory Board (excluding the Secretary of State). + ``(B) Decisions.--Except as provided in paragraph (2), + decisions of the Advisory Board shall be made by majority vote, + a quorum being present. + ``(C) Closed sessions.--The Advisory Board may meet in + closed sessions in accordance with section 552b of title 5, + United States Code. + ``(f) Compensation.-- + ``(1) In general.--Members of the Advisory Board, while + attending meetings of the Advisory Board or while engaged in duties + relating to such meetings or in other activities of the Advisory + Board under this section (including travel time) shall be entitled + to receive compensation equal to the daily equivalent of the + compensation prescribed for level IV of the Executive Schedule + under section 5315 of title 5, United States Code. + ``(2) Travel expenses.--While away from their homes or regular + places of business, members of the Board may be allowed travel + expenses, including per diem in lieu of subsistence, as authorized + under section 5703 of such title for persons in the Government + service employed intermittently. + ``(3) Secretary of state.--The Secretary of State is not + entitled to any compensation under this title, but may be allowed + travel expenses in accordance with paragraph (2). + ``(g) Support Staff.--The Chief Executive Officer shall, from +within existing United States Agency for Global Media personnel, +provide the Advisory Board with an Executive Secretary and such +administrative staff and support as may be necessary to enable the +Advisory Board to carry out subsections (d) and (e).''. + (e) Conforming Amendments.--The United States International +Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended-- + (1) in section 304-- + (A) in the section heading, by striking ``broadcasting + board of governors'' and inserting ``united states agency for + global media''; + (B) in subsection (a), by striking ``Broadcasting Board of + Governors'' and inserting ``United States Agency for Global + Media''; + (C) in subsection (b)(1), by striking ``Broadcasting Board + of Governors'' and inserting ``United States Agency for Global + Media''; and + (D) in subsection (c), by striking ``Board'' each place + such term appears and inserting ``Agency''; + (2) in section 305-- + (A) in subsection (a)-- + (i) in paragraph (6), by striking ``Board'' and + inserting ``Agency''; + (ii) in paragraph (13), by striking ``Board'' and + inserting ``Agency''; + (iii) in paragraph (20), by striking ``Board'' and + inserting ``Agency''; and + (iv) in paragraph (22), by striking ``Board'' and + inserting ``Agency''; + (B) in subsection (b), by striking ``Board'' each place + such term appears and inserting ``Agency''; + (3) in section 308-- + (A) in subsection (a), in the matter preceding paragraph + (1), by striking ``Board'' and inserting ``Agency''; + (B) in subsection (b), by striking ``Board'' each place + such term appears and inserting ``Agency''; + (C) in subsection (d), by striking ``Board'' and inserting + ``Agency''; + (D) in subsection (g), by striking ``Board'' each place + such term appears and inserting ``Agency''; + (E) in subsection (h)(5), by striking ``Board'' and + inserting ``Agency''; and + (F) in subsection (i), in the first sentence, by striking + ``Board'' and inserting ``Agency''; + (4) in section 309-- + (A) in subsection (c)(1), by striking ``Board'' each place + such term appears and inserting ``Agency''; + (B) in subsection (e), in the matter preceding paragraph + (1), by striking ``Board'' and inserting ``Agency''; + (C) in subsection (f), by striking ``Board'' each place + such term appears and inserting ``Agency''; and + (D) in subsection (g), by striking ``Board'' and inserting + ``Agency''; + (5) in section 310(d), by striking ``Board'' and inserting + ``Agency''; + (6) in section 310A(a), by striking ``Broadcasting Board of + Governors'' and inserting ``United States Agency for Global + Media''; + (7) in section 310B, by striking ``Board'' and inserting + ``Agency''; + (8) by striking section 312; + (9) in section 313(a), in the matter preceding paragraph (1), + by striking ``Board'' and inserting ``Agency''; + (10) in section 314-- + (A) by striking ``(4) the terms `Board and Chief Executive + Officer of the Board' means the Broadcasting Board of + Governors'' and inserting the following: + ``(2) the terms `Agency' and `Chief Executive Officer of the + Agency' mean the United States Agency for Global Media and the + Chief Executive Officer of the United States Agency for Global + Media, respectively,''; and + (B) in paragraph (3)-- + (i) by striking ``includes--'' and inserting ``means + the corporation having the corporate title described in + section 308''; and + (ii) by striking subparagraphs (A) and (B); and + (11) in section 316-- + (A) in subsection (a)(1), by striking ``Broadcasting Board + of Governors'' and inserting ``United States Agency for Global + Media''; and + (B) in subsection (c), by striking ``Broadcasting Board of + Governors'' and inserting ``United States Agency for Global + Media''. + (f) Savings Provisions.--Section 310 of the United States +International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended by +adding at the end the following new subsections: + ``(f) Maintenance of Proprietary Information.--No consolidation of +grantees authorized under subsection (a) involving any grantee shall +result in any legal transfer of ownership of any proprietary +information or intellectual property to the United State Agency for +Global Media or any other Federal entity. + ``(g) Rule of Construction.--No consolidation of grantees +authorized under subsection (a) shall result in the consolidation of +the Open Technology Fund or any successor entity with any other +grantee.''. +SEC. 1299R. LEVERAGING INFORMATION ON FOREIGN TRAFFICKERS. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the annual Trafficking In Persons Report prepared by the + Department of State pursuant to the Trafficking Victims Protection + Act of 2000 (the ``TIP Report'') remains one of the most + comprehensive, timely, and important sources of information on + human trafficking in the world, and currently includes 187 + individual country narratives; + (2) in January 2019, the statute mandating the TIP Report was + amended to require that each report must cover efforts and + activities occurring within the period from April 1 of the prior + year through March 31 of the current year, which necessarily + requires the collection and transmission of information after March + 31; + (3) ensuring that the Department of State has adequate time to + receive, analyze, and incorporate trafficking-related information + into its annual Trafficking In Persons Report is important to the + quality and comprehensiveness of that report; + (4) information regarding prevalence and patterns of human + trafficking is important for understanding the scourge of modern + slavery and making effective decisions about where and how to + combat it; and + (5) United States officials responsible for monitoring and + combating trafficking in persons around the world should receive + available information regarding where and how often United States + diplomatic and consular officials encounter persons who are + responsible for, or who knowingly benefit from, severe forms of + trafficking in persons. + (b) Annual Deadline for Trafficking in Persons Report.--Section +110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. +7107(b)(1)) is amended by striking ``June 1'' and inserting ``June +30''. + (c) United States Advisory Council on Human Trafficking.-- + (1) Extension.--Section 115(h) of the Justice for Victims of + Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is + amended by striking ``September 30, 2021'' and inserting + ``September 30, 2025''. + (2) Compensation.--Section 115(f) of the Justice for Victims of + Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is + amended-- + (A) in paragraph (1), by striking ``and'' after the + semicolon at the end; + (B) in paragraph (2), by striking the period at end and + inserting ``; and''; and + (C) by adding at the end the following new paragraph: + ``(3) may each receive compensation for each day such member is + engaged in the actual performance of the duties of the Council.''. + (3) Compensation report.--Not later than 120 days after the + date of the enactment of this Act, the Secretary of State shall + provide to the relevant congressional committees a plan to + implement compensation for members of the United States Advisory + Council on Human Trafficking pursuant to paragraph (3) of section + 115(f) of the Justice for Victims of Trafficking Act of 2015 + (Public Law 114-22; 129 Stat. 243), as added by paragraph (2). + (d) Timely Provision of Information to the Office to Monitor and +Combat Trafficking in Persons of the Department of State.-- + (1) In general.--Section 106 of the Trafficking Victims + Protection Act of 2000 (22 U.S.C. 7104) is amended by adding at the + end the following new subsection: + ``(l) Information Regarding Human Trafficking-Related Visa +Denials.-- + ``(1) In general.--The Secretary of State shall ensure that the + Office to Monitor and Combat Trafficking in Persons and the Bureau + of Diplomatic Security of the Department of State receive timely + and regular information regarding United States visa denials based, + in whole or in part, on grounds related to human trafficking. + ``(2) Decisions regarding allocation.--The Secretary of State + shall ensure that decisions regarding the allocation of resources + of the Department of State related to combating human trafficking + and to law enforcement presence at United States diplomatic and + consular posts appropriately take into account-- + ``(A) the information described in paragraph (1); and + ``(B) the information included in the most recent report + submitted in accordance with section 110(b).''. + (2) Conforming amendment.--Section 103 of the Trafficking + Victims Protection Act of 2000 (22 U.S.C. 7102) is amended by + adding at the end the following new paragraph: + ``(18) Grounds related to human trafficking.--The term `grounds + related to human trafficking' means grounds related to the criteria + for inadmissibility to the United States described in subsection + (a)(2)(H) of section 212 of the Immigration and Nationality Act (8 + U.S.C. 1182).''. + (e) Reports to Congress.-- + (1) Initial report.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of State shall provide to + the relevant congressional committees a report that-- + (A) describes the actions that have been taken and that are + planned to implement subsection (l) of section 106 of the + Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104), as + added by subsection (d)(1); and + (B) identifies by country and by United States diplomatic + or consular post the number of visa applications denied during + the previous calendar year with respect to which the basis for + such denial, included grounds related to human trafficking (as + such term is defined in section 103 of the Trafficking Victims + Protection Act of 2000 (22 U.S.C. 7102), as amended by + subsection (d)(2)). + (2) Annual report.--Beginning with the first annual anti- + trafficking report that is required under subsection (b)(1) of + section 110 of the Trafficking Victims Protection Act of 2000 (22 + U.S.C. 7107) to be submitted after the date of the enactment of + this Act, and concurrent with each such subsequent submission for + the following 7 years, the Secretary of State shall submit to the + relevant congressional committees a report that contains + information relating to the number and the locations of United + States visa denials based, in whole or in part, on grounds related + to human trafficking (as such term is defined in section 103 of the + Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102), as + amended by subsection (d)(2)) during the period covered by each + such annual anti-trafficking report. + (f) Definitions.--In this section: + (1) Location of united states visa denials.--The term + ``location of United States visa denials'' means-- + (A) the United States diplomatic or consular post at which + a denied United States visa application was adjudicated; and + (B) the city or locality of residence of the applicant + whose visa application was so denied. + (2) Relevant congressional committees.--The term ``relevant + congressional committees'' means-- + (A) the Committee on Foreign Affairs and the Committee on + the Judiciary of the House of Representatives; and + (B) the Committee on Foreign Relations and the Committee on + the Judiciary of the Senate. +SEC. 1299S. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY FORCE. + Nothing in this Act or any amendment made by this Act may be +construed to authorize the use of military force. -SEC. 1295. SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED BY KUWAIT TO - UNITED STATES MEDICAL INSTITUTIONS. - - (a) Findings.--Congress finds that-- - (1) at least 45 medical institutions in the United States - have provided medical services to citizens of Kuwait; and - (2) despite providing care for their citizens, Kuwait has - not paid amounts owed to such United States medical - institutions for such services in over 2 years. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) Kuwait is an important partner of the United States in - the Middle East and both countries should find ways to address - irritants in the bilateral relationship; - (2) the United States should seek a resolution with Kuwait - regarding the outstanding amounts Kuwait owes to United States - medical institutions for medical services provided to citizens - of Kuwait, especially during the Coronavirus Disease 2019 - (``COVID-19'') pandemic; and - (3) Kuwait should immediately pay such outstanding amounts - owed to such United States medical institutions. - -SEC. 1296. PROTECTION AND PROMOTION OF INTERNATIONALLY RECOGNIZED HUMAN - RIGHTS DURING THE NOVEL CORONAVIRUS PANDEMIC. - - (a) Statement of Policy.--It is the policy of the United States -to-- - (1) encourage the protection and promotion of - internationally recognized human rights at home and abroad at - all times and especially during the novel coronavirus pandemic; - (2) support freedom of expression and freedom of the press - in the United States and elsewhere, which are critical to - ensuring public dissemination of, and access to, accurate - information about the novel coronavirus pandemic, including - information authorities need to enact science-based policies - that limit the spread and impact of the virus, while protecting - human rights; - (3) support multilateral efforts to address the novel - coronavirus pandemic; and - (4) oppose the use of the novel coronavirus pandemic as a - justification for the enactment of laws and policies that use - states of emergency to violate or otherwise restrict the human - rights of citizens, inconsistent with the principles of - limitation and derogation, and without clear scientific or - public health justifications, including the coercive, - arbitrary, disproportionate, or unlawful use of surveillance - technology. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) the United States should lead the international - community in its efforts to respond to the novel coronavirus - pandemic; - (2) the United States, in implementing emergency policies - at home and through its diplomacy, foreign assistance, and - security cooperation, should promote the protection of - internationally recognized human rights during and after the - novel coronavirus pandemic; - (3) foreign assistance and security cooperation provided by - the Department of State, the United States Agency for - International Development (USAID), and the Department of - Defense, whether implemented directly or through - nongovernmental organizations or international organizations, - should-- - (A) support democratic institutions, civil society, - free media, and other internationally recognized human - rights during, and in the aftermath of, the novel - coronavirus pandemic; - (B) ensure attention to countries in which the - government's response to the pandemic violated human - rights and democratic norms; and - (C) incentivize foreign military and security force - units to abide by their human rights obligations, and - in no way contribute to human rights violations; and - (4) in implementing emergency policies in response to the - novel coronavirus pandemic-- - (A) governments should fully respect and comply - with internationally recognized human rights, including - the rights to life, liberty, and security of the - person, the freedoms of movement, religion, speech, - peaceful assembly, association, freedom of expression - and of the press, and the freedom from arbitrary - detention, discrimination, or invasion of privacy; - (B) emergency restrictions or powers that impact - internationally recognized human rights, including the - rights to freedom of assembly, association, and - movement should be-- - (i) grounded in law, narrowly tailored, - proportionate, and necessary to the - government's legitimate goal of ending the - pandemic; - (ii) limited in duration; - (iii) clearly communicated to the - population; - (iv) subject to independent government - oversight; and - (v) implemented in a nondiscriminatory and - fully transparent manner; - (C) governments-- - (i) should not place any limits or other - restrictions on, or criminalize, the free flow - of information; and - (ii) should make all efforts to provide and - maintain open access to the internet and other - communications platforms; - (D) emergency measures should not discriminate - against any segment of the population, including - minorities, vulnerable individuals, and marginalized - groups; - (E) monitoring systems put in place to track and - reduce the impact of the novel coronavirus should, at a - minimum-- - (i) abide by privacy best practices - involving data anonymization and aggregation; - (ii) be administered in an open and - transparent manner; - (iii) be scientifically justified and - necessary to limit the spread of disease; - (iv) be employed for a limited duration of - time in correspondence with the system's public - health objective; - (v) be subject to independent oversight; - (vi) incorporate reasonable data security - measures; and - (vii) be firewalled from other commercial - and governmental uses, such as law enforcement - and the enforcement of immigration policies; - and - (F) governments should take every feasible measure - to protect the administration of free and fair - elections. - (c) Report on Countering Disinformation.--Not later than 60 days -after the date of the enactment of this Act, the Secretary of State, in -coordination with the Secretary of Defense and the heads of other -relevant Federal departments and agencies, shall submit to the -appropriate congressional committees a report on all actions taken by -the United States Government to counter disinformation and disseminate -accurate information abroad related to the novel coronavirus pandemic. - (d) Report on Human Rights.--Not later than 90 days after the date -on which the World Health Organization declares that the novel -coronavirus pandemic has ended, and having consulted with the -appropriate congressional committees, the Secretary of State, in -coordination with the Secretary of Defense, shall submit to the -appropriate congressional committees a report that-- - (1) identifies the countries in which emergency measures or - other legal actions taken in response to the novel coronavirus - pandemic were inconsistent with the principles described in - subsection (b)(4) or otherwise limited internationally - recognized human rights in a manner inconsistent with the - principles of limitation and derogation extended beyond the end - of the novel coronavirus pandemic; - (2) identifies the countries in which such measures or - actions continued beyond the end of the novel coronavirus - pandemic; - (3) for the countries identified pursuant to paragraph (1), - describes such emergency measures, including-- - (A) how such measures violated or seriously - undermined internationally recognized human rights; and - (B) the impact of such measures on-- - (i) the government's efforts and ability to - control the pandemic within the country; - (ii) the population's access to health care - services; - (iii) the population's access to services - for survivors of violence and abuse; - (iv) women and ethnic, religious, sexual, - and other minority, vulnerable, or marginalized - populations; and - (v) military-to-military activities, - exercises, or joint operations, including the - number and type of bilateral and multilateral - military events, cancelled or adjusted, the - type of joint Special Security Agreement or - Security Cooperation activity, and the reason - for cancellation; - (4) describes-- - (A) any surveillance measures implemented or - utilized by the governments of such countries as part - of the novel coronavirus pandemic response; - (B) the extent to which such measures have been, or - have not been, rolled back; and - (C) whether and how such measures impact - internationally recognized human rights; - (5) indicates whether any foreign person or persons within - a country have been determined to have committed gross - violations of internationally recognized human rights during - the novel coronavirus pandemic response, including a - description of any resulting sanctions imposed on such persons - under United States law; and - (6) provides recommendations relating to the steps the - United States Government should take, through diplomacy, - foreign assistance, and security cooperation, to address the - persistent issues related to internationally recognized human - rights in the aftermath of the novel coronavirus pandemic. - (e) Conditioning of Security Sector Assistance.--Section 502B(a)(4) -of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) is -amended-- - (1) in subparagraph (A), by striking ``or'' at the end; - (2) in subparagraph (B), by striking the period at the end - and inserting ``; or''; and - (3) by adding at the end the following: - ``(C) has engaged in the systematic violation of - internationally recognized human rights through the use - of emergency laws, policies, or administrative - procedures.''. - (f) Department of Defense Guidance.--Not later 90 days after the -date of the enactment of this Act, the Secretary of Defense shall issue -guidance that the program of assessment, monitoring, and evaluation in -support of the security cooperation programs and activities maintained -by the Department of Defense in accordance with section 383 of title -10, United States Code, and intelligence collections requirements of -the combatant commands shall include, for the next 5 fiscal years, -indicators of whether partner security forces have taken advantage of -the novel coronavirus pandemic and public health control measures to-- - (1) control, limit, or profit from the distribution or - supply of medical supplies, food, water, and other essential - goods; - (2) undermine civilian and parliamentary control or - oversight of security forces; - (3) limit ability of civilian government authorities to - execute essential functions, including civilian policing, - justice delivery, detentions, or other forms of essential - community-level government service delivery; - (4) expand solicitation of bribes or compensation for use - of or access to key transportation nodes or networks, including - roadways and ports; - (5) take control of media distribution or otherwise limit - the exercise of freedom of the press or distribution of radio, - internet, or other broadcast media; - (6) deepen religious or ethnic favoritism in delivery of - security, justice, or other essential government services; or - (7) otherwise undermine or violate internationally - recognized human rights in any way determined of concern by the - Secretary. - (g) Country Reports on Human Rights Practices.--The Foreign -Assistance Act of 1961 is amended as follows: - (1) In section 116 (22 U.S.C. 2151n), by adding at the end - the following new subsection: - ``(h) Human Rights Violations Due to Misuse of Emergency Powers and -Surveillance Technology.--The report required by subsection (d) shall -include, wherever applicable, a description of any misuse by the -government of any country of any emergency powers or measures, or any -development or proliferation of any surveillance technologies, that -violated or seriously undermined internationally recognized human -rights in a manner inconsistent with the principles of limitation and -derogation, including the following information: - ``(1) Any failure by the government of any country to - clearly articulate the purpose of emergency powers or measures, - or to specify the duration of such powers or measures, or to - notify the United Nations regarding the use of such powers, as - required by applicable treaty. - ``(2) Any failure by the government of any country to abide - by the stated purposes of emergency powers or measures, or to - cease the use of such powers after any specified term expires. - ``(3) Any violations by the government of any country of - non-derogable rights due to the implementation of emergency - powers or measures. - ``(4) Any discriminatory implementation by the government - of any country of emergency powers or measures, the populations - affected, and the impact on such populations. - ``(5) Any development or proliferation of surveillance - technologies, including new or emerging technologies used by - the government of a country in the surveillance of civilian - populations, that-- - ``(A) fail to abide by privacy best practices - involving data anonymization and aggregation; - ``(B) are not administered in an open and - transparent manner; - ``(C) are not subject to independent oversight; and - ``(D) fail to incorporate reasonable data security - measures.''. - (2) In section 502B(b) (22 U.S.C. 2304(b)), by-- - (A) redesignating the second subsection (i) - (relating to child marriage) as subsection (j); and - (B) adding at the end the following new subsection: - ``(k) Human Rights Violations Due to Misuse of Emergency Powers and -Surveillance Technology.--The report required by subsection (b) shall -include, wherever applicable, a description of any misuse by the -government of any country of any emergency powers or measures, or any -development or proliferation of any surveillance technologies, that -violated or seriously undermined internationally recognized human -rights in a manner inconsistent with the principles of limitation and -derogation, including the following information: - ``(1) Any failure by the government of any country to - clearly articulate the purpose of emergency powers or measures, - or to specify the duration of such powers or measures, or to - notify the United Nations regarding the use of such powers, as - required by applicable treaty. - ``(2) Any failure by the government of any country to abide - by the stated purposes of emergency powers or measures, or to - cease the use of such powers after any specified term expires. - ``(3) Any violations by the government of any country of - non-derogable rights due to the implementation of emergency - powers or measures. - ``(4) Any discriminatory implementation by the government - of any country of emergency powers or measures, the populations - affected, and the impact on such populations. - ``(5) Any development or proliferation of surveillance - technologies, including new or emerging technologies used by - the government of a country in the surveillance of civilian - populations, that-- - ``(A) fail to abide by privacy best practices - involving data anonymization and aggregation; - ``(B) are not administered in an open and - transparent manner; - ``(C) are not subject to independent oversight; and - ``(D) fail to incorporate reasonable data security - measures.''. - (h) Definition.--In this section, the term ``appropriate -congressional committees'' means-- - (1) the Committee on Foreign Affairs, the Committee on - Armed Services, and the Committee on Appropriations of the - House of Representatives; and - (2) the Committee on Foreign Relations, the Committee on - Armed Services, and the Committee on Appropriations of the - Senate. - -SEC. 1297. REVIEW OF DEPARTMENT OF DEFENSE COMPLIANCE WITH ``PRINCIPLES - RELATED TO THE PROTECTION OF MEDICAL CARE PROVIDED BY - IMPARTIAL HUMANITARIAN ORGANIZATIONS DURING ARMED - CONFLICTS''. - - (a) Statement of Congress.--Congress-- - (1) affirms the importance of United States leadership in - ensuring global respect and protection for all health care - workers, vehicles and equipment, and health care facilities, - during times of armed conflict or other situations of violence; - (2) deeply regrets that health care workers, vehicles and - equipment, health care facilities, and the sick and wounded are - too often attacked, assaulted or subjected to violence in and - outside of situations of armed conflict, and expresses support - for health care workers around the world providing impartial - care in and outside of armed conflict; - (3) affirms support for the right to freedom of assembly - and rejects the targeting, harming, or endangering of health - care workers, vehicles or equipment, health care facilities, or - the sick and wounded during times of civil protest or unrest; - and - (4) urges the United States Government to strengthen its - global leadership role to protect health care in armed conflict - and other situations of violence, in accordance with the Geneva - Conventions of 1949 and United Nations Security Council - Resolution 2286 of May 3, 2016, through-- - (A) United States diplomatic channels; - (B) appropriately leveraging United States security - cooperation to ensure that United States military - partners protect health care; and - (C) the development of practical guidance for the - United State Armed Forces on protecting health care in - armed conflict and other situations of violence. - (b) Statement of Policy.--It is the policy of the United States-- - (1) to ensure that Department of Defense orders and - military guidance are consistent with international - humanitarian law recognized by the United States as binding by - treaty or custom; and - (2) to encourage United States military partners to - integrate similar measures to protect health care into the - planning and conduct of operations. - (c) Review.-- - (1) In general.--Not later than 60 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the appropriate congressional committees the results - of the review requested on October 3, 2016, by then Secretary - of Defense Ashton Carter, of compliance of all relevant - Department of Defense orders, rules of engagement, directives, - regulations, policies, practices, and procedures, with the - ``Principles Related to the Protection of Medical Care Provided - by Impartial Humanitarian Organizations During Armed - Conflicts''. - (2) If review not completed.--If such review has not been - completed, the Secretary of Defense-- - (A) shall complete the review in accordance with - the original request; and - (B) shall, not later than 120 days after the date - of the enactment of this Act, provide the results of - the review to the appropriate congressional committees. - (3) Matters to be included.--Such review shall include the - following: - (A) A description of the Department of Defense - orders, rules of engagement, directives, regulations, - policies, practices, and procedures that were reviewed, - including checkpoint practices, hospital searches, - precautions concerning attacks on health care - facilities that have lost legal protection, treatment - of the wounded and sick, or any other guidance, and - training or standard operating procedures relating to - the protection of health care during armed conflict. - (B) An identification of any changes or adjustments - to orders, guidance, policies, or procedures that were - made as a result of such review and a description of - such changes or adjustments. - (4) Definition.--In this subsection, the term ``appropriate - congressional committees'' means-- - (A) the Committee on Foreign Affairs and the - Committee on Armed Services of the House of - Representatives; and - (B) the Committee on Foreign Relations and the - Committee on Armed Services of the Senate. - -SEC. 1298. PROMOTING HUMAN RIGHTS IN COLOMBIA. - - (a) Sense of Congress.--It is the sense of Congress that-- - (1) the United States recognizes Colombia as a key regional - partner committed to promoting democracy, human rights, and - security and remains committed to supporting areas of mutual - interest outlined under Plan Colombia; - (2) no military or intelligence equipment or supplies - transferred or sold to the Government of Colombia under United - States security sector assistance programs should be used for - purposes of unlawful surveillance or intelligence gathering - directed at the civilian population, including human rights - defenders, judicial personnel, journalists or the political - opposition; - (3) the United States should encourage accountability - through full and transparent investigation, as appropriate, and - prosecution under applicable law of individuals in Colombia - responsible for conducting unlawful surveillance or - intelligence gathering; and - (4) the United States, through its diplomacy, foreign - assistance, and United States security sector assistance - programs, should consistently and at all times promote the - protection of internationally-recognized human rights in - Colombia, including by incentivizing the Colombian Government, - its military, police, security, and intelligence units, to - abide by their human rights obligations. - (b) Report.-- - (1) In general.--Not later than 120 days after the date of - the enactment of this Act, the Secretary of State, in - coordination with the Secretary of Defense and the Director of - National Intelligence, shall submit to the appropriate - congressional committees a report that assesses allegations - that United States security sector assistance provided to the - Government of Colombia was used by or on behalf of the - Government of Colombia for purposes of unlawful surveillance or - intelligence gathering directed at the civilian population, - including human rights defenders, judicial personnel, - journalists, and the political opposition. - (2) Matters to be included.--The report required by this - subsection shall include the following: - (A) A detailed summary of findings in regard to any - involvement by Colombian military, police, security, or - intelligence units in unlawful surveillance or - intelligence gathering directed at sectors of the - civilian population and non-combatants from 2002 - through 2018. - (B) Any findings in regard to any unlawful - surveillance or intelligence gathering alleged or - reported to have been carried out by Colombian - military, police, security, or intelligence units in - 2019 and 2020 and an assessment of the full extent of - such activities, including identification of units - involved, relevant chains of command, and the nature - and objectives of such surveillance or intelligence - gathering. - (C) A detailed description of any use of United - States security sector assistance for such unlawful - surveillance or intelligence gathering. - (D) Full information on the steps taken by the - Department of State, the Department of Defense, or the - Office of the Director of National Intelligence in - response to any misuse or credible allegations of - misuse of United States security sector assistance, - including-- - (i) any application of section 620M of the - Foreign Assistance Act of 1961 (22 U.S.C. - 2378d) or section 362 of title 10, United - States Code (commonly referred to as the - ``Leahy Laws''); - (ii) any consideration of the - implementation of mandatory ``snap-back'' of - United States security assistance found to have - been employed by the Colombian Government or - any dependency thereof for such unlawful - surveillance or intelligence gathering; and - (iii) a description of measures taken to - ensure that such misuse does not recur in the - future. - (E) Full information on the steps taken by the - Colombian Government and all relevant Colombian - authorities in response to any misuse or credible - allegations of misuse of United States security sector - assistance, including a description of measures taken - to ensure that such misuse of military or intelligence - equipment or supplies does not recur in the future. - (F) An analysis of the adequacy of Colombian - military and security doctrine and training for - ensuring that surveillance and intelligence gathering - operations are conducted in accordance with the - Government of Colombia's international human rights - obligations and any additional assistance and training - that the United States can provide to strengthen - adherence by Colombian military and security forces to - international human rights obligations. - (3) Form.--The report required by this subsection shall be - submitted in unclassified form, but may include a classified - annex. - (c) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Affairs, the Committee - on Armed Services, and the Permanent Select Committee - on Intelligence of the House of Representatives; and - (B) the Committee on Foreign Relations, the - Committee on Armed Services, and the Select Committee - on Intelligence of the Senate. - (2) Intelligence community.--The term ``intelligence - community'' has the meaning given that term in section 3(4) of - the National Security Act of 1947 (50 U.S.C. 3003(4)). - (3) United states security sector assistance.--The term - ``United States security sector assistance'' means a program - authorized under-- - (A) section 502B of the Foreign Assistance Act of - 1961 (22 U.S.C. 2304) and administered by the - Department of State; - (B) section 301 of title 10, United States Code, or - any national defense authorization Act and administered - by the Department of Defense; or - (C) any law administered by the intelligence - community. - (4) Unlawful surveillance or intelligence gathering.--The - term ``unlawful surveillance or intelligence gathering'' means - surveillance or intelligence gathering-- - (A) prohibited under applicable Colombian law or - international law recognized by Colombia; - (B) undertaken without legally required judicial - oversight, warrant or order; or - (C) undertaken in violation of internationally - recognized human rights. - -SEC. 1299. WAIVER OF PASSPORT FEES FOR CERTAIN INDIVIDUALS. - - Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214) is -amended, in the third sentence, by inserting ``from a family member of -a member of the uniformed services proceeding abroad whose travel and -transportation is provided under section 481h of title 37, United -States Code;'' after ``funeral or memorial service for such member;''. - -SEC. 1299A. REPORT ON VENEZUELA. - - (a) Report Required.--Not later than 120 days after the date of the -enactment of this Act, the Secretary of State and the Secretary of -Defense shall submit to the appropriate congressional committees a -report regarding the political, economic, health, and humanitarian -crisis in Venezuela, and its implications for United States national -security and regional security and stability. - (b) Elements of Report.--The report required by subsection (a) -shall include, at a minimum, the following: - (1) An assessment of how the multifaceted crisis in - Venezuela and the resulting migration of millions of citizens - from Venezuela to neighboring countries, including Brazil, - Colombia, Ecuador, and Peru, affects regional security and - stability. - (2) An assessment of whether, and to what degree, the - situation in Venezuela has affected drug trafficking trends in - the region, including by creating a more permissive environment - in Venezuela for drug trafficking organizations and other - criminal actors to operate. - (3) An assessment of the influence of external actors in - Venezuela, including the Government of the People's Republic of - China, the Government of Cuba, the Government of Iran, and the - Government of the Russian Federation. - (4) An assessment of how, and to what degree, the COVID-19 - pandemic in Venezuela has affected, or is likely to affect, the - health and humanitarian situation in Venezuela and regional - security and stability. - (5) Any other matters the Secretary of State or Secretary - of Defense determines should be included. - (c) Form.--The report required by subsection (a) shall be submitted -in both classified and unclassified form. - (d) Appropriate Congressional Committees.--In this section, the -term ``appropriate congressional committees'' means-- - (1) the Committee on Foreign Relations of the Senate and - the Committee on Foreign Affairs of the House of - Representatives; - (2) the Committee on Armed Services of the Senate and the - Committee on Armed Services of the House of Representatives; - (3) the Subcommittee on State, Foreign Operations, and - Related Programs of the Committee on Appropriations of the - Senate and the Subcommittee on State, Foreign Operations, and - Related Programs of the Committee on Appropriations of the - House of Representatives; and - (4) the Subcommittee on Defense of the Committee on - Appropriations of the Senate and the Subcommittee on Defense of - the Committee on Appropriations of the House of - Representatives. - -SEC. 1299B. PROHIBITION ON USE OF FUNDS FOR AERIAL FUMIGATION. - - None of the amounts authorized to be appropriated or otherwise made -available by this Act may be made available to directly conduct aerial -fumigation in Colombia unless there are demonstrated actions by the -Government of Colombia to adhere to national and local laws and -regulations. - -SEC. 1299C. REPORT ON SUPPORT FOR DEMOCRATIC REFORMS BY THE GOVERNMENT - OF THE REPUBLIC OF GEORGIA. - - (a) Sense of Congress.--It is the sense of Congress that the United -States should-- - (1) support the Government of the Republic of Georgia's - continued development of democratic values, path to electoral - reform, commitment to combating corruption, and efforts to - ensure the Georgian private sector upholds internationally - recognized standards, including welcoming and protecting - foreign direct investment; and - (2) continue to work closely with the Government of Georgia - on defense and security cooperation to include increasing - Georgia's defense capabilities, interoperability with partner - nations, adherence to the rules of war, and strengthening of - defense institutions. - (b) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of State shall submit to the -appropriate congressional committees a report that contains-- - (1) an analysis of whether or not the Government of Georgia - is taking effective steps to strengthen democratic institutions - in Georgia; and - (2) an analysis of whether or not the Government of Georgia - is-- - (A) effectively implementing electoral reform; - (B) respecting the independence of the judiciary, - including independence from legislative or executive - interference; - (C) effectively implementing the necessary policies - to ensure accountability and transparency, including - unfettered access to public information; - (D) protecting the rights of civil society, - opposition political parties, and the independence of - the media; and - (E) any other matters the Secretary determines to - be appropriate. - -SEC. 1299D. ASSESSMENT ON MODERNIZATION TARGETS OF THE PEOPLE'S - LIBERATION ARMY. - - (a) Assessment.--The Secretary of Defense, in consultation with -relevant Federal departments and agencies, shall prepare an assessment -on the People's Liberation Army of the People's Republic of China 2035 -modernization targets that includes-- - (1) how such modernization could impact the effectiveness - of Taiwan's self-defense capabilities; - (2) how such modernization could impact United States - interests, including those articulated in the Taiwan Relations - Act (22 U.S.C 3301 et. seq.) to maintain the capacity of the - United States to resist any resort to force or other forms of - coercion that would jeopardize the security, or the social or - economic system, of the people on Taiwan; and - (3) any other matters the Secretary determines appropriate. - (b) Briefing.--Not later than 180 days after the enactment of this -Act, the Secretary of Defense shall provide the assessment in a -classified, written report to-- - (1) the Committee on Armed Services, the Permanent Select - Committee on Intelligence, the Committee on Foreign Affairs, - and the Committee on Appropriations of the House of - Representatives; and - (2) the Committee on Armed Services, the Select Committee - on Intelligence, the Committee on Foreign Relations, and the - Committee on Appropriations of the Senate. - -SEC. 1299E. MITIGATION AND PREVENTION OF ATROCITIES IN HIGH-RISK - COUNTRIES. - - (a) Statement of Policy.--It is the policy of the United States -that the Department of State, in coordination with the Department of -Defense and the United States Agency for International Development, -should address global fragility, as required by the Global Fragility -Act of 2019 and, to the extent practicable, incorporate the prevention -of atrocities and mitigation of fragility into security assistance and -cooperation planning and implementation for covered foreign countries. - (b) In General.--The Secretary of State, in consultation with -chiefs of mission and the Administrator of the United States Agency for -International Development, shall ensure that the Department of State's -Atrocity Assessment Framework is factored into the Integrated Country -Strategy and the Country Development Cooperation Strategy where -appropriate for covered foreign countries. - (c) Report.--Not later than 1 year after the date of the enactment -of this Act, and annually thereafter for 5 years, the Secretary of -State shall submit to the appropriate congressional committees a report -on its efforts to prevent atrocities in covered foreign countries. - (d) Stakeholder Consultation.--Consistent with section 504(b) of -the Global Fragility Act of 2019 (22 U.S.C. 9803(b)), the Secretary of -State and other relevant agencies may consult with credible -representatives of civil society with experience in atrocities -prevention and national and local governance entities, as well as -relevant international development organizations with experience -implementing programs in fragile and violence-affected communities, -multilateral organizations and donors, and relevant private, academic, -and philanthropic entities, as appropriate, in identifying covered -foreign countries as defined in this section. - (e) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Affairs and the - Committee on Armed Services of the House of - Representatives; and - (B) the Committee on Foreign Relations and the - Committee on Armed Services of the Senate. - (2) Covered foreign country.--The term ``covered foreign - country'' means a foreign country that is not listed as a - priority country under the Global Fragility Initiative but - remains among the top 30 most at risk countries for new onset - of mass killing, according to the Department of State's - internal assessments, and in consultation with the appropriate - congressional committees. - -SEC. 1299F. RESUMPTION OF PEACE CORPS OPERATIONS. - - Not later than 90 days after the date of enactment of this Act, the -Director of the Peace Corps shall submit to the Committee on Foreign -Relations of the Senate and the Committee on Foreign Affairs of the -House of Representatives a report that describes the efforts of the -Peace Corps to-- - (1) offer a return to service to each Peace Corps volunteer - and trainee whose service ended on March 15, 2020 (or earlier, - in the case of volunteers who were serving China and Mongolia), - due to the COVID-19 public health emergency; - (2) obtain approval from countries, as is safe and - appropriate, to return volunteers and trainees to countries of - service, predicated on the ability for volunteers and trainees - to return safely and legally; - (3) provide adequate measures necessary for the safety and - health of volunteers and trainees and develop contingency plans - in the event overseas operations are disrupted by future COVID- - 19 outbreaks; - (4) develop and maintain a robust volunteer cohort; and - (5) identify the need for anticipated additional - appropriations or new statutory authorities and changes in - global conditions that would be necessary to achieve the goal - of safely enrolling 7,300 Peace Corps volunteers during the 1- - year period beginning on the date on which Peace Corps - operations resume. - -SEC. 1299G. TRANSFER OF EXCESS NAVAL VESSELS TO THE GOVERNMENT OF - EGYPT. - - (a) Transfers by Grant.--The President is authorized to transfer to -the Government of Egypt the OLIVER HAZARD PERRY class guided missile -frigates ex-USS CARR (FFG-52) and ex-USS ELROD (FFG-55) on a grant -basis under section 516 of the Foreign Assistance Act of 1961 (22 -U.S.C. 2321j) upon submitting to the appropriate congressional -committees a certification described in subsection (b). - (b) Certification.--A certification described in this subsection is -a certification of the following: - (1) The President has received reliable assurances that the - Government of Egypt and any Egyptian state-owned enterprise-- - (A) are not engaged in activity subject to - sanctions under the Countering America's Adversaries - Through Sanctions Act (Public Law 115-44; 22 U.S.C. - 9401 et seq.), including activity related to Russian - Su-35 warplanes; and - (B) will not knowingly engage in activity subject - to sanctions under such Act in the future. - (2) The Egyptian forces that will man the vessels described - in subsection (a) will be subject to the requirements of - section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. - 2378d) and section 362 of title 10, United States Code - (commonly referred to as the ``Leahy laws''), and to other - human rights vetting requirements to ensure that United States- - funded assistance is not provided to Egyptian security forces - that have committed gross violations of internationally - recognized human rights. - (3) The President has received reliable assurances that the - vessels described in subsection (a) will not be used in any - military operation in Libya or Libyan territorial waters, - except for those operations conducted in coordination with the - United States. - (c) Violations.--If the President determines after the transfer of -a vessel described in subsection (a) that the conditions described in -subsection (b) are no longer being met, the President shall apply the -provisions of section 3(c) of the Arms Export Control Act (22 U.S.C. -2753(c)) with respect to Egypt to the same extent and in the same -manner as if Egypt had committed a violation described in paragraph (1) -of such section. - (d) Grants Not Counted in Annual Total of Transferred Excess -Defense Articles.--The value of a vessel transferred to the Government -of Egypt on a grant basis pursuant to authority provided under -subsection (a) shall not be counted against the aggregate value of -excess defense articles transferred in any fiscal year under section -516(g) of such Act (22 U.S.C. 2321j(g)). - (e) Costs of Transfers.--Notwithstanding section 516(e) of such Act -(22 U.S.C. 2321j(e)), any expense incurred by the United States in -connection with a transfer authorized under subsection (a) shall be -charged to the Government of Egypt. - (f) Repair and Refurbishment in United States Shipyards.--To the -maximum extent practicable, the President shall require, as a condition -of the transfer of a vessel under subsection (a), that the Government -of Egypt have such repair or refurbishment of the vessel as is needed, -before the vessel joins the naval forces of Egypt, performed at a -shipyard located in the United States, including a United States Navy -shipyard. - (g) Expiration of Authority.--The authority to transfer a vessel -under subsection (a) shall expire at the end of the 3-year period -beginning on the date of the enactment of this Act. - (h) Report.--Not later than 30 days before the transfer of a vessel -described in subsection (a), the President shall submit to the -appropriate congressional committees a report on how the transfer of -the vessel will help to alleviate United States mission requirements in -the Mediterranean Sea, the Bab el Mandeb Strait, and the Red Sea. - (i) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Foreign Affairs and the Committee on - Armed Services of the House of Representatives; and - (2) the Committee on Foreign Relations and the Committee on - Armed Services of the Senate. - -SEC. 1299H. LIMITATION ON PRODUCTION OF NUCLEAR PROLIFERATION - ASSESSMENT STATEMENTS. - - (a) Limitation.--The Secretary of State may not provide to the -President, and the President may not submit to Congress, a Nuclear -Proliferation Assessment Statement described in subsection (a) of -section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with -respect to a proposed cooperation agreement with any country that has -not signed and implemented an Additional Protocol with the -International Atomic Energy Agency, other than a country with which, as -of July 1, 2020, there is in effect a civilian nuclear cooperation -agreement pursuant to such section 123. - (b) Waiver.--The limitation under subsection (a) shall be waived -with respect to a particular country if-- - (1) the President submits to the appropriate congressional - committees a request to enter into a proposed cooperation - agreement with such country that includes a report describing - the manner in which such agreement would advance the national - security and defense interests of the United States and not - contribute to the proliferation of nuclear weapons; and - (2) there is enacted a joint resolution approving the - waiver of such limitation with respect to such agreement. - (c) Form.--The report described in subsection (b) shall be -submitted in unclassified form but may include a classified annex. - (d) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the congressional defense committees; - (2) the Committee on Energy and Commerce, the Committee on - Foreign Affairs, and the Permanent Select Committee on - Intelligence of the House of Representatives; and - (3) the Committee on Energy and Natural Resources, the - Committee on Foreign Relations, and the Select Committee on - Intelligence of the Senate. - -SEC. 1299I. REPORT ON MEXICAN SECURITY FORCES. - - (a) Report.--Not later than 90 days after enactment of this act, -the Secretary of Defense and the Secretary of State, in coordination -with other appropriate officials, shall jointly submit to the -appropriate congressional committees a report containing a -comprehensive assessment of ongoing support and a strategy for future -cooperation between the United States government and the Mexican -security forces including the Mexican National Guard, federal, state, -and municipal law enforcement. - (b) Matters To Be Included.--The report under subsection (a) shall -include, at minimum, the following: - (1) Department of Defense and Department of State strategy - and timeline for assistance to Mexican security forces, - including detailed areas of assistance and a plan to align the - strategy with Mexican government priorities. - (2) Description of the transfer of U.S.-supported equipment - from the Federal Police and armed forces to the National Guard, - if any, and any resources originally provided for the Federal - Police and armed forces that are now in use by the National - Guard. - (3) Dollar amounts of any assistance provided or to be - provided to each of the Mexican security forces, and any - defense articles, training, and other services provided or to - be provided to each of the Mexican security forces. - (4) Department of Defense and Department of State plans for - all U.S. training for Mexican security forces, including - training in human rights, proper use of force, de-escalation, - investigation and evidence-gathering, community relations, and - anti-corruption. - (5) An assessment of the National Guard's adherence to - human rights standards, including the adoption of measures to - ensure accountability for human rights violations and the - development of a human rights training curriculum. - (6) Department of Defense and Department of State plans to - support external monitoring and strengthen internal control - mechanisms within each of the Mexican security forces including - the Mexican National Guard, federal, state, and municipal law - enforcement, including the internal affairs unit. - (7) Information on Mexico's security budget and - contributions to strengthening security cooperation with the - United States; and (8) Information on security assistance - Mexico may be receiving from other countries. - (c) Form.--The report required under subsection (a) may be -submitted in classified form with an unclassified summary. - (d) Appropriate Congressional Committees.--The term ``appropriate -congressional committees'' means the Committee on Foreign Affairs and -the Armed Services Committee of the House of Representatives and the -Committee on Foreign Relations and the Armed Services Committee of the -Senate. - -SEC. 1299J. MATTERS RELATING TO COOPERATIVE THREAT REDUCTION PROGRAMS - AND WEAPONS OF MASS DESTRUCTION TERRORISM. - - (a) Statement of Policy.--It is the policy of the United States to -ensure-- - (1) to the extent practicable, the agents, precursors, and - materials needed to produce weapons of mass destruction are - placed beyond the reach of terrorist organizations and other - malicious non-state actors; - (2) the number of foreign states that possess weapons of - mass destruction is declining; and - (3) the global quantity of weapons of mass destruction and - related materials is reduced. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) diplomatic outreach, threat reduction and foreign - capacity-building programs, export controls, and the promotion - of international treaties and norms are all essential elements - of accomplishing the core national security mission of - preventing, detecting, countering, and responding to threats of - weapons of mass destruction terrorism; and - (2) the potentially devastating consequences of weapons of - mass destruction terrorism pose a significant risk to United - States national security. - (c) Report on Lines of Effort To Implement Policies.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, and annually thereafter, the - President, acting through the Secretary of Defense, the - Secretary of State, the Secretary of Energy, and the Director - of National Intelligence, shall submit to the appropriate - congressional committees a report on each line of effort to - implement the policies described in subsection (a) and the - budgets required to implement each such line of effort - effectively. - (2) Matters to be included.--The report required by this - subsection should include the following: - (A) An assessment of nuclear, radiological, - biological, and chemical terrorism and foreign state - risks and other emerging risks facing the United States - and its allies, including-- - (i) the status of foreign state, state- - affiliated, and non-state actors efforts to - acquire nuclear, radiological, biological, and - chemical weapons and their intent to misuse - weapons-related materials; - (ii) any actions by foreign state, state- - affiliated, and non-state actors employing - weapons of mass destruction; - (iii) an update on-- - (I) the risk of biological threats, - including the proliferation of - biological weapons, weapons components, - and weapons-related materials, - technology, and expertise to non-state - actors; - (II) the risk of accidental release - of dangerous pathogens due to unsafe - practices and facilities; and - (III) the risk of uncontrolled - naturally occurring disease outbreaks - that may pose a threat to the United - States or its Armed Forces or allies; - and - (iv) the status of national efforts to meet - obligations to provide effective security and - accounting for nuclear weapons and for all - weapons-useable nuclear materials in foreign - states that possess such weapons and materials. - (B) A strategy to reduce the risk of nuclear, - radiological, biological, and chemical terrorism over - the next five years, including-- - (i) ensuring, to the extent practicable-- - (I) the agents, precursors, and - materials needed to develop or acquire - weapons of mass destruction are placed - beyond the reach of terrorist - organizations and other malicious non- - state actors; - (II) the number of foreign states - that possess weapons of mass - destruction is declining; and - (III) the global quantity of - weapons of mass destruction and related - materials is reduced; - (ii) identifying and responding to - technological trends that may enable terrorist - or state development, acquisition, or use of - weapons of mass destruction; - (iii) a plan to prevent the proliferation - of biological weapons, weapons components, and - weapons-related materials, technology, and - expertise, which shall include activities that - facilitate detection and reporting of highly - pathogenic diseases or other diseases that are - associated with or that could be used as an - early warning mechanism for disease outbreaks - that could affect the United States or its - Armed Forces or allies, regardless of whether - such diseases are caused by biological weapons; - (iv) regional engagement to reduce nuclear, - biological, and chemical risks; - (v) engagement with foreign states, where - possible, on security for nuclear weapons and - weapons-useable nuclear and radioactive - material, including protection against insider - threats, strengthening of security culture, and - support for security performance testing; and - (vi) a recommendation to establish a joint - Department of Defense and Department of Energy - program-- - (I) to assess the verification, - security, and implementation - requirements associated with potential - future arms reduction or - denuclearization accords, - (II) identify gaps in existing and - planned capabilities; and - (III) provide recommendations for - developing needed capabilities to fill - those gaps. - (3) Form.--The report required by this subsection shall be - submitted in unclassified form, but may contain a classified - annex. - (d) Sense of Congress on Revitalizing International Nuclear -Security Programs.--It is the sense of Congress that-- - (1) the United States Government should expand and - revitalize its international nuclear security programs, as - necessary; - (2) such an expanded nuclear security effort should seek to - be comprehensive and close, to the extent possible, any gaps - that exist in United States nuclear security programs; and - (3) the Secretary of State should seek to cooperate with as - many foreign states with nuclear weapons, weapons-usable - nuclear materials, or significant nuclear facilities as - possible to-- - (A) ensure protection against the full spectrum of - plausible threats, including support for evaluating - nuclear security threats and measures to protect - against such threats, exchanging unclassified threat - information, holding workshops with experts from each - country, and having teams review the adequacy of - security against a range of threats; - (B) establish comprehensive, multilayered - protections against insider threats, including in-depth - exchanges on good practices in insider threat - protection, workshops, help with appropriate - vulnerability assessments, and peer review by expert - teams; - (C) establish targeted programs to strengthen - nuclear security culture; - (D) institute effective, regular vulnerability - assessments and performance testing through workshops, - peer observation of such activities in the United - States, training, and description of approaches that - have been effective; and - (E) consolidate nuclear weapons and weapons-usable - nuclear materials to the minimum practical number of - locations. - (e) Assessment of Weapons of Mass Destruction Terrorism.-- - (1) In general.--The Secretary of Defense, in coordination - with the Secretary of State and the Secretary of Energy, shall - seek to enter into an arrangement with the National Academy of - Sciences-- - (A) to conduct an assessment of strategies of the - United States for preventing, countering, and - responding to nuclear, biological, and chemical - terrorism assess and make recommendations to improve - such strategies; and - (B) submit to the Secretary of Defense a report - that contains such assessment and recommendations. - (2) Matters to be included.--The assessment and - recommendations required by paragraph (1) shall address the - adequacy of strategies described in such paragraph and identify - technical, policy, and resource gaps with respect to-- - (A) identifying national and international nuclear, - biological, and chemical risks and critical emerging - threats; - (B) preventing state-sponsored and non-state actors - from acquiring or misusing the technologies, materials, - and critical expertise needed to carry out nuclear, - biological, and chemical attacks, including dual-use - technologies, materials, and expertise; - (C) countering efforts by state-sponsored and non- - state actors to carry out such attacks; - (D) responding to nuclear, biological, and chemical - terrorism incidents to attribute their origin and help - manage their consequences; - (E) budgets likely to be required to implement - effectively such strategies; and - (F) other important matters that are directly - relevant to such strategies. - (3) Report.-- - (A) In general.--The Secretary of Defense shall - submit to the appropriate congressional committees a - copy of the report received by the Secretary under - paragraph (1)(B). - (B) Form.--The report required by this paragraph - shall be submitted in unclassified form, but may - contain a classified annex. - (4) Funding.-- - (A) Increase.--Notwithstanding the amounts set - forth in the funding tables in division D, the amount - authorized to be appropriated in section 301 for - research, development, test, and evaluation, as - specified in the corresponding funding table in section - 4301, for Operations and Maintenance, Defense-wide, - Cooperative Threat Reduction, Line 10, is hereby - increased by $1,000,000 to carry out this subsection. - (B) Offset.--Notwithstanding the amounts set forth - in the funding tables in division D, the amount - authorized to be appropriated in section 301 for - operation and maintenance as specified in the - corresponding funding table in section 4301, for - operation and maintenance, Air Force, admin & - servicewide activities, servicewide communications, - line 440, is hereby reduced by $1,000,000. - (f) Report on Cooperative Threat Reduction Programs.-- - (1) In general.--Not later than 270 days after the date of - the enactment of this Act, and annually thereafter at the same - time that the President submits the budget to Congress under - section 1105 of title 31, United States Code, the President - shall submit to the appropriate congressional committees a - report on-- - (A) the programs of each Federal agency that are - intended to reduce threat of nuclear, radiological, - biological, and chemical weapons to the United States - or its Armed Forces or allies; - (B) a description of the operations of such - programs and how such programs advance the mission of - reducing the threat of nuclear, radiological, - biological, and chemical weapons to the United States - or its Armed Forces or allies; and - (C) recommendations on how to evaluate the success - of such programs, how to identify opportunities for - collaboration between such programs, how to eliminate - crucial gaps not filled by such programs, and how to - ensure that such programs are complementary to other - programs across the United States Government. - (2) Form.--The report required by this paragraph shall be - submitted in unclassified form, but may contain a classified - annex. - (g) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Foreign Affairs, Committee on Armed - Services, and Permanent Select Committee on Intelligence of the - House of Representatives; and - (2) the Committee on Foreign Relations, Committee on Armed - Services, and Select Committee on Intelligence of the Senate. - -SEC. 1299K. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA. - - (a) In General.--Prior to the transfer of any equipment by the -Department of Defense to a joint task force of the Guatemalan military -or national civilian police during fiscal year 2021, the Secretary of -Defense shall certify to the appropriate congressional committees that -such ministries have made a credible commitment to use such equipment -only for the uses for which they were intended. - (b) Issuing Regulations.--Not later than 60 days after the date of -the enactment of this Act, the Secretary of State, in coordination with -the Administrator of the United States Agency for International -Development and the Secretary of Defense, as appropriate, shall issue -regulations requiring the inclusion of appropriate clauses for any new -foreign assistance contracts, grants, and cooperative agreements -covering the transfer of equipment to the Guatemalan military or -national civilian police, to ensure that any equipment provided by the -Department of Defense to the Guatemalan military or national civilian -police may be recovered if such equipment is used for purposes other -than those purposes for which it was provided. - (c) Exceptions and Waiver.-- - (1) Exceptions.--Subsection (b) shall not apply to - humanitarian assistance, disaster assistance, or assistance to - combat corruption. - (2) Waiver.--The Secretary of State or the Secretary of - Defense, on a case by case basis, may waive the requirement - under subsection (b) if the Secretary of State or the Secretary - of Defense certifies to the appropriate congressional - committees that such waiver is important to the national - security interests of the United States. - (d) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Armed Services, the Committee on - Appropriations, and the Committee on Foreign Affairs of the - House of Representatives; and - (2) the Committee on Armed Services, the Committee on - Appropriations, and the Committee on Foreign Relations of the - Senate. + TITLE XIII--COOPERATIVE THREAT REDUCTION -SEC. 1299L. REPORT ON FOREIGN INFLUENCE CAMPAIGNS TARGETING UNITED - STATES FEDERAL ELECTIONS. - - (a) In General.--Not later than September 1, 2021, and biennially -thereafter, the Director of National Intelligence, in consultation with -the Secretary of Defense, the Secretary of State, and any other -relevant Federal agency, shall submit to the appropriate congressional -committees a report on foreign influence campaigns targeting United -States Federal elections. - (b) Matters To Be Included.--The report required by subsection (a) -shall include an analysis of the following: - (1) The patterns, tools, and techniques of foreign - influence campaigns across all platforms and the country of - origin of such campaigns. - (2) The extent of inauthentic accounts and ``bot'' networks - across platforms, including the scale to which they exist, how - platforms currently act to remove them, and what percentage - have been removed over the last year. - (3) The reach of intentional or weaponized disinformation - by inauthentic accounts and ``bot'' networks, including - analysis of amplification by users and algorithmic - distribution. - (4) The type of media that is being disseminated by the - foreign influence campaign, including fabricated or falsified - content and manipulated videos and photos, and the intended - targeted groups. - (5) The methods that have been used to mitigate engagement - and remove content. - (c) Briefing.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense should provide a -briefing to congressional committees on the report required by -subsection (a). - (d) Appropriate Congressional Committees Defined.--In this section, -the term ``appropropriate congressional committees'' means-- - (1) the congressional defense committees; and - (2) the Committee on Foreign Affairs and the Permanent - Select Committee on Intelligence of the House of - Representatives and the Committee on Foreign Relations and the - Select Committee on Intelligence of the Senate. +Sec. 1301. Funding allocations; specification of cooperative threat + reduction funds. +SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE THREAT +REDUCTION FUNDS. + (a) Funding Allocation.--Of the $360,190,000 authorized to be +appropriated to the Department of Defense for fiscal year 2021 in +section 301 and made available by the funding table in division D for +the Department of Defense Cooperative Threat Reduction Program +established under section 1321 of the Department of Defense Cooperative +Threat Reduction Act (50 U.S.C. 3711), the following amounts may be +obligated for the purposes specified: + (1) For strategic offensive arms elimination, $2,924,000. + (2) For chemical weapons destruction, $11,806,000. + (3) For global nuclear security, $35,852,000. + (4) For cooperative biological engagement, $225,396,000. + (5) For proliferation prevention, $60,064,000. + (6) For activities designated as Other Assessments/ + Administrative Costs, $24,148,000. + (b) Specification of Cooperative Threat Reduction Funds.--Funds +appropriated pursuant to the authorization of appropriations in section +301 and made available by the funding table in division D for the +Department of Defense Cooperative Threat Reduction Program shall be +available for obligation for fiscal years 2021, 2022, and 2023. - Subtitle H--Global Child Thrive Act of 2020 + TITLE XIV--OTHER AUTHORIZATIONS -SEC. 1299M-1. SHORT TITLE. + Subtitle A--Military Programs - This subtitle may be cited as the ``Global Child Thrive Act of -2020''. +Sec. 1401. Working capital funds. +Sec. 1402. Chemical agents and munitions destruction, defense. +Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. +Sec. 1404. Defense Inspector General. +Sec. 1405. Defense health program. -SEC. 1299M-2. SENSE OF CONGRESS. + Subtitle B--Armed Forces Retirement Home - It is the sense of Congress that-- - (1) the United States Government should continue efforts to - reduce child mortality rates and increase attention on - prevention efforts and early childhood development programs; - (2) investments in early childhood development ensure - healthy and well-developed future generations that contribute - to a country's stability, security and economic prosperity; - (3) efforts to provide training and education on nurturing - care could result in improved early childhood development - outcomes and support healthy brain development; and - (4) integration and cross-sector coordination of early - childhood development programs is critical to ensure the - efficiency, effectiveness, and continued implementation of such - programs. +Sec. 1411. Authorization of appropriations for Armed Forces Retirement + Home. +Sec. 1412. Expansion of eligibility for residence at the Armed Forces + Retirement Home. +Sec. 1413. Periodic inspections of Armed Forces Retirement Home + facilities by nationally recognized accrediting organization. -SEC. 1299M-3. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY. + Subtitle C--Other Matters - (a) Authorization of Assistance.--Amounts authorized to be -appropriated to carry out section 135 in chapter 1 of part 1 of the -Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for each of the -fiscal years 2021 through 2025 are authorized to be made available to -support early childhood development activities in conjunction with -relevant, existing programming, such as water, sanitation and hygiene, -maternal and child health, basic education, nutrition and child -protection. - (b) Assistance To Improve Early Childhood Incomes Globally.-- -Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. -2151 et seq.) is amended by adding at the end the following: +Sec. 1421. Authority for transfer of funds to joint Department of + Defense-Department of Veterans Affairs medical facility + demonstration fund for Captain James A. Lovell Health Care + Center, Illinois. -``SEC. 137. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY. + Subtitle A--Military Programs - ``(a) Definitions.--In this section: - ``(1) Appropriate congressional committees.--The term - `appropriate congressional committees' means-- - ``(A) the Committee on Appropriations of the - Senate; - ``(B) the Committee on Foreign Relations of the - Senate; - ``(C) the Committee on Appropriations of the House - of Representatives; and - ``(D) the Committee on Foreign Affairs of the House - of Representatives. - ``(2) Early childhood development.--The term `early - childhood development' means the development and learning of a - child younger than 8 years of age, including physical, - cognitive, social, and emotional development and approaches to - learning that allow a child to reach his or her full - developmental potential. - ``(3) Early childhood development program.--The term `early - childhood development program' means a program that ensures - that every child has the conditions for healthy growth, - nurturing family-based care, development and learning, and - protection from violence, exploitation, abuse, and neglect, - which may include-- - ``(A) a health, clean water, sanitation, and - hygiene program that serves pregnant women, children - younger than 5 years of age, and the parents of such - children; - ``(B) a nutrition program, combined with - stimulating child development activity; - ``(C) age appropriate cognitive stimulation, - especially for newborns, infants, and toddlers, - including an early childhood intervention program for - children experiencing at-risk situations, developmental - delays, disabilities, and behavioral and mental health - conditions; - ``(D) an early learning (36 months and younger), - preschool, and basic education program for children - until they reach 8 years of age or complete primary - school; or - ``(E) a child protection program, with an emphasis - on the promotion of permanent, safe, and nurturing - families, rather than placement in residential care or - institutions, including for children with disabilities. - ``(4) Federal departments and agencies.--The term `Federal - departments and agencies' means-- - ``(A) the Department of State; - ``(B) the United States Agency for International - Development; - ``(C) the Department of the Treasury; - ``(D) the Department of Labor; - ``(E) the Department of Education; - ``(F) the Department of Agriculture; - ``(G) the Department of Defense; - ``(H) the Department of Health and Human Services, - including-- - ``(i) the Centers for Disease Control and - Prevention; and - ``(ii) the National Institutes of Health; - ``(I) the Millennium Challenge Corporation; - ``(J) the Peace Corps; and - ``(K) any other department or agency specified by - the President for the purposes of this section. - ``(5) Residential care.--The term `residential care' means - care provided in any non-family-based group setting, including - orphanages, transit or interim care centers, children's homes, - children's villages or cottage complexes, group homes, and - boarding schools used primarily for care purposes as an - alternative to a children's home. - ``(b) Statement of Policy.--It is the policy of the United States-- - ``(1) to support early childhood development in relevant - foreign assistance programs, including by integrating evidence- - based, efficient, and effective interventions into relevant - strategies and programs, in coordination with partner - countries, other donors, international organizations, - international financial institutions, local and international - nongovernmental organizations, private sector partners, civil - society, and faith-based and community-based organizations; and - ``(2) to encourage partner countries to lead early - childhood development initiatives that include incentives for - building local capacity for continued implementation and - measurable results, by-- - ``(A) scaling up the most effective, evidence- - based, national interventions, including for the most - vulnerable populations and children with disabilities - and developmental delays, with a focus on adaptation to - country resources, cultures, and languages; - ``(B) designing, implementing, monitoring, and - evaluating programs in a manner that enhances their - quality, transparency, equity, accountability, - efficiency and effectiveness in improving child and - family outcomes in partner countries; and - ``(C) utilizing and expanding innovative public- - private financing mechanisms. - ``(c) Implementation.-- - ``(1) In general.--Not later than 1 year after the date of - the enactment of this section, the Administrator of the United - States Agency for International Development, in coordination - with the Secretary of State, shall direct relevant Federal - departments and agencies-- - ``(A) to incorporate, to the extent practical and - relevant, early childhood development into foreign - assistance programs to be carried out during the - following 5 fiscal years; and - ``(B) to promote inclusive early childhood - development in partner countries. - ``(2) Elements.--In carrying out paragraph (1), the - Administrator, the Secretary, and the heads of other relevant - Federal departments and agencies as appropriate shall-- - ``(A) build on the evidence and priorities outlined - in `Advancing Protection and Care for Children in - Adversity: A U.S. Government Strategy for International - Assistance 2019-2023', published in June 2019 (referred - to in this section as `APCCA'); - ``(B) to the extent practicable, identify evidence- - based strategic priorities, indicators, outcomes, and - targets, particularly emphasizing the most vulnerable - populations and children with disabilities and - developmental delays, to support inclusive early - childhood development; - ``(C) support the design, implementation, and - evaluation of pilot projects in partner countries, with - the goal of taking such projects to scale; - ``(D) support inclusive early childhood development - within all relevant sector strategies and public laws, - including-- - ``(i) the Global Water Strategy required - under section 136(j); - ``(ii) the whole-of-government strategy - required under section 5 of the Global Food - Security Act of 2016 (22 U.S.C. 9304 note); - ``(iii) the Basic Education Strategy set - forth in section 105(c); - ``(iv) the U.S. Government Global Nutrition - Coordination Plan, 2016-2021; and - ``(v) APCCA; and others as appropriate; - ``(E) improve coordination with foreign governments - and international and regional organizations with - respect to official country policies and plans to - improve early childhood development, maternal, newborn, - and child health and nutrition care, basic education, - water, sanitation and hygiene, and child protection - plans which promote nurturing, appropriate, protective, - and permanent family care, while reducing the - percentage of children living in residential care or on - the street; and - ``(F) consult with partner countries, other donors, - international organizations, international financial - institutions, local and international nongovernmental - organizations, private sector partners and faith-based - and community-based organizations, as appropriate. - ``(d) Annual Report on the Implementation of the Strategy.--The -Special Advisor for Children in Adversity shall include, in the annual -report required under section 5 of the Assistance for Orphans and Other -Vulnerable Children in Developing Countries Act of 2005 (22 U.S.C. -2152g), which shall be submitted to the appropriate congressional -committees and made publicly available, a description of-- - ``(1) the progress made toward integrating early childhood - development interventions into relevant strategies and - programs; - ``(2) the efforts made by relevant Federal departments and - agencies to implement subsection (c), with a particular focus - on the activities described in such subsection; - ``(3) the progress achieved during the reporting period - toward meeting the goals, objectives, benchmarks, described in - subsection (c); and - ``(4) the progress achieved during the reporting period - toward meeting the goals, objectives, benchmarks, and - timeframes described in subsection (c) at the program level, - along with specific challenges or gaps that may require shifts - in targeting or financing in the following fiscal year. - ``(e) Interagency Task Force.--The Special Advisor for Assistance -to Orphans and Vulnerable Children should regularly convene an -interagency task force, to coordinate-- - ``(1) intergovernmental and interagency monitoring, - evaluation, and reporting of the activities carried out - pursuant to this section; - ``(2) early childhood development initiatives that include - children with a variety of needs and circumstances; and - ``(3) United States Government early childhood development - programs, strategies, and partnerships across relevant Federal - departments and agencies.''. - -SEC. 1299M-4. SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND VULNERABLE - CHILDREN. +SEC. 1401. WORKING CAPITAL FUNDS. + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for providing capital for working capital and +revolving funds, as specified in the funding table in section 4501. +SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for the Department of Defense for fiscal year 2021 +for expenses, not otherwise provided for, for Chemical Agents and +Munitions Destruction, Defense, as specified in the funding table in +section 4501. + (b) Use.--Amounts authorized to be appropriated under subsection +(a) are authorized for-- + (1) the destruction of lethal chemical agents and munitions in + accordance with section 1412 of the Department of Defense + Authorization Act, 1986 (50 U.S.C. 1521); and + (2) the destruction of chemical warfare materiel of the United + States that is not covered by section 1412 of such Act. +SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, +as specified in the funding table in section 4501. +SEC. 1404. DEFENSE INSPECTOR GENERAL. + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2021 for expenses, not otherwise provided +for, for the Office of the Inspector General of the Department of +Defense, as specified in the funding table in section 4501. +SEC. 1405. DEFENSE HEALTH PROGRAM. + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the Defense Health Program for use of the Armed Forces and other +activities and agencies of the Department of Defense for providing for +the health of eligible beneficiaries, as specified in the funding table +in section 4501. - Section 135(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. -2152f(e)(2)) is amended-- - (1) by amending subparagraph (A) to read as follows: - ``(A) Coordinate assistance to orphans and other - vulnerable children among the relevant Executive branch - agencies and officials.''; and - (2) in subparagraph (B), by striking ``the various offices, - bureaus, and field missions within the United States Agency for - International Development'' and inserting ``the relevant - Executive branch agencies and officials''. + Subtitle B--Armed Forces Retirement Home -SEC. 1299M-5. RULE OF CONSTRUCTION. +SEC. 1411. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT +HOME. + There is hereby authorized to be appropriated for fiscal year 2021 +from the Armed Forces Retirement Home Trust Fund the sum of $70,300,000 +for the operation of the Armed Forces Retirement Home. +SEC. 1412. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCES +RETIREMENT HOME. + (a) Expansion of Eligibility.--Section 1512(a) of the Armed Forces +Retirement Home Act of 1991 (24 U.S.C. 412(a)) is amended-- + (1) in the matter preceding paragraph (1), by striking + ``active'' in the first sentence; + (2) in paragraph (1), by striking ``are 60 years of age or over + and''; and + (3) by adding the following new paragraph: + ``(5) Persons who are eligible for retired pay under chapter + 1223 of title 10, United States Code, and are-- + ``(A) eligible for care under section 1710 of title 38, + United States Code; + ``(B) enrolled in coverage under chapter 55 of title 10, + United States Code; or + ``(C) enrolled in a qualified health plan (as defined in + section 1301(a) of the Patient Protection and Affordable Care + Act (42 U.S.C. 18021(a))) that is acceptable to the Chief + Operating Officer.''. + (b) Parity of Fees and Deductions.--Section 1514(c) of such Act (24 +U.S.C. 414(c)) is amended-- + (1) by amending paragraph (2) to read as follows: + ``(2)(A) The fee shall be fixed as a percentage of the monthly +income and monthly payments (including Federal payments) received by a +resident. The percentage shall be the same for each facility of the +Retirement Home. The Secretary of Defense may make any adjustment in a +percentage that the Secretary determines appropriate. + ``(B) The calculation of monthly income and monthly payments under +subparagraph (A) for a resident eligible under section 1512(a)(5) shall +not be less than the retirement pay for equivalent active duty service +as determined by the Chief Operating Officer, except as the Chief +Operating Officer may provide because of the compelling personal +circumstances of such resident.''; and + (2) by adding at the end the following new paragraph: + ``(4) The Administrator of each facility of the Retirement Home may +collect a fee upon admission from a resident accepted under section +1512(a)(5) equal to the deductions then in effect under section +1007(i)(1) of title 37, United States Code, for each year of service +computed under chapter 1223 of title 10, United States Code, and shall +deposit such fee in the Armed Forces Retirement Home Trust Fund.''. + (c) Conforming Amendment.--Section 1007(i)(3) of title 37, United +States Code, is amended by striking ``Armed Forces Retirement Home +Board'' and inserting ``Chief Operating Officer of the Armed Forces +Retirement Home''. +SEC. 1413. PERIODIC INSPECTIONS OF ARMED FORCES RETIREMENT HOME +FACILITIES BY NATIONALLY RECOGNIZED ACCREDITING ORGANIZATION. + (a) In General.--Section 1518 of the Armed Forces Retirement Home +Act of 1991 (24 U.S.C. 418) is amended to read as follows: +``SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES. + ``(a) Inspections.--The Chief Operating Officer shall request the +inspection of each facility of the Retirement Home by a nationally +recognized civilian accrediting organization in accordance with section +1511(g) on a frequency consistent with the standards of such +organization. + ``(b) Availability of Staff and Records.--The Chief Operating +Officer and the Administrator of a facility being inspected under this +section shall make all staff, other personnel, and records of the +facility available to the civilian accrediting organization in a timely +manner for purposes of inspections under this section. + ``(c) Reports.--Not later than 60 days after receiving a report on +an inspection from the civilian accrediting organization under this +section, the Chief Operating Officer shall submit to the Secretary of +Defense, the Senior Medical Advisor, and the Advisory Council a report +containing-- + ``(1) the results of the inspection; and + ``(2) a plan to address any recommendations and other matters + set forth in the report.''. + (b) Conforming Amendments.--The Armed Forces Retirement Home Act of +1991 (24 U.S.C. 401 et seq.) is further amended as follows: + (1) In section 1513A(c)(2) (24 U.S.C. 413a(c)(2)), by striking + ``(including requirements identified in applicable reports of the + Inspector General of the Department of Defense)''. + (2) In section 1516(b)(3) (24 U.S.C. 416(b)(3))-- + (A) by striking ``shall--'' and all that follows through + ``provide for'' and inserting ``shall provide for''; + (B) by striking ``; and'' and inserting a period; and + (C) by striking subparagraph (B). + (3) In section 1517(e)(2) (24 U.S.C. 417(e)(2)), by striking + ``the Inspector General of the Department of Defense,''. + (c) Clerical Amendment.--The table of contents set forth in section +1501(b) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401 +note) is amended by striking the item related to section 1518 and +inserting the following: + +``Sec. 1518. Periodic inspection of Retirement Home facilities.''. - Nothing in the amendments made by this subtitle may be construed to -restrict or abrogate any other authorization for United States Agency -for International Development activities or programs. + Subtitle C--Other Matters - Subtitle I--Global Health Security Act of 2020 +SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF +DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION +FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS. + (a) Authority for Transfer of Funds.--Of the funds authorized to be +appropriated by section 1405 and available for the Defense Health +Program for operation and maintenance, $137,000,000 may be transferred +by the Secretary of Defense to the Joint Department of Defense- +Department of Veterans Affairs Medical Facility Demonstration Fund +established by subsection (a)(1) of section 1704 of the National +Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 +Stat. 2571). For purposes of subsection (a)(2) of such section 1704, +any funds so transferred shall be treated as amounts authorized and +appropriated specifically for the purpose of such a transfer. + (b) Use of Transferred Funds.--For the purposes of subsection (b) +of such section 1704, facility operations for which funds transferred +under subsection (a) may be used are operations of the Captain James A. +Lovell Federal Health Care Center, consisting of the North Chicago +Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and +supporting facilities designated as a combined Federal medical facility +under an operational agreement covered by section 706 of the Duncan +Hunter National Defense Authorization Act for Fiscal Year 2009 (Public +Law 110-417; 122 Stat. 4500). -SEC. 1299N-1. SHORT TITLE. + TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS + CONTINGENCY OPERATIONS - This subtitle may be cited as the ``Global Health Security Act of -2020''. + Subtitle A--Authorization of Appropriations -SEC. 1299N-2. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW COUNCIL. - - (a) Establishment.--The President shall establish a Global Health -Security Agenda Interagency Review Council (in this section referred to -as the ``Council'') to perform the general responsibilities described -in subsection (c) and the specific roles and responsibilities described -in subsection (e). - (b) Meetings.--The Council shall meet not less than four times per -year to advance its mission and fulfill its responsibilities. - (c) General Responsibilities.--The Council shall be responsible for -the following activities: - (1) Provide policy-level recommendations to participating - agencies on Global Health Security Agenda (GHSA) goals, - objectives, and implementation. - (2) Facilitate interagency, multi-sectoral engagement to - carry out GHSA implementation. - (3) Provide a forum for raising and working to resolve - interagency disagreements concerning the GHSA. - (4)(A) Review the progress toward and work to resolve - challenges in achieving United States commitments under the - GHSA, including commitments to assist other countries in - achieving the GHSA targets. - (B) The Council shall consider, among other issues, the - following: - (i) The status of United States financial - commitments to the GHSA in the context of commitments - by other donors, and the contributions of partner - countries to achieve the GHSA targets. - (ii) The progress toward the milestones outlined in - GHSA national plans for those countries where the - United States Government has committed to assist in - implementing the GHSA and in annual work-plans - outlining agency priorities for implementing the GHSA. - (iii) The external evaluations of United States and - partner country capabilities to address infectious - disease threats, including the ability to achieve the - targets outlined within the WHO Joint External - Evaluation (JEE) tool, as well as gaps identified by - such external evaluations. - (d) Participation.--The Council shall consist of representatives, -serving at the Assistant Secretary level or higher, from the following -agencies: - (1) The Department of State. - (2) The Department of Defense. - (3) The Department of Justice. - (4) The Department of Agriculture. - (5) The Department of Health and Human Services. - (6) The Department of Labor. - (7) The Department of Homeland Security. - (8) The Office of Management and Budget. - (9) The United States Agency for International Development. - (10) The Environmental Protection Agency. - (11) The Centers for Disease Control and Prevention. - (12) The Office of Science and Technology Policy. - (13) The National Institutes of Health. - (14) The National Institute of Allergy and Infectious - Diseases. - (15) Such other agencies as the Council determines to be - appropriate. - (e) Specific Roles and Responsibilities.-- - (1) In general.--The heads of agencies described in - subsection (d) shall-- - (A) make the GHSA and its implementation a high - priority within their respective agencies, and include - GHSA-related activities within their respective - agencies' strategic planning and budget processes; - (B) designate a senior-level official to be - responsible for the implementation of this subtitle; - (C) designate, in accordance with subsection (d), - an appropriate representative at the Assistant - Secretary level or higher to participate on the - Council; - (D) keep the Council apprised of GHSA-related - activities undertaken within their respective agencies; - (E) maintain responsibility for agency-related - programmatic functions in coordination with host - governments, country teams, and GHSA in-country teams, - and in conjunction with other relevant agencies; - (F) coordinate with other agencies that are - identified in this section to satisfy programmatic - goals, and further facilitate coordination of country - teams, implementers, and donors in host countries; and - (G) coordinate across GHSA national plans and with - GHSA partners to which the United States is providing - assistance. - (2) Additional roles and responsibilities.--In addition to - the roles and responsibilities described in paragraph (1), the - heads of agencies described in subsection (d) shall carry out - their respective roles and responsibilities described in - subsections (b) through (i) of section 3 of Executive Order No. - 13747 (81 Fed. Reg. 78701; relating to Advancing the Global - Health Security Agenda to Achieve a World Safe and Secure from - Infectious Disease Threats), as in effect on the day before the - date of the enactment of this Act. +Sec. 1501. Purpose. +Sec. 1502. Overseas contingency operations. +Sec. 1503. Procurement. +Sec. 1504. Research, development, test, and evaluation. +Sec. 1505. Operation and maintenance. +Sec. 1506. Military personnel. +Sec. 1507. Working capital funds. +Sec. 1508. Drug interdiction and counter-drug activities, defense-wide. +Sec. 1509. Defense Inspector General. +Sec. 1510. Defense Health Program. + + Subtitle B--Financial Matters -SEC. 1299N-3. UNITED STATES COORDINATOR FOR GLOBAL HEALTH SECURITY. - - (a) Sense of Congress.--It is the sense of the Congress that, given -the complex and multisectoral nature of global health threats to the -United States, the President should consider appointing an individual -with significant background and expertise in public health or emergency -response management to the position of United States Coordinator for -Global Health Security, as required by subsection (b), who is an -employee of the National Security Council at the level of Deputy -Assistant to the President or higher. - (b) In General.--The President shall appoint an individual to the -position of United States Coordinator for Global Health Security, who -shall be responsible for the coordination of the interagency process -for responding to global health security emergencies. As appropriate, -the designee shall coordinate with the President's Special Coordinator -for International Disaster Assistance. - (c) Congressional Briefing.--Not less frequently than twice each -year, the employee designated under this section shall provide to the -appropriate congressional committees a briefing on the responsibilities -and activities of the individual under this section. - -SEC. 1299N-4. STRATEGY AND REPORTS. - - (a) Sense of Congress.--It is the sense of the Congress that, given -the complex and multisectoral nature of global health threats to the -United States, the President, in providing assistance to implement the -strategy required under subsection (c), should-- - (1) coordinate, through a whole-of-government approach, the - efforts of relevant Federal departments and agencies to - implement the strategy; - (2) seek to fully utilize the unique capabilities of each - relevant Federal department and agency while collaborating with - and leveraging the contributions of other key stakeholders; and - (3) utilize open and streamlined solicitations to allow for - the participation of a wide range of implementing partners - through the most appropriate procurement mechanisms, which may - include grants, contracts, cooperative agreements, and other - instruments as necessary and appropriate. - (b) Statement of Policy.--It is the policy of the United States -to-- - (1) promote global health security as a core national - security interest; - (2) advance the aims of the Global Health Security Agenda; - (3) collaborate with other countries to detect and mitigate - outbreaks early to prevent the spread of disease; - (4) encourage other countries to invest in basic resilient - and sustainable health care systems; and - (5) strengthen global health security across the - intersection of human and animal health to prevent infectious - disease outbreaks and combat the growing threat of - antimicrobial resistance. - (c) Strategy.--The United States Coordinator for Global Health -Security (appointed under section 1299N-3(b)) shall coordinate the -development and implementation of a strategy to implement the policy -aims described in subsection (b), which shall-- - (1) set specific and measurable goals, benchmarks, - timetables, performance metrics, and monitoring and evaluation - plans that reflect international best practices relating to - transparency, accountability, and global health security; - (2) support and be aligned with country-owned global health - security policy and investment plans developed with input from - key stakeholders, as appropriate; - (3) facilitate communication and collaboration, as - appropriate, among local stakeholders in support of a multi- - sectoral approach to global health security; - (4) support the long-term success of programs by building - the capacity of local organizations and institutions in target - countries and communities; - (5) develop community resilience to infectious disease - threats and emergencies; - (6) leverage resources and expertise through partnerships - with the private sector, health organizations, civil society, - nongovernmental organizations, and health research and academic - institutions; and - (7) support collaboration, as appropriate, between United - States universities, and public and private institutions in - target countries and communities to promote health security and - innovation. - (d) Coordination.--The President, acting through the United States -Coordinator for Global Health Security, shall coordinate, through a -whole-of-government approach, the efforts of relevant Federal -departments and agencies in the implementation of the strategy required -under subsection (c) by-- - (1) establishing monitoring and evaluation systems, - coherence, and coordination across relevant Federal departments - and agencies; and - (2) establishing platforms for regular consultation and - collaboration with key stakeholders and the appropriate - congressional committees. - (e) Strategy Submission.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the President, in consultation with - the head of each relevant Federal department and agency, shall - submit to the appropriate congressional committees the strategy - required under subsection (c) that provides a detailed - description of how the United States intends to advance the - policy set forth in subsection (b) and the agency-specific - plans described in paragraph (2). - (2) Agency-specific plans.--The strategy required under - subsection (c) shall include specific implementation plans from - each relevant Federal department and agency that describes-- - (A) the anticipated contributions of the department - or agency, including technical, financial, and in-kind - contributions, to implement the strategy; and - (B) the efforts of the department or agency to - ensure that the activities and programs carried out - pursuant to the strategy are designed to achieve - maximum impact and long-term sustainability. - (f) Report.-- - (1) In general.--Not later than 1 year after the date on - which the strategy required under subsection (c) is submitted - to the appropriate congressional committees under subsection - (e), and not later than October 1 of each year thereafter, the - President shall submit to the appropriate congressional - committees a report that describes the status of the - implementation of the strategy. - (2) Contents.--The report required under paragraph (1) - shall-- - (A) identify any substantial changes made in the - strategy during the preceding calendar year; - (B) describe the progress made in implementing the - strategy; - (C) identify the indicators used to establish - benchmarks and measure results over time, as well as - the mechanisms for reporting such results in an open - and transparent manner; - (D) contain a transparent, open, and detailed - accounting of expenditures by relevant Federal - departments and agencies to implement the strategy, - including, to the extent practicable, for each Federal - department and agency, the statutory source of - expenditures, amounts expended, partners, targeted - populations, and types of activities supported; - (E) describe how the strategy leverages other - United States global health and development assistance - programs; - (F) assess efforts to coordinate United States - global health security programs, activities, and - initiatives with key stakeholders; - (G) incorporate a plan for regularly reviewing and - updating strategies, partnerships, and programs and - sharing lessons learned with a wide range of - stakeholders, including key stakeholders, in an open, - transparent manner; and - (H) describe the progress achieved and challenges - concerning the United States Government's ability to - advance the Global Health Security Agenda across - priority countries, including data disaggregated by - priority country using indicators that are consistent - on a year-to-year basis and recommendations to resolve, - mitigate, or otherwise address the challenges - identified therein. - (g) Form.--The strategy required under subsection (c) and the -report required under subsection (f) shall be submitted in unclassified -form but may contain a classified annex. - -SEC. 1299N-5. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND - ACCOUNTABILITY ACT OF 2016. - - Section 2(3) of the Foreign Aid Transparency and Accountability Act -of 2016 (Public Law 114-191; 22 U.S.C. 2394c note) is amended-- - (1) in subparagraph (C), by striking ``and'' at the end; - (2) in subparagraph (D), by striking the period at the end - and inserting ``; and''; and - (3) by adding at the end the following: - ``(E) the Global Health Security Act of 2020.''. +Sec. 1511. Treatment as additional authorizations. +Sec. 1512. Special transfer authority. -SEC. 1299N-6. DEFINITIONS. + Subtitle C--Other Matters - In this subtitle: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Affairs and the - Committee on Appropriations of the House of - Representatives; and - (B) the Committee on Foreign Relations and the - Committee on Appropriations of the Senate. - (2) Global health security.--The term ``global health - security'' means activities supporting epidemic and pandemic - preparedness and capabilities at the country and global levels - in order to minimize vulnerability to acute public health - events that can endanger the health of populations across - geographical regions and international boundaries. - -SEC. 1299N-7. SUNSET. - - This subtitle, and the amendments made by this subtitle, (other -than section 1299N-3) shall cease to be effective on December 31, 2024. - - Subtitle J--United States Nationals Unlawfully or Wrongfully Detained - Abroad - -SEC. 1299O-1. SHORT TITLE. - - This subtitle may be cited as the ``Robert Levinson Hostage -Recovery and Hostage-Taking Accountability Act''. - -SEC. 1299O-2. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY OR - WRONGFULLY DETAINED ABROAD. - - (a) Review.--The Secretary of State shall review the cases of -United States nationals detained abroad to determine if there is -credible information that they are being detained unlawfully or -wrongfully, based on criteria which may include whether-- - (1) United States officials receive or possess credible - information indicating innocence of the detained individual; - (2) the individual is being detained solely or - substantially because he or she is a United States national; - (3) the individual is being detained solely or - substantially to influence United States Government policy or - to secure economic or political concessions from the United - States Government; - (4) the detention appears to be because the individual - sought to obtain, exercise, defend, or promote freedom of the - press, freedom of religion, or the right to peacefully - assemble; - (5) the individual is being detained in violation of the - laws of the detaining country; - (6) independent nongovernmental organizations or - journalists have raised legitimate questions about the - innocence of the detained individual; - (7) the United States mission in the country where the - individual is being detained has received credible reports that - the detention is a pretext for an illegitimate purpose; - (8) the individual is detained in a country where the - Department of State has determined in its annual human rights - reports that the judicial system is not independent or - impartial, is susceptible to corruption, or is incapable of - rendering just verdicts; - (9) the individual is being detained in inhumane - conditions; - (10) due process of law has been sufficiently impaired so - as to render the detention arbitrary; and - (11) United States diplomatic engagement is likely - necessary to secure the release of the detained individual. - (b) Referrals to the Special Envoy.--Upon a determination by the -Secretary of State, based on the totality of the circumstances, that -there is credible information that the detention of a United States -national abroad is unlawful or wrongful, and regardless of whether the -detention is by a foreign government or a nongovernmental actor, the -Secretary shall transfer responsibility for such case from the Bureau -of Consular Affairs of the Department of State to the Special Envoy for -Hostage Affairs created pursuant to section 1299O-3. - (c) Report.-- - (1) Annual report.-- - (A) In general.--The Secretary of State shall - submit to the appropriate congressional committees an - annual report with respect to United States nationals - for whom the Secretary determines there is credible - information of unlawful or wrongful detention abroad. - (B) Form.--The report required under this paragraph - shall be submitted in unclassified form, but may - include a classified annex if necessary. - (2) Composition.--The report required under paragraph (1) - shall include current estimates of the number of individuals so - detained, as well as relevant information about particular - cases, such as-- - (A) the name of the individual, unless the - provision of such information is inconsistent with - section 552a of title 5, United States Code (commonly - known as the ``Privacy Act of 1974''); - (B) basic facts about the case; - (C) a summary of the information that such - individual may be detained unlawfully or wrongfully; - (D) a description of specific efforts, legal and - diplomatic, taken on behalf of the individual since the - last reporting period, including a description of - accomplishments and setbacks; and - (E) a description of intended next steps. - (d) Resource Guidance.-- - (1) Establishment.--Not later than 180 days after the date - of the enactment of this Act and after consulting with relevant - organizations that advocate on behalf of United States - nationals detained abroad and the Family Engagement Coordinator - established pursuant to section 1299O-4(c)(2), the Secretary of - State shall provide resource guidance in writing for government - officials and families of unjustly or wrongfully detained - individuals. - (2) Content.--The resource guidance required under - paragraph (1) should include-- - (A) information to help families understand United - States policy concerning the release of United States - nationals unlawfully or wrongfully held abroad; - (B) contact information for officials in the - Department of State or other government agencies suited - to answer family questions; - (C) relevant information about options available to - help families obtain the release of unjustly or - wrongfully detained individuals, such as guidance on - how families may engage with United States diplomatic - and consular channels to ensure prompt and regular - access for the detained individual to legal counsel, - family members, humane treatment, and other services; - (D) guidance on submitting public or private - letters from members of Congress or other individuals - who may be influential in securing the release of an - individual; and - (E) appropriate points of contacts, such as legal - resources and counseling services, who have a record of - assisting victims' families. - -SEC. 1299O-3. SPECIAL ENVOY FOR HOSTAGE AFFAIRS. - - (a) Establishment.--There is within the office of the Secretary of -State a Special Presidential Envoy for Hostage Affairs. - (b) Responsibilities.--The Special Presidential Envoy for Hostage -Affairs, under the supervision of the Secretary of State, shall-- - (1) lead diplomatic engagement on United States hostage - policy; - (2) coordinate all diplomatic engagements in support of - hostage recovery efforts, in coordination with the Hostage - Recovery Fusion Cell and consistent with policy guidance - communicated through the Hostage Response Group; - (3) coordinate with the Hostage Recovery Fusion Cell - proposals for diplomatic engagements and strategy in support of - hostage recovery efforts; - (4) provide senior representation from the Special Envoy's - office to the Hostage Recovery Fusion Cell established under - section 1299O-4 and the Hostage Response Group established - under section 1299O-5; and - (5) in coordination with the Hostage Recovery Fusion Cell - as appropriate, coordinate diplomatic engagements regarding - cases in which a foreign government confirms that it has - detained a United States national but the United States - Government regards such detention as unlawful or wrongful. - -SEC. 1299O-4. HOSTAGE RECOVERY FUSION CELL. - - (a) Establishment.--The President shall establish an interagency -Hostage Recovery Fusion Cell. - (b) Participation.--The President shall direct the heads of each of -the following executive departments, agencies, and offices to make -available personnel to participate in the Hostage Recovery Fusion Cell: - (1) The Department of State. - (2) The Department of the Treasury. - (3) The Department of Defense. - (4) The Department of Justice. - (5) The Office of the Director of National Intelligence. - (6) The Federal Bureau of Investigation. - (7) The Central Intelligence Agency. - (8) Other agencies as the President, from time to time, may - designate. - (c) Personnel.--The Hostage Recovery Fusion Cell shall include-- - (1) a Director, who shall be a full-time senior officer or - employee of the United States Government; - (2) a Family Engagement Coordinator who shall-- - (A) work to ensure that all interactions by - executive branch officials with a hostage's family - occur in a coordinated fashion and that the family - receives consistent and accurate information from the - United States Government; and - (B) if directed, perform the same function as set - out in subparagraph (A) with regard to the family of a - United States national who is unlawfully or wrongfully - detained abroad; and - (3) other officers and employees as deemed appropriate by - the President. - (d) Duties.--The Hostage Recovery Fusion Cell shall-- - (1) coordinate efforts by participating agencies to ensure - that all relevant information, expertise, and resources are - brought to bear to secure the safe recovery of United States - nationals held hostage abroad; - (2) if directed, coordinate the United States Government's - response to other hostage-takings occurring abroad in which the - United States has a national interest; - (3) if directed, coordinate or assist the United States - Government's response to help secure the release of United - States nationals unlawfully or wrongfully detained abroad; and - (4) pursuant to policy guidance coordinated through the - National Security Council-- - (A) identify and recommend hostage recovery options - and strategies to the President through the National - Security Council or the Deputies Committee of the - National Security Council; - (B) coordinate efforts by participating agencies to - ensure that information regarding hostage events, - including potential recovery options and engagements - with families and external actors (including foreign - governments), is appropriately shared within the United - States Government to facilitate a coordinated response - to a hostage-taking; - (C) assess and track all hostage-takings of United - States nationals abroad and provide regular reports to - the President and Congress on the status of such cases - and any measures being taken toward the hostages' safe - recovery; - (D) provide a forum for intelligence sharing and, - with the support of the Director of National - Intelligence, coordinate the declassification of - relevant information; - (E) coordinate efforts by participating agencies to - provide appropriate support and assistance to hostages - and their families in a coordinated and consistent - manner and to provide families with timely information - regarding significant events in their cases; - (F) make recommendations to agencies in order to - reduce the likelihood of United States nationals' being - taken hostage abroad and enhance United States - Government preparation to maximize the probability of a - favorable outcome following a hostage-taking; and - (G) coordinate with agencies regarding - congressional, media, and other public inquiries - pertaining to hostage events. - (e) Administration.--The Hostage Recovery Fusion Cell shall be -located within the Federal Bureau of Investigation for administrative -purposes. - -SEC. 1299O-5. HOSTAGE RESPONSE GROUP. - - (a) Establishment.--The President shall establish a Hostage -Response Group, chaired by a designated member of the National Security -Council or the Deputies Committee of the National Security Council, to -be convened on a regular basis, to further the safe recovery of United -States nationals held hostage abroad or unlawfully or wrongfully -detained abroad, and to be tasked with coordinating the United States -Government response to other hostage-takings occurring abroad in which -the United States has a national interest. - (b) Membership.--The regular members of the Hostage Response Group -shall include the Director of the Hostage Recovery Fusion Cell, the -Hostage Recovery Fusion Cell's Family Engagement Coordinator, the -Special Envoy appointed pursuant to section 1299O-3, and -representatives from the Department of the Treasury, the Department of -Defense, the Department of Justice, the Federal Bureau of -Investigation, the Office of the Director of National Intelligence, the -Central Intelligence Agency, and other agencies as the President, from -time to time, may designate. - (c) Duties.--The Hostage Recovery Group shall-- - (1) identify and recommend hostage recovery options and - strategies to the President through the National Security - Council; - (2) coordinate the development and implementation of United - States hostage recovery policies, strategies, and procedures; - (3) receive regular updates from the Hostage Recovery - Fusion Cell and the Special Envoy for Hostage Affairs on the - status of United States nationals being held hostage or - unlawfully or wrongfully detained abroad and measures being - taken to effect safe recoveries; - (4) coordinate the provision of policy guidance to the - Hostage Recovery Fusion Cell, including reviewing recovery - options proposed by the Hostage Recovery Fusion Cell and - working to resolve disputes within the Hostage Recovery Fusion - Cell; - (5) as appropriate, direct the use of resources at the - Hostage Recovery Fusion Cell to coordinate or assist in the - safe recovery of United States nationals unlawfully or - wrongfully detained abroad; and - (6) as appropriate, direct the use of resources at the - Hostage Recovery Fusion Cell to coordinate the United States - Government response to other hostage-takings occurring abroad - in which the United States has a national interest. - (d) Meetings.--The Hostage Response Group shall meet regularly. - (e) Reporting.--The Hostage Response Group shall regularly provide -recommendations on hostage recovery options and strategies to the -National Security Council. - -SEC. 1299O-6. AUTHORIZATION OF IMPOSITION OF SANCTIONS. - - (a) In General.--The President may impose the sanctions described -in subsection (b) with respect to any foreign person the President -determines, based on credible evidence-- - (1) is responsible for or is complicit in, or responsible - for ordering, controlling, or otherwise directing, the hostage- - taking of a United States national abroad or the unlawful or - wrongful detention of a United States national abroad; or - (2) knowingly provides financial, material, or - technological support for, or goods or services in support of, - an activity described in paragraph (1). - (b) Sanctions Described.--The sanctions described in this -subsection are the following: - (1) Ineligibility for visas, admission, or parole.-- - (A) Visas, admission, or parole.--An alien - described in subsection (a) may be-- - (i) inadmissible to the United States; - (ii) ineligible to receive a visa or other - documentation to enter the United States; and - (iii) otherwise ineligible to be admitted - or paroled into the United States or to receive - any other benefit under the Immigration and - Nationality Act (8 U.S.C. 1101 et seq.). - (B) Current visas revoked.-- - (i) In general.--An alien described in - subsection (a) may be subject to revocation of - any visa or other entry documentation - regardless of when the visa or other entry - documentation is or was issued. - (ii) Immediate effect.--A revocation under - clause (i) may-- - (I) take effect immediately; and - (II) cancel any other valid visa or - entry documentation that is in the - alien's possession. - (2) Blocking of property.-- - (A) In general.--The President may exercise all of - the powers granted to the President under the - International Emergency Economic Powers Act (50 U.S.C. - 1701 et seq.), to the extent necessary to block and - prohibit all transactions in property and interests in - property of a foreign person described in subsection - (a) if such property and interests in property are in - the United States, come within the United States, or - are or come within the possession or control of a - United States person. - (B) Inapplicability of national emergency - requirement.--The requirements of section 202 of the - International Emergency Economic Powers Act (50 U.S.C. - 1701) shall not apply for purposes of this section. - (c) Exceptions.-- - (1) Exception for intelligence activities.--Sanctions under - this section shall not apply to any activity subject to the - reporting requirements under title V of the National Security - Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized - intelligence activities of the United States. - (2) Exception to comply with international obligations and - for law enforcement activities.--Sanctions under subsection - (b)(1) shall not apply with respect to an alien if admitting or - paroling the alien into the United States is necessary-- - (A) to permit the United States to comply with the - Agreement regarding the Headquarters of the United - Nations, signed at Lake Success June 26, 1947, and - entered into force November 21, 1947, between the - United Nations and the United States, or other - applicable international obligations; or - (B) to carry out or assist law enforcement activity - in the United States. - (d) Penalties.--A person that violates, attempts to violate, -conspires to violate, or causes a violation of subsection (b)(2) or any -regulation, license, or order issued to carry out that subsection shall -be subject to the penalties set forth in subsections (b) and (c) of -section 206 of the International Emergency Economic Powers Act (50 -U.S.C. 1705) to the same extent as a person that commits an unlawful -act described in subsection (a) of that section. - (e) Termination of Sanctions.--The President may terminate the -application of sanctions under this section with respect to a person if -the President determines that-- - (1) information exists that the person did not engage in - the activity for which sanctions were imposed; - (2) the person has been prosecuted appropriately for the - activity for which sanctions were imposed; - (3) the person has credibly demonstrated a significant - change in behavior, has paid an appropriate consequence for the - activity for which sanctions were imposed, and has credibly - committed to not engage in an activity described in subsection - (a) in the future; or - (4) the termination of the sanctions is in the national - security interests of the United States. - (f) Reporting Requirement.--If the President terminates sanctions -pursuant to subsection (d), the President shall report to the -appropriate congressional committees a written justification for such -termination within 15 days. - (g) Implementation of Regulatory Authority.--The President may -exercise all authorities provided under sections 203 and 205 of the -International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) -to carry out this section. - (h) Exception Relating to Importation of Goods.-- - (1) In general.--The authorities and requirements to impose - sanctions authorized under this section shall not include the - authority or a requirement to impose sanctions on the - importation of goods. - (2) Good defined.--In this subsection, the term ``good'' - means any article, natural or manmade substance, material, - supply or manufactured product, including inspection and test - equipment, and excluding technical data. - (i) Definitions.--In this section: - (1) Foreign person.--The term ``foreign person'' means-- - (A) any citizen or national of a foreign country - (including any such individual who is also a citizen or - national of the United States); or - (B) any entity not organized solely under the laws - of the United States or existing solely in the United - States. - (2) United states person.--The term ``United States - person'' means-- - (A) an individual who is a United States citizen or - an alien lawfully admitted for permanent residence to - the United States; - (B) an entity organized under the laws of the - United States or any jurisdiction within the United - States, including a foreign branch of such an entity; - or - (C) any person in the United States. +Sec. 1521. Afghanistan Security Forces Fund. -SEC. 1299O-7. DEFINITIONS. - - In this subtitle: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Relations, the - Committee on Appropriations, the Committee on Banking, - Housing, and Urban Affairs, the Committee on the - Judiciary, the Committee on Armed Services, and the - Select Committee on Intelligence of the United States - Senate; and - (B) the Committee on Foreign Affairs, the Committee - on Appropriations, the Committee on Financial Services, - the Committee on the Judiciary, the Committee on Armed - Services, and the Permanent Select Committee on - Intelligence of the House of Representatives. - (2) United states national.--The term ``United States - national'' means-- - (A) a United States national as defined in section - 101(a)(22) or section 308 of the Immigration and - Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); - and - (B) a lawful permanent resident alien with - significant ties to the United States. - -SEC. 1299O-8. RULE OF CONSTRUCTION. - - Nothing in this subtitle may be construed to authorize a private -right of action. - - Subtitle K--Matters Relating to the Northern Triangle - -SEC. 1299P-1. ACTIONS TO ADVANCE PROSPERITY IN THE NORTHERN TRIANGLE. - - (a) Secretary of State Prioritization.--The Secretary of State -shall prioritize prosperity in the Northern Triangle countries by -carrying out the following initiatives: - (1) Supporting market-based solutions to eliminate - constraints to inclusive economic growth, including through - support for increased digital connectivity and the use of - financial technology, and private sector and civil society-led - efforts to create jobs and foster economic prosperity. - (2) Addressing underlying causes of poverty and inequality, - including by improving nutrition and food security, providing - health resources and access to clean water, sanitation, - hygiene, and shelter, and improving livelihoods. - (3) Responding to immediate humanitarian needs by - increasing humanitarian assistance, including through access to - clean water, sanitation, hygiene, and shelter, improving - livelihoods, and by providing health resources and improving - nutrition and food security. - (4) Supporting conservation and community resilience and - strengthening community preparedness for natural disasters and - other external shocks. - (5) Identifying, as appropriate, a role for the United - States International Development Finance Corporation, the - Millennium Challenge Corporation (MCC), the United States - Agency for International Development, and the United States - private sector in supporting efforts to increase private sector - investment and strengthen economic prosperity. - (6) Expanding comprehensive reintegration mechanisms for - repatriated individuals once returned to their countries of - origin and supporting efforts by the private sector to hire and - train eligible returnees. - (7) Establishing monitoring and verification services to - determine the well-being of repatriated children in order to - determine if United States protection and screening functioned - effectively in identifying persecuted and trafficked children. - (8) Supporting efforts to increase domestic resource - mobilization, including through strengthening of tax collection - and enforcement and legal arbitration mechanisms. - (b) Strategy.-- - (1) Elements.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of State, in - coordination with the Administrator of the United States Agency - for International Development, the President and Chief - Executive Officer of the Inter-American Foundation, the - Director of the United States Trade and Development Agency, the - Chief Executive Officer of the United States International - Development Finance Corporation, and the heads of other - relevant Federal agencies, shall submit to the appropriate - congressional committees a 5-year strategy to prioritize - prosperity in the Northern Triangle countries by carrying out - the initiatives described in subsection (a). - (2) Consultation.--In developing the strategy required - under paragraph (1), the Secretary of State shall consult with - nongovernmental organizations in the Northern Triangle - countries and the United States. - (3) Benchmarks.--The strategy required under paragraph (1) - shall include annual benchmarks to track the strategy's - progress in curbing irregular migration from the Northern - Triangle to the United States. - (4) Public diplomacy.--The strategy required under - paragraph (1) shall include a public diplomacy strategy for - educating citizens of the Northern Triangle countries about - United States assistance and its benefits to them, and - informing such citizens of the dangers of illegal migration to - the United States. - (5) Annual progress updates.--Not later than 1 year after - the submission of the strategy required under paragraph (1) and - annually thereafter for 4 years, the Secretary of State shall - provide the appropriate congressional committees with a written - description of progress made in meeting the benchmarks - established in the strategy. - (6) Public availability.--The strategy required under - paragraph (1) shall be made publicly available on the website - of the Department of State. - (c) Report on Establishing an Investment Fund for the Northern -Triangle Countries and Southern Mexico.--Not later than 180 days after -the date of the enactment of this Act, the Chief Executive Officer of -the United States International Development Finance Corporation shall -submit to the appropriate congressional committees a detailed report -assessing the feasibility, costs, and benefits of the Corporation -establishing an investment fund to promote economic and social -development in the Northern Triangle countries and southern Mexico. - -SEC. 1299P-2. ACTIONS TO COMBAT CORRUPTION IN THE NORTHERN TRIANGLE. - - (a) Secretary of State Prioritization.--The Secretary of State -shall prioritize efforts to combat corruption in the Northern Triangle -countries by carrying out the following initiatives: - (1) Supporting anticorruption efforts, including by - strengthening national justice systems and attorneys general, - providing technical assistance to identify and prosecute money - laundering and other financial crimes, breaking up financial - holdings of organized criminal syndicates, including illegally - acquired lands and proceeds from illegal activities, and - supporting independent media and investigative reporting. - (2) Supporting anticorruption efforts through bilateral - assistance and complementary support through multilateral - anticorruption mechanisms when necessary. - (3) Encouraging cooperation agreements between the - Department of State and relevant United States Government - agencies and attorneys general to fight corruption. - (4) Supporting efforts to strengthen special prosecutorial - offices and financial institutions to combat corruption, money - laundering, financial crimes, extortion, human rights crimes, - asset forfeiture, and criminal analysis. - (5) Supporting initiatives to advance judicial integrity - and improve security for members of the judicial sector. - (6) Supporting transparent, merit-based selection processes - for prosecutors and judges and the development of professional - and merit-based civil services. - (7) Supporting the establishment or strengthening of - methods, procedures, and expectations for internal and external - control mechanisms for the security and police services and - judiciary. - (8) Supporting the adoption of appropriate technologies to - combat corruption in public finance. - (b) Strategy.-- - (1) Elements.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of State, in - coordination with the Administrator of the United States Agency - for International Development and the heads of other relevant - Federal agencies, shall submit to the appropriate congressional - committees a 5-year strategy to combat corruption in the - Northern Triangle countries by carrying out the initiatives - described in subsection (a). - (2) Consultation.--In developing the strategy required - under paragraph (1), the Secretary of State shall consult with - nongovernmental organizations in the Northern Triangle - countries and the United States. - (3) Benchmarks.--The strategy required under paragraph (1) - shall include annual benchmarks to track the strategy's - progress in curbing irregular migration from the Northern - Triangle to the United States. - (4) Public diplomacy.--The strategy required under - paragraph (1) shall include a public diplomacy strategy for - educating citizens of the Northern Triangle countries about - United States assistance and its benefits to them, and - informing such citizens of the dangers of illegal migration to - the United States. - (5) Annual progress updates.--Not later than 1 year after - the submission of the strategy required under paragraph (1) and - annually thereafter for 4 years, the Secretary of State shall - provide the appropriate congressional committees with a written - description of progress made in meeting the benchmarks - established in the strategy. - (6) Public availability.--The strategy required under - paragraph (1) shall be made publicly available on the website - of the Department of State. - (c) Designation of a Senior Rule of Law Advisor for the Northern -Triangle in the Bureau of Western Hemisphere Affairs.--The Secretary of -State shall designate in the Bureau of Western Hemisphere Affairs of -the Department of State a Senior Rule of Law Advisor for the Northern -Triangle who shall lead diplomatic engagement with the Northern -Triangle countries in support of democratic governance, anticorruption -efforts, and the rule of law in all aspects of United States policy -towards the countries of the Northern Triangle, including carrying out -the initiatives described in subsection (a) and developing the strategy -required under subsection (b). The individual designated in accordance -with this subsection shall be a Department of State employee in the -Bureau of Western Hemisphere Affairs. - -SEC. 1299P-3. ACTIONS TO STRENGTHEN DEMOCRATIC INSTITUTIONS IN THE - NORTHERN TRIANGLE. - - (a) Secretary of State Prioritization.--The Secretary of State -shall prioritize strengthening democratic institutions, good -governance, human rights, and the rule of law in the Northern Triangle -countries by carrying out the following initiatives: - (1) Providing support to strengthen government institutions - and actors at the local and national levels to provide services - and respond to citizen needs through transparent, inclusive, - and democratic processes. - (2) Supporting efforts to strengthen access to information - laws and reform laws that currently limit access to - information. - (3) Financing efforts to build the capacity of independent - media with a specific focus on professional investigative - journalism. - (4) Ensuring that threats and attacks on journalists and - human rights defenders are fully investigated and perpetrators - are held accountable. - (5) Developing the capacity of civil society to conduct - oversight and accountability mechanisms at the national and - local levels. - (6) Training political actors committed to democratic - principles. - (7) Strengthening electoral institutions and processes to - ensure free, fair, and transparent elections. - (8) Advancing conservation principles and the rule of law - to address multiple factors, including the impacts of illegal - cattle ranching and smuggling as drivers of deforestation. - (b) Strategy.-- - (1) Elements.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of State, in - coordination with the Administrator of the United States Agency - for International Development and the heads of other relevant - Federal agencies, shall submit to the appropriate congressional - committees a strategy to support democratic governance in the - Northern Triangle countries by carrying out the initiatives - described in subsection (a). - (2) Consultation.--In developing the strategy required - under paragraph (1), the Secretary of State shall consult with - nongovernmental organizations in the Northern Triangle - countries and the United States. - (3) Benchmarks.--The strategy required under paragraph (1) - shall include annual benchmarks to track the strategy's - progress in curbing irregular migration from the Northern - Triangle to the United States. - (4) Public diplomacy.--The strategy required under - paragraph (1) shall include a public diplomacy strategy for - educating citizens of the Northern Triangle countries about - United States assistance and its benefits to them, and - informing such citizens of the dangers of illegal migration to - the United States. - (5) Annual progress updates.--Not later than 1 year after - the submission of the strategy required under paragraph (1) and - annually thereafter for 4 years, the Secretary of State shall - provide the appropriate congressional committees with a written - description of progress made in meeting the benchmarks - established in the strategy. - (6) Public availability.--The strategy required under - paragraph (1) shall be made publicly available on the website - of the Department of State. - -SEC. 1299P-4. ACTIONS TO IMPROVE SECURITY CONDITIONS IN THE NORTHERN - TRIANGLE. - - (a) Secretary of State Prioritization.--The Secretary of State -shall prioritize security in the Northern Triangle countries by -carrying out the following initiatives: - (1) Implementing the Central America Regional Security - Initiative of the Department of State. - (2) Continuing the vetting and professionalization of - security services, including the civilian police and military - units. - (3) Supporting efforts to combat the illicit activities of - criminal gangs and transnational criminal organizations, - including MS-13 and the 18th Street Gang, through support to - fully vetted elements of attorneys general offices, appropriate - government institutions, and security services. - (4) Supporting training for fully vetted civilian police - and appropriate security services in criminal investigations, - best practices for citizen security, and human rights. - (5) Providing capacity-building to relevant security - services and attorneys general to support counternarcotics - efforts and combat human trafficking, forcible recruitment of - children and youth by gangs, gender-based violence, and other - illicit activities, including trafficking of wildlife, and - natural resources. - (6) Encouraging collaboration with regional and - international partners in implementing security assistance, - including by supporting cross-border information sharing on - gangs and transnational criminal organizations. - (7) Providing equipment, technology, tools, and training to - security services to assist in border and port inspections. - (8) Providing equipment, technology, tools, and training to - assist security services in counternarcotics and other efforts - to combat illicit activities. - (9) Continuing information sharing regarding known or - suspected terrorists and other individuals and entities that - pose a potential threat to United States national security that - are crossing through or residing in the Northern Triangle. - (10) Supporting information sharing on gangs and - transnational criminal organizations between relevant Federal, - State, and local law enforcement and the governments of the - Northern Triangle countries. - (11) Considering the use of assets and resources of United - States State and local government entities, as appropriate, to - support the activities described in this subsection. - (12) Providing thorough end-use monitoring of equipment, - technology, tools, and training provided pursuant to this - subsection. - (b) Strategy.-- - (1) Elements.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of State, in - coordination with the Administrator of the United States Agency - for International Development and the heads of other relevant - Federal agencies, shall submit to the appropriate congressional - committees a 5-year strategy to prioritize the improvement of - security in the Northern Triangle countries by carrying out the - initiatives described in subsection (a). - (2) Consultation.--In developing the strategy required - under paragraph (1), the Secretary of State shall consult with - nongovernmental organizations in the Northern Triangle - countries and the United States. - (3) Benchmarks.--The strategy required under paragraph (1) - shall include annual benchmarks to track the strategy's - progress in curbing irregular migration from the Northern - Triangle to the United States. - (4) Public diplomacy.--The strategy required under - paragraph (1) shall include a public diplomacy strategy for - educating citizens of the Northern Triangle countries about - United States assistance and its benefits to them, and - informing such citizens of the dangers of illegal migration to - the United States. - (5) Annual progress updates.--Not later than 1 year after - the submission of the strategy required under paragraph (1) and - annually thereafter for 4 years, the Secretary of State shall - provide the appropriate congressional committees with a written - description of progress made in meeting the benchmarks - established in the strategy. - (6) Public availability.--The strategy required under - paragraph (1) shall be made publicly available on the website - of the Department of State. - (c) Women and Children Protection Compacts.-- - (1) In general.--The President, in consultation with the - Secretary of State, the Administrator of the United States - Agency for International Development, and the heads of other - relevant Federal departments or agencies, is authorized to - enter into bilateral agreements with one or more of the - Governments of El Salvador, Guatemala, or Honduras to provide - United States assistance for the purposes of-- - (A) strengthening the capacity of the justice - systems in such countries to protect women and children - fleeing domestic, gang, or drug violence and to serve - victims of domestic violence, sexual assault, - trafficking, or child abuse or neglect, including by - strengthening the capacity of such systems to hold - perpetrators accountable; and - (B) creating, securing, and sustaining safe - communities and schools in such countries, by building - on current approaches to prevent and deter violence - against women and children in such communities or - schools. - (2) Requirements.--An agreement under the authority - provided by paragraph (1)-- - (A) shall establish a 3- to 6-year plan to achieve - the objectives described in subparagraphs (A) and (B) - of such paragraph; - (B) shall include measurable goals and indicators - with respect to such objectives; - (C) may not provide for any United States - assistance to be made available directly to any of the - governments of El Salvador, Guatemala, or Honduras; and - (D) may be suspended or terminated with respect to - a country or an entity receiving assistance pursuant to - the agreement, if the Secretary of State determines - that such country or entity has failed to make - sufficient progress towards the goals of the Compact. - -SEC. 1299P-5. TARGETED SANCTIONS TO FIGHT CORRUPTION IN THE NORTHERN - TRIANGLE. - - (a) Sense of Congress.--It is the sense of Congress that-- - (1) corruption in the Northern Triangle countries by - private citizens and select officials in local, regional, and - Federal governments significantly damages the economies of such - countries and deprives citizens of opportunities; - (2) corruption in the Northern Triangle is facilitated and - carried out not only by private citizens and select officials - from those countries but also in many instances by individuals - from third countries; and - (3) imposing targeted sanctions on individuals from - throughout the world and particularly in the Western Hemisphere - who are engaged in acts of significant corruption that impact - the Northern Triangle countries or obstruction of - investigations into such acts of corruption will benefit the - citizens and governments of such countries. - (b) Imposition of Sanctions.--The President shall impose the -sanctions described in subsection (c) with respect to a foreign person -who the President determines on or after the date of the enactment of -this Act to have knowingly engaged in significant corruption or -obstruction of investigations into such acts of corruption in a -Northern Triangle country, including the following: - (1) Corruption related to government contracts. - (2) Bribery and extortion. - (3) The facilitation or transfer of the proceeds of - corruption, including through money laundering. - (4) Acts of violence, harassment, or intimidation directed - at governmental and non-governmental corruption investigators. - (c) Sanctions Described.-- - (1) In general.--The sanctions described in this subsection - are the following: - (A) Asset blocking.--The blocking, in accordance - with the International Emergency Economic Powers Act - (50 U.S.C. 1701 et seq.), of all transactions in all - property and interests in property of a foreign person - if such property and interests in property are in the - United States, come within the United States, or are or - come within the possession or control of a United - States person. - (B) Ineligibility for visas and admission to the - united states.--In the case of a foreign person who is - an individual, such foreign person is-- - (i) inadmissible to the United States; - (ii) ineligible to receive a visa or other - documentation to enter the United States; and - (iii) otherwise ineligible to be admitted - or paroled into the United States or to receive - any other benefit under the Immigration and - Nationality Act (8 U.S.C. 1101 et seq.). - (C) Current visas revoked.-- - (i) In general.--The issuing consular - officer or the Secretary of State, (or a - designee of the Secretary of State) shall, in - accordance with section 221(i) of the - Immigration and Nationality Act (8 U.S.C. - 1201(i)), revoke any visa or other entry - documentation issued to a foreign person - regardless of when the visa or other entry - documentation is issued. - (ii) Effect of revocation.--A revocation - under clause (i) shall-- - (I) take effect immediately; and - (II) automatically cancel any other - valid visa or entry documentation that - is in the foreign person's possession. - (2) Penalties.--A person that violates, attempts to - violate, conspires to violate, or causes a violation of a - measure imposed pursuant to paragraph (1)(A) or any regulation, - license, or order issued to carry out such paragraph shall be - subject to the penalties specified in subsections (b) and (c) - of section 206 of the International Emergency Economic Powers - Act (50 U.S.C. 1705) to the same extent as a person that - commits an unlawful act described in subsection (a) of such - section. - (3) Exception to comply with international obligations.-- - Sanctions under subparagraph (B) and (C) of paragraph (1) shall - not apply with respect to a foreign person if admitting or - paroling such person into the United States is necessary to - permit the United States to comply with the Agreement regarding - the Headquarters of the United Nations, signed at Lake Success - June 26, 1947, and entered into force November 21, 1947, - between the United Nations and the United States, or other - applicable international obligations. - (d) Implementation; Regulatory Authority.-- - (1) Implementation.--The President may exercise all - authorities provided under sections 203 and 205 of the - International Emergency Economic Powers Act (50 U.S.C. 1702 and - 1704) to carry out this section. - (2) Regulatory authority.--The President shall issue such - regulations, licenses, and orders as are necessary to carry out - this section. - (e) National Interest Waiver.--The President may waive the -application of the sanctions under subsection (c) if the President-- - (1) determines that such a waiver is in the national - interest of the United States; and - (2) submits to the appropriate congressional committees a - notice of and justification for the waiver. - (f) Termination.--The authority to impose sanctions under -subsection (b), and any sanctions imposed pursuant to such authority, -shall expire on the date that is 3 years after the date of the -enactment of this Act. - (g) Exception Relating to Importation of Goods.--The authorities -and requirements to impose sanctions authorized under this Act shall -not include the authority or requirement to impose sanctions on the -importation of goods. - (h) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Affairs, the Committee - on the Judiciary, and the Committee on Financial - Services of the House of Representatives; and - (B) the Committee on Foreign Relations, the - Committee on the Judiciary, and the Committee on - Banking, Housing, and Urban Affairs of the Senate. - (2) Good.--The term ``good'' means any article, natural or - man-made substance, material, supply or manufactured product, - including inspection and test equipment, and excluding - technical data. - (3) Person from a northern triangle country.--The term - ``person from a Northern Triangle country'' means-- - (A) a citizen of a Northern Triangle country; or - (B) an entity organized under the laws of a - Northern Triangle country or any jurisdiction within a - Northern Triangle country. - -SEC. 1299P-6. DEFINITIONS. - - In this subtitle: - (1) Appropriate congressional committees.--Except as - otherwise provided, the term ``appropriate congressional - committees'' means-- - (A) the Committee on Foreign Affairs and the - Committee on Appropriations of the House of - Representatives; and - (B) the Committee on Foreign Relations and the - Committee on Appropriations of the Senate. - (2) Northern triangle.--The term ``Northern Triangle'' - means the region of Central America that encompasses the - countries of El Salvador, Guatemala, and Honduras. - (3) Northern triangle countries.--The term ``Northern - Triangle countries'' means the countries of El Salvador, - Guatemala, and Honduras. - (4) Transnational criminal organization.--The term - ``transnational criminal organization'' has the meaning given - the term ``significant transnational criminal organization'' in - Executive Order No. 13581 (July 24, 2011). - - Subtitle L--Additional Matters Relating to NATO Allies and Partners - -SEC. 1299Q-1. FOREIGN MILITARY LOAN AUTHORITY. - - (a) In General.--Beginning in fiscal year 2021, subject to the -notification requirements under subsection (b) and to the availability -of appropriations, the President, acting through the Secretary of -State, is authorized-- - (1) to make direct loans under section 23 of the Arms - Export Control Act (22 U.S.C. 2763) to NATO member countries - that joined the alliance after March 1, 1999, notwithstanding - the minimum interest rate required by subsection (c)(1) of such - section; and - (2) to charge fees for such loans under paragraph (1), - which shall be collected from borrowers in accordance with - section 502(7) of the Congressional Budget Act of 1974 and - which may be used to cover the costs of such loans as defined - in section 502 of the Congressional Budget Act of 1974. - (b) Notification.--A loan may not be made under the authority -provided by subsection (a) unless the Secretary of State submits to the -appropriate congressional committees a certification, not fewer than 15 -days before entering into an agreement to make such loan, that-- - (1) the recipient country is making demonstrable progress - toward meeting its defense spending commitments in accordance - with the 2014 NATO Wales Summit Declaration; and - (2) the government of such recipient country is respecting - that country's constitution and upholds democratic values such - as freedom of religion, freedom of speech, freedom of the - press, the rule of law, and the rights of religious minorities. - (c) Repayment.--A loan made under the authority provided by -subsection (a) shall be repaid in not more than 12 years, but may -include a grace period of up to 1 year on the repayment of the -principal. - (d) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Foreign Affairs and the Committee on - Appropriations of the House of Representatives; and - (2) the Committee on Foreign Relations and the Committee on - Appropriations of the Senate. - -SEC. 1299Q-2. AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION ON - FOREIGN ELECTION INTERFERENCE. - - Section 36 of the State Department Basic Authorities Act of 1956 -(22 U.S.C. 2708) is amended-- - (1) in subsection (a)(2), by inserting ``foreign election - interference,'' before ``transnational organized crime''; - (2) in subsection (b)-- - (A) in paragraph (5), by striking ``or (10)'' and - inserting ``(10), or (13)''; - (B) in paragraph (11), by striking ``or'' after the - semicolon at the end; - (C) in paragraph (12)-- - (i) by striking ``sections'' and inserting - ``section''; - (ii) by striking ``or (b)(1)'' and - inserting ``or 2914(b)(1)''; and - (iii) by striking the period at the end and - inserting ``; or''; and - (D) by adding at the end the following new - paragraph: - ``(13) the identification or location of a foreign person - that knowingly engaged or is engaging in foreign election - interference.''; and - (3) in subsection (k)-- - (A) by redesignating paragraphs (3) through (8) as - paragraphs (5) through (10), respectively; - (B) by inserting after paragraph (2) the following - new paragraphs: - ``(3) Foreign person.--The term `foreign person' means-- - ``(A) an individual who is not a United States - person; or - ``(B) a foreign entity. - ``(4) Foreign election interference.--The term `foreign - election interference' means conduct by a foreign person that-- - ``(A)(i) violates Federal criminal, voting rights, - or campaign finance law; or - ``(ii) is performed by any person acting as an - agent of or on behalf of a foreign government or - criminal enterprise; and - ``(B) includes any covert, fraudulent, deceptive, - or unlawful act or attempted act, or knowing use of - information acquired by theft, undertaken with the - purpose or effect of undermining public confidence in - election processes or institutions, or influencing, - undermining confidence in, or altering the result or - reported result of, a general or primary Federal, - State, or local election or caucus, including-- - ``(i) the campaign of a candidate; or - ``(ii) a ballot measure, including an - amendment, a bond issue, an initiative, a - recall, a referral, or a referendum.''; and - (C) in paragraph (10), as so redesignated, in - subparagraph (A), by striking ``and'' after the - semicolon and inserting ``or''. - -SEC. 1299Q-3. REPORT ON NATO MEMBER CONTRIBUTIONS. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of State, in coordination with the -Administrator of the United States Agency for International -Development, the Secretary of Defense, and the Director of National -Intelligence, shall submit to the appropriate congressional committees -a report, in classified form but with an unclassified annex, that -provides an accounting in United States dollars and assesses the -contributions of NATO member countries to the security of the alliance. - (b) Matters To Be Included.-- The report required by subsection (a) -shall also include the following with respect to each member country: - (1) Data for the following categories from 2014 through - 2019: - (A) Defense spending as a percentage of gross - domestic product (GDP). - (B) Year-to-year percent change in defense spending - as a percentage of GDP. - (C) Percentage of defense spending spent on major - equipment. - (D) Year-to-year percent change in equipment - spending as a percentage of defense spending. - (E) Total security assistance or equivalent - assistance to other NATO member countries or members of - the NATO Partnership for Peace program. - (F) Total economic and development assistance or - equivalent assistance to critical NATO partners, such - as Ukraine, Georgia, Bosnia and Herzegovina, Kosovo, - Moldova, and others. - (2) Participation in or contributions to United States or - NATO-led missions, exercises, and combat and non-combat - operations since March 24, 1999, such as the following: - (A) NATO's Enhanced Forward Presence. - (B) Global Coalition Against ISIS. - (C) NATO's Very High Readiness Joint Task Force. - (D) Operations in Afghanistan. - (3) Efforts to improve domestic conditions to facilitate - military mobility in Europe, including relevant infrastructure - and legal and regulatory conditions. - (4) Financial costs and benefits of the host countries of - United States forces in Europe, including permanent basing. - (c) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Foreign Affairs and the Committee on - Armed Services of the House of Representatives; and - (2) the Committee on Foreign Relations and the Committee on - Armed Services of the Senate. - -SEC. 1299Q-4. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF - MILITARY FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY - ASSISTANCE. - - (a) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense and the Secretary of -State shall jointly submit a report to the appropriate committees of -Congress on the capability and capacity requirements of the military -forces of the Government of Ukraine, which shall include the following: - (1) An identification of the capability gaps and capacity - shortfalls of the military of Ukraine, including-- - (A) an assessment of the requirements of the - Ukrainian navy to accomplish its assigned missions; and - (B) an assessment of the requirements of the - Ukrainian air force to accomplish its assigned - missions. - (2) An assessment of the relative priority assigned by the - Government of Ukraine to addressing such capability gaps and - capacity shortfalls. - (3) An assessment of the capability gaps and capacity - shortfalls that-- - (A) could be addressed in a sufficient and timely - manner by unilateral efforts of the Government of - Ukraine; or - (B) are unlikely to be addressed in a sufficient - and timely manner solely through unilateral efforts. - (4) An assessment of the capability gaps and capacity - shortfalls described in paragraph (3)(B) that could be - addressed in a sufficient and timely manner by-- - (A) the Ukraine Security Assistance Initiative of - the Department of Defense; - (B) Department of Defense security assistance - authorized by section 333 of title 10, United States - Code; - (C) the Foreign Military Financing and Foreign - Military Sales programs of the Department of State; or - (D) the provision of excess defense articles - pursuant to the requirements of the Arms Export Control - Act (22 U.S.C. 2751 et seq.). - (5) An assessment of the human resource requirements of the - Office of Defense Cooperation at the United States Embassy in - Kyiv and any gaps in its capacity to transmit and facilitate - security assistance to Ukraine. - (6) Any recommendations the Secretaries deem appropriate - concerning coordination of security assistance efforts of the - Department of Defense and Department of State with respect to - Ukraine. - (b) Resource Plan.--Not later than February 15, 2022, the Secretary -of State and Secretary of Defense shall jointly submit a report on -resourcing United States security assistance with respect to Ukraine, -which shall include the following: - (1) A plan to resource the following initiatives and - programs with respect to Ukraine in fiscal year 2023 and the - four succeeding fiscal years to meet the most critical - capability gaps and capacity shortfalls of the military forces - of Ukraine: - (A) The Ukraine Security Assistance Initiative of - the Department of Defense. - (B) Department of Defense security assistance - authorized by section 333 of title 10, United States - Code. - (C) The Foreign Military Financing and Foreign - Military Sales programs of the Department of State. - (D) The provision of excess defense articles - pursuant to the requirements of the Arms Export Control - Act (22 U.S.C. 2751 et seq.). - (2) With respect to the Ukrainian navy: - (A) A capability development plan, with milestones, - describing the manner in which the United States will - assist the Government of Ukraine in meeting the - requirements described in subsection (a)(1)(A). - (B) A plan for United States cooperation with third - countries and international organizations that have the - resources and ability to provide immediate assistance - to the Ukrainian navy, while maintaining - interoperability with United States platforms to the - greatest extent feasible. - (C) A plan to prioritize Excess Defense Articles - for the Ukrainian navy to the maximum extent - practicable during the time period described in - paragraph (1). - (D) An assessment of how United States security - assistance to the Ukrainian navy is in the national - security interests of the United States. - (3) With respect to the Ukrainian air force-- - (A) a capability development plan, with milestones, - detailing how the United States will assist the - Government of Ukraine in meeting the requirements - described in subsection (a)(1)(B); - (B) a plan for United States cooperation with third - countries and international organizations that have the - resources and ability to provide immediate assistance - to the Ukrainian air force, while maintaining - interoperability with United States platforms to the - greatest extent feasible; - (C) a plan to prioritize excess defense articles - for the Ukraine air force to the maximum extent - practicable during the time period described in - paragraph (1); - (D) an assessment of how United States security - assistance to the Ukrainian air force is in the - national security interests of the United States. - (4) An assessment of progress on defense institutional - reforms in Ukraine, including in the Ukrainian navy and air - force, in the time period described in paragraph (1) that will - be essential for-- - (A) enabling effective use and sustainment of - capabilities developed under security assistance - authorities described in this section; - (B) enhancing the defense of Ukraine's sovereignty - and territorial integrity; - (C) achieving the Government of Ukraine's stated - goal of meeting NATO standards; and - (D) allowing Ukraine to achieve its full potential - as a strategic partner of the United States. - (c) Form.--The report required under subsection (a) and the -resource plan required under subsection (b) shall each be submitted in -a classified form with an unclassified summary. - (d) Appropriate Committees of Congress Defined.--In this section, -the term ``appropriate committees of Congress'' means-- - (1) the Armed Services Committees of the Senate and House - of Representatives; - (2) the Foreign Relations Committee of the Senate and the - Foreign Affairs Committee of the House of Representatives; and - (3) the Appropriations Committees of the Senate and House - of Representatives. - -SEC. 1299Q-5. EFFORTS TO COUNTER MALIGN AUTHORITARIAN INFLUENCE. - - (a) Sense of Congress on the Relationship Between Russia and -Serbia.--It is the sense of Congress that-- - (1) the Government of Russia seeks to undermine the - security of the United States, its NATO allies, and other close - partners in Europe; - (2) the Government of Russia seeks to undermine the - legitimate interests of the United States, NATO, the European - Union, and other allied and partner governments in - strategically significant regions; - (3) the values of the Government of Russia are inconsistent - with the values of freedom, democracy, free speech, free press, - the respect for the rule of law, and other ideals that underpin - the international rules-based order formed on the basis of - Western institutions including NATO and the European Union; - (4) the Government of Russia continues its campaign to - undermine and erode the values of NATO and the European Union, - institutions that Serbia claims to strive to join; - (5) the Government of Serbia, particularly under the - leadership of President Alexander Vucic, has acted in ways that - do not comport with the values of the United States, NATO, the - European Union, and member countries of each such organization; - (6) the Government of Serbia, particularly under the - leadership of President Alexander Vucic, has continued to - deepen its military ties and cooperation with the Government of - Russia; - (7) the United States Government should, in its bilateral - engagements with the Government of Serbia, stress the - importance of Serbia reducing its military ties with Russia; - and - (8) the Government of Serbia should be sanctioned under - appropriate authorities of the Countering America's Adversaries - Through Sanctions Act of 2017 if its deepened military ties - have facilitated transactions between the Government of Serbia - and the Government of Russia that are deemed ``significant'' - for purposes of such Act. - (b) Report on Malign Russian and Chinese Influence in Serbia.--Not -later than 90 days after the date of the enactment of this Act, the -Secretary of State, in consultation with the Secretary of Defense and -the Administrator of the United States Agency for International -Development, shall submit to the appropriate congressional committees -an unclassified report, which may contain a classified annex, assessing -trends of malign influence from the governments of Russia and China in -Serbia including with respect to the following: - (1) Corruption of political institutions and political - leaders in Serbia by Russia or China. - (2) The use of propaganda, disinformation, and other - information tools to promote stronger ties between Serbia and - Russia or China or to discourage Serbia from advancing toward - greater integration with Western institutions like the European - Union. - (3) The use of foreign assistance and associated media - messaging to influence public opinion in Serbia with respect to - Russia or China. - (4) The deepening of military-to-military cooperation or - cooperation in other national security and law enforcement - sectors between Serbia and Russia or China. - (5) The expansion of economic ties between Serbia and - Russia or China, especially in the energy, mining, and - industrial sectors. - (6) The use of religious or ethnic ties to deepen relations - between Serbia and Russia. - (c) Report on Potential CAATSA Violations.--Not later than 60 days -after the date of the enactment of this Act, the Secretary of State -shall submit to the appropriate congressional committees an -unclassified report, which may contain a classified annex, that lists -each country that has taken delivery of military equipment manufactured -in Russia since the enactment of the Countering America's Adversaries -Through Sanctions Act of 2017, and determines whether any transactions -described in the report constitute a significant transaction as -described in such Act, including countries that have-- - (1) purchased of Russian equipment from the Government of - Russia; - (2) obtained Russian equipment provided by the Government - of Russia as aid, assistance, or for related purposes; or - (3) obtained Russian equipment provided by the Government - of Russia as a gift. - (d) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Foreign Affairs and the Committee on - Armed Services of the House of Representatives; and - (2) the Committee on Foreign Relations and the Committee on - Armed Services of the Senate. - - Subtitle M--Sudan Democratic Transition, Accountability, and Fiscal - Transparency Act of 2020 - -SEC. 1299R-1. SHORT TITLE. - - This subtitle may be cited as the ``Sudan Democratic Transition, -Accountability, and Fiscal Transparency Act of 2020''. - -SEC. 1299R-2. DEFINITIONS. - - Except as otherwise provided, in this subtitle: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Affairs and the - Committee on Appropriations of the House of - Representatives; and - (B) the Committee on Foreign Relations and the - Committee on Appropriations of the Senate. - (2) International financial institutions.--The term - ``international financial institutions'' means-- - (A) the International Monetary Fund; - (B) the International Bank for Reconstruction and - Development; - (C) the International Development Association; - (D) the International Finance Corporation; - (E) the Inter-American Development Bank; - (F) the Asian Development Bank; - (G) the Inter-American Investment Corporation; - (H) the African Development Bank; - (I) the European Bank for Reconstruction and - Development; - (J) the Multilateral Investment Guaranty Agency; - and - (K) any multilateral financial institution, - established after the date of enactment of this Act, - that could provide financial assistance to the - Government of Sudan. - (3) Sovereignty council.--The term ``Sovereignty Council'' - means the governing body of Sudan during the transitional - period that consists of-- - (A) five civilians selected by the Forces of - Freedom and Change; - (B) five members selected by the Transitional - Military Council; and - (C) one member selected by agreement between the - Forces of Freedom and Change and the Transitional - Military Council. - (4) Sudanese security and intelligence services.--The term - ``Sudanese security and intelligence services'' means-- - (A) the Sudan Armed Forces; - (B) the Rapid Support Forces, - (C) Sudan's Popular Defense Forces and other - paramilitary units; - (D) Sudan's police forces; - (E) the General Intelligence Service, previously - known as the National Intelligence and Security - Services; and - (F) related entities, such as Sudan's Military - Industry Corporation. - (5) Transitional period.--The term ``transitional period'' - means the 39-month period beginning on August 17, 2019, the - date of the signing of Sudan's constitutional charter, during - which-- - (A) the members of the Sovereignty Council - described in paragraph (3)(B) select a chair of the - Council for the first 21 months of the period; and - (B) the members of the Sovereignty Council - described in paragraph (3)(A) select a chair of the - Council for the remaining 18 months of the period. - -SEC. 1299R-3. STATEMENT OF POLICY. - - It is the policy of the United States to-- - (1) support a civilian-led political transition in Sudan - that results in a democratic government, that is accountable to - its people, respects and promotes human rights, is at peace - internally and with its neighbors, and can be a partner for - regional stability; - (2) support the implementation of Sudan's constitutional - charter for the transitional period; and - (3) pursue a strategy of calibrated engagement with Sudan - that includes-- - (A) facilitating an environment for free, fair, and - credible democratic elections and a pluralistic and - representative political system; - (B) supporting reforms that improve transparency - and accountability, remove restrictions on civil and - political liberties, and strengthen the protection of - human rights, including religious freedom; - (C) strengthening civilian institutions, judicial - independence, and the rule of law; - (D) empowering civil society and independent media; - (E) promoting national reconciliation and enabling - a just, comprehensive, and sustainable peace; - (F) promoting the role of women in government, the - economy, and society, in recognition of the seminal - role that women played in the social movement that - ousted former president Omar al-Bashir; - (G) promoting accountability for genocide, war - crimes, crimes against humanity, and sexual and gender- - based violence; - (H) encouraging the development of civilian - oversight over and professionalization of the Sudanese - security and intelligence services and strengthening - accountability for human rights violations and abuses, - corruption, or other abuses of power; - (I) promoting economic reform, private sector - engagement, and inclusive economic development while - combating corruption and illicit economic activity, - including that which involves the Sudanese security and - intelligence services; - (J) securing unfettered humanitarian access across - all regions of Sudan; - (K) supporting improved development outcomes, - domestic resource mobilization, and catalyzing market- - based solutions to improve access to health, education, - water and sanitation, and livelihoods; and - (L) promoting responsible international and - regional engagement. - -SEC. 1299R-4. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW, HUMAN - RIGHTS, AND FUNDAMENTAL FREEDOMS. - - (a) Sense of Congress.--It is the sense of Congress that the -political transition in Sudan, following several months of popular -protests against the regime of Omar al-Bashir, represents an -opportunity for the United States to support democracy, good -governance, rule of law, human rights, and fundamental freedoms in -Sudan. - (b) In General.--Notwithstanding any other provision of law (other -than the Trafficking Victims Protection Act of 2000 or the Child -Soldiers Prevention Act of 2008), the President is authorized to -provide assistance under part I and chapter 4 of part II of the Foreign -Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to-- - (1) provide for democracy and governance programs that - strengthen and build the capacity of representative civilian - government institutions, political parties, and civil society - in Sudan; - (2) support the organization of free, fair, and credible - elections in Sudan; - (3) provide technical support for legal and policy reforms - that improve transparency and accountability and protect human - rights, including religious freedom, and civil liberties in - Sudan; - (4) support for human rights and fundamental freedoms, - including the freedoms of religion or belief; expression, - including for members of the press, assembly; and association - in Sudan; - (5) support measures to improve and increase women's - participation in the political, economic, and social sectors of - Sudan; and - (6) support other related democracy, good governance, rule - of law, and fundamental freedom programs and activities. - (c) Authorization of Appropriations.--Of the funds authorized to be -appropriated to carry out part I and chapter 4 of part II of the -Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et -seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be -appropriated for each such fiscal year to carry out this section. - -SEC. 1299R-5. SUPPORT FOR DEVELOPMENT PROGRAMS. - - (a) In General.--Notwithstanding any other provision of law (other -than the Trafficking Victims Protection Act of 2000 or the Child -Soldiers Prevention Act of 2008), the President is authorized to -provide assistance under part I and chapter 4 of part II of the Foreign -Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for -programs in Sudan to-- - (1) increase agricultural and livestock productivity; - (2) promote economic growth, increase private sector - productivity and advance market-based solutions to address - development challenges; - (3) support women's economic empowerment and economic - opportunities for youth and previously marginalized - populations; - (4) improve equal access to quality basic education; - (5) support the capacity of universities to equip students - to participate in a pluralistic and global society through - virtual exchange and other programs; - (6) improve access to water, sanitation, and hygiene - projects; - (7) build the capacity of national and subnational - government officials to support the transparent management of - public resources, promote good governance through combating - corruption and improving accountability, increase economic - productivity, and increase domestic resource mobilization; and - (8) support other related economic assistance programs and - activities. - (b) Authorization of Appropriations.--Of the funds authorized to be -appropriated to carry out part I and chapter 4 of part II of the -Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et -seq.) for fiscal years 2021 and 2022, $80,000,000 is authorized to be -appropriated, for each such fiscal year to carry out this section. - -SEC. 1299R-6. SUPPORT FOR CONFLICT MITIGATION. - - (a) In General.--Notwithstanding any other provision of law (other -than the Trafficking Victims Protection Act of 2000 or the Child -Soldiers Prevention Act of 2008), the President is authorized to -provide assistance under part I and chapters 4, 5, and 6 of part II of -the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et -seq., and 2348 et seq.) to-- - (1) support long-term peace and stability in Sudan by - promoting national reconciliation and enabling a just, - comprehensive, and sustainable peace, especially in regions - that have been underdeveloped or affected by war, such as the - states of Darfur, South Kordofan, Blue Nile, Red Sea, and - Kassala; - (2) support civil society and other organizations working - to address conflict prevention, mitigation, and resolution - mechanisms and people-to-people reconciliation in Sudan, - especially those addressing issues of marginalization and - vulnerable groups, equal protection under the law, natural - resource management, compensation and restoration of property, - voluntary return, and sustainable solutions for displaced - persons and refugees; - (3) strengthen civilian oversight of the Sudanese security - and intelligence services and ensure that such services are not - contributing to the perpetuation of conflict in Sudan and to - the limitation of the civil liberties of all people in Sudan; - (4) assist in the human rights vetting and professional - training of security force personnel due to be employed or - deployed by the Sudanese security and intelligence services in - regions that have been underdeveloped or affected by war, such - as the states of Darfur, South Kordofan, Blue Nile, Red Sea, - and Kassala, including members of any security forces being - established pursuant to a peace agreement relating to such - regions; - (5) support provisions of the Comprehensive Peace Agreement - of 2005 and Abyei protocol, as appropriate, unless otherwise - superseded by a new agreement signed in good faith-- - (A) between stakeholders in this region and the - Governments of Sudan and South Sudan to hold a free, - fair, and credible referendum on the status of Abyei; - and - (B) between stakeholders in this region and the - Government of Sudan to support popular consultations on - the status of the states of South Kordofan and Blue - Nile; and - (6) support other related conflict mitigation programs and - activities. - (b) Authorization of Appropriations.--Of the funds authorized to be -appropriated to carry out part I and chapters 4 and 6 of part II of the -Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., -and 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 is -authorized to be appropriated for each such fiscal year to carry out -this section. - -SEC. 1299R-7. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST - HUMANITY, AND GENOCIDE IN SUDAN. - - (a) Sense of Congress.--It is the sense of Congress that the -Secretary of State should conduct robust diplomatic engagement to -promote accountability and provide technical support to ensure that -credible, transparent, and independent investigations of gross -violations of human rights perpetrated by the Government of Sudan under -former President Omar al-Bashir and the Transitional Military Council -since June 30, 1989. - (b) In General.--Notwithstanding any other provision of law (other -than the Trafficking Victims Protection Act of 2000 or the Child -Soldiers Prevention Act of 2008), the President is authorized to -provide assistance under part I and chapter 4 of part II of the Foreign -Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to-- - (1) build the capacity of civilian investigators within and - outside of Sudan on how to document, investigate, develop - findings of, identify, and locate those responsible for war - crimes, crimes against humanity, or genocide in Sudan; - (2) collect, document, and protect evidence of war crimes, - crimes against humanity, and genocide in Sudan and preserve the - chain of custody for such evidence, including by providing - support for Sudanese, foreign, and international - nongovernmental organizations, and other entities engaged in - such investigative activities; - (3) build Sudan's judicial capacity to support prosecutions - in domestic courts and support investigations by hybrid or - international courts as appropriate; - (4) protect witnesses who participate in court proceedings - or other transitional justice mechanisms; and - (5) support other related conflict mitigation programs and - activities. - (c) Authorization of Appropriations.--Of the funds authorized to be -appropriated to carry out part I and chapter 4 of part II of the -Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et -seq.), for fiscal years 2021 and 2022, $10,000,000 is authorized to be -appropriated for each such fiscal year to carry out this section. - -SEC. 1299R-8. SUSPENSION OF ASSISTANCE. - - (a) In General.--The President is authorized to suspend the -provision of assistance authorized under section 1299R-4, 1299R-5, -1299R-6, or 1299R-7 to the Government of Sudan if the President -determines that conditions in Sudan or the composition of the -Government of Sudan changes such that it is no longer in the United -States national interest to continue to provide such assistance. - (b) Report.--Not later than 30 days after making a determination -under subsection (a), the President shall submit to the appropriate -congressional committees a report that describes-- - (1) the political and security conditions in Sudan that led - to such determination; and - (2) any planned diplomatic engagement to restart the - provision of such assistance. - -SEC. 1299R-9. MULTILATERAL ASSISTANCE. - - (a) Sense of the Congress.--It is the sense of the Congress that-- - (1) Sudan's economic challenges are a legacy of decades of - kleptocracy, economic mismanagement, and war; - (2) Sudan's economic recovery will depend on-- - (A) combating corruption and illicit economic - activity; - (B) ending internal conflicts in the states of - Darfur, South Kordofan, and Blue Nile; and - (C) promoting inclusive economic growth and - development; and - (3) the COVID-19 outbreak constitutes a grave danger to - Sudan's economic stability, public health, and food security - and jeopardizes the transition to a civilian-led government - that promotes the democratic aspirations of the Sudanese - people. - (b) Responding to the COVID-19 Outbreak.--During the transitional -period in Sudan, and notwithstanding any other provision of law, the -Secretary of the Treasury may instruct the United States Executive -Director at each international financial institution to use the voice -and vote of the United States to support loans or other utilization of -the funds of the respective institution for Sudan for the purpose of -addressing basic human needs, responding to the COVID-19 outbreak and -its impact on the country's economic stability, or promoting democracy, -governance, or public financial management in Sudan. - (c) Debt Relief.--Upon the removal of Sudan from the State Sponsors -of Terrorism List, and once the Sovereignty Council is chaired by a -civilian leader, the Secretary of the Treasury and the Secretary of -State should engage with international financial institutions and other -bilateral official creditors to advance agreement through the Heavily -Indebted Poor Countries (HIPC) Initiative to restructure, reschedule, -or cancel the sovereign debt of Sudan. - (d) Reporting Requirement.--Not later than 3 months after the date -of the enactment of this Act, and not less than every 6 months -thereafter during the transitional period, the Secretary of the -Treasury, in consultation with the Secretary of State, shall report to -the appropriate congressional committees on the extent to which the -transitional government of Sudan has taken demonstrable steps to -strengthen governance and improve fiscal transparency, including-- - (1) establishing civilian control over the finances and - assets of the Sudanese security and intelligence services; - (2) developing a transparent budget that accounts for all - expenditures related to the security and intelligence services; - (3) identifying the shareholdings in all public and private - companies not exclusively dedicated to the national defense - held or managed by the security and intelligence services, and - publicly disclosing, evaluating, and transferring all such - shareholdings to the Ministry of Finance of the Government of - Sudan or to any specialized entity of the Government of Sudan - established under law for this purpose, which is ultimately - accountable to a civilian authority; - (4) ceasing the involvement of the security and - intelligence services officials, and their immediate family - members, in the illicit trade in mineral resources, including - petroleum and gold; - (5) implementing a publicly transparent methodology for the - Government of Sudan to recover, evaluate, hold, manage, or - divest any state assets and the profits derived from the assets - that may have been transferred to the National Congress Party, - an affiliate of the National Congress Party, or an official of - the National Congress Party in the individual capacity of such - an official; - (6) identifying and monitoring the nature and purpose of - offshore financial resources controlled by the security and - intelligence services; and - (7) strengthening banking regulation and supervision and - addressing anti-money laundering and counter-terrorism - financing deficiencies. - (e) Appropriate Congressional Committees.--In this section, the -term ``appropriate congressional committees'' means-- - (1) the Committee on Financial Services, the Committee on - Foreign Affairs, and the Committee on Appropriations of the - House of Representatives; and - (2) the Committee on Foreign Relations and the Committee on - Appropriations of the United States Senate. - -SEC. 1299R-10. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM THE - SUDANESE PEOPLE. - - The Secretary of State, in coordination with the Secretary of the -Treasury and the Attorney General, shall seek to advance the efforts of -the Government of Sudan to recover assets stolen from the Sudanese -people, including with regard to international efforts to-- - (1) identify and track assets taken from the people and - institutions of Sudan through theft, corruption, money - laundering, or other illicit means; and - (2) with respect to assets identified pursuant to paragraph - (1), work with foreign governments and international - organizations to-- - (A) share financial investigations intelligence, as - appropriate; - (B) oversee and manage the assets identified - pursuant to paragraph (1); - (C) as appropriate, advance, advance civil - forfeiture litigation, including providing technical - assistance to help governments establish the necessary - legal framework to carry out asset forfeitures; and - (D) work with the Government of Sudan to ensure - that a credible mechanism is established to ensure that - any recovered assets are managed in a transparent and - accountable fashion and ultimately used for the benefit - of the Sudanese people, provided that-- - (i) returned assets are not used for - partisan political purposes; and - (ii) there are robust financial management - and oversight measures to safeguard repatriated - assets. - -SEC. 1299R-11. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND - INTELLIGENCE SERVICES. - - (a) In General.--The President may not provide assistance (other -than assistance authorized under section 1299R-6) to the Sudanese -security and intelligence services until the President submits to -Congress a certification that the Government of Sudan has met the -conditions described in subsection (c). - (b) Exception; Waiver.-- - (1) Exception.--The Secretary of State may, as appropriate - and notwithstanding any other provision of law, provide - assistance for the purpose of professionalizing the Sudanese - security and intelligence services, through institutions such - as the Africa Center for Strategic Studies and the United - States Institute of Peace. - (2) Waiver.--The President may waive the limitation on the - provision of assistance under subsection (a) if, not later than - 30 days before the assistance is to be provided, the President - submits to the appropriate congressional committees-- - (A) a list of the activities and participants to - which such waiver would apply; - (B) a justification that the waiver is in the - national security interest of the United States; and - (C) a certification that the participants have met - the requirements of either section 620M of the Foreign - Assistance Act of 1961 (22 U.S.C. 2378d) for programs - funded through Department of State appropriations or - section 362 of title 10, United States Code, for - programs funded through Department of Defense - appropriations. - (c) Conditions.-- - (1) In general.--The conditions described in this - subsection are that the Sudanese security and intelligence - services-- - (A) have demonstrated progress in undertaking - security sector reform, including reforms that - professionalize such security and intelligence - services, improve transparency, and reforms to the laws - governing the security forces, such as of the National - Security Act of 2010 and the Sudan Armed Forces Act of - 2007; - (B) support efforts to respect human rights, - including religious freedom, and hold accountable any - members of such security and intelligence services - responsible for human rights violations and abuses, - including by taking demonstrable steps to cooperate - with local or international mechanisms of - accountability, to ensure that those responsible for - war crimes, crimes against humanity, and genocide - committed in Sudan are brought to justice; - (C) are under civilian oversight, subject to the - rule of law, and are not undertaking actions to - undermine a civilian-led transitional government or an - elected civilian government; - (D) have refrained from targeted attacks against - religious or ethnic minority groups, have negotiated in - good faith during the peace process and constructively - participated in the implementation of any resulting - peace agreements, and do not impede inclusive political - participation; - (E) allow unfettered humanitarian access by United - Nations organizations and specialized agencies and - domestic and international humanitarian organizations - to civilian populations in conflict-affected areas; - (F) cooperate with the United Nations High - Commissioner for Refugees and organizations affiliated - with the United Nations to allow for the protection of - displaced persons and the safe, voluntary, sustainable, - and dignified return of refugees and internally - displaced persons; and - (G) take constructive steps to investigate all - reports of unlawful recruitment of children by Sudanese - security forces and prosecute those found to be - responsible. - (2) Form.--The certification described in subsection (a) - containing the conditions described in paragraph (1) shall be - submitted in unclassified form but may include a classified - annex. - (d) Sunset.--This section shall terminate on the date that is the -earlier of-- - (1) the date that is 2 years after the date of the - enactment of this Act; or - (2) the date on which the President determines that a - successful rotation of military to civilian leadership in the - Sovereignty Council has occurred. - -SEC. 1299R-12. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO - CERTAIN GOVERNMENT OF SUDAN OFFICIALS AND OTHER - INDIVIDUALS. - - (a) In General.--The President shall impose the sanctions described -in subsection (b) with respect to any senior official of the Government -of Sudan and any other foreign person that the President determines, on -or after the date of enactment of this Act-- - (1) is knowingly responsible for, complicit in, or has - directly or indirectly engaged in-- - (A) significant actions or policies that threaten - the peace, security, or stability of Sudan, including - through the use of armed groups; - (B) significant actions or policies that obstruct, - undermine, delay, or impede, or pose a significant risk - of obstructing, undermining, delaying, or impeding, the - civil and political rights of the Sudanese people and - the political transition in Sudan; - (C) corruption, including the misappropriation of - state assets, the expropriation of private assets for - personal gain, corruption related to government - contracts or the extraction of natural resources, or - bribery; - (D) serious human rights abuses that may include - the targeting of civilians through the commission of - acts of violence, abduction, forced displacement, or - attacks on schools, hospitals, religious sites, or - locations where civilians are seeking refuge, or a - violation of international humanitarian law; or - (E) illicit exploitation of natural resources in - Sudan; - (2) is a leader of an entity that has, or whose members - have, engaged in any activity described in subparagraphs (A) - through (E) of paragraph (1); - (3) has materially assisted, sponsored, or provided - financial, material, logistical, or technological support for, - or goods or services to or in support of-- - (A) any activity described in paragraph (1); or - (B) any person whose property and interests in - property are blocked pursuant to Executive Order No. - 13400 (2006); or - (4) is owned or controlled by, or has acted or purported to - act for or on behalf of, any other person whose property and - interests in property are blocked pursuant to-- - (A) subsection (b)(1); or - (B) Executive Order No. 13400 (2006). - (b) Sanctions Described.--The sanctions to be imposed with respect -to any foreign person described in subsection (a) are the following: - (1) Blocking of property.--The President shall exercise all - of the powers granted to the President under the International - Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the - extent necessary to block and prohibit all transactions in - property and interests in property of the foreign person if - such property and interests in property-- - (A) are in the United States; - (B) come within the United States; or - (C) come within the possession or control of a - United States person. - (2) Inadmissibility for visas, admission, or parole.-- - (A) Visas, admission, or parole.--The foreign - person is-- - (i) inadmissible to the United States; - (ii) ineligible to receive a visa or other - documentation to enter the United States; and - (iii) otherwise ineligible to be admitted - or paroled into the United States or to receive - any other benefit under the Immigration and - Nationality Act (8 U.S.C. 1101 et seq.). - (B) Current visas revoked.--The visa or other entry - documentation of the foreign person shall be revoked, - regardless of when such visa or other entry - documentation is or was issued. A revocation under this - subparagraph shall take effect immediately and - automatically cancel any other valid visa or entry - documentation that is in the foreign person's - possession. - (c) Exceptions To Comply With United Nations Headquarters -Agreement.--Sanctions under subsection (b)(2) shall not apply with -respect to a foreign person described in subsection (a) if admitting or -paroling the foreign person into the United States is necessary to -permit the United States to comply with the Agreement regarding the -Headquarters of the United Nations, signed at Lake Success June 26, -1947, and entered into force November 21, 1947, between the United -Nations and the United States, or other applicable international -obligations. - (d) Implementation; Penalties.-- - (1) Implementation.--The President may exercise all - authorities provided under sections 203 and 205 of the - International Emergency Economic Powers Act (50 U.S.C. 1702 and - 1704) to carry out this section and shall issue such - regulations, licenses, and orders as are necessary to carry out - this section. - (2) Penalties.--Any person that violates, attempts to - violate, conspires to violate, or causes a violation of this - section or any regulation, license, or order issued to carry - out paragraph (1) shall be subject to the penalties set forth - in subsections (b) and (c) of section 206 of the International - Emergency Economic Powers Act (50 U.S.C. 1705) to the same - extent as a person that commits an unlawful act described in - subsection (a) of that section. - (e) Waiver.--The President may waive the application of sanctions -imposed with respect to a foreign person pursuant to subsection (a) if -the President-- - (1) determines that a waiver is in the national interest of - the United States; and - (2) not later than the date on which such waiver will take - effect, submits a notice of and justification for such waiver - to the appropriate congressional committees. - (f) Termination of Authority To Impose Sanctions.--The authority to -impose sanctions under this section shall terminate on the date that is -the earlier of 3 years after the date of the enactment of this Act or -the date on which the President determines and certifies to the -appropriate congressional committees that the Government of Sudan-- - (1) has held free, fair, and credible general elections in - accordance with the 2019 constitutional charter for the - transitional period and a democratically elected head of state - has been sworn in and taken office; - (2) is making significant progress towards respecting the - freedoms of religion, speech, press, assembly, and association - as described in the 2019 constitutional charter for the - transitional period and toward holding free, fair, and credible - elections by the end of the transitional period; - (3) is compliant with international norms and standards - concerning the transparent allocation and disbursement of - government directed funds; - (4) respects the right to freedom of religion, speech, - press, assembly, and association for all Sudanese citizens; - (5) has ceased attacks on civilians, including through the - use of militias; - (6) has negotiated in good faith to reach formal peace - agreements with armed movements that had been in conflict with - the Government of Sudan; and - (7) has ceased any material support or assistance to groups - associated or linked to international terrorism. - (g) Exception Relating to Importation of Goods.-- - (1) In general.--The authorities and requirements to impose - sanctions authorized under this section shall not include the - authority or requirement to impose sanctions on the importation - of goods. - (2) Good defined.--In this subsection, the term ``good'' - means any article, natural or man-made substance, material, - supply or manufactured product, including inspection and test - equipment, and excluding technical data. - (h) Exceptions to Comply With National Security.--The following -activities shall be exempt from sanctions under this section: - (1) Activities subject to the reporting requirements under - title V of the National Security Act of 1947 (50 U.S.C. 3091 et - seq.). - (2) Any authorized intelligence or law enforcement - activities of the United States. - (i) Definitions.--In this section: - (1) Admitted; alien.--The terms ``admitted'' and ``alien'' - have the meanings given those terms in section 101 of the - Immigration and Nationality Act (8 U.S.C. 1001). - (2) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Affairs, the Committee - on Appropriations, and the Committee on Financial - Services of the House of Representatives; and - (B) the Committee on Foreign Relations, the - Committee on Appropriations, and the Committee on - Banking, Housing, and Urban Affairs of the Senate. - (3) Foreign person.--The term ``foreign person'' means a - person that is not a United States person. - (4) Knowingly.--The term ``knowingly'' means, with respect - to conduct, a circumstance, or a result, that a person has - actual knowledge, or should have known, of the conduct, the - circumstance, or the result. - (5) United states person.--The term ``United States - person'' means-- - (A) a United States citizen, an alien lawfully - admitted for permanent residence to the United States, - or any other individual subject to the jurisdiction of - the United States; - (B) an entity organized under the laws of the - United States or of any jurisdiction within the United - States, including a foreign branch of such entity; or - (C) any person in the United States. - -SEC. 1299R-13. REPORTS. - - (a) Report on Accountability for Human Rights Abuses.--Not later -than 180 days after the date of the enactment of this Act, and annually -thereafter for 2 years, the President shall submit to the appropriate -congressional committees a report that-- - (1) summarizes reports of gross violations of human rights, - including sexual and gender-based violence, committed against - civilians in Sudan, including members of the Sudanese security - and intelligence services or any associated militias, between - December 2018 and the date of the submission of the report; - (2) provides an update on any potential transitional - justice mechanisms in Sudan to investigate, charge, and - prosecute alleged perpetrators of gross violations of human - rights in Sudan since June 30, 1989, including with respect to - the June 3, 2019 massacre in Khartoum; - (3) provides an analysis of whether the gross violations of - human rights summarized pursuant to paragraph (1) amount to war - crimes, crimes against humanity, or genocide; and - (4) identifies specific cases since the beginning of the - transitional period in which members of the Sudanese security - and intelligence services have been charged and prosecuted for - actions that constitute gross violations of human rights - perpetrated since June 30, 1989. - (b) Report on Certain Activities and Finances of Senior Officials -of the Government of Sudan.--Not later than 180 days after the date of -the enactment of this Act, and annually thereafter for 1 year, the -President shall submit to the appropriate congressional committees a -report that-- - (1) describes the actions and involvement of any previous - or current senior officials of the Government of Sudan since - the establishment of the transitional government in August 2019 - in-- - (A) directing, carrying out, or overseeing gross - violations of human rights; - (B) directing, carrying out, or overseeing the - unlawful use or recruitment of children by armed groups - or armed forces in the context of conflicts in Sudan, - Libya, Yemen, or other countries; - (C) directing, carrying out, or colluding in - significant acts of corruption; - (D) directing, carrying out, or overseeing any - efforts to circumvent the establishment of civilian - control over the finances and assets of the Sudanese - security and intelligence services; or - (E) facilitating, supporting, or financing - terrorist activity in Sudan or other countries; - (2) identifies Sudanese and foreign financial institutions, - including offshore financial institutions, in which senior - officials of the Government of Sudan whose actions are - described in paragraph (1) hold significant assets, and - provides an estimate of the value of such assets; - (3) identifies any information United States Government - agencies have obtained since August 2019 regarding persons, - foreign governments, and Sudanese or foreign financial - institutions that knowingly facilitate, finance, or otherwise - benefit from corruption or illicit economic activity in Sudan, - including the export of mineral resources, and, in particular, - if that trade is violating any United States restrictions that - remain in place by legislation or Executive order; - (4) identifies any information United States Government - agencies have obtained since August 2019 regarding senior - officials of the Government of Sudan who are personally - involved in the illicit trade in mineral resources, including - petroleum and gold; and - (5) identifies any information United States Government - agencies have obtained since August 2019 regarding individuals - or foreign governments that have provided funds to individual - members of the Sovereignty Council or the Cabinet outside of - the Central Bank of Sudan or the Ministry of Finance. - (c) Report on Sanctions Pursuant to Executive Order No. 13400.--Not -later than 180 days after the date of the enactment of this Act, the -President shall submit to the appropriate congressional committees a -report containing the names of senior Sudanese government officials -that President determines meet the criteria to be sanctionable pursuant -to Executive Order No. 13400 (71 Fed. Reg. 25483; relating to blocking -property of persons in connection with the conflict in Sudan's Darfur -region). - (d) Form.--The reports required under subsections (b) and (c) shall -be submitted in unclassified form but may include a classified annex. - -SEC. 1299R-14. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIAN-LED - GOVERNMENT IN SUDAN. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of State, in coordination with the -Administrator of the United States Agency for International Development -and the Secretary of the Treasury, shall submit to the appropriate -congressional committees a strategy that includes-- - (1) a clear articulation of specific United States goals - and objectives with respect to a successful completion of the - transitional period and a plan to achieve such goals and - objectives; - (2) a description of assistance and diplomatic engagement - to support a civilian-led government in Sudan for the remainder - of the transitional period, including any possible support for - the organization of free, fair, and credible elections; - (3) an assessment of the legal and policy reforms that have - been and need to be taken by the government in Sudan during the - transitional period in order to promote-- - (A) human rights; - (B) freedom of religion, speech, press, assembly, - and association; and - (C) accountability for human rights abuses, - including for sexual and gender-based violence - perpetrated by members of the Sudanese security and - intelligence services; - (4) a description of efforts to address the legal and - policy reforms mentioned in paragraph (3); - (5) a description of humanitarian and development - assistance to Sudan and a plan for coordinating such assistance - with international donors, regional partners, and local - partners; - (6) a description of monitoring and evaluation plans for - all forms of assistance to be provided under the strategy in - accordance with the monitoring and evaluation requirements of - section 4 of the Foreign Aid Transparency and Accountability - Act of 2016 (Public Law 114-191), to include a detailed - description of all associated goals and benchmarks for - measuring impact; and - (7) an assessment of security sector reforms undertaken by - the Government of Sudan, including efforts to demobilize or - integrate militias and to foster civilian control of the armed - services. - (b) Report.--Not later than 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 -and the Secretary of the Treasury, shall submit to the appropriate -congressional committees a report that includes-- - (1) a detailed description of the efforts taken to - implement this subtitle; and - (2) recommendations for legislative or administrative - measures to facilitate the implementation of this subtitle. - -SEC. 1299R-15. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF - 2006. - - Section 8(c)(1) of the Darfur Peace and Accountability Act of 2006 -(Public Law 109-344; 50 U.S.C. 1701 note) is amended by striking -``Southern Sudan,'' and all that following through ``Khartoum,'' and -inserting ``Sudan''. - -SEC. 1299R-16. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE IN - SUDAN ACT. - - (a) Sudan Peace Act.--Effective January 1, 2020, the Sudan Peace -Act (Public Law 107-245; 50 U.S.C. 1701 note) is repealed. - (b) Comprehensive Peace in Sudan Act.--Effective January 1, 2020, -the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 -U.S.C. note) is repealed. - - Subtitle N--Afghanistan Security and Reconstruction Transparency Act - -SEC. 1299S-1. SHORT TITLE. - - This subtitle may be cited as the ``Afghanistan Security and -Reconstruction Transparency Act''. - -SEC. 1299S-2. PUBLIC AVAILABILITY OF DATA PERTAINING TO MEASURES OF - PERFORMANCE OF THE AFGHAN NATIONAL DEFENSE AND SECURITY - FORCES. - - (a) In General.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of Defense shall make publicly -available all data pertaining to measures of performance of the Afghan -National Defense and Security Forces (hereafter in this section -referred to as ``ANDSF''). - (b) Data To Be Included.--The data required to be made publicly -available by subsection (a) shall include the following: - (1) The total quarterly ANDSF attrition rate and quarterly - attrition rates for ANDSF components, including the Afghan - National Army, the Afghan National Police, the Afghan Air - Force, and the Afghan Local Police. - (2) The total number of ANDSF personnel dropped from the - rolls for the quarter and the number of personnel dropped from - the rolls by ANDSF component for the quarter. - (3) The total number of ANDSF personnel trained to date, - the number of new ANDSF personnel that entered training for the - quarter, the number of new ANDSF personnel that completed - training for the quarter, the total number of personnel trained - by ANDSF component to date, the number of new personnel by - ANDSF component that entered training for the quarter, and the - number of new personnel by ANDSF component that completed - training for the quarter. - (4) The total number and percentage of unfilled ANDSF - positions and the number and percentage of unfilled positions - by ANDSF component. - (5) The percentage of ANDSF components assessed at full - authorized and assigned strength. - (6) Detailed Afghan Ministry of Defense, Ministry of - Interior, and ANDSF performance assessments. - (7) Information about the operational readiness of Afghan - National Army and Afghan National Police equipment. - (8) Afghanistan Special Mission Wing information, including - the number and type of airframes, the number of pilots and - aircrew, and the operational readiness (and associated - benchmarks) of airframes. - (9) Enemy-initiated attacks and effective enemy-initiated - attacks on the ANDSF. - -SEC. 1299S-3. DISTRICT-LEVEL STABILITY ASSESSMENTS OF AFGHAN GOVERNMENT - AND INSURGENT CONTROL AND INFLUENCE. - - (a) In General.--The Secretary of Defense shall resume the -production of district-level stability assessments of Afghan government -and insurgent control and influence that were discontinued in 2018, to -include district, population, and territorial control data. - (b) Public Availability.--The Secretary of Defense shall make -publicly available the assessments and all data pertaining to the -assessments produced under subsection (a). - - Subtitle O--LIFT Act - -SEC. 1299T-1. SHORT TITLE. - - This subtitle may be cited as the ``Leveraging Information on -Foreign Traffickers Act'' or the ``LIFT Act''. - -SEC. 1299T-2. SENSE OF CONGRESS. - - It is the sense of Congress that-- - (1) the annual Trafficking In Persons Report prepared by - the Department of State pursuant to the Trafficking Victims - Protection Act of 2000 (the ``TIP Report'') remains one of the - most comprehensive, timely, and important sources of - information on human trafficking in the world, and currently - includes 187 individual country narratives; - (2) in January 2019, the statute mandating the TIP Report - was amended to require that each report must cover efforts and - activities occurring within the period from April 1 of the - prior year through March 31 of the current year, which - necessarily requires the collection and transmission of - information after March 31; - (3) ensuring that the Department of State has adequate time - to receive, analyze, and incorporate trafficking-related - information into its annual Trafficking In Persons Report is - important to the quality and comprehensiveness of that report; - (4) information regarding prevalence and patterns of human - trafficking is important for understanding the scourge of - modern slavery and making effective decisions about where and - how to combat it; and - (5) United States officials responsible for monitoring and - combating trafficking in persons around the world should - receive available information regarding where and how often - United States diplomatic and consular officials encounter - persons who are responsible for, or who knowingly benefit from, - severe forms of trafficking in persons. - -SEC. 1299T-3. ANNUAL DEADLINE FOR TRAFFICKING IN PERSONS REPORT. - - Section 110(b)(1) of the Trafficking Victims Protection Act of 2000 -(22 U.S.C. 7107(b)(1)) is amended by striking ``June 1'' and inserting -``June 30''. - -SEC. 1299T-4. UNITED STATES ADVISORY COUNCIL ON HUMAN TRAFFICKING. - - (a) Extension.--Section 115(h) of the Justice for Victims of -Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is amended -by striking ``September 30, 2021'' and inserting ``September 30, -2025''. - (b) Compensation.--Section 115(f) of the Justice for Victims of -Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is amended-- - (1) in paragraph (1), by striking ``and'' after the - semicolon at the end; - (2) in paragraph (2), by striking the period at end and - inserting ``; and''; and - (3) by adding at the end the following new paragraph: - ``(3) may each receive compensation for each day such - member is engaged in the actual performance of the duties of - the Council.''. - (c) Compensation Report.--Not later than 120 days after the date of -the enactment of this Act, the Secretary of State shall provide to the -relevant congressional committees a plan to implement compensation for -members of the United States Advisory Council on Human Trafficking -pursuant to paragraph (3) of section 115(f) of the Justice for Victims -of Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243), as added -by subsection (b). - -SEC. 1299T-5. TIMELY PROVISION OF INFORMATION TO THE OFFICE TO MONITOR - AND COMBAT TRAFFICKING IN PERSONS OF THE DEPARTMENT OF - STATE. - - (a) In General.--Section 106 of the Trafficking Victims Protection -Act of 2000 (22 U.S.C. 7104) is amended by adding at the end the -following new subsection: - ``(l) Information Regarding Human Trafficking-Related Visa -Denials.-- - ``(1) In general.--The Secretary of State shall ensure that - the Office to Monitor and Combat Trafficking in Persons and the - Bureau of Diplomatic Security of the Department of State - receive timely and regular information regarding United States - visa denials based, in whole or in part, on grounds related to - human trafficking. - ``(2) Decisions regarding allocation.--The Secretary of - State shall ensure that decisions regarding the allocation of - resources of the Department of State related to combating human - trafficking and to law enforcement presence at United States - diplomatic and consular posts appropriately take into account-- - ``(A) the information described in paragraph (1); - and - ``(B) the information included in the most recent - report submitted in accordance with section 110(b).''. - (b) Conforming Amendment.--Section 103 of the Trafficking Victims -Protection Act of 2000 (22 U.S.C. 7102) is amended by adding at the end -the following new paragraph: - ``(18) Grounds related to human trafficking.--The term - `grounds related to human trafficking' means grounds related to - the criteria for inadmissibility to the United States described - in subsection (a)(2)(H) of section 212 of the Immigration and - Nationality Act (8 U.S.C. 1182).''. - -SEC. 1299T-6. REPORTS TO CONGRESS. - - (a) Initial Report.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of State shall provide to the -relevant congressional committees a report that-- - (1) describes the actions that have been taken and that are - planned to implement subsection (l) of section 106 of the - Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104), as - added by section 1299T-5; and - (2) identifies by country and by United States diplomatic - and consular post the number of visa applications denied during - the previous calendar year with respect to which the basis for - such denial, included grounds related to human trafficking (as - such term is defined in section 103 of the Trafficking Victims - Protection Act of 2000 (22 U.S.C. 7102), as amended by section - 1299T-5(b)). - (b) Annual Report.--Beginning with the first annual anti- -trafficking report required under subsection (b)(1) of section 110 of -the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107; enacted -as division A of the Victims of Trafficking and Violence Protection Act -of 2000) that is submitted after the date of the enactment of this Act -and concurrent with each such subsequent submission for the following 7 -years, the Secretary of State shall submit to the relevant -congressional committees a report that contains information relating to -the number and the locations of United States visa denials based, in -whole or in part, on grounds related to human trafficking (as such term -is defined in section 103 of the Trafficking Victims Protection Act of -2000 (22 U.S.C. 7102), as amended by section 1299T-5(b)) during the -period covered by each such annual anti-trafficking report. - -SEC. 1299T-7. DEFINITIONS. - - In this subtitle: - (1) Locations of united states visa denials.--The term - ``location of United States visa denials'' means-- - (A) the United States diplomatic or consular post - at which a denied United States visa application was - adjudicated; and - (B) the city or locality of residence of the - applicant whose visa application was so denied. - (2) Relevant congressional committees.--The term ``relevant - congressional committees'' means-- - (A) the Committee on Foreign Affairs and the - Committee on the Judiciary of the House of - Representatives; and - (B) the Committee on Foreign Relations and the - Committee on the Judiciary of the Senate. - - TITLE XIII--COOPERATIVE THREAT REDUCTION - -SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE THREAT - REDUCTION FUNDS. - - (a) Funding Allocation.--Of the $373,690,000 authorized to be -appropriated to the Department of Defense for fiscal year 2021 in -section 301 and made available by the funding table in division D for -the Department of Defense Cooperative Threat Reduction Program -established under section 1321 of the Department of Defense Cooperative -Threat Reduction Act (50 U.S.C. 3711), the following amounts may be -obligated for the purposes specified: - (1) For strategic offensive arms elimination, $2,924,000. - (2) For chemical weapons destruction, $12,856,000. - (3) For global nuclear security, $33,919,000. - (4) For cooperative biological engagement, $216,200,000. - (5) For proliferation prevention, $79,869,000. - (6) For activities designated as Other Assessments/ - Administrative Costs, $27,922,000. - (b) Specification of Cooperative Threat Reduction Funds.--Funds -appropriated pursuant to the authorization of appropriations in section -301 and made available by the funding table in division D for the -Department of Defense Cooperative Threat Reduction Program shall be -available for obligation for fiscal years 2021, 2022, and 2023. - -SEC. 1302. SENSE OF CONGRESS REGARDING BIOLOGICAL THREAT REDUCTION AND - COOPERATIVE BIOLOGICAL ENGAGEMENT OF THE COOPERATIVE - THREAT REDUCTION PROGRAM. - - It is the sense of Congress that-- - (1) keeping Americans safe means ensuring that global - health security is prioritized as a national security issue; - (2) as highlighted by the 2017 National Security Strategy - of the United States, biological threats, whether ``deliberate - attack, accident, or a natural outbreak'', are growing threats - and ``require actions to address them at their source'' through - programs carried out by cooperative engagement, such as working - ``with partners to ensure that laboratories that handle - dangerous pathogens have in place safety and security - measures''; - (3) the 2017 National Security Strategy of the United - States appropriately affirms the importance of supporting - advancements in biomedical innovation while mitigating harm - caused by advanced bioweapons and capabilities; - (4) the intrinsically linked nature of biological threats, - whether naturally occurring, accidental, or deliberate, - underscores the relationship between the Global Health Security - Strategy of the United States and the National Biodefense - Strategy, and the national security tools used to prevent and - mitigate these threats must be similarly connected; - (5) biological threats are a critical emerging threat - against the United States and addressing these threats through - cooperative programs is an opportunity to achieve long-standing - nonproliferation goals; - (6) cooperative programs to address biological threats - through improved global capacity in the areas of biosafety, - biosecurity, bio-surveillance, research oversight, and related - legislative and regulatory frameworks have become even more - important as the world faces increasing availability of and - advancements in biotechnology, which has broad dual-use and - proliferation implications; - (7) under the Cooperative Threat Reduction Program of the - Department of Defense established under the Department of - Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et - seq.), Congress authorized the Secretary of Defense to address - such threats through activities to prevent, detect, and report - on highly pathogenic diseases or other diseases, ``regardless - of whether such diseases are caused by biological weapons''; - (8) in 2014, President Obama declared the Ebola virus - disease epidemic a national security priority and exercised the - authority under such Program to build capacity that mitigated - the imminent threat posed by the Ebola virus disease and - established capabilities required to prevent future outbreaks; - (9) many of the prevention, detection, and response - capacities built in response to the Ebola virus disease - epidemic are also those used to prevent, detect, and respond to - the use of biological weapons abroad; - (10) continuing to use cooperative engagement programs is - in the national security interests of the United States because - of the important relationships established between the United - States and partner countries, which are based on ideals such as - transparency, information sharing, and a shared responsibility - in advancing global security; - (11) the recent coronavirus disease 2019 (COVID-19) global - pandemic has illustrated the dire consequences resulting from a - single disease that knows no boundaries, impacting the United - States economy and the health of United States citizens and - members of the Armed Forces, both domestically and abroad; - (12) in light of the impacts caused by COVID-19, and - following two congressionally mandated reports that call for - better implementation of the biological cooperative engagement - programs of the United States and the National Biodefense - Strategy (the report published by the Government Accountability - Office on March 11, 2020, titled ``National Biodefense - Strategy: Opportunities and Challenges with Early - Implementation'' and the report published by the National - Academies of Sciences, Engineering, and Medicine on April 14, - 2020, titled ``A Strategic Vision for Biological Threat - Reduction: The U.S. Department of Defense and Beyond''), it is - of utmost importance that such programs are given due and - increased prioritization for national security purposes; and - (13) the Secretary of Defense and the Secretary of State - should make every effort to prioritize and advance the - determination, concurrence, and notification processes under - the Department of Defense Cooperative Threat Reduction Act (50 - U.S.C. 3701 et seq.) to provide for necessary new country - determinations in a timely manner and be responsive to emerging - biological threats. - - TITLE XIV--OTHER AUTHORIZATIONS - - Subtitle A--Military Programs - -SEC. 1401. WORKING CAPITAL FUNDS. - - Funds are hereby authorized to be appropriated for fiscal year 2021 -for the use of the Armed Forces and other activities and agencies of -the Department of Defense for providing capital for working capital and -revolving funds, as specified in the funding table in section 4501. - -SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. - - (a) Authorization of Appropriations.--Funds are hereby authorized -to be appropriated for the Department of Defense for fiscal year 2021 -for expenses, not otherwise provided for, for Chemical Agents and -Munitions Destruction, Defense, as specified in the funding table in -section 4501. - (b) Use.--Amounts authorized to be appropriated under subsection -(a) are authorized for-- - (1) the destruction of lethal chemical agents and munitions - in accordance with section 1412 of the Department of Defense - Authorization Act, 1986 (50 U.S.C. 1521); and - (2) the destruction of chemical warfare materiel of the - United States that is not covered by section 1412 of such Act. - -SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. - - Funds are hereby authorized to be appropriated for the Department -of Defense for fiscal year 2021 for expenses, not otherwise provided -for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, -as specified in the funding table in section 4501. - -SEC. 1404. DEFENSE INSPECTOR GENERAL. - - Funds are hereby authorized to be appropriated for the Department -of Defense for fiscal year 2021 for expenses, not otherwise provided -for, for the Office of the Inspector General of the Department of -Defense, as specified in the funding table in section 4501. - -SEC. 1405. DEFENSE HEALTH PROGRAM. - - Funds are hereby authorized to be appropriated for fiscal year 2021 -for the Defense Health Program for use of the Armed Forces and other -activities and agencies of the Department of Defense for providing for -the health of eligible beneficiaries, as specified in the funding table -in section 4501. - -SEC. 1406. NATIONAL DEFENSE SEALIFT FUND. - - Funds are hereby authorized to be appropriated for fiscal year 2021 -for the National Defense Sealift Fund, as specified in the funding -tables in section 4501. - - Subtitle B--Other Matters - -SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF - DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY - DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH - CARE CENTER, ILLINOIS. - - (a) Authority for Transfer of Funds.--Of the funds authorized to be -appropriated by section 1405 and available for the Defense Health -Program for operation and maintenance, $137,000,000 may be transferred -by the Secretary of Defense to the Joint Department of Defense- -Department of Veterans Affairs Medical Facility Demonstration Fund -established by subsection (a)(1) of section 1704 of the National -Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 -Stat. 2571). For purposes of subsection (a)(2) of such section 1704, -any funds so transferred shall be treated as amounts authorized and -appropriated specifically for the purpose of such a transfer. - (b) Use of Transferred Funds.--For the purposes of subsection (b) -of such section 1704, facility operations for which funds transferred -under subsection (a) may be used are operations of the Captain James A. -Lovell Federal Health Care Center, consisting of the North Chicago -Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and -supporting facilities designated as a combined Federal medical facility -under an operational agreement covered by section 706 of the Duncan -Hunter National Defense Authorization Act for Fiscal Year 2009 (Public -Law 110-417; 122 Stat. 4500). - -SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT - HOME. - - There is hereby authorized to be appropriated for fiscal year 2021 -from the Armed Forces Retirement Home Trust Fund the sum of $70,300,000 -for the operation of the Armed Forces Retirement Home. - - TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS - CONTINGENCY OPERATIONS - - Subtitle A--Authorization of Appropriations + Subtitle A--Authorization of Appropriations SEC. 1501. PURPOSE. - The purpose of this title is to authorize appropriations for the Department of Defense for fiscal year 2021 to provide additional funds for overseas contingency operations being carried out by the Armed Forces. - -SEC. 1502. PROCUREMENT. - +SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS. + Funds are hereby authorized to be appropriated for fiscal year 2021 +for the Department of Defense for overseas contingency operations in +such amounts as may be designated as provided in section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)). +SEC. 1503. PROCUREMENT. Funds are hereby authorized to be appropriated for fiscal year 2021 for procurement accounts for the Army, the Navy and the Marine Corps, -the Air Force, and Defense-wide activities, as specified in the funding -table in section 4102. - -SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. - +the Air Force and the Space Force, and Defense-wide activities, as +specified in the funding table in section 4102. +SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202. - -SEC. 1504. OPERATION AND MAINTENANCE. - +SEC. 1505. OPERATION AND MAINTENANCE. Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302. - -SEC. 1505. MILITARY PERSONNEL. - +SEC. 1506. MILITARY PERSONNEL. Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, military personnel accounts, as specified in the funding table in section 4402. - -SEC. 1506. WORKING CAPITAL FUNDS. - +SEC. 1507. WORKING CAPITAL FUNDS. Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502. - -SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. - +SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502. - -SEC. 1508. DEFENSE INSPECTOR GENERAL. - +SEC. 1509. DEFENSE INSPECTOR GENERAL. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502. - -SEC. 1509. DEFENSE HEALTH PROGRAM. - +SEC. 1510. DEFENSE HEALTH PROGRAM. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table @@ -35836,33 +35601,25 @@ in section 4502. Subtitle B--Financial Matters SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. - The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act. - SEC. 1512. SPECIAL TRANSFER AUTHORITY. - - (a) Authority To Transfer Authorizations.-- - (1) Authority.--Upon determination by the Secretary of - Defense that such action is necessary in the national interest, - the Secretary may transfer amounts of authorizations made - available to the Department of Defense in this title for fiscal - year 2021 between any such authorizations for that fiscal year - (or any subdivisions thereof). Amounts of authorizations so - transferred shall be merged with and be available for the same - purposes as the authorization to which transferred. - (2) Limitation.--The total amount of authorizations that - the Secretary may transfer under the authority of this - subsection may not exceed $2,500,000,000. - (b) Terms and Conditions.-- - (1) In general.--Transfers under this section shall be - subject to the same terms and conditions as transfers under - section 1001. - (2) Additional limitation on transfers from the national - guard and reserve equipment.--The authority provided by - subsection (a) may not be used to transfer any amount from - National Guard and Reserve Equipment. + (a) Authority to Transfer Authorizations.-- + (1) Authority.--Upon determination by the Secretary of Defense + that such action is necessary in the national interest, the + Secretary may transfer amounts of authorizations made available to + the Department of Defense in this title for fiscal year 2021 + between any such authorizations for that fiscal year (or any + subdivisions thereof). Amounts of authorizations so transferred + shall be merged with and be available for the same purposes as the + authorization to which transferred. + (2) Limitation.--The total amount of authorizations that the + Secretary may transfer under the authority of this subsection may + not exceed $2,000,000,000. + (b) Terms and Conditions.--Transfers under this section shall be +subject to the same terms and conditions as transfers under section +1001. (c) Additional Authority.--The transfer authority provided by this section is in addition to the transfer authority provided under section 1001. @@ -35870,962 +35627,1115 @@ section is in addition to the transfer authority provided under section Subtitle C--Other Matters SEC. 1521. AFGHANISTAN SECURITY FORCES FUND. - (a) Continuation of Prior Authorities and Notice and Reporting Requirements.--Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2021 shall be subject to the conditions contained in-- - (1) subsections (b) through (f) of section 1513 of the - National Defense Authorization Act for Fiscal Year 2008 (Public - Law 110-181; 122 Stat. 428); and - (2) section 1521(d)(1) of the National Defense - Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 - Stat. 2577) (as amended by subsection (b)). + (1) subsections (b) through (f) of section 1513 of the National + Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; + 122 Stat. 428); and + (2) section 1521(d)(1) of the National Defense Authorization + Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577) (as + amended by subsection (b)). (b) Extension of Prior Notice and Reporting Requirements.--Section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577) is amended by striking ``through January 31, 2021'' and inserting ``through January 31, 2023''. (c) Equipment Disposition.-- - (1) Acceptance of certain equipment.--Subject to paragraph - (2), the Secretary of Defense may accept equipment that is - procured using amounts authorized to be appropriated for the - Afghanistan Security Forces Fund by this Act and is intended - for transfer to the security forces of the Ministry of Defense - and the Ministry of the Interior of the Government of - Afghanistan, but is not accepted by such security forces. - (2) Conditions on acceptance of equipment.--Before - accepting any equipment under the authority provided by - paragraph (1), the Commander of United States forces in - Afghanistan shall make a determination that such equipment was - procured for the purpose of meeting requirements of the - security forces of the Ministry of Defense and the Ministry of - the Interior of the Government of Afghanistan, as agreed to by - both the Government of Afghanistan and the Government of the - United States, but is no longer required by such security - forces or was damaged before transfer to such security forces. - (3) Elements of determination.--In making a determination - under paragraph (2) regarding equipment, the Commander of - United States forces in Afghanistan shall consider alternatives - to the acceptance of such equipment by the Secretary. An - explanation of each determination, including the basis for the - determination and the alternatives considered, shall be - included in the relevant quarterly report required under - paragraph (5). - (4) Treatment as department of defense stocks.--Equipment - accepted under the authority provided by paragraph (1) may be - treated as stocks of the Department of Defense upon - notification to the congressional defense committees of such - treatment. - (5) Quarterly reports on equipment disposition.-- - (A) In general.--Not later than 90 days after the - date of the enactment of this Act and every 90-day - period thereafter during which the authority provided - by paragraph (1) is exercised, the Secretary shall - submit to the congressional defense committees a report - describing the equipment accepted during the period - covered by such report under the following: - (i) This subsection. - (ii) Section 1521(b) of the National - Defense Authorization Act for Fiscal Year 2017 - (Public Law 114-328; 130 Stat. 2575). - (iii) Section 1531(b) of the National - Defense Authorization Act for Fiscal Year 2016 - (Public Law 114-92; 129 Stat. 1088). - (iv) Section 1532(b) of the Carl Levin and - Howard P. ``Buck'' McKeon National Defense - Authorization Act for Fiscal Year 2015 (Public - Law 113-291; 128 Stat. 3613). - (v) Section 1531(d) of the National Defense - Authorization Act for Fiscal Year 2014 (Public - Law 113-66; 127 Stat. 938; 10 U.S.C. 2302 - note). - (B) Elements.--Each report under subparagraph (A) - shall include a list of all equipment that was accepted - during the period covered by such report and treated as - stocks of the Department of Defense and copies of the - determinations made under paragraph (2), as required by - paragraph (3). + (1) Acceptance of certain equipment.--Subject to paragraph (2), + the Secretary of Defense may accept equipment that is procured + using amounts authorized to be appropriated for the Afghanistan + Security Forces Fund by this Act and is intended for transfer to + the security forces of the Ministry of Defense and the Ministry of + Interior Affairs of the Government of Afghanistan, but is not + accepted by such security forces. + (2) Conditions on acceptance of equipment.--Before accepting + any equipment under the authority provided under paragraph (1), the + Commander of United States forces in Afghanistan shall make a + determination that such equipment was procured for the purpose of + meeting requirements of the security forces of the Ministry of + Defense and the Ministry of Interior Affairs of the Government of + Afghanistan, as agreed to by both the Government of Afghanistan and + the U.S. Government, but is no longer required by such security + forces or was damaged before transfer to such security forces. + (3) Elements of determination.--In making a determination under + paragraph (2) regarding equipment, the Commander of United States + forces in Afghanistan shall consider alternatives to the acceptance + of such equipment by the Secretary. An explanation of each + determination, including the basis for the determination and the + alternatives considered, shall be included in the relevant + quarterly report required under paragraph (5). + (4) Treatment as department of defense stocks.--Equipment + accepted under the authority provided under paragraph (1) may be + treated as stocks of the Department of Defense upon notification to + the congressional defense committees of such treatment. + (5) Quarterly reports on equipment disposition.-- + (A) In general.--Not later than 90 days after the date of + the enactment of this Act and every 90 days thereafter during + the period in which the authority provided under paragraph (1) + is exercised, the Secretary shall submit to the congressional + defense committees a report describing the equipment accepted + during the period covered by such report under the following: + (i) This subsection. + (ii) Section 1521(b) of the National Defense + Authorization Act for Fiscal Year 2017 (Public Law 114-328; + 130 Stat. 2575). + (iii) Section 1531(b) of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92; + 129 Stat. 1088). + (iv) Section 1532(b) of the Carl Levin and Howard P. + ``Buck'' McKeon National Defense Authorization Act for + Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3613). + (v) Section 1531(d) of the National Defense + Authorization Act for Fiscal Year 2014 (Public Law 113-66; + 127 Stat. 938; 10 U.S.C. 2302 note). + (B) Elements.--Each report under subparagraph (A) shall + include, with respect to the 90-day period for which the report + is submitted-- + (i) a list of any equipment accepted during such period + and treated as stocks of the Department of Defense; and + (ii) copies of any determinations made under paragraph + (2) during such period, as required under paragraph (3). (d) Security of Afghan Women.-- - (1) In general.--Of the funds available to the Department - of Defense for the Afghan Security Forces Fund for fiscal year - 2021, it is the goal that $29,100,000, but in no event less - than $10,000,000, shall be used for the recruitment, - integration, retention, training, and treatment of women in the - Afghan National Defense and Security Forces. - (2) Types of programs and activities.--Such programs and - activities may include-- - (A) efforts to recruit and retain women into the - Afghan National Defense and Security Forces, including - the special operations forces; - (B) programs and activities of the Directorate of - Human Rights and Gender Integration of the Ministry of - Defense of Afghanistan and the Office of Human Rights, - Gender and Child Rights of the Ministry of Interior of - Afghanistan; - (C) development and dissemination of gender and - human rights educational and training materials and - programs within the Ministry of Defense and the - Ministry of Interior of Afghanistan; - (D) efforts to address harassment and violence - against women within the Afghan National Defense and - Security Forces; - (E) improvements to infrastructure that address the - requirements of women serving in the Afghan National - Defense and Security Forces, including appropriate - equipment for female security and police forces, and - transportation for policewomen to their station; - (F) support for Afghanistan National Police Family - Response Units; - (G) security provisions for high-profile female - police and military officers; - (H) programs to promote conflict prevention, - management, and resolution through the meaningful - participation of Afghan women in the Afghan National - Defense and Security Forces, by exposing Afghan women - and girls to the activities of and careers available - with such forces, encouraging their interest in such - careers, or developing their interest and skills - necessary for service in such forces; and - (I) enhancements to Afghan National Defense and - Security Forces recruitment programs for targeted - advertising with the goal of increasing the number of - female recruits. + (1) In general.--Of the funds available to the Department of + Defense for the Afghanistan Security Forces Fund for fiscal year + 2021, it is the goal that $29,100,000, but in no event less than + $10,000,000, shall be used for programs and activities for-- + (A) the recruitment, integration, retention, training, and + treatment of women in the Afghan National Defense and Security + Forces; and + (B) the recruitment, training, and contracting of female + security personnel for future elections. + (2) Types of programs and activities.--Such programs and + activities may include-- + (A) efforts to recruit and retain women into the Afghan + National Defense and Security Forces, including the special + operations forces; + (B) programs and activities of the Directorate of Human + Rights and Gender Integration of the Ministry of Defense and + the Office of Human Rights, Gender, and Child Rights of the + Ministry of Interior Affairs of the Government of Afghanistan; + (C) development and dissemination of gender and human + rights educational and training materials and programs within + the Ministry of Defense and the Ministry of Interior Affairs of + the Government of Afghanistan; + (D) efforts to address harassment and violence against + women within the Afghan National Defense and Security Forces; + (E) improvements to infrastructure that address the + requirements of women serving in the Afghan National Defense + and Security Forces, including appropriate equipment for female + security and police forces, remediation, renovation, and + protection of facilities used by women, and transportation for + policewomen to their station; + (F) support for Afghanistan National Police Family Response + Units; + (G) security provisions for high-profile female police and + military officers; + (H) programs to promote conflict prevention, management, + and resolution through the meaningful participation of Afghan + women in the Afghan National Defense and Security Forces, by + exposing Afghan women and girls to the activities of and + careers available with such forces, encouraging their interest + in such careers, or developing their interest and skills + necessary for service in such forces; and + (I) enhancements to Afghan National Defense and Security + Forces recruitment programs for targeted advertising with the + goal of increasing the number of female recruits. (e) Assessment of Afghanistan Progress on Objectives.-- - (1) Assessment required.--Not later than 180 days after the - date of the enactment of this Act, the Secretary of Defense - shall, in consultation with the Secretary of State, submit to - the Committee on Armed Services and the Committee on Foreign - Affairs of the House of Representatives and the Committee on - Armed Services and the Committee on Foreign Relations of the - Senate an assessment describing-- - (A) the progress of the Government of the Islamic - Republic of Afghanistan toward meeting shared security - objectives; and - (B) the efforts of the Government of the Islamic - Republic of Afghanistan to manage, employ, and sustain - the equipment and inventory provided under subsection - (a). - (2) Matters to be included.--In conducting the assessment - required by paragraph (1), the Secretary of Defense shall - include each of the following: - (A) The extent to which the Government of - Afghanistan has a strategy for, and has taken steps - toward, increased accountability and the reduction of - corruption within the Ministry of Defense and the - Ministry of Interior of Afghanistan. - (B) The extent to which the capability and capacity - of the Afghan National Defense and Security Forces have - improved as a result of Afghanistan Security Forces - Fund investment, including through training, and an - articulation of the metrics used to assess such - improvements. - (C) The extent to which the Afghan National Defense - and Security Forces have been able to increase pressure - on the Taliban, al-Qaeda, the Haqqani network, the - Islamic State of Iraq and Syria-Khorasan, and other - terrorist organizations, including by re-taking - territory, defending territory, and disrupting attacks. - (D) The distribution practices of the Afghan - National Defense and Security Forces and whether the - Government of Afghanistan is ensuring that supplies, - equipment, and weaponry supplied by the United States - are appropriately distributed to, and employed by, - security forces charged with fighting the Taliban and - other terrorist organizations. - (E) A description of-- - (i) the policy governing the use of - Acquisition and Cross Servicing Agreements - (ACSA) in Afghanistan; - (ii) each ACSA transaction by type, amount, - and recipient for calendar year 2020; and - (iii) for any transactions from the United - States to Afghan military forces, an - explanation for why such transaction was not - carried out under the authorities of the - Afghanistan Security Forces Fund. - (F) The extent to which the Government of - Afghanistan has designated the appropriate staff, - prioritized the development of relevant processes, and - provided or requested the allocation of resources - necessary to support a peace and reconciliation process - in Afghanistan. - (G) A description of the ability of the Ministry of - Defense and the Ministry of Interior of Afghanistan to - manage and account for previously divested equipment, - including a description of any vulnerabilities or - weaknesses of the internal controls of such Ministry of - Defense and Ministry of Interior and any plan in place - to address shortfalls. - (H) A description of any significant irregularities - in the divestment of equipment to the Afghan National - Defense and Security Forces during the period beginning - on May 1, 2020, and ending on May 1, 2021, including - any major losses of such equipment or any inability on - the part of the Afghan National Defense and Security - Forces to account for equipment so procured. - (I) A description of the sustainment and - maintenance costs required during the 5-year period - beginning on the date of the enactment of this Act, for - major weapons platforms previously divested, and a - description of the plan for the Afghan National Defense - and Security Forces to maintain such platforms in the - future. - (J) The extent to which the Government of - Afghanistan is adhering to conditions for receiving - assistance established in annual financial commitment - letters or any other bilateral agreements with the - United States. - (K) The extent to which the Government of - Afghanistan has made progress in achieving security - sector benchmarks as outlined by the United States- - Afghan Compact (commonly known as the ``Kabul - Compact'') and a description of any other documents, - plans, or agreements used by the United States to - measure security sector progress. - (L) The extent to which the Government of - Afghanistan or the Secretary has developed a plan to - integrate former Taliban fighters into the Ministries - of Defense or Interior. - (M) Such other factors as the Secretaries consider - appropriate. - (N) The extent to which the Government of - Afghanistan has prioritized the development of relevant - processes to combat gross human rights violation and to - promote religious freedom and peace in Afghanistan. - (O) The extent to which the Afghan National Defense - and Security Forces have been able to promote religious - freedom by increasing pressure on the Taliban, al- - Qaeda, the Haqqani network, the Islamic State of Iraq - and Syria-Khorasan, and other terrorist organizations - by connecting regional peace with the practice of - freedom of religion or belief. - (3) Form.--The assessment required by paragraph (1) shall - be submitted in unclassified form, but may include a classified - annex. - (4) Withholding of assistance for insufficient progress.-- - (A) In general.--If the Secretary of Defense - determines, in coordination with the Secretary of State - and pursuant to the assessment under paragraph (1), - that the Government of Afghanistan has made - insufficient progress in the areas described in - paragraph (2), the Secretary of Defense shall-- - (i) withhold $401,500,000, to be derived - from amounts made available for assistance for - the Afghan National Defense and Security - Forces, from expenditure or obligation until - the date on which the Secretary certifies to - the congressional defense committees that the - Government of Afghanistan has made sufficient - progress; and - (ii) notify the congressional defense - committees not later than 30 days before - withholding such funds. - (B) Waiver.--If the Secretary of Defense determines - that withholding such assistance would impede the - national security objectives of the United States by - prohibiting, restricting, delaying, or otherwise - limiting the provision of assistance, the Secretary may - waive the withholding requirement under subparagraph - (A) if the Secretary, in coordination with the - Secretary of State, certifies such determination to the - congressional defense committees not later than 30 days - before the effective date of the waiver. + (1) Assessment required.--Not later than March 1, 2021, the + Secretary of Defense, in consultation with the Secretary of State, + shall submit to the Committee on Armed Services and the Committee + on Foreign Affairs of the House of Representatives and the + Committee on Armed Services and the Committee on Foreign Relations + of the Senate an assessment describing-- + (A) the progress of the Government of Afghanistan toward + meeting shared security objectives, including specific + milestones achieved since the date on which the assessment + required under section 1520(d)(1) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1716) was submitted; and + (B) the efforts of the Government of Afghanistan to manage, + employ, and sustain the equipment and inventory provided under + subsection (a). + (2) Matters to be included.--The assessment required under + paragraph (1) shall include each of the following: + (A) The progress made by the Government of Afghanistan + toward increased accountability and the reduction of corruption + within the Ministry of Defense and the Ministry of Interior + Affairs of such Government. + (B) The extent to which the capability and capacity of the + Afghan National Defense and Security Forces have improved as a + result of Afghanistan Security Forces Fund investment, + including through training, and an articulation of the metrics + used to assess such improvements. + (C) The extent to which the Afghan National Defense and + Security Forces have been successful in-- + (i) defending territory, re-taking territory, and + disrupting attacks; + (ii) reducing the use of Aghan National Defense and + Security Forces checkpoints; and + (iii) curtailing the use of Afghan Special Security + Forces for missions that are better suited to general + purpose forces. + (D) The distribution practices of the Afghan National + Defense and Security Forces and whether the Government of + Afghanistan has ensured that supplies, equipment, and weaponry + supplied by the United States are appropriately distributed to, + and employed by, security forces. + (E) The extent to which the Government of Afghanistan has + designated the appropriate staff, prioritized the development + of relevant processes, and provided or requested the allocation + of resources necessary to support a peace and reconciliation + process in Afghanistan. + (F) A description of the ability of the Ministry of Defense + and the Ministry of Interior Affairs of the Government of + Afghanistan to manage and account for previously divested + equipment, including a description of any vulnerabilities or + weaknesses of the internal controls of such Ministries and any + plan in place to address shortfalls. + (G) A description of any significant irregularities in the + divestment of equipment to the Afghan National Defense and + Security Forces during the period beginning on May 1, 2020, and + ending on March 1, 2021, including any major losses of such + equipment or any inability on the part of the Afghan National + Defense and Security Forces to account for equipment procured + during such period. + (H) A description of the sustainment and maintenance costs + required during the five-year period beginning on the date of + the enactment of this Act, for major weapons platforms + previously divested, and a description of the plan for the + Afghan National Defense and Security Forces to maintain such + platforms in the future. + (I) The extent to which the Government of Afghanistan has + adhered to conditions for receiving assistance established in + annual financial commitment letters or any other bilateral + agreements with the United States. + (J) The extent to which the Government of Afghanistan or + the Secretary of Defense has developed a plan to integrate + former Taliban fighters into the Ministry of Defense or the + Ministry of Interior Affairs of the Government of Afghanistan. + (K) Such other factors as the Secretaries consider + appropriate. + (3) Form.--The assessment required under paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (4) Withholding of assistance for insufficient progress.-- + (A) Certification.--Not later than December 31, 2020, the + Secretary of Defense, in coordination with the Secretary of + State and pursuant to the assessment required under paragraph + (1), shall submit to the congressional defense committees a + certification indicating whether the Government of the Islamic + Republic of Afghanistan has made sufficient progress in the + areas described in paragraph (2). + (B) Withholding of funds.--If the Secretary of Defense is + unable to certify under subparagraph (A) that the Government of + Afghanistan has made sufficient progress in the areas described + in paragraph (2), the Secretary of Defense shall-- + (i) withhold from expenditure and obligation an amount + that is not less than 5 percent and not more than 15 + percent of the amounts made available for assistance for + the Afghan National Defense and Security Forces for fiscal + year 2021 until the date on which the Secretary is able to + so certify; and + (ii) notify the congressional defense committees not + later than 30 days before withholding such funds and + indicate each specific area of insufficient progress. + (C) Waiver.--If the Secretary of Defense determines that + withholding assistance under this paragraph would impede the + national security objectives of the United States by + prohibiting, restricting, delaying, or otherwise limiting the + provision of assistance to the Afghan National Defense and + Security Forces for fiscal year 2021, the Secretary may waive + the withholding requirement under subparagraph (B) if the + Secretary, in coordination with the Secretary of State, + certifies such determination to the congressional defense + committees not later than 30 days before the effective date of + the waiver. (f) Additional Reporting Requirements.--The Secretary of Defense shall include in the materials submitted in support of the budget for fiscal year 2022 that is submitted by the President under section 1105(a) of title 31, United States Code, each of the following: - (1) The amount of funding provided in fiscal year 2020 - through the Afghanistan Security Forces Fund to the Government - of Afghanistan in the form of direct government-to-government - assistance or on-budget assistance for the purposes of - supporting any entity of such government, including the Afghan - National Defense and Security Forces, the Afghan Ministry of - Interior, or the Afghan Ministry of Defense. - (2) The amount of funding provided and anticipated to be - provided, as of the date of the submission of the materials, in - fiscal year 2021 through such Fund in such form. - (3) To the extent the amount described in paragraph (2) - exceeds the amount described in paragraph (1), an explanation - as to the reason why the such amount is greater and the - specific entities and purposes that were supported by such - increase. - -SEC. 1522. REPORT ON TRANSITIONING FUNDING. - - The Secretary of Defense shall include, in the materials submitted -in support of the budget of the President (submitted to Congress -pursuant to section 1105 of title 31, United States Code) for fiscal -year 2022-- - (1) a description of each program funded in fiscal year - 2021 using amounts authorized to be appropriated for overseas - contingency operations under this title; - (2) the manner and extent to which the Secretary plans to - shift the funding of each such program in the ensuing fiscal - years to use amounts authorized to be appropriated other than - for overseas contingency operations being carried out by the - Armed Forces, disaggregated by fiscal year; and - (3) a plan to return all overseas contingency operations - funding to the base budget, as appropriate, in accordance with - the future-years defense plan set forth in the budget of the - President for fiscal year 2021. - - TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + (1) The amount of funding provided in fiscal year 2020 through + the Afghanistan Security Forces Fund to the Government of + Afghanistan in the form of direct government-to-government + assistance or on-budget assistance for the purposes of supporting + any entity of the Government of Afghanistan, including the Afghan + National Defense and Security Forces, the Ministry of Defense, or + the Ministry of Interior Affairs of such Government. + (2) The amount of funding provided and anticipated to be + provided, as of the date of the submission of the materials, in + fiscal year 2021 through such Fund in such form. + (3) If the amount described in paragraph (2) exceeds the amount + described in paragraph (1)-- + (A) an explanation as to why the amount described in + paragraph (2) is greater; and + (B) a detailed description of the specific entities and + purposes that were supported by such increase. + + TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE + MATTERS Subtitle A--Space Activities -SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM. - - (a) Phase Two Acquisition Strategy.--In carrying out the phase two -acquisition strategy, the Secretary of the Air Force-- - (1) may not change the mission performance requirements; - (2) may not change the acquisition schedule; - (3) may not award phase two contracts after September 30, - 2024; - (4) shall award phase two contracts to not more than two - National Security Space Launch providers; - (5) shall ensure that launch services are procured only - from National Security Space Launch providers that meet the - requirements for the phase two contracts; - (6) not later than 180 days after the date on which phase - two contracts are awarded, shall terminate launch service - agreement contracts awarded under such phase two acquisition - strategy to each National Security Space Launch provider that - is not a down-selected National Security Launch provider; and - (7) may not increase the total amount of funding included - in the initial launch service agreements with down-selected - National Security Launch providers. +Sec. 1601. Space Development Agency development requirements and + transfer to Space Force. +Sec. 1602. Personnel management authority for Space Development Agency + for experts in science and engineering. +Sec. 1603. Requirement to buy certain satellite component from national + technology and industrial base. +Sec. 1604. Conforming amendments relating to reestablishment of Space + Command. +Sec. 1605. Clarification of authority for procurement of commercial + satellite communications services. +Sec. 1606. National Security Space Launch program. +Sec. 1607. Commercial space domain awareness capabilities. +Sec. 1608. Policy to ensure launch of small-class payloads. +Sec. 1609. Tactically responsive space launch operations. +Sec. 1610. Limitation on availability of funds for prototype program for + multi-global navigation satellite system receiver development. +Sec. 1611. Resilient and survivable positioning, navigation, and timing + capabilities. +Sec. 1612. Leveraging commercial satellite remote sensing. +Sec. 1613. Strategy to strengthen civil and national security + capabilities and operations in space. +Sec. 1614. Report and strategy on space competition with China. + + Subtitle B--Defense Intelligence and Intelligence-Related Activities + +Sec. 1621. Safety of navigation mission of the National Geospatial- + Intelligence Agency. +Sec. 1622. National Academies Climate Security Roundtable. +Sec. 1623. Efficient use of sensitive compartmented information + facilities. + + Subtitle C--Nuclear Forces + +Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons + Council; limitation on availability of funds relating to such + updates. +Sec. 1632. Role of Nuclear Weapons Council with respect to performance + requirements and budget for nuclear weapons programs. +Sec. 1633. Modification of Government Accountability Office review of + annual reports on nuclear weapons enterprise. +Sec. 1634. Independent study on nuclear weapons programs of certain + foreign countries. +Sec. 1635. Prohibition on reduction of the intercontinental ballistic + missiles of the United States. + + Subtitle D--Missile Defense Programs + +Sec. 1641. Alignment of the Missile Defense Agency within the Department + of Defense. +Sec. 1642. Extension of prohibition relating to missile defense + information and systems. +Sec. 1643. Extension of transition of ballistic missile defense programs + to military departments. +Sec. 1644. Extension of requirement for Comptroller General review and + assessment of missile defense acquisition programs. +Sec. 1645. Development of hypersonic and ballistic missile tracking + space sensor payload. +Sec. 1646. Ground-based midcourse defense interim capability. +Sec. 1647. Next generation interceptors. +Sec. 1648. Report on and limitation on availability of funds for layered + homeland missile defense system. +Sec. 1649. Iron Dome short-range rocket defense system and Israeli + cooperative missile defense program co-development and co- + production. +Sec. 1650. Report on defense of Guam from integrated air and missile + threats. +Sec. 1651. Reports on cruise missile defense and North Warning System. + + Subtitle E--Matters Relating to Certain Commercial Terrestrial + Operations + +Sec. 1661. Prohibition on availability of funds for certain purposes + relating to the Global Positioning System. +Sec. 1662. Limitation on awarding contracts to entities operating + commercial terrestrial communication networks that cause + harmful interference with the Global Positioning System. +Sec. 1663. Independent technical review of Federal Communications + Commission Order 20-48. +Sec. 1664. Estimate of damages from Federal Communications Commission + Order 20-48. + + Subtitle F--Other Matters + +Sec. 1671. Conventional prompt strike. +Sec. 1672. Limitation on availability of funds relating to reports on + missile systems and arms control treaties. +Sec. 1673. Submission of reports under Missile Defense Review and + Nuclear Posture Review. + + Subtitle A--Space Activities + +SEC. 1601. SPACE DEVELOPMENT AGENCY DEVELOPMENT REQUIREMENTS AND +TRANSFER TO SPACE FORCE. + (a) In General.--Chapter 908 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 9084. Space Development Agency + ``(a) In General.--(1) There is a Space Development Agency of the +Department of Defense (in this section referred to as the `Agency'). +The Director of the Space Development Agency shall be the head of the +Agency. + ``(2) Effective on October 1, 2022-- + ``(A) the Agency shall be an element of the Space Force; and + ``(B) the Director shall report-- + ``(i) pursuant to section 9016(b)(6)(B)(iv)(III) of this + title, to the Assistant Secretary of the Air Force for Space + Acquisition and Integration with respect to acquisition + decisions; and + ``(ii) directly to the Chief of Space Operations with + respect to requirements decisions, personnel decisions, and any + other matter not covered by clause (i). + ``(b) Development and Integration Authorities.--The Director shall +lead-- + ``(1) the development and demonstration of a resilient military + space-based sensing, tracking, and data transport architecture that + uses proliferated low-Earth orbit systems and services; + ``(2) the integration of next-generation space capabilities, + such as novel sensors (including with respect to alternate + navigation, and autonomous battle management features), and sensor + and tracking components (including a hypersonic and ballistic + missile tracking space sensor payload pursuant to section 1645 of + the William M. (Mac) Thornberry National Defense Authorization Act + for Fiscal Year 2021), into the architecture specified in paragraph + (1) to address the requirements and needs of the armed forces and + combatant commands for such capabilities; + ``(3) the procurement of commercial capabilities and services, + including-- + ``(A) options for integrating payloads on commercial buses + and spacecraft into existing commercial architectures; and + ``(B) innovative commercial capabilities and services, such + as on-orbit servicing or in-space transportation systems, that + could extend the life of space systems, rapidly respond to + threats, or contribute to resilience; and + ``(4) the rapid introduction, acquisition, and iteration of + cost-effective, resilient solutions that leverage planned and + existing commercial low-Earth orbit capabilities or innovative + capabilities. + ``(c) Budget Materials and Program Elements.--Beginning not later +than with respect to fiscal year 2023 and each fiscal year thereafter-- + ``(1) in the budget justification materials submitted to + Congress in support of the Department of Defense budget for a + fiscal year (as submitted with the budget of the President under + section 1105(a) of title 31), the amount requested for the + activities of the Agency shall be separate from the other + activities of the Space Force; and + ``(2) the Secretary of Defense shall ensure that the programs + of the Agency are assigned program elements different from other + program elements of the Space Force.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +9083 the following new item: + +``9084. Space Development Agency.''. + + (c) Conforming Amendment.--Section 9016(b)(6)(B)(iv)(III) of such +title is amended by inserting before the period at the end the +following: ``with respect to acquisition decisions''. + (d) Transition.-- + (1) Transfer.--Effective on October 1, 2022, the Secretary of + Defense shall transfer the Space Development Agency from the Office + of the Secretary of Defense to the Space Force. + (2) Funding, duties, responsibilities, and personnel.--Except + as provided by section 9084 of title 10, United States Code, the + transfer under paragraph (1) of the Space Development Agency from + the Office of the Secretary of Defense to the Space Force shall + include the transfer of the funding, duties, responsibilities, and + personnel of the Agency as of the day before the date of the + transfer. +SEC. 1602. PERSONNEL MANAGEMENT AUTHORITY FOR SPACE DEVELOPMENT AGENCY +FOR EXPERTS IN SCIENCE AND ENGINEERING. + (a) Program Authorized for Space Development Agency.--Section +1599h(a) of title 10, United States Code, is amended by adding at the +end the following new paragraph: + ``(7) SDA.--The Director of the Space Development Agency may + carry out a program of personnel management authority provided in + subsection (b) in order to facilitate recruitment of eminent + experts in science or engineering for research and development + projects and to enhance the administration and management of the + Agency. The authority to carry out the program under this paragraph + shall terminate on December 31, 2025.''. + (b) Personnel Management Authority.--Section 1599h(b)(1) of such +title is amended-- + (1) by striking ``and'' at the end of subparagraph (E); + (2) by inserting ``and'' after the semicolon at the end of + subparagraph (F); and + (3) by adding at the end the following new subparagraph: + ``(G) in the case of the Space Development Agency, appoint + individuals to a total of not more than 10 positions in the + Agency, of which not more than 3 such positions may be + positions of administration or management of the Agency;''. +SEC. 1603. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM NATIONAL +TECHNOLOGY AND INDUSTRIAL BASE. + (a) In General.--Section 2534(a) of title 10, United States Code, +as amended by section 845, is further amended by adding at the end the +following new paragraph: + ``(5) Star tracker.--A star tracker used in a satellite + weighing more than 400 pounds whose principle purpose is to support + the national security, defense, or intelligence needs of the United + States Government.''. + (b) Certain Exemption.--Paragraph (5) of section 2534(a) of title +10, United States Code, as added by subsection (a) of this section, +shall not apply with respect to programs that have received Milestone A +approval (as defined in section 2431a of such title) before October 1, +2021. + (c) Clarification of Delegation Authority.--Subject to subsection +(i) of section 2534 of title 10, United States Code, the Secretary of +Defense may delegate to a service acquisition executive the authority +to make a waiver under subsection (d) of such section with respect to +the limitation under subsection (a)(5) of such section, as added by +subsection (a) of this section. +SEC. 1604. CONFORMING AMENDMENTS RELATING TO REESTABLISHMENT OF SPACE +COMMAND. + (a) Certifications Regarding Integrated Tactical Warning and Attack +Assessment Mission of the Air Force.--Section 1666(a) of National +Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 113 +Stat. 2617) is amended by striking ``Strategic Command'' and inserting +``Space Command''. + (b) Council on Oversight of the Department of Defense Positioning, +Navigation, and Timing Enterprise.--Section 2279b of title 10, United +States Code, is amended-- + (1) in subsection (b)-- + (A) by redesignating paragraphs (7), (8), (9), and (10) as + paragraphs (8), (9), (10), and (11), respectively; and + (B) by inserting after paragraph (6) the following new + paragraph (7): + ``(7) The Commander of the United States Space Command.''; and + (2) in subsection (f), by striking ``Strategic Command'' each + place it appears and inserting ``Space Command''. + (c) Joint Interagency Combined Space Operations Center.--Section +605(e) of the Intelligence Authorization Act for Fiscal Year 2017 +(Public Law 115-31; 131 Stat. 832; 10 U.S.C. 2271 note) is amended-- + (1) in the subsection heading, by striking ``Joint Interagency + Combined Space Operations Center'' and inserting ``National Space + Defense Center''; + (2) by striking ``Strategic Command'' each place it appears and + inserting ``Space Command''; and + (3) by striking ``Joint Interagency Combined Space Operations + Center'' each place it appears and inserting ``National Space + Defense Center''. + (d) National Security Space Satellite Reporting Policy.--Section +2278(a) of title 10, United States Code, is amended by striking +``Strategic Command'' and inserting ``Space Command''. + (e) Space-based Infrared System and Advanced Extremely High +Frequency Program.--Section 1612(a)(1) of the National Defense +Authorization Act for 2017 (Public Law 114-328; 130 Stat. 2590) is +amended by striking ``Strategic Command'' and inserting ``Space +Command''. +SEC. 1605. CLARIFICATION OF AUTHORITY FOR PROCUREMENT OF COMMERCIAL +SATELLITE COMMUNICATIONS SERVICES. + Section 957(c) of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 10 U.S.C. 9016 note) is amended by adding +at the end the following new paragraph: + ``(4) Commercial satellite communications services.-- + ``(A) Authority.--Beginning on the date specified in + subparagraph (B), the Service Acquisition Executive for Space + Systems and Programs shall be responsible for the procurement + of commercial satellite communications services for the + Department of Defense. + ``(B) Date specified.--The date specified in this + subparagraph is the date that is 120 days after the date on + which the Service Acquisition Executive for Space Systems and + Programs submits to the congressional defense committees a plan + for delegating the authority under subparagraph (A) to a + subordinate acquisition command within the Space Force. + ``(C) Responsibility during interim period.--During the + period preceding the date specified in subparagraph (B), the + Chief of Space Operations shall be responsible for the + procurement of commercial satellite communications services for + the Department of Defense.''. +SEC. 1606. NATIONAL SECURITY SPACE LAUNCH PROGRAM. + (a) Launch Services Agreement.-- + (1) Limitation on amounts.--Except as provided by paragraph + (2), in carrying out the phase two acquisition strategy, the + Secretary of the Air Force may not obligate or expend a total + amount for a launch services agreement that is greater than the + amount specifically appropriated for the launch services agreement. + (2) Use of reprogramming and transfer authority.--The Secretary + may exceed the limitation under paragraph (1) if the Secretary + carries out a reprogramming or transfer for such purpose in + accordance with established procedures for reprogrammings or + transfers, including with respect to presenting a request for a + reprogramming of funds. (b) Reusability.-- - (1) Certification.--Not later than 18 months after the date - on which the Secretary determines the down-selected National - Security Space Launch providers, the Secretary shall certify to - the appropriate congressional committees that the Secretary has - completed all non-recurring design validation of previously - flown launch hardware for National Security Space Launch - providers offering such hardware for use in phase two contracts - or in future national security space missions. - (2) Report.--Not later than 180 days after the date on - which the Secretary determines the down-selected National - Security Space Launch providers, the Secretary shall submit to - the appropriate congressional committees a report on the - progress of the Secretary with respect to completing all non- - recurring design validation of previously flown launch hardware - described in paragraph (1), including-- - (A) a justification for any deviation from the new - entrant certification guide; and - (B) a description of such progress with respect to - National Security Space Launch providers that are not - down-selected National Security Space Launch providers, - if applicable. - (c) Funding for Certification, Infrastructure, and Technology -Development.-- - (1) Authority.--Pursuant to section 2371b of title 10, - United States Code, not later than September 30, 2021, the - Secretary of the Air Force shall enter into three agreements - described in paragraph (3) with National Security Space Launch - providers-- - (A) to maintain competition in order to maximize - the likelihood of at least three National Security - Space Launch providers competing for phase three - contracts; and - (B) to support innovation for national security - launches under phase three contracts. - (2) Competitive procedures.--The Secretary shall carry out - paragraph (1) by conducting a full and open competition among - all National Security Space Launch providers that may submit - bids for a phase three contract. - (3) Agreements.--An agreement described in this paragraph - is an agreement that provides a National Security Space Launch - provider with not more than $150,000,000 for the provider to - conduct either or both of the following activities: - (A) Meet the certification and infrastructure - requirements that are-- - (i) unique to national security space - missions; and - (ii) necessary for a phase three contract. - (B) Develop transformational technologies in - support of the national security space launch - capability for phase three contracts (such as - technologies regarding launch, maneuver, and transport - capabilities for enhanced resiliency and security - technologies, as identified in the National Security - Launch Architecture study of the Space and Missile - Systems Center of the Space Force). - (4) Report.--Not later than 30 days after the date on which - the Secretary enters into an agreement under paragraph (1), the - Secretary shall submit to the appropriate congressional - committees a report explaining how the Secretary determined the - certification and infrastructure requirements and the - transformational technologies covered under paragraph (3). - (d) Briefing.--Not later than December 31, 2020, the Secretary -shall provide to the congressional defense committees a briefing on the -progress made by the Secretary in ensuring that full and open -competition exists for phase three contracts, including-- - (1) a description of progress made to establish the - requirements for phase three contracts, including such - requirements that the Secretary determines cannot be met by the - commercial market; - (2) whether the Secretary determines that additional - development funding will be necessary for such phase; - (3) a description of the estimated costs for the - development described in subparagraphs (A) and (B) of - subsection (c)(3); and - (4) how the Secretary will-- - (A) ensure full and open competition for technology - development for phase three contracts; and - (B) maintain competition. + (1) Validation.--Not later than 18 months after the date on + which the Secretary determines the down-selected National Security + Space Launch providers, the Secretary shall-- + (A) complete all non-recurring design validation of + previously flown launch hardware for National Security Space + Launch providers offering such hardware for use in phase two + contracts; and + (B) notify the appropriate congressional committees that + such design validation has been completed. + (2) Report.--Not later than 210 days after the date on which + the Secretary determines the down-selected National Security Space + Launch providers, the Secretary shall submit to the appropriate + congressional committees a report on the progress of the Secretary + with respect to completing all non-recurring design validation of + previously flown launch hardware described in paragraph (1), + including-- + (A) a justification for any deviation from the new entrant + certification guide; and + (B) a description of such progress with respect to National + Security Space Launch providers that are not down-selected + National Security Space Launch providers, if applicable. + (c) Funding and Strategy for Technology Development for +Certification, Infrastructure, and Innovation.-- + (1) Authority.--Pursuant to section 2371b of title 10, United + States Code, not later than September 30, 2021, the Secretary of + the Air Force shall enter into agreements described in paragraph + (3) with potential phase three National Security Space Launch + providers-- + (A) to maintain competition in order to maximize the + likelihood of at least three National Security Space Launch + providers competing for phase three contracts; and + (B) to support innovation for national security launches, + including innovative technologies and systems to further + advance launch capability associated with the insertion of + national security payloads into relevant classes of orbits. + (2) Competitive procedures.--The Secretary shall carry out + paragraph (1) by conducting a full and open competition among all + National Security Space Launch providers that plan to submit bids + for a phase three contract. + (3) Agreements.--An agreement described in this paragraph is an + agreement that could provide value or technical advances to phase + three of the National Security Space Launch program and that + includes not more than $90,000,000 in fiscal year 2021, subject to + the availability of appropriations for such purpose, for the + provider to conduct either or both of the following activities: + (A) Develop enabling technologies to meet the certification + and infrastructure requirements that are-- + (i) unique to national security space missions; and + (ii) support the likely requirements of a phase three + contract. + (B) Develop transformational technologies in support of the + national security space launch capability for phase three + contracts (such as technologies regarding launch, maneuver, and + transport capabilities for enhanced resiliency and security + technologies, technologies to support progress toward phase + three national security space launches, or technologies to + inform the National Security Launch Architecture study of the + Space Force). + (4) Technology development investment strategy.--Not later than + March 15, 2021, the Secretary shall submit to the appropriate + congressional committees a strategy to support investments in + technologies for phase three pursuant to paragraph (1) that + includes-- + (A) the funding requirements for such strategy during + fiscal years 2022 through 2026; + (B) a schedule for investments toward phase three; + (C) associated milestones; and + (D) a planned schedule for awarding phase three contracts. + (5) Report.--Not later than 30 days after the date on which the + Secretary enters into an agreement under paragraph (1), the + Secretary shall submit to the appropriate congressional committees + a report explaining which enabling technologies are funded under + such agreement. + (d) Briefing.--Not later than March 15, 2021, and quarterly +thereafter through September 30, 2023, the Secretary shall provide to +the congressional defense committees a briefing on the progress made by +the Secretary in ensuring that full and open competition exists for +phase three contracts, including-- + (1) a description of progress made to establish the + requirements for phase three contracts, including such requirements + that the Secretary determines cannot be met by the commercial + market; + (2) whether the Secretary determines that additional + development funding will be necessary for such phase; + (3) a description of the estimated costs for the development + described in subparagraphs (A) and (B) of subsection (c)(3); and + (4) how the Secretary will-- + (A) ensure full and open competition for technology + development for phase three contracts; and + (B) maintain competition. (e) Rule of Construction.--Nothing in this section may be construed to delay the award of phase two contracts. (f) Definitions.--In this section: - (1) The term ``appropriate congressional committees'' - means-- - (A) the congressional defense committees; and - (B) the Permanent Select Committee on Intelligence - of the House of Representatives and the Select - Committee on Intelligence of the Senate. - (2) The term ``down-selected National Security Launch - provider'' means a National Security Space Launch provider that - the Secretary of the Air Force selected to be awarded phase two - contracts. - (3) The term ``phase three contract'' means a contract - awarded using competitive procedures for launch services under - the National Security Space Launch program after fiscal year - 2024. - (4) The term ``phase two acquisition strategy'' means the - process by which the Secretary of the Air Force enters into - phase two contracts during fiscal year 2020, orders launch - missions during fiscal years 2020 through 2024, and carries out - such launches under the National Security Space Launch program. - (5) The term ``phase two contract'' means a contract - awarded during fiscal year 2020 using competitive procedures - for launch missions ordered under the National Security Space - Launch program during fiscal years 2020 through 2024. - -SEC. 1602. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM NATIONAL - TECHNOLOGY AND INDUSTRIAL BASE. - - Section 2534(a) of title 10, United States Code, is amended by -adding at the end the following new paragraph: - ``(7) Star tracker.--A star tracker used in a satellite - weighing more than 400 pounds whose principle purpose is to - support the national security, defense, or intelligence needs - of the United States Government.''. - -SEC. 1603. COMMERCIAL SPACE DOMAIN AWARENESS CAPABILITIES. - + (1) The term ``appropriate congressional committees'' means-- + (A) the congressional defense committees; and + (B) the Permanent Select Committee on Intelligence of the + House of Representatives and the Select Committee on + Intelligence of the Senate. + (2) The term ``down-selected National Security Space Launch + provider'' means a National Security Space Launch provider that the + Secretary of the Air Force selected to be awarded phase two + contracts. + (3) The term ``phase three contract'' means a contract awarded + using competitive procedures for launch services under the National + Security Space Launch program after fiscal year 2024. + (4) The term ``phase two acquisition strategy'' means the + process by which the Secretary of the Air Force enters into phase + two contracts during fiscal year 2020, orders launch missions + during fiscal years 2020 through 2024, and carries out such + launches under the National Security Space Launch program. + (5) The term ``phase two contract'' means a contract awarded + during fiscal year 2020 using competitive procedures for launch + missions ordered under the National Security Space Launch program + during fiscal years 2020 through 2024. +SEC. 1607. COMMERCIAL SPACE DOMAIN AWARENESS CAPABILITIES. (a) Procurement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall procure commercial space domain awareness services by awarding at least two contracts for such services. (b) Limitation.--Of the funds authorized to be appropriated by this -Act or otherwise made available for fiscal year 2021 for the enterprise -space battle management command and control, not more than 75 percent -may be obligated or expended until the date on which the Secretary of -Defense, without delegation, certifies to the congressional committees -that the Secretary of the Air Force has awarded the contracts under -subsection (a). +Act or otherwise made available for fiscal year 2021 for the Office of +the Secretary of the Air Force, not more than 75 percent may be +obligated or expended until the date on which the Secretary of Defense, +without delegation, certifies to the congressional committees that the +Secretary of the Air Force has awarded the contracts under subsection +(a). (c) Report.--Not later than January 31, 2021, the Chief of Space Operations, in coordination with the Secretary of the Air Force, shall submit to the congressional defense committees a report detailing the commercial space domain awareness services, data, and analytics of -objects in low-earth orbit that have been purchased during the two-year +objects in low-Earth orbit that have been purchased during the two-year period preceding the date of the report. The report shall be submitted in unclassified form. (d) Commercial Space Domain Awareness Services Defined.--In this section, the term ``commercial space domain awareness services'' means space domain awareness data, processing software, and analytics derived from best-in-breed commercial capabilities to address warfighter -requirements in low-earth orbit and fill gaps in current space domain +requirements in low-Earth orbit and fill gaps in current space domain capabilities of the Space Force, including commercial capabilities to-- - (1) provide conjunction and maneuver alerts; - (2) monitor breakup and launch events; and - (3) detect and track objects smaller than 10 centimeters in - size. - -SEC. 1604. RESPONSIVE SATELLITE INFRASTRUCTURE. - - (a) In General.--The Secretary of Defense shall establish a -domestic responsive satellite manufacturing capability for Department -of Defense space operations to be used-- - (1) for the development of components, systems, structures, - and payloads necessary to reconstitute a national security - space asset that has been destroyed, failed, or otherwise - determined to be incapable of performing mission requirements; - and - (2) to rapidly acquire and field necessary space-based - capabilities needed to maintain continuity of national security - space missions and limit capability disruption to the - warfighter. - (b) Plan for Responsive Satellite Infrastructure.--The Secretary of -Defense, in consultation with the Secretary of the Air Force, the Chief -of Space Operations, and the Commander of United States Space Command, -shall develop an operational plan and acquisition strategy for -responsive satellite infrastructure to swiftly identify need, develop -capability, and launch a responsive satellite to fill a critical -capability gap in the event of destruction or failure of a space asset -or otherwise determined need. - (c) Matters Included.--The plan outlined under subsection (b) shall -include the following: - (1) A process for determining whether the reconstitution of - a space asset is necessary. - (2) The timeframe in which a developed satellite is - determined to be ``responsive''. - (3) A plan to leverage domestic commercial entities in the - ``new space'' supply chain that have already demonstrated rapid - satellite product development and delivery capability to meet - new ``mission responsiveness'' requirements being passed down - by Department of Defense prime satellite contractors in-- - (A) power systems and solar arrays; - (B) payloads and integration features; and - (C) buses and structures. - (4) An assessment of acquisition requirements and standards - necessary for commercial entities to meet Department of Defense - validation of supply chains, processes, and technologies while - operating under rapid development cycles needed to maintain a - responsive timeframe as determined by paragraph (2). - (5) Such other matters as the Secretary considers - appropriate. - (d) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to -Congress a report detailing the plan under subsection (b). - -SEC. 1605. POLICY TO ENSURE LAUNCH OF SMALL-CLASS PAYLOADS. - + (1) provide conjunction and maneuver alerts; + (2) monitor breakup and launch events; and + (3) detect and track objects smaller than 10 centimeters in + size. +SEC. 1608. POLICY TO ENSURE LAUNCH OF SMALL-CLASS PAYLOADS. (a) In General.--The Secretary of Defense shall establish a small launch and satellite policy to ensure responsive and reliable access to space through the processing and launch of Department of Defense small- class payloads. (b) Policy.--The policy under subsection (a) shall include, at a minimum, providing resources and policy guidance to sustain-- - (1) the availability of small-class payload launch service - providers using launch vehicles capable of delivering into - space small payloads designated by the Secretary of Defense as - a national security payload; - (2) a robust small-class payload space launch - infrastructure and industrial base; - (3) the availability of rapid, responsive, and reliable - space launches for national security space programs to-- - (A) improve the responsiveness and flexibility of a - national security space system; - (B) lower the costs of launching a national - security space system; and - (C) maintain risks of mission success at acceptable - levels; - (4) a minimum number of dedicated launches each year; and - (5) full and open competition including small launch - providers and rideshare opportunities. - (c) Acquisition Strategy.--The Secretary shall develop and carry -out a 5-year phased acquisition strategy, including near and long term, -for the small launch and satellite policy under subsection (a). - (d) Elements.--The acquisition strategy under subsection (c) -shall-- - (1) provide the necessary-- - (A) stability in budgeting and acquisition of - capabilities; - (B) flexibility to the Federal Government; and - (C) procedures for fair competition; and - (2) specifically take into account, as appropriate per - competition, the effect of-- - (A) contracts or agreements for launch services or - launch capability entered into by the Department of - Defense with small-class payload space launch - providers; - (B) the requirements of the Department of Defense, - including with respect to launch capabilities and - pricing data, that are met by such providers; - (C) the cost of integrating a satellite onto a - launch vehicle; - (D) launch performance history (at least three - successful launches of the same launch vehicle design) - and maturity; - (E) ability of a launch provider to provide the - option of dedicated and rideshare launch capabilities; - and - (F) any other matters the Secretary considers - appropriate. - (e) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary shall submit to the congressional -defense committees a report describing a plan for the policy under -subsection (a), including with respect to the cost of launches and an -assessment of mission risk. - -SEC. 1606. TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS. - + (1) the availability of small-class payload launch service + providers using launch vehicles capable of delivering into space + small payloads designated by the Secretary of Defense as a national + security payload; + (2) a robust small-class payload space launch infrastructure + and industrial base, including small launch systems and small + satellite rideshare opportunities; + (3) the availability of rapid, responsive, and reliable space + launches for national security space programs to-- + (A) improve the responsiveness and flexibility of a + national security space system; + (B) lower the costs of launching a national security space + system; and + (C) maintain risks to mission success at acceptable levels; + (4) a minimum number of dedicated launches each year; and + (5) full and open competition, including small launch providers + and rideshare opportunities. +SEC. 1609. TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS. The Secretary of the Air Force shall implement a tactically responsive space launch program-- - (1) to provide long-term continuity for tactically - responsive space launch operations across the future-years - defense program submitted to Congress under section 221 of - title 10, United States Code; - (2) to accelerate the development of-- - (A) responsive launch concepts of operations; - (B) tactics; - (C) training; and - (D) procedures; - (3) to develop appropriate processes for tactically - responsive space launch, including-- - (A) mission assurance processes; and - (B) command and control, tracking, telemetry, and - communications; and - (4) to identify basing capabilities necessary to enable - tactically responsive space launch, including mobile launch - range infrastructure. - -SEC. 1607. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE PROGRAM - FOR MULTI-GLOBAL NAVIGATION SATELLITE SYSTEM RECEIVER - DEVELOPMENT. - + (1) to provide long-term continuity for tactically responsive + space launch operations across the future-years defense program + submitted to Congress under section 221 of title 10, United States + Code; + (2) to accelerate the development of-- + (A) responsive launch concepts of operations; + (B) tactics; + (C) training; and + (D) procedures; + (3) to develop appropriate processes for tactically responsive + space launch, including-- + (A) mission assurance processes; and + (B) command and control, tracking, telemetry, and + communications; and + (4) to identify basing capabilities necessary to enable + tactically responsive space launch, including mobile launch range + infrastructure. +SEC. 1610. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE PROGRAM +FOR MULTI-GLOBAL NAVIGATION SATELLITE SYSTEM RECEIVER DEVELOPMENT. Of the funds authorized to be appropriated by this Act or otherwise -made available for fiscal year 2021 for increment 2 of the acquisition -of military Global Positioning System user equipment terminals, not -more than 80 percent may be obligated or expended until the date on -which the Secretary of Defense-- - (1) certifies to the congressional defense committees that - the Secretary of the Air Force is carrying out the program - required under section 1607 of the National Defense - Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 - Stat. 1724); and - (2) provides to the Committees on Armed Services of the - House of Representatives and the Senate a briefing on how the - Secretary is implementing such program, including with respect - to addressing each element specified in subsection (b) of such - section. - -SEC. 1608. LIMITATION ON AWARDING CONTRACTS TO ENTITIES OPERATING - COMMERCIAL TERRESTRIAL COMMUNICATION NETWORKS THAT CAUSE - INTERFERENCE WITH THE GLOBAL POSITIONING SYSTEM. - - The Secretary of Defense may not enter into a contract, or extend -or renew a contract, with an entity that engages in commercial -terrestrial operations using the 1525-1559 megahertz band or the -1626.5-1660.5 megahertz band unless the Secretary has certified to the -congressional defense committees that such operations do not cause -harmful interference to a Global Positioning System device of the -Department of Defense. - -SEC. 1609. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES - RELATING TO THE GLOBAL POSITIONING SYSTEM. - - (a) Findings.--Congress finds the following: - (1) On April 19, 2020, the Federal Communications - Commission issued an order and authorization granting Ligado - Networks LLC the authority to operate a nationwide terrestrial - communications network using the 1526-1536 megahertz band, the - 1627.5-1637.5 megahertz band, or the 1646.5-1656.5 megahertz - band. - (2) In an attempt to address interference to the Global - Positioning System operating near those bands, Ligado Networks - LLC has committed to assuming the costs mitigating any - interference caused by their network. - (3) In the approval order, the Federal Communications - Commission directed that ``Ligado takes all necessary - mitigation measures to prevent or remediate any potential - harmful interference to U.S. Government devices, including - devices used by the military, that are identified both pre- and - post-deployment of Ligado's network.''. - (4) In a letter to the Committee on Armed Services of the - House of Representatives dated May 21, 2020, Ligado Networks - LLC reaffirmed the commitment to bear the costs to the - Department of Defense, stating that the ``FCC directed Ligado - to provide protections to GPS devices using its spectrum by - imposing stringent coordination, cooperation, and replacement - obligations on Ligado, so that Ligado bears the burden'' and - ``Make no mistake: the obligation is ours, and the burden falls - solely on our company.''. - (b) Prohibition.--Except as provided by subsection (c), none of the -funds authorized to be appropriated by this Act or otherwise made -available for fiscal year 2021 or any subsequent fiscal year for the -Department of Defense may be obligated or expended to retrofit any -Global Positioning System device or system, or network that uses the -Global Positioning System, in order to mitigate interference from -commercial terrestrial operations using the 1526-1536 megahertz band, -the 1627.5-1637.5 megahertz band, or the 1646.5-1656.5 megahertz band. - (c) Actions Not Prohibited.--The prohibition in subsection (a) -shall not apply to any action taken by the Secretary of Defense -relating to-- - (1) conducting technical or information exchanges with the - entity that operates the commercial terrestrial operations in - the megahertz bands specified in such subsection; - (2) seeking compensation for interference from such entity; - or - (3) Global Positioning System receiver upgrades needed to - address other resiliency requirements. - -SEC. 1610. REPORT ON RESILIENT PROTECTED COMMUNICATIONS SATELLITES. - - (a) Findings.--Congress finds the following: - (1) The national command, control, and communications - system of the Department of Defense is essential to the - national security of the United States. - (2) The Department of Defense requires the space segments - of such system to be resilient and survivable to address - advanced threats from Russia and China. - (3) The next-generation overhead persistent infrared - missile warning satellites are being upgraded with enhanced - resiliency features to make them much less vulnerable to attack - and will begin launch in 2025. - (4) Because missile warning satellites rely on protected - communications satellites to relay warnings and response - orders, the next-generation overhead persistent infrared - missile warning satellites will require protected - communications satellites with enhanced resiliency features, - however, the current plan of the Space Force is to provide - those capabilities with the evolved strategic satellite - communications program that will not be available until 2032 or - later. - (5) As a result, the Chief of Space Operations should - implement an accelerated plan to achieve more resilient - protected communications satellites without delay. - (b) Report.--Not later than 60 days after the date of the enactment -of this Act, the Chief of Space Operations shall submit to the -congressional defense committees a report on how the Space Force will -address the need for resilient protected communications satellites -during the years 2025 through 2032. - -SEC. 1610A. PERMANENT PERSONNEL MANAGEMENT AUTHORITY FOR SPACE - DEVELOPMENT AGENCY FOR EXPERTS IN SCIENCE AND - ENGINEERING. - - (a) Program Authorized for Space Development Agency.--Section -1599h(a) of title 10, United States Code, is amended by adding at the -end the following new paragraph: - ``(7) SDA.--The Director of the Space Development Agency - may carry out a program of personnel management authority - provided in subsection (b) in order to facilitate recruitment - of eminent experts in science or engineering for research and - development projects and to enhance the administration and - management of the Agency.''. - (b) Personnel Management Authority.--Section 1599h(b)(1) of such -title is amended-- - (1) by striking ``and'' at the end of subparagraph (E); - (2) by inserting ``and'' after the semicolon at the end of - subparagraph (F); and - (3) by adding at the end the following new subparagraph: - ``(G) in the case of the Space Development Agency, - appoint individuals to a total of not more than 10 - positions in the Agency, of which not more than 5 such - positions may be positions of administration or - management of the Agency;''. - -SEC. 1610B. REPORT ON EFFECT OF COVID-19 ON SPACE INDUSTRIAL BASE AND - SPACE PROGRAMS OF DEPARTMENT OF DEFENSE. - - Not later than 120 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to the congressional defense -committees a report on the current and projected effects of COVID-19 on -the space industrial base and the space programs of Department of -Defense. The report shall include an assessment of each of the -following: - (1) COVID-19 related and associated impacts to cost, - timeline, and performance to the space industrial base and the - space programs of Department, including with respect to-- - (A) procurement and acquisition; - (B) research, development, test, and evaluation; - (C) partnerships with non-Federal governmental - entities, such as universities and not-for-profit - organizations; and - (D) labor force disruptions; - (2) Regional and sector-specific disruptions and concerns. - (3) Current mitigation strategies by both the Federal - Government and industry. - (4) Any supplemental disaster appropriations requirements - to mitigate impacts to such programs. - (5) Recommendations to address risks and threats to the - Federal Government and industry relating to such impacts. - -SEC. 1610C. SATELLITE GROUND NETWORK FREQUENCY LICENSING. - - (a) Report on Department of Defense Satellite Antenna Frequency -Licensing Processes.-- - (1) Reporting requirement.--Not later than 180 days after - the date of the enactment of this Act, the Secretary of - Defense, in consultation with the Secretary of the Air Force - and the Chief of Space Operations, shall submit to the - Committees on Armed Services of the House of Representatives - and the Senate, and to any other appropriate congressional - committee upon request, a report on the Department's processes - and procedures for identifying and securing frequency licenses - for national security space ground assets. - (2) Matters included.--The report provided under paragraph - (1) shall address the following: - (A) An assessment of current processes, procedures, - requirements, timelines, and entities necessary to - coordinate and secure frequency licensing for - Department of Defense space ground antenna and assets. - (B) A plan to address and streamline procedures - regarding the ingestion and licensing of commercial - industry antenna in support of the augmentation of - existing network capacity. - (C) A review of FOUO classification requirements - for information and specifications related to the items - addressed within this report. - (D) Such other matters as the Secretary considers - appropriate. - (b) Designation of Antenna Specifications.--Not later than 1 year -after the date of enactment of this Act, the Secretary of the Air -Force, in coordination with the Chief of Space Operations (CSO), shall -identify and re-designate controlled unclassified information regarding -details and technical antenna specifications, necessary to complete -National Telecommunications and Information Administration (NTIA), -Federal Communication Commission (FCC), and Friendly Nation frequency -licensing processes, so that such information may be shared in regards -to the guidelines of ``Distribution Statement A'' as defined by DoDI -5230.24. +made available for fiscal year 2021 for the Office of the Secretary of +the Air Force, not more than 80 percent may be obligated or expended +until the date on which the Secretary of Defense-- + (1) certifies to the congressional defense committees that the + Secretary of the Air Force is carrying out the program required + under section 1607 of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1724); and + (2) provides to the Committees on Armed Services of the House + of Representatives and the Senate a briefing on how the Secretary + is implementing such program, including with respect to addressing + each element specified in subsection (b) of such section. +SEC. 1611. RESILIENT AND SURVIVABLE POSITIONING, NAVIGATION, AND TIMING +CAPABILITIES. + (a) In General.--Not later than two years after the date of the +enactment of this Act, consistent with the timescale applicable to +joint urgent operational needs statements, the Secretary of Defense +shall-- + (1) prioritize and rank order the mission elements, platforms, + and weapons systems most critical for the operational plans of the + combatant commands; + (2) mature, test, and produce for such prioritized mission + elements sufficient equipment-- + (A) to generate resilient and survivable alternative + positioning, navigation, and timing signals; and + (B) to process resilient survivable data provided by + signals of opportunity and on-board sensor systems; and + (3) integrate and deploy such equipment into the prioritized + operational systems, platforms, and weapons systems. + (b) Plan.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary shall submit to the + congressional defense committees a plan to commence carrying out + subsection (a) in fiscal year 2021. + (2) Reprogramming and budget proposals.--The plan submitted + under paragraph (1) may include any reprogramming or supplemental + budget request the Secretary considers necessary to carry out + subsection (a). + (c) Coordination.--In carrying out this section, the Secretary +shall consult with the National Security Council, the Secretary of +Homeland Security, the Secretary of Transportation, and the head of any +other relevant Federal department or agency to enable civilian and +commercial adoption of technologies and capabilities for resilient and +survivable alternative positioning, navigation, and timing capabilities +to complement the global positioning system. +SEC. 1612. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING. + (a) In General.--In acquiring geospatial intelligence, the +Secretary of Defense and the Director of National Intelligence, in +coordination with the Director of the National Reconnaissance Office +and the Director of the National Geospatial-Intelligence Agency, shall +leverage, to the extent practicable, the capabilities of the industry +of the United States, including through the use of domestic commercial +geospatial-intelligence services and acquisition of domestic commercial +satellite imagery. + (b) Obtaining Future Geospatial-intelligence Data.--The Director of +the National Reconnaissance Office, as part of an analysis of +alternatives for the future acquisition of space systems, and the +Director of the National Geospatial-Intelligence Agency, as part of an +analysis of alternatives for the future acquisition of analysis tools +for geospatial intelligence, shall each-- + (1) consider whether there is a cost-effective domestic + commercial capability or service available that can meet any or all + of the geospatial-intelligence requirements of the Department of + Defense, the intelligence community, or both; + (2) if a cost-effective domestic commercial capability or + service is available as described in paragraph (1)-- + (A) give preference to using such domestic commercial + capability or service to meet requirements; and + (B) determine-- + (i) whether it is in the national interest to develop a + governmental space system or service for geospatial + intelligence; + (ii) whether such a governmental space system or + service would be duplicative to such a domestic commercial + capability or service; and + (iii) the costs for developing such a governmental + space system or service; and + (3) include, as part of the established acquisition reporting + requirements to the appropriate congressional committees, any + determination made under paragraphs (1) and (2). + (c) Definitions.--In this section: + (1) The term ``acquisition of commercial satellite imagery'' + means the acquisition of satellite imagery derived from electro- + optical, infrared, synthetic aperture radar, hyperspectral, and + radio frequency, data. + (2) The term ``appropriate congressional committees'' means-- + (A) the congressional defense committees; + (B) the Select Committee on Intelligence of the Senate; and + (C) the Permanent Select Committee on Intelligence of the + House of Representatives. + (3) The term ``commercial geospatial-intelligence services'' + means services including analytic tools, products, or data that can + describe, assess, and visually depict natural or manmade features, + objects, or activities that can be geographically referenced on the + Earth, regardless of collection phenomenology. + (4) 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). +SEC. 1613. STRATEGY TO STRENGTHEN CIVIL AND NATIONAL SECURITY +CAPABILITIES AND OPERATIONS IN SPACE. + (a) Strategy Required.--Not later than 270 days after the date of +the enactment of this Act, the President, in consultation with the +National Space Council, shall develop a strategy to ensure that the +United States, as appropriate, strengthens civil and national security +capabilities and operations in space. Such strategy shall include-- + (1) a 10-year roadmap for the civil space and programs that is + able to leverage commercial gains in space capabilities; + (2) increasing partnerships with allies of the United States; + (3) ensuring a robust and secure supply chain and manufacturing + processes for space capabilities while sustaining a skilled + workforce and leadership capabilities in support of such + activities; + (4) ensuring freedom of navigation of space from potential + adversaries; and + (5) enhancing resilience of civil and national security space + operations. + (b) Submission of Strategy and Plan.--Not later than one year after +the date of the enactment of this Act, the Chair of the National Space +Council, in consultation with relevant departments and agencies of the +Federal Government, shall submit to the appropriate congressional +committees a report setting forth-- + (1) the strategy under subsection (a); and + (2) a plan to implement such strategy. (c) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means the following: - (1) The congressional defense committees. - (2) The Permanent Select Committee on Intelligence of the - House of Representatives and the Select Committee on - Intelligence of the Senate. +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services of the House of + Representatives; + (2) the Committee on Science, Space, and Technology of the + House of Representatives; + (3) the Committee on Foreign Affairs of the House of + Representatives; + (4) the Committee on Energy and Commerce of the House of + Representatives; + (5) the Permanent Select Committee on Intelligence of the House + of Representatives; + (6) the Committee on Armed Services of the Senate; + (7) the Committee on Foreign Relations of the Senate; + (8) the Committee on Commerce, Science, and Transportation of + the Senate; and + (9) the Select Committee on Intelligence of the Senate. +SEC. 1614. REPORT AND STRATEGY ON SPACE COMPETITION WITH CHINA. + (a) Report.-- + (1) In general.--Not later than 18 months after the date of the + enactment of this Act, the National Space Council shall submit to + the appropriate congressional committees an interagency assessment + of the ability of the United States to compete with the space + programs of China. + (2) Elements.--The report under paragraph (1) shall include the + following: + (A) A comparative assessment between the United States and + China on-- + (i) human exploration and spaceflight capabilities; + (ii) the viability and potential environmental impacts + of extraction of space-based precious minerals, onsite + exploitation of space-based natural resources, and the use + of space-based solar power; + (iii) the strategic interest in and capabilities for + cislunar space; and + (iv) current and future space launch capabilities. + (B) The extent of foreign investment in the commercial + space sector of the United States, including venture capital + and other private equity investments that seek to work with the + Federal Government, and a description of due diligence reviews + of such investments conducted by the Federal Government to + mitigate threats by China. + (C) An assessment of the ability, role, costs, and + authorities of the Department of Defense to mitigate the + threats of commercial communications and navigation in space + from the growing counterspace capabilities of China. + (D) An assessment of how the activities of China are + impacting the national security of the United States with + respect to space, including-- + (i) theft of United States intellectual property; and + (ii) efforts by China to seize control of critical + elements of the United States space industry supply chain + and United States space industry companies. + (E) An assessment of efforts by China to pursue cooperative + agreements with other nations to advance space development. + (F) Recommendations to Congress, including recommendations + with respect to any legislative proposals to address threats by + China to the United States national space programs and the + domestic commercial launch and satellite industries. + (3) Form.--The report required under paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (b) Strategy.-- + (1) In general.--Not later than one year after the date on + which the National Space Council submits the report under + subsection (a), the President, in consultation with the National + Space Council, shall develop and submit to the appropriate + congressional committees a strategy to ensure the United States + can-- + (A) compete with other national space programs; + (B) maintain leadership in the emerging commercial space + economy; + (C) identify market, regulatory, and other means to address + unfair competition from China based on the findings of the + report under subsection (a); + (D) leverage commercial space capabilities to ensure the + national security of the United States and the security of the + interests of the United States in space; + (E) protect the supply chains and manufacturing of the + United States critical to competitiveness in space; and + (F) coordinate with international allies and partners in + space. + (2) Form.--The strategy required under paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on Foreign + Relations, and the Committee on Commerce, Science, and + Transportation of the Senate; and + (2) the Committee on Armed Services, the Committee on Foreign + Affairs, and the Committee on Science, Space, and Technology of the + House of Representatives. Subtitle B--Defense Intelligence and Intelligence-Related Activities -SEC. 1611. VALIDATION OF CAPABILITY REQUIREMENTS OF NATIONAL - GEOSPATIAL-INTELLIGENCE AGENCY. - - Section 442 of title 10, United States Code, is amended by adding -at the end the following new subsection: +SEC. 1621. SAFETY OF NAVIGATION MISSION OF THE NATIONAL GEOSPATIAL- +INTELLIGENCE AGENCY. + (a) Mission of National Geospatial-Intelligence Agency.--Section +442 of title 10, United States Code, is amended-- + (1) in subsection (b)-- + (A) by striking ``means of navigating vessels of the Navy + and the merchant marine'' and inserting ``the means for safe + navigation''; and + (B) by striking ``and inexpensive nautical charts'' and all + that follows and inserting ``geospatial information for use by + the departments and agencies of the United States, the merchant + marine, and navigators generally.''; + (2) in subsection (c)-- + (A) by striking ``shall prepare and'' and inserting ``shall + acquire, prepare, and''; + (B) by striking ``charts'' and inserting ``safe-for- + navigation charts and datasets''; and + (C) by striking ``geodetic'' and inserting ``geomatics''; + and + (3) by adding at the end the following new subsection: ``(f) Validation.--The National Geospatial-Intelligence Agency shall assist the Joint Chiefs of Staff, combatant commands, and the military departments in establishing, coordinating, consolidating, and -validating mapping, charting, geodetic data, and safety of navigation +validating mapping, charting, geomatics data, and safety of navigation capability requirements through a formal process governed by the Joint Staff. Consistent with validated requirements, the National Geospatial- Intelligence Agency shall provide aeronautical and nautical charts that -are safe for navigation, maps, books, datasets, models, and geodetic +are safe for navigation, maps, books, datasets, models, and geomatics products.''. - -SEC. 1612. SAFETY OF NAVIGATION MISSION OF THE NATIONAL GEOSPATIAL- - INTELLIGENCE AGENCY. - - (a) Mission of National Geospatial-Intelligence Agency.--Section -442 of title 10, United States Code, as amended by section 1611, is -further amended-- - (1) in subsection (b)-- - (A) by striking ``means of navigating vessels of - the Navy and the merchant marine'' and inserting ``the - means for safe navigation''; and - (B) by striking ``and inexpensive nautical charts'' - and all that follows and inserting ``geospatial - information for use by the departments and agencies of - the United States, the merchant marine, and navigators - generally.''; and - (2) in subsection (c)-- - (A) by striking ``shall prepare and'' and inserting - ``shall acquire, prepare, and''; - (B) by striking ``charts'' and inserting ``safe- - for-navigation charts and datasets''; and - (C) by striking ``geodetic'' and inserting - ``geomatics''. (b) Maps, Charts, and Books.-- - (1) In general.--Section 451 of title 10, United States - Code, is amended-- - (A) in the heading, by striking ``and books'' and - inserting ``books, and datasets''; - (B) in paragraph (1), by striking ``maps, charts, - and nautical books'' and inserting ``nautical and - aeronautical charts, topographic and geomatics maps, - books, models, and datasets''; and - (C) by amending paragraph (2) to read as follows: - ``(2) acquire (by purchase, lease, license, or barter) all - necessary rights, including copyrights and other intellectual - property rights, required to prepare, publish, and furnish to - navigators the products described in paragraph (1).''. - (2) Table of sections amendment.--The table of sections at - the beginning of subchapter II of chapter 22 of title 10, - United States Code, is amended by striking the item relating to - section 451 and inserting the following new item: + (1) In general.--Section 451 of title 10, United States Code, + is amended-- + (A) in the heading, by striking ``and books'' and inserting + ``books, and datasets''; + (B) in paragraph (1), by striking ``maps, charts, and + nautical books'' and inserting ``nautical and aeronautical + charts, topographic and geomatics maps, books, models, and + datasets''; and + (C) by amending paragraph (2) to read as follows: + ``(2) acquire (by purchase, lease, license, or barter) all + necessary rights, including copyrights and other intellectual + property rights, required to prepare, publish, and furnish to + navigators the products described in paragraph (1).''. + (2) Clerical amendment.--The table of sections at the beginning + of subchapter II of chapter 22 of title 10, United States Code, is + amended by striking the item relating to section 451 and inserting + the following new item: ``451. Maps, charts, books, and datasets.''. - (c) Civil Actions Barred.--Section 456 of title 10, United States + + (c) Exchange.-- + (1) In general.--Section 454 of title 10, United States Code, + is amended-- + (A) in the heading, by striking ``geodetic'' and inserting + ``geomatics''; and + (B) by striking ``geodetic'' and inserting ``geomatics'' + each place it appears. + (2) Clerical amendment.--The table of sections at the beginning + of subchapter II of chapter 22 of title 10, United States Code, is + amended by striking the item relating to section 454 and inserting + the following new item: + +``454. Exchange of mapping, charting, and geomatics data with foreign + countries, international organizations, nongovernmental + organizations, and academic institutions.''. + + (d) Public Availability.-- + (1) In general.--Section 455 of title 10, United States Code, + is amended-- + (A) in the heading, by striking ``geodetic'' and inserting + ``geomatics''; and + (B) by striking ``geodetic'' and inserting ``geomatics'' + each place it appears. + (2) Clerical amendment.--The table of sections at the beginning + of subchapter II of chapter 22 of title 10, United States Code, is + amended by striking the item relating to section 455 and inserting + the following new item: + +``455. Maps, charts, and geomatics data: public availability; + exceptions.''. + + (e) Civil Actions Barred.--Section 456 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following: ``No civil action may be brought against the United States on the basis of the content of geospatial information prepared or disseminated by the National Geospatial-Intelligence Agency.''. - (d) Definitions.--Section 467 of title 10, United States Code, is + (f) Definitions.--Section 467 of title 10, United States Code, is amended-- - (1) in paragraph (4)-- - (A) in the matter preceding subparagraph (A), by - inserting ``or about'' after ``boundaries on''; - (B) in subparagraph (A), by striking - ``statistical''; and - (C) in subparagraph (B)-- - (i) by striking ``geodetic'' and inserting - ``geomatics''; and - (ii) by inserting ``and services'' after - ``products''; and - (2) in paragraph (5), by inserting ``or about'' after - ``activities on''. - -SEC. 1613. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE. - - (a) In General.--The Under Secretary of Defense for Intelligence -and Security, in coordination with the Director of National -Intelligence, shall enter into a joint agreement with the Academies to + (1) in paragraph (4)-- + (A) in the matter preceding subparagraph (A), by inserting + ``or about'' after ``boundaries on''; + (B) in subparagraph (A), by striking ``statistical''; and + (C) in subparagraph (B)-- + (i) by striking ``geodetic'' and inserting + ``geomatics''; and + (ii) by inserting ``and services'' after ``products''; + and + (2) in paragraph (5), by inserting ``or about'' after + ``activities on''. + (g) Conforming Amendments.-- + (1) In general.--The heading of subchapter II of chapter 22 of + title 10, United States Code, is amended by striking ``GEODETIC'' + and inserting ``GEOMATICS''. + (2) Clerical amendment.--The table of subchapters at the + beginning of chapter 22 of title 10, United States Code, is amended + in the matter relating to subchapter II by striking ``Geodetic'' + and inserting ``Geomatics''. +SEC. 1622. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE. + (a) In General.--The Director of National Intelligence, in +coordination with the Under Secretary of Defense for Intelligence and +Security, shall enter into a joint agreement with the Academies to create a new ``National Academies Climate Security Roundtable'' (in this section referred to as the ``roundtable''). (b) Participants.--The roundtable shall include-- - (1) the members of the Climate Security Advisory Council - established under section 120 of the National Security Act of - 1947 (50 U.S.C. 3060); - (2) senior representatives and practitioners from Federal - science agencies, elements of the intelligence community, and - the Department of Defense, who are not members of the Council; - and - (3) key stakeholders in the United States scientific - enterprise, including institutions of higher education, Federal - research laboratories (including the national security - laboratories), industry, and nonprofit research organizations. + (1) the members of the Climate Security Advisory Council + established under section 120 of the National Security Act of 1947 + (50 U.S.C. 3060); + (2) senior representatives and practitioners from Federal + science agencies, elements of the intelligence community, and the + Department of Defense, who are not members of the Council; and + (3) key stakeholders in the United States scientific + enterprise, including institutions of higher education, Federal + research laboratories (including the national security + laboratories), industry, and nonprofit research organizations. (c) Purpose.--The purpose of the roundtable is-- - (1) to support the duties and responsibilities of the - Climate Security Advisory Council under section 120(c) of the - National Security Act of 1947 (50 U.S.C. 3060(c)); - (2) to develop best practices for the exchange of data, - knowledge, and expertise among elements of the intelligence - community, elements of the Federal Government that are not - elements of the intelligence community, and non-Federal - researchers; - (3) to facilitate dialogue and collaboration about relevant - collection and analytic priorities among participants of the - roundtable with respect to climate security; - (4) to identify relevant gaps in the exchange of data, - knowledge, or expertise among participants of the roundtable - with respect to climate security, and consider viable solutions - to address such gaps; and - (5) to provide any other assistance, resources, or - capabilities that the Director of National Intelligence or the - Under Secretary determines necessary with respect to the - Council carrying out the duties and responsibilities of the - Council under such section 120(c). + (1) to support the duties and responsibilities of the Climate + Security Advisory Council under section 120(c) of the National + Security Act of 1947 (50 U.S.C. 3060(c)); + (2) to develop best practices for the exchange of data, + knowledge, and expertise among elements of the intelligence + community, elements of the Federal Government that are not elements + of the intelligence community, and non-Federal researchers; + (3) to facilitate dialogue and collaboration about relevant + collection and analytic priorities among participants of the + roundtable with respect to climate security; + (4) to identify relevant gaps in the exchange of data, + knowledge, or expertise among participants of the roundtable with + respect to climate security, and consider viable solutions to + address such gaps; and + (5) to provide any other assistance, resources, or capabilities + that the Director of National Intelligence or the Under Secretary + determines necessary with respect to the Council carrying out the + duties and responsibilities of the Council under such section + 120(c). (d) Meetings.--The roundtable shall meet at least quarterly, in coordination with the meetings of the Climate Security Advisory Council under section 120(c)(1) of the National Security Act of 1947 (50 U.S.C. 3060(c)(1)). (e) Reports and Briefings.--The joint agreement under subsection (a) shall specify that-- - (1) the roundtable shall organize workshops, on at least a - biannual basis, that include both participants of the - roundtable and persons who are not participants, and may be - conducted in classified or unclassified form in accordance with - subsection (f); - (2) on a regular basis, the roundtable shall produce - classified and unclassified reports on the topics described in - subsection (c) and the activities of the roundtable, and other - documents in support of the duties and responsibilities of the - Climate Security Advisory Council under section 120(c) of the - National Security Act of 1947 (50 U.S.C. 3060(c)); - (3) the Academies shall provide recommendations by - consensus to the Council on both the topics described in - subsection (c) and specific topics as identified by - participants of the roundtable; - (4) not later than March 1, 2021, and annually thereafter - during the life of the roundtable, the Academies shall provide - a briefing to the appropriate congressional committees on the - progress and activities of the roundtable; and - (5) not later than September 30, 2025, the Academies shall - submit a final report to the appropriate congressional - committees on the activities of the roundtable. + (1) the roundtable shall organize workshops, on at least a + biannual basis, that include both participants of the roundtable + and persons who are not participants, and may be conducted in + classified or unclassified form in accordance with subsection (f); + (2) on a regular basis, the roundtable shall produce classified + and unclassified reports on the topics described in subsection (c) + and the activities of the roundtable, and other documents in + support of the duties and responsibilities of the Climate Security + Advisory Council under section 120(c) of the National Security Act + of 1947 (50 U.S.C. 3060(c)); + (3) the Academies shall provide recommendations by consensus to + the Council on both the topics described in subsection (c) and + specific topics as identified by participants of the roundtable; + (4) not later than March 1, 2021, and annually thereafter + during the life of the roundtable, the Academies shall provide a + briefing to the appropriate congressional committees on the + progress and activities of the roundtable; and + (5) not later than September 30, 2025, the Academies shall + submit a final report to the appropriate congressional committees + on the activities of the roundtable. (f) Security Clearances.--Each participant of the roundtable shall have a security clearance at the appropriate level to carry out the duties of the participant under this section. A person who is not a @@ -36836,428 +36746,3308 @@ unclassified level. (g) Termination.--The roundtable shall terminate on September 30, 2025. (h) Definitions.--In this section: - (1) The term ``Academies'' means the National Academies of - Sciences, Engineering, and Medicine. - (2) The term ``appropriate congressional committees'' - means-- - (A) the Committee on Science, Space, and - Technology, the Committee on Armed Services, the - Committee on Foreign Affairs, and the Permanent Select - Committee on Intelligence of the House of - Representatives; and - (B) the Committee on Commerce, Science, and - Transportation, the Committee on Armed Services, the - Committee on Foreign Relations, and the Select - Committee on Intelligence of the Senate. - (3) The term ``Federal science agency'' means any agency or - department of the Federal Government with at least $100,000,000 - in basic and applied research obligations in fiscal year 2019. - (4) The term ``intelligence community'' has the meaning - given that term in section 3 of the National Security Act of - 1947 (50 U.S.C. 3003). - (5) The term ``national security laboratory'' has the - meaning given the term in section 4002 of the Atomic Energy - Defense Act (50 U.S.C. 2501). - -SEC. 1614. REPORT ON RISK TO NATIONAL SECURITY POSED BY QUANTUM - COMPUTING TECHNOLOGIES. + (1) The term ``Academies'' means the National Academies of + Sciences, Engineering, and Medicine. + (2) The term ``appropriate congressional committees'' means-- + (A) the Committee on Science, Space, and Technology, the + Committee on Armed Services, the Committee on Foreign Affairs, + and the Permanent Select Committee on Intelligence of the House + of Representatives; and + (B) the Committee on Commerce, Science, and Transportation, + the Committee on Armed Services, the Committee on Foreign + Relations, and the Select Committee on Intelligence of the + Senate. + (3) The term ``Federal science agency'' means any agency or + department of the Federal Government with at least $100,000,000 in + basic and applied research obligations in fiscal year 2019. + (4) The term ``intelligence community'' has the meaning given + that term in section 3 of the National Security Act of 1947 (50 + U.S.C. 3003). + (5) The term ``national security laboratory'' has the meaning + given the term in section 4002 of the Atomic Energy Defense Act (50 + U.S.C. 2501). +SEC. 1623. EFFICIENT USE OF SENSITIVE COMPARTMENTED INFORMATION +FACILITIES. + Not later than 180 days after the date of the enactment of this +Act, the Director of National Intelligence, in consultation with the +Secretary of Defense, shall issue revised guidance authorizing and +directing departments and agencies of the Federal Government and +appropriately cleared contractors of such departments and agencies to +process, store, use, and discuss sensitive compartmented information at +facilities previously approved to handle such information, without need +for further approval by the department or agency or by the site. Such +guidance shall apply to controlled access programs of the intelligence +community and to special access programs of the Department of Defense. + + Subtitle C--Nuclear Forces + +SEC. 1631. SEMIANNUAL UPDATES ON MEETINGS HELD BY NUCLEAR WEAPONS +COUNCIL; LIMITATION ON AVAILABILITY OF FUNDS RELATING TO SUCH UPDATES. + (a) Semiannual Updates.--Section 179(g) of title 10, United States +Code, is amended to read as follows: + ``(g) Semiannual Updates on Council Meetings.--(1) Not later than +February 1 and August 1 of each year, the Council shall provide to the +congressional defense committees a semiannual update including, with +respect to the six-month period preceding the update-- + ``(A) the dates on which the Council met; and + ``(B) except as provided by paragraph (2), a summary of any + decisions made by the Council pursuant to subsection (d) at each + such meeting and the rationale for and options that informed such + decisions. + ``(2) The Council shall not be required to include in a semiannual +update under paragraph (1) the matters described in subparagraph (B) of +that paragraph with respect to decisions of the Council relating to the +budget of the President for a fiscal year if the budget for that fiscal +year has not been submitted to Congress under section 1105 of title 31 +as of the date of the semiannual update. + ``(3) The Council may provide a semiannual update under paragraph +(1) either in the form of a briefing or a written report.''. + (b) Limitation on Use of Funds for Failure to Provide Semiannual +Updates in 2021.-- + (1) First semiannual update.--If, by February 1, 2021, the + Council has not provided the semiannual update under subsection (g) + of section 179 of title 10, United States Code, as amended by + subsection (a), required by that date, not more than 50 percent of + the funds authorized to be appropriated for fiscal year 2021 for + the Office of the Under Secretary of Defense for Acquisition and + Sustainment for the purposes of operating the Office of the + Assistant Secretary of Defense for Nuclear, Chemical, and + Biological Defense Programs may be obligated or expended until the + date on which such semiannual update has been provided. + (2) Second semiannual update.--If, by August 1, 2021, the + Council has not provided the semiannual update described in + paragraph (1) required by that date, not more than 90 percent of + the funds authorized to be appropriated for fiscal year 2021 for + the Office of the Under Secretary of Defense for Acquisition and + Sustainment for the purposes of operating the Office of the + Assistant Secretary of Defense for Nuclear, Chemical, and + Biological Defense Programs may be obligated or expended until the + date on which such semiannual update has been provided. +SEC. 1632. ROLE OF NUCLEAR WEAPONS COUNCIL WITH RESPECT TO PERFORMANCE +REQUIREMENTS AND BUDGET FOR NUCLEAR WEAPONS PROGRAMS. + (a) Modification to Responsibilities of Nuclear Weapons Council.-- +Section 179(d) of title 10, United States Code, is amended-- + (1) by redesignating paragraphs (9) through (11) as paragraphs + (10) through (12), respectively; and + (2) by inserting after paragraph (8) the following new + paragraph (9): + ``(9) Reviewing proposed capabilities, and establishing and + validating performance requirements (as defined in section 181(h) + of this title), for nuclear warhead programs.''. + (b) Review of Adequacy of Nuclear Weapons Budget.-- + (1) In general.--Subtitle A of title XVII of the Atomic Energy + Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the + end the following new section: +``SEC. 4717. REVIEW OF ADEQUACY OF NUCLEAR WEAPONS BUDGET. + ``(a) Review of Adequacy of Administration Budget by Nuclear +Weapons Council.-- + ``(1) Transmission to council.--The Secretary of Energy shall + transmit to the Nuclear Weapons Council (in this section referred + to as the `Council') a copy of the proposed budget request of the + Administration for each fiscal year before that budget request is + submitted to the Director of the Office of Management and Budget in + relation to the preparation of the budget of the President to be + submitted to Congress under section 1105(a) of title 31, United + States Code. + ``(2) Review and determination of adequacy.-- + ``(A) Review.--The Council shall review each budget request + transmitted to the Council under paragraph (1). + ``(B) Determination of adequacy.-- + ``(i) Inadequate requests.--If the Council determines + that a budget request for a fiscal year transmitted to the + Council under paragraph (1) is inadequate, in whole or in + part, to implement the objectives of the Department of + Defense with respect to nuclear weapons for that fiscal + year, the Council shall submit to the Secretary of Energy a + written description of funding levels and specific + initiatives that would, in the determination of the + Council, make the budget request adequate to implement + those objectives. + ``(ii) Adequate requests.--If the Council determines + that a budget request for a fiscal year transmitted to the + Council under paragraph (1) is adequate to implement the + objectives described in clause (i) for that fiscal year, + the Council shall submit to the Secretary of Energy a + written statement confirming the adequacy of the request. + ``(iii) Records.--The Council shall maintain a record + of each description submitted under clause (i) and each + statement submitted under clause (ii). + ``(3) Department of energy response.-- + ``(A) In general.--If the Council submits to the Secretary + of Energy a written description under paragraph (2)(B)(i) with + respect to the budget request of the Administration for a + fiscal year, the Secretary shall include as an appendix to the + budget request submitted to the Director of the Office of + Management and Budget-- + ``(i) the funding levels and initiatives identified in + the description under paragraph (2)(B)(i); and + ``(ii) any additional comments the Secretary considers + appropriate. + ``(B) Transmission to congress.--The Secretary of Energy + shall transmit to Congress, with the budget justification + materials submitted in support of the Department of Energy + budget for a fiscal year (as submitted with the budget of the + President under section 1105(a) of title 31, United States + Code), a copy of the appendix described in subparagraph (A). + ``(b) Review and Certification of Department of Energy Budget by +Nuclear Weapons Council.-- + ``(1) In general.--At the time the Secretary of Energy submits + the budget request of the Department of Energy for that fiscal year + to the Director of the Office of Management and Budget in relation + to the preparation of the budget of the President, the Secretary + shall transmit a copy of the budget request of the Department to + the Council. + ``(2) Certification.--The Council shall-- + ``(A) review the budget request transmitted to the Council + under paragraph (1); + ``(B) based on the review under subparagraph (A), make a + determination with respect to whether the budget request + includes the funding levels and initiatives described in + subsection (a)(2)(B)(i); and + ``(C) submit to Congress-- + ``(i)(I) a certification that the budget request is + adequate to implement the objectives described in + subsection (a)(2)(B)(i); or + ``(II) a statement that the budget request is not + adequate to implement those objectives; and + ``(ii) a copy of the written description submitted by + the Council to the Secretary under subsection (a)(2)(B)(i), + if any.''. + (2) Clerical amendment.--The table of contents for the Atomic + Energy Defense Act is amended by inserting after the item relating + to section 4716 the following new item: + +``Sec. 4717. Review of adequacy of nuclear weapons budget.''. +SEC. 1633. MODIFICATION OF GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF +ANNUAL REPORTS ON NUCLEAR WEAPONS ENTERPRISE. + Section 492a(c) of title 10, United States Code, is amended-- + (1) in paragraph (1), by striking ``review each report'' and + inserting ``periodically review reports submitted''; and + (2) in paragraph (2), by striking ``not later'' and all that + follows through ``submitted,''. +SEC. 1634. INDEPENDENT STUDY ON NUCLEAR WEAPONS PROGRAMS OF CERTAIN +FOREIGN COUNTRIES. + (a) Study.--Not later than March 1, 2021, the Secretary of Defense +shall seek to enter into a contract with a federally funded research +and development center to conduct a study on the nuclear weapons +programs of covered foreign countries. + (b) Matters Included.--The study under subsection (a) shall compile +open-source data to conduct an analysis of the following for each +covered foreign country: + (1) The activities, budgets, and policy documents, regarding + the nuclear weapons program. + (2) The known research and development activities with respect + to nuclear weapons. + (3) The inventories of nuclear weapons and delivery vehicles + with respect to both deployed and nondeployed weapons. + (4) The capabilities of such nuclear weapons and delivery + vehicles. + (5) The physical sites used for nuclear processing, testing, + and weapons integration. + (6) The human capital of the scientific and technical workforce + involved in nuclear programs, including with respect to matters + relating to the education, knowledge, and technical capabilities of + that workforce. + (7) The known deployment areas for nuclear weapons. + (8) Information with respect to the nuclear command and control + system. + (9) The factors and motivations driving the nuclear weapons + program and the nuclear command and control system. + (10) Any other information that the federally funded research + and development center determines appropriate. + (c) Submission to DOD.--The federally funded research and +development center shall submit to the Secretary-- + (1) not later than March 1, 2022, the study under subsection + (a); and + (2) not later than March 1, 2023, and March 1, 2024, any + updates to the study. + (d) Submission to Congress.--Not later than 30 days after the date +on which the Secretary receives under subsection (c) the study under +subsection (a) or an update to the study, the Secretary shall submit to +the appropriate congressional committees the study or update, without +change. + (e) Public Release.--The federally funded research and development +center shall maintain an internet website on which the center-- + (1) publishes the study under subsection (a) by not later than + 30 days after the date on which the Secretary receives the study + under subsection (c); and + (2) provides on an ongoing basis commentaries, analyses, + updates, and other information regarding the nuclear weapons + programs of covered foreign countries. + (f) Form.--The study under subsection (a) shall be submitted in +unclassified form. + (g) Modification to Report on Nuclear Forces of the United States +and Near-Peer Countries.--Section 1676 of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1778) is amended-- + (1) in subsection (a), by striking ``Not later than February + 15, 2020, the Secretary of Defense, in coordination with the + Director of National Intelligence, shall'' and inserting ``Not + later than February 15, 2020, and each year thereafter through + 2023, the Secretary of Defense and the Director of National + Intelligence shall jointly''; and + (2) in subsection (b), by adding at the end the following new + paragraph: + ``(4) With respect to the current and planned nuclear systems + specified in paragraphs (1) through (3), the factors and + motivations driving the development and deployment of the + systems.''. + (h) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional defense committees; + (B) the Committee on Foreign Affairs and the Permanent + Select Committee on Intelligence of the House of + Representatives; and + (C) the Committee on Foreign Relations and the Select + Committee on Intelligence of the Senate. + (2) Covered foreign country.--The term ``covered foreign + country'' means each of the following: + (A) North Korea. + (B) The People's Republic of China. + (C) The Russian Federation. + (D) To the extent applicable, Iran. + (3) Open-source data.--The term ``open-source data'' includes + data derived from, found in, or related to any of the following: + (A) Geospatial information. + (B) Seismic sensors. + (C) Commercial data. + (D) Public government information. + (E) Academic journals and conference proceedings. + (F) Media reports. + (G) Social media. +SEC. 1635. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC +MISSILES OF THE UNITED STATES. + (a) Prohibition.--Except as provided in subsection (b), none of the +funds authorized to be appropriated by this Act for fiscal year 2021 +for the Department of Defense may be obligated or expended for the +following, and the Department may not otherwise take any action to do +the following: + (1) Reduce, or prepare to reduce, the responsiveness or alert + level of the intercontinental ballistic missiles of the United + States. + (2) Reduce, or prepare to reduce, the quantity of deployed + intercontinental ballistic missiles of the United States to a + number less than 400. + (b) Exception.--The prohibition in subsection (a) shall not apply +to any of the following activities: + (1) The maintenance or sustainment of intercontinental + ballistic missiles. + (2) Ensuring the safety, security, or reliability of + intercontinental ballistic missiles. + + Subtitle D--Missile Defense Programs + +SEC. 1641. ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN THE +DEPARTMENT OF DEFENSE. + (a) Repeal of Requirement for Reporting Structure of Missile +Defense Agency.--Section 205 of title 10, United States Code, is +amended to read as follows: +``Sec. 205. Missile Defense Agency + ``The Director of the Missile Defense Agency shall be appointed for +a six-year term.''. + (b) Report on Alignment.--Not later than February 28, 2021, the +Secretary of Defense shall submit to the congressional defense +committees a report on the alignment of the Missile Defense Agency +within the Department of Defense. The report shall include-- + (1) a description of the risks and benefits of both-- + (A) continuing the alignment of the Agency under the + authority, direction, and control of the Under Secretary of + Defense for Research and Engineering; and + (B) realigning the Agency to be under the authority, + direction, and control of the Under Secretary of Defense for + Acquisition and Sustainment; and + (2) if the Agency were to be realigned, the actions that would + need to be taken to realign the Agency to be under the authority, + direction, and control of the Under Secretary of Defense for + Acquisition and Sustainment or another element of the Department of + Defense. + (c) Notice and Wait Requirement to Modify Certain DoDI.--The +Secretary of Defense may not modify Department of Defense Directive +5134.09, as in effect on the date of the enactment of this Act, +unless-- + (1) the Secretary submits to the congressional defense + committees a final draft of the proposed modified directive, both + in an electronic format and in a hard copy format; + (2) the Secretary provides to such committees a briefing to + describe the modifications made in the proposed modified directive; + and + (3) a period of 60 days has elapsed following the date on which + the Secretary has carried out both paragraphs (1) and (2). + (d) Comptroller General Report.--Not later than 180 days after the +date of the enactment of this Act, the Comptroller General of the +United States shall submit to the congressional defense committees a +report containing an assessment of whether the Secretary of Defense is +in compliance with section 1688 of the National Defense Authorization +Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1787). Such +assessment shall include an evaluation of-- + (1) whether the Secretary has complied with the timelines + required by subsection (b) of such section and whether the + Secretary has carried out the consultation described in paragraph + (1)(A) of such subsection; and + (2) how the changes proposed by the Secretary to the non- + standard acquisition processes and responsibilities described in + paragraph (2) of such subsection will improve or impact the + development of weapon systems and timelines for the delivery of + capabilities to members of the Armed Forces. +SEC. 1642. EXTENSION OF PROHIBITION RELATING TO MISSILE DEFENSE +INFORMATION AND SYSTEMS. + Section 130h(e) of title 10, United States Code, is amended by +striking ``January 1, 2021'' and inserting ``January 1, 2026''. +SEC. 1643. EXTENSION OF TRANSITION OF BALLISTIC MISSILE DEFENSE +PROGRAMS TO MILITARY DEPARTMENTS. + Section 1676(b)(1) of the National Defense Authorization Act for +Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended by +striking ``2021'' and inserting ``2023''. +SEC. 1644. EXTENSION OF REQUIREMENT FOR COMPTROLLER GENERAL REVIEW AND +ASSESSMENT OF MISSILE DEFENSE ACQUISITION PROGRAMS. + Section 232(a) of the National Defense Authorization Act for Fiscal +Year 2012 (Public Law 112-81; 125 Stat. 1339), as amended by section +1688 of the National Defense Authorization Act for Fiscal Year 2016 +(Public Law 114-92; 129 Stat. 1144), is amended-- + (1) in paragraph (1), by striking ``through 2020'' and + inserting ``through 2025''; + (2) in paragraph (2)-- + (A) by striking ``through 2021'' and inserting ``through + 2026''; and + (B) by striking ``year. Each'' and all that follows through + ``appropriate.'' and inserting the following: ``year, which + shall include such findings and recommendations as the + Comptroller General considers appropriate.''; and + (3) by adding at the end the following new paragraph: + ``(3) Review of emerging issues.--In carrying out this + subsection, as the Comptroller General determines is warranted, the + Comptroller General shall review emerging issues and, in + consultation with the congressional defense committees, brief such + committees or submit to such committees a report on the findings of + the Comptroller General with respect to such review.''. +SEC. 1645. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING +SPACE SENSOR PAYLOAD. + (a) Development.--The Director of the Missile Defense Agency, in +coordination with the Director of the Space Development Agency and the +Chief of Space Operations, shall develop and procure a hypersonic and +ballistic missile tracking space sensor payload. + (b) Primary Responsibility.-- + (1) Assignment.--Not later than 15 days after the date of the + enactment of this Act, the Secretary of Defense shall, without + delegation-- + (A) assign the Director of the Missile Defense Agency with + the principal responsibility for the development and + procurement of a hypersonic and ballistic tracking space sensor + payload pursuant to subsection (a) as a component of a + proliferated low-Earth orbit satellite constellation through, + at minimum, fiscal year 2022; and + (B) submit to the congressional defense committees a + certification of such assignment. + (2) Plan for integration.--Not later than May 1, 2021, the + Secretary shall submit to the congressional defense committees a + plan for integrating the hypersonic and ballistic tracking space + sensor payload developed by the Missile Defense Agency pursuant to + subsection (a) into the persistent space-based sensor architecture + of the Space Development Agency and the Space Force. The plan shall + include, at a minimum, options for-- + (A) minimizing disruption to the program for such space + sensor payload; + (B) ensuring sufficient funding for such an integration; + (C) maintaining prioritization of unique ballistic and + hypersonic defense requirements for such space sensor payload + through the transition; + (D) ensuring connection of such space sensor payload into + the overall missile defense command and control, battle + management, and communications system; and + (E) addressing any impacts to the development and + deployment of such space sensor payload if responsibility for + the proliferated low-Earth orbit satellite constellation + specified in paragraph (1)(A) is transitioned from the Space + Development Agency to the Space Force prior to the + constellation achieving full operational capability. + (c) Timeline for Testing, Integration, and Deployment.--The +Director, in coordination with the Director of the Space Development +Agency and the Chief of Space Operations, shall-- + (1) begin on-orbit testing of the hypersonic and ballistic + tracking space sensor payload developed pursuant to subsection (a) + no later than December 31, 2023; and + (2) begin integration of such sensor payload into the + persistent space-based sensor architecture of the Space Development + Agency and the Space Force pursuant to the plan developed under + subsection (b)(2), and shall achieve full operational deployment of + such sensor payload, as soon as technically feasible thereafter. + (d) Annual Certifications.--On an annual basis until the date on +which the hypersonic and ballistic tracking space sensor payload +developed under subsection (a) achieves full operational capability-- + (1) the Under Secretary of Defense (Comptroller) and the + Director of Cost Assessment and Program Evaluation shall jointly + certify to the appropriate congressional committees that the most + recent future-years defense program submitted under section 221 of + title 10, United States Code, includes estimated expenditures and + proposed appropriations in amounts necessary to ensure the + development and deployment of such space sensor payload as a + component of the persistent space-based sensor architecture of the + Space Development Agency and the Space Force; and + (2) the Vice Chairman of the Joint Chiefs of Staff, acting + through the Joint Requirements Oversight Council, shall certify to + the appropriate congressional committees that both the ballistic + and hypersonic tracking requirements of, and the timeline to + deploy, such space sensor payload have been validated. + (e) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2021 for operation and +maintenance, Defense-wide, for the Office of Secretary of Defense for +travel of persons assigned to the Office of the Under Secretary of +Defense for Research and Engineering, not more than 50 percent may be +obligated or expended until-- + (1) the Secretary of Defense submits the certification under + subsection (b)(1)(B); + (2) the Under Secretary of Defense (Comptroller) and the + Director of Cost Assessment and Program Evaluation jointly submit + the first certification under subsection (d)(1); and + (3) the Vice Chairman submits the first certification under + subsection (d)(2). + (f) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; and + (2) the Select Committee on Intelligence of the Senate and the + Permanent Select Committee on Intelligence of the House of + Representatives. + (g) Conforming Repeal.--Section 1683 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. +2431 note) is amended by striking subsection (d). +SEC. 1646. GROUND-BASED MIDCOURSE DEFENSE INTERIM CAPABILITY. + (a) Interim Ground-based Interceptor.-- + (1) Development.--Subject to the availability of + appropriations, not later than 30 days after the date of the + enactment of this Act, the Secretary of Defense, acting through the + Director of the Missile Defense Agency and in coordination with the + Under Secretary of Defense for Acquisition and Sustainment, the + Under Secretary of Defense for Research and Engineering, the + Commander of the United States Northern Command, and the Commander + of the United States Strategic Command, shall commence carrying out + a program to develop an interim ground-based interceptor capability + that will-- + (A) use sound acquisition practices; + (B) address the majority of current and near- to mid-term + projected ballistic missile threats to the United States + homeland from rogue nations; + (C) at minimum, meet the proposed capabilities of the + Redesigned Kill Vehicle program; + (D) leverage existing kill vehicle and booster technology; + and + (E) appropriately balance interceptor performance with + schedule of delivery. + (2) Capabilities and criteria.--The Director shall ensure that + the interim ground-based interceptor developed under paragraph (1) + meets, at a minimum, the following capabilities and criteria: + (A) Vehicle-to-vehicle communications, as applicable. + (B) Vehicle-to-ground communications. + (C) Kill assessment capability. + (D) The ability to counter advanced countermeasures, + decoys, and penetration aids. + (E) Producibility and manufacturability. + (F) Use of technology involving high technology readiness + levels. + (G) Options to integrate the new kill vehicle onto other + missile defense interceptor vehicles other than the ground- + based interceptors of the ground-based midcourse defense + system. + (H) Sound acquisition processes. + (3) Deployment.--The Secretary of Defense, acting through the + Director of the Missile Defense Agency and in coordination with the + Under Secretary of Defense for Acquisition and Sustainment, the + Under Secretary of Defense for Research and Engineering, the + Commander of the United States Northern Command, and the Commander + of the United States Strategic Command, shall-- + (A) conduct rigorous flight testing of the interim ground- + based interceptor; and + (B) deliver 20 interim ground-based interceptors by 2026. + (b) Waiver.-- + (1) Authority.--The Secretary of Defense may waive the + requirements under paragraphs (1) and (3) of subsection (a) if the + Secretary-- + (A) determines that-- + (i) the technology development is not technically + feasible; + (ii) the interim capability development is not in the + national security interest of the United States; or + (iii) the interim ground-based interceptor program + under subsection (a)(1) cannot deliver an initial + operational capability at least two years prior to the + fielding of the next-generation interceptor for the ground- + based midcourse defense system; and + (B) submits to the congressional defense committees a + certification that such a waiver is necessary based on the + determination under subparagraph (A), including-- + (i) an explanation of the rationale of such + determination; + (ii) an estimate of the ballistic missile threats to + the United States homeland from rogue nations that will not + be defended against until the fielding of the next- + generation interceptor for the ground-based midcourse + defense system; and + (iii) an updated schedule for the development and + deployment of such next-generation interceptor. + (2) Delegation.--The Secretary may not delegate the authority + to carry out paragraph (1) below the level of an Under Secretary of + Defense. + (c) Report on Funding Profile.--Unless the Secretary makes a waiver +under subsection (b), the Director shall include with the budget +justification materials submitted to Congress in support of the budget +of the Department of Defense for fiscal year 2022 (as submitted with +the budget of the President under section 1105(a) of title 31, United +States Code) a report on the funding profile necessary for the interim +ground-based interceptor program to meet the objectives under +subsection (a). +SEC. 1647. NEXT GENERATION INTERCEPTORS. + (a) Notification of Changed Requirements.--During the acquisition +and development process of the next generation interceptor program, not +later than seven days after the date on which any changes are made to +the requirements for such program that are established in the +equivalent to capability development documentation, the Director of the +Missile Defense Agency shall notify the congressional defense +committees of such changes. + (b) Briefing on Contract.--Not later than 14 days after the date on +which the Director awards a contract for design, development, or both, +of the next generation interceptor, the Director shall provide the +congressional defense committees a briefing on such contract, including +with respect to the cost, schedule, performance, and requirements of +the contract. + (c) Independent Cost Assessment and Validation.-- + (1) Assessment.--The Director of Cost Assessment and Program + Evaluation shall-- + (A) conduct an independent cost assessment of the next + generation interceptor program; and + (B) make available to the Director of the Missile Defense + Agency, the Under Secretary of Defense for Acquisition and + Sustainment, and the Under Secretary of Defense for Research + and Engineering preliminary findings of the assessment to + inform the award of a contract for the design, development, or + both, of the next generation interceptor. + (2) Validation.--The Under Secretary of Defense for Acquisition + and Sustainment shall validate the preliminary findings of the cost + assessment conducted under paragraph (1) that will be used to + inform the award of a contract for the design, development, or + both, of the next generation interceptor. + (3) Submission.--Not later than the date on which the Director + of the Missile Defense Agency awards a contract for the design, + development, or both, of the next generation interceptor, the + Secretary of Defense shall submit to the congressional defense + committees the preliminary findings of the independent cost + assessment under paragraph (1) and the validation under paragraph + (2). + (d) Flight Tests.--In addition to the requirements of section 2399 +of title 10, United States Code, the Director of the Missile Defense +Agency may not make any decision regarding the initial production, or +equivalent, of the next generation interceptor unless the Director +has-- + (1) certified to the congressional defense committees that the + Director has conducted not fewer than two successful intercept + flight tests of the next generation interceptor; and + (2) provided to such committees a briefing on the details of + such tests, including with respect to the operational realism of + such tests. +SEC. 1648. REPORT ON AND LIMITATION ON AVAILABILITY OF FUNDS FOR +LAYERED HOMELAND MISSILE DEFENSE SYSTEM. + (a) Report.-- + (1) Requirement.--Not later than March 1, 2021, the Secretary + of Defense shall submit to the congressional defense committees a + report on the proposal for a layered homeland missile defense + architecture included in the budget justification materials + submitted to Congress in support of the budget for the Department + of Defense for fiscal year 2021 (as submitted with the budget of + the President for such fiscal year under section 1105(a) of title + 31, United States Code). + (2) Elements required.--The report under paragraph (1) shall + include the following: + (A) A description of the requirements for the proposed + layered homeland missile defense architecture that are-- + (i) based on an assessment by the intelligence + community of threats to be addressed at the time of + deployment of such a system; and + (ii) validated by the Joint Requirements Oversight + Council. + (B) An assessment of how such requirements addressed by the + proposed layered homeland missile defense architecture relate + to those addressed by the existing ground-based midcourse + defense system, including deployed ground-based interceptors + and planned upgrades to such ground-based interceptors. + (C) An analysis of weapon system and interceptor solutions + to meet such requirements, including the Aegis ballistic + missile defense system, the standard missile-3 block IIA, and + the terminal high altitude area defense system, with the number + of locations required for deployment and the production numbers + of such weapon systems and interceptors. + (D) A description of any improvements needed to the missile + defense system command and control, battle management, and + communications system to support the proposed layered homeland + missile defense architecture. + (E) A description of the sensors required, with respect to + both sensors organic to the weapon systems and the sensors + needed for tracking and discrimination provided through the + command and control, battle management, and communications + system, for the proposed layered homeland missile defense + architecture, including how the cancellation, or indefinite + postponement, of the discrimination radar for homeland defense + planned to be located in Hawaii will impact the ability of such + architecture to defend against current and future missile + threats to Hawaii, with respect to both the capacity and + capability of such architecture. + (F) An assessment of the impact to the flights IIA and III + fielding and posture plans of the Navy for Arleigh Burke class + destroyers if at-sea standard missile-3 block IIA missiles are + required for the proposed layered homeland missile defense + architecture. + (G) A site-specific fielding plan that includes possible + locations, the number and type of interceptors and radars in + each location, and any associated environmental or permitting + considerations, including an assessment of the locations + evaluated pursuant to section 227(b) of the National Defense + Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 + Stat. 1679) for inclusion in the proposed layered homeland + missile defense architecture. + (H) Relevant policy considerations for deployment of such + architecture for defense against intercontinental ballistic + missiles in the continental United States. + (I) A life-cycle cost estimate and detailed development, + testing, production, and deployment schedule for options + involving a land-based standard missile-3 block IIA interceptor + system and the terminal high altitude area defense system, + including required environmental assessments. + (J) A feasibility assessment of the necessary modifications + to the terminal high altitude area defense system to address + such requirements. + (K) An assessment of the industrial base capacity to + support additional production of either a land-based standard + missile-3 block IIA interceptor system or the terminal high + altitude area defense system. + (L) An assessment of the manning, training, and sustainment + needed to operationally support the proposed layered homeland + missile defense architecture. + (3) Consultation.--In preparing the report required under + paragraph (1), the Secretary shall consult with each of the + following: + (A) The Under Secretary of Defense for Policy. + (B) The Under Secretary of Defense for Acquisition and + Sustainment. + (C) The Vice Chairman of the Joint Chiefs of Staff, as the + Chair of the Joint Requirements Oversight Council. + (D) The Commander of the United States Strategic Command. + (E) The Commander of the United States Northern Command. + (F) The Director of the Missile Defense Agency. + (G) The Director of Cost Assessment and Program Evaluation. + (b) Limitation on Use of Funds.--Of the amounts authorized to be +appropriated by this Act or otherwise made available for fiscal year +2021 for the Missile Defense Agency for a layered homeland missile +defense system, not more than 50 percent may be obligated or expended +until the Director of the Missile Defense Agency submits to the +congressional defense committees the report under subsection (a). + (c) Assessment.--Not later than February 28, 2021, the Director of +the Defense Intelligence Agency, and the head of any other element of +the intelligence community that the Secretary of Defense determines +appropriate, shall submit to the congressional defense committees an +assessment of the following: + (1) How the development and deployment of regional terminal + high altitude area defense systems and Aegis ballistic missile + defense systems to conduct longer-range missile defense missions + would be perceived by near-peer foreign countries and rogue + nations. + (2) How such near-peer foreign countries and rogue nations + would likely respond to such deployments. + (d) Intelligence Community Defined.--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). +SEC. 1649. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI +COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION. + (a) Iron Dome Short-range Rocket Defense System.-- + (1) Availability of funds.--Of the funds authorized to be + appropriated by this Act for fiscal year 2021 for procurement, + Defense-wide, and available for the Missile Defense Agency, not + more than $73,000,000 may be provided to the Government of Israel + to procure components for the Iron Dome short-range rocket defense + system through co-production of such components in the United + States by industry of the United States. + (2) Conditions.-- + (A) Agreement.--Funds described in paragraph (1) for the + Iron Dome short-range rocket defense program shall be available + subject to the terms and conditions in the Agreement Between + the Department of Defense of the United States of America and + the Ministry of Defense of the State of Israel Concerning Iron + Dome Defense System Procurement, signed on March 5, 2014, as + amended to include co-production for Tamir interceptors. + (B) Certification.--Not later than 30 days prior to the + initial obligation of funds described in paragraph (1), the + Under Secretary of Defense for Acquisition and Sustainment + shall submit to the appropriate congressional committees-- + (i) a certification that the amended bilateral + international agreement specified in subparagraph (A) is + being implemented as provided in such agreement; + (ii) an assessment detailing any risks relating to the + implementation of such agreement; and + (iii) for system improvements resulting in modified + Iron Dome components and Tamir interceptor sub-components, + a certification that the Government of Israel has + demonstrated successful completion of Production Readiness + Reviews, including the validation of production lines, the + verification of component conformance, and the verification + of performance to specification as defined in the Iron Dome + Defense System Procurement Agreement, as further amended. + (b) Israeli Cooperative Missile Defense Program, David's Sling +Weapon System Co-production.-- + (1) In general.--Subject to paragraph (3), of the funds + authorized to be appropriated for fiscal year 2021 for procurement, + Defense-wide, and available for the Missile Defense Agency not more + than $50,000,000 may be provided to the Government of Israel to + procure the David's Sling Weapon System, including for co- + production of parts and components in the United States by United + States industry. + (2) Agreement.--Provision of funds specified in paragraph (1) + shall be subject to the terms and conditions in the bilateral co- + production agreement, including-- + (A) a one-for-one cash match is made by Israel or in + another matching amount that otherwise meets best efforts (as + mutually agreed to by the United States and Israel); and + (B) co-production of parts, components, and all-up rounds + (if appropriate) in the United States by United States industry + for the David's Sling Weapon System is not less than 50 + percent. + (3) Certification and assessment.--The Under Secretary of + Defense for Acquisition and Sustainment shall submit to the + appropriate congressional committees-- + (A) a certification that the Government of Israel has + demonstrated the successful completion of the knowledge points, + technical milestones, and production readiness reviews required + by the research, development, and technology agreement and the + bilateral co-production agreement for the David's Sling Weapon + System; and + (B) an assessment detailing any risks relating to the + implementation of such agreement. + (c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier +Interceptor Program Co-production.-- + (1) In general.--Subject to paragraph (2), of the funds + authorized to be appropriated for fiscal year 2021 for procurement, + Defense-wide, and available for the Missile Defense Agency not more + than $77,000,000 may be provided to the Government of Israel for + the Arrow 3 Upper Tier Interceptor Program, including for co- + production of parts and components in the United States by United + States industry. + (2) Certification.--The Under Secretary of Defense for + Acquisition and Sustainment shall submit to the appropriate + congressional committees a certification that-- + (A) the Government of Israel has demonstrated the + successful completion of the knowledge points, technical + milestones, and production readiness reviews required by the + research, development, and technology agreement for the Arrow 3 + Upper Tier Interceptor Program; + (B) funds specified in paragraph (1) will be provided on + the basis of a one-for-one cash match made by Israel or in + another matching amount that otherwise meets best efforts (as + mutually agreed to by the United States and Israel); + (C) the United States has entered into a bilateral + international agreement with Israel that establishes, with + respect to the use of such funds-- + (i) in accordance with subparagraph (D), the terms of + co-production of parts and components on the basis of the + greatest practicable co-production of parts, components, + and all-up rounds (if appropriate) by United States + industry and minimizes nonrecurring engineering and + facilitization expenses to the costs needed for co- + production; + (ii) complete transparency on the requirement of Israel + for the number of interceptors and batteries that will be + procured, including with respect to the procurement plans, + acquisition strategy, and funding profiles of Israel; + (iii) technical milestones for co-production of parts + and components and procurement; + (iv) a joint affordability working group to consider + cost reduction initiatives; and + (v) joint approval processes for third-party sales; and + (D) the level of co-production described in subparagraph + (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not + less than 50 percent. + (d) Number.--In carrying out paragraph (2) of subsection (b) and +paragraph (2) of subsection (c), the Under Secretary may submit-- + (1) one certification covering both the David's Sling Weapon + System and the Arrow 3 Upper Tier Interceptor Program; or + (2) separate certifications for each respective system. + (e) Timing.--The Under Secretary shall submit to the congressional +defense committees the certification and assessment under subsection +(b)(3) and the certification under subsection (c)(2) no later than 30 +days before the funds specified in paragraph (1) of subsections (b) and +(c) for the respective system covered by the certification are provided +to the Government of Israel. + (f) 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. +SEC. 1650. REPORT ON DEFENSE OF GUAM FROM INTEGRATED AIR AND MISSILE +THREATS. + (a) Report.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report containing a study on the +defense of Guam from integrated air and missile threats, including such +threats from ballistic, hypersonic, and cruise missiles. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) The identification of existing deployed land- and sea-based + air and missile defense programs of record within the military + departments and Defense Agencies, including with respect to + interceptors, radars, and ground-, ship-, air,- and space-based + sensors that could be used either alone or in coordination with + other systems to counter the threats specified in subsection (a) + with an initial operational capability by 2025. + (2) A plan of how such programs would be used to counter such + threats with an initial operational capability by 2025. + (3) A plan of which programs currently in development but not + yet deployed could enhance or substitute for existing programs in + countering such threats with an initial operational capability by + 2025. + (4) An analysis of which military department, Defense Agency, + or combatant command would have operational control of the mission + to counter such threats. + (5) A cost analysis of the various options described in + paragraphs (1) and (3), including a breakdown of the cost of + weapons systems considered under the various scenarios (including + any costs to modify the systems), the cost benefits gained through + economies of scale, and the cost of any military construction + required. + (6) An analysis of the policy implications regarding deploying + additional missile defense systems on Guam, and how such + deployments could affect strategic stability, including likely + responses from both rogue nations and near-peer competitors. + (c) Consultation.--The Secretary shall carry out this section in +consultation with each of the following: + (1) The Director of the Missile Defense Agency. + (2) The Commander of the United States Indo-Pacific Command. + (3) The Commander of the United States Northern Command. + (4) The Commander of the United States Strategic Command. + (5) The Director of the Joint Integrated Air and Missile + Defense Organization. + (6) Any other official whom the Secretary of Defense determines + for purposes of this section has significant technical, policy, or + military expertise. + (d) Form.--The report submitted under subsection (a) shall be in +unclassified form, but may contain a classified annex. + (e) Briefing.--Not later than 30 days after the date on which the +Secretary submits to the congressional defense committees the report +under subsection (a), the Secretary shall provide to such committees a +briefing on the report. +SEC. 1651. REPORTS ON CRUISE MISSILE DEFENSE AND NORTH WARNING SYSTEM. + (a) Report on Cruise Missile Defense and Status of North Warning +System.-- + (1) Requirement.--Not later than 90 days after the date of the + enactment of this Act, the Commander of the United States Northern + Command, in coordination with the Secretary of the Air Force, the + Director of the Missile Defense Agency, and the Director for Force + Structure, Resources, and Assessment of the Joint Staff, shall + submit to the congressional defense committees a report on the on + cruise missile defense of the United States. + (2) Elements.--The report under paragraph (1) shall include the + following: + (A) An identification of any vulnerability of the + contiguous United States to known cruise missile threats. + (B) An assessment of the status of the North Warning + System, including-- + (i) a description and assessment of the status and + operational integrity of the infrastructure of the North + Warning System; + (ii) an assessment of the technology currently used by + the North Warning System compared with the technology + considered necessary by the Commander of the North American + Aerospace Defense Command to detect current and anticipated + threats; + (iii) an assessment of the infrastructure and ability + of the Alaska Radar System to integrate into the broader + North Warning System; and + (iv) an assessment of the ability of the North Warning + System to integrate with current and anticipated space- + based sensor platforms. + (b) Report on Plan for Mitigation and Modernization.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Commander of the United States Northern + Command, in coordination with the Secretary of the Air Force, the + Director of the Missile Defense Agency, and the Director for Force + Structure, Resources, and Assessment of the Joint Staff, shall + submit to the congressional defense committees a report setting + forth a plan for-- + (A) mitigating vulnerabilities of the contiguous United + States to known cruise missile threats; and + (B) modernizing the capabilities provided by the current + North Warning System. + (2) Elements.--The plan under paragraph (1) shall include the + following: + (A) A plan to mitigate any vulnerability of the contiguous + United States to known cruise missile threats identified in the + report under subsection (a). + (B) A detailed timeline for the modernization of the North + Warning System based on the status of the system as assessed in + the report under subsection (a). + (C) The technological advancements necessary for ground- + based North Warning System sites to address current and + anticipated threats (as specified by the Commander of the North + American Aerospace Defense Command). + (D) An assessment of the number of future North Warning + System sites required in order to address current and + anticipated threats (as so specified). + (E) Any new or complementary technologies required to + accomplish the mission of the North Warning System. + (F) The cost and schedule, by year, of the plan. + + Subtitle E--Matters Relating to Certain Commercial Terrestrial + Operations + +SEC. 1661. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES +RELATING TO THE GLOBAL POSITIONING SYSTEM. + (a) Prohibition.--Except as provided by subsection (b), none of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2021 or any subsequent fiscal year for the +Department of Defense may be obligated or expended to retrofit any +Global Positioning System device or system, or network that uses the +Global Positioning System, in order to mitigate harmful interference +from commercial terrestrial operations using the 1526-1536 megahertz +band, the 1627.5-1637.5 megahertz band, or the 1646.5-1656.5 megahertz +band. + (b) Actions Not Prohibited.--The prohibition in subsection (a) +shall not apply to any action taken by the Secretary of Defense +relating to-- + (1) conducting technical or information exchanges with the + entity that operates the commercial terrestrial operations in the + megahertz bands specified in such subsection; + (2) seeking compensation for harmful interference from such + entity; or + (3) Global Positioning System receiver upgrades needed to + address other resiliency requirements. +SEC. 1662. LIMITATION ON AWARDING CONTRACTS TO ENTITIES OPERATING +COMMERCIAL TERRESTRIAL COMMUNICATION NETWORKS THAT CAUSE HARMFUL +INTERFERENCE WITH THE GLOBAL POSITIONING SYSTEM. + The Secretary of Defense may not enter into a contract, or extend +or renew a contract, with an entity that engages in commercial +terrestrial operations using the 1525-1559 megahertz band or the +1626.5-1660.5 megahertz band unless the Secretary has certified to the +congressional defense committees that such operations do not cause +harmful interference to a Global Positioning System device of the +Department of Defense. +SEC. 1663. INDEPENDENT TECHNICAL REVIEW OF FEDERAL COMMUNICATIONS +COMMISSION ORDER 20-48. + (a) Agreement.-- + (1) In general.--The Secretary of Defense shall seek to enter + into an agreement with the National Academies of Sciences, + Engineering, and Medicine for the National Academies to perform the + services covered by this section. + (2) Timing.--The Secretary shall seek to enter into the + agreement described in paragraph (1) not later than 30 days after + the date of the enactment of this Act. + (b) Independent Technical Review.-- + (1) In general.--Under an agreement between the Secretary and + the National Academies under subsection (a), the National Academies + shall carry out an independent technical review of the Order and + Authorization adopted by the Federal Communications Commission on + April 19, 2020 (FCC 20-48), to the extent that such Order and + Authorization affects the devices, operations, or activities of the + Department of Defense. + (2) Elements.--The independent technical review carried out + under paragraph (1) shall include the following: + (A) Comparison of the two different approaches on which the + Commission relied for the Order and Authorization described in + paragraph (1) to evaluate the potential harmful interference + concerns relating to Global Positioning System devices, with a + recommendation on which method most effectively mitigates risks + of harmful interference with Global Positioning System devices + of the Department, or relating to or with the potential to + affect the operations and activities of the Department. + (B) Assessment of the potential for harmful interference to + mobile satellite services, including commercial services and + Global Positioning System services of the Department, or + relating to or with the potential to affect the operations and + activities of the Department. + (C) Review of the feasibility, practicality, and + effectiveness of the proposed mitigation measures relating to, + or with the potential to affect, the devices, operations, or + activities of the Department. + (D) Development of recommendations associated with the + findings of the National Academies in carrying out the + independent technical review. + (E) Such other matters as the National Academies determines + relevant. + (c) Report.-- + (1) In general.--Under an agreement between the Secretary and + the National Academies under subsection (a), the National + Academies, not later than 270 days after the date of the execution + of such agreement, shall submit to the Committee on Armed Services + of the Senate and the Committee on Armed Services of the House of + Representatives a report on the findings of the National Academies + with respect to the independent technical review carried out under + subsection (b) and the recommendations developed pursuant to such + review. + (2) Form.--The report submitted under paragraph (1) shall be + submitted in a publicly releasable and unclassified format, but may + include a classified annex. +SEC. 1664. ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS COMMISSION +ORDER 20-48. + (a) Limitation, Estimate, and Certification.--None of the funds +authorized to be appropriated by this Act or otherwise made available +for fiscal year 2021 may be obligated or expended by the Secretary of +Defense to comply with the Order and Authorization adopted by the +Federal Communications Commission on April 19, 2020 (FCC 20-48), until +the Secretary-- + (1) submits to the congressional defense committees an estimate + of the extent of covered costs and the range of eligible + reimbursable costs associated with harmful interference resulting + from such Order and Authorization to the Global Positioning System + of the Department of Defense; and + (2) certifies to the congressional defense committees that the + estimate submitted under paragraph (1) is accurate with a high + degree of certainty. + (b) Covered Costs.--For purposes of this section, covered costs +include costs that would be incurred-- + (1) to upgrade, repair, or replace potentially affected + receivers of the Federal Government; + (2) to modify, repair, or replace equipment, spares, associated + ancillary equipment, software, facilities, operating manuals, + training, or compliance with regulations, including with regard to + the underlying platform or system in which a capability of the + Global Positioning System is embedded; and + (3) for personnel of the Department to engineer, validate, and + verify that any required remediation provides the Department with + the same operational capability for the affected system prior to + terrestrial operation in the 1525 to 1559 megahertz or 1626.5 to + 1660.5 megahertz bands of electromagnetic spectrum. + (c) Range of Eligible Reimbursable Costs.--For purposes of this +section, the range of eligible reimbursable costs includes-- + (1) costs associated with engineering, equipment, software, + site acquisition, and construction; + (2) any transaction expense that the Secretary determines is + legitimate and prudent; + (3) costs relating to term-limited Federal civil servant and + contractor staff; and + (4) the costs of research, engineering studies, or other + expenses the Secretary determines reasonably incurred. - (a) Report.-- - (1) Requirement.--Not later than December 31, 2021, the - Secretary of Defense shall submit to the congressional defense - committees a report containing an assessment of the current and - potential threats and risks posed by quantum computing - technologies. The Secretary shall conduct the assessment in a - manner that allows the Secretary to better understand and - prepare to counter the risks of quantum computing to national - security. - (2) Matters included.--The report under paragraph (1) shall - include the following: - (A) An identification of national security systems - that are vulnerable to current and potential threats - and risks posed by quantum computing technologies. - (B) An assessment of quantum-resistant - cryptographic standards, including a timeline for the - development of such standards. - (C) An assessment of the feasibility of alternate - quantum-resistant models. - (D) A description of any funding shortfalls in - public and private efforts to develop such standards - and models. - (E) Recommendations to counter the threats and - risks posed by quantum computing technologies that - prioritize, secure, and resource the defense of - national security systems identified under subparagraph - (A). - (b) Briefings.--During the period preceding the date on which the -Secretary submits the report under subsection (a), the Secretary shall -include in the quarterly briefings under section 484 of title 10, -United States Code, an update on the assessment conducted under such -subsection. - (c) Form.--The report under subsection (a) may be submitted in -classified form. + Subtitle F--Other Matters - Subtitle C--Cyberspace-Related Matters +SEC. 1671. CONVENTIONAL PROMPT STRIKE. + (a) Integration.--Section 1697(a) of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. +1791) is amended by adding at the end the following new sentence: ``The +Secretary shall initiate efforts to integrate such technologies to DDG- +1000 class destroyers during fiscal year 2021.''. + (b) Report on Strategic Hypersonic Weapons.-- + (1) Requirement.--Not later than 120 days after the date of the + enactment of this Act, the Chairman of the Joint Chiefs of Staff, + in coordination with the Under Secretary of Defense for Policy, + shall submit to the congressional defense committees a report on + strategic hypersonic weapons. + (2) Matters included.--The report under paragraph (1) shall + include the following: + (A) A discussion of the authority and policy processes to + use hypersonic weapons and if, and how, such authorities would + be delegated to the commanders of the combatant commands or to + the Chiefs of the Armed Forces. + (B) How escalation risks will be addressed with regards to + the use of strategic hypersonic weapons, including-- + (i) whether any risk escalation exercises have been + conducted or are planned for the potential use of + hypersonic weapons; and + (ii) an analysis of the escalation risks posed by + foreign hypersonic systems that are potentially nuclear and + conventional dual-use capable weapons. + (C) The potential target sets for hypersonic weapons + envisioned as of the date of the report and the required + mission planning to support targeting by the United States + Strategic Command and other combatant commands. + (D) Identification of the process for the Department of + Defense to establish targeting and release authority for + conventional prompt strike hypersonic weapons. + (E) A description of how the requirements for land- and + sea-based hypersonic weapons will be addressed with the Joint + Requirements Oversight Council, and how such requirements will + be formally provided to the military departments procuring such + weapons through an acquisition program described under section + 804 of the National Defense Authorization Act for Fiscal Year + 2016 (10 U.S.C. 2302 note). + (F) The required force structures, including necessary + training, simulators, and range use needed by the Armed Forces, + to support employment of such weapons against the classes of + targets that will be held at risk. + (G) With respect to the force structure of the Navy-- + (i) whether such weapons should be deployed on both + submarines and surface combatants; and + (ii) the number of such vessels that need to be so + equipped. + (H) A basing strategy for land-based launch platforms and a + description of the actions needed to be taken for future + deployment of such platforms. + (3) Form.--The report under paragraph (1) shall be submitted in + unclassified form, but may include a classified annex. + (c) Annual Reports on Acquisition.-- + (1) Army and navy programs.--Except as provided by paragraph + (3), not later than 30 days after the date on which the budget of + the President for each of fiscal years 2022 through 2025 is + submitted to Congress pursuant to section 1105 of title 31, United + States Code, the Secretary of the Army and the Secretary of the + Navy shall jointly submit to the congressional defense committees a + report on the long-range hypersonic weapon program of the Army and + the conventional prompt strike program of the Navy, including-- + (A) the total costs to the respective military departments + for such programs; + (B) the strategy for such programs with respect to manning, + training, and equipping, including cost estimates; and + (C) a testing strategy and schedule for such programs. + (2) Independent cost estimate.--Not later than 90 days after + the date on which the budget of the President for fiscal year 2022 + is submitted to Congress pursuant to section 1105 of title 31, + United States Code, the Director of Cost Assessment and Program + Evaluation shall submit to the congressional defense committees an + independent cost estimate for the long-range hypersonic weapon + program of the Army and the conventional prompt strike program of + the Navy. + (3) Termination.--The requirement to submit a report under + paragraph (1) shall terminate on the date on which the Secretary of + Defense determines that the long-range hypersonic weapon program of + the Army and the conventional prompt strike program of the Navy are + unable to be acquired under the authority of section 804 of the + National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. + 2302 note). +SEC. 1672. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO REPORTS ON +MISSILE SYSTEMS AND ARMS CONTROL TREATIES. + (a) Limitation.-- + (1) In general.--Beginning on the date that is 60 days after + the date of the enactment of this Act, if the Secretary of Defense + has not submitted the covered reports, not more than 50 percent of + the funds specified in paragraph (2) may be obligated or expended + until the date on which the covered reports have been submitted. + (2) Funds specified.--The funds specified in this paragraph are + the funds authorized to be appropriated by this Act or otherwise + made available for fiscal year 2021 for the Office of the Under + Secretary of Defense for Policy. + (b) Covered Reports Defined.--In this section, the term ``covered +reports'' means-- + (1) the report under section 1698(b) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 + Stat. 1792); and + (2) the assessment under section 1236(b) of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; + 133 Stat. 1650). +SEC. 1673. SUBMISSION OF REPORTS UNDER MISSILE DEFENSE REVIEW AND +NUCLEAR POSTURE REVIEW. + Not later than 30 days after the date of the enactment of this Act, +the Secretary of Defense shall submit to the congressional defense +committees-- + (1) each report, assessment, and guidance document produced by + the Department of Defense pursuant to the Missile Defense Review + published in 2019 or during subsequent actions taken to implement + the conclusions of the Review; and + (2) each report, assessment, and guidance document produced by + the Department pursuant to the Nuclear Posture Review published in + 2018 or during subsequent actions taken to implement the + conclusions of the Review. + + TITLE XVII--CYBERSPACE-RELATED MATTERS + +Sec. 1701. Modification of mission of Cyber Command and assignment of + cyber operations forces. +Sec. 1702. Modification of scope of notification requirements for + sensitive military cyber operations. +Sec. 1703. Modification of requirements for quarterly Department of + Defense cyber operations briefings for Congress. +Sec. 1704. Clarification relating to protection from liability of + operationally critical contractors. +Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to + agencies. +Sec. 1706. Improvements relating to the quadrennial cyber posture + review. +Sec. 1707. Modification of authority to use operation and maintenance + funds for cyber operations-peculiar capability development + projects. +Sec. 1708. Personnel management authority for Commander of United States + Cyber Command and development program for offensive cyber + operations. +Sec. 1709. Applicability of reorientation of Big Data Platform program + to Department of Navy. +Sec. 1710. Report on Cyber Institutes program. +Sec. 1711. Modification of acquisition authority of Commander of United + States Cyber Command. +Sec. 1712. Modification of requirements relating to the Strategic + Cybersecurity Program and the evaluation of cyber + vulnerabilities of major weapon systems of the Department of + Defense. +Sec. 1713. Modification of position of Principal Cyber Advisor. +Sec. 1714. Cyberspace Solarium Commission. +Sec. 1715. Establishment in Department of Homeland Security of joint + cyber planning office. +Sec. 1716. Subpoena authority. +Sec. 1717. Cybersecurity State Coordinator. +Sec. 1718. Cybersecurity Advisory Committee. +Sec. 1719. Cybersecurity education and training assistance program. +Sec. 1720. Framework for cyber hunt forward operations. +Sec. 1721. Rationalization and integration of parallel cybersecurity + architectures and operations. +Sec. 1722. Assessing risk to national security of quantum computing. +Sec. 1723. Tailored cyberspace operations organizations. +Sec. 1724. Responsibility for cybersecurity and critical infrastructure + protection of the defense industrial base. +Sec. 1725. Pilot program on remote provision by National Guard to + National Guards of other States of cybersecurity technical + assistance in training, preparation, and response to cyber + incidents. +Sec. 1726. Department of Defense cyber workforce efforts. +Sec. 1727. Reporting requirements for cross domain incidents and + exemptions to policies for information technology. +Sec. 1728. Assessing private-public collaboration in cybersecurity. +Sec. 1729. Cyber capabilities and interoperability of the National + Guard. +Sec. 1730. Evaluation of non-traditional cyber support to the Department + of Defense. +Sec. 1731. Integrated cybersecurity center plan. +Sec. 1732. Assessment of cyber operational planning and deconfliction + policies and processes. +Sec. 1733. Pilot program on cybersecurity capability metrics. +Sec. 1734. Assessment of effect of inconsistent timing and use of + Network Address Translation in Department of Defense networks. +Sec. 1735. Integration of Department of Defense user activity monitoring + and cybersecurity. +Sec. 1736. Defense industrial base cybersecurity sensor architecture + plan. +Sec. 1737. Assessment on defense industrial base participation in a + threat information sharing program. +Sec. 1738. Assistance for small manufacturers in the defense industrial + supply chain on matters relating to cybersecurity. +Sec. 1739. Assessment on defense industrial base cybersecurity threat + hunting program. +Sec. 1740. Defense Digital Service. +Sec. 1741. Matters concerning the College of Information and Cyberspace + and limitation of funding for National Defense University. +Sec. 1742. Department of Defense cyber hygiene and Cybersecurity + Maturity Model Certification framework. +Sec. 1743. Extension of sunset for pilot program on regional + cybersecurity training center for the Army National Guard. +Sec. 1744. National cyber exercises. +Sec. 1745. Cybersecurity and Infrastructure Security Agency review. +Sec. 1746. Report on enabling United States Cyber Command resource + allocation. +Sec. 1747. Ensuring cyber resiliency of nuclear command and control + system. +Sec. 1748. Requirements for review of and limitations on the Joint + Regional Security Stacks activity. +Sec. 1749. Implementation of information operations matters. +Sec. 1750. Report on use of encryption by Department of Defense national + security systems. +Sec. 1751. Guidance and direction on use of direct hiring processes for + artificial intelligence professionals and other data science + and software development personnel. +Sec. 1752. National Cyber Director. +SEC. 1701. MODIFICATION OF MISSION OF CYBER COMMAND AND ASSIGNMENT OF +CYBER OPERATIONS FORCES. + Title 10, United States Code, is amended-- + (1) in section 167b-- + (A) in subsection (a)-- + (i) in the first sentence, by inserting ``(1)'' before + ``With the advice''; + (ii) in paragraph (1), as designated by clause (i), by + striking the second sentence; and + (iii) by adding at the end the following new paragraph: + ``(2) The principal mission of the Cyber Command is to direct, + synchronize, and coordinate military cyberspace planning and + operations to defend and advance national interests in + collaboration with domestic and international partners.''; and + (B) by amending subsection (b) to read as follows: + ``(b) Assignment of Forces.--(1) Active and reserve cyber forces of +the armed forces shall be assigned to the Cyber Command through the +Global Force Management Process, as approved by the Secretary of +Defense. + ``(2) Cyber forces not assigned to Cyber Command remain + assigned to combatant commands or service-retained.''; and + (2) in section 238-- + (A) in subsection (a)-- + (i) in the matter preceding paragraph (1)-- -SEC. 1621. CYBER MISSION FORCES AND CYBERSPACE OPERATIONS FORCES. + (I) by striking ``2017'' and inserting ``2021''; + and + (II) by inserting ``, in electronic and print + formats,'' after ``display''; + + (ii) in paragraph (1), by inserting ``and the + cyberspace operations forces'' before the semicolon; + (iii) in paragraph (2), by inserting ``and the + cyberspace operations forces'' before the period; + (B) in subsection (b)-- + (i) in the matter preceding paragraph (1), by striking + ``2017'' and inserting ``2021''; + (ii) in paragraph (1), by striking ``2017'' and + inserting ``2021''; and + (iii) in paragraph (2), by striking ``2018'' and + inserting ``2022''; and + (C) by adding at the end the following new subsection: + ``(c) Submission.--The Secretary shall provide the displays +described in subsection (a)-- + ``(1) in electronic format not later than five days after the + submission by the President under section 1105(a) of title 31 of + the budget; and + ``(2) in print format not later than 21 days after the + submission by the President under section 1105(a) of title 31 of + the budget.''. +SEC. 1702. MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR +SENSITIVE MILITARY CYBER OPERATIONS. + Subsection (c) of section 395 of title 10, United States Code, is +amended to read as follows: + ``(c) Sensitive Military Cyber Operation Defined.--(1) In this +section, the term `sensitive military cyber operation' means an action +described in paragraph (2) that-- + ``(A) is carried out by the armed forces of the United + States; + ``(B) is intended to achieve a cyber effect against a + foreign terrorist organization or a country, including its + armed forces and the proxy forces of that country located + elsewhere-- + ``(i) with which the armed forces of the United States + are not involved in hostilities (as that term is used in + section 4 of the War Powers Resolution (50 U.S.C. 1543)); + or + ``(ii) with respect to which the involvement of the + armed forces of the United States in hostilities has not + been acknowledged publicly by the United States; and + ``(C)(i) is determined to-- + + ``(I) have a medium or high collateral effects + estimate; + ``(II) have a medium or high intelligence gain or + loss; + ``(III) have a medium or high probability of + political retaliation, as determined by the political + military assessment contained within the associated + concept of operations; + ``(IV) have a medium or high probability of + detection when detection is not intended; or + ``(V) result in medium or high collateral effects; + or - Subsection (a) of section 238, title 10, United States Code, is + ``(ii) is a matter the Secretary determines to be + appropriate. + ``(2) The actions described in this paragraph are the + following: + ``(A) An offensive cyber operation. + ``(B) A defensive cyber operation.''. +SEC. 1703. MODIFICATION OF REQUIREMENTS FOR QUARTERLY DEPARTMENT OF +DEFENSE CYBER OPERATIONS BRIEFINGS FOR CONGRESS. + Section 484 of title 10, United States Code, is amended by striking +subsections (a) and (b) and inserting the following new subsections: + ``(a) Briefings Required.--The Under Secretary of Defense for +Policy, the Commander of United States Cyber Command, and the Chairman +of the Joint Chiefs of Staff, or designees from each of their offices, +shall provide to the congressional defense committees quarterly +briefings on all offensive and significant defensive military +operations in cyberspace, including clandestine cyber activities, +carried out by the Department of Defense during the immediately +preceding quarter. + ``(b) Elements.--Each briefing under subsection (a) shall include, +with respect to the military operations in cyberspace described in such +subsection, the following: + ``(1) An update, set forth separately for each applicable + geographic and functional command, that describes the operations + carried out in the area of operations of that command or by that + command. + ``(2) An update, set forth for each applicable geographic and + functional command, that describes defensive cyber operations + executed to protect or defend forces, networks, and equipment in + the area of operations of that command. + ``(3) An update on relevant authorities and legal issues + applicable to operations, including any presidential directives and + delegations of authority received since the last quarterly update. + ``(4) An overview of critical operational challenges posed by + major adversaries or encountered in operational activities + conducted since the last quarterly update. + ``(5) An overview of the readiness of the Cyber Mission Forces + to perform assigned missions that-- + ``(A) addresses all of the abilities of such Forces to + conduct cyberspace operations based on capability and capacity + of personnel, equipment, training, and equipment condition-- + ``(i) using both quantitative and qualitative metrics; + and + ``(ii) in a way that is common to all military + departments; and + ``(B) is consistent with readiness reporting pursuant to + section 482 of this title. + ``(6) Any other matters that the briefers determine to be + appropriate. + ``(c) Documents.--Each briefing under subsection (a) shall include +a classified placemat, summarizing the elements specified in paragraphs +(1), (2), (3), and (5) of subsection (b), and an unclassified +memorandum, summarizing the briefing's contents.''. +SEC. 1704. CLARIFICATION RELATING TO PROTECTION FROM LIABILITY OF +OPERATIONALLY CRITICAL CONTRACTORS. + Paragraph (1) of section 391(d) of title 10, United States Code, is amended-- - (1) in the matter preceding paragraph (1)-- - (A) by striking ``The Secretary'' and inserting - ``Not later than five days after the submission by the - President under section 1105(a) of title 31 of the - budget, the Secretary''; - (B) by inserting ``in both electronic and print - formats'' after ``submit''; and - (C) by striking ``2017'' and inserting ``2021''; - (2) in paragraph (1), by inserting ``and the cyberspace - operations forces'' before the semicolon; and - (3) in paragraph (2), by inserting ``and the cyberspace - operations forces'' before the period. - -SEC. 1622. CYBERSPACE SOLARIUM COMMISSION. - + (1) by inserting ``and contract requirements established + pursuant to Defense Federal Acquisition Regulation Supplement + clause 252.204-7012, Safeguarding Covered Defense Information and + Cyber Incident Reporting,'' after ``compliance with this section''; + and + (2) by inserting ``and such contract requirements'' before the + period. +SEC. 1705. STRENGTHENING FEDERAL NETWORKS; CISA CYBERSECURITY SUPPORT +TO AGENCIES. + Section 3553 of title 44, United States Code, is amended-- + (1) in subsection (b)-- + (A) in paragraph (6)(D), by striking ``and'' after the + semicolon; + (B) by redesignating paragraph (7) as paragraph (9); and + (C) by inserting after paragraph (6) the following new + paragraphs: + ``(7) hunting for and identifying, with or without advance + notice to or authorization from agencies, threats and + vulnerabilities within Federal information systems; + ``(8) upon request by an agency, and at the Secretary's + discretion, with or without reimbursement-- + ``(A) providing services, functions, and capabilities, + including operation of the agency's information security + program, to assist the agency with meeting the requirements set + forth in section 3554(b); and + ``(B) deploying, operating, and maintaining secure + technology platforms and tools, including networks and common + business applications, for use by the agency to perform agency + functions, including collecting, maintaining, storing, + processing, disseminating, and analyzing information; and''; + and + (2) by adding at the end the following new subsection: + ``(l) Information Sharing.-- + ``(1) In general.--Notwithstanding any other provision of law, + including any provision of law that would otherwise restrict or + prevent the head of an agency from disclosing information to the + Secretary, the Secretary in carrying out this section and title + XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) + may access, use, retain, and disclose, and the head of an agency + may disclose to the Secretary, information, for the purpose of + protecting information and information systems from cybersecurity + risks. + ``(2) Exception.--Paragraph (1) shall not apply to national + security systems or to information systems described in paragraph + (2) or (3) of subsection (e).''. +SEC. 1706. IMPROVEMENTS RELATING TO THE QUADRENNIAL CYBER POSTURE +REVIEW. + Section 1644(c) of the National Defense Authorization Act for +Fiscal Year 2018 (Public Law 115-91), as amended by section 1635 of the +National Defense Authorization Act for Fiscal Year 2020 (Public Law +116-92), is further amended-- + (1) by amending paragraph (1) to read as follows: + ``(1) The assessment and definition of the role of cyber forces + in the national defense and military strategies of the United + States.''; + (2) by amending paragraph (2) to read as follows: + ``(2) Review of the following: + ``(A) The role of cyber operations in combatant commander + warfighting plans. + ``(B) The ability of combatant commanders to respond to + adversary cyber attacks. + ``(C) The international partner cyber capacity-building + programs of the Department.''; + (3) by amending paragraph (3) to read as follows: + ``(3) A review of the law, policies, and authorities relating + to, and necessary for, the United States to maintain a safe, + reliable, and credible cyber posture for defending against and + responding to cyber attacks and for deterrence in cyberspace, + including the following: + ``(A) An assessment of the need for further delegation of + cyber-related authorities, including those germane to + information warfare, to the Commander of United States Cyber + Command. + ``(B) An evaluation of the adequacy of mission authorities + for all cyber-related military components, defense agencies, + directorates, centers, and commands.''; + (4) in paragraph (4), by striking ``A declaratory'' and + inserting ``A review of the need for or for updates to a + declaratory''; + (5) in paragraph (5), by striking ``Proposed'' and inserting + ``A review of''; + (6) by amending paragraph (6) to read as follows: + ``(6) A review of a strategy to deter, degrade, or defeat + malicious cyber activity targeting the United States (which may + include activities, capability development, and operations other + than cyber activities, cyber capability development, and cyber + operations), including-- + ``(A) a review and assessment of various approaches to + competition and deterrence in cyberspace, determined in + consultation with experts from Government, academia, and + industry; + ``(B) a comparison of the strengths and weaknesses of the + approaches identified pursuant to subparagraph (A) relative to + the threat of each other; and + ``(C) an assessment as to how the cyber strategy will + inform country-specific campaign plans focused on key + leadership of Russia, China, Iran, North Korea, and any other + country the Secretary considers appropriate.''; + (7) by striking paragraph (8) and inserting the following new + paragraph (8): + ``(8) A comprehensive force structure assessment of the Cyber + Operations Forces of the Department for the posture review period, + including the following: + ``(A) A determination of the appropriate size and + composition of the Cyber Mission Forces to accomplish the + mission requirements of the Department. + ``(B) An assessment of the Cyber Mission Forces' personnel, + capabilities, equipment, funding, operational concepts, and + ability to execute cyber operations in a timely fashion. + ``(C) An assessment of the personnel, capabilities, + equipment, funding, and operational concepts of Cybersecurity + Service Providers and other elements of the Cyber Operations + Forces.''; + (8) by redesignating paragraphs (9) through (11) as subsections + (12) through (14), respectively; and + (9) by inserting after paragraph (8), the following new + paragraphs: + ``(9) An assessment of whether the Cyber Mission Force has the + appropriate level of interoperability, integration, and + interdependence with special operations and conventional forces. + ``(10) An evaluation of the adequacy of mission authorities for + the Joint Force Provider and Joint Force Trainer responsibilities + of United States Cyber Command, including the adequacy of the units + designated as Cyber Operations Forces to support such + responsibilities. + ``(11) An assessment of the missions and resourcing of the + combat support agencies in support of cyber missions of the + Department.''. +SEC. 1707. MODIFICATION OF AUTHORITY TO USE OPERATION AND MAINTENANCE +FUNDS FOR CYBER OPERATIONS-PECULIAR CAPABILITY DEVELOPMENT PROJECTS. + Section 1640 of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92) is amended-- + (1) by redesignating subsections (b) and (c) as subsections (c) + and (d), respectively; + (2) in subsection (a)-- + (A) by striking ``The Secretary of Defense'' and inserting + ``Subject to subsection (b), the Commander of the United States + Cyber Command''; + (B) by striking ``per service'' and inserting ``per use''; + and + (C) by striking ``through 2022'' and inserting ``through + 2025''; + (3) by inserting after subsection (a) the following: + ``(b) Limitation.--(1) Each fiscal year, the Secretaries of the +military departments concerned may each obligate and expend under +subsection (a) not more than $10,000,000. + ``(2) Each fiscal year, the Commander of the United States + Cyber Command may obligate and expend under subsection (a) not more + than $6,000,000.''; and + (4) in subsection (d), as so redesignated, by striking + ``through 2022'' and inserting ``through 2025''. +SEC. 1708. PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER OF UNITED +STATES CYBER COMMAND AND DEVELOPMENT PROGRAM FOR OFFENSIVE CYBER +OPERATIONS. + (a) Personnel Management Authority for Commander of United States +Cyber Command to Attract Experts in Science and Engineering.--Section +1599h of title 10, United States Code, as amended by section 1602 of +this Act, is further amended-- + (1) in subsection (a), by adding at the end the following: + ``(8) United states cyber command.--The Commander of United + States Cyber Command may carry out a program of personnel + management authority provided in subsection (b) in order to + facilitate the recruitment of eminent experts in computer science, + data science, engineering, mathematics, and computer network + exploitation within the headquarters of United States Cyber Command + and the Cyber National Mission Force.''; and + (2) in subsection (b)(1)-- + (A) in subparagraph (F), by striking ``and'' after the + semicolon; + (B) in subparagraph (G), by inserting ``and'' after the + semicolon; and + (C) by adding at the end the following new subparagraph: + ``(H) in the case of United States Cyber Command, appoint + computer scientists, data scientists, engineers, + mathematicians, and computer network exploitation specialists + to a total of not more than 10 scientific and engineering + positions in the Command;''. + (b) Program to Develop Accesses, Discover Vulnerabilities, and +Engineer Cyber Tools and Develop Tactics, Techniques, and Procedures +for Offensive Cyber Operations.-- + (1) In general.--Pursuant to the authority provided under + section 1599h(a)(8) of title 10, United States Code, as added by + subsection (a), the Commander of United States Cyber Command shall + establish a program or augment an existing program within the + Command to develop accesses, discover vulnerabilities, and engineer + cyber tools and develop tactics, techniques, and procedures for the + use of these assets and capabilities in offensive cyber operations. + (2) Elements.--The program or augmented program required by + paragraph (1) shall-- + (A) develop accesses, discover vulnerabilities, and + engineer cyber tools and develop tactics, techniques, and + procedures fit for Department of Defense military operations in + cyberspace, such as reliability, meeting short development and + operational timelines, low cost, and expendability; + (B) aim to decrease the reliance of Cyber Command on + accesses, tools, and expertise provided by the intelligence + community; + (C) be designed to provide technical and operational + expertise on par with that of programs of the intelligence + community; + (D) enable the Commander to attract and retain expertise + resident in the private sector and other technologically elite + government organizations; and + (E) coordinate development activities with, and, as + appropriate, facilitate transition of capabilities from, the + Defense Advanced Research Projects Agency, the Strategic + Capabilities Office, and components within the intelligence + community. + (3) Intelligence community defined.--In this subsection, 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). +SEC. 1709. APPLICABILITY OF REORIENTATION OF BIG DATA PLATFORM PROGRAM +TO DEPARTMENT OF NAVY. + (a) In General.--Section 1651 of the National Defense Authorization +Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at +the end the following new subsection: + ``(f) Applicability.--The requirements of this section shall apply +in full to the Department of the Navy, including the Sharkcage and +associated programs.''. + (b) Briefing.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of the Navy, the program manager +of the Unified Platform program, the Chief Information Officer, and the +Principal Cyber Advisor shall jointly brief the congressional defense +committees on the compliance of the Department of the Navy with the +requirements of such section, as amended by subsection (a). +SEC. 1710. REPORT ON CYBER INSTITUTES PROGRAM. + Section 1640 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2310; 10 U.S.C. +2200 note) is amended by adding at the end the following: + ``(g) Report to Congress.--Not later than September 30, 2021, the +Secretary of Defense shall submit to the Committees on Armed Services +of the Senate and the House of Representatives a report on the +effectiveness of the Cyber Institutes and on opportunities to expand +the Cyber Institutes to additional select institutions of higher +learning that have a Reserve Officers' Training Corps program.''. +SEC. 1711. MODIFICATION OF ACQUISITION AUTHORITY OF COMMANDER OF UNITED +STATES CYBER COMMAND. + Section 807 of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is amended-- + (1) by striking subsections (e) and (i); and + (2) by redesignating subsections (f) through (h) as subsections + (e) through (g), respectively. +SEC. 1712. MODIFICATION OF REQUIREMENTS RELATING TO THE STRATEGIC +CYBERSECURITY PROGRAM AND THE EVALUATION OF CYBER VULNERABILITIES OF +MAJOR WEAPON SYSTEMS OF THE DEPARTMENT OF DEFENSE. + (a) Evaluation of Cyber Vulnerabilities of Major Weapon Systems of +the Department of Defense.-- + (1) In general.--Section 1647 of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 + U.S.C. 2224 note), as amended by section 1633 of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), + is further amended by adding at the end the following new + subsections: + ``(i) Establishing Requirements for Periodicity of Vulnerability +Reviews.--The Secretary of Defense shall establish policies and +requirements for each major weapon system, and the priority critical +infrastructure essential to the proper functioning of major weapon +systems in broader mission areas, to be re-assessed for cyber +vulnerabilities, taking into account upgrades or other modifications to +systems and changes in the threat landscape. + ``(j) Identification of Senior Official.--Each secretary of a +military department shall identify a senior official who shall be +responsible for ensuring that cyber vulnerability assessments and +mitigations for weapon systems and critical infrastructure are planned, +funded, and carried out.''. + (2) Technical correction.--Such section 1647 of the National + Defense Authorization Act for Fiscal Year 2016 is further amended-- + (A) by redesignating subsection (g) as subsection (h); and + (B) by redesignating the second subsection (f), as added by + section 1633 of the National Defense Authorization Act for + Fiscal Year 2020, as subsection (g). + (b) Strategic Cybersecurity Program.--Section 1640 of the National +Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 +U.S.C. 2224 note), is amended by striking subsections (a) through (e) +and inserting the following new subsections: + ``(a) In General.--Not later than August 1, 2021, the Secretary of +Defense shall, acting through the Under Secretary of Defense for +Acquisition and Sustainment, the Chief Information Officer, the Vice +Chairman of the Joint Chiefs of Staff, the Commander of United States +Cyber Command, and the Director of the National Security Agency, +establish a program to be known as the `Strategic Cybersecurity +Program' (in this section referred to as the `Program') to ensure that +the Department of Defense is always able to conduct the most important +military missions of the Department. + ``(b) Personnel Support to the Program.-- + ``(1) In general.--The Director of the National Security Agency + shall establish a program office within the Cybersecurity + Directorate to support the Program by identifying threats to, + vulnerabilities in, and remediations for the missions and mission + elements described in paragraph (1) of subsection (c). Such program + office shall be headed by a program manager selected by the + Director. + ``(2) National security agency program office staff + augmentation.--The Secretary may augment the personnel assigned to + the program office required under paragraph (1) by assigning + personnel as appropriate from among regular and reserve members of + the Armed Forces, civilian employees of the Department of Defense + (including the Defense intelligence agencies), and personnel of the + research laboratories of the Department and the Department of + Energy, who have particular expertise in the areas of + responsibility described in subsection (c). + ``(3) Department of energy personnel.--Any personnel assigned + to the program office from among personnel of the Department of + Energy shall be so assigned with the concurrence of the Secretary + of Energy. + ``(c) Responsibilities.-- + ``(1) Designation of mission elements of the program.--The + Under Secretary of Defense for Policy, the Under Secretary of + Defense for Acquisition and Sustainment, and the Vice Chairman of + the Joint Chiefs of Staff shall identify and designate for + inclusion in the Program all of the systems, critical + infrastructure, kill chains, and processes, including systems and + components in development, that comprise the following military + missions of the Department of Defense: + ``(A) Nuclear deterrence and strike. + ``(B) Select long-range conventional strike missions + germane to the warfighting plans of United States European + Command and United States Indo-Pacific Command. + ``(C) Offensive cyber operations. + ``(D) Homeland missile defense. + ``(2) Office of the under secretary of defense for acquisition + and sustainment.--The Office of the Under Secretary of Defense for + Acquisition and Sustainment shall serve as the office of primary + responsibility for the Program, providing policy, direction, and + oversight regarding the execution of the National Security Agency + program manager's responsibilities described in paragraph (5). + ``(3) Vice chairman of the joint chiefs of staff.--The Vice + Chairman of the Joint Chiefs of Staff shall coordinate the + identification and prioritization of the missions and mission + components, and the development and approval of requirements + relating to the cybersecurity of the missions and mission + components, of the Program. + ``(4) Chief information officer.--The Chief Information + Officer, in exercising authority, direction, and control over the + Cybersecurity Directorate of the National Security Agency, shall + ensure that the National Security Agency program office is + responsive to the requirements and direction of the Under Secretary + of Defense for Acquisition and Sustainment. + ``(5) Program manager.--The program manager shall be + responsible for-- + ``(A) Conducting end-to-end vulnerability assessments of + the missions of the Program and their constituent systems, + infrastructure, kill chains, and processes. + ``(B) Prioritizing and facilitating the remediation of + identified vulnerabilities in the constituent systems, + infrastructure, kill chains, and processes of the missions of + the Program. + ``(C) Conducting, prior to the Milestone B approval for any + such system or infrastructure, appropriate reviews of + acquisition and system engineering plans for proposed systems + and infrastructure germane to the missions of the Program, in + accordance with the Under Secretary of Defense for Acquisition + and Sustainment's policy and guidance regarding the components + of such reviews and the range of systems and infrastructure to + be reviewed. + ``(D) Advising the military departments, combatant + commands, and Joint Staff on the vulnerabilities and + cyberattack vectors that pose substantial risk to the missions + of the Program and their constituent systems, critical + infrastructure, kill chains, or processes. + ``(6) Secretary of defense directive.--The Secretary of Defense + shall define and issue guidance on the roles and responsibilities + for other components with respect to the Program, including-- + ``(A) the military departments' acquisition and sustainment + organizations in supporting and implementing remedial actions; + ``(B) the alignment of Cyber Protection Teams with the + prioritized missions of the Program; + ``(C) the role of the Director of Operational Test and + Evaluation in conducting periodic assessments, including + through red teams, of the cybersecurity of missions in the + Program; and + ``(D) the role of the Principal Cyber Adviser in + coordinating and monitoring the Department's execution of the + Program. + ``(d) Integration With Other Efforts.--The Under Secretary of +Defense for Acquisition and Sustainment shall ensure that the Program +builds upon, and does not duplicate, other efforts of the Department of +Defense relating to cybersecurity, including the following: + ``(1) The evaluation of cyber vulnerabilities of major weapon + systems of the Department of Defense required under section 1647 of + the National Defense Authorization Act for Fiscal Year 2016 (Public + Law 114-92). + ``(2) The evaluation of cyber vulnerabilities of Department of + Defense critical infrastructure required under section 1650 of the + National Defense Authorization Act for Fiscal year 2017 (Public Law + 114-328; 10 U.S.C. 2224 note). + ``(3) The activities of the cyber protection teams of the + Department of Defense. + ``(e) Briefing.--Not later than December 1, 2021, the Secretary of +Defense shall provide to the congressional defense committees a +briefing on the establishment of the Program, and the plans, funding, +and staffing of the Program.''. +SEC. 1713. MODIFICATION OF POSITION OF PRINCIPAL CYBER ADVISOR. + (a) In General.--Subsection (c) of section 932 of the National +Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 +U.S.C. 2224 note) is amended to read as follows: + ``(c) Principal Cyber Advisor.-- + ``(1) Designation.--The Secretary shall designate a Principal + Cyber Advisor from among those civilian officials of the Department + of Defense who have been appointed to the positions in which they + serve by the President, by and with the advice and consent of the + Senate. + ``(2) Responsibilities.--The Principal Cyber Advisor shall be + responsible for the following: + ``(A) Acting as the principal advisor to the Secretary on + military cyber forces and activities. + ``(B) Overall integration of Cyber Operations Forces + activities relating to cyberspace operations, including + associated policy and operational considerations, resources, + personnel, technology development and transition, and + acquisition. + ``(C) Assessing and overseeing the implementation of the + cyber strategy of the Department and execution of the cyber + posture review of the Department on behalf of the Secretary. + ``(D) Coordinating activities pursuant to subparagraphs (A) + and (B) of subsection (c)(3) with the Principal Information + Operations Advisor, the Chief Information Officer of the + Department, and other officials as determined by the Secretary + of Defense, to ensure the integration of activities in support + of cyber, information, and electromagnetic spectrum operations. + ``(E) Such other matters relating to the offensive military + cyber forces of the Department as the Secretary shall specify + for the purposes of this subsection. + ``(3) Cross-functional team.--Consistent with section 911 of + the National Defense Authorization Act for Fiscal Year 2017 (Public + Law 114-328; 10 U.S.C. 111 note), the Principal Cyber Advisor + shall-- + ``(A) integrate the cyber expertise and perspectives of + appropriate organizations within the Office of the Secretary of + Defense, Joint Staff, military departments, the Defense + Agencies and Field Activities, and combatant commands, by + establishing and maintaining a full-time cross-functional team + of subject matter experts from those organizations; and + ``(B) select team members, and designate a team leader, + from among those personnel nominated by the heads of such + organizations.''. + (b) Designation of Deputy Principal Cyber Advisor.--Section +905(a)(1) of the National Defense Authorization Act for Fiscal Year +2020 (Public Law 116-92) is amended by striking ``Under Secretary of +Defense for Policy'' and inserting ``Secretary of Defense''. +SEC. 1714. CYBERSPACE SOLARIUM COMMISSION. Section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended-- - (1) in subsection (b)(1)-- - (A) in subparagraph (A), by-- - (i) striking clauses (i) through (iv); and - (ii) redesignating clauses (v) through - (viii) as clauses (i) through (iv), - respectively; and - (B) in subparagraph (B)(i), by striking ``and who - are appointed under clauses (iv) through (vii) of - subparagraph (A)''; - (2) in subsection (d)(2), by striking ``Seven'' and - inserting ``Six''; - (3) in subsection (h), by-- - (A) striking ``(1) In general.--(A)''; and - (B) striking paragraph (2); - (4) in subsection (i)(1)(B), by striking ``officers or - employees of the United States or''; and - (5) in subsection (k)(2)-- - (A) in subparagraph (A), by striking ``at the end - of the 120-day period beginning on'' and inserting ``2 - years after''; - (B) in subparagraph (B), by-- - (i) striking ``may use the 120-day'' and - inserting ``shall use the 2-year''; - (ii) striking ``for the purposes of - concluding its activities, including providing - testimony to Congress concerning the final - report referred to in that paragraph and - disseminating the report'' and inserting the - following: ``for the purposes of--'': - ``(i) collecting and assessing comments and - feedback from the Executive Branch, academia, - and the public on the analysis and - recommendations contained in the Commission's - report; - ``(ii) collecting and assessing any - developments in cybersecurity that may affect - the analysis and recommendations contained in - the Commission's report; - ``(iii) reviewing the implementation of the - recommendations contained in the Commission's - report; - ``(iv) revising, amending, or making new - recommendations based on the assessments and - reviews required under clauses (i)-(iii); - ``(v) providing an annual update to the - congressional defense committees, the - congressional intelligence committees, the - Committee on Homeland Security of the House of - Representatives, the Committee on Homeland - Security and Governmental Affairs of the - Senate, the Director of National Intelligence, - the Secretary of Defense, and the Secretary of - Homeland Security in a manner and format - determined by the Commission regarding any such - revisions, amendments, or new recommendations; - and - ``(vi) concluding its activities, including - providing testimony to Congress concerning the - final report referred to in that paragraph and - disseminating the report.''; and - (C) by adding at the end the following new - subparagraph: + (1) in subsection (b)(1)-- + (A) in subparagraph (A), by-- + (i) striking clauses (i) through (iv); and + (ii) redesignating clauses (v) through (viii) as + clauses (i) through (iv), respectively; and + (B) in subparagraph (B)(i), by striking ``and who are + appointed under clauses (iv) through (vii) of subparagraph + (A)''; + (2) in subsection (d)(2), by striking ``Seven'' and inserting + ``Six''; + (3) in subsection (h), by-- + (B) striking ``(1) in general.--''; and + (C) striking paragraph (2); + (4) in subsection (i)(1)(B), by striking ``officers or + employees of the United States or''; and + (5) in subsection (k)(2)-- + (A) in subparagraph (A)-- + (i) by striking ``at the end of the 120-day period + beginning on'' and inserting ``20 months after''; and + (ii) by adding at the end the following new sentence: + ``No extension of the Commission is permitted.''; + (B) in subparagraph (B), by-- + (i) striking ``may use the 120-day'' and inserting + ``shall use the 20-month''; + (ii) striking ``for the purposes of concluding its + activities, including providing testimony to Congress + concerning the final report referred to in that paragraph + and disseminating the report'' and inserting the following: + ``for the purposes of--'': + ``(i) collecting and assessing comments and feedback + from the Executive Branch, academia, and the public on the + analysis and recommendations contained in the Commission's + report; + ``(ii) collecting and assessing any developments in + cybersecurity that may affect the analysis and + recommendations contained in the Commission's report; + ``(iii) reviewing the implementation of the + recommendations contained in the Commission's report; + ``(iv) revising, amending, or making new + recommendations based on the assessments and reviews + required under clauses (i)-(iii); + ``(v) providing an annual update to the congressional + defense committees, the congressional intelligence + committees, the Committee on Homeland Security of the House + of Representatives, the Committee on Homeland Security and + Governmental Affairs of the Senate, the Director of + National Intelligence, the Secretary of Defense, and the + Secretary of Homeland Security in a manner and format + determined by the Commission regarding any such revisions, + amendments, or new recommendations; and + ``(vi) concluding its activities, including providing + testimony to Congress concerning the final report referred + to in that paragraph and disseminating the report.''; and + (C) by adding at the end the following new subparagraph: ``(C) If the Commission is extended, and the effective date of such extension is after the date on which the Commission terminated, the Commission shall be deemed reconstituted with the same members and powers that existed on the day before such termination date, except that-- - ``(i) a member of the Commission may serve only if - the member's position continues to be authorized under - subsection (b); - ``(ii) no compensation or entitlements relating to - a person's status with the Commission shall be due for - the period between the termination and reconstitution - of the Commission; - ``(iii) nothing in this subparagraph may be - construed as requiring the extension or reemployment of - any staff member or contractor working for the - Commission; - ``(iv) the staff of the Commission shall be-- - ``(I) selected by the co-chairs of the - Commission in accordance with subsection - (h)(1); - ``(II) comprised of not more than four - individuals, including a staff director; and - ``(III) resourced in accordance with - subsection (g)(4)(A); - ``(v) with the approval of the co-chairs, may be - provided by contract with a nongovernmental - organization; - ``(vi) any unexpended funds made available for the - use of the Commission shall continue to be available - for use for the life of the Commission, as well as any - additional funds appropriated to the Department of - Defense that are made available to the Commission, - provided that the total such funds does not exceed - $1,000,000 from the reconstitution of the Commission to - the completion of the Commission; and - ``(vii) the requirement for an assessment of the - final report in subsection (l) shall be updated to - require annually for a period of 2 years further - assessments of the Federal Government's responses to - the Commission's recommendations contained in such - final report.''. - -SEC. 1623. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS. - - (a) In General.--Not later than 120 days after the date of the -enactment of this Act, the Secretary of the Navy, in conjunction with -the Chief of Naval Operations, shall submit to the congressional -defense committees a study of the Navy Cyber Warfare Development Group -(NCWDG). - (b) Elements.--The study required under subsection (a) shall -include the following: - (1) An examination of NCWDG's structure, manning, + ``(i) a member of the Commission may serve only if the + member's position continues to be authorized under + subsection (b); + ``(ii) no compensation or entitlements relating to a + person's status with the Commission shall be due for the + period between the termination and reconstitution of the + Commission; + ``(iii) nothing in this subparagraph may be construed + as requiring the extension or reemployment of any staff + member or contractor working for the Commission; + ``(iv) the staff of the Commission shall be-- + + ``(I) selected by the co-chairs of the Commission + in accordance with subsection (h)(1); + ``(II) comprised of not more than four individuals, + including a staff director; and + ``(III) resourced in accordance with subsection + (g)(4)(A); + + ``(v) with the approval of the co-chairs, may be + provided by contract with a nongovernmental organization; + ``(vi) any unexpended funds made available for the use + of the Commission shall continue to be available for use + for the life of the Commission, as well as any additional + funds appropriated to the Department of Defense that are + made available to the Commission, provided that the total + such funds does not exceed $1,000,000 from the + reconstitution of the Commission to the completion of the + Commission; and + ``(vii) the requirement for an assessment of the final + report in subsection (l) shall be updated to require every + ten months for a period of 20 months further assessments of + the Federal Government's responses to the Commission's + recommendations contained in such final report.''. +SEC. 1715. ESTABLISHMENT IN DEPARTMENT OF HOMELAND SECURITY OF JOINT +CYBER PLANNING OFFICE. + (a) Amendment.--Subtitle A of title XXII of the Homeland Security +Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the +following new section: +``SEC. 2215. JOINT CYBER PLANNING OFFICE. + ``(a) Establishment of Office.--There is established in the Agency +an office for joint cyber planning (in this section referred to as the +`Office') to develop, for public and private sector entities, plans for +cyber defense operations, including the development of a set of +coordinated actions to protect, detect, respond to, and recover from +cybersecurity risks or incidents or limit, mitigate, or defend against +coordinated, malicious cyber operations that pose a potential risk to +critical infrastructure or national interests. The Office shall be +headed by a senior official of the Agency selected by the Director. + ``(b) Planning and Execution.--In leading the development of plans +for cyber defense operations pursuant to subsection (a), the head of +the Office shall-- + ``(1) coordinate with relevant Federal departments and agencies + to establish processes and procedures necessary to develop and + maintain ongoing coordinated plans for cyber defense operations; + ``(2) leverage cyber capabilities and authorities of + participating Federal departments and agencies, as appropriate, in + furtherance of plans for cyber defense operations; + ``(3) ensure that plans for cyber defense operations are, to + the greatest extent practicable, developed in collaboration with + relevant private sector entities, particularly in areas in which + such entities have comparative advantages in limiting, mitigating, + or defending against a cybersecurity risk or incident or + coordinated, malicious cyber operation; + ``(4) ensure that plans for cyber defense operations, as + appropriate, are responsive to potential adversary activity + conducted in response to United States offensive cyber operations; + ``(5) facilitate the exercise of plans for cyber defense + operations, including by developing and modeling scenarios based on + an understanding of adversary threats to, vulnerability of, and + potential consequences of disruption or compromise of critical + infrastructure; + ``(6) coordinate with and, as necessary, support relevant + Federal departments and agencies in the establishment of + procedures, development of additional plans, including for + offensive and intelligence activities in support of cyber defense + operations, and creation of agreements necessary for the rapid + execution of plans for cyber defense operations when a + cybersecurity risk or incident or malicious cyber operation has + been identified; and + ``(7) support public and private sector entities, as + appropriate, in the execution of plans developed pursuant to this + section. + ``(c) Composition.--The Office shall be composed of-- + ``(1) a central planning staff; and + ``(2) appropriate representatives of Federal departments and + agencies, including-- + ``(A) the Department; + ``(B) United States Cyber Command; + ``(C) the National Security Agency; + ``(D) the Federal Bureau of Investigation; + ``(E) the Department of Justice; and + ``(F) the Office of the Director of National Intelligence. + ``(d) Consultation.--In carrying out its responsibilities described +in subsection (b), the Office shall regularly consult with appropriate +representatives of non-Federal entities, such as-- + ``(1) State, local, federally-recognized Tribal, and + territorial governments; + ``(2) information sharing and analysis organizations, including + information sharing and analysis centers; + ``(3) owners and operators of critical information systems; + ``(4) private entities; and + ``(5) other appropriate representatives or entities, as + determined by the Secretary. + ``(e) Interagency Agreements.--The Secretary and the head of a +Federal department or agency referred to in subsection (c) may enter +into agreements for the purpose of detailing personnel on a +reimbursable or non-reimbursable basis. + ``(f) Definitions.--In this section: + ``(1) Cyber defense operation.--The term `cyber defense + operation' means defensive activities performed for a cybersecurity + purpose. + ``(2) Cybersecurity purpose.--The term `cybersecurity purpose' + has the meaning given such term in section 102 of the Cybersecurity + Act of 2015 (contained in division N of the Consolidated + Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501)). + ``(3) Cybersecurity risk; incident.--The terms `cybersecurity + risk' and `incident' have the meanings given such terms in section + 2209. + ``(4) Information sharing and analysis organization.--The term + `information sharing and analysis organization' has the meaning + given such term in section 2222(5).''. + (b) Technical and Conforming Amendment.--The table of contents in +section 1(b) of the Homeland Security Act of 2002 is amended by +inserting after the item relating to section 2214 the following new +item: + +``Sec. 2215. Joint cyber planning office.''. +SEC. 1716. SUBPOENA AUTHORITY. + (a) In General.--Section 2209 of the Homeland Security Act of 2002 +(6 U.S.C. 659) is amended-- + (1) in subsection (a)-- + (A) by redesignating paragraphs (1) through (6) as + paragraphs (2) through (7), respectively; + (B) by inserting before paragraph (2), as so redesignated, + the following new paragraph: + ``(1) the term `cybersecurity purpose' has the meaning given + that term in section 102 of the Cybersecurity Information Sharing + Act of 2015 (6 U.S.C. 1501);''; + (C) in paragraph (6), as so redesignated, by striking + ``and'' at the end; + (D) by redesignating paragraph (7), as so redesignated, as + paragraph (8); and + (E) by inserting after paragraph (6), as so redesignated, + the following new paragraph: + ``(7) the term `security vulnerability' has the meaning given + that term in section 102 of the Cybersecurity Information Sharing + Act of 2015 (6 U.S.C. 1501); and''; + (2) in subsection (c)-- + (A) in paragraph (10), by striking ``and'' at the end; + (B) in paragraph (11), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following new paragraph: + ``(12) detecting, identifying, and receiving information for a + cybersecurity purpose about security vulnerabilities relating to + critical infrastructure in information systems and devices.''; and + (3) by adding at the end the following new subsection: + ``(o) Subpoena Authority.-- + ``(1) Definition.--In this subsection, the term `covered device + or system'-- + ``(A) means a device or system commonly used to perform + industrial, commercial, scientific, or governmental functions + or processes that relate to critical infrastructure, including + operational and industrial control systems, distributed control + systems, and programmable logic controllers; and + ``(B) does not include personal devices and systems, such + as consumer mobile devices, home computers, residential + wireless routers, or residential internet enabled consumer + devices. + ``(2) Authority.-- + ``(A) In general.--If the Director identifies a system + connected to the internet with a specific security + vulnerability and has reason to believe such security + vulnerability relates to critical infrastructure and affects a + covered device or system, and the Director is unable to + identify the entity at risk that owns or operates such covered + device or system, the Director may issue a subpoena for the + production of information necessary to identify and notify such + entity at risk, in order to carry out a function authorized + under subsection (c)(12). + ``(B) Limit on information.--A subpoena issued pursuant to + subparagraph (A) may seek information-- + ``(i) only in the categories set forth in subparagraphs + (A), (B), (D), and (E) of section 2703(c)(2) of title 18, + United States Code; and + ``(ii) for not more than 20 covered devices or systems. + ``(C) Liability protections for disclosing providers.--The + provisions of section 2703(e) of title 18, United States Code, + shall apply to any subpoena issued pursuant to subparagraph + (A). + ``(3) Coordination.-- + ``(A) In general.--If the Director exercises the subpoena + authority under this subsection, and in the interest of + avoiding interference with ongoing law enforcement + investigations, the Director shall coordinate the issuance of + any such subpoena with the Department of Justice, including the + Federal Bureau of Investigation, pursuant to interagency + procedures which the Director, in coordination with the + Attorney General, shall develop not later than 60 days after + the date of the enactment of this subsection. + ``(B) Contents.--The inter-agency procedures developed + under this paragraph shall provide that a subpoena issued by + the Director under this subsection shall be-- + ``(i) issued to carry out a function described in + subsection (c)(12); and + ``(ii) subject to the limitations specified in this + subsection. + ``(4) Noncompliance.--If any person, partnership, corporation, + association, or entity fails to comply with any duly served + subpoena issued pursuant to this subsection, the Director may + request that the Attorney General seek enforcement of such subpoena + in any judicial district in which such person, partnership, + corporation, association, or entity resides, is found, or transacts + business. + ``(5) Notice.--Not later than seven days after the date on + which the Director receives information obtained through a subpoena + issued pursuant to this subsection, the Director shall notify any + entity identified by information obtained pursuant to such subpoena + regarding such subpoena and the identified vulnerability. + ``(6) Authentication.-- + ``(A) In general.--Any subpoena issued pursuant to this + subsection shall be authenticated with a cryptographic digital + signature of an authorized representative of the Agency, or + other comparable successor technology, that allows the Agency + to demonstrate that such subpoena was issued by the Agency and + has not been altered or modified since such issuance. + ``(B) Invalid if not authenticated.--Any subpoena issued + pursuant to this subsection that is not authenticated in + accordance with subparagraph (A) shall not be considered to be + valid by the recipient of such subpoena. + ``(7) Procedures.--Not later than 90 days after the date of the + enactment of this subsection, the Director shall establish internal + procedures and associated training, applicable to employees and + operations of the Agency, regarding subpoenas issued pursuant to + this subsection, which shall address the following: + ``(A) The protection of and restriction on dissemination of + nonpublic information obtained through such a subpoena, + including a requirement that the Agency not disseminate + nonpublic information obtained through such a subpoena that + identifies the party that is subject to such subpoena or the + entity at risk identified by information obtained, except that + the Agency may share the nonpublic information with the + Department of Justice for the purpose of enforcing such + subpoena in accordance with paragraph (4), and may share with a + Federal agency the nonpublic information of the entity at risk + if-- + ``(i) the Agency identifies or is notified of a + cybersecurity incident involving such entity, which relates + to the vulnerability which led to the issuance of such + subpoena; + ``(ii) the Director determines that sharing the + nonpublic information with another Federal department or + agency is necessary to allow such department or agency to + take a law enforcement or national security action, + consistent with the interagency procedures under paragraph + (3)(A), or actions related to mitigating or otherwise + resolving such incident; + ``(iii) the entity to which the information pertains is + notified of the Director's determination, to the extent + practicable consistent with national security or law + enforcement interests, consistent with such interagency + procedures; and + ``(iv) the entity consents, except that the entity's + consent shall not be required if another Federal department + or agency identifies the entity to the Agency in connection + with a suspected cybersecurity incident. + ``(B) The restriction on the use of information obtained + through such a subpoena for a cybersecurity purpose. + ``(C) The retention and destruction of nonpublic + information obtained through such a subpoena, including-- + ``(i) destruction of such information that the Director + determines is unrelated to critical infrastructure + immediately upon providing notice to the entity pursuant to + paragraph (5); and + ``(ii) destruction of any personally identifiable + information not later than 6 months after the date on which + the Director receives information obtained through such a + subpoena, unless otherwise agreed to by the individual + identified by the subpoena respondent. + ``(D) The processes for providing notice to each party that + is subject to such a subpoena and each entity identified by + information obtained under such a subpoena. + ``(E) The processes and criteria for conducting critical + infrastructure security risk assessments to determine whether a + subpoena is necessary prior to being issued pursuant to this + subsection. + ``(F) The information to be provided to an entity at risk + at the time of the notice of the vulnerability, which shall + include-- + ``(i) a discussion or statement that responding to, or + subsequent engagement with, the Agency, is voluntary; and + ``(ii) to the extent practicable, information regarding + the process through which the Director identifies security + vulnerabilities. + ``(8) Limitation on procedures.--The internal procedures + established pursuant to paragraph (7) may not require an owner or + operator of critical infrastructure to take any action as a result + of a notice of vulnerability made pursuant to this Act. + ``(9) Review of procedures.--Not later than 1 year after the + date of the enactment of this subsection, the Privacy Officer of + the Agency shall-- + ``(A) review the internal procedures established pursuant + to paragraph (7) to ensure that-- + ``(i) such procedures are consistent with fair + information practices; and + ``(ii) the operations of the Agency comply with such + procedures; and + ``(B) notify the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on + Homeland Security of the House of Representatives of the + results of the review under subparagraph (A). + ``(10) Publication of information.--Not later than 120 days + after establishing the internal procedures under paragraph (7), the + Director shall publish information on the website of the Agency + regarding the subpoena process under this subsection, including + information regarding the following: + ``(A) Such internal procedures. + ``(B) The purpose for subpoenas issued pursuant to this + subsection. + ``(C) The subpoena process. + ``(D) The criteria for the critical infrastructure security + risk assessment conducted prior to issuing a subpoena. + ``(E) Policies and procedures on retention and sharing of + data obtained by subpoenas. + ``(F) Guidelines on how entities contacted by the Director + may respond to notice of a subpoena. + ``(11) Annual reports.--The Director shall annually submit to + the Committee on Homeland Security and Governmental Affairs of the + Senate and the Committee on Homeland Security of the House of + Representatives a report (which may include a classified annex but + with the presumption of declassification) on the use of subpoenas + issued pursuant to this subsection, which shall include the + following: + ``(A) A discussion of the following: + ``(i) The effectiveness of the use of such subpoenas to + mitigate critical infrastructure security vulnerabilities. + ``(ii) The critical infrastructure security risk + assessment process conducted for subpoenas issued under + this subsection. + ``(iii) The number of subpoenas so issued during the + preceding year. + ``(iv) To the extent practicable, the number of + vulnerable covered devices or systems mitigated under this + subsection by the Agency during the preceding year. + ``(v) The number of entities notified by the Director + under this subsection, and their responses, during the + preceding year. + ``(B) For each subpoena issued pursuant to this subsection, + the following: + ``(i) Information relating to the source of the + security vulnerability detected, identified, or received by + the Director. + ``(ii) Information relating to the steps taken to + identify the entity at risk prior to issuing the subpoena. + ``(iii) A description of the outcome of the subpoena, + including discussion on the resolution or mitigation of the + critical infrastructure security vulnerability. + ``(12) Publication of the annual reports.--The Director shall + publish a version of the annual report required under paragraph + (11) on the website of the Agency, which shall, at a minimum, + include the findings described in clauses (iii), (iv), and (v) of + subparagraph (A) of such paragraph. + ``(13) Prohibition on use of information for unauthorized + purposes.--Any information obtained pursuant to a subpoena issued + under this subsection may not be provided to any other Federal + department or agency for any purpose other than a cybersecurity + purpose or for the purpose of enforcing a subpoena issued pursuant + to this subsection.''. + (b) Rules of Construction.-- + (1) Prohibition on new regulatory authority.--Nothing in this + section or the amendments made by this section may be construed to + grant the Secretary of Homeland Security, or the head of any + another Federal agency or department, any authority to promulgate + regulations or set standards relating to the cybersecurity of + private sector critical infrastructure that was not in effect on + the day before the date of the enactment of this Act. + (2) Private entities.--Nothing in this section or the + amendments made by this section may be construed to require any + private entity to-- + (A) request assistance from the Director of the + Cybersecurity and Infrastructure Security Agency of the + Department of Homeland Security; or + (B) implement any measure or recommendation suggested by + the Director. +SEC. 1717. CYBERSECURITY STATE COORDINATOR. + (a) Cybersecurity State Coordinator.-- + (1) In general.--Subtitle A of title XXII of the Homeland + Security Act of 2002 (6 U.S.C. 651 et seq.) is amended-- + (A) in section 2202(c) (6 U.S.C. 652(c))-- + (i) in paragraph (10), by striking ``and'' at the end; + (ii) by redesignating paragraph (11) as paragraph (12); + and + (iii) by inserting after paragraph (10) the following: + ``(11) appoint a Cybersecurity State Coordinator in each State, + as described in section 2215; and''; and + (B) by adding at the end the following new section: +``SEC. 2215. CYBERSECURITY STATE COORDINATOR. + ``(a) Appointment.--The Director shall appoint an employee of the +Agency in each State, with the appropriate cybersecurity qualifications +and expertise, who shall serve as the Cybersecurity State Coordinator. + ``(b) Duties.--The duties of a Cybersecurity State Coordinator +appointed under subsection (a) shall include-- + ``(1) building strategic public and, on a voluntary basis, + private sector relationships, including by advising on establishing + governance structures to facilitate the development and maintenance + of secure and resilient infrastructure; + ``(2) serving as the Federal cybersecurity risk advisor and + supporting preparation, response, and remediation efforts relating + to cybersecurity risks and incidents; + ``(3) facilitating the sharing of cyber threat information to + improve understanding of cybersecurity risks and situational + awareness of cybersecurity incidents; + ``(4) raising awareness of the financial, technical, and + operational resources available from the Federal Government to non- + Federal entities to increase resilience against cyber threats; + ``(5) supporting training, exercises, and planning for + continuity of operations to expedite recovery from cybersecurity + incidents, including ransomware; + ``(6) serving as a principal point of contact for non-Federal + entities to engage, on a voluntary basis, with the Federal + Government on preparing, managing, and responding to cybersecurity + incidents; + ``(7) assisting non-Federal entities in developing and + coordinating vulnerability disclosure programs consistent with + Federal and information security industry standards; + ``(8) assisting State, local, Tribal, and territorial + governments, on a voluntary basis, in the development of State + cybersecurity plans; + ``(9) coordinating with appropriate officials within the + Agency; and + ``(10) performing such other duties as determined necessary by + the Director to achieve the goal of managing cybersecurity risks in + the United States and reducing the impact of cyber threats to non- + Federal entities. + ``(c) Feedback.--The Director shall consult with relevant State, +local, Tribal, and territorial officials regarding the appointment, and +State, local, Tribal, and territorial officials and other non-Federal +entities regarding the performance, of the Cybersecurity State +Coordinator of a State.''. + (2) Coordination plan.--Not later than 60 days after the date + of the enactment of this Act, the Director of the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security shall establish and submit to the Committee on Homeland + Security and Governmental Affairs in the Senate and the Committee + on Homeland Security in the House of Representatives a plan + describing the reporting structure and coordination processes and + procedures of Cybersecurity State Coordinators within the + Cybersecurity and Infrastructure Security Agency under section 2215 + of the Homeland Security Act of 2002, as added by paragraph (1)(B). + (3) Oversight.--The Director of the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security shall provide to the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on Homeland + Security of the House of Representatives a briefing on the + placement and efficacy of the Cybersecurity State Coordinators + appointed under section 2215 of the Homeland Security Act of 2002, + as added by paragraph (1)(B), and the coordination plan required + under paragraph (2)-- + (A) not later than one year after the date of enactment of + this Act; and + (B) not later than two years after providing the first + briefing under this paragraph. + (4) Rule of construction.--Nothing in this subsection or the + amendments made by this subsection may be construed to affect or + otherwise modify the authority of Federal law enforcement agencies + with respect to investigations relating to cybersecurity incidents. + (5) Clerical amendment.--The table of contents in section 1(b) + of the Homeland Security Act of 2002 is amended by inserting after + the item relating to section 2214 the following new item: + +``Sec. 2215. Cybersecurity State Coordinator.''. + + (b) Stakeholder Outreach and Operational Engagement Strategy and +Implementation Plan.-- + (1) Strategy.--Not later than one year after the date of the + enactment of this Act, the Director of the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security shall issue a strategy and subsequent implementation plan + to improve stakeholder outreach and operational engagement, + including the Agency's strategic and operational goals and + priorities for carrying out stakeholder engagement activities. + (2) Contents.--The stakeholder outreach and operational + engagement strategy and implementation plan issued pursuant to + paragraph (1) shall include the following: + (A) A catalogue of the stakeholder engagement services + delivered by the Cybersecurity and Infrastructure Security + Agency of the Department of Homeland Security, including the + regions of the stakeholder services delivered and the critical + infrastructure sectors (as such term is defined in section + 2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3)) + involved. + (B) An assessment of the capacity of programs of the Agency + to deploy personnel, including the adequacy of such personnel + to meet service requests and the ability of such personnel to + engage with and deliver services to stakeholders in urban, + suburban, and rural areas. + (C) Long-term objectives of such personnel, including + training of the workforce to optimize the capabilities of such + programs and capacity goals. + (D) A description of programs, policies, and activities + used to carry out such stakeholder engagement services under + subparagraph (A). + (E) Resources and personnel necessary to effectively + support critical infrastructure owners and operators and, as + appropriate, other entities, including non-profit + organizations, based on current and projected demand for Agency + services. + (F) Guidance on how outreach to critical infrastructure + owners and operators in a region should be prioritized. + (G) Plans to ensure that stakeholder engagement personnel + of the Agency have a clear understanding of expectations for + engagement within each critical infrastructure sector and + subsector, whether during steady state or surge capacity. + (H) Metrics for measuring how effective stakeholder + engagement services under subparagraph (A) are at furthering + the Agency's strategic and operational goals and priorities. + (I) Mechanisms to track regional engagement by personnel of + the Agency with critical infrastructure owners and operators, + and how frequently such engagement takes place. + (J) Plans for awareness campaigns to familiarize critical + infrastructure owners and operators with security resources and + support offered by the Cybersecurity and Infrastructure + Security Agency. + (K) A description of how to prioritize engagement with + critical infrastructure sectors based on threat information and + the capacity of such sectors to mitigate such threats + (L) Projected timelines, benchmarks, and resource + requirements to implement the Agency's strategic goals and + priorities. + (3) Stakeholder input.--In issuing the stakeholder outreach and + operational engagement strategy required under paragraph (1), the + Director of the Cybersecurity and Infrastructure Security Agency of + the Department of Homeland Security shall, to the extent + practicable, solicit input from stakeholders representing the + following: + (A) Each of the critical infrastructure sectors. + (B) Critical infrastructure owners and operators located in + each region in which the Agency maintains a field office. + (4) Oversight.--Upon issuance of the stakeholder outreach and + operational engagement strategy and implementation plan required + under paragraph (1), the Director of the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security shall submit to the Committee on Homeland Security of the + House of Representatives and the Committee on Homeland Security and + Governmental Affairs of the Senate such strategy and plan, together + with any associated legislative or budgetary proposals relating + thereto. +SEC. 1718. CYBERSECURITY ADVISORY COMMITTEE. + (a) In General.--Subtitle A of title XXII of the Homeland Security +Act of 2002 (6 U.S.C. 651 et seq.), as amended by section 1715 of this +Act, is further amended by adding at the end the following new section: +``SEC. 2216. CYBERSECURITY ADVISORY COMMITTEE. + ``(a) Establishment.--The Secretary shall establish within the +Agency a Cybersecurity Advisory Committee (referred to in this section +as the `Advisory Committee'). + ``(b) Duties.-- + ``(1) In general.--The Advisory Committee shall advise, consult + with, report to, and make recommendations to the Director, as + appropriate, on the development, refinement, and implementation of + policies, programs, planning, and training pertaining to the + cybersecurity mission of the Agency. + ``(2) Recommendations.-- + ``(A) In general.--The Advisory Committee shall develop, at + the request of the Director, recommendations for improvements + to advance the cybersecurity mission of the Agency and + strengthen the cybersecurity of the United States. + ``(B) Recommendations of subcommittees.--Recommendations + agreed upon by subcommittees established under subsection (d) + for any year shall be approved by the Advisory Committee before + the Advisory Committee submits to the Director the annual + report under paragraph (4) for that year. + ``(3) Periodic reports.--The Advisory Committee shall + periodically submit to the Director-- + ``(A) reports on matters identified by the Director; and + ``(B) reports on other matters identified by a majority of + the members of the Advisory Committee. + ``(4) Annual report.-- + ``(A) In general.--The Advisory Committee shall submit to + the Director an annual report providing information on the + activities, findings, and recommendations of the Advisory + Committee, including its subcommittees, for the preceding year. + ``(B) Publication.--Not later than 180 days after the date + on which the Director receives an annual report for a year + under subparagraph (A), the Director shall publish a public + version of the report describing the activities of the Advisory + Committee and such related matters as would be informative to + the public during that year, consistent with section 552(b) of + title 5, United States Code. + ``(5) Feedback.--Not later than 90 days after receiving any + recommendation submitted by the Advisory Committee under paragraph + (2), (3), or (4), the Director shall respond in writing to the + Advisory Committee with feedback on the recommendation. Such a + response shall include-- + ``(A) with respect to any recommendation with which the + Director concurs, an action plan to implement the + recommendation; and + ``(B) with respect to any recommendation with which the + Director does not concur, a justification for why the Director + does not plan to implement the recommendation. + ``(6) Congressional notification.--Not less frequently than + once per year after the date of enactment of this section, the + Director shall provide to the Committee on Homeland Security and + Governmental Affairs and the Committee on Appropriations of the + Senate and the Committee on Homeland Security, the Committee on + Energy and Commerce, and the Committee on Appropriations of the + House of Representatives a briefing on feedback from the Advisory + Committee. + ``(7) Governance rules.--The Director shall establish rules for + the structure and governance of the Advisory Committee and all + subcommittees established under subsection (d). + ``(c) Membership.-- + ``(1) Appointment.-- + ``(A) In general.--Not later than 180 days after the date + of enactment of the Cybersecurity Advisory Committee + Authorization Act of 2020, the Director shall appoint the + members of the Advisory Committee. + ``(B) Composition.--The membership of the Advisory + Committee shall consist of not more than 35 individuals. + ``(C) Representation.-- + ``(i) In general.--The membership of the Advisory + Committee shall satisfy the following criteria: + + ``(I) Consist of subject matter experts. + ``(II) Be geographically balanced. + ``(III) Include representatives of State, local, + and Tribal governments and of a broad range of + industries, which may include the following: + + ``(aa) Defense. + ``(bb) Education. + ``(cc) Financial services and insurance. + ``(dd) Healthcare. + ``(ee) Manufacturing. + ``(ff) Media and entertainment. + ``(gg) Chemicals. + ``(hh) Retail. + ``(ii) Transportation. + ``(jj) Energy. + ``(kk) Information Technology. + ``(ll) Communications. + ``(mm) Other relevant fields identified by the + Director. + ``(ii) Prohibition.--Not fewer than one member nor more + than three members may represent any one category under + clause (i)(III). + ``(iii) Publication of membership list.--The Advisory + Committee shall publish its membership list on a publicly + available website not less than once per fiscal year and + shall update the membership list as changes occur. + ``(2) Term of office.-- + ``(A) Terms.--The term of each member of the Advisory + Committee shall be two years, except that a member may continue + to serve until a successor is appointed. + ``(B) Removal.--The Director may review the participation + of a member of the Advisory Committee and remove such member + any time at the discretion of the Director. + ``(C) Reappointment.--A member of the Advisory Committee + may be reappointed for an unlimited number of terms. + ``(3) Prohibition on compensation.--The members of the Advisory + Committee may not receive pay or benefits from the United States + Government by reason of their service on the Advisory Committee. + ``(4) Meetings.-- + ``(A) In general.--The Director shall require the Advisory + Committee to meet not less frequently than semiannually, and + may convene additional meetings as necessary. + ``(B) Public meetings.--At least one of the meetings + referred to in subparagraph (A) shall be open to the public. + ``(C) Attendance.--The Advisory Committee shall maintain a + record of the persons present at each meeting. + ``(5) Member access to classified information.-- + ``(A) In general.--Not later than 60 days after the date on + which a member is first appointed to the Advisory Committee and + before the member is granted access to any classified + information, the Director shall determine, for the purposes of + the Advisory Committee, if the member should be restricted from + reviewing, discussing, or possessing classified information. + ``(B) Access.--Access to classified materials shall be + managed in accordance with Executive Order No. 13526 of + December 29, 2009 (75 Fed. Reg. 707), or any subsequent + corresponding Executive Order. + ``(C) Protections.--A member of the Advisory Committee + shall protect all classified information in accordance with the + applicable requirements for the particular level of + classification of such information. + ``(D) Rule of construction.--Nothing in this paragraph + shall be construed to affect the security clearance of a member + of the Advisory Committee or the authority of a Federal agency + to provide a member of the Advisory Committee access to + classified information. + ``(6) Chairperson.--The Advisory Committee shall select, from + among the members of the Advisory Committee-- + ``(A) a member to serve as chairperson of the Advisory + Committee; and + ``(B) a member to serve as chairperson of each subcommittee + of the Advisory Committee established under subsection (d). + ``(d) Subcommittees.-- + ``(1) In general.--The Director shall establish subcommittees + within the Advisory Committee to address cybersecurity issues, + which may include the following: + ``(A) Information exchange. + ``(B) Critical infrastructure. + ``(C) Risk management. + ``(D) Public and private partnerships. + ``(2) Meetings and reporting.--Each subcommittee shall meet not + less frequently than semiannually, and submit to the Advisory + Committee for inclusion in the annual report required under + subsection (b)(4) information, including activities, findings, and + recommendations, regarding subject matter considered by the + subcommittee. + ``(3) Subject matter experts.--The chair of the Advisory + Committee shall appoint members to subcommittees and shall ensure + that each member appointed to a subcommittee has subject matter + expertise relevant to the subject matter of the subcommittee.''. + (b) Clerical Amendment.--The table of contents in section 1(b) of +the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), +as so amended, is further amended by inserting after the item relating +to section 2215 the following new item: + +``Sec. 2216. Cybersecurity Advisory Committee.''. +SEC. 1719. CYBERSECURITY EDUCATION AND TRAINING ASSISTANCE PROGRAM. + (a) Authorities.--Section 2202(e)(1) of the Homeland Security Act +of 2002 (6 U.S.C. 652(e)(1)) is amended by adding at the end the +following new subparagraph: + ``(R) To encourage and build cybersecurity awareness and + competency across the United States and to develop, attract, + and retain the cybersecurity workforce necessary for the + cybersecurity related missions of the Department, including + by-- + ``(i) overseeing elementary and secondary cybersecurity + education and awareness related programs at the Agency; + ``(ii) leading efforts to develop, attract, and retain + the cybersecurity workforce necessary for the cybersecurity + related missions of the Department; + ``(iii) encouraging and building cybersecurity + awareness and competency across the United States; and + ``(iv) carrying out cybersecurity related workforce + development activities, including through-- + + ``(I) increasing the pipeline of future + cybersecurity professionals through programs focused on + elementary and secondary education, postsecondary + education, and workforce development; and + ``(II) building awareness of and competency in + cybersecurity across the civilian Federal Government + workforce.''. + + (b) Education, Training, and Capacity Development.--Section 2202(c) +of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended-- + (1) in paragraph (10), by striking ``and'' at the end; + (2) by redesignating paragraph (11) as paragraph (12); and + (3) by inserting after paragraph (10) the following new + paragraph: + ``(11) provide education, training, and capacity development to + Federal and non-Federal entities to enhance the security and + resiliency of domestic and global cybersecurity and infrastructure + security; and''. + (c) Establishment of Training Programs.--Subtitle A of title XXII +of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), as amended +by sections 1715 and 1718 of this Act, is further amended by adding at +the end the following new section: +``SEC. 2217. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS. + ``(a) Establishment.-- + ``(1) In general.--The Cybersecurity Education and Training + Assistance Program (referred to in this section as `CETAP') is + established within the Agency. + ``(2) Purpose.--The purpose of CETAP shall be to support the + effort of the Agency in building and strengthening a national + cybersecurity workforce pipeline capacity through enabling + elementary and secondary cybersecurity education, including by-- + ``(A) providing foundational cybersecurity awareness and + literacy; + ``(B) encouraging cybersecurity career exploration; and + ``(C) supporting the teaching of cybersecurity skills at + the elementary and secondary education levels. + ``(b) Requirements.--In carrying out CETAP, the Director shall-- + ``(1) ensure that the program-- + ``(A) creates and disseminates cybersecurity-focused + curricula and career awareness materials appropriate for use at + the elementary and secondary education levels; + ``(B) conducts professional development sessions for + teachers; + ``(C) develops resources for the teaching of cybersecurity- + focused curricula described in subparagraph (A); + ``(D) provides direct student engagement opportunities + through camps and other programming; + ``(E) engages with State educational agencies and local + educational agencies to promote awareness of the program and + ensure that offerings align with State and local curricula; + ``(F) integrates with existing post-secondary education and + workforce development programs at the Department; + ``(G) promotes and supports national standards for + elementary and secondary cyber education; + ``(H) partners with cybersecurity and education stakeholder + groups to expand outreach; and + ``(I) any other activity the Director determines necessary + to meet the purpose described in subsection (a)(2); and + ``(2) enable the deployment of CETAP nationwide, with special + consideration for underserved populations or communities. + ``(c) Briefings.-- + ``(1) In general.--Not later than 1 year after the + establishment of CETAP, and annually thereafter, the Secretary + shall brief the Committee on Homeland Security and Governmental + Affairs of the Senate and the Committee on Homeland Security of the + House of Representatives on the program. + ``(2) Contents.--Each briefing conducted under paragraph (1) + shall include-- + ``(A) estimated figures on the number of students reached + and teachers engaged; + ``(B) information on outreach and engagement efforts, + including the activities described in subsection (b)(1)(E); + ``(C) information on new curricula offerings and teacher + training platforms; and + ``(D) information on coordination with post-secondary + education and workforce development programs at the Department. + ``(d) Mission Promotion.--The Director may use appropriated amounts +to purchase promotional and recognition items and marketing and +advertising services to publicize and promote the mission and services +of the Agency, support the activities of the Agency, and to recruit and +retain Agency personnel.''. + (d) Clerical Amendment.--The table of contents in section 1(b) of +the Homeland Security Act of 2002, as so amended, is further amended by +inserting after the item relating to section 2216 the following new +item: + +``Sec. 2217. Cybersecurity Education and Training Programs.''. +SEC. 1720. FRAMEWORK FOR CYBER HUNT FORWARD OPERATIONS. + (a) Framework Required.--Not later than April 1, 2021, the +Secretary of Defense shall develop a standard, comprehensive framework +to enhance the consistency, execution, and effectiveness of cyber hunt +forward operations. + (b) Elements.--The framework developed pursuant to subsection (a) +shall include the following: + (1) Identification of the selection criteria for proposed cyber + hunt forward operations, including specification of necessary + thresholds for the justification of operations and thresholds for + partner cooperation. + (2) The roles and responsibilities of the following + organizations in the support of the planning and execution of cyber + hunt forward operations: + (A) United States Cyber Command. + (B) Service cyber components. + (C) The Office of the Under Secretary of Defense for + Policy. + (D) Geographic combatant commands. + (E) Cyber Operations-Integrated Planning Elements and Joint + Cyber Centers. + (F) Embassies and consulates of the United States. + (3) Pre-deployment planning guidelines to maximize the + operational success of each unique operation, including guidance + that takes into account the highly variable nature of the following + aspects at the tactical level: + (A) Team composition, including necessary skillsets, + recommended training, and guidelines on team size and + structure. + (B) Relevant factors to determine mission duration in a + country of interest. + (C) Agreements with partner countries required pre- + deployment. + (D) Criteria for potential follow-on operations. + (E) Equipment and infrastructure required to support the + missions. + (4) Metrics to measure the effectiveness of each operation, + including means to evaluate the value of discovered malware and + infrastructure, the effect on the adversary, and the potential for + future engagements with the partner country. + (5) Roles and responsibilities for United States Cyber Command + and the National Security Agency in the analysis of relevant + mission data. + (6) A detailed description of counterintelligence support for + cyber hunt forward operations. + (7) A standardized force presentation model across service + components and combatant commands. + (8) Review of active and reserve component personnel policies + to account for deployment and redeployment operations, including + the following: + (A) Global Force Management. + (B) Contingency, Exercise, and Deployment orders to be + considered for and applied towards deployment credit and + benefits. + (9) Such other matters as the Secretary determines relevant. + (c) Briefing.-- + (1) In general.--Not later than May 1, 2021, the Secretary of + Defense shall provide to the Committee on Armed Services of the + Senate and the Committee on Armed Services of the House of + Representatives a briefing on the framework developed pursuant to + subsection (a). + (2) Contents.--The briefing required by paragraph (1) shall + include the following: + (A) An overview of the framework developed pursuant to + subsection (a). + (B) An explanation of the tradeoffs associated with the use + of Department of Defense resources for cyber hunt forward + missions in the context of competing priorities. + (C) Such recommendations as the Secretary may have for + legislative action to improve the effectiveness of cyber hunt + forward missions. +SEC. 1721. RATIONALIZATION AND INTEGRATION OF PARALLEL CYBERSECURITY +ARCHITECTURES AND OPERATIONS. + (a) Review Required.--The Commander of United States Cyber Command, +with support from the Chief Information Officer of the Department of +Defense, the Chief Data Officer of the Department, the Principal Cyber +Advisor, the Vice Chairman of the Joint Chiefs of Staff, and the +Director of Cost Analysis and Program Evaluation, as well as the +Principal Cyber Advisors and the Chief Information Officers of the +military services, shall conduct a review of the Cybersecurity Service +Provider and Cyber Mission Force enterprises. + (b) Assessment and Identification of Redundancies and Gaps.--The +review required by subsection (a) shall assess and identify-- + (1) the optimal way to integrate the Joint Cyber Warfighting + Architecture and the Cybersecurity Service Provider architectures, + associated tools and capabilities, and associated concepts of + operations; + (2) redundancies and gaps in network sensor deployment and data + collection and analysis for the-- + (A) Big Data Platform; + (B) Joint Regional Security Stacks; and + (C) Security Information and Event Management capabilities; + (3) where integration, collaboration, and interoperability are + not occurring that would improve outcomes; + (4) baseline training, capabilities, competencies, operational + responsibilities, and joint concepts of operations for the Joint + Force Headquarters for the Department of Defense Information + Network, Cybersecurity Service Providers, and Cyber Protection + Teams; + (5) the roles and responsibilities of the Principal Cyber + Advisor, Chief Information Officer, and the Commander of United + States Cyber Command in establishing and overseeing the baselines + assessed and identified under paragraph (4); + (6) the optimal command structure for the military services' + and combatant commands' cybersecurity service providers and cyber + protection teams; + (7) the responsibilities of network owners and cybersecurity + service providers in mapping, configuring, instrumenting, and + deploying sensors on networks to best support response of cyber + protection teams when assigned to defend unfamiliar networks; and + (8) operational concepts and engineering changes to enhance + remote access and operations of cyber protection teams on networks + through tools and capabilities of the Cybersecurity Service + Providers. + (c) Recommendations for Fiscal Year 2023 Budget.--The Chief +Information Officer, the Chief Data Officer, the Commander of United +States Cyber Command, and the Principal Cyber Advisor shall jointly +develop recommendations for the Secretary of Defense in preparation of +the budget justification materials to be submitted to Congress in +support of the budget for the Department of Defense for fiscal year +2023 (as submitted with the budget of the President for such fiscal +year under section 1105(a) of title 31, United States Code). + (d) Progress Briefing.--Not later than March 31, 2021, the Chief +Information Officer, the Chief Data Officer, the Commander of United +States Cyber Command, and the Principal Cyber Advisor shall jointly +provide a briefing to the congressional defense committees on the +progress made in carrying out this section. +SEC. 1722. ASSESSING RISK TO NATIONAL SECURITY OF QUANTUM COMPUTING. + (a) Comprehensive Assessment and Recommendations Required.--Not +later than December 31, 2021, the Secretary of Defense shall-- + (1) complete a comprehensive assessment of the current and + potential threats and risks posed by quantum computing technologies + to critical national security systems, including-- + (A) an identification and prioritization of critical + national security systems at risk; + (B) an assessment of the standards of the National + Institute of Standards and Technology for quantum resistant + cryptography and the applicability of such standards to + cryptographic requirements of the Department of Defense; + (C) an assessment of the feasibility of alternate quantum- + resistant algorithms and features; and + (D) a description of any funding shortfalls in public and + private developmental efforts relating to quantum resistant + cryptography, standards, and models; and + (2) develop recommendations for research, development, and + acquisition activities, including resourcing schedules, for + securing the critical national security systems identified pursuant + to paragraph (1)(A) against quantum computing code-breaking + capabilities. + (b) Briefing.--Not later than February 1, 2022, the Secretary shall +brief the congressional defense committees on the assessment completed +under paragraph (1) of subsection (a) and the recommendations developed +under paragraph (2) of such subsection. +SEC. 1723. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS. + (a) Study.-- + (1) In general.--Not later than 120 days after the date of the + enactment of this Act, the Secretary of the Navy and the Chief of + Naval Operations, in consultation with the Commander of United + States Cyber Command, shall submit to the congressional defense + committees a study of the Navy Cyber Warfare Development Group + (NCWDG). + (2) Elements.--The study required under paragraph (1) shall + include the following: + (A) An examination of NCWDG's structure, manning, authorities, funding, and operations. - (2) A review of organizational relationships both within - the Navy and to other Department of Defense organizations, as - well as non-Department of Defense organizations. - (3) Recommendations for how the NCWDG can be strengthened + (B) A review of organizational relationships-- + (i) within the Navy; and + (ii) to other Department of Defense organizations, as + well as non-Department of Defense organizations. + (C) Recommendations for how the NCWDG can be strengthened and improved, without growth in size. - (c) Designation.--Notwithstanding any other provision of law, the + (D) Such other information as determined necessary or + appropriate by the Secretary of the Navy. + (3) Release.-- + (A) To congress.--Not later than 7 days after completion of + the study required under paragraph (1), the Secretary of the + Navy shall brief the congressional defense committees on the + findings of the study. + (B) To service services.-- The Secretary of the Navy shall + transmit to the secretaries of the military services and the + Assistant Secretary of Defense for Special Operations and + Irregular Warfare the study required under paragraph (1). + (b) Designation.--Notwithstanding any other provision of law, the Secretary of the Navy shall designate the NCWDG as a screened command. - (d) Release.--The Secretary of the Navy shall transmit the study -required under subsection (a) to the secretaries of the military -services and the Commander of United States Special Operations Command. - (e) Exemplar.--The service secretaries and the Commander of United -States Special Operations Command are authorized to establish -counterpart tailored cyberspace operations organizations of comparable -size to the NCWDG within the military service or command, respectively, -of each such secretary and Commander. Such counterpart organizations -shall have the same authorities as the NCWDG. Not later than 30 days -after receipt by each of the service secretaries and the Commander -under subsection (d) of the study required under subsection (a), each -such service secretary and Commander, as the case may be, shall brief -the congressional defense committees regarding whether or not each such -service secretary or Commander intends to utilize the authority under -this subsection. - -SEC. 1624. RESPONSIBILITY FOR THE SECTOR RISK MANAGEMENT AGENCY - FUNCTION OF THE DEPARTMENT OF DEFENSE. - - (a) Definitions.-- - (1) In general.--In this section: - (A) Critical infrastructure.--The term ``critical - infrastructure'' has the meaning given such term in - section 1016(e) of the Uniting and Strengthening - America by Providing Appropriate Tools Required to - Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act - of 2001 (42 U.S.C. 5195c(e)). - (B) Sector risk management agency.--The term - ``Sector Risk Management Agency'' means a Federal - department or agency designated as a Sector Specific - Agency under Presidential Policy Directive-21 to be - responsible for providing institutional knowledge and - specialized expertise to, as well as leading, - facilitating, or supporting, the security and - resilience programs and associated activities of its - designated critical infrastructure sector in the all- - hazards environment. - (2) Reference.--Any reference to a Sector-Specific Agency - in any law, regulation, map, document, record, or other paper - of the United States shall be deemed to be a reference to the - Sector Risk Management Agency of the Federal Government for the - relevant critical infrastructure sector. + (c) Authority to Replicate.--After review of the study required +under subsection (a) and consulting the Commander of United States +Cyber Command in accordance with procedures established by the +Secretary of Defense, the secretaries of the military services may +establish tailored cyberspace operations organizations of comparable +size to NCWDG within the military service, respectively, of each such +secretary. Such counterpart organizations shall have the same +authorities as the NCWDG. On behalf of United States Special Operations +Command, the Assistant Secretary of Defense for Special Operations and +Irregular Warfare may authorize a tailored cyberspace operations +organization within United States Special Operations Command of similar +size and equivalent authorities as NCWDG. + (d) Briefing to Congress.--Not later than 180 days after the date +of the enactment of this Act, the secretaries of the military services +and the Assistant Secretary of Defense for Special Operations and +Irregular Warfare shall brief the congressional defense committees on-- + (1) the utilization of the authority provided pursuant to + subsection (c); and + (2) if appropriate based on such utilization, details on how + the military service, respectively, of each such secretary intends + to establish tailored cyberspace operations organizations. +SEC. 1724. RESPONSIBILITY FOR CYBERSECURITY AND CRITICAL INFRASTRUCTURE +PROTECTION OF THE DEFENSE INDUSTRIAL BASE. + (a) Critical Infrastructure Defined.--In this section, the term +``critical infrastructure'' has the meaning given such term in section +1016(e) of the Uniting and Strengthening America by Providing +Appropriate Tools Required to Intercept and Obstruct Terrorism (USA +PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)). (b) Designation.--The Secretary of Defense shall designate the -Principal Cyber Advisor of the Department of Defense as the lead -official, and the Office of the Principal Cyber Advisor as the lead -component, for the Department's role and functions as the Sector Risk -Management Agency for the Defense Industrial Base. - (c) Responsibilities.--As the lead official for the Department of -Defense's Sector Risk Management Agency functions, the Principal Cyber -Advisor of the Department shall be responsible for all activities -performed by the Department in its support of the Defense Industrial -Base, as one of the critical infrastructure sectors of the United -States. Such activities shall include the following: - (1) Synchronization, harmonization, de-confliction, and - management for the execution of all Department programs, - initiatives, efforts, and communication related to the - Department's Sector Risk Management Agency function, including - any Department program, initiative, or effort that addresses - the cybersecurity of the Defense Industrial Base. - (2) Leadership and management of the Defense Industrial - Base Government Coordinating Council. - (3) Direct interface and sponsorship of the Defense - Industrial Base Sector Coordinating Council. - (4) Organization of quarterly in-person meetings of both - the Defense Industrial Base Government Coordinating Council and - the Defense Industrial Base Sector Coordinating Council. +Principal Cyber Advisor of the Department of Defense as the +coordinating authority for cybersecurity issues relating to the defense +industrial base. + (c) Responsibilities.--As the coordinating authority for +cybersecurity issues relating to the defense industrial base, the +Principal Cyber Advisor of the Department of Defense shall synchronize, +harmonize, de-conflict, and coordinate all policies and programs +germane to defense industrial base cybersecurity, including the +following: + (1) The Sector Specific Agency functions under Presidential + Policy Directive-21 the Department of Defense has assigned to the + Under Secretary of Defense for Policy for implementation. + (2) The Under Secretary of Defense for Acquisition and + Sustainment's policies and programs germane to contracting and + contractual enforcement as such relate to cybersecurity assessment + and assistance, and industrial base health and security. + (3) The Under Secretary of Defense for Intelligence and + Security's policies and programs germane to physical security, + information security, industrial security, acquisition security and + cybersecurity, all source intelligence, classified threat + intelligence sharing related to defense industrial base + cybersecurity activities, counterintelligence, and foreign + ownership control or influence, including the Defense Intelligence + Agency and National Security Agency support provided to the + Department of Defense - Defense Industrial Base Collaborative + Information Sharing Environment and cyber intrusion damage + assessment analysis as part of defense industrial base + cybersecurity activities. + (4) The Department of Defense Chief Information Officer's + policies and programs for cybersecurity standards and integrating + cybersecurity threat intelligence-sharing activities and enhancing + Department of Defense and defense industrial base cyber situational + awareness. + (5) The Under Secretary of Defense for Research and + Engineering's policies and programs germane to protection planning + requirements of emerging technologies as such relate to + cybersecurity assessment and assistance, and industrial base health + and security. + (6) Other Department of Defense components' policies and + programs germane to the cybersecurity of the defense industrial + base, including the policies and programs of the military services + and the combatant commands. (d) Additional Functions.--In carrying out this section, the Principal Cyber Advisor of the Department of Defense shall-- - (1) coordinate with relevant Federal departments and - agencies, and collaborate with critical infrastructure owners - and operators, where appropriate with independent regulatory - agencies, and with State, local, territorial, and Tribal - entities, as appropriate; - (2) serve as a day-to-day Federal interface for the dynamic - prioritization and coordination of sector-specific activities; - (3) carry out incident management responsibilities; - (4) provide, support, or facilitate technical assistance - and consultations for the Defense Industrial Base to identify - cyber or physical vulnerabilities and help mitigate incidents, - as appropriate; and - (5) support the statutorily required reporting requirements - of such relevant Federal departments and agencies by providing - to such departments and agencies on an annual basis sector- - specific critical infrastructure information. - -SEC. 1625. DEPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS. - + (1) coordinate or facilitate coordination with relevant Federal + departments and agencies, defense industrial base entities, + independent regulatory agencies, and with State, local, + territorial, and Tribal entities, as appropriate; + (2) facilitate or coordinate the provision of incident + management support to defense industrial base entities, as + appropriate; + (3) facilitate or coordinate the provision of technical + assistance to and consultations with defense industrial base + entities to identify cyber or cyber-physical vulnerabilities and + minimize the damage of potential incidents, as appropriate; and + (4) support or facilitate the supporting of the statutorily + required reporting requirements of such relevant Federal + departments and agencies by providing or facilitating the provision + to such departments and agencies on an annual basis relevant + critical infrastructure information, as appropriate. + (e) Department of Defense Roles and Responsibilities.--No later +than 180 days after the date of the enactment of this Act, the +Secretary of Defense shall brief the Committees on Armed Services of +the Senate and the House of Representatives on the following issues: + (1) A plan for implementation of this section, including an + assessment of the roles and responsibilities of entities across the + Department of Defense and mechanisms and processes for coordination + of policy and programs germane to defense industrial base + cybersecurity. + (2) An analysis of the feasibility and advisability of + separating cybersecurity Sector Specific Agency functions under + Presidential Policy Directive-21 from non-cybersecurity Sector + Specific Agency functions. + (3) Regarding the non-cybersecurity Sector Specific Agency + functions the Department has assigned to the Under Secretary of + Defense for Policy for implementation, the implications of + reassigning such responsibilities to the Under Secretary of Defense + for Acquisition and Sustainment. +SEC. 1725. PILOT PROGRAM ON REMOTE PROVISION BY NATIONAL GUARD TO +NATIONAL GUARDS OF OTHER STATES OF CYBERSECURITY TECHNICAL ASSISTANCE +IN TRAINING, PREPARATION, AND RESPONSE TO CYBER INCIDENTS. + (a) Pilot Program Authorized.-- + (1) In general.--The Secretary of Defense may conduct a pilot + program to assess the feasibility and advisability of the + development of a capability in support of Department of Defense + missions within the National Guard through which a National Guard + of a State remotely provides National Guards of other States + (whether or not in the same Armed Force as the providing National + Guard) with cybersecurity technical assistance in training, + preparation, and response to cyber incidents. + (2) Termination.--The authorization under paragraph (1) to + conduct the pilot program expires 24 months after the date of the + enactment of this Act. + (b) Assessment Prior to Commencement.--For purposes of the pilot +program described in subsection (a), the Secretary of Defense shall, +prior to commencing the pilot program, for purposes of evaluating +existing platforms, technologies, and capabilities under subsection +(c), and for establishing eligibility and participation requirements +under such subsection-- + (1) conduct an assessment of-- + (A) existing cyber response capacities of the Army National + Guard or Air National Guard, as applicable, in each State; and + (B) any existing platform, technology, or capability of a + National Guard that provides the capability described in + subsection (a)(1); + (2) determine whether a platform, technology, or capability + referred to in subparagraph (B) is suitable for expansion for + purposes of the pilot program; and + (3) assess potential benefits or impact on the missions, the + Total Force, the Cyber Operations Forces, and the cyber + infrastructure of the Department of Defense. + (c) Elements.--The pilot program described in subsection (a) may +include the following: + (1) A technical capability that enables the National Guard of a + State to remotely provide cybersecurity technical assistance to + National Guards of other States, without the need to deploy outside + its home State. + (2) The development of policies, processes, procedures, and + authorities for use of such a capability, including with respect to + the following: + (A) The roles and responsibilities of both requesting and + deploying National Guards with respect to such technical + assistance, taking into account the matters specified in + subsection (g). + (B) Necessary updates to the Defense Cyber Incident + Coordinating Procedure, or any other applicable Department of + Defense instruction, for purposes of implementing such a + capability. + (C) Program management and governance structures for + deployment and maintenance of such a capability. + (D) Security when performing remote support, including in + matters such as authentication and remote sensing. + (3) The conduct, in consultation with the Secretary of Homeland + Security and the Director of the Federal Bureau of Investigation, + the heads of other Federal agencies, and appropriate non-Federal + entities, as appropriate, of at least one exercise to demonstrate + such a capability, which exercise shall include the following: + (A) Participation of not fewer than the National Guards of + two different States. + (B) Circumstances designed to test and validate the + policies, processes, procedures, and authorities developed + pursuant to paragraph (2). + (d) Use of Existing Technology.--The Secretary of Defense may use +an existing platform, technology, or capability to provide the +technical capability described in subsection (a)(1) under the pilot +program. + (e) Eligibility and Participation Requirements.--The Secretary of +Defense shall, in consultation with the Chief of the National Guard +Bureau, establish requirements with respect to eligibility and +participation of National Guards in the pilot program. + (g) Construction With Certain Current Authorities.-- + (1) Command authorities.--Nothing in this section may be + construed as affecting or altering the command authorities + otherwise applicable to any unit of the National Guard + participating in the pilot program. + (2) Emergency management assistance compact.--Nothing in this + section may be construed as affecting or altering any current + agreement under the Emergency Management Assistance Compact, or any + other State agreements, or as determinative of the future content + of any such agreement. + (h) Evaluation Metrics.--The Secretary of Defense shall establish +metrics to evaluate the effectiveness of the pilot program. + (i) Term.--The pilot program under subsection (b) shall terminate +not later than the date that is three years after the date of the +commencement of the pilot program. + (j) Reports.-- + (1) Initial report.--Not later than 180 days after the date of + the commencement of the pilot program, the Secretary of Defense + shall submit to the appropriate committees of Congress and the + Secretary of Homeland Security an initial report setting forth a + description of the pilot program and such other matters in + connection with the pilot program as the Secretary considers + appropriate. + (2) Final report.--Not later than 180 days after the + termination of the pilot program, the Secretary of Defense shall + submit to the appropriate committees of Congress and the Secretary + of Homeland Security a final report on the pilot program. The final + report shall include the following: + (A) A description of the pilot program, including any + partnerships entered into under the pilot program. + (B) A summary of the assessment performed prior to the + commencement of the pilot program in accordance with subsection + (b). + (C) A summary of the evaluation metrics established in + accordance with subsection (h), including how the pilot program + contributes directly to Department of Defense missions. + (D) An assessment of the effectiveness of the pilot + program, and of the capability described in subsection (c)(1) + under the pilot program. + (E) A description of costs associated with the + implementation and conduct of the pilot program. + (F) A recommendation as to the value of the pilot program, + including whether to authorize a permanent program modeled on + the pilot program, including whether the pilot program + duplicates the remote operating concept and capabilities of + active duty cyber operations forces. + (G) An estimate of the costs of making the pilot program + permanent and expanding it nationwide in accordance with the + recommendation in subparagraph (F). + (H) Such recommendations for legislative or administrative + action as the Secretary considers appropriate in light of the + pilot program. + (3) Appropriate committees of congress defined.--In this + subsection, the term ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services and the Committee on + Homeland Security of the House of Representatives; and + (B) the Committee on Armed Services and the Committee on + Homeland Security and Governmental Affairs of the Senate. + (k) State Defined.--In this section, the term ``State'' means each +of the several States, the District of Columbia, the Commonwealth of +Puerto Rico, American Samoa, Guam, the United States Virgin Islands, +and the Commonwealth of the Northern Mariana Islands. +SEC. 1726. DEPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS. (a) Resources for Cyber Education.-- - (1) In general.--The Chief Information Officer of the - Department of Defense, in consultation with the Director of the - National Security Agency (NSA), shall examine the current - policies permitting National Security Agency employees to use - up to 140 hours of paid time toward NSA's cyber education - programs. - (2) Report.-- - (A) In general.--Not later than 90 days after the - date of the enactment of this Act, the Chief - Information Officer shall submit to the congressional - defense committees and the congressional intelligence - committees a strategy for expanding the policies - described in paragraph (1) to-- - (i) individuals who occupy positions - described in section 1599f of title 10, United - States Code; and - (ii) any other individuals who the Chief - Information Officer determines appropriate. - (B) Implementation plan.--The report required under - subparagraph (A) shall detail the utilization of the - policies in place at the National Security Agency, as - well as an implementation plan that describes the - mechanisms needed to expand the use of such policies to - accommodate wider participation by individuals - described in such subparagraph. Such implementation - plan shall detail how such individuals would be able to - connect to the instructional and participatory - opportunities available through the efforts, programs, - initiatives, and investments accounted for in the - report required under section 1649 of the National - Defense Authorization Act for Fiscal Year 2020 (Public - Law 116-92), including the following programs: - (i) GenCyber. - (ii) Centers for Academic Excellence - - Cyber Defense. - (iii) Centers for Academic Excellence - - Cyber Operations. - (C) Deadline.--Not later than 120 days after the - submission of the report required under subparagraph - (A), the Chief Information Officer of the Department of - Defense shall carry out the implementation plan - contained in such report. + (1) In general.--The Chief Information Officer of the + Department of Defense, in consultation with the Director of the + National Security Agency (NSA), shall examine the current policies + permitting National Security Agency employees to use up to 140 + hours of paid time toward NSA's cyber education programs. + (2) Report.-- + (A) In general.--Not later than 90 days after the date of + the enactment of this Act, the Chief Information Officer shall + submit to the congressional defense committees and the + congressional intelligence committees a strategy for expanding + the policies described in paragraph (1) to-- + (i) individuals who occupy positions described in + section 1599f of title 10, United States Code; and + (ii) any other individuals who the Chief Information + Officer determines appropriate. + (B) Implementation plan.--The report required under + subparagraph (A) shall detail the utilization of the policies + in place at the National Security Agency, as well as an + implementation plan that describes the mechanisms needed to + expand the use of such policies to accommodate wider + participation by individuals described in such subparagraph. + Such implementation plan shall detail how such individuals + would be able to connect to the instructional and participatory + opportunities available through the efforts, programs, + initiatives, and investments accounted for in the report + required under section 1649 of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92), + including the following programs: + (i) GenCyber. + (ii) Centers for Academic Excellence - Cyber Defense. + (iii) Centers for Academic Excellence - Cyber + Operations. + (C) Deadline.--Not later than 120 days after the submission + of the report required under subparagraph (A), the Chief + Information Officer of the Department of Defense shall carry + out the implementation plan contained in such report. (b) Improving the Training With Industry Program.-- - (1) In general.--Not later than 120 days after the date of - the enactment of this Act, the Principal Cyber Advisor of the - Department of Defense, in consultation with the Principal Cyber - Advisors of the military services and the Under Secretary of - Defense for Personnel and Readiness, shall submit to the - congressional defense committees a review of the current - utilization and utility of the Training With Industry (TWI) - programs, including relating to the following: - (A) Recommendations regarding how to improve and - better utilize such programs, including regarding - individuals who have completed such programs. - (B) An implementation plan to carry out such - recommendations. - (2) Additional.--Not later than 90 days after the - submission of the report required under paragraph (1), the - Principal Cyber Advisor of the Department of Defense shall - carry out the implementation plan required under paragraph (1). + (1) In general.--Not later than 120 days after the date of the + enactment of this Act, the Principal Cyber Advisor of the + Department of Defense, in consultation with the Principal Cyber + Advisors of the military services and the Under Secretary of + Defense for Personnel and Readiness, shall submit to the Secretary + of Defense and the congressional defense committees a review of the + current utilization and utility of the Training With Industry (TWI) + programs, including relating to the following: + (A) Recommendations regarding how to improve and better + utilize such programs, including regarding individuals who have + completed such programs. + (B) An implementation plan to carry out such + recommendations. + (2) Additional.--Not later than 90 days after the submission of + the report required under paragraph (1), the Secretary of Defense + shall carry out such elements of the implementation plan required + under paragraph (1)(B) as the Secretary considers appropriate and + notify the congressional defense committees of the determinations + of the Secretary relating thereto. (c) Alignment of Cybersecurity Training Programs.-- - (1) In general.--Not later than 120 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the congressional defense committees a report - containing recommendations on how cybersecurity training - programs described in section 1649 of the National Defense - Authorization Act for Fiscal Year 2020 can be better aligned - and harmonized. - (2) Report.--The report required under paragraph (1) shall - provide recommendations concerning the following topics and - information: - (A) Developing a comprehensive mechanism for - utilizing and leveraging the Cyber Excepted Service - workforce of the Department of Defense referred to in - subsection (a), as well as mechanisms for military - participation. - (B) Unnecessary redundancies in such programs, or - in any related efforts, initiatives, or investments. - (C) Mechanisms for tracking participation and - transition of participation from one such program to - another. - (D) Department level oversight and management of - such programs. - (3) Cyber workforce pipeline and early childhood - education.-- - (A) Elements.--The Secretary of Defense shall, when - completing the report required under paragraph (1), - take into consideration existing Federal childhood - cyber education programs, including the programs - identified in the report required under section 1649 of - the National Defense Authorization Act for Fiscal Year - 2020 (Public Law 116-92) and the Department of Homeland - Security's Cybersecurity Education and Training - Assistance Program (CETAP), that can provide - opportunities to military-connected students and - members of the Armed Forces to pursue cyber careers. - (B) Definition.--In this paragraph, the term - ``military-connected student'' means an individual - who-- - (i) is a dependent a member of the Armed - Forces serving on active duty; and - (ii) is enrolled in a preschool, an - elementary or secondary school, or an - institution of higher education. - -SEC. 1626. REPORTING REQUIREMENTS FOR CROSS DOMAIN COMPROMISES AND - EXEMPTIONS TO POLICIES FOR INFORMATION TECHNOLOGY. - - (a) Compromise Reporting.-- - (1) In general.--Effective beginning in October 2020, the - Secretary of Defense and the secretaries of the military - services shall submit to the congressional defense committees a - monthly report in writing that documents each instance or - indication of a cross-domain compromise within the Department - of Defense. - (2) Procedures.--The Secretary of Defense shall submit to - the congressional defense committees procedures for complying - with the requirements of subsection (a) consistent with the - national security of the United States and the protection of - operational integrity. The Secretary shall promptly notify such - committees in writing of any changes to such procedures at - least 14 days prior to the adoption of any such changes. - (3) Definition.--In this subsection, the term ``cross - domain compromise'' means any unauthorized connection between - software, hardware, or both designed for use on a network or - system built for classified data and the public internet. + (1) In general.--Not later than 120 days after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + congressional defense committees a report containing + recommendations on how cybersecurity training programs described in + section 1649 of the National Defense Authorization Act for Fiscal + Year 2020 can be better aligned and harmonized. + (2) Report.--The report required under paragraph (1) shall + provide recommendations concerning the following topics and + information: + (A) Developing a comprehensive mechanism for utilizing and + leveraging the Cyber Excepted Service workforce of the + Department of Defense referred to in subsection (a), as well as + mechanisms for military participation. + (B) Unnecessary redundancies in such programs, or in any + related efforts, initiatives, or investments. + (C) Mechanisms for tracking participation and transition of + participation from one such program to another. + (D) Department level oversight and management of such + programs. + (3) Cyber workforce pipeline and early childhood education.-- + (A) Elements.--The Secretary of Defense shall, when + completing the report required under paragraph (1), take into + consideration existing Federal childhood cyber education + programs, including the programs identified in the report + required under section 1649 of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92) and + the Department of Homeland Security's Cybersecurity Education + and Training Assistance Program (CETAP), that can provide + opportunities to military-connected students and members of the + Armed Forces to pursue cyber careers. + (B) Definition.--In this paragraph, the term ``military- + connected student'' means an individual who-- + (i) is a dependent a member of the Armed Forces serving + on active duty; and + (ii) is enrolled in a preschool, an elementary or + secondary school, or an institution of higher education. +SEC. 1727. REPORTING REQUIREMENTS FOR CROSS DOMAIN INCIDENTS AND +EXEMPTIONS TO POLICIES FOR INFORMATION TECHNOLOGY. + (a) Incident Reporting.-- + (1) In general.--Effective beginning on the date of the + enactment of this Act, the Secretary of Defense and the secretaries + of the military services shall submit to the congressional defense + committees a monthly report in writing that documents each instance + or indication of a cross-domain incident within the Department of + Defense. + (2) Procedures.--The Secretary of Defense shall submit to the + congressional defense committees procedures for complying with the + requirements of paragraph (1) consistent with the national security + of the United States and the protection of operational integrity. + The Secretary shall promptly notify such committees in writing of + any changes to such procedures at least 14 days prior to the + adoption of any such changes. + (3) Definition.--In this subsection, the term ``cross domain + incident'' means any unauthorized connection of any duration + between software, hardware, or both that is either used on, or + designed for use on a network or system built for classified data, + and systems not accredited or authorized at the same or higher + classification level, including systems on the public internet, + regardless of whether the unauthorized connection is later + determined to have resulted in the exfiltration, exposure, or + spillage of data across the cross domain connection. (b) Exemptions to Policy for Information Technology.--Not later -than 6 months after the date of the enactment of this Act and +than six months after the date of the enactment of this Act and biannually thereafter, the Secretary of Defense and the secretaries of the military services shall submit to the congressional defense committees a report in writing that enumerates and details each current @@ -37265,128 +40055,173 @@ exemption to information technology policy, interim Authority To Operate (ATO) order, or both. Each such report shall include other relevant information pertaining to each such exemption, including relating to the following: - (1) Risk categorization. - (2) Duration. - (3) Estimated time remaining. - -SEC. 1627. ASSESSING PRIVATE-PUBLIC COLLABORATION IN CYBERSECURITY. - + (1) Risk categorization. + (2) Duration. + (3) Estimated time remaining. +SEC. 1728. ASSESSING PRIVATE-PUBLIC COLLABORATION IN CYBERSECURITY. (a) Requirement.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall-- - (1) conduct a review and assessment of any ongoing public- - private collaborative initiatives involving the Department of - Defense and the private sector related to cybersecurity and - defense of critical infrastructure, including-- - (A) the United States Cyber Command's Pathfinder - initiative and any derivative initiative; - (B) the Department's support to and integration - with existing Federal cybersecurity centers and - organizations; and - (C) comparable initiatives led by other Federal - departments or agencies that support long-term public- - private cybersecurity collaboration; and - (2) make recommendations for improvements and the - requirements and resources necessary to institutionalize and - strengthen the initiatives described in subparagraphs (A) - through (C) of paragraph (1). + (1) conduct a review and assessment of any ongoing public- + private collaborative initiatives involving the Department of + Defense and the private sector related to cybersecurity and defense + of critical infrastructure, including-- + (A) the United States Cyber Command's Pathfinder initiative + and any derivative initiative; + (B) the Department's support to and integration with + existing Federal cybersecurity centers and organizations; and + (C) comparable initiatives led by other Federal departments + or agencies that support long-term public-private cybersecurity + collaboration; and + (2) make recommendations for improvements and the requirements + and resources necessary to institutionalize and strengthen the + initiatives described in subparagraphs (A) through (C) of paragraph + (1). (b) Report.-- - (1) In general.--The Secretary of Defense shall submit to - the congressional defense committees a report on the review, - assessment, and recommendations under subsection (a). - (2) Form.--The report required under paragraph (1) may be - submitted in unclassified or classified form, as necessary. + (1) In general.--The Secretary of Defense shall submit to the + congressional defense committees a report on the review, + assessment, and recommendations under subsection (a). + (2) Form.--The report required under paragraph (1) may be + submitted in unclassified or classified form, as necessary. (c) Definition.--In this section, the term ``critical infrastructure'' has the meaning given such term in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)). - -SEC. 1628. CYBER CAPABILITIES AND INTEROPERABILITY OF THE NATIONAL - GUARD. - - (a) Evaluation.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense, in conjunction with -the Chief of the National Guard Bureau, shall submit to the -congressional defense committees, the Committee on Appropriations of -the House of Representatives, and the Committee on Appropriations of -the Senate a review of the statutes, rules, regulations, and standards -that pertain to the use of the National Guard for the response to and -recovery from significant cyber incidents. - (b) Recommendations.--The review required under subsection (a) -shall address the following: - (1) Regulations promulgated under section 903 of title 32, - United States Code, to allow the National Guard to conduct - homeland defense activities that the Secretary of Defense - determines to be necessary and appropriate in accordance with - section 902 of such title in response to a cyber attack. - (2) Compulsory guidance from the Chief of the National - Guard Bureau regarding how the National Guard shall collaborate - with the Cybersecurity and Infrastructure Security Agency of - the Department of Homeland Security and the Federal Bureau of - Investigation of the Department of Justice through multi-agency - task forces, information-sharing groups, incident response - planning and exercises, and other relevant forums and - activities. - (3) A plan for how the Chief of the National Guard Bureau - will collaborate with the Secretary of Homeland Security to - develop an annex to the National Cyber Incident Response Plan - that details the regulations and guidance described in - paragraphs (1) and (2). - (c) Definition.--The term ``significant cyber incident'' means a +SEC. 1729. CYBER CAPABILITIES AND INTEROPERABILITY OF THE NATIONAL +GUARD. + (a) Evaluation.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + congressional defense committees, the Committee on Homeland + Security and Governmental Affairs of the Senate, and the Committee + on Homeland Security of the House of Representatives an evaluation + of the statutes, rules, regulations and standards that pertain to + the use of the National Guard for the response to and recovery from + significant cyber incidents. + (2) Consideration of inputs.--In conducting the evaluation + under paragraph (1), the Secretary of Defense shall consult with + the Secretary of Homeland Security and may solicit and consider + inputs from the following: + (A) The heads of Federal agencies determined appropriate by + the Secretary of Defense. + (B) State governors. + (C) The heads of other non-Federal entities as determined + appropriate by the Secretary of Defense. + (b) Elements of Evaluation.--The evaluation required under +subsection (a) shall include review of the following: + (1) Regulations promulgated under section 903 of title 32, + United States Code, to clarify when and under what conditions the + National Guard could respond to a cyber attack as a homeland + defense activity under section 902 of such title. + (2) Guidance promulgated regarding how units of the National + Guard shall collaborate with relevant civil, law enforcement, and + cybersecurity agencies when conducting a homeland defense activity + under section 902 of title 32, United States Code. + (c) Update to Certain Regulations and Guidance.--If the Secretary +of Defense determines such is appropriate based on the evaluation +required under subsection (a) and the review described in subsection +(b), the Secretary shall update-- + (1) the regulations referred to in subsection (b)(1); and + (2) the guidance referred to in subsection (b)(2). + (d) Update to the National Cyber Incident Response Plan.--Not later +than 270 days after the date of the enactment of this Act, the +Secretary of Homeland Security, in coordination with the Secretary of +Defense, may update the National Cyber Incident Response Plan to +address any changes made by the Secretary of Defense to the roles and +responsibilities of the National Guard for the response to and recovery +from significant cyber incidents. + (e) Joint Briefings.--Not later than 300 days after the date of the +enactment of this Act, the Secretary of Defense and the Secretary of +Homeland Security shall jointly brief the congressional defense +committees, the Committee on Homeland Security and Governmental Affairs +of the Senate and the Committee on Homeland Security of the House of +Representatives on the following: + (1) The results of the evaluation required under subsection + (a)(1), including the utilization of any input provided to the + Secretary of Defense pursuant to subsection (a)(2). + (2) Any updated regulations or guidance in accordance with + subsection (c). + (3) Any update by the Secretary of Homeland Security to the + National Cyber Incident Response Plan pursuant to subsection (d). + (4) How the Department of Defense, including the National + Guard, and the Department of Homeland Security, including the + Cybersecurity and Infrastructure Security Agency and the Federal + Emergency Management Agency, will collaborate with each other and + with relevant law enforcement, State governments, and other non- + Federal entities when responding to and recovering from significant + cyber incidents. + (f) Definition.--The term ``significant cyber incident'' means a cyber incident that results, or several related cyber incidents that result, in demonstrable harm to-- - (1) the national security interests, foreign relations, or - economy of the United States; or - (2) the public confidence, civil liberties, or public - health and safety of the American people. - -SEC. 1629. EVALUATION OF NON-TRADITIONAL CYBER SUPPORT TO THE - DEPARTMENT OF DEFENSE. - + (1) the national security interests, foreign relations, or + economy of the United States; or + (2) the public confidence, civil liberties, or public health + and safety of the American people. +SEC. 1730. EVALUATION OF NON-TRADITIONAL CYBER SUPPORT TO THE +DEPARTMENT OF DEFENSE. (a) Requirement.--Not later than 270 days after the date of the enactment of this Act, the Principal Cyber Advisor to the Secretary of Defense, in conjunction with the Under Secretary for Personnel and Readiness of the Department of Defense and the Principal Cyber Advisors -of the military services, shall complete an assessment and evaluation -of reserve models tailored to the support of cyberspace operations for -the Department. - (b) Evaluation Components.--The assessment and evaluation required -under subsection (a) shall include the following components: - (1) A current assessment of reserve and National Guard - support to Cyber Operations Forces. - (2) An enumeration and evaluation of various reserve, - National Guard, auxiliary, and non-traditional support models - which are applicable to cyberspace operations, including a - consideration of models utilized domestically and - internationally. - (3) A utility assessment of a dedicated reserve cadre - specific to United States Cyber Command and Cyber Operations - Forces. - (4) An analysis of the costs associated with the models - evaluated pursuant to paragraph (2). - (5) An assessment of the recruitment programs necessary for - implementation of the models evaluated pursuant to paragraph - (2). - (b) Report.-- - (1) In general.--The Secretary of Defense, acting through - the Principal Cyber Advisor of the Department of Defense, shall - submit to the congressional defense committees a report on the - assessment and evaluation required under subsection (a). - (2) Form.--The report required under paragraph (1) may be - submitted in classified or unclassified form, as necessary. - -SEC. 1630. ESTABLISHMENT OF INTEGRATED CYBER CENTER. - - (a) In General.--Not later than 180 days after the date of the +of the military services, shall submit to the congressional defense +committees an evaluation of reserve models tailored to the support of +cyberspace operations for the Department. + (b) Elements.--The evaluation conducted under subsection (a) shall +include assessment of the following: + (1) The capabilities and deficiencies in military and civilian + personnel with needed cybersecurity expertise, and the quantity of + personnel with such expertise, within the Department. + (2) The potential for a uniformed, civilian, or mixed cyber + reserve force to remedy shortfalls in expertise and capacity. + (3) The ability of the Department to attract the personnel with + the desired expertise to either a uniformed or civilian cyber + reserve force. + (4) The number of personnel, their skills, additional + infrastructure required, funding, and the composition of a cyber + reserve force that would be required to meet the needs of the + Department. + (5) Alternative models for establishing a cyber reserve force, + including the following: + (A) A traditional uniformed military reserve component. + (B) A nontraditional uniformed military reserve component, + with respect to drilling and other requirements such as + grooming and physical fitness. + (C) Nontraditional civilian cyber reserve options. + (D) Hybrid options. + (E) Models of reserve support used by international allies + and partners. + (6) The impact each of the cyber reserve models would have on + active duty and existing reserve forces, including the following: + (A) Recruiting. + (B) Promotion. + (C) Retention. + (D) Relocation. + (7) The impact each of the cyber reserve models would have on + the Cyber Operations Forces total force, including the following: + (A) Cyber operations forces training. + (B) Cyber operations forces individual and unit readiness. + (C) Cyber operations forces training ranges and cyber + warfighting architectures. + (D) Infrastructure supporting Cyber Operations Forces. + (8) The impact each of the cyber reserve models would have on + the private sector, particularly during and immediately after a + major cyber incident. + (9) An evaluation of work conducted to date by the Department + of Defense in response to the 2014 Report of the Reserve Forces + Policy Board on Department of Defense Cyber Approach: Use of the + National Guard and Reserve in the Cyber Mission Force. +SEC. 1731. INTEGRATED CYBERSECURITY CENTER PLAN. + (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall submit to the relevant congressional committees a report on Federal cybersecurity centers and the potential -for better coordination of Federal cyber efforts at an integrated cyber -center within the national cybersecurity and communications integration -center of the Department of Homeland Security established pursuant to -section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659). +for better coordination of Federal cybersecurity efforts at an +integrated cybersecurity center within the Cybersecurity and +Infrastructure Security Agency of the Department of Homeland Security +in furtherance of the functions specified in section 2209 of the +Homeland Security Act of 2002 (6 U.S.C. 659). (b) Contents.--To prepare the report required by subsection (a), the Secretary of Homeland Security shall aggregate information from components of the Department of Homeland Security with information @@ -37394,490 +40229,425 @@ provided to the Secretary of Homeland Security by the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence. Such aggregated information shall relate to the following topics: - (1) Any challenges regarding capacity and funding - identified by the Secretary of Homeland Security, the Director - of the Federal Bureau of Investigation, the Attorney General, - the Secretary of Defense, or the Director of National - Intelligence that negatively impact coordination with the - national cybersecurity and communications integration center of - the Department of Homeland Security in furtherance of the - security and resilience of critical infrastructure. - (2) Distinct statutory authorities identified by the - Secretary of Homeland Security, the Attorney General, the - Director of the Federal Bureau of Investigation, the Secretary - of Defense, or the Director of National Intelligence that - should not be leveraged by an integrated cyber center within - the national cybersecurity and communications integration - center. - (3) Any challenges associated with effective mission - coordination and deconfliction between the Cybersecurity and - Infrastructure Security Agency of the Department of Homeland - Security and other Federal agencies that could be addressed - with the creation of an integrated cyber center within the - national cybersecurity and communications integration center. - (4) How capabilities or missions of existing Federal cyber - centers could benefit from greater integration or collocation - to support cybersecurity collaboration with critical - infrastructure at an integrated cyber center within the - national cybersecurity and communications integration center, - including the following Federal cyber centers: - (A) The National Security Agency's Cyber Threat - Operations Center. - (B) United States Cyber Command's Joint Operations - Center. - (C) The Office of the Director of National - Intelligence's Cyber Threat Intelligence Integration - Center. - (D) The Federal Bureau of Investigation's National - Cyber Investigative Joint Task Force. - (E) The Department of Defense's Defense Cyber Crime - Center. - (F) The Office of the Director of National - Intelligence's Intelligence Community Security - Coordination Center. + (1) Any challenges regarding capacity and funding identified by + the Secretary of Homeland Security, the Director of the Federal + Bureau of Investigation, the Attorney General, the Secretary of + Defense, and the Director of National Intelligence that negatively + impact coordination with the Cybersecurity and Infrastructure + Security Agency of the Department of Homeland Security in + furtherance of the security and resilience of critical + infrastructure. + (2) Distinct statutory authorities identified by the Secretary + of Homeland Security, the Attorney General, the Director of the + Federal Bureau of Investigation, the Secretary of Defense, or the + Director of National Intelligence that should not be leveraged by + an integrated cybersecurity center within the Cybersecurity and + Infrastructure Security Agency. + (3) Any challenges associated with effective mission + coordination and deconfliction between the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security and other Federal agencies that could be addressed with + the creation of an integrated cybersecurity center within the + Cybersecurity and Infrastructure Security Agency. + (4) How capabilities or missions of existing Federal cyber + centers could benefit from greater integration or collocation to + support cybersecurity collaboration with critical infrastructure at + an integrated cybersecurity center within the Cybersecurity and + Infrastructure Security Agency, including the following Federal + cyber centers: + (A) The National Security Agency's Cyber Threat Operations + Center. + (B) United States Cyber Command's Joint Operations Center. + (C) Elements of the Office of the Director of National + Intelligence, as determined appropriate by the Director + (D) The Federal Bureau of Investigation's National Cyber + Investigative Joint Task Force. + (E) The Department of Defense's Defense Cyber Crime Center. (c) Elements.--The report required under subsection (a) shall-- - (1) identify any challenges regarding the Cybersecurity and - Infrastructure Security Agency's current authorities, - structure, resources, funding, ability to recruit and retain - its workforce, or interagency coordination that negatively - impact the ability of the Agency to fulfill its role as the - central coordinator for critical infrastructure cybersecurity - and resilience pursuant to its authorities under the Homeland - Security Act of 2002, and information on how establishing an - integrated cyber center within the national cybersecurity and - communications integration center would address such - challenges; - (2) identify any facility needs for the Cybersecurity and - Infrastructure Security Agency to adequately host personnel, - maintain sensitive compartmented information facilities, and - other resources to serve as the primary coordinating body - charged with forging whole-of-government, public-private - collaboration in cybersecurity, pursuant to such authorities; - (3) identify any lessons from the United Kingdom's National - Cybersecurity Center model to determine whether an integrated - cyber center within the Cybersecurity and Infrastructure - Security Agency should be similarly organized into an - unclassified environment and a classified environment; - (4) recommend any changes to procedures and criteria for - increasing and expanding the participation and integration of - public- and private-sector personnel into Federal cyber defense - and security efforts, including continuing limitations or - hurdles in the security clearance program for private sector - partners and integrating private sector partners into a - Cybersecurity and Infrastructure Security Agency integrated - cyber center; and - (5) propose policies, programs, or practices that could - overcome challenges identified in the aggregated information - under subsection (b), including the creation of an integrated - cyber center within the national cybersecurity and - communications integration center, accompanied by legislative - proposals, as appropriate. + (1) identify any challenges regarding the Cybersecurity and + Infrastructure Security Agency's current authorities, structure, + resources, funding, ability to recruit and retain its workforce, or + interagency coordination that negatively impact the ability of the + Agency to fulfill its role as the central coordinator for critical + infrastructure cybersecurity and resilience pursuant to its + authorities under the Homeland Security Act of 2002, and + information on how establishing an integrated cybersecurity center + within the Cybersecurity and Infrastructure Security Agency would + address such challenges; + (2) identify any facility needs for the Cybersecurity and + Infrastructure Security Agency to adequately host personnel, + maintain sensitive compartmented information facilities, and other + resources to serve as the primary coordinating body charged with + forging whole-of-government, public-private collaboration in + cybersecurity, pursuant to such authorities; + (3) identify any lessons from national-level efforts by United + States allies, such as the United Kingdom's National Cyber Security + Centre, to determine whether an integrated cybersecurity center + within the Cybersecurity and Infrastructure Security Agency should + be similarly organized into an unclassified environment and a + classified environment; + (4) recommend any changes to procedures and criteria for + increasing and expanding the participation and integration of + public- and private-sector personnel into Federal cyber defense and + security efforts, including continuing limitations or hurdles in + the security clearance program for private sector partners and + integrating private sector partners into a Cybersecurity and + Infrastructure Security Agency integrated cyber center; and + (5) propose policies, programs, or practices that could + overcome challenges identified in the aggregated information under + subsection (b), including the potential creation of an integrated + cybersecurity center within the Cybersecurity and Infrastructure + Security Agency, accompanied by legislative proposals, as + appropriate. (d) Plan.--Upon submitting the report pursuant to subsection (a), the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of -Investigation, and the Director of National Intelligence, shall develop -a plan to establish an integrated cyber center within the national -cybersecurity and communications integration center. - (e) Establishment.--Not later than 1 year after the submission of -the report required under subsection (a), the Secretary of Homeland -Security, in coordination with the Secretary of Defense, the Attorney -General, the Director of the Federal Bureau of Investigation, and the -Director of National Intelligence, shall begin establishing an -integrated cyber center in the national cybersecurity and -communications integration center. - (f) Annual Updates.--Beginning 1 year after the submission of the -report required under subsection (a) and annually thereafter, the -Secretary of Homeland Security, in coordination with the Secretary of -Defense, the Attorney General, the Director of the Federal Bureau of -Investigation, and the Director of National Intelligence, shall submit -to the relevant congressional committees updates regarding efforts to -establish and operate an integrated cyber center in the national -cybersecurity and communications integration center pursuant to -subsection (e), including information on progress made toward -overcoming any challenges identified in the report required by -subsection (a). - (g) Privacy Review.--The Privacy Officers of the Department of +Investigation, and the Director of National Intelligence, may submit to +the relevant congressional committees a plan to establish an integrated +cybersecurity center within the Cybersecurity and Infrastructure +Security Agency, if appropriate, or to implement other mechanisms for +improving cybersecurity coordination among the Federal cyber centers +specified in subsection (b)(4). + (e) Privacy Review.--The Privacy Officers of the Department of Homeland Security, the Department of Defense, the Department of Justice, and the Federal Bureau of Investigation, and the Director of National Intelligence shall review and provide to the relevant congressional committees comment, as appropriate, on each report and legislative proposal submitted under this section. - (h) Definition.--In this section, the term ``relevant congressional + (f) Definition.--In this section, the term ``relevant congressional committees'' means-- - (1) in the House of Representatives-- - (A) the Committee on Armed Services; - (B) the Committee on the Judiciary; - (C) the Permanent Select Committee on Intelligence; - and - (D) the Committee on Homeland Security; and - (2) in the Senate-- - (A) the Committee on Armed Services; - (B) the Committee on the Judiciary; - (C) the Select Committee on Intelligence; and - (D) the Committee on Homeland Security and - Governmental Affairs. - -SEC. 1631. CYBER THREAT INFORMATION COLLABORATION ENVIRONMENT. - - (a) In General.--In consultation with the Cyber Threat Data -Standards and Interoperability Council established pursuant to -subsection (d), the Secretary of Homeland Security, in coordination -with the Secretary of Defense and the Director of National Intelligence -(acting through the Director of the National Security Agency), shall -develop an information collaboration environment and associated -analytic tools that enable entities to identify, mitigate, and prevent -malicious cyber activity to-- - (1) provide limited access to appropriate operationally - relevant data about cybersecurity risks and cybersecurity - threats, including malware forensics and data from network - sensor programs, on a platform that enables query and analysis; - (2) allow such tools to be used in classified and - unclassified environments drawing on classified and - unclassified data sets; - (3) enable cross-correlation of data on cybersecurity risks - and cybersecurity threats at the speed and scale necessary for - rapid detection and identification; - (4) facilitate a comprehensive understanding of - cybersecurity risks and cybersecurity threats; and - (5) facilitate collaborative analysis between the Federal - Government and private sector critical infrastructure entities - and information and analysis organizations. - (b) Implementation of Information Collaboration Environment.-- - (1) Evaluation.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Homeland Security, - acting through the Director of the Cybersecurity and - Infrastructure Security Agency of the Department of Homeland - Security, in coordination with the Secretary of Defense and the - Director of National Intelligence (acting through the Director - of the National Security Agency), shall-- - (A) identify, inventory, and evaluate existing - Federal sources of classified and unclassified - information on cybersecurity threats; - (B) evaluate current programs, applications, or - platforms intended to detect, identify, analyze, and - monitor cybersecurity risks and cybersecurity threats; - and - (C) coordinate with private sector critical - infrastructure entities and, as determined appropriate - by the Secretary of Homeland Security, in consultation - with the Secretary of Defense, other private sector - entities, to identify private sector cyber threat - capabilities, needs, and gaps. - (2) Implementation.--Not later than 1 year after the - evaluation required under paragraph (1), the Secretary of - Homeland Security, acting through the Director of the - Cybersecurity and Infrastructure Security Agency, in - coordination with the Secretary of Defense and the Director of - National Intelligence (acting through the Director of the - National Security Agency), shall begin implementation of the - information collaboration environment developed pursuant to - subsection (a) to enable participants in such environment to - develop and run analytic tools referred to in such subsection - on specified data sets for the purpose of identifying, - mitigating, and preventing malicious cyber activity that is a - threat to government and critical infrastructure. Such - environment and use of such tools shall-- - (A) operate in a manner consistent with relevant - privacy, civil rights, and civil liberties policies and - protections, including such policies and protections - established pursuant to section 1016 of the - Intelligence Reform and Terrorism Prevention Act of - 2004 (6 U.S.C. 485); - (B) account for appropriate data standards and - interoperability requirements, consistent with the - standards set forth in subsection (d); - (C) enable integration of current applications, - platforms, data, and information, including classified - information, in a manner that supports integration of - unclassified and classified information on - cybersecurity risks and cybersecurity threats; - (D) incorporate tools to manage access to - classified and unclassified data, as appropriate; - (E) ensure accessibility by entities the Secretary - of Homeland Security, in consultation with the - Secretary of Defense and the Director of National - Intelligence (acting through the Director of the - National Security Agency), determines appropriate; - (F) allow for access by critical infrastructure - stakeholders and other private sector partners, at the - discretion of the Secretary of Homeland Security, in - consultation with the Secretary of Defense; - (G) deploy analytic tools across classification - levels to leverage all relevant data sets, as - appropriate; - (H) identify tools and analytical software that can - be applied and shared to manipulate, transform, and - display data and other identified needs; and - (I) anticipate the integration of new technologies - and data streams, including data from government- - sponsored network sensors or network-monitoring - programs deployed in support of State, local, Tribal, - and territorial governments or private sector entities. - (c) Annual Review of Impacts on Privacy, Civil Rights, and Civil -Liberties.--The Secretary of Homeland Security and the Director of -National Intelligence (acting through the Director of the Cybersecurity -and Infrastructure Security Agency and the Director of the National -Security Agency, respectively) shall direct the Privacy, Civil Rights, -and Civil Liberties Officers of their respective agencies, in -consultation with Privacy, Civil Rights, and Civil Liberties Officers -of other Federal agencies participating in the information -collaboration environment, to conduct an annual review of the -information collaboration environment for compliance with fair -information practices and civil rights and civil liberties policies. -Each such report shall be-- - (1) unclassified, to the maximum extent possible, but may - contain a non-public or classified annex to protect sources or - methods and any other sensitive information restricted by - Federal law; - (2) with respect to the unclassified portions of each such - report, made available on the public internet websites of the - Department of Homeland Security and the Office of the Director - of National Intelligence-- - (A) not later than 30 days after submission to the - appropriate congressional committees; and - (B) in an electronic format that is fully indexed - and searchable; and - (3) with respect to a classified annex, submitted to the - appropriate congressional committees in an electronic format - that is fully indexed and searchable. - (d) Post-Deployment Assessment.--Not later than 2 years after the -implementation of the information collaboration environment under -subsection (b), the Secretary of Homeland Security, the Secretary of -Defense, and the Director of National Intelligence (acting through the -Director of the National Security Agency) shall jointly submit to te -appropriate congressional committees an assessment of whether to -include additional entities, including critical infrastructure -information sharing and analysis organizations, in such environment. - (e) Cyber Threat Data Standards and Interoperability Council.-- - (1) Establishment.--There is established an interagency - council, to be known as the ``Cyber Threat Data Standards and - Interoperability Council'' (in this subsection referred to as - the ``council''), chaired by the Secretary of Homeland - Security, to establish data standards and requirements for - public and private sector entities to participate in the - information collaboration environment developed pursuant to - subsection (a). - (2) Other membership.-- - (A) Principal members.--In addition to the - Secretary of Homeland Security, the council shall be - composed of the Director of the Cybersecurity and - Infrastructure Security Agency of the Department of - Homeland Security, the Secretary of Defense, and the - Director of National Intelligence (acting through the - Director of the National Security Agency). - (B) Additional members.--The President shall - identify and appoint council members from public and - private sector entities who oversee programs that - generate, collect, or disseminate data or information - related to the detection, identification, analysis, and - monitoring of cybersecurity risks and cybersecurity - threats, based on recommendations submitted by the - Secretary of Homeland Security, the Secretary of - Defense, and the Director of National Intelligence - (acting through the Director of the National Security - Agency). - (3) Data streams.--The council shall identify, designate, - and periodically update programs that shall participate in or - be interoperable with the information collaboration environment - developed pursuant to subsection (a), which may include the - following: - (A) Network-monitoring and intrusion detection - programs. - (B) Cyber threat indicator sharing programs. - (C) Certain government-sponsored network sensors or - network-monitoring programs. - (D) Incident response and cybersecurity technical - assistance programs. - (E) Malware forensics and reverse-engineering - programs. - (F) The defense industrial base threat intelligence - program of the Department of Defense. - (4) Data governance.--The council shall establish a - committee comprised of the privacy officers of the Department - of Homeland Security, the Department of Defense, and the - National Security Agency. Such committee shall establish - procedures and data governance structures, as necessary, to - protect sensitive data, comply with Federal regulations and - statutes, and respect existing consent agreements with private - sector critical infrastructure entities that apply to critical - infrastructure information. - (5) Recommendations.--The council shall, as appropriate, - submit recommendations to the President to support the - operation, adaptation, and security of the information - collaboration environment developed pursuant to subsection (a). - (f) No Additional Activities Authorized.--Nothing in section may be -construed to-- - (1) alter the responsibility of entities to follow - guidelines issued pursuant to section 105(b) of the - Cybersecurity Act of 2015 (6 U.S.C. 1504(b); enacted as - division N of the Consolidated Appropriations Act, 2016 (Public - Law 114-113)) with respect to data obtained by an entity in - connection with activities authorized under the Cybersecurity - Act of 2015 and shared through the information collaboration - environment developed pursuant to subsection (a); or - (2) authorize Federal or private entities to share - information in a manner not already permitted by law. - (g) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) in the House of Representatives-- - (i) the Permanent Select Committee on - Intelligence; - (ii) the Committee on Homeland Security; - (iii) the Committee on the Judiciary; and - (iv) the Committee on Armed Services; and - (B) in the Senate-- - (i) the Select Committee on Intelligence; - (ii) the Committee on Homeland Security and - Governmental Affairs; - (iii) the Committee on the Judiciary; and - (iv) the Committee on Armed Services. - (2) Critical infrastructure.--The term ``critical - infrastructure'' has the meaning given such term in section - 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)). - (3) Critical infrastructure information.--The term - ``critical infrastructure information'' has the meaning given - such term in section 2222 of the Homeland Security Act of 2002 - (6 U.S.C. 671). - (4) Cyber threat indicator.--The term ``cyber threat - indicator'' has the meaning given such term in section 102(6) - of the Cybersecurity Act of 2015 (enacted as division N of the - Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 - U.S.C. 1501(6))). - (5) Cybersecurity risk.--The term ``cybersecurity risk'' - has the meaning given such term in section 2209 of the Homeland - Security Act of 2002 (6 U.S.C. 659). - (6) Cybersecurity threat.--The term ``cybersecurity - threat'' has the meaning given such term in section 102(5) of - the Cybersecurity Act of 2015 (enacted as division N of the - Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 - U.S.C. 1501(5))). - (7) Information sharing and analysis organization.--The - term ``information sharing and analysis organization'' has the - meaning given such term in section 2222 of the Homeland - Security Act of 2002 (6 U.S.C. 671). - -SEC. 1632. DEFENSE INDUSTRIAL BASE PARTICIPATION IN A THREAT - INTELLIGENCE SHARING PROGRAM. - - (a) Definition.--In this section, the term ``defense industrial -base'' means the worldwide industrial complex with capabilities to -perform research and development, design, produce, deliver, and -maintain military weapon systems, subsystems, components, or parts to -meet military requirements. - (b) Defense Industrial Base Threat Intelligence Program.-- - (1) In general.--The Secretary of Defense shall establish a - threat intelligence program to share with and obtain from the - defense industrial base information and intelligence on threats - to national security. - (2) Program requirements.--At a minimum, the Secretary of - Defense shall ensure the threat intelligence sharing program - established pursuant to paragraph (1) includes the following: - (A) Cybersecurity incident reporting requirements - that-- - (i) extend beyond current mandatory - incident reporting requirements; - (ii) set specific timeframes for all - categories of such mandatory incident - reporting; and - (iii) create a single clearinghouse for all - such mandatory incident reporting to the - Department of Defense, including covered - unclassified information, covered defense - information, and classified information. - (B) A mechanism for developing a shared and real- - time picture of the threat environment. - (C) Joint, collaborative, and co-located analytics. - (D) Investments in technology and capabilities to - support automated detection and analysis across the - defense industrial base. - (E) Coordinated intelligence sharing with relevant - domestic law enforcement and counterintelligence - agencies, in coordination, respectively, with the - Director of the Federal Bureau of Investigation and the - Director of National Intelligence. - (F) A process for direct sharing of threat - intelligence related to a specific defense industrial - base entity with such entity. - (3) Existing information sharing programs.--The Secretary - of Defense may utilize an existing Department of Defense - information sharing program to satisfy the requirement under - paragraph (1) if such existing program includes, or is modified - to include, two-way sharing of threat information that is - specifically relevant to the defense industrial base, including - satisfying the requirements specified in paragraph (2). - (4) Intelligence queries.--As part of a threat intelligence - sharing program under this subsection, the Secretary of Defense - shall require defense industrial base entities holding a - Department of Defense contract to consent to queries of foreign - intelligence collection databases related to such entity as a - condition of such contract. - (c) Threat Intelligence Program Participation.-- - (1) Prohibition on procurement.--Beginning on the date that - is than 1 year after the date of the enactment of this Act, the - Secretary of Defense may not procure or acquire, or extend or - renew a contract to procure or acquire, any item, equipment, - system, or service from any entity that is not a participant - in-- - (A) the threat intelligence sharing program - established pursuant paragraph (1) of subsection (b); - or - (B) a comparably widely-utilized threat - intelligence sharing program described in paragraph (3) - of such subsection. - (2) Application to subcontractors.--No entity holding a - Department of Defense contract may subcontract any portion of - such contract to another entity unless that second entity-- - (A) is a participant in a threat intelligence - sharing program under this section; or - (B) has received a waiver pursuant to subsection - (d). - (3) Implementation.--In implementing the prohibition under - paragraph (1), the Secretary of Defense-- - (A) may create tiers of requirements and - participation within the applicable threat intelligence - sharing program referred to in such paragraph based - on-- - (i) an evaluation of the role of and - relative threats related to entities within the - defense industrial base; and - (ii) cybersecurity maturity model - certification level; and - (B) shall prioritize available funding and - technical support to assist entities as is reasonably - necessary for such entities to participate in a threat - intelligence sharing program under this section. - (d) Waiver Authority.-- - (1) Waiver.--The Secretary of Defense may waive the - prohibition under subsection (b)-- - (A) with respect to an entity or class of entities, - if the Secretary determines that the requirement to - participate in a threat intelligence sharing program - under this section is unnecessary to protect the - interests of the United States; or - (B) at the request of an entity, if the Secretary - determines there is compelling justification for such - waiver. - (2) Periodic reevaluation.--The Secretary of Defense shall - periodically reevaluate any waiver issued pursuant to paragraph - (1) and promptly revoke any waiver the Secretary determines is - no longer warranted. - (e) Regulations.-- - (1) Rulemaking authority.--Not later than 180 days after - the date of the enactment of this Act, the Secretary of Defense - shall promulgate such rules and regulations as are necessary to - carry out this section. - (2) CMMC harmonization.--The Secretary of Defense shall - ensure that the threat intelligence sharing program - requirements set forth in the rules and regulations promulgated - pursuant to paragraph (1) consider an entity's maturity and - role within the defense industrial base, in accordance with the - maturity certification levels established in the Department of - Defense Cybersecurity Maturity Model Certification program. - -SEC. 1633. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE INDUSTRIAL - SUPPLY CHAIN ON MATTERS RELATING TO CYBERSECURITY. - + (1) in the House of Representatives-- + (A) the Committee on Armed Services; + (B) the Committee on the Judiciary; + (C) the Permanent Select Committee on Intelligence; and + (D) the Committee on Homeland Security; and + (2) in the Senate-- + (A) the Committee on Armed Services; + (B) the Committee on the Judiciary; + (C) the Select Committee on Intelligence; and + (D) the Committee on Homeland Security and Governmental + Affairs. +SEC. 1732. ASSESSMENT OF CYBER OPERATIONAL PLANNING AND DECONFLICTION +POLICIES AND PROCESSES. + (a) Assessment.--Not later than August 1, 2021, the Principal Cyber +Advisor of the Department of Defense and the Commander of United States +Cyber Command shall jointly, in coordination with the Under Secretary +of Defense for Policy, the Under Secretary of Defense for Intelligence +and Security, and the Chairman of the Joint Chiefs of Staff, conduct +and complete an assessment on the operational planning and +deconfliction policies and processes that govern cyber operations of +the Department of Defense. + (b) Elements.--The assessment required by subsection (a) shall +include evaluations as to whether-- + (1) the joint targeting cycle and relevant operational and + targeting databases are suitable for the conduct of timely and + well-coordinated cyber operations; + (2) each of the policies and processes in effect to facilitate + technical, operational, and capability deconfliction are + appropriate for the conduct of timely and effective cyber + operations; + (3) intelligence gain-loss decisions made by Cyber Command are + sufficiently well-informed and made in timely fashion; + (4) relevant intelligence data and products are consistently + available and distributed to relevant planning and operational + elements in Cyber Command; + (5) collection operations and priorities meet the operational + requirements of Cyber Command; and + (6) authorities relevant to intelligence, surveillance, and + reconnaissance and operational preparation of the environment are + delegated to the appropriate level. + (c) Briefing.--Not later than September 1, 2021, the Principal +Cyber Advisor and the Commander of United States Cyber Command shall +provide to the Committee on Armed Services of the Senate and the +Committee on Armed Services of the House of Representatives a briefing +on the findings of the assessment completed under subsection (a), +including discussion of planned policy and process changes, if any, +relevant to cyber operations. +SEC. 1733. PILOT PROGRAM ON CYBERSECURITY CAPABILITY METRICS. + (a) Pilot Program Required.--The Secretary of Defense, acting +through the Chief Information Officer of the Department of Defense and +the Commander of United States Cyber Command, shall conduct a pilot +program to assess the feasibility and advisability of developing and +using speed-based metrics to measure the performance and effectiveness +of security operations centers and cyber security service providers in +the Department of Defense. + (b) Requirements.-- + (1) Development of metrics.--(A) Not later than July 1, 2021, + the Chief Information Officer and the Commander shall jointly + develop metrics described in subsection (a) to carry out the pilot + program under such subsection. + (B) The Chief Information Officer and the Commander shall + ensure that the metrics developed under subparagraph (A) are + commensurate with the representative timelines of nation-state + and non-nation-state actors when gaining access to, and + compromising, Department networks. + (2) Use of metrics.--(A) Not later than December 1, 2021, the + Secretary shall, in carrying out the pilot program required by + subsection (a), begin using the metrics developed under paragraph + (1) of this subsection to assess select security operations centers + and cyber security service providers, which the Secretary shall + select specifically for purposes of the pilot program, for a period + of not less than four months. + (B) In carrying out the pilot program under subsection (a), + the Secretary shall evaluate the effectiveness of operators, + capabilities available to operators, and operators' tactics, + techniques, and procedures. + (c) Authorities.--In carrying out the pilot program under +subsection (a), the Secretary may-- + (1) assess select security operations centers and cyber + security service providers-- + (A) over the course of their mission performance; or + (B) in the testing and accreditation of cybersecurity + products and services on test networks designated pursuant to + section 1658 of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92); and + (2) assess select elements' use of security orchestration and + response technologies, modern endpoint security technologies, Big + Data Platform instantiations, and technologies relevant to zero + trust architectures. + (d) Briefing.-- + (1) In general.--Not later than March 1, 2022, the Secretary + shall brief the Committee on Armed Services of the Senate and the + Committee on Armed Services of the House of Representatives on the + findings of the Secretary with respect to the pilot program + required by subsection (a). + (2) Elements.--The briefing provided under paragraph (1) shall + include the following: + (A) The pilot metrics developed under subsection (b)(1). + (B) The findings of the Secretary with respect to the + assessments carried out under subsection (b)(2). + (C) An analysis of the utility of speed-based metrics in + assessing security operations centers and cyber security + service providers. + (D) An analysis of the utility of the extension of the + pilot metrics to or speed-based assessment of the Cyber Mission + Forces. + (E) An assessment of the technical and procedural measures + that would be necessary to meet the speed-based metrics + developed and applied in the pilot program. +SEC. 1734. ASSESSMENT OF EFFECT OF INCONSISTENT TIMING AND USE OF +NETWORK ADDRESS TRANSLATION IN DEPARTMENT OF DEFENSE NETWORKS. + (a) In General.--Not later than March 1, 2021, the Chief +Information Officer of the Department of Defense shall conduct +comprehensive assessments as follows: + (1) Timing variability in department networks.--The Chief + Information Officer shall characterize-- + (A) timing variability across Department information + technology and operational technology networks, appliances, + devices, applications, and sensors that generate time-stamped + data and metadata used for cybersecurity purposes; + (B) how timing variability affects current, planned, and + potential capabilities for detecting network intrusions that + rely on correlating events and the sequence of events; and + (C) how to harmonize standard of timing across Department + networks. + (2) Use of network address translation.--The Chief Information + Officer shall characterize-- + (A) why and how the Department is using Network Address + Translation (NAT) and multiple layers and nesting of Network + Address Translation; + (B) how using Network Address Translation affects the + ability to link malicious communications detected at various + network tiers to specific endpoints or hosts to enable prompt + additional investigations, quarantine decisions, and + remediation activities; and + (C) what steps and associated cost and schedule are + necessary to eliminate the use of Network Address Translation + or to otherwise provide transparency to network defenders, + including options to accelerate the transition from Internet + Protocol version 4 to Internet Protocol version 6. + (b) Recommendation.--The Chief Information Officer and the +Principal Cyber Advisor shall submit to the Secretary of Defense a +recommendation to address the assessments conducted under subsection +(a), including whether and how to revise the cyber strategy of the +Department. + (c) Briefing.--Not later than April 1, 2021, the Chief Information +Officer shall brief the congressional defense committees on the +findings of the Chief Information Officer with respect to the +assessments conducted under subsection (a) and the recommendation +submitted under subsection (b). +SEC. 1735. INTEGRATION OF DEPARTMENT OF DEFENSE USER ACTIVITY +MONITORING AND CYBERSECURITY. + (a) Integration of Plans, Capabilities, and Systems.--The Secretary +of Defense shall integrate the plans, capabilities, and systems for +user activity monitoring, and the plans, capabilities, and systems for +endpoint cybersecurity and the collection of metadata on network +activity for cybersecurity to enable mutual support and information +sharing. + (b) Requirements.--In carrying out subsection (a), the Secretary +shall-- + (1) consider using the Big Data Platform instances that host + cybersecurity metadata for storage and analysis of all user + activity monitoring data collected across the Department of Defense + Information Network at all security classification levels; + (2) develop policies and procedures governing access to user + activity monitoring data or data derived from user activity + monitoring by cybersecurity operators; and + (3) develop processes and capabilities for using metadata on + host and network activity for user activity monitoring in support + of the insider threat mission. + (c) Congressional Briefing.--Not later than October 1, 2021, the +Secretary shall provide a briefing to the congressional defense +committees on actions taken to carry out this section. +SEC. 1736. DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR ARCHITECTURE +PLAN. + (a) Defense Industrial Base Cybersecurity Sensor Architecture +Program Assessment.--Not later than 180 days after the date of the +enactment of this Act, the Principal Cyber Advisor of the Department of +Defense, in consultation with the Chief Information Officer of the +Department, the Under Secretary of Defense for Acquisition and +Sustainment, the Under Secretary of Defense for Intelligence and +Security, and the Commander of United States Cyber Command, shall +complete an assessment of the feasibility, suitability, and resourcing +required to establish a Defense Industrial Base Cybersecurity Sensor +Architecture Program, responsible for deploying commercial-off-the- +shelf solutions to remotely monitor the public-facing internet attack +surface of the defense industrial base. + (b) Elements.--The assessment required under subsection (a) shall +include the following: + (1) Definition of an architecture, concept of operations, and + governance structure that-- + (A) will allow for the instrumentation and collection of + cybersecurity data on the public-facing internet attack + surfaces of defense industrial base contractors in a manner + that is compatible with the Department's existing or future + capabilities for analysis, and instrumentation and collection, + as appropriate, of cybersecurity data within the Department of + Defense Information Network; + (B) includes the expected scale, schedule, and guiding + principles of deployment; + (C) is consistent with the defense industrial base + cybersecurity policies and programs of the Under Secretary of + Defense for Acquisition and Sustainment and the Chief + Information Officer; and + (D) includes an acquisition strategy for sensor + capabilities that optimizes required capability, scalability, + cost, and intelligence and cybersecurity requirements. + (2) Roles and responsibilities of the persons referred to in + subsection (a) in implementing and executing the plan. + (c) Consultation.--In conducting the assessment required under +subsection (a), the Principal Cyber Advisor shall consult with and +solicit recommendations from representative industry stakeholders +across the defense industrial base regarding the elements described in +subsection (b) and potential stakeholder costs of compliance. + (d) Briefing.--Upon completion of the assessment required under +subsection (a), the Principal Cyber Advisor shall provide a briefing to +the Committee on Armed Services of the Senate and the Committee on +Armed Services of the House of Representatives on the assessment. +SEC. 1737. ASSESSMENT ON DEFENSE INDUSTRIAL BASE PARTICIPATION IN A +THREAT INFORMATION SHARING PROGRAM. + (a) Defense Industrial Base Threat Information Program +Assessment.--Not later than 270 days after the date of the enactment of +this Act, the Secretary of Defense shall complete an assessment of the +feasibility, suitability, and definition of, and resourcing required to +establish, a defense industrial base threat information sharing program +to collaborate and share threat information with, and obtain threat +information from, the defense industrial base. + (b) Elements.--The assessment regarding the establishment of a +defense industrial base threat information sharing program under +subsection (a) shall include evaluation of the following: + (1) The feasibility and suitability of, and requirements for, + the establishment of a defense industrial base threat information + sharing program, including cybersecurity incident reporting + requirements applicable to the defense industrial base that-- + (A) extend beyond mandatory cybersecurity incident + reporting requirements as in effect on the day before the date + of the enactment of this Act; + (B) set specific, consistent timeframes for all categories + of cybersecurity incident reporting; + (C) establish a single clearinghouse for all mandatory + cybersecurity incident reporting to the Department of Defense, + including incidents involving covered unclassified information, + and classified information; and + (D) provide that, unless authorized or required by another + provision of law or the element of the defense industrial base + making the report consents, nonpublic information of which the + Department becomes aware only because of a report provided + pursuant to the program shall be disseminated and used only for + a cybersecurity purpose (as such term is defined in section 102 + of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. + 1501)) and in support of national defense activities. + (2) A mechanism for developing a shared and real-time picture + of the threat environment. + (3) Options for joint, collaborative, and co-located analytics. + (4) Possible investments in technology and capabilities to + support automated detection and analysis across the defense + industrial base. + (5) Coordinated information tipping, sharing, and + deconfliction, as necessary, with relevant Federal Government + agencies with similar information sharing programs. + (6) Processes for direct sharing of threat information related + to a specific defense industrial base entity with such entity. + (7) Mechanisms for providing defense industrial base entities + with clearances for national security information access, as + appropriate. + (8) Requirements to consent to queries of foreign intelligence + collection databases related to a specific defense industrial base + entity as a condition of participation in the threat information + sharing program. + (9) Recommendations with respect to threat information sharing + program participation, including the following: + (A) Incentives for defense industrial base entities to + participate in the threat information sharing program. + (B) Mandating minimum levels of threat information sharing + program participation for any entity that is part of the + defense industrial base. + (C) Procurement prohibitions on any defense industrial base + entity that are not in compliance with the requirements of the + threat information sharing program. + (D) Waiver authority and criteria. + (E) Adopting tiers of requirements for participation within + the threat information sharing program based on-- + (i) the role of and relative threats related to defense + industrial base entities; and + (ii) Cybersecurity Maturity Model Certification level. + (10) Options to utilize an existing federally recognized + information sharing program to satisfy the requirement for a threat + information sharing program if-- + (A) the existing program includes, or is modified to + include, two-way sharing of threat information that is + specifically relevant to the defense industrial base; and + (B) such a program is coordinated with other Federal + Government agencies with existing information sharing programs + where overlap occurs. + (11) Methods to encourage participation of defense industrial + base entities in appropriate private sector information sharing and + analysis centers (ISACs). + (12) Methods to coordinate collectively with defense industrial + base entities to consider methods for mitigating compliance costs. + (13) The resources needed, governance roles and structures + required, and changes in regulation or law needed for execution of + a threat information sharing program, as well as any other + considerations determined relevant by the Secretary. + (14) Identification of any barriers that would prevent the + establishment of a defense industrial base threat information + sharing program. + (c) Consultation.--In conducting the assessment required under +subsection (a), the Secretary of Defense shall consult with and solicit +recommendations from representative industry stakeholders across the +defense industrial base regarding the elements described in subsection +(b) and potential stakeholder costs of compliance. + (d) Determination and Briefing.--Upon completion of the assessment +required under subsection (a), the Secretary of Defense shall make a +determination regarding the establishment by the end of fiscal year +2021 of a defense industrial base threat information sharing program +and provide a briefing to the Committee on Armed Services of the Senate +and the Committee on Armed Services of the House of Representatives +on-- + (1) the findings of the Secretary with respect to such + assessment and such determination; and + (2) such implementation plans as the Secretary may have arising + from such findings. + (e) Implementation.--If the Secretary of Defense makes a positive +determination pursuant to subsection (d) of the feasibility and +suitability of establishing a defense industrial base threat +information sharing program, the Secretary shall establish such +program. Not later than 180 days after a positive determination, the +Secretary of Defense shall promulgate such rules and regulations as are +necessary to establish the defense industrial base threat information +sharing program under this section. +SEC. 1738. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE INDUSTRIAL +SUPPLY CHAIN ON MATTERS RELATING TO CYBERSECURITY. (a) In General.--Subject to the availability of appropriations, the Secretary of Defense, in consultation with the Director of the National Institute of Standards and Technology, may award financial assistance @@ -37889,10089 +40659,9153 @@ publish on the grants.gov website, or successor website, criteria for selecting recipients for financial assistance under this section. (c) Use of Financial Assistance.--Financial assistance under this section-- - (1) shall be used by a Center to provide small - manufacturers with cybersecurity services relating to-- - (A) compliance with the cybersecurity requirements - of the Department of Defense Supplement to the Federal - Acquisition Regulation, including awareness, - assessment, evaluation, preparation, and implementation - of cybersecurity services; and - (B) achieving compliance with the Cybersecurity - Maturity Model Certification framework of the - Department of Defense; and - (2) may be used by a Center to employ trained personnel to - deliver cybersecurity services to small manufacturers. + (1) shall be used by a Center to provide small manufacturers + with cybersecurity services, including-- + (A) compliance with the cybersecurity requirements of the + Department of Defense Supplement to the Federal Acquisition + Regulation, including awareness, assessment, evaluation, + preparation, and implementation of cybersecurity services; and + (B) achieving compliance with the Cybersecurity Maturity + Model Certification framework of the Department of Defense; and + (2) may be used by a Center to employ trained personnel to + deliver cybersecurity services to small manufacturers. (d) Biennial Reports.-- - (1) In general.--Not less frequently than once every 2 - years, the Secretary shall submit to the congressional defense - committees, the Committee on Commerce, Science, and - Transportation of the Senate, and the Committee on Science, - Space, and Technology of the House of Representatives a - biennial report on financial assistance awarded under this - section. - (2) Contents.--To the extent practicable, each report - submitted under paragraph (1) shall include the following with - respect to the years covered by the report: - (A) The number of small manufacturing companies - assisted. - (B) A description of the cybersecurity services - provided. - (C) A description of the cybersecurity matters - addressed. - (D) An analysis of the operational effectiveness - and cost-effectiveness of the cybersecurity services - provided. - (e) Termination.--The authority of the Secretary to award of -financial assistance under this section shall terminate on the date -that is 5 years after the date of the enactment of this Act. + (1) In general.--Not less frequently than once every two years, + the Secretary shall submit to the congressional defense committees, + 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 financial assistance awarded + under this section. + (2) Contents.--To the extent practicable, each report submitted + under paragraph (1) shall include the following with respect to the + years covered by each such report: + (A) The number of small manufacturers assisted. + (B) A description of the cybersecurity services provided. + (C) A description of the cybersecurity matters addressed. + (D) An analysis of the operational effectiveness and cost- + effectiveness of such cybersecurity services. + (e) Termination.--The authority of the Secretary to award financial +assistance under this section shall terminate on the date that is five +years after the date of the enactment of this section. (f) Definitions.--In this section: - (1) The term ``Center'' has the meaning given such term in - section 25(a) of the National Institute of Standards and - Technology Act (15 U.S.C. 278k(a)). - (2) The term ``small manufacturer'' has the meaning given - that tern in section 1644(g) of the John S. McCain National - Defense Authorization Act for Fiscal Year 2019 (Public Law 115- - 232; 10 U.S.C. 2224 note). - -SEC. 1634. DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT HUNTING AND - SENSING, DISCOVERY, AND MITIGATION. - - (a) Definition.--In this section: - (1) Defense industrial base.--The term ``defense industrial - base'' means the worldwide industrial complex with capabilities - to perform research and development, design, produce, deliver, - and maintain military weapon systems, subsystems, components, - or parts to meet military requirements. - (2) Advanced defense industrial base.--The term ``advanced - defense industrial base'' means any entity in the defense - industrial base holding a Department of Defense contract that - requires a cybersecurity maturity model certification of level - 4 or higher. - (b) Defense Industrial Base Cybersecurity Threat Hunting Study.-- - (1) In general.--Not later than 120 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the congressional defense committees a study of the - feasibility and resourcing required to establish the Defense - Industrial Base Cybersecurity Threat Hunting Program (in this - section referred to as the ``Program'') described in subsection - (c). - (2) Elements.--The study required under paragraph (1) - shall-- - (A) establish the resources necessary, governance - structures, and responsibility for execution of the - Program, as well as any other relevant considerations - determined by the Secretary; - (B) include a conclusive determination of the - Department of Defense's capacity to establish the - Program by the end of fiscal year 2021; and - (C) identify any barriers that would prevent such - establishment. - (c) Defense Industrial Base Cybersecurity Threat Hunting Program.-- - (1) In general.--Upon a positive determination of the - Program's feasibility pursuant to the study required under - subsection (b), the Secretary of Defense shall establish the - Program to actively identify cybersecurity threats and - vulnerabilities within the information systems, including - covered defense networks containing controlled unclassified - information, of entities in the defense industrial base. - (2) Program levels.--In establishing the Program in - accordance with paragraph (1), the Secretary of Defense shall - develop a tiered program that takes into account the following: - (A) The cybersecurity maturity of entities in the - defense industrial base. - (B) The role of such entities. - (C) Whether each such entity possesses controlled - unclassified information and covered defense networks. - (D) The covered defense information to which such - an entity has access as a result of contracts with the - Department of Defense. - (3) Program requirements.--The Program shall-- - (A) include requirements for mitigating any - vulnerabilities identified pursuant to the Program; - (B) provide a mechanism for the Department of - Defense to share with entities in the defense - industrial base malicious code, indicators of - compromise, and insights on the evolving threat - landscape; - (C) provide incentives for entities in the defense - industrial base to share with the Department of - Defense, including the National Security Agency's - Cybersecurity Directorate, threat and vulnerability - information collected pursuant to threat monitoring and - hunt activities; and - (D) mandate a minimum level of program - participation for any entity that is part of the - advanced defense industrial base. - (d) Threat Identification Program Participation.-- - (1) Prohibition on procurement.--If the Program is - established pursuant to subsection (c), beginning on the date - that is 1 year after the date of the enactment of this Act, the - Secretary of Defense may not procure or obtain, or extend or - renew a contract to procure or obtain, any item, equipment, - system, or service from any entity in the defense industrial - base that is not in compliance with the requirements of the - Program. - (2) Implementation.--In implementing the prohibition under - paragraph (1), the Secretary of Defense shall prioritize - available funding and technical support to assist affected - entities in the defense industrial base as is reasonably - necessary for such affected entities to commence participation - in the Program and satisfy Program requirements. - (3) Waiver authority.-- - (A) Waiver.--The Secretary of Defense may waive the - prohibition under paragraph (1)-- - (i) with respect to an entity or class of - entities in the defense industrial base, if the - Secretary determines that the requirement to - participate in the Program is unnecessary to - protect the interests of the United States; or - (ii) at the request of such an entity, if - the Secretary determines there is a compelling - justification for such waiver. - (B) Periodic reevaluation.--The Secretary of - Defense shall periodically reevaluate any waiver issued - pursuant to subparagraph (A) and revoke any such waiver - the Secretary determines is no longer warranted. - (e) Use of Personnel and Third-Party Threat Hunting and Sensing -Capabilities.--In carrying out the Program, the Secretary of Defense -may-- - (1) utilize Department of Defense personnel to hunt for - threats and vulnerabilities within the information systems of - entities in the defense industrial base that have an active - contract with Department of Defense; - (2) certify third-party providers to hunt for threats and - vulnerabilities on behalf of the Department of Defense; - (3) require the deployment of network sensing technologies - capable of identifying and filtering malicious network traffic; - or - (4) employ a combination of Department of Defense personnel - and third-party providers and tools, as the Secretary - determines necessary and appropriate, for the entity described - in paragraph (1). - (f) Regulations.-- - (1) Rulemaking authority.--Not later than 180 days after - the date of the enactment of this Act, the Secretary of Defense - shall promulgate such rules and regulations as are necessary to - carry out this section. - (2) CMMC harmonization.--In promulgating rules and - regulations pursuant to paragraph (1), the Secretary of Defense - shall consider how best to integrate the requirements of this - section with the Department of Defense Cybersecurity Maturity - Model Certification program. - -SEC. 1635. DEFENSE DIGITAL SERVICE. - + (1) Center.--The term ``Center'' has the meaning given such + term in section 25(a) of the National Institute of Standards and + Technology Act (15 U.S.C. 278k(a)). + (2) Small manufacturer.--The term ``small manufacturer'' has + the meaning given such term in section 1644(g) of the John S. + McCain National Defense Authorization Act for Fiscal Year 2019 + (Public Law 115-232; 10 U.S.C. 2224 note). +SEC. 1739. ASSESSMENT ON DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT +HUNTING PROGRAM. + (a) Assessment Required.--Not later than 270 days after the date of +the enactment of this Act, the Secretary of Defense shall complete an +assessment of the feasibility, suitability, definition of, and +resourcing required to establish a defense industrial base +cybersecurity threat hunting program to actively identify cybersecurity +threats and vulnerabilities within the defense industrial base. + (b) Elements.--The assessment required under section (a) shall +include evaluation of the following: + (1) Existing defense industrial base cybersecurity threat + hunting policies and programs, including the threat hunting + elements at each level of the compliance-based Cybersecurity + Maturity Model Certification program of the Department of Defense, + including requirements germane to continuous monitoring, discovery, + and investigation of anomalous activity indicative of a + cybersecurity incident. + (2) The suitability of a continuous cybersecurity threat + hunting program, as a supplement to the cyber hygiene requirements + of the Cybersecurity Maturity Model Certification, including + consideration of the following: + (A) Collection and analysis of metadata on network activity + to detect possible intrusions. + (B) Rapid investigation and remediation of possible + intrusions. + (C) Requirements for mitigating any vulnerabilities + identified pursuant to the cybersecurity threat hunting + program. + (D) Mechanisms for the Department of Defense to share with + entities in the defense industrial base malicious code, + indicators of compromise, and insights on the evolving threat + landscape. + (3) Recommendations with respect to cybersecurity threat + hunting program participation of prime contractors and + subcontractors, including relating to the following: + (A) Incentives for defense industrial base entities to + share with the Department of Defense threat and vulnerability + information collected pursuant to threat monitoring and hunting + activities. + (B) Mandating minimum levels of program participation for + any defense industrial base entity. + (C) Procurement prohibitions on any defense industrial base + entity that is not in compliance with the requirements of the + cybersecurity threat hunting program. + (D) Waiver authority and criteria. + (E) Consideration of a tiered cybersecurity threat hunting + program that takes into account the following: + (i) The cybersecurity maturity of defense industrial + base entities. + (ii) The roles of such entities. + (iii) Whether each such entity possesses classified + information or controlled unclassified information and + covered defense networks. + (iv) The covered defense information to which each such + entity has access as a result of contracts with the + Department of Defense. + (4) Whether the continuous cybersecurity threat-hunting program + described in paragraph (2) should be conducted by-- + (A) qualified prime contractors or subcontractors; + (B) accredited third-party cybersecurity vendors; + (C) with contractor consent-- + (i) United States Cyber Command; or + (ii) a component of the Department of Defense other + than United States Cyber Command; + (D) the deployment of network sensing technologies capable + of identifying and filtering malicious network traffic; or + (E) a combination of the entities specified in + subparagraphs (A) through (D). + (5) The resources necessary, governance structures or changes + in regulation or law needed, and responsibility for execution of a + defense industrial base cybersecurity threat hunting program, as + well as any other considerations determined relevant by the + Secretary. + (6) A timelime for establishing the defense industrial base + cybersecurity threat hunting program not later than two years after + the date of the enactment of this Act. + (7) Identification of any barriers that would prevent such + establishment. + (c) Consultation.--In conducting the assessment required under +subsection (a), the Secretary of Defense shall consult with and solicit +recommendations from representative industry stakeholders across the +defense industrial base regarding the elements described in subsection +(b) and potential stakeholder costs of compliance. + (d) Determination and Briefing.--Upon completion of the assessment +required under subsection (a), the Secretary of Defense shall make a +determination regarding the establishment of a defense industrial base +cybersecurity threat hunting program and provide a briefing to the +Committee on Armed Services of the Senate and the Committee on Armed +Services of the House of Representatives on-- + (1) the findings of the Secretary with respect to such + assessment and such determination; and + (2) such implementation plans as the Secretary may have arising + from such findings. + (e) Implementation.--If the Secretary of Defense makes a positive +determination pursuant to subsection (d) of the feasibility and +suitability of establishing a defense industrial base threat +cybersecurity threat hunting program, the Secretary shall establish +such program. Not later than 180 days after a positive determination, +the Secretary of Defense shall promulgate such rules and regulations as +are necessary to establish the defense industrial base cybersecurity +threat hunting program under this section. +SEC. 1740. DEFENSE DIGITAL SERVICE. (a) Relationship With United States Digital Service.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Administrator of the United States Digital Service shall establish a direct relationship between the Department of Defense and the United States Digital Service to address authorities, -hiring processes, roles, and responsibilities. +hiring processes, roles, and responsibilities of the Defense Digital +Service. (b) Certification.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Administrator of the United States Digital Service shall jointly certify to the -congressional defense committees that the skills and qualifications of -the Department of Defense personnel assigned to and supporting the core -functions of the Defense Digital Service are consistent with the skills -and qualifications United States Digital Service personnel. - -SEC. 1636. LIMITATION OF FUNDING FOR NATIONAL DEFENSE UNIVERSITY. +congressional defense committees, the Committee on Homeland Security +and Governmental Affairs of the Senate, and the Committee on Oversight +and Reform of the House of Representatives that the skills and +qualifications of the Department of Defense personnel assigned to and +supporting the core functions of the Defense Digital Service are +consistent with the skills and qualifications United States Digital +Service personnel. + (c) Briefing.--Not later than 150 days after the date of the +enactment of this Act, the Secretary of Defense and the Administrator +of the United States Digital Service shall provide to the Committee on +Armed Services and the Committee on Homeland Security and Governmental +Affairs of the Senate and the Committee on Armed Services and the +Committee on Oversight and Reform of the House of Representatives a +briefing on the relationship established in subsection (a). +SEC. 1741. MATTERS CONCERNING THE COLLEGE OF INFORMATION AND CYBERSPACE +AND LIMITATION OF FUNDING FOR NATIONAL DEFENSE UNIVERSITY. + (a) Prohibitions.--The Secretary of Defense may not-- + (1) eliminate, divest, downsize, reorganize, or seek to reduce + the number of students educated at the College of Information and + Cyberspace of the National Defense University, or + (2) obligate or expend more than 60 percent of the funds + authorized to be appropriated by this Act for fiscal year 2021 for + the National Defense University, +until 60 days after the date on which the congressional defense +committees receive the report required by subsection (d). + (b) Assessment.--The Chairman of the Joint Chiefs of Staff, in +consultation with the Under Secretary of Defense for Policy, the Under +Secretary of Defense for Personnel and Readiness, the Principal Cyber +Advisor, the Principal Information Operations Advisor of the Department +of Defense, the Chief Information Officer of the Department, the Chief +Financial Officer of the Department, and the Commander of United States +Cyber Command, shall assess requirements for joint professional +military education and civilian leader education in the information +environment and cyberspace domain to support the Department and other +national security institutions of the Federal Government. + (c) Further Assessment, Determination, and Review.--The Under +Secretary of Defense for Policy, in consultation with the Under +Secretary of Defense for Personnel and Readiness, the Principal Cyber +Advisor, the Principal Information Operations Advisor of the Department +of Defense, the Chief Information Officer of the Department, the Chief +Financial Officer of the Department, the Chairman of the Joint Chiefs +of Staff, and the Commander of United States Cyber Command, shall-- + (1) determine whether the importance, challenges, and + complexity of the modern information environment and cyberspace + domain warrant-- + (A) a college at the National Defense University, a college + independent of the National Defense University whose leadership + is responsible to the Office of the Secretary of Defense, or an + independent public or private university; and + (B) the provision of resources, services, and capacity at + levels that are the same as, or decreased or enhanced in + comparison to, those resources, services, and capacity in place + at the College of Information and Cyberspace on January 1, + 2019; + (2) review the plan proposed by the National Defense University + for eliminating the College of Information and Cyberspace and + reducing and restructuring the information and cyberspace faculty, + course offerings, joint professional military education and degree + and certificate programs, and other services provided by the + College and the effects of such changes on the military and + civilian personnel requirements of the cyber workforce; + (3) assess the changes made to the College of Information and + Cyberspace since January 1, 2019, and the actions necessary to + reverse those changes, including relocating the College and its + associated budget, faculty, staff, students, and facilities outside + of the National Defense University; and + (4) determine the Department of Defense's overall personnel + requirement for cyber and information educated military and + civilian personnel. + (d) Report Required.--Not later than March 1, 2021, the Secretary +shall present to the Committee on Armed Services of the House of +Representatives and the Committee on Armed Services of the Senate a +briefing, and not later than May 1, 2021, the Secretary shall submit to +such committees a report, on-- + (1) the findings of the Secretary with respect to the + assessments, determinations, and reviews conducted under + subsections (b) and (c); and + (2) such recommendations as the Secretary may have for higher + education needs in the information environment and cyberspace + domain. +SEC. 1742. DEPARTMENT OF DEFENSE CYBER HYGIENE AND CYBERSECURITY +MATURITY MODEL CERTIFICATION FRAMEWORK. + (a) Cyber Security Practices and Capabilities in the Department of +Defense.-- + (1) In general.--Not later than March 1, 2021, the Secretary of + Defense, acting through the Chief Information Officer of the + Department of Defense and the Commander, Joint Forces Headquarters- + Department of Defense Information Network, shall assess each + Department component against the Cybersecurity Maturity Model + Certification (CMMC) framework and submit to the congressional + defense committees a report that identifies each such component's + CMMC level and implementation of the cybersecurity practices and + capabilities required in each of the levels of the CMMC framework. + The report shall include, for each component that does not achieve + at least level 3 status (referred to as ``good cyber hygiene'' in + CMMC Model ver. 1.02), a determination as to whether and details as + to how-- + (A) such component will implement relevant security + measures to achieve a desired CMMC or other appropriate + capability and performance threshold prior to March 1, 2022; + and + (B) such component will mitigate potential risks until such + measures are implemented. + (2) Comptroller general report required.--Not later than 180 + days after the submission of the report required under paragraph + (1), the Comptroller General of the United States shall conduct an + independent review of the report and provide a briefing to the + congressional defense committees on the findings of the review. + (b) Briefing on Implementation of Certain Cybersecurity +Recommendations.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall provide to the +congressional defense committees a briefing regarding the plans of the +Secretary to implement certain cybersecurity recommendations to +ensure-- + (1) the Chief Information Officer of the Department of Defense + takes appropriate steps to ensure implementation of Department of + Defense Cybersecurity Culture and Compliance Initiative (DC3I) + tasks; + (2) Department components develop plans with scheduled + completion dates to implement any remaining Cybersecurity + Discipline Implementation Plan (CDIP) tasks overseen by the Chief + Information Officer; + (3) the Deputy Secretary of Defense identifies a Department + component to oversee the implementation of any CDIP tasks not + overseen by the Chief Information Officer and reports on progress + relating to such implementation; + (4) Department components accurately monitor and report + information on the extent that users have completed Cyber Awareness + Challenge training, as well as the number of users whose access to + the Department network was revoked because such users have not + completed such training; + (5) the Chief Information Officer ensures all Department + components, including Defense Advanced Research Projects Agency + (DARPA), require their users to take Cyber Awareness Challenge + training; and + (6) the Chief Information Officer assesses the extent to which + senior leaders of the Department have more complete information to + make risk-based decisions, and revise the recurring reports (or + develop a new report) accordingly, including information relating + to the Department's progress on implementing-- + (A) cybersecurity practices identified in cyber hygiene + initiatives; and + (B) cyber hygiene practices to protect Department networks + from key cyberattack techniques. + (c) Cybersecurity Maturity Model Certification Funding +Limitation.--Of the funds authorized to be appropriated by this Act for +fiscal year 2021 for implementation of the CMMC, not more than 60 +percent of such funds may be obligated or expended until the Under +Secretary of Defense for Acquisition and Sustainment delivers to the +congressional defense committees a plan for implementation of the CMMC +via requirements in procurement contracts, developed in coordination +with the Principal Cyber Advisor and the Chief Information Officer of +the Department of Defense. The plan shall include a timeline for pilot +activities, a description of the planned relationship between +Department of Defense and the auditing or accrediting bodies, a funding +and activity profile for the Defense Industrial Base Cybersecurity +Assessment Center, and a description of efforts to ensure that the +service acquisition executives and service program managers are +equipped to implement the CMMC requirements and facilitate contractors' +meeting relevant requirements. +SEC. 1743. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL +CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL GUARD. + Section 1651(e) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 32 U.S.C. +501 note) is amended by striking ``shall expire on the date that is two +years after the date of the enactment of this Act'' and inserting +``shall expire on August 31, 2022''. +SEC. 1744. NATIONAL CYBER EXERCISES. + (a) Requirement.--Not later than December 31, 2023, the Secretary +of Homeland Security, in coordination with the Director of National +Intelligence, the Attorney General, and the Secretary of Defense, shall +conduct an exercise, which may be a tabletop exercise, to test the +resilience, response, and recovery of the United States to a +significant cyber incident impacting critical infrastructure. The +Secretary shall convene similar exercises not fewer than three times, +in consultation with such officials, until 2033. + (b) Planning and Preparation.--The exercises required under +subsection (a) shall be prepared by-- + (1) appropriate personnel from-- + (A) the Department of Homeland Security; + (B) the Department of Defense; and + (C) the Department of Justice; and + (2) appropriate elements of the intelligence community, + identified by the Director of National Intelligence. + (c) Submission to Congress.--For each fiscal year in which an +exercise is planned, the Secretary, in coordination with the Director +of National Intelligence, the Attorney General, and the Secretary of +Defense, shall submit to the appropriate congressional committees a +plan for the exercise not later than 180 days prior to the exercise. +Each such plan shall include information regarding the goals of the +exercise at issue, how the exercise is to be carried out, where and +when the exercise will take place, how many individuals are expected to +participate from each Federal agency specified in subsection (b), and +the costs or other resources associated with the exercise. + (d) Participants.-- + (1) Federal government participants.--Appropriate personnel + from the following Federal agencies shall participate in each + exercise required under subsection (a): + (A) The Department of Homeland Security. + (B) The Department of Defense, as identified by the + Secretary of Defense. + (C) Elements of the intelligence community, as identified + by the Director of National Intelligence. + (D) The Department of Justice, as identified by the + Attorney General. + (E) Sector-specific agencies, as determined by the + Secretary of Homeland Security. + (2) State and local governments.--The Secretary shall invite + representatives from State, local, and Tribal governments to + participate in each exercise required under subsection (a) if the + Secretary determines such is appropriate. + (3) Private entities.--Depending on the nature of an exercise + being conducted under subsection (a), the Secretary, in + consultation with the senior representative of the sector-specific + agencies participating in such exercise in accordance with + paragraph (1)(E), shall invite the following individuals to + participate: + (A) Representatives from appropriate private entities. + (B) Other individuals whom the Secretary determines will + best assist the United States in preparing for, and defending + against, a significant cyber incident impacting critical + infrastructure. + (4) International partners.--Depending on the nature of an + exercise being conducted under subsection (a), the Secretary may, + in coordination with the Secretary of State, invite allies and + partners of the United States to participate in such exercise. + (e) Observers.--The Secretary may invite representatives from the +executive and legislative branches of the Federal Government to observe +an exercise required under subsection (a). + (f) Elements.--Each exercise required under subsection (a) shall +include the following elements: + (1) Exercising the orchestration of cybersecurity response and + the provision of cyber support to Federal, State, local, and Tribal + governments and private entities, including the exercise of the + command, control, and deconfliction of-- + (A) operational responses through interagency coordination + processes and response groups; and + (B) each Federal agency participating in such exercise in + accordance with subsection (d)(1). + (2) Testing of the information sharing needs and capabilities + of exercise participants. + (3) Testing of the relevant policy, guidance, and doctrine, + including the National Cyber Incident Response Plan of the + Cybersecurity and Infrastructure Security Agency of the Department + of Homeland Security. + (4) Testing of the integration and interoperability between the + entities participating in the exercise in accordance with + subsection (d). + (5) Exercising the integration and interoperability of the + cybersecurity operation centers of the Federal Government, as + appropriate, in coordination with appropriate cabinet level + officials. + (g) Briefing.-- + (1) In general.--Not later than 180 days after the date on + which each exercise required under subsection (a) is conducted, the + Secretary shall provide to the appropriate congressional committees + a briefing on the exercise. + (2) Contents.--Each briefing required under paragraph (1) shall + include-- + (A) an assessment of the decision and response gaps + observed in the exercise at issue; + (B) proposed recommendations to improve the resilience, + response, and recovery of the United States to a significant + cyber attack against critical infrastructure; and + (C) appropriate plans to address the recommendations + proposed under subparagraph (B). + (h) Repeal.--Subsection (b) of section 1648 of the National Defense +Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. +1119) is repealed. + (i) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services of the Senate; + (B) the Committee on Armed Services of the House of + Representatives; + (C) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (D) the Committee on Homeland Security of the House of + Representatives; + (E) the Select Committee on Intelligence of the Senate; + (F) the Permanent Select Committee on Intelligence of the + House of Representatives; + (G) the Committee on the Judiciary of the Senate; + (H) the Committee on the Judiciary of the House of + Representatives; + (I) the Committee on Commerce, Science, and Transportation + of the Senate; + (J) the Committee on Science, Space, and Technology of the + House of Representatives; + (K) the Committee on Foreign Relations of the Senate; and + (L) the Committee on Foreign Affairs of the House of + Representatives. + (2) Element of the intelligence community.--The term ``element + of the intelligence community'' means an element specified or + designated under section 3 of the National Security Act of 1947 (50 + U.S.C. 3003). + (3) Private entity.--The term ``private entity'' has the + meaning given the term in section 102 of the Cybersecurity + Information Sharing Act of 2015 (6 U.S.C. 1501). + (4) Secretary.--The term ``Secretary'' means the Secretary of + Homeland Security. + (5) Sector-specific agency.--The term ``sector-specific + agency'' has the meaning given the term ``Sector-Specific Agency'' + in section 2201 of the Homeland Security Act of 2002 (6 U.S.C. + 651). + (6) State.--The term ``State'' means any State of the United + States, the District of Columbia, the Commonwealth of Puerto Rico, + the Northern Mariana Islands, the United States Virgin Islands, + Guam, American Samoa, and any other territory or possession of the + United States. +SEC. 1745. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW. + (a) DHS Review.-- + (1) In general.--In order to strengthen the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security, the Secretary of Homeland Security shall conduct a + comprehensive review of the ability of the Agency to fulfill-- + (A) the missions of the Agency; and + (B) the recommendations detailed in the report issued by + the Cyberspace Solarium Commission under section 1652(k) of the + John S. McCain National Defense Authorization Act for Fiscal + Year 2019 (Public Law 115-232). + (2) Elements of review.--The review conducted under paragraph + (1) shall include the following elements: + (A) An assessment of how additional budget resources could + be used by the Cybersecurity and Infrastructure Security Agency + for projects and programs that-- + (i) support the national risk management mission; + (ii) support public and private-sector cybersecurity; + (iii) promote public-private integration; and + (iv) provide situational awareness of cybersecurity + threats. + (B) A comprehensive force structure assessment of the + Cybersecurity and Infrastructure Security Agency, including-- + (i) a determination of the appropriate size and + composition of personnel to accomplish the mission of the + Agency, as well as the recommendations detailed in the + report issued by the Cyberspace Solarium Commission under + section 1652(k) of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115- + 232); + (ii) an assessment of whether existing personnel are + appropriately matched to the prioritization of threats in + the cyber domain and risks in critical infrastructure; + (iii) an assessment of whether the Agency has the + appropriate personnel and resources to-- + + (I) perform risk assessments, threat hunting, + incident response to support both private and public + cybersecurity; + (II) carry out the responsibilities of the Agency + related to the security of Federal information and + Federal information systems; and + (III) carry out the critical infrastructure + responsibilities of the Agency, including national risk + management; and + + (iv) an assessment of whether current structure, + personnel, and resources of regional field offices are + sufficient in fulfilling agency responsibilities and + mission requirements. + (3) Submission of review.--Not later than one year after the + date of the enactment of this Act, the Secretary of Homeland + Security shall submit to Congress a report detailing the results of + the assessments required under paragraph (1), including + recommendations to address any identified gaps. + (b) General Services Administration Review.-- + (1) In general.--The Administrator of the General Services + Administration shall-- + (A) conduct a review of current Cybersecurity and + Infrastructure Security Agency facilities and assess the + suitability of such facilities to fully support current and + projected mission requirements nationally and regionally; and + (B) make recommendations regarding resources needed to + procure or build a new facility or augment existing facilities + to ensure sufficient size and accommodations to fully support + current and projected mission requirements, including the + integration of personnel from the private sector and other + departments and agencies. + (2) Submission of review.--Not later than one year after the + date of the enactment of this Act, the Administrator of the General + Services Administration shall submit the review required under + subsection (a) to-- + (A) the President; + (B) the Secretary of Homeland Security; and + (C) the Committee on Homeland Security and Governmental + Affairs, the Committee on Appropriations, and the Committee on + Environment and Public Work of the Senate, and the Committee on + Homeland Security, the Committee on Appropriations, the + Committee on Oversight and Reform, and the Committee on + Transportation and Infrastructure of the House of + Representatives. +SEC. 1746. REPORT ON ENABLING UNITED STATES CYBER COMMAND RESOURCE +ALLOCATION. + (a) In General.--Not later than April 15, 2021, the Secretary of +Defense shall submit to the congressional defense committees a report +detailing the actions the Secretary will undertake to implement clauses +(ii) and (iii) of section 167b(d)(2) of title 10, United States Code, +including actions to ensure that the Commander of United States Cyber +Command has enhanced authority, direction, and control of the Cyber +Operations Forces and the equipment budget that enables Cyber +Operations Forces' operations and readiness, beginning with the budget +to be submitted to Congress by the President under section 1105(a) of +title 31, United States Code, for fiscal year 2024, and the budget +justification materials for the Department of Defense to be submitted +to Congress in support of such budget. + (b) Elements.--The report required by subsection (a) shall address +the following items: + (1) The procedures by which the Principal Cyber Advisor (PCA) + will exercise authority, direction, and oversight over the + Commander of United States Cyber Command, with respect to Cyber + Operations Forces-peculiar equipment and resources. + (2) The procedures by which the Commander of United States + Cyber Command will-- + (A) prepare and submit to the Secretary program + recommendations and budget proposals for Cyber Operations + Forces and for other forces assigned to United States Cyber + Command; and + (B) exercise authority, direction, and control over the + expenditure of funds for-- + (i) forces assigned to United States Cyber Command; and + (ii) Cyber Operations Forces assigned to other unified + combatant commands. + (3) Recommendations for actions to enable the Commander of + United States Cyber Command to execute the budget and acquisition + responsibilities of the Commander in excess of currently imposed + limits on the Cyber Operations Procurement Fund, including + potential increases in personnel to support the Commander. + (4) The procedures by which the Secretary will categorize and + track funding obligated or expended for Cyber Operations Forces- + peculiar equipment and capabilities. + (5) The methodology and criteria by which the Secretary will + characterize equipment as being Cyber Operations Forces-peculiar. +SEC. 1747. ENSURING CYBER RESILIENCY OF NUCLEAR COMMAND AND CONTROL +SYSTEM. + (a) Plan for Implementation of Findings and Recommendations From +First Annual Assessment of Cyber Resiliency of Nuclear Command and +Control System.--Not later than October 1, 2021, the Secretary of +Defense shall submit to the congressional defense committees a +comprehensive plan, including a schedule and resourcing plan, for the +implementation of the findings and recommendations included in the +first report submitted under section 499(c)(3) of title 10, United +States Code. + (b) Concept of Operations and Oversight Mechanism for Cyber Defense +of Nuclear Command and Control System.--Not later than October 1, 2021, +the Secretary shall develop and establish-- + (1) a concept of operations for defending the nuclear command + and control system against cyber attacks, including specification + of the-- + (A) roles and responsibilities of relevant entities within + the Office of the Secretary, the military services, combatant + commands, the Defense Agencies, and the Department of Defense + Field Activities; and + (B) cybersecurity capabilities to be acquired and employed + and operational tactics, techniques, and procedures, including + cyber protection team and sensor deployment strategies, to be + used to monitor, defend, and mitigate vulnerabilities in + nuclear command and control systems; and + (2) an oversight mechanism or governance model for overseeing + the implementation of the concept of operations developed and + established under paragraph (1), related development, systems + engineering, and acquisition activities and programs, and the plan + required by subsection (a), including specification of the-- + (A) roles and responsibilities of relevant entities within + the Office of the Secretary, the military services, combatant + commands, the Defense Agencies, and the Department of Defense + Field Activities in overseeing the defense of the nuclear + command and control system against cyber attacks; + (B) responsibilities and authorities of the Strategic + Cybersecurity Program in overseeing and, as appropriate, + executing-- + (i) vulnerability assessments; and + (ii) development, systems engineering, and acquisition + activities; and + (C) processes for coordination of activities, policies, and + programs relating to the cybersecurity and defense of the + nuclear command and control system. +SEC. 1748. REQUIREMENTS FOR REVIEW OF AND LIMITATIONS ON THE JOINT +REGIONAL SECURITY STACKS ACTIVITY. + (a) Independent Review.-- + (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 not-for-profit entity or federally-funded + research and development center independent of the Department of + Defense to conduct a review of the Joint Regional Security Stacks + program. + (2) Matters for inclusion.--The review conducted under + paragraph (1) shall include each of the following: + (A) An assessment of the efficacy of the Joint Regional + Security Stacks program and how such program has been managed + and executed. + (B) An analysis of the capabilities and performance of the + program as compared to alternative solutions utilizing + commercial products and services. + (C) An evaluation of the program's ability to meet + Department of Defense performance metrics. + (D) An assessment of what measures would be required for + the program to meet future to meet cost and schedule + milestones, including training requirements. + (b) Baseline Review.-- + (1) In general.--Not later than 30 days after the date of the + enactment of this Act, the Secretary of Defense shall undertake a + baseline review of the Joint Regional Security Stacks program. + (2) Elements.--The baseline review undertaken pursuant to + paragraph (1) shall determine whether the Joint Regional Security + Stacks program-- + (A) should proceed as a program of record, with + modifications as specified in subsection (c), for exclusively + the Non-Classified Internet Protocol Network (NIPRNET) or for + such network and the Secret Internet Protocol Network + (SIPRNET); or + (B) should be phased out across the Department of Defense + with each of the Joint Regional Security Stacks replaced + through the institution of cost-effective and capable + networking and cybersecurity technologies, architectures, and + operational concepts within five years of the date of the + enactment of this Act. + (3) Incorporation.--The baseline review shall incorporate the + results of the review conducted under subsection (a). + (c) Plan to Transition to Program of Record.--If the Secretary of +Defense determines under subsection (b) that the Joint Regional +Security Stacks program should proceed, not later than October 1, 2021, +the Secretary shall develop a plan to transition such program to a +program of record, governed by standard Department of Defense +acquisition program requirements and practices, including the +following: + (1) Baseline operational requirements documentation. + (2) An acquisition strategy and baseline. + (3) A program office and responsible program manager, under the + oversight of the Under Secretary of Defense for Acquisition and + Sustainment and the Chief Information Officer of the Department of + Defense, responsible for pertinent doctrine, organization, + training, materiel, leadership and education, personnel, facilities + and policy matters, and the development of effective tactics, + techniques, and procedures. + (4) Manning and training requirements documentation. + (5) Operational test planning. + (d) Limitations.-- + (1) Limitation on use of funds.--None of the funds authorized + to be appropriated by this Act may be used to field Joint Regional + Security Stacks on the Secret Internet Protocol Network in fiscal + year 2021. + (2) Limitation on operational deployment.--The Secretary of + Defense may not conduct an operational deployment of Joint Regional + Security Stacks to the Secret Internet Protocol Network in fiscal + year 2021. + (e) Submission to Congress.--Not later than December 1, 2021, the +Secretary shall submit to the congressional defense committees-- + (1) the findings of the Secretary with respect to the baseline + review conducted pursuant to subsection (b); + (2) the plan developed under subsection (c), if any; and + (3) a proposal for the replacement of Joint Regional Security + Stacks, if the Secretary determines under subsection (b) that it + should be replaced. +SEC. 1749. IMPLEMENTATION OF INFORMATION OPERATIONS MATTERS. + (a) Limitation on Funding.--Of the amounts authorized to be +appropriated for fiscal year 2021 by section 301 for operation and +maintenance and available for the Office of the Secretary of Defense +for the travel of persons as specified in the table in section 4301-- + (1) not more than 25 percent shall be available until the date + on which the report required by subsection (h)(1) of section 1631 + of the National Defense Authorization Act for Fiscal Year 2020 + (Public Law 116-92) is submitted to the Committee on Armed Services + of the Senate and the Committee on Armed Services House of + Representatives; and + (2) not more than 75 percent shall be available until the date + on which the strategy and posture review required by subsection (g) + of such section is submitted to such committees. + (b) Requirements of Strategy and Posture Review.--Paragraph (1) of +section 1631(g) of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 10 U.S.C. 397 note)-- + (1) in subparagraph (D), by striking the semicolon; + (2) in subparagraph (E), by striking the period and inserting + ``; and''; and + (3) by adding at the end the following new subparagraph: + ``(F) designate a Department of Defense entity to develop, + apply, and continually refine an assessment capability for + defining and measuring the impact of Department information + operations, which entity shall be organizationally independent + of Department components performing or otherwise engaged in + operational support to Department information operations.''. +SEC. 1750. REPORT ON USE OF ENCRYPTION BY DEPARTMENT OF DEFENSE +NATIONAL SECURITY SYSTEMS. + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to Congress a report +detailing the mission need and efficacy of full disk encryption across +Non-classified Internet Protocol Router Network (NIPRNet) and Secretary +Internet Protocol Router Network (SIPRNet) endpoint computer systems. +Such report shall cover matters relating to cost, mission impact, and +implementation timeline. +SEC. 1751. GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING PROCESSES FOR +ARTIFICIAL INTELLIGENCE PROFESSIONALS AND OTHER DATA SCIENCE AND +SOFTWARE DEVELOPMENT PERSONNEL. + (a) Guidance Required.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense shall review +applicable Department of Defense guidance and where beneficial issue +new guidance to the secretaries of the military departments and the +heads of the defense components on improved use of the direct hiring +processes for artificial intelligence professionals and other data +science and software development personnel. + (b) Objective.--The objective of the guidance issued under +subsection (a) shall be to ensure that organizational leaders assume +greater responsibility for the results of civilian hiring of artificial +intelligence professionals and other data science and software +development personnel. + (c) Contents of Guidance.--At a minimum, the guidance required by +subsection (a) shall-- + (1) instruct human resources professionals and hiring + authorities to utilize available direct hiring authorities + (including excepted service authorities) for the hiring of + artificial intelligence professionals and other data science and + software development personnel, to the maximum extent practicable; + (2) instruct hiring authorities, when using direct hiring + authorities, to prioritize utilization of panels of subject matter + experts over human resources professionals to assess applicant + qualifications and determine which applicants are best qualified + for a position; + (3) authorize and encourage the use of ePortfolio reviews to + provide insight into the previous work of applicants as a tangible + demonstration of capabilities and contribute to the assessment of + applicant qualifications by subject matter experts; and + (4) encourage the use of referral bonuses for recruitment and + hiring of highly qualified artificial intelligence professionals + and other data science and software development personnel in + accordance with volume 451 of Department of Defense Instruction + 1400.25. + (d) Report.-- + (1) In general.--Not later than one year after the date on + which the guidance is issued under subsection (a), the Secretary + shall submit to the Committee on Armed Services of the Senate and + the Committee on Armed Services of the House of Representatives a + report on the guidance issued pursuant to subsection (a). + (2) Contents.--At a minimum, the report submitted under + paragraph (1) shall address the following: + (A) The objectives of the guidance and the manner in which + the guidance seeks to achieve those objectives. + (B) The effect of the guidance on the hiring process for + artificial intelligence professionals and other data science + and software development personnel, including the effect on-- + (i) hiring time; + (ii) the use of direct hiring authority; + (iii) the use of subject matter experts; and + (iv) the quality of new hires, as assessed by hiring + managers and organizational leaders. +SEC. 1752. NATIONAL CYBER DIRECTOR. + (a) Establishment.--There is established, within the Executive +Office of the President, the Office of the National Cyber Director (in +this section referred to as the ``Office''). + (b) National Cyber Director.-- + (1) In general.--The Office shall be headed by the National + Cyber Director (in this section referred to as the ``Director'') + who shall be appointed by the President, by and with the advice and + consent of the Senate. + (2) Position.--The Director shall hold office at the pleasure + of the President. + (3) Pay and allowances.--The Director shall be entitled to + receive the same pay and allowances as are provided for level II of + the Executive Schedule under section 5313 of title 5, United States + Code. + (c) Duties of the National Cyber Director.-- + (1) In general.--Subject to the authority, direction, and + control of the President, the Director shall-- + (A) serve as the principal advisor to the President on + cybersecurity policy and strategy relating to the coordination + of-- + (i) information security and data protection; + (ii) programs and policies intended to improve the + cybersecurity posture of the United States; + (iii) efforts to understand and deter malicious cyber + activity; + (iv) efforts to increase the security of information + and communications technology and services and to promote + national supply chain risk management and vendor security; + (v) diplomatic and other efforts to develop norms and + international consensus around responsible state behavior + in cyberspace; + (vi) awareness and adoption of emerging technology that + may enhance, augment, or degrade the cybersecurity posture + of the United States; and + (vii) such other cybersecurity matters as the President + considers appropriate; + (B) offer advice and consultation to the National Security + Council and its staff, the Homeland Security Council and its + staff, and relevant Federal departments and agencies, for their + consideration, relating to the development and coordination of + national cyber policy and strategy, including the National + Cyber Strategy; + (C) lead the coordination of implementation of national + cyber policy and strategy, including the National Cyber + Strategy, by-- + (i) in coordination with the heads of relevant Federal + departments or agencies, monitoring and assessing the + effectiveness, including cost-effectiveness, of the + implementation of such national cyber policy and strategy + by Federal departments and agencies; + (ii) making recommendations, relevant to changes in the + organization, personnel, and resource allocation and to + policies of Federal departments and agencies, to the heads + of relevant Federal departments and agencies in order to + implement such national cyber policy and strategy; + (iii) reviewing the annual budget proposals for + relevant Federal departments and agencies and advising the + heads of such departments and agencies whether such + proposals are consistent with such national cyber policy + and strategy; + (iv) continuously assessing and making relevant + recommendations to the President on the appropriate level + of integration and interoperability across the Federal + cyber centers; + (v) coordinating with the Attorney General, the Federal + Chief Information Officer, the Director of the Office of + Management and Budget, the Director of National + Intelligence, and the Director of the Cybersecurity and + Infrastructure Security Agency, on the streamlining of + Federal policies and guidelines, including with respect to + implementation of subchapter II of chapter 35 of title 44, + United States Code, and, as appropriate or applicable, + regulations relating to cybersecurity; + (vi) reporting annually to the President, the Assistant + to the President for National Security Affairs, and + Congress on the state of the cybersecurity posture of the + United States, the effectiveness of such national cyber + policy and strategy, and the status of the implementation + of such national cyber policy and strategy by Federal + departments and agencies; and + (vii) such other activity as the President considers + appropriate to further such national cyber policy and + strategy; + (D) lead coordination of the development and ensuring + implementation by the Federal Government of integrated incident + response to cyberattacks and cyber campaigns of significant + consequence, including-- + (i) ensuring and facilitating coordination among + relevant Federal departments and agencies in the + development of integrated operational plans, processes, and + playbooks, including for incident response, that feature-- + + (I) clear lines of authority and lines of effort + across the Federal Government; + (II) authorities that have been delegated to an + appropriate level to facilitate effective operational + responses across the Federal Government; and + (III) support for the integration of defensive + cyber plans and capabilities with offensive cyber plans + and capabilities in a manner consistent with improving + the cybersecurity posture of the United States; + + (ii) ensuring the exercising of defensive operational + plans, processes, and playbooks for incident response; + (iii) ensuring the updating of defensive operational + plans, processes, and playbooks for incident response as + needed to keep them updated; and + (iv) reviewing and ensuring that defensive operational + plans, processes, and playbooks improve coordination with + relevant private sector entities, as appropriate; + (E) preparing the response by the Federal Government to + cyberattacks and cyber campaigns of significant consequence + across Federal departments and agencies with responsibilities + pertaining to cybersecurity and with the relevant private + sector entities, including-- + (i) developing for the approval of the President, in + coordination with the Assistant to the President for + National Security Affairs and the heads of relevant Federal + departments and agencies, operational priorities, + requirements, and plans; + (ii) ensuring incident response is executed consistent + with the plans described in clause (i); and + (iii) ensuring relevant Federal department and agency + consultation with relevant private sector entities in + incident response; + (F) coordinate and consult with private sector leaders on + cybersecurity and emerging technology issues in support of, and + in coordination with, the Director of the Cybersecurity and + Infrastructure Security Agency, the Director of National + Intelligence, and the heads of other Federal departments and + agencies, as appropriate; + (G) annually report to Congress on cybersecurity threats + and issues facing the United States, including any new or + emerging technologies that may affect national security, + economic prosperity, or enforcing the rule of law; and + (H) be responsible for such other functions as the + President may direct. + (2) Delegation of authority.--(A) The Director may-- + (i) serve as the senior representative to any organization + that the President may establish for the purpose of providing + the President advice on cybersecurity; + (ii) subject to subparagraph (B), be included as a + participant in preparations for and, when appropriate, the + execution of domestic and international summits and other + international meetings at which cybersecurity is a major topic; + (iii) delegate any of the Director's functions, powers, and + duties to such officers and employees of the Office as the + Director considers appropriate; and + (iv) authorize such successive re-delegations of such + functions, powers, and duties to such officers and employees of + the Office as the Director considers appropriate. + (B) In acting under subparagraph (A)(ii) in the case of a + summit or a meeting with an international partner, the Director + shall act in coordination with the Secretary of State. + (d) Attendance and Participation in National Security Council +Meetings.--Section 101(c)(2) of the National Security Act of 1947 (50 +U.S.C. 3021(c)(2)) is amended by striking ``and the Chairman of the +Joint Chiefs of Staff'' and inserting ``the Chairman of the Joint +Chiefs of Staff, and the National Cyber Director''. + (e) Powers of the Director.--The Director may, for the purposes of +carrying out the functions of the Director under this section-- + (1) subject to the civil service and classification laws, + select, appoint, employ, and fix the compensation of such officers + and employees as are necessary and prescribe their duties, except + that not more than 75 individuals may be employed without regard to + any provision of law regulating the employment or compensation at + rates not to exceed the basic rate of basic pay payable for level + IV of the Executive Schedule under section 5315 of title 5, United + States Code; + (2) employ experts and consultants in accordance with section + 3109 of title 5, United States Code, and compensate individuals so + employed for each day (including travel time) at rates not in + excess of the maximum rate of basic pay for grade GS-15 as provided + in section 5332 of such title, and while such experts and + consultants are so serving away from their homes or regular place + of business, to pay such employees travel expenses and per diem in + lieu of subsistence at rates authorized by section 5703 of such + title 5 for persons in Federal Government service employed + intermittently; + (3) promulgate such rules and regulations as may be necessary + to carry out the functions, powers, and duties vested in the + Director; + (4) utilize, with their consent, the services, personnel, and + facilities of other Federal agencies; + (5) enter into and perform such contracts, leases, cooperative + agreements, or other transactions as may be necessary in the + conduct of the work of the Office and on such terms as the Director + may determine appropriate, with any Federal agency, or with any + public or private person or entity; + (6) accept voluntary and uncompensated services, + notwithstanding the provisions of section 1342 of title 31, United + States Code; + (7) adopt an official seal, which shall be judicially noticed; + and + (8) provide, where authorized by law, copies of documents to + persons at cost, except that any funds so received shall be + credited to, and be available for use from, the account from which + expenditures relating thereto were made. + (f) Rules of Construction.--Nothing in this section may be +construed as-- + (1) modifying any authority or responsibility, including any + operational authority or responsibility of any head of a Federal + department or agency; + (2) authorizing the Director or any person acting under the + authority of the Director to interfere with or to direct a criminal + or national security investigation, arrest, search, seizure, or + disruption operation; + (3) amending a legal restriction that was in effect on the day + before the date of the enactment of this Act that requires a law + enforcement agency to keep confidential information learned in the + course of a criminal or national security investigation; + (4) authorizing the Director or any person acting under the + authority of the Director to interfere with or to direct a military + operation; + (5) authorizing the Director or any person acting under the + authority of the Director to interfere with or to direct any + diplomatic or consular activity; + (6) authorizing the Director or any person acting under the + authority of the Director to interfere with or to direct an + intelligence activity, resource, or operation; or + (7) authorizing the Director or any person acting under the + authority of the Director to modify the classification of + intelligence information. + (g) Definitions.--In this section: + (1) The term ``cybersecurity posture'' means the ability to + identify, to protect against, to detect, to respond to, and to + recover from an intrusion in an information system the compromise + of which could constitute a cyber attack or cyber campaign of + significant consequence. + (2) The term ``cyber attack and cyber campaign of significant + consequence'' means an incident or series of incidents that has the + purpose or effect of-- + (A) causing a significant disruption to the + confidentiality, integrity, or availability of a Federal + information system; + (B) harming, or otherwise significantly compromising the + provision of service by, a computer or network of computers + that support one or more entities in a critical infrastructure + sector; + (C) significantly compromising the provision of services by + one or more entities in a critical infrastructure sector; + (D) causing a significant misappropriation of funds or + economic resources, trade secrets, personal identifiers, or + financial information for commercial or competitive advantage + or private financial gain; or + (E) otherwise constituting a significant threat to the + national security, foreign policy, or economic health or + financial stability of the United States. + (3) The term ``incident'' has the meaning given such term in + section 3552 of title 44, United States Code. + (4) The term ``incident response'' means a government or + private sector activity that detects, mitigates, or recovers from a + cyber attack or cyber campaign of significant consequence. + (5) The term ``information security'' has the meaning given + such term in section 3552 of title 44, United States Code. + (6) The term ``intelligence'' has the meaning given such term + in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). + + TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION + STATUTES + +TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES + +Sec. 1801. Transfer and reorganization of defense acquisition statutes. + + Subtitle A--Definitions + +Sec. 1806. Definitions. +Sec. 1807. General matters. +Sec. 1808. Defense acquisition system. +Sec. 1809. Budgeting and appropriations. +Sec. 1810. Operational contract support. + + Subtitle B--Acquisition Planning + +Sec. 1811. Planning and solicitation generally. +Sec. 1812. Independent cost estimation and cost analysis. +Sec. 1813. Other provisions relating to planning and solicitation + generally. + + Subtitle C--Contracting Methods and Contract Types + +Sec. 1816. Awarding of contracts. +Sec. 1817. Specific types of contracts. +Sec. 1818. Other matters relating to awarding of contracts. +Sec. 1819. Undefinitized contractual actions. +Sec. 1820. Task and delivery order contracts. +Sec. 1821. Acquisition of commercial products and commercial services. +Sec. 1822. Multiyear contracts. +Sec. 1823. Simplified acquisition procedures. +Sec. 1824. Rapid acquisition procedures. +Sec. 1825. Contracts for long-term lease or charter of vessels, + aircraft, and combat vehicles. + + Subtitle D--General Contracting Provisions + +Sec. 1831. Cost or pricing data. +Sec. 1832. Allowable costs. +Sec. 1833. Proprietary contractor data and rights in technical data. +Sec. 1834. Contract financing. +Sec. 1835. Contractor audits and accounting. +Sec. 1836. Claims and disputes. +Sec. 1837. Foreign acquisitions. +Sec. 1838. Socioeconomic programs. + + Subtitle E--Research and Engineering + +Sec. 1841. Research and engineering generally. +Sec. 1842. Innovation. +Sec. 1843. Department of Defense laboratories. +Sec. 1844. Research and development centers and facilities. +Sec. 1845. Test and evaluation. + + Subtitle F--Major Systems, Major Defense Acquisition Programs, and + Weapon Systems Development + +Sec. 1846. General matters. +Sec. 1847. Major systems and major defense acquisition programs + generally. +Sec. 1848. Life-cycle and sustainment. +Sec. 1849. Program status-selected acquisition reports. +Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy). +Sec. 1851. Weapon systems development and related matters. + + Subtitle G--Other Special Categories of Contracting + +Sec. 1856. Acquisition of services generally. +Sec. 1857. Acquisition of information technology. + + Subtitle H--Contract Management + +Sec. 1861. Contract administration. +Sec. 1862. Prohibitions and penalties. +Sec. 1863. Contractor workforce. +Sec. 1864. Other administrative matters. + + Subtitle I--Defense Industrial Base + +Sec. 1866. Defense industrial base generally. +Sec. 1867. Policies and planning. +Sec. 1868. Development, application, and support of dual-use + technologies. +Sec. 1869. Manufacturing technology. +Sec. 1870. Other technology base policies and programs. +Sec. 1871. Small business programs. +Sec. 1872. Procurement technical assistance cooperative agreement + program. +Sec. 1873. Loan guarantee programs. + + Subtitle J--Other Matters + +Sec. 1876. Recodification of certain title 10 provisions relating to + contract financing for certain Navy contracts. +Sec. 1877. Recodification of title 10 statute on cadre of personnel who + are intellectual property experts. +Sec. 1878. Transfer of title 10 section relating to notification of Navy + procurement production disruptions. +Sec. 1879. Transfer of title 10 section relating to energy security. +Sec. 1880. Part IV heading. +Sec. 1881. Repeal of chapters 137, 139, 144, and 148. +Sec. 1882. Revision of chapter 141. +Sec. 1883. References. +Sec. 1884. Savings provisions. +Sec. 1885. Rule of construction. +SEC. 1801. TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES. + (a) Activities.--Not later than February 1, 2021, the Secretary of +Defense shall establish a process to engage interested parties and +experts from the public and private sectors, as determined appropriate +by the Secretary, in a comprehensive review of this title and the +amendments made by this title. + (b) Assessment and Report.--Not later than March 15, 2021, the +Secretary of Defense shall submit to the congressional defense +committees a report evaluating this title and the amendments made by +this title that shall include the following elements: + (1) Specific recommendations for modifications to the + legislative text of this title and the amendments made by this + title, along with a list of conforming amendments to law required + by this title and the amendments made by this title. + (2) A summary of activities conducted pursuant to the process + established under subsection (a), including an assessment of the + effect of this title and the amendments made by this title on + related Department of Defense activities, guidance, and interagency + coordination. + (3) An implementation plan for updating the regulations and + guidance relating to this title and the amendments made by this + title that contains the following elements: + (A) A description of how the plan will be implemented. + (B) A schedule with milestones for the implementation of + the plan. + (C) A description of the assignment of roles and + responsibilities for the implementation of the plan. + (D) A description of the resources required to implement + the plan. + (E) A description of how the plan will be reviewed and + assessed to monitor progress. + (4) Such other items as the Secretary considers appropriate. + (d) Enactment and Implementation.-- + (1) Delayed enactment.--Except as specifically provided, this + title and the amendments made by this title shall take effect on + January 1, 2022. + (2) Delayed implementation.--Not later than January 1, 2023, + the Secretary of Defense shall take such action as necessary to + revise or modify the Department of Defense Supplement to the + Federal Acquisition Regulation and other existing authorities + affected by the enactment of this title and the amendments made by + this title. + (3) Applicability.-- + (A) In general.--The Secretary of Defense shall apply the + law as in effect on December 31, 2021, with respect to + contracts entered into during the covered period. + (B) Covered period defined.--In this paragraph, the term + ``covered period'' means the period beginning on January 1, + 2022, and ending on the earlier of-- + (i) the date on which the Secretary of Defense revises + or modifies authorities pursuant to paragraph (2); or + (ii) January 1, 2023. + + Subtitle A--Definitions + +SEC. 1806. DEFINITIONS. + (a) New Chapter.-- + (1) New subchapter.--Part V of subtitle A of title 10, United + States Code, as added by section 801 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232), is amended by striking chapter 201 and inserting the + following: + + ``CHAPTER 201--DEFINITIONS + +``Subchapter + Sec. +``I. Definitions Relating to Defense Acquisition System Generally. 3001 + +``II. Definitions Applicable to Procurement Generally............. 3011 + +``III. Definitions Relating to Major Systems and Major Defense +Acquisition Programs.............................................. 3041 + + ``SUBCHAPTER I--DEFINITIONS RELATING TO DEFENSE ACQUISITION SYSTEM + GENERALLY - Of the funds authorized to be appropriated by this Act for fiscal -year 2021 for the National Defense University, not more than 60 percent -of such funds may be obligated or expended until the Joint Staff and -the National Defense University present to the congressional defense -committees the following: - (1) A comprehensive plan for resourcing and growing the - student population of the College of Information and - Cyberspace, including by-- - (A) enrolling a minimum of 350 cyber workforce - students per academic year; and - (B) graduating a minimum of 42 students (including - a minimum of 28 United States military students) in the - Joint Professional Military Education Phase II War - College 10- month resident program in fiscal year 2021, - and implementing a plan to graduate a minimum of 70 - students (including a minimum of 50 United States - military and civilian students) in fiscal year 2023 and - in each year thereafter through the Future Year Defense - Program. - (2) Budget documents for the Future Year Defense Program - which show funding for the College of Information and - Cyberspace to support the comprehensive plan described in - subsection (a). - (3) A comprehensive presentation of how programs of study - on cyber-related matters are being expanded and integrated into - Joint Professional Military Education at all National Defense - University constituent colleges. +``Sec. +``3001. Defense acquisition system; element of the defense acquisition + system. +``3002. Federal Acquisition Regulation. +``3003. Defense Federal Acquisition Regulation Supplement. +``3004. Head of an agency. +``3005. Service chief concerned. +``3006. Acquisition workforce. + +``Sec. 3001. Defense acquisition system; element of the defense + acquisition system +``Sec. 3002. Federal Acquisition Regulation +``Sec. 3003. Defense Federal Acquisition Regulation Supplement + ``[Reserved]. +``Sec. 3004. Head of an agency +``Sec. 3005. Service chief concerned + ``[Reserved]. +``Sec. 3006. Acquisition workforce + ``For the definition of the term `acquisition workforce' for the +purposes of this part, see section 101(a)(18) of this title.''. + (2) Transfer of section 2545(2).--Paragraph (2) of section 2545 + of title 10, United States Code, is transferred to section 3001 of + such title, as added by paragraph (1), inserted after the section + heading, redesignated as subsection (a), realigned 2 ems to the + left, and amended-- + (A) by striking ``The term'' and inserting ``Defense + Acquisition System.--In this part, the term''; + (B) by striking ``means the'' and inserting ``means-- + ``(1) the''; + (C) by striking ``of Defense; the management'' and + inserting ``of Defense; + ``(2) the management''; and + (D) by striking ``of Defense; and the'' and inserting ``of + Defense; and + ``(3) the''. + (3) Transfer of section 2545(3).--Paragraph (3) of section 2545 + of title 10, United States Code, is transferred to section 3001 of + such title, as added by paragraph (1), inserted after subsection + (a), as transferred and redesignated by paragraph (2), redesignated + as subsection (b), realigned 2 ems to the left, and amended-- + (A) by striking ``The term'' and inserting ``Element of the + Defense Acquisition System.--In this part, the term''; + (B) by striking ``organization that employs'' and inserting + ``organization that-- + ``(1) employs''; + (C) by striking ``workforce, carries out'' and inserting + ``workforce; + ``(2) carries out''; and + (D) by striking ``functions, and focuses'' and inserting + ``functions; and + ``(3) focuses''. + (4) Transfer of section 2545(1).--Paragraph (1) of section 2545 + of title 10, United States Code, is transferred to section 3001 of + such title, as added by paragraph (1), inserted after subsection + (b), as transferred and redesignated by paragraph (3), redesignated + as subsection (c), realigned 2 ems to the left, and amended by + striking ``The term'' and inserting ``Acquisition.--In this + section, the term''. + (5) Transfer of section 2302(6).--Paragraph (6) of section 2302 + of title 10, United States Code, is transferred to section 3002 of + such title, as added by paragraph (1), inserted after the section + heading, realigned 2 ems to the left, and amended-- + (A) by striking the paragraph designation; and + (B) by striking ``The term'' and inserting ``In this part, + the term''. + (6) Transfer of section 2302(1).--Paragraph (1) of section 2302 + of title 10, United States Code, is transferred to section 3004 of + such title, as added by paragraph (1), inserted after the section + heading, realigned 2 ems to the left, and amended-- + (A) by striking the paragraph designation; and + (B) by striking ``The term'' and inserting ``In this part, + the term''. + (b) New Subchapter II.-- + (1) In general.--Such chapter is further amended by adding at + the end the following new subchapter: + + ``SUBCHAPTER II--DEFINITIONS APPLICABLE TO PROCUREMENT GENERALLY -SEC. 1637. CRITICAL INFRASTRUCTURE CYBER INCIDENT REPORTING PROCEDURES. +``Sec. +``3011. Definitions incorporated from title 41. +``3012. Competitive procedures. +``3013. Technical data. +``3014. Nontraditional defense contractor. +``3015. Simplified acquisition threshold. +``3016. Chapter 137 legacy provisions. + +``Sec. 3011. Definitions incorporated from title 41 +``Sec. 3012. Competitive procedures +``Sec. 3013. Technical data +``Sec. 3014. Nontraditional defense contractor +``Sec. 3015. Simplified acquisition threshold''. + (2) Transfer of 2302(3).--Paragraph (3) of section 2302 of such + title is transferred to section 3011 of such title, as added by + paragraph (1), inserted after the section heading, realigned 2 ems + to the left, and amended-- + (A) by striking the paragraph designation; + (B) by striking ``The following'' and inserting ``In any + chapter 137 legacy provision, the following''; and + (C) by redesignating subparagraphs (A) through (M) as + paragraphs (1) through (13), respectively. + (3) Transfer of 2302(2).--Paragraph (2) of section 2302 of such + title is transferred to section 3012 of such title, as added by + paragraph (1), inserted after the section heading, realigned 2 ems + to the left, and amended-- + (A) by striking the paragraph designation; + (B) by striking ``The term'' and inserting ``In this part, + the term''; + (C) by redesignating subparagraphs (A), (B), (C), (D), and + (E) as paragraphs (1), (2), (3), (4), and (5), respectively; + and + (D) by redesignating clauses (i) and (ii) of paragraph (3), + as so redesignated, as subparagraphs (A) and (B), respectively. + (4) Transfer of 2302(4).--Paragraph (4) of section 2302 of such + title is transferred to section 3013 of such title, as added by + paragraph (1), inserted after the section heading, realigned 2 ems + to the left, and amended-- + (A) by striking the paragraph designation; and + (B) by striking ``The term'' and inserting ``In any chapter + 137 legacy provision, the term''. + (5) Transfer of 2302(9).--Paragraph (9) of section 2302 of such + title is transferred to section 3014 of such title, as added by + paragraph (1), inserted after the section heading, realigned 2 ems + to the left, and amended-- + (A) by striking the paragraph designation; + (B) by striking ``The term'' and inserting ``In this part, + the term''; and + (C) by striking ``section 2371(a) or 2371b'' and inserting + ``section 4002(a) or 4003''. + (6) Transfer of 2302(7) & (8).--Paragraphs (7) and (8) of + section 2302 of such title are transferred to section 3015 of such + title, as added by paragraph (1), and redesignated as paragraphs + (1) and (2), respectively, and such section is further amended by + inserting before paragraph (1), as so redesignated, the following: + ``In this part:''. + (7) Chapter 137 legacy provisions defined.--Subchapter II of + such chapter, as added by paragraph (1), is further amended by + adding at the following new section: +``Sec. 3016. Chapter 137 legacy provisions + ``In this part, the term `chapter 137 legacy provisions' means the +following sections of this title: sections 3002, 3004, 3011-3015, 3041, +3063-3069, 3134, 3151-3157, 3201-3208, 3221-3227, 3241, 3243, 3249, +3252, 3301-3309, 3321-3323, 3344, 3345, 3371-3375, 3377, 3401, 3403, +3405, 3406, 3501-3511, 3531-3535, 3571, 3572, 3573, 3701-3708, 3741- +3750, 3761, 3771-3775, 3781-3786, 3791, 3794, 3801-3807, 3841, 3842, +3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, +4507, 4576, 4657, 4660, 4751, 4752, and 8751.''. + (c) New Subchapter III.-- + (1) In general.--Such chapter is further amended by adding + after subchapter II, as added by subsection (b), the following new + subchapter: + + ``SUBCHAPTER III--DEFINITIONS RELATING TO MAJOR SYSTEMS AND MAJOR + DEFENSE ACQUISITION PROGRAMS - (a) In General.--Not later than 1 year after the date of enactment -of this Act, the Secretary, acting through the Director, and in -consultation with Sector Risk Management Agencies and other appropriate -Federal departments, shall, after notice and an opportunity for -comment, establish requirements and a process for covered critical -infrastructure entities to report a covered cybersecurity incident to -the national cybersecurity and communications integration center of the -Department of Homeland Security, in furtherance of its mission with -respect to cybersecurity risks as set forth in section 2209. - (b) Procedures.--The cybersecurity incident reporting requirements -and process described in subsection (a) shall, at a minimum, include-- - (1) a definition of covered critical infrastructure - entities that are required to comply with the reporting - requirements of this section, based on threshold criteria - related to-- - (A) the likelihood that such entity may be targeted - by a malicious cyber actor, including a foreign - country; - (B) consequences that disruption to or compromise - of such entity could cause to national security, - economic security, or public health and safety; and - (C) maturity of security operations in detecting, - investigating, and mitigating a cybersecurity incident; - (2) criteria for the types and thresholds for a covered - cybersecurity incident to be reported under this section, - including the sophistication or novelty of the cyber attack, - the type, volume, and sensitivity of the data at issue, and the - number of individuals affected or potentially affected by a - cybersecurity incident, subject to the limitations described in - subsection (c); and - (3) procedures to comply with reporting requirements - pursuant to subsection (c). - (c) Cybersecurity Incident Reporting Requirements for Covered -Critical Infrastructure Entities.-- - (1) In general.--A covered critical infrastructure entity, - as defined by the Director pursuant to subsection (b),meets the - requirements of this paragraph if, upon becoming aware that a - covered cybersecurity incident, including an incident involving - ransomware, social engineering, malware, or unauthorized - access, has occurred involving any critical infrastructure - system or subsystem of the critical infrastructure, the - entity-- - (A) promptly reports such incident to the national - cybersecurity and communications integration center, - consistent with such requirements and process, as soon - as practicable (but in no case later than 72 hours - after the entity first becomes aware that the incident - occurred); and - (B) provides all appropriate updates to any report - submitted under subparagraph (A). - (2) Contents of report.--Each report submitted under - subparagraph (A) of paragraph (1) shall contain such - information as the Director prescribes in the reporting - procedures issued under subsection (a), including the following - information with respect to any cybersecurity incident covered - by the report: - (A) The date, time, and time zone when the - cybersecurity incident began, if known. - (B) The date, time, and time zone when the - cybersecurity incident was detected. - (C) The date, time, and duration of the - cybersecurity incident. - (D) The circumstances of the cybersecurity - incident, including the specific critical - infrastructure systems or subsystems believed to have - been accessed and information acquired, if any, as well - as any interdependent systems that suffered damage, - disruption, or were otherwise impacted by the incident. - (E) Any planned and implemented technical measures - to respond to and recover from the incident. - (F) In the case of any report which is an update to - a prior report, any additional material information - relating to the incident, including technical data, as - it becomes available. - (d) Effect of Other Reporting.--A covered critical infrastructure -entity shall not be considered to have satisfied the reporting -requirements set forth in subsection (c)(1) by reporting information -required pursuant to subsection (c)(2) related to a covered -cybersecurity incident to any person, agency or organization, including -a law enforcement agency, other than to the Director using the incident -reporting procedures establish by the national cybersecurity and -communications integration center using the incident reporting -procedures established by the Director pursuant to subsection (a). - (e) Disclosure, Retention, and Use.-- - (1) Authorized activities.--Covered cybersecurity incidents - and related reporting information provided to the Director - pursuant to this section may not be disclosed to, retained by, - or used by, consistent with otherwise applicable provisions of - Federal law, any Federal agency or department, or any - component, officer, employee, or agent of the Federal - Government, except if the Director determines such disclosure, - retention, or use is necessary for-- - (A) the purpose of identifying-- - (i) a cybersecurity threat as such term is - defined insection 102(5) of the Cybersecurity - Act of 2015 (contained in division N of the - Consolidated Appropriations Act, 2016 (Public - Law 114-113; 6 U.S.C. 1501)), including the - source of such cybersecurity threat; or - (ii) a security vulnerability; - (B) the purpose of responding to, or otherwise - preventing or mitigating, a specific threat of death, - serious bodily harm, or serious economic harm, - including a terrorist act or a use of a weapon of mass - destruction; - (C) the purpose of responding to, investigating, - prosecuting, or otherwise preventing or mitigating, a - serious threat to a minor, including sexual - exploitation and threats to physical safety; or - (D) the purpose of preventing, investigating, - disrupting, or prosecuting an offense arising out of a - threat described in subparagraphs (B)-(C) (3) or any of - the offenses listed in-- - (i) sections 1028 through 1030 of title 18, - United States Code (relating to fraud and - identity theft); - (ii) chapter 37 of such title (relating to - espionage and censorship); and - (iii) chapter 90 of such title (relating to - protection of trade secrets). - (2) Exception.--The Director may enter into an agreement - with a federally funded research and development center or - other research institution to provide information in an - anonymized manner for the purpose of aggregating and analyzing - cybersecurity incident data and other reported information for - the limited purpose of better understanding the cyber threat - landscape, subject to appropriate protections for information - and removal of any unnecessary personal or identifying - information. - (3) Privacy and civil liberties.--Covered cybersecurity - incidents and related reporting information provided to the - Director pursuant to this section shall be retained, used, and - disseminated, where permissible and appropriate, by the Federal - Government-- - (A) in a manner that protects from unauthorized use - or disclosure any information reported under this - section that may contain-- - (i) personal information of a specific - individual; or - (ii) information that identifies a specific - individual; and - (B) in a manner that protects the confidentiality - of information reported under this section containing-- - (i) personal information of a specific - individual; or - (ii) information that identifies a specific - individual. - (4) Federal regulatory authority.--Information regarding a - covered cybersecurity incident and related reporting - information provided to the Director pursuant to this section - may not be used by any Federal, State, Tribal, or local - government to regulate, including through an enforcement - action, the lawful activities of any non-Federal entity. - (f) Limitation.--The Director may not set criteria or develop -procedures pursuant to this Act that require a covered critical -infrastructure entity, identified pursuant to subsection (b)(1), to -report on any cybersecurity incident unless such incident-- - (1) causes a loss in the confidentiality, integrity, or - availability of proprietary, sensitive, or personal - information; - (2) results in a disruption or otherwise inhibits the - ability of an entity to deliver services or conduct its primary - business activity; or - (3) was carried out by a foreign country, or where there is - reason to believe a foreign country was involved in such - incident. - (g) Definitions.--In this section: - (1) Covered critical infrastructure entity.--The term - ``covered critical infrastructure entity'' is an entity that - owns, operates, supports, or maintains critical infrastructure - which meets the definition set forth by the Director pursuant - to subsection (b)(1). - (2) Covered cybersecurity incident.--The term ``covered - cybersecurity incident'' means a cybersecurity incident - experienced by a covered critical infrastructure entity that - meets the definition and criteria set forth by the Director in - the procedures prescribed pursuant to subsection (b)(2), - subject to the limitations in subsection (f) that involve, at a - minimum, an incident that-- - (3) Critical infrastructure.--The term ``critical - infrastructure'' has the meaning given that term in section - 2(4) of the Homeland Security Act of 2002 (Public Law 107-196; - 6 U.S.C. 101(4)). - (4) Cybersecurity risk.--The term ``cybersecurity risk'' - has the meaning given that term in section 2209 of the Homeland - Security Act of 2002 (6 U.S.C. 659). - (5) Department.--The term ``Department'' means the - Department of Homeland Security. - (6) Director.--The term ``Director'' means the Director of - the Cybersecurity and Infrastructure Security Agency of the - Department. - (7) National cybersecurity and communications integration - center.--The term ``national cybersecurity and communications - integration center'' or ``Center'' means the national - cybersecurity and communications integration center described - in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. - 659). - (8) Secretary.--The term ``Secretary'' means the Secretary - of Homeland Security. - (9) Sector specific agency.--The term ``Sector Specific - Agency'' has the meaning given that term in section 2201(5) of - the Homeland Security Act of 2002 (6 U.S.C. 651(5)). - -SEC. 1638. FUNDING FOR NATIONAL CENTER FOR HARDWARE AND EMBEDDED - SYSTEMS SECURITY AND TRUST. - - (a) Increase.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 4201 for research, development, test, and evaluation, Air -Force, as specified in the corresponding funding table in section 4201, -for Aerospace Sensors, line 009, is hereby increased by $3,000,000 for -the National Center for Hardware and Embedded Systems Security and -Trust. - (b) Offset.--Notwithstanding the amounts set forth in the funding -tables in division D, the amount authorized to be appropriated in -section 1402 for chemical agents and munitions destruction, as -specified in the corresponding funding table in section 4501, for Chem -Demilitarization--RDT&E, is hereby reduced by $3,000,000. - -SEC. 1639. STRENGTHENING FEDERAL NETWORKS. - - (a) Authority.--Section 3553(b) of title 44, United States Code, is -amended-- - (1) in paragraph (6)(D), by striking ``; and'' at the end - and inserting a semicolon; - (2) by redesignating paragraph (7) as paragraph (8); and - (3) by inserting after paragraph (6) the following new - paragraph: - ``(7) hunting for and identifying, with or without advance - notice, threats and vulnerabilities within Federal information - systems; and''. - (b) Binding Operational Directive.--Not later than 1 year after the -date of the enactment of this section, the Secretary of Homeland -Security shall issue a binding operational directive pursuant to -subsection (b)(2) of section 3553 of title 44, United States Code, to -implement paragraph (7) of section 3553(b) of title 44, United States -Code, as added by subsection (a). - -SEC. 1640. DOD CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL - CERTIFICATION FRAMEWORK. +``Sec. +``3041. Major system. +``3042. Major defense acquisition program. + +``Sec. 3041. Major system +``Sec. 3042. Major defense acquisition program + ``For the definition of the term `major defense acquisition +program' for purposes of this part, see section 4201 of this title.''. + (2) Transfer of 2302(5).--Paragraph (5) of section 2302 of such + title is transferred to section 3041 of such title, as added by + paragraph (1), inserted after the section heading, realigned 2 ems + to the left, redesignated as subsection (a), and amended-- + (A) by striking ``The term'' and inserting ``In General.-- + In this part (other than in sections 4292(e) and 4321), the + term''; + (B) by designating the third sentence as subsection (b); + (C) in subsection (b), as so designated-- + (i) by inserting ``System Considered to Be a Major + System.--'' before ``A system shall be''; and + (ii) by striking ``system if (A)'' and all that follows + and inserting ``system if-- + ``(1) the conditions of subsection (c) or (d), as applicable, + are satisfied; or + ``(2) the system is designated a `major system' by the head of + the agency responsible for the system.''. + (3) Transfer of 2302d(a) and (b).--Subsections (a) and (b) of + section 2302d of such title are transferred to section 3041 of such + title, as amended by paragraph (2), inserted after subsection (b), + as designated by paragraph (2)(B), redesignated as subsections (c) + and (d), respectively, and amended-- + (A) by striking ``section 2302(5) of this title'' in both + subsections and inserting ``subsection (b)''; and + (B) in subsection (c), as so redesignated-- + (i) by striking ``Systems.--For purposes of'' and + inserting ``Systems.-- + ``(1) In general.--For purposes of''; + (ii) by redesignating paragraphs (1) and (2) as + subparagraphs (A) and (B), respectively; and + (iii) by adding at the end the following new paragraph: + ``(2) Adjustment authority.--Authority for the Secretary of + Defense to adjust amounts and the base fiscal year in effect under + this subsection is provided in section 4202(b) of this title.''. + (d) Conforming Repeal.--Section 2302 of title 10, United States +Code, is repealed. + (e) Conforming Cross-reference Amendments.-- + (1) Head of an agency.--The following provisions of law are + amended by striking ``section 2302(1)'' and inserting ``section + 3004'': + (A) Section 2218(k)(4) of title 10, United States Code. + (B) Section 2646(c)(1) of title 10, United States Code. + (2) Major system.--The following provisions of law are amended + by striking ``section 2302(5)'' and inserting ``section 3041'': + (A) Section 933(e)(1)(A) of the National Defense + Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 + U.S.C. 2224 note). + (B) Section 932(b)(1) of the Ike Skelton National Defense + Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 + U.S.C. 2224 note). + (C) Section 254(f)(1) of the Duncan Hunter National Defense + Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 + U.S.C. 2302 note). + (D) Section 812(k) of the John Warner National Defense + Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10 + U.S.C. 2302 note). + (E) Section 4471(f)(1) of the National Defense + Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 + U.S.C. 2501 note). + (3) Nontraditional defense contractor.--The following + provisions of law are amended by striking ``section 2302(9)'' or + ``section 2302'', as the case may be, and inserting ``section + 3014'': + (A) Section 1110(b)(2) of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 + U.S.C. 1701 note). + (B) Section 217(e)(2)(D) of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 + U.S.C. 2222 note). + (C) Section 843(c)(4) of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232; 10 U.S.C. 2302 note). + (D) Section 884(e)(1) of the National Defense Authorization + Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302 + note). + (E) Section 866(e)(3) of the Ike Skelton National Defense + Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 + U.S.C. 2302 note). + (F) Section 831(o)(2)(H)(i) of the National Defense + Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 + U.S.C. 2302 note). + (4) Significant nonmajor defense acquisition program.--Section + 1737(a)(3) of title 10, United States Code, is amended by striking + ``section 2302(5)(A)'' both places it appears and inserting + ``section 3041(b)(1)''. + (5) Simplified acquisition threshold.--Section 801(f)(4) of the + National Defense Authorization Act for Fiscal Year 2008 (Public Law + 110-181; 10 U.S.C. 2304 note) is amended by striking ``section + 2302(7)'' and inserting ``section 3015(a)'': +SEC. 1807. GENERAL MATTERS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 203 and inserting the following: + + ``CHAPTER 203--GENERAL MATTERS - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -congressional defense committees and the Comptroller General of the -United States a report on the cyber hygiene practices of the Department -of Defense and the extent to which such practices are effective at -protecting Department missions, information, system and networks. The -report shall include the following: - (1) An assessment of each Department component's compliance - with the requirements and levels identified in the Cyber - Maturity Model Certification framework. - (2) For each Department component that does not achieve the - requirements for ``good cyber hygiene'' as defined in CMMC - Model Version 1.02, a plan for how that component will - implement security measures to bring it into compliance with - good cyber hygiene requirements within 1 year, and a strategy - for mitigating potential vulnerabilities and consequences until - such requirements are implemented. - (b) Comptroller General Report Required.--Not later than 180 days -after the submission of the report required under subsection (a), the -Comptroller General of the United States shall conduct an independent -review of the report and provide a briefing to the congressional -defense committees on the findings of the review. - -SEC. 1640A. SUBPOENA AUTHORITY. +``Sec. +``3061. [Reserved]. +``3062. Regulations. +``3063. Covered agencies. +``3064. Applicability chapter 137 legacy provisions. +``3065. Assignment and delegation of procurement functions and + responsibilities: delegation within agency. +``3066. Assignment and delegation of procurement functions and + responsibilities: procurements for or with other agencies. +``3067. Approval required for military department termination or + reduction in participation in joint acquisition programs. +``3068. Inapplicability of certain laws. +``3069. Buy-to-budget acquisition: end items. +``3070. Limitation on acquisition of excess supplies. +``3071. [Reserved]. +``3072. Comptroller General assessment of acquisition programs and + initiatives.''. + + (b) Section 2202 of Title 10 (partial).-- + (1) In general.--Chapter 203 of title 10, United States Code, + as amended by subsection (a), is amended by inserting after the + table of sections the following new sections: +``Sec. 3062. Regulations + ``The Secretary of Defense shall prescribe regulations governing +the performance within the Department of Defense of the procurement +functions, and related functions, of the Department of Defense.''. + (2) Conforming amendments.-- + (A) Section 2202 of title 10, United States Code, is + amended by striking ``procurement,''. + (B) The heading of such section, and the item relating to + such section in the table of sections at the beginning of + chapter 131 of such title, are amended by striking the third + word and the comma following that word. + (c) Section 2303 of Title 10.-- + (1) In general.--Chapter 203 of title 10, United States Code, + is amended by adding after section 3062, as added by subsection + (b), the following new sections: +``Sec. 3063. Covered agencies + ``For purposes of any provision of law referring to this section, +the agencies named in this section are the following: +``Sec. 3064. Applicability of chapter 137 legacy provisions''. + (2) Transfer of list of covered agencies.--Paragraphs (1) + through (6) of section 2303(a) of title 10, United States Code, are + transferred to the end of section 3063 of such title, as added by + paragraph (1). + (3) Transfer of applicability provisions.--Subsection (a) (as + amended by paragraph (2)) and subsection (b) of section 2303 of + such title are transferred to section 3064 of such title, as added + by paragraph (1), inserted after the section heading, and amended-- + (A) in subsection (a)-- + (i) by striking ``This chapter'' and inserting + ``General Applicability.--Any provision of this part that + is a chapter 137 legacy provision;'' + (ii) by striking ``of the following agencies'' and + inserting ``by any of the agencies named in section 3063 of + this title''; and + (iii) by striking the colon after ``funds'' and + inserting a period; and + (B) in subsection (b), by striking ``The provisions of this + chapter'' and inserting ``Applicability to Contracts for + Installation or Alteration.--The provisions of this part that + are chapter 137 legacy provisions''. + (4) Conforming repeal.--Section 2303 of title 10, United States + Code, is repealed. + (d) Transfer of Section 2311 of Title 10.-- + (1) Transfer.--Section 2311 of title 10, United States Code, is + transferred to chapter 203 of such title, inserted after section + 3064, as added by subsection (c), and redesignated as section 3065. + (2) Division into three sections.--The text transferred and + redesignated by paragraph (1) is amended-- + (A) by inserting after subsection (a) the following new + section heading: +``Sec. 3066. Assignment and delegation of procurement functions and + responsibilities: procurements for or with other agencies''; + (B) by inserting after subsection (b) the following new + section heading: +``Sec. 3067. Approval required for military department termination or + reduction in participation in joint acquisition programs''; + (C) in section 3065, as so redesignated-- + (i) by striking ``(a) In General.--''; and + (ii) by striking ``under this chapter'' and inserting + ``under any provision of this part that is a chapter 137 + legacy provision''; + (D) in section 3066, as so designated-- + (i) by striking ``(b) Procurements for or With Other + Agencies.--Subject to subsection (a)'' and inserting + ``Subject to section 3065 of this title''; + (ii) by striking ``covered by this chapter'' and + inserting ``covered by any provision of this part that is a + chapter 137 legacy provision''; and + (iii) by striking ``section 2303'' and inserting + ``section 3063''; and + (E) in section 3067, as so designated-- + (i) by redesignating subsection (c) as subsection (a); + (ii) by striking ``(1)''; + (iii) by redesignating paragraph (2) as subsection (b) + and inserting ``Required Content of Regulations.--'' before + ``The regulations''; and + (iv) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively. + (3) Conforming amendment.--The heading of section 3065, as + transferred and redesignated by paragraph (1), is amended to read + as follows: +``Sec. 3065. Assignment and delegation of procurement functions and + responsibilities: delegation within agency''. + (e) Transfer and Consolidation of Sections 2314 & 2315 of Title +10.-- + (1) New section.--Chapter 203 of title 10, United States Code, + is amended by adding after section 3067, as designated by + subsection (d), the following new section: +``Sec. 3068. Inapplicability of certain laws''. + (2) Transfer of section 2314.--The text of section 2314 of such + title is transferred to section 3068, as added by paragraph (1), + inserted after the section heading, designated as subsection (a), + and amended-- + (A) by inserting ``Laws Inapplicable to Agencies Named in + Section 3063.--'' before ``Sections''; and + (B) by striking ``section 2303'' and inserting ``section + 3063 of this title''. + (3) Transfer of section 2315.--The text of section 2315 of such + title is transferred to section 3068, as added by paragraph (1), + inserted after subsection (a), as transferred and designated by + paragraph (2), designated as subsection (b), and amended by + inserting ``Laws Inapplicable to Procurement of Automatic Data + Processing Equipment and Services for Certain Defense Purposes.--'' + before ``Sections''. + (4) Conforming repeals.--Sections 2314 and 2315 of title 10, + United States Code, are repealed. + (f) Transfer of Section 2308.--Section 2308 of title 10, United +States Code, is transferred to chapter 203 of such title, inserted +after section 3068, as added by subsection (e), redesignated as section +3069, and amended by striking ``section 2304'' in subsection (b)(2) and +inserting ``sections 3201 through 3205''. + (g) Transfer of Sections 2213 and 2229b.-- + (1) Transfer.--Sections 2213 and 2229b of such title are + transferred to chapter 203 of such title, inserted after section + 3069, as transferred and redesignated by subsection (f), and + redesignated as sections 3070 and 3072, respectively. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 131 of such title is amended by striking the items + relating to section 2213 and 2229b. +SEC. 1808. DEFENSE ACQUISITION SYSTEM. + (a) Transfer of Chapter 149.-- + (1) Transfer of chapter.--Chapter 149 of title 10, United + States Code, is transferred to part V of subtitle A of that title, + as added by section 801 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232), + inserted in place of chapter 205 as enacted by that section, and + redesignated as chapter 205. + (2) Redesignation of sections.--Sections in chapter 205 of + title 10, United States Code, as transferred and redesignated by + paragraph (1), are redesignated as follows: - (a) In General.--Section 2209 of the Homeland Security Act of 2002 -(6 U.S.C. 659) is amended-- - (1) in subsection (a)-- - (A) by redesignating paragraphs (1) through (6) as - paragraphs (2) through (7), respectively; - (B) by inserting before paragraph (2), as so - redesignated, the following new paragraph: - ``(1) the term `cybersecurity purpose' has the meaning - given that term in section 102 of the Cybersecurity Information - Sharing Act of 2015 (6 U.S.C. 1501);''; - (C) in paragraph (6), as so redesignated, by - striking ``and'' at the end; - (D) by redesignating paragraph (7), as so - redesignated, as paragraph (8); and - (E) by inserting after paragraph (6), as so - redesignated, the following new paragraph: - ``(7) the term `security vulnerability' has the meaning - given that term in section 102 of the Cybersecurity Information - Sharing Act of 2015 (6 U.S.C. 1501); and''; - (2) in subsection (c)-- - (A) in paragraph (10), by striking ``and'' at the - end; - (B) in paragraph (11), by striking the period at - the end and inserting ``; and''; and - (C) by adding at the end the following new - paragraph: - ``(12) detecting, identifying, and receiving information - for a cybersecurity purpose about security vulnerabilities - relating to critical infrastructure in information systems and - devices.''; and - (3) by adding at the end the following new subsection: - ``(o) Subpoena Authority.-- - ``(1) Definition.--In this subsection, the term `covered - device or system'-- - ``(A) means a device or system commonly used to - perform industrial, commercial, scientific, or - governmental functions or processes that relate to - critical infrastructure, including operational and - industrial control systems, distributed control - systems, and programmable logic controllers; and - ``(B) does not include personal devices and - systems, such as consumer mobile devices, home - computers, residential wireless routers, or residential - internet enabled consumer devices. - ``(2) Authority.-- - ``(A) In general.--If the Director identifies a - system connected to the internet with a specific - security vulnerability and has reason to believe such - security vulnerability relates to critical - infrastructure and affects a covered device or system, - and the Director is unable to identify the entity at - risk that owns or operates such covered device or - system, the Director may issue a subpoena for the - production of information necessary to identify and - notify such entity at risk, in order to carry out a - function authorized under subsection (c)(12). - ``(B) Limit on information.--A subpoena issued - pursuant to subparagraph (A) may seek information-- - ``(i) only in the categories set forth in - subparagraphs (A), (B), (D), and (E) of section - 2703(c)(2) of title 18, United States Code; and - ``(ii) for not more than 20 covered devices - or systems. - ``(C) Liability protections for disclosing - providers.--The provisions of section 2703(e) of title - 18, United States Code, shall apply to any subpoena - issued pursuant to subparagraph (A). - ``(3) Coordination.-- - ``(A) In general.--If the Director exercises the - subpoena authority under this subsection, and in the - interest of avoiding interference with ongoing law - enforcement investigations, the Director shall - coordinate the issuance of any such subpoena with the - Department of Justice, including the Federal Bureau of - Investigation, pursuant to interagency procedures which - the Director, in coordination with the Attorney - General, shall develop not later than 60 days after the - date of the enactment of this subsection. - ``(B) Contents.--The inter-agency procedures - developed under this paragraph shall provide that a - subpoena issued by the Director under this subsection - shall be-- - ``(i) issued to carry out a function - described in subsection (c)(12); and - ``(ii) subject to the limitations specified - in this subsection. - ``(4) Noncompliance.--If any person, partnership, - corporation, association, or entity fails to comply with any - duly served subpoena issued pursuant to this subsection, the - Director may request that the Attorney General seek enforcement - of such subpoena in any judicial district in which such person, - partnership, corporation, association, or entity resides, is - found, or transacts business. - ``(5) Notice.--Not later than 7 days after the date on - which the Director receives information obtained through a - subpoena issued pursuant to this subsection, the Director shall - notify any entity identified by information obtained pursuant - to such subpoena regarding such subpoena and the identified - vulnerability. - ``(6) Authentication.-- - ``(A) In general.--Any subpoena issued pursuant to - this subsection shall be authenticated with a - cryptographic digital signature of an authorized - representative of the Agency, or other comparable - successor technology, that allows the Agency to - demonstrate that such subpoena was issued by the Agency - and has not been altered or modified since such - issuance. - ``(B) Invalid if not authenticated.--Any subpoena - issued pursuant to this subsection that is not - authenticated in accordance with subparagraph (A) shall - not be considered to be valid by the recipient of such - subpoena. - ``(7) Procedures.--Not later than 90 days after the date of - the enactment of this subsection, the Director shall establish - internal procedures and associated training, applicable to - employees and operations of the Agency, regarding subpoenas - issued pursuant to this subsection, which shall address the - following: - ``(A) The protection of and restriction on - dissemination of nonpublic information obtained through - such a subpoena, including a requirement that the - Agency not disseminate nonpublic information obtained - through such a subpoena that identifies the party that - is subject to such subpoena or the entity at risk - identified by information obtained, except that the - Agency may share the nonpublic information with the - Department of Justice for the purpose of enforcing such - subpoena in accordance with paragraph (4), and may - share with a Federal agency the nonpublic information - of the entity at risk if-- - ``(i) the Agency identifies or is notified - of a cybersecurity incident involving such - entity, which relates to the vulnerability - which led to the issuance of such subpoena; - ``(ii) the Director determines that sharing - the nonpublic information with another Federal - department or agency is necessary to allow such - department or agency to take a law enforcement - or national security action, consistent with - the interagency procedures under paragraph - (3)(A), or actions related to mitigating or - otherwise resolving such incident; - ``(iii) the entity to which the information - pertains is notified of the Director's - determination, to the extent practicable - consistent with national security or law - enforcement interests, consistent with such - interagency procedures; and - ``(iv) the entity consents, except that the - entity's consent shall not be required if - another Federal department or agency identifies - the entity to the Agency in connection with a - suspected cybersecurity incident. - ``(B) The restriction on the use of information - obtained through such a subpoena for a cybersecurity - purpose. - ``(C) The retention and destruction of nonpublic - information obtained through such a subpoena, - including-- - ``(i) destruction of such information that - the Director determines is unrelated to - critical infrastructure immediately upon - providing notice to the entity pursuant to - paragraph (5); and - ``(ii) destruction of any personally - identifiable information not later than 6 - months after the date on which the Director - receives information obtained through such a - subpoena, unless otherwise agreed to by the - individual identified by the subpoena - respondent. - ``(D) The processes for providing notice to each - party that is subject to such a subpoena and each - entity identified by information obtained under such a - subpoena. - ``(E) The processes and criteria for conducting - critical infrastructure security risk assessments to - determine whether a subpoena is necessary prior to - being issued pursuant to this subsection. - ``(F) The information to be provided to an entity - at risk at the time of the notice of the vulnerability, - which shall include-- - ``(i) a discussion or statement that - responding to, or subsequent engagement with, - the Agency, is voluntary; and - ``(ii) to the extent practicable, - information regarding the process through which - the Director identifies security - vulnerabilities. - ``(8) Limitation on procedures.--The internal procedures - established pursuant to paragraph (7) may not require an owner - or operator of critical infrastructure to take any action as a - result of a notice of vulnerability made pursuant to this Act. - ``(9) Review of procedures.--Not later than 1 year after - the date of the enactment of this subsection, the Privacy - Officer of the Agency shall-- - ``(A) review the internal procedures established - pursuant to paragraph (7) to ensure that-- - ``(i) such procedures are consistent with - fair information practices; and - ``(ii) the operations of the Agency comply - with such procedures; and - ``(B) notify the Committee on Homeland Security and - Governmental Affairs of the Senate and the Committee on - Homeland Security of the House of Representatives of - the results of the review under subparagraph (A). - ``(10) Publication of information.--Not later than 120 days - after establishing the internal procedures under paragraph (7), - the Director shall publish information on the website of the - Agency regarding the subpoena process under this subsection, - including information regarding the following: - ``(A) Such internal procedures. - ``(B) The purpose for subpoenas issued pursuant to - this subsection. - ``(C) The subpoena process. - ``(D) The criteria for the critical infrastructure - security risk assessment conducted prior to issuing a - subpoena. - ``(E) Policies and procedures on retention and - sharing of data obtained by subpoenas. - ``(F) Guidelines on how entities contacted by the - Director may respond to notice of a subpoena. - ``(11) Annual reports.--The Director shall annually submit - to the Committee on Homeland Security and Governmental Affairs - of the Senate and the Committee on Homeland Security of the - House of Representatives a report (which may include a - classified annex but with the presumption of declassification) - on the use of subpoenas issued pursuant to this subsection, - which shall include the following: - ``(A) A discussion of the following: - ``(i) The effectiveness of the use of such - subpoenas to mitigate critical infrastructure - security vulnerabilities. - ``(ii) The critical infrastructure security - risk assessment process conducted for subpoenas - issued under this subsection. - ``(iii) The number of subpoenas so issued - during the preceding year. - ``(iv) To the extent practicable, the - number of vulnerable covered devices or systems - mitigated under this subsection by the Agency - during the preceding year. - ``(v) The number of entities notified by - the Director under this subsection, and their - responses, during the preceding year. - ``(B) For each subpoena issued pursuant to this - subsection, the following: - ``(i) Information relating to the source of - the security vulnerability detected, - identified, or received by the Director. - ``(ii) Information relating to the steps - taken to identify the entity at risk prior to - issuing the subpoena. - ``(iii) A description of the outcome of the - subpoena, including discussion on the - resolution or mitigation of the critical - infrastructure security vulnerability. - ``(12) Publication of the annual reports.--The Director - shall publish a version of the annual report required under - paragraph (11) on the website of the Agency, which shall, at a - minimum, include the findings described in clauses (iii), (iv), - and (v) of subparagraph (A) of such paragraph. - ``(13) Prohibition on use of information for unauthorized - purposes.--Any information obtained pursuant to a subpoena - issued under this subsection may not be provided to any other - Federal department or agency for any purpose other than a - cybersecurity purpose or for the purpose of enforcing a - subpoena issued pursuant to this subsection.''. - (b) Rules of Construction.-- - (1) Prohibition on new regulatory authority.--Nothing in - this section or the amendments made by this section may be - construed to grant the Secretary of Homeland Security, or the - head of any another Federal agency or department, any authority - to promulgate regulations or set standards relating to the - cybersecurity of private sector critical infrastructure that - was not in effect on the day before the date of the enactment - of this Act. - (2) Private entities.--Nothing in this section or the - amendments made by this section may be construed to require any - private entity to-- - (A) to request assistance from the Director of the - Cybersecurity and Infrastructure Security Agency of the - Department of Homeland Security; or - (B) implement any measure or recommendation - suggested by the Director. - -SEC. 1640B. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL - CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL - GUARD. - Section 1651(e) of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232; 32 U.S.C. -501 note) is amended by striking ``shall expire on the date that is two -years after the date of the enactment of this Act'' and inserting -``shall expire on August 31, 2022''. +---------------------------------------------------------------------------------------------------------------- + New Section + Old Section No. No. +---------------------------------------------------------------------------------------------------------------- +2545 3101 +2546 3103 +2546a 3102 +2547 3104 +2548 3105 +---------------------------------------------------------------------------------------------------------------- -SEC. 1640C. CISA CYBERSECURITY SUPPORT TO AGENCIES. - Section 3553(b) of title 44, United States Code, is amended-- - (1) in paragraph (6)(D), by striking ``; and'' at the end - and inserting a semicolon; - (2) by redesignating paragraph (7) as paragraph (8); - (3) by inserting after paragraph (6) the following new - paragraph: - ``(7) upon request by an agency, and at the Secretary's - discretion, with or without reimbursement-- - ``(A) providing services, functions, or - capabilities, including operation of the agency's - information security program, to assist the agency with - meeting the requirements set forth in section 3554(b); - and - ``(B) deploying, operating, and maintaining secure - technology platforms and tools, including networks and - common business applications, for use by the agency to - perform agency functions, including collecting, - maintaining, storing, processing, and analyzing - information; and''. + (3) Revision of order of sections.-- + (A) Section 3102 of such title, as redesignated by + paragraph (2), is transferred within such section so as to + appear after section 3101, as so redesignated. + (B) The items in the table of sections at the beginning of + such chapter, as transferred by paragraph (1), are amended to + conform to the redesignations made by paragraph (2) and the + transfer made by subparagraph (A). + (4) Tables of chapters.--The tables of chapters at the + beginning of subtitle A, and at the beginning of part IV of + subtitle A, of title 10, United States Code, are amended by + striking the item relating to chapter 149. + (b) Amendments to Transferred Sections.-- + (1) Section 3101.--Section 3101 of title 10, United States + Code, as redesignated by subsection (a)(2), is amended-- + (A) by striking ``chapter: + ``(1) The'' and + inserting ``chapter, the''; and + (B) by striking paragraphs (2), (3), and (4). + (2) Section 3104.--Section 3104 of title 10, United States + Code, as redesignated by subsection (a)(2), is amended-- + (A) in subsection (b)(1), by striking ``section 2448a(a)'' + and inserting ``section 4271(a)''; + (B) in subsection (b)(2)(B), by striking ``section 2366a'' + and inserting ``section 4251''; + (C) in subsection (b)(2)(C), by striking ``section 2366b'' + and inserting ``section 4252''; and + (D) in subsection (d)(3), by striking ``section + 2446a(b)(5)'' and inserting ``section 4401(b)(5)''. + (3) Section 3105.--Section 3105 of title 10, United States + Code, as redesignated by subsection (a)(2), is amended in + subsection (b)(2)(B)(i) by striking ``section 2306a'' and inserting + ``sections 3701 through 3708''. + (c) Division of Current 2548 Into Two Sections.-- + (1) New section.--Such chapter is further amended-- + (A) by inserting after subsection (c) of such section 3105, + as redesignated by subsection (a)(2), the following new section + heading: +``Sec. 3106. Elements of the defense acquisition system: performance + goals''; and + (B) by redesignating subsections (d) and (e) as subsections + (a) and (b), respectively. + (2) Conforming amendment to new 3105 heading.--The heading of + such section 3105 is amended to read as follows: +``Sec. 3105. Elements of the defense acquisition system: performance + assessments''. + (3) Clerical amendment.--The table of sections at the beginning + of chapter 205 of such title, as amended by subsection (a)(3), is + further amended by striking the item relating to section 3105 and + inserting the following new items: + +``3105. Elements of the defense acquisition system: performance + assessments. +``3106. Elements of the defense acquisition system: performance goals''. + + (d) Cross-reference Amendments.-- + (1) Section 129a(c)(3) of title 10, United States Code, is + amended by striking ``section 2545'' and inserting ``section + 3001''. + (2) Section 1701a of such title is amended by striking + ``chapter 149'' and inserting ``chapter 205''. +SEC. 1809. BUDGETING AND APPROPRIATIONS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 207 and inserting the following: + + ``CHAPTER 207--BUDGETING AND APPROPRIATIONS -SEC. 1640D. ESTABLISHMENT IN DHS OF JOINT CYBER PLANNING OFFICE. +``Sec. +``3131. Availability of appropriations. +``3132. Availability of appropriations for procurement of technical + military equipment and supplies. +``3133. Contracts for periods crossing fiscal years: severable service + contracts; leases of real or personal property. +``3134. Allocation of appropriations. +``3135. Comparable budgeting for common procurement weapon systems. +``3136. Defense Modernization Account. +``3137. Procurement of contract services: specification of amounts + requested in budget. +``3138. Obligations for contract services: reporting in budget object + classes.''. + + (b) Transfer of Section 2351.--Section 2351 of title 10, United +States Code, is transferred to chapter 207 of such title, as amended by +subsection (a), inserted after the table of sections, and redesignated +as section 3131. + (c) Transfer of Section 2395.--Section 2395 of title 10, United +States Code, is transferred to chapter 207 of such title, as amended by +subsection (a), inserted after section 3131, as transferred and +redesignated by subsection (b), and redesignated as section 3132. + (d) Transfer of Section 2410a.--Section 2410a of title 10, United +States Code, is transferred to chapter 207 of such title, as amended by +subsection (a), inserted after section 3132, as transferred and +redesignated by subsection (c), and redesignated as section 3133. + (e) Transfer of Section 2309.-- + (1) Transfer.--Section 2309 of title 10, United States Code, is + transferred to chapter 207 of such title, as amended by subsection + (a), added after section 3133, as transferred and redesignated by + subsection (d), and redesignated as section 3134. + (2) Amendments.--Such section is amended-- + (A) in subsection (a), by striking ``named in section + 2303'' and inserting ``named in section 3063''; and + (B) by adding at the end the following new subsection: + ``(c) For purposes of sections 3064 and 3066 of this title, this +section shall be deemed to be a section of chapter 137 of this +title.''. + (f) Transfer of Section 2217.-- + (1) Transfer.--Section 2217 of title 10, United States Code, is + transferred to chapter 207 of such title, as amended by subsection + (a), added after section 3134, as transferred and redesignated by + subsection (e), and redesignated as section 3135. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 131 of such title is amended by striking the item + relating to section 2217. + (g) Transfer of Section 2216.-- + (1) Transfer.--Section 2216 of title 10, United States Code, is + transferred to chapter 207 of such title, as amended by subsection + (a), added after section 3135, as transferred and redesignated by + subsection (f), and redesignated as section 3136. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 131 of such title is amended by striking the item + relating to section 2216. + (h) Transfer of Section 235.-- + (1) Transfer.--Section 235 of title 10, United States Code, is + transferred to chapter 207 of such title, as amended by subsection + (a), added after section 3136, as transferred and redesignated by + subsection (g), and redesignated as section 3137. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 9 of such title is amended by striking the item relating + to section 235. + (i) Transfer of Section 2212.-- + (1) Transfer.--Section 2212 of title 10, United States Code, is + transferred to chapter 207 of such title, as amended by subsection + (a), added after section 3137, as transferred and redesignated by + subsection (h), and redesignated as section 3138. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 131 of such title is amended by striking the item + relating to section 2212. +SEC. 1810. OPERATIONAL CONTRACT SUPPORT. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 209 and inserting the following: + + ``CHAPTER 209--OPERATIONAL CONTRACT SUPPORT + +``Subchapter + Sec. +``I. Joint Policies on Requirements Definition, Contingency +Program Management, and Contingency Contracting................... 3151 + +``II. Other Provisions Relating to Operational Contract Support... 3171 + +``SUBCHAPTER I--JOINT POLICIES ON REQUIREMENTS DEFINITION, CONTINGENCY + PROGRAM MANAGEMENT, AND CONTINGENCY CONTRACTING - (a) Amendment.--Subtitle A of title XXII of the Homeland Security -Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the -following new section: +``Sec. +``3151. Joint policy requirement. +``3152. Requirements definition matters covered. +``3153. Contingency program management matters covered. +``3154. Contingency contracting matters covered. +``3155. Training for personnel outside acquisition workforce. +``3156. Mission readiness exercises. +``3157. Definitions; applicability. + +``Sec. 3151. Joint policy requirement +``Sec. 3152. Requirements definition matters covered +``Sec. 3153. Contingency program management matters covered +``Sec. 3154. Contingency contracting matters covered +``Sec. 3155. Training for personnel outside acquisition workforce +``Sec. 3156. Mission readiness exercises +``Sec. 3157. Definitions; applicability + ``In this subchapter:''. + (b) Transfer of Section 2333.--Provisions of section 2333 of title +10, United States Code, are transferred to chapter 209 of such title, +as amended by subsection (a), as follows: + (1) Subsection (a).--Subsection (a) of such section 2333 is + transferred to such chapter, inserted after the heading for section + 3151, and amended by striking the subsection designation and + subsection heading. + (2) Subsection (b).--Subsection (b) of such section 2333 is + transferred to such chapter, inserted after the heading for section + 3152, and amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by striking ``subsection (a)'' and inserting ``section + 3151 of this title''. + (3) Subsection (c).--Subsection (c) of such section 2333 is + transferred to such chapter, inserted after the heading for section + 3153, and amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by striking ``subsection (a)'' and inserting ``section + 3151 of this title''. + (4) Subsection (d).--Subsection (d) of such section 2333 is + transferred to section 3154 of such chapter, as added by subsection + (a), inserted after the section heading, redesignated as subsection + (a), and amended-- + (A) by striking ``Contingency Contracting Matters + Covered.--(1)'' and inserting ``In General.--''; + (B) by redesignating paragraph (2) as subsection (b) and + inserting ``Interagency Plans.--'' in that subsection before + ``To the extent''; + (C) by striking ``subsection (a)'' both places it appears + and inserting ``section 3151 of this title''; and + (D) in subsection (a), as so redesignated-- + (i) by redesignating subparagraphs (A) through (F) as + paragraphs (1) through (6), respectively; and + (ii) by redesignating clauses (i) through (iv) of + paragraph (4) (as so redesignated) as subparagraphs (A) + through (D), respectively. + (5) Subsection (e).--Subsection (e) (other than paragraph (3)) + of such section 2333 is transferred to section 3155 of such + chapter, as added by subsection (a), inserted after the section + heading, redesignated as subsection (a), and amended-- + (A) by striking ``Training for Personnel Outside + Acquisition Workforce.--(1)'' and inserting ``Required + Training.--''; + (B) by striking ``subsection (a)'' and inserting ``section + 3151 of this title''; and + (C) by redesignating paragraph (2) as subsection (b) and in + that subsection-- + (i) by striking ``Training under paragraph (1)'' and + inserting ``Scope of Training.--Training under subsection + (a)''; and + (ii) by striking ``referred to in that paragraph'' and + all that follows and inserting ``referred to in that + subsection-- + ``(1) understand the scope and scale of contractor support they + will experience in contingency operations; and + ``(2) are prepared for their roles and responsibilities with + regard to-- + ``(A) requirements definition; + ``(B) program management (including contractor oversight); + and + ``(C) contingency contracting.''. + (6) Subsection (e)(3).--Paragraph (3) of such subsection (e) is + transferred to such chapter, inserted after the heading for section + 3156, and amended-- + (A) by striking the paragraph designation; and + (B) by inserting ``required by section 3151 of this title'' + after ``The joint policy''. + (7) Subsection (f).--Paragraphs (6), (5), (2), and (1) of + subsection (f) of such section are transferred (in that order) to + section 3157 of such chapter, inserted at the end, and redesignated + as paragraphs (1) through (4), respectively. + (c) Cross Reference Amendment.--Paragraph (4)(B) of subsection (a) +of section 3154 of title 10, United States Code, as transferred and +redesignated by subsection (b)(3), is amended by striking ``section +2304'' and inserting ``sections 3201 through 3205''. + (d) Additional Provisions Relating to Operational Contract +Support.--Chapter 209 of title 10, United States Code, is amended by +adding at the end the following new subchapter: + + ``SUBCHAPTER II--OTHER PROVISIONS RELATING TO OPERATIONAL CONTRACT + SUPPORT -``SEC. 2215. JOINT CYBER PLANNING OFFICE. +``Sec. +``3171. Contracts for property or services in support of a contingency + operation: competition and review. +``3172. Operational contract support: chain of authority and + responsibility within Department of Defense. - ``(a) Establishment of Office.--There is established in the Agency -an office for joint cyber planning (in this section referred to as the -`Office') to develop, for public and private sector entities, plans for -cyber defense operations, including the development of a set of -coordinated actions to protect, detect, respond to, and recover from -cybersecurity risks or incidents or limit, mitigate, or defend against -coordinated, malicious cyber operations that pose a potential risk to -critical infrastructure or national interests. The Office shall be -headed by a Deputy Assistant Director of Joint Cyber Planning (in this -section referred to as the `Director') within the Cybersecurity -Division. - ``(b) Planning and Execution.--In leading the development of plans -for cyber defense operations pursuant to subsection (a), the Director -shall-- - ``(1) coordinate with relevant Federal departments and - agencies to establish processes and procedures necessary to - develop and maintain ongoing coordinated plans for cyber - defense operations; - ``(2) leverage cyber capabilities and authorities of - participating Federal departments and agencies, as appropriate, - in furtherance of plans for cyber defense operations; - ``(3) ensure that plans for cyber defense operations are, - to the greatest extent practicable, developed in collaboration - with relevant private sector entities, particularly in areas in - which such entities have comparative advantages in limiting, - mitigating, or defending against a cybersecurity risk or - incident or coordinated, malicious cyber operation; - ``(4) ensure that plans for cyber defense operations, as - appropriate, are responsive to potential adversary activity - conducted in response to United States offensive cyber - operations; - ``(5) facilitate the exercise of plans for cyber defense - operations, including by developing and modeling scenarios - based on an understanding of adversary threats to, - vulnerability of, and potential consequences of disruption or - compromise of critical infrastructure; - ``(6) coordinate with and, as necessary, support relevant - Federal departments and agencies in the establishment of - procedures, development of additional plans, including for - offensive and intelligence activities in support of cyber - defense operations, and creation of agreements necessary for - the rapid execution of plans for cyber defense operations when - a cybersecurity risk or incident or malicious cyber operation - has been identified; and - ``(7) support public and private sector entities, as - appropriate, in the execution of plans developed pursuant to - this section. - ``(c) Composition.--The Office shall be composed of-- - ``(1) a central planning staff; and - ``(2) appropriate representatives of Federal departments - and agencies, including-- - ``(A) the Department; - ``(B) United States Cyber Command; - ``(C) the National Security Agency; - ``(D) the Federal Bureau of Investigation; - ``(E) the Department of Justice; and - ``(F) the Office of the Director of National - Intelligence. - ``(d) Consultation.--In carrying out its responsibilities described -in subsection (b), the Office shall regularly consult with appropriate -representatives of non-Federal entities, such as-- - ``(1) State, local, federally-recognized Tribal, and - territorial governments; - ``(2) information sharing and analysis organizations, - including information sharing and analysis centers; - ``(3) owners and operators of critical information systems; - ``(4) private entities; and - ``(5) other appropriate representatives or entities, as - determined by the Secretary. - ``(e) Interagency Agreements.--The Secretary and the head of a -Federal department or agency referred to in subsection (c) may enter -into agreements for the purpose of detailing personnel on a -reimbursable or non-reimbursable basis. - ``(f) Definitions.--In this section: - ``(1) Cyber defense operation.--The term `cyber defense - operation' means defensive activities performed for a - cybersecurity purpose. - ``(2) Cybersecurity purpose.--The term `cybersecurity - purpose' has the meaning given such term in section 102 of the - Cybersecurity Act of 2015 (contained in division N of the - Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 - U.S.C. 1501)). - ``(3) Cybersecurity risk; incident.--The terms - `cybersecurity risk' and `incident' have the meanings given - such terms in section 2209. - ``(4) Information sharing and analysis organization.--The - term `information sharing and analysis organization' has the - meaning given such term in section 2222(5).''. - (b) Technical and Conforming Amendment.--The table of contents in -section 1(b) of the Homeland Security Act of 2002 is amended by -inserting after the item relating to section 2214 the following new -item: +``Sec. 3171. Contracts for property or services in support of a + contingency operation: competition and review + ``[Reserved]. +``Sec. 3172. Operational contract support: chain of authority and + responsibility within Department of Defense + ``[Reserved].''. -``Sec. 2215. Joint cyber planning office.''. + Subtitle B--Acquisition Planning -SEC. 1640E. IMPLEMENTATION OF CERTAIN CYBERSECURITY RECOMMENDATIONS; - CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL - CERTIFICATION FRAMEWORK. +SEC. 1811. PLANNING AND SOLICITATION GENERALLY. + (a) Tables of Chapters Amendment.--The tables of chapters at the +beginning of subtitle A, and at the beginning of part V of subtitle A +(as added by section 801 of Public Law 115-232), of title 10, United +States Code, are amended by striking the items relating to chapters 221 +and 223 and inserting the following: - (a) Report on Implementation of Certain Cybersecurity -Recommendations.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -congressional defense committees a report regarding the plans of the -Secretary to implement certain cybersecurity recommendations to -ensure-- - (1) the Chief Information Officer of the Department of - Defense takes appropriate steps to ensure implementation of - DC3I tasks; - (2) Department components develop plans with scheduled - completion dates to implement any remaining CDIP tasks overseen - by the Chief Information Officer; - (3) the Deputy Secretary of Defense identifies a Department - component to oversee the implementation of any CDIP tasks not - overseen by the Chief Information Officer and reports on - progress relating to such implementation; - (4) Department components accurately monitor and report - information on the extent that users have completed Cyber - Awareness Challenge training, as well as the number of users - whose access to the Department network was revoked because such - users have not completed such training; - (5) the Chief Information Officer ensures all Department - components, including DARPA, require their users to take Cyber - Awareness Challenge training; - (6) a Department component is directed to monitor the - extent to which practices are implemented to protect the - Department's network from key cyberattack techniques; and - (7) the Chief Information Officer assesses the extent to - which senior leaders of the Department have more complete - information to make risk-based decisions, and revise the - recurring reports (or develop a new report) accordingly, - including information relating to the Department's progress on - implementing-- - (A) cybersecurity practices identified in cyber - hygiene initiatives; and - (B) cyber hygiene practices to protect Department - networks from key cyberattack techniques. - (b) Report on Cyber Hygiene and Cybersecurity Maturity Model -Certification Framework.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the congressional defense committees and the - Comptroller General of the United States a report on the cyber - hygiene practices of the Department of Defense and the extent - to which such practices are effective at protecting Department - missions, information, system and networks. The report shall - include the following: - (A) An assessment of each Department component's - compliance with the requirements and levels identified - in the Cybersecurity Maturity Model Certification - framework. - (B) For each Department component that does not - achieve the requirements for ``good cyber hygiene'' as - defined in CMMC Model Version 1.02, a plan for how that - component will implement security measures to bring it - into compliance with good cyber hygiene requirements - within one year, and a strategy for mitigating - potential vulnerabilities and consequences until such - requirements are implemented. - (2) Comptroller general review.--Not later than 180 days - after the submission of the report required under paragraph - (1)), the Comptroller General of the United States shall - conduct an independent review of the report and provide a - briefing to the congressional defense committees on the - findings of the review. - -SEC. 1640F. BIENNIAL NATIONAL CYBER EXERCISE. - - (a) Requirement.--Not later than December 31, 2023, and not less -frequently than once every 2 years thereafter until a date that is not -less than 10 years after the date of enactment of this Act, the -Secretary, in consultation with the Secretary of Defense, shall conduct -an exercise to test the resilience, response, and recovery of the -United States in the case of a significant cyber attack impacting -critical infrastructure. - (b) Planning and Preparation.--Each exercise under subsection (a) -shall be coordinated through the Joint Cyber Planning Office of the -Cybersecurity and Infrastructure Security Planning Agency and prepared -by expert operational planners from the Department of Homeland -Security, in coordination with the Department of Defense, the Federal -Bureau of Investigation, and the appropriate intelligence community -elements, as identified by the Director of National Intelligence. - (c) Participants.-- - (1) Federal government participants.--The following shall - participate in each exercise under subsection (a): - (A) Relevant interagency partners, as determined by - the Secretary, including relevant interagency partners - from-- - (i) law enforcement agencies; and - (ii) the intelligence community. - (B) Senior leader representatives from sector- - specific agencies, as determined by the Secretary. - (2) State and local governments.--The Secretary shall - invite representatives from State, local, and Tribal - governments to participate the exercises under subsection (a) - if the Secretary determines such participation to be - appropriate. - (3) Private sector.--Depending on the nature of an exercise - being conducted under subsection (a), the Secretary, in - consultation with the senior leader representative of the - sector-specific agencies participating in such exercise - pursuant to paragraph (1)(A)(ii), shall invite the following - individuals to participate: - (A) Representatives from private entities. - (B) Other individuals that the Secretary - determines. - (4) International partners.--Depending on the nature of an - exercise being conducted under subsection (a), the Secretary - may, in consultation with the Secretary of Defense and the - Secretary of State, invite allies and partners of the United - States to participate in such exercise. - (d) Observers.--The Secretary shall invite appropriately cleared -representatives from the executive and legislative branches of the -Federal Government to observe an exercise under subsection (a). - (e) Elements.--Each exercise under subsection (a) shall include the -following elements: - (1) Exercising the orchestration of cybersecurity response - and the provision of cyber support to Federal, State, local, - and Tribal governments and private entities, including the - exercise of the command and control and deconfliction of - operational responses through the National Security Council, - interagency coordinating processes and response groups, and - each participating department and agency of the Federal - Government. - (2) Testing of the information-sharing needs and - capabilities of exercise participants. - (3) Testing of the relevant policy, guidance, and doctrine, - including the National Cyber Incident Response Plan of the - Cybersecurity and Infrastructure Security Agency of the - Department of Homeland Security. - (4) Test the coordination between Federal, State, local, - and Tribal governments and private entities. - (5) Exercising the integration of operational capabilities - of the Department of Homeland Security, the Cyber National - Mission Force, Federal law enforcement, and the intelligence - community. - (6) Test relevant information sharing and operational - agreements. - (7) Exercising integrated operations, mutual support, and - shared situational awareness of the cybersecurity operations - centers of the Federal Government, including the following: - (A) The Cybersecurity and Infrastructure Security - Agency. - (B) The Cyber Threat Operations Center of the - National Security Agency. - (C) The Joint Operations Center of United States - Cyber Command. - (D) The Cyber Threat Intelligence Integration - Center of the Office of the Director of National - Intelligence. - (E) The National Cyber Investigative Joint Task - Force of the Federal Bureau of Investigation. - (F) The Defense Cyber Crime Center of the - Department of Defense. - (G) The Intelligence Community Security - Coordination Center of the Office of the Director of - National Intelligence. - (f) Briefing.-- - (1) In general.--Not later than 180 days after the date on - which each exercise under subsection (a) is conducted, the - President shall submit to the appropriate congressional - committees a briefing on the participation of the Federal - Government participants in each such exercise. - (2) Contents.--Each briefing required under paragraph (1) - shall include the following: - (A) An assessment of the decision and response gaps - observed in the national level response. - (B) Proposed recommendations to improve the - resilience, response, and recovery in the case of a - significant cyber attack impacting critical - infrastructure. - (C) Plans to implement the recommendations - described in subparagraph (B). - (D) Specific timelines for the implementation of - such plans. - (g) Repeal.--Subsection (b) of section 1648 of the National Defense -Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. -1119) is repealed. - (h) National Cyber Exercise Program.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this section, the Director, in consultation - with appropriate representatives from sector-specific agencies, - the cybersecurity research community, and Sector Coordinating - Councils, shall carry out the National Cyber Exercise Program - (referred to in this section as the ``Exercise Program'') to - evaluate the National Cyber Incident Response Plan, and other - related plans and strategies. - (2) Requirements.-- - (A) In general.--The Exercise Program shall be-- - (i) as realistic as practicable, based on - current risk assessments, including credible - threats, vulnerabilities, and consequences; - (ii) designed, as practicable, to simulate - the partial or complete incapacitation of a - State, local, or tribal government, or related - critical infrastructure, resulting from a cyber - incident; - (iii) carried out, as appropriate, with a - minimum degree of notice to involved parties - regarding the timing and details of such - exercises, consistent with safety - considerations; - (iv) designed to provide for the systematic - evaluation of cyber readiness and enhance - operational understanding of the cyber incident - response system and relevant information - sharing agreements; and - (v) designed to promptly develop after- - action reports and plans that can be quickly - incorporating lessons learned into future - operations. - (B) Model exercise selection.--The Exercise Program - shall include a selection of model exercises that - State, local, and Tribal governments can readily adapt - for use and aid such governments with the design, - implementation, and evaluation of exercises that-- - (i) conform to the requirements under - subparagraph (A); - (ii) are consistent with any applicable - State, local, or Tribal strategy or plan; and - (iii) provide for systematic evaluation of - readiness. - (i) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Armed Services of the Senate; - (B) the Committee on Armed Services of the House of - Representatives; - (C) the Committee on Homeland Security and - Governmental Affairs of the Senate; and - (D) the Committee on Homeland Security of the House - of Representatives. - (2) Critical infrastructure.--The term ``critical - infrastructure'' has the meaning given such term in section - 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)). - (3) Intelligence community.--The term ``intelligence - community'' has the meaning given such term in section 3(4) of - the National Security Act of 1947 (50 U.S.C. 3003(4)). - (4) Private entity.--The term ``private entity'' has the - meaning given the term in section 102 of the Cybersecurity - Information Sharing Act of 2015 (6 U.S.C. 1501). - (5) Secretary.--The term ``Secretary'' means the Secretary - of Homeland Security. - (6) Sector-specific agency.--The term ``sector-specific - agency'' has the meaning given the term ``Sector-Specific - Agency'' in section 2201 of the Homeland Security Act of 2002 - (6 U.S.C. 651). - (7) State.--The term ``State'' means any State of the - United States, the District of Columbia, the Commonwealth of - Puerto Rico, the Northern Mariana Islands, the United States - Virgin Islands, Guam, American Samoa, and any other territory - or possession of the United States. - - Subtitle D--Nuclear Forces - -SEC. 1641. COORDINATION IN TRANSFER OF FUNDS BY DEPARTMENT OF DEFENSE - TO NATIONAL NUCLEAR SECURITY ADMINISTRATION. - - (a) In General.--Section 179(f)(3) of title 10, United States Code, -is amended by adding at the end the following new subparagraph: - ``(D) The Secretary of Defense and the Secretary of Energy shall -ensure that a transfer of estimated nuclear budget request authority is -carried out in a manner that provides for coordination between the -Secretary of Defense and the Administrator for Nuclear Security using -appropriate interagency processes during the process in which the -Secretaries develop the budget materials of the Department of Defense -and the National Nuclear Security Administration, including by -beginning such coordination by not later than June 30 for such budget -materials that will be submitted during the following year.''. - (b) Reports.--Subparagraph (B) of such section is amended by adding -at the end the following new clause: - ``(iv) A description of the total amount of the proposed - estimated nuclear budget request authority to be transferred by - the Secretary of Defense to the Secretary of Energy to support - the weapons activities of the National Nuclear Security - Administration, including-- - ``(A) identification of any trade-offs made within - the budget of the Department of Defense as part of such - proposed transfer; and - ``(B) a certification made jointly by the - Secretaries that such proposed transfer was developed - in a manner that allowed for the coordination described - in subparagraph (D).''. - -SEC. 1642. EXERCISES OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS - SYSTEM. - - (a) Requirement.--Chapter 24 of title 10, United States Code, is -amended by adding at the end the following new section: -``Sec. 499b. Exercises of nuclear command, control, and communications - system - ``(a) Required Exercises.--Except as provided by subsection (b), -beginning 2021, the President shall participate in a large-scale -exercise of the nuclear command, control, and communications system -during the first year of each term of the President, and may -participate in such additional exercises as the President determines -appropriate. - ``(b) Waiver.--The President may waive, on a case-by-case basis, -the requirement to participate in an exercise under subsection (a) if -the President-- - ``(1) determines that participating in such an exercise is - infeasible by reason of a war declared by Congress, a national - emergency declared by the President or Congress, a public - health emergency declared by the Secretary of Health and Human - Services under section 319 of the Public Health Service Act (42 - U.S.C. 247d), or other similar exigent circumstance; and - ``(2) submits to the congressional defense committees a - notice of the waiver and a description of such - determination.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such chapter is amended by adding at the end the following new item: +``221. Planning and Solicitation Generally....................... 3201 -``499b. Exercises of nuclear command, control, and communications - system.''. +``222. Independent Cost Estimation and Cost Analysis............. 3221 -SEC. 1643. INDEPENDENT STUDIES ON NUCLEAR WEAPONS PROGRAMS OF CERTAIN - FOREIGN STATES. +``223. Other Provisions Relating to Planning and Solicitation +Generally......................................................... 3241 - (a) Study.--Not later than 60 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 the nuclear weapons programs of covered foreign -countries. - (b) Matters Included.--The study under subsection (a) shall compile -open-source data to conduct an analysis of the following for each -covered foreign country: - (1) The activities, budgets, and policy documents, - regarding the nuclear weapons program. - (2) The known research and development activities with - respect to nuclear weapons. - (3) The inventories of nuclear weapons and delivery - vehicles with respect to both deployed and nondeployed weapons. - (4) The capabilities of such nuclear weapons and delivery - vehicles. - (5) The physical sites used for nuclear processing, - testing, and weapons integration. - (6) The human capital of the scientific and technical - workforce involved in nuclear programs, including with respect - to matters relating to the education, knowledge, and technical - capabilities of that workforce. - (7) The known deployment areas for nuclear weapons. - (8) Information with respect to the nuclear command and - control system. - (9) The factors and motivations driving the nuclear weapons - program and the nuclear command and control system. - (10) Any other information that the federally funded - research and development center determines appropriate. - (c) Submission to DOD.--Not later than 14 months after the date of -the enactment of this Act, and each year thereafter for the following 2 -years, the federally funded research and development center shall -submit to the Secretary the study under subsection (a) and any updates -to the study. - (d) Submission to Congress.--Not later than 30 days after the date -on which the Secretary receives the study under subsection (a) or -updates to the study, the Secretary shall submit to the appropriate -congressional committees the study or such updates, without change. - (e) Public Release.--The federally funded research and development -center shall maintain an internet website on which the center-- - (1) publishes the study under subsection (a) by not later - than 30 days after the date on which the Secretary receives the - study under subsection (c); and - (2) provides on an ongoing basis commentaries, analyses, - updates, and other information regarding the nuclear weapons of - covered foreign countries. - (f) Form.--The study under subsection (a) shall be in unclassified -form. - (g) Modification to Report on Nuclear Forces of the United States -and Near-Peer Countries.--Section 1676 of the National Defense -Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. -1778) is amended-- - (1) in subsection (a), by striking ``Not later than - February 15, 2020, the Secretary of Defense, in coordination - with the Director of National Intelligence, shall'' and - inserting ``Not later than February 15, 2020, and each year - thereafter through 2023, the Secretary of Defense and the - Director of National Intelligence shall jointly''; and - (2) in subsection (b), by adding at the end the following - new paragraph: - ``(4) With respect to the current and planned nuclear - systems specified in paragraphs (1) through (3), the factors - and motivations driving the development and deployment of the - systems.''. - (h) Definitions.--In this section: - (1) The term ``appropriate congressional committees'' - means-- - (A) the congressional defense committees; - (B) the Committee on Foreign Affairs and the - Permanent Select Committee on Intelligence of the House - of Representatives; and - (C) the Committee on Foreign Relations and the - Select Committee on Intelligence of the Senate. - (2) The term ``covered foreign country'' means each of the - following: - (A) China. - (B) North Korea. - (C) Russia. - (3) The term ``open-source data'' includes data derived - from, found in, or related to any of the following: - (A) Geospatial information. - (B) Seismic sensors. - (C) Commercial data. - (D) Public government information. - (E) Academic journals and conference proceedings. - (F) Media reports. - (G) Social media. - -SEC. 1644. ROLE OF SECRETARY OF DEFENSE AND SECRETARY OF ENERGY ON - NUCLEAR WEAPONS COUNCIL. - - (a) Membership.--Subsection (a) of section 179 of title 10, United -States Code, is amended-- - (1) by redesignating paragraphs (1) through (6) as - paragraphs (3) through (8), respectively; and - (2) by inserting before paragraph (3), as so redesignated, - the following new paragraphs: - ``(1) The Secretary of Defense. - ``(2) The Secretary of Energy.''. - (b) Chairman; Meetings.--Subsection (b) of section 179 of title 10, -United States Code, is amended to read as follows: - ``(b) Chairman; Meetings.--(1) The Council shall be co-chaired by -the Secretary of Defense and the Secretary of Energy. Any reference in -any statute or regulation to the Chairman of the Council shall be -deemed to be a reference to the Secretary of Defense and the Secretary -of Energy jointly. - ``(2) The Council shall meet not less often than once every three -months. To the extent possible, not later than seven days before a -meeting, the Chairman shall disseminate to each member of the Council -the agenda and documents for such meeting.''. - -SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO UPDATES ON - MEETINGS HELD BY NUCLEAR WEAPONS COUNCIL. - - Section 179(g) of title 10, United States Code, is amended to read -as follows: - ``(g) Semiannual Updates on Council Meetings.--(1) Not later than -February 1 and August 1 of each year, the Council shall provide to the -congressional defense committees a semiannual update including, with -respect to the six-month period preceding the update-- - ``(A) the dates on which the Council met; and - ``(B) except as provided by paragraph (2), a summary of any - decisions made by the Council pursuant to subsection (d) at - each such meeting and the rationale for and options that - informed such decisions. - ``(2) The Council shall not be required to include in a semiannual -update under paragraph (1) the matters described in subparagraph (B) of -that paragraph with respect to decisions of the Council relating to the -budget of the President for a fiscal year if the budget for that fiscal -year has not been submitted to Congress under section 1105 of title 31 -as of the date of the semiannual update. - ``(3) The Council may provide a semiannual update under paragraph -(1) either in the form of a briefing or a written report. - ``(4)(A) If by February 1 of any year the Council has not provided -the semiannual update under paragraph (1) required by that date, not -more than 50 percent of the funds authorized to be appropriated for -that year for the Office of the Under Secretary of Defense for -Acquisition and Sustainment may be obligated or expended until the date -on which such semiannual update has been provided. - ``(B) If by August 1 of any year the Council has not provided the -semiannual update under paragraph (1) required by that date, not more -than 90 percent of the funds authorized to be appropriated for that -year for the Office of the Under Secretary of Defense for Acquisition -and Sustainment may be obligated or expended until the date on which -such semiannual update has been provided.''. - -SEC. 1646. BRIEFING ON NUCLEAR WEAPONS STORAGE AND MAINTENANCE - FACILITIES OF THE AIR FORCE. +``225. Planning and Solicitation Relating to Particular Items or +Services.........................................................3271''. - Not later than 90 days after the date of the enactment of this Act, -the Secretary of the Air Force shall provide to the congressional -defense committees a briefing on the efforts by the Secretary to harden -and modernize the nuclear weapons storage and maintenance facilities of -the Air Force. The briefing shall include the plans of the Secretary -with respect to the following: - (1) Verifying that the Air Force is deploying tested and - field-proven physical security designs of such facilities, - including with respect to forced entry, blast and ballistic - resistant barrier systems, that incorporate multiple reactive - countermeasures for protection against the dedicated adversary - threat classification level. - (2) Streamlining the procurement of the infrastructure to - protect ground-based strategic deterrent weapons by ensuring - that the physical security designs of such facilities are - appropriately tailored to the threat. - (3) Ensuring that competitive procedures are used in - awarding a contract for the physical security design of such - facilities that include a fair consideration of such designs - that are successfully used at other similar facilities. - (4) Ensuring that the physical security design for which - such contract is awarded-- - (A) meets the security requirements of all planned - modernization projects for the nuclear weapons storage - and maintenance facilities of the Air Force; and - (B) do not result in higher and additional costs to - shore up existing infrastructure at such facilities. - - Subtitle E--Missile Defense Programs - -SEC. 1651. EXTENSION AND MODIFICATION OF REQUIREMENT FOR COMPTROLLER - GENERAL OF THE UNITED STATES REVIEW AND ASSESSMENT OF - MISSILE DEFENSE ACQUISITION PROGRAMS. + (b) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapters 221 and 223 and inserting the following: - Section 232(a) of the National Defense Authorization Act for Fiscal -Year 2012 (Public Law 112-81; 125 Stat. 1339), as amended by section -1688 of the National Defense Authorization Act for Fiscal Year 2016 -(Public Law 114-92; 129 Stat. 1144), is amended-- - (1) in paragraph (1), by striking ``through 2020'' and - inserting ``through 2025''; and - (2) in paragraph (2)-- - (A) by striking ``through 2021'' and inserting - ``through 2026''; and - (B) by adding at the end the following new - sentence: ``In carrying out this subsection, the - Comptroller General shall review emergent issues - relating to such programs and accountability and, in - consultation with the congressional defense committees, - either include any findings from the review in the - reports submitted under this paragraph or provide to - such committees a briefing on the findings.''. - -SEC. 1652. EXTENSION OF TRANSITION OF BALLISTIC MISSILE DEFENSE - PROGRAMS TO MILITARY DEPARTMENTS. + ``CHAPTER 221--PLANNING AND SOLICITATION GENERALLY - Section 1676(b)(1) of the National Defense Authorization Act for -Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended by -striking ``2021'' and inserting ``2023''. +``Sec. +``3201. Full and open competition. +``3202. [Reserved]. +``3203. Exclusion of particular source or restriction of solicitation to + small business concerns. +``3204. Use of procedures other than competitive procedures. +``3205. Simplified procedures for small purchases. +``3206. Planning and solicitation requirements. +``3207. Assessment before contract for acquisition of supplies is + entered into. +``3208. Planning for future competition in contracts for major + systems.''. + + (c) Section 2304 (partial).-- + (1) Section heading.--Chapter 221 of title 10, United States + Code, as amended by subsection (b), is amended by adding after the + table of sections the following new section: +``Sec. 3201. Full and open competition''. + (2) Transfer of subsection (a) of section 2304.--Subsection (a) + of section 2304 of title 10, United States Code, is transferred to + section 3201 of such title, as added by paragraph (1), inserted + after the section heading, and amended-- + (A) by redesignating paragraph (2) as subsection (b); + (B) by striking ``(1) Except as provided in subsections + (b), (c), and (g),'' and inserting ``In General.--Except as + provided in sections 3203, 3204(a), and 3205 of this title,''; + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; + (D) in paragraph (1), as so redesignated, by striking + ``this chapter'' and inserting ``this section and sections + 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901 4501, and 4502 + of this title''; and + (E) in subsection (b), as redesignated by subparagraph + (A)-- + (i) by inserting ``Determination of Appropriate + Competitive Procedures.--'' before ``In determining''; + (ii) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; + (iii) in paragraph (1), as so redesignated, by + redesignating clauses (i), (ii), (iii), and (iv) as + subparagraphs (A), (B), (C), and (D), respectively; and + (iv) in paragraph (2), as so redesignated, by striking + ``clause (A)'' and inserting ``paragraph (1)''. + (3) Transfer of subsection (j) of section 2304.--Subsection (j) + of such section 2304 is transferred to such section 3201, inserted + after subsection (b), as transferred and redesignated by paragraph + (2), redesignated as subsection (c), and amended by inserting + ``Efficient Fulfillment of Government Requirements.--'' before + ``The Federal''. + (4) Transfer of subsection (h) of section 2304.--Subsection (h) + of such section 2304 is transferred to such section 3201, inserted + after subsection (c), as transferred and redesignated by paragraph + (3), redesignated as subsection (d), and amended by inserting + ``Certain Purchases or Contracts to Be Treated as if Made With + Sealed-bid Procedures.--'' before ``For the purposes''. + (5) Transfer of subsection (k) of section 2304.--Subsection (k) + of such section 2304 is transferred to such section 3201, inserted + after subsection (d), as transferred and redesignated by paragraph + (4), redesignated as subsection (e), and amended-- + (A) by striking the subsection designation and all that + follows through ``section 2303(a)'' in paragraph (1) and + inserting the following: + ``(e) New Contracts and Merit-based Selection Procedures.-- + ``(1) Congressional policy.--It is the policy of Congress that + an agency named in section 3063''; + (B) by moving paragraphs (2), (3), and (4) two ems to the + right; + (C) by switching paragraphs (2) and (3) and redesignating + them accordingly; + (D) in paragraph (2), as so redesignated by subparagraph + (C), by inserting ``New contract described.--'' before ``For + purposes of''; + (E) in paragraph (3), as so redesignated by subparagraph + (C), by inserting ``Provision of law described.--'' before ``A + provision of''; and + (F) in paragraph (4)-- + (i) by inserting ``Exception.--'' before ``This + subsection''; and + (ii) by striking ``section 2303(a)'' and inserting + ``section 3063''. + (d) Section 2304 (partial).-- + (1) Section headings.--Chapter 221 of title 10, United States + Code, as amended by subsection (b), is amended by adding after + section 3201, as added by subsection (c), the following new + sections: +``Sec. 3203. Exclusion of particular source or restriction of + solicitation to small business concerns +``Sec. 3204. Use of procedures other than competitive procedures +``Sec. 3205. Simplified procedures for small purchases''. + (2) Transfer of subsection (b) of section 2304.--Subsection (b) + of section 2304 of title 10, United States Code, is transferred to + section 3203 of such title, as added by paragraph (1), inserted + after the section heading, redesignated as subsection (a), and + amended-- + (A) by striking the subsection designation and all that + follows through ``may provide for'' the first place it appears + and inserting the following: + ``(a) Exclusion of Particular Source.-- + ``(1) Criteria for exclusion.--The head of an agency may + provide for''; + (B) by striking ``covered by this chapter'' in the matter + preceding subparagraph (A) and inserting ``covered by chapter + 137 legacy provisions''; + (C) by indenting subparagraphs (A) through (F) of paragraph + (1) four ems from the left margin; + (D) by redesignating paragraph (2) as subsection (b) and in + that subsection-- + (i) inserting ``Exclusion of Other Than Small Business + Concerns.--'' before ``The head of''; and + (ii) striking ``this section'' and inserting ``chapter + 137 legacy provisions''; + (E) by redesignating paragraph (3) as subsection (c) and in + that subsection-- + (i) inserting ``Inapplicability of Justification and + Approval Requirements.--'' before ``A contract''; and + (ii) striking ``subsection (f)(1)'' and inserting + ``section 3204(e)(1) of this title''; and + (F) by transferring paragraph (4) to the end of subsection + (a), as so redesignated, redesignating such paragraph as + paragraph (2), indenting such paragraph two ems from the left + margin, and inserting ``Determination for Class Disallowed.--'' + before ``A determination''. + (3) Transfer of subsection (c) of section 2304.--Subsection (c) + of section 2304 of title 10, United States Code, is transferred to + section 3204 of such title, as added by paragraph (1), inserted + after the section heading, redesignated as subsection (a), and + amended-- + (A) by inserting ``When Procedures Other Than Competitive + Procedures May Be Used.--'' before ``The head of an agency may + use''; + (B) in paragraph (3)-- + (i) by striking ``in order (A) to maintain'' and + inserting ``in order-- + ``(A) to maintain''; + (ii) by striking ``industrial mobilization, (B) to + establish'' and inserting ``industrial mobilization-- + ``(B) to establish''; + (iv) by striking ``development center, or (C) to + procure'' and inserting ``development center-- + ``(C) to procure''; + (C) in paragraph (5), by striking ``subsection (k)'' and + inserting ``section 3201(e) of this title''; and + (D) in paragraph (7), by inserting ``(who may not delegate + the authority under this paragraph)'' after ``the head of the + agency''. + (4) Transfer of subsection (d) of section 2304.--Subsection (d) + of section 2304 of title 10, United States Code, is transferred to + section 3204 of such title, as added by paragraph (1), inserted + after subsection (a), as transferred and redesignated by paragraph + (3), redesignated as subsection (b), and amended-- + (A) by striking ``(1) For the purposes'' and inserting + ``Property or Services Considered to Be Available From Only One + Source.--For the purposes''; + (B) by striking ``subsection (c)(1)'' and inserting + ``subsection (a)(1)''; + (C) by striking paragraph (2); and + (D) by redesignating paragraph (3) as subsection (c) and in + that subsection-- + (i) by striking ``(A) The contract period'' and + inserting ``Property or Services Needed With Unusual and + Compelling Urgency.-- + ``(1) Allowable contract period.--The contract period''; + (ii) by redesignating subparagraph (B) as paragraph + (2), indenting that paragraph two ems from the left margin, + and striking ``this paragraph'' and inserting + ``Applicability of allowable contract period.--This + subsection''; and + (iii) in paragraph (1), as designated by clause (i)-- + + (I) by striking ``subparagraph (B)'' and + ``subsection (c)(2)'' and inserting ``paragraph (2)'' + and ``subsection (a)(2)'', respectively; and + (II) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively, redesignating + subclauses (I) and (II) of such subparagraph (A) as + clauses (i) and (ii), respectively, and moving such + subparagraphs two ems to the right. + + (5) Transfer of subsection (e) of section 2304.--Subsection (e) + of section 2304 of title 10, United States Code, is transferred to + section 3204 of such title, as added by subparagraph (A), inserted + after subsection (c), as transferred and redesignated by + subparagraph (D), redesignated as subsection (d), and amended-- + (A) by inserting ``Offer Requests to Potential Sources.-- + The head of''; and + (B) by striking ``subsection (c)(2) or (c)(6)'' and + inserting ``paragraph (2) or (6) of subsection (a)''. + (6) Transfer of subsection (f) of section 2304.--Subsection (f) + of section 2304 of title 10, United States Code, is transferred to + section 3204 of such title, as added by paragraph (1), inserted + after subsection (d), as transferred and redesignated by paragraph + (5), redesignated as subsection (e), and amended-- + (A) by striking ``(1) Except as provided in paragraph (2) + and paragraph (6)'' and inserting ``Justification for Use of + Procedures Other Than Competitive Procedures.--'' + ``(1) Prerequisites for awarding contract.--Except as provided + in paragraphs (3), (4), and (7),''; + (B) by moving subparagraphs (A), (B), and (C) of paragraph + (1) two ems to the right; + (C) by switching paragraphs (2) and (3) and redesignating + those paragraphs accordingly; + (D) in paragraph (2), as so redesignated, by inserting + ``Elements of justification.--'' before ``The justification''; + (E) in paragraph (3), as so redesignated-- + (i) by inserting ``Justification and approval allowed + after contract awarded.--'' before ``In the case of''; and + (ii) by striking ``subsection (c)(2)'' in the first + sentence and inserting ``subsection (a)(2)''; + (F) by redesignating paragraphs (4), (5), and (6) as + paragraphs (5), (6), and (7), respectively; + (G) by designating the second sentence of paragraph (3), as + redesignated by subparagraph (C), as paragraph (4) and in that + paragraph-- + (i) by inserting ``Justification and approval not + required.--'' before ``The justification and approval''; + (ii) in subparagraph (C), by striking ``subsection + (c)(7)'' and inserting ``subsection (a)(7)''; and + (iii) in subparagraph (E), by striking ``subsection + (c)(4)'' and inserting ``subsection (a)(4)''; + (H) in paragraph (5), as redesignated by subparagraph (F)-- + (i) by redesignating subparagraphs (A) and (B) as + clauses (i) and (ii), respectively, and moving those + clauses two ems to the right; + (ii) by striking ``In no case'' and inserting + ``Restrictions on Agencies.-- + ``(A) In no case''; + (iii) in subparagraph (A)(ii), as so redesignated, by + striking ``this chapter'' and inserting ``chapter 137 + legacy provisions''; and + (iv) by designating the sentence beginning ``The + restriction contained'' as subparagraph (B) and by striking + ``clause (B)'' in that sentence and inserting + ``subparagraph (A)(ii)''; + (I) in paragraph (6), as redesignated by subparagraph (F), + by striking ``(A) The authority'' and inserting ``Limitation on + Delegations of Authority Under Paragraph (1)(B).--(A) The + authority''; + (J) in paragraph (7), as redesignated by subparagraph (F), + by inserting ``Justification and approval not required for + phase iii sbir award.--'' before ``The justification''; and + (K) by moving such paragraphs (2) through (7) two ems to + the right. + (7) Transfer of subsection (l) of section 2304.--Subsection (l) + of section 2304 of title 10, United States Code, is transferred to + section 3204 of such title, as added by paragraph (1), inserted + after subsection (e), as transferred and redesignated by paragraph + (6), redesignated as subsection (f), and amended-- + (A) by striking ``(1)(A) Except as provided in'' and + inserting ``Public Availability of Justification and Approval + Required for Using Procedures Other Than Competitive + Procedures.-- + ``(1) Time requirement.-- + ``(A) Within 14 days after contract award.--Except as + provided in''; + (B) in paragraph (1)(A), by striking ``subsection (c)'' and + ``subsection (f)(1)'' and inserting ``subsection (a)'' and + ``subsection (e)(1)'', respectively; + (C) by indenting subparagraph (B) of paragraph (1) four ems + from the left margin and in that subparagraph-- + (i) by inserting ``Within 30 days after contract + award.--'' before ``In the case of''; and + (ii) by striking ``subsection (c)(2)'' and inserting + ``subsection (a)(2)''; + (D) by indenting paragraphs (2) and (3) two ems from the + left margin; + (E) in paragraph (2), by inserting ``Availability on + websites.--'' before ``The documents''; and + (F) in paragraph (3), by inserting ``Exception.--'' before + ``This subsection''. + (8) Transfer of subsection (i) of section 2304.--Subsection (i) + of section 2304 of title 10, United States Code, is transferred to + section 3204 of such title, as added by paragraph (1), inserted + after subsection (f), as transferred and redesignated by paragraph + (7), redesignated as subsection (g), and amended-- + (A) by striking ``(1) The Secretary'' and inserting + ``Regulations With Respect to Negotiation of Prices.--'' + ``(1) The Secretary''; + (B) in paragraph (1), by striking ``, as defined in section + 2302(2) of this title''; and + (C) by moving paragraphs (2) and (3) two ems to the right. + (9) Transfer of subsection (g) of section 2304.--Subsection (g) + of section 2304 of title 10, United States Code, is transferred to + section 3205 of such title, as added by paragraph (1), inserted + after the section heading, redesignated as subsection (a), and + amended-- + (A) by striking ``(1) in order to'' and inserting + ``Authorization.--In order to''; + (B) by redesignating paragraphs (2), (3), and (4) as + subsections (b), (c), and (d), respectively; + (C) by redesignating subparagraphs (A) and (B) in + subsection (a) as paragraphs (1) and (2), respectively; + (D) in subsection (b), as redesignated by subparagraph + (B)-- + (i) by inserting ``Prohibition on Dividing Contracts.-- + '' before ``A proposed''; and + (ii) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; + (E) in subsection (c), as redesignated by subparagraph (B), + by inserting ``Promotion of Competition.--'' before ``In + using''; and + (F) in subsection (d), as redesignated by subparagraph (B), + by inserting ``Compliance With Special Requirements of Federal + Acquisition Regulation.--'' before ``The head of''. + (e) Section 2305(a).-- + (1) In general.--Such chapter is further amended by adding at + the end the following new section: +``Sec. 3206. Planning and solicitation requirements''. + (2) Transfer of subsection (a) of section 2305.--Subsection (a) + of section 2305 of title 10, United States Code, is transferred to + section 3206 of such title, as added by paragraph (1), and inserted + after the section heading, and paragraphs (2), (3), (4), and (5) + thereof are redesignated as subsections (b), (c), (d), and (e), + respectively. + (3) Revisions to subsection (a).--Subsection (a) of such + section 3206, as transferred by paragraph (2), is amended-- + (A) by redesignating subparagraphs (B) and (C) as + paragraphs (2) and (3), respectively; + (B) in paragraph (2), as so redesignated-- + (i) by inserting ``Requirements of specifications.--'' + before ``Each solicitation''; + (ii) by striking ``under this chapter'' after ``Each + solicitation'' and inserting ``under chapter 137 legacy + provisions''; + (iii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; and + (iv) in subparagraph (A), as so redesignated, by + striking ``of this chapter'' and inserting ``of chapter 137 + legacy provisions''; + (C) in paragraph (3), as so redesignated-- + (i) by inserting ``Types of specifications.--'' before + ``For the purposes''; and + (ii) by redesignating clauses (i), (ii), and (ii) as + subparagraphs (A), (B), and (C), respectively; + (D) by moving such paragraphs (2) and (3) two ems to the + right; and + (E) in paragraph (1)-- + (i) by striking ``(1)(A) In preparing for'' and + inserting ``Planning and Specifications.-- + ``(1) Preparing for procurement.--In preparing for''; + (ii) by redesignating clauses (i), (ii), and (ii) as + subparagraphs (A), (B), and (C), respectively; and + (iii) by moving such subparagraphs two ems to the + right. + (4) Revisions to subsection (b).--Subsection (b) of such + section 3206, as redesignated by paragraph (2), is amended-- + (A) in the matter preceding subparagraph (A)-- + (i) by inserting ``Contents of solicitation.--'' before + ``In addition to''; and + (ii) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; + (B) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; + (C) by redesignating clauses (i) and (ii) of paragraphs (1) + and (2) (as so redesignated) as subparagraphs (A) and (B), + respectively; and + (D) in subparagraphs (A) and (B) of such paragraph (2), as + so redesignated, by redesignating subclauses (I) and (II) as + clauses (i) and (ii), respectively. + (5) Revisions to subsection (c).--Subsection (c) of such + section 3206, as redesignated by paragraph (2), is amended-- + (A) by striking ``(A) In prescribing the'' and inserting + ``Evaluation Factors.-- + ``(1) In general.--In prescribing the''; + (B) by redesignating subparagraphs (B), (C), (D), and (E) + as paragraphs (2), (3), (4), and (5), respectively, and moving + those paragraphs two ems to the right; + (C) in paragraph (1), as designated by subparagraph (A)-- + (i) by redesignating clauses (i), (ii), and (iii) as + subparagraphs (A), (B), and (C), respectively, and moving + those paragraphs two ems to the right; + (ii) by redesignating subclauses (I), (II), and (III) + of subparagraph (C) (as so redesignated) as clauses (i), + (ii), and (iii), respectively; and + (iii) by striking ``subparagraph (C)'' both places it + appears and inserting ``paragraph (3)''; + (D) in paragraph (2), as redesignated by subparagraph (B)-- + (i) by inserting ``Restriction on implementing + regulations.--'' before ``The regulations implementing''; + and + (ii) by striking ``clause (iii) of subparagraph (A)'' + and inserting ``paragraph (1)(C)''; + (E) in paragraph (3), as redesignated by subparagraph (B)-- + (i) by inserting ``Exceptions for certain multiple task + or delivery order contracts.--'' before ``If the head of''; + (ii) by striking ``section 2304a(d)(1)(B)'' and + inserting ``section 3403(d)(1)(B)''; + (iii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; + (iv) in subparagraph (A), as so redesignated, by + striking ``clause (ii) of subparagraph (A)'' and inserting + ``paragraph (1)(B)'' and + (v) in subparagraph (B), as so redesignated-- + + (I) by striking ``clause (i)'' in the matter + preceding subclause (I) and inserting ``subparagraph + (A)''; + (II) by redesignating subclauses (I) and (II) as + clauses (i) and (ii), respectively; + (III) in clause (i), as so redesignated, by + striking ``clause (iii) of subparagraph (A)'' and + inserting ``paragraph (1)(C)''; and + (IV) in clause (ii), as so redesignated, by + striking ``section 2304c(b)'' and inserting ``section + 3406(c)''; + + (F) in paragraph (4), as redesignated by subparagraph (B)-- + (i) by inserting ``Definition.--'' before ``In + subparagraph''; + (ii) by striking ``subparagraph (C)'' and inserting + ``paragraph (3)''; and + (iii) by redesignating clauses (i), (ii), and (iii) as + subparagraphs (A), (B), and (C), respectively; and + (G) in paragraph (5), as redesignated by subparagraph (B), + by striking ``Subparagraph (C)'' and inserting ``Exclusion of + applicability to certain contracts.--Paragraph (3)''. + (6) Revisions to subsection (d).--Subsection (d) of such + section 3206, as redesignated by paragraph (2), is amended-- + (A) by inserting ``Additional Information in + Solicitation.--'' before ``Nothing in''; + (B) by striking ``this subsection'' and inserting ``this + section''; and + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively. + (7) Revision to subsection (e).--Subsection (e) of such section + 3206, as redesignated by paragraph (2), is amended by inserting + ``Limitation on Evaluation of Purchase Options.--'' before ``The + head of''. + (f) Section 2305(c).-- + (1) Section heading.--Such chapter is further amended by adding + at the end the following new section: +``Sec. 3207. Assessment before contract for acquisition of supplies is + entered into''. + (2) Transfer of subsection (c) of section 2305.--Subsection (c) + of section 2305 of title 10, United States Code, is transferred to + section 3207 of such title, as added by paragraph (1), inserted + after the section heading, and amended by striking the subsection + designation. + (g) Section 2305(d).-- + (1) Section heading.--Such chapter is further amended by adding + at the end the following new section: +``Sec. 3208. Planning for future competition in contracts for major + systems''. + (2) Transfer of subsection (d) of section 2305.--Subsection (d) + of section 2305 of title 10, United States Code, is transferred to + section 3208 of such title, as added by paragraph (1), inserted + after the section heading, and redesignated as subsection (a), and + paragraphs (2), (3), and (4) thereof are redesignated as + subsections (b), (c), and (d), respectively. + (3) Revisions to subsection (a).--Subsection (a) of such + section 3208, as transferred and redesignated by paragraph (2), is + amended-- + (A) by striking ``(1)(A) The Secretary'' and inserting + ``Development Contract.-- + ``(1) Determining whether proposals are necessary.--The + Secretary''; + (B) by striking ``subparagraph (B)'' in the first sentence + and inserting ``paragraph (2)''; + (C) by redesignating subparagraph (B) as paragraph (2) and + clauses (i) and (ii) thereof as subparagraphs (A) and (B), + respectively; and + (D) in paragraph (2), as so redesignated-- + (i) by inserting ``Contents of proposals.--'' before + ``Proposals referred to''; and + (ii) by striking ``subparagraph (A)'' and inserting + ``paragraph (1)''. + (4) Revisions to subsection (b).--Subsection (b) of such + section 3208, as redesignated by paragraph (2), is amended-- + (A) by striking ``(A) The Secretary'' and inserting + ``Production Contract.-- + ``(1) Determining whether proposals are necessary.--The + Secretary''; + (B) by striking ``subparagraph (B)'' in the first sentence + and inserting ``paragraph (2)''; + (C) by redesignating subparagraph (B) as paragraph (2) and + clauses (i) and (ii) thereof as subparagraphs (A) and (B), + respectively; and + (D) in paragraph (2), as so redesignated-- + (i) by inserting ``Contents of proposals.--'' before + ``Proposals referred to''; and + (ii) by striking ``subparagraph (A)'' and inserting + ``paragraph (1)''. + (5) Revisions to subsection (c).--Subsection (c) of such + section 3208, as redesignated by paragraph (2), is amended-- + (A) by inserting ``Consideration of Factors as Objectives + in Negotiations.--'' before ``If the head of''; and + (B) by striking ``paragraphs (1) and (2)'' and inserting + ``subsections (a) and (b)''. + (6) Revisions to subsection (d).--Subsection (d) of such + section 3208, as redesignated by paragraph (2), is amended-- + (A) by striking ``(A) Whenever the head of'' and inserting + ``Items Developed Exclusively at Private Expense.-- + ``(1) Limitation.--Whenever the head of''; + (B) by redesignating subparagraph (B) as paragraph (2), + inserting ``Evaluation.--'' before ``In considering'', and + indenting that paragraph two ems from the left margin; + (C) by redesignating clauses (i) and (ii) of paragraph (1) + as subparagraphs (A) and (B), respectively, and indenting those + subparagraphs four ems from the left margin; and + (D) by striking ``paragraph (1)(B) or (2)(B)'' both places + it appears and inserting ``subsection (a)(2) or (b)(2)''. +SEC. 1812. INDEPENDENT COST ESTIMATION AND COST ANALYSIS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 221, as added by the preceding section, the +following new chapter: + + ``CHAPTER 222--INDEPENDENT COST ESTIMATION AND COST ANALYSIS + +``3221. Director of Cost Assessment and Program Evaluation. +``3222. Independent cost estimate required before approval. +``3223. Director: review of cost estimates, cost analyses, and records + of the military departments and Defense Agencies. +``3224. Director: participation, concurrence, and approval in cost + estimation. +``3225. Discussion of risk in cost estimates. +``3226. Estimates for program baseline and analyses and targets for + contract negotiation purposes. +``3227. Guidelines and collection method for acquisition of cost data. + +``Sec. 3221. Director of Cost Assessment and Program Evaluation +``Sec. 3222. Independent cost estimate required before approval +``Sec. 3223. Director: review of cost estimates, cost analyses, and + records of the military departments and Defense Agencies +``Sec. 3224. Director: participation, concurrence, and approval in cost + estimation +``Sec. 3225. Discussion of risk in cost estimates +``Sec. 3226. Estimates for program baseline and analyses and targets + for contract negotiation purposes +``Sec. 3227. Guidelines and collection method for acquisition of cost + data''. + (b) Transfer of Subsections (a) and (h) of Section 2334 to Section +3221.-- + (1) Transfer of subsection (a) of section 2334.--Subsection (a) + of section 2334 of title 10, United States Code, is transferred to + section 3221 of such title, as added by subsection (a), inserted + after the section heading, and amended by designating the second + sentence as subsection (b). + (2) Revisions to new subsection (b).--Subsection (b) of such + section 3221, as designated by paragraph (1), is amended-- + (A) by striking ``In carrying out that responsibility,'' + and inserting ``Functions.--In carrying out the responsibility + of the Director under subsection (a),''; + (B) in paragraph (2)-- + (i) by striking ``provide guidance'' and all that + follows through ``Defense Agencies''; and + (ii) by striking ``of this title;'' and inserting ``of + this title, provide guidance to and consult with-- + ``(A) the Secretary of Defense; + ``(B) the Under Secretary of Defense for Acquisition and + Sustainment; + ``(C) the Under Secretary of Defense (Comptroller); + ``(D) the Secretaries of the military departments; and + ``(E) the heads of the Defense Agencies;''; + (C) in paragraph (6)(A)-- + (i) in clause (i), by striking ``section 2366a or + 2366b'' and inserting ``section 4251 or 4252''; and + (ii) in clause (iii), by striking ``section 2433a'' and + inserting ``section 4376''; and + (D) in paragraph (8), by striking ``section 2432(c)(1)'' + and inserting ``section 4353(a)''. + (3) Transfer of subsection (h) of section 2334.--Subsection (h) + of section 2334 of title 10, United States Code, is transferred to + such section 3221, inserted after subsection (b), as designated by + paragraph (2), and redesignated as subsection (c). + (c) Transfer of Subsection (b) of Section 2334.-- + (1) Transfer.--Subsection (b) of section 2334 of title 10, + United States Code, is transferred to section 3222 of such title, + as added by subsection (a), inserted after the section heading, and + redesignated as subsection (a). + (2) Revisions.--Such section 3222 is amended-- + (A) by striking ``Independent Cost Estimate Required Before + Approval.--(1) A milestone'' and inserting ``Requirement.-- A + milestone''; + (B) by redesignating paragraph (2) as subsection (b); + (C) in subsection (b), as so redesignated-- + (i) by inserting ``Regulations.--'' before ``The + regulations''; and + (ii) by striking ``subsection (a)'' and inserting + ``section 3221 of this title''; and + (D) in subsections (a) and (b), as so redesignated, by + redesignating subparagraphs (A) and (B) as paragraphs (1) and + (2), respectively. + (d) Transfer of Subsection (c) of Section 2334.--Subsection (c) of +section 2334 of title 10, United States Code, is transferred to section +3223 of such title, as added by subsection (a), inserted after the +section heading, and amended by striking the subsection designation and +subsection heading. + (e) Transfer of Subsection (d) of Section 2334.-- + (1) Transfer.--Subsection (d) of section 2334 of title 10, + United States Code, is transferred to section 3224 of such title, + as added by subsection (a), and inserted after the section heading. + (2) Revisions.--Such section 3224 is amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) in paragraph (3), by striking ``subsection (a)(6)'' and + inserting ``section 3221(b)(6) of this title''. + (f) Transfer of Subsection (e) of Section 2334.-- + (1) Transfer.--Subsection (e) of section 2334 of title 10, + United States Code, is transferred to section 3225 of such title, + as added by subsection (a), and inserted after the section heading. + (2) Revisions.--Such section 3225 is amended-- + (A) by striking the subsection designation and subsection + heading; + (B) in paragraph (3)(A), by striking ``subsection (a)(6)'' + and inserting ``section 3221(b)(6) of this title''; and + (C) in paragraph (3)(B), by striking ``section 2432'' and + inserting ``sections 4351 through 4358''. + (g) Transfer of Subsection (f) of Section 2334.-- + (1) Transfer.--Subsection (f) of section 2334 of title 10, + United States Code, is transferred to section 3226 of such title, + as added by subsection (a), inserted after the section heading, and + redesignated as subsection (a). + (2) Revisions.--Such section 3226 is amended-- + (A) by striking ``Estimates for'' and all that follows + through ``(1) The policies,'' and inserting ``Cost Estimates + Developed for Specified Purposes Not to Be Used for Contract + Negotiations or Obligation of Funds.--The policies,''; + (B) in subsection (a), as so redesignated-- + (i) by striking ``subsection (a)'' and inserting + ``section 3221 of this title''; and + (ii) by striking ``subsection (a)(6)'' and inserting + ``subsection (b)(6) of such section''; + (C) by redesignating paragraph (2) as subsection (b) and + inserting ``Cost Estimates Developed for Specified Purposes Not + to Be Used for Contract Negotiations or Obligation of Funds.-- + '' before ``The Under''; + (D) by redesignating paragraph (3) as subsection (c) and in + that subsection-- + (i) by striking the first three words and inserting + ``Program Manager and Contracting Officer.--The program + manager''; and + (ii) by striking ``paragraph (1)'' and ``paragraph + (2)'' and inserting ``subsection (a)'' and ``subsection + (b)'', respectively; and + (E) by redesignating paragraph (4) as subsection (d) and in + that subsection-- + (i) by striking ``Funds that are'' and inserting + ``Availability of Excess Funds.--'' + ``(1) Funds that are''; + (ii) in paragraph (1), as designated by clause (i), by + striking ``subsection (a)(6)'' and ``paragraph (2)'' and + inserting ``section 3221(b)(6) of this title'' and + ``subsection (b)'', respectively; + (iii) by redesignating paragraph (5) as paragraph (2) + and moving that paragraph two ems to the right; and + (iv) in paragraph (2), as so redesignated-- + + (I) in the matter preceding subparagraph (A), by + striking ``paragraph (4)'' and inserting ``paragraph + (1)''; + (II) in subparagraph (A)(i), by striking + ``paragraph (2)'' and inserting ``subsection (b)''; and + (III) in subparagraph (A)(ii), by striking + ``section 2308'' and inserting ``section 3069''. + + (h) Transfer of Subsection (g) of Section 2334.-- + (1) Transfer.--Subsection (g) of section 2334 of title 10, + United States Code, is transferred to section 3227 of such title, + as added by subsection (a), inserted after the section heading, and + redesignated as subsection (a). + (2) Revisions.--Section 3227, as amended by paragraph (1), is + further amended-- + (A) by striking ``Guidelines and'' and all that follows + through ``(1) The Director of'' and inserting ``Director of + Cape to Develop Guidelines and Collection Method.--The Director + of''; + (B) by redesignating paragraph (2) as subsection (b) and in + that subsection-- + (i) by inserting ``Applicability to Acquisition + Programs in Amount Greater Than Specified Threshold.--'' + before ``The program manager''; and + (ii) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; and + (C) by redesignating paragraph (3) as subsection (c) and in + that subsection-- + (i) by inserting ``Limitation on Waiver Authority.--'' + before ``The requirement''; and + (ii) by striking ``paragraph (1)'' and inserting + ``subsection (a)''. +SEC. 1813. OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION +GENERALLY. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 222, as added by the preceding section, the +following new chapter: + + ``CHAPTER 223--OTHER PROVISIONS RELATING TO PLANNING AND SOLICITATION + GENERALLY -SEC. 1653. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING - SPACE SENSOR PAYLOAD. - - (a) Findings; Sense of Congress.-- - (1) Findings.--Congress finds the following: - (A) Subsection (d) of section 1683 of the National - Defense Authorization Act for Fiscal Year 2018 (Public - Law 115-91; 10 U.S.C. 2431 note), as amended by section - 1683 of the National Defense Authorization Act for - Fiscal Year 2020 (Public Law 116-92), requires the - Director of the Missile Defense Agency to develop a - hypersonic and ballistic tracking space sensor payload - to address missile defense tracking requirements. - (B) The budget of the President for fiscal year - 2021 submitted under section 1105 of title 31, United - States Code, did not provide any funding for the - Missile Defense Agency to continue the development of - such sensor payload. - (2) Sense of congress.--It is the sense of Congress that-- - (A) regardless of the overall architecture for a - missile defense tracking space layer, the Director of - the Missile Defense Agency should remain the material - developer for the hypersonic and ballistic tracking - space sensor payload to ensure that-- - (i) unique hypersonic and ballistic missile - tracking requirements are met; and - (ii) the system can be integrated into the - existing missile defense system command and - control, battle management, and communications - system; and - (B) the Secretary of Defense should ensure - transparency of funding for this effort to ensure - proper oversight can be conducted on this critical - capability. - (b) Limitation.--Subsection (d) of section 1683 of the National -Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 -U.S.C. 2431 note), as amended by section 1683 of the National Defense -Authorization Act for Fiscal Year 2020 (Public Law 116-92), is amended -by adding at the end the following new paragraph: - ``(3) Limitation.--Of the funds authorized to be - appropriated by the National Defense Authorization Act for - Fiscal Year 2021 or otherwise made available for fiscal year - 2021 for operation and maintenance, Defense-wide, for the Space - Defense Agency, not more than 50 percent may be obligated or - expended until the date on which the Secretary submits the - certification under paragraph (2)(B).''. - (c) Coordination.--Subsection (a) of such section is amended by -striking ``the Commander of the Air Force Space Command and'' and -inserting ``the Chief of Space Operations, the Commander of the United -States Space Command, the Commander of the United States Northern -Command, and''. - -SEC. 1654. ANNUAL CERTIFICATION ON HYPERSONIC AND BALLISTIC MISSILE - TRACKING SPACE SENSOR PAYLOAD. - - (a) Finding; Sense of Congress.-- - (1) Finding.--Congress finds that the budget submitted by - the President under section 1105(a) of title 31, United States - Code, for fiscal year 2021 does not fully fund an operational - capability for the hypersonic and ballistic missile tracking - space sensor within the tracking layer of the persistent space- - based sensor architecture of the Space Development Agency, - despite such space sensor being a requirement by the combatant - commanders and being highlighted as a needed capability against - both hypersonic and ballistic threats in the Missile Defense - Review published in 2019. - (2) Sense of congress.--It is the sense of Congress that - the Missile Defense Agency hypersonic and ballistic missile - tracking space sensor must be prioritized within the persistent - space-based sensor architecture of the Space Development Agency - to ensure the delivery of capabilities to the warfighter as - soon as possible. - (b) Annual Certification.--Subsection (d) of section 1683 of the -National Defense Authorization Act for Fiscal Year 2018 (Public Law -115-91; 10 U.S.C. 2431 note), as amended by section 1653, is further -amended by adding at the end the following new paragraph: - ``(4) Annual certification.--On an annual basis until the - date on which the hypersonic and ballistic tracking space - sensor payload achieves full operational capability, the - Secretary of Defense, without delegation, shall submit to the - appropriate congressional committees a certification that-- - ``(A) the most recent future-years defense program - submitted under section 221 of title 10, United States - Code, includes estimated expenditures and proposed - appropriations in amounts necessary to ensure the - development and deployment of such space sensor payload - as a component of the sensor architecture developed - under subsection (a); and - ``(B) the Commander of the United States Space - Command has validated both the ballistic and hypersonic - tracking requirements of, and the timeline to deploy, - such space sensor payload.''. - -SEC. 1655. ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN THE - DEPARTMENT OF DEFENSE. - - (a) Findings.--Congress finds the following: - (1) Since the Missile Defense Agency was aligned to be - under the authority, direction, and control of the Under - Secretary of Defense for Research and Engineering pursuant to - section 205(b) of title 10, United States Code, the advanced - technology development budget requests in the defense budget - materials (as defined in section 231(f) of title 10, United - States Code) have decreased by more than 650 percent, from a - request for $292,000,000 for fiscal year 2018 (the highest such - request) to a request for $45,000,000 for fiscal year 2021. - (2) The overwhelming majority of the budget of the Missile - Defense Agency is invested in programs that would be - categorized as acquisition category 1 efforts if such programs - were administered under the acquisition standards under - Department of Defense Directive 5000. - (b) Sense of Congress.--It is the sense of Congress that, in light -of the findings under subsection (a), upon the completion of the -independent review of the organization of the Missile Defense Agency -required by section 1688 of the National Defense Authorization Act for -Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1787), the Secretary of -Defense should reassess the alignment of the Agency within the -Department of Defense to ensure that missile defense efforts are being -given proper oversight and that the Agency is focused on delivering -capability to address current and future threats. - (c) Report.--Not later than February 28, 2021, the Secretary of -Defense shall submit to the congressional defense committees a report -on the alignment of the Missile Defense Agency within the Department of -Defense. The report shall include-- - (1) a description of the risks and benefits of both-- - (A) continuing the alignment of the Agency under - the authority, direction, and control of the Under - Secretary of Defense for Research and Engineering - pursuant to section 205(b) of title 10, United States - Code; and - (B) realigning the Agency to be under the - authority, direction, and control of the Under - Secretary of Defense for Acquisition and Sustainment; - and - (2) if the Agency were to be realigned, the actions that - would need to be taken to realign the Agency to be under the - authority, direction, and control of the Under Secretary of - Defense for Acquisition and Sustainment or another element of - the Department of Defense. +``Sec. +``3241. Design-build selection procedures. +``3242. Supplies: economic order quantities. +``3243. Encouragement of new competitors: qualification requirement. +``3244. [Reserved]. +``3245. [Reserved]. +``3246. [Reserved]. +``3247. Contracts: regulations for bids. +``3248. Matters relating to reverse auctions. +``3249. Advocates for competition. +``3250. [Reserved]. +``3251. [Reserved]. +``3252. Requirements for information relating to supply chain risk.''. + + (b) Transfer of Section 2305a of Title 10.--Section 2305a of title +10, United States Code, is transferred to chapter 223 of such title, as +added by subsection (a), inserted after the table of sections at the +beginning, redesignated as section 3241, and amended as follows: + (1) Subsection (b).--Subsection (b) is amended-- + (A) by redesignating paragraphs (1) through (6) as + subparagraphs (A) through (F), respectively, and moving those + subparagraphs two ems to the right; and + (B) in the matter preceding subparagraph (A), as so + redesignated-- + (i) by striking ``or work when the contracting + officer'' and inserting ``or work when-- + ``(1) the contracting officer''; + (ii) by striking ``such contract, design work'' and + inserting ``such contract; + ``(2) design work''; + (iii) by striking ``such contract, the offeror'' and + inserting ``such contract; + ``(3) the offeror''; and + (iv) by striking ``the offer, and the contracting + officer'' and inserting ``the offer; and + ``(4) the contracting officer''. + (2) Subsection (c).--Subsection (c) is amended-- + (A) in paragraph (1), by inserting ``Development of scope + of work statement.--'' before ``The agency develops''; + (B) in paragraph (2), by inserting ``Solicitation of phase- + one proposals.--'' before ``The contracting officer''; + (C) in paragraph (3)-- + (i) by striking ``The evaluation factors'' and + inserting ``Evaluation factors.--'' + ``(A) Evaluation factors to be used.--The evaluation + factors''; + (ii) by designating the second and third sentences as + subparagraphs (B) and (C), respectively; + (iii) in subparagraph (A), as designated by clause + (i)-- + + (I) by striking ``and include specialized + experience'' and inserting ``and include-- + + ``(i) specialized experience''; + + (II) by striking ``technical competence, + capability'' and inserting ``technical competence; + + ``(ii) capability''; + + (III) by striking ``to perform, past performance'' + and inserting ``to perform; + + ``(iii) past performance''; and + + (IV) by striking ``the team) and other + appropriate'' and inserting ``the team); and + + ``(iv) other appropriate''; + (iv) in subparagraph (B), as designated by clause (ii), by + inserting ``Relative importance of evaluation factors and + subfactors.--'' before ``Each solicitation''; + (v) in subparagraph (C), as designated by clause (ii), by + inserting ``Evaluation of proposals.--'' before ``The agency''; + (D) in paragraph (4)-- + (i) by striking ``The contracting officer'' and + inserting ``Selection by contracting officer.--'' + ``(A) Number of offerors selected and what is to be + evaluated.--The contracting officer''; + (ii) by redesignating subparagraphs (A) and (B) as + clauses (i) and (ii), respectively; + (iii) in clause (ii), as so redesignated, by striking + ``paragraphs (2), (3), and (4) of section 2305(a)'' and + inserting ``subsections (b), (c), and (d) of section + 3206''; + (iv) by designating the last sentence in that paragraph + as subparagraph (B) and indenting that subparagraph two ems + from the left margin; and + (v) in subparagraph (B), as redesignated by clause + (iv), by striking ``subparagraphs (A) and (B)'' and + inserting ``clauses (i) and (ii) of subparagraph (A)''; and + (E) in paragraph (5)-- + (i) by inserting ``Awarding of contract.--'' before + ``The agency''; and + (ii) by striking ``section 2305(b)(4)'' and inserting + ``section 3303''. + (c) Transfer of Section 2384a of Title 10.--Section 2384a of such +title is transferred to chapter 223 of such title, inserted after +section 3241, as transferred and redesignated by subsection (b), +redesignated as section 3242, and amended as follows: + (1) Subsection (a).--Subsection (a) is amended-- + (A) by striking ``(1) An agency'' and inserting ``Quantity + to Procure.--'' + ``(1) An agency''; + (B) by striking ``section 2303(a)'' and inserting ``section + 3063''; + (C) by striking ``quantity as (A) will result in'' and + inserting ``quantity as-- + ``(A) will result in''; + (D) by striking ``where practicable, and (B) does not'' + ``where practicable; and + ``(B) does not''; and + (E) by indenting paragraph (2) two ems from the left + margin. + (2) Subsection (b).--Subsection (b) is amended by inserting + ``Opinion of Offeror With Respect to Quantity to Be Procured.--'' + before ``Each solicitation for''. + (d) Transfer of Section 2319 of Title 10.--Section 2319 of such +title is transferred to chapter 223 of such title, inserted after +section 3242, as transferred and redesignated by subsection (c), +redesignated as section 3243, and amended as follows: + (1) Section heading.--The heading of such section is amended to + read as follows: +``Sec. 3243. Encouragement of new competitors: qualification + requirement''. + (2) Subsection (a).--Subsection (a) is amended by inserting + ``Qualification Requirement Defined.--'' before ``In this + section''. + (3) Subsection (b).--Subsection (b) is amended-- + (A) by inserting ``Actions Before Establishing + Qualification Requirement.--'' before ``Except as provided''; + and + (B) in paragraph (5), by striking ``clause (4)'' and + inserting ``paragraph (4)''. + (4) Subsection (c).--Subsection (c) is amended-- + (A) by striking ``(1) Subsection (b) of this section'' and + inserting ``Applicability, Waiver Authority, and Referral of + Offers.-- + ``(1) Applicability.--Subsection (b)''; + (B) by indenting paragraphs (2) through (6) two ems from + the left margin; + (C) in paragraph (2)-- + (i) by striking ``(A) Except as provided in + subparagraph (B),'' and inserting ``Waiver Authority.-- + ``(A) Submission of determination of unreasonableness.-- + Except as provided in subparagraph (C),''; + (ii) by redesignating subparagraph (B) as subparagraph + (C); + (iii) by designating the second sentence of + subparagraph (A) as subparagraph (B); + (iv) in subparagraph (B), as so designated, by + inserting ``Authority to grant waiver.--'' before ``After + considering''; and + (v) in subparagraph (C), as redesignated by clause + (ii), by inserting ``Inapplicability to qualified products + list.--'' before ``The waiver''; + (D) in paragraph (3), by inserting ``Submission and + consideration of offer not to be denied in certain cases.--'' + before ``A potential offeror''; + (E) in paragraph (4), by inserting ``Referral to small + business administration.--'' before ``Nothing contained in + this''; + (F) in paragraph (5), by inserting ``Delay of procurement + not required.--'' before ``The head of''; and + (G) in paragraph (6), by inserting ``Requirements before + enforcement of certain lists.--'' before ``The requirements + of''. + (5) Subsection (d).--Subsection (d) is amended-- + (A) by striking ``(1) If the number of'' and inserting + ``Fewer Than 2 Actual Manufacturers.-- + ``(1) Solicitation and testing of additional sources or + products.--If the number of''; + (B) by redesignating paragraph (2) as paragraph (3), + indenting that paragraph two ems from the left margin, and + inserting ``Certification required.--'' before ``The head of''; + (C) in paragraph (1)(B)-- + (i) by inserting ``subject to paragraph (2),'' before + ``bear the cost of''; and + (ii) by striking ``that requirement, but such costs may + be borne'' and inserting ``that requirement.''; + (D) by designating as paragraph (2) the text of paragraph + (1)(B), as so amended, that begins ``only if the head of the + agency''; + (E) in paragraph (2), as designated by subparagraph (D), by + inserting ``Certification when agency may bear cost.--Costs may + be borne under paragraph (1)(B)'' before ``only if''; and + (F) by moving subparagraphs (A) and (B) of paragraph (1) + (as amended) two ems to the right. + (6) Subsection (e).--Subsection (e) is amended by inserting + ``Examination and Revalidation of Qualification Requirement.--'' + before ``Within seven years''. + (7) Subsection (f).--Subsection (f) is amended by inserting + ``Restriction on Enforcement.--'' before ``Except in an''. + (e) Transfer of Section 2381.--Section 2381 of title 10, United +States Code, is transferred to chapter 223 of such title, as added by +this section, inserted after section 3243, as transferred and +redesignated by subsection (d), and redesignated as section 3247. + (f) Transfer of Section 2318.--Section 2318 of title 10, United +States Code, is transferred to chapter 223 of such title, as added by +this section, inserted after section 3247, as transferred and +redesignated by subsection (e), redesignated as section 3249, and +amended by striking ``section 2303(a)'' and inserting ``section 3063''. + (g) Transfer of Section 2339a.--Section 2339a of such title is +transferred to chapter 223 of such title, inserted after section 3249, +as added by subsection (f), redesignated as section 3252, and amended-- + (1) in subsection (b)(3)(A), by striking ``section 2304(f)(3)'' + and inserting ``section 3204(e)(2)''; + (2) in subsection (e)(2)(A), by striking ``section 2319'' and + inserting ``section 3243''; and + (3) in subsection (e)(3)-- + (A) in subparagraph (A), by striking ``section + 2305(a)(1)(C)(ii)'' and ``section 2305(a)(2)(A)'' and inserting + ``section 3206(a)(3)(B)'' and ``section 3206(b)(1)'', + respectively; and + (B) in subparagraph (B), by striking ``section + 2304c(d)(3)'' and inserting ``section 3406(d)(3)''. + (h) Placeholder for Chapter for Provisions Relating to Planning and +Solicitations Relating to Particular Items or Services.--Part V of +subtitle A of title 10, United States Code, as added by section 801 of +the John S. McCain National Defense Authorization Act for Fiscal Year +2019 (Public Law 115-232), is amended by inserting after chapter 223, +as added by this section, the following new chapter: -SEC. 1656. ANALYSIS OF ALTERNATIVES FOR HOMELAND MISSILE DEFENSE - MISSIONS. - - (a) Analysis of Alternatives.-- - (1) Requirement.--Not later than 90 days after the date of - the enactment of this Act, the Director of Cost Assessment and - Program Evaluation, in coordination with the Secretary of the - Navy, the Secretary of the Army, and the Director of the - Missile Defense Agency, shall conduct an analysis of - alternatives with respect to a complete architecture for using - the regional terminal high altitude area defense system and the - Aegis ballistic missile defense system to conduct homeland - defense missions. - (2) Scope.--The analysis of alternatives under paragraph - (1) shall include the following: - (A) The sensors needed for the architecture - described in such paragraph. - (B) An assessment of the locations of each system - included in the analysis to provide similar coverage as - the ground-based midcourse defense system, including, - with respect to such systems that are land-based, by - giving preference to locations with completed - environmental impact analyses conducted pursuant to - section 227 of the National Defense Authorization Act - for Fiscal Year 2013 (Public Law 112-239; 126 Stat. - 1678), to the extent practicable. - (C) The acquisition objectives for interceptors of - the terminal high altitude area defense system and - standard missile-3 interceptors for homeland defense - purposes. - (D) Any improvements needed to the missile defense - system command and control, battle management, and - communications system. - (E) The manning, training, and sustainment needed - to support such architecture. - (F) A detailed schedule for the development, - testing, production, and deployment of such systems. - (G) A lifecycle cost estimate of such architecture. - (H) A comparison of the capabilities, costs, - schedules, and policies with respect to-- - (i) deploying regional systems described in - subsection (a) to conduct homeland defense - missions; and - (ii) deploying future ground-based - midcourse defense systems for such missions. - (3) Submission.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the congressional defense committees a report - containing-- - (A) the analysis of alternatives under paragraph - (1); and - (B) a certification by the Secretary that such - analysis is sufficient. - (b) Assessment.--Not later than February 28, 2021, the Director of -the Defense Intelligence Agency, and the head of any other element of -the intelligence community that the Secretary of Defense determines -appropriate, shall submit to the congressional defense committees an -assessment of the following: - (1) How the development and deployment of regional terminal - high altitude area defense systems and Aegis ballistic missile - defense systems to conduct longer-range missile defense - missions would be perceived by near-peer foreign countries and - rogue nations. - (2) How such near-peer foreign countries and rogue nations - would likely respond to such deployments. + ``CHAPTER 225--PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS + OR SERVICES -SEC. 1657. NEXT GENERATION INTERCEPTORS. +``Sec. +``3271. [Reserved].''. - (a) Notification of Changed Requirements.--During the acquisition -and development process of the next generation interceptor program, not -later than 7 days after the date on which any changes are made to the -requirements for such program that are established in the equivalent to -capability development documentation, the Director of the Missile -Defense Agency shall notify the congressional defense committees of -such changes. - (b) Briefing on Contract.--Not later than 14 days after the date on -which the Director awards a contract for the next generation -interceptor, the Director shall provide the congressional defense -committees a briefing on such contract, including with respect to the -cost, schedule, performance, and requirements of the contract. - (c) Report on Ground-Based Midcourse Defense System.-- - (1) Requirement.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of Defense, in - coordination with the Under Secretary of Defense for Policy, - the Director of the Missile Defense Agency, and the Commander - of the United States Northern Command, shall submit to the - congressional defense committees a report on the ground-based - midcourse defense system. - (2) Matters included.--The report under paragraph (1) shall - include the following: - (A) An explanation of how contracts in existence as - of the date of the report could be used to reestablish - improvements and sustainment for kill vehicles and - boosters for the ground-based midcourse defense system. - (B) An explanation of how such system could be - improved through service life extensions or pre-planned - product improvements to address some of the - requirements of the next generation interceptor by - 2026, including an identification of the costs, - schedule, and any risks. - (C) A description of the costs and schedule with - respect to restarting booster production to field 20 - additional interceptors by 2026. - (D) An analysis of policy implications with respect - to the requirements for the ground-based midcourse - defense system. - -SEC. 1658. OVERSIGHT OF NEXT GENERATION INTERCEPTOR PROGRAM. - - (a) Findings; Sense of Congress.-- - (1) Findings.--Congress finds that the Secretary of Defense - discovered major technical problems with the redesigned kill - vehicle program, which led to cancelling the program in August - 2019 and caused significant delays to the improved defense of - the United States against rogue nation ballistic missile - threats and wasted $1,200,000,000. - (2) Sense of congress.--It is the sense of Congress that - the Secretary of Defense should ensure robust oversight and - accountability for the acquisition of the future next - generation interceptor program to avoid making the same errors - that were experienced in the redesigned kill vehicle effort. - (b) Independent Cost Assessment and Validation.-- - (1) Assessment.--The Director of Cost Assessment and - Program Evaluation shall conduct an independent cost assessment - of the next generation interceptor program. - (2) Validation.--The Under Secretary of Defense for - Acquisition and Sustainment shall validate the preliminary cost - assessment conducted under paragraph (1) that will be used to - inform the award of the contract for the next generation - interceptor. - (3) Submission.--Not later than the date on which the - Director of the Missile Defense Agency awards a contract for - the next generation interceptor, the Secretary of Defense shall - submit to the congressional defense committees a report - containing the preliminary independent cost assessment under - paragraph (1) and the validation under paragraph (2). - (c) Flight Tests.--In addition to the requirements of section 2399 -of title 10, United States Code, the Director of the Missile Defense -Agency may not make any decision regarding the initial production, or -equivalent, of the next generation interceptor unless the Director -has-- - (1) certified to the congressional defense committees that - the Director has conducted not fewer than two successful - intercept flight tests of the next generation interceptor; and - (2) provided to such committees a briefing on the details - of such tests, including with respect to the operational - realism of such tests. + Subtitle C--Contracting Methods and Contract Types -SEC. 1659. MISSILE DEFENSE COOPERATION BETWEEN THE UNITED STATES AND - ISRAEL. +SEC. 1816. AWARDING OF CONTRACTS. + (a) Tables of Chapters Amendments.--The tables of chapters at the +beginning of subtitle A, and at the beginning of part V of subtitle A +(as added by section 801 of Public Law 115-232), of title 10, United +States Code, are amended by striking the items relating to chapters 241 +and 243 and inserting the following: - (a) Sense of Congress.--It is the sense of Congress that-- - (1) the strong and enduring relationship between the United - States and Israel is in the national security interest of both - countries; - (2) the memorandum of understanding signed by the United - States and Israel on September 14, 2016, including the - provisions of the memorandum relating to missile and rocket - defense cooperation, continues to be a critical component of - the bilateral relationship; - (3) the United States and Israel should continue - government-to-government collaboration and information sharing - of technical data to investigate the potential operational use - of Israeli missile defense systems for United States purposes; - and - (4) in addition to the existing Israeli missile defense - interceptor systems, there is potential for developing and - incorporating directed energy platforms to assist the missile - defense capabilities of both the United States and Israel. - (b) Cooperation.--The Secretary of Defense may seek to extend -existing cooperation with Israel to carry out, on a joint basis with -Israel, research, development, test, and evaluation activities to -establish directed energy capabilities that address missile threats to -the United States, the deployed members of the Armed Forces of the -United States, or Israel. The Secretary shall ensure that any such -activities are conducted-- - (1) in accordance with Federal law and the Convention on - Prohibitions or Restrictions on the Use of Certain Conventional - Weapons which may be deemed to be Excessively Injurious or to - have Indiscriminate Effects, signed at Geneva October 10, 1980; - and - (2) in a manner that appropriately protects sensitive - information and the national security interests of the United - States and the national security interests of Israel. +``241. Awarding of Contracts...................................... 3301 -SEC. 1660. REPORT ON DEFENSE OF GUAM FROM INTEGRATED AIR AND MISSILE - THREATS. +``242. Specific Types of Contracts................................ 3321 - (a) Report.--Not later than 120 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -congressional defense committees a report containing a study on the -defense of Guam from integrated air and missile threats, including such -threats from ballistic, hypersonic, and cruise missiles. - (b) Elements.--The report under subsection (a) shall include the -following: - (1) The identification of existing deployed land- and sea- - based air and missile defense programs of record within the - military departments and Defense Agencies, including with - respect to interceptors, radars, and ground-, ship-, air,- and - space-based sensors that could be used either alone or in - coordination with other systems to counter the threats - specified in subsection (a) with an initial operational - capability by 2025. - (2) A plan of how such programs would be used to counter - such threats with an initial operational capability by 2025. - (3) A plan of which programs currently in development but - not yet deployed could enhance or substitute for existing - programs in countering such threats with an initial operational - capability by 2025. - (4) An analysis of which military department, Defense - Agency, or combatant command would have operational control of - the mission to counter such threats. - (5) A cost analysis of the various options described in - paragraphs (1) and (3), including a breakdown of the cost of - weapons systems considered under the various scenarios - (including any costs to modify the systems), the cost benefits - gained through economies of scale, and the cost of any military - construction required. - (6) An analysis of the policy implications regarding - deploying additional missile defense systems on Guam, and how - such deployments could affect strategic stability, including - likely responses from both rogue nations and near-peer - competitors. - (c) Consultation.--The Secretary shall carry out this section in -consultation with each of the following: - (1) The Director of the Missile Defense Agency. - (2) The Commander of the United States Indo-Pacific - Command. - (3) The Commander of the United States Northern Command. - (4) Any other official whom the Secretary of Defense - determines for purposes of this section has significant - technical, policy, or military expertise. - (d) Form.--The report submitted under subsection (a) shall be in -unclassified form, but may contain a classified annex. - (e) Briefing.--Not later than 30 days after the date on which the -Secretary submits to the congressional defense committees the report -under subsection (a), the Secretary shall provide to such committees a -briefing on the report. +``243. Other Matters Relating to Awarding and Types of Contracts.. 3341 -SEC. 1661. REPORT ON CRUISE MISSILE DEFENSE. +``244. Undefinitized Contractual Actions.........................3371''. - Not later than January 15, 2021, the Commander of the United States -Northern Command, in coordination with the Director of the Missile -Defense Agency, shall submit to the congressional defense committees a -report containing-- - (1) an identification of any vulnerability of the - contiguous United States to known cruise missile threats; and - (2) a plan to mitigate any such vulnerability. + (b) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapters 241 and 243 and inserting the following: - Subtitle F--Other Matters + ``CHAPTER 241--AWARDING OF CONTRACTS -SEC. 1671. CONVENTIONAL PROMPT GLOBAL STRIKE. +``Sec. +``3301. Basis of award and rejection. +``3302. Sealed bids. +``3303. Competitive proposals. +``3304. Post-award debriefings. +``3305. Pre-award debriefings. +``3306. Encouragement of alternative dispute resolution. +``3307. Antitrust violations. +``3308. Protests. +``3309. Prohibition on release of contractor proposals.''. + + (c) Transfer of Subsection (b) of Section 2305.-- + (1) Transfer.--Subsection (b) of section 2305 of title 10, + United States Code, is transferred to chapter 241 of such title, as + amended by subsection (b), inserted after the table of sections, + and amended by striking the subsection designation. + (2) Insertion of section headings.--Such chapter is further + amended-- + (A) by inserting before paragraph (1) the following: +``Sec. 3301. Basis of award and rejection''; + (B) by inserting before paragraph (3) the following: +``Sec. 3302. Sealed bids''; + (C) by inserting before paragraph (4) the following: +``Sec. 3303. Competitive proposals''; + (D) by inserting before paragraph (5) the following: +``Sec. 3304. Post-award debriefings''; + (E) by inserting before paragraph (6) the following: +``Sec. 3305. Pre-award debriefings''; + (F) by inserting before paragraph (8) the following: +``Sec. 3306. Encouragement of alternative dispute resolution''; and + (G) by inserting before paragraph (9) the following: +``Sec. 3307. Antitrust violations''. + (3) Amendments to new 3301.--Section 3301 of such title, as + designated by paragraph (2), is amended-- + (A) by redesignating paragraphs (1) and (2) as subsections + (a) and (b), respectively; + (B) in subsection (a), as so redesignated, by inserting + ``Award.--'' before ``The head of''; and + (C) in subsection (b), as so redesignated, by inserting + ``Rejection.--'' before ``All sealed bids''. + (4) Amendments to new 3302.--Section 3302 of such title, as + designated by paragraph (2), is amended-- + (A) by redesignating paragraph (3) as subsection (a); + (B) by designating the second and third sentences as + subsections (b) and (c), respectively; + (C) in subsection (a), as so redesignated, by inserting + ``Opening of Bids.--'' before ``Sealed bids shall be''; + (D) in subsection (b), as so designated-- + (i) by inserting ``Criteria for Awarding Contract.--'' + before ``The head of the agency''; + (ii) by striking ``paragraph (1)'' and inserting + ``section 3301(a) of this title''; and + (iii) by striking ``paragraph (2)'' and inserting + ``section 3301(b) of this title''; and + (E) in subsection (c), as so designated, by inserting + ``Notice of Award.--'' before ``The award of''. + (5) Amendments to new 3303.--Section 3303 of such title, as + designated by paragraph (2), is amended-- + (A) by striking the paragraph designation; + (B) redesignating subparagraphs (A), (B), and (C) as + subsections (a), (b), and (c), respectively; + (C) by designating the second sentence of subsection (c), + as so redesignated, as subsection (d); + (D) in subsection (a), as so redesignated-- + (i) by inserting ``Evaluation and Award.--'' before + ``The head of''; + (ii) by striking ``paragraph (1)'' and inserting + ``section 3301(a) of this title''; and + (iii) by redesignating clauses (i) and (ii) as + paragraphs (1) and (2), respectively; + (E) in subsection (b), as so redesignated-- + (i) by inserting ``Limit on Number of Proposals.--'' + before ``If the contracting officer''; and + (ii) by striking ``subparagraph (A)(i)'' and inserting + ``subsection (a)(1)''; + (F) in subsection (c), as so redesignated-- + (i) by inserting ``Criteria for Awarding Contract.--'' + before ``Except as provided in''; and + (ii) by striking ``paragraph (2)'' and inserting + ``section 3301(b) of this title''; and + (G) in subsection (d), as so designated-- + (i) by inserting ``Notice of Award.--'' before ``The + head of''; and + (ii) by striking ``This subparagraph'' and inserting + ``This subsection''. + (6) Amendments to new 3304.--Section 3304 of such title, as + designated by paragraph (2), is amended-- + (A) by striking the paragraph designation; + (B) by redesignating subparagraphs (A), (B), (D), (E), and + (F) as subsections (a), (c), (d), (e), and (f), respectively; + (C) by designating the second sentence of subsection (a), + as so redesignated, as subsection (b); + (D) by redesignating subparagraph (C) as paragraph (2); + (E) in subsection (a), as so redesignated, by inserting + ``Request for Debriefing.--'' before ``When a''; + (F) in subsection (b), as designated by subparagraph (C), + by inserting ``When Debriefing to Be Conducted.--'' before + ``The head of''; + (G) in subsection (c), as so redesignated by subparagraph + (B)-- + (i) by inserting ``Information to Be Provided.--(1)'' + before ``The debriefing shall include''; + (ii) by redesignating clauses (i) through (vii) as + subparagraphs (A) through (G), respectively; and + (iii) in paragraph (2), as redesignated by subparagraph + (D), by striking ``subparagraph (B)(vii)'' and inserting + ``paragraph (1)(G)''; + (H) in subsection (d), as so redesignated, by inserting + ``Information Not to Be Included.--'' before ``The + debriefing''; + (I) in subsection (e), as so redesignated-- + (i) by inserting ``Inclusion of Statement in + Solicitation.--'' before ``Each solicitation''; and + (ii) by striking ``subparagraph (B)'' and inserting + ``subsection (c)''; + (J) in subsection (f), as so redesignated-- + (i) by inserting ``After Successful Protest.--'' before + ``If, within one year''; and + (ii) by redesignating clauses (i) and (ii) as + paragraphs (1) and (2), respectively; and + (K) by adding at the end a new subsection (g) with the same + heading and text as subsection (f) of section 3305 of such + title, as amended by paragraph (7)(J). + (7) Amendments to new 3305.--Section 3305 of such title, as + designated by paragraph (2), is amended-- + (A) by striking ``(6)''; + (B) by redesignating paragraph (7) as subsection (f); + (C) redesignating subparagraphs (A), (B), (C), and (D) as + subsections (a), (c), (d), and (e), respectively; + (D) by designating the second sentence of subsection (a), + as so redesignated, as subsection (b); + (E) in subsection (a), as so redesignated, by inserting + ``Request for Debriefing.--'' before ``When the''; + (F) in subsection (b), as designated by subparagraph (D), + by inserting ``When Debriefing to Be Conducted.--'' before + ``The contracting officer''; + (G) in subsection (c), as so redesignated-- + (i) by inserting ``Precondition for Post-award + Debriefing.--'' before ``The contracting officer''; + (ii) by striking ``paragraph (5)'' and inserting + ``section 3304 of this title'' ; and + (iii) by striking ``subparagraph (A)'' and inserting + ``subsections (a) and (b)''; + (H) in subsection (d), as so redesignated-- + (i) by inserting ``Information to Be Provided.--'' + before ``The debriefing''; + (ii) by striking ``subparagraph (A)'' and inserting + ``subsections (a) and (b)''; and + (iii) by redesignating clauses (i), (ii), and (iii) as + paragraphs (1), (2), and (3), respectively; + (I) in subsection (e), as so redesignated-- + (i) by inserting ``Information Not to Be Disclosed.--'' + before ``The debriefing''; and + (ii) by striking ``subparagraph (A)'' and inserting + ``subsections (a) and (b)''; and + (J) in subsection (f), as redesignated by subparagraph + (B)-- + (i) by inserting ``Summary to Be Included in File.--'' + before ``The contracting officer''; and + (ii) by striking ``under paragraph (5) or (6)'' and + inserting ``this section''. + (8) Amendment to new 3306.--Section 3306 of such title, as + designated by paragraph (2), is amended by striking the paragraph + designation. + (9) Amendment to new 3307.--Section 3307 of such title, as + designated by paragraph (2), is amended by striking the paragraph + designation. + (d) New Sections.--Such chapter is further amended by adding at the +end the following new sections: +``Sec. 3308. Protests +``Sec. 3309. Prohibition on release of contractor proposals''. + (e) Transfer of Subsections (e) and (f) of Section 2305.-- + (1) Transfer.--Subsections (e) and (f) of section 2305 of title + 10, United States Code, are transferred to section 3308 of such + title, as added by subsection (d), inserted after the section + heading, and redesignated as subsections (a) and (b), respectively. + (2) Amendment to new 3308(a).--Subsection (a) of such section + 3308, as redesignated by paragraph (1), is amended-- + (A) by striking ``File.--(1) If, in the'' and inserting + ``File.-- + ``(1) Establishment and access.--If, in the''; + (B) in paragraph (2), by inserting ``Redacted + information.--'' before ``Information exempt''; and + (C) by realigning paragraph (2) 2 ems to the right. + (f) Transfer of Subsection (g) of Section 2305.-- + (1) Transfer and internal redesignations.--Subsection (g) of + section 2305 of title 10, United States Code, is transferred to + section 3309 of such title, as added by subsection (d), inserted + after the section heading, and amended-- + (A) by striking the subsection designation and heading; + (B) by redesignating paragraphs (1), (2), and (3) as + subsections (b), (c), and (a), respectively; and + (C) by transferring subsection (a), as so redesignated, + within that section so as to appear before subsection (b), as + so redesignated. + (2) Amendment to new 3309(a).--Subsection (a) of such section + 3309, as redesignated and transferred by paragraph (1), is amended + by striking ``In this subsection,'' and inserting ``Definition.--In + this section,''. + (3) Amendments to new 3309(b).--Subsection (b) of such section + 3309, as redesignated by paragraph (1), is amended-- + (A) by inserting ``Prohibition.--'' before ``Except as + provided in''; + (B) by striking ``paragraph (2),'' and inserting + ``subsection (c),''; and + (C) by striking ``section 2303'' and inserting ``section + 3063''. + (4) Amendments to new 3309(c).--Subsection (c) of such section + 3309, as redesignated by paragraph (1), is amended by striking + ``Paragraph (1)'' and inserting ``Inapplicability.--Subsection + (b)''. +SEC. 1817. SPECIFIC TYPES OF CONTRACTS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 241, as added by the preceding section, the +following new chapter: + + ``CHAPTER 242--SPECIFIC TYPES OF CONTRACTS - (a) Integration.--Section 1697(a) of the National Defense -Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. -1791) is amended by adding at the end the following new sentence: ``The -Secretary shall initiate such transfer of technologies to DDG-1000 -class destroyers by not later than January 1, 2021.''. - (b) Report on Strategic Hypersonic Weapons.-- - (1) Requirement.--Not later than 120 days after the date of - the enactment of this Act, the Chairman of the Joint Chiefs of - Staff, in coordination with the Under Secretary of Defense for - Policy, shall submit to the congressional defense committees a - report on strategic hypersonic weapons. - (2) Matters included.--The report under paragraph (1) shall - include the following: - (A) A discussion of the authority to use strategic - hypersonic weapons and if, and how, such authorities - would be delegated to the commanders of the combatant - commands or to the Chiefs of the Armed Forces. - (B) An assessment of escalation and miscalculation - risks (including the risk that adversaries may detect - initial launch but not reliably detect the entire - boost-glide trajectory), how such risks will be - addressed and minimized with regards to the use of - strategic hypersonic weapons, and whether any risk - escalation exercises have been conducted or are planned - for the potential use of hypersonic weapons. - (C) A description of any updates needed to war - plans with the introduction of strategic hypersonic - weapons. - (D) Identification of the element of the Department - of Defense that has responsibility for establishing - targeting requirements for strategic hypersonic - weapons. - (E) A description of how the requirements for land- - and sea-based strategic hypersonic weapons will be - addressed with the Joint Requirements Oversight - Council, and how such requirements will be formally - provided to the military departments procuring such - weapons through an acquisition program described under - section 804 of the National Defense Authorization Act - for Fiscal Year 2016 (10 U.S.C. 2302 note). - (F) A basing strategy for land-based launch - platforms and a description of the actions needed to be - taken for future deployment of such platforms. - (3) Form.--The report under paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. - (c) Annual Reports on Acquisition.-- - (1) Army and navy programs.--Except as provided by - paragraph (3), not later than 30 days after the date on which - the budget of the President for each of fiscal years 2022 - through 2025 is submitted to Congress pursuant to section 1105 - of title 31, United States Code, the Secretary of the Army and - the Secretary of the Navy shall jointly submit to the - congressional defense committees a report on the conventional - prompt global strike programs of the Army and the Navy, - including-- - (A) the total costs to the respective military - departments for such programs; - (B) the strategy for such programs with respect to - manning, training, and equipping, including cost - estimates; and - (C) a testing strategy and schedule for such - programs. - (2) Certifications.--Not later than 60 days after the date - on which the budget of the President for each of fiscal years - 2022 through 2025 is submitted to Congress pursuant to section - 1105 of title 31, United States Code, the Director of Cost - Assessment and Program Evaluation shall submit to the - congressional defense committees a certification regarding the - sufficiency, including any anomalies, with respect to-- - (A) the total program costs of the conventional - prompt global strike programs of the Army and the Navy; - and - (B) the testing strategy for such programs. - (3) Termination.--The requirement to submit a report under - paragraph (1) shall terminate on the date on which the - Secretary of Defense determines that the conventional prompt - global strike programs of the Army and the Navy are unable to - be acquired under the authority of section 804 of the National - Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 - note). +``Sec. +``3321. Contracts awarded using procedures other than sealed-bid + procedures. +``3322. Cost contracts. +``3323. Cost-plus contracting prohibited for military construction and + military family housing projects. +``3324. Preference for fixed-price contracts. + +``Sec. 3321. Contracts awarded using procedures other than sealed-bid + procedures +``Sec. 3322. Cost contracts +``Sec. 3323. Cost-plus contracting prohibited for military construction + and military family housing projects +``Sec. 3324. Preference for fixed-price contracts + ``[Reserved].''. + (b) Transfer of Subsections (a) and (b) of Section 2306.-- +Subsections (a) and (b) of section 2306 of title 10, United States +Code, are transferred to section 3321 of such title, as added by +subsection (a), and inserted after the section heading. + (c) Transfer of First Sentence of Subsection (a).--The first +sentence of such subsection (a) is further transferred to section 3322 +of such title, as added by subsection (a), inserted after the section +heading, and designated as subsection (a). + (d) Amendments to New 3321.-- + (1) New 3321(a).--Subsection (a) of such section 3321 (as + amended by subsection (c)) is amended-- + (A) by inserting ``Authorized Types.--'' before ``Subject + to''; + (B) by striking ``the preceding sentence'' and inserting + ``section 3322(a) of this title''; + (C) by striking ``this section'' and inserting ``this + chapter''; and + (D) by striking ``under this chapter'' and inserting + ``under chapter 137 legacy provisions''. + (2) New 3321(b).--Subsection (b) of such section 3321 is + amended-- + (A) by striking ``Each contract awarded'' and inserting + ``Required Warranty.-- + ``(1) Content.--Each contract awarded''; + (B) by striking ``under this chapter'' and inserting + ``under chapter 137 legacy provisions''; + (C) by striking ``maintained by him'' and inserting + ``maintained by the contractor''; + (D) by designating the second and third sentences as + paragraphs (2) and (3), respectively, and realigning those + paragraphs 2 ems to the right; + (E) in paragraph (2), as so designated-- + (i) by inserting ``Remedy for Breaking Warranty.--'' + before ``If a contractor''; and + (ii) by striking ``the United States may annul the + contract without liability or may deduct'' and inserting + ``the United States-- + ``(A) may annul the contract without liability; or + ``(B) may deduct''; and + (F) in paragraph (3), as so designated-- + (i) by inserting ``Inapplicability to Certain + Contracts.--'' before ``This subsection''; + (ii) by striking ``does not apply to a contract that is + for an amount not greater than the simplified acquisition + threshold or to a contract'' and inserting ``does not + apply-- + ``(A) to a contract that is for an amount not greater than + the simplified acquisition threshold; or + ``(B) to a contract''. + (e) Transfer of Subsections (d) and (e) of Section 2306.-- +Subsections (d) and (e) of section 2306 of title 10, United States +Code, are transferred to section 3322 of such title, as amended by +subsections (b) and (c), inserted at the end, and redesignated as +subsections (b) and (c), respectively. + (f) Amendments to New 3322.-- + (1) New 3322(a).--Subsection (a) of such section 3322, as + transferred and designated by subsection (c), is amended by + inserting ``Cost-plus-a-percentage-of-cost System of Contracting + Prohibited.--'' before ``The cost-plus-a-percentage-of-cost + system''. + (2) New 3322(b).--Subsection (b) of such section 3322, as + transferred and redesignated by subsection (e), is amended by + inserting ``Cost-plus-a-fixed-fee Contracts.--'' before ``The fee + for performing a cost-plus-a-fixed-fee contract for experimental''. + (3) New 3322(c).--Subsection (c) of such section 3322, as + transferred and redesignated by subsection (e), is amended-- + (A) by striking ``(1) Except as'' and inserting ``Advance + Notice of Certain Subcontracts.-- + ``(1) In general.--Except as''; and + (B) in paragraph (2)-- + (i) by inserting ``Exception.--'' before ``Paragraph + (1)''; and + (ii) by realigning that paragraph 2 ems to the right. + (g) Transfer of Subsection (c) of Section 2306.-- + (1) Transfer.--Subsection (c) of section 2306 of title 10, + United States Code, is transferred to section 3323 of such title, + as added by subsection (a), inserted after the section heading, + redesignated as subsection (a), and amended by designating the + second sentence as subsection (b). + (2) Amendment to new 3323(a).--Subsection (a) of such section + 3323, as so transferred and redesignated, is amended by inserting + ``Prohibition.--'' before ``A contract entered into''. + (3) Amendments to new 3323(b).--Subsection (b) of such section + 3323, as designated by paragraph (1), is amended-- + (A) by striking ``This'' and inserting ``Applicability.-- + The''; + (B) by striking ``prohibition is in addition to the + prohibition specified in subsection (a)'' and inserting + ``prohibition specified in subsection (a)-- + ``(1) is in addition to the prohibition specified in section + 3322(a) of this title''; and + (C) by striking ``system of contracting and applies + notwithstanding'' and inserting ``system of contracting; and + ``(2) applies notwithstanding.''. + (h) Cross-reference Amendment.--Section 2343 of title 10, United +States Code, is amended by striking ``2306(a), 2306(b), 2306(e)'' and +inserting ``3351, 3352(a), 3352(c)''. +SEC. 1818. OTHER MATTERS RELATING TO AWARDING OF CONTRACTS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 242, as added by the preceding section, the +following new chapter: + + ``CHAPTER 243--OTHER MATTERS RELATING TO AWARDING OF CONTRACTS -SEC. 1672. SUBMISSION OF REPORTS UNDER MISSILE DEFENSE REVIEW AND - NUCLEAR POSTURE REVIEW. +``Sec. +``3341. [Reserved]. +``3342. [Reserved]. +``3343. [Reserved]. +``3344. Disclosure of identity of contractor. +``3345. Contract authority for advanced development of initial or + additional prototype units.''. + + (b) Transfer of Section 2316.--Section 2316 of title 10, United +States Code, is transferred to chapter 243 of such title, as added by +subsection (a), inserted after the table of sections, and redesignated +as section 3344.''. + (c) Transfer of Section 2302e.--Section 2302e of title 10, United +States Code, is transferred to chapter 243 of such title, inserted +after section 3344, as transferred and redesignated by subsection (b), +redesignated as section 3345, and amended in subsection (a) by striking +``section 2302(2)(B)'' and inserting ``section 3012(2)''. +SEC. 1819. UNDEFINITIZED CONTRACTUAL ACTIONS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 243, as added by the preceding section, the +following new chapter: + + ``CHAPTER 244--UNDEFINITIZED CONTRACTUAL ACTIONS - Not later than 30 days after the date of the enactment of this Act, -the Secretary of Defense shall submit to the congressional defense -committees-- - (1) each report produced by the Department of Defense - pursuant to the Missile Defense Review published in 2019; and - (2) each report produced by the Department pursuant to the - Nuclear Posture Review published in 2018. - -SEC. 1673. REPORT ON CONSIDERATION OF RISKS OF INADVERTENT ESCALATION - TO NUCLEAR WAR. - - (a) Report.--Not later than January 31, 2021, the Under Secretary -of Defense for Policy shall submit to the Committees on Armed Services -of the House of Representatives and the Senate a report-- - (1) detailing the efforts of the Department of Defense with - respect to developing and implementing guidance to ensure that - the risks of inadvertent escalation to a nuclear war are - considered within the decision-making processes of the - Department regarding relevant activities (such as developing - contingency plans, managing military crises and conflicts, and - supporting the Department of State in the development, - negotiation, and implementation of cooperative risk-reduction - measures); and - (2) identifying the capabilities and factors taken into - account in developing such guidance. - (b) Form.--The report under subsection (a) shall be submitted in -unclassified form, but may include a classified annex. - (c) Briefing.--Not later than December 1, 2020, the Under Secretary -shall provide to the Committees on Armed Services of the House of -Representatives and the Senate a briefing on the progress and findings -made in carrying out subsection (a). +``Sec. +``3371. Undefinitized contractual actions: required description of + anticipated effect on military department requirements if use + of undefinitized contractual action results in delay. +``3372. Undefinitized contractual actions: requirements and limitations + relating to definitization of contractual terms, + specifications, and price. +``3373. Undefinitized contractual actions: limitation on inclusion of + non-urgent requirements and on modification of scope. +``3374. Undefinitized contractual actions: allowable profit. +``3375. Undefinitized contractual actions: time limit. +``3376. [Reserved]. +``3377. Inapplicability to Coast Guard and National Aeronautics and + Space Administration; definitions. + +``Sec. 3371. Undefinitized contractual actions: required description of + anticipated effect on military department requirements if use of + undefinitized contractual action results in delay +``Sec. 3372. Undefinitized contractual actions: requirements and + limitations relating to definitization of contractual terms, + specifications, and price +``Sec. 3373. Undefinitized contractual actions: limitation on inclusion + of non-urgent requirements and on modification of scope +``Sec. 3374. Undefinitized contractual actions: allowable profit +``Sec. 3375. Undefinitized contractual actions: time limit +``Sec. 3377. Inapplicability to Coast Guard and National Aeronautics + and Space Administration; definitions''. + (b) Transfer of Subsection (a) of Section 2326.--Subsection (a) of +section 2326 of title 10, United States Code, is transferred to section +3371 of such title, as added by subsection (a), inserted after the +section heading, and amended by striking the subsection designation and +subsection heading. + (c) Transfer of Subsections (b), (c), and (h) of Section 2326.-- + (1) Transfer.--Subsections (b), (c), and (h) of section 2326 of + title 10, United States Code, are transferred to section 3372 of + such title, as added by subsection (a), inserted (in that order) + after the section heading, and redesignated as subsections (a), + (b), and (c), respectively. + (2) Amendments to new 3372(a).--Subsection (a) of such section + 3372, as transferred and redesignated by paragraph (1), is + amended-- + (A) by striking ``Limitations on Obligation of Funds.--(1) + A contracting officer'' and inserting ``Contractual Action to + Provide Time for Definitization of Contractual Terms, + Specifications, and Price; Limitations on Obligation of + Funds.-- + ``(1) Terms for time for definitization to be included in + contractual action.--A contracting officer''; + (B) by redesignating paragraphs (2) and (3) as + subparagraphs (A) and (B), respectively, and realigning those + subparagraphs 4 ems to the right; + (C) by inserting before subparagraph (A), as so + redesignated and realigned, the following: + ``(2) Limitation on obligation of funds before + definitization.--''; + (D) in such subparagraph (A), as so redesignated, by + striking ``Except as provided in paragraph (3),'' and inserting + ``50 percent limitation.--Except as provided in subparagraph + (B),''; + (E) in such subparagraph (B), as so redesignated and + realigned-- + (i) by inserting ``75 percent limitation when + contractor submits qualifying proposal.--'' before ``If a + contractor''; and + (ii) by striking ``subsection (h)'' and inserting + ``section 3377(b) of this title''; + (F) by redesignating paragraph (4) as paragraph (3) and + inserting ``Waiver authority.--'' in that paragraph before + ``The head of''; and + (G) by redesignating paragraph (5) as paragraph (4) and + inserting ``Inapplicability with respect to purchase of initial + spares.--'' in that paragraph before ``This subsection does + not''. + (3) Amendment to new 3372(b).--Subsection (b) of such section + 3372, as transferred and redesignated by paragraph (1), is amended + by striking ``subsection (b)(1)'' and inserting ``subsection + (a)(1)''. + (4) Amendments to new 3372(c).--Subsection (c) of such section + 3372, as transferred and redesignated by paragraph (1), is + amended-- + (A) by striking ``Contracts.--(1) Except as provided in'' + and inserting ``Contracts.-- + ``(1) 180-day requirement.--Except as provided in''; + (B) by striking ``subsection (b)(1)(A)'' and inserting + ``subsection (a)(1)(A)''; + (C) by realigning paragraph (2) 2 ems to the right; and + (D) in paragraph (2)-- + (i) by inserting ``Waiver authority.--'' before ``The + requirement''; and + (ii) by striking ``subsection (b)(4)'' and inserting + ``subsection (a)(3)''. + (d) Transfer of Subsections (d) and (e) of Section 2326.-- +Subsections (d) and (e) of section 2326 of title 10, United States +Code, are transferred to section 3373 of such title, as added by +subsection (a), inserted after the section heading, and redesignated as +subsections (a) and (b), respectively. + (e) Transfer of Subsection (f) of Section 2326.-- + (1) Transfer.--Subsection (f) of section 2326 of title 10, + United States Code, is transferred to section 3374 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1) and (2) as subsections + (a) and (b), respectively. + (2) Amendments to new 3374(a).--Subsection (a) of such section + 3374, as so transferred and redesignated, is amended-- + (A) by inserting ``Allowed Profit to Reflect Certain + Reduced Cost Risks of Contractor.--'' before ``The head of an + agency''; and + (B) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively. + (3) Amendment to new 3374(b).--Subsection (b) of such section + 3374, as so transferred and redesignated, is amended by inserting + ``Date as of Which Contractor Cost Risk to Be Determined.--'' + before ``If a contractor''. + (f) Transfer of Subsection (g) of Section 2326.--Subsection (g) of +section 2326 of title 10, United States Code, is transferred to section +3375 of such title, as added by subsection (a), inserted after the +section heading, and amended by striking the subsection designation and +subsection heading. + (g) Transfer of Subsections (i) and (j) of Section 2326.-- +Subsections (i) and (j) of section 2326 of title 10, United States +Code, are transferred to section 3377 of such title, as added by +subsection (a), inserted after the section heading, redesignated as +subsections (a) and (b), respectively, and amended by striking +``section'' in each such subsection and inserting ``chapter''. +SEC. 1820. TASK AND DELIVERY ORDER CONTRACTS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 245 and inserting the following: + + ``CHAPTER 245--TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD + CONTRACTS) -SEC. 1674. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO REPORTS ON - MISSILE SYSTEMS AND ARMS CONTROL TREATIES. +``Sec. +``3401. Task and delivery order contracts: definitions. +``3402. [Reserved]. +``3403. Task and delivery order contracts: general authority. +``3404. Guidance on use of task and delivery order contracts. +``3405. Task order contracts: advisory and assistance services. +``3406. Task and delivery order contracts: orders.''. + + (b) Transfer of Section 2304d.-- + (1) Transfer.--Section 2304d of title 10, United States Code, + is transferred to chapter 245 of such title, as amended by + subsection (a), inserted after the table of sections, redesignated + as section 3401, and amended by striking ``In sections 2304a, + 2304b, and 2304c of this title'' and inserting ``In this chapter''. + (2) Order of definition paragraphs.--Paragraphs (1) and (2) of + such section 3401, as so transferred and redesignated, are reversed + in order and redesignated accordingly. + (3) Amendments to new 3401(1).--Paragraph (1) of such section, + as so redesignated, is amended-- + (A) by inserting ``Delivery order contract.--'' before + ``The term''; + (B) by striking ``for property that does not'' and + inserting ``for property-- + ``(A) that does not''; and + (C) by striking ``quantity) and that provides for'' and + inserting ``quantity); and + ``(B) that provides for''. + (4) Amendments to new 3401(2).--Paragraph (2) of such section, + as so redesignated, is amended-- + (A) by inserting ``Task order contract.--'' before ``The + term''; + (B) by striking ``for services that does not'' and + inserting ``for services-- + ``(A) that does not''; and + (C) by striking ``quantity) and that provides for'' and + inserting ``quantity); and + ``(B) that provides for''. + (c) Transfer of Section 2304a.-- + (1) Transfer.--Section 2304a of title 10, United States Code, + is transferred to chapter 245 of such title, as amended by + subsection (a), inserted after section 3401, as transferred and + redesignated by subsection (b), and redesignated as section 3403. + (2) Amendments to new 3403(a).--Subsection (a) of such section, + as so redesignated, is amended-- + (A) by striking ``section 2304c'' and inserting ``section + 3406''; and + (B) by striking ``section 2304d'' and inserting ``section + 3401''. + (3) Amendments to new 3403(c).--Subsection (c) of such section, + as so redesignated, is amended-- + (A) by striking ``section only if an exception'' and + inserting ``only if-- + ``(1) an exception''; + (B) by striking ``subsection (c) of section 2304'' and + inserting ``subsection (a) of section 3204''; + (C) by striking ``the contract and the use of such'' and + inserting ``the contract; and + ``(2) the use of such''; and + (D) by striking ``subsection (f)'' and inserting + ``subsection (e)''. + (4) Amendments to new 3403(d).--Subsection (d) of such section, + as so redesignated, is amended-- + (A) by striking ``Contract Awards.--(1) The head of an + agency'' and inserting ``Contract Awards.-- + ``(1) Exercise of authority.--The head of an agency''. + (B) in paragraph (2)-- + (i) by inserting ``Determination not required.--'' + before ``No determination''; and + (ii) by striking ``section 2304(b)'' and inserting + ``section 3203''; + (C) in paragraph (3)-- + (i) by striking ``(A) Except as'' and inserting ``When + Single Source Awards for Task or Delivery Order Contracts + Exceeding $100,000,000 Are Allowed.--(A) Except as''; and + (ii) in subparagraph (B), by striking ``section + 2304(c)'' and inserting ``section 3204(a)''; and + (D) in paragraph (4), by inserting ``Regulations.--'' + before ``The regulations''. + (5) Amendments to new 3403(g).--Subsection (g) of such section, + as so redesignated, is amended by striking ``section 2304b'' and + inserting ``section 3405''. + (d) Transfer of Section 2304b.-- + (1) Transfer.--Section 2304b of title 10, United States Code, + is transferred to chapter 245 of such title, as amended by + subsection (a), inserted after section 3403, as transferred and + redesignated by subsection (c), and redesignated as section 3405. + (2) Internal redesignations.--Subsections (a), (b), (c), (d), + (e), (f), (g), (h), and (i) of such section are redesignated as + subsections (b), (c), (d), (e), (f), (g), (h), (i), and (a), + respectively, and subsection (a), as so redesignated, is + transferred to the beginning of such section so as to appear after + the section heading. + (3) Amendments to new 3405(b).--Subsection (b) of such section, + as so redesignated, is amended-- + (A) by striking ``section 2304c'' and inserting ``section + 3406''; and + (B) by striking ``section 2304d'' and inserting ``section + 3401''. + (4) Amendments to new 3405(e).--Subsection (e) of such section, + as so redesignated, is amended-- + (A) by striking ``and Contract.--(1) The solicitation'' and + inserting ``and Contract.-- + ``(1) Solicitation.--The solicitation''; + (B) by striking ``section 2304a(b)'' and inserting + ``3403(b)''; and + (C) by realigning paragraph (2) 2 ems to the right and + inserting ``Contract.--'' in that paragraph before ``A task + order''. + (5) Amendments to new 3405(f).--Subsection (f) of such section, + as so redesignated, is amended-- + (A) by striking ``Multiple Awards.--(1) The head of an + agency'' and inserting ``Multiple Awards.-- + ``(1) Authority to make multiple awards.--The head of an + agency''. + (B) by realigning paragraphs (2) and (3) 2 ems to the + right; + (C) by inserting ``Content of solicitation.--'' in + paragraph (2) before ``If, in the case of''; and + (D) by inserting ``Nonapplication.--'' in paragraph (3) + before ``Paragraph (2) does not''. + (6) Amendments to new 3405(g).--Subsection (g) of such section, + as so redesignated, is amended-- + (A) by striking ``Contract Modifications.--(1) A task order + may not'' and inserting ``Contract Modifications.-- + ``(1) Increase in scope, period, or maximum value of contract + only by modification of contract.--A task order may not''. + (B) by realigning paragraphs (2) and (3) 2 ems to the + right; + (C) in paragraph (2)-- + (i) by inserting ``Use of competitive procedures.--'' + before ``Unless use of''; + (ii) by striking ``subsection (c) of section 2304'' and + inserting ``subsection (a) of section 3204''; and + (iii) by striking ``subsection (f)'' and inserting + ``subsection (e)''; and + (D) in paragraph (3), by inserting ``Notice.--'' before + ``Notice regarding''. + (7) Amendments to new 3405(h).--Subsection (h) of such section, + as so redesignated, is amended-- + (A) by striking ``Contract Extensions.--(1) Notwithstanding + the limitation'' and inserting ``Contract Extensions.-- + ``(1) When contract may be extended.--Notwithstanding the + limitation''; + (B) in paragraph (1), by striking ``subsection (b)'' and + ``subsection (e)'' and inserting ``subsection (c)'' and + ``subsection (f)'', respectively; and + (C) by realigning paragraph (2) 2 ems to the right and + inserting ``Limit of one extension.--'' in that paragraph + before ``A task order contract''. + (e) Transfer of Section 2304c.-- + (1) Transfer.--Section 2304c of title 10, United States Code, + is transferred to chapter 245 of such title, as amended by + subsection (a), inserted after section 3405, as transferred and + redesignated by subsection (d), and redesignated as section 3406. + (2) Internal redesignations.--Subsections (a), (b), (c), (e), + (f), and (g) of such section are redesignated as subsections (b), + (c), (e), (f), (g), and (a), respectively, subsection (a), as so + redesignated, is transferred to the beginning of such section so as + to appear after the section heading, and subsection (e), as so + redesignated, is transferred within such section so as to appear + after subsection (d). + (3) Amendments to new 3406(a).--Subsection (a) of such section, + as so transferred and redesignated, is amended by striking + ``sections 2304a and 2304b'' and inserting ``sections 3403 and + 3405''. + (4) Amendment to new 3406(b).--Paragraph (2) of subsection (b) + of such section, as so transferred and redesignated, is amended-- + (A) by striking ``subsection (b)'' and inserting + ``subsection (c)''; and + (B) by striking ``section 2304(f)'' and inserting ``section + 3204(e)''. + (5) Amendments to new 3406(c).--Subsection (c) of such section, + as so transferred and redesignated, is amended-- + (A) by striking ``section 2304a(d)(1) or 2304b(c)'' and + inserting ``section 3403(d)(1)(B) or 3405(f)''; and + (B) by striking ``section 2304(c)'' in paragraph (5) and + inserting ``section 3204(a)''. + (6) Amendments to new 3406(d).--Subsection (d) of such section + is amended-- + (A) by striking ``subsection (b)'' and inserting + ``subsection (c)''; and + (B) by striking ``section 2305(b)(5)'' in paragraph (5) and + inserting ``section 3304''. + (7) Amendments to new 3406(g).--Subsection (g) of such section + is amended-- + (A) by striking ``Ombudsman.--Each head of an agency'' and + inserting ``Ombudsman.-- + ``(1) Appointment or designation and responsibilities.--Each + head of an agency''. + (B) by striking ``section 2304a(d)(1)(B) or 2304b(e)'' and + inserting ``section 3403(d)(1)(B) or 3405(f)''; + (C) by striking ``subsection (b)'' and inserting + ``subsection (c)''; and + (D) by designating the second sentence as paragraph (2) and + inserting ``Who is eligible.--'' in that paragraph before ``The + task and delivery order''. +SEC. 1821. ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. + (a) Transfer of Chapter 140.-- + (1) Transfer of chapter.--Chapter 140 of title 10, United + States Code, is transferred to part V of subtitle A of that title + 10, as added by section 801 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232), + inserted in place of chapter 247 as enacted by that section, and + redesignated as chapter 247. + (2) Redesignation of sections.--Sections in chapter 247 of + title 10, United States Code, as transferred and redesignated by + paragraph (1), are redesignated as follows: - (a) Limitation.-- - (1) In general.--Beginning on October 1, 2020, if the - Secretary of Defense has not submitted the covered reports, not - more than 25 percent of the funds specified in paragraph (2) - may be obligated or expended until the date on which the - covered reports have been submitted. - (2) Funds specified.--The funds specified in this paragraph - are the funds authorized to be appropriated by the William M. - (Mac) Thornberry National Defense Authorization Act for Fiscal - Year 2021 or otherwise made available for fiscal year 2021 for - the immediate office of the Secretary of Defense. - (b) Covered Reports Defined.--In this section, the term ``covered -reports'' means-- - (1) the report under section 1698(b) of the National - Defense Authorization Act for Fiscal Year 2020 (Public Law 116- - 92; 133 Stat. 1792); and - (2) the assessment under section 1236(b) of the National - Defense Authorization Act for Fiscal Year 2020 (Public Law 116- - 92; 133 Stat. 1650). -SEC. 1675. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW. +---------------------------------------------------------------------------------------------------------------- + New Section + Old Section No. No. +---------------------------------------------------------------------------------------------------------------- +2375 3452 +2376 3451 +2377 3453 +2379 3455 +2380 3456 +2380a 3457 +---------------------------------------------------------------------------------------------------------------- - (a) In General.--The Director of the Cybersecurity and -Infrastructure Security Agency of the Department of Homeland Security -shall conduct a review of the ability of the Cybersecurity and -Infrastructure Security Agency to carry out its mission requirements, -as well as the recommendations detailed in the U.S. Cyberspace Solarium -Commission's Report regarding the Agency. - (b) Elements of Review.--The review conducted in accordance with -subsection (a) shall include the following elements: - (1) An assessment of how additional budget resources could - be used by the Cybersecurity and Infrastructure Security Agency - for projects and programs that-- - (A) support the national risk management mission; - (B) support public and private-sector - cybersecurity; - (C) promote public-private integration; and - (D) provide situational awareness of cybersecurity - threats. - (2) A force structure assessment of the Cybersecurity and - Infrastructure Security Agency, including-- - (A) a determination of the appropriate size and - composition of personnel to carry out the mission - requirements of the Agency, as well as the - recommendations detailed in the U.S. Cyberspace - Solarium Commission's Report regarding the Agency; - (B) as assessment of whether existing personnel are - appropriately matched to the prioritization of threats - in the cyber domain and risks to critical - infrastructure; - (C) an assessment of whether the Agency has the - appropriate personnel and resources to-- - (i) perform risk assessments, threat - hunting, and incident response to support both - private and public cybersecurity; - (ii) carry out its responsibilities related - to the security of Federal information and - Federal information systems (as such term is - defined in section 3502 of title 44, United - States Code); and - (iii) carry out its critical infrastructure - responsibilities, including national risk - management; - (D) an assessment of whether current structure, - personnel, and resources of regional field offices are - sufficient to carry out Agency responsibilities and - mission requirements; and - (E) an assessment of current Cybersecurity and - Infrastructure Security Agency facilities, including a - review of the suitability of such facilities to fully - support current and projected mission requirements - nationally and regionally, and recommendations - regarding future facility requirements. - (c) Submission of Review.--Not later than 1 year after the date of -the enactment of this Act, the Secretary of Homeland Security shall -submit to the Committee on Homeland Security of the House of -Representatives and the Committee on Homeland Security and Governmental -Affairs of the Senate a report detailing the result of the review -conducted in accordance with subsection (a), including recommendations -to address any identified gaps. - (d) General Services Administration Review.-- - (1) Submission of assessment.--Upon submission to the - Committee on Homeland Security of the House of Representatives - and the Committee on Homeland Security and Governmental Affairs - of the Senate of the report required under subsection (c), the - Director of the Cybersecurity and Infrastructure Security - Agency of the Department of Homeland Security shall submit to - the Administrator of the General Services Administration the - results of the assessment required under subsection (b)(2)(E). - (2) Review.--The Administrator of the General Services - Administration shall-- - (A) conduct a review of Cybersecurity and - Infrastructure Security Agency assessment required - under subsection (b)(2)(E); and - (B) make recommendations regarding resources needed - to procure or build a new facility or augment existing - facilities to ensure sufficient size and accommodations - to fully support current and projected mission - requirements, including the integration of personnel - from the private sector and other Federal departments - and agencies. - (3) Submission of review.--Not later than 30 days after - receipt of the assessment under paragraph (1), the - Administrator of the General Services Administration shall - submit to the President, the Secretary of Homeland Security, - the Committee on Homeland Security and Governmental Affairs of - the Senate, and the Committee on Homeland Security of the House - of Representatives the review required under paragraph (2). - - TITLE XVII--REPORTS AND OTHER MATTERS - - Subtitle A--Studies and Reports - -SEC. 1701. REVIEW OF SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM. - - (a) Review.--The Comptroller General of the United States shall -conduct a review of all support provided, or planned to be provided, -under section 127e of title 10, United States Code. Such review shall -include an analysis of each of the following: - (1) The strategic alignment between such support and - relevant Executive orders, global campaign plans, theatre - campaign plans, execute orders, and other guiding documents for - currency, relevancy, and efficacy. - (2) The extent to which United States Special Operations - Command has the processes and procedures to manage, integrate, - and synchronize the authority under section 127e of title 10, - United States Code, in support of the objectives and priorities - specified by the documents listed in (a)(1) as well as the - objectives and priorities of-- - (A) the geographic combatant commands; - (B) theatre elements of United States Special - Operations Command; - (C) relevant chiefs of mission and other - appropriate positions in the Department of State; and - (D) any other interagency organization affected by - the use of such authority. - (3) For the activities carried out pursuant to such - authority, the extent to which United States Special Operations - Command has the processes and procedures to-- - (A) determine the professionalism, cohesion, and - institutional capacity of the military in the country - where forces receiving support are based; - (B) determine the adherence of the forces receiving - support to human rights norms and the laws of armed - conflict; - (C) establish measures of effectiveness; - (D) assess such activities against established - measures of effectiveness as identified in subparagraph - (C); - (E) establish criteria to determine the successful - completion of such activities; - (F) deconflict and synchronize activities conducted - under such authority with other relevant funding - authorities; - (G) deconflict and synchronize activities conducted - under such authorities with other relevant activities - conducted by organizations related to, but outside the - purview of, the Department of Defense; and - (H) track the training, support, and facilitation - provided to forces receiving support, and the - significant activities undertaken by such forces as a - result of such training, support, and facilitation. - (4) The extent to which United States Special Operations - Command has processes and procedures to manage the sunset, - termination, or transition of activities carried out pursuant - to such authority, including-- - (A) accountability with respect to equipment - provided; and - (B) integrity of the tactics, techniques, and - procedures developed. - (5) The extent to which United States Special Operations - Command has and uses processes and procedures to-- - (A) report to Congress biannually on the matters - referred to in paragraph (3); and - (B) notify Congress with respect to the intent to - sunset, terminate, or transition activities carried out - pursuant to such authority. - (6) Any other issues the Comptroller General determines - appropriate with respect to the authority under section 127e of - title 10, United States Code. - (b) Briefing.--Not later than 180 days after the date of the -enactment of this Act, the Comptroller General shall provide for the -Committees on Armed Services of the Senate and House of Representatives -a briefing on the progress of the review required under subsection (a). - (c) Report.--Not later than 1 year after the date of the enactment -of this Act, the Comptroller General shall submit to the Committees on -Armed Services of the Senate and House of Representatives a report on -the findings of the review required under subsection (a) and the -recommendations of the Comptroller General pursuant to such review. - (d) Support Defined.--In this section, the term ``support'' -includes-- - (1) personnel who provide capacity for-- - (A) training and equipment; - (B) training, advice, and assistance; or - (C) advice, assistance, and accompaniment capacity; - (2) financial assistance; and - (3) equipment and weapons. - -SEC. 1702. FFRDC STUDY OF EXPLOSIVE ORDNANCE DISPOSAL AGENCIES. - (a) In General.--The Secretary of Defense shall enter into an -agreement with a federally funded research and development corporation -under which such corporation shall conduct a study of the -responsibilities, authorities, policies, programs, resources, -organization, and activities of the explosive ordnance disposal -agencies of the Department of Defense, Defense Agencies, and military -departments. In carrying out the study, the federally funded research -and development corporation shall solicit input from relevant nonprofit -organizations, such as the National Defense Industrial Association EOD -Committee, United States Army EOD Association, United States Bomb -Technician Association and the EOD Warrior Foundation. - (b) Elements of Study.--The study conducted under subsection (a) -shall include, for the Department of Defense, each Defense Agency, and -each the military departments, each of the following: - (1) An identification and evaluation of-- - (A) technology research, development, and - acquisition activities related to explosive ordnance - disposal, including an identification and evaluation - of-- - (i) current and future technology and - related industrial base gaps; and - (ii) any technical or operational risks - associated with such technology or related - industrial base gaps; - (B) recruiting, training, education, assignment, - promotion, and retention of military and civilian - personnel with responsibilities relating to explosive - ordnance disposal; - (C) administrative and operational force structure - with respect to explosive ordnance disposal, including - an identification and assessment of risk associated - with force structure capacity or capability gaps, if - any; and - (D) the demand for, and activities conducted in - support of, domestic and international military - explosive ordnance disposal operations, including-- - (i) support provided to Department of - Defense agencies and other Federal agencies; - and - (ii) an identification and assessment of - risk associated with the prioritization and - availability of explosive ordnance disposal - support among supported agencies and - operations. - (2) Recommendations, if any, for changes to-- - (A) the organization and distribution of - responsibilities and authorities relating to explosive - ordnance disposal; - (B) the explosive ordnance disposal force - structure, management, prioritization, and operating - concepts in support of the explosive ordnance disposal - requirements of the Armed Forces and other Federal - agencies; and - (C) resource investment strategies and technology - prioritization for explosive ordnance disposal, - including science and technology, prototyping, - experimentation, test and evaluation, and related 5- - year funding profiles. - (c) Report to Congress.-- - (1) In general.--Not later than August 31, 2021, the - Secretary of Defense shall submit to the congressional defense - committees a report on the study conducted under subsection - (a). Such report shall include the comments on the study, if - any, of the Secretary of Defense, the directors of each of the - Defense Agencies, and the Secretaries of each of the military - departments. - (2) Form of report.--The report submitted under paragraph - (1) shall be submitted in unclassified form, but may contain a - classified annex. - -SEC. 1703. REPORT ON THE HUMAN RIGHTS OFFICE AT UNITED STATES SOUTHERN - COMMAND. + (3) Table of sections.--The items in the table of sections at + the beginning of such chapter are amended to conform to the + redesignations made by paragraph (2). + (4) Tables of chapters.--The tables of chapters at the + beginning of subtitle A, and at the beginning of part IV of + subtitle A, of title 10, United States Code, are amended by + striking the item relating to chapter 140. + (b) Amendments to Transferred Sections.-- + (1) Section 3451.-- + (A) Section 3451 of title 10, United States Code, as + redesignated by subsection (a)(2), is transferred within + chapter 247 of such title so as to appear after the table of + sections at the beginning of such chapter (and before section + 3452 as so redesignated). + (B) The table of sections at the beginning of such chapter + is amended to conform to the transfer made by subparagraph (A). + (2) Section 3452.--Section 3452 of such title, as redesignated + by subsection (a)(2), is amended by striking ``section 2533a'' and + ``section 2533b'' in subsection (e)(2) and inserting ``section + 4862'' and ``section 4863'', respectively. + (3) Section 3453.--Section 3453 of such title, as redesignated + by subsection (a)(2), is amended by striking ``section 2379'' in + subsection (d)(1) and inserting ``section 3455''. + (4) Section 3455.--Section 3455 of such title, as redesignated + by subsection (a)(2), is amended by striking ``section 2306a'' in + subsection (c)(1) and inserting ``chapter 271''. + (5) Section 3456.--Section 3456 of such title, as redesignated + by subsection (a)(2), is amended by striking ``section + 2306a(b)(4)(B)'' in subsection (b)(2)(B)(i) and inserting ``section + 3703(d)(2)''. + (6) Section 3457.--Section 3457 of such title, as redesignated + by subsection (a)(2), is amended-- + (A) by striking ``section 2376(1)'' in subsections (a) and + (b) and inserting ``section 3451(1)''; and + (B) by striking ``section 2302(9)'' in subsections (a) and + (b) and inserting ``section 3014''. + (7) Section incorporated into section 3457.--Such chapter is + further amended-- + (A) by striking the heading of the final section of such + chapter, as transferred by subsection (a); + (B) in the text following such heading, by striking + ``Notwithstanding section 2376(1)'' and inserting ``(c) + Commingled Items Purchased by Contractors.--Notwithstanding + section 3451(1)''; and + (C) in the table of sections at the beginning of the + chapter, by striking the final item. +SEC. 1822. MULTIYEAR CONTRACTS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 249 and inserting the following: + + ``CHAPTER 249--MULTIYEAR CONTRACTS + +``Subchapter Sec. +``I. Multiyear Contracts for Acquisition of Property.............. 3501 + +``II. Multiyear Contracts for Acquisition of Services............. 3531 + +``III. Other Authorities Relating to Multiyear Contracts.......... 3551 + + ``SUBCHAPTER I--MULTIYEAR CONTRACTS FOR ACQUISITION OF PROPERTY - (a) Sense of Congress.--It is the sense of Congress that-- - (1) the promotion of human rights and the protection of - civilians abroad is an ethical, legal, and strategic interest - of the United States; - (2) the Human Rights Office at the United States Southern - Command plays an essential role in the promotion of human - rights and the professionalization of foreign security forces - in the area of responsibility of the United States Southern - Command; - (3) the Secretary of Defense should ensure the status of - the Human Rights Office at the United States Southern Command - and, to the extent possible, ensure the United States Southern - Command has the assets necessary to support the activities of - the Human Rights Office; and - (4) the Secretary of Defense should ensure the development, - at each of the combatant commands, of an office responsible - for-- - (A) advising the commander of the combatant command - on the promotion of human rights and protection of - civilians; and - (B) integrating such promotion and protection into - command strategy. - (b) Report.--Not later than 90 days after the date of the enactment -of this Act, the Secretary of Defense shall submit to the congressional -defense committees a report on-- - (1) the activities of the Human Rights Office at the United - States Southern Command to provide and promote-- - (A) analysis and policy support to the Commander of - the United States Southern Command regarding human - rights and the protection of civilians; - (B) education of employees of the Department of - Defense regarding human rights and protection of - civilians pursuant to the document promulgated by the - United States Southern Command on July 1, 1998, titled - ``Regulation 1-20'' (relating to policy and procedures - for human rights administration); - (C) integration of the promotion of human rights - and protection of civilians into the strategy, - planning, training, and exercises of the United States - Southern Command, including into programs of the armed - forces of partner countries through the Human Rights - Initiative program of such Command; - (D) promotion of human rights and the protection of - civilians through security cooperation activities; - (E) implementation of section 362 of title 10, - United States Code; and - (F) countering trafficking in persons; and - (2) the resources necessary over the period of the future - years defense plan for fiscal year 2022 under section 221 of - title 10, United States Code, for the United States Southern - Command to support the activities of the Human Rights Office at - such Command. - (c) Form.--The report under subsection (b) shall be submitted in -unclassified form. +``Sec. +``3501. Multiyear contracts for acquisition of property: authority; + definitions. +``3502. Multiyear contracts for acquisition of property: regulations. +``3503. Multiyear contracts for acquisition of property: contract + cancellation or termination. +``3504. Multiyear contracts for acquisition of property: participation + by subcontractors, vendors, and suppliers. +``3505. Multiyear contracts for acquisition of property: protection of + existing authority. +``3506. Department of Defense contracts: acquisition of weapon systems. +``3507. Department of Defense contracts: defense acquisitions + specifically authorized by law. +``3508. Department of Defense contracts: notice to congressional + committees before taking certain actions. +``3509. Department of Defense contracts: multiyear contracts with value + in excess of $500,000,000. +``3510. Department of Defense contracts: additional matters with respect + to multiyear defense contracts. +``3511. Increased funding and reprogramming requests. + +``Sec. 3501. Multiyear contracts for acquisition of property: + authority; definitions +``Sec. 3502. Multiyear contracts for acquisition of property: + regulations +``Sec. 3503. Multiyear contracts for acquisition of property: contract + cancellation or termination +``Sec. 3504. Multiyear contracts for acquisition of property: + participation by subcontractors, vendors, and suppliers +``Sec. 3505. Multiyear contracts for acquisition of property: + protection of existing authority +``Sec. 3506. Department of defense contracts: acquisition of weapon + systems +``Sec. 3507. Department of defense contracts: defense acquisitions + specifically authorized by law +``Sec. 3508. Department of defense contracts: notice to congressional + committees before taking certain actions +``Sec. 3509. Department of defense contracts: multiyear contracts with + value in excess of $500,000,000 +``Sec. 3510. Department of defense contracts: additional matters with + respect to multiyear defense contracts +``Sec. 3511. Increased funding and reprogramming requests''. + (b) Transfer of Subsection (a) of Section 2306b.-- + (1) Transfer.--Subsection (a) of section 2306b of title 10, + United States Code, is transferred to section 3501 of such title, + as added by subsection (a), and inserted after the section heading. + (2) Conforming cross-reference amendment.--Paragraph (7) of + such subsection (a), as so transferred, is amended by striking + ``subparagraphs (C) through (F) of subsection (i)(3)'' and + inserting ``paragraphs (3) through (6) of section 3507(c) of this + title''. + (c) Transfer of Subsection (k) of Section 2306b.-- + (1) Transfer.--Subsection (k) of section 2306b of title 10, + United States Code, is transferred to section 3501 of such title, + as added by subsection (a), and inserted after subsection (a), as + transferred by subsection (b), and redesignated as subsection (b). + (2) Conforming amendment.--Such subsection (b), as so + transferred and redesignated, is amended by striking ``this + section'' and inserting ``this subchapter''. + (d) Transfer of Subsection (b) of Section 2306b.-- + (1) Transfer and internal redesignations.--Subsection (b) of + section 2306b of title 10, United States Code, is transferred to + section 3502 of such title, as added by subsection (a), inserted + after the section heading, and amended-- + (A) by striking the subsection designation and heading; and + (B) by redesignating paragraphs (1) and (2) as subsections + (a) and (b), respectively. + (2) Amendments to new 3502(a).--Subsection (a) of such section, + as so redesignated, is amended-- + (A) by inserting ``Requirement.--'' before ``Each official + named''; + (B) by striking ``paragraph (2)'' and inserting + ``subsection (b)''; and + (C) by striking ``subsection (a)'' and inserting ``section + 3501 of this title''. + (3) Amendments to new 3502(b).--Subsection (b) of such section, + as so redesignated, is amended-- + (A) by striking ``(A) The Secretary of Defense'' and + inserting ``Officials Specified to Prescribe Regulations.-- + ``(1) Department of defense.--The Secretary of Defense''; + (B) by redesignating subparagraphs (B) and (C) as + paragraphs (2) and (3), respectively, and realigning those + paragraphs 2 ems to the right; + (C) in paragraph (2), as so redesignated, by inserting + ``Coast guard.--'' before ``The Secretary of Homeland''; and + (D) in paragraph (3), as so redesignated, by inserting + ``NASA.--'' before ``The Administrator of''. + (e) Transfer of Subsections (c), (f), and (g) of Section 2306b.-- + (1) Transfer.--Subsections (c), (f), and (g) of section 2306b + of title 10, United States Code, are transferred to section 3503 of + such title, as added by subsection (a), inserted (in that order) + after the section heading, and redesignated as subsections (a), + (b), and (c), respectively. + (2) Amendment to new 3503(a).--Subsection (a) of such section + 3503, as transferred and redesignated by paragraph (1), is amended + by inserting ``under section 3502 of this title'' after ``The + regulations''. + (3) Amendment to new 3503(b).--Subsection (b) of such section + 3503, as transferred and redesignated by paragraph (1), is amended + by striking ``under this section'' and inserting ``under this + subchapter''. + (4) Amendments to new 3503(c).--Subsection (c) of such section + 3503, as transferred and redesignated by paragraph (1), is + amended-- + (A) by striking ``Ceilings Exceeding'' and all that follows + through ``Before any'' and inserting ``Ceilings Exceeding + $100,000,000.-- + ``(1) Before any''; + (B) by realigning paragraph (2) 2 ems to the right: + (C) by striking ``subsection (a)'' in paragraphs (1) and + (2) and inserting ``section 3501(a) of this title''; and + (D) in paragraph (2), by striking ``required by'' and all + that follows through ``give written'' and inserting ``required + by section 3507(c) of this title, give written''. + (f) Transfer of Subsection (d) of Section 2306b.-- + (1) Transfer.--Subsection (d) of section 2306b of title 10, + United States Code, is transferred to section 3504 of such title, + as added by subsection (a), inserted after the section heading, and + amended by striking the subsection designation and heading. + (2) Amendments to new 3504.--Such section is further amended-- + (A) by inserting ``under section 3502 of this title'' after + ``the regulations''; and + (B) in paragraph (1), by striking ``subsection (a)'' and + inserting ``section 3501(a) of this title''. + (g) Transfer of Subsection (e) of Section 2306b.-- + (1) Transfer.--Subsection (e) of section 2306b of title 10, + United States Code, is transferred to section 3505 of such title, + as added by subsection (a), inserted after the section heading, and + amended by striking the subsection designation and heading. + (2) Amendments to new 3505.--Such section is further amended-- + (A) by inserting ``under section 3502 of this title'' after + ``The regulations''; + (B) by striking ``this section'' both places it appears and + inserting ``this subchapter''; and + (C) in paragraph (1), by striking ``such a contract'' and + inserting ``a contract under section 3501(a) of this title''. + (h) Transfer of Subsection (h) of Section 2306b.-- + (1) Transfer.--Subsection (h) of section 2306b of title 10, + United States Code, is transferred to section 3506 of such title, + as added by subsection (a), inserted after the section heading, and + amended by striking the subsection designation and heading. + (2) Amendments to new 3506.--Such section is further amended-- + (A) by striking ``subsection (a)'' and inserting ``section + 3501(a) of this title''; and + (B) by striking ``this section'' and inserting ``this + subchapter''. + (i) Transfer of Subsection (i) of Section 2306b.-- + (1) Transfer.--Subsection (i) of section 2306b of title 10, + United States Code, is transferred to section 3507 of such title, + as added by subsection (a), inserted after the section heading, and + amended by striking the subsection designation and heading. + (2) Internal redesignations and transfers.--Paragraphs (1), + (2), (3), (4), (5), (6), and (7) of such section 3507 are + redesignated as subsections (a), (b), (c), (f), (g), (d), and (e), + respectively, and subsections (d) and (e), as so redesignated, are + transferred within that section so as to appear after subsection + (c), as so redesignated. + (3) Amendments to new 3507(a).--Subsection (a) of such section, + as so redesignated, is amended-- + (A) by inserting ``Limitation.--'' before ``In the case + of''; and + (B) by striking ``this section'' and inserting ``this + subchapter''. + (4) Amendments to new 3507(b).--Subsection (b) of such section, + as redesignated by paragraph (2), is amended-- + (A) by inserting ``Matters to Be Included in Request for + Authorization.--'' before ``In submitting''; + (B) by striking ``this section'' and inserting ``this + subchapter''; + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; + (D) in paragraph (1), as so redesignated, by striking + ``subsection (a)'' and inserting ``section 3501(a) of this + title''; and + (E) in paragraph (2), as so redesignated, by striking + ``subparagraph (A)'' and inserting ``paragraph (1)''. + (5) Amendments to new 3507(c).--Subsection (c) of such section, + as redesignated by paragraph (2), is amended-- + (A) by inserting ``Required Certification.--'' before ``A + multiyear contract''; + (B) by striking ``this section'' and inserting ``this + subchapter''; + (C) by redesignating subparagraphs (A) through (G) as + paragraphs (1) through (7), respectively; + (D) in paragraph (1), as so redesignated, by striking + ``subsection (a)'' and inserting ``section 3501(a) of this + title''; + (E) in paragraph (2), as so redesignated, by striking + ``section'' and all that follows through ``of this title'' and + inserting ``section 3226(b) of this title''; and + (F) in paragraph (3), as so redesignated, by striking + ``section 2433(d)'' and inserting ``section 4374''. + (6) Amendments to new 3507(d).--Subsection (d) of such section, + as redesignated and transferred by paragraph (2), is amended-- + (A) by inserting ``Authority When One or More Conditions + Not Met.--'' before ``The Secretary may''; + (B) by striking ``paragraph (3)'' and inserting + ``subsection (c)''; + (C) by striking ``not met, if the Secretary determines + that'' and inserting ``not met, if-- + ``(1) the Secretary determines that''; and + (D) by striking ``of Defense and the Secretary provides'' + and inserting ``of Defense; and + ``(2) the Secretary provides''. + (7) Amendments to new 3507(e).--Subsection (e) of such section, + as redesignated and transferred by paragraph (2), is amended-- + (A) by inserting ``Limitation on Delegation.--'' before + ``The Secretary may not''; + (B) by striking ``paragraph (3)'' and inserting + ``subsection (c)''; and + (C) by striking ``paragraph (6)'' and inserting + ``subsection (d)''. + (8) Amendments to new 3507(f).--Subsection (f) of such section, + as redesignated by paragraph (2), is amended-- + (A) by inserting ``Requests for Relief From Specified Cost + Savings.--'' before ``If for any''; and + (B) by striking ``this section'' and inserting ``this + subchapter''. + (9) Amendments to new 3507(g).--Subsection (g) of such section, + as redesignated by paragraph (2), is amended-- + (A) by striking ``(A) The Secretary may'' and inserting + ``Procurement of Complete and Usable End Items.-- + ``(1) In general.--The Secretary may''; + (B) by redesignating subparagraph (B) as paragraph (2); and + (C) in paragraph (2), as so redesignated-- + (i) by realigning the paragraph 2 ems to the right; and + (ii) by inserting ``Long-lead items.--'' before ``The + Secretary may''. + (j) Transfer of Subsection (l) of Section 2306b.-- + (1) Transfer to new sections 3508, 3509, and 3510.-- + (A) Transfers of certain paragraphs of 2306b to new 3509.-- + (i) Paragraph (3) of subsection (l) of section 2306b of + title 10, United States Code, is transferred to section + 3509 of such title, as added by subsection (a), inserted + after the section heading, and redesignated as subsection + (a). + (ii) Such section 3509 is further amended by adding at + the end the following: + ``(b) Report Required Before Entering Into Contract Above +Threshold.--''. + (iii) Paragraph (5) of subsection (l) of such section + 2306b is transferred to section 3509 of such title, as + added by subsection (a), inserted at the end of subsection + (b), as added by clause (ii), and redesignated as paragraph + (1). + (iv) Paragraphs (4) and (9) of subsection (l) of such + section 2306b are transferred to section 3509 of such + title, as added by subsection (a), inserted (in that order) + after paragraph (1) of subsection (b), as transferred and + redesignated by clause (iii), and redesignated as + paragraphs (2) and (3), respectively. + (B) Transfer of certain paragraphs of 2306b to new 3510.-- + Paragraphs (2) and (7) of subsection (l) of such section 2306b + are transferred to section 3510 of such title, as added by + subsection (a), inserted after the section heading, and + redesignated as subsection (b) and (c), respectively. + (C) Transfer of remaining paragraphs of 2306b to new + 3508.--Subsection (l) of such section 2306b (as amended by + subparagraphs (A) and (B)) is transferred to section 3508 of + such title, as added by subsection (a), inserted after the + section heading, and amended-- + (i) by striking the subsection designation and + subsection heading; and + (ii) by redesignating paragraphs (1), (6), and (8) as + subsections (a), (b), and (c), respectively. + (2) Amendments to new 3508(a).--Subsection (a) of such section + 3508, as transferred and redesignated by paragraph (1)(C), is + amended-- + (A) by striking ``(A) The head of an agency'' and inserting + ``Notice Before Award of Certain Contracts.-- + ``(1) Required notice.--The head of an agency''; + (B) by striking ``subparagraph (B)'' and inserting + ``paragraph (2)''; + (C) by redesignating subparagraph (B) as paragraph (2) and + realigning that paragraph 2 ems to the right; and + (D) in paragraph (2), as so redesignated-- + (i) by striking ``subparagraph (A)'' and inserting + ``Covered contracts.--Paragraph (1)''; + (ii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; and + (iii) by redesignating subclauses (I) and (II) of + subparagraph (A), as so redesignated, as clauses (i) and + (ii), respectively. + (3) Amendment to new 3508(b).--Subsection (b) of such section + 3508, as transferred and redesignated by paragraph (1)(C), is + amended by inserting ``Notice Before Terminating Multiyear + Procurement Contract.--'' before ``The head of''. + (4) Amendments to new 3508(c).--Subsection (c) of such section + 3508, as transferred and redesignated by paragraph (1)(C), is + amended by striking ``This subsection does not'' and inserting + ``Inapplicability to Noaa and Coast Guard.--This section and + sections 3509 and 3510 of this title do not''. + (5) Amendment to new 3509(a).--Subsection (a) of such section + 3509, as transferred and redesignated by paragraph (1)(A)(i), is + amended by inserting ``Limitation.--'' before ``The head of''. + (6) Amendments to new 3509(b).--Subsection (b) of such section + 3509, as designated and amended by clauses (ii), (iii), and (iv) of + paragraph (1)(A), is amended-- + (A) in paragraph (1)-- + (i) by inserting ``In general.--'' before ``The head + of''; and + (ii) by striking ``paragraph (4)'' and inserting + ``paragraph (2)''; + (B) in paragraph (2), by striking ``Each report required by + paragraph (5)'' and inserting ``Matter to be included in + report.--Each report required by paragraph (1)''; and + (C) in paragraph (3), by inserting ``Definitions.--'' + before ``In this''. + (7) Amendment to new 3510(b).--Subsection (b) of such section + 3510, as transferred and redesignated by paragraph (1)(B), is + amended by inserting ``Funding for Economic Order Quantity Advance + Procurement.--'' before ``The head of''. + (8) Amendment to new 3510(c).--Subsection (c) of such section + 3510, as transferred and redesignated by paragraph (1)(B), is + amended by inserting ``Use of Present Value Analysis.--'' before + ``The execution of''. + (k) Transfer of Subsection (j) of Section 2306b to New 3510.-- +Subsection (j) of section 2306b of title 10, United States Code, is +transferred to section 3510 of such title, as added by subsection (a), +inserted after the section heading, redesignated as subsection (a), and +amended by striking the first word of the subsection heading. + (l) Transfer of Subsection (m) of Section 2306b to New 3511.-- +Subsection (m) of section 2306b of title 10, United States Code, is +transferred to section 3511 of such title, as added by subsection (a), +inserted after the section heading, and amended-- + (1) by striking the subsection designation and subsection + heading; + (2) by striking ``this section'' and inserting ``this + subchapter''; and + (3) by striking ``subsection (i)'' and inserting ``section 3507 + of this title''. + (m) New Subchapter.--Chapter 249 of title 10, United States Code, +as amended by subsection (a), is amended by adding at the end the +following new subchapter: + + ``SUBCHAPTER II--MULTIYEAR CONTRACTS FOR ACQUISITION OF SERVICES + +``Sec. +``3531. Multiyear contracts for acquisition of services: authority; + definitions. +``3532. Multiyear contracts for acquisition of services: applicable + principles. +``3533. Multiyear contracts for acquisition of services: contract + cancellation or termination. +``3534. Multiyear contracts for acquisition of services: contracts with + value above $500,000,000 to be specifically authorized by law. +``3535. Multiyear contracts for acquisition of services: notice to + congressional committees before taking certain actions. + +``Sec. 3531. Multiyear contracts for acquisition of services: + authority; definitions +``Sec. 3532. Multiyear contracts for acquisition of services: + applicable principles +``Sec. 3533. Multiyear contracts for acquisition of services: contract + cancellation or termination +``Sec. 3534. Multiyear contracts for acquisition of services: contracts + with value above $500,000,000 to be specifically authorized by law +``Sec. 3535. Multiyear contracts for acquisition of services: notice to + congressional committees before taking certain actions''. + (n) Transfer of Subsections (a), (b), (f), and (h) of Section +2306c.-- + (1) Transfer.--Subsections (a), (b), (f), and (h) of section + 2306c of title 10, United States Code, are transferred to section + 3531 of such title, as added by subsection (n), and inserted (in + that order) after the section heading, and subsections (f) and (h) + are redesignated as subsections (c) and (d), respectively. + (2) Amendment to new 3531(a).--Subsection (a) of such section + 3531, as so transferred, is amended by striking ``subsections (d) + and (e)'' and inserting ``sections 3533 and 3534 of this title''. + (3) Amendment to new 3531(c) & (d).--Subsections (c) and (d) of + such section 3531, as so transferred and redesignated, are each + amended by striking ``this section'' and inserting ``this + subchapter''. + (o) Transfer of Subsection (c) of Section 2306c.--Subsection (c) of +section 2306c of title 10, United States Code, is transferred to +section 3532 of such title, as added by subsection (m), inserted after +the section heading, and amended-- + (1) by striking the subsection designation and subsection + heading; and + (2) by striking ``this section'' and inserting ``this + subchapter''. + (p) Transfer of Subsection (e) of Section 2306c.--Subsection (e) of +section 2306c of title 10, United States Code, is transferred to +section 3533 of such title, as added by subsection (m), inserted after +the section heading, and redesignated as subsection (a). + (q) Transfer of Paragraphs (4) & (5) of Subsection (d) of Section +2306c.-- + (1) Insertion of subsection (b) designation.--Such section 3533 + is further amended by adding at the end the following: + ``(b) Contract Cancellation Ceilings Exceeding $100,000,000.--''. + (2) Transfer and redesignation of paragraphs.--Paragraphs (4) + and (5) of subsection (d) of section 2306c of title 10, United + States Code, are transferred to such section 3533 of such title, + inserted at the end of subsection (b), as added by paragraph (1), + and redesignated as paragraphs (1) and (2), respectively. + (3) Amendment to new 3533(b)(1).--Paragraph (1) of such + subsection (b), as so transferred and redesignated, is amended by + striking ``subsection (a)'' and inserting ``sections 3531(a) of + this title''. + (4) Amendment to new 3533(b)(2).--Paragraph (2) of such + subsection (b), as so transferred and redesignated, is amended-- + (A) by striking ``subsection (a)'' and inserting ``sections + 3531(a) of this title''; and + (B) by striking ``paragraph (4)'' and inserting ``paragraph + (1)''. + (r) Transfer of Paragraph (2) of Subsection (d) of Section 2306c.-- +Paragraph (2) of subsection (d) of such section 2306c is transferred to +section 3534 of such title, as added by subsection (m), inserted after +the section heading, and amended-- + (1) by striking the paragraph designation; and + (2) by striking ``this section'' and inserting ``this + subchapter''. + (s) Transfer of Remainder of Subsection (d) of Section 2306c.-- + (1) Transfer.--Subsection (d) of such section 2306c (as amended + by subsections (r) and (s)) is transferred to section 3535 of such + title, as added by subsection (m), inserted after the section + heading, and amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1) and (3) as subsections + (a) and (b), respectively. + (2) Amendments to new 3535(a).--Subsection (a) of such section + 3535, as so transferred and redesignated, is amended-- + (A) by inserting ``Notice Before Award of Certain + Contracts.--'' before ``The head of an agency''; and + (B) by striking ``this section'' and inserting ``this + subchapter''. + (3) Amendment to new 3535(b).--Subsection (b) of such section + 3535, as so transferred and redesignated, is amended by inserting + ``Notice Before Terminating Multiyear Procurement Contract for + Services.--'' before ``The head of an agency''. + (t) Other Authorities.-- + (1) New subchapter.--Chapter 249 of title 10, United States + Code, as amended by this section, is further amended by adding at + the end the following new subchapter: + + ``SUBCHAPTER III--OTHER AUTHORITIES RELATING TO MULTIYEAR CONTRACTS -SEC. 1704. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE PACIFIC - REGION. +``Sec. +``3551. Multiyear procurement authority: purchase of dinitrogen + tetroxide, hydrazine, and hydrazine-related products.''. - (a) Report.--Not later than March 15, 2021, the Chairman of the -Joint Chiefs of Staff, in coordination with the Commander of United -States Indo-Pacific Command, the Secretary of the Army, the Secretary -of the Navy, and the Secretary of the Air Force, shall submit to the -congressional defense committees a report containing a plan to -integrate combined, joint, and multi-domain, training and -experimentation in the Pacific region, including existing ranges, -training areas, and test facilities, to achieve the following -objectives: - (1) Support future combined and joint exercises and - training to test operational capabilities and weapon systems. - (2) Employ multi-domain training to validate joint - operational concepts. - (3) Integrate allied and partner countries into national- - level exercises. - (b) Matters.--The report under subsection (a) shall address the + (2) Transfer of section 2410o.--Section 2410o of title 10, + United States Code, is transferred to subchapter III of chapter 249 + of such title, as added by paragraph (1), inserted after the table + of sections, and redesignated as section 3551. +SEC. 1823. SIMPLIFIED ACQUISITION PROCEDURES. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 251 and inserting the following: + + ``CHAPTER 251--SIMPLIFIED ACQUISITION PROCEDURES + +``Sec. +``3571. Simplified acquisition threshold. +``3572. Implementation of simplified acquisition procedures. +``3573. Micro-purchase threshold.''. + + (b) Transfer of Sections.--Section 2302a, 2302b, and 2338 of title +10, United States Code, are transferred to chapter 251 of such title, +as amended by subsection (a), inserted (in that order) after the table +of sections, and redesignated as sections 3571, 3572, and 3573, +respectively. + (c) Conforming Cross-reference Amendments.-- + (1) Section 3571 of such title, as so transferred and + redesignated, is amended by striking ``section 2303'' in subsection + (a) and inserting ``section 3063''. + (2) Section 3572 of such title, as so transferred and + redesignated, is amended by striking ``section 2303(a)'' and + inserting ``section 3063''. +SEC. 1824. RAPID ACQUISITION PROCEDURES. + (a) Revised Chapter Outline.--Part V of subtitle A of title 10, +United States Code, as added by section 801 of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +115-232), is amended by striking chapter 253 and inserting the following: - (1) Integration of cyber, space, and electromagnetic - spectrum domains. - (2) Mobile and fixed range instrumentation packages for - experimentation and training. - (3) Digital, integrated command and control for air defense - systems. - (4) Command, control, communications, computer, and - information (C41) systems. - (5) War gaming, modeling, and simulations packages. - (6) Intelligence support systems. - (7) Manpower management, execution, collection, and - analysis required for the incorporation of space and cyber - activities into the training range exercise plan contained in - such report. - (8) Connectivity requirements to support all domain - integration and training. - (9) Any training range upgrades or infrastructure - improvements necessary to integrate legacy training and - exercise facilities into integrated, operational sites. - (10) Exercises led by the United States Indo-Pacific - Command, within the area of operations of the Command, that - integrate allied and partnered countries and link to the - national-level exercises of the United States. - (11) Incorporation of any other functional and geographic - combatant commands required to support the United States Indo- - Pacific Command. - (c) Form.--The report under subsection (a) may be submitted in -classified form, and shall include an unclassified summary. -SEC. 1705. STUDY ON CHINESE POLICIES AND INFLUENCE IN THE DEVELOPMENT - OF INTERNATIONAL STANDARDS FOR EMERGING TECHNOLOGIES. + ``CHAPTER 253--RAPID ACQUISITION PROCEDURES - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Director of the National Institute of -Standards and Technology shall enter into an agreement with an -appropriate non-governmental entity with relevant expertise, as -determined by the Director, to conduct a study and make recommendations -with respect to the impact of the policies of the People's Republic of -China and coordination among industrial entities within the People's -Republic of China on international bodies engaged in developing and -setting international standards for emerging technologies. The study -may include-- - (1) an assessment of how the role of the People's Republic - of China in international standards setting organizations has - grown over the previous 10 years, including in leadership roles - in standards-drafting technical committees, and the quality or - value of that participation; - (2) an assessment of the impact of the standardization - strategy of the People's Republic of China, as identified in - the ``Chinese Standard 2035'' on international bodies engaged - in developing and setting standards for select emerging - technologies, such as advanced communication technologies or - cloud computing and cloud services; - (3) an examination of whether international standards for - select emerging technologies are being designed to promote - interests of the People's Republic of China that are expressed - in the ``Made in China 2025'' plan to the exclusion of other - participants; - (4) an examination of how the previous practices that the - People's Republic of China has utilized while participating in - international standards setting organizations may foretell how - the People's Republic of China will engage in international - standardization activities of critical technologies like - artificial intelligence and quantum information science, and - what may be the consequences; - (5) recommendations on how the United States can take steps - to mitigate influence of the People's Republic of China and - bolster United States public and private sector participation - in international standards-setting bodies; and - (6) any other areas the Director, in consultation with the - entity selected to conduct the study, believes is important to - address. - (b) Report to Congress.--The agreement entered into under -subsection (a) shall require the entity conducting the study to, not -later than 2 years after the date of the enactment of this Act-- - (1) submit to the Committee on Science, Space, and - Technology of the House of Representatives and the Committee on - Commerce, Science, and Transportation of the Senate a report - containing the findings and recommendations of the review - conducted under subsection (a); and - (2) make a copy of such report available on a publicly - accessible website. - -SEC. 1706. SENSE OF CONGRESS AND STRATEGY ON CATASTROPHIC CRITICAL - INFRASTRUCTURE FAILURE RESPONSE. +``Subchapter + Sec. +``I. [Reserved]................................................... 3601 - (a) Sense of Congress.--It is the sense of Congress that-- - (1) the occurrence of a catastrophic critical - infrastructure failure event, in which key networks - facilitating the delivery of essential services such as - electricity, water, or communications fail for an extended - duration, would constitute a significant threat to the national - security and common welfare of the United States; - (2) such a catastrophic critical infrastructure failure - event could occur by various means, including but not limited - to those linked to natural phenomenon (including earthquakes, - hurricanes, or geomagnetic disturbances) or military conflict - (including cyberattacks, electromagnetic pulse effects, or - kinetic assault); and - (3) the Department of the Defense should strengthen its - preparedness for catastrophic critical infrastructure failure - events, including with respect to preemptive infrastructure - enhancements, the facilitation of resiliency and relief efforts - in the aftermath thereto, and the mitigation of impacts of such - an event on activities of the Department. - (b) Strategy.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the congressional defense committees a report that - includes an analysis of each of the following: - (A) Particular threat scenarios involving - catastrophic critical infrastructure failure events - which the Secretary believes could be adequately - addressed by existing Department of Defense plans and - resources. - (B) Particular threat scenarios involving - catastrophic critical infrastructure failure events - which the Secretary believes could not currently be - adequately addressed by existing Department of Defense - plans and resources. - (C) Unique challenges, with respect to activities - and operations of the Department of Defense, presented - by catastrophic critical infrastructure failure events - involving geomagnetic disturbance or electromagnetic - pulse events. - (D) Strategies to increase future preparedness with - respect to any threat scenarios identified pursuant to - subparagraph (B). - (2) Form.--The report under paragraph (1) may be submitted - in classified form, but if so submitted, shall be accompanied - by an unclassified summary. - -SEC. 1707. GAO STUDY ON THE SCHOOL-TO-PRISON PIPELINE. +``II. [Reserved].................................................3611''. - (a) In General.--The Comptroller General of the United States shall -conduct a study on the school to prison pipeline in order to-- - (1) highlight this issue; - (2) offer proof of concept to States that evidence-based - interventions, such as restorative practices, are-- - (A) more effective than punitive, exclusionary - measures; - (B) improve student achievement; and - (C) enhance public safety and student-well-being; - and - (3) determine the long-term benefits of replacing a - punitive approach to discipline with restorative practices in - schools, by analyzing the potential savings generated by - helping children stay in school and out of the criminal justice - system. - (b) Cost-Benefit Analysis.--The study conducted under subsection -(a) shall include a cost-benefit analysis to determine the -effectiveness and impact of school resource officers and local law -enforcement personnel on school climate and student discipline. - (c) Report.--Upon the conclusion of the study under subsection (a), -the Comptroller General of the United States shall prepare and submit -to Congress a report regarding the study and the conclusions and -recommendations generated from the study. + (b) Clerical Amendments.--The tables of chapters at the beginning +of subtitle A, and at the beginning of part V of subtitle A, of title +10, United States Code, are amended by striking the item relating to +chapter 253 and inserting the following new item: -SEC. 1708. DEPARTMENT OF VETERANS AFFAIRS REPORT ON UNCLAIMED PROPERTY. +``253. Rapid Acquisition Procedures..............................3601''. - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Veterans Affairs shall submit -to Congress a report on the unclaimed property in the possession of the -Department of Veterans Affairs. - (b) Review of Report.--The Comptroller General of the United States -shall conduct a review of the report submitted under subsection (a). - (c) Unclaimed Property Defined.--The term ``unclaimed property'' -includes any intangible personal property, including money, liquidated -obligations, choses in action, accounts, entrusted funds, deposits, -evidences of debt or instruments held by any Federal agency, officer or -employee thereof (except bonuses, gratuities, and sums held by the -Social Security Administration), which has remained unclaimed by the -owner. +SEC. 1825. CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS, +AIRCRAFT, AND COMBAT VEHICLES. + (a) New Chapters.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 255 the following new chapters: -SEC. 1709. REPORT REGARDING VETERANS WHO RECEIVE BENEFITS UNDER LAWS - ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. + ``CHAPTER 257--CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS, + AIRCRAFT, AND COMBAT VEHICLES - (a) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Veterans Affairs shall publish -a report regarding veterans who receive benefits under laws -administered by the Secretary, including the Transition Assistance -Program under sections 1142 and 1144 of title 10, United States Code. - (b) Data.--The data regarding veterans published in the report -under subsection (a)-- - (1) shall be disaggregated by-- - (A) sex; - (B) sexual orientation; - (C) gender identity; - (D) minority group member status; and - (E) minority group member status listed by sex; and - (2) may not include any personally identifiable - information. - (c) Matters Included.--The report under subsection (a) shall -include-- - (1) identification of any disparities in the use of - benefits under laws administered by the Secretary; - (2) an analysis of the cause of such disparities, and - recommendations to address such disparities; and - (3) identification of veterans who are determined to be - ineligible for benefits due to discharge status. - (d) Minority Group Member Defined.--In this section, the term -``minority group member'' has the meaning given that term in section -544 of title 38, United States Code. - -SEC. 1710. GAO REPORT ON ZTE COMPLIANCE WITH SETTLEMENT AGREEMENT. +``Sec. +``3671. Requirement for authorization by law of certain contracts + relating to vessels, aircraft, and combat vehicles. +``3672. Requirement of specific authorization by law for appropriation, + and for obligation and expenditure, of funds for certain + contracts relating to aircraft, naval vessels, and combat + vehicles. +``3673. Limitation on indemnification. +``3674. Long-term lease or charter defined; substantial termination + liability. +``3675. Capital lease or lease-purchase treated as an acquisition. +``3676. Guidelines. +``3677. Contracts for lease or use of vessels for a term of greater than + two years but less than five years: prior notice to + congressional committees. +``3678. Contracts with terms of 18 months or more: limitation. +``Sec. 3671. Requirement for authorization by law of certain contracts + relating to vessels, aircraft, and combat vehicles +``Sec. 3672. Requirement of specific authorization by law for + appropriation, and for obligation and expenditure, of funds for + certain contracts relating to aircraft, naval vessels, and combat + vehicles +``Sec. 3673. Limitation on indemnification +``Sec. 3674. Long-term lease or charter defined; substantial + termination liability +``Sec. 3675. Capital lease or lease-purchase treated as an acquisition +``Sec. 3676. Guidelines +``Sec. 3677. Contracts for lease or use of vessels for a term of + greater than two years but less than five years: prior notice to + congressional committees +``Sec. 3678. Contracts with terms of 18 months or more: limitation + + ``CHAPTER 258--OTHER TYPES OF CONTRACTS USED FOR PROCUREMENTS FOR + PARTICULAR PURPOSES - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Comptroller General of the United States -shall submit to Congress a report on the compliance of Zhongxing -Telecommunications Equipment Corporation and ZTE Kangxun -Telecommunications Ltd. (collectively referred to in this section as -``ZTE'') with the Superseding Settlement Agreement and Superseding -Order reached with the Department of Commerce on June 8, 2018 (in this -section referred to as the ``agreement''). - (b) Matters To Be Included.--The report required by subsection (a) -shall include a comprehensive analysis of the following: - (1) The level of compliance by ZTE, past and present, with - the obligations of ZTE under the agreement. - (2) The transparency and candor of ZTE in representing such - level of compliance. - (3) Efforts by the United States Government to monitor, - report on, and ensure compliance by ZTE with the agreement. - (4) Whether any actions taken by ZTE since June 8, 2018, - constitute a material breach of the obligations of ZTE under - the agreement. - (5) Recommended courses of action for the United States - Government to improve compliance by ZTE with the agreement or - to respond to a material breach of the obligations of ZTE under - the agreement. - -SEC. 1710A. GAO STUDY OF CYBERSECURITY INSURANCE. +``Sec. +``3681. Leasing of commercial vehicles and equipment. + +``Sec. 3681. Leasing of commercial vehicles and equipment''. + (b) Transfer of Subsections (a) and (b) of Section 2401.-- +Subsections (a) and (b) of section 2401 of title 10, United States +Code, are transferred to section 3671 of such title, as added by +subsection (a), and inserted after the section heading. + (c) Transfer of Subsection (c)(2) of Section 2401.--Paragraph (2) +of subsection (c) of such section 2401 is transferred to section 3673 +of such title, as added by subsection (a), inserted after the section +heading, and amended-- + (1) by striking the paragraph designation; + (2) by striking ``this section'' and inserting ``this + chapter''; and + (3) by redesignating subparagraphs (A) and (B) as paragraphs + (1) and (2), respectively. + (d) Transfer of Subsection (c)(1) of Section 2401.--Subsection (c) +of such section 2401 (as amended by subsection (c)), is transferred to +section 3672 of such title, as added by subsection (a), inserted after +the section heading, redesignated as subsection (a), and amended-- + (1) by striking ``(1) Funds may not'' and inserting + ``Limitation.--Funds may not''; and + (2) by redesignating subparagraphs (A) and (B) as paragraphs + (1) and (2), respectively. + (e) Transfer of Subsection (e) of Section 2401.--Subsection (e) of +section 2401 of such title, is transferred to section 3672 of such +title, as added by subsection (a), inserted after subsection (a), as +transferred and redesignated by subsection (d), redesignated as +subsection (b), and amended-- + (1) by striking ``(1) Whenever a request'' and inserting + ``Matter to Be Submitted to Congress.--(1) Whenever a request''; + (2) in paragraph (2), by striking ``subsection (g)'' and + inserting ``section 3676 of this title''; and + (3) in paragraph (3), by striking ``this section'' and + inserting ``this chapter''. + (f) Transfer of Subsection (d) of Section 2401.-- + (1) Transfer.--Subsection (d) of section 2401 of such title is + transferred to section 3674 of such title, as added by subsection + (a), inserted after the section heading, and amended-- + (A) by striking the subsection designation; and + (B) by redesignating paragraphs (1) and (2) as subsections + (a) and (b), respectively. + (2) Amendments to new 3674(a).--Subsection (a) of such section + 3674, as so redesignated, is amended-- + (A) by striking ``(A) In this section'' and inserting + ``Long-term Lease or Charter.-- + ``(1) General rule.-- + ``(A) In this chapter''; + (B) by striking ``subparagraph (B)'' and inserting + ``paragraph (2)''; and + (C) by redesignating subparagraph (B) as paragraph (2); + (D) by designating the sentence after clause (ii) of + subparagraph (A) as subparagraph (B); and + (E) in paragraph (2), as redesignated by subparagraph (C)-- + (i) by striking ``In the case of'' and inserting + ``Special rule.-- + ``(A) In the case of''; and + (ii) by designating the sentence after clause (ii) of + subparagraph (A) as subparagraph (B). + (3) Amendments to new 3674(b).--Subsection (b) of such section + 3674, as so redesignated, is amended-- + (A) by inserting ``Substantial Termination Liability.--'' + before ``For the purposes of''; + (B) by striking ``this section'' and inserting ``this + chapter''; + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; and + (D) in paragraph (2), as so redesignated, by redesignating + clauses (i) and (ii) as subparagraphs (A) and (B), + respectively. + (g) Transfer of Subsection (f) of Section 2401.-- + (1) Transfer.--Subsection (f) of section 2401 of such title is + transferred to section 3675 of such title, as added by subsection + (a), inserted after the section heading, and amended-- + (A) by striking the subsection designation; and + (B) by redesignating paragraphs (1) and (2) as subsections + (a) and (b), respectively. + (2) Amendments to new 3675(a).--Subsection (a) of such section + 3675, as so redesignated, is amended-- + (A) inserting ``In General.--'' before ``If a lease or + charter''; + (B) by striking ``this section'' and inserting ``this + chapter''; and + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively. + (3) Amendments to new 3675(b).--Subsection (b) of such section + 3675, as so redesignated, is amended by striking ``In this + subsection'' and inserting ``Definitions.--In this section''. + (h) Transfer of Subsection (g) of Section 2401.--Subsection (g) of +section 2401 of such title is transferred to section 3676 of such +title, as added by subsection (a), inserted after the section heading, +and amended by striking the subsection designation. + (i) Transfer of Subsection (h) of Section 2401.--Subsection (h) of +section 2401 of such title is transferred to section 3677 of such +title, as added by subsection (a), inserted after the section heading, +and amended by striking the subsection designation. + (j) Transfer of Subsection (b) of Section 2401a.--Subsection (b) of +section 2401a of such title is transferred to section 3678 of such +title, as added by subsection (a), inserted after the section heading, +and amended by striking the subsection designation and subsection +heading. + (k) Transfer of Subsection (a) of Section 2401a.--Subsection (a) of +section 2401a of such title is transferred to section 3681 of such +title, as added by subsection (a), inserted after the section heading, +and amended by striking the subsection designation and subsection +heading. + (l) Tables of Chapters Amendments.--The tables of chapters at the +beginning of subtitle A, and at the beginning of part V of subtitle A, +of title 10, United States Code, are amended by inserting after the +item relating to chapter 255 the following new items: + +``257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, + and Combat''. + + Subtitle D--General Contracting Provisions + +SEC. 1831. COST OR PRICING DATA. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 271 and inserting the following: + + ``CHAPTER 271--TRUTHFUL COST OR PRICING DATA (TRUTH IN NEGOTIATIONS) - (a) Study.--The Comptroller General of the United States shall -conduct a study to assess and analyze the state and availability of -insurance coverage in the United States for cybersecurity risks, which -shall include-- - (1) identifying the number and dollar volume of cyber - insurance policies currently in force and the percentage of - businesses, and specifically small businesses, that have cyber - insurance coverage; - (2) assessing the extent to which States have established - minimum standards for the scope of cyber insurance policies; +``Sec. +``3701. Definitions. +``3702. Required cost or pricing data and certification. +``3703. Exceptions. +``3704. Cost or pricing data on below-threshold contracts. +``3705. Submission of other information. +``3706. Price reductions for defective cost or pricing data. +``3707. Interest and penalties for certain overpayments. +``3708. Right to examine contractor records. + +``Sec. 3701. Definitions +``Sec. 3702. Required cost or pricing data and certification +``Sec. 3703. Exceptions +``Sec. 3704. Cost or pricing data on below-threshold contracts +``Sec. 3705. Submission of other information +``Sec. 3706. Price reductions for defective cost or pricing data +``Sec. 3707. Interest and penalties for certain overpayments +``Sec. 3708. Right to examine contractor records''. + (b) Transfer of Subsection (h) of Section 2306a.--Subsection (h) of +section 2306a of title 10, United States Code, is transferred to +section 3701 of such title, as added by subsection (a), inserted after +the section heading, redesignated as subsection (a), and amended-- + (1) by striking ``this section'' and inserting ``this + chapter''; and + (2) in paragraph (1), by striking ``subsection (e)(1)(B)'' and + inserting ``section 3706(a)(2) of this title''. + (c) Transfer of Subsection (a) of Section 2306a.-- + (1) Transfer.--Subsection (a) of section 2306a of title 10, + United States Code, is transferred to section 3702 of such title, + as added by subsection (a), inserted after the section heading, and + amended by redesignating paragraphs (2) through (7) as subsections + (b) through (g), respectively. + (2) Conforming internal redesignations and insertion of + headings in new 3702(a).--Such subsection (a), as so transferred + and amended, is amended-- + (A) by striking ``Required Cost or Pricing Data and + Certification.--(1) the head of'' and inserting ``When + Required.--The head of''; + (B) by redesignating subparagraphs (A), (B), (C), and (D) + as paragraphs (1), (2), (3), and (4), respectively; + (C) in paragraph (1), as so redesignated-- + (i) by inserting ``Offeror for prime contract.--'' + before ``An offeror''; and + (ii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; + (D) in paragraph (2), as so redesignated-- + (i) by inserting ``Contractor.--'' before ``The + contractor''; + (ii) by redesignating clauses (i), (ii), and (iii) as + subparagraphs (A), (B), and (C), respectively; + (iii) in subparagraph (A), as so redesignated, by + striking ``subparagraph (A)(i)'' and inserting ``paragraph + (1)(A)''; + (iv) in subparagraph (B), as so redesignated, by + striking ``paragraph (6)'' and inserting ``subsection + (f)''; and + (v) in subparagraph (C), as so redesignated, by + striking ``clause (i) or (ii)'' and inserting + ``subparagraph (A) or (B)''; + (E) in paragraph (3), as so redesignated-- + (i) by inserting ``Offeror for subcontract.--'' before + ``An offeror''; + (ii) by redesignating clauses (i), (ii), and (iii) as + subparagraphs (A), (B), and (C), respectively; + (iii) in subparagraph (A), as so redesignated, by + striking ``subparagraph (A)(i)'' and inserting ``paragraph + (1)(A)''; + (iv) in subparagraph (B), as so redesignated, by + striking ``paragraph (6)'' and inserting ``subsection + (f)''; and + (v) in subparagraph (C), as so redesignated, by + striking ``clause (i) or (ii)'' and inserting + ``subparagraph (A) or (B)''; and + (F) in paragraph (4), as so redesignated-- + (i) by inserting ``Subcontractor.--'' before ``The + subcontractor''; + (ii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; + (iii) in the matter preceding subparagraph (A), as so + redesignated, by striking ``subparagraph (C)'' and + inserting ``paragraph (3)''; + (iv) in subparagraph (A), as so redesignated, by + striking ``subparagraph (C)(i)'' and inserting ``paragraph + (3)(A)''; and + (v) in subparagraph (B), as so redesignated, by + striking ``subparagraph (C)(iii)'' and inserting + ``paragraph (3)(C)''. + (3) Conforming amendments in new section 3702(a) to references + to chapter 137.--Such subsection (a) is further amended by striking + ``a prime contract under this chapter'' each place it appears and + inserting ``a prime contract under a chapter 137 legacy + provision''. + (4) Conforming internal redesignations and insertion of heading + in new 3702(b).--Subsection (b) of section 3702, as transferred and + redesignated by paragraph (1), is amended-- + (A) by inserting ``Certfication.--'' before ``A person + required''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; and + (C) by striking ``subsection (c)'' and inserting ``section + 3704 of this title''. + (5) Conforming internal redesignations and insertion of heading + in new 3702(c).--Subsection (c) of section 3702, as transferred and + redesignated by paragraph (1), is amended-- + (A) by inserting ``To Whom Submitted.--'' before ``Cost or + pricing data''; + (B) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; and + (C) in the matter preceding paragraph (1), as so + redesignated-- + (i) by striking ``paragraph (1) (or under subsection + (c))'' and inserting ``subsection (a) (or under section + 3704 of this title)''; and + (ii) by striking ``paragraph (2)'' and inserting + ``subsection (b)''. + (6) Conforming internal redesignations and insertion of heading + in new 3702(d).--Subsection (d) of section 3702, as transferred and + redesignated by paragraph (1), is amended-- + (A) by inserting ``Applicability of Chapter.--'' before + ``Except as provided under''; and + (B) by striking ``subsection (b)'' and inserting ``section + 3703 of this title''. + (7) Conforming internal redesignations and insertion of heading + in new 3702(e).--Subsection (e) of section 3702, as transferred and + redesignated by paragraph (1), is amended-- + (A) by inserting ``Subcontracts Not Affected by Waiver.--'' + before ``A waiver of''; + (B) by striking ``subsection (b)(1)(C)'' and inserting + ``section 3703(a)(3) of this title''; + (C) by striking ``paragraph (1)(C)'' and inserting + ``subsection (a)(3)''; and + (D) by striking ``that paragraph'' and inserting ``that + subsection''. + (8) Conforming internal redesignations and insertion of heading + in new 3702(f).--Subsection (f) of section 3702, as transferred and + redesignated by paragraph (1), is amended-- + (A) by inserting ``Modifications to Prior Contracts.--'' + before ``Upon the request of''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; + (C) by striking ``that paragraph'' and inserting ``that + subsection''; and + (D) by striking ``subparagraphs (B)(ii) and (C)(ii) of + paragraph (1)'' and inserting ``paragraphs (2)(B) and (3)(B) of + subsection (a)''. + (9) Conforming internal redesignations and insertion of heading + in new 3702(g).--Subsection (g) of section 3702, as transferred and + redesignated by paragraph (1), is amended-- + (A) by inserting ``Adjustment of Amounts.--'' before + ``Effective on''; and + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''. + (d) Transfer of Subsection (b) of Section 2306a.-- + (1) Transfer.--Subsection (b) of section 2306a of title 10, + United States Code, is transferred to section 3703 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1) through (6) as + subsections (a) through (f), respectively, and realigning those + subsections flush to the left margin. + (2) Conforming internal redesignations in new 3703(a).-- + Subsection (a) of such section 3703, as so transferred and + redesignated by paragraph (1), is amended-- + (A) by redesignating subparagraphs (A), (B), (C), and (D) + as paragraphs (1), (2), (3), and (4), respectively; + (B) in the matter preceding paragraph (1), as so + redesignated, by striking ``under subsection (a)'' and + inserting ``under section 3702 of this title''; + (C) in paragraph (1), as so redesignated, by redesignating + clauses (i) and (ii) as subparagraphs (A) and (B), + respectively; and + (D) in paragraph (3), as so redesignated, by striking + ``this section'' and inserting ``this chapter''; and + (E) in paragraph (4), as so redesignated, by redesignating + clauses (i) and (ii) as subparagraphs (A) and (B), + respectively. + (3) Conforming internal redesignations in new 3703(b).-- + Subsection (b) of such section 3703, as so transferred and + redesignated by paragraph (1), is amended-- + (A) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; + (B) in the matter preceding paragraph (1), as so + redesignated-- + (i) by striking ``paragraph (1)(A) or (1)(B)'' and + inserting ``paragraph (1) or (2) of subsection (a)''; and + (ii) by striking ``subsection (a)'' and inserting + ``section 3702 of this title''; and + (C) in paragraph (1), as so redesignated, by striking + ``paragraph (1)(A) or (1)(B)'' and inserting ``paragraph (1) or + (2) of subsection (a)''. + (4) Conforming internal redesignations in new 3703(c).-- + Subsection (c) of such section 3703, as so transferred and + redesignated by paragraph (1), is amended-- + (A) by redesignating subparagraphs (A), (B), and (C) as + paragraphs (1), (2), and (3), respectively; + (B) in paragraph (1), as so redesignated-- + (i) by striking ``paragraph (1)(B)'' and inserting + ``subsection (a)(2)''; + (ii) by striking ``subsection (a)(1)(A)(i)'' and + inserting ``section 3702(a)(1)(A) of this title''; and + (iii) by striking ``subsection (a)(7)'' and inserting + ``section 3702(g) of this title''; + (C) in paragraph (2), as so redesignated, by striking + ``this paragraph'' and inserting ``this subsection''; and + (D) in paragraph (3), as so redesignated-- + (i) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; + (ii) in the matter preceding subparagraph (A), as so + redesignated, by striking ``subparagraph (A)'' and + inserting ``paragraph (1)''; and + (ii) in subparagraph (A), as so redesignated, by + striking ``subparagraph (A) or (C) of paragraph (1)'' and + inserting ``paragraph (1) or (3) of subsection (a)''. + (5) Conforming internal redesignations in new 3703(d).-- + Subsection (d) of such section 3703, as so transferred and + redesignated by paragraph (1), is amended-- + (A) by redesignating subparagraphs (A), (B), and (C) as + paragraphs (1), (2), and (3), respectively; + (B) in paragraph (1), as so redesignated, by striking + ``paragraph (1)(B)'' and inserting ``subsection (a)(2)''; + (C) in paragraph (2), as so redesignated, by striking + ``subparagraph (A)'' and inserting ``paragraph (1)''; and + (D) in paragraph (3), as so redesignated-- + (i) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; and + (ii) in the matter preceding subparagraph (A), as so + redesignated, by striking ``subparagraph (B)'' and + inserting ``paragraph (2)''. + (6) Conforming internal redesignations in new 3703(f).-- + Subsection (f) of such section 3703, as so transferred and + redesignated by paragraph (1), is amended-- + (A) by striking ``subsection (a)'' and inserting ``section + 3702 of this title''; and + (B) by striking ``paragraph (1)(A)'' and inserting + ``subsection (a)(1)''. + (e) Transfer of Subsection (c) of Section 2306a.-- + (1) Transfer.--Subsection (c) of section 2306a of title 10, + United States Code, is transferred to section 3704 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1), (2), and (3) as + subsections (a), (b), and (c), respectively, and realigning + those subsections flush to the left margin. + (2) Conforming internal redesignations in new 3704(a).-- + Subsection (a) of such section 3704, as so transferred and + redesignated, is amended-- + (A) by striking ``paragraph (2)'' and inserting + ``subsection (b)''; + (B) by striking ``subsection (a)'' and inserting ``section + 3702 of this title''; and + (C) by striking ``under this subsection'' and inserting + ``under this section''. + (3) Conforming internal redesignations in new 3704(b).-- + Subsection (b) of such section 3704, as so transferred and + redesignated, is amended-- + (A) by striking ``under this paragraph'' and inserting + ``under this subsection''; and + (B) by striking ``subparagraph (A) or (B) of subsection + (b)(1)'' and inserting ``paragraph (1) or (2) of section + 3703(a) of this title''. + (4) Conforming internal redesignations in new 3704(c).-- + Subsection (c) of such section 3704, as so transferred and + redesignated, is amended by striking ``under this paragraph'' and + inserting ``under this subsection''. + (f) Transfer of Subsection (d) of Section 2306a.-- + (1) Transfer.--Subsection (d) of section 2306a of title 10, + United States Code, is transferred to section 3705 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1), (2), and (3) as + subsections (a), (b), and (c), respectively, and realigning + those subsections flush to the left margin. + (2) Conforming internal redesignations in new 3705(a).-- + Subsection (a) of such section 3705, as so transferred and + redesignated, is amended-- + (A) by striking ``under this section'' and inserting + ``under this chapter''; and + (A) by striking ``subsection (b)(1)(A)'' and inserting + ``section 3703(a)(1) of this title''. + (3) Conforming internal redesignations in new 3705(b).-- + Subsection (b) of such section 3705, as so transferred and + redesignated, is amended-- + (A) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; + (B) in paragraph (1), as so redesignated-- + (i) by redesignating clauses (i) through (vi) as + subparagraphs (A) through (F), respectively; and + (ii) in the matter preceding subparagraph (A), as so + redesignated, by striking ``paragraph (1)'' and inserting + ``subsection (a)''; and + (C) in paragraph (2), as so redesignated-- + (i) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; and + (ii) in subparagraph (A), as so redesignated, by + striking ``subparagraph (A)'' and inserting ``paragraph + (1)''. + (4) Conforming internal redesignations in new 3705(c).-- + Subsection (c) of such section 3705, as so transferred and + redesignated, is amended-- + (A) by redesignating subparagraphs (A), (B), and (C) as + paragraphs (1), (2), and (3), respectively; and + (B) in the matter preceding paragraph (1), as so + redesignated, by striking ``under paragraph (1)'' and inserting + ``under subsection (a)''. + (g) Transfer of Subsection (e) of Section 2306a.-- + (1) Transfer.--Subsection (e) of section 2306a of title 10, + United States Code, is transferred to section 3706 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1), (2), (3), and (4) as + subsections (a), (b), (c), and (d), respectively. + (2) Conforming internal redesignations in new 3706(a).-- + Subsection (a) of such section 3706, as so transferred and + redesignated, is amended-- + (A) by striking ``(A) A prime contract'' and inserting + ``Provision Requiring Adjustment.-- + ``(1) In general.--A prime contract''; + (B) by striking ``subsection (a)(2)'' and inserting + ``section 3702(b) of this title''; + (C) by redesignating subparagraph (B) as paragraph (2); + (D) by inserting ``What constitutes defective cost or + pricing data.--'' before ``For the purposes''; and + (E) by striking ``of this section'' and inserting ``of this + chapter''. + (3) Conforming internal redesignations in new 3706(b).-- + Subsection (b) of such section 3706, as so transferred and + redesignated, is amended-- + (A) by inserting ``Valid Defense.--'' before ``In + determining for''; and + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''. + (4) Conforming internal redesignations in new 3706(c).-- + Subsection (c) of such section 3706, as so transferred and + redesignated, is amended-- + (A) by inserting ``Invalid Defenses.--'' before ``It is + not''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; + (C) by redesignating subparagraphs (A), (B), (C), and (D) + as paragraphs (1), (2), (3), and (4), respectively; + (D) in paragraph (1), as so redesignated, by redesignating + clauses (i) and (ii) as subparagraphs (A) and (B), + respectively; and + (E) in paragraph (4), as so redesignated, by striking + ``subsection (a)(2)'' and inserting ``section 3702(b) of this + title''. + (5) Conforming internal redesignations in new 3706(d).-- + Subsection (d) of such section 3706, as so transferred and + redesignated, is amended-- + (A) by striking ``(A) A contractor shall'' and inserting + ``Offsets.-- + ``(1) When allowed.--A contractor shall''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; + (C) by redesignating subparagraph (B) as paragraph (2); + (D) in paragraph (1), as designated by subparagraph (A), by + redesignating clauses (i) and (ii) as subparagraphs (A) and + (B), respectively; + (E) in subparagraph (B), as so redesignated by subparagraph + (D)-- + (i) by striking ``paragraph (1)(B)'' and inserting + ``subsection (a)(2)''; and + (ii) by striking ``subsection (a)(3)'' and inserting + ``section 3702(c) of this title''; and + (F) in paragraph (2), as redesignated by subparagraph (C)-- + (i) by striking ``subparagraph (A)'' and inserting + ``paragraph (1)''; + (ii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; + (iii) in subparagraph (A), as so redesignated, by + striking ``subsection (a)(2)'' and inserting ``section + 3702(b) of this title''; and + (iv) in subparagraph (B), as so redesignated-- + + (I) by striking ``subparagraph (A)(ii)'' and + inserting ``paragraph (1)(B)''; and + (II) by striking ``paragraph (1)(B)'' and inserting + ``subsection (a)(2)''. + + (h) Transfer of Subsection (f) of Section 2306a.-- + (1) Transfer.--Subsection (f) of section 2306a of title 10, + United States Code, is transferred to section 3707 of such title, + as added by subsection (a), inserted after the section heading, + redesignated as subsection (a), and amended by redesignating + paragraph (2) as subsection (b). + (2) Conforming internal redesignations in new 3707(a).-- + Subsection (a) of such section 3706, as so transferred and + redesignated, is amended-- + (A) by striking ``Interest and Penalties for Certain + Overpayments.--(1)'' and inserting ``In General.--'' + (B) by striking ``this section'' and inserting ``this + chapter''; + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; and + (D) in paragraph (1), as so redesignated, by redesignating + clauses (i) and (ii) as subparagraphs (A) and (B), + respectively. + (3) Conforming internal redesignations in new 3707(b).-- + Subsection (b) of such section 3706, as so transferred and + redesignated, is amended-- + (A) by inserting ``Liability Not Affected by Refusal to + Submit Certification.--'' before ``Any liability''; + (B) by striking ``this subsection'' and inserting ``this + section''; and + (C) by striking ``subsection (a)(2)'' and inserting + ``section 3702(b) of this title''. + (i) Transfer of Subsection (g) of Section 2306a.--Subsection (g) of +section 2306a of title 10, United States Code, is transferred to +section 3708 of such title, as added by subsection (a), inserted after +the section heading, and amended-- + (1) by striking the subsection redesignation and subsection + heading; + (2) by striking ``this section'' and inserting ``this + chapter''; and + (3) by striking ``section 2313(a)(2)'' and inserting ``section + 3841(b)(2)''. + (j) Conforming Cross-reference Amendments.-- + (1) Section 1608(b) of the National Defense Authorization Act + for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2273 note) is + amended by striking ``section 2306a'' and inserting ``chapter + 271''. + (2) Section 866(b)(4) of the Ike Skelton National Defense + Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 + U.S.C. 2302 note) is amended-- + (A) in subparagraph (A), by striking ``section 2306a'' and + inserting ``chapter 271''; and + (B) in subparagraph (B), by striking ``section 2306a(d)'' + and inserting ``section 3705''. + (3) Section 2343 of title 10, United States Code, is amended by + striking ``2306a, and 2313'' and inserting ``3701-3708, and 3841''. + (4) Section 2379(c)(1) of title 10, United States Code, is + amended by striking ``section 2306a'' and inserting ``sections + 3701-3708''. + (5) Section 2380(b)(2)(B)(i) of title 10, United States Code, + is amended by striking ``section 2306a(b)(4)(B)'' and inserting + ``section 3703(d)(2)''. + (6) Section 9511a(d) of title 10, United States Code, is + amended by striking ``section 2306a'' and inserting ``chapter + 271''. + (7) Section 890(a)(2) of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 + U.S.C. 2306a note) is amended by striking ``section 2306a'' and + inserting ``of chapter 271''. + (k) Chapter for Additional Cost or Pricing Provisions.--Such Part V +is further amended by inserting after chapter 271, as added by +subsection (a), the following new chapter: + + ``CHAPTER 272--OTHER PROVISIONS RELATING TO COST OR PRICING DATA + +``Sec. +``3721. Evaluating the reasonableness of price: guidance and training. +``3722. Grants of exceptions to cost or pricing data certification + requirements and waivers of cost accounting standards. +``3723. Streamlining awards for innovative technology projects: pilot + program. +``3724. Risk-based contracting for smaller contract actions under Truth + in Negotiations Act: pilot program. +``Sec. 3721. Evaluating the reasonableness of price: guidance and + training + ``[Reserved]. +``Sec. 3722. Grants of exceptions to cost or pricing data certification + requirements and waivers of cost accounting standards + ``[Reserved]. +``Sec. 3723. Streamlining awards for innovative technology projects: + pilot program + ``[Reserved]. +``Sec. 3724. Risk-based contracting for smaller contract actions under + truth in negotiations act: pilot program + ``[Reserved].''. + (l) Tables of Chapters Amendments.--The tables of chapters at the +beginning of subtitle A, and at the beginning of part V of subtitle A +(as added by section 801 of Public Law 115-232), of title 10, United +States Code, are amended by striking the item relating to chapter 271 +and inserting the following: + +``271. Truthful Cost or Pricing Data (Truth in Negotiations)...... 3701 + +``272. Other Provisions Relating to Cost or Pricing Data.........3721''. + +SEC. 1832. ALLOWABLE COSTS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 273 and inserting the following:''. + + ``CHAPTER 273--ALLOWABLE COSTS + +``Subchapter Sec. +``I. General...................................................... 3741 + +``II. Other Allowable Cost Provisions............................. 3761 + + ``SUBCHAPTER I--GENERAL + +``Sec. +``3741. Definitions. +``3742. Adjustment of threshold amount of covered contract. +``3743. Effect of submission of unallowable costs. +``3744. Specific costs not allowable. +``3745. Required regulations. +``3746. Applicability of regulations to subcontractors. +``3747. Contractor certification. +``3748. Penalties for submission of cost known as not allowable. +``3749. Burden of proof on contractor. +``3750. Proceeding costs not allowable. + +``Sec. 3741. Definitions + ``In this subchapter: +``Sec. 3742. Adjustment of threshold amount of covered contract +``Sec. 3743. Effect of submission of unallowable costs +``Sec. 3744. Specific costs not allowable +``Sec. 3745. Required regulations +``Sec. 3746. Applicability of regulations to subcontractors +``Sec. 3747. Contractor certification +``Sec. 3748. Penalties for submission of cost known as not allowable +``Sec. 3749. Burden of proof on contractor +``Sec. 3750. Proceeding costs not allowable''. + (b) Transfer of Definition Paragraphs From Subsection (l) of +Section 2324.-- + (1) Paragraph (4) of section 2324(l) of title 10, United States + Code, is transferred to section 3741 of such title, as added by + subsection (a), inserted at the end, redesignated as paragraph (1), + and amended by inserting ``Compensation.--'' before ``The term''. + (2) Subparagraph (A) of paragraph (1) of such section 2324(l) + is transferred to section 3741 of such title, as added by + subsection (a), inserted after paragraph (1), as transferred and + redesignated by paragraph (1), redesignated as paragraph (2), and + amended by inserting ``Covered contract.--'' before ``The term''. + (3)(A) Paragraphs (6), (2), and (3) of such section 2324(l) are + transferred to section 3741 of such title, as added by subsection + (a), inserted (in that order) after paragraph (2), as transferred + and redesignated by paragraph (2), and redesignated as paragraphs + (3), (4), and (5), respectively. + (B) The paragraphs transferred and redesignated by subparagraph + (A) are amended-- + (i) by inserting ``Fiscal year.--'' before ``The term'' in + paragraph (3), as so redesignated; + (ii) by inserting ``Head of the agency.--'' before ``The + term'' in paragraph (4), as so redesignated; and + (iii) by inserting ``Agency.--'' before ``The term'' in + paragraph (5), as so redesignated. + (4) Subparagraph (B) of paragraph (1) of such section 2324(l) + is transferred to section 3742 of such title, as added by + subsection (a), inserted after the section heading, and amended-- + (A) by realigning the text 2 ems to the left; + (B) by striking the subparagraph designation; and + (C) by striking ``subparagraph (A)'' and inserting + ``section 3741(2) of this title''. + (c) Transfer of Subsections (a)-(d) of Section 2324.-- + (1) Transfer.--Subsections (a), (b), (c), and (d) of section + 2324 of title 10, United States Code, are transferred to section + 3743 of such title, as added by subsection (a), and inserted after + the section heading. + (2) Amendments to new 3743(b).--Such subsection (b) is + amended-- + (A) by striking ``Principle.--(1) If the'' and inserting + ``Principle.-- + ``(1) If the''; and + (B) by realigning paragraph (2) 2 ems to the right and + inserting ``Cost determined to be unallowable before proposal + submitted.--'' before ``If the''. + (d) Transfer of Subsection (e) of Section 2324.-- + (1) Transfer.--Subsection (e) of section 2324 of title 10, + United States Code, is transferred to section 3744 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; + (B) by redesignating paragraphs (1), (2), (3), and (4) as + subsections (a), (d), (b), and (c), respectively; and + (C) by transferring subsection (d), as so redesignated, to + the end of such section, after subsection (c), as so + redesignated. + (2) Amendments to new 3744(a).--Subsection (a) of such section, + as so redesignated, is amended-- + (A) by inserting ``Specific Costs.--'' before ``The + following costs''; + (B) by redesignating subparagraphs (A) through (Q) as + paragraphs (1) through (17), respectively (including + redesignating both subparagraphs (P) as paragraph (16)); + (C) in paragraph (15), as so redesignated, by striking + ``subsection (k)'' and inserting ``section 3750 of this + title''; and + (D) in paragraph (17), as so redesignated, by striking + ``subsection (k)(2)'' and inserting ``section 3750(c) of this + title''. + (3) Amendments to new 3744(b).--Subsection (b) of such section, + as so redesignated, is amended-- + (A) by striking ``(A) Pursuant to'' and inserting ``Waiver + of Severance Pay Restrictions for Foreign Nationals.-- + ``(1) Head of an agency determination.--Pursuant to''; + (B) by redesignating subparagraphs (B) and (C) as + paragraphs (2) and (3), respectively; + (C) in paragraph (1), as designated by subparagraph (A)-- + (i) by striking ``paragraph (2)'' and inserting + ``subsection (d)''; + (ii) by striking ``paragraphs (1)(M) and (1)(N)'' and + inserting ``subsections (a)(13) and (a)(14)''; and + (iii) by redesignating clauses (i), (ii), and (iii) as + subparagraphs (A), (B), and (C), respectively; + (D) in paragraph (2), as so redesignated by subparagraph + (B)-- + (i) by realigning that paragraph 2 ems to the right; + (ii) by inserting ``Solicitation to include statement + about waiver.--'' before ``The head of''; + (iii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; and + (iv) in subparagraph (A), as so redesignated, by + striking ``subparagraph (A)'' and inserting ``paragraph + (1)''; and + (E) in paragraph (3), as so redesignated by subparagraph + (B)-- + (i) by realigning that paragraph 2 ems to the right; + (ii) by inserting ``Determination to be made before + contract awarded.--'' before ``The head of''; and + (iii) by striking ``subparagraph (A)'' and inserting + ``paragraph (1)''. + (4) Amendments to new 3744(c).--Subsection (c) of such section, + as so redesignated, is amended-- + (A) by inserting ``Establishment of Definitions, + Exclusions, Limitations, and Qualifications.--'' before ``The + provisions of''; and + (B) by striking ``this section'' and inserting ``this + subchapter''. + (5) Amendments to new 3744(d).--Subsection (d) of such section, + as so redesignated and transferred, is amended-- + (A) by striking ``(A) The Secretary'' and inserting + ``Specific Costs Under Military Banking Contracts Relating to + Foreign Nationals.-- + ``(1) Authority.--The Secretary''; + (B) by redesignating subparagraphs (B) and (C) as + paragraphs (2) and (3), respectively, and realigning those + paragraph 2 ems to the right; + (C) in paragraph (1), as designated by subparagraph (A), by + striking ``paragraphs (1)(M) and (1)(N)'' and inserting + ``subsections (a)(13) and (a)(14)''; + (D) in paragraph (2), as so redesignated by subparagraph + (B)-- + (i) by inserting ``Definitions.--'' before ``In''; + (ii) by striking ``subparagraph (A)'' and inserting + ``paragraph (1)''; + (iii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; + (iv) in subparagraph (A), as so redesignated, by + inserting ``Military banking contract.--'' before ``The + term''; and + (v) in subparagraph (B), as so redesignated, by + inserting ``Mandated foreign national severance pay.--'' + before ``The term''; and + (E) in paragraph (3), as so redesignated by subparagraph + (B)-- + (i) by inserting ``Exception for foreign-owned + financial institutions.--'' after the paragraph + designation; and + (ii) by striking ``Subparagraph (A)'' and inserting + ``Paragraph (1)''. + (e) Transfer of Subsection (f) of Section 2324.-- + (1) Transfer.--Subsection (f) of section 2324 of title 10, + United States Code, is transferred to section 3745 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; + (B) by redesignating paragraph (1) as subsection (a); + (C) by designating the third sentence of such subsection as + subsection (b); + (D) by redesignating paragraph (2) as subsection (c); and + (E) by redesignating paragraphs (3) and (4) as paragraphs + (2) and (3), respectively, and realigning those paragraphs 2 + ems to the right. + (2) Amendment to new 3745(a).--Subsection (a) of such section, + as so redesignated, is amended by inserting ``In General.--'' + before ``The Federal''. + (3) Amendments to new 3745(b).--Subsection (b) of such section, + as so designated by paragraph (1)(C), is amended-- + (A) by inserting ``Specific Items.--'' before ``The + regulations''; and + (B) by redesignating subparagraphs (A) through (Q) as + paragraphs (1) through (17), respectively. + (4) Amendments to new 3745(c).--Subsection (c) of such section, + as so redesignated by paragraph (1)(D), is amended-- + (A) by striking ``The Federal'' and inserting ``Additional + Requirements.-- + ``(1) When questioned costs may be resolved.--The Federal''; + (B) in paragraph (2), as so redesignated by paragraph + (1)(E), by inserting ``Presence of contract auditor.--'' before + ``The Federal''; and + (C) in paragraph (3), as so redesignated by paragraph + (1)(E), by inserting ``Settlement to reflect amount of + individual questioned costs.--'' before ``The Federal''. + (e) Transfer of Subsection (g) of Section 2324.--Subsection (g) of +section 2324 of title 10, United States Code, is transferred to section +3746 of such title, as added by subsection (a), inserted after the +section heading, and amended-- + (1) by striking the subsection designation and subsection + heading; and + (2) by striking ``subsections (e) and (f)(1)'' and inserting + ``sections 3744 and 3745(a) and (b) of this title''. + (f) Transfer of Subsection (h) of Section 2324.-- + (1) Transfer.--Subsection (h) of section 2324 of title 10, + United States Code, is transferred to section 3747 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1) and (2) as subsections + (a) and (b), respectively. + (2) Amendment to new 3747(a).--Subsection (a) of such section, + as so redesignated, is amended by inserting ``Content and Form.--'' + before ``A proposal''. + (3) Amendments to new 3747(b).--Subsection (b) of such section, + as so redesignated, is amended-- + (A) by inserting ``Waiver.--'' before ``The head''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; and + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively. + (g) Transfer of Subsection (i) of Section 2324.--Subsection (i) of +section 2324 of title 10, United States Code, is transferred to section +3748 of such title, as added by subsection (a), inserted after the +section heading, and amended by striking the subsection designation and +subsection heading. + (h) Transfer of Subsection (j) of Section 2324.--Subsection (j) of +section 2324 of title 10, United States Code, is transferred to section +3749 of such title, as added by subsection (a), inserted after the +section heading, and amended by striking the subsection designation and +subsection heading. + (i) Transfer of Subsection (k) of Section 2324.-- + (1) Transfer of paragraph (6) of 2324(k).-- + (A) Transfer.--Paragraph (6) of Subsection (k) of section + 2324 of title 10, United States Code, is transferred to section + 3750 of such title, as added by subsection (a), inserted after + the section heading, redesignated as subsection (a), and + amended by striking ``In this subsection'' and inserting + ``Definitions.--In this section''. + (B) Redesignation of subparagraphs.--Such subsection (a), + as so transferred and redesignated, is further amended by + redesignating subparagraphs (A), (B), and (C) as paragraphs + (3), (1), and (2), respectively, and transferring paragraph + (3), as so redesignated to the end of such subsection so as to + appear after paragraph (2), as so redesignated. + (C) Amendments to new 3750(a)(1).--Paragraph (1) of such + subsection, as so redesignated, is amended-- + (i) by inserting ``Costs.--'' before ``The term''; + (ii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; and + (iii) in subparagraph (B), as so redesignated, by + redesignating subclauses (I), (II), (III), and (IV) as + clauses (i), (ii), (iii), and (iv), respectively. + (D) Amendment to new 3750(a)(2).--Paragraph (2) of such + subsection, as so redesignated, is amended by inserting + ``Penalty.--'' before ``The term''. + (E) Amendment to new 3750(a)(3).--Paragraph (3) of such + subsection, as so redesignated and transferred, is amended by + inserting ``Proceedings.--'' before ``The term''. + (2) Transfer of paragraphs (1)-(5) of 2324(k).--Subsection (k) + of section 2324 of title 10, United States Code (other than the + portion transferred by paragraph (1)), is transferred to section + 3750 of such title, as added by subsection (a), inserted after + subsection (a), as transferred and redesignated by paragraph (1), + and amended by striking the subsection designation and heading and + by redesignating paragraphs (1), (2), (3), (4), and (5) as + subsections (b), (c), (d), (e), and (f), respectively. + (3) Amendments to new 3750(b).--Subsection (b) of such section, + as so transferred and redesignated, is amended-- + (A) by inserting ``In General.--'' before ``Except as''; + (B) by striking ``this subsection'' and inserting ``this + section''; + (C) by striking ``section 2409'' and inserting ``section + 4701''; + (D) by striking ``if the proceeding (A) relates to'' and + inserting ``if the proceeding-- + ``(1) relates to''; + (E) by striking ``in subparagraphs (A) through (C) of + section 2409(a)(1)'' and inserting ``in section 4701(a)(1)''; + (F) by striking ``this title, and (B) results in'' and + inserting ``this title; and + ``(2) results in''; and + (G) by striking ``paragraph (2)'' and inserting + ``subsection (c)''. + (4) Amendments to new 3750(c).--Subsection (c) of such section, + as so transferred and redesignated, is amended-- + (A) by inserting ``Covered Dispositions.--'' before ``A + disposition''; + (B) by striking ``paragraph (1)(B)'' and inserting + ``subsection (b)(2)''; + (C) by striking ``paragraph (1)'' each place it appears and + inserting ``subsection (b)''; + (D) by redesignating subparagraphs (A), (B), (C), (D), and + (E) as paragraphs (1), (2), (3), (4), and (5), respectively; + (E) in paragraph (3), as so redesignated, by striking + ``section 2409'' and inserting ``section 4701''; + (F) in paragraph (4), as so redesignated, by redesignating + clauses (i), (ii), and (iii) as subparagraphs (A), (B), and + (C), respectively; and + (G) in paragraph (5), as so redesignated, by striking + ``subparagraph (A), (B), (C), or (D)'' and inserting + ``paragraphs (1), (2), (3), or (4)''. + (5) Amendments to new 3750(d).--Subsection (d) of such section, + as so transferred and redesignated, is amended-- + (A) by inserting ``Costs Allowed by Settlement Agreement in + Proceeding Commenced by United States.--'' before ``In the case + of''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (b)''; and + (C) by striking ``such paragraph'' and inserting ``such + subsection''. + (6) Amendments to new 3750(e).--Subsection (e) of such section, + as so transferred and redesignated, is amended-- + (A) By inserting ``Costs Specifically Authorized in + Proceeding Commenced by State.--'' before ``In the case of''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (b)''; and + (C) by striking ``(A)'' and ``(B)'' and inserting ``(1)'' + and ``(2)'', respectively. + (7) Amendments to new 3750(f).--Subsection (f) of such section, + as so transferred and redesignated, is amended-- + (A) by striking ``(A) Except as provided in'' and inserting + ``Other Allowable Costs.-- + ``(1) In general.--Except as provided in''; + (B) by redesignating subparagraphs (B) and (C) as + paragraphs (2) and (3), respectively, and realigning those + paragraphs 2 ems to the right; + (C) in paragraph (1), as designated by subparagraph (A)-- + (i) by striking ``subparagraph (C)'' and inserting + ``paragraph (3)''; + (ii) by striking ``paragraph (1)'' and inserting + ``subsection (b)''; and + (iii) by striking ``subparagraph (B)'' and inserting + ``paragraph (2)''; + (D) in paragraph (2), as redesignated by subparagraph (B)-- + (i) by striking ``(i) The amount of'' and inserting + ``Amount of Allowable Costs.-- + ``(A) Maximum amount allowed.--The amount of''; + (ii) by redesignating clause (ii) as subparagraph (B); + (iii) in subparagraph (A), as designated by clause (i), + by striking ``subparagraph (A)'' and inserting ``paragraph + (1)''; and + (iv) in subparagraph (B), as redesignated by clause + (ii)-- + + (I) by inserting ``Content of regulations.--'' + before ``Regulations issued''; + (II) by striking ``clause (i)'' and inserting + ``subparagraph (A)''; + (III) by striking ``consideration of the complexity + of'' and inserting ``consideration of-- + + ``(i) the complexity of''; + + (IV) by striking ``procurement litigation, + generally accepted'' and inserting ``procurement + litigation; + + ``(ii) generally accepted''; and + (E) by striking ``as a party and such other'' and inserting + ``as a party; and + ``(iii) such other''; and + (F) in paragraph (3), as redesignated by subparagraph (B)-- + (i) by inserting ``When otherwise allowable costs are + not allowable.--'' before ``In the case of''; + (ii) by striking ``subparagraph (A)'' and inserting + ``paragraph (1)''; + (iii) by striking ``under this paragraph'' and + inserting ``under this subsection''; + (iv) by striking ``not allowable if (i) such + proceeding'' and inserting ``not allowable if-- + ``(A) such proceeding''; and + (v) by striking ``proceeding, and (ii) the costs'' and + inserting ``proceeding; and + ``(B) the costs''. + (j) Additional Allowable Cost Provisions.-- + (1) In general.--Chapter 273 of title 10, United States Code, + as added by subsection (a), is amended by adding at the end the + following new subchapter: + + ``Subchapter II--Other Allowable Cost Provisions + +``Sec. +``3761. Restructuring costs. +``3762. Independent research and development costs: allowable costs. +``3763. Bid and proposal costs: allowable costs. +``3764. Excessive pass-through charges. +``3765. Institutions of higher education: reimbursement of indirect + costs under Department of Defense contracts.''. + + (2) Transfer of sections on restructuring costs, allowability + of independent research and development costs, and allowability of + bid and proposal costs.--Sections 2325, 2372, and 2372a of title + 10, United States Code, are transferred to subchapter II of chapter + 273 of such title, as added by paragraph (1), inserted (in that + order) after the table of sections, and redesignated as sections + 3761, 3762, and 3763, respectively. + (3) Amendments to new 3761.--Section 3761 of title 10, United + States Code, as so transferred and redesignated, is amended-- + (A) by redesignating subsection (b) as subsection (c); + (B) in subsection (a)-- + (i) by striking ``(1)'' before ``The Secretary''; and + (ii) by striking ``section 2324 of this title'' and + inserting ``subchapter I'': + (C) by redesignating paragraph (2) as subsection (b); + (D) in subsection (b), as so redesignated-- + (i) by inserting ``Limitation on Delegation.--'' before + ``The Secretary may not''; and + (ii) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; and + (E) in each of such subsections (a) and (b), by + redesignating subparagraphs (A) and (B) as paragraphs (1) and + (2), respectively. + (4) Amendments to new 3763.--Section 3763 of such title, as so + transferred and redesignated by paragraph (2), is amended by + striking ``section 2324(l)'' in subsection (b) and inserting + ``section 3741''. +SEC. 1833. PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA. + (a) New Chapter.-- + (1) In general.--Part V of subtitle A of title 10, United + States Code, as added by section 801 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232), is amended by striking chapter 275 and inserting the + following: + +``CHAPTER 275--PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA + +``Subchapter Sec. +``I. Rights in Technical Data..................................... 3771 + +``II. Validation of Proprietary Data Restrictions................. 3781 + +``III. Other Provisions Relating to Proprietary Contractor Data +and Rights in Technical Data...................................... 3791 + + ``SUBCHAPTER I--RIGHTS IN TECHNICAL DATA + +``Sec. +``3771. Rights in technical data: regulations. +``3772. Rights in technical data: provisions required in contracts. +``3773. Domestic business concerns: programs for replenishment parts. +``3774. Major weapon systems and subsystems: long-term technical data + needs. +``3775. Definitions. + +``Sec. 3771. Rights in technical data: regulations +``Sec. 3772. Rights in technical data: provisions required in contracts +``Sec. 3773. Domestic business concerns: programs for replenishment + parts +``Sec. 3774. Major weapon systems and subsystems: long-term technical + data needs +``Sec. 3775. Definitions''. + (2) Tables of chapters amendments.--The tables of chapters at + the beginning of subtitle A, and at the beginning of part V of + subtitle A, of title 10, United States Code, are amended by + striking the item relating to chapter 275 and inserting the + following new item: + +``275. Proprietary Contractor Data and Rights in Technical Data..3771''. + + (b) Transfer of Subsection (a) of Section 2320.-- + (1) Transfer.--Subsection (a) of section 2320 of title 10, + United States Code, is transferred to section 3771 of such title, + as added by subsection (a), inserted after the section heading, and + amended by redesignating paragraphs (2) and (3) as subsections (b) + and (c), respectively. + (2) Internal redesignations and insertion of headings in new + 3771(a).--Subsection (a) of such section, as so transferred and + amended, is amended-- + (A) by striking ``(1) The Secretary of'' and inserting + ``Regulations Required.-- + ``(1) In general.--The Secretary of''; and + (B) by designating the third sentence as paragraph (2) and + in that paragraph-- + (i) by striking ``Such regulations may not'' and + inserting ``Other rights not impaired.--Regulations + prescribed under paragraph (1) may not''; + (ii) by striking ``impair any right of the'' and + inserting ``impair-- + ``(A) any right of the''; and + (iii) by striking ``by law'' and all that follows + through ``the right of a contractor'' and inserting ``by + law; or + ``(B) the right of a contractor''. + (3) Internal redesignations and insertion of headings in new + 3771(b).--Subsection (b) of such section, as so transferred and + redesignated, is amended-- + (A) by striking ``Such regulations'' and inserting + ``Required Provisions.--Regulations prescribed under subsection + (a)''; + (B) by redesignating subparagraphs (A) through (I) as + paragraphs (1) through (9), respectively; + (C) in paragraph (1), as so redesignated, by redesignating + clauses (i) and (ii) as subparagraphs (A) and (B), + respectively; + (D) in paragraph (2), as so redesignated, by striking + ``subparagraphs (C), (D), and (G)'' and inserting ``paragraphs + (3), (4), and (7)''; + (E) in paragraph (3), as so redesignated-- + (i) by striking ``subparagraph (b).--Subparagraph (B) + does not'' and inserting ``paragraph (2).--Paragraph (2) + does not''; and + (ii) by redesignating clauses (i), (ii), (iii), and + (iv) as subparagraphs (A), (B), (C), and (D), respectively; + (F) in paragraph (4), as so redesignated-- + (i) by striking ``subparagraph (b).--Notwithstanding + subparagraph (B)'' and inserting ``paragraph(2).-- + Notwithstanding paragraph (2)''; + (ii) by redesignating clauses (i), (ii), and (iii) as + subparagraphs (A), (B), and (C), respectively; and + (iii) in subparagraph (A), as so redesignated, by + redesignating subclauses (I), (II), and (III) as clauses + (i), (ii), and (iii), respectively; + (G) in paragraph (5), as so redesignated-- + (i) by striking ``Mixed funding.--Except as provided in + subparagraphs (F) and (G),'' and inserting ``Mixed + funding.-- + ``(A) In general.--Except as provided in paragraphs (6) and + (7),''; and + (ii) by designating the second sentence as subparagraph + (B), realigning that subparagraph 2 ems to the right, and + inserting ``Factors to be considered.--'' before ``The + establishment of''; + (H) in paragraph (6), as so redesignated, by striking + ``subparagraph (E)'' and inserting ``paragraph (5)''; + (I) in paragraph (7), as so redesignated-- + (i) by striking ``Mixed funding.--Notwithstanding + subparagraphs (B) and (E)'' and inserting ``Mixed + funding.-- + ``(A) Notwithstanding paragraphs (2) and (5)''; + (ii) by striking ``section 2446a'' and inserting + ``section 4401''; and + (iii) by designating the second and third sentences as + subparagraphs (B) and (C), respectively; + (J) in paragraph (8), as so redesignated-- + (i) by inserting ``Limitations on requirements related + to contractor or subcontractor rights in technical data.-- + '' before ``A contractor or subcontractor''; + (ii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively; + (iii) in subparagraph (A), as so redesignated, by + redesignating subclauses (I), (II), and (III) as clauses + (i), (ii), and (iii), respectively; + (iv) in clause (i), as so redesignated, by striking + ``subparagraph (A)'' and inserting ``paragraph (1)''; + (v) in clause (ii), as so redesignated, by striking + ``subparagraph (C)'' and inserting ``paragraph (3)''; + (vi) in clause (iii), as so redesignated, by striking + ``subparagraph (D)'' and inserting ``paragraph (4)''; and + (vii) in subparagraph (B), as so redesignated, by + striking ``subparagraph (B)'' and inserting ``paragraph + (2)''; and + (K) in paragraph (9), as so redesignated-- + (i) by inserting ``Actions authorized if necessary to + develop alternative sources of supply and manufacture.--'' + before ``The Secretary of Defense''; + (ii) by redesignating clauses (i), (ii), and (ii) as + subparagraphs (A), (B), and (C), respectively; + (iii) in subparagraph (A), as so redesignated, by + striking ``subparagraph (C) or (D)'' and inserting + ``paragraph (3) or (4)''; and + (iv) in subparagraph (B), as so redesignated, by + striking ``this section'' and inserting ``this + subchapter''. + (4) Internal redesignations and insertion of headings in new + 3771(c).--Subsection (c) of such section, as so transferred and + redesignated, is amended-- + (A) by inserting ``Secretary of Defense to Define Terms.-- + '' before ``The Secretary of''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; + (C) by striking ``the Secretary shall specify'' and + inserting ``the Secretary-- + ``(1) shall specify''; + (D) by striking ``treated and shall specify'' and inserting + ``treated; and + ``(2) shall specify''; and + (E) by striking ``this paragraph'' and inserting ``this + subsection''. + (c) Transfer of Subsections (b) and (c) of Section 2320.-- + (1) Transfer.--Subsections (b) and (c) of section 2320 of title + 10, United States Code, are transferred to section 3772 of such + title, as added by subsection (a), inserted after the section + heading, and redesignated as subsections (a) and (b), respectively. + (2) Internal redesignations and insertion of headings in new + 3772(a).--Subsection (a) of such section, as so transferred and + redesignated, is amended-- + (A) by inserting ``Contract Provisions Relating to + Technical Data.--'' before ``Regulations prescribed under''; + (B) by striking ``subsection (a)'' and inserting ``section + 3771 of this title''; + (C) by striking ``section 2303'' and inserting ``section + 3063''; + (D) in paragraph (1), by striking ``section 2321(f)'' and + inserting ``section 3784''; + (E) in paragraph (6)-- + (i) by striking ``the contractor to revise'' and + inserting ``the contractor-- + ``(A) to revise''; and + (ii) by striking ``the contract and to deliver'' and + inserting ``the contract; and + ``(B) to deliver''; + (F) in paragraph (7)-- + (i) by striking ``is found to be'' and inserting ``is + found-- + ``(A) to be''; and + (ii) by striking ``or inadequate or to not'' and + inserting ``or inadequate; or + ``(B) to not''; + (G) in paragraph (9)(B)(ii), by striking ``subparagraphs + (D)(i)(II), (F), and (G) of subsection (a)(2)'' and inserting + ``paragraphs (4)(A)(ii), (6), and (7) of section 3771(b) of + this title''; and + (H) in paragraph (10), by striking ``section 2321(d)'' and + inserting ``section 3782''. + (3) Internal redesignations in new 3772(b).--Subsection (b) of + such section, as so transferred and redesignated, is amended-- + (A) by striking ``in this section or in section 2305(a)'' + and inserting ``in this subchapter or in section 3208''; and + (B) in paragraph (2), by striking ``subsection (a)'' and + inserting ``section 3771 of this title''. + (d) Transfer of Subsection (d) of Section 2320.--Subsection (d) of +section 2320 of title 10, United States Code, is transferred to section +3773 of such title, as added by subsection (a), inserted after the +section heading, and amended-- + (1) by striking the subsection designation; and + (2) by striking ``this subsection'' and inserting ``this + section''. + (e) Transfer of Subsection (e) and (f) of Section 2320.-- + (1) Transfer.--Subsections (e) and (f) of section 2320 of title + 10, United States Code, are transferred to section 3774 of such + title, as added by subsection (a), inserted after the section + heading, and redesigned as subsections (a) and (c), respectively. + (2) Designation of new 3774(b).--The third sentence of + subsection (a) of such section, as so transferred and redesignated, + is designated as subsection (b). + (3) Amendments to new 3774(a).--Subsection (a) of such section, + as so amended, is further amended-- + (A) by striking ``The Secretary of Defense shall require'' + and inserting ``Assessments and Acquisitions Strategies.-- + ``(1) The Secretary of Defense shall require''; + (B) by designating the second sentence as paragraph (2); + (C) in paragraph (1), as designated by subparagraph (A)-- + (i) by striking ``to assess the long-term'' and + inserting ``to-- + ``(A) assess the long-term''; and + (ii) by striking ``systems and subsystems and + establish'' and inserting ``systems and subsystems; and + ``(B) establish''; and + (D) in paragraph (2), as designated by subparagraph (B)-- + (i) by striking ``may include the development'' and + inserting ``may include-- + ``(A) the development''; and + (ii) by striking ``Department of Defense or competition + for'' and inserting ``Department of Defense; or + ``(B) competition for''. + (4) Amendments to new 3774(b).--Subsection (b) of such section, + as designated by paragraph (2), is amended-- + (A) by inserting ``Requirements Relating to Assessments and + Acquisition Strategies.--'' before ``Assessments and + corresponding''; and + (B) by striking ``developed under'' and all that follows + through ``with respect to'' and inserting ``developed under + subsection (a) with respect to''. + (5) Amendments to new 3774(c).--Subsection (c) of such section, + as redesignated by paragraph (1), is amended-- + (A) by striking ``Licenses.--The Secretary'' and inserting + ``Licenses.-- + ``(1) The Secretary''; + (B) by designating the second sentence as paragraph (2); and - (3) identifying any barriers to modeling and underwriting - cybersecurity risks. - (b) Report.--Not later than the expiration of the 180-day period -beginning on the date of the enactment of this Act, the Comptroller -General shall submit a report to the Congress setting forth the -findings and conclusions of the study conducted pursuant to subsection -(a), which shall include recommendations on whether or not Federal -intervention would help facilitate the growth and development of -insurers offering coverage for cybersecurity risks, the availability -and affordability of such coverage, and policyholder education -regarding such coverage. - -SEC. 1710B. REPORT ON RECOGNITION OF AFRICAN AMERICAN SERVICEMEMBERS IN - DEPARTMENT OF DEFENSE NAMING PRACTICES. + (C) in paragraph (2), as so designated, by striking + ``subsection (e)'' and inserting ``subsection (a)''. + (f) Transfer of Subsection (g) and (h) of Section 2320.-- + (1) Transfer.--Subsections (g) and (h) of section 2320 of title + 10, United States Code, are transferred to section 3775 of such + title, as added by subsection (a), inserted after the section + heading, and redesigned as subsections (a) and (b), respectively. + (2) Conforming amendments.-- + (A) Such subsections (a) and (b), as so transferred and + redesignated, are each amended by striking ``In this section,'' + and inserting ``In this subchapter,''. + (B) Such subsection (b) is amended by striking ``section + 2446a'' and inserting ``section 4401''. + (g) New Subchapter.--Chapter 275 of title 10, United States Code, +as added by subsection (a), is amended by adding at the end the +following new subchapter: + + ``SUBCHAPTER II--VALIDATION OF PROPRIETARY DATA RESTRICTIONS + +``Sec. +``3781. Technical data: contractor justification for restrictions; + review of restrictions. +``3782. Technical data: challenges to contractor restrictions. +``3783. Technical data: time for contractors to submit justifications. +``3784. Technical data under contracts for commercial items: presumption + of development exclusively at private expense. +``3785. Technical data: decision by contracting officer; claims; rights + and liability upon final disposition. +``3786. Use or release restriction: definition. + +``Sec. 3781. Technical data: contractor justification for restrictions; + review of restrictions +``Sec. 3782. Technical data: challenges to contractor restrictions +``Sec. 3783. Technical data: time for contractors to submit + justifications +``Sec. 3784. Technical data under contracts for commercial items: + presumption of development exclusively at private expense +``Sec. 3785. Technical data: decision by contracting officer; claims; + rights and liability upon final disposition +``Sec. 3786. Use or release restriction: definition''. + (h) Transfer of Subsections (a), (b), and (c) of Section 2321.-- + (1) Transfer.--Subsections (a), (b), and (c) of section 2321 of + title 10, United States Code, are transferred to section 3781 of + such title, as added by subsection (g), and inserted after the + section heading. + (2) Conforming amendments to new 3781(a).--Subsection (a) of + such section, as so transferred, is amended by striking ``Contracts + Covered by Section.--This section'' and inserting ``Contracts + Covered by Subchapter.--This subchapter''. + (3) Conforming amendments to new 3781(b).--Subsection (b) of + such section, as so transferred, is amended-- + (A) by striking ``this section'' and inserting ``this + subchapter''; and + (B) by striking ``(as defined'' and all that follows + through ``asserted'' and inserting ``(as defined in section + 3786 of this title) asserted''. + (4) Conforming amendments to new 3781(c).--Subsection (c) of + such section, as so transferred, is amended-- + (A) by striking ``Restrictions.--(1) The Secretary'' and + inserting ``Restrictions.-- + ``(1) The Secretary''; + (B) in paragraph (1), by striking ``this section'' and + inserting ``this subchapter''; and + (C) by realigning paragraph (2) 2 ems to the right. + (i) Transfer of Subsection (d) of Section 2321.-- + (1) Transfer.--Subsection (d) of section 2321 of title 10, + United States Code, is transferred to section 3782 of such title, + as added by subsection (g), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1), (2), (3), and (4) as + subsections (a), (b), (c), and (d), respectively. + (2) Conforming amendments to new 3782(a).--Subsection (a) of + such section 3782, as so transferred and redesignated, is amended-- + (A) by inserting ``Challenges by Secretary of Defense.--'' + before ``The Secretary of Defense''; + (B) by striking ``this section'' and inserting ``this + subchapter''; and + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively. + (3) Conforming amendments to new 3782(b).--Subsection (b) of + such section 3782, as so transferred and redesignated, is amended-- + (A) by striking ``(A) A challenge'' and inserting ``Time + Limit for Challenges; Exceptions.-- + ``(1) A challenge''; + (B) by redesignating subparagraph (B) as paragraph (2) and + realigning that paragraph 2 ems to the right; + (C) in paragraph (1), as designated by subparagraph (A)-- + (i) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; + (ii) by striking ``subparagraph (B)'' and inserting + ``paragraph (2)''; and + (iii) by redesignating clauses (i), (ii), (iii), and + (iv) as subparagraphs (A), (B), (C), and (D), respectively; + and + (D) in paragraph (2), as redesignated by subparagraph (B)-- + (i) by striking ``subparagraph (A)'' and inserting + ``paragraph (1)''; and + (ii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively. + (4) Conforming amendments to new 3782(c).--Subsection (c) of + such section 3782, as so transferred and redesignated, is amended-- + (A) by inserting ``Written Notice to Contractor or + Subcontractor.--'' before ``If the Secretary''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; + (C) by redesignating subparagraphs (A), (B), and (C) as + paragraphs (1), (2), and (3), respectively; and + (D) in paragraph (3), as so redesignated, by striking + ``paragraph (4)'' and inserting ``subsection (d)''. + (5) Conforming amendments to new 3782(d).--Subsection (d) of + such section 3782, as so transferred and redesignated, is amended-- + (A) by inserting ``Justification.--'' before ``It is a + justification''; + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; and + (D) in paragraph (1), as so redesignated, by striking + ``this subsection'' and inserting ``this section''. + (j) Transfer of Subsection (e) of Section 2321.-- + (1) Transfer.--Subsection (e) of section 2321 of title 10, + United States Code, is transferred to section 3783 of such title, + as added by subsection (g), inserted after the section heading, and + amended by striking the subsection designation and subsection + heading. + (2) Designation of new subsections (a) and (b).--Such section, + as so transferred and amended, is further amended-- + (A) by designating the first sentence as subsection (a) and + inserting ``Additional Time to Submit Justifications.--'' + before ``If a contractor''; and + (B) by designating the second sentence as subsection (b) + and inserting ``Multiple Challenges; Schedule of Responses.--'' + before ``If a party''. + (k) Transfer of Subsection (f) of Section 2321.--Subsection (f) of +section 2321 of title 10, United States Code, is transferred to section +3784 of such title, as added by subsection (g), inserted after the +section heading, and amended-- + (1) by striking the subsection designation and subsection + heading; and + (2) by striking ``subsection (d)(3)'' and inserting ``section + 3782(c) of this title''. + (l) Transfer of Subsections (g), (h), and (i) of Section 2321.-- + (1) Transfer.--Subsections (g), (h), and (i) of section 2321 of + title 10, United States Code, are transferred to section 3785 of + such title, as added by subsection (g), inserted after the section + heading, and redesignated as subsections (a), (b), and (c), + respectively. + (2) Conforming amendments to new 3785(a).--Subsection (a) of + such section, as so transferred and redesignated, is amended-- + (A) by striking ``subsection (d)(3)'' both places it + appears and inserting ``section 3782(c) of this title''; + (B) by striking ``Officer.--(1) Upon failure'' and + inserting ``Officer.-- + ``(1) Upon failure''; and + (C) by realigning paragraph (2) 2 ems to the right. + (3) Conforming amendments to new 3785(c).--Subsection (c) of + such section 3786, as so transferred and redesignated, is amended-- + (A) by striking ``Disposition.--(1) If, upon final'' and + inserting ``Disposition.-- + ``(1) If, upon final''; and + (B) by realigning paragraph (2) 2 ems to the right. + (m) Transfer of Subsection (j) of Section 2321.--Subsection (j) of +section 2321 of title 10, United States Code, is transferred to section +3786 of such title, as added by subsection (g), inserted after the +section heading, and amended-- + (1) by striking the subsection designation and subsection + heading; and + (2) by striking ``In this section'' and inserting ``In this + subchapter''. + (n) New Subchapter.--Chapter 275 of title 10, United States Code, +as added by subsection (a), is amended by adding after subchapter II, +as added by subsections (g), the following new subchapter: + + ``SUBCHAPTER III--OTHER PROVISIONS RELATING TO PROPRIETARY CONTRACTOR + DATA AND RIGHTS IN TECHNICAL DATA + +``Sec. +``3791. Management of intellectual property matters within the + Department of Defense. +``3792. Technical data rights: non-FAR agreements. +``3793. Copyrights, patents, designs, etc.; acquisition. +``3794. Release of technical data under Freedom of Information Act: + recovery of costs. + +``Sec. 3791. Management of intellectual property matters within the + department of defense + ``(b) Cadre of Intellectual Property Experts.--For a provision +requiring establishment of a cadre of personnel who are experts in +intellectual property matters, see section 1707 of this title.''. + (o) Transfers.-- + (1) Transfer of section 2322(a).--Subsection (a) of section + 2322 of title 10, United States Code, is transferred to section + 3791 of such title, as added by subsection (n), and inserted after + the section heading. + (2) Transfer of sections 2386 and 2328.--Section 2386 and 2328 + of such title are transferred to subchapter III of chapter 275 of + such title, as added by subsection (n), inserted (in that order) + after section 3791, and redesignated as section 3793 and 3794, + respectively. + (p) Cross Reference Amendments.--Section 8687(a) of title 10, +United States Code, is amended by striking ``section 2320'' each place +it appears and inserting ``subchapter I of chapter 275''. +SEC. 1834. CONTRACT FINANCING. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 277 and inserting the following: + + ``CHAPTER 277--CONTRACT FINANCING + +``Sec. +``3801. Authority of agency. +``3802. Payment. +``3803. Security for advance payments. +``3804. Conditions for progress payments. +``3805. Payments for commercial products and commercial services. +``3806. Action in case of fraud. +``3807. Vesting of title in the United States. + +``Sec. 3801. Authority of agency +``Sec. 3802. Payment +``Sec. 3803. Security for advance payments +``Sec. 3804. Conditions for progress payments +``Sec. 3805. Payments for commercial products and commercial services +``Sec. 3806. Action in case of fraud +``Sec. 3807. Vesting of title in the United States''. + (b) Transfer of Subsection (a) of Section 2307.-- + (1) Transfer.--Subsection (a) of section 2307 of title 10, + United States Code, is transferred to section 3801 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking ``(1)'' before ``The head of''; and + (B) by redesignating paragraph (2) as subsection (b). + (2) Conforming amendments to new 3801(a).--Such subsection (a), + as so transferred and amended, is further amended by redesignating + subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. + (3) Conforming amendments to new 3801(b).--Subsection (b) of + such section 3801, as redesignated by paragraph (1)(B), is + amended-- + (A) by striking ``(A) For a prime'' and inserting ``Payment + Dates for Contractors That Are Small Business Concerns.-- + ``(1) Prime contractors.--For a prime''; + (B) by redesignating subparagraph (B) as paragraph (2); and + (C) in paragraph (2), as so redesignated-- + (i) by inserting ``Subcontractors.--'' before ``For a + prime''; and + (ii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively. + (c) Transfer of Subsections (b) and (c) of Section 2307.-- + (1) Transfer.--Subsections (b) and (c) of section 2307 of title + 10, United States Code, are transferred to section 3802 of such + title, as added by subsection (a), inserted after the section + heading, and redesignated as subsections (a) and (d), respectively. + (2) Further internal redesignation amendments to new 3802.-- + Such section 3802, as so amended, is further amended + (A) in subsection (a), by striking ``(1)'' before + ``Whenever possible''; + (B) by redesignating paragraph (2) of subsection (a) as + subsection (b); + (C) by transferring paragraph (3) of such subsection to the + end of the section and redesignating such paragraph as + subsection (e); + (D) by redesignating paragraph (4) of subsection (a) as + subsection (c); and + (E) by redesignating subparagraphs (A), (B), and (C) of + subsection (a) as paragraphs (1), (2), and (3), respectively. + (3) Conforming amendment to new 3802(a).--Subsection (a) of + such section is further amended by striking ``subsection (a)'' and + inserting ``section 3801 of this title''. + (4) Conforming amendments to new 3802(b).--Subsection (b) of + such section, as so redesignated, is amended-- + (A) by inserting ``Basis for performance-based payments.-- + '' before ``Performance-based payments''; and + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''. + (5) Conforming amendments to new 3802(c).--Subsection (c) of + such section, as so redesignated, is amended-- + (A) by striking ``(A) In order to'' and inserting + ``Contractor Accounting Systems.-- + ``(1) In order to''; and + (B) by redesignating subparagraph (B) as paragraph (2), + realigning that paragraph 2 ems to the right, and striking + ``this section'' therein and inserting ``this chapter''. + (6) Conforming amendment to new 3802(d).--Subsection (d) of + such section, as redesignated by paragraph (1), is amended by + striking ``subsection (a)'' and inserting ``section 3801 of this + title''. + (7) Conforming amendment to new 3802(e).--Subsection (e) of + such section, as transferred and redesignated by paragraph (2)(C), + is amended by inserting ``Eligibility of Nontraditional Defense + Contractors.--'' before ``The Secretary of''. + (d) Transfer of Subsection (d) of Section 2307.--Subsection (d) of +section 2307 of title 10, United States Code, is transferred to section +3803 of such title, as added by subsection (a), inserted after the +section heading, and amended-- + (1) by striking the subsection designation and subsection + heading; and + (2) by striking ``subsection (a)'' and inserting ``section 3801 + of this title''. + (e) Transfer of Subsection (e) of Section 2307.-- + (1) Transfer.--Subsection (e) of section 2307 of title 10, + United States Code, is transferred to section 3804 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1), (2), and (3) as + subsections (a), (b), and (c), respectively. + (2) Conforming amendment to new 3804(a).--Subsection (a) of + such section 3804, as so transferred and redesignated, is amended + by inserting ``Payment Commensurate With Work.--'' before ``The + Secretary of Defense''. + (3) Conforming amendments to new 3804(b).--Subsection (b) of + such section 3804, as so transferred and redesignated, is amended-- + (A) by inserting ``Limitation.--'' before ``The + Secretary''; and + (B) by striking ``paragraph (1)'' and inserting + ``subsection (a)''. + (4) Conforming amendments to new 3804(c).--Subsection (c) of + such section 3804, as so transferred and redesignated, is amended-- + (A) by inserting ``Applicability.--'' before ``This''; and + (B) by striking ``subsection'' and inserting ``section''. + (f) Transfer of Subsection (f) of Section 2307.-- + (1) Transfer.--Subsection (f) of section 2307 of title 10, + United States Code, is transferred to section 3805 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation and subsection + heading; and + (B) by redesignating paragraphs (1), (2), and (3) as + subsections (a), (c), and (d), respectively. + (2) Further internal redesignation amendments to new 3805.-- + Such section 3805, as so amended, is further amended by designating + the second sentence of subsection (a) as subsection (b). + (4) Conforming amendments to new 3805(a).--Subsection (a) of + such section, as so transferred and redesignated, is amended-- + (A) by inserting ``Terms and Conditions for Payments.--'' + before ``Payments under''; and + (B) by striking ``subsection (a)'' and inserting ``section + 3801 of this title''. + (4) Conforming amendment to new 3805(b).--Subsection (b) of + such section, as designated by paragraph (2), is amended by + inserting ``Security for Payments.--'' before ``The head of the + agency''. + (5) Conforming amendments to new 3805(c).--Subsection (c) of + such section, as so transferred and redesignated, is amended-- + (A) by inserting ``Limitation on Advance Payments.--'' + before ``Advance payments''; and + (B) by striking ``subsection (a)'' and inserting ``section + 3801 of this title''. + (6) Conforming amendments to new 3805(d).--Subsection (d) of + such section, as so transferred and redesignated, is amended-- + (A) by inserting ``Nonapplication of Certain Conditions.-- + '' before ``The conditions of''; + (B) by striking ``subsections (d) and (e)'' and inserting + ``sections 3803 and 3804 of this title''; and + (C) by striking ``paragraphs (1) and (2)'' and inserting + ``this section''. + (g) Transfer of Subsection (i) of Section 2307.-- + (1) Transfer.--Subsection (i) of section 2307 of title 10, + United States Code, is transferred to section 3806 of such title, + as added by subsection (a), inserted after the section heading, and + amended by striking the subsection designation and subsection + heading. + (2) Further internal redesignation amendments to new 3806.-- + Such section 3806, as so amended, is further amended-- + (A) by redesignating paragraphs (1) through (9) as + subsections (b) through (j), respectively; and + (B) by transferring paragraph (10) to the beginning of such + section so as to appear before subsection (b), as redesignated + by subparagraph (A), and redesignating that paragraph as + subsection (a). + (3) Conforming amendments to new 3806(a).--Subsection (a) of + such section, as transferred and redesignated by paragraph (2)(B), + is amended-- + (A) by inserting ``Remedy Coordination Official Defined.-- + '' before ``In this''; and + (B) by striking ``this subsection'' and inserting ``this + section''. + (4) Conforming amendment to new 3806(b).--Subsection (b) of + such section, as transferred and redesignated by paragraphs (1) and + (2)(A), is amended by inserting ``Recommendation to Reduce or + Suspend Payments.--'' before ``In any case''. + (5) Conforming amendments to new 3806(c).--Subsection (c) of + such section, as transferred and redesignated by paragraphs (1) and + (2)(A), is amended-- + (A) by inserting ``Reduction or Suspension of Payments.--'' + before ``The head of''; and + (B) by striking ``paragraph (1)'' and inserting + ``subsection (b)''. + (6) Conforming amendments to new 3806(d).--Subsection (d) of + such section, as transferred and redesignated by paragraphs (1) and + (2)(A), is amended-- + (A) by inserting ``Extent of Reduction or Suspension.--'' + before ``The extent of''; and + (B) by striking ``paragraph (2)'' and inserting + ``subsection (c)''. + (7) Conforming amendments to new 3806(e).--Subsection (e) of + such section, as transferred and redesignated by paragraphs (1) and + (2)(A), is amended-- + (A) by inserting ``Written Justification.--'' before ``A + written''; and + (B) by striking ``paragraph (2)'' and inserting + ``subsection (c)''. + (8) Conforming amendments to new 3806(f).--Subsection (f) of + such section, as transferred and redesignated by paragraphs (1) and + (2)(A), is amended-- + (A) by inserting ``Notice.--'' before ``The head of an + agency shall''; and + (B) by striking ``paragraph (2)'' and inserting + ``subsection (c)''. + (9) Conforming amendments to new 3806(g).--Subsection (g) of + such section, as transferred and redesignated by paragraphs (1) and + (2)(A), is amended-- + (A) by inserting ``Review.--'' before ``Not later than''; + (B) by striking ``paragraph (2)'' and inserting + ``subsection (c)''; and + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively. + (10) Conforming amendments to new 3806(h).--Subsection (h) of + such section, as transferred and redesignated by paragraphs (1) and + (2)(A), is amended-- + (A) by inserting ``Annual Report.--'' before ``The head + of''; and + (B) by striking ``paragraph (2)'' and inserting + ``subsection (c)''. + (11) Reordering and redesignation for title 41 consistency.-- + Subsections (i) and (j) of such section, as transferred and + redesignated by paragraphs (1) and (2)(A), are reversed in order + and are redesignated accordingly. + (12) Conforming amendments to new 3806(i).--Subsection (i) of + such section, as transferred and redesignated by paragraphs (1), + (2)(A), and (11), is amended-- + (A) by inserting ``Restriction on Delegation.--'' before + ``The head of''; and + (B) by striking ``this subsection'' and inserting ``this + section''. + (13) Conforming amendments to new 3806(j).--Subsection (j) of + such section, as transferred and redesignated by paragraphs (1), + (2)(A), and (11), is amended-- + (A) by inserting ``Inapplicability to Coast Guard.--'' + before ``This''; + (B) by striking ``subsection applies'' and inserting + ``section applies''; and + (C) by striking ``section 2303(a)'' and inserting ``section + 3063''. + (h) Transfer of Subsection (h) of Section 2307.--Subsection (h) of +section 2307 of title 10, United States Code, is transferred to section +3807 of such title, as added by subsection (a), inserted after the +section heading, and amended-- + (1) by striking the subsection designation and subsection + heading; and + (2) by striking ``subsection (a)(1)'' and inserting ``section + 3801(1) of this title''. +SEC. 1835. CONTRACTOR AUDITS AND ACCOUNTING. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 279 and inserting the following: + + ``CHAPTER 279--CONTRACTOR AUDITS AND ACCOUNTING + +``Sec. +``3841. Examination of records of contractor. +``3842. Performance of incurred cost audits. +``3843. Contractor internal audit reports: Department of Defense access + to, use of, and safeguards and protections for. +``3844. Contractor business systems. +``3845. Contractor inventory accounting systems: standards. +``3846. Defense Contract Audit Agency: legal resources and expertise. +``3847. Defense Contract Audit Agency: annual report. +``3848. Defense audit agencies: Small Business Ombudsmen. + +``Sec. 3841. Examination of records of contractor''. + (b) Transfer of Section 2313.-- + (1) Transfer of subsections (a) through (h).--Subsections (a) + through (h) of section 2313 of title 10, United States Code, are + transferred to section 3841 of such title, as added by subsection + (a), inserted after the section heading, and redesignated as + subsections (b) through (i), respectively. + (2) Transfer of subsection (i).--Subsection (i) of section 2313 + of such title is transferred to section 3841 of such title, as + amended by paragraph (1), inserted before subsection (b), as + transferred and redesignated by paragraph (1), and redesignated as + subsection (a). + (3) Conforming amendments to new 3841(b).--Subsection (b) of + such section 3841, as redesignated by paragraph (1), is amended-- + (A) by striking ``Agency Authority.--(1) The head of'' and + inserting ``Agency Authority.-- + ``(1) The head of''; + (B) in paragraph (1)(A), by striking ``made by that agency + under this chapter'' and inserting ``made by that agency under + a chapter 137 legacy provision''; + (C) by realigning paragraph (2) 2 ems to the right; and + (D) in paragraph (2), by striking ``section 2306a'' and + inserting ``chapter 271''. + (4) Conforming amendments to new 3841(c).--Subsection (c) of + such section 3841, as redesignated by paragraph (1), is amended-- + (A) by striking ``Authority.--(1) The Director of'' and + inserting ``Authority.-- + ``(1) Authority to require the production of records.--The + Director of''; + (B) in paragraph (1), by striking ``subsection (a)'' and + inserting ``subsection (b)''; + (C) by realigning paragraphs (2) and (3) 2 ems to the + right; + (D) in paragraph (2), by inserting ``Enforcement of + subpoena.--'' before ``Any such subpoena''; and + (E) in paragraph (3), by inserting ``Authority not + delegable.--'' before ``The authority provided by''. + (5) Conforming amendments to new 3841(d).--Subsection (d) of + such section 3841, as redesignated by paragraph (1), is amended-- + (A) by striking ``Authority.--(1) Except as'' and inserting + ``Authority.-- + ``(1) In general.--Except as''; + (B) by realigning paragraphs (2) and (3) 2 ems to the + right; + (C) in paragraph (2), by inserting ``Exception for foreign + contractor or subcontractor.--'' before ``Paragraph (1) does + not apply''; and + (D) in paragraph (3), by inserting ``Additional records not + required.--'' before ``Paragraph (1) may not''. + (6) Conforming amendments to new 3841(f).--Subsection (f) of + such section 3841, as redesignated by paragraph (1), is amended-- + (A) by striking ``subsection (a)'' and inserting + ``subsection (b)''; and + (B) by striking ``subsection (c)'' and inserting + ``subsection (d)''. + (c) Transfer of Title 10 Sections.--Sections 2313b, 2410b, 2313a, +and 204 of title 10, United States Code, are transferred to chapter 279 +of such title, as added by subsection (a), inserted (in that order) +after section 3841, as amended by subsection (b), and redesignated as +sections 3842, 3845, 3847, and 3848, respectively. + (d) Amendments to Transferred Sections.-- + (1) Section 3842 of such title, as so transferred and + redesignated, is amended by striking ``section 2313a'' in + subsection (g)(5) and inserting ``section 3847''. + (2) Section 3845 of such title, as so transferred and + redesignated, is amended by striking ``(as defined in section 103 + of title 41)'' in subsection (c). + (3) Section 3847 of such title, as so transferred and + redesignated, is amended by striking ``section 2313b'' in + subsection (d)(1) and inserting ``section 3842''. + (4) The heading of section 3848 of such title, as so + transferred and redesignated, is amended to read as follows: +``Sec. 3848. Defense audit agencies: Small Business Ombudsmen''. + (e) Placeholder Sections.--Chapter 279 of such title, as added and +amended by this section, is further amended-- + (1) by inserting after section 3842, as transferred and + redesignated by subsection (c), the following: +``Sec. 3843. Contractor internal audit reports: Department of Defense + access to, use of, and safeguards and protections for + ``[Reserved.] +``Sec. 3844. Contractor business systems + ``[Reserved.]''; and + (2) by inserting after section 3845, as transferred and + redesignated by subsection (c), the following: +``Sec. 3846. Defense Contract Audit Agency: legal resources and + expertise + ``[Reserved.]''. +SEC. 1836. CLAIMS AND DISPUTES. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 281 and inserting the following: + + ``CHAPTER 281--CLAIMS AND DISPUTES + +``Sec. +``3861. Research and development contracts: indemnification provisions. +``3862. Requests for equitable adjustment or other relief: + certification. +``3863. Retention of amounts collected from contractor during the + pendency of contract dispute.''. + + (b) Transfer of Sections.--Sections 2354, 2410, and 2410m of title +10, United States Code, are transferred to chapter 281 of such title, +as added by subsection (a), inserted (in that order) after the table of +sections, and redesignated as sections 3861, 3862, and 3863, +respectively. + (c) Heading Amendment.--The heading of section 3861 of title 10, +United States Code, as so transferred and redesignated, is amended to +read as follows: +``Sec. 3861. Research and development contracts: indemnification + provisions''. +SEC. 1837. FOREIGN ACQUISITIONS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 283 and inserting the following: - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to the congressional defense -committees a report containing the following information: - (1) A description of current Department of Defense naming - conventions for military installations, infrastructure, - vessels, and weapon systems. - (2) A list of all military installations (including reserve - component facilities), infrastructure (including reserve - component infrastructure), vessels, and weapon systems that are - currently named after African Americans who served in the Armed - Forces. - (3) An explanation of the steps being taken to recognize - the service of African Americans who have served in the Armed - Forces with honor, heroism, and distinction by increasing the - number of military installations, infrastructure, vessels, and - weapon systems named after deserving African American members - of the Armed Forces. - -SEC. 1710C. REPORT ON GOVERNMENT POLICE TRAINING AND EQUIPPING - PROGRAMS. - - (a) Report.--Not later than 1 year after the date of the enactment -of this Act, the President shall submit to Congress a report on United -States Government police training and equipping programs outside the -United States. - (b) Elements.--The report required under paragraph (1) shall -include the following: - (1) A list of all United States Government departments and - agencies involved in implementing police training and equipping - programs. - (2) A description of the scope, size, and components of all - police training and equipping programs for fiscal years 2023, - 2024, and 2025, including, for each such program-- - (A) the name of each country that received - assistance under the program; - (B) for each training activity, the number of - foreign personnel provided training, their units of - operation, location of the training, cost of the - activity, the United States unit involved, and the - nationality and unit of non-United States training - personnel, if any, involved in each activity; - (C) the purpose and objectives of the program; - (D) the funding and personnel levels for the - program in each such fiscal year; - (E) the authority under which the program is - conducted; - (F) the name of the United States Government - department or agency with lead responsibility for the - program and the mechanisms for oversight of the - program; and - (G) the metrics for measuring the results of the - program. - (3) An assessment of the requirements for police training - and equipping programs, and what changes, if any, are required - to improve the capacity of the United States Government to meet - such requirements. - (4) An evaluation of the appropriate role of United States - Government departments and agencies in coordinating on and - carrying out police training and equipping programs. - (5) An evaluation of the appropriate role of contractors in - carrying out police training and equipping programs, and what - modifications, if any, are needed to improve oversight of such - contractors. - (6) Recommendations for legislative modifications, if any, - to existing authorities relating to police training and - equipping programs. - (c) Form of Report.--The report required under this section shall -be submitted in unclassified form, but may include a classified annex. - (d) Public Availability Internet.--All unclassified portions of the -report required under this section shall be made publicly available on -an appropriate internet website. - (e) Definition.--In this section, the term ``police'' includes -national police, gendarmerie, counter-narcotics police, -counterterrorism police, formed police units, border security, and -customs. + ``CHAPTER 283--FOREIGN ACQUISITIONS -SEC. 1710D. DEEPFAKE REPORT. +``Subchapter Sec. +``I. General...................................................... 3881 - (a) Definitions.--In this section: - (1) Digital content forgery.--The term ``digital content - forgery'' means the use of emerging technologies, including - artificial intelligence and machine learning techniques, to - fabricate or manipulate audio, visual, or text content with the - intent to mislead. - (2) Secretary.--The term ``Secretary'' means the Secretary - of Homeland Security. - (b) Reports on Digital Content Forgery Technology.-- - (1) In general.--Not later than 1 year after the date of - enactment of this Act and annually thereafter for 5 years, the - Secretary, acting through the Under Secretary for Science and - Technology of the Department of Homeland Security, and with - respect to subparagraphs (F) through (H) of paragraph (2), in - consultation with the Director of National Intelligence, shall - research the state of digital content forgery technology and - produce a report on such technology. - (2) Contents.--Each report produced under paragraph (1) - shall include the following: - (A) An assessment of the underlying technologies - used to create or propagate digital content forgeries, - including the evolution of such technologies. - (B) A description of the types of digital content - forgeries, including those used to commit fraud, cause - harm, or violate civil rights recognized under Federal - law. - (C) An assessment of how foreign governments, and - the proxies and networks thereof, use, or could use, - digital content forgeries to harm national security. - (D) An assessment of how non-governmental entities - in the United States use, or could use, digital content - forgeries. - (E) An assessment of the uses, applications, - dangers, and benefits, including the impact on - individuals, of deep learning technologies used to - generate high fidelity artificial content of events - that did not occur. - (F) An analysis of the methods used to determine - whether content is genuinely created by a human or - through digital content forgery technology, and an - assessment of any effective heuristics used to make - such a determination, as well as recommendations on how - to identify and address suspect content and elements to - provide warnings to users of such content. - (G) A description of the technological - countermeasures that are, or could be, used to address - concerns with digital content forgery technology. - (H) Proposed research and development activities - for the Science and Technology Directorate of the - Department of Homeland Security to undertake related to - the identification of forged digital content and - related countermeasures. - (I) Any additional information the Secretary - determines appropriate. - (3) Consultation and public hearings.--In producing each - report required under paragraph (1), the Secretary may-- - (A) consult with any other agency of the Federal - Government that the Secretary considers necessary; and - (B) conduct public hearings to gather, or otherwise - allow interested parties an opportunity to present, - information and advice relevant to the production of - the report. - (4) Form of report.--Each report required under paragraph - (1) shall be produced in unclassified form, but may contain a - classified annex. - (5) Applicability of foia.--Nothing in this section, or in - a report produced under this section, may be construed to allow - the disclosure of information or a record that is exempt from - public disclosure under section 552 of title 5, United States - Code (commonly known as the ``Freedom of Information Act''). - (6) Applicability of the paperwork reduction act.-- - Subchapter I of chapter 35 of title 44, United States Code - (commonly known as the ``Paperwork Reduction Act''), shall not - apply to this section. - -SEC. 1710E. STUDY ON UNEMPLOYMENT RATE OF WOMEN VETERANS WHO SERVED ON - ACTIVE DUTY IN THE ARMED FORCES AFTER SEPTEMBER 11, 2001. +``II. Prohibition on Contracting with the Enemy................... 3891 - (a) Study.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Veterans Affairs, - in consultation with the Bureau of Labor Statistics of the - Department of Labor, shall conduct a study on why Post-9/11 - Veterans who are women are at higher risk of unemployment than - all other groups of women veterans and their non- veteran - counterparts. - (2) Conduct of study.-- - (A) In general.--The Secretary shall conduct the - study under paragraph (1) primarily through the Center - for Women Veterans under section 318 of title 38, - United States Code. - (B) Consultation.---In carrying out the study - conducted under paragraph (1), the Secretary may - consult with-- - (i) the Department of Labor; - (ii) other Federal agencies, such as the - Department of Defense, the Office of Personnel - Management, and the Small Business - Administration; - (iii) foundations; and - (iv) entities in the private sector. - (3) Elements of study.--The study conducted under paragraph - (1) shall include, with respect to Post-9/11 Veterans who are - women, at a minimum, an analysis of the following: - (A) Rank at time of separation from the Armed - Forces. - (B) Geographic location upon such separation. - (C) Educational level upon such separation. - (D) The percentage of such veterans who enrolled in - an education or employment training program of the - Department of Veterans Affairs or the Department of - Labor after such separation. - (E) Industries that have employed such veterans. - (F) Military occupational specialties available to - such veterans. - (G) Barriers to employment of such veterans. - (H) Causes to fluctuations in employment of such - veterans. - (I) Current employment training programs of the - Department of Veterans Affairs or the Department of - Labor that are available to such veterans. - (J) Economic indicators that impact unemployment of - such veterans. - (K) Health conditions of such veterans that could - impact employment. - (L) Whether there are differences in the analyses - conducted under subparagraphs (A) through (K) based on - the race of such veteran. - (M) The difference between unemployment rates of - Post-9/11 Veterans who are women compared to - unemployment rates of Post-9/11 Veterans who are men, - including an analysis of potential causes of such - difference. - (b) Report.-- - (1) In general.--Not later than 90 days after completing - the study under subsection (a), the Secretary shall submit to - the Committee on Veterans' Affairs of the Senate and the - Committee on Veterans' Affairs of the House of Representatives - a report on such study. - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) The analyses conducted under subsection (a)(3). - (B) A description of the methods used to conduct - the study under subsection (a). - (C) Such other matters relating to the unemployment - rates of Post-9/11 Veterans who are women as the - Secretary considers appropriate. - (c) Post-9/11 Veteran Defined.--In this section, the term ``Post-9/ -11 Veteran''' means a veteran who served on active duty in the Armed -Forces on or after September 11, 2001. + ``SUBCHAPTER I--GENERAL -SEC. 1710F. REPORT ON THE OKLAHOMA CITY NATIONAL MEMORIAL. +``Sec. +``3881. Contracts: consideration of national security objectives.''. + + (b) Transfer of Section 2327.-- + (1) Transfer.--Section 2327 of title 10, United States Code, is + transferred to chapter 283 of such title, as added by subsection + (a), inserted after the table of sections at the beginning of + subchapter I, and redesignated as section 3881. + (2) Applicability of definitions.--Such section is amended in + subsection (f)(2) by striking ``This section does not'' and + inserting ``The provisions of section 3011 of this title apply in + this section, except that this section does not''. + (c) Future Codification of Sections 841-843 of Fy2015 Ndaa.-- +Chapter 283 of title 10, United States Code, is further amended by +adding at the end the following: - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Interior shall submit to Congress a report -containing the following information: - (1) A description of the current status of the Oklahoma - City National Memorial, an affiliated site of the National Park - System. - (2) A summary of non-Federal funding that has been raised - in accordance with section 7(2) of the Oklahoma City National - Memorial Act of 1997 (16 U.S.C. 450ss-5(2)). + ``Subchapter II--Prohibition on Contracting With the Enemy -SEC. 1710G. REPORTS ON MILITARY SERVICE ACADEMIES. +``Sec. +``3891. [Reserved]. +``3892. [Reserved]. +``3893. [Reserved].''. - Not later than 180 days after the date of the enactment of this -Act, the superintendent of each military service academy shall submit -to the Secretary of Defense and the congressional defense committees a -report that includes, with respect to the academy overseen by the -superintendent, the following: - (1) Anonymized equal opportunity claims and determinations - involving the academy over the past 20 years. - (2) Results of a climate survey of cadets or midshipmen (as - the case may be) conducted by an external entity. - (3) A review of educational and extracurricular instruction - at the academy, including-- - (A) a review of courses to ensure the inclusion of - minority communities in authorship and course content; - and - (B) a review of faculty and staff demographics to - determine diversity recruitment practices at the - academy. +SEC. 1838. SOCIOECONOMIC PROGRAMS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 287 and inserting the following: -SEC. 1710H. INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING THREATS - THAT INDIVIDUALLY OR COLLECTIVELY AFFECT NATIONAL - SECURITY, FINANCIAL SECURITY, OR BOTH. + ``CHAPTER 287--SOCIOECONOMIC PROGRAMS - (a) Independent Study.--Not later than 30 days after the date of -the enactment of this Act, the Director of National Intelligence, in -coordination with the Secretary of the Treasury in the Secretary's -capacity as the Chair of the Financial Stability Oversight Council and -the heads of other relevant departments and agencies, shall seek to -enter into a contract with a federally funded research and development -center under which the center will conduct a study on identifying and -addressing threats that individually or collectively affect national -security, financial security, or both. - (b) Elements of Study.--In carrying out the study referred to in -subsection (a), the selected Federally funded research and development -center shall be contractually obligated to-- - (1) identify threats that individually or collectively - affect national security, financial security, or both, - including-- - (A) foreign entities and governments acquiring - financial interests in domestic companies that have - access to critical or sensitive national security - materials, technologies, or information; - (B) other currencies being used in lieu of the - United States Dollar in international transactions; - (C) foreign influence in companies seeking to - access capital markets by conducting initial public - offerings in other countries; - (D) the use of financial instruments, markets, - payment systems, or digital assets in ways that appear - legitimate but may be part of a foreign malign strategy - to weaken or undermine the economic security of the - United States; - (E) the use of entities, such as corporations, - companies, limited liability companies, limited - partnerships, business trusts, business associations, - or other similar entities to obscure or hide the - foreign beneficial owner of such entities; and - (F) any other known or potential threats that - individually or collectively affect national security, - financial security, or both currently or in the - foreseeable future. - (2) assess the extent to which the United States Government - is currently able to identify and characterize the threats - identified under paragraph (1); - (3) assess the extent to which the United States Government - is currently able to mitigate the risk posed by the threats - identified under paragraph (1); - (4) assess whether current levels of information sharing - and cooperation between the United States Government and allies - and partners has been helpful or can be improved upon in order - for the United States Government to identify, characterize, and - mitigate the threats identified under paragraph (1); and - (5) recommend opportunities, and any such authorities or - resources required, to improve the efficiency and effectiveness - of the United States Government in identifying the threats - identified under paragraph (1) and mitigating the risk posed by - such threats. - (c) Submission to Director of National Intelligence.--Not later -than 180 days after the date of the enactment of this Act, the -federally funded research and development center selected to conduct -the study under subsection (a) shall submit to the Director of National -Intelligence a report on the results of the study in both classified -and unclassified form. - (d) Submission to Congress.-- - (1) In general.--Not later than 30 days after the date on - which the Director of National Intelligence receives the report - under subsection (c), the Director shall submit to the - appropriate committees of Congress an unaltered copy of the - report in both classified and unclassified form, and such - comments as the Director, in coordination with the Secretary of - Treasury in his capacity as the Chair of the Financial - Stability Oversight Council and the heads of other relevant - departments and agencies, may have with respect to the report. - (2) Appropriate committees of congress.--In this - subsection, the term ``appropriate committees of Congress'' - means-- - (A) the Committee on Armed Services, the Select - Committee on Intelligence, and the Committee on - Banking, Housing, and Urban Affairs, the Committee on - Foreign Relations, and the Committee on Appropriations - of the Senate; and - (B) the Committee on Armed Services, the Permanent - Select Committee on Intelligence, and the Committee on - Financial Services, the Committee on Foreign Affairs, - and the Committee on Appropriations of the House of - Representatives. - -SEC. 1710I. MARITIME SECURITY AND DOMAIN AWARENESS. +``Sec. +``3901. Contracts: prohibition on competition between Department of + Defense and small businesses. +``3902. Credit for Indian contracting in meeting certain subcontracting + goals for small disadvantaged businesses. +``3903. Subcontracting plans: credit for certain purchases. +``3904. Research and educational programs and activities: historically + black colleges and universities and minority-serving + institutions of higher education. +``3905. Products of Federal Prison Industries: procedural + requirements.''. + + (b) Transfer of Sections.--Section 2304e, 2323a, 2410d, 2362, and +2410n of such title are transferred to chapter 285 of such title, as +added by subsection (a), inserted (in that order) after the table of +sections, and redesignated as section 3901, 3902, 3903, 3904, and 3905, +respectively. + + Subtitle E--Research and Engineering + +SEC. 1841. RESEARCH AND ENGINEERING GENERALLY. + (a) Switching of Subparts E and F.-- + (1) New subpart e.--Part V of subtitle A of title 10, United + States Code, as added by section 801 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232), is amended-- + (A) by striking subparts E and F; and + (B) by inserting after subpart D the following new subpart + E: + + ``Subpart E--Research and Engineering + + ``CHAPTER 301-- RESEARCH AND ENGINEERING GENERALLY - (a) Progress Report on Maritime Security.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense, in - coordination with the Secretary of State, the Secretary of the - Department in which the Coast Guard is operating, and the heads - of other appropriate Federal agencies, shall submit to the - congressional defense committees a report on the steps taken - since December 20, 2019, to make further use of the following - mechanisms to combat IUU fishing: - (A) Inclusion of counter-IUU fishing in existing - shiprider agreements to which the United States is a - party. - (B) Entry into shiprider agreements that include - counter-IUU fishing with priority flag states and - countries in priority regions with which the United - States does not already have such agreements. - (C) Inclusion of counter-IUU fishing in the mission - of the Combined Maritime Forces. - (D) Inclusion of counter-IUU fishing exercises in - the annual at-sea exercises conducted by the Department - of Defense, in coordination with the United States - Coast Guard. - (E) Development of partnerships similar to the - Oceania Maritime Security Initiative and the Africa - Maritime Law Enforcement Partnership in other priority - regions. - (2) Element.--The report required by paragraph (1) shall - include a description of specific steps taken by the Secretary - of the Navy with respect to each mechanism described in - paragraph (1), including a detailed description of any security - cooperation engagement undertaken to combat IUU fishing by such - mechanisms and resulting coordination between the Department of - the Navy and the Coast Guard. - (b) Assessment of Service Coordination on Maritime Domain -Awareness.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of the Navy shall - enter into an agreement with the Secretary of the department in - which the Coast Guard is operating, in consultation with the - Secretary of Commerce, to assess the available commercial - solutions for collecting, sharing, and disseminating among - United States maritime services and partner countries maritime - domain awareness information relating to illegal maritime - activities, including IUU fishing. - (2) Elements.--The assessment carried out pursuant to an - agreement under paragraph (1) shall-- - (A) build on the ongoing Coast Guard assessment - related to autonomous vehicles; - (B) consider appropriate commercially and - academically available technological solutions; and - (C) consider any limitation related to - affordability, exportability, maintenance, and - sustainment requirements and any other factor that may - constrain the suitability of such solutions for use in - a joint and combined environment, including the - potential provision of such solutions to one or more - partner countries. - (3) Submittal to congress.--Not later than 1 year after - entering into an agreement under paragraph (1), the Secretary - of the Navy shall submit to the Committee on Armed Services, - the Committee on Commerce, Science, and Transportation, and the - Committee on Appropriations of the Senate and the Committee on - Armed Services, the Committee on Natural Resources, the - Committee on Transportation and Infrastructure, the Committee - on Foreign Affairs, and the Committee on Appropriations of the - House of Representatives the assessment prepared in accordance - with the agreement. - (c) Report on Use of Fishing Fleets by Foreign Governments.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Director of the Office of Naval - Intelligence shall submit to the Committee on Armed Services, - the Committee on Commerce, Science, and Transportation, and the - Committee on Appropriations of the Senate and the Committee on - Armed Services, the Committee on Natural Resources, the - Committee on Transportation and Infrastructure, the Committee - on Foreign Affairs, and the Committee on Appropriations of the - House of Representatives a report on the use by governments of - foreign countries of distant-water fishing fleets as extensions - of the official maritime security forces of such countries. - (2) Element.--The report required by paragraph (1) shall - include the following: - (A) An analysis of the manner in which fishing - fleets are leveraged in support of the naval operations - and policies of foreign countries more generally. - (B) A consideration of-- - (i) threats posed, on a country-by-country - basis, to the fishing vessels and other vessels - of the United States and partner countries; - (ii) risks to Navy and Coast Guard - operations of the United States, and the naval - and coast guard operations of partner - countries; and - (iii) the broader challenge to the - interests of the United States and partner - countries. - (3) Form.--The report required by paragraph (1) shall be in - unclassified form, but may include a classified annex. - (d) Definitions.--In this section, any term that is also used in -the Maritime SAFE Act (Public Law 116-92) shall have the meaning given -such term in that Act. +``Sec. +``4001. Research and development projects. +``4002. Research projects: transactions other than contracts and grants. +``4003. Authority of the Department of Defense to carry out certain + prototype projects. +``4004. Procurement for experimental purposes. +``4005. [Reserved]. +``4006. [Reserved]. +``4007. Science and technology programs to be conducted so as to foster + the transition of science and technology to higher levels of + research, development, test, and evaluation. +``4008. Merit-based award of grants for research and development. +``4009. Technology protection features activities. +``4010. [Reserved]. +``4011. [Reserved]. +``4012. [Reserved]. +``4013. [Reserved]. +``4014. Coordination and communication of defense research activities + and technology domain awareness. +``4015. Award of grants and contracts to colleges and universities: + requirement of competition.''. + + (2) Tables of chapters.--The tables of chapters at the + beginning of subtitle A, and at the beginning of part V of subtitle + A, of title 10, United States Code, are amended by striking the + items relating to subparts E and F and inserting the following: + + ``Subpart E--Research and Engineering + +``301. Research and Engineering Generally +``303. Innovation +``305. Department of Defense Laboratories +``307. Research and Development Centers and Facilities +``309. Test and Evaluation''. + + (b) Transfer of Title 10 Sections to New Chapter 301.-- + (1) Transfers.--Sections 2358, 2371, 2371b and 2373 of title + 10, United States Code, are transferred to chapter 301 of such + title, as added by subsection (a), inserted (in that order) after + the table of sections, and redesignated as sections 4001, 4002, + 4003, and 4004, respectively. + (2) Conforming cross-reference amendments.-- + (A) Section 4001 of such title, as transferred and + redesignated by paragraph (1), is amended-- + (i) in subsection (b)(5), by striking ``sections 2371 + or 2371b'' and inserting ``sections 4002 or 4003''; + (ii) in subsection (b)(6), by striking ``section 2373'' + and inserting ``sections 4004''; and + (iii) in subsection (d), by striking ``sections 2371 + and 2371a'' and inserting ``sections 4002 and 4143''. + (B) Section 4002 of such title, as so transferred and + redesignated, is amended by striking ``section 2358'' each + place it appears and inserting ``section 4001''. + (C) Section 4003 of such title, as so transferred and + redesignated, is amended by striking ``section 2371'' in + subsections (a)(1), (b)(1), and (c)(3)(A) and inserting + ``section 4002''. + (c) Transfer of Additional Title 10 Sections to New Chapter.-- +Sections 2359, 2374, 2357, and 2361 of title 10, United States Code, +are transferred to chapter 301 of such title, as added by subsection +(a), added (in that order) after section 4004, as transferred and +redesignated by subsection (b), and redesignated as sections 4007, +4008, 4009, and 4015, respectively. + (d) Transfer of Section 2364(a).-- + (1) Transfer.--The heading and subsection (a) of section 2364 + of title 10, United States Code, are transferred to chapter 301 of + such title, as so amended, inserted after section 4009, as + transferred and redesignated by subsection (c), and redesignated as + section 4014. + (2) Preservation of definition.--Section 4014, as redesignated + by paragraph (1), is amended by adding at the end the following new + subsection: + ``(b) Defense Research Facility Defined.--In this section, the term +`Defense research facility' has the meaning given that term by section +4142(b) of this title.''. + (e) Additional Conforming Cross-reference Amendments.-- + (1) Sections 1746(d)(1) and 2165(f)(1) of title 10, United + States Code, are amended by striking ``section 2358'' and inserting + ``section 4001''. + (2) Section 218(b)(1) of the National Defense Authorization Act + for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2501 note) is + amended by striking ``section 2371b'' and inserting ``section + 4003''. +SEC. 1842. INNOVATION. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 301, as added by the preceding section, the +following new chapter: + + ``CHAPTER 303--INNOVATION -SEC. 1710J. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE - PROCESSES FOR RESPONDING TO CONGRESSIONAL REPORTING - REQUIREMENTS. +``Sec. +``4061. Defense Research and Development Rapid Innovation Program. +``4062. Defense Acquisition Challenge Program. +``4063. Extramural acquisition innovation and research activities. +``4064. Joint reserve detachment of the Defense Innovation Unit. +``4065. Prizes for advanced technology achievements. +``4066. Global Research Watch Program.''. + + (b) Transfer of Title 10 Sections.--Sections 2359a, 2359b, 2361a, +2358b, 2374a, and 2365 of title 10, United States Code, are transferred +to chapter 303 of such title, as added by subsection (a), inserted (in +that order) after the table of sections, and redesignated as sections +4061, 4062, 4063, 4064, 4065, and 4066, respectively. + (c) Conforming Cross-reference Amendments.-- + (1) Section 1089(a) of the National Defense Authorization Act + for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2374a note) is + amended by striking ``section 2374a'' and inserting ``section + 4065''. + (2) Section 905(a)(1) of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 + U.S.C. 2364 note) is amended by striking ``section 2365'' and + inserting ``section 4066''. +SEC. 1843. DEPARTMENT OF DEFENSE LABORATORIES. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 303, as added by the preceding section, the +following new chapter: + + ``CHAPTER 305--DEPARTMENT OF DEFENSE LABORATORIES + +``Subchapter + Sec. +``I. General Matters.............................................. 4101 + +``II. Personnel-Related Matters................................... 4111 + + ``SUBCHAPTER I--GENERAL MATTERS - (a) Comptroller General Analysis.--Not later than 1 year after the -date of the enactment of this Act, the Comptroller General of the -United States shall submit to the Committees on Armed Services of the -Senate and House of Representatives a report containing an analysis of -Department of Defense processes for responding to congressional -reporting requirements in the annual National Defense Authorization -Acts, or the accompanying committee reports. - (b) Criteria for Evaluation.--The analysis required under -subsection (a) shall include an evaluation of funding and changes to -policies and business practices by the Department for improving the -effectiveness, efficiency, and public transparency of the Department's -compliance with congressional reporting requirements. - (c) Contents of Report.--The report required by subsection (a) -shall include each of the following: - (1) A description of-- - (A) current laws, guidance, policies for Department - of Defense compliance with congressional oversight - reporting requirements; and - (B) recent direction from the congressional defense - committees for the Department concerning how it - designs, modifies, tracks, delivers, and inventories - completed reports. - (2) A review and evaluation of the cost and effectiveness - of-- - (A) the methods the Department of Defense uses to - track and respond to reporting requirements; and - (B) the ways in which the Department of Defense - ensures suitability of content and timeliness. - (3) An analysis of options for modernizing the preparation - and delivery process for reports that includes-- - (A) the coordination of Department of Defense - business practices and internal policies with - legislative processes; and - (B) a determination of the feasibility of - maintaining a congressional tracking database that - makes unclassified reports publicly available in a - searchable online database that identifies, for each - report included in the database-- - (i) the deadline on which the required - report was required to be submitted; - (ii) the date on which the report was - received; - (iii) the classification level of the - completed report; - (iv) the form in which the report was - submitted; - (v) the standard legislative citation and - hyperlink to original legislative language that - required the report; - (vi) the total cost associated with the - report; - (vii) a brief summary of the report; - (viii) a unique identifier for the report; - and - (ix) the subject and sub-subject codes - associated with the report. - -SEC. 1710K. REPORT ON PREDATORY SOCIAL MEDIA AND THE MILITARY - COMMUNITY. +``Sec. +``4101. [Reserved]. +``4102. [Reserved]. +``4103. Mechanisms to provide funds for defense laboratories for + research and development of technologies for military + missions. - (a) In General.--The Comptroller General of the United States shall -submit to Congress a report on risks facing service members, military -families, and separated veterans on social media. - (b) Contents.--The report required under subsection (a) shall -include an analysis of the following: - (1) Content related to predatory loans or financial or - educational products. - (2) Content related unproven or unnecessary medical - treatments or procedures. - (3) Content related to ethnic or racial violent extremism. - (4) The risks to readiness, morale, and national security - posed by such content. - (5) The ways in which social media algorithms may amplify - such content. - (6) The steps taken by social media companies and executive - agencies to address the risks posed by the content described in - paragraphs (1), (2), and (3). - (c) Form.--The report required under subsection (a) shall be -submitted in an unclassified form but may include a classified annex. - (d) Executive Agency Defined.--In this section, the term -``executive agency'' means an executive department or independent -establishment in the executive branch of the Federal Government. + ``SUBCHAPTER II--PERSONNEL-RELATED MATTERS -SEC. 1710L. REPORT ON TRANSFORMING BUSINESS PROCESSES FOR REVOLUTIONARY - CHANGE. +``Sec. +``4111. Authorities for certain positions at science and technology + reinvention laboratories. +``4112. Research and development laboratories: contracts for services of + university students.''. + + (b) Transfer of Title 10 Sections.-- + (1) Transfer to subchapter i.--Section 2363 of title 10, United + States Code, is transferred to subchapter I of chapter 305 of such + title, as added by subsection (a), inserted after the table of + sections at the beginning of such subchapter, and redesignated as + section 4103. + (2) Transfers to subchapter ii.--Sections 2358a and 2360 of + title 10, United States Code, are transferred to subchapter II of + chapter 305 of such title, as added by subsection (a), inserted (in + that order) after the table of sections at the beginning of such + subchapter, and redesignated as sections 4111 and 4112, + respectively. + (c) Conforming Cross-reference Amendment.--Section 2805(d)(1)(B) of +title 10, United States Code, is amended by striking ``section +2363(a)'' and inserting ``section 4103(a)''. +SEC. 1844. RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 305, as added by the preceding section, the +following new chapter: + + ``CHAPTER 307--RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -congressional defense committees a report on the efforts of the -Secretary to implement the recommendations set forth in the study -conducted by the Defense Business Board titled ``Transforming -Department of Defense's Core Business Processes for Revolutionary -Change''. - (b) Elements.--The report required under subsection (a) shall -include-- - (1) a description of the actions carried out by the - Secretary of Defense to implement the recommendations set forth - in the study described in subsection (a); - (2) identification of the specific recommendations, if any, - that have been implemented by the Secretary; - (3) the amount of any cost savings achieved as a result of - implementing such recommendations; - (4) identification of any recommendations that have not - been implemented; and - (5) alternative recommendations that may help the - Department of Defense achieve $125,000,000,000 in cost savings - over the period of 5 fiscal years beginning after the year in - which the report is submitted. - -SEC. 1710M. REVIEW AND REPORT OF EXPERIMENTATION WITH TICKS AND - INSECTS. - - (a) Review.--The Comptroller General of the United States shall -conduct a review of whether the Department of Defense experimented with -ticks, other insects, airborne releases of tick-borne bacteria, -viruses, pathogens, or any other tick-borne agents regarding use as a -biological weapon between the years of 1950 and 1977. - (b) Report.--If the Comptroller General of the United States finds -that any experiment described under subsection (a) occurred, the -Comptroller General shall submit to the Committees on Armed Services of -the House of Representatives and the Senate a report on-- - (1) the scope of such experiment; and - (2) whether any ticks, insects, or other vector-borne - agents used in such experiment were released outside of any - laboratory by accident or experiment design. - -SEC. 1710N. REPORT ON AGILE PROGRAM AND PROJECT MANAGEMENT. - - (a) Report.--Not later than 1 year after the date of the enactment -of this Act, the Comptroller General of the United States shall submit -to the Committee on Armed Services of the Senate and the Committee on -Armed Services of the House of Representatives a publicly available -report on agile program and project management within the Department of -Defense. The report shall include the following: - (1) A review of all statutory provisions enabling the use - of agile program and project management within the Department - of Defense. - (2) An evaluation of the implementation of statutory - provisions enabling the use of agile program and project - management within the Department of Defense and Armed Forces. - (3) An evaluation of the agile program and project - methodologies used within the Department of Defense and Armed - Forces. - (4) An evaluation of the how agile program and project - methodologies have enabled efforts to prepare the Department of - Defense and Armed Forces for the future of work. - (5) An evaluation of the enterprise scalability of the - agile program and project methodologies used within the - Department of Defense and Armed Forces, including how well - agile methods are integrated into the enterprise when used at - scale. - (6) An analysis of the impediments to the further adoption - and enterprise scalability of agile program and project - management including statutory impediments, as well as existing - policy, guidance, and instruction of the Department of Defense - and Armed Forces. - (7) An analysis of the impact of further adoption and - enterprise scalability of agile program and project management - on the future of work within the Department of Defense and - Armed Forces. - (8) Such other information as the Comptroller General - determines appropriate. - (b) Interim Briefing.--Not later than March 1, 2021, the -Comptroller General shall provide to the Committee on Armed Services of -the Senate and the Committee on Armed Services of the House of -Representatives a briefing on the topics to be covered by the report -under subsection (a), including and preliminary data and any issues or -concerns of the Comptroller General relating to the report. - (c) Access to Relevant Data.--For purposes of this section, the -Secretary of Defense shall ensure that the Comptroller General has -access to all relevant data. - - Subtitle B--Electronic Message Preservation - -SEC. 1711. SHORT TITLE. - - This subtitle may be cited as the ``Electronic Message Preservation -Act''. +``Sec. +``4141. Contracts: acquisition, construction, or furnishing of test + facilities and equipment. +``4142. Functions of Defense research facilities. +``4143. Cooperative research and development agreements under Stevenson- + Wydler Technology Innovation Act of 1980. +``4144. Use of test and evaluation installations by commercial entities. +``4145. Cooperative agreements for reciprocal use of test facilities: + foreign countries and international organizations. +``4146. Centers for Science, Technology, and Engineering Partnership. +``4147. Use of federally funded research and development centers.''. + + (b) Transfer of Title 10 Sections.-- + (1) In general.--The sections of title 10, United States Code, + specified in the left-hand column of the table below are + transferred to chapter 307 of such title, as added by subsection + (a), inserted (in that order), after the table of sections, and + redesignated as shown in the right-hand column: -SEC. 1712. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS. - (a) Requirement for Preservation of Electronic Messages.--Chapter -29 of title 44, United States Code, is amended by adding at the end the -following new section: -``Sec. 2912. Preservation of electronic messages and other records - ``(a) Regulations Required.--The Archivist shall promulgate -regulations governing Federal agency preservation of electronic -messages that are determined to be records. Such regulations shall, at -a minimum-- - ``(1) require the electronic capture, management, and - preservation of such electronic records in accordance with the - records disposition requirements of chapter 33; - ``(2) require that such electronic records are readily - accessible for retrieval through electronic searches; and - ``(3) include timelines for Federal agency implementation - of the regulations that ensure compliance as expeditiously as - practicable. - ``(b) Ensuring Compliance.--The Archivist shall promulgate -regulations that-- - ``(1) establish mandatory minimum functional requirements - for electronic records management systems to ensure compliance - with the requirements in paragraphs (1) and (2) of subsection - (a); and - ``(2) establish a process to ensure that the electronic - records management system of each Federal agency meets the - functional requirements established under paragraph (1). - ``(c) Coverage of Other Electronic Records.--To the extent -practicable, the regulations promulgated under subsections (a) and (b) -shall also include requirements for the capture, management, and -preservation of other electronic records. - ``(d) Compliance by Federal Agencies.--Each Federal agency shall -comply with the regulations promulgated under subsections (a) and (b). - ``(e) Review of Regulations Required.--The Archivist shall -periodically review and, as necessary, amend the regulations -promulgated under subsections (a) and (b).''. - (b) Deadline for Regulations.-- - (1) Preservation of electronic messages.--Not later than - 120 days after the date of the enactment of this Act, the - Archivist shall promulgate the regulations required under - section 2912(a) of title 44, United States Code, as added by - subsection (a). - (2) Ensuring compliance.--Not later than 2 years after the - date of the enactment of this Act, the Archivist shall - promulgate the regulations required under section 2912(b) of - title 44, United States Code, as added by subsection (a). - (c) Reports on Implementation of Regulations.-- - (1) Agency report to archivist.--Not later than 1 year - after the date of the enactment of this Act, the head of each - Federal agency shall submit to the Archivist a report on the - agency's compliance with the regulations promulgated under - section 2912 of title 44, United States Code, as added by - subsection (a), and shall make the report publicly available on - the website of the agency. - (2) Archivist report to congress.--Not later than 90 days - after receipt of all reports required by paragraph (1), the - Archivist shall submit to the Committee on Homeland Security - and Governmental Affairs of the Senate and the Committee on - Oversight and Reform of the House of Representatives a report - on Federal agency compliance with the regulations promulgated - under section 2912(a) of title 44, United States Code, as added - by subsection (a), and shall make the report publicly available - on the website of the agency. - (3) Federal agency defined.--In this subsection, the term - ``Federal agency'' has the meaning given that term in section - 2901 of title 44, United States Code. - (d) Clerical Amendment.--The table of sections at the beginning of -chapter 29 of title 44, United States Code, is amended by adding after -the item relating to section 2911 the following new item: +------------------------------------------------------------------------ + Section Redesignated Section +------------------------------------------------------------------------ +2353 4141 +2371a 4143 +2681 4144 +2350l 4145 +2368 4146 +2367 4147 +------------------------------------------------------------------------ - ``2912. Preservation of electronic messages and other - records.''. - (e) Definitions.--Section 2901 of title 44, United States Code, is -amended-- - (1) by striking ``and'' at the end of paragraph (14); and - (2) by striking paragraph (15) and inserting the following - new paragraphs: - ``(15) the term `electronic messages' means electronic mail - and other electronic messaging systems that are used for - purposes of communicating between individuals; and - ``(16) the term `electronic records management system' - means software designed to manage electronic records, including - by-- - ``(A) categorizing and locating records; - ``(B) ensuring that records are retained as long as - necessary; - ``(C) identifying records that are due for - disposition; and - ``(D) ensuring the storage, retrieval, and - disposition of records.''. - -SEC. 1713. PRESIDENTIAL RECORDS. - - (a) Additional Regulations Relating to Presidential Records.-- - (1) In general.--Section 2206 of title 44, United States - Code, is amended-- - (A) by striking ``and'' at the end of paragraph - (3); - (B) by striking the period at the end of paragraph - (4) and inserting ``; and''; and - (C) by adding at the end the following: - ``(5) provisions for establishing standards necessary for - the economical and efficient management of electronic - Presidential records during the President's term of office, - including-- - ``(A) records management controls necessary for the - capture, management, and preservation of electronic - messages; - ``(B) records management controls necessary to - ensure that electronic messages are readily accessible - for retrieval through electronic searches; and - ``(C) a process to ensure the electronic records - management system to be used by the President for the - purposes of complying with the requirements in - subparagraphs (A) and (B).''. - (2) Definitions.--Section 2201 of title 44, United States - Code, is amended by adding at the end the following new - paragraphs: - ``(6) The term `electronic messages' has the meaning given - that term under section 2901(15). - ``(7) The term `electronic records management system' has - the meaning given that term under section 2901(16).''. - (b) Certification of President's Management of Presidential -Records.-- - (1) Certification required.--Chapter 22 of title 44, United - States Code, is amended by adding at the end the following new - section: -``Sec. 2210. Certification of the President's management of - Presidential records - ``(a) Annual Certification.--The Archivist shall annually certify -whether the electronic records management controls established by the -President meet requirements under sections 2203(a) and 2206(5). - ``(b) Report to Congress.--The Archivist shall report annually to -the Committee on Homeland Security and Governmental Affairs of the -Senate and the Committee on Oversight and Reform of the House of -Representatives on the status of the certification.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 22 of title 44, United States Code, is - amended by adding at the end the following new item: - - ``2210. Certification of the President's management of - Presidential records.''. - (c) Report to Congress.--Section 2203(g) of title 44, United States -Code, is amended by adding at the end the following new paragraph: - ``(5) One year following the conclusion of a President's term of -office, or if a President serves consecutive terms 1 year following the -conclusion of the last term, the Archivist shall submit to the -Committee on Homeland Security and Governmental Affairs of the Senate -and the Committee on Oversight and Reform of the House of -Representatives a report on-- - ``(A) the volume and format of electronic Presidential - records deposited into that President's Presidential archival - depository; and - ``(B) whether the electronic records management controls of - that President met the requirements under sections 2203(a) and - 2206(5).''. - (d) Effective Date.--The amendments made by this section shall take -effect 1 year after the date of the enactment of this Act. - - Subtitle C--Space Technology Advancement Report (STAR) Act of 2020 - -SEC. 1721. SHORT TITLE. - - This subtitle may be cited as the ``Space Technology Advancement -Report (STAR) Act of 2020''. - -SEC. 1722. FINDINGS. - - Congress finds the following: - (1) As stated in the United States-China Economic and - Security Commission's 2019 Report to Congress, the United - States retains many advantages over the People's Republic of - China (PRC) in space, including-- - (A) the organization and technical expertise of its - space program; - (B) the capabilities of the National Aeronautics - and Space Administration for human spaceflight and - exploration; - (C) its vibrant commercial space sector; - (D) its long history of space leadership; and - (E) many international partnerships. - (2) The PRC seeks to establish a leading position in the - economic and military use of outer space and views space as - critical to its future security and economic interests. - (3) The PRC's national-level commitment to establishing - itself as a global space leader harms United States interests - and threatens to undermine many of the advantages the United - States has worked so long to establish. - (4) For over 60 years, the United States has led the world - in space exploration and human space flight through a robust - national program that ensures NASA develops and maintains - critical spaceflight systems to enable this leadership, - including the Apollo program's Saturn V rocket, the Space - Shuttle, the International Space Station and the Space Launch - System and Orion today. - (5) The Defense Intelligence Agency noted in its 2019 - ``Challenges to U.S. Security in Space'' report that the PRC - was developing a national super-heavy lift rocket comparable to - NASA's Space Launch System. - (6) The United States space program and commercial space - sector risks being hollowed out by the PRC's plans to attain - leadership in key technologies. - (7) It is in the economic and security interest of the - United States to remain the global leader in space power. - (8) A recent report by the Air Force Research Laboratory - and the Defense Innovation Unit found that China's strategy to - bolster its domestic space industry includes a global program - of theft and other misappropriation of intellectual property, - direct integration of state-owned entities and their technology - with commercial start-ups, the use of front companies to invest - in United States space companies, vertical control of supply - chains, and predatory pricing. - (9) The United States Congress passed the Wolf Amendment as - part of the Fiscal Year 2012 Consolidated and Further - Continuing Appropriations Act (Public Law 112-55) and every - year thereafter in response to the nefarious and offensive - nature of Chinese activities in the space industry. - -SEC. 1723. REPORT; STRATEGY. - (a) Report.-- - (1) In general.--Not later than 1 year after the date of - enactment of this section, and annually thereafter in fiscal - years 2022 and 2023, the National Space Council shall submit to - the appropriate congressional committees an interagency - assessment of the ability of the United States to compete with - foreign space programs and in the emerging commercial space - economy. - (2) Content of report.--The report shall include - information on the following: - (A) An assessment of the human exploration and - spaceflight capabilities of the national space program - of the United States relative to national programs of - the PRC. - (B) An assessment of-- - (i) the viability of extraction of space- - based precious minerals, onsite exploitation of - space-based natural resources, and utilization - of space-based solar power; - (ii) the programs of the United States and - the PRC that are related to the issues - described in clause (i); and - (iii) any potential terrestrial or space - environmental impacts of space-based solar - power. - (C) An assessment of United States strategic - interests in or related to cislunar space. - (D) A comparative assessment of future United - States space launch capabilities and those of the PRC. - (E) The extent of foreign investment in the - commercial space sector of the United States, - especially in venture capital and other private equity - investments that seek to work with the Federal - Government. - (F) The steps by which the National Aeronautics and - Space Administration, the Department of Defense, and - other United States Federal agencies conduct the - necessary due diligence and security reviews prior to - investing in private space entities that may have - received funding from foreign investment. - (G) Current steps that the United States is taking - to identify and help mitigate threats to domestic space - industry from influence of the PRC. - (H) An assessment of the current ability, role, - costs, and authorities of the Department of Defense to - mitigate the threats of commercial communications and - navigation in space from the PRC's growing counterspace - capabilities, and any actions required to improve this - capability. - (I) An assessment of how the PRC's activities are - impacting United States national security, including-- - (i) theft by the PRC of United States - intellectual property through technology - transfer requirements or otherwise; and - (ii) efforts of the PRC to seize control of - critical elements of the United States space - industry supply chain and United States space - industry companies or sister companies with - shared leadership; and government cybersecurity - capabilities. - (J) An assessment of efforts of the PRC to pursue - cooperative agreements with other nations to advance - space development. - (K) Recommendations to Congress, including - recommendations with respect to-- - (i) any legislative proposals to address - threats by the PRC to the United States - national space programs as well as domestic - commercial launch and satellite industries; and - (ii) how the United States Government can - best utilize existing Federal entities to - investigate and prevent potentially harmful - investment by the PRC in the United States - commercial space industry. - (3) Form.--The report required under paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. - (b) Strategy.-- - (1) In general.--Not later than 1 year after the submission - of the report required in subsection (a), the President, in - consultation with the National Space Council, shall develop and - submit to the appropriate congressional committees a strategy - to ensure the United States can-- - (A) compete with other national space programs; - (B) maintain leadership in the emerging commercial - space economy; - (C) identify market, regulatory, and other means to - address unfair competition from the PRC based on the - findings of in the report required in subsection (a); - (D) leverage commercial space capabilities to - ensure United States national security and the security - of United States interests in space; - (E) protect United States supply chains and - manufacturing critical to competitiveness in space; and - (F) coordinate with international allies and - partners in space. - (3) Form.--The strategy required under paragraph (1) shall - be submitted in unclassified form, but may include a classified - annex. - (c) Definitions.--In this section, the following definitions apply: - (1) Appropriate congressional committees of congress.--The - term ``appropriate congressional committees'' means-- - (A) the Committee on Armed services, the Committee - on Foreign Relations, and the Committee on Commerce, - Science, and Transportation of the Senate; and - (B) the Committee on Armed Services, the Committee - on Foreign Affairs, and the Committee on Science, - Space, and Technology of the House of Representatives. - (2) PRC.--The term ``PRC'' means the ``People's Republic of - China''. - - Subtitle D--AMBER Alert Nationwide - -SEC. 1731. COOPERATION WITH DEPARTMENT OF HOMELAND SECURITY. - - Subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et -seq.) is amended-- - (1) in section 301-- - (A) in subsection (b)-- - (i) in paragraph (1), by inserting - ``(including airports, maritime ports, border - crossing areas and checkpoints, and ports of - exit from the United States)'' after ``gaps in - areas of interstate travel''; and - (ii) in paragraphs (2) and (3), by - inserting ``, territories of the United States, - and tribal governments'' after ``States''; and - (B) in subsection (d), by inserting ``, the - Secretary of Homeland Security,'' after ``Secretary of - Transportation''; and - (2) in section 302-- - (A) in subsection (b), in paragraphs (2), (3), and - (4) by inserting ``, territorial, tribal,'' after - ``State''; and - (B) in subsection (c)-- - (i) in paragraph (1), by inserting ``, the - Secretary of Homeland Security,'' after - ``Secretary of Transportation''; and - (ii) in paragraph (2), by inserting ``, - territorial, tribal,'' after ``State''. - -SEC. 1732. AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES. - - (a) In General.--Section 303 of the PROTECT Act (34 U.S.C. 20503) + (2) Clerical amendments.-- + (A) The table of sections at the beginning of subchapter II + of chapter 138 of title 10, United States Code, is amended by + striking the item relating to section 2350l. + (B) The table of sections at the beginning of chapter 159 + of such title is amended by striking the item relating to + section 2681. + (c) Conforming Amendments to Transferred Section 4146.--Section +4146 of such title, as transferred and redesignated by subsection (b), is amended-- - (1) in the section heading, by inserting ``and major - transportation routes'' after ``along highways''; - (2) in subsection (a)-- - (A) by inserting ``(referred to in this section as - the `Secretary')'' after ``Secretary of - Transportation''; and - (B) by inserting ``and at airports, maritime ports, - border crossing areas and checkpoints, and ports of - exit from the United States'' after ``along highways''; - (3) in subsection (b)-- - (A) in paragraph (1)-- - (i) by striking ``other motorist - information systems to notify motorists'' and - inserting ``other information systems to notify - motorists, aircraft passengers, ship - passengers, and travelers''; and - (ii) by inserting ``, aircraft passengers, - ship passengers, and travelers'' after - ``necessary to notify motorists''; and - (B) in paragraph (2)-- - (i) in subparagraph (A), by striking - ``other motorist information systems to notify - motorists'' and inserting ``other information - systems to notify motorists, aircraft - passengers, ship passengers, and travelers''; - (ii) in subparagraph (D), by inserting ``, - aircraft passengers, ship passengers, and - travelers'' after ``support the notification of - motorists''; - (iii) in subparagraph (E), by inserting ``, - aircraft passengers, ship passengers, and - travelers'' after ``motorists'', each place it - appears; - (iv) in subparagraph (F), by inserting ``, - aircraft passengers, ship passengers, and - travelers'' after ``motorists''; and - (v) in subparagraph (G), by inserting ``, - aircraft passengers, ship passengers, and - travelers'' after ``motorists''; - (4) in subsection (c), by striking ``other motorist - information systems to notify motorists'', each place it - appears, and inserting ``other information systems to notify - motorists, aircraft passengers, ship passengers, and - travelers''; - (5) by amending subsection (d) to read as follows: - ``(d) Federal Share.-- - ``(1) In general.--Except as provided in paragraph (2), the - Federal share of the cost of any activities funded by a grant - under this section may not exceed 80 percent. - ``(2) Waiver.--If the Secretary determines that American - Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the - Virgin Islands of the United States is unable to comply with - the requirement under paragraph (1), the Secretary shall waive - such requirement.''; - (6) in subsection (g)-- - (A) by striking ``In this section'' and inserting - ``In this subtitle''; and - (B) by striking ``or Puerto Rico'' and inserting - ``American Samoa, Guam, Puerto Rico, the Northern - Mariana Islands, the Virgin Islands of the United - States, and any other territory of the United States''; - and - (7) in subsection (h), by striking ``fiscal year 2004'' and - inserting ``each of fiscal years 2019 through 2023''. - (b) Technical and Conforming Amendment.--The table of contents in -section 1(b) of the PROTECT Act (Public Law 108-21) is amended by -striking the item relating to section 303 and inserting the following: + (1) in subsection (b)(3)(B)(ii), by striking ``2358, 2371, + 2511, 2539b,'' and inserting ``4001, 4002, 4831, 4892,''; and + (2) in subsection (d)(2), by striking ``section 219'' and all + that follows and inserting ``section 4103 of this title.''. + (d) Transfer of Section 2364(b) and (c).-- + (1) Heading.--Chapter 307 of title 10, United States Code, as + amended by subsection (a), is further amended by inserting after + section 4141, as transferred and redesignated by subsection (b), + the following: +``Sec. 4142. Functions of Defense research facilities''. + (2) Text.--Subsections (b) and (c) of section 2364 of such + title are transferred to chapter 307 of such title, as so amended, + inserted after the section heading for section 4142 added by + paragraph (1), and redesignated as subsections (a) and (b), + respectively. + (e) Conforming Cross-reference Amendments.-- + (1) Section 114(b) of title 10, United States Code, is amended + by striking ``section 2353'' and inserting ``section 4141''. + (2) Section 1644(f)(2) of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 + U.S.C. 2224 note) is amended by striking ``section 2368'' and + inserting ``section 4146''. +SEC. 1845. TEST AND EVALUATION. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 307, as added by the preceding section, the +following new chapter: + + ``CHAPTER 309--TEST AND EVALUATION -``Sec. 303. Grant program for notification and communications systems - along highways and major transportation - routes for recovery of abducted - children.''. +``Sec. +``4171. Operational test and evaluation of defense acquisition programs. +``4172. Major systems and munitions programs: survivability testing and + lethality testing required before full-scale production. +``4173. Department of Defense Test Resource Management Center.''. + + (b) Transfer of Title 10 Sections.--Sections 2399, 2366, and 196 of +title 10, United States Code, are transferred to chapter 309 of such +title, as amended by subsection (a), inserted after the table of +sections (in that order), and redesignated as section 4171, 4172, and +4173, respectively. + (c) Conforming Cross-reference Amendments.-- + (1) Section 139(b)(6) of title 10, United States Code, is + amended by striking ``section 2366'' and inserting ``section + 4172''. + (2) Section 171a(i)(3) of such title is amended by striking + ``section 2366(e)'' and inserting ``sections 4172(e)''. + (3) Section 2275(g)(3) of such title is amended by striking + ``section 2366(e)(7)'' and inserting ``sections 4172(e)(7)''. + (4) Section 130i(j)(3)(C)(ix) of such title is amended by + striking ``section 196(i)'' and inserting ``sections 4173(i)''. + (5) Section 4111 of such title, as transferred and redesignated + by section 503(b)(2), is amended by striking ``section 196'' in + subsection (f)(1) and inserting ``section 4173''. + (6) Section 220(c) of the National Defense Authorization Act + for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 221 note) is + amended by striking ``section 196(h)'' and inserting ``sections + 4173(i)''. + + Subtitle F--Major Systems, Major Defense Acquisition Programs, and + Weapon Systems Development + +SEC. 1846. GENERAL MATTERS. + (a) Tables of Chapters Amendments Showing Chapter Organization for +Subpart F.--The tables of chapters at the beginning of subtitle A, and +at the beginning of part V of subtitle A (as added by section 801 of +Public Law 115-232), of title 10, United States Code, are amended by +inserting before the item for the heading for subpart G of part V the +following: -SEC. 1733. AMBER ALERT COMMUNICATION PLANS IN THE TERRITORIES. + ``Subpart F--Major Systems, Major Defense Acquisition Programs, and + Weapon Systems Development - Section 304 of the PROTECT Act (34 U.S.C. 20504) is amended-- - (1) in subsection (b)(4), by inserting ``a territorial - government or'' after ``with''; - (2) by amending subsection (c) to read as follows: - ``(c) Federal Share.-- - ``(1) In general.--Except as provided in paragraph (2), the - Federal share of the cost of any activities funded by a grant - under this section may not exceed 50 percent. - ``(2) Waiver.--If the Attorney General determines that - American Samoa, Guam, the Northern Mariana Islands, Puerto - Rico, the Virgin Islands of the United States, or an Indian - tribe is unable to comply with the requirement under paragraph - (1), the Attorney General shall waive such requirement.''; and - (3) in subsection (d), by inserting ``, including - territories of the United States'' before the period at the - end. - -SEC. 1734. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. - - (a) In General.--Not later than 5 years after the date of the -enactment of this Act, the Comptroller General shall conduct a study -assessing-- - (1) the implementation of the amendments made by this Act; - (2) any challenges related to integrating the territories - of the United States into the AMBER Alert system; - (3) the readiness, educational, technological, and training - needs of territorial law enforcement agencies in responding to - cases involving missing, abducted, or exploited children; and - (4) any other related matters the Attorney General or the - Secretary of Transportation determines appropriate. - (b) Report Required.--The Comptroller General shall submit a report -on the findings of the study required under subsection (a) to-- - (1) the Committee on the Judiciary and the Committee on - Environment and Public Works of the Senate; - (2) the Committee on the Judiciary and the Committee on - Transportation and Infrastructure of the House of - Representatives; and - (3) each of the delegates or resident commissioner to the - House of Representatives from American Samoa, Guam, the - Northern Mariana Islands, Puerto Rico, and the Virgin Islands - of the United States. - (c) Public Availability.--The Comptroller General shall make the -report required under subsection (b) available on a public Government -website. - (d) Obtaining Official Data.-- - (1) In general.--The Comptroller General may secure - information necessary to conduct the study under subsection (a) - directly from any Federal agency and from any territorial - government receiving grant funding under the PROTECT Act. Upon - request of the Comptroller General, the head of a Federal - agency or territorial government shall furnish the requested - information to the Comptroller General. - (2) Agency records.--Notwithstanding paragraph (1), nothing - in this subsection shall require a Federal agency or any - territorial government to produce records subject to a common - law evidentiary privilege. Records and information shared with - the Comptroller General shall continue to be subject to - withholding under sections 552 and 552a of title 5, United - States Code. The Comptroller General is obligated to give the - information the same level of confidentiality and protection - required of the Federal agency or territorial government. The - Comptroller General may be requested to sign a nondisclosure or - other agreement as a condition of gaining access to sensitive - or proprietary data to which the Comptroller General is - entitled. - (3) Privacy of personal information.--The Comptroller - General, and any Federal agency and any territorial government - that provides information to the Comptroller General, shall - take such actions as are necessary to ensure the protection of - the personal information of a minor. +``321. General Matters +``322. Major Systems and Major Defense Acquisition Programs Generally +``323. Life-Cycle And Sustainment +``324. Program Status--Selected Acquisition Reports +``325. Cost Growth--Unit Cost Reports (Nunn-McCurdy) +``327. Weapon Systems Development and Related Matters''. - Subtitle E--Other Matters + (b) Designation of Revised Subpart F and Insertion of New Chapter +321.--Part V of subtitle A of title 10, United States Code, as added by +section 801 of the John S. McCain National Defense Authorization Act +for Fiscal Year 2019 (Public Law 115-232), is amended by inserting +before subpart G the following new subpart: -SEC. 1741. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. + ``Subpart F--Major Systems, Major Defense Acquisition Programs, and + Weapon Systems Development - (a) Title 10, United States Code.--Title 10, United States Code, is -amended as follows: - (1) Section 127e(g) is amended by striking ``Low- - Intensity'' and inserting ``Low Intensity''. - (2) Section 142 is amended-- - (A) by striking subsection (d); and - (B) by redesignating the second subsection (c) as - subsection (d). - (3) Section 192(c) is amended by striking the first - paragraph (1). - (4) Section 231 is amended-- - (A) in subsection (a)(1), by striking ``and'' after - the colon; - (B) by striking ``quadrennial defense review'' each - place it appears and inserting ``national defense - strategy''; and - (C) in subsection (f)(3), by striking ``section - 118'' and inserting ``section 113(g)''. - (5) Section 1073c(a) is amended by redesignating the second - paragraph (6) as paragraph (7). - (6) Section 1044e is amended by striking ``subsection (h)'' - each place it appears and inserting ``subsection (i)''. - (7) The table of sections at the beginning of chapter 58 is - amended by striking the item relating to section 1142 and - inserting the following: + ``CHAPTER 321--GENERAL MATTERS -``1142. Preseparation counseling; transmittal of certain records to - Department of Veterans Affairs.''. - (8) Section 1564(c)(2) is amended in the matter preceding - subparagraph (A) by striking ``in'' and inserting ``is''. - (9) The table of sections at the beginning of chapter 113 - is amended by striking ``Sec.'' each place it appears, except - for the first ``Sec.'' preceding the item relating to section - 2200g. - (10) The table of sections at the beginning of chapter 135 - is amended by striking the item relating to section 2279c. - (11) The table of sections at the beginning of chapter 142 - is amended by striking the item relating to section 2417 and - inserting the following: +``Sec. +``4201. Major defense acquisition programs: definition; exceptions. +``4202. Authority to increase definitional threshold amounts: major + defense acquisition programs; major systems. +``4203. Major subprograms. +``4204. Milestone decision authority. +``4205. Weapon systems for which procurement funding requested in + budget: development and procurement schedules. + +``Sec. 4201. Major defense acquisition programs: definition; exceptions +``Sec. 4202. Authority to increase definitional threshold amounts: + major defense acquisition programs; major systems +``Sec. 4204. Milestone decision authority''. + (c) Transfer of Subsection (a) of Section 2430.-- + (1) Headings and internal redesignations.--Subsection (a) of + section 2430 of title 10, United States Code, is transferred to + section 4201 of such title, as added by subsection (b), inserted + after the section heading, and amended-- + (A) by striking ``(1) Except as'' and inserting + ``Definition.--Except as''; + (B) by striking ``under paragraph (2)'' and inserting + ``under subsection (b)''; + (C) by striking ``in this chapter'' and inserting ``in this + part''; + (D) by redesignating paragraph (2) as subsection (b) and + striking ``In this chapter'' and inserting ``Exceptions.--In + this part''; and + (E) by redesignating subparagraphs (A) and (B) of + subsection (a) and of subsection (b), as so redesignated, as + paragraphs (1) and (2), respectively. + (2) Revisions to new section 4201(a)(2).--Subsection (a)(2) of + such section 4201, as redesignated and amended by paragraph (1), is + amended-- + (A) by striking ``to require an eventual'' and inserting + ``to require-- + ``(A) an eventual''; and + (B) by striking ``or an eventual'' and inserting ``; or + ``(B) an eventual''. + (3) Revisions to new section 4201(b).--Subsection (b) of such + section 4201, as redesignated and amended by paragraph (1)(D), is + amended-- + (A) by striking ``include--'' and inserting ``include the + following:''; + (B) by striking ``an'' at the beginning of paragraphs (1) + and (2), as redesignated by paragraph (1)(E) and inserting + ``An''; and + (C) by striking ``; or'' at the end of paragraph (1), as so + redesignated, and inserting a period. + (d) Transfer of Subsections (b) and (c) of Section 2430.-- + (1) Transfer and internal redesignations.--Subsections (b) and + (c) of section 2430 of title 10, United States Code, are + transferred to section 4202 of such title, as added by subsection + (b), inserted after the section heading, and amended-- + (A) by redesignating subsection (b) as subsection (a); + (B) by striking the second sentence of that subsection; and + (C) by redesignating subsection (c) as paragraph (2), + realigning that paragraph 2 ems to the right, and redesignating + paragraphs (1), (2), (3), and (4) therein as subparagraphs (A), + (B), (C), and (D), respectively. + (2) Subsection (a) of such section, as so redesignated, is + further amended-- + (A) by striking ``The Secretary'' and inserting + ``Adjustments to Thresholds for Major Defense Acquisition + Programs.-- + ``(1) Authority.--The Secretary''; + (B) by striking ``in subsection (a)(1)(B)'' and inserting + ``in section 4201(a)(2) of this title''; + (C) in paragraph (2), as redesignated by paragraph (1)(C)-- + (i) by inserting ``Matters to be considered.--'' before + ``For purposes of''; + (ii) by striking ``subsection (a)(1)(B)'' and inserting + ``section 4201(a)(2) of this title''; + (iii) in subparagraph (B), as redesignated by paragraph + (1)(C), by striking ``section 2366a(a)(6)'' and inserting + ``section 4251(a)(6)''; + (iv) in subparagraph (C), as so redesignated, by + striking ``section 2366b(a)(1)(C)'' and inserting ``section + 4252(a)(1)(C)''; and + (v) in subparagraph (D), as so redesignated, by + striking ``section 2435'' and inserting ``section 4214''. + (e) Transfer of Subsection (c) of Section 2302d.-- + (1) Transfer and internal redesignations.--Subsection (c) of + section 2302d of title 10, United States Code, is transferred to + section 4202 of such title, as added by subsection (b), inserted + after subsection (a) of that section, as transferred and amended by + subsection (d), and amended-- + (A) by redesignating such subsection as subsection (b); and + (B) by redesignating paragraph (3) thereof as subsection + (c). + (2) Amendments to new 4202(b).--Subsection (b) of section 4202 + of such title, as so transferred and redesignated, is amended-- + (A) by striking ``Adjustment authority.--(1) The + Secretary'' and inserting ``Adjustment Authority for Major + Systems.-- + ``(1) Authority.--The Secretary''; + (B) by striking ``subsection (a)'' and inserting ``section + 3041(c)(1) of this title''; and + (C) by realigning paragraph (2) 2 ems from the left margin + and inserting ``Rounding.--'' in that paragraph after ``(2)''. + (3) Amendments to new 4202(c).--Subsection (c) of section 4202 + of such title, as redesignated by paragraph (1), is amended-- + (A) by inserting ``Notification to Congressional + Committees.--'' before ``An adjustment''; and + (B) by striking ``under this subsection'' and inserting + ``under subsection (a) or (b)''. + (f) Transfer of Subsection (d) of Section 2430.-- + (1) Transfer and internal redesignations.--Subsection (d) of + section 2430 of title 10, United States Code, is transferred to + section 4204 of such title, as added by subsection (b), inserted + after the section heading, and amended by striking the subsection + designation and redesignating paragraphs (1), (2), (3), (4), and + (5) as subsections (a), (b), (c), (d), and (f), respectively. + (2) Amendments to new section 4204(a).--Subsection (a) of such + section 4204, as transferred and redesignated by paragraph (1), is + amended-- + (A) by inserting ``Service Acquisition Executive.--'' + before ``The milestone''; and + (B) by striking ``under paragraph (2)'' and inserting + ``under subsection (b)''. + (3) Amendments to new section 4204(b).--Subsection (b) of such + section 4204, as redesignated by paragraph (1), is amended-- + (A) by inserting ``Designation of Alternate Milestone + Decision Authority.--'' before ``The Secretary''; + (B) by striking ``to which--'' and inserting ``to which any + of the following applies:''; + (C) by redesignating subparagraphs (A) through (E) as + paragraphs (1) through (5), respectively; + (D) in paragraph (1), as so redesignated, by striking + ``subject to paragraph (5)'' and inserting ``Subject to + subsection (f)''; + (E) in paragraph (3), as so redesignated, by striking + ``section 2433'' and inserting ``sections 4371 through 4375''; + (F) by striking ``the'' at the beginning of paragraphs (2), + (3), (4), and (5), as so redesignated, and inserting ``The''; + (G) by striking the semicolon at the end of paragraphs (1), + (2), and (3), as so redesignated, and inserting a period; and + (H) by striking ``; or'' at the end of paragraph (4), as so + redesignated, and inserting a period. + (4) Amendments to new section 4204(c).--Subsection (c) of + section 4204 of such title, as so redesignated, is amended-- + (A) by striking ``(A) After designating'' and inserting + ``Reversion to Service Acquisition Executive.-- + ``(1) After designating''; + (B) by striking ``under paragraph (2)'' and inserting + ``under subsection (b)''; and + (C) by redesignating subparagraph (B) as paragraph (2), + realigning that paragraph 2 ems from the left margin, and + striking ``section 2433'' and inserting ``sections 4371 through + 4375''. + (5) Amendments to new section 4204(d).--Subsection (d) of + section 4204 of such title, as so redesignated, is amended-- + (A) by striking ``(A) For each'' and inserting + ``Certifications relating to program requirements and + funding.--For each''; + (B) by redesignating subparagraph (B) as subsection (e); + (C) by striking ``under section 2432 of this title, certify + that'' and inserting ``under sections 4351 through 4358 of this + title-- + ``(1) certify that''; and + (D) by striking ``the program and identify and report'' and + inserting ``the program; and + ``(2) identify and report''. + (6) Amendments to new section 4204(e).--Subsection (e) of + section 4204 of such title, as redesignated by paragraph (5)(B), is + amended-- + (A) by inserting ``Documentation and Oversight--'' before + ``The Secretary of Defense''; + (B) by striking ``programs and shall limit outside + requirements'' and inserting ``programs and shall-- + ``(1) limit outside requirements''; and + (C) by striking ``decision authority and ensure that'' and + inserting ``decision authority; and + ``(2) ensure that''. + (7) Amendments to new section 4204(f).--Subsection (f) of + section 4204 of such title, as redesignated by paragraph (1), is + amended-- + (A) by inserting ``Limitation on Authority to Designate + Alternative MDA for Programs Addressing Joint Requirements.--'' + before ``The authority of''; and + (B) by striking ``in paragraph (2)(A)'' and inserting ``in + subsection (b)(1)''. + (8) Conforming repeal.--Section 2430 of title 10, United States + Code, is repealed. + (g) Transfer of Section 2430a.--Section 2430a of such title is +transferred to chapter 321 of such title, as added by subsection (b), +inserted after section 4202, redesignated as section 4203, and +amended-- + (1) by striking ``section 2432(a)'' in subsection (d) and + inserting ``section 4351''; and + (2) by striking ``this chapter'' each place it appears and + inserting ``this subpart''. + (h) Transfer of Section 2431.-- + (1) Section 2431 of such title is transferred to chapter 321, + as added by subsection (b), added at the end, and redesignated as + section 4205. + (2) The heading of such section is amended to read as follows: +``Sec. 4205. Weapon systems for which procurement funding requested in + budget: development and procurement schedules''. + (i) Cross References.--The following provisions of law are amended +by striking ``section 2430'' or ``section 2430(a)'', as the case may +be, and inserting ``section 4201'': + (1) Section 139(a)(2)(B) of title 10, United States Code. + (2) Section 189(c)(1) of such title. + (3) Section 1706(c)(1) of such title. + (4) Sections 1731(b)(1)(B)(ii) and 1737(a)(3) of such title. + (5) Section 2275(g)(2) of such title. + (6) Section 141(a) of the Bob Stump National Defense + Authorization Act for Fiscal Year 2003 (Public Law 107-314; 50 + U.S.C. 1521a). +SEC. 1847. MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS +GENERALLY. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 321, as added by the preceding section, the +following new chapter: + + ``CHAPTER 322--MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS + GENERALLY + +``Subchapter + Sec. +``I. Management................................................... 4211 + +``II. Contracting................................................. 4231 + +``III. Milestones for Major Defense Acquisition Programs.......... 4251 + +``IV. Additional Provisions Applicable Specifically to Major +Defense Acquisition Programs...................................... 4271 + +``III. Contractors................................................ 4291 + + ``SUBCHAPTER I--MANAGEMENT -``2417. Administrative and other costs.''. - (12) The table of sections at the beginning of chapter 152 - is amended by striking the item relating to section 2568a and - inserting the following: +``Sec. +``4211. Acquisition strategy. +``4212. Risk management and mitigation. +``4213. [Reserved]. +``4214. Baseline description. +``4215. [Reserved]. +``4216. [Reserved]. +``4217. [Reserved]. +``4218. [Reserved]. -``2568a. Damaged personal protective equipment: award to members - separating from the Armed Forces and - veterans.''. - (13) Section 2417(2) is amended by striking ``entities -'' - and inserting ``entities--''. - (14) Section 2641b(a)(3)(B) is amended by striking - ``subsection (c)(5)'' and inserting ``subsection (c)(6)''. - (15) Section 2804(b) is amended in the third sentence by - striking ``; and''. - (16) Section 2890(e)(2) is amended by inserting ``a'' - before ``landlord'' in the matter preceding subparagraph (A). - (17) Section 2891(e)(1) is amended-- - (A) by inserting ``unit'' after ``housing'' the - third place it appears; and - (B) in subparagraph (B), by inserting ``the'' - before ``tenant''. - (18) Section 2891a is amended-- - (A) in subsection (b), by adding a period at the - end of paragraph (2); and - (B) in subsection (e)(2)(B), by striking ``the'' - before ``any basic''. - (19) Section 2894(c)(3) is amended by inserting ``, the - office'' after ``installation housing management office''. - (b) Title 38, United States Code.--Section 1967(a)(3)(D) of title -38, United States Code, is amended in the matter preceding clause (i) -by inserting a comma after ``theater of operations''. - (c) NDAA for Fiscal Year 2019.--Effective as of August 13, 2018, -and as if included therein as enacted, the John S. McCain National -Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is -amended as follows: - (1) Section 226(b)(3)(C) (132 Stat. 1686) is amended by - striking ``commercial-off the-shelf'' and inserting - ``commercially available off-the-shelf items (as defined in - section 104 of title 41, United States Code) that may serve - as''. - (2) Section 809(b)(3) (132 Stat. 1840) is amended by - striking ``Section 598(d)(4) of the National Defense - Authorization Act of for Fiscal Year 2010 (Public Law 111-84; - 10 U.S.C. 1561 note)'' and inserting ``Section 563(d)(4) of the - Duncan Hunter National Defense Authorization Act for Fiscal - Year 2009 (Public Law 110-417; 10 U.S.C. 1561 note)''. - (3) Section 836(a)(2)(B) (132 Stat. 1860) is amended by - inserting ``of such title'' after ``Section 104(1)(A)''. - (4) Section 836(c)(8) is amended by striking subparagraphs - (A) and (B) and inserting the following new subparagraphs: - ``(A) by striking `commercial items' and inserting - `commercial products'; and - ``(B) by striking `the item' both places it appears - and inserting `commercial product'.''. - (5) Section 889(f) (132 Stat. 1918) is amended by striking - ``appropriate congressional committees''' and inserting - ``appropriate congressional committees''. - (6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 132 Stat. - 2080) is amended by striking ``improve'' and inserting - ``improved''. - (7) Section 1757(a) (50 U.S.C. 4816; 132 Stat. 2218) is - amended by inserting ``to persons'' before ``who are - potential''. - (8) Section 1759(a)(2) (50 U.S.C. 4818; 132 Stat. 2223) is - amended by striking the semicolon at the end and inserting a - period. - (9) Section 1763(c) (50 U.S.C. 4822; 132 Stat. 2231) is - amended by striking ``December 5, 1991'' and inserting - ``December 5, 1995''. - (10) Section 1773(b)(1) (50 U.S.C. 4842; 132 Stat. 2235) is - amended by striking ``section 1752(1)(D)'' and inserting - ``section 1752(2)(D)''. - (11) Section 1774(a) (50 U.S.C. 4843; 132 Stat. 2237) is - amended in the matter preceding paragraph (1) by inserting - ``under'' before ``section 1773''. - (12) Section 2827(b)(1) (132 Stat. 2270) is amended by - inserting ``in the matter preceding the paragraphs'' after - ``amended''. - (d) NDAA for Fiscal Year 2016.--Effective as of December 23, 2016, -and as if included therein as enacted, section 856(a)(1) the National -Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 -U.S.C. 2377 note) is amended by inserting ``United States Code,'' after -``title 41,''. - (e) Coordination With Other Amendments Made by This Act.--For -purposes of applying amendments made by provisions of this Act other -than this section, the amendments made by this section shall be treated -as having been enacted immediately before any such amendments by other -provisions of this Act. + ``SUBCHAPTER II--CONTRACTING + +``Sec. +``4231. Major systems: determination of quantity for low-rate initial + production. +``4232. Use of lowest price technically acceptable source selection + process: prohibition. +``4233. [Reserved]. +``4234. [Reserved]. +``4235. [Reserved]. +``4236. Negotiation of price for technical data before development, + production, or sustainment of major weapon systems. + + ``SUBCHAPTER III--MILESTONES FOR MAJOR DEFENSE ACQUISITION PROGRAMS + +``Sec. +``4251. Major defense acquisition programs: determination required + before Milestone A approval. +``4252. Major defense acquisition programs: certification required + before Milestone B approval. +``4253. Major defense acquisition programs: submissions to Congress on + Milestone C. +``4254. [Reserved]. -SEC. 1742. ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU TO THE LIST - OF OFFICERS PROVIDING REPORTS OF UNFUNDED PRIORITIES. +``SUBCHAPTER IV--ADDITIONAL PROVISIONS APPLICABLE SPECIFICALLY TO MAJOR + DEFENSE ACQUISITION PROGRAMS - Section 222a(b) of title 10, United States Code, is amended-- - (1) by redesignating paragraph (5) as paragraph (6); and - (2) by inserting after paragraph (4) the following new - paragraph: - ``(5) The Chief of the National Guard Bureau.''. +``Sec. +``4271. Program cost, fielding, and performance goals in planning major + defense acquisition programs. +``4272. Independent technical risk assessments. +``4273. Performance assessments and root cause analyses. +``4274. Acquisition-related functions of chiefs: adherence to + requirements in major defense acquisition programs. +``4275. [Reserved]. +``4276. [Reserved]. -SEC. 1743. ACCEPTANCE OF PROPERTY BY MILITARY ACADEMIES AND MUSEUMS. + ``SUBCHAPTER V--CONTRACTORS - (a) Acceptance of Property.--Section 2601 of title 10, United -States Code, is amended-- - (1) in subsection (a)(2), by inserting after subparagraph - (B) the following new subparagraph: - ``(C) The Secretary concerned may display, at a military museum, -recognition for an individual or organization that contributes money to -a nonprofit entity described in subparagraph (A), or an individual or -organization that contributes a gift directly to the armed force -concerned for the benefit of a military museum, whether or not the -contribution is subject to the condition that recognition be provided. -The Secretary of Defense shall prescribe uniform regulations governing -the circumstances under which contributor recognition may be provided, -appropriate forms of recognition, and suitable display standards.''; -and - (2) in subsection (e)(1)-- - (A) by inserting ``or personal'' after ``real'' - both places it appears; and - (B) by striking ``or the Coast Guard Academy'' and - inserting ``the Coast Guard Academy, the National - Defense University, the Defense Acquisition University, - the Air University, the Army War College, the Army - Command and General Staff College, the Naval War - College, the Naval Postgraduate School, or the Marine - Corps University''. - (b) Lease of Non-Excess Property to Military Museums.-- - (1) In general.--Section 2667 of title 10, United States - Code, is amended-- - (A) in subsection (b)-- - (i) in paragraph (7), by striking ``and'' - at the end; - (ii) in paragraph (8), by striking the - period at the end and inserting ``; and''; and - (iii) by adding at the end the following - new paragraph: - ``(9) in the case of a lease of a museum facility to a - museum foundation, may provide for use in generating revenue - for activities of the museum facility and for such - administrative purposes as may be necessary to support the - facility.''; - (B) in subsection (i), by adding at the end the - following new paragraph: - ``(6) The term `museum foundation' means any entity-- - ``(A) qualifying as an exempt organization under - section 501(c)(3) of the Internal Revenue Code of 1986; +``Sec. +``4291. [Reserved]. +``4292. Contracts: limitations on lead system integrators. +``4293. Major defense acquisition programs: incentive program for + contractors to purchase capital assets manufactured in United + States.''. + + (b) Subchapter I (management).-- + (1) Transfer of section 2431a.-- + (A) Transfer.--Section 2431a of 10, United States Code, is + transferred to chapter 322, as added by subsection (a), + inserted after the table of sections at the beginning of + subchapter I, and redesignated as section 4211. + (B) Conforming cross-reference amendments.--Such section is + amended-- + (i) in subsection (c)(2)-- + + (I) in subparagraph (D), by striking ``section + 2337'' and inserting ``section 4324''; + (II) in subparagraph (F), by striking ``section + 2320'' and inserting ``sections 3771 through 3775''; + and + (III) in subparagraph (H), by striking ``section + 2306b'' and inserting ``sections 3501 through 3511''; and - ``(B) incorporated for the primary purpose of - supporting a Department of Defense museum.''; and - (C) in subsection (k)-- - (i) in the subsection heading, by inserting - ``and Museums'' after ``Leases for Education''; - and - (ii) by inserting ``or to a museum - foundation'' before the period at the end. - (2) Repeals.-- - (A) Lease or license of united states navy museum - facilities at washington navy yard, district of - columbia.--The National Defense Authorization Act for - Fiscal Year 2006 (Public Law 109-163) is amended by - striking section 2852. - (B) Lease of facility to marine corps heritage - foundation.--Section 2884 of the Floyd D. Spence - National Defense Authorization Act for Fiscal Year 2001 - (Public Law 106-398; 114 Stat. 1654A-440) is amended by - striking subsection (e). - -SEC. 1744. REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC PARTNERSHIP - PROGRAM. - (a) National Oceanographic Partnership Program.--Section 8931 of -title 10, United States Code, is amended to read as follows: + (ii) in subsection (e)-- -``SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM. + (I) in paragraph (4), by striking ``section + 2366(e)(7)'' and inserting ``section 4172(e)(7)''; + (II) in paragraph (7), by striking ``section + 2433(a)(4)'' and inserting ``section 4371(a)(2)''; and + (III) in paragraph (8), by striking ``section + 2433(a)(5)'' and inserting ``section 4371(a)(3)''. - ``(a) Establishment.--The Secretary of the Navy shall establish a -program to be known as the `National Oceanographic Partnership -Program'. - ``(b) Purposes.--The purposes of the program are as follows: - ``(1) To promote the national goals of assuring national - security, advancing economic development, protecting quality of - life, ensuring environmental stewardship, and strengthening - science education and communication through improved knowledge - of the ocean. - ``(2) To coordinate and strengthen oceanographic efforts in - support of those goals by-- - ``(A) creating and carrying out partnerships among - Federal agencies, academia, industry, and other members - of the oceanographic community in the areas of science, - data, resources, education, and communication; and - ``(B) accepting, planning, and executing - oceanographic research projects funded by grants, - contracts, cooperative agreements, or other vehicles as - appropriate, that contribute to assuring national - security, advancing economic development, protecting - quality of life, ensuring environmental stewardship, - and strengthening science education and communication - through improved knowledge of the ocean.''. - (b) Ocean Policy Committee.-- - (1) In general.--Section 8932 of such title is amended to - read as follows: -``Sec. 8932. Ocean Policy Committee - ``(a) Committee.--There is established an Ocean Policy Committee -(hereinafter referred to as the `Committee'). The Committee shall -retain the membership, co-chairs, and subcommittees outlined in -Executive Order No. 13840. - ``(b) Responsibilities.--The Committee shall continue the -activities of that Committee as it was in existence on the day before -the date of the enactment of the National Defense Authorization Act for -Fiscal Year 2021. In discharging its responsibilities and to assist in -the execution of the activities delineated in this subsection, the -Committee may delegate to a subcommittee, as appropriate. The Committee -shall-- - ``(1) prescribe policies and procedures to implement the - National Oceanographic Partnership Program; - ``(2) engage and collaborate, pursuant to existing laws and - regulations, with stakeholders, including regional ocean - partnerships, to address ocean-related matters that may require - interagency or intergovernmental solutions; - ``(3) facilitate coordination and integration of Federal - activities in ocean and coastal waters to inform ocean policy - and identify priority ocean research, technology, and data - needs; and - ``(4) review, select, and identify partnership projects for - implementation under the program, based on-- - ``(A) whether the project addresses important - research objectives or operational goals; - ``(B) whether the project has, or is designed to - have, appropriate participation within the - oceanographic community of public, academic, - commercial, private participation or support; - ``(C) whether the partners have a long-term - commitment to the objectives of the project; - ``(D) whether the resources supporting the project - are shared among the partners; and - ``(E) whether the project has been subjected to - adequate review according to each of the supporting - agencies. - ``(c) Annual Report and Briefing.--(1) Not later than March 1 of -each year, the Committee shall post a report on the National -Oceanographic Partnership Program on a publicly available website and -brief-- - ``(A) the Committee on Commerce, Science, and - Transportation of the Senate; - ``(B) the Committee on Armed Services of the Senate; - ``(C) the Committee on Natural Resources of the House of - Representatives; - ``(D) the Committee on Science, Space, and Technology of - the House of Representatives; and - ``(E) the Committee on Armed Services of the House of - Representatives. - ``(2) The report and all briefing materials shall be posted to a -publicly available website not later than 30 days after the briefing. - ``(3) The report and briefing shall include the following: - ``(A) A description of activities of the program carried - out during the prior fiscal year. - ``(B) A general outline of the activities planned for the - program during the current fiscal year. - ``(C) A summary of projects, partnerships, and - collaborations, including the Federal and non-Federal sources - of funding, continued from the prior fiscal year and projects - expected to begin during the current and subsequent fiscal - years, as required in the program office report outlined in - section 8932(f)(2)(C) of this title. - ``(D) The amounts requested in the budget submitted to - Congress pursuant to section 1105(a) of title 31 for the - subsequent fiscal year, for the programs, projects, activities - and the estimated expenditures under such programs, projects, - and activities, to execute the National Oceanographic - Partnership Program. - ``(E) A summary of national ocean research priorities - informed by the Ocean Research Advisory Panel required in - section 8933(b)(4) of this title. - ``(F) A list of the members of the Ocean Research Advisory - Panel described in section 8933(a) of this title and any - working groups described in section 8932(f)(2)(A) of this title - in existence during the fiscal years covered. - ``(d) National Oceanographic Partnership Fund.--(1) There is -established in the Treasury a separate account to be known as the -National Oceanographic Partnership Program Fund to be jointly managed -by the Secretary of the Navy, the Administrator of the National Oceanic -and Atmospheric Administration, and any other Federal agency that -contributes amounts to the Fund. - ``(2) Amounts in the Fund shall be available to the National -Oceanic Partnership Program without further appropriation to remain -available for up to 5 years from the date contributed or until expended -for the purpose of carrying out this section. - ``(3) There is authorized to be credited to the Fund the following: - ``(A) Such amounts as determined appropriate to be - transferred to the Fund by the head of a Federal agency or - entity participating in the National Oceanographic Partnership - Program. - ``(B) Funds provided by a State, local government, tribal - government, territory, or possession, or any subdivisions - thereof. - ``(C) Funds contributed by-- - ``(i) a non-profit organization, individual, or - Congressionally-established foundation; and - ``(ii) by private grants, contracts, and donations. - ``(4) For the purpose of carrying out this section, as directed by -the Committee, departments or agencies represented on the Committee may -enter into contracts, make grants, including transactions authorized by -paragraph (5), and may transfer funds available to the National -Oceanographic Partnership Program under paragraph (3) to participating -departments and agencies for such purposes. - ``(5) The Committee or any participating Federal agency or entity -may enter into an agreement to use, with or without reimbursement, the -land, services, equipment, personnel, and facilities of any department, -agency, or instrumentality of the United States, or of any State, local -government, Indian tribal government, Territory, District of Columbia, -or possession, or of any political subdivision thereof, or of any -foreign government or international organization or individual, for the -purpose of carrying out this section. - ``(e) Establishment and Forms of Partnership Projects.--A -partnership project under the National Oceanographic Partnership -Program-- - ``(1) may be established by any instrument that the - Committee considers appropriate; and - ``(2) may include demonstration projects. - ``(f) Partnership Program Office.--(1) The Secretary of the Navy -and Administrator of the National Oceanic and Atmospheric -Administration shall jointly establish a partnership program office for -the National Oceanographic Partnership Program. Competitive procedures -will be used to select an external operator for the partnership program -office. - ``(2) The Committee will monitor the performance of the duties of -the partnership program office, which shall consist of the following: - ``(A) To support working groups established by the - Committee or subcommittee and report working group activities - to the Committee, including working group proposals for - partnership projects. - ``(B) To support the process for proposing partnership - projects to the Committee, including, where appropriate, - managing review of such projects. - ``(C) To submit to the Committee and make publicly - available an annual report on the status of all partnership - projects, including the Federal and non-Federal sources of - funding for each project, and activities of the office. - ``(D) To perform any additional duties for the - administration of the National Oceanographic Partnership - Program that the Committee considers appropriate.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 893 of title 10, United States Code, is - amended by striking the item relating to section 8932 and - inserting the following new item: + (C) Definitions.--Subsection (e) of such section is further + amended-- + (i) by striking paragraphs (1) and (2); and + (ii) redesignating paragraphs (3) through (10) (as + amended by subparagraph (B)(ii)) as paragraphs (1) through + (8), respectively; + (2) Transfer of section 2440.-- + (A) Transfer.--The text of section 2440 of title 10, United + States Code, is transferred to section 4211 of such title, as + transferred and redesignated by paragraph (1), inserted at the + end of subsection (c), designated as paragraph (3), and amended + by striking ``section 2501'' and inserting ``section 4811''. + (B) Cross-reference.--Subsection (c)(2)(B) of such section + 4211 is amended by striking ``section 2440 of this title'' and + inserting ``paragraph (3)''; + (3) Transfer of section 2431b.--Section 2431b of such title is + transferred to chapter 322 of such title, as added by subsection + (a), inserted after section 4211, as transferred and redesignated + by paragraph (1) and amended by paragraph (2), redesignated as + section 4212, and amended-- + (A) in subsection (a), by striking ``section 2431a'' and + inserting ``section 4211''; and + (B) in subsection (d)-- + (i) by striking ``Definitions.--'' and all that follows + through ``The term'' and inserting ``Concurrency Defined.-- + In this section, the term''; and + (ii) by striking paragraph (2). + (4) Transfer of section 2435.--Section 2435 of title 10, United + States Code, is transferred to chapter 322 of such title, as added + by subsection (a), inserted after section 4212, as transferred and + redesignated by paragraph (3), redesignated as section 4214, and + amended-- + (A) in subsections (a)(2) and (d)(2), by striking ``section + 2433'' and inserting ``sections 4371 through 4375''; and + (B) in subsection (d)-- + (i) in paragraph (1), by striking ``In this chapter'' + and inserting ``In this subpart''; + (ii) in paragraph (2), by striking ``subsection (d) of + such section'' and inserting ``section 4374 of this + title''; and + (iii) in paragraph (3), by striking ``section 2432'' + and inserting ``sections 4351 through 4358''. + (c) Subchapter Ii (contracting).-- + (1) Transfer of section 2400.-- + (A) Section 2400 of title 10, United States Code, is + transferred to chapter 322 of such title, as added by + subsection (a), inserted after the table of sections at the + beginning of subchapter II, redesignated as section 4231, and + amended-- + (i) in subsection (a)(5), by striking ``section 2432'' + and inserting ``sections 4351 through 4358''; and + (ii) in subsection (b)(1), by striking ``section 2399'' + and inserting ``section 4171''. + (B) The heading of such section is amended to read as + follows: +``Sec. 4231. Major systems: determination of quantity for low-rate + initial production''. + (2) Transfer of section 2442.--Section 2442 of such title is + transferred to chapter 322 of such title, as added by subsection + (a), inserted after section 4231, as transferred and redesignated + by paragraph (1), redesignated as section 4232, and amended in + subsection (b) by striking paragraph (2) and redesignating + paragraph (3) as paragraph (2). + (3) Transfer of section 2439.--Section 2439 of title 10, United + States Code, is transferred to chapter 322, as added by subsection + (a), inserted after section 4232, as transferred and redesignated + by paragraph (2), and redesignated as section 4236. + (d) Subchapter Iii (milestones).-- + (1) Transfer of section 2366a.-- + (A) Transfer.--Section 2366a of title 10, United States + Code, is transferred to chapter 322 of such title, as added by + subsection (a), inserted after the table of sections at the + beginning of subchapter III, and redesignated as section 4251. + (B) Amendments to subsection (b).--Subsection (b) of such + section is amended-- + (i) in paragraph (4), by striking ``section + 2448b(a)(1)'' and inserting ``section 4272(a)(1)''; and + (ii) in paragraph (8), by striking ``subchapter II of + chapter 144B'' and inserting ``subchapter II of chapter + 327''. + (C) Amendments to subsection (c).--Subsection (c)(1) of + such section is amended-- + (i) in subparagraph (A), by striking ``section + 2448a(a)'' and inserting ``section 4271(a)''; + (ii) in subparagraph (C), by striking ``section + 2334(a)(6)'' and inserting ``section 3221(b)(6)''; and + (iii) in subparagraph (E), by striking ``section + 2448b'' and inserting ``section 4272''. + (D) Amendments to subsection (d).--Subsection (d) of such + section is amended-- + (i) by striking paragraphs (1) and (6) and + redesignating paragraphs (2), (3), (4), (5), (7), (8), (9), + and (10) as paragraphs (1), (2), (3), (4), (5), (6), (7), + and (8), respectively; + (ii) in paragraph (3) (as so redesignated), by striking + ``section 2366(e)(7)'' and inserting ``section + 4172(e)(7)''; + (iii) in paragraph (6) (as so redesignated), by + striking ``section 2448a(a)'' and inserting ``section + 4271(a)''; and + (iv) in paragraph (7) (as so redesignated), by striking + ``section 2446a(b)(3)'' and inserting ``section + 4401(b)(3)''. + (2) Transfer of section 2366b.-- + (A) Transfer.--Section 2366b of title 10, United States + Code, is transferred to chapter 322 of such title, inserted + after section 4251, as transferred and redesignated by + paragraph (1), and redesignated as section 4252. + (B) Amendments to subsection (a).--Subsection (a) of such + section is amended-- + (i) in paragraph (2), by striking ``section 2448b'' and + inserting ``section 4272''; and + (ii) in paragraph (3)-- + + (I) in subparagraph (D), by striking ``section + 2435'' and ``section 2448a(a)'' and inserting ``section + 4214 of this title'' and ``section 4271(a)'', + respectively; and + (II) in subparagraph (N), by striking ``section + 2446b(e)'' and inserting ``section 4402(e)''. + + (C) Amendments to subsection (c).--Subsection (c) of such + section is amended-- + (i) in paragraph (1)-- + + (I) in subparagraph (A), by striking ``section + 2448a(a)'' and inserting ``section 4271(a)''; + (II) in subparagraph (C), by striking ``section + 2334(a)(6)'' and inserting ``section 3221(b)(6)''; and + (III) in subparagraph (E), by striking ``section + 2448b'' and inserting ``section 4272''; and + + (ii) in paragraph (2)(A), by striking ``section 2432'' + and inserting ``sections 4351 through 4358''. + (D) Amendments to subsection (d).--Subsection (d)(3) of + such section is amended by striking ``section 2433a(c)'' and + inserting ``section 4377''. + (E) Amendments to subsection (g).--Subsection (g) of such + section is amended-- + (i) by striking paragraphs (1) and (2) and + redesignating paragraphs (3), (4), (5), (6), (7), and (8) + as paragraphs (1), (2), (3), (4), (5), and (6), + respectively; + (ii) in paragraph (2) (as so redesignated), by striking + ``section 2366(e)(7)'' and inserting ``section + 4172(e)(7)''; + (iii) in paragraph (4) (as so redesignated), by + striking ``section 2448a(a)'' and inserting ``section + 4271(a)''; and + (iv) in paragraph (5) (as so redesignated), by striking + ``section 2446a(b)(3)'' and inserting ``section + 4401(b)(3)''. + (3) Transfer of section 2366c.--Section 2366c of title 10, + United States Code, is transferred to chapter 322 of such title, + inserted after section 4252, as transferred and redesignated by + paragraph (3), redesignated as section 4253, and amended by + striking ``section 2334(a)(6)'' in subsection (a)(2) and inserting + ``section 3221(b)(6)''. + (e) Subchapter Iv (additional Provisions Applicable Specifically to +Mdaps).-- + (1) Transfer of section 2448a.--Section 2448a of title 10, + United States Code, is transferred to chapter 322 of such title, + inserted after the table of sections at the beginning of subchapter + IV, redesignated as section 4271, and amended-- + (A) in subsection (b)(1), by striking ``section + 2432(a)(2)'' and inserting ``section 4351(2)''; and + (B) in subsection (b)(2), by striking ``section + 2366a(d)(2)'' and inserting ``section 4251(d)(1)''. + (2) Transfer of section 2448b.--Section 2448b of title 10, + United States Code, is transferred to chapter 322 of such title, + inserted after section 4271, as transferred and redesignated by + paragraph (1), redesignated as section 4272, and amended-- + (A) in subsection (a)(1), by striking ``section 2366a'' and + inserting ``section 4251''; and + (B) in subsection (a)(2), by striking ``section 2366b'' and + inserting ``section 4252''. + (3) Transfer of section 2438.--Section 2438 of title 10, United + States Code, is transferred to chapter 322 of such title, inserted + after section 4272, as transferred and redesignated by paragraph + (2), redesignated as section 4273, and amended-- + (A) in subsection (b)(2), by striking ``section + 2433a(a)(1)'' and inserting ``4376(a)(1)''; and + (B) in subsections (b)(5)(A) and (d), by striking ``section + 2433a'' and inserting ``sections 4736 and 4377''. + (4) Transfer of section 2547(b).-- + (A) New section.--Chapter 322 of title 10, United States + Code, as added by subsection (a), is further amended by + inserting after section 4273, as transferred and redesignated + by paragraph (3), the following new section: +``Sec. 4274. Acquisition-related functions of chiefs of the armed + forces: adherence to requirements in major defense acquisition + programs''. + (B) Transfer.--Subsection (b) of section 2547 of such title + is transferred to section 4274 of such title, as added by + subparagraph (A), inserted after the section heading, and + amended-- + (i) by redesignating such subsection as subsection (a); + and + (ii) by redesignating paragraph (2) as subsection (b). + (C) Amendments to new section 4274(a).--Subsection (a) of + such section 4274, as so transferred and redesignated, is + amended-- + (i) by striking ``Adherence to'' and all that follows + through ``(1)'' and inserting ``Role of Service Chiefs in + Program Capability Document Approval.--''; and + (ii) by striking ``section 2448a(a)'' and inserting + ``4271(a)''. + (D) Amendments to new section 4274(b).--Subsection (b) of + such section 4274, as redesignated by subparagraph (B)(ii), is + amended-- + (i) by inserting ``Role of Service Chiefs in Material + Development Decision and Acquisition System Milestones.--'' + before ``Consistent with''; + (ii) by striking ``under subsection (a)'' and inserting + ``under section 3053 of this title''; + (iii) by redesignating subparagraphs (A), (B), (C), and + (D) as paragraphs (1), (2), (3), and (4), respectively; + (iv) in paragraph (2), as so redesignated, by striking + ``section 2366a'' and inserting ``section 4251''; and + (v) in paragraph (3), as so redesignated, by striking + ``section 2366b'' and inserting ``section 4252''. + (5) Restatement of section 2547(c) & (d)(3).--Such section 4274 + is further amended by adding at the end-- + (A) a new subsection (c) identical to section 2547(c) of + such title, as in effect on the day before the effective date + of this section; and + (B) a new subsection (d) as follows: + ``(d) Program Capability Document Defined.--In this section, the +term `program capability document' has the meaning provided that term +in section 4401(b)(5) of this title.''. + (6) Cross-reference amendments.-- + (A) Section 131(b)(8) of title 10, United States Code, is + amended by striking ``section 2438(a)'' in the last + subparagraph and inserting ``section 4273(a)''. + (B) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and + 9033(d)(5) of such title are amended by striking ``and 2547'' + and inserting ``, 3103, and 4274''. + (f) Subchapter V (contractors).-- + (1) Transfer of section 2410p.--Section 2410p of title 10, + United States Code, is transferred to subchapter V of chapter 322, + as added by subsection (a), inserted after the table of sections, + and redesignated as section 4292. + (2) Transfer of section 2436.--Section 2436 of such title is + transferred to chapter 322 of such title, inserted after section + 4292, as added by paragraph (1), and redesignated as section 4293. +SEC. 1848. LIFE-CYCLE AND SUSTAINMENT. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 322, as added by the preceding section, the +following new chapter: + + ``CHAPTER 323--LIFE-CYCLE AND SUSTAINMENT -``8932. Ocean Policy Committee.''. - (c) Ocean Research Advisory Panel.--Section 8933 of such title is -amended to read as follows: -``Sec. 8933. Ocean Research Advisory Panel - ``(a) Establishment.--(1) The Committee shall establish an Ocean -Research Advisory Panel consisting of not less than 10 and not more -than 18 members appointed by the Co-chairs, including the following: - ``(A) Three members who will represent the National - Academies of Sciences, Engineering, and Medicine. - ``(B) Members selected from among individuals who will - represent the views of ocean industries, State, tribal, - territorial or local governments, academia, and such other - views as the Co-chairs consider appropriate. - ``(C) Members selected from among individuals eminent in - the fields of marine science, marine technology, and marine - policy, or related fields. - ``(2) The Committee shall ensure that an appropriate balance of -academic, scientific, industry, and geographical interests and gender -and racial diversity are represented by the members of the Advisory -Panel. - ``(b) Responsibilities.--The Committee shall assign the following -responsibilities to the Advisory Panel: - ``(1) To advise the Committee on policies and procedures to - implement the National Oceanographic Partnership Program. - ``(2) To advise the Committee on matters relating to - national oceanographic science, engineering, facilities, or - resource requirements. - ``(3) To advise the Committee on improving diversity, - equity, and inclusion in the ocean sciences and related fields. - ``(4) To advise the Committee on national ocean research - priorities. - ``(5) Any additional responsibilities that the Committee - considers appropriate. - ``(6) To meet no fewer than two times a year. - ``(c) Administrative and Technical Support.--The Administrator of -the National Oceanic and Atmospheric Administration shall provide such -administrative and technical support as the Ocean Research Advisory -Panel may require. - ``(d) Federal Advisory Committee Act.--Section 14 of the Federal -Advisory Committee Act (5 U.S.C. App.) shall not apply to the Ocean -Research Advisory Panel appointed under section 8933.''. - -SEC. 1745. REQUIREMENTS RELATING TO PROGRAM AND PROJECT MANAGEMENT. - - (a) Standards for Program and Project Management.--Section -503(c)(1)(D) of title 31, United States Code, is amended by striking -``consistent with widely accepted standards'' and inserting ``in -accordance with standards accredited by the American National Standards -Institute''. - (b) Program Management Improvement Officers and Program Management -Policy Council.--Section 1126 of title 31, United States Code, is -amended-- - (1) in subsection (a)(1), by inserting after ``senior - executive of the agency'' the following: ``, who has - significant program and project management oversight - responsibilities,''; and - (2) in subsection (b)(4) by striking ``twice'' and - inserting ``four times''. - -SEC. 1746. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND AND CONTROL - CONCEPT. - - (a) In General.--During the period beginning on October 1, 2020, -and ending on October 1, 2022, the Director of the Joint All Domain -Command and Control (in this section referred to as ``JADC2'') Cross -Functional Team (in this section referred to as ``CFT''), in -consultation with the Vice Chairman of the Joint Chiefs of Staff and -Chief Information Officer of the Department of Defense, shall provide -to the Committee on Armed Services of the House of Representatives -quarterly briefings on the progress of the Department's Joint All -Domain Command and Control concept. - (b) Elements.--Each briefing under subsection (a) shall include, -with respect to the JADC2 concept, the following elements: - (1) The status of the joint concept of command and control. - (2) How the JADC2 CFT is identifying gaps and addressing - validated requirements based on the joint concept of command - and control. - (3) Progress in developing specific plans to evaluate and - implement materiel and non-materiel improvements to command and - control capabilities. - (4) Clarification on distribution of responsibilities and - authorities within the CFT and the Office of the Secretary of - Defense with respect to JADC2, and how the CFT and the Office - of the Secretary of Defense are synchronizing and aligning with - joint and military concepts, solutions, experimentation, and - exercises. - (5) The status of and review of any recommendations for - resource allocation necessary to achieve operational JADC2. - (6) A sufficiency assessment of planned funding across the - future years defense program for the development of JADC2 - capabilities. +``Sec. +``4321. Development of major defense acquisition programs: sustainment + of system to be replaced. +``4322. [Reserved]. +``4323. Sustainment reviews. +``4324. Major systems: life-cycle management and product support. +``4325. Major weapon systems: assessment, management, and control of + operating and support costs. +``4326. [Reserved]. +``4327. [Reserved]. +``4328. Weapon system design: sustainment factors.''. + + (b) Transfer of Section 2437.--Section 2437 of title 10, United +States Code, is transferred to chapter 323 of such title, as added by +subsection (a), inserted after the table of sections at the beginning, +and redesignated as section 4321. + (c) Transfer of Section 2441.--Section 2441 of title 10, United +States Code, is transferred to chapter 323 of such title, as added by +subsection (a), inserted after section 4321, as transferred and +redesignated by subsection (b), redesignated as section 4323, and +amended by striking ``sections 2337 and 2337a'' in subsection (c) and +inserting ``sections 4324 and 4325''. + (d) Transfer of Sections 2337 and 2337a.-- + (1) Transfer.--Sections 2337 and 2337a of title 10, United + States Code, are transferred to chapter 323 of such title, as added + by subsection (a), inserted (in that order) after section 4323, as + transferred and redesignated by subsection (c), and redesignated as + sections 4324 and 4325, respectively. + (2) Amendment to transferred section 4324.--Section 4324 of + title 10, United States Code, as transferred and redesignated by + paragraph (1), is amended by striking ``section 2302d(a)'' in + subsection (c)(5) and inserting ``section 3041(c)(1)''. + (3) Amendments to transferred section 4325.-- + (A) Section 4325 of such title, as transferred and + redesignated by paragraph (1), is amended-- + (i) in subsection (b)(1), by striking ``section 2337'' + and inserting ``section 4324''; and + (ii) in subsection (d), by striking ``section 2379(f)'' + and inserting ``section 3455(f)''. + (B) The heading of such section is amended to read as + follows: +``Sec. 4325. Major weapon systems: assessment, management, and control + of operating and support costs''. + (e) Transfer of Section 2443.-- + (1) Section 2443 of title 10, United States Code, is + transferred to chapter 323, as added by subsection (a), inserted + after section 4235, as transferred and redesignated by subsection + (d), and redesignated as section 4328. + (2) The heading of such section is amended to read as follows: +``Sec. 4328. Weapon system design: sustainment factors''. +SEC. 1849. PROGRAM STATUS-SELECTED ACQUISITION REPORTS. + (a) Restatement of Section 2432.--Part V of subtitle A of title 10, +United States Code, as added by section 801 of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +115-232), is amended by inserting after chapter 323, as added by the +preceding section, the following new chapter: + + ``CHAPTER 324--PROGRAM STATUS-SELECTED ACQUISITION REPORTS -SEC. 1747. RESOURCES TO IMPLEMENT A DEPARTMENT OF DEFENSE POLICY ON - CIVILIAN CASUALTIES IN CONNECTION WITH UNITED STATES - MILITARY OPERATIONS. - - (a) Resources To Implement Department of Defense Policy on Civilian -Casualties in Connection With United States Military Operations.-- - (1) Purpose.--The purpose of this section is to facilitate - fulfillment of the requirements in section 936 of the John S. - McCain National Defense Authorization Act for Fiscal Year 2019 - (10 U.S.C. 134 note). - (2) Personnel.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense shall do - the following: - (A) Add to, and assign within, each of the United - States Central Command, the United States Africa - Command, the United States Special Operations Command, - the United States European Command, the United States - Southern Command, the United States Indo-Pacific - Command, and the United States Northern Command not - fewer than two personnel who shall have primary - responsibility for the following in connection with - military operations undertaken by such command: - (i) Providing guidance and oversight - relating to prevention of and response to - civilian casualties, promotion of observance of - human rights, and the protection of civilians - and civilian infrastructure. - (ii) Overseeing civilian casualty response - functions on behalf of the commander of such - command. - (iii) Receiving reports of civilian - casualties and conduct of civilian casualty - assessments. - (iv) Analyzing civilian casualty incidents - and trends. - (v) Offering condolences for casualties, - including ex gratia payments. - (vi) Ensuring the integration of activities - relating to civilian casualty mitigation, - protection of civilians, and promotion of - observance of human rights in security - cooperation activities. - (vii) Consulting with non-governmental - organizations on civilian casualty and human - rights matters. - (B) Add to, and assign within, the Office of the - Under Secretary for Policy not fewer than two personnel - who shall have primary responsibility for implementing - and overseeing implementation by the components of the - Department of Defense of Department policy on civilian - casualties resulting from United States military - operations. - (C) Add to, and assign within, the Joint Staff not - fewer than two personnel who shall have primary - responsibility for the following: - (i) Overseeing implementation by the - components of the Department of Defense of - Department policy on civilian casualties - resulting from United States military - operations. - (ii) Developing and sharing in the - implementation of such policy. - (iii) Communicating operational guidance on - such policy. - (3) Training, software, and other requirements.-- - (A) In general.--In each of fiscal years 2021 - through 2023, the Secretary of Defense and each - Secretary of a military department may obligate and - expend, from amounts specified in subparagraph (B), not - more than $5,000,000 for the following: - (i) Training related to civilian casualty - mitigation and response. - (ii) Information technology equipment, - support and maintenance, and data storage, in - order to implement the policy of the Department - related relating to civilian casualties - resulting from United States military - operations as required by section 936 of the - John S. McCain National Defense Authorization - Act for Fiscal Year 2019. - (B) Funds.--The funds for a fiscal year specified - in this subparagraph are funds as follows: - (i) In the case of the Secretary of - Defense, amounts authorized to be appropriated - for such fiscal year for operation and - maintenance, Defense-wide. - (ii) In the case of a Secretary of a - military department, amounts authorized to be - appropriated for such fiscal year for operation - and maintenance for the components of the Armed - Forces under the jurisdiction of such - Secretary. - (b) United States Military Operations Defined.--In this section, -the term ``United States military operations'' includes any mission, -strike, engagement, raid, or incident involving United States Armed -Forces. +``Sec. +``4350. Selected acquisition reports: termination. +``4351. Selected acquisition reports: definitions. +``4352. Selected acquisition reports: requirement for quarterly reports. +``4353. Selected acquisition reports for 1st quarter of a fiscal year: + comprehensive annual report. +``4354. Selected acquisition reports for 2d, 3d, and 4th quarters. +``4355. Selected acquisition reports: quarterly SAR report content. +``4356. Selected acquisition reports: time for submission to Congress; + form of report. +``4357. Selected acquisition reports: termination of requirements with + respect to a program or subprogram. +``4358. Selected acquisition reports: when total program reporting + begins; limited reports before approval to proceed to system + development and demonstration. + +``Sec. 4350. Selected acquisition reports: termination +``Sec. 4351. Selected acquisition reports: definitions +``Sec. 4352. Selected acquisition reports: requirement for quarterly + reports +``Sec. 4353. Selected acquisition reports for 1st quarter of a fiscal + year: comprehensive annual report +``Sec. 4354. Selected acquisition reports for 2d, 3d, and 4th quarters +``Sec. 4355. Selected acquisition reports: quarterly SAR report content +``Sec. 4356. Selected acquisition reports: time for submission to + Congress; form of report +``Sec. 4357. Selected acquisition reports: termination of requirements + with respect to a program or subprogram +``Sec. 4358. Selected acquisition reports: when total program reporting + begins; limited reports before approval to proceed to system + development and demonstration''. + (b) Transfer of Subsection (j) of Section 2432.--Subsection (j) of +section 2432 of title 10, United States Code, is transferred to section +4350 of such title, as added by subsection (a), inserted after the +section heading, and amended-- + (1) by striking the subsection designation and subsection + heading; and + (2) by striking ``this section'' and inserting ``this + chapter''. + (c) Transfer of Subsection (a) of Section 2432.--Subsection (a) of +section 2432 of title 10, United States Code, is transferred to section +4351 of such title, as added by subsection (a), inserted after the +section heading, and amended-- + (1) by striking the subsection designation; + (2) in paragraph (1), by inserting ``Program acquisition unit + cost.--'' after ``(1)''; + (3) in paragraph (2), by inserting ``Procurement unit cost.--'' + after ``(2)''; + (4) in paragraph (3), by inserting ``Major contract.--'' after + ``(3)'' ; and + (5) in paragraph (4), by inserting ``Full life-cycle cost.--'' + after ``(4)''. + (d) Transfer of Subsection (b) of Section 2432.-- + (1) Transfer.--Subsection (b) of section 2432 of title 10, + United States Code, is transferred to section 4352 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation; and + (B) by redesignating paragraphs (1), (2), and (3) as + subsections (a), (b), and (c), respectively. + (2) Revisions to new 4352(a).--Subsection (a) of such section + 4352, as redesignated by paragraph (1)(B), is amended-- + (A) by striking ``The Secretary'' and inserting ``In + General.-- + ``(1) The Secretary''; + (B) by striking ``a report on'' and all that follows in the + first sentence and inserting ``a report on-- + ``(A) current major defense acquisition programs; and + ``(B) any program that is estimated by the Secretary of + Defense to require-- + ``(i) an eventual total expenditure for research, + development, test, and evaluation of more than $300,000,000 + (based on fiscal year 1990 constant dollars); or + ``(ii) an eventual total expenditure for procurement, + including all planned increments or spirals, of more than + $1,800,000,000 (based on fiscal year 1990 constant + dollars).''; + (C) by designating the second and third sentences as + paragraphs (2) and (3), respectively, and realigning those + paragraphs 2 ems from the left margin; + (D) in paragraph (2), as so designated, by striking + ``paragraphs (2) and (3)'' and inserting ``subsections (b) and + (c)'' ; and + (E) in paragraph (3), as so designated, by striking ``this + section'' and inserting ``this chapter''. + (3) Revisions to new 4352(b).--Subsection (b) of such section + 4352, as redesignated by paragraph (1)(B), is amended-- + (A) by inserting ``Reports Not Required for 2d, 3d, and 4th + Quarters for Certain Programs.--'' before ``A status report''; + and + (B) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively. + (4) Revisions to new 4352(c).--Subsection (c) of such section + 4352, as redesignated by paragraph (1)(B), is amended-- + (A) by striking ``(A) The Secretary'' and inserting + ``Secretary of Defense Waiver Authority.-- + ``(1) Authority.--The Secretary''; + (B) by redesignating subparagraph (B) as paragraph (2) and + realigning that paragraph 2 ems from the left margin; + (C) by redesignating clauses (i), (ii), and (iii) of + paragraph (1), as designated by the amendment made by + subparagraph (A), as subparagraphs (A), (B), and (C), + respectively, and realigning those subparagraphs 4 ems from the + left margin; and + (D) in paragraph (2), as redesignated by subparagraph (B)-- + (i) by inserting ``Notification to congressional + committees.--'' before ``The Secretary shall''; and + (ii) by striking ``subparagraph (A)'' and inserting + ``paragraph (1)''. + (e) Transfer of Subsection (c) of Section 2432.-- + (1) Transfer.--Subsection (c) of section 2432 of title 10, + United States Code, is transferred to section 4353 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation; and + (B) by redesignating paragraphs (1), (2), (3), and (4) as + subsections (a), (b), (c), and (d), respectively. + (2) Revisions to new 4353(a).--Subsection (a) of such section + 4353, as redesignated by paragraph (1)(B), is amended as follows: + (A) Subsection heading.--Such subsection is amended by + inserting ``Content of Sar Submitted for First Quarter.--'' + before ``Each Selected Acquisition Report for''. + (B) Internal redesignations.--Such subsection is further + amended-- + (i) by redesignating subparagraphs (A) through (H) as + paragraphs (1) through (8), respectively; and + (ii) by redesignating clauses (i) through (iv) of + paragraph (2), as so redesignated, as subparagraphs (A) + through (D), respectively. + (C) Revision of list format.--Such subsection is further + amended-- + (i) by striking ``for a fiscal year shall include--'' + in the matter preceding such paragraph (1), as so + redesignated, and inserting ``for a fiscal year shall + include the following:''; + (ii) in each of such paragraphs (1) through (8), as so + redesignated, by capitalizing the first letter of the first + word after the paragraph designation; + (iii) in each of such paragraphs (1) through (6), as so + redesignated, by striking the semicolon at the end and + inserting a period; and + (iv) by striking ``; and'' at the end of paragraph (7), + as so redesignated, and inserting a period. + (D) Conforming cross-reference amendments.--Such subsection + is further amended-- + (i) by striking ``section 2431'' in paragraph (1), as + so redesignated, and inserting ``section 4205''; + (ii) by striking ``section 2433(a)(2)'' in paragraph + (2)(A), as so redesignated, and inserting ``section + 4371(a)(4)''; + (iii) by striking ``section 2435(d)(1)'' in paragraph + (2)(B), as so redesignated, and inserting ``section + 4214(d)(1)''; + (iv) by striking ``section 2435(d)(2)'' in paragraph + (2)(C), as so redesignated, and inserting ``section + 4214(d)(2)''; + (v) by striking ``section 2432(e)(4)'' in paragraph + (2)(D), as so redesignated, and inserting ``section + 4355(4)''; and + (vi) by striking ``section 2446a'' in paragraph (7), as + so redesignated, and inserting ``section 4401''. + (3) Revisions to new 4353(b).--Subsection (b) of such section + 4353, as redesignated by paragraph (1)(B), is amended-- + (A) by striking ``Each Selected'' and inserting + ``Congressional Committees.-- + ``(1) Information needed by congressional committees.--Each + Selected''; and + (B) by designating the text after the first sentence as + paragraph (2), aligning that paragraph 2 ems from the left + margin, and inserting ``Notification to congressional + committees of proposed changes.--'' before ``Whenever the + Secretary''. + (4) Revisions to new 4353(c).--Subsection (c) of such section + 4353, as redesignated by paragraph (1)(B), is amended-- + (A) by inserting ``Life-cycle Cost Analyses.--'' before + ``In addition to''; + (B) by striking ``paragraphs (1) and (2)''; and inserting + ``subsections (a) and (b)'', and + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively. + (5) Revision to new 4353(d).--Subsection (d) of such section + 4353, as redesignated by paragraph (1)(B), is amended by inserting + ``Reference to 1st Quarter Sar as Comprehensive Annual Sar.--'' + before ``Selected Acquisition Reports''. + (f) Transfer of Subsection (d) of Section 2432.-- + (1) Transfer.--Subsection (d) of section 2432 of title 10, + United States Code, is transferred to section 4354 of such title, + as added by subsection (a), inserted after the section heading, and + amended by striking the subsection designation. + (2) Conforming amendments and subsection headings.--Such + section is amended-- + (A) by redesignating paragraphs (1) and (2) as subsections + (a) and (b), respectively; + (B) in subsection (a), as so redesignated-- + (i) by inserting ``Contingent Required Content.--'' + before ``Each Selected Acquisition Report''; + (ii) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; + (iii) in paragraph (1), as so redesignated, by striking + ``subsection (e)'' and inserting ``section 4355 of this + title''; and + (iv) in paragraph (2), as so redesignated, by striking + ``subsection (c)'' and inserting ``section 4353 of this + title''; and + (C) in subsection (b), as so redesignated, by inserting + ``Reference to 2d, 3d, and 4th Quarters SARS as Quarterly + SARS.--'' before ``Selected Acquisition Reports for''. + (g) Transfer of Subsection (e) of Section 2432.--Subsection (e) of +section 2432 of title 10, United States Code, is transferred to section +4355 of such title, as added by subsection (a), inserted after the +section heading, and amended by striking the subsection designation. + (h) Transfer of Subsection (f) of Section 2432.-- + (1) Transfer.--Subsection (f) of section 2432 of title 10, + United States Code, is transferred to section 4356 of such title, + as added by subsection (a), inserted after the section heading, and + redesignated as subsection (a). + (2) Subsection heading.--Such subsection is amended by + inserting ``Time for Submission.--'' before ``Each comprehensive''. + (i) Transfer of Subsection (i) of Section 2432.--Subsection (i) of +section 2432 of title 10, United States Code, is transferred to section +4356 of such title, as added by subsection (a), inserted after +subsection (a), as transferred and redesignated by subsection (h)(1), +redesignated as subsection (b), and amended by striking ``under this +section'' and inserting ``under this chapter''. + (j) Transfer of Subsection (g) of Section 2432.--Subsection (g) of +section 2432 of title 10, United States Code, is transferred to section +4357 of such title, as added by subsection (a), inserted after the +section heading, and amended-- + (1) by striking the subsection designation; and + (2) by striking ``of this section'' and inserting ``of this + chapter''. + (k) Transfer of Subsection (h) of Section 2432.-- + (1) Transfer.--Subsection (h) of section 2432 of title 10, + United States Code, is transferred to section 4358 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation; and + (B) by redesignating paragraphs (1), (2), and (3) as + subsections (a), (b), and (c), respectively. + (2) Revisions to new 4358(a).--Subsection (a) of such section + 4358, as redesignated by paragraph (1)(B), is amended-- + (A) by striking ``Total program reporting under this + section'' and inserting ``In General.-- + ``(1) Commencement of total program reporting.--Total program + reporting under this chapter''; and + (B) by designating the second sentence as paragraph (2) and + in that paragraph-- + (i) by inserting ``Limited reports.--'' before + ``Reporting may be''; + (ii) by striking ``paragraph (2)'' and inserting + ``subsection (b)''; + (iii) by striking ``under this subsection'' and + inserting ``under this section''; and + (iv) by striking ``under this section.'' and inserting + ``under this chapter.''. + (3) Revisions to new 4358(b).--Subsection (b) of such section + 4358, as redesignated by paragraph (1)(B), is amended-- + (A) by inserting ``Content of Limited Reports.--'' before + ``A limited report''; + (B) by striking ``under this subsection'' and inserting + ``under this section''; + (C) by redesignating subparagraphs (A) through (E) as + paragraphs (1) through (5), respectively; and + (D) in paragraph (1), as so redesignated, by striking + ``section 2431'' and inserting ``section 4205''. + (4) Revisions to new 4358(c).--Subsection (c) of such section + 4358, as redesignated by paragraph (1)(B), is amended-- + (A) by inserting ``Submission of Limited Reports.--'' + before ``The submission requirements''; and + (B) by striking ``under this subsection'' and inserting + ``under this section''. + (l) Conforming Amendments.--Section 2432 of title 10, United States +Code, is repealed. + (m) Conforming Cross-reference Amendments.--Sections 1734(c)(2) and +8671(b)(2) of title 10, United States Code, are amended by striking +``section 2432'' and inserting ``chapter 324''. +SEC. 1850. COST GROWTH--UNIT COST REPORTS (NUNN-MCCURDY). + (a) Restatement of Sections 2433 and 2433a.--Part V of subtitle A +of title 10, United States Code, as added by section 801 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232), is amended by inserting after chapter 324, as added by +the preceding section, the following new chapter: -SEC. 1748. SENSE OF CONGRESS REGARDING REPORTING OF CIVILIAN CASUALTIES - RESULTING FROM UNITED STATES MILITARY OPERATIONS. + ``CHAPTER 325--COST GROWTH--UNIT COST REPORTS (NUNN-MCCURDY) - It is the sense of Congress-- - (1) to commend the Department of Defense for the measures - it has implemented and is currently implementing to prevent, - mitigate, track, investigate, learn from, respond to, and - report civilian casualties resulting from United States - military operations; and - (2) to agree with the Department that civilian casualties - are a tragic and unavoidable part of war, and to recognize that - the Department endeavors to conduct all military operations in - compliance with the international law of armed conflict and the - laws of the United States, including distinction, - proportionality, and the requirement to take feasible - precautions in planning and conducting operations to reduce the - risk of harm to civilians and other protected persons and - objects; and the protection of civilians and other protected - persons and objects, in addition to a legal obligation and a - strategic interest, is a moral and ethical imperative; that the - Department has submitted to Congress three successive annual - reports on civilian casualties resulting from United States - military operations for calendar years 2017, 2018, and 2019, - and has updated reports as appropriate; and to recognize the - efforts of the Department, both in policy and in practice, to - reduce the harm to civilians and other protected persons and - objects resulting from United States military operations, and - to encourage the Department to make additional progress in-- - (A) developing at all combatant commands personnel - and offices responsible for advising the commanders of - such commands, and integrating into command strategy, - the promotion of observance of human rights and the - protection of civilians and other protected persons and - objects; - (B) finalizing and implementing the policy of the - Department relating to civilian casualties resulting - from United States military operations, as required by - section 936 of the John S. McCain National Defense - Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 - note); - (C) finalizing Department-wide regulations to - implement section 1213 of the National Defense - Authorization for Fiscal Year 2020 (Public Law 116-92) - for ex gratia payments for damage, personal injury, or - death that is incident to the use of force by the - United States Armed Forces, a coalition that includes - the United States, a military organization supporting - the United States, or a military organization - supporting the United States or such coalition; and - (D) professionalizing foreign partner forces to - reduce civilian casualties, including in connection - with train and equip programs, advise, assist, - accompany, and enable missions, and fully combined and - coalition operations. - -SEC. 1749. PROHIBITION OF PUBLIC DISPLAY OF CONFEDERATE BATTLE FLAG ON - DEPARTMENT OF DEFENSE PROPERTY. - - (a) Prohibition.--Except as provided in subsection (b) the -Secretary of Defense shall prohibit the public display of the -Confederate battle flag at all Department of Defense property. - (b) Exceptions.--The prohibition under subsection (a) shall not -apply to-- - (1) a museum located on a Department of Defense - installation that addresses the Civil War from a historical or - educational perspective; - (2) an educational or historical display depicting a Civil - War battle in which the Confederate battle flag is present, but - not the main focus of the display; - (3) a State flag that incorporates the Confederate battle - flag; - (4) a State-issued license plate with a depiction of the - Confederate battle flag; or - (5) a grave site of a Confederate soldier. - (c) Definitions.--In this section: - (1) The term ``Confederate battle flag'' means the battle - flag carried by Confederate armies during the Civil War. - (2) The term ``Department of Defense property'' means all - installations, workplaces, common-access areas, and public - areas of the Department of Defense, including-- - (A) office buildings, facilities, naval vessels, - aircraft, Government vehicles, hangars, ready rooms, - conference rooms, individual offices, cubicles, storage - rooms, tool and equipment rooms, workshops, break - rooms, galleys, recreational areas, commissaries, Navy - and Marine Corps exchanges, and heads; - (B) sensitive compartmented information facilities - and other secure facilities; - (C) open-bay barracks and common areas of barracks - and living quarters; - (D) all Department of Defense school houses and - training facilities including, officer candidate - school, the basic school, recruit training command, and - recruiting offices; - (E) all areas of the Department of Defense in - public or plain view, including outside areas, work - office buildings, stores, or barracks, including - parking lots; - (F) the front yard or external porch of Government- - owned and Government-operated housing and public- - private venture housing; and - (G) automobile bumper stickers, clothing, and other - apparel that is located on or in any installation, - workplace, common-access area, or public area of the - Department of Defense. - -SEC. 1750. DEPLOYMENT OF REAL-TIME STATUS OF SPECIAL USE AIRSPACE. - - (a) In General.--The Administrator of the Federal Aviation -Administration, in consultation, as appropriate, with the Secretary of -Defense and the heads of the military services, including the National -Guard and Air National Guard, and other appropriate Federal agencies, -shall initiate, not later than 180 days after the date of enactment of -this Act, a program to enable public dissemination of information on-- - (1) the real-time status of the activation or deactivation - of military operations areas and restricted areas; and - (2) the reports submitted to the Administrator pursuant to - section 73.19 of title 14, Code of Federal Regulations. - (b) Status Report.-- - (1) In general.--Not later than 1 year after the - Administrator initiates the program required under subsection - (a), and every year thereafter until such program is complete, - the Administrator shall submit a status report to the - appropriate committees of Congress on the implementation of - such program. - (2) Contents.--The report required under paragraph (1) - shall contain, at a minimum-- - (A) an update on the progress of the Administrator - in modifying policies, systems, or equipment that may - be necessary to enable the public dissemination of - information on the real-time status of the activation - or deactivation of military operations areas and - restricted areas; - (B) a description of any challenges to completing - the program initiated pursuant to subsection (a), - including challenges in-- - (i) receiving the timely and complete - submissions of data concerning airspace usage; - (ii) modifying policies; and - (iii) acquiring necessary systems or - equipment; and - (C) a timeline of the anticipated completion of the - program and the modifications described in subparagraph - (A). - (c) Utilization Reports.--Not later than 180 days after the date of -enactment of this Act, the Secretary of Defense shall submit a report -to the appropriate committees of Congress-- - (1) describing whether the Department of Defense has - submitted the utilization reports required under section 73.19 - of title 14, Code of Federal Regulations for the prior fiscal - year, and, if so, to what extent such reports have been - submitted; and - (2) providing, if the Secretary discovers that all such - reports have not been submitted in a timely and complete - manner-- - (A) an explanation for the failure to submit any - such reports in the manner prescribed by regulation; - and - (B) a plan to ensure the timely and complete - submission of all such reports. - (d) Policies.--Not later than 18 months after the date of enactment -of this Act, the Administrator shall submit a report to the appropriate -committees of Congress on special use airspace, including a review of -the Federal Aviation Administration's-- - (1) policies and processes for establishing, reviewing, and - revoking military operations areas and restricted areas; and - (2) administration, including release of, underutilized - special use airspace. - (e) Definitions.--In this section: - (1) The term ``appropriate committees of Congress'' means-- - (A) the Committee on Commerce, Science, and - Transportation and the Committee on Armed Services of - the Senate; and - (B) the Committee on Transportation and - Infrastructure and the Committee on Armed Services of - the House of Representatives. - (2) The term ``underutilized'', with respect to a military - operations area or restricted area, means such an area - determined by the Administrator of the Federal Aviation - Administrator to have had, during the 2 most recent consecutive - fiscal years prior to the date of enactment of this Act, the - number of hours actually utilized be less than 75 percent of - the number of hours the area was activated, discounted for - weather cancellations and delays, loss of use for reasons - beyond the control of the Federal agency using the area, and - other factors determined appropriate by the Administrator. - -SEC. 1751. DUTIES OF SECRETARY UNDER UNIFORMED AND OVERSEAS CITIZENS - ABSENTEE VOTING ACT. +``Sec. +``4371. Cost growth definitions; applicability of reporting + requirements; constant base year dollars. +``4372. Unit cost reports: quarterly report from program manager to + service acquisition executive. +``4373. Unit cost reports: immediate report from program manager to + service acquisition executive upon breach of significant cost + growth threshold. +``4374. Unit cost reports: determinations by service acquisition + executive and secretary concerned of breach of significant + cost growth threshold or critical cost growth threshold; + reports to Congress. +``4375. Breach of significant cost growth threshold or critical cost + growth threshold: required action. +``4376. Breach of critical cost growth threshold: reassessment of + program; presumption of program termination. +``4377. Breach of critical cost growth threshold: actions if program not + terminated. + +``Sec. 4371. Cost growth definitions; applicability of reporting + requirements; constant base year dollars +``Sec. 4372. Unit cost reports: quarterly report from program manager + to service acquisition executive +``Sec. 4373. Unit cost reports: immediate report from program manager + to service acquisition executive upon breach of significant cost + growth threshold +``Sec. 4374. Unit cost reports: determinations by service acquisition + executive and secretary concerned of breach of significant cost + growth threshold or critical cost growth threshold; reports to + Congress +``Sec. 4375. Breach of significant cost growth threshold or critical + cost growth threshold: required action +``Sec. 4376. Breach of critical cost growth threshold: reassessment of + program; presumption of program termination +``Sec. 4377. Breach of critical cost growth threshold: actions if + program not terminated''. + (b) Transfer of Subsection (a) of Section 2433.-- + (1) Transfer.--Subsection (a) of section 2433 of title 10, + United States Code, is transferred to section 4371 of such title, + as added by subsection (a), inserted after the section heading, and + amended by striking ``this section'' in the matter preceding + paragraph (1) and in paragraph (2) and inserting ``this chapter''. + (2) Insertion of side headings.--Such subsection is further + amended-- + (A) in the matter preceding paragraph (1), by inserting + ``Definitions.--'' after ``(a)''; + (B) in paragraph (1), by inserting ``Program acquisition + unit cost; procurement unit cost; major contract.--'' after + ``(1)''; + (C) in paragraph (2), by inserting ``Baseline estimate.--'' + after ``(2)''; + (D) in paragraph (3), by inserting ``Procurement program.-- + '' after ``(3)''; + (E) in paragraph (4), by inserting ``Significant cost + growth threshold.--'' after ``(4)''; + (F) in paragraph (5), by inserting ``Critical cost growth + threshold.--'' after ``(5)''; and + (G) in paragraph (6), by inserting ``Original baseline + estimate.--'' after ``(6)''. + (3) Conforming cross-reference amendments.--Such subsection is + further amended-- + (A) in paragraph (1)-- + (i) by striking ``section 2430a(d)'' and inserting + ``section 4203(d)''; and + (ii) by striking ``section 2432(a)'' and inserting + ``section 4351''; + (B) in paragraph (2), by striking ``section 2435'' and + inserting ``section 4214''; and + (C) in paragraph (6), by striking ``section 2435(d)'' and + inserting ``section 4214(d)''. + (4) Revision of order of paragraphs.--Such subsection is + further amended-- + (A) by redesignating paragraphs (2), (3), (4), (5), and (6) + as paragraphs (4), (6), (2), (3), and (5), respectively; and + (B) by revising the order of those paragraphs within that + section so they appear in the numeric order of their respective + paragraph designations, as redesignated by paragraph (A). + (c) Transfer of Subsection (h) of Section 2433.--Subsection (h) of +section 2433 of title 10, United States Code, is transferred to section +4371 of such title, as added by subsection (a), inserted after +subsection (a), as transferred and redesignated by subsection (b)(1), +redesignated as subsection (b), and amended-- + (1) by striking ``under this section'' and inserting ``under + this chapter''; and + (2) by striking ``section 2432(h)'' and inserting ``section + 4358''. + (d) Transfer of Subsection (f) of Section 2433.--Subsection (f) of +section 2433 of title 10, United States Code, is transferred to section +4371 of such title, as added by subsection (a), inserted after +subsection (b), as transferred and redesignated by subsection (c), +redesignated as subsection (c), and amended-- + (1) by striking ``under this section'' and inserting ``under + this chapter''; and + (2) by striking ``section 2430'' and inserting ``section + 4202''. + (e) Transfer of Subsection (b) of Section 2433.-- + (1) Transfer.--Subsection (b) of section 2433 of title 10, + United States Code, is transferred to section 4372 of such title, + as added by subsection (a), inserted after the section heading, and + redesignated as subsection (a). + (2) Designation of new subsection (b).--Such section 4372, as + redesignated by paragraph (1), is amended by designating the third + sentence as subsection (b) and inserting ``Matter to Be Included in + Unit Cost Reports.--'' therein before ``The program manager + shall''. + (3) Designation of new paragraphs (1) and (2).--Subsection (a) + of such section, as redesignated by paragraph (1), is amended-- + (A) by striking ``The program manager for'' and inserting + ``Required Reports.-- + ``(1) Requirement.--The program manager for''; and + (B) by designating the second sentence as paragraph (2) and + inserting ``Time for submittal.--'' before ``Each report''. + (4) Conforming cross-reference amendments.--Such section is + further amended-- + (A) in paragraph (1) of subsection (a), as designated by + paragraph (3)(A), by striking ``section 2432(b)(3)'' and + inserting ``section 4352(c)''; and + (B) in paragraph (4) of subsection (b), as designated by + paragraph (2), by striking ``section 2435'' and inserting + ``section 4214''. + (f) Transfer of Subsection (c) of Section 2433.--Subsection (c) of +section 2433 of title 10, United States Code, is transferred to section +4373 of such title, as added by subsection (a), inserted after the +section heading, and amended-- + (1) by striking the subsection designation; and + (2) by striking ``subsection (b)'' both places it appears and + inserting ``section 4372 of this title''. + (g) Transfer of Subsection (d) of Section 2433.-- + (1) Transfer.--Subsection (d) of section 2433 of title 10, + United States Code, is transferred to section 4374 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation; and + (B) by redesignating paragraphs (1), (2), and (3) as + subsections (a), (b), and (c), respectively. + (2) Revision to new 4374(a).--Subsection (a) of such section, + as so redesignated, is amended-- + (A) by inserting ``Determination of Breach by Service + Acquisition Executive.--'' before ``When a''; and + (B) by striking ``under this section'' and inserting + ``under this chapter''. + (3) Revision to new 4374(b).--Subsection (b) of such section, + as so redesignated, is amended-- + (A) by inserting ``Additional Determination by Service + Acquisition Executive When Program or Subprogram Is a + Procurement Program.--'' before ``When a''; + (B) by striking ``under this section'' and inserting + ``under this chapter''; and + (C) by striking ``paragraph (1)'' and inserting + ``subsection (a)''. + (4) Revision to new 4374(c).--Subsection (c) of such section, + as so redesignated, is amended-- + (A) by striking ``If, based upon'' and inserting + ``Determination of Breach by Secretary Concerned; Notification + to Congress.-- + ``(1) In general.--If, based upon''; + (B) by designating the second sentence as paragraph (2) and + the fourth sentence as paragraph (3); + (C) in paragraph (2), as so designated-- + (i) by inserting ``Time for submission of notification + to congress.--'' before ``In the case of'' the first place + it appears; + (ii) by striking ``subsection (b)'' and inserting + ``section 4372 of this title''; and + (iii) by striking ``subsection (c)'' and inserting + ``section 4373 of this title''; and + (D) in paragraph (3), as so designated, by inserting + ``Inclusion of date of determination.--'' before ``The + Secretary shall''. + (h) Transfer of Subsection (e) of Section 2433.-- + (1) Transfer.--Subsection (e) of section 2433 of title 10, + United States Code, is transferred to section 4375 of such title, + as added by subsection (a), inserted after the section heading, and + amended-- + (A) by striking the subsection designation; and + (B) by redesignating paragraphs (1), (2), and (3) as + subsections (a), (b), and (c), respectively. + (2) Revision to new 4375(a).--Subsection (a) of such section, + as so redesignated, is amended-- + (A) by striking ``(A) Except as provided in subparagraph + (B),'' and inserting ``Breach of significant cost growth + threshold; submission of a selected acquisition report.-- + ``(1) General rule.--Except as provided in paragraph (2),''; + (B) by redesignating subparagraph (B) as paragraph (2); + (C) in paragraph (1), as so designated-- + (i) by striking ``under subsection (d)'' and inserting + ``under section 4374 of this title''; and + (ii) by striking ``section 2432(e)'' and ``section + 2432(f)'' and inserting ``section 4355'' and ``section + 4356'', respectively; and + (D) in paragraph (2), as so designated-- + (i) by striking ``subparagraph (A)'' both places it + appears and inserting ``paragraph (1)''; and + (ii) by striking ``subsection (g)'' and inserting + ``subsection (d)''. + (3) Revision to new 4375(b).--Subsection (b) of such section, + as so redesignated, is amended-- + (A) by inserting ``Breach of Critical Cost Growth + Threshold.--'' before ``If the program''; + (B) by striking ``subsection (d)'' and inserting ``section + 4374 of this title''; and + (C) by striking ``section 2433a'' and inserting ``sections + 4376 and 4377''. + (4) Revision to new 4375(c).--Subsection (c) of such section, + as so redesignated, is amended-- + (A) by striking ``If a determination'' and inserting + ``Prohibition on Obligation of Funds for Certain Purposes When + Required Action Not Taken.-- + ``(1) Prohibition.--If a determination''; + (B) by designating the second sentence as paragraph (2); + (C) in paragraph (1), as so designated-- + (i) by striking ``subsection (d)'' both places it + appears and inserting ``section 4374 of this title''; + (ii) by striking ``subsection (g)'' and inserting + ``subsection (d)''. + (iii) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; and + (iv) by striking ``paragraph (2)'' and inserting + ``subsection (b)''; and + (D) in paragraph (2), as so designated-- + (i) by striking ``The prohibition'' and inserting + ``Termination of prohibition.--The prohibition under + paragraph (1)''; + (ii) in subparagraph (A)-- + + (I) by striking ``paragraph (1) or (2)(B)'' and + inserting ``subsection (a) or (b)(2)''; and + (II) by striking ``subsection (d)'' and inserting + ``section 4374 of this title''; and + + (iii) in subparagraph (B)-- + + (I) by striking ``paragraph (1) or (2)(B)'' and + inserting ``subsection (a) or (b)(2)''; + (II) by striking ``paragraph (2)(A)'' and inserting + ``subsection (b)(1)''; and + (III) by striking ``subsection (d)'' and inserting + ``section 4374 of this title''. + + (i) Transfer of Subsection (g) of Section 2433.-- + (1) Transfer.--Subsection (g) of section 2433 of title 10, + United States Code, is transferred to section 4375 of such title, + as added by subsection (a), inserted after subsection (c), as + transferred and amended by subsection (h), and amended-- + (A) by striking the subsection designation; and + (B) by redesignating paragraphs (1) and (2) as subsections + (d) and (e), respectively. + (2) Revision to new 4375(d).--Subsection (d) of such section + 4375, as so redesignated, is amended-- + (A) by striking ``Except as provided in paragraph (2), each + report under subsection (e)'' and inserting ``Matter to Be + Included in Reports.--Except as provided in subsection (e), + each report under this section''; + (B) by redesignating subparagraphs (A) through (Q) as + paragraphs (1) through (17), respectively; + (C) in paragraph (9), as so redesignated, by striking + ``section 2435'' and inserting ``section 4214''; and + (D) in paragraph (16), as so redesignated, by redesignating + clauses (i) through (vi) as subparagraphs (A) through (F), + respectively. + (3) Revision to new 4375(e).--Subsection (e) of such section + 4375, as so redesignated, is amended-- + (A) by striking ``If a program acquisition unit cost'' and + inserting ``Breach Due to Termination or Cancellation of + Program or Subprogram.-- + ``(1) Limited reporting.--If a program acquisition unit cost''; + (B) by striking ``clauses (A) through (F) of paragraph + (1)'' and inserting ``paragraphs (1) through (6) of subsection + (d)''; + (C) by designating the second sentence as paragraph (2); + and + (D) in paragraph (2), as so designated-- + (i) by inserting ``Certification not required.--'' + before ``The certification''; and + (ii) by striking ``subsection (e)'' and inserting + ``subsection (b)''. + (j) Transfer of Subsection (a), (b), and (d) of Section 2433a.-- + (1) Transfer of subsections (a) and (b).--Subsection (a) and + (b) of section 2433a of title 10, United States Code, are + transferred to section 4376 of such title, as added by subsection + (a), and inserted after the section heading. + (2) Transfer and redesignation of subsection (d).--Subsection + (d) of section 2433a of such title is transferred to such section + 4376, inserted after subsection (b), as transferred by paragraph + (1), and redesignated as subsection (c). + (3) Conforming cross-reference amendments.--Such section 4376 + is amended-- + (A) in subsection (a), by striking ``section 2433(d)'' and + inserting ``section 4374''; and + (B) in subsection (b)(1)-- + (i) by striking ``section 2433(g)'' and inserting + ``section 4375(d) and (e)''; and + (ii) by striking ``section 2432(f)'' and inserting + ``section 4356(a)''. + (4) Headings and format in subsection (b).--Subsection (b) of + such section 4376 is amended-- + (A) by striking ``Termination.--(1) After conducting'' and + inserting ``Termination.-- + ``(1) Termination unless secretary submits certification and + report.--After conducting''; + (B) by realigning paragraphs (2) and (3) 2 ems from the + left margin; + (C) in paragraph (2), by inserting ``Certification.--'' + after ``(2)''; and + (D) in paragraph (3), by inserting ``Report.--'' after + ``(3)''. + (k) Transfer of Subsection (c) of Section 2433a.-- + (1) Transfer.--Subsection (c) of section 2433a of title 10, + United States Code, is transferred to section 4377 of such title, + as added by subsection (a), inserted after the section heading, and + redesignated as subsection (a). + (2) Redesignations.--Paragraphs (2) and (3) of such section + 4377 are redesignated as subsections (b) and (c), respectively. + (3) Revision to new section 4377(a).--Subsection (a) of such + section, as redesignated by paragraph (1), is amended-- + (A) by striking ``(1)'' before ``If the Secretary''; + (B) by inserting ``of section 4376 of this title'' after + ``subsection (b)''; + (C) by redesignating subparagraphs (A), (B), (C), (D), and + (E) as paragraphs (1), (2), (3), (4), and (5), respectively; + (D) in paragraph (1), as so redesignated, by inserting ``of + that section'' after ``subsection (a)'' and after ``subsection + (b)(2)(E)''; + (E) in paragraph (2), as so redesignated, by striking + ``section 2366a or 2366b'' and inserting ``section 4251 or + 4252''; and + (F) in paragraph (4), as so redesignated, by striking + ``paragraph (2)'' and inserting ``subsection (b)''. + (4) Revision to new section 4377(b).--Subsection (b) of such + section, as redesignated by paragraph (2), is amended-- + (A) by inserting ``Identification of Report for Description + of Funding Changes.--'' before ``For purposes of''; + (B) by striking ``paragraph (1)(D)'' and inserting + ``subsection (a)(4)''; + (C) by striking ``in this paragraph'' and inserting ``in + this subsection''; and + (D) by striking ``section 2432'' and inserting ``section + 4352''. + (5) Redesignations and headings in new section 4377(c).-- + Subsection (c) of such section, as redesignated by paragraph (2), + is amended-- + (A) by striking ``(A) The requirements of subparagraphs + (B), (C), and (E) of paragraph (1)'' and inserting + ``Inapplicability of Certain Subsection (a) Requirements.-- + ``(1) Conditions for inapplicability.--The requirements of + paragraphs (2), (3), and (5) of subsection (a)''; and + (B) by redesignating subparagraph (B) as paragraph (2) and + inserting ``Cost growth thresholds.--'' therein before ``The + cost growth thresholds''. + (6) Revisions to new 4377(c)(1).--Paragraph (1) of such section + 4377(c), as so designated, is amended-- + (A) by redesignating clauses (i), (ii), and (iii) as + subparagraphs (A), (B), and (C), respectively; + (B) by redesignating subclauses (I) and (II) of each of + subparagraphs (A) and (C) as clauses (i) and (ii), + respectively; + (C) in subparagraph (A), as so redesignated-- + (i) in the matter preceding clause (i), as so + redesignated, by striking ``pursuant to subsection (a)'' + and inserting ``pursuant to section 4376(a) of this + title''; + (ii) in clause (i), as so redesignated, by striking + ``subparagraph (B)'' and inserting ``paragraph (2)''; and + (iii) in clause (ii), as so redesignated, by striking + ``subclause (I)'' and inserting ``clause (i)''; and + (D) in subparagraph (C), as so redesignated-- + (i) in the matter preceding clause (i), as so + redesignated-- + + (I) by striking ``section 2433(g)'' and inserting + ``subsections (d) and (e) of section 4375''; and + (II) by striking ``section 2432(f)'' and inserting + ``section 4356''; + + (ii) in clause (i), as so redesignated, by striking + ``clause (i)'' and inserting ``subparagraph (A)''; and + (iii) in clause (ii), as so redesignated, by striking + ``clause (ii)'' and inserting ``subparagraph (B)''. + (7) Revisions to new 4377(c)(2).--Paragraph (2) of such section + 4377(c), as so designated, is amended-- + (A) in the matter preceding clause (i), by striking ``this + subparagraph'' and inserting ``this paragraph''; + (B) by redesignating clauses (i) and (ii) as subparagraphs + (A) and (B), respectively; and + (C) by redesignating subclauses (I) and (II) of each of + subparagraphs (A) and (B) as clauses (i) and (ii), + respectively. + (l) Conforming Repeals.--Sections 2433 and 2433a of title 10, +United States Code, are repealed. + (m) Cross Reference.--Section 181(b)(6) of title 10, United States +Code, is amended by striking ``2433(e)(2)'' and inserting ``4375(b)''. +SEC. 1851. WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by inserting after chapter 325, as added by the preceding section, the +following new chapter: + + ``CHAPTER 327--WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS + +``Subchapter + Sec. +``I. Modular Open System Approach in Development of Weapon Systems 4401 + +``II. Development, Prototyping, and Deployment of Weapon System +Components or Technology.......................................... 4421 + + ``SUBCHAPTER I--MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF WEAPON + SYSTEMS - (a) Ensuring Ability of Absent Uniformed Services Voters Serving at -Diplomatic and Consular Posts To Receive and Transmit Balloting -Materials.--In carrying out the Secretary's duties as the Presidential -designee under the Uniformed and Overseas Citizens Absentee Voting Act -(52 U.S.C. 20301 et seq.), the Secretary shall take such actions as may -be necessary to ensure that an absent uniformed services voter under -such Act who is absent from the United States by reason of active duty -or service at a diplomatic and consular post of the United States is -able to receive and transmit balloting materials in the same manner and -with the same rights and protections as an absent uniformed services -voter under such Act who is absent from the United States by reason of -active duty or service at a military installation. - (b) Effective Date.--This section shall apply with respect to -elections held on or after the date of the enactment of this Act. +``Sec. +``4401. Requirement for modular open system approach in major defense + acquisition programs; definitions. +``4402. Requirement to address modular open system approach in program + capabilities development and acquisition weapon system design. +``4403. Requirements relating to availability of major system interfaces + and support for modular open system approach. -SEC. 1752. PUBLICLY AVAILABLE DATABASE OF CASUALTIES OF MEMBERS OF THE - ARMED FORCES. - - (a) In General.--The Secretary of Defense shall publish on an -appropriate publicly available website of the Department of Defense a -database of all casualties of members of the Armed Forces of the United -States that occur during military operations that take place during -1990 or any subsequent year. - (b) Requirements.--The Secretary shall ensure that the database -published under subsection (a) has the following capabilities: - (1) The capability of generating a machine readable report, - to the extent practicable, through searches based on each, and - any combination, of the casualty attributes. - (2) The capability of downloading individual records as the - result of a search based on each, and any combination, of the - casualty attributes. - (c) Next-of-Kin Opt Out.--The Secretary shall develop a mechanism -under which the next-of-kin (as determined by the Secretary) of any -individual whose information would be included in the database required -under subsection (a) may elect to have such information excluded from -the database. - (d) Casualty Attributes.--In this section, the term ``casualty -attributes'' means each of the following with respect to the casualty -of a member of the Armed Forces: - (1) The conflict in which the casualty occurred. - (2) The country where the casualty occurred. - (3) The attributes of the member of the Armed Forces, - including-- - (A) service; - (B) component; - (C) name; - (D) rank; - (E) date of death; and - (F) any other information as determined by the - Secretary. - -SEC. 1753. NOTICE AND COMMENT FOR PROPOSED ACTIONS OF THE SECRETARY OF - DEFENSE RELATING TO FOOD AND BEVERAGE INGREDIENTS. - - (a) Notice and Comment.--Before promulgating any service-wide or -Department-wide final rule, statement, or determination relating to the -limitation or prohibition of an ingredient in a food or beverage item -provided to members of the Armed Forces by the Department of Defense -(including an item provided through a commissary store, a dining -facility on a military installation, or a military medical treatment -facility), the Secretary of Defense shall-- - (1) publish in the Federal Register a notice of the - proposed rule, statement, or determination (in this section - referred to as a ``proposed action''); and - (2) provide interested persons an opportunity to submit - public comments with respect to the proposed action. - (b) Matters To Be Included in Notice.--The Secretary shall include -in any notice published under subsection (a)(2) the following: - (1) A summary of the notice. - (2) The date of publication of the notice. - (3) The contact information for the office of the - Department of Defense responsible for the proposed action. - (4) The deadline for comments to be submitted with respect - to the proposed action and a description of the method to - submit such comments. - (5) A description of the proposed action. - (6) Findings and a statement of reason supporting the - proposed action. - (c) Waiver Authority.--The Director of the Defense Logistics Agency -may waive subsections (a) and (b) if the Director determines such -waiver is necessary for military operations or for the response to a -national emergency declared by the President under the National -Emergencies Act (50 U.S.C. 1601 et seq.), a medical emergency, or a -pandemic. - (d) Reports.-- - (1) Reports.--On a quarterly basis, the Director of the - Defense Logistics Agency shall submit to the congressional - defense committees a report containing an identification of any - waiver under subsection (c) issued or in effect during the - quarter preceding submission of the report. - (2) Matters.--A report under paragraph (1) shall include, - with respect to each waiver identified, the following: - (A) The date, time, and location of the issuance of - such waiver. - (B) A detailed justification for the issuance of - such waiver. - (C) An identification of the rule, statement, or - determination for which the Director issued such - waiver, including the proposed duration of such rule, - statement, or determination. - -SEC. 1754. SPACE STRATEGIES AND ASSESSMENT. - - (a) Sense of Congress.--It is the sense of Congress that the United -States Government should support activities in space by-- - (1) ensuring robust, innovative, and increasingly capable - civil and national security space programs; - (2) supporting effective and stable space partnerships with - allies of the United States; - (3) leveraging, to the greatest extent practicable and - appropriate, commercial space capabilities; and - (4) ensuring freedom of navigation and providing measures - to assure the supply chain related to such space assets and - manufacturing processes of such assets. - (b) Strategy Required.--Not later than 270 days after the date of -the enactment of this Act, the President, in consultation with the -National Space Council, shall develop and maintain a strategy to ensure -that the United States, as appropriate, strengthens civil and national -security capabilities and operations in space through-- - (1) challenging and inspiring civil space goals and - programs; - (2) partnerships with allies of the United States; - (3) leveraging of commercial space capabilities; - (4) ensuring supply chain and manufacturing processes for - space assets; - (5) sustaining a highly skilled, world-class workforce; and - (6) considering the financial security and cybersecurity - concerns threatening commercial and Federal Government launch - sites of the United States. - (c) Submission of Strategy and Plan.--Not later than 1 year after -the date of the enactment of this Act, the Chair of the National Space -Council, in consultation with relevant departments and agencies of the -Federal Government, shall submit to the appropriate congressional -committees a report setting forth-- - (1) the strategy under subsection (b); and - (2) a plan to implement the strategy, including to-- - (A) ensure the freedom of navigation of space - assets and protect the supply chain relating to such - assets and manufacturing process of such assets from - threats from China, Russia, Iran, and North Korea, - which may include protection from intellectual property - theft and threats with respect to electronic warfare - capabilities; - (B) identify capabilities required to ensure civil - and national security space leadership; - (C) provide contingency and resiliency for civil - and national security space operations; and - (D) strengthen relations with the allies of the - United States with respect to space. - (d) Assessment and Report.-- - (1) Assessment and report requirement.--Not later than 180 - days after the date of the enactment of this Act, the Secretary - of Defense, in consultation with the Director of National - Intelligence and the Administrator of the National Aeronautics - and Space Administration, shall submit to the appropriate - congressional committees a report that includes-- - (A) an assessment of the capabilities and role of - relevant departments and agencies of the Federal - Government to-- - (i) ensure access to launch, - communications, and freedom of navigation and - other relevant infrastructure and services for - civil and national security space programs and - activities; and - (ii) identify vulnerabilities that could - affect access to space infrastructure; and - (iii) address financial security and - cybersecurity concerns threatening commercial - and Federal Government launch sites of the - United States; and - (B) recommendations and costs to improve the - capabilities assessed pursuant to subparagraph (A), - including recommendations with respect to-- - (i) the electronic warfare capabilities of - China, Russia, Iran, and North Korea; and - (ii) the use of counterspace weapons and - cyber attacks by China, Russia, Iran, and North - Korea. - (2) Form.--The report under paragraph (1) may include a - classified annex. - (e) Definitions.--In this section: - (1) The term ``appropriate congressional committees'' - means-- - (A) the Committee on Armed Services of the House of - Representatives; - (B) the Committee on Science, Space, and Technology - of the House of Representatives; - (C) the Committee on Foreign Affairs of the House - of Representatives; - (D) the Committee on Energy and Commerce of the - House of Representatives; - (E) the Permanent Select Committee on Intelligence - of the House of Representatives; - (F) the Committee on Armed Services of the Senate; - (G) the Committee on Foreign Relations of the - Senate; - (H) the Committee on Commerce, Science, and - Transportation of the Senate; and - (I) the Select Committee on Intelligence of the - Senate. - (2) The term ``launch site'' has the meaning given that - term under section 50902 of title 51, United States Code. + ``SUBCHAPTER II--DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON + SYSTEM COMPONENTS OR TECHNOLOGY + +``Sec. +``4421. Weapon system component or technology prototype projects: + display of budget information. +``4422. Weapon system component or technology prototype projects: + oversight. +``4423. Requirements and limitations for weapon system component or + technology prototype projects. +``4424. Mechanisms to speed deployment of successful weapon system + component or technology prototypes. +``4425. Definition of weapon system component.''. + + (b) Transfer of Sections of Subchapter I of Chapter 144b.-- + (1) Transfer.--Sections 2446a, 2446b, and 2446c of chapter 144B + of title 10, United States Code, are transferred to chapter 327, as + added by subsection (a), inserted (in that order) after the table + of sections at the beginning of subchapter I, and redesignated as + sections 4401, 4402, and 4403, respectively. + (2) Conforming cross-reference amendments to section 4401.-- + Section 4401 of title 10, United States Code, as so transferred and + redesignated, is amended-- + (A) in subsection (b)(1)(D), by striking ``section 2320'' + and inserting ``sections 3771 through 3775''; + (B) in subsection (b)(6), by striking ``section 2448a(a)'' + and inserting ``section 4271(a)''; + (C) in subsection (b)(7), by striking ``section 2430'' and + inserting ``section 4201''; and + (D) in subsection (b)(8), by striking ``section 2379(f)'' + and inserting ``section 3455(f)''. + (3) Conforming cross-reference amendments to section 4402.-- + Section 4402 of such title, as so transferred and redesignated, is + amended-- + (A) in subsection (c), by striking ``section 2431a'' and + inserting ``section 4211''; and + (B) in subsection (e), by striking ``section 2366b'' and + inserting ``section 4252''. + (c) Transfer of Sections of Subchapter Ii of Chapter 144b.-- + (1) Transfer.--Sections 2447a, 2447b, 2447c, 2447d, and 2447e + of chapter 144B of title 10, United States Code, are transferred to + chapter 327, as added by subsection (a), inserted (in that order) + after the table of sections at the beginning of subchapter II, and + redesignated as sections 4421, 4422, 4423, 4424, and 4425, + respectively. + (2) Conforming cross-reference amendments to section 4422.-- + Section 4422 of such title, as so transferred and redesignated, is + amended by striking ``section 2447c'' in subsection (c)(3) and + inserting ``section 4423''. + (3) Conforming cross-reference amendments to section 4423.-- + Section 4423 of such title, as so transferred and redesignated, is + amended-- + (A) in subsection (b), by striking ``section 2447b'' and + inserting ``section 4422''; and + (B) in subsection (e), by striking ``section 2371b'' and + inserting ``section 4003''. + (4) Conforming cross-reference amendments to section 4424.-- + Section 4424 of such title, as so transferred and redesignated, is + amended by striking ``section 2304'' in subsection (a) and + inserting ``sections 3201 through 3205''. + (5) Conforming cross-reference amendments to section 4425.-- + Section 4425 of such title, as so transferred and redesignated, is + amended by striking ``section 2446a'' and inserting ``section + 4401''. + (d) Conforming Amendments.-- + (1) Repeal of chapter 144b.--Chapter 144B of title 10, United + States Code, is repealed. + (2) Clerical amendments.--The tables of chapters at the + beginning of subtitle A, and at the beginning of part IV of + subtitle A, of title 10, United States Code, are amended by + striking the item relating to chapter 144B. + + Subtitle G--Other Special Categories of Contracting + +SEC. 1856. ACQUISITION OF SERVICES GENERALLY. + (a) Tables of Chapters Amendments.--The tables of chapters at the +beginning of subtitle A, and at the beginning of part V of subtitle A +(as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232)), of title +10, United States Code, are amended by striking the items relating to +chapters 341 and 343 and inserting the following: + +``341. Acquisition of Services Generally.......................... 4501 + +``343. Acquisition of Services of Contractors Performing Private +Security Functions...............................................4541''. + + (b) New Chapter 341.--Part V of subtitle A of title 10, United +States Code, as added by section 801 of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), is +amended by striking chapters 341 and 343 and inserting the following: + + ``CHAPTER 341--ACQUISITION OF SERVICES GENERALLY + +``Sec. +``4501. Procurement of contract services: management structure. +``4502. Procurement of contract services: senior officials responsible + for management of acquisition of contract services. +``4503. [Reserved]. +``4504. [Reserved]. +``4505. Procurement of services: tracking of purchases. +``4506. Procurement of services: data analysis and requirements + validation. +``4507. Procurement of services: contracts for professional and + technical services. +``4508. Contractor performance of acquisition functions closely + associated with inherently governmental functions. +``4509. Contracts for advisory and assistance services: cost comparison + studies.''. + + (c) Transfer of Section 2330 of Title 10.--Section 2330 of title +10, United States Code, is transferred to chapter 341 of such title, as +amended by subsection (b), inserted after the table of sections, and +redesignated as section 4501. + (d) Designation of New Section 4502.--Such chapter is further +amended by inserting after paragraph (1) of subsection (a) of section +4501, as transferred and redesignated by subsection (c), the following: +``Sec. 4502. Procurement of contract services: senior officials + responsible for management of acquisition of contract services + ``(a) Senior Officials.--The management structure implemented +pursuant to section 4501 of this title shall provide for the +following:''. + (e) Revision to Remaining Text of Section 4501.--Such section 4501 +is amended-- + (1) by striking ``for the following:'' and inserting ``for the + matters specified in subsections (b), (c), (d), and (e).''; + (2) by redesignating paragraph (1) as subsection (b) and + subparagraphs (B), (C), and (D) as subsections (c), (d), and (e), + respectively; + (3) in subsection (b), as so redesignated-- + (A) by realigning the margin of the subsection 2 ems to the + left; + (B) by striking ``The Under'' and all that follows through + ``develop and maintain'' and inserting ``Policies, Procedures, + and Best Practices Guidelines.--The management structure + implemented pursuant to subsection (a) shall provide that the + Under Secretary of Defense for Acquisition and Sustainment + shall develop and maintain''; + (C) by redesignating clauses (i) through (vi) as paragraphs + (1) through (6), respectively, and realigning the margin of + those paragraphs 2 ems to the left; and + (D) by striking the semicolon at the end of such paragraph + (6), as so redesignated, and inserting a period; + (4) in subsection (c), as redesignated by paragraph (2)-- + (A) by realigning the margin of the subsection 4 ems to the + left; + (B) by striking ``work with'' and inserting ``Personnel and + Support.--The management structure implemented pursuant to + subsection (a) shall provide that the Under Secretary shall + work with''; + (C) by redesignating clauses (i) through (iii) as + paragraphs (1) through (3), respectively; + (D) by inserting ``and section 4502 of this title'' in + paragraph (3), as so redesignated, after ``under this + section''; and + (E) by striking the semicolon at the end and inserting a + period; + (5) in subsection (d), as redesignated by paragraph (2)-- + (A) by realigning the margin of the subsection 4 ems to the + left; + (B) by striking ``establish contract'' and inserting + ``Contract Services Acquisition Categories.--The management + structure implemented pursuant to subsection (a) shall provide + that the Under Secretary shall establish contract''; and + (C) by striking ``; and'' at the end and inserting a + period; + (6) in subsection (e), as redesignated by paragraph (2)-- + (A) by realigning the margin of the subsection 4 ems to the + left; + (B) by striking ``oversee the'' and inserting ``Oversight + of Implementation.--The management structure implemented + pursuant to subsection (a) shall provide that the Under + Secretary shall oversee the''; + (C) by inserting ``and section 4502 of this title'' after + ``of this section''; and + (D) by striking ``subparagraph (A)''and inserting + ``subsection (b)''; and + (7) by adding at the end the following new subsection: + ``(f) Contract Services.--In this section, the term `contract +services' has the meaning given that term in section 4502(d)(2) of this +title.''. + (f) Revision to Section 4502.--Section 4502 of such title, as +designated by subsection (d), is amended-- + (1) by redesignating paragraphs (2) and (3) of subsection (a) + as paragraphs (1) and (2), respectively; + (2) in subsection (b)-- + (A) in paragraph (1), by striking ``subsection (a)(1)(C)'' + and inserting ``section 4501(d) of this title''; and + (B) in paragraph (2), by striking ``subsection (a)(1)'' and + inserting ``section 4501 of this title''; + (3) by redesignating subsection (c) as subsection (d); + (4) by redesignating paragraph (3) of subsection (b) as + subsection (c) and redesignating subparagraphs (A) through (F) + thereof as paragraphs (1) through (6), respectively; and + (5) in subsection (c), as so redesignated-- + (A) in the matter preceding paragraph (1), by striking ``In + carrying out paragraph (1)'' and inserting ``Duties and + Responsibilities.--In carrying out subsection (b)(1),''; + (B) in paragraph (1), as so redesignated-- + (i) by inserting ``and section 4501 of this title'' + after ``of this section''; and + (ii) by striking ``subsection (a)(1)(A)'' and inserting + ``section 4501(b) of this title''; and + (C) in paragraph (6), as so redesignated, by striking + ``section 2330a'' and inserting ``section 4505''. + (g) Transfer of Sections 2330a, 2329, 2331, 2383, and 2410l of +Title 10.--Sections 2330a, 2329, 2331, 2383, and 2410l of title 10, +United States Code, are transferred to chapter 341 of such title, +inserted (in that order) after section 4502, as designated by +subsection (c), and redesignated as sections 4505, 4506, 4507, 4508, +and 4509, respectively. + (h) Conforming Cross-reference Amendment.--Subsection (h)(3) of +section 4505 of title 10, United States Code, as transferred and +redesignated by subsection (d), is amended by striking ``section +2383(b)(2)'' and inserting ``section 4508(b)(2)''. + (i) Conforming Amendment for Defined Term Applicable to Section.-- +Subsection (b)(1) of section 4508 of title 10, United States Code, as +transferred and redesignated by subsection (g), is amended by striking +``has the meaning given in section 2302(1) of this title, except that +such term''. + (j) Placeholder for Chapter for Provisions Relating to Acquisition +of Services of Contractors Performing Private Security Functions.--Part +V of subtitle A of title 10, United States Code, as added by section +801 of the John S. McCain National Defense Authorization Act for Fiscal +Year 2019 (Public Law 115-232), is amended by inserting after chapter +341, as added by this section, the following new chapter: + + ``CHAPTER 343--ACQUISITION OF SERVICES OF CONTRACTORS PERFORMING + PRIVATE SECURITY FUNCTIONS + +``Subchapter + Sec. +``I. Contractors Performing Private Security Functions in Areas of +Combat Operations or Other Significant Military Operations........ 4541 + +``II. Standards and Certification for Private Security............ 4551 + + ``SUBCHAPTER I--CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN + AREAS OF COMBAT OPERATIONS OR OTHER SIGNIFICANT MILITARY OPERATIONS -SEC. 1755. NONIMMIGRANT STATUS FOR CERTAIN NATIONALS OF PORTUGAL. +``Sec. +``4541. [Reserved]. - For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of -the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal -shall be considered to be a foreign state described in such section if -the Government of Portugal provides similar nonimmigrant status to -nationals of the United States. + ``SUBCHAPTER II--STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY + CONTRACTORS -SEC. 1756. SENSE OF CONGRESS ON EXTENSION OF LIMITATIONS ON IMPORTATION - OF URANIUM FROM RUSSIAN FEDERATION. +``Sec. +``4551. [Reserved].''. - It is the sense of Congress that-- - (1) a secure nuclear fuel supply chain is essential to the - economic and national security of the United States; - (2) the Government of the Russian Federation uses its - control over energy resources, including in the civil nuclear - sector, to exert political influence and create economic - dependency in other countries; - (3) the Agreement Suspending the Antidumping Investigation - on Uranium from the Russian Federation (commonly referred to as - the ``Russian Suspension Agreement''), which limits imports of - Russian uranium to 20 percent of the market share, is vital to - averting American dependence on Russian energy; - (4) the United States should-- - (A) expeditiously complete negotiation of an - extension of the Russian Suspension Agreement to cap - the market share for Russian uranium at 20 percent or - lower; or - (B) if an agreement to extend the Russian - Suspension Agreement cannot be reached, complete the - antidumping investigation under title VII of the Tariff - Act of 1930 (19 U.S.C. 1671 et seq.) with respect to - imports of uranium from the Russian Federation-- - (i) to avoid unfair trade in uranium and - maintain a nuclear fuel supply chain in the - United States, consistent with the national - security and nonproliferation goals of the - United States; and - (ii) to protect the United States nuclear - fuel supply chain from the continued - manipulation of the global and United States - uranium markets by the Russian Federation and - Russian-influenced competitors; - (5) a renegotiated, long-term extension of the Russian - Suspension Agreement can prevent adversaries of the United - States from monopolizing the nuclear fuel supply chain; - (6) as was done in 2008, upon completion of a new - negotiated long-term extension of the Russian Suspension - Agreement, Congress should enact legislation to codify the - terms of extension into law to ensure long-term stability for - the domestic nuclear fuel supply chain; and - (7) if the negotiations to extend the Russian Suspension - Agreement prove unsuccessful, Congress should be prepared to - enact legislation to prevent the manipulation by the Russian - Federation of global uranium markets and potential domination - by the Russian Federation of the United States uranium market. - -SEC. 1757. AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION CENTER - PACIFIC IN THE INDOPACIFIC REGION. +SEC. 1857. ACQUISITION OF INFORMATION TECHNOLOGY. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 345 and inserting the following: - (a) Authority To Establish.-- - (1) In general.--The Secretary of Defense, with the - concurrence of the Secretary of State, may authorize-- - (A) the establishment of a Movement Coordination - Center Pacific (in this section referred to as the - ``Center''); and - (B) participation of the Department of Defense in - an Air Transport and Air-to-Air refueling and other - Exchanges of Services program (in this section referred - to as the ``ATARES program'') of the Center. - (2) Scope of participation.--Participation in the ATARES - program under paragraph (1)(B) shall be limited to the - reciprocal exchange or transfer of air transportation and air - refueling services on a reimbursable basis or by replacement- - in-kind or the exchange of air transportation or air refueling - services of an equal value with foreign militaries. - (3) Limitations.--The Department of Defense's balance of - executed transportation hours, whether as credits or debits, in - participation in the ATARES program under paragraph (1)(B) may - not exceed 500 hours. The Department of Defense's balance of - executed flight hours for air refueling in the ATARES program - under paragraph (1)(B) may not exceed 200 hours. - (b) Written Arrangement or Agreement.-- - (1) Arrangement or agreement required.--The participation - of the Department of Defense in the ATARES or exchange like - program under subsection (a) shall be in accordance with a - written arrangement or agreement entered into by the Secretary - of Defense, with the concurrence of the Secretary of State. - (2) Funding arrangements.--If Department of Defense - facilities, equipment, or funds are used to support the ATARES - program, the written arrangement or agreement under paragraph - (1) shall specify the details of any equitable cost-sharing or - other funding arrangement. - (3) Other elements.--Any written arrangement or agreement - entered into under paragraph (1) shall require that any accrued - credits and liabilities resulting from an unequal exchange or - transfer of air transportation or air refueling services shall - be liquidated, not less than once every 5 years, through the - ATARES program. - (c) Implementation.--In carrying out any written arrangement or -agreement entered into under subsection (b), the Secretary of Defense -may-- - (1) pay the Department of Defense's equitable share of the - operating expenses of the Center and the ATARES program from - funds available to the Department of Defense for operation and - maintenance; and - (2) assign members of the Armed Forces or Department of - Defense civilian personnel, within billets authorized for the - United States Indo-Pacific Command, to duty at the Center as - necessary to fulfill the Department of Defense obligations - under that arrangement or agreement. - (d) Report.--Not later than March 1, 2021, the Secretary of Defense -shall submit to the congressional defense committees a report that -contains-- - (1) a summary of the coordination structure of the center - and program, and details related to its formation and - implementation; - (2) list of the military services, by country, - participating or seeking to participate in the program; - (3) for each country on the list under paragraph (2), a - description of completed agreements and those still to be - completed with host nations, as applicable; and - (4) any other relevant matters that the Secretary - determines should be included. + ``CHAPTER 345--ACQUISITION OF INFORMATION TECHNOLOGY -SEC. 1758. ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING - REQUIREMENTS FOR CERTAIN MILITARY TRAINING. +``Sec. +``4571. Information technology acquisition: planning and oversight + processes. +``4572. [Reserved]. +``4573. [Reserved]. +``4574. [Reserved]. +``4575. [Reserved]. +``4576. Requirement for consideration of certain matters during + acquisition of noncommercial computer software.''. + + (b) Transfer of Section 2223a.-- + (1) Section 2223a of title 10, United States Code, is + transferred to chapter 345 of such title, as amended by subsection + (a), inserted after the table of sections, and redesignated as + section 4571. + (2) The heading of such section is amended to read as follows: +``Sec. 4571. Information technology acquisition: planning and oversight + processes''. + (c) Transfer of Section 2322a.--Section 2322a of title 10, United +States Code, is transferred to chapter 345 of such title, as amended by +subsection (a), inserted after section 4571, as added by subsection +(b), and redesignated as section 4576. + + Subtitle H--Contract Management + +SEC. 1861. CONTRACT ADMINISTRATION. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 361 and inserting the following: + + ``CHAPTER 361--CONTRACT ADMINISTRATION - (a) Establishment of Vetting Procedures.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of Defense shall - establish procedures to vet covered individuals for eligibility - for physical access to Department of Defense installations and - facilities within the United States. - (2) Criteria for procedures.--The procedures established - under paragraph (1) shall include biographic and biometric - screening of covered individuals, continuous review of whether - covered individuals should continue to be authorized for - physical access, biographic checks of the immediate family - members of covered individuals, and any other measures that the - Secretary determines appropriate for vetting. - (3) Collection of information.--The Secretary shall-- - (A) collect the information required to vet - individuals under the procedures established under this - subsection; - (B) as required for the effective implementation of - this section, seek to enter into agreements with the - relevant departments and agencies of the United States - to facilitate the sharing of information in the - possession of such departments and agencies concerning - covered individuals; and - (C) ensure that the initial vetting of covered - individuals is conducted as early and promptly as - practicable, to minimize disruptions to United States - programs to train foreign military students. - (b) Determination Authority.-- - (1) Review of vetting results.--The Secretary shall assign - to an organization within the Department with responsibility - for security and counterintelligence the responsibility of-- - (A) reviewing the results of the vetting of a - covered individual conducted under subsection (a); and - (B) making a recommendation regarding whether such - individual should be given physical access to a - Department of Defense installation or facility. - (2) Negative recommendation.--If the recommendation with - respect to a covered individual under paragraph (1)(B) is that - the individual should not be given physical access to a - Department of Defense installation or facility-- - (A) such individual may only be given such access - if such access is authorized by the Secretary of - Defense or the Deputy Secretary of Defense; and - (B) the Secretary of Defense shall ensure that the - Secretary of State is promptly provided with - notification of such recommendation. - (c) Additional Security Measures.-- - (1) Security measures required.--The Secretary of Defense - shall ensure that-- - (A) all Department of Defense common access cards - issued to foreign nationals in the United States comply - with the credentialing standards issued by the Office - of Personnel Management; - (B) all such common access cards issued to foreign - nationals in the United States include a visual - indicator as required by the standard developed by the - Department of Commerce National Institute of Standards - and Technology; - (C) physical access by covered individuals is - limited, as appropriate, to those Department of Defense - installations or facilities within the United States - directly associated with the training or education or - necessary for such individuals to access authorized - benefits; - (D) a policy is in place covering possession of - firearms on Department of Defense property by covered - individuals; - (E) covered individuals who have been granted - physical access to Department of Defense installations - and facilities are incorporated into the Insider Threat - Program of the Department of Defense; and - (F) covered individuals are prohibited from - transporting, possessing, storing, or using personally - owned firearms on Department of Defense installations - or property consistent with the Secretary of Defense - policy memorandum dated January 16, 2020. - (2) Effective date.--The security measures required under - paragraph (1) shall take effect on the date that is 181 days - after the date of the enactment of this Act. - (3) Notification required.--Upon the establishment of the - security measures required under paragraph (1), the Secretary - of Defense shall submit to the Committees on Armed Services of - the Senate and House of Representatives notice of the - establishment of such security measures. - (d) Reporting Requirements.-- - (1) Briefing requirement.--Not later than 90 days after the - date of the enactment of this Act, the Secretary of Defense - shall provide to the Committee on Armed Services of the Senate - and the Committees on Armed Services and Foreign Affairs of the - House of Representative a briefing on the establishment of any - policy or guidance related to the implementation of this - section. - (2) Report.--Not later than 2 years after the date of the - enactment of this Act, the Secretary of Defense shall submit to - such committees a report on the implementation and effects of - this section. Such report shall include a description of-- - (A) any positive or negative effects on the - training of foreign military students as a result of - this section; - (B) the effectiveness of the vetting procedures - implemented pursuant to this section in preventing harm - to members of the Armed Forces and United States - persons; - (C) any mitigation strategies used to address any - negative effects of the implementation of this section; - and - (D) a proposed plan to mitigate any ongoing - negative effects to the vetting and training of foreign - military students by the Department of Defense. - (3) Report by comptroller general.--Not later than 3 years - after the date of the enactment of this Act, the Comptroller - General of the United States shall submit to Congress an - unclassified report (which may contain a classified annex) on - the safety and security of United States personnel and - international students assigned to United States military bases - participating in programs authorized under chapter 5 of part II - of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) - (relating to international military education and training), - particularly with respect to whether-- - (A) relevant United States diplomatic and consular - personnel properly vet foreign personnel participating - in such programs and entering such bases; - (B) existing screening protocols with respect to - such vetting include counter-terrorism screening and - are sufficiently effective at ensuring the safety and - security of United States personnel and international - students assigned to such bases; and - (C) whether existing screening protocols with - respect to such vetting are in compliance with - applicable requirements of section 362 of title 10, - United States Code, and sections 502B and 620M of the - Foreign Assistance Act of 1961 (22 U.S.C. 2304 and - 2378d). - (e) Vetting Procedures Review for Department of State Regional and -Country Strategies.--The Secretary of State shall ensure that any -comprehensive regional strategy, such as a joint regional strategy or -its equivalent, and any country strategy, such as an integrated country -strategy or its equivalent, that is produced by the Department of State -during the 8-year period beginning on the date that is 2 years after -the date of the enactment of this Act, and each successor strategy to -such strategy during such 8-year period, shall integrate a review of -vetting procedures for diplomatic visas that includes-- - (1) an evaluation of the vetting procedures of diplomatic - and consular posts for issuing visas to diplomats and - government officials; - (2) an analysis of the frequency and regularity of the - review of such procedures; - (3) a description of the methods and resources used to vet - applications for diplomatic visas; - (4) a description of the methodologies employed for - ensuring any such diplomatic visas issued for purposes of - security assistance (as such term is defined for purposes of - section 502B of the Foreign Assistance Act of 1961) are vetted - in compliance with applicable requirements of section 362 of - title 10, United States Code, and sections 502B and 620M of the - Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d); and - (5) a description of the methods and resources used to - conduct recurring reviews of individuals remaining in the - United States for more than one year from the date of the - issuance of a visa, and recurring reviews of individuals - entering the United States on a multi-entry visa over a period - of time longer than 1 year. - (f) Definitions.--In this section: - (1) The term ``covered individual'' means any foreign - national (except foreign nationals of Australia, Canada, New - Zealand, and the United Kingdom who have been granted a - security clearance that is reciprocally accepted by the United - States for access to classified information) who-- - (A) is seeking physical access to a Department of - Defense installation or facility within the United - States; and - (B) is-- - (i) selected, nominated, or accepted for - training or education for a period of more than - 14 days occurring on a Department of Defense - installation or facility within the United - States; or - (ii) an immediate family member - accompanying any foreign national who has been - selected, nominated, or accepted for such - training or education. - (2) The term ``United States'' means the several States, - the District of Columbia, the Commonwealth of Puerto Rico, and - Guam. - (3) The term ``immediate family member'' with respect to - any individual means the parent, step-parent, sibling, step- - sibling, half-sibling, child, or step-child of the individual. - -SEC. 1759. WOMEN, PEACE, AND SECURITY ACT IMPLEMENTATION. - - (a) Sense of Congress.--It is the sense of Congress that -$15,000,000 annually is an appropriate allocation of funding to be made -available for activities consistent with the Women, Peace, and Security -Act of 2017 (Public Law 115-68; 131 Stat. 1202) and with any guidance -specified in this section, in order to fully implement such Act and in -furtherance of the national security priorities of the United States. - (b) In General.--During the period beginning on the date of the -enactment of this Act and ending on September 30, 2025, the Secretary -of Defense shall carry out activities consistent with the Women, Peace, -and Security Act of 2017 and with the guidance specified in this -section, including by carrying out-- - (1) any Defense-wide directives and programs that advance - the implementation of the Women, Peace, and Security Act of - 2017, including directives relating to military doctrine, - programs that are applicable across the Department, and - programs that are specific to a combatant command; - (2) the hiring and training of full-time equivalent - personnel as gender advisors of the Department; - (3) the integration of gender analysis into training for - military personnel across ranks, to include special emphasis on - senior level training and support for women, peace, and - security; and - (4) security cooperation activities that further implement - the Women, Peace, and Security Act of 2017. - (c) Security Cooperation Activities.--Consistent with the Women, -Peace, and Security Act of 2017, the Secretary of Defense, in -coordination with the Secretary of State, shall incorporate gender -analysis and participation by women into security cooperation -activities conducted with the national security forces of foreign -countries pursuant to subsection (b)(4), including by-- - (1) incorporating gender analysis (including data - disaggregated by sex) and priorities for women, peace, and - security into educational, training, and capacity-building - materials and programs, including as authorized by section 333 - of title 10, United States Code; - (2) advancing and advising on the recruitment, employment, - development, retention, and promotion of women in the national - security forces of such foreign countries, including by-- - (A) identifying available military career - opportunities for women; - (B) promoting such career opportunities among women - and girls; - (C) promoting the skills necessary for such - careers; - (D) encouraging the interest of women and girls in - such careers, including by highlighting as role models - women in such careers in the United States or in - applicable foreign countries; and - (E) advising on best practices to prevent the - harassment and abuse of women serving in the national - security forces of such foreign countries; - (3) incorporating training and advising to address sexual - harassment and abuse against women within such national - security forces; - (4) integrating gender analysis into policy and planning; - (5) ensuring any infrastructure constructed pursuant to the - security cooperation activity addresses the requirements of - women serving in such national security forces, including by - addressing appropriate equipment; and - (6) including Department of Defense personnel who are women - in security cooperation activities of the United States - conducted abroad. - (d) Partner Country Assessments.--The Secretary of Defense shall -include in any partner country assessment conducted in the course of -carrying out security cooperation activities specified in subsection -(b)(4) consideration of any barriers or opportunities with respect to -women in the national security forces of such partner countries, -including any barriers or opportunities relating to-- - (1) protections against exploitation, abuse, and - harassment; or - (2) recruitment, employment, development, retention, or - promotion of the women. - (e) Pilot Program.-- - (1) In general.--The Secretary of Defense, in coordination - with the Secretary of State-- - (A) shall direct and carry out a pilot program to - conduct partner country assessments referred to in - subsection (d) on barriers to the participation of - women in the national security forces of participating - partner countries (in this subsection referred to as a - ``pilot barrier assessment''); - (B) in carrying out such pilot program, shall seek - to enter into contracts with nonprofit organizations or - federally funded research and development centers - independent of the Department of Defense for the - purpose of conducting the pilot barrier assessments; - and - (C) after a pilot barrier assessment is conducted, - shall-- - (i) review the methods of research and - analysis used by any entity contracted with - pursuant to subparagraph (B) in conducting such - assessment and identify lessons learned from - the review; and - (ii) assess the ability of the Department - of Defense to conduct future pilot barrier - assessments without entering into a contract - pursuant to subparagraph (B), including by - assessing potential costs and benefits for the - Department that may arise from conducting such - future assessments. - (2) Selection of countries.-- - (A) In general.--The Secretary of Defense, in - consultation with the commanders of the combatant - commands and relevant United States ambassadors, shall - select one partner country from within the geographic - area of responsibility of each geographic combatant - command for participation in the pilot program. - (B) Consideration.--In making the selection under - subparagraph (A), the demonstrated political commitment - of the partner country to increasing the participation - of women in the security sector and the national - security priorities and theater campaign strategies of - the United States shall be considered. - (3) Pilot barrier assessment.--A pilot barrier assessment - under this subsection shall be-- - (A) adapted to the local context of the partner - country being assessed; - (B) conducted in collaboration with the security - sector of the partner country being assessed; and - (C) based on tested methodologies. - (4) Findings.-- - (A) In general.--The Secretary of Defense should - use findings from each pilot barrier assessment to - inform effective security cooperation activities and - security sector assistance interventions by the United - States in the partner country assessed. Such activities - and interventions shall substantially increase - opportunities for the recruitment, employment, - development, retention, deployment, and promotion of - women in the national security forces of such partner - country (including for deployments to peace operations - and for participation in counterterrorism operations - and activities). - (B) Model methodology.--The Secretary of Defense, - in coordination with the Secretary of State, shall - develop a model barrier assessment methodology from the - findings of the pilot program for use across the - geographic combatant commands. - (5) Reports on pilot program.-- - (A) Initial report.--Not later than 2 years after - the date of the enactment of this Act, the Secretary of - Defense, in coordination with the Secretary of State, - shall submit to the appropriate committees of Congress - an initial report on the implementation of the pilot - program under this subsection, including an - identification of the partner counties selected for - participation in the program and the justifications for - such selections. - (B) Update to report.--Not later than 2 years after - the date on which the initial report under subparagraph - (A) is submitted, the Secretary of Defense, in - coordination with the Secretary of State, shall submit - to the appropriate committees of Congress an update to - the initial report. - (C) Report on methodology.--On the date on which - the Secretary of Defense determines the pilot program - to be complete, the Secretary of Defense, in - coordination with the Secretary of State, shall submit - to the appropriate committees of Congress a report on - the model barrier assessment methodology developed - under paragraph (4)(B). - (f) Building United States Capacity.-- - (1) Military service academies.--Consistent with subsection - (c)(6), the Secretary of Defense shall make every effort to - encourage the admission of diverse individuals (including - individuals who are women) to each military service academy, - including by-- - (A) establishing programs that hold commanding - officers accountable for removing biases with respect - to such individuals; - (B) ensuring that each military service academy - fosters a zero tolerance environment for harassment - towards such individuals; and - (C) ensuring that each military service academy - fosters equal opportunities for growth that enable the - full participation of such individuals in all training - programs, career tracks, and elements of the - Department, especially in elements of the Armed Forces - previously closed to women, such as infantry and - special operations forces. - (2) Partnerships with schools and nonprofit - organizations.--The Secretary of Defense shall make every - effort to enter into partnerships with elementary schools, - secondary schools, postsecondary educational institutions, and - nonprofit organizations, to support activities relating to the - implementation of the Women, Peace, and Security Act of 2017. - (g) Standardization of Policies.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of Defense shall - initiate a process to standardize policies relating to women, - peace, and security across the Department of Defense. - (2) Roles, responsibilities, and requirements.--In carrying - out the process initiated under paragraph (1), the Secretary - shall establish roles, responsibilities, and requirements for - gender advisors, gender focal points, and women, peace, and - security subject matter experts, including with respect to - commander and senior official-level engagement and support for - women, peace, and security commitments. - (h) Department Education, and Training.--The Secretary of Defense -shall-- - (1) integrate gender analysis into relevant training for - all members of the Armed Forces and civilian employees of the - Department of Defense; - (2) develop standardized training, across the Department, - for gender advisors, gender focal points, and women, peace, and - security subject matter experts; - (3) ensure that gender analysis and the meaningful - participation of women and their relationship to security - outcomes is addressed in professional military education - curriculum; and - (4) build the capacity of the Department to conduct the - partner country assessments referred to in subsection (d). - (i) Briefing.--Not later than 1 year after the date of the -enactment of this Act, the Director of the Defense Security Cooperation -Agency shall provide a briefing to the appropriate committees of -Congress on the efforts to build partner defense institution and -security force capacity pursuant to this section. - (j) Reports.--During the period beginning on the date of the -enactment and ending on January 1, 2025, on a basis that is not less -frequently than annually, the Secretary of Defense shall submit to the -appropriate committees of Congress reports on the steps the Department -has taken to implement the Women, Peace, and Security Act of 2017, -including with respect to activities carried out under this section. - (k) Definitions.--In this section: - (1) The term ``appropriate committees of Congress'' means-- - (A) the Committee on Armed Services and the - Committee on Foreign Affairs of the House of - Representatives; and - (B) the Committee on Armed Services and the - Committee on Foreign Relations of the Senate. - (2) The term ``gender analysis'' has the meaning given that - term in the Women's Entrepreneurship and Economic Empowerment - Act of 2018 (Public Law 115-428; 132 Stat. 5509). - (3) The terms ``elementary school'' and ``secondary - school'' have the meanings given those terms in section 8101 of - the Elementary and Secondary Education Act of 1965 (20 U.S.C. - 7801). - (4) The term ``postsecondary educational institution'' has - the meaning given that term in section 3 of the Carl D. Perkins - Career and Technical Education Act of 2006 (20 U.S.C. 2302). - -SEC. 1760. DEVELOPING CRISIS CAPABILITIES TO MEET NEEDS FOR HOMELAND - SECURITY-CRITICAL SUPPLIES. - - (a) In General.--The Secretary of Homeland Security shall -coordinate with the Secretary of Health and Human Services, the -Administrator of the Environmental Protection Agency, and the heads of -other relevant Federal departments and agencies-- - (1) to identify categories of homeland security-critical - supplies that would be needed to address potential national - emergencies or disasters, including any public health - emergency, act of terrorism (as defined in section 3077 of - title 18, United States Code), cyber attack, and other attack; - (2) to develop plans, designs, and guidance relating to the - production, in accordance with other applicable law, of the - categories of homeland security-critical supplies identified - pursuant to paragraph (1) to address the respective national - emergencies and disasters, including such production by - nontraditional manufacturers; and - (3) based on such final plans, designs, and guidance, to - enter into such contingent arrangements with governmental and - private entities, in accordance with other applicable law, as - may be necessary to expedite the production of homeland - security-critical supplies in the event of a national emergency - or disaster. - (b) Process.--In coordinating the development or revision of a -plan, design, or guidance with respect to any homeland security- -critical supply under this section: - (1) The Secretary of Homeland Security shall give each - Federal department or agency with responsibility for regulating - the supply an opportunity-- - (A) to contribute to the development or revision of - the plan, design, or guidance; and - (B) to approve or disapprove the plan, design, or - guidance under regulations appropriate to approving the - supply for emergency or disaster use. - (2) If a Federal department or agency with responsibility - for regulating the homeland security-critical supply - disapproves of the plan, design, or guidance with respect to - the supply, the head of the disapproving department or agency - shall provide to the Secretary of Homeland Security the - rationale for the disapproval. - (3) The Secretary of Homeland Security may-- - (A) if no Federal department or agency disapproves - a plan, design, or guidance as described in paragraphs - (1)(B) and (2), finalize the plan, design, or guidance - for purposes of subsections (a)(3) and (c); and - (B) if a Federal department or agency does - disapprove a plan, design, or guidance as described in - paragraphs (1)(B) and (2), provide an updated plan, - design, or guidance for review and approval or - disapproval in accordance with paragraphs (1) and (2). - (c) Public Posting.--The Secretary of Homeland Security shall -publish each final plan, design, or guidance that is developed under -this section on a public Internet website, except that the Secretary -may withhold publication of, or redact information from the publication -of, a plan, design, or guidance if-- - (1) publicly posting the information would not be in the - interest of homeland security; - (2) the information is protected from public disclosure by - other applicable law; or - (3) the information is protected from public disclosure by - contract. - (d) Relation to Other Law.--Nothing in this section shall be -construed to expand, repeal, limit, or otherwise affect the provisions -of other applicable law pertaining to the regulation of a homeland -security-critical supply. - (e) Biennial Review.--Not less than every 2 years, in accordance -with subsections (a) through (e), the Secretary of Homeland Security -shall coordinate the review and, as needed, revision of each plan, -design, and guidance in effect under this section. - (f) Definition.--In this section: - (1) The term ``homeland security-critical supply''-- - (A) means any supply needed to ensure public safety - and welfare during-- - (i) a national emergency or disaster, - including any public health emergency, act of - terrorism (as defined in section 3077 of title - 18, United States Code), cyber attack, and - other attack; or - (ii) any other reasonably foreseeable - contingency of grave consequence to the United - States during which shortages are reasonably - anticipated; and - (B) includes a vaccine, a medication, medical - equipment, and personal protective equipment. - (2) The term ``nontraditional manufacturer'' may include - (as determined by the Secretary)-- - (A) a home craftsperson; - (B) a distiller; - (C) a cosmetic manufacturer; - (D) a manufacturing facility primarily designed for - an industry other than manufacturing homeland security- - critical supplies; - (E) an institution of higher education; - (F) an advanced manufacturing facility; - (G) a machine shop; and - (H) a research laboratory. - -SEC. 1761. ESTABLISHMENT OF WESTERN EMERGENCY REFINED PETROLEUM - PRODUCTS RESERVE. +``Sec. +``4601. Electronic submission and processing of claims for contract + payments. +``4602. Contracted property and services: prompt payment of vouchers. +``4603. Advance notification of contract performance outside the United + States.''. + + (b) Transfer of Title 10 Sections.--Sections 2227, 2226, and 2410g +of title 10, United States Code, are transferred to chapter 361 of such +title, as amended by subsection (a), inserted (in that order) after the +table of sections at the beginning of such chapter, and redesignated as +section 4601, 4602, and 4603, respectively. +SEC. 1862. PROHIBITIONS AND PENALTIES. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 363 and inserting the following: + + ``CHAPTER 363--PROHIBITION AND PENALTIES - (a) Establishment.--The Secretary of Defense, acting through the -Director of the Defense Logistics Agency, shall establish a reserve, to -be known as the ``Western Emergency Refined Petroleum Products -Reserve'' (in this section referred to as the ``Reserve''), to store -refined petroleum products that may be made available to military and -governmental entities during an emergency situation, as determined -appropriate by the Secretary of Defense. - (b) Use of Reserve.--In accordance with subsection (a), the -Secretary of Defense may make refined petroleum products stored in the -Reserve available to other Federal agencies, State and local -governments, and any other public entity determined appropriate by the -Secretary of Defense. - (c) Reimbursement.--The Secretary of Defense shall require -reimbursement for associated costs for storage capacity or refined -petroleum products made available to other Federal agencies, State or -local governments, or any other public entity pursuant to this section. - (d) Location.--The Reserve shall-- - (1) be located in the western region of the United States; - (2) utilize salt cavern storage; and - (3) be in immediate proximity to existing pipeline, rail, - and highway infrastructure. - (e) Condition on Commencement.--Commencement of the program shall -be subject to the availability of appropriations for the program. - -SEC. 1762. FOREIGN STATE COMPUTER INTRUSIONS. - - (a) In General.--Chapter 97 of title 28, United States Code, is -amended by inserting after section 1605B the following: -``Sec. 1605C. Computer intrusions by a foreign state - ``A foreign state shall not be immune from the jurisdiction of the -courts of the United States or of the States in any case not otherwise -covered by this chapter in which money damages are sought against a -foreign state by a national of the United States for personal injury, -harm to reputation, or damage to or loss of property resulting from any -of the following activities, whether occurring in the United States or -a foreign state: - ``(1) Unauthorized access to or access exceeding - authorization to a computer located in the United States. - ``(2) Unauthorized access to confidential, electronic - stored information located in the United States. - ``(3) The transmission of a program, information, code, or - command to a computer located in the United States, which, as a - result of such conduct, causes damage without authorization. - ``(4) The use, dissemination, or disclosure, without - consent, of any information obtained by means of any activity - described in paragraph (1), (2), or (3). - ``(5) The provision of material support or resources for - any activity described in paragraph (1), (2), (3), or (4), - including by an official, employee, or agent of such foreign - state.''. - (b) Clerical Amendment.--The table of sections for chapter 97 of -title 28, United States Code, is amended by inserting after the item -relating to section 1605B the following: - -``1605C. Computer intrusions by a foreign state.''. - (c) Application.--This section and the amendments made by this -section shall apply to any action pending on or filed on or after the -date of the enactment of this Act. +``Sec. +``4651. Expenditure of appropriations: limitation. +``4652. Prohibition on use of funds for documenting economic or + employment impact of certain acquisition programs. +``4653. Prohibition on use of funds to relieve economic dislocations. +``4654. Prohibition on doing business with certain offerors or + contractors. +``4655. Prohibition of contractors limiting subcontractor sales directly + to the United States. +``4656. Prohibition on persons convicted of defense-contract related + felonies and related criminal penalty on defense contractors. +``4657. Prohibition on criminal history inquiries by contractors prior + to conditional offer. +``4658. Debarment of persons convicted of fraudulent use of `Made in + America' labels. +``4659. Prohibition on contracting with entities that comply with the + secondary Arab boycott of Israel. +``4660. Prohibition on collection of political information.''. + + (b) Transfer and Redesignation of Title 10 Sections.--The sections +of title 10, United States Code, specified in the left-hand column of +the following table are transferred to chapter 363 of such title, as +amended by subsection (a), inserted (in the order shown in the +following table) after the table of sections at the beginning of such +chapter, and redesignated in accordance with the section numbers in the +right-hand column, as follows: -SEC. 1763. ONLINE AND DISTANCE EDUCATION CLASSES AND NONIMMIGRANT - VISAS. - - (a) In General.--Notwithstanding any other provision of law, for -the period described in subsection (b), a nonimmigrant described in -subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration -and Nationality Act (8 U.S.C. 1101(a)(15)) may engage in online or -distance education classes or programs that are determined necessary by -an institution or program described in such subparagraph for the -protection of health and safety, and such classes or programs shall -count towards the requirement to pursue a full course of study to -maintain nonimmigrant status. - (b) Period Described.--The period described in this section-- - (1) begins on March 13, 2020; and - (2) ends on the date that is the later of-- - (A) June 30, 2021; or - (B) the date that is 90 days after the date on - which the public health emergency declared with respect - to COVID-19 by the Secretary of Health and Human - Services under section 319 of the Public Health Service - Act (42 U.S.C. 247d) is terminated. - -SEC. 1764. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SECRETARY OF - VETERANS AFFAIRS FOR MAINTENANCE BY NATIONAL CEMETERY - ADMINISTRATION. - (a) Agreement.--Beginning on the date that is 180 days after the -date on which the Secretary submits the report required by subsection -(c)(1), the Secretary of Veterans Affairs shall seek to enter into an -agreement with the city of Vallejo, California, under which the city of -Vallejo shall transfer to the Secretary all right, title, and interest -in the Mare Island Naval Cemetery in Vallejo, California, at no cost to -the Secretary. The Secretary shall seek to enter into such agreement -before the date that is 1 year after the date on which such report is -submitted. - (b) Maintenance by National Cemetery Administration.--If the Mare -Island Naval Cemetery is transferred to the Secretary of Veterans -Affairs pursuant to subsection (a), the National Cemetery -Administration shall maintain the cemetery as a national shrine. - (c) Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary shall submit to the - Committee on Veterans' Affairs of the Senate and the Committee - on Veterans' Affairs of the House of Representatives a report - on the feasibility and advisability of exercising the authority - granted by subsection (a). - (2) Contents.--The report submitted under paragraph (1) - shall include the following: - (A) An assessment of the feasibility and - advisability of exercising the authority granted by - subsection (a). - (B) An estimate of the costs, including both direct - and indirect costs, that the Department of Veterans - Affairs would incur by exercising such authority. - -SEC. 1765. MITIGATION OF HELICOPTER NOISE. - - (a) In General.--The Secretary of Defense shall take the following -actions to mitigate helicopter noise and to receive, track, and analyze -complaints on an ongoing basis from individuals in the National Capital -Region: - (1) Develop a noise inquiry website, to assist in directing - mitigation efforts toward concentrated areas of inquiry, that - is based off of the websites of the Ronald Reagan Washington - National Airport and the Dulles International Airport. Such - website shall-- - (A) provide a form to collect inquiry information; - (B) geo-tag the location of the inquiry to an - exportable map; - (C) export information to an Excel spreadsheet; and - (D) send an email response to the individual making - the inquiry. - (2) Establish a helicopter noise abatement working group - led by the Department of Defense to collect, correlate, and - identify trends associated with helicopter noise within the - National Capital Region, with officials of the Department of - Defense and the Federal Aviation Administration in attendance. - The working group shall recommend procedural changes to - mitigate the impact of helicopter noise on the community only - to the extent consistent with aviation safety and airspace - efficiency and while sustaining aircrew readiness, training, - and mission support. - (b) Definition of National Capital Region.--In this section, the -term ``National Capital Region'' has the meaning given the term in -section 2574 of title 10, United States Code. - -SEC. 1766. DEPARTMENT OF DEFENSE SUPPORT FOR CERTAIN SPORTING EVENTS. - - Section 2564 of title 10, United States Code, is amended-- - (1) in subsection (a), by inserting ``the Paralympics,'' - after ``the Olympics,''; and - (2) in subsection (c)-- - (A) in the subsection heading, by striking - ``Inapplicability to'' and inserting ``Support of''; - (B) by striking ``Subsections (a) and (b) do not - apply to'' and inserting ``The Secretary of Defense may - authorize technical, contracting, and specialized - equipment support to''; - (C) in paragraph (4), by inserting ``and - Paralympic'' after ``Olympic''; and - (D) in paragraph (5)(A)(iii), by inserting ``and - Paralympic'' after ``Olympic''. - -SEC. 1767. PILOT PROGRAM FOR ONLINE REAL ESTATE INVENTORY TOOL. - - (a) In General.--The Secretary of the Army in consultation with -Administrator of the General Services Administration and Assistant -Secretary of Defense for Sustainment shall establish a pilot program -for developing an online real estate tool of existing inventory of -space available at Army installations. - (b) Purpose.--The purpose of the online inventory tool is to-- - (1) achieve efficiencies in real estate property management - consistent with the National Defense Strategy goal of finding - greater efficiencies within the Department of Defense - operations; - (2) provide a public tool to better market space available - at Army installations for better utilization of existing space; - and - (3) provide a tool to better quantify existing space and - how it is utilize for current missions and requirements. - (c) Considerations.--The Secretary of the Army shall consider-- - (1) innovative approaches to establishing this pilot - program including use of other transaction authorities - consistent with section 2371 of title 10, United States Code, - as well as use of commercial off-the-shelf technologies; - (2) developing appropriate protections of sensitive or - classified information from being included with the online - inventory tool; and - (3) developing appropriate levels of access for private - sector users of the system. - (d) Establishment of Policy.--After the pilot program has been -established and locations identified, the Secretary of the Army shall -develop policy requiring the use of the system described in subsection -(a) to query for existing inventory before any military construction or -off-post leases are agreed to. The Secretary of the Army shall ensure -that all relevant notifications to congressional defense committees -include certification that the system in subsection (a) was queried. - (e) Rule of Construction.--Nothing in this section shall be -construed to effect the application of title V of the McKinney-Vento -Homeless Assistance Act (42 U.S.C. 11411 et seq.). +------------------------------------------------------------------------ + Section Redesignated Section +------------------------------------------------------------------------ +2207 4651 +2249 4652 +2392 4653 +2393 4654 +2402 4655 +2408 4656 +2339 4657 +2410f 4658 +2410i 4659 +2335 4660 +------------------------------------------------------------------------ -SEC. 1768. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL COMMISSION. - (a) Establishment.--Section 15301(a) of title 40, United States -Code, is amended by adding at the end the following: - ``(4) The Southern New England Regional Commission.''. - (b) Designation of Region.-- - (1) In general.--Subchapter II of chapter 157 of such title - is amended by adding at the end the following: -``Sec. 15734. Southern New England Regional Commission - ``The region of the Southern New England Regional Commission shall -include the following counties: - ``(1) Rhode island.--The counties of Providence, - Washington, Newport, and Bristol in the State of Rhode Island. - ``(2) Connecticut.--The counties of Hartford, New Haven, - and New London in the State of Connecticut. - ``(3) Massachusetts.--The counties of Hampden and Bristol - in the State of Massachusetts.''. - (2) Technical and conforming amendment.--The analysis for - Subchapter II of chapter 157 of such title is amended by adding - at the end the following: - -``15734. Southern New England Regional Commission.''. - (c) Authorization of Appropriations.--The authorization of -appropriations in section 15751 of title 40, United States Code, shall -apply with respect to the Southern New England Regional Commission -beginning with fiscal year 2021. - -SEC. 1769. FEDRAMP AUTHORIZATION ACT. - - (a) Short Title.--This section may be cited as the ``Federal Risk -and Authorization Management Program Authorization Act of 2020'' or the -``FedRAMP Authorization Act''. - (b) Codification of the FedRAMP Program.-- - (1) Amendment.--Chapter 36 of title 44, United States Code, - is amended by adding at the end the following new sections: -``Sec. 3607. Federal Risk and Authorization Management Program - ``(a) Establishment.--There is established within the General -Services Administration the Federal Risk and Authorization Management -Program. The Administrator of General Services, in accordance with the -guidelines established pursuant to section 3612, shall establish a -governmentwide program that provides the authoritative standardized -approach to security assessment and authorization for cloud computing -products and services that process unclassified information used by -agencies. - ``(b) Components of Fedramp.--The Joint Authorization Board and the -FedRAMP Program Management Office are established as components of -FedRAMP. -``Sec. 3608. FedRAMP Program Management Office - ``(a) GSA Duties.-- - ``(1) Roles and responsibilities.--The Administrator of - General Services shall-- - ``(A) determine the categories and characteristics - of cloud computing information technology goods or - services that are within the jurisdiction of FedRAMP - and that require FedRAMP authorization from the Joint - Authorization Board or the FedRAMP Program Management - Office; - ``(B) develop, coordinate, and implement a process - for the FedRAMP Program Management Office, the Joint - Authorization Board, and agencies to review security - assessments of cloud computing services pursuant to - subsections (b) and (c) of section 3611, and - appropriate oversight of continuous monitoring of cloud - computing services; and - ``(C) ensure the continuous improvement of FedRAMP. - ``(2) Implementation.--The Administrator shall oversee the - implementation of FedRAMP, including-- - ``(A) appointing a Program Director to oversee the - FedRAMP Program Management Office; - ``(B) hiring professional staff as may be necessary - for the effective operation of the FedRAMP Program - Management Office, and such other activities as are - essential to properly perform critical functions; - ``(C) entering into interagency agreements to - detail personnel on a reimbursable or non-reimbursable - basis to assist the FedRAMP Program Management Office - and the Joint Authorization Board in discharging the - responsibilities of the Office under this section; and - ``(D) such other actions as the Administrator may - determine necessary to carry out this section. - ``(b) Duties.--The FedRAMP Program Management Office shall have the -following duties: - ``(1) Provide guidance to independent assessment - organizations, validate the independent assessments, and apply - the requirements and guidelines adopted in section 3609(c)(5). - ``(2) Oversee and issue guidelines regarding the - qualifications, roles, and responsibilities of independent - assessment organizations. - ``(3) Develop templates and other materials to support the - Joint Authorization Board and agencies in the authorization of - cloud computing services to increase the speed, effectiveness, - and transparency of the authorization process, consistent with - standards defined by the National Institute of Standards and - Technology. - ``(4) Establish and maintain a public comment process for - proposed guidance before the issuance of such guidance by - FedRAMP. - ``(5) Issue FedRAMP authorization for any authorizations to - operate issued by an agency that meets the requirements and - guidelines described in paragraph (1). - ``(6) Establish frameworks for agencies to use - authorization packages processed by the FedRAMP Program - Management Office and Joint Authorization Board. - ``(7) Coordinate with the Secretary of Defense and the - Secretary of Homeland Security to establish a framework for - continuous monitoring and reporting required of agencies - pursuant to section 3553. - ``(8) Establish a centralized and secure repository to - collect and share necessary data, including security - authorization packages, from the Joint Authorization Board and - agencies to enable better sharing and reuse to such packages - across agencies. - ``(c) Evaluation of Automation Procedures.-- - ``(1) In general.--The FedRAMP Program Management Office - shall assess and evaluate available automation capabilities and - procedures to improve the efficiency and effectiveness of the - issuance of provisional authorizations to operate issued by the - Joint Authorization Board and FedRAMP authorizations, including - continuous monitoring of cloud environments and among cloud - environments. - ``(2) Means for automation.--Not later than 1 year after - the date of the enactment of this section and updated annually - thereafter, the FedRAMP Program Management Office shall - establish a means for the automation of security assessments - and reviews. - ``(d) Metrics for Authorization.--The FedRAMP Program Management -Office shall establish annual metrics regarding the time and quality of -the assessments necessary for completion of a FedRAMP authorization -process in a manner that can be consistently tracked over time in -conjunction with the periodic testing and evaluation process pursuant -to section 3554 in a manner that minimizes the agency reporting burden. -``Sec. 3609. Joint Authorization Board - ``(a) Establishment.--There is established the Joint Authorization -Board which shall consist of cloud computing experts, appointed by the -Director in consultation with the Administrator, from each of the -following: - ``(1) The Department of Defense. - ``(2) The Department of Homeland Security. - ``(3) The General Services Administration. - ``(4) Such other agencies as determined by the Director, in - consultation with the Administrator. - ``(b) Issuance of Provisional Authorizations To Operate.--The Joint -Authorization Board shall conduct security assessments of cloud -computing services and issue provisional authorizations to operate to -cloud service providers that meet FedRAMP security guidelines set forth -in section 3608(b)(1). - ``(c) Duties.--The Joint Authorization Board shall-- - ``(1) develop and make publicly available on a website, - determined by the Administrator, criteria for prioritizing and - selecting cloud computing services to be assessed by the Joint - Authorization Board; - ``(2) provide regular updates on the status of any cloud - computing service during the assessment and authorization - process of the Joint Authorization Board; - ``(3) review and validate cloud computing services and - independent assessment organization security packages or any - documentation determined to be necessary by the Joint - Authorization Board to evaluate the system security of a cloud - computing service; - ``(4) in consultation with the FedRAMP Program Management - Office, serve as a resource for best practices to accelerate - the FedRAMP process; - ``(5) establish requirements and guidelines for security - assessments of cloud computing services, consistent with - standards defined by the National Institute of Standards and - Technology, to be used by the Joint Authorization Board and - agencies; - ``(6) perform such other roles and responsibilities as the - Administrator may assign, in consultation with the FedRAMP - Program Management Office and members of the Joint - Authorization Board; and - ``(7) establish metrics and goals for reviews and - activities associated with issuing provisional authorizations - to operate and provide to the FedRAMP Program Management - Office. - ``(d) Determinations of Demand for Cloud Computing Services.--The -Joint Authorization Board shall consult with the Chief Information -Officers Council established in section 3603 to establish a process for -prioritizing and accepting the cloud computing services to be granted a -provisional authorization to operate through the Joint Authorization -Board, which shall be made available on a public website. - ``(e) Detail of Personnel.--To assist the Joint Authorization Board -in discharging the responsibilities under this section, personnel of -agencies may be detailed to the Joint Authorization Board for the -performance of duties described under subsection (c). -``Sec. 3610. Independent assessment organizations - ``(a) Requirements for Accreditation.--The Joint Authorization -Board shall determine the requirements for certification of independent -assessment organizations pursuant to section 3609. Such requirements -may include developing or requiring certification programs for -individuals employed by the independent assessment organizations who -lead FedRAMP assessment teams. - ``(b) Assessment.--Accredited independent assessment organizations -may assess, validate, and attest to the quality and compliance of -security assessment materials provided by cloud service providers. -``Sec. 3611. Roles and responsibilities of agencies - ``(a) In General.--In implementing the requirements of FedRAMP, the -head of each agency shall, consistent with guidance issued by the -Director pursuant to section 3612-- - ``(1) create policies to ensure cloud computing services - used by the agency meet FedRAMP security requirements and other - risk-based performance requirements as defined by the Director; - ``(2) issue agency-specific authorizations to operate for - cloud computing services in compliance with section 3554; - ``(3) confirm whether there is a provisional authorization - to operate in the cloud security repository established under - section 3608(b)(10) issued by the Joint Authorization Board or - a FedRAMP authorization issued by the FedRAMP Program - Management Office before beginning an agency authorization for - a cloud computing product or service; - ``(4) to the extent practicable, for any cloud computing - product or service the agency seeks to authorize that has - received either a provisional authorization to operate by the - Joint Authorization Board or a FedRAMP authorization by the - FedRAMP Program Management Office, use the existing assessments - of security controls and materials within the authorization - package; and - ``(5) provide data and information required to the Director - pursuant to section 3612 to determine how agencies are meeting - metrics as defined by the FedRAMP Program Management Office. - ``(b) Submission of Policies Required.--Not later than 6 months -after the date of the enactment of this section, the head of each -agency shall submit to the Director the policies created pursuant to -subsection (a)(1) for review and approval. - ``(c) Submission of Authorizations To Operate Required.--Upon -issuance of an authorization to operate or a provisional authorization -to operate issued by an agency, the head of each agency shall provide a -copy of the authorization to operate letter and any supplementary -information required pursuant to section 3608(b) to the FedRAMP Program -Management Office. - ``(d) Presumption of Adequacy.-- - ``(1) In general.--The assessment of security controls and - materials within the authorization package for provisional - authorizations to operate issued by the Joint Authorization - Board and agency authorizations to operate that receive FedRAMP - authorization from the FedRAMP Program Management Office shall - be presumed adequate for use in agency authorizations of cloud - computing products and services. - ``(2) Information security requirements.--The presumption - under paragraph (1) does not modify or alter the responsibility - of any agency to ensure compliance with subchapter II of - chapter 35 for any cloud computing products or services used by - the agency. -``Sec. 3612. Roles and responsibilities of the Office of Management and - Budget - ``The Director shall have the following duties: - ``(1) Issue guidance to ensure that an agency does not - operate a Federal Government cloud computing service using - Government data without an authorization to operate issued by - the agency that meets the requirements of subchapter II of - chapter 35 and FedRAMP. - ``(2) Ensure agencies are in compliance with any guidance - or other requirements issued related to FedRAMP. - ``(3) Review, analyze, and update guidance on the adoption, - security, and use of cloud computing services used by agencies. - ``(4) Ensure the Joint Authorization Board is in compliance - with section 3609(c). - ``(5) Adjudicate disagreements between the Joint - Authorization Board and cloud service providers seeking a - provisional authorization to operate through the Joint - Authorization Board. - ``(6) Promulgate regulations on the role of FedRAMP - authorization in agency acquisition of cloud computing products - and services that process unclassified information. -``Sec. 3613. Authorization of appropriations for FEDRAMP - ``There is authorized to be appropriated $20,000,000 each year for -the FedRAMP Program Management Office and the Joint Authorization -Board. -``Sec. 3614. Reports to Congress - ``Not later than 12 months after the date of the enactment of this -section, and annually thereafter, the Director shall submit to the -Committee on Oversight and Reform of the House of Representatives and -the Committee on Homeland Security and Governmental Affairs of the -Senate a report that includes the following: - ``(1) The status, efficiency, and effectiveness of FedRAMP - Program Management Office and agencies during the preceding - year in supporting the speed, effectiveness, sharing, reuse, - and security of authorizations to operate for cloud computing - products and services, including progress towards meeting the - metrics adopted by the FedRAMP Program Management Office - pursuant to section 3608(d) and the Joint Authorization Board - pursuant to section 3609(c)(5). - ``(2) Data on agency use of provisional authorizations to - operate issued by the Joint Authorization Board and agency - sponsored authorizations that receive FedRAMP authorization by - the FedRAMP Program Management Office. - ``(3) The length of time for the Joint Authorization Board - to review applications for and issue provisional authorizations - to operate. - ``(4) The length of time for the FedRAMP Program Management - Office to review agency applications for and issue FedRAMP - authorization. - ``(5) The number of provisional authorizations to operate - issued by the Joint Authorization Board and FedRAMP - authorizations issued by the FedRAMP Program Management Office - for the previous year. - ``(6) A review of progress made during the preceding year - in advancing automation techniques to securely automate FedRAMP - processes and to accelerate reporting as described in this - section. - ``(7) The number and characteristics of authorized cloud - computing services in use at each agency consistent with - guidance provided by the Director in section 3612. -``Sec. 3615. Federal Secure Cloud Advisory Committee - ``(a) Establishment, Purposes, and Duties.-- - ``(1) Establishment.--There is established a Federal Secure - Cloud Advisory Committee (referred to in this section as the - `Committee') to ensure effective and ongoing coordination of - agency adoption, use, authorization, monitoring, acquisition, - and security of cloud computing products and services to enable - agency mission and administrative priorities. - ``(2) Purposes.--The purposes of the Committee are the - following: - ``(A) To examine the operations of FedRAMP and - determine ways that authorization processes can - continuously be improved, including the following: - ``(i) Measures to increase agency re-use of - provisional authorizations to operate issued by - the Joint Authorization Board. - ``(ii) Proposed actions that can be adopted - to reduce the cost of provisional - authorizations to operate and FedRAMP - authorizations for cloud service providers. - ``(iii) Measures to increase the number of - provisional authorizations to operate or - FedRAMP authorizations for cloud computing - services offered by small businesses (as - defined by section 3(a) of the Small Business - Act (15 U.S.C. 632(a)). - ``(B) Collect information and feedback on agency - compliance with and implementation of FedRAMP - requirements. - ``(C) Serve as a forum that facilitates - communication and collaboration among the FedRAMP - stakeholder community. - ``(3) Duties.--The duties of the Committee are, at a - minimum, the following: - ``(A) Provide advice and recommendations to the - Administrator, the Joint Authorization Board, and to - agencies on technical, financial, programmatic, and - operational matters regarding secure adoption of cloud - computing services. - ``(B) Submit reports as required. - ``(b) Members.-- - ``(1) Composition.--The Committee shall be comprised of not - more than 15 members who are qualified representatives from the - public and private sectors, appointed by the Administrator, in - consultation with the Administrator of the Office of Electronic - Government, as follows: - ``(A) The Administrator or the Administrator's - designee, who shall be the Chair of the Committee. - ``(B) At least one representative each from the - Cybersecurity and Infrastructure Security Agency and - the National Institute of Standards and Technology. - ``(C) At least two officials who serve as the Chief - Information Security Officer within an agency, who - shall be required to maintain such a position - throughout the duration of their service on the - Committee. - ``(D) At least one official serving as Chief - Procurement Officer (or equivalent) in an agency, who - shall be required to maintain such a position - throughout the duration of their service on the - Committee. - ``(E) At least one individual representing an - independent assessment organization. - ``(F) No fewer than five representatives from - unique businesses that primarily provide cloud - computing services or products, including at least two - representatives from a small business (as defined by - section 3(a) of the Small Business Act (15 U.S.C. - 632(a))). - ``(G) At least two other government representatives - as the Administrator determines to be necessary to - provide sufficient balance, insights, or expertise to - the Committee. - ``(2) Deadline for appointment.--Each member of the - Committee shall be appointed not later than 30 days after the - date of the enactment of this Act. - ``(3) Period of appointment; vacancies.-- - ``(A) In general.--Each non-Federal member of the - Committee shall be appointed for a term of 3 years, - except that the initial terms for members may be - staggered 1-, 2-, or 3-year terms to establish a - rotation in which one-third of the members are selected - each year. Any such member may be appointed for not - more than 2 consecutive terms. - ``(B) Vacancies.--Any vacancy in the Committee - shall not affect its powers, but shall be filled in the - same manner in which the original appointment was made. - Any member appointed to fill a vacancy occurring before - the expiration of the term for which the member's - predecessor was appointed shall be appointed only for - the remainder of that term. A member may serve after - the expiration of that member's term until a successor - has taken office. - ``(c) Meetings and Rules of Procedures.-- - ``(1) Meetings.--The Committee shall hold not fewer than - three meetings in a calendar year, at such time and place as - determined by the Chair. - ``(2) Initial meeting.--Not later than 120 days after the - date of the enactment of this section, the Committee shall meet - and begin the operations of the Committee. - ``(3) Rules of procedure.--The Committee may establish - rules for the conduct of the business of the Committee, if such - rules are not inconsistent with this section or other - applicable law. - ``(d) Employee Status.-- - ``(1) In general.--A member of the Committee (other than a - member who is appointed to the Committee in connection with - another Federal appointment) shall not be considered an - employee of the Federal Government by reason of any service as - such a member, except for the purposes of section 5703 of title - 5, relating to travel expenses. - ``(2) Pay not permitted.--A member of the Committee covered - by paragraph (1) may not receive pay by reason of service on - the panel. - ``(e) Applicability to the Federal Advisory Committee Act.-- -Notwithstanding any other provision of law, the Federal Advisory -Committee Act (5 U.S.C. App.) shall apply to the Committee, except that -section 14 of such Act shall not apply. - ``(f) Hearings and Evidence.--The Committee, or on the authority of -the Committee, any subcommittee, may, for the purposes of carrying out -this section, hold hearings, sit and act at such times and places, take -testimony, receive evidence, and administer oaths. - ``(g) Contracting.--The Committee, may, to such extent and in such -amounts as are provided in appropriation Acts, enter into contracts to -enable the Committee to discharge its duties under this section. - ``(h) Information From Federal Agencies.-- - ``(1) In general.--The Committee is authorized to secure - directly from any executive department, bureau, agency, board, - commission, office, independent establishment, or - instrumentality of the Government, information, suggestions, - estimates, and statistics for the purposes of the Committee. - Each department, bureau, agency, board, commission, office, - independent establishment, or instrumentality shall, to the - extent authorized by law, furnish such information, - suggestions, estimates, and statistics directly to the - Committee, upon request made by the Chair, the Chair of any - subcommittee created by a majority of the Committee, or any - member designated by a majority of the Committee. - ``(2) Receipt, handling, storage, and dissemination.-- - Information may only be received, handled, stored, and - disseminated by members of the Committee and its staff - consistent with all applicable statutes, regulations, and - Executive orders. - ``(i) Detail of Employees.--Any Federal Government employee may be -detailed to the Committee without reimbursement from the Committee, and -such detailee shall retain the rights, status, and privileges of his or -her regular employment without interruption. - ``(j) Postal Services.--The Committee may use the United States -mails in the same manner and under the same conditions as agencies. - ``(k) Expert and Consultant Services.--The Committee is authorized -to procure the services of experts and consultants in accordance with -section 3109 of title 5, but at rates not to exceed the daily rate paid -a person occupying a position at Level IV of the Executive Schedule -under section 5315 of title 5. - ``(l) Reports.-- - ``(1) Interim reports.--The Committee may submit to the - Administrator and Congress interim reports containing such - findings, conclusions, and recommendations as have been agreed - to by the Committee. - ``(2) Annual reports.--Not later than 18 months after the - date of the enactment of this section, and annually thereafter, - the Committee shall submit to the Administrator and Congress a - final report containing such findings, conclusions, and - recommendations as have been agreed to by the Committee. -``Sec. 3616. Definitions - ``(a) In General.--Except as provided under subsection (b), the -definitions under sections 3502 and 3552 apply to sections 3607 through -this section. - ``(b) Additional Definitions.--In sections 3607 through this -section: - ``(1) Administrator.--The term `Administrator' means the - Administrator of General Services. - ``(2) Authorization package.--The term `authorization - package'-- - ``(A) means the essential information used to - determine whether to authorize the operation of an - information system or the use of a designated set of - common controls; and - ``(B) at a minimum, includes the information system - security plan, privacy plan, security control - assessment, privacy control assessment, and any - relevant plans of action and milestones. - ``(3) Cloud computing.--The term `cloud computing' has the - meaning given that term by the National Institutes of Standards - and Technology in NIST Special Publication 800-145 and any - amendatory or superseding document thereto. - ``(4) Cloud service provider.--The term `cloud service - provider' means an entity offering cloud computing services to - agencies. - ``(5) Director.--The term `Director' means the Director of - the Office of Management and Budget. - ``(6) Fedramp.--The term `FedRAMP' means the Federal Risk - and Authorization Management Program established under section - 3607(a). - ``(7) Fedramp authorization.--The term `FedRAMP - authorization' means a cloud computing product or service that - has received an agency authorization to operate and has been - approved by the FedRAMP Program Management Office to meet - requirements and guidelines established by the FedRAMP Program - Management Office. - ``(8) Fedramp program management office.--The term `FedRAMP - Program Management Office' means the office that administers - FedRAMP established under section 3608. - ``(9) Independent assessment organization.--The term - `independent assessment organization' means a third-party - organization accredited by the Program Director of the FedRAMP - Program Management Office to undertake conformity assessments - of cloud service providers. - ``(10) Joint authorization board.--The term `Joint - Authorization Board' means the Joint Authorization Board - established under section 3609.''. - (2) Technical and conforming amendment.--The table of - sections for chapter 36 of title 44, United States Code, is - amended by adding at the end the following new items: - -``3607. Federal Risk and Authorization Management Program. -``3608. FedRAMP Program Management Office. -``3609. Joint Authorization Board. -``3610. Independent assessment organizations. -``3611. Roles and responsibilities of agencies. -``3612. Roles and responsibilities of the Office of Management and - Budget. -``3613. Authorization of appropriations for FEDRAMP. -``3614. Reports to Congress. -``3615. Federal Secure Cloud Advisory Committee. -``3616. Definitions.''. - (3) Sunset.--This section and any amendment made by this - section shall be repealed on the date that is 10 years after - the date of the enactment of this section. - (4) Rule of construction.--Nothing in this section or any - amendment made by this section shall be construed as altering - or impairing the authorities of the Director of the Office of - Management and Budget or the Secretary of Homeland Security - under subchapter II of chapter 35 of title 44, United States - Code. + (c) Conforming Cross-reference Amendments.-- + (1) Section 2343 of title 10, United States Code, is amended by + striking ``Sections 2207,'' and inserting ``Sections 4651,''. + (2) Subsection (b) of section 4657 of title 10, United States + Code, as transferred and redesignated by subsection (b), is amended + by striking ``section 2393(c)'' and inserting ``section 4654(c)''. + (3) Section 1123 of the National Defense Authorization Act for + Fiscal Year 2020 (Public Law 116-92; 133 Stat.1614) is amended-- + (A) in subsection (b)(2), by striking ``Section 2339(a)'' + and inserting ``Section 4657(a)''; and + (B) in subsection (c)(1), by striking ``section 2339'' and + inserting ``section 4657''. +SEC. 1863. CONTRACTOR WORKFORCE. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 365 and inserting the following: + + ``CHAPTER 365--CONTRACTOR WORKFORCE -SEC. 1770. TAXPAYERS RIGHT-TO-KNOW ACT. +``Sec. +``4701. Contractor employees: protection from reprisal for disclosure of + certain information. +``4702. Incentives and consideration for qualified training programs. +``4703. Displaced contractor employees: assistance to obtain + certification and employment as teachers or employment as + teachers' aides. +``4704. Defense contractors: listing of suitable employment openings + with local employment service office.''. + + (b) Transfer of Title 10 Sections.--Sections 2409, 2409a, 2410j, +and 2410k of title 10, United States Code, are transferred to chapter +365 of such title, as amended by subsection (a), inserted (in that +order) after the table of sections, and redesignated as sections 4701, +4702, 4703, and 4704, respectively. + (c) Conforming Amendments to New 4701.--Subsection (g) of section +4701 of title 10, United States Code, as transferred and redesignated +by subsection (b), is amended-- + (1) by striking ``section 2303'' in paragraph (1) and inserting + ``section 3063''; and + (2) by striking paragraph (2). +SEC. 1864. OTHER ADMINISTRATIVE MATTERS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 367 and inserting the following: + + ``CHAPTER 367--OTHER ADMINISTRATIVE MATTERS - (a) Short Title.--This section may be cited as the ``Taxpayers -Right-To-Know Act''. - (b) Inventory of Government Programs.--Section 1122(a) of title 31, -United States Code, is amended-- - (1) by redesignating paragraphs (1) and (2) as paragraphs - (2) and (3), respectively; - (2) by inserting before paragraph (2), as so redesignated, - the following: - ``(1) Definitions.--For purposes of this subsection-- - ``(A) the term `Federal financial assistance' has - the meaning given that term under section 7501; - ``(B) the term `open Government data asset' has the - meaning given that term under section 3502 of title 44; - ``(C) the term `program' means a single program - activity or an organized set of aggregated, - disaggregated, or consolidated program activities by - one or more agencies directed toward a common purpose - or goal; and - ``(D) the term `program activity' has the meaning - given that term in section 1115(h).''; - (3) in paragraph (2), as so redesignated-- - (A) by striking ``In general.--Not later than - October 1, 2012, the Office of Management and Budget - shall'' and inserting ``Website and program - inventory.--The Director of the Office of Management - and Budget shall''; - (B) in subparagraph (A), by inserting ``that - includes the information required under subsections (b) - and (c)'' after ``a single website''; and - (C) by striking subparagraphs (B) and (C) and - inserting the following: - ``(B) include on the website described in - subparagraph (A), or another appropriate Federal - Government website where related information is made - available, as determined by the Director-- - ``(i) a program inventory that shall - identify each program; and - ``(ii) for each program identified in the - program inventory, the information required - under paragraph (3); - ``(C) make the information in the program inventory - required under subparagraph (B) available as an open - Government data asset; and - ``(D) at a minimum-- - ``(i) update the information required to be - included on the single website under - subparagraph (A) on a quarterly basis; and - ``(ii) update the program inventory - required under subparagraph (B) on an annual - basis.''; - (4) in paragraph (3), as so redesignated-- - (A) in the matter preceding subparagraph (A), by - striking ``described under paragraph (1) shall - include'' and inserting ``identified in the program - inventory required under paragraph (2)(B) shall - include''; - (B) in subparagraph (B), by striking ``and'' at the - end; - (C) in subparagraph (C), by striking the period at - the end and inserting ``and,''; and - (D) by adding at the end the following: - ``(D) for each program activity that is part of a - program-- - ``(i) a description of the purposes of the - program activity and the contribution of the - program activity to the mission and goals of - the agency; - ``(ii) a consolidated view for the current - fiscal year and each of the 2 fiscal years - before the current fiscal year of-- - ``(I) the amount appropriated; - ``(II) the amount obligated; and - ``(III) the amount outlayed; - ``(iii) to the extent practicable and - permitted by law, links to any related - evaluation, assessment, or program performance - review by the agency, an inspector general, or - the Government Accountability Office (including - program performance reports required under - section 1116), and other related evidence - assembled in response to implementation of the - Foundations for Evidence-Based Policymaking Act - of 2018 (Public Law 115-435; 132 Stat. 5529); - ``(iv) an identification of the statutes - that authorize the program activity or the - authority under which the program activity was - created or operates; - ``(v) an identification of any major - regulations specific to the program activity; - ``(vi) any other information that the - Director of the Office of Management and Budget - determines relevant relating to program - activity data in priority areas most relevant - to Congress or the public to increase - transparency and accountability; and - ``(vii) for each assistance listing under - which Federal financial assistance is provided, - for the current fiscal year and each of the 2 - fiscal years before the current fiscal year and - consistent with existing law relating to the - protection of personally identifiable - information-- - ``(I) a linkage to the relevant - program activities that fund Federal - financial assistance by assistance - listing; - ``(II) information on the - population intended to be served by the - assistance listing based on the - language of the solicitation, as - required under section 6102; - ``(III) to the extent practicable - and based on data reported to the - agency providing the Federal financial - assistance, the results of the Federal - financial assistance awards provided by - the assistance listing; - ``(IV) to the extent practicable, - the percentage of the amount - appropriated for the assistance listing - that is used for management and - administration; - ``(V) the identification of each - award of Federal financial assistance - and, to the extent practicable, the - name of each direct or indirect - recipient of the award; and - ``(VI) any information relating to - the award of Federal financial - assistance that is required to be - included on the website established - under section 2(b) of the Federal - Funding Accountability and Transparency - Act of 2006 (31 U.S.C. 6101 note).''; - and - (5) by adding at the end the following: - ``(4) Archiving.--The Director of the Office of Management - and Budget shall-- - ``(A) archive and preserve the information included - in the program inventory required under paragraph - (2)(B) after the end of the period during which such - information is made available under paragraph (3); and - ``(B) make information archived in accordance with - subparagraph (A) publicly available as an open - Government data asset.''. - (c) Guidance, Implementation, Reporting, and Review.-- - (1) Definitions.--In this subsection-- - (A) the term ``appropriate congressional - committees'' means the Committee on Oversight and - Reform of the House of Representatives and the - Committee on Homeland Security and Governmental Affairs - of the Senate; - (B) the term ``Director'' means the Director of the - Office of Management and Budget; - (C) the term ``program'' has the meaning given that - term in section 1122(a)(1) of title 31, United States - Code, as amended by subsection (b) of this section; - (D) the term ``program activity'' has the meaning - given that term in section 1115(h) of title 31, United - States Code; and - (E) the term ``Secretary'' means the Secretary of - the Treasury. - (2) Plan for implementation and reconciling program - definitions.--Not later than 180 days after the date of - enactment of this Act, the Director, in consultation with the - Secretary, shall submit to the appropriate congressional - committees a report that-- - (A) includes a plan that-- - (i) discusses how making available on a - website the information required under - subsection (a) of section 1122 of title 31, - United States Code, as amended by subsection - (b), will leverage existing data sources while - avoiding duplicative or overlapping information - in presenting information relating to program - activities and programs; - (ii) indicates how any gaps in data will be - assessed and addressed; - (iii) indicates how the Director will - display such data; and - (iv) discusses how the Director will expand - the information collected with respect to - program activities to incorporate the - information required under the amendments made - by subsection (b); - (B) sets forth details regarding a pilot program, - developed in accordance with best practices for - effective pilot programs-- - (i) to develop and implement a functional - program inventory that could be limited in - scope; and - (ii) under which the information required - under the amendments made by subsection (b) - with respect to program activities shall be - made available on the website required under - section 1122(a) of title 31, United States - Code; - (C) establishes an implementation timeline for-- - (i) gathering and building program activity - information; - (ii) developing and implementing the pilot - program; - (iii) seeking and responding to stakeholder - comments; - (iv) developing and presenting findings - from the pilot program to the appropriate - congressional committees; - (v) notifying the appropriate congressional - committees regarding how program activities - will be aggregated, disaggregated, or - consolidated as part of identifying programs; - and - (vi) implementing a Governmentwide program - inventory through an iterative approach; and - (D) includes recommendations, if any, to reconcile - the conflicting definitions of the term ``program'' in - relevant Federal statutes, as it relates to the purpose - of this section. - (3) Implementation.-- - (A) In general.--Not later than 3 years after the - date of enactment of this Act, the Director shall make - available online all information required under the - amendments made by subsection (b) with respect to all - programs. - (B) Extensions.--The Director may, based on an - analysis of the costs of implementation, and after - submitting to the appropriate congressional committees - a notification of the action by the Director, extend - the deadline for implementation under subparagraph (A) - by not more than a total of 1 year. - (4) Reporting.--Not later than 2 years after the date on - which the Director makes available online all information - required under the amendments made by subsection (b) with - respect to all programs, the Comptroller General of the United - States shall submit to the appropriate congressional committees - a report regarding the implementation of this section and the - amendments made by this section, which shall-- - (A) review how the Director and agencies determined - how to aggregate, disaggregate, or consolidate program - activities to provide the most useful information for - an inventory of Government programs; - (B) evaluate the extent to which the program - inventory required under section 1122 of title 31, - United States Code, as amended by this section, - provides useful information for transparency, decision- - making, and oversight; - (C) evaluate the extent to which the program - inventory provides a coherent picture of the scope of - Federal investments in particular areas; and - (D) include the recommendations of the Comptroller - General, if any, for improving implementation of this - section and the amendments made by this section. - (d) Technical and Conforming Amendments.-- - (1) In general.--Section 1122 of title 31, United States - Code, is amended-- - (A) in subsection (b), in the matter preceding - paragraph (1), by inserting ``described in subsection - (a)(2)(A)'' after ``the website'' each place it - appears; - (B) in subsection (c), in the matter preceding - paragraph (1), by inserting ``described in subsection - (a)(2)(A)'' after ``the website''; and - (C) in subsection (d)-- - (i) in the subsection heading, by striking - ``on Website''; and - (ii) in the first sentence, by striking - ``on the website''. - (2) Other amendments.-- - (A) Section 1115(a) of title 31, United States - Code, is amended in the matter preceding paragraph (1) - by striking ``the website provided under'' and - inserting ``a website described in''. - (B) Section 10 of the GPRA Modernization Act of - 2010 (31 U.S.C. 1115 note) is amended-- - (i) in subsection (a)(3), by striking ``the - website described under'' and inserting ``a - website described in''; and - (ii) in subsection (b)-- - (I) in paragraph (1), by striking - ``the website described under'' and - inserting ``a website described in''; - and - (II) in paragraph (3), by striking - ``the website as required under'' and - inserting ``a website described in''. - (C) Section 1120(a)(5) of title 31, United States - Code, is amended by striking ``the website described - under'' and inserting ``a website described in''. - (D) Section 1126(b)(2)(E) of title 31, United - States Code, is amended by striking ``the website of - the Office of Management and Budget pursuant to'' and - inserting ``a website described in''. - (E) Section 3512(a)(1) of title 31, United States - Code, is amended by striking ``the website described - under'' and inserting ``a website described in''. - -SEC. 1771. BUILDING UNITED STATES CAPACITY FOR VERIFICATION AND - MANUFACTURING OF ADVANCED MICROELECTRONICS. - - (a) In General.--The Secretary of Commerce, acting through the -Director of the National Institute of Standards and Technology, shall -carry out research and development to enable advances and breakthroughs -in measurement science, standards, material characterization, -instrumentation, testing, and manufacturing capabilities that will -accelerate the underlying research and development for design, -development, and manufacturability of next generation microelectronics -and ensure the competitiveness and leadership of the United States -within the microlectronics sector. - (b) Elements.--The activities under subsection (a) shall include -research and development in the following areas: - (1) Advanced metrology and characterization for - manufacturing of microchips using 3 nanometer transistor - processes or more advanced processes. - (2) Metrology for security and supply chain verification, - including pre-silicon security verification of the design for - logical and physical vulnerabilities beyond current functional - analysis. - -SEC. 1772. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS RELEASE - INVENTORY. - - Section 7321 of the PFAS Act of 2019 (Public Law 116-92) is -amended-- - (1) in subsection (b), by adding at the end the following: - ``(3) Limitation.--Section 372.38 of title 40, Code of - Federal Regulations (or any successor regulation), shall not - apply to a chemical described in paragraph (1) unless the - Administrator, in accordance with paragraph (2)(B), revises the - threshold for reporting such chemical to 10,000 pounds.''; - (2) in subsection (c), by adding at the end the following: - ``(3) Limitation.--Section 372.38 of title 40, Code of - Federal Regulations (or any successor regulation), shall not - apply to the substances and classes of substances included in - the toxics release inventory under paragraph (1) unless the - Administrator, in accordance with paragraph (2)(B), revises the - threshold for reporting such substances and class of substances - to 10,000 pounds.''; and - (3) in subsection (d), by adding at the end the following: - ``(4) Limitation.--Section 372.38 of title 40, Code of - Federal Regulations (or any successor regulation), shall not - apply to the substances and classes of substances described in - paragraph (2) unless the Administrator sets a 10,000 pound - reporting threshold for such substances and classes of - substances.''. - -SEC. 1773. HEMP PRODUCTS. - - The Secretary of Defense may not prohibit, on the basis of a -product containing hemp or any ingredient derived from hemp, the -possession, use, or consumption of such product by a member of the -Armed Forces if-- - (1) the hemp meets the definition in section 297A of the - Agricultural Marketing Act of 1946 (7 U.S.C. 1639o); and - (2) such possession, use, or consumption is in compliance - with applicable Federal, State, and local law. - -SEC. 1774. EXEMPTION FROM PAPERWORK REDUCTION ACT. - - (a) Uniformed Services University of the Health Sciences.--Chapter -104 of title 10, United States Code, is amended by adding at the end -the following new section: -``Sec. 2117. Exemption from Paperwork Reduction Act - ``Subchapter I of chapter 35 of title 44 shall not apply to the -voluntary collection of information during the conduct of research by -the University.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such chapter is amended by inserting after the item relating to section -2116 the following new item: - -``2117. Exemption from Paperwork Reduction Act.''. - -SEC. 1775. SUPPORT FOR THE DESIGNATION OF NATIONAL BORINQUENEERS DAY. - - (a) Sense of Congress.--It is the Sense of Congress that-- - (1) in 1898, Puerto Rico became a territory of the United - States and, the following year, Congress authorized raising a - military unit of volunteer soldiers on the island, which was - organized as the ``Puerto Rico Regiment of Volunteer - Infantry''; - (2) in 1908, Congress incorporated the regiment as part of - the regular United States Army as the ``Puerto Rico Regiment of - Infantry''; - (3) in 1917, after the United States entry into World War - I, the Puerto Rico Regiment of Infantry was sent to Panama to - defend the Panama Canal Zone; - (4) in 1920, Congress redesignated the unit as the 65th - Infantry Regiment of the United States Army; - (5) during World War II, the 65th Infantry Regiment served - in North Africa and Europe, including combat operations in - France and Germany for which members of the unit received - commendations for valiant service, including 1 Distinguished - Service Cross, 2 Silver Stars, 2 Bronze Stars, and 90 Purple - Hearts; - (6) in 1950, the 65th Infantry Regiment deployed to South - Korea, and during the voyage the soldiers nicknamed the unit - the ``Borinqueneers'', a reference to the native Taino Tribe's - name for the island of Puerto Rico; - (7) during the Korean war, the 65th Infantry Regiment - (hereinafter, the ``Borinqueneers'') engaged in substantial - combat operations on the Korean Peninsula, and the unit played - a central role in several important offensives and counter- - offensives that earned it well-deserved admiration and - commendation; - (8) the Borinqueneers' extraordinary service during the - Korean war resulted in the Regiment receiving 2 Presidential - Unit Citations (Army and Navy), 2 Republic of Korea - Presidential Unit Citations, a Meritorious Unit Commendation - (Army), a Navy Unit Commendation, the Chryssoun Aristion - Andrias (Bravery Gold Medal of Greece), and campaign - participation credits for United Nations Offensive, Chinese - Communist Forces (CCF) Intervention, First United Nations - Counteroffensive, CCF Spring Offensive, United Nations Summer- - Fall Offensive, Second Korean Winter, Korea Summer-Fall 1952, - Third Korean Winter, and Korea Summer 1953; - (9) the Borinqueneers' extraordinary service during the - Korean war also resulted in numerous individual commendations - and awards for its soldiers, including 1 Medal of Honor, 9 - Distinguished Service Crosses, more than 250 Silver Stars, more - than 600 Bronze Stars, and more than 2,700 Purple Hearts; - (10) in 1956, the 65th Infantry Regiment was deactivated - from the regular United States Army and, in 1959, its units and - regimental number were assigned to the Puerto Rico National - Guard; - (11) in 1982, the United States Army Center of Military - History officially authorized designating the 65th Infantry - Regiment as the ``Borinqueneers''; and - (12) on April 13, 2016, Congress awarded the Congressional - Gold Medal to the 65th Infantry Regiment in recognition of the - Borinqueneers' numerous contributions to American history and - outstanding military service from World War I through the - recent conflicts in Afghanistan and Iraq. - (b) Resolution.--The House of Representatives-- - (1) expresses support for the designation of ``National - Borinqueneers Day''; - (2) recognizes the bravery, service, and sacrifice of the - Puerto Rican soldiers of the 65th Infantry Regiment in the - armed conflicts of the United States in the 20th and 21st - centuries; - (3) expresses deep gratitude for the contributions to the - Armed Forces that have been made by hundreds of thousands of - patriotic United States citizens from Puerto Rico; and - (4) urges individuals and communities across the United - States to participate in activities that are designed-- - (A) to celebrate the distinguished service of the - military veterans who served in the 65th Infantry - Regiment, known as the ``Borinqueneers''; - (B) to pay tribute to the sacrifices made and - adversities overcome by Puerto Rican and Hispanic - military service members; and - (C) to recognize the significant contributions to - American history made by the 65th Infantry Regiment, - known as the ``Borinqueneers''. - -SEC. 1776. TEMPORARY RELIEF FOR PRIVATE STUDENT LOAN BORROWERS. - - (a) In General.--A servicer of a private education loan extended to -a covered borrower shall suspend all payments on such loan through -September 30, 2021. - (b) No Accrual of Interest.--Interest shall not accrue on a loan -described under subsection (a) for which payment was suspended for the -period of the suspension. - (c) Consideration of Payments.--A servicer of a private education -loan extended to a covered borrower shall deem each month for which a -loan payment was suspended under this section as if the borrower of the -loan had made a payment for the purpose of any loan forgiveness program -or loan rehabilitation program for which the borrower would have -otherwise qualified. - (d) Reporting to Consumer Reporting Agencies.--During the period in -which a loan payment was suspended under this section, the servicer of -the loan shall ensure that, for the purpose of reporting information -about the loan to a consumer reporting agency, any payment that has -been suspended is treated as if it were a regularly scheduled payment -made by a borrower. - (e) Suspending Involuntary Collection.--During the period for which -a loan payment was suspended under this section, the servicer or holder -of the loan shall suspend all involuntary collection related to the -loan. - (f) Notice to Borrowers and Transition Period.--To inform covered -borrowers of the actions taken in accordance with this section and -ensure an effective transition, the servicer of a private education -loan extended to a covered borrower shall-- - (1) not later than 15 days after the date of enactment of - this Act, notify covered borrowers-- - (A) of the actions taken in accordance with - subsections (a) and (b) for whom payments have been - suspended and interest waived; - (B) of the actions taken in accordance with - subsection (e) for whom collections have been - suspended; - (C) of the option to continue making payments - toward principal; and - (D) that the program under this section is a - temporary program; and - (2) beginning on August 1, 2020, carry out a program to - provide not less than 6 notices by postal mail, telephone, or - electronic communication to covered borrowers indicating when - the borrower's normal payment obligations will resume. - (g) Definitions.--In this section: - (1) Covered borrower.--The term ``covered borrower'' means - a borrower of a private education loan. - (2) Private education loan.--The term ``private education - loan'' has the meaning given the term in section 140 of the - Truth in Lending Act (15 U.S.C. 1650). +``Sec. +``4751. Determinations and decisions. +``4752. Remission of liquidated damages. +``4753. Supplies: identification of supplier and sources. +``4754. Management of purchase cards.''. -SEC. 1777. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM. + (b) Transfer of Title 10 Sections.--Sections 2310, 2312, 2384, and +2784 of title 10, United States Code, are transferred to chapter 367 of +such title, as amended by subsection (a), inserted (in that order) +after the table of sections, and redesignated as sections 4751, 4752, +4753, and 4754, respectively. + (c) Conforming Amendments to New Section 4751.--Section 4751 of +title 10, United States Code, as transferred and redesignated by +subsection (b), is amended-- + (1) in subsection (a), by striking ``made under this chapter'' + and inserting ``made under any chapter 137 legacy provision''; and + (2) in subsection (b), by striking ``section 2306(g)(1), + 2307(d), or 2313(c)(2)(B)'' and inserting ``section 3531(a), 3803, + or 3841(c)(2)(B)''. - Of the funds authorized to be appropriated by this Act for fiscal -year 2021 for the Department of Defense, the Secretary of Defense may -contribute $5,000,000 to support the National Maritime Heritage Grants -Program established under section 308703 of title 54, United States -Code. + Subtitle I--Defense Industrial Base -SEC. 1778. EXTENSION OF TIME TO REVIEW WORLD WAR I VALOR MEDALS. +SEC. 1866. DEFENSE INDUSTRIAL BASE GENERALLY. + (a) Tables of Chapters Amendments.--The tables of chapters at the +beginning of subtitle A, and at the beginning of part V of subtitle A +(as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232)), of title +10, United States Code, are amended by striking the item relating to +chapter 381 and inserting the following: - (a) In General.--Section 584(f) of the National Defense -Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. -1281) is amended by striking ``five'' and inserting ``seven''. - (b) Effective Date.--The amendment made by subsection (a) shall -take effect as if enacted on the date of the enactment of the National -Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 -Stat. 1281). +``381. Defense Industrial Base Generally.......................... 4801 -SEC. 1779. ENSURING CHINESE DEBT TRANSPARENCY. +``382. Policies and Planning...................................... 4811 - (a) United States Policy at the International Financial -Institutions.--The Secretary of the Treasury shall instruct the United -States Executive Director at each international financial institution -(as defined in section 1701(c)(2) of the International Financial -Institutions Act) that it is the policy of the United States to use the -voice and vote of the United States at the respective institution to -seek to secure greater transparency with respect to the terms and -conditions of financing provided by the government of the People's -Republic of China to any member state of the respective institution -that is a recipient of financing from the institution, consistent with -the rules and principles of the Paris Club. - (b) Report Required.--The Chairman of the National Advisory Council -on International Monetary and Financial Policies shall include in the -annual report required by section 1701 of the International Financial -Institutions Act-- - (1) a description of progress made toward advancing the - policy described in subsection (a) of this section; and - (2) a discussion of financing provided by entities owned or - controlled by the government of the People's Republic of China - to the member states of international financial institutions - that receive financing from the international financial - institutions, including any efforts or recommendations by the - Chairman to seek greater transparency with respect to the - former financing. - (c) Sunset.--Subsections (a) and (b) of this section shall have no -force or effect after the earlier of-- - (1) the date that is 7 years after the date of the - enactment of this Act; or - (2) 30 days after the date that the Secretary reports to - the Committee on Financial Services of the House of - Representatives and the Committee on Foreign Relations of the - Senate that the People's Republic of China is in substantial - compliance with the rules and principles of the Paris Club. +``383. Development, Application, & Support of Dual-Use +Technologies...................................................... 4831 -SEC. 1780. STRATEGY TO SECURE EMAIL. +``384. Manufacturing Technology................................... 4841 - (a) In General.--Not later than December 31, 2021, the Secretary of -Homeland Security shall develop and submit to Congress a strategy, -including recommendations, to implement across all United States-based -email providers Domain-based Message Authentication, Reporting, and -Conformance standard at scale. - (b) Elements.--The strategy required under subsection (a) shall -include the following: - (1) A recommendation for the minimum size threshold for - United States-based email providers for applicability of - Domain-based Message Authentication, Reporting, and - Conformance. - (2) A description of the security and privacy benefits of - implementing the Domain-based Message Authentication, - Reporting, and Conformance standard at scale, including - recommendations for national security exemptions, as - appropriate, as well as the burdens of such implementation and - an identification of the entities on which such burdens would - most likely fall. - (3) An identification of key United States and - international stakeholders associated with such implementation. - (4) An identification of any barriers to such implementing, - including a cost-benefit analysis where feasible. - (5) An initial estimate of the total cost to the Federal - Government and implementing entities in the private sector of - such implementing, including recommendations for defraying such - costs, if applicable. - (c) Consultation.--In developing the strategies and recommendations -under subsection (a), the Secretary of Homeland Security may, as -appropriate, consult with representatives from the information -technology sector. - (d) Definition.--In this section, the term ``Domain-based Message -Authentication, Reporting, and Conformance'' means an email -authentication, policy, and reporting protocol that verifies the -authenticity of the sender of an email and blocks and reports to the -sender fraudulent accounts. +``385. Other Technology Base Policies and Programs...............4851''. -SEC. 1781. REPORT ON THREAT POSED BY DOMESTIC TERRORISTS. + (b) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by striking chapter 381 and inserting the following: - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Director of the Federal Bureau of -Investigation, the Under Secretary of Homeland Security for -Intelligence and Analysis, and the Director of National Intelligence -(acting through the National Counterterrorism Center) shall jointly -submit to the appropriate congressional committees a report that -includes an evaluation of the nature and extent of the domestic terror -threat and domestic terrorist groups. - (b) Elements.--The report under subsection (a) shall-- - (1) describe the manner in which domestic terror activity - is tracked and reported; - (2) identify all known domestic terror groups, whether - formal in nature or loosely affiliated ideologies; - (3) include a breakdown of the ideology of each group; and - (4) describe the efforts of such groups, if any, to - infiltrate or target domestic constitutionally protected - activity by citizens for cooption or to carry out attacks, and - the number of individuals associated or affiliated with each - group that engages in such efforts. - -SEC. 1782. DOMESTIC PROCUREMENT OF TUNGSTEN AND TUNGSTEN POWDER. - - To the extent practicable, the Secretary of Defense shall -prioritize the procurement of tungsten and tungsten powder from only -domestic producers. - -SEC. 1783. DEPARTMENT OF DEFENSE MECHANISM FOR PROVISION OF DISSENTING - VIEWS. - - (a) In General.--The Secretary of Defense shall establish a -mechanism through which members of the Armed Forces and civilian -employees of the Department of Defense may privately provide dissenting -views regarding the Department of Defense and United States national -security policy without fear of retribution. - (b) Briefing.--Not later than 180 days after the date of the -enactment of this Act, the Secretary shall provide to the congressional -defense committees a briefing on the status of the mechanism required -by subsection (a). - (c) Rule of Construction.--Nothing in this section shall be -construed to alleviate the duty of any individual to follow the -military chain of command or to follow the policies of the Department -of Defense and Federal Government. - -SEC. 1784. SECTOR RISK MANAGEMENT AGENCIES. - - (a) Definitions.--In this Act: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means the Committee on - Homeland Security and the Committee on Armed Services in the - House of Representatives and the Committee on Homeland Security - and Governmental Affairs and Committee on Armed Services in the - Senate. - (2) Critical infrastructure.--The term ``critical - infrastructure'' has the meaning given that term in section - 2(4) of the Homeland Security Act of 2002. - (3) Department.--The term ``Department'' means the - Department of Homeland Security. - (4) Director.--The term ``Director'' means the Director of - the Cybersecurity and Infrastructure Security Agency of the - Department. - (5) Information sharing and analysis organization.--The - term ``information sharing and analysis organization'' has the - meaning given that term in section 2222(5) of the Homeland - Security Act of 2002. - (6) Secretary.--The term ``Secretary'' means the Secretary - of Homeland Security. - (7) Sector risk management agency.--The term ``sector risk - management agency'' has the meaning given that term in section - 2201(5) of the Homeland Security Act of 2002. - (b) Critical Infrastructure Sector Designation.-- - (1) Initial review.--Not later than 180 days after the date - of the enactment of this Act, the Secretary shall review the - current framework for securing critical infrastructure, as - described in section 2202(c)(4) of the Homeland Security Act - and Presidential Policy Directive 21, and submit a report to - the President containing recommendations for-- - (A) any revisions to the current framework for - securing critical infrastructure; - (B) any revisions to the list of critical - infrastructure sectors set forth in Presidential Policy - Directive 21 or previously designated subsectors; and - (C) any revisions to the list of designated Federal - departments or agencies that serve as the Sector Risk - Management Agency for a sector or subsector, necessary - to comply with paragraph (3)(B). - (2) Periodic evaluation by the secretary.--At least once - every 5 years, the Secretary, in consultation with the - Director, shall-- - (A) evaluate the current list of critical - infrastructure sectors and subsectors and the - appropriateness of Sector Risk Management Agency - designations, as set forth in Presidential Policy - Directive 21, or any successor document or policy; and - (B) recommend to the President-- - (i) any revisions to the list of critical - infrastructure sectors or subsectors; and - (ii) any revisions to the designation of - any Federal department or agency designated as - the Sector Risk Management Agency for a sector - or subsector. - (3) Review and revision by the president.-- - (A) In general.--Not later than 180 days after a - recommendation by the Secretary pursuant to paragraph - (2), the President shall-- - (i) review the recommendation and revise, - as appropriate, the designation of a critical - infrastructure sector or subsector or the - designation of a Sector Risk Management Agency; - or - (ii) submit a report to appropriate - congressional committees, and the Majority and - Minority Leaders of the Senate and the Speaker - and Minority Leader of the House of - Representatives, explaining the basis for - rejecting the recommendations of the Secretary. - (B) Limitation.--The President may only designate - an agency under this subsection if the agency is - referenced in section 205 of the Chief Financial - Officers Act of 1990 (42 U.S.C. 901). - (4) Publication.--Any designation of critical - infrastructure sectors shall be published in the Federal - Register. - (c) Sector Risk Management Agencies.-- - (1) References.--Any reference to a sector-specific agency - in any law, regulation, map, document, record, or other paper - of the United States shall be deemed to be a reference to the - Sector Risk Management Agency of the relevant critical - infrastructure sector. - (2) Sector risk management agency.--Subtitle A of title - XXII of the Homeland Security Act of 2002 is amended by adding - at the end the following new section: + ``CHAPTER 381--DEFENSE INDUSTRIAL BASE GENERALLY -``SEC. 2215. SECTOR RISK MANAGEMENT AGENCIES. +``Sec. +``4801. Definitions.''. + + (c) Transfer of Definitions Section.--Section 2500 of such title is +transferred to chapter 381 of such title, as amended by subsection (b), +inserted after the table of sections at the beginning, redesignated as +section 4801, and amended-- + (1) in the matter preceding paragraph (1), by striking ``In + this chapter'' and inserting ``In this subpart''; + (2) in paragraph (8), by striking ``section 2505'' and + ``section 2501(a)'' and inserting ``section 4816'' and ``section + 4811(a)'', respectively; and + (3) by adding at the end the following new paragraph: + ``(16) The term `chapter 148 legacy provision' means any of the + following provisions of this subpart: sections 4801, 4811-4819, + 4831-4834, 4841-4843, 4851, 4852, 4861-4864, 4871, 4872, 4881-4884, + 4891, and 4892, and chapter 389.''. + (d) Conforming Cross-reference Amendments.-- + (1) Section 843(c) of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 + U.S.C. 2302 note) is amended-- + (A) in paragraph (4), by striking ``section 2302(9)'' and + inserting ``section 3021''; and + (B) in paragraph (5), by striking ``section 2500(5)'' and + inserting ``section 4801(5)''. + (2) Section 2474(a)(2) of title 10, United States Code, is + amended by striking ``section 2500(1)'' and inserting ``section + 4801(1)''. + (3) Section 881 of the National Defense Authorization Act for + Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2501 note) is + amended-- + (A) in subsection (a)-- + (i) in the matter preceding paragraph (1), by striking + ``section 2500'' and inserting ``section 4801''; and + (ii) in paragraph (4), by striking ``section 2501(b)'' + and inserting ``section 4811(b)''; and + (B) in subsection (c), by striking ``section 2504'' and + inserting ``section 4814''. + (4) The National Defense Authorization Act for Fiscal Year 2004 + (Public Law 108-136; 10 U.S.C. 2501 note) is amended-- + (A) in section 812-- + (i) in subsection (a)(1)(B), by striking ``section + 2501'' and inserting ``section 4811''; and + (ii) in subsection (b)(3), by striking ``section 2507'' + and inserting ``section 4817''; and + (B) in section 814(c), by striking ``section 2534'' and + inserting ``section 4864''. + (5) Section 1712(c)(2) of the National Defense Authorization + Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2536 note) + is amended by striking ``section 2500'' and inserting ``section + 4801''. +SEC. 1867. POLICIES AND PLANNING. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by adding after chapter 381, as amended by the preceding section, the +following new chapter: + + ``CHAPTER 382--POLICIES AND PLANNING - ``(a) In General.--Each Sector Risk Management Agency, as -designated by law or presidential directive, shall-- - ``(1) provide specialized sector-specific expertise to - critical infrastructure owners and operators within the - relevant sector; and - ``(2) support programs and associated activities of its - designated critical infrastructure sector in coordination with - the Director. - ``(b) Coordination.--In carrying out this section, Sector Risk -Management Agencies shall-- - ``(1) coordinate with the Department and other relevant - Federal departments and agencies, as appropriate; - ``(2) collaborate with critical infrastructure owners and - operators within the designated critical infrastructure sector - or subsector; and - ``(3) coordinate with independent regulatory agencies, and - State, local, Tribal, and territorial entities, as appropriate. - ``(c) Responsibilities.--Each Sector Risk Management Agency shall -utilize its specialized expertise about its designated critical -infrastructure sector or subsector and authorities under applicable law -to-- - ``(1) support sector risk management, including-- - ``(A) establishing and carrying out programs, in - coordination with the Director, to assist critical - infrastructure owners and operators within the - designated sector in identifying, understanding, and - mitigating threats, vulnerabilities, and risks to their - systems or assets, or within a region or sector; and - ``(B) recommending security measures to mitigate - the consequences of destruction, compromise, and - disruption of systems and assets; - ``(2) assess sector risk, including-- - ``(A) identifying, assessing, and prioritizing - risks within the designated sector, considering - physical and cyber threats, vulnerabilities, and - consequences; and - ``(B) supporting national risk assessment efforts - led by the Department, through the Director; - ``(3) sector coordination, including-- - ``(A) serving as a day-to-day Federal interface for - the prioritization and coordination of sector-specific - activities and responsibilities under this section; - ``(B) serving as the government coordinating - council chair for the designated sector or subsector; - and - ``(C) participating in cross-sector coordinating - councils, as appropriate; - ``(4) facilitating the sharing of information about cyber - and physical threats within the sector to the Department, - including-- - ``(A) facilitating, in coordination with the - Director, access to, and exchange of, information and - intelligence necessary to strengthen the security of - critical infrastructure, including through information - sharing and analysis organizations and the national - cybersecurity and communications integration center - established in section 2209 of the Homeland Security - Act of 2002; - ``(B) facilitating the identification of - intelligence needs and priorities of critical - infrastructure owners and operators in the sector, in - coordination with the Director, the Office of Director - of National Intelligence, and other Federal departments - and agencies, as appropriate; - ``(C) providing the Director ongoing, and where - possible, real-time awareness of identified threats, - vulnerabilities, mitigations, and other actions related - to the security of the sector; and - ``(D) supporting the reporting requirements of the - Department of Homeland Security under applicable law by - providing, on an annual basis, sector-specific critical - infrastructure information; - ``(5) supporting incident management, including-- - ``(A) supporting, in coordination with the - Director, incident management and restoration efforts - during or following a security incident; and - ``(B) supporting the Director, upon request, in - conducting vulnerability assessments and asset response - activities for critical infrastructure; and - ``(6) contributing to emergency preparedness efforts, - including-- - ``(A) coordinating with critical infrastructure - owners and operators within the designated sector, as - well as the Director, in the development of planning - documents for coordinated action in the event of a - natural disaster, act of terrorism, or other man-made - disaster or emergency; - ``(B) conducting exercises and simulations of - potential natural disasters, acts of terrorism, or - other man-made disasters or emergencies within the - sector; and - ``(C) supporting the Department and other Federal - departments or agencies in developing planning - documents or conducting exercises or simulations - relevant to their assigned sector.''. - (3) Clerical amendment.--The table of contents in section - 1(b) of the Homeland Security Act of 2002 is amended by - inserting after the item relating to section 2214 the following - new item: +``Sec. +``4811. National security strategy for national technology and + industrial base. +``4812. National Defense Technology and Industrial Base Council. +``4813. National defense program for analysis of the technology and + industrial base. +``4814. Annual report to Congress. +``4815. Unfunded priorities of the national technology and industrial + base: annual report. +``4816. National technology and industrial base: periodic defense + capability assessments. +``4817. Industrial Base Fund. +``4818. Data collection authority of President. +``4819. Modernization of acquisition processes to ensure integrity of + industrial base.''. + + (b) Transfer and Redesignation of Title 10 Sections.--The sections +of title 10, United States Code, specified in the left-hand column of +the following table are transferred to chapter 382 of such title, as +added by subsection (a), inserted (in the order shown in the following +table) after the table of sections at the beginning of such chapter, +and redesignated in accordance with the section numbers in the right- +hand column, as follows: -``Sec. 2215. Sector risk management agencies.''. - (d) Reporting and Auditing.--Not later than 2 years after the date -of the enactment of this Act and every 4 years thereafter, the -Comptroller General of the United States shall submit to the Committee -on Homeland Security of the House of Representatives and the Committee -on Homeland Security and Governmental Affairs of the Senate a report on -the effectiveness of Sector Risk Management Agencies in carrying out -their responsibilities under section 2215 of the Homeland Security Act -of 2002, as added by this section. - -SEC. 1785. INTEGRATION OF MEMBERS OF THE ARMED FORCES WHO ARE - MINORITIES. - - Each Secretary of a military department shall-- - (1) share lessons learned and best practices on the - progress of plans to integrate members of the Armed Forces who - identify as belonging to a minority group into the military - department under the jurisdiction of the Secretary; and - (2) strategically communicate such progress with other - military departments and the public. - -SEC. 1786. POLICY ON CONSCIOUS AND UNCONSCIOUS GENDER BIAS. - - The Secretary of Defense shall develop a policy that defines -conscious and unconscious gender bias and provides guidance to -eliminate conscious and unconscious gender bias. - -SEC. 1787. PROTECTIONS FOR PREGNANT MEMBERS OF THE ARMED FORCES. - - Each Secretary of a military department shall develop and implement -policies to ensure that the career of a member of the Armed Forces is -not negatively affected as a result of such member becoming pregnant. - -SEC. 1788. RELEASE OF DEPARTMENT OF DEFENSE DOCUMENTS ON THE 1981 EL - MOZOTE MASSACRE IN EL SALVADOR. - - (a) Release of Materials.--Not more than 30 days after the date of -the enactment of this Act, the Secretary of Defense shall direct all -Defense Agency bureaus, departments, agencies, and entities to identify -and release to Salvadoran judicial authorities, including to the -Salvadoran presiding judge investigating and prosecuting the El Mozote -massacre case, all materials that might be relevant to the El Mozote -massacre that occurred in December of 1981. - (b) Materials Described.--The materials required to be released -under subsection (a) include-- - (1) all documents, correspondence, reproductions of - Salvadoran documents, and other similar materials dated during, - or originating from, the period beginning on January 1, 1981, - and ending on January 30, 1983, that are relevant to the - massacre that occurred at El Mozote, El Salvador, and - surrounding communities, in December of 1981; - (2) all materials dated during, or originating from, the - period referred to in paragraph (1) related to the - establishment, operations, command structure, officers and - troops of the Atlacatl Battalion; and - (3) any other materials the Secretary determines are - relevant to the El Mozote massacre. - (c) Timeline for Completion.--The Secretary shall submit to the -Committees on Armed Services of the Senate and House of Representatives -a specific timeline for the completion of the release of the materials -as required under subsection (a). Such timeline for completion may not -exceed 150 days after the date of the enactment of this Act. -SEC. 1789. STUDY AND ESTABLISHMENT OF THE ASSISTANT DEPUTY SECRETARY - FOR ENVIRONMENT AND RESILIENCE. +------------------------------------------------------------------------ + Section Redesignated Section +------------------------------------------------------------------------ +2501 4811 +2502 4812 +2503 4813 +2504 4814 +2504a 4815 +2505 4816 +2508 4817 +2507 4818 +2509 4819 +------------------------------------------------------------------------ - (a) Study.-- - (1) In general.--The Secretary of Defense shall carry out a - study on the creation of a position of Assistant Deputy - Secretary for Environment and Resilience, which would broaden - the responsibilities and authorities of the Deputy Assistant - Secretary for Environment. The Secretary shall determine the - scope of duties for this position by evaluating which defense - activities outside of sustainment are impacted by the threat of - anticipated or unanticipated changes in environmental - conditions, or extreme weather events. The Secretary shall also - consider whether the position of Assistant Deputy Secretary for - Environment and Resilience should-- - (A) update and execute on the Department of - Defense's 2014 Climate Change Adaptation Roadmap; - (B) collaborate with other Assistant Deputy - Secretaries of Defense and Assistant Secretaries of - Defense to develop recommendations on how to factor - climate risks into Department of Defense policies; and - (C) undertake such other duties related to - environmental resilience as the Secretary may determine - appropriate. - (2) Report to congress.--Not later than the end of the 60- - day period beginning on the date of enactment of this Act, the - Secretary shall issue a report to the Congress containing all - findings and determinations made in carrying out the study - required under paragraph (1). - (b) Establishment.--After issuing the report required under -subsection (a), the Secretary shall establish the position of Assistant -Deputy Secretary for Environment and Resilience and delegate such -duties to the position as the Secretary determines appropriate, taking -into account the results of the study required under subsection (a). - (c) Annual Report.--The Assistant Deputy Secretary for Environment -and Resilience shall issue an annual report to the Secretary of Defense -and the Congress containing a description of the actions taken by the -Assistant Deputy Secretary during the previous year. - -SEC. 1790. EXPANSION OF ELIGIBILITY FOR HUD-VASH. - (a) HUD Provisions.--Section 8(o)(19) of the United States Housing -Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end -the following new subparagraph: - ``(D) Veteran defined.--In this paragraph, the term - `veteran' has the meaning given that term in section - 2002(b) of title 38, United States Code.''. - (b) VHA Case Managers.--Subsection (b) of section 2003 of title 38, -United States Code, is amended by adding at the end the following: ``In -the case of vouchers provided under the HUD-VASH program under section -8(o)(19) of such Act, for purposes of the preceding sentence, the term -`veteran' shall have the meaning given such term in section 2002(b) of -this title.''. - (c) Annual Reports.-- - (1) In general.--Not less frequently than once each year, - the Secretary of Veterans Affairs shall submit to the Committee - on Veterans' Affairs of the Senate and the Committee on - Veterans' Affairs of the House of Representatives a report on - the homelessness services provided under programs of the - Department of Veterans Affairs, including services under HUD- - VASH program under section 8(o)(1) of the United States Housing - Act of 1937 (42 U.S.C. 1437f(o)(19)). - (2) Included information.--Each such annual report shall - include, with respect to the year preceding the submittal of - the report, a statement of the number of eligible individuals - who were furnished such homelessness services and the number of - individuals furnished such services under each such program, - disaggregated by the number of men who received such services - and the number of women who received such services, and such - other information as the Secretary considers appropriate. - -SEC. 1791. WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS LOCATED IN AN - AREA AFFECTED BY HURRICANE MARIA. + (c) Section 2506.-- + (1) Insertion of text of section 2506 at end of section 4811.-- + (A) Section 4811 of such title, as transferred and + redesignated by subsection (b), is amended by adding at the end + the following new subsection: + ``(c) Department of Defense Technology and Industrial Base Policy +Guidance.--''. + (B) Subsections (a) and (b) of section 2506 of such title + are transferred to the end of subsection (c) of such section + 4811, as added by subparagraph (A), redesignated as paragraphs + (1) and (2), respectively, indented 2 ems from the left margin, + and amended-- + (i) in paragraph (1), as so redesignated, by striking + ``section 2501(a) of this title'' and inserting + ``subsection (a)''; and + (ii) in paragraph (2), as so redesignated, by striking + ``subsection (a)'' and inserting ``paragraph (1)''. + (2) Conforming repeal.--Section 2506 of such title is repealed. + (d) Conforming Cross-reference Amendments.--Sections of chapter 382 +of such title, as transferred and redesignated by subsection (b), are +amended as follows: + (1) Section 4812 is amended by striking ``section 2501(a)'' in + subsection (c)(1) and inserting ``section 4811(a)''. + (2) Section 4813 is amended by striking ``section 2505'' in + subsection (c)(3)(A) and inserting ``section 4816''. + (3) Section 4814 is amended-- + (A) in paragraph (1), by striking ``section 2506'' and + inserting ``section 4811(c)''; + (B) in paragraph (2), by striking ``section 2505'' and + inserting ``section 4816''; and + (C) in paragraph (3), by striking ``section 2501'' and + ``section 2505'' and inserting ``section 4811'' and ``section + 4816'', respectively. + (4) Section 4816 is amended by striking ``section 2501(a)'' in + subsection (a) and inserting ``section 4811(a)''. + (5) Section 4818 is amended in subsection (a)-- + (A) by striking ``of this chapter'' and inserting ``of the + chapter 148 legacy provisions''; and + (B) by striking ``under this chapter'' and inserting + ``under those provisions''. + (6) Section 4819(f)(1)(A) is amended by striking ``section + 2339a(e)'' and inserting ``section 3252(c)''. + (e) Conforming Cross-reference Amendments.-- + (1) Section 2198(c) of title 10, United States Code, is amended + by striking ``section 2505'' and ``section 2501(a)'' and inserting + ``section 4816'' and ``section 4811(a)'', respectively. + (2) Section 2709(a) of such title is amended by striking + ``section 2501'' and inserting ``section 4811''. + (3) Section 8685 of such title is amended by striking ``section + 2501(b)'' in subsections (a) and (c) and inserting ``section + 4811(b)''. +SEC. 1868. DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE +TECHNOLOGIES. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by adding after chapter 382, as added by the preceding section, the +following new chapter: + + ``CHAPTER 383--DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE + TECHNOLOGIES - (a) Waiver Authority.--Notwithstanding any other provision of law, -unless enacted with specific reference to this section or section 392 -of the Higher Education Act of 1965 (20 U.S.C. 1068a), for any affected -institution that was receiving assistance under title III of such Act -(20 U.S.C. 1051 et seq.) at the time of a covered hurricane disaster, -the Secretary of Education shall, for each of the fiscal years 2020 -through 2022 (and may, for each of the fiscal years 2023 and 2024)-- - (1) waive-- - (A) the eligibility data requirements set forth in - section 391(d) of the Higher Education Act of 1965 (20 - U.S.C. 1068(d)); - (B) the wait-out period set forth in section 313(d) - of the Higher Education Act of 1965 (20 U.S.C. - 1059(d)); - (C) the allotment requirements under section 324 of - the Higher Education Act of 1965 (20 U.S.C. 1063); and - (D) the use of the funding formula developed - pursuant to section 326(f)(3) of the Higher Education - Act of 1965 (20 U.S.C. 1063b(f)(3)); - (2) waive or modify any statutory or regulatory provision - to ensure that affected institutions that were receiving - assistance under title III of the Higher Education Act of 1965 - (20 U.S.C. 1051 et seq.) at the time of a covered hurricane - disaster are not adversely affected by any formula calculation - for fiscal year 2020 or for any of the 4 succeeding fiscal - years, as necessary; and - (3) make available to each affected institution an amount - that is not less than the amount made available to such - institution under title III of the Higher Education Act of 1965 - (20 U.S.C. 1051 et seq.) for fiscal year 2017, except that for - any fiscal year for which the funds appropriated for payments - under such title are less than the appropriated level for - fiscal year 2017, the amount made available to such - institutions shall be ratably reduced among the institutions - receiving funds under such title. - (b) Definitions.--In this section: - (1) Affected institution.--The term ``affected - institution'' means an institution of higher education (as - defined in section 101 of the Higher Education Act of 1965 (20 - U.S.C. 1001)) that-- - (A) is-- - (i) a part A institution (which term shall - have the meaning given the term ``eligible - institution'' under section 312(b) of the - Higher Education Act of 1965 (20 U.S.C. - 1058(b))); or - (ii) a part B institution, as such term is - defined in section 322(2) of the Higher - Education Act of 1965 (20 U.S.C. 1061(2)), or - as identified in section 326(e) of such Act (20 - U.S.C. 1063b(e)); - (B) is located in a covered area affected by a - hurricane disaster; and - (C) is able to demonstrate that, as a result of the - impact of a covered hurricane disaster, the - institution-- - (i) incurred physical damage; - (ii) has pursued collateral source - compensation from insurance, the Federal - Emergency Management Agency, and the Small - Business Administration, as appropriate; and - (iii) was not able to fully reopen in - existing facilities or to fully reopen to the - pre-hurricane enrollment levels during the 30- - day period beginning on September 7, 2017. - (2) Covered area affected by a hurricane disaster.--The - term ``covered area affected by a hurricane disaster'' means an - area for which the President declared a major disaster under - section 401 of the Robert T. Stafford Disaster Relief and - Emergency Assistance Act (42 U.S.C. 5170) as a result of - Hurricane Maria. - (3) Covered hurricane disaster.--The term ``covered - hurricane disaster'' means a major disaster that the President - declared to exist, in accordance with section 401 of the Robert - T. Stafford Disaster Relief and Emergency Assistance Act (42 - U.S.C. 5170), and that was caused by Hurricane Maria or - Hurricane Irma. +``Sec. +``4831. Defense dual-use critical technology program. +``4832. Encouragement of technology transfer. +``4833. Federal Defense Laboratory Diversification Program. +``4834. Overseas foreign critical technology monitoring and assessment + financial assistance program.''. -SEC. 1792. CREDIT MONITORING. + (b) Transfer and Redesignation of Title 10 Sections.--The sections +of title 10, United States Code, specified in the left-hand column of +the following table are transferred to chapter 383 of such title, as +added by subsection (a), inserted (in the order shown in the following +table) after the table of sections at the beginning of such chapter, +and redesignated in accordance with the section numbers in the right- +hand column, as follows: - Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 1681c- -1(k)) is amended by striking paragraph (4). -SEC. 1793. DEPARTMENT OF HOMELAND SECURITY CISA DIRECTOR TERM - LIMITATION. +------------------------------------------------------------------------ + Section Redesignated Section +------------------------------------------------------------------------ +2511 4831 +2514 4832 +2519 4833 +2518 4834 +------------------------------------------------------------------------ - (a) In General.--Subsection (b) of section 2202 of the Homeland -Security Act of 2002 (6 U.S.C. 652) is amended by-- - (1) redesignating paragraph (2) as paragraph (4); and - (2) inserting after paragraph (1) the following new - paragraphs: - ``(2) Qualifications.-- - ``(A) In general.--The Director shall be appointed - from among individuals who have-- - ``(i) extensive knowledge in at least two - of the areas specified in subparagraph (B); and - ``(ii) not fewer than 5 years of - demonstrated experience in efforts to foster - coordination and collaboration between the - Federal Government, the private sector, and - other entities on issues related to - cybersecurity, infrastructure security, or - security risk management. - ``(B) Specified areas.--The areas specified in this - subparagraph are the following: - ``(i) Cybersecurity. - ``(ii) Infrastructure security. - ``(iii) Security risk management. - ``(3) Term.--Effective with respect to an individual - appointed to be the Director by the President, by and with the - advice and consent of the Senate, after the date of the - enactment of this paragraph, the term of office of such an - individual so appointed shall be 5 years, and such an - individual may not serve more than two terms. The term of - office of the individual serving as the Director as of such - date of enactment shall be 5 years beginning on the date on - which the Director began serving.''. - (b) Change of Title of Assistant Director to Executive Assistant -Director.-- - (1) Cybersecurity division.--Section 2203 of the Homeland - Security Act of 2002 (6 U.S.C. 653) is amended-- - (A) in subsection (a)-- - (i) in the heading for paragraph (2), by - striking ``Assistant director'' and inserting - ``Executive assistant director''; and - (ii) in paragraph (2), by striking - ``Assistant Director for Cybersecurity (in this - section referred to as the `Assistant - Director')'' and inserting ``Executive - Assistant Director for Cybersecurity (in this - section referred to as the `Executive Assistant - Director')''; and - (B) by striking ``Assistant Director'' each place - it appears and inserting ``Executive Assistant - Director''. - (2) Infrastructure security division.--Section 2204 of the - Homeland Security Act of 2002 (6 U.S.C. 654) is amended-- - (A) in subsection (a)-- - (i) in the heading for paragraph (2), by - striking ``Assistant director'' and inserting - ``Executive assistant director''; and - (ii) in paragraph (2), by striking - ``Assistant Director for Infrastructure - Security (in this section referred to as the - `Assistant Director')'' and inserting - ``Executive Assistant Director for - Infrastructure Security (in this section - referred to as the `Executive Assistant - Director')''; and - (B) by striking ``Assistant Director'' each place - it appears and inserting ``Executive Assistant - Director''. - (c) Amendment Relating to Qualifications for Certain CISA Executive -Assistant Directors.--The Homeland Security Act of 2002 is amended-- - (1) in subparagraph (B) of section 2203(a)(2) (6 U.S.C. - 653(a)(2)), by striking ``President without the advice and - consent of the Senate'' and inserting ``Secretary''; and - (2) in subparagraph (B) of section 2204(a)(2) (6 U.S.C. - 654(a)(2)), by striking ``President without the advice and - consent of the Senate'' and inserting ``Secretary''. - (d) Amendment to Position Level of CISA Director.--Subchapter II of -chapter 53 of title 5, United States Code, is amended-- - (1) in section 5313, by inserting after ``Administrator of - the Transportation Security Administration.'' the following: - ``Director, Cybersecurity and Infrastructure Security - Agency.''; and - (2) in section 5314, by striking ``Director, Cybersecurity - and Infrastructure Security Agency.''. -SEC. 1794. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC. + (c) Conforming Cross-reference Amendments.--Sections of chapter 383 +of such title, as transferred and redesignated by subsection (b), are +amended as follows: + (1) Section 4831 is amended-- + (A) in subsection (a), by striking ``section 2501(a)'' and + ``section 2371'' and inserting ``section 4811(a)'' and + ``section 4002'', respectively; and + (B) in subsection (e)(1), by striking ``section 2501(a)'' + and inserting ``section 4811(a)''. + (2) Section 4832 is amended in subsection (a) by striking + ``section 2501(a)'' and inserting ``section 4811(a)''. + (3) Section 4833 is amended-- + (A) in subsection (a), by striking ``section 2501(a)'' and + inserting ``section 4811(a)''; + (B) in subsection (c)(1), by striking ``section 2371'' and + inserting ``section 4002''; + (C) in subsection (d)(2), by striking ``section + 2511(c)(2)'' and inserting ``section 4831(c)(2)''; and + (D) in subsection (f), by striking ``section 2511(e)'' and + inserting ``section 4831(e)''. +SEC. 1869. MANUFACTURING TECHNOLOGY. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by adding after chapter 383, as added by the preceding section, the +following new chapter: + + ``CHAPTER 384--MANUFACTURING TECHNOLOGY - Section 6(b)(1)(B)(i) of the Joint Resolution entitled ``A Joint -Resolution to approve the `Covenant To Establish a Commonwealth of the -Northern Mariana Islands in Political Union With the United States of -America', and for other purposes'', approved March 24, 1976 (48 U.S.C. -1806(b)(1)(B)(i) is amended-- - (1) by striking ``contact'' and inserting ``contract''; - (2) by inserting ``supporting,'' after ``connected to,''; - (3) by striking ``or'' before ``associated with''; - (4) by inserting ``or adversely affected by'' after - ``associated with,''; and - (5) by inserting ``, with priority given to federally - funded military projects'' after ``and in the Commonwealth''. - -SEC. 1795. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES - OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E. EVANS - KILLED ON JUNE 3, 1969. +``Sec. +``4841. Manufacturing Technology Program. +``4842. Joint Defense Manufacturing Technology Panel. +``4843. Armament retooling and manufacturing.''. + + (b) Transfer and Redesignation of Section 2521.-- + (1) Transfer and redesignation.--Section 2521 of title 10, + United States Code, is transferred to chapter 384 of such title, as + added by subsection (a), inserted after the table of sections at + the beginning of such chapter, and redesignated as section 4841. + (2) Conforming cross-reference amendments.--Such section is + amended-- + (A) in subsection (a), by striking ``section 2501(a)'' and + inserting ``section 4811(a)''; and + (B) in subsection (d)(1), by striking ``section 2374'' and + inserting ``section 4008''. + (c) Designation of Former Section 2521(e) as Section 4842.-- + (1) Such chapter is further amended-- + (A) by transferring subsection (f) of section 4841 within + that section so as to appear after subsection (d) and + redesignating that subsection as subsection (e); and + (B) by redesignating as section 4842 the subsection (e) + following the subsection transferred and redesignated by + subparagraph (A) and inserting at the beginning of such section + 4842 the following section heading: +``Sec. 4842. Joint Defense Manufacturing Technology Panel''. + (2) Section 4842 of title 10, United States Code, as designated + by paragraph (1)(B), is amended-- + (A) by striking ``(e) Joint Defense Manufacturing + Technology Panel.--''; + (B) by redesignating paragraphs (1) through (6) as + subsections (a) through (f), respectively; + (C) in subsection (b), as so redesignated, by redesignating + subparagraphs (A) and (B) as paragraphs (1) and (2), + respectively; + (D) in subsection (c), as so redesignated, by redesignating + subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3) + respectively; + (E) in subsection (d), as so redesignated-- + (i) by striking ``paragraph (3)'' and inserting + ``subsection (c)''; and + (ii) by redesignating subparagraphs (A), (B), (C), and + (D) as paragraphs (1), (2), (3), and (4), respectively; and + (F) in subsection (e), as so redesignated, by striking + ``this paragraph'' and inserting ``this subsection''. + (d) Transfer and Redesignation of Section 2522.--Section 2522 of +title 10, United States Code, is transferred to chapter 384 of such +title, as added by subsection (a), inserted after section 4842, as +designated by subsection (c)(1)(B), and redesignated as section 4843. + (e) Conforming Cross-reference Amendment.--Section 1644(f)(1) of +the John S. McCain National Defense Authorization Act for Fiscal Year +2019 (Public Law 115-232; 10 U.S.C. 2224 note) is amended by striking +``section 2521'' and inserting ``section 4841''. +SEC. 1870. OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended +by adding after chapter 384, as added by the preceding section, the +following new chapter: - (a) In General.--Not later than 1 year after the date of enactment -of this Act, the Secretary of Defense shall authorize the inclusion on -the Vietnam Veterans Memorial Wall in the District of Columbia of the -names of the 74 crew members of the U.S.S. Frank E. Evans killed on -June 3, 1969. - (b) Required Consultation.--The Secretary of Defense shall consult -with the Secretary of the Interior, the American Battlefield Monuments -Commission, and other applicable authorities with respect to any -adjustments to the nomenclature and placement of names pursuant to -subsection (a) to address any space limitations on the placement of -additional names on the Vietnam Veterans Memorial Wall. - (c) Nonapplicability of Commemorative Works Act.--Chapter 89 of -title 40, United States Code (commonly known as the ``Commemorative -Works Act''), shall not apply to any activities carried out under -subsection (a) or (b). - -SEC. 1796. STUDY ON VIABILITY OF SEAWATER MINING FOR CRITICAL MINERALS. - - (a) Finding.--The Congress finds that-- - (1) extracting minerals from seawater has the potential to - provide a domestic source for minerals that are critical to the - defense industrial base of the United States, which would - reduce the dependence of the United States on imports of the - minerals while strengthening the national security and the - defense industrial base of the United States; - (2) the cost of extracting uranium from seawater has - dropped significantly to nearly $400 per kilogram; and - (3) extracting uranium from seawater is an environmentally - friendly, emerging technology solution that has the potential - to transform how uranium is extracted. - (b) Study.--Within 60 days after the date of the enactment of this -Act, the Secretary of Defense, in consultation with the head of any -other relevant Federal agency and relevant stakeholders, shall conduct -a study of the viability of extracting minerals, such as uranium, that -are critical to the defense industrial base of the United States, from -seawater. - (c) Report.--Within 1 year after the date of the enactment of this -Act, the Secretary of Defense shall submit to the Committee on Armed -Services and the Committee on Science, Space, and Technology of the -House of Representatives and the Committee on Armed Services and the -Committee on Environment and Public Works of the Senate a written -report which contains the results of the study required by subsection -(b). - -SEC. 1797. RESTRICTIONS ON CONFUCIUS INSTITUTES. - - (a) Restrictions on Confucius Institutes.--An institution of higher -education or other postsecondary educational institution (referred to -in this section as an ``institution'') shall not be eligible to receive -Federal funds from the Department of Defense, other than educational -assistance funds that are provided directly to students, unless-- - (1) the institution submits any contract or agreement - between the institution and a Confucius Institute to the - National Academies of Sciences, Engineering, and Medicine; and - (2) the National Academies of Sciences, Engineering, and - Medicine issues a written determination that the contract or - agreement includes clear provisions that-- - (A) protect academic freedom at the institution; - (B) prohibit the application of any foreign law on - any campus of the institution; and - (C) grant full managerial authority of the - Confucius Institute to the institution, including full - control over what is being taught, the activities - carried out, the research grants that are made, and who - is employed at the Confucius Institute. - (b) Confucius Institute Defined.--In this section, the term -``Confucius Institute'' means a cultural institute directly or -indirectly funded by the Government of the People's Republic of China. - (c) Funding.-- - (1) Increase.--Notwithstanding the amounts set forth in the - funding tables in division D, the amount authorized to be - appropriated in section 201 for research, development, test, - and evaluation, as specified in the corresponding funding table - in section 4201, for research, development, test, and - evaluation, Defense-wide, basic research, basic research - initiatives (PE 0601110D8Z), line 003 is hereby increased by - $1,000,000 (to be used in support of the National Academies of - Sciences, Engineering, and Medicine assessments under - subsection (a)). - (2) Offset.--Notwithstanding the amounts set forth in the - funding tables in division D, the amount authorized to be - appropriated in section 301 for operation and maintenance as - specified in the corresponding funding table in section 4301, - for operation and maintenance, Defense-wide, admin & - servicewide activities, Defense Information Systems Agency, - line 280 is hereby reduced by $1,000,000. - -SEC. 1798. DISCLOSURE REQUIREMENT. - - (a) In General.--Section 104 of the Sarbanes-Oxley Act of 2002 (15 -U.S.C. 7214) is amended by adding at the end the following: - ``(i) Disclosure Regarding Foreign Jurisdictions That Prevent -Inspections.-- - ``(1) Definitions.--In this subsection-- - ``(A) the term `covered issuer' means an issuer - that is required to file reports under section 13 or - 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. - 78m, 78o(d)); and - ``(B) the term `non-inspection year' means, with - respect to a covered issuer, a year-- - ``(i) during which the Commission - identifies the covered issuer under paragraph - (2)(A) with respect to every report described - in subparagraph (A) filed by the covered issuer - during that year; and - ``(ii) that begins after the date of - enactment of this subsection. - ``(2) Disclosure to commission.--The Commission shall-- - ``(A) identify each covered issuer that, with - respect to the preparation of the audit report on the - financial statement of the covered issuer that is - included in a report described in paragraph (1)(A) - filed by the covered issuer, retains a registered - public accounting firm that has a branch, office, or - affiliate that-- - ``(i) is located in a foreign jurisdiction; - ``(ii) performs more than one-third of the - audit services for the audit report of the - covered issuer; and - ``(iii) the Board is unable to inspect or - investigate completely because of a position - taken by an authority in the foreign - jurisdiction described in clause (i), as - determined by the Board; and - ``(B) require each covered issuer identified under - subparagraph (A) to, in accordance with rules issued by - the Commission, submit to the Commission documentation - to determine whether the covered issuer is owned or - controlled by a governmental entity in the foreign - jurisdiction described in subparagraph (A)(i). - ``(3) Trading prohibition after 3 years of non- - inspections.-- - ``(A) In general.--If the Commission determines - that a covered issuer has 3 consecutive non-inspection - years, the Commission shall prohibit the securities of - the covered issuer from being traded-- - ``(i) on a national securities exchange; or - ``(ii) through any other method that is - within the jurisdiction of the Commission to - regulate, including through the method of - trading that is commonly referred to as the - `over-the-counter' trading of securities. - ``(B) Removal of initial prohibition.--If, after - the Commission imposes a prohibition on a covered - issuer under subparagraph (A), the covered issuer - certifies to the Commission that the covered issuer has - retained a registered public accounting firm that the - Board has inspected under this section to the - satisfaction of the Commission, the Commission shall - end that prohibition. - ``(C) Recurrence of non-inspection years.--If, - after the Commission ends a prohibition under - subparagraph (B) or (D) with respect to a covered - issuer, the Commission determines that the covered - issuer has a non-inspection year, the Commission shall - prohibit the securities of the covered issuer from - being traded-- - ``(i) on a national securities exchange; or - ``(ii) through any other method that is - within the jurisdiction of the Commission to - regulate, including through the method of - trading that is commonly referred to as the - `over-the-counter' trading of securities. - ``(D) Removal of subsequent prohibition.--If, after - the end of the 5-year period beginning on the date on - which the Commission imposes a prohibition on a covered - issuer under subparagraph (C), the covered issuer - certifies to the Commission that the covered issuer - will retain a registered public accounting firm that - the Board is able to inspect and investigate, the - Commission shall end that prohibition.''. - (b) Additional Disclosure.-- - (1) Definitions.--In this section-- - (A) the term ``audit report'' has the meaning given - the term in section 2(a) of the Sarbanes-Oxley Act of - 2002 (15 U.S.C. 7201(a)); - (B) the term ``Commission'' means the Securities - and Exchange Commission; - (C) the term ``covered form''-- - (i) means-- - (I) the form described in section - 249.310 of title 17, Code of Federal - Regulations, or any successor - regulation; and - (II) the form described in section - 249.220f of title 17, Code of Federal - Regulations, or any successor - regulation; and - (ii) includes a form that-- - (I) is the equivalent of, or - substantially similar to, the form - described in subclause (I) or (II) of - clause (i); and - (II) a foreign issuer files with - the Commission under the Securities - Exchange Act of 1934 (15 U.S.C. 78a et - seq.) or rules issued under that Act; - (D) the terms ``covered issuer'' and ``non- - inspection year'' have the meanings given the terms in - subsection (i)(1) of section 104 of the Sarbanes-Oxley - Act of 2002 (15 U.S.C. 7214), as added by subsection - (a) of this section; and - (E) the term ``foreign issuer'' has the meaning - given the term in section 240.3b-4 of title 17, Code of - Federal Regulations, or any successor regulation. - (2) Requirement.--Each covered issuer that is a foreign - issuer and for which, during a non-inspection year with respect - to the covered issuer, a registered public accounting firm - described in subsection (i)(2)(A) of section 104 of the - Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by - subsection (a) of this section, has prepared an audit report - shall disclose in each covered form filed by that issuer that - covers such a non-inspection year-- - (A) that, during the period covered by the covered - form, such a registered public accounting firm has - prepared an audit report for the issuer; - (B) the percentage of the shares of the issuer - owned by governmental entities in the foreign - jurisdiction in which the issuer is incorporated or - otherwise organized; - (C) whether governmental entities in the applicable - foreign jurisdiction with respect to that registered - public accounting firm have a controlling financial - interest with respect to the issuer; - (D) the name of each official of the Chinese - Communist Party who is a member of the board of - directors of-- - (i) the issuer; or - (ii) the operating entity with respect to - the issuer; and - (E) whether the articles of incorporation of the - issuer (or equivalent organizing document) contains any - charter of the Chinese Communist Party, including the - text of any such charter. - (c) Rulemaking.--Not later than 90 days after the date of enactment -of this Act, the Commission shall issue rules to implement this -section, and the amendments made by this section, consistent with the -Commission's mandate, including-- - (1) the protection of investors; and - (2) maintaining fair, orderly, and efficient markets. - -SEC. 1799. INCREASED REALISM AND TRAINING EFFECTIVENESS FOR AIRBORNE - ANTI-SUBMARINE WARFARE TRAINING AT OFFSHORE TRAINING - RANGES. - - (a) In General.--The Secretary of Defense shall provide for greater -training effectiveness for aircrews by procuring contract services that -will realistically simulate real-world, manned submersible, diesel- -powered vessels that are very similar to third-world and near-peer -adversaries. - (b) Goals and Best Practices.--In carrying out subsection (a), the -Secretary shall apply the following goals and best practices: - (1) Provide for on-demand services available on training - range scheduling services within 3 days of training exercises. - (2) Meet the demand for scalable, highly relevant, and - robust training assets for use by fixed and rotary-wing Navy - anti-submarine communities on both coasts. - (3) Minimize the use of foreign naval vessels, reserving - them only for large, joint and allied exercises. - (4) Ensure that such vessels are classed for use on sea- - based ranges and equipped for safe operation with Unite States - naval air, surface, and submarine forces. - -SEC. 1800. REVIEW OF USE OF INNOVATIVE WOOD PRODUCT TECHNOLOGY. - - (a) In General.--The Secretary of Defense, in collaboration with -the Secretary of Agriculture, shall review the potential to incorporate -innovative wood product technologies (such as mass timber and cellulose -nanomaterials) in constructing or renovating facilities owned or -managed by the Department of Defense. - (b) Report.--Not later than 180 days after the date of enactment of -this Act, the Secretary of Defense shall submit to the Committee on -Armed Services and the Committee on Agriculture of the House of -Representatives and the Committee on Armed Services and the Committee -on Agriculture, Nutrition, and Forestry of the Senate a report that-- - (1) includes the findings of the review required under - subsection (a); and - (2) identifies any barriers to incorporating innovative - wood product technologies (such as mass timber and cellulose - nanomaterials) in constructing or renovating facilities owned - or managed by the Department of Defense. + ``CHAPTER 385--OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS -SEC. 1801. STRATEGY TO INCREASE PARTICIPATION IN INTERNATIONAL MILITARY - EDUCATION AND TRAINING PROGRAMS. +``Subchapter + Sec. +``I. Defense Trade Reciprocity and Offset Policy.................. 4851 - (a) In General.--Not later than 1 year after the date of the -enactment of this Act the Secretary of State, in coordination with the -Secretary of Defense, shall submit to the appropriate congressional -committees a plan to increase the number of foreign female participants -receiving training under the International Military Education and -Training program authorized under chapter 5 of part II of the Foreign -Assistance Act of 1961 (22 U.S.C. 2347 et seq.) and any other military -exchange program offered to foreign participants, with the goal of -doubling such participation over the 10-year period beginning on the -date of the enactment of this Act. - (b) Interim Progress Reports.--Not later than 2 years after the -date of the submission of the plan required by subsection (a), and -every 2 years thereafter until the end of the 10-year period beginning -on the date of the enactment of this Act, the Secretary of State, in -coordination with the Secretary of Defense, shall submit to the -appropriate congressional committees a report that includes the most -recently available data on foreign female participation in activities -conducted under the International Military Education and Training -program and any other military exchange programs and describes the -manner and extent to which the goal described in subsection (a) has -been achieved as of the date of the submission of the report. - (c) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Armed Services and the Committee on - Foreign Affairs of the House of Representatives; and - (2) the Committee on Armed Services and the Committee on - Foreign Relations of the Senate. +``II. Limitations on Procurement of Certain Items from Foreign +Sources........................................................... 4861 -SEC. 1802. ESTABLISHMENT OF OFFICE OF CYBER ENGAGEMENT OF THE - DEPARTMENT OF VETERANS AFFAIRS. +``III. Limitations on Procurement from Certain Foreign Sources.... 4871 - (a) Establishment.--Chapter 3 of title 38, United States Code, is -amended by adding at the end the following new section: -``Sec. 324. Office of Cyber Engagement - ``(a) Establishment.--There is established in the Department an -office to be known as the `Office of Cyber Engagement' (in this section -referred to as the `Office'). - ``(b) Head of Office.--(1) The head of the Office shall be known as -the `Director of Cyber Engagement' (in this section referred to as the -`Director'). - ``(2) The Director shall be responsible for the functions of the -Office and appointed by the Secretary in the Senior Executive Service. - ``(3) The Director shall report to the Deputy Secretary or -Secretary. - ``(c) Functions.--The functions of the Office are the following: - ``(1) To address cyber risks (including identity theft) to - veterans, their families, caregivers, and survivors. - ``(2) To develop, promote, and disseminate information and - best practices regarding such cyber risks. - ``(3) To coordinate with the Cybersecurity and - Infrastructure Agency of the Department of Homeland Security - and other Federal agencies. - ``(4) Other functions determined by the Secretary. - ``(d) Resources.--The Secretary shall ensure that appropriate -personnel, funding, and other resources are provided to the Office to -carry out its responsibilities. - ``(e) Inclusion of Information on Office in Annual Report on -Department Activities.--The Secretary shall include in each annual -Performance and Accountability report submitted by the Secretary to -Congress a description of the activities of the Office during the -fiscal year covered by such report.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such chapter is amended by adding the following: +``IV. Defense Industrial Reserve and Industrial Mobilization...... 4881 -``324. Office of Cyber Engagement.''. - (c) Deadline.--The Secretary of Veterans Affairs shall establish -the Office of Cyber Engagement under section 324 of such title, as -added by subsection (a), not later than 90 days after the date of the -enactment of this Act. - (d) Reporting.--Not later than 180 days after the date of the -enactment of this Act and thrice semiannually thereafter, the Secretary -of Veterans Affairs shall submit to the Committees on Veterans' Affairs -of the Senate and House of Representatives a report regarding the -progress of the Office of Cyber Engagement established under section -324 of such title, as added by subsection (a). Each report shall -include the following: - (1) The number of individuals assisted by the Office of - Cyber Engagement. - (2) The results of any assessments conducted by the Office. - (3) Progress in convening the working group described in - subsection (c)(3) of such section. - (4) Other matters the Secretary determines appropriate. +``V. Other Matters................................................ 4891 -SEC. 1803. CERTIFIED NOTICE AT COMPLETION OF AN ASSESSMENT. + ``SUBCHAPTER I--DEFENSE TRADE RECIPROCITY AND OFFSET POLICY - (a) In General.--Section 721(b)(3) of the Defense Production Act of -1950 (50 U.S.C. 4565(b)(3)) is amended-- - (1) in subparagraph (A)-- - (A) in the heading, by adding ``or assessment'' at - the end; and - (B) by striking ``subsection (b) that concludes - action under this section'' and inserting ``this - subsection that concludes action under this section, or - upon the Committee making a notification under - paragraph (1)(C)(v)(III)(aa)(DD)''; and - (2) in subparagraph (C)(i)-- - (A) in subclause (I), by striking ``and'' at the - end; - (B) in subclause (II), by striking the period at - the end and inserting ``; and''; and - (C) by adding at the end the following: - ``(III) whether the transaction is - described under clause (i), (ii), - (iii), (iv), or (v) of subsection - (a)(4)(B).''. - (b) Technical Corrections.-- - (1) In general.--Section 1727(a) of the Foreign Investment - Risk Review Modernization Act of 2018 (Public Law 115-232) is - amended-- - (A) in paragraph (3), by striking ``(4)(C)(v)'' and - inserting ``(4)(F)''; and - (B) in paragraph (4), by striking ``subparagraph - (B)'' and inserting ``subparagraph (C)''. - (2) Effective date.--The amendments under paragraph (1) - shall take effect on the date of enactment of the Foreign - Investment Risk Review Modernization Act of 2018. - -SEC. 1804. DEPARTMENT OF HOMELAND SECURITY ACQUISITION DOCUMENTATION. - - (a) In General.--Title VII of the Homeland Security Act of 2002 (6 -U.S.C. 341 et seq.) is amended by adding at the end the following new -section: - -``SEC. 711. ACQUISITION DOCUMENTATION. - - ``(a) In General.--For each major acquisition program, the -Secretary, acting through the Under Secretary for Management, shall -require the head of a relevant component or office to-- - ``(1) maintain acquisition documentation that is complete, - accurate, timely, and valid, and that includes, at a minimum-- - ``(A) operational requirements that are validated - consistent with departmental policy and changes to such - requirements, as appropriate; - ``(B) a complete lifecycle cost estimate with - supporting documentation; - ``(C) verification of such lifecycle cost estimate - against independent cost estimates, and reconciliation - of any differences; - ``(D) a cost-benefit analysis with supporting - documentation; - ``(E) an integrated master schedule with supporting - documentation; - ``(F) plans for conducting systems engineering - reviews and test and evaluation activities throughout - development to support production and deployment - decisions; - ``(G) an acquisition plan that outlines the - procurement approach, including planned contracting - vehicles; - ``(H) a logistics and support plan for operating - and maintaining deployed capabilities until such - capabilities are disposed of or retired; and - ``(I) an acquisition program baseline that is - traceable to the program's operational requirements - under subparagraph (A), life-cycle cost estimate under - subparagraph (B), and integrated master schedule under - subparagraph (E). - ``(2) prepare cost estimates and schedules for major - acquisition programs, as required under subparagraphs (B) and - (E), in a manner consistent with best practices as identified - by the Comptroller General of the United States; - ``(3) ensure any revisions to the acquisition documentation - maintained pursuant to paragraph (1) are reviewed and approved - in accordance with departmental policy; and - ``(4) submit certain acquisition documentation to the - Secretary to produce for submission to Congress an annual - comprehensive report on the status of departmental - acquisitions. - ``(b) Waiver.--On a case-by-case basis with respect to any major -acquisition program under this section, the Secretary may waive the -requirement under paragraph (3) of subsection (a) for a fiscal year if -either-- - ``(1) such program has not-- - ``(A) entered the full rate production phase in the - acquisition lifecycle; - ``(B) had a reasonable cost estimate established; - and - ``(C) had a system configuration defined fully; or - ``(2) such program does not meet the definition of capital - asset, as such term is defined by the Director of the Office of - Management and Budget. - ``(c) Congressional Oversight.--At the same time the President's -budget is submitted for a fiscal year under section 1105(a) of title -31, United States Code, the Secretary shall make information available, -as applicable, to the Committee on Homeland Security of the House of -Representatives and the Committee on Homeland Security and Governmental -Affairs of the Senate regarding the requirement described in subsection -(a) in the prior fiscal year that includes the following specific -information regarding each major acquisition program for which the -Secretary has issued a waiver under subsection (b): - ``(1) The grounds for granting a waiver for such program. - ``(2) The projected cost of such program. - ``(3) The proportion of a component's or office's annual - acquisition budget attributed to such program, as available. - ``(4) Information on the significance of such program with - respect to the component's or office's operations and execution - of its mission. - ``(d) Definitions.--In this section: - ``(1) Acquisition program baseline.--The term `acquisition - program baseline', with respect to an acquisition program, - means a summary of the cost, schedule, and performance - parameters, expressed in standard, measurable, quantitative - terms, which shall be met to accomplish the goals of such - program. - ``(2) Major acquisition program.--The term `major - acquisition program' means a Department acquisition program - that is estimated by the Secretary to require an eventual total - expenditure of at least $300 million (based on fiscal year 2019 - constant dollars) over its lifecycle cost.''. - (b) Clerical Amendment.--The table of contents in section 1(b) of -the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by -adding after the item related to section 710 the following new item: +``Sec. +``4851. Defense memoranda of understanding and related agreements. +``4852. Offset policy; notification.''. + + (b) Transfer and Redesignation of Sections 2531 and 2532.--Sections +2531 and 2532 of title 10, United States Code, are transferred to +chapter 385 of such title, as added by subsection (a), inserted after +the table of sections at the beginning of subchapter I, and +redesignated as sections 4851 and 4852, respectively. + (c) Subchapter Ii.-- + (1) Designation of subchapter ii.--Chapter 385 of title 10, + United States Code, is further amended by adding after subchapter + I, as amended by subsection (b), the following: + + ``SUBCHAPTER II--LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS FROM + FOREIGN SOURCES -``Sec. 711. Acquisition documentation.''. +``Sec. +``4861. Determinations of public interest under chapter 83 of title 41. +``4862. Requirement to buy certain articles from American sources; + exceptions. +``4863. Requirement to buy strategic materials critical to national + security from American sources; exceptions. +``4864. Miscellaneous limitations on the procurement of goods other than + United States goods.''. + + (2) Transfer and redesignation of sections 2533, 2533a, 2533b, + and 2534.--Sections 2533, 2533a, 2533b, and 2534 of title 10, + United States Code, are transferred to chapter 385 of such title, + as added by subsection (a), inserted (in that order) after the + table of sections at the beginning of subchapter II, and + redesignated as sections 4861, 4862, 4863, and 4864, respectively. + (3) Conforming cross-reference amendments.--Section 4864 of + such title, as so transferred and redesignated, is amended-- + (A) in subsection (d)(3), by striking by striking ``section + 2531'' and inserting ``section 4851''; + (B) in subsection (e)(3), by striking ``section + 2532(d)(1)'' and inserting ``section 4852(d)(1)''; and + (C) in paragraph (2)(B) of the first subsection (k) + (relating to ``Limitation on certain procurements application + process''), by striking ``section 2500(1)'' both places it + appears and inserting ``section 4801(1)''. + (4) Additional technical amendments.--Section 4864 of such + title, as so transferred and redesignated, is further amended by + redesignating the second subsection (k) (added by section 853(b) of + the National Defense Authorization Act for Fiscal Year 2020 (Public + Law 116-92)) as subsection (l). + (5) Conforming amendment.--Section 854(a)(2) of the National + Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; + 10 U.S.C. 2533b note) is amended by striking ``section 2533a(b)'' + and inserting ``section 4862(b)''. + (6) Cross-reference amendments.-- + (A) Section 2375(e)(2) of title 10, United States Code, is + amended by striking ``section 2533a'' and ``section 2533b'' and + inserting ``section 4862'' and ``section 4863'', respectively. + (B) Section 8118 of Public Law 108-287 (10 U.S.C. 2533a + note) is amended by striking ``section 2533a(f)'' and inserting + ``section 4862(f)''. + (C) Section 187(b)(5) of title 10, United States Code, is + amended by striking ``section 2533b'' and inserting ``section + 4863''. + (d) Subchapter Iii.-- + (1) Designation of subchapter iii.--Chapter 385 of title 10, + United States Code, is further amended by adding after subchapter + II, as added by subsection (c)(1), the following: + + ``SUBCHAPTER III--LIMITATIONS ON PROCUREMENT FROM CERTAIN FOREIGN + SOURCES -SEC. 1805. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN. +``Sec. +``4871. Acquisition of sensitive materials from non-allied foreign + nations: prohibition. +``4872. Award of certain contracts to entities controlled by a foreign + government: prohibition.''. + + (2) Transfer and redesignation of sections 2533c and 2536.-- + Sections 2533c and 2536 of title 10, United States Code, are + transferred to chapter 385 of such title, as added by subsection + (a), inserted (in that order) after the table of sections at the + beginning of subchapter III, and redesignated as sections 4871 and + 4872, respectively. + (3) Cross-reference and clerical amendments.-- + (A) Section 4871 of such title, as so transferred and + redesignated, is amended by striking ``section 2533b(m)'' in + subsection (d)(3) and inserting ``section 4863(m)''. + (B) The heading of such section is amended to read as + follows: +``Sec. 4871. Acquisition of sensitive materials from non-allied foreign + nations: prohibition''. + (4) Conforming cross-reference amendment.--Section + 2572(e)(2)(A) of title 10, United States Code, is amended by + striking ``section 2536(c)(1)'' and inserting ``section + 4872(c)(1)''. + (e) Subchapter Iv.-- + (1) Designation of subchapter iv.--Chapter 385 of title 10, + United States Code, is further amended by adding after subchapter + III, as added by subsection (d), the following: + +``SUBCHAPTER IV--DEFENSE INDUSTRIAL RESERVE AND INDUSTRIAL MOBILIZATION - (a) Definitions.--In this section: - (1) Large-scale non-intrusive inspection system.--The term - ``large-scale, non-intrusive inspection system'' means a - technology, including x-ray, gamma-ray, and passive imaging - systems, capable of producing an image of the contents of a - commercial or passenger vehicle or freight rail car in 1 pass - of such vehicle or car. - (2) Scanning.--The term ``scanning'' means utilizing - nonintrusive imaging equipment, radiation detection equipment, - or both, to capture data, including images of a commercial or - passenger vehicle or freight rail car. - (b) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Homeland Security shall submit -a plan to the Committee on Homeland Security and Governmental Affairs -of the Senate and the Committee on Homeland Security of the House of -Representatives for increasing to 100 percent the rate of high- -throughput scanning of commercial and passenger vehicles and freight -rail traffic entering the United States at land ports of entry and -rail-border crossings along the border using large-scale non-intrusive -inspection systems or similar technology to enhance border security. - (c) Baseline Information.--The plan under subsection (b) shall -include, at a minimum, the following information regarding large-scale -non-intrusive inspection systems or similar technology operated by U.S. -Customs and Border Protection at land ports of entry and rail-border -crossings as of the date of the enactment of this Act: - (1) An inventory of large-scale non-intrusive inspection - systems or similar technology in use at each land port of - entry. - (2) For each system or technology identified in the - inventory under paragraph (1)-- - (A) the scanning method of such system or - technology; - (B) the location of such system or technology at - each land port of entry that specifies whether in use - in pre-primary, primary, or secondary inspection area, - or some combination of such areas; - (C) the percentage of commercial and passenger - vehicles and freight rail traffic scanned by such - system or technology; - (D) seizure data directly attributed to scanned - commercial and passenger vehicles and freight rail - traffic; and - (E) the number of personnel required to operate - each system or technology. - (3) Information regarding the continued use of other - technology and tactics used for scanning, such as canines and - human intelligence in conjunction with large scale, - nonintrusive inspection systems. - (d) Elements.--The plan under subsection (b) shall include the -following information: - (1) Benchmarks for achieving incremental progress towards - 100 percent high-throughput scanning within the next 6 years of - commercial and passenger vehicles and freight rail traffic - entering the United States at land ports of entry and rail- - border crossings along the border with corresponding projected - incremental improvements in scanning rates by fiscal year and - rationales for the specified timeframes for each land port of - entry. - (2) Estimated costs, together with an acquisition plan, for - achieving the 100 percent high-throughput scanning rate within - the timeframes specified in paragraph (1), including - acquisition, operations, and maintenance costs for large-scale, - nonintrusive inspection systems or similar technology, and - associated costs for any necessary infrastructure enhancements - or configuration changes at each port of entry. Such - acquisition plan shall promote, to the extent practicable, - opportunities for entities that qualify as small business - concerns (as defined under section 3(a) of the Small Business - Act (15 U.S.C. 632(a)). - (3) Any projected impacts, as identified by the - Commissioner of U.S. Customs and Border Protection, on the - total number of commercial and passenger vehicles and freight - rail traffic entering at land ports of entry and rail-border - crossings where such systems are in use, and average wait times - at peak and non-peak travel times, by lane type if applicable, - as scanning rates are increased. - (4) Any projected impacts, as identified by the - Commissioner of U.S. Customs and Border Protection, on land - ports of entry and rail-border crossings border security - operations as a result of implementation actions, including any - changes to the number of U.S. Customs and Border Protection - officers or their duties and assignments. - (e) Annual Report.--Not later than 1 year after the submission of -the plan under subsection (b), and biennially thereafter for the -following 6 years, the Secretary of Homeland Security shall submit a -report to the Committee on Homeland Security and Governmental Affairs -of the Senate and the Committee on Homeland Security of the House of -Representatives that describes the progress implementing the plan and -includes-- - (1) an inventory of large-scale, nonintrusive inspection - systems or similar technology operated by U.S. Customs and - Border Protection at each land port of entry; - (2) for each system or technology identified in the - inventory required under paragraph (1)-- - (A) the scanning method of such system or - technology; - (B) the location of such system or technology at - each land port of entry that specifies whether in use - in pre-primary, primary, or secondary inspection area, - or some combination of such areas; - (C) the percentage of commercial and passenger - vehicles and freight rail traffic scanned by such - system or technology; and - (D) seizure data directly attributed to scanned - commercial and passenger vehicles and freight rail - traffic; - (3) the total number of commercial and passenger vehicles - and freight rail traffic entering at each land port of entry at - which each system or technology is in use, and information on - average wait times at peak and non-peak travel times, by lane - type if applicable; - (4) a description of the progress towards reaching the - benchmarks referred to in subsection (d)(1), and an explanation - if any of such benchmarks are not achieved as planned; - (5) a comparison of actual costs (including information on - any awards of associated contracts) to estimated costs set - forth in subsection (d)(2); - (6) any realized impacts, as identified by the Commissioner - of U.S. Customs and Border Protection, on land ports of entry - and rail-border crossings operations as a result of - implementation actions, including any changes to the number of - U.S. Customs and Border Protection officers or their duties and - assignments; - (7) any proposed changes to the plan and an explanation for - such changes, including changes made in response to any - Department of Homeland Security research and development - findings or changes in terrorist or transnational criminal - organizations tactics, techniques, or procedures; and - (8) any challenges to implementing the plan or meeting the - benchmarks, and plans to mitigate any such challenges. - -SEC. 1806. NATIONAL SUPPLY CHAIN DATABASE. - - (a) Establishment of National Supply Chain Database.--Subject to -the availability of funds as authorized under subsection (3), the -Director of the National Institute of Standards and Technology -(referred to in this Act as the ``NIST'') shall establish a National -Supply Chain Database that will assist the Nation in minimizing -disruptions in the supply chain by having an assessment of United -States manufacturers' capabilities. - (b) Connections With State Manufacturing Extension Partnership.-- - (1) In general.--The infrastructure for the National Supply - Chain Database shall be created through the Hollings - Manufacturing Extension Partnership (MEP) program of the - National Institute of Standards and Technology by connecting - the Hollings Manufacturing Extension Partnerships Centers - through the National Supply Chain Database. - (2) National view.--The connection provided through the - National Supply Chain Database shall provide a national view of - the supply chain and enable the National Institute of Standards - and Technology to understand whether there is a need for some - manufacturers to retool in some key areas to meet the need of - urgent products, such as defense supplies, food, and medical - devices, including personal protective equipment. - (3) Individual state databases.--Each State's supply chain - database maintained by the NIST-recognized Manufacturing - Extension Partnership Center within the State shall be - complementary in design to the National Supply Chain Database. - (c) Maintenance of National Supply Chain Database.--The Hollings -Manufacturing Extension Partnership program or its designee shall -maintain the National Supply Chain Database as an integration of the -State level databases from each State's Manufacturing Extension -Partnership Center and may be populated with information from past, -current, or potential Center clients. - (d) Database Content.-- - (1) In general.--The National Supply Chain Database may-- - (A) provide basic company information; - (B) provide an overview of capabilities, - accreditations, and products; - (C) contain proprietary information; and - (D) include other items determined necessary by the - Director of the NIST. - (2) Searchable database.--The National Supply Chain - Database shall use the North American Industry Classification - System (NAICS) Codes as follows: - (A) Sector 31-33 - Manufacturing. - (B) Sector 54 - Professional, Scientific, and - Technical Services. - (C) Sector 48-49 - Transportation and Warehousing. - (3) Levels.--The National Supply Chain Database shall be - multi-leveled as follows: - (A) Level 1 shall have basic company information - and shall be available to the public. - (B) Level 2 shall have a deeper overview into - capabilities, products, and accreditations and shall be - available to all companies that contribute to the - database and agree to terms of mutual disclosure. - (C) Level 3 shall hold proprietary information. - (4) Exempt from public disclosure.--The National Supply - Chain Database and any information related to it not publicly - released by the NIST shall be exempt from public disclosure - under section 552 of title 5, United States Code, and access to - non-public content shall be limited to the contributing company - and Manufacturing Extension Partnership Center staff who sign - an appropriate non-disclosure agreement. - (e) Authorization of Appropriations.--There authorized to be -appropriated to the Director of the NIST $10,000,000 for fiscal year -2021 to develop and launch the National Supply Chain Database. - -SEC. 1807. COORDINATION WITH HOLLINGS MANUFACTURING EXTENSION - PARTNERSHIP CENTERS. +``Sec. +``4881. Defense Industrial Reserve. +``4882. Industrial mobilization: orders; priorities; possession of + manufacturing plants; violations. +``4883. Industrial mobilization: plants; lists. +``4884. Industrial mobilization: Board on Mobilization of Industries + Essential for Military Preparedness.''. + + (2) Transfer and redesignation of sections 2535, 2538, 2539, + and 2539a.-- + (A) In general.--Sections 2535, 2538, 2539, and 2539a of + title 10, United States Code, are transferred to chapter 385 of + such title, as added by subsection (a), inserted (in that + order) after the table of sections at the beginning of + subchapter IV, and redesignated as sections 4881, 4882, 4883, + and 4884, respectively. + (B) Cross-reference amendment.--Section 4884 of such title, + as so transferred and redesignated, is amended by striking + ``sections 2538 and 2539'' and inserting ``sections 4882 and + 4883''. + (f) Subchapter V.-- + (1) Designation of subchapter v.--Chapter 385 of title 10, + United States Code, is further amended by adding after subchapter + IV, as added by subsection (e), the following: + + ``SUBCHAPTER V--OTHER MATTERS - Notwithstanding section 34(d)(2)(A)(iv) of the National Institute -for Standards and Technology Act (15 U.S.C. 278s(d)(2)(A)(iv)), each -Manufacturing USA Institute (established under subsection (d) of such -Act) shall, as appropriate, contract with a Hollings Manufacturing -Extension Partnership Center (established under section 25 of such Act) -in each State in which such Institute provides services, either -directly or through another such Center, to provide defense industrial -base-related outreach, technical assistance, workforce development, and -technology transfer assistance to small and medium-sized manufacturers. -No Center shall charge in excess of its standard rate for such -services. Funds received by a Center through such a contract shall not -constitute financial assistance under 25(e) of such Act. - -SEC. 1808. COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT. - - (a) Determination on Emergency Supplies and Relationship to State -and Local Efforts.-- - (1) Determination.--For the purposes of section 101 of the - Defense Production Act of 1950 (50 U.S.C. 4511), the following - materials shall be deemed to be scarce and critical materials - essential to the national defense and otherwise meet the - requirements of section 101(b) of such Act during the COVID-19 - emergency period: - (A) Diagnostic tests, including serological tests, - for COVID-19 and the reagents and other materials - necessary for producing or conducting such tests. - (B) Personal protective equipment, including face - shields, N-95 respirator masks, and any other masks - determined by the Secretary of Health and Human - Services to be needed to respond to the COVID-19 - pandemic, and the materials to produce such equipment. - (C) Medical ventilators, the components necessary - to make such ventilators, and medicines needed to use a - ventilator as a treatment for any individual who is - hospitalized for COVID-19. - (D) Pharmaceuticals and any medicines determined by - the Food and Drug Administration or another Government - agency to be effective in treating COVID-19 (including - vaccines for COVID-19) and any materials necessary to - produce or use such pharmaceuticals or medicines - (including self-injection syringes or other delivery - systems). - (E) Any other medical equipment or supplies - determined by the Secretary of Health and Human - Services or the Secretary of Homeland Security to be - scarce and critical materials essential to the national - defense for purposes of section 101 of the Defense - Production Act of 1950 (50 U.S.C. 4511). - (2) Exercise of title i authorities in relation to - contracts by state and local governments.--In exercising - authorities under title I of the Defense Production Act of 1950 - (50 U.S.C. 4511 et seq.) during the COVID-19 emergency period, - the President (and any officer or employee of the United States - to which authorities under such title I have been delegated)-- - (A) may exercise the prioritization or allocation - authority provided in such title I to exclude any - materials described in paragraph (1) ordered by a State - or local government that are scheduled to be delivered - within 15 days of the time at which-- - (i) the purchase order or contract by the - Federal Government for such materials is made; - or - (ii) the materials are otherwise allocated - by the Federal Government under the authorities - contained in such Act; and - (B) shall, within 24 hours of any exercise of the - prioritization or allocation authority provided in such - title I-- - (i) notify any State or local government if - the exercise of such authorities would delay - the receipt of such materials ordered by such - government; and - (ii) take such steps as may be necessary to - ensure that such materials ordered by such - government are delivered in the shortest - possible period. - (3) Update to the federal acquisition regulation.--Not - later than 15 days after the date of the enactment of this Act, - the Federal Acquisition Regulation shall be revised to reflect - the requirements of paragraph (2)(A). - (b) Engagement With the Private Sector.-- - (1) Sense of congress.--The Congress-- - (A) appreciates the willingness of private - companies not traditionally involved in producing items - for the health sector to volunteer to use their - expertise and supply chains to produce essential - medical supplies and equipment; - (B) encourages other manufacturers to review their - existing capacity and to develop capacity to produce - essential medical supplies, medical equipment, and - medical treatments to address the COVID-19 emergency; - and - (C) commends and expresses deep appreciation to - individual citizens who have been producing personal - protective equipment and other materials for, in - particular, use at hospitals in their community. - (2) Outreach representative.-- - (A) Designation.--Consistent with the authorities - in title VII of the Defense Production Act of 1950 (50 - U.S.C. 4551 et seq.), the Administrator of the Federal - Emergency Management Agency, in consultation with the - Secretary of Health and Human Services, shall designate - or shall appoint, pursuant to section 703 of such Act - (50 U.S.C. 4553), an individual to be known as the - ``Outreach Representative''. Such individual shall-- - (i) be appointed from among individuals - with substantial experience in the private - sector in the production of medical supplies or - equipment; and - (ii) act as the Government-wide single - point of contact during the COVID-19 emergency - for outreach to manufacturing companies and - their suppliers who may be interested in - producing medical supplies or equipment, - including the materials described under - subsection (a). - (B) Encouraging partnerships.--The Outreach - Representative shall seek to develop partnerships - between companies, in coordination with the Supply - Chain Stabilization Task Force or any overall - coordinator appointed by the President to oversee the - response to the COVID-19 emergency, including through - the exercise of the authorities under section 708 of - the Defense Production Act of 1950 (50 U.S.C. 4558). - (c) Enhancement of Supply Chain Production.--In exercising -authority under title III of the Defense Production Act of 1950 (50 -U.S.C. 4531 et seq.) with respect to materials described in subsection -(a), the President shall seek to ensure that support is provided to -companies that comprise the supply chains for reagents, components, raw -materials, and other materials and items necessary to produce or use -the materials described in subsection (a). - (d) Oversight of Current Activity and Needs.-- - (1) Response to immediate needs.-- - (A) In general.--Not later than 7 days after the - date of the enactment of this Act, the President, in - coordination with the National Response Coordination - Center of the Federal Emergency Management Agency, the - Administrator of the Defense Logistics Agency, the - Secretary of Health and Human Services, the Secretary - of Veterans Affairs, and heads of other Federal - agencies (as appropriate), shall submit to the - appropriate congressional committees a report assessing - the immediate needs described in subparagraph (B) to - combat the COVID-19 pandemic and the plan for meeting - those immediate needs. - (B) Assessment.--The report required by this - paragraph shall include-- - (i) an assessment of the needs for medical - supplies or equipment necessary to address the - needs of the population of the United States - infected by the virus SARS-CoV-2 that causes - COVID-19 and to prevent an increase in the - incidence of COVID-19 throughout the United - States, including diagnostic tests, serological - tests, medicines that have been approved by the - Food and Drug Administration to treat COVID-19, - and ventilators and medicines needed to employ - ventilators; - (ii) based on meaningful consultations with - relevant stakeholders, an identification of the - target rate of diagnostic testing for each - State and an assessment of the need for - personal protective equipment and other - supplies (including diagnostic tests) required - by-- - (I) health professionals, health - workers, and hospital staff including - supplies needed for worst case - scenarios for surges of COVID-19 - infections and hospitalizations; - (II) workers in industries and - sectors described in the ``Advisory - Memorandum on Identification of - Essential Critical Infrastructure - Workers during the COVID-19 Response'' - issued by the Director of Cybersecurity - and Infrastructure Security Agency of - the Department of Homeland Security on - April 17, 2020 (and any expansion of - industries and sectors included in - updates to such advisory memorandum); - (III) students, teachers, and - administrators at primary and secondary - schools; and - (IV) other workers determined to be - essential based on such consultation; - (iii) an assessment of the quantities of - equipment and supplies in the Strategic - National Stockpile (established under section - 319F-2 of the Public Health Service Act ((42 - U.S.C. 247d-6b(a)(1))) as of the date of the - report, and the projected gap between the - quantities of equipment and supplies identified - as needed in the assessment under clauses (i) - and (ii) and the quantities in the Strategic - National Stockpile; - (iv) an identification of the industry - sectors and manufacturers most ready to fulfill - purchase orders for such equipment and supplies - (including manufacturers that may be - incentivized) through the exercise of authority - under section 303(e) of the Defense Production - Act of 1950 (50 U.S.C. 4533(e)) to modify, - expand, or improve production processes to - manufacture such equipment and supplies to - respond immediately to a need identified in - clause (i) or (ii); - (v) an identification of Government-owned - and privately-owned stockpiles of such - equipment and supplies not included in the - Strategic National Stockpile that could be - repaired or refurbished; - (vi) an identification of previously - distributed critical supplies that can be - redistributed based on current need; - (vii) a description of any exercise of the - authorities described under paragraph (1)(E) or - (2)(A) of subsection (a); and - (viii) an identification of critical areas - of need, by county and by areas identified by - the Indian Health Service, in the United States - and the metrics and criteria for identification - as a critical area. - (C) Plan.--The report required by this paragraph - shall include a plan for meeting the immediate needs to - combat the COVID-19 pandemic, including the needs - described in subparagraph (B). Such plan shall - include-- - (i) each contract the Federal Government - has entered into to meet such needs, including - the purpose of each contract, the type and - amount of equipment, supplies, or services to - be provided under the contract, the entity - performing such contract, and the dollar amount - of each contract; - (ii) each contract that the Federal - Government intends to enter into within 14 days - after submission of such report, including the - information described in subparagraph (B) for - each such contract; and - (iii) whether any of the contracts - described in clause (i) or (ii) have or will - have a priority rating under the Defense - Production Act of 1950 (50 U.S.C. 4501 et - seq.), including purchase orders pursuant to - Department of Defense Directive 4400.1 (or any - successor directive), subpart A of part 101 of - title 45, Code of Federal Regulations, or any - other applicable authority. - (D) Additional requirements.--The report required - by this paragraph, and each update required by - subparagraph (E), shall include-- - (i) any requests for equipment and supplies - from State or local governments and Indian - Tribes, and an accompanying list of the - employers and unions consulted in developing - these requests; - (ii) any modeling or formulas used to - determine allocation of equipment and supplies, - and any related chain of command issues on - making final decisions on allocations; - (iii) the amount and destination of - equipment and supplies delivered; - (iv) an explanation of why any portion of - any contract described under subparagraph (C), - whether to replenish the Strategic National - Stockpile or otherwise, will not be filled; - (v) of products procured under such - contract, the percentage of such products that - are used to replenish the Strategic National - Stockpile, that are targeted to COVID-19 - hotspots, and that are used for the commercial - market; - (vi) a description of the range of prices - for goods described in subsection (a), or other - medical supplies and equipment that are subject - to shortages, purchased by the United States - Government, transported by the Government, or - otherwise known to the Government, which shall - also identify all such prices that exceed the - prevailing market prices of such goods prior to - March 1, 2020, and any actions taken by the - Government under section 102 of the Defense - Production Act of 1950 or similar provisions of - law to prevent hoarding of such materials and - charging of such increased prices between March - 1, 2020, and the date of the submission of the - first report required by this paragraph, and, - for all subsequent reports, within each - reporting period; - (vii) metrics, formulas, and criteria used - to determine COVID-19 hotspots or areas of - critical need for a State, county, or an area - identified by the Indian Health Service; - (viii) production and procurement - benchmarks, where practicable; and - (ix) results of the consultation with the - relevant stakeholders required by subparagraph - (B)(ii). - (E) Updates.--The President, in coordination with - the National Response Coordination Center of the - Federal Emergency Management Agency, the Administrator - of the Defense Logistics Agency, the Secretary of - Health and Human Services, the Secretary of Veterans - Affairs, and heads of other Federal agencies (as - appropriate), shall update such report every 14 days. - (F) Public availability.--The President shall make - the report required by this paragraph and each update - required by subparagraph (E) available to the public, - including on a Government website. - (2) Response to longer-term needs.-- - (A) In general.--Not later than 14 days after the - date of enactment of this Act, the President, in - coordination with the National Response Coordination - Center of the Federal Emergency Management Agency, the - Administrator of the Defense Logistics Agency, the - Secretary of Health and Human Services, the Secretary - of Veterans Affairs, and heads of other Federal - agencies (as appropriate), shall submit to the - appropriate congressional committees a report - containing an assessment of the needs described in - subparagraph (B) to combat the COVID-19 pandemic and - the plan for meeting such needs during the 6-month - period beginning on the date of submission of the - report. - (B) Assessment.--The report required by this - paragraph shall include-- - (i) an assessment of the elements describe - in clauses (i) through (v) and clause (viii) of - paragraph (1)(B); - (ii) an assessment of needs related to - COVID-19 vaccines; - (iii) an assessment of the manner in which - the Defense Production Act of 1950 could be - exercised to increase services related to - health surveillance to ensure that the - appropriate level of contact tracing related to - detected infections is available throughout the - United States to prevent future outbreaks of - COVID-19 infections; and - (iv) an assessment of any additional - services needed to address the COVID-19 - pandemic. - (C) Plan.--The report required by this paragraph - shall include a plan for meeting the longer-term needs - to combat the COVID-19 pandemic, including the needs - described in subparagraph (B). This plan shall - include-- - (i) a plan to exercise authorities under - the Defense Production Act of 1950 (50 U.S.C. - 4501 et seq.) necessary to increase the - production of the medical equipment, supplies, - and services that are essential to meeting the - needs identified in subparagraph (B), including - the number of N-95 respirator masks and other - personal protective equipment needed, based on - meaningful consultations with relevant - stakeholders, by the private sector to resume - economic activity and by the public and - nonprofit sectors to significantly increase - their activities; - (ii) results of the consultations with the - relevant stakeholders required by clause (i); - (iii) an estimate of the funding and other - measures necessary to rapidly expand - manufacturing production capacity for such - equipment and supplies, including-- - (I) any efforts to expand, retool, - or reconfigure production lines; - (II) any efforts to establish new - production lines through the purchase - and installation of new equipment; or - (III) the issuance of additional - contracts, purchase orders, purchase - guarantees, or other similar measures; - (iv) each contract the Federal Government - has entered into to meet such needs or expand - such production, the purpose of each contract, - the type and amount of equipment, supplies, or - services to be provided under the contract, the - entity performing such contract, and the dollar - amount of each contract; - (v) each contract that the Federal - Government intends to enter into within 14 days - after submission of such report, including the - information described in clause (iv) for each - such contract; - (vi) whether any of the contracts described - in clause (iv) or (v) have or will have a - priority rating under the Defense Production - Act of 1950 (50 U.S.C. 4501 et seq.), including - purchase orders pursuant to Department of - Defense Directive 4400.1 (or any successor - directive), subpart A of part 101 of title 45, - Code of Federal Regulations, or any other - applicable authority; and - (vii) the manner in which the Defense - Production Act of 1950 (50 U.S.C. 4501 et seq.) - could be used to increase services necessary to - combat the COVID-19 pandemic, including - services described in subparagraph (B)(ii). - (D) Updates.--The President, in coordination with - the National Response Coordination Center of the - Federal Emergency Management Agency, the Administrator - of the Defense Logistics Agency, the Secretary of - Health and Human Services, the Secretary of Veterans - Affairs, and heads of other Federal agencies (as - appropriate), shall update such report every 14 days. - (E) Public availability.--The President shall make - the report required by this subsection and each update - required by subparagraph (D) available to the public, - including on a Government website. - (3) Report on exercising authorities under the defense - production act of 1950.-- - (A) In general.--Not later than 14 days after the - date of the enactment of this Act, the President, in - consultation with the Administrator of the Federal - Emergency Management Agency, the Secretary of Defense, - and the Secretary of Health and Human Services, shall - submit to the appropriate congressional committees a - report on the exercise of authorities under titles I, - III, and VII of the Defense Production Act of 1950 (50 - U.S.C. 4501 et seq.) prior to the date of such report. - (B) Contents.--The report required under - subparagraph (A) and each update required under - subparagraph (C) shall include, with respect to each - exercise of such authority-- - (i) an explanation of the purpose of the - applicable contract, purchase order, or other - exercise of authority (including an allocation - of materials, services, and facilities under - section 101(a)(2) of the Defense Production Act - of 1950 (50 U.S.C. 4511(a)(2)); - (ii) the cost of such exercise of - authority; and - (iii) if applicable-- - (I) the amount of goods that were - purchased or allocated; - (II) an identification of the - entity awarded a contract or purchase - order or that was the subject of the - exercise of authority; and - (III) an identification of any - entity that had shipments delayed by - the exercise of any authority under the - Defense Production Act of 1950 (50 - U.S.C. 4501 et seq.). - (C) Updates.--The President shall update the report - required under subparagraph (A) every 14 days. - (D) Public availability.--The President shall make - the report required by this subsection and each update - required by subparagraph (C) available to the public, - including on a Government website. - (4) Quarterly reporting.--The President shall submit to - Congress, and make available to the public (including on a - Government website), a quarterly report detailing all - expenditures made pursuant to titles I, III, and VII of the - Defense Production Act of 1950 50 U.S.C. 4501 et seq.). - (5) Exercise of loan authorities.-- - (A) In general.--Any loan made pursuant to section - 302 or 303 of the Defense Production Act of 1950, - carried out by the International Development Finance - Corporation pursuant to the authorities delegated by - Executive Order No. 13922, shall be subject to the - notification requirements contained in section 1446 of - the BUILD Act of 2018 (22 U.S.C. 9656). - (B) Appropriate congressional committees.--For - purposes of the notifications required by subparagraph - (A), the term ``appropriate congressional committees'', - as used section 1446 of the BUILD Act of 2018, shall be - deemed to include the Committee on Financial Services - of the House of Representatives and the Committee on - Banking, Housing and Urban Development of the Senate. - (6) Sunset.--The requirements of this subsection shall - terminate on the later of-- - (A) December 31, 2021; or - (B) the end of the COVID-19 emergency period. - (e) Enhancements to the Defense Production Act of 1950.-- - (1) Health emergency authority.--Section 107 of the Defense - Production Act of 1950 (50 U.S.C. 4517) is amended by adding at - the end the following: - ``(c) Health Emergency Authority.--With respect to a public health -emergency declaration by the Secretary of Health and Human Services -under section 319 of the Public Health Service Act, or preparations for -such a health emergency, the Secretary of Health and Human Services and -the Administrator of the Federal Emergency Management Agency are -authorized to carry out the authorities provided under this section to -the same extent as the President.''. - (2) Emphasis on business concerns owned by women, - minorities, veterans, and native americans.--Section 108 of the - Defense Production Act of 1950 (50 U.S.C. 4518) is amended-- - (A) in the heading, by striking ``modernization of - small business suppliers'' and inserting ``small - business participation and fair inclusion''; - (B) by amending subsection (a) to read as follows: - ``(a) Participation and Inclusion.-- - ``(1) In general.--In providing any assistance under this - Act, the President shall accord a strong preference for - subcontractors and suppliers that are-- - ``(A) small business concerns; or - ``(B) businesses of any size owned by women, - minorities, veterans, and the disabled. - ``(2) Special consideration.--To the maximum extent - practicable, the President shall accord the preference - described under paragraph (1) to small business concerns and - businesses described in paragraph (1)(B) that are located in - areas of high unemployment or areas that have demonstrated a - continuing pattern of economic decline, as identified by the - Secretary of Labor.''; and - (C) by adding at the end the following: - ``(c) Minority Defined.--In this section, the term `minority'-- - ``(1) has the meaning given the term in section 308(b) of - the Financial Institutions Reform, Recovery, and Enforcement - Act of 1989; and - ``(2) includes any indigenous person in the United States, - including any territories of the United States.''. - (3) Additional information in annual report.--Section - 304(f)(3) of the Defense Production Act of 1950 (50 U.S.C. - 4534(f)(3)) is amended by striking ``year.'' and inserting - ``year, including the percentage of contracts awarded using - Fund amounts to each of the groups described in section - 108(a)(1)(B) (and, with respect to minorities, disaggregated by - ethnic group), and the percentage of the total amount expended - during such fiscal year on such contracts.''. - (4) Definition of national defense.--Section 702(14) of the - Defense Production Act of 1950 is amended by striking ``and - critical infrastructure protection and restoration'' and - inserting ``, critical infrastructure protection and - restoration, and health emergency preparedness and response - activities''. - (f) Securing Essential Medical Materials.-- - (1) Statement of policy.--Section 2(b) of the Defense - Production Act of 1950 (50 U.S.C. 4502) is amended-- - (A) by redesignating paragraphs (3) through (8) as - paragraphs (4) through (9), respectively; and - (B) by inserting after paragraph (2) the following: - ``(3) authorities under this Act should be used when - appropriate to ensure the availability of medical materials - essential to national defense, including through measures - designed to secure the drug supply chain, and taking into - consideration the importance of United States competitiveness, - scientific leadership and cooperation, and innovative - capacity;''. - (2) Strengthening domestic capability.--Section 107 of the - Defense Production Act of 1950 (50 U.S.C. 4517) is amended-- - (A) in subsection (a), by inserting ``(including - medical materials)'' after ``materials''; and - (B) in subsection (b)(1), by inserting ``(including - medical materials such as drugs to diagnose, cure, - mitigate, treat, or prevent disease that essential to - national defense)'' after ``essential materials''. - (3) Strategy on securing supply chains for medical - articles.--Title I of the Defense Production Act of 1950 (50 - U.S.C. 4511 et seq.) is amended by adding at the end the - following: +``Sec. +``4891. Improved national defense control of technology diversions + overseas. +``4892. Availability of samples, drawings, information, equipment, + materials, and certain services.''. + + (2) Transfer and redesignation of sections 2537 and 2539b.-- + Sections 2537 and 2539b of title 10, United States Code, are + transferred to chapter 385 of such title, as added by subsection + (a), inserted (in that order) after the table of sections at the + beginning of subchapter V, and redesignated as sections 4891 and + 4892, respectively. +SEC. 1871. SMALL BUSINESS PROGRAMS. + (a) In General.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is +amended-- + (1) by striking chapter 285; and + (2) by adding at the end the following new chapter: -``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS. + ``CHAPTER 387--SMALL BUSINESS PROGRAMS - ``(a) In General.--Not later than 180 days after the date of the -enactment of this section, the President, in consultation with the -Secretary of Health and Human Services, the Secretary of Commerce, the -Secretary of Homeland Security, and the Secretary of Defense, shall -transmit a strategy to the appropriate Members of Congress that -includes the following: - ``(1) A detailed plan to use the authorities under this - title and title III, or any other provision of law, to ensure - the supply of medical materials (including drugs to diagnose, - cure, mitigate, treat, or prevent disease) essential to - national defense, to the extent necessary for the purposes of - this Act. - ``(2) An analysis of vulnerabilities to existing supply - chains for such medical articles, and recommendations to - address the vulnerabilities. - ``(3) Measures to be undertaken by the President to - diversify such supply chains, as appropriate and as required - for national defense; and - ``(4) A discussion of-- - ``(A) any significant effects resulting from the - plan and measures described in this subsection on the - production, cost, or distribution of vaccines or any - other drugs (as defined under section 201 of the - Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)); - ``(B) a timeline to ensure that essential - components of the supply chain for medical materials - are not under the exclusive control of a foreign - government in a manner that the President determines - could threaten the national defense of the United - States; and - ``(C) efforts to mitigate any risks resulting from - the plan and measures described in this subsection to - United States competitiveness, scientific leadership, - and innovative capacity, including efforts to cooperate - and proactively engage with United States allies. - ``(b) Progress Report.--Following submission of the strategy under -subsection (a), the President shall submit to the appropriate Members -of Congress an annual progress report evaluating the implementation of -the strategy, and may include updates to the strategy as appropriate. -The strategy and progress reports shall be submitted in unclassified -form but may contain a classified annex. - ``(c) Appropriate Members of Congress.--The term `appropriate -Members of Congress' means the Speaker, majority leader, and minority -leader of the House of Representatives, the majority leader and -minority leader of the Senate, the Chairman and Ranking Member of the -Committees on Armed Services and Financial Services of the House of -Representatives, and the Chairman and Ranking Member of the Committees -on Armed Services and Banking, Housing, and Urban Affairs of the -Senate.''. - (g) GAO Report.-- - (1) In general.--Not later than 270 days after the date of - the enactment of this Act, and annually thereafter, the - Comptroller General of the United States shall submit to the - appropriate congressional committees a report on ensuring that - the United States Government has access to the medical supplies - and equipment necessary to respond to future pandemics and - public health emergencies, including recommendations with - respect to how to ensure that the United States supply chain - for diagnostic tests (including serological tests), personal - protective equipment, vaccines, and therapies is better - equipped to respond to emergencies, including through the use - of funds in the Defense Production Act Fund under section 304 - of the Defense Production Act of 1950 (50 U.S.C. 4534) to - address shortages in that supply chain. - (2) Review of assessment and plan.-- - (A) In general.--Not later than 30 days after each - of the submission of the reports described in - paragraphs (1) and (2) of subsection (d), the - Comptroller General of the United States shall submit - to the appropriate congressional committees an - assessment of such reports, including identifying any - gaps and providing any recommendations regarding the - subject matter in such reports. - (B) Monthly review.--Not later than a month after - the submission of the assessment under subparagraph - (A), and monthly thereafter, the Comptroller General - shall issue a report to the appropriate congressional - committees with respect to any updates to the reports - described in paragraph (1) and (2) of subsection (d) - that were issued during the previous 1-month period, - containing an assessment of such updates, including - identifying any gaps and providing any recommendations - regarding the subject matter in such updates. - (h) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means the Committees - on Appropriations, Armed Services, Energy and Commerce, - Financial Services, Homeland Security, and Veterans' Affairs of - the House of Representatives and the Committees on - Appropriations, Armed Services, Banking, Housing, and Urban - Affairs, Health, Education, Labor, and Pensions, Homeland - Security and Governmental Affairs, and Veterans' Affairs of the - Senate. - (2) COVID-19 emergency period.--The term ``COVID-19 - emergency period'' means the period beginning on the date of - enactment of this Act and ending after the end of the incident - period for the emergency declared on March 13, 2020, by the - President under Section 501 of the Robert T. Stafford Disaster - Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) - relating to the Coronavirus Disease 2019 (COVID-19) pandemic. - (3) Relevant stakeholder.--The term ``relevant - stakeholder'' means-- - (A) representative private sector entities; - (B) representatives of the nonprofit sector; - (C) representatives of primary and secondary school - systems; and - (D) representatives of labor organizations - representing workers, including unions that represent - health workers, manufacturers, teachers, other public - sector employees, and service sector workers. - (4) State.--The term ``State'' means each of the several - States, the District of Columbia, the Commonwealth of Puerto - Rico, and any territory or possession of the United States. +``Subchapter + Sec. +``I. General...................................................... 4901 + + ``SUBCHAPTER I--GENERAL + +``Sec. +``4901. Department of Defense small business strategy.''. + + (b) Transfer of Section 2283.--Section 2283 of title 10, United +States Code, is transferred to chapter 387 of such title, as added by +paragraph (1), inserted after the table of sections at the end of +subchapter I, redesignated as section 4901, and amended in subsections +(b)(3) and (e) by striking ``chapter 142'' and inserting ``chapter +388''. +SEC. 1872. PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT +PROGRAM. + (a) New Chapter.-- + (1) In general.--Part V of subtitle A of title 10, United + States Code, as added by section 801 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232), is amended-- + (A) by striking chapter 385 (as enacted by that Act); and + (B) by adding after chapter 387, as added by the preceding + section, the following new chapter: + + ``CHAPTER 388--PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT + PROGRAM -SEC. 1809. PROHIBITION ON PROVISION OF GRANT FUNDS TO ENTITIES THAT - HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS OF UNITED - STATES ENTITIES. +``Sec. +``4951. Purposes; definitions; regulations. +``4952. Cooperative agreements. +``4953. Funding. +``4954. Distribution. +``4955. Subcontractor information. +``4956. Authority to provide certain types of technical assistance. +``4957. Advancing small business growth. +``4958. [Reserved]. +``4959. Administrative and other costs. + +``Sec. 4951. Purposes; definitions; regulations''. + (2) Transfer of section 2412.--The text of section 2412 of + title 10, United States Code, is transferred to section 4951 of + such title, as added by paragraph (1), inserted after the section + heading, designated as subsection (a), and amended by inserting + ``Purposes.--'' before ``The purposes of the program''. + (3) Transfer of section 2411.-- + (A) Transfer.--The text of section 2411 of title 10, United + States Code, is transferred to section 4951 of such title, as + added by paragraph (1), inserted after subsection (a), as added + by paragraph (2), designated as subsection (b), and amended by + inserting ``Definitions.--'' before ``In this chapter''. + (B) Preservation of future amendment.--Section 852(a) of + the National Defense Authorization Act for Fiscal Year 2020 + (Public Law 116-92; 133 Stat. 1511; 10 U.S.C. 2411 note) is + amended by striking ``section 2411(3)'' and inserting ``section + 4951(b)(3)'', except that if the effective date of this section + is after October 1, 2021, such amendment shall not be made. + (4) Transfer of section 2420.--The text of section 2420 of + title 10, United States Code, is transferred to section 4951 of + such title, as added by paragraph (1), inserted after subsection + (b), as added by paragraph (3), designated as subsection (c), and + amended by inserting ``Regulations.--'' before ``The Secretary of + Defense''. + (5) Transfer of section 2413.--Section 2413 of title 10, United + States Code, is transferred to chapter 385 of such title, as + amended by paragraph (1), inserted after section 4951, redesignated + as section 4952, and amended-- + (A) in subsection (a), by inserting ``Authority.--'' after + ``(a)''; + (B) in subsection (b)-- + (i) by inserting ``Agreements.--'' before ``Under any + such'' ; and + (ii) by striking ``section 2419(b)'' in paragraph (2) + and inserting ``section 4957(b)''; + (C) in subsection (c), by inserting ``Distribution of + Programs.--'' after ``(c)''; + (D) in subsection (d), by inserting ``Weight to Be Given + Successful Past Performance.--'' after ``(d)''; and + (E) in subsection (e), by inserting ``Determination of + Level of Funding.--'' after ``(e)''. + (6) Transfer of section 2414.--Section 2414 of title 10, United + States Code, is transferred to chapter 385 of such title, as + amended by paragraph (1), inserted after section 4952, as + transferred and redesignated by paragraph (5), redesignated as + section 4953, and amended-- + (A) by striking ``clause'' in paragraphs (1) and (2) of + subsection (a) and inserting ``paragraph''; + (B) by striking ``section 2411(1)(D)'' in subsections + (a)(3), (a)(4), and (b) and inserting ``section + 4951(b)(1)(D)''; and + (C) in subsection (c), by striking ``section 2419(b)'' and + inserting ``section 4957(b)''. + (7) Transfer of section 2415.--Section 2415 of title 10, United + States Code, is transferred to chapter 385 of such title, as + amended by paragraph (1), inserted after section 4953, as + transferred and redesignated by paragraph (6), and redesignated as + section 4954. + (8) Transfer of section 2416.--Section 2416 of title 10, United + States Code, is transferred to chapter 385 of such title, as + amended by paragraph (1), inserted after section 4954, as + transferred and redesignated by paragraph (7), redesignated as + section 4955, and amended-- + (A) in subsection (a), by inserting ``Contractors to + Provide Information.--'' after ``(a)''; + (B) in subsection (b), by inserting ``Information to Be + Provided.--'' after ``(b)''; + (C) in subsection (c), by inserting ``Frequency.--'' after + ``(c)''; and + (D) in subsection (d), by inserting ``Definition.--'' after + ``(d)''. + (9) Transfer of section 2418.--Section 2418 of title 10, United + States Code, is transferred to chapter 385 of such title, as + amended by paragraph (1), inserted after section 4955, as + transferred and redesignated by paragraph (8), redesignated as + section 4956, and amended-- + (A) in subsection (a), by inserting ``Assistance Relating + to Certain Non-defense Contracts.--'' after ``(a)''; + (B) in subsection (b), by inserting ``Information Relating + to Assistance and Other Programs Available.--'' after ``(b)''; + and + (C) in subsection (c), by inserting ``Education on + Requirements Applicable to Small Businesses Under Certain + Regulations.--'' after ``(c)''. + (10) Transfer of section 2419.--Section 2419 of title 10, + United States Code, is transferred to chapter 385 of such title, as + amended by paragraph (1), inserted after section 4956, as + transferred and redesignated by paragraph (7), and redesignated as + section 4957. + (11) Transfer of section 2417.--Section 2417 of title 10, + United States Code, is transferred to chapter 385 of such title, as + amended by paragraph (1),inserted after section 4957, as added by + paragraph (10), and redesignated as section 4959. + (b) Conforming Repeal of Chapter 142.-- + (1) Repeal.--Chapter 142 of title 10, United States Code, is + repealed. + (2) Clerical amendments.--The tables of chapters at the + beginning of subtitle A, and at the beginning of part IV of + subtitle A, of title 10, United States Code, are amended by + striking the items relating to chapter 142. +SEC. 1873. LOAN GUARANTEE PROGRAMS. + (a) New Chapter.--Part V of subtitle A of title 10, United States +Code, as added by section 801 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is +amended-- + (1) by striking chapter 383 (as enacted by that Act); and + (2) by adding after chapter 388, as added by the preceding + section, the following new chapter: + + ``CHAPTER 389--LOAN GUARANTEE PROGRAMS + +``Subchapter + Sec. +``I. Defense Export Loan Guarantees............................... 4971 + +``II. Critical Infrastructure Protection Loan Guarantees.........4981''. + + (b) Transfer of Existing Provisions.--Subchapters VI and VII of +chapter 148 of title 10, United States Code, are transferred to chapter +389 of such title, as added by subsection (a), inserted after the table +of subchapters at the beginning of the chapter, and redesignated as +subchapters I and II, respectively. + (c) Redesignation of Sections.-- + (1) Subchapter i.--Sections 2540, 2540a, 2540b, 2540c and 2540d + of such title are redesignated as sections 4971, 4972, 4973, 4974, + and 4975, respectively, and the items relating to those sections in + the table of sections at the beginning of subchapter I of chapter + 389, as transferred and redesignated by subsection (b), are amended + to conform to the redesignations in this paragraph. + (2) Subchapter ii.--Sections 2541, 2541a, 2541b, 2541c and + 2541d of such title are redesignated as sections 4981, 4982, 4983, + 4984, and 4985, respectively, and the items relating to those + sections in the table of sections at the beginning of subchapter II + of chapter 389, as transferred and redesignated by subsection (b), + are amended to conform to the redesignations in this paragraph. + (d) Conforming Cross-reference Amendments in 2540 Note Section.-- +Section 8065 of the Department of Defense Appropriations Act, 2005 +(Public Law 108-287; 10 U.S.C. 2540 note), is amended-- + (1) by striking ``subchapter VI of chapter 148'' both places it + appears and inserting ``subchapter I of chapter 389''; and + (2) by striking ``section 2540c(d)'' and inserting ``section + 4974(d)''. + (e) Cross-reference Amendments in Subchapter Ii.--Subchapter II of +chapter 389 of such title, as transferred and redesignated by +subsection (b), is amended-- + (1) in subsection (b)(5) of section 4981, as redesignated by + subsection (c)(2), by striking ``section 2541d'' and inserting + ``section 4985''; + (2) in subsection (b) of section 4983, as redesignated by + subsection (c)(2), by striking ``section 2541a(c)'' and inserting + ``section 4982(c)''; and + (3) in section 4984, as redesignated by subsection (c)(2)-- + (A) in the matter preceding paragraph (1), by striking + ``subchapter VI'' and inserting ``subchapter I''; + (B) in paragraph (1), by striking ``Section 2540a'' and + inserting ``Section 4972''; + (C) in paragraph (2), by striking ``section 2540b'' and + inserting ``section 4973''; and + (D) in paragraph (3), by striking ``Section 2540d(2)'' and + inserting ``Section 4975(2)''. + (f) Clerical Amendments.--The tables of chapters at the beginning +of subtitle A, and at the beginning of part V of subtitle A, of title +10, United States Code, are amended-- + (1) by striking the items relating to chapters 285, 383, and + 385; and + (2) by adding at the end the following new items: + +``387. Small Business Programs.................................... 4901 + +``388. Procurement Technical Assistance Cooperative Agreement +Program........................................................... 4951 + +``389. Loan Guarantee Programs...................................4971''. + + Subtitle J--Other Matters + +SEC. 1876. RECODIFICATION OF CERTAIN TITLE 10 PROVISIONS RELATING TO +CONTRACT FINANCING FOR CERTAIN NAVY CONTRACTS. + (a) Recodification of Paragraph (1) of 10 u.s.c. 2307(g).--Chapter +863 of title 10, United States Code, is amended by inserting after +section 8684 a new section 8684a consisting of-- + (1) a heading as follows: +``Sec. 8684a. Repair, maintenance, or overhaul of naval vessels: rate + for progress payments''; and + (2) a text consisting of the text of paragraph (1) of section + 2307(g) of title 10, United States Code, revised by redesignating + subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. + (b) Recodification of Paragraph (3).--Such chapter is further +amended by inserting after section 8688 a new section 8688a consisting +of-- + (1) a heading as follows: +``Sec. 8688a. Construction and conversion of naval vessels: liens''; + and + (2) a text consisting of the text of paragraph (3) of section + 2307(g) of such title. + (c) Recodification of Paragraph (2).--Subsection (c) of section +8702 of such title is amended-- + (1) by striking the first two words of the subsection heading; + and + (2) by striking the text of that subsection and inserting the + text of paragraph (2) of section 2307(g) of such title, amended by + striking ``this paragraph'' in the second sentence and inserting + ``this subsection''. + (d) Clerical Amendments.--The table of sections at the beginning of +chapter 863 of such title is amended-- + (1) by inserting after the item relating to section 8684 the + following new item: + +``8684a. Repair, maintenance, or overhaul of naval vessels: rate for + progress payments.''; + + (2) by inserting after the item relating to section 8688 the + following new item: + +``8688a. Construction and conversion of naval vessels: liens.''. + + (e) Conforming Repeal.--Section 2307(g) of such title is repealed. +SEC. 1877. RECODIFICATION OF TITLE 10 STATUTE ON CADRE OF PERSONNEL WHO +ARE INTELLECTUAL PROPERTY EXPERTS. + (a) New Section in Acquisition Workforce Chapter.--Chapter 87 of +title 10, United States Code, is amended by inserting after section +1706 the following new section: +``Sec. 1707. Cadre of intellectual property experts''. + (b) Transfer of 10 u.s.c. 2322(b).--Subsection (b) of section 2322 +of title 10, United States Code, is transferred to section 1707 of such +title, as added by subsection (a), inserted after the section heading, +redesignated as subsection (a), and amended-- + (1) by striking ``Cadre of Intellectual Property Experts.--(1) + The Secretary'' and inserting ``Cadre.--The Secretary''; and + (3) by redesignating paragraphs (2), (3), and (4) as + subsections (b), (c), and (d), respectively. + (c) Amendments to New 1707(b).--Subsection (b) of such section +1707, as so redesignated, is amended-- + (1) by inserting ``Leadership Structure.--'' before ``The + Under''; + (2) by striking ``Secretary shall establish'' and inserting + ``Secretary-- + ``(1) shall establish''; and + (3) by striking ``managed, and shall determine'' and inserting + ``managed; and + ``(2) shall determine''. + (d) Amendments to New 1707(c).--Subsection (c) of such section +17017, as so redesignated, is amended-- + (1) by inserting ``Duties.--'' before ``The cadre''; and + (2) by redesignating subparagraphs (A) through (F) as + paragraphs (1) through (6), respectively. + (e) Amendments to New 1707(d).--Subsection (d) of such section +1707, as so redesignated, is amended-- + (1) by striking ``(A) In order to'' and inserting + ``Administration.-- + ``(1) In order to''; + (2) by redesignating subparagraphs (B) through (F) as + paragraphs (2) through (6), respectively, and realigning such + paragraphs 2 ems from the left margin; + (3) in paragraph (1) of such subsection (d), as redesignated by + paragraph (1) of this subsection-- + (A) in the first sentence-- + (i) by striking ``paragraph (1)'' and inserting + ``subsection (a)''; and + (ii) by striking ``paragraph (2)'' and inserting + ``subsection (b)''; and + (B) in the third sentence, by striking ``subparagraphs (B), + (C), (D), and (F)'' and inserting ``paragraphs (2), (3), (4), + and (6)''; and + (4) in paragraph (4), as redesignated by paragraph (2), by + striking ``section 2320'' and inserting ``section 3775(a)''. +SEC. 1878. TRANSFER OF TITLE 10 SECTION RELATING TO NOTIFICATION OF +NAVY PROCUREMENT PRODUCTION DISRUPTIONS. + (a) Transfer of Section 2339b.--Section 2339b of title 10, United +States Code, as added by section 820 of the National Defense +Authorization Act for Fiscal Year 2020 (Public Law 116-92), is +transferred to chapter 873 of such title, inserted before section 8752, +and redesignated as section 8751. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 873 of such title is amended by inserting before the item +relating to section 8752 the following new item: + +``8751. Notification of Navy procurement production disruptions.''. +SEC. 1879. TRANSFER OF TITLE 10 SECTION RELATING TO ENERGY SECURITY. + (a) Transfer.--Section 2410q of title 10, United States Code, is +transferred to subchapter II of chapter 173 of such title, inserted +after section 2922h, and redesignated as section 2922i. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by adding at the end the following new item: - (a) Amendment.--Section 47110 of title 49, United States Code, is -amended by adding at the end the following: - ``(j) Prohibition on Provision of Grant Funds to Entities That Have -Violated Intellectual Property Rights of United States Entities.-- - ``(1) In general.--Beginning on the date that is 30 days - after the date of the enactment of this subsection, amounts - provided as project grants under this subchapter may not be - used to enter into a contract described in paragraph (2) with - any entity on the list required by paragraph (3). - ``(2) Contract described.--A contract described in this - paragraph is a contract or other agreement for the procurement - of infrastructure or equipment for a passenger boarding bridge - at an airport. - ``(3) List required.-- - ``(A) In general.--Not later than 30 days after the - date of the enactment of this section, and thereafter - as required by subparagraphs (B) and (C), the - Administrator of the Federal Aviation Administration - shall, based on information provided by the United - States Trade Representative and the Attorney General, - make available to the public a list of entities that-- - ``(i)(I) are owned or controlled by, or - receive subsidies from, the government of a - country-- - ``(aa) identified by the Trade - Representative under subsection (a)(1) - of section 182 of the Trade Act of 1974 - (19 U.S.C. 2242) in the most recent - report required by that section; and - ``(bb) subject to monitoring by the - Trade Representative under section 306 - of the Trade Act of 1974 (19 U.S.C. - 2416); and - ``(II) have been determined by a Federal - court to have misappropriated intellectual - property or trade secrets from an entity - organized under the laws of the United States - or any jurisdiction within the United States; - or - ``(ii) own or control, are owned or - controlled by, are under common ownership or - control with, or are successors to, an entity - described in clause (i). - ``(B) Updates to list.--The Administrator shall - update the list required by subparagraph (A), based on - information provided by the Trade Representative and - the Attorney General-- - ``(i) not less frequently than every 90 - days during the 180-day period following the - initial publication of the list under - subparagraph (A); and - ``(ii) not less frequently than annually - during the 5-year period following the 180-day - period described in clause (i). - ``(C) Continuation of requirement to update list.-- - ``(i) In general.--Not later than the end - of the 5-year period described in subparagraph - (B)(ii), the Administrator shall make a - determination with respect to whether - continuing to update the list required by - subparagraph (A) is necessary to carry out this - subsection. - ``(ii) Effect of determination that updates - are necessary.--If the Administrator determines - under clause (i) that continuing to update the - list required by subparagraph (A) is necessary, - the Administrator shall continue to update the - list, based on information provided by the - Trade Representative and the Attorney General, - not less frequently than annually. - ``(iii) Effect of determination that - updates are not necessary.--If the - Administrator determines under clause (i) that - continuing to update the list required by - subparagraph (A) is not necessary, the - Administrator shall, not later than 90 days - after making the determination, submit to - Congress a report on the determination and the - reasons for the determination.''. - (b) Sunset.--The amendment made by subsection (a) shall not have -any force or effect on and after September 30, 2023. - -SEC. 1810. DISCLOSURE OF IMPORTS FROM THE XINJIANG UYGHUR AUTONOMOUS - REGION. - - (a) In General.--The Secretary of Defense shall issue rules to -require each company that produces or imports manufactured goods sold -in the military commissary and exchange systems to file an annual -report with the Secretary to disclose-- - (1) whether any of such goods were-- - (A) imported, directly or indirectly, from an - entity that manufactures goods, including electronics, - food products, textiles, shoes, and teas, that - originated in the XUAR; or - (B) manufactured with materials that originated or - are sourced in the XUAR; and - (2) with respect to any goods or materials described under - subparagraph (A) or (B) of paragraph (1)-- - (A) whether the goods or materials originated in - forced labor camps; and - (B) whether the company or any affiliate of the - company intends to continue with such importation. - (b) GAO Report.--The Comptroller General of the United States shall -periodically evaluate and report to Congress on the effectiveness of -the disclosures required under subsection (a). - (c) Definitions.--In this section: - (1) Forced labor camp.--The term ``forced labor camp'' - means-- - (A) any entity engaged in the ``pairing - assistance'' program which subsidizes the establishment - of manufacturing facilities in XUAR; - (B) any entity using convict labor, forced labor, - or indentured labor described under section 307 of the - Tariff Act of 1930 (19 U.S.C. 1307); and - (C) any other entity that the Secretary of Defense - determines is appropriate. - (2) XUAR.--The term ``XUAR'' means the Xinjiang Uyghur - Autonomous Region. - -SEC. 1811. TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES. +``2922i. Multiyear contracts: purchase of electricity from renewable + energy sources.''. +SEC. 1880. PART IV HEADING. + (a) Heading.--The heading of part IV of subtitle A of title 10, +United States Code, is amended to read as follows: - (a) Plan Required.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of Defense, in - coordination with the Secretary of State, shall submit to the - congressional defense committees a plan to establish a - Department of Defense Regional Center for Security Studies for - the Arctic. - (2) Elements.--The plan required by paragraph (1) shall - include the following: - (A) A description of the benefits of establishing - such a center, including the manner in which the - establishment of such a center would benefit United - States and Department interests in the Arctic region. - (B) A description of the mission and purpose of - such a center, including specific policy guidance from - the Office of the Secretary of Defense. - (C) An analysis of suitable reporting relationships - with the applicable combatant commands. - (D) An assessment of suitable locations for such a - center that are-- - (i) in proximity to other academic - institutions that study security implications - with respect to the Arctic region; - (ii) in proximity to the designated lead - for Arctic affairs of the United States - Northern Command; - (iii) in proximity to a central hub of - assigned Arctic-focused Armed Forces so as to - suitably advance relevant professional - development of skills unique to the Arctic - region; and - (iv) in a State located outside the - contiguous United States. - (E) A description of the establishment and - operational costs of such a center, including for-- - (i) military construction for required - facilities; - (ii) facility renovation; - (iii) personnel costs for faculty and - staff; and - (iv) other costs the Secretary considers - appropriate. - (F) An evaluation of the existing infrastructure, - resources, and personnel available at military - installations and at universities and other academic - institutions hat could reduce the costs described in - accordance with subparagraph (E). - (G) An examination of partnership opportunities - with United States allies and partners for potential - collaboration and burden sharing. - (H) A description of potential courses and programs - that such a center could carry out, including-- - (i) core, specialized, and advanced - courses; - (ii) potential planning workshops; - (iii) seminars; - (iv) confidence-building initiatives; and - (v) academic research. - (I) A description of any modification to title 10, - United States Code, necessary for the effective - operation of such a center. - (3) Form.--The plan required by paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. - (b) Establishment.-- - (1) In general.--Not earlier than 30 days after the - submittal of the plan required by subsection (a), and subject - to the availability of appropriations, the Secretary of Defense - may establish and administer a Department of Defense Regional - Center for Security Studies for the Arctic, to be known as the - ``Ted Stevens Center for Arctic Security Studies'', for the - purpose described in section 342(a) of title 10, United States - Code. - (2) Location.--The Ted Stevens Center for Arctic Security - Studies may be located-- - (A) in proximity to other academic institutions - that study security implications with respect to the - Arctic region; - (B) in proximity to the designated lead for Arctic - affairs of the United States Northern Command; and - (C) in proximity to a central hub of assigned - Arctic-focused Armed Forces so as to suitably advance - relevant professional development of skills unique to - the Arctic region. - -SEC. 1812. PAYMENTS FOR PRIVATE EDUCATION LOAN BORROWERS, AS A RESULT - OF COVID-19. - - (a) Relief for Covered Borrowers as a Result of the COVID-19 -National Emergency.-- - (1) Student loan relief as a result of the covid-19 - national emergency.--The Secretary of the Treasury shall carry - out a program under which the Secretary shall make payments, on - behalf of a covered borrower, with respect to the private - education loans of such borrower. - (2) Payment amount.--Payments made under paragraph (1) with - respect to a covered borrower shall be in an amount equal to - the lesser of-- - (A) the total amount of each private education loan - of the borrower; or - (B) $10,000. - (3) Notification of borrowers.--Not later than 15 days - following the date of enactment of this subsection, the - Secretary shall notify each covered borrower of-- - (A) the requirements to make payments under this - section; and - (B) the opportunity for such borrower to make an - election under paragraph (4)(A) with respect to the - application of such payments to the private education - loans of such borrower. - (4) Distribution of funding.-- - (A) Election by borrower.--Not later than 45 days - after a notice is sent under paragraph (3), a covered - borrower may elect to apply the payments made under - this subsection with respect to such borrower under - paragraph (1) to any private education loan of the - borrower. - (B) Automatic payment.-- - (i) In general.--In the case of a covered - borrower who does not make an election under - subparagraph (A) before the date described in - such subparagraph, the Secretary shall apply - the amount determined with respect to such - borrower under paragraph (1) in order of the - private education loan of the borrower with the - highest interest rate. - (ii) Equal interest rates.--In case of two - or more private education loans described in - clause (i) with equal interest rates, the - Secretary shall apply the amount determined - with respect to such borrower under paragraph - (1) first to the loan with the highest - principal. - (5) Data to implement.--Holders and servicers of private - education loans made to covered borrowers shall report, to the - satisfaction of the Secretary, the information necessary to - calculate the amount to be paid under this subsection. - (6) Ratable reduction.--To the extent that amounts - appropriated to carry out this section are insufficient to - fully comply with the payments required under paragraph (2), - the Secretary shall distribute available funds by ratably - reducing the amounts required to be paid under such paragraph. - (b) Additional Protections for Covered Borrowers.-- - (1) Loan modification after payment.--Each private - education loan holder who receives a payment pursuant to - subsection (a) shall, before the first payment due on the - private education loan after the receipt of such payment (and - taking into account any suspension of payments that may be - required under any other provision of law), modify the loan, - based on the payment made under subsection (a), to lower - monthly payments due on the loan. Such modification may take - the form of a re-amortization, a lowering of the applicable - interest rate, or any other modification that would lower such - payments. - (2) Repayment plan and forgiveness terms.--Each private - education loan holder who receives a payment pursuant to - subsection (a) shall modify all private education loan - contracts with respect to covered borrowers that it holds to - provide for the same repayment plan and forgiveness terms - available to Direct Loans borrowers under section 685.209(c) of - title 34, Code of Federal Regulations, in effect as of January - 1, 2020. - (3) Treatment of state statutes of limitation.--For a - covered borrower who has defaulted on a private education loan - under the terms of the promissory note prior to any loan - payment made under subsection (a), no payment made under such - subsection shall be considered an event that impacts the - calculation of the applicable State statutes of limitation. - (4) Prohibition on pressuring borrowers.-- - (A) In general.--A private education loan debt - collector or creditor may not pressure a covered - borrower to elect to apply any amount received pursuant - to subsection (a) to any private education loan. - (B) Violations.--A violation of this paragraph is - deemed-- - (i) an unfair, deceptive, or abusive act or - practice under Federal law in connection with - any transaction with a consumer for a consumer - financial product or service under section 1031 - of the Consumer Financial Protection Act of - 2010 (12 U.S.C. 5531); and - (ii) with respect to a violation by a debt - collector, an unfair or unconscionable means to - collect or attempt to collect any debt under - section 808 of the Federal Debt Collection - Practices Act (15 U.S.C. 1692f). - (C) Pressure defined.--In this paragraph, the term - ``pressure'' means any communication, recommendation, - or other similar communication, other than providing - basic information about a borrower's options, urging a - borrower to make an election described under subsection - (a). - (c) Definitions.--In this section: - (1) Covered borrower.--The term ``covered borrower'' means - a borrower of a private education loan. - (2) Fair debt collection practices act terms.--The terms - ``creditor'' and ``debt collector'' have the meaning given - those terms, respectively, under section 803 of the Fair Debt - Collection Practices Act (15 U.S.C. 1692a). - (3) Private education loan.--The term ``private education - loan'' has the meaning given the term in section 140 of the - Truth in Lending Act (15 U.S.C. 1650). - (4) Secretary.--The term ``Secretary'' means the Secretary - of the Treasury. - - Subtitle F--Semiconductor Manufacturing Incentives - -SEC. 1821. SEMICONDUCTOR INCENTIVE GRANTS. + ``PART IV--SERVICE, SUPPLY, AND PROPERTY''. - (a) Definitions.--In this section-- - (1) the term ``appropriate committees of Congress'' means-- - (A) the Select Committee on Intelligence, the - Committee on Commerce, Science, and Transportation, the - Committee on Foreign Relations, the Committee on Armed - Services, the Committee on Appropriations, the - Committee on Banking, Housing, and Urban Affairs, and - the Committee on Homeland Security and Governmental - Affairs of the Senate; and - (B) the Permanent Select Committee on Intelligence, - the Committee on Energy and Commerce, the Committee on - Foreign Affairs, the Committee on Armed Services, the - Committee on Science, Space, and Technology, the - Committee on Appropriations, the Committee on Financial - Services, and the Committee on Homeland Security of the - House of Representatives; - (2) the term ``covered entity'' means a private entity, a - consortium of private entities, or a consortium of public and - private entities with a demonstrated ability to construct, - expand, or modernize a facility relating to the fabrication, - assembly, testing, advanced packaging, or advanced research and - development of semiconductors; - (3) the term ``covered incentive'' means an incentive - offered by a governmental entity to a covered entity for the - purposes of constructing within the jurisdiction of the - governmental entity, or expanding or modernizing an existing - facility within that jurisdiction, a facility described in - paragraph (2); - (4) the term ``governmental entity'' means a State or local - government; - (5) the term ``Secretary'' means the Secretary of Commerce; - and - (6) the term ``semiconductor'' has the meaning given the - term by the Secretary. - (b) Grant Program.-- - (1) In general.--The Secretary shall establish in the - Department of Commerce a program that, in accordance with the - requirements of this section, provides grants to covered - entities to incentivize investment of semiconductor fabrication - facilities, or assembly, testing, advanced packaging, or - advanced research and development of semiconductors in the - United States. - (2) Procedure.-- - (A) In general.--A covered entity shall submit to - the Secretary an application that describes the project - for which the covered entity is seeking a grant under - this section. - (B) Eligibility.--In order for a covered entity to - qualify for a grant under this section, the covered - entity shall demonstrate to the Secretary, in the - application submitted by the covered entity under - subparagraph (A), that-- - (i) the covered entity has a documented - interest in constructing, expanding, or - modernizing a facility described in subsection - (a)(2); and - (ii) with respect to the project described - in clause (i), the covered entity has-- - (I) been offered a covered - incentive; - (II) made commitments to worker and - community investment, including - through-- - (aa) training and education - benefits paid by the covered - entity; and - (bb) programs to expand - employment opportunity for - economically disadvantaged - individuals; and - (III) secured commitments from - regional educational and training - entities and institutions of higher - education to provide workforce - training, including programming for - training and job placement of - economically disadvantaged individuals. - (C) Considerations for review.--With respect to the - review by the Secretary of an application submitted by - a covered entity under subparagraph (A)-- - (i) the Secretary may not approve the - application unless the Secretary-- - (I) confirms that the covered - entity has satisfied the eligibility - criteria under subparagraph (B); - (II) determines that the project to - which the application relates is in the - interest of the United States; and - (III) has notified the appropriate - committees of congress 15 days before - making any commitment to provide a - grant to any covered entity that - exceeds $10,000,000; and - (ii) the Secretary may consider whether-- - (I) the covered entity has - previously received a grant made under - this subsection; - (II) the governmental entity - offering the applicable covered - incentive has benefitted from a grant - previously made under this subsection; - and - (III) to the extent practicable, - the covered entity is considered a - small business concern, as defined - under section 3 of the Small Business - Act (15 U.S.C. 632), notwithstanding - section 121.103 of title 13, Code of - Federal Regulations. - (3) Amount.--The Secretary shall not award more than - $3,000,000,000 to a covered entity under this subsection. - (4) Use of funds.--A covered entity that receives a grant - under this subsection may only use the grant amounts to-- - (A) finance the construction, expansion, or - modernization of a facility described in subsection - (a)(2), as documented in the application submitted by - the covered entity under paragraph (2)(A), or for - similar uses in state of practice and legacy - facilities, as determined necessary by the Secretary - for purposes relating to the national security and - economic competitiveness of the United States; - (B) support workforce development for the facility - described in subparagraph (A); or - (C) support site development for the facility - described in subparagraph (A). - (5) Clawback.-- - (A) The Secretary shall recover the full amount - with interest of a grant provided to a covered entity - under this subsection if-- - (i) as of the date that is 5 years after - the date on which the Secretary makes the - grant, the project to which the grant relates - has not been completed, except that the - Secretary may issue a waiver with respect to - the requirement under this subparagraph if the - Secretary determines that issuing such a waiver - is appropriate and in the interests of the - United States; or - (ii) during the applicable term with - respect to the grant, the covered entity - engages in any joint research or technology - licensing effort-- - (I) with the Government of the - People's Republic of China, the - Government of the Russian Federation, - the Government of Iran, the Government - of North Korea, or other foreign entity - of concern; and - (II) that relates to a sensitive - technology or product, as determined by - the Secretary; and - (B) the Secretary shall recover up to the full - amount with interest of a grant provided to a covered - entity if the Secretary determines that commitments - required under paragraph (2) have not been fully - implemented, except that the Secretary may issue a - waiver with respect to the requirement under this - subparagraph if the Secretary determines that issuing - such a waiver is appropriate and in the interests of - the United States. - (c) Consultation and Coordination Required.--In carrying out the -program established under subsection (b), the Secretary shall consult -and coordinate with the Secretary of State and the Secretary of -Defense. - (d) Inspector General Reviews.--The Inspector General of the -Department of Commerce shall-- - (1) not later than 2 years after the date of enactment of - this Act, and biennially thereafter until the date that is 10 - years after that date of enactment, conduct a review of the - program established under subsection (b), which shall include, - at a minimum-- - (A) a determination of the number of instances in - which grants were provided under that subsection during - the period covered by the review in violation of a - requirement of this section; - (B) an evaluation of how-- - (i) the program is being carried out, - including how recipients of grants are being - selected under the program; and - (ii) other Federal programs are leveraged - for manufacturing, research, and training to - complement the grants awarded under the - program; and - (C) a description of the outcomes of projects - supported by grants made under the program, including a - description of-- - (i) facilities described in subsection - (a)(2) that were constructed, expanded, or - modernized as a result of grants made under the - program; - (ii) research and development carried out - with grants made under the program; and - (iii) workforce training programs carried - out with grants made under the program, - including efforts to hire individuals from - disadvantaged populations; and - (2) submit to the appropriate committees of Congress the - results of each review conducted under paragraph (1). - -SEC. 1822. DEPARTMENT OF COMMERCE STUDY ON STATUS OF SEMICONDUCTORS - TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE. - - (a) In General.--Commencing not later than 120 days after the date -of the enactment of this Act, the Secretary of Commerce and the -Secretary of Homeland Security, in consultation with the Secretary of -Defense and the heads of other appropriate Federal departments and -agencies, shall undertake a review, which shall include a survey, using -authorities in section 705 of the Defense Production Act (50 U.S.C. -4555), to assess the capabilities of the United States industrial base -to support the national defense in light of the global nature of the -supply chain and significant interdependencies between the United -States industrial base and the industrial base of foreign countries -with respect to the manufacture, design, and end use of semiconductors. - (b) Response to Survey.--The Secretary shall ensure compliance with -the survey from among all relevant potential respondents, including the -following: - (1) Corporations, partnerships, associations, or any other - organized groups domiciled and with substantial operations in - the United States. - (2) Corporations, partnerships, associations, or any other - organized groups domiciled in the United States with operations - outside the United States. - (3) Foreign domiciled corporations, partnerships, - associations, or any other organized groups with substantial - operations or business presence in, or substantial revenues - derived from, the United States. - (c) Information Requested.--The information sought from a -responding entity pursuant to the survey required by subsection (a) -shall include, at minimum, information on the following with respect to -the manufacture, design, or end use of semiconductors by such entity: - (1) An identification of the geographic scope of - operations. - (2) Information on relevant cost structures. - (3) An identification of types of semiconductors - development, manufacture, assembly, test, and packaging - equipment in operation at such entity. - (4) An identification of all relevant intellectual - property, raw materials, and semi-finished goods and components - sourced domestically and abroad by such entity. - (5) Specifications of the semiconductors manufactured or - designed by such entity, descriptions of the end-uses of such - semiconductors, and a description of any technical support - provided to end-users of such semiconductors by such entity. - (6) Information on domestic and export market sales by such - entity. - (7) Information on the financial performance, including - income and expenditures, of such entity. - (8) A list of all foreign and domestic subsidies, and any - other financial incentives, received by such entity in each - market in which such entity operates. - (9) A list of regulatory or other informational requests - about the entities' operations, sales, or other proprietary - information by the Government of the People's Republic of - China, entities under its direction or officials of the CCP, a - description of the nature of the request, and the type of - information provided. - (10) Information on any joint ventures, technology - licensing agreements, and cooperative research or production - arrangements of such entity. - (11) A description of efforts by such entity to evaluate - and control supply chain risks it faces. - (12) A list and description of any sales, licensing - agreements, or partnerships between such entity and the - People's Liberation Army or People's Armed Police, including - any business relationships with entities through which such - sales, licensing agreements, or partnerships may occur. - (d) Report.-- - (1) In general.--The Secretary of Commerce shall, in - consultation with the Secretary of Defense, the Secretary of - Homeland Security, and the heads of other appropriate Federal - departments and agencies, submit to Congress a report on the - results of the review required by subsection (a). The report - shall include the following: - (A) An assessment of the results of the survey. - (B) A list of critical technology areas impacted by - potential disruptions in production of semiconductors, - and a detailed description and assessment of the impact - of such potential disruptions on such areas. - (C) A description and assessment of gaps and - vulnerabilities in the semiconductors supply chain and - the national industrial supply base. - (2) Form.--The report required by paragraph (1) may be - submitted appropriate committees of Congress in classified - form. - -SEC. 1823. FUNDING FOR DEVELOPMENT AND ADOPTION OF SECURE SEMICONDUCTOR - AND SECURE SEMICONDUCTOR SUPPLY CHAINS. - - (a) Multilateral Semiconductor Security Fund.-- - (1) Establishment of fund.--There is established in the - Treasury of the United States a trust fund, to be known as the - ``Multilateral Semiconductor Security Fund'' (in this section - referred to as the ``Fund''), consisting of any appropriated - funds credited to the Fund. - (2) Purpose.--The purpose of the Fund shall be to work with - and support a variety of stakeholders, including governments, - businesses, academia, and civil society, and allies or partner - nations who are members of the Fund and are critical to the - global semiconductor supply chain in order to build safe and - secure semiconductor supply chains outside of and devoid of - entities from countries subject to a United States embargo. - Considerations for building safe and secure semiconductor - supply chains include, but are not limited to-- - (A) relevant semiconductor designs; - (B) chemicals and materials relevant to the - semiconductor industry; - (C) semiconductor design tools; - (D) semiconductor manufacturing equipment; and - (E) basic and applied semiconductor research - capability. - (3) Restriction of use of funds.-- - (A) Availability contingent on international - agreement.--Amounts in the Fund shall be available to - the Secretary of State, subject to appropriation, on - and after the date on which the Secretary enters into - an agreement with at least 5 other governments of - countries that are allies or partners of the United - States that are critical to the global semiconductor - supply chain to participate in the common funding - mechanism under subsection (b)(1) and the commitments - described in paragraph (2) of that subsection. - (B) Limitation.--At no point during fiscal years - 2021 through 2030 shall a United States contribution - cause the cumulative total of United States - contributions to exceed 33 percent of the total - contributions to the Fund from all sources. - (C) Notification.--The Secretary of State shall - notify the appropriate congressional committees not - later than 15 days in advance of making a contribution - to the Fund, including-- - (i) the amount of the proposed - contribution; - (ii) the total of funds contributed by - other donors; and - (iii) the national interests served by - United States participation in the Fund. - (D) Withholdings.-- - (i) Support for acts of international - terrorism.--If at any time the Secretary of - State determines that the Fund has provided - assistance to a country, the government of - which the Secretary of State has determined, - for purposes of section 620A of the Foreign - Assistance Act of 1961 (22 U.S.C. 2371) has - repeatedly provided support for acts of - international terrorism, the United States - shall immediately withhold contributions to the - Fund and cease participating in Fund - activities. - (ii) Support for embargoed countries.--If - at any time the Secretary of State determines - that the Fund, or any investments made by the - fund, has supported the semiconductor supply - chain of or an entity with a substantial nexus - to the semiconductor supply chain of a country - under a United States embargo, the United - States shall immediately withhold contributions - and no longer make any contributions until it - certifies that non-market economies do not - stand to benefit from investments made from the - Fund. - (iii) Excessive salaries.--If at any time - during any of the fiscal years 2021 through - 2025, the Secretary of State determines that - the salary of any individual employed by the - Fund exceeds the salary of the Vice President - of the United States for that fiscal year, then - the United States should withhold from its - contribution for the next fiscal year an amount - equal to the aggregate amount by which the - salary of each such individual exceeds the - salary of the Vice President of the United - States. - (4) Ensuring permanent member status.--If at any time the - Secretary of State certifies that the United States does not - have a permanent representative to the Board of Trustees as - established in paragraph (6), the Secretary shall withhold - contributions to the Fund until the Secretary certifies that - the United States is given a permanent seat. - (5) Composition.-- - (A) In general.--The Fund should be governed by a - Board of Trustees, to be composed of representatives of - participating allies and partners that are donors or - participants in the Fund. The Board of Trustees should - include-- - (i) 5 permanent member countries, who - qualify based upon meeting an established - initial contribution threshold, whose - contributions should cumulatively be not less - than 50 percent of total contributions, and who - should hold veto power over programs and - projects; and - (ii) 5 term members, as appropriate, who - are selected by the permanent members on the - basis of their commitment to building a free - secure semiconductor supply chain. - (B) Qualifications.--Individuals appointed to the - Board shall have demonstrated knowledge and experience - in the fields of semiconductors, semiconductor - manufacturing, and supply chain management. - (C) United states representation.-- - (i) In general.-- - (I) Founding permanent member.--The - Secretary of State shall seek to - establish the United States as a - founding permanent member of the Fund. - (II) Coordinator of united states - government activities to advance - semiconductor supply chain security.-- - The Secretary of State shall appoint an - individual qualified as according to - subparagraph (B) of this subsection to - represent the United States on the - Board of Trustees. - (ii) Effective and termination dates.-- - (I) Effective date.--This paragraph - shall take effect upon the date the - Secretary of State, in coordination - with the Secretary of the Treasury, - certifies and transmits to Congress an - agreement establishing the Fund. - (II) Termination date.--The - membership established pursuant to - clause (i) shall terminate upon the - date of termination of the Fund. - (D) Removal procedures.--The Fund shall establish - procedures for the removal of member donors of the - Board who do not abide by the Fund's core objectives as - defined in paragraph (4) of this section. - (6) Availability of amounts.-- - (A) In general.--Amounts in the Fund shall remain - available through the end of the 10th fiscal year - beginning after the date of the enactment of this Act. - (B) Remainder to treasury.--Any amounts remaining - in the Fund after the end of the fiscal year described - in subparagraph (A) shall be deposited in the general - fund of the Treasury. - (b) Common Funding Mechanism for Development and Adoption of Secure -Semiconductor and Secure Semiconductor Supply Chains.-- - (1) In general.--The Secretary of State, in consultation - with the Secretary of Commerce, Secretary of Energy, the - Secretary of Defense, the Secretary of Homeland Security, the - Secretary of the Treasury, and the Director of National - Intelligence, shall seek to establish a common funding - mechanism, in coordination with the governments of countries - that are Members of the Fund, that uses amounts from the Fund, - and amounts committed by such governments, to support those - efforts described in subsection (a). - (2) Mutual commitments.--The Secretary of State, in - consultation with the United States Trade Representative, the - Secretary of Treasury, and the Secretary of Commerce, shall - seek to negotiate a set of mutual commitments with the - governments of countries that are Members of the Fund upon - which to condition any expenditure of funds pursuant to the - common funding mechanism described in paragraph (1). Such - commitments shall, at a minimum-- - (A) develop common policies for the protection of - basic and applied research in both academic and - commercial settings; - (B) develop common reporting requirements for - researchers participating in talents programs of - countries subject to a United States arms embargo; - (C) establish substantially similar if not - identical export controls licensing requirements for - all segments of the semiconductor supply chain; - (D) establish substantially similar if not - identical policies for inbound investment from entities - with a substantial nexus to countries subject to an - embargo in all segments of the semiconductor supply - chain; - (E) establish harmonized treatment of - semiconductors and verification processes for the - importation of semiconductors or items incorporating - semiconductors from embargoed countries; - (F) establish common policies on protecting - knowledge, know-how, and personnel from migrating to - embargoed countries or taking employment with entities - with a substantial nexus to these countries; - (G) develop common policies, including disclosure - requirements and restrictions, on outbound investments, - including index funds, into entities that support or - contribute to the development of the semiconductor - industry in countries subject to an embargo; - (H) establish transparency requirements for any - subsidies or other financial benefits (including - revenue foregone) provided to semiconductor firms - located in or outside such countries; - (I) establish consistent policies with respect to - countries that-- - (i) are not participating in the common - funding mechanism; and - (ii) do not meet transparency requirements - established under subparagraph (H); - (J) promote harmonized treatment of semiconductor - and verification processes for items being exported to - a country considered a national security risk by a - country participating in the common funding mechanism; - (K) establish a consistent policies and common - external policies to address nonmarket economies as the - behavior of such countries pertains to semiconductor; - and - (L) align policies on supply chain integrity and - semiconductor security. - (3) Annual report to congress.--Not later than 1 year after - the date of the enactment of this Act, and annually thereafter - for each fiscal year during which amounts in the Fund are - available under subsection (a), the Secretary of State shall - submit to Congress a report on the status of the implementation - of this section that includes a description of-- - (A) any commitments made by the governments of - countries that are partners of the United States to - providing funding for the common funding mechanism - described in subsection (b)(1) and the specific amount - so committed; - (B) the criteria established for expenditure of - funds through the common funding mechanism; - (C) how, and to whom, amounts have been expended - from the Fund; - (D) amounts remaining in the Fund; - (E) the progress of the Secretary of State toward - entering into an agreement with the governments of - countries that are partners of the United States to - participate in the common funding mechanism and the - commitments described in subsection (b)(2); and - (F) any additional authorities needed to enhance - the effectiveness of the Fund in achieving the security - goals of the United States. - (4) Gao report on trust fund effectiveness.--Not later than - 2 years after the date that the Fund is formally established, - the Comptroller General of the United States shall submit to - the appropriate congressional committees a report evaluating - the effectiveness of the Fund, including-- - (A) the effectiveness of the programs, projects, - and activities supported by the Fund; and - (B) an assessment of the merits of continued United - States participation in the Fund. + (b) Table of Chapters.--The item relating to the heading of part IV +in the table of chapters at the beginning of subtitle A of such title +is amended to read as follows: -SEC. 1824. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN. +``Part IV--Service, Supply, and Property''. +SEC. 1881. REPEAL OF CHAPTERS 137, 139, 144, AND 148. + (a) Repeal.--Chapters 137, 139, 144, and 148 of title 10, United +States Code, are repealed. + (b) Table of Chapters.--The tables of chapters at the beginning of +subtitle A, and at the beginning of part IV of subtitle A, of such +title are amended by striking the items relating to chapters 137, 139, +144, and 148. +SEC. 1882. REVISION OF CHAPTER 141. + (a) Chapter Heading.-- + (1) The heading of chapter 141 of title 10, United States Code, + is amended to read as follows: - (a) Appropriate Committees of Congress.--In this section, the term -``appropriate committees of Congress'' means-- - (1) the Committee on Intelligence, the Committee on - Commerce, Science, and Transportation, the Committee on Foreign - Relations, the Committee on Armed Services, the Committee on - Energy and Natural Resources, the Committee on Appropriations, - the Committee on Banking, Housing, and Urban Affairs, the - Committee on Health, Education, Labor, and Pensions and the - Committee on Homeland Security and Governmental Affairs of the - Senate; and - (2) the Permanent Select Committee on Intelligence, the - Committee on Energy and Commerce, the Committee on Foreign - Affairs, the Committee on Armed Services, the Committee on - Science, Space, and Technology, the Committee on Financial - Services, the Committee on Education and Labor and the - Committee on Homeland Security of the House of Representatives. - (b) Sense of Congress.--It is the sense of Congress that the -leadership of the United States in semiconductor technology and -innovation is critical to the economic growth and national security of -the United States. - (c) Subcommittee on Semiconductor Leadership.-- - (1) Establishment required.--The President shall establish - in the National Science and Technology Council a subcommittee - on matters relating to leadership of the United States in - semiconductor technology and innovation. - (2) Duties.--The duties of the subcommittee established - under paragraph (1) are as follows: - (A) National strategy on semiconductor research.-- - (i) Development.--In coordination with the - Secretary of Defense, the Secretary of Energy, - the Secretary of State, the Secretary of - Commerce, the Secretary of Homeland Security, - the Secretary of Labor, the Director of the - National Science Foundation, and the Director - of the National Institute of Standards and - Technology and in consultation with the - semiconductor industry and academia, develop a - national strategy on semiconductor research, - development, manufacturing, and supply chain - security, including guidance for the funding of - research, and strengthening of the domestic - semiconductors workforce. - (ii) Reporting and updates.--Not less - frequently than once every 5 years, to update - the strategy developed under clause (i) and to - submit the revised strategy to the appropriate - committees of Congress. - (iii) Implementation.--In coordination with - the Secretary of Defense, the Secretary of - Energy, the Secretary of State, the Secretary - of Commerce, the Secretary of Homeland - Security, the Director of the National Science - Foundation, and the Director of the National - Institute of Standards and Technology, on an - annual basis coordinate and recommend each - agency's semiconductor related research and - development programs and budgets to ensure - consistency with the National Semiconductor - Strategy. - (B) Fostering coordination of research and - development.--To foster the coordination of - semiconductor research and development. - (3) Sunset.--The subcommittee established under paragraph - (1) shall terminate on the date that is 10 years after the date - of enactment of this Act. - (d) Industrial Advisory Committee.--The President shall establish a -standing subcommittee of the President's Council of Advisors on Science -and Technology to advise the United States Government on matters -relating to semiconductors policy. - (e) National Semiconductor Technology Center.-- - (1) Establishment.--The Secretary of Commerce shall - establish a national semiconductor technology center to conduct - research and prototyping of advanced semiconductor technology - to strengthen the economic competitiveness and security of the - domestic supply chain, which will be operated as a public - private-sector consortium with participation from the private - sector, the Department of Defense, the Department of Energy, - the Department of Homeland Security, the National Science - Foundation, and the National Institute of Standards and - Technology. - (2) Functions.--The functions of the center established - under paragraph (1) shall be as follows: - (A) To conduct advanced semiconductor - manufacturing, design research, and prototyping that - strengthens the entire domestic ecosystem and is - aligned with the National Strategy on Semiconductor - Research. - (B) To establish a National Advanced Packaging - Manufacturing Program led by the National Institute of - Standards and Technology, in coordination with the - Center, to strengthen semiconductor advanced test, - assembly, and packaging capability in the domestic - ecosystem, and which shall coordinate with the - Manufacturing USA institute established under paragraph - (4). - (C) To establish an investment fund, in partnership - with the private sector, to support startups in the - domestic semiconductor ecosystem. - (D) To establish a Semiconductor Manufacturing - Program through the Director of the National Institute - of Standards and Technology to enable advances and - breakthroughs in measurement science, standards, - material characterization, instrumentation, testing, - and manufacturing capabilities that will accelerate the - underlying research and development for metrology of - next generation semiconductors and ensure the - competitiveness and leadership of the United States - within this sector. - (E) To work with the Secretary of Labor, the - private sector, educational institutions, and workforce - training entities to develop workforce training - programs and apprenticeships in advanced semiconductor - packaging capabilities. - (3) Components.--The fund established under paragraph - (2)(C) shall cover the following: - (A) Advanced metrology and characterization for - manufacturing of microchips using 3 nanometer - transistor processes or more advanced processes. - (B) Metrology for security and supply chain - verification. - (4) Creation of a manufacturing usa institute.--The fund - established under paragraph (2)(C) may also cover the creation - of a Manufacturing USA institute described in section 34(d) of - the National Institute of Standards and Technology Act (15 - U.S.C. 278s(d)) that is focused on semiconductor manufacturing. - Such institute may emphasize the following: - (A) Research to support the virtualization and - automation of maintenance of semiconductor machinery. - (B) Development of new advanced test, assembly and - packaging capabilities. - (C) Developing and deploying educational and skills - training curricula needed to support the industry - sector and ensure the United States can build and - maintain a trusted and predictable talent pipeline. - (f) Authorizations of Appropriations.-- - (1) National semiconductor technology center.-- - (A) In general.--There is authorized to be - appropriated to carry out subsection (e), $914,000,000 - for fiscal year 2021-- - (i) of which, $300,000,000 shall be - available to carry out subsection (e)(2)(A); - (ii) of which, $500,000,000 shall be - available to carry out subsection (e)(2)(B); - (iii) of which, $50,000,000 shall be - available to carry out subsection (e)(2)(C); - (iv) of which, $50,000,000 shall be - available to carry out subsection (e)(2)(D)-- - (I) of which, $2,000,000 shall be - available for each of fiscal year 2021 - to carry out subsection (e)(3)(A); - (II) of which, $2,000,000 shall be - available for fiscal years 2021 o carry - out subsection (e)(3)(B); and - (III) of which, $5,000,000 shall be - available for fiscal year 2021 to carry - out subsection (e)(4); and - (v) of which, $14,000,000 shall be - available to carry out subsection (e)(2)(E). - (2) Semiconductor research at national science - foundation.--There is authorized to be appropriated to carry - out programs at the National Science Foundation on - semiconductor research in alignment with the National Strategy - on Semiconductor Research, $300,000,000 for fiscal year 2021. - (3) Semiconductors research at the national institute of - standards and technology.--There is authorized to be - appropriated to carry out semiconductors research at the - National Institute of Standards and Technology $50,000,000 for - fiscal year 2021. - (g) Supplement, Not Supplant.--The amounts authorized to be -appropriated under paragraphs (1) through (3) of subsection (f) shall -supplement and not supplant amounts already appropriated to carry out -the purposes described in such paragraphs. - (h) Domestic Production Requirements.--The head of any executive -agency receiving funding under this section shall develop policies to -require domestic production, to the extent possible, for any -intellectual property resulting from semiconductors research and -development conducted as a result of these funds and domestic control -requirements to protect any such intellectual property from foreign -adversaries. + ``PART 141--MISCELLANEOUS PROVISIONS RELATING TO PROPERTY''. -SEC. 1825. PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN. - - (a) Definition.-- - (1) In this subtitle, the term ``foreign entity'' means-- - (A) any person-- - (i) controlled by, or is subject to the - jurisdiction or direction of a foreign - government; - (ii) who acts as an agent, representative, - is an employee of, or acts in any other - capacity at the order, request, or under the - direction or control, of a foreign government; - (iii) whose activities are directly or - indirectly supervised, directed, controlled, - financed, or subsidized in whole or in majority - part by an interest as described in - subparagraph (B) of this subsection; - (iv) who directly or indirectly through any - contract, arrangement, understanding, - relationship, or otherwise, owns 25 percent or - more of the equity interests of an interest as - described in subparagraph (B) of this - subsection, or has significant responsibility - to control, manage, or such an interest; - (v) who is a citizen or resident, wherever - located, of a nation-state controlled by a - foreign government; or - (B) any organization, corporation, partnership or - association-- - (i) organized under the laws of a nation- - state controlled by a foreign government; or - (ii) wherever organized or doing business, - that is owned or controlled by a foreign - government. - (2) In this subtitle, the term ``foreign entity of - concern'' means any foreign entity (as defined by paragraph (1) - of this section)-- - (A) designated as a foreign terrorist organization - by the Secretary of State under section 1189 of title - 8; - (B) included on the list of specially designated - nationals and blocked persons maintained by the Office - of Foreign Assets Control of the Department of the - Treasury; or - (C) alleged by the Attorney General to have been - involved in activities for which a conviction was - obtained under any of the following statutes: - (i) Espionage Act (18 U.S.C. 792 et seq.). - (ii) Section 951 or 1030 of title 18. - (iii) Economic Espionage Act (18 U.S.C. - 1831 et seq.). - (iv) Arms Export Control Act (22 U.S.C. - 2778). - (v) Section 2274, 2275, 2276, 2277, 2278, - or 2284 of title 42. - (vi) Export Control Reform Act (50 U.S.C. - 4801 et seq.). - (vii) International Economic Emergency - Powers Act (50 U.S.C. 1701 et seq.). - (b) Limitation.--None of the funds appropriated pursuant to an -authorization in this subtitle may be provided to a grantee that is -determined to be a foreign entity of concern (as defined by this -subtitle). - - Subtitle G--Biliteracy Education Seal and Teaching Act - -SEC. 1831. SHORT TITLE. - - This subtitle may be cited as the ``Biliteracy Education Seal and -Teaching Act'' or the ``BEST Act''. - -SEC. 1832. FINDINGS. - - Congress finds the following: - (1) The people of the United States celebrate cultural and - linguistic diversity and seek to prepare students with skills - to succeed in the 21st century. - (2) It is fitting to commend the dedication of students who - have achieved proficiency in multiple languages and to - encourage their peers to follow in their footsteps. - (3) The congressionally requested Commission on Language - Learning, in its 2017 report ``America's Languages: Investing - in Language Education for the 21st Century'', notes the - pressing national need for more people of the United States who - are proficient in two or more languages for national security, - economic growth, and the fulfillment of the potential of all - people of the United States. - (4) The Commission on Language Learning also notes the - extensive cognitive, educational, and employment benefits - deriving from biliteracy. - (5) Biliteracy in general correlates with higher graduation - rates, higher grade point averages, higher rates of - matriculation into higher education, and higher earnings for - all students, regardless of background. - (6) The study of America's languages in elementary and - secondary schools should be encouraged because it contributes - to a student's cognitive development and to the national - economy and security. - (7) Recognition of student achievement in language - proficiency will enable institutions of higher education and - employers to readily recognize and acknowledge the valuable - expertise of bilingual students in academia and the workplace. - (8) States such as Utah, Arizona, Washington, and New - Mexico have developed innovative testing methods for languages, - including Native American languages, where no formal - proficiency test currently exists. - (9) The use of proficiency in a government-recognized - official Native American language as the base language for a - Seal of Biliteracy, with proficiency in any additional partner - language demonstrated through tested proficiency, has been - successfully demonstrated in Hawaii. - (10) Students in every State and every school should be - able to benefit from a Seal of Biliteracy program. - -SEC. 1833. DEFINITIONS. + (2) The items relating to such chapter in the table of chapters + at the beginning of subtitle A, and at the beginning of part IV of + subtitle A, of such title are amended to read as follows: - In this subtitle: - (1) ESEA definitions.--The terms ``English learner'', - ``secondary school'', and ``State'' have the meanings given - those terms in section 8101 of the Elementary and Secondary - Education Act of 1965 (20 U.S.C. 7801). - (2) Native american languages.--The term ``Native American - languages'' has the meaning given the term in section 103 of - the Native American Languages Act (25 U.S.C. 2902). - (3) Seal of biliteracy program.--The term ``Seal of - Biliteracy program'' means any program described in section - 1834(a) that is established or improved, and carried out, with - funds received under this subtitle. - (4) Second language.--The term ``second language'' means - any language other than English (or a Native American language, - pursuant to section 1834(a)(2)), including Braille, American - Sign Language, or a Classical language. - (5) Secretary.--The term ``Secretary'' means the Secretary - of Education. - -SEC. 1834. GRANTS FOR STATE SEAL OF BILITERACY PROGRAMS. - - (a) Establishment of Program.-- - (1) In general.--From amounts made available under - subsection (f), the Secretary shall award grants, on a - competitive basis, to States to enable the States to establish - or improve, and carry out, Seal of Biliteracy programs to - recognize student proficiency in speaking, reading, and writing - in both English and a second language. - (2) Inclusion of native american languages.-- - Notwithstanding paragraph (1), each Seal of Biliteracy program - shall contain provisions allowing the use of Native American - languages, including allowing speakers of any Native American - language recognized as official by any American government, - including any Tribal government, to use equivalent proficiency - in speaking, reading, and writing in the Native American - language in lieu of proficiency in speaking, reading, and - writing in English. - (3) Duration.--A grant awarded under this section shall be - for a period of 2 years, and may be renewed at the discretion - of the Secretary. - (4) Renewal.--At the end of a grant term, a State that - receives a grant under this section may reapply for a grant - under this section. - (5) Limitations.--A State shall not receive more than 1 - grant under this section at any time. - (6) Return of unspent grant funds.--Each State that - receives a grant under this section shall return any unspent - grant funds not later than 6 months after the date on which the - term for the grant ends. - (b) Grant Application.--A State that desires a grant under this -section shall submit an application to the Secretary at such time, in -such manner, and containing such information and assurances as the -Secretary may require, including-- - (1) a description of the criteria a student must meet to - demonstrate the proficiency in speaking, reading, and writing - in both languages necessary for the State Seal of Biliteracy - program; - (2) a detailed description of the State's plan-- - (A) to ensure that English learners and former - English learners are included in the State Seal of - Biliteracy program; - (B) to ensure that-- - (i) all languages, including Native - American languages, can be tested for the State - Seal of Biliteracy program; and - (ii) Native American language speakers and - learners are included in the State Seal of - Biliteracy program, including students at - tribally controlled schools and at schools - funded by the Bureau of Indian Education; and - (C) to reach students, including eligible students - described in subsection (c)(2) and English learners, - their parents, and schools with information regarding - the State Seal of Biliteracy program; - (3) an assurance that a student who meets the requirements - under paragraph (1) and subsection (c) receives-- - (A) a permanent seal or other marker on the - student's secondary school diploma or its equivalent; - and - (B) documentation of proficiency on the student's - official academic transcript; and - (4) an assurance that a student is not charged a fee for - providing information under subsection (c)(1). - (c) Student Participation in a Seal of Biliteracy Program.-- - (1) In general.--To participate in a Seal of Biliteracy - program, a student shall provide information to the State that - serves the student at such time, in such manner, and including - such information and assurances as the State may require, - including an assurance that the student has met the criteria - established by the State under subsection (b)(1). - (2) Student eligibility for participation.--A student who - gained proficiency in a second language outside of school may - apply under paragraph (1) to participate in a Seal of - Biliteracy program. - (d) Use of Funds.--Grant funds made available under this section -shall be used for-- - (1) the administrative costs of establishing or improving, - and carrying out, a Seal of Biliteracy program that meets the - requirements of subsection (b); and - (2) public outreach and education about the Seal of - Biliteracy program. - (e) Report.--Not later than 18 months after receiving a grant under -this section, a State shall issue a report to the Secretary describing -the implementation of the Seal of Biliteracy program for which the -State received the grant. - (f) Authorization of Appropriations.--There are authorized to be -appropriated to carry out this section $10,000,000 for each of fiscal -years 2021 through 2025. - - Subtitle H--Accountability for World Bank Loans to China - -SEC. 1841. SHORT TITLE. - - This subtitle may be cited as the ``Accountability for World Bank -Loans to China Act of 2019''. - -SEC. 1842. FINDINGS. - - The Congress finds as follows: - (1) Possessing more than $3,000,000,000,000 in foreign - exchange reserves, the People's Republic of China has devoted - state resources to establish the Asian Infrastructure - Investment Bank, the New Development Bank, and activities under - the Belt and Road Initiative, potentially creating rivals to - the multilateral development banks led by the United States and - its allies. - (2) The International Bank for Reconstruction and - Development (IBRD), the World Bank's primary financing - institution for middle-income countries, ceases to finance - (``graduates'') countries that are able to sustain long-term - development without recourse to Bank resources. - (3) The IBRD examines a country's potential graduation when - the country reaches the Graduation Discussion Income (GDI), - which amounts to a Gross National Income (GNI) per capita of - $6,975. - (4) The World Bank calculates China's GNI per capita as - equivalent to $9,470. - (5) According to the Center for Global Development, China - has received $7,800,000,000 in IBRD commitments since crossing - the GDI threshold in 2016. - -SEC. 1843. UNITED STATES SUPPORT FOR GRADUATION OF CHINA FROM WORLD - BANK ASSISTANCE. - - (a) In General.--The United States Governor of the International -Bank for Reconstruction and Development (IBRD) shall instruct the -United States Executive Director at the IBRD that it is the policy of -the United States to-- - (1) pursue the expeditious graduation of the People's - Republic of China from assistance by the IBRD, consistent with - the lending criteria of the IBRD; and - (2) until the graduation of China from IBRD assistance, - prioritize projects in China that contribute to global public - goods, to the extent practicable. - (b) Sunset.--Subsection (a) shall have no force or effect on or -after the earlier of-- - (1) the date that is 7 years after the date of the - enactment of this Act; or - (2) the date that the Secretary of the Treasury reports to - the Committee on Financial Services of the House of - Representatives and the Committee on Foreign Relations of the - Senate that termination of subsection (a) is important to the - national interest of the United States, with a detailed - explanation of the reasons therefor. +``141. Miscellaneous Provisions Relating to Property.............2381''. -SEC. 1844. ACCOUNTABILITY FOR WORLD BANK LOANS TO THE PEOPLE'S REPUBLIC - OF CHINA. + (b) Consolidation of Remaining Sections of Chapter 141.--Sections +2410r and 2410s of such title are transferred within chapter 141 of +such title to appear (in that order) before section 2389 and are +redesignated as sections 2387 and 2388, respectively. + (c) Table of Sections.--The table of sections at the beginning of +such chapter is amended to read as follows: - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the United States Governor of the International -Bank for Reconstruction and Development (in this section referred to as -the ``IBRD'') shall submit the report described in subsection (b) to -the Committee on Financial Services of the House of Representatives and -the Committee on Foreign Relations of the Senate. - (b) Report Described.--The report described in this subsection -shall include the following: - (1) A detailed description of the efforts of the United - States Governor of the IBRD to enforce the timely graduation of - countries from the IBRD, with a particular focus on the efforts - with regard to the People's Republic of China. - (2) If the People's Republic of China is a member country - of the IBRD, an explanation of any economic or political - factors that have prevented the graduation of the People's - Republic of China from the IBRD. - (3) A discussion of any effects resulting from fungibility - and IBRD lending to China, including the potential for IBRD - lending to allow for funding by the government of the People's - Republic of China of activities that may be inconsistent with - the national interest of the United States. - (4) An action plan to help ensure that the People's - Republic of China graduates from the IBRD within 2 years after - submission of the report, consistent with the lending - eligibility criteria of the IBRD. - (c) Waiver of Requirement That Report Include Action Plan.--The -Secretary of the Treasury may waive the requirement of subsection -(b)(4) on reporting to the Committee on Financial Services of the House -of Representatives and the Committee on Foreign Relations of the Senate -that the waiver is important to the national interest of the United -States, with a detailed explanation of the reasons therefor. - -SEC. 1845. ENSURING DEBT TRANSPARENCY WITH RESPECT TO THE BELT AND ROAD - INITIATIVE. - - Within 180 days after the date of the enactment of this Act, the -Secretary of the Treasury shall, in consultation with the Secretary of -State, submit to the Committee on Financial Services and the Committee -on Foreign Affairs of the House of Representatives and the Committee on -Foreign Relations of the Senate a report (which should be submitted in -unclassified form but may include a classified annex) that includes the -following: - (1) An assessment of the level of indebtedness of countries - receiving assistance through the Belt and Road Initiative that - are also beneficiary countries of the international financial - institutions, including the level and nature of indebtedness to - the People's Republic of China or an entity owned or controlled - by the government of the People's Republic of China. - (2) An analysis of debt management assistance provided by - the World Bank, the International Monetary Fund, and the Office - of Technical Assistance of the Department of the Treasury to - borrowing countries of the Belt and Road Initiative of the - People's Republic of China (or any comparable initiative or - successor initiative of China). - (3) An assessment of the effectiveness of United States - efforts, including bilateral efforts and multilateral efforts, - at the World Bank, the International Monetary Fund, other - international financial institutions and international - organizations to promote debt transparency. - - Subtitle I--Employment Fairness for Taiwan - -SEC. 1851. SHORT TITLE. - - This subtitle may be cited as the ``Employment Fairness for Taiwan -Act of 2020''. - -SEC. 1852. SENSE OF THE CONGRESS. - - It is the sense of the Congress that-- - (1) Taiwan is responsible for remarkable achievements in - economic and democratic development, with its per capita gross - domestic product rising in purchasing power parity terms from - $3,470 in 1980 to more than $55,000 in 2018; - (2) the experience of Taiwan in creating a vibrant and - advanced economy under democratic governance and the rule of - law can inform the work of the international financial - institutions, including through the contributions and insights - of Taiwan nationals; and - (3) Taiwan nationals who seek employment at the - international financial institutions should not be held at a - disadvantage in hiring because the economic success of Taiwan - has rendered it ineligible for financial assistance from such - institutions. - -SEC. 1853. FAIRNESS FOR TAIWAN NATIONALS REGARDING EMPLOYMENT AT - INTERNATIONAL FINANCIAL INSTITUTIONS. - - (a) In General.--The Secretary of the Treasury shall instruct the -United States Executive Director at each international financial -institution to use the voice and vote of the United States to seek to -ensure that Taiwan nationals are not discriminated against in any -employment decision by the institution, including employment through -consulting or part-time opportunities, on the basis of-- - (1) whether they are citizens or nationals of, or holders - of a passport issued by, a member country of, or a state or - other jurisdiction that receives assistance from, the - international financial institution; or - (2) any other consideration that, in the determination of - the Secretary, unfairly disadvantages Taiwan nationals with - respect to employment at the institution. - (b) International Financial Institution Defined.--In this section, -the term ``international financial institution'' has the meaning given -the term in section 1701(c)(2) of the International Financial -Institutions Act. - (c) Waiver Authority.--The Secretary of the Treasury may waive -subsection (a) for not more than 1 year at a time after reporting to -the Committee on Financial Services of the House of Representatives and -the Committee on Foreign Relations of the Senate that providing the -waiver-- - (1) will substantially promote the objective of equitable - treatment for Taiwan nationals at the international financial - institutions; or - (2) is in the national interest of the United States, with - a detailed explanation of the reasons therefor. - (d) Progress Report.--The Chairman of the National Advisory Council -on International Monetary and Financial Policies shall submit to the -committees specified in subsection (c) an annual report, in writing, -that describes the progress made toward advancing the policy described -in subsection (a), and a summary of employment trends with respect to -Taiwan nationals at the international financial institutions. - (e) Sunset.--The preceding provisions of this section shall have no -force or effect beginning with the earlier of-- - (1) the date that is 7 years after the date of the - enactment of this Act; or - (2) the date that the Secretary of the Treasury reports to - the committees specified in subsection (c) that each - international financial institution has adopted the policy - described in subsection (a). +``Sec. +``2385. Arms and ammunition: immunity from taxation. +``2387. Contract working dogs: requirement to transfer animals to 341st + Training Squadron after service life. +``2388. Security clearances for facilities of certain companies. +``2389. Ensuring safety regarding insensitive munitions. +``2390. Prohibition on the sale of certain defense articles from the + stocks of the Department of Defense. +``2391. Military base reuse studies and community planning assistance. +``2396. Advances for payments for compliance with foreign laws, rent in + foreign countries, tuition, public utility services, and pay + and supplies of armed forces of friendly foreign countries.''. +SEC. 1883. REFERENCES. + (a) Definitions.--In this section: + (1) Redesignated section.--The term ``redesignated section'' + means a section of title 10, United States Code, that is + redesignated by this title, as that section is so redesignated. + (2) Source section.--The term ``source section'' means a + section of title 10, United States Code, that is redesignated by + this title, as that section was in effect before the redesignation. + (b) Reference to Source Section.-- + (1) Treatment of reference.--Except as otherwise provided in + this title, a reference to a source section, including a reference + in a regulation, order, or other law, is deemed to refer to the + corresponding redesignated section. + (2) Title 10.--Except as otherwise provided in this title, in + title 10, United States Code, each reference in the text of such + title to a source section is amended by striking such reference and + inserting a reference to the appropriate redesignated section. +SEC. 1884. SAVINGS PROVISIONS. + (a) Regulations, Orders, and Other Administrative Actions.--A +regulation, order, or other administrative action in effect under a +provision of title 10, United States Code, redesignated by this title +continues in effect under the provision as so redesignated. + (b) Actions Taken and Offenses Committed.--An action taken or an +offense committed under a provision of title 10, United States Code, +redesignated by this title is deemed to have been taken or committed +under the provision as so redesignated. +SEC. 1885. RULE OF CONSTRUCTION. + This title, including the amendments made by this title, is +intended only to reorganize title 10, United States Code, and may not +be construed to alter-- + (1) the effect of a provision of title 10, United States Code, + including any authority or requirement therein; + (2) a department or agency interpretation with respect to title + 10, United States Code; or + (3) a judicial interpretation with respect to title 10, United + States Code. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS SEC. 2001. SHORT TITLE. - This division may be cited as the ``Military Construction Authorization Act for Fiscal Year 2021''. - SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE - SPECIFIED BY LAW. - +SPECIFIED BY LAW. (a) Expiration of Authorizations After Three Years.--Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and title XXIX for military construction projects, land @@ -47979,80 +49813,101 @@ acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of-- - (1) October 1, 2023; or - (2) the date of the enactment of an Act authorizing funds - for military construction for fiscal year 2024. + (1) October 1, 2023; or + (2) the date of the enactment of an Act authorizing funds for + military construction for fiscal year 2024. (b) Exception.--Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of-- - (1) October 1, 2023; or - (2) the date of the enactment of an Act authorizing funds - for fiscal year 2024 for military construction projects, land - acquisition, family housing projects and facilities, or - contributions to the North Atlantic Treaty Organization - Security Investment Program. - + (1) October 1, 2023; or + (2) the date of the enactment of an Act authorizing funds for + fiscal year 2024 for military construction projects, land + acquisition, family housing projects and facilities, or + contributions to the North Atlantic Treaty Organization Security + Investment Program. SEC. 2003. EFFECTIVE DATE. - Titles XXI through XXVII and title XXIX shall take effect on the later of-- - (1) October 1, 2020; or - (2) the date of the enactment of this Act. + (1) October 1, 2020; or + (2) the date of the enactment of this Act. TITLE XXI--ARMY MILITARY CONSTRUCTION +Sec. 2101. Authorized Army construction and land acquisition projects. +Sec. 2102. Family housing. +Sec. 2103. Authorization of appropriations, Army. +Sec. 2104. Limitation on military construction project at Kwajalein + Atoll. +Sec. 2105. Modification of authority to carry out fiscal year 2017 + project at Camp Walker, Korea. SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2103(a) and available +for military construction projects inside the United States as +specified in the funding table in section 4601, the Secretary of the +Army may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: - Using amounts appropriated pursuant to the authorization of -appropriations in section 2103(a) and available for military -construction projects inside the United States as specified in the -funding table in section 4601, the Secretary of the Army may acquire -real property and carry out military construction projects for the -installations or locations inside the United States, and in the -amounts, set forth in the following table: + Army: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Alaska......................................... Fort Wainwright............................... $114,000,000 +Arizona........................................ Yuma Proving Ground........................... $14,000,000 +California..................................... Military Ocean Terminal Concord............... $46,000,000 +Colorado....................................... Fort Carson................................... $28,000,000 +Georgia........................................ Fort Gillem................................... $71,000,000 + Fort Gordon................................... $80,000,000 +Hawaii......................................... Aliamanu Military Reservation................. $71,000,000 + Schofield Barracks............................ $39,000,000 + Wheeler Army Airfield......................... $89,000,000 +Louisiana...................................... Fort Polk..................................... $25,000,000 +Oklahoma....................................... McAlester AAP................................. $35,000,000 +South Carolina................................. Fort Jackson.................................. $7,000,000 +Virginia....................................... Humphreys Engineer Center..................... $51,000,000 +---------------------------------------------------------------------------------------------------------------- - Army: Inside the United States ------------------------------------------------------------------------- - State Installation Amount ------------------------------------------------------------------------- -Alaska........................ Fort Wainwright....... $91,500,000 -Arizona....................... Yuma Proving Ground... $14,000,000 -Colorado...................... Fort Carson........... $28,000,000 -Georgia....................... Fort Gillem........... $71,000,000 - Fort Gordon........... $80,000,000 -Hawaii........................ Fort Shafter.......... $26,000,000 - Schofield Barracks.... $39,000,000 - Wheeler Army Air Field $89,000,000 -Louisiana..................... Fort Polk............. $25,000,000 -Oklahoma...................... McAlester Army $35,000,000 - Ammunition Plant..... -Virginia...................... Humphreys Engineer $51,000,000 - Center............... ------------------------------------------------------------------------- -SEC. 2102. FAMILY HOUSING. + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2103(a) and available +for military construction projects outside the United States as +specified in the funding table in section 4601, the Secretary of the +Army may acquire real property and carry out military construction +projects for the installation outside the United States, and in the +amount, set forth in the following table: + + Army: Outside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation Amount +---------------------------------------------------------------------------------------------------------------- +Italy.......................................... Casmera Renato Dal Din........................ $10,200,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2102. FAMILY HOUSING. (a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and -supporting facilities) at the installations, and in the amounts, set -forth in the following table: +supporting facilities) at the installations or locations, in the number +of units, and in the amounts set forth in the following table: Army: Family Housing ---------------------------------------------------------------------------------------------------------------- - State/Country Installation Units Amount + Country Installation or Location Units Amount ---------------------------------------------------------------------------------------------------------------- -Italy................................... Vicenza.................. Family Housing New $84,100,000 - Construction............. -Kwajalein............................... Kwajalein Atoll........... Family Housing Replacement $32,000,000 - Construction............. +Italy.................................. Vicenza.................... Family Housing New $84,100,000 + Construction............ +Kwajalein.............................. Kwajalein Atoll............ Family Housing $32,000,000 + Replacement Construction ---------------------------------------------------------------------------------------------------------------- + (b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table @@ -48060,9 +49915,7 @@ in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,300,000. - SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family @@ -48074,37 +49927,36 @@ Notwithstanding the cost variations authorized by section 2853 of title the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. - SEC. 2104. LIMITATION ON MILITARY CONSTRUCTION PROJECT AT KWAJALEIN - ATOLL. - +ATOLL. The Secretary of the Army may not commence the military -construction project authorized by section 2101(b) at Kwajalein Atoll, +construction project authorized by section 2102(a) at Kwajalein Atoll, as specified in the funding table in section 4601, and none of the funds authorized to be appropriated by this Act for that military construction project may be obligated or expended, until the Secretary submits to Committees on Armed Services of the House of Representatives and the Senate a design plan for the project that ensures that, upon completion of the project, the project will be resilient to 15 inches -of sea level rise and periods of complete inundation and wave-overwash -predicted during the 10-year period beginning on the date of the -enactment of this Act. - -SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2017 PROJECT. - +of sea level fluctuation and periods of complete inundation and wave- +overwash predicted during the 10-year period beginning on the date of +the enactment of this Act. +SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2017 +PROJECT AT CAMP WALKER, KOREA. In the case of the authorization contained in the table in section 2102(a) of the National Defense Authorization Act for Fiscal Year 2017 -(Public Law 114-328; 130 Stat. 2689) for Camp Walker, Korea, for family -housing new construction, as specified in the funding table in section -4601 of such Act (130 Stat. 2883), the Secretary of the Army may -construct an elevated walkway between two existing parking garages to -connect children's playgrounds. +(Public Law 114-328; 130 Stat. 2689) for Camp Walker, Korea, the +Secretary of the Army may construct an elevated walkway between two +existing parking garages to connect children's playgrounds using +amounts available for Family Housing New Construction, as specified in +the funding table in section 4601 of such Act (130 Stat. 2883). TITLE XXII--NAVY MILITARY CONSTRUCTION +Sec. 2201. Authorized Navy construction and land acquisition projects. +Sec. 2202. Family housing and improvements to military family housing + units. +Sec. 2203. Authorization of appropriations, Navy. SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. - (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as @@ -48115,22 +49967,24 @@ and in the amounts, set forth in the following table: Navy: Inside the United States ---------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount + State Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Arizona....................................... Marine Corps Air Station Yuma................... $99,600,000 -California.................................... Marine Corps Base Camp Pendleton................ $68,530,000 - Naval Air Station Lemoore....................... $187,220,000 - Naval Base San Diego............................ $128,500,000 - Marine Corps Air Ground Combat Center Twentynine $76,500,000 - Palms.......................................... -Guam.......................................... Andersen Air Force Base......................... $21,280,000 - Joint Region Marianas........................... $546,550,000 -Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $114,900,000 -Maine......................................... Portsmouth Naval Shipyard....................... $715,000,000 -Nevada........................................ Fallon Range Training Complex................... $29,040,000 -Virginia...................................... Naval Station Norfolk........................... $30,400,000 +California................................... Camp Pendleton................................. $115,530,000 + Lemoore......................................... $187,220,000 + Point Mugu...................................... $26,700,000 + Port Hueneme.................................... $43,500,000 + San Diego....................................... $128,500,000 + Seal Beach...................................... $46,800,000 + Twentynine Palms................................ $76,500,000 +Hawaii....................................... Joint Base Pearl Harbor-Hickam.................. $114,900,000 +Maine........................................ Kittery......................................... $715,000,000 + NCTAMS LANT Detachment Cutler................... $26,100,000 +Nevada....................................... Fallon.......................................... $29,040,000 +North Carolina............................... Cherry Point.................................... $51,900,000 +Virginia..................................... Norfolk......................................... $39,800,000 ---------------------------------------------------------------------------------------------------------------- + (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as @@ -48143,14 +49997,17 @@ and in the amounts, set forth in the following table: ---------------------------------------------------------------------------------------------------------------- Country Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Bahrain Island................................ Naval Support Activity Bahrain.................. $68,340,000 -Greece........................................ Naval Support Activity Souda Bay................ $50,180,000 -Spain......................................... Naval Station Rota.............................. $60,110,000 +Bahrain Island................................ SW Asia......................................... $68,340,000 +El Salvador................................... Comalapa........................................ $28,000,000 +Greece........................................ Souda Bay....................................... $50,180,000 +Guam.......................................... Andersen Air Force Base......................... $21,280,000 + Joint Region Marianas........................... $546,550,000 +Spain......................................... Rota............................................ $60,110,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2202. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING - UNITS. +SEC. 2202. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING +UNITS. (a) Family Housing.--Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in @@ -48165,9 +50022,7 @@ appropriated pursuant to the authorization of appropriations in section specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $37,043,000. - SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family @@ -48182,9 +50037,21 @@ subsection (a), as specified in the funding table in section 4601. TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION +Sec. 2301. Authorized Air Force construction and land acquisition + projects. +Sec. 2302. Family housing and improvements to military family housing + units. +Sec. 2303. Authorization of appropriations, Air Force. +Sec. 2304. Modification of authority to carry out certain fiscal year + 2018 project. +Sec. 2305. Modification of authority to carry out certain fiscal year + 2019 projects. +Sec. 2306. Modification of authority to carry out certain fiscal year + 2020 projects. +Sec. 2307. Technical corrections related to authority to carry out + certain fiscal year 2020 family housing projects. SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION - PROJECTS. - +PROJECTS. (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as @@ -48193,40 +50060,38 @@ Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: - Air Force: Inside the United States ------------------------------------------------------------------------- - Installation or - State Location Amount ------------------------------------------------------------------------- -California................... Edwards Air Force Base $40,000,000 -Guam......................... Joint Region Marianas. $56,000,000 -New Jersey................... Joint Base McGuire-Dix- $22,000,000 - Lakehurst............ -Texas........................ Joint Base San $19,500,000 - Antonio. -Virginia..................... Joint Base Langley- $19,500,000 - Eustis. ------------------------------------------------------------------------- + Air Force: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +California..................................... Edwards Air Force Base...................... $40,000,000 +New Jersey..................................... Joint Base McGuire-Dix-Lakehurst............ $22,000,000 +South Dakota................................... Ellsworth Air Force Base.................... $96,000,000 +Texas.......................................... Joint Base San Antonio...................... $19,500,000 +Utah........................................... Hill Air Force Base......................... $132,000,000 +Virginia....................................... Joint Base Langley-Eustis................... $19,500,000 +---------------------------------------------------------------------------------------------------------------- + (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction -projects for the installation or location outside the United States, -and in the amount, set forth in the following table: +projects for the installations or locations outside the United States, +and in the amounts, set forth in the following table: - Air Force: Outside the United States ------------------------------------------------------------------------- - Installation or - Country Location Amount ------------------------------------------------------------------------- -Qatar......................... Al Udeid............. $26,000,000 ------------------------------------------------------------------------- + Air Force: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Guam........................................... Andersen Air Force Base..................... $56,000,000 +Qatar.......................................... Al Udeid.................................... $26,000,000 +---------------------------------------------------------------------------------------------------------------- -SEC. 2302. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING - UNITS. +SEC. 2302. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY HOUSING +UNITS. (a) Family Housing.--Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in @@ -48241,9 +50106,7 @@ appropriated pursuant to the authorization of appropriations in section specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $94,245,000. - SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family @@ -48255,10 +50118,8 @@ Notwithstanding the cost variations authorized by section 2853 of title the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. - SEC. 2304. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2018 PROJECT. - +2018 PROJECT. (a) Modification of Project Authority.--In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 @@ -48268,144 +50129,181 @@ Facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2004), the Secretary of the Air Force may construct a 2,700 square-meter Consolidated Corrosion Control and Wash Rack Facility. (b) Modification of Project Amounts.-- - (1) Division b table.--The authorization table in section - 2301(b) of the National Defense Authorization Act for Fiscal - Year 2018 (Public Law 115-91; 131 Stat. 1826) is amended in the - item relating to Royal Air Force Lakenheath, United Kingdom, by - striking ``$136,992,000'' and inserting ``$172,292,000'' to - reflect the project modification made by subsection (a). - (2) Division d table.--The funding table in section 4601 of - the National Defense Authorization Act for Fiscal Year 2018 - (Public Law 115-91; 131 Stat. 2004) is amended in the item - relating to Royal Air Force Lakenheath, Consolidated Corrosion - Control Facility, by striking ``$20,000'' in the Conference - Authorized column and inserting ``$55,300'' to reflect the - project modification made by subsection (a). - + (1) Division b table.--The authorization table in section + 2301(b) of the National Defense Authorization Act for Fiscal Year + 2018 (Public Law 115-91; 131 Stat. 1826) is amended in the item + relating to Royal Air Force Lakenheath, United Kingdom, by striking + ``$136,992,000'' and inserting ``$172,292,000'' to reflect the + project modification made by subsection (a). + (2) Division d table.--The funding table in section 4601 of the + National Defense Authorization Act for Fiscal Year 2018 (Public Law + 115-91; 131 Stat. 2004) is amended in the item relating to Royal + Air Force Lakenheath, Consolidated Corrosion Control Facility, by + striking ``$20,000'' in the Conference Authorized column and + inserting ``$55,300'' to reflect the project modification made by + subsection (a). SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2019 PROJECTS. - +2019 PROJECTS. (a) Eielson Air Force Base, Alaska.--In the case of the -authorization contained in the table in section 2301(a) of the National -Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 -Stat. 2246) for Eielson Air Force Base, Alaska, for construction of a -F-35 CATM Range, as specified in the funding table in section 4601 of -such Act (132 Stat. 2404), the Secretary of the Air Force may construct -a 426 square-meter outdoor range with covered and heated firing lines. +authorization contained in the table in section 2301(a) of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232; 132 Stat. 2246) for Eielson Air Force Base, Alaska, for +construction of a F-35 CATM Range, as specified in the funding table in +section 4601 of that Act (132 Stat. 2404), the Secretary of the Air +Force may construct a 600 square meter non-contained (outdoor) range +with covered and heated firing line. (b) Barksdale Air Force Base, Louisiana.-- - (1) Modification of project authority.--In the case of the - authorization contained in table in section 2301(a) of the - National Defense Authorization Act for Fiscal Year 2019 (Public - Law 115-232; 132 Stat. 2246) for Barksdale Air Force Base, - Louisiana, for construction of an Entrance Road and Gate - Complex the Secretary of the Air Force may construct a 190 - square meter visitor control center, 44 square meter gate - house, 124 square meter privately owned vehicle inspection - facility, 338 square meter truck inspection facility and a 45 - square meter gatehouse. - (2) Project conditions.--The military construction project - referred to in paragraph (1) shall be carried out consistent - with the Unified Facilities Criteria relating to Entry Control - Facilities and applicable construction guidelines of the - Department of the Air Force. Construction in a flood plain is - authorized, subject to the condition that the Secretary of the - Air Force include appropriate mitigation measures. - (3) Modification of project amounts.-- - (A) Division b table.--The authorization table in - section 2301(a) of the National Defense Authorization - Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. - 2246) is amended in the item relating to Barksdale Air - Force Base, Louisiana, by striking ``$12,250,000'' and - inserting ``$48,000,000'' to reflect the project - modification made by paragraph (1). - (B) Division d table.--The funding table in section - 4601 of the National Defense Authorization Act for - Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2404) - is amended in the item relating to Barksdale Air Force - Base, Louisiana, by striking ``$12,250'' in the - Conference Authorized column and inserting ``$48,000'' - to reflect the project modification made by paragraph - (1). + (1) Modification of project authority.--In the case of the + authorization contained in table in section 2301(a) of the John S. + McCain National Defense Authorization Act for Fiscal Year 2019 + (Public Law 115-232; 132 Stat. 2246) for Barksdale Air Force Base, + Louisiana, for construction of an Entrance Road and Gate Complex + the Secretary of the Air Force may construct a 190 square meter + visitor control center, 44 square meter gate house, 124 square + meter privately owned vehicle inspection facility, 338 square meter + truck inspection facility and a 45 square meter gatehouse. + (2) Project conditions.--The military construction project + referred to in paragraph (1) shall be carried out consistent with + the Unified Facilities Criteria relating to Entry Control + Facilities and applicable construction guidelines of the Department + of the Air Force. Construction in a flood plain is authorized, + subject to the condition that the Secretary of the Air Force + include appropriate mitigation measures. + (3) Modification of project amounts.-- + (A) Division b table.--The authorization table in section + 2301(a) of the John S. McCain National Defense Authorization + Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2246) + is amended in the item relating to Barksdale Air Force Base, + Louisiana, by striking ``$12,250,000'' and inserting + ``$48,000,000'' to reflect the project modification made by + paragraph (1). + (B) Division d table.--The funding table in section 4601 of + the John S. McCain National Defense Authorization Act for + Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2404) is + amended in the item relating to Barksdale Air Force Base, + Louisiana, by striking ``$12,250'' in the Conference Authorized + column and inserting ``$48,000'' to reflect the project + modification made by paragraph (1). (c) Royal Air Force Lakenheath, United Kingdom.--In the case of the -authorization contained in the table in section 2301(b) of the National -Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 -Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for -construction of a 485 square-meter F-35A ADAL Conventional Munitions -MX, as specified in the funding table of section 4601 of such Act (132 -Stat. 2405), the Secretary of the Air Force may construct a 1,206 -square-meter maintenance facility for such purpose. +authorization contained in the table in section 2301(b) of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232; 132 Stat. 2247) for Royal Air Force Lakenheath, United +Kingdom, for construction of a 485 square-meter F-35A ADAL Conventional +Munitions MX, as specified in the funding table of section 4601 of such +Act (132 Stat. 2405), the Secretary of the Air Force may construct a +1,206 square-meter maintenance facility for such purpose. (d) Force Protection and Safety.--The funding table in section 4601 -of the National Defense Authorization Act for Fiscal Year 2019 (Public -Law 115-232; 132 Stat. 2406) is amended in the item relating to Force -Protection and Safety under Military Construction, Air Force, by -striking ``$35,000'' in the Conference Authorized column and inserting -``$50,000'' to reflect amounts appropriated for such purpose. - +of the John S. McCain National Defense Authorization Act for Fiscal +Year 2019 (Public Law 115-232; 132 Stat. 2406) is amended in the item +relating to Force Protection and Safety under Military Construction, +Air Force, by striking ``$35,000'' in the Conference Authorized column +and inserting ``$50,000'' to reflect amounts appropriated for such +purpose. SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2020 PROJECTS. - +2020 PROJECTS. (a) Tyndall Air Force Base, Florida.--In the case of the authorizations contained in the table in section 2912(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1913) for Tyndall Air Force Base, Florida-- - (1) for construction of an Auxiliary Ground Equipment - Facility, as specified in the funding table in section 4603 of - such Act (133 Stat. 2103), the Secretary of the Air Force may - construct up to 4,770 square meters of aircraft support - equipment storage; - (2) for construction of Dorm Complex Phase 1, as specified - in such funding table, the Secretary of the Air Force may - construct up to 18,770 square meters of visiting quarters; - (3) for construction of Lodging Facilities Phase 1, as - specified in such funding table, the Secretary of the Air Force - may construct up to 12,471 meters of visiting quarters. - (4) for construction of an Operations Group/Maintenance - Group HQ at the installation, as specified in such funding - table, the Secretary of the Air Force may construct up to 3,420 - square meters of headquarters; - (5) for construction of Ops/Aircraft Maintenance Unit/ - Hangar number 2 and Ops/Aircraft Maintenance Unit/Hangar number - 3, as specified in such funding table, the Secretary of the Air - Force may construct 2,127 square meters of squadron operations - and 2,875 square meters of aircraft maintenance unit for each - project; - (6) for construction of a Security Forces Mobility Storage - Facility, as specified in such funding table, the Secretary of - the Air Force may construct up to 930 square meters of - equipment storage; and - (7) for construction of Site Development, Utilities, and - Demolition Phase 2, as specified in such funding table, the - Secretary of the Air Force may construct up to 7,000 meters of - storm water piping, box culverts, underground detention, and - grading for surface detention. + (1) for construction of Auxiliary Ground Equipment Facility, as + specified in the funding table in section 4603 of that Act (133 + Stat. 2103), the Secretary of the Air Force may construct up to + 5,043 square meters of aircraft support equipment storage; + (2) for construction of Ops/Aircraft Maintenance Unit/Hanger + Number 2, as specified in such funding table, the Secretary of the + Air Force may construct-- + (A) up to 2,584 square meters of squadron operations; and + (B) up to 2,880 square meters of aircraft maintenance unit; + (3) for construction of Ops/Aircraft Maintenance Unit/Hanger + Number 3, as specified in such funding table, the Secretary of the + Air Force may construct-- + (A) up to 2,584 square meters of squadron operations; and + (B) up to 2,880 square meters of aircraft maintenance unit; + (4) for construction of Operations Group/Maintenance Group HQ, + as specified in such funding table, the Secretary of the Air Force + may construct up to 3,479 square meters of headquarters; + (5) for construction of Security Forces Mobility Storage + Facility, as specified in such funding table, the Secretary of the + Air Force may construct up to 930 square meters of equipment + storage; + (6) for construction of Site Development, Utilities & Demo + Phase 2, as specified in such funding table, the Secretary of the + Air Force may construct-- + (A) up to 3,039 meters of storm water piping, box culverts, + underground detention, and grading for surface detention; + (B) up to 6,136 meters of water lines; + (C) up to 11,171 meters of communications lines; + (D) up to 48,245 square meters of roads; + (E) up to 25,979 meters of electrical lines; and + (F) up to 618 square meters of pump house facility; + (7) for construction of Lodging Facilities Phases 1-2, as + specified in such funding table, the Secretary of the Air Force may + construct up to 20,361 square meters of visiting quarters; + (8) for construction of Dorm Complex Phases 1-2, as specified + in such funding table, the Secretary of the Air Force may construct + up to 24,792 square meters of permanent party dormitory; + (9) for construction of Tyndall AFB Gate Complex, as specified + in such funding tale, the Secretary of the Air Force may + construct-- + (A) up to 139 square meters of gate houses; + (B) up to 1,747 square meters of canopies; + (C) up to 555 square meters of vehicle inspection ports; + and + (D) 19 each active/passive barriers; + (10) for construction of Aircraft Wash Rack, as specified in + such funding table, the Secretary of the Air Force may construct-- + (A) up to 2,307 square meters of corrosion control; and + (B) up to 1,621 square meters of aircraft wash rack in a + hangar facility; + (11) for construction of Deployment Center/Flight Line Dining/ + AAFES, as specified in such funding table, the Secretary of the Air + Force may construct-- + (A) up to 3,707 square meters of deployment processing + center; and + (B) up to 128 square meters of AAFES (Shoppette); + (12) for construction of Airfield Drainage, as specified in + such funding table, the Secretary of the Air Force may construct up + to 37,357 square meters of drainage ditch; + (13) for construction of 325th Fighter Wing HQ Facility, as + specified in such funding table, the Secretary of the Air Force may + construct-- + (A) up to 3,301 square meters of 325th Fighter Wing HQ + building; and + (B) up to 697 square meters of command post; and + (14) for construction of Community Commons Facility, as + specified in such funding table, the Secretary of the Air Force may + construct-- + (A) up to 1,080 square meters of recreation center; + (B) up to 974 square meters of arts and crafts center; + (C) up to 2,048 square meters of bowling center; and + (D) up to 1,537 square meters of library. (b) Offutt Air Force Base, Nebraska.--In the case of the authorizations contained in the table in section 2912(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1913) for Offutt Air Force Base, Nebraska-- - (1) for construction of an Emergency Power Microgrid, as - specified in the funding table in section 4603 of such Act (133 - Stat. 2104), the Secretary of the Air Force may construct seven - 2.5-megawatt diesel engine generators, seven diesel exhaust - fluid systems, 15-kV switchgear, two import/export inter-ties, - five import-only inter-ties, and 800 square meters of - switchgear facility; - (2) for construction of a Flightline Hangars Campus, as - specified in such funding table, the Secretary of the Air Force - may construct 445 square meter of petroleum operations center, - 268 square meters of de-icing liquid storage, and 173 square - meters of warehouse; and - (3) for construction of a Lake Campus, as specified in such - funding table, the Secretary of the Air Force may construct 240 - square meters of recreation complex and 270 square meters of - storage; - (4) for construction of a Logistics Readiness Squadron - Campus, as specified in such funding table, the Secretary of - the Air Force may construct 2,536 square meters of warehouse; - and - (5) for construction of a Security Campus, as specified in - such funding table, the Secretary of the Air Force may - construct 4,218 square meters of operations center and 1,343 - square meters of military working dog kennel. + (1) for construction of an Emergency Power Microgrid, as + specified in the funding table in section 4603 of such Act (133 + Stat. 2104), the Secretary of the Air Force may construct seven + 2.5-megawatt diesel engine generators, seven diesel exhaust fluid + systems, 15-kV switchgear, two import/export inter-ties, five + import-only inter-ties, and 800 square meters of switchgear + facility; + (2) for construction of a Flightline Hangars Campus, as + specified in such funding table, the Secretary of the Air Force may + construct 445 square meter of petroleum operations center, 268 + square meters of de-icing liquid storage, and 173 square meters of + warehouse; and + (3) for construction of a Lake Campus, as specified in such + funding table, the Secretary of the Air Force may construct 240 + square meters of softball complex and 270 square meters of morale, + welfare, and recreation equipment storage facility; + (4) for construction of a Logistics Readiness Squadron Campus, + as specified in such funding table, the Secretary of the Air Force + may construct 2,536 square meters of warehouse; and + (5) for construction of a Security Campus, as specified in such + funding table, the Secretary of the Air Force may construct 4,218 + square meters of operations center and 1,343 square meters of + military working dog kennel. (c) Joint Base Langley-Eustis, Virginia.--In the case of the authorization contained in the table in section 2912(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 @@ -48413,18 +50311,17 @@ Stat. 1913) for Joint Base Langley-Eustis, Virginia, for construction of a Dormitory at the installation, as specified in the funding table in section 4603 of such Act (133 Stat. 2104), the Secretary of the Air Force may construct up to 6,720 square meters of dormitory. - SEC. 2307. TECHNICAL CORRECTIONS RELATED TO AUTHORITY TO CARRY OUT - CERTAIN FISCAL YEAR 2020 FAMILY HOUSING PROJECTS. - +CERTAIN FISCAL YEAR 2020 FAMILY HOUSING PROJECTS. (a) Authorization of Omitted Spangdahlem Air Base Family Housing Project.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1869) and available for military family housing functions, the Secretary of the -Air Force may carry out the military family housing project at -Spangdahlem Air Base, Germany, as specified in the funding table in -section 4601 of such Act (133 Stat. 2099). +Air Force may carry out the military family housing project to +construct 76 housing units at Spangdahlem Air Base, Germany, as +specified in the funding table in section 4601 of such Act (133 Stat. +2099). (b) Correction of Amount Authorized for Family Housing Improvements.--Section 2303 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1869) is amended by @@ -48435,9 +50332,14 @@ Construction, Air Force. TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION +Sec. 2401. Authorized Defense Agencies construction and land acquisition + projects. +Sec. 2402. Authorized Energy Resilience and Conservation Investment + Program projects. +Sec. 2403. Authorization of appropriations, Defense Agencies. +Sec. 2404. Independent study on Western Emergency Refined Fuel Reserves. SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND - ACQUISITION PROJECTS. - +ACQUISITION PROJECTS. (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as @@ -48446,28 +50348,30 @@ Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: + Defense Agencies: Inside the United States ---------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount + State Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Alabama......................................... Anniston Army Depot........................ $18,000,000 -Alaska.......................................... Fort Greely................................ $48,000,000 -Arizona......................................... Fort Huachuca.............................. $33,728,000 - Marine Corps Air Station Yuma.............. $49,500,000 -California...................................... Beale Air Force Base....................... $22,800,000 -Colorado........................................ Fort Carson................................ $15,600,000 -CONUS Unspecified............................... CONUS Unspecified.......................... $14,400,000 -Florida......................................... Hurlburt Field............................. $83,120,000 -Kentucky........................................ Fort Knox.................................. $69,310,000 -New Mexico...................................... Kirtland Air Force Base.................... $46,600,000 - North Carolina................................. Fort Bragg................................. $113,800,000 -Ohio............................................ Wright-Patterson Air Force Base............ $23,500,000 -Texas........................................... Fort Hood.................................. $32,700,000 -Virginia........................................ Joint Expeditionary Base Little Creek-Story $112,500,000 -Washington...................................... Joint Base Lewis-McChord................... $21,800,000 - Navy Fuel Depot Manchester................. $82,000,000 +Alabama....................................... Anniston Army Depot............................. $18,000,000 +Alaska........................................ Fort Greely..................................... $48,000,000 +Arizona....................................... Fort Huachuca................................... $33,728,000 + Yuma............................................ $49,500,000 +California.................................... Beale Air Force Base............................ $22,800,000 +Colorado...................................... Fort Carson..................................... $15,600,000 +CONUS Unspecified............................. CONUS Unspecified............................... $14,400,000 +Florida....................................... Hurlburt Field.................................. $83,120,000 +Kentucky...................................... Fort Knox....................................... $69,310,000 + New Mexico................................... Kirtland Air Force Base......................... $46,600,000 +North Carolina................................ Fort Bragg...................................... $113,800,000 +Ohio.......................................... Wright-Patterson Air Force Base................. $23,500,000 +Texas......................................... Fort Hood....................................... $32,700,000 +Virginia...................................... Joint Expeditionary Base Little Creek-Fort Story $112,500,000 +Washington.................................... Joint Base Lewis-McChord........................ $21,800,000 + Manchester...................................... $82,000,000 ---------------------------------------------------------------------------------------------------------------- + (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as @@ -48476,16 +50380,45 @@ Defense may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table: + Defense Agencies: Outside the United States ---------------------------------------------------------------------------------------------------------------- - Country Installation or Location Amount + Country Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Japan........................................... Defense Fuel Support Point Tsurumi........ $49,500,000 +Japan........................................ Def Fuel Support Point Tsurumi................ $49,500,000 +---------------------------------------------------------------------------------------------------------------- + + + (c) Modification of Authority To Carry Out Certain Fiscal Year 2020 +Project.--In the case of the authorization contained in the table in +section 2401(a) of the National Defense Authorization Act for Fiscal +Year 2020 (Public Law 116-92; 133 Stat. 1871) for the construction of a +backup generator at the Pentagon, Virginia, the Secretary of Defense +may replace and upgrade existing generators to obtain additional power +generation capacity, as specified in the funding table in section 4601 +of that Act (133 Stat. 2095). + (d) Extension of Authority To Carry Out Certain Fiscal Year 2016 +Project.-- + (1) Extension.--Notwithstanding section 2002 of the Military + Construction Authorization Act for Fiscal Year 2016 (division B of + Public Law 114-92; 129 Stat. 1145), the authorization set forth in + the table in paragraph (2), as provided in section 2401 of that Act + (129 Stat. 1157), shall remain in effect until October 1, 2021, or + the date of the enactment of an Act authorizing funds for military + construction for fiscal year 2022, whichever is later. + (2) Table.--The table referred to in paragraph (1) is as + follows: + + Defense Agencies: Extension of 2016 Project Authorization +---------------------------------------------------------------------------------------------------------------- + State/Country Installation Project Amount +---------------------------------------------------------------------------------------------------------------- +Oregon................................ Klamath Falls IAP......... Fuel Facilities.......... $2,500,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT - PROGRAM PROJECTS. +SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT +PROGRAM PROJECTS. (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in @@ -48518,6 +50451,7 @@ Virginia..................................... Naval Medical Center Portsmouth.. Surface Combat Systems Center Wallops Island.. $9,100,000 ---------------------------------------------------------------------------------------------------------------- + (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in @@ -48533,108 +50467,104 @@ in the amount, set forth in the following table: Italy........................................ Naval Support Activity Naples................. $3,490,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. +SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601. (b) Limitation on Total Cost of Construction Projects.-- -Notwithstanding the cost variations authorized by section 2853 of title -10, United States Code, and any other cost variation authorized by law, -the total cost of all projects carried out under section 2401 of this -Act may not exceed the total amount authorized to be appropriated under -subsection (a), as specified in the funding table in section 4601. - -SEC. 2404. MILITARY CONSTRUCTION INFRASTRUCTURE AND WEAPON SYSTEM - SYNCHRONIZATION FOR GROUND BASED STRATEGIC DETERRENT. - - (a) Authorization for Planning and Design.--Of the amounts -authorized to be appropriated for research, development, test, and -evaluation, Air Force, for fiscal year 2021, for the Ground Based -Strategic Deterrent, as specified in the funding table in section 4201, -the Secretary of the Air Force may use not more than $15,000,000 for -the purpose of obtaining or carrying out necessary planning and -construction design in connection with military construction projects -and other infrastructure projects necessary to support the development -and fielding of the Ground Based Strategic Deterrent weapon system. - (b) Air Force Project Management and Supervision.--Each contract -entered into by the United States for a military construction project -or other infrastructure project in connection with the development and -fielding of the Ground Based Strategic Deterrence weapon system shall -be carried out under the direction and supervision of the Secretary of -the Air Force. The Secretary may utilize and consult with the Air Force -Civil Engineer Center, the Army Corps of Engineers, and the Naval -Facilities Engineering Command for subject matter expertise, -contracting capacity, and other support as determined to be necessary -by the Secretary to carry out this section. - (c) Use of Single Prime Contractor.--The Secretary of the Air Force -may award contracts for planning and construction design and for -military construction projects and other infrastructure projects -authorized by law in connection with the development and fielding of -the Ground Based Strategic Deterrent weapon system to a single prime -contractor if the Secretary determines that awarding the contracts to a -single prime contractor-- - (1) is in the best interest of the Government; and - (2) is necessary to ensure the proper synchronization and - execution of work related to the development and fielding of - the Ground Based Strategic Deterrent weapon system and its - associated military construction projects and other - infrastructure projects. - (d) Exceptions to Current Law.--The Secretary of the Air Force may -carry out this section without regard to the following provisions of -law: - (1) Section 2304 of title 10, United States Code. - (2) Section 2807(a) of such title. - (3) Section 2851(a) of such title. - (e) Expiration of Authority.--The authorities provided by this -section shall expire upon the earlier of the following: - (1) The date that is 15 years after the date of the - enactment of this Act. - (2) The date on which the Secretary of the Air Force - submits to the congressional defense committees a certification - that the fielding of the Ground Based Strategic Deterrent - weapon system is complete. - (f) Report Required.--Not later than 1 year after the date of the -enactment of this Act, the Secretary of the Air Force shall submit to -the congressional defense committees a report describing the plans to -synchronize the development and fielding of the Ground Based Strategic -Deterrent weapon system and its associated military construction -projects and other infrastructure projects. The report shall contain, -at minimum, the following elements: - (1) A description of the estimated total cost, scope of - work, location, and schedule for the planning and design, - military construction, and other infrastructure investments - necessary to support the development and fielding of the Ground - Based Strategic Deterrent weapon system. - (2) A recommendation regarding the methods by which a - programmatic military construction authorization, authorization - of appropriations, and appropriation, on an installation-by- - installation basis, could be used to support the synchronized - development and fielding of the Ground Based Strategic - Deterrent and its associated military construction projects and - other infrastructure projects. - (3) Identification of the specific provisions of law, if - any, that the Secretary determines may adversely impact or - delay the development and fielding of the Ground Based - Strategic Deterrent weapon system and its associated - construction projects, assuming, as described in paragraph (2), - the use of a programmatic military construction authorization - on an installation-by-installation basis. - (4) A plan to ensure sufficient capability and capacity to - cover civilian and military manning for oversight and contract - management related to the development and fielding of the - Ground Based Strategic Deterrent weapon system and its - associated construction projects. +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2401 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 4601. +SEC. 2404. INDEPENDENT STUDY ON WESTERN EMERGENCY REFINED FUEL +RESERVES. + (a) Independent Study.--Not later than 30 days after the date of +the enactment of this Act, the Secretary of Defense shall, in +consultation with the Secretary of Energy, seek to enter into a +contract with a Federally funded research and development center under +which contract such center shall conduct a study on the feasibility +(including costs and benefits) of establishing one or more emergency +fuel reserves for refined fuel in the Western United States. + (b) Elements of Study.--In conducting the study referred to in +subsection (a), the Federally funded research and development center +with which the Secretary enters into a contract under such subsection +shall analyze the following: + (1) An assessment, in the event of a 30 day-interruption in the + capability of oil refineries of the West Coast of the United + States, Alaska, and Hawaii to refine petroleum, of-- + (A) the capacity of the Department of Defense to meet + defense missions requirements using the Prepositioned War + Reserve Requirements of the Department for wartime and + peacetime operations through the Prepositioned War Reserve + Stock and Operating Stock of the Department; + (B) the military installations or missions otherwise served + by such refineries that may have unique or limited connection + to refined petroleum supply infrastructure; and + (C) the capacity of the Strategic Petroleum Reserve and + connecting pipeline infrastructure to support requirements of + the West Coast area of the United States for petroleum and + refined petroleum products. + (2) An assessment of the practicability of the storage of + military specification fuels and jet fuel stock in long-term + storage in a salt cavern, hard-rock storage, or tank or other + storage. + (3) An identification and assessment of various options to + provide long-term storage of refined fuels in the Western United + States, including through the establishment of one or more Western + Emergency Refined Fuel Reserves, including-- + (A) for the assessment of each option, a proposal for the + Federal agency or agencies to be responsible for such option; + and + (B) for the assessment of the establishment of any such + Reserve, an estimate of the costs of construction and operation + of such Reserve. + (c) Report.--The contract under subsection (a) shall require the +Federally funded research and development center that conducts the +study under the contract to submit to the Secretary of Defense and the +Secretary of Energy a report on the results of study. The report shall +be so submitted in both classified and unclassified form. + (d) Submittal to Congress.-- + (1) In general.--Not later than 30 days after the date on which + the Secretary of Defense and the Secretary of Energy receive the + report under subsection (c), the Secretary of Defense, in + consultation with the Secretary of Energy, shall submit to the + appropriate committees of Congress the following: + (A) The report under subsection (c), unaltered, in both + classified and unclassified form. + (B) Such comments as the Secretary of Defense considers + appropriate in light of the report under subsection (c). + (2) Appropriate committees of congress defined.--In this + subsection, the term ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services, the Committee on + Energy and Natural Resources, and the Committee on + Appropriations of the Senate; and + (B) the Committee on Armed Services, the Committee on + Energy and Commerce, and the Committee on Appropriations of the + House of Representatives. TITLE XXV--INTERNATIONAL PROGRAMS + Subtitle A--North Atlantic Treaty Organization Security Investment + Program + +Sec. 2501. Authorized NATO construction and land acquisition projects. +Sec. 2502. Authorization of appropriations, NATO. +Sec. 2503. Execution of projects under the North Atlantic Treaty + Organization Security Investment Program. + + Subtitle B--Host Country In-Kind Contributions + +Sec. 2511. Republic of Korea funded construction projects. +Sec. 2512. Qatar funded construction projects. + Subtitle A--North Atlantic Treaty Organization Security Investment Program SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. - The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to @@ -48642,9 +50572,7 @@ exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. - SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. - (a) Authorization.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for contributions by the Secretary of Defense under section 2806 of title 10, United @@ -48652,18 +50580,106 @@ States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601. - (b) Authority To Carry Out Project and Recognize NATO Authorization -Amounts as Budgetary Resources for Project Execution.--When the United -States is designated as the Host Nation for the purposes of executing a -project under the NATO Security Investment Program (NSIP), the -Department of Defense construction agent may carry out the project and -recognize the NATO project authorization amounts as budgetary resources -to incur obligations for the purposes of executing the NSIP project. + (b) Authority To Recognize NATO Authorization Amounts as Budgetary +Resources for Project Execution.--When the United States is designated +as the Host Nation for the purposes of executing a project under the +NATO Security Investment Program (NSIP), the Department of Defense +construction agent may recognize the NATO project authorization amounts +as budgetary resources to incur obligations for the purposes of +executing the NSIP project. +SEC. 2503. EXECUTION OF PROJECTS UNDER THE NORTH ATLANTIC TREATY +ORGANIZATION SECURITY INVESTMENT PROGRAM. + (a) In General.--Subchapter II of chapter 138 of title 10, United +States Code, is amended by adding at the end the following new section: +``Sec. 2350m. Execution of projects under the North Atlantic Treaty + Organization Security Investment Program + ``(a) Authority To Execute Projects.--When the United States is +designated as the Host Nation for purposes of executing a project under +the North Atlantic Treaty Organization Security Investment Program (in +this section referred to as the `Program'), the Secretary of Defense +may accept such designation and carry out such project consistent with +the requirements of this section. + ``(b) Project Funding.--The Secretary of Defense may fund +authorized expenditures of projects accepted under subsection (a) +with-- + ``(1) contributions under subsection (c); + ``(2) appropriations of the Department of Defense for the + Program when directed by the North Atlantic Treaty Organization to + apply amounts of such appropriations as part of the share of + contributions of the United States for the Program; or + ``(3) any combination of amounts described in paragraphs (1) + and (2). + ``(c) Authority To Accept Contributions.--(1) The Secretary of +Defense may accept contributions from the North Atlantic Treaty +Organization and member nations of the North Atlantic Treaty +Organization for the purpose of carrying out a project under subsection +(a). + ``(2) Contributions accepted under paragraph (1) shall be placed in +an account established for the purpose of carrying out the project for +which the funds were provided and shall remain available until +expended. + ``(3)(A) If contributions are made under paragraph (1) as +reimbursement for a project or portion of a project previously +completed by the Department of Defense, such contributions shall be +credited to-- + ``(i) the appropriations used for the project or portion + thereof, if such appropriations have not yet expired; or + ``(ii) the appropriations for the Program, if the + appropriations described in clause (i) have expired. + ``(B) Funding credited under subparagraph (A) shall merge with and +remain available for the same purposes and duration as the +appropriations to which credited. + ``(d) Obligation Authority.--The construction agent of the +Department of Defense designated by the Secretary of Defense to execute +a project under subsection (a) may recognize the North Atlantic Treaty +Organization project authorization amounts as budgetary resources to +incur obligations against for the purposes of executing the project. + ``(e) Insufficient Contributions.--(1) In the event that the North +Atlantic Treaty Organization does not agree to contribute funding for +all costs necessary for the Department of Defense to carry out a +project under subsection (a), including necessary personnel costs of +the construction agent designated by the Department of Defense, +contract claims, and any conjunctive funding requirements that exceed +the project authorization or standards of the North Atlantic Treaty +Organization, the Secretary of Defense, upon determination that +completion of the project is in the national interest of the United +States, may fund such costs, and undertake such conjunctively funded +requirements not otherwise authorized by law, using any unobligated +funds available among funds appropriated for the Program for military +construction. + ``(2) The use of funds under paragraph (1) from appropriations for +the Program may be in addition to or in place of any other funding +sources otherwise available for the purposes for which those funds are +used. + ``(f) Authorized Expenditures Defined.--In this section, the term +`authorized expenditures' means project expenses for which the North +Atlantic Treaty Organization has agreed to contribute funding.''. + (b) Clerical Amendment.--The table of sections at the beginning of +subchapter II of chapter 138 of such title is amended by adding at the +end the following new item: + +``2350m. Execution of projects under the North Atlantic Treaty + Organization Security Investment Program.''. + + (c) Conforming Repeals.-- + (1) 2019.--Section 2502 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 + Stat. 2252) is amended-- + (A) in subsection (a)-- + (i) by striking ``(a) Authorization.--Funds'' and + inserting ``Funds''; and + (ii) by striking the second sentence; and + (B) by striking subsection (b). + (2) 2020.--Section 2502 of the National Defense Authorization + Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1874) is + amended-- + (A) in subsection (a), by striking ``(a) Authorization.-- + Funds'' and inserting ``Funds''; and + (B) by striking subsection (b). Subtitle B--Host Country In-Kind Contributions SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. - Pursuant to agreement with the Republic of Korea for required in- kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the @@ -48672,170 +50688,193 @@ table: Republic of Korea Funded Construction Projects ---------------------------------------------------------------------------------------------------------------- - Component Installation or Location Project Amount + Installation or + Component Location Project Amount ---------------------------------------------------------------------------------------------------------------- -Army................................... Camp Carroll.............. Site Development............. $49,000,000 -Army................................... Camp Humphreys............ Attack Reconnaissance $99,000,000 - Battalion Hangar............ -Army................................... Camp Humphreys............ Hot Refuel Point............. $35,000,000 -Navy................................... COMROKFLT Naval Base, Maritime Operations Center... $26,000,000 - Busan.................... -Air Force.............................. Daegu Air Base............ AGE Facility and Parking $14,000,000 - Apron....................... -Air Force.............................. Kunsan Air Base........... Backup Generator Plant....... $19,000,000 -Air Force.............................. Osan Air Base............ Aircraft Corrosion Control $12,000,000 - Facility (Phase 3).......... -Air Force.............................. Osan Air Base............. Child Development Center..... $20,000,000 -Air Force.............................. Osan Air Base............. Munitions Storage Area Delta $84,000,000 - (Phase 1)................... -Defense-Wide........................... Camp Humphreys............ Elementary School............ $58,000,000 +Army................................. Camp Carroll........... Site Development....... $49,000,000 +Army................................. Camp Humphreys......... Attack Reconnaissance $99,000,000 + Battalion Hangar...... +Army................................. Camp Humphreys......... Hot Refuel Point....... $35,000,000 +Navy................................. COMROKFLT Naval Base, Maritime Operations $26,000,000 + Busan................. Center................ +Air Force............................ Daegu Air Base......... AGE Facility and $14,000,000 + Parking Apron......... +Air Force............................ Kunsan Air Base........ Backup Generator Plant. $19,000,000 +Air Force............................ Osan Air Base.......... Aircraft Corrosion $12,000,000 + Control Facility + (Phase 3)............. +Air Force............................ Osan Air Base.......... Child Development $20,000,000 + Center................ +Air Force............................ Osan Air Base.......... Relocate Munitions $84,000,000 + Storage Area Delta + (Phase 1)............. +Defense-Wide......................... Camp Humphreys......... Elementary School...... $58,000,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2512. STATE OF QATAR FUNDED CONSTRUCTION PROJECTS. +SEC. 2512. QATAR FUNDED CONSTRUCTION PROJECTS. Pursuant to agreement with the State of Qatar for required in-kind contributions, the Secretary of Defense may accept military -construction projects for Al Udeid Air Base in the State of Qatar, and +construction projects for the installation in the State of Qatar, and in the amounts, set forth in the following table: State of Qatar Funded Construction Projects ---------------------------------------------------------------------------------------------------------------- - Component Installation Project Amount + Installation or + Component Location Project Amount ---------------------------------------------------------------------------------------------------------------- -Air Force.............................. Al Udeid.................. Billet (A12)................. $63,000,000 - Billet (BI2)................. $63,000,000 - Billet (D l 0)............... $77,000,000 - Billet (009)................. $77,000,000 - Billet (007)................. $77,000,000 - Armory/Mount................. $7,200,000 - Billet (A06)................. $77,000,000 - Dining Facility.............. $14,600,000 - Billet (BOS)................. $77,000,000 - Billet (B04)................. $77,000,000 - Billet (A04)................. $77,000,000 - Billet (AOS)................. $77,000,000 - Dining Facility.............. $14,600,000 - MSG (Base Operations Support $9,300,000 - Facility)................... - ITN (Communications Facility) $3,500,000 +Air Force............................ Al Udeid............... Billet (A12)........... $63,000,000 +Air Force............................ Al Udeid............... Billet (B12)........... $63,000,000 +Air Force............................ Al Udeid............... Billet (D10)........... $77,000,000 +Air Force............................ Al Udeid............... Billet (009)........... $77,000,000 +Air Force............................ Al Udeid............... Billet (007)........... $77,000,000 +Air Force............................ Al Udeid............... Armory/Mount........... $7,200,000 +Air Force............................ Al Udeid............... Billet (A06)........... $77,000,000 +Air Force............................ Al Udeid............... Dining Facility........ $14,600,000 +Air Force............................ Al Udeid............... Billet (BOS)........... $77,000,000 +Air Force............................ Al Udeid............... Billet (B04)........... $77,000,000 +Air Force............................ Al Udeid............... Billet (A04)........... $77,000,000 +Air Force............................ Al Udeid............... Billet (AOS)........... $77,000,000 +Air Force............................ Al Udeid............... Dining Facility........ $14,600,000 +Air Force............................ Al Udeid............... MSG (Base Operations $9,300,000 + Support Facility)..... +Air Force............................ Al Udeid............... ITN (Communications $3,500,000 + Facility)............. ---------------------------------------------------------------------------------------------------------------- + TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES +Sec. 2601. Authorized Army National Guard construction and land + acquisition projects. +Sec. 2602. Authorized Army Reserve construction and land acquisition + projects. +Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction + and land acquisition projects. +Sec. 2604. Authorized Air National Guard construction and land + acquisition projects. +Sec. 2605. Authorized Air Force Reserve construction and land + acquisition projects. +Sec. 2606. Authorization of appropriations, National Guard and Reserve. +Sec. 2607. Modification of authority to carry out fiscal year 2020 + project in Alabama. SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND - ACQUISITION PROJECTS. - +ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military -construction projects for the Army National Guard locations inside the -United States, and in the amounts, set forth in the following table: +construction projects for the Army National Guard installations or +locations inside the United States, and in the amounts, set forth in +the following table: Army National Guard ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Arizona..................................... National Guard Armory Tucson..................... $18,100,000 +Arizona..................................... Tucson........................................... $18,100,000 +Arkansas.................................... Fort Chaffee..................................... $15,000,000 +California.................................. Bakersfield...................................... $9,300,000 Colorado.................................... Peterson Air Force Base.......................... $15,000,000 -Indiana..................................... Army Aviation Support Facility Shelbyville....... $12,000,000 -Kentucky.................................... Boone National Guard Center Frankfort............ $15,000,000 -Mississippi................................. National Guard Armory Brandon.................... $10,400,000 -Nebraska.................................... National Guard Armory North Platte............... $9,300,000 +Indiana..................................... Shelbyville...................................... $12,000,000 +Kentucky.................................... Frankfort........................................ $15,000,000 +Mississippi................................. Brandon.......................................... $10,400,000 +Nebraska.................................... North Platte..................................... $9,300,000 New Jersey.................................. Joint Base McGuire-Dix-Lakehurst................. $15,000,000 -Ohio........................................ Beightler Armory Columbus........................ $15,000,000 -Oregon...................................... Hermiston National Guard Armory.................. $25,035,000 +Ohio........................................ Columbus......................................... $15,000,000 +Oklahoma.................................... Ardmore.......................................... $9,800,000 +Oregon...................................... Hermiston........................................ $25,035,000 Puerto Rico................................. Fort Allen....................................... $37,000,000 South Carolina.............................. Joint Base Charleston............................ $15,000,000 -Tennessee................................... National Guard Armory McMinnville................ $11,200,000 -Texas....................................... National Guard Readiness Center Fort Worth....... $13,800,000 -Utah........................................ National Guard Armory Nephi...................... $12,000,000 -Virgin Islands.............................. LTC Lionel A. Jackson Armory St. Croix........... $39,400,000 -Wisconsin................................... National Guard Armory Appleton................... $11,600,000 +Tennessee................................... McMinnville...................................... $11,200,000 +Texas....................................... Fort Worth....................................... $13,800,000 +Utah........................................ Nephi............................................ $12,000,000 +Virgin Islands.............................. St. Croix........................................ $39,400,000 +Wisconsin................................... Appleton......................................... $11,600,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION - PROJECTS. +SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION +PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military -construction projects for the Army Reserve locations inside the United -States, and in the amounts, set forth in the following table: +construction projects for the Army Reserve installations or locations +inside the United States, and in the amounts, set forth in the +following table: Army Reserve ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Florida....................................... Reserve Center Gainesville..................... $36,000,000 +Florida....................................... Gainesville.................................... $36,000,000 Massachusetts................................. Devens Reserve Forces Training Area............ $8,700,000 -North Carolina................................ Reserve Center Asheville....................... $24,000,000 -Wisconsin..................................... Fort McCoy..................................... $14,600,000 +North Carolina................................ Asheville...................................... $24,000,000 +Wisconsin..................................... Fort McCoy..................................... $17,100,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE - CONSTRUCTION AND LAND ACQUISITION PROJECTS. +SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE +CONSTRUCTION AND LAND ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the -Secretary of the Navy may acquire real property and carry out the -military construction projects for the Navy Reserve and Marine Corps -Reserve locations inside the United States, and in the amounts, set -forth in the following table: +Secretary of the Navy may acquire real property and carry out military +construction projects for the Navy Reserve and Marine Corps Reserve +installations or locations inside the United States, and in the +amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Maryland........................................ Reserve Training Center, Camp Fretterd $39,500,000 - Reisterstown.............................. -Utah............................................ Hill Air Force Base........................ $25,010,000 +Maryland...................................... Reisterstown................................... $39,500,000 +Minnesota..................................... Naval Operational Support Center Minneapolis... $12,800,000 +Utah.......................................... Hill Air Force Base............................ $25,010,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND - ACQUISITION PROJECTS. +SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND +ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out -military construction projects for the Air National Guard locations -inside the United States, and in the amounts, set forth in the -following table: +military construction projects for the Air National Guard installations +or locations inside the United States, and in the amounts, set forth in +the following table: Air National Guard ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Alabama......................................... Montgomery Regional Airport Air National $11,600,000 - Guard Base................................ -Guam............................................ Joint Region Marianas...................... $20,000,000 -Maryland........................................ Joint Base Andrews......................... $9,400,000 -Texas........................................... Joint Base San Antonio..................... $10,800,000 +Alabama....................................... Montgomery Regional Airport.................... $23,600,000 +Guam.......................................... Joint Region Marianas.......................... $20,000,000 +Maryland...................................... Joint Base Andrews............................. $9,400,000 +North Dakota.................................. Hector International Airport................... $17,500,000 +Texas......................................... Joint Base San Antonio......................... $10,800,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND - ACQUISITION PROJECTS. +SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND +ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out -military construction projects for the Air Force Reserve location -inside the United States, and in the amount, set forth in the following -table: +military construction projects for the installation inside the United +States, and in the amount, set forth in the following table: Air Force Reserve ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Installation Amount ---------------------------------------------------------------------------------------------------------------- -Texas......................................... Naval Air Station Joint Reserve Base Fort Worth $14,200,000 +Texas......................................... Joint Reserve Base Fort Worth.................. $39,200,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE. +SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for the costs of acquisition, architectural and engineering services, and construction of facilities @@ -48843,24 +50882,28 @@ for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601. - -SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2020 PROJECT. - +SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2020 +PROJECT IN ALABAMA. In the case of the authorization contained in the table in section 2601 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1875) for Anniston Army Depot, Alabama, -for construction of an Enlisted Transient Barracks, as specified in the +for construction of an Enlisted Transient Barracks as specified in the funding table in section 4601 of such Act (133 Stat. 2096), the -Secretary of the Army may carry out the project at Fort McClellan, -Alabama. +Secretary of the Army may construct a training barracks at Fort +McClellan, Alabama. TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES +Sec. 2701. Authorization of appropriations for base realignment and + closure activities funded through Department of Defense Base + Closure Account. +Sec. 2702. Prohibition on conducting additional base realignment and + closure (BRAC) round. +Sec. 2703. Plan to finish remediation activities conducted by the + Secretary of the Army in Umatilla, Oregon. SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND - CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE - BASE CLOSURE ACCOUNT. - +CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE +ACCOUNT. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for base realignment and closure activities, including real property acquisition and military @@ -48871,20 +50914,175 @@ Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as specified in the funding table in section 4601. +SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND +CLOSURE (BRAC) ROUND. + Nothing in this Act shall be construed to authorize an additional +Base Realignment and Closure (BRAC) round. +SEC. 2703. PLAN TO FINISH REMEDIATION ACTIVITIES CONDUCTED BY THE +SECRETARY OF THE ARMY IN UMATILLA, OREGON. + Not later than 90 days after the date of the enactment of this Act, +the Secretary of the Army shall submit to Congress a plan to finish +remediation activities conducted by the Secretary in Umatilla, Oregon, +by not later than three years after such date of enactment. TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS + Subtitle A--Military Construction Program Changes + +Sec. 2801. Modification and clarification of construction authority in + the event of a declaration of war or national emergency. +Sec. 2802. Extension of sunset for annual locality adjustment of dollar + thresholds applicable to unspecified minor military + construction authorities. +Sec. 2803. Modification of reporting requirements regarding certain + military construction projects and military family housing + projects, contracts, and agreements. +Sec. 2804. Consideration of energy security and energy resilience in + life-cycle cost for military construction. +Sec. 2805. Congressional project authorization required for military + construction projects for energy resilience, energy security, + and energy conservation. +Sec. 2806. One-year extension of temporary, limited authority to use + operation and maintenance funds for construction projects in + certain areas outside the United States. +Sec. 2807. Responsibility of Navy for military construction requirements + for certain Fleet Readiness Centers. + + Subtitle B--Military Family Housing Reforms + +Sec. 2811. Modifications and technical corrections related to military + housing privatization reform. +Sec. 2812. Repeal of authority to lease substandard family housing units + to members of the uniformed services. +Sec. 2813. Expenditure priorities in using Department of Defense Family + Housing Improvement Fund. +Sec. 2814. Availability of information regarding assessment of + performance metrics for contracts for provision or management + of privatized military housing. +Sec. 2815. Requirement that Secretary of Defense implement + recommendations relating to military family housing contained + in report by Inspector General of Department of Defense. +Sec. 2816. Promulgation of guidance to facilitate return of military + families displaced from privatized military housing. +Sec. 2817. Promulgation of guidance on relocation of residents of + military housing impacted by presence of mold. +Sec. 2818. Expansion of uniform code of basic standards for privatized + military housing and hazard and habitability inspection and + assessment requirements to Government-owned and Government- + controlled military family housing. + + Subtitle C--Real Property and Facilities Administration + +Sec. 2821. Acceptance of property by military service academies, + professional military education schools, and military museums + subject to naming-rights condition. +Sec. 2822. Codification of reporting requirements regarding United + States overseas military enduring locations and contingency + locations. +Sec. 2823. Promotion of energy resilience and energy security in + privatized utility systems. +Sec. 2824. Vesting exercise of discretion with Secretaries of the + military departments regarding entering into longer-term + contracts for utility services. +Sec. 2825. Use of on-site energy production to promote military + installation energy resilience and energy security. +Sec. 2826. Improved electrical metering of Department of Defense + infrastructure supporting critical missions. +Sec. 2827. Improving water management and security on military + installations. +Sec. 2828. Prohibition relating to closure or return to host nation of + existing military installations, infrastructure, or real + property in Europe. + + Subtitle D--Land Conveyances + +Sec. 2831. Land conveyance, Camp Navajo, Arizona. +Sec. 2832. Modification of land exchange involving Naval Industrial + Reserve Ordnance Plant, Sunnyvale, California. +Sec. 2833. Land conveyance, Sharpe Army Depot, Lathrop, California. +Sec. 2834. Land exchange, San Bernardino County, California. +Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System + receiving station, Modoc County, California. +Sec. 2836. Transfer of administrative jurisdiction, Naval Support + Activity Panama City, Florida, parcel. +Sec. 2837. Lease extension, Bryan Multi-Sports Complex, Wayne County, + North Carolina. +Sec. 2838. Land conveyances, Milan Army Ammunition Plant, Tennessee. + + Subtitle E--Military Land Withdrawals + +Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval + Air Facility, El Centro, California. +Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and + reservation. +Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and + reservation. +Sec. 2844. Establishment of interagency committees on joint use of + certain land withdrawn from appropriation under public land + laws. + + Subtitle F--Asia-Pacific and Indo-Pacific Issues + +Sec. 2851. Change to biennial reporting requirement for Interagency + Coordination Group of Inspectors General for Guam Realignment. +Sec. 2852. Additional exception to restriction on development of public + infrastructure in connection with realignment of Marine Corps + forces in Asia-Pacific region. +Sec. 2853. Development of master plan for infrastructure to support + rotational Armed Forces in Australia. +Sec. 2854. Bulk fuel management in United States Indo-Pacific Command + Area of Responsibility. + + Subtitle G--Authorized Pilot Programs + +Sec. 2861. Pilot program to authorize use of cost savings realized from + intergovernmental services agreements for installation-support + services. +Sec. 2862. Department of Defense pilot program to evaluate expansion of + land exchange authority. +Sec. 2863. Pilot program to support combatant command military + construction priorities. +Sec. 2864. Pilot program to test use of emergency diesel generators in a + microgrid configuration at certain military installations. +Sec. 2865. Pilot program to authorize additional military construction + projects for child development centers at military + installations. +Sec. 2866. Department of the Army pilot program for development and use + of online real estate inventory tool. + + Subtitle H--Miscellaneous Studies and Reports + +Sec. 2871. Reports regarding decision-making process used to locate or + relocate major headquarters and certain military units and + weapon systems. +Sec. 2872. Report on effect of noise restrictions on military + installations and operations and development and + implementation of noise mitigation measures. +Sec. 2873. Study and report regarding continued need for protected + aircraft shelters in Europe and status of United States air + base resiliency in Europe. + + Subtitle I--Other Matters + +Sec. 2881. Military construction infrastructure and weapon system + synchronization for Ground Based Strategic Deterrent. +Sec. 2882. Defense Community Infrastructure Program. +Sec. 2883. Consideration of certain military family readiness issues in + making basing decisions associated with certain military units + and major headquarters. +Sec. 2884. Department of Defense policy for regulation in military + communities of dangerous dogs kept as pets. + Subtitle A--Military Construction Program Changes SEC. 2801. MODIFICATION AND CLARIFICATION OF CONSTRUCTION AUTHORITY IN - THE EVENT OF A DECLARATION OF WAR OR NATIONAL EMERGENCY. - +THE EVENT OF A DECLARATION OF WAR OR NATIONAL EMERGENCY. (a) Limitation on Amount of Funds Available for National Emergency.--Section 2808 of title 10, United States Code, is amended-- - (1) by redesignating subsections (b) and (c) as subsections - (e) and (f), respectively; and - (2) by inserting after subsection (a) the following new - subsection: + (1) by redesignating subsections (b) and (c) as subsections (e) + and (f), respectively; and + (2) by inserting after subsection (a) the following new + subsection: ``(c) Limitation on Amount of Funds Available for National Emergency.--(1) Except as provided in paragraph (2), in the event of a declaration by the President of a national emergency in which the @@ -48902,16 +51100,16 @@ sentence and inserting the following new subsection: ``(b) Conditions on Sources of Funds.--A military construction project to be undertaken using the construction authority described in subsection (a) may be undertaken only within the total amount of funds -that have been appropriated for military construction, including funds +that have been appropriated for military construction, excluding funds appropriated for family housing, that-- - ``(1) remain unobligated as of the date on which the first - contract would be entered into in connection with that military - construction project undertaken using such authority; and - ``(2) are available because the military construction - project for which the funds were appropriated-- - ``(A) has been canceled; or - ``(B) has reduced costs as a result of project - modifications or other cost savings.''. + ``(1) remain unobligated as of the date on which the first + contract would be entered into in support of the national emergency + declaration described in subsection (a); and + ``(2) are available because the military construction project + for which the funds were appropriated-- + ``(A) has been canceled; or + ``(B) has reduced costs as a result of project + modifications or other cost savings.''. (c) Waiver of Other Provisions of Law.--Section 2808 of title 10, United States Code, is amended by inserting after subsection (c), as added by subsection (a), the following new subsection: @@ -48922,66 +51120,62 @@ subsection (a) is used, the authority provided by such subsection to waive or disregard another provision of law that would otherwise apply to a military construction project authorized by this section may be used only if-- - ``(1) such other provision of law does not provide a means - by which compliance with the requirements of the law may be - waived, modified, or expedited; and - ``(2) the Secretary of Defense determines that the nature - of the national emergency necessitates the noncompliance with - the requirements of the law.''. + ``(1) such other provision of law does not provide a means by + which compliance with the requirements of the law may be waived, + modified, or expedited; and + ``(2) the Secretary of Defense determines that the nature of + the national emergency necessitates the noncompliance with the + requirements of the law.''. (d) Additional Notification Requirements.--Subsection (e) of section 2808 of title 10, United States Code, as redesignated by subsection (a)(1), is amended-- - (1) by striking ``of the decision'' and all that follows - through the end of the subsection and inserting the following: - ``of the following: - ``(A) The reasons for the decision to use the construction - authority described in subsection (a), including, in the event - of a declaration by the President of a national emergency, the - reasons why use of the armed forces is required in response to - the declared national emergency. - ``(B) The construction projects to be undertaken using the - construction authority described in subsection (a), including, - in the event of a declaration by the President of a national - emergency, an explanation of how each construction project - directly supports the immediate security, logistical, or short- - term housing and ancillary supporting facility needs of the - members of the armed forces used in the national emergency. - ``(C) The estimated cost of the construction projects to be - undertaken using the construction authority described in - subsection (a), including the cost of any real estate action - pertaining to the construction projects, and certification of - compliance with the funding conditions imposed by subsections - (b) and (c). - ``(D) Any determination made pursuant to subsection (d)(2) - to waive or disregard another provision of law to undertake any - construction project using the construction authority described - in subsection (a). - ``(E) The military construction projects, including any - military family housing and ancillary supporting facility - projects, whose cancellation, modification, or other cost - savings result in funds being available to undertake - construction projects using the construction authority - described in subsection (a) and the possible impact of the - cancellation or modification of such military construction - projects on military readiness and the quality of life of - members of the armed forces and their dependents.''; and - (2) by adding at the end the following new paragraph: + (1) by striking ``of the decision'' and all that follows + through the end of the subsection and inserting the following: ``of + the following: + ``(A) The reasons for the decision to use the construction + authority described in subsection (a), including, in the event of a + declaration by the President of a national emergency, the reasons + why use of the armed forces is required in response to the declared + national emergency. + ``(B) The construction projects to be undertaken using the + construction authority described in subsection (a), including, in + the event of a declaration by the President of a national + emergency, an explanation of how each construction project directly + supports the immediate security, logistical, or short-term housing + and ancillary supporting facility needs of the members of the armed + forces used in the national emergency. + ``(C) The estimated cost of the construction projects to be + undertaken using the construction authority described in subsection + (a), including the cost of any real estate action pertaining to the + construction projects, and certification of compliance with the + funding conditions imposed by subsections (b) and (c). + ``(D) Any determination made pursuant to subsection (d)(2) to + waive or disregard another provision of law to undertake any + construction project using the construction authority described in + subsection (a). + ``(E) The military construction projects, including any + ancillary supporting facility projects, whose cancellation, + modification, or other cost savings result in funds being available + to undertake construction projects using the construction authority + described in subsection (a) and the possible impact of the + cancellation or modification of such military construction projects + on military readiness and the quality of life of members of the + armed forces and their dependents.''; and + (2) by adding at the end the following new paragraph: ``(2) In the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, a construction project to be undertaken using such construction authority may be carried out only after the end of the five-day period beginning on the date the notification required by -paragraph (1) is received by the appropriate committees of Congress.''. +paragraph (1) is received by the congressional defense committees.''. (e) Clerical Amendments.--Section 2808 of title 10, United States Code, is further amended-- - (1) in subsection (a), by inserting ``Construction - Authorized.--'' after ``(a)''; - (2) in subsection (e), as redesignated by subsection - (a)(1), by inserting ``Notification Requirement.--(1)'' after - ``(e)''; and - (3) in subsection (f), as redesignated by subsection - (a)(1), by inserting ``Termination of Authority.--'' after - ``(f)''. + (1) in subsection (a), by inserting ``Construction + Authorized.--'' after ``(a)''; + (2) in subsection (e), as redesignated by subsection (a)(1), by + inserting ``Notification Requirement.--(1)'' after ``(e)''; and + (3) in subsection (f), as redesignated by subsection (a)(1), by + inserting ``Termination of Authority.--'' after ``(f)''. (f) Exception for Pandemic Mitigation and Response Projects.-- Subsections (b), (c), (d) of section 2808 of title 10, United States Code, as added by this section, shall not apply to a military @@ -48996,96 +51190,100 @@ efforts. Subsection (e) of section 2808 of title 10, United States Code, as redesignated by subsection (a)(1) and amended by subsection (d) of this section, shall still apply to any such military construction project. - SEC. 2802. EXTENSION OF SUNSET FOR ANNUAL LOCALITY ADJUSTMENT OF DOLLAR - THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR MILITARY - CONSTRUCTION AUTHORITIES. - +THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR MILITARY CONSTRUCTION +AUTHORITIES. Section 2805(f)(3) of title 10, United States Code, is amended by striking ``2022'' and inserting ``2027''. - -SEC. 2803. MODIFICATION OF REPORTING REQUIREMENT REGARDING COST - INCREASES ASSOCIATED WITH CERTAIN MILITARY CONSTRUCTION - PROJECTS AND MILITARY FAMILY HOUSING PROJECTS. - - (a) Elimination of Submission to Comptroller General.--Section -2853(f) of title 10, United States Code, is amended-- - (1) in paragraphs (1) and (3), by striking ``and the - Comptroller General of the United States''; and - (2) by striking paragraph (6). +SEC. 2803. MODIFICATION OF REPORTING REQUIREMENTS REGARDING CERTAIN +MILITARY CONSTRUCTION PROJECTS AND MILITARY FAMILY HOUSING PROJECTS, +CONTRACTS, AND AGREEMENTS. + (a) Cost-increase Reports; Elimination of Submission to Comptroller +General.--Section 2853(f) of title 10, United States Code, is amended-- + (1) in paragraphs (1) and (3), by striking ``and the + Comptroller General of the United States''; and + (2) by striking paragraph (6). (b) Synchronization of Notification Requirements.--Section 2853(c)(1) of title 10, United States Code, is amended by inserting after ``cost increase'' in the matter preceding subparagraph (A) the following: ``(subject to subsection (f))''. + (c) Delegation and Scope of Housing Privatization Reporting +Requirement.--Section 2884(a) of title 10, United States Code, is +amended-- + (1) in paragraph (1)-- + (A) in the matter preceding the subparagraphs, by striking + ``The Secretary of Defense'' and inserting ``The Secretary + concerned''; and + (B) in subparagraph (A)-- + (i) by inserting ``or agreement'' after ``each + contract''; and + (ii) by striking ``that the Secretary proposes to + solicit''; + (2) in paragraph (2)-- + (A) in the matter preceding the subparagraphs, by striking + ``For each proposed contract, conveyance, or lease described in + paragraph (1), the report required by such paragraph'' and + inserting ``A report required by paragraph (1)''; and + (B) by inserting ``agreement,'' after ``contract,'' each + place it appears; and + (3) in paragraph (3), by inserting ``or agreement'' after + ``contract'' each place it appears. +SEC. 2804. CONSIDERATION OF ENERGY SECURITY AND ENERGY RESILIENCE IN +LIFE-CYCLE COST FOR MILITARY CONSTRUCTION. + (a) In General.--Chapter 169 of title 10, United States Code, is +amended by inserting after section 2815 the following new section: +``Sec. 2816. Consideration of energy security and energy resilience in + life-cycle cost for military construction + ``(a) In General.--(1) The Secretary concerned, when evaluating the +life-cycle designed cost of a covered military construction project, +shall include as a facility requirement the long-term consideration of +energy security and energy resilience that would ensure that the +resulting facility is capable of continuing to perform its missions, +during the life of the facility, in the event of a natural or human- +caused disaster, an attack, or any other unplanned event that would +otherwise interfere with the ability of the facility to perform its +missions. + ``(2) A facility requirement under paragraph (1) shall not be +weighed, for cost purposes, against other facility requirements in +determining the design of the facility. + ``(b) Inclusion in the Building Life-cycle Cost Program.--The +Secretary shall include the requirements of subsection (a) in applying +the latest version of the building life-cycle cost program, as +developed by the National Institute of Standards and Technology, to +consider on-site distributed energy assets in a building design for a +covered military construction project. + ``(c) Covered Military Construction Project Defined.--(1) In this +section, the term `covered military construction project' means a +military construction project for a facility that is used to perform +critical functions during a natural or human-caused disaster, an +attack, or any other unplanned event. + ``(2) For purposes of paragraph (1), the term `facility' includes +at a minimum any of the following: + ``(A) Operations centers. + ``(B) Nuclear command and control facilities. + ``(C) Integrated strategic and tactical warning and attack + assessment facilities. + ``(D) Continuity of government facilities. + ``(E) Missile defense facilities. + ``(F) Air defense facilities. + ``(G) Hospitals. + ``(H) Armories and readiness centers of the National Guard. + ``(I) Communications facilities. + ``(J) Satellite and missile launch and control facilities.''. + (b) Clerical Amendment.--The table of sections at the beginning of +subchapter I of chapter 169 of title 10, United States Code, is amended +by inserting after the item relating to section 2815 the following new +item: -SEC. 2804. EXPANSION OF DEPARTMENT OF DEFENSE LAND EXCHANGE AUTHORITY. - - (a) Additional Purposes Authorized.--Paragraph (1) of section -2869(a) of title 10, United States Code, is amended by striking ``the -real property, to transfer'' and all that follows through the end of -the paragraph and inserting the following: ``the real property-- - ``(A) to transfer to the United States all right, title, - and interest of the person in and to a parcel of real property, - including any improvements thereon under the person's control; - ``(B) to carry out a land acquisition, including the - acquisition of all right, title, and interest or a lesser - interest in real property under an agreement entered into under - section 2684a of this title to limit encroachments and other - constraints on military training, testing, and operations; or - ``(C) to provide installation-support services (as defined - in 2679(e) of this title), a replacement facility, or - improvements to an existing facility, as agreed upon between - the Secretary concerned and the person.''. - (b) Requirements for Acceptance of Replacement Facilities.--Section -2869(a) of title 10, United States Code, is further amended by adding -at the end the following new paragraph: - ``(3) The Secretary concerned may agree to accept a replacement -facility or improvements to an existing facility under paragraph (1)(C) -only if the Secretary concerned determines that the replacement -facility or improvements-- - ``(A) are completed and usable, fully functional, and ready - for occupancy; - ``(B) satisfy all operational requirements; and - ``(C) meet all Federal, State, and local requirements - applicable to the facility relating to health, safety, and the - environment.''. - (c) Fair Market Value Requirement.--Section 2869(b)(1) of title 10, -United States Code, is amended-- - (1) in the first sentence, by striking ``of the land to - be'' and inserting ``of the real property, installation-support - services, replacement facility, or improvements to an existing - facility''; and - (2) in the second sentence, by striking ``of the land is - less than the fair market value of the real property to be - conveyed'' and inserting ``of the real property conveyed by the - Secretary concerned exceeds the fair market value of the real - property, installation-support services, replacement facility, - or improvements received by the Secretary''. - (d) Relation to Other Military Construction Requirements.--Section -2869 of title 10, United States Code, is amended by adding at the end -the following new subsection: - ``(h) Relation to Other Military Construction Requirements.--The -acquisition of real property or an interest therein, a replacement -facility, or improvements to an existing facility using the authority -provided by this section shall not be treated as a military -construction project for which an authorization is required by section -2802 of this title.''. - (e) Delayed Implementation of Amendments.--The amendments made by -this section shall take effect on the date of the enactment of this -Act, but the Secretary concerned (as defined in section 2801(c)(5) of -title 10, United States Code) may not enter into any real estate -transaction authorized by such amendments until after the date on which -the Secretary of Defense issues final regulations providing for the -implementation of such amendments by the Department of Defense. - +``2816. Consideration of energy security and energy resilience in life- + cycle cost for military construction.''. SEC. 2805. CONGRESSIONAL PROJECT AUTHORIZATION REQUIRED FOR MILITARY - CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE, ENERGY - SECURITY, AND ENERGY CONSERVATION. - +CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE, ENERGY SECURITY, AND +ENERGY CONSERVATION. (a) Replacement of Notice and Wait Authority.--Section 2914 of title 10, United States Code, is amended to read as follows: ``Sec. 2914. Military construction projects for energy resilience, - energy security, and energy conservation + energy security, and energy conservation ``(a) Project Authorization Required.--The Secretary of Defense may carry out such military construction projects for energy resilience, energy security, and energy conservation as are authorized by law, @@ -49094,180 +51292,307 @@ using funds appropriated or otherwise made available for that purpose. Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of Defense shall include the following information: - ``(A) The project title. - ``(B) The location of the project. - ``(C) A brief description of the scope of work. - ``(D) The original project cost estimate and the current - working cost estimate, if different. - ``(E) Such other information as the Secretary considers - appropriate. + ``(A) The project title. + ``(B) The location of the project. + ``(C) A brief description of the scope of work. + ``(D) The original project cost estimate and the current + working cost estimate, if different. + ``(E) Such other information as the Secretary considers + appropriate. ``(2) In the case of a military construction project for energy conservation, the Secretary also shall include the following information: - ``(A) The original expected savings-to-investment ratio and - simple payback estimates and measurement and verification cost - estimate. - ``(B) The most current expected savings-to-investment ratio - and simple payback estimates and measurement and verification - plan and costs. - ``(C) A brief description of the measurement and - verification plan and planned funding source. + ``(A) The original expected savings-to-investment ratio and + simple payback estimates and measurement and verification cost + estimate. + ``(B) The most current expected savings-to-investment ratio and + simple payback estimates and measurement and verification plan and + costs. + ``(C) A brief description of the measurement and verification + plan and planned funding source. ``(3) In the case of a military construction project for energy resilience or energy security, the Secretary also shall include the rationale for how the project would enhance mission assurance, support -mission critical functions, and address known vulnerabilities.''. +mission critical functions, and address known vulnerabilities. + ``(c) Application to Military Construction Projects.--This section +shall apply to military construction projects covered by subsection (a) +for which a Department of Defense Form 1391 is submitted to the +appropriate committees of Congress in connection with the budget of the +Department of Defense for fiscal year 2023 and thereafter.''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 173 of title 10, United States Code, is amended by striking the item relating to section 2914 and inserting the following new item: ``2914. Military construction projects for energy resilience, energy - security, and energy conservation.''. - + security, and energy conservation.''. SEC. 2806. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE - OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS - IN CERTAIN AREAS OUTSIDE THE UNITED STATES. - +OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN +AREAS OUTSIDE THE UNITED STATES. (a) Extension of Authority.--Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as most recently amended by section 2807(a) of the Military Construction Authorization Act for -Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2264), is further -amended-- - (1) in paragraph (1), by striking ``December 31, 2020'' and - inserting ``December 31, 2021''; and - (2) paragraph (2), by striking ``fiscal year 2021'' and - inserting ``fiscal year 2022''. +Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat. 2264), is +further amended-- + (1) in paragraph (1), by striking ``December 31, 2020'' and + inserting ``December 31, 2021''; and + (2) paragraph (2), by striking ``fiscal year 2021'' and + inserting ``fiscal year 2022''. (b) Continuation of Limitation on Use of Authority.--Subsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as most recently amended by section 2807(b) of the Military Construction -Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. -2264), is further amended-- - (1) by striking ``either'' and inserting ``each''; and - (2) by inserting after the first paragraph (2) the - following new subparagraph: - ``(C) The period beginning October 1, 2020, and ending on - the earlier of December 31, 2021, or the date of the enactment - of an Act authorizing funds for military activities of the - Department of Defense for fiscal year 2022.''. +Authorization Act for Fiscal Year 2019 (division B of Public Law 115- +232; 132 Stat. 2264), is further amended-- + (1) by striking ``either'' and inserting ``each''; and + (2) by inserting after the first paragraph (2) the following + new subparagraph: + ``(C) The period beginning October 1, 2020, and ending on the + earlier of December 31, 2021, or the date of the enactment of an + Act authorizing funds for military activities of the Department of + Defense for fiscal year 2022.''. (c) Technical Corrections.--Subsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as most recently amended by section 2807(b) of the Military Construction Authorization Act for -Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2264) and subsection -(b) of this section, is further amended-- - (1) by redesignating the second paragraph (1) as - subparagraph (A); and - (2) by redesignating the first paragraph (2) as - subparagraph (B). - -SEC. 2807. PILOT PROGRAM TO SUPPORT COMBATANT COMMAND MILITARY - CONSTRUCTION PRIORITIES. - - (a) Pilot Program.--The Secretary of Defense shall conduct a pilot -program to evaluate the usefulness of reserving a portion of the -military construction funds of the military departments to help the -combatant commands satisfy their military construction priorities in a -timely manner. - (b) Location.--The Secretary of Defense shall conduct the pilot -program for the benefit of the United States Indo-Pacific Command in -the area of responsibility of the United States Indo-Pacific Command. - (c) Required Investment.--For each fiscal year during which the -pilot program is conducted, the Secretary of Defense shall reserve to -carry out military construction projects under the pilot program an -amount equal to 10 percent of the total amount authorized to be -appropriated for military construction projects by titles XXI, XXII, -and XXIII of the Military Construction Authorization Act for that -fiscal year. - (d) Commencement and Duration.-- - (1) Commencement.--The Secretary of Defense shall commence - the pilot program no later than October 1, 2023. The Secretary - may commence the pilot program as early as October 1, 2022, if - the Secretary determines that compliance with the reservation - of funds requirement under subsection (c) is practicable - beginning with fiscal year 2023. - (2) Duration.--The pilot program shall be in effect for the - fiscal year in which the Secretary commences the pilot program, - as described in paragraph (1), and the subsequent 2 fiscal - years. Any construction commenced under the pilot program - before the expiration date may continue to completion. - (e) Progress Report.--Not later than February 15 of the final -fiscal year of the pilot program, the Secretary of Defense shall submit -to the congressional defense committees a report evaluating the success -of the pilot program in improving the timeliness of the United States -Indo-Pacific Command in achieving its military construction priorities. -The Secretary shall include in the report-- - (1) an evaluation of the likely positive and negative - impacts were the pilot program extended or made permanent and, - if extended or made permanent, the likely positive and negative - impacts of expansion to cover all or additional combatant - commands; and - (2) the recommendations of the Secretary regarding whether - the pilot program should be extended or made permanent and - expanded. - -SEC. 2808. BIANNUAL REPORT REGARDING MILITARY INSTALLATIONS SUPPORTED - BY DISASTER RELIEF APPROPRIATIONS. - - (a) Report Required.--Biannually through September 30, 2025, both -the Secretary of the Air Force and the Secretary of the Navy shall -submit to the relevant congressional committees a report regarding the -obligation and expenditure at military installations under the -jurisdiction of the Secretary concerned of appropriations made -available to the Secretary concerned in title V of the Military -Construction, Veterans Affairs, and Related Agencies Appropriations -Act, 2020 (division F of Public Law 116-94). - (b) Elements of Report.--Each report under subsection (a) shall -include for the period covered by the report the following elements: - (1) The timeline for award of contracts for each military - construction project to be funded with appropriations referred - to in subsection (a). - (2) The status, including obligations and expenditures, of - each contract already awarded for such military construction - projects. - (3) An assessment of the contracting capacity of the - communities in the vicinity of such military installations to - support such contracts. - (4) The expectations that such local communities will be - required to address. - (c) Public Availability of Report.--The information in each report -specific to a particular military installation shall be made available -online using a public forum commonly used in the locality in which the -installation is located. - (d) Early Termination.--Notwithstanding the date specified in -subsection (a), the Secretary of the Air Force and the Secretary of the -Navy may terminate the reporting requirement applicable to the -Secretary concerned under such subsection effective on the date on -which the Secretary concerned certifies to the relevant congressional -committees that at least 90 percent of the appropriations referred to -in such subsection and made available to the Secretary concerned have -been expended. - (e) Relevant Congressional Committees Defined.--In this section, -the term ``relevant congressional committees'' means-- - (1) the Committee on Armed Services and the Subcommittee on - Military Construction, Veterans Affairs, and Related Agencies - of the Committee on Appropriations of the House of - Representatives; and - (2) the Committee on Armed Services and the Subcommittee on - Military Construction, Veterans Affairs, and Related Agencies - of the Senate. +Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat. 2264) and +subsection (b) of this section, is further amended-- + (1) by redesignating the second paragraph (1) as subparagraph + (A); and + (2) by redesignating the first paragraph (2) as subparagraph + (B). +SEC. 2807. RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION +REQUIREMENTS FOR CERTAIN FLEET READINESS CENTERS. + The Navy shall be responsible for programming, requesting, and +executing any military construction requirements related to any Fleet +Readiness Center that is a tenant command at a Marine Corps +installation. Subtitle B--Military Family Housing Reforms -SEC. 2811. EXPENDITURE PRIORITIES IN USING DEPARTMENT OF DEFENSE FAMILY - HOUSING IMPROVEMENT FUND. +SEC. 2811. MODIFICATIONS AND TECHNICAL CORRECTIONS RELATED TO MILITARY +HOUSING PRIVATIZATION REFORM. + (a) Chief Housing Officer Oversight Responsibilities.-- + (1) Oversight of all military housing.--Section 2890a of title + 10, United States Code, is amended-- + (A) in subsection (a)(1), by striking ``housing units'' and + inserting ``family housing and military unaccompanied housing + under the jurisdiction of the Department of Defense or acquired + or constructed under subchapter IV of this chapter (in this + section referred to as `covered housing units')''; and + (B) in subsection (b)(1)-- + (i) in the matter preceding subparagraph (A), by + striking ``housing under subchapter IV and this + subchapter'' and inserting ``covered housing units''; and + (ii) in subparagraphs (A) and (B), by inserting + ``covered'' before ``housing units'' both places it + appears. + (2) Section heading.--The heading of section 2890a of title 10, + United States Code, is amended by inserting before ``Chief Housing + Officer'' the following ``Supervision of military housing by''. + (3) Transfer and redesignation of section.--Section 2890a of + title 10, United States Code, as amended by paragraphs (1) and + (2)-- + (A) is transferred to appear after section 2851 of such + title; and + (B) is redesignated as section 2851a. + (b) Rights and Responsibilities of Tenants of Housing Units.-- +Section 2890 of title 10, United States Code, is amended-- + (1) in subsection (b)(15), by striking ``and held in escrow''; + (2) in subsection (e)(2), in the matter preceding subparagraph + (A), by inserting ``a'' before ``landlord''; and + (3) in subsection (f), by striking paragraph (2) and inserting + the following new subsection: + ``(2) Paragraph (1) shall not apply to a nondisclosure agreement +executed-- + ``(A) as part of the settlement of litigation; or + ``(B) to avoid litigation if the tenant has retained legal + counsel or has sought military legal assistance under section 1044 + of this title.''. + (c) Contracts for Provision of Housing Units.--Section 2891(e) of +title 10, United States Code, is amended-- + (1) in paragraph (1)-- + (A) in the matter preceding subparagraph (A), by inserting + ``unit'' after ``different housing''; and + (B) in subparagraph (B), by inserting ``the'' before + ``tenant''; and + (2) in paragraph (2)(B), by inserting ``the'' before + ``tenant''; + (d) Management of Housing Units.--Section 2891a of title 10, United +States Code, is amended-- + (1) by adding a period at the end of subsection (b)(2); + (2) in subsection (d), by striking paragraph (11) and inserting + the following new paragraph: + ``(11) Upon request by a prospective tenant, a landlord providing a +housing unit shall ensure that the needs of enrollees in the +Exceptional Family Member Program, or any successor program, are +considered in assigning the prospective tenant to a housing unit +provided by the landlord.''; and + (3) in subsection (e)(2)(B) by striking ``the any'' and + inserting ``any''. + (e) Tenant Access to Maintenance Information.--Section 2892a of +title 10, United States Code, is amended by striking the text of such +section and inserting the following: + ``(a) Maintenance Information for Prospective Tenants.--The +Secretary concerned shall require each eligible entity or subsequent +landlord that offers for lease a housing unit to provide to a +prospective tenant of the housing unit-- + ``(1) not later than five business days before the prospective + tenant is asked to sign the lease, a summary of maintenance + conducted with respect to that housing unit for the previous seven + years; and + ``(2) not later than two business days after the prospective + tenant requests additional information regarding maintenance + conducted with respect to that housing unit during such period, all + information possessed by the eligible entity or subsequent landlord + regarding such maintenance conducted during such period. + ``(b) Maintenance Information for Existing Tenants.--A tenant of a +housing unit who did not receive maintenance information described in +subsection (a) regarding that housing unit while a prospective tenant +may request such maintenance information and shall receive such +maintenance information not later than five business days after the +making the request. + ``(c) Maintenance Defined.--In the section, the term `maintenance' +includes any renovations of the housing unit during the period +specified in subsection (a)(1).''. + (f) Treatment of Certain Incentive Fees.--Section 2893 of title 10, +United States Code, is amended by striking ``propensity for'' and +inserting ``pattern of''. + (g) Landlord-tenant Dispute Resolution Process.--Section 2894 of +title 10, United States Code, is amended-- + (1) in subsection (b), by adding at the end the following new + paragraph: + ``(6) The dispute resolution process shall require the installation +or regional commander (as the case may be) to record each dispute in +the complaint database established under section 2894a of this +title.''; + (2) in subsection (c)-- + (A) in paragraph (1), in the matter preceding subparagraph + (A), by striking ``24 hours'' and inserting ``two business + days''; + (B) in paragraph (3)-- + (i) by inserting ``business'' before ``days''; and + (ii) by inserting ``, such office'' before ``shall + complete''; + (C) in paragraph (4), in the matter preceding subparagraph + (A), by inserting ``, at a minimum,'' before ``the following + persons''; + (D) in paragraph (5), by inserting ``calendar'' before + ``days'' both places it appears; and + (E) by striking paragraph (6) and inserting the following + new paragraph: + ``(6) Except as provided in paragraph (5)(B), a final decision +shall be transmitted to the tenant, landlord, and the installation or +regional commander (as the case may be) not later than 30 calendar days +after the request was submitted.''; and + (3) by striking subsections (d) and (e) and inserting the + following new subsections: + ``(d) Effect of Failure to Comply With Decision.--(1) If the final +decision rendered under subsection (c) for resolution of a landlord- +tenant dispute includes instructions for the landlord responsible for +the housing unit to further remediate the housing unit, the decision +shall specify a reasonable period of time, but not less than 10 +business days, for the landlord to complete the remediation. + ``(2) If the landlord does not remediate the issues before the end +of the time period specified in the final decision in a manner +consistent with the instructions contained in the decision, any amounts +payable to the landlord for the housing unit shall be reduced by 10 +percent for each period of five calendar days during which the issues +remain unremediated. + ``(e) Request to Withhold Payments During Resolution Process.--(1) +As part of the submission of a request for resolution of a landlord- +tenant dispute through the dispute resolution process regarding +maintenance guidelines or procedures or habitability, the tenant may +request that all or part of the payments described in paragraph (3) for +lease of the housing unit be segregated and not used by the property +owner, property manager, or landlord pending completion of the dispute +resolution process. + ``(2) The amount allowed to be withheld under paragraph (1) shall +be limited to amounts associated with the period during which-- + ``(A) the landlord has not met maintenance guidelines and + procedures established by the Department of Defense, either through + contract or otherwise; or + ``(B) the housing unit is uninhabitable according to State and + local law for the jurisdiction in which the housing unit is + located. + ``(3) This subsection applies to the following: + ``(A) Any basic allowance for housing payable to the tenant + (including for any dependents of the tenant in the tenant's + household) under section 403 of title 37. + ``(B) All or part of any pay of a tenant subject to allotment + as described in section 2882(c) of this title.''. + (h) Annual Assessment of the Dispute Resolution Process.--Paragraph +(10) of section 2884(c) of title 10, United States Code, is amended to +read as follows: + ``(10) An assessment of the dispute resolution process under + section 2894(c) of this title, which shall include a list of + dispute resolution cases by installation and the final outcome of + each case.''. + (i) Payment Authority.--Section 606(a) of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +115-232; 10 U.S.C. 2871 note), as amended by section 3036 of the +Military Construction Authorization Act for Fiscal Year 2020 (division +B of Public Law 116-92; 133 Stat. 1938), is further amended-- + (1) in paragraph (1)(A), by inserting ``monthly'' before + ``payments''; + (2) in paragraph (2)(A), by striking ``payments to'' and all + that follows through ``subparagraph (C)'' and inserting ``monthly + payments, under such terms and in such amounts as determined by the + Secretary, to one of more lessors responsible for underfunded MHPI + housing projects identified pursuant to subparagraph (C) under the + jurisdiction of the Secretary''; and + (3) in paragraph (3)(B), by inserting ``that'' before + ``require''. + (j) Suspension of Resident Energy Conservation Program.--Section +3063(b) of the Military Construction Authorization Act for Fiscal Year +2020 (division B of Public Law 116-92; 133 Stat. 1947; 10 U.S.C. 2867 +note) is amended-- + (1) by inserting ``covered by a program suspended under + subsection (a)'' after ``privatized military housing'' the first + place it appears; and + (2) by striking ``on the installation military housing unit''. + (k) Clerical Amendments.-- + (1) Chief housing officer.-- + (A) Addition.--The table of sections at the beginning of + subchapter III of chapter 169 of title 10, United States Code, + is amended by inserting after the item relating to section 2851 + the following new item: +``2851a. Supervision of military housing by Chief Housing Officer.''. + + (B) Repeal.--The table of sections at the beginning of + subchapter V of chapter 169 of title 10, United States Code, is + amended by striking the item relating to section 2890a. + (2) Disclosure of personally identifiable information.--The + table of sections at the beginning of subchapter V of chapter 169 + of title 10, United States Code, is amended by striking the item + relating to section 2892b and inserting the following new item: + +``2892b. Prohibition on requirement to disclose personally identifiable + information in requests for certain maintenance.''. +SEC. 2812. REPEAL OF AUTHORITY TO LEASE SUBSTANDARD FAMILY HOUSING +UNITS TO MEMBERS OF THE UNIFORMED SERVICES. + (a) Repeal.--Section 2830 of title 10, United States Code, is +repealed. + (b) Clerical Amendment.--The table of sections at the beginning of +subchapter II of chapter 169 of title 10, United States Code, is +amended by striking the item relating to section 2830. +SEC. 2813. EXPENDITURE PRIORITIES IN USING DEPARTMENT OF DEFENSE FAMILY +HOUSING IMPROVEMENT FUND. (a) In General.--Section 2883(d)(1) of title 10, United States Code, is amended-- - (1) by inserting ``(A)'' after ``(1)''; and - (2) by adding at the end the following new subparagraph: + (1) by inserting ``(A)'' after ``(1)''; and + (2) by adding at the end the following new subparagraph: ``(B) The Secretary of Defense shall require that eligible entities receiving amounts from the Department of Defense Family Housing Improvement Fund prioritize the use of such amounts for expenditures -related to operating expenses, debt payments, and asset -recapitalization before other program management-incentive fee -expenditures.''. +related to asset recapitalization, operating expenses, and debt +payments before other program management-incentive fee expenditures. In +the case of asset recapitalization, the primary purpose of the +expenditures must be to sustain existing housing units owned or managed +by the eligible entity or for which the eligible entity is otherwise +responsible.''. (b) Effective Date.--The requirements set forth in subparagraph (B) of section 2883(d)(1) of title 10, United States Code, as added by subsection (a), shall apply to appropriate legal documents entered into @@ -49278,56 +51603,123 @@ and ``privatized military housing'' have the meanings given those terms in section 3001(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat. 1916; 10 U.S.C. 2821 note). +SEC. 2814. AVAILABILITY OF INFORMATION REGARDING ASSESSMENT OF +PERFORMANCE METRICS FOR CONTRACTS FOR PROVISION OR MANAGEMENT OF +PRIVATIZED MILITARY HOUSING. + (a) Availability of Performance Metrics Assessments; Method of +Providing.--Section 2891c(b) of title 10, United States Code, is +amended-- + (1) in the subsection heading, by inserting ``Performance + Metrics and'' before ``Use of Incentive Fees''; and + (2) in paragraph (1), by striking ``shall publish, on a + publicly accessible website, information'' and inserting the + following: ``shall make available, upon request of a tenant, at the + applicable installation housing office the following: + ``(A) An assessment of the indicators underlying the + performance metrics for each contract for the provision or + management of housing units to ensure such indicators adequately + measure the condition and quality of each housing unit covered by + the contract. + ``(B) Information''. + (b) Description of Indicators Underlying Performance Metrics.-- +Section 2891c(b) of title 10, United States Code, is further amended-- + (1) by redesignating paragraph (2) as paragraph (3); and + (2) by inserting after paragraph (1) the following new + paragraph (2): + ``(2)(A) For purposes of paragraph (1)(A), the indicators +underlying the performance metrics for a contract for the provision or +management of housing units shall measure at a minimum the following: + ``(i) Tenant satisfaction. + ``(ii) Maintenance management. + ``(iii) Safety. + ``(iv) Financial management. + ``(B) An assessment required to be made available under paragraph +(1)(A) shall include a detailed description of each indicator +underlying the performance metrics, including the following +information: + ``(i) The limitations of available survey data. + ``(ii) How tenant satisfaction and maintenance management is + calculated. + ``(iii) Whether any relevant data is missing.''. + (c) Conforming Amendments.--Paragraph (3) of section 2891c(b) of +title 10, United States Code, as redesignated by subsection (b)(1), is +amended-- + (1) by striking ``paragraph (1)'' and inserting ``paragraph + (1)(B)''; and + (2) by striking ``each contract'' and inserting ``each contract + for the provision or management of housing units''. + (d) Clerical Amendments.-- + (1) Section heading.--The heading of section 2891c of title 10, + United States Code, is amended to read as follows: +``Sec. 2891c. Transparency regarding finances and performance + metrics''. + (2) Table of sections.--The table of sections at the beginning + of subchapter V of chapter 169 of title 10, United States Code, is + amended by striking the item relating to section 2891c and + inserting the following new item: -SEC. 2812. PROMULGATION OF GUIDANCE TO FACILITATE RETURN OF MILITARY - FAMILIES DISPLACED FROM PRIVATIZED MILITARY HOUSING. - +``2891c. Transparency regarding finances and performance metrics.''. +SEC. 2815. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT +RECOMMENDATIONS RELATING TO MILITARY FAMILY HOUSING CONTAINED IN REPORT +BY INSPECTOR GENERAL OF DEPARTMENT OF DEFENSE. + Not later than 90 days after the date of the enactment of this Act, +the Secretary of Defense shall implement the recommendations of the +Inspector General of the Department of Defense contained in the report +of the Inspector General dated April 30, 2020, and entitled +``Evaluation of the DoD's Management of Health and Safety Hazards in +Government-Owned and Government-Controlled Military Family Housing''. +SEC. 2816. PROMULGATION OF GUIDANCE TO FACILITATE RETURN OF MILITARY +FAMILIES DISPLACED FROM PRIVATIZED MILITARY HOUSING. (a) Guidance Required.--The Secretary of Defense shall promulgate guidance for commanders of military installations and installation -housing management offices to facilitate and manage the return of -tenants who are displaced from privatized military housing-- - (1) as a result of an environmental hazard or other damage - adversely affecting the habitability of the privatized military - housing; or - (2) during remediation or repair activities in response to - the hazard or damages. - (b) Availability of Reimbursement.--As part of the guidance, the -Secretary of Defense shall identify situations in which a tenant of -privatized military housing should be reimbursed for losses to personal -property of the tenant that are not covered by insurance and are -incurred by the tenant in the situations described in subsection (a). +housing management offices to assist such commanders and offices in +facilitating and managing the relocation and return of tenants of +privatized military housing when tenants are displaced from such +housing-- + (1) as a result of an environmental hazard or other damage + adversely affecting the habitability of the privatized military + housing; or + (2) during remediation or repair activities in response to the + hazard or damages. + (b) Financial Impact of Displacement.--As part of the promulgation +of the guidance, the Secretary of Defense shall consider-- + (1) the extent to which displaced tenants of privatized + military housing under the circumstances described in subsection + (a) incur relocation, per diem, or similar expenses as a direct + result of such displacement that are not covered by a landlord, + insurance, or claims process; and + (2) the feasibility of providing reimbursement for uncovered + expenses. (c) Consultation.--The Secretary of Defense shall promulgate the guidance in consultation with the Secretaries of the military departments, the Chief Housing Officer, landlords, and other interested persons. (d) Implementation.--The Secretaries of the military departments -shall be responsible for ensuring the implementation of the guidance at -military installations under the jurisdiction of the Secretary -concerned. +shall be responsible for implementation of the guidance at military +installations under the jurisdiction of the Secretary concerned, while +recognizing that the guidance cannot anticipate every situation in +which tenants of privatized military housing must be displaced from +such housing under the circumstances described in subsection (a). (e) Definitions.--In this section, the terms ``landlord'', ``privatized military housing'', and ``tenant'' have the meanings given those terms in section 3001(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116- 92; 133 Stat. 1916; 10 U.S.C. 2821 note). - -SEC. 2813. PROMULGATION OF GUIDANCE ON MOLD MITIGATION IN PRIVATIZED - MILITARY HOUSING. - - (a) Guidance Required.--The Secretary of Defense shall establish a -working group to promulgate guidance regarding best practices for mold -mitigation in privatized military housing and for making the -determination regarding when the presence of mold in a unit of home -privatized military housing is an emergency situation requiring the -relocation of the residents of the unit. - (b) Members.--The working groups shall include the Surgeon Generals -of the Armed Forces and such other subject-matter experts as the -Secretary considers appropriate. - -SEC. 2814. EXPANSION OF UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED - MILITARY HOUSING AND HAZARD AND HABITABILITY INSPECTION - AND ASSESSMENT REQUIREMENTS TO GOVERNMENT-OWNED AND - GOVERNMENT-CONTROLLED MILITARY FAMILY HOUSING. - +SEC. 2817. PROMULGATION OF GUIDANCE ON RELOCATION OF RESIDENTS OF +MILITARY HOUSING IMPACTED BY PRESENCE OF MOLD. + As part of the process developed by the Secretary of Defense +pursuant to section 3053 of the Military Construction Authorization Act +for Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat. 1943; +10 U.S.C. 2821 note) to identify, record, and resolve environmental +health hazards in military housing, the Secretary shall promulgate +guidance regarding situations in which the presence of mold in a unit +of housing under the jurisdiction of the Department of Defense +(including privatized military housing) is an emergency situation +requiring the relocation of the residents of the unit. +SEC. 2818. EXPANSION OF UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED +MILITARY HOUSING AND HAZARD AND HABITABILITY INSPECTION AND ASSESSMENT +REQUIREMENTS TO GOVERNMENT-OWNED AND GOVERNMENT-CONTROLLED MILITARY +FAMILY HOUSING. (a) Uniform Code of Basic Standards for Military Housing.--The Secretary of Defense shall expand the uniform code of basic housing standards for safety, comfort, and habitability for privatized military @@ -49347,273 +51739,126 @@ outside the United States and occupied by members of the Armed Forces and commence inspections and assessments of such military family housing pursuant to the plan. -SEC. 2815. ESTABLISHMENT OF EXCEPTIONAL FAMILY MEMBER PROGRAM HOUSING - LIAISON. - - (a) Establishment.--Not later than September 30, 2021, each -Secretary of a military department shall appoint at least one -Exceptional Family Member Program housing liaison for that military -department. - (b) Duties.--The duties of a Exceptional Family Member Program -housing liaison are to assist military families enrolled in that -Program, and who are disproportionally housed in facilities under the -Military Housing Privatization Initiative, in obtaining cost-effective -services needed by such families. - -SEC. 2816. DEPARTMENT OF DEFENSE REPORT ON CRITERIA AND METRICS USED TO - EVALUATE PERFORMANCE OF LANDLORDS OF PRIVATIZED MILITARY - HOUSING THAT RECEIVE INCENTIVE FEES. - - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -Committees on Armed Services of the Senate and the House of -Representatives a report-- - (1) describing the criteria and metrics currently used by - the Department of Defense to analyze the performance of - landlords that receive incentive fees; - (2) evaluating the effectiveness of such criteria and - metrics in accurately judging the performance of such - landlords; and - (3) containing such recommendations as the Secretary - considers appropriate to revise such criteria and metrics to - better evaluate the performance of such landlords. - (b) Preparation of Report.--To prepare the report required by -subsection (a), the Secretary of Defense first shall solicit the views -of the Secretaries of the military departments. - (c) Definitions.--In this section, the terms ``incentive fees'' and -``landlord'' have the meanings given those terms in paragraphs (9) and -(10) of section 2871 of title 10, United States Code. - -SEC. 2817. REPORT ON DEPARTMENT OF DEFENSE EFFORTS REGARDING OVERSIGHT - AND ROLE IN MANAGEMENT OF PRIVATIZED MILITARY HOUSING. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall submit to the Committees on Armed -Services of the Senate and the House of Representatives a report on the -progress made by the Department of Defense in implementing the -recommendations contained in the report of the Comptroller General -regarding military housing entitled ``DOD Needs to Strengthen Oversight -and Clarify Its Role in the Management of Privatized Housing'' and -dated March 2020 (GAO-20-281). - -SEC. 2818. IMPROVED DEPARTMENT OF DEFENSE AND LANDLORD RESPONSE TO - IDENTIFICATION AND REMEDIATION OF SEVERE ENVIRONMENTAL - HEALTH HAZARDS IN MILITARY HOUSING. - - (a) Definitions.--In this section: - (1) The terms ``landlord'', ``privatized military - housing'', and ``tenant'' have the meanings given those terms - in section 3001(a) of the Military Construction Authorization - Act for Fiscal Year 2020 (division B of Public Law 116-92; 133 - Stat. 1916; 10 U.S.C. 2821 note). - (2) The term ``severe environmental health hazard'' means - asbestos, radon, lead, and such other hazardous substances as - the Secretary of Defense may designate. - (b) Guidance Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this section, the Secretary of Defense shall - issue guidance regarding hazard assessments conducted under - section 3052(b) of the Military Construction Authorization Act - for Fiscal Year 2020 (division B of Public Law 116-92; 10 - U.S.C. 2821 note) subsection (b) and under the process - developed under section 3053(a) of such Act (10 U.S.C. 2821 - note) to improve Department of Defense and landlord - identification and resolution of severe environmental health - hazards in housing under the jurisdiction of the Department of - Defense (including privatized military housing). - (2) Testing and inspection requirements.--The guidance - issued under this subsection shall specifically require, on an - annual basis or at more frequent intervals as the Secretary - considers appropriate, the following: - (A) Testing in housing under the jurisdiction of - the Department of Defense (including privatized - military housing) for known severe environmental health - hazards. - (B) Inspections of such housing to determine the - efficacy of mitigation or encapsulation measures - regarding severe environmental health hazards. Such - inspections shall be performed by qualified home - inspectors (as described in section 3051(d) of the - Military Construction Authorization Act for Fiscal Year - 2020 (division B of Public Law 116-92; 10 U.S.C. 2821 - note) and adhere to recognized industry practices and - standards. - (3) Additional requirement for lead encapsulation.--The - guidance issued under this subsection shall specifically - require that testing of the integrity of lead encapsulation - will be performed on an emergency basis at the request of the - affected tenant. - (4) Prompt notification requirement.--The results of - testing and inspections described in paragraphs (2) and (3) - shall be shared with the tenant of the affected housing within - 48 hours after receipt of the results by the housing management - office of the military installation for which the housing is - provided, the installation commander, or the landlord, - whichever occurs first. - (5) Alternative housing.--The Secretary of the military - department concerned shall provide alternative housing to - affected tenants until any discrepancies are resolved, as - provided in the department's displaced tenants policy. - (c) Additional Protections for Certain Members.--Members of the -Armed Forces assigned to a military installation who are required to -reside in on-installation housing (including privatized military -housing on the installation) because of the members' essential status -shall be provided the following information before occupying the -housing (and, in the case of privatized military housing, signing lease -documents): - (1) The most recent results of testing and inspections - described in paragraphs (2) and (3) of subsection (b) regarding - the housing. - (2) If any of the tests and inspections were positive, - information on the mitigation or encapsulation measures in - place in the housing. - (3) Information on required maintenance of mitigation - measures. - -SEC. 2819. INCLUSION OF ASSESSMENT OF PERFORMANCE METRICS IN ANNUAL - PUBLICATION ON USE OF INCENTIVE FEES FOR PRIVATIZED - MILITARY HOUSING PROJECTS. - - (a) Required Inclusion of Assessment of Performance Metrics.-- -Section 2891c(b)(1) of title 10, United States Code, is amended by -striking ``, on a publicly accessible website, information'' and -inserting the following: ``the following on a publicly accessible -website: - ``(A) For each contract for the provision or management of - housing units: - ``(i) An assessment of indicators underlying the - performance metrics under such contract to ensure such - indicators adequately measure the condition and quality - of each housing unit covered by the contract, including - the following: - ``(I) Tenant satisfaction. - ``(II) Maintenance management. - ``(III) Project safety. - ``(IV) Financial management. - ``(ii) A detailed description of each indicator - assessed under subparagraph (A), including an - indication of the following: - ``(I) The limitations of available survey - data. - ``(II) How tenant satisfaction and - maintenance management is calculated. - ``(III) Whether relevant data is missing. - ``(B) Information''. - (b) Conforming and Clerical Amendments.-- - (1) Conforming amendments.--Section 2891c(b)(2) of title - 10, United States Code, is amended-- - (A) by striking ``paragraph (1)'' and inserting - ``paragraph (1)(B)''; and - (B) by striking ``each contract'' and inserting - ``each contract for the provision or management of - housing units''. - (2) Clerical amendments.-- - (A) Section heading.--The heading of section 2891c - of title 10, United States Code, is amended to read as - follows: -``Sec. 2891c. Transparency regarding finances and performance - metrics''. - (B) Subsection heading.--Section 2891c(b) of title - 10, United States Code, is amended in the subsection - heading by striking ``Availability of Information on - Use of Incentive Fees'' and inserting ``Public - Availability of Certain Information''. - (C) Table of sections.--The table of sections at - the beginning of subchapter V of chapter 169 of title - 10, United States Code, is amended by striking the item - relating to section 2891c and inserting the following - new item: - -``2891c. Transparency regarding finances and performance metrics.''. - Subtitle C--Real Property and Facilities Administration -SEC. 2821. CODIFICATION OF REPORTING REQUIREMENTS REGARDING UNITED - STATES OVERSEAS MILITARY ENDURING LOCATIONS AND - CONTINGENCY LOCATIONS. - +SEC. 2821. ACCEPTANCE OF PROPERTY BY MILITARY SERVICE ACADEMIES, +PROFESSIONAL MILITARY EDUCATION SCHOOLS, AND MILITARY MUSEUMS SUBJECT +TO NAMING-RIGHTS CONDITION. + (a) Authority to Accept Personal Property Subject to Condition.-- +Section 2601(e) of title 10, United States Code, is amended-- + (1) in the subsection heading, by striking ``Real''; + (2) in paragraph (1), by inserting ``or personal'' after + ``real'' both places it appears; and + (3) in paragraph (3)(B), by inserting ``or personal'' after + ``real''. + (b) Eligible Recipients.--Section 2601(e) of title 10, United +States Code, is further amended-- + (1) in paragraph (1), by striking ``the United States Military + Academy, the Naval Academy, the Air Force Academy, or the Coast + Guard Academy'' and inserting ``an eligible entity''; and + (2) by adding at the end the following new paragraph: + ``(5) In this subsection, the term `eligible entity' means each of +the following: + ``(A) The United States Military Academy, the Naval Academy, + the Air Force Academy, and the Coast Guard Academy. + ``(B) The professional military education schools listed in + section 2162(d) of this title and the Defense Acquisition + University. + ``(C) A military museum.''. +SEC. 2822. CODIFICATION OF REPORTING REQUIREMENTS REGARDING UNITED +STATES OVERSEAS MILITARY ENDURING LOCATIONS AND CONTINGENCY LOCATIONS. (a) Inclusion of Information in Existing Annual Report.--Section 2687a(a) of title 10, United States Code, is amended-- - (1) in the subsection heading, by striking ``Master Plans'' - and inserting ``Overseas Military Locations''; - (2) in paragraph (1), by striking subparagraph (B) and - inserting the following new subparagraph: - ``(B) overseas military locations, whether such a location - is designated as an enduring location or contingency - location.''; and - (3) by striking paragraph (2) and inserting the following - new paragraphs: + (1) in the subsection heading, by striking ``Master Plans'' and + inserting ``Overseas Military Locations''; + (2) in paragraph (1), by striking subparagraph (B) and + inserting the following new subparagraph: + ``(B) the status of overseas military locations, whether such a + location is designated as an enduring location or contingency + location.''; and + (3) by striking paragraph (2) and inserting the following new + paragraphs: ``(2) To satisfy the reporting requirement specified in paragraph (1)(B), a report under paragraph (1) shall contain the following: - ``(A) A description of the strategic goal and operational - requirements supported by each overseas military location. - ``(B) A summary of the terms of agreements for each - overseas military location, including-- - ``(i) the type of implementing agreement; - ``(ii) any annual lease or access costs to the - United States under the agreement; and - ``(iii) any limitation on United States military - presence, activities, or operations at the overseas - military location. - ``(C) A list of all infrastructure investments made at each - overseas military location during the previous fiscal year, - delineated by project location, project title or description, - cost of project, any amount paid by a host nation to cover all - or part of the project cost, and authority used to undertake - the project. - ``(D) A list of all infrastructure requirements for each - overseas military location anticipated during the fiscal year - in which the report is submitted and the next four fiscal - years, delineated as described in subparagraph (C). - ``(E) A list of any overseas military locations newly - established during the previous fiscal year. - ``(F) A description of any plans to transition an existing - contingency overseas military location to an enduring overseas - military location or to upgrade or downgrade the designation of - an existing enduring or contingency overseas military location - during the fiscal year in which the report is submitted or the - next four fiscal years. - ``(G) A list of any overseas military locations that, - during the previous fiscal year, were transferred to the - control of security forces of the host country or another - military force, closed, or for any other reason no longer used - by the armed forces, including a summary of any costs - associated with the transfer or closure of the overseas - military location. - ``(H) A summary of the impact that the establishment or - maintenance of each overseas military location has on security - commitments undertaken by the United States pursuant to any - international security treaty or the current security - environments in the combatant commands, including United States - participation in theater security cooperation activities and - bilateral partnership, exchanges, and training exercises. - ``(I) A summary of any force protection risks identified - for each overseas military location, the actions proposed to - mitigate such risks, and the resourcing and implementation plan - to implement the mitigation actions. - ``(J) An assessment of force protection measures by host - nations for each overseas military location and recommendations - to mitigate any potential risks identified. - ``(K) Such other such matters related to overseas military - locations as the Secretary of Defense considers appropriate. - ``(3)(A) In this subsection, the term `overseas military location' -covers both enduring locations and contingency locations established -outside the United States. - ``(B) An enduring location is primarily characterized either by the -presence of permanently assigned United States forces with robust -infrastructure and quality of life amenities to support that presence, -by the sustained presence of allocated United States forces with -infrastructure and quality of life amenities consistent with that -presence, or by the periodic presence of allocated United States forces -with little or no permanent United States military presence or -controlled infrastructure. Enduring locations include main operating -bases, forward operating sites, and cooperative security locations. - ``(C) A contingency location refers to a location outside of the -United States that is not covered by subparagraph (B), but that is used -by United States forces to support and sustain operations during named -and unnamed contingency operations or other operations as directed by -appropriate authority and is categorized by mission life-cycle -requirements as initial, temporary, or semi-permanent. + ``(A) A list of overseas military locations. For any overseas + military location established during the previous fiscal year, the + reasons for the establishment of the overseas military location. + ``(B) A description of the strategic goal and operational + requirements supported by each overseas military location. + ``(C) A list of each construction or facility improvement + project carried out by the Department of Defense regardless of the + funding source, and each construction or facility improvement + project accepted as a payment-in-kind, at overseas military + locations during the previous fiscal year if the construction or + facility improvement project was not specifically authorized in a + Military Construction Authorization Act or congressional notice of + the construction or facility improvement project was not provided + by another means. Each construction or facility improvement project + on the list shall be delineated by project location, project title + or description, project cost, including costs covered by the host + country, and authority used to undertake the project. + ``(D) For each overseas military location first designated as + an enduring location in one of the previous two required reports, a + list of required construction and facility improvement projects + anticipated to be carried out by the Department of Defense directly + or through the acceptance of payments-in-kind during the fiscal + year in which the report is submitted and the next four fiscal + years. Each construction or facility improvement project on the + list shall be delineated by project location, project title or + description, estimated project cost, including costs anticipated to + be covered by the host country, and authority to be used to + undertake the project. + ``(E) An overview of any annual lease or access costs to the + United States for each overseas military location designated as an + enduring location. + ``(F) A description of any plans to transition an existing + contingency overseas military location to an enduring overseas + military location, or to upgrade or downgrade the designation of an + existing enduring or contingency overseas military location, during + the fiscal year in which the report is submitted. + ``(G) A list of any overseas military locations that, during + the previous fiscal year, were transferred to the control of + security forces of the host country or another military force, + closed, or for any other reason no longer used by the armed forces, + including a summary of any costs associated with the transfer or + closure of the overseas military location. + ``(H) A summary of any force protection risks identified for + cooperative security locations and contingency locations, the + actions proposed to mitigate such risks, and the resourcing and + implementation plan to implement the mitigation actions. + ``(I) Such other such matters related to overseas military + locations as the Secretary of Defense considers appropriate. + ``(3) In this subsection: + ``(A)(i) The term `overseas military location' covers both + enduring locations and contingency locations established outside + the United States. + ``(ii) An enduring location is primarily characterized either + by the presence of permanently assigned United States forces with + robust infrastructure and quality of life amenities to support that + presence, by the sustained presence of allocated United States + forces with infrastructure and quality of life amenities consistent + with that presence, or by the periodic presence of allocated United + States forces with little or no permanent United States military + presence or controlled infrastructure. Enduring locations include + main operating bases, forward operating sites, and cooperative + security locations. + ``(iii) A contingency location refers to a location outside of + the United States that is not covered by subparagraph (B), but that + is used by United States forces to support and sustain operations + during named and unnamed contingency operations or other operations + as directed by appropriate authority and is categorized by mission + life-cycle requirements as initial, temporary, or semi-permanent. + ``(B)(i) The term `construction or facility improvement + project' includes any construction, development, conversion, or + extension of a building, structure, or other improvement to real + property carried out at an overseas military location, whether to + satisfy temporary or permanent requirements, and any acquisition of + land for an overseas military location. + ``(ii) The term does not include repairs to a building, + structure, or other improvement to real property, unless the + building, structure, or other improvement cannot effectively be + used for its designated functional purpose in the absence of the + repairs. ``(4) The Secretary of Defense shall prepare the report under paragraph (1) in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and @@ -49621,59 +51866,69 @@ Sustainment. ``(5) A report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary.''. (b) Conforming and Clerical Amendments.-- - (1) Conforming amendments.--Section 2687a(e)(2) of title - 10, United States Code, is amended by striking ``host nation'' - both places it appears and inserting ``host country''. - (2) Section heading.--The heading of section 2687a of title - 10, United States Code, is amended to read as follows: + (1) Conforming amendments.--Section 2687a(e)(2) of title 10, + United States Code, is amended by striking ``host nation'' both + places it appears and inserting ``host country''. + (2) Section heading.--The heading of section 2687a of title 10, + United States Code, is amended to read as follows: ``Sec. 2687a. Overseas base closures and realignments and status of - United States overseas military locations''. - (3) Table of sections.--The table of sections at the - beginning of chapter 159 of title 10, United States Code, is - amended by striking the item relating to section 2687a and - inserting the following new item: + United States overseas military locations''. + (3) Table of sections.--The table of sections at the beginning + of chapter 159 of title 10, United States Code, is amended by + striking the item relating to section 2687a and inserting the + following new item: ``2687a. Overseas base closures and realignments and status of United - States overseas military locations.''. - (c) Repeal of Superceded Reporting Requirement.--Section 2816 of -the Military Construction Authorization Act for Fiscal Year 2016 -(division B of Public Law 114-92; 129 Stat. 1176) is repealed. - -SEC. 2822. LIMITATIONS ON RENEWAL OF UTILITY PRIVATIZATION CONTRACTS. - - (a) Contract Renewal Authority.--Section 2688(d)(2) of title 10, -United States Code, is amended-- - (1) by inserting ``(A)'' after ``(2)''; and - (2) by inserting after the first sentence the following new - subparagraph: - ``(B) A longer-term contract entered into under the authority of -subparagraph (A) may be renewed in the manner provided in such -subparagraph, except that such a contract renewal may only be awarded -during the final five years of the existing contract term.''. - (b) Conforming Amendments.--Section 2688(d)(2) of title 10, United -States Code, is further amended-- - (1) by striking ``The determination of cost effectiveness'' - and inserting the following: - ``(C) A determination of cost effectiveness under this paragraph''; -and - (2) by striking ``the contract'' and inserting ``the - contract or contract renewal''. - -SEC. 2823. VESTING EXERCISE OF DISCRETION WITH SERVICE SECRETARIES - REGARDING ENTERING INTO LONGER-TERM CONTRACTS FOR UTILITY - SERVICES. - + States overseas military locations.''. + + (c) Temporary Continuation of Superceded Reporting Requirement.-- +Until the Secretary of Defense submits the first report required by +section 2687a(a) of title 10, United States Code, that includes the +information required by paragraph (2) of such section, as added by +subsection (a), the Secretary of Defense shall continue to prepare and +submit the report required by section 2816 of the Military Construction +Authorization Act for Fiscal Year 2016 (division B of Public Law 114- +92; 129 Stat. 1176), notwithstanding the expiration of such reporting +requirement. +SEC. 2823. PROMOTION OF ENERGY RESILIENCE AND ENERGY SECURITY IN +PRIVATIZED UTILITY SYSTEMS. + (a) Utility Privatization Contract Renewals.--Section 2688(d)(2) of +title 10, United States Code, is amended-- + (1) in the first sentence, by inserting ``or the renewal of + such a contract'' after ``paragraph (1)''; + (2) in the second sentence, by striking ``the contract.'' and + inserting ``the contract or contract renewal.''; and + (3) by adding at the end the following new sentence: ``A + renewal of a contract pursuant to this paragraph may be entered + into only within the last five years of the existing contract + term.''. + (b) Availability of ERCIP Funds for Privatized Utility System +Activities.--Section 2914 of title 10, United States Code, as amended +by section 2805, is further amended-- + (1) by redesignating subsection (c) as subsection (d); and + (2) by inserting after subsection (b) the following new + subsection (c): + ``(c) Relation to Certain Other Authorities.--A project under this +section may include-- + ``(1) activities related to a utility system authorized under + subsections (h), (j), and (k) of section 2688 or section 2913 of + this title, notwithstanding that the United States does not own the + utility system covered by the project; and + ``(2) energy-related activities included as a separate + requirement in an energy savings performance contract (as defined + in section 804(3) of the National Energy Conservation Policy Act + (42 U.S.C. 8287c(3))).''. +SEC. 2824. VESTING EXERCISE OF DISCRETION WITH SECRETARIES OF THE +MILITARY DEPARTMENTS REGARDING ENTERING INTO LONGER-TERM CONTRACTS FOR +UTILITY SERVICES. Section 2688(d)(2) of title 10, United States Code, as amended by -section 2822, is further amended-- - (1) by striking ``The Secretary of Defense, or the designee - of the Secretary,'' and inserting ``The Secretary concerned''; - and - (2) by striking ``if the Secretary'' and inserting ``if the - Secretary concerned''. - -SEC. 2824. USE OF ON-SITE ENERGY PRODUCTION TO PROMOTE MILITARY - INSTALLATION ENERGY RESILIENCE AND ENERGY SECURITY. - +section 2823, is further amended in the first sentence-- + (1) by striking ``The Secretary of Defense, or the designee of + the Secretary,'' and inserting ``The Secretary concerned''; and + (2) by striking ``if the Secretary'' and inserting ``if the + Secretary concerned''. +SEC. 2825. USE OF ON-SITE ENERGY PRODUCTION TO PROMOTE MILITARY +INSTALLATION ENERGY RESILIENCE AND ENERGY SECURITY. (a) Promotion of On-Site Energy Security and Energy Resilience.-- Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection: @@ -49684,308 +51939,58 @@ to in this section, the Secretary concerned shall consider, when feasible, projects for the production of installation energy that benefits military readiness and promotes installation energy security and energy resilience in the following manner: - ``(A) Location of the energy-production infrastructure on - the military installation that will consume the energy. - ``(B) Incorporation of energy resilience features, such as - microgrids, to ensure that energy remains available to the - installation even when the installation is not connected to - energy sources located off the installation. - ``(C) Reduction in periodic refueling needs from sources - off the installation to not more than once every two years. + ``(A) Location of the energy-production infrastructure on the + military installation that will consume the energy. + ``(B) Incorporation of energy resilience features, such as + microgrids, to ensure that energy remains available to the + installation even when the installation is not connected to energy + sources located off the installation. + ``(C) Reduction in periodic refueling needs from sources off + the installation to not more than once every two years. ``(3) In this subsection, the term `microgrid' means an integrated energy system consisting of interconnected loads and energy resources that, if necessary, can be removed from the local utility grid and function as an integrated, stand-alone system.''. (b) Evaluation of Feasibility of Expanding Use of On-Site Energy Production.-- - (1) Projects authorized.--Subsection (h) of section 2911 of - title 10, United States Code, as added by subsection (a), is - amended by inserting after paragraph (1) the following new - paragraph: + (1) Projects authorized.--Subsection (h) of section 2911 of + title 10, United States Code, as added by subsection (a), is + amended by inserting after paragraph (1) the following new + paragraph: ``(2)(A) Using amounts made available for military construction projects under section 2914 of this title, the Secretary of Defense -shall carry out at least four projects to promote installation energy -security and energy resilience in the manner described in paragraph -(1). - ``(B) At least one project shall be designed to develop technology -that demonstrates the ability to connect an existing on-site energy -generation facility that uses solar power with one or more installation -facilities performing critical missions in a manner that allows the -generation facility to continue to provide electrical power to these -facilities even if the installation is disconnected from the commercial -power supply. - ``(C) At least one project shall be designed to develop technology -that demonstrates that one or more installation facilities performing -critical missions can be isolated, for purposes of electrical power -supply, from the remainder of the installation and from the commercial -power supply in a manner that allows an on-site energy generation -facility that uses a renewable energy source, other than solar energy, -to provide the necessary power exclusively to these facilities. - ``(D) At least two projects shall be designed to develop technology -that demonstrates the ability to store sufficient electrical energy -from an on-site energy generation facility that uses a renewable energy -source to provide the electrical energy required to continue operation -of installation facilities performing critical missions during -nighttime operations. - ``(E) The Secretary of Defense may not select as the site of a -project under this paragraph a military installation that already has -the ability to satisfy any of the project requirements described in -subparagraph (B), (C), or (D). - ``(F) The authority of the Secretary of Defense to commence a -project under this paragraph expires on September 30, 2025.''. - (2) Briefing.--Not later than March 1, 2021, the Secretary - of Defense shall brief the congressional defense committees - regarding the plan to carry out the on-site energy production - projects authorized by paragraph (2) of section 2911 of title - 10, United States Code, as added by paragraph (1). - -SEC. 2825. AVAILABILITY OF ENERGY RESILIENCE AND CONSERVATION - INVESTMENT PROGRAM FUNDS FOR CERTAIN ACTIVITIES RELATED - TO PRIVATIZED UTILITY SYSTEMS. - - Section 2914(a) of title 10, United States Code, is amended-- - (1) by inserting ``(1)'' before ``The Secretary of - Defense''; and - (2) by adding at the end the following new paragraph: - ``(2) For purposes of this section, a military construction project -is deemed to include activities related to utility systems authorized -under subsections (h), (j), and (k) of section 2688 or section 2913 of -this title, notwithstanding that the United States does not own the -utility system, and energy-related activities included as a separate -requirement in an energy savings performance contract (as defined in -section 804(3) of the National Energy Conservation Policy Act (42 -U.S.C. 8287c(3))).''. - -SEC. 2826. IMPROVING WATER MANAGEMENT AND SECURITY ON MILITARY - INSTALLATIONS. - - (a) Risk-Based Approach to Installation Water Management and -Security.-- - (1) General requirement.--The Secretary concerned shall - adopt a risk-based approach to water management and security - for each military installation under the jurisdiction of the - Secretary. - (2) Implementation priorities.--The Secretary concerned - shall begin implementation of paragraph (1) by prioritizing - those military installations under the jurisdiction of the - Secretary that the Secretary determines-- - (A) are experiencing the greatest risks to - sustainable water management and security; and - (B) face the most severe existing or potential - adverse impacts to mission assurance as a result of - such risks. - (3) Determination method.--Determinations under paragraph - (2) shall be made on the basis of the water management and - security assessments made by the Secretary concerned under - subsection (b). - (b) Water Management and Security Assessments.-- - (1) Assessment methodology.--The Secretaries concerned, - acting jointly, shall develop a methodology to assess risks to - sustainable water management and security and mission - assurance. - (2) Elements.--Required elements of the assessment - methodology shall include the following: - (A) An evaluation of the water sources and supply - connections for a military installation, including - water flow rate and extent of competition for the water - sources. - (B) An evaluation of the age, condition, and - jurisdictional control of water infrastructure serving - the military installation. - (C) An evaluation of the military installation's - water-security risks related to drought-prone climates, - impacts of defense water usage on regional water - demands, water quality, and legal issues, such as water - rights disputes. - (D) An evaluation of the resiliency of the military - installation's water supply and the overall health of - the aquifer basin of which the water supply is a part, - including the robustness of the resource, redundancy, - and ability to recover from disruption. - (E) An evaluation of existing water metering and - consumption at the military installation, considered at - a minimum-- - (i) by type of installation activity, such - as training, maintenance, medical, housing, and - grounds maintenance and landscaping; and - (ii) by fluctuations in consumption, - including peak consumption by quarter. - (c) Evaluation of Installations for Potential Net Zero Water -Usage.-- - (1) Evaluation required.--The Secretary concerned shall - conduct an evaluation of each military installation under the - jurisdiction of the Secretary to determine the potential for - the military installation, or at a minimum certain installation - activities, to achieve net zero water usage. - (2) Elements.--Required elements of each evaluation shall - include the following: - (A) An evaluation of alternative water sources to - offset use of freshwater, including water recycling and - harvested rainwater for use as non-potable water. - (B) An evaluation of the practicality of - implementing Department of Energy guidelines for net - zero water usage, when practicable to minimize water - consumption and wastewater discharge in buildings - scheduled for renovation. - (C) An evaluation of the practicality of - implementing net zero water usage technology into new - construction in water-constrained areas, as determined - by water management and security assessments conducted - under subsection (b). - (d) Improved Landscaping Management Practices.-- - (1) Landscaping management.--The Secretary concerned shall - implement, to the maximum extent practicable, at each military - installation under the jurisdiction of the Secretary - landscaping management practices to increase water resilience - and ensure greater quantities of water availability for - operational, training, and maintenance requirements. - (2) Arid or semi-arid climates.--For military installations - located in arid or semi-arid climates, landscaping management - practices shall include the use of xeriscaping. - (3) Non-arid climates.--For military installations located - in arid or non-arid climates, landscaping management practices - shall include the use of plants common to the region in which - the installation is located and native grasses and plants. - (4) Pollinator conservation reference guide.--The Secretary - concerned shall follow the recommendations of the Department of - Defense Pollinator Conservation Reference Guide (September - 2018) to the maximum extent practicable in order to reduce - operation and maintenance costs related to landscaping - management, while improving area management. Consistent with - such guide, in the preparation of a military installation - landscaping plan, the Secretary concerned should consider the - following: - (A) Adding native flowering plants to sunny open - areas and removing overhanging tree limbs above open - patches within forested areas or dense shrub. - (B) Removing or controlling invasive plants to - improve pollinator habitat. - (C) Preserving known and potential pollinator - nesting and overwintering sites. - (D) Eliminating or minimizing pesticide use in - pollinator habitat areas. - (E) Mowing in late fall or winter after plants have - bloomed and set seed, adjusting timing to avoid - vulnerable life stages of special status pollinators. - (F) Mowing mid-day when adult pollinators can avoid - mowing equipment. - (e) Implementation Report.-- - (1) Report required.--Not later than 1 year after the date - of the enactment of this Act, the Secretary of Defense, in - coordination with the other Secretaries concerned, shall submit - to the Committees on Armed Services of the Senate and the House - of Representatives a report on the progress made in - implementing this section. - (2) Report elements.--The report shall include the - following: - (A) The methodology developed under subsection (b) - to conduct water management and security assessments. - (B) A list of the military installations that have - been assessed using such methodology and a description - of the findings. - (C) A list of planned assessments for the one-year - period beginning on the date of the submission of the - report. - (D) An evaluation of the progress made on - implementation of xeriscaping and other regionally - appropriate landscaping practices at military - installations. - (f) Definitions.--In this section: - (1) The term ``net zero water usage'', with respect to a - military installation or installation activity, means a - situation in which the combination of limitations on the - consumption of water resources and the return of water to an - original water source by the installation or activity is - sufficient to prevent any reduction in the water resources of - the area in both quantity and quality over a reasonable period - of time. - (2) The terms ``Secretary concerned'' and ``Secretary'' - mean the Secretary of a military department and the Secretary - of Defense with respect to the Pentagon Reservation. - (3) The term ``xeriscaping'' means landscape design that - emphasizes low water use and drought-tolerant plants that - require little or no supplemental irrigation. - -SEC. 2827. PILOT PROGRAM TO TEST USE OF EMERGENCY DIESEL GENERATORS IN - A MICROGRID CONFIGURATION AT CERTAIN MILITARY - INSTALLATIONS. - - (a) Pilot Program Authorized.--The Secretary of Defense may conduct -a pilot program (to be known as the Emergency Diesel Generator -Microgrid Program) to evaluate the feasibility and cost effectiveness -of connecting existing diesel generators at a military installation -selected pursuant to subsection (c) to create and support one or more -microgrid configurations at the installation capable of providing full- -scale electrical power for the defense critical facilities located at -the installation during an emergency involving the loss of external -electric power supply caused by an extreme weather condition, manmade -intentional infrastructure damage, or other circumstances. - (b) Goal of Pilot Program.--The goals of the Emergency Diesel -Generator Microgrid Program are-- - (1) to test assumptions about lower operating and - maintenance costs, parts interchangeability, lower emissions, - lower fuel usage, increased resiliency, increased reliability, - and reduced need for emergency diesel generators; and - (2) to establish design criteria that could be used to - build and sustain emergency diesel generator microgrids at - other military installations. - (c) Pilot Program Locations.--As the locations to conduct the -Emergency Diesel Generator Microgrid Program, the Secretary of Defense -shall select two major military installations located in different -geographical regions of the United States that the Secretary -determines-- - (1) are defense critical electric infrastructure sites or - contain, or are served by, defense critical electric - infrastructure; - (2) contain more than one defense critical function for - national defense purposes and the mission assurance of such - critical defense facilities are paramount to maintaining - national defense and force projection capabilities at all - times; and - (3) face unique electric energy supply, delivery, and - distribution challenges that, based on the geographic location - of the installations and the overall physical size of the - installations, adversely impact rapid electric infrastructure - restoration after an interruption. - (d) Specifications of Diesel Generators and Microgrid.-- - (1) Generator specifications.--The Secretary of Defense - shall use existing diesel generators that are sized >/= 750kW - output. - (2) Microgrid specifications.--The Secretary of Defense - shall create the microgrid using commercially available and - proven designs and technologies. The existing diesel generators - used for the microgrid should be spaced within 1.0 to 1.5 mile - of each other and, using a dedicated underground electric cable - network, be tied into a microgrid configuration sufficient to - supply mission critical facilities within the service area of - the microgrid. A selected military installation may contain - more than one such microgrid under the Emergency Diesel - Generator Microgrid Program. - (e) Program Authorities.--The Secretary of Defense may use the -authority under section 2914 of title 10, United States Code (known as -the Energy Resilience and Conservation Investment Program) and energy -savings performance contracts to conduct the Emergency Diesel Generator -Microgrid Program. - (f) Definitions.--For purposes of the Emergency Diesel Generator -Microgrid Program: - (1) The term ``defense critical electric infrastructure'' - has the meaning given that term in section 215A of the Federal - Power Act (16 U.S.C. 824o-1). - (2) The term ``energy savings performance contract'' has - the meaning given that term in section 804(3) of the National - Energy Conservation Policy Act (42 U.S.C. 8287c(3)). - (3) The term ``existing diesel generators'' means diesel - generators located, as of the date of the enactment of this - Act, at a major military installation selected as a location - for the Emergency Diesel Generator Microgrid Program and - intended for emergency use. - (4) The term ``major military installation'' has the - meaning given that term in section 2864 of title 10, United - States Code. - -SEC. 2828. IMPROVED ELECTRICAL METERING OF DEPARTMENT OF DEFENSE - INFRASTRUCTURE SUPPORTING CRITICAL MISSIONS. - +shall carry out at least four projects to promote installation energy +security and energy resilience in the manner described in paragraph +(1). + ``(B) At least one project shall be designed to develop technology +that demonstrates the ability to connect an existing on-site energy +generation facility that uses solar power with one or more installation +facilities performing critical missions in a manner that allows the +generation facility to continue to provide electrical power to these +facilities even if the installation is disconnected from the commercial +power supply. + ``(C) At least one project shall be designed to develop technology +that demonstrates that one or more installation facilities performing +critical missions can be isolated, for purposes of electrical power +supply, from the remainder of the installation and from the commercial +power supply in a manner that allows an on-site energy generation +facility that uses a renewable energy source, other than solar energy, +to provide the necessary power exclusively to these facilities. + ``(D) At least two projects shall be designed to develop technology +that demonstrates the ability to store sufficient electrical energy +from an on-site energy generation facility that uses a renewable energy +source to provide the electrical energy required to continue operation +of installation facilities performing critical missions during +nighttime operations. + ``(E) The authority of the Secretary of Defense to commence a +project under this paragraph expires on September 30, 2025.''. + (2) Briefing.--Not later than March 1, 2021, the Secretary of + Defense shall brief the congressional defense committees regarding + the plan to carry out the on-site energy production projects + authorized by paragraph (2) of section 2911(h) of title 10, United + States Code, as added by paragraph (1). +SEC. 2826. IMPROVED ELECTRICAL METERING OF DEPARTMENT OF DEFENSE +INFRASTRUCTURE SUPPORTING CRITICAL MISSIONS. (a) Options To Improve Electrical Metering.--The Secretary of Defense and the Secretaries of the military departments shall improve the metering of electrical energy usage of covered defense structures @@ -49995,239 +52000,207 @@ combination of the options specified in subsection (b) or such other methods as the Secretary concerned considers practicable. (b) Metering Options.--Electrical energy usage options to be considered for a covered defense structure include the following: - (1) Installation of a smart meter at the electric power - supply cable entry point of the covered defense structure, with - remote data storage and retrieval capability using cellular - communication, to provide historical energy usage data on an - hourly basis to accurately determine the optimum cost effective - energy efficiency and energy resilience measures for the - covered defense structure. - (2) Use of an energy usage audit firm to individually meter - the covered defense structure using clamp-on meters and data - storage to provide year-long electric energy load profile data, - particularly in the case of a covered defense structure located - in climates with highly variable use based on weather or - temperature changes to accurately identify electric energy - usage demand for both peak and off peak periods for a covered - defense structure. - (3) Manual collection and calculation of the connected load - via nameplate data survey of all the connected electrical - devices for the covered defense structure and comparing it to - the designed maximum rating of the incoming electric supply to - determine the maximum electrical load for the covered defense - structure. - (c) Consideration of Partnerships.--The Secretary of Defense and + (1) Installation of a smart meter at the electric power supply + cable entry point of the covered defense structure, with remote + data storage and retrieval capability using cellular communication, + to provide historical energy usage data on an hourly basis to + accurately determine the optimum cost effective energy efficiency + and energy resilience measures for the covered defense structure. + (2) Use of an energy usage audit firm to individually meter the + covered defense structure using clamp-on meters and data storage to + provide year-long electric energy load profile data, particularly + in the case of a covered defense structure located in climates with + highly variable use based on weather or temperature changes, to + accurately identify electric energy usage demand for both peak and + off peak periods for a covered defense structure. + (3) Manual collection and calculation of the connected load via + nameplate data survey of all the connected electrical devices for + the covered defense structure and comparison of such data to the + designed maximum rating of the incoming electric supply to + determine the maximum electrical load for the covered defense + structure. + (c) Cybersecurity.--The Secretary of Defense and the Secretaries of +the military departments shall consult with the Chief Information +Officer of the Department of Defense to ensure that the electrical +energy metering options considered under subsection (b) do not +compromise the cybersecurity of Department of Defense networks. + (d) Consideration of Partnerships.--The Secretary of Defense and the Secretaries of the military departments shall consider the use of arrangements (known as public-private partnerships) with appropriate entities outside the Government to reduce the cost of carrying out this section. - (d) Definitions.--In this section: - (1) The term ``covered defense structure'' means any - infrastructure under the jurisdiction of the Department of - Defense inside the United States that the Secretary of Defense - or the Secretary of the military department concerned - determines-- - (A) is used to support a critical mission of the - Department; and - (B) is located at a military installation with - base-wide resilient power. - (2) The term ``energy resilience'' has the meaning given - that term in section 101(e)(6) of title 10, United States Code. - (e) Implementation Report.--As part of the Department of Defense + (e) Definitions.--In this section: + (1) The term ``covered defense structure'' means any + infrastructure under the jurisdiction of the Department of Defense + inside the United States that the Secretary of Defense or the + Secretary of the military department concerned determines-- + (A) is used to support a critical mission of the + Department; and + (B) is located at a military installation with base-wide + resilient power. + (2) The term ``energy resilience'' has the meaning given that + term in section 101(e)(6) of title 10, United States Code. + (f) Implementation Report.--As part of the Department of Defense energy management report to be submitted under section 2925 of title 10, United States Code, during fiscal year 2022, the Secretary of Defense shall include information on the progress being made to comply with the requirements of this section. - -SEC. 2829. RENAMING CERTAIN MILITARY INSTALLATIONS AND OTHER DEFENSE - PROPERTY. - - (a) Definitions.--In this section: - (1) The term ``advisory panel'' means an advisory panel - established by the Secretary concerned to assist the Secretary - concerned in the renaming process required by this section. - (2) The term ``covered defense property'' means any real - property, including any building, structure, or other - improvement to real property thereon, under the jurisdiction of - the Secretary concerned that is named after any person who - served in the political or military leadership of any armed - rebellion against the United States. - (3) The term ``covered military installation'' means a - military installation or reserve component facility that is - named after any person who served in the political or military - leadership of any armed rebellion against the United States. - (4) The term ``identification report'' means the initial - report required by subsection (c) that identifies covered - military installations and covered defense property. - (5) The term ``military installation'' has the meaning - given that term in section 2801(c) of title 10, United States - Code. - (6) The term ``other improvement'' includes any library, - classroom, parade ground or athletic field, training range, - roadway, or similar physical feature. - (7) The term ``process report'' means the report required - by subsection (d) that describes the renaming process to be - used by the Secretary concerned. - (8) The term ``renaming report'' means the final report - required by subsection (f) that provides new names for covered - military installations and covered defense property. - (9) The term ``reserve component facility'' has the meaning - given the term ``facility'' in section 18232 of title 10, - United States Code, and covers those facilities for which title - is vested in the United States or for which the Secretary of - Defense contributed funds under section 18233(a) of such title - or former section 2233 of such title. - (10) The term ``Secretary concerned'' means the Secretary - of a military department and includes the Secretary of Defense - with respect to matters concerning the Defense Agencies. - (b) Renaming Required; Deadline.--Not later than 1 year after the -date of the enactment of this Act, the Secretary concerned shall-- - (1) complete the renaming process required by this section; - and - (2) commence the renaming of each covered military - installation and covered defense property identified in the - renaming report pursuant to the guidance issued by the - Secretary concerned under subsection (f). - (c) Identification Report; Deadline.--Not later than 60 days after -the date of the enactment of this Act, each Secretary concerned shall -submit to the congressional defense committees a report that identifies -each covered military installation and all covered defense property -under the jurisdiction of the Secretary concerned that the Secretary -concerned determines satisfies the definitions given those terms in -subsection (a). - (d) Process Report; Deadline.-- - (1) Report required.--Not later than 90 days after the date - of the enactment of this Act, each Secretary concerned shall - submit to the congressional defense committees a report - describing the process by which the Secretary concerned will - rename each covered military installation and covered defense - property identified in the renaming report prepared by the - Secretary concerned. - (2) Report elements.--At minimum, the process report shall - contain the following elements: - (A) A detailed description of the process to be - used by the Secretary concerned to develop a list of - potential names for renaming covered military - installations and covered defense property. - (B) An explanation regarding whether or not the - Secretary concerned established, or will establish, an - advisory panel to support the review process and make - recommendations to the Secretary concerned. If the - Secretary concerned has established, or will establish, - an advisory panel, the report shall include the names - and positions of the individuals who will serve on the - advisory panel that represent: - (i) Military leadership from covered - military installations. - (ii) Military leadership from military - installations containing covered defense - property. - (iii) State leaders and leaders of the - locality in which a covered military - installation or covered defense property is - located. - (iv) Representatives from military museums, - military historians, or relevant historians - from the impacted States and localities with - relevant expertise. - (v) Community civil rights leaders. - (C) The criteria the Secretary concerned will use - to inform the renaming process. - (D) A description of the process for accepting and - considering public comments from members of the Armed - Forces, veterans, and members of the local community on - potential names for renaming covered military - installations and covered defense property. - (E) A timeline for the renaming process consistent - with the deadline specified in subsection (b). - (e) Congressional Guidance on Renaming Criteria.-- - (1) Preferences.--As part of the renaming process - established by the Secretary concerned and described in the - process report required by subsection (c), the Secretary - concerned shall give a preference for renaming covered military - installations and covered defense property after either-- - (A) a battlefield victory by the Armed Forces - consistent with current Department of Defense naming - conventions; or - (B) a deceased member of the Armed Forces (other - than the limited exception described in clause (iv)) - who satisfies one of more of the following: - (i) Was a recipient of the Congressional - Medal of Honor. - (ii) Was recognized for heroism in combat - or for other significant contributions to the - United States. - (iii) Was a member of a minority group who - overcame prejudice and adversity to perform - distinguished military service. - (iv) Is a deceased woman who overcame - prejudice and adversity to perform - distinguished military service on behalf of the - United States, including a woman who performed - such distinguished military service (whether - temporary service, auxiliary service, or other - qualifying military service) before 1948 when - women were allowed to officially join the Armed - Forces. - (v) Has links to the community or State - where the military installation or covered - property is located. - (vi) Served at the covered military - installation, in a unit of the Armed Forces - based at the covered installation; or at the - military installation containing the covered - defense property. - (2) Other considerations.-- - (A) Junior servicemembers.--Junior members of the - Armed Forces should be favored in the renaming process - over general officers or flag officers. - (B) Branch consideration.--A deceased member of the - Armed Forces whose name is selected in the renaming - process should have served in the same Armed Force as - the majority of the members of the Armed Forces - stationed at the covered military installation renamed - in honor of the deceased member or at which the renamed - covered defense property is located. - (C) Conflict consideration.--The names selected in - the renaming process should recognize and reflect - significant battles or contingency operations since - 1917 or the contributions of members of the Armed - Forces who served in wars and contingency operations - since 1917. - (D) Personal conduct.--A deceased member of the - Armed Forces whose name is selected in the renaming - process should be a person whose personal conduct - reflects the current values of the Armed Forces and its - members. - (f) Renaming Report; Deadline.-- - (1) Report required.--Upon completing the renaming process - identified in the process report, but not later than 30 days - before the deadline specified in subsection (b), each Secretary - concerned shall submit to the congressional defense committees - a final report containing the list of the new names chosen for - each covered military installation and covered defense property - identified in the identification report prepared by the - Secretary concerned. - (2) Report elements.--At minimum, the renaming report shall - contain an explanation of the reasons for the selection of each - new name chosen for covered military installations and covered - defense property. - (3) Public availability.--The Secretary concerned shall - make the renaming report publicly available as soon as - practicable after submission of the renaming report. - (4) Guidance for actual renaming.--Not later than 30 days - after submission of the renaming report, the Secretary - concerned shall issue guidance to promptly affect the name - changes contained in the renaming report. - (g) Savings Clause.--Nothing in this section or the renaming -process required by this section shall be construed to have any effect -on grave markers or cemeteries that may exist on real property under -the jurisdiction of the Department of Defense. +SEC. 2827. IMPROVING WATER MANAGEMENT AND SECURITY ON MILITARY +INSTALLATIONS. + (a) Risk-Based Approach to Installation Water Management and +Security.-- + (1) General requirement.--The Secretary concerned shall adopt a + risk-based approach to water management and security for each + military installation under the jurisdiction of the Secretary. + (2) Implementation priorities.--The Secretary concerned shall + begin implementation of paragraph (1) by prioritizing those + military installations under the jurisdiction of the Secretary that + the Secretary determines-- + (A) are experiencing the greatest risks to sustainable + water management and security; and + (B) face the most severe existing or potential adverse + impacts to mission assurance as a result of such risks. + (3) Determination method.--Determinations under paragraph (2) + shall be made on the basis of the water management and security + assessments made by the Secretary concerned under subsection (b). + (b) Water Management and Security Assessments.-- + (1) Assessment methodology.--The Secretaries concerned, acting + jointly, shall develop a methodology to assess risks to sustainable + water management and security and mission assurance. + (2) Elements.--Required elements of the assessment methodology + shall include the following: + (A) An evaluation of the water sources and supply + connections for a military installation, including water flow + rate and extent of competition for the water sources. + (B) An evaluation of the age, condition, and jurisdictional + control of water infrastructure serving the military + installation. + (C) An evaluation of the military installation's water- + security risks related to drought-prone climates, impacts of + defense water usage on regional water demands, water quality, + and legal issues, such as water rights disputes. + (D) An evaluation of the resiliency of the military + installation's water supply and the overall health of the + aquifer basin of which the water supply is a part, including + the robustness of the resource, redundancy, and ability to + recover from disruption. + (E) An evaluation of existing water metering and + consumption at the military installation, considered at a + minimum-- + (i) by type of installation activity, such as training, + maintenance, medical, housing, and grounds maintenance and + landscaping; and + (ii) by fluctuations in consumption, including peak + consumption by quarter. + (c) Evaluation of Installations for Potential Net Zero Water +Usage.-- + (1) Evaluation required.--The Secretary concerned shall conduct + an evaluation of each military installation under the jurisdiction + of the Secretary to determine the potential for the military + installation, or at a minimum certain installation activities, to + achieve net zero water usage. + (2) Elements.--Required elements of each evaluation shall + include the following: + (A) An evaluation of alternative water sources to offset + use of freshwater, including water recycling and harvested + rainwater for use as non-potable water. + (B) An evaluation of the feasibility of implementing + Department of Energy guidelines for net zero water usage, when + practicable, to minimize water consumption and wastewater + discharge in buildings scheduled for renovation. + (C) An evaluation of the practicality of implementing net + zero water usage technology into new construction in water- + constrained areas, as determined by water management and + security assessments conducted under subsection (b). + (d) Improved Landscaping Management Practices.-- + (1) Landscaping management.--The Secretary concerned shall + implement, to the maximum extent practicable, at each military + installation under the jurisdiction of the Secretary landscaping + management practices to increase water resilience and ensure + greater quantities of water availability for operational, training, + and maintenance requirements. + (2) Arid or semi-arid climates.--For military installations + located in arid or semi-arid climates, landscaping management + practices shall include the use of xeriscaping. + (3) Non-arid climates.--For military installations located in + non-arid climates, landscaping management practices shall include + the use of plants common to the region in which the installation is + located and native grasses and plants. + (4) Pollinator conservation reference guide.--The Secretary + concerned shall follow the recommendations of the Department of + Defense Pollinator Conservation Reference Guide (September 2018) to + the maximum extent practicable in order to reduce operation and + maintenance costs related to landscaping management, while + improving area management. Consistent with such guide, in the + preparation of a military installation landscaping plan, the + Secretary concerned should consider the following: + (A) Adding native flowering plants to sunny open areas and + removing overhanging tree limbs above open patches within + forested areas or dense shrub. + (B) Removing or controlling invasive plants to improve + pollinator habitat. + (C) Preserving known and potential pollinator nesting and + overwintering sites. + (D) Eliminating or minimizing pesticide use in pollinator + habitat areas. + (E) Mowing in late fall or winter after plants have bloomed + and set seed, adjusting timing to avoid vulnerable life stages + of special status pollinators. + (F) Mowing mid-day when adult pollinators can avoid mowing + equipment. + (e) Implementation Report.-- + (1) Report required.--Not later than one year after the date of + the enactment of this Act, the Secretary of Defense, in + coordination with the other Secretaries concerned, shall submit to + the Committees on Armed Services of the Senate and the House of + Representatives a report on the progress made in implementing this + section. + (2) Report elements.--The report shall include the following: + (A) The methodology developed under subsection (b) to + conduct water management and security assessments. + (B) A list of the military installations that have been + assessed using such methodology and a description of the + findings. + (C) A list of planned assessments for the one-year period + beginning on the date of the submission of the report. + (D) An evaluation of the progress made on implementation of + xeriscaping and other regionally appropriate landscaping + practices at military installations. + (f) Definitions.--In this section: + (1) The term ``net zero water usage'', with respect to a + military installation or installation activity, means a situation + in which the combination of limitations on the consumption of water + resources and the return of water to an original water source by + the installation or activity is sufficient to prevent any reduction + in the water resources of the area in both quantity and quality + over a reasonable period of time. + (2) The terms ``Secretary concerned'' and ``Secretary'' mean + the Secretary of a military department and the Secretary of Defense + with respect to the Pentagon Reservation. + (3) The term ``xeriscaping'' means landscape design that + emphasizes low water use and drought-tolerant plants that require + little or no supplemental irrigation. +SEC. 2828. PROHIBITION RELATING TO CLOSURE OR RETURN TO HOST NATION OF +EXISTING MILITARY INSTALLATIONS, INFRASTRUCTURE, OR REAL PROPERTY IN +EUROPE. + (a) Prohibition on Closure or Return.--Except as provided by +subsection (b), the Secretary of Defense shall not implement any +activity that closes or returns to the host nation any military +installation, infrastructure, or real property in Europe that, as of +the date of enactment of this Act, is under the operational control of +the Department of Defense or a military department and is utilized by +the United States Armed Forces. + (b) Waiver and Exception.--The Secretary of Defense may waive the +prohibition under subsection (a) if the Secretary certifies to the +congressional defense committees that there is no longer a foreseeable +need for the military installation, infrastructure, or real property, +or a portion of the military installation in the case of a partial +closure and return of a military installation, to support a permanent +or rotational United States military presence in the European theater. Subtitle D--Land Conveyances SEC. 2831. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA. - (a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the State of Arizona Department of Emergency and Military Affairs (in this section referred to as the ``State'') all @@ -50235,79 +52208,75 @@ right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of not more than 3,000 acres at Camp Navajo, Arizona, for the purpose of permitting the State to use the property-- - (1) for training the Arizona Army National Guard and Air - National Guard; and - (2) for defense industrial base economic development - purposes that are compatible with the environmental security - and primary National Guard training purpose of Camp Navajo. + (1) for training the Arizona Army National Guard and Air + National Guard; and + (2) for defense industrial base economic development purposes + that are compatible with the environmental security and primary + National Guard training purpose of Camp Navajo. (b) Condition of Conveyance.-- - (1) Use of revenues.--The authority of the Secretary of the - Army to make the conveyance described in subsection (a) is - subject to the condition that the State agree that all revenues - generated from the use of the property conveyed under such - subsection will be used to support the training requirements of - the Arizona Army National Guard and Air National Guard, - including necessary infrastructure maintenance and capital - improvements. - (2) Audit.--The United States Property and Fiscal Office - for Arizona shall-- - (A) conduct periodic audits of all revenues - generated by uses of the conveyed property and the use - of such revenues; and - (B) provide the audit results to the Chief of the - National Guard Bureau. + (1) Use of revenues.--The authority of the Secretary of the + Army to make the conveyance described in subsection (a) is subject + to the condition that the State agree that all revenues generated + from the use of the property conveyed under such subsection will be + used to support the training requirements of the Arizona Army + National Guard and Air National Guard, including necessary + infrastructure maintenance and capital improvements. + (2) Audit.--The United States Property and Fiscal Office for + Arizona shall-- + (A) conduct periodic audits of all revenues generated by + uses of the conveyed property and the use of such revenues; and + (B) provide the audit results to the Chief of the National + Guard Bureau. (c) Reversionary Interest.-- - (1) Interest retained.--If the Secretary of the Army - determines at any time that the property conveyed under - subsection (a) is not being used in accordance with the - purposes of the conveyance specified in such subsection, or - that the State has not complied with the condition imposed by - subsection (b), all right, title, and interest in and to the - conveyed property, including any improvements thereon, shall, - at the option of the Secretary, revert to and become the - property of the United States, and the United States shall have - the right of immediate entry onto the Property. - (2) Determination.--A determination by the Secretary under - this subsection shall be made on the record after an - opportunity for a hearing. + (1) Interest retained.--If the Secretary of the Army determines + at any time that the property conveyed under subsection (a) is not + being used in accordance with the purposes of the conveyance + specified in such subsection, or that the State has not complied + with the condition imposed by subsection (b), all right, title, and + interest in and to the conveyed property, including any + improvements thereon, shall, at the option of the Secretary, revert + to and become the property of the United States, and the United + States shall have the right of immediate entry onto the property. + (2) Determination.--A determination by the Secretary under this + subsection shall be made on the record after an opportunity for a + hearing. (d) Alternative Consideration Option.-- - (1) Consideration option.--In lieu of exercising the - reversionary interest retained under subsection (c), the - Secretary of the Army may accept an offer by the State to pay - to the United States an amount equal to the fair market value - of the property conveyed under subsection (a), excluding the - value of any improvements on the conveyed property constructed - without Federal funds after the date of the conveyance is - completed, as determined by the Secretary. - (2) Treatment of consideration received.--Consideration - received by the Secretary under paragraph (1) shall be - deposited in the special account in the Treasury established - for the Secretary under subsection (e) of section 2667 of title - 10, United States Code, and shall be available to the Secretary - for the same uses and subject to the same limitations as - provided in that section. + (1) Consideration option.--In lieu of exercising the + reversionary interest retained under subsection (c), the Secretary + of the Army may accept an offer by the State to pay to the United + States an amount equal to the fair market value of the property + conveyed under subsection (a), excluding the value of any + improvements on the conveyed property constructed without Federal + funds after the date of the conveyance is completed, as determined + by the Secretary. + (2) Treatment of consideration received.--Consideration + received by the Secretary under paragraph (1) shall be deposited in + the special account in the Treasury established for the Secretary + under subsection (e) of section 2667 of title 10, United States + Code, and shall be available to the Secretary for the same uses and + subject to the same limitations as provided in that section. (e) Payment of Costs of Conveyance.-- - (1) Payment required.--The Secretary of the Army shall - require the State to cover costs to be incurred by the - Secretary, or to reimburse the Secretary for such costs - incurred by the Secretary, to carry out the conveyance under - subsection (a), including survey costs, costs for environmental - documentation related to the conveyance, and any other - administrative costs related to the conveyance. If amounts are - collected from the State in advance of the Secretary incurring - the actual costs, and the amount collected exceeds the costs - actually incurred by the Secretary to carry out the conveyance, - the Secretary shall refund the excess amount to the State. - (2) Treatment of amounts received.--Amounts received as - reimbursement under paragraph (1) shall be credited to the fund - or account that was used to cover those costs incurred by the - Secretary in carrying out the conveyance or, if the period of - availability for obligations for that appropriation has - expired, to the fund or account currently available to the - Secretary for the same purpose. Amounts so credited shall be - merged with amounts in such fund or account, and shall be - available for the same purposes, and subject to the same - conditions and limitations, as amounts in such fund or account. + (1) Payment required.--The Secretary of the Army shall require + the State to cover costs to be incurred by the Secretary, or to + reimburse the Secretary for such costs incurred by the Secretary, + to carry out the conveyance under subsection (a), including survey + costs, costs for environmental documentation related to the + conveyance, and any other administrative costs related to the + conveyance. If amounts are collected from the State in advance of + the Secretary incurring the actual costs, and the amount collected + exceeds the costs actually incurred by the Secretary to carry out + the conveyance, the Secretary shall refund the excess amount to the + State. + (2) Treatment of amounts received.--Amounts received as + reimbursement under paragraph (1) shall be credited to the fund or + account that was used to cover those costs incurred by the + Secretary in carrying out the conveyance or, if the period of + availability for obligations for that appropriation has expired, to + the fund or account currently available to the Secretary for the + same purpose. Amounts so credited shall be merged with amounts in + such fund or account, and shall be available for the same purposes, + and subject to the same conditions and limitations, as amounts in + such fund or account. (f) Description of Property.--The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army. @@ -50324,22 +52293,20 @@ conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. These additional terms may include a requirement for the State to consult with the Secretary of the Navy regarding use of the conveyed property. - SEC. 2832. MODIFICATION OF LAND EXCHANGE INVOLVING NAVAL INDUSTRIAL - RESERVE ORDNANCE PLANT, SUNNYVALE, CALIFORNIA. - +RESERVE ORDNANCE PLANT, SUNNYVALE, CALIFORNIA. (a) Elements of Exchange.--Section 2841(a) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1860) is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs: - ``(1) real property, including improvements thereon, - located in Titusville, Florida, that will replace the NIROP and - meet the readiness requirements of the Department of the Navy, - as determined by the Secretary; and - ``(2) reimbursement for the costs of relocation of - contractor and Government personnel and equipment from the - NIROP to the replacement facilities, to the extent specified in - the land exchange agreement contemplated in subsection (b).''. + ``(1) real property, including improvements thereon, located in + Titusville, Florida, that will replace the NIROP and meet the + readiness requirements of the Department of the Navy, as determined + by the Secretary; and + ``(2) reimbursement for the costs of relocation of contractor + and Government personnel and equipment from the NIROP to the + replacement facilities, to the extent specified in the land + exchange agreement contemplated in subsection (b).''. (b) Elements of Land Exchange Agreement.--Section 2841(b)(1) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1860) is amended by inserting after @@ -50348,55 +52315,52 @@ reimbursed by the Exchange Entity,''. (c) Valuation of Properties and Compensation.--Section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1860) is amended-- - (1) by striking subsection (c); - (2) by redesignating subsections (d) through (i) as - subsections (e) through (j), respectively; and - (3) by inserting after subsection (b) the following new - subsections: + (1) by striking subsection (c); + (2) by redesignating subsections (d) through (i) as subsections + (e) through (j), respectively; and + (3) by inserting after subsection (b) the following new + subsections: ``(c) Valuation.--The Secretary shall determine the fair market value of the properties, including improvements thereon, to be exchanged by the Secretary and the Exchange Entity under subsection (a). ``(d) Compensation.-- - ``(1) Compensation required.--The Exchange Entity shall - provide compensation under the land exchange agreement - described in subsection (b) that is equal to or exceeds the - fair market value of the NIROP, as determined under subsection - (c). - ``(2) In-kind consideration.--As part of the compensation - under the land exchange agreement, the Secretary and the - Exchange Entity may agree for the Exchange Entity to provide - the following forms of in-kind consideration at any property or - facility under the control of the Secretary: - ``(A) Alteration, repair, improvement, or - restoration (including environmental restoration) of - property. - ``(B) Use of facilities by the Secretary. - ``(C) Provision of real property maintenance - services. - ``(D) Provision of or payment of utility services. - ``(E) Provision of such other services relating to - activities that will occur on the property as the - Secretary considers appropriate. - ``(3) Deposit.--The Secretary shall deposit any cash - payments received under the land exchange agreement, other than - cash payments accepted under section 2695 of title 10, United - States Code, in the account in the Treasury established - pursuant to section 572(b) of title 40, United States Code. - ``(4) Use of proceeds.--Proceeds deposited pursuant to - paragraph (3) in the account referred to in such paragraph - shall be available to the Secretary in such amounts as provided - in appropriations Acts for the following activities: - ``(A) Maintenance, protection, alternation, repair, - improvement, or restoration (including environmental - restoration) of property or facilities. - ``(B) Payment of utilities services. - ``(C) Real property maintenance services.''. + ``(1) Compensation required.--The Exchange Entity shall provide + compensation under the land exchange agreement described in + subsection (b) that is equal to or exceeds the fair market value of + the NIROP, as determined under subsection (c). + ``(2) In-kind consideration.--As part of the compensation under + the land exchange agreement, the Secretary and the Exchange Entity + may agree for the Exchange Entity to provide the following forms of + in-kind consideration at any property or facility under the control + of the Secretary: + ``(A) Alteration, repair, improvement, or restoration + (including environmental restoration) of property. + ``(B) Use of facilities by the Secretary. + ``(C) Provision of real property maintenance services. + ``(D) Provision of or payment of utility services. + ``(E) Provision of such other services relating to + activities that will occur on the property as the Secretary + considers appropriate. + ``(3) Deposit.--The Secretary shall deposit any cash payments + received under the land exchange agreement, other than cash + payments accepted under section 2695 of title 10, United States + Code, in the account in the Treasury established pursuant to + section 572(b) of title 40, United States Code. + ``(4) Use of proceeds.--Proceeds deposited pursuant to + paragraph (3) in the account referred to in such paragraph shall be + available to the Secretary in such amounts as provided in + appropriations Acts for the following activities: + ``(A) Maintenance, protection, alternation, repair, + improvement, or restoration (including environmental + restoration) of property or facilities. + ``(B) Payment of utilities services. + ``(C) Real property maintenance services.''. (d) Treatment of Certain Amounts Received.--Subsection (f) of section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1861), as redesignated by subsection (c)(2) of this section, is amended by -striking ``(a), (c)(2), and (d)''and inserting ``(a) and (e)''. +striking ``(a), (c)(2), and (d)'' and inserting ``(a) and (e)''. (e) Sunset.--Subsection (j) of section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1861), as redesignated by subsection @@ -50404,9 +52368,7 @@ Public Law 115-91; 131 Stat. 1861), as redesignated by subsection inserting ``October 1, 2026, if the Secretary and the Exchange Entity have not entered into a land exchange agreement described in subsection (b) before that date''. - SEC. 2833. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA. - (a) Conveyance Authorized.--If the Secretary of the Army determines that no department or agency of the Federal Government will accept the transfer of a parcel of real property consisting of approximately 525 @@ -50419,86 +52381,108 @@ facility. (b) Modification of Parcel Authorized for Conveyance.--If a department or agency of the Federal Government will accept the transfer of a portion of the parcel of real property described in subsection -(a), the Secretary shall modify the conveyance authorized by such -subsection to exclude the portion of the parcel to be accepted by that -department or agency. - (c) Consideration.-- - (1) Public benefit conveyance.--The Secretary of the Army - may assign the property for conveyance under subsection (a) as - a public benefit conveyance without monetary consideration to - the Federal Government if the Port of Stockton satisfies the - conveyance requirements specified in section 554 of title 40, - United States Code. - (2) Fair market value.--If the Port of Stockton fails to - qualify for a public benefit conveyance under paragraph (1) and - still desires to acquire the real property described in - subsection (a), the Port of Stockton shall pay to the United - States an amount equal to the fair market value of the property - to be conveyed. The Secretary shall determine the fair market - value of the property using an independent appraisal based on - the highest and best use of the property. - (d) Description of Property.--The exact acreage and legal +(a), the Secretary of the Army shall modify the conveyance authorized +by such subsection to exclude the portion of the parcel to be accepted +by that department or agency. + (c) Conveyance Alternatives.-- + (1) Public benefit conveyance.--The Secretary of the Army may + assign the real property described in subsection (a) to the + Secretary of Transportation for conveyance under such subsection as + a public benefit conveyance without monetary consideration to the + Federal Government if the Port of Stockton satisfies the conveyance + requirements specified in section 554 of title 40, United States + Code. + (2) Fair market value conveyance.-- + (A) Amount and determination.--If the Port of Stockton + fails to qualify for a public benefit conveyance under + paragraph (1) and still desires to acquire the real property + described in subsection (a), the Port of Stockton shall pay to + the United States an amount that is not less than the fair + market value of the property to be conveyed. The Secretary of + the Army shall determine the fair market value of the property + using an independent appraisal based on the highest and best + use of the property. + (B) Deposit and availability.--The Secretary shall deposit + cash payment received under subparagraph (A) in the special + account in the Treasury established for that Secretary under + section 2667(e) of title 10, United States Code. The entire + amount deposited shall be available for use in accordance with + paragraph (1)(C) of such section. Paragraph (1)(D) of such + section shall not apply to the entire amount deposited. + (d) Payment of Costs of Conveyance.-- + (1) Payment required.--The Secretary of the Army shall require + the Port of Stockton to pay costs to be incurred by the Secretary, + or to reimburse the Secretary for such costs incurred by the + Secretary, to carry out the conveyance authorized by subsection + (a), including survey costs, appraisal costs, costs for + environmental documentation related to the conveyance, and any + other administrative costs related to the conveyance. + (2) Treatment of amounts received.--Amounts received as + reimbursement under paragraph (1) shall be credited to the fund or + account that was used to pay the costs incurred by the Secretary in + carrying out the conveyance under subsection (a) or, if the period + of availability of obligations for that appropriation has expired, + to the appropriations of fund that is currently available to the + Secretary for the same purpose. Amounts so credited shall be merged + with amounts in such fund or account and shall be available for the + same purposes, and subject to the same conditions and limitations, + as amounts in such fund or account. + (e) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the -Army. The cost of the survey shall be borne by the Port of Stockton. - (e) Additional Terms and Conditions.--The Secretary of the Army may +Army. + (f) Additional Terms and Conditions.--The Secretary of the Army may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. - (f) Sunset.--If the real property authorized for conveyance by -subsection (a) is not conveyed within 1 year after the date of the + (g) Sunset.--If the real property authorized for conveyance by +subsection (a) is not conveyed within one year after the date of the enactment of this Act, the Secretary of the Army may report the -property excess for disposal in accordance with existing law. - +property excess for disposal in accordance with applicable law. SEC. 2834. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA. - (a) Definitions.--In this section: - (1) County.--The term ``County'' means the County of San - Bernardino, California. - (2) Federal land.--The term ``Federal land'' means the - approximately 73 acres of Federal land generally depicted as - ``Federal Land Proposed for Exchange'' on the map titled ``Big - Bear Land Exchange'' and dated August 6, 2018. - (3) Non-federal land.--The term ``non-Federal land'' means - the approximately 71 acres of land owned by the County - generally depicted as ``Non-Federal Land Proposed for - Exchange'' on the map referred to in paragraph (2). + (1) County.--The term ``County'' means the County of San + Bernardino, California. + (2) Federal land.--The term ``Federal land'' means the + approximately 73 acres of Federal land generally depicted as + ``Federal Land Proposed for Exchange'' on the map titled ``Big Bear + Land Exchange'' and dated September 4, 2020. + (3) Non-federal land.--The term ``non-Federal land'' means the + approximately 71 acres of land owned by the County generally + depicted as ``Non-Federal Land Proposed for Exchange'' on the map + referred to in paragraph (2). (b) Exchange Authorized.--Subject to valid existing rights and the -terms of this section, no later than 1 year after the date that the +terms of this section, no later than one year after the date that the portion of the Pacific Crest National Scenic Trail is relocated in accordance with subsection (i), if the County offers to convey the non- Federal land to the United States, the Secretary of Agriculture shall-- - (1) convey to the County all right, title, and interest of - the United States in and to the Federal land; and - (2) accept from the County a conveyance of all right, - title, and interest of the County in and to the non-Federal - land. + (1) convey to the County all right, title, and interest of the + United States in and to the Federal land; and + (2) accept from the County a conveyance of all right, title, + and interest of the County in and to the non-Federal land. (c) Equal Value and Cash Equalization.-- - (1) Equal value exchange.--The land exchange under this - section shall be for equal value, or the values shall be - equalized by a cash payment as provided for under this - subsection or an adjustment in acreage. At the option of the - County, any excess value of the non-Federal lands may be - considered a gift to the United States. - (2) Cash equalization payment.--The County may equalize the - values of the lands to be exchanged under this section by cash - payment without regard to any statutory limit on the amount of - such a cash equalization payment. - (3) Deposit and use of funds received from county.--Any - cash equalization payment received by the Secretary of - Agriculture under this subsection shall be deposited in the - fund established under Public Law 90-171 (16 U.S.C. 484a; - commonly known as the Sisk Act). The funds so deposited shall - remain available to the Secretary of Agriculture, until - expended, for the acquisition of lands, waters, and interests - in land for the San Bernardino National Forest. + (1) Equal value exchange.--The land exchange under this section + shall be for equal value, or the values shall be equalized by a + cash payment as provided for under this subsection or an adjustment + in acreage. At the option of the County, any excess value of the + non-Federal lands may be considered a gift to the United States. + (2) Cash equalization payment.--The County may equalize the + values of the lands to be exchanged under this section by cash + payment without regard to any statutory limit on the amount of such + a cash equalization payment. + (3) Deposit and use of funds received from county.--Any cash + equalization payment received by the Secretary of Agriculture under + this subsection shall be deposited in the fund established under + Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act). + The funds so deposited shall remain available to the Secretary of + Agriculture, until expended, for the acquisition of lands, waters, + and interests in land for the San Bernardino National Forest. (d) Appraisal.--The Secretary of Agriculture shall complete an appraisal of the land to be exchanged under this section in accordance with-- - (1) the Uniform Appraisal Standards for Federal Land - Acquisitions; and - (2) the Uniform Standards of Professional Appraisal - Practice. + (1) the Uniform Appraisal Standards for Federal Land + Acquisitions; and + (2) the Uniform Standards of Professional Appraisal Practice. (e) Title Approval.--Title to the land to be exchanged under this section shall be in a format acceptable to the Secretary of Agriculture and the County. @@ -50515,17 +52499,16 @@ accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.; commonly known as the Weeks Act), and other laws and regulations pertaining to National Forest System lands. (i) Pacific Crest National Scenic Trail Relocation.--No later than -3 years after the date of enactment of this Act, the Secretary of -Agriculture, in accordance with applicable laws, shall relocate the +three years after the date of the enactment of this Act, the Secretary +of Agriculture, in accordance with applicable laws, shall relocate the portion of the Pacific Crest National Scenic Trail located on the Federal land-- - (1) to adjacent National Forest System land; - (2) to land owned by the County, subject to County - approval; - (3) to land within the Federal land, subject to County - approval; or - (4) in a manner that combines two or more of the options - described in paragraphs (1), (2), and (3). + (1) to adjacent National Forest System land; + (2) to land owned by the County, subject to County approval; + (3) to land within the Federal land, subject to County + approval; or + (4) in a manner that combines two or more of the options + described in paragraphs (1), (2), and (3). (j) Map and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall finalize a map and legal descriptions of all land to be conveyed under @@ -50533,32 +52516,28 @@ this section. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service. - SEC. 2835. LAND CONVEYANCE, OVER-THE-HORIZON BACKSCATTER RADAR SYSTEM - RECEIVING STATION, MODOC COUNTY, CALIFORNIA. - +RECEIVING STATION, MODOC COUNTY, CALIFORNIA. (a) Conveyance Required.-- - (1) In general.--As soon as practicable after receiving a - request from Modoc County, California (in this section referred - to as the ``County'') regarding the conveyance required by this - section, but subject to paragraph (2), the Secretary of - Agriculture shall convey to the County all right, title, and - interest of the United States in and to a parcel of National - Forest System land, including improvements thereon, consisting - of approximately 927 acres in Modoc National Forest in the - State of California and containing an obsolete Over-the-Horizon - Backscatter Radar System receiving station established on the - parcel pursuant to a memorandum of agreement between the - Department of the Air Force and Forest Service dated May 18 and - 23, 1987. - (2) Applicable law and national security determination.-- - The Secretary of Agriculture shall carry out the conveyance - under subsection (a) in accordance with this section and all - other applicable law, including the condition that the - conveyance not take place until the Secretary, in consultation - with the Secretary of the Air Force, determines that the - conveyance will not harm the national security interests of the - United States. + (1) In general.--As soon as practicable after receiving a + request from Modoc County, California (in this section referred to + as the ``County'') regarding the conveyance required by this + section, but subject to paragraph (2), the Secretary of Agriculture + shall convey to the County all right, title, and interest of the + United States in and to a parcel of National Forest System land, + including improvements thereon, consisting of approximately 927 + acres in Modoc National Forest in the State of California and + containing an obsolete Over-the-Horizon Backscatter Radar System + receiving station established on the parcel pursuant to a + memorandum of agreement between the Department of the Air Force and + Forest Service dated May 18 and 23, 1987. + (2) Applicable law and national security determination.--The + Secretary of Agriculture shall carry out the conveyance under + subsection (a) in accordance with this section and all other + applicable law, including the condition that the conveyance not + take place until the Secretary, in consultation with the Secretary + of the Air Force, determines that the conveyance will not harm the + national security interests of the United States. (b) Purpose of Conveyance.--The purpose of the conveyance under subsection (a) is to preserve and utilize the improvements constructed on the parcel of National Forest System land described in such @@ -50566,23 +52545,22 @@ subsection and to permit the County to use the conveyed property, including improvements thereon, for the development of renewable energy, including solar and biomass cogeneration. (c) Consideration.-- - (1) In general.--As consideration for the conveyance under - subsection (a), the County shall pay to the Secretary of - Agriculture an amount that is not less than the fair market - value of the parcel of land to be conveyed, as determined in - accordance with the Uniform Appraisal Standards for Federal - Land Acquisition and the Uniform Standards of Professional - Appraisal Practice. - (2) Treatment of cash consideration.--The Secretary shall - deposit the payment received under paragraph (1) in the account - in the Treasury established by Public Law 90-171 (commonly - known as the Sisk Act; 16 U.S.C. 484a). The amount deposited - shall be available to the Secretary, in such amounts as may be - provided in advance in appropriation Acts, to pay any necessary - and incidental costs incurred by the Secretary in connection - with the improvement, maintenance, reconstruction, or - construction of a facility or improvement for the National - Forest System located in the State of California. + (1) In general.--As consideration for the conveyance under + subsection (a), the County shall pay to the Secretary of + Agriculture an amount that is not less than the fair market value + of the parcel of land to be conveyed, as determined in accordance + with the Uniform Appraisal Standards for Federal Land Acquisition + and the Uniform Standards of Professional Appraisal Practice. + (2) Treatment of cash consideration.--The Secretary shall + deposit the payment received under paragraph (1) in the account in + the Treasury established by Public Law 90-171 (commonly known as + the Sisk Act; 16 U.S.C. 484a). The amount deposited shall be + available to the Secretary, in such amounts as may be provided in + advance in appropriation Acts, to pay any necessary and incidental + costs incurred by the Secretary in connection with the improvement, + maintenance, reconstruction, or construction of a facility or + improvement for the National Forest System located in the State of + California. (d) Reservation of Easement Related to Continued Use of Water Wells.--The conveyance required by subsection (a) shall be conditioned on the reservation of an easement by the Secretary of Agriculture, @@ -50595,54 +52573,44 @@ the parcel of National Forest System lands to be conveyed. subsection (a) is withdrawn from the operation of the mining and mineral leasing laws of the United States. (f) Payment of Costs of Conveyance.-- - (1) Payment required.--The Secretary of Agriculture shall - require the County to cover costs (except costs for - environmental remediation of the property) to be incurred by - the Secretary, or to reimburse the Secretary for such costs - incurred by the Secretary, to carry out the conveyance under - subsection (a), including survey costs, costs for environmental - documentation, and any other administrative costs related to - the conveyance. If amounts are collected from the County in - advance of the Secretary incurring the actual costs, and the - amount collected exceeds the costs actually incurred by the - Secretary to carry out the conveyance, the Secretary shall - refund the excess amount to the County. - (2) Treatment of amounts received.--Amounts received as - reimbursement under paragraph (1) shall be credited to the fund - or account that was used to cover those costs incurred by the - Secretary of Agriculture in carrying out the conveyance. - Amounts so credited shall be merged with amounts in such fund - or account, and shall be available for the same purposes, and - subject to the same conditions and limitations, as amounts in - such fund or account. + (1) Payment required.--The Secretary of Agriculture shall + require the County to cover costs (except costs for environmental + remediation of the property) to be incurred by the Secretary, or to + reimburse the Secretary for such costs incurred by the Secretary, + to carry out the conveyance under subsection (a), including survey + costs, costs for environmental documentation, and any other + administrative costs related to the conveyance. If amounts are + collected from the County in advance of the Secretary incurring the + actual costs, and the amount collected exceeds the costs actually + incurred by the Secretary to carry out the conveyance, the + Secretary shall refund the excess amount to the County. + (2) Treatment of amounts received.--Amounts received as + reimbursement under paragraph (1) shall be credited to the fund or + account that was used to cover those costs incurred by the + Secretary of Agriculture in carrying out the conveyance. Amounts so + credited shall be merged with amounts in such fund or account, and + shall be available for the same purposes, and subject to the same + conditions and limitations, as amounts in such fund or account. (g) Environmental Remediation.-- - (1) In general.--To expedite the conveyance of the parcel - of National Forest System land described in subsection (a), - including improvements thereon, environmental remediation of - the land by the Department of the Air Force shall be limited to - the removal of the perimeter wooden fence, which was treated - with an arsenic-based weatherproof coating, and treatment of - soil affected by leaching of such chemical. - (2) Potential future environmental remediation - responsibilities.--Notwithstanding the conveyance of the parcel - of National Forest System land described in subsection (a), the - Secretary of the Air Force shall be responsible for the - remediation of any environmental contamination, discovered - post-conveyance, that is attributed to Air Force occupancy of - and operations on the parcel pre-conveyance. - (h) Compliance With Environmental Laws.--Notwithstanding the -requirements of section 120(h) of the Comprehensive Environmental -Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), -the Secretary of Agriculture shall not be required to provide any of -the covenants and warranties otherwise required under such section in -connection with the conveyance of the property under subsection (a). - (i) Description of Property.--The exact acreage and legal + (1) In general.--To expedite the conveyance of the parcel of + National Forest System land described in subsection (a), including + improvements thereon, environmental remediation of the land by the + Department of the Air Force shall be limited to the removal of the + perimeter wooden fence, which was treated with an arsenic-based + weatherproof coating, and treatment of soil affected by leaching of + such chemical. + (2) Potential future environmental remediation + responsibilities.--Notwithstanding the conveyance of the parcel of + National Forest System land described in subsection (a), the + Secretary of the Air Force shall be responsible for the remediation + of any environmental contamination, discovered post-conveyance, + that is attributed to Air Force occupancy of and operations on the + parcel pre-conveyance. + (h) Description of Property.--The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of Agriculture. - SEC. 2836. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL SUPPORT - ACTIVITY PANAMA CITY, FLORIDA, PARCEL. - +ACTIVITY PANAMA CITY, FLORIDA, PARCEL. (a) Transfer to the Secretary of the Navy.--Administrative jurisdiction over the parcel of Federal land consisting of approximately 1.23 acres located within Naval Support Activity Panama @@ -50655,492 +52623,438 @@ Federal land transferred by subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy and the Secretary of the Interior. (c) Consideration and Reimbursement.-- - (1) No consideration.--The transfer made by subsection (a) - shall be without consideration. - (2) Reimbursement.--The Secretary of the Navy shall - reimburse the Secretary of the Interior for any costs incurred - by the Secretary of the Interior under subsection (b) in - conducting the survey and preparing the legal description of - the Federal land transferred by subsection (a). + (1) No consideration.--The transfer made by subsection (a) + shall be without consideration. + (2) Reimbursement.--The Secretary of the Navy shall reimburse + the Secretary of the Interior for any costs incurred by the + Secretary of the Interior under subsection (b) in conducting the + survey and preparing the legal description of the Federal land + transferred by subsection (a). (d) Status of Land After Transfer.--Upon transfer of the Federal land by subsection (a), the land shall cease to be public land and shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the Navy. - -SEC. 2837. LAND CONVEYANCE, MILAN ARMY AMMUNITION PLANT, TENNESSEE. - - (a) Conveyance Authorized.--The Secretary of the Army may convey to -the City of Milan, Tennessee (in this section referred to as the -``City''), all right, title, and interest of the United States in and -to parcels of real property, including any improvements thereon, at -Milan Army Ammunition Plant, Tennessee, consisting of approximately 292 -acres and commonly referred to as Parcels A, B and C. +SEC. 2837. LEASE EXTENSION, BRYAN MULTI-SPORTS COMPLEX, WAYNE COUNTY, +NORTH CAROLINA. + (a) Authority.--In the case of the existing lease with the City of +Goldsboro, North Carolina, regarding the approximately 62-acre Bryan +Multi-Sports Complex located in Wayne County, North Carolina, the +Secretary of the Air Force may enter into an agreement with the City of +Goldsboro to extend the term of the lease for the purpose of permitting +the City to continue to operate a sports and recreation facility for +the benefit of both the Air Force and the community. + (b) Duration.--The duration of the lease extension provided by the +Secretary of the Air Force under subsection (a) may not exceed 30 +years, providing a total lease period not to exceed 50 years for the +lease described in such subsection. + (c) Payments Under the Lease.--The Secretary of the Air Force may +waive the requirement under section 2667(b)(4) of title 10, United +States Code, with respect to the lease extension authorized by +subsection (a) if the Secretary determines that extension of the lease +described in such subsection enhances the quality of life of members of +the Armed Forces. +SEC. 2838. LAND CONVEYANCES, MILAN ARMY AMMUNITION PLANT, TENNESSEE. + (a) Conveyances Authorized.-- + (1) City of milan, tennessee.--The Secretary of the Army may + convey to the City of Milan, Tennessee (in this section referred to + as the ``City''), all right, title, and interest of the United + States in and to parcels of real property, including any + improvements thereon, at Milan Army Ammunition Plant, Tennessee, + that run parallel to Highway 45 and consist of a total of + approximately 292 acres. + (2) University of tennessee.--The Secretary of the Army may + convey, without consideration, to the University of Tennessee (in + this section referred to as the ``University'') all right, title, + and interest of the United States in and to parcels of real + property, including any improvements thereon and parcels currently + leased to the University, at Milan Army Ammunition Plant that + consist of a total of approximately 900 acres for the purpose of + permitting the University to use the parcels for education + research. (b) Consideration.-- - (1) Consideration required.--As consideration for the - conveyance under subsection (a), the City shall provide - consideration an amount equivalent to the fair market value of - the property conveyed under such subsection, as determined by - an appraisal approved by the Secretary of the Army. The - consideration may be in the form of cash payment, in-kind - consideration, or a combination thereof, provided at such time - as the Secretary may require. - (2) In-kind consideration.--In-kind consideration provided - by the City under paragraph (1) may include the acquisition, - construction, provision, improvement, maintenance, repair, or - restoration (including environmental restoration), or - combination thereof, of any facility, real property, or - infrastructure under the jurisdiction of the Secretary. - (c) Payment of Costs of Conveyance.-- - (1) Payment required.--The Secretary of the Army shall - require the City to pay costs to be incurred by the Secretary, - or to reimburse the Secretary for such costs incurred by the - Secretary, to carry out the conveyance under subsection (a), - including survey costs, appraisal costs, costs for - environmental documentation related to the conveyance, and any - other administrative costs related to the conveyance. - (2) Treatment of amounts received.--Amounts received as - reimbursement under paragraph (1) shall be credited to the fund - or account that was used to pay the costs incurred by the - Secretary in carrying out the conveyance under subsection (a) - or, if the period of availability of obligations for that - appropriation has expired, to the appropriations of fund that - is currently available to the Secretary for the same purpose. - Amounts so credited shall be merged with amounts in such fund - or account and shall be available for the same purposes, and - subject to the same conditions and limitations, as amounts in - such fund or account. - (d) Description of Property.--The exact acreage and legal -description of the property to be conveyed under subsection (a) shall -be determined by a survey satisfactory to the Secretary of the Army. - (e) Additional Terms and Conditions.--The Secretary of the Army may + (1) Amount and determination.--As consideration for the + conveyance authorized by subsection (a)(1), the City shall pay to + the Secretary of the Army an amount that is not less than the fair + market value of the property to be conveyed under such subsection, + as determined by an appraisal approved by the Secretary. + (2) Deposit and availability.--The Secretary of the Army shall + deposit the cash payment received under paragraph (1) in the + special account in the Treasury established for that Secretary + under section 2667(e) of title 10, United States Code. The entire + amount deposited shall be available for use in accordance with + paragraph (1)(C) of such section. Paragraph (1)(D) of such section + shall not apply to the entire amount deposited. + (c) Reversionary Interest.-- + (1) Interest retained.--If the Secretary of the Army determines + at any time that the property conveyed to the University under + subsection (a)(2) is not being used in accordance with the purpose + of the conveyance specified in such subsection, all right, title, + and interest in and to the conveyed property, including any + improvements thereon, shall, at the option of the Secretary, revert + to and become the property of the United States, and the United + States shall have the right of immediate entry onto the property. A + determination by the Secretary under this subsection shall be made + on the record after an opportunity for a hearing. + (2) Alternative consideration option.--In lieu of exercising + the reversionary interest retained under paragraph (1), the + Secretary of the Army may accept an offer by the University to pay + to the Secretary an amount equal to the fair market value of the + property conveyed under subsection (a)(2), excluding the value of + any improvements on the conveyed property constructed without + Federal funds after the date the conveyance is completed, as + determined by the Secretary. Subsection (b)(2) shall apply to any + cash payment received by the Secretary under this paragraph. + (d) Payment of Costs of Conveyance.-- + (1) Conveyance to city.--The Secretary of the Army shall + require the City to pay costs to be incurred by the Secretary, or + to reimburse the Secretary for such costs incurred by the + Secretary, to carry out the conveyance authorized by subsection + (a)(1), including survey costs, appraisal costs, costs for + environmental documentation related to the conveyance, and any + other administrative costs related to the conveyance. + (2) Conveyance to university.--The Secretary shall require the + University to pay costs to be incurred by the Secretary, or to + reimburse the Secretary for such costs incurred by the Secretary, + to carry out the conveyance authorized by subsection (a)(2), + including survey costs, appraisal costs, costs for environmental + documentation related to the conveyance, and any other + administrative costs related to the conveyance. + (3) Treatment of amounts received.--Amounts received as + reimbursement under paragraphs (1) and (2) shall be credited to the + fund or account that was used to pay the costs incurred by the + Secretary in carrying out the conveyances under subsection (a) or, + if the period of availability of obligations for that appropriation + has expired, to the appropriations of fund that is currently + available to the Secretary for the same purpose. Amounts so + credited shall be merged with amounts in such fund or account and + shall be available for the same purposes, and subject to the same + conditions and limitations, as amounts in such fund or account. + (e) Description of Property.--The exact acreage and legal +description of the parcels of real property to be conveyed under +subsection (a) shall be determined by a survey satisfactory to the +Secretary of the Army. + (f) Additional Terms and Conditions.--The Secretary of the Army may require such additional terms and conditions in connection with the -conveyance under subsection (a) as the Secretary considers appropriate -to protect the interests of the United States. +conveyances authorized by subsection (a) as the Secretary considers +appropriate to protect the interests of the United States. Subtitle E--Military Land Withdrawals SEC. 2841. RENEWAL OF LAND WITHDRAWAL AND RESERVATION TO BENEFIT NAVAL - AIR FACILITY, EL CENTRO, CALIFORNIA. - +AIR FACILITY, EL CENTRO, CALIFORNIA. Section 2925 of the El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104-201; 110 Stat. 2816) is amended by striking ``25 years after the date of the enactment of this subtitle'' and inserting ``on November 6, 2046''. - SEC. 2842. RENEWAL OF FALLON RANGE TRAINING COMPLEX LAND WITHDRAWAL AND - RESERVATION. - +RESERVATION. Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Fallon Range Training Complex) made by section 3011(a) of such Act (113 Stat. 885) shall terminate on November 6, 2046. - SEC. 2843. RENEWAL OF NEVADA TEST AND TRAINING RANGE LAND WITHDRAWAL - AND RESERVATION. - +AND RESERVATION. Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Nevada Test and Training Range) made by section 3011(b) of such Act (113 Stat. 886) shall terminate on November 6, 2046. +SEC. 2844. ESTABLISHMENT OF INTERAGENCY COMMITTEES ON JOINT USE OF +CERTAIN LAND WITHDRAWN FROM APPROPRIATION UNDER PUBLIC LAND LAWS. + (a) Interagency Executive Committee on Joint Use by Department of +the Navy and Department of the Interior of Naval Air Station Fallon +Ranges.--Section 3011(a) of the Military Lands Withdrawal Act of 1999 +(Public Law 106-65; 113 Stat. 885) is amended by adding at the end the +following new paragraph: + ``(5) Intergovernmental executive committee.-- + ``(A) Establishment.--The Secretary of the Navy and the + Secretary of the Interior shall jointly establish, by + memorandum of understanding, an intergovernmental executive + committee (referred to in this paragraph as the `executive + committee'), for the purpose of exchanging views, information, + and advice relating to the management of the natural and + cultural resources of the land described in paragraph (2). + ``(B) Memorandum of understanding.--The memorandum of + understanding entered into under subparagraph (A) shall + include-- + ``(i) a description of the officials and other + individuals to be invited to participate as members in the + executive committee under subparagraph (C); + ``(ii) a description of the duties of the Chairperson + and Vice Chairperson of the executive committee; and + ``(iii) subject to subparagraphs (D) and (E), a + procedure for-- + + ``(I) creating a forum to carry out the purpose + described in subparagraph (A); + ``(II) rotating the Chairperson of the executive + committee; and + ``(III) scheduling regular meetings of the + executive committee. + + ``(C) Membership.--The executive committee shall be + comprised of-- + ``(i) 1 representative of the Nevada Department of + Wildlife; + ``(ii) 1 representative of the Nevada Department of + Conservation and Natural Resources; + ``(iii) 1 county commissioner from each of Churchill, + Lyon, Nye, Mineral, and Pershing Counties, Nevada; + ``(iv) 1 representative of each Indian tribe in the + vicinity of the land described in paragraph (2); and + ``(v) not more than 3 members that the Secretary of the + Navy and the Secretary of the Interior jointly determine + would advance the goals and objectives of the executive + committee. + ``(D) Chairperson and vice chairperson.--The members of the + executive committee shall elect from among the members-- + ``(i) 1 member to serve as Chairperson of the executive + committee; and + ``(ii) 1 member to serve as Vice Chairperson of the + executive committee. + ``(E) Meetings.-- + ``(i) Frequency.--The executive committee shall meet + not less frequently than 3 times each calendar year. + ``(ii) Location.--The location of the meetings of the + executive committee shall rotate to facilitate ease of + access for all members of the executive committee. + ``(iii) Public accessibility.--The meetings of the + executive committee shall-- + + ``(I) be open to the public; and + ``(II) serve as a forum for the public to provide + comments regarding the natural and cultural resources + of the land described in paragraph (2). + + ``(F) Conditions and terms.-- + ``(i) In general.--Each member of the executive + committee shall serve voluntarily and without compensation. + ``(ii) Term of appointment.-- + + ``(I) In general.--Except as provided in subclause + (II)(bb), each member of the executive committee shall + be appointed for a term of 4 years. + ``(II) Original members.--Of the members initially + appointed to the executive committee, the Secretary of + the Navy and the Secretary of the Interior shall + select-- + + ``(aa) \1/2\ to serve for a term of 4 years; + and + ``(bb) \1/2\ to serve for a term of 2 years. + ``(iii) Reappointment and replacement.--The Secretary + of the Navy and the Secretary of the Interior may reappoint + or replace, as appropriate, a member of the executive + committee if-- + + ``(I) the term of the member has expired; + ``(II) the member has resigned; or + ``(III) the position held by the member has changed + to the extent that the ability of the member to + represent the group or entity that the member + represents has been significantly affected. + + ``(G) Liaisons.--The Secretary of the Navy and the + Secretary of the Interior shall each appoint appropriate + operational and land management personnel of the Department of + the Navy and the Department of the Interior, respectively, to + serve as liaisons to the executive committee.''. + (b) Joint Access and Use by Department of the Air Force and +Department of the Interior of Nevada Test and Training Range and Desert +National Wildlife Refuge.-- + (1) United states fish and wildlife service and department of + the air force coordination.--Section 3011(b)(5) of the Military + Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) is + amended by adding at the end the following new subparagraph: + ``(G) Interagency committee.-- + ``(i) In general.--The Secretary of the Interior and + the Secretary of the Air Force shall jointly establish an + interagency committee (referred to in this subparagraph as + the `interagency committee') to facilitate coordination, + manage public access needs and requirements, and minimize + potential conflict between the Department of the Interior + and the Department of the Air Force with respect to joint + operating areas within the Desert National Wildlife Refuge. + ``(ii) Membership.--The interagency committee shall + include only the following members: + + ``(I) Representatives from the United States Fish + and Wildlife Service. + ``(II) Representatives from the Department of the + Air Force. + ``(III) The Project Leader of the Desert National + Wildlife Refuge Complex. + ``(IV) The Commander of the Nevada Test and + Training Range, Nellis Air Force Base. + + ``(iii) Report to congress.--The interagency committee + shall biannually submit to the Committees on Armed + Services, Environment and Public Works, and Energy and + Natural Resources of the Senate and the Committees on Armed + Services and Natural Resources of the House of + Representatives, and make available publicly online, a + report on the activities of the interagency committee.''. + (2) Intergovernmental executive committee.--Such section is + further amended by adding at the end the following new + subparagraph: + ``(H) Intergovernmental executive committee.-- + ``(i) Establishment.--The Secretary of the Interior and + the Secretary of the Air Force shall jointly establish, by + memorandum of understanding, an intergovernmental executive + committee (referred to in this subparagraph as the + `executive committee') in accordance with this + subparagraph. + ``(ii) Purpose.--The executive committee shall be + established for the purposes of-- + + ``(I) exchanging views, information, and advice + relating to the management of the natural and cultural + resources of the lands withdrawn and reserved by this + section; and + ``(II) discussing and making recommendations to the + interagency committee established under subparagraph + (G) with respect to public access needs and + requirements. -SEC. 2844. ADDITIONAL REQUIREMENTS REGARDING NEVADA TEST AND TRAINING - RANGE. + ``(iii) Composition.--The executive committee shall + comprise the following members: + + ``(I) Federal agencies.--The Secretary of the + Interior and the Secretary of the Air Force shall each + appoint 1 representative from an interested Federal + agency. + ``(II) State government.--The Secretary of the + Interior and the Secretary of the Air Force shall + jointly invite 1 representative of the Nevada + Department of Wildlife. + ``(III) Local governments.--The Secretary of the + Interior and the Secretary of the Air Force shall + jointly invite 1 county commissioner of each of Clark, + Nye, and Lincoln Counties, Nevada. + ``(IV) Tribal governments.--The Secretary of the + Interior and the Secretary of the Air Force shall + jointly invite 1 representative of each Indian tribe in + the vicinity of the portions of the joint use area of + the Desert National Wildlife Refuge where the Secretary + of the Interior exercises primary jurisdiction. + ``(V) Public.--The Secretary of the Interior and + the Secretary of the Air Force shall jointly invite not + more than 3 private individuals who the Secretary of + the Interior and the Secretary of the Air Force jointly + determine would further the goals and objectives of the + executive committee. + ``(VI) Additional members.--The Secretary of the + Interior and the Secretary of the Air Force may + designate such additional members as the Secretary of + the Interior and the Secretary of the Air Force jointly + determine to be appropriate. + + ``(iv) Operation.--The executive committee shall + operate in accordance with the terms set forth in the + memorandum of understanding under clause (i), which shall + specify the officials or other individuals to be invited to + participate in the executive committee in accordance with + clause (iii). + ``(v) Procedures.--Subject to clauses (vi) and (vii), + the memorandum of understanding under clause (i) shall + establish procedures for-- + + ``(I) creating a forum for carrying out the purpose + described in clause (ii); + ``(II) rotating the Chairperson of the executive + committee; and + ``(III) scheduling regular meetings. - (a) Definitions.--In this section: - (1) The term ``affected Indian tribe'' means an Indian - tribe that has historical connections to-- - (A) the land withdrawn and reserved as the Nevada - Test and Training Range; or - (B) the land included as part of the Desert - National Wildlife Refuge. - (2) The term ``current memorandum of understanding'' means - the memorandum of understanding referred to in section - 3011(b)(5)(E) of the Military Lands Withdrawal Act of 1999 - (title XXX of Public Law 106-65; 113 Stat. 888) as in effect on - the date of the enactment of this Act. - (3) The term ``heavy force'' means a military unit with - armored motorized equipment, such as tanks, motorized - artillery, and armored personnel carriers. - (4) The term ``large force'' means a military unit - designated as a battalion or larger organizational unit. - (5) The term ``Nevada Test and Training Range'' means the - land known as the Nevada Test and Training Range withdrawn and - reserved by section 3011(b) of the Military Lands Withdrawal - Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 886). - (6) The term ``overlapping lands'' means land withdrawn and - reserved as the Nevada Test and Training Range that also is - included as part of the Desert National Wildlife Refuge. This - land is commonly referred to as the Joint-Use Area. - (7) The term ``revised memorandum of understanding'' means - the current memorandum of understanding revised as required by - subsection (c)(1) and other provisions of this section. - (8) The term ``Secretaries'' means the Secretary of the Air - Force and the Secretary of the Interior acting jointly. - (9) The term ``small force'' means a military force of - squad, platoon, or equivalent or smaller size. - (b) Improved Coordination and Management of Overlapping Lands.--The -Secretaries shall coordinate the management of the overlapping lands -for military use and wildlife refuge purposes consistent with their -respective jurisdictional authorities described in paragraphs (3) and -(5) of section 3011(b) of the Military Lands Withdrawal Act of 1999 -(title XXX of Public Law 106-65; 113 Stat. 887). - (c) Revision and Extension of Current Memorandum of -Understanding.-- - (1) Revision required.--Not later than 2 years after the - date of the enactment of this Act, the Secretaries shall revise - the current memorandum of understanding to facilitate the - management of the overlapping lands-- - (A) for the purposes for which the Desert National - Wildlife Refuge was established; and - (B) to support military training needs consistent - with the uses described under section 3011(b)(1) of the - Military Lands Withdrawal Act of 1999 (title XXX of - Public Law 106-65; 113 Stat. 886), as modified by - subsection (f). - (2) Relation to current law.--Upon completion of the - revision process, the revised memorandum of understanding shall - supersede the current memorandum of understanding. Subject to - paragraph (1) and subsection (d), clauses (i), (ii), (iii), and - (iv) of section 3011(b)(5)(E) of the Military Lands Withdrawal - Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 888) - shall apply to the revised memorandum of understanding in the - same manner as such clauses applied to the current memorandum - of understanding. - (d) Elements of Revised Memorandum of Understanding.-- - (1) In general.--The revised memorandum of understanding - shall include, at a minimum, provisions to address the - following: - (A) The proper management and protection of the - natural and cultural resources of the overlapping - lands. - (B) The sustainable use by the public of such - resources to the extent consistent with existing laws - and regulations, including applicable environmental - laws. - (C) The use of the overlapping lands for the - military training needs for which the lands are - withdrawn and reserved and for wildlife conservation - purposes for which the Desert National Wildlife Refuge - was established, consistent with their respective - jurisdictional authorities. - (2) Consultation.--The Secretaries shall prepare the - revised memorandum of understanding in consultation with the - following: - (A) The resource consultative committee. - (B) Affected Indian tribes. - (3) Tribal issues.--The revised memorandum of understanding - shall include provisions to address the manner in which the - Secretary of the Air Force will accomplish the following: - (A) Meet the United States trust responsibilities - with respect to affected Indian tribes, tribal lands, - and rights reserved by treaty or Federal law affected - by the withdrawal and reservation of the overlapping - lands. - (B) Guarantee reasonable access to, and use by - members of affected Indian tribes of high priority - cultural sites throughout the Nevada Test and Training - Range, including the overlapping lands, consistent with - the reservation of the lands for military use. - (C) Protect identified cultural and archaeological - sites throughout the Nevada Test and Training Range, - including the overlapping lands, and, in the event of - an inadvertent ground disturbance of such a site, - implement appropriate response activities to once again - facilitate historic and subsistence use of the site by - members of affected Indian tribes. - (D) Provide for timely consultation with affected - Indian tribes as required by paragraph (2). - (4) Guaranteeing department of the interior access.--The - revised memorandum of understanding shall guarantee that the - Secretary of the Interior, acting through the United States - Fish and Wildlife Service, has access to the overlapping lands - for not less than 54 days during each calendar year to carry - out the management responsibilities of the United States Fish - and Wildlife Service regarding the Desert National Wildlife - Refuge. - (5) Elements of usfws access.--The United States Fish and - Wildlife Service may carry out more than one management - responsibility on the overlapping lands on an access day - guaranteed by paragraph (4). Recognized United States Fish and - Wildlife Service management responsibilities include the - following: - (A) The installation or maintenance of wildlife - water development projects, for which at least 15 - access days guaranteed by paragraph (4) shall be - annually allotted during spring or winter months. - (B) The conduct of annual desert bighorn sheep - surveys. - (C) The management of the annual desert bighorn - sheep hunt in accordance with the National Wildlife - Refuge System Administration Act of 1966 (16 U.S.C. - 668dd-668ee), for which at least 16 access days - guaranteed by paragraph (4) shall be allotted. - (D) The conduct of annual biological surveys for - the Agassiz's desert tortoise and other federally - protected species, State-listed and at-risk species, - migratory birds, golden eagle nests and rare plants, - for which at least 30 access days guaranteed by - paragraph (4) shall be annually allotted during spring - or summer months. - (E) The conduct of annual invasive species surveys - and treatment, for which at least 15 access days - guaranteed by paragraph (4) shall be annually allotted - during spring or summer months. - (F) The conduct of annual contaminant surveys of - soil, springs, groundwater and vegetation, for which at - least 10 access days guaranteed by paragraph (4) shall - be annually allotted during spring or summer months. - (G) The regular installation and maintenance of - climate monitoring systems. - (H) Such additional access opportunities, as - needed, for wildlife research, including Global - Positioning System collaring of desert bighorn sheep, - bighorn sheep disease monitoring, investigation of - wildlife mortalities, and deploying, maintaining, and - retrieving output from wildlife camera traps. - (6) Hunting, fishing, and trapping.--The revised memorandum - of understanding shall continue to require that any hunting, - fishing, and trapping on the overlapping lands is conducted in - accordance with section 3020 of the Military Lands Withdrawal - Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 896). - (7) Other required matters.--The revised memorandum of - understanding also shall include provisions regarding the - following: - (A) The identification of current test and target - impact areas and related buffer or safety zones, to the - extent consistent with military purposes. - (B) The design and construction of all gates, - fences, and barriers in the overlapping lands, to be - constructed after the date of the enactment of this - Act, in a manner to allow wildlife access, to the - extent practicable and consistent with military - security, safety, and sound wildlife management use. - (C) The incorporation of any existing management - plans pertaining to the overlapping lands to the extent - that the Secretaries, upon review of such plans, - determine that incorporation into the revised - memorandum of understanding is appropriate. - (D) Procedures to ensure periodic reviews of the - revised memorandum of understanding are conducted by - the Secretaries, and that the State of Nevada, affected - Indian tribes, and the public are provided a meaningful - opportunity to comment upon any proposed substantial - revisions. - (e) Resource Consultative Committee.-- - (1) Establishment required.--Pursuant to the revised - memorandum of understanding, the Secretaries shall establish a - resource consultative committee comprised of members, - designated at the discretion of the Secretaries, from the - following: - (A) Interested Federal agencies. - (B) At least one elected official (or other - authorized representative) from the State of Nevada - generally and at least one representative from the - Nevada Department of Wildlife. - (C) At least one elected official (or other - authorized representative) from each local and tribal - government impacted by the Nevada Test and Training - Range. - (D) At least one representative of an interested - conservation organization. - (E) At least one representative of a sportsmen's - organization. - (F) At least one member of the general public - familiar with the overlapping lands and resources - thereon. - (2) Purpose.--The resource consultative committee shall be - established solely for the purpose of exchanging views, - information, and advice relating to the management of the - natural and cultural resources of the Nevada Test and Training - Range. - (3) Operational basis.--The resource consultative committee - shall operate in accordance with the terms set forth in the - revised memorandum of understanding, which shall specify the - Federal agencies and elected officers or representatives of - State, local, and tribal governments to be invited to - participate. The memorandum of understanding shall establish - procedures for creating a forum for exchanging views, - information, and advice relating to the management of natural - and cultural resources on the lands concerned, procedures for - rotating the chair of the committee, and procedures for - scheduling regular meetings. - (4) Coordinator.--The Secretaries shall appoint an - individual to serve as coordinator of the resource consultative - committee. The duties of the coordinator shall be specified in - the revised memorandum of understanding. The coordinator shall - not be a member of the committee. - (f) Authorized and Prohibited Activities.-- - (1) Additional authorized activities.--Additional military - activities on the overlapping lands are authorized to be - conducted, in a manner consistent with the National Wildlife - Refuge System Administration Act of 1966 (16 U.S.C. 668dd et - seq.), as follows: - (A) Emergency response. - (B) Establishment and use of existing or new - electronic tracking and communications sites. - (C) Continued use of roads in existence as of the - date of the enactment of this Act and maintenance of - such a road consistent with the types of purposes for - which the road has been used as of that date. - (D) Small force readiness training by Air Force, - Joint, or Coalition forces. - (2) Prohibited activities.--Military activities on the - overlapping lands are prohibited for the following purposes: - (A) Large force or heavy force activities. - (B) Designation of new weapon impact areas. - (C) Any ground disturbance activity not authorized - by paragraphs (1) and (2) of subsection (c). - (3) Rules of construction.--Nothing in this subsection - shall be construed to preclude the following regarding the - overlapping lands: - (A) Low-level overflights of military aircraft, - except that low-level flights of military aircraft over - the United States Fish and Wildlife Service Corn Creek - field station and visitor center are prohibited. - (B) The designation of new units of special use - airspace. - (C) The use or establishment of military flight - training routes. - (g) Tribal Liaison Positions.-- - (1) Access coordinator.--The Secretary of the Air Force - shall create a tribal liaison position for the Nevada Test and - Training Range, to be held by a member of an affected Indian - tribe, who will help coordinate access to cultural and - archaeological sites throughout the Nevada Test and Training - Range and accompany members of Indian tribes accessing such - sites. - (2) Cultural resources liaison.--The Secretary of the Air - Force shall create a tribal liaison position for the Nevada - Test and Training Range, to be held by a member of an affected - Indian tribe, who will serve as a tribal cultural resources - liaison to ensure that-- - (A) appropriate steps are being taken to protect - cultural and archaeological sites throughout the Nevada - Test and Training Range; and - (B) the management plan for the Nevada Test and - Training Range is being followed. - (h) Fish and Wildlife Liaison.--The Secretaries shall create a Fish -and Wildlife Service liaison position for the Nevada Test and Training -Range, to be held by a Fish and Wildlife Service official designated by -the Director of the United States Fish and Wildlife Service, who will -serve as a liaison to ensure that-- - (1) appropriate steps are being taken to protect Fish and - Wildlife Service managed resources throughout the Nevada Test - and Training Range; and - (2) the management plan for the Nevada Test and Training - Range is being followed. - -SEC. 2845. SPECIFIED DURATION OF WHITE SANDS MISSILE RANGE LAND - WITHDRAWAL AND RESERVATION AND ESTABLISHMENT OF SPECIAL - RESERVATION AREA FOR NORTHERN AND WESTERN EXTENSION - AREAS. - - (a) Duration of Land Withdrawal and Reservation.--The withdrawal -and reservation of lands (known as the White Sands Missile Range) made -by section 2951 of the Military Land Withdrawals Act of 2013 (title -XXIX of Public Law 113-66; 127 Stat. 1039), and the special reservation -area established by this section, shall terminate on October 1, 2046. - (b) Special Reservation Area.-- - (1) Establishment.--There is hereby established a special - reservation area consisting of the approximately 341,415 acres - of public land (including interests in land) in Socorro and - Torrance Counties, New Mexico, and the approximately 352,115 - acres of public land (including interests in land) in Sierra, - Socorro, and Dona Ana Counties, New Mexico, depicted as - Northern Call-Up Area and Western Call-Up Area, respectively, - on the maps entitled ``WSMR Northern Call-Up Area'' and ``WSMR - Western Call-Up Area'', both dated August 16, 2016. These lands - include approximately 10,775 acres under the administrative - jurisdiction of the Secretary of the Army. - (2) Reservation generally.--The special reservation area, - excluding the portion of the special reservation area under the - administrative jurisdiction of the Secretary of the Army, is - reserved for use by the Secretary of the Army for military - purposes consisting of overflight research, development, test, - and evaluation and training. - (3) Army lands.--The portion of the special reservation - area under the administrative jurisdiction of the Secretary of - the Army is reserved for use by the Secretary of the Army for - military purposes as determined by the Secretary of the Army. - (c) Exception From Special Reservation.--The Secretary of the Army -may permit, on a case-by-case basis and consistent with section 44718 -of title 49, United States Code, the erection in the special -reservation area established by subsection (b) of a structure that -extends higher than 50 feet in height above the surface estate. - (d) Maps and Legal Descriptions.--Section 3012 of the Military Land -Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 127 Stat. -1026) shall apply with respect to the maps referred to in subsection -(a) and the preparation of legal descriptions of the special -reservation area established by subsection (b), except that the -reference to the date of the enactment of that Act shall be deemed to -refer to the date of the enactment of this Act. - (e) Rules of Construction.--The establishment of the special -reservation area by subsection (b) shall not be construed-- - (1) to alter the terms, operation, or duration of any - agreement entered into by the Secretary of the Army or the - Secretary of the Interior involving any portion of the lands - included in the special reservation area, and the Secretaries - shall continue to comply with the terms of any such agreement; - or - (2) to vest in the Secretary of the Army or the Secretary - of the Interior any authority vested in the Secretary of - Transportation or the Administrator of the Federal Aviation - Administration. + ``(vi) Chairperson and vice chairperson.-- + + ``(I) In general.--The members of the executive + committee shall elect from among the members-- + + ``(aa) 1 member to serve as the Chairperson of + the executive committee; and + ``(bb) 1 member to serve as the Vice + Chairperson of the executive committee. -SEC. 2846. GRAND CANYON CENTENNIAL PROTECTION ACT. - - (a) Short Title.--This section may be cited as the ``Grand Canyon -Centennial Protection Act''. - (b) Withdrawal of Certain Federal Land in the State of Arizona.-- - (1) Definition of map.--In this section, the term ``Map'' - means the map prepared by the Bureau of Land Management - entitled ``Grand Canyon Centennial Protection Act'' and dated - July 11, 2019. - (2) Withdrawal.--Subject to valid existing rights, the - approximately 1,006,545 acres of Federal land in the State of - Arizona, generally depicted on the Map as ``Federal Mineral - Estate to be Withdrawn'', including any land or interest in - land that is acquired by the United States after the date of - the enactment of this section, are hereby withdrawn from-- - (A) all forms of entry, appropriation, and disposal - under the public land laws; - (B) location, entry, and patent under the mining - laws; and - (C) operation of the mineral leasing, mineral - materials, and geothermal leasing laws. - (3) Availability of map.--The Map shall be kept on file and - made available for public inspection in the appropriate offices - of the Forest Service and the Bureau of Land Management. + ``(II) Duties.--The duties of each of the + Chairperson and the Vice Chairperson shall be included + in the memorandum of understanding under clause (i). + + ``(vii) Meetings.-- + + ``(I) Frequency.--The executive committee shall + meet not less frequently than 3 times each calendar + year. + ``(II) Meeting locations.--Locations of meetings of + the executive committee shall rotate to facilitate ease + of access for all executive committee members. + ``(III) Public accessibility.--Meetings of the + executive committee shall-- + + ``(aa) be open to the public; and + ``(bb) provide a forum for the public to + provide comment regarding the management of, and + public access to, the Nevada Test and Training + Range and the Desert National Wildlife Refuge. + ``(viii) Conditions and terms of appointment.-- + + ``(I) In general.--Each member of the executive + committee shall serve voluntarily and without + compensation. + ``(II) Term of appointment.-- + + ``(aa) In general.--Each member of the + executive committee shall be appointed for a term + of 4 years. + ``(bb) Original members.--Notwithstanding item + (aa), the Secretary of the Interior and the + Secretary of the Air Force shall select-- + ``(AA) \1/2\ of the original members of the + executive committee to serve for a term of 4 + years; and + ``(BB) \1/2\ of the original members of the + executive committee to serve for a term of 2 + years. + + ``(III) Reappointment and replacement.--The + Secretary of the Interior and the Secretary of the Air + Force may reappoint or replace a member of the + executive committee if-- + + ``(aa) the term of the member has expired; + ``(bb) the member has resigned; or + ``(cc) the position held by the member has + changed to the extent that the ability of the + member to represent the group or entity that the + member represents has been significantly affected. + ``(ix) Liaisons.--The Secretary of the Air Force and + the Secretary of the Interior shall each appoint + appropriate operational and land management personnel of + the Department of the Air Force and the Department of the + Interior, respectively, to participate in, and serve as + liaisons to, the executive committee.''. Subtitle F--Asia-Pacific and Indo-Pacific Issues SEC. 2851. CHANGE TO BIENNIAL REPORTING REQUIREMENT FOR INTERAGENCY - COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM - REALIGNMENT. - +COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM REALIGNMENT. Section 2835(e)(1) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84; 10 U.S.C. 2687 note) is amended-- - (1) in the paragraph heading, by striking ``Annual'' and - inserting ``Biennial''; and - (2) in the matter preceding subparagraph (A)-- - (A) by striking ``February 1 of each year'' and - inserting ``February 1, 2022, and every second February - 1 thereafter''; - (B) by striking ``fiscal year'' and inserting ``2 - fiscal years''; - (C) by striking ``such year'' and inserting ``such - years''; and - (D) by striking ``the year'' and inserting ``the - years''. - + (1) in the paragraph heading, by striking ``Annual'' and + inserting ``Biennial''; and + (2) in the matter preceding subparagraph (A)-- + (A) by striking ``February 1 of each year'' and inserting + ``February 1, 2022, and every second February 1 thereafter''; + (B) by striking ``fiscal year'' and inserting ``two fiscal + years''; + (C) by striking ``such year'' and inserting ``such years''; + and + (D) by striking ``the year'' and inserting ``the years''. SEC. 2852. ADDITIONAL EXCEPTION TO RESTRICTION ON DEVELOPMENT OF PUBLIC - INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF MARINE - CORPS FORCES IN ASIA-PACIFIC REGION. - +INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF MARINE CORPS FORCES IN +ASIA-PACIFIC REGION. Notwithstanding section 2821(b) of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113- 291; 10 U.S.C. 2687 note), the Secretary of Defense may proceed with @@ -51152,10 +53066,8 @@ Public Law 113-66; 127 Stat. 1017) and entitled ``Economic Adjustment Committee Implementation Plan Supporting the Preferred Alternative for the Relocation of Marine Corps Forces to Guam'', subject to the availability of funds for the project. - SEC. 2853. DEVELOPMENT OF MASTER PLAN FOR INFRASTRUCTURE TO SUPPORT - ROTATIONAL ARMED FORCES IN AUSTRALIA. - +ROTATIONAL ARMED FORCES IN AUSTRALIA. (a) Master Plan Required.--The Secretary of Defense shall develop a master plan for the construction of infrastructure required to support the rotational presence of units and members the United States Armed @@ -51163,29 +53075,26 @@ Forces in the Northern Territory of the Commonwealth of Australia (in this section referred to as the ``Northern Territory''). (b) Master Plan Elements.--The master plan shall include the following: - (1) A list and description of the scope, cost, and schedule - for each military construction, repair, or other infrastructure - project carried out at installations or training areas in the - Northern Territory since October 1, 2011. - (2) A list and description of the scope, cost, and schedule - for each military construction, repair, or other infrastructure - project anticipated to be necessary at installations or - training areas in the Northern Territory during the 10-year - period beginning on the date of the enactment of this Act. - (3) The site plans for each installation and training area - in the Northern Territory. - (4) For each project included in the master plan pursuant - to paragraph (1) or (2), an explanation of-- - (A) whether the proponent of the project was the - Secretary of a military department, a combat support - agency, a combatant command, or the Commonwealth of - Australia; and - (B) the funding source, or anticipated resource - sponsor, for the project, including whether the project - is funded by the United States, by the Commonwealth of - Australia, or jointly by both countries. - (5) Such other issues as determined by the Secretary of - Defense to be appropriate. + (1) A list and description of the scope, cost, and schedule for + each military construction, repair, or other infrastructure project + carried out at installations or training areas in the Northern + Territory since October 1, 2011. + (2) A list and description of the scope, cost, and schedule for + each military construction, repair, or other infrastructure project + anticipated to be necessary at installations or training areas in + the Northern Territory during the 10-year period beginning on the + date of the enactment of this Act. + (3) For each project included in the master plan pursuant to + paragraph (1) or (2), an explanation of-- + (A) whether the proponent of the project was the Secretary + of a military department, a combat support agency, a combatant + command, or the Commonwealth of Australia; and + (B) the funding source, or anticipated resource sponsor, + for the project, including whether the project is funded by the + United States, by the Commonwealth of Australia, or jointly by + both countries. + (4) Such other issues as determined by the Secretary of Defense + to be appropriate. (c) Coordination.--The Secretary of Defense shall coordinate with the Commander of United States Indo-Pacific Command and the Secretaries of the military departments to develop the master plan. @@ -51194,149 +53103,732 @@ the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a copy of the master plan. The report shall be submitted in unclassified form, but may include a classified annex. - -SEC. 2854. STUDY AND STRATEGY REGARDING BULK FUELS MANAGEMENT IN UNITED - STATES INDO-PACIFIC COMMAND AREA OF RESPONSIBILITY. - - (a) Findings.--Congress makes the following findings: - (1) The ordering and delivery of bulk fuels is - organizationally bifurcated to the detriment of the Department - of Defense. - (2) Legacy bulk fuel management will not meet the - accelerated pace of operations required to support the National - Defense Strategy and the emphasis on disaggregated operations. - (3) The number of United States flagged tanking vessels - continues to decline, which has resulted in an excessive - reliance on foreign flagged tanking vessels to be available to - support the National Defense Strategy. - (4) A foreign flagged tanking vessel support strategy - induces excessive risk to support United States disaggregated - operations in a highly contested environment. - (5) The inadequacies of the legacy bulk fuel management - strategy is particularly acute in the United States Indo- - Pacific Command Area of Responsibility. - (b) Sense of Congress.--It is the sense of Congress that a single -organizational element should be responsible for the bulk fuel -management and delivery throughout the United States Indo-Pacific -Command Area of Responsibility. - (c) Study and Strategy Required.--The Secretary of the Navy shall-- - (1) conduct a study of current and projected bulk fuel - management strategies in the United States Indo-Pacific Command - Area of Responsibility; and - (2) prepare a proposed bulk fuel management strategy that - optimally supports bulk fuel management in the United States - Indo-Pacific Command Area of Responsibility. - (d) Elements of Study.--The study required by subsection (c) shall -include the following elements: - (1) A description of current organizational responsibility +SEC. 2854. BULK FUEL MANAGEMENT IN UNITED STATES INDO-PACIFIC COMMAND +AREA OF RESPONSIBILITY. + (a) Designation of Responsible Organizational Element.-- + (1) Designation required.--The Secretary of Defense shall + designate a single organizational element of the Department of + Defense to be responsible for bulk fuel management and delivery + throughout the United States Indo-Pacific Command Area of + Responsibility. + (2) Deadline for designation; notice.--Not later than 30 days + after the date of the enactment of this Act, the Secretary of + Defense shall make the designation required by paragraph (1) and + notify the Committees on Armed Services of the Senate and the House + of Representatives of the organizational element so designated. + (b) Bulk Fuel Management Strategy.-- + (1) Strategy required.--The organizational element designated + pursuant to subsection (a) shall prepare a bulk fuel management + strategy for the United States Indo-Pacific Command Area of + Responsibility designed to develop the required bulk fuel + management infrastructure and programs to optimally support bulk + fuel management in the United States Indo-Pacific Command Area of + Responsibility. + (2) Additional elements.--The strategy shall include the + following additional elements: + (A) A description of current organizational responsibility of bulk fuel management in the United States Indo-Pacific Command Area of Responsibility from ordering, storage, strategic transportation, and tactical transportation to the last tactical mile. - (2) A description of legacy bulk fuel management assets + (B) A description of legacy bulk fuel management assets that can be used to support the United States Indo-Pacific Command. - (3) Options for congressional consideration to better align - organizational responsibility through the entirety of the bulk - fuel management system in the United States Indo-Pacific - Command Area of Responsibility, as proposed in the bulk fuel - management strategy prepared pursuant to paragraph (2) of such - subsection. - (e) Coordination.--The Secretary of the Navy shall conduct the -study and prepare the bulk fuel management strategy required by -subsection (c) in coordination with subject-matter experts of the -United States Indo-Pacific Command, the United States Transportation -Command, and the Defense Logistics Agency. - (f) Report Required.--Not later than 1 year after the date of the -enactment of this Act, the Secretary of the Navy shall submit to the -congressional defense committees a report containing the results of the -study required by subsection (c) and the bulk fuel management strategy -required by such subsection. - (g) Prohibition on Certain Construction Pending Report.--None of -the funds authorized to be appropriated by this Act or otherwise made + (C) A description of current programs for platforms and + weapon systems and research and development aimed at managing + fuel constraints through decreasing demand. + (c) Coordination.--The bulk fuel management strategy required by +subsection (b) shall be prepared in coordination with subject-matter +experts of the United States Indo-Pacific Command, the United States +Transportation Command, the Defense Logistics Agency, and the military +departments. + (d) Prohibition on Certain Construction Pending Notice.--Of the +funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Navy for construction related to additional bulk fuel storage in the United States Indo-Pacific Command -Area of Responsibility may be obligated or expended until the report -required by subsection (f) is submitted to the congressional defense -committees. - -SEC. 2855. DEPARTMENT OF DEFENSE REPORT ON EASEMENTS AND LEASED LANDS - IN HAWAI`I. - - (a) Findings.--Congress finds the following: - (1) Lands throughout the State of Hawai`i currently owned - and leased by the Department of Defense or in which the - Department of Defense otherwise has a real property interest - are critical to maintaining the readiness of the Armed Forces - now stationed or to be stationed in Hawai`i and throughout the - Indo-Pacific region and elsewhere. - (2) Securing long-term continued utilization of those lands - by the Armed Forces is thus critical to the national defense. - (3) As a result of various factors, including complex land - ownership and utilization issues and competing actual and - potential uses, the interdependency of the various military - components, and the necessity of maintaining public support for - the presence and operations of the Armed Forces, the - realization of the congressional and Department of Defense - goals of ensuring the continuity of critical land and - facilities infrastructure requires a sustained, dedicated, - funded, top-level effort to coordinate realization of these - goals across the Armed Forces, between the Department of - Defense and other agencies of the Federal Government, and - between the Department of Defense and the State of Hawai`i and - its civilian sector. - (4) The end result of this effort must account for military - and civilian concerns and for the changing missions and needs - of all components of the Armed Forces stationed or otherwise - operating out of the State of Hawai`i as the Department of - Defense adjusts to meet the objectives outlined in the National - Defense Strategy. - (b) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Under Secretary of Defense for Acquisition -and Sustainment shall submit to the congressional defense committee a -report describing the progress being made by the Department of Defense -to renew Department of Defense land leases and easements in the State -of Hawai`i that encompass one acre or more and will expire before -January 1, 2030. The report shall include the following: - (1) The location, size, and expiration date of each lease - and easement. - (2) Major milestones and expected timelines for maintaining - access to the land covered by each lease and easement. - (3) Actions completed over the preceding 2 years for each - lease and easement. - (4) Department-wide and service-specific authorities - governing each lease and easement extension. - (5) A summary of coordination efforts between the Secretary - of Defense and the Secretaries of the military departments. - (6) The status of efforts to develop an inventory of - military land in Hawai`i, to include current possible future - uses, that would assist in land negotiations with the State of - Hawai`i. - (7) The risks and potential solutions to ensure the - renewability of required and critical leases and easements. - - Subtitle G--Other Matters +Area of Responsibility, not more than 50 percent may be obligated or +expended before the date on which the notice required by subsection +(a)(2) is submitted. -SEC. 2861. DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM. + Subtitle G--Authorized Pilot Programs +SEC. 2861. PILOT PROGRAM TO AUTHORIZE USE OF COST SAVINGS REALIZED FROM +INTERGOVERNMENTAL SERVICES AGREEMENTS FOR INSTALLATION-SUPPORT +SERVICES. + (a) Pilot Program Required.--Section 2679 of title 10, United +States Code, is amended-- + (1) by redesignating subsection (e) as subsection (f); and + (2) by inserting after subsection (d) the following new + subsection (e): + ``(e) Pilot Program for Use of Cost Savings Realized.--(1) Each +Secretary concerned shall conduct a pilot program under which the +Secretary will make available to the commander of each military +installation for which cost savings are realized as a result of an +intergovernmental support agreement entered into under this section an +amount equal to not less than 25 percent of the amount of such cost +savings for that military installation for a fiscal year. + ``(2) Amounts made available to an installation commander under +paragraph (1) shall be used solely to address sustainment restoration +and modernization requirements that have been approved by the major +subordinate command or equivalent component. + ``(3) With respect to each military installation for which amounts +are made available to the installation commander under paragraph (1), +the Secretary concerned shall certify, not less frequently than +annually for each fiscal year of the pilot program, to the +congressional defense committees the following: + ``(A) The name of the installation and the amount of the cost + savings achieved at the installation. + ``(B) The source and type of intergovernmental support + agreement that achieved the cost savings. + ``(C) The amount of the cost savings made available to the + installation commander under paragraph (1). + ``(D) The sustainment restoration and modernization purposes + for which the amount made available under paragraph (1) were used. + ``(4) The authority to conduct the pilot program shall expire +September 30, 2025.''. + (b) Promulgation of Guidance.--Not later than 180 days after the +date of the enactment of this Act, the Secretary of Defense shall +promulgate guidance for the development of the pilot program required +by subsection (e) of section 2679 of title 10, United States Code, as +added by subsection (a). +SEC. 2862. DEPARTMENT OF DEFENSE PILOT PROGRAM TO EVALUATE EXPANSION OF +LAND EXCHANGE AUTHORITY. + (a) Pilot Program Required.--Section 2869(a) of title 10, United +States Code, is amended by adding at the end the following new +paragraph: + ``(3)(A) The Secretary of Defense shall establish a pilot program +under which the Secretary concerned, during the term of the pilot +program, may use the authority provided by paragraph (1) to also convey +real property, including any improvements thereon, described in +paragraph (2) to any person who agrees, in exchange for the real +property, to provide-- + ``(i) installation-support services (as defined in 2679(e) of + this title); or + ``(ii) a new facility or improvements to an existing facility. + ``(B) The acquisition of a facility or improvements to an existing +facility using the authority provided by subparagraph (A) shall not be +treated as a military construction project for which an authorization +is required by section 2802 of this title. + ``(C) The expanded conveyance authority provided by subparagraph +(A) applies only during the five-year period beginning on the date on +which the Secretary of Defense issues guidance regarding the use by the +Secretaries concerned of such authority.''. + (b) Conditions on Use of Expanded Conveyance Authority.--Section +2869(b) of title 10, United States Code, is amended-- + (1) in paragraph (1)-- + (A) in the first sentence, by striking ``of the land to + be'' and inserting ``of the real property, installation-support + services, or facility or improvements to an existing + facility''; and + (B) in the second sentence, by striking ``of the land is + less than the fair market value of the real property to be + conveyed'' and inserting ``of the real property conveyed by the + Secretary concerned exceeds the fair market value of the real + property, installation-support services, or facility or + improvements received by the Secretary''; and + (2) by adding at the end the following new paragraph: + ``(3) The Secretary concerned may agree to accept a facility or +improvements to an existing facility under subsection (a)(3) only if +the Secretary concerned determines that the facility or improvements-- + ``(A) are completed and usable, fully functional, and ready for + occupancy; + ``(B) satisfy all operational requirements; and + ``(C) meet all Federal, State, and local requirements + applicable to the facility relating to health, safety, and the + environment.''. + (c) Issuance of Guidance.--Not later than 180 days after the date +of the enactment of this Act, the Secretary of Defense shall issue +guidance providing for the implementation of the pilot program required +by section 2869(a)(3) of title 10, United States Code, as added by this +section. +SEC. 2863. PILOT PROGRAM TO SUPPORT COMBATANT COMMAND MILITARY +CONSTRUCTION PRIORITIES. + (a) Pilot Program.--The Secretary of Defense shall conduct a pilot +program to evaluate the usefulness of reserving a portion of the +military construction funds of the military departments to help the +combatant commands satisfy their military construction priorities in a +timely manner. + (b) Location.--The Secretary of Defense shall conduct the pilot +program for the benefit of the United States Indo-Pacific Command in +the area of responsibility of the United States Indo-Pacific Command. + (c) Required Investment.--For each fiscal year during which the +pilot program is conducted, the Secretary of Defense shall reserve to +carry out military construction projects under the pilot program an +amount equal to 10 percent of the total amount authorized to be +appropriated for military construction projects by titles XXI, XXII, +and XXIII of the Military Construction Authorization Act for that +fiscal year. + (d) Commencement and Duration.-- + (1) Commencement.--The Secretary of Defense shall commence the + pilot program no later than October 1, 2023. The Secretary may + commence the pilot program as early as October 1, 2022, if the + Secretary determines that compliance with the reservation of funds + requirement under subsection (c) is practicable beginning with + fiscal year 2023. + (2) Duration.--The pilot program shall be in effect for the + fiscal year in which the Secretary commences the pilot program, as + described in paragraph (1), and the subsequent two fiscal years. + Any construction commenced under the pilot program before the + expiration date may continue to completion. + (e) Progress Report.--Not later than February 15 of the final +fiscal year of the pilot program, the Secretary of Defense shall submit +to the congressional defense committees a report evaluating the success +of the pilot program in improving the timeliness of the United States +Indo-Pacific Command in achieving its military construction priorities. +The Secretary shall include in the report-- + (1) an evaluation of the likely positive and negative impacts + were the pilot program extended or made permanent and, if extended + or made permanent, the likely positive and negative impacts of + expansion to cover all or additional combatant commands; and + (2) the recommendations of the Secretary regarding whether the + pilot program should be extended or made permanent and expanded. +SEC. 2864. PILOT PROGRAM TO TEST USE OF EMERGENCY DIESEL GENERATORS IN +A MICROGRID CONFIGURATION AT CERTAIN MILITARY INSTALLATIONS. + (a) Pilot Program Authorized.--The Secretary of Defense may conduct +a pilot program (to be known as the ``Emergency Diesel Generator +Microgrid Program'') to evaluate the feasibility and cost effectiveness +of connecting existing diesel generators at a military installation +selected pursuant to subsection (c) to create and support one or more +microgrid configurations at the installation capable of providing full- +scale electrical power for the defense critical facilities located at +the installation during an emergency involving the loss of external +electric power supply caused by an extreme weather condition, manmade +intentional infrastructure damage, or other circumstance. + (b) Goals of Pilot Program.--The goals of the Emergency Diesel +Generator Microgrid Program are-- + (1) to test assumptions about lower operating and maintenance + costs, parts interchangeability, lower emissions, lower fuel usage, + increased resiliency, increased reliability, and reduced need for + emergency diesel generators; and + (2) to establish design criteria that could be used to build + and sustain emergency diesel generator microgrids at other military + installations. + (c) Pilot Program Locations.--As the locations to conduct the +Emergency Diesel Generator Microgrid Program, the Secretary of Defense +shall select two major military installations located in different +geographical regions of the United States that the Secretary +determines-- + (1) are defense critical electric infrastructure sites or + contain, or are served by, defense critical electric + infrastructure; + (2) contain more than one defense critical function for + national defense purposes and the mission assurance of such + critical defense facilities are paramount to maintaining national + defense and force projection capabilities at all times; and + (3) face unique electric energy supply, delivery, and + distribution challenges that, based on the geographic location of + the installations and the overall physical size of the + installations, adversely impact rapid electric infrastructure + restoration after an interruption. + (d) Specifications of Diesel Generators and Microgrid.-- + (1) Generator specifications.--The Secretary of Defense shall + use existing diesel generators that are sized >/= 750kW output. + (2) Microgrid specifications.--The Secretary of Defense shall + create the microgrid using commercially available and proven + designs and technologies. The existing diesel generators used for + the microgrid should be spaced within 1.0 to 1.5 mile of each other + and, using a dedicated underground electric cable network, be tied + into a microgrid configuration sufficient to supply mission + critical facilities within the service area of the microgrid. A + selected military installation may contain more than one such + microgrid under the Emergency Diesel Generator Microgrid Program. + (e) Program Authorities.--The Secretary of Defense may use the +authority under section 2914 of title 10, United States Code (known as +the Energy Resilience and Conservation Investment Program), and energy +savings performance contracts to conduct the Emergency Diesel Generator +Microgrid Program. + (f) Definitions.--For purposes of the Emergency Diesel Generator +Microgrid Program: + (1) The term ``defense critical electric infrastructure'' has + the meaning given that term in section 215A of the Federal Power + Act (16 U.S.C. 824o-1). + (2) The term ``energy savings performance contract'' has the + meaning given that term in section 804(3) of the National Energy + Conservation Policy Act (42 U.S.C. 8287c(3)). + (3) The term ``existing diesel generators'' means diesel + generators located, as of the date of the enactment of this Act, at + a major military installation selected as a location for the + Emergency Diesel Generator Microgrid Program and intended for + emergency use. + (4) The term ``major military installation'' has the meaning + given that term in section 2864 of title 10, United States Code. +SEC. 2865. PILOT PROGRAM TO AUTHORIZE ADDITIONAL MILITARY CONSTRUCTION +PROJECTS FOR CHILD DEVELOPMENT CENTERS AT MILITARY INSTALLATIONS. + (a) Authorization of Additional Projects.--Each Secretary of a +military department shall conduct a pilot program under which the +Secretary may carry out military construction projects for child +development centers at military installations, as specified in the +funding table in section 4601 of a National Defense Authorization Act +for a fiscal year covered by the pilot program. The military +construction projects authorized under the pilot program are in +addition to other military construction projects authorized by this Act +or other National Defense Authorization Acts for fiscal years covered +by the pilot program. + (b) Reporting Requirement as Condition of Authorization.-- + (1) Report required.--Not later than 90 days after the date of + the enactment of a National Defense Authorization Act for a fiscal + year covered by the pilot program, the Secretary of the military + department concerned shall submit to the congressional defense + committees a report that describes the location, title, and cost, + together with a Department of Defense Form 1391, for each military + construction project the Secretary proposes to carry out under the + pilot program pursuant to that National Defense Authorization Act. + (2) Timing of availability of funds.--No funds may be obligated + or expended for a military construction project under the pilot + program-- + (A) unless the project is included in a report submitted + under paragraph (1); and + (B) until the expiration of the 30-day period beginning on + the date on which the Secretary concerned submits the report + under paragraph (1) in which the project is included. + (c) Expiration of Authorization.--Section 2002 of a National +Defense Authorization Act for a fiscal year covered by the pilot +program shall apply with respect to the authorization of a military +construction project carried out under the pilot program pursuant to +that National Defense Authorization Act in the same manner as such +section applies to the authorization of military construction projects +contained in titles XXI through XXIII of that National Defense +Authorization Act. + (d) Covered Fiscal Years.--The pilot program shall be carried out +for each of fiscal years 2021 through 2025, as provided in the National +Defense Authorization Act for that fiscal year. +SEC. 2866. DEPARTMENT OF THE ARMY PILOT PROGRAM FOR DEVELOPMENT AND USE +OF ONLINE REAL ESTATE INVENTORY TOOL. + (a) Pilot Program Required.-- + (1) Establishment.--The Secretary of the Army shall establish a + pilot program for the development of an online real estate tool to + identify the existing inventory of space available at the Army + installations selected by the Secretary under paragraph (2) for the + purposes specified in subsection (b). + (2) Selection of pilot locations.--The Secretary shall evaluate + the online inventory tool at not less than five, but not more than + 10, Army installations selected by the Secretary as appropriate + locations for evaluation of the online inventory tool. + (3) Consultation.--The Secretary shall establish the pilot + program and develop the online inventory tool in consultation with + the Administrator of General Services and the Assistant Secretary + of Defense for Sustainment. + (b) Purposes.--The purposes of the online inventory tool are-- + (1) to achieve efficiencies in real estate property management + consistent with the National Defense Strategy goal of finding + greater efficiencies within Department of Defense operations; + (2) to provide a means to better market to the public + information regarding space available at Army installations for + better utilization of such space; and + (3) to provide a means to better quantify existing space + available at Army installations and how it is utilized for current + missions and requirements. + (c) Considerations.--To establish the pilot program, the Secretary +of the Army shall-- + (1) consider innovative approaches, including the use of other + transaction authorities consistent with section 2371 of title 10, + United States Code, and the use of commercial off-the-shelf + technologies; + (2) develop appropriate protections of sensitive or classified + information from being included with the online inventory tool; and + (3) develop appropriate levels of access for private sector + users of the online inventory tool. + (d) Establishment of Use Policy.--In connection with the +development of the online inventory tool, the Secretary of the Army +shall develop policy requiring the use of the online inventory tool at +the Army installations selected under subsection (a)(2) to query for +existing inventory at such installations before any military +construction or off-post leases are agreed to for such installations. +The Secretary shall ensure that all relevant notifications to +congressional defense committees include certification that the online +inventory tool was used. + (e) Online Inventory Tool Defined.--In this section, the term +``online inventory tool'' means the online real estate tool developed +under the pilot program to identify existing inventory of space +available at Army installations selected to participate in the pilot +program. + (f) Rule of Construction.--Nothing in this section shall be +construed to effect the application of title V of the McKinney-Vento +Homeless Assistance Act (42 U.S.C. 11411 et seq.). + (g) Reporting Requirement.--Not later than February 15, 2025, the +Secretary of the Army shall submit to Committees on Armed Services of +the Senate and the House of Representatives a report evaluating the +success of the pilot program in achieving the purposes specified in +subsection (b). At a minimum, the report also shall identify and +contain the following: + (1) The Army installations selected under subsection (a)(2) to + participate in the pilot program. + (2) The number of real estate agreements entered into by the + Department of the Army that were facilitated by use of the online + inventory tool, including for each agreement the installation, + amount of space, value, and purpose of the agreement. + (3) An evaluation of the extent to which use of the online + inventory tool reduced the need for military construction or off- + post leases. + (4) An evaluation of any impediments to efficient use of the + online inventory tool. + (5) The recommendations of the Secretary regarding whether the + pilot program should be extended, expanded, or made permanent. + (h) Duration.--The authority of the Secretary of the Army to +conduct the pilot program shall expire on September 30, 2025. + + Subtitle H--Miscellaneous Studies and Reports + +SEC. 2871. REPORTS REGARDING DECISION-MAKING PROCESS USED TO LOCATE OR +RELOCATE MAJOR HEADQUARTERS AND CERTAIN MILITARY UNITS AND WEAPON +SYSTEMS. + (a) One-time Report on Decision-making Process.-- + (1) Report required.--Not later than March 1, 2021, each + Secretary of a military department (and the Secretary of Defense + with respect to matters concerning the Defense Agencies and the + Joint Staff) shall submit a report to the Committees on Armed + Services of the House of Representatives and the Senate regarding + the process to be used by the Secretary concerned to make basing + decisions for each Armed Force under the jurisdiction of the + Secretary concerned in the following circumstances: + (A) Whenever a military installation is to be selected to + serve as the first permanent location for a new major + headquarters, covered military unit, or major weapon system. + (B) Whenever a permanent change is considered in the basing + of a major headquarters, covered military unit, or major weapon + system by relocating the major headquarters, covered military + unit, or major weapon system from its current military + installation to a different military installation. + (2) Elements of report.--The report submitted by the Secretary + concerned under paragraph (1) shall include at a minimum the + following: + (A) A description of the decision-making process to be used + by that Secretary for basing decisions covered under + subparagraph (A) and (B) of such paragraph. + (B) A timeline for the scenarios outlined in such + subparagraphs, including the decision authority for each + decision to be made during the decision-making process. + (C) The congressional engagement plan to be used to notify + the Committees on Armed Services of the House of + Representatives and the Senate and interested Members of + Congress at key points throughout the decision-making process. + (D) The plan for implementing the requirements of section + 483 of title 10, United States Code, as added by subsection + (b). + (3) Definitions.--The definitions contained in section 483 of + title 10, United States Code, as added by subsection (b), apply to + this subsection. + (b) Congressional Notifications Required Related to Basing +Decision-making Process.--Chapter 23 of title 10, United States Code, +is amended by inserting after section 482 the following new section: +``Sec. 483. Notifications related to basing decision-making process + ``(a) Notification Required.--At each point in the decision-making +process specified in subsection (b), the Secretary concerned shall +notify the congressional defense committees of the decision-making +process to be used or the decision-making process used, whichever +applies-- + ``(1) to select a military installation to serve as the first + permanent location for a new major headquarters, covered military + unit, or major weapon system; or + ``(2) to make a permanent change in the basing of a major + headquarters, covered military unit, or major weapon system by + relocating the major headquarters, covered military unit, or major + weapon system from its current military installation to a different + military installation. + ``(b) Deadlines for Submission of Notice.--The Secretary concerned +shall provide the notice required by subsection (a) within seven days +after each of the following decision points during the decision-making +process: + ``(1) When the Secretary concerned issues any formal internal + guidance to begin the decision-making process regarding the + location or relocation of a major headquarters, covered military + unit, or major weapon system. + ``(2) When the Secretary concerned selects between two and five + military installations as the most likely candidate locations for a + major headquarters, covered military unit, or major weapon system + in order to subject those installations to additional analysis. + ``(3) When the Secretary concerned selects a specific military + installation as the preferred location for the major headquarters, + covered military unit, or major weapon system. + ``(c) Required Elements of Notification.--In a notice required by +subsection (a), the Secretary concerned shall include at a minimum the +following: + ``(1) A description of the manner in which the joint and all- + domain training capabilities at each candidate location, if + applicable to the type of basing decision-making process at issue, + will be or was, whichever applies, comparatively analyzed among + candidate military installations, separate from and in addition to + the mission criteria to be used or that was used to make the basing + decision. + ``(2) A description of the manner in which the airspace and + training areas available at each candidate location, if applicable + to the type of basing decision-making process at issue, will be or + was, whichever applies, comparatively analyzed among candidate + military installations, separate from and in addition to the + mission criteria to be used or that was used to make the basing + decision. + ``(3) A description of the manner in which community support + for the basing decision-making process described in subsection (a) + will be or was, whichever applies, comparatively analyzed among + candidate military installations, including consultation with + appropriate State officials and officials of units of local + government in which each installation is located regarding matters + affecting the local community, such as transportation, utility + infrastructure, housing, education, and family support activities. + In any case in which the Secretary concerned selects as the + preferred location a military installation with less community + support compared to other locations, as indicated by such a + comparative analysis, an explanation of the operational + considerations that formed the basis for such selection. + ``(4) An explanation of how each candidate location will be or + was, whichever applies, scored against the factors referred to in + the preceding paragraphs, including the weight assigned to each + factor. + ``(5) A summary of any internal score cards that will be or + were, whichever applies, used to make the basing decision. + ``(d) Notice and Wait Requirements.--No irrevocable action may be +taken to effect or implement a basing decision reached through the +decision-making process described in subsection (a) until the end of +the 14-day period beginning on the date on which the Secretary +concerned submits, in an electronic medium pursuant to section 480 of +this title, the notice referred to in subsection (b)(3) regarding a +preferred location for the major headquarters, covered military unit, +or major weapon system. + ``(e) Annual Reporting Requirement.-- + ``(1) Report required.--Not later than 10 days after the date + on which the budget request for a fiscal year is submitted to + Congress under section 1105 of title 31, the Secretary concerned + shall submit to the Committees on Armed Services of the House of + Representatives and the Senate a report providing the following: + ``(A) An update on the status and anticipated completion + date of each decision-making process that was commenced or was + underway during the previous two fiscal years regarding the + location or relocation of a major headquarters, covered + military unit, or major weapon system. + ``(B) A list and description of anticipated basing + decisions to be made regarding the location or relocation of a + major headquarters, covered military unit, or major weapon + system over the period covered by the future-years defense + plan. + ``(C) A timeline for a congressional engagement plan to + brief the Committees on Armed Services of the House of + Representatives and the Senate during the decision-making + process and when decision notifications would be provided to + interested Members of Congress. + ``(2) Elements of report.--To satisfy the requirements of + paragraph (1)(B), a report under this subsection shall include at a + minimum the following: + ``(A) An estimate of the number of members of the armed + forces and civilian personnel potentially impacted by the + basing decision. + ``(B) The locations to be considered, if already known. + ``(C) The expected timeline for beginning the decision- + making process and reaching a final determination. + ``(f) Definitions.--In this section: + ``(1) The term `covered military unit' means a unit of the + armed forces whose initial assignment to a military installation or + relocation from a military installation to a different military + installation requires the preparation of an environmental impact + statement in accordance with the National Environmental Policy Act + of 1969 (42 U.S.C. 4321 et seq.). + ``(2) The term `major headquarters' means the headquarters of a + military unit or command that is the appropriate command of a + general officer or flag officer. + ``(3) The term `major weapon system' means a weapon system that + is treatable as a major system under section 2302(5) of title. + ``(4) The term `military installation' means a base, camp, + post, station, yard, center, homeport facility for any ship, or + other activity under the jurisdiction of the Department of Defense, + including any leased facility, which is located within any of the + several States, the District of Columbia, the Commonwealth of + Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth + of the Northern Mariana Islands, or Guam. Such term does not + include any facility used primarily for civil works, rivers and + harbors projects, or flood control projects. + ``(5) The term `Secretary concerned' means-- + ``(A) the Secretary of the military department concerned; + and + ``(B) the Secretary of Defense with respect to matters + concerning the Defense Agencies and the Joint Staff.''. + (c) Clerical Amendment.--The table of sections at the beginning of +chapter 23 of title 10, United States Code, is amended by inserting +after the item relating to section 482 the following new item: + +``483. Notifications related to basing decision-making process.''. +SEC. 2872. REPORT ON EFFECT OF NOISE RESTRICTIONS ON MILITARY +INSTALLATIONS AND OPERATIONS AND DEVELOPMENT AND IMPLEMENTATION OF +NOISE MITIGATION MEASURES. + (a) Report Requirement.--Not later than July 1, 2021, the Secretary +of Defense shall submit to the congressional defense committees a +report describing-- + (1) the types and extent of noise restrictions impacting + military installations inside the United States, including outlying + landing fields and training ranges; + (2) the effect of such noise restrictions on the operational + readiness and efficiency of aviation units stationed at or using + the military installations; + (3) the voluntary noise mitigation measures, encroachment + management measures, and community relations initiatives used by + the military departments to prevent or lessen the need for noise + restrictions; and + (4) the progress being made to develop and implement additional + cost-effective technological measures to mitigate noise emanating + from operations at military installations and to prevent or lessen + the need for noise restrictions. + (b) Consultation.--The Secretary of Defense shall prepare the +report in consultation with the Secretaries of the military +departments. +SEC. 2873. STUDY AND REPORT REGARDING CONTINUED NEED FOR PROTECTED +AIRCRAFT SHELTERS IN EUROPE AND STATUS OF UNITED STATES AIR BASE +RESILIENCY IN EUROPE. + (a) Study Required.--The Secretary of Defense, in consultation with +the United States European Command, shall conduct a study to determine +the following: + (1) The continued need for protected aircraft shelters in + Europe utilized by the United States Armed Forces. + (2) The feasibility of providing alternative protections + against attack for United States military aircraft based in Europe + that would be as effective as, or more effective than, protected + aircraft shelters against attack. + (3) The current resiliency status of air bases in Europe under + the operational control of the Department of Defense or a military + department and utilized by the United States Armed Forces. + (4) The effect of the proposed demotion of protected aircraft + shelters in Europe on the resiliency of such air bases in Europe. + (b) Report Requirement.--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 containing the results of the +study required by subsection (a). The report shall be submitted in +unclassified form, but may include a classified annex. + (c) Prohibition on Certain Activities Pending Study.--Until the +study required by subsection (a) is submitted as provided in subsection +(b), funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2021 and funds authorized to be appropriated +by a National Defense Authorization Act or otherwise made available for +fiscal year 2022 may not be obligated or expended to implement any +activity that would have the effect of-- + (1) reducing the resiliency of any air base in Europe under the + operational control of the Department of Defense or a military + department and utilized by the United States Armed Forces; or + (2) demolishing any protected aircraft shelter in Europe + utilized by the United States Armed Forces. + (d) Waiver and Exception.--The Secretary of Defense may waive the +prohibition in subsection (c)(2) and authorize the demolition of a +protected aircraft shelter covered by the prohibition at any time after +the end of the 14-day period beginning on the date on which the +Secretary certifies to the congressional defense committees, in an +electronic medium pursuant to section 480 of title 10, United States +Code, that the protected aircraft shelter-- + (1) is no longer needed to meet foreseeable threats to United + States military aircraft in the European theater; or + (2) is no longer a viable defensive measure to protect against + such foreseeable threats. + + Subtitle I--Other Matters + +SEC. 2881. MILITARY CONSTRUCTION INFRASTRUCTURE AND WEAPON SYSTEM +SYNCHRONIZATION FOR GROUND BASED STRATEGIC DETERRENT. + (a) Authorization for Planning and Design.--Of the amounts +authorized to be appropriated for planning and design, Air Force, for +fiscal year 2021, for the Ground Based Strategic Deterrent, as +specified in the funding table in section 4601, the Secretary of the +Air Force may use not more than $15,000,000 for the purpose of +obtaining or carrying out necessary planning and construction design in +connection with military construction projects and other infrastructure +projects necessary to support the development and fielding of the +Ground Based Strategic Deterrent weapon system. + (b) Air Force Project Management and Supervision.--Each contract +entered into by the United States for a military construction project +or other infrastructure project in connection with the development and +fielding of the Ground Based Strategic Deterrence weapon system shall +be carried out under the direction and supervision of the Secretary of +the Air Force. The Secretary may utilize and consult with the Air Force +Civil Engineer Center, the Army Corps of Engineers, and the Naval +Facilities Engineering Command for subject matter expertise, +contracting capacity, and other support as determined to be necessary +by the Secretary to carry out this section. + (c) Use of Single Prime Contractor.--The Secretary of the Air Force +may award contracts for planning and construction design and for +military construction projects and other infrastructure projects +authorized by law in connection with the development and fielding of +the Ground Based Strategic Deterrent weapon system to a single prime +contractor if the Secretary determines that awarding the contracts to a +single prime contractor-- + (1) is in the best interest of the Government; and + (2) is necessary to ensure the proper synchronization and + execution of work related to the development and fielding of the + Ground Based Strategic Deterrent weapon system and its associated + military construction projects and other infrastructure projects. + (d) Exceptions to Current Law.--The Secretary of the Air Force may +carry out this section without regard to the following provisions of +law: + (1) Section 2304 of title 10, United States Code. + (2) Section 2851(a) of such title. + (e) Expiration of Authority.--The authorities provided by this +section shall expire upon the earlier of the following: + (1) The date that is 15 years after the date of the enactment + of this Act. + (2) The date on which the Secretary of the Air Force submits to + the congressional defense committees a certification that the + fielding of the Ground Based Strategic Deterrent weapon system is + complete. + (f) Reporting Requirements.-- + (1) Initial report.--Not later than one year after the date of + the enactment of this Act, the Secretary of the Air Force shall + submit to the congressional defense committees a report describing + the actions taken and to be taken by the Secretary to ensure that + the development and fielding of the Ground Based Strategic + Deterrent weapon system is synchronized with its associated + military construction projects and other infrastructure projects. + (2) Report elements.--The report required by paragraph (1) + shall contain, at minimum, the following elements: + (A) A description of the estimated total cost, scope of + work, location, and schedule for the planning and design, + military construction, and other infrastructure investments + necessary to support the development and fielding of the Ground + Based Strategic Deterrent weapon system. + (B) A recommendation regarding the methods by which a + programmatic military construction authorization, authorization + of appropriations, and appropriation, on an installation-by- + installation basis, could be used to support the synchronized + development and fielding of the Ground Based Strategic + Deterrent and its associated military construction projects and + other infrastructure projects. + (C) Identification of the specific provisions of law, if + any, that the Secretary determines may adversely impact or + delay the development and fielding of the Ground Based + Strategic Deterrent weapon system and its associated + construction projects and other infrastructure projects, + assuming, as described in subparagraph (B), the use of a + programmatic military construction authorization on an + installation-by-installation basis. + (D) A plan to ensure sufficient capability and capacity to + cover civilian and military manning for oversight and contract + management related to the development and fielding of the + Ground Based Strategic Deterrent weapon system and its + associated construction projects and other infrastructure + projects. + (3) Updates.--At the same time that the budget is submitted + under section 1105(a) of title 31, United States Code, for fiscal + years 2023 through 2026, the Secretary of Defense shall notify the + congressional defense committees of any deviations made during the + current or preceding fiscal year or intended to be made during the + current or next fiscal year from the synchronization actions + described in the report required by paragraph (1), in particular + the report elements specified in paragraph (2). +SEC. 2882. DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM. (a) Prioritization of Community Infrastructure Projects.--Section 2391(d)(1) of title 10, United States Code, is amended-- - (1) by inserting ``(A)'' after ``(1)''; - (2) by striking ``, if the Secretary determines that such - assistance will enhance the military value, resilience, or - military family quality of life at such military - installation''; and - (3) by adding at the end the following new subparagraph: + (1) by inserting ``(A)'' after ``(1)''; + (2) by striking ``, if the Secretary determines that such + assistance will enhance the military value, resilience, or military + family quality of life at such military installation''; and + (3) by adding at the end the following new subparagraph: ``(B) The Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under this subsection, including selection of community infrastructure projects in the following order of priority: - ``(i) Projects that will enhance military installation - resilience. - ``(ii) Projects that will enhance military value at a - military installation. - ``(iii) Projects that will enhance military family quality - of life at a military installation.''. + ``(i) Projects that will enhance military value at a military + installation, taking into consideration the military value criteria + originally developed by the Secretary in compliance with the + amendment made by section 3002 of the Military Construction + Authorization Act for Fiscal Year 2002 (division B of Public Law + 107-107; 115 Stat. 1344). + ``(ii) Projects that will enhance military installation + resilience, as defined in section 101(e)(8) of this title. + ``(iii) Projects that will enhance military family quality of + life at a military installation, taking into consideration + subsection (e)(4)(C).''. (b) Cost-Sharing Requirements.--Paragraph (2) of section 2391(d) of title 10, United States Code, is amended to read as follows: ``(2)(A) The criteria established for the selection of community @@ -51348,12 +53840,12 @@ percent of the funding for the community infrastructure project. carried out in a rural area or the Secretary of Defense determines that a proposed community infrastructure project is advantageous for reasons related to national security, the Secretary-- - ``(i) shall not penalize a State or local government for - offering to make a contribution of 30 percent or less of the - funding for the community infrastructure project; and - ``(ii) may reduce the requirement for a State or local - government contribution to 30 percent or less or waive the - cost-sharing requirement entirely.''. + ``(i) shall not penalize a State or local government for + offering to make a contribution of 30 percent or less of the + funding for the community infrastructure project; and + ``(ii) may reduce the requirement for a State or local + government contribution to 30 percent or less or waive the cost- + sharing requirement entirely.''. (c) Specified Duration of Program.--Section 2391(d)(4) of title 10, United States Code, is amended by striking ``upon the expiration of the 10-year period which begins on the date of the enactment of the @@ -51362,147 +53854,186 @@ National Defense Authorization Act for Fiscal Year 2019'' and inserting (d) Clarification of Military Family Quality of Life Criteria.-- Section 2391(e)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: - ``(C) For the purposes of determining whether proposed - community infrastructure will enhance quality of life, the - Secretary of Defense shall consider the impact of the community - infrastructure on alleviating installation commuter workforce - issues and the benefit of schools or other local infrastructure - located off of a military installation that will support - members of the armed forces and their dependents residing in - the community.''. - -SEC. 2862. PILOT PROGRAM ON REDUCTION OF EFFECTS OF MILITARY AVIATION - NOISE ON CERTAIN COVERED PROPERTY. - - (a) In General.--The Secretary of Defense shall carry out a 5-year -pilot program under which the commander of a military installation may -provide funds for the purpose of installing noise insulation on covered -property impacted by military aviation noise from aircraft utilizing -the installation. - (b) Cost Sharing Requirement.--To be eligible to receive funds -under the pilot program, a recipient shall enter into an agreement with -the commander to cover at least 50 percent of the cost to acquire and -install the noise insulation for the covered property. - (c) Noise Reduction Threshold.--To be eligible to receive funds -under the pilot program, the commander must determine that, if noise -insulation is installed as requested, noise at the covered property -would be reduced by at least five dB. - (d) Other Funding Limitations.--Funds provided under the pilot -program shall be used for the installation of noise insulation for -covered property-- - (1) located within a Department of Defense noise contour - between 65 dB day-night average sound level and 75 dB day-night - average sound level as validated on a National Environmental - Policy Act-compliant assessment within the past three years; - and - (2) where interior noise has been measured at 45 dB day- - night average sound level by the installation. - (e) Goals and Best Practices.--In carrying out the pilot program, a -commander shall pursue the following goals and use the following best -practices: - (1) Minimize cost in order to maximize the quantity of - covered property served. - (2) Focus efforts on covered property newly impacted by - increased noise levels. - (f) Covered Property Defined.--For purposes of the pilot program, -the term ``covered property'' means the following: - (1) A private residence. - (2) A hospital. - (3) A daycare facility. - (4) A school. - (5) A facility whose primary purpose is serving senior - citizens. - (g) Condition on Commencement.--Commencement of the pilot program -shall be subject to the availability of appropriations for the program. - -SEC. 2863. DEPARTMENT OF DEFENSE POLICY FOR REGULATION OF DANGEROUS - DOGS IN MILITARY COMMUNITIES. - + ``(C) For the purposes of determining whether proposed + community infrastructure will enhance quality of life, the + Secretary of Defense shall consider the impact of the community + infrastructure on alleviating installation commuter workforce + issues and the benefit of schools or other local infrastructure + located off of a military installation that will support members of + the armed forces and their dependents residing in the community.''. + (e) Definition of Rural Area Revised.--Section 2391(e)(5) of title +10, United States Code, is amended by striking ``50,000 inhabitants'' +and inserting ``100,000 inhabitants''. +SEC. 2883. CONSIDERATION OF CERTAIN MILITARY FAMILY READINESS ISSUES IN +MAKING BASING DECISIONS ASSOCIATED WITH CERTAIN MILITARY UNITS AND +MAJOR HEADQUARTERS. + (a) Taking Into Consideration Military Family Readiness Issues.--In +determining whether to proceed with any basing decision associated with +a covered military unit or major headquarters in the United States +after the date of the enactment of this Act, the Secretary of the +military department concerned shall take into account, among such other +factors as that Secretary considers appropriate, the military family +readiness considerations specified in this section, including those +military family readiness considerations specified pursuant to +subsection (e). + (b) Interstate Portability of Licensure and Certification +Credentials.--With regard to the State in which an installation subject +to a basing decision covered by subsection (a) is or will be located, +the Secretary of the military department concerned shall take into +account the extent to which the State-- + (1) has entered into reciprocity agreements to recognize and + accept professional and occupational licensure and certification + credentials granted by or in other States; or + (2) allows for the transfer of such licenses and certifications + granted by or in other States. + (c) Housing.--With regard to the military housing area in which an +installation subject to a basing decision covered by subsection (a) is +or will be located, the Secretary of the military department concerned +shall take into account the extent to which housing (including military +family housing) that meets Department of Defense requirements is +available and accessible to members of the Armed Forces through the +private sector in such military housing area. + (d) Health Care.--With regard to the community in which an +installation subject to a basing decision covered by subsection (a) is +or will be located, the Secretary of the military department concerned +shall take into account the extent to which primary healthcare and +specialty healthcare is available and accessible to dependents, +including dependents with disabilities, of members of the Armed Forces +through the private sector in such local community. + (e) Other Specified Considerations.--The Secretary of the military +department concerned shall take into account such other considerations +in connection with military family readiness as the Secretary of +Defense shall specify for purposes of compliance with this section. + (f) Savings Clause.--Nothing in this section shall be construed as +requiring the Secretary of a military department to make a basing +decision covered by subsection (a) that the Secretary determines would +diminish military readiness or impede military mission for the purpose +of military family readiness. + (g) Analytical Framework.--The Secretary of the military department +concerned shall take into account the considerations specified in this +section, among such other factors as the Secretary considers +appropriate, in determining whether to proceed with a basing decision +covered by subsection (a) using an analytical framework developed by +that Secretary that uses criteria based on-- + (1) quantitative data available within the Department of + Defense; and + (2) such reliable quantitative data from sources outside the + Department as the Secretary considers appropriate. + (h) Basing Decision Scorecard.-- + (1) Scorecard required.--The Secretary of the military + department concerned shall establish a scorecard for military + installations under the jurisdiction of such Secretary, and for + States and localities in which such installations are or may be + located, to facilitate taking into account the considerations + specified in this section whenever that Secretary makes a basing + decision covered by subsection (a). + (2) Update.--The Secretary of the military department concerned + shall update the scorecard established by that Secretary under this + subsection not less frequently than once each year in order to keep + the information in such scorecard as current as is practicable. + (3) Availability to public.--A current version of each + scorecard established under this subsection shall be available to + the public through an Internet website of the military department + concerned that is accessible to the public. + (i) Briefings.--Not later than April 1 of each of 2021, 2022, and +2023, the Secretary of Defense shall brief the Committees on Armed +Services of the Senate and the House of Representatives on actions +taken pursuant to this section, including a description and assessment +of the effect of the taking into account of the considerations +specified in this section on particular basing decisions in the United +States during the one-year period ending on the date of the briefing. + (j) Definitions.--In this section: + (1) The term ``covered military unit'' means a unit of the + Armed Forces whose initial assignment to a military installation or + relocation from a military installation to a different military + installation requires the preparation of an environmental impact + statement in accordance with the National Environmental Policy Act + of 1969 (42 U.S.C. 4321 et seq.). + (2) The term ``major headquarters'' means the headquarters of a + unit of the Armed Forces or command that is the appropriate command + of a general officer or flag officer. +SEC. 2884. DEPARTMENT OF DEFENSE POLICY FOR REGULATION IN MILITARY +COMMUNITIES OF DANGEROUS DOGS KEPT AS PETS. (a) Policy Required.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of Defense, through the Veterinary -Service Activity of the Department of Defense, shall establish a -standardized policy applicable across all military communities for the -regulation of dangerous dogs that is-- - (1) breed-neutral; and - (2) consistent with advice from professional veterinary and - animal behavior experts in regard to effective regulation of - dangerous dogs. - (b) Regulations.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary shall prescribe - regulations implementing the policy established under - subsection (a). - (2) Best practices.--The regulations prescribed under - paragraph (1) shall include strategies, for implementation - within all military communities, for the prevention of dog - bites that are consistent with the following best practices: - (A) Enforcement of comprehensive, nonbreed-specific - regulations relating to dangerous dogs, with emphasis - on identification of dangerous dog behavior and - chronically irresponsible owners. - (B) Enforcement of animal control regulations, such - as leash laws and stray animal control policies. - (C) Promotion and communication of resources for - pet spaying and neutering. - (D) Investment in community education initiatives, - such as teaching criteria for pet selection, pet care - best practices, owner responsibilities, and safe and - appropriate interaction with dogs. - (c) Definitions.--In this section: - (1) The term ``dangerous dog'' means a dog that-- - (A) has attacked a person or another animal without - justification, causing injury or death to the person or - animal; or - (B) exhibits behavior that reasonably suggests the - likely risk of such an attack. - (2) The term ``military communities'' means-- - (A) all installations of the Department; and - (B) all military housing, including privatized - military housing under subchapter IV of chapter 169 of - title 10, United States Code. - -SEC. 2864. RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION - REQUIREMENTS FOR CERTAIN FLEET READINESS CENTERS. - - The Navy shall be responsible for programming, requesting, and -executing any military construction requirements related to any Fleet -Readiness Center that is a tenant command at a Marine Corps -installation. +enactment of this Act, the Secretary of Defense shall establish a +uniform policy for the regulation of dangerous dogs kept as pets in +military communities. + (b) Consultation.--The policy required by subsection (a) shall be +developed in consultation with professional veterinary and animal +behavior experts in regard to effective regulation of dangerous dogs +kept as pets. + (c) Regulations.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense shall prescribe + regulations implementing the policy established under subsection + (a). + (2) Best practices.--The regulations prescribed under paragraph + (1) shall include strategies, for implementation within all + military communities, for the prevention of dog bites that are + consistent with the following best practices: + (A) Enforcement of regulations relating to dangerous dogs + kept as pets, with emphasis on identification of dangerous dog + behavior and chronically irresponsible pet owners. + (B) Enforcement of animal control regulations, such as + leash laws and stray animal control policies. + (C) Promotion and communication of resources for pet + spaying and neutering. + (D) Investment in community education initiatives, such as + teaching criteria for pet selection, pet care best practices, + owner responsibilities, and safe and appropriate interaction + with dogs. + (d) Exclusions.--This section does not apply with respect to +military working dogs and any dog certified as a service animal. + (e) Definitions.--In this section: + (1) The term ``dangerous dog'' means a dog that-- + (A) has attacked a person or another animal without + justification, causing injury or death to the person or animal; + or + (B) exhibits behavior that reasonably suggests the likely + risk of such an attack. + (2) The term ``military communities'' means-- + (A) all military installations; and + (B) all military housing, including privatized military + housing under subchapter IV of chapter 169 of title 10, United + States Code. TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION +Sec. 2901. Authorized Navy construction and land acquisition projects. +Sec. 2902. Authorized Air Force construction and land acquisition + projects. +Sec. 2903. Authorization of appropriations. SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. - The Secretary of the Navy may acquire real property and carry out -the military construction projects for the installation outside the +the military construction project for the installation outside the United States, and in the amount, set forth in the following table: - Navy: Outside the United States ----------------------------------------------------------------------------------------------------------------- - Country Location Amount ----------------------------------------------------------------------------------------------------------------- -Spain........................................... Rota....................................... $59,230,000 ----------------------------------------------------------------------------------------------------------------- + Navy: Outside the United States +------------------------------------------------------------------------ + Country Installation Amount +------------------------------------------------------------------------ +Spain.......................... Rota.................. $59,230,000 +------------------------------------------------------------------------ -SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION - PROJECTS. +SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION +PROJECTS. The Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table: - Air Force: Outside the United States ----------------------------------------------------------------------------------------------------------------- - Country Location Amount ----------------------------------------------------------------------------------------------------------------- -Germany......................................... Ramstein................................... $36,345,000 - Spangdahlem Air Base....................... $25,824,000 -Romania......................................... Campia Turzii.............................. $130,500,000 ----------------------------------------------------------------------------------------------------------------- + Air Force: Outside the United States +------------------------------------------------------------------------ + Country Installation Amount +------------------------------------------------------------------------ +Germany........................ Ramstein.............. $36,345,000 + Spangdahlem Air Base.. $25,824,000 +Romania........................ Campia Turzii......... $130,500,000 +------------------------------------------------------------------------ -SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. +SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for the military construction projects outside the United States authorized by this title as @@ -51510,13 +54041,85 @@ specified in the funding table in section 4602. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS + TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + + Subtitle A--National Security Programs and Authorizations - TITLE XXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS +Sec. 3101. National Nuclear Security Administration. +Sec. 3102. Defense environmental cleanup. +Sec. 3103. Other defense activities. +Sec. 3104. Nuclear energy. + + Subtitle B--Nuclear Weapons Stockpile Matters + +Sec. 3111. W93 nuclear warhead acquisition process. +Sec. 3112. Earned value management and technology readiness levels for + life extension programs. +Sec. 3113. Monitoring of industrial base for nuclear weapons components, + subsystems, and materials. +Sec. 3114. Plutonium pit production. + + Subtitle C--Defense Environmental Cleanup Matters + +Sec. 3121. Public statement of environmental liabilities for facilities + undergoing defense environmental cleanup. +Sec. 3122. Inclusion of missed milestones in future-years defense + environmental cleanup plan. +Sec. 3123. Classification of defense environmental cleanup as capital + asset projects or operations activities. +Sec. 3124. Extension of limitation relating to reclassification of high- + level waste. +Sec. 3125. Continued analysis of approaches for supplemental treatment + of low-activity waste at Hanford Nuclear Reservation. + + Subtitle D--Safeguards and Security Matters + +Sec. 3131. Reporting on penetrations of networks of contractors and + subcontractors. + + Subtitle E--Personnel Matters + +Sec. 3141. Extension of authority for appointment of certain scientific, + engineering, and technical personnel. +Sec. 3142. Inclusion of certain employees and contractors of Department + of Energy in definition of public safety officer for purposes + of certain death benefits. +Sec. 3143. Reimbursement for liability insurance for nuclear materials + couriers. +Sec. 3144. Transportation and moving expenses for immediate family of + deceased nuclear materials couriers. +Sec. 3145. Permanent extension of Office of Ombudsman for Energy + Employees Occupational Illness Compensation Program. +Sec. 3146. Reports on diversity of certain contractor employees of + National Nuclear Security Administration. +Sec. 3147. Sense of Congress regarding compensation of individuals + relating to uranium mining and nuclear testing. + + Subtitle F--Budget and Financial Management Matters + +Sec. 3151. Reports on financial balances for atomic energy defense + activities. + + Subtitle G--Administrative Matters + +Sec. 3161. Modifications to enhanced procurement authority to manage + supply chain risk. +Sec. 3162. Extension of pilot program on unavailability for overhead + costs of amounts specified for laboratory-directed research + and development. + + Subtitle H--Other Matters + +Sec. 3171. Independent study on potential environmental effects of + nuclear war. +Sec. 3172. Review of future of computing beyond exascale at the National + Nuclear Security Administration. +Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping + Investigation on Uranium from the Russian Federation. Subtitle A--National Security Programs and Authorizations SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for the activities of the National Nuclear Security Administration in @@ -51526,28 +54129,19 @@ carrying out programs as specified in the funding table in section subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: - Project 21-D-510, High Explosive Synthesis, Formulation, - and Production facility, Pantex Plant, Amarillo, Texas, - $177,395,000. - Project 21-D-511, Savannah River Plutonium Processing - Facility, Savannah River Site, Aiken, South Carolina, - $241,896,000. - Project 21-D-512, Plutonium Pit Production Project, Los - Alamos National Laboratory, Los Alamos, New Mexico, - $116,900,000 for planning and design and $79,100,000 for - construction. - Project 21-D-530, Steam and Condensate Upgrade, Knolls - Atomic Power Laboratory, Schenectady, New York, $50,200,000. - General Purpose Project, TA-15 Dual-Axis Radiographic - Hydrodynamic Test facility, Hydro Vessel Repair facility, Los - Alamos National Laboratory, Los Alamos, New Mexico, - $16,491,000. - General Purpose Project, U1a.03 Test Bed Facility - Improvements, Nevada National Security Site, Mercury, Nevada, - $16,000,000. - + Project 21-D-510, HE Synthesis, Formulation, and Production, + Pantex Plant, Amarillo, Texas, $31,000,000. + Project 21-D-511, Savannah River Plutonium Processing Facility, + Savannah River Site, Aiken, South Carolina, $241,900,000. + Project 21-D-512, Plutonium Pit Production Project, Los Alamos + National Laboratory, Los Alamos, New Mexico, $226,000,000. + Project 21-D-530, KL Steam and Condensate Upgrades, Knolls + Atomic Power Laboratory, Schenectady, New York, $4,000,000. + General Plant Project, U1a.03 Test Bed Facility Improvements, + Nevada National Security Site, Nevada, $16,000,000. + General Plant Project, TA-15 DARHT Hydro Vessel Repair + Facility, Los Alamos National Laboratory, New Mexico, $16,500,000. SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for defense environmental cleanup activities in carrying out programs as @@ -51555,341 +54149,633 @@ specified in the funding table in section 4701. (b) Authorization of New Plant Projects.--From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup -activities, the following new plant projects: - Project 21-D-401, Hoisting Capability Project, Waste - Isolation Pilot Plant, Carlsbad, New Mexico, $10,000,000. - +activities, the following new plant project: + Project 21-D-401, Hoisting Capability Project, Waste Isolation +Pilot Plant, Carlsbad, New Mexico, $10,000,000. SEC. 3103. OTHER DEFENSE ACTIVITIES. - Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for other defense activities in carrying out programs as specified in the funding table in section 4701. - SEC. 3104. NUCLEAR ENERGY. - Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for nuclear energy as specified in the funding table in section 4701. - Subtitle B--Program Authorizations, Restrictions, Limitations, and - Other Matters + Subtitle B--Nuclear Weapons Stockpile Matters -SEC. 3111. NUCLEAR WARHEAD ACQUISITION PROCESSES. - - (a) Sense of Congress.--It is the sense of Congress that-- - (1) in its 25th year, the science-based Stockpile - Stewardship Program established under section 4201 of the - Atomic Energy Defense Act (50 U.S.C. 2521) has succeeded in - providing the United States with a credible nuclear deterrent - in the absence of nuclear explosive testing; - (2) maintaining global moratoria on nuclear explosive - testing is in the national security interest of the United - States; - (3) a robust, second-to-none science and technology - enterprise is required to maintain and certify the nuclear - weapons stockpile of the United States; and - (4) the National Nuclear Security Administration must - continue to improve program management and execution of the - major acquisition programs of the Administration. - (b) Requirements.-- - (1) Phases.--Subtitle A of title XLII of the Atomic Energy - Defense Act (50 U.S.C. 4201 et seq.) is amended by adding at - the end the following new section: - -``SEC. 4223. REQUIREMENTS FOR CERTAIN JOINT NUCLEAR WEAPONS LIFE CYCLE - PHASES. - - ``(a) Design and Engineering Requirements.--The Administrator shall -ensure the following: - ``(1) The national security laboratories engage in peer - review of proposed designs of nuclear weapons. - ``(2) The nuclear weapons production facilities are - involved early and often during the design and engineering - process of nuclear weapons in order to take into account how - such design and engineering will affect the production of the - nuclear weapons. - ``(b) Requirements After Phase 1.--After the Administrator -completes phase 1 of the joint nuclear weapons life cycle for a nuclear -weapon, the Nuclear Weapons Council shall submit to the congressional -defense committees a report containing the following: - ``(1) A description of the potential military - characteristics of the nuclear weapon. - ``(2) A description of the stockpile-to-target sequence - requirements of the nuclear weapon. - ``(3) A description of any other requirements of the - Administration or the Department of Energy that will affect the - nuclear weapon, including the first product unit date, the - initial operational capability date, the final operational - capability date, or requirements relating to increased safety - and surety. - ``(4) Initial assessments of the effect to the nuclear - security enterprise workforce and any required new or - recapitalized major facilities or capabilities relating to the - nuclear weapon. - ``(c) Requirements Entering Into Phase 2.--Not later than 15 days -after the date on which the Nuclear Weapons Council approves a nuclear -weapon for phase 2 of the joint nuclear weapons life cycle, the -Administrator shall submit to the congressional defense committees a -plan to implement an independent peer-review process, a board of -experts, or both, with respect to the nonnuclear weapon component and -subsystem design and engineering aspects of such nuclear weapon. The -Administrator shall ensure that such process-- - ``(1) uses all relevant capabilities of the Federal - Government, the defense industrial base, and academia, and - other capabilities that the Administrator determines necessary; - and - ``(2) informs the entire development life cycle of such - nuclear weapon. - ``(d) Requirements Entering Into Phase 3.-- - ``(1) Independent cost assessment.--Before the Nuclear - Weapons Council approves a nuclear weapon for phase 3 of the - joint nuclear weapons life cycle, the Administrator shall - ensure that an independent cost assessment is conducted for - phase 3 that includes assigning a percentage of confidence - level with respect to the Administrator being able to carry out - phase 3 within the estimated schedule and cost objectives. - ``(2) Certifications and reports.--Not later than 15 days - after the date on which the Nuclear Weapons Council approves a - nuclear weapon for phase 3 of the joint nuclear weapons life - cycle-- - ``(A) the Administrator shall certify to the - congressional defense committees that-- - ``(i) the joint nuclear weapons life cycle - process for phases 1 through 5 of the nuclear - weapon has equal or greater rigor as the life - extension process under each part of phase 6; - and - ``(ii) the level of design and technology - maturity of the proposed design of the nuclear - weapon can be carried out within the estimated - schedule and cost objectives specified in the - cost assessment under paragraph (1); and - ``(B) the Commander of the United States Strategic - Command shall submit to the congressional defense - committees a report containing-- - ``(i) the specific warhead requirements for - the delivery system of the nuclear weapon, - including such planned requirements during the - 15-year period following the date of the - report; and - ``(ii) an identification of the tail - numbers of the warheads for that delivery - system that may require life extensions, be - retired, or be altered during such period, and - a description of the considerations for - deciding on such actions. - ``(e) Waivers.--Subsections (b) through (d) may be waived during a +SEC. 3111. W93 NUCLEAR WARHEAD ACQUISITION PROCESS. + (a) Requirements.-- + (1) In general.--Subtitle A of title XLII of the Atomic Energy + Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the + end the following new section: +``SEC. 4223. W93 NUCLEAR WARHEAD ACQUISITION PROCESS. + ``(a) Reporting Requirements.-- + ``(1) Phase 1.--Upon receiving a concept definition study under + phase 1 of the joint nuclear weapons life cycle for the W93 nuclear + weapon, the Nuclear Weapons Council shall submit to the + congressional defense committees a report that includes the + following: + ``(A) A description of the potential military + characteristics of the weapon. + ``(B) A description of the stockpile-to-target sequence + requirements of the weapon. + ``(C) An initial assessment of the requirements a W93 + nuclear weapon program is likely to generate for the nuclear + security enterprise, including-- + ``(i) adjustments to the size and composition of the + workforce; + ``(ii) additions to existing weapon design and + production capabilities; or + ``(iii) additional facility recapitalization or new + construction. + ``(D) A preliminary description of other significant + requirements for a W93 nuclear weapon program, including-- + ``(i) first production unit date; + ``(ii) initial operational capability date; + ``(iii) full operational capability date; and + ``(iv) any unique safety and surety requirements that + could increase design complexity or cost estimate + uncertainty. + ``(2) Phase 2.-- + ``(A) In general.--Not later than 15 days after the date on + which the Nuclear Weapons Council approves phase 2 of the joint + nuclear weapons life cycle for the W93 nuclear weapon, the + Administrator shall submit to the congressional defense + committees a plan to implement a process of independent peer + review or review by a board of experts, or both, with respect + to-- + ``(i) the nonnuclear components of the weapon; + ``(ii) subsystem design; and + ``(iii) engineering aspects of the weapon. + ``(B) Requirements for process.--The Administrator shall + ensure that the process required by subparagraph (A)-- + ``(i) uses-- + + ``(I) all relevant capabilities of the Federal + Government, the defense industrial base, and + institutions of higher education; and + ``(II) other capabilities that the Administrator + determines necessary; and + + ``(ii) informs the entire development life cycle of the + W93 nuclear weapon. + ``(b) Certifications and Reports at Phase 3.--Not later than 15 +days after the date on which the Nuclear Weapons Council approves phase +3 of the joint nuclear weapons life cycle for the W93 nuclear weapon-- + ``(1) the Administrator shall certify to the congressional + defense committees that-- + ``(A) phases 1 through 5 of the joint nuclear weapons life + cycle for the weapon will employ, at a minimum, the same best + practices and will provide Congress with the same level of + programmatic insight as exists under the phase 6.X process for + life extension programs; and + ``(B) the proposed design for the weapon can be carried out + within estimated schedule and cost objectives; and + ``(2) the Commander of the United States Strategic Command + shall submit to the congressional defense committees a report + containing the requirements for weapon quantity and composition by + type for the sub-surface ballistic nuclear (SSBN) force, including + such requirements planned for the 15-year period following the date + of the report, including any planned life extensions, retirements, + or alterations. + ``(c) Waivers.--Subsections (a) and (b) may be waived during a period of war declared by Congress after the date of the enactment of -the National Defense Authorization Act for Fiscal Year 2021. - ``(f) Joint Nuclear Weapons Life Cycle Defined.--In this section, +the William M. (Mac) Thornberry National Defense Authorization Act for +Fiscal Year 2021. + ``(d) Joint Nuclear Weapons Life Cycle Defined.--In this section, the term `joint nuclear weapons life cycle' has the meaning given that term in section 4220.''. - (2) Clerical amendment.--The table of contents for the - Atomic Energy Defense Act is amended by inserting after the - item relating to section 4222 the following new item: - -``Sec. 4223. Requirements for certain joint nuclear weapons life cycle - phases.''. - (c) Selected Acquisition Reports and Independent Cost Estimates.-- -Section 4217(b)(1) of such Act (50 U.S.C. 2537(b)(1)) is amended-- - (1) in subparagraph (A)-- - (A) in clause (i), by striking ``phase 6.2A'' and - inserting ``phase 2A and phase 6.2A''; - (B) in clause (ii), by striking ``phase 6.3'' and - inserting ``phase 3 and phase 6.3''; - (C) in clause (iii)-- - (i) by striking ``phase 6.4'' and inserting - ``phase 4 and phase 6.4''; and - (ii) by striking ``phase 6.5'' and - inserting ``phase 5 and phase 6.5''; and - (2) in subparagraph (B), by striking ``phase 6.2'' and - inserting ``phase 2 and phase 6.2''. - (d) Report.--Not later than 120 days after the date of the -enactment of this Act, the Director for Cost Estimating and Program -Evaluation of the National Nuclear Security Administration shall submit -to the congressional defense committees a report containing -recommendations to strengthen governance, program execution, and -program management controls with respect to the process of the joint -nuclear weapons life cycle (as defined in section 4220 of the Atomic -Energy Defense Act (50 U.S.C. 2538b). - -SEC. 3112. UNCOSTED AND UNOBLIGATED AMOUNTS OF NATIONAL NUCLEAR - SECURITY ADMINISTRATION. - - Section 3251(b) of the National Nuclear Security Administration Act -(50 U.S.C. 2451(b)) is amended by adding at the end the following new -paragraph: - ``(3) In the budget justification materials for each of fiscal -years 2022 through 2026 submitted to Congress in support of each such -budget, the Administrator shall include a detailed description of the -uncosted and unobligated amounts that the Administrator maintains, -listed by the year for which the amounts were appropriated, including-- - ``(A) the gross uncosted and unobligated amounts for each - individual program element (using thresholds specified in the - report submitted by the Secretary of Energy to Congress titled - `Report on Uncosted Balances for Fiscal Year Ended September - 30, 2014'); and - ``(B) an explanation for why the uncosted and unobligated - amounts have not been expended.''. - -SEC. 3113. EXTENSION OF LIMITATION RELATING TO RECLASSIFICATION OF - HIGH-LEVEL WASTE. - + (2) Clerical amendment.--The table of contents for the Atomic + Energy Defense Act is amended by inserting after the item relating + to section 4222 the following new item: + +``Sec. 4223. W93 nuclear warhead acquisition process.''. + + (b) Selected Acquisition Reports and Independent Cost Estimates.-- +Section 4217(b) of such Act (50 U.S.C. 2537(b)) is amended-- + (1) in paragraph (1)-- + (A) in subparagraph (A)-- + (i) in clause (i), by striking ``phase 6.2A'' and + inserting ``phase 6.2A or new weapon system at the + completion of phase 2A''; + (ii) in clause (ii), by striking ``phase 6.3'' and + inserting ``phase 6.3 or new weapon system at the + completion of phase 3''; + (iii) by redesignating clauses (iv) and (v) as clauses + (v) and (vi), respectively; and + (iv) by inserting after clause (iii) the following new + clause (iv): + ``(iv) Each new weapon system at the completion of phase 4, + relating to production engineering, and before the initiation + of phase 5, relating to first production.''; and + (B) in subparagraph (B), by striking ``phase 6.2'' and + inserting ``phase 6.2 or new weapon system at the completion of + phase 2''; and + (2) in paragraph (4)(B), by striking ``subparagraph (A)(iv)'' + and inserting ``subparagraph (A)(v)''. +SEC. 3112. EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS FOR +LIFE EXTENSION PROGRAMS. + (a) In General.--Subtitle A of title XLII of the Atomic Energy +Defense Act (50 U.S.C. 2521 et seq.), as amended by section 3111(a)(1), +is further amended by adding at the end the following new section: +``SEC. 4224. EARNED VALUE MANAGEMENT AND TECHNOLOGY READINESS LEVELS +FOR LIFE EXTENSION PROGRAMS. + ``(a) Review of Contractor Earned Value Management Systems.--The +Administrator shall enter into an arrangement with an independent +entity under which that entity shall-- + ``(1) review and validate whether the earned value management + systems of contractors of the Administration for life extension + programs meet the earned value management national standard; and + ``(2) conduct periodic surveillance reviews of such systems to + ensure that such systems maintain compliance with that standard + through program completion. + ``(b) Benchmarks for Technology Readiness Levels.--The +Administrator shall-- + ``(1) establish specific benchmarks for technology readiness + levels of critical technologies for life extension programs at key + decision points; and + ``(2) ensure that critical technologies meet such benchmarks at + such decision points. + ``(c) Applicability.--This section shall apply to programs that, as +of the date of the enactment of this section, have not entered phase 3 +of the nuclear weapons acquisition process or phase 6.3 of a nuclear +weapons life extension program. + ``(d) Definition.--In this section, the term `earned value +management national standard' means the most recent version of the EIA- +748 Earned Value Management System Standard published by the National +Defense Industrial Association.''. + (b) Clerical Amendment.--The table of contents for the Atomic +Energy Defense Act is amended by inserting after the item relating to +section 4223, as added by section 3111(a)(2), the following new item: + +``Sec. 4224. Earned value management and technology readiness levels for + life extension programs.''. +SEC. 3113. MONITORING OF INDUSTRIAL BASE FOR NUCLEAR WEAPONS +COMPONENTS, SUBSYSTEMS, AND MATERIALS. + (a) Designation of Official.--Not later than March 1, 2021, the +Administrator for Nuclear Security shall designate a senior official +within the National Nuclear Security Administration to be responsible +for monitoring the industrial base that supports the nuclear weapons +components, subsystems, and materials of the Administration, +including-- + (1) the consistent monitoring of the current status of the + industrial base; + (2) tracking of industrial base issues over time; and + (3) proactively identifying gaps or risks in specific areas + relating to the industrial base. + (b) Provision of Resources.--The Administrator shall ensure that +the official designated under subsection (a) is provided with resources +sufficient to conduct the monitoring required by that subsection. + (c) Consultations.--The Administrator, acting through the official +designated under subsection (a), shall, to the extent practicable and +beneficial, in conducting the monitoring required by that subsection, +consult with-- + (1) officials of the Department of Defense who are members of + the Nuclear Weapons Council established under section 179 of title + 10, United States Code; + (2) officials of the Department of Defense responsible for the + defense industrial base; and + (3) other components of the Department of Energy that rely on + similar components, subsystems, or materials. + (d) Briefings.-- + (1) Initial briefing.--Not later than April 1, 2021, the + Administrator shall provide to the Committees on Armed Services of + the Senate and the House of Representatives a briefing on the + designation of the official required by subsection (a), including + on-- + (A) the responsibilities assigned to that official; and + (B) the plan for providing that official with resources + sufficient to conduct the monitoring required by subsection + (a). + (2) Subsequent briefings.--Not later than April 1, 2022, and + annually thereafter through 2024, the Administrator shall provide + to the Committees on Armed Services of the Senate and the House of + Representatives a briefing on activities carried out under this + section that includes an assessment of the progress made by the + official designated under subsection (a) in conducting the + monitoring required by that subsection. +SEC. 3114. PLUTONIUM PIT PRODUCTION. + (a) Independent Cost Estimate.-- + (1) Requirement.--The Secretary of Energy shall obtain an + independent cost estimate for each covered project in accordance + with Department of Energy Order 413.3B (relating to program + management and project management for the acquisition of capital + assets), as in effect on the day before the date of the enactment + of this Act. + (2) Confidence level.--An independent cost estimate under + paragraph (1) with respect to a covered project shall assign a + confidence level, expressed as a percentage, with respect to + whether the Secretary will be able to carry out the covered project + within the estimated schedule and cost objectives of the Department + of Energy consistent with the document of the Government + Accountability Office entitled ``Cost Estimating and Assessment + Guide'' (GAO-09-3SP) and dated March 2009. + (3) Submission.--Not later than 30 days after obtaining an + independent cost estimate under paragraph (1) with respect to a + covered project, the Secretary shall submit to the congressional + defense committees the estimate, including the confidence level + assigned under paragraph (2). + (b) Conditional Reports and Certifications.-- + (1) Low confidence.--If an independent cost estimate for a + covered project under subsection (a) assigns a high-end cost for + the project that is 15 percent or more higher than the high-end + project cost position approved by the Department of Energy for the + project at critical decision 1 in the acquisition process-- + (A) not later than 90 days after approval of critical + decision 1, the Secretary shall submit to the congressional + defense committees the report described in paragraph (2) with + respect to the covered project; and + (B) not later than 90 days after the date on which the + Secretary submits the independent cost estimate to the + congressional defense committees under subsection (a)(3), the + Commander of the United States Strategic Command shall certify + to those committees that-- + (i) the requirement to produce war reserve plutonium + pits under section 4219 of the Atomic Energy Defense Act + (50 U.S.C. 2538a) cannot be altered or extended by not more + than five years without-- + + (I) degrading the capabilities of the Command to + accomplish its assigned nuclear deterrence missions; or + (II) reducing the confidence of the Commander in + the military effectiveness of the nuclear weapons + stockpile, taking into account all mitigation + strategies available to the Commander; or + + (ii) that requirement can be altered or extended as + described in clause (i) without degrading the capabilities + described in subclause (I) of that clause or reducing the + confidence described in subclause (II) of that clause. + (2) Report described.-- + (A) In general.--The report described in this paragraph + with respect to a covered project is a report by the Secretary + that includes-- + (i)(I) a certification by the Secretary that, + notwithstanding the costs and confidence level set forth in + the independent cost estimate under subsection (a), the + Secretary will able to carry out the covered project within + the estimated schedule and cost objectives of the + Department of Energy; and + (II) a detailed explanation of why the Secretary + disagrees with the independent cost estimate; or + (ii) if the Secretary cannot make the certification + under clause (i)(I), a plan by the Secretary-- + + (I) to achieve costs and a confidence level + consistent with the costs and confidence level set + forth in the independent cost estimate, including with + respect to changing the costs, schedule, and scope of + the covered project; and + (II) that includes a description, provided by the + Administrator for Nuclear Security, of mitigation + options for minimizing any degradation in the military + effectiveness of the nuclear weapons stockpile until + the Secretary achieves costs and a confidence level + consistent with the costs and confidence level set + forth in the independent cost estimate. + + (B) Prohibition on delegation.--The Secretary may not + delegate the responsibility for making a certification under + subparagraph (A)(i)(I). + (c) Covered Project Defined.--In this section, the term ``covered +project'' means-- + (1) the Savannah River Plutonium Processing Facility, Savannah + River Site, Aiken, South Carolina (Project 21-D-511); or + (2) the Plutonium Pit Production Project, Los Alamos National + Laboratory, Los Alamos, New Mexico (Project 21-D-512). + + Subtitle C--Defense Environmental Cleanup Matters + +SEC. 3121. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES FOR FACILITIES +UNDERGOING DEFENSE ENVIRONMENTAL CLEANUP. + (a) In General.--Subtitle A of title XLIV of the Atomic Energy +Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end +the following new section: +``SEC. 4410. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES. + ``Each year, at the same time that the Department of Energy submits +its annual financial report under section 3516 of title 31, United +States Code, the Secretary of Energy shall make available to the public +a statement of environmental liabilities, as calculated for the most +recent audited financial statement of the Department under section 3515 +of that title, for each defense nuclear facility at which defense +environmental cleanup activities are occurring.''. + (b) Clerical Amendment.--The table of contents for the Atomic +Energy Defense Act is amended by inserting after the item relating to +section 4409 the following new item: + +``Sec. 4410. Public statement of environmental liabilities.''. +SEC. 3122. INCLUSION OF MISSED MILESTONES IN FUTURE-YEARS DEFENSE +ENVIRONMENTAL CLEANUP PLAN. + Section 4402A(b)(3) of the Atomic Energy Defense Act (50 U.S.C. +2582A(b)(3)) is amended by adding at the end the following new +subparagraph: + ``(D) For any milestone that has been missed, renegotiated, + or postponed, a statement of the current milestone, the + original milestone, and any interim milestones.''. +SEC. 3123. CLASSIFICATION OF DEFENSE ENVIRONMENTAL CLEANUP AS CAPITAL +ASSET PROJECTS OR OPERATIONS ACTIVITIES. + (a) In General.--The Assistant Secretary of Energy for +Environmental Management, in consultation with other appropriate +officials of the Department of Energy, shall establish requirements for +the classification of defense environmental cleanup projects as capital +asset projects or operations activities. + (b) Report Required.--Not later than March 1, 2021, the Assistant +Secretary shall submit to the congressional defense committees a +report-- + (1) setting forth the requirements established under subsection + (a); and + (2) assessing whether any ongoing defense environmental cleanup + projects should be reclassified based on those requirements. +SEC. 3124. EXTENSION OF LIMITATION RELATING TO RECLASSIFICATION OF +HIGH-LEVEL WASTE. Section 3121 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1953) is amended by striking ``fiscal year 2020'' and inserting ``fiscal year 2020 or fiscal year 2021''. - -SEC. 3114. EXTENSION OF PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD - COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-DIRECTED - RESEARCH AND DEVELOPMENT. - - Section 3119 of the National Defense Authorization Act for Fiscal -Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is amended-- - (1) in subsection (c)(2), by striking ``four'' and - inserting ``five''; and - (2) in subsection (d), by striking ``February 15, 2020'' - and inserting ``December 31, 2020''. - -SEC. 3115. PLUTONIUM PIT PRODUCTION. - - (a) Independent Cost Estimate.-- - (1) Requirement.--The Secretary of Energy shall conduct an - independent cost estimate of the Savannah River Plutonium - Processing Facility project in accordance with Department of - Energy Directive 413.3b, as in effect on the date of the - enactment of this Act. - (2) Confidence level.--The assessment under paragraph (1) - shall assign a percentage of confidence level with respect to - the Secretary being able to carry out the Facility project - within the estimated schedule and cost objectives. - (3) Submission.--The Secretary shall submit to the - congressional defense committees the independent cost estimate - under paragraph (1). - (b) Conditional Reports and Certifications.-- - (1) Low confidence.--If the assessment under subsection (a) - assigns a confidence level below 90 percent pursuant to - paragraph (2) of such subsection-- - (A) the Secretary shall submit to the congressional - defense committees the report described in paragraph - (2); and - (B) the Commander of the United States Strategic - Command shall certify to such committees that either-- - (i) the requirement to produce not less - than 80 war reserve plutonium pits during 2030 - pursuant to section 4219 of the Atomic Energy - Defense Act (50 U.S.C. 2538a) cannot be - extended by up to five years without causing a - grave threat to the national security of the - United States, taking into account options for - temporarily surging the production of such pits - at Los Alamos National Laboratory and other - mitigation strategies available to the - Commander; or - (ii) such requirement can be so extended - without causing a grave threat to the national - security of the United States. - (2) Report.--The report described in this paragraph is a - report by the Secretary that contains either of the following: - (A) A certification by the Secretary, without - delegation, that, notwithstanding the confidence level - contained in the assessment under subsection (a), the - Secretary has a confidence level of 90 percent or - greater with respect to being able to carry out the - Facility project within the estimated schedule and cost - objectives. - (B) If the Secretary cannot make the certification - under subparagraph (A), a plan by the Secretary to - achieve such a confidence level of 90 percent or - greater, including with respect to changing the costs, - schedule, and scope of the Facility project. - -SEC. 3116. PROGRAM FOR RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL - NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED URANIUM. - - (a) Establishment.--Not later than 60 days after the date of the -enactment of this Act, the Administrator for Nuclear Security shall -establish a program to assess the viability of using low-enriched -uranium in naval nuclear propulsion reactors, including such reactors -located on aircraft carriers and submarines, that meet the requirements -of the Navy. - (b) Activities.--In carrying out the program under subsection (a), -the Administrator shall carry out activities to develop an advanced -naval nuclear fuel system based on low-enriched uranium, including -activities relating to-- - (1) down-blending of high-enriched uranium into low- - enriched uranium; - (2) manufacturing of candidate advanced low-enriched - uranium fuels; - (3) irradiation tests and post-irradiation examination of - these fuels; and - (4) modification or procurement of equipment and - infrastructure relating to such activities. - (c) Report.--Not later than 120 days after the date of the -enactment of this Act, the Administrator shall submit to the -congressional defense committees a plan outlining the activities the -Administrator will carry out under the program established under -subsection (a), including the funding requirements associated with -developing a low-enriched uranium fuel. - -SEC. 3117. INDEPENDENT STUDY ON EFFECTS OF USE OF NUCLEAR WEAPONS. - - (a) Study.--The Administrator for Nuclear Security shall seek to -enter into an agreement with the National Academies of Sciences, -Engineering, and Medicine under which the National Academies conduct a -study on the atmospheric effects of nuclear explosions. - (b) Matters Included.--The study under subsection (a) shall include -the following: - (1) An evaluation of the non-fallout atmospheric effects of - likely and plausible scenarios for nuclear war, ranging from - relatively small, regional exchanges to large exchanges - associated with nuclear war between major powers. - (2) An examination of the effects evaluated under paragraph - (1) by-- - (A) the yield, type, and number of nuclear weapons; - (B) the types and locations of targets; - (C) the time distribution of the explosions; - (D) the atmospheric conditions; and - (E) other factors that may have a significant - impact on the effects. - (3) An assessment of current models of nuclear explosions, - including with respect to-- - (A) the fires such explosions may cause; - (B) the atmospheric transport of the gases from - such explosions; - (C) the radioactive material from such explosions; - and - (D) the soot and other debris from such explosions - and fires, the atmospheric effects of such soot and - debris, and the consequences of such effects, including - the consequences relating to extreme weather, air - pollution, stratospheric ozone, agriculture, and marine - and terrestrial ecosystems. - (4) Identification of the capabilities and limitations of - the models described in paragraph (3) for assessing the impacts - of nuclear war, including-- - (A) an evaluation of the relevant uncertainties; - (B) a highlight of the key data gaps; and - (C) recommendations for how such models can be - improved to inform decision making. - (c) Report.-- - (1) In general.--Not later than 18 months after the date of - the enactment of this Act, the National Academies shall submit - to the Administrator for National Security and the - congressional defense committees a report on the study under - subsection (a). - (2) Form.--The report under paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. - (d) Information.--The Secretary of Defense shall provide to the -National Academies the information of the Department of Defense -necessary for the National Academies to conduct the study under -subsection (a), including information relating to relevant scenarios -described in subsection (b). - -SEC. 3118. REPORTS ON DIVERSITY OF CERTAIN CONTRACTOR EMPLOYEES OF - NATIONAL NUCLEAR SECURITY ADMINISTRATION. - +SEC. 3125. CONTINUED ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT +OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR RESERVATION. + (a) In General.--Not later than 60 days after the date of the +enactment of this Act, the Secretary of Energy shall-- + (1) enter into an arrangement with a federally funded research + and development center to conduct a follow-on analysis to the + analysis required by section 3134 of the National Defense + Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 + Stat. 2769) with respect to approaches for treating the portion of + low-activity waste at the Hanford Nuclear Reservation, Richland, + Washington, intended for supplemental treatment; and + (2) enter into an arrangement with the National Academies of + Sciences, Engineering, and Medicine to review the follow-on + analysis conducted under paragraph (1). + (b) Comparison of Alternatives to Aid Decisionmaking.--The analysis +required by subsection (a)(1) shall be designed, to the greatest extent +possible, to provide decisionmakers with the ability to make a direct +comparison between approaches for the supplemental treatment of low- +activity waste at the Hanford Nuclear Reservation based on criteria +that are relevant to decisionmaking and most clearly differentiate +between approaches. + (c) Elements.--The analysis required by subsection (a)(1) shall +clearly lay out a framework of decisions to be made among the treatment +technologies, waste forms, and disposal locations by including an +assessment of the following: + (1) The most effective potential technology for supplemental + treatment of low-activity waste that will produce an effective + waste form, including an assessment of the following: + (A) The maturity and complexity of the technology. + (B) The extent of previous use of the technology. + (C) The life cycle costs and duration of use of the + technology. + (D) The effectiveness of the technology with respect to + immobilization. + (E) The performance of the technology expected under + permanent disposal. + (F) The topical areas of additional study required for the + grout option identified in the analysis required by section + 3134 of the National Defense Authorization Act for Fiscal Year + 2017. + (2) The differences among approaches for the supplemental + treatment of low-activity waste considered as of the date of the + analysis required by subsection (a)(1). + (3) The compliance of such approaches with the technical + standards described in section 3134(b)(2)(D) of the National + Defense Authorization Act for Fiscal Year 2017. + (4) The differences among potential disposal sites for the + waste form produced through such treatment, including mitigation of + radionuclides, including technetium-99, selenium-79, and iodine- + 129, on a system level. + (5) Potential modifications to the design of facilities to + enhance performance with respect to disposal of the waste form to + account for the following: + (A) Regulatory compliance. + (B) Public acceptance. + (C) Cost. + (D) Safety. + (E) The expected radiation dose to maximally exposed + individuals over time. + (F) Differences among disposal environments. + (6) Approximately how much and what type of pretreatment is + needed to meet regulatory requirements regarding long-lived + radionuclides and hazardous chemicals to reduce disposal costs for + radionuclides described in paragraph (4). + (7) Whether the radionuclides can be left in the waste form or + economically removed and bounded at a system level by the + performance assessment of a potential disposal site and, if the + radionuclides cannot be left in the waste form, how to account for + the secondary waste stream. + (8) Other relevant factors relating to the technology described + in paragraph (1), including the following: + (A) The costs and risks in delays with respect to tank + performance over time. + (B) Consideration of experience with treatment methods at + other sites and commercial facilities. + (C) Outcomes of the test bed initiative of the Office of + Environmental Management at the Hanford Nuclear Reservation. + (d) Review, Consultation, Submission, and Limitations.--The +provisions of subsections (c) through (f) of section 3134 of the +National Defense Authorization Act for Fiscal Year 2017 shall apply +with respect to the analysis required by subsection (a)(1) to the same +extent and in the same manner that such provisions applied with respect +to the analysis required by subsection (a) of such section 3134, except +that subsection (e) of such section shall be applied and administered +by substituting ``the date of the enactment of the William M. (Mac) +Thornberry National Defense Authorization Act for Fiscal Year 2021'' +for ``the date of the enactment of this Act'' each place it appears. + + Subtitle D--Safeguards and Security Matters + +SEC. 3131. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND +SUBCONTRACTORS. + (a) In General.--Subtitle A of title XLV of the Atomic Energy +Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the end +the following new section: +``SEC. 4511. REPORTING ON PENETRATIONS OF NETWORKS OF CONTRACTORS AND +SUBCONTRACTORS. + ``(a) Procedures for Reporting Penetrations.--The Administrator +shall establish procedures that require each contractor and +subcontractor to report to the Chief Information Officer when a covered +network of the contractor or subcontractor that meets the criteria +established pursuant to subsection (b) is successfully penetrated. + ``(b) Establishment of Criteria for Covered Networks.-- + ``(1) In general.--The Administrator shall, in consultation + with the officials specified in paragraph (2), establish criteria + for covered networks to be subject to the procedures for reporting + penetrations under subsection (a). + ``(2) Officials specified.--The officials specified in this + paragraph are the following officials of the Administration: + ``(A) The Deputy Administrator for Defense Programs. + ``(B) The Associate Administrator for Acquisition and + Project Management. + ``(C) The Chief Information Officer. + ``(D) Any other official of the Administration the + Administrator considers necessary. + ``(c) Procedure Requirements.-- + ``(1) Rapid reporting.-- + ``(A) In general.--The procedures established pursuant to + subsection (a) shall require each contractor or subcontractor + to submit to the Chief Information Officer a report on each + successful penetration of a covered network of the contractor + or subcontractor that meets the criteria established pursuant + to subsection (b) not later than 60 days after the discovery of + the successful penetration. + ``(B) Elements.--Subject to subparagraph (C), each report + required by subparagraph (A) with respect to a successful + penetration of a covered network of a contractor or + subcontractor shall include the following: + ``(i) A description of the technique or method used in + such penetration. + ``(ii) A sample of the malicious software, if + discovered and isolated by the contractor or subcontractor, + involved in such penetration. + ``(iii) A summary of information created by or for the + Administration in connection with any program of the + Administration that has been potentially compromised as a + result of such penetration. + ``(C) Avoidance of delays in reporting.--If a contractor or + subcontractor is not able to obtain all of the information + required by subparagraph (B) to be included in a report + required by subparagraph (A) by the date that is 60 days after + the discovery of a successful penetration of a covered network + of the contractor or subcontractor, the contractor or + subcontractor shall-- + ``(i) include in the report all information available + as of that date; and + ``(ii) provide to the Chief Information Officer the + additional information required by subparagraph (B) as the + information becomes available. + ``(2) Access to equipment and information by administration + personnel.--Concurrent with the establishment of the procedures + pursuant to subsection (a), the Administrator shall establish + procedures to be used if information owned by the Administration + was in use during or at risk as a result of the successful + penetration of a covered network-- + ``(A) in order to-- + ``(i) in the case of a penetration of a covered network + of a management and operating contractor, enhance the + access of personnel of the Administration to Government- + owned equipment and information; and + ``(ii) in the case of a penetration of a covered + network of a contractor or subcontractor that is not a + management and operating contractor, facilitate the access + of personnel of the Administration to the equipment and + information of the contractor or subcontractor; and + ``(B) which shall-- + ``(i) include mechanisms for personnel of the + Administration to, upon request, obtain access to equipment + or information of a contractor or subcontractor necessary + to conduct forensic analysis in addition to any analysis + conducted by the contractor or subcontractor; + ``(ii) provide that a contractor or subcontractor is + only required to provide access to equipment or information + as described in clause (i) to determine whether information + created by or for the Administration in connection with any + program of the Administration was successfully exfiltrated + from a network of the contractor or subcontractor and, if + so, what information was exfiltrated; and + ``(iii) provide for the reasonable protection of trade + secrets, commercial or financial information, and + information that can be used to identify a specific person. + ``(3) Dissemination of information.--The procedures established + pursuant to subsection (a) shall allow for limiting the + dissemination of information obtained or derived through such + procedures so that such information may be disseminated only to + entities-- + ``(A) with missions that may be affected by such + information; + ``(B) that may be called upon to assist in the diagnosis, + detection, or mitigation of cyber incidents; + ``(C) that conduct counterintelligence or law enforcement + investigations; or + ``(D) for national security purposes, including cyber + situational awareness and defense purposes. + ``(d) Definitions.--In this section: + ``(1) Chief information officer.--The term `Chief Information + Officer' means the Associate Administrator for Information + Management and Chief Information Officer of the Administration. + ``(2) Contractor.--The term `contractor' means a private entity + that has entered into a contract or contractual action of any kind + with the Administration to furnish supplies, equipment, materials, + or services of any kind. + ``(3) Covered network.--The term `covered network' includes any + network or information system that accesses, receives, or stores-- + ``(A) classified information; or + ``(B) sensitive unclassified information germane to any + program of the Administration, as determined by the + Administrator. + ``(4) Subcontractor.--The term `subcontractor' means a private + entity that has entered into a contract or contractual action with + a contractor or another subcontractor to furnish supplies, + equipment, materials, or services of any kind in connection with + another contract in support of any program of the + Administration.''. + (b) Clerical Amendment.--The table of contents for the Atomic +Energy Defense Act is amended by inserting after the item relating to +section 4510 the following new item: + +``Sec. 4511. Reporting on penetrations of networks of contractors and + subcontractors.''. + + Subtitle E--Personnel Matters + +SEC. 3141. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN +SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL. + Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. +2701(c)(1)) is amended by striking ``September 30, 2020'' and inserting +``September 30, 2021''. +SEC. 3142. INCLUSION OF CERTAIN EMPLOYEES AND CONTRACTORS OF DEPARTMENT +OF ENERGY IN DEFINITION OF PUBLIC SAFETY OFFICER FOR PURPOSES OF +CERTAIN DEATH BENEFITS. + Section 1204(9) of title I of the Omnibus Crime Control and Safe +Streets Act of 1968 (34 U.S.C. 10284(9)) is amended-- + (1) in subparagraph (D), by striking ``or'' at the end; + (2) in subparagraph (E)(ii), by striking the period at the end + and inserting ``; or''; and + (3) by adding at the end the following: + ``(F) an employee or contractor of the Department of Energy + who-- + ``(i) is-- + + ``(I) a nuclear materials courier (as defined in + section 8331(27) of title 5, United States Code); or + ``(II) designated by the Secretary of Energy as a + member of an emergency response team; and + + ``(ii) is performing official duties of the Department, + pursuant to a deployment order issued by the Secretary, to + protect the public, property, or the interests of the + United States by-- + + ``(I) assessing, locating, identifying, securing, + rendering safe, or disposing of weapons of mass + destruction (as defined in section 1403 of the Defense + Against Weapons of Mass Destruction Act of 1996 (50 + U.S.C. 2302)); or + ``(II) managing the immediate consequences of a + radiological release or exposure.''. + +SEC. 3143. REIMBURSEMENT FOR LIABILITY INSURANCE FOR NUCLEAR MATERIALS +COURIERS. + Section 636(c)(2) of the Treasury, Postal Service, and General +Government Appropriations Act, 1997 (as enacted into law by section +101(f) of division A of Public Law 104-208; 5 U.S.C. prec. 5941 note) +is amended by striking ``or under'' and all that follows and inserting +the following: ``any special agent under section 203 of the Omnibus +Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4823), or +any nuclear materials courier (as defined in section 8331(27) of such +title 5);''. +SEC. 3144. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE FAMILY OF +DECEASED NUCLEAR MATERIALS COURIERS. + Section 5724d(c)(1) of title 5, United States Code, is amended-- + (1) in subparagraph (B), by striking ``; and'' and inserting a + semicolon; and + (2) by adding at the end the following: + ``(D) any nuclear materials courier, as defined in section + 8331(27); and''. +SEC. 3145. PERMANENT EXTENSION OF OFFICE OF OMBUDSMAN FOR ENERGY +EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. + Section 3686 of the Energy Employees Occupational Illness +Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is amended by +striking subsection (h). +SEC. 3146. REPORTS ON DIVERSITY OF CERTAIN CONTRACTOR EMPLOYEES OF +NATIONAL NUCLEAR SECURITY ADMINISTRATION. (a) Annual Reports.--Not later than December 31, 2020, and each year thereafter through 2022, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the @@ -51898,182 +54784,418 @@ Administration. (b) Matters Included.--Subject to subsection (c), each report under subsection (a) shall include, for each covered element of the Administration, the following: - (1) With respect to the fiscal year covered by the report - and the previous fiscal year, demographic data of-- - (A) the contractor employees of the covered - element; - (B) the contractor employees hired at the covered - element during each such year; and - (C) the contractor employees of the covered element - who voluntarily separated during each such year. - (2) To the extent practical, a breakdown of the data under - subparagraph (A) by each position in the Standard Occupational - Classification System by the Bureau of Labor Statistics. - (3) A description of the plan to increase diversity at the - covered element, and how such plan responds to any trends - identified with respect to the data under paragraph (1). - (4) An identification of the official of the covered - element responsible for implementing such plan and a - description of how the person determines whether the covered - element is meeting the goals of the plan. - (5) A description of the training resources relating to - diversity, equality, and inclusion are available to contractor - employees of the covered element with hiring authority, and an - identification of how many such contractor employees have been - trained. + (1) With respect to the fiscal year covered by the report and + the previous fiscal year, demographic data of-- + (A) the contractor employees of the covered element; + (B) the contractor employees hired at the covered element + during each such year; and + (C) the contractor employees of the covered element who + voluntarily separated during each such year. + (2) To the extent practical, a breakdown of the data under + paragraph (1) by each position in the Standard Occupational + Classification System of the Bureau of Labor Statistics. + (3) A description of the plan to increase diversity at the + covered element, and how such plan responds to any trends + identified with respect to the data under paragraph (1). + (4) An identification of the office of the covered element + responsible for implementing such plan and a description of how + that office determines whether the covered element is meeting the + goals of the plan. + (5) A description of the training resources relating to + diversity, equality, and inclusion mandated for contractor + employees of the covered element with hiring authority, and an + identification of how many such contractor employees have been + trained. (c) Data.--The Administrator shall carry out this section using data that is-- - (1) otherwise available to the Administrator and to the - management and operating contractors of the nuclear security - enterprise; - (2) collected in accordance with applicable laws and - regulations of the Equal Employment Opportunity Commission, - regulations of the Office of Federal Contract Compliance - Programs of the Department of Labor, and applicable provisions - of Federal law on privacy; and - (3) obtained from relevant elements of the Federal - Government pursuant to a memorandum of understanding specifying - the terms and conditions for the sharing of such data, - including by identifying-- - (A) the statutory authority governing such sharing; - (B) the minimum amount of data needed to be shared; - (C) the exact data to be shared; - (D) the method of securely sharing such data; and - (E) the limitations on the use and disclosure of - such data. + (1) otherwise available to the Administrator and to the + management and operating contractors of the nuclear security + enterprise; + (2) collected in accordance with applicable laws and + regulations of the Equal Employment Opportunity Commission, + regulations of the Office of Federal Contract Compliance Programs + of the Department of Labor, and applicable provisions of Federal + law on privacy; and + (3) obtained from relevant elements of the Federal Government + pursuant to a memorandum of understanding specifying the terms and + conditions for the sharing of such data, including by identifying-- + (A) the statutory authority governing such sharing; + (B) the minimum amount of data needed to be shared; + (C) the exact data to be shared; + (D) the method of securely sharing such data; and + (E) the limitations on the use and disclosure of such data. (d) Publication.--The Administrator shall make publicly available on the internet website of the Department of Energy each report under subsection (a), subject to the regulations and Federal law specified in subsection (c)(2). - (e) GAO Review.--Not later than 1 year after the date on which the -Administrator submits the first report under subsection (a), the + (e) GAO Review.--Not later than one year after the date on which +the Administrator submits the first report under subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees a review of-- - (1) the diversity of contractor employees with respect to - both the hiring and retention of such employees; - (2) the demographic composition of such employees; and - (3) the issues relating to diversity that such report - identifies and the steps taken by the Administrator to address - such issues. + (1) the diversity of contractor employees with respect to both + the hiring and retention of such employees; + (2) the demographic composition of such employees; and + (3) the issues relating to diversity that such report + identifies and the steps taken to address such issues. (f) Sense of Congress.--It is the sense of Congress that-- - (1) National Nuclear Security Administration is undertaking - the largest and most complex workload since the end of the Cold - War; - (2) ensuring that the nuclear security enterprise hires, - trains, and retains a diverse and highly educated workforce is - a national security priority of the United States; - (3) more than 5,000 employees were hired at the - laboratories, plants, and sites of the National Nuclear - Security Administration during fiscal year 2019; and - (4) the National Nuclear Security Administration has taken - important actions to hire and retain the best and brightest - workforce and is encouraged to continue to build upon these - efforts, particularly as its aging workforce continues to - retire. + (1) the National Nuclear Security Administration is undertaking + the largest and most complex workload since the end of the Cold + War; + (2) ensuring that the nuclear security enterprise hires, + trains, and retains a diverse and highly educated workforce is a + national security priority of the United States; + (3) more than 5,000 employees were hired at the laboratories, + plants, and sites of the National Nuclear Security Administration + during fiscal year 2019; and + (4) the National Nuclear Security Administration has taken + important actions to hire and retain the best and brightest + workforce and is encouraged to continue to build upon those + efforts, particularly as its aging workforce continues to retire. (g) Definitions.--In this section: - (1) The term ``contractor employee'' means an employee of a - management and operating contractor of the nuclear security - enterprise. - (2) The term ``covered element'' means each national - security laboratory and nuclear weapons production facility (as - such terms are defined in section 3281 of the National Nuclear - Security Administration Act (50 U.S.C. 2471)). - (3) The term ``nuclear security enterprise'' has the - meaning that term in section 3281 of the National Nuclear - Security Administration Act (50 U.S.C. 2471)). - -SEC. 3119. FINDINGS, PURPOSE, AND APOLOGY RELATING TO FALLOUT EMITTED - DURING THE GOVERNMENT'S ATMOSPHERIC NUCLEAR TESTS. - - Section 2(a)(1) of the Radiation Exposure Compensation Act (Public -Law 101-426; 42 U.S.C. 2210 note) is amended by inserting ``, including -individuals in New Mexico, Idaho, Colorado, Arizona, Utah, Texas, -Wyoming, Oregon, Washington, South Dakota, North Dakota, Nevada, Guam, -and the Northern Mariana Islands,'' after ``tests exposed -individuals''. - -SEC. 3120. SENSE OF CONGRESS REGARDING URANIUM MINING AND NUCLEAR - TESTING. - - It is the sense of Congress that the United States should -compensate and recognize all of the miners, workers, downwinders, and -others suffering from the effects of uranium mining and nuclear testing -carried out during the Cold War. - -SEC. 3121. PROHIBITION ON USE OF FUNDS FOR NUCLEAR WEAPONS TEST - EXPLOSIONS. - - (a) In General.--None of the funds authorized to be appropriated by -this Act or otherwise made available for fiscal year 2021, or -authorized to be appropriated or otherwise made available for any -fiscal year before fiscal year 2021 and available for obligation as of -the date of the enactment of this Act, may be obligated or expended to -conduct or make preparations for any explosive nuclear weapons test -that produces any yield. - (b) Rule of Construction.--Nothing in subsection (a) shall be -construed to apply to nuclear stockpile stewardship activities that are -consistent with the zero-yield standard and other requirements under -law. - -SEC. 3122. SENSE OF CONGRESS ON THE ENERGY EMPLOYEES OCCUPATIONAL - ILLNESS COMPENSATION PROGRAM. - - It is the sense of Congress that-- - (1) the Energy Employees Occupational Illness Compensation - Program Act (EEOICPA) was enacted as part of the Fiscal Year - 2001 Defense Authorization Act (Public Law 106-398) to ensure - fairness and equity to the civilian men and women who, since - the commencement of the Manhattan Project, have performed - duties uniquely related to the nuclear weapons production and - testing programs of the Department of Energy (DOE) and its - predecessor agencies and were made ill from exposure to toxic - substances related to such work; - (2) as part of EEOICPA, Congress provided for a system of - efficient, uniform, and adequate compensation and health care - to assist the defense nuclear workers who were employed by the - DOE, its contractors, and certain private vendors; - (3) as part of reforms to this program enacted as part of - the Fiscal Year 2005 Defense Authorization Act (Public Law 108- - 375), Congress created the Office of the Ombudsman for the - Energy Employees Occupational Illness Compensation Program - (although such Office is within the Department of Labor, the - Office of the Ombudsman is independent of the other officers - and employees of the Department of Labor engaged in activities - related to the administration of the provisions of EEOICPA); - (4) the Office of the Ombudsman provides guidance and - assistance to claimants navigating the claims application - process and prepares an annual report to Congress with-- - (A) the number and types of complaints, grievances, - and requests for assistance received by the Ombudsman - during the preceding year; and - (B) an assessment of the most common difficulties - encountered by claimants and potential claimants during - the preceding year; - (5) claimants rely on the Office of the Ombudsman in the - Department of Labor to provide impartial advice and guidance in - navigating what can be a challenging claims process, and its - operations should be continued; - (6) Congress has reauthorized the Office of the Ombudsman - on a bipartisan basis as part of the National Defense - Authorization Act on multiple occasions, including most - recently in the Fiscal Year 2020 Defense Authorization Act - (Public Law 116-48); and - (7) the Office of the Ombudsman is critical to the - successful implementation of EEOICPA. + (1) Contractor employee.--The term ``contractor employee'' + means an employee of a management and operating contractor of the + nuclear security enterprise. + (2) Covered element.--The term ``covered element'' means each + national security laboratory and nuclear weapons production + facility (as such terms are defined in section 3281 of the National + Nuclear Security Administration Act (50 U.S.C. 2471)). + (3) Nuclear security enterprise.--The term ``nuclear security + enterprise'' has the meaning that term in section 3281 of the + National Nuclear Security Administration Act (50 U.S.C. 2471)). +SEC. 3147. SENSE OF CONGRESS REGARDING COMPENSATION OF INDIVIDUALS +RELATING TO URANIUM MINING AND NUCLEAR TESTING. + (a) Findings.--Congress makes the following findings: + (1) The Radiation Exposure Compensation Act (Public Law 101- + 426; 42 U.S.C. 2210 note) was enacted in 1990 to provide monetary + compensation to individuals who contracted certain cancers and + other serious diseases following their exposure to radiation + released during atmospheric nuclear weapons testing during the Cold + War or following exposure to radiation as a result of employment in + the uranium industry during the Cold War. + (2) The Radiation Exposure Compensation Act expires on July 9, + 2022. Unless that Act is extended, individuals who contract certain + cancers and other serious diseases because of events described in + paragraph (1) may be unable to claim compensation for such + diseases. + (b) Sense of Congress.--It is the sense of Congress that the United +States Government should continue to appropriately compensate and +recognize the individuals described in subsection (a). + + Subtitle F--Budget and Financial Management Matters + +SEC. 3151. REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE +ACTIVITIES. + (a) In General.--Section 4732 of the Atomic Energy Defense Act (50 +U.S.C. 2772) is amended to read as follows: +``SEC. 4732. REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE +ACTIVITIES. + ``(a) Reports Required.-- + ``(1) In general.--Concurrent with the submission of the budget + justification materials submitted to Congress in support of the + budget of the President for a fiscal year (submitted to Congress + pursuant to section 1105(a) of title 31, United States Code), the + Secretary of Energy shall submit to the congressional defense + committees a report on the financial balances for each atomic + energy defense program. + ``(2) Presentation of information.--In each report required by + paragraph (1), the Secretary shall-- + ``(A) present information on the financial balances for + each atomic energy defense program at the budget control levels + used in the report accompanying the most current Act + appropriating funds for energy and water development; and + ``(B) present financial balances in connection with funding + under recurring DOE national security authorizations (as + defined in section 4701) separately from balances in connection + with funding under any other provision of law. + ``(b) Elements.-- + ``(1) Format.--Each report required by subsection (a) shall-- + ``(A) be divided into two parts, as specified in paragraphs + (2) and (3); and + ``(B) set forth the information required by those + paragraphs in summary form and by fiscal year. + ``(2) Part 1.--The first part of the report required by + subsection (a) shall set forth, for each atomic energy defense + program, the following information, as of the end of the most + recently completed fiscal year: + ``(A) The balance of any unobligated funds and an + explanation for why those funds are unobligated. + ``(B) The total funds available to cost. + ``(C) The total balance of costed funds. + ``(D) The total balance of uncosted funds. + ``(E) The threshold for the balance of uncosted funds, + stated in dollars. + ``(F) The amount of any balance of uncosted funds that is + over or under that threshold and, in the case of a balance over + that threshold, an explanation for why the balance is over that + threshold. + ``(G) The total balance of committed, uncosted funds. + ``(H) The total balance of uncommitted, uncosted funds. + ``(I) The amount of any balance of uncommitted, uncosted + funds that is over or under the threshold described in + subparagraph (E) and, in the case of a balance over that + threshold, an explanation for why the balance is over that + threshold. + ``(3) Part 2.--The second part of the report required by + subsection (a) shall set forth, for each atomic energy defense + program, the following information: + ``(A) The balance of any unobligated funds, as of the end + of the first quarter of the current fiscal year. + ``(B) The total balance of uncosted funds, as of the end of + the first quarter of the current fiscal year. + ``(C) Unalloted budget authority. + ``(c) Definitions.--In this section: + ``(1) Committed.--The term `committed', with respect to funds, + means the funds are associated with a legally enforceable + agreement, such as a purchase order or contract, that has been + entered into. + ``(2) Costed.--The term `costed', with respect to funds, means + the funds have been obligated to a contract and goods or services + have been received by the contractor in exchange for the funds. + ``(3) Uncommitted.--The term `uncommitted', with respect to + funds, means the funds are not committed. + ``(4) Uncosted.--The term `uncosted', with respect to funds, + means the funds have been obligated to a contract and goods or + services have not been received by the contractor in exchange for + the funds. + ``(5) Threshold.--The term `threshold' means a benchmark over + which a balance carried over at the end of a fiscal year should be + given greater scrutiny by Congress. + ``(6) Total funds available to cost.--The term `total funds + available to cost' means the sum of-- + ``(A) total uncosted obligations from prior fiscal years; + ``(B) current fiscal year obligations; and + ``(C) current fiscal year deobligations.''. + (b) Clerical Amendment.--The table of contents for the Atomic +Energy Defense Act is amended by striking the item relating to section +4732 and inserting the following new item: + +``Sec. 4732. Reports on financial balances for atomic energy defense + activities.''. + + Subtitle G--Administrative Matters + +SEC. 3161. MODIFICATIONS TO ENHANCED PROCUREMENT AUTHORITY TO MANAGE +SUPPLY CHAIN RISK. + Section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is +amended-- + (1) in subsections (a) and (c), by inserting ``or special + exclusion action'' after ``covered procurement action'' each place + it appears; + (2) by redesignating subsections (e) and (f) as subsections (f) + and (g), respectively; + (3) by inserting after subsection (d) the following new + subsection (e): + ``(e) Delegation of Authority.--The Secretary may delegate the +authority under this section to-- + ``(1) in the case of the Administration, the Administrator; and + ``(2) in the case of any other component of the Department of + Energy, the Senior Procurement Executive of the Department.''; and + (4) in subsection (f), as redesignated by paragraph (2)-- + (A) by redesignating paragraph (6) as paragraph (7); and + (B) by inserting after paragraph (5) the following new + paragraph (6): + ``(6) Special exclusion action.--The term `special exclusion + action' means an action to prohibit, for a period not to exceed two + years, the award of any contracts or subcontracts by the + Administration or any other component of the Department of Energy + related to any covered system to a source the Secretary determines + to represent a supply chain risk.''. +SEC. 3162. EXTENSION OF PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD +COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-DIRECTED RESEARCH AND +DEVELOPMENT. + Section 3119 of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is amended-- + (1) in subsection (c)(2), by striking ``four'' and inserting + ``nine''; and + (2) in subsection (d), by striking ``February 15, 2020'' and + inserting ``February 15, 2025''. + + Subtitle H--Other Matters + +SEC. 3171. INDEPENDENT STUDY ON POTENTIAL ENVIRONMENTAL EFFECTS OF +NUCLEAR WAR. + (a) Study.--The Administrator for Nuclear Security, in consultation +with the Secretary of Defense and the Director of National +Intelligence, shall seek to enter into an agreement with the National +Academies of Sciences, Engineering, and Medicine under which the +National Academies conduct a study on the environmental effects of +nuclear war. + (b) Matters Included.--The study under subsection (a) shall include +the following: + (1) An evaluation of the non-fallout atmospheric effects of + plausible scenarios for nuclear war, ranging from low-quantity + regional exchanges to large-scale exchanges between major powers. + (2) An examination of the effects evaluated under paragraph (1) + by-- + (A) the yield, type, and number of nuclear weapons; + (B) the types and locations of targets; + (C) the time distribution of the explosions; + (D) the atmospheric conditions; and + (E) other factors that may have a significant impact on the + effects. + (3) An assessment of current models of nuclear explosions, + including with respect to-- + (A) the fires such explosions may cause; + (B) the atmospheric transport of the gases from such + explosions; + (C) the radioactive material from such explosions; and + (D) the soot and other debris from such fires and + explosions and the atmospheric, terrestrial, and marine + consequences of such effects, including with respect to changes + in weather patterns, airborne particulate concentrations, + stratospheric ozone, agriculture, and long-term regional + ecosystem viability. + (4) Identification of the capabilities and limitations of the + models described in paragraph (3) for assessing the environmental + effects of nuclear war, including-- + (A) an evaluation of the relevant uncertainties; + (B) a highlight of the key data gaps; and + (C) recommendations for how such models can be improved to + better inform decision making. + (c) Report.-- + (1) In general.--Not later than 18 months after the date of the + enactment of this Act, the National Academies shall submit to the + Administrator, the Secretary, the Director, and the congressional + defense committees a report on the study under subsection (a). + (2) Form.--The report under paragraph (1) shall be submitted in + unclassified form but may include a classified annex. + (d) Provision of Information.-- + (1) Secretary of defense.--The Secretary shall provide to the + National Academies such information of the Department of Defense as + is necessary for the National Academies to conduct the study under + subsection (a), including information relating to relevant + scenarios described in subsection (b). + (2) Director of national intelligence.--The Director shall + provide to the National Academies such information on foreign + adversary capabilities as is necessary for the National Academies + to conduct the study under subsection (a), including information + relating to relevant scenarios described in subsection (b). +SEC. 3172. REVIEW OF FUTURE OF COMPUTING BEYOND EXASCALE AT THE +NATIONAL NUCLEAR SECURITY ADMINISTRATION. + (a) In General.--The Administrator for Nuclear Security, in +consultation with the Secretary of Energy, shall enter into an +agreement with the National Academy of Sciences to review the future of +computing beyond exascale computing to meet national security needs at +the National Nuclear Security Administration. + (b) Elements.--The review required by subsection (a) shall address +the following: + (1) Future computing needs of the National Nuclear Security + Administration that exascale computing will not accomplish during + the 20 years after the date of the enactment of this Act. + (2) Computing architectures that potentially can meet those + needs, including-- + (A) classical computing architectures employed as of such + date of enactment; + (B) quantum computing architectures and other novel + computing architectures; + (C) hybrid combinations of classical and quantum computing + architectures; and + (D) other architectures as necessary. + (3) The development of software for the computing architectures + described in paragraph (2). + (4) The maturity of the computing architectures described in + paragraph (2) and the software described in paragraph (3), with key + obstacles that must be overcome for the employment of such + architectures and software. + (5) The secure industrial base that exists as of the date of + the enactment of this Act to meet the unique needs of computing at + the National Nuclear Security Administration, including needs with + respect to-- + (A) personnel; + (B) microelectronics; and + (C) other appropriate matters. + (c) Information and Clearances.--The Administrator shall ensure +that personnel of the National Academy of Sciences overseeing the +implementation of the agreement required by subsection (a) or +conducting the review required by that subsection receive, in a timely +manner, access to information and necessary security clearances to +enable the conduct of the review. + (d) Report Required.-- + (1) In general.--Not later than 2 years after the date of the + enactment of this Act, the National Academy of Sciences shall + submit to the congressional defense committees a report on the + findings of the review required by subsection (a). + (2) Form.--The report required by paragraph (1) shall be + submitted in unclassified form but may include a classified annex. + (e) Exascale Computing Defined.--In this section, the term +``exascale computing'' means computing through the use of a computing +machine that performs near or above 10 to the 18th power floating point +operations per second. +SEC. 3173. SENSE OF CONGRESS ON THE AGREEMENT SUSPENDING THE +ANTIDUMPING INVESTIGATION ON URANIUM FROM THE RUSSIAN FEDERATION. + It is the sense of Congress that the Agreement Suspending the +Antidumping Investigation on Uranium from the Russian Federation, dated +October 16, 1992, as most recently amended by an agreement signed by +the United States Department of Commerce and the State Atomic Energy +Corporation Rosatom of the Russian Federation on October 6, 2020 (85 +Fed. Reg. 64112), will provide certainty to the United States nuclear +fuel supply chain while avoiding unfair trade practices in the +importation of uranium products from the Russian Federation consistent +with national security and nonproliferation goals of the United States. TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD +Sec. 3201. Authorization. +Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear + Facilities Safety Board. SEC. 3201. AUTHORIZATION. - There are authorized to be appropriated for fiscal year 2021, $28,836,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). +SEC. 3202. NONPUBLIC COLLABORATIVE DISCUSSIONS BY DEFENSE NUCLEAR +FACILITIES SAFETY BOARD. + Section 313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is +amended by adding at the end the following new subsection: + ``(k) Nonpublic Collaborative Discussions.-- + ``(1) In general.--Notwithstanding section 552b of title 5, + United States Code, a quorum of the members of the Board may hold a + meeting that is not open to public observation to discuss official + business of the Board if-- + ``(A) no formal or informal vote or other official action + is taken at the meeting; + ``(B) each individual present at the meeting is a member or + an employee of the Board; + ``(C) at least one member of the Board from each political + party is present at the meeting, unless all members of the + Board are of the same political party at the time of the + meeting; and + ``(D) the general counsel of the Board, or a designee of + the general counsel, is present at the meeting. + ``(2) Disclosure of nonpublic collaborative discussions.-- + ``(A) In general.--Except as provided by subparagraph (B), + not later than two business days after the conclusion of a + meeting described in paragraph (1), the Board shall make + available to the public, in a place easily accessible to the + public-- + ``(i) a list of the individuals present at the meeting; + and + ``(ii) a summary of the matters, including key issues, + discussed at the meeting, except for any matter the Board + properly determines may be withheld from the public under + section 552b(c) of title 5, United States Code. + ``(B) Information about matters withheld from public.--If + the Board properly determines under subparagraph (A)(ii) that a + matter may be withheld from the public under section 552b(c) of + title 5, United States Code, the Board shall include in the + summary required by that subparagraph as much general + information as possible with respect to the matter. + ``(3) Rules of construction.--Nothing in this subsection may be + construed-- + ``(A) to limit the applicability of section 552b of title + 5, United States Code, with respect to-- + ``(i) a meeting of the members of the Board other than + a meeting described in paragraph (1); or + ``(ii) any information that is proposed to be withheld + from the public under paragraph (2)(A)(ii); or + ``(B) to authorize the Board to withhold from any + individual any record that is accessible to that individual + under section 552a of title 5, United States Code.''. TITLE XXXIV--NAVAL PETROLEUM RESERVES +Sec. 3401. Authorization of appropriations. SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. - (a) Amount.--There are hereby authorized to be appropriated to the Secretary of Energy $13,006,000 for fiscal year 2021 for the purpose of carrying out activities under chapter 869 of title 10, United States @@ -52084,2007 +55206,1282 @@ available until expended. TITLE XXXV--MARITIME MATTERS + Subtitle A--Maritime Administration + +Sec. 3501. Authorization of the Maritime Administration. +Sec. 3502. Improvements to process for waiving navigation and vessel- + inspection laws and approving foreign vessel charters for + passenger vessels. +Sec. 3503. Superintendent of the United States Merchant Marine Academy. +Sec. 3504. Assistance for inland and small coastal ports and terminals. +Sec. 3505. Maritime transportation system emergency relief program. +Sec. 3506. Sea year cadets on cable security fleet and tanker security + fleet vessels. +Sec. 3507. Centers of excellence for domestic maritime workforce + training and education: technical amendments. +Sec. 3508. Merchant mariner training and education. +Sec. 3509. Publication of information about students and recent + graduates of Maritime Academies. +Sec. 3510. Mariner licensing and credentialing for M/V LISERON. + + Subtitle B--Tanker Security Fleet + +Sec. 3511. Tanker Security Fleet. + + Subtitle C--Other Matters + +Sec. 3521. Maritime security and domain awareness. +Sec. 3522. Sense of Congress regarding role of domestic maritime + industry in national security. + Subtitle A--Maritime Administration SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION. - (a) Fiscal Year 2021 Authorization.--There are authorized to be appropriated to the Department of Transportation for fiscal year 2021, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with maintaining the United States merchant marine, the following amounts: - (1) For expenses necessary for operations of the United - States Merchant Marine Academy, $81,944,000, of which-- - (A) $76,444,000 shall be for Academy operations; - and - (B) $5,500,000 shall remain available until - expended for capital asset management at the Academy. - (2) For expenses necessary to support the State maritime - academies, $37,700,000, of which-- - (A) $2,400,000 shall remain available until - September 30, 2021, for the Student Incentive Program; - and - (B) $30,500,000 shall remain available until - expended for maintenance and repair of State maritime - academy training vessels. - (3) For expenses necessary to support the National Security - Multi-Mission Vessel Program, $388,815,000, which shall remain - available until expended. - (4) For expenses necessary to support Maritime - Administration operations and programs, $55,853,000. - (5) For expenses necessary to dispose of vessels in the - National Defense Reserve Fleet, $4,200,000, which shall remain - available until expended. - (6) For expenses necessary to maintain and preserve a - United States flag merchant marine to serve the national - security needs of the United States under chapter 531 of title - 46, United States Code, $494,008,000. - (7) For expenses necessary for the loan guarantee program - authorized under chapter 537 of title 46, United States Code, - $33,000,000, of which-- - (A) $30,000,000 may be used for the cost (as - defined in section 502(5) of the Federal Credit Reform - Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees - under the program; and - (B) $3,000,000 may be used for administrative - expenses relating to loan guarantee commitments under - the program. - (8) For expenses necessary to provide small shipyards and - maritime communities grants under section 54101 of title 46, - United States Code, $20,000,000. + (1) For expenses necessary for operations of the United States + Merchant Marine Academy, $85,441,000, of which-- + (A) $79,941,000 shall be for Academy operations; and + (B) $5,500,000 shall remain available until expended for + capital asset management at the Academy. + (2) For expenses necessary to support the State maritime + academies, $50,780,000, of which-- + (A) $2,400,000 shall remain available until September 30, + 2022, for the Student Incentive Program; + (B) $6,000,000 shall remain available until expended for + direct payments to such academies; + (C) $3,800,000 shall remain available until expended for + training ship fuel assistance; + (D) $8,080,000 shall remain available until expended for + offsetting the costs of training ship sharing. and + (E) $30,500,000 shall remain available until expended for + maintenance and repair of State maritime academy training + vessels. + (3) For expenses necessary to support the National Security + Multi-Mission Vessel Program, $388,815,000, which shall remain + available until expended. + (4) For expenses necessary to support Maritime Administration + operations and programs, $67,148,000, of which-- + (A) $3,000,000 shall remain available until expended for + activities authorized under section 50307 of title 46, United + States Code; and + (B) $9,775,000 shall remain available until expended for + the Marine Highways Program. + (5) For expenses necessary to dispose of vessels in the + National Defense Reserve Fleet, $5,000,000, which shall remain + available until expended. + (6) For expenses necessary to maintain and preserve a United + States flag merchant marine to serve the national security needs of + the United States under chapter 531 of title 46, United States + Code, $494,008,000. + (7) For expenses necessary for the loan guarantee program + authorized under chapter 537 of title 46, United States Code, + $33,000,000, of which-- + (A) $30,000,000 shall remain available until expended for + the cost (as defined in section 502(5) of the Federal Credit + Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under + the program; and + (B) $3,000,000 may be used for administrative expenses + relating to loan guarantee commitments under the program. + (8) For expenses necessary to provide assistance to small + shipyards and for maritime training programs under section 54101 of + title 46, United States Code, $20,000,000, which shall remain + available until expended. + (9) For expenses necessary to implement the Port and Intermodal + Improvement Program, $750,000,000, except that no such funds may be + used to provide a grant to purchase fully automated cargo handling + equipment that is remotely operated or remotely monitored with or + without the exercise of human intervention or control, if the + Secretary determines such equipment would result in a net loss of + jobs within a port or port terminal. (b) Amount of Fiscal Year 2021 Contractor Payments Under Operating Agreements.--Section 53106(a)(1)(B) of title 46, United States Code, is amended by striking ``$5,233,463'' and inserting ``$8,233,463''. - (c) Conforming Amendment.--Section 53111(2) of title 46, United -States Code, is amended by striking ``$314,007,780'' and inserting -``$494,008,000''. - -SEC. 3502. SENSE OF CONGRESS REGARDING ROLE OF DOMESTIC MARITIME - INDUSTRY IN NATIONAL SECURITY. + (c) Conforming Amendment.--Title 46, United States Code, is further +amended-- + (1) in section 53111(2), by striking ``$314,007,780'' and + inserting ``$494,008,000''; and + (2) in section 54101(i), by striking ``for each of fiscal years + 2020 and 2021 to carry out this section $40,000,000'' and inserting + ``for fiscal year 2021 to carry out this section $20,000,000''. +SEC. 3502. IMPROVEMENTS TO PROCESS FOR WAIVING NAVIGATION AND VESSEL- +INSPECTION LAWS AND APPROVING FOREIGN VESSEL CHARTERS FOR PASSENGER +VESSELS. + (a) Improvements to Waiver Process.-- + (1) In general.--Section 501 of title 46, United States Code, + is amended-- + (A) by striking subsection (a) and inserting the following + new subsection (a): + ``(a) On Request of Secretary of Defense.-- + ``(1) In general.--On request of the Secretary of Defense, the + head of an agency responsible for the administration of the + navigation or vessel-inspection laws shall waive compliance with + those laws to the extent the Secretary considers necessary in the + interest of national defense to address an immediate adverse effect + on military operations. + ``(2) Submittal of explanation to congress.--Not later than 24 + hours after making a request under paragraph (1), the Secretary of + Defense shall submit to the Committee on Transportation and + Infrastructure and the Committee on Armed Services of the House of + Representatives and the Committee on Commerce, Science, and + Transportation and the Committee on Armed Services of the Senate a + written explanation of the circumstances requiring such a waiver in + the interest of national defense, including a confirmation that + there are insufficient qualified vessels to meet the needs of + national defense without such a waiver.''; + (B) in subsection (b)-- + (i) by redesignating paragraphs (2) and (3) as + paragraphs (3) and (4), respectively; + (ii) by inserting after paragraph (1) the following new + paragraph (2): + ``(2) Duration of waiver.-- + ``(A) In general.--Subject to subparagraphs (B) and (C), a + waiver issued under this subsection shall be for a period of + not more than 10 days. + ``(B) Waiver extension.--Upon the termination of the period + of a waiver issued under this subsection, the head of an agency + may extend the waiver for an additional period of not more than + 10 days, if the Maritime Administrator makes the determinations + referred to in paragraph (1). + ``(C) Aggregate duration.--The aggregate duration of the + period of all waivers and extensions of waivers under this + subsection with respect to any one set of events shall not + exceed 45 days.''; and + (iii) in paragraph (4), as so redesignated-- + + (I) in subparagraph (B)(ii), by striking + ``paragraph (2)(A)'' and inserting ``paragraph + (3)(A)''; and + (II) by adding at the end the following new + subparagraph: - (a) Findings.--Congress makes the following findings: - (1) The United States domestic maritime industry, with a - fleet of nearly 40,000 vessels, supports nearly 650,000 - American jobs and provides more than $150,000,000 in annual - economic output. - (2) The vessel innovations of the domestic trades that - transformed worldwide maritime commerce include the development - of container ships, self-unloading vessels, articulated tug- - barges, trailer barges, chemical parcel tankers, railroad-on- - barge carfloats, and river flotilla towing systems. - (3) The domestic fleet is essential to national security is - needed to crew United States Government-owned and other sealift - vessels to protect the Nation. - (4) The Department of Defense and the entire national - security infrastructure of the United States benefits from a - robust commercial shipyard and ship repair industry, which - helps provide both economic and military sealift support. - (5) The Department of Defense depends on the United States - domestic trades' fleet of container ships, roll-on/roll-off - ships, product tankers, and other vessels to assist with the - flow of military cargoes during both peace time and war time. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) United States coastwise trade laws promote a strong - domestic trade maritime industry, which supports the national - security and economic vitality of the United States and the - efficient operation of the United States transportation system; - and - (2) a strong commercial maritime industry makes the United - States more secure. - -SEC. 3503. NONAPPLICABILITY OF REQUIREMENT RELATING TO MINIMUM NUMBER - OF OPERATING DAYS FOR VESSELS OPERATING UNDER MSP - OPERATING AGREEMENTS. - - Notwithstanding part 296 of title 46, Code of Federal Regulations, -until December 31, 2020, or upon the written determination of the -Secretary of Transportation until June 31, 2021, the operator of a -vessel operating such vessel under an MSP Operating Agreement (as such -term is defined in section 296.2 of title 46, Code of Federal -Regulations)-- - (1) shall not be required to comply with any requirement - with respect to operating days (as such term is defined in such - section) contained in such agreement; and - (2) shall maintain such vessel in a state of operational - readiness, including through the employment of the vessel's - crew complement, until the applicable date. - -SEC. 3504. IMPROVEMENTS TO PROCESS FOR WAIVING NAVIGATION AND VESSEL- - INSPECTION LAWS. - - (a) Improvements to Waiver Process.--Section 501 of title 46, -United States Code, is amended-- - (1) in subsection (a), by adding ``to address an immediate - adverse effect on military operations'' after ``national - defense''; - (2) in subsection (b)-- - (A) by redesignating paragraphs (2) and (3) as - paragraphs (3) and (4), respectively; - (B) by inserting after paragraph (1) the following - new paragraph: - ``(2) Duration of waiver.-- - ``(A) In general.--Subject to subparagraphs (B) and - (C), a waiver issued under this subsection shall be for - a period of not more than 10 days. - ``(B) Waiver extension.--Upon the termination of - the period of a waiver issued under this subsection, - the head of an agency may extend the waiver for an - additional period of not more than 10 days, if the - Maritime Administrator makes the determinations - referred to in paragraph (1). - ``(C) Aggregate duration.--The aggregate duration - of the period of all waivers and extensions of waivers - under this subsection with respect to any one set of - events shall not exceed 45 days.''; and - (C) in paragraph (4), as so redesignated-- - (i) in subparagraph (B)(ii), by striking - ``paragraph (2)(A)'' and inserting ``paragraph - (3)(A)''; and - (ii) by adding at the end the following new - subparagraph: - ``(C) Notification required for extensions.--For - purposes of this paragraph, an extension requested or - issued under paragraph (2)(B) shall be treated in the - same manner as a waiver requested or issued under this - section.''; - (3) by redesignating subsection (c) as subsection (d); and - (4) by inserting after subsection (b) the following new + ``(C) Notification required for extensions.--For purposes + of this paragraph, an extension requested or issued under + paragraph (2)(B) shall be treated in the same manner as a + waiver requested or issued under this subsection.''; + (C) by redesignating subsection (c) as subsection (d); and + (D) by inserting after subsection (b) the following new subsection: ``(c) Report.-- - ``(1) In general.--Not later than 10 days after the date of - the conclusion of the voyage of a vessel that, during such - voyage, operated under a waiver issued under this section, the - owner or operator of the vessel shall submit to the Maritime - Administrator a report that includes-- - ``(A) the name and flag of the vessel; - ``(B) the dates of the voyage; - ``(C) any relevant ports of call; and - ``(D) any other information the Maritime - Administrator determines necessary. - ``(2) Publication.--Not later than 48 hours after receiving - a report under paragraph (1), the Maritime Administrator shall - publish such report on an appropriate website of the Department - of Transportation.''. - (b) Applicability.--The amendments made by this section shall apply -with respect to waivers issued after the date of the enactment of this -Act. - + ``(1) In general.--Not later than 10 days after the date of the + conclusion of the voyage of a vessel that, during such voyage, + operated under a waiver issued under this section, the owner or + operator of the vessel shall submit to the Maritime Administrator a + report that includes-- + ``(A) the name and flag of the vessel; + ``(B) the dates of the voyage; + ``(C) any relevant ports of call; and + ``(D) any other information the Maritime Administrator + determines necessary. + ``(2) Publication.--Not later than 48 hours after receiving a + report under paragraph (1), the Maritime Administrator shall + publish such report on an appropriate website of the Department of + Transportation.''. + (2) Applicability.--The amendments made by paragraph (1) shall + apply with respect to waivers issued after the date of the + enactment of this Act. + (b) Foreign Vessel Charters for Passenger Vessels.--For fiscal year +2020 and each subsequent fiscal year, the Maritime Administrator shall +make publicly available on an appropriate website of the Maritime +Administration-- + (1) a detailed summary of each request for a determination, + approval, or confirmation that a vessel charter for a passenger + vessel is encompassed by the general approval of time charters + issued pursuant to section 56101 of title 46, United States Code, + or regulations prescribed pursuant to such section; and + (2) the final action of the Administration with respect to such + request, after the provision of notice and opportunity for public + comment. +SEC. 3503. SUPERINTENDENT OF THE UNITED STATES MERCHANT MARINE ACADEMY. + (a) Sense of Congress.--It is the sense of Congress that, due to +the unique mission of the United States Merchant Marine Academy, it is +highly desirable that the Superintendent of the Academy be a graduate +of the Academy in good standing and have attained an unlimited merchant +marine officer's license. + (b) Qualifications of Superintendent.--Section 51301(c)(2) of title +46, United States Code, is amended-- + (1) in subparagraph (A)(i), by inserting after ``attained'' the + following ``the rank of Captain, Chief Mate, or Chief Engineer in + the merchant marine of the United States, or''; and + (2) in subparagraphs (B)(i)(I) and (C)(i), by inserting + ``merchant marine,'' before ``Navy,''. +SEC. 3504. ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND TERMINALS. + Section 50302 of title 46, United States Code, is amended-- + (1) in subsection (c)-- + (A) in paragraph (2)-- + (i) in the matter preceding subparagraph (A), by + inserting ``or subsection (d)'' after ``this subsection''; + and + (ii) in subparagraph (G), by inserting ``, including + the owners or operators of a facility, or collection of + facilities at a port'' after ``private entities''; + (B) in paragraph (5)-- + (i) in subparagraph (A), by inserting ``or subsection + (d)'' after ``this subsection''; + (ii) in subparagraph (B)-- + + (I) by striking ``60'' and inserting ``90''; and + (II) by inserting ``or subsection (d)'' after + ``this subsection''; + + (C) in paragraph (6), by striking subparagraph (C); + (D) in paragraph (7)-- + (i) in subparagraph (B)-- + + (I) by striking ``25 percent'' and inserting ``18 + percent''; and + (II) by striking ``paragraph (3)(A)'' and all that + follows through the period at the end of clause (ii) + and inserting ``subsection (d). The requirement under + paragraph (6)(A)(ii) shall not apply to grants made + under subsection (d).''; and + + (ii) by striking subparagraph (C) and inserting the + following: + ``(C) Development phase activities.--Of the amounts made + available for grants under this section for a fiscal year-- + ``(i) not more than 10 percent may be used to make + grants for development phase activities under paragraph + (3)(B); and + ``(ii) not more than 10 percent may be used to make + grants for development phase activities under subsection + (d)(3)(A)(ii)(III).''; + (E) in paragraph (8)-- + (i) in subparagraph (A)-- + + (I) by inserting ``or subsection (d)'' after ``this + subsection'' the first place it appears; and + (II) by striking ``a project under this + subsection'' and inserting ``the project for which the + grant is requested''; + + (ii) in subparagraph (B)-- + + (I) in clause (i) by striking ``under this + subsection'' and inserting ``under this subsection or + subsection (d)''; and + (II) in clause (ii) by inserting ``for which a + grant is awarded under subsection (d) or that is'' + after ``project''; and + + (F) in paragraph (9), by inserting ``for grants made under + this subsection and subsection (d)'' after ``procedures''; + (G) in paragraph (10), by inserting ``or subsection (d)'' + after ``this subsection''; + (H) in paragraph (11)-- + (i) in subparagraph (A)-- + + (I) by striking ``under this subsection'' and + inserting ``to make grants for port development under + this section''; and + (II) by striking ``to carry out this subsection'' + and inserting ``to make grants for port development + under this section''; + + (ii) in subparagraph (B)-- + + (I) in clause (i), by striking ``for carrying out + this subsection'' and inserting ``to make grants for + port development under this section''; and + (II) in clause (ii)-- + + (aa) by striking ``under this subsection'' and + inserting ``for port development under this + section''; + (bb) by inserting ``or that are returned under + paragraph (9)(C)'' after ``the award''; and + (cc) by adding at the end the following new + sentence: ``Any such amount may only be expended to + award a grant under the same subsection of this + section under which the original grant was made.''; + and + (I) in paragraph (12)-- + (i) by inserting ``and subsection (d)'' after ``this + subsection''; and + (ii) by striking subparagraph (A) and redesignating + subparagraphs (B) through (D) as subparagraphs (A) through + (C), respectively; + (2) by redesignating subsection (d) as subsection (e); + (3) by inserting after subsection (c) the following new + subsection (d): + ``(d) Assistance for Small Inland and Coastal Ports and +Terminals.-- + ``(1) In general.--From amounts reserved under subsection + (c)(7)(B), the Secretary, acting through the Administrator of the + Maritime Administration, shall make grants under this subsection to + eligible applicants for eligible projects at a port, to and from + which the average annual tonnage of cargo for the immediately + preceding 3 calendar years from the time an application is + submitted is less than 8,000,000 short tons, as determined using + United States Army Corps of Engineers data or data provided by an + independent audit the findings of which are acceptable to the + Secretary. + ``(2) Awards.--In providing assistance under this subsection, + the Secretary shall-- + ``(A) take into account-- + ``(i) the economic advantage and the contribution to + freight transportation at a port; and + ``(ii) the competitive disadvantage of such a port; + ``(B) not make more than 1 award per applicant under this + subsection for each fiscal year appropriation; and + ``(C) take into consideration the degree to which a project + would promote the enhancement and efficiencies of a port. + ``(3) Use of funds.-- + ``(A) In general.--Assistance provided under this + subsection may be used for a project that-- + ``(i) is-- + + ``(I) within the boundary of a port; or + ``(II) outside the boundary of a port, but is + directly related to port operations or to an intermodal + connection to a port; and + + ``(ii) for-- + + ``(I) making capital improvements, including to + piers, wharves, docks, terminals, and similar + structures used principally for the movement of goods; + ``(II) acquiring, improving, repairing, or + maintaining transportation or physical infrastructure, + buildings, or equipment; + ``(III) performing development phase activities + described in subsection (c)(3)(B) related to carrying + out an activity described in this clause; and + ``(IV) otherwise fulfilling the purposes for which + such assistance is provided. + + ``(B) Acquisition methods.--The Secretary may not require + as a condition of issuing a grant under this subsection-- + ``(i) direct ownership of either a facility or + equipment to be procured using funds awarded under this + subsection; or + ``(ii) that equipment procured using such funds be new. + ``(4) Prohibited uses.--Funds provided under this subsection + may not be used for-- + ``(A) projects conducted on property outside the boundary + of a port unless such property is directly related to port + operations or to an intermodal connection to a port; + ``(B) any single grant award more than 10 percent of total + allocation of funds to carry out this subsection per fiscal + year appropriation; or + ``(C) activities, including channel improvements or harbor + deepening that is part of a Federal channel or an access + channel associated with a Federal channel, authorized, as of + the date of the application for assistance under this + subsection, to be carried out by of the United States Army + Corps of Engineers. + ``(5) Matching requirements.-- + ``(A) In general.--Any costs of the project to be paid by + the recipient's matching share pursuant to subsection (c)(8)(B) + may-- + ``(i) be incurred prior to the date on which assistance + is provided; and + ``(ii) include a loan agreement, a commitment from + investors, cash on balance sheet, or other contributions + determined acceptable by the Secretary. + ``(B) Determination of effectiveness.--In determining + whether a project meets the criteria under clauses (i), (iii), + (iv), (v), and (vi) of subsection (c)(6)(A), the Secretary + shall accept documentation used to obtain a commitment of the + matching funds covered by this paragraph, including feasibility + studies, business plans, investor prospectuses, loan + applications, or similar documentation.''; and + (4) in subsection (e)(3), as so redesignated-- + (A) by inserting ``or subsection (d)'' after ``subsection + (c)''; and + (B) by striking ``to port authorities or commissions or + their subdivisions and agents'' and inserting ``to any eligible + applicants as described in subsection (c)(2)''. SEC. 3505. MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF PROGRAM. - (a) In General.--Chapter 503 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 50308. Maritime transportation system emergency relief program - ``(a) Definitions.--In this section the following definitions shall -apply: - ``(1) Eligible state entity.--The term `eligible State - entity' means a port authority, or a State-owned or -operated - vessel and facilities associated with the operation of such - vessel, in any State. - ``(2) Eligible entity.--The term `eligible entity' means a - public or private entity that is created or organized in the - United States or under the laws of the United States, with - significant operations in and a majority of its employees based - in the United States, that is engaged in-- - ``(A) vessel construction, transportation by water, - or support activities for transportation by water with - an assigned North American Industry Classification - System code beginning with 3366, 483, or 4883; or - ``(B) as determined by the Secretary of - Transportation-- - ``(i) construction related to activities - described in subparagraph (A); or - ``(ii) maritime education and training. - ``(3) Eligible operating costs.--The term `eligible - operating costs' means costs relating to-- - ``(A) emergency response; - ``(B) cleaning; - ``(C) sanitization; - ``(D) janitorial services; - ``(E) staffing; - ``(F) workforce retention; - ``(G) paid leave; - ``(H) procurement and use of protective health - equipment, testing, and training for employees and - contractors; - ``(I) debt service payments; - ``(J) infrastructure repair projects; and - ``(K) other maritime transportation system - operations; - ``(4) Emergency.--The term `emergency' means a natural - disaster affecting a wide area (such as a flood, hurricane, - tidal wave, earthquake, severe storm, or landslide) or a - catastrophic failure from any external cause, that impacts the - United States maritime transportation system and as a result of - which-- - ``(A) the Governor of a State has declared an - emergency and the Maritime Administrator, in - consultation with the Administrator of the Federal - Emergency Management Administration, has concurred in - the declaration; - ``(B) the President has declared a major disaster - under section 401 of the Robert T. Stafford Disaster - Relief and Emergency Assistance Act (42 U.S.C. 5170); - ``(C) national emergency declared by the President - under the National Emergencies Act (50 U.S.C. 1601 et - seq.) is in effect; or - ``(D) a public health emergency declared pursuant - to section 319 of the Public Health Service Act (42 - U.S.C. 247d) is in effect. - ``(b) General Authority.--The Maritime Administrator may-- - ``(1) make grants to eligible State entities for eligible - operating costs; and - ``(2) make grants and enter into contracts and other - agreements with eligible entities for-- - ``(A) the costs of capital projects to protect, - repair, reconstruct, or replace equipment and - facilities of the United States maritime transportation - system that the Maritime Administrator determines is in - danger of suffering serious physical damage, or has - suffered serious physical damage, as a result of an - emergency; and - ``(B) eligible operating costs of United States - maritime transportation equipment and facilities in an - area directly affected by an emergency during-- - ``(i) the 1-year period beginning on the - date of a declaration described in subsections - (a)(4)(A) and (a)(4)(B); and - ``(ii) an additional 1-year period - beginning 1 year after the date of a - declaration described in subsections (a)(4)(A) - and (a)(4)(B), if the Maritime Administrator, - in consultation with the Administrator of the - Federal Emergency Management Administration, - determines there is a compelling need arising - out of the emergency for which the declaration - is made. - ``(c) Allocation.--The Maritime Administrator shall determine an -appropriate method for the equitable allocation and distribution of -funds under this section to eligible State entities and eligible -entities. - ``(d) Applications.--An applicant for assistance under this section + ``(a) General Authority.--The Maritime Administrator may make +grants to, and enter into contracts and agreement with, eligible State +and Tribal entities and eligible entities for-- + ``(1) the costs of capital projects to protect, repair, + reconstruct, or replace equipment and facilities of the United + States maritime transportation system that the Maritime + Administrator determines is in danger of suffering serious physical + damage, or has suffered serious physical damage, as a result of an + emergency; and + ``(2) eligible operating costs of United States maritime + transportation equipment and facilities in an area directly + affected by an emergency during-- + ``(A) the one-year period beginning on the date of a + declaration of an emergency referred to in subparagraph (A) or + (B) of subsection (j)(4); and + ``(B) an additional one-year period beginning one year + after the date of an emergency referred to in subparagraph (A) + or (B) of subsection (j)(4), if the Maritime Administrator, in + consultation with the Administrator of the Federal Emergency + Management Administration, determines there is a compelling + need arising out of the emergency for which the declaration is + made. + ``(b) Allocation.-- + ``(1) In general.--The Maritime Administrator shall determine + an appropriate method for the equitable allocation and distribution + of funds under this section to eligible State and Tribal entities + and eligible entities. + ``(2) Priority.--To the extent practicable, in allocating and + distributing funds under this section, the Maritime Administrator + shall give priority to applications submitted by eligible State or + Tribal entities. + ``(c) Applications.--An applicant for assistance under this section shall submit an application for such assistance to the Maritime Administrator at such time, in such manner, and containing such information and assurances as the Maritime Administrator may require. - ``(e) Coordination of Emergency Funds.-- - ``(1) Use of funds.--Funds appropriated to carry out this - section shall be in addition to any other funds available under - this chapter. - ``(2) No effect on other government activity.--The - provision of funds under this section shall not affect the - ability of any other agency of the Government, including the - Federal Emergency Management Agency, or a State agency, a local - governmental entity, organization, or person, to provide any - other funds otherwise authorized by law. - ``(f) Grant Requirements.--A grant awarded under this section that -is made to address an emergency defined under subsection (a)(4)(B) + ``(d) Coordination of Emergency Funds.-- + ``(1) Use of funds.--Funds appropriated to carry out this + section shall be in addition to any other funds available under + this chapter. + ``(2) No effect on other government activity.--The provision of + funds under this section shall not affect the ability of any other + agency of the Government, including the Federal Emergency + Management Agency, or a State agency, a local governmental entity, + organization, or person, to provide any other funds otherwise + authorized by law. + ``(e) Grant Requirements.--A grant awarded under this section that +is made to address an emergency referred to in subsection (j)(4)(B) shall be-- - ``(1) subject to the terms and conditions the Maritime - Administrator determines are necessary; and - ``(2) made only for expenses that are not reimbursed under - the Robert T. Stafford Disaster Relief and Emergency Assistance - Act (42 U.S.C. 5121 et seq.) or any Federal, State, or local - assistance program. - ``(g) Federal Share of Costs.--The Federal share payable of the + ``(1) subject to the terms and conditions the Maritime + Administrator determines are necessary; + ``(2) made only for expenses that are not reimbursed under the + Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 + U.S.C. 5121 et seq.) or any Federal, State, or local assistance + program; and + ``(3) made only for expenses that are not reimbursed under any + type of marine insurance. + ``(f) Federal Share of Costs.--The Federal share payable of the costs for which a grant is made under this section shall be 100 percent. - ``(h) Administrative Costs.--Of the amounts available to carry out -this section, not more than one-half of one percent may be used for -administration of this section. - ``(i) Quality Assurance.--The Maritime Administrator shall + ``(g) Administrative Costs.--Of the amounts available to carry out +this section, not more than two percent may be used for administration +of this section. + ``(h) Quality Assurance.--The Maritime Administrator shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for the distribution of funds under this section. - ``(j) Reports.--The Maritime Administrator shall annually report to -the Congress regarding financial assistance provided under this -section, including a description of such assistance.''. + ``(i) Reports.--On an annual basis, the Maritime Administrator +shall submit to the Committee on Commerce, Science, and Transportation +of the Senate and the Committee on Transportation and Infrastructure of +the House of Representatives a report on the financial assistance +provided under this section during the year covered by the report. Each +such report shall include, for such year, a description of such +assistance provided and of how such assistance-- + ``(1) affected the United States maritime transportation + system; + ``(2) mitigated the financial impact of the emergency on the + recipient of the assistance; and + ``(3) protected critical infrastructure in the United States. + ``(j) Definitions.--In this section: + ``(1) Eligible state or tribal entity.--The term `eligible + State or Tribal entity' means-- + ``(A) a port authority; or + ``(B) a vessel owned and operated by a State or Tribal + government and facilities associated with the operation of such + vessel. + ``(2) Eligible entity.--The term `eligible entity' means a + public or private entity that is created or organized in the United + States or under the laws of the United States, with significant + operations in and a majority of its employees based in the United + States, that is engaged in-- + ``(A) vessel construction, transportation by water, or + support activities for transportation by water with an assigned + North American Industry Classification System code beginning + with 3366, 483, 4883, or 6113, or in the case of such + construction, transportation, or support activities conducted + by a fish processing vessel, such an assigned code beginning + with 3117; or + ``(B) as determined by the Secretary of Transportation-- + ``(i) construction or water transportation related to + activities described in subparagraph (A); or + ``(ii) maritime education and training. + ``(3) Eligible operating costs.--The term `eligible operating + costs' means costs relating to-- + ``(A) emergency response; + ``(B) cleaning; + ``(C) sanitization; + ``(D) janitorial services; + ``(E) staffing; + ``(F) workforce retention; + ``(G) paid leave; + ``(H) procurement and use of protective health equipment, + testing, and training for employees and contractors; + ``(I) debt service payments; + ``(J) infrastructure repair projects; + ``(K) fuel; and + ``(L) other maritime transportation system operations, as + determined by the Secretary of Transportation; + ``(4) Emergency.--The term `emergency' means a natural disaster + affecting a wide area (such as a flood, hurricane, tidal wave, + earthquake, severe storm, or landslide) or a catastrophic failure + from any external cause, that impacts the United States maritime + transportation system and as a result of which-- + ``(A) the Governor of a State has declared an emergency and + the Maritime Administrator, in consultation with the + Administrator of the Federal Emergency Management + Administration, has concurred in the declaration; + ``(B) the President has declared a major disaster under + section 401 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5170); + ``(C) national emergency declared by the President under + the National Emergencies Act (50 U.S.C. 1601 et seq.) is in + effect; or + ``(D) a public health emergency declared pursuant to + section 319 of the Public Health Service Act (42 U.S.C. 247d) + is in effect.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``50308. Port development; maritime transportation system emergency - relief program.''. + relief program.''. + (c) Inclusion of COVID-19 Pandemic Public Health Emergency.--For -purposes of section 50308 of title 46, United States Code, as amended -by subsection (a), the public health emergency declared pursuant to +purposes of section 50308 of title 46, United States Code, as added by +subsection (a), the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID-19 pandemic shall be treated as an emergency. - -SEC. 3506. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE - TRAINING AND EDUCATION: TECHNICAL AMENDMENTS. - +SEC. 3506. SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER SECURITY +FLEET VESSELS. + Section 51307 of title 46, United States Code, is amended by +striking subsection (b) and inserting the following: + ``(b) Sea Year Cadets on Cable Security Fleet and Tanker Security +Fleet Vessels.--The Secretary shall require an operator of a vessel +participating in the Maritime Security Program under chapter 531 of +this title, the Cable Security Fleet under chapter 532 of this title, +or the Tanker Security Fleet under chapter 534 of this title to carry +on each Maritime Security Program vessel, Cable Security Fleet vessel, +or Tanker Security Fleet vessel 2 United States Merchant Marine Academy +cadets, if available, on each voyage.''. +SEC. 3507. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE +TRAINING AND EDUCATION: TECHNICAL AMENDMENTS. (a) Redesignation and Transfer of Section.--Section 54102 of title 46, United States Code, is redesignated as section 51706 of such title and transferred to appear after section 51705 of such title. (b) Clerical Amendments.--Title 46, United States Code, is amended-- - (1) in the analysis for chapter 541, by striking the item - relating to section 54102; and - (2) in the analysis for chapter 517, by striking the item - relating to section 51705 and inserting the following: + (1) in the analysis for chapter 541, by striking the item + relating to section 54102; and + (2) in the analysis for chapter 517, by striking the item + relating to section 51705 and inserting the following: ``51705. Training for use of force against piracy. ``51706. Center of excellence for domestic maritime workforce training - and education.''. - -SEC. 3507. MERCHANT MARINER EDUCATION LOAN PROGRAM. - + and education.''. +SEC. 3508. MERCHANT MARINER TRAINING AND EDUCATION. (a) In General.--Chapter 517 of title 46, United States Code, as amended by this Act, is further amended by adding at the end the following: -``Sec. 51707. Merchant mariner career training loan program - ``(a) Establishment.--The Secretary of Transportation shall -establish the Elijah E. Cummings Merchant Mariner Career Training Loan -Program (in this section referred to as the `program') in accordance -with the requirements of this section. - ``(b) Purpose.--The purpose of the program shall be to make -merchant mariner career training loans available to eligible students -to provide for the training of United States merchant mariners, -including those working to receive a Standards of Training, -Certification and Watchkeeping endorsement under subchapter B of -chapter I of title 46, Code of Federal Regulations. - ``(c) Administration.--The program shall be carried out by the -Secretary, acting through the Administrator of the Maritime -Administration. - ``(d) Duties.--The Secretary shall-- - ``(1) allocate, on an annual basis, the award of loans - under the program based on the needs of students; - ``(2) develop an application process and eligibility - criteria for the award of loans under the program; - ``(3) approve applications for loans under the program - based on the eligibility criteria and allocations made under - paragraph (1); and - ``(4) designate maritime training institutions at which - loans made under the program may be used. - ``(e) Designation of Maritime Training Institutions.-- - ``(1) In general.--In designating maritime training - institutions under subsection (d)(4), the Secretary-- - ``(A) may include Federal, State, and commercial - training institutions and nonprofit training - organizations, including centers of excellence - designated under section 51706; - ``(B) shall designate institutions based on - geographic diversity and scope of classes offered; - ``(C) shall ensure that designated institutions - have the ability to administer the program; and - ``(D) shall ensure that designated institutions - meet requirements to provide training instruction for - appropriate Coast Guard-approved training instruction. - ``(2) Exclusions.--The Secretary-- - ``(A) may exclude from participation in the program - a maritime training institution that has had severe - performance deficiencies, including deficiencies - demonstrated by audits or program reviews conducted - during the 5 calendar years immediately preceding the - present year; - ``(B) shall exclude from participation in the - program a maritime training institution that has - delinquent or outstanding debts to the United States, - unless such debts are being repaid under or in - accordance with a repayment arrangement satisfactory to - the United States, or the Secretary in the Secretary's - discretion determines that the existence or amount of - any such debts has not been finally determined by the - appropriate Federal agency; - ``(C) may exclude from participation in the program - a maritime training institution that has failed to - comply with quality standards established by the - Department of Labor, the Coast Guard, or a State; and - ``(D) may establish such other criteria as the - Secretary determines will protect the financial - interest of the United States and promote the purposes - of this section. - ``(f) State Maritime Academies.-- - ``(1) Use of funds for loans to students attending state - maritime academies.--The Secretary may obligate not more than - 50 percent of the amounts appropriated to carry out this - section for a fiscal year for loans to undergraduate students - attending State maritime academies receiving assistance under - chapter 515 of this title. - ``(2) Academic standards for students.--Students at State - maritime academies receiving loans under the program shall - maintain satisfactory progress toward the completion of their - course of study as evidenced by the maintenance of a cumulative - C average, or its equivalent, or academic standing consistent - with the requirements for graduation, as determined by the - institution. - ``(g) Loan Amounts and Use.-- - ``(1) Maximum amounts.-- - ``(A) In general.--The Secretary may not make loans - to a student under the program in an amount that - exceeds $30,000 in a calendar year or $120,000 in the - aggregate. - ``(B) Adjustment for inflation.--The Secretary - shall, every 5 years for the life of a loan under the - program, adjust the maximum amounts described in - subparagraph (A) in accordance with any change in the - Consumer Price Index for All Urban Consumers published - by the Bureau of Labor Statistics of the Department of - Labor that occurs since the previous adjustment. - ``(2) Use of loan proceeds.--A student who receives a loan - under the program may use the proceeds of the loan only for - postsecondary expenses incurred at an institution designated by - the Secretary under subsection (d)(4) for books, tuition, - required fees, travel to and from training facilities, and room - and board. - ``(h) Student Eligibility.-- - ``(1) In general.--Subject to paragraph (2), to be eligible - to receive a loan under the program, a student shall-- - ``(A) be eligible to hold a license or merchant - mariner document issued by the Coast Guard; - ``(B) provide to the Secretary such information as - the Secretary may require, including all current Coast - Guard documents, certifications, proof of United States - citizenship or permanent legal status, and a statement - of intent to enter a maritime career; - ``(C) meet the enrollment requirements of a - maritime training institution designated by the - Secretary under subsection (d)(4); and - ``(D) sign an agreement to-- - ``(i) complete a course of instruction at - such a maritime training institution; and - ``(ii) maintain a license or document and - work under the authority of the license or - document and any associated endorsements for at - least 18 months following the date of - graduation from the maritime program for which - the loan proceeds will be used. - ``(2) Limitation.--An undergraduate student at the United - States Merchant Marine Academy shall not be eligible for a loan - under the program. - ``(i) Administration of Loans.-- - ``(1) Contents of loan agreements.--Any agreement between - the Secretary and a student borrower for a loan under the - program shall-- - ``(A) be evidenced by a note or other written - instrument that provides for the repayment of the - principal amount of the loan and any origination fee, - together with interest thereon, in equal installments - (or, if the student borrower so requests, in graduated - periodic installments determined in accordance with - such schedules as may be approved by the Secretary) - payable quarterly, bimonthly, or monthly, at the option - of the student borrower, over a period beginning 9 - months from the date on which the student borrower - completes study or discontinues attendance at the - maritime program for which the loans are used at the - institution approved by the Secretary and not exceeding - 10 years; - ``(B) include provision for acceleration of - repayment of the whole, or any part, of such loan, at - the option of the student borrower; - ``(C) provide the loan without security and without - endorsement; - ``(D) provide that the liability to repay the loan - shall be canceled upon the death of the student - borrower, or if the student borrower becomes - permanently and totally disabled, as determined in - accordance with regulations to be issued by the - Secretary; - ``(E) contain a notice of the system of disclosure - of information concerning default on such loan to - credit bureau organizations; and - ``(F) include provisions for deferral of repayment, - as determined by the Secretary. - ``(2) Rate of interest.--A student borrower who receives a - loan under the program shall be obligated to repay the loan - amount to the Secretary, together with interest beginning in - the period referred to in paragraph (1)(A), at a rate of - interest determined by the Secretary, in consultation with the - Secretary of Education, in accordance with section 455 of the - Higher Education Act of 1965 (20 U.S.C. 1087e). - ``(3) Disclosure required prior to disbursement.-- - ``(A) In general.--The Secretary shall at or prior - to the time the Secretary makes a loan to a student - borrower under the program, provide thorough and - adequate loan information on such loan to the student - borrower. The disclosures required by this paragraph - may be made as part of the written application material - provided to the student borrower, as part of the - promissory note evidencing the loan, or on a separate - written form provided to the student borrower. - ``(B) Contents.--The disclosures shall include-- - ``(i) the address to which communications - and payments should be sent; - ``(ii) the principal amount of the loan; - ``(iii) the amount of any charges collected - at or prior to the disbursal of the loan and - whether such charges are to be deducted from - the proceeds of the loan or paid separately by - the student borrower; - ``(iv) the stated interest rate on the - loan; - ``(v) the yearly and cumulative maximum - amounts that may be borrowed; - ``(vi) an explanation of when repayment of - the loan will be required and when the student - borrower will be obligated to pay interest that - accrues on the loan; - ``(vii) a statement as to the minimum and - maximum repayment term that the Secretary may - impose, and the minimum monthly payment - required by law and a description of any - penalty imposed as a consequence of default, - such as liability for expenses reasonably - incurred in attempts by the Secretary to - collect on a loan; - ``(viii) a statement of the total - cumulative balance, including the loan applied - for, owed by the student borrower to the - Secretary, and an estimate of the projected - monthly payment, given such cumulative balance; - ``(ix) an explanation of any special - options the student borrower may have for loan - consolidation or other refinancing of the loan; - ``(x) a statement that the student borrower - has the right to prepay all or part of the - loan, at any time, without penalty; - ``(xi) a statement summarizing - circumstances in which repayment of the loan or - interest that accrues on the loan may be - deferred, and a brief notice of the program for - repayment of loans, on the basis of military - service, pursuant to the Department of Defense - educational loan repayment program (10 U.S.C. - 16302); - ``(xii) a definition of default and the - consequences to the student borrower if the - student borrower defaults, together with a - statement that the disbursement of, and the - default on, a loan under this part shall be - reported to a credit bureau or credit reporting - agency; - ``(xiii) to the extent practicable, the - effect of accepting the loan on the eligibility - of the student borrower for other forms of - student assistance; and - ``(xiv) an explanation of any cost the - student borrower may incur in the making or - collection of the loan. - ``(C) Information to be provided without cost.--The - information provided under this paragraph shall be - available to the Secretary without cost to the student - borrower. - ``(4) Repayment after default.--The Secretary may require - any student borrower who has defaulted on a loan made under the - program to-- - ``(A) pay all reasonable collection costs - associated with such loan; and - ``(B) repay the loan pursuant to an income - contingent repayment plan. - ``(5) Authorization to reduce rates and fees.-- - Notwithstanding any other provision of this section, the - Secretary may prescribe by regulation any reductions in the - interest rate or origination fee paid by a student borrower of - a loan made under the program as the Secretary determines - appropriate to encourage ontime repayment of the loan. Such - reductions may be offered only if the Secretary determines the - reductions are cost neutral and in the best financial interest - of the United States. - ``(6) Collection of repayments.--The Secretary shall - collect repayments made under the program and exercise due - diligence in such collection, including maintenance of all - necessary records to ensure that maximum repayments are made. - Collection and servicing of repayments under the program shall - be pursued to the full extent of the law, including wage - garnishment if necessary. The Secretary of the Department in - which the Coast Guard is operating shall provide the Secretary - of Transportation with any information regarding a merchant - mariner that may aid in the collection of repayments under this - section. - ``(7) Repayment schedule.--A student borrower who receives - a loan under the program shall repay the loan quarterly, - bimonthly, or monthly, at the option of the student borrower, - over a period beginning 9 months from the date the student - borrower completes study or discontinues attendance at the - maritime program for which the loan proceeds are used and - ending not more than 10 years after the date repayment begins. - Provisions for deferral of repayment shall be determined by the - Secretary. - ``(8) Contracts for servicing and collection of loans.--The - Secretary may-- - ``(A) enter into a contract or other arrangement - with State or nonprofit agencies and, on a competitive - basis, with collection agencies for servicing and - collection of loans under this section; and - ``(B) conduct litigation necessary to carry out - this section. - ``(j) Revolving Loan Fund.-- - ``(1) Establishment.--The Secretary shall establish a - revolving loan fund consisting of amounts deposited in the fund - under paragraph (2). - ``(2) Deposits.--The Secretary shall deposit in the fund-- - ``(A) receipts from the payment of principal and - interest on loans made under the program; and - ``(B) any other monies paid to the Secretary by or - on behalf of individuals under the program. - ``(3) Availability of amounts.--Subject to the availability - of appropriations, amounts in the fund shall be available to - the Secretary-- - ``(A) to cover the administrative costs of the - program, including the maintenance of records and - making collections under this section; and - ``(B) to the extent that amounts remain available - after paying such administrative costs, to make loans - under the program. - ``(4) Maintenance of records.--The Secretary shall maintain - accurate records of the administrative costs referred to in - paragraph (3)(A). - ``(k) Annual Report.--The Secretary, on an annual basis, shall -submit to the Committee on Transportation and Infrastructure of the -House of Representatives and the Committee on Commerce, Science, and -Transportation of the Senate a report on the program, including-- - ``(1) the total amount of loans made under the program in - the preceding year; - ``(2) the number of students receiving loans under the - program in the preceding year; and - ``(3) the total amount of loans made under program that are - in default as of the date of the report. - ``(l) Authorization of Appropriations.--There are authorized to be -appropriated for each of fiscal years 2021 through 2026-- - ``(1) $10,000,000 for making loans under the program; and - ``(2) $1,000,000 for administrative expenses of the - Secretary in carrying out the program. -``Sec. 51708. Merchant mariner recruitment, training, and retention - grant program +``Sec. 51707. Merchant mariner recruitment, training, and retention + strategic plan ``(a) Strategic Plan.-- - ``(1) In general.--Not later than 1 year after the date of - enactment of this section, and at least once every 3 years - thereafter, the Secretary of Transportation, acting through the - Administrator of the Maritime Administration, shall publish in - the Federal Register a plan to recruit, train, and retain - merchant mariners for the 5-year period following the date of - publication of the most recently published plan under this - paragraph. - ``(2) Contents.--A plan published under paragraph (1) shall - contain-- - ``(A) a strategy to address merchant mariner - recruitment, training, and retention issues in the - United States; and - ``(B) demonstration and research priorities - concerning merchant mariner recruitment, training, and - retention. - ``(3) Factors.--In developing a plan under paragraph (1), - the Secretary shall take into account, at a minimum-- - ``(A) the availability of existing research (as of - the date of publication of the plan); and - ``(B) the need to ensure results that have broad - applicability. - ``(4) Consultation.--In developing a plan under paragraph - (1), the Secretary shall consult with representatives of the - maritime industry, labor organizations, including the Commander - of the Transportation Command and the Commander of the Military - Sealift Command, and other governmental entities and persons - with an interest in the maritime industry. - ``(5) Transmittal to congress.--The Secretary shall - transmit copies of a plan published under paragraph (1) to the - Committee on Transportation and Infrastructure of the House of - Representatives and the Committee on Commerce, Science, and - Transportation of the Senate. - ``(b) Demonstration and Research Projects.-- - ``(1) In general.--The Secretary may award grants to, or - enter into contracts or cooperative agreements with, a maritime - training institutions designated under section 51607(e) or a - consortium such institutions, to carry out demonstration and - research projects that implement the priorities identified in - the plan prepared under subsection (a)(1), for the purpose of - recruiting, training, or retaining United States merchant - mariners. - ``(2) Competitive awards.--Grants shall be awarded. and - contracts and cooperative agreements shall be entered into, - under this subsection on a competitive basis under guidelines - and requirements to be established by the Secretary. - ``(3) Applications.--To be eligible to receive a grant or - enter into a contract or cooperative agreement under this - section for a project under this subsection, a maritime - training institution shall submit to the Secretary a proposal - that includes, at a minimum-- - ``(A) a description of the project; and - ``(B) a method for evaluating the effectiveness of - the project. - ``(4) Eligible projects.--Projects eligible for grants, - contracts, and cooperative agreements under this subsection-- - ``(A) shall carry out the demonstration and - research priorities included in the plan published - under subsection (a)(1); and - ``(B) may-- - ``(i) provide training to upgrade the - skills of United States merchant mariners, - including training to acquire a Standards of - Training, Certification and Watchkeeping - endorsement under subchapter B of chapter I of - title 46, Code of Federal Regulations; - ``(ii) promote the use of distance learning - that enables students to take courses through - the use of teleconferencing, the Internet, and - other media technology; - ``(iii) assist in providing services to - address merchant mariner recruitment and - training of youth residing in targeted high - poverty areas within empowerment zones and - enterprise communities; - ``(iv) implement partnerships with national - and regional organizations with special - expertise in developing, organizing, and - administering merchant mariner recruitment and - training services; - ``(v) design, develop, and test an array of - approaches to providing recruitment, training, - or retention services, including to one or more - targeted populations; - ``(vi) in conjunction with employers, - organized labor, other groups (such as - community coalitions), and Federal, State, or - local agencies, design, develop, and test - various training approaches in order to - determine effective practices; or - ``(vii) assist in the development and - replication of effective service delivery - strategies for the national maritime industry - as a whole. -``Sec. 51709. Authorization of appropriations - ``There are authorized to be appropriated for each of fiscal years -2021 through 2026-- - ``(1) $10,000,000 for making grants and entering into - cooperative agreements under sections 51707 and 51708; and - ``(2) $1,000,000 for administrative expenses of the - Secretary in carrying out such sections.''. + ``(1) In general.--Not later than one year after the date of + the enactment of this section, and at least once every five years + thereafter until the termination date under paragraph (6), the + Secretary of Transportation, acting through the Administrator of + the Maritime Administration, shall publish in the Federal Register + a plan to recruit, train, and retain merchant mariners for the + five-year period following the date of publication of the most + recently published plan under this paragraph. + ``(2) Contents.--A plan published under paragraph (1) shall + contain-- + ``(A) a strategy to address merchant mariner recruitment, + training, and retention issues in the United States; and + ``(B) demonstration and research priorities concerning + merchant mariner recruitment, training, and retention. + ``(3) Factors.--In developing a plan under paragraph (1), the + Secretary shall take into account, at a minimum-- + ``(A) the availability of existing research (as of the date + of publication of the plan); and + ``(B) the need to ensure results that have broad + applicability for the United States merchant marine workforce + development. + ``(4) Consultation.--In developing a plan under paragraph (1), + the Secretary shall consult with representatives of the maritime + industry, labor organizations, including the Commander of the + Transportation Command and the Commander of the Military Sealift + Command, and other governmental entities and stakeholders in the + maritime industry. + ``(5) Transmittal to congress.--The Secretary shall transmit + copies of any plan published under paragraph (1) to the Committee + on Transportation and Infrastructure of the House of + Representatives and the Committee on Commerce, Science, and + Transportation of the Senate. + ``(6) Termination date.--The requirement to publish a plan + under this paragraph shall terminate on the date that the + Administrator of the Maritime Administration determines that there + is an adequate number of United States mariners for sustained + strategic sealift.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: -``51707. Merchant mariner career training loan program. -``51708. Merchant mariner recruitment, training, and retention program. -``51709. Authorization of appropriations.''. - -SEC. 3508. ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND TERMINALS. - - Section 50302 of title 46, United States Code, is amended-- - (1) in subsection (c)-- - (A) in paragraph (2)-- - (i) by inserting ``and subsection (d)'' - after ``this subsection''; and - (ii) by adding at the end the following: - ``(H) In the case of a small project funded under - subsection (d), a private entity or group of - entities.''; - (B) in paragraph (6) by striking subparagraph (C); - (C) in paragraph (7)(B) by striking ``paragraph - (3)(A)'' and inserting ``subsection (d)''; - (D) in paragraph (8)(B)-- - (i) in clause (i) by striking ``under this - subsection'' and inserting ``under this - subsection and subsection (d)''; and - (ii) in clause (ii) by inserting ``under - subsection (d) or'' after ``project''; and - (E) in paragraph (11) by-- - (i) striking ``under this subsection'' and - inserting ``under this subsection and - subsection (d)'' each place such phrase - appears; and - (ii) striking ``fiscal year.'' and - inserting ``fiscal year, and shall be awarded - as grants under the subsection for which the - original grant was made.''; - (2) by redesignating subsection (d) as subsection (e); - (3) by inserting after subsection (c) the following: - ``(d) Assistance for Inland and Small Coastal Ports and -Terminals.-- - ``(1) In general.--Of amounts reserved under subsection - (c)(7)(B), the Secretary, acting through the Administrator of - the Maritime Administration, shall make grants under this - subsection-- - ``(A) to the owners or operators of a facility at a - port, as such term is defined in subsection (c), to and - from which the average annual tonnage of cargo for the - immediately preceding 3 calendar years from the time an - application is submitted is less than 8,000,000 short - tons as determined using Corps of Engineers data; and - ``(B) for infrastructure improvements, equipment - purchases, and capital investments at such a facility, - including piers, wharves, docks, terminals, and similar - structures used principally for the movement of goods, - including areas of land, water, or areas in proximity - to such structure that are necessary for the movement - of goods. - ``(2) Awards.--In providing assistance under this - subsection, the Secretary shall-- - ``(A) take into account-- - ``(i) the economic advantage and the - contribution to freight transportation at an - eligible facility; and - ``(ii) the competitive disadvantage of an - eligible facility; - ``(B) not make more than 1 award per applicant for - each fiscal year appropriation; and - ``(C) promote the enhancement and efficiencies of - an eligible facility. - ``(3) Use of funds.-- - ``(A) In general.--Assistance provided under this - subsection may be used to-- - ``(i) make capital improvements; - ``(ii) construct, improve, repair, or - maintain transportation or physical - infrastructure, buildings, equipment, or - facility security; - ``(iii) perform planning activities related - to carrying out an activity described in clause - (i); and - ``(iv) otherwise fulfill the purposes for - which such assistance is provided. - ``(B) Acquisition methods.--The Secretary may not - require as a condition of issuing a grant under this - subsection-- - ``(i) direct ownership of either a facility - or equipment to be procured using funds awarded - under this subsection; or - ``(ii) that equipment procured using such - funds be new. - ``(4) Prohibited uses.--Funds provided under this - subsection may not be used for-- - ``(A) projects conducted on property lying outside - port or terminal boundaries and not owned or leased by - the applicant; - ``(B) any single grant award more than 10 percent - of total allocation of funds to carry out this - subsection per fiscal year appropriation; or - ``(C) activities, including channel improvements or - harbor deepening, authorized, as of the date of the - application for assistance under this subsection, to be - carried out by of the Corps of Engineers. - ``(5) Matching requirements.-- - ``(A) In general.--The Secretary may not provide - assistance under this subsection unless the Secretary - determines that sufficient funding is available to meet - the matching requirements of subsection (c)(8). Any - costs of the project to be paid by the recipient's - matching share may be incurred prior to the date on - which assistance is provided. - ``(B) Inclusions.--For the purpose of making the - determination under subparagraph (A), funding may - include a loan agreement, a commitment from investors, - cash on balance sheet, or other contributions - determined acceptable by the Secretary. - ``(6) Application and award.-- - ``(A) Minimum standards for payment or - reimbursement.--Each application submitted shall - include a comprehensive description of-- - ``(i) the project; - ``(ii) the need for the project; - ``(iii) the methodology for implementing - the project; and - ``(iv) documentation of matching funds as - described in paragraph (5). - ``(B) Demonstration of effectiveness.--In - determining whether a project will achieve the purposes - for which such assistance is requested under this - subsection, the Secretary shall accept documentation - used to obtain a commitment of the matching funds - described in paragraph (5), including feasibility - studies, business plans, investor prospectuses, loan - applications, or similar documentation. - ``(C) Project approval required.--The Secretary may - not award a grant under this subsection unless the - Secretary determines that the-- - ``(i) project will be completed without - unreasonable delay; and - ``(ii) recipient has authority to carry out - the proposed project. - ``(7) Procedural safeguards, audits, and examinations.-- - ``(A) Procedural safeguards.--The Administrator - shall issue guidelines to establish appropriate - accounting, reporting, and review procedures to ensure - that-- - ``(i) assistance provided under this - subsection is used for the purposes for which - such assistance made available; and - ``(ii) grantees have properly accounted for - all expenditures of grant funds. - ``(B) Audits and examinations.--All grantees under - this subsection shall maintain such records as the - Administrator may require and make such records - available for review and audit by the Administrator. - ``(8) Limitation.--Not more than 10 percent of the funds - made available under subsection (c)(7)(B) may be used to the - planning and design of eligible projects described in paragraph - (3)(A)(iii). - ``(9) Definition of project.--In this subsection, the term - `project' has the meaning given such term in subsection (c).''. - -SEC. 3509. NATIONAL SHIPPER ADVISORY COMMITTEE. - - (a) In General.--Part B of subtitle IV of title 46, United States -Code, is amended by adding at the end the following: - - ``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE - -``Sec. -``42501. Definitions. -``42502. National Shipper Advisory Committee. -``42503. Administration. -``Sec. 42501. Definitions - ``In this chapter: - ``(1) Commission.--The term `Commission' means the Federal - Maritime Commission. - ``(2) Committee.--The term `Committee' means the National - Shipper Advisory Committee established by section 42502. -``Sec. 42502. National Shipper Advisory Committee - ``(a) Establishment.--There is established a National Shipper -Advisory Committee. - ``(b) Function.--The Committee shall advise the Federal Maritime -Commission on policies relating to the competitiveness, reliability, -integrity, and fairness of the international ocean freight delivery -system. - ``(c) Membership.-- - ``(1) In general.--The Committee shall consist of 24 - members appointed by the Commission in accordance with this - section. - ``(2) Expertise.--Each member of the Committee shall have - particular expertise, knowledge, and experience in matters - relating to the function of the Committee. - ``(3) Representation.--Members of the Committee shall be - appointed as follows: - ``(A) Twelve members shall represent entities who - import cargo to the United States using ocean common - carriers. - ``(B) Twelve members shall represent entities who - export cargo from the United States using ocean common - carriers. -``Sec. 42503. Administration - ``(a) Meetings.--The Committee shall, not less than once each year, -meet at the call of the Commission or a majority of the members of the -Committee. - ``(b) Employee Status.--A member of the Committee shall not be -considered an employee of the Federal Government by reason of service -on such Committee, except for the purposes of the following: - ``(1) Chapter 81 of title 5. - ``(2) Chapter 171 of title 28 and any other Federal law - relating to tort liability. - ``(c) Acceptance of Volunteer Services.--Notwithstanding any other -provision of law, a member of the Committee may serve on such committee -on a voluntary basis without pay. - ``(d) Status of Members.-- - ``(1) In general.--Except as provided in paragraph (2), - with respect to a member of the Committee whom the Commission - appoints to represent an entity or group-- - ``(A) the member is authorized to represent the - interests of the applicable entity or group; and - ``(B) requirements under Federal law that would - interfere with such representation and that apply to a - special Government employee (as defined in section - 202(a) of title 18), including requirements relating to - employee conduct, political activities, ethics, - conflicts of interest, and corruption, do not apply to - the member. - ``(2) Exception.--Notwithstanding subsection (b), a member - of the Committee shall be treated as a special Government - employee for purposes of the committee service of the member if - the member, without regard to service on the Committee, is a - special Government employee. - ``(e) Service on Committee.-- - ``(1) Solicitation of nominations.--Before appointing an - individual as a member of the Committee, the Commission shall - publish a timely notice in the Federal Register soliciting - nominations for membership on such Committee. - ``(2) Appointments.-- - ``(A) In general.--After considering nominations - received pursuant to a notice published under paragraph - (1), the Commission may appoint a member to the - Committee. - ``(B) Prohibition.--The Commission shall not seek, - consider, or otherwise use information concerning the - political affiliation of a nominee in making an - appointment to the Committee. - ``(3) Service at pleasure of the commission.--Each member - of the Committee shall serve at the pleasure of the Commission. - ``(4) Security background examinations.--The Commission may - require an individual to have passed an appropriate security - background examination before appointment to the Committee. - ``(5) Prohibition.--A Federal employee may not be appointed - as a member of the Committee. - ``(6) Terms.-- - ``(A) In general.--The term of each member of the - Committee shall expire on December 31 of the third full - year after the effective date of the appointment. - ``(B) Continued service after term.--When the term - of a member of the Committee ends, the member, for a - period not to exceed 1 year, may continue to serve as a - member until a successor is appointed. - ``(7) Vacancies.--A vacancy on the Committee shall be - filled in the same manner as the original appointment. - ``(8) Special rule for reappointments.--Notwithstanding - paragraphs (1) and (2), the Commission may reappoint a member - of a committee for any term, other than the first term of the - member, without soliciting, receiving, or considering - nominations for such appointment. - ``(f) Staff Services.--The Commission shall furnish to the -Committee any staff and services considered by the Commission to be -necessary for the conduct of the Committee's functions. - ``(g) Chair; Vice Chair.-- - ``(1) In general.--The Committee shall elect a Chair and - Vice Chair from among the committee's members. - ``(2) Vice chairman acting as chairman.--The Vice Chair - shall act as Chair in the absence or incapacity of, or in the - event of a vacancy in the office of, the Chair. - ``(h) Subcommittees and Working Groups.-- - ``(1) In general.--The Chair of the Committee may establish - and disestablish subcommittees and working groups for any - purpose consistent with the function of the Committee. - ``(2) Participants.--Subject to conditions imposed by the - Chair, members of the Committee may be assigned to - subcommittees and working groups established under paragraph - (1). - ``(i) Consultation, Advice, Reports, and Recommendations.-- - ``(1) Consultation.--Before taking any significant action, - the Commission shall consult with, and consider the - information, advice, and recommendations of, the Committee if - the function of the Committee is to advise the Commission on - matters related to the significant action. - ``(2) Advice, reports, and recommendations.--The Committee - shall submit, in writing, to the Commission its advice, - reports, and recommendations, in a form and at a frequency - determined appropriate by the Committee. - ``(3) Explanation of actions taken.--Not later than 60 days - after the date on which the Commission receives recommendations - from the Committee under paragraph (2), the Commission shall-- - ``(A) publish the recommendations on a public - website; and - ``(B) respond, in writing, to the Committee - regarding the recommendations, including by providing - an explanation of actions taken regarding the - recommendations. - ``(4) Submission to congress.--The Commission shall submit - to the Committee on Transportation and Infrastructure of the - House of Representatives and the Committee on Commerce, - Science, and Transportation of the Senate the advice, reports, - and recommendations received from the Committee under paragraph - (2). - ``(j) Observers.--The Commission may designate a representative -to-- - ``(1) attend any meeting of the Committee; and - ``(2) participate as an observer at such meeting. - ``(k) Termination.--The Committee shall terminate on September 30, -2029.''. - (b) Clerical Amendment.--The analysis for subtitle IV of title 46, -United States Code, is amended by inserting after the item related to -chapter 423 the following: - -``425. National Shipper Advisory Committee.................. 42501''. - -SEC. 3510. SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER SECURITY - FLEET VESSELS. - - Section 51307 of title 46, United States Code, is amended by -striking subsection (b) and inserting the following: - ``(b) Sea Year Cadets on Cable Security Fleet and Tanker Security -Fleet Vessels.--The Secretary shall require an operator of a vessel -participating in the Maritime Security Program under chapter 531 of -this title, the Cable Security Fleet under chapter 532 of this title, -or the Tanker Security Fleet under chapter 534 of this title to carry -on each Maritime Security Program vessel, Cable Security Fleet vessel, -or Tanker Security Fleet vessel 2 United States Merchant Marine Academy -cadets, if available, on each voyage.''. - -SEC. 3510A. SUPERINTENDENT OF THE UNITED STATES MERCHANT MARINE - ACADEMY. - - Section 51301(c) of title 46, United States Code, is amended-- - (1) by redesignating paragraphs (1) through (3) as - paragraphs (2) through (4), respectively; - (2) by inserting before paragraph (2), as so redesignated, - the following: - ``(1) Sense of congress.--It is the sense of Congress that, - due to the unique mission of the United States Merchant Marine - Academy, it is highly desirable that the Superintendent of the - Academy be a graduate of the Academy in good standing and have - attained an unlimited merchant marine officer's license.''; and - (3) in paragraph (3), as so redesignated-- - (A) in subparagraph (A)(i), by inserting after - ``attained'' the following ``the rank of Captain, Chief - Mate, or Chief Engineer in the merchant marine of the - United States, or''; and - (B) in subparagraphs (B)(i)(I) and (C)(i), by - inserting ``merchant marine,'' before ``Navy,''. - -SEC. 3510B. MARITIME ACADEMY INFORMATION. - - Not later than 1 year after the date of enactment of this title, -the Maritime Administrator shall make available on a public website -data, as available, on the following: - (1) The number of graduates from the United States Merchant - Marine Academy and each State Maritime Academy for the previous - 5 years. - (2) The number of graduates from the United States Merchant - Marine Academy and each State Maritime Academy for the previous - 5 years who have become employed in, or whose status qualifies - under, each of the following categories: - (A) Maritime Afloat. - (B) Maritime Ashore. - (C) Armed Forces of the United States. - (D) Non-maritime. - (E) Graduate studies. - (F) Unknown. - (3) The number of students at each State Maritime Academy - class receiving or who have received for the previous 5 years - funds under the student incentive payment program under section - 51509 of title 46, United States Code. - (4) The number of students described under paragraph (3) - who used partial student incentive payments who graduated - without an obligation under the program. - (5) The number of students described under paragraph (3) - who graduated with an obligation under the program. - -SEC. 3510C. MARINER LICENSING AND CREDENTIALING. - - (a) In General.--Except as provided in subsection (b) and subject -to subsection (c), for purposes of licensing and credentialing of -mariners, the Secretary of Homeland Security shall prescribe a tonnage -measurement as a small passenger vessel, as defined in section 2101 of -title 46, United States Code, for the M/V LISERON (United States -official number 971339) for purposes of applying the optional -regulatory measurement under section 14305 and under chapter 145 of -that title. - (b) Exception.--Subsection (a) shall not apply with respect to the -vessel referred to in such subsection if the length of the vessel -exceeds its length on the date of enactment of this Act. - (c) Restrictions.--The vessel referred to in subsection (a) is -subject to the following restrictions: - (1) The vessel may not operate outside the inland waters of - the United States, as established under section 151 of title - 33, United States Code, when carrying passengers for hire and - operating under subsection (a). - (2) The Secretary may issue a restricted credential as - appropriate for a licensed individual employed to serve on such - vessel under prescribed regulations. - -SEC. 3510D. NATIONAL SHIPPER ADVISORY COMMITTEE. - - (a) In General.--Part B of subtitle IV of title 46, United States -Code, is amended by adding at the end the following: - - ``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE - -``Sec. -``42501. Definitions. -``42502. National Shipper Advisory Committee. -``42503. Administration. -``Sec. 42501. Definitions - ``In this chapter: - ``(1) Commission.--The term `Commission' means the Federal - Maritime Commission. - ``(2) Committee.--The term `Committee' means the National - Shipper Advisory Committee established by section 42502. -``Sec. 42502. National Shipper Advisory Committee - ``(a) Establishment.--There is established a National Shipper -Advisory Committee. - ``(b) Function.--The Committee shall advise the Federal Maritime -Commission on policies relating to the competitiveness, reliability, -integrity, and fairness of the international ocean freight delivery -system. - ``(c) Membership.-- - ``(1) In general.--The Committee shall consist of 24 - members appointed by the Commission in accordance with this - section. - ``(2) Expertise.--Each member of the Committee shall have - particular expertise, knowledge, and experience in matters - relating to the function of the Committee. - ``(3) Representation.--Members of the Committee shall be - appointed as follows: - ``(A) Twelve members shall represent entities who - import cargo to the United States using ocean common - carriers. - ``(B) Twelve members shall represent entities who - export cargo from the United States using ocean common - carriers. -``Sec. 42503. Administration - ``(a) Meetings.--The Committee shall, not less than once each year, -meet at the call of the Commission or a majority of the members of the -Committee. - ``(b) Employee Status.--A member of the Committee shall not be -considered an employee of the Federal Government by reason of service -on such Committee, except for the purposes of the following: - ``(1) Chapter 81 of title 5. - ``(2) Chapter 171 of title 28 and any other Federal law - relating to tort liability. - ``(c) Acceptance of Volunteer Services.--Notwithstanding any other -provision of law, a member of the Committee may serve on such committee -on a voluntary basis without pay. - ``(d) Status of Members.-- - ``(1) In general.--Except as provided in paragraph (2), - with respect to a member of the Committee whom the Commission - appoints to represent an entity or group-- - ``(A) the member is authorized to represent the - interests of the applicable entity or group; and - ``(B) requirements under Federal law that would - interfere with such representation and that apply to a - special Government employee (as defined in section - 202(a) of title 18), including requirements relating to - employee conduct, political activities, ethics, - conflicts of interest, and corruption, do not apply to - the member. - ``(2) Exception.--Notwithstanding subsection (b), a member - of the Committee shall be treated as a special Government - employee for purposes of the committee service of the member if - the member, without regard to service on the Committee, is a - special Government employee. - ``(e) Service on Committee.-- - ``(1) Solicitation of nominations.--Before appointing an - individual as a member of the Committee, the Commission shall - publish a timely notice in the Federal Register soliciting - nominations for membership on such Committee. - ``(2) Appointments.-- - ``(A) In general.--After considering nominations - received pursuant to a notice published under paragraph - (1), the Commission may appoint a member to the - Committee. - ``(B) Prohibition.--The Commission shall not seek, - consider, or otherwise use information concerning the - political affiliation of a nominee in making an - appointment to the Committee. - ``(3) Service at pleasure of the commission.--Each member - of the Committee shall serve at the pleasure of the Commission. - ``(4) Security background examinations.--The Commission may - require an individual to have passed an appropriate security - background examination before appointment to the Committee. - ``(5) Prohibition.--A Federal employee may not be appointed - as a member of the Committee. - ``(6) Terms.-- - ``(A) In general.--The term of each member of the - Committee shall expire on December 31 of the third full - year after the effective date of the appointment. - ``(B) Continued service after term.--When the term - of a member of the Committee ends, the member, for a - period not to exceed 1 year, may continue to serve as a - member until a successor is appointed. - ``(7) Vacancies.--A vacancy on the Committee shall be - filled in the same manner as the original appointment. - ``(8) Special rule for reappointments.--Notwithstanding - paragraphs (1) and (2), the Commission may reappoint a member - of a committee for any term, other than the first term of the - member, without soliciting, receiving, or considering - nominations for such appointment. - ``(f) Staff Services.--The Commission shall furnish to the -Committee any staff and services considered by the Commission to be -necessary for the conduct of the Committee's functions. - ``(g) Chair; Vice Chair.-- - ``(1) In general.--The Committee shall elect a Chair and - Vice Chair from among the committee's members. - ``(2) Vice chairman acting as chairman.--The Vice Chair - shall act as Chair in the absence or incapacity of, or in the - event of a vacancy in the office of, the Chair. - ``(h) Subcommittees and Working Groups.-- - ``(1) In general.--The Chair of the Committee may establish - and disestablish subcommittees and working groups for any - purpose consistent with the function of the Committee. - ``(2) Participants.--Subject to conditions imposed by the - Chair, members of the Committee may be assigned to - subcommittees and working groups established under paragraph - (1). - ``(i) Consultation, Advice, Reports, and Recommendations.-- - ``(1) Consultation.--Before taking any significant action, - the Commission shall consult with, and consider the - information, advice, and recommendations of, the Committee if - the function of the Committee is to advise the Commission on - matters related to the significant action. - ``(2) Advice, reports, and recommendations.--The Committee - shall submit, in writing, to the Commission its advice, - reports, and recommendations, in a form and at a frequency - determined appropriate by the Committee. - ``(3) Explanation of actions taken.--Not later than 60 days - after the date on which the Commission receives recommendations - from the Committee under paragraph (2), the Commission shall-- - ``(A) publish the recommendations on a public - website; and - ``(B) respond, in writing, to the Committee - regarding the recommendations, including by providing - an explanation of actions taken regarding the - recommendations. - ``(4) Submission to congress.--The Commission shall submit - to the Committee on Transportation and Infrastructure of the - House of Representatives and the Committee on Commerce, - Science, and Transportation of the Senate the advice, reports, - and recommendations received from the Committee under paragraph - (2). - ``(j) Observers.--The Commission may designate a representative -to-- - ``(1) attend any meeting of the Committee; and - ``(2) participate as an observer at such meeting. - ``(k) Termination.--The Committee shall terminate on September 30, -2029.''. - (b) Clerical Amendment.--The analysis for subtitle IV of title 46, -United States Code, is amended by inserting after the item related to -chapter 423 the following: - -``425. National Shipper Advisory Committee.................. 42501''. +``51707. Merchant mariner recruitment, training, and retention strategic + plan.''. + + (c) Study and Report on Financial Assistance for Training Merchant +Mariners.-- + (1) Study required.--The Administrator of the Maritime + Administration, in coordination with the Secretary of Education, + the Secretary of Labor, and the Secretary of Veterans Affairs, + shall conduct a study to-- + (A) identify Federal financial assistance available for the + training of United States merchant mariners, including those + working to receive a Standards of Training, Certification and + Watchkeeping endorsement under subchapter B of chapter 1 of + title 46, Code of Federal Regulations; + (B) identify individuals eligible for assistance described + in subparagraph (A); and + (C) develop recommendations to improve licensed and + unlicensed merchant mariner access to assistance described in + subparagraph (A). + (2) Report and briefing.--Not later than 180 days after the + date of the enactment of this Act, the Administrator of the + Maritime Administration shall-- + (A) provide to Committee on Transportation and + Infrastructure of the House of Representatives and the + Committee on Commerce, Science, and Transportation of the + Senate a briefing on the results of the study required under + paragraph (1); and + (B) make such results publicly available on an appropriate + website. +SEC. 3509. PUBLICATION OF INFORMATION ABOUT STUDENTS AND RECENT +GRADUATES OF MARITIME ACADEMIES. + Not later than one year after the date of the enactment of this +Act, the Maritime Administrator shall make publicly available on an +appropriate website data, as available, on the following: + (1) The number of individuals who graduated from the United + States Merchant Marine Academy and from each State Maritime Academy + during the five-year period preceding the date of the enactment of + this Act. + (2) The number of such individuals who have become employed in, + or whose status qualifies under, each of the following categories: + (A) Maritime Afloat. + (B) Maritime Ashore. + (C) Armed Forces of the United States. + (D) Non-maritime. + (E) Graduate studies. + (F) Unknown. + (3) The number of students in each class at each State Maritime + Academy who are receiving as of the date of the enactment of this + Act, or who received during such five-year period, funds under the + student incentive payment program under section 51509 of title 46, + United States Code. + (4) The number of students described under paragraph (3) who + used partial student incentive payments and who graduated without + an obligation under such program. + (5) The number of students described under paragraph (3) who + graduated with an obligation under such program. +SEC. 3510. MARINER LICENSING AND CREDENTIALING FOR M/V LISERON. + (a) In General.--Except as provided in subsection (b) and subject +to subsection (c), for purposes of licensing and credentialing of +mariners, the Secretary of Homeland Security shall prescribe a tonnage +measurement as a small passenger vessel, as defined in section 2101 of +title 46, United States Code, for the M/V LISERON (United States +official number 971339) for purposes of applying the optional +regulatory measurement under section 14305 and under chapter 145 of +such title. + (b) Exception.--Subsection (a) shall not apply with respect to the +vessel referred to in such subsection if the length of the vessel +exceeds its length on the date of enactment of this Act. + (c) Restrictions.--The vessel referred to in subsection (a) is +subject to the following restrictions: + (1) The vessel may not operate outside the inland waters of the + United States, as established under section 151 of title 33, United + States Code, when carrying passengers for hire and operating under + subsection (a). + (2) The Secretary may issue a restricted credential as + appropriate for a licensed individual employed to serve on such + vessel under prescribed regulations. Subtitle B--Tanker Security Fleet SEC. 3511. TANKER SECURITY FLEET. - (a) In General.--Part C of subtitle V of title 46, United States -Code, is amended by inserting after chapter 531 the following new +Code, is amended by inserting after chapter 533 the following new chapter: - ``CHAPTER 532--TANKER SECURITY FLEET - -``53201. Definitions. -``53202. Establishment of the Tanker Security Fleet. -``53203. Vessel standards. -``53204. Award of operating agreements. -``53205. Effectiveness of operating agreements. -``53206. Obligations and rights under operating agreements. -``53207. Payments. -``53208. National security requirements. -``53209. Regulatory relief. -``53210. Special rule regarding age of participating Fleet vessels. -``53211. Regulations. -``53212. Authorization of appropriations. -``53213. Acquisition of Fleet vessels. -``Sec. 53201. Definitions + ``CHAPTER 534--TANKER SECURITY FLEET + +``53401. Definitions. +``53402. Establishment of the Tanker Security Fleet. +``53403. Award of operating agreements. +``53404. Effectiveness of operating agreements. +``53405. Obligations and rights under operating agreements. +``53406. Payments. +``53407. National security requirements. +``53408. Regulatory relief. +``53409. Special rule regarding age of participating Fleet vessels. +``53410. Regulations. +``53411. Authorization of appropriations. +``53412. Acquisition of Fleet vessels. + +``Sec. 53401. Definitions ``In this chapter: - ``(1) Foreign commerce.--The term `foreign commerce' - means-- - ``(A) commerce or trade between the United States, - its territories or possessions, or the District of - Columbia, and a foreign country; and - ``(B) commerce or trade between foreign countries - including trade between foreign ports in accordance - with normal commercial bulk shipping practices in such - a manner as will permit vessels of the United States - freely to compete with foreign-flag liquid bulk - carrying vessels in their operation or in competing - charters, subject to rules and regulations promulgated - by the Secretary of Transportation pursuant to this - chapter or subtitle. - ``(2) Participating fleet vessel.--The term `participating - Fleet vessel' means any tank vessel covered by an operating - agreement under this chapter on or after January 1, 2021. - ``(3) Person.--The term `person' includes corporations, - partnerships, and associations existing under, or authorized - by, laws of the United States, or any State, territory, - district, or possession thereof, or any foreign country. - ``(4) Tank vessel.--The term `tank vessel' has the meaning - that term has under section 2101. - ``(5) United states citizen trust.--The term `United States - citizen trust'-- - ``(A) means a trust for which-- - ``(i) each of the trustees is a citizen of - the United States; and - ``(ii) the application for documentation of - the vessel under chapter 121 includes an - affidavit of each trustee stating that the - trustee is not aware of any reason involving a - beneficiary of the trust that is not a citizen - of the United States, or involving any other - person who is not a citizen of the United - States, as a result of which the beneficiary or - other person would hold more than 25 percent of - the aggregate power to influence or limit the - exercise of the authority of the trustee with - respect to matters involving any ownership or - operation of the vessel that may adversely - affect the interests of the United States; - ``(B) does not include a trust for which any person - that is not a citizen of the United States has - authority to direct, or participate in directing, a - trustee for a trust in matters involving any ownership - or operation of the vessel that may adversely affect - the interests of the United States or in removing a - trustee without cause, either directly or indirectly - through the control of another person, unless the trust - instrument provides that persons who are not citizens - of the United States may not hold more than 25 percent - of the aggregate authority to so direct or remove a - trustee; and - ``(C) may include a trust for which a person who is - not a citizen of the United States holds more than 25 - percent of the beneficial interest in the trust. -``Sec. 53202. Establishment of the Tanker Security Fleet + ``(1) Foreign commerce.--The term `foreign commerce' means-- + ``(A) commerce or trade between the United States, its + territories or possessions, or the District of Columbia, and a + foreign country; and + ``(B) commerce or trade between foreign countries. + ``(2) Participating fleet vessel.--The term `participating + Fleet vessel' means any product tank vessel covered by an operating + agreement under this chapter on or after January 1, 2022, that-- + ``(A) meets the requirements of one of paragraphs (1) + through (4) of section 53402(b) of this title; and + ``(B) is no more than 20 years of age. + ``(3) Person.--The term `person' includes corporations, + partnerships, and associations existing under, or authorized by, + laws of the United States, or any State, territory, district, or + possession thereof, or any foreign country. + ``(4) Product tank vessel.--The term `product tank vessel' + means a double-hulled tank vessel capable of carrying + simultaneously more than 2 separated grades of refined petroleum + products. + ``(5) Program participant.--The term `program participant' + means an owner or operator of a vessel that enters into an + operating agreement covering a participating fleet vessel with the + Secretary under section 53403. + ``(6) Secretary.--The term `Secretary' means the Secretary of + Transportation, unless the context indicates otherwise. + ``(7) United states citizen trust.--The term `United States + citizen trust'-- + ``(A) means a trust for which-- + ``(i) each of the trustees is a citizen of the United + States; and + ``(ii) the application for documentation of the vessel + under chapter 121 of this title includes an affidavit of + each trustee stating that the trustee is not aware of any + reason involving a beneficiary of the trust that is not a + citizen of the United States, or involving any other person + who is not a citizen of the United States, as a result of + which the beneficiary or other person would hold more than + 25 percent of the aggregate power to influence or limit the + exercise of the authority of the trustee with respect to + matters involving any ownership or operation of the vessel + that may adversely affect the interests of the United + States; + ``(B) does not include a trust for which any person that is + not a citizen of the United States has authority to direct, or + participate in directing, a trustee for a trust in matters + involving any ownership or operation of the vessel that may + adversely affect the interests of the United States or in + removing a trustee without cause, either directly or indirectly + through the control of another person, unless the trust + instrument provides that persons who are not citizens of the + United States may not hold more than 25 percent of the + aggregate authority to so direct or remove a trustee; and + ``(C) may include a trust for which a person who is not a + citizen of the United States holds more than 25 percent of the + beneficial interest in the trust. +``Sec. 53402. Establishment of the Tanker Security Fleet ``(a) In General.--The Secretary of Transportation, in consultation with the Secretary of Defense, shall establish a fleet of active, -commercially viable, militarily useful, privately owned product tankers -to meet national defense and other security requirements and maintain a -United States presence in international commercial shipping. The fleet -shall consist of privately owned vessels of the United States for which -there are in effect operating agreements under this chapter, and shall -be known as the `Tanker Security Fleet' (hereinafter in this chapter -referred to as the `Fleet'). +commercially viable, militarily useful, privately owned product tank +vessels to meet national defense and other security requirements and +maintain a United States presence in international commercial shipping. +The fleet shall consist of privately owned vessels of the United States +for which there are in effect operating agreements under this chapter, +and shall be known as the `Tanker Security Fleet' (hereafter in this +chapter referred to as the `Fleet'). ``(b) Vessel Eligibility.--A vessel is eligible to be included in the Fleet if the vessel-- - ``(1) meets the requirements under paragraph (1), (2), (3), - or (4) of subsection (c); - ``(2) is operated (or in the case of a vessel to be - constructed, will be operated) in providing transportation in - United States foreign commerce; - ``(3) is self-propelled; - ``(4) is not more than 10 years of age on the date the - vessel is first included in the Fleet and not more than 25 - years of age at any time during which the vessel is included in - the Fleet; - ``(5) is determined by the Secretary of Defense to be - suitable for use by the United States for national defense or - military purposes in time of war or national emergency; - ``(6) is commercially viable, as determined by the - Secretary of Transportation; and - ``(7) is-- - ``(A) a vessel of the United States; or - ``(B) not a vessel of the United States, but-- - ``(i) the owner of the vessel has - demonstrated an intent to have the vessel - documented under chapter 121 if it is included - in the Fleet; and - ``(ii) at the time an operating agreement - is entered into under this chapter, the vessel - is eligible for documentation under chapter - 121. + ``(1) meets the requirements under paragraph (1), (2), (3), or + (4) of subsection (c); + ``(2) is operated (or in the case of a vessel to be + constructed, will be operated) in providing transportation in + United States foreign commerce; + ``(3) is self-propelled; + ``(4) is not more than 10 years of age on the date the vessel + is first included in the Fleet; + ``(5) is determined by the Secretary of Defense to be suitable + for use by the United States for national defense or military + purposes in time of war or national emergency; + ``(6) is commercially viable, as determined by the Secretary of + Transportation; and + ``(7) is-- + ``(A) a vessel of the United States; or + ``(B) not a vessel of the United States, but-- + ``(i) the owner of the vessel has demonstrated an + intent to have the vessel documented under chapter 121 of + this title if it is included in the Fleet; and + ``(ii) at the time an operating agreement is entered + into under this chapter, the vessel is eligible for + documentation under chapter 121 of this title. ``(c) Requirements Regarding Citizenship of Owners, Charterers, and Operators.-- - ``(1) Vessels owned and operated by section 50501 - citizens.--A vessel meets the requirements of this paragraph - if, during the period of an operating agreement under this - chapter that applies to the vessel, the vessel will be owned - and operated by one or more persons that are citizens of the - United States under section 50501. - ``(2) Vessels owned by a section 50501 citizen, or united - states citizen trust, and chartered to a documentation - citizen.--A vessel meets the requirements of this paragraph - if-- - ``(A) during the period of an operating agreement - under this chapter that applies to the vessel, the - vessel will be-- - ``(i) owned by a person that is a citizen - of the United States under section 50501 or - that is a United States citizen trust; and - ``(ii) demise chartered to a person-- - ``(I) that is eligible to document - the vessel under chapter 121; - ``(II) the chairman of the board of - directors, chief executive officer, and - a majority of the members of the board - of directors of which are citizens of - the United States under section 50501, - and are appointed and subjected to - removal only upon approval by the - Secretary; and - ``(III) that certifies to the - Secretary that there are no treaties, - statutes, regulations, or other laws - that would prohibit the owner or - operator for the vessel from performing - its obligations under an operating - agreement under this chapter; - ``(B) in the case of a vessel that will be demise - chartered to a person that is owned or controlled by - another person that is not a citizen of the United - States under section 50501, the other person enters - into an agreement with the Secretary not to influence - the operation of the vessel in a manner that will - adversely affect the interests of the United States; - and - ``(C) the Secretary of Transportation and the - Secretary of Defense notify the Committee on Armed - Services and the Committee on Commerce, Science, and - Transportation of the Senate and the Committee on Armed - Services and the Committee on Transportation and - Infrastructure of the House of Representatives that the - Secretaries concur with the certification required - under subparagraph (A)(ii)(III), and have reviewed and - agree that there are no legal, operational, or other - impediments that would prohibit the owner or operator - for the vessel from performing its obligations under an - operating agreement under this chapter. - ``(3) Vessels owned and operated by a defense owner or - operator.--A vessel meets the requirements of this paragraph - if-- - ``(A) during the period of an operating agreement - under this chapter that applies to the vessel, the - vessel will be owned and operated by a person that-- - ``(i) is eligible to document a vessel - under chapter 121; - ``(ii) operates or manages other vessels of - the United States for the Secretary of Defense, - or charters other vessels to the Secretary of - Defense; - ``(iii) has entered into a special security - agreement for the purpose of this paragraph - with the Secretary of Defense; - ``(iv) makes the certification described in - paragraph (2)(A)(ii)(III); and - ``(v) in the case of a vessel described in - paragraph (2)(B), enters into an agreement - referred to in that subparagraph; and - ``(B) the Secretary of Transportation and the - Secretary of Defense notify the Committee on Armed - Services and the Committee on Commerce, Science, and - Transportation of the Senate and the Committee on Armed - Services and the Committee on Transportation and - Infrastructure of the House of Representatives that - they concur with the certification required under - subparagraph (A)(iv), and have reviewed and agree that - there are no legal, operational, or other impediments - that would prohibit the owner or operator for the - vessel from performing its obligations under an - operating agreement under this chapter. - ``(4) Vessels owned by documentation citizens and chartered - to section 50501 citizens.--A vessel meets the requirements of - this paragraph if, during the period of an operating agreement - under this chapter, the vessel will be-- - ``(A) owned by a person who is eligible to document - a vessel under chapter 121; and - ``(B) demise chartered to a person that is a - citizen of the United States under section 50501. + ``(1) Vessels owned and operated by section 50501 citizens.--A + vessel meets the requirements of this paragraph if, during the + period of an operating agreement under this chapter that applies to + the vessel, the vessel will be owned and operated by one or more + persons that are citizens of the United States under section 50501 + of this title. + ``(2) Vessels owned by a section 50501 citizen, or united + states citizen trust, and chartered to a documentation citizen.--A + vessel meets the requirements of this paragraph if-- + ``(A) during the period of an operating agreement under + this chapter that applies to the vessel, the vessel will be-- + ``(i) owned by a person that is a citizen of the United + States under section 50501 of this title or that is a + United States citizen trust; and + ``(ii) demise chartered to a person-- + + ``(I) that is eligible to document the vessel under + chapter 121 of this title; + ``(II) the chairman of the board of directors, + chief executive officer, and a majority of the members + of the board of directors of which are citizens of the + United States under section 50501 of this title, and + are appointed and subjected to removal only upon + approval by the Secretary of Transportation; and + ``(III) that certifies to the Secretary of + Transportation that there are no treaties, statutes, + regulations, or other laws that would prohibit the + program participant for the vessel from performing its + obligations under an operating agreement under this + chapter; + + ``(B) in the case of a vessel that will be demise chartered + to a person that is owned or controlled by another person that + is not a citizen of the United States under section 50501 of + this title, the other person enters into an agreement with the + Secretary of Transportation not to influence the operation of + the vessel in a manner that will adversely affect the interests + of the United States; and + ``(C) the Secretary of Transportation and the Secretary of + Defense notify the Committee on Armed Services and the + Committee on Commerce, Science, and Transportation of the + Senate and the Committee on Armed Services and the Committee on + Transportation and Infrastructure of the House of + Representatives that the Secretaries concur with the + certification required under subparagraph (A)(ii)(III), and + have reviewed and agree that there are no legal, operational, + or other impediments that would prohibit the owner or operator + for the vessel from performing its obligations under an + operating agreement under this chapter. + ``(3) Vessels owned and operated by a defense contractor.--A + vessel meets the requirements of this paragraph if-- + ``(A) during the period of an operating agreement under + this chapter that applies to the vessel, the vessel will be + owned and operated by a person that-- + ``(i) is eligible to document a vessel under chapter + 121 of this title; + ``(ii) operates or manages other vessels of the United + States for the Secretary of Defense, or charters other + vessels to the Secretary of Defense; + ``(iii) has entered into a special security agreement + for the purpose of this paragraph with the Secretary of + Defense; + ``(iv) makes the certification described in paragraph + (2)(A)(ii)(III); and + ``(v) in the case of a vessel described in paragraph + (2)(B), enters into an agreement referred to in that + paragraph; and + ``(B) the Secretary of Transportation and the Secretary of + Defense notify the Committee on Armed Services and the + Committee on Commerce, Science, and Transportation of the + Senate and the Committee on Armed Services and the Committee on + Transportation and Infrastructure of the House of + Representatives that they concur with the certification + required under subparagraph (A)(iv), and have reviewed and + agree that there are no legal, operational, or other + impediments that would prohibit the program participant for the + vessel from performing its obligations under an operating + agreement under this chapter. + ``(4) Vessels owned by documentation citizens and chartered to + section 50501 citizens.--A vessel meets the requirements of this + paragraph if, during the period of an operating agreement under + this chapter, the vessel will be-- + ``(A) owned by a person who is eligible to document a + vessel under chapter 121 of this title; and + ``(B) demise chartered to a person that is a citizen of the + United States under section 50501 of this title. ``(d) Request by Secretary of Defense.--The Secretary of Defense -shall request that the Commandant of the Coast Guard issue any waiver -under section 501 that the Secretary of Defense determines is necessary -for purposes of this chapter. +shall request that the Secretary of Homeland Security issue any waiver +under section 501 of this title that the Secretary of Defense +determines is necessary for purposes of this chapter. ``(e) Vessel Standards.-- - ``(1) Certificate of inspection.--A vessel used to provide - oceangoing transportation that the Commandant of the Coast - Guard determines meets the criteria of subsection (b) but - which, on the date of enactment of this section, is not - documented under chapter 121, shall be eligible for a - certificate of inspection if the Commandant of the Coast Guard - determines that-- - ``(A) the vessel is classed by and designed in - accordance with the rules of the American Bureau of - Shipping, or another classification society accepted by - the Commandant of the Coast Guard; - ``(B) the vessel complies with applicable - international agreements and associated guidelines, as - determined by the country in which the vessel was - documented immediately before becoming documented under - chapter 121; and - ``(C) the country has not been identified by the - Commandant of the Coast Guard as inadequately enforcing - international vessel regulations as to that vessel. - ``(2) Reliance on classification society.-- - ``(A) In general.--The Commandant of the Coast - Guard may rely on a certification from the American - Bureau of Shipping or, subject to subparagraph (B), - another classification society accepted by the - Commandant of the Coast Guard, to establish that a - vessel is in compliance with the requirements of - paragraph (1). - ``(B) Foreign classification society.--The - Secretary may accept certification from a foreign - classification society under subparagraph (A) only-- - ``(i) to the extent that the government of - the foreign country in which the society is - headquartered provides access on a reciprocal - basis to the American Bureau of Shipping; and - ``(ii) if the foreign classification - society has offices and maintains records in - the United States. -``Sec. 53203. Vessel standards - ``(a) Certificate of Inspection.--A vessel used to provide -transportation service as a common carrier that the Secretary of -Transportation determines meets the criteria of section 53102(b), which -on the date of enactment of this section is not a documented vessel, -shall be eligible for a certificate of inspection if the Secretary -determines that-- - ``(1) the vessel is classed by and designed in accordance - with the rules of the American Bureau of Shipping or another - classification society accepted by the Secretary; - ``(2) the vessel complies with applicable international + ``(1) Certificate of inspection.--A vessel used to provide + oceangoing transportation the Secretary of the department in which + the Coast Guard is operating determines meets the criteria of + subsection (b) but which, on the date of enactment of this section, + is not documented under chapter 121, shall be eligible for a + certificate of inspection if the Secretary of the department in + which the Coast Guard is operating determines that-- + ``(A) the vessel is classed by and designed in accordance + with the rules of the American Bureau of Shipping, or another + classification society accepted by the Commandant of the Coast + Guard; + ``(B) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before - becoming a documented vessel (as defined in that section); and - ``(3) that country has not been identified by the Secretary - as inadequately enforcing international vessel regulations as - to that vessel. - ``(b) Continued Eligibility for Certificate.--Subsection (a) does -not apply to any vessel that has failed to comply with the applicable -international agreements and association guidelines referred to in -subsection (a)(2). - ``(c) Reliance on Classification Society.-- - ``(1) In general.--The Secretary may rely on a - certification from the American Bureau of Shipping or, subject - to paragraph (2), another classification society accepted by - the Secretary, to establish that a vessel is in compliance with - the requirements of subsections (a) and (b). - ``(2) Foreign classification society.--The Secretary may - accept certification from a foreign classification society - under paragraph (1) only-- - ``(A) to the extent that the government of the - foreign country in which the society is headquartered - provides access on a reciprocal basis to the American - Bureau of Shipping; and - ``(B) if the foreign classification society has - offices and maintains records in the United States. -``Sec. 53204. Award of operating agreements + becoming documented under chapter 121 of this title; and + ``(C) the country has not been identified by the Commandant + of the Coast Guard as inadequately enforcing international + vessel regulations as to that vessel. + ``(2) Continued eligibility for certificate.--Subsection (a) + shall not apply to any vessel that has failed to comply with the + applicable international agreements and associated guidelines + referred to in paragraph (1)(B). + ``(3) Reliance on classification society.-- + ``(A) In general.--The Commandant of the Coast Guard may + rely on a certification from the American Bureau of Shipping + or, subject to subparagraph (B), another classification society + accepted by the Commandant of the Coast Guard, to establish + that a vessel is in compliance with the requirements of + paragraph (1). + ``(B) Foreign classification society.--The Commandant of + the Coast Guard may accept certification from a foreign + classification society under subparagraph (A) only-- + ``(i) to the extent that the government of the foreign + country in which the society is headquartered provides + access on a reciprocal basis to the American Bureau of + Shipping; and + ``(ii) if the foreign classification society has + offices and maintains records in the United States. +``Sec. 53403. Award of operating agreements ``(a) In General.--The Secretary of Transportation shall require, -as a condition of including any vessel in the Fleet, that the owner or -operator of the vessel enter into an operating agreement with the +as a condition of including any vessel in the Fleet, that the program +participant of the vessel enter into an operating agreement with the Secretary under this section. ``(b) Procedure for Applications.-- - ``(1) Participating fleet vessels.-- - ``(A) In general.--The Secretary of Transportation - shall accept an application for an operating agreement - for a participating Fleet vessel under the priority - under paragraph (2) only from a person that has - authority to enter into an operating agreement under - this chapter. - ``(B) Vessel under demise charter.--For purposes of - subparagraph (A), in the case of a vessel that is - subject to a demise charter that terminates by its own - terms on September 30, 2035 (without giving effect to - any extension provided therein for completion of a - voyage or to effect the actual redelivery of the - vessel), or that is terminable at the will of the owner - of the vessel after such date, only the owner of the - vessel shall be treated as having the authority - referred to in subparagraph (A). - ``(C) Vessel owned by a united states citizen - trust.--For purposes of subparagraph (B), in the case - of a vessel owned by a United States citizen trust, the - term `owner of the vessel' includes the beneficial - owner of the vessel with respect to such trust. - ``(2) Discretion within priority.--The Secretary of - Transportation-- - ``(A) may award operating agreements under - paragraph (1) according to such priorities as the - Secretary considers appropriate; and - ``(B) shall award operating agreements within any - such priority-- - ``(i) in accordance with operational - requirements specified by the Secretary of - Defense; - ``(ii) in the case of operating agreements - awarded under subparagraph (B) of paragraph - (1), according to applicants' records of owning - and operating vessels; and - ``(iii) subject to approval of the - Secretary of Defense. - ``(c) Limitation.--For any fiscal year, the Secretary may not award -operating agreements under this chapter that require payments under -section 53207 for more than 10 vessels. -``Sec. 53205. Effectiveness of operating agreements + ``(1) Eligible vessels.--The Secretary of Transportation shall + accept an application for an operating agreement for an eligible + product tank vessel under the priority under paragraph (2) only + from a person that has authority to enter into an operating + agreement under this chapter. + ``(2) Establishment of priority.--The Secretary of + Transportation may enter into a new operating agreement with an + applicant that meets the requirements of section 53402(c) for a + vessel that meets the qualifications of section 53402(b), and shall + give priority to applications based on-- + ``(A) vessel capabilities, as established by the Secretary + of Defense; then + ``(B) after consideration of vessel type, according to an + applicant's record of owning and operating vessels; then + ``(C) after consideration of ownership and operation, + according to such additional priorities as the Secretary of + Transportation may consider appropriate. + ``(3) Concurrence of award.--The Secretary of Transportation + may not approve an application for an operating agreement without + the concurrence of the Secretary of Defense. + ``(c) Limitation.--For any fiscal year, the Secretary of +Transportation may not award operating agreements under this chapter +that require payments under section 53406 of this title for more than +10 vessels. + ``(d) Judicial Review.--No court shall have jurisdiction to review +the Secretary's decision with respect to the award or non-award of an +operating agreement issued under this chapter. +``Sec. 53404. Effectiveness of operating agreements ``(a) In General.--Subject to the availability of appropriations -for such purpose, the Secretary of Transportation may enter into an -operating agreement under this chapter for fiscal year 2021 and any -subsequent fiscal year. Each such agreement may be renewed annually for -up to 7 years. - ``(b) Vessels Under Charter to the United States.--The owner or -operator of a vessel under charter to the United States is eligible to -receive payments pursuant to any operating agreement that covers such -vessel. +for such purpose, the Secretary may enter into an operating agreement +under this chapter for fiscal year 2022 and any subsequent fiscal year. +The agreement shall be effective only for 1 fiscal year, but shall be +renewable, subject to the availability of appropriations, for each +fiscal year through the end of fiscal year 2035. + ``(b) Vessels Under Charter to the United States.--The program +participant of a vessel under charter to the United States is eligible +to receive payments pursuant to any operating agreement that covers +such vessel. ``(c) Termination.-- - ``(1) Termination by secretary for lack of owner or - operator compliance.--If the owner or operator with respect to - an operating agreement materially fails to comply with the - terms of the agreement-- - ``(A) the Secretary shall notify the owner or - operator and provide a reasonable opportunity to comply - with the operating agreement; and - ``(B) the Secretary shall terminate the operating - agreement if the owner or operator fails to achieve - such compliance. - ``(2) Termination by owner or operator.-- - ``(A) In general.--If an owner or operator provides - notice of the intent to terminate an operating - agreement under this chapter by not later than 60 days - prior to the date specified by the owner or operator - for such termination, such agreement shall terminate on - the date specified by the owner or operator. - ``(B) Replacement.--An operating agreement with - respect to a vessel shall terminate on the date that is - three years after the date on which the vessel begins - operating under the agreement, if-- - ``(i) the owner or operator notifies the - Secretary, by not later than 2 years after the - date the vessel begins operating under the - agreement, that the owner or operator intends - to terminate the agreement under this - subparagraph; and - ``(ii) the Secretary of Transportation, in - coordination with the Secretary of Defense, - determines that-- - ``(I) an application for an - operating agreement under this chapter - has been received for a replacement - vessel that is acceptable to the - Secretaries; and - ``(II) during the period of an - operating agreement under this chapter - that applies to the replacement vessel, - the replacement vessel will be-- - ``(aa) owned and operated - by one or more persons that are - citizens of the United States - under section 50501; or - ``(bb) owned by a person - who is eligible to document the - vessel under chapter 121, and - operated by a person that is a - citizen of the United States - under section 50501. - ``(d) Nonrenewal for Lack of Funds.-- - ``(1) In general.--If sufficient funds are not made - available to carry out an operating agreement under this - chapter-- - ``(A) the Secretary of Transportation shall submit - to the Committee on Armed Services and the Committee on - Commerce, Science, and Transportation of the Senate and - the Committee on Armed Services and the Committee on - Transportation and Infrastructure of the House of - Representatives notice that such agreement shall be not - renewed effective on the 60th day of the fiscal year, - unless such funds are made available before such day; - and - ``(B) effective on the 60th day of such fiscal - year, terminate such agreement and provide notice of - such termination to the owner or operator of the vessel - covered by the agreement. - ``(2) Release of vessels from obligations.--If an operating - agreement for a vessel under this chapter is not renewed - pursuant to paragraph (1), then the owner or operator of the - vessel is released from any further obligation under the - operating agreement as of the date of such termination or - nonrenewal. - ``(3) Foreign transfer and registration.--The owner or - operator of a vessel covered by an operating agreement under - this chapter may transfer and register such vessel under a - foreign registry that is acceptable to the Secretary and the - Secretary of Defense, notwithstanding section 53201. - ``(4) Requisition.--If chapter 563 is applicable to a - vessel after registration, then the vessel is available to be - requisitioned by the Secretary pursuant to chapter 563. -``Sec. 53206. Obligations and rights under operating agreements + ``(1) Termination by secretary for lack of program participant + compliance.--If the program participant with respect to an + operating agreement materially fails to comply with the terms of + the agreement-- + ``(A) the Secretary shall notify the program participant + and provide a reasonable opportunity to comply with the + operating agreement; and + ``(B) the Secretary shall terminate the operating agreement + if the program participant fails to achieve such compliance. + ``(2) Termination by program participant.--If a program + participant provides notice of the intent to terminate an operating + agreement under this chapter on a date specified by not later than + 60 days prior to the date specified by the program participant for + such termination, such agreement shall terminate on the date + specified by the program participant. + ``(d) Nonrenewal for Lack of Funds.--If, by the first day of a +fiscal year, sufficient funds have not been appropriated under the +authority provided by this chapter for that fiscal year, then the +Secretary shall notify the Committee on Armed Services and the +Committee on Commerce, Science, and Transportation of the Senate and +the Committee on Armed Services and the Committee on Transportation and +Infrastructure of the House of Representatives that operating +agreements authorized under this chapter for which sufficient funds are +not available will not be renewed for that fiscal year if sufficient +funds are not appropriated by the 60th day of that fiscal year. + ``(e) Release of Vessels From Obligations.--If funds are not +appropriated for payments under an operating agreement under this +chapter for any fiscal year by the 60th day of that fiscal year, then-- + ``(1) each vessel covered by the operating agreement is thereby + released from any further obligation under the operating agreement; + ``(2) the program participant for the vessel may transfer and + register such vessel under a foreign registry that is acceptable to + the Secretary of Transportation and the Secretary of Defense, + notwithstanding section 56101 of this title; and + ``(3) if chapter 563 of this title is applicable to the vessel + after registration, then the vessel is available to be + requisitioned by the Secretary pursuant to chapter 563 of this + title. +``Sec. 53405. Obligations and rights under operating agreements ``(a) Operation of Vessel.--An operating agreement under this chapter shall require that, during the period the vessel covered by the agreement is operating under the agreement the vessel shall-- - ``(1) be operated in the United States foreign commerce, - mixed United States foreign commerce and domestic trade allowed - under a registry endorsement issued under section 12111, in - foreign-to-foreign commerce, or under a charter to the United - States; - ``(2) not be operated in the coastwise trade except as - described in paragraph (1); and - ``(3) be documented under chapter 121. - ``(b) Operating Agreement Is an Obligation of the United States -Government.--An operating agreement under this chapter constitutes a -contractual obligation of the United States Government to pay the -amounts provided for in the agreement to the extent of actual -appropriations. - ``(c) Obligations of Owner or Operator.-- - ``(1) In general.--The owner or operator of a vessel - covered by an operating agreement under this chapter shall - agree, as a condition of such agreement, to remain obligated to - carry out the requirements described in paragraph (2) until the - termination date specified in the agreement, even in the case - of early termination of the agreement under section 53205(c). - This subsection shall not apply in the case of an operating - agreement terminated for lack of funds under section 53205(d). - ``(2) Requirements.--The requirements described in this - paragraph are the following: - ``(A) To continue the documentation of the vessel - under chapter 121. - ``(B) To be bound by the requirements of section - 53208. - ``(C) That all terms and conditions of an emergency - preparedness agreement entered into under section 53208 - shall remain in effect, except that the terms of such - emergency preparedness agreement may be modified by the - mutual consent of the owner or operator, the Secretary - and the Secretary of Defense as provided in such - section. - ``(d) Transfer of Operating Agreements.--The owner or operator of a -vessel covered by an operating agreement under this chapter may -transfer that agreement (including all rights and obligations under the -agreement) to any person that is eligible to enter into that operating -agreement under this chapter, if the transfer is approved by the -Secretary of Transportation and the Secretary of Defense. - ``(e) Replacement of Vessels Covered by Agreements.--An owner or -operator of a vessel covered by an operating agreement under this -chapter may replace the vessel with another vessel that is eligible to -be included in the Fleet under section 53202(b), if the Secretary of + ``(1) be operated in the United States foreign commerce, mixed + United States foreign commerce and domestic trade allowed under a + registry endorsement issued under section 12111 of this title, in + foreign-to-foreign commerce, or under a charter to the United + States; + ``(2) not be operated in the coastwise trade except as + described in paragraph (1); and + ``(3) be documented under chapter 121 of this title. + ``(b) Annual Payments by the Secretary.-- + ``(1) In general.--An operating agreement under this chapter + shall require, subject to the availability of appropriations, that + the Secretary make a payment to the program participant in + accordance with section 53406. + ``(2) Operating agreement is an obligation of the united states + government.--An operating agreement under this chapter constitutes + a contractual obligation of the United States Government to pay the + amounts provided for in the agreement to the extent of actual + appropriations. + ``(c) Documentation Requirement.--Each vessel covered by the +operating agreement, including an agreement terminated under section +53404(c)(2), shall remain documented under chapter 121 of this title +until the date the operating agreement would terminate according to its +terms. + ``(d) National Security Requirements.-- + ``(1) In general.--A program participant with respect to an + operating agreement, including an agreement terminated under + section 53404(c)(2), shall continue to be bound by the provisions + of section 53407 until the date the operating agreement would + terminate according to its terms. + ``(2) Emergency preparedness agreement.--All terms and + conditions of an Emergency Preparedness Agreement entered into + under section 53407 shall remain in effect until the date the + operating agreement would terminate according to its terms, except + that the terms of such Emergency Preparedness Agreement may be + modified by the mutual consent of the program participant, the + Secretary of Transportation, and the Secretary of Defense. + ``(e) Transfer of Operating Agreements.--A program participant may +transfer an operating agreement (including all rights and obligations +under the agreement) to any person that is eligible to enter into that +operating agreement under this chapter, if the Secretary of +Transportation and the Secretary of Defense determine that the transfer +is in the best interests of the United States. + ``(f) Replacement of Vessels Covered by Agreements.--A program +participant may replace the vessel with another vessel that is eligible +to be included in the Fleet under section 53402(b), if the Secretary of Transportation, in coordination with the Secretary of Defense, approves -the replacement of the vessel. In selecting a replacement vessel, the -owner or operator shall give primary consideration to-- - ``(1) the commercial viability of the vessel; - ``(2) the utility of the vessel with respect to the - operating requirements of the owner or operator; and - ``(3) ensuring that the commercial and military utility of - any replacement vessel is not less than that of the initial - vessel. -``Sec. 53207. Payments +the replacement of the vessel. No court shall have jurisdiction to +review a decision by the Secretary of Transportation or the Secretary +of Defense pertaining to the replacement of a vessel under this +section. +``Sec. 53406. Payments ``(a) Annual Payment.--Subject to the availability of appropriations for such purpose and the other provisions of this -chapter, the Secretary shall pay to the owner or operator of a vessel -covered by an operating agreement under this chapter an amount equal to -$6,000,000 for each vessel covered by the agreement for each fiscal -year that the vessel is covered by the agreement. Such amount shall be -paid in equal monthly installments on the last day of each month. The -amount payable under this subsection may not be reduced except as -provided by this section. +chapter, the Secretary shall pay to program participant for an +operating agreement under this chapter an amount equal to $6,000,000 +for each vessel covered by the agreement for each fiscal year that the +vessel is covered by the agreement. Such amount shall be paid in equal +monthly installments on the last day of each month. The amount payable +under this subsection may not be reduced except as provided by this +section. ``(b) Certification Required for Payment.--As a condition of receiving payment under this section for a fiscal year for a vessel, -the owner or operator of the vessel shall certify, in accordance with -regulations issued by the Secretary, that the vessel has been and will -be operated in accordance with section 53206 for at least 320 days +the program participant shall certify, in accordance with regulations +issued by the Secretary, that the vessel has been and will be operated +in accordance with section 53405(a) of this title for at least 320 days during the fiscal year. Days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection. ``(c) General Limitations.--The Secretary may not make any payment under this chapter for a vessel with respect to any days for which the vessel is-- - ``(1) not operated or maintained in accordance with an - operating agreement under this chapter; or - ``(2) more than 25 years of age. + ``(1) not operated or maintained in accordance with an + operating agreement under this chapter; + ``(2) more than 20 years of age; or + ``(3) simultaneously operating under an agreement pursuant to + chapter 531 of this title. ``(d) Reductions in Payments.--With respect to payments under this chapter for a vessel covered by an operating agreement, the Secretary-- - ``(1) except as provided in paragraph (2), may not reduce - such a payment for the operation of the vessel to carry - military or other preference cargoes under section 55302(a), - 55304, 55305, or 55314, section 2631 of title 10, or any other - cargo preference law of the United States; - ``(2) may not make such a payment for any day that the - vessel is engaged in transporting more than 7,500 tons of - civilian bulk preference cargoes pursuant to section 55302(a), - 55305, or 55314, that is bulk cargo; and - ``(3) shall make a pro rata reduction for each day less - than 320 in a fiscal year that the vessel is not operated in - accordance with section 53206. + ``(1) except as provided in paragraph (2), may not reduce such + a payment for-- + ``(A) the operation of the vessel to carry military or + other preference cargoes under section 55302(a), 55304, 55305, + or 55314 of this title, section 2631 of title 10, or any other + cargo preference law of the United States; or + ``(B) any days in which the vessel is operated under + charter to the United States Government; + ``(2) may not make such a payment for any day that the vessel + is engaged in transporting more than 7,500 tons of civilian bulk + preference cargoes pursuant to section 55302(a), 55305, or 55314 of + this title; and + ``(3) shall make a pro rata reduction for each day less than + 320 in a fiscal year that the vessel is not operated in accordance + with section 53405 of this title. ``(e) Limitations Regarding Noncontiguous Domestic Trade.-- - ``(1) In general.--No owner or operator shall receive - payments pursuant to this chapter during a period in which it - participates in noncontiguous domestic trade. - ``(2) Limitation on application.--Paragraph (1) shall not - apply to a owner or operator that is a citizen of the United - States within the meaning of section 50501, applying the 75 - percent ownership requirement of that section. - ``(3) Participates in a noncontiguous trade defined.--In - this subsection the term `participates in a noncontiguous - domestic trade' means directly or indirectly owns, charters, or - operates a vessel engaged in transportation of cargo between a - point in the contiguous 48 States and a point in Alaska, - Hawaii, or Puerto Rico, other than a point in Alaska north of - the Arctic Circle. -``Sec. 53208. National security requirements + ``(1) In general.--No program participant shall receive + payments pursuant to this chapter during a period in which it + participates in noncontiguous domestic trade. + ``(2) Limitation on application.--Paragraph (1) shall not apply + to a program participant that is a citizen of the United States + within the meaning of section 50501 of this title, applying the 75 + percent ownership requirement of that section. + ``(3) Participates in a noncontiguous trade defined.--In this + subsection the term `participates in a noncontiguous domestic + trade' means directly or indirectly owns, charters, or operates a + vessel engaged in transportation of cargo between a point in the + contiguous 48 States and a point in Alaska, Hawaii, or Puerto Rico, + other than a point in Alaska north of the Arctic Circle. +``Sec. 53407. National security requirements ``(a) Emergency Preparedness Agreement Required.--The Secretary of Transportation, in coordination with the Secretary of Defense, shall establish an emergency preparedness program under this section under -which the owner or operator of a vessel covered by an operating -agreement under this chapter shall agree, as a condition of the -operating agreement, to enter into an emergency preparedness agreement -with the Secretaries. Each such emergency preparedness agreement shall -be entered into as promptly as practicable after the owner or operator -has entered into the operating agreement. +which the program participant for an operating agreement under this +chapter shall agree, as a condition of the operating agreement, to +enter into an emergency preparedness agreement with the Secretary. The +Secretary shall negotiate and enter into an Emergency Preparedness +Agreement with each program participant as promptly as practicable +after the program participant has entered into the operating agreement. ``(b) Terms of Agreement.--The terms of an agreement under this section-- - ``(1) shall provide that upon request by the Secretary of - Defense during time of war or national emergency, or whenever - determined by the Secretary of Defense to be necessary for - national security or contingency operation (as that term is - defined in section 101 of title 10), the owner or operator - shall make available commercial transportation resources - (including services) described in subsection (d) to the - Secretary of Defense; - ``(2) shall include such additional terms as may be - established by the Secretary of Transportation and the - Secretary of Defense; and - ``(3) shall allow for the modification or addition of terms - upon agreement by the Secretary of Transportation and the owner - or operator and the approval by the Secretary of Defense. + ``(1) shall provide that upon request by the Secretary of + Defense during time of war or national emergency, or whenever + determined by the Secretary of Defense to be necessary for national + security or contingency operation (as that term is defined in + section 101 of title 10), the program participant shall make + available commercial transportation resources (including services) + described in subsection (d) to the Secretary of Defense; + ``(2) shall include such additional terms as may be established + by the Secretary of Transportation and the Secretary of Defense; + and + ``(3) shall allow for the modification or addition of terms + upon agreement by the Secretary of Transportation and the program + participant and the approval by the Secretary of Defense. ``(c) Participation After Expiration of Operating Agreement.-- -Except as provided by section 53206, the Secretary may not require, -through an emergency preparedness agreement or an operating agreement, -that an owner or operator of a vessel covered by an operating agreement -continue to participate in an emergency preparedness agreement after -the operating agreement has expired according to its terms or is -otherwise no longer in effect. After the expiration of an emergency -preparedness agreement, a owner or operator may voluntarily continue to -participate in the agreement. +Except as provided by section 53406, the Secretary of Transportation +may not require, through an emergency preparedness agreement or an +operating agreement, that a program participant covered by an operating +agreement continue to participate in an emergency preparedness +agreement after the operating agreement has expired according to its +terms or is otherwise no longer in effect. After the expiration of an +emergency preparedness agreement, a program participant may voluntarily +continue to participate in the agreement. ``(d) Resources Made Available.--The commercial transportation resources to be made available under an emergency preparedness agreement shall include vessels or capacity in vessels, terminal facilities, management services, and other related services, or any agreed portion of such nonvessel resources for activation as the Secretary of Defense may determine to be necessary, seeking to minimize -disruption of the owner or operator's service to commercial customers. +disruption of the program participant's service to commercial +customers. ``(e) Compensation.-- - ``(1) In general.--Each emergency preparedness agreement - under this section shall provide that the Secretary of Defense - shall pay fair and reasonable compensation for all commercial - transportation resources provided pursuant to this section. - ``(2) Specific requirements.--Compensation under this - subsection-- - ``(A) shall not be less than the owner or - operator's commercial market charges for like - transportation resources; - ``(B) shall be fair and reasonable considering all - circumstances; - ``(C) shall be provided from the time that a vessel - or resource is required by the Secretary of Defense - until the time it is redelivered to the owner or - operator and is available to reenter commercial - service; and - ``(D) shall be in addition to and shall not in any - way reflect amounts payable under section 53207. + ``(1) In general.--The Secretary of Transportation shall + include in each Emergency Preparedness Agreement provisions + approved by the Secretary of Defense under which the Secretary of + Defense shall pay fair and reasonable compensation for all + commercial transportation resources provided pursuant to this + section. + ``(2) Specific requirements.--Compensation under this + subsection-- + ``(A) shall not be less than the program participant's + commercial market charges for like transportation resources; + ``(B) shall be fair and reasonable considering all + circumstances; + ``(C) shall be provided from the time that a vessel or + resource is required by the Secretary of Defense until the time + it is redelivered to the program participant and is available + to reenter commercial service; and + ``(D) shall be in addition to and shall not in any way + reflect amounts payable under section 53406 of this title. ``(f) Temporary Replacement Vessels.--Notwithstanding section -55302(a), 55304, 55305, or 55314, section 2631 of title 10, or any -other cargo preference law of the United States-- - ``(1) an owner or operator may operate or employ in foreign - commerce a foreign-flag vessel or foreign-flag vessel capacity - as a temporary replacement for a vessel of the United States or - vessel of the United States capacity that is activated by the - Secretary of Defense under an emergency preparedness agreement - or a primary Department of Defense sealift readiness program; - and - ``(2) such replacement vessel or vessel capacity shall be - eligible during the replacement period to transport preference - cargoes subject to sections 55302(a), 55304, 55305, and 55314 - and section 2631 of title 10 to the same extent as the - eligibility of the vessel or vessel capacity replaced. +55302(a), 55304, 55305, or 55314 of this title, section 2631 of title +10, or any other cargo preference law of the United States-- + ``(1) a program participant may operate or employ in foreign + commerce a foreign-flag vessel or foreign-flag vessel capacity as a + temporary replacement for a vessel of the United States or vessel + of the United States capacity that is activated by the Secretary of + Defense under an emergency preparedness agreement or a primary + Department of Defense sealift-approved readiness program; and + ``(2) such replacement vessel or vessel capacity shall be + eligible during the replacement period to transport preference + cargoes subject to sections 55302(a), 55304, 55305, and 55314 of + this title and section 2631 of title 10, United States Code, to the + same extent as the eligibility of the vessel or vessel capacity + replaced. ``(g) Redelivery and Liability of the United States for Damages.-- - ``(1) In general.--All commercial transportation resources - activated under an emergency preparedness agreement shall, upon - termination of the period of activation, be redelivered to the - owner or operator in the same good order and condition as when - received, less ordinary wear and tear, or the Secretary of - Defense shall fully compensate the owner or operator for any - necessary repair or replacement. - ``(2) Limitation on united states liability.--Except as may - be expressly agreed in an emergency preparedness agreement, or - as otherwise provided by law, the Government shall not be - liable for disruption of an owner or operator's commercial - business or other consequential damages to an owner or operator - arising from the activation of commercial transportation - resources under an emergency preparedness agreement. -``Sec. 53209. Regulatory relief - ``(a) Operation in Foreign Commerce.--An owner or operator for a + ``(1) In general.--All commercial transportation resources + activated under an emergency preparedness agreement shall, upon + termination of the period of activation, be redelivered to the + program participant in the same good order and condition as when + received, less ordinary wear and tear, or the Secretary of Defense + shall fully compensate the program participant for any necessary + repair or replacement. + ``(2) Limitation on united states liability.--Except as may be + expressly agreed in an emergency preparedness agreement, or as + otherwise provided by law, the Government shall not be liable for + disruption of a program participant's commercial business or other + consequential damages to the program participant arising from the + activation of commercial transportation resources under an + emergency preparedness agreement. +``Sec. 53408. Regulatory relief + ``(a) Operation in Foreign Commerce.--A program participant for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction. - ``(b) Other Restrictions.--The restrictions of section 55305(a) -concerning the building, rebuilding, or documentation of a vessel in a -foreign country shall not apply to a vessel for any day the operator of -the vessel is receiving payments for the operation of that vessel under -an operating agreement under this chapter. + ``(b) Other Restrictions.--The restrictions of section 55305(a) of +this title concerning the building, rebuilding, or documentation of a +vessel in a foreign country shall not apply to a vessel for any day the +operator of the vessel is receiving payments for the operation of that +vessel under an operating agreement under this chapter. ``(c) Telecommunications Equipment.--The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal -Communications Commission equipment certification requirements, if-- - ``(1) such equipment complies with all applicable - international agreements and associated guidelines as - determined by the country in which the vessel was documented - immediately before becoming documented under the laws of the - United States; - ``(2) that country has not been identified by the Secretary - as inadequately enforcing international regulations as to that - vessel; and - ``(3) at the end of its useful life, such equipment shall - be replaced with equipment that meets Federal Communications - Commission equipment certification standards. -``Sec. 53210. Special rule regarding age of participating Fleet vessels - ``Any age restriction under section 53202(b)(4) shall not apply to -a participating Fleet vessel during the 30-month period beginning on -the date the vessel begins operating under an operating agreement under -this chapter, if the Secretary of Transportation determines that the -owner or operator of the vessel has entered into an arrangement to +Communications Commission equipment approval requirements, if-- + ``(1) such equipment complies with all applicable international + agreements and associated guidelines as determined by the country + in which the vessel was documented immediately before becoming + documented under the laws of the United States; + ``(2) that country has not been identified by the Secretary as + inadequately enforcing international regulations as to that vessel; + and + ``(3) at the end of its useful life, such equipment shall be + replaced with equipment that meets Federal Communications + Commission equipment approval standards. +``Sec. 53409. Special rule regarding age of participating Fleet vessels + ``Any age restriction under section 53402(b)(4) of this title shall +not apply to a participating Fleet vessel during the 30-month period +beginning on the date the vessel begins operating under an operating +agreement under this chapter, if the Secretary determines that the +program participant for the vessel has entered into an arrangement to obtain and operate under the operating agreement for the participating Fleet vessel a replacement vessel that, upon commencement of such operation, will be eligible to be included in the Fleet under section -53202(b). -``Sec. 53211. Regulations +53402(b) of this title. +``Sec. 53410. Regulations ``The Secretary of Transportation and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter. -``Sec. 53212. Authorization of appropriations +``Sec. 53411. Authorization of appropriations ``There is authorized to be appropriated for payments under section -53207, $60,000,000 for each of fiscal years 2021 through 2035, to +53406, $60,000,000 for each of fiscal years 2022 through 2035, to remain available until expended. -``Sec. 53213. Acquisition of Fleet vessels +``Sec. 53412. Acquisition of Fleet vessels ``(a) In General.--Upon replacement of a Fleet vessel under an operating agreement under this chapter, and subject to agreement by the -owner or operator of the vessel, the Secretary of Transportation may, -subject to the concurrence of the Secretary of Defense, acquire the -vessel being replaced for inclusion in the National Defense Reserve -Fleet. +program participant of the vessel, the Secretary of Transportation is +authorized, subject to the concurrence of the Secretary of Defense, +acquire the vessel being replaced for inclusion in the National Defense +Reserve Fleet. ``(b) Requirements.--To be eligible for acquisition by the Secretary of Transportation under this section a vessel shall-- - ``(1) have been covered by an operating agreement under - this chapter for not less than 3 years; and - ``(2) meet recapitalization requirements for the Ready - Reserve Force. + ``(1) have been covered by an operating agreement under this + chapter for not less than 3 years; and + ``(2) meet recapitalization requirements for the Ready Reserve + Force. ``(c) Fair Market Value.--A fair market value shall be established by the Maritime Administration for acquisition of an eligible vessel under this section. @@ -54094,90 +56491,171 @@ available to carry out this section shall be derived from amounts authorized to be appropriated for the National Defense Reserve Fleet. Amounts authorized to be appropriated to carry out the Maritime Security Program may not be use to carry out this section.''. - (b) Clerical Amendment.--The table of chapters for subtitle VII of + (b) Clerical Amendment.--The table of chapters for subtitle V of title 46, United States Code, is amended by adding at the end the following: -``532. Tanker Security Fleet................................ 53201''. +``534. Tanker Security Fleet....................................53401''. + (c) Deadline for Accepting Applications.-- - (1) In general.--The Secretary of Transportation shall - begin accepting applications for enrollment of vessels in the - Tanker Security Fleet established under chapter 532 of title - 46, United States Code, as added by subsection (a), by not - later than 30 days after the date of the enactment of this Act. - (2) Approval.--Not later than 90 days after receipt of an - application for the enrollment of a vessel in the Tanker - Security Fleet, the Secretary, in coordination with the - Secretary of Defense, shall-- - (A) approve the application and enter into an - operating agreement with the applicant; or - (B) provide to the applicant a written explanation - for the denial of the application. - - TITLE XXXVI--FARM AND RANCH MENTAL HEALTH - -SEC. 3601. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN TO ADDRESS FARM AND - RANCH MENTAL HEALTH. - - (a) In General.--The Secretary of Agriculture, in consultation with -the Secretary of Health and Human Services, shall carry out a public -service announcement campaign to address the mental health of farmers -and ranchers. - (b) Requirements.--The public service announcement campaign under -subsection (a) shall include television, radio, print, outdoor, and -digital public service announcements. - (c) Contractor.-- - (1) In general.--The Secretary of Agriculture may enter - into a contract or other agreement with a third party to carry - out the public service announcement campaign under subsection - (a). - (2) Requirement.--In awarding a contract under paragraph - (1), the Secretary shall use a competitive bidding process. - (d) Authorization of Appropriations.--There is authorized to be -appropriated to the Secretary of Agriculture to carry out this section -$3,000,000, to remain available until expended. - -SEC. 3602. EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND RANCHER - STRESS. - - (a) In General.--Not later than 180 days after the date of -enactment of this section, the Secretary of Agriculture shall expand -the pilot program carried out by the Secretary in fiscal year 2019 that -trained employees of the Farm Service Agency in the management of -stress experienced by farmers and ranchers, to train employees of the -Farm Service Agency, the Risk Management Agency, and the Natural -Resources Conservation Service in the management of stress experienced -by farmers and ranchers, including the detection of stress and suicide -prevention. - (b) Report.--Not less frequently than once every 2 years, the -Secretary shall submit to the Committee on Agriculture of the House of -Representatives and the Committee on Agriculture, Nutrition, and -Forestry of the Senate a report describing the implementation of this -section. + (1) In general.--The Secretary of Transportation shall begin + accepting applications for enrollment of vessels in the Tanker + Security Fleet established under chapter 534 of title 46, United + States Code, as added by subsection (a), by not later than 60 days + after the date of the enactment of this title. + (2) Approval.--Not later than 90 days after receipt of an + application for the enrollment of a vessel in the Tanker Security + Fleet, the Secretary of Transportation, in coordination with the + Secretary of Defense shall-- + (A) approve the application and enter into an operating + agreement with the applicant; or + (B) provide to the applicant a written explanation for the + denial of the application. + (3) Vessels operating in maritime security fleet.-- + Notwithstanding the requirements of section 53402(b) of title 46, + United States Code, the Secretary of Transportation shall approve + an application submitted under chapter 534 of title 46, United + State Code, for a product tank vessel for which there is, on the + date of enactment of this title, an effective operating agreement + under chapter 531 of title 46, United States Code. + (d) Effective Date.-- + (1) In general.--This section shall take effect on the date on + which the Secretary of Defense-- + (A) has completed the report on United States flagged fuel + tanker vessel capacity as required by section 3519 of the + National Defense Authorization Act for Fiscal Year 2020; + (B) has submitted that report to the appropriate committees + of Congress; + (C) publishes certification-- + (i) that a program for United States-flagged fuel + tanker vessels as prescribed in chapter 534 of title 46, + United States Code, as amended by this section, for the + purpose of providing additional United States-flagged fuel + tanker vessels is in the national security interest of the + United State; and + (ii) of the number of such additional tankers covered + under such a program that could be necessary to meet + Department of Defense wartime requirements. + (2) Appropriate committees of congress defined.--In this + section the term ``appropriate committees of Congress'' means-- + (A) the Committee on Commerce, Science, and Transportation + and the Committee on Armed Services of the Senate; and + (B) the Committee on Transportation and Infrastructure and + the Committee on Armed Services of the House of + Representatives. -SEC. 3603. TASK FORCE FOR ASSESSMENT OF CAUSES OF MENTAL STRESS AND - BEST PRACTICES FOR RESPONSE. + Subtitle C--Other Matters - (a) In General.--The Secretary of Agriculture shall convene a task -force of agricultural and rural stakeholders at the national, State, -and local levels-- - (1) to assess the causes of mental stress in farmers and - ranchers; and - (2) to identify best practices for responding to that - mental stress. - (b) Submission of Report.--Not later than 1 year after the date of -enactment of this Act, the task force convened under subsection (a) -shall submit to the Secretary of Agriculture a report containing the -assessment and best practices under paragraphs (1) and (2), -respectively, of subsection (a). - (c) Collaboration.--In carrying out this section, the task force -convened under subsection (a) shall collaborate with nongovernmental -organizations and State and local agencies. +SEC. 3521. MARITIME SECURITY AND DOMAIN AWARENESS. + (a) Progress Report on Maritime Security.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense, in coordination + with the Secretary of State, the Secretary of the Department in + which the Coast Guard is operating, and the heads of other + appropriate Federal agencies, shall submit to the congressional + defense committees, the Committee on Foreign Affairs of the House + of Representatives, and the Committee on Foreign Relations of the + Senate a report on the steps taken since December 20, 2019, to make + further use of the following mechanisms to combat IUU fishing: + (A) Inclusion of counter-IUU fishing in existing shiprider + agreements to which the United States is a party. + (B) Entry into shiprider agreements that include counter- + IUU fishing with priority flag states and countries in priority + regions with which the United States does not already have such + agreements. + (C) Inclusion of counter-IUU fishing in the mission of the + Combined Maritime Forces. + (D) Inclusion of counter-IUU fishing exercises in the + annual at-sea exercises conducted by the Department of Defense, + in coordination with the United States Coast Guard. + (E) Development of partnerships similar to the Oceania + Maritime Security Initiative and the Africa Maritime Law + Enforcement Partnership in other priority regions. + (2) Element.--The report required by paragraph (1) shall + include a description of specific steps taken by the Secretary of + the Navy with respect to each mechanism described in paragraph (1), + including a detailed description of any security cooperation + engagement undertaken to combat IUU fishing by such mechanisms and + resulting coordination between the Department of the Navy and the + Coast Guard. + (b) Assessment of Service Coordination on Maritime Domain +Awareness.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of the Navy shall enter into + an agreement with the Secretary of the department in which the + Coast Guard is operating, in consultation with the Secretary of + Commerce, to assess the available commercial solutions for + collecting, sharing, and disseminating among United States maritime + services and partner countries maritime domain awareness + information relating to illegal maritime activities, including IUU + fishing. + (2) Elements.--The assessment carried out pursuant to an + agreement under paragraph (1) shall-- + (A) build on the ongoing Coast Guard assessment related to + autonomous vehicles; + (B) consider appropriate commercially and academically + available technological solutions; and + (C) consider any limitation related to affordability, + exportability, maintenance, and sustainment requirements and + any other factor that may constrain the suitability of such + solutions for use in a joint and combined environment, + including the potential provision of such solutions to one or + more partner countries. + (3) Submittal to congress.--Not later than one year after + entering into an agreement under paragraph (1), the Secretary of + the Navy shall submit to the Committee on Armed Services, the + Committee on Commerce, Science, and Transportation, the Committee + on Foreign Relations, and the Committee on Appropriations of the + Senate and the Committee on Armed Services, the Committee on + Natural Resources, the Committee on Transportation and + Infrastructure, the Committee on Foreign Affairs, and the Committee + on Appropriations of the House of Representatives the assessment + prepared in accordance with the agreement. + (c) Report on Use of Fishing Fleets by Foreign Governments.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Director of the Office of Naval + Intelligence shall submit to the Committee on Armed Services, the + Committee on Commerce, Science, and Transportation, the Committee + on Foreign Relations, and the Committee on Appropriations of the + Senate and the Committee on Armed Services, the Committee on + Natural Resources, the Committee on Transportation and + Infrastructure, the Committee on Foreign Affairs, and the Committee + on Appropriations of the House of Representatives a report on the + use by governments of foreign countries of distant-water fishing + fleets as extensions of the official maritime security forces of + such countries. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) An analysis of the manner in which fishing fleets are + leveraged in support of the naval operations and policies of + foreign countries more generally. + (B) A consideration of-- + (i) threats posed, on a country-by-country basis, to + the fishing vessels and other vessels of the United States + and partner countries; + (ii) risks to Navy and Coast Guard operations of the + United States, and the naval and coast guard operations of + partner countries; and + (iii) the broader challenge to the interests of the + United States and partner countries. + (3) Form.--The report required by paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (d) Definitions.--In this section, any term that is also used in +the Maritime SAFE Act (subtitle C of title XXXV of Public Law 116-92) +shall have the meaning given such term in that Act. +SEC. 3522. SENSE OF CONGRESS REGARDING ROLE OF DOMESTIC MARITIME +INDUSTRY IN NATIONAL SECURITY. + It is the sense of Congress that-- + (1) United States coastwise trade laws promote a strong + domestic trade maritime industry, which supports the national + security and economic vitality of the United States and the + efficient operation of the United States transportation system; and + (2) a strong commercial maritime industry makes the United + States more secure. DIVISION D--FUNDING TABLES SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. - (a) In General.--Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount @@ -54186,11 +56664,10 @@ the availability of appropriations. (b) Merit-Based Decisions.--A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall-- - (1) be based on merit-based selection procedures in - accordance with the requirements of sections 2304(k) and 2374 - of title 10, United States Code, or on competitive procedures; - and - (2) comply with other applicable provisions of law. + (1) be based on merit-based selection procedures in accordance + with the requirements of sections 2304(k) and 2374 of title 10, + United States Code, or on competitive procedures; and + (2) comply with other applicable provisions of law. (c) Relationship to Transfer and Programming Authority.--An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by @@ -54208,20 +56685,19 @@ this division shall supersede the requirements of this section. TITLE XLI--PROCUREMENT +Sec. 4101. Procurement. +Sec. 4102. Procurement for overseas contingency operations. SEC. 4101. PROCUREMENT. ------------------------------------------------------------------------ SEC. 4101. PROCUREMENT (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2021 House + FY 2021 Conference Line Item Request Authorized ------------------------------------------------------------------------ AIRCRAFT PROCUREMENT, ARMY FIXED WING -002 MQ-1 UAV............. 75,000 - Additional [75,000] - aircraft. 003 FUTURE UAS FAMILY.... 1,100 1,100 004 RQ-11 (RAVEN)........ 20,851 20,851 ROTARY @@ -54236,12 +56712,12 @@ SEC. 4101. PROCUREMENT. MODEL (MYP) AP. 013 UH-60 BLACK HAWK L 172,797 172,797 AND V MODELS. -014 CH-47 HELICOPTER..... 160,750 266,850 - Program increase. [136,000] - Unjustified cost [-29,900] - growth. +014 CH-47 HELICOPTER..... 160,750 296,750 + Program increase-- [136,000] + F Block II. 015 CH-47 HELICOPTER AP.. 18,372 47,372 - Program increase. [29,000] + Program increase-- [29,000] + F Block II. MODIFICATION OF AIRCRAFT 018 UNIVERSAL GROUND 7,509 7,509 @@ -54250,9 +56726,9 @@ SEC. 4101. PROCUREMENT. 019 GRAY EAGLE MODS2..... 16,280 16,280 020 MULTI SENSOR ABN 35,864 35,864 RECON (MIP). -021 AH-64 MODS........... 118,316 113,216 - Unjustified cost [-5,100] - growth--M-DSA. +021 AH-64 MODS........... 118,316 110,576 + Sensors cost [-7,740] + growth. 022 CH-47 CARGO 15,548 15,548 HELICOPTER MODS (MYP). @@ -54283,6 +56759,7 @@ SEC. 4101. PROCUREMENT. COUNTERMEASURES (CIRCM). OTHER SUPPORT + UNDISTRIBUTED 039 AVIONICS SUPPORT 1,789 1,789 EQUIPMENT. 040 COMMON GROUND 17,584 17,584 @@ -54294,7 +56771,7 @@ SEC. 4101. PROCUREMENT. 045 LAUNCHER GUIDED 8,982 8,982 MISSILE: LONGBOW HELLFIRE XM2. - TOTAL AIRCRAFT 3,074,594 3,267,394 + TOTAL AIRCRAFT 3,074,594 3,219,654 PROCUREMENT, ARMY. @@ -54302,19 +56779,18 @@ SEC. 4101. PROCUREMENT. ARMY SURFACE-TO-AIR MISSILE SYSTEM -002 M-SHORAD--PROCUREMENT 378,654 378,654 +002 M-SHORAD--PROCUREMENT 378,654 374,587 + Production costs [-4,067] + previously funded. 003 MSE MISSILE.......... 603,188 603,188 -004 PRECISION STRIKE 49,941 42,441 +004 PRECISION STRIKE 49,941 49,941 MISSILE (PRSM). - Contract delay... [-7,500] -005 INDIRECT FIRE 106,261 25,011 +005 INDIRECT FIRE 106,261 65,469 PROTECTION CAPABILITY INC 2-I. - Army identified [-40,500] + Army identified [-40,792] funds excess to need. - Funding excess to [-40,750] - need. AIR-TO-SURFACE MISSILE SYSTEM 006 HELLFIRE SYS SUMMARY. 91,225 91,225 @@ -54327,14 +56803,19 @@ SEC. 4101. PROCUREMENT. 009 JAVELIN (AAWS-M) 190,325 190,325 SYSTEM SUMMARY. 010 TOW 2 SYSTEM SUMMARY. 121,074 121,074 -011 GUIDED MLRS ROCKET 850,157 850,157 +011 GUIDED MLRS ROCKET 850,157 845,157 (GMLRS). + Excess tooling [-5,000] + request. 012 MLRS REDUCED RANGE 30,836 30,836 PRACTICE ROCKETS (RRPR). -013 HIGH MOBILITY 41,226 41,226 +013 HIGH MOBILITY 41,226 51,226 ARTILLERY ROCKET - SYSTEM (HIMARS. + SYSTEM (HIMARS). + Army requested [10,000] + transfer from + OM,A line 121. MODIFICATIONS 016 PATRIOT MODS......... 278,050 278,050 017 ATACMS MODS.......... 141,690 141,690 @@ -54348,8 +56829,9 @@ SEC. 4101. PROCUREMENT. PARTS. SUPPORT EQUIPMENT & FACILITIES + UNDISTRIBUTED 025 AIR DEFENSE TARGETS.. 8,978 8,978 - TOTAL MISSILE 3,491,507 3,402,757 + TOTAL MISSILE 3,491,507 3,451,648 PROCUREMENT, ARMY. @@ -54357,40 +56839,36 @@ SEC. 4101. PROCUREMENT. ARMY TRACKED COMBAT VEHICLES -002 ARMORED MULTI PURPOSE 192,971 172,971 +002 ARMORED MULTI PURPOSE 192,971 139,254 VEHICLE (AMPV). - Prior year carry- [-80,000] - over. - Program increase. [60,000] + Forward financing [-53,717] + of vehicle + manufacturing. MODIFICATION OF TRACKED COMBAT VEHICLES -004 STRYKER UPGRADE...... 847,212 1,183,052 +004 STRYKER UPGRADE...... 847,212 1,168,212 CROWS-J program [-39,160] delay. Program increase-- [375,000] Army UPL. + Unit cost growth. [-14,840] 005 BRADLEY PROGRAM (MOD) 493,109 435,759 Prior year carry- [-17,350] over. UBIS early to [-40,000] need. -006 M109 FOV 26,893 21,893 +006 M109 FOV 26,893 26,893 MODIFICATIONS. - Prior year [-5,000] - carryover. 007 PALADIN INTEGRATED 435,825 435,825 MANAGEMENT (PIM). 009 ASSAULT BRIDGE (MOD). 5,074 5,074 010 ASSAULT BREACHER 19,500 19,500 VEHICLE. -011 M88 FOV MODS......... 18,382 13,082 - Program reduction [-5,300] -012 JOINT ASSAULT BRIDGE. 72,178 61,878 - Program delay.... [-10,300] -013 M1 ABRAMS TANK (MOD). 392,013 386,278 - Prior year carry- [-5,735] - over. +011 M88 FOV MODS......... 18,382 18,382 +012 JOINT ASSAULT BRIDGE. 72,178 19,247 + Program delay.... [-52,931] +013 M1 ABRAMS TANK (MOD). 392,013 392,013 014 ABRAMS UPGRADE 1,033,253 1,020,396 PROGRAM. Component cost [-3,480] @@ -54435,11 +56913,12 @@ SEC. 4101. PROCUREMENT. WTCV). SUPPORT EQUIPMENT & FACILITIES + UNDISTRIBUTED 036 ITEMS LESS THAN $5.0M 2,763 2,763 (WOCV-WTCV). 037 PRODUCTION BASE 3,045 3,045 SUPPORT (WOCV-WTCV). - TOTAL 3,696,740 3,916,038 + TOTAL 3,696,740 3,840,885 PROCUREMENT OF W&TCV, ARMY. @@ -54447,8 +56926,10 @@ SEC. 4101. PROCUREMENT. AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION -001 CTG, 5.56MM, ALL 68,472 68,472 +001 CTG, 5.56MM, ALL 68,472 65,659 TYPES. + E95700 unit cost [-2,813] + growth. 002 CTG, 7.62MM, ALL 109,933 109,933 TYPES. 003 NEXT GENERATION SQUAD 11,988 11,988 @@ -54469,18 +56950,22 @@ SEC. 4101. PROCUREMENT. 012 120MM MORTAR, ALL 107,762 107,762 TYPES. TANK AMMUNITION -013 CARTRIDGES, TANK, 233,444 233,444 +013 CARTRIDGES, TANK, 233,444 232,226 105MM AND 120MM, ALL TYPES. + E73201 excess [-1,218] + cost growth. ARTILLERY AMMUNITION 014 ARTILLERY CARTRIDGES, 35,963 35,963 75MM & 105MM, ALL TYPES. -015 ARTILLERY PROJECTILE, 293,692 283,692 +015 ARTILLERY PROJECTILE, 293,692 291,292 155MM, ALL TYPES. - Program delays... [-10,000] -016 PROJ 155MM EXTENDED 69,159 69,159 + Program delays... [-2,400] +016 PROJ 155MM EXTENDED 69,159 64,909 RANGE M982. + E80103 unit cost [-4,250] + growth. 017 ARTILLERY 232,913 232,913 PROPELLANTS, FUZES AND PRIMERS, ALL. @@ -54488,14 +56973,11 @@ SEC. 4101. PROCUREMENT. 018 MINES & CLEARING 65,278 62,778 CHARGES, ALL TYPES. Program decrease. [-2,500] -019 CLOSE TERRAIN SHAPING 4,995 2,995 +019 CLOSE TERRAIN SHAPING 4,995 4,995 OBSTACLE. - Program reduction [-2,000] ROCKETS -020 SHOULDER LAUNCHED 69,112 61,612 +020 SHOULDER LAUNCHED 69,112 69,112 MUNITIONS, ALL TYPES. - Prior year [-7,500] - carryover. 021 ROCKET, HYDRA 70, ALL 125,915 125,915 TYPES. OTHER AMMUNITION @@ -54518,21 +57000,24 @@ SEC. 4101. PROCUREMENT. 032 CLOSEOUT LIABILITIES. 99 99 PRODUCTION BASE SUPPORT + UNDISTRIBUTED 033 INDUSTRIAL FACILITIES 592,224 696,724 Program increase. [104,500] 034 CONVENTIONAL 235,112 235,112 MUNITIONS DEMILITARIZATION. 035 ARMS INITIATIVE...... 3,369 3,369 - TOTAL 2,777,716 2,860,216 + TOTAL 2,777,716 2,869,035 PROCUREMENT OF AMMUNITION, ARMY. OTHER PROCUREMENT, ARMY TACTICAL VEHICLES -001 TACTICAL TRAILERS/ 12,986 12,986 +001 TACTICAL TRAILERS/ 12,986 9,653 DOLLY SETS. + Prior year [-3,333] + carryover. 002 SEMITRAILERS, 31,443 31,443 FLATBED:. 003 SEMITRAILERS, TANKERS 17,082 17,082 @@ -54554,10 +57039,10 @@ SEC. 4101. PROCUREMENT. ASSOCIATED FIREFIGHTING EQUIP. 014 PLS ESP.............. 21,969 21,969 -015 HVY EXPANDED MOBILE 65,635 132,635 +015 HVY EXPANDED MOBILE 65,635 99,135 TACTICAL TRUCK EXT SERV. - Program increase. [67,000] + Program increase. [33,500] 016 HMMWV 5,927 5,927 RECAPITALIZATION PROGRAM. @@ -54569,18 +57054,19 @@ SEC. 4101. PROCUREMENT. NON-TACTICAL VEHICLES 020 PASSENGER CARRYING 1,246 1,246 VEHICLES. -021 NONTACTICAL VEHICLES, 19,870 19,870 +021 NONTACTICAL VEHICLES, 19,870 4,968 OTHER. + Excess carryover. [-14,902] COMM--JOINT COMMUNICATIONS -022 SIGNAL MODERNIZATION 160,469 150,469 +022 SIGNAL MODERNIZATION 160,469 151,179 PROGRAM. - Unit cost growth. [-10,000] -023 TACTICAL NETWORK 360,379 337,879 + Unit cost growth. [-9,290] +023 TACTICAL NETWORK 360,379 347,782 TECHNOLOGY MOD IN SVC. - Program delays... [-10,000] - Unit cost growth. [-12,500] + Program delays... [-5,380] + Unit cost growth. [-7,217] 024 SITUATION INFORMATION 63,396 63,396 TRANSPORT. 026 JCSE EQUIPMENT 5,170 5,170 @@ -54590,10 +57076,13 @@ SEC. 4101. PROCUREMENT. 029 DEFENSE ENTERPRISE 101,498 101,498 WIDEBAND SATCOM SYSTEMS. -030 TRANSPORTABLE 72,450 64,950 +030 TRANSPORTABLE 72,450 69,750 TACTICAL COMMAND COMMUNICATIONS. - Program delays... [-7,500] + AFRICOM force [1,000] + protection + upgrades. + Program delays... [-3,700] 031 SHF TERM............. 13,173 13,173 032 ASSURED POSITIONING, 134,928 134,928 NAVIGATION AND @@ -54602,12 +57091,17 @@ SEC. 4101. PROCUREMENT. 034 GLOBAL BRDCST SVC-- 8,191 8,191 GBS. COMM--C3 SYSTEM -036 COE TACTICAL SERVER 94,871 94,871 +036 COE TACTICAL SERVER 94,871 92,119 INFRASTRUCTURE (TSI). + Contract [-2,752] + management growth. COMM--COMBAT COMMUNICATIONS -037 HANDHELD MANPACK 550,848 550,848 +037 HANDHELD MANPACK 550,848 552,348 SMALL FORM FIT (HMS). + AFRICOM force [1,500] + protection + upgrades. 038 RADIO TERMINAL SET, 8,237 8,237 MIDS LVT(2). 041 SPIDER FAMILY OF 13,967 0 @@ -54633,11 +57127,15 @@ SEC. 4101. PROCUREMENT. 051 INFORMATION SYSTEM 4,596 4,596 SECURITY PROGRAM- ISSP. -052 COMMUNICATIONS 159,272 149,272 +052 COMMUNICATIONS 159,272 159,272 SECURITY (COMSEC). - Program decrease. [-10,000] -053 DEFENSIVE CYBER 54,753 54,753 +053 DEFENSIVE CYBER 54,753 42,753 OPERATIONS. + Army requested [-12,000] + transfer to RDTE + army line 267 for + program + management. 054 INSIDER THREAT 1,760 1,760 PROGRAM--UNIT ACTIVITY MONITO. @@ -54645,14 +57143,18 @@ SEC. 4101. PROCUREMENT. (INFO SECURITY). COMM--LONG HAUL COMMUNICATIONS -057 BASE SUPPORT 29,761 29,761 +057 BASE SUPPORT 29,761 30,761 COMMUNICATIONS. + AFRICOM UFR force [1,000] + protection + upgrades. COMM--BASE COMMUNICATIONS 058 INFORMATION SYSTEMS.. 147,696 147,696 -059 EMERGENCY MANAGEMENT 4,900 4,900 +059 EMERGENCY MANAGEMENT 4,900 0 MODERNIZATION PROGRAM. + Excess carryover. [-4,900] 060 HOME STATION MISSION 15,227 15,227 COMMAND CENTERS (HSMCC). @@ -54698,15 +57200,17 @@ SEC. 4101. PROCUREMENT. 086 SMALL TACTICAL 13,954 13,954 OPTICAL RIFLE MOUNTED MLRF. -088 INDIRECT FIRE 10,069 10,069 +088 INDIRECT FIRE 10,069 14,069 PROTECTION FAMILY OF SYSTEMS. + AFRICOM UFR force [4,000] + protection + upgrades. 089 FAMILY OF WEAPON 133,590 115,090 SIGHTS (FWS). Program decrease. [-18,500] -091 JOINT BATTLE COMMAND-- 243,850 226,350 +091 JOINT BATTLE COMMAND-- 243,850 243,850 PLATFORM (JBC-P). - Program delays... [-17,500] 092 JOINT EFFECTS 69,641 50,541 TARGETING SYSTEM (JETS). @@ -54730,9 +57234,9 @@ SEC. 4101. PROCUREMENT. 100 AIR & MSL DEFENSE 47,374 47,374 PLANNING & CONTROL SYS. -101 IAMD BATTLE COMMAND 201,587 191,587 +101 IAMD BATTLE COMMAND 201,587 198,587 SYSTEM. - Program reduction [-10,000] + Program reduction [-3,000] 102 LIFE CYCLE SOFTWARE 4,495 4,495 SUPPORT (LCSS). 103 NETWORK MANAGEMENT 18,651 18,651 @@ -54753,8 +57257,10 @@ SEC. 4101. PROCUREMENT. AUTOMATION 109 ARMY TRAINING 14,574 14,574 MODERNIZATION. -110 AUTOMATED DATA 140,619 140,619 +110 AUTOMATED DATA 140,619 138,841 PROCESSING EQUIP. + AIE travel costs [-1,778] + excess. 111 GENERAL FUND 4,448 4,448 ENTERPRISE BUSINESS SYSTEMS FAM. @@ -54821,7 +57327,9 @@ SEC. 4101. PROCUREMENT. 142 PERSONNEL RECOVERY 4,625 4,625 SUPPORT SYSTEM (PRSS). -143 GROUND SOLDIER SYSTEM 154,937 154,937 +143 GROUND SOLDIER SYSTEM 154,937 149,937 + Unit cost [-5,000] + discrepancies. 144 MOBILE SOLDIER POWER. 34,297 34,297 147 CARGO AERIAL DEL & 53,021 53,021 PERSONNEL PARACHUTE @@ -54832,8 +57340,10 @@ SEC. 4101. PROCUREMENT. 149 ITEMS LESS THAN $5M 8,014 8,014 (ENG SPT). PETROLEUM EQUIPMENT -150 DISTRIBUTION SYSTEMS, 78,448 78,448 +150 DISTRIBUTION SYSTEMS, 78,448 78,250 PETROLEUM & WATER. + tank rack module [-198] + unit cost growth. MEDICAL EQUIPMENT 151 COMBAT SUPPORT 59,485 64,485 MEDICAL. @@ -54885,10 +57395,11 @@ SEC. 4101. PROCUREMENT. EQUIPMENT (TMD) 176 CALIBRATION SETS 2,511 2,511 EQUIPMENT. -177 INTEGRATED FAMILY OF 78,578 73,578 +177 INTEGRATED FAMILY OF 78,578 77,214 TEST EQUIPMENT (IFTE). - Program reduction [-5,000] + ICE WATS [-1,364] + previously funded. 178 TEST EQUIPMENT 14,941 14,941 MODERNIZATION (TEMOD). @@ -54897,9 +57408,13 @@ SEC. 4101. PROCUREMENT. 180 RAPID EQUIPPING 8,629 8,629 SOLDIER SUPPORT EQUIPMENT. -181 PHYSICAL SECURITY 75,499 72,299 +181 PHYSICAL SECURITY 75,499 84,251 SYSTEMS (OPA3). - Early to need.... [-3,200] + AFRICOM UFR force [12,000] + protection + upgrades. + Unjustified [-3,248] + request. 182 BASE LEVEL COMMON 27,444 27,444 EQUIPMENT. 183 MODIFICATION OF IN- 32,485 32,485 @@ -54908,95 +57423,160 @@ SEC. 4101. PROCUREMENT. 187 SPECIAL EQUIPMENT FOR 39,436 39,436 TEST AND EVALUATION. OPA2 + UNDISTRIBUTED 189 INITIAL SPARES--C&E.. 9,950 9,950 - TOTAL OTHER 8,625,206 8,288,139 + TOTAL OTHER 8,625,206 8,281,777 PROCUREMENT, ARMY. AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT -001 F/A-18E/F (FIGHTER) 1,761,146 1,761,146 +001 F/A-18E/F (FIGHTER) 1,761,146 1,725,400 HORNET. + Ancillary [-13,367] + equipment excess + cost growth. + Contract award [-14,023] + savings. + Rec flyaway ECO [-8,356] + excess growth. 002 F/A-18E/F (FIGHTER) 28,100 HORNET AP. FY22 aircraft.... [28,100] -003 JOINT STRIKE FIGHTER 2,181,780 2,106,680 +003 JOINT STRIKE FIGHTER 2,181,780 2,371,897 CV. - Excess depot [-6,500] - standup funding. - F135 [-21,000] - affordability - challenges. - Lot 15 target [-41,600] + Additional [200,000] + aircraft. + Lot 15 target [-9,883] cost savings. - Unjustified ALIS [-6,000] - funding. 004 JOINT STRIKE FIGHTER 330,386 330,386 CV AP. -005 JSF STOVL............ 1,109,393 1,053,893 - Excess depot [-5,000] - standup funding. - F135 [-15,000] - affordability - challenges. - Lot 15 target [-18,000] - cost savings. - Unjustified ALIS [-10,000] - funding. - Unjustified [-7,500] - production - engineering - support. +005 JSF STOVL............ 1,109,393 1,075,465 + Unit cost [-33,928] + adjustment. 006 JSF STOVL AP......... 303,035 303,035 -007 CH-53K (HEAVY LIFT).. 813,324 813,324 +007 CH-53K (HEAVY LIFT).. 813,324 800,634 + Force Design 2030 [-12,690] + realignment NRE + excess. 008 CH-53K (HEAVY LIFT) 201,188 201,188 AP. -009 V-22 (MEDIUM LIFT)... 934,793 1,146,193 +009 V-22 (MEDIUM LIFT)... 934,793 1,121,949 + CMV unit cost [-24,244] + adjustment. Navy UPL......... [211,400] 010 V-22 (MEDIUM LIFT) AP 39,547 39,547 011 H-1 UPGRADES (UH-1Y/ 7,267 7,267 AH-1Z). -013 P-8A POSEIDON........ 80,134 1,020,034 +013 P-8A POSEIDON........ 80,134 1,420,034 + Additional [1,420,000] + aircraft only for + the Navy Reserve. Line shutdown [-80,100] early to need. - Six additional [1,020,000] - aircraft. -015 E-2D ADV HAWKEYE..... 626,109 626,109 +015 E-2D ADV HAWKEYE..... 626,109 611,106 + unjustified [-15,003] + growth peculiar + training + equipment. 016 E-2D ADV HAWKEYE AP.. 123,166 123,166 TRAINER AIRCRAFT -017 ADVANCED HELICOPTER 269,867 269,867 +017 ADVANCED HELICOPTER 269,867 236,146 TRAINING SYSTEM. + Other ILS excess [-33,721] + growth. OTHER AIRCRAFT -018 KC-130J.............. 380,984 380,984 +018 KC-130J.............. 380,984 375,558 + Unit cost growth. [-5,426] 019 KC-130J AP........... 67,022 67,022 -021 MQ-4 TRITON.......... 150,570 280,570 +021 MQ-4 TRITON.......... 150,570 244,464 One additional [130,000] aircraft. + Production line [-36,106] + preservation + costs excess to + need. 023 MQ-8 UAV............. 40,375 40,375 024 STUASL0 UAV.......... 30,930 30,930 -026 VH-92A EXECUTIVE HELO 610,231 610,231 +026 VH-92A EXECUTIVE HELO 610,231 589,042 + ECO price [-1,010] + adjustment. + Unit cost [-20,179] + adjustment. MODIFICATION OF AIRCRAFT -028 F-18 A-D UNIQUE...... 208,261 208,261 -029 F-18E/F AND EA-18G 468,954 468,954 +028 F-18 A-D UNIQUE...... 208,261 195,710 + USMC AESA radar [-12,551] + excess unit cost + growth (OSIP 21- + 00; ECP 583). +029 F-18E/F AND EA-18G 468,954 429,460 MODERNIZATION AND SUSTAINM. + OSIP 11-10 [-14,723] + support excess + growth. + OSIP 11-10 unit [-15,787] + cost growth. + OSIP 11-10 [-8,984] + unstallation + equipment excess + growth. 030 AEA SYSTEMS.......... 21,061 21,061 031 AV-8 SERIES.......... 34,082 34,082 -032 INFRARED SEARCH AND 158,055 158,055 +032 INFRARED SEARCH AND 158,055 127,695 TRACK (IRST). + Installation [-9,654] + equipment excess + growth. + Support equipment [-20,706] + excess growth. 033 ADVERSARY............ 42,946 42,946 034 F-18 SERIES.......... 379,351 379,351 035 H-53 SERIES.......... 74,771 74,771 036 MH-60 SERIES......... 131,584 136,584 - Program increase. [5,000] -037 H-1 SERIES........... 185,140 185,140 + Program increase-- [5,000] + Alternative low + frequency active + sonar for risk + reduction. +037 H-1 SERIES........... 185,140 152,562 + APR-39D(V)2 kits [-6,720] + early to need. + ECS thermal kits [-1,245] + previously funded. + FMV Phase 2.0 [-2,440] + kits previously + funded. + Installation [-4,379] + equipment NRE + excess growth. + Installation [-4,317] + equipment NRE + unjustified + request. + Other support [-5,256] + excess growth. + Rotor brake [-5,500] + system kits + previously funded. + Target sight [-2,721] + system block + upgrade unit cost + growth. 038 EP-3 SERIES.......... 26,602 26,602 040 E-2 SERIES........... 175,540 175,540 041 TRAINER A/C SERIES... 7,085 7,085 042 C-2A................. 9,525 9,525 -043 C-130 SERIES......... 141,705 141,705 +043 C-130 SERIES......... 141,705 124,653 + GFE excess growth [-8,509] + Installation [-1,802] + excess growth. + JAGM A kit [-6,741] + procurement and + installation + early to need. 044 FEWSG................ 684 684 045 CARGO/TRANSPORT A/C 8,911 8,911 SERIES. @@ -55006,15 +57586,26 @@ SEC. 4101. PROCUREMENT. 049 T-45 SERIES.......... 155,745 155,745 050 POWER PLANT CHANGES.. 24,633 24,633 051 JPATS SERIES......... 22,682 22,682 -052 AVIATION LIFE SUPPORT 40,401 40,401 +052 AVIATION LIFE SUPPORT 40,401 45,401 MODS. -053 COMMON ECM EQUIPMENT. 138,480 138,480 + Aviation body [5,000] + armor vest. +053 COMMON ECM EQUIPMENT. 138,480 134,370 + H-1 kit cost [-2,091] + growth (OSIP 014- + 90). + MV-22 kit cost [-2,019] + growth (OSIP 014- + 90). 054 COMMON AVIONICS 143,322 143,322 CHANGES. 055 COMMON DEFENSIVE 2,142 2,142 WEAPON SYSTEM. 056 ID SYSTEMS........... 35,999 35,999 -057 P-8 SERIES........... 180,530 180,530 +057 P-8 SERIES........... 180,530 172,821 + Increment 3 [-7,709] + aircrew trainers + previously funded. 058 MAGTF EW FOR AVIATION 27,794 27,794 059 MQ-8 SERIES.......... 28,774 28,774 060 V-22 (TILT/ROTOR 334,405 334,405 @@ -55028,14 +57619,35 @@ SEC. 4101. PROCUREMENT. Block IV/TR3 [-5,900] upgrade delays. 064 QRC.................. 126,618 126,618 -065 MQ-4 SERIES.......... 12,998 12,998 -066 RQ-21 SERIES......... 18,550 18,550 +065 MQ-4 SERIES.......... 12,998 9,969 + Operating base [-3,029] + installation + early to need. +066 RQ-21 SERIES......... 18,550 14,725 + SURFR payload [-3,825] + suite unit cost + growth. AIRCRAFT SPARES AND REPAIR PARTS -070 SPARES AND REPAIR 2,198,460 2,198,460 +070 SPARES AND REPAIR 2,198,460 2,088,679 PARTS. + Additional F-35B/ [30,000] + C spares. + CH-53K spares [-25,984] + excess growth. + E-2D AHE spares [-14,773] + excess growth. + Spares for [-47,555] + modifications + excess growth. + Spares for repair [-15,300] + of repairables + excess growth. + VH-92 spares [-36,169] + excess growth. AIRCRAFT SUPPORT EQUIP & FACILITIES + UNDISTRIBUTED 071 COMMON GROUND 543,559 543,559 EQUIPMENT. 072 AIRCRAFT INDUSTRIAL 75,685 75,685 @@ -55047,7 +57659,7 @@ SEC. 4101. PROCUREMENT. EQUIPMENT. 076 FIRST DESTINATION 2,121 2,121 TRANSPORTATION. - TOTAL AIRCRAFT 17,127,378 18,298,078 + TOTAL AIRCRAFT 17,127,378 18,545,253 PROCUREMENT, NAVY. @@ -55061,35 +57673,68 @@ SEC. 4101. PROCUREMENT. 002 MISSILE INDUSTRIAL 7,275 7,275 FACILITIES. STRATEGIC MISSILES -003 TOMAHAWK............. 277,694 277,694 +003 TOMAHAWK............. 277,694 247,874 + Contract award [-26,040] + delay. + Unit cost [-3,780] + carryover. TACTICAL MISSILES 004 AMRAAM............... 326,952 326,952 005 SIDEWINDER........... 126,485 126,485 -007 STANDARD MISSILE..... 456,206 456,206 +007 STANDARD MISSILE..... 456,206 406,206 + Transition to [-50,000] + production + request + unjustified. 008 STANDARD MISSILE AP.. 66,716 66,716 -009 SMALL DIAMETER BOMB 78,867 78,867 +009 SMALL DIAMETER BOMB 78,867 74,267 II. + Contract award [-4,600] + delay. 010 RAM.................. 90,533 90,533 011 JOINT AIR GROUND 49,386 49,386 MISSILE (JAGM). -014 AERIAL TARGETS....... 174,336 174,336 -015 DRONES AND DECOYS.... 41,256 41,256 +014 AERIAL TARGETS....... 174,336 171,408 + EM443 hardware [-2,375] + procurements/ + modifications + excess growth. + EM702 ground [-553] + equipment + previously funded. +015 DRONES AND DECOYS.... 41,256 19,956 + MALD concurrency. [-21,300] 016 OTHER MISSILE SUPPORT 3,501 3,501 017 LRASM................ 168,845 168,845 018 LCS OTH MISSILE...... 32,910 32,910 MODIFICATION OF MISSILES -019 TOMAHAWK MODS........ 164,915 164,915 -020 ESSM................. 215,375 206,475 - Excessive [-8,900] +019 TOMAHAWK MODS........ 164,915 161,308 + MST kits excess [-3,607] + cost growth. +020 ESSM................. 215,375 212,637 + Excessive [-2,738] production support growth. -022 HARM MODS............ 147,572 147,572 -023 STANDARD MISSILES 83,654 17,254 +022 HARM MODS............ 147,572 122,649 + AARGM AUR [-7,060] + installation kits + excess cost + growth. + AARGM ER [-16,657] + installation kits + excess cost. + AARGM ER long [-1,206] + lead compontents + unjustified + request. +023 STANDARD MISSILES 83,654 74,654 MODS. - SM-2 Blk IIC [-66,400] - excessive - concurrency. + SM-2 BLK IIIAZ [-4,900] + Modification unit + cost growth. + Unjustified DMS [-4,100] + request. SUPPORT EQUIPMENT & FACILITIES 024 WEAPONS INDUSTRIAL 1,996 1,996 @@ -55107,7 +57752,9 @@ SEC. 4101. PROCUREMENT. 030 ASW TARGETS.......... 13,833 13,833 MOD OF TORPEDOES AND RELATED EQUIP -031 MK-54 TORPEDO MODS... 110,286 110,286 +031 MK-54 TORPEDO MODS... 110,286 103,441 + HAAWC kits early [-6,845] + to need. 032 MK-48 TORPEDO ADCAP 57,214 57,214 MODS. 033 MARITIME MINES....... 5,832 5,832 @@ -55133,9 +57780,10 @@ SEC. 4101. PROCUREMENT. SYSTEMS. SPARES AND REPAIR PARTS + UNDISTRIBUTED 045 SPARES AND REPAIR 159,578 159,578 PARTS. - TOTAL WEAPONS 4,884,995 4,809,695 + TOTAL WEAPONS 4,884,995 4,729,234 PROCUREMENT, NAVY. @@ -55154,10 +57802,15 @@ SEC. 4101. PROCUREMENT. 007 AIR EXPENDABLE 51,523 51,523 COUNTERMEASURES. 008 JATOS................ 6,761 6,761 -009 5 INCH/54 GUN 31,517 31,517 +009 5 INCH/54 GUN 31,517 29,474 AMMUNITION. -010 INTERMEDIATE CALIBER 38,005 38,005 + MK 187 mod 0 [-2,043] + projectile unit + cost growth. +010 INTERMEDIATE CALIBER 38,005 36,138 GUN AMMUNITION. + BA23 contract [-1,867] + award delay. 011 OTHER SHIP GUN 40,626 40,626 AMMUNITION. 012 SMALL ARMS & LANDING 48,202 48,202 @@ -55168,21 +57821,28 @@ SEC. 4101. PROCUREMENT. $5 MILLION. MARINE CORPS AMMUNITION + UNDISTRIBUTED 016 MORTARS.............. 46,781 46,781 017 DIRECT SUPPORT 119,504 79,662 MUNITIONS. USMC identified [-39,842] funds excess to need. -018 INFANTRY WEAPONS 83,220 83,220 +018 INFANTRY WEAPONS 83,220 73,901 AMMUNITION. + A059 unit cost [-8,195] + growth. + A940 LAP contract [-79] + price savings. + AB57 unit cost [-1,045] + growth. 019 COMBAT SUPPORT 32,650 32,650 MUNITIONS. 020 AMMO MODERNIZATION... 15,144 15,144 021 ARTILLERY MUNITIONS.. 59,539 59,539 022 ITEMS LESS THAN $5 4,142 4,142 MILLION. - TOTAL 883,602 843,760 + TOTAL 883,602 830,531 PROCUREMENT OF AMMO, NAVY & MC. @@ -55192,21 +57852,26 @@ SEC. 4101. PROCUREMENT. MISSILE SHIPS 001 OHIO REPLACEMENT 2,891,475 2,891,475 SUBMARINE. -002 OHIO REPLACEMENT 1,123,175 1,123,175 +002 OHIO REPLACEMENT 1,123,175 1,253,175 SUBMARINE AP. + Submarine [130,000] + supplier + stability. OTHER WARSHIPS 003 CARRIER REPLACEMENT 997,544 907,544 PROGRAM. Full funding [-90,000] early to need. -004 CVN-81............... 1,645,606 1,465,606 - Full funding [-180,000] +004 CVN-81............... 1,645,606 1,606,432 + Full funding [-39,174] early to need. -005 VIRGINIA CLASS 2,334,693 4,630,693 +005 VIRGINIA CLASS 2,334,693 4,620,471 SUBMARINE. Restore second [2,296,000] Virginia-class SSN. + Unjustified cost [-10,222] + growth. 006 VIRGINIA CLASS 1,901,187 2,173,187 SUBMARINE. Restore second [272,000] @@ -55217,32 +57882,46 @@ SEC. 4101. PROCUREMENT. 008 CVN REFUELING 17,384 17,384 OVERHAULS AP. 009 DDG 1000............. 78,205 78,205 -010 DDG-51............... 3,040,270 3,040,270 -011 DDG-51 AP............ 29,297 29,297 -013 FFG-FRIGATE.......... 1,053,123 954,523 - Anticipated [-98,600] - learning curve. +010 DDG-51............... 3,040,270 3,010,270 + Available prior- [-30,000] + year funds. +011 DDG-51 AP............ 29,297 334,297 + LLTM for FY22 DDG- [130,000] + 51s. + Surface ship [175,000] + supplier + stability. +013 FFG-FRIGATE.......... 1,053,123 1,053,123 AMPHIBIOUS SHIPS -014 LPD FLIGHT II........ 1,155,801 1,118,101 - Excessive unit [-37,700] +014 LPD FLIGHT II........ 1,155,801 1,125,801 + Excessive unit [-28,000] cost growth. + Transfer to Line [-2,000] + 15. +015 LPD FLIGHT II AP..... 2,000 + Transfer from [2,000] + Line 14 for LPD- + 32 and LPD-33. +017 LHA REPLACEMENT...... 500,000 + LHA-9 program [500,000] + increase. 019 EXPEDITIONARY FAST 260,000 TRANSPORT (EPF). One additional [260,000] ship. - AUXILIARIES, CRAFT - AND PRIOR YR PROGRAM - COST + UNDISTRIBUTED 022 TOWING, SALVAGE, AND 168,209 168,209 RESCUE SHIP (ATS). 023 LCU 1700............. 87,395 87,395 -024 OUTFITTING........... 825,586 825,586 +024 OUTFITTING........... 825,586 766,334 + Unjustified cost [-59,252] + growth. 026 SERVICE CRAFT........ 249,781 249,781 027 LCAC SLEP............ 56,461 56,461 028 COMPLETION OF PY 369,112 369,112 SHIPBUILDING PROGRAMS. - TOTAL 19,902,757 22,324,457 + TOTAL 19,902,757 23,409,109 SHIPBUILDING AND CONVERSION, NAVY. @@ -55253,8 +57932,12 @@ SEC. 4101. PROCUREMENT. 001 SURFACE POWER 11,738 11,738 EQUIPMENT. GENERATORS -002 SURFACE COMBATANT 58,497 58,497 +002 SURFACE COMBATANT 58,497 54,810 HM&E. + HM&E condition [-3,687] + system + unjustified + growth. NAVIGATION EQUIPMENT 003 OTHER NAVIGATION 74,084 74,084 EQUIPMENT. @@ -55263,9 +57946,10 @@ SEC. 4101. PROCUREMENT. 004 SUB PERISCOPE, 204,806 204,806 IMAGING AND SUPT EQUIP PROG. -005 DDG MOD.............. 547,569 531,169 - Excessive CSSQT [-16,400] - cost growth. +005 DDG MOD.............. 547,569 512,155 + Installation [-35,414] + excess unit cost + growth. 006 FIREFIGHTING 18,394 18,394 EQUIPMENT. 007 COMMAND AND CONTROL 2,374 2,374 @@ -55273,10 +57957,8 @@ SEC. 4101. PROCUREMENT. 008 LHA/LHD MIDLIFE...... 78,265 78,265 009 POLLUTION CONTROL 23,035 23,035 EQUIPMENT. -010 SUBMARINE SUPPORT 64,632 60,132 +010 SUBMARINE SUPPORT 64,632 64,632 EQUIPMENT. - Excess cost [-4,500] - growth. 011 VIRGINIA CLASS 22,868 22,868 SUPPORT EQUIPMENT. 012 LCS CLASS SUPPORT 3,976 3,976 @@ -55298,38 +57980,21 @@ SEC. 4101. PROCUREMENT. 019 LCAC................. 9,366 9,366 020 UNDERWATER EOD 16,842 16,842 EQUIPMENT. -021 ITEMS LESS THAN $5 105,715 95,715 +021 ITEMS LESS THAN $5 105,715 105,715 MILLION. - Cost growth...... [-10,000] 022 CHEMICAL WARFARE 3,044 3,044 DETECTORS. 023 SUBMARINE LIFE 5,885 5,885 SUPPORT SYSTEM. REACTOR PLANT EQUIPMENT -024 SHIP MAINTENANCE, 1,260,721 400,621 +024 SHIP MAINTENANCE, 1,260,721 1,248,621 REPAIR AND MODERNIZATION. LCS in-service [-12,100] modernization excess cost growth. - Realignment to [-198,000] - OPN-24A for - Shipyard - Infrastructure - Optimization Plan. - Transfer to O&M [-650,000] - for ship depot - maintenance. -024A SHIPYARD 198,000 - INFRASTRUCTURE - OPTIMIZATION PLAN. - Realignment from [198,000] - OPN-24 for - Shipyard - Infrastructure - Optimization Plan. 025 REACTOR POWER UNITS.. 5,305 5,305 026 REACTOR COMPONENTS... 415,404 415,404 OCEAN ENGINEERING @@ -55343,23 +58008,27 @@ SEC. 4101. PROCUREMENT. OTHER SHIP SUPPORT 030 LCS COMMON MISSION 39,714 39,714 MODULES EQUIPMENT. -031 LCS MCM MISSION 218,822 167,922 +031 LCS MCM MISSION 218,822 187,608 MODULES. - COBRA early to [-9,300] - need. - Program Decrease. [-41,600] -032 LCS ASW MISSION 61,759 61,759 + Excess [-31,214] + procurement ahead + of satisfactory + testing. +032 LCS ASW MISSION 61,759 38,359 MODULES. + Excess [-23,400] + procurement ahead + of satisfactory + testing. 033 LCS SUW MISSION 24,412 24,412 MODULES. -034 LCS IN-SERVICE 121,848 151,848 +034 LCS IN-SERVICE 121,848 121,848 MODERNIZATION. - Preservation of [30,000] - LCS 3 and LCS 4. -035 SMALL & MEDIUM UUV... 67,709 43,709 - Early to need [-24,000] - based on IOTE - schedule. +035 SMALL & MEDIUM UUV... 67,709 37,609 + SMCM UUV excess [-30,100] + procurement ahead + of satisfactory + testing. SHIP SONARS 037 SPQ-9B RADAR......... 27,517 27,517 038 AN/SQQ-89 SURF ASW 128,664 128,664 @@ -55378,11 +58047,12 @@ SEC. 4101. PROCUREMENT. 044 SURTASS.............. 63,838 63,838 ELECTRONIC WARFARE EQUIPMENT -045 AN/SLQ-32............ 387,195 387,195 +045 AN/SLQ-32............ 387,195 353,961 + Early to need.... [-33,234] RECONNAISSANCE EQUIPMENT -046 SHIPBOARD IW EXPLOIT. 235,744 223,644 - Excess cost [-12,100] +046 SHIPBOARD IW EXPLOIT. 235,744 227,337 + Excess cost [-8,407] growth. 047 AUTOMATED 3,862 3,862 IDENTIFICATION @@ -55434,8 +58104,10 @@ SEC. 4101. PROCUREMENT. TEST FACILITY. 071 EMI CONTROL 4,334 4,334 INSTRUMENTATION. -072 ITEMS LESS THAN $5 159,815 159,815 +072 ITEMS LESS THAN $5 159,815 154,572 MILLION. + NGSSR available [-5,243] + prior year funds. SHIPBOARD COMMUNICATIONS 073 SHIPBOARD TACTICAL 56,106 56,106 @@ -55464,9 +58136,8 @@ SEC. 4101. PROCUREMENT. (JCSE). CRYPTOGRAPHIC EQUIPMENT -081 INFO SYSTEMS SECURITY 157,551 147,551 +081 INFO SYSTEMS SECURITY 157,551 157,551 PROGRAM (ISSP). - Program decrease. [-10,000] 082 MIO INTEL 985 985 EXPLOITATION TEAM. CRYPTOLOGIC EQUIPMENT @@ -55476,9 +58147,9 @@ SEC. 4101. PROCUREMENT. SUPPORT 090 COAST GUARD EQUIPMENT 70,689 70,689 SONOBUOYS -092 SONOBUOYS--ALL TYPES. 237,639 286,639 - Inventory [49,000] - increase. +092 SONOBUOYS--ALL TYPES. 237,639 286,739 + Program increase [49,100] + for sonobuoys. AIRCRAFT SUPPORT EQUIPMENT 093 MINOTAUR............. 5,077 5,077 @@ -55494,9 +58165,24 @@ SEC. 4101. PROCUREMENT. 100 LAMPS EQUIPMENT...... 1,189 1,189 101 AVIATION SUPPORT 58,873 58,873 EQUIPMENT. -102 UMCS-UNMAN CARRIER 60,937 60,937 +102 UMCS-UNMAN CARRIER 60,937 50,970 AVIATION(UCA)MISSION CNTRL. + ARC-210 radio [-3,073] + communication + system excess to + need. + MUOS capable [-3,019] + communication + system excess to + need. + MUOS capable [-2,038] + communication + system unit cost + growth. + Ship change [-1,837] + document excess + growth. SHIP GUN SYSTEM EQUIPMENT 103 SHIP GUN SYSTEMS 5,540 5,540 @@ -55509,9 +58195,9 @@ SEC. 4101. PROCUREMENT. EQUIPMENT. Excess cost [-10,000] growth. -106 TOMAHAWK SUPPORT 84,087 76,087 +106 TOMAHAWK SUPPORT 84,087 80,482 EQUIPMENT. - TMPC cost growth. [-8,000] + TMPC cost growth. [-3,605] FBM SUPPORT EQUIPMENT 107 STRATEGIC MISSILE 258,910 258,910 SYSTEMS EQUIP. @@ -55527,8 +58213,12 @@ SEC. 4101. PROCUREMENT. MILLION. OTHER EXPENDABLE ORDNANCE -112 ANTI-SHIP MISSILE 86,356 86,356 +112 ANTI-SHIP MISSILE 86,356 72,056 DECOY SYSTEM. + AOEW production [-10,800] + ramp. + AOEW production [-3,500] + support. 113 SUBMARINE TRAINING 69,240 69,240 DEVICE MODS. 114 SURFACE TRAINING 192,245 192,245 @@ -55555,9 +58245,8 @@ SEC. 4101. PROCUREMENT. 124 SUPPLY EQUIPMENT..... 19,693 19,693 125 FIRST DESTINATION 4,956 4,956 TRANSPORTATION. -126 SPECIAL PURPOSE 668,639 638,639 +126 SPECIAL PURPOSE 668,639 668,639 SUPPLY SYSTEMS. - Program decrease. [-30,000] TRAINING DEVICES 127 TRAINING SUPPORT 4,026 4,026 EQUIPMENT. @@ -55589,11 +58278,9 @@ SEC. 4101. PROCUREMENT. 41A CLASSIFIED PROGRAMS.. 18,446 18,446 SPARES AND REPAIR PARTS -142 SPARES AND REPAIR 374,195 421,195 +142 SPARES AND REPAIR 374,195 374,195 PARTS. - SPY-1 battle [47,000] - spare. - TOTAL OTHER 10,948,518 10,236,018 + TOTAL OTHER 10,948,518 10,776,447 PROCUREMENT, NAVY. @@ -55602,22 +58289,41 @@ SEC. 4101. PROCUREMENT. TRACKED COMBAT VEHICLES 001 AAV7A1 PIP........... 87,476 87,476 -002 AMPHIBIOUS COMBAT 478,874 478,874 +002 AMPHIBIOUS COMBAT 478,874 456,328 VEHICLE FAMILY OF VEHICLES. + ILS excess growth [-2,074] + Peculiar training [-2,550] + equipment and + simulators + previously funded. + Production [-1,713] + support + previously funded. + Surface vehicle [-7,347] + cost prior year + carryover. + System [-8,862] + engineering + program + management + previously funded. 003 LAV PIP.............. 41,988 41,988 ARTILLERY AND OTHER WEAPONS 004 155MM LIGHTWEIGHT 59 59 TOWED HOWITZER. -005 ARTILLERY WEAPONS 174,687 234,337 +005 ARTILLERY WEAPONS 174,687 112,187 SYSTEM. - Ground Based Anti- [59,650] - Ship Missiles-- - USMC UPL. -006 WEAPONS AND COMBAT 24,867 24,867 + Missiles excess [-62,500] + to need. +006 WEAPONS AND COMBAT 24,867 23,957 VEHICLES UNDER $5 MILLION. + RHGPK production [-910] + units previously + funded and cost + growth. OTHER SUPPORT 007 MODIFICATION KITS.... 3,067 0 USMC funds [-3,067] @@ -55670,13 +58376,17 @@ SEC. 4101. PROCUREMENT. 026 UAS PAYLOADS......... 5,489 5,489 OTHER SUPPORT (NON- TEL) -029 NEXT GENERATION 78,922 78,922 +029 NEXT GENERATION 78,922 76,411 ENTERPRISE NETWORK (NGEN). + Network equipment [-2,511] + tech refresh + previously funded. 030 COMMON COMPUTER 35,349 35,349 RESOURCES. 031 COMMAND POST SYSTEMS. 33,713 33,713 -032 RADIO SYSTEMS........ 343,250 343,250 +032 RADIO SYSTEMS........ 343,250 340,350 + Program decrease. [-2,900] 033 COMM SWITCHING & 40,627 40,627 CONTROL SYSTEMS. 034 COMM & ELEC 43,782 43,782 @@ -55724,96 +58434,99 @@ SEC. 4101. PROCUREMENT. MILLION. SPARES AND REPAIR PARTS + UNDISTRIBUTED 053 SPARES AND REPAIR 27,295 27,295 PARTS. - TOTAL 2,903,976 2,960,559 + TOTAL 2,903,976 2,809,542 PROCUREMENT, MARINE CORPS. AIRCRAFT PROCUREMENT, AIR FORCE TACTICAL FORCES -001 F-35................. 4,567,018 4,236,018 - Excess depot [-22,000] - standup funding. +001 F-35................. 4,567,018 5,286,566 + Additional 12 F- [976,667] + 35As. Excess [-156,000] miscellaneous support costs. - Excess production [-10,000] - engineering - support. - F135 [-48,000] - affordability - challenges. - Lot 15 target [-75,000] - cost savings. - Unjustified ALIS [-20,000] - funding. + Unit cost [-101,119] + adjustment. 002 F-35 AP.............. 610,800 610,800 -004 F-15EX............... 1,269,847 1,269,847 +004 F-15EX............... 1,269,847 1,242,247 + Airframe excess [-27,600] + to need. 005 F-15EX AP............ 133,500 133,500 TACTICAL AIRLIFT -007 KC-46A MDAP.......... 2,850,151 2,189,151 - Decrease quantity [-462,000] - by three aircraft. - Prior year [-119,000] - carryover. - Spares excess to [-40,000] - need due to - quantity decrease. - Wing Air [-40,000] - Refueling Pods - early to need. +007 KC-46A MDAP.......... 2,850,151 2,707,799 + Lot 7 funding [-142,352] + excess to NTE + ceiling. OTHER AIRLIFT -008 C-130J............... 37,131 37,131 -010 MC-130J.............. 362,807 241,807 - Prior year [-121,000] - carryover. -011 MC-130J AP........... 39,987 29,987 - FY22 quantity [-10,000] +008 C-130J............... 37,131 692,131 + Additional [655,000] + aircraft. +010 MC-130J.............. 362,807 345,107 + Air force [-17,700] + identified excess + to need. +011 MC-130J AP........... 39,987 30,000 + FY22 quantity [-9,987] reduction. HELICOPTERS 012 UH-1N REPLACEMENT.... 194,016 194,016 -013 COMBAT RESCUE 973,473 973,473 +013 COMBAT RESCUE 973,473 909,909 HELICOPTER. + Modernization/ [-63,564] + upgrades ahead of + need. +013A CV-22................ 206,220 + SOCOM UPL........ [206,220] MISSION SUPPORT AIRCRAFT -015 CIVIL AIR PATROL A/C. 2,811 11,211 - Program Increase. [8,400] +015 CIVIL AIR PATROL A/C. 2,811 11,200 + Program increase. [8,389] OTHER AIRCRAFT 016 TARGET DRONES........ 133,273 133,273 -018 COMPASS CALL......... 161,117 291,117 - Program increase. [130,000] -020 MQ-9................. 29,409 120,209 +018 COMPASS CALL......... 161,117 161,117 +020 MQ-9................. 29,409 108,000 Program increase. [108,000] - Unjustified [-17,200] - request. + Shutdown costs [-29,409] + ahead of need. STRATEGIC AIRCRAFT -022 B-1.................. 3,853 3,853 +022 B-1.................. 3,853 0 + USAF-requested [-3,853] + transfer to RDAF + Line 174. 023 B-2A................. 31,476 31,476 -024 B-1B................. 21,808 1,808 - Slow [-20,000] - modernization - execution. -025 B-52................. 53,949 22,249 - GPS IU early to [-28,700] - need. - Tactical data [-3,000] - link contract - delay. -025A LONG-RANGE STRIKE 20,000 - BOMBER ADVANCED - PROCUREMENT. - Advanced [20,000] - procurement. +024 B-1B................. 21,808 21,808 +025 B-52................. 53,949 28,078 + Bomber TDL [-2,000] + install funds + ahead of need. + GPS-IU funding [-23,871] + ahead of need. 026 LARGE AIRCRAFT 9,999 9,999 INFRARED COUNTERMEASURES. TACTICAL AIRCRAFT 027 A-10................. 135,793 135,793 028 E-11 BACN/HAG........ 33,645 33,645 -029 F-15................. 349,304 349,304 -030 F-16................. 615,760 615,760 +029 F-15................. 349,304 329,242 + APG-82 common [-12,012] + configuration + excess to need. + MUOS ahead of [-8,050] + need. +030 F-16................. 615,760 587,892 + Additional radars [25,000] + AIFF Mode 5--AF [-9,868] + requested + transfer to RDTE, + AF line 187. + Comm suite [-43,000] + upgrade excess to + need. 032 F-22A................ 387,905 361,705 Contract delays.. [-26,200] 033 F-35 MODIFICATIONS... 322,185 290,485 @@ -55828,11 +58541,11 @@ SEC. 4101. PROCUREMENT. directives and service bulletins. AIRLIFT AIRCRAFT -037 C-5.................. 62,108 50,008 - Unjustified PMA [-12,100] +037 C-5.................. 62,108 50,279 + Unjustified PMA [-11,829] cost growth. -038 C-17A................ 66,798 56,798 - BLOS ahead of [-10,000] +038 C-17A................ 66,798 44,798 + BLOS ahead of [-22,000] need. 040 C-32A................ 2,947 2,947 041 C-37A................ 12,985 5,985 @@ -55844,7 +58557,7 @@ SEC. 4101. PROCUREMENT. 044 T-1.................. 4,465 4,465 045 T-38................. 36,806 41,806 T-38 ejection [5,000] - seat improvements. + seats. OTHER AIRCRAFT 046 U-2 MODS............. 110,618 110,618 047 KC-10A (ATCA)........ 117 117 @@ -55852,8 +58565,8 @@ SEC. 4101. PROCUREMENT. 050 C-40................. 9,252 7,252 SATCOM installs [-2,000] ahead of need. -051 C-130................ 5,871 140,671 - AMP 1 excess to [-3,800] +051 C-130................ 5,871 140,630 + AMP 1 excess to [-3,841] need. Eight-bladed [55,000] propeller upgrade @@ -55868,10 +58581,21 @@ SEC. 4101. PROCUREMENT. 053 C-135................ 88,250 86,450 Other government [-1,800] cost growth. -055 COMPASS CALL......... 193,389 193,389 +055 COMPASS CALL......... 193,389 169,653 + Baseline 3 [-8,706] + installation + delays. + Baseline 4 cost [-15,030] + discrepancies. 057 RC-135............... 191,332 191,332 -058 E-3.................. 172,141 172,141 -059 E-4.................. 58,803 58,803 +058 E-3.................. 172,141 135,740 + NATO AWACS-- [-36,401] + transfer to line + 88. +059 E-4.................. 58,803 44,140 + Funds rephased to [-14,663] + future fiscal + years. 060 E-8.................. 11,037 38,037 Program increase. [27,000] 061 AIRBORNE WARNING AND 53,343 53,343 @@ -55881,17 +58605,27 @@ SEC. 4101. PROCUREMENT. OF-SIGHT TERMINALS. 063 H-1.................. 4,410 4,410 064 H-60................. 44,538 44,538 -065 RQ-4 MODS............ 40,468 40,468 +065 RQ-4 MODS............ 40,468 12,350 + ASIP SW/HW [-2,000] + upgrades and + support forward + financed. + Unjustified mod [-26,118] + funding. 066 HC/MC-130 20,780 20,780 MODIFICATIONS. 067 OTHER AIRCRAFT....... 100,774 100,774 068 MQ-9 MODS............ 188,387 188,387 -070 CV-22 MODS........... 122,306 328,506 - SOCOM UPL........ [206,200] +070 CV-22 MODS........... 122,306 122,306 AIRCRAFT SPARES AND REPAIR PARTS -071 INITIAL SPARES/REPAIR 926,683 915,383 +071 INITIAL SPARES/REPAIR 926,683 919,347 PARTS. + F-15 EPAWSS [-6,036] + spares excess to + need. + F-35A initial [10,000] + spares increase. Unobligated [-11,300] balances--F-16s. COMMON SUPPORT @@ -55917,11 +58651,17 @@ SEC. 4101. PROCUREMENT. 086 WAR CONSUMABLES...... 36,046 36,046 OTHER PRODUCTION CHARGES -087 OTHER PRODUCTION 1,439,640 1,439,640 +087 OTHER PRODUCTION 1,439,640 1,551,041 CHARGES. + Classified [75,000] + increase. + NATO AWACS-- [36,401] + transfer from + line 58. CLASSIFIED PROGRAMS + UNDISTRIBUTED 89A CLASSIFIED PROGRAMS.. 21,692 21,692 - TOTAL AIRCRAFT 17,908,145 17,233,745 + TOTAL AIRCRAFT 17,908,145 19,282,613 PROCUREMENT, AIR FORCE. @@ -55938,34 +58678,46 @@ SEC. 4101. PROCUREMENT. STANDOFF MISSILE. 005 LRASM0............... 19,800 19,800 006 SIDEWINDER (AIM-9X).. 164,769 164,769 -007 AMRAAM............... 453,223 453,223 +007 AMRAAM............... 453,223 451,923 + AUR u/c growth... [-1,300] 008 PREDATOR HELLFIRE 40,129 40,129 MISSILE. 009 SMALL DIAMETER BOMB.. 45,475 45,475 -010 SMALL DIAMETER BOMB 273,272 273,272 +010 SMALL DIAMETER BOMB 273,272 237,932 II. + Deliveries behind [-35,340] + schedule. INDUSTRIAL FACILITIES 011 INDUSTR'L PREPAREDNS/ 814 814 POL PREVENTION. CLASS IV 013 ICBM FUZE MOD........ 3,458 3,458 014 ICBM FUZE MOD AP..... 43,450 43,450 -015 MM III MODIFICATIONS. 85,310 85,310 +015 MM III MODIFICATIONS. 85,310 81,137 + Initial spares-- [-4,173] + AF requested + transfer to line + 18. 016 AGM-65D MAVERICK..... 298 298 017 AIR LAUNCH CRUISE 52,924 52,924 MISSILE (ALCM). MISSILE SPARES AND REPAIR PARTS -018 MSL SPRS/REPAIR PARTS 9,402 9,402 +018 MSL SPRS/REPAIR PARTS 9,402 13,575 (INITIAL). + Initial spares-- [4,173] + AF requested + transfer from + line 15. 019 MSL SPRS/REPAIR PARTS 84,671 84,671 (REPLEN). SPECIAL PROGRAMS 025 SPECIAL UPDATE 23,501 23,501 PROGRAMS. CLASSIFIED PROGRAMS + UNDISTRIBUTED 25A CLASSIFIED PROGRAMS.. 540,465 540,465 - TOTAL MISSILE 2,396,417 2,396,417 + TOTAL MISSILE 2,396,417 2,359,777 PROCUREMENT, AIR FORCE. @@ -55993,10 +58745,13 @@ SEC. 4101. PROCUREMENT. FLARES 015 FLARES............... 40,088 40,088 FUZES -016 FUZES................ 40,983 40,983 +016 FUZES................ 40,983 38,901 + C-HOBS ahead of [-2,082] + need. SMALL ARMS + UNDISTRIBUTED 017 SMALL ARMS........... 13,925 13,925 - TOTAL 596,338 596,338 + TOTAL 596,338 594,256 PROCUREMENT OF AMMUNITION, AIR FORCE. @@ -56005,12 +58760,10 @@ SEC. 4101. PROCUREMENT. FORCE SPACE PROCUREMENT, SF 001 ADVANCED EHF......... 14,823 14,823 -002 AF SATELLITE COMM 48,326 43,326 +002 AF SATELLITE COMM 48,326 48,326 SYSTEM. - Insufficient [-5,000] - justification. -003 COUNTERSPACE SYSTEMS. 65,540 57,540 - Insufficient [-8,000] +003 COUNTERSPACE SYSTEMS. 65,540 49,155 + Insufficient [-16,385] justification. 004 FAMILY OF BEYOND LINE- 66,190 66,190 OF-SIGHT TERMINALS. @@ -56028,22 +58781,28 @@ SEC. 4101. PROCUREMENT. 011 SBIR HIGH (SPACE).... 160,891 160,891 012 SPECIAL SPACE 78,387 78,387 ACTIVITIES. -013 NATIONAL SECURITY 1,043,171 1,043,171 +013 NATIONAL SECURITY 1,043,171 948,171 SPACE LAUNCH. + Launch services [-95,000] + unjustified + increase. 014 NUDET DETECTION 6,638 6,638 SYSTEM. 015 ROCKET SYSTEMS LAUNCH 47,741 47,741 PROGRAM. 016 SPACE FENCE.......... 11,279 11,279 -017 SPACE MODS........... 96,551 86,551 +017 SPACE MODS........... 96,551 88,706 Insufficient [-10,000] justification. -018 SPACELIFT RANGE 100,492 100,492 + Transfer from [2,155] + OP,AF line 22. +018 SPACELIFT RANGE 100,492 90,492 SYSTEM SPACE. + Underexecution... [-10,000] SPARES 019 SPARES AND REPAIR 1,272 1,272 PARTS. - TOTAL 2,446,064 2,408,064 + TOTAL 2,446,064 2,301,834 PROCUREMENT, SPACE FORCE. @@ -56067,11 +58826,8 @@ SEC. 4101. PROCUREMENT. VEHICLE. 006 SECURITY AND TACTICAL 319 319 VEHICLES. -007 SPECIAL PURPOSE 43,157 34,381 +007 SPECIAL PURPOSE 43,157 43,157 VEHICLES. - Program decrease. [-2,500] - Unjustified [-6,276] - request. FIRE FIGHTING EQUIPMENT 008 FIRE FIGHTING/CRASH 8,621 8,621 @@ -56090,12 +58846,18 @@ SEC. 4101. PROCUREMENT. EQUIPMENT(COMSEC) 013 COMSEC EQUIPMENT..... 54,864 54,864 INTELLIGENCE PROGRAMS -014 INTERNATIONAL INTEL 9,283 9,283 +014 INTERNATIONAL INTEL 9,283 10,783 TECH & ARCHITECTURES. + PDI: Mission [1,500] + Partner + Environment BICES- + X local upgrades. 015 INTELLIGENCE TRAINING 6,849 6,849 EQUIPMENT. -016 INTELLIGENCE COMM 33,471 33,471 +016 INTELLIGENCE COMM 33,471 30,191 EQUIPMENT. + IMAD acquisition [-3,280] + materials. ELECTRONICS PROGRAMS 017 AIR TRAFFIC CONTROL & 29,409 29,409 LANDING SYS. @@ -56107,8 +58869,10 @@ SEC. 4101. PROCUREMENT. FORECAST. 021 STRATEGIC COMMAND AND 31,353 31,353 CONTROL. -022 CHEYENNE MOUNTAIN 10,314 10,314 +022 CHEYENNE MOUNTAIN 10,314 8,199 COMPLEX. + Transfer to P,SF [-2,115] + line 17. 023 MISSION PLANNING 15,132 15,132 SYSTEMS. 025 INTEGRATED STRAT PLAN 9,806 9,806 @@ -56125,10 +58889,12 @@ SEC. 4101. PROCUREMENT. 030 AIR FORCE PHYSICAL 96,277 93,777 SECURITY SYSTEM. Program decrease. [-2,500] -031 COMBAT TRAINING 195,185 195,185 +031 COMBAT TRAINING 195,185 193,185 RANGES. -032 MINIMUM ESSENTIAL 29,664 29,664 + forward financing [-2,000] +032 MINIMUM ESSENTIAL 29,664 21,664 EMERGENCY COMM N. + Schedule slips... [-8,000] 033 WIDE AREA 59,633 59,633 SURVEILLANCE (WAS). 034 C3 COUNTERMEASURES... 105,584 105,584 @@ -56154,8 +58920,12 @@ SEC. 4101. PROCUREMENT. 046 TACTICAL C-E 137,033 137,033 EQUIPMENT. 047 RADIO EQUIPMENT...... 15,264 15,264 -049 BASE COMM 132,281 132,281 +049 BASE COMM 132,281 146,281 INFRASTRUCTURE. + PDI: Mission [14,000] + Partner + Environment + PACNET. MODIFICATIONS 050 COMM ELECT MODS...... 21,471 21,471 PERSONAL SAFETY & @@ -56174,15 +58944,11 @@ SEC. 4101. PROCUREMENT. EQUIPMENT. 055 ENGINEERING AND EOD 7,700 7,700 EQUIPMENT. -056 MOBILITY EQUIPMENT... 18,266 22,966 - Program increase. [4,700] +056 MOBILITY EQUIPMENT... 18,266 18,266 057 FUELS SUPPORT 9,601 9,601 EQUIPMENT (FSE). -058 BASE MAINTENANCE AND 42,078 30,378 +058 BASE MAINTENANCE AND 42,078 42,078 SUPPORT EQUIPMENT. - Program decrease. [-4,700] - Unjustified [-7,000] - request. SPECIAL SUPPORT PROJECTS 060 DARP RC135........... 27,164 27,164 @@ -56190,8 +58956,8 @@ SEC. 4101. PROCUREMENT. 063 SPECIAL UPDATE 782,641 782,641 PROGRAM. CLASSIFIED PROGRAMS -63A CLASSIFIED PROGRAMS.. 21,086,112 21,026,112 - Program [-60,000] +63A CLASSIFIED PROGRAMS.. 21,086,112 21,041,612 + Program [-44,500] adjustment. SPARES AND REPAIR PARTS @@ -56199,7 +58965,7 @@ SEC. 4101. PROCUREMENT. PARTS (CYBER). 065 SPARES AND REPAIR 15,847 15,847 PARTS. - TOTAL OTHER 23,695,720 23,618,185 + TOTAL OTHER 23,695,720 23,649,566 PROCUREMENT, AIR FORCE. @@ -56228,16 +58994,19 @@ SEC. 4101. PROCUREMENT. COMMUNICATION AGENCY. 018 SENIOR LEADERSHIP 35,935 35,935 ENTERPRISE. -019 JOINT REGIONAL 88,741 8,741 +019 JOINT REGIONAL 88,741 88,741 SECURITY STACKS (JRSS). - Program decrease. [-80,000] 020 JOINT SERVICE 157,538 157,538 PROVIDER. 021 FOURTH ESTATE NETWORK 42,084 42,084 OPTIMIZATION (4ENO). MAJOR EQUIPMENT, DLA -023 MAJOR EQUIPMENT...... 417,459 417,459 +023 MAJOR EQUIPMENT...... 417,459 410,459 + MGUE--DLA [-7,000] + requested + transfer to + RDTE,DW line 54. MAJOR EQUIPMENT, DCSA 003 MAJOR EQUIPMENT...... 2,212 2,212 MAJOR EQUIPMENT, TJS @@ -56247,12 +59016,18 @@ SEC. 4101. PROCUREMENT. MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY -031 THAAD................ 495,396 601,396 - THAAD battery #8. [106,000] +031 THAAD................ 495,396 601,796 + 8th THAAD battery [76,300] + components. + HEMTT life-of- [30,100] + type buy. 034 AEGIS BMD............ 356,195 356,195 035 AEGIS BMD AP......... 44,901 44,901 -037 SM-3 IIAS............ 218,322 333,322 - Increase SM-3 [115,000] +036 BMDS AN/TPY-2 RADARS. 243,300 + 8th THAAD battery [243,300] + radar equipment. +037 SM-3 IIAS............ 218,322 324,322 + Increase SM-3 [106,000] Block IIA quantities. 038 ARROW 3 UPPER TIER 77,000 77,000 @@ -56289,21 +59064,18 @@ SEC. 4101. PROCUREMENT. DMACT 024 MAJOR EQUIPMENT...... 7,993 7,993 CLASSIFIED PROGRAMS -54A CLASSIFIED PROGRAMS.. 554,264 554,264 +54A CLASSIFIED PROGRAMS.. 554,264 551,864 + Classified [-2,400] + adjustment. AVIATION PROGRAMS -055 ARMED OVERWATCH/ 101,000 53,000 +055 ARMED OVERWATCH/ 101,000 0 TARGETING. - Program decrease. [-80,000] - U.S. Special [32,000] - Operations - Command Armed - Overwatch program. + Program decrease. [-101,000] 059 ROTARY WING UPGRADES 211,041 211,041 AND SUSTAINMENT. -060 UNMANNED ISR......... 25,488 20,488 - Program decrease. [-5,000] -061 NON-STANDARD AVIATION 61,874 56,874 - Program decrease. [-5,000] +060 UNMANNED ISR......... 25,488 24,488 + Program decrease. [-1,000] +061 NON-STANDARD AVIATION 61,874 61,874 062 U-28................. 3,825 3,825 063 MH-47 CHINOOK........ 135,482 135,482 064 CV-22 MODIFICATION... 14,829 14,829 @@ -56312,7 +59084,9 @@ SEC. 4101. PROCUREMENT. 066 PRECISION STRIKE 243,111 238,111 PACKAGE. Program decrease. [-5,000] -067 AC/MC-130J........... 163,914 163,914 +067 AC/MC-130J........... 163,914 153,914 + RFCM excess to [-10,000] + need. 068 C-130 MODIFICATIONS.. 20,414 20,414 SHIPBUILDING 069 UNDERWATER SYSTEMS... 20,556 20,556 @@ -56324,7 +59098,9 @@ SEC. 4101. PROCUREMENT. 072 DISTRIBUTED COMMON 11,645 11,645 GROUND/SURFACE SYSTEMS. -073 OTHER ITEMS <$5M..... 96,333 96,333 +073 OTHER ITEMS <$5M..... 96,333 84,107 + MMP excess to [-12,226] + need. 074 COMBATANT CRAFT 17,278 17,278 SYSTEMS. 075 SPECIAL PROGRAMS..... 78,865 71,365 @@ -56336,46 +59112,51 @@ SEC. 4101. PROCUREMENT. 079 GLOBAL VIDEO 2,401 2,401 SURVEILLANCE ACTIVITIES. -080 OPERATIONAL 13,861 8,861 +080 OPERATIONAL 13,861 13,861 ENHANCEMENTS INTELLIGENCE. - Program decrease. [-5,000] -081 OPERATIONAL 247,038 242,038 +081 OPERATIONAL 247,038 247,038 ENHANCEMENTS. - Program decrease. [-5,000] CBDP 082 CHEMICAL BIOLOGICAL 147,150 147,150 SITUATIONAL AWARENESS. 083 CB PROTECTION & 149,944 149,944 HAZARD MITIGATION. - TOTAL 5,324,487 5,384,987 + TOTAL 5,324,487 5,634,061 PROCUREMENT, DEFENSE-WIDE. - TOTAL 130,684,160 132,844,847 + TOTAL 130,684,160 136,585,222 PROCUREMENT. ------------------------------------------------------------------------ + SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. ------------------------------------------------------------------------ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2021 House + FY 2021 Conference Line Item Request Authorized ------------------------------------------------------------------------ AIRCRAFT PROCUREMENT, ARMY + FIXED WING +002 MQ-1 UAV............. 110,000 + Additional [110,000] + aircraft. ROTARY -009 AH-64 APACHE BLOCK 69,154 64,354 +009 AH-64 APACHE BLOCK 69,154 69,154 IIIB NEW BUILD. - Unjustified costs [-4,800] 014 CH-47 HELICOPTER..... 50,472 50,472 MODIFICATION OF AIRCRAFT -017 MQ-1 PAYLOAD (MIP)... 5,968 5,968 +017 MQ-1 PAYLOAD (MIP)... 5,968 0 + Justification [-5,968] + does not match + need. 020 MULTI SENSOR ABN 122,520 122,520 RECON (MIP). 025 EMARSS SEMA MODS 26,460 26,460 @@ -56389,9 +59170,10 @@ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands COUNTERMEASURES (CIRCM). OTHER SUPPORT + UNDISTRIBUTED 041 AIRCREW INTEGRATED 3,028 3,028 SYSTEMS. - TOTAL AIRCRAFT 461,080 456,280 + TOTAL AIRCRAFT 461,080 565,112 PROCUREMENT, ARMY. @@ -56408,13 +59190,14 @@ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands MISSILE SYS 011 GUIDED MLRS ROCKET 127,015 127,015 (GMLRS). -015 LETHAL MINIATURE 84,993 84,993 +015 LETHAL MINIATURE 84,993 69,393 AERIAL MISSILE SYSTEM (LMAMS. + Contract delays.. [-15,600] MODIFICATIONS 017 ATACMS MODS.......... 78,434 78,434 022 MLRS MODS............ 20,000 20,000 - TOTAL MISSILE 881,592 881,592 + TOTAL MISSILE 881,592 865,992 PROCUREMENT, ARMY. @@ -56722,7 +59505,12 @@ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands 013 COMBAT RESCUE 174,000 174,000 HELICOPTER. OTHER AIRCRAFT -020 MQ-9................. 142,490 142,490 +020 MQ-9................. 142,490 57,900 + ECP excess to [-8,600] + need. + Production line [-75,990] + shutdown ahead of + need. 021 RQ-20B PUMA.......... 13,770 13,770 STRATEGIC AIRCRAFT 026 LARGE AIRCRAFT 57,521 57,521 @@ -56746,7 +59534,7 @@ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands EQUIPMENT 073 AIRCRAFT REPLACEMENT 25,614 25,614 SUPPORT EQUIP. - TOTAL AIRCRAFT 569,155 586,555 + TOTAL AIRCRAFT 569,155 501,965 PROCUREMENT, AIR FORCE. @@ -56778,6 +59566,7 @@ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands FUZES 016 FUZES................ 107,855 107,855 SMALL ARMS + UNDISTRIBUTED 017 SMALL ARMS........... 6,217 6,217 TOTAL 802,455 802,455 PROCUREMENT OF @@ -56864,6 +59653,9 @@ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands 8. 057 MC-12................ 5,000 5,000 060 UNMANNED ISR......... 8,207 8,207 +062 U-28................. 24,711 + Combat loss [24,711] + replacement. AMMUNITION PROGRAMS 070 ORDNANCE ITEMS <$5M.. 105,355 105,355 OTHER PROCUREMENT @@ -56871,12 +59663,7 @@ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands 071 INTELLIGENCE SYSTEMS. 16,234 16,234 073 OTHER ITEMS <$5M..... 984 984 076 TACTICAL VEHICLES.... 2,990 2,990 -077 WARRIOR SYSTEMS <$5M. 32,573 37,573 - Development of [5,000] - autonomous, multi- - sensor cUAS - capabilities with - kinetic effects. +077 WARRIOR SYSTEMS <$5M. 32,573 32,573 078 COMBAT MISSION 10,000 10,000 REQUIREMENTS. 080 OPERATIONAL 6,724 6,724 @@ -56884,7 +59671,7 @@ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands INTELLIGENCE. 081 OPERATIONAL 53,264 53,264 ENHANCEMENTS. - TOTAL 258,491 303,591 + TOTAL 258,491 323,302 PROCUREMENT, DEFENSE-WIDE. @@ -56904,83 +59691,100 @@ SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands RESERVE EQUIPMENT. - TOTAL 5,128,098 5,485,798 + TOTAL 5,128,098 5,514,151 PROCUREMENT. ------------------------------------------------------------------------ + TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION +Sec. 4201. Research, development, test, and evaluation. +Sec. 4202. Research, development, test, and evaluation for overseas + contingency operations. SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. ---------------------------------------------------------------------------------------------------------------- SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) ----------------------------------------------------------------------------------------------------------------- - FY 2021 House + FY 2021 Conference Line Program Element Item Request Authorized ---------------------------------------------------------------------------------------------------------------- .................................. RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY .................................. BASIC RESEARCH - 002 0601102A DEFENSE RESEARCH SCIENCES......... 303,257 308,257 + 002 0601102A DEFENSE RESEARCH SCIENCES......... 303,257 318,257 .................................. Counter-UAS Army research lab. [5,000] - 003 0601103A UNIVERSITY RESEARCH INITIATIVES... 67,148 67,148 - 004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 87,877 96,877 + .................................. Increase in basic research.... [10,000] + 003 0601103A UNIVERSITY RESEARCH INITIATIVES... 67,148 72,148 + .................................. Program increase.............. [5,000] + 004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 87,877 101,877 CENTERS. .................................. Automotive research center [5,000] modeling and simulation. .................................. Biotechnology advancements.... [4,000] + .................................. Program increase.............. [5,000] 005 0601121A CYBER COLLABORATIVE RESEARCH 5,077 5,077 ALLIANCE. - .................................. SUBTOTAL BASIC RESEARCH........ 463,359 477,359 + .................................. SUBTOTAL BASIC RESEARCH........ 463,359 497,359 .................................. .................................. APPLIED RESEARCH 007 0602115A BIOMEDICAL TECHNOLOGY............. 11,835 11,835 011 0602134A COUNTER IMPROVISED-THREAT ADVANCED 2,000 2,000 STUDIES. - 012 0602141A LETHALITY TECHNOLOGY.............. 42,425 47,425 + 012 0602141A LETHALITY TECHNOLOGY.............. 42,425 50,425 + .................................. Hybrid additive manufacturing. [3,000] .................................. Next generation additive [5,000] manufacturing and 3-D printed electronics. - 013 0602142A ARMY APPLIED RESEARCH............. 30,757 30,757 - 014 0602143A SOLDIER LETHALITY TECHNOLOGY...... 125,435 132,435 + 013 0602142A ARMY APPLIED RESEARCH............. 30,757 33,757 + .................................. Pathfinder Air Assault........ [3,000] + 014 0602143A SOLDIER LETHALITY TECHNOLOGY...... 125,435 137,435 .................................. HEROES program increase....... [5,000] + .................................. Pathfinder Airborne........... [5,000] .................................. Syn-bio enabled functional [2,000] materials for the soldier. - 015 0602144A GROUND TECHNOLOGY................. 28,047 45,047 + 015 0602144A GROUND TECHNOLOGY................. 28,047 47,047 .................................. Cold weather military research [2,000] + .................................. Ground technology advanced [2,000] + manufacturing, materials and + process initiative. .................................. Materials recovery [10,000] technologies for defense supply resiliency. .................................. Polymeric composites via cold [5,000] spray additive manufacturing. - 016 0602145A NEXT GENERATION COMBAT VEHICLE 217,565 217,565 + 016 0602145A NEXT GENERATION COMBAT VEHICLE 217,565 227,565 TECHNOLOGY. + .................................. Ground combat vehicle platform [2,000] + electrification. + .................................. Immersive virtual modeling and [5,000] + simulation techniques. + .................................. Next Generation Combat Vehicle [3,000] + modeling and simulation. 017 0602146A NETWORK C3I TECHNOLOGY............ 114,404 129,404 .................................. Alternative positioning [5,000] navigation and timing. - .................................. Multi-drone/multi-sensor [2,000] - intelligence, surveillance, - and reconnaissance - capabilities. + .................................. Defense resiliency platform [3,000] + against extreme cold weather. + .................................. Multi-drone multi-sensor ISR [2,000] + capability. .................................. Program increase.............. [5,000] - .................................. Sensor and electronic network [3,000] - initatives. - 018 0602147A LONG RANGE PRECISION FIRES 60,553 60,553 + 018 0602147A LONG RANGE PRECISION FIRES 60,553 65,553 TECHNOLOGY. + .................................. Composite artillery tube and [5,000] + propulsion prototyping. 019 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 96,484 101,484 .................................. High density eVOTL power [5,000] source research. - 020 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 56,298 76,298 - .................................. Advanced tracking and [5,000] - targeting capability. + 020 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 56,298 66,298 + .................................. Advanced beam control tracking [5,000] + and targeting. .................................. High energy laser technology.. [5,000] - .................................. Radar research................ [5,000] - .................................. UAS threat detection.......... [5,000] 022 0602213A C3I APPLIED CYBER................. 18,816 18,816 040 0602785A MANPOWER/PERSONNEL/TRAINING 20,766 20,766 TECHNOLOGY. 042 0602787A MEDICAL TECHNOLOGY................ 95,496 95,496 - .................................. SUBTOTAL APPLIED RESEARCH...... 920,881 989,881 + .................................. SUBTOTAL APPLIED RESEARCH...... 920,881 1,007,881 .................................. .................................. ADVANCED TECHNOLOGY DEVELOPMENT 044 0603002A MEDICAL ADVANCED TECHNOLOGY....... 38,896 38,896 @@ -56989,81 +59793,95 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 052 0603115A MEDICAL DEVELOPMENT............... 27,723 27,723 053 0603117A ARMY ADVANCED TECHNOLOGY 62,663 62,663 DEVELOPMENT. - 054 0603118A SOLDIER LETHALITY ADVANCED 109,608 118,608 + 054 0603118A SOLDIER LETHALITY ADVANCED 109,608 120,608 TECHNOLOGY. + .................................. 3D advanced manufacturing..... [2,000] .................................. Advanced AI/AA analytics for [5,000] modernization and readiness. .................................. Anthropomorphic study for body [4,000] armor modernization. - 055 0603119A GROUND ADVANCED TECHNOLOGY........ 14,795 23,295 + 055 0603119A GROUND ADVANCED TECHNOLOGY........ 14,795 22,795 + .................................. Graphene applications for [3,000] + military engineering. .................................. Rapid entry and sustainment [5,000] for the arctic. - .................................. Survivability and energy [3,500] - reduction of hard shelters. 059 0603134A COUNTER IMPROVISED-THREAT 25,000 25,000 SIMULATION. 063 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 23,357 23,357 - 064 0603461A HIGH PERFORMANCE COMPUTING 188,024 188,024 + 064 0603461A HIGH PERFORMANCE COMPUTING 188,024 193,024 MODERNIZATION PROGRAM. - 065 0603462A NEXT GENERATION COMBAT VEHICLE 199,358 216,358 + .................................. High performance computing [5,000] + modernization. + 065 0603462A NEXT GENERATION COMBAT VEHICLE 199,358 231,858 ADVANCED TECHNOLOGY. - .................................. Cyber security support for [2,000] - vehicle development. - .................................. Fuel cell powered vehicle [15,000] + .................................. Carbon fiber and graphitic [10,000] + composites. + .................................. Fuel cell powered vehicle [10,000] development. + .................................. Small unit ground robotic [7,500] + capabilities. + .................................. Virtual experimentations [5,000] + enhancement. 066 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 158,608 163,608 .................................. Tactical geospatial [5,000] information development. 067 0603464A LONG RANGE PRECISION FIRES 121,060 131,060 ADVANCED TECHNOLOGY. - .................................. Hypervelocity projectile...... [10,000] + .................................. Hypervelocity projectile-- [10,000] + extended range technologies. 068 0603465A FUTURE VERTICAL LIFT ADVANCED 156,194 156,194 TECHNOLOGY. - 069 0603466A AIR AND MISSILE DEFENSE ADVANCED 58,130 63,130 + 069 0603466A AIR AND MISSILE DEFENSE ADVANCED 58,130 73,630 TECHNOLOGY. + .................................. High-energy laser system [10,500] + characterization lab. .................................. Program acceleration.......... [5,000] 077 0603920A HUMANITARIAN DEMINING............. 8,515 8,515 - .................................. SUBTOTAL ADVANCED TECHNOLOGY 1,203,590 1,258,090 + .................................. SUBTOTAL ADVANCED TECHNOLOGY 1,203,590 1,290,590 DEVELOPMENT. .................................. .................................. ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES - 078 0603305A ARMY MISSLE DEFENSE SYSTEMS 11,062 21,062 + 078 0603305A ARMY MISSLE DEFENSE SYSTEMS 11,062 24,062 INTEGRATION. .................................. Accelerated test and [10,000] integration. + .................................. Hypersonic hot air tunnel test [3,000] + environment. 079 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 26,230 26,230 080 0603327A AIR AND MISSILE DEFENSE SYSTEMS 26,482 26,482 ENGINEERING. - 081 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,092 66,092 + 081 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,092 61,858 DEV. + .................................. Interim top attack support [-4,234] + costs carryover. .................................. MICLIC replacement development [2,000] 083 0603639A TANK AND MEDIUM CALIBER AMMUNITION 92,753 92,753 - 084 0603645A ARMORED SYSTEM MODERNIZATION--ADV 151,478 163,978 + 084 0603645A ARMORED SYSTEM MODERNIZATION--ADV 151,478 136,478 DEV. - .................................. Fuel cell powered vehicle [15,000] - development. - .................................. Modeling and simulation [12,500] - support for vehicle - development. .................................. Program decrease.............. [-15,000] 085 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 5,841 5,841 - 086 0603766A TACTICAL ELECTRONIC SURVEILLANCE 194,775 194,775 + 086 0603766A TACTICAL ELECTRONIC SURVEILLANCE 194,775 182,400 SYSTEM--ADV DEV. + .................................. MDSS sensor development [-12,375] + contract ahead of need. 087 0603774A NIGHT VISION SYSTEMS ADVANCED 24,316 24,316 DEVELOPMENT. 088 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 13,387 13,387 DEM/VAL. 089 0603790A NATO RESEARCH AND DEVELOPMENT..... 4,762 4,762 - 090 0603801A AVIATION--ADV DEV................. 647,937 647,937 + 090 0603801A AVIATION--ADV DEV................. 647,937 652,937 + .................................. Future Long Range Assault [5,000] + Aircraft (FLRAA). 091 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 4,761 4,761 ADV DEV. 092 0603807A MEDICAL SYSTEMS--ADV DEV.......... 28,520 28,520 - 093 0603827A SOLDIER SYSTEMS--ADVANCED 26,138 23,138 + 093 0603827A SOLDIER SYSTEMS--ADVANCED 26,138 24,138 DEVELOPMENT. - .................................. IHPS program delays........... [-3,000] - 094 0604017A ROBOTICS DEVELOPMENT.............. 121,207 115,407 - .................................. Program reduction............. [-5,800] + .................................. IHPS program delays........... [-2,000] + 094 0604017A ROBOTICS DEVELOPMENT.............. 121,207 114,792 + .................................. Excess testing and evaluation [-6,415] + growth. 096 0604021A ELECTRONIC WARFARE TECHNOLOGY 22,840 22,840 MATURATION (MIP). 097 0604035A LOW EARTH ORBIT (LEO) SATELLITE 22,678 22,678 @@ -57075,7 +59893,9 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. SYSTEM (FTUAS). 101 0604114A LOWER TIER AIR MISSILE DEFENSE 376,373 376,373 (LTAMD) SENSOR. - 102 0604115A TECHNOLOGY MATURATION INITIATIVES. 156,834 156,834 + 102 0604115A TECHNOLOGY MATURATION INITIATIVES. 156,834 146,834 + .................................. OpFires lack of transition [-10,000] + pathway. 103 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 4,995 4,995 (M-SHORAD). 105 0604119A ARMY ADVANCED COMPONENT 170,490 170,490 @@ -57093,15 +59913,19 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 112 0604541A UNIFIED NETWORK TRANSPORT......... 40,677 40,677 115 0305251A CYBERSPACE OPERATIONS FORCES AND 50,525 50,525 FORCE SUPPORT. - .................................. SUBTOTAL ADVANCED COMPONENT 3,421,608 3,447,308 + .................................. SUBTOTAL ADVANCED COMPONENT 3,421,608 3,401,584 DEVELOPMENT & PROTOTYPES. .................................. .................................. SYSTEM DEVELOPMENT & DEMONSTRATION 118 0604201A AIRCRAFT AVIONICS................. 2,764 2,764 - 119 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 62,426 62,426 - 121 0604601A INFANTRY SUPPORT WEAPONS.......... 91,574 98,574 + 119 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 62,426 59,026 + .................................. MFEW developmenal test flight [-3,400] + ahead of need. + 121 0604601A INFANTRY SUPPORT WEAPONS.......... 91,574 89,770 .................................. Advanced gunner protection kit [2,000] development. + .................................. NGSW special purpose [-8,804] + projectile development delay. .................................. Soldier Enhancement Program... [5,000] 122 0604604A MEDIUM TACTICAL VEHICLES.......... 8,523 8,523 123 0604611A JAVELIN........................... 7,493 7,493 @@ -57110,15 +59934,22 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 126 0604642A LIGHT TACTICAL WHEELED VEHICLES... 1,976 1,976 127 0604645A ARMORED SYSTEMS MODERNIZATION 135,488 135,488 (ASM)--ENG DEV. - 128 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 61,445 61,445 + 128 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 61,445 55,277 + .................................. FWS-S contract development [-5,000] + excess to need. + .................................. Heads up display product [-1,168] + development previously funded. 129 0604713A COMBAT FEEDING, CLOTHING, AND 2,814 2,814 EQUIPMENT. 130 0604715A NON-SYSTEM TRAINING DEVICES--ENG 28,036 28,036 DEV. - 131 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,651 39,651 + 131 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,651 86,151 INTELLIGENCE--ENG DEV. - .................................. Army identified funds excess [-4,000] - to need. + .................................. Joint Counter-UAS Office [17,500] + acceleration. + .................................. Joint Counter-UAS Office SOCOM [25,000] + cUAS capabilitities for + austere locations abroad. 132 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 10,150 10,150 DEVELOPMENT. 133 0604746A AUTOMATIC TEST EQUIPMENT 5,578 5,578 @@ -57132,38 +59963,48 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 137 0604798A BRIGADE ANALYSIS, INTEGRATION AND 19,268 19,268 EVALUATION. 138 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 265,811 265,811 - 139 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 49,694 49,694 + 139 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 49,694 48,344 ENG DEV. + .................................. 194 excess support costs...... [-1,350] 140 0604805A COMMAND, CONTROL, COMMUNICATIONS 11,079 11,079 SYSTEMS--ENG DEV. 141 0604807A MEDICAL MATERIEL/MEDICAL 49,870 49,870 BIOLOGICAL DEFENSE EQUIPMENT--ENG DEV. 142 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 9,589 9,589 - 143 0604818A ARMY TACTICAL COMMAND & CONTROL 162,513 152,513 + 143 0604818A ARMY TACTICAL COMMAND & CONTROL 162,513 140,674 HARDWARE & SOFTWARE. .................................. Command post integrated [-10,000] infrastructure contract delay. + .................................. Rephasing of MCE v3.2 [-7,909] + development. + .................................. TROPO IOT&E funded ahead of [-3,930] + need. 144 0604820A RADAR DEVELOPMENT................. 109,259 109,259 145 0604822A GENERAL FUND ENTERPRISE BUSINESS 21,201 21,201 SYSTEM (GFEBS). 146 0604823A FIREFINDER........................ 20,008 16,808 .................................. Prior year carry-over......... [-3,200] 147 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,534 6,534 - 148 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 82,459 109,380 + 148 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 82,459 124,380 SYSTEMS--EMD. .................................. Prior year carry-over......... [-5,079] - .................................. Program increase for vehicle [32,000] + .................................. Program increase for vehicle [47,000] protection systems. 149 0604854A ARTILLERY SYSTEMS--EMD............ 11,611 11,611 - 150 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 142,678 137,678 - .................................. Reprioritization.............. [-5,000] + 150 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 142,678 124,612 + .................................. FL9 unjustified request....... [-5,987] + .................................. FM7 HRC core IT schedule [-8,915] + discrepancy. + .................................. FM8 ATIS release 2 ahead of [-3,164] + need. 151 0605018A INTEGRATED PERSONNEL AND PAY 115,286 115,286 SYSTEM-ARMY (IPPS-A). 152 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,594 76,594 (AMPV). - .................................. Army identified funds excess [-20,000] + .................................. Army identified funds excess [-12,000] to need. + .................................. Test delays................... [-8,000] 154 0605030A JOINT TACTICAL NETWORK CENTER 16,264 16,264 (JTNC). 155 0605031A JOINT TACTICAL NETWORK (JTN)...... 31,696 31,696 @@ -57177,18 +60018,19 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 161 0605038A NUCLEAR BIOLOGICAL CHEMICAL 4,846 4,846 RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE. - 162 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 28,544 28,544 - 163 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,178 28,178 + 162 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 28,544 16,544 + .................................. Army Cyber SU program......... [-12,000] + 163 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,178 22,157 (LOW-TIER). + .................................. Testing unjustified request... [-6,021] 164 0605047A CONTRACT WRITING SYSTEM........... 22,860 22,860 166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 35,893 35,893 - 167 0605052A INDIRECT FIRE PROTECTION 235,770 187,970 + 167 0605052A INDIRECT FIRE PROTECTION 235,770 188,008 CAPABILITY INC 2--BLOCK 1. - .................................. Army identified funds excess [-47,800] + .................................. Army identified funds excess [-47,762] to need. 168 0605053A GROUND ROBOTICS................... 13,710 13,710 - 169 0605054A EMERGING TECHNOLOGY INITIATIVES... 294,739 284,739 - .................................. Program decrease.............. [-10,000] + 169 0605054A EMERGING TECHNOLOGY INITIATIVES... 294,739 294,739 170 0605145A MEDICAL PRODUCTS AND SUPPORT 954 954 SYSTEMS DEVELOPMENT. 171 0605203A ARMY SYSTEM DEVELOPMENT & 150,201 150,201 @@ -57198,20 +60040,18 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 174 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 8,891 8,891 175 0605457A ARMY INTEGRATED AIR AND MISSILE 193,929 193,929 DEFENSE (AIAMD). - 176 0605625A MANNED GROUND VEHICLE............. 327,732 244,732 - .................................. Army identified funds excess [-83,000] + 176 0605625A MANNED GROUND VEHICLE............. 327,732 244,500 + .................................. Army identified funds excess [-83,232] to need. 177 0605766A NATIONAL CAPABILITIES INTEGRATION 7,670 7,670 (MIP). 178 0605812A JOINT LIGHT TACTICAL VEHICLE 1,742 1,742 (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH. - 179 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,467 4,467 - .................................. Aircraft cleaning and deicing [3,000] - system development. + 179 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,467 1,467 180 0303032A TROJAN--RH12...................... 3,451 3,451 183 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 55,855 55,855 - .................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,199,798 3,058,719 + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,199,798 3,064,377 DEMONSTRATION. .................................. .................................. MANAGEMENT SUPPORT @@ -57222,12 +60062,11 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 188 0605103A RAND ARROYO CENTER................ 13,481 13,481 189 0605301A ARMY KWAJALEIN ATOLL.............. 231,824 231,824 190 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 54,898 54,898 - 192 0605601A ARMY TEST RANGES AND FACILITIES... 350,359 350,359 - 193 0605602A ARMY TECHNICAL TEST 48,475 62,975 + 192 0605601A ARMY TEST RANGES AND FACILITIES... 350,359 365,359 + .................................. Program increase--Army [15,000] + directed energy T&E. + 193 0605602A ARMY TECHNICAL TEST 48,475 48,475 INSTRUMENTATION AND TARGETS. - .................................. Aviation component testing.... [5,000] - .................................. Testing additive manufacturing [9,500] - technology. 194 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,001 36,001 195 0605606A AIRCRAFT CERTIFICATION............ 2,736 2,736 196 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,488 6,488 @@ -57240,10 +60079,15 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. COLLABORATION & INTEG. 202 0605801A PROGRAMWIDE ACTIVITIES............ 87,472 87,472 203 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,244 26,244 - 204 0605805A MUNITIONS STANDARDIZATION, 40,133 50,133 + 204 0605805A MUNITIONS STANDARDIZATION, 40,133 47,500 EFFECTIVENESS AND SAFETY. + .................................. Conventional ammunition [-1,633] + demilitarization carryover. .................................. Development of polymer-cased [5,000] ammunition. + .................................. Manufacturing technology for [-1,000] + industrial base transformation + carryover. .................................. Program acceleration.......... [5,000] 205 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,780 1,780 MGMT SUPPORT. @@ -57256,23 +60100,24 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 210 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 19,891 19,891 211 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,496 4,496 VULNERABILITIES. - .................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,333,123 1,362,623 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,333,123 1,360,490 .................................. .................................. OPERATIONAL SYSTEMS DEVELOPMENT 214 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 10,157 10,157 216 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,682 8,682 217 0607131A WEAPONS AND MUNITIONS PRODUCT 20,409 20,409 IMPROVEMENT PROGRAMS. - 219 0607134A LONG RANGE PRECISION FIRES (LRPF). 122,733 56,633 - .................................. Program reduction............. [-66,100] - 221 0607136A BLACKHAWK PRODUCT IMPROVEMENT 11,236 16,236 + 219 0607134A LONG RANGE PRECISION FIRES (LRPF). 122,733 107,733 + .................................. Program reduction............. [-15,000] + 221 0607136A BLACKHAWK PRODUCT IMPROVEMENT 11,236 11,236 PROGRAM. - .................................. Thermoplastic drive shafts.... [5,000] 222 0607137A CHINOOK PRODUCT IMPROVEMENT 46,091 51,091 PROGRAM. .................................. Carbon composite materials for [5,000] wheels and brakes. - 224 0607139A IMPROVED TURBINE ENGINE PROGRAM... 249,257 249,257 + 224 0607139A IMPROVED TURBINE ENGINE PROGRAM... 249,257 245,509 + .................................. Unjustified matrixed [-3,748] + engineering support growth. 225 0607142A AVIATION ROCKET SYSTEM PRODUCT 17,155 17,155 IMPROVEMENT AND DEVELOPMENT. 226 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 7,743 7,743 @@ -57285,16 +60130,17 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 231 0607865A PATRIOT PRODUCT IMPROVEMENT....... 187,840 187,840 232 0203728A JOINT AUTOMATED DEEP OPERATION 44,691 44,691 COORDINATION SYSTEM (JADOCS). - 233 0203735A COMBAT VEHICLE IMPROVEMENT 268,919 263,252 + 233 0203735A COMBAT VEHICLE IMPROVEMENT 268,919 260,252 PROGRAMS. + .................................. Bradley excess carryover...... [-3,000] .................................. CROWS-J program delay......... [-5,667] 234 0203743A 155MM SELF-PROPELLED HOWITZER 427,254 290,963 IMPROVEMENTS. + .................................. Army identified as excess to [-130,000] + need. .................................. Prior year carry-over......... [-6,291] - .................................. Program decrease.............. [-130,000] - 235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 11,688 7,688 + 235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 11,688 11,688 IMPROVEMENT PROGRAMS. - .................................. Early to need................. [-4,000] 236 0203752A AIRCRAFT ENGINE COMPONENT 80 80 IMPROVEMENT PROGRAM. 237 0203758A DIGITIZATION...................... 4,516 4,516 @@ -57319,57 +60165,67 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 13,283 13,283 259 0305208A DISTRIBUTED COMMON GROUND/SURFACE 47,204 47,204 SYSTEMS. - 264 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,012 67,012 + 264 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,012 78,512 ACTIVITIES. - .................................. 6.8mm projectile development.. [4,000] - .................................. Lightweight film armor [2,000] - development. + .................................. Functional fabrics [7,500] + manufacturing. + .................................. Nanoscale materials [5,000] + manufacturing. + .................................. Tungsten manufacturing for [5,000] + armanents. 266A 9999999999 CLASSIFIED PROGRAMS............... 3,983 3,983 - .................................. SUBTOTAL OPERATIONAL SYSTEMS 1,998,539 1,742,481 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 1,998,539 1,797,333 DEVELOPMENT. .................................. .................................. SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS - 267 0608041A DEFENSIVE CYBER--SOFTWARE 46,445 46,445 + .................................. UNDISTRIBUTED + 267 0608041A DEFENSIVE CYBER--SOFTWARE 46,445 58,445 PROTOTYPE DEVELOPMENT. - .................................. SUBTOTAL SOFTWARE AND DIGITAL 46,445 46,445 + .................................. Army-requested transfer from [12,000] + Other Procurement, Army line + 53 for program management. + .................................. SUBTOTAL SOFTWARE AND DIGITAL 46,445 58,445 TECHNOLOGY PILOT PROGRAMS. + .................................. SUBTOTAL UNDISTRIBUTED......... 12,000 .................................. - .................................. TOTAL RESEARCH, DEVELOPMENT, 12,587,343 12,382,906 + .................................. TOTAL RESEARCH, DEVELOPMENT, 12,587,343 12,478,059 TEST & EVAL, ARMY. .................................. .................................. RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY .................................. BASIC RESEARCH - 001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,816 121,816 - .................................. Navy Defense University [5,000] - Research Instrumentation - program increase. + 001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,816 126,816 + .................................. Defense University Research [5,000] + and Instrumentation Program. + .................................. Program increase.............. [5,000] 002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,113 19,113 RESEARCH. - 003 0601153N DEFENSE RESEARCH SCIENCES......... 467,158 467,158 - .................................. SUBTOTAL BASIC RESEARCH........ 603,087 608,087 + 003 0601153N DEFENSE RESEARCH SCIENCES......... 467,158 479,158 + .................................. Increase in basic research.... [10,000] + .................................. Predictive modeling for [2,000] + undersea vehicles. + .................................. SUBTOTAL BASIC RESEARCH........ 603,087 625,087 .................................. .................................. APPLIED RESEARCH 004 0602114N POWER PROJECTION APPLIED RESEARCH. 17,792 17,792 - 005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,281 147,281 + 005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,281 141,281 .................................. Additive manufacturing of [5,000] unmanned maritime systems. - .................................. Cyber physical security and [5,000] - resiliency research. - .................................. Expeditionary unmanned systems [5,000] - launch and recovery. + .................................. Direct Air Capture and Blue [9,000] + Carbon Removal Technology + Program. .................................. Talent and technology for [5,000] power and energy systems. - .................................. Unmanned logistics technology. [5,000] - 006 0602131M MARINE CORPS LANDING FORCE 50,623 50,623 + 006 0602131M MARINE CORPS LANDING FORCE 50,623 55,623 TECHNOLOGY. + .................................. Unmanned logistics solutions.. [5,000] 007 0602235N COMMON PICTURE APPLIED RESEARCH... 48,001 48,001 - 008 0602236N WARFIGHTER SUSTAINMENT APPLIED 67,765 77,765 + 008 0602236N WARFIGHTER SUSTAINMENT APPLIED 67,765 74,765 RESEARCH. - .................................. High mobility ground robots... [5,000] - .................................. Robotics in complex [5,000] - unstructured environments. + .................................. Humanoid robotics research.... [5,000] + .................................. Social networks and [2,000] + computational social science. 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 84,994 84,994 RESEARCH. 010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,392 73,392 @@ -57379,43 +60235,33 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. .................................. Program increase.............. [5,000] 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,343 6,343 RESEARCH. - 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 56,397 91,397 + 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 56,397 76,397 .................................. Academic partnerships for [10,000] undersea vehicle research. .................................. Autonomous undersea robotics.. [10,000] - .................................. Cross-domain autonomy for [10,000] - persistent maritime operations. - .................................. Expandable structures for [5,000] - operational effectiveness - research. 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 167,590 167,590 RESEARCH. 014 0602782N MINE AND EXPEDITIONARY WARFARE 30,715 30,715 APPLIED RESEARCH. - 015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 160,537 160,537 + 015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 160,537 167,837 APPLIED RESEARCH. + .................................. Thermoplastic materials....... [7,300] 016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 76,745 76,745 ONR FIELD ACITIVITIES. - .................................. SUBTOTAL APPLIED RESEARCH...... 953,175 1,033,175 + .................................. SUBTOTAL APPLIED RESEARCH...... 953,175 1,021,475 .................................. .................................. ADVANCED TECHNOLOGY DEVELOPMENT - 017 0603123N FORCE PROTECTION ADVANCED 24,410 29,410 + 017 0603123N FORCE PROTECTION ADVANCED 24,410 24,410 TECHNOLOGY. - .................................. Additive manufacturing........ [5,000] 018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,008 8,008 TECHNOLOGY. - 019 0603640M USMC ADVANCED TECHNOLOGY 219,045 249,045 + 019 0603640M USMC ADVANCED TECHNOLOGY 219,045 219,045 DEMONSTRATION (ATD). - .................................. Expeditionary autonomous [5,000] - logistics. - .................................. Heavy payload solar powered [20,000] - UAS. - .................................. Modular Advanced Armed Robotic [5,000] - System. 020 0603651M JOINT NON-LETHAL WEAPONS 13,301 13,301 TECHNOLOGY DEVELOPMENT. - 021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 246,054 246,054 + 021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 246,054 242,365 TECHNOLOGY DEVELOPMENT. + .................................. C-ENCAP program delays........ [-3,689] 022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,122 60,122 023 0603729N WARFIGHTER PROTECTION ADVANCED 4,851 4,851 TECHNOLOGY. @@ -57427,26 +60273,31 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. ADVANCED TECHNOLOGY DEVELOPMENT. .................................. Accelerated railgun technology [20,000] maturation. - .................................. SUBTOTAL ADVANCED TECHNOLOGY 760,396 815,396 + .................................. SUBTOTAL ADVANCED TECHNOLOGY 760,396 776,707 DEVELOPMENT. .................................. .................................. ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES - 027 0603178N MEDIUM AND LARGE UNMANNED SURFACE 464,042 270,442 + 027 0603178N MEDIUM AND LARGE UNMANNED SURFACE 464,042 259,242 VEHICLES (USVS). - .................................. EPF conversion to LUSV [45,000] - prototype. - .................................. Two additional Overlord [-238,600] - vessels excess to need. + .................................. LUSV additional prototypes.... [-159,300] + .................................. Unmanned surface vehicle [-45,500] + enabling capabilities--payload + program reduction. 028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 35,386 35,386 029 0603216N AVIATION SURVIVABILITY............ 13,428 13,428 030 0603239N ISO NAVAL CONSTRUCTION FORCES..... 2,350 2,350 031 0603251N AIRCRAFT SYSTEMS.................. 418 418 032 0603254N ASW SYSTEMS DEVELOPMENT........... 15,719 15,719 033 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,411 3,411 - 034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 70,218 70,218 - 035 0603502N SURFACE AND SHALLOW WATER MINE 52,358 52,358 + 034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 70,218 63,218 + .................................. Project 3416: HIJENKS [-7,000] + insufficient schedule + justification. + 035 0603502N SURFACE AND SHALLOW WATER MINE 52,358 47,808 COUNTERMEASURES. + .................................. Project 2989: Barracuda [-4,550] + program delay. 036 0603506N SURFACE SHIP TORPEDO DEFENSE...... 12,816 12,816 037 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,559 7,559 038 0603525N PILOT FISH........................ 358,757 278,557 @@ -57456,22 +60307,30 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 040 0603536N RETRACT JUNIPER................... 148,000 148,000 041 0603542N RADIOLOGICAL CONTROL.............. 778 778 042 0603553N SURFACE ASW....................... 1,161 1,161 - 043 0603561N ADVANCED SUBMARINE SYSTEM 185,356 90,356 + 043 0603561N ADVANCED SUBMARINE SYSTEM 185,356 157,926 DEVELOPMENT. - .................................. Excessive accelerated [-28,200] - development. - .................................. Project 1 insufficient budget [-66,800] - justification. + .................................. Project 9710 unjustified new [-27,430] + start. 044 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,528 10,528 - 045 0603563N SHIP CONCEPT ADVANCED DESIGN...... 126,396 136,396 - .................................. Expeditionary sustainment and [5,000] - repair-related technologies. + 045 0603563N SHIP CONCEPT ADVANCED DESIGN...... 126,396 111,396 .................................. Polymorphic build farm for [5,000] open source technologies. - 046 0603564N SHIP PRELIMINARY DESIGN & 70,270 70,270 + .................................. Project 4044: Medium [-10,000] + amphibious ship early to need. + .................................. Project 4045: Medium logistics [-10,000] + ship early to need. + 046 0603564N SHIP PRELIMINARY DESIGN & 70,270 36,970 FEASIBILITY STUDIES. + .................................. Project 0411: Preliminary [-17,100] + design early to need. + .................................. Project 0411: Requirements and [-16,200] + concept analysis excess growth. 047 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 149,188 149,188 - 048 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 38,449 38,449 + 048 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 38,449 45,449 + .................................. Accelerate qualification of [7,500] + silicon carbide power modules. + .................................. Power and energy systems [-500] + contract award delay. 049 0603576N CHALK EAGLE....................... 71,181 71,181 050 0603581N LITTORAL COMBAT SHIP (LCS)........ 32,178 32,178 051 0603582N COMBAT SYSTEM INTEGRATION......... 17,843 17,843 @@ -57490,67 +60349,80 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 060 0603721N ENVIRONMENTAL PROTECTION.......... 20,601 20,601 061 0603724N NAVY ENERGY PROGRAM............... 23,422 23,422 062 0603725N FACILITIES IMPROVEMENT............ 4,664 4,664 - 063 0603734N CHALK CORAL....................... 545,763 520,763 - .................................. Excess cost growth............ [-25,000] + 063 0603734N CHALK CORAL....................... 545,763 473,763 + .................................. Excess cost growth............ [-72,000] 064 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,884 3,884 - 065 0603746N RETRACT MAPLE..................... 353,226 353,226 - 066 0603748N LINK PLUMERIA..................... 544,388 519,388 - .................................. Excess cost growth............ [-25,000] + 065 0603746N RETRACT MAPLE..................... 353,226 348,690 + .................................. Program adjustment............ [-4,536] + 066 0603748N LINK PLUMERIA..................... 544,388 497,388 + .................................. Program adjustment............ [-47,000] 067 0603751N RETRACT ELM....................... 86,730 86,730 - 068 0603764M LINK EVERGREEN.................... 236,234 236,234 + 068 0603764M LINK EVERGREEN.................... 236,234 231,770 + .................................. Program adjustment............ [-4,464] 070 0603790N NATO RESEARCH AND DEVELOPMENT..... 6,880 6,880 071 0603795N LAND ATTACK TECHNOLOGY............ 10,578 10,578 072 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,435 28,435 073 0603860N JOINT PRECISION APPROACH AND 33,612 33,612 LANDING SYSTEMS--DEM/VAL. - 074 0603925N DIRECTED ENERGY AND ELECTRIC 128,845 216,845 + 074 0603925N DIRECTED ENERGY AND ELECTRIC 128,845 128,845 WEAPON SYSTEMS. - .................................. One additional system......... [88,000] 075 0604014N F/A -18 INFRARED SEARCH AND TRACK 84,190 84,190 (IRST). - 076 0604027N DIGITAL WARFARE OFFICE............ 54,699 54,699 - 077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 53,942 53,942 + 076 0604027N DIGITAL WARFARE OFFICE............ 54,699 37,998 + .................................. Project 3255 excess growth.... [-9,979] + .................................. Project 3425 excess growth.... [-6,722] + 077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 53,942 52,020 VEHICLES. + .................................. Small unmanned underwater [-1,922] + vehicles concurrency. 078 0604029N UNMANNED UNDERSEA VEHICLE CORE 40,060 40,060 TECHNOLOGIES. 079 0604030N RAPID PROTOTYPING, EXPERIMENTATION 12,100 12,100 AND DEMONSTRATION.. - 080 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 78,122 42,122 - .................................. Early to need, phase 1 results [-36,000] + 080 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 78,122 45,557 + .................................. Early to need, phase 1 results [-32,565] needed first. 081 0604112N GERALD R. FORD CLASS NUCLEAR 107,895 107,895 AIRCRAFT CARRIER (CVN 78--80). 082 0604126N LITTORAL AIRBORNE MCM............. 17,366 17,366 083 0604127N SURFACE MINE COUNTERMEASURES...... 18,754 18,754 - 084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 59,776 59,776 + 084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 59,776 52,026 COUNTERMEASURES (TADIRCM). + .................................. DAIRCM hardware development [-7,750] + contract award delay. 086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,097 5,097 STRIKE). 087 0604320M RAPID TECHNOLOGY CAPABILITY 3,664 3,664 PROTOTYPE. 088 0604454N LX (R)............................ 10,203 10,203 - 089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 115,858 105,858 - .................................. XLUUV late test and evaluation [-10,000] - award. - 090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 14,259 14,259 + 089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 115,858 92,602 + .................................. Excess scope adjustments...... [-23,256] + 090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 14,259 9,628 (C-UAS). - 091 0604659N PRECISION STRIKE WEAPONS 1,102,387 1,087,387 + .................................. System development excess [-4,631] + growth. + 091 0604659N PRECISION STRIKE WEAPONS 1,102,387 1,030,387 DEVELOPMENT PROGRAM. - .................................. Transition to DDG-1000-- [-15,000] - initial integration. + .................................. CPGS initial integration [-15,000] + efforts--transfer to line 165. + .................................. Lack of hypersonic prototyping [-5,000] + coordination. + .................................. Project 3334: Excess Virginia- [-52,000] + class CPS modification and + installation costs. 092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 7,657 7,657 ARCHITECTURE/ENGINEERING SUPPORT. - 093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 35,750 35,750 + 093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 35,750 46,750 WEAPON DEVELOPMENT. + .................................. LRASM funds--Navy requested [11,000] + transfer from line 141. 094 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,151 9,151 - 095 0304240M ADVANCED TACTICAL UNMANNED 22,589 6,989 + 095 0304240M ADVANCED TACTICAL UNMANNED 22,589 29,589 AIRCRAFT SYSTEM. .................................. K-MAX......................... [7,000] - .................................. MUX uncertain acquisition [-22,600] - strategy. 097 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 809 809 MIP. - .................................. SUBTOTAL ADVANCED COMPONENT 6,503,074 6,098,674 + .................................. SUBTOTAL ADVANCED COMPONENT 6,503,074 5,861,969 DEVELOPMENT & PROTOTYPES. .................................. .................................. SYSTEM DEVELOPMENT & DEMONSTRATION @@ -57563,7 +60435,8 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 104 0604221N P-3 MODERNIZATION PROGRAM......... 606 606 105 0604230N WARFARE SUPPORT SYSTEM............ 9,065 9,065 106 0604231N TACTICAL COMMAND SYSTEM........... 97,968 97,968 - 107 0604234N ADVANCED HAWKEYE.................. 309,373 309,373 + 107 0604234N ADVANCED HAWKEYE.................. 309,373 292,175 + .................................. Sensors excess growth......... [-17,198] 108 0604245M H-1 UPGRADES...................... 62,310 62,310 109 0604261N ACOUSTIC SEARCH SENSORS........... 47,182 47,182 110 0604262N V-22A............................. 132,624 132,624 @@ -57571,17 +60444,23 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 112 0604269N EA-18............................. 106,134 106,134 113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 134,194 134,194 114 0604273M EXECUTIVE HELO DEVELOPMENT........ 99,321 99,321 - 115 0604274N NEXT GENERATION JAMMER (NGJ)...... 477,680 487,680 - .................................. High band risk reduction...... [10,000] + 115 0604274N NEXT GENERATION JAMMER (NGJ)...... 477,680 477,680 116 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 232,818 232,818 (JTRS-NAVY). 117 0604282N NEXT GENERATION JAMMER (NGJ) 170,039 170,039 INCREMENT II. - 118 0604307N SURFACE COMBATANT COMBAT SYSTEM 403,712 403,712 + 118 0604307N SURFACE COMBATANT COMBAT SYSTEM 403,712 375,853 ENGINEERING. + .................................. Aegis development support [-7,159] + excess growth. + .................................. Capability upgrades [-20,700] + unjustified growth. 119 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 945 945 120 0604329N SMALL DIAMETER BOMB (SDB)......... 62,488 62,488 - 121 0604366N STANDARD MISSILE IMPROVEMENTS..... 386,225 359,225 + 121 0604366N STANDARD MISSILE IMPROVEMENTS..... 386,225 340,825 + .................................. SM-6 Block IB mission [-18,400] + integration, development and + operational test. .................................. SM-6 excessive cost growth; [-27,000] program accountability. 122 0604373N AIRBORNE MCM...................... 10,909 10,909 @@ -57589,10 +60468,10 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. COUNTER AIR SYSTEMS ENGINEERING. 124 0604419N ADVANCED SENSORS APPLICATION 13,673 13,673 PROGRAM (ASAP). - 125 0604501N ADVANCED ABOVE WATER SENSORS...... 87,809 87,809 - 126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,097 111,097 - .................................. Submarine electronic warfare [18,000] - capability improvement. + 125 0604501N ADVANCED ABOVE WATER SENSORS...... 87,809 71,449 + .................................. Shipboard passive EO/IR [-16,360] + development concurrency. + 126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,097 93,097 127 0604504N AIR CONTROL....................... 38,863 38,863 128 0604512N SHIPBOARD AVIATION SYSTEMS........ 9,593 9,593 129 0604518N COMBAT INFORMATION CENTER 12,718 12,718 @@ -57600,23 +60479,29 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 130 0604522N AIR AND MISSILE DEFENSE RADAR 78,319 78,319 (AMDR) SYSTEM. 131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 65,834 65,834 - 132 0604558N NEW DESIGN SSN.................... 259,443 282,943 - .................................. Accelerate design............. [23,500] + 132 0604558N NEW DESIGN SSN.................... 259,443 259,443 133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 63,878 63,878 - 134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 51,853 66,453 + 134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 51,853 58,853 T&E. - .................................. Advanced Degaussing System.... [14,600] + .................................. Advanced Degaussing System.... [7,000] 135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,853 3,853 - 136 0604601N MINE DEVELOPMENT.................. 92,607 65,107 - .................................. Forward funded in FY20........ [-27,500] - 137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 146,012 146,012 + 136 0604601N MINE DEVELOPMENT.................. 92,607 83,505 + .................................. Encapsulate effector program [-7,402] + delays. + .................................. Historical underexecution..... [-1,700] + 137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 146,012 124,250 + .................................. Advanced anti-submarine [-21,762] + lightweight torpedo program + delays. 138 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,383 8,383 DEVELOPMENT. 139 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 33,784 33,784 SYSTEMS--ENG DEV. 140 0604703N PERSONNEL, TRAINING, SIMULATION, 8,599 8,599 AND HUMAN FACTORS. - 141 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 73,744 73,744 + 141 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 73,744 62,744 + .................................. LRASM funds--Navy requested [-11,000] + transfer to line 93. 142 0604755N SHIP SELF DEFENSE (DETECT & 157,490 157,490 CONTROL). 143 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 121,761 121,761 @@ -57624,8 +60509,8 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 144 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 89,373 89,373 KILL/EW). 145 0604761N INTELLIGENCE ENGINEERING.......... 15,716 15,716 - 146 0604771N MEDICAL DEVELOPMENT............... 2,120 22,120 - .................................. Autonomous aerial distributed [10,000] + 146 0604771N MEDICAL DEVELOPMENT............... 2,120 19,620 + .................................. Autonomous aerial distributed [7,500] logistics. .................................. ETEC disease research......... [10,000] 147 0604777N NAVIGATION/ID SYSTEM.............. 50,180 50,180 @@ -57633,8 +60518,10 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 149 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 250 250 150 0604850N SSN(X)............................ 1,000 1,000 151 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 974 974 - 152 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 356,173 351,173 - .................................. Unjustified growth............ [-5,000] + 152 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 356,173 330,431 + .................................. Historical underexecution..... [-12,972] + .................................. NMMES-TR contract delays...... [-6,308] + .................................. NMMES-TR excess support growth [-6,462] 153 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,810 7,810 154 0605212M CH-53K RDTE....................... 406,406 406,406 155 0605215N MISSION PLANNING.................. 86,134 86,134 @@ -57654,12 +60541,12 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION. 165 0204202N DDG-1000.......................... 208,448 223,448 - .................................. Transfer from CPS--initial [15,000] - integration. + .................................. CPGS initial integration [15,000] + efforts transfer from line 91. 169 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 111,434 111,434 170 0306250M CYBER OPERATIONS TECHNOLOGY 26,173 26,173 DEVELOPMENT. - .................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,263,883 6,305,483 + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,263,883 6,128,960 DEMONSTRATION. .................................. .................................. MANAGEMENT SUPPORT @@ -57673,7 +60560,9 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. INTERNATIONAL SUPPORT. 181 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,813 3,813 183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 104,822 104,822 - 184 0605864N TEST AND EVALUATION SUPPORT....... 446,960 446,960 + 184 0605864N TEST AND EVALUATION SUPPORT....... 446,960 419,212 + .................................. Navy requested transfer to [-27,748] + OM,N line BSM1. 185 0605865N OPERATIONAL TEST AND EVALUATION 27,241 27,241 CAPABILITY. 186 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,787 15,787 @@ -57686,21 +60575,21 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 193 0305327N INSIDER THREAT.................... 2,310 2,310 194 0902498N MANAGEMENT HEADQUARTERS 1,536 1,536 (DEPARTMENTAL SUPPORT ACTIVITIES). - .................................. SUBTOTAL MANAGEMENT SUPPORT.... 991,222 991,222 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 991,222 963,474 .................................. .................................. OPERATIONAL SYSTEMS DEVELOPMENT 199 0604227N HARPOON MODIFICATIONS............. 697 697 - 200 0604840M F-35 C2D2......................... 379,549 341,649 - .................................. Block IV/TR3 upgrade delays... [-37,900] - 201 0604840N F-35 C2D2......................... 413,875 372,475 - .................................. Block IV/TR3 upgrade delays... [-41,400] + 200 0604840M F-35 C2D2......................... 379,549 379,549 + 201 0604840N F-35 C2D2......................... 413,875 413,875 202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 143,667 143,667 (CEC). 204 0101221N STRATEGIC SUB & WEAPONS SYSTEM 173,056 173,056 SUPPORT. 205 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,970 45,970 - 206 0101226N SUBMARINE ACOUSTIC WARFARE 69,190 74,190 + 206 0101226N SUBMARINE ACOUSTIC WARFARE 69,190 61,813 DEVELOPMENT. + .................................. Compact rapid attack weapon [-12,377] + concurrency. .................................. Next-generation countermeasure [5,000] acoustic device. 207 0101402N NAVY STRATEGIC COMMUNICATIONS..... 42,277 42,277 @@ -57709,7 +60598,9 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 210 0204228N SURFACE SUPPORT................... 33,482 33,482 211 0204229N TOMAHAWK AND TOMAHAWK MISSION 200,308 200,308 PLANNING CENTER (TMPC). - 212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 102,975 102,975 + 212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 102,975 115,475 + .................................. Accelerate sensor and signal [12,500] + processing development. 213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 10,873 10,873 SYSTEMS. 214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,713 1,713 @@ -57718,12 +60609,16 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. ATOR). 216 0204571N CONSOLIDATED TRAINING SYSTEMS 83,956 83,956 DEVELOPMENT. - 218 0204575N ELECTRONIC WARFARE (EW) READINESS 56,791 56,791 + 218 0204575N ELECTRONIC WARFARE (EW) READINESS 56,791 50,905 SUPPORT. + .................................. Project 2263: Unjustified [-5,886] + growth. 219 0205601N HARM IMPROVEMENT.................. 146,166 146,166 221 0205620N SURFACE ASW COMBAT SYSTEM 29,348 29,348 INTEGRATION. - 222 0205632N MK-48 ADCAP....................... 110,349 110,349 + 222 0205632N MK-48 ADCAP....................... 110,349 108,209 + .................................. APB 7 development early to [-2,140] + need. 223 0205633N AVIATION IMPROVEMENTS............. 133,953 133,953 224 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 110,313 110,313 225 0206313M MARINE CORPS COMMUNICATIONS 207,662 207,662 @@ -57772,13 +60667,15 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 254 0308601N MODELING AND SIMULATION SUPPORT... 8,683 8,683 255 0702207N DEPOT MAINTENANCE (NON-IF)........ 45,168 45,168 256 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,697 6,697 - 257 1203109N SATELLITE COMMUNICATIONS (SPACE).. 70,056 70,056 + 257 1203109N SATELLITE COMMUNICATIONS (SPACE).. 70,056 67,665 + .................................. MUOS historical underexecution [-2,391] 257A 9999999999 CLASSIFIED PROGRAMS............... 1,795,032 1,795,032 - .................................. SUBTOTAL OPERATIONAL SYSTEMS 5,327,043 5,261,743 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 5,327,043 5,330,749 DEVELOPMENT. .................................. .................................. SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS + .................................. UNDISTRIBUTED 258 0608013N RISK MANAGEMENT INFORMATION-- 14,300 14,300 SOFTWARE PILOT PROGRAM. 259 0608231N MARITIME TACTICAL COMMAND AND 10,868 10,868 @@ -57787,70 +60684,138 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. .................................. SUBTOTAL SOFTWARE AND DIGITAL 25,168 25,168 TECHNOLOGY PILOT PROGRAMS. .................................. - .................................. TOTAL RESEARCH, DEVELOPMENT, 21,427,048 21,138,948 + .................................. TOTAL RESEARCH, DEVELOPMENT, 21,427,048 20,733,589 TEST & EVAL, NAVY. .................................. .................................. RESEARCH, DEVELOPMENT, TEST & EVAL, AF .................................. BASIC RESEARCH - 001 0601102F DEFENSE RESEARCH SCIENCES......... 315,348 315,348 - 002 0601103F UNIVERSITY RESEARCH INITIATIVES... 161,861 166,861 + 001 0601102F DEFENSE RESEARCH SCIENCES......... 315,348 325,348 + .................................. Increase in basic research.... [10,000] + 002 0601103F UNIVERSITY RESEARCH INITIATIVES... 161,861 171,861 + .................................. Program increase.............. [5,000] .................................. Solar block research.......... [5,000] 003 0601108F HIGH ENERGY LASER RESEARCH 15,085 15,085 INITIATIVES. - .................................. SUBTOTAL BASIC RESEARCH........ 492,294 497,294 + .................................. SUBTOTAL BASIC RESEARCH........ 492,294 512,294 .................................. .................................. APPLIED RESEARCH 004 0602020F FUTURE AF CAPABILITIES APPLIED 100,000 100,000 RESEARCH. - 005 0602102F MATERIALS......................... 140,781 165,781 + 005 0602102F MATERIALS......................... 140,781 162,781 .................................. Advanced materials [5,000] manufacturing flexible biosensors. - .................................. Metals affordability research. [15,000] + .................................. High-energy synchotron x-ray [5,000] + program. + .................................. Materials maturation for high [5,000] + mach systems. + .................................. Qualification of additive [2,000] + manufacturing processes. .................................. Thermal protection systems.... [5,000] - 006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 349,225 374,225 + 006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 349,225 175,472 .................................. Advanced batteries for [5,000] directed energy. - .................................. High speed expendable turbine [5,000] + .................................. High speed expendable turbine [4,000] development. - .................................. On-orbit propulsion [5,000] - technologies. + .................................. Hypersonic materials.......... [4,000] .................................. Secure unmanned aerial [10,000] vehicles. + .................................. Transfer to line 8............ [-196,753] 007 0602202F HUMAN EFFECTIVENESS APPLIED 115,222 115,222 RESEARCH. - 009 0602204F AEROSPACE SENSORS................. 211,301 211,301 + 008 0602203F AEROSPACE PROPULSION.............. 196,753 + .................................. Transfer from line 6.......... [196,753] + 009 0602204F AEROSPACE SENSORS................. 211,301 214,301 + .................................. National Center for Hardware [3,000] + and Embedded Systems Security + and Trust. 011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,926 8,926 MAJOR HEADQUARTERS ACTIVITIES. 012 0602602F CONVENTIONAL MUNITIONS............ 132,425 132,425 013 0602605F DIRECTED ENERGY TECHNOLOGY........ 128,113 128,113 - 014 0602788F DOMINANT INFORMATION SCIENCES AND 178,668 208,668 + 014 0602788F DOMINANT INFORMATION SCIENCES AND 178,668 203,668 METHODS. - .................................. Counter UAS platform [5,000] - integration testbed. .................................. Quantum Innovation Center..... [5,000] .................................. Quantum network testbed....... [10,000] .................................. Trusted UAS traffic management [10,000] and C-UAS testbed. 015 0602890F HIGH ENERGY LASER RESEARCH........ 45,088 45,088 - .................................. SUBTOTAL APPLIED RESEARCH...... 1,409,749 1,489,749 + .................................. SUBTOTAL APPLIED RESEARCH...... 1,409,749 1,482,749 .................................. .................................. ADVANCED TECHNOLOGY DEVELOPMENT - 017 0603030F AF FOUNDATIONAL DEVELOPMENT/DEMOS. 103,280 110,280 - .................................. Agile composite manufacturing [5,000] - initiatives. - .................................. Foam engine wash.............. [2,000] - 018 0603032F FUTURE AF INTEGRATED TECHNOLOGY 157,619 127,619 + 017 0603030F AF FOUNDATIONAL DEVELOPMENT/DEMOS. 103,280 0 + .................................. Transfer to line 22........... [-35,169] + .................................. Transfer to line 23........... [-16,933] + .................................. Transfer to line 30........... [-10,777] + .................................. Transfer to line 33........... [-40,401] + 018 0603032F FUTURE AF INTEGRATED TECHNOLOGY 157,619 -30,000 DEMOS. - .................................. Inappropriate use of S&T funds [-30,000] + .................................. Inappropriate use of S&T funds [-50,000] for Golden Horde demonstration & validation. - 019 0603033F NEXT GEN PLATFORM DEV/DEMO........ 199,556 199,556 - 020 0603034F PERSISTENT KNOWLEDGE, AWARENESS, & 102,276 102,276 + .................................. Transfer to line 25........... [-40,900] + .................................. Transfer to line 27........... [-24,632] + .................................. Transfer to line 31........... [-72,087] + 019 0603033F NEXT GEN PLATFORM DEV/DEMO........ 199,556 0 + .................................. Transfer to line 25........... [-37,230] + .................................. Transfer to line 26........... [-105,058] + .................................. Transfer to line 28........... [-57,268] + 020 0603034F PERSISTENT KNOWLEDGE, AWARENESS, & 102,276 0 C2 TECH. - 021 0603035F NEXT GEN EFFECTS DEV/DEMOS........ 215,817 215,817 - .................................. SUBTOTAL ADVANCED TECHNOLOGY 778,548 755,548 + .................................. Transfer to line 24........... [-35,338] + .................................. Transfer to line 27........... [-4,699] + .................................. Transfer to line 29........... [-12,090] + .................................. Transfer to line 30........... [-20,948] + .................................. Transfer to line 34........... [-29,201] + 021 0603035F NEXT GEN EFFECTS DEV/DEMOS........ 215,817 0 + .................................. Transfer to line 27........... [-31,207] + .................................. Transfer to line 31........... [-134,145] + .................................. Transfer to line 32........... [-31,445] + .................................. Transfer to line 34........... [-19,020] + 022 0603112F ADVANCED MATERIALS FOR WEAPON 45,169 + SYSTEMS. + .................................. Metals affordability research. [10,000] + .................................. Transfer from line 17......... [35,169] + 023 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,933 + (S&T). + .................................. Transfer from line 17......... [16,933] + 024 0603203F ADVANCED AEROSPACE SENSORS........ 35,338 + .................................. Transfer from line 20......... [35,338] + 025 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 78,130 + .................................. Transfer from line 18......... [40,900] + .................................. Transfer from line 19......... [37,230] + 026 0603216F AEROSPACE PROPULSION AND POWER 110,058 + TECHNOLOGY. + .................................. Propulsion technologies....... [5,000] + .................................. Transfer from line 19......... [105,058] + 027 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 60,538 + .................................. Transfer from line 18......... [24,632] + .................................. Transfer from line 20......... [4,699] + .................................. Transfer from line 21......... [31,207] + 028 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 57,268 + .................................. Transfer from line 19......... [57,268] + 029 0603444F MAUI SPACE SURVEILLANCE SYSTEM 12,090 + (MSSS). + .................................. Transfer from line 20......... [12,090] + 030 0603456F HUMAN EFFECTIVENESS ADVANCED 31,725 + TECHNOLOGY DEVELOPMENT. + .................................. Transfer from line 17......... [10,777] + .................................. Transfer from line 20......... [20,948] + 031 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 206,232 + .................................. Transfer from line 18......... [72,087] + .................................. Transfer from line 21......... [134,145] + 032 0603605F ADVANCED WEAPONS TECHNOLOGY....... 31,445 + .................................. Transfer from line 21......... [31,445] + 033 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 42,901 + .................................. Technologies to repair [2,500] + fastener holes. + .................................. Transfer from line 17......... [40,401] + 034 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 48,221 + AND DEMONSTRATION. + .................................. Transfer from line 20......... [29,201] + .................................. Transfer from line 21......... [19,020] + .................................. SUBTOTAL ADVANCED TECHNOLOGY 778,548 746,048 DEVELOPMENT. .................................. .................................. ADVANCED COMPONENT DEVELOPMENT & @@ -57865,9 +60830,9 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 044 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 302,323 216,823 (ABMS). .................................. Unjustified costs............. [-85,500] - 045 0604004F ADVANCED ENGINE DEVELOPMENT....... 636,495 636,495 - 046 0604015F LONG RANGE STRIKE--BOMBER......... 2,848,410 2,828,410 - .................................. Transfer to APA line 025A..... [-20,000] + 045 0604004F ADVANCED ENGINE DEVELOPMENT....... 636,495 666,495 + .................................. AETP program acceleration..... [30,000] + 046 0604015F LONG RANGE STRIKE--BOMBER......... 2,848,410 2,848,410 047 0604032F DIRECTED ENERGY PROTOTYPING....... 20,964 20,964 048 0604033F HYPERSONICS PROTOTYPING........... 381,862 381,862 050 0604257F ADVANCED TECHNOLOGY AND SENSORS... 24,747 24,747 @@ -57880,11 +60845,23 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. ACS. 055 0604776F DEPLOYMENT & DISTRIBUTION 25,835 25,835 ENTERPRISE R&D. - 056 0604858F TECH TRANSITION PROGRAM........... 219,252 249,252 - .................................. Program increase--LCAAT [30,000] - prototyping. - 057 0605230F GROUND BASED STRATEGIC DETERRENT.. 1,524,759 1,524,759 - 059 0207110F NEXT GENERATION AIR DOMINANCE..... 1,044,089 1,044,089 + 056 0604858F TECH TRANSITION PROGRAM........... 219,252 278,452 + .................................. Agile software development and [4,500] + operations. + .................................. Experimentation............... [-20,000] + .................................. Initial polar SATCOM [46,000] + capability. + .................................. LCAAT program acceleration.... [50,000] + .................................. Prototyping--hold to FY2020 [-27,300] + level. + .................................. Rapid repair of high [6,000] + performance materials. + 057 0605230F GROUND BASED STRATEGIC DETERRENT.. 1,524,759 1,509,759 + .................................. Acquisition Strategy for [-15,000] + planning and design. + 059 0207110F NEXT GENERATION AIR DOMINANCE..... 1,044,089 974,089 + .................................. Forward financing of [-70,000] + development efforts. 060 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 19,356 19,356 (3DELRR). 061 0207522F AIRBASE AIR DEFENSE SYSTEMS 8,737 8,737 @@ -57896,14 +60873,17 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 066 0306250F CYBER OPERATIONS TECHNOLOGY 259,823 259,823 DEVELOPMENT. 067 0306415F ENABLED CYBER ACTIVITIES.......... 10,560 10,560 - 068 0401310F C-32 EXECUTIVE TRANSPORT 9,908 9,908 + 068 0401310F C-32 EXECUTIVE TRANSPORT 9,908 7,808 RECAPITALIZATION. + .................................. AoA funding carryover......... [-2,100] 069 0901410F CONTRACTING INFORMATION TECHNOLOGY 8,662 8,662 SYSTEM. - 074 1206427F SPACE SYSTEMS PROTOTYPE 8,787 8,787 + 074 1206427F SPACE SYSTEMS PROTOTYPE 8,787 0 TRANSITIONS (SSPT). - 077 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,311 56,311 - .................................. SUBTOTAL ADVANCED COMPONENT 7,737,916 7,662,416 + .................................. Transfer to RD,SF line 6...... [-8,787] + 077 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,311 0 + .................................. Transfer to RD,SF line 11A.... [-56,311] + .................................. SUBTOTAL ADVANCED COMPONENT 7,737,916 7,589,418 DEVELOPMENT & PROTOTYPES. .................................. .................................. SYSTEM DEVELOPMENT & DEMONSTRATION @@ -57916,24 +60896,26 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 086 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 131,909 131,909 087 0604287F PHYSICAL SECURITY EQUIPMENT....... 6,752 6,752 088 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 17,280 17,280 + 089 0604429F AIRBORNE ELECTRONIC ATTACK........ 30,000 + .................................. STiTCHES integration for USAFE/ [30,000] + PACAF interim capability. 090 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 23,076 23,076 091 0604604F SUBMUNITIONS...................... 3,091 3,091 092 0604617F AGILE COMBAT SUPPORT.............. 20,609 20,609 093 0604618F JOINT DIRECT ATTACK MUNITION...... 7,926 7,926 094 0604706F LIFE SUPPORT SYSTEMS.............. 23,660 23,660 095 0604735F COMBAT TRAINING RANGES............ 8,898 8,898 - 096 0604800F F-35--EMD......................... 5,423 423 - .................................. Excess SDD funding............ [-5,000] - 097 0604932F LONG RANGE STANDOFF WEAPON........ 474,430 474,430 + 096 0604800F F-35--EMD......................... 5,423 5,423 + 097 0604932F LONG RANGE STANDOFF WEAPON........ 474,430 444,430 + .................................. Acquisition strategy.......... [-30,000] 098 0604933F ICBM FUZE MODERNIZATION........... 167,099 167,099 100 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,547 30,547 102 0605223F ADVANCED PILOT TRAINING........... 248,669 248,669 103 0605229F COMBAT RESCUE HELICOPTER.......... 63,169 63,169 105 0101125F NUCLEAR WEAPONS MODERNIZATION..... 9,683 9,683 - 106 0207171F F-15 EPAWSS....................... 170,679 155,979 - .................................. Cost growth................... [-14,700] - 107 0207328F STAND IN ATTACK WEAPON............ 160,438 142,738 - .................................. Unjustified cost increase..... [-17,700] + 106 0207171F F-15 EPAWSS....................... 170,679 170,679 + 107 0207328F STAND IN ATTACK WEAPON............ 160,438 150,646 + .................................. Unjustified cost increase..... [-9,792] 108 0207701F FULL COMBAT MISSION TRAINING...... 9,422 9,422 110 0305176F COMBAT SURVIVOR EVADER LOCATOR.... 973 973 111 0401221F KC-46A TANKER SQUADRONS........... 106,262 86,262 @@ -57942,21 +60924,41 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 114 0701212F AUTOMATED TEST SYSTEMS............ 10,673 10,673 115 0804772F TRAINING DEVELOPMENTS............. 4,479 4,479 116 0901299F AF A1 SYSTEMS..................... 8,467 8,467 - .................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,615,359 2,557,959 + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,615,359 2,585,567 DEMONSTRATION. .................................. .................................. MANAGEMENT SUPPORT 131 0604256F THREAT SIMULATOR DEVELOPMENT...... 57,725 57,725 - 132 0604759F MAJOR T&E INVESTMENT.............. 208,680 208,680 + 132 0604759F MAJOR T&E INVESTMENT.............. 208,680 223,680 + .................................. Gulf Range telemetric [15,000] + modernization. 133 0605101F RAND PROJECT AIR FORCE............ 35,803 35,803 135 0605712F INITIAL OPERATIONAL TEST & 13,557 13,557 EVALUATION. - 136 0605807F TEST AND EVALUATION SUPPORT....... 764,606 754,606 - .................................. Program decrease.............. [-10,000] - 142 0605831F ACQ WORKFORCE- CAPABILITY 1,362,038 1,362,038 + 136 0605807F TEST AND EVALUATION SUPPORT....... 764,606 764,606 + 137 0605826F ACQ WORKFORCE- GLOBAL POWER....... 273,231 + .................................. Transfer from line 142........ [273,231] + 138 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 262,119 + SYS. + .................................. Transfer from line 142........ [262,119] + 139 0605828F ACQ WORKFORCE- GLOBAL REACH....... 158,429 + .................................. Transfer from line 142........ [158,429] + 140 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 247,468 + BUS SYS. + .................................. Transfer from line 142........ [247,468] + 141 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 183,107 + .................................. Transfer from line 142........ [183,107] + 142 0605831F ACQ WORKFORCE- CAPABILITY 1,362,038 219,868 INTEGRATION. - 143 0605832F ACQ WORKFORCE- ADVANCED PRGM 40,768 40,768 + .................................. Transfer to line 137.......... [-273,231] + .................................. Transfer to line 138.......... [-262,119] + .................................. Transfer to line 139.......... [-158,429] + .................................. Transfer to line 140.......... [-247,468] + .................................. Transfer to line 141.......... [-183,107] + .................................. Transfer to line 143.......... [-17,816] + 143 0605832F ACQ WORKFORCE- ADVANCED PRGM 40,768 58,584 TECHNOLOGY. + .................................. Transfer from line 142........ [17,816] 144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 179,646 179,646 145 0605898F MANAGEMENT HQ--R&D................ 5,734 5,734 146 0605976F FACILITIES RESTORATION AND 70,985 70,985 @@ -57974,15 +60976,15 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 152 0702806F ACQUISITION AND MANAGEMENT SUPPORT 13,384 13,384 153 0804731F GENERAL SKILL TRAINING............ 1,262 1,262 155 1001004F INTERNATIONAL ACTIVITIES.......... 3,599 3,599 - .................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,891,280 2,881,280 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,891,280 2,906,280 .................................. .................................. OPERATIONAL SYSTEMS DEVELOPMENT + .................................. UNDISTRIBUTED 163 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 8,777 8,777 TRAINING. 164 0604776F DEPLOYMENT & DISTRIBUTION 499 499 ENTERPRISE R&D. - 165 0604840F F-35 C2D2......................... 785,336 706,836 - .................................. Block IV/TR3 upgrade delays... [-78,500] + 165 0604840F F-35 C2D2......................... 785,336 785,336 166 0605018F AF INTEGRATED PERSONNEL AND PAY 27,035 27,035 SYSTEM (AF-IPPS). 167 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,508 50,508 @@ -57991,22 +60993,16 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. EXPLOITATION. 169 0605278F HC/MC-130 RECAP RDT&E............. 24,705 24,705 170 0606018F NC3 INTEGRATION................... 26,356 26,356 - 172 0101113F B-52 SQUADRONS.................... 520,023 338,523 - .................................. GPS-IU contract delays........ [-10,000] - .................................. No acquisition strategy for [-2,500] + 172 0101113F B-52 SQUADRONS.................... 520,023 481,623 + .................................. CERP virtual prototype [-25,500] + contract delay. + .................................. No acquisition strategy for [-2,000] AEHF. - .................................. Radar modernization program [-40,000] + .................................. Radar modernization program [-10,900] contract delays. - .................................. Virtual prototype contract [-125,000] - delay. - .................................. VLF/LF contract delays........ [-4,000] 173 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 1,433 1,433 174 0101126F B-1B SQUADRONS.................... 15,766 15,766 175 0101127F B-2 SQUADRONS..................... 187,399 187,399 - .................................. Airspace compliance contract [-2,000] - delays. - .................................. JASSM-ER Milestone B delay.... [-5,000] - .................................. Virtual training.............. [7,000] 176 0101213F MINUTEMAN SQUADRONS............... 116,569 116,569 177 0101316F WORLDWIDE JOINT STRATEGIC 27,235 27,235 COMMUNICATIONS. @@ -58017,7 +61013,9 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 182 0102326F REGION/SECTOR OPERATION CONTROL 5,929 5,929 CENTER MODERNIZATION PROGRAM. 183 0102412F NORTH WARNING SYSTEM (NWS)........ 100 100 - 184 0205219F MQ-9 UAV.......................... 162,080 162,080 + 184 0205219F MQ-9 UAV.......................... 162,080 152,112 + .................................. Tech insertion request [-9,968] + unjustified. 186 0207131F A-10 SQUADRONS.................... 24,535 24,535 187 0207133F F-16 SQUADRONS.................... 223,437 223,437 188 0207134F F-15E SQUADRONS................... 298,908 298,908 @@ -58061,7 +61059,8 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 6,827 6,827 217 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,390 3,390 218 0208006F MISSION PLANNING SYSTEMS.......... 91,768 91,768 - 219 0208007F TACTICAL DECEPTION................ 2,370 2,370 + 219 0208007F TACTICAL DECEPTION................ 2,370 0 + .................................. Ahead of need................. [-2,370] 220 0208064F OPERATIONAL HQ--CYBER............. 5,527 5,527 221 0208087F DISTRIBUTED CYBER WARFARE 68,279 68,279 OPERATIONS. @@ -58077,14 +61076,17 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. AWARENESS. 239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 3,468 3,468 CENTER (NAOC). - 240 0303131F MINIMUM ESSENTIAL EMERGENCY 61,887 61,887 + 240 0303131F MINIMUM ESSENTIAL EMERGENCY 61,887 44,722 COMMUNICATIONS NETWORK (MEECN). + .................................. Acquisition strategy for GASNT [-14,215] + Inc 2. + .................................. CVR increment 2 schedule [-2,950] + delays. 242 0303140F INFORMATION SYSTEMS SECURITY 10,351 10,351 PROGRAM. 243 0303142F GLOBAL FORCE MANAGEMENT--DATA 1,346 1,346 INITIATIVE. - 246 0304260F AIRBORNE SIGINT ENTERPRISE........ 128,110 120,110 - .................................. Program decrease.............. [-8,000] + 246 0304260F AIRBORNE SIGINT ENTERPRISE........ 128,110 128,110 247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,042 4,042 251 0305020F CCMD INTELLIGENCE INFORMATION 1,649 1,649 TECHNOLOGY. @@ -58103,8 +61105,12 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 4,890 4,890 ACTIVITIES. 264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,864 8,864 - 265 0305202F DRAGON U-2........................ 18,660 18,660 - 267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 121,512 139,512 + 265 0305202F DRAGON U-2........................ 18,660 36,660 + .................................. Air Force requested transfer [18,000] + from line 267. + 267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 121,512 121,512 + .................................. Air Force requested transfer [-18,000] + to line 265. .................................. Gorgon Stare Wide Area Motion [10,000] Imagery program increase. .................................. Sensor Open Systems [8,000] @@ -58117,8 +61123,11 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. TARGETING. 272 0305238F NATO AGS.......................... 36,731 36,731 273 0305240F SUPPORT TO DCGS ENTERPRISE........ 33,547 33,547 - 274 0305600F INTERNATIONAL INTELLIGENCE 13,635 13,635 + 274 0305600F INTERNATIONAL INTELLIGENCE 13,635 17,315 TECHNOLOGY AND ARCHITECTURES. + .................................. PDI: Mission Partner [3,680] + Environment BICES-X Project + 675898. 275 0305881F RAPID CYBER ACQUISITION........... 4,262 4,262 276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,207 2,207 (PRC2). @@ -58134,8 +61143,9 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 288 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 7,673 7,673 290 0708055F MAINTENANCE, REPAIR & OVERHAUL 24,513 24,513 SYSTEM. - 291 0708610F LOGISTICS INFORMATION TECHNOLOGY 35,225 35,225 + 291 0708610F LOGISTICS INFORMATION TECHNOLOGY 35,225 31,525 (LOGIT). + .................................. Prior year carryover.......... [-3,700] 292 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 11,838 11,838 293 0804743F OTHER FLIGHT TRAINING............. 1,332 1,332 295 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,092 2,092 @@ -58154,39 +61164,42 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. ACTIVITIES. 303 1202140F SERVICE SUPPORT TO SPACECOM 8,999 8,999 ACTIVITIES. - 314 1203400F SPACE SUPERIORITY INTELLIGENCE.... 16,810 16,810 - 316 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,687 2,687 - 318 1203906F NCMC--TW/AA SYSTEM................ 6,990 6,990 - 322A 9999999999 CLASSIFIED PROGRAMS............... 15,777,856 15,777,856 - .................................. SUBTOTAL OPERATIONAL SYSTEMS 21,466,680 21,203,091 + 314 1203400F SPACE SUPERIORITY INTELLIGENCE.... 16,810 0 + .................................. Transfer to RD,SF line 41B.... [-16,810] + 316 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,687 0 + .................................. Transfer to RD,SF line 41A.... [-2,687] + 318 1203906F NCMC--TW/AA SYSTEM................ 6,990 0 + .................................. Transfer to RD,SF line 41C.... [-6,990] + 322A 9999999999 CLASSIFIED PROGRAMS............... 15,777,856 15,217,856 + .................................. Classified adjustment......... [-560,000] + .................................. SUBTOTAL OPERATIONAL SYSTEMS 21,466,680 20,816,681 DEVELOPMENT. + .................................. SUBTOTAL UNDISTRIBUTED......... -649,999 .................................. - .................................. TOTAL RESEARCH, DEVELOPMENT, 37,391,826 37,047,337 + .................................. TOTAL RESEARCH, DEVELOPMENT, 37,391,826 36,639,037 TEST & EVAL, AF. .................................. .................................. RESEARCH, DEVELOPMENT, TEST & EVAL, SPACE FORCE .................................. APPLIED RESEARCH - 001 1206601SF SPACE TECHNOLOGY.................. 130,874 164,874 - .................................. Ground based optical GEO [5,000] - surveillance. - .................................. Rapid development of low-cost, [20,000] + 001 1206601SF SPACE TECHNOLOGY.................. 130,874 146,874 + .................................. Rapid development of low-cost, [10,000] small satellite technology. - .................................. Small satellite mission [9,000] + .................................. Small satellite mission [6,000] operations center. - .................................. SUBTOTAL APPLIED RESEARCH...... 130,874 164,874 + .................................. SUBTOTAL APPLIED RESEARCH...... 130,874 146,874 .................................. .................................. ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES - 002 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 390,704 390,704 + 002 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 390,704 380,704 (USER EQUIPMENT) (SPACE). - 003 1203710SF EO/IR WEATHER SYSTEMS............. 131,000 106,000 - .................................. Program reduction for phase 2 [-25,000] - risk reduction Spec OT2. + .................................. MGUE program slip............. [-10,000] + 003 1203710SF EO/IR WEATHER SYSTEMS............. 131,000 131,000 004 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 83,384 83,384 005 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 33,359 33,359 - 006 1206427SF SPACE SYSTEMS PROTOTYPE 142,808 142,808 + 006 1206427SF SPACE SYSTEMS PROTOTYPE 142,808 151,595 TRANSITIONS (SSPT). + .................................. Transfer from RD,AF line 74... [8,787] 007 1206438SF SPACE CONTROL TECHNOLOGY.......... 35,575 35,575 008 1206760SF PROTECTED TACTICAL ENTERPRISE 114,390 109,390 SERVICE (PTES). @@ -58195,27 +61208,29 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. .................................. Unjustified growth............ [-5,000] 010 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 71,395 71,395 011 1206857SF SPACE RAPID CAPABILITIES OFFICE... 103,518 103,518 - .................................. SUBTOTAL ADVANCED COMPONENT 1,311,311 1,276,311 + 011A 9999999999 SPACE SECURITY AND DEFENSE 56,311 + PROGRAMS (SSDP). + .................................. Transfer from RDTE,AF line 77. [56,311] + .................................. SUBTOTAL ADVANCED COMPONENT 1,311,311 1,356,409 DEVELOPMENT & PROTOTYPES. .................................. .................................. SYSTEM DEVELOPMENT & DEMONSTRATION - 012 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 263,496 253,496 - .................................. Execution lagging............. [-10,000] + 012 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 263,496 255,496 + .................................. Execution lagging............. [-8,000] 013 1203940SF SPACE SITUATION AWARENESS 41,897 41,897 OPERATIONS. 014 1206421SF COUNTERSPACE SYSTEMS.............. 54,689 54,689 015 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 2,526 2,526 016 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 173,074 173,074 - 017 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 138,257 138,257 + 017 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 138,257 128,257 + .................................. Program delays................ [-10,000] 018 1206432SF POLAR MILSATCOM (SPACE)........... 190,235 190,235 - 019 1206442SF NEXT GENERATION OPIR.............. 2,318,864 2,269,864 - .................................. Block 0 GEO unjustified cost [-20,000] - growth. - .................................. Program decrease.............. [-29,000] - 020 1206853SF NATIONAL SECURITY SPACE LAUNCH 560,978 710,978 + 019 1206442SF NEXT GENERATION OPIR.............. 2,318,864 2,318,864 + 020 1206853SF NATIONAL SECURITY SPACE LAUNCH 560,978 650,978 PROGRAM (SPACE)--EMD. - .................................. Program increase.............. [150,000] - .................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,744,016 3,835,016 + .................................. NSSL Phase 3 integration [90,000] + activities program. + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,744,016 3,816,016 DEMONSTRATION. .................................. .................................. MANAGEMENT SUPPORT @@ -58225,20 +61240,21 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. SYSTEMS. 023 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 9,765 9,765 MHA. - 024 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,993 27,993 + 024 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,993 17,993 (SPACE). - .................................. Tactically Responsive Launch [10,000] - Operations. + 024A 9999999999 TACTICALLY RESPONSIVE LAUNCH...... 5,000 + .................................. Program increase.............. [5,000] 025 1206864SF SPACE TEST PROGRAM (STP).......... 26,541 26,541 - .................................. SUBTOTAL MANAGEMENT SUPPORT.... 258,510 268,510 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 258,510 263,510 .................................. .................................. OPERATIONAL SYSTEM DEVELOPMENT + .................................. UNDISTRIBUTED 026 1201017SF GLOBAL SENSOR INTEGRATED ON 3,708 5,597 NETWORK (GSIN). .................................. Transfer from Air Force....... [1,889] - 027 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 247,229 237,229 + 027 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 247,229 234,729 (FAB-T). - .................................. Program decrease.............. [-10,000] + .................................. Prior year carryover.......... [-12,500] 028 1203110SF SATELLITE CONTROL NETWORK (SPACE). 75,480 60,480 .................................. Program decrease.............. [-15,000] 029 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,984 1,984 @@ -58254,35 +61270,37 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 033 1203265SF GPS III SPACE SEGMENT............. 10,777 10,777 034 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 28,179 28,179 035 1203913SF NUDET DETECTION SYSTEM (SPACE).... 29,157 29,157 - 036 1203940SF SPACE SITUATION AWARENESS 44,809 39,809 + 036 1203940SF SPACE SITUATION AWARENESS 44,809 40,809 OPERATIONS. - .................................. Underexecution................ [-5,000] - 037 1206423SF GLOBAL POSITIONING SYSTEM III-- 481,999 471,999 + .................................. Underexecution................ [-4,000] + 037 1206423SF GLOBAL POSITIONING SYSTEM III-- 481,999 416,999 OPERATIONAL CONTROL SEGMENT. - .................................. Program decrease.............. [-5,000] - .................................. Unjustified growth............ [-5,000] + .................................. Funds available prioritized to [-65,000] + other space missions. 041 1206770SF ENTERPRISE GROUND SERVICES........ 116,791 116,791 - 041A 9999999999 CLASSIFIED PROGRAMS............... 3,632,866 3,632,866 - .................................. SUBTOTAL OPERATIONAL SYSTEM 4,733,142 4,695,031 + 041A 9999999999 NATIONAL SPACE DEFENSE CENTER 2,687 + (NSDC). + .................................. Transfer from RDTE,AF line 316 [2,687] + 041B 9999999999 SPACE SUPERIORITY INTELLIGENCE 16,810 + (SSI). + .................................. Transfer from RDTE,AF line 314 [16,810] + 041C 9999999999 NCMC--TW/AA SYSTEM................ 6,990 + .................................. Transfer from RDTE,AF line 318 [6,990] + 041D 9999999999 CLASSIFIED PROGRAMS............... 3,632,866 3,632,866 + .................................. SUBTOTAL OPERATIONAL SYSTEM 4,733,142 4,665,018 DEVELOPMENT. + .................................. SUBTOTAL UNDISTRIBUTED......... -68,124 .................................. .................................. SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS - 042 1203614SF JSPOC MISSION SYSTEM.............. 149,742 129,742 - .................................. Unjustified increase; transfer [-20,000] - to commercial Space Domain - Awareness Services and Data. - 42A 9999999999 COMMERCIAL SATCOM................. 45,000 - .................................. Commercial polar space-based [25,000] - proliferated LEO broadband - services and demonstrations. - .................................. Increase for commercial space [20,000] - domain awareness services and - data. - .................................. SUBTOTAL SOFTWARE & DIGITAL 149,742 174,742 + 042 1203614SF JSPOC MISSION SYSTEM.............. 149,742 164,742 + .................................. Commercial space situational [20,000] + awareness. + .................................. Unjustified increase.......... [-5,000] + .................................. SUBTOTAL SOFTWARE & DIGITAL 149,742 164,742 TECHNOLOGY PILOT PROGRAMS. .................................. - .................................. TOTAL RESEARCH, DEVELOPMENT, 10,327,595 10,414,484 + .................................. TOTAL RESEARCH, DEVELOPMENT, 10,327,595 10,412,569 TEST & EVAL, SPACE FORCE. .................................. .................................. RESEARCH, DEVELOPMENT, TEST & @@ -58290,43 +61308,40 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. .................................. BASIC RESEARCH 001 0601000BR DTRA BASIC RESEARCH............... 14,617 14,617 002 0601101E DEFENSE RESEARCH SCIENCES......... 479,958 479,958 - 003 0601110D8Z BASIC RESEARCH INITIATIVES........ 35,565 57,565 + 003 0601110D8Z BASIC RESEARCH INITIATIVES........ 35,565 67,565 + .................................. DEPSCoR....................... [15,000] .................................. Restore Minerva research [17,000] initiative. - .................................. START research consortium of [5,000] - excellence for irregular - warfare and advanced analytics. 004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 53,730 53,730 SCIENCE. - 005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 100,241 105,241 - .................................. Civics education pilot........ [5,000] - 006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,975 50,975 + 005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 100,241 102,241 + .................................. Civics education pilot........ [2,000] + 006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,975 57,975 UNIVERSITIES/MINORITY INSTITUTIONS. - .................................. PIPELINE program.............. [3,000] - .................................. Program increase.............. [17,000] + .................................. Aerospace education, research, [2,000] + and innovation activities. + .................................. HBCU/Minority Institutions.... [5,000] + .................................. Program increase.............. [20,000] 007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,300 45,300 PROGRAM. - .................................. SUBTOTAL BASIC RESEARCH........ 760,386 807,386 + .................................. SUBTOTAL BASIC RESEARCH........ 760,386 821,386 .................................. .................................. APPLIED RESEARCH - 008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,409 24,409 - .................................. New energetic materials design [5,000] + 008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,409 19,409 009 0602115E BIOMEDICAL TECHNOLOGY............. 107,568 107,568 011 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 35,000 35,000 012 0602234D8Z LINCOLN LABORATORY RESEARCH 41,080 41,080 PROGRAM. - 013 0602251D8Z APPLIED RESEARCH FOR THE 60,722 60,722 + 013 0602251D8Z APPLIED RESEARCH FOR THE 60,722 54,335 ADVANCEMENT OF S&T PRIORITIES. - 014 0602303E INFORMATION & COMMUNICATIONS 435,920 403,920 + .................................. Excess growth................. [-6,387] + 014 0602303E INFORMATION & COMMUNICATIONS 435,920 423,920 TECHNOLOGY. - .................................. Program decrease.............. [-32,000] + .................................. Program decrease.............. [-12,000] 015 0602383E BIOLOGICAL WARFARE DEFENSE........ 26,950 26,950 - 016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 201,807 206,807 + 016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 201,807 201,807 PROGRAM. - .................................. Treatment testing technology [5,000] - for nuclear, chemical, and - biological exposure. 017 0602668D8Z CYBER SECURITY RESEARCH........... 15,255 15,255 018 0602702E TACTICAL TECHNOLOGY............... 233,271 233,271 019 0602715E MATERIALS AND BIOLOGICAL 250,107 250,107 @@ -58336,10 +61351,13 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. DESTRUCTION APPLIED RESEARCH. 022 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,573 9,573 (SEI) APPLIED RESEARCH. - 023 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 42,464 47,464 + 023 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 42,464 52,464 + .................................. START research consortium of [5,000] + excellence for irregular + warfare and advanced analytics. .................................. Sustained Human Performance [5,000] and Resilience. - .................................. SUBTOTAL APPLIED RESEARCH...... 1,976,390 1,959,390 + .................................. SUBTOTAL APPLIED RESEARCH...... 1,976,390 1,968,003 .................................. .................................. ADVANCED TECHNOLOGY DEVELOPMENT 024 0603000D8Z JOINT MUNITIONS ADVANCED 22,920 22,920 @@ -58351,15 +61369,14 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 029 0603160BR COUNTER WEAPONS OF MASS 366,659 366,659 DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT. - 030 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,910 64,910 + 030 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,910 14,910 ASSESSMENT. - .................................. Restore low power laser [50,000] - demonstrator. - 032 0603180C ADVANCED RESEARCH................. 18,687 28,687 - .................................. Program increase.............. [10,000] + 032 0603180C ADVANCED RESEARCH................. 18,687 18,687 033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,873 18,873 DEVELOPMENT. - 034 0603286E ADVANCED AEROSPACE SYSTEMS........ 230,978 230,978 + 034 0603286E ADVANCED AEROSPACE SYSTEMS........ 230,978 220,978 + .................................. OpFires lack of transition [-10,000] + pathway. 035 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 158,439 158,439 036 0603288D8Z ANALYTIC ASSESSMENTS.............. 23,775 23,775 037 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 36,524 36,524 @@ -58367,8 +61384,11 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 038 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,703 14,703 CONCEPTS--MHA. 039 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 11,058 11,058 - 040 0603338D8Z DEFENSE MODERNIZATION AND 133,375 133,375 + 040 0603338D8Z DEFENSE MODERNIZATION AND 133,375 123,673 PROTOTYPING. + .................................. Lack of hypersonic prototype [-19,702] + coordination efforts. + .................................. Stratospheric balloon research [10,000] 042 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 26,141 26,141 043 0603375D8Z TECHNOLOGY INNOVATION............. 27,709 27,709 044 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 188,001 188,001 @@ -58380,56 +61400,65 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. DEMONSTRATIONS. 048 0603662D8Z NETWORKED COMMUNICATIONS 5,882 5,882 CAPABILITIES. - 049 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 93,817 143,817 + 049 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 93,817 135,817 AND TECHNOLOGY PROGRAM. .................................. Accelerating rapid prototyping [5,000] by integrating high performance computing and advanced manufacturing. - .................................. Additive manufacturing [5,000] + .................................. Additive manufacturing [2,000] training. - .................................. Advanced structural [30,000] + .................................. Advanced structural [25,000] manufacturing technologies. .................................. Flexible hybrid electronics... [5,000] .................................. Hypersonic thermal management [5,000] research. - 050 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 40,025 40,025 + 050 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 40,025 55,025 + .................................. Defense supply chain [5,000] + technologies. + .................................. Steel performance initiative.. [10,000] 052 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,235 10,235 DEMONSTRATIONS. - 053 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 53,862 158,862 + 053 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 53,862 108,862 PROGRAM. - .................................. AFFF replacement.............. [50,000] + .................................. AFFF replacement.............. [25,000] .................................. PFAS Innovation Award Fund.... [5,000] - .................................. PFAS remediation and disposal [50,000] + .................................. PFAS remediation and disposal [25,000] technology. - 054 0603720S MICROELECTRONICS TECHNOLOGY 124,049 124,049 + 054 0603720S MICROELECTRONICS TECHNOLOGY 124,049 131,049 DEVELOPMENT AND SUPPORT. + .................................. MGUE--DLA requested transfer [7,000] + from P,DW line 23. 055 0603727D8Z JOINT WARFIGHTING PROGRAM......... 3,871 3,871 056 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 95,864 95,864 057 0603760E COMMAND, CONTROL AND 221,724 221,724 COMMUNICATIONS SYSTEMS. - 058 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 661,158 661,158 + 058 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 661,158 646,158 + .................................. Lack of coordination.......... [-10,000] + .................................. Unjustified increase.......... [-5,000] 059 0603767E SENSOR TECHNOLOGY................. 200,220 200,220 060 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,765 6,765 TECHNOLOGY DEVELOPMENT. 061 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 12,598 12,598 - 064 0603924D8Z HIGH ENERGY LASER ADVANCED 105,410 105,410 + 064 0603924D8Z HIGH ENERGY LASER ADVANCED 105,410 92,270 TECHNOLOGY PROGRAM. - 065 0603941D8Z TEST & EVALUATION SCIENCE & 187,065 187,065 + .................................. Excess growth................. [-13,140] + 065 0603941D8Z TEST & EVALUATION SCIENCE & 187,065 154,365 TECHNOLOGY. .................................. Directed energy test workloads + .................................. Excess growth electronic [-32,700] + warfare test. 066 0603950D8Z NATIONAL SECURITY INNOVATION 40,000 NETWORK. .................................. Restore program............... [40,000] 067 0604055D8Z OPERATIONAL ENERGY CAPABILITY 65,000 IMPROVEMENT. .................................. Program increase.............. [65,000] - 070 1160402BB SOF ADVANCED TECHNOLOGY 89,072 94,072 + 070 1160402BB SOF ADVANCED TECHNOLOGY 89,072 89,072 DEVELOPMENT. - .................................. SOF 3-D printing technologies. [5,000] 071 1206310SDA SPACE SCIENCE AND TECHNOLOGY 72,422 72,422 RESEARCH AND DEVELOPMENT. - .................................. SUBTOTAL ADVANCED TECHNOLOGY 3,588,876 3,913,876 + .................................. SUBTOTAL ADVANCED TECHNOLOGY 3,588,876 3,732,334 DEVELOPMENT. .................................. .................................. ADVANCED COMPONENT DEVELOPMENT & @@ -58437,29 +61466,28 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 072 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 32,636 32,636 SECURITY EQUIPMENT RDT&E ADC&P. 073 0603600D8Z WALKOFF........................... 106,529 106,529 - 075 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 61,345 113,345 + 075 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 61,345 98,345 CERTIFICATION PROGRAM. - .................................. PFAS remediation and disposal [50,000] + .................................. AFFF replacement.............. [10,000] + .................................. PFAS remediation and disposal [25,000] technology. .................................. Program increase.............. [2,000] 076 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 412,627 312,627 DEFENSE SEGMENT. .................................. Insufficient justification-- [-100,000] homeland defense underlay. - 077 0603882C BALLISTIC MISSILE DEFENSE 1,004,305 919,305 + 077 0603882C BALLISTIC MISSILE DEFENSE 1,004,305 924,305 MIDCOURSE DEFENSE SEGMENT. - .................................. Unjustified growth--RKV [-85,000] - cancellation. - 078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 76,167 81,167 + .................................. Unjustified cost growth....... [-80,000] + 078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 76,167 76,167 PROGRAM--DEM/VAL. - .................................. Decontamination technologies [5,000] - for civilian pandemic - preparedness. 079 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 281,957 281,957 080 0603890C BMD ENABLING PROGRAMS............. 599,380 599,380 081 0603891C SPECIAL PROGRAMS--MDA............. 420,216 420,216 - 082 0603892C AEGIS BMD......................... 814,936 804,936 - .................................. Program decrease.............. [-10,000] + 082 0603892C AEGIS BMD......................... 814,936 775,266 + .................................. Insufficient justification [-39,670] + Aegis underlay and unjustified + cost growth. 083 0603896C BALLISTIC MISSILE DEFENSE COMMAND 593,353 593,353 AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI. @@ -58473,18 +61501,18 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 089 0603914C BALLISTIC MISSILE DEFENSE TEST.... 378,302 378,302 090 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 536,133 536,133 092 0603923D8Z COALITION WARFARE................. 10,129 10,129 - 093 0604011D8Z NEXT GENERATION INFORMATION 449,000 400,000 + 093 0604011D8Z NEXT GENERATION INFORMATION 449,000 430,000 COMMUNICATIONS TECHNOLOGY (5G). - .................................. Program decrease for Restoring [-49,000] + .................................. Program decrease for Restoring [-19,000] S&T. 094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,325 3,325 PROGRAM. - 095 0604115C TECHNOLOGY MATURATION INITIATIVES. 67,389 67,389 + 095 0604115C TECHNOLOGY MATURATION INITIATIVES. 67,389 109,389 + .................................. Restore DPAL Effort........... [42,000] 098 0604181C HYPERSONIC DEFENSE................ 206,832 206,832 - 099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 730,508 729,508 + 099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 730,508 702,008 .................................. Micro nuclear reactors........ [50,000] - .................................. Program decrease for Restoring [-51,000] - S&T. + .................................. Program decrease.............. [-78,500] 100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 489,076 489,076 101 0604331D8Z RAPID PROTOTYPING PROGRAM......... 102,023 82,023 .................................. Program decrease for Restoring [-20,000] @@ -58496,9 +61524,9 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 103 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,787 2,787 UNMANNED SYSTEM COMMON DEVELOPMENT. - 105 0604672C HOMELAND DEFENSE RADAR--HAWAII 130,000 + 105 0604672C HOMELAND DEFENSE RADAR--HAWAII 65,000 (HDR-H). - .................................. Continue radar development and [130,000] + .................................. Continue radar development and [65,000] siting efforts. 107 0604682D8Z WARGAMING AND SUPPORT FOR 3,469 3,469 STRATEGIC ANALYSIS (SSA). @@ -58507,9 +61535,9 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. ASSESSMENTS. 110 0604873C LONG RANGE DISCRIMINATION RADAR 137,256 137,256 (LRDR). - 111 0604874C IMPROVED HOMELAND DEFENSE 664,138 414,138 + 111 0604874C IMPROVED HOMELAND DEFENSE 664,138 450,138 INTERCEPTORS. - .................................. Delayed NGI contract award.... [-250,000] + .................................. NGI contract delays........... [-214,000] 112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 7,768 7,768 DEFENSE SEGMENT TEST. 113 0604878C AEGIS BMD TEST.................... 170,880 95,880 @@ -58524,10 +61552,9 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 119 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 997 997 (JET) PROGRAM. 120 0305103C CYBER SECURITY INITIATIVE......... 1,148 1,148 - 121 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 215,994 155,994 + 121 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 215,994 195,994 PROTOTYPING. .................................. HBTSS--transfer to 1206895C... [-20,000] - .................................. Unjustified growth............ [-40,000] 122 1206893C SPACE TRACKING & SURVEILLANCE 34,144 34,144 SYSTEM. 123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 32,068 152,068 @@ -58536,14 +61563,17 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 1206410SDA. .................................. HBTSS sensor payload [100,000] development. - .................................. SUBTOTAL ADVANCED COMPONENT 9,416,712 9,076,712 + .................................. SUBTOTAL ADVANCED COMPONENT 9,416,712 9,087,542 DEVELOPMENT & PROTOTYPES. .................................. .................................. SYSTEM DEVELOPMENT & DEMONSTRATION 124 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 7,173 7,173 SECURITY EQUIPMENT RDT&E SDD. - 126 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 319,976 319,976 + 126 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 319,976 324,976 PROGRAM--EMD. + .................................. Decontamination technologies [5,000] + for civilian pandemic + preparedness. 127 0604771D8Z JOINT TACTICAL INFORMATION 54,985 54,985 DISTRIBUTION SYSTEM (JTIDS). 128 0605000BR COUNTER WEAPONS OF MASS 15,650 15,650 @@ -58571,7 +61601,7 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. MANAGEMENT (EEIM). 144 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,585 20,585 AND DEMONSTRATION. - .................................. SUBTOTAL SYSTEM DEVELOPMENT & 603,808 603,808 + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 603,808 608,808 DEMONSTRATION. .................................. .................................. MANAGEMENT SUPPORT @@ -58580,10 +61610,10 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. (DRRS). 147 0604875D8Z JOINT SYSTEMS ARCHITECTURE 8,497 8,497 DEVELOPMENT. - 148 0604940D8Z CENTRAL TEST AND EVALUATION 422,451 435,451 + 148 0604940D8Z CENTRAL TEST AND EVALUATION 422,451 427,451 INVESTMENT DEVELOPMENT (CTEIP). - .................................. Gulf Test range and training [13,000] - enhancements. + .................................. Telemetry range extension wave [5,000] + glider relay. 149 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 18,379 18,379 150 0605001E MISSION SUPPORT................... 74,334 74,334 151 0605100D8Z JOINT MISSION ENVIRONMENT TEST 79,046 79,046 @@ -58592,7 +61622,8 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. DEFENSE ORGANIZATION (JIAMDO). 155 0605142D8Z SYSTEMS ENGINEERING............... 49,376 49,376 156 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 5,777 5,777 - 157 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 16,552 16,552 + 157 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 16,552 13,991 + .................................. Excess growth................. [-2,561] 158 0605170D8Z SUPPORT TO NETWORKS AND 9,582 9,582 INFORMATION INTEGRATION. 159 0605200D8Z GENERAL SUPPORT TO USD 1,940 1,940 @@ -58603,10 +61634,11 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER. 168 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 29,566 29,566 - 169 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 29,059 29,059 - 170 0605801KA DEFENSE TECHNICAL INFORMATION 59,369 16,069 + 169 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 29,059 24,059 + .................................. Excess growth................. [-5,000] + 170 0605801KA DEFENSE TECHNICAL INFORMATION 59,369 57,716 CENTER (DTIC). - .................................. Program decrease.............. [-43,300] + .................................. Program decrease.............. [-1,653] 171 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 29,420 29,420 TESTING AND EVALUATION. 172 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,198 27,198 @@ -58639,7 +61671,7 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 196 0901598C MANAGEMENT HQ--MDA................ 26,902 26,902 197 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,138 3,138 198A 9999999999 CLASSIFIED PROGRAMS............... 41,583 41,583 - .................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,297,392 1,267,092 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,297,392 1,293,178 .................................. .................................. OPERATIONAL SYSTEMS DEVELOPMENT 199 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 14,378 14,378 @@ -58650,19 +61682,18 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 202 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 316 316 SHARED INFORMATION SYSTEM (OHASIS). - 203 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 9,151 79,151 + 203 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 9,151 90,151 SUSTAINMENT SUPPORT. - .................................. Autotune filter manufacturing [10,000] - scale-up for advanced offboard - electronic warfare. + .................................. Advanced machine tool research [20,000] + .................................. Cold spray manufacturing [5,000] + technologies. .................................. Domestic organic light [5,000] emitting diode microdisplay manufacturing. - .................................. Domestic rare earth magnet [5,000] - capability. .................................. Domestic tungsten............. [5,000] + .................................. Manufacturing for reuse of [6,000] + NdFeB magnets. .................................. Program increase.............. [15,000] - .................................. Radar supplier resiliency plan [5,000] .................................. Submarine workforce [20,000] development and training. .................................. Ultra-hard armor.............. [5,000] @@ -58684,20 +61715,21 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. (KMI). 216 0303140D8Z INFORMATION SYSTEMS SECURITY 46,577 46,577 PROGRAM. - 217 0303140G INFORMATION SYSTEMS SECURITY 356,713 336,713 + 217 0303140G INFORMATION SYSTEMS SECURITY 356,713 394,713 PROGRAM. - .................................. GenCyber...................... [20,000] - .................................. Program decrease.............. [-40,000] + .................................. GenCyber...................... [18,000] + .................................. Workforce Transformation Cyber [20,000] + Initiative Pilot Program. 218 0303140K INFORMATION SYSTEMS SECURITY 8,922 8,922 PROGRAM. 219 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 3,695 3,695 220 0303153K DEFENSE SPECTRUM ORGANIZATION..... 20,113 20,113 - 223 0303228K JOINT REGIONAL SECURITY STACKS 9,728 0 + 223 0303228K JOINT REGIONAL SECURITY STACKS 9,728 9,728 (JRSS). - .................................. Program decrease.............. [-9,728] 231 0305128V SECURITY AND INVESTIGATIVE 5,700 5,700 ACTIVITIES. - 235 0305186D8Z POLICY R&D PROGRAMS............... 7,144 7,144 + 235 0305186D8Z POLICY R&D PROGRAMS............... 7,144 6,301 + .................................. Program decrease.............. [-843] 236 0305199D8Z NET CENTRICITY.................... 21,793 21,793 238 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,066 6,066 SYSTEMS. @@ -58710,50 +61742,46 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 256 1105219BB MQ-9 UAV.......................... 21,265 21,265 258 1160403BB AVIATION SYSTEMS.................. 230,812 230,812 259 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 19,558 19,558 - 260 1160408BB OPERATIONAL ENHANCEMENTS.......... 136,041 151,041 + 260 1160408BB OPERATIONAL ENHANCEMENTS.......... 136,041 146,041 .................................. Machine learning and AI [10,000] technologies to enable operational maneuver. - .................................. Modular expeditionary compact [5,000] - high-energy lasers. - 261 1160431BB WARRIOR SYSTEMS................... 59,511 94,511 - .................................. Increased research for cUAS in [35,000] - austere locations abroad. - 262 1160432BB SPECIAL PROGRAMS.................. 10,500 10,500 - 263 1160434BB UNMANNED ISR...................... 19,154 19,154 + 261 1160431BB WARRIOR SYSTEMS................... 59,511 58,333 + .................................. MMP excess to need............ [-1,178] + 262 1160432BB SPECIAL PROGRAMS.................. 10,500 7,500 + .................................. Classified adjustment--excess [-3,000] + to need. + 263 1160434BB UNMANNED ISR...................... 19,154 15,154 + .................................. Underexecution................ [-4,000] 264 1160480BB SOF TACTICAL VEHICLES............. 9,263 9,263 - 265 1160483BB MARITIME SYSTEMS.................. 59,882 59,882 + 265 1160483BB MARITIME SYSTEMS.................. 59,882 56,882 + .................................. DCS Block II studies [-3,000] + unjustified growth. 266 1160489BB GLOBAL VIDEO SURVEILLANCE 4,606 4,606 ACTIVITIES. 267 1160490BB OPERATIONAL ENHANCEMENTS 11,612 11,612 INTELLIGENCE. 268 1203610K TELEPORT PROGRAM.................. 3,239 3,239 268A 9999999999 CLASSIFIED PROGRAMS............... 4,746,466 4,746,466 - .................................. SUBTOTAL OPERATIONAL SYSTEMS 6,161,946 6,252,218 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 6,161,946 6,278,925 DEVELOPMENT. .................................. .................................. SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS - 269 0608197V NATIONAL BACKGROUND INVESTIGATION 121,676 121,676 + 269 0608197V NATIONAL BACKGROUND INVESTIGATION 121,676 101,676 SERVICES--SOFTWARE PILOT PROGRAM. + .................................. Unjustified increase.......... [-20,000] 270 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 16,848 16,848 PILOT PROGRAM. 271 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 86,750 76,750 .................................. Program decrease.............. [-10,000] - 272 0308588D8Z ALGORITHMIC WARFARE CROSS 250,107 200,107 + 272 0308588D8Z ALGORITHMIC WARFARE CROSS 250,107 250,107 FUNCTIONAL TEAMS--SOFTWARE PILOT PROGRAM. - .................................. Program decrease.............. [-50,000] - .................................. SUBTOTAL SOFTWARE AND DIGITAL 475,381 415,381 + .................................. SUBTOTAL SOFTWARE AND DIGITAL 475,381 445,381 TECHNOLOGY PILOT PROGRAMS. .................................. - .................................. UNDISTRIBUTED - 273A 9999999999 PANDEMIC PREPAREDNESS AND 1,000,000 - RESILIENCE NATIONAL SECURITY FUND. - .................................. Program increase.............. [1,000,000] - .................................. SUBTOTAL UNDISTRIBUTED......... 1,000,000 - .................................. - .................................. TOTAL RESEARCH, DEVELOPMENT, 24,280,891 25,295,863 + .................................. TOTAL RESEARCH, DEVELOPMENT, 24,280,891 24,235,557 TEST & EVAL, DW. .................................. .................................. OPERATIONAL TEST & EVAL, DEFENSE @@ -58767,965 +61795,1300 @@ SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. .................................. TOTAL OPERATIONAL TEST & 210,090 210,090 EVAL, DEFENSE. .................................. - .................................. TOTAL RDT&E.................. 106,224,793 106,489,628 + .................................. TOTAL RDT&E.................. 106,224,793 104,708,901 ---------------------------------------------------------------------------------------------------------------- + SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS - CONTINGENCY OPERATIONS. +CONTINGENCY OPERATIONS. ------------------------------------------------------------------------ SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2021 House - Line Program Element Item Request Authorized + FY 2021 Conference + Line Program Element Item Request Authorized ------------------------------------------------------------------------ - ............... RESEARCH, - DEVELOPMENT, - TEST & EVAL, - ARMY - ............... APPLIED RESEARCH - 016 0602145A NEXT GENERATION 2,000 2,000 - COMBAT VEHICLE - TECHNOLOGY. - ............... SUBTOTAL 2,000 2,000 - APPLIED - RESEARCH. - ............... - ............... ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES - 080 0603327A AIR AND MISSILE 500 500 - DEFENSE SYSTEMS - ENGINEERING. - 114 0604785A INTEGRATED BASE 2,020 2,020 - DEFENSE (BUDGET - ACTIVITY 4). - ............... SUBTOTAL 2,520 2,520 - ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES. - ............... - ............... SYSTEM - DEVELOPMENT & - DEMONSTRATION - 131 0604741A AIR DEFENSE 27,000 27,000 - COMMAND, - CONTROL AND - INTELLIGENCE--E - NG DEV. - 159 0605035A COMMON INFRARED 2,300 2,300 - COUNTERMEASURES - (CIRCM). - 166 0605051A AIRCRAFT 64,625 64,625 - SURVIVABILITY - DEVELOPMENT. - 183 0304270A ELECTRONIC 3,900 3,900 - WARFARE - DEVELOPMENT. - ............... SUBTOTAL 97,825 97,825 - SYSTEM - DEVELOPMENT & - DEMONSTRATION. - ............... - ............... MANAGEMENT - SUPPORT - 198 0605709A EXPLOITATION OF 1,000 1,000 - FOREIGN ITEMS. - 209 0606003A COUNTERINTEL AND 4,137 4,137 - HUMAN INTEL - MODERNIZATION. - ............... SUBTOTAL 5,137 5,137 - MANAGEMENT - SUPPORT. - ............... - ............... OPERATIONAL - SYSTEMS - DEVELOPMENT - 239 0203802A OTHER MISSILE 2,300 2,300 - PRODUCT - IMPROVEMENT - PROGRAMS. - 248 0303028A SECURITY AND 23,367 23,367 - INTELLIGENCE - ACTIVITIES. - 257 0305204A TACTICAL 34,100 34,100 - UNMANNED AERIAL - VEHICLES. - 258 0305206A AIRBORNE 15,575 15,575 - RECONNAISSANCE - SYSTEMS. - ............... SUBTOTAL 75,342 75,342 - OPERATIONAL - SYSTEMS - DEVELOPMENT. - ............... - ............... TOTAL 182,824 182,824 - RESEARCH, + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, + ARMY + ................ APPLIED RESEARCH + 016 0602145A NEXT GENERATION 2,000 2,000 + COMBAT VEHICLE + TECHNOLOGY. + ................ SUBTOTAL 2,000 2,000 + APPLIED + RESEARCH. + ................ + ................ ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 080 0603327A AIR AND MISSILE 500 500 + DEFENSE SYSTEMS + ENGINEERING. + 114 0604785A INTEGRATED BASE 2,020 2,020 + DEFENSE (BUDGET + ACTIVITY 4). + ................ SUBTOTAL 2,520 2,520 + ADVANCED + COMPONENT + DEVELOPMENT + & PROTOTYPES. + ................ + ................ SYSTEM + DEVELOPMENT & + DEMONSTRATION + 131 0604741A AIR DEFENSE 27,000 27,000 + COMMAND, + CONTROL AND + INTELLIGENCE--E + NG DEV. + 159 0605035A COMMON INFRARED 2,300 2,300 + COUNTERMEASURES + (CIRCM). + 166 0605051A AIRCRAFT 64,625 64,625 + SURVIVABILITY + DEVELOPMENT. + 183 0304270A ELECTRONIC 3,900 3,900 + WARFARE + DEVELOPMENT. + ................ SUBTOTAL 97,825 97,825 + SYSTEM DEVELOPMENT - , TEST & - EVAL, ARMY. - ............... - ............... RESEARCH, - DEVELOPMENT, - TEST & EVAL, - NAVY - ............... ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES - 039 0603527N RETRACT LARCH... 36,500 36,500 - 058 0603654N JOINT SERVICE 14,461 14,461 - EXPLOSIVE - ORDNANCE - DEVELOPMENT. - 063 0603734N CHALK CORAL..... 3,000 3,000 - 071 0603795N LAND ATTACK 1,457 1,457 - TECHNOLOGY. - ............... SUBTOTAL 55,418 55,418 - ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES. - ............... - ............... SYSTEM - DEVELOPMENT & - DEMONSTRATION - 142 0604755N SHIP SELF 1,144 1,144 - DEFENSE (DETECT - & CONTROL). - ............... SUBTOTAL 1,144 1,144 - SYSTEM - DEVELOPMENT & - DEMONSTRATION. - ............... - ............... OPERATIONAL - SYSTEMS - DEVELOPMENT - 229 0206625M USMC 3,000 3,000 - INTELLIGENCE/ - ELECTRONIC - WARFARE SYSTEMS - (MIP). - ............... SUBTOTAL 3,000 3,000 - OPERATIONAL - SYSTEMS - DEVELOPMENT. - ............... - ............... TOTAL 59,562 59,562 - RESEARCH, + & + DEMONSTRATIO + N. + ................ + ................ MANAGEMENT + SUPPORT + 198 0605709A EXPLOITATION OF 1,000 1,000 + FOREIGN ITEMS. + 209 0606003A COUNTERINTEL AND 4,137 4,137 + HUMAN INTEL + MODERNIZATION. + ................ SUBTOTAL 5,137 5,137 + MANAGEMENT + SUPPORT. + ................ + ................ OPERATIONAL + SYSTEMS + DEVELOPMENT + 239 0203802A OTHER MISSILE 2,300 2,300 + PRODUCT + IMPROVEMENT + PROGRAMS. + 248 0303028A SECURITY AND 23,367 23,367 + INTELLIGENCE + ACTIVITIES. + 257 0305204A TACTICAL 34,100 34,100 + UNMANNED AERIAL + VEHICLES. + 258 0305206A AIRBORNE 15,575 15,575 + RECONNAISSANCE + SYSTEMS. + ................ SUBTOTAL 75,342 75,342 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ................ + ................ TOTAL 182,824 182,824 + RESEARCH, + DEVELOPMENT + , TEST & + EVAL, ARMY. + ................ + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, + NAVY + ................ ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 039 0603527N RETRACT LARCH... 36,500 36,500 + 058 0603654N JOINT SERVICE 14,461 14,461 + EXPLOSIVE + ORDNANCE + DEVELOPMENT. + 063 0603734N CHALK CORAL..... 3,000 3,000 + 071 0603795N LAND ATTACK 1,457 1,457 + TECHNOLOGY. + ................ SUBTOTAL 55,418 55,418 + ADVANCED + COMPONENT DEVELOPMENT - , TEST & - EVAL, NAVY. - ............... - ............... RESEARCH, - DEVELOPMENT, - TEST & EVAL, AF - ............... OPERATIONAL - SYSTEMS - DEVELOPMENT - 185 0205671F JOINT COUNTER 4,080 4,080 - RCIED - ELECTRONIC - WARFARE. - 228 0208288F INTEL DATA 1,224 1,224 - APPLICATIONS. - ............... SUBTOTAL 5,304 5,304 - OPERATIONAL - SYSTEMS - DEVELOPMENT. - ............... - ............... TOTAL 5,304 5,304 - RESEARCH, + & PROTOTYPES. + ................ + ................ SYSTEM + DEVELOPMENT & + DEMONSTRATION + 142 0604755N SHIP SELF 1,144 1,144 + DEFENSE (DETECT + & CONTROL). + ................ SUBTOTAL 1,144 1,144 + SYSTEM DEVELOPMENT - , TEST & - EVAL, AF. - ............... - ............... RESEARCH, - DEVELOPMENT, - TEST & EVAL, DW - ............... APPLIED RESEARCH - 010 0602134BR COUNTER 3,699 3,699 - IMPROVISED- - THREAT ADVANCED - STUDIES. - ............... SUBTOTAL 3,699 3,699 - APPLIED - RESEARCH. - ............... - ............... ADVANCED - TECHNOLOGY - DEVELOPMENT - 026 0603122D8Z COMBATING 19,288 19,288 - TERRORISM - TECHNOLOGY - SUPPORT. - 028 0603134BR COUNTER 3,861 3,861 - IMPROVISED- - THREAT - SIMULATION. - ............... SUBTOTAL 23,149 23,149 - ADVANCED - TECHNOLOGY - DEVELOPMENT. - ............... - ............... ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES - 097 0604134BR COUNTER 19,931 19,931 - IMPROVISED- - THREAT - DEMONSTRATION, - PROTOTYPE - DEVELOPMENT, - AND TESTING. - ............... SUBTOTAL 19,931 19,931 - ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES. - ............... - ............... OPERATIONAL - SYSTEMS - DEVELOPMENT - 260 1160408BB OPERATIONAL 1,186 1,186 - ENHANCEMENTS. - 261 1160431BB WARRIOR SYSTEMS. 5,796 5,796 - 263 1160434BB UNMANNED ISR.... 5,000 5,000 - 268A 9999999999 CLASSIFIED 24,057 24,057 - PROGRAMS. - ............... SUBTOTAL 36,039 36,039 - OPERATIONAL - SYSTEMS - DEVELOPMENT. - ............... - ............... TOTAL 82,818 82,818 - RESEARCH, + & + DEMONSTRATIO + N. + ................ + ................ OPERATIONAL + SYSTEMS + DEVELOPMENT + 229 0206625M USMC 3,000 3,000 + INTELLIGENCE/ + ELECTRONIC + WARFARE SYSTEMS + (MIP). + ................ SUBTOTAL 3,000 3,000 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ................ + ................ TOTAL 59,562 59,562 + RESEARCH, + DEVELOPMENT + , TEST & + EVAL, NAVY. + ................ + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, AF + ................ UNDISTRIBUTED + 185 0205671F JOINT COUNTER 4,080 4,080 + RCIED + ELECTRONIC + WARFARE. + 228 0208288F INTEL DATA 1,224 1,224 + APPLICATIONS. + ................ SUBTOTAL 5,304 5,304 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ................ + ................ TOTAL 5,304 5,304 + RESEARCH, + DEVELOPMENT + , TEST & + EVAL, AF. + ................ + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, DW + ................ APPLIED RESEARCH + 010 0602134BR COUNTER 3,699 3,699 + IMPROVISED- + THREAT ADVANCED + STUDIES. + ................ SUBTOTAL 3,699 3,699 + APPLIED + RESEARCH. + ................ + ................ ADVANCED + TECHNOLOGY + DEVELOPMENT + 026 0603122D8Z COMBATING 19,288 19,288 + TERRORISM + TECHNOLOGY + SUPPORT. + 028 0603134BR COUNTER 3,861 3,861 + IMPROVISED- + THREAT + SIMULATION. + ................ SUBTOTAL 23,149 23,149 + ADVANCED + TECHNOLOGY + DEVELOPMENT. + ................ + ................ ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 097 0604134BR COUNTER 19,931 19,931 + IMPROVISED- + THREAT + DEMONSTRATION, + PROTOTYPE + DEVELOPMENT, + AND TESTING. + ................ SUBTOTAL 19,931 19,931 + ADVANCED + COMPONENT DEVELOPMENT - , TEST & - EVAL, DW. - ............... - ............... TOTAL RDT&E 330,508 330,508 + & PROTOTYPES. + ................ + ................ OPERATIONAL + SYSTEMS + DEVELOPMENT + 260 1160408BB OPERATIONAL 1,186 1,186 + ENHANCEMENTS. + 261 1160431BB WARRIOR SYSTEMS. 5,796 5,796 + 263 1160434BB UNMANNED ISR.... 5,000 5,000 + 268A 9999999999 CLASSIFIED 24,057 24,057 + PROGRAMS. + ................ SUBTOTAL 36,039 36,039 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ................ + ................ TOTAL 82,818 82,818 + RESEARCH, + DEVELOPMENT + , TEST & + EVAL, DW. + ................ + ................ TOTAL RDT&E 330,508 330,508 ------------------------------------------------------------------------ + TITLE XLIII--OPERATION AND MAINTENANCE +Sec. 4301. Operation and maintenance. +Sec. 4302. Operation and maintenance for overseas contingency + operations. SEC. 4301. OPERATION AND MAINTENANCE. ----------------------------------------------------------------------------------------------------------------- - SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) ------------------------------------------------------------------------------------------------------------------ - FY 2021 House - Line Item Request Authorized ----------------------------------------------------------------------------------------------------------------- - OPERATION & MAINTENANCE, ARMY - OPERATING FORCES - 020 MODULAR SUPPORT BRIGADES.......................................... 159,834 143,834 - Unjustified funding for Dynamic Force Employment.............. [-16,000] - 030 ECHELONS ABOVE BRIGADE............................................ 663,751 660,951 - Unjustified funding for Dynamic Force Employment.............. [-2,800] - 040 THEATER LEVEL ASSETS.............................................. 956,477 956,477 - 050 LAND FORCES OPERATIONS SUPPORT.................................... 1,157,635 1,167,984 - Establishment of Joint CUAS Office............................ [10,349] - 060 AVIATION ASSETS................................................... 1,453,024 1,403,024 - Unjustified funding for Dynamic Force Employment.............. [-50,000] - 070 FORCE READINESS OPERATIONS SUPPORT................................ 4,713,660 4,713,660 - 080 LAND FORCES SYSTEMS READINESS..................................... 404,161 404,161 - 090 LAND FORCES DEPOT MAINTENANCE..................................... 1,413,359 1,513,359 - Program increase for depot maintenance activities............. [100,000] - 100 BASE OPERATIONS SUPPORT........................................... 8,220,093 8,320,093 - Child Youth Services program increase......................... [100,000] - 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,581,071 3,647,387 - Program increase for additional facility requirements......... [66,316] - 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 411,844 411,844 - 160 US AFRICA COMMAND................................................. 239,387 239,387 - 170 US EUROPEAN COMMAND............................................... 160,761 160,761 - 180 US SOUTHERN COMMAND............................................... 197,826 197,826 - 190 US FORCES KOREA................................................... 65,152 65,152 - 200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 430,109 430,109 - 210 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 464,117 464,117 - SUBTOTAL OPERATING FORCES..................................... 24,692,261 24,900,126 - - MOBILIZATION - 220 STRATEGIC MOBILITY................................................ 402,236 402,236 - 230 ARMY PREPOSITIONED STOCKS......................................... 324,306 324,306 - 240 INDUSTRIAL PREPAREDNESS........................................... 3,653 3,653 - SUBTOTAL MOBILIZATION......................................... 730,195 730,195 +------------------------------------------------------------------------ + SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 Conference + Line Item Request Authorized +------------------------------------------------------------------------ + OPERATION & MAINTENANCE, ARMY + OPERATING FORCES + 020 MODULAR SUPPORT BRIGADES...... 159,834 149,534 + Unjustified funding for [-10,300] + Dynamic Force Employment.. + 030 ECHELONS ABOVE BRIGADE........ 663,751 661,938 + Unjustified funding for [-1,813] + Dynamic Force Employment.. + 040 THEATER LEVEL ASSETS.......... 956,477 936,477 + Unjustified growth........ [-20,000] + 050 LAND FORCES OPERATIONS SUPPORT 1,157,635 1,157,635 + 060 AVIATION ASSETS............... 1,453,024 1,348,649 + Unjustified funding for [-32,375] + Dynamic Force Employment.. + Unjustified growth........ [-72,000] + 070 FORCE READINESS OPERATIONS 4,713,660 4,673,660 + SUPPORT...................... + PDI: Army UFR INDOPACOM [45,000] + MDTF #1................... + Transfer to MP,A line 13.. [-10,000] + Unjustified growth........ [-75,000] + 080 LAND FORCES SYSTEMS READINESS. 404,161 404,161 + 090 LAND FORCES DEPOT MAINTENANCE. 1,413,359 1,378,359 + Unjustified growth........ [-35,000] + 100 BASE OPERATIONS SUPPORT....... 8,220,093 8,340,093 + Army Community Services... [30,000] + Child Youth Services [90,000] + program increase.......... + 110 FACILITIES SUSTAINMENT, 3,581,071 3,815,531 + RESTORATION & MODERNIZATION.. + Program increase.......... [234,460] + 120 MANAGEMENT AND OPERATIONAL 411,844 411,844 + HEADQUARTERS................. + 160 US AFRICA COMMAND............. 239,387 277,887 + Force protection upfrades-- [2,500] + personnel recovery/ + casualty evacuation....... + Program increase-- [36,000] + personnel recovery and + casualty evacuation....... + 170 US EUROPEAN COMMAND........... 160,761 160,761 + 180 US SOUTHERN COMMAND........... 197,826 197,826 + 190 US FORCES KOREA............... 65,152 65,152 + 200 CYBERSPACE ACTIVITIES-- 430,109 430,109 + CYBERSPACE OPERATIONS........ + 210 CYBERSPACE ACTIVITIES-- 464,117 464,117 + CYBERSECURITY................ + SUBTOTAL OPERATING FORCES. 24,692,261 24,873,733 - TRAINING AND RECRUITING - 250 OFFICER ACQUISITION............................................... 165,142 165,142 - 260 RECRUIT TRAINING.................................................. 76,509 76,509 - 270 ONE STATION UNIT TRAINING......................................... 88,523 88,523 - 280 SENIOR RESERVE OFFICERS TRAINING CORPS............................ 535,578 535,578 - 290 SPECIALIZED SKILL TRAINING........................................ 981,436 981,436 - 300 FLIGHT TRAINING................................................... 1,204,768 1,204,768 - 310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 215,195 215,195 - 320 TRAINING SUPPORT.................................................. 575,232 575,232 - 330 RECRUITING AND ADVERTISING........................................ 722,612 672,612 - Program decrease.............................................. [-50,000] - 340 EXAMINING......................................................... 185,522 185,522 - 350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 221,503 221,503 - 360 CIVILIAN EDUCATION AND TRAINING................................... 154,651 154,651 - 370 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 173,286 173,286 - SUBTOTAL TRAINING AND RECRUITING.............................. 5,299,957 5,249,957 + MOBILIZATION + 220 STRATEGIC MOBILITY............ 402,236 402,236 + 230 ARMY PREPOSITIONED STOCKS..... 324,306 324,306 + 240 INDUSTRIAL PREPAREDNESS....... 3,653 3,653 + SUBTOTAL MOBILIZATION..... 730,195 730,195 - ADMIN & SRVWIDE ACTIVITIES - 390 SERVICEWIDE TRANSPORTATION........................................ 491,926 491,926 - 400 CENTRAL SUPPLY ACTIVITIES......................................... 812,613 812,613 - 410 LOGISTIC SUPPORT ACTIVITIES....................................... 676,178 676,178 - 420 AMMUNITION MANAGEMENT............................................. 437,774 437,774 - 430 ADMINISTRATION.................................................... 438,048 433,048 - Program decrease.............................................. [-5,000] - 440 SERVICEWIDE COMMUNICATIONS........................................ 1,638,872 1,628,872 - Reprioritization.............................................. [-10,000] - 450 MANPOWER MANAGEMENT............................................... 300,046 300,046 - 460 OTHER PERSONNEL SUPPORT........................................... 701,103 701,103 - 470 OTHER SERVICE SUPPORT............................................. 1,887,133 1,852,493 - Servicewoman's Commemorative Partnership...................... [3,000] - Transfer to DAWDF--reversal of DWR transfers.................. [-37,640] - 480 ARMY CLAIMS ACTIVITIES............................................ 195,291 195,291 - 490 REAL ESTATE MANAGEMENT............................................ 229,537 229,537 - 500 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 306,370 306,370 - 510 INTERNATIONAL MILITARY HEADQUARTERS............................... 373,030 373,030 - 520 MISC. SUPPORT OF OTHER NATIONS.................................... 32,719 32,719 - 565 CLASSIFIED PROGRAMS............................................... 1,069,915 1,069,915 - SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 9,590,555 9,540,915 + TRAINING AND RECRUITING + 250 OFFICER ACQUISITION........... 165,142 165,142 + 260 RECRUIT TRAINING.............. 76,509 76,509 + 270 ONE STATION UNIT TRAINING..... 88,523 88,523 + 280 SENIOR RESERVE OFFICERS 535,578 535,578 + TRAINING CORPS............... + 290 SPECIALIZED SKILL TRAINING.... 981,436 981,436 + 300 FLIGHT TRAINING............... 1,204,768 1,204,768 + 310 PROFESSIONAL DEVELOPMENT 215,195 215,195 + EDUCATION.................... + 320 TRAINING SUPPORT.............. 575,232 575,232 + 330 RECRUITING AND ADVERTISING.... 722,612 717,612 + Unjustified growth........ [-5,000] + 340 EXAMINING..................... 185,522 185,522 + 350 OFF-DUTY AND VOLUNTARY 221,503 221,503 + EDUCATION.................... + 360 CIVILIAN EDUCATION AND 154,651 154,651 + TRAINING..................... + 370 JUNIOR RESERVE OFFICER 173,286 173,286 + TRAINING CORPS............... + SUBTOTAL TRAINING AND 5,299,957 5,294,957 + RECRUITING................ - UNDISTRIBUTED - 570 UNDISTRIBUTED..................................................... -231,457 - Foreign Currency adjustments.................................. [-137,300] - Historical unobligated balances............................... [-94,157] - SUBTOTAL UNDISTRIBUTED........................................ -231,457 + ADMIN & SRVWIDE ACTIVITIES + 390 SERVICEWIDE TRANSPORTATION.... 491,926 491,926 + 400 CENTRAL SUPPLY ACTIVITIES..... 812,613 812,613 + 410 LOGISTIC SUPPORT ACTIVITIES... 676,178 676,178 + 420 AMMUNITION MANAGEMENT......... 437,774 437,774 + 430 ADMINISTRATION................ 438,048 438,048 + 440 SERVICEWIDE COMMUNICATIONS.... 1,638,872 1,618,872 + Unjustified growth........ [-20,000] + 450 MANPOWER MANAGEMENT........... 300,046 300,046 + 460 OTHER PERSONNEL SUPPORT....... 701,103 701,103 + 470 OTHER SERVICE SUPPORT......... 1,887,133 1,886,133 + Excess personnel increase. [-4,000] + Servicewoman's [3,000] + Commemorative Partnership. + 480 ARMY CLAIMS ACTIVITIES........ 195,291 195,291 + 490 REAL ESTATE MANAGEMENT........ 229,537 229,537 + 500 FINANCIAL MANAGEMENT AND AUDIT 306,370 306,370 + READINESS.................... + 510 INTERNATIONAL MILITARY 373,030 373,030 + HEADQUARTERS................. + 520 MISC. SUPPORT OF OTHER NATIONS 32,719 32,719 + 565 CLASSIFIED PROGRAMS........... 1,069,915 1,069,915 + SUBTOTAL ADMIN & SRVWIDE 9,590,555 9,569,555 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, ARMY.......................... 40,312,968 40,189,736 + UNDISTRIBUTED + 570 UNDISTRIBUTED................. -395,600 + COVID-related ops/training [-258,300] + slowdown.................. + Foreign Currency [-137,300] + adjustments............... + SUBTOTAL UNDISTRIBUTED.... -395,600 - OPERATION & MAINTENANCE, ARMY RES - OPERATING FORCES - 010 MODULAR SUPPORT BRIGADES.......................................... 10,784 10,784 - 020 ECHELONS ABOVE BRIGADE............................................ 530,425 530,425 - 030 THEATER LEVEL ASSETS.............................................. 123,737 123,737 - 040 LAND FORCES OPERATIONS SUPPORT.................................... 589,582 589,582 - 050 AVIATION ASSETS................................................... 89,332 89,332 - 060 FORCE READINESS OPERATIONS SUPPORT................................ 387,545 387,545 - 070 LAND FORCES SYSTEMS READINESS..................................... 97,569 97,569 - 080 LAND FORCES DEPOT MAINTENANCE..................................... 43,148 43,148 - 090 BASE OPERATIONS SUPPORT........................................... 587,098 587,098 - 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 327,180 333,239 - Program increase for additional facility requirements......... [6,059] - 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 28,783 28,783 - 120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 2,745 2,745 - 130 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,438 7,438 - SUBTOTAL OPERATING FORCES..................................... 2,825,366 2,831,425 + TOTAL OPERATION & 40,312,968 40,072,840 + MAINTENANCE, ARMY........ - ADMIN & SRVWD ACTIVITIES - 140 SERVICEWIDE TRANSPORTATION........................................ 15,530 15,530 - 150 ADMINISTRATION.................................................... 17,761 17,761 - 160 SERVICEWIDE COMMUNICATIONS........................................ 14,256 14,256 - 170 MANPOWER MANAGEMENT............................................... 6,564 6,564 - 180 RECRUITING AND ADVERTISING........................................ 55,240 55,240 - SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 109,351 109,351 + OPERATION & MAINTENANCE, ARMY + RES + OPERATING FORCES + 010 MODULAR SUPPORT BRIGADES...... 10,784 10,784 + 020 ECHELONS ABOVE BRIGADE........ 530,425 530,425 + 030 THEATER LEVEL ASSETS.......... 123,737 123,737 + 040 LAND FORCES OPERATIONS SUPPORT 589,582 579,582 + Unjustified growth........ [-8,400] + Unjustified personnel [-1,600] + growth.................... + 050 AVIATION ASSETS............... 89,332 89,332 + 060 FORCE READINESS OPERATIONS 387,545 387,545 + SUPPORT...................... + 070 LAND FORCES SYSTEMS READINESS. 97,569 97,569 + 080 LAND FORCES DEPOT MAINTENANCE. 43,148 43,148 + 090 BASE OPERATIONS SUPPORT....... 587,098 587,098 + 100 FACILITIES SUSTAINMENT, 327,180 333,239 + RESTORATION & MODERNIZATION.. + Program increase for [6,059] + additional facility + requirements.............. + 110 MANAGEMENT AND OPERATIONAL 28,783 28,783 + HEADQUARTERS................. + 120 CYBERSPACE ACTIVITIES-- 2,745 2,745 + CYBERSPACE OPERATIONS........ + 130 CYBERSPACE ACTIVITIES-- 7,438 7,438 + CYBERSECURITY................ + SUBTOTAL OPERATING FORCES. 2,825,366 2,821,425 - UNDISTRIBUTED - 210 UNDISTRIBUTED..................................................... -10,100 - Historical unobligated balances............................... [-10,100] - SUBTOTAL UNDISTRIBUTED........................................ -10,100 + ADMIN & SRVWD ACTIVITIES + 140 SERVICEWIDE TRANSPORTATION.... 15,530 15,530 + 150 ADMINISTRATION................ 17,761 17,761 + 160 SERVICEWIDE COMMUNICATIONS.... 14,256 14,256 + 170 MANPOWER MANAGEMENT........... 6,564 6,564 + 180 RECRUITING AND ADVERTISING.... 55,240 55,240 + SUBTOTAL ADMIN & SRVWD 109,351 109,351 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, ARMY RES...................... 2,934,717 2,930,676 + UNDISTRIBUTED + 210 UNDISTRIBUTED................. -33,500 + COVID-related ops/training [-33,500] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -33,500 - OPERATION & MAINTENANCE, ARNG - OPERATING FORCES - 010 MANEUVER UNITS.................................................... 769,449 769,449 - 020 MODULAR SUPPORT BRIGADES.......................................... 204,604 204,604 - 030 ECHELONS ABOVE BRIGADE............................................ 812,072 812,072 - 040 THEATER LEVEL ASSETS.............................................. 103,650 103,650 - 050 LAND FORCES OPERATIONS SUPPORT.................................... 32,485 32,485 - 060 AVIATION ASSETS................................................... 1,011,142 1,011,142 - 070 FORCE READINESS OPERATIONS SUPPORT................................ 712,881 712,881 - 080 LAND FORCES SYSTEMS READINESS..................................... 47,732 47,732 - 090 LAND FORCES DEPOT MAINTENANCE..................................... 265,408 265,408 - 100 BASE OPERATIONS SUPPORT........................................... 1,106,704 1,106,704 - 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 876,032 892,254 - Program increase for additional facility requirements......... [16,222] - 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,050,257 1,050,257 - 130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 7,998 7,998 - 140 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,756 7,756 - SUBTOTAL OPERATING FORCES..................................... 7,008,170 7,024,392 + TOTAL OPERATION & 2,934,717 2,897,276 + MAINTENANCE, ARMY RES.... - ADMIN & SRVWD ACTIVITIES - 150 SERVICEWIDE TRANSPORTATION........................................ 8,018 8,018 - 160 ADMINISTRATION.................................................... 74,309 74,309 - 170 SERVICEWIDE COMMUNICATIONS........................................ 66,140 66,140 - 180 MANPOWER MANAGEMENT............................................... 9,087 9,087 - 190 OTHER PERSONNEL SUPPORT........................................... 251,714 251,714 - 200 REAL ESTATE MANAGEMENT............................................ 2,576 2,576 - SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 411,844 411,844 + OPERATION & MAINTENANCE, ARNG + OPERATING FORCES + 010 MANEUVER UNITS................ 769,449 769,449 + 020 MODULAR SUPPORT BRIGADES...... 204,604 204,604 + 030 ECHELONS ABOVE BRIGADE........ 812,072 812,072 + 040 THEATER LEVEL ASSETS.......... 103,650 101,150 + Insufficient justification [-2,500] + 050 LAND FORCES OPERATIONS SUPPORT 32,485 32,485 + 060 AVIATION ASSETS............... 1,011,142 1,011,142 + 070 FORCE READINESS OPERATIONS 712,881 712,881 + SUPPORT...................... + 080 LAND FORCES SYSTEMS READINESS. 47,732 47,732 + 090 LAND FORCES DEPOT MAINTENANCE. 265,408 265,408 + 100 BASE OPERATIONS SUPPORT....... 1,106,704 1,106,704 + 110 FACILITIES SUSTAINMENT, 876,032 892,254 + RESTORATION & MODERNIZATION.. + Program increase for [16,222] + additional facility + requirements.............. + 120 MANAGEMENT AND OPERATIONAL 1,050,257 1,050,257 + HEADQUARTERS................. + 130 CYBERSPACE ACTIVITIES-- 7,998 8,998 + CYBERSPACE OPERATIONS........ + Program increase--cyber [1,000] + security training center.. + 140 CYBERSPACE ACTIVITIES-- 7,756 7,756 + CYBERSECURITY................ + SUBTOTAL OPERATING FORCES. 7,008,170 7,022,892 - UNDISTRIBUTED - 220 UNDISTRIBUTED..................................................... -19,900 - Historical unobligated balances............................... [-19,900] - SUBTOTAL UNDISTRIBUTED........................................ -19,900 + ADMIN & SRVWD ACTIVITIES + 150 SERVICEWIDE TRANSPORTATION.... 8,018 8,018 + 160 ADMINISTRATION................ 74,309 74,309 + 170 SERVICEWIDE COMMUNICATIONS.... 66,140 66,140 + 180 MANPOWER MANAGEMENT........... 9,087 9,087 + 190 OTHER PERSONNEL SUPPORT....... 251,714 251,714 + 200 REAL ESTATE MANAGEMENT........ 2,576 2,576 + SUBTOTAL ADMIN & SRVWD 411,844 411,844 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, ARNG.......................... 7,420,014 7,416,336 + UNDISTRIBUTED + 220 UNDISTRIBUTED................. -66,100 + COVID-related ops/training [-66,100] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -66,100 - OPERATION & MAINTENANCE, NAVY - OPERATING FORCES - 010 MISSION AND OTHER FLIGHT OPERATIONS............................... 5,738,746 5,359,952 - Transfer to OCO............................................... [-378,794] - 020 FLEET AIR TRAINING................................................ 2,213,673 2,161,673 - Restoration of Congressional mark............................. [-52,000] - 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 57,144 57,144 - 040 AIR OPERATIONS AND SAFETY SUPPORT................................. 171,949 171,949 - 050 AIR SYSTEMS SUPPORT............................................... 838,767 834,067 - Restoration of Congressional mark............................. [-4,700] - 060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,459,447 1,459,447 - 070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 57,789 57,789 - 080 AVIATION LOGISTICS................................................ 1,264,665 1,234,430 - Restoration of Congressional mark............................. [-30,235] - 090 MISSION AND OTHER SHIP OPERATIONS................................. -178,060 - Insufficient justification.................................... [-195,000] - Preservation of LCS 3 and LCS 4............................... [16,940] - 100 SHIP OPERATIONS SUPPORT & TRAINING................................ 1,117,067 1,110,267 - Restoration of Congressional mark............................. [-6,800] - 110 SHIP DEPOT MAINTENANCE............................................ 7,859,104 8,530,664 - Preservation of LCS 3 and LCS 4............................... [21,560] - Realignment from Procurement for Ship Depot Maintenance Pilot. [650,000] - 120 SHIP DEPOT OPERATIONS SUPPORT..................................... 2,262,196 2,261,796 - Preservation of LCS 3 and LCS 4............................... [12,600] - Restoration of Congressional mark............................. [-13,000] - 125 SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN......................... 90,000 - Realignment from Sustainment, Readiness, and Modernization.... [90,000] - 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE...................... 1,521,360 1,502,360 - Restoration of Congressional mark............................. [-19,000] - 140 SPACE SYSTEMS AND SURVEILLANCE.................................... 274,087 274,087 - 150 WARFARE TACTICS................................................... 741,609 741,609 - 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 401,382 401,382 - 170 COMBAT SUPPORT FORCES............................................. 1,546,273 936,273 - Restoration of Congressional mark............................. [-60,000] - Transfer to OCO............................................... [-550,000] - 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................ 177,951 177,951 - 190 COMBATANT COMMANDERS CORE OPERATIONS.............................. 61,484 61,484 - 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 102,330 124,130 - Indo-Pacific Counter-Terrorism Information Facility........... [2,000] - Indo-Pacific Special Operations Joint Task Force.............. [6,300] - INDOPACOM Mission Command and Control (MPE-C2)................ [13,500] - 210 MILITARY INFORMATION SUPPORT OPERATIONS........................... 8,810 8,810 - 220 CYBERSPACE ACTIVITIES............................................. 567,496 567,496 - 230 FLEET BALLISTIC MISSILE........................................... 1,428,102 1,428,102 - 240 WEAPONS MAINTENANCE............................................... 995,762 950,762 - Restoration of Congressional mark............................. [-45,000] - 250 OTHER WEAPON SYSTEMS SUPPORT...................................... 524,008 524,008 - 260 ENTERPRISE INFORMATION............................................ 1,229,056 1,184,056 - Program decrease.............................................. [-25,000] - Restoration of Congressional mark............................. [-20,000] - 270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 3,453,099 3,427,045 - Program increase for additional facility requirements......... [63,946] - Realignment to Shipyard Infrastructure Optimization Plan...... [-90,000] - 280 BASE OPERATING SUPPORT............................................ 4,627,966 4,603,966 - Restoration of Congressional mark............................. [-24,000] - SUBTOTAL OPERATING FORCES..................................... 40,701,322 40,064,639 + TOTAL OPERATION & 7,420,014 7,368,636 + MAINTENANCE, ARNG........ - MOBILIZATION - 290 SHIP PREPOSITIONING AND SURGE..................................... 849,993 657,900 - Realignment to National Defense Sealift Fund.................. [-314,193] - Restoration of Congressional mark............................. [-20,000] - Strategic sealift (MSC surge) annual operating result loss.... [57,000] - Surge sealift readiness....................................... [85,100] - 300 READY RESERVE FORCE............................................... 436,029 376,029 - Acquisition and conversion of additional used vessels......... [60,000] - Realignment to National Defense Sealift Fund.................. [-120,000] - 310 SHIP ACTIVATIONS/INACTIVATIONS.................................... 286,416 258,416 - Restoration of Congressional mark............................. [-28,000] - 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 99,402 42,190 - Realignment to National Defense Sealift Fund.................. [-57,212] - 330 COAST GUARD SUPPORT............................................... 25,235 25,235 - SUBTOTAL MOBILIZATION......................................... 1,697,075 1,359,770 + OPERATION & MAINTENANCE, NAVY + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT 5,738,746 5,373,746 + OPERATIONS................... + Transfer to OCO........... [-300,000] + Unjustified increase...... [-65,000] + 020 FLEET AIR TRAINING............ 2,213,673 2,163,673 + Restoration of [-50,000] + Congressional mark........ + 030 AVIATION TECHNICAL DATA & 57,144 57,144 + ENGINEERING SERVICES......... + 040 AIR OPERATIONS AND SAFETY 171,949 171,949 + SUPPORT...................... + 050 AIR SYSTEMS SUPPORT........... 838,767 834,067 + Restoration of [-4,700] + Congressional mark........ + 060 AIRCRAFT DEPOT MAINTENANCE.... 1,459,447 1,454,447 + Unjustified growth........ [-5,000] + 070 AIRCRAFT DEPOT OPERATIONS 57,789 57,789 + SUPPORT...................... + 080 AVIATION LOGISTICS............ 1,264,665 1,234,665 + Restoration of [-30,000] + Congressional mark........ + 100 SHIP OPERATIONS SUPPORT & 1,117,067 1,107,067 + TRAINING..................... + Unjustified increase...... [-10,000] + 110 SHIP DEPOT MAINTENANCE........ 7,859,104 7,859,104 + 120 SHIP DEPOT OPERATIONS SUPPORT. 2,262,196 2,242,196 + Unjustified increase...... [-13,000] + Unjustified personnel [-7,000] + growth.................... + 125 SHIPYARD INFRASTRUCTURE 90,000 + OPTIMIZATION PLAN............ + Realignment from [90,000] + Sustainment, Readiness, + and Modernization......... + 130 COMBAT COMMUNICATIONS AND 1,521,360 1,502,360 + ELECTRONIC WARFARE........... + Unjustified increase...... [-19,000] + 140 SPACE SYSTEMS AND SURVEILLANCE 274,087 274,087 + 150 WARFARE TACTICS............... 741,609 741,609 + 160 OPERATIONAL METEOROLOGY AND 401,382 401,382 + OCEANOGRAPHY................. + 170 COMBAT SUPPORT FORCES......... 1,546,273 936,273 + Restoration of [-60,000] + Congressional mark........ + Transfer to OCO........... [-550,000] + 180 EQUIPMENT MAINTENANCE AND 177,951 177,951 + DEPOT OPERATIONS SUPPORT..... + 190 COMBATANT COMMANDERS CORE 61,484 66,084 + OPERATIONS................... + PDI: Asia-Pacific Regional [4,600] + Initiative................ + 200 COMBATANT COMMANDERS DIRECT 102,330 110,630 + MISSION SUPPORT.............. + PDI: Indo-Pacific Counter- [2,000] + Terrorism Information + Facility.................. + PDI: Indo-Pacific Special [6,300] + Operations Joint Task + Force..................... + 210 MILITARY INFORMATION SUPPORT 8,810 8,810 + OPERATIONS................... + 220 CYBERSPACE ACTIVITIES......... 567,496 567,496 + 230 FLEET BALLISTIC MISSILE....... 1,428,102 1,428,102 + 240 WEAPONS MAINTENANCE........... 995,762 950,762 + Restoration of [-45,000] + Congressional mark........ + 250 OTHER WEAPON SYSTEMS SUPPORT.. 524,008 524,008 + 260 ENTERPRISE INFORMATION........ 1,229,056 1,204,056 + Program decrease.......... [-5,000] + Restoration of [-20,000] + Congressional mark........ + 270 SUSTAINMENT, RESTORATION AND 3,453,099 3,454,793 + MODERNIZATION................ + Navy requested transfer [27,748] + from RDTE,N line 184...... + Program increase for [63,946] + additional facility + requirements.............. + Realignment to Shipyard [-90,000] + Infrastructure + Optimization Plan......... + 280 BASE OPERATING SUPPORT........ 4,627,966 4,603,966 + Restoration of [-24,000] + Congressional mark........ + SUBTOTAL OPERATING FORCES. 40,701,322 39,598,216 - TRAINING AND RECRUITING - 340 OFFICER ACQUISITION............................................... 186,117 186,117 - 350 RECRUIT TRAINING.................................................. 13,206 13,206 - 360 RESERVE OFFICERS TRAINING CORPS................................... 163,683 163,683 - 370 SPECIALIZED SKILL TRAINING........................................ 947,841 930,641 - Restoration of Congressional mark............................. [-17,200] - 380 PROFESSIONAL DEVELOPMENT EDUCATION................................ 367,647 369,147 - Sea Cadets.................................................... [1,500] - 390 TRAINING SUPPORT.................................................. 254,928 254,928 - 400 RECRUITING AND ADVERTISING........................................ 206,305 206,305 - 410 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 103,799 103,799 - 420 CIVILIAN EDUCATION AND TRAINING................................... 66,060 66,060 - 430 JUNIOR ROTC....................................................... 56,276 56,276 - SUBTOTAL TRAINING AND RECRUITING.............................. 2,365,862 2,350,162 + MOBILIZATION + 290 SHIP PREPOSITIONING AND SURGE. 849,993 657,900 + Realignment to National [-314,193] + Defense Sealift Fund...... + Restoration of [-20,000] + Congressional mark........ + Strategic sealift (MSC [57,000] + surge) annual operating + result loss............... + Surge sealift readiness... [85,100] + 300 READY RESERVE FORCE........... 436,029 376,029 + Acquisition and conversion [60,000] + of additional used vessels + Realignment to National [-120,000] + Defense Sealift Fund...... + 310 SHIP ACTIVATIONS/INACTIVATIONS 286,416 258,416 + Restoration of [-28,000] + Congressional mark........ + 320 EXPEDITIONARY HEALTH SERVICES 99,402 99,402 + SYSTEMS...................... + 330 COAST GUARD SUPPORT........... 25,235 25,235 + SUBTOTAL MOBILIZATION..... 1,697,075 1,416,982 - ADMIN & SRVWD ACTIVITIES - 440 ADMINISTRATION.................................................... 1,249,410 1,186,410 - Program decrease.............................................. [-30,000] - Restoration of Congressional mark............................. [-33,000] - 450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 189,625 189,625 - 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 499,904 499,904 - 470 MEDICAL ACTIVITIES................................................ 196,747 196,747 - 480 SERVICEWIDE TRANSPORTATION........................................ 165,708 160,614 - Unjustified funding for Dynamic Force Employment.............. [-5,094] - 500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................ 519,716 519,716 - 510 ACQUISITION, LOGISTICS, AND OVERSIGHT............................. 751,184 690,564 - Transfer to DAWDF--reversal of DWR transfers.................. [-60,620] - 520 INVESTIGATIVE AND SECURITY SERVICES............................... 747,519 736,519 - Restoration of Congressional mark............................. [-11,000] - 625 CLASSIFIED PROGRAMS............................................... 608,670 608,670 - SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 4,928,483 4,788,769 + TRAINING AND RECRUITING + 340 OFFICER ACQUISITION........... 186,117 186,117 + 350 RECRUIT TRAINING.............. 13,206 13,206 + 360 RESERVE OFFICERS TRAINING 163,683 163,683 + CORPS........................ + 370 SPECIALIZED SKILL TRAINING.... 947,841 930,841 + Restoration of [-17,000] + Congressional mark........ + 380 PROFESSIONAL DEVELOPMENT 367,647 369,147 + EDUCATION.................... + Sea Cadets................ [1,500] + 390 TRAINING SUPPORT.............. 254,928 254,928 + 400 RECRUITING AND ADVERTISING.... 206,305 206,305 + 410 OFF-DUTY AND VOLUNTARY 103,799 103,799 + EDUCATION.................... + 420 CIVILIAN EDUCATION AND 66,060 66,060 + TRAINING..................... + 430 JUNIOR ROTC................... 56,276 56,276 + SUBTOTAL TRAINING AND 2,365,862 2,350,362 + RECRUITING................ - UNDISTRIBUTED - 770 UNDISTRIBUTED..................................................... -71,900 - Foreign Currency adjustments.................................. [-48,500] - Historical unobligated balances............................... [-23,400] - SUBTOTAL UNDISTRIBUTED........................................ -71,900 + ADMIN & SRVWD ACTIVITIES + 440 ADMINISTRATION................ 1,249,410 1,203,410 + Program decrease.......... [-13,000] + Restoration of [-33,000] + Congressional mark........ + 450 CIVILIAN MANPOWER AND 189,625 189,625 + PERSONNEL MANAGEMENT......... + 460 MILITARY MANPOWER AND 499,904 499,904 + PERSONNEL MANAGEMENT......... + 470 MEDICAL ACTIVITIES............ 196,747 196,747 + 480 SERVICEWIDE TRANSPORTATION.... 165,708 162,410 + Unjustified funding for [-3,298] + Dynamic Force Employment.. + 500 PLANNING, ENGINEERING, AND 519,716 519,716 + PROGRAM SUPPORT.............. + 510 ACQUISITION, LOGISTICS, AND 751,184 740,184 + OVERSIGHT.................... + Program decrease [-11,000] + unaccounted for........... + 520 INVESTIGATIVE AND SECURITY 747,519 747,519 + SERVICES..................... + 625 CLASSIFIED PROGRAMS........... 608,670 608,670 + SUBTOTAL ADMIN & SRVWD 4,928,483 4,868,185 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, NAVY.......................... 49,692,742 48,491,440 + UNDISTRIBUTED + 770 UNDISTRIBUTED................. -126,000 + COVID-related ops/training [-77,500] + slowdown.................. + Foreign Currency [-48,500] + adjustments............... + SUBTOTAL UNDISTRIBUTED.... -126,000 - OPERATION & MAINTENANCE, MARINE CORPS - OPERATING FORCES - 010 OPERATIONAL FORCES................................................ 941,143 527,743 - Transfer to OCO............................................... [-400,000] - Unjustified funding for Dynamic Force Employment.............. [-13,400] - 020 FIELD LOGISTICS................................................... 1,277,798 1,277,798 - 030 DEPOT MAINTENANCE................................................. 206,907 206,907 - 040 MARITIME PREPOSITIONING........................................... 103,614 103,614 - 050 CYBERSPACE ACTIVITIES............................................. 215,974 215,974 - 060 SUSTAINMENT, RESTORATION & MODERNIZATION.......................... 938,063 955,434 - Program increase for additional facility requirements......... [17,371] - 070 BASE OPERATING SUPPORT............................................ 2,264,680 2,360,680 - Program increase.............................................. [96,000] - SUBTOTAL OPERATING FORCES..................................... 5,948,179 5,648,150 + TOTAL OPERATION & 49,692,742 48,107,745 + MAINTENANCE, NAVY........ - TRAINING AND RECRUITING - 080 RECRUIT TRAINING.................................................. 20,751 20,751 - 090 OFFICER ACQUISITION............................................... 1,193 1,193 - 100 SPECIALIZED SKILL TRAINING........................................ 110,149 110,149 - 110 PROFESSIONAL DEVELOPMENT EDUCATION................................ 69,509 69,509 - 120 TRAINING SUPPORT.................................................. 412,613 412,613 - 130 RECRUITING AND ADVERTISING........................................ 215,464 215,464 - 140 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 33,719 33,719 - 150 JUNIOR ROTC....................................................... 25,784 25,784 - SUBTOTAL TRAINING AND RECRUITING.............................. 889,182 889,182 + OPERATION & MAINTENANCE, + MARINE CORPS + OPERATING FORCES + 010 OPERATIONAL FORCES............ 941,143 517,464 + Deactivation of 2X [-1,761] + companies................. + Insufficient justification [-10,300] + Transfer to OCO........... [-400,000] + Unit deactivation......... [-2,942] + Unjustified funding for [-8,676] + Dynamic Force Employment.. + 020 FIELD LOGISTICS............... 1,277,798 1,277,798 + 030 DEPOT MAINTENANCE............. 206,907 168,414 + USMC-identified asset for [-38,493] + FY21 depot maintenance + workload.................. + 040 MARITIME PREPOSITIONING....... 103,614 103,614 + 050 CYBERSPACE ACTIVITIES......... 215,974 215,974 + 060 SUSTAINMENT, RESTORATION & 938,063 955,434 + MODERNIZATION................ + Program increase for [17,371] + additional facility + requirements.............. + 070 BASE OPERATING SUPPORT........ 2,264,680 2,365,680 + Program increase.......... [101,000] + SUBTOTAL OPERATING FORCES. 5,948,179 5,604,378 - ADMIN & SRVWD ACTIVITIES - 160 SERVICEWIDE TRANSPORTATION........................................ 32,005 32,005 - 170 ADMINISTRATION.................................................... 399,363 399,363 - 215 CLASSIFIED PROGRAMS............................................... 59,878 59,878 - SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 491,246 491,246 + TRAINING AND RECRUITING + 080 RECRUIT TRAINING.............. 20,751 20,751 + 090 OFFICER ACQUISITION........... 1,193 1,193 + 100 SPECIALIZED SKILL TRAINING.... 110,149 110,149 + 110 PROFESSIONAL DEVELOPMENT 69,509 69,509 + EDUCATION.................... + 120 TRAINING SUPPORT.............. 412,613 412,613 + 130 RECRUITING AND ADVERTISING.... 215,464 215,464 + 140 OFF-DUTY AND VOLUNTARY 33,719 33,719 + EDUCATION.................... + 150 JUNIOR ROTC................... 25,784 25,784 + SUBTOTAL TRAINING AND 889,182 889,182 + RECRUITING................ - UNDISTRIBUTED - 230 UNDISTRIBUTED..................................................... -19,700 - Foreign Currency adjustments.................................. [-13,400] - Historical unobligated balances............................... [-6,300] - SUBTOTAL UNDISTRIBUTED........................................ -19,700 + ADMIN & SRVWD ACTIVITIES + 160 SERVICEWIDE TRANSPORTATION.... 32,005 32,005 + 170 ADMINISTRATION................ 399,363 399,363 + 215 CLASSIFIED PROGRAMS........... 59,878 59,878 + SUBTOTAL ADMIN & SRVWD 491,246 491,246 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, MARINE CORPS.................. 7,328,607 7,008,878 + UNDISTRIBUTED + 230 UNDISTRIBUTED................. -34,200 + COVID-related ops/training [-20,800] + slowdown.................. + Foreign Currency [-13,400] + adjustments............... + SUBTOTAL UNDISTRIBUTED.... -34,200 - OPERATION & MAINTENANCE, NAVY RES - OPERATING FORCES - 010 MISSION AND OTHER FLIGHT OPERATIONS............................... 635,070 635,070 - 020 INTERMEDIATE MAINTENANCE.......................................... 8,713 8,713 - 030 AIRCRAFT DEPOT MAINTENANCE........................................ 105,088 105,088 - 040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 398 398 - 050 AVIATION LOGISTICS................................................ 27,284 27,284 - 070 COMBAT COMMUNICATIONS............................................. 17,894 17,894 - 080 COMBAT SUPPORT FORCES............................................. 132,862 132,862 - 090 CYBERSPACE ACTIVITIES............................................. 453 453 - 100 ENTERPRISE INFORMATION............................................ 26,073 26,073 - 110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 48,762 49,665 - Program increase for additional facility requirements......... [903] - 120 BASE OPERATING SUPPORT............................................ 103,580 103,580 - SUBTOTAL OPERATING FORCES..................................... 1,106,177 1,107,080 + TOTAL OPERATION & 7,328,607 6,950,606 + MAINTENANCE, MARINE CORPS - ADMIN & SRVWD ACTIVITIES - 130 ADMINISTRATION.................................................... 1,927 1,927 - 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 15,895 15,895 - 150 ACQUISITION AND PROGRAM MANAGEMENT................................ 3,047 3,047 - SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 20,869 20,869 + OPERATION & MAINTENANCE, NAVY + RES + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT 635,070 632,070 + OPERATIONS................... + Insufficient justification [-3,000] + 020 INTERMEDIATE MAINTENANCE...... 8,713 8,713 + 030 AIRCRAFT DEPOT MAINTENANCE.... 105,088 105,088 + 040 AIRCRAFT DEPOT OPERATIONS 398 398 + SUPPORT...................... + 050 AVIATION LOGISTICS............ 27,284 27,284 + 070 COMBAT COMMUNICATIONS......... 17,894 17,894 + 080 COMBAT SUPPORT FORCES......... 132,862 132,862 + 090 CYBERSPACE ACTIVITIES......... 453 453 + 100 ENTERPRISE INFORMATION........ 26,073 26,073 + 110 SUSTAINMENT, RESTORATION AND 48,762 49,665 + MODERNIZATION................ + Program increase for [903] + additional facility + requirements.............. + 120 BASE OPERATING SUPPORT........ 103,580 103,580 + SUBTOTAL OPERATING FORCES. 1,106,177 1,104,080 - UNDISTRIBUTED - 190 UNDISTRIBUTED..................................................... -3,800 - Historical unobligated balances............................... [-3,800] - SUBTOTAL UNDISTRIBUTED........................................ -3,800 + ADMIN & SRVWD ACTIVITIES + 130 ADMINISTRATION................ 1,927 1,927 + 140 MILITARY MANPOWER AND 15,895 15,895 + PERSONNEL MANAGEMENT......... + 150 ACQUISITION AND PROGRAM 3,047 3,047 + MANAGEMENT................... + SUBTOTAL ADMIN & SRVWD 20,869 20,869 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, NAVY RES...................... 1,127,046 1,124,149 + UNDISTRIBUTED + 190 UNDISTRIBUTED................. -12,700 + COVID-related ops/training [-12,700] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -12,700 - OPERATION & MAINTENANCE, MC RESERVE - OPERATING FORCES - 010 OPERATING FORCES.................................................. 104,616 104,616 - 020 DEPOT MAINTENANCE................................................. 17,053 17,053 - 030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 41,412 42,179 - Program increase for additional facility requirements......... [767] - 040 BASE OPERATING SUPPORT............................................ 107,773 107,773 - SUBTOTAL OPERATING FORCES..................................... 270,854 271,621 + TOTAL OPERATION & 1,127,046 1,112,249 + MAINTENANCE, NAVY RES.... - ADMIN & SRVWD ACTIVITIES - 050 ADMINISTRATION.................................................... 13,802 13,802 - SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 13,802 13,802 + OPERATION & MAINTENANCE, MC + RESERVE + OPERATING FORCES + 010 OPERATING FORCES.............. 104,616 104,616 + 020 DEPOT MAINTENANCE............. 17,053 17,053 + 030 SUSTAINMENT, RESTORATION AND 41,412 42,179 + MODERNIZATION................ + Program increase for [767] + additional facility + requirements.............. + 040 BASE OPERATING SUPPORT........ 107,773 107,773 + SUBTOTAL OPERATING FORCES. 270,854 271,621 - UNDISTRIBUTED - 70 UNDISTRIBUTED..................................................... -700 - Historical unobligated balances............................... [-700] - SUBTOTAL UNDISTRIBUTED........................................ -700 + ADMIN & SRVWD ACTIVITIES + 050 ADMINISTRATION................ 13,802 13,802 + SUBTOTAL ADMIN & SRVWD 13,802 13,802 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, MC RESERVE.................... 284,656 284,723 + UNDISTRIBUTED + 70 UNDISTRIBUTED................. -2,500 + COVID-related ops/training [-2,500] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -2,500 - OPERATION & MAINTENANCE, AIR FORCE - OPERATING FORCES - 010 PRIMARY COMBAT FORCES............................................. 731,511 733,181 - A-10 retention................................................ [1,670] - 020 COMBAT ENHANCEMENT FORCES......................................... 1,275,485 1,275,485 - 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,437,095 1,449,525 - A-10 retention................................................ [12,430] - 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 154,260 - A-10 retention................................................ [81,460] - KC-135 and KC-10 aircraft retention........................... [72,800] - 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,241,216 3,301,238 - Program increase for additional facility requirements......... [60,022] - 060 CYBERSPACE SUSTAINMENT............................................ 235,816 235,816 - 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,508,342 1,508,342 - 080 FLYING HOUR PROGRAM............................................... 4,458,457 4,511,317 - A-10 retention................................................ [52,860] - 090 BASE SUPPORT...................................................... 7,497,288 7,487,088 - Unjustified funding for Dynamic Force Employment.............. [-10,200] - 100 GLOBAL C3I AND EARLY WARNING...................................... 849,842 849,842 - 110 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,067,055 820,725 - Realignment from Base to OCO.................................. [-246,330] - 120 CYBERSPACE ACTIVITIES............................................. 698,579 693,579 - Program decrease.............................................. [-5,000] - 150 SPACE CONTROL SYSTEMS............................................. 34,194 34,194 - 160 US NORTHCOM/NORAD................................................. 204,268 204,268 - 170 US STRATCOM....................................................... 526,809 526,809 - 180 US CYBERCOM....................................................... 314,524 314,524 - 190 US CENTCOM........................................................ 186,116 186,116 - 200 US SOCOM.......................................................... 9,881 9,881 - 210 US TRANSCOM....................................................... 1,046 1,046 - 230 USSPACECOM........................................................ 249,022 249,022 - 235 CLASSIFIED PROGRAMS............................................... 1,289,339 1,289,339 - SUBTOTAL OPERATING FORCES..................................... 25,815,885 25,835,597 + TOTAL OPERATION & 284,656 282,923 + MAINTENANCE, MC RESERVE.. - MOBILIZATION - 240 AIRLIFT OPERATIONS................................................ 1,350,031 1,110,031 - Realignment from Base to OCO.................................. [-240,000] - 250 MOBILIZATION PREPAREDNESS......................................... 647,168 647,168 - SUBTOTAL MOBILIZATION......................................... 1,997,199 1,757,199 + OPERATION & MAINTENANCE, AIR + FORCE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES......... 731,511 733,181 + A-10 retention............ [1,670] + 020 COMBAT ENHANCEMENT FORCES..... 1,275,485 1,272,985 + Unjustified personnel [-2,500] + growth.................... + 030 AIR OPERATIONS TRAINING (OJT, 1,437,095 1,441,525 + MAINTAIN SKILLS)............. + A-10 retention............ [12,430] + Insufficient justification [-8,000] + 040 DEPOT PURCHASE EQUIPMENT 117,375 + MAINTENANCE.................. + A-10 retention............ [65,575] + KC-10 aircraft retention.. [48,400] + KC-135 aircraft retention. [3,400] + 050 FACILITIES SUSTAINMENT, 3,241,216 3,343,016 + RESTORATION & MODERNIZATION.. + Program increase.......... [101,800] + 060 CYBERSPACE SUSTAINMENT........ 235,816 235,816 + 070 CONTRACTOR LOGISTICS SUPPORT 1,508,342 1,524,227 + AND SYSTEM SUPPORT........... + A-10 aircraft retention... [15,885] + 080 FLYING HOUR PROGRAM........... 4,458,457 4,564,117 + A-10 aircraft retention... [52,860] + KC-10 tanker divestment [16,200] + reversal.................. + KC-135 tanker divestment [36,600] + reversal.................. + 090 BASE SUPPORT.................. 7,497,288 7,468,684 + Insufficient justification [-22,000] + Unjustified funding for [-6,604] + Dynamic Force Employment.. + 100 GLOBAL C3I AND EARLY WARNING.. 849,842 871,642 + Insufficient justification [-9,000] + PDI: Mission Partner [30,800] + Environment implementation + 110 OTHER COMBAT OPS SPT PROGRAMS. 1,067,055 868,476 + Program decrease [-3,000] + unaccounted for........... + Realignment from Base to [-195,579] + OCO....................... + 120 CYBERSPACE ACTIVITIES......... 698,579 698,579 + 150 SPACE CONTROL SYSTEMS......... 34,194 34,194 + 160 US NORTHCOM/NORAD............. 204,268 204,268 + 170 US STRATCOM................... 526,809 526,809 + 180 US CYBERCOM................... 314,524 314,524 + 190 US CENTCOM.................... 186,116 186,116 + 200 US SOCOM...................... 9,881 9,881 + 210 US TRANSCOM................... 1,046 1,046 + 230 USSPACECOM.................... 249,022 249,022 + 235 CLASSIFIED PROGRAMS........... 1,289,339 1,289,339 + SUBTOTAL OPERATING FORCES. 25,815,885 25,954,822 - TRAINING AND RECRUITING - 260 OFFICER ACQUISITION............................................... 142,548 142,548 - 270 RECRUIT TRAINING.................................................. 25,720 25,720 - 280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 128,295 128,295 - 290 SPECIALIZED SKILL TRAINING........................................ 417,335 417,335 - 300 FLIGHT TRAINING................................................... 615,033 615,033 - 310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 298,795 298,795 - 320 TRAINING SUPPORT.................................................. 85,844 85,844 - 330 RECRUITING AND ADVERTISING........................................ 155,065 155,065 - 340 EXAMINING......................................................... 4,474 4,474 - 350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 219,349 219,349 - 360 CIVILIAN EDUCATION AND TRAINING................................... 361,570 371,570 - Sustainment Workforce Development Program increase............ [10,000] - 370 JUNIOR ROTC....................................................... 72,126 72,126 - SUBTOTAL TRAINING AND RECRUITING.............................. 2,526,154 2,536,154 + MOBILIZATION + 240 AIRLIFT OPERATIONS............ 1,350,031 1,150,031 + Realignment from Base to [-200,000] + OCO....................... + 250 MOBILIZATION PREPAREDNESS..... 647,168 647,168 + SUBTOTAL MOBILIZATION..... 1,997,199 1,797,199 - ADMIN & SRVWD ACTIVITIES - 380 LOGISTICS OPERATIONS.............................................. 672,426 672,426 - 390 TECHNICAL SUPPORT ACTIVITIES...................................... 145,130 103,070 - Transfer to DAWDF--reversal of DWR transfers.................. [-42,060] - 400 ADMINISTRATION.................................................... 851,251 851,251 - 410 SERVICEWIDE COMMUNICATIONS........................................ 28,554 28,554 - 420 OTHER SERVICEWIDE ACTIVITIES...................................... 1,188,414 1,183,814 - Program Decrease.............................................. [-4,600] - 430 CIVIL AIR PATROL.................................................. 28,772 43,215 - Program increase.............................................. [14,443] - 450 INTERNATIONAL SUPPORT............................................. 158,803 158,803 - 455 CLASSIFIED PROGRAMS............................................... 1,338,009 1,338,009 - SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 4,411,359 4,379,142 + TRAINING AND RECRUITING + 260 OFFICER ACQUISITION........... 142,548 142,548 + 270 RECRUIT TRAINING.............. 25,720 25,720 + 280 RESERVE OFFICERS TRAINING 128,295 128,295 + CORPS (ROTC)................. + 290 SPECIALIZED SKILL TRAINING.... 417,335 417,335 + 300 FLIGHT TRAINING............... 615,033 615,033 + 310 PROFESSIONAL DEVELOPMENT 298,795 298,795 + EDUCATION.................... + 320 TRAINING SUPPORT.............. 85,844 85,844 + 330 RECRUITING AND ADVERTISING.... 155,065 155,065 + 340 EXAMINING..................... 4,474 4,474 + 350 OFF-DUTY AND VOLUNTARY 219,349 219,349 + EDUCATION.................... + 360 CIVILIAN EDUCATION AND 361,570 358,570 + TRAINING..................... + Insufficient justification [-3,000] + 370 JUNIOR ROTC................... 72,126 72,126 + SUBTOTAL TRAINING AND 2,526,154 2,523,154 + RECRUITING................ - UNDISTRIBUTED - 550 UNDISTRIBUTED..................................................... -72,700 - Foreign Currency adjustments.................................. [-39,400] - Historical unobligated balances............................... [-33,300] - SUBTOTAL UNDISTRIBUTED........................................ -72,700 + ADMIN & SRVWD ACTIVITIES + 380 LOGISTICS OPERATIONS.......... 672,426 672,426 + 390 TECHNICAL SUPPORT ACTIVITIES.. 145,130 145,130 + 400 ADMINISTRATION................ 851,251 829,251 + Program decrease.......... [-22,000] + 410 SERVICEWIDE COMMUNICATIONS.... 28,554 28,554 + 420 OTHER SERVICEWIDE ACTIVITIES.. 1,188,414 1,183,814 + Program decrease.......... [-4,600] + 430 CIVIL AIR PATROL.............. 28,772 43,205 + Program increase.......... [14,433] + 450 INTERNATIONAL SUPPORT......... 158,803 158,803 + 455 CLASSIFIED PROGRAMS........... 1,338,009 1,338,009 + SUBTOTAL ADMIN & SRVWD 4,411,359 4,399,192 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, AIR FORCE..................... 34,750,597 34,435,392 + UNDISTRIBUTED + 550 UNDISTRIBUTED................. -225,800 + COVID-related ops/training [-110,600] + slowdown.................. + COVID-related throughput [-75,800] + carryover adjustment...... + Foreign Currency [-39,400] + adjustments............... + SUBTOTAL UNDISTRIBUTED.... -225,800 - OPERATION & MAINTENANCE, SPACE FORCE - OPERATING FORCES - 020 GLOBAL C3I & EARLY WARNING........................................ 276,109 276,109 - 030 SPACE LAUNCH OPERATIONS........................................... 177,056 177,056 - 040 SPACE OPERATIONS.................................................. 475,338 475,338 - 050 EDUCATION & TRAINING.............................................. 18,660 18,660 - 060 SPECIAL PROGRAMS.................................................. 137,315 137,315 - 070 DEPOT MAINTENANCE................................................. 250,324 250,324 - 080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT............................. 1,063,969 1,060,969 - Program decrease.............................................. [-3,000] - SUBTOTAL OPERATING FORCES..................................... 2,398,771 2,395,771 + TOTAL OPERATION & 34,750,597 34,448,567 + MAINTENANCE, AIR FORCE... - ADMINISTRATION AND SERVICE WIDE ACTIVITIES - 090 ADMINISTRATION.................................................... 132,523 132,523 - SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES........... 132,523 132,523 + OPERATION & MAINTENANCE, SPACE + FORCE + OPERATING FORCES + 020 GLOBAL C3I & EARLY WARNING.... 276,109 276,109 + 030 SPACE LAUNCH OPERATIONS....... 177,056 177,056 + 040 SPACE OPERATIONS.............. 475,338 475,338 + 050 EDUCATION & TRAINING.......... 18,660 18,660 + 060 SPECIAL PROGRAMS.............. 137,315 137,315 + 070 DEPOT MAINTENANCE............. 250,324 250,324 + 080 CONTRACTOR LOGISTICS & SYSTEM 1,063,969 1,063,969 + SUPPORT...................... + SUBTOTAL OPERATING FORCES. 2,398,771 2,398,771 - UNDISTRIBUTED - 110 UNDISTRIBUTED..................................................... -2,400 - Historical unobligated balances............................... [-2,400] - SUBTOTAL UNDISTRIBUTED........................................ -2,400 + ADMINISTRATION AND SERVICE + WIDE ACTIVITIES + 090 ADMINISTRATION................ 132,523 123,523 + Unjustified growth........ [-9,000] + SUBTOTAL ADMINISTRATION 132,523 123,523 + AND SERVICE WIDE + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, SPACE FORCE................... 2,531,294 2,525,894 + UNDISTRIBUTED + 110 UNDISTRIBUTED................. -8,000 + COVID-related ops/training [-8,000] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -8,000 - OPERATION & MAINTENANCE, AF RESERVE - OPERATING FORCES - 010 PRIMARY COMBAT FORCES............................................. 1,782,016 1,782,016 - 020 MISSION SUPPORT OPERATIONS........................................ 215,209 215,209 - 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 453,896 476,096 - KC-135 and KC-10 aircraft retention........................... [22,200] - 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 103,414 105,329 - Program increase for additional facility requirements......... [1,915] - 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 224,977 224,977 - 060 BASE SUPPORT...................................................... 452,468 452,468 - 070 CYBERSPACE ACTIVITIES............................................. 2,259 2,259 - SUBTOTAL OPERATING FORCES..................................... 3,234,239 3,258,354 + TOTAL OPERATION & 2,531,294 2,514,294 + MAINTENANCE, SPACE FORCE. - ADMINISTRATION AND SERVICEWIDE ACTIVITIES - 080 ADMINISTRATION.................................................... 74,258 74,258 - 090 RECRUITING AND ADVERTISING........................................ 23,121 23,121 - 100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 12,006 12,006 - 110 OTHER PERS SUPPORT (DISABILITY COMP).............................. 6,165 6,165 - 120 AUDIOVISUAL....................................................... 495 495 - SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES............ 116,045 116,045 + OPERATION & MAINTENANCE, AF + RESERVE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES......... 1,782,016 1,767,016 + Insufficient justification [-15,000] + 020 MISSION SUPPORT OPERATIONS.... 215,209 214,209 + Insufficient justification [-1,000] + 030 DEPOT PURCHASE EQUIPMENT 453,896 453,896 + MAINTENANCE.................. + 040 FACILITIES SUSTAINMENT, 103,414 107,614 + RESTORATION & MODERNIZATION.. + Program increase for [4,200] + additional facility + requirements.............. + 050 CONTRACTOR LOGISTICS SUPPORT 224,977 224,977 + AND SYSTEM SUPPORT........... + 060 BASE SUPPORT.................. 452,468 452,468 + 070 CYBERSPACE ACTIVITIES......... 2,259 2,259 + SUBTOTAL OPERATING FORCES. 3,234,239 3,222,439 - UNDISTRIBUTED - 130 UNDISTRIBUTED..................................................... -9,100 - Historical unobligated balances............................... [-9,100] - SUBTOTAL UNDISTRIBUTED........................................ -9,100 + ADMINISTRATION AND SERVICEWIDE + ACTIVITIES + 080 ADMINISTRATION................ 74,258 74,258 + 090 RECRUITING AND ADVERTISING.... 23,121 23,121 + 100 MILITARY MANPOWER AND PERS 12,006 12,006 + MGMT (ARPC).................. + 110 OTHER PERS SUPPORT (DISABILITY 6,165 6,165 + COMP)........................ + 120 AUDIOVISUAL................... 495 495 + SUBTOTAL ADMINISTRATION 116,045 116,045 + AND SERVICEWIDE ACTIVITIES - TOTAL OPERATION & MAINTENANCE, AF RESERVE.................... 3,350,284 3,365,299 + UNDISTRIBUTED + 130 UNDISTRIBUTED................. -30,300 + COVID-related ops/training [-30,300] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -30,300 - OPERATION & MAINTENANCE, ANG - OPERATING FORCES - 010 AIRCRAFT OPERATIONS............................................... 2,476,205 2,476,205 - 020 MISSION SUPPORT OPERATIONS........................................ 611,325 611,325 - 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 1,138,919 1,153,919 - KC-135 aircraft retention..................................... [15,000] - 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 323,605 359,598 - Installation recovery......................................... [30,000] - Program increase for additional facility requirements......... [5,993] - 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,100,828 1,100,828 - 060 BASE SUPPORT...................................................... 962,438 962,438 - 070 CYBERSPACE SUSTAINMENT............................................ 27,028 27,028 - 080 CYBERSPACE ACTIVITIES............................................. 16,380 16,380 - SUBTOTAL OPERATING FORCES..................................... 6,656,728 6,707,721 + TOTAL OPERATION & 3,350,284 3,308,184 + MAINTENANCE, AF RESERVE.. - ADMINISTRATION AND SERVICE-WIDE ACTIVITIES - 090 ADMINISTRATION.................................................... 48,218 48,218 - 100 RECRUITING AND ADVERTISING........................................ 48,696 48,696 - SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 96,914 96,914 + OPERATION & MAINTENANCE, ANG + OPERATING FORCES + 010 AIRCRAFT OPERATIONS........... 2,476,205 2,476,205 + 020 MISSION SUPPORT OPERATIONS.... 611,325 611,325 + 030 DEPOT PURCHASE EQUIPMENT 1,138,919 1,138,919 + MAINTENANCE.................. + 040 FACILITIES SUSTAINMENT, 323,605 362,505 + RESTORATION & MODERNIZATION.. + Installation recovery..... [30,000] + Program increase for [8,900] + additional facility + requirements.............. + 050 CONTRACTOR LOGISTICS SUPPORT 1,100,828 1,100,828 + AND SYSTEM SUPPORT........... + 060 BASE SUPPORT.................. 962,438 962,438 + 070 CYBERSPACE SUSTAINMENT........ 27,028 27,028 + 080 CYBERSPACE ACTIVITIES......... 16,380 16,380 + SUBTOTAL OPERATING FORCES. 6,656,728 6,695,628 - UNDISTRIBUTED - 110 UNDISTRIBUTED..................................................... -13,300 - Historical unobligated balances............................... [-13,300] - SUBTOTAL UNDISTRIBUTED........................................ -13,300 + ADMINISTRATION AND SERVICE- + WIDE ACTIVITIES + 090 ADMINISTRATION................ 48,218 48,218 + 100 RECRUITING AND ADVERTISING.... 48,696 45,696 + Insufficient justification [-3,000] + SUBTOTAL ADMINISTRATION 96,914 93,914 + AND SERVICE-WIDE + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, ANG........................... 6,753,642 6,791,335 + UNDISTRIBUTED + 110 UNDISTRIBUTED................. -44,300 + COVID-related ops/training [-44,300] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -44,300 - OPERATION AND MAINTENANCE, DEFENSE-WIDE - OPERATING FORCES - 010 JOINT CHIEFS OF STAFF............................................. 439,111 439,111 - 020 JOINT CHIEFS OF STAFF--CE2T2...................................... 535,728 535,728 - 030 JOINT CHIEFS OF STAFF--CYBER...................................... 24,728 24,728 - 040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.......... 1,069,971 1,069,971 - 050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES.................. 9,800 9,800 - 060 SPECIAL OPERATIONS COMMAND INTELLIGENCE........................... 561,907 556,907 - Unjustified growth............................................ [-5,000] - 070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................ 685,097 680,097 - Program decrease.............................................. [-5,000] - 080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS.... 158,971 158,971 - 090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.................... 1,062,748 1,062,748 - 100 SPECIAL OPERATIONS COMMAND THEATER FORCES......................... 2,598,385 2,598,385 - SUBTOTAL OPERATING FORCES..................................... 7,146,446 7,136,446 + TOTAL OPERATION & 6,753,642 6,745,242 + MAINTENANCE, ANG......... - TRAINING AND RECRUITING - 120 DEFENSE ACQUISITION UNIVERSITY.................................... 162,963 162,963 - 130 JOINT CHIEFS OF STAFF............................................. 95,684 95,684 - 140 PROFESSIONAL DEVELOPMENT EDUCATION................................ 33,301 33,301 - SUBTOTAL TRAINING AND RECRUITING.............................. 291,948 291,948 + OPERATION AND MAINTENANCE, + DEFENSE-WIDE + OPERATING FORCES + 010 JOINT CHIEFS OF STAFF......... 439,111 424,111 + Insufficient justification [-15,000] + 020 JOINT CHIEFS OF STAFF--CE2T2.. 535,728 535,728 + 030 JOINT CHIEFS OF STAFF--CYBER.. 24,728 24,728 + 040 SPECIAL OPERATIONS COMMAND 1,069,971 1,072,931 + COMBAT DEVELOPMENT ACTIVITIES + SOCOM Syria exfiltration [2,960] + reconsitution............. + 050 SPECIAL OPERATIONS COMMAND 9,800 9,800 + CYBERSPACE ACTIVITIES........ + 060 SPECIAL OPERATIONS COMMAND 561,907 555,907 + INTELLIGENCE................. + DOMEX insufficient budget [-6,000] + justification............. + 070 SPECIAL OPERATIONS COMMAND 685,097 705,814 + MAINTENANCE.................. + Program increase.......... [22,000] + Unjustified DCS growth.... [-1,283] + 080 SPECIAL OPERATIONS COMMAND 158,971 158,971 + MANAGEMENT/OPERATIONAL + HEADQUARTERS................. + 090 SPECIAL OPERATIONS COMMAND 1,062,748 1,062,748 + OPERATIONAL SUPPORT.......... + 100 SPECIAL OPERATIONS COMMAND 2,598,385 2,583,952 + THEATER FORCES............... + Flying hours program [-12,400] + excess to need............ + Overestimation of civilian [-2,033] + personnel costs........... + SUBTOTAL OPERATING FORCES. 7,146,446 7,134,690 - ADMIN & SRVWIDE ACTIVITIES - 160 CIVIL MILITARY PROGRAMS........................................... 147,993 167,993 - Program increase--STARBASE.................................... [20,000] - 180 DEFENSE CONTRACT AUDIT AGENCY..................................... 604,835 636,565 - Restoration of DWR reductions................................. [31,730] - 190 DEFENSE CONTRACT AUDIT AGENCY--CYBER.............................. 3,282 3,282 - 210 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,370,681 1,445,781 - Restoration of DWR reductions................................. [75,100] - 220 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER......................... 22,532 22,532 - 230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY................... 949,008 949,008 - 250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............ 9,577 9,577 - 260 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 799,952 813,356 - Defense Flagship Language and Project Global Officer program [13,404] - increase...................................................... - 270 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER........................... 20,806 20,806 - 280 DEFENSE INFORMATION SYSTEMS AGENCY................................ 1,883,190 1,871,590 - JRSS program decrease......................................... [-11,600] - 290 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER......................... 582,639 582,639 - 330 DEFENSE LEGAL SERVICES AGENCY..................................... 37,637 37,637 - 340 DEFENSE LOGISTICS AGENCY.......................................... 382,084 412,084 - Maternity Uniform Pilot Program............................... [10,000] - Program increase--PTAP........................................ [20,000] - 350 DEFENSE MEDIA ACTIVITY............................................ 196,997 205,997 - Stars and Stripes............................................. [9,000] - 360 DEFENSE PERSONNEL ACCOUNTING AGENCY............................... 129,225 129,225 - 370 DEFENSE SECURITY COOPERATION AGENCY............................... 598,559 598,559 - 400 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 38,432 38,432 - 410 DEFENSE THREAT REDUCTION AGENCY................................... 591,780 591,780 - 430 DEFENSE THREAT REDUCTION AGENCY--CYBER............................ 24,635 24,635 - 440 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 2,941,429 2,991,429 - Impact Aid.................................................... [40,000] - Impact Aid for children with disabilities..................... [10,000] - 450 MISSILE DEFENSE AGENCY............................................ 505,858 505,858 - 480 OFFICE OF ECONOMIC ADJUSTMENT..................................... 40,272 129,272 - Defense Community Infrastructure Program...................... [50,000] - Guam Public Health Laboratory................................. [19,000] - Restoration of DWR reduction.................................. [20,000] - 490 OFFICE OF THE SECRETARY OF DEFENSE................................ 1,540,446 1,619,446 - Additional FTEs, Office of the Deputy Assistant Secretary for [2,000] - Environment................................................... - Additional FTEs, Office of the Deputy Assistant Secretary for [2,000] - Facilities Management......................................... - Basic needs allowance......................................... [50,000] - JASON scientific advisory group............................... [3,000] - National Security Commission on Artificial Intelligence [2,500] - (NSCAI)....................................................... - Program decrease.............................................. [-15,500] - Program increase--Readiness and Environmental Protection [25,000] - Initiative.................................................... - Undersecretary of Defense for Intelligence and Security, [10,000] - medical intelligence improvements............................. - 500 OFFICE OF THE SECRETARY OF DEFENSE--CYBER......................... 51,630 51,630 - 510 SPACE DEVELOPMENT AGENCY.......................................... 48,166 36,166 - Reduction for studies......................................... [-7,000] - Unjustified growth............................................ [-5,000] - 530 WASHINGTON HEADQUARTERS SERVICES.................................. 340,291 340,291 - 535 CLASSIFIED PROGRAMS............................................... 17,348,749 17,348,749 - SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 31,210,685 31,584,319 + TRAINING AND RECRUITING + 120 DEFENSE ACQUISITION UNIVERSITY 162,963 162,963 + 130 JOINT CHIEFS OF STAFF......... 95,684 95,684 + 140 PROFESSIONAL DEVELOPMENT 33,301 33,301 + EDUCATION.................... + SUBTOTAL TRAINING AND 291,948 291,948 + RECRUITING................ - UNDISTRIBUTED - 600 UNDISTRIBUTED..................................................... -88,000 - Foreign Currency adjustments.................................. [-18,700] - Historical unobligated balances............................... [-69,300] - SUBTOTAL UNDISTRIBUTED........................................ -88,000 + ADMIN & SRVWIDE ACTIVITIES + 160 CIVIL MILITARY PROGRAMS....... 147,993 179,878 + Innovative Readiness [16,885] + Training.................. + Program increase--STARBASE [15,000] + 180 DEFENSE CONTRACT AUDIT AGENCY. 604,835 623,835 + Program increase--DWR [19,000] + reductions funding + restoration............... + 190 DEFENSE CONTRACT AUDIT AGENCY-- 3,282 3,282 + CYBER........................ + 210 DEFENSE CONTRACT MANAGEMENT 1,370,681 1,412,681 + AGENCY....................... + Restoration of DWR [42,000] + reductions................ + 220 DEFENSE CONTRACT MANAGEMENT 22,532 22,532 + AGENCY--CYBER................ + 230 DEFENSE COUNTERINTELLIGENCE 949,008 949,008 + AND SECURITY AGENCY.......... + 250 DEFENSE COUNTERINTELLIGENCE 9,577 9,577 + AND SECURITY AGENCY--CYBER... + 260 DEFENSE HUMAN RESOURCES 799,952 800,356 + ACTIVITY..................... + Defense Flagship Language [13,404] + and Project Global Officer + program increase.......... + Insufficient justification [-13,000] + 270 DEFENSE HUMAN RESOURCES 20,806 20,806 + ACTIVITY--CYBER.............. + 280 DEFENSE INFORMATION SYSTEMS 1,883,190 1,853,190 + AGENCY....................... + JAIC insufficient [-30,000] + justification............. + 290 DEFENSE INFORMATION SYSTEMS 582,639 577,939 + AGENCY--CYBER................ + JRSS SIPR funding......... [-4,700] + 330 DEFENSE LEGAL SERVICES AGENCY. 37,637 37,637 + 340 DEFENSE LOGISTICS AGENCY...... 382,084 415,584 + Maternity Uniform Pilot [10,000] + Program................... + Program increase--homeless [3,500] + blankets program.......... + Program increase--PTAP.... [20,000] + 350 DEFENSE MEDIA ACTIVITY........ 196,997 205,997 + Stars and Stripes......... [9,000] + 360 DEFENSE PERSONNEL ACCOUNTING 129,225 129,225 + AGENCY....................... + 370 DEFENSE SECURITY COOPERATION 598,559 588,559 + AGENCY....................... + Unjustified growth for [-10,000] + Institute for Security + Governance................ + 400 DEFENSE TECHNOLOGY SECURITY 38,432 38,432 + ADMINISTRATION............... + 410 DEFENSE THREAT REDUCTION 591,780 591,780 + AGENCY....................... + 430 DEFENSE THREAT REDUCTION 24,635 24,635 + AGENCY--CYBER................ + 440 DEPARTMENT OF DEFENSE 2,941,429 3,011,429 + EDUCATION ACTIVITY........... + Impact Aid................ [50,000] + Impact Aid for children [20,000] + with disabilities......... + 450 MISSILE DEFENSE AGENCY........ 505,858 505,858 + 480 OFFICE OF ECONOMIC ADJUSTMENT. 40,272 134,272 + Defense Community [50,000] + Infrastructure Program.... + Guam Public Health [19,000] + Laboratory................ + Military Aircraft Noise [5,000] + Mitigation................ + Restoration of DWR [20,000] + reduction................. + 490 OFFICE OF THE SECRETARY OF 1,540,446 1,588,696 + DEFENSE...................... + Additional FTEs, Office of [2,000] + the Deputy Assistant + Secretary for Environment. + Bien Hoa dioxin cleanup... [15,000] + CDC PFAS health assessment [15,000] + Cooperative program for [2,000] + Vietnam personnel MIA..... + DOD Congressional reports [1,000] + process modernization..... + FY20 NDAA Sec. 575 [2,750] + interstate spousal + licensing................. + JASON scientific advisory [3,000] + group..................... + National Security [2,500] + Commission on Artificial + Intelligence (NSCAI)...... + Pilot program for cyber [2,500] + cooperation............... + Program increase-- [25,000] + Readiness and + Environmental Protection + Initiative................ + Unjustified growth........ [-22,500] + 500 OFFICE OF THE SECRETARY OF 51,630 51,630 + DEFENSE--CYBER............... + 510 SPACE DEVELOPMENT AGENCY...... 48,166 36,166 + Reduction for studies..... [-7,000] + Unjustified growth........ [-5,000] + 530 WASHINGTON HEADQUARTERS 340,291 333,291 + SERVICES..................... + Insufficient justification [-7,000] + 535 CLASSIFIED PROGRAMS........... 17,348,749 17,348,749 + SUBTOTAL ADMIN & SRVWIDE 31,210,685 31,495,024 + ACTIVITIES................ - TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE................ 38,649,079 38,924,713 + UNDISTRIBUTED + 600 UNDISTRIBUTED................. -248,500 + COVID-related ops/training [-229,800] + slowdown.................. + Foreign Currency [-18,700] + adjustments............... + SUBTOTAL UNDISTRIBUTED.... -248,500 - US COURT OF APPEALS FOR ARMED FORCES, DEF - ADMINISTRATION AND ASSOCIATED ACTIVITIES - 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 15,211 15,211 - SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES............. 15,211 15,211 + TOTAL OPERATION AND 38,649,079 38,673,162 + MAINTENANCE, DEFENSE-WIDE - TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF.............. 15,211 15,211 + US COURT OF APPEALS FOR ARMED + FORCES, DEF + ADMINISTRATION AND ASSOCIATED + ACTIVITIES + 010 US COURT OF APPEALS FOR THE 15,211 15,211 + ARMED FORCES, DEFENSE........ + SUBTOTAL ADMINISTRATION 15,211 15,211 + AND ASSOCIATED ACTIVITIES. - DOD ACQUISITION WORKFORCE DEVELOPMENT FUND - ACQUISITION WORKFORCE DEVELOPMENT - 010 ACQ WORKFORCE DEV FD.............................................. 58,181 198,501 - Transfer from services--reversal of DWR transfers............. [140,320] - SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT.................... 58,181 198,501 + TOTAL US COURT OF APPEALS 15,211 15,211 + FOR ARMED FORCES, DEF.... - TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND............. 58,181 198,501 + DOD ACQUISITION WORKFORCE + DEVELOPMENT FUND + ACQUISITION WORKFORCE + DEVELOPMENT + 010 ACQ WORKFORCE DEV FD.......... 58,181 108,181 + DWR restore OSD-level [50,000] + acquisition workforce + activities................ + SUBTOTAL ACQUISITION 58,181 108,181 + WORKFORCE DEVELOPMENT..... - OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID - HUMANITARIAN ASSISTANCE - 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 109,900 109,900 - SUBTOTAL HUMANITARIAN ASSISTANCE.............................. 109,900 109,900 + TOTAL DOD ACQUISITION 58,181 108,181 + WORKFORCE DEVELOPMENT + FUND..................... - TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID......... 109,900 109,900 + OVERSEAS HUMANITARIAN, + DISASTER, AND CIVIC AID + HUMANITARIAN ASSISTANCE + 010 OVERSEAS HUMANITARIAN, 109,900 109,900 + DISASTER AND CIVIC AID....... + SUBTOTAL HUMANITARIAN 109,900 109,900 + ASSISTANCE................ - COOPERATIVE THREAT REDUCTION ACCOUNT - COOPERATIVE THREAT REDUCTION - 010 COOPERATIVE THREAT REDUCTION...................................... 238,490 373,690 - Restoration of funding........................................ [135,200] - SUBTOTAL COOPERATIVE THREAT REDUCTION......................... 238,490 373,690 + TOTAL OVERSEAS 109,900 109,900 + HUMANITARIAN, DISASTER, + AND CIVIC AID............ - TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT................... 238,490 373,690 + COOPERATIVE THREAT REDUCTION + ACCOUNT + COOPERATIVE THREAT REDUCTION + 010 COOPERATIVE THREAT REDUCTION.. 238,490 360,190 + Restoration of funding.... [121,700] + SUBTOTAL COOPERATIVE 238,490 360,190 + THREAT REDUCTION.......... - ENVIRONMENTAL RESTORATION - DEPARTMENT OF THE ARMY - 050 ENVIRONMENTAL RESTORATION, ARMY................................... 207,518 207,518 - SUBTOTAL DEPARTMENT OF THE ARMY............................... 207,518 207,518 + TOTAL COOPERATIVE THREAT 238,490 360,190 + REDUCTION ACCOUNT........ - DEPARTMENT OF THE NAVY - 060 ENVIRONMENTAL RESTORATION, NAVY................................... 335,932 335,932 - SUBTOTAL DEPARTMENT OF THE NAVY............................... 335,932 335,932 + ENVIRONMENTAL RESTORATION + DEPARTMENT OF THE ARMY + 050 ENVIRONMENTAL RESTORATION, 207,518 207,518 + ARMY......................... + SUBTOTAL DEPARTMENT OF THE 207,518 207,518 + ARMY...................... - DEPARTMENT OF THE AIR FORCE - 070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 303,926 303,926 - SUBTOTAL DEPARTMENT OF THE AIR FORCE.......................... 303,926 303,926 + DEPARTMENT OF THE NAVY + 060 ENVIRONMENTAL RESTORATION, 335,932 335,932 + NAVY......................... + SUBTOTAL DEPARTMENT OF THE 335,932 335,932 + NAVY...................... - DEFENSE-WIDE - 080 ENVIRONMENTAL RESTORATION, DEFENSE................................ 9,105 9,105 - SUBTOTAL DEFENSE-WIDE......................................... 9,105 9,105 + DEPARTMENT OF THE AIR FORCE + 070 ENVIRONMENTAL RESTORATION, AIR 303,926 303,926 + FORCE........................ + SUBTOTAL DEPARTMENT OF THE 303,926 303,926 + AIR FORCE................. - DEFENSE-WIDE - 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 216,587 266,587 - Military Munitions Response Program........................... [50,000] - SUBTOTAL DEFENSE-WIDE......................................... 216,587 266,587 + DEFENSE-WIDE + 080 ENVIRONMENTAL RESTORATION, 9,105 9,105 + DEFENSE...................... + SUBTOTAL DEFENSE-WIDE..... 9,105 9,105 - TOTAL ENVIRONMENTAL RESTORATION.............................. 1,073,068 1,123,068 + DEFENSE-WIDE + 090 ENVIRONMENTAL RESTORATION 216,587 216,587 + FORMERLY USED SITES.......... + SUBTOTAL DEFENSE-WIDE..... 216,587 216,587 - UNDISTRIBUTED - 010 UNDISTRIBUTED..................................................... -1,455,870 - Excessive standard price for fuel............................. [-1,455,870] - SUBTOTAL UNDISTRIBUTED........................................ -1,455,870 + TOTAL ENVIRONMENTAL 1,073,068 1,073,068 + RESTORATION.............. - TOTAL UNDISTRIBUTED.......................................... -1,455,870 + TOTAL OPERATION & 196,630,496 192,436,494 + MAINTENANCE.............. + UNDISTRIBUTED + 010 UNDISTRIBUTED................. -1,711,780 + Excessive standard price [-1,711,780] + for fuel.................. + SUBTOTAL UNDISTRIBUTED.... -1,711,780 - TOTAL OPERATION & MAINTENANCE................................ 196,630,496 193,853,071 ----------------------------------------------------------------------------------------------------------------- + TOTAL UNDISTRIBUTED...... -1,711,780 +------------------------------------------------------------------------ + SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY - OPERATIONS. +OPERATIONS. ------------------------------------------------------------------------ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2021 House + FY 2021 Conference Line Item Request Authorized ------------------------------------------------------------------------ OPERATION & MAINTENANCE, ARMY OPERATING FORCES - 010 MANEUVER UNITS................ 4,114,001 3,789,001 - Drawdown from Operation [-75,000] + 010 MANEUVER UNITS................ 4,114,001 3,862,628 + Drawdown from Operation [-89,500] Freedom's Sentinel........ - Unjustified funding for [-250,000] + Unjustified funding for [-161,873] Dynamic Force Employment.. 030 ECHELONS ABOVE BRIGADE........ 32,811 32,811 - 040 THEATER LEVEL ASSETS.......... 2,542,760 2,102,760 - Drawdown from Operation [-440,000] + 040 THEATER LEVEL ASSETS.......... 2,542,760 2,052,760 + Drawdown from Operation [-480,000] Freedom's Sentinel........ - 050 LAND FORCES OPERATIONS SUPPORT 162,557 122,557 - Drawdown from Operation [-40,000] + Unjustified growth........ [-10,000] + 050 LAND FORCES OPERATIONS SUPPORT 162,557 112,557 + Drawdown from Operation [-50,000] Freedom's Sentinel........ 060 AVIATION ASSETS............... 204,396 179,572 Drawdown from Operation [-24,824] Freedom's Sentinel........ - 070 FORCE READINESS OPERATIONS 5,716,734 4,716,734 + 070 FORCE READINESS OPERATIONS 5,716,734 4,136,734 SUPPORT...................... - Drawdown from Operation [-1,000,000] + Drawdown from Operation [-1,500,000] Freedom's Sentinel........ - 080 LAND FORCES SYSTEMS READINESS. 180,048 140,048 - Drawdown from Operation [-40,000] + Unjustified growth........ [-80,000] + 080 LAND FORCES SYSTEMS READINESS. 180,048 80,048 + Drawdown from Operation [-100,000] Freedom's Sentinel........ 090 LAND FORCES DEPOT MAINTENANCE. 81,125 81,125 - 100 BASE OPERATIONS SUPPORT....... 219,029 219,029 - 110 FACILITIES SUSTAINMENT, 301,017 301,017 + 100 BASE OPERATIONS SUPPORT....... 219,029 187,029 + Drawdown from Operation [-32,000] + Freedom's Sentinel........ + 110 FACILITIES SUSTAINMENT, 301,017 260,017 RESTORATION & MODERNIZATION.. + Drawdown from Operation [-41,000] + Freedom's Sentinel........ 130 ADDITIONAL ACTIVITIES......... 966,649 782,649 Drawdown from Operation [-184,000] Freedom's Sentinel........ - 140 COMMANDER'S EMERGENCY RESPONSE 2,500 2,500 + 140 COMMANDER'S EMERGENCY RESPONSE 2,500 2,000 PROGRAM...................... - 150 RESET......................... 403,796 803,796 - Retrograde from Operation [400,000] + Excess to need............ [-500] + 150 RESET......................... 403,796 1,003,796 + Retrograde from Operation [600,000] Freedom's Sentinel........ 160 US AFRICA COMMAND............. 100,422 100,422 170 US EUROPEAN COMMAND........... 120,043 120,043 @@ -59733,7 +63096,7 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS CYBERSPACE OPERATIONS........ 210 CYBERSPACE ACTIVITIES-- 21,256 21,256 CYBERSECURITY................ - SUBTOTAL OPERATING FORCES. 15,267,605 13,613,781 + SUBTOTAL OPERATING FORCES. 15,267,605 13,113,908 MOBILIZATION 230 ARMY PREPOSITIONED STOCKS..... 103,052 103,052 @@ -59746,8 +63109,8 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS RECRUITING................ ADMIN & SRVWIDE ACTIVITIES - 390 SERVICEWIDE TRANSPORTATION.... 521,090 821,090 - Retrograde from Operation [300,000] + 390 SERVICEWIDE TRANSPORTATION.... 521,090 921,090 + Retrograde from Operation [400,000] Freedom's Sentinel........ 400 CENTRAL SUPPLY ACTIVITIES..... 43,897 43,897 410 LOGISTIC SUPPORT ACTIVITIES... 68,423 68,423 @@ -59758,10 +63121,10 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 510 INTERNATIONAL MILITARY 50,000 50,000 HEADQUARTERS................. 565 CLASSIFIED PROGRAMS........... 895,964 895,964 - SUBTOTAL ADMIN & SRVWIDE 1,674,604 1,974,604 + SUBTOTAL ADMIN & SRVWIDE 1,674,604 2,074,604 ACTIVITIES................ - TOTAL OPERATION & 17,137,754 15,783,930 + TOTAL OPERATION & 17,137,754 15,384,057 MAINTENANCE, ARMY........ OPERATION & MAINTENANCE, ARMY @@ -59830,32 +63193,30 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS SUBTOTAL AFGHAN SPECIAL 1,342,449 1,342,449 SECURITY FORCES........... - 170 UNDISTRIBUTED................. -500,000 - Insufficient justification [-500,000] - SUBTOTAL UNDISTRIBUTED.... -500,000 - - TOTAL AFGHANISTAN 4,015,612 3,515,612 + TOTAL AFGHANISTAN 4,015,612 4,015,612 SECURITY FORCES FUND..... COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) - 010 IRAQ.......................... 645,000 500,000 - Program decrease.......... [-145,000] + 010 IRAQ.......................... 645,000 322,500 + Transfer for 10 USC 333 [-322,500] + Iraq security cooperation + activities................ 020 SYRIA......................... 200,000 200,000 - SUBTOTAL COUNTER ISIS 845,000 700,000 + SUBTOTAL COUNTER ISIS 845,000 522,500 TRAIN AND EQUIP FUND (CTEF).................... - TOTAL COUNTER ISIS TRAIN 845,000 700,000 + TOTAL COUNTER ISIS TRAIN 845,000 522,500 AND EQUIP FUND (CTEF).... OPERATION & MAINTENANCE, NAVY OPERATING FORCES - 010 MISSION AND OTHER FLIGHT 382,062 760,856 + 010 MISSION AND OTHER FLIGHT 382,062 682,062 OPERATIONS................... - Transfer from base........ [378,794] + Transfer from base........ [300,000] 030 AVIATION TECHNICAL DATA & 832 832 ENGINEERING SERVICES......... 040 AIR OPERATIONS AND SAFETY 17,840 17,840 @@ -59865,8 +63226,9 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 070 AIRCRAFT DEPOT OPERATIONS 5,854 5,854 SUPPORT...................... 080 AVIATION LOGISTICS............ 33,707 33,707 - 090 MISSION AND OTHER SHIP 5,817,696 5,817,696 + 090 MISSION AND OTHER SHIP 5,817,696 5,717,696 OPERATIONS................... + Insufficient justification [-100,000] 100 SHIP OPERATIONS SUPPORT & 20,741 20,741 TRAINING..................... 110 SHIP DEPOT MAINTENANCE........ 2,072,470 2,072,470 @@ -59876,7 +63238,8 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 150 WARFARE TACTICS............... 17,324 17,324 160 OPERATIONAL METEOROLOGY AND 22,581 22,581 OCEANOGRAPHY................. - 170 COMBAT SUPPORT FORCES......... 772,441 1,322,441 + 170 COMBAT SUPPORT FORCES......... 772,441 1,312,441 + Insufficient justification [-10,000] Transfer from base........ [550,000] 180 EQUIPMENT MAINTENANCE AND 5,788 5,788 DEPOT OPERATIONS SUPPORT..... @@ -59888,7 +63251,7 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 270 SUSTAINMENT, RESTORATION AND 70,041 70,041 MODERNIZATION................ 280 BASE OPERATING SUPPORT........ 218,792 218,792 - SUBTOTAL OPERATING FORCES. 10,521,682 11,450,476 + SUBTOTAL OPERATING FORCES. 10,521,682 11,261,682 MOBILIZATION 320 EXPEDITIONARY HEALTH SERVICES 22,589 22,589 @@ -59912,7 +63275,7 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS SUBTOTAL ADMIN & SRVWD 102,830 102,830 ACTIVITIES................ - TOTAL OPERATION & 10,700,305 11,629,099 + TOTAL OPERATION & 10,700,305 11,440,305 MAINTENANCE, NAVY........ OPERATION & MAINTENANCE, @@ -59979,11 +63342,14 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 070 CONTRACTOR LOGISTICS SUPPORT 7,187,100 7,187,100 AND SYSTEM SUPPORT........... 080 FLYING HOUR PROGRAM........... 2,031,548 2,031,548 - 090 BASE SUPPORT.................. 1,540,444 1,478,444 - Program decrease.......... [-62,000] + 090 BASE SUPPORT.................. 1,540,444 1,480,444 + Program decrease.......... [-60,000] 100 GLOBAL C3I AND EARLY WARNING.. 13,709 13,709 - 110 OTHER COMBAT OPS SPT PROGRAMS. 345,800 592,130 - Realignment from Base to [246,330] + 110 OTHER COMBAT OPS SPT PROGRAMS. 345,800 549,379 + Department requested [28,000] + transfer from SAG 44A..... + Insufficient justification [-20,000] + Realignment from Base to [195,579] OCO....................... 120 CYBERSPACE ACTIVITIES......... 17,936 17,936 130 TACTICAL INTEL AND OTHER 36,820 36,820 @@ -59993,15 +63359,17 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 160 US NORTHCOM/NORAD............. 725 725 170 US STRATCOM................... 856 856 180 US CYBERCOM................... 35,189 35,189 - 190 US CENTCOM.................... 126,934 126,934 - SUBTOTAL OPERATING FORCES. 16,160,805 16,407,135 + 190 US CENTCOM.................... 126,934 171,134 + Department requested [44,200] + transfer from line 42G.... + SUBTOTAL OPERATING FORCES. 16,160,805 16,410,584 MOBILIZATION - 240 AIRLIFT OPERATIONS............ 1,271,439 1,511,439 - Realignment from Base to [240,000] + 240 AIRLIFT OPERATIONS............ 1,271,439 1,471,439 + Realignment from Base to [200,000] OCO....................... 250 MOBILIZATION PREPAREDNESS..... 120,866 120,866 - SUBTOTAL MOBILIZATION..... 1,392,305 1,632,305 + SUBTOTAL MOBILIZATION..... 1,392,305 1,592,305 TRAINING AND RECRUITING 260 OFFICER ACQUISITION........... 200 200 @@ -60019,13 +63387,17 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 390 TECHNICAL SUPPORT ACTIVITIES.. 11,782 11,782 400 ADMINISTRATION................ 3,886 3,886 410 SERVICEWIDE COMMUNICATIONS.... 355 355 - 420 OTHER SERVICEWIDE ACTIVITIES.. 100,831 100,831 - 450 INTERNATIONAL SUPPORT......... 29,928 29,928 + 420 OTHER SERVICEWIDE ACTIVITIES.. 100,831 56,631 + Department requested [-44,200] + transfer to line 15F...... + 450 INTERNATIONAL SUPPORT......... 29,928 1,928 + Department requested [-28,000] + transfer to line 12C...... 455 CLASSIFIED PROGRAMS........... 34,502 34,502 - SUBTOTAL ADMIN & SRVWD 345,985 345,985 + SUBTOTAL ADMIN & SRVWD 345,985 273,785 ACTIVITIES................ - TOTAL OPERATION & 17,930,020 18,416,350 + TOTAL OPERATION & 17,930,020 18,307,599 MAINTENANCE, AIR FORCE... OPERATION & MAINTENANCE, SPACE @@ -60071,20 +63443,19 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS OPERATING FORCES 010 JOINT CHIEFS OF STAFF......... 3,799 3,799 020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634 - 040 SPECIAL OPERATIONS COMMAND 898,024 893,024 + 040 SPECIAL OPERATIONS COMMAND 898,024 898,024 COMBAT DEVELOPMENT ACTIVITIES - Maritime Support Vessel... [-5,000] - 060 SPECIAL OPERATIONS COMMAND 1,244,553 1,214,553 + 060 SPECIAL OPERATIONS COMMAND 1,244,553 1,243,618 INTELLIGENCE................. - Program decrease.......... [-30,000] + Program decrease.......... [-935] 070 SPECIAL OPERATIONS COMMAND 354,951 354,951 MAINTENANCE.................. 090 SPECIAL OPERATIONS COMMAND 104,535 104,535 OPERATIONAL SUPPORT.......... - 100 SPECIAL OPERATIONS COMMAND 757,744 732,744 + 100 SPECIAL OPERATIONS COMMAND 757,744 752,744 THEATER FORCES............... - Unjustified growth........ [-25,000] - SUBTOTAL OPERATING FORCES. 3,370,240 3,310,240 + Unjustified growth........ [-5,000] + SUBTOTAL OPERATING FORCES. 3,370,240 3,364,305 ADMIN & SRVWIDE ACTIVITIES 180 DEFENSE CONTRACT AUDIT AGENCY. 1,247 1,247 @@ -60097,10 +63468,11 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 330 DEFENSE LEGAL SERVICES AGENCY. 156,373 156,373 350 DEFENSE MEDIA ACTIVITY........ 3,555 9,555 Stars and Stripes......... [6,000] - 370 DEFENSE SECURITY COOPERATION 1,557,763 1,337,763 + 370 DEFENSE SECURITY COOPERATION 1,557,763 1,630,263 AGENCY....................... - Program increase--security [30,000] - cooperation............... + Transfer from CTEF for 10 [322,500] + USC 333 Iraq security + cooperation activities.... Transfer to Ukraine [-250,000] Security Assistance....... 410 DEFENSE THREAT REDUCTION 297,486 297,486 @@ -60110,10 +63482,10 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 530 WASHINGTON HEADQUARTERS 1,997 1,997 SERVICES..................... 535 CLASSIFIED PROGRAMS........... 535,106 535,106 - SUBTOTAL ADMIN & SRVWIDE 2,652,014 2,438,014 + SUBTOTAL ADMIN & SRVWIDE 2,652,014 2,730,514 ACTIVITIES................ - TOTAL OPERATION AND 6,022,254 5,748,254 + TOTAL OPERATION AND 6,022,254 6,094,819 MAINTENANCE, DEFENSE-WIDE UKRAINE SECURITY ASSISTANCE @@ -60129,1322 +63501,1420 @@ SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS TOTAL UKRAINE SECURITY 250,000 ASSISTANCE............... - TOTAL OPERATION & 58,179,782 57,972,082 + TOTAL OPERATION & 58,179,782 57,943,729 MAINTENANCE.............. ------------------------------------------------------------------------ + TITLE XLIV--MILITARY PERSONNEL +Sec. 4401. Military personnel. +Sec. 4402. Military personnel for overseas contingency operations. SEC. 4401. MILITARY PERSONNEL. ------------------------------------------------------------------------ SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2021 House + FY 2021 Conference Item Request Authorized ------------------------------------------------------------------------ -Military Personnel Appropriations..... 150,524,104 149,384,304 -Historical unobligated balances....... -924,000 -Foreign Currency adjustments.......... -169,800 -Standardization of payment of 50,000 - hazardous duty incentive pay......... -Program decrease--Marine Corps........ -96,000 +Military Personnel Appropriations..... 150,524,104 149,185,852 +Historical unobligated balances....... -1,168,452 +Foreign currency adjustments.......... -169,800 Medicare-Eligible Retiree Health Fund 8,372,741 8,372,741 Contributions........................ ------------------------------------------------------------------------ + SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS. ------------------------------------------------------------------------ SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2021 House - Item Request Authorized + FY 2021 Conference + Item Request Authorized ------------------------------------------------------------------------ -Military Personnel Appropriations....... 4,602,593 4,602,593 +Military Personnel Appropriations..... 4,602,593 4,602,593 ------------------------------------------------------------------------ + TITLE XLV--OTHER AUTHORIZATIONS +Sec. 4501. Other authorizations. +Sec. 4502. Other authorizations for overseas contingency operations. SEC. 4501. OTHER AUTHORIZATIONS. ------------------------------------------------------------------------ SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2021 House - Item Request Authorized + FY 2021 Conference + Program Title Request Authorized ------------------------------------------------------------------------ WORKING CAPITAL FUND, ARMY -ARMY ARSENALS INITIATIVE................ 32,551 32,551 -ARMY SUPPLY MANAGEMENT.................. 24,166 24,166 - TOTAL WORKING CAPITAL FUND, ARMY..... 56,717 56,717 +ARMY ARSENALS INITIATIVE.............. 32,551 32,551 +ARMY SUPPLY MANAGEMENT................ 24,166 24,166 + TOTAL WORKING CAPITAL FUND, ARMY... 56,717 56,717 WORKING CAPITAL FUND, AIR FORCE WORKING CAPITAL FUND -WORKING CAPITAL FUND.................... 95,712 95,712 - TOTAL WORKING CAPITAL FUND, AIR FORCE 95,712 95,712 +WORKING CAPITAL FUND.................. 95,712 95,712 + TOTAL WORKING CAPITAL FUND, AIR 95,712 95,712 + FORCE.............................. WORKING CAPITAL FUND, DEFENSE-WIDE WORKING CAPITAL FUND SUPPORT -WORKING CAPITAL FUND SUPPORT............ 49,821 49,821 - TOTAL WORKING CAPITAL FUND, DEFENSE- 49,821 49,821 - WIDE................................. +WORKING CAPITAL FUND SUPPORT.......... 49,821 49,821 + TOTAL WORKING CAPITAL FUND, DEFENSE- 49,821 49,821 + WIDE............................... WORKING CAPITAL FUND, DECA -WORKING CAPITAL FUND SUPPORT............ 1,146,660 1,146,660 - TOTAL WORKING CAPITAL FUND, DECA..... 1,146,660 1,146,660 +WORKING CAPITAL FUND SUPPORT.......... 1,146,660 1,146,660 + TOTAL WORKING CAPITAL FUND, DECA... 1,146,660 1,146,660 NATIONAL DEFENSE SEALIFT FUND -SEALIFT RECAPITALIZATION................ 170,000 - Accelerate design of a commercial- [50,000] - based sealift ship................. +SEALIFT RECAPITALIZATION.............. 120,000 Transfer from OMN-300 for [120,000] acquisition of four used sealift - vessels............................ -SHIP PREPOSITIONING AND SURGE........... 314,193 - Transfer from OMN-290.............. [314,193] -EXPEDITIONARY HEALTH SERVICES........... 57,212 - Transfer from OMN-320.............. [57,212] - TOTAL NATIONAL DEFENSE SEALIFT FUND.. 541,405 + vessels.......................... +SHIP PREPOSITIONING AND SURGE......... 314,193 + Transfer from OMN-290............ [314,193] + TOTAL NATIONAL DEFENSE SEALIFT FUND 434,193 CHEM AGENTS & MUNITIONS DESTRUCTION -CHEM DEMILITARIZATION--O&M.............. 106,691 101,691 - Program decrease................... [-5,000] -CHEM DEMILITARIZATION--RDT&E............ 782,193 774,193 - Program decrease................... [-8,000] -CHEM DEMILITARIZATION--PROC............. 616 616 - TOTAL CHEM AGENTS & MUNITIONS 889,500 876,500 - DESTRUCTION.......................... +CHEM DEMILITARIZATION--O&M............ 106,691 106,691 +CHEM DEMILITARIZATION--RDT&E.......... 782,193 782,193 +CHEM DEMILITARIZATION--PROC........... 616 616 + TOTAL CHEM AGENTS & MUNITIONS 889,500 889,500 + DESTRUCTION........................ -DRUG INTERDICTION & CTR-DRUG ACTIVITIES, - DEF -COUNTER-NARCOTICS SUPPORT............... 546,203 546,203 -DRUG DEMAND REDUCTION PROGRAM........... 123,704 123,704 -NATIONAL GUARD COUNTER-DRUG PROGRAM..... 94,211 94,211 -NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,511 5,511 - TOTAL DRUG INTERDICTION & CTR-DRUG 769,629 769,629 - ACTIVITIES, DEF...................... +DRUG INTERDICTION & CTR-DRUG + ACTIVITIES, DEF +COUNTER-NARCOTICS SUPPORT............. 546,203 562,003 + PDI: Joint Interagency Task [13,000] + Force--West Project 3309......... + PDI: Joint Interagency Task [2,800] + Force--West Project 9202......... +DRUG DEMAND REDUCTION PROGRAM......... 123,704 123,704 +NATIONAL GUARD COUNTER-DRUG PROGRAM... 94,211 94,211 +NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,511 5,511 + TOTAL DRUG INTERDICTION & CTR-DRUG 769,629 785,429 + ACTIVITIES, DEF.................... OFFICE OF THE INSPECTOR GENERAL -OFFICE OF THE INSPECTOR GENERAL......... 368,279 384,536 - Additional oversight of coronavirus [16,257] - relief............................. +OFFICE OF THE INSPECTOR GENERAL....... 368,279 368,279 OFFICE OF THE INSPECTOR GENERAL--CYBER -OFFICE OF THE INSPECTOR GENERAL--CYBER.. 1,204 1,204 -OFFICE OF THE INSPECTOR GENERAL--RDTE... 1,098 1,098 -OFFICE OF THE INSPECTOR GENERAL-- 858 858 - PROCUREMENT............................ - TOTAL OFFICE OF THE INSPECTOR GENERAL 371,439 387,696 +OFFICE OF THE INSPECTOR GENERAL--CYBER 1,204 1,204 +OFFICE OF THE INSPECTOR GENERAL--RDTE. 1,098 1,098 +OFFICE OF THE INSPECTOR GENERAL-- 858 858 + PROCUREMENT.......................... + TOTAL OFFICE OF THE INSPECTOR 371,439 371,439 + GENERAL............................ DEFENSE HEALTH PROGRAM -IN-HOUSE CARE........................... 9,560,564 9,565,564 - Program decrease................... [-31,000] - Reverse DWR savings from downsizing [36,000] - MTFs............................... -PRIVATE SECTOR CARE..................... 15,841,887 15,841,887 -CONSOLIDATED HEALTH SUPPORT............. 1,338,269 1,348,269 - Global Emerging Infectious [10,000] - Surveillance Program............... -INFORMATION MANAGEMENT.................. 2,039,910 2,039,910 -MANAGEMENT ACTIVITIES................... 330,627 330,627 -EDUCATION AND TRAINING.................. 315,691 341,691 - Health Professions Scholarship [10,000] - Program............................ - Restoring funding for Tri-Service [6,000] - Nursing Research Program within - USUHS.............................. - Reverse DWR cuts to USUHS.......... [10,000] -BASE OPERATIONS/COMMUNICATIONS.......... 1,922,605 1,927,605 - Medical Surge Partnership Pilot.... [5,000] -R&D RESEARCH............................ 8,913 8,913 -R&D EXPLORATRY DEVELOPMENT.............. 73,984 73,984 -R&D ADVANCED DEVELOPMENT................ 225,602 225,602 -R&D DEMONSTRATION/VALIDATION............ 132,331 132,331 -R&D ENGINEERING DEVELOPMENT............. 55,748 70,748 - Freeze-dried platelets............. [15,000] -R&D MANAGEMENT AND SUPPORT.............. 48,672 48,672 -R&D CAPABILITIES ENHANCEMENT............ 17,215 17,215 -PROC INITIAL OUTFITTING................. 22,932 22,932 -PROC REPLACEMENT & MODERNIZATION........ 215,618 215,618 -PROC MILITARY HEALTH SYSTEM--DESKTOP TO 70,872 70,872 - DATACENTER............................. -PROC DOD HEALTHCARE MANAGEMENT SYSTEM 308,504 308,504 - MODERNIZATION.......................... -SOFTWARE & DIGITAL TECHNOLOGY PILOT 160,428 160,428 - PROGRAMS............................... -UNDISTRIBUTED........................... -9,800 - Foreign Currency adjustments....... [-9,800] - TOTAL DEFENSE HEALTH PROGRAM......... 32,690,372 32,741,572 +IN-HOUSE CARE......................... 9,560,564 9,271,064 + Equipment purchases excess growth [-29,500] + Medical reform implementation-- [-296,000] + excess funding to replace + military medical end strength.... + Reverse DWR savings from [36,000] + downsizing MTFs.................. +PRIVATE SECTOR CARE................... 15,841,887 15,826,887 + Program decrease................. [-15,000] +CONSOLIDATED HEALTH SUPPORT........... 1,338,269 1,314,169 + Historical underexecution........ [-24,100] +INFORMATION MANAGEMENT................ 2,039,910 2,039,910 +MANAGEMENT ACTIVITIES................. 330,627 330,627 +EDUCATION AND TRAINING................ 315,691 331,691 + Health Professions Scholarship [6,000] + Program.......................... + Reverse DWR cuts to USUHS........ [10,000] +BASE OPERATIONS/COMMUNICATIONS........ 1,922,605 1,922,605 +R&D RESEARCH.......................... 8,913 13,913 + Pancreatic cancer research....... [5,000] +R&D EXPLORATRY DEVELOPMENT............ 73,984 73,984 +R&D ADVANCED DEVELOPMENT.............. 225,602 225,602 +R&D DEMONSTRATION/VALIDATION.......... 132,331 132,331 +R&D ENGINEERING DEVELOPMENT........... 55,748 55,748 +R&D MANAGEMENT AND SUPPORT............ 48,672 48,672 +R&D CAPABILITIES ENHANCEMENT.......... 17,215 17,215 +PROC INITIAL OUTFITTING............... 22,932 22,932 +PROC REPLACEMENT & MODERNIZATION...... 215,618 215,618 +PROC MILITARY HEALTH SYSTEM--DESKTOP 70,872 70,872 + TO DATACENTER........................ +PROC DOD HEALTHCARE MANAGEMENT SYSTEM 308,504 245,854 + MODERNIZATION........................ + Excess to need................... [-62,650] +SOFTWARE & DIGITAL TECHNOLOGY PILOT 160,428 160,428 + PROGRAMS............................. +UNDISTRIBUTED......................... 200 + Foreign Currency adjustments..... [-9,800] + Triple negative breast cancer.... [10,000] + TOTAL DEFENSE HEALTH PROGRAM....... 32,690,372 32,320,322 - TOTAL OTHER AUTHORIZATIONS........... 36,069,850 36,665,712 + TOTAL OTHER AUTHORIZATIONS......... 36,069,850 36,149,793 ------------------------------------------------------------------------ + SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS. ------------------------------------------------------------------------ SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2021 House - Item Request Authorized + FY 2021 Conference + Program Title Request Authorized ------------------------------------------------------------------------ WORKING CAPITAL FUND, ARMY ARMY ARSENALS INITIATIVE -ARMY SUPPLY MANAGEMENT...................... 20,090 20,090 - TOTAL WORKING CAPITAL FUND, ARMY......... 20,090 20,090 +ARMY SUPPLY MANAGEMENT................ 20,090 20,090 + TOTAL WORKING CAPITAL FUND, ARMY... 20,090 20,090 OFFICE OF THE INSPECTOR GENERAL -OFFICE OF THE INSPECTOR GENERAL............. 24,069 24,069 - TOTAL OFFICE OF THE INSPECTOR GENERAL.... 24,069 24,069 +OFFICE OF THE INSPECTOR GENERAL....... 24,069 24,069 + TOTAL OFFICE OF THE INSPECTOR 24,069 24,069 + GENERAL............................ DEFENSE HEALTH PROGRAM -IN-HOUSE CARE............................... 65,072 65,072 -PRIVATE SECTOR CARE......................... 296,828 296,828 -CONSOLIDATED HEALTH SUPPORT................. 3,198 3,198 - TOTAL DEFENSE HEALTH PROGRAM............. 365,098 365,098 +IN-HOUSE CARE......................... 65,072 65,072 +PRIVATE SECTOR CARE................... 296,828 296,828 +CONSOLIDATED HEALTH SUPPORT........... 3,198 3,198 + TOTAL DEFENSE HEALTH PROGRAM....... 365,098 365,098 - TOTAL OTHER AUTHORIZATIONS............... 409,257 409,257 + TOTAL OTHER AUTHORIZATIONS......... 409,257 409,257 ------------------------------------------------------------------------ + TITLE XLVI--MILITARY CONSTRUCTION +Sec. 4601. Military construction. +Sec. 4602. Military construction for overseas contingency operations. SEC. 4601. MILITARY CONSTRUCTION. ---------------------------------------------------------------------------------------------------------------- SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) ----------------------------------------------------------------------------------------------------------------- - State/Country and FY 2021 House - Account Installation Project Title Request Agreement + State/Country and FY 2021 Conference + Account Installation Project Title Request Authorized ---------------------------------------------------------------------------------------------------------------- - Alaska -Army Fort Wainwright Child Development Center.. 0 32,500 -Army Fort Wainwright Unaccompanied Enlisted 0 59,000 - Personnel Housing. - Arizona -Army Yuma Proving Ground Ready Building............ 14,000 14,000 - Colorado -Army Fort Carson, Colorado Physical Fitness Facility. 28,000 28,000 - Georgia -Army Fort Gillem Forensic Laboratory....... 71,000 71,000 -Army Fort Gordon Adv Individual Training 80,000 80,000 - Barracks Cplx, Ph3. - Hawaii -Army Fort Shafter Child Development Center-- 0 26,000 - School Age. -Army Schofield Barracks Child Development Center.. 0 39,000 -Army Wheeler Army Air Field Aircraft Maintenance 89,000 89,000 - Hangar. - Louisiana -Army Fort Polk, Louisiana Information Systems 25,000 25,000 - Facility. - Oklahoma -Army McAlester AAP Ammunition Demolition Shop 35,000 35,000 - Pennsylvania -Army Carlisle Barracks General Instruction 38,000 0 - Building, Incr2. - South Carolina -Army Fort Jackson Trainee Barracks Complex 0 7,000 - 3, Ph2. - Virginia -Army Humphreys Engineer Training Support Facility. 51,000 51,000 - Center - Worldwide Unspecified -Army Unspecified Worldwide Host Nation Support....... 39,000 39,000 - Locations -Army Unspecified Worldwide Planning and Design....... 129,436 69,436 - Locations -Army Unspecified Worldwide Unspecified Minor 50,900 50,900 - Locations Construction. - ........................ - Military Construction, Army Total 650,336 715,836 - ...................... - Arizona -Navy Yuma Bachelor Enlisted Quarters 0 59,600 - Replacement. - Bahrain Island -Navy SW Asia Ship to Shore Utility 68,340 68,340 - Services. - California -Navy Camp Pendleton, 1st MARDIV Operations 68,530 68,530 - California Complex. -Navy Camp Pendleton, I MEF Consolidated 37,000 37,000 - California Information Center (Inc). -Navy Lemoore F-35C Hangar 6 Phase 2 128,070 98,070 - (Mod 3/4). -Navy Lemoore F-35C Simulator Facility & 59,150 59,150 - Electrical Upgrade. -Navy San Diego Pier 6 Replacement........ 128,500 98,500 -Navy Twentynine Palms, Wastewater Treatment Plant 76,500 76,500 - California - Greece -Navy Souda Bay Communication Center...... 50,180 50,180 - Guam -Navy Andersen AFB Ordnance Operations Admin. 21,280 21,280 -Navy Joint Region Marianas Bachelor Enlisted Quarters 80,000 0 - H (Inc). -Navy Joint Region Marianas Base Warehouse............ 55,410 55,410 -Navy Joint Region Marianas Central Fuel Station...... 35,950 35,950 -Navy Joint Region Marianas Central Issue Facility.... 45,290 45,290 -Navy Joint Region Marianas Combined EOD Facility..... 37,600 37,600 -Navy Joint Region Marianas DAR Bridge Improvements... 40,180 40,180 -Navy Joint Region Marianas DAR Road Strengthening.... 70,760 70,760 -Navy Joint Region Marianas Distribution Warehouse.... 77,930 77,930 -Navy Joint Region Marianas Individual Combat Skills 17,430 17,430 - Training. -Navy Joint Region Marianas Joint Communication 166,000 22,000 - Upgrade. - Hawaii -Navy Joint Base Pearl Waterfront Improve, 48,990 48,990 - Harbor-Hickam Wharves S1,S11-13,S20-21. -Navy Joint Base Pearl Waterfront Improvements 65,910 65,910 - Harbor-Hickam Wharves S8-S10. - Japan -Navy Yokosuka Pier 5 (Berths 2 and 3) 74,692 0 - (Inc). - Maine -Navy Kittery Multi-Mission Drydock #1 160,000 160,000 - Exten., Ph 1 (Inc). - Nevada -Navy Fallon Range Training Complex, 29,040 29,040 - Phase 1. - North Carolina -Navy Camp Lejeune, North II MEF Operations Center 20,000 20,000 - Carolina Replacement (Inc). - Spain -Navy Rota MH-60r Squadron Support 60,110 60,110 - Facilities. - Virginia -Navy Norfolk E-2D Training Facility.... 30,400 30,400 -Navy Norfolk MH60 & CMV-22B Corrosion 17,671 17,671 - Control & Paint Fac. - Worldwide Unspecified -Navy Unspecified Worldwide Planning & Design......... 165,710 160,710 - Locations -Navy Unspecified Worldwide Planning & Design--Indo- 0 5,000 - Locations Pacific Command Posture - Initiatives. -Navy Unspecified Worldwide Unspecified Minor 38,983 38,983 - Locations Construction. - ........................ - Military Construction, Navy Total 1,975,606 1,676,514 - ...................... - California -AF Edwards AFB Flight Test Engineering 0 40,000 - Laboratory Complex. - Colorado -AF Schriever AFB Consolidated Space 88,000 88,000 - Operations Facility, Inc - 2. - Florida -AF Eglin Advanced Munitions 0 35,000 - Technology Complex. - Guam -AF Joint Region Marianas Stand Off Weapons Complex, 56,000 56,000 - MSA 2. - Illinois -AF Scott Add/Alter Consolidated 0 3,000 - Communications Facility. - Mariana Islands -AF Tinian Airfield Development Phase 20,000 0 - 1, Inc 2. -AF Tinian Fuel Tanks With Pipeline & 7,000 0 - Hydrant Sys, Inc 2. -AF Tinian Parking Apron, Inc 2...... 15,000 0 - Maryland -AF Joint Base Andrews Consolidated 0 13,000 - Communications Center. - Montana -AF Malmstrom AFB Weapons Storage & 25,000 0 - Maintenance Facility, Inc - 2. - New Jersey -AF Joint Base McGuire-Dix- Munitions Storage Area.... 22,000 22,000 - Lakehurst - Qatar -AF Al Udeid, Qatar Cargo Marshalling Yard.... 26,000 26,000 - Texas -AF Joint Base San Antonio BMT Recruit Dormitory 8, 36,000 36,000 - Inc 2. -AF Joint Base San Antonio T-X ADAL Ground Based Trng 19,500 19,500 - Sys Sim. - Utah -AF Hill AFB GBSD Mission Integration 68,000 68,000 - Facility, Inc 2. - Virginia -AF Joint Base Langley- Access Control Point Main 19,500 19,500 - Eustis Gate With Land Acq. - Worldwide Unspecified -AF Unspecified Worldwide Planning & Design......... 296,532 149,649 - Locations -AF Unspecified Worldwide Planning & Design--Indo- 0 5,000 - Locations Pacific Command Posture - Initiatives. -AF Unspecified Worldwide Unspecified Minor 68,600 68,600 - Locations Construction. - Wyoming -AF FE Warren Weapons Storage Facility.. 0 12,000 - ........................ - Military Construction, Air Force Total 767,132 661,249 - ...................... - Alabama -Def-Wide Anniston Army Depot Demilitarization Facility. 18,000 18,000 -Def-Wide Fort Rucker Construct 10mw Generation 0 24,000 - & Microgrid. - Alaska -Def-Wide Fort Greely Communications Center..... 48,000 48,000 - Arizona -Def-Wide Fort Huachuca Laboratory Building....... 33,728 33,728 -Def-Wide Yuma SOF Hangar................ 49,500 49,500 - Arkansas -Def-Wide Fort Smith ANG PV Arrays and Battery 0 2,600 - Storage. - California -Def-Wide Beale AFB Bulk Fuel Tank............ 22,800 22,800 -Def-Wide Marine Corps Air Install 10 Mw Battery 11,646 11,646 - Combat Center / Energy Storage for - Twenty Nine Palms Various Buildings. -Def-Wide Military Ocean Military Oceal Terminal 29,000 29,000 - Terminal Concord Microgrid. -Def-Wide NAWS China Lake Solar Energy Storage 0 8,950 - System. -Def-Wide NSA Monterey Cogeneration Plant at B236 10,540 10,540 - Colorado -Def-Wide Fort Carson, Colorado SOF Tactical Equipment 15,600 15,600 - Maintenance Facility. - Conus Unspecified -Def-Wide Conus Unspecified Training Target Structure. 14,400 14,400 - District of Columbia -Def-Wide Joint Base Anacostia Industrial Controls System 0 8,749 - Bolling Modernization. -Def-Wide Joint Base Anacostia Industrial Controls System 10,343 10,343 - Bolling Modernization. -Def-Wide Joint Base Anacostia PV Carports............... 0 25,221 - Bolling - Florida -Def-Wide Hurlburt Field SOF Combat Aircraft 38,310 38,310 - Parking Apron-North. -Def-Wide Hurlburt Field SOF Special Tactics Ops 44,810 44,810 - Facility (23 STS). - Georgia -Def-Wide Fort Benning Construct 4.8mw Generation 0 17,000 - & Microgrid. - Germany -Def-Wide Rhine Ordnance Medical Center Replacement 200,000 200,000 - Barracks Inc 9. - Italy -Def-Wide NSA Naples Smart Grid--NSA Naples.... 3,490 3,490 - Japan -Def-Wide Def Fuel Support Point Fuel Wharf................ 49,500 49,500 - Tsurumi -Def-Wide Yokosuka Kinnick High School Inc... 30,000 0 - Kentucky -Def-Wide Fort Knox Van Voorhis Elementary 69,310 69,310 - School. - Maryland -Def-Wide Bethesda Naval MEDCEN Addition/Alteration 180,000 100,000 - Hospital Incr 4. -Def-Wide Fort Meade NSAW Recapitalize Building 250,000 250,000 - #3 Inc. -Def-Wide NSA Bethesda Nsab-16 Replace Chillers 3 0 13,840 - Through 9. -Def-Wide NSA South Potomac CBIRF/IHEODTD/Housing 18,460 18,460 - Potable Water. - Missouri -Def-Wide Fort Leonard Wood Hospital Replacement Inc 3 40,000 40,000 -Def-Wide St Louis Next NGA West (N2W) 119,000 119,000 - Complex Phase 2 Inc. -Def-Wide Whiteman AFB Install 10 Mw Combined 17,310 17,310 - Heat and Power Plant. - Nevada -Def-Wide Creech AFB Central Standby Generators 32,000 32,000 - New Mexico -Def-Wide Kirtland AFB Administrative Building... 46,600 46,600 - North Carolina -Def-Wide Fort Bragg SOF Group Headquarters.... 53,100 53,100 -Def-Wide Fort Bragg SOF Military Working Dog 17,700 17,700 - Facility. -Def-Wide Fort Bragg SOF Operations Facility... 43,000 43,000 -Def-Wide Fort Bragg SOTF Chilled Water Upgrade 0 6,100 - Ohio -Def-Wide Wright-Patterson AFB Construct Intelligence 0 35,000 - Facility Central Utility - Plant. -Def-Wide Wright-Patterson AFB Hydrant Fuel System....... 23,500 23,500 - Tennessee -Def-Wide Memphis ANG PV Arrays and Battery 0 4,780 - Storage. - Texas -Def-Wide Fort Hood, Texas Fuel Facilities........... 32,700 32,700 - Virginia -Def-Wide Joint Expeditionary SOF Dcs Operations Fac. 54,500 54,500 - Base Little Creek-- and Command Center. - Story -Def-Wide Joint Expeditionary SOF NSWG-2 Nswtg Css 58,000 58,000 - Base Little Creek-- Facilities. - Story -Def-Wide Nmc Portsmouth / Retrofit Air Handling 611 611 - Portsmouth Units From Constant - Volume Reheat to Variable - Air Volume. -Def-Wide Wallops Island Wallops Generation and 9,100 9,100 - Distribution Resiliency - Improvements. - Washington -Def-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900 - McChord Main). -Def-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900 - McChord North). -Def-Wide Manchester Bulk Fuel Storage Tanks 82,000 82,000 - Phase 1. - Worldwide Unspecified -Def-Wide Unspecified Worldwide ERCIP Design.............. 14,250 24,250 - Locations -Def-Wide Unspecified Worldwide Exercise Related Minor 5,840 5,840 - Locations Construction. -Def-Wide Unspecified Worldwide Planning and Design....... 48,696 48,696 - Locations -Def-Wide Unspecified Worldwide Unspecified Minor 53,620 53,620 - Locations Construction. -Def-Wide Various Worldwide Planning and Design....... 97,030 97,030 - Locations -Def-Wide Various Worldwide Unspecified Minor 9,726 9,726 - Locations Construction. - ........................ - Military Construction, Defense-Wide Total 2,027,520 2,073,760 - ...................... - Worldwide Unspecified -NATO NATO Security NATO Security Investment 173,030 173,030 - Investment Program Program. - ........................ - NATO Security Investment Program Total 173,030 173,030 - ...................... - Arizona -Army NG Tucson National Guard Readiness 18,100 18,100 - Center. - Colorado -Army NG Peterson AFB National Guard Readiness 15,000 15,000 - Center. - Indiana -Army NG Shelbyville National Guard/Reserve 12,000 12,000 - Center Building Add/Al. - Kentucky -Army NG Frankfort National Guard/Reserve 15,000 15,000 - Center Building. - Mississippi -Army NG Brandon National Guard Vehicle 10,400 10,400 - Maintenance Shop. - Nebraska -Army NG North Platte National Guard Vehicle 9,300 9,300 - Maintenance Shop. - New Jersey -Army NG Joint Base McGuire-Dix- National Guard Readiness 15,000 15,000 - Lakehurst Center. - Ohio -Army NG Columbus National Guard Readiness 15,000 15,000 - Center. - Oregon -Army NG Hermiston Enlisted Barracks, 9,300 25,035 - Transient Training. - Puerto Rico -Army NG Fort Allen National Guard Readiness 37,000 37,000 - Center. - South Carolina -Army NG Joint Base Charleston National Guard Readiness 15,000 15,000 - Center. - Tennessee -Army NG Mcminnville National Guard Readiness 11,200 11,200 - Center. - Texas -Army NG Fort Worth Aircraft Maintenance 6,000 6,000 - Hangar Addition/Alt. -Army NG Fort Worth National Guard Vehicle 7,800 7,800 - Maintenance Shop. - Utah -Army NG Nephi National Guard Readiness 12,000 12,000 - Center. - Virgin Islands -Army NG St. Croix Army Aviation Support 28,000 28,000 - Facility (Aasf). -Army NG St. Croix CST Ready Building........ 11,400 11,400 - Wisconsin -Army NG Appleton National Guard Readiness 11,600 11,600 - Center Add/Alt. - Worldwide Unspecified -Army NG Unspecified Worldwide Planning and Design....... 29,593 29,593 - Locations -Army NG Unspecified Worldwide Unspecified Minor 32,744 32,744 - Locations Construction. - ........................ - Military Construction, Army National Guard Total 321,437 337,172 - ...................... - Florida -Army Res Gainesville ECS TEMF/Warehouse........ 36,000 36,000 - Massachusetts -Army Res Devens Reserve Forces Automated Multipurpose 8,700 8,700 - Training Area Machine Gun Range. - North Carolina -Army Res Asheville Army Reserve Center/Land.. 24,000 24,000 - Wisconsin -Army Res Fort McCoy Scout Reconnaissance Range 14,600 14,600 -Army Res Fort McCoy Transient Trainee Barracks 0 2,500 - Worldwide Unspecified -Army Res Unspecified Worldwide Planning and Design....... 1,218 1,218 - Locations -Army Res Unspecified Worldwide Unspecified Minor 3,819 3,819 - Locations Construction. - ........................ - Military Construction, Army Reserve Total 88,337 90,837 - ...................... - Maryland -N/MC Res Reisterstown Reserve Training Center, 39,500 39,500 - Camp Fretterd, MD. - Utah -N/MC Res Hill AFB Naval Operational Support 25,010 25,010 - Center. - Worldwide Unspecified -N/MC Res Unspecified Worldwide MCNR Minor Construction... 3,000 3,000 - Locations -N/MC Res Unspecified Worldwide MCNR Planning & Design.... 3,485 3,485 - Locations - ........................ - Military Construction, Naval Reserve Total 70,995 70,995 - ...................... - Alabama -Air NG Montgomery Regional F-35 Simulator Facility... 11,600 11,600 - Airport (ANG) Base - Guam -Air NG Joint Region Marianas Space Control Facility #5. 20,000 20,000 - Maryland -Air NG Joint Base Andrews F-16 Mission Training 9,400 9,400 - Center. - Texas -Air NG Joint Base San Antonio F-16 Mission Training 10,800 10,800 - Center. - Worldwide Unspecified -Air NG Unspecified Worldwide Unspecified Minor 9,000 9,000 - Locations Construction. -Air NG Various Worldwide Planning and Design....... 3,414 3,414 - Locations - ........................ - Military Construction, Air National Guard Total 64,214 64,214 - ...................... - Texas -AF Res Fort Worth F-35A Simulator Facility.. 14,200 14,200 - Worldwide Unspecified -AF Res Unspecified Worldwide Planning & Design......... 3,270 3,270 - Locations -AF Res Unspecified Worldwide Unspecified Minor 5,647 5,647 - Locations Construction. - ........................ - Military Construction, Air Force Reserve Total 23,117 23,117 - ...................... - Italy -FH Con Army Vicenza Family Housing New 84,100 84,100 - Construction. - Kwajalein -FH Con Army Kwajalein Atoll Family Housing Replacement 32,000 32,000 - Construction. - Worldwide Unspecified -FH Con Army Unspecified Worldwide Family Housing P & D...... 3,300 3,300 - Locations - ........................ - Family Housing Construction, Army Total 119,400 119,400 - ...................... - Worldwide Unspecified -FH Ops Army Unspecified Worldwide Furnishings............... 18,004 18,004 - Locations -FH Ops Army Unspecified Worldwide Housing Privitization 37,948 62,948 - Locations Support. -FH Ops Army Unspecified Worldwide Leasing................... 123,841 123,841 - Locations -FH Ops Army Unspecified Worldwide Maintenance............... 97,789 97,789 - Locations -FH Ops Army Unspecified Worldwide Management................ 39,716 39,716 - Locations -FH Ops Army Unspecified Worldwide Miscellaneous............. 526 526 - Locations -FH Ops Army Unspecified Worldwide Services.................. 8,135 8,135 - Locations -FH Ops Army Unspecified Worldwide Utilities................. 41,183 41,183 - Locations - ........................ - Family Housing Operation And Maintenance, Army Total 367,142 392,142 - ...................... - Worldwide Unspecified -FH Con Navy Unspecified Worldwide Construction Improvements. 37,043 37,043 - Locations -FH Con Navy Unspecified Worldwide Planning & Design......... 3,128 3,128 - Locations -FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning 2,726 2,726 - Locations and Design. - ........................ - Family Housing Construction, Navy And Marine Corps Total 42,897 42,897 - ...................... - Worldwide Unspecified -FH Ops Navy Unspecified Worldwide Furnishings............... 17,977 17,977 - Locations -FH Ops Navy Unspecified Worldwide Housing Privatization 53,700 78,700 - Locations Support. -FH Ops Navy Unspecified Worldwide Leasing................... 62,658 62,658 - Locations -FH Ops Navy Unspecified Worldwide Maintenance............... 85,630 110,630 - Locations -FH Ops Navy Unspecified Worldwide Management................ 51,006 51,006 - Locations -FH Ops Navy Unspecified Worldwide Miscellaneous............. 350 350 - Locations -FH Ops Navy Unspecified Worldwide Services.................. 16,743 16,743 - Locations -FH Ops Navy Unspecified Worldwide Utilities................. 58,429 58,429 - Locations - ........................ - Family Housing Operation And Maintenance, Navy And Marine Corps Total 346,493 396,493 - ...................... - Worldwide Unspecified -FH Con AF Unspecified Worldwide Construction Improvements. 94,245 94,245 - Locations -FH Con AF Unspecified Worldwide Planning & Design......... 2,969 2,969 - Locations - ........................ - Family Housing Construction, Air Force Total 97,214 97,214 - ...................... - Worldwide Unspecified -FH Ops AF Unspecified Worldwide Furnishings............... 25,805 25,805 - Locations -FH Ops AF Unspecified Worldwide Housing Privatization..... 23,175 23,175 - Locations -FH Ops AF Unspecified Worldwide Leasing................... 9,318 9,318 - Locations -FH Ops AF Unspecified Worldwide Maintenance............... 140,666 165,666 - Locations -FH Ops AF Unspecified Worldwide Management................ 64,732 99,732 - Locations -FH Ops AF Unspecified Worldwide Miscellaneous............. 2,184 2,184 - Locations -FH Ops AF Unspecified Worldwide Services.................. 7,968 7,968 - Locations -FH Ops AF Unspecified Worldwide Utilities................. 43,173 43,173 - Locations - ........................ - Family Housing Operation And Maintenance, Air Force Total 317,021 377,021 - ...................... - Worldwide Unspecified -FH Ops DW Unspecified Worldwide Furnishings............... 727 727 - Locations -FH Ops DW Unspecified Worldwide Leasing................... 49,856 49,856 - Locations -FH Ops DW Unspecified Worldwide Maintenance............... 32 32 - Locations -FH Ops DW Unspecified Worldwide Utilities................. 4,113 4,113 - Locations - ........................ - Family Housing Operation And Maintenance, Defense-Wide Total 54,728 54,728 - ...................... - Worldwide Unspecified -FHIF Unspecified Worldwide Administrative Expenses-- 5,897 5,897 - Locations FHIF. - ........................ - DOD Family Housing Improvement Fund Total 5,897 5,897 - ...................... - Worldwide Unspecified -UHIF Unspecified Worldwide Administrative Expenses-- 600 600 - Locations UHIF. - ........................ - Unaccompanied Housing Improvement Fund Total 600 600 - ...................... - Worldwide Unspecified -BRAC--Air Force Unspecified Worldwide DOD BRAC Activities--Air 109,222 109,222 - Locations Force. -BRAC--Army Base Realignment & Base Realignment and 66,060 106,060 - Closure, Army Closure. -BRAC--Navy Unspecified Worldwide Base Realignment & Closure 125,165 225,165 - Locations - ........................ - Base Realignment and Closure--Total 300,447 440,447 - ...................... - Total, Military Construction 7,813,563 7,813,563 + Alaska +Military Construction, Army Fort Wainwright Child Development Center... 0 55,000 +Military Construction, Army Fort Wainwright Unaccompanied Enlisted 0 59,000 + Personnel Housing. + Arizona +Military Construction, Army Yuma Proving Ground Ready Building............. 14,000 14,000 + California +Military Construction, Army Military Ocean Ammunition Holding Facility 0 46,000 + Terminal Concord + Colorado +Military Construction, Army Fort Carson, Colorado Physical Fitness Facility.. 28,000 28,000 + Florida +Military Construction, Army Jiatf-S Operations Planning and Design........ 0 8,000 + Center + Georgia +Military Construction, Army Fort Gillem Forensic Laboratory........ 71,000 71,000 +Military Construction, Army Fort Gordon Adv Individual Training 80,000 80,000 + Barracks Cplx, Ph3. + Hawaii +Military Construction, Army Fort Shafter Child Development Center-- 0 65,000 + School Age. +Military Construction, Army Schofield Barracks Child Development Center... 0 39,000 +Military Construction, Army Wheeler Army Air Field Aircraft Maintenance Hangar 89,000 89,000 + Italy +Military Construction, Army Casmera Renato DAL Din Access Control Point....... 0 10,200 + Louisiana +Military Construction, Army Fort Polk, Louisiana Information Systems 25,000 25,000 + Facility. + Oklahoma +Military Construction, Army McAlester AAP Ammunition Demolition Shop. 35,000 35,000 + Pennsylvania +Military Construction, Army Carlisle Barracks General Instruction 38,000 25,540 + Building, Incr2. + South Carolina +Military Construction, Army Fort Jackson Trainee Barracks Complex 3, 0 7,000 + Ph2. + Virginia +Military Construction, Army Humphreys Engineer Training Support Facility.. 51,000 51,000 + Center + Worldwide Unspecified +Military Construction, Army Unspecified Worldwide Host Nation Support........ 39,000 39,000 + Locations +Military Construction, Army Unspecified Worldwide Planning and Design........ 129,436 64,436 + Locations +Military Construction, Army Unspecified Worldwide Unspecified Minor 50,900 68,900 + Locations Construction. + ........................ + Military Construction, Army TOTAL 650,336 880,076 + ...................... + Arizona +Military Construction, Navy Yuma Bachelor Enlisted Quarters 0 0 + Replacement. + Bahrain Island +Military Construction, Navy SW Asia Ship to Shore Utility 68,340 68,340 + Services. + California +Military Construction, Navy Camp Pendleton Combat Water Survival 0 25,200 + Training Faciity. +Military Construction, Navy Camp Pendleton Warehouse Consolidation and 0 21,800 + Modernization. +Military Construction, Navy Camp Pendleton, 1st MARDIV Operations 68,530 68,530 + California Complex. +Military Construction, Navy Camp Pendleton, I MEF Consolidated 37,000 37,000 + California Information Center (Inc). +Military Construction, Navy Lemoore F-35C Hangar 6 Phase 2 (Mod 128,070 53,000 + 3/4). +Military Construction, Navy Lemoore F-35C Simulator Facility & 59,150 59,150 + Electrical Upgrade. +Military Construction, Navy Point Mugu Directed Energy Test 0 26,700 + Facility. +Military Construction, Navy Port Hueneme Combat Vehicle Maintenance 0 43,500 + Facilities. +Military Construction, Navy San Diego Pier 6 Replacement......... 128,500 63,500 +Military Construction, Navy Seal Beach Magazines.................. 0 46,800 +Military Construction, Navy Twentynine Palms, Wastewater Treatment Plant. 76,500 76,500 + California + El Salvador +Military Construction, Navy Comolapa Long Range Maritime Patrol 0 28,000 + Aircraft Hangar and Ramp. + Greece +Military Construction, Navy Souda Bay Communication Center....... 50,180 50,180 + Guam +Military Construction, Navy Andersen AFB Ordnance Operations Admin.. 21,280 21,280 +Military Construction, Navy Joint Region Marianas Bachelor Enlisted Quarters 80,000 68,649 + H (Inc). +Military Construction, Navy Joint Region Marianas Base Warehouse............. 55,410 55,410 +Military Construction, Navy Joint Region Marianas Central Fuel Station....... 35,950 35,950 +Military Construction, Navy Joint Region Marianas Central Issue Facility..... 45,290 45,290 +Military Construction, Navy Joint Region Marianas Combined EOD Facility...... 37,600 37,600 +Military Construction, Navy Joint Region Marianas DAR Bridge Improvements.... 40,180 40,180 +Military Construction, Navy Joint Region Marianas DAR Road Strengthening..... 70,760 70,760 +Military Construction, Navy Joint Region Marianas Distribution Warehouse..... 77,930 77,930 +Military Construction, Navy Joint Region Marianas Individual Combat Skills 17,430 17,430 + Training. +Military Construction, Navy Joint Region Marianas Joint Communication Upgrade 166,000 22,000 + Hawaii +Military Construction, Navy Joint Base Pearl Waterfront Improve, Wharves 48,990 48,990 + Harbor-Hickam S1,S11-13,S20-21. +Military Construction, Navy Joint Base Pearl Waterfront Improvements 65,910 65,910 + Harbor-Hickam Wharves S8-S10. + Japan +Military Construction, Navy Yokosuka Pier 5 (Berths 2 and 3) 74,692 74,692 + (Inc). + Maine +Military Construction, Navy Kittery Multi-Mission Drydock #1 160,000 160,000 + Exten., Ph 1 (Inc). +Military Construction, Navy Nctams Lant Detachment Perimeter Security......... 0 26,100 + Center + Nevada +Military Construction, Navy Fallon Range Training Complex, 29,040 29,040 + Phase 1. + North Carolina +Military Construction, Navy Camp Lejeune, North II MEF Operations Center 20,000 20,000 + Carolina Replacement (Inc). +Military Construction, Navy Cherry Point Fitness Center Replacement 0 51,900 + and Training Pool. + Spain +Military Construction, Navy Rota MH-60r Squadron Support 60,110 60,110 + Facilities. + Virginia +Military Construction, Navy Norfolk E-2D Training Facility..... 30,400 30,400 +Military Construction, Navy Norfolk MH60 & CMV-22B Corrosion 17,671 17,671 + Control & Paint Fac. +Military Construction, Navy Norfolk Sub Logistics Support...... 0 9,400 + Worldwide Unspecified +Military Construction, Navy Unspecified Worldwide Planning & Design.......... 165,710 160,710 + Locations +Military Construction, Navy Unspecified Worldwide Pdi: Planning & Design-- 0 7,500 + Locations Indo-Pacific Command + Posture Initiatives. +Military Construction, Navy Unspecified Worldwide Siop Planning & Design..... 0 45,000 + Locations +Military Construction, Navy Unspecified Worldwide Unspecified Minor 38,983 38,983 + Locations Construction. + ........................ + Military Construction, Navy TOTAL 1,975,606 2,007,085 + ...................... + California +Military Construction, Air Edwards AFB Flight Test Engineering 0 40,000 + Force Laboratory Complex. + Colorado +Military Construction, Air Schriever AFB Consolidated Space 88,000 88,000 + Force Operations Facility, Inc 2. +Military Construction, Air U.S. Air Force Academy Cadet Prepatory School 0 0 + Force Dormitory. + Florida +Military Construction, Air Eglin Advanced Munitions 0 35,000 + Force Technology Complex. + Guam +Military Construction, Air Joint Region Marianas Stand Off Weapons Complex, 56,000 56,000 + Force MSA 2. + Illinois +Military Construction, Air Scott Add/Alter Consolidated 0 0 + Force Communications Facility. + Mariana Islands +Military Construction, Air Tinian Airfield Development Phase 20,000 39,500 + Force 1, Inc 2. +Military Construction, Air Tinian Fuel Tanks With Pipeline & 7,000 0 + Force Hydrant Sys, Inc 2. +Military Construction, Air Tinian Parking Apron, Inc 2....... 15,000 21,500 + Force + Maryland +Military Construction, Air Joint Base Andrews Consolidated Communications 0 13,000 + Force Center. + Montana +Military Construction, Air Malmstrom AFB Weapons Storage & 25,000 0 + Force Maintenance Facility, Inc + 2. + New Jersey +Military Construction, Air Joint Base McGuire-Dix- Munitions Storage Area..... 22,000 22,000 + Force Lakehurst + Qatar +Military Construction, Air Al Udeid, Qatar Cargo Marshalling Yard..... 26,000 26,000 + Force + South Dakota +Military Construction, Air Ellsworth AFB B-21 2-Bay LO Restoration 0 10,000 + Force Facility. + Texas +Military Construction, Air Joint Base San Antonio BMT Recruit Dormitory 8, 36,000 36,000 + Force Inc 2. +Military Construction, Air Joint Base San Antonio T-X ADAL Ground Based Trng 19,500 19,500 + Force Sys Sim. + Utah +Military Construction, Air Hill AFB GBSD Mission Integration 68,000 68,000 + Force Facility, Inc 2. +Military Construction, Air Hill AFB GBSD Organic Software 0 18,800 + Force Sustainment Center. + Virginia +Military Construction, Air Joint Base Langley- Access Control Point Main 19,500 19,500 + Force Eustis Gate With Land Acq. + Worldwide Unspecified +Military Construction, Air Unspecified Worldwide Cost to Complete........... 0 0 + Force Locations +Military Construction, Air Unspecified Worldwide Planning & Design.......... 296,532 116,532 + Force Locations +Military Construction, Air Unspecified Worldwide Pdi: Planning & Design-- 0 7,500 + Force Locations Indo-Pacific Command + Posture Initiatives. +Military Construction, Air Unspecified Worldwide Unspecified Minor 68,600 68,600 + Force Locations Construction. + Wyoming +Military Construction, Air Fe Warren Weapons Storage Facility... 0 12,000 + Force + ........................ + Military Construction, Air Force TOTAL 767,132 717,432 + ...................... + Alabama +Military Construction, Anniston Army Depot Demilitarization Facility.. 18,000 18,000 + Defense-Wide +Military Construction, Fort Rucker Construct 10mw Generation & 0 24,000 + Defense-Wide Microgrid. + Alaska +Military Construction, Fort Greely Communications Center...... 48,000 48,000 + Defense-Wide + Arizona +Military Construction, Fort Huachuca Laboratory Building........ 33,728 33,728 + Defense-Wide +Military Construction, Yuma SOF Hangar................. 49,500 49,500 + Defense-Wide + Arkansas +Military Construction, Fort Smith ANG PV Arrays and Battery 0 2,600 + Defense-Wide Storage. + California +Military Construction, Beale AFB Bulk Fuel Tank............. 22,800 22,800 + Defense-Wide +Military Construction, Marine Corps Air Install 10 Mw Battery 11,646 11,646 + Defense-Wide Combat Center / Energy Storage for Various + Twenty Nine Palms Buildings. +Military Construction, Military Ocean Military Ocean Terminal 29,000 29,000 + Defense-Wide Terminal Concord Concord Microrid. +Military Construction, NAWS China Lake Solar Energy Storage System 0 0 + Defense-Wide +Military Construction, NSA Monterey Cogeneration Plant at B236. 10,540 0 + Defense-Wide + Colorado +Military Construction, Fort Carson, Colorado SOF Tactical Equipment 15,600 15,600 + Defense-Wide Maintenance Facility. + Conus Unspecified +Military Construction, Conus Unspecified Training Target Structure.. 14,400 14,400 + Defense-Wide + District of Columbia +Military Construction, Joint Base Anacostia Dia HQ Cooling Towersand 0 1,963 + Defense-Wide Bolling Cond Pumps. +Military Construction, Joint Base Anacostia Industrial Controls System 10,343 10,343 + Defense-Wide Bolling Modernization. +Military Construction, Joint Base Anacostia Industrial Controls System 0 8,749 + Defense-Wide Bolling Modernization. +Military Construction, Joint Base Anacostia PV Carports................ 0 25,221 + Defense-Wide Bolling + Florida +Military Construction, Hurlburt Field SOF Combat Aircraft Parking 38,310 38,310 + Defense-Wide Apron-North. +Military Construction, Hurlburt Field SOF Special Tactics Ops 44,810 44,810 + Defense-Wide Facility (23 STS). + Georgia +Military Construction, Fort Benning Construct 4.8mw Generation 0 17,000 + Defense-Wide & Microgrid. + Germany +Military Construction, Rhine Ordnance Medical Center Replacement 200,000 82,433 + Defense-Wide Barracks Inc 9. + Italy +Military Construction, NSA Naples Smart Grid................. 3,490 3,490 + Defense-Wide + Japan +Military Construction, Def Fuel Support Point Fuel Wharf................. 49,500 49,500 + Defense-Wide Tsurumi +Military Construction, Yokosuka Kinnick High School Inc.... 30,000 0 + Defense-Wide + Kentucky +Military Construction, Fort Knox Van Voorhis Elementary 69,310 69,310 + Defense-Wide School. + Maryland +Military Construction, Bethesda Naval MEDCEN Addition/Alteration 180,000 50,000 + Defense-Wide Hospital Incr 4. +Military Construction, Fort Meade NSAW Recapitalize Building 250,000 250,000 + Defense-Wide #3 Inc. +Military Construction, NSA Bethesda Nsab-16 Replace Chillers 3 0 0 + Defense-Wide Through 9. +Military Construction, NSA South Potomac CBIRF / IHEODTD / Housing 18,460 18,460 + Defense-Wide Potable Water. + Mississippi +Military Construction, Camp Shelby Construct 10 Mw Generation 0 30,000 + Defense-Wide & Microgrid System. + Missouri +Military Construction, Fort Leonard Wood Hospital Replacement Inc 3. 40,000 40,000 + Defense-Wide +Military Construction, St Louis Next NGA West (N2W) Complex 119,000 60,000 + Defense-Wide Phase 2 Inc. +Military Construction, Whiteman AFB Install 10 Mw Combined Heat 17,310 17,310 + Defense-Wide and Power Plant. + Nevada +Military Construction, Creech AFB Central Standby Generators. 32,000 32,000 + Defense-Wide + New Mexico +Military Construction, Kirtland AFB Administrative Building.... 46,600 46,600 + Defense-Wide + North Carolina +Military Construction, Fort Bragg SOF Group Headquarters..... 53,100 53,100 + Defense-Wide +Military Construction, Fort Bragg SOF Military Working Dog 17,700 17,700 + Defense-Wide Facility. +Military Construction, Fort Bragg SOF Operations Facility.... 43,000 43,000 + Defense-Wide +Military Construction, Fort Bragg Sotf Chilled Water Upgrade. 0 6,100 + Defense-Wide + Ohio +Military Construction, Wright-Patterson AFB Construct Intelligence 0 35,000 + Defense-Wide Facility Central Utility + Plant. +Military Construction, Wright-Patterson AFB Hydrant Fuel System........ 23,500 23,500 + Defense-Wide + Tennessee +Military Construction, Memphis ANG PV Arrays and Battery 0 4,780 + Defense-Wide Storage. + Texas +Military Construction, Fort Hood, Texas Fuel Facilities............ 32,700 32,700 + Defense-Wide + Virginia +Military Construction, Joint Expeditionary SOF Dcs Operations Fac. and 54,500 54,500 + Defense-Wide Base Little Creek-- Command Center. + Story +Military Construction, Joint Expeditionary SOF NSWG-2 Nswtg Css 58,000 58,000 + Defense-Wide Base Little Creek-- Facilities. + Story +Military Construction, Nmc Portsmouth Retro Air Handling Units 611 611 + Defense-Wide From Constant Volume + Reheat to Variable Air + Volume. +Military Construction, Wallops Island Generation and Distribution 9,100 9,100 + Defense-Wide Resiliency Improvements. + Washington +Military Construction, Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900 + Defense-Wide McChord Main). +Military Construction, Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900 + Defense-Wide McChord North). +Military Construction, Manchester Bulk Fuel Storage Tanks 82,000 82,000 + Defense-Wide Phase 1. + Worldwide Unspecified +Military Construction, Unspecified Worldwide ERCIP Design............... 14,250 39,790 + Defense-Wide Locations +Military Construction, Unspecified Worldwide Exercise Related Minor 5,840 5,840 + Defense-Wide Locations Construction. +Military Construction, Unspecified Worldwide Planning & Design--Indo- 0 0 + Defense-Wide Locations Pacific Command Posture + Initiatives. +Military Construction, Unspecified Worldwide Planning & Design--Military 0 25,000 + Defense-Wide Locations Installation Resiliency. +Military Construction, Unspecified Worldwide Planning and Design........ 27,746 27,746 + Defense-Wide Locations +Military Construction, Unspecified Worldwide Planning and Design........ 10,303 10,303 + Defense-Wide Locations +Military Construction, Unspecified Worldwide Planning and Design........ 10,647 10,647 + Defense-Wide Locations +Military Construction, Unspecified Worldwide Unspecified Minor 4,922 4,922 + Defense-Wide Locations Construction. +Military Construction, Unspecified Worldwide Unspecified Minor 20,000 20,000 + Defense-Wide Locations Construction. +Military Construction, Unspecified Worldwide Unspecified Minor 3,000 3,000 + Defense-Wide Locations Construction. +Military Construction, Unspecified Worldwide Unspecified Minor 17,698 17,698 + Defense-Wide Locations Construction. +Military Construction, Unspecified Worldwide Unspecified Minor 8,000 8,000 + Defense-Wide Locations Construction. +Military Construction, Various Worldwide Planning and Design........ 64,406 64,406 + Defense-Wide Locations +Military Construction, Various Worldwide Planning and Design........ 32,624 32,624 + Defense-Wide Locations +Military Construction, Various Worldwide Unspecified Minor 9,726 9,726 + Defense-Wide Locations Construction. + ........................ + Military Construction, Defense-Wide TOTAL 2,027,520 1,886,366 + ...................... + Worldwide Unspecified +NATO Security Investment NATO Security NATO Security Investment 173,030 173,030 + Program Investment Program Program. + ........................ + NATO Security Investment Program TOTAL 173,030 173,030 + ...................... + Arizona +Military Construction, Army Tucson National Guard Readiness 18,100 18,100 + National Guard Center. + Arkansas +Military Construction, Army Fort Chaffee National Guard Readiness 0 15,000 + National Guard Center. + California +Military Construction, Army Bakersfield National Guard Vehicle 0 9,300 + National Guard Maintenance Shop. + Colorado +Military Construction, Army Peterson AFB National Guard Readiness 15,000 15,000 + National Guard Center. + Indiana +Military Construction, Army Shelbyville National Guard/Reserve 12,000 12,000 + National Guard Center Building Add/Al. + Kentucky +Military Construction, Army Frankfort National Guard/Reserve 15,000 15,000 + National Guard Center Building. + Mississippi +Military Construction, Army Brandon National Guard Vehicle 10,400 10,400 + National Guard Maintenance Shop. + Nebraska +Military Construction, Army North Platte National Guard Vehicle 9,300 9,300 + National Guard Maintenance Shop. + New Jersey +Military Construction, Army Joint Base McGuire-Dix- National Guard Readiness 15,000 15,000 + National Guard Lakehurst Center. + Ohio +Military Construction, Army Columbus National Guard Readiness 15,000 15,000 + National Guard Center. + Oklahoma +Military Construction, Army Ardmore National Guard Vehicle 0 9,800 + National Guard Maintenance Shop. + Oregon +Military Construction, Army Hermiston Enlisted Barracks, 9,300 9,300 + National Guard Transient Training. +Military Construction, Army Hermiston Enlisted Barracks, 0 15,735 + National Guard Transient Training. + Puerto Rico +Military Construction, Army Fort Allen National Guard Readiness 37,000 37,000 + National Guard Center. + South Carolina +Military Construction, Army Joint Base Charleston National Guard Readiness 15,000 15,000 + National Guard Center. + Tennessee +Military Construction, Army Mcminnville National Guard Readiness 11,200 11,200 + National Guard Center. + Texas +Military Construction, Army Fort Worth Aircraft Maintenance Hangar 6,000 6,000 + National Guard Addition/Alt. +Military Construction, Army Fort Worth National Guard Vehicle 7,800 7,800 + National Guard Maintenance Shop. + Utah +Military Construction, Army Nephi National Guard Readiness 12,000 12,000 + National Guard Center. + Virgin Islands +Military Construction, Army St. Croix Army Aviation Support 28,000 28,000 + National Guard Facility (Aasf). +Military Construction, Army St. Croix CST Ready Building......... 11,400 11,400 + National Guard + Wisconsin +Military Construction, Army Appleton National Guard Readiness 11,600 11,600 + National Guard Center Add/Alt. + Worldwide Unspecified +Military Construction, Army Unspecified Worldwide Planning and Design........ 29,593 29,593 + National Guard Locations +Military Construction, Army Unspecified Worldwide Unspecified Minor 32,744 32,744 + National Guard Locations Construction. + ........................ + Military Construction, Army National Guard TOTAL 321,437 371,272 + ...................... + Florida +Military Construction, Army Gainesville ECS TEMF/Warehouse......... 36,000 36,000 + Reserve + Massachusetts +Military Construction, Army Devens Reserve Forces Automated Multipurpose 8,700 8,700 + Reserve Training Area Machine Gun Range. + North Carolina +Military Construction, Army Asheville Army Reserve Center/Land... 24,000 24,000 + Reserve + Wisconsin +Military Construction, Army Fort McCoy Scout Reconnaissance Range. 14,600 14,600 + Reserve +Military Construction, Army Fort McCoy Transient Trainee Barracks. 0 2,500 + Reserve + Worldwide Unspecified +Military Construction, Army Unspecified Worldwide Planning and Design........ 1,218 1,218 + Reserve Locations +Military Construction, Army Unspecified Worldwide Unspecified Minor 3,819 3,819 + Reserve Locations Construction. + ........................ + Military Construction, Army Reserve TOTAL 88,337 90,837 + ...................... + Maryland +Military Construction, Reisterstown Reserve Training Center, 39,500 39,500 + Naval Reserve Camp Fretterd, MD. + Minnesota +Military Construction, Minneapolis Joint Reserve Intel Center. 0 12,800 + Naval Reserve + Utah +Military Construction, Hill AFB Naval Operational Support 25,010 25,010 + Naval Reserve Center. + Worldwide Unspecified +Military Construction, Unspecified Worldwide MCNR Minor Construction.... 3,000 3,000 + Naval Reserve Locations +Military Construction, Unspecified Worldwide MCNR Planning & Design..... 3,485 3,485 + Naval Reserve Locations + ........................ + Military Construction, Naval Reserve TOTAL 70,995 83,795 + ...................... + Alabama +Military Construction, Air Montgomery Regional Base Supply Complex........ 0 12,000 + National Guard Airport (ANG) Base +Military Construction, Air Montgomery Regional F-35 Simulator Facility.... 11,600 11,600 + National Guard Airport (ANG) Base + Guam +Military Construction, Air Joint Region Marianas Space Control Facility #5.. 20,000 20,000 + National Guard + Maryland +Military Construction, Air Joint Base Andrews F-16 Mission Training 9,400 9,400 + National Guard Center. + South Dakota +Military Construction, Air Hector International Consolidated RPA Operations 0 17,500 + National Guard Airport Facility. + Texas +Military Construction, Air Joint Base San Antonio F-16 Mission Training 10,800 10,800 + National Guard Center. + Worldwide Unspecified +Military Construction, Air Unspecified Worldwide Unspecified Minor 9,000 9,000 + National Guard Locations Construction. +Military Construction, Air Various Worldwide Planning and Design........ 3,414 3,414 + National Guard Locations + ........................ + Military Construction, Air National Guard TOTAL 64,214 93,714 + ...................... + Texas +Military Construction, Air Fort Worth F-35 Squadron Ops/Aircraft 0 25,000 + Force Reserve Maintenance Unit. +Military Construction, Air Fort Worth F-35A Simulator Facility... 14,200 14,200 + Force Reserve + Worldwide Unspecified +Military Construction, Air Unspecified Worldwide Planning & Design.......... 3,270 3,270 + Force Reserve Locations +Military Construction, Air Unspecified Worldwide Unspecified Minor 5,647 5,647 + Force Reserve Locations Construction. + ........................ + Military Construction, Air Force Reserve TOTAL 23,117 48,117 + ...................... + Italy +Family Housing Vicenza Family Housing New 84,100 84,100 + Construction, Army Construction. + Kwajalein +Family Housing Kwajalein Atoll Family Housing Replacement 32,000 32,000 + Construction, Army Construction. + Worldwide Unspecified +Family Housing Unspecified Worldwide Family Housing P & D....... 3,300 3,300 + Construction, Army Locations + ........................ + Family Housing Construction, Army TOTAL 119,400 119,400 + ...................... + Worldwide Unspecified +Family Housing Operation Unspecified Worldwide Furnishings................ 18,004 18,004 + And Maintenance, Army Locations +Family Housing Operation Unspecified Worldwide Housing Privitization 37,948 63,948 + And Maintenance, Army Locations Support. +Family Housing Operation Unspecified Worldwide Leasing.................... 123,841 123,841 + And Maintenance, Army Locations +Family Housing Operation Unspecified Worldwide Maintenance................ 97,789 97,789 + And Maintenance, Army Locations +Family Housing Operation Unspecified Worldwide Management................. 39,716 39,716 + And Maintenance, Army Locations +Family Housing Operation Unspecified Worldwide Miscellaneous.............. 526 526 + And Maintenance, Army Locations +Family Housing Operation Unspecified Worldwide Services................... 8,135 8,135 + And Maintenance, Army Locations +Family Housing Operation Unspecified Worldwide Utilities.................. 41,183 41,183 + And Maintenance, Army Locations + ........................ + Family Housing Operation And Maintenance, Army TOTAL 367,142 393,142 + ...................... + Worldwide Unspecified +Family Housing Unspecified Worldwide Construction Improvements.. 37,043 37,043 + Construction, Navy And Locations + Marine Corps +Family Housing Unspecified Worldwide Planning & Design.......... 3,128 3,128 + Construction, Navy And Locations + Marine Corps +Family Housing Unspecified Worldwide USMC DPRI/Guam Planning and 2,726 2,726 + Construction, Navy And Locations Design. + Marine Corps + ........................ + Family Housing Construction, Navy And Marine Corps TOTAL 42,897 42,897 + ...................... + Worldwide Unspecified +Family Housing Operation Unspecified Worldwide Furnishings................ 17,977 17,977 + And Maintenance, Navy And Locations + Marine Corps +Family Housing Operation Unspecified Worldwide Housing Privatization 53,700 78,700 + And Maintenance, Navy And Locations Support. + Marine Corps +Family Housing Operation Unspecified Worldwide Leasing.................... 62,658 62,658 + And Maintenance, Navy And Locations + Marine Corps +Family Housing Operation Unspecified Worldwide Maintenance................ 85,630 85,630 + And Maintenance, Navy And Locations + Marine Corps +Family Housing Operation Unspecified Worldwide Management................. 51,006 51,006 + And Maintenance, Navy And Locations + Marine Corps +Family Housing Operation Unspecified Worldwide Miscellaneous.............. 350 350 + And Maintenance, Navy And Locations + Marine Corps +Family Housing Operation Unspecified Worldwide Services................... 16,743 16,743 + And Maintenance, Navy And Locations + Marine Corps +Family Housing Operation Unspecified Worldwide Utilities.................. 58,429 58,429 + And Maintenance, Navy And Locations + Marine Corps + ........................ + Family Housing Operation And Maintenance, Navy And Marine Corps TOTAL 346,493 371,493 + ...................... + Worldwide Unspecified +Family Housing Unspecified Worldwide Construction Improvements.. 94,245 94,245 + Construction, Air Force Locations +Family Housing Unspecified Worldwide Planning & Design.......... 2,969 2,969 + Construction, Air Force Locations + ........................ + Family Housing Construction, Air Force TOTAL 97,214 97,214 + ...................... + Worldwide Unspecified +Family Housing Operation Unspecified Worldwide Furnishings................ 25,805 25,805 + And Maintenance, Air Force Locations +Family Housing Operation Unspecified Worldwide Housing Privatization...... 23,175 32,175 + And Maintenance, Air Force Locations +Family Housing Operation Unspecified Worldwide Leasing.................... 9,318 9,318 + And Maintenance, Air Force Locations +Family Housing Operation Unspecified Worldwide Maintenance................ 140,666 140,666 + And Maintenance, Air Force Locations +Family Housing Operation Unspecified Worldwide Management................. 64,732 64,732 + And Maintenance, Air Force Locations +Family Housing Operation Unspecified Worldwide Miscellaneous.............. 2,184 2,184 + And Maintenance, Air Force Locations +Family Housing Operation Unspecified Worldwide Services................... 7,968 7,968 + And Maintenance, Air Force Locations +Family Housing Operation Unspecified Worldwide Utilities.................. 43,173 43,173 + And Maintenance, Air Force Locations + ........................ + Family Housing Operation And Maintenance, Air Force TOTAL 317,021 326,021 + ...................... + Worldwide Unspecified +Family Housing Operation Unspecified Worldwide Furnishings................ 645 645 + And Maintenance, Defense- Locations + Wide +Family Housing Operation Unspecified Worldwide Furnishings................ 82 82 + And Maintenance, Defense- Locations + Wide +Family Housing Operation Unspecified Worldwide Leasing.................... 36,860 36,860 + And Maintenance, Defense- Locations + Wide +Family Housing Operation Unspecified Worldwide Leasing.................... 12,996 12,996 + And Maintenance, Defense- Locations + Wide +Family Housing Operation Unspecified Worldwide Maintenance................ 32 32 + And Maintenance, Defense- Locations + Wide +Family Housing Operation Unspecified Worldwide Utilities.................. 13 13 + And Maintenance, Defense- Locations + Wide +Family Housing Operation Unspecified Worldwide Utilities.................. 4,100 4,100 + And Maintenance, Defense- Locations + Wide + ........................ + Family Housing Operation And Maintenance, Defense-Wide TOTAL 54,728 54,728 + ...................... + Worldwide Unspecified +DOD Family Housing Unspecified Worldwide Administrative Expenses-- 5,897 5,897 + Improvement Fund Locations FHIF. + ........................ + DOD Family Housing Improvement Fund TOTAL 5,897 5,897 + ...................... + Worldwide Unspecified +Unaccompanied Housing Unspecified Worldwide Administrative Expenses-- 600 600 + Improvement Fund Locations UHIF. + ........................ + Unaccompanied Housing Improvement Fund TOTAL 600 600 + ...................... + Worldwide Unspecified +Base Realignment and Base Realignment & Base Realignment and 66,060 66,060 + Closure--Army Closure, Army Closure. +Base Realignment and Unspecified Worldwide Base Realignment & Closure. 125,165 125,165 + Closure--Navy Locations +Base Realignment and Unspecified Worldwide Dod BRAC Activities--Air 109,222 109,222 + Closure--Air Force Locations Force. + ........................ + Base Realignment and Closure TOTAL 300,447 300,447 ---------------------------------------------------------------------------------------------------------------- + SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS. ---------------------------------------------------------------------------------------------------------------- SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) ----------------------------------------------------------------------------------------------------------------- - State/Country and FY 2021 House - Account Installation Project Title Request Agreement + FY 2021 Conference + Service State/Country and Installation Project Request Authorized ---------------------------------------------------------------------------------------------------------------- - Worldwide Unspecified -Army Unspecified Worldwide EDI: Minor Construction..... 3,970 3,970 - Locations -Army Unspecified Worldwide EDI: Planning and Design.... 11,903 11,903 - Locations - ......................... - Military Construction, Army Total 15,873 15,873 - ....................... - Spain -Navy Rota EDI: EOD Boat Shop.......... 31,760 31,760 -Navy Rota EDI: Expeditionary 27,470 27,470 - Maintenance Facility. - Worldwide Unspecified -Navy Unspecified Worldwide Planning & Design........... 10,790 10,790 - Locations - ......................... - Military Construction, Navy Total 70,020 70,020 - ....................... - Germany -AF Ramstein EDI: Rapid Airfield Damage 36,345 36,345 - Repair Storage. -AF Spangdahlem AB EDI: Rapid Airfield Damage 25,824 25,824 - Repair Storage. - Romania -AF Campia Turzii EDI: Dangerous Cargo Pad.... 11,000 11,000 -AF Campia Turzii EDI: ECAOS DABS-FEV Storage 68,000 68,000 - Complex. -AF Campia Turzii EDI: Parking Apron.......... 19,500 19,500 -AF Campia Turzii EDI: POL Increase Capacity.. 32,000 32,000 - Worldwide Unspecified -AF Unspecified Worldwide EDI: Unspecified Minor 16,400 16,400 - Locations Military Construction. -AF Various Worldwide EDI: Planning & Design...... 54,800 54,800 - Locations - ......................... - Military Construction, Air Force Total 263,869 263,869 - ....................... - Total, Military Construction 349,762 349,762 + Worldwide Unspecified +Army Unspecified Worldwide Locations EDI: Minor Construction... 3,970 3,970 +Army Unspecified Worldwide Locations EDI: Planning and Design.. 11,903 11,903 + Spain +Navy Rota EDI: EOD Boat Shop........ 31,760 31,760 +Navy Rota EDI: Expeditionary 27,470 27,470 + Maintenance Facility. + Worldwide Unspecified +Navy Unspecified Worldwide Locations Planning & Design......... 10,790 10,790 + Germany +AF Ramstein EDI: Rapid Airfield Damage 36,345 36,345 + Repair Storage. +AF Spangdahlem AB EDI: Rapid Airfield Damage 25,824 25,824 + Repair Storage. + Romania +AF Campia Turzii EDI: Dangerous Cargo Pad.. 11,000 11,000 +AF Campia Turzii EDI: ECAOS DABS-FEV 68,000 68,000 + Storage Complex. +AF Campia Turzii EDI: Parking Apron........ 19,500 19,500 +AF Campia Turzii EDI: POL Increase Capacity 32,000 32,000 + Worldwide Unspecified +AF Unspecified Worldwide Locations EDI: Unspecified Minor 16,400 16,400 + Military Construction. +AF Various Worldwide Locations EDI: Planning & Design.... 54,800 54,800 ---------------------------------------------------------------------------------------------------------------- + TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS +Sec. 4701. Department of energy national security programs. SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. ------------------------------------------------------------------------ SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2021 House - Program Request Authorized + FY 2021 Conference + Program Request Authorized ------------------------------------------------------------------------ Discretionary Summary By Appropriation - Energy And Water Development, And Related - Agencies + Energy And Water Development, And + Related Agencies Appropriation Summary: Energy Programs - Nuclear Energy........................ 137,800 137,800 + Nuclear Energy...................... 137,800 137,800 Atomic Energy Defense Activities National nuclear security administration: - Weapons activities.................. 15,602,000 15,602,000 - Defense nuclear nonproliferation.... 2,031,000 2,111,000 - Naval reactors...................... 1,684,000 1,684,000 - Federal salaries and expenses....... 454,000 454,000 - Total, National nuclear security 19,771,000 19,851,000 - administration........................... + Weapons activities................ 15,602,000 15,550,428 + Defense nuclear nonproliferation.. 2,031,000 2,041,000 + Naval reactors.................... 1,684,000 1,684,000 + Federal salaries and expenses..... 454,000 454,000 + Total, National nuclear security 19,771,000 19,729,428 + administration..................... Environmental and other defense activities: - Defense environmental cleanup....... 4,983,608 5,773,708 - Other defense activities............ 1,054,727 899,289 - Total, Environmental & other defense 6,038,335 6,672,997 - activities............................... - Total, Atomic Energy Defense Activities... 25,809,335 26,523,997 - Total, Discretionary Funding.............. 25,947,135 26,661,797 + Defense environmental cleanup..... 4,983,608 5,815,767 + Other defense activities.......... 1,054,727 901,048 + Total, Environmental & other defense 6,038,335 6,716,815 + activities......................... + Total, Atomic Energy Defense 25,809,335 26,446,243 + Activities........................... +Total, Discretionary Funding.............. 25,947,135 26,584,043 Nuclear Energy - Idaho sitewide safeguards and security.... 137,800 137,800 - Total, Nuclear Energy..................... 137,800 137,800 + Idaho sitewide safeguards and security.. 137,800 137,800 +Total, Nuclear Energy..................... 137,800 137,800 Stockpile Management Stockpile Major Modernization - B61-12 Life extension program......... 815,710 815,710 - W88 Alt 370........................... 256,922 256,922 - W80-4 Life extension program.......... 1,000,314 1,000,314 - W87-1 Modification Program............ 541,000 541,000 - W93................................... 53,000 53,000 - Total, Stockpile Major Modernization...... 2,666,946 2,666,946 + B61-12 Life extension program....... 815,710 815,710 + W76-2 Modification program.......... 0 0 + W88 Alt 370......................... 256,922 256,922 + W80-4 Life extension program........ 1,000,314 1,000,314 + W87-1 Modification Program.......... 541,000 541,000 + W93................................. 53,000 53,000 + Total, Stockpile Major Modernization.. 2,666,946 2,666,946 Stockpile services - Production Operations............... 568,941 568,941 - Stockpile Sustainment............... 998,357 998,357 - Weapons Dismantlement and 50,000 50,000 - Disposition........................ - Subtotal, Stockpile Services.............. 1,617,298 1,617,298 - Total, Stockpile Management............... 4,284,244 4,284,244 + Production Operations............. 568,941 568,941 + Stockpile Sustainment............. 998,357 998,357 + Weapons Dismantlement and 50,000 50,000 + Disposition...................... + Subtotal, Stockpile Services........ 1,617,298 1,617,298 + Total, Stockpile Management............. 4,284,244 4,284,244 Weapons Activities Production Modernization Primary Capability Modernization Plutonium Modernization Los Alamos Plutonium Modernization - Los Alamos Plutonium Operations... 610,599 610,599 - 21-D-512 Plutonium Pit Production 226,000 226,000 - Project, LANL.................... - Subtotal, Los Alamos Plutonium 836,599 836,599 - Modernization............................ + Los Alamos Plutonium Operations. 610,599 610,599 + 21-D-512 Plutonium Pit 226,000 226,000 + Production Project, LANL....... + Subtotal, Los Alamos Plutonium 836,599 836,599 + Modernization.................... Savannah River Plutonium Modernization - Savannah River Plutonium 200,000 200,000 - Operations....................... - 21-D-511 Savannah River Plutonium 241,896 241,896 - Processing Facility, SRS......... - Subtotal, Savannah River Plutonium 441,896 441,896 - Modernization............................ - Enterprise Plutonium Support........ 90,782 90,782 - Total, Plutonium Modernization............ 1,369,277 1,369,277 - High Explosives and Energetics........ 67,370 67,370 - Total, Primary Capability Modernization... 1,436,647 1,436,647 - Secondary Capability Modernization...... 457,004 457,004 - Tritium and Domestic Uranium Enrichment. 457,112 457,112 - Non-Nuclear Capability Modernization.... 107,137 107,137 - Total, Production Modernization........... 2,457,900 2,457,900 + Savannah River Plutonium 200,000 200,000 + Operations..................... + 21-D-511 Savannah River 241,896 241,896 + Plutonium Processing Facility, + SRS............................ + Subtotal, Savannah River Plutonium 441,896 441,896 + Modernization.................... + Enterprise Plutonium Support...... 90,782 90,782 + Total, Plutonium Modernization...... 1,369,277 1,369,277 + High Explosives and Energetics...... 67,370 67,370 + Total, Primary Capability 1,436,647 1,436,647 + Modernization........................ + Secondary Capability Modernization.... 457,004 457,004 + Tritium and Domestic Uranium 457,112 457,112 + Enrichment........................... + Non-Nuclear Capability Modernization.. 107,137 107,137 + Total, Production Modernization......... 2,457,900 2,457,900 Stockpile Research, Technology, and Engineering - Assessment Science...................... 773,111 773,111 - Engineering and Integrated Assessments.. 337,404 337,404 - Inertial Confinement Fusion............. 554,725 554,725 - Advanced Simulation and Computing....... 732,014 732,014 - Weapon Technology and Manufacturing 297,965 297,965 - Maturation............................. - Academic Programs....................... 86,912 86,912 - Total, Stockpile Research, Technology, and 2,782,131 2,782,131 - Engineering.............................. + Assessment Science.................... 773,111 773,111 + Engineering and Integrated Assessments 337,404 337,404 + Inertial Confinement Fusion........... 554,725 554,725 + Advanced Simulation and Computing..... 732,014 732,014 + Weapon Technology and Manufacturing 297,965 297,965 + Maturation........................... + Academic Programs..................... 86,912 86,912 + Total, Stockpile Research, Technology, 2,782,131 2,782,131 + and Engineering........................ Infrastructure and Operations - Operations of facilities................ 1,014,000 1,014,000 - Safety and environmental operations..... 165,354 165,354 - Maintenance and repair of facilities.... 792,000 792,000 + Operations of facilities.............. 1,014,000 1,014,000 + Safety and environmental operations... 165,354 165,354 + Maintenance and repair of facilities.. 792,000 755,428 Recapitalization: - Infrastructure and safety............. 670,000 670,000 - Capability based investments.......... 149,117 149,117 - Planning for Programmatic Construction 84,787 84,787 - (Pre-CD-1)........................... - Total, Recapitalization................... 903,904 903,904 + Infrastructure and safety........... 670,000 670,000 + Capability based investments........ 149,117 149,117 + Planning for Programmatic 84,787 84,787 + Construction (Pre-CD-1)............ + Total, Recapitalization............... 903,904 903,904 Construction: - 21-D-510 HE Synthesis, Formulation, 31,000 31,000 - and Production, PX................... - 19-D-670 138kV Power Transmission 59,000 59,000 - System Replacement, NNSS............. - 18-D-690 Lithium Processing Facility, 109,405 109,405 - Y-12................................. - 18-D-620 Exascale Computing Facility 29,200 29,200 - Modernization Project, LLNL.......... - 18-D-650 Tritium Finishing Facility, 27,000 27,000 - SRS.................................. - 17-D-640, U1a Complex Enhancements 160,600 160,600 - Project, NNSS........................ - 15-D-612 Emergency Operations Center, 27,000 27,000 - LLNL................................. - 15-D-611 Emergency Operations Center, 36,000 36,000 - SNL.................................. - 15-D-302, TA-55 Reinvestments Project, 30,000 30,000 - Phase 3, LANL........................ - 15-D-301, HE Science & Engineering 43,000 43,000 - Facility, PX......................... - 07-D-220-04 Transuranic Liquid Waste 36,687 36,687 - Facility, LANL....................... - 06-D-141 Uranium processing facility Y- 750,000 750,000 - 12, Oak Ridge, TN.................... - 04-D-125 Chemistry and Metallurgy 169,427 169,427 - Research Replacement Project, LANL... - Total, Construction....................... 1,508,319 1,508,319 - Total, Infrastructure and operations...... 4,383,577 4,383,577 + 21-D-510 HE Synthesis, Formulation, 31,000 31,000 + and Production, PX................. + 19-D-670 138kV Power Transmission 59,000 59,000 + System Replacement, NNSS........... + 18-D-690 Lithium Processing 109,405 109,405 + Facility, Y-12..................... + 18-D-620 Exascale Computing Facility 29,200 29,200 + Modernization Project, LLNL........ + 18-D-650 Tritium Finishing Facility, 27,000 27,000 + SRS................................ + 17-D-640, U1a Complex Enhancements 160,600 160,600 + Project, NNSS...................... + 15-D-612 Emergency Operations 27,000 27,000 + Center, LLNL....................... + 15-D-611 Emergency Operations 36,000 36,000 + Center, SNL........................ + 15-D-302, TA-55 Reinvestments 30,000 30,000 + Project, Phase 3, LANL............. + 15-D-301, HE Science & Engineering 43,000 43,000 + Facility, PX....................... + 07-D-220-04 Transuranic Liquid Waste 36,687 36,687 + Facility, LANL..................... + 06-D-141 Uranium processing facility 750,000 750,000 + Y-12, Oak Ridge, TN................ + 04-D-125 Chemistry and Metallurgy 169,427 169,427 + Research Replacement Project, LANL. + Total, Construction................... 1,508,319 1,508,319 + Total, Infrastructure and operations.... 4,383,577 4,347,005 Secure transportation asset - Operations and equipment................ 266,390 266,390 - Program direction....................... 123,684 123,684 - Total, Secure transportation asset........ 390,074 390,074 + Operations and equipment.............. 266,390 266,390 + Program direction..................... 123,684 123,684 + Total, Secure transportation asset...... 390,074 390,074 Defense Nuclear Security - Operations and maintenance.............. 815,895 815,895 + Operations and maintenance............ 815,895 800,895 Construction: - 17-D-710 West end protected area 11,000 11,000 - reduction project, Y-12.............. - Total, Defense nuclear security........... 826,895 826,895 + 17-D-710 West end protected area 11,000 11,000 + reduction project, Y-12............ + Total, Defense nuclear security......... 826,895 800,895 - Information technology and cybersecurity.. 375,511 375,511 + Information technology and cybersecurity 375,511 375,511 - Legacy contractor pensions................ 101,668 101,668 - Total, Weapons Activities................. 15,602,000 15,602,000 + Legacy contractor pensions.............. 101,668 101,668 +Total, Weapons Activities................. 15,602,000 15,550,428 Defense Nuclear Nonproliferation - Defense Nuclear Nonproliferation Programs + Defense Nuclear Nonproliferation + Programs Global material security - International nuclear security........ 66,391 66,391 - Domestic radiological security........ 101,000 131,000 - Container breach in Seattle, WA..... [30,000] - International radiological security... 73,340 73,340 - Nuclear smuggling detection and 159,749 159,749 - deterrence........................... - Total, Global material security........... 400,480 430,480 + International nuclear security...... 66,391 66,391 + Domestic radiological security...... 101,000 131,000 + Container breach in Seattle, WA... [30,000] + International radiological security. 73,340 73,340 + Nuclear smuggling detection and 159,749 159,749 + deterrence......................... + Total, Global material security....... 400,480 430,480 Material management and minimization - HEU reactor conversion................ 170,000 170,000 - Nuclear material removal.............. 40,000 40,000 - Material disposition.................. 190,711 190,711 - Total, Material management & minimization. 400,711 400,711 + HEU reactor conversion.............. 170,000 110,000 + Nuclear material removal............ 40,000 40,000 + Material disposition................ 190,711 190,711 + Total, Material management & 400,711 340,711 + minimization......................... - Nonproliferation and arms control....... 138,708 138,708 + Nonproliferation and arms control..... 138,708 138,708 - National Technical Nuclear Forensics R&D 40,000 40,000 + National Technical Nuclear Forensics 40,000 40,000 + R&D.................................. Defense nuclear nonproliferation R&D - Proliferation Detection............... 235,220 265,220 - Nuclear verification and detection, [30,000] - next-gen technologies.............. - Nuclear Detonation Detection.......... 236,531 236,531 - Nonproliferation Stewardship Program.. 59,900 59,900 - LEU Research and Development.......... 0 20,000 - LEU R&D for Naval Pressurized Water [20,000] - Reactors........................... - Total, Defense nuclear nonproliferation 531,651 581,651 - R&D...................................... + Proliferation Detection............. 235,220 255,220 + Nuclear verification and [20,000] + detection, next-gen technologies. + Nuclear Detonation Detection........ 236,531 236,531 + Nonproliferation Stewardship Program 59,900 59,900 + LEU Research and Development........ 0 20,000 + LEU R&D for Naval Pressurized [20,000] + Water Reactors................... + Total, Defense nuclear 531,651 571,651 + nonproliferation R&D................. Nonproliferation Construction: - 18-D-150 Surplus Plutonium Disposition 148,589 148,589 - Project, SRS......................... - Total, Nonproliferation construction...... 148,589 148,589 - Total, Defense Nuclear Nonproliferation 1,660,139 1,740,139 - Programs................................. + 18-D-150 Surplus Plutonium 148,589 148,589 + Disposition Project, SRS........... + Total, Nonproliferation construction.. 148,589 148,589 + Total, Defense Nuclear Nonproliferation 1,660,139 1,670,139 + Programs............................... - Legacy contractor pensions................ 14,348 14,348 - Nuclear counterterrorism and incident 377,513 377,513 - response program......................... - Use of Prior Year Balances................ -21,000 -21,000 - Total, Defense Nuclear Nonproliferation... 2,031,000 2,111,000 + Legacy contractor pensions.............. 14,348 14,348 + Nuclear counterterrorism and incident 377,513 377,513 + response program....................... + Use of Prior Year Balances.............. -21,000 -21,000 +Total, Defense Nuclear Nonproliferation... 2,031,000 2,041,000 Naval Reactors - Naval reactors development................ 590,306 590,306 - Columbia-Class reactor systems development 64,700 64,700 - S8G Prototype refueling................... 135,000 135,000 - Naval reactors operations and 506,294 506,294 - infrastructure........................... + Naval reactors development.............. 590,306 590,306 + Columbia-Class reactor systems 64,700 64,700 + development............................ + S8G Prototype refueling................. 135,000 135,000 + Naval reactors operations and 506,294 506,294 + infrastructure......................... Construction: - 21-D-530 KL Steam and Condensate 4,000 4,000 - Upgrades............................... - 14-D-901 Spent fuel handling 330,000 330,000 - recapitalization project, NRF.......... - Total, Construction....................... 334,000 334,000 - Program direction......................... 53,700 53,700 - Total, Naval Reactors..................... 1,684,000 1,684,000 + 21-D-530 KL Steam and Condensate 4,000 4,000 + Upgrades............................. + 14-D-901 Spent fuel handling 330,000 330,000 + recapitalization project, NRF........ + Total, Construction..................... 334,000 334,000 + Program direction....................... 53,700 53,700 +Total, Naval Reactors..................... 1,684,000 1,684,000 Federal Salaries And Expenses - Program direction......................... 454,000 454,000 - Total, Office Of The Administrator........ 454,000 454,000 + Program direction....................... 454,000 454,000 +Total, Office Of The Administrator........ 454,000 454,000 Defense Environmental Cleanup Closure sites: - Closure sites administration............ 4,987 4,987 + Closure sites administration.......... 4,987 4,987 Richland: - River corridor and other cleanup 54,949 235,949 - operations............................. - Program restoration................... [181,000] - Central plateau remediation............. 498,335 658,335 - Program restoration................... [160,000] - Richland community and regulatory 2,500 10,100 - support................................ - Program restoration................... [7,600] - Total, Hanford site....................... 555,784 904,384 + River corridor and other cleanup 54,949 235,949 + operations........................... + Program restoration................. [180,000] + Central plateau remediation........... 498,335 658,335 + Program restoration................. [160,000] + Richland community and regulatory 2,500 10,100 + support.............................. + Program restoration................. [7,600] + Total, Hanford site..................... 555,784 904,384 Office of River Protection: - Waste Treatment Immobilization Plant 50,000 50,000 - Commissioning.......................... - Rad liquid tank waste stabilization and 597,757 597,757 - disposition............................ - Tank farm activities.................... 0 180,000 - Program restoration................... [180,000] + Waste Treatment Immobilization Plant 50,000 50,000 + Commissioning........................ + Rad liquid tank waste stabilization 597,757 775,000 + and disposition...................... + Tank farm activities.................. 0 Construction: - 18-D-16 Waste treatment and 609,924 779,924 - immobilization plant--LBL/Direct feed - LAW.................................. - Program restoration................. [170,000] - Total, Construction....................... 609,924 779,924 - Total, Office of River Protection......... 1,257,681 1,607,681 + 18-D-16 Waste treatment and 609,924 776,000 + immobilization plant--LBL/Direct + feed LAW........................... + Program restoration............... [166,076] + 01-D-16 D High-Level Waste Facility + Total, Construction................... 609,924 776,000 + Total, Office of River Protection....... 1,257,681 1,601,000 Idaho National Laboratory: - Idaho cleanup and waste disposition..... 257,554 257,554 - Idaho community and regulatory support.. 2,400 2,400 - Total, Idaho National Laboratory.......... 259,954 259,954 + Idaho cleanup and waste disposition... 257,554 257,554 + Idaho community and regulatory support 2,400 2,400 + Total, Idaho National Laboratory........ 259,954 259,954 NNSA sites and Nevada off-sites - Lawrence Livermore National Laboratory.. 1,764 1,764 - Nuclear facility D & D - Separations Process Research Unit..... 15,000 15,000 - Nevada................................ 60,737 60,737 - Sandia National Laboratories.......... 4,860 4,860 - Los Alamos National Laboratory........ 120,000 165,000 - Program increase.................... [45,000] - Total, NNSA sites and Nevada off-sites.... 202,361 247,361 + Lawrence Livermore National Laboratory 1,764 1,764 + Separations Process Research Unit... 15,000 15,000 + Nevada.............................. 60,737 60,737 + Sandia National Laboratories........ 4,860 4,860 + Los Alamos National Laboratory...... 120,000 220,000 + Execute achievable scope of work.. [100,000] + Total, NNSA sites and Nevada off-sites.. 202,361 302,361 Oak Ridge Reservation: - OR Nuclear facility D & D............... 109,077 109,077 - Total, OR Nuclear facility D & D.......... 109,077 109,077 + OR Nuclear facility D & D............. 109,077 109,077 + Total, OR Nuclear facility D & D...... 109,077 109,077 - U233 Disposition Program................ 45,000 45,000 - OR cleanup and disposition.............. 58,000 58,000 + U233 Disposition Program.............. 45,000 45,000 + OR cleanup and disposition............ 58,000 58,000 Construction: - 17-D-401 On-site waste disposal 22,380 22,380 - facility........................... - 14-D-403 Outfall 200 Mercury 20,500 20,500 - Treatment Facility................. - Total, Construction....................... 42,880 42,880 - Total, OR cleanup and waste disposition... 145,880 145,880 + 17-D-401 On-site waste disposal 22,380 22,380 + facility......................... + 14-D-403 Outfall 200 Mercury 20,500 20,500 + Treatment Facility............... + Total, Construction................. 42,880 42,880 + Total, OR cleanup and waste 145,880 145,880 + disposition.......................... - OR community & regulatory support....... 4,930 4,930 - OR technology development and deployment 3,000 3,000 - Total, Oak Ridge Reservation.............. 262,887 262,887 + OR community & regulatory support..... 4,930 4,930 + OR technology development and 3,000 3,000 + deployment........................... + Total, Oak Ridge Reservation............ 262,887 262,887 Savannah River Sites: Savannah River risk management operations - Savannah River risk management 455,122 495,122 - operations........................... + Savannah River risk management 455,122 495,122 + operations......................... H-Canyon not placed into stand-by [40,000] - condition.......................... - Total, risk management operations......... 455,122 495,122 + condition........................ + Total, risk management operations..... 455,122 495,122 - SR community and regulatory support..... 4,989 11,489 + SR community and regulatory support... 4,989 11,489 Secure payment in lieu of taxes [6,500] - funding.............................. - Radioactive liquid tank waste 970,332 970,332 - stabilization and disposition.......... + funding............................ + Radioactive liquid tank waste 970,332 964,072 + stabilization and disposition........ Construction: - 20-D-402 Advanced Manufacturing 25,000 25,000 - Collaborative Facility (AMC)....... - 18-D-402 Saltstone Disposal Unit #8/ 65,500 65,500 - 9.................................. - 17-D-402 Saltstone Disposal Unit #7. 10,716 10,716 - Total, Construction....................... 101,216 101,216 - Total, Savannah River site................ 1,531,659 1,578,159 + 20-D-402 Advanced Manufacturing 25,000 25,000 + Collaborative Facility (AMC)..... + 18-D-402 Saltstone Disposal Unit 65,500 65,500 + #8/9............................. + 17-D-402 Saltstone Disposal Unit 10,716 10,716 + #7............................... + Total, Construction................. 101,216 101,216 + Total, Savannah River site.............. 1,531,659 1,571,899 Waste Isolation Pilot Plant - Waste Isolation Pilot Plant............. 323,260 323,260 + Waste Isolation Pilot Plant........... 323,260 323,260 Construction: - 15-D-412 Utility Saft................. 50,000 50,000 - 21-D-401 Hoisting Capability Project.. 10,000 10,000 - Total, Construction....................... 60,000 60,000 - Total, Waste Isolation Pilot Plant........ 383,260 383,260 + 15-D-412 Utility Saft............... 50,000 50,000 + 21-D-401 Hoisting Capability Project 10,000 10,000 + Total, Construction................... 60,000 60,000 + Total, Waste Isolation Pilot Plant...... 383,260 383,260 - Program direction......................... 275,285 275,285 - Program support........................... 12,979 12,979 - Technology development.................... 25,000 25,000 + Program direction....................... 275,285 275,285 + Program support......................... 12,979 12,979 + Technology development.................. 25,000 25,000 Safeguards and Security - Safeguards and Security................. 320,771 320,771 - Total, Safeguards and Security............ 320,771 320,771 + Safeguards and Security............... 320,771 320,771 + Total, Safeguards and Security.......... 320,771 320,771 - Prior year balances credited.............. -109,000 -109,000 - Total, Defense Environmental Cleanup...... 4,983,608 5,773,708 + Prior year balances credited............ -109,000 -109,000 +Total, Defense Environmental Cleanup...... 4,983,608 5,815,767 Other Defense Activities Environment, health, safety and security - Environment, health, safety and security 134,320 134,320 - Program direction....................... 75,368 75,368 - Total, Environment, Health, safety and 209,688 209,688 - security................................. + Environment, health, safety and 134,320 134,320 + security............................. + Program direction..................... 75,368 75,368 + Total, Environment, Health, safety and 209,688 209,688 + security............................... Independent enterprise assessments - Independent enterprise assessments...... 26,949 26,949 - Program direction....................... 54,635 54,635 - Total, Independent enterprise assessments. 81,584 81,584 + Independent enterprise assessments.... 26,949 26,949 + Program direction..................... 54,635 54,635 + Total, Independent enterprise 81,584 81,584 + assessments............................ - Specialized security activities........... 258,411 258,411 + Specialized security activities......... 258,411 258,411 Office of Legacy Management - Legacy management....................... 293,873 138,435 - Rejection of proposed transfer........ [-155,438] - Program direction....................... 23,120 23,120 - Total, Office of Legacy Management........ 316,993 161,555 + Legacy management..................... 293,873 140,194 + Rejection of proposed transfer...... [-153,679] + Program direction..................... 23,120 23,120 + Total, Office of Legacy Management...... 316,993 163,314 - Defense related administrative support.... 183,789 183,789 + Defense related administrative support.. 183,789 183,789 - Office of hearings and appeals............ 4,262 4,262 - Subtotal, Other defense activities........ 1,054,727 899,289 - Total, Other Defense Activities........... 1,054,727 899,289 + Office of hearings and appeals.......... 4,262 4,262 +Subtotal, Other defense activities........ 1,054,727 901,048 +Total, Other Defense Activities........... 1,054,727 901,048 ------------------------------------------------------------------------ + DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020 SEC. 5001. SHORT TITLE. - This division may be cited as the ``National Artificial Intelligence Initiative Act of 2020''. - -SEC. 5002. FINDINGS. - - Congress finds the following: - (1) Artificial intelligence is a tool that has the - potential to change and possibly transform every sector of the - United States economy and society. - (2) The Federal Government should continue to play an - important role advancing research, development, standards, and - education activities in artificial intelligence through - coordination and collaboration between government, academia, - and the private sector to leverage the intellectual, physical, - and digital resources of each stakeholder. - (3) The Federal Government lacks clear understanding of the - capabilities of artificial intelligence and its potential to - affect various social and economic sectors, including ethical - concerns, national security implications, and workforce - impacts. - (4) Researchers from academia, Federal laboratories, and - much of the private sector have limited access to many high- - quality datasets, computing resources, or real-world testing - environments to design and deploy safe and trustworthy - artificial intelligence systems. - (5) There is a lack of standards and benchmarking for - artificial intelligence systems that academia and the public - and private sectors can use to evaluate the performance of - these systems before and after deployment. - (6) Artificial intelligence is increasingly becoming a - highly interdisciplinary field with expertise required from a - diverse range of scientific and other scholarly disciplines - that traditionally work independently and continue to face - cultural and institutional barriers to large scale - collaboration. - (7) Current Federal investments and funding mechanisms are - largely insufficient to incentivize and support the large-scale - interdisciplinary and public-private collaborations that will - be required to advance trustworthy artificial intelligence - systems in the United States. - (8) The United States education pipeline for artificial - intelligence fields faces significant challenges. Not only does - the artificial intelligence research field lack the gender and - racial diversity of the American population as a whole, but it - is failing to both retain researchers and adequately support - educators to meet the demands of the next generation of - students studying artificial intelligence. - (9) In order to help drive forward advances in trustworthy - artificial intelligence across all sectors and to the benefit - of all Americans, the Federal Government must provide - sufficient resources and use its convening power to facilitate - the growth of artificial intelligence human capital, research, - and innovation capacity in academia and other nonprofit - research organizations, companies of all sizes and across all - sectors, and within the Federal Government. - -SEC. 5003. DEFINITIONS. - +SEC. 5002. DEFINITIONS. In this division: - (1) Advisory committee.--The term ``Advisory Committee'' - means the National Artificial Intelligence Advisory Committee - established under section 5104(a). - (2) Agency head.--The term ``agency head'' means the head - of any Executive agency (as defined in section 105 of title 5, - United States Code). - (3) Artificial intelligence.--The term ``artificial - intelligence'' means a machine-based system that can, for a - given set of human-defined objectives, make predictions, - recommendations or decisions influencing real or virtual - environments. Artificial intelligence systems use machine and - human-based inputs to-- - (A) perceive real and virtual environments; - (B) abstract such perceptions into models through - analysis in an automated manner; and - (C) use model inference to formulate options for - information or action. - (4) Initiative.--The term ``Initiative'' means the National - Artificial Intelligence Initiative established under section - 5101(a). - (5) Initiative office.--The term ``Initiative Office'' - means the National Artificial Intelligence Initiative Office - established under section 5102(a). - (6) Institute.--The term ``Institute'' means an Artificial - Intelligence Research Institute described in section - 5201(b)(1). - (7) Interagency committee.--The term ``Interagency - Committee'' means the interagency committee established under - section 5103(a). - (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 - an application of artificial intelligence that is characterized - by providing systems the ability to automatically learn and - improve on the basis of data or experience, without being - explicitly programmed. - - TITLE I--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE + (1) Advisory committee.--The term ``Advisory Committee'' means + the National Artificial Intelligence Advisory Committee established + under section 5104(a). + (2) Agency head.--The term ``agency head'' means the head of + any Executive agency (as defined in section 105 of title 5, United + States Code). + (3) Artificial intelligence.--The term ``artificial + intelligence'' means a machine-based system that can, for a given + set of human-defined objectives, make predictions, recommendations + or decisions influencing real or virtual environments. Artificial + intelligence systems use machine and human-based inputs to-- + (A) perceive real and virtual environments; + (B) abstract such perceptions into models through analysis + in an automated manner; and + (C) use model inference to formulate options for + information or action. + (4) Community college.--The term ``community college'' means a + public institution of higher education at which the highest degree + that is predominantly awarded to students is an associate's degree, + including 2-year Tribal Colleges or Universities under section 316 + of the Higher Education Act of 1965 (20 U.S.C. 1059c) and public 2- + year State institutions of higher education. + (5) Initiative.--The term ``Initiative'' means the National + Artificial Intelligence Initiative established under section + 5101(a). + (6) Initiative office.--The term ``Initiative Office'' means + the National Artificial Intelligence Initiative Office established + under section 5102(a). + (7) Institute.--The term ``Institute'' means an Artificial + Intelligence Research Institute described in section 5201(b)(2). + (8) Institution of higher education.--The term ``institution of + higher education'' has the meaning given the term in section 101 + and section 102(c) of the Higher Education Act of 1965 (20 U.S.C. + 1001). + (9) Interagency committee.--The term ``Interagency Committee'' + means the interagency committee established under section 5103(a). + (10) K-12 education.--The term ``K-12 education'' means + elementary school and secondary school education provided by local + educational agencies, as such agencies are defined in section 8101 + of the Elementary and Secondary Education Act of 1965 (20 U.S.C. + 7801). + (11) Machine learning.--The term ``machine learning'' means an + application of artificial intelligence that is characterized by + providing systems the ability to automatically learn and improve on + the basis of data or experience, without being explicitly + programmed. + + TITLE LI--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE +Sec. 5101. National Artificial Intelligence Initiative. +Sec. 5102. National Artificial Intelligence Initiative Office. +Sec. 5103. Coordination by Interagency Committee. +Sec. 5104. National Artificial Intelligence Advisory Committee. +Sec. 5105. National Academies artificial intelligence impact study on + workforce. +Sec. 5106. National AI Research Resource Task Force. SEC. 5101. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE. - (a) Establishment; Purposes.--The President shall establish and implement an initiative to be known as the ``National Artificial Intelligence Initiative''. The purposes of the Initiative shall be to-- - (1) ensure continued United States leadership in artificial - intelligence research and development; - (2) lead the world in the development and use of - trustworthy artificial intelligence systems in the public and - private sectors; - (3) maximize the benefits of artificial intelligence - systems for all American people; and - (4) prepare the present and future United States workforce - for the integration of artificial intelligence systems across - all sectors of the economy and society. + (1) ensure continued United States leadership in artificial + intelligence research and development; + (2) lead the world in the development and use of trustworthy + artificial intelligence systems in the public and private sectors; + (3) prepare the present and future United States workforce for + the integration of artificial intelligence systems across all + sectors of the economy and society; and + (4) coordinate ongoing artificial intelligence research, + development, and demonstration activities among the civilian + agencies, the Department of Defense and the Intelligence Community + to ensure that each informs the work of the others. (b) Initiative Activities.--In carrying out the Initiative, the President, acting through the Initiative Office, the Interagency Committee, and agency heads as the President considers appropriate, shall carry out activities that include the following: - (1) Sustained, consistent, and coordinated support for - artificial intelligence research and development through - grants, cooperative agreements, testbeds, and access to data - and computing resources. - (2) Support for the development of voluntary standards, - best practices, and benchmarks for the development and use of - trustworthy artificial intelligence systems. - (3) Support for educational programs at all levels, in both - formal and informal learning environments, to prepare the - American workforce and the general public to be able to use and - interact with artificial intelligence systems, as well as adapt - to the potentially transformative impact of artificial - intelligence on society and the economy. - (4) Support for interdisciplinary research, education, and - training programs for students and researchers that promote - learning in the methods and systems used in artificial - intelligence and foster interdisciplinary perspectives and - collaborations among subject matter experts in relevant fields, - including computer science, mathematics, statistics, - engineering, social sciences, psychology, behavioral science, - ethics, security, legal scholarship, and other disciplines that - will be necessary to advance artificial intelligence research - and development responsibly. - (5) Support for partnerships to leverage knowledge, - computing resources, access to open datasets, and other - resources from industry, government, nonprofit organizations, - Federal laboratories, State programs, and institutions of - higher education to advance activities under the Initiative. - (6) Interagency planning and coordination of Federal - artificial intelligence research, development, demonstration, - standards engagement, and other activities under the - Initiative. - (7) Establish the public sector infrastructure and - artificial intelligence capabilities necessary to respond to - pressing national challenges, including economic and public - health emergencies such as pandemics. - (8) Outreach to diverse stakeholders, including citizen - groups and industry, to ensure public input is taken into - account in the activities of the Initiative. - (9) Leveraging existing Federal investments to advance - objectives of the Initiative. - (10) Support for a network of interdisciplinary artificial - intelligence research institutes, as described in section - 5201(b)(7)(B). - (11) Support opportunities for international cooperation - with strategic allies, as appropriate, on the research and - development, assessment, and resources for trustworthy - artificial intelligence systems and the development of - voluntary consensus standards for those systems. - + (1) Sustained and consistent support for artificial + intelligence research and development through grants, cooperative + agreements, testbeds, and access to data and computing resources. + (2) Support for K-12 education and postsecondary educational + programs, including workforce training and career and technical + education programs, and informal education programs to prepare the + American workforce and the general public to be able to create, + use, and interact with artificial intelligence systems. + (3) Support for interdisciplinary research, education, and + workforce training programs for students and researchers that + promote learning in the methods and systems used in artificial + intelligence and foster interdisciplinary perspectives and + collaborations among subject matter experts in relevant fields, + including computer science, mathematics, statistics, engineering, + social sciences, health, psychology, behavioral science, ethics, + security, legal scholarship, and other disciplines that will be + necessary to advance artificial intelligence research and + development responsibly. + (4) Interagency planning and coordination of Federal artificial + intelligence research, development, demonstration, standards + engagement, and other activities under the Initiative, as + appropriate. + (5) Outreach to diverse stakeholders, including citizen groups, + industry, and civil rights and disability rights organizations, to + ensure public input is taken into account in the activities of the + Initiative. + (6) Leveraging existing Federal investments to advance + objectives of the Initiative. + (7) Support for a network of interdisciplinary artificial + intelligence research institutes, as described in section + 5201(b)(7)(B). + (8) Support opportunities for international cooperation with + strategic allies, as appropriate, on the research and development, + assessment, and resources for trustworthy artificial intelligence + systems. + (c) Limitation.--The Initiative shall not impact sources and +methods, as determined by the Director of National Intelligence. + (d) Rules of Construction.--Nothing in this division shall be +construed as-- + (1) modifying any authority or responsibility, including any + operational authority or responsibility of any head of a Federal + department or agency, with respect to intelligence or the + intelligence community, as those terms are defined in 50 U.S.C. + 3003; + (2) authorizing the Initiative, or anyone associated with its + derivative efforts to approve, interfere with, direct or to conduct + an intelligence activity, resource, or operation; or + (3) authorizing the Initiative, or anyone associated with its + derivative efforts to modify the classification of intelligence + information. + (e) Sunset.--The Initiative established in this division shall +terminate on the date that is 10 years after the date of enactment of +this Act. SEC. 5102. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE OFFICE. - (a) In General.--The Director of the Office of Science and Technology Policy shall establish or designate, and appoint a director of, an office to be known as the ``National Artificial Intelligence @@ -61452,40 +64922,30 @@ Initiative Office'' to carry out the responsibilities described in subsection (b) with respect to the Initiative. The Initiative Office shall have sufficient staff to carry out such responsibilities, including staff detailed from the Federal departments and agencies -described in section 5103(c). +described in section 5103(c), as appropriate. (b) Responsibilities.--The Director of the Initiative Office shall-- - (1) provide technical and administrative support to the - Interagency Committee and the Advisory Committee; - (2) serve as the point of contact on Federal artificial - intelligence activities carried out under the Initiative for - Federal departments and agencies, industry, academia, nonprofit - organizations, professional societies, State governments, and - such other persons as the Initiative Office considers - appropriate to exchange technical and programmatic information; - (3) conduct regular public outreach to diverse - stakeholders, including through the convening of conferences - and educational events, the publication of information about - significant Initiative activities on a publicly available - website, and the dissemination of findings and recommendations - of the Advisory Committee, as appropriate; and - (4) promote access to and early adoption of the - technologies, innovations, lessons learned, and expertise - derived from Initiative activities to agency missions and - systems across the Federal Government, and to industry, - including startup companies. + (1) provide technical and administrative support to the + Interagency Committee and the Advisory Committee; + (2) serve as the point of contact on Federal artificial + intelligence activities for Federal departments and agencies, + industry, academia, nonprofit organizations, professional + societies, State governments, and such other persons as the + Initiative Office considers appropriate to exchange technical and + programmatic information; + (3) conduct regular public outreach to diverse stakeholders, + including civil rights and disability rights organizations; and + (4) promote access to the technologies, innovations, best + practices, and expertise derived from Initiative activities to + agency missions and systems across the Federal Government. (c) Funding Estimate.--The Director of the Office of Science and -Technology Policy shall develop an estimate of the funds necessary to -carry out the activities of the Initiative Coordination Office, -including an estimate of how much each participating Federal department -and agency described in section 5103(c) will contribute to such funds, -and submit such estimate to Congress not later than 90 days after the -enactment of this Act. The Director shall update this estimate each -year based on participating agency investments in artificial -intelligence. - +Technology Policy, in coordination with each participating Federal +department and agency, as appropriate, shall develop and annually +update an estimate of the funds necessary to carry out the activities +of the Initiative Coordination Office and submit such estimate with an +agreed summary of contributions from each agency to Congress as part of +the President's annual budget request to Congress. SEC. 5103. COORDINATION BY INTERAGENCY COMMITTEE. - (a) Interagency Committee.--The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish or designate an Interagency @@ -61493,190 +64953,191 @@ Committee to coordinate Federal programs and activities in support of the Initiative. (b) Co-Chairs.--The Interagency Committee shall be co-chaired by the Director of the Office of Science and Technology Policy and, on an -annual rotating basis, a representative from the National Institute of -Standards and Technology, the National Science Foundation, or the -Department of Energy, as selected by the Director of the Office of -Science and Technology Policy. +annual rotating basis, a representative from the Department of +Commerce, the National Science Foundation, or the Department of Energy, +as selected by the Director of the Office of Science and Technology +Policy. (c) Agency Participation.--The Committee shall include -representatives from-- - (1) the National Institute of Standards and Technology; - (2) the National Science Foundation; - (3) the Department of Energy; - (4) the National Aeronautics and Space Administration; - (5) the Department of Defense; - (6) the Defense Advanced Research Projects Agency; - (7) the Department of Commerce; - (8) the Office of the Director of National Intelligence; - (9) the Office of Management and Budget; - (10) the Office of Science and Technology Policy; - (11) the Department of Health and Human Services; - (12) the Department of Education; - (13) the Department of Labor; - (14) the Department of the Treasury; - (15) the General Services Administration; - (16) the Department of Transportation; - (17) the Department of State; - (18) the Privacy and Civil Liberties Oversight Board; - (19) the Department of Veterans Affairs; - (20) the National Oceanic and Atmospheric Administration; - and - (21) any other Federal agency as considered appropriate by - the Director of the Office of Science and Technology Policy. +representatives from Federal agencies as considered appropriate by +determination and agreement of the Director of the Office of Science +and Technology Policy and the head of the affected agency. (d) Responsibilities.--The Interagency Committee shall-- - (1) provide for interagency coordination of Federal - artificial intelligence research, development, and - demonstration activities, development of voluntary consensus - standards and guidelines for research, development, testing, - and adoption of ethically developed, safe, and trustworthy - artificial intelligence systems, and education and training - activities and programs of Federal departments and agencies - undertaken pursuant to the Initiative; - (2) not later than 2 years after the date of the enactment - of this Act, develop a strategic plan for artificial - intelligence (to be updated not less than every 3 years) that-- - (A) establishes goals, priorities, and metrics for - guiding and evaluating the Initiative's activities; and - (B) describes how the agencies carrying out the - Initiative will-- - (i) determine and prioritize areas of - artificial intelligence research, development, - and demonstration requiring Federal Government - leadership and investment; - (ii) support long-term funding for - interdisciplinary artificial intelligence - research, development, demonstration, education - and public outreach activities; - (iii) support research and other activities - on ethical, legal, environmental, safety, - security, and other appropriate societal issues - related to artificial intelligence; - (iv) provide or facilitate the availability - of curated, standardized, secure, - representative, and privacy-protected data sets - for artificial intelligence research and - development; - (v) provide or facilitate the necessary - computing, networking, and data facilities for - artificial intelligence research and - development; - (vi) support and coordinate Federal - education and workforce activities related to - artificial intelligence; - (vii) reduce barriers to transferring - artificial intelligence systems from the - laboratory into application for the benefit of - society and United States competitiveness; - (viii) support and coordinate the network - of artificial intelligence research institutes - described in section 5201(b)(7)(B); - (ix) in consultation with the Council of - Economic Advisers, measure and track the - contributions of artificial intelligence to - United States economic growth and other - societal indicators; - (x) leverage the resources of the - Initiative to respond to pressing national - challenges, including economic and public - health emergencies such as pandemics; and - (xi) protect the privacy rights and civil - liberties of individuals; - (3) propose an annually coordinated interagency budget for - the Initiative to the Office of Management and Budget that is - intended to ensure that the balance of funding across the - Initiative is sufficient to meet the goals and priorities - established for the Initiative; and - (4) in carrying out this section, take into consideration - the recommendations of the Advisory Committee, existing reports - on related topics, and the views of academic, State, industry, - and other appropriate groups. + (1) provide for interagency coordination of Federal artificial + intelligence research, development, and demonstration activities + and education and workforce training activities and programs of + Federal departments and agencies undertaken pursuant to the + Initiative; + (2) not later than 2 years after the date of the enactment of + this Act, develop a strategic plan for artificial intelligence (to + be updated not less than every 3 years) that establishes goals, + priorities, and metrics for guiding and evaluating how the agencies + carrying out the Initiative will-- + (A) determine and prioritize areas of artificial + intelligence research, development, and demonstration requiring + Federal Government leadership and investment; + (B) support long-term funding for interdisciplinary + artificial intelligence research, development, demonstration, + and education; + (C) support research and other activities on ethical, + legal, environmental, safety, security, bias, and other + appropriate societal issues related to artificial intelligence; + (D) provide or facilitate the availability of curated, + standardized, secure, representative, aggregate, and privacy- + protected data sets for artificial intelligence research and + development; + (E) provide or facilitate the necessary computing, + networking, and data facilities for artificial intelligence + research and development; + (F) support and coordinate Federal education and workforce + training activities related to artificial intelligence; and + (G) support and coordinate the network of artificial + intelligence research institutes described in section + 5201(b)(7)(B); + (3) as part of the President's annual budget request to + Congress, propose an annually coordinated interagency budget for + the Initiative to the Office of Management and Budget that is + intended to ensure that the balance of funding across the + Initiative is sufficient to meet the goals and priorities + established for the Initiative; and + (4) in carrying out this section, take into consideration the + recommendations of the Advisory Committee, existing reports on + related topics, and the views of academic, State, industry, and + other appropriate groups. (e) Annual Report.--For each fiscal year beginning with fiscal year 2022, not later than 90 days after submission of the President's annual budget request for such fiscal year, the Interagency Committee shall -prepare and submit to the Committee on Science, Space, and Technology -of the House of Representatives and the Committee on Commerce, Science, -and Transportation of the Senate a report that includes-- - (1) a summarized budget in support of the Initiative for - such fiscal year and the preceding fiscal year, including a - disaggregation of spending for each Federal agency - participating in the Initiative and for the development and - acquisition of any research facilities and instrumentation; and - (2) an assessment of how Federal agencies are implementing - the plan described in subsection (d)(2), and a description of - those efforts. - +prepare and submit to the Committee on Science, Space, and Technology, +the Committee on Energy and Commerce, the Committee on Transportation +and Infrastructure, the Committee on Armed Services, the House +Permanent Select Committee on Intelligence, the Committee on the +Judiciary, and the Committee on Appropriations of the House of +Representatives and the Committee on Commerce, Science, and +Transportation, the Committee on Health, Education, Labor, and +Pensions, the Committee on Energy and Natural Resources, the Committee +on Homeland Security and Governmental Affairs, the Committee on Armed +Services, the Senate Select Committee on Intelligence, the Committee on +the Judiciary, and the Committee on Appropriations of the Senate a +report that includes a summarized budget in support of the Initiative +for such fiscal year and the preceding fiscal year, including a +disaggregation of spending and a description of any Institutes +established under section 5201 for the Department of Commerce, the +Department of Defense, the Department of Energy, the Department of +Agriculture, the Department of Health and Human Services, and the +National Science Foundation. SEC. 5104. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY COMMITTEE. - - (a) In General.--The Secretary of Energy shall, in consultation -with the Director of the Office of Science and Technology Policy, + (a) In General.--The Secretary of Commerce shall, in consultation +with the Director of the Office of Science and Technology Policy, the +Secretary of Defense, the Secretary of Energy, the Secretary of State, +the Attorney General, and the Director of National Intelligence establish an advisory committee to be known as the ``National Artificial Intelligence Advisory Committee''. (b) Qualifications.--The Advisory Committee shall consist of -members, appointed by the Secretary of Energy, who are representing +members, appointed by the Secretary of Commerce, who are representing broad and interdisciplinary expertise and perspectives, including from academic institutions, companies across diverse sectors, nonprofit and -civil society entities, and Federal laboratories, that are qualified to -provide advice and information on science and technology research, -development, ethics, standards, education, technology transfer, -commercial application, security, and economic competitiveness related -to artificial intelligence. +civil society entities, including civil rights and disability rights +organizations, and Federal laboratories, who are representing +geographic diversity, and who are qualified to provide advice and +information on science and technology research, development, ethics, +standards, education, technology transfer, commercial application, +security, and economic competitiveness related to artificial +intelligence. (c) Membership Consideration.--In selecting the members of the -Advisory Committee, the Secretary of Energy may seek and give -consideration to recommendations from the Congress, industry, nonprofit -organizations, the scientific community (including the National Academy -of Sciences, scientific professional societies, and academic -institutions), the defense community, and other appropriate -organizations. +Advisory Committee, the Secretary of Commerce shall seek and give +consideration to recommendations from Congress, industry, nonprofit +organizations, the scientific community (including the National +Academies of Sciences, Engineering, and Medicine, scientific +professional societies, and academic institutions), the defense and law +enforcement communities, and other appropriate organizations. (d) Duties.--The Advisory Committee shall advise the President and the Initiative Office on matters related to the Initiative, including recommendations related to-- - (1) the current state of United States competitiveness and - leadership in artificial intelligence, including the scope and - scale of United States investments in artificial intelligence - research and development in the international context; - (2) the progress made in implementing the Initiative, - including a review of the degree to which the Initiative has - achieved the goals under the metrics established by the - Interagency Committee under section 5103(d)(2); - (3) the state of the science around artificial - intelligence, including progress towards artificial general - intelligence; - (4) the workforce of the United States, including matters - relating to the potential for using artificial intelligence for - rapid retraining of workers, due to the possible effect of - technological displacement and to increase the labor force - participation of traditionally underrepresented populations, - including minorities, low-income populations, and persons with - disabilities; - (5) how to leverage the resources of the initiative to - streamline operations in various areas of government - operations, including health care, cybersecurity, - infrastructure, and disaster recovery; - (6) the need to update the Initiative; - (7) the balance of activities and funding across the - Initiative; - (8) whether the strategic plan developed or updated by the - Interagency Committee established under section 5103(d)(2) is - helping to maintain United States leadership in artificial - intelligence; - (9) the management, coordination, and activities of the - Initiative; - (10) whether ethical, legal, safety, security, and other - appropriate societal issues are adequately addressed by the - Initiative; - (11) opportunities for international cooperation with - strategic allies on artificial intelligence research activities - and standards development; and - (12) how artificial intelligence can enhance opportunities - for diverse geographic regions of the United States, including - urban and rural communities. - (e) Reports.--Not later than 1 year after the date of the enactment + (1) the current state of United States competitiveness and + leadership in artificial intelligence, including the scope and + scale of United States investments in artificial intelligence + research and development in the international context; + (2) the progress made in implementing the Initiative, including + a review of the degree to which the Initiative has achieved the + goals according to the metrics established by the Interagency + Committee under section 5103(d)(2); + (3) the state of the science around artificial intelligence, + including progress toward artificial general intelligence; + (4) issues related to artificial intelligence and the United + States workforce, including matters relating to the potential for + using artificial intelligence for workforce training, the possible + consequences of technological displacement, and supporting + workforce training opportunities for occupations that lead to + economic self-sufficiency for individuals with barriers to + employment and historically underrepresented populations, including + minorities, Indians (as defined in 25 U.S.C. 5304), low-income + populations, and persons with disabilities. + (5) how to leverage the resources of the initiative to + streamline and enhance operations in various areas of government + operations, including health care, cybersecurity, infrastructure, + and disaster recovery; + (6) the need to update the Initiative; + (7) the balance of activities and funding across the + Initiative; + (8) whether the strategic plan developed or updated by the + Interagency Committee established under section 5103(d)(2) is + helping to maintain United States leadership in artificial + intelligence; + (9) the management, coordination, and activities of the + Initiative; + (10) whether ethical, legal, safety, security, and other + appropriate societal issues are adequately addressed by the + Initiative; + (11) opportunities for international cooperation with strategic + allies on artificial intelligence research activities, standards + development, and the compatibility of international regulations; + (12) accountability and legal rights, including matters + relating to oversight of artificial intelligence systems using + regulatory and nonregulatory approaches, the responsibility for any + violations of existing laws by an artificial intelligence system, + and ways to balance advancing innovation while protecting + individual rights; and + (13) how artificial intelligence can enhance opportunities for + diverse geographic regions of the United States, including urban, + Tribal, and rural communities. + (e) Subcommittee on Artificial Intelligence and Law Enforcement.-- + (1) Establishment.--The chairperson of the Advisory Committee + shall establish a subcommittee on matters relating to the + development of artificial intelligence relating to law enforcement + matters. + (2) Advice.--The subcommittee shall provide advice to the + President on matters relating to the development of artificial + intelligence relating to law enforcement, including advice on the + following: + (A) Bias, including whether the use of facial recognition + by government authorities, including law enforcement agencies, + is taking into account ethical considerations and addressing + whether such use should be subject to additional oversight, + controls, and limitations. + (B) Security of data, including law enforcement's access to + data and the security parameters for that data. + (C) Adoptability, including methods to allow the United + States Government and industry to take advantage of artificial + intelligence systems for security or law enforcement purposes + while at the same time ensuring the potential abuse of such + technologies is sufficiently mitigated. + (D) Legal standards, including those designed to ensure the + use of artificial intelligence systems are consistent with the + privacy rights, civil rights and civil liberties, and + disability rights issues raised by the use of these + technologies. + (f) Reports.--Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every 3 years thereafter, the Advisory Committee shall submit to the President, the -Committee on Science, Space, and Technology of the House of -Representatives, and the Committee on Commerce, Science, and -Transportation of the Senate, a report on the Advisory Committee's -findings and recommendations under subsection (d). - (f) Travel Expenses of Non-Federal Members.--Non-Federal members of +Committee on Science, Space, and Technology, the Committee on Energy +and Commerce, the House Permanent Select Committee on Intelligence, the +Committee on the Judiciary, and the Committee on Armed Services of the +House of Representatives, and the Committee on Commerce, Science, and +Transportation, the Senate Select Committee on Intelligence, the +Committee on Homeland Security and Governmental Affairs, the Committee +on the Judiciary, and the Committee on Armed Services of the Senate, a +report on the Advisory Committee's findings and recommendations under +subsection (d) and subsection (e). + (g) 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, @@ -61687,14 +65148,12 @@ 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. - (g) FACA Exemption.--The Secretary of Energy shall charter the + (h) Faca Exemption.--The Secretary of Commerce shall charter the Advisory Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that the Advisory Committee shall be exempt from section 14 of such Act. - SEC. 5105. NATIONAL ACADEMIES ARTIFICIAL INTELLIGENCE IMPACT STUDY ON - WORKFORCE. - +WORKFORCE. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the National Science Foundation shall enter into a contract with the National Research Council of the National Academies @@ -61702,22 +65161,15 @@ of Sciences, Engineering, and Medicine to conduct a study of the current and future impact of artificial intelligence on the workforce of the United States across sectors. (b) Contents.--The study shall address-- - (1) workforce impacts across sectors caused by the - increased adoption of artificial intelligence, automation, and - other related trends; - (2) workforce needs and employment opportunities generated - by the increased adoption of artificial intelligence across - sectors; - (3) opportunities for artificial intelligence to increase - the labor force participation of traditionally underrepresented - populations, including minorities, low-income populations, and - persons with disabilities; - (4) research gaps and data needed to better understand and - track both workforce impacts and workforce needs and - opportunities generated by adoption of artificial intelligence - systems across sectors; and - (5) recommendations to address the challenges and - opportunities described in paragraphs (1), (2), (3), and (4). + (1) workforce impacts across sectors caused by the increased + adoption of artificial intelligence, automation, and other related + trends; + (2) workforce needs and employment opportunities generated by + the increased adoption of artificial intelligence across sectors; + (3) research gaps and data needed to better understand and + track paragraphs (1) and (2); and + (4) recommendations to address the challenges and opportunities + described in paragraphs (1), (2), and (3). (c) Stakeholders.--In conducting the study, the National Academies of Sciences, Engineering, and Medicine shall seek input from a wide range of stakeholders in the public and private sectors. @@ -61725,972 +65177,746 @@ range of stakeholders in the public and private sectors. (a) shall require the National Academies of Sciences, Engineering, and Medicine, not later than 2 years after the date of the enactment of this Act, to-- - (1) submit to the Committee on Science, Space, and - Technology of the House of Representatives and the Committee on - Commerce, Science, and Transportation of the Senate a report - containing the findings and recommendations of the study - conducted under subsection (a); and - (2) make a copy of such report available on a publicly - accessible website. - -SEC. 5106. GAO REPORT ON COMPUTATIONAL NEEDS. - - (a) In General.--Not later than 1 year after the date of the -enactment of this Act, the Comptroller General of the United States -shall conduct a study of artificial intelligence computer hardware and -computing required in order to maintain United States leadership in -artificial intelligence research and development. The Comptroller -General shall-- - (1) assess the composition of civilian computing resources - supported by the Federal Government at universities and Federal - Laboratories, including programs with laboratory computing, - high performance computing, cloud computing, quantum computing, - edge computing, and other computing resources; - (2) evaluate projected needs for computing consumption and - performance required by the public and private sector for the - training, auditing, validation, testing, and use of artificial - intelligence over the next 5 years; and - (3) offer recommendations to meet these projected needs. - -SEC. 5107. NATIONAL AI RESEARCH RESOURCE TASK FORCE. - + (1) submit to the Committee on Science, Space, and Technology + and the Committee on Education and Labor of the House of + Representatives and the Committee on Commerce, Science, and + Transportation and the Committee on Health, Education, Pension, and + Labor of the Senate a report containing the findings and + recommendations of the study conducted under subsection (a); and + (2) make a copy of such report available on a publicly + accessible website. +SEC. 5106. NATIONAL AI RESEARCH RESOURCE TASK FORCE. (a) Establishment of Task Force.-- - (1) Establishment.-- - (A) In general.--The Director of the National - Science Foundation, in coordination with the Office of - Science and Technology Policy, shall establish a task - force-- - (i) to investigate the feasibility and - advisability of establishing and sustaining a - national artificial intelligence research - resource; and - (ii) to propose a roadmap detailing how - such resource should be established and - sustained. - (B) Designation.--The task force established by - subparagraph (A) shall be known as the ``National - Artificial Intelligence Research Resource Task Force'' - (in this section referred to as the ``Task Force''). - (2) Membership.-- - (A) Composition.--The Task Force shall be composed - of 12 members selected by the co-chairpersons of the - Task Force from among technical experts in artificial - intelligence or related subjects, of whom-- - (i) 4 shall be representatives from the - Interagency Committee established in section - 5103, including the co-chairpersons of the Task - Force; - (ii) 4 shall be representatives from - institutions of higher education (as such term - is defined in section 101 of the Higher - Education Act of 1965 (20 U.S.C. 1001)); and - (iii) 4 shall be representatives from - private organizations. - (B) Appointment.--Not later than 120 days after - enactment of this Act, the co-chairpersons of the Task - Force shall appoint members to the Task Force pursuant - to subparagraph (A). - (C) Term of appointment.--Members of the Task Force - shall be appointed for the life of the Task Force. - (D) Vacancy.--Any vacancy occurring in the - membership of the Task Force shall be filled in the - same manner in which the original appointment was made. - (E) Co-chairpersons.--The Director of the Office of - Science and Technology Policy and the Director of the - National Sciences Foundation, or their designees, shall - be the co-chairpersons of the Task Force. If the role - of the Director of the National Science Foundation is - vacant, the Chair of the National Science Board shall - act as a co-chairperson of the Task Force. - (F) Expenses for non-federal members.--Non-Federal - Members of the Task Force shall be allowed travel - expenses, including per diem in lieu of subsistence, at - rates authorized for employees 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 Task Force. + (1) Establishment.-- + (A) In general.--The Director of the National Science + Foundation, in coordination with the Office of Science and + Technology Policy, shall establish a task force-- + (i) to investigate the feasibility and advisability of + establishing and sustaining a National Artificial + Intelligence Research Resource; and + (ii) to propose a roadmap detailing how such resource + should be established and sustained. + (B) Designation.--The task force established by + subparagraph (A) shall be known as the ``National Artificial + Intelligence Research Resource Task Force'' (in this section + referred to as the ``Task Force''). + (2) Membership.-- + (A) Composition.--The Task Force shall be composed of 12 + members selected by the co-chairpersons of the Task Force from + among technical experts in artificial intelligence or related + subjects, of whom-- + (i) 4 shall be representatives from the Interagency + Committee established in section 5103, including the co- + chairpersons of the Task Force; + (ii) 4 shall be representatives from institutions of + higher education; and + (iii) 4 shall be representatives from private + organizations. + (B) Appointment.--Not later than 120 days after enactment + of this Act, the co-chairpersons of the Task Force shall + appoint members to the Task Force pursuant to subparagraph (A). + (C) Term of appointment.--Members of the Task Force shall + be appointed for the life of the Task Force. + (D) Vacancy.--Any vacancy occurring in the membership of + the Task Force shall be filled in the same manner in which the + original appointment was made. + (E) Co-chairpersons.--The Director of the Office of Science + and Technology Policy and the Director of the National Sciences + Foundation, or their designees, shall be the co-chairpersons of + the Task Force. If the role of the Director of the National + Science Foundation is vacant, the Chair of the National Science + Board shall act as a co-chairperson of the Task Force. + (F) Expenses for non-federal members.-- + (i) Except as provided in clause (ii), non-Federal + Members of the Task Force shall not receive compensation + for their participation on the Task Force. + (ii) Non-Federal Members of the Task Force shall be + allowed travel expenses, including per diem in lieu of + subsistence, at rates authorized for employees 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 Task Force. (b) Roadmap and Implementation Plan.-- - (1) In general.--The Task Force shall develop a coordinated - roadmap and implementation plan for creating and sustaining a - National Artificial Intelligence Research Resource. - (2) Contents.--The roadmap and plan required by paragraph - (1) shall include the following: - (A) Goals for establishment and sustainment of a - national artificial intelligence research resource and - metrics for success. - (B) A plan for ownership and administration of the - National Artificial Intelligence Research Resource, - including-- - (i) an appropriate agency or organization - responsible for the implementation, deployment, - and administration of the Resource; and - (ii) a governance structure for the - resource, including oversight and decision- - making authorities. - (C) A model for governance and oversight to - establish strategic direction, make programmatic - decisions, and manage the allocation of resources. - (D) Capabilities required to create and maintain a - shared computing infrastructure to facilitate access to - computing resources for researchers across the country, - including scalability, secured access control, resident - data engineering and curation expertise, provision of - curated, data sets, compute resources, educational - tools and services, and a user interface portal. - (E) An assessment of, and recommend solutions to, - barriers to the dissemination and use of high-quality - government data sets as part of the national artificial - intelligence research resource. - (F) An assessment of security requirements - associated with the national artificial intelligence - research resource and its research and recommend a - framework for the management of access controls. - (G) An assessment of privacy and civil liberties - requirements associated with the national artificial - intelligence research resource and its research. - (H) A plan for sustaining the resources, including - through Federal funding and partnerships with the - private sector. - (I) The parameters for the establishment and - sustainment of the national artificial intelligence - resource, including agency roles and responsibilities - and milestones to implement the resource. + (1) In general.--The Task Force shall develop a coordinated + roadmap and implementation plan for creating and sustaining a + National Artificial Intelligence Research Resource. + (2) Contents.--The roadmap and plan required by paragraph (1) + shall include the following: + (A) Goals for establishment and sustainment of a National + Artificial Intelligence Research Resource and metrics for + success. + (B) A plan for ownership and administration of the National + Artificial Intelligence Research Resource, including-- + (i) an appropriate agency or organization responsible + for the implementation, deployment, and administration of + the Resource; and + (ii) a governance structure for the Resource, including + oversight and decision-making authorities. + (C) A model for governance and oversight to establish + strategic direction, make programmatic decisions, and manage + the allocation of resources; + (D) Capabilities required to create and maintain a shared + computing infrastructure to facilitate access to computing + resources for researchers across the country, including + scalability, secured access control, resident data engineering + and curation expertise, provision of curated data sets, compute + resources, educational tools and services, and a user interface + portal. + (E) An assessment of, and recommended solutions to, + barriers to the dissemination and use of high-quality + government data sets as part of the National Artificial + Intelligence Research Resource. + (F) An assessment of security requirements associated with + the National Artificial Intelligence Research Resource and its + research and a recommendation for a framework for the + management of access controls. + (G) An assessment of privacy and civil rights and civil + liberties requirements associated with the National Artificial + Intelligence Research Resource and its research. + (H) A plan for sustaining the Resource, including through + Federal funding and partnerships with the private sector. + (I) Parameters for the establishment and sustainment of the + National Artificial Intelligence Research Resource, including + agency roles and responsibilities and milestones to implement + the Resource. (c) Consultations.--In conducting its duties required under subsection (b), the Task Force shall consult with the following: - (1) The National Science Foundation. - (2) The Office of Science and Technology Policy. - (3) The National Academies of Sciences, Engineering, and - Medicine. - (4) The National Institute of Standards and Technology. - (5) The Defense Advanced Research Projects Agency. - (6) The Intelligence Advanced Research Projects Activity. - (7) The Department of Energy. - (8) The Department of Defense. - (9) The General Services Administration. - (10) Private industry. - (11) Institutions of higher education. - (12) Such other persons as the Task Force considers - appropriate. + (1) The National Science Foundation. + (2) The Office of Science and Technology Policy. + (3) The National Academies of Sciences, Engineering, and + Medicine. + (4) The National Institute of Standards and Technology. + (5) The Director of National Intelligence. + (6) The Department of Energy. + (7) The Department of Defense. + (8) The General Services Administration. + (9) The Department of Justice. + (10) The Department of Homeland Security. + (11) The Department of Health and Human Services. + (12) Private industry. + (13) Institutions of higher education. + (14) Civil and disabilities rights organizations. + (15) Such other persons as the Task Force considers + appropriate. (d) Staff.--Staff of the Task Force shall comprise detailees with expertise in artificial intelligence, or related fields from the Office of Science and Technology Policy, the National Science Foundation, or any other agency the co-chairs deem appropriate, with the consent of -the head of the agency. The co-chairs shall also be authorized to hire -staff from outside the Federal government for the duration of the task -force. +the head of the agency. (e) Task Force Reports.-- - (1) Initial report.--Not later than 12 months after the - date on which all of the appointments have been made under - subsection (a)(2)(B), the Task Force shall submit to Congress - and the President an interim report containing the findings, - conclusions, and recommendations of the Task Force. The report - shall include specific recommendations regarding steps the Task - Force believes necessary for the establishment and sustainment - of a national artificial intelligence research resource. - (2) Final report.--Taking into account the findings of the - Government Accountability Office report required in section 106 - of this Act, not later than 6 months after the submittal of the - interim report under paragraph (1), the Task Force shall submit - to Congress and the President a final report containing the - findings, conclusions, and recommendations of the Task Force, - including the specific recommendations required by subsection - (b). + (1) Initial report.--Not later than 12 months after the date on + which all of the appointments have been made under subsection + (a)(2)(B), the Task Force shall submit to Congress and the + President an interim report containing the findings, conclusions, + and recommendations of the Task Force. The report shall include + specific recommendations regarding steps the Task Force believes + necessary for the establishment and sustainment of a National + Artificial Intelligence Research Resource. + (2) Final report.--Not later than 6 months after the submittal + of the interim report under paragraph (1), the Task Force shall + submit to Congress and the President a final report containing the + findings, conclusions, and recommendations of the Task Force, + including the specific recommendations required by subsection (b). (f) Termination.-- - (1) In general.--The Task Force shall terminate 90 days - after the date on which it submits the final report under - subsection (e)(2). - (2) Records.--Upon termination of the Task Force, all of - its records shall become the records of the National Archives - and Records Administration. + (1) In general.--The Task Force shall terminate 90 days after + the date on which it submits the final report under subsection + (e)(2). + (2) Records.--Upon termination of the Task Force, all of its + records shall become the records of the National Archives and + Records Administration. (g) Definitions.--In this section: - (1) National artificial intelligence research resource and - resource.--The terms ``National Artificial Intelligence - Research Resource'' and ``Resource'' mean a system that - provides researchers and students across scientific fields and - disciplines with access to compute resources, co-located with - publicly-available, artificial intelligence-ready government - and non-government data sets and a research environment with - appropriate educational tools and user support. - (2) Ownership.--The term ``ownership'' means responsibility - and accountability for the implementation, deployment, and - ongoing development of the National Artificial Intelligence - Research Resource, and for providing staff support to that - effort. - -SEC. 5108. SENSE OF CONGRESS. - - It is the sense of Congress that-- - (1) artificial intelligence systems have the potential to - transform every sector of the United States economy, boosting - productivity, enhancing scientific research, and increasing - U.S. competitiveness; and - (2) the United States Government should use this Initiative - to enable the benefits of trustworthy artificial intelligence - while preventing the creation and use of artificial - intelligence systems that behave in ways that cause harm, - including-- - (A) high-risk systems that lack sufficient - robustness to prevent adversarial attacks; - (B) high-risk systems that harm the privacy or - security of users or the general public; - (C) artificial general intelligence systems that - may become self-aware or uncontrollable; and - (D) artificial intelligence systems that may - perpetuate societal biases against protected classes of - persons, including on the basis of sex, race, age, - disability, color, creed, national origin, or religion, - or otherwise automate discriminatory decision-making. - -SEC. 5109. RULE OF CONSTRUCTION REGARDING ETHICAL ARTIFICIAL - INTELLIGENCE. - - For purposes of this division, the term ``ethical'' (when used in -the context of artificial intelligence) shall be deemed to include -efforts to minimize or eliminate discriminatory algorithmic bias, -particularly as it pertains to protected classes of persons, including -on the basis of sex, race, age, disability, color, creed, national -origin, or religion. - - TITLE II--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES + (1) National artificial intelligence research resource and + resource.--The terms ``National Artificial Intelligence Research + Resource'' and ``Resource'' mean a system that provides researchers + and students across scientific fields and disciplines with access + to compute resources, co-located with publicly-available, + artificial intelligence-ready government and non-government data + sets and a research environment with appropriate educational tools + and user support. + (2) Ownership.--The term ``ownership'' means responsibility and + accountability for the implementation, deployment, and ongoing + development of the National Artificial Intelligence Research + Resource, and for providing staff support to that effort. + + TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES +Sec. 5201. National Artificial Intelligence Research Institutes. SEC. 5201. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES. - - (a) In General.--As part of the Initiative, the Director of the -National Science Foundation shall establish a program to award -financial assistance for the planning, establishment, and support of -Institutes (as described in subsection (b)(2)) in accordance with this -section. + (a) In General.--Subject to the availability of funds appropriated +for this purpose, the Director of the National Science Foundation shall +establish a program to award financial assistance for the planning, +establishment, and support of a network of Institutes (as described in +subsection (b)(2)) in accordance with this section. (b) Financial Assistance To Establish and Support National Artificial Intelligence Research Institutes.-- - (1) In general.--Under the Initiative, the Secretary of - Energy, the Secretary of Commerce, the Director of the National - Science Foundation, and every other agency head may award - financial assistance to an eligible entity, or consortia - thereof, as determined by an agency head, to establish and - support an Institute. - (2) Artificial intelligence institutes.--An Institute - described in this subsection is an artificial intelligence - research institute that-- - (A) is focused on-- - (i) a particular economic or social sector, - including health, education, manufacturing, - agriculture, security, energy, and environment, - and includes a component that addresses the - ethical, societal, safety, and security - implications relevant to the application of - artificial intelligence in that sector; or - (ii) a cross-cutting challenge for - artificial intelligence systems, including - trustworthiness, or foundational science; - (B) requires partnership among public and private - organizations, including, as appropriate, Federal - agencies, research universities, community colleges, - nonprofit research organizations, Federal laboratories, - State, local, and tribal governments, and industry (or - consortia thereof); - (C) has the potential to create an innovation - ecosystem, or enhance existing ecosystems, to translate - Institute research into applications and products, as - appropriate to the topic of each Institute; - (D) supports interdisciplinary research and - development across multiple institutions and - organizations involved in artificial intelligence - research and related disciplines, including physics, - engineering, mathematical sciences, computer and - information science, robotics, biological and cognitive - sciences, material science, social and behavioral - sciences, cybersecurity, and technology ethics; - (E) supports interdisciplinary education - activities, including curriculum development, research - experiences, and faculty professional development - across two-year, undergraduates, masters, and doctoral - level programs; and - (F) supports workforce development in artificial - intelligence related disciplines in the United States, - including broadening participation of underrepresented - communities. - (3) Use of funds.--Financial assistance awarded under - paragraph (1) may be used by an Institute for-- - (A) managing and making available to researchers - accessible, curated, standardized, secure, and privacy - protected data sets from the public and private sectors - for the purposes of training and testing artificial - intelligence systems and for research using artificial - intelligence systems, pursuant to section 5301(b) and - 5301(c); - (B) developing and managing testbeds for artificial - intelligence systems, including sector-specific test - beds, designed to enable users to evaluate artificial - intelligence systems prior to deployment; - (C) conducting research and education activities - involving artificial intelligence systems to solve - challenges with social, economic, health, scientific, - and national security implications; - (D) providing or brokering access to computing - resources, networking, and data facilities for - artificial intelligence research and development - relevant to the Institute's research goals; - (E) providing technical assistance to users, - including software engineering support, for artificial - intelligence research and development relevant to the - Institute's research goals; - (F) engaging in outreach and engagement to broaden - participation in artificial intelligence research and - workforce; and - (G) such other activities that an agency head, - whose agency's missions contribute to or are affected - by artificial intelligence, considers consistent with - the purposes described in section 5101(a). - (4) Duration.-- - (A) Initial periods.--An award of financial - assistance under paragraph (1) shall be awarded for an - initial period of 5 years. - (B) Extension.--An established Institute may apply - for, and the agency head may grant, extended funding - for periods of 5 years on a merit-reviewed basis using - the merit review criteria of the sponsoring agency. - (5) Application for financial assistance.-- - (A) In general.--A person or group of persons - seeking financial assistance under paragraph (1) shall - submit to an agency head an application at such time, - in such manner, and containing such information as the - agency head may require. - (B) Requirements.--An application submitted under - subparagraph (A) for an Institute shall, at a minimum, - include the following: - (i) A plan for the Institute to include-- - (I) the proposed goals and - activities of the Institute; - (II) how the Institute will form - partnerships with other research - institutions, industry, and nonprofits - to leverage expertise in artificial - intelligence and access to data, - including non-governmental data and - computing resources; - (III) how the institute will - support long-term and short-term - education and workforce development in - artificial intelligence, including - broadening participation of - underrepresented communities; and - (IV) a plan for how the Institute - will transition from planning into - operations. - (ii) A description of the anticipated - sources and nature of any non-Federal - contributions, including privately held data - sets, computing resources, and other types of - in-kind support. - (iii) A description of the anticipated - long-term impact of such Institute. - (6) Competitive, merit review.--In awarding financial - assistance under paragraph (1), the agency head shall-- - (A) use a competitive, merit review process that - includes peer review by a diverse group of individuals - with relevant expertise from both the private and - public sectors; and - (B) ensure the focus areas of the Institute do not - substantially duplicate the efforts of any other - Institute. - (7) Collaboration.-- - (A) In general.--In awarding financial assistance - under paragraph (1), an agency head may collaborate - with Federal departments and agencies whose missions - contribute to or are affected by artificial - intelligence systems, including the agencies outlined - in section 5103(c). - (B) Coordinating network.--The Director of the - National Science Foundation shall establish a network - of Institutes receiving financial assistance under this - subsection, to be known as the ``Artificial - Intelligence Leadership Network'', to coordinate cross- - cutting research and other activities carried out by - the Institutes. - (C) Funding.--The head of an agency may request, - accept, and provide funds from other Federal - departments and agencies, State, United States - territory, local, or tribal government agencies, - private sector for-profit entities, and nonprofit - entities, to be available to the extent provided by - appropriations Acts, to support an Institute's - activities. The head of an agency may not give any - special consideration to any agency or entity in return - for a donation. - - TITLE III--DEPARTMENT OF COMMERCE - + (1) In general.--Subject to the availability of funds + appropriated for this purpose, the Secretary of Energy, the + Secretary of Commerce, the Director of the National Science + Foundation, and every other agency head may award financial + assistance to an eligible entity, or consortia thereof, as + determined by an agency head, to establish and support an + Institute. + (2) Artificial intelligence institutes.--An Institute described + in this subsection is an artificial intelligence research institute + that-- + (A) is focused on-- + (i) a particular economic or social sector, including + health, education, manufacturing, agriculture, security, + energy, and environment, and includes a component that + addresses the ethical, societal, safety, and security + implications relevant to the application of artificial + intelligence in that sector; or + (ii) a cross-cutting challenge for artificial + intelligence systems, including trustworthiness, or + foundational science; + (B) requires partnership among public and private + organizations, including, as appropriate, Federal agencies, + institutions of higher education, including community colleges, + nonprofit research organizations, Federal laboratories, State, + local, and Tribal governments, industry, including startup + companies, and civil society organizations, including civil + rights and disability rights organizations (or consortia + thereof); + (C) has the potential to create an innovation ecosystem, or + enhance existing ecosystems, to translate Institute research + into applications and products, as appropriate to the topic of + each Institute; + (D) supports interdisciplinary research and development + across multiple institutions of higher education and + organizations; + (E) supports interdisciplinary education activities, + including curriculum development, research experiences, and + faculty professional development across undergraduate, + graduate, and professional academic programs; and + (F) supports workforce development in artificial + intelligence related disciplines in the United States, + including increasing participation of historically + underrepresented communities. + (3) Use of funds.--Financial assistance awarded under paragraph + (1) may be used by an Institute for-- + (A) managing and making available to researchers + accessible, curated, standardized, secure, and privacy + protected data sets from the public and private sectors for the + purposes of training and testing artificial intelligence + systems and for research using artificial intelligence systems, + pursuant to subsections (c), (e), and (f) of section 22A the + National Institute of Standards and Technology Act (as added by + section 5301 of this division); + (B) developing and managing testbeds for artificial + intelligence systems, including sector-specific test beds, + designed to enable users to evaluate artificial intelligence + systems prior to deployment; + (C) conducting research and education activities involving + artificial intelligence systems to solve challenges with + social, economic, health, scientific, and national security + implications; + (D) providing or brokering access to computing resources, + networking, and data facilities for artificial intelligence + research and development relevant to the Institute's research + goals; + (E) providing technical assistance to users, including + software engineering support, for artificial intelligence + research and development relevant to the Institute's research + goals; + (F) engaging in outreach and engagement to broaden + participation in artificial intelligence research and the + artificial intelligence workforce; and + (G) such other activities that an agency head, whose + agency's missions contribute to or are affected by artificial + intelligence, considers consistent with the purposes described + in section 5101(a). + (4) Duration.-- + (A) Initial periods.--An award of financial assistance + under paragraph (1) shall be awarded for an initial period of 5 + years. + (B) Extension.--An established Institute may apply for, and + the agency head may grant, extended funding for periods of 5 + years on a merit-reviewed basis using the merit review criteria + of the sponsoring agency. + (5) Application for financial assistance.--A person seeking + financial assistance under paragraph (1) shall submit to an agency + head an application at such time, in such manner, and containing + such information as the agency head may require. + (6) Competitive, merit review.--In awarding financial + assistance under paragraph (1), the agency head shall-- + (A) use a competitive, merit review process that includes + peer review by a diverse group of individuals with relevant + expertise from both the private and public sectors; and + (B) ensure the focus areas of the Institute do not + substantially and unnecessarily duplicate the efforts of any + other Institute. + (7) Collaboration.-- + (A) In general.--In awarding financial assistance under + paragraph (1), an agency head may collaborate with Federal + departments and agencies whose missions contribute to or are + affected by artificial intelligence systems. + (B) Coordinating network.--The Director of the National + Science Foundation shall establish a network of Institutes + receiving financial assistance under this subsection, to be + known as the ``Artificial Intelligence Leadership Network'', to + coordinate cross-cutting research and other activities carried + out by the Institutes. + (8) Limitation.--No funds authorized in this title shall be + awarded to Institutes outside of the United States. All awardees + and subawardees for such Institute shall be based in the United + States, in addition to any other eligibility criteria as + established by each agency head. + + TITLE LIII--DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES + +Sec. 5301. National institute of standards and technology activities. +Sec. 5302. Stakeholder outreach. +Sec. 5303. National oceanic and atmospheric administration artificial + intelligence center. SEC. 5301. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIVITIES. - - (a) In General.--As part of the Initiative, the Director of the -National Institute of Standards and Technology shall-- - (1) support measurement research and development of best - practices and voluntary standards for trustworthy artificial - intelligence systems, including for-- - (A) privacy and security, including for datasets - used to train or test artificial intelligence systems - and software and hardware used in artificial - intelligence systems; - (B) advanced computer chips and hardware designed - for artificial intelligence systems; - (C) data management and techniques to increase the - usability of data, including strategies to - systematically clean, label, and standardize data into - forms useful for training artificial intelligence - systems and the use of common, open licenses; - (D) safety and robustness of artificial - intelligence systems, including assurance, - verification, validation, security, control, and the - ability for artificial intelligence systems to - withstand unexpected inputs and adversarial attacks; - (E) auditing mechanisms and benchmarks for - accuracy, transparency, verifiability, and safety - assurance for artificial intelligence systems; - (F) applications of machine learning and artificial - intelligence systems to improve other scientific fields - and engineering; - (G) model documentation, including performance - metrics and constraints, measures of fairness, training - and testing processes, and results; - (H) system documentation, including connections and - dependences within and between systems, and - complications that may arise from such connections; and - (I) all other areas deemed by the Director to be - critical to the development and deployment of - trustworthy artificial intelligence; - (2) produce curated, standardized, representative, secure, - and privacy protected data sets for artificial intelligence - research, development, and use, prioritizing data for high- - value, high-risk research; - (3) support one or more institutes as described in section - 5201(a) for the purpose of advancing the field of artificial + The National Institute of Standards and Technology Act (15 U.S.C. +271 et seq.) is amended by inserting after section 22 the following: + ``SEC. 22A. STANDARDS FOR ARTIFICIAL INTELLIGENCE. + ``(a) Mission.--The Institute shall-- + ``(1) advance collaborative frameworks, standards, guidelines, + and associated methods and techniques for artificial intelligence; + ``(2) support the development of a risk-mitigation framework + for deploying artificial intelligence systems; + ``(3) support the development of technical standards and + guidelines that promote trustworthy artificial intelligence + systems; and + ``(4) support the development of technical standards and + guidelines by which to test for bias in artificial intelligence + training data and applications. + ``(b) Supporting Activities.--The Director of the National +Institute of Standards and Technology may-- + ``(1) support measurement research and development of best + practices and voluntary standards for trustworthy artificial + intelligence systems, which may include-- + ``(A) privacy and security, including for datasets used to + train or test artificial intelligence systems and software and + hardware used in artificial intelligence systems; + ``(B) advanced computer chips and hardware designed for + artificial intelligence systems; + ``(C) data management and techniques to increase the + usability of data, including strategies to systematically + clean, label, and standardize data into forms useful for + training artificial intelligence systems and the use of common, + open licenses; + ``(D) safety and robustness of artificial intelligence + systems, including assurance, verification, validation, + security, control, and the ability for artificial intelligence + systems to withstand unexpected inputs and adversarial attacks; + ``(E) auditing mechanisms and benchmarks for accuracy, + transparency, verifiability, and safety assurance for + artificial intelligence systems; + ``(F) applications of machine learning and artificial + intelligence systems to improve other scientific fields and + engineering; + ``(G) model documentation, including performance metrics + and constraints, measures of fairness, training and testing + processes, and results; + ``(H) system documentation, including connections and + dependences within and between systems, and complications that + may arise from such connections; and + ``(I) all other areas deemed by the Director to be critical + to the development and deployment of trustworthy artificial intelligence; - (4) support and strategically engage in the development of - voluntary consensus standards, including international - standards, through open, transparent, and consensus-based - processes; - (5) taking into account the findings from the National - Academies study in section 5105, develop taxonomies and lexica - to describe artificial intelligence tasks, knowledge, skills, - abilities, competencies, and work roles to guide career - development, education, and training activities in industry, - academia, nonprofit organizations, and the Federal government, - identify workforce gaps in the public and private sector, and - create criteria and measurement for credentials in artificial - intelligence-related careers; and - (6) enter into and perform such contracts, including - cooperative research and development arrangements and grants - and cooperative agreements or other transactions, as may be - necessary in the conduct of the work of the National Institute - of Standards and Technology and on such terms as the Director - considers appropriate, in furtherance of the purposes of this - division. - (b) Risk Management Framework.--Not later than 2 years after the + ``(2) produce curated, standardized, representative, high- + value, secure, aggregate, and privacy protected data sets for + artificial intelligence research, development, and use; + ``(3) support one or more institutes as described in section + 5201(b) of the National Artificial Intelligence Initiative Act of + 2020 for the purpose of advancing measurement science, voluntary + consensus standards, and guidelines for trustworthy artificial + intelligence systems; + ``(4) support and strategically engage in the development of + voluntary consensus standards, including international standards, + through open, transparent, and consensus-based processes; and + ``(5) enter into and perform such contracts, including + cooperative research and development arrangements and grants and + cooperative agreements or other transactions, as may be necessary + in the conduct of the work of the National Institute of Standards + and Technology and on such terms as the Director considers + appropriate, in furtherance of the purposes of this division. + ``(c) Risk Management Framework.--Not later than 2 years after the date of the enactment of this Act, the Director shall work to develop, and periodically update, in collaboration with other public and private sector organizations, including the National Science Foundation and the -Department of Energy, a voluntary risk management framework for the -trustworthiness of artificial intelligence systems. The framework -shall-- - (1) identify and provide standards, guidelines, best - practices, methodologies, procedures, and processes for - assessing the trustworthiness of, and mitigating risks to, - artificial intelligence systems; - (2) establish common definitions and characterizations for - aspects and levels of trustworthiness, including - explainability, transparency, safety, privacy, security, - robustness, fairness, bias, ethics, validation, verification, - interpretability, and other properties related to artificial - intelligence systems that are common across all sectors; - (3) provide guidance and implementation steps for risk - management of artificial intelligence systems; - (4) provide sector-specific case studies of implementation - of the framework; - (5) align with voluntary consensus standards, including - international standards, to the fullest extent possible; - (6) incorporate voluntary consensus standards and industry - best practices; and - (7) not prescribe or otherwise require-- - (A) the use of specific solutions; or - (B) the use of specific information or - communications technology products or services. - (c) Data Sharing and Documentation Best Practices.--Not later than -1 year after the date of enactment of this Act, the Director shall, in -collaboration with other public and private sector organizations, -develop guidance to facilitate the creation of voluntary data sharing -arrangements between industry, federally funded research centers, and -Federal agencies for the purpose of advancing artificial intelligence -research and technologies, including-- - (1) options for partnership models between government - entities, industry, universities, and nonprofits that - incentivize each party to share the data they collected; and - (2) best practices for datasets used to train artificial - intelligence systems, including-- - (A) standards for metadata that describe the - properties of datasets, including-- - (i) the origins of the data; - (ii) the intent behind the creation of the - data; - (iii) authorized uses of the data; - (iv) descriptive characteristics of the - data, including what populations are included - and excluded from the datasets; and - (v) any other properties as determined by - the Director; and - (B) standards for privacy and security of datasets - with human characteristics. - (d) Stakeholder Outreach.--In carrying out the activities under -this subsection, the Director shall-- - (1) solicit input from university researchers, private - sector experts, relevant Federal agencies, Federal - laboratories, State and local governments, civil society - groups, and other relevant stakeholders; - (2) solicit input from experts in relevant fields of social - science, technology ethics, and law; and - (3) provide opportunity for public comment on guidelines - and best practices developed as part of the Initiative, as - appropriate. - (e) Authorization of Appropriations.--There are authorized to be +Department of Energy, a voluntary risk management framework for +trustworthy artificial intelligence systems. The framework shall-- + ``(1) identify and provide standards, guidelines, best + practices, methodologies, procedures and processes for-- + ``(A) developing trustworthy artificial intelligence + systems; + ``(B) assessing the trustworthiness of artificial + intelligence systems; and + ``(C) mitigating risks from artificial intelligence + systems; + ``(2) establish common definitions and characterizations for + aspects of trustworthiness, including explainability, transparency, + safety, privacy, security, robustness, fairness, bias, ethics, + validation, verification, interpretability, and other properties + related to artificial intelligence systems that are common across + all sectors; + ``(3) provide case studies of framework implementation; + ``(4) align with international standards, as appropriate; + ``(5) incorporate voluntary consensus standards and industry + best practices; and + ``(6) not prescribe or otherwise require the use of specific + information or communications technology products or services. + ``(d) Participation in Standard Setting Organizations.-- + ``(1) Requirement.--The Institute shall participate in the + development of standards and specifications for artificial + intelligence. + ``(2) Purpose.--The purpose of this participation shall be to + ensure-- + ``(A) that standards promote artificial intelligence + systems that are trustworthy; and + ``(B) that standards relating to artificial intelligence + reflect the state of technology and are fit-for-purpose and + developed in transparent and consensus-based processes that are + open to all stakeholders. + ``(e) Data Sharing Best Practices.--Not later than 1 year after the +date of enactment of this Act, the Director shall, in collaboration +with other public and private sector organizations, develop guidance to +facilitate the creation of voluntary data sharing arrangements between +industry, federally funded research centers, and Federal agencies for +the purpose of advancing artificial intelligence research and +technologies, including options for partnership models between +government entities, industry, universities, and nonprofits that +incentivize each party to share the data they collected. + ``(f) Best Practices for Documentation of Data Sets.--Not later +than 1 year after the date of enactment of this Act, the Director +shall, in collaboration with other public and private sector +organizations, develop best practices for datasets used to train +artificial intelligence systems, including-- + ``(1) standards for metadata that describe the properties of + datasets, including-- + ``(A) the origins of the data; + ``(B) the intent behind the creation of the data; + ``(C) authorized uses of the data; + ``(D) descriptive characteristics of the data, including + what populations are included and excluded from the datasets; + and + ``(E) any other properties as determined by the Director; + and + ``(2) standards for privacy and security of datasets with human + characteristics. + ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the National Institute of Standards and Technology to -carry out this section $64,000,000 for fiscal year 2021. - -SEC. 5302. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ARTIFICIAL - INTELLIGENCE CENTER. - +carry out this section-- + ``(1) $64,000,000 for fiscal year 2021; + ``(2) $70,400,000 for fiscal year 2022; + ``(3) $77,440,000 for fiscal year 2023; + ``(4) $85,180,000 for fiscal year 2024; and + ``(5) $93,700,000 for fiscal year 2025.''. +SEC. 5302. STAKEHOLDER OUTREACH. + In carrying out the activities under section 22A of the National +Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) as +amended by title III of this Act, the Director shall-- + (1) solicit input from university researchers, private sector + experts, relevant Federal agencies, Federal laboratories, State, + Tribal, and local governments, civil society groups, and other + relevant stakeholders; + (2) solicit input from experts in relevant fields of social + science, technology ethics, and law; and + (3) provide opportunity for public comment on guidelines and + best practices developed as part of the Initiative, as appropriate. +SEC. 5303. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ARTIFICIAL +INTELLIGENCE CENTER. (a) In General.--The Administrator of the National Oceanic and Atmospheric Administration (hereafter referred to as ``the Administrator'') shall establish, a Center for Artificial Intelligence (hereafter referred to as ``the Center''). (b) Center Goals.--The goals of the Center shall be to-- - (1) coordinate and facilitate the scientific and - technological efforts across the National Oceanic and - Atmospheric Administration; and - (2) expand external partnerships, and build workforce - proficiency to effectively transition artificial intelligence - applications to operations. - (c) Center Priorities.--Through the Center, the Administrator shall -implement a comprehensive program to improve the use of artificial -intelligence systems across the agency in support of the mission of the -National Oceanic and Atmospheric Administration. The priorities of the -Center shall be to-- - (1) coordinate and facilitate artificial intelligence - research and innovation, tools, systems, and capabilities - across the National Oceanic and Atmospheric Administration; - (2) establish data standards and develop and maintain a - central repository for agency-wide artificial intelligence - applications; - (3) accelerate the transition of artificial intelligence - research to applications in support of the mission of the - National Oceanic and Atmospheric Administration; - (4) develop and conduct training for the workforce of the - National Oceanic and Atmospheric Administration related to - artificial intelligence research and application of artificial - intelligence for such agency; - (5) facilitate partnerships between the National Oceanic - and Atmospheric Administration and other public sector - organizations, private sector organizations, and institutions - of higher education for research, personnel exchange, and - workforce development with respect to artificial intelligence - systems; and - (6) make data of the National Oceanic and Atmospheric - Administration accessible, available, and ready for artificial - intelligence applications. - (d) Stakeholder Engagement.--In carrying out the activities + (1) coordinate and facilitate the scientific and technological + efforts related to artificial intelligence across the National + Oceanic and Atmospheric Administration; and + (2) expand external partnerships, and build workforce + proficiency to effectively transition artificial intelligence + research and applications to operations. + (c) Comprehensive Program.--Through the Center, the Administrator +shall implement a comprehensive program to improve the use of +artificial intelligence systems across the agency in support of the +mission of the National Oceanic and Atmospheric Administration. + (d) Center Priorities.--The priorities of the Center shall be to-- + (1) coordinate and facilitate artificial intelligence research + and innovation, tools, systems, and capabilities across the + National Oceanic and Atmospheric Administration; + (2) establish data standards and develop and maintain a central + repository for agency-wide artificial intelligence applications; + (3) accelerate the transition of artificial intelligence + research to applications in support of the mission of the National + Oceanic and Atmospheric Administration; + (4) develop and conduct training for the workforce of the + National Oceanic and Atmospheric Administration related to + artificial intelligence research and application of artificial + intelligence for such agency; + (5) facilitate partnerships between the National Oceanic and + Atmospheric Administration and other public sector organizations, + private sector organizations, and institutions of higher education + for research, personnel exchange, and workforce development with + respect to artificial intelligence systems; and + (6) make data of the National Oceanic and Atmospheric + Administration accessible, available, and ready for artificial + intelligence applications. + (e) Stakeholder Engagement.--In carrying out the activities authorized in this section, the Administrator shall-- - (1) collaborate with a diverse set of stakeholders - including private sector entities and institutions of higher - education; - (2) leverage the collective body of research on artificial - intelligence and machine learning; and - (3) engage with relevant Federal agencies, research - communities, and potential users of information produced under - this section. - (e) Authorization of Appropriations.--There are authorized to be + (1) collaborate with a diverse set of stakeholders including + private sector entities and institutions of higher education; + (2) leverage the collective body of research on artificial + intelligence and machine learning; and + (3) engage with relevant Federal agencies, research + communities, and potential users of data and methods made available + through the Center. + (f) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section $10,000,000 for fiscal year 2021. - - TITLE IV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE + (g) Protection of National Security Interests.-- + (1) In general.--Notwithstanding any other provision of this + section, the Administrator, in consultation with the Secretary of + Defense as appropriate, may withhold models or data used by the + Center if the Administrator determines doing so to be necessary to + protect the national security interests of the United States. + (2) Rule of construction.--Nothing in this section shall be + construed to supersede any other provision of law governing the + protection of the national security interests of the United States. + + TITLE LIV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE ACTIVITIES +Sec. 5401. Artificial intelligence research and education. SEC. 5401. ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION. - - (a) In General.--As part of the Initiative, the Director of the -National Science Foundation shall fund research and education -activities in artificial intelligence systems and related fields, -including competitive awards or grants to institutions of higher -education or eligible nonprofit organizations (or consortia thereof). + (a) In General.--the Director of the National Science Foundation +shall fund research and education activities in artificial intelligence +systems and related fields, including competitive awards or grants to +institutions of higher education or eligible nonprofit organizations +(or consortia thereof). (b) Uses of Funds.--In carrying out the activities under subsection (a), the Director of the National Science Foundation shall-- - (1) support research, including interdisciplinary research - on artificial intelligence systems and related areas; - (2) support collaborations among researchers across - disciplines, including between social scientists and computer - and data scientists, to advance research critical to the - development and deployment of trustworthy artificial - intelligence systems, including support for interdisciplinary - research relating advances in artificial intelligence to - changes in the future workplace, in a social and economic - context; - (3) use the existing programs of the National Science - Foundation, in collaboration with other Federal departments and - agencies, as appropriate to-- - (A) improve the teaching and learning of artificial - intelligence systems at all levels of education; and - (B) increase participation in artificial - intelligence related fields, including by individuals - identified in sections 33 and 34 of the Science and - Engineering Equal Opportunity Act (42 U.S.C. 1885a and - 1885b); - (4) engage with institutions of higher education, research - communities, industry, Federal laboratories, nonprofit - organizations, State and local governments, and potential users - of information produced under this section, including through - the convening of workshops and conferences, to leverage the - collective body of knowledge across disciplines relevant to - artificial intelligence, facilitate new collaborations and - partnerships, and identify emerging research needs; - (5) support partnerships among institutions of higher - education and industry that facilitate collaborative research, - personnel exchanges, and workforce development with respect to - artificial intelligence systems; - (6) ensure adequate access to research and education - infrastructure with respect to artificial intelligence systems, - including through the development of new computing resources - and partnership with the private sector for the provision of - cloud-based computing services; - (7) conduct prize competitions, as appropriate, pursuant to - section 24 of the Stevenson-Wydler Technology Innovation Act of - 1980 (15 U.S.C. 3719); - (8) coordinate research efforts funded through existing - programs across the directorates of the National Science - Foundation; - (9) provide guidance on data sharing by grantees to public - and private sector organizations consistent with the standards - and guidelines developed under section 5301(c); and - (10) evaluate opportunities for international collaboration - with strategic allies on artificial intelligence research and - development. - (c) Artificial Intelligence Research Grants.-- - (1) In general.--The Director shall award grants for - research on artificial intelligence systems. Research areas may - include-- - (A) artificial intelligence systems, including - machine learning, computer vision, robotics, and - hardware for accelerating artificial intelligence - systems; - (B) artificial intelligence-enabled systems; - (C) fields and research areas that will contribute - to the advancement of artificial intelligence systems, - including information theory, causal and statistical - inference, data mining, information extraction, human- - robot interaction, and intelligent interfaces; - (D) fields and research areas that increase - understanding of human characteristics relevant to - artificial intelligence systems, including - computational neuroscience, reasoning and - representation, speech and language, multi-agent - systems, intelligent interfaces, human-artificial - intelligence cooperation, and artificial intelligence- - augmented human problem solving; - (E) fields and research areas that increase - understanding of learning, adaptability, and resilience - beyond the human cognitive model, including topics in - developmental biology, zoology, botany, morphological - computation, and organismal systems; - (F) fields and research areas that will contribute - to the development and deployment of trustworthy - artificial intelligence systems, including-- - (i) algorithmic explainability; - (ii) methods to assess, characterize, and - reduce bias in datasets and artificial - intelligence systems; and - (iii) safety and robustness of artificial - intelligence systems, including assurance, - verification, validation, security, and - control; - (G) privacy and security, including for datasets - used for the training and inference of artificial - intelligence systems, and software and hardware used in - artificial intelligence systems; - (H) fields and research areas that address the - application of artificial intelligence systems to - scientific discovery and societal challenges, including - economic and public health emergencies; - (I) societal, ethical, safety, education, - workforce, and security implications of artificial - intelligence systems, including social impact of - artificial intelligence systems on different groups - within society, especially historically marginalized - groups; and - (J) qualitative and quantitative forecasting of - future capabilities, applications, and impacts. - (2) Engineering support.--In soliciting proposals for - funding under this section, the Director shall permit - applicants to include in their proposed budgets funding for - software engineering support to assist with the proposed - research. - (3) Ethics.-- - (A) Sense of congress.--It is the sense of Congress - that-- - (i) a number of emerging areas of research, - including artificial intelligence, have - potential ethical, social, safety, and security - implications that might be apparent as early as - the basic research stage; - (ii) the incorporation of ethical, social, - safety, and security considerations into the - research design and review process for Federal - awards may help mitigate potential harms before - they happen; - (iii) the National Science Foundation's - intent to enter into an agreement with the - National Academies of Sciences, Engineering, - and Medicine to conduct a study and make - recommendations with respect to governance of - research in emerging technologies is a positive - step toward accomplishing this goal; and - (iv) the National Science Foundation should - continue to work with stakeholders to - understand and adopt policies that promote best - practices for governance of research in - emerging technologies at every stage of - research. - (B) Ethics statements.-- - (i) In general.--Not later than 18 months - after the date of enactment of this Act, the - Director shall amend grant proposal - instructions to include a requirement for an - ethics statement to be included as part of any - proposal for funding prior to making the award. - Such statement shall be considered by the - Director in the review of proposals, taking - into consideration any relevant input from the - peer-reviewers for the proposal, and shall - factor into award decisions as deemed necessary - by the Director. - (ii) Contents.--Such statements may - include, as appropriate-- - (I) the potential societal benefits - of the research; - (II) any foreseeable or - quantifiable risks to society, - including how the research could enable - products, technologies, or other - outcomes that could intentionally or - unintentionally cause significant - societal harm; and - (III) how technical or social - solutions can mitigate such risks and, - as appropriate, a plan to implement - such mitigation measures. - (iii) Guidance.--The Director shall issue - clear guidance on what constitutes a - foreseeable or quantifiable risk described in - clause (ii)(II), and to the extent practical - harmonize this policy with existing ethical - policies or related requirements for human - subjects. - (iv) Annual reports.--The Director shall - encourage grantees to update their ethics - statements as appropriate as part of the annual - reports required by all grantees under the - grant terms and conditions. - (d) Education.-- - (1) In general.--The Director of the National Science - Foundation shall award grants for education programs at the K- - 12, community college, undergraduate, graduate, postdoctoral, - adult learning, and retraining stages of education that-- - (A) support the development of a diverse workforce - pipeline for science and technology with respect to - artificial intelligence systems; - (B) increase awareness of ethical, social, safety, - and security implications of artificial intelligence - systems; and - (C) promote the widespread understanding of - artificial intelligence principles and methods to - create an educated workforce and general public able to - use products enabled by artificial intelligence systems - and adapt to future societal and economic changes - caused by artificial intelligence systems. - (2) Use of funds.--Grants awarded under this section for - education activities referred to in paragraph (1) may be used - for-- - (A) collaborative interdisciplinary research, - development, testing, and dissemination of K-12, - undergraduate, and community college curriculum - development, dissemination, and other educational tools - and methods in artificial intelligence related fields; - (B) curriculum development in the field of - technology ethics; - (C) support for informal education activities for - K-12 students to engage with artificial intelligence - systems, including mentorship programs for - underrepresented populations; - (D) efforts to achieve equitable access to K-12 - artificial intelligence education for populations and - geographic areas traditionally underrepresented in the - artificial intelligence field; - (E) training and professional development programs, - including innovative pre-service and in-service - programs, in artificial intelligence and related fields - for K-12 teachers; - (F) efforts to improve the retention rate for - researchers focusing on artificial intelligence systems - at institutions of higher learning and other nonprofit - research institutions; - (G) outreach programs to educate the general public - about the uses of artificial intelligence and its - societal implications; - (H) assessments of activities conducted under this - subsection; and - (I) any other relevant activities the Director - determines will accomplish the aim described in - paragraph (1). - (3) Artificial intelligence traineeships and fellowships.-- - (A) Artificial intelligence traineeships.-- - (i) In general.--The Director of the - National Science Foundation shall award grants - to institutions of higher education to - establish traineeship programs for graduate - students who pursue artificial intelligence- - related research leading to a masters or - doctorate degree by providing funding and other - assistance, and by providing graduate students - opportunities for research experiences in - government or industry related to the students' - artificial intelligence studies. - (ii) Use of funds.--An institution of - higher education shall use grant funds provided - under clause (i) for the purposes of-- - (I) providing traineeships to - students who are pursuing research in - artificial intelligence leading to a - masters or doctorate degree; - (II) paying tuition and fees for - students receiving traineeships who are - citizens, nationals, or lawfully - admitted permanent resident aliens of - the United States; - (III) creating and requiring - courses or training programs in - technology ethics for students - receiving traineeships; - (IV) creating opportunities for - research in technology ethics for - students receiving traineeships; - (V) establishing scientific - internship programs for students - receiving traineeships in artificial - intelligence at for-profit - institutions, nonprofit research - institutions, or government - laboratories; and - (VI) other costs associated with - the administration of the program. - (B) Artificial intelligence fellowships.--The - Director of the National Science Foundation shall award - fellowships to masters and doctoral students and - postdoctoral researchers at institutions of higher - education who are pursuing degrees or research in - artificial intelligence and related fields, including - in the field of technology ethics. In making such - awards, the Director shall-- - (i) ensure recipients of artificial - intelligence fellowships are citizens, - nationals, or lawfully admitted permanent - resident aliens of the United States; and - (ii) conduct outreach, including through - formal solicitations, to solicit proposals from - students and postdoctoral researchers seeking - to carry out research in aspects of technology - ethics with relevance to artificial - intelligence systems. - (C) Faculty recruitment fellowships.-- - (i) In general.--The Director of the - National Science Foundation shall establish a - program to award grants to institutions of - higher education to recruit and retain tenure- - track or tenured faculty in artificial - intelligence and related fields. - (ii) Use of funds.--An institution of - higher education shall use grant funds provided - under clause (i) for the purposes of-- - (I) recruiting new tenure-track or - tenured faculty members to that conduct - research and teaching in artificial - intelligence and related fields and - research areas, including technology - ethics; and - (II) paying salary and benefits for - the academic year of newly recruited - tenure-track or tenured faculty members - for a duration of up to 3 years. - (D) Faculty technology ethics fellowships.-- - (i) In general.--The Director of the - National Science Foundation shall establish a - program to award fellowships to tenure-track - and tenured faculty in social and behavioral - sciences, ethics, law, and related fields to - develop new research projects and partnerships - in technology ethics, in collaboration with - faculty conducting empirical research in - artificial intelligence and related fields. - (ii) Purposes.--The purposes of such - fellowships are to enable researchers in social - and behavioral sciences, ethics, law, and - related fields to establish new research and - education partnerships with researchers in - artificial intelligence and related fields; - learn new techniques and acquire systematic - knowledge in artificial intelligence and - related fields; shift their research to focus - on technology ethics; and mentor and advise - graduate students and postdocs pursuing - research in technology ethics. - (iii) Uses of funds.--A fellowship may - include salary and benefits for up to one - academic year and additional expenses to - support coursework or equivalent training in - artificial intelligence systems. - (E) Update to robert noyce teacher scholarship - program.--Section 10(i)(5) of the National Science - Foundation Authorization Act of 2002 (42 U.S.C. 1862n- - 1(i)(5)) is amended by inserting ``and artificial - intelligence'' after ``computer science''. - (4) Update to advanced technological education program.-- - (A) In general.--Section 3(b) of the Scientific and - Advanced-Technology Act of 1992 (42 U.S.C. 1862(i)) is - amended by striking ``10'' and inserting ``12''. - (B) Artificial intelligence centers of - excellence.--The Director of the National Science - Foundation shall establish national centers of - scientific and technical education to advance education - and workforce development in areas related to - artificial intelligence pursuant to Section 3 of the - Scientific and Advanced-Technology Act of 1992 (42 - U.S.C. 1862(i)). Activities of such centers may - include-- - (i) the development, dissemination, and - evaluation of curriculum and other educational - tools and methods in artificial intelligence - related fields and research areas, including - technology ethics; - (ii) the development and evaluation of - artificial intelligence related certifications - for 2-year programs; and - (iii) interdisciplinary science and - engineering research in employment-based adult - learning and career retraining related to - artificial intelligence fields. - (e) Authorization of Appropriations.--There are authorized to be + (1) support research, including interdisciplinary research, on + artificial intelligence systems and related areas, including fields + and research areas that will contribute to the development and + deployment of trustworthy artificial intelligence systems, and + fields and research areas that address the application of + artificial intelligence systems to scientific discovery and + societal challenges; + (2) use the existing programs of the National Science + Foundation, in collaboration with other Federal departments and + agencies, as appropriate to-- + (A) improve the teaching and learning of topics related to + artificial intelligence systems in K-12 education and + postsecondary educational programs, including workforce + training and career and technical education programs, + undergraduate and graduate education programs, and in informal + settings; and + (B) increase participation in artificial intelligence + related fields, including by individuals identified in sections + 33 and 34 of the Science and Engineering Equal Opportunity Act + (42 U.S.C. 1885a, 1885b); + (3) support partnerships among institutions of higher + education, Federal laboratories, nonprofit organizations, State, + local, and Tribal governments, industry, and potential users of + artificial intelligence systems that facilitate collaborative + research, personnel exchanges, and workforce development and + identify emerging research needs with respect to artificial + intelligence systems; + (4) ensure adequate access to research and education + infrastructure with respect to artificial intelligence systems, + which may include the development of new computing resources and + partnership with the private sector for the provision of cloud- + based computing services; + (5) conduct prize competitions, as appropriate, pursuant to + section 24 of the Stevenson-Wydler Technology Innovation Act of + 1980 (15 U.S.C. 3719); + (6) coordinate research efforts funded through existing + programs across the directorates of the National Science + Foundation; + (7) provide guidance on data sharing by grantees to public and + private sector organizations consistent with the standards and + guidelines developed under section 22A(e) of the National Institute + of Standards and Technology Act (as added by section 5301 of this + division); and + (8) evaluate opportunities for international collaboration with + strategic allies on artificial intelligence research and + development. + (c) Engineering Support.--In general, the Director shall permit +applicants to include in their proposed budgets funding for software +engineering support to assist with the proposed research. + (d) Ethics.-- + (1) Sense of congress.--It is the sense of Congress that-- + (A) a number of emerging areas of research, including + artificial intelligence, have potential ethical, social, + safety, and security risks that might be apparent as early as + the basic research stage; + (B) the incorporation of ethical, social, safety, and + security considerations into the research design and review + process for Federal awards may help mitigate potential harms + before they happen; + (C) the National Science Foundation's agreement with the + National Academies of Sciences, Engineering, and Medicine to + conduct a study and make recommendations with respect to + governance of research in computing and computing technologies + is a positive step toward accomplishing this goal; and + (D) the National Science Foundation should continue to work + with stakeholders to understand and adopt policies that promote + best practices for governance of research in emerging + technologies at every stage of research. + (2) Report on ethics statements.--No later than 6 months after + publication of the study described in paragraph (1)(C), the + Director shall report to Congress on options for requiring an + ethics or risk statement as part of all or a subset of applications + for research funding to the National Science Foundation. + (e) Education.-- + (1) In general.--The Director of the National Science + Foundation shall award grants for artificial intelligence education + research, development and related activities to support K-12 and + postsecondary education programs and activities, including + workforce training and career and technical education programs and + activities, undergraduate, graduate, and postdoctoral education, + and informal education programs and activities that-- + (A) support the development of a diverse workforce pipeline + for science and technology with respect to artificial + intelligence systems; + (B) increase awareness of potential ethical, social, + safety, and security risks of artificial intelligence systems; + (C) promote curriculum development for teaching topics + related to artificial intelligence, including in the field of + technology ethics; + (D) support efforts to achieve equitable access to K-12 + artificial intelligence education in diverse geographic areas + and for populations historically underrepresented in science, + engineering, and artificial intelligence fields; and + (E) promote the widespread understanding of artificial + intelligence principles and methods to create an educated + workforce and general public able to use products enabled by + artificial intelligence systems and adapt to future societal + and economic changes caused by artificial intelligence systems. + (2) Artificial intelligence faculty fellowships.-- + (A) Faculty recruitment fellowships.-- + (i) In general.--The Director of the National Science + Foundation shall establish a program to award grants to + eligible institutions of higher education to recruit and + retain tenure-track or tenured faculty in artificial + intelligence and related fields. + (ii) Use of funds.--An institution of higher education + shall use grant funds provided under clause (i) for the + purposes of-- + + (I) recruiting new tenure-track or tenured faculty + members that conduct research and teaching in + artificial intelligence and related fields and research + areas, including technology ethics; and + (II) paying salary and benefits for the academic + year of newly recruited tenure-track or tenured faculty + members for a duration of up to three years. + + (iii) Eligible institutions of higher education.--For + purposes of this subparagraph, an eligible institution of + higher education is-- + + (I) a Historically Black College and University + (within the meaning of the term ``part B institution'' + under section 322 of the Higher Education Act of 1965), + Tribal College or University, or other minority-serving + institution, as defined in section 371(a) of the Higher + Education Act of 1965; + (II) an institution classified under the Carnegie + Classification of Institutions of Higher Education as a + doctorate-granting university with a high level of + research activity; or + (III) an institution located in a State + jurisdiction eligible to participate in the National + Science Foundation's Established Program to Stimulate + Competitive Research. + + (B) Faculty technology ethics fellowships.-- + (i) In general.--The Director of the National Science + Foundation shall establish a program to award fellowships + to tenure-track and tenured faculty in social and + behavioral sciences, ethics, law, and related fields to + develop new research projects and partnerships in + technology ethics. + (ii) Purposes.--The purposes of such fellowships are to + enable researchers in social and behavioral sciences, + ethics, law, and related fields to establish new research + and education partnerships with researchers in artificial + intelligence and related fields; learn new techniques and + acquire systematic knowledge in artificial intelligence and + related fields; and mentor and advise graduate students and + postdocs pursuing research in technology ethics. + (iii) Uses of funds.--A fellowship may include salary + and benefits for up to one academic year, expenses to + support coursework or equivalent training in artificial + intelligence systems, and additional such expenses that the + Director deems appropriate. + (C) Update to robert noyce teacher scholarship program.-- + Section 10(i)(5) of the National Science Foundation + Authorization Act of 2002 (42 U.S.C. 1862n-1(i)(5)) is amended + by inserting ``and artificial intelligence'' after ``computer + science''. + (3) Update to advanced technological education program.-- + (A) In general.--Section 3(b) of the Scientific and + Advanced-Technology Act of 1992 (42 U.S.C. 1862(i)) is amended + by striking ``10'' and inserting ``12''. + (B) Artificial intelligence centers of excellence.--The + Director of the National Science Foundation shall establish + national centers of scientific and technical education to + advance education and workforce development in areas related to + artificial intelligence pursuant to section 3 of the Scientific + and Advanced-Technology Act of 1992 (42 U.S.C. 1862(i)). + Activities of such centers may include-- + (i) the development, dissemination, and evaluation of + curriculum and other educational tools and methods in + artificial intelligence related fields and research areas, + including technology ethics; + (ii) the development and evaluation of artificial + intelligence related certifications for 2-year programs; + and + (iii) interdisciplinary science and engineering + research in employment-based adult learning and career + retraining related to artificial intelligence fields. + (f) National Science Foundation Pilot Program of Grants for +Research in Rapidly Evolving, High Priority Topics.-- + (1) Pilot program required.--The Director of the National + Science Foundation shall establish a pilot program to assess the + feasibility and advisability of awarding grants for the conduct of + research in rapidly evolving, high priority topics using funding + mechanisms that require brief project descriptions and internal + merit review, and that may include accelerated external review. + (2) Duration.-- + (A) In general.--The Director shall carry out the pilot + program required by paragraph (1) during the 5-year period + beginning on the date of the enactment of this Act. + (B) Assessment and continuation authority.--After the + period set forth in paragraph (2)(A)-- + (i) the Director shall assess the pilot program; and + (ii) if the Director determines that it is both + feasible and advisable to do so, the Director may continue + the pilot program. + (3) Grants.--In carrying out the pilot program, the Director + shall award grants for the conduct of research in topics selected + by the Director in accordance with paragraph (4). + (4) Topic selection.--The Director shall select topics for + research under the pilot program in accordance with the following: + (A) The Director shall select artificial intelligence as + the initial topic for the pilot program. + (B) The Director may select additional topics that the + Director determines are-- + (i) rapidly evolving; and + (ii) of high importance to the economy and security of + the United States. + (g) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this -section $868,000,000 for fiscal year 2021. +section-- + (1) $868,000,000 for fiscal year 2021; + (2) $911,400,000 for fiscal year 2022; + (3) $956,970,000 for fiscal year 2023; + (4) $1,004,820,000 for fiscal year 2024; and + (5) $1,055,060,000 for fiscal year 2025. - TITLE V--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM +TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM +Sec. 5501. Department of energy artificial intelligence research + program. SEC. 5501. DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH - PROGRAM. - +PROGRAM. (a) In General.--The Secretary shall carry out a cross-cutting research and development program to advance artificial intelligence tools, systems, capabilities, and workforce needs and to improve the @@ -62706,90 +65932,69 @@ determined by the Secretary. (b) Research Areas.--In carrying out the program under subsection (a), the Secretary shall award financial assistance to eligible entities to carry out research projects on topics including-- - (1) the application of artificial intelligence systems to - improve large-scale simulations of natural and other phenomena; - (2) the study of applied mathematics, computer science, and - statistics, including foundations of methods and systems of - artificial intelligence, causal and statistical inference, and - the development of algorithms for artificial intelligence - systems; - (3) the analysis of existing large-scale datasets from - science and engineering experiments and simulations, including - energy simulations and other priorities at the Department as - determined by the Secretary using artificial intelligence tools - and techniques; - (4) the development of operation and control systems that - enhance automated, intelligent decisionmaking capabilities; - (5) the development of advanced computing hardware and - computer architecture tailored to artificial intelligence - systems, including the codesign of networks and computational - hardware; - (6) the development of standardized datasets for emerging - artificial intelligence research fields and applications, - including methods for addressing data scarcity; and - (7) the development of trustworthy artificial intelligence - systems, including-- - (A) algorithmic explainability; - (B) analytical methods for identifying and - mitigating bias in artificial intelligence systems; and - (C) safety and robustness, including assurance, - verification, validation, security, and control. + (1) the application of artificial intelligence systems to + improve large-scale simulations of natural and other phenomena; + (2) the study of applied mathematics, computer science, and + statistics, including foundations of methods and systems of + artificial intelligence, causal and statistical inference, and the + development of algorithms for artificial intelligence systems; + (3) the analysis of existing large-scale datasets from science + and engineering experiments and simulations, including energy + simulations and other priorities at the Department as determined by + the Secretary using artificial intelligence tools and techniques; + (4) the development of operation and control systems that + enhance automated, intelligent decisionmaking capabilities; + (5) the development of advanced computing hardware and computer + architecture tailored to artificial intelligence systems, including + the codesign of networks and computational hardware; + (6) the development of standardized datasets for emerging + artificial intelligence research fields and applications, including + methods for addressing data scarcity; and + (7) the development of trustworthy artificial intelligence + systems, including-- + (A) algorithmic explainability; + (B) analytical methods for identifying and mitigating bias + in artificial intelligence systems; and + (C) safety and robustness, including assurance, + verification, validation, security, and control. (c) Technology Transfer.--In carrying out the program under subsection (a), the Secretary shall support technology transfer of artificial intelligence systems for the benefit of society and United States economic competitiveness. (d) Facility Use and Upgrades.--In carrying out the program under subsection (a), the Secretary shall-- - (1) make available high-performance computing - infrastructure at national laboratories; - (2) make any upgrades necessary to enhance the use of - existing computing facilities for artificial intelligence - systems, including upgrades to hardware; - (3) establish new computing capabilities necessary to - manage data and conduct high performance computing that enables - the use of artificial intelligence systems; and - (4) maintain and improve, as needed, networking - infrastructure, data input and output mechanisms, and data - analysis, storage, and service capabilities. - (e) Ethics.-- - (1) In general.--Not later than 18 months after the date of - enactment of this Act, the Secretary shall amend grant proposal - instructions to include a requirement for an ethics statement - to be included as part of any proposal for funding prior to - making the award. Such statement shall be considered by the - Secretary in the review of proposals, taking into consideration - any relevant input from the peer-reviewers for the proposal, - and shall factor into award decisions as deemed necessary by - the Secretary. Such statements may include, as appropriate-- - (A) the potential societal benefits of the - research; - (B) any foreseeable or quantifiable risks to - society, including how the research could enable - products, technologies, or other outcomes that could - intentionally or unintentionally cause significant - societal harm; and - (C) how technical or social solutions can mitigate - such risks and, as appropriate, a plan to implement - such mitigation measures. - (2) Guidance.--The Secretary shall issue clear guidance on - what constitutes risks as described in section (1)(B), and to - the extent practical harmonize this policy with existing - ethical policies or related requirements for human subjects. - (3) Annual reports.--The Secretary shall encourage awardees - to update their ethics statements as appropriate as part of the - annual reports required by all awardees under the grant terms - and conditions. + (1) make available high-performance computing infrastructure at + national laboratories; + (2) make any upgrades necessary to enhance the use of existing + computing facilities for artificial intelligence systems, including + upgrades to hardware; + (3) establish new computing capabilities necessary to manage + data and conduct high performance computing that enables the use of + artificial intelligence systems; and + (4) maintain and improve, as needed, networking infrastructure, + data input and output mechanisms, and data analysis, storage, and + service capabilities. + (e) Report on Ethics Statements.--Not later than 6 months after +publication of the study described in section 5401(d)(1)(C), the +Secretary shall report to Congress on options for requiring an ethics +or risk statement as part of all or a subset of applications for +research activities funded by the Department of Energy and performed at +Department of Energy national laboratories and user facilities. (f) Risk Management.--The Secretary shall review agency policies for risk management in artificial intelligence related projects and issue as necessary policies and principles that are consistent with the -framework developed under section 5301(b). +framework developed under section 22A(c) of the National Institute of +Standards and Technology Act (as added by section 5301 of this +division). (g) Data Privacy and Sharing.--The Secretary shall review agency policies for data sharing with other public and private sector organizations and issue as necessary policies and principles that are consistent with the standards and guidelines submitted under section -5301(c). In addition, the Secretary shall establish a streamlined -mechanism for approving research projects or partnerships that require -sharing sensitive public or private data with the Department. +22A(e) of the National Institute of Standards and Technology Act (as +added by section 5301 of this division). In addition, the Secretary +shall establish a streamlined mechanism for approving research projects +or partnerships that require sharing sensitive public or private data +with the Department. (h) Partnerships With Other Federal Agencies.--The Secretary may request, accept, and provide funds from other Federal departments and agencies, State, United States territory, local, or Tribal government @@ -62800,2458 +66005,4773 @@ section. The Secretary may not give any special consideration to any agency or entity in return for a donation. (i) Stakeholder Engagement.--In carrying out the activities authorized in this section, the Secretary shall-- - (1) collaborate with a range of stakeholders including - small businesses, institutes of higher education, industry, and - the National Laboratories; - (2) leverage the collective body of knowledge from existing - artificial intelligence and machine learning research; and - (3) engage with other Federal agencies, research - communities, and potential users of information produced under - this section. + (1) collaborate with a range of stakeholders including small + businesses, institutes of higher education, industry, and the + National Laboratories; + (2) leverage the collective body of knowledge from existing + artificial intelligence and machine learning research; and + (3) engage with other Federal agencies, research communities, + and potential users of information produced under this section. (j) Definitions.--In this section: - (1) Secretary.--The term ``Secretary'' means the Secretary - of Energy. - (2) Department.--The term ``Department'' means the - Department of Energy. - (3) National laboratory.--The term ``national laboratory'' - has the meaning given such term in section 2 of the Energy - Policy Act of 2005 (42 U.S.C. 15801). - (4) Eligible entities.--The term ``eligible entities'' - means-- - (A) an institution of higher education; - (B) a National Laboratory; - (C) a Federal research agency; - (D) a State research agency; - (E) a nonprofit research organization; - (F) a private sector entity; or - (G) a consortium of 2 or more entities described in - subparagraph (A) through (F). + (1) Secretary.--The term ``Secretary'' means the Secretary of + Energy. + (2) Department.--The term ``Department'' means the Department + of Energy. + (3) National laboratory.--The term ``national laboratory'' has + the meaning given such term in section 2 of the Energy Policy Act + of 2005 (42 U.S.C. 15801). + (4) Eligible entities.--The term ``eligible entities'' means-- + (A) an institution of higher education; + (B) a National Laboratory; + (C) a Federal research agency; + (D) a State research agency; + (E) a nonprofit research organization; + (F) a private sector entity; or + (G) a consortium of 2 or more entities described in + subparagraphs (A) through (F). (k) Authorization of Appropriations.--There are authorized to be -appropriated to the Department to carry out this section $200,000,000 -for fiscal year 2021. - -SEC. 5502. DEPARTMENT OF ENERGY VETERANS' HEALTH INITIATIVE. - - (a) Definitions.--In this section: - (1) Department.--The term ``Department'' means the - Department of Energy. - (2) National laboratory.--The term ``National Laboratory'' - has the meaning given that term in section 2 of the Energy - Policy Act of 2005 (42 U.S.C. 15801). - (3) Secretary.--The term ``Secretary'' means the Secretary - of Energy. - (b) Purposes.--The purposes of this section are to advance -Department of Energy expertise in artificial intelligence and high- -performance computing in order to improve health outcomes for veteran -populations by-- - (1) supporting basic research through the application of - artificial intelligence, high-performance computing, modeling - and simulation, machine learning, and large-scale data - analytics to identify and solve outcome-defined challenges in - the health sciences; - (2) maximizing the impact of the Department of Veterans - Affairs' health and genomics data housed at the National - Laboratories, as well as data from other sources, on science, - innovation, and health care outcomes through the use and - advancement of artificial intelligence and high-performance - computing capabilities of the Department of Energy; - (3) promoting collaborative research through the - establishment of partnerships to improve data sharing between - Federal agencies, National Laboratories, institutions of higher - education, and nonprofit institutions; - (4) establishing multiple scientific computing user - facilities to house and provision available data to foster - transformational outcomes; and - (5) driving the development of technology to improve - artificial intelligence, high-performance computing, and - networking relevant to mission applications of the Department - of Energy, including modeling, simulation, machine learning, - and advanced data analytics. - (c) Department of Energy Veterans Health Research and -Development.-- - (1) In general.--The Secretary shall establish and carry - out a research program in artificial intelligence and high- - performance computing, focused on the development of tools to - solve big data challenges associated with veteran's healthcare, - and to support the efforts of the Department of Veterans - Affairs to identify potential health risks and challenges - utilizing data on long-term healthcare, health risks, and - genomic data collected from veteran populations. The Secretary - shall carry out this program through a competitive, merit- - reviewed process, and consider applications from National - Laboratories, institutions of higher education, multi- - institutional collaborations, and other appropriate entities. - (2) Program components.--In carrying out the program - established under paragraph (1), the Secretary may-- - (A) conduct basic research in modeling and - simulation, machine learning, large-scale data - analytics, and predictive analysis in order to develop - novel or optimized algorithms for prediction of disease - treatment and recovery; - (B) develop methods to accommodate large data sets - with variable quality and scale, and to provide insight - and models for complex systems; - (C) develop new approaches and maximize the use of - algorithms developed through artificial intelligence, - machine learning, data analytics, natural language - processing, modeling and simulation, and develop new - algorithms suitable for high-performance computing - systems and large biomedical data sets; - (D) advance existing and construct new data - enclaves capable of securely storing data sets provided - by the Department of Veterans Affairs, Department of - Defense, and other sources; and - (E) promote collaboration and data sharing between - National Laboratories, research entities, and user - facilities of the Department by providing the necessary - access and secure data transfer capabilities. - (3) Coordination.--In carrying out the program required - under paragraph (1), the Secretary is authorized to-- - (A) enter into memoranda of understanding in order - to carry out reimbursable agreements with the - Department of Veterans Affairs and other entities in - order to maximize the effectiveness of Department of - Energy research and development to improve veterans' - healthcare; - (B) consult with the Department of Veterans Affairs - and other Federal agencies as appropriate; and - (C) ensure that data storage meets all privacy and - security requirements established by the Department of - Veterans Affairs, and that access to data is provided - in accordance with relevant Department of Veterans - Affairs data access policies, including informed - consent. - (4) Report.--Not later than 2 years after the date of the - enactment of this Act, the Secretary shall submit to the - Committee on Science, Space, and Technology and the Committee - on Veterans' Affairs of the House of Representatives, and the - Committee on Energy and Natural Resources and the Committee on - Veterans' Affairs of the Senate, a report detailing the - effectiveness of-- - (A) the interagency coordination between each - Federal agency involved in the research program carried - out under this subsection; - (B) collaborative research achievements of the - program; and - (C) potential opportunities to expand the technical - capabilities of the Department. - (5) Funding.--There are authorized to be appropriated to - the Secretary of Veterans Affairs to carry out this section - $5,400,000 for fiscal year 2021. - (d) Interagency Collaboration.-- - (1) In general.--The Secretary is authorized to carry out - research, development, and demonstration activities to develop - tools to apply to big data that enable Federal agencies, - institutions of higher education, nonprofit research - organizations, and industry to better leverage the capabilities - of the Department to solve complex, big data challenges. The - Secretary shall carry out these activities through a - competitive, merit-reviewed process, and consider applications - from National Laboratories, institutions of higher education, - multi-institutional collaborations, and other appropriate - entities. - (2) Activities.--In carrying out the research, development, - and demonstration activities authorized under paragraph (1), - the Secretary may-- - (A) utilize all available mechanisms to prevent - duplication and coordinate research efforts across the - Department; - (B) establish multiple user facilities to serve as - data enclaves capable of securely storing data sets - created by Federal agencies, institutions of higher - education, nonprofit organizations, or industry at - National Laboratories; and - (C) promote collaboration and data sharing between - National Laboratories, research entities, and user - facilities of the Department by providing the necessary - access and secure data transfer capabilities. - (3) Report.--Not later than 2 years after the date of the - enactment of this Act, the Secretary shall submit to the - Committee on Science, Space, and Technology of the House of - Representatives and the Committee on Energy and Natural - Resources of the Senate a report evaluating the effectiveness - of the activities authorized under paragraph (1). - (4) Funding.--There are authorized to be appropriated to - the Secretary of Energy to carry out paragraph (1) $15,000,000 - for fiscal year 2021. +appropriated to the Department to carry out this section-- + (1) $200,000,000 for fiscal year 2021; + (2) $214,000,000 for fiscal year 2022; + (3) $228,980,000 for fiscal year 2023; + (4) $245,000,000 for fiscal year 2024; and + (5) $262,160,000 for fiscal year 2025. - DIVISION F--CORPORATE TRANSPARENCY ACT OF 2019 + DIVISION F--ANTI-MONEY LAUNDERING SEC. 6001. SHORT TITLE. - - This division may be cited as the ``Corporate Transparency Act of -2019''. - -SEC. 6002. FINDINGS. - - Congress finds the following: - (1) Nearly 2,000,000 corporations and limited liability - companies are being formed under the laws of the States each - year. - (2) Very few States require information about the - beneficial owners of the corporations and limited liability - companies formed under their laws. - (3) A person forming a corporation or limited liability - company within the United States typically provides less - information at the time of incorporation than is needed to - obtain a bank account or driver's license and typically does - not name a single beneficial owner. - (4) Criminals have exploited State formation procedures to - conceal their identities when forming corporations or limited - liability companies in the United States, and have then used - the newly created entities to commit crimes affecting - interstate and international commerce such as terrorism, - proliferation financing, drug and human trafficking, money - laundering, tax evasion, counterfeiting, piracy, securities - fraud, financial fraud, and acts of foreign corruption. - (5) Law enforcement efforts to investigate corporations and - limited liability companies suspected of committing crimes have - been impeded by the lack of available beneficial ownership - information, as documented in reports and testimony by - officials from the Department of Justice, the Department of - Homeland Security, the Department of the Treasury, and the - Government Accountability Office, and others. - (6) In July 2006, the leading international antimoney - laundering standard-setting body, the Financial Action Task - Force on Money Laundering (in this section referred to as the - ``FATF''), of which the United States is a member, issued a - report that criticizes the United States for failing to comply - with a FATF standard on the need to collect beneficial - ownership information and urged the United States to correct - this deficiency by July 2008. In December 2016, FATF issued - another evaluation of the United States, which found that - little progress has been made over the last ten years to - address this problem. It identified the ``lack of timely access - to adequate, accurate and current beneficial ownership - information'' as a fundamental gap in United States efforts to - combat money laundering and terrorist finance. - (7) In response to the 2006 FATF report, the United States - has urged the States to obtain beneficial ownership information - for the corporations and limited liability companies formed - under the laws of such States. - (8) In contrast to practices in the United States, all 28 - countries in the European Union are required to have corporate - registries that include beneficial ownership information. - (9) To reduce the vulnerability of the United States to - wrongdoing by United States corporations and limited liability - companies with hidden owners, to protect interstate and - international commerce from criminals misusing United States - corporations and limited liability companies, to strengthen law - enforcement investigations of suspect corporations and limited - liability companies, to set a clear, universal standard for - State incorporation practices, and to bring the United States - into compliance with international anti-money laundering - standards, Federal legislation is needed to require the - collection of beneficial ownership information for the - corporations and limited liability companies formed under the - laws of such States. - -SEC. 6003. TRANSPARENT INCORPORATION PRACTICES. - - (a) In General.-- - (1) Amendment to the bank secrecy act.--Chapter 53 of title - 31, United States Code, is amended by inserting after section - 5332 the following new section: -``Sec. 5333 Transparent incorporation practices - ``(a) Reporting Requirements.-- - ``(1) Beneficial ownership reporting.-- - ``(A) In general.--Each applicant to form a - corporation or limited liability company under the laws - of a State or Indian Tribe shall file a report with - FinCEN containing a list of the beneficial owners of - the corporation or limited liability company that-- - ``(i) except as provided in paragraphs (3) - and (4), and subject to paragraph (2), - identifies each beneficial owner by-- - ``(I) full legal name; - ``(II) date of birth; - ``(III) current residential or - business street address; and - ``(IV) a unique identifying number - from a non-expired passport issued by - the United States, a non-expired - personal identification card, or a non- - expired driver's license issued by a - State; and - ``(ii) if the applicant is not a beneficial - owner, also provides the identification - information described in clause (i) relating to - such applicant. - ``(B) Updated information.--Each corporation or - limited liability company formed under the laws of a - State or Indian Tribe shall-- - ``(i) submit to FinCEN an annual filing - containing a list of-- - ``(I) the current beneficial owners - of the corporation or limited liability - company and the information described - in subparagraph (A) for each such - beneficial owner; and - ``(II) any changes in the - beneficial owners of the corporation or - limited liability company during the - previous year; and - ``(ii) pursuant to any rule issued by the - Secretary of the Treasury under subparagraph - (C), update the list of the beneficial owners - of the corporation or limited liability company - within the time period prescribed by such rule. - ``(C) Rulemaking on updating information.--Not - later than 9 months after the completion of the study - required under section 4(a)(1) of the Corporate - Transparency Act of 2019, the Secretary of the Treasury - shall consider the findings of such study and, if the - Secretary determines it to be necessary or appropriate, - issue a rule requiring corporations and limited - liability companies to update the list of the - beneficial owners of the corporation or limited - liability company within a specified amount of time - after the date of any change in the list of beneficial - owners or the information required to be provided - relating to each beneficial owner. - ``(D) State notification.--Each State in which a - corporation or limited liability company is being - formed shall notify each applicant of the requirements - listed in subparagraphs (A) and (B). - ``(2) Certain beneficial owners.--If an applicant to form a - corporation or limited liability company or a beneficial owner, - or similar agent of a corporation or limited liability company - who is required to provide identification information under - this subsection, does not have a nonexpired passport issued by - the United States, a nonexpired personal identification card, - or a non-expired driver's license issued by a State, each such - person shall provide to FinCEN the full legal name, current - residential or business street address, a unique identifying - number from a non-expired passport issued by a foreign - government, and a legible and credible copy of the pages of a - non-expired passport issued by the government of a foreign - country bearing a photograph, date of birth, and unique - identifying information for each beneficial owner, and each - application described in paragraph (1)(A) and each update - described in paragraph (1)(B) shall include a written - certification by a person residing in the State or Indian - country under the jurisdiction of the Indian Tribe forming the - entity that the applicant, corporation, or limited liability - company-- - ``(A) has obtained for each such beneficial owner, - a current residential or business street address and a - legible and credible copy of the pages of a non-expired - passport issued by the government of a foreign country - bearing a photograph, date of birth, and unique - identifying information for the person; - ``(B) has verified the full legal name, address, - and identity of each such person; - ``(C) will provide the information described in - subparagraph (A) and the proof of verification - described in subparagraph (B) upon request of FinCEN; - and - ``(D) will retain the information and proof of - verification under this paragraph until the end of the - 5-year period beginning on the date that the - corporation or limited liability company terminates - under the laws of the State or Indian Tribe. - ``(3) Exempt entities.-- - ``(A) In general.--With respect to an applicant to - form a corporation or limited liability company under - the laws of a State or Indian Tribe, if such entity is - described in subparagraph (C) or (D) of subsection - (d)(4) and will be exempt from the beneficial ownership - disclosure requirements under this subsection, such - applicant, or a prospective officer, director, or - similar agent of the applicant, shall file a written - certification with FinCEN-- - ``(i) identifying the specific provision of - subsection (d)(4) under which the entity - proposed to be formed would be exempt from the - beneficial ownership disclosure requirements - under paragraphs (1) and (2); - ``(ii) stating that the entity proposed to - be formed meets the requirements for an entity - described under such provision of subsection - (d)(4); and - ``(iii) providing identification - information for the applicant or prospective - officer, director, or similar agent making the - certification in the same manner as provided - under paragraph (1) or (2). - ``(B) Existing corporations or limited liability - companies.--On and after the date that is 2 years after - the final regulations are issued to carry out this - section, a corporation or limited liability company - formed under the laws of the State or Indian Tribe - before such date shall be subject to the requirements - of this subsection unless an officer, director, or - similar agent of the entity submits to FinCEN a written - certification-- - ``(i) identifying the specific provision of - subsection (d)(4) under which the entity is - exempt from the requirements under paragraphs - (1) and (2); - ``(ii) stating that the entity meets the - requirements for an entity described under such - provision of subsection (d)(4); and - ``(iii) providing identification - information for the officer, director, or - similar agent making the certification in the - same manner as provided under paragraph (1) or - (2). - ``(C) Exempt entities having ownership interest.-- - If an entity described in subparagraph (C) or (D) of - subsection (d)(4) has or will have an ownership - interest in a corporation or limited liability company - formed or to be formed under the laws of a State or - Indian Tribe, the applicant, corporation, or limited - liability company in which the entity has or will have - the ownership interest shall provide the information - required under this subsection relating to the entity, - except that the entity shall not be required to provide - information regarding any natural person who has an - ownership interest in, exercises substantial control - over, or receives substantial economic benefits from - the entity. - ``(4) FinCEN id numbers.-- - ``(A) Issuance of fincen id number.-- - ``(i) In general.--FinCEN shall issue a - FinCEN ID number to any individual who requests - such a number and provides FinCEN with the - information described under subclauses (I) - through (IV) of paragraph (1)(A)(i). - ``(ii) Updating of information.--An - individual with a FinCEN ID number shall submit - an annual filing with FinCEN updating any - information described under subclauses (I) - through (IV) of paragraph (1)(A)(i). - ``(B) Use of fincen id number in reporting - requirements.--Any person required to report the - information described under paragraph (1)(A)(i) with - respect to an individual may instead report the FinCEN - ID number of the individual. - ``(C) Treatment of information submitted for fincen - id number.--For purposes of this section, any - information submitted under subparagraph (A) shall be - deemed to be beneficial ownership information. - ``(5) Retention and disclosure of beneficial ownership - information by fincen.-- - ``(A) Retention of information.--Beneficial - ownership information relating to each corporation or - limited liability company formed under the laws of the - State or Indian Tribe shall be maintained by FinCEN - until the end of the 5-year period (or such other - period of time as the Secretary of the Treasury may, by - rule, determine) beginning on the date that the - corporation or limited liability company terminates. - ``(B) Disclosure of information.--Beneficial - ownership information reported to FinCEN pursuant to - this section shall be provided by FinCEN only upon - receipt of-- - ``(i) subject to subparagraph (C), a - request, through appropriate protocols, by a - local, Tribal, State, or Federal law - enforcement agency; - ``(ii) a request made by a Federal agency - on behalf of a law enforcement agency of - another country under an international treaty, - agreement, or convention, or an order under - section 3512 of title 18 or section 1782 of - title 28; or - ``(iii) a request made by a financial - institution, with customer consent, as part of - the institution's compliance with due diligence - requirements imposed under the Bank Secrecy - Act, the USA PATRIOT Act, or other applicable - Federal, State, or Tribal law. - ``(C) Appropriate protocols.-- - ``(i) Privacy.--The protocols described in - subparagraph (B)(i) shall-- - ``(I) protect the privacy of any - beneficial ownership information - provided by FinCEN to a local, Tribal, - State, or Federal law enforcement - agency; - ``(II) ensure that a local, Tribal, - State, or Federal law enforcement - agency requesting beneficial ownership - information has an existing - investigatory basis for requesting such - information; - ``(III) ensure that access to - beneficial ownership information is - limited to authorized users at a local, - Tribal, State, or Federal law - enforcement agency who have undergone - appropriate training, and refresher - training no less than every 2 years, - and that the identity of such - authorized users is verified through - appropriate mechanisms, such as two- - factor authentication; - ``(IV) include an audit trail of - requests for beneficial ownership - information by a local, Tribal, State, - or Federal law enforcement agency, - including, as necessary, information - concerning queries made by authorized - users at a local, Tribal, State, or - Federal law enforcement agency; - ``(V) require that every local, - Tribal, State, or Federal law - enforcement agency that receives - beneficial ownership information from - FinCEN conducts an annual audit to - verify that the beneficial ownership - information received from FinCEN has - been accessed and used appropriately, - and consistent with this paragraph; and - ``(VI) require FinCEN to conduct an - annual audit of every local, Tribal, - State, or Federal law enforcement - agency that has received beneficial - ownership information to ensure that - such agency has requested beneficial - ownership information, and has used any - beneficial ownership information - received from FinCEN, appropriately, - and consistent with this paragraph. - ``(ii) Limitation on use.--Beneficial - ownership information provided to a local, - Tribal, State, or Federal law enforcement - agency under this paragraph may only be used - for law enforcement, national security, or - intelligence purposes. - ``(D) Access procedures.--FinCEN shall establish - stringent procedures for the protection and proper use - of beneficial ownership information disclosed pursuant - to subparagraph (B), including procedures to ensure - such information is not being inappropriately accessed - or misused by law enforcement agencies. - ``(E) Report to congress.--FinCEN shall issue an - annual report to Congress stating-- - ``(i) the number of times law enforcement - agencies and financial institutions have - accessed beneficial ownership information - pursuant to subparagraph (B); - ``(ii) the number of times beneficial - ownership information reported to FinCEN - pursuant to this section was inappropriately - accessed, and by whom; and - ``(iii) the number of times beneficial - ownership information was disclosed under - subparagraph (B) pursuant to a subpoena. - ``(F) Disclosure of non-pii data.--Notwithstanding - subparagraph (B), FinCEN may issue guidance and - otherwise make materials available to financial - institutions and the public using beneficial ownership - information reported pursuant to this section if such - information is aggregated in a manner that removes all - personally identifiable information. For purposes of - this subparagraph, `personally identifiable - information' includes information that would allow for - the identification of a particular corporation or - limited liability company. - ``(b) No Bearer Share Corporations or Limited Liability -Companies.--A corporation or limited liability company formed under the -laws of a State or Indian Tribe may not issue a certificate in bearer -form evidencing either a whole or fractional interest in the -corporation or limited liability company. - ``(c) Penalties.-- - ``(1) In general.--It shall be unlawful for any person to - affect interstate or foreign commerce by-- - ``(A) knowingly providing, or attempting to - provide, false or fraudulent beneficial ownership - information, including a false or fraudulent - identifying photograph, to FinCEN in accordance with - this section; - ``(B) willfully failing to provide complete or - updated beneficial ownership information to FinCEN in - accordance with this section; or - ``(C) knowingly disclosing the existence of a - subpoena or other request for beneficial ownership - information reported pursuant to this section, except-- - ``(i) to the extent necessary to fulfill - the authorized request; or - ``(ii) as authorized by the entity that - issued the subpoena, or other request. - ``(2) Civil and criminal penalties.--Any person who - violates paragraph (1)-- - ``(A) shall be liable to the United States for a - civil penalty of not more than $10,000; and - ``(B) may be fined under title 18, United States - Code, imprisoned for not more than 3 years, or both. - ``(3) Limitation.--Any person who negligently violates - paragraph (1) shall not be subject to civil or criminal - penalties under paragraph (2). - ``(4) Waiver.--The Secretary of the Treasury may waive the - penalty for violating paragraph (1) if the Secretary determines - that the violation was due to reasonable cause and was not due - to willful neglect. - ``(5) Criminal penalty for the misuse or unauthorized - disclosure of beneficial ownership information.--The criminal - penalties provided for under section 5322 shall apply to a - violation of this section to the same extent as such criminal - penalties apply to a violation described in section 5322, if - the violation of this section consists of the misuse or - unauthorized disclosure of beneficial ownership information. - ``(d) Definitions.--For the purposes of this section: - ``(1) Applicant.--The term `applicant' means any natural - person who files an application to form a corporation or - limited liability company under the laws of a State or Indian - Tribe. - ``(2) Bank secrecy act.--The term `Bank Secrecy Act' - means-- - ``(A) section 21 of the Federal Deposit Insurance - Act; - ``(B) chapter 2 of title I of Public Law 91-508; - and - ``(C) this subchapter. - ``(3) Beneficial owner.-- - ``(A) In general.--Except as provided in - subparagraph (B), the term `beneficial owner' means a - natural person who, directly or indirectly, through any - contract, arrangement, understanding, relationship, or - otherwise-- - ``(i) exercises substantial control over a - corporation or limited liability company; - ``(ii) owns 25 percent or more of the - equity interests of a corporation or limited - liability company; or - ``(iii) receives substantial economic - benefits from the assets of a corporation or - limited liability company. - ``(B) Exceptions.--The term `beneficial owner' - shall not include-- - ``(i) a minor child, as defined in the - State or Indian Tribe in which the entity is - formed; - ``(ii) a person acting as a nominee, - intermediary, custodian, or agent on behalf of - another person; - ``(iii) a person acting solely as an - employee of a corporation or limited liability - company and whose control over or economic - benefits from the corporation or limited - liability company derives solely from the - employment status of the person; - ``(iv) a person whose only interest in a - corporation or limited liability company is - through a right of inheritance; or - ``(v) a creditor of a corporation or - limited liability company, unless the creditor - also meets the requirements of subparagraph - (A). - ``(C) Substantial economic benefits defined.-- - ``(i) In general.--For purposes of - subparagraph (A)(ii), a natural person receives - substantial economic benefits from the assets - of a corporation or limited liability company - if the person has an entitlement to more than a - specified percentage of the funds or assets of - the corporation or limited liability company, - which the Secretary of the Treasury shall, by - rule, establish. - ``(ii) Rulemaking criteria.--In - establishing the percentage under clause (i), - the Secretary of the Treasury shall seek to-- - ``(I) provide clarity to - corporations and limited liability - companies with respect to the - identification and disclosure of a - natural person who receives substantial - economic benefits from the assets of a - corporation or limited liability - company; and - ``(II) identify those natural - persons who, as a result of the - substantial economic benefits they - receive from the assets of a - corporation or limited liability - company, exercise a dominant influence - over such corporation or limited - liability company. - ``(4) Corporation; limited liability company.--The terms - `corporation' and `limited liability company'-- - ``(A) have the meanings given such terms under the - laws of the applicable State or Indian Tribe; - ``(B) include any non-United States entity eligible - for registration or registered to do business as a - corporation or limited liability company under the laws - of the applicable State or Indian Tribe; - ``(C) do not include any entity that is-- - ``(i) a business concern that is an issuer - of a class of securities registered under - section 12 of the Securities Exchange Act of - 1934 (15 U.S.C. 781) or that is required to - file reports under section 15(d) of that Act - (15 U.S.C. 78o(d)); - ``(ii) a business concern constituted, - sponsored, or chartered by a State or Indian - Tribe, a political subdivision of a State or - Indian Tribe, under an interstate compact - between two or more States, by a department or - agency of the United States, or under the laws - of the United States; - ``(iii) a bank, as defined under-- - ``(I) section 2(a) of the - Investment Company Act of 1940 (15 - U.S.C. 80a-2(a)); or - ``(II) section 202(a) of the - Investment Advisers Act of 1940 (15 - U.S.C. 80b-2(a)); - ``(iv) a credit union (as defined in - section 101 of the Federal Credit Union Act (12 - U.S.C. 1752)); - ``(v) a bank holding company (as defined in - section 2 of the Bank Holding Company Act of - 1956 (12 U.S.C. 1841)) or a savings and loan - holding company (as defined in section 10(a) of - the Home Owners' Loan Act (12 U.S.C. 1467a(a)); - ``(vi) a broker or dealer (as defined in - section 3 of the Securities Exchange Act of - 1934 (15 U.S.C. 78c)) that is registered under - section 15 of the Securities Exchange Act of - 1934 (15 U.S.C. 78o); - ``(vii) an exchange or clearing agency (as - defined in section 3 of the Securities Exchange - Act of 1934 (15 U.S.C. 78c)) that is registered - under section 6 or 17A of the Securities - Exchange Act of 1934 (15 U.S.C. 78f and 78q-1); - ``(viii) an investment company (as defined - in section 3 of the Investment Company Act of - 1940 (15 U.S.C. 80a-3)) or an investment - adviser (as defined in section 202(11) of the - Investment Advisers Act of 1940 (15 U.S.C. 80b- - 2(11))), if the company or adviser is - registered with the Securities and Exchange - Commission, has filed an application for - registration which has not been denied, under - the Investment Company Act of 1940 (15 U.S.C. - 80a-1 et seq.) or the Investment Adviser Act of - 1940 (15 U.S.C. 80b-1 et seq.), or is an - investment adviser described under section - 203(l) of the Investment Advisers Act of 1940 - (15 U.S.C. 80b-3(l)); - ``(ix) an insurance company (as defined in - section 2 of the Investment Company Act of 1940 - (15 U.S.C. 80a-2)); - ``(x) a registered entity (as defined in - section 1a of the Commodity Exchange Act (7 - U.S.C. 1a)), or a futures commission merchant, - introducing broker, commodity pool operator, or - commodity trading advisor (as defined in - section 1a of the Commodity Exchange Act (7 - U.S.C. 1a)) that is registered with the - Commodity Futures Trading Commission; - ``(xi) a public accounting firm registered - in accordance with section 102 of the Sarbanes- - Oxley Act (15 U.S.C. 7212) or an entity - controlling, controlled by, or under common - control of such a firm; - ``(xii) a public utility that provides - telecommunications service, electrical power, - natural gas, or water and sewer services, - within the United States; - ``(xiii) a church, charity, nonprofit - entity, or other organization that is described - in section 501(c), 527, or 4947(a)(1) of the - Internal Revenue Code of 1986, that has not - been denied tax exempt status, and that has - filed the most recently due annual information - return with the Internal Revenue Service, if - required to file such a return; - ``(xiv) a financial market utility - designated by the Financial Stability Oversight - Council under section 804 of the Dodd-Frank - Wall Street Reform and Consumer Protection Act; - ``(xv) an insurance producer (as defined in - section 334 of the Gramm-Leach-Bliley Act); - ``(xvi) any pooled investment vehicle that - is operated or advised by a person described in - clause (iii), (iv), (v), (vi), (viii), (ix), or - (xi); - ``(xvii) any business concern that-- - ``(I) employs more than 20 - employees on a full-time basis in the - United States; - ``(II) files income tax returns in - the United States demonstrating more - than $5,000,000 in gross receipts or - sales; and - ``(III) has an operating presence - at a physical office within the United - States; or - ``(xviii) any corporation or limited - liability company formed and owned by an entity - described in this clause or in clause (i), - (ii), (iii), (iv), (v), (vi), (vii), (viii), - (ix), (x), (xi), (xii), (xiii), (xiv), (xv), or - (xvi); and - ``(D) do not include any individual business - concern or class of business concerns which the - Secretary of the Treasury and the Attorney General of - the United States have jointly determined, by rule of - otherwise, to be exempt from the requirements of - subsection (a), if the Secretary and the Attorney - General jointly determine that requiring beneficial - ownership information from the business concern would - not serve the public interest and would not assist law - enforcement efforts to detect, prevent, or prosecute - terrorism, money laundering, tax evasion, or other - misconduct. - ``(5) Fincen.--The term `FinCEN' means the Financial Crimes - Enforcement Network of the Department of the Treasury. - ``(6) Indian country.--The term `Indian country' has the - meaning given that term in section 1151 of title 18. - ``(7) Indian tribe.--The term `Indian Tribe' has the - meaning given that term under section 102 of the Federally - Recognized Indian Tribe List Act of 1994. - ``(8) Personal identification card.--The term `personal - identification card' means an identification document issued by - a State, Indian Tribe, or local government to an individual - solely for the purpose of identification of that individual. - ``(9) State.--The term `State' means any State, - commonwealth, territory, or possession of the United States, - the District of Columbia, the Commonwealth of Puerto Rico, the - Commonwealth of the Northern Mariana Islands, American Samoa, - Guam, or the United States Virgin Islands.''. - (2) Rulemaking.-- - (A) In general.--Not later than 1 year after the - date of enactment of this Act, the Secretary of the - Treasury shall issue regulations to carry out this - division and the amendments made by this division, - including, to the extent necessary, to clarify the - definitions in section 5333(d) of title 31, United - States Code. - (B) Revision of final rule.--Not later than 1 year - after the date of enactment of this Act, the Secretary - of the Treasury shall revise the final rule titled - ``Customer Due Diligence Requirements for Financial - Institutions'' (May 11, 2016; 81 Fed. Reg. 29397) to-- - (i) bring the rule into conformance with - this division and the amendments made by this - division; - (ii) account for financial institutions' - access to comprehensive beneficial ownership - information filed by corporations and limited - liability companies, under threat of civil and - criminal penalties, under this division and the - amendments made by this division; and - (iii) reduce any burdens on financial - institutions that are, in light of the - enactment of this division and the amendments - made by this division, unnecessary or - duplicative. - (3) Conforming amendments.--Title 31, United States Code, - is amended-- - (A) in section 5321(a)-- - (i) in paragraph (1), by striking - ``sections 5314 and 5315'' each place it - appears and inserting ``sections 5314, 5315, - and 5333''; and - (ii) in paragraph (6), by inserting - ``(except section 5333)'' after ``subchapter'' - each place it appears; and - (B) in section 5322, by striking ``section 5315 or - 5324'' each place it appears and inserting ``section - 5315, 5324, or 5333''. - (4) Table of contents.--The table of contents of chapter 53 - of title 31, United States Code, is amended by inserting after - the item relating to section 5332 the following: - -``5333. Transparent incorporation practices.''. - (b) Authorization of Appropriations.--There is authorized to be -appropriated $20,000,000 for each of fiscal years 2021 and 2022 to the -Financial Crimes Enforcement Network to carry out this division and the -amendments made by this division. - (c) Federal Contractors.--Not later than the first day of the first -full fiscal year beginning at least 1 year after the date of the -enactment of this Act, the Administrator for Federal Procurement Policy -shall revise the Federal Acquisition Regulation maintained under -section 1303(a)(1) of title 41, United States Code, to require any -contractor or subcontractor who is subject to the requirement to -disclose beneficial ownership information under section 5333 of title -31, United States Code, to provide the information required to be -disclosed under such section to the Federal Government as part of any -bid or proposal for a contract with a value threshold in excess of the -simplified acquisition threshold under section 134 of title 41, United -States Code. - -SEC. 6004. STUDIES AND REPORTS. - - (a) Updating of Beneficial Ownership Information.-- - (1) Study.--The Secretary of the Treasury, in consultation - with the Attorney General of the United States, shall conduct a - study to evaluate-- - (A) the necessity of a requirement for corporations - and limited liability companies to update the list of - their beneficial owners within a specified amount of - time after the date of any change in the list of - beneficial owners or the information required to be - provided relating to each beneficial owner, taking into - account the annual filings required under section - 5333(a)(1)(B)(i) of title 31, United States Code, and - the information contained in such annual filings; and - (B) the burden that a requirement to update the - list of beneficial owners within a specified period of - time after a change in such list of beneficial owners - would impose on corporations and limited liability - companies. - (2) Report.--Not later than 1 year after the date of - enactment of this Act, the Secretary of the Treasury shall - submit a report on the study required under paragraph (1) to - the Committee on Financial Services of the House of - Representatives and the Committee on Banking, Housing, and - Urban Affairs of the Senate. - (3) Public comment.--The Secretary of the Treasury shall - seek and consider public input, comments, and data in order to - conduct the study required under subparagraph paragraph (1). - (b) Other Legal Entities.--Not later than 2 years after the date of -enactment of this Act, the Comptroller General of the United States -shall conduct a study and submit to the Congress a report-- - (1) identifying each State or Indian Tribe that has - procedures that enable persons to form or register under the - laws of the State or Indian Tribe partnerships, trusts, or - other legal entities, and the nature of those procedures; - (2) identifying each State or Indian Tribe that requires - persons seeking to form or register partnerships, trusts, or - other legal entities under the laws of the State or Indian - Tribe to provide information about the beneficial owners (as - that term is defined in section 5333(d)(1) of title 31, United - States Code, as added by this division) or beneficiaries of - such entities, and the nature of the required information; - (3) evaluating whether the lack of available beneficial - ownership information for partnerships, trusts, or other legal - entities-- - (A) raises concerns about the involvement of such - entities in terrorism, money laundering, tax evasion, - securities fraud, or other misconduct; - (B) has impeded investigations into entities - suspected of such misconduct; and - (C) increases the costs to financial institutions - of complying with due diligence requirements imposed - under the Bank Secrecy Act, the USA PATRIOT Act, or - other applicable Federal, State, or Tribal law; and - (4) evaluating whether the failure of the United States to - require beneficial ownership information for partnerships and - trusts formed or registered in the United States has elicited - international criticism and what steps, if any, the United - States has taken or is planning to take in response. - (c) Effectiveness of Incorporation Practices.--Not later than 5 -years after the date of enactment of this Act, the Comptroller General -of the United States shall conduct a study and submit to the Congress a -report assessing the effectiveness of incorporation practices -implemented under this division and the amendments made by this -division in-- - (1) providing law enforcement agencies with prompt access - to reliable, useful, and complete beneficial ownership - information; and - (2) strengthening the capability of law enforcement - agencies to combat incorporation abuses, civil and criminal - misconduct, and detect, prevent, or punish terrorism, money - laundering, tax evasion, or other misconduct. - (d) Annual Report on Beneficial Ownership Information.-- - (1) Report.--The Secretary of the Treasury shall issue an - annual report to the Committee on Financial Services of the - House of Representatives and the Committee on Banking, Housing, - and Urban Affairs of the Senate with respect to the beneficial - ownership information collected pursuant to section 5333 of - title 31, United States Code, that contains-- - (A) aggregate data on the number of beneficial - owners per reporting corporation or limited liability - company; - (B) the industries or type of business of each - reporting corporation or limited liability company; and - (C) the locations of the beneficial owners. - (2) Privacy.--In issuing reports under paragraph (1), the - Secretary shall not reveal the identities of beneficial owners - or names of the reporting corporations or limited liability - companies. - -SEC. 6005. DEFINITIONS. - - In this division, the terms ``Bank Secrecy Act'', ``beneficial -owner'', ``corporation'', and ``limited liability company'' have the -meaning given those terms, respectively, under section 5333(d) of title -31, United States Code. - - DIVISION G--COUNTER ACT OF 2019 - -SEC. 7001. SHORT TITLE. - - This division may be cited as the ``Coordinating Oversight, -Upgrading and Innovating Technology, and Examiner Reform Act of 2019'' -or the ``COUNTER Act of 2019''. - -SEC. 7002. BANK SECRECY ACT DEFINITION. - - Section 5312(a) of title 31, United States Code, is amended by -adding at the end the following: - ``(7) Bank secrecy act.--The term `Bank Secrecy Act' - means-- - ``(A) section 21 of the Federal Deposit Insurance - Act; - ``(B) chapter 2 of title I of Public Law 91-508; - and - ``(C) this subchapter.''. - - TITLE I--STRENGTHENING TREASURY - -SEC. 7101. IMPROVING THE DEFINITION AND PURPOSE OF THE BANK SECRECY - ACT. - - Section 5311 of title 31, United States Code, is amended-- - (1) by inserting ``to protect our national security, to - safeguard the integrity of the international financial system, - and'' before ``to require''; and - (2) by inserting ``to law enforcement and'' before ``in - criminal''. - -SEC. 7102. SPECIAL HIRING AUTHORITY. - - (a) In General.--Section 310 of title 31, United States Code, is + This division may be cited as the ``Anti-Money Laundering Act of +2020''. +SEC. 6002. PURPOSES. + The purposes of this division are-- + (1) to improve coordination and information sharing among the + agencies tasked with administering anti-money laundering and + countering the financing of terrorism requirements, the agencies + that examine financial institutions for compliance with those + requirements, Federal law enforcement agencies, national security + agencies, the intelligence community, and financial institutions; + (2) to modernize anti-money laundering and countering the + financing of terrorism laws to adapt the government and private + sector response to new and emerging threats; + (3) to encourage technological innovation and the adoption of + new technology by financial institutions to more effectively + counter money laundering and the financing of terrorism; + (4) to reinforce that the anti-money laundering and countering + the financing of terrorism policies, procedures, and controls of + financial institutions shall be risk-based; + (5) to establish uniform beneficial ownership information + reporting requirements to-- + (A) improve transparency for national security, + intelligence, and law enforcement agencies and financial + institutions concerning corporate structures and insight into + the flow of illicit funds through those structures; + (B) discourage the use of shell corporations as a tool to + disguise and move illicit funds; + (C) assist national security, intelligence, and law + enforcement agencies with the pursuit of crimes; and + (D) protect the national security of the United States; and + (6) to establish a secure, nonpublic database at FinCEN for + beneficial ownership information. +SEC. 6003. DEFINITIONS. + In this division: + (1) Bank secrecy act.--The term ``Bank Secrecy Act'' means-- + (A) section 21 of the Federal Deposit Insurance Act (12 + U.S.C. 1829b); + (B) chapter 2 of title I of Public Law 91-508 (12 U.S.C. + 1951 et seq.); and + (C) subchapter II of chapter 53 of title 31, United States + Code. + (2) Electronic fund transfer.--The term ``electronic fund + transfer'' has the meaning given the term in section 903 of the + Electronic Fund Transfer Act (15 U.S.C. 1693a). + (3) Federal functional regulator.--The term ``Federal + functional regulator''-- + (A) has the meaning given the term in section 509 of the + Gramm-Leach-Bliley Act (15 U.S.C. 6809); and + (B) includes any Federal regulator that examines a + financial institution for compliance with the Bank Secrecy Act. + (4) Financial agency.--The term ``financial agency'' has the + meaning given the term in section 5312(a) of title 31, United + States Code, as amended by section 6102 of this division. + (5) Financial institution.--The term ``financial + institution''-- + (A) has the meaning given the term in section 5312 of title + 31, United States Code; and + (B) includes-- + (i) an electronic fund transfer network; and + (ii) a clearing and settlement system. + (6) FinCEN.--The term ``FinCEN'' means the Financial Crimes + Enforcement Network of the Department of the Treasury. + (7) Secretary.--The term ``Secretary'' means the Secretary of + the Treasury. + (8) State bank supervisor.--The term ``State bank supervisor'' + has the meaning given the term in section 3 of the Federal Deposit + Insurance Act (12 U.S.C. 1813). + (9) State credit union supervisor.--The term ``State credit + union supervisor'' means a State official described in section + 107A(e) of the Federal Credit Union Act (12 U.S.C. 1757a(e)). + + TITLE LXI--STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTI-MONEY + LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS + +Sec. 6101. Establishment of national exam and supervision priorities. +Sec. 6102. Strengthening FinCEN. +Sec. 6103. FinCEN Exchange. +Sec. 6104. Interagency anti-money laundering and countering the + financing of terrorism personnel rotation program. +Sec. 6105. Terrorism and financial intelligence special hiring + authority. +Sec. 6106. Treasury Attache program. +Sec. 6107. Establishment of FinCEN Domestic Liaisons. +Sec. 6108. Foreign Financial Intelligence Unit Liaisons. +Sec. 6109. Protection of information exchanged with foreign law + enforcement and financial intelligence units. +Sec. 6110. Bank Secrecy Act application to dealers in antiquities and + assessment of Bank Secrecy Act application to dealers in arts. +Sec. 6111. Increasing technical assistance for international + cooperation. +Sec. 6112. International coordination. +SEC. 6101. ESTABLISHMENT OF NATIONAL EXAM AND SUPERVISION PRIORITIES. + (a) Declaration of Purpose.--Subchapter II of chapter 53 of title +31, United States Code, is amended by striking section 5311 and +inserting the following: +``Sec. 5311. Declaration of purpose + ``It is the purpose of this subchapter (except section 5315) to-- + ``(1) require certain reports or records that are highly useful + in-- + ``(A) criminal, tax, or regulatory investigations, risk + assessments, or proceedings; or + ``(B) intelligence or counterintelligence activities, + including analysis, to protect against terrorism; + ``(2) prevent the laundering of money and the financing of + terrorism through the establishment by financial institutions of + reasonably designed risk-based programs to combat money laundering + and the financing of terrorism; + ``(3) facilitate the tracking of money that has been sourced + through criminal activity or is intended to promote criminal or + terrorist activity; + ``(4) assess the money laundering, terrorism finance, tax + evasion, and fraud risks to financial institutions, products, or + services to-- + ``(A) protect the financial system of the United States + from criminal abuse; and + ``(B) safeguard the national security of the United States; + and + ``(5) establish appropriate frameworks for information sharing + among financial institutions, their agents and service providers, + their regulatory authorities, associations of financial + institutions, the Department of the Treasury, and law enforcement + authorities to identify, stop, and apprehend money launderers and + those who finance terrorists.''. + (b) Anti-money Laundering Programs.--Section 5318 of title 31, +United States Code, is amended-- + (1) in subsection (a)(1), by striking ``subsection (b)(2)'' and + inserting ``subsections (b)(2) and (h)(4)''; and + (2) in subsection (h)-- + (A) in paragraph (1), in the matter preceding subparagraph + (A)-- + (i) by inserting ``and the financing of terrorism'' + after ``money laundering''; and + (ii) by inserting ``and countering the financing of + terrorism'' after ``anti-money laundering''; + (B) in paragraph (2)-- + (i) by striking ``The Secretary'' and inserting the + following: + ``(A) In general.--The Secretary''; and + (ii) by adding at the end the following: + ``(B) Factors.--In prescribing the minimum standards under + subparagraph (A), and in supervising and examining compliance + with those standards, the Secretary of the Treasury, and the + appropriate Federal functional regulator (as defined in section + 509 of the Gramm-Leach-Bliley Act (12 U.S.C. 6809)) shall take + into account the following: + ``(i) Financial institutions are spending private + compliance funds for a public and private benefit, + including protecting the United States financial system + from illicit finance risks. + ``(ii) The extension of financial services to the + underbanked and the facilitation of financial transactions, + including remittances, coming from the United States and + abroad in ways that simultaneously prevent criminal persons + from abusing formal or informal financial services networks + are key policy goals of the United States. + ``(iii) Effective anti-money laundering and countering + the financing of terrorism programs safeguard national + security and generate significant public benefits by + preventing the flow of illicit funds in the financial + system and by assisting law enforcement and national + security agencies with the identification and prosecution + of persons attempting to launder money and undertake other + illicit activity through the financial system. + ``(iv) Anti-money laundering and countering the + financing of terrorism programs described in paragraph (1) + should be-- + + ``(I) reasonably designed to assure and monitor + compliance with the requirements of this subchapter and + regulations promulgated under this subchapter; and + ``(II) risk-based, including ensuring that more + attention and resources of financial institutions + should be directed toward higher-risk customers and + activities, consistent with the risk profile of a + financial institution, rather than toward lower-risk + customers and activities.''; and + + (C) by adding at the end the following: + ``(4) Priorities.-- + ``(A) In general.--Not later than 180 days after the date + of enactment of this paragraph, the Secretary of the Treasury, + in consultation with the Attorney General, Federal functional + regulators (as defined in section 509 of the Gramm-Leach-Bliley + Act (15 U.S.C. 6809)), relevant State financial regulators, and + relevant national security agencies, shall establish and make + public priorities for anti-money laundering and countering the + financing of terrorism policy. + ``(B) Updates.--Not less frequently than once every 4 + years, the Secretary of the Treasury, in consultation with the + Attorney General, Federal functional regulators (as defined in + section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)), + relevant State financial regulators, and relevant national + security agencies, shall update the priorities established + under subparagraph (A). + ``(C) Relation to national strategy.--The Secretary of the + Treasury shall ensure that the priorities established under + subparagraph (A) are consistent with the national strategy for + countering the financing of terrorism and related forms of + illicit finance developed under section 261 of the Countering + Russian Influence in Europe and Eurasia Act of 2017 (Public Law + 115-44; 131 Stat. 934). + ``(D) Rulemaking.--Not later than 180 days after the date + on which the Secretary of the Treasury establishes the + priorities under subparagraph (A), the Secretary of the + Treasury, acting through the Director of the Financial Crimes + Enforcement Network and in consultation with the Federal + functional regulators (as defined in section 509 of the Gramm- + Leach-Bliley Act (15 U.S.C. 6809)) and relevant State financial + regulators, shall, as appropriate, promulgate regulations to + carry out this paragraph. + ``(E) Supervision and examination.--The review by a + financial institution of the priorities established under + subparagraph (A) and the incorporation of those priorities, as + appropriate, into the risk-based programs established by the + financial institution to meet obligations under this + subchapter, the USA PATRIOT Act (Public Law 107-56; 115 Stat. + 272), and other anti-money laundering and countering the + financing of terrorism laws and regulations shall be included + as a measure on which a financial institution is supervised and + examined for compliance with those obligations. + ``(5) Duty.--The duty to establish, maintain and enforce an + anti-money laundering and countering the financing of terrorism + program as required by this subsection shall remain the + responsibility of, and be performed by, persons in the United + States who are accessible to, and subject to oversight and + supervision by, the Secretary of the Treasury and the appropriate + Federal functional regulator (as defined in section 509 of the + Gramm-Leach-Bliley Act (15 U.S.C. 6809)).''. + (c) Financial Crimes Enforcement Network.--Section 310(b)(2) of +title 31, United States Code, is amended-- + (1) by redesignating subparagraph (J) as subparagraph (O); and + (2) by inserting after subparagraph (I) the following: + ``(J) Promulgate regulations under section 5318(h)(4)(D), + as appropriate, to implement the government-wide anti-money + laundering and countering the financing of terrorism priorities + established by the Secretary of the Treasury under section + 5318(h)(4)(A). + ``(K) Communicate regularly with financial institutions and + Federal functional regulators that examine financial + institutions for compliance with subchapter II of chapter 53 + and regulations promulgated under that subchapter and law + enforcement authorities to explain the United States + Government's anti-money laundering and countering the financing + of terrorism priorities. + ``(L) Give and receive feedback to and from financial + institutions, State bank supervisors, and State credit union + supervisors (as those terms are defined in section 6003 of the + Anti-Money Laundering Act of 2020) regarding the matters + addressed in subchapter II of chapter 53 and regulations + promulgated under that subchapter. + ``(M) Maintain money laundering and terrorist financing + investigation financial experts capable of identifying, + tracking, and analyzing financial crime networks and + identifying emerging threats to support Federal civil and + criminal investigations. + ``(N) Maintain emerging technology experts to encourage the + development of and identify emerging technologies that can + assist the United States Government or financial institutions + in countering money laundering and the financing of + terrorism.''. +SEC. 6102. STRENGTHENING FINCEN. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the mission of FinCEN should be to continue to safeguard + the financial system from illicit activity, counter money + laundering and the financing of terrorism, and promote national + security through strategic use of financial authorities and the + collection, analysis, and dissemination of financial intelligence; + (2) in its mission to safeguard the financial system from the + abuses of financial crime, the United States should prioritize + working with partners in Federal, State, local, Tribal, and foreign + law enforcement authorities; + (3) although the use and trading of virtual currencies are + legal practices, some terrorists and criminals, including + transnational criminal organizations, seek to exploit + vulnerabilities in the global financial system and increasingly + rely on substitutes for currency, including emerging payment + methods (such as virtual currencies), to move illicit funds; and + (4) in carrying out its mission, FinCEN should ensure that its + efforts fully support countering the financing of terrorism + efforts, including making sure that steps to address emerging + methods of such illicit financing are high priorities. + (b) Expanding Information Sharing With Tribal Authorities.--Section +310(b)(2) of title 31, United States Code, is amended-- + (1) in subparagraphs (C), (E), and (F), by inserting + ``Tribal,'' after ``local,'' each place that term appears; and + (2) in subparagraph (C)(vi), by striking ``international''. + (c) Expansion of Reporting Authorities to Combat Money +Laundering.--Section 5318(a)(2) of title 31, United States Code, is amended-- - (1) by redesignating subsection (d) as subsection (g); and - (2) by inserting after subsection (c) the following: - ``(d) Special Hiring Authority.-- - ``(1) In general.--The Secretary of the Treasury may - appoint, without regard to the provisions of sections 3309 - through 3318 of title 5, candidates directly to positions in - the competitive service (as defined in section 2102 of that - title) in FinCEN. - ``(2) Primary responsibilities.--The primary responsibility - of candidates appointed pursuant to paragraph (1) shall be to - provide substantive support in support of the duties described - in subparagraphs (A), (B), (E), and (F) of subsection - (b)(2).''. - (b) Report.--Not later than 360 days after the date of enactment of -this Act, and every year thereafter for 7 years, the Director of the -Financial Crimes Enforcement Network shall submit a report to the -Committee on Financial Services of the House of Representatives and the -Committee on Banking, Housing, and Urban Affairs of the Senate that -includes-- - (1) the number of new employees hired since the preceding - report through the authorities described under section 310(d) - of title 31, United States Code, along with position titles and - associated pay grades for such hires; and - (2) a copy of any Federal Government survey of staff - perspectives at the Office of Terrorism and Financial - Intelligence, including findings regarding the Office and the - Financial Crimes Enforcement Network from the most recently - administered Federal Employee Viewpoint Survey. - -SEC. 7103. CIVIL LIBERTIES AND PRIVACY OFFICER. - - (a) Appointment of Officers.--Not later than the end of the 3-month -period beginning on the date of enactment of this Act, a Civil -Liberties and Privacy Officer shall be appointed, from among -individuals who are attorneys with expertise in data privacy laws-- - (1) within each Federal functional regulator, by the head - of the Federal functional regulator; - (2) within the Financial Crimes Enforcement Network, by the - Secretary of the Treasury; and - (3) within the Internal Revenue Service Small Business and - Self-Employed Tax Center, by the Secretary of the Treasury. - (b) Duties.--Each Civil Liberties and Privacy Officer shall, with -respect to the applicable regulator, Network, or Center within which -the Officer is located-- - (1) be consulted each time Bank Secrecy Act or anti-money - laundering regulations affecting civil liberties or privacy are - developed or reviewed; - (2) be consulted on information-sharing programs, including - those that provide access to personally identifiable - information; - (3) ensure coordination and clarity between anti-money - laundering, civil liberties, and privacy regulations; - (4) contribute to the evaluation and regulation of new - technologies that may strengthen data privacy and the - protection of personally identifiable information collected by - each Federal functional regulator; and - (5) develop metrics of program success. - (c) Definitions.--For purposes of this section: - (1) Bank secrecy act.--The term ``Bank Secrecy Act'' has - the meaning given that term under section 5312 of title 31, - United States Code. - (2) Federal functional regulator.--The term ``Federal - functional regulator'' means the Board of Governors of the - Federal Reserve System, the Comptroller of the Currency, the - Federal Deposit Insurance Corporation, the National Credit - Union Administration, the Securities and Exchange Commission, - and the Commodity Futures Trading Commission. - -SEC. 7104. CIVIL LIBERTIES AND PRIVACY COUNCIL. - - (a) Establishment.--There is established the Civil Liberties and -Privacy Council (hereinafter in this section referred to as the -``Council''), which shall consist of the Civil Liberties and Privacy -Officers appointed pursuant to section 7103. - (b) Chair.--The Director of the Financial Crimes Enforcement -Network shall serve as the Chair of the Council. - (c) Duty.--The members of the Council shall coordinate on -activities related to their duties as Civil Liberties Privacy Officers, -but may not supplant the individual agency determinations on civil -liberties and privacy. - (d) Meetings.--The meetings of the Council-- - (1) shall be at the call of the Chair, but in no case may - the Council meet less than quarterly; - (2) may include open and partially closed sessions, as - determined necessary by the Council; and - (3) shall include participation by public and private - entities, law enforcement agencies, and a representative of - State bank supervisors (as defined under section 3 of the - Federal Deposit Insurance Act (12 U.S.C. 1813)). - (e) Report.--The Chair of the Council shall issue an annual report -to the Congress on the program and policy activities, including the -success of programs as measured by metrics of program success developed -pursuant to section 7103(b)(5), of the Council during the previous year -and any legislative recommendations that the Council may have. - (f) Nonapplicability of FACA.--The Federal Advisory Committee Act -(5 U.S.C. App.) shall not apply to the Council. - -SEC. 7105. INTERNATIONAL COORDINATION. - - (a) In General.--The Secretary of the Treasury shall work with the -Secretary's foreign counterparts, including through the Financial -Action Task Force, the International Monetary Fund, the World Bank, the -Egmont Group of Financial Intelligence Units, the Organisation for -Economic Co-operation and Development, and the United Nations, to -promote stronger anti-money laundering frameworks and enforcement of -anti-money laundering laws. - (b) Cooperation Goal.--In carrying out subsection (a), the -Secretary of the Treasury may work directly with foreign counterparts -and other organizations where the goal of cooperation can best be met. - (c) International Monetary Fund.-- - (1) Support for capacity of the international monetary fund - to prevent money laundering and financing of terrorism.--Title - XVI of the International Financial Institutions Act (22 U.S.C. - 262p et seq.) is amended by adding at the end the following: - -``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO - PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM. - - ``The Secretary of the Treasury shall instruct the United States -Executive Director at the International Monetary Fund to support the -increased use of the administrative budget of the Fund for technical -assistance that strengthens the capacity of Fund members to prevent -money laundering and the financing of terrorism.''. - (2) National advisory council report to congress.--The - Chairman of the National Advisory Council on International - Monetary and Financial Policies shall include in the report - required by section 1701 of the International Financial - Institutions Act (22 U.S.C. 262r) a description of-- - (A) the activities of the International Monetary - Fund in the most recently completed fiscal year to - provide technical assistance that strengthens the - capacity of Fund members to prevent money laundering - and the financing of terrorism, and the effectiveness - of the assistance; and - (B) the efficacy of efforts by the United States to - support such technical assistance through the use of - the Fund's administrative budget, and the level of such - support. - (3) Sunset.--Effective on the date that is the end of the - 4-year period beginning on the date of enactment of this Act, - section 1629 of the International Financial Institutions Act, - as added by paragraph (1), is repealed. - -SEC. 7106. TREASURY ATTACHES PROGRAM. - - (a) In General.--Title 31, United States Code, is amended by -inserting after section 315 the following: -``Sec. 316. Treasury Attaches Program - ``(a) In General.--There is established the Treasury Attaches -Program, under which the Secretary of the Treasury shall appoint -employees of the Department of the Treasury, after nomination by the -Director of the Financial Crimes Enforcement Network (`FinCEN'), as a -Treasury attache, who shall-- - ``(1) be knowledgeable about the Bank Secrecy Act and anti- - money laundering issues; - ``(2) be co-located in a United States embassy; - ``(3) perform outreach with respect to Bank Secrecy Act and - anti-money laundering issues; - ``(4) establish and maintain relationships with foreign - counterparts, including employees of ministries of finance, - central banks, and other relevant official entities; - ``(5) conduct outreach to local and foreign financial - institutions and other commercial actors, including-- - ``(A) information exchanges through FinCEN and - FinCEN programs; and - ``(B) soliciting buy-in and cooperation for the - implementation of-- - ``(i) United States and multilateral - sanctions; and - ``(ii) international standards on anti- - money laundering and the countering of the - financing of terrorism; and - ``(6) perform such other actions as the Secretary - determines appropriate. - ``(b) Number of Attaches.--The number of Treasury attaches -appointed under this section at any one time shall be not fewer than 6 -more employees than the number of employees of the Department of the -Treasury serving as Treasury attaches on March 1, 2020. - ``(c) Compensation.--Each Treasury attache appointed under this -section and located at a United States embassy shall receive -compensation at the higher of-- - ``(1) the rate of compensation provided to a Foreign - Service officer at a comparable career level serving at the - same embassy; or - ``(2) the rate of compensation the Treasury attache would - otherwise have received, absent the application of this - subsection. - ``(d) Bank Secrecy Act Defined.--In this section, the term `Bank -Secrecy Act' has the meaning given that term under section 5312.''. - (b) Clerical Amendment.--The table of contents for chapter 3 of + (1) by inserting ``, including the collection and reporting of + certain information as the Secretary of the Treasury may prescribe + by regulation,'' after ``appropriate procedures''; and + (2) by inserting ``, the financing of terrorism, or other forms + of illicit finance'' after ``money laundering''. + (d) Value That Substitutes for Currency.-- + (1) Definitions.--Section 5312(a) of title 31, United States + Code, is amended-- + (A) in paragraph (1), by striking ``, or a transaction in + money, credit, securities, or gold'' and inserting ``, a + transaction in money, credit, securities or gold, or a service + provided with respect to money, securities, futures, precious + metals, stones and jewels, or value that substitutes for + currency''; + (B) in paragraph (2)-- + (i) in subparagraph (J), by inserting ``, or a business + engaged in the exchange of currency, funds, or value that + substitutes for currency or funds'' before the semicolon at + the end; and + (ii) in subparagraph (R), by striking ``funds,'' and + inserting ``currency, funds, or value that substitutes for + currency,''; and + (C) in paragraph (3)-- + (i) in subparagraph (B), by striking ``and'' at the + end; + (ii) in subparagraph (C), by striking the period at the + end and inserting ``; and''; and + (iii) by adding at the end the following: + ``(D) as the Secretary shall provide by regulation, value + that substitutes for any monetary instrument described in + subparagraph (A), (B), or (C).''. + (2) Registration of money transmitting businesses.--Section + 5330(d) of title 31, United States Code, is amended-- + (A) in paragraph (1)(A)-- + (i) by striking ``funds,'' and inserting ``currency, + funds, or value that substitutes for currency,''; and + (ii) by striking ``system;;'' and inserting + ``system;''; and + (B) in paragraph (2)-- + (i) by striking ``currency or funds denominated in the + currency of any country'' and inserting ``currency, funds, + or value that substitutes for currency''; + (ii) by striking ``currency or funds, or the value of + the currency or funds,'' and inserting ``currency, funds, + or value that substitutes for currency''; and + (iii) by inserting ``, including'' after ``means''. +SEC. 6103. FINCEN EXCHANGE. + Section 310 of title 31, United States Code, is amended-- + (1) by redesignating subsection (d) as subsection (l); and + (2) by inserting after subsection (c) the following: + ``(d) FinCEN Exchange.-- + ``(1) Establishment.--The FinCEN Exchange is hereby established + within FinCEN. + ``(2) Purpose.--The FinCEN Exchange shall facilitate a + voluntary public-private information sharing partnership among law + enforcement agencies, national security agencies, financial + institutions, and FinCEN to-- + ``(A) effectively and efficiently combat money laundering, + terrorism financing, organized crime, and other financial + crimes, including by promoting innovation and technical + advances in reporting-- + ``(i) under subchapter II of chapter 53 and the + regulations promulgated under that subchapter; and + ``(ii) with respect to other anti-money laundering + requirements; + ``(B) protect the financial system from illicit use; and + ``(C) promote national security. + ``(3) Report.-- + ``(A) In general.--Not later than 1 year after the date of + enactment of this subsection, and once every 2 years thereafter + for the next 5 years, the Secretary of the Treasury shall + submit to the Committee on Banking, Housing, and Urban Affairs + of the Senate and the Committee on Financial Services of the + House of Representatives a report containing-- + ``(i) an analysis of the efforts undertaken by the + FinCEN Exchange, which shall include an analysis of-- + + ``(I) the results of those efforts; and + ``(II) the extent and effectiveness of those + efforts, including any benefits realized by law + enforcement agencies from partnering with financial + institutions, which shall be consistent with standards + protecting sensitive information; and + + ``(ii) any legislative, administrative, or other + recommendations the Secretary may have to strengthen the + efforts of the FinCEN Exchange. + ``(B) Classified annex.--Each report under subparagraph (A) + may include a classified annex. + ``(4) Information sharing requirement.--Information shared + under this subsection shall be shared-- + ``(A) in compliance with all other applicable Federal laws + and regulations; + ``(B) in such a manner as to ensure the appropriate + confidentiality of personal information; and + ``(C) at the discretion of the Director, with the + appropriate Federal functional regulator, as defined in section + 6003 of the Anti-Money Laundering Act of 2020. + ``(5) Protection of shared information.-- + ``(A) Regulations.--FinCEN shall, as appropriate, + promulgate regulations that establish procedures for the + protection of information shared and exchanged between FinCEN + and the private sector in accordance with this section, + consistent with the capacity, size, and nature of the financial + institution to which the particular procedures apply. + ``(B) Use of information.--Information received by a + financial institution pursuant to this section shall not be + used for any purpose other than identifying and reporting on + activities that may involve the financing of terrorism, money + laundering, proliferation financing, or other financial crimes. + ``(6) Rule of construction.--Nothing in this subsection may be + construed to create new information sharing authorities or + requirements relating to the Bank Secrecy Act.''. +SEC. 6104. INTERAGENCY ANTI-MONEY LAUNDERING AND COUNTERING THE +FINANCING OF TERRORISM PERSONNEL ROTATION PROGRAM. + To promote greater effectiveness and efficiency in combating money +laundering, the financing of terrorism, proliferation financing, +serious tax fraud, trafficking, sanctions evasion and other financial +crimes, the Secretary shall maintain and accelerate efforts to +strengthen anti-money laundering and countering the financing of +terrorism efforts through a personnel rotation program between the +Federal functional regulators and the Department of Justice, the +Federal Bureau of Investigation, the Department of Homeland Security, +the Department of Defense, and such other agencies as the Secretary +determines are appropriate. +SEC. 6105. TERRORISM AND FINANCIAL INTELLIGENCE SPECIAL HIRING +AUTHORITY. + (a) FinCEN.--Section 310 of title 31, United States Code, as +amended by section 6103 of this division, is amended by inserting after +subsection (d) the following: + ``(e) Special Hiring Authority.-- + ``(1) In general.--The Secretary of the Treasury may appoint, + without regard to the provisions of sections 3309 through 3318 of + title 5, candidates directly to positions in the competitive + service, as defined in section 2102 of that title, in FinCEN. + ``(2) Primary responsibilities.--The primary responsibility of + candidates appointed under paragraph (1) shall be to provide + substantive support in support of the duties described in + subparagraphs (A) through (O) of subsection (b)(2).''. + (b) Office of Terrorism and Financial Intelligence.--Section 312 of +title 31, United States Code, is amended by adding at the end the +following: + ``(g) Special Hiring Authority.-- + ``(1) In general.--The Secretary of the Treasury may appoint, + without regard to the provisions of sections 3309 through 3318 of + title 5, candidates directly to positions in the competitive + service, as defined in section 2102 of that title, in the OTFI. + ``(2) Primary responsibilities.--The primary responsibility of + candidates appointed under paragraph (1) shall be to provide + substantive support in support of the duties described in + subparagraphs (A) through (G) of subsection (a)(4). + ``(h) Deployment of Staff.--The Secretary of the Treasury may +detail, without regard to the provisions of section 300.301 of title 5, +Code of Federal Regulations, any employee in the OTFI to any position +in the OTFI for which the Secretary has determined there is a need.''. + (c) Report.--Not later than 1 year after the date of enactment of +this Act, and every 2 years thereafter for 5 years, the Secretary shall +submit to the Committee on Banking, Housing, and Urban Affairs of the +Senate and the Committee on Financial Services of the House of +Representatives a report that includes the number of new employees +hired during the previous year under the authorities described in +sections 310 and 312 of title 31, United States Code, along with +position titles and associated pay grades for such hires. +SEC. 6106. TREASURY ATTACHE PROGRAM. + (a) In General.--Subchapter I of chapter 3 of title 31, United +States Code, is amended by adding at the end the following: +``Sec. 316. Treasury Attache Program + ``(a) In General.--There is established the Treasury Financial +Attache Program, under which the Secretary of the Treasury shall +appoint employees of the Department of the Treasury as a Treasury +Financial Attache, who shall-- + ``(1) further the work of the Department of the Treasury in + developing and executing the financial and economic policy of the + United States Government and the international fight against + terrorism, money laundering, and other illicit finance; + ``(2) be co-located in a United States Embassy, a similar + United States Government facility, or a foreign government + facility, as the Secretary determines is appropriate; + ``(3) establish and maintain relationships with foreign + counterparts, including employees of ministries of finance, central + banks, international financial institutions, and other relevant + official entities; + ``(4) conduct outreach to local and foreign financial + institutions and other commercial actors; + ``(5) coordinate with representatives of the Department of + Justice at United States Embassies who perform similar functions on + behalf of the United States Government; and + ``(6) perform such other actions as the Secretary determines + are appropriate. + ``(b) Number of Attaches.-- + ``(1) In general.--The number of Treasury Financial Attaches + appointed under this section at any one time shall be not fewer + than 6 more employees than the number of employees of the + Department of the Treasury serving as Treasury attaches on the date + of enactment of this section. + ``(2) Additional posts.--The Secretary of the Treasury may + establish additional posts subject to the availability of + appropriations. + ``(c) Compensation.-- + ``(1) In general.--Each Treasury Financial Attache appointed + under this section and located at a United States Embassy shall + receive compensation, including allowances, at the higher of-- + ``(A) the rate of compensation, including allowances, + provided to a Foreign Service officer serving at the same + embassy; and + ``(B) the rate of compensation, including allowances, the + Treasury Financial Attache would otherwise have received, + absent the application of this subsection. + ``(2) Phase in.--The compensation described in paragraph (1) + shall be phased in over 2 years.''. + (b) Clerical Amendment.--The table of sections for chapter 3 of title 31, United States Code, is amended by inserting after the item relating to section 315 the following: -``316. Treasury Attaches Program.''. - -SEC. 7107. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL - COOPERATION. - - (a) In General.--There is authorized to be appropriated for each of -fiscal years 2021 through 2025 to the Secretary of the Treasury for -purposes of providing technical assistance that promotes compliance -with international standards and best practices, including in -particular those aimed at the establishment of effective anti-money -laundering and countering the financing of terrorism regimes, in an -amount equal to twice the amount authorized for such purpose for fiscal -year 2020. - (b) Activity and Evaluation Report.--Not later than 360 days after -enactment of this Act, and every year thereafter for 5 years, the -Secretary of the Treasury shall issue a report to the Congress on the -assistance (as described under subsection (a)) of the Office of -Technical Assistance of the Department of the Treasury containing-- - (1) a narrative detailing the strategic goals of the Office - in the previous year, with an explanation of how technical - assistance provided in the previous year advances the goals; - (2) a description of technical assistance provided by the - Office in the previous year, including the objectives and - delivery methods of the assistance; - (3) a list of beneficiaries and providers (other than - Office staff) of the technical assistance; - (4) a description of how technical assistance provided by - the Office complements, duplicates, or otherwise affects or is - affected by technical assistance provided by the international - financial institutions (as defined under section 1701(c) of the - International Financial Institutions Act); and - (5) a copy of any Federal Government survey of staff - perspectives at the Office of Technical Assistance, including - any findings regarding the Office from the most recently - administered Federal Employee Viewpoint Survey. - -SEC. 7108. FINCEN DOMESTIC LIAISONS. - - Section 310 of title 31, United States Code, as amended by section -7102, is further amended by inserting after subsection (d) the -following: - ``(e) FinCEN Domestic Liaisons.-- - ``(1) In general.--The Director of FinCEN shall appoint at - least 6 senior FinCEN employees as FinCEN Domestic Liaisons, - who shall-- - ``(A) each be assigned to focus on a specific - region of the United States; - ``(B) be located at an office in such region (or - co-located at an office of the Board of Governors of - the Federal Reserve System in such region); and - ``(C) perform outreach to BSA officers at financial - institutions (including non-bank financial - institutions) and persons who are not financial - institutions, especially with respect to actions taken - by FinCEN that require specific actions by, or have - specific effects on, such institutions or persons, as - determined by the Director. - ``(2) Definitions.--In this subsection: - ``(A) BSA officer.--The term `BSA officer' means an - employee of a financial institution whose primary job - responsibility involves compliance with the Bank - Secrecy Act, as such term is defined under section - 5312. - ``(B) Financial institution.--The term `financial - institution' has the meaning given that term under - section 5312.''. - -SEC. 7109. FINCEN EXCHANGE. - - Section 310 of title 31, United States Code, as amended by section -7108, is further amended by inserting after subsection (e) the +``316. Treasury Attache Program.''. +SEC. 6107. ESTABLISHMENT OF FINCEN DOMESTIC LIAISONS. + Section 310 of title 31, United States Code, as amended by sections +6103 and 6105 of this division, is amended by inserting after +subsection (e) the following: + ``(f) FinCEN Domestic Liaisons.-- + ``(1) Establishment of office.--There is established in FinCEN + an Office of Domestic Liaison, which shall be headed by the Chief + Domestic Liaison. + ``(2) Location.--The Office of the Domestic Liaison shall be + located in the District of Columbia. + ``(g) Chief Domestic Liaison.-- + ``(1) In general.--The Chief Domestic Liaison, shall-- + ``(A) report directly to the Director; and + ``(B) be appointed by the Director, from among individuals + with experience or familiarity with anti-money laundering + program examinations, supervision, and enforcement. + ``(2) Compensation.--The annual rate of pay for the Chief + Domestic Liaison shall be equal to the highest rate of annual pay + for similarly situated senior executives who report to the + Director. + ``(3) Staff of office.--The Chief Domestic Liaison, with the + concurrence of the Director, may retain or employ counsel, research + staff, and service staff, as the Liaison determines necessary to + carry out the functions, powers, and duties under this subsection. + ``(4) Domestic liaisons.--The Chief Domestic Liaison, with the + concurrence of the Director, shall appoint not fewer than 6 senior + FinCEN employees as FinCEN Domestic Liaisons, who shall-- + ``(A) report to the Chief Domestic Liaison; + ``(B) each be assigned to focus on a specific region of the + United States; and + ``(C) be located at an office in such region or co-located + at an office of the Board of Governors of the Federal Reserve + System in such region. + ``(5) Functions of the domestic liaisons.-- + ``(A) In general.--Each Domestic Liaison shall-- + ``(i) in coordination with relevant Federal functional + regulators, perform outreach to BSA officers at financial + institutions, including nonbank financial institutions, and + persons that are not financial institutions, especially + with respect to actions taken by FinCEN that require + specific actions by, or have specific effects on, such + institutions or persons, as determined by the Director; + ``(ii) in accordance with applicable agreements, + receive feedback from financial institutions and examiners + of Federal functional regulators regarding their + examinations under the Bank Secrecy Act and communicate + that feedback to FinCEN, the Federal functional regulators, + and State bank supervisors; + ``(iii) promote coordination and consistency of + supervisory guidance from FinCEN, the Federal functional + regulators, State bank supervisors, and State credit union + supervisors regarding the Bank Secrecy Act; + ``(iv) act as a liaison between financial institutions + and their Federal functional regulators, State bank + supervisors, and State credit union supervisors with + respect to information sharing matters involving the Bank + Secrecy Act and regulations promulgated thereunder; + ``(v) establish safeguards to maintain the + confidentiality of communications between the persons + described in clause (ii) and the Office of Domestic + Liaison; + ``(vi) to the extent practicable, periodically propose + to the Director changes in the regulations, guidance, or + orders of FinCEN, including any legislative or + administrative changes that may be appropriate to ensure + improved coordination and expand information sharing under + this paragraph; and + ``(vii) perform such other duties as the Director + determines to be appropriate. + ``(B) Rule of construction.--Nothing in this paragraph may + be construed to permit the Domestic Liaisons to have authority + over supervision, examination, or enforcement processes. + ``(6) Access to documents.--FinCEN, to the extent practicable + and consistent with appropriate safeguards for sensitive + enforcement-related, pre-decisional, or deliberative information, + shall ensure that the Domestic Liaisons have full access to the + documents of FinCEN, as necessary to carry out the functions of the + Office of Domestic Liaison. + ``(7) Annual reports.-- + ``(A) In general.--Not later than 1 year after the date of + enactment of this subsection and every 2 years thereafter for 5 + years, the Director shall submit to the Committee on Banking, + Housing, and Urban Affairs of the Senate and the Committee on + Financial Services of the House of Representatives a report on + the objectives of the Office of Domestic Liaison for the + following fiscal year and the activities of the Office during + the immediately preceding fiscal year. + ``(B) Contents.--Each report required under subparagraph + (A) shall include-- + ``(i) appropriate statistical information and full and + substantive analysis; + ``(ii) information on steps that the Office of Domestic + Liaison has taken during the reporting period to address + feedback received by financial institutions and examiners + of Federal functional regulators relating to examinations + under the Bank Secrecy Act; + ``(iii) recommendations to the Director for such + administrative and legislative actions as may be + appropriate to address information sharing and coordination + issues encountered by financial institutions or examiners + of Federal functional regulators; and + ``(iv) any other information, as determined appropriate + by the Director. + ``(C) Sensitive information.--Notwithstanding subparagraph + (D), FinCEN shall review each report required under + subparagraph (A) before the report is submitted to ensure the + report does not disclose sensitive information. + ``(D) Independence.-- + ``(i) In general.--Each report required under + subparagraph (A) shall be provided directly to the + committees listed in that subparagraph, except that a + relevant Federal functional regulator, State bank + supervisor, Office of Management and Budget, or State + credit union supervisor shall have an opportunity for + review and comment before the submission of the report. + ``(ii) Rule of construction.--Nothing in clause (i) may + be construed to preclude FinCEN or any other department or + agency from reviewing a report required under subparagraph + (A) for the sole purpose of protecting-- + + ``(I) sensitive information obtained by a law + enforcement agency; and + ``(II) classified information. + + ``(E) Classified information.--No report required under + subparagraph (A) may contain classified information. + ``(8) Definition.--In this subsection, the term `Federal + functional regulator' has the meaning given the term in section + 6003 of the Anti-Money Laundering Act of 2020.''. +SEC. 6108. FOREIGN FINANCIAL INTELLIGENCE UNIT LIAISONS. + Section 310 of title 31, United States Code, as amended by sections +6103, 6105, and 6107 of this division, is amended by inserting after +subsection (g) the following: + ``(h) FinCEN Foreign Financial Intelligence Unit Liaisons.-- + ``(1) In general.--The Director of FinCEN shall appoint not + fewer than 6 Foreign Financial Intelligence Unit Liaisons, who + shall-- + ``(A) be knowledgeable about domestic or international + anti-money laundering or countering the financing of terrorism + laws and regulations; + ``(B) possess a technical understanding of the Bank Secrecy + Act, the protocols of the Egmont Group of Financial + Intelligence Units, and the Financial Action Task Force and the + recommendations issued by that Task Force; + ``(C) be co-located in a United States embassy, a similar + United States Government facility, or a foreign government + facility, as appropriate; + ``(D) facilitate capacity building and perform outreach + with respect to anti-money laundering and countering the + financing of terrorism regulatory and analytical frameworks; + ``(E) establish and maintain relationships with officials + from foreign intelligence units, regulatory authorities, + ministries of finance, central banks, law enforcement agencies, + and other competent authorities; + ``(F) participate in industry outreach engagements with + foreign financial institutions and other commercial actors on + anti-money laundering and countering the financing of terrorism + issues; + ``(G) coordinate with representatives of the Department of + Justice at United States Embassies who perform similar + functions on behalf of the United States Government; and + ``(H) perform such other duties as the Director determines + to be appropriate. + ``(2) Compensation.--Each Foreign Financial Intelligence Unit + Liaison appointed under paragraph (1) shall receive compensation at + the higher of-- + ``(A) the rate of compensation paid to a Foreign Service + officer at a comparable career level serving at the same + embassy or facility, as applicable; or + ``(B) the rate of compensation that the Liaison would have + otherwise received.''. +SEC. 6109. PROTECTION OF INFORMATION EXCHANGED WITH FOREIGN LAW +ENFORCEMENT AND FINANCIAL INTELLIGENCE UNITS. + (a) In General.--Section 310 of title 31, United States Code, as +amended by sections 6103, 6105, 6107, and 6108 of this division, is +amended by inserting after subsection (h) the following: + ``(i) Protection of Information Obtained by Foreign Law Enforcement +and Financial Intelligence Units; Freedom of Information Act.-- + ``(1) Definitions.--In this subsection: + ``(A) Foreign anti-money laundering and countering the + financing of terrorism authority.--The term `foreign anti-money + laundering and countering the financing of terrorism authority' + means any foreign agency or authority that is empowered under + foreign law to regulate or supervise foreign financial + institutions (or designated non-financial businesses and + professions) with respect to laws concerning anti-money + laundering and countering the financing of terrorism and + proliferation. + ``(B) Foreign financial intelligence unit.--The term + `foreign financial intelligence unit' means any foreign agency + or authority, including a foreign financial intelligence unit + that is a member of the Egmont Group of Financial Intelligence + Units, that is empowered under foreign law as a jurisdiction's + national center for-- + ``(i) receipt and analysis of suspicious transaction + reports and other information relevant to money laundering, + associated predicate offenses, and the financing of + terrorism; and + ``(ii) the dissemination of the results of the analysis + described in clause (i). + ``(C) Foreign law enforcement authority.--The term `foreign + law enforcement authority' means any foreign agency or + authority that is empowered under foreign law to detect, + investigate, or prosecute potential violations of law. + ``(2) Information exchanged with foreign law enforcement + authorities, foreign financial intelligence units, and foreign + anti-money laundering and countering the financing of terrorism + authorities.-- + ``(A) In general.--The Department of the Treasury may not + be compelled to search for or disclose information exchanged + with a foreign law enforcement authority, foreign financial + intelligence unit, or foreign anti-money laundering and + countering the financing of terrorism authority. + ``(B) Inapplicability of freedom of information act.-- + ``(i) In general.--Section 552(a)(3) of title 5 + (commonly known as the `Freedom of Information Act') shall + not apply to any request for records or information + exchanged between the Department of the Treasury and a + foreign law enforcement authority, foreign financial + intelligence unit, or foreign anti-money laundering and + countering the financing of terrorism authority. + ``(ii) Specifically exempted by statute.--For purposes + of section 552 of title 5, this paragraph shall be + considered a statute described in subsection (b)(3)(B) of + that section. + ``(C) Clarification on information limitations and + protections.-- + ``(i) In general.--The provisions of this paragraph + shall apply only to information necessary to exercise the + duties and powers described under subsection (b). + ``(ii) Appropriate confidentiality, classification, and + data security requirements.--The Secretary, in consultation + with the Director, shall ensure that information provided + to a foreign law enforcement authority, foreign financial + intelligence unit, or foreign anti-money laundering and + countering the financing of terrorism authority, is subject + to appropriate confidentiality, classification, and data + security requirements. + ``(3) Savings provision.--Nothing in this section shall + authorize the Department of the Treasury to withhold information + from Congress, decline to carry out a search for information + requested by Congress, or prevent the Department of the Treasury + from complying with an order of a court of the United States in an + action commenced by the United States.''. + (b) Availability of Reports.--Section 5319 of title 31, United +States Code, is amended, in the fourth sentence, by inserting ``search +and'' before ``disclosure''. +SEC. 6110. BANK SECRECY ACT APPLICATION TO DEALERS IN ANTIQUITIES AND +ASSESSMENT OF BANK SECRECY ACT APPLICATION TO DEALERS IN ARTS. + (a) Bank Secrecy Act Amendment.-- + (1) In general.--Section 5312(a)(2) of title 31, United States + Code, is amended-- + (A) by redesignating subparagraphs (Y) and (Z) as + subparagraphs (Z) and (AA), respectively; and + (B) by inserting after subparagraph (X) the following: + ``(Y) a person engaged in the trade of antiquities, + including an advisor, consultant, or any other person who + engages as a business in the solicitation or the sale of + antiquities, subject to regulations prescribed by the + Secretary;''. + (2) Effective date.--Section 5312(a)(2)(Y) of title 31, United + States Code, as added by paragraph (1), shall take effect on the + effective date of the final rules issued by the Secretary of the + Treasury pursuant to subsection (b). + (b) Rulemaking.-- + (1) In general.--Not later than 360 days after the date of + enactment of this Act, the Secretary of the Treasury shall issue + proposed rules to carry out the amendments made by subsection (a). + (2) Considerations.--Before issuing a proposed rule under + paragraph (1), the Secretary of the Treasury (acting through the + Director of the FinCEN), in coordination with the Federal Bureau of + Investigation, the Attorney General, and Homeland Security + Investigations, shall consider-- + (A) the appropriate scope for the rulemaking, including + determining which persons should be subject to the rulemaking, + by size, type of business, domestic or international + geographical locations, or otherwise; + (B) the degree to which the regulations should focus on + high-value trade in antiquities, and on the need to identify + the actual purchasers of such antiquities, in addition to the + agents or intermediaries acting for or on behalf of such + purchasers; + (C) the need, if any, to identify persons who are dealers, + advisors, consultants, or any other persons who engage as a + business in the trade in antiquities; + (D) whether thresholds should apply in determining which + persons to regulate; + (E) whether certain exemptions should apply to the + regulations; and + (F) any other matter the Secretary determines appropriate. + (c) Study of the Facilitation of Money Laundering and Terror +Finance Through the Trade in Works of Art.--The Secretary, in +coordination with the Director of the Federal Bureau of Investigation, +the Attorney General, and the Secretary of Homeland Security, shall +perform a study of the facilitation of money laundering and the +financing of terrorism through the trade in works of art, including an +analysis of-- + (1) the extent to which the facilitation of money laundering + and terror finance through the trade in works of art may enter or + affect the financial system of the United States, including any + qualitative or quantitative data or statistics; + (2) an evaluation of which markets, by size, entity type, + domestic or international geographical locations, or otherwise, + should be subject to any regulations; + (3) the degree to which the regulations, if any, should focus + on high-value trade in works of art, and on the need to identify + the actual purchasers of such works, in addition to the agents or + intermediaries acting for or on behalf of such purchasers; + (4) the need, if any, to identify persons who are dealers, + advisors, consultants, or any other persons who engage as a + business in the trade in works of art; + (5) whether thresholds and definitions should apply in + determining which entities, if any, to regulate; + (6) an evaluation of whether certain exemptions should apply; + (7) whether information on certain transactions in the trade in + works of art has a high degree of usefulness in criminal, tax, or + regulatory matters; and + (8) any other matter the Secretary determines is appropriate. + (d) Report.--Not later than 360 days after the date of enactment of +this Act, the Secretary, in coordination with the Director of the +Federal Bureau of Investigation, the Attorney General, and the +Secretary of Homeland Security, shall submit to the Committee on +Banking, Housing, and Urban Affairs of the Senate and the Committee on +Financial Services of the House of Representatives a report that +contains all findings and determinations made in carrying out the study +required under subsection (c). + (e) Technical and Conforming Amendments.-- + (1) The Comprehensive Iran Sanctions, Accountability, and + Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended-- + (A) in section 104(i)(1)(C) (22 U.S.C. 8513(i)(1)(C)), by + striking ``(Y)'' and inserting ``(Z)''; and + (B) in section 104A(d)(1) (22 U.S.C. 8513b(d)(1)), by + striking ``(Y)'' and inserting ``(Z)''. + (2) Section 2(4) of the Ukraine Freedom Support Act of 2014 (22 + U.S.C. 8921(4)) is amended by striking ``(Y)'' and inserting + ``(Z)''. +SEC. 6111. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL +COOPERATION. + (a) Authorization of Appropriations.-- + (1) In general.--There is authorized to be appropriated to the + Secretary for the purpose described in paragraph (2) $60,000,000 + for each of fiscal years 2020 through 2024. + (2) Purpose described.--The purpose described in this paragraph + is the provision of technical assistance to foreign countries, and + financial institutions in foreign countries, that promotes + compliance with international standards and best practices, + including in particular international standards and best practices + relating to the establishment of effective anti-money laundering + programs and programs for countering the financing of terrorism. + (3) Sense of congress.--It is the sense of Congress that this + subsection could affect a number of Federal agencies and + departments and the Secretary should, as appropriate, consult with + the heads of those affected agencies and departments, including the + Attorney General, in providing the technical assistance required + under this subsection. + (b) Report on Technical Assistance Provided by Office of Technical +Assistance.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act, and every 2 years thereafter for 5 years, + the Secretary shall submit to Congress a report on the assistance + described in subsection (a)(2) provided by the Office of Technical + Assistance of the Department of the Treasury. + (2) Elements.--Each report required under paragraph (1) shall + include-- + (A) a description of the strategic goals of the Office of + Technical Assistance in the year preceding submission of the + report, including an explanation of how technical assistance + provided by the Office in that year advanced those goals; + (B) a description of technical assistance provided by the + Office in that year, including the objectives and delivery + methods of the assistance; + (C) a list of beneficiaries and providers (other than + Office staff) of the technical assistance during that year; and + (D) a description of how-- + (i) technical assistance provided by the Office + complements, duplicates, or otherwise affects or is + affected by technical assistance provided by the + international financial institutions (as defined in section + 1701(c) of the International Financial Institutions Act (22 + U.S.C. 262r(c))); and + (ii) efforts to coordinate the technical assistance + described in clause (i). +SEC. 6112. INTERNATIONAL COORDINATION. + (a) In General.--The Secretary shall work with foreign counterparts +of the Secretary, including through bilateral contacts, the Financial +Action Task Force, the International Monetary Fund, the World Bank, the +Egmont Group of Financial Intelligence Units, the Organisation for +Economic Co-operation and Development, the Basel Committee on Banking +Supervision, and the United Nations, to promote stronger anti-money +laundering frameworks and enforcement of anti-money laundering laws. + (b) Support for Strengthening the Capacity of the International +Monetary Fund to Prevent Money Laundering and the Financing of +Terrorism.--Section 7125 of the Otto Warmbier North Korea Nuclear +Sanctions and Enforcement Act of 2019 (title LXXI of division F of +Public Law 116-92; 133 Stat. 2249) is amended-- + (1) in subsection (b), by striking ``5'' and inserting ``6''; + and + (2) in subsection (c), by striking ``2023'' and inserting + ``2024''. + + TITLE LXII--MODERNIZING THE ANTI-MONEY LAUNDERING AND COUNTERING THE + FINANCING OF TERRORISM SYSTEM + +Sec. 6201. Annual reporting requirements. +Sec. 6202. Additional considerations for suspicious activity reporting + requirements. +Sec. 6203. Law enforcement feedback on suspicious activity reports. +Sec. 6204. Streamlining requirements for currency transaction reports + and suspicious activity reports. +Sec. 6205. Currency transaction reports and suspicious activity reports + thresholds review. +Sec. 6206. Sharing of threat pattern and trend information. +Sec. 6207. Subcommittee on Innovation and Technology. +Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers. +Sec. 6209. Testing methods rulemaking. +Sec. 6210. Financial technology assessment. +Sec. 6211. Financial crimes tech symposium. +Sec. 6212. Pilot program on sharing of information related to suspicious + activity reports within a financial group. +Sec. 6213. Sharing of compliance resources. +Sec. 6214. Encouraging information sharing and public-private + partnerships. +Sec. 6215. Financial services de-risking. +Sec. 6216. Review of regulations and guidance. +SEC. 6201. ANNUAL REPORTING REQUIREMENTS. + (a) Annual Report.--Not later than 1 year after the date of +enactment of this Act, and annually thereafter, the Attorney General, +in consultation with the Secretary, Federal law enforcement agencies, +the Director of National Intelligence, Federal functional regulators, +and the heads of other appropriate Federal agencies, shall submit to +the Secretary a report that contains statistics, metrics, and other +information on the use of data derived from financial institutions +reporting under the Bank Secrecy Act (referred to in this subsection as +the ``reported data''), including-- + (1) the frequency with which the reported data contains + actionable information that leads to-- + (A) further procedures by law enforcement agencies, + including the use of a subpoena, warrant, or other legal + process; or + (B) actions taken by intelligence, national security, or + homeland security agencies; + (2) calculations of the time between the date on which the + reported data is reported and the date on which the reported data + is used by law enforcement, intelligence, national security, or + homeland security agencies, whether through the use of-- + (A) a subpoena or warrant; or + (B) other legal process or action; + (3) an analysis of the transactions associated with the + reported data, including whether-- + (A) the suspicious accounts that are the subject of the + reported data were held by legal entities or individuals; and + (B) there are trends and patterns in cross-border + transactions to certain countries; + (4) the number of legal entities and individuals identified by + the reported data; + (5) information on the extent to which arrests, indictments, + convictions, criminal pleas, civil enforcement or forfeiture + actions, or actions by national security, intelligence, or homeland + security agencies were related to the use of the reported data; and + (6) data on the investigations carried out by State and Federal + authorities resulting from the reported data. + (b) Report.--Beginning with the fifth report submitted under +subsection (a), and once every 5 years thereafter, that report shall +include a section describing the use of data derived from reporting by +financial institutions under the Bank Secrecy Act over the 5 years +preceding the date on which the report is submitted, which shall +include a description of long-term trends and the use of long-term +statistics, metrics, and other information. + (c) Trends, Patterns, and Threats.--Each report required under +subsection (a) and each section included under subsection (b) shall +contain a description of retrospective trends and emerging patterns and +threats in money laundering and the financing of terrorism, including +national and regional trends, patterns, and threats relevant to the +classes of financial institutions that the Attorney General determines +appropriate. + (d) Use of Report Information.--The Secretary shall use the +information reported under subsections (a), (b), and (c)-- + (1) to help assess the usefulness of reporting under the Bank + Secrecy Act to-- + (A) criminal and civil law enforcement agencies; + (B) intelligence, defense, and homeland security agencies; + and + (C) Federal functional regulators; + (2) to enhance feedback and communications with financial + institutions and other entities subject to requirements under the + Bank Secrecy Act, including by providing more detail in the reports + published and distributed under section 314(d) of the USA PATRIOT + Act (31 U.S.C. 5311 note); + (3) to assist FinCEN in considering revisions to the reporting + requirements promulgated under section 314(d) of the USA PATRIOT + Act (31 U.S.C. 5311 note); and + (4) for any other purpose the Secretary determines is + appropriate. + (e) Confidentiality.--Any information received by a financial +institution under this section shall be subject to confidentiality +requirements established by the Secretary. +SEC. 6202. ADDITIONAL CONSIDERATIONS FOR SUSPICIOUS ACTIVITY REPORTING +REQUIREMENTS. + Section 5318(g) of title 31, United States Code, is amended by +adding at the end the following: + ``(5) Considerations in imposing reporting requirements.-- + ``(A) Definitions.--In this paragraph, the terms `Bank + Secrecy Act', `Federal functional regulator', `State bank + supervisor', and `State credit union supervisor' have the + meanings given the terms in section 6003 of the Anti-Money + Laundering Act of 2020. + ``(B) Requirements.--In imposing any requirement to report + any suspicious transaction under this subsection, the Secretary + of the Treasury, in consultation with the Attorney General, + appropriate representatives of State bank supervisors, State + credit union supervisors, and the Federal functional + regulators, shall consider items that include-- + ``(i) the national priorities established by the + Secretary; + ``(ii) the purposes described in section 5311; and + ``(iii) the means by or form in which the Secretary + shall receive such reporting, including the burdens imposed + by such means or form of reporting on persons required to + provide such reporting, the efficiency of the means or + form, and the benefits derived by the means or form of + reporting by Federal law enforcement agencies and the + intelligence community in countering financial crime, + including money laundering and the financing of terrorism. + ``(C) Compliance program.--Reports filed under this + subsection shall be guided by the compliance program of a + covered financial institution with respect to the Bank Secrecy + Act, including the risk assessment processes of the covered + institution that should include a consideration of priorities + established by the Secretary of the Treasury under section + 5318. + ``(D) Streamlined data and real-time reporting.-- + ``(i) Requirement to establish system.--In considering + the means by or form in which the Secretary of the Treasury + shall receive reporting pursuant to subparagraph (B)(iii), + the Secretary of the Treasury, acting through the Director + of the Financial Crimes Enforcement Network, and in + consultation with appropriate representatives of the State + bank supervisors, State credit union supervisors, and + Federal functional regulators, shall-- + + ``(I) establish streamlined, including automated, + processes to, as appropriate, permit the filing of + noncomplex categories of reports that-- + + ``(aa) reduce burdens imposed on persons + required to report; and + ``(bb) do not diminish the usefulness of the + reporting to Federal law enforcement agencies, + national security officials, and the intelligence + community in combating financial crime, including + the financing of terrorism; + + ``(II) subject to clause (ii)-- + + ``(aa) permit streamlined, including automated, + reporting for the categories described in subclause + (I); and + ``(bb) establish the conditions under which the + reporting described in item (aa) is permitted; and + + ``(III) establish additional systems and processes + as necessary to allow for the reporting described in + subclause (II)(aa). + + ``(ii) Standards.--The Secretary of the Treasury-- + + ``(I) in carrying out clause (i), shall establish + standards to ensure that streamlined reports relate to + suspicious transactions relevant to potential + violations of law (including regulations); and + ``(II) in establishing the standards under + subclause (I), shall consider transactions, including + structured transactions, designed to evade any + regulation promulgated under this subchapter, certain + fund and asset transfers with little or no apparent + economic or business purpose, transactions without + lawful purposes, and any other transaction that the + Secretary determines to be appropriate. + + ``(iii) Rule of construction.--Nothing in this + subparagraph may be construed to preclude the Secretary of + the Treasury from-- + + ``(I) requiring reporting as provided for in + subparagraphs (B) and (C); or + ``(II) notifying Federal law enforcement with + respect to any transaction that the Secretary has + determined implicates a national priority established + by the Secretary.''. + +SEC. 6203. LAW ENFORCEMENT FEEDBACK ON SUSPICIOUS ACTIVITY REPORTS. + (a) Feedback.-- + (1) In general.--FinCEN shall, to the extent practicable, + periodically solicit feedback from individuals designated under + section 5318(h)(1)(B) of title 31, United States Code, by a variety + of financial institutions representing a cross-section of the + reporting industry to review the suspicious activity reports filed + by those financial institutions and discuss trends in suspicious + activity observed by FinCEN. + (2) Coordination with federal functional regulators and state + bank supervisors and state credit union supervisors.--FinCEN shall + provide any feedback solicited under paragraph (1) to the + appropriate Federal functional regulator, State bank supervisor, or + State credit union supervisor during the regularly scheduled + examination of the applicable financial institution by the Federal + functional regulator, State bank supervisor, or State credit union + supervisor, as applicable. + (b) Disclosure Required.-- + (1) In general.-- + (A) Periodic disclosure.--Except as provided in paragraph + (2), FinCEN shall, to the extent practicable, periodically + disclose to each financial institution, in summary form, + information on suspicious activity reports filed that proved + useful to Federal or State criminal or civil law enforcement + agencies during the period since the most recent disclosure + under this paragraph to the financial institution. + (B) Rule of construction.--Nothing in this paragraph may be + construed to require the public disclosure of any information + filed with the Department of the Treasury under the Bank + Secrecy Act. + (2) Exception for ongoing or closed investigations and to + protect national security.--FinCEN shall not be required to + disclose to a financial institution any information under paragraph + (1) that relates to an ongoing or closed investigation or + implicates the national security of the United States. + (3) Maintenance of statistics.--With respect to the actions + described in paragraph (1), FinCEN shall keep records of all such + actions taken to assist with the production of the reports + described in paragraph (5) of section 5318(g) of title 31, United + States Code, as added by section 6202 of this division, and for + other purposes. + (4) Coordination with department of justice.--The information + disclosed by FinCEN under this subsection shall include information + from the Department of Justice regarding-- + (A) the review and use by the Department of suspicious + activity reports filed by the applicable financial institution + during the period since the most recent disclosure under this + subsection; and + (B) any trends in suspicious activity observed by the + Department. +SEC. 6204. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION REPORTS +AND SUSPICIOUS ACTIVITY REPORTS. + (a) Review.--The Secretary, in consultation with the Attorney +General, Federal law enforcement agencies, the Secretary of Homeland +Security, the Federal functional regulators, State bank supervisors, +State credit union supervisors, and other relevant stakeholders, shall +undertake a formal review of the financial institution reporting +requirements relating to currency transaction reports and suspicious +activity reports, as in effect on the date of enactment of this Act, +including the processes used to submit reports under the Bank Secrecy +Act, regulations implementing the Bank Secrecy Act, and related +guidance, and propose changes to those reports to reduce any +unnecessarily burdensome regulatory requirements and ensure that the +information provided fulfills the purposes described in section 5311 of +title 31, United States Code, as amended by section 6101(a) of this +division. + (b) Contents.--The review required under subsection (a) shall-- + (1) rely substantially on information obtained through the BSA + Data Value Analysis Project conducted by FinCEN; and + (2) include a review of-- + (A) whether the circumstances under which a financial + institution determines whether to file a continuing suspicious + activity report, including insider abuse, or the processes + followed by a financial institution in determining whether to + file a continuing suspicious activity report, or both, should + be streamlined or otherwise adjusted; + (B) whether different thresholds should apply to different + categories of activities; + (C) the fields designated as critical on the suspicious + activity report form, the fields on the currency transaction + report form, and whether the number or nature of the fields on + those forms should be adjusted; + (D) the categories, types, and characteristics of + suspicious activity reports and currency transaction reports + that are of the greatest value to, and that best support, + investigative priorities of law enforcement and national + security agencies; + (E) the increased use or expansion of exemption provisions + to reduce currency transaction reports that may be of little or + no value to the efforts of law enforcement agencies; + (F) the most appropriate ways to promote financial + inclusion and address the adverse consequences of financial + institutions de-risking entire categories of relationships, + including charities, embassy accounts, and money service + businesses (as defined in section 1010.100(ff) of title 31, + Code of Federal Regulations), and certain groups of + correspondent banks without conducting a proper assessment of + the specific risk of each individual member of these + populations; + (G) the current financial institution reporting + requirements under the Bank Secrecy Act and regulations and + guidance implementing the Bank Secrecy Act; + (H) whether the process for the electronic submission of + reports could be improved for both financial institutions and + law enforcement agencies, including by allowing greater + integration between financial institution systems and the + electronic filing system to allow for automatic population of + report fields and the automatic submission of transaction data + for suspicious transactions, without bypassing the obligation + of each reporting financial institution to assess the specific + risk of the transactions reported; + (I) the appropriate manner in which to ensure the security + and confidentiality of personal information; + (J) how to improve the cross-referencing of individuals or + entities operating at multiple financial institutions and + across international borders; + (K) whether there are ways to improve currency transaction + report aggregation for entities with common ownership; + (L) whether financial institutions should be permitted to + streamline or otherwise adjust, with respect to particular + types of customers or transactions, the process for determining + whether activity is suspicious or the information included in + the narrative of a suspicious activity report; and + (M) any other matter the Secretary determines is + appropriate. + (c) Report.--Not later than 1 year after the date of enactment of +this Act, the Secretary, in consultation with the Attorney General, +Federal law enforcement agencies, the Director of National +Intelligence, the Secretary of Homeland Security, and the Federal +functional regulators, shall-- + (1) submit to Congress a report that contains all findings and + determinations made in carrying out the review required under + subsection (a); and + (2) propose rulemakings, as appropriate, to implement the + findings and determinations described in paragraph (1). +SEC. 6205. CURRENCY TRANSACTION REPORTS AND SUSPICIOUS ACTIVITY REPORTS +THRESHOLDS REVIEW. + (a) Review of Thresholds for Certain Currency Transaction Reports +and Suspicious Activity Reports.--The Secretary, in consultation with +the Attorney General, the Director of National Intelligence, the +Secretary of Homeland Security, the Federal functional regulators, +State bank supervisors, State credit union supervisors, and other +relevant stakeholders, shall review and determine whether the dollar +thresholds, including aggregate thresholds, under sections 5313, +5318(g), and 5331 of title 31, United States Code, including +regulations issued under those sections, should be adjusted. + (b) Considerations.--In making the determinations required under +subsection (a), the Secretary, in consultation with the Attorney +General, the Director of National Intelligence, the Secretary of +Homeland Security, the Federal functional regulators, State bank +supervisors, State credit union supervisors, and other relevant +stakeholders, shall-- + (1) rely substantially on information obtained through the BSA + Data Value Analysis Project conducted by FinCEN and on information + obtained through the Currency Transaction Report analyses conducted + by the Comptroller General of the United States; and + (2) consider-- + (A) the effects that adjusting the thresholds would have on + law enforcement, intelligence, national security, and homeland + security agencies; + (B) the costs likely to be incurred or saved by financial + institutions from any adjustment to the thresholds; + (C) whether adjusting the thresholds would better conform + the United States with international norms and standards to + counter money laundering and the financing of terrorism; + (D) whether currency transaction report thresholds should + be tied to inflation or otherwise be adjusted based on other + factors consistent with the purposes of the Bank Secrecy Act; + (E) any other matter that the Secretary determines is + appropriate. + (c) Report and Rulemakings.--Not later than 1 year after the date +of enactment of this Act, the Secretary, in consultation with the +Attorney General, the Director of National Intelligence, the Secretary +of Homeland Security, the Federal functional regulators, State bank +supervisors, State credit union supervisors, and other relevant +stakeholders, shall-- + (1) publish a report of the findings from the review required + under subsection (a); and + (2) propose rulemakings, as appropriate, to implement the + findings and determinations described in paragraph (1). + (d) Updates.--Not less frequently than once every 5 years during +the 10-year period beginning on the date of enactment of this Act, the +Secretary shall-- + (1) evaluate findings and rulemakings described in subsection + (c); and + (2) transmit a written summary of the evaluation to the + Committee on Financial Services of the House of Representatives and + the Committee on Banking, Housing, and Urban Affairs of the Senate; + and + (3) propose rulemakings, as appropriate, in response to the + evaluation required under paragraph (1). +SEC. 6206. SHARING OF THREAT PATTERN AND TREND INFORMATION. + Section 5318(g) of title 31, United States Code, as amended by +section 6202 of this division, is amended by adding at the end the following: - ``(f) FinCEN Exchange.-- - ``(1) Establishment.--The FinCEN Exchange is hereby - established within FinCEN, which shall consist of the FinCEN - Exchange program of FinCEN in existence on the day before the - date of enactment of this paragraph. - ``(2) Purpose.--The FinCEN Exchange shall facilitate a - voluntary public-private information sharing partnership among - law enforcement, financial institutions, and FinCEN to-- - ``(A) effectively and efficiently combat money - laundering, terrorism financing, organized crime, and - other financial crimes; - ``(B) protect the financial system from illicit - use; and - ``(C) promote national security. - ``(3) Report.-- - ``(A) In general.--Not later than 1 year after the - date of enactment of this subsection, and annually - thereafter for the next 5 years, the Secretary of the - Treasury shall submit to the Committee on Financial - Services of the House of Representatives and the - Committee on Banking, Housing, and Urban Affairs of the - Senate a report containing-- - ``(i) an analysis of the efforts undertaken - by the FinCEN Exchange and the results of such - efforts; - ``(ii) an analysis of the extent and - effectiveness of the FinCEN Exchange, including - any benefits realized by law enforcement from - partnership with financial institutions; and - ``(iii) any legislative, administrative, or - other recommendations the Secretary may have to - strengthen FinCEN Exchange efforts. - ``(B) Classified annex.--Each report under - subparagraph (A) may include a classified annex. - ``(4) Information sharing requirement.--Information shared - pursuant to this subsection shall be shared in compliance with - all other applicable Federal laws and regulations. - ``(5) Rule of construction.--Nothing under this subsection - may be construed to create new information sharing authorities - related to the Bank Secrecy Act (as such term is defined under - section 5312 of title 31, United States Code). - ``(6) Financial institution defined.--In this subsection, - the term `financial institution' has the meaning given that - term under section 5312.''. - -SEC. 7110. STUDY AND STRATEGY ON TRADE-BASED MONEY LAUNDERING. - - (a) Study.--The Secretary of the Treasury shall carry out a study, -in consultation with appropriate private sector stakeholders and -Federal departments and agencies, on trade-based money laundering. - (b) Report.--Not later than the end of the 1-year period beginning -on the date of the enactment of this Act, the Secretary shall issue a -report to the Congress containing-- - (1) all findings and determinations made in carrying out - the study required under subsection (a); and - (2) proposed strategies to combat trade-based money - laundering. - (c) Classified Annex.--The report required under this section may -include a classified annex. - (d) Contracting Authority.--The Secretary may contract with a -private third-party to carry out the study required under this section. -The authority of the Secretary to enter into contracts under this -subsection shall be in effect for each fiscal year only to the extent -and in the amounts as are provided in advance in appropriations Acts. - -SEC. 7111. STUDY AND STRATEGY ON DE-RISKING. - - (a) Review.--The Secretary of the Treasury, in consultation with -appropriate private sector stakeholders, examiners, the Federal -functional regulators (as defined under section 7103), State bank -supervisors, and other relevant stakeholders, shall undertake a formal -review of-- - (1) any adverse consequences of financial institutions de- - risking entire categories of relationships, including - charities, embassy accounts, money services businesses (as - defined under section 1010.100(ff) of title 31, Code of Federal - Regulations) and their agents, countries, international and - domestic regions, and respondent banks; - (2) the reasons why financial institutions are engaging in - de-risking; - (3) the association with and effects of de-risking on money - laundering and financial crime actors and activities; - (4) the most appropriate ways to promote financial - inclusion, particularly with respect to developing countries, - while maintaining compliance with the Bank Secrecy Act, - including an assessment of policy options to-- - (A) more effectively tailor Federal actions and + ``(6) Sharing of threat pattern and trend information.-- + ``(A) Definitions.--In this paragraph-- + ``(i) the terms `Bank Secrecy Act' and `Federal + functional regulator' have the meanings given the terms in + section 6003 of the Anti-Money Laundering Act of 2020; and + ``(ii) the term `typology' means a technique to launder + money or finance terrorism. + ``(B) Suspicious activity report activity review.--Not less + frequently than semiannually, the Director of the Financial + Crimes Enforcement Network shall publish threat pattern and + trend information to provide meaningful information about the + preparation, use, and value of reports filed under this + subsection by financial institutions, as well as other reports + filed by financial institutions under the Bank Secrecy Act. + ``(C) Inclusion of typologies.--In each publication + published under subparagraph (B), the Director shall provide + financial institutions and the Federal functional regulators + with typologies, including data that can be adapted in + algorithms if appropriate, relating to emerging money + laundering and terrorist financing threat patterns and trends. + ``(7) Rules of construction.--Nothing in this subsection may be + construed as precluding the Secretary of the Treasury from-- + ``(A) requiring reporting as provided under subparagraphs + (A) and (B) of paragraph (6); or + ``(B) notifying a Federal law enforcement agency with + respect to any transaction that the Secretary has determined + directly implicates a national priority established by the + Secretary.''. +SEC. 6207. SUBCOMMITTEE ON INNOVATION AND TECHNOLOGY. + Section 1564 of the Annunzio-Wylie Anti-Money Laundering Act (31 +U.S.C. 5311 note) is amended by adding at the end the following: + ``(d) Subcommittee on Innovation and Technology.-- + ``(1) Definitions.--In this subsection, the terms `Bank Secrecy + Act', `State bank supervisor', and `State credit union supervisor' + have the meanings given the terms in section 6003 of the Anti-Money + Laundering Act of 2020. + ``(2) Establishment.--There shall be within the Bank Secrecy + Act Advisory Group a subcommittee to be known as the `Subcommittee + on Innovation and Technology' to-- + ``(A) advise the Secretary of the Treasury regarding means + by which the Department of the Treasury, FinCEN, the Federal + functional regulators, State bank supervisors, and State credit + union supervisors, as appropriate, can most effectively + encourage and support technological innovation in the area of + anti-money laundering and countering the financing of terrorism + and proliferation; and + ``(B) reduce, to the extent practicable, obstacles to + innovation that may arise from existing regulations, guidance, + and examination practices related to compliance of financial + institutions with the Bank Secrecy Act. + ``(3) Membership.-- + ``(A) In general.--The subcommittee established under + paragraph (1) shall consist of the representatives of the heads + of the Federal functional regulators, including, as + appropriate, the Bank Secrecy Act Innovation Officers as + established in section 6208 of the Anti-Money Laundering Act of + 2020, a representative of State bank supervisors, a + representative of State credit union supervisors, + representatives of a cross-section of financial institutions + subject to the Bank Secrecy Act, law enforcement, FinCEN, and + any other representative as determined by the Secretary of the + Treasury. + ``(B) Requirements.--Each agency representative described + in subparagraph (A) shall be an individual who has demonstrated + knowledge and competence concerning the application of the Bank + Secrecy Act. + ``(4) Sunset.-- + ``(A) In general.--Except as provided in subparagraph (B), + the Subcommittee on Innovation and Technology shall terminate + on the date that is 5 years after the date of enactment of this + subsection. + ``(B) Exception.--The Secretary of the Treasury may renew + the Subcommittee on Innovation for 1-year periods beginning on + the date that is 5 years after the date of enactment of this + subsection.''. +SEC. 6208. ESTABLISHMENT OF BANK SECRECY ACT INNOVATION OFFICERS. + (a) Appointment of Officers.--Not later than 1 year after the +effective date of the regulations promulgated under subsection (d) of +section 310 of title 31, United States Code, as added by section 6103 +of this division, an Innovation Officer shall be appointed within +FinCEN and each Federal functional regulator. + (b) Innovation Officer.--The Innovation Officer shall be appointed +by, and report to, the Director of FinCEN or the head of the Federal +functional regulator, as applicable. + (c) Duties.--Each Innovation Officer, in coordination with other +Innovation Officers and the agencies of the Innovation Officers, +shall-- + (1) provide outreach to law enforcement agencies, State bank + supervisors, financial institutions and associations of financial + institutions, agents of financial institutions, and other persons + (including service providers, vendors and technology companies) + with respect to innovative methods, processes, and new technologies + that may assist in compliance with the requirements of the Bank + Secrecy Act; + (2) provide technical assistance or guidance relating to the + implementation of responsible innovation and new technology by + financial institutions and associations of financial institutions, + agents of financial institutions, and other persons (including + service providers, vendors and technology companies), in a manner + that complies with the requirements of the Bank Secrecy Act; + (3) if appropriate, explore opportunities for public-private + partnerships; and + (4) if appropriate, develop metrics of success. +SEC. 6209. TESTING METHODS RULEMAKING. + (a) In General.--Section 5318 of title 31, United States Code is +amended by adding at the end the following: + ``(o) Testing.-- + ``(1) In general.--The Secretary of the Treasury, in + consultation with the head of each agency to which the Secretary + has delegated duties or powers under subsection (a), shall issue a + rule to specify with respect to technology and related technology + internal processes designed to facilitate compliance with the + requirements under this subchapter, the standards by which + financial institutions are to test the technology and related + technology internal processes. + ``(2) Standards.--The standards described in paragraph (1) may + include-- + ``(A) an emphasis on using innovative approaches such as + machine learning or other enhanced data analytics processes; + ``(B) risk-based testing, oversight, and other risk + management approaches of the regime, prior to and after + implementation, to facilitate calibration of relevant systems + and prudently evaluate and monitor the effectiveness of their + implementation; + ``(C) specific criteria for when and how risk-based testing + against existing processes should be considered to test and + validate the effectiveness of relevant systems and situations + and standards for when other risk management processes, + including those developed by or through third party risk and + compliance management systems, and oversight may be more + appropriate; + ``(D) specific standards for a risk governance framework + for financial institutions to provide oversight and to + prudently evaluate and monitor systems and testing processes + both pre- and post-implementation; + ``(E) requirements for appropriate data privacy and + information security; and + ``(F) a requirement that the system configurations, + including any applicable algorithms and any validation of those + configurations used by the regime be disclosed to the Financial + Crimes Enforcement Network and the appropriate Federal + functional regulator upon request. + ``(3) Confidentiality of algorithms.-- + ``(A) In general.--If a financial institution or any + director, officer, employee, or agent of any financial + institution, voluntarily or pursuant to this subsection or any + other authority, discloses the algorithms of the financial + institution to a government agency, the algorithms and any + materials associated with the creation or adaption of such + algorithms shall be considered confidential and not subject to + public disclosure. + ``(B) Freedom of information act.--Section 552(a)(3) of + title 5 (commonly known as the `Freedom of Information Act') + shall not apply to any request for algorithms described in + subparagraph (A) and any materials associated with the creation + or adaptation of the algorithms. + ``(4) Definition.--In this subsection, the term `Federal + functional regulator' means-- + ``(A) the Board of Governors of the Federal Reserve System; + ``(B) the Office of the Comptroller of the Currency; + ``(C) the Federal Deposit Insurance Corporation; + ``(D) the National Credit Union Administration; + ``(E) the Securities and Exchange Commission; and + ``(F) the Commodity Futures Trading Commission.''. + (b) Update of Manual.--The Financial Institutions Examination +Council shall ensure that any manual prepared by the Council is-- + (1) updated to reflect the rulemaking required by subsection + (o) section 5318 of title 31, United States Code, as added by + subsection (a) of this section; and + (2) consistent with relevant FinCEN and Federal functional + regulator guidance, including the December 2018 Joint Statement on + Innovative Efforts to Combat Money Laundering and Terrorist + Financing. +SEC. 6210. FINANCIAL TECHNOLOGY ASSESSMENT. + (a) In General.--The Secretary, in consultation with financial +regulators, technology experts, national security experts, law +enforcement, and any other group the Secretary determines is +appropriate, shall analyze the impact of financial technology on +financial crimes compliance, including with respect to money +laundering, the financing of terrorism, proliferation finance, serious +tax fraud, trafficking, sanctions evasion, and other illicit finance. + (b) Coordination.--In carrying out the duties required under this +section, the Secretary shall consult with relevant agency officials and +consider other interagency efforts and data relating to examining the +impact of financial technology, including activities conducted by-- + (1) cyber security working groups at the Department of the + Treasury; + (2) cyber security experts identified by the Attorney General + and the Secretary of Homeland Security; + (3) the intelligence community; and + (4) the Financial Stability Oversight Council. + (c) Report.--Not later than 1 year after the date of enactment of +this Act, the Secretary shall submit to the Committee on Banking, +Housing, and Urban Affairs and the Committee on Foreign Relations of +the Senate and the Committee on Financial Services and the Committee on +Foreign Affairs of the House of Representatives a report containing any +findings under subsection (a), including legislative and administrative +recommendations. +SEC. 6211. FINANCIAL CRIMES TECH SYMPOSIUM. + (a) Purpose.--The purposes of this section are to-- + (1) promote greater international collaboration in the effort + to prevent and detect financial crimes and suspicious activities; + and + (2) facilitate the investigation, development, and timely + adoption of new technologies aimed at preventing and detecting + financial crimes and other illicit activities. + (b) Periodic Meetings.--The Secretary shall, in coordination with +the Subcommittee on Innovation and Technology established under +subsection (d) of section 1564 of the Annunzio-Wylie Anti-Money +Laundering Act, as added by section 6207 of this division, periodically +convene a global anti-money laundering and financial crime symposium +focused on how new technology can be used to more effectively combat +financial crimes and other illicit activities. + (c) Attendees.--Attendees at each symposium convened under this +section shall include domestic and international financial regulators, +senior executives from regulated firms, technology providers, +representatives from law enforcement and national security agencies, +academic and other experts, and other individuals that the Secretary +determines are appropriate. + (d) Panels.--At each symposium convened under this section, the +Secretary shall convene panels in order to review new technologies and +permit attendees to demonstrate proof of concept. + (e) Implementation and Reports.--The Secretary shall, to the extent +practicable and necessary, work to provide policy clarity, which may +include providing reports or guidance to stakeholders, regarding +innovative technologies and practices presented at each symposium +convened under this section, to the extent that those technologies and +practices further the purposes of this section. + (f) FinCEN Briefing.--Not later than 90 days after the date of +enactment of this Act, the Director of FinCEN shall brief the Committee +on Banking, Housing, and Urban Affairs of the Senate and the Committee +on Financial Services of the House of Representatives on the use of +emerging technologies, including-- + (1) the status of implementation and internal use of emerging + technologies, including artificial intelligence, digital identity + technologies, distributed ledger technologies, and other innovative + technologies within FinCEN; + (2) whether artificial intelligence, digital identity + technologies, distributed ledger technologies, and other innovative + technologies can be further leveraged to make data analysis by + FinCEN more efficient and effective; + (3) whether FinCEN could better use artificial intelligence, + digital identity technologies, distributed ledger technologies, and + other innovative technologies to-- + (A) more actively analyze and disseminate the information + FinCEN collects and stores to provide investigative leads to + Federal, State, Tribal, and local law enforcement agencies and + other Federal agencies; and + (B) better support ongoing investigations by FinCEN when + referring a case to the agencies described in subparagraph (A); + (4) with respect to each of paragraphs (1), (2), and (3), any + best practices or significant concerns identified by the Director, + and their applicability to artificial intelligence, digital + identity technologies, distributed ledger technologies, and other + innovative technologies with respect to United States efforts to + combat money laundering and other forms of illicit finance; + (5) any policy recommendations that could facilitate and + improve communication and coordination between the private sector, + FinCEN, and the agencies described in paragraph (3) through the + implementation of innovative approaches to meet the obligations of + the agencies under the Bank Secrecy Act and anti-money laundering + compliance; and + (6) any other matter the Director determines is appropriate. +SEC. 6212. PILOT PROGRAM ON SHARING OF INFORMATION RELATED TO +SUSPICIOUS ACTIVITY REPORTS WITHIN A FINANCIAL GROUP. + (a) Sharing With Foreign Branches and Affiliates.--Section 5318(g) +of title 31, United States Code, as amended by sections 6202 and 6206 +of this division, is amended by adding at the end the following: + ``(8) Pilot program on sharing with foreign branches, + subsidiaries, and affiliates.-- + ``(A) In general.-- + ``(i) Issuance of rules.--Not later than 1 year after + the date of enactment of this paragraph, the Secretary of + the Treasury shall issue rules, in coordination with the + Director of the Financial Crimes Enforcement Network, + establishing the pilot program described in subparagraph + (B). + ``(ii) Considerations.--In issuing the rules required + under clause (i), the Secretary shall ensure that the + sharing of information described in subparagraph (B)-- + + ``(I) is limited by the requirements of Federal and + State law enforcement operations; + ``(II) takes into account potential concerns of the + intelligence community; and + ``(III) is subject to appropriate standards and + requirements regarding data security and the + confidentiality of personally identifiable information. + + ``(B) Pilot program described.--The pilot program described + in this paragraph shall-- + ``(i) permit a financial institution with a reporting + obligation under this subsection to share information + related to reports under this subsection, including that + such a report has been filed, with the institution's + foreign branches, subsidiaries, and affiliates for the + purpose of combating illicit finance risks, notwithstanding + any other provision of law except subparagraph (A) or (C); + ``(ii) permit the Secretary to consider, implement, and + enforce provisions that would hold a foreign affiliate of a + United States financial institution liable for the + disclosure of information related to reports under this + section; + ``(iii) terminate on the date that is 3 years after the + date of enactment of this paragraph, except that the + Secretary of the Treasury may extend the pilot program for + not more than 2 years upon submitting to the Committee on + Banking, Housing, and Urban Affairs of the Senate and the + Committee on Financial Services of the House of + Representatives a report that includes-- + + ``(I) a certification that the extension is in the + national interest of the United States, with a detailed + explanation of the reasons that the extension is in the + national interest of the United States; + ``(II) after appropriate consultation by the + Secretary with participants in the pilot program, an + evaluation of the usefulness of the pilot program, + including a detailed analysis of any illicit activity + identified or prevented as a result of the program; and + ``(III) a detailed legislative proposal providing + for a long-term extension of activities under the pilot + program, measures to ensure data security, and + confidentiality of personally identifiable information, + including expected budgetary resources for those + activities, if the Secretary of the Treasury determines + that a long-term extension is appropriate. + + ``(C) Prohibition involving certain jurisdictions.-- + ``(i) In general.--In issuing the rules required under + subparagraph (A), the Secretary of the Treasury may not + permit a financial institution to share information on + reports under this subsection with a foreign branch, + subsidiary, or affiliate located in-- + + ``(I) the People's Republic of China; + ``(II) the Russian Federation; or + ``(III) a jurisdiction that-- + + ``(aa) is a state sponsor of terrorism; + ``(bb) is subject to sanctions imposed by the + Federal Government; or + ``(cc) the Secretary has determined cannot + reasonably protect the security and confidentiality + of such information. + ``(ii) Exceptions.--The Secretary is authorized to make + exceptions, on a case-by-case basis, for a financial + institution located in a jurisdiction listed in subclause + (I) or (II) of clause (i), if the Secretary notifies the + Committee on Banking, Housing, and Urban Affairs of the + Senate and the Committee on Financial Services of the House + of Representatives that such an exception is in the + national security interest of the United States. + ``(D) Implementation updates.--Not later than 360 days + after the date on which rules are issued under subparagraph + (A), and annually thereafter for 3 years, the Secretary of the + Treasury, or the designee of the Secretary, shall brief the + Committee on Banking, Housing, and Urban Affairs of the Senate + and the Committee on Financial Services of the House of + Representatives on-- + ``(i) the degree of any information sharing permitted + under the pilot program and a description of criteria used + by the Secretary to evaluate the appropriateness of the + information sharing; + ``(ii) the effectiveness of the pilot program in + identifying or preventing the violation of a United States + law or regulation and mechanisms that may improve that + effectiveness; and + ``(iii) any recommendations to amend the design of the + pilot program. + ``(9) Treatment of foreign jurisdiction-originated reports.-- + Information related to a report received by a financial institution + from a foreign affiliate with respect to a suspicious transaction + relevant to a possible violation of law or regulation shall be + subject to the same confidentiality requirements provided under + this subsection for a report of a suspicious transaction described + in paragraph (1). + ``(10) No offshoring compliance.--No financial institution may + establish or maintain any operation located outside of the United + States the primary purpose of which is to ensure compliance with + the Bank Secrecy Act as a result of the sharing granted under this + subsection. + ``(11) Definitions.--In this subsection: + ``(A) Affiliate.--The term `affiliate' means an entity that + controls, is controlled by, or is under common control with + another entity. + ``(B) Bank secrecy act; state bank supervisor; state credit + union supervisor.--The terms `Bank Secrecy Act', `State bank + supervisor', and `State credit union supervisor' have the + meanings given the terms in section 6003 of the Anti-Money + Laundering Act of 2020.''. + (b) Notification Prohibitions.--Section 5318(g)(2)(A) of title 31, +United States Code, is amended-- + (1) in clause (i), by inserting ``or otherwise reveal any + information that would reveal that the transaction has been + reported,'' after ``transaction has been reported''; and + (2) in clause (ii), by inserting ``or otherwise reveal any + information that would reveal that the transaction has been + reported,'' after ``transaction has been reported,''. +SEC. 6213. SHARING OF COMPLIANCE RESOURCES. + (a) In General.--Section 5318 of title 31, United States Code, as +amended by section 6209 of this division, is amended by adding at the +end the following: + ``(p) Sharing of Compliance Resources.-- + ``(1) Sharing permitted.--In order to more efficiently comply + with the requirements of this subchapter, 2 or more financial + institutions may enter into collaborative arrangements, as + described in the statement entitled `Interagency Statement on + Sharing Bank Secrecy Act Resources', published on October 3, 2018, + by the Board of Governors of the Federal Reserve System, the + Federal Deposit Insurance Corporation, the Financial Crimes + Enforcement Network, the National Credit Union Administration, and + the Office of the Comptroller of the Currency. + ``(2) Outreach.--The Secretary of the Treasury and the + appropriate supervising agencies shall carry out an outreach + program to provide financial institutions with information, + including best practices, with respect to the collaborative + arrangements described in paragraph (1).''. + (b) Rule of Construction.--The amendment made by subsection (a) may +not be construed to require financial institutions to share resources. +SEC. 6214. ENCOURAGING INFORMATION SHARING AND PUBLIC-PRIVATE +PARTNERSHIPS. + (a) In General.--The Secretary shall convene a supervisory team of +relevant Federal agencies, private sector experts in banking, national +security, and law enforcement, and other stakeholders to examine +strategies to increase cooperation between the public and private +sectors for purposes of countering illicit finance, including +proliferation finance and sanctions evasion. + (b) Meetings.--The supervisory team convened under subsection (a) +shall meet periodically to advise on strategies to combat the risk +relating to proliferation financing. + (c) Federal Advisory Committee Act.--The Federal Advisory Committee +Act (5 U.S.C. App.) shall not apply to the supervisory team convened +under subsection (a) or to the activities of the supervisory team. +SEC. 6215. FINANCIAL SERVICES DE-RISKING. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) providing vital humanitarian and development assistance and + protecting the integrity of the international financial system are + complementary goals; + (2) nonprofit organizations based in the United States with + international activities often face difficulties with financial + access, most commonly the inability to send funds internationally + through transparent, regulated financial channels; + (3) without access to timely and predictable banking services, + nonprofit organizations, including international development + organizations, cannot carry out essential humanitarian activities + critical to the survival of those in affected communities; + (4) similar access issues are a concern for other underserved + individuals and entities such as those sending remittances from the + United States to their families overseas and certain domestic and + overseas jurisdictions that have experienced curtailed access to + cross-border financial services due, in part, to de-risking; + (5) the financial exclusion caused by de-risking can ultimately + drive money into less transparent, shadow channels through the + carrying of cash or use of unlicensed or unregistered money service + remitters, thus reducing transparency and traceability, which are + critical for financial integrity, and can increase the risk of + money falling into the wrong hands; + (6) effective measures are needed to stop the flow of illicit + funds and promote the goals of anti-money laundering and countering + the financing of terrorism and sanctions regimes; + (7) anti-money laundering, countering the financing of + terrorism, and sanctions policies are needed that do not unduly + hinder or delay the efforts of legitimate humanitarian + organizations in providing assistance to-- + (A) meet the needs of civilians facing a humanitarian + crisis, including enabling governments and humanitarian + organizations to provide them with timely access to food, + health, and medical care, shelter, and clean drinking water; + and + (B) prevent or alleviate human suffering, in keeping with + requirements of international humanitarian law; + (8) anti-money laundering, countering the financing of + terrorism, and sanctions policies must ensure that the policies do + not unduly hinder or delay legitimate access to the international + financial system for underserved individuals, entities, and + geographic areas; + (9) policies that ensure that incidental, inadvertent benefits + that may indirectly benefit a designated group in the course of + delivering life-saving aid to civilian populations are not the + primary focus of Federal Government enforcement efforts; + (10) policies that encourage financial inclusion, particularly + of underserved populations, must remain a priority; and + (11) laws, regulations, policies, guidance, and other measures + that ensure the integrity of the financial system through a risk- + based approach should be prioritized. + (b) GAO De-risking Analysis.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the Comptroller General of the United States + shall conduct an analysis and submit to Congress a report on + financial services de-risking. + (2) Contents.--The analysis required under paragraph (1) + shall-- + (A) rely substantially on information obtained through + prior de-risking analyses conducted by the Comptroller General + of the United States; + (B) consider the many drivers of de-risking as identified + by the Financial Action Task Force, including profitability, + reputational risk, lower risk appetites of banks, regulatory + burdens and unclear expectations, and sanctions regimes; and + (C) identify options for financial institutions handling + transactions or accounts for high-risk categories of clients + and for minimizing the negative effects of anti-money + laundering and countering the financing of terrorism + requirements on such individuals and entities and on certain + high-risk geographic jurisdictions, without compromising the + effectiveness of Federal anti-money laundering and countering + the financing of terrorism requirements. + (c) Review of De-risking.-- + (1) Definition.--In this subsection, the term ``de-risking'' + means actions taken by a financial institution to terminate, fail + to initiate, or restrict a business relationship with a customer, + or a category of customers, rather than manage the risk associated + with that relationship consistent with risk-based supervisory or + regulatory requirements, due to drivers such as profitability, + reputational risk, lower risk appetites of banks, regulatory + burdens or unclear expectations, and sanctions regimes. + (2) Review.--Upon completion of the analysis required under + subsection (b), the Secretary, in consultation with the Federal + functional regulators, State bank supervisors, State credit union + supervisors, and appropriate public- and private-sector + stakeholders shall-- + (A) undertake a formal review of the financial institution + reporting requirements, as in effect on the date of enactment + of this Act, including the processes used to submit reports + under the Bank Secrecy Act, regulations implementing the Bank + Secrecy Act, examination standards related to the Bank Secrecy + Act, and related guidance; and + (B) propose changes, as appropriate, to those requirements + and examination standards described in paragraph (1) to reduce + any unnecessarily burdensome regulatory requirements and ensure + that the information provided fulfills the purpose described in + section 5311 of title 31, United States Code, as amended by + this division. + (3) Contents.--The review required under paragraph (2) shall-- + (A) rely substantially on information obtained through the + de-risking analyses conducted by the Comptroller General of the + United States; and + (B) consider-- + (i) any adverse consequence of financial institutions + de-risking entire categories of relationships, including + charities, embassy accounts, money services businesses, as + defined in section 1010.100 of title 31, Code of Federal + Regulations, or a successor regulation, agents of the + financial institutions, countries, international and + domestic regions, and respondent banks; + (ii) the reasons why financial institutions are + engaging in de-risking, including the role of domestic and + international regulations, standards, and examinations; + (iii) the association with and effects of de-risking on + money laundering and financial crime actors and activities; + (iv) the most appropriate ways to promote financial + inclusion, particularly with respect to developing + countries, while maintaining compliance with the Bank + Secrecy Act, including an assessment of policy options to-- + + (I) more effectively tailor Federal actions and penalties to the size of foreign financial institutions and any capacity limitations of foreign governments; and - (B) reduce compliance costs that may lead to the - adverse consequences described in paragraph (1); - (5) formal and informal feedback provided by examiners that - may have led to de-risking; - (6) the relationship between resources dedicated to - compliance and overall sophistication of compliance efforts at - entities that may be experiencing de-risking versus those that - have not experienced de-risking; and - (7) any best practices from the private sector that - facilitate correspondent bank relationships. - (b) De-Risking Strategy.--The Secretary shall develop a strategy to -reduce de-risking and adverse consequences related to de-risking. - (c) Report.--Not later than the end of the 1-year period beginning -on the date of the enactment of this Act, the Secretary, in -consultation with the Federal functional regulators, State bank -supervisors, and other relevant stakeholders, shall issue a report to -the Congress containing-- - (1) all findings and determinations made in carrying out - the study required under subsection (a); and - (2) the strategy developed pursuant to subsection (b). - (d) Definitions.--In this section: - (1) De-risking.--The term ``de-risking'' means the - wholesale closing of accounts or limiting of financial services - for a category of customer due to unsubstantiated risk as it - relates to compliance with the Bank Secrecy Act. - (2) BSA terms.--The terms ``Bank Secrecy Act'' and - ``financial institution'' have the meaning given those terms, - respectively, under section 5312 off title 31, United States - Code. - (3) State bank supervisor.--The term ``State bank - supervisor'' has the meaning given that term under section 3 of - the Federal Deposit Insurance Act (12 U.S.C. 1813). - -SEC. 7112. AML EXAMINATION AUTHORITY DELEGATION STUDY. - - (a) Study.--The Secretary of the Treasury, in consultation with -State bank supervisors (as defined under section 3 of the Federal -Deposit Insurance Act (12 U.S.C. 1813)) and other relevant -stakeholders, shall carry out a study on the Secretary's delegation of -examination authority under the Bank Secrecy Act, including-- - (1) an evaluation of the efficacy of the delegation, - especially with respect to the mission of the Bank Secrecy Act; - (2) whether the delegated agencies have appropriate - resources to perform their delegated responsibilities; and - (3) whether the examiners in delegated agencies have - sufficient training and support to perform their - responsibilities. - (b) Report.--Not later than 1 year after the date of enactment of -this Act, the Secretary of the Treasury shall submit to the Committee -on Financial Services of the House of Representatives and the Committee -on Banking, Housing, and Urban Affairs of the Senate a report -containing-- - (1) all findings and determinations made in carrying out - the study required under subsection (a); and - (2) recommendations to improve the efficacy of delegation - authority, including the potential for de-delegation of any or - all such authority where it may be appropriate. - (c) Bank Secrecy Act Defined.--The term ``Bank Secrecy Act'' has -the meaning given that term under section 5312 of title 31, United -States Code. - -SEC. 7113. STUDY AND STRATEGY ON CHINESE MONEY LAUNDERING. - - (a) Study.--The Secretary of the Treasury shall carry out a study -on the extent and effect of Chinese money laundering activities in the -United States, including territories and possessions of the United -States, and worldwide. - (b) Strategy To Combat Chinese Money Laundering.--Upon the -completion of the study required under subsection (a), the Secretary -shall, in consultation with such other Federal departments and agencies -as the Secretary determines appropriate, develop a strategy to combat -Chinese money laundering activities. - (c) Report.--Not later than the end of the 1-year period beginning -on the date of enactment of this Act, the Secretary of the Treasury -shall issue a report to Congress containing-- - (1) all findings and determinations made in carrying out - the study required under subsection (a); and - (2) the strategy developed under subsection (b). - - TITLE II--IMPROVING AML/CFT OVERSIGHT - -SEC. 7201. PILOT PROGRAM ON SHARING OF SUSPICIOUS ACTIVITY REPORTS - WITHIN A FINANCIAL GROUP. - - (a) In General.-- - (1) Sharing with foreign branches and affiliates.--Section - 5318(g) of title 31, United States Code, is amended by adding - at the end the following: - ``(5) Pilot program on sharing with foreign branches, - subsidiaries, and affiliates.-- - ``(A) In general.--The Secretary of the Treasury - shall issue rules establishing the pilot program - described under subparagraph (B), subject to such - controls and restrictions as the Director of the - Financial Crimes Enforcement Network determines - appropriate, including controls and restrictions - regarding participation by financial institutions and - jurisdictions in the pilot program. In prescribing such - rules, the Secretary shall ensure that the sharing of - information described under such subparagraph (B) is - subject to appropriate standards and requirements - regarding data security and the confidentiality of - personally identifiable information. - ``(B) Pilot program described.--The pilot program - required under this paragraph shall-- - ``(i) permit a financial institution with a - reporting obligation under this subsection to - share reports (and information on such reports) - under this subsection with the institution's - foreign branches, subsidiaries, and affiliates - for the purpose of combating illicit finance - risks, notwithstanding any other provision of - law except subparagraphs (A) and (C); - ``(ii) terminate on the date that is 5 - years after the date of enactment of this - paragraph, except that the Secretary may extend - the pilot program for up to 2 years upon - submitting a report to the Committee on - Financial Services of the House of - Representatives and the Committee on Banking, - Housing, and Urban Affairs of the Senate that - includes-- - ``(I) a certification that the - extension is in the national interest - of the United States, with a detailed - explanation of the reasons therefor; - ``(II) an evaluation of the - usefulness of the pilot program, - including a detailed analysis of any - illicit activity identified or - prevented as a result of the program; - and - ``(III) a detailed legislative - proposal providing for a long-term - extension of the pilot program - activities, including expected - budgetary resources for the activities, - if the Secretary determines that a - long-term extension is appropriate. - ``(C) Prohibition involving certain - jurisdictions.--In issuing the regulations required - under subparagraph (A), the Secretary may not permit a - financial institution to share information on reports - under this subsection with a foreign branch, - subsidiary, or affiliate located in-- - ``(i) the People's Republic of China; - ``(ii) the Russian Federation; or - ``(iii) a jurisdiction that-- - ``(I) is subject to countermeasures - imposed by the Federal Government; - ``(II) is a state sponsor of - terrorism; or - ``(III) the Secretary has - determined cannot reasonably protect - the privacy and confidentiality of such - information or would otherwise use such - information in a manner that is not - consistent with the national interest - of the United States. - ``(D) Implementation updates.--Not later than 360 - days after the date rules are issued under subparagraph - (A), and annually thereafter for 3 years, the - Secretary, or the Secretary's designee, shall brief the - Committee on Financial Services of the House of - Representatives and the Committee on Banking, Housing, - and Urban Affairs of the Senate on-- - ``(i) the degree of any information sharing - permitted under the pilot program, and a - description of criteria used by the Secretary - to evaluate the appropriateness of the - information sharing; - ``(ii) the effectiveness of the pilot - program in identifying or preventing the - violation of a United States law or regulation, - and mechanisms that may improve such - effectiveness; and - ``(iii) any recommendations to amend the - design of the pilot program. - ``(E) Rule of construction.--Nothing in this - paragraph shall be construed as limiting the - Secretary's authority under provisions of law other - than this paragraph to establish other permissible - purposes or methods for a financial institution sharing - reports (and information on such reports) under this - subsection with the institution's foreign headquarters - or with other branches of the same institution. - ``(F) Notice of use of other authority.--If the - Secretary, pursuant to any authority other than that - provided under this paragraph, permits a financial - institution to share information on reports under this - subsection with a foreign branch, subsidiary, or - affiliate located in a foreign jurisdiction, the - Secretary shall notify the Committee on Financial - Services of the House of Representatives and the - Committee on Banking, Housing, and Urban Affairs of - such permission and the applicable foreign - jurisdiction. - ``(6) Treatment of foreign jurisdiction-originated - reports.--A report received by a financial institution from a - foreign affiliate with respect to a suspicious transaction - relevant to a possible violation of law or regulation shall be - subject to the same confidentiality requirements provided under - this subsection for a report of a suspicious transaction - described under paragraph (1).''. - (2) Notification prohibitions.--Section 5318(g)(2)(A) of - title 31, United States Code, is amended-- - (A) in clause (i), by inserting after ``transaction - has been reported'' the following: ``or otherwise - reveal any information that would reveal that the - transaction has been reported''; and - (B) in clause (ii), by inserting after - ``transaction has been reported,'' the following: ``or - otherwise reveal any information that would reveal that - the transaction has been reported,''. - (b) Rulemaking.--Not later than the end of the 360-day period -beginning on the date of enactment of this Act, the Secretary of the -Treasury shall issue regulations to carry out the amendments made by -this section. - -SEC. 7202. SHARING OF COMPLIANCE RESOURCES. - - (a) In General.--Section 5318 of title 31, United States Code, is + (II) reduce compliance costs that may lead to the + adverse consequences described in clause (i); + + (v) formal and informal feedback provided by examiners + that may have led to de-risking; + (vi) the relationship between resources dedicated to + compliance and overall sophistication of compliance efforts + at entities that may be experiencing de-risking, especially + compared to those that have not experienced de-risking; + (vii) best practices from the private sector that + facilitate correspondent banking relationships; and + (viii) other matters that the Secretary determines are + appropriate. + (4) Strategy on de-risking.--Upon the completion of the review + required under this subsection, the Secretary of the Treasury, in + consultation with the Federal functional regulators, State bank + supervisors, State credit union supervisors, and appropriate + public- and private-sector stakeholders, shall develop a strategy + to reduce de-risking and adverse consequences related to de- + risking. + (5) Report.--Not later than 1 year after the completion of the + analysis required under subsection (b), the Secretary shall submit + to the Committee on Financial Services of the House of + Representatives and the Committee on Banking, Housing, and Urban + Affairs of the Senate a report containing-- + (A) all findings and determinations made in carrying out + the review required under this subsection; and + (B) the strategy developed under paragraph (4). +SEC. 6216. REVIEW OF REGULATIONS AND GUIDANCE. + (a) In General.--The Secretary, in consultation with the Federal +functional regulators, the Financial Institutions Examination Council, +the Attorney General, Federal law enforcement agencies, the Director of +National Intelligence, the Secretary of Homeland Security, and the +Commissioner of Internal Revenue, shall-- + (1) undertake a formal review of the regulations implementing + the Bank Secrecy Act and guidance related to that Act-- + (A) to ensure the Department of the Treasury provides, on a + continuing basis, for appropriate safeguards to protect the + financial system from threats, including money laundering and + the financing of terrorism and proliferation, to national + security posed by various forms of financial crime; + (B) to ensure that those provisions will continue to + require certain reports or records that are highly useful in + countering financial crime; and + (C) to identify those regulations and guidance that-- + (i) may be outdated, redundant, or otherwise do not + promote a risk-based anti-money laundering compliance and + countering the financing of terrorism regime for financial + institutions; or + (ii) do not conform with the commitments of the United + States to meet international standards to combat money + laundering, financing of terrorism, serious tax fraud, or + other financial crimes; and + (2) make appropriate changes to the regulations and guidance + described in paragraph (1) to improve, as appropriate, the + efficiency of those provisions. + (b) Public Comment.--The Secretary shall solicit public comment as +part of the review required under subsection (a). + (c) Report.--Not later than 1 year after the date of enactment of +this Act, the Secretary, in consultation with the Financial +Institutions Examination Council, the Federal functional regulators, +the Attorney General, Federal law enforcement agencies, the Director of +National Intelligence, the Secretary of Homeland Security, and the +Commissioner of Internal Revenue, shall submit to Congress a report +that contains all findings and determinations made in carrying out the +review required under subsection (a), including administrative or +legislative recommendations. + + TITLE LXIII--IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE + FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES + +Sec. 6301. Improved interagency coordination and consultation. +Sec. 6302. Subcommittee on Information Security and Confidentiality. +Sec. 6303. Establishment of Bank Secrecy Act Information Security + Officers. +Sec. 6304. FinCEN analytical hub. +Sec. 6305. Assessment of Bank Secrecy Act no-action letters. +Sec. 6306. Cooperation with law enforcement. +Sec. 6307. Training for examiners on anti-money laundering and + countering the financing of terrorism. +Sec. 6308. Obtaining foreign bank records from banks with United States + correspondent accounts. +Sec. 6309. Additional damages for repeat Bank Secrecy Act violators. +Sec. 6310. Certain violators barred from serving on boards of United + States financial institutions. +Sec. 6311. Department of Justice report on deferred and non-prosecution + agreements. +Sec. 6312. Return of profits and bonuses. +Sec. 6313. Prohibition on concealment of the source of assets in + monetary transactions. +Sec. 6314. Updating whistleblower incentives and protection. +SEC. 6301. IMPROVED INTERAGENCY COORDINATION AND CONSULTATION. + Section 5318 of title 31, United States Code, as amended by +sections 6209 and 6213(a) of this division, is amended by adding at the +end the following: + ``(q) Interagency Coordination and Consultation.-- + ``(1) In general.--The Secretary of the Treasury shall, as + appropriate, invite an appropriate State bank supervisor and an + appropriate State credit union supervisor to participate in the + interagency consultation and coordination with the Federal + depository institution regulators regarding the development or + modification of any rule or regulation carrying out this + subchapter. + ``(2) Rules of construction.--Nothing in this subsection may be + construed to-- + ``(A) affect, modify, or limit the discretion of the + Secretary of the Treasury with respect to the methods or forms + of interagency consultation and coordination; or + ``(B) require the Secretary of the Treasury or a Federal + depository institution regulator to coordinate or consult with + an appropriate State bank supervisor or to invite such + supervisor to participate in interagency consultation and + coordination with respect to a matter, including a rule or + regulation, specifically affecting only Federal depository + institutions or Federal credit unions. + ``(3) Definitions.--In this subsection: + ``(A) Appropriate state bank supervisor.--The term + `appropriate State bank supervisor' means the Chairman or + members of the State Liaison Committee of the Financial + Institutions Examination Council. + ``(B) Appropriate state credit union supervisor.--The term + `appropriate State credit union supervisor' means the Chairman + or members of the State Liaison Committee of the Financial + Institutions Examination Council. + ``(C) Federal credit union.--The term `Federal credit + union' has the meaning given the term in section 101 of the + Federal Credit Union Act (12 U.S.C. 1752). + ``(D) Federal depository institution.--The term `Federal + depository institution' has the meaning given the term in + section 3 of the Federal Deposit Insurance Act (12 U.S.C. + 1813). + ``(E) Federal depository institution regulators.--The term + `Federal depository institution regulator' means a member of + the Financial Institutions Examination Council to which is + delegated any authority of the Secretary under subsection + (a)(1).''. +SEC. 6302. SUBCOMMITTEE ON INFORMATION SECURITY AND CONFIDENTIALITY. + Section 1564 of the Annunzio-Wylie Anti-Money Laundering Act (31 +U.S.C. 5311 note), as amended by section 6207 of this division, is amended by adding at the end the following: - ``(o) Sharing of Compliance Resources.-- - ``(1) Sharing permitted.--Two or more financial - institutions may enter into collaborative arrangements in order - to more efficiently comply with the requirements of this - subchapter. - ``(2) Outreach.--The Secretary of the Treasury and the - appropriate supervising agencies shall carry out an outreach - program to provide financial institutions with information, - including best practices, with respect to the sharing of - resources described under paragraph (1).''. - (b) Rule of Construction.--The amendment made by subsection (a) may -not be construed to require financial institutions to share resources. + ``(e) Subcommittee on Information Security and Confidentiality.-- + ``(1) In general.--There shall be within the Bank Secrecy Act + Advisory Group a subcommittee to be known as the Subcommittee on + Information Security and Confidentiality (in this subsection + referred to as the `Subcommittee') to advise the Secretary of the + Treasury regarding the information security and confidentiality + implications of regulations, guidance, information sharing + programs, and the examination for compliance with and enforcement + of the provisions of the Bank Secrecy Act. + ``(2) Membership.-- + ``(A) In general.--The Subcommittee shall consist of the + representatives of the heads of the Federal functional + regulators, including, as appropriate, the Bank Secrecy Act + Information Security Officers as established in section 6303 of + the Anti-Money Laundering Act of 2020, and representatives from + financial institutions subject to the Bank Secrecy Act, law + enforcement, FinCEN, and any other representatives as + determined by the Secretary of the Treasury. + ``(B) Requirements.--Each agency representative described + in subparagraph (A) shall be an individual who has demonstrated + knowledge and competence concerning the application of the Bank + Secrecy Act and familiarity with and expertise in applicable + laws. + ``(3) Sunset.-- + ``(A) In general.--Except as provided in subparagraph (B), + the Subcommittee shall terminate on the date that is 5 years + after the date of enactment of this subsection. + ``(B) Exception.--The Secretary of the Treasury may renew + the Subcommittee for 1-year periods beginning on the date that + is 5 years after the date of enactment of this subsection. + ``(f) Definitions.--In this section: + ``(1) Bank secrecy act.--The term `Bank Secrecy Act' has the + meaning given the term in section 6003 of the Anti-Money Laundering + Act of 2020. + ``(2) Federal functional regulator.--The term `Federal + functional regulator' has the meaning given the term in section 509 + of the Gramm-Leach-Bliley Act (15 U.S.C. 6809). + ``(3) FinCEN.--The term `FinCEN' means the Financial Crimes + Enforcement Network of the Department of the Treasury. + ``(4) Financial institution.--The term `financial institution' + has the meaning given the term in section 5312 of title 31, United + States Code. + ``(5) State credit union supervisor.--The term `State credit + union supervisor' means a State official described in section + 107A(e) of the Federal Credit Union Act (12 U.S.C. 1757a(e)).''. +SEC. 6303. ESTABLISHMENT OF BANK SECRECY ACT INFORMATION SECURITY +OFFICERS. + (a) Appointment of Officers.--Not later than 1 year after the +effective date of the regulations promulgated under subsection (d) of +section 310 of title 31, United States Code, as added by section 6103 +of this division, a Bank Secrecy Act Information Security Officer shall +be appointed, from among individuals with expertise in Federal +information security or privacy laws or Bank Secrecy Act disclosure +policies and procedures-- + (1) within each Federal functional regulator, by the head of + the Federal functional regulator; + (2) within FinCEN, by the Director of FinCEN; and + (3) within the Internal Revenue Service, by the Secretary. + (b) Duties.--Each Bank Secrecy Act Information Security Officer +shall, with respect to the applicable regulator, bureau, or Center +within which the Officer is located-- + (1) be consulted each time Bank Secrecy Act regulations + affecting information security or disclosure of Bank Secrecy Act + information are developed or reviewed; + (2) be consulted on information-sharing policies under the Bank + Secrecy Act, including those that allow financial institutions to + share information with each other and foreign affiliates, and those + that allow Federal agencies to share with regulated entities; + (3) be consulted on coordination and clarity between proposed + Bank Secrecy Act regulations and information security and + confidentiality requirements, including with respect to the + reporting of suspicious transactions under section 5318(g) of title + 31, United States Code; + (4) be consulted on-- + (A) the development of new technologies that may strengthen + information security and compliance with the Bank Secrecy Act; + and + (B) the protection of information collected by each Federal + functional regulator under the Bank Secrecy Act; and + (5) develop metrics of program success. +SEC. 6304. FINCEN ANALYTICAL HUB. + Section 310 of title 31, United States Code, as amended by sections +6103, 6105, 6107, 6108, and 6109 of this division, is amended by +inserting after subsection (i) the following: + ``(j) Analytical Experts.-- + ``(1) In general.--FinCEN shall maintain financial experts + capable of identifying, tracking, and tracing money laundering and + terrorist-financing networks in order to conduct and support civil + and criminal anti-money laundering and countering the financing of + terrorism investigations conducted by the United States Government. + ``(2) FinCEN analytical hub.--FinCEN, upon a reasonable request + from a Federal agency, shall, in collaboration with the requesting + agency and the appropriate Federal functional regulator, analyze + the potential anti-money laundering and countering the financing of + terrorism activity that prompted the request. + ``(k) Definitions.--In this section: + ``(1) Bank secrecy act.--The term `Bank Secrecy Act' has the + meaning given the term in section 6003 of the Anti-Money Laundering + Act of 2020. + ``(2) Federal functional regulator.--The term `Federal + functional regulator' has the meaning given the term in section 509 + of the Gramm-Leach-Bliley Act (15 U.S.C. 6809). + ``(3) Financial institution.--The term `financial institution' + has the meaning given the term in section 5312 of this title. + ``(4) State bank supervisor.--The term `State bank supervisor' + has the meaning given the term in section 3 of the Federal Deposit + Insurance Act (12 U.S.C. 1813). + ``(5) State credit union supervisor.--The term `State credit + union supervisor' means a State official described in section + 107A(e) of the Federal Credit Union Act (12 U.S.C. 1757a(e)).''. +SEC. 6305. ASSESSMENT OF BANK SECRECY ACT NO-ACTION LETTERS. + (a) Assessment.-- + (1) In general.--The Director, in consultation with the + Attorney General, the Federal functional regulators, State bank + supervisors, State credit union supervisors, and other Federal + agencies, as appropriate, shall conduct an assessment on whether to + establish a process for the issuance of no-action letters by FinCEN + in response to inquiries from persons concerning the application of + the Bank Secrecy Act, the USA PATRIOT Act (Public Law 107-56; 115 + Stat. 272), section 8(s) of the Federal Deposit Insurance Act (12 + U.S.C. 1818(s)), or any other anti-money laundering or countering + the financing of terrorism law (including regulations) to specific + conduct, including a request for a statement as to whether FinCEN + or any relevant Federal functional regulator intends to take an + enforcement action against the person with respect to such conduct. + (2) Analysis.--The assessment required under paragraph (1) + shall include an analysis of-- + (A) a timeline for the process used to reach a final + determination by FinCEN, in consultation with the relevant + Federal functional regulators, in response to a request by a + person for a no-action letter; + (B) whether improvements in current processes are + necessary; + (C) whether a formal no-action letter process would help to + mitigate or accentuate illicit finance risks in the United + States; and + (D) any other matter the Secretary determines is + appropriate. + (b) Report and Rulemakings.--Not later than 180 days after the date +of enactment of this Act, the Secretary, in coordination with the +Director of the Federal Bureau of Investigation, the Attorney General, +the Secretary of Homeland Security, and the Federal functional +regulators, shall-- + (1) submit to the Committee on Banking, Housing, and Urban + Affairs of the Senate and the Committee on Financial Services of + the House of Representatives a report that contains all findings + and determinations made in carrying out the assessment required + under subsection (a); and + (2) propose rulemakings, if appropriate, to implement the + findings and determinations described in paragraph (1). +SEC. 6306. COOPERATION WITH LAW ENFORCEMENT. + (a) In General.-- + (1) Amendment to title 31.--Subchapter II of chapter 53 of + title 31, United States Code, is amended by adding at the end the + following: +``Sec. 5333. Safe harbor with respect to keep open directives + ``(a) In General.--With respect to a customer account or customer +transaction of a financial institution, if a Federal law enforcement +agency, after notifying FinCEN of the intent to submit a written +request to the financial institution that the financial institution +keep that account or transaction open (referred to in this section as a +`keep open request'), or if a State, Tribal, or local law enforcement +agency with the concurrence of FinCEN submits a keep open request-- + ``(1) the financial institution shall not be liable under this + subchapter for maintaining that account or transaction consistent + with the parameters and timing of the request; and + ``(2) no Federal or State department or agency may take any + adverse supervisory action under this subchapter with respect to + the financial institution solely for maintaining that account or + transaction consistent with the parameters of the request. + ``(b) Rule of Construction.--Nothing in this section may be +construed-- + ``(1) to prevent a Federal or State department or agency from + verifying the validity of a keep open request submitted under + subsection (a) with the law enforcement agency submitting that + request; + ``(2) to relieve a financial institution from complying with + any reporting requirements or any other provisions of this + subchapter, including the reporting of suspicious transactions + under section 5318(g); or + ``(3) to extend the safe harbor described in subsection (a) to + any actions taken by the financial institution-- + ``(A) before the date of the keep open request to maintain + a customer account; or + ``(B) after the termination date stated in the keep open + request. + ``(c) Letter Termination Date.--For the purposes of this section, +any keep open request submitted under subsection (a) shall include a +termination date after which that request shall no longer apply. + ``(d) Record Keeping.--Any Federal, State, Tribal, or local law +enforcement agency that submits to a financial institution a keep open +request shall, not later than 2 business days after the date on which +the request is submitted to the financial institution-- + ``(1) submit to FinCEN a copy of the request; and + ``(2) alert FinCEN as to whether the financial institution has + implemented the request. + ``(e) Guidance.--The Secretary of the Treasury, in consultation +with the Attorney General and Federal, State, Tribal, and local law +enforcement agencies, shall issue guidance on the required elements of +a keep open request.''. + (2) Amendment to public law 91-508.--Chapter 2 of title I of + Public Law 91-508 (12 U.S.C. 1951 et seq.) is amended by adding at + the end the following: +``Sec. 130. Safe harbor with respect to keep open directives + ``(a) Definition.--In this section, the term `financial +institution' means an entity to which section 123(b) applies. + ``(b) Safe Harbor.--With respect to a customer account or customer +transaction of a financial institution, if a Federal law enforcement +agency, after notifying FinCEN of the intent to submit a written +request to the financial institution that the financial institution +keep that account or transaction open (referred to in this section as a +`keep open request'), or if a State, Tribal, or local law enforcement +agency with the concurrence of FinCEN submits a keep open request-- + ``(1) the financial institution shall not be liable under this + chapter for maintaining that account or transaction consistent with + the parameters and timing of the request; and + ``(2) no Federal or State department or agency may take any + adverse supervisory action under this chapter with respect to the + financial institution solely for maintaining that account or + transaction consistent with the parameters of the request. + ``(c) Rule of Construction.--Nothing in this section may be +construed-- + ``(1) to prevent a Federal or State department or agency from + verifying the validity of a keep open request submitted under + subsection (b) with the law enforcement agency submitting that + request; + ``(2) to relieve a financial institution from complying with + any reporting requirements, including the reporting of suspicious + transactions under section 5318(g) of title 31, United States Code; + or + ``(3) to extend the safe harbor described in subsection (b) to + any actions taken by the financial institution-- + ``(A) before the date of the keep open request to maintain + a customer account; or + ``(B) after the termination date stated in the keep open + request. + ``(d) Letter Termination Date.--For the purposes of this section, +any keep open request submitted under subsection (b) shall include a +termination date after which that request shall no longer apply. + ``(e) Record Keeping.--Any Federal, State, Tribal, or local law +enforcement agency that submits to a financial institution a keep open +request shall, not later than 2 business days after the date on which +the request is submitted to the financial institution-- + ``(1) submit to FinCEN a copy of the request; and + ``(2) alert FinCEN as to whether the financial institution has + implemented the request.''. + (b) Clerical Amendments.-- + (1) Title 31.--The table of sections for chapter 53 of title + 31, United States Code, is amended by inserting after the item + relating to section 5332 the following: -SEC. 7203. GAO STUDY ON FEEDBACK LOOPS. +``5333. Safe harbor with respect to keep open directives.''. - (a) Study.--The Comptroller General of the United States shall -carry out a study on-- - (1) best practices within the United States Government for - providing feedback (``feedback loop'') to relevant parties - (including regulated private entities) on the usage and - usefulness of personally identifiable information (``PII''), - sensitive-but-unclassified (``SBU'') data, or similar - information provided by such parties to Government users of - such information and data (including law enforcement or - regulators); and - (2) any practices or standards inside or outside the United - States for providing feedback through sensitive information and - public-private partnership information sharing efforts, - specifically related to efforts to combat money laundering and - other forms of illicit finance. - (b) Report.--Not later than the end of the 18-month period -beginning on the date of the enactment of this Act, the Comptroller -General shall issue a report to the Committee on Banking, Housing, and -Urban Affairs of the Senate and the Committee on Financial Services of -the House of Representatives containing-- - (1) all findings and determinations made in carrying out - the study required under subsection (a); - (2) with respect to each of paragraphs (1) and (2) of - subsection (a), any best practices or significant concerns - identified by the Comptroller General, and their applicability - to public-private partnerships and feedback loops with respect - to United States efforts to combat money laundering and other - forms of illicit finance; and - (3) recommendations to reduce or eliminate any unnecessary - Government collection of the information described under - subsection (a)(1). - -SEC. 7204. FINCEN STUDY ON BSA VALUE. - - (a) Study.--The Director of the Financial Crimes Enforcement -Network shall carry out a study on Bank Secrecy Act value. - (b) Report.--Not later than the end of the 30-day period beginning -on the date the study under subsection (a) is completed, the Director -shall issue a report to the Committee on Financial Services of the -House of Representatives and the Committee on Banking, Housing, and -Urban Affairs of the Senate containing all findings and determinations -made in carrying out the study required under this section. - (c) Classified Annex.--The report required under this section may -include a classified annex, if the Director determines it appropriate. - (d) Bank Secrecy Act Defined.--For purposes of this section, the -term ``Bank Secrecy Act'' has the meaning given that term under section -5312 of title 31, United States Code. + (2) Public law 91-508.--The table of sections for chapter 2 of + title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) is amended by + adding at the end the following: -SEC. 7205. SHARING OF THREAT PATTERN AND TREND INFORMATION. +``130. Safe harbor with respect to keep open directives.''. +SEC. 6307. TRAINING FOR EXAMINERS ON ANTI-MONEY LAUNDERING AND +COUNTERING THE FINANCING OF TERRORISM. + (a) In General.--Subchapter II of chapter 53 of title 31, United +States Code, as amended by section 6306(a)(1) of this division, is +amended by adding at the end the following: +``Sec. 5334. Training regarding anti-money laundering and countering + the financing of terrorism + ``(a) Training Requirement.--Each Federal examiner reviewing +compliance with the Bank Secrecy Act, as defined in section 6003 of the +Anti-Money Laundering Act of 2020, shall attend appropriate annual +training, as determined by the Secretary of the Treasury, relating to +anti-money laundering activities and countering the financing of +terrorism, including with respect to-- + ``(1) potential risk profiles and warning signs that an + examiner may encounter during examinations; + ``(2) financial crime patterns and trends; + ``(3) the high-level context for why anti-money laundering and + countering the financing of terrorism programs are necessary for + law enforcement agencies and other national security agencies and + what risks those programs seek to mitigate; and + ``(4) de-risking and the effect of de-risking on the provision + of financial services. + ``(b) Training Materials and Standards.--The Secretary of the +Treasury shall, in consultation with the Financial Institutions +Examination Council, the Financial Crimes Enforcement Network, and +Federal, State, Tribal, and local law enforcement agencies, establish +appropriate training materials and standards for use in the training +required under subsection (a).''. + (b) Clerical Amendment.--The table of sections for chapter 53 of +title 31, United States Code, as amended by section 6306(b)(1) of this +division, is amended by adding at the end the following: + +``5334. Training regarding anti-money laundering and countering the + financing of terrorism.''. +SEC. 6308. OBTAINING FOREIGN BANK RECORDS FROM BANKS WITH UNITED STATES +CORRESPONDENT ACCOUNTS. + (a) Grand Jury and Trial Subpoenas.--Section 5318(k) of title 31, +United States Code, is amended-- + (1) in paragraph (1)-- + (A) by redesignating subparagraph (B) as subparagraph (C); + and + (B) by inserting after subparagraph (A) the following: + ``(B) Covered financial institution.--The term `covered + financial institution' means an institution referred to in + subsection (j)(1).''; and + (2) by striking paragraph (3) and inserting the following: + ``(3) Foreign bank records.-- + ``(A) Subpoena of records.-- + ``(i) In general.--Notwithstanding subsection (b), the + Secretary of the Treasury or the Attorney General may issue + a subpoena to any foreign bank that maintains a + correspondent account in the United States and request any + records relating to the correspondent account or any + account at the foreign bank, including records maintained + outside of the United States, that are the subject of-- + + ``(I) any investigation of a violation of a + criminal law of the United States; + ``(II) any investigation of a violation of this + subchapter; + ``(III) a civil forfeiture action; or + ``(IV) an investigation pursuant to section 5318A. + + ``(ii) Production of records.--The foreign bank on + which a subpoena described in clause (i) is served shall + produce all requested records and authenticate all + requested records with testimony in the manner described + in-- + + ``(I) rule 902(12) of the Federal Rules of + Evidence; or + ``(II) section 3505 of title 18. + + ``(iii) Issuance and service of subpoena.--A subpoena + described in clause (i)-- + + ``(I) shall designate-- + + ``(aa) a return date; and + ``(bb) the judicial district in which the + related investigation is proceeding; and + + ``(II) may be served-- + + ``(aa) in person; + ``(bb) by mail or fax in the United States if + the foreign bank has a representative in the United + States; or + ``(cc) if applicable, in a foreign country + under any mutual legal assistance treaty, + multilateral agreement, or other request for + international legal or law enforcement assistance. + ``(iv) Relief from subpoena.-- + + ``(I) In general.--At any time before the return + date of a subpoena described in clause (i), the foreign + bank on which the subpoena is served may petition the + district court of the United States for the judicial + district in which the related investigation is + proceeding, as designated in the subpoena, to modify or + quash-- + + ``(aa) the subpoena; or + ``(bb) the prohibition against disclosure + described in subparagraph (C). + + ``(II) Conflict with foreign secrecy or + confidentiality.--An assertion that compliance with a + subpoena described in clause (i) would conflict with a + provision of foreign secrecy or confidentiality law + shall not be a sole basis for quashing or modifying the + subpoena. - Section 5318(g) of title 31, United States Code, as amended by -section 7201(a)(1), is further amended by adding at the end the -following: - ``(7) Sharing of threat pattern and trend information.-- - ``(A) SAR activity review.--The Director of the - Financial Crimes Enforcement Network shall restart - publication of the `SAR Activity Review - Trends, Tips - & Issues', on not less than a semi-annual basis, to - provide meaningful information about the preparation, - use, and value of reports filed under this subsection - by financial institutions, as well as other reports - filed by financial institutions under the Bank Secrecy - Act. - ``(B) Inclusion of typologies.--In each publication - described under subparagraph (A), the Director shall - provide financial institutions with typologies, - including data that can be adapted in algorithms - (including for artificial intelligence and machine - learning programs) where appropriate, on emerging money - laundering and counter terror financing threat patterns - and trends. - ``(C) Typology defined.--For purposes of this - paragraph, the term `typology' means the various - techniques used to launder money or finance - terrorism.''. - -SEC. 7206. MODERNIZATION AND UPGRADING WHISTLEBLOWER PROTECTIONS. - - (a) Rewards.--Section 5323(d) of title 31, United States Code, is -amended to read as follows: - ``(d) Source of Rewards.--For the purposes of paying a reward under -this section, the Secretary may, subject to amounts made available in -advance by appropriation Acts, use criminal fine, civil penalty, or -forfeiture amounts recovered based on the original information with -respect to which the reward is being paid.''. - (b) Whistleblower Incentives.--Chapter 53 of title 31, United -States Code, is amended-- - (1) by inserting after section 5323 the following: -``Sec. 5323A. Whistleblower incentives - ``(a) Definitions.--In this section: - ``(1) Covered judicial or administrative action.--The term - `covered judicial or administrative action' means any judicial - or administrative action brought by FinCEN under the Bank - Secrecy Act that results in monetary sanctions exceeding - $1,000,000. - ``(2) FinCEN.--The term `FinCEN' means the Financial Crimes - Enforcement Network. - ``(3) Monetary sanctions.--The term `monetary sanctions', - when used with respect to any judicial or administrative - action, means-- - ``(A) any monies, including penalties, - disgorgement, and interest, ordered to be paid; and - ``(B) any monies deposited into a disgorgement fund - as a result of such action or any settlement of such - action. - ``(4) Original information.--The term `original - information' means information that-- - ``(A) is derived from the independent knowledge or - analysis of a whistleblower; - ``(B) is not known to FinCEN from any other source, - unless the whistleblower is the original source of the - information; and - ``(C) is not exclusively derived from an allegation - made in a judicial or administrative hearing, in a - governmental report, hearing, audit, or investigation, - or from the news media, unless the whistleblower is a - source of the information. - ``(5) Related action.--The term `related action', when used - with respect to any judicial or administrative action brought - by FinCEN, means any judicial or administrative action that is - based upon original information provided by a whistleblower - that led to the successful enforcement of the action. - ``(6) Secretary.--The term `Secretary' means the Secretary - of the Treasury. - ``(7) Whistleblower.--The term `whistleblower' means any - individual who provides, or 2 or more individuals acting - jointly who provide, information relating to a violation of - laws enforced by FinCEN, in a manner established, by rule or - regulation, by FinCEN. - ``(b) Awards.-- - ``(1) In general.--In any covered judicial or - administrative action, or related action, the Secretary, under - such rules as the Secretary may issue and subject to subsection - (c), shall pay an award or awards to 1 or more whistleblowers - who voluntarily provided original information to FinCEN that - led to the successful enforcement of the covered judicial or - administrative action, or related action, in an aggregate - amount equal to not more than 30 percent, in total, of what has - been collected of the monetary sanctions imposed in the action. - ``(2) Source of awards.--For the purposes of paying any - award under paragraph (1), the Secretary may, subject to - amounts made available in advance by appropriation Acts, use - monetary sanction amounts recovered based on the original - information with respect to which the award is being paid. - ``(c) Determination of Amount of Award; Denial of Award.-- - ``(1) Determination of amount of award.-- - ``(A) Discretion.--The determination of the amount - of an award made under subsection (b) shall be in the - discretion of the Secretary. - ``(B) Criteria.--In responding to a disclosure and - determining the amount of an award made, FinCEN staff - shall meet with the whistleblower to discuss evidence - disclosed and rebuttals to the disclosure, and shall - take into consideration-- - ``(i) the significance of the information - provided by the whistleblower to the success of - the covered judicial or administrative action; - ``(ii) the degree of assistance provided by - the whistleblower and any legal representative - of the whistleblower in a covered judicial or - administrative action; - ``(iii) the mission of FinCEN in deterring - violations of the law by making awards to - whistleblowers who provide information that - lead to the successful enforcement of such - laws; and - ``(iv) such additional relevant factors as - the Secretary may establish by rule. - ``(2) Denial of award.--No award under subsection (b) shall - be made-- - ``(A) to any whistleblower who is, or was at the - time the whistleblower acquired the original - information submitted to FinCEN, a member, officer, or - employee of-- - ``(i) an appropriate regulatory agency; - ``(ii) the Department of Justice; - ``(iii) a self-regulatory organization; or - ``(iv) a law enforcement organization; - ``(B) to any whistleblower who is convicted of a - criminal violation, or who the Secretary has a - reasonable basis to believe committed a criminal - violation, related to the judicial or administrative - action for which the whistleblower otherwise could - receive an award under this section; - ``(C) to any whistleblower who gains the - information through the performance of an audit of - financial statements required under the Bank Secrecy - Act and for whom such submission would be contrary to - its requirements; or - ``(D) to any whistleblower who fails to submit - information to FinCEN in such form as the Secretary - may, by rule, require. - ``(3) Statement of reasons.--For any decision granting or - denying an award, the Secretary shall provide to the - whistleblower a statement of reasons that includes findings of - fact and conclusions of law for all material issues. - ``(d) Representation.-- - ``(1) Permitted representation.--Any whistleblower who - makes a claim for an award under subsection (b) may be - represented by counsel. - ``(2) Required representation.-- - ``(A) In general.--Any whistleblower who - anonymously makes a claim for an award under subsection - (b) shall be represented by counsel if the - whistleblower anonymously submits the information upon - which the claim is based. - ``(B) Disclosure of identity.--Prior to the payment - of an award, a whistleblower shall disclose their - identity and provide such other information as the - Secretary may require, directly or through counsel for - the whistleblower. - ``(e) Appeals.--Any determination made under this section, -including whether, to whom, or in what amount to make awards, shall be -in the discretion of the Secretary. Any such determination, except the -determination of the amount of an award if the award was made in -accordance with subsection (b), may be appealed to the appropriate -court of appeals of the United States not more than 30 days after the -determination is issued by the Secretary. The court shall review the -determination made by the Secretary in accordance with section 706 of -title 5. - ``(f) Employee Protections.--The Secretary of the Treasury shall -issue regulations protecting a whistleblower from retaliation, which -shall be as close as practicable to the employee protections provided -for under section 1057 of the Consumer Financial Protection Act of -2010.''; and - (2) in the table of contents for such chapter, by inserting - after the item relating to section 5323 the following new item: - -``5323A. Whistleblower incentives.''. - -SEC. 7207. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF UNITED - STATES FINANCIAL INSTITUTIONS. + ``(B) Acceptance of service.-- + ``(i) Maintaining records in the united states.--Any + covered financial institution that maintains a + correspondent account in the United States for a foreign + bank shall maintain records in the United States + identifying-- + + ``(I) the owners of record and the beneficial + owners of the foreign bank; and + ``(II) the name and address of a person who-- + + ``(aa) resides in the United States; and + ``(bb) is authorized to accept service of legal + process for records covered under this subsection. + ``(ii) Law enforcement request.--Upon receipt of a + written request from a Federal law enforcement officer for + information required to be maintained under this paragraph, + a covered financial institution shall provide the + information to the requesting officer not later than 7 days + after receipt of the request. + ``(C) Nondisclosure of subpoena.-- + ``(i) In general.--No officer, director, partner, + employee, or shareholder of, or agent or attorney for, a + foreign bank on which a subpoena is served under this + paragraph shall, directly or indirectly, notify any account + holder involved or any person named in the subpoena issued + under subparagraph (A)(i) and served on the foreign bank + about the existence or contents of the subpoena. + ``(ii) Damages.--Upon application by the Attorney + General for a violation of this subparagraph, a foreign + bank on which a subpoena is served under this paragraph + shall be liable to the United States Government for a civil + penalty in an amount equal to-- + + ``(I) double the amount of the suspected criminal + proceeds sent through the correspondent account of the + foreign bank in the related investigation; or + ``(II) if no such proceeds can be identified, not + more than $250,000. + + ``(D) Enforcement.-- + ``(i) In general.--If a foreign bank fails to obey a + subpoena issued under subparagraph (A)(i), the Attorney + General may invoke the aid of the district court of the + United States for the judicial district in which the + investigation or related proceeding is occurring to compel + compliance with the subpoena. + ``(ii) Court orders and contempt of court.--A court + described in clause (i) may-- + + ``(I) issue an order requiring the foreign bank to + appear before the Secretary of the Treasury or the + Attorney General to produce-- + + ``(aa) certified records, in accordance with-- + ``(AA) rule 902(12) of the Federal Rules of + Evidence; or + ``(BB) section 3505 of title 18; or + ``(bb) testimony regarding the production of + the certified records; and + + ``(II) punish any failure to obey an order issued + under subclause (I) as contempt of court. + + ``(iii) Service of process.--All process in a case + under this subparagraph shall be served on the foreign bank + in the same manner as described in subparagraph (A)(iii). + ``(E) Termination of correspondent relationship.-- + ``(i) Termination upon receipt of notice.--A covered + financial institution shall terminate any correspondent + relationship with a foreign bank not later than 10 business + days after the date on which the covered financial + institution receives written notice from the Secretary of + the Treasury or the Attorney General if, after consultation + with the other, the Secretary of the Treasury or the + Attorney General, as applicable, determines that the + foreign bank has failed-- + + ``(I) to comply with a subpoena issued under + subparagraph (A)(i); or + ``(II) to prevail in proceedings before-- + + ``(aa) the appropriate district court of the + United States after challenging a subpoena + described in subclause (I) under subparagraph + (A)(iv)(I); or + ``(bb) a court of appeals of the United States + after appealing a decision of a district court of + the United States under item (aa). + ``(ii) Limitation on liability.--A covered financial + institution shall not be liable to any person in any court + or arbitration proceeding for-- + + ``(I) terminating a correspondent relationship + under this subparagraph; or + ``(II) complying with a nondisclosure order under + subparagraph (C). + ``(iii) Failure to terminate relationship or failure to + comply with a subpoena.-- + + ``(I) Failure to terminate relationship.--A covered + financial institution that fails to terminate a + correspondent relationship under clause (i) shall be + liable for a civil penalty in an amount that is not + more than $25,000 for each day that the covered + financial institution fails to terminate the + relationship. + ``(II) Failure to comply with a subpoena.-- + + ``(aa) In general.--Upon failure to comply with + a subpoena under subparagraph (A)(i), a foreign + bank may be liable for a civil penalty assessed by + the issuing agency in an amount that is not more + than $50,000 for each day that the foreign bank + fails to comply with the terms of a subpoena. + ``(bb) Additional penalties.--Beginning after + the date that is 60 days after a foreign bank fails + to comply with a subpoena under subparagraph + (A)(i), the Secretary of the Treasury or the + Attorney General may seek additional penalties and + compel compliance with the subpoena in the + appropriate district court of the United States. + ``(cc) Venue for relief.--A foreign bank may + seek review in the appropriate district court of + the United States of any penalty assessed under + this clause and the issuance of a subpoena under + subparagraph (A)(i). + ``(F) Enforcement of civil penalties.--Upon application by + the United States, any funds held in the correspondent account + of a foreign bank that is maintained in the United States with + a covered financial institution may be seized by the United + States to satisfy any civil penalties that are imposed-- + ``(i) under subparagraph (C)(ii); + ``(ii) by a court for contempt under subparagraph (D); + or + ``(iii) under subparagraph (E)(iii)(II).''. + (b) Fair Credit Reporting Act Amendment.--Section 604(a)(1) of the +Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is amended-- + (1) by striking ``, or a'' and inserting ``, a''; and + (2) by inserting ``, or a subpoena issued in accordance with + section 5318 of title 31, United States Code, or section 3486 of + title 18, United States Code'' after ``grand jury''. + (c) Obstruction of Justice.--Section 1510(b)(3)(B) of title 18, +United States Code, is amended-- + (1) in the matter preceding clause (i), by striking ``or a + Department of Justice subpoena (issued under section 3486 of title + 18)'' and inserting ``, a subpoena issued under section 3486 of + this title, or an order or subpoena issued in accordance with + section 3512 of this title, section 5318 of title 31, or section + 1782 of title 28''; and + (2) in clause (i), by inserting ``, 1960, an offense against a + foreign nation constituting specified unlawful activity under + section 1956, a foreign offense for which enforcement of a foreign + forfeiture judgment could be brought under section 2467 of title + 28'' after ``1957''. + (d) Right to Financial Privacy Act.--Section 1120(b)(1)(A) of the +Right to Financial Privacy Act of 1978 (12 U.S.C. 3420(b)(1)(A)) is +amended-- + (1) by striking ``or 1957 of title 18'' and inserting ``, 1957, + or 1960 of title 18, United States Code''; and + (2) by striking ``and 5324 of title 31'' and inserting ``, + 5322, 5324, 5331, and 5332 of title 31, United States Code''. +SEC. 6309. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT VIOLATORS. Section 5321 of title 31, United States Code, is amended by adding at the end the following: - ``(f) Certain Violators Barred From Serving on Boards of United -States Financial Institutions.-- - ``(1) In general.--An individual found to have committed an - egregious violation of a provision of (or rule issued under) - the Bank Secrecy Act shall be barred from serving on the board - of directors of a United States financial institution for a 10- - year period beginning on the date of such finding. - ``(2) Egregious violation defined.--With respect to an - individual, the term `egregious violation' means-- - ``(A) a felony criminal violation for which the - individual was convicted; and - ``(B) a civil violation where the individual - willfully committed such violation and the violation - facilitated money laundering or the financing of - terrorism.''. - -SEC. 7208. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT VIOLATORS. - + ``(f) Additional Damages for Repeat Violators.-- + ``(1) In general.--In addition to any other fines permitted + under this section and section 5322, with respect to a person who + has previously violated a provision of (or rule issued under) this + subchapter, section 21 of the Federal Deposit Insurance Act (12 + U.S.C. 1829b), or section 123 of Public Law 91-508 (12 U.S.C. + 1953), the Secretary of the Treasury, if practicable, may impose an + additional civil penalty against such person for each additional + such violation in an amount that is not more than the greater of-- + ``(A) if practicable to calculate, 3 times the profit + gained or loss avoided by such person as a result of the + violation; or + ``(B) 2 times the maximum penalty with respect to the + violation. + ``(2) Application.--For purposes of determining whether a + person has committed a previous violation under paragraph (1), the + determination shall only include violations occurring after the + date of enactment of the Anti-Money Laundering Act of 2020.''. +SEC. 6310. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF UNITED +STATES FINANCIAL INSTITUTIONS. (a) In General.--Section 5321 of title 31, United States Code, as -amended by section 7208, is further amended by adding at the end the -following: - ``(g) Additional Damages for Repeat Violators.--In addition to any -other fines permitted by this section and section 5322, with respect to -a person who has previously been convicted of a criminal provision of -(or rule issued under) the Bank Secrecy Act or who has admitted, as -part of a deferred- or non-prosecution agreement, to having previously -committed a violation of a criminal provision of (or rule issued under) -the Bank Secrecy Act, the Secretary may impose an additional civil -penalty against such person for each additional such violation in an -amount equal to up three times the profit gained or loss avoided by -such person as a result of the violation.''. - (b) Prospective Application of Amendment.--For purposes of -determining whether a person has committed a previous violation under -section 5321(g) of title 31, United States Code, such determination -shall only include violations occurring after the date of enactment of -this Act. - -SEC. 7209. JUSTICE ANNUAL REPORT ON DEFERRED AND NON-PROSECUTION - AGREEMENTS. - - (a) Annual Report.--The Attorney General shall issue an annual -report, every year for the 5 years beginning on the date of enactment -of this Act, to the Committees on Financial Services and the Judiciary -of the House of Representatives and the Committees on Banking, Housing, -and Urban Affairs and the Judiciary of the Senate containing-- - (1) a list of deferred prosecution agreements and non- - prosecution agreements that the Attorney General has entered - into during the previous year with any person with respect to a - violation or suspected violation of the Bank Secrecy Act; - (2) the justification for entering into each such - agreement; - (3) the list of factors that were taken into account in - determining that the Attorney General should enter into each - such agreement; and - (4) the extent of coordination the Attorney General - conducted with the Financial Crimes Enforcement Network prior - to entering into each such agreement. - (b) Classified Annex.--Each report under subsection (a) may include -a classified annex. - (c) Bank Secrecy Act Defined.--For purposes of this section, the -term ``Bank Secrecy Act'' has the meaning given that term under section -5312 of title 31, United States Code. - -SEC. 7210. RETURN OF PROFITS AND BONUSES. - +amended by section 6309 of this division, is amended by adding at the +end the following: + ``(g) Certain Violators Barred From Serving on Boards of United +States Financial Institutions.-- + ``(1) Definition.--In this subsection, the term `egregious + violation' means, with respect to an individual-- + ``(A) a criminal violation-- + ``(i) for which the individual is convicted; and + ``(ii) for which the maximum term of imprisonment is + more than 1 year; and + ``(B) a civil violation in which-- + ``(i) the individual willfully committed the violation; + and + ``(ii) the violation facilitated money laundering or + the financing of terrorism. + ``(2) Bar.--An individual found to have committed an egregious + violation of the Bank Secrecy Act, as defined in section 6003 of + the Anti-Money Laundering Act of 2020, or any rules issued under + the Bank Secrecy Act, shall be barred from serving on the board of + directors of a United States financial institution during the 10- + year period that begins on the date on which the conviction or + judgment, as applicable, with respect to the egregious violation is + entered.''. + (b) Rule of Construction.--Nothing in the amendment made by +subsection (a) shall be construed to limit the application of section +19 of the Federal Deposit Insurance Act (12 U.S.C. 1829). +SEC. 6311. DEPARTMENT OF JUSTICE REPORT ON DEFERRED AND NON-PROSECUTION +AGREEMENTS. + (a) Annual Report.--Not later than 1 year after the date of +enactment of this Act, and for each of the 4 years thereafter, the +Attorney General shall submit to the appropriate committees of Congress +a report that contains-- + (1) a list of deferred prosecution agreements and non- + prosecution agreements that the Attorney General has entered into, + amended, or terminated during the year covered by the report with + any person with respect to a violation or suspected violation of + the Bank Secrecy Act (referred to in this subsection as ``covered + agreements''); + (2) the justification for entering into, amending, or + terminating each covered agreement; + (3) the list of factors that were taken into account in + determining that the Attorney General should enter into, amend, or + terminate each covered agreement; and + (4) the extent of coordination the Attorney General conducted + with the Secretary of the Treasury, Federal functional regulators, + or State regulators before entering into, amending, or terminating + each covered agreement. + (b) Classified Annex.--Each report submitted under subsection (a) +may include a classified annex. + (c) Definition.--In this section, the term ``appropriate committees +of Congress'' means-- + (1) the Committee on Banking, Housing, and Urban Affairs of the + Senate; + (2) the Committee on the Judiciary of the Senate; + (3) the Committee on Financial Services of the House of + Representatives; and + (4) the Committee on the Judiciary of the House of + Representatives. +SEC. 6312. RETURN OF PROFITS AND BONUSES. (a) In General.--Section 5322 of title 31, United States Code, is amended by adding at the end the following: - ``(e) Return of Profits and Bonuses.--A person convicted of -violating a provision of (or rule issued under) the Bank Secrecy Act -shall-- - ``(1) in addition to any other fine under this section, be - fined in an amount equal to the profit gained by such person by - reason of such violation, as determined by the court; and - ``(2) if such person is an individual who was a partner, - director, officer, or employee of a financial institution at - the time the violation occurred, repay to such financial - institution any bonus paid to such individual during the - Federal fiscal year in which the violation occurred or the - Federal fiscal year after which the violation occurred.''. + ``(e) A person convicted of violating a provision of (or rule +issued under) the Bank Secrecy Act, as defined in section 6003 of the +Anti-Money Laundering Act of 2020, shall-- + ``(1) in addition to any other fine under this section, be + fined in an amount that is equal to the profit gained by such + person by reason of such violation, as determined by the court; and + ``(2) if the person is an individual who was a partner, + director, officer, or employee of a financial institution at the + time the violation occurred, repay to such financial institution + any bonus paid to the individual during the calendar year in which + the violation occurred or the calendar year after which the + violation occurred.''. (b) Rule of Construction.--The amendment made by subsection (a) may not be construed to prohibit a financial institution from requiring the repayment of a bonus paid to a partner, director, officer, or employee if the financial institution determines that the partner, director, officer, or employee engaged in unethical, but non-criminal, activities. +SEC. 6313. PROHIBITION ON CONCEALMENT OF THE SOURCE OF ASSETS IN +MONETARY TRANSACTIONS. + (a) In General.--Subchapter II of chapter 53 of title 31, United +States Code, as amended by sections 6306(a)(1) and 6307(a) of this +division, is amended by adding at the end the following: +``Sec. 5335. Prohibition on concealment of the source of assets in + monetary transactions + ``(a) Definition of Monetary Transaction.--In this section, the +term the term `monetary transaction'-- + ``(1) means the deposit, withdrawal, transfer, or exchange, in + or affecting interstate or foreign commerce, of funds or a monetary + instrument (as defined in section 1956(c)(5) of title 18) by, + through, or to a financial institution (as defined in section + 1956(c)(6) of title 18); + ``(2) includes any transaction that would be a financial + transaction under section 1956(c)(4)(B) of title 18; and + ``(3) does not include any transaction necessary to preserve + the right to representation of a person as guaranteed by the Sixth + Amendment to the Constitution of the United States. + ``(b) Prohibition.--No person shall knowingly conceal, falsify, or +misrepresent, or attempt to conceal, falsify, or misrepresent, from or +to a financial institution, a material fact concerning the ownership or +control of assets involved in a monetary transaction if-- + ``(1) the person or entity who owns or controls the assets is a + senior foreign political figure, or any immediate family member or + close associate of a senior foreign political figure, as set forth + in this title or the regulations promulgated under this title; and + ``(2) the aggregate value of the assets involved in 1 or more + monetary transactions is not less than $1,000,000. + ``(c) Source of Funds.--No person shall knowingly conceal, falsify, +or misrepresent, or attempt to conceal, falsify, or misrepresent, from +or to a financial institution, a material fact concerning the source of +funds in a monetary transaction that-- + ``(1) involves an entity found to be a primary money laundering + concern under section 5318A or the regulations promulgated under + this title; and + ``(2) violates the prohibitions or conditions prescribed under + section 5318A(b)(5) or the regulations promulgated under this + title. + ``(d) Penalties.--A person convicted of an offense under subsection +(b) or (c), or a conspiracy to commit an offense under subsection (b) +or (c), shall be imprisoned for not more than 10 years, fined not more +than $1,000,000, or both. + ``(e) Forfeiture.-- + ``(1) Criminal forfeiture.-- + ``(A) In general.--The court, in imposing a sentence under + subsection (d), shall order that the defendant forfeit to the + United States any property involved in the offense and any + property traceable thereto. + ``(B) Procedure.--The seizure, restraint, and forfeiture of + property under this paragraph shall be governed by section 413 + of the Controlled Substances Act (21 U.S.C. 853). + ``(2) Civil forfeiture.-- + ``(A) In general.--Any property involved in a violation of + subsection (b) or (c), or a conspiracy to commit a violation of + subsection (b) or (c), and any property traceable thereto may + be seized and forfeited to the United States. + ``(B) Procedure.--Seizures and forfeitures under this + paragraph shall be governed by the provisions of chapter 46 of + title 18 relating to civil forfeitures, except that such + duties, under the customs laws described in section 981(d) of + title 18, given to the Secretary of the Treasury shall be + performed by such officers, agents, and other persons as may be + designated for that purpose by the Secretary of Homeland + Security or the Attorney General.''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 53 of title 31, United States Code, as amended by sections +6306(b)(1) and 6307(b) of this division, is amended by adding at the +end the following: -SEC. 7211. APPLICATION OF BANK SECRECY ACT TO DEALERS IN ANTIQUITIES. +``5335. Prohibition on concealment of the source of assets in monetary + transactions.''. +SEC. 6314. UPDATING WHISTLEBLOWER INCENTIVES AND PROTECTION. + (a) Whistleblower Incentives and Protection.--Section 5323 of title +31, United States Code, is amended to read as follows: +``Sec. 5323. Whistleblower incentives and protections + ``(a) Definitions.--In this section: + ``(1) Covered judicial or administrative action.--The term + `covered judicial or administrative action' means any judicial or + administrative action brought by the Secretary of the Treasury + (referred to in this section as the `Secretary') or the Attorney + General under this subchapter or subchapter III that results in + monetary sanctions exceeding $1,000,000. + ``(2) Monetary sanctions.--The term `monetary sanctions', when + used with respect to any judicial or administrative action-- + ``(A) means any monies, including penalties, disgorgement, + and interest, ordered to be paid; and + ``(B) does not include-- + ``(i) forfeiture; + ``(ii) restitution; or + ``(iii) any victim compensation payment. + ``(3) Original information.--The term `original information' + means information that-- + ``(A) is derived from the independent knowledge or analysis + of a whistleblower; + ``(B) is not known to the Secretary or the Attorney General + from any other source, unless the whistleblower is the original + source of the information; and + ``(C) is not exclusively derived from an allegation made in + a judicial or administrative hearing, in a governmental report, + hearing, audit, or investigation, or from the news media, + unless the whistleblower is a source of the information. + ``(4) Related action.--The term `related action', when used + with respect to any judicial or administrative action brought by + the Secretary or the Attorney General under this subchapter or + subchapter III, means any judicial or administrative action brought + by an entity described in any of subclauses (I) through (III) of + subsection (g)(4)(D)(i) that is based upon the original information + provided by a whistleblower pursuant to subsection (b) that led to + the successful enforcement of the action by the Secretary or the + Attorney General. + ``(5) Whistleblower.-- + ``(A) In general.--The term `whistleblower' means any + individual who provides, or 2 or more individuals acting + jointly who provide, information relating to a violation of + this subchapter or subchapter III to the employer of the + individual or individuals, including as part of the job duties + of the individual or individuals, or to the Secretary or the + Attorney General. + ``(B) Special rule.--Solely for the purposes of subsection + (g)(1), the term `whistleblower' includes any individual who + takes, or 2 or more individuals acting jointly who take, an + action described in subsection (g)(1)(A). + ``(b) Awards.-- + ``(1) In general.--In any covered judicial or administrative + action, or related action, the Secretary, under regulations + prescribed by the Secretary, in consultation with the Attorney + General and subject to subsection (c) and to amounts made available + in advance by appropriation Acts, shall pay an award or awards to 1 + or more whistleblowers who voluntarily provided original + information to the employer of the individual, the Secretary, or + the Attorney General, as applicable, that led to the successful + enforcement of the covered judicial or administrative action, or + related action, in an aggregate amount equal to not more than 30 + percent, in total, of what has been collected of the monetary + sanctions imposed in the action or related actions. + ``(2) Source of awards.--For the purposes of paying any award + under this section, the Secretary may, subject to amounts made + available in advance by appropriation Acts, use monetary sanction + amounts recovered based on the original information with respect to + which the award is being paid. + ``(c) Determination of Amount of Award; Denial of Award.-- + ``(1) Determination of amount of award.-- + ``(A) Discretion.--The determination of the amount of an + award made under subsection (b) shall be in the discretion of + the Secretary. + ``(B) Criteria.--In determining the amount of an award made + under subsection (b), the Secretary shall take into + consideration-- + ``(i) the significance of the information provided by + the whistleblower to the success of the covered judicial or + administrative action; + ``(ii) the degree of assistance provided by the + whistleblower and any legal representative of the + whistleblower in a covered judicial or administrative + action; + ``(iii) the programmatic interest of the Department of + the Treasury in deterring violations of this subchapter and + subchapter III by making awards to whistleblowers who + provide information that lead to the successful enforcement + of either such subchapter; and + ``(iv) such additional relevant factors as the + Secretary, in consultation with the Attorney General, may + establish by rule or regulation. + ``(2) Denial of award.--No award under subsection (b) may be + made-- + ``(A) to any whistleblower who is, or was at the time the + whistleblower acquired the original information submitted to + the Secretary or the Attorney General, as applicable, a member, + officer, or employee-- + ``(i) of-- + + ``(I) an appropriate regulatory or banking agency; + ``(II) the Department of the Treasury or the + Department of Justice; or + ``(III) a law enforcement agency; and + + ``(ii) acting in the normal course of the job duties of + the whistleblower; + ``(B) to any whistleblower who is convicted of a criminal + violation related to the judicial or administrative action for + which the whistleblower otherwise could receive an award under + this section; or + ``(C) to any whistleblower who fails to submit information + to the Secretary or the Attorney General, as applicable, in + such form as the Secretary, in consultation with the Attorney + General, may, by rule, require. + ``(d) Representation.-- + ``(1) Permitted representation.--Any whistleblower who makes a + claim for an award under subsection (b) may be represented by + counsel. + ``(2) Required representation.-- + ``(A) In general.--Any whistleblower who anonymously makes + a claim for an award under subsection (b) shall be represented + by counsel if the whistleblower anonymously submits the + information upon which the claim is based. + ``(B) Disclosure of identity.--Before the payment of an + award, a whistleblower shall disclose the identity of the + whistleblower and provide such other information as the + Secretary may require, directly or through counsel for the + whistleblower. + ``(e) No Contract Necessary.--No contract with the Department of +the Treasury is necessary for any whistleblower to receive an award +under subsection (b), unless otherwise required by the Secretary by +rule or regulation. + ``(f) Appeals.-- + ``(1) In general.--Any determination made under this section, + including whether, to whom, or in what amount to make awards, shall + be in the discretion of the Secretary. + ``(2) Requirements.-- + ``(A) In general.--Any determination described in paragraph + (1), except the determination of the amount of an award if the + award was made in accordance with subsection (b), may be + appealed to the appropriate court of appeals of the United + States not more than 30 days after the determination is issued + by the Secretary. + ``(B) Scope of review.--The court to which a determination + by the Secretary is appealed under subparagraph (A) shall + review the determination in accordance with section 706 of + title 5. + ``(g) Protection of Whistleblowers.-- + ``(1) Prohibition against retaliation.--No employer may, + directly or indirectly, discharge, demote, suspend, threaten, + blacklist, harass, or in any other manner discriminate against a + whistleblower in the terms and conditions of employment or post- + employment because of any lawful act done by the whistleblower-- + ``(A) in providing information in accordance with this + section to-- + ``(i) the Secretary or the Attorney General; + ``(ii) a Federal regulatory or law enforcement agency; + ``(iii) any Member of Congress or any committee of + Congress; or + ``(iv) a person with supervisory authority over the + whistleblower, or such other person working for the + employer who has the authority to investigate, discover, or + terminate misconduct; or + ``(B) in initiating, testifying in, or assisting in any + investigation or judicial or administrative action of the + Department of the Treasury or the Department of Justice based + upon or related to the information described in subparagraph + (A); or + ``(C) in providing information regarding any conduct that + the whistleblower reasonably believes constitutes a violation + of any law, rule, or regulation subject to the jurisdiction of + the Department of the Treasury, or a violation of section 1956, + 1957, or 1960 of title 18 (or any rule or regulation under any + such provision), to-- + ``(i) a person with supervisory authority over the + whistleblower at the employer of the whistleblower; or + ``(ii) another individual working for the employer + described in clause (i) who the whistleblower reasonably + believes has the authority to-- + + ``(I) investigate, discover, or terminate the + misconduct; or + ``(II) take any other action to address the + misconduct. - (a) In General.--Section 5312(a)(2) of title 31, United States -Code, is amended-- - (1) in subparagraph (Y), by striking ``or'' at the end; - (2) by redesignating subparagraph (Z) as subparagraph (AA); - and - (3) by inserting after subsection (Y) the following: - ``(Z) a person trading or acting as an intermediary - in the trade of antiquities, including an advisor, - consultant or any other person who engages as a - business in the solicitation of the sale of - antiquities; or''. - (b) Study on the Facilitation of Money Laundering and Terror -Finance Through the Trade of Works of Art or Antiquities.-- - (1) Study.--The Secretary of the Treasury, in coordination - with Federal Bureau of Investigation, the Attorney General, and - Homeland Security Investigations, shall perform a study on the - facilitation of money laundering and terror finance through the - trade of works of art or antiquities, including an analysis - of-- - (A) the extent to which the facilitation of money - laundering and terror finance through the trade of - works of art or antiquities may enter or affect the - financial system of the United States, including any - qualitative data or statistics; - (B) whether thresholds and definitions should apply - in determining which entities to regulate; - (C) an evaluation of which markets, by size, entity - type, domestic or international geographical locations, - or otherwise, should be subject to regulations, but - only to the extent such markets are not already - required to report on the trade of works of art or - antiquities to the Federal Government; - (D) an evaluation of whether certain exemptions - should apply; and - (E) any other points of study or analysis the - Secretary determines necessary or appropriate. - (2) Report.--Not later than the end of the 180-day period - beginning on the date of the enactment of this Act, the - Secretary of the Treasury shall issue a report to the Committee - on Financial Services of the House of Representatives and the - Committee on Banking, Housing, and Urban Affairs of the Senate - containing all findings and determinations made in carrying out - the study required under paragraph (1). - (c) Rulemaking.--Not later than the end of the 180-day period -beginning on the date the Secretary issues the report required under -subsection (b)(2), the Secretary shall issue regulations to carry out -the amendments made by subsection (a). - -SEC. 7212. GEOGRAPHIC TARGETING ORDER. - - The Secretary of the Treasury shall issue a geographic targeting -order, similar to the order issued by the Financial Crimes Enforcement -Network on November 15, 2018, that-- - (1) applies to commercial real estate to the same extent, - with the exception of having the same thresholds, as the order - issued by FinCEN on November 15, 2018, applies to residential - real estate; and - (2) establishes a specific threshold for commercial real - estate. - -SEC. 7213. STUDY AND REVISIONS TO CURRENCY TRANSACTION REPORTS AND - SUSPICIOUS ACTIVITY REPORTS. - - (a) Currency Transaction Reports.-- - (1) CTR indexed for inflation.-- - (A) In general.--Every 5 years after the date of - enactment of this Act, the Secretary of the Treasury - shall revise regulations issued with respect to section - 5313 of title 31, United States Code, to update each - $10,000 threshold amount in such regulation to reflect - the change in the Consumer Price Index for All Urban - Consumers published by the Department of Labor, rounded - to the nearest $100. For purposes of calculating the - change described in the previous sentence, the - Secretary shall use $10,000 as the base amount and the - date of enactment of this Act as the base date. - (B) Exception.--Notwithstanding subparagraph (A), - the Secretary may make appropriate adjustments to the - threshold amounts described under subparagraph (A) in - high-risk areas (e.g., High Intensity Financial Crime - Areas or HIFCAs), if the Secretary has demonstrable - evidence that shows a threshold raise would increase - serious crimes, such as trafficking, or endanger - national security. - (2) GAO ctr study.-- - (A) Study.--The Comptroller General of the United - States shall carry out a study of currency transaction - reports. Such study shall include-- - (i) a review (carried out in consultation - with the Secretary of the Treasury, the - Financial Crimes Enforcement Network, the - United States Attorney General, the State - Attorneys General, and State, Tribal, and local - law enforcement) of the effectiveness of the - current currency transaction reporting regime; - (ii) an analysis of the importance of - currency transaction reports to law - enforcement; and - (iii) an analysis of the effects of raising - the currency transaction report threshold. - (B) Report.--Not later than the end of the 1-year - period beginning on the date of enactment of this Act, - the Comptroller General shall issue a report to the - Secretary of the Treasury and the Congress containing-- - (i) all findings and determinations made in - carrying out the study required under - subparagraph (A); and - (ii) recommendations for improving the - current currency transaction reporting regime. - (b) Modified SARs Study and Design.-- - (1) Study.--The Director of the Financial Crimes - Enforcement Network shall carry out a study, in consultation - with industry stakeholders (including money services - businesses, community banks, and credit unions), the Federal - functional regulators, State bank supervisors, and law - enforcement, of the design of a modified suspicious activity - report form for certain customers and activities. Such study - shall include-- - (A) an examination of appropriate optimal SARs - thresholds to determine the level at which a modified - SARs form could be employed; - (B) an evaluation of which customers or - transactions would be appropriate for a modified SAR, - including-- - (i) seasoned business customers; - (ii) financial technology (Fintech) firms; - (iii) structuring transactions; and - (iv) any other customer or transaction that - may be appropriate for a modified SAR; and - (C) an analysis of the most effective methods to - reduce the regulatory burden imposed on financial - institutions in complying with the Bank Secrecy Act, - including an analysis of the effect of-- - (i) modifying thresholds; - (ii) shortening forms; - (iii) combining Bank Secrecy Act forms; - (iv) filing reports in periodic batches; - and - (v) any other method that may reduce the - regulatory burden. - (2) Study considerations.--In carrying out the study - required under paragraph (1), the Director shall seek to - balance law enforcement priorities, regulatory burdens - experienced by financial institutions, and the requirement for - reports to have a ``high degree of usefulness to law - enforcement'' under the Bank Secrecy Act. - (3) Report.--Not later than the end of the 1-year period - beginning on the date of enactment of this Act, the Director - shall issue a report to Congress containing-- - (A) all findings and determinations made in - carrying out the study required under subsection (a); + ``(2) Enforcement.--Any individual who alleges discharge or + other discrimination, or is otherwise aggrieved by an employer, in + violation of paragraph (1), may seek relief by-- + ``(A) filing a complaint with the Secretary of Labor in + accordance with the requirements of this subsection; or + ``(B) if the Secretary of Labor has not issued a final + decision within 180 days of the filing of a complaint under + subparagraph (A), and there is no showing that such a delay is + due to the bad faith of the claimant, bringing an action + against the employer at law or in equity in the appropriate + district court of the United States, which shall have + jurisdiction over such an action without regard to the amount + in controversy. + ``(3) Procedure.-- + ``(A) Department of labor complaint.-- + ``(i) In general.--Except as provided in clause (ii) + and subparagraph (C), the requirements under section + 42121(b) of title 49, including the legal burdens of proof + described in such section 42121(b), shall apply with + respect to a complaint filed under paragraph (2)(A) by an + individual against an employer. + ``(ii) Exception.--With respect to a complaint filed + under paragraph (2)(A), notification required to be made + under section 42121(b)(1) of title 49 shall be made to each + person named in the complaint, including the employer. + ``(B) District court complaint.-- + ``(i) Jury trial.--A party to an action brought under + paragraph (2)(B) shall be entitled to trial by jury. + ``(ii) Statute of limitations.-- + + ``(I) In general.--An action may not be brought + under paragraph (2)(B)-- + + ``(aa) more than 6 years after the date on + which the violation of paragraph (1) occurs; or + ``(bb) more than 3 years after the date on + which when facts material to the right of action + are known, or reasonably should have been known, by + the employee alleging a violation of paragraph (1). + + ``(II) Required action within 10 years.-- + Notwithstanding subclause (I), an action under + paragraph (2)(B) may not in any circumstance be brought + more than 10 years after the date on which the + violation occurs. + + ``(C) Relief.--Relief for an individual prevailing with + respect to a complaint filed under subparagraph (A) of + paragraph (2) or an action brought under subparagraph (B) of + that paragraph shall include-- + ``(i) reinstatement with the same seniority status that + the individual would have had, but for the conduct that is + the subject of the complaint or action, as applicable; + ``(ii) 2 times the amount of back pay otherwise owed to + the individual, with interest; + ``(iii) the payment of compensatory damages, which + shall include compensation for litigation costs, expert + witness fees, and reasonable attorneys' fees; and + ``(iv) any other appropriate remedy with respect to the + conduct that is the subject of the complaint or action, as + applicable. + ``(4) Confidentiality.-- + ``(A) In general.--Except as provided in subparagraphs (C) + and (D), the Secretary or the Attorney General, as applicable, + and any officer or employee of the Department of the Treasury + or the Department of Justice, shall not disclose any + information, including information provided by a whistleblower + to either such official, which could reasonably be expected to + reveal the identity of a whistleblower, except in accordance + with the provisions of section 552a of title 5, unless and + until required to be disclosed to a defendant or respondent in + connection with a public proceeding instituted by the + appropriate such official or any entity described in + subparagraph (D). + ``(B) Exempted statute.--For purposes of section 552 of + title 5, this paragraph shall be considered a statute described + in subsection (b)(3)(B) of such section 552. + ``(C) Rule of construction.--Nothing in this section is + intended to limit, or shall be construed to limit, the ability + of the Attorney General to present such evidence to a grand + jury or to share such evidence with potential witnesses or + defendants in the course of an ongoing criminal investigation. + ``(D) Availability to government agencies.-- + ``(i) In general.--Without the loss of its status as + confidential in the hands of the Secretary or the Attorney + General, as applicable, all information referred to in + subparagraph (A) may, in the discretion of the appropriate + such official, when determined by that official to be + necessary to accomplish the purposes of this subchapter, be + made available to-- + + ``(I) any appropriate Federal authority; + ``(II) a State attorney general in connection with + any criminal investigation; + ``(III) any appropriate State regulatory authority; and - (B) sample designs of modified SARs forms based on - the study results. - (4) Contracting authority.--The Director may contract with - a private third-party to carry out the study required under - this subsection. The authority of the Director to enter into - contracts under this paragraph shall be in effect for each - fiscal year only to the extent and in the amounts as are - provided in advance in appropriations Acts. - (c) Definitions.--For purposes of this section: - (1) Bank secrecy act.--The term ``Bank Secrecy Act'' has - the meaning given that term under section 5312 of title 31, - United States Code. - (2) Federal functional regulator.--The term ``Federal - functional regulator'' has the meaning given that term under - section 7103. - (3) Regulatory burden.--The term ``regulatory burden'' - means the man-hours to complete filings, cost of data - collection and analysis, and other considerations of chapter 35 - of title 44, United States Code (commonly referred to as the - Paperwork Reduction Act). - (4) SAR; suspicious activity report.--The term ``SAR'' and - ``suspicious activity report'' mean a report of a suspicious - transaction under section 5318(g) of title 31, United States - Code. - (5) Seasoned business customer.--The term ``seasoned - business customer'', shall have such meaning as the Secretary - of the Treasury shall prescribe, which shall include any person - that-- - (A) is incorporated or organized under the laws of - the United States or any State, or is registered as, - licensed by, or otherwise eligible to do business - within the United States, a State, or political - subdivision of a State; - (B) has maintained an account with a financial - institution for a length of time as determined by the - Secretary; and - (C) meet such other requirements as the Secretary - may determine necessary or appropriate. - (6) State bank supervisor.--The term ``State bank - supervisor'' has the meaning given that term under section 3 of - the Federal Deposit Insurance Act (12 U.S.C. 1813). - -SEC. 7214. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION REPORTS - AND SUSPICIOUS ACTIVITY REPORTS. - - (a) Review.--The Secretary of the Treasury (in consultation with -Federal law enforcement agencies, the Director of National -Intelligence, the Federal functional regulators, State bank -supervisors, and other relevant stakeholders) shall undertake a formal -review of the current financial institution reporting requirements -under the Bank Secrecy Act and its implementing regulations and propose -changes to further reduce regulatory burdens, and ensure that the -information provided is of a ``high degree of usefulness'' to law -enforcement, as set forth under section 5311 of title 31, United States -Code. - (b) Contents.--The review required under subsection (a) shall -include a study of-- - (1) whether the timeframe for filing a suspicious activity - report should be increased from 30 days; - (2) whether or not currency transaction report and - suspicious activity report thresholds should be tied to - inflation or otherwise periodically be adjusted; - (3) whether the circumstances under which a financial - institution determines whether to file a ``continuing - suspicious activity report'', or the processes followed by a - financial institution in determining whether to file a - ``continuing suspicious activity report'' (or both) can be - narrowed; - (4) analyzing the fields designated as ``critical'' on the - suspicious activity report form and whether the number of - fields should be reduced; - (5) the increased use of exemption provisions to reduce - currency transaction reports that are of little or no value to - law enforcement efforts; - (6) the current financial institution reporting - requirements under the Bank Secrecy Act and its implementing - regulations and guidance; and - (7) such other items as the Secretary determines - appropriate. - (c) Report.--Not later than the end of the 1-year period beginning -on the date of the enactment of this Act, the Secretary of the -Treasury, in consultation with law enforcement and persons subject to -Bank Secrecy Act requirements, shall issue a report to the Congress -containing all findings and determinations made in carrying out the -review required under subsection (a). - (d) Definitions.--For purposes of this section: - (1) Federal functional regulator.--The term ``Federal - functional regulator'' has the meaning given that term under - section 7103. - (2) State bank supervisor.--The term ``State bank - supervisor'' has the meaning given that term under section 3 of - the Federal Deposit Insurance Act (12 U.S.C. 1813). - (3) Other terms.--The terms ``Bank Secrecy Act'' and - ``financial institution'' have the meaning given those terms, - respectively, under section 5312 of title 31, United States - Code. - - TITLE III--MODERNIZING THE AML SYSTEM - -SEC. 7301. ENCOURAGING INNOVATION IN BSA COMPLIANCE. - - Section 5318 of title 31, United States Code, as amended by section -7202, is further amended by adding at the end the following: - ``(p) Encouraging Innovation in Compliance.-- - ``(1) In general.--The Federal functional regulators shall - encourage financial institutions to consider, evaluate, and, - where appropriate, responsibly implement innovative approaches - to meet the requirements of this subchapter, including through - the use of innovation pilot programs. - ``(2) Exemptive relief.--The Secretary, pursuant to - subsection (a), may provide exemptions from the requirements of - this subchapter if the Secretary determines such exemptions are - necessary to facilitate the testing and potential use of new - technologies and other innovations. - ``(3) Rule of construction.--This subsection may not be - construed to require financial institutions to consider, - evaluate, or implement innovative approaches to meet the - requirements of the Bank Secrecy Act. - ``(4) Federal functional regulator defined.--In this - subsection, the term `Federal functional regulator' means the - Board of Governors of the Federal Reserve System, the - Comptroller of the Currency, the Federal Deposit Insurance - Corporation, the National Credit Union Administration, the - Securities and Exchange Commission, and the Commodity Futures - Trading Commission.''. - -SEC. 7302. INNOVATION LABS. + ``(IV) a foreign law enforcement authority. - (a) In General.--Subchapter II of chapter 53 of title 31, United -States Code, is amended by adding at the end the following: -``Sec. 5333. Innovation Labs - ``(a) Establishment.--There is established within the Department of -the Treasury and each Federal functional regulator an Innovation Lab. - ``(b) Director.--The head of each Innovation Lab shall be a -Director, to be appointed by the Secretary of the Treasury or the head -of the Federal functional regulator, as applicable. - ``(c) Duties.--The duties of the Innovation Lab shall be-- - ``(1) to provide outreach to law enforcement agencies, - State bank supervisors, financial institutions, and other - persons (including vendors and technology companies) with - respect to innovation and new technologies that may be used to - comply with the requirements of the Bank Secrecy Act; - ``(2) to support the implementation of responsible - innovation and new technology, in a manner that complies with - the requirements of the Bank Secrecy Act; - ``(3) to explore opportunities for public-private - partnerships; and - ``(4) to develop metrics of success. - ``(d) FinCEN Lab.--The Innovation Lab established under subsection -(a) within the Department of the Treasury shall be a lab within the -Financial Crimes Enforcement Network. - ``(e) Definitions.--In this section: - ``(1) Federal functional regulator.--The term `Federal - functional regulator' means the Board of Governors of the - Federal Reserve System, the Comptroller of the Currency, the - Federal Deposit Insurance Corporation, the National Credit - Union Administration, the Securities and Exchange Commission, - and the Commodity Futures Trading Commission. - ``(2) State bank supervisor.--The term `State bank - supervisor' has the meaning given that term under section 3 of - the Federal Deposit Insurance Act (12 U.S.C. 1813).''. - (b) Clerical Amendment.--The table of contents for subchapter II of -chapter 53 of title 31, United States Code, is amended by adding at the -end the following: + ``(ii) Confidentiality.-- -``5333. Innovation Labs.''. + ``(I) In general.--Each of the entities described + in subclauses (I) through (III) of clause (i) shall + maintain such information as confidential in accordance + with the requirements established under subparagraph + (A). + ``(II) Foreign authorities.--Each entity described + in clause (i)(IV) shall maintain such information in + accordance with such assurances of confidentiality as + determined by the Secretary or Attorney General, as + applicable. + + ``(5) Rights retained.--Nothing in this section shall be deemed + to diminish the rights, privileges, or remedies of any + whistleblower under any Federal or State law or under any + collective bargaining agreement. + ``(6) Coordination with other provisions of law.--This + subsection shall not apply with respect to any employer that is + subject to section 33 of the Federal Deposit Insurance Act (12 + U.S.C. 1831j) or section 213 or 214 of the Federal Credit Union Act + (12 U.S.C. 1790b, 1790c). + ``(h) Provision of False Information.--A whistleblower shall not be +entitled to an award under this section if the whistleblower-- + ``(1) knowingly and willfully makes any false, fictitious, or + fraudulent statement or representation; or + ``(2) uses any false writing or document knowing the writing or + document contains any false, fictitious, or fraudulent statement or + entry. + ``(i) Rulemaking Authority.--The Secretary, in consultation with +the Attorney General, shall have the authority to issue such rules and +regulations as may be necessary or appropriate to implement the +provisions of this section consistent with the purposes of this +section. + ``(j) Nonenforceability of Certain Provisions Waiving Rights and +Remedies or Requiring Arbitration of Disputes.-- + ``(1) Waiver of rights and remedies.--The rights and remedies + provided for in this section may not be waived by any agreement, + policy form, or condition of employment, including by a predispute + arbitration agreement. + ``(2) Predispute arbitration agreements.--No predispute + arbitration agreement shall be valid or enforceable, to the extent + the agreement requires arbitration of a dispute arising under this + section.''. + (b) Repeal of Section 5328 of Title 31.--Section 5328 of title 31, +United States Code, is repealed. + (c) Technical and Conforming Amendments.--The table of sections for +subchapter II of chapter 53 of title 31, United States Code, is +amended-- + (1) by striking the item relating to section 5323 and inserting + the following: -SEC. 7303. INNOVATION COUNCIL. +``5323. Whistleblower incentives and protections.''; and - (a) In General.--Subchapter II of chapter 53 of Title 31, United -States Code, as amended by section 7302, is further amended by adding -at the end the following: -``Sec. 5334. Innovation Council - ``(a) Establishment.--There is established the Innovation Council -(hereinafter in this section referred to as the `Council'), which shall -consist of each Director of an Innovation Lab established under section -5334, a representative of State bank supervisors (as defined under -section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), and -the Director of the Financial Crimes Enforcement Network. - ``(b) Chair.--The Director of the Innovation Lab of the Department -of the Treasury shall serve as the Chair of the Council. - ``(c) Duty.--The members of the Council shall coordinate on -activities related to innovation under the Bank Secrecy Act, but may -not supplant individual agency determinations on innovation. - ``(d) Meetings.--The meetings of the Council-- - ``(1) shall be at the call of the Chair, but in no case may - the Council meet less than semi-annually; - ``(2) may include open and closed sessions, as determined - necessary by the Council; and - ``(3) shall include participation by public and private - entities and law enforcement agencies. - ``(e) Report.--The Council shall issue an annual report, for each -of the 7 years beginning on the date of enactment of this section, to -the Secretary of the Treasury on the activities of the Council during -the previous year, including the success of programs as measured by -metrics of success developed pursuant to section 5334(c)(4), and any -regulatory or legislative recommendations that the Council may have.''. - (b) Clerical Amendment.--The table of contents for subchapter II of -chapter 53 of title 31, United States Code, is amended by adding the -end the following: + (2) by striking the item relating to section 5328. -``5334. Innovation Council.''. + TITLE LXIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING + REQUIREMENTS -SEC. 7304. TESTING METHODS RULEMAKING. +Sec. 6401. Short title. +Sec. 6402. Sense of Congress. +Sec. 6403. Beneficial ownership information reporting requirements. +SEC. 6401. SHORT TITLE. + This title may be cited as the ``Corporate Transparency Act''. +SEC. 6402. SENSE OF CONGRESS. + It is the sense of Congress that-- + (1) more than 2,000,000 corporations and limited liability + companies are being formed under the laws of the States each year; + (2) most or all States do not require information about the + beneficial owners of the corporations, limited liability companies, + or other similar entities formed under the laws of the State; + (3) malign actors seek to conceal their ownership of + corporations, limited liability companies, or other similar + entities in the United States to facilitate illicit activity, + including money laundering, the financing of terrorism, + proliferation financing, serious tax fraud, human and drug + trafficking, counterfeiting, piracy, securities fraud, financial + fraud, and acts of foreign corruption, harming the national + security interests of the United States and allies of the United + States; + (4) money launderers and others involved in commercial activity + intentionally conduct transactions through corporate structures in + order to evade detection, and may layer such structures, much like + Russian nesting ``Matryoshka'' dolls, across various secretive + jurisdictions such that each time an investigator obtains ownership + records for a domestic or foreign entity, the newly identified + entity is yet another corporate entity, necessitating a repeat of + the same process; + (5) Federal legislation providing for the collection of + beneficial ownership information for corporations, limited + liability companies, or other similar entities formed under the + laws of the States is needed to-- + (A) set a clear, Federal standard for incorporation + practices; + (B) protect vital Unites States national security + interests; + (C) protect interstate and foreign commerce; + (D) better enable critical national security, intelligence, + and law enforcement efforts to counter money laundering, the + financing of terrorism, and other illicit activity; and + (E) bring the United States into compliance with + international anti-money laundering and countering the + financing of terrorism standards; + (6) beneficial ownership information collected under the + amendments made by this title is sensitive information and will be + directly available only to authorized government authorities, + subject to effective safeguards and controls, to-- + (A) facilitate important national security, intelligence, + and law enforcement activities; and + (B) confirm beneficial ownership information provided to + financial institutions to facilitate the compliance of the + financial institutions with anti-money laundering, countering + the financing of terrorism, and customer due diligence + requirements under applicable law; + (7) consistent with applicable law, the Secretary of the + Treasury shall-- + (A) maintain the information described in paragraph (1) in + a secure, nonpublic database, using information security + methods and techniques that are appropriate to protect + nonclassified information systems at the highest security + level; and + (B) take all steps, including regular auditing, to ensure + that government authorities accessing beneficial ownership + information do so only for authorized purposes consistent with + this title; and + (8) in prescribing regulations to provide for the reporting of + beneficial ownership information, the Secretary shall, to the + greatest extent practicable consistent with the purposes of this + title-- + (A) seek to minimize burdens on reporting companies + associated with the collection of beneficial ownership + information; + (B) provide clarity to reporting companies concerning the + identification of their beneficial owners; and + (C) collect information in a form and manner that is + reasonably designed to generate a database that is highly + useful to national security, intelligence, and law enforcement + agencies and Federal functional regulators. +SEC. 6403. BENEFICIAL OWNERSHIP INFORMATION REPORTING REQUIREMENTS. + (a) In General.--Subchapter II of chapter 53 of title 31, United +States Code, as amended by sections 6306(a)(1), 6307(a), and 6313(a) of +this division, is amended by adding at the end the following: +``Sec. 5336. Beneficial ownership information reporting requirements + ``(a) Definitions.--In this section: + ``(1) Acceptable identification document.--The term `acceptable + identification document' means, with respect to an individual-- + ``(A) a nonexpired passport issued by the United States; + ``(B) a nonexpired identification document issued by a + State, local government, or Indian Tribe to the individual + acting for the purpose of identification of that individual; + ``(C) a nonexpired driver's license issued by a State; or + ``(D) if the individual does not have a document described + in subparagraph (A), (B), or (C), a nonexpired passport issued + by a foreign government. + ``(2) Applicant.--The term `applicant' means any individual + who-- + ``(A) files an application to form a corporation, limited + liability company, or other similar entity under the laws of a + State or Indian Tribe; or + ``(B) registers or files an application to register a + corporation, limited liability company, or other similar entity + formed under the laws of a foreign country to do business in + the United States by filing a document with the secretary of + state or similar office under the laws of a State or Indian + Tribe. + ``(3) Beneficial owner.--The term `beneficial owner'-- + ``(A) means, with respect to an entity, an individual who, + directly or indirectly, through any contract, arrangement, + understanding, relationship, or otherwise-- + ``(i) exercises substantial control over the entity; or + ``(ii) owns or controls not less than 25 percent of the + ownership interests of the entity; and + ``(B) does not include-- + ``(i) a minor child, as defined in the State in which + the entity is formed, if the information of the parent or + guardian of the minor child is reported in accordance with + this section; + ``(ii) an individual acting as a nominee, intermediary, + custodian, or agent on behalf of another individual; + ``(iii) an individual acting solely as an employee of a + corporation, limited liability company, or other similar + entity and whose control over or economic benefits from + such entity is derived solely from the employment status of + the person; + ``(iv) an individual whose only interest in a + corporation, limited liability company, or other similar + entity is through a right of inheritance; or + ``(v) a creditor of a corporation, limited liability + company, or other similar entity, unless the creditor meets + the requirements of subparagraph (A). + ``(4) Director.--The term `Director' means the Director of + FinCEN. + ``(5) FinCEN.--The term `FinCEN' means the Financial Crimes + Enforcement Network of the Department of the Treasury. + ``(6) FinCEN identifier.--The term `FinCEN identifier' means + the unique identifying number assigned by FinCEN to a person under + this section. + ``(7) Foreign person.--The term `foreign person' means a person + who is not a United States person, as defined in section 7701(a) of + the Internal Revenue Code of 1986. + ``(8) Indian tribe.--The term `Indian Tribe' has the meaning + given the term `Indian tribe' in section 102 of the Federally + Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130). + ``(9) Lawfully admitted for permanent residence.--The term + `lawfully admitted for permanent residence' has the meaning given + the term in section 101(a) of the Immigration and Nationality Act + (8 U.S.C. 1101(a)). + ``(10) Pooled investment vehicle.--The term `pooled investment + vehicle' means-- + ``(A) any investment company, as defined in section 3(a) of + the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)); or + ``(B) any company that-- + ``(i) would be an investment company under that section + but for the exclusion provided from that definition by + paragraph (1) or (7) of section 3(c) of that Act (15 U.S.C. + 80a-3(c)); and + ``(ii) is identified by its legal name by the + applicable investment adviser in its Form ADV (or successor + form) filed with the Securities and Exchange Commission. + ``(11) Reporting company.--The term `reporting company'-- + ``(A) means a corporation, limited liability company, or + other similar entity that is-- + ``(i) created by the filing of a document with a + secretary of state or a similar office under the law of a + State or Indian Tribe; or + ``(ii) formed under the law of a foreign country and + registered to do business in the United States by the + filing of a document with a secretary of state or a similar + office under the laws of a State or Indian Tribe; and + ``(B) does not include-- + ``(i) an issuer-- + + ``(I) of a class of securities registered under + section 12 of the Securities Exchange Act of 1934 (15 + U.S.C. 78l); or + ``(II) that is required to file supplementary and + periodic information under section 15(d) of the + Securities Exchange Act of 1934 (15 U.S.C. 78o(d)); + + ``(ii) an entity-- + + ``(I) established under the laws of the United + States, an Indian Tribe, a State, or a political + subdivision of a State, or under an interstate compact + between 2 or more States; and + ``(II) that exercises governmental authority on + behalf of the United States or any such Indian Tribe, + State, or political subdivision; + + ``(iii) a bank, as defined in-- + + ``(I) section 3 of the Federal Deposit Insurance + Act (12 U.S.C. 1813); + ``(II) section 2(a) of the Investment Company Act + of 1940 (15 U.S.C. 80a-2(a)); or + ``(III) section 202(a) of the Investment Advisers + Act of 1940 (15 U.S.C. 80b-2(a)); + + ``(iv) a Federal credit union or a State credit union + (as those terms are defined in section 101 of the Federal + Credit Union Act (12 U.S.C. 1752)); + ``(v) a bank holding company (as defined in section 2 + of the Bank Holding Company Act of 1956 (12 U.S.C. 1841)) + or a savings and loan holding company (as defined in + section 10(a) of the Home Owners' Loan Act (12 U.S.C. + 1467a(a))); + ``(vi) a money transmitting business registered with + the Secretary of the Treasury under section 5330; + ``(vii) a broker or dealer (as those terms are defined + in section 3 of the Securities Exchange Act of 1934 (15 + U.S.C. 78c)) that is registered under section 15 of that + Act (15 U.S.C. 78o); + ``(viii) an exchange or clearing agency (as those terms + are defined in section 3 of the Securities Exchange Act of + 1934 (15 U.S.C. 78c)) that is registered under section 6 or + 17A of that Act (15 U.S.C. 78f, 78q-1); + ``(ix) any other entity not described in clause (i), + (vii), or (viii) that is registered with the Securities and + Exchange Commission under the Securities Exchange Act of + 1934 (15 U.S.C. 78a et seq.); + ``(x) an entity that-- + + ``(I) is an investment company (as defined in + section 3 of the Investment Company Act of 1940 (15 + U.S.C. 80a-3)) or an investment adviser (as defined in + section 202 of the Investment Advisers Act of 1940 (15 + U.S.C. 80b-2)); and + ``(II) is registered with the Securities and + Exchange Commission under the Investment Company Act of + 1940 (15 U.S.C. 80a-1 et seq.) or the Investment + Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.); + + ``(xi) an investment adviser-- + + ``(I) described in section 203(l) of the Investment + Advisers Act of 1940 (15 U.S.C. 80b-3(l)); and + ``(II) that has filed Item 10, Schedule A, and + Schedule B of Part 1A of Form ADV, or any successor + thereto, with the Securities and Exchange Commission; + + ``(xii) an insurance company (as defined in section 2 + of the Investment Company Act of 1940 (15 U.S.C. 80a-2)); + ``(xiii) an entity that-- + + ``(I) is an insurance producer that is authorized + by a State and subject to supervision by the insurance + commissioner or a similar official or agency of a + State; and + ``(II) has an operating presence at a physical + office within the United States; + + ``(xiv)(I) a registered entity (as defined in section + 1a of the Commodity Exchange Act (7 U.S.C. 1a)); or + ``(II) an entity that is-- + + ``(aa)(AA) a futures commission merchant, + introducing broker, swap dealer, major swap + participant, commodity pool operator, or commodity + trading advisor (as those terms are defined in section + 1a of the Commodity Exchange Act (7 U.S.C. 1a)); or + ``(BB) a retail foreign exchange dealer, as + described in section 2(c)(2)(B) of that Act (7 U.S.C. + 2(c)(2)(B)); and + ``(bb) registered with the Commodity Futures + Trading Commission under the Commodity Exchange Act (7 + U.S.C. 1 et seq.); + + ``(xv) a public accounting firm registered in + accordance with section 102 of the Sarbanes-Oxley Act of + 2002 (15 U.S.C. 7212); + ``(xvi) a public utility that provides + telecommunications services, electrical power, natural gas, + or water and sewer services within the United States; + ``(xvii) a financial market utility designated by the + Financial Stability Oversight Council under section 804 of + the Payment, Clearing, and Settlement Supervision Act of + 2010 (12 U.S.C. 5463); + ``(xviii) any pooled investment vehicle that is + operated or advised by a person described in clause (iii), + (iv), (vii), (x), or (xi); + ``(xix) any-- + + ``(I) organization that is described in section + 501(c) of the Internal Revenue Code of 1986 (determined + without regard to section 508(a) of such Code) and + exempt from tax under section 501(a) of such Code, + except that in the case of any such organization that + loses an exemption from tax, such organization shall be + considered to be continued to be described in this + subclause for the 180-day period beginning on the date + of the loss of such tax-exempt status; + ``(II) political organization (as defined in + section 527(e)(1) of such Code) that is exempt from tax + under section 527(a) of such Code; or + ``(III) trust described in paragraph (1) or (2) of + section 4947(a) of such Code; + + ``(xx) any corporation, limited liability company, or + other similar entity that-- + + ``(I) operates exclusively to provide financial + assistance to, or hold governance rights over, any + entity described in clause (xix); + ``(II) is a United States person; + ``(III) is beneficially owned or controlled + exclusively by 1 or more United States persons that are + United States citizens or lawfully admitted for + permanent residence; and + ``(IV) derives at least a majority of its funding + or revenue from 1 or more United States persons that + are United States citizens or lawfully admitted for + permanent residence; + + ``(xxi) any entity that-- + + ``(I) employs more than 20 employees on a full-time + basis in the United States; + ``(II) filed in the previous year Federal income + tax returns in the United States demonstrating more + than $5,000,000 in gross receipts or sales in the + aggregate, including the receipts or sales of-- + + ``(aa) other entities owned by the entity; and + ``(bb) other entities through which the entity + operates; and + + ``(III) has an operating presence at a physical + office within the United States; + + ``(xxii) any corporation, limited liability company, or + other similar entity of which the ownership interests are + owned or controlled, directly or indirectly, by 1 or more + entities described in clause (i), (ii), (iii), (iv), (v), + (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), + (xvi), (xvii) (xix), or (xxi); + ``(xxiii) any corporation, limited liability company, + or other similar entity-- + + ``(I) in existence for over 1 year; + ``(II) that is not engaged in active business; + ``(III) that is not owned, directly or indirectly, + by a foreign person; + ``(IV) that has not, in the preceding 12-month + period, experienced a change in ownership or sent or + received funds in an amount greater than $1,000 + (including all funds sent to or received from any + source through a financial account or accounts in which + the entity, or an affiliate of the entity, maintains an + interest); and + ``(V) that does not otherwise hold any kind or type + of assets, including an ownership interest in any + corporation, limited liability company, or other + similar entity; + + ``(xxiv) any entity or class of entities that the + Secretary of the Treasury, with the written concurrence of + the Attorney General and the Secretary of Homeland + Security, has, by regulation, determined should be exempt + from the requirements of subsection (b) because requiring + beneficial ownership information from the entity or class + of entities-- + + ``(I) would not serve the public interest; and + ``(II) would not be highly useful in national + security, intelligence, and law enforcement agency + efforts to detect, prevent, or prosecute money + laundering, the financing of terrorism, proliferation + finance, serious tax fraud, or other crimes. + + ``(12) State.--The term `State' means any State of the United + States, the District of Columbia, the Commonwealth of Puerto Rico, + the Commonwealth of the Northern Mariana Islands, American Samoa, + Guam, the United States Virgin Islands, and any other commonwealth, + territory, or possession of the United States. + ``(13) Unique identifying number.--The term `unique identifying + number' means, with respect to an individual or an entity with a + sole member, the unique identifying number from an acceptable + identification document. + ``(14) United states person.--The term `United States person' + has the meaning given the term in section 7701(a) of the Internal + Revenue Code of 1986. + ``(b) Beneficial Ownership Information Reporting.-- + ``(1) Reporting.-- + ``(A) In general.--In accordance with regulations + prescribed by the Secretary of the Treasury, each reporting + company shall submit to FinCEN a report that contains the + information described in paragraph (2). + ``(B) Reporting of existing entities.--In accordance with + regulations prescribed by the Secretary of the Treasury, any + reporting company that has been formed or registered before the + effective date of the regulations prescribed under this + subsection shall, in a timely manner, and not later than 2 + years after the effective date of the regulations prescribed + under this subsection, submit to FinCEN a report that contains + the information described in paragraph (2). + ``(C) Reporting at time of formation or registration.--In + accordance with regulations prescribed by the Secretary of the + Treasury, any reporting company that has been formed or + registered after the effective date of the regulations + promulgated under this subsection shall, at the time of + formation or registration, submit to FinCEN a report that + contains the information described in paragraph (2). + ``(D) Updated reporting for changes in beneficial + ownership.--In accordance with regulations prescribed by the + Secretary of the Treasury, a reporting company shall, in a + timely manner, and not later than 1 year after the date on + which there is a change with respect to any information + described in paragraph (2), submit to FinCEN a report that + updates the information relating to the change. + ``(E) Treasury review of updated reporting for changes in + beneficial ownership.--The Secretary of the Treasury, in + consultation with the Attorney General and the Secretary of + Homeland Security, shall conduct a review to evaluate-- + ``(i) the necessity of a requirement for corporations, + limited liability companies, or other similar entities to + update the report on beneficial ownership information in + paragraph (2), related to a change in ownership, within a + shorter period of time than required under subparagraph + (D), taking into account the updating requirements under + subparagraph (D) and the information contained in the + reports; + ``(ii) the benefit to law enforcement and national + security officials that might be derived from, and the + burden that a requirement to update the list of beneficial + owners within a shorter period of time after a change in + the list of beneficial owners would impose on corporations, + limited liability companies, or other similar entities; and + ``(iii) not later than 2 years after the date of + enactment of this section, incorporate into the + regulations, as appropriate, any changes necessary to + implement the findings and determinations based on the + review required under this subparagraph. + ``(F) Regulation requirements.--In promulgating the + regulations required under subparagraphs (A) through (D), the + Secretary of the Treasury shall, to the greatest extent + practicable-- + ``(i) establish partnerships with State, local, and + Tribal governmental agencies; + ``(ii) collect information described in paragraph (2) + through existing Federal, State, and local processes and + procedures; + ``(iii) minimize burdens on reporting companies + associated with the collection of the information described + in paragraph (2), in light of the private compliance costs + placed on legitimate businesses, including by identifying + any steps taken to mitigate the costs relating to + compliance with the collection of information; and + ``(iv) collect information described in paragraph (2) + in a form and manner that ensures the information is highly + useful in-- + + ``(I) facilitating important national security, + intelligence, and law enforcement activities; and + ``(II) confirming beneficial ownership information + provided to financial institutions to facilitate the + compliance of the financial institutions with anti- + money laundering, countering the financing of + terrorism, and customer due diligence requirements + under applicable law. + + ``(G) Regulatory simplification.--To simplify compliance + with this section for reporting companies and financial + institutions, the Secretary of the Treasury shall ensure that + the regulations prescribed by the Secretary under this + subsection are added to part 1010 of title 31, Code of Federal + Regulations, or any successor thereto. + ``(2) Required information.-- + ``(A) In general.--In accordance with regulations + prescribed by the Secretary of the Treasury, a report delivered + under paragraph (1) shall, except as provided in subparagraph + (B), identify each beneficial owner of the applicable reporting + company and each applicant with respect to that reporting + company by-- + ``(i) full legal name; + ``(ii) date of birth; + ``(iii) current, as of the date on which the report is + delivered, residential or business street address; and + ``(iv)(I) unique identifying number from an acceptable + identification document; or + ``(II) FinCEN identifier in accordance with + requirements in paragraph (3). + ``(B) Reporting requirement for exempt entities having an + ownership interest.--If an exempt entity described in + subsection (a)(11)(B) has or will have a direct or indirect + ownership interest in a reporting company, the reporting + company or the applicant-- + ``(i) shall, with respect to the exempt entity, only + list the name of the exempt entity; and + ``(ii) shall not be required to report the information + with respect to the exempt entity otherwise required under + subparagraph (A). + ``(C) Reporting requirement for certain pooled investment + vehicles.--Any corporation, limited liability company, or other + similar entity that is an exempt entity described in subsection + (a)(11)(B)(xviii) and is formed under the laws of a foreign + country shall file with FinCEN a written certification that + provides identification information of an individual that + exercises substantial control over the pooled investment + vehicle in the same manner as required under this subsection. + ``(D) Reporting requirement for exempt subsidiaries.--In + accordance with the regulations promulgated by the Secretary, + any corporation, limited liability company, or other similar + entity that is an exempt entity described in subsection + (a)(11)(B)(xxii), shall, at the time such entity no longer + meets the criteria described in subsection (a)(11)(B)(xxii), + submit to FinCEN a report containing the information required + under subparagraph (A). + ``(E) Reporting requirement for exempt grandfathered + entities.--In accordance with the regulations promulgated by + the Secretary, any corporation, limited liability company, or + other similar entity that is an exempt entity described in + subsection (a)(11)(B)(xxiii), shall, at the time such entity no + longer meets the criteria described in subsection + (a)(11)(B)(xxiii), submit to FinCEN a report containing the + information required under subparagraph (A). + ``(3) FinCEN identifier.-- + ``(A) Issuance of fincen identifier.-- + ``(i) In general.--Upon request by an individual who + has provided FinCEN with the information described in + paragraph (2)(A) pertaining to the individual, or by an + entity that has reported its beneficial ownership + information to FinCEN in accordance with this section, + FinCEN shall issue a FinCEN identifier to such individual + or entity. + ``(ii) Updating of information.--An individual or + entity with a FinCEN identifier shall submit filings with + FinCEN pursuant to paragraph (1) updating any information + described in paragraph (2) in a timely manner consistent + with paragraph (1)(D). + ``(iii) Exclusive identifier.--FinCEN shall not issue + more than 1 FinCEN identifier to the same individual or to + the same entity (including any successor entity). + ``(B) Use of fincen identifier for individuals.--Any person + required to report the information described in paragraph (2) + with respect to an individual may instead report the FinCEN + identifier of the individual. + ``(C) Use of fincen identifier for entities.--If an + individual is or may be a beneficial owner of a reporting + company by an interest held by the individual in an entity + that, directly or indirectly, holds an interest in the + reporting company, the reporting company may report the FinCEN + identifier of the entity in lieu of providing the information + required by paragraph (2)(A) with respect to the individual. + ``(4) Regulations.--The Secretary of the Treasury shall-- + ``(A) by regulation prescribe procedures and standards + governing any report under paragraph (2) and any FinCEN + identifier under paragraph (3); and + ``(B) in promulgating the regulations under subparagraph + (A) to the extent practicable, consistent with the purposes of + this section-- + ``(i) minimize burdens on reporting companies + associated with the collection of beneficial ownership + information, including by eliminating duplicative + requirements; and + ``(ii) ensure the beneficial ownership information + reported to FinCEN is accurate, complete, and highly + useful. + ``(5) Effective date.--The requirements of this subsection + shall take effect on the effective date of the regulations + prescribed by the Secretary of the Treasury under this subsection, + which shall be promulgated not later than 1 year after the date of + enactment of this section. + ``(6) Report.--Not later than 1 year after the effective date + described in paragraph (5), and annually thereafter for 2 years, + the Secretary of the Treasury shall submit to Congress a report + describing the procedures and standards prescribed to carry out + paragraph (2), which shall include an assessment of-- + ``(A) the effectiveness of those procedures and standards + in minimizing reporting burdens (including through the + elimination of duplicative requirements) and strengthening the + accuracy of reports submitted under paragraph (2); and + ``(B) any alternative procedures and standards prescribed + to carry out paragraph (2). + ``(c) Retention and Disclosure of Beneficial Ownership Information +by FinCEN.-- + ``(1) Retention of information.--Beneficial ownership + information required under subsection (b) relating to each + reporting company shall be maintained by FinCEN for not fewer than + 5 years after the date on which the reporting company terminates. + ``(2) Disclosure.-- + ``(A) Prohibition.--Except as authorized by this subsection + and the protocols promulgated under this subsection, beneficial + ownership information reported under this section shall be + confidential and may not be disclosed by-- + ``(i) an officer or employee of the United States; + ``(ii) an officer or employee of any State, local, or + Tribal agency; or + ``(iii) an officer or employee of any financial + institution or regulatory agency receiving information + under this subsection. + ``(B) Scope of disclosure by fincen.--FinCEN may disclose + beneficial ownership information reported pursuant to this + section only upon receipt of-- + ``(i) a request, through appropriate protocols-- + + ``(I) from a Federal agency engaged in national + security, intelligence, or law enforcement activity, + for use in furtherance of such activity; or + ``(II) from a State, local, or Tribal law + enforcement agency, if a court of competent + jurisdiction, including any officer of such a court, + has authorized the law enforcement agency to seek the + information in a criminal or civil investigation; + + ``(ii) a request from a Federal agency on behalf of a + law enforcement agency, prosecutor, or judge of another + country, including a foreign central authority or competent + authority (or like designation), under an international + treaty, agreement, convention, or official request made by + law enforcement, judicial, or prosecutorial authorities in + trusted foreign countries when no treaty, agreement, or + convention is available-- + + ``(I) issued in response to a request for + assistance in an investigation or prosecution by such + foreign country; and + ``(II) that-- + + ``(aa) requires compliance with the disclosure + and use provisions of the treaty, agreement, or + convention, publicly disclosing any beneficial + ownership information received; or + ``(bb) limits the use of the information for + any purpose other than the authorized investigation + or national security or intelligence activity; + ``(iii) a request made by a financial institution + subject to customer due diligence requirements, with the + consent of the reporting company, to facilitate the + compliance of the financial institution with customer due + diligence requirements under applicable law; or + ``(iv) a request made by a Federal functional regulator + or other appropriate regulatory agency consistent with the + requirements of subparagraph (C). + ``(C) Form and manner of disclosure to financial + institutions and regulatory agencies.--The Secretary of the + Treasury shall, by regulation, prescribe the form and manner in + which information shall be provided to a financial institution + under subparagraph (B)(iii), which regulation shall include + that the information shall also be available to a Federal + functional regulator or other appropriate regulatory agency, as + determined by the Secretary, if the agency-- + ``(i) is authorized by law to assess, supervise, + enforce, or otherwise determine the compliance of the + financial institution with the requirements described in + that subparagraph; + ``(ii) uses the information solely for the purpose of + conducting the assessment, supervision, or authorized + investigation or activity described in clause (i); and + ``(iii) enters into an agreement with the Secretary + providing for appropriate protocols governing the + safekeeping of the information. + ``(3) Appropriate protocols.--The Secretary of the Treasury + shall establish by regulation protocols described in paragraph + (2)(A) that-- + ``(A) protect the security and confidentiality of any + beneficial ownership information provided directly by the + Secretary; + ``(B) require the head of any requesting agency, on a non- + delegable basis, to approve the standards and procedures + utilized by the requesting agency and certify to the Secretary + semi-annually that such standards and procedures are in + compliance with the requirements of this paragraph; + ``(C) require the requesting agency to establish and + maintain, to the satisfaction of the Secretary, a secure system + in which such beneficial ownership information provided + directly by the Secretary shall be stored; + ``(D) require the requesting agency to furnish a report to + the Secretary, at such time and containing such information as + the Secretary may prescribe, that describes the procedures + established and utilized by such agency to ensure the + confidentiality of the beneficial ownership information + provided directly by the Secretary; + ``(E) require a written certification for each authorized + investigation or other activity described in paragraph (2) from + the head of an agency described in paragraph (2)(B)(i)(I), or + their designees, that-- + ``(i) states that applicable requirements have been + met, in such form and manner as the Secretary may + prescribe; and + ``(ii) at a minimum, sets forth the specific reason or + reasons why the beneficial ownership information is + relevant to an authorized investigation or other activity + described in paragraph (2); + ``(F) require the requesting agency to limit, to the + greatest extent practicable, the scope of information sought, + consistent with the purposes for seeking beneficial ownership + information; + ``(G) restrict, to the satisfaction of the Secretary, + access to beneficial ownership information to whom disclosure + may be made under the provisions of this section to only users + at the requesting agency-- + ``(i) who are directly engaged in the authorized + investigation or activity described in paragraph (2); + ``(ii) whose duties or responsibilities require such + access; + ``(iii) who-- + + ``(I) have undergone appropriate training; or + ``(II) use staff to access the database who have + undergone appropriate training; + + ``(iv) who use appropriate identity verification + mechanisms to obtain access to the information; and + ``(v) who are authorized by agreement with the + Secretary to access the information; + ``(H) require the requesting agency to establish and + maintain, to the satisfaction of the Secretary, a permanent + system of standardized records with respect to an auditable + trail of each request for beneficial ownership information + submitted to the Secretary by the agency, including the reason + for the request, the name of the individual who made the + request, the date of the request, any disclosure of beneficial + ownership information made by or to the agency, and any other + information the Secretary of the Treasury determines is + appropriate; + ``(I) require that the requesting agency receiving + beneficial ownership information from the Secretary conduct an + annual audit to verify that the beneficial ownership + information received from the Secretary has been accessed and + used appropriately, and in a manner consistent with this + paragraph and provide the results of that audit to the + Secretary upon request; + ``(J) require the Secretary to conduct an annual audit of + the adherence of the agencies to the protocols established + under this paragraph to ensure that agencies are requesting and + using beneficial ownership information appropriately; and + ``(K) provide such other safeguards which the Secretary + determines (and which the Secretary prescribes in regulations) + to be necessary or appropriate to protect the confidentiality + of the beneficial ownership information. + ``(4) Violation of protocols.--Any employee or officer of a + requesting agency under paragraph (2)(B) that violates the + protocols described in paragraph (3), including unauthorized + disclosure or use, shall be subject to criminal and civil penalties + under subsection (h)(3)(B). + ``(5) Department of the treasury access.-- + ``(A) In general.--Beneficial ownership information shall + be accessible for inspection or disclosure to officers and + employees of the Department of the Treasury whose official + duties require such inspection or disclosure subject to + procedures and safeguards prescribed by the Secretary of the + Treasury. + ``(B) Tax administration purposes.--Officers and employees + of the Department of the Treasury may obtain access to + beneficial ownership information for tax administration + purposes in accordance with this subsection. + ``(6) Rejection of request.--The Secretary of the Treasury-- + ``(A) shall reject a request not submitted in the form and + manner prescribed by the Secretary under paragraph (2)(C); and + ``(B) may decline to provide information requested under + this subsection upon finding that-- + ``(i) the requesting agency has failed to meet any + other requirement of this subsection; + ``(ii) the information is being requested for an + unlawful purpose; or + ``(iii) other good cause exists to deny the request. + ``(7) Suspension.--The Secretary of the Treasury may suspend or + debar a requesting agency from access for any of the grounds set + forth in paragraph (6), including for repeated or serious + violations of any requirement under paragraph (2). + ``(8) Security protections.--The Secretary of the Treasury + shall maintain information security protections, including + encryption, for information reported to FinCEN under subsection (b) + and ensure that the protections-- + ``(A) are consistent with standards and guidelines + developed under subchapter II of chapter 35 of title 44; and + ``(B) incorporate Federal information system security + controls for high-impact systems, excluding national security + systems, consistent with applicable law to prevent the loss of + confidentiality, integrity, or availability of information that + may have a severe or catastrophic adverse effect. + ``(9) Report by the secretary.--Not later than 1 year after the + effective date of the regulations prescribed under this subsection, + and annually thereafter for 5 years, the Secretary of the Treasury + shall submit to the Committee on Banking, Housing, and Urban + Affairs of the Senate and the Committee on Financial Services of + the House of Representatives a report, which-- + ``(A) may include a classified annex; and + ``(B) shall, with respect to each request submitted under + paragraph (2)(B)(i)(II) during the period covered by the + report, and consistent with protocols established by the + Secretary that are necessary to protect law enforcement + sensitive, tax-related, or classified information, include-- + ``(i) the date on which the request was submitted; + ``(ii) the source of the request; + ``(iii) whether the request was accepted or rejected or + is pending; and + ``(iv) a general description of the basis for rejecting + the such request, if applicable. + ``(10) Audit by the comptroller general.--Not later than 1 year + after the effective date of the regulations prescribed under this + subsection, and annually thereafter for 6 years, the Comptroller + General of the United States shall-- + ``(A) audit the procedures and safeguards established by + the Secretary of the Treasury under those regulations, + including duties for verification of requesting agencies + systems and adherence to the protocols established under this + subsection, to determine whether such safeguards and procedures + meet the requirements of this subsection and that the + Department of the Treasury is using beneficial ownership + information appropriately in a manner consistent with this + subsection; and + ``(B) submit to the Secretary of the Treasury, the + Committee on Banking, Housing, and Urban Affairs of the Senate, + and the Committee on Financial Services of the House of + Representatives a report that contains the findings and + determinations with respect to any audit conducted under this + paragraph. + ``(11) Department of the treasury testimony.-- + ``(A) In general.--Not later than March 31 of each year for + 5 years beginning in 2022, the Director shall be made available + to testify before the Committee on Banking, Housing, and Urban + Affairs of the Senate and the Committee on Financial Services + of the House of Representatives, or an appropriate subcommittee + thereof, regarding FinCEN issues, including, specifically, + issues relating to-- + ``(i) anticipated plans, goals, and resources necessary + for operations of FinCEN in implementing the requirements + of the Anti-Money Laundering Act of 2020 and the amendments + made by that Act; + ``(ii) the adequacy of appropriations for FinCEN in the + current and the previous fiscal year to-- + + ``(I) ensure that the requirements and obligations + imposed upon FinCEN by the Anti-Money Laundering Act of + 2020 and the amendments made by that Act are completed + as efficiently, effectively, and expeditiously as + possible; and + ``(II) provide for robust and effective + implementation and enforcement of the provisions of the + Anti-Money Laundering Act of 2020 and the amendments + made by that Act; + + ``(iii) strengthen FinCEN management efforts, as + necessary and as identified by the Director, to meet the + requirements of the Anti-Money Laundering Act of 2020 and + the amendments made by that Act; + ``(iv) provide for the necessary public outreach to + ensure the broad dissemination of information regarding any + new program requirements provided for in the Anti-Money + Laundering Act of 2020 and the amendments made by that Act, + including-- + + ``(I) educating the business community on the goals + and operations of the new beneficial ownership + database; and + ``(II) disseminating to the governments of + countries that are allies or partners of the United + States information on best practices developed by + FinCEN related to beneficial ownership information + retention and use; + + ``(v) any policy recommendations that could facilitate + and improve communication and coordination between the + private sector, FinCEN, and the Federal, State, and local + agencies and entities involved in implementing innovative + approaches to meet their obligations under the Anti-Money + Laundering Act of 2020 and the amendments made by that Act, + the Bank Secrecy Act (as defined in section 6003 of the + Anti-Money Laundering Act of 2020), and other anti-money + laundering compliance laws; and + ``(vi) any other matter that the Director determines is + appropriate. + ``(B) Testimony classification.--The testimony required + under subparagraph (A)-- + ``(i) shall be submitted in unclassified form; and + ``(ii) may include a classified portion. + ``(d) Agency Coordination.-- + ``(1) In general.--The Secretary of the Treasury shall, to the + greatest extent practicable, update the information described in + subsection (b) by working collaboratively with other relevant + Federal, State, and Tribal agencies. + ``(2) Information from relevant federal, state, and tribal + agencies.--Relevant Federal, State, and Tribal agencies, as + determined by the Secretary of the Treasury, shall, to the extent + practicable, and consistent with applicable legal protections, + cooperate with and provide information requested by FinCEN for + purposes of maintaining an accurate, complete, and highly useful + database for beneficial ownership information. + ``(3) Regulations.--The Secretary of the Treasury, in + consultation with the heads of other relevant Federal agencies, may + promulgate regulations as necessary to carry out this subsection. + ``(e) Notification of Federal Obligations.-- + ``(1) Federal.--The Secretary of the Treasury shall take + reasonable steps to provide notice to persons of their obligations + to report beneficial ownership information under this section, + including by causing appropriate informational materials describing + such obligations to be included in 1 or more forms or other + informational materials regularly distributed by the Internal + Revenue Service and FinCEN. + ``(2) States and indian tribes.-- + ``(A) In general.--As a condition of the funds made + available under this section, each State and Indian Tribe + shall, not later than 2 years after the effective date of the + regulations promulgated under subsection (b)(4), take the + following actions: + ``(i) The secretary of a State or a similar office in + each State or Indian Tribe responsible for the formation or + registration of entities created by the filing of a public + document with the office under the law of the State or + Indian Tribe shall periodically, including at the time of + any initial formation or registration of an entity, + assessment of an annual fee, or renewal of any license to + do business in the United States and in connection with + State or Indian Tribe corporate tax assessments or + renewals-- + + ``(I) notify filers of their requirements as + reporting companies under this section, including the + requirements to file and update reports under + paragraphs (1) and (2) of subsection (b); and + ``(II) provide the filers with a copy of the + reporting company form created by the Secretary of the + Treasury under this subsection or an internet link to + that form. + + ``(ii) The secretary of a State or a similar office in + each State or Indian Tribe responsible for the formation or + registration of entities created by the filing of a public + document with the office under the law of the State or + Indian Tribes shall update the websites, forms relating to + incorporation, and physical premises of the office to + notify filers of their requirements as reporting companies + under this section, including providing an internet link to + the reporting company form created by the Secretary of the + Treasury under this section. + ``(B) Notification from the department of the treasury.--A + notification under clause (i) or (ii) of subparagraph (A) shall + explicitly state that the notification is on behalf of the + Department of the Treasury for the purpose of preventing money + laundering, the financing of terrorism, proliferation + financing, serious tax fraud, and other financial crime by + requiring nonpublic registration of business entities formed or + registered to do business in the United States. + ``(f) No Bearer Share Corporations or Limited Liability +Companies.--A corporation, limited liability company, or other similar +entity formed under the laws of a State or Indian Tribe may not issue a +certificate in bearer form evidencing either a whole or fractional +interest in the entity. + ``(g) Regulations.--In promulgating regulations carrying out this +section, the Director shall reach out to members of the small business +community and other appropriate parties to ensure efficiency and +effectiveness of the process for the entities subject to the +requirements of this section. + ``(h) Penalties.-- + ``(1) Reporting violations.--It shall be unlawful for any + person to-- + ``(A) willfully provide, or attempt to provide, false or + fraudulent beneficial ownership information, including a false + or fraudulent identifying photograph or document, to FinCEN in + accordance with subsection (b); or + ``(B) willfully fail to report complete or updated + beneficial ownership information to FinCEN in accordance with + subsection (b). + ``(2) Unauthorized disclosure or use.--Except as authorized by + this section, it shall be unlawful for any person to knowingly + disclose or knowingly use the beneficial ownership information + obtained by the person through-- + ``(A) a report submitted to FinCEN under subsection (b); or + ``(B) a disclosure made by FinCEN under subsection (c). + ``(3) Criminal and civil penalties.-- + ``(A) Reporting violations.--Any person that violates + subparagraph (A) or (B) of paragraph (1)-- + ``(i) shall be liable to the United States for a civil + penalty of not more than $500 for each day that the + violation continues or has not been remedied; and + ``(ii) may be fined not more than $10,000, imprisoned + for not more than 2 years, or both. + ``(B) Unauthorized disclosure or use violations.--Any + person that violates paragraph (2)-- + ``(i) shall be liable to the United States for a civil + penalty of not more than $500 for each day that the + violation continues or has not been remedied; and + ``(ii)(I) shall be fined not more than $250,000, or + imprisoned for not more than 5 years, or both; or + ``(II) while violating another law of the United States + or as part of a pattern of any illegal activity involving + more than $100,000 in a 12-month period, shall be fined not + more than $500,000, imprisoned for not more than 10 years, + or both. + ``(C) Safe harbor.-- + ``(i) Safe harbor.-- + + ``(I) In general.--Except as provided in subclause + (II), a person shall not be subject to civil or + criminal penalty under subparagraph (A) if the person-- + + ``(aa) has reason to believe that any report + submitted by the person in accordance with + subsection (b) contains inaccurate information; and + ``(bb) in accordance with regulations issued by + the Secretary, voluntarily and promptly, and in no + case later than 90 days after the date on which the + person submitted the report, submits a report + containing corrected information. + + ``(II) Exceptions.--A person shall not be exempt + from penalty under clause (i) if, at the time the + person submits the report required by subsection (b), + the person-- + + ``(aa) acts for the purpose of evading the + reporting requirements under subsection (b); and + ``(bb) has actual knowledge that any + information contained in the report is inaccurate. + ``(ii) Assistance.--FinCEN shall provide assistance to + any person seeking to submit a corrected report in + accordance with clause (i)(I). + ``(4) User complaint process.-- + ``(A) In general.--The Inspector General of the Department + of the Treasury, in coordination with the Secretary of the + Treasury, shall provide public contact information to receive + external comments or complaints regarding the beneficial + ownership information notification and collection process or + regarding the accuracy, completeness, or timeliness of such + information. + ``(B) Report.--The Inspector General of the Department of + the Treasury shall submit to Congress a periodic report that-- + ``(i) summarizes external comments or complaints and + related investigations conducted by the Inspector General + related to the collection of beneficial ownership + information; and + ``(ii) includes recommendations, in coordination with + FinCEN, to improve the form and manner of the notification, + collection and updating processes of the beneficial + ownership information reporting requirements to ensure the + beneficial ownership information reported to FinCEN is + accurate, complete, and highly useful. + ``(5) Treasury office of inspector general investigation in the + event of a cybersecurity breach.-- + ``(A) In general.--In the event of a cybersecurity breach + that results in substantial unauthorized access and disclosure + of sensitive beneficial ownership information, the Inspector + General of the Department of the Treasury shall conduct an + investigation into FinCEN cybersecurity practices that, to the + extent possible, determines any vulnerabilities within FinCEN + information security and confidentiality protocols and provides + recommendations for fixing those deficiencies. + ``(B) Report.--The Inspector General of the Department of + the Treasury shall submit to the Secretary of the Treasury a + report on each investigation conducted under subparagraph (A). + ``(C) Actions of the secretary.--Upon receiving a report + submitted under subparagraph (B), the Secretary of the Treasury + shall-- + ``(i) determine whether the Director had any + responsibility for the cybersecurity breach or whether + policies, practices, or procedures implemented at the + direction of the Director led to the cybersecurity breach; + and + ``(ii) submit to Congress a written report outlining + the findings of the Secretary, including a determination by + the Secretary on whether to retain or dismiss the + individual serving as the Director. + ``(6) Definition.--In this subsection, the term `willfully' + means the voluntary, intentional violation of a known legal duty. + ``(i) Continuous Review of Exempt Entities.-- + ``(1) In general.--On and after the effective date of the + regulations promulgated under subsection (b)(4), if the Secretary + of the Treasury makes a determination, which may be based on + information contained in the report required under section 6502(c) + of the Anti-Money Laundering Act of 2020 or on any other + information available to the Secretary, that an entity or class of + entities described in subsection (a)(11)(B) has been involved in + significant abuse relating to money laundering, the financing of + terrorism, proliferation finance, serious tax fraud, or any other + financial crime, not later than 90 days after the date on which the + Secretary makes the determination, the Secretary shall submit to + the Committee on Banking, Housing, and Urban Affairs of the Senate + and the Committee on Financial Services of the House of + Representatives a report that explains the reasons for the + determination and any administrative or legislative recommendations + to prevent such abuse. + ``(2) Classified annex.--The report required by paragraph (1)-- + ``(A) shall be submitted in unclassified form; and + ``(B) may include a classified annex.''. + (b) Conforming Amendments.--Title 31, United States Code, is +amended-- + (1) in section 5321(a)-- + (A) in paragraph (1), by striking ``sections 5314 and + 5315'' each place that term appears and inserting ``sections + 5314, 5315, and 5336''; and + (B) in paragraph (6), by inserting ``(except section + 5336)'' after ``subchapter'' each place that term appears; + (2) in section 5322, by striking ``section 5315 or 5324'' each + place that term appears and inserting ``section 5315, 5324, or + 5336''; and + (3) in the table of sections for chapter 53, as amended by + sections 6306(b)(1), 6307(b), and 6313(b) of this division, by + adding at the end the following: + +``5336. Beneficial ownership information reporting requirements.''. + + (c) Reporting Requirements for Federal Contractors.-- + (1) In general.--Not later than 2 years after the date of + enactment of this Act, the Administrator for Federal Procurement + Policy shall revise the Federal Acquisition Regulation maintained + under section 1303(a)(1) of title 41, United States Code, to + require any contractor or subcontractor that is subject to the + requirement to disclose beneficial ownership information under + section 5336 of title 31, United States Code, as added by + subsection (a) of this section, to provide the information required + to be disclosed under such section to the Federal Government as + part of any bid or proposal for a contract with a value threshold + in excess of the simplified acquisition threshold under section 134 + of title 41, United States Code. + (2) Applicability.--The revision required under paragraph (1) + shall not apply to a covered contractor or subcontractor, as + defined in section 847 of the National Defense Authorization Act + for Fiscal Year 2020 (Public Law 116-92), that is subject to the + beneficial ownership disclosure and review requirements under that + section. + (d) Revised Due Diligence Rulemaking.-- + (1) In general.--Not later than 1 year after the effective date + of the regulations promulgated under section 5336(b)(4) of title + 31, United States Code, as added by subsection (a) of this section, + the Secretary of the Treasury shall revise the final rule entitled + ``Customer Due Diligence Requirements for Financial Institutions'' + (81 Fed. Reg. 29397 (May 11, 2016)) to-- + (A) bring the rule into conformance with this division and + the amendments made by this division; + (B) account for the access of financial institutions to + beneficial ownership information filed by reporting companies + under section 5336, and provided in the form and manner + prescribed by the Secretary, in order to confirm the beneficial + ownership information provided directly to the financial + institutions to facilitate the compliance of those financial + institutions with anti-money laundering, countering the + financing of terrorism, and customer due diligence requirements + under applicable law; and + (C) reduce any burdens on financial institutions and legal + entity customers that are, in light of the enactment of this + division and the amendments made by this division, unnecessary + or duplicative. + (2) Conformance.-- + (A) In general.--In carrying out paragraph (1), the + Secretary of the Treasury shall rescind paragraphs (b) through + (j) of section 1010.230 of title 31, Code of Federal + Regulations upon the effective date of the revised rule + promulgated under this subsection. + (B) Rule of construction.--Nothing in this section may be + construed to authorize the Secretary of the Treasury to repeal + the requirement that financial institutions identify and verify + beneficial owners of legal entity customers under section + 1010.230(a) of title 31, Code of Federal Regulations. + (3) Considerations.--In fulfilling the requirements under this + subsection, the Secretary of the Treasury shall consider-- + (A) the use of risk-based principles for requiring reports + of beneficial ownership information; + (B) the degree of reliance by financial institutions on + information provided by FinCEN for purposes of obtaining and + updating beneficial ownership information; + (C) strategies to improve the accuracy, completeness, and + timeliness of the beneficial ownership information reported to + the Secretary; and + (D) any other matter that the Secretary determines is + appropriate. - (a) In General.--Section 5318 of title 31, United States Code, as -amended by section 7301, is further amended by adding at the end the + TITLE LXV--MISCELLANEOUS + +Sec. 6501. Investigations and prosecution of offenses for violations of + the securities laws. +Sec. 6502. GAO and Treasury studies on beneficial ownership information + reporting requirements. +Sec. 6503. GAO study on feedback loops. +Sec. 6504. GAO CTR study and report. +Sec. 6505. GAO studies on trafficking. +Sec. 6506. Treasury study and strategy on trade-based money laundering. +Sec. 6507. Treasury study and strategy on money laundering by the + People's Republic of China. +Sec. 6508. Treasury and Justice study on the efforts of authoritarian + regimes to exploit the financial system of the United States. +Sec. 6509. Authorization of appropriations. +Sec. 6510. Discretionary surplus funds. +Sec. 6511. Severability. +SEC. 6501. INVESTIGATIONS AND PROSECUTION OF OFFENSES FOR VIOLATIONS OF +THE SECURITIES LAWS. + (a) In General.--Section 21(d) of the Securities Exchange Act of +1934 (15 U.S.C. 78u(d)) is amended-- + (1) in paragraph (3)-- + (A) in the paragraph heading-- + (i) by inserting ``Civil'' before ``Money penalties''; + and + (ii) by striking ``in civil actions'' and inserting + ``and authority to seek disgorgement''; + (B) in subparagraph (A), by striking ``jurisdiction to + impose'' and all that follows through the period at the end and + inserting the following: ``jurisdiction to-- + ``(i) impose, upon a proper showing, a civil penalty to + be paid by the person who committed such violation; and + ``(ii) require disgorgement under paragraph (7) of any + unjust enrichment by the person who received such unjust + enrichment as a result of such violation.''; and + (C) in subparagraph (B)-- + (i) in clause (i), in the first sentence, by striking + ``the penalty'' and inserting ``a civil penalty imposed + under subparagraph (A)(i)''; + (ii) in clause (ii), by striking ``amount of penalty'' + and inserting ``amount of a civil penalty imposed under + subparagraph (A)(i)''; and + (iii) in clause (iii), in the matter preceding item + (aa), by striking ``amount of penalty for each such + violation'' and inserting ``amount of a civil penalty + imposed under subparagraph (A)(i) for each violation + described in that subparagraph''; + (2) in paragraph (4), by inserting ``under paragraph (7)'' + after ``funds disgorged''; and + (3) by adding at the end the following: + ``(7) Disgorgement.--In any action or proceeding brought by the + Commission under any provision of the securities laws, the + Commission may seek, and any Federal court may order, disgorgement. + ``(8) Limitations periods.-- + ``(A) Disgorgement.--The Commission may bring a claim for + disgorgement under paragraph (7)-- + ``(i) not later than 5 years after the latest date of + the violation that gives rise to the action or proceeding + in which the Commission seeks the claim occurs; or + ``(ii) not later than 10 years after the latest date of + the violation that gives rise to the action or proceeding + in which the Commission seeks the claim if the violation + involves conduct that violates-- + + ``(I) section 10(b); + ``(II) section 17(a)(1) of the Securities Act of + 1933 (15 U.S.C. 77q(a)(1)); + ``(III) section 206(1) of the Investment Advisers + Act of 1940 (15 U.S.C. 80b-6(1)); or + ``(IV) any other provision of the securities laws + for which scienter must be established. + + ``(B) Equitable remedies.--The Commission may seek a claim + for any equitable remedy, including for an injunction or for a + bar, suspension, or cease and desist order, not later than 10 + years after the latest date on which a violation that gives + rise to the claim occurs. + ``(C) Calculation.--For the purposes of calculating any + limitations period under this paragraph with respect to an + action or claim, any time in which the person against which the + action or claim, as applicable, is brought is outside of the + United States shall not count towards the accrual of that + period. + ``(9) Rule of construction.--Nothing in paragraph (7) may be + construed as altering any right that any private party may have to + maintain a suit for a violation of this Act.''. + (b) Applicability.--The amendments made by subsection (a) shall +apply with respect to any action or proceeding that is pending on, or +commenced on or after, the date of enactment of this Act. +SEC. 6502. GAO AND TREASURY STUDIES ON BENEFICIAL OWNERSHIP INFORMATION +REPORTING REQUIREMENTS. + (a) Effectiveness of Incorporation Practices Study.--Not later than +2 years after the effective date of the regulations promulgated under +section 5336(b)(4) of title 31, United States Code, as added by section +6403(a) of this division, the Comptroller General of the United States +shall conduct a study and submit to Congress a report assessing the +effectiveness of incorporation practices implemented under this +division, and the amendments made by this division, in-- + (1) providing national security, intelligence, and law + enforcement agencies with prompt access to reliable, useful, and + complete beneficial ownership information; and + (2) strengthening the capability of national security, + intelligence, and law enforcement agencies to-- + (A) combat incorporation abuses and civil and criminal + misconduct; and + (B) detect, prevent, or prosecute money laundering, the + financing of terrorism, proliferation finance, serious tax + fraud, or other crimes. + (b) Using Technology to Avoid Duplicative Layers of Reporting +Obligations and Increase Accuracy of Beneficial Ownership +Information.-- + (1) In general.--The Secretary, in consultation with the + Attorney General, shall conduct a study to evaluate-- + (A) the effectiveness of using FinCEN identifiers, as + defined in section 5336 of title 31, United States Code, as + added by section 6403(a) of this division, or other simplified + reporting methods in order to facilitate a simplified + beneficial ownership regime for reporting companies; + (B) whether a reporting regime, whereby only company + shareholders are reported within the ownership chain of a + reporting company, could effectively track beneficial ownership + information and increase information to law enforcement; + (C) the costs associated with imposing any new verification + requirements on FinCEN; and + (D) the resources necessary to implement any such changes. + (2) Findings.--The Secretary shall submit to the relevant + committees of jurisdiction-- + (A) the findings of the study conducted under paragraph + (1); and + (B) recommendations for carrying out the findings described + in subparagraph (A). + (c) Exempt Entities.--Not later than 2 years after the effective +date of regulations promulgated under section 5336(b)(4) of title 31, +United States Code, as added by section 6403(a) of this division, the +Comptroller General of the United States, in consultation with the +Secretary, Federal functional regulators, the Attorney General, the +Secretary of Homeland Security, and the intelligence community, shall +conduct a study and submit to Congress a report that-- + (1) reviews the regulated status, related reporting + requirements, quantity, and structure of each class of + corporations, limited liability companies, and similar entities + that have been explicitly excluded from the definition of reporting + company and the requirement to report beneficial ownership + information under section 5336 of title 31, United States Code, as + added by section 6403(a) of this division; + (2) assesses the extent to which any excluded entity or class + of entities described in paragraph (1) pose significant risks of + money laundering, the financing of terrorism, proliferation + finance, serious tax fraud, and other financial crime; and + (3) identifies other policy areas related to the risks of + exempt entities described in paragraph (1) for Congress to consider + as Congress is conducting oversight of the new beneficial ownership + information reporting requirements established by this division and + amendments made by this division. + (d) Other Legal Entities Study.--Not later than 2 years after the +effective date of the regulations promulgated under section 5336(b)(4) +of title 31, United States Code, as added by section 6403(a) of this +division, the Comptroller General of the United States shall conduct a +study and submit to Congress a report-- + (1) identifying each State that has procedures that enable + persons to form or register under the laws of the State + partnerships, trusts, or other legal entities, and the nature of + those procedures; + (2) identifying each State that requires persons seeking to + form or register partnerships, trusts, or other legal entities + under the laws of the State to provide beneficial owners (as + defined in section 5336(a) of title 31, United States Code, as + added by section 6403 of this division) or beneficiaries of those + entities, and the nature of the required information; + (3) evaluating whether the lack of available beneficial + ownership information for partnerships, trusts, or other legal + entities-- + (A) raises concerns about the involvement of those entities + in terrorism, money laundering, tax evasion, securities fraud, + or other misconduct; and + (B) has impeded investigations into entities suspected of + the misconduct described in subparagraph (A); + (4) evaluating whether the failure of the United States to + require beneficial ownership information for partnerships and + trusts formed or registered in the United States has elicited + international criticism; and + (5) including what steps, if any, the United States has taken, + is planning to take, or should take in response to the criticism + described in paragraph (4). +SEC. 6503. GAO STUDY ON FEEDBACK LOOPS. + (a) Definition.--In this section, the term ``feedback loop'' means +feedback provided by the United States Government to relevant parties. + (b) Study.--The Comptroller General of the United States shall +conduct a study on-- + (1) best practices within the United States Government for + feedback loops, including regulated private entities, on the usage + and usefulness of personally identifiable information, sensitive- + but-unclassified data, or similar information provided by the + parties to United States Government users of the information and + data, including law enforcement agencies and regulators; and + (2) any practice or standard inside or outside the United + States for providing feedback through sensitive information and + public-private partnership information sharing efforts, + specifically related to efforts to combat money laundering and + other forms of illicit finance. + (c) Report.--Not later than 18 months after the date of enactment +of this Act, the Comptroller General of the United States shall submit +to the Committee on Banking, Housing, and Urban Affairs of the Senate +and the Committee on Financial Services of the House of Representatives +a report containing-- + (1) all findings and determinations made in carrying out the + study required under subsection (b); + (2) with respect to each of paragraphs (1) and (2) of + subsection (b), any best practice or significant concern identified + by the Comptroller General, and the applicability to public-private + partnerships and feedback loops with respect to efforts by the + United States Government to combat money laundering and other forms + of illicit finance; and + (3) recommendations of the Comptroller General to reduce or + eliminate any unnecessary collection by the United States + Government of the information described in subsection (b)(1). +SEC. 6504. GAO CTR STUDY AND REPORT. + The Comptroller General of the United States shall-- + (1) not later than January 1, 2025, commence a study of + currency transaction reports, which shall include-- + (A) a review, carried out in consultation with the + Secretary, FinCEN, the Attorney General, the State attorneys + general, and State, Tribal, and local law enforcement, of the + effectiveness of the currency transaction reporting regime in + effect as of the date of the study; + (B) an analysis of the importance of currency transaction + reports to law enforcement; and + (C) an analysis of the effects of raising the currency + transaction report threshold; and + (2) not later than December 31, 2025, submit to the Secretary + and Congress a report that includes-- + (A) all findings and determinations made in carrying out + the study required under paragraph (1); and + (B) recommendations for improving the currency transaction + reporting regime. +SEC. 6505. GAO STUDIES ON TRAFFICKING. + (a) Definition of Human Trafficking.--In this section, the term +``human trafficking'' has the meaning given the term ``severe forms of +trafficking in persons'' in section 103 of the Trafficking Victims +Protection Act of 2000 (22 U.S.C. 7102). + (b) Gao Study and Report on Stopping Trafficking, Illicit Flows, +Laundering, and Exploitation.-- + (1) Study.--The Comptroller General of the United States shall + carry out a study, in consultation with law enforcement, relevant + Federal agencies, appropriate private sector stakeholders + (including financial institutions and data and technology + companies), academic and other research organizations (including + survivor and victim advocacy organizations), and any other group + that the Comptroller General determines is appropriate on-- + (A) the major trafficking routes used by transnational + criminal organizations, terrorists, and others, and to what + extent the trafficking routes for people (including children), + drugs, weapons, cash, child sexual exploitation materials, or + other illicit goods are similar, related, or contiguous; + (B) commonly used methods to launder and move the proceeds + of trafficking; + (C) the types of suspicious financial activity that are + associated with illicit trafficking networks, and how financial + institutions identify and report such activity; + (D) the nexus between the identities and finances of + trafficked persons and fraud; + (E) the tools, guidance, training, partnerships, + supervision, or other mechanisms that Federal agencies, + including FinCEN, the Federal financial regulators, and law + enforcement, provide to help financial institutions identify + techniques and patterns of transactions that may involve the + proceeds of trafficking; + (F) what steps financial institutions are taking to detect + and prevent bad actors who are laundering the proceeds of + illicit trafficking, including data analysis, policies, + training procedures, rules, and guidance; + (G) what role gatekeepers, such as lawyers, notaries, + accountants, investment advisors, logistics agents, and trust + and company service providers, play in facilitating trafficking + networks and the laundering of illicit proceeds; and + (H) the role that emerging technologies, including + artificial intelligence, digital identity technologies, + distributed ledger technologies, virtual assets, and related + exchanges and online marketplaces, and other innovative + technologies, can play in assisting with and potentially + enabling the laundering of proceeds from trafficking. + (2) Report to congress.--Not later than 1 year after the date + of enactment of this Act, the Comptroller General of the United + States shall submit to the Committee on Banking, Housing, and Urban + Affairs of the Senate and the Committee on Financial Services of + the House of Representatives a report-- + (A) summarizing the results of the study required under + paragraph (1); and + (B) that contains any recommendations for legislative or + regulatory action that would improve the efforts of Federal + agencies to combat trafficking or the laundering of proceeds + from such activity. + (c) GAO Study and Report on Fighting Illicit Networks and Detecting +Trafficking.-- + (1) Study.--The Comptroller General of the United States shall + conduct a study on how a range of payment systems and methods, + including virtual currencies in online marketplaces, are used to + facilitate human trafficking and drug trafficking, which shall + consider-- + (A) how online marketplaces, including the dark web, may be + used as platforms to buy, sell, or facilitate the financing of + goods or services associated with human trafficking or drug + trafficking, specifically, opioids and synthetic opioids, + including fentanyl, fentanyl analogues, and any precursor + chemical associated with manufacturing fentanyl or fentanyl + analogues, destined for, originating from, or within the United + States; + (B) how financial payment methods, including virtual + currencies and peer-to-peer mobile payment services, may be + utilized by online marketplaces to facilitate the buying, + selling, or financing of goods and services associated with + human trafficking or drug trafficking destined for, originating + from, or within the United States; + (C) how virtual currencies may be used to facilitate the + buying, selling, or financing of goods and services associated + with human trafficking or drug trafficking, destined for, + originating from, or within the United States, when an online + platform is not otherwise involved; + (D) how illicit funds that have been transmitted online and + through virtual currencies are repatriated into the formal + banking system of the United States through money laundering or + other means; + (E) the participants, including State and non-State actors, + throughout the entire supply chain that may participate in or + benefit from the buying, selling, or financing of goods and + services associated with human trafficking or drug trafficking, + including through online marketplaces or using virtual + currencies, destined for, originating from, or within the + United States; + (F) Federal and State agency efforts to impede the buying, + selling, or financing of goods and services associated with + human trafficking or drug trafficking destined for, originating + from, or within the United States, including efforts to prevent + the proceeds from human trafficking or drug trafficking from + entering the United States banking system; + (G) how virtual currencies and their underlying + technologies can be used to detect and deter these illicit + activities; and + (H) to what extent immutability and traceability of virtual + currencies can contribute to the tracking and prosecution of + illicit funding. + (2) Report to congress.--Not later than 1 year after the date + of enactment of this Act, the Comptroller General of the United + States shall submit to the Committee on Banking, Housing, and Urban + Affairs of the Senate and the Committee on Financial Services of + the House of Representatives a report-- + (A) summarizing the results of the study required under + paragraph (1); and + (B) that contains any recommendations for legislative or + regulatory action that would improve the efforts of Federal + agencies to impede the use of virtual currencies and online + marketplaces in facilitating human trafficking and drug + trafficking. +SEC. 6506. TREASURY STUDY AND STRATEGY ON TRADE-BASED MONEY LAUNDERING. + (a) Study Required.-- + (1) In general.--The Secretary shall carry out a study, in + consultation with appropriate private sector stakeholders, academic + and other international trade experts, and Federal agencies, on + trade-based money laundering. + (2) Contracting authority.--The Secretary may enter into a + contract with a private third-party entity to carry out the study + required by paragraph (1). + (b) Report Required.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the Secretary shall submit to Congress a + report that includes-- + (A) all findings and determinations made in carrying out + the study required under subsection (a); and + (B) proposed strategies to combat trade-based money + laundering. + (2) Classified annex.--The report required under paragraph + (1)-- + (A) shall be submitted in unclassified form; and + (B) may include a classified annex. +SEC. 6507. TREASURY STUDY AND STRATEGY ON MONEY LAUNDERING BY THE +PEOPLE'S REPUBLIC OF CHINA. + (a) Study.--The Secretary shall carry out a study, which shall rely +substantially on information obtained through the trade-based money +laundering analyses conducted by the Comptroller General of the United +States, on-- + (1) the extent and effect of illicit finance risk relating to + the Government of the People's Republic of China and Chinese firms, + including financial institutions; + (2) an assessment of the illicit finance risks emanating from + the People's Republic of China; + (3) those risks allowed, directly or indirectly, by the + Government of the People's Republic of China, including those + enabled by weak regulatory or administrative controls of that + government; and + (4) the ways in which the increasing amount of global trade and + investment by the Government of the People's Republic of China and + Chinese firms exposes the international financial system to + increased risk relating to illicit finance. + (b) Strategy to Counter Chinese Money Laundering.--Upon the +completion of the study required under subsection (a), the Secretary, +in consultation with such other Federal agencies as the Secretary +determines appropriate, shall develop a strategy to combat Chinese +money laundering activities. + (c) Report.--Not later than 1 year after the date of enactment of +this Act, the Secretary shall submit to Congress a report containing-- + (1) all findings and determinations made in carrying out the + study required under subsection (a); and + (2) the strategy developed under subsection (b). + (d) Classified Annex.--The report required by subsection (c)-- + (1) shall be submitted in unclassified form; and + (2) may include a classified annex. +SEC. 6508. TREASURY AND JUSTICE STUDY ON THE EFFORTS OF AUTHORITARIAN +REGIMES TO EXPLOIT THE FINANCIAL SYSTEM OF THE UNITED STATES. + (a) In General.--Not later than 1 year after the date of enactment +of this Act, the Secretary and the Attorney General, in consultation +with the heads of other relevant national security, intelligence, and +law enforcement agencies, shall conduct a study that considers how +authoritarian regimes in foreign countries and their proxies use the +financial system of the United States to-- + (1) conduct political influence operations; + (2) sustain kleptocratic methods of maintaining power; + (3) export corruption; + (4) fund nongovernmental organizations, media organizations, or + academic initiatives in the United States to advance the interests + of those regimes; and + (5) otherwise undermine democratic governance in the United + States and the partners and allies of the United States. + (b) Report.--Not later than 2 years after the date of enactment of +this Act, the Secretary shall submit to the Committee on Banking, +Housing, and Urban Affairs of the Senate and the Committee on Financial +Services of the House of Representatives a report that contains-- + (1) the results of the study required under subsection (a); and + (2) any recommendations for legislative or regulatory action, + or steps to be taken by United States financial institutions, that + would address exploitation of the financial system of the United + States by foreign authoritarian regimes. +SEC. 6509. AUTHORIZATION OF APPROPRIATIONS. + (a) In General.--Subsection (l) of section 310, of title 31, United +States Code, as redesignated by section 6103(1) of this division, is +amended by striking paragraph (1) and inserting the following: + ``(1) In general.--There are authorized to be appropriated to + FinCEN to carry out this section, to remain available until + expended-- + ``(A) $136,000,000 for fiscal year 2021; + ``(B) $60,000,000 for fiscal year 2022; and + ``(C) $35,000,000 for each of fiscal years 2023 through + 2026.''. + (b) Beneficial Ownership Information Reporting Requirements.-- +Section 5336 of title 31, United States Code, as added by section +6403(a) of this division, is amended by adding at the end the following: - ``(q) Testing.-- - ``(1) In general.--The Secretary of the Treasury, in - consultation with the head of each agency to which the - Secretary has delegated duties or powers under subsection (a), - shall issue a rule to specify-- - ``(A) with respect to technology and related - technology-internal processes (`new technology') - designed to facilitate compliance with the Bank Secrecy - Act requirements, the standards by which financial - institutions are to test new technology; and - ``(B) in what instances or under what circumstance - and criteria a financial institution may replace or - terminate legacy technology and processes for any - examinable technology or process without the - replacement or termination being determined an - examination deficiency. - ``(2) Standards.--The standards described under paragraph - (1) may include-- - ``(A) an emphasis on using innovative approaches, - such as machine learning, rather than rules-based - systems; - ``(B) risk-based back-testing of the regime to - facilitate calibration of relevant systems; - ``(C) requirements for appropriate data privacy and - security; and - ``(D) a requirement that the algorithms used by the - regime be disclosed to the Financial Crimes Enforcement - Network, upon request. - ``(3) Confidentiality of algorithms.--If a financial - institution or any director, officer, employee, or agent of any - financial institution, voluntarily or pursuant to this - subsection or any other authority, discloses the institution's - algorithms to a Government agency, such algorithms and any - materials associated with the creation of such algorithms shall - be considered confidential and not subject to public - disclosure.''. - (b) Update of Manual.--The Financial Institutions Examination -Council shall ensure-- - (1) that any manual prepared by the Council is updated to - reflect the rulemaking required by the amendment made by - subsection (a); and - (2) that financial institutions are not penalized for the - decisions based on such rulemaking to replace or terminate - technology used for compliance with the Bank Secrecy Act (as - defined under section 5312 of title 31, United States Code) or - other anti-money laundering laws. - -SEC. 7305. FINCEN STUDY ON USE OF EMERGING TECHNOLOGIES. - - (a) Study.-- - (1) In general.--The Director of the Financial Crimes - Enforcement Network (``FinCEN'') shall carry out a study on-- - (A) the status of implementation and internal use - of emerging technologies, including artificial - intelligence (``AI''), digital identity technologies, - blockchain technologies, and other innovative - technologies within FinCEN; - (B) whether AI, digital identity technologies, - blockchain technologies, and other innovative - technologies can be further leveraged to make FinCEN's - data analysis more efficient and effective; and - (C) how FinCEN could better utilize AI, digital - identity technologies, blockchain technologies, and - other innovative technologies to more actively analyze - and disseminate the information it collects and stores - to provide investigative leads to Federal, State, - Tribal, and local law enforcement, and other Federal - agencies (collective, ``Agencies''), and better support - its ongoing investigations when referring a case to the - Agencies. - (2) Inclusion of gto data.--The study required under this - subsection shall include data collected through the Geographic - Targeting Orders (``GTO'') program. - (3) Consultation.--In conducting the study required under - this subsection, FinCEN shall consult with the Directors of the - Innovations Labs established in section 7302. - (b) Report.--Not later than the end of the 6-month period beginning -on the date of the enactment of this Act, the Director shall issue a -report to the Committee on Banking, Housing, and Urban Affairs of the -Senate and the Committee on Financial Services of the House of -Representatives containing-- - (1) all findings and determinations made in carrying out - the study required under subsection (a); - (2) with respect to each of subparagraphs (A), (B) and (C) - of subsection (a)(1), any best practices or significant - concerns identified by the Director, and their applicability to - AI, digital identity technologies, blockchain technologies, and - other innovative technologies with respect to United States - efforts to combat money laundering and other forms of illicit - finance; and - (3) any policy recommendations that could facilitate and - improve communication and coordination between the private - sector, FinCEN, and Agencies through the implementation of - innovative approaches, in order to meet their Bank Secrecy Act - (as defined under section 5312 of title 31, United States Code) - and anti-money laundering compliance obligations. - -SEC. 7306. DISCRETIONARY SURPLUS FUNDS. - + ``(j) Authorization of Appropriations.--There are authorized to be +appropriated to FinCEN for each of the 3 fiscal years beginning on the +effective date of the regulations promulgated under subsection (b)(4), +such sums as may be necessary to carry out this section, including +allocating funds to the States to pay reasonable costs relating to +compliance with the requirements of such section.''. +SEC. 6510. DISCRETIONARY SURPLUS FUNDS. The dollar amount specified under section 7(a)(3)(A) of the Federal -Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $37,000,000. - - DIVISION H--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020 - -SEC. 101. SHORT TITLE. - +Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $40,000,000. +SEC. 6511. SEVERABILITY. + If any provision of this division, an amendment made by this +division, or the application of such provision or amendment to any +person or circumstance is held to be unconstitutional, the remainder of +this division, the amendments made by this division, and the +application of the provisions of such to any person or circumstance +shall not be affected thereby. + + DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020 + +SEC. 8001. SHORT TITLE. This division may be cited as the ``Elijah E. Cummings Coast Guard Authorization Act of 2020''. - -SEC. 102. DEFINITION OF COMMANDANT. - +SEC. 8002. DEFINITION OF COMMANDANT. In this division, the term ``Commandant'' means the Commandant of the Coast Guard. - TITLE I--AUTHORIZATIONS - -SEC. 8001. AUTHORIZATIONS OF APPROPRIATIONS. - + TITLE LVXXXI--AUTHORIZATIONS + +Sec. 8101. Authorizations of appropriations. +Sec. 8102. Authorized levels of military strength and training. +Sec. 8103. Determination of budgetary effects. +Sec. 8104. Availability of amounts for acquisition of additional + National Security Cutter. +Sec. 8105. Procurement authority for Polar Security Cutters. +Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker. +Sec. 8107. Procurement authority for Great Lakes icebreaker. +Sec. 8108. Polar Security Cutter acquisition report. +Sec. 8109. Shoreside infrastructure. +Sec. 8110. Major acquisition systems infrastructure. +Sec. 8111. Polar icebreakers. +Sec. 8112. Acquisition of fast response cutter. +SEC. 8101. AUTHORIZATIONS OF APPROPRIATIONS. Section 4902 of title 14, United States Code, is amended-- - (1) in the matter preceding paragraph (1), by striking - ``year 2019'' and inserting ``years 2020 and 2021''; - (2) in paragraph (1)(A), by striking ``provided for, - $7,914,195,000 for fiscal year 2019.'' and inserting ``provided - for-- - ``(i) $8,151,620,850 for fiscal year 2020; and - ``(ii) $8,396,169,475 for fiscal year 2021.''; - (3) in paragraph (1)(B), by striking ``subparagraph (A)--'' - and inserting ``subparagraph (A)(i), $17,035,000 shall be for - environmental compliance and restoration.''; - (4) by striking clauses (i) and (ii) of paragraph (1)(B); - (5) in paragraph (1), by adding at the end the following: - ``(C) Of the amount authorized under subparagraph, (A)(ii) - $17,376,000 shall be for environmental compliance and - restoration.''; - (6) in paragraph (2)-- - (A) by striking ``For the procurement'' and - inserting ``(A) For the procurement''; - (B) by striking ``and equipment, $2,694,745,000 for - fiscal year 2019.'' and inserting ``and equipment-- - ``(i) $2,794,745,000 for fiscal year 2020; and - ``(ii) $3,312,114,000 for fiscal year 2021.''; and - (C) by adding at the end the following: - ``(B) Of the amounts authorized under subparagraph (A), the - following amounts shall be for the alteration of bridges: - ``(i) $10,000,000 for fiscal year 2020; and - ``(ii) $20,000,000 for fiscal year 2021.''; - (7) in paragraph (3), by striking ``and equipment, - $29,141,000 for fiscal year 2019.'' and inserting ``and - equipment-- - ``(A) $13,834,000 for fiscal year 2020; and - ``(B) $14,111,000 for fiscal year 2021.''; and - (8) by adding at the end the following: - ``(4) For the Coast Guard's Medicare-eligible retiree - health care fund contribution to the Department of Defense-- - ``(A) $205,107,000 for fiscal year 2020; and - ``(B) $209,209,000 for fiscal year 2021.''. - -SEC. 8002. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. - + (1) in the matter preceding paragraph (1), by striking ``year + 2019'' and inserting ``years 2020 and 2021''; + (2) in paragraph (1)(A), by striking ``provided for, + $7,914,195,000 for fiscal year 2019.'' and inserting ``provided + for-- + ``(i) $8,151,620,850 for fiscal year 2020; and + ``(ii) $8,396,169,475 for fiscal year 2021.''; + (3) in paragraph (1)(B), by striking ``subparagraph (A)--'' and + inserting ``subparagraph (A)(i), $17,035,000 shall be for + environmental compliance and restoration.''; + (4) by striking clauses (i) and (ii) of paragraph (1)(B); + (5) in paragraph (1), by adding at the end the following: + ``(C) Of the amount authorized under subparagraph, (A)(ii) + $17,376,000 shall be for environmental compliance and + restoration.''; + (6) in paragraph (2)-- + (A) by striking ``For the procurement'' and inserting ``(A) + For the procurement''; + (B) by striking ``and equipment, $2,694,745,000 for fiscal + year 2019.'' and inserting ``and equipment-- + ``(i) $2,794,745,000 for fiscal year 2020; and + ``(ii) $3,312,114,000 for fiscal year 2021.''; and + (C) by adding at the end the following: + ``(B) Of the amounts authorized under subparagraph (A), the + following amounts shall be for the alteration of bridges: + ``(i) $10,000,000 for fiscal year 2020; and + ``(ii) $20,000,000 for fiscal year 2021.''; + (7) in paragraph (3), by striking ``and equipment, $29,141,000 + for fiscal year 2019.'' and inserting ``and equipment-- + ``(A) $13,834,000 for fiscal year 2020; and + ``(B) $14,111,000 for fiscal year 2021.''; and + (8) by adding at the end the following: + ``(4) For the Coast Guard's Medicare-eligible retiree health + care fund contribution to the Department of Defense-- + ``(A) $205,107,000 for fiscal year 2020; and + ``(B) $209,209,000 for fiscal year 2021.''. +SEC. 8102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. Section 4904 of title 14, United States Code, is amended-- - (1) in subsection (a), by striking ``43,000 for fiscal year - 2018 and 44,500 for fiscal year 2019'' and inserting ``44,500 - for each of fiscal years 2020 and 2021''; and - (2) in subsection (b), by striking ``fiscal years 2018 and - 2019'' and inserting ``fiscal years 2020 and 2021''. - -SEC. 8003. DETERMINATION OF BUDGETARY EFFECTS. - + (1) in subsection (a), by striking ``43,000 for fiscal year + 2018 and 44,500 for fiscal year 2019'' and inserting ``44,500 for + each of fiscal years 2020 and 2021''; and + (2) in subsection (b), by striking ``fiscal years 2018 and + 2019'' and inserting ``fiscal years 2020 and 2021''. +SEC. 8103. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this division, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary @@ -65259,32 +70779,28 @@ Effects of PAYGO Legislation'' for this division, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - -SEC. 8004. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL - NATIONAL SECURITY CUTTER. - +SEC. 8104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL +NATIONAL SECURITY CUTTER. (a) In General.--Of the amounts authorized to be appropriated by-- - (1) section 4902(2)(A)(i) of title 14, United States Code, - as amended by section 8001 of this division, $100,000,000 for - fiscal year 2020; and - (2) section 4902(2)(A)(ii) of title 14, United States Code, - as amended by section 8001 of this division, $550,000,000 for - fiscal year 2021, + (1) section 4902(2)(A)(i) of title 14, United States Code, as + amended by section 8101 of this division, $100,000,000 for fiscal + year 2020; and + (2) section 4902(2)(A)(ii) of title 14, United States Code, as + amended by section 8101 of this division, $550,000,000 for fiscal + year 2021, is authorized for the acquisition of a National Security Cutter. (b) Treatment of Acquired Cutter.--Any cutter acquired using amounts available pursuant to subsection (a) shall be in addition to the National Security Cutters approved under the existing acquisition baseline in the program of record for the National Security Cutter. - -SEC. 8005. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS. - +SEC. 8105. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS. (a) Funding.--Of the amounts authorized to be appropriated by-- - (1) section 4902(2)(A)(i) of title 14, United States Code, - as amended by section 8001 of this division, $135,000,000 for - fiscal year 2020; and - (2) section 4902(2)(A)(ii) of title 14, United States Code, - as amended by section 8001 of this division, $610,000,000 for - fiscal year 2021, + (1) section 4902(2)(A)(i) of title 14, United States Code, as + amended by section 8101 of this division, $135,000,000 for fiscal + year 2020; and + (2) section 4902(2)(A)(ii) of title 14, United States Code, as + amended by section 8101 of this division, $610,000,000 for fiscal + year 2021, is authorized for construction of a Polar Security Cutter. (b) Prohibition on Contracts or Use of Funds for Development of Common Hull Design.--Notwithstanding any other provision of law, the @@ -65292,60 +70808,53 @@ Secretary of the department in which the Coast Guard is operating may not enter into any contract for, and no funds shall be obligated or expended on, the development of a common hull design for medium Polar Security Cutters and Great Lakes icebreakers. - -SEC. 8006. SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES - ICEBREAKER. - +SEC. 8106. SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES +ICEBREAKER. (a) Findings.--The Congress finds the following: - (1) The Great Lakes shipping industry is crucial to the - American economy, including the United States manufacturing - base, providing important economic and national security - benefits. - (2) A recent study found that the Great Lakes shipping - industry supports 237,000 jobs and tens of billions of dollars - in economic activity. - (3) United States Coast Guard icebreaking capacity is - crucial to full utilization of the Great Lakes shipping system, - as during the winter icebreaking season up to 15 percent of - annual cargo loads are delivered, and many industries would - have to reduce their production if Coast Guard icebreaking - services were not provided. - (4) Six of the Coast Guard's nine icebreaking cutters in - the Great Lakes are more than 30 years old and are frequently - inoperable during the winter icebreaking season, including - those that have completed a recent service life extension - program. - (5) During the previous 10 winters, Coast Guard Great Lakes - icebreaking cutters have been inoperable for an average of 65 - cutter-days during the winter icebreaking season, with this - annual lost capability exceeding 100 cutter days, with a high - of 246 cutter days during the winter of 2017-2018. - (6) The 2019 ice season provides further proof that current - Coast Guard icebreaking capacity is inadequate for the needs of - the Great Lakes shipping industry, as only six of the nine - icebreaking cutters are operational, and millions of tons of - cargo was not loaded or was delayed due to inadequate Coast - Guard icebreaking assets during a historically average winter - for Great Lakes ice coverage. - (7) The Congress has authorized the Coast Guard to acquire - a new Great Lakes icebreaker as capable as Coast Guard Cutter - Mackinaw (WLBB-30), the most capable Great Lakes icebreaker, - and $10 million has been appropriated to fund the design and - initial acquisition work for this icebreaker. - (8) The Coast Guard has not initiated a new acquisition - program for this Great Lakes icebreaker. + (1) The Great Lakes shipping industry is crucial to the + American economy, including the United States manufacturing base, + providing important economic and national security benefits. + (2) A recent study found that the Great Lakes shipping industry + supports 237,000 jobs and tens of billions of dollars in economic + activity. + (3) United States Coast Guard icebreaking capacity is crucial + to full utilization of the Great Lakes shipping system, as during + the winter icebreaking season up to 15 percent of annual cargo + loads are delivered, and many industries would have to reduce their + production if Coast Guard icebreaking services were not provided. + (4) 6 of the Coast Guard's 9 icebreaking cutters in the Great + Lakes are more than 30 years old and are frequently inoperable + during the winter icebreaking season, including those that have + completed a recent service life extension program. + (5) During the previous 10 winters, Coast Guard Great Lakes + icebreaking cutters have been inoperable for an average of 65 + cutter-days during the winter icebreaking season, with this annual + lost capability exceeding 100 cutter days, with a high of 246 + cutter days during the winter of 2017-2018. + (6) The 2019 ice season provides further proof that current + Coast Guard icebreaking capacity is inadequate for the needs of the + Great Lakes shipping industry, as only 6 of the 9 icebreaking + cutters are operational, and millions of tons of cargo was not + loaded or was delayed due to inadequate Coast Guard icebreaking + assets during a historically average winter for Great Lakes ice + coverage. + (7) The Congress has authorized the Coast Guard to acquire a + new Great Lakes icebreaker as capable as Coast Guard Cutter + Mackinaw (WLBB-30), the most capable Great Lakes icebreaker, and + $10 million has been appropriated to fund the design and initial + acquisition work for this icebreaker. + (8) The Coast Guard has not initiated a new acquisition program + for this Great Lakes icebreaker. (b) Sense of the Congress.--It is the sense of the Congress of the United States that a new Coast Guard icebreaker as capable as Coast Guard Cutter Mackinaw (WLBB-30) is needed on the Great Lakes, and the Coast Guard should acquire this icebreaker as soon as possible. - -SEC. 8007. PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER. - +SEC. 8107. PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER. (a) In General.--Of the amounts authorized to be appropriated by section 4902(2)(A)(ii) of title 14, United States Code, as amended by -section 8001 of this division, $160,000,000 for fiscal year 2021 is +section 8101 of this division, $160,000,000 for fiscal year 2021 is authorized for the acquisition of a Great Lakes icebreaker at least as -capable as USCGC Mackinaw (WLBB-30). +capable as Coast Guard Cutter Mackinaw (WLBB-30). (b) Report.--Not later than 30 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on @@ -65353,62 +70862,52 @@ Transportation and Infrastructure of the House of Representatives a plan for acquiring an icebreaker as required by section 820(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115- 282). - -SEC. 8008. POLAR SECURITY CUTTER ACQUISITION REPORT. - +SEC. 8108. POLAR SECURITY CUTTER ACQUISITION REPORT. Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Armed Services of the Senate a report on-- - (1) the extent to which specifications, key drawings, and - detail design for the Polar Security Cutter are complete before - the start of construction; - (2) the extent to which Polar Security Cutter hulls numbers - one, two, and three are science ready; and - (3) what actions will be taken to ensure that Polar - Security Cutter hull number four is science capable, as - described in the National Academies of Sciences, Engineering, - and Medicine's Committee on Polar Icebreaker Cost Assessment - letter report entitled ``Acquisition and Operation of Polar - Icebreakers: Fulfilling the Nation's Needs'' and dated July 11, - 2017. - -SEC. 8009. SHORESIDE INFRASTRUCTURE. - + (1) the extent to which specifications, key drawings, and + detail design for the Polar Security Cutter are complete before the + start of construction; + (2) the extent to which Polar Security Cutter hulls numbers + one, two, and three are science ready; and + (3) what actions will be taken to ensure that Polar Security + Cutter hull number four is science capable, as described in the + National Academies of Sciences, Engineering, and Medicine's + Committee on Polar Icebreaker Cost Assessment letter report + entitled ``Acquisition and Operation of Polar Icebreakers: + Fulfilling the Nation's Needs'' and dated July 11, 2017. +SEC. 8109. SHORESIDE INFRASTRUCTURE. Of the amounts authorized to be appropriated by section 4902(2)(A) -of title 14, United States Code, as amended by section 8001 of this +of title 14, United States Code, as amended by section 8101 of this division, for each of fiscal years 2020 and 2021, $167,500,000 is authorized for the Secretary of the department in which the Coast Guard is operating to fund the acquisition, construction, rebuilding, or improvement of the Coast Guard shoreside infrastructure and facilities necessary to support Coast Guard operations and readiness. - -SEC. 8010. MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE. - +SEC. 8110. MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE. Of the amounts authorized to be appropriated by section 4902(2)(A)(ii) of title 14, United States Code, as amended by section -8001 of this division, $105,000,000 is authorized for the hangar +8101 of this division, $105,000,000 is authorized for the hangar replacement listed in the fiscal year 2020 Unfunded Priority List. - -SEC. 8011. POLAR ICEBREAKERS. - +SEC. 8111. POLAR ICEBREAKERS. (a) In General.--Section 561 of title 14, United States Code, is amended to read as follows: ``Sec. 561. Icebreaking in polar regions ``(a) Procurement Authority.-- - ``(1) In general.--The Secretary may enter into one or more - contracts for the procurement of-- - ``(A) the Polar Security Cutters approved as part - of a major acquisition program as of November 1, 2019; - and - ``(B) 3 additional Polar Security Cutters. - ``(2) Condition for out-year contract payments.--A contract - entered into under paragraph (1) shall provide that any - obligation of the United States to make a payment under the - contract during a fiscal year after fiscal year 2019 is subject - to the availability of appropriations or funds for that purpose - for such later fiscal year. + ``(1) In general.--The Secretary may enter into one or more + contracts for the procurement of-- + ``(A) the Polar Security Cutters approved as part of a + major acquisition program as of November 1, 2019; and + ``(B) 3 additional Polar Security Cutters. + ``(2) Condition for out-year contract payments.--A contract + entered into under paragraph (1) shall provide that any obligation + of the United States to make a payment under the contract during a + fiscal year after fiscal year 2019 is subject to the availability + of appropriations or funds for that purpose for such later fiscal + year. ``(b) Planning.--The Secretary shall facilitate planning for the design, procurement, maintenance, deployment, and operation of icebreakers as needed to support the statutory missions of the Coast @@ -65422,101 +70921,207 @@ costs of the Polar Star, Healy, or any other Polar Security Cutter from other Federal agencies and entities, including foreign countries, that benefit from the use of those vessels. ``(d) Restriction.-- - ``(1) In general.--The Commandant may not-- - ``(A) transfer, relinquish ownership of, dismantle, - or recycle the Polar Sea or Polar Star; - ``(B) change the current homeport of the Polar Sea - or Polar Star; or - ``(C) expend any funds-- - ``(i) for any expenses directly or - indirectly associated with the decommissioning - of the Polar Sea or Polar Star, including - expenses for dock use or other goods and - services; - ``(ii) for any personnel expenses directly - or indirectly associated with the - decommissioning of the Polar Sea or Polar Star, - including expenses for a decommissioning - officer; - ``(iii) for any expenses associated with a - decommissioning ceremony for the Polar Sea or - Polar Star; - ``(iv) to appoint a decommissioning officer - to be affiliated with the Polar Sea or Polar - Star; or - ``(v) to place the Polar Sea or Polar Star - in inactive status. - ``(2) Sunset.--This subsection shall cease to have effect - on September 30, 2022. + ``(1) In general.--The Commandant may not-- + ``(A) transfer, relinquish ownership of, dismantle, or + recycle the Polar Sea or Polar Star; + ``(B) change the current homeport of the Polar Sea or Polar + Star; or + ``(C) expend any funds-- + ``(i) for any expenses directly or indirectly + associated with the decommissioning of the Polar Sea or + Polar Star, including expenses for dock use or other goods + and services; + ``(ii) for any personnel expenses directly or + indirectly associated with the decommissioning of the Polar + Sea or Polar Star, including expenses for a decommissioning + officer; + ``(iii) for any expenses associated with a + decommissioning ceremony for the Polar Sea or Polar Star; + ``(iv) to appoint a decommissioning officer to be + affiliated with the Polar Sea or Polar Star; or + ``(v) to place the Polar Sea or Polar Star in inactive + status. + ``(2) Sunset.--This subsection shall cease to have effect on + September 30, 2022. ``(e) Limitation.-- - ``(1) In general.--The Secretary may not expend amounts - appropriated for the Coast Guard for any of fiscal years 2015 - through 2024, for-- - ``(A) design activities related to a capability of - a Polar Security Cutter that is based solely on an - operational requirement of a Federal department or - agency other than the Coast Guard, except for amounts - appropriated for design activities for a fiscal year - before fiscal year 2016; or - ``(B) long-lead-time materials, production, or - postdelivery activities related to such a capability. - ``(2) Other amounts.--Amounts made available to the - Secretary under an agreement with a Federal department or - agency other than the Coast Guard and expended on a capability - of a Polar Security Cutter that is based solely on an - operational requirement of such Federal department or agency - shall not be treated as amounts expended by the Secretary for - purposes of the limitation under paragraph (1). + ``(1) In general.--The Secretary may not expend amounts + appropriated for the Coast Guard for any of fiscal years 2015 + through 2024, for-- + ``(A) design activities related to a capability of a Polar + Security Cutter that is based solely on an operational + requirement of a Federal department or agency other than the + Coast Guard, except for amounts appropriated for design + activities for a fiscal year before fiscal year 2016; or + ``(B) long-lead-time materials, production, or postdelivery + activities related to such a capability. + ``(2) Other amounts.--Amounts made available to the Secretary + under an agreement with a Federal department or agency other than + the Coast Guard and expended on a capability of a Polar Security + Cutter that is based solely on an operational requirement of such + Federal department or agency shall not be treated as amounts + expended by the Secretary for purposes of the limitation under + paragraph (1). ``(f) Enhanced Maintenance Program for the Polar Star.-- - ``(1) In general.--Subject to the availability of - appropriations, the Commandant shall conduct an enhanced - maintenance program on the Polar Star to extend the service - life of such vessel until at least December 31, 2025. - ``(2) Authorization of appropriations.--The Commandant may - use funds made available pursuant to section 4902(1)(A), to - carry out this subsection. + ``(1) In general.--Subject to the availability of + appropriations, the Commandant shall conduct an enhanced + maintenance program on the Polar Star to extend the service life of + such vessel until at least December 31, 2025. + ``(2) Authorization of appropriations.--The Commandant may use + funds made available pursuant to section 4902(1)(A), to carry out + this subsection. ``(g) Definitions.--In this section: - ``(1) Polar sea.--The term `Polar Sea' means Coast Guard - Cutter Polar Sea (WAGB 11). - ``(2) Polar star.--The term `Polar Star' means Coast Guard - Cutter Polar Star (WAGB 10). - ``(3) Healy.--The term `Healy' means Coast Guard Cutter - Healy (WAGB 20).''. + ``(1) Polar sea.--The term `Polar Sea' means Coast Guard Cutter + Polar Sea (WAGB 11). + ``(2) Polar star.--The term `Polar Star' means Coast Guard + Cutter Polar Star (WAGB 10). + ``(3) Healy.--The term `Healy' means Coast Guard Cutter Healy + (WAGB 20).''. (b) Contracting for Major Acquisitions Programs.--Section 1137(a) of title 14, United States Code, is amended by inserting ``and 3 Polar Security Cutters in addition to those approved as part of a major acquisition program on November 1, 2019'' before the period at the end. (c) Repeals.-- - (1) Coast guard and maritime transportation act of 2006.-- - Section 210 of the Coast Guard and Maritime Transportation Act - of 2006 (14 U.S.C. 504 note) is repealed. - (2) Coast guard and maritime transportation act of 2012.-- - Section 222 of the Coast Guard and Maritime Transportation Act - of 2012 (Public Law 112-213) is repealed. - (3) Howard coble coast guard and maritime transportation - act of 2014.--Section 505 of the Howard Coble Coast Guard and - Maritime Transportation Act of 2014 (Public Law 113-281) is - repealed. - (4) Frank lobiondo coast guard authorization act of 2018.-- - Section 821 of the Frank LoBiondo Coast Guard Authorization Act - of 2018 (Public Law 115-282) is repealed. - -SEC. 8012. ACQUISITION OF FAST RESPONSE CUTTER. - + (1) Coast guard and maritime transportation act of 2006.-- + Section 210 of the Coast Guard and Maritime Transportation Act of + 2006 (14 U.S.C. 504 note) is repealed. + (2) Coast guard and maritime transportation act of 2012.-- + Section 222 of the Coast Guard and Maritime Transportation Act of + 2012 (Public Law 112-213) is repealed. + (3) Howard coble coast guard and maritime transportation act of + 2014.--Section 505 of the Howard Coble Coast Guard and Maritime + Transportation Act of 2014 (Public Law 113-281) is repealed. + (4) Frank lobiondo coast guard authorization act of 2018.-- + Section 821 of the Frank LoBiondo Coast Guard Authorization Act of + 2018 (Public Law 115-282) is repealed. +SEC. 8112. ACQUISITION OF FAST RESPONSE CUTTER. (a) In General.--Of the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by -section 8001 of this division, $265,000,000 for fiscal year 2021 shall +section 8101 of this division, $265,000,000 for fiscal year 2021 shall be made available for the acquisition of four Fast Responses Cutters. (b) Treatment of Acquired Cutters.--Any cutter acquired pursuant to subsection (a) shall be in addition to the 58 cutters approved under the existing acquisition baseline. - TITLE II--COAST GUARD + TITLE LVXXXII--COAST GUARD Subtitle A--Military Personnel Matters -SEC. 9101. GRADE ON RETIREMENT. +Sec. 8201. Grade on retirement. +Sec. 8202. Authority for officers to opt out of promotion board + consideration. +Sec. 8203. Temporary promotion authority for officers in certain grades + with critical skills. +Sec. 8204. Career intermission program. +Sec. 8205. Direct commissioning authority for individuals with critical + skills. +Sec. 8206. Employment assistance. + + Subtitle B--Organization and Management Matters + +Sec. 8211. Congressional affairs; Director. +Sec. 8212. Limitations on claims. +Sec. 8213. Renewal of temporary early retirement authority. +Sec. 8214. Major acquisitions; operation and sustainment costs. +Sec. 8215. Support of women serving in the Coast Guard. +Sec. 8216. Disposition of infrastructure related to E-LORAN. +Sec. 8217. Positions of importance and responsibility. +Sec. 8218. Research projects; transactions other than contracts and + grants. +Sec. 8219. Acquisition workforce authorities. +Sec. 8220. Vessel conversion, alteration, and repair projects. +Sec. 8221. Modification of acquisition process and procedures. +Sec. 8222. Establishment and purpose of Fund; definition. +Sec. 8223. Payments from Fund. +Sec. 8224. Determination of contributions to Fund. +Sec. 8225. Payments into Fund. + + Subtitle C--Access to Child Care for Coast Guard Families + +Sec. 8231. Report on child care and school-age care assistance for + qualified families. +Sec. 8232. Review of family support services website and online tracking + system. +Sec. 8233. Study and survey on Coast Guard child care needs. +Sec. 8234. Pilot program to expand access to child care. +Sec. 8235. Improvements to Coast Guard-owned family housing. +Sec. 8236. Briefing on transfer of family child care provider + qualifications and certifications. +Sec. 8237. Inspections of Coast Guard child development centers and + family child care providers. +Sec. 8238. Expanding opportunities for family child care. +Sec. 8239. Definitions. + + Subtitle D--Reports + +Sec. 8240. Modifications of certain reporting requirements. +Sec. 8241. Report on cybersecurity workforce. +Sec. 8242. Report on navigation and bridge resource management. +Sec. 8243. Report on helicopter life-cycle support and recapitalization. +Sec. 8244. Report on Coast Guard response capabilities for cyber + incidents on vessels entering ports or waters of the United + States. +Sec. 8245. Study and report on Coast Guard interdiction of illicit drugs + in transit zones. +Sec. 8246. Report on liability limits set in section 1004 of the Oil + Pollution Act of 1990. +Sec. 8247. Report on Coast Guard defense readiness resources allocation. +Sec. 8248. Report on the feasibility of liquefied natural gas fueled + vessels. +Sec. 8249. Coast Guard authorities study. +Sec. 8250. Report on effects of climate change on Coast Guard. +Sec. 8251. Shore infrastructure. +Sec. 8252. Coast Guard housing; status and authorities briefing. +Sec. 8253. Physical access control system report. +Sec. 8254. Study on Certificate of Compliance inspection program with + respect to vessels that carry bulk liquefied gases as cargo + and liquefied natural gas tank vessels. +Sec. 8255. Comptroller General of the United States review and report on + Coast Guard's International Port Security Program. +Sec. 8256. Comptroller General of the United States review and report on + surge capacity of the Coast Guard. +Sec. 8257. Comptroller General of the United States review and report on + marine inspections program of Coast Guard. +Sec. 8258. Comptroller General of the United States review and report on + information technology program of Coast Guard. +Sec. 8259. Comptroller General of the United States study and report on + access to health care by members of Coast Guard and + dependents. +Sec. 8260. Comptroller General of the United States study and report on + medical staffing standards and needs for Coast Guard. +Sec. 8261. Report on fast response cutters, offshore patrol cutters, and + national security cutters. + + Subtitle E--Coast Guard Academy Improvement Act + +Sec. 8271. Short title. +Sec. 8272. Coast Guard Academy study. +Sec. 8273. Annual report. +Sec. 8274. Assessment of Coast Guard Academy admission processes. +Sec. 8275. Coast Guard Academy minority outreach team program. +Sec. 8276. Coast Guard college student pre-commissioning initiative. +Sec. 8277. Annual board of visitors. +Sec. 8278. Homeland Security rotational cybersecurity research program + at Coast Guard Academy. + + Subtitle F--Other Matters + +Sec. 9601. Strategy on leadership of Coast Guard. +Sec. 9602. Expedited transfer in cases of sexual assault; dependents of + members of the Coast Guard. +Sec. 9603. Access to resources during creosote-related building closures + at Coast Guard Base Seattle, Washington. +Sec. 9604. Southern resident orca conservation and enforcement. +Sec. 9605. Sense of Congress and report on implementation of policy on + issuance of warrants and subpoenas and whistleblower + protections by agents of the Coast Guard Investigative + Service. +Sec. 9606. Inspector General report on access to Equal Opportunity + Advisors and Equal Employment Opportunity Specialists. +Sec. 9607. Insider Threat Program. + + Subtitle A--Military Personnel Matters +SEC. 8201. GRADE ON RETIREMENT. (a) Retirement of Commandant or Vice Commandant.--Section 303 of title 14, United States Code, is amended by adding at the end the following: @@ -65524,107 +71129,101 @@ following: of this title.''. (b) Retirement.--Section 306 of title 14, United States Code, is amended-- - (1) in subsection (a), by inserting ``satisfactorily, as - determined under section 2501 of this title'' before the - period; - (2) in subsection (b), by inserting ``satisfactorily, as - determined under section 2501 of this title'' before the - period; and - (3) in subsection (c), by inserting ``if performance of - duties in such grade is determined to have been satisfactory - pursuant to section 2501 of this title'' before the period. + (1) in subsection (a), by inserting ``satisfactorily, as + determined under section 2501 of this title'' before the period; + (2) in subsection (b), by inserting ``satisfactorily, as + determined under section 2501 of this title'' before the period; + and + (3) in subsection (c), by inserting ``if performance of duties + in such grade is determined to have been satisfactory pursuant to + section 2501 of this title'' before the period. (c) Grade on Retirement.--Section 2501 of title 14, United States Code, is amended-- - (1) in subsection (a)-- - (A) by striking ``Any commissioned officer, other - than a commissioned warrant officer,'' and inserting - ``Commissioned Officers.-- - ``(1) In general.--A commissioned officer''; - (B) by striking ``him'' and inserting ``the - commissioned officer''; - (C) by striking ``his'' and inserting ``the - commissioned officer's''; and - (D) by adding at the end the following: - ``(2) Conditional determination.--When a commissioned - officer is under investigation for alleged misconduct at the - time of retirement-- - ``(A) the Secretary may conditionally determine the - highest grade of satisfactory service of the - commissioned officer pending completion of the - investigation; and - ``(B) the grade under subparagraph (A) is subject - to resolution under subsection (c)(2).''; - (2) in subsection (b)-- - (A) by inserting ``Warrant Officers.--'' after - ``(b)''; - (B) by striking ``him'' and inserting ``the warrant - officer''; and - (C) by striking ``his'' and inserting ``the warrant - officer's''; and - (3) by adding at the end the following: + (1) in subsection (a)-- + (A) by striking ``Any commissioned officer, other than a + commissioned warrant officer,'' and inserting ``Commissioned + Officers.-- + ``(1) In general.--A commissioned officer''; + (B) by striking ``him'' and inserting ``the commissioned + officer''; + (C) by striking ``his'' and inserting ``the commissioned + officer's''; and + (D) by adding at the end the following: + ``(2) Conditional determination.--When a commissioned officer + is under investigation for alleged misconduct at the time of + retirement-- + ``(A) the Secretary may conditionally determine the highest + grade of satisfactory service of the commissioned officer + pending completion of the investigation; and + ``(B) the grade under subparagraph (A) is subject to + resolution under subsection (c)(2).''; + (2) in subsection (b)-- + (A) by inserting ``Warrant Officers.--'' after ``(b)''; + (B) by striking ``him'' and inserting ``the warrant + officer''; and + (C) by striking ``his'' and inserting ``the warrant + officer's''; and + (3) by adding at the end the following: ``(c) Retirement in Lower Grade.-- - ``(1) Misconduct in lower grade.--In the case of a - commissioned officer whom the Secretary determines committed - misconduct in a lower grade, the Secretary may determine the - commissioned officer has not served satisfactorily in any grade - equal to or higher than that lower grade. - ``(2) Adverse findings.--A determination of the retired - grade of a commissioned officer shall be resolved following a - conditional determination under subsection (a)(2) if the - investigation of or personnel action against the commissioned - officer results in adverse findings. - ``(3) Recalculation of retired pay.--If the retired grade - of a commissioned officer is reduced pursuant to this - subsection, the retired pay of the commissioned officer shall - be recalculated under chapter 71 of title 10, and any - modification of the retired pay of the commissioned officer - shall go into effect on the effective date of the reduction in - retired grade. + ``(1) Misconduct in lower grade.--In the case of a commissioned + officer whom the Secretary determines committed misconduct in a + lower grade, the Secretary may determine the commissioned officer + has not served satisfactorily in any grade equal to or higher than + that lower grade. + ``(2) Adverse findings.--A determination of the retired grade + of a commissioned officer shall be resolved following a conditional + determination under subsection (a)(2) if the investigation of or + personnel action against the commissioned officer results in + adverse findings. + ``(3) Recalculation of retired pay.--If the retired grade of a + commissioned officer is reduced pursuant to this subsection, the + retired pay of the commissioned officer shall be recalculated under + chapter 71 of title 10, and any modification of the retired pay of + the commissioned officer shall go into effect on the effective date + of the reduction in retired grade. ``(d) Finality of Retired Grade Determinations.-- - ``(1) In general.--Except as provided in paragraph (2), a - determination of the retired grade of a commissioned officer - under this section is administratively final on the day the - commissioned officer is retired, and may not be reopened. - ``(2) Reopening determinations.--A determination of the - retired grade of a commissioned officer may be reopened if-- - ``(A) the retirement or retired grade of the - commissioned officer was procured by fraud; - ``(B) substantial evidence comes to light after the - retirement that could have led to a lower retired grade - under this section and such evidence was known by - competent authority at the time of retirement; - ``(C) a mistake of law or calculation was made in - the determination of the retired grade; - ``(D) in the case of a retired grade following a - conditional determination under subsection (a)(2), the - investigation of or personnel action against the - commissioned officer results in adverse findings; or - ``(E) the Secretary determines, under regulations - prescribed by the Secretary, that good cause exists to - reopen the determination. - ``(3) Requirements.--If a determination of the retired - grade of a commissioned officer is reopened under paragraph - (2), the Secretary-- - ``(A) shall notify the commissioned officer of the - reopening; and - ``(B) may not make an adverse determination on the - retired grade of the commissioned officer until the - commissioned officer has had a reasonable opportunity - to respond regarding the basis of the reopening. - ``(4) Recalculation of retired pay.--If the retired grade - of a commissioned officer is reduced through the reopening of - the commissioned officer's retired grade under paragraph (2), - the retired pay of the commissioned officer shall be - recalculated under chapter 71 of title 10, and any modification - of the retired pay of the commissioned officer shall go into - effect on the effective date of the reduction in retired grade. + ``(1) In general.--Except as provided in paragraph (2), a + determination of the retired grade of a commissioned officer under + this section is administratively final on the day the commissioned + officer is retired, and may not be reopened. + ``(2) Reopening determinations.--A determination of the retired + grade of a commissioned officer may be reopened if-- + ``(A) the retirement or retired grade of the commissioned + officer was procured by fraud; + ``(B) substantial evidence comes to light after the + retirement that could have led to a lower retired grade under + this section and such evidence was not known by competent + authority at the time of retirement; + ``(C) a mistake of law or calculation was made in the + determination of the retired grade; + ``(D) in the case of a retired grade following a + conditional determination under subsection (a)(2), the + investigation of or personnel action against the commissioned + officer results in adverse findings; or + ``(E) the Secretary determines, under regulations + prescribed by the Secretary, that good cause exists to reopen + the determination. + ``(3) Requirements.--If a determination of the retired grade of + a commissioned officer is reopened under paragraph (2), the + Secretary-- + ``(A) shall notify the commissioned officer of the + reopening; and + ``(B) may not make an adverse determination on the retired + grade of the commissioned officer until the commissioned + officer has had a reasonable opportunity to respond regarding + the basis of the reopening. + ``(4) Recalculation of retired pay.--If the retired grade of a + commissioned officer is reduced through the reopening of the + commissioned officer's retired grade under paragraph (2), the + retired pay of the commissioned officer shall be recalculated under + chapter 71 of title 10, and any modification of the retired pay of + the commissioned officer shall go into effect on the effective date + of the reduction in retired grade. ``(e) Inapplicability to Commissioned Warrant Officers.--This section, including subsection (b), shall not apply to commissioned warrant officers.''. - -SEC. 9102. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD - CONSIDERATION. - +SEC. 8202. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD +CONSIDERATION. (a) Eligibility of Officers for Consideration for Promotion.-- Section 2113 of title 14, United States Code, is amended by adding at the end the following: @@ -65634,17 +71233,17 @@ of the Commandant, be excluded from consideration by a selection board convened under section 2106. ``(2) The Commandant shall approve a request under paragraph (1) only if-- - ``(A) the basis for the request is to allow the officer to - complete a broadening assignment, advanced education, another - assignment of significant value to the Coast Guard, a career - progression requirement delayed by the assignment or education, - or a qualifying personal or professional circumstance, as - determined by the Commandant; - ``(B) the Commandant determines the exclusion from - consideration is in the best interest of the Coast Guard; and - ``(C) the officer has not previously failed of selection - for promotion to the grade for which the officer requests the - exclusion from consideration.''. + ``(A) the basis for the request is to allow the officer to + complete a broadening assignment, advanced education, another + assignment of significant value to the Coast Guard, a career + progression requirement delayed by the assignment or education, or + a qualifying personal or professional circumstance, as determined + by the Commandant; + ``(B) the Commandant determines the exclusion from + consideration is in the best interest of the Coast Guard; and + ``(C) the officer has not previously failed of selection for + promotion to the grade for which the officer requests the exclusion + from consideration.''. (b) Eligibility of Reserve Officer for Promotion.--Section 3743 of title 14, United States Code, is amended to read as follows: ``Sec. 3743. Eligibility for promotion @@ -65656,35 +71255,30 @@ recommended for retention in an active status by a board convened under subsection 3752(a) of this title is not eligible for consideration for promotion. ``(c) Request for Exclusion.-- - ``(1) In general.--The Commandant may provide that an - officer may, upon the officer's request and with the approval - of the Commandant, be excluded from consideration by a - selection board convened under section 3740(b) of this title to - consider officers for promotion to the next higher grade. - ``(2) Approval of request.--The Commandant shall approve a - request under paragraph (1) only if-- - ``(A) the basis for the request is to allow an - officer to complete a broadening assignment, advanced - education, another assignment of significant value to - the Coast Guard, a career progression requirement - delayed by the assignment or education, or a qualifying - personal or professional circumstance, as determined by - the Commandant; - ``(B) the Commandant determines the exclusion from - consideration is in the best interest of the Coast - Guard; and - ``(C) the officer has not previously failed of - selection for promotion to the grade for which the - officer requests the exclusion from consideration.''. - -SEC. 9103. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES - WITH CRITICAL SKILLS. - + ``(1) In general.--The Commandant may provide that an officer + may, upon the officer's request and with the approval of the + Commandant, be excluded from consideration by a selection board + convened under section 3740(b) of this title to consider officers + for promotion to the next higher grade. + ``(2) Approval of request.--The Commandant shall approve a + request under paragraph (1) only if-- + ``(A) the basis for the request is to allow an officer to + complete a broadening assignment, advanced education, another + assignment of significant value to the Coast Guard, a career + progression requirement delayed by the assignment or education, + or a qualifying personal or professional circumstance, as + determined by the Commandant; + ``(B) the Commandant determines the exclusion from + consideration is in the best interest of the Coast Guard; and + ``(C) the officer has not previously failed of selection + for promotion to the grade for which the officer requests the + exclusion from consideration.''. +SEC. 8203. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES +WITH CRITICAL SKILLS. (a) In General.--Subchapter I of chapter 21 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 2130. Promotion to certain grades for officers with critical - skills: captain, commander, lieutenant commander, - lieutenant + skills: captain, commander, lieutenant commander, lieutenant ``(a) In General.--An officer in the grade of lieutenant (junior grade), lieutenant, lieutenant commander, or commander who is described in subsection (b) may be temporarily promoted to the grade of @@ -65694,23 +71288,23 @@ section shall be made by the President, by and with the advice and consent of the Senate. ``(b) Covered Officers.--An officer described in this subsection is any officer in a grade specified in subsection (a) who-- - ``(1) has a skill in which the Coast Guard has a critical - shortage of personnel (as determined by the Secretary); and - ``(2) is serving in a position (as determined by the - Secretary) that-- - ``(A) is designated to be held by a lieutenant, - lieutenant commander, commander, or captain; and - ``(B) requires that an officer serving in such - position have the skill possessed by such officer. + ``(1) has a skill in which the Coast Guard has a critical + shortage of personnel (as determined by the Secretary); and + ``(2) is serving in a position (as determined by the Secretary) + that-- + ``(A) is designated to be held by a lieutenant, lieutenant + commander, commander, or captain; and + ``(B) requires that an officer serving in such position + have the skill possessed by such officer. ``(c) Preservation of Position and Status of Officers Appointed.-- - ``(1) The temporary positions authorized under this section - shall not be counted among or included in the list of positions - on the active duty promotion list. - ``(2) An appointment under this section does not change the - position on the active duty list or the permanent, - probationary, or acting status of the officer so appointed, - prejudice the officer in regard to other promotions or - appointments, or abridge the rights or benefits of the officer. + ``(1) The temporary positions authorized under this section + shall not be counted among or included in the list of positions on + the active duty promotion list. + ``(2) An appointment under this section does not change the + position on the active duty list or the permanent, probationary, or + acting status of the officer so appointed, prejudice the officer in + regard to other promotions or appointments, or abridge the rights + or benefits of the officer. ``(d) Board Recommendation Required.--A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary for the purpose of recommending @@ -65723,251 +71317,223 @@ of the grade of the temporary promotion under this section beginning on the date the appointment is made. ``(f) Termination of Appointment.--Unless sooner terminated, an appointment under this section terminates-- - ``(1) on the date the officer who received the appointment - is promoted to the permanent grade of lieutenant, lieutenant - commander, commander, or captain; - ``(2) on the date the officer is detached from a position - described in subsection (b)(2), unless the officer is on a - promotion list to the permanent grade of lieutenant, lieutenant - commander, commander, or captain, in which case the appointment - terminates on the date the officer is promoted to that grade; - ``(3) when the appointment officer determines that the - officer who received the appointment has engaged in misconduct - or has displayed substandard performance; or - ``(4) when otherwise determined by the Commandant to be in - the best interests of the Coast Guard. + ``(1) on the date the officer who received the appointment is + promoted to the permanent grade of lieutenant, lieutenant + commander, commander, or captain; + ``(2) on the date the officer is detached from a position + described in subsection (b)(2), unless the officer is on a + promotion list to the permanent grade of lieutenant, lieutenant + commander, commander, or captain, in which case the appointment + terminates on the date the officer is promoted to that grade; + ``(3) when the appointment officer determines that the officer + who received the appointment has engaged in misconduct or has + displayed substandard performance; or + ``(4) when otherwise determined by the Commandant to be in the + best interests of the Coast Guard. ``(g) Limitation on Number of Eligible Positions.--An appointment under this section may only be made for service in a position designated by the Secretary for the purposes of this section. The number of positions so designated may not exceed the following percentages of the respective grades: - ``(1) As lieutenant, 0.5 percent. - ``(2) As lieutenant commander, 3.0 percent. - ``(3) As commander, 2.6 percent. - ``(4) As captain, 2.6 percent.''. + ``(1) As lieutenant, 0.5 percent. + ``(2) As lieutenant commander, 3.0 percent. + ``(3) As commander, 2.6 percent. + ``(4) As captain, 2.6 percent.''. (b) Clerical Amendment.--The analysis for subchapter I of chapter 21 of title 14, United States Code, is amended by adding at the end the following: ``2130. Promotion to certain grades for officers with critical skills: - captain, commander, lieutenant commander, - lieutenant.''. - -SEC. 9104. CAREER INTERMISSION PROGRAM. - + captain, commander, lieutenant commander, lieutenant.''. +SEC. 8204. CAREER INTERMISSION PROGRAM. (a) In General.--Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 2514. Career flexibility to enhance retention of members ``(a) Programs Authorized.--The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active -service in order to meet personal or professional needs and returned to -active service at the end of such period of inactivation from active -service. - ``(b) Period of Inactivation From Active Service; Effect of +duty in order to meet personal or professional needs and returned to +active duty at the end of such period of inactivation from active duty. + ``(b) Period of Inactivation From Active Duty; Effect of Inactivation.-- - ``(1) In general.--The period of inactivation from active - service under a program under this section of a member - participating in the program shall be such period as the - Commandant shall specify in the agreement of the member under - subsection (c), except that such period may not exceed 3 years. - ``(2) Exclusion from years of service.--Any service by a - Reserve officer while participating in a program under this - section shall be excluded from computation of the total years - of service of that officer pursuant to section 14706(a) of - title 10. - ``(3) Exclusion from retirement.--Any period of - participation of a member in a program under this section shall - not count toward-- - ``(A) eligibility for retirement or transfer to the - Ready Reserve under either chapter 841 or 1223 of title - 10; or - ``(B) computation of retired or retainer pay under - chapter 71 or 1223 of title 10. + ``(1) In general.--The period of inactivation from active duty + under a program under this section of a member participating in the + program shall be such period as the Commandant shall specify in the + agreement of the member under subsection (c), except that such + period may not exceed 3 years. + ``(2) Exclusion from years of service.--Any service by a + Reserve officer while participating in a program under this section + shall be excluded from computation of the total years of service of + that officer pursuant to section 14706(a) of title 10. + ``(3) Exclusion from retirement.--Any period of participation + of a member in a program under this section shall not count + toward-- + ``(A) eligibility for retirement or transfer to the Ready + Reserve under either chapter 841 or 1223 of title 10; or + ``(B) computation of retired or retainer pay under chapter + 71 or 1223 of title 10. ``(c) Agreement.--Each member of the Coast Guard who participates in a program under this section shall enter into a written agreement with the Commandant under which that member shall agree as follows: - ``(1) To accept an appointment or enlist, as applicable, - and serve in the Coast Guard Ready Reserve during the period of - the inactivation of the member from active service under the - program. - ``(2) To undergo during the period of the inactivation of - the member from active service under the program such inactive - service training as the Commandant shall require in order to - ensure that the member retains proficiency, at a level - determined by the Commandant to be sufficient, in the military - skills, professional qualifications, and physical readiness of - the member during the inactivation of the member from active - service. - ``(3) Following completion of the period of the - inactivation of the member from active service under the - program, to serve 2 months as a member of the Coast Guard on - active service for each month of the period of the inactivation - of the member from active service under the program. + ``(1) To accept an appointment or enlist, as applicable, and + serve in the Coast Guard Ready Reserve during the period of the + inactivation of the member from active duty under the program. + ``(2) To undergo during the period of the inactivation of the + member from active duty under the program such inactive service + training as the Commandant shall require in order to ensure that + the member retains proficiency, at a level determined by the + Commandant to be sufficient, in the military skills, professional + qualifications, and physical readiness of the member during the + inactivation of the member from active duty. + ``(3) Following completion of the period of the inactivation of + the member from active duty under the program, to serve 2 months as + a member of the Coast Guard on active duty for each month of the + period of the inactivation of the member from active duty under the + program. ``(d) Conditions of Release.--The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such -subsection while the member is released from active service. - ``(e) Order to Active Service.--Under regulations prescribed by the +subsection while the member is released from active duty. + ``(e) Order to Active Duty.--Under regulations prescribed by the Commandant, a member of the Coast Guard participating in a program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to -active service. +active duty. ``(f) Pay and Allowances.-- - ``(1) Basic pay.--During each month of participation in a - program under this section, a member who participates in the - program shall be paid basic pay in an amount equal to two- - thirtieths of the amount of monthly basic pay to which the - member would otherwise be entitled under section 204 of title - 37 as a member of the uniformed services on active service in - the grade and years of service of the member when the member - commences participation in the program. - ``(2) Special or incentive pay or bonus.-- - ``(A) Prohibition.--A member who participates in - such a program shall not, while participating in the - program, be paid any special or incentive pay or bonus - to which the member is otherwise entitled under an - agreement under chapter 5 of title 37 that is in force - when the member commences participation in the program. - ``(B) Not treated as failure to perform services.-- - The inactivation from active service of a member - participating in a program shall not be treated as a - failure of the member to perform any period of service - required of the member in connection with an agreement - for a special or incentive pay or bonus under chapter 5 - of title 37 that is in force when the member commences - participation in the program. - ``(3) Return to active service.-- - ``(A) Special or incentive pay or bonus.--Subject - to subparagraph (B), upon the return of a member to - active service after completion by the member of - participation in a program-- - ``(i) any agreement entered into by the - member under chapter 5 of title 37 for the - payment of a special or incentive pay or bonus - that was in force when the member commenced - participation in the program shall be revived, - with the term of such agreement after revival - being the period of the agreement remaining to - run when the member commenced participation in - the program; and - ``(ii) any special or incentive pay or - bonus shall be payable to the member in - accordance with the terms of the agreement - concerned for the term specified in clause (i). - ``(B) Limitation.-- - ``(i) In general.--Subparagraph (A) shall - not apply to any special or incentive pay or - bonus otherwise covered by such subparagraph - with respect to a member if, at the time of the - return of the member to active service as - described in that subparagraph-- - ``(I) such pay or bonus is no - longer authorized by law; or - ``(II) the member does not satisfy - eligibility criteria for such pay or - bonus as in effect at the time of the - return of the member to active service. - ``(ii) Pay or bonus ceases being - authorized.--Subparagraph (A) shall cease to - apply to any special or incentive pay or bonus - otherwise covered by such subparagraph with - respect to a member if, during the term of the - revived agreement of the member under - subparagraph (A)(i), such pay or bonus ceases - being authorized by law. - ``(C) Repayment.--A member who is ineligible for - payment of a special or incentive pay or bonus - otherwise covered by this paragraph by reason of - subparagraph (B)(i)(II) shall be subject to the - requirements for repayment of such pay or bonus in - accordance with the terms of the applicable agreement - of the member under chapter 5 of title 37. - ``(D) Required service is additional.--Any service - required of a member under an agreement covered by this - paragraph after the member returns to active service as - described in subparagraph (A) shall be in addition to - any service required of the member under an agreement - under subsection (c). - ``(4) Travel and transportation allowance.-- - ``(A) In general.--Subject to subparagraph (B), a - member who participates in a program is entitled, while - participating in the program, to the travel and - transportation allowances authorized by section 474 of - title 37 for-- - ``(i) travel performed from the residence - of the member, at the time of release from - active service to participate in the program, - to the location in the United States designated - by the member as the member's residence during - the period of participation in the program; and - ``(ii) travel performed to the residence of - the member upon return to active service at the - end of the participation of the member in the - program. - ``(B) Single residence.--An allowance is payable - under this paragraph only with respect to travel of a - member to and from a single residence. - ``(5) Leave balance.--A member who participates in a - program is entitled to carry forward the leave balance existing - as of the day on which the member begins participation and - accumulated in accordance with section 701 of title 10, but not - to exceed 60 days. + ``(1) Basic pay.--During each month of participation in a + program under this section, a member who participates in the + program shall be paid basic pay in an amount equal to two- + thirtieths of the amount of monthly basic pay to which the member + would otherwise be entitled under section 204 of title 37 as a + member of the uniformed services on active duty in the grade and + years of service of the member when the member commences + participation in the program. + ``(2) Special or incentive pay or bonus.-- + ``(A) Prohibition.--A member who participates in such a + program shall not, while participating in the program, be paid + any special or incentive pay or bonus to which the member is + otherwise entitled under an agreement under chapter 5 of title + 37 that is in force when the member commences participation in + the program. + ``(B) Not treated as failure to perform services.--The + inactivation from active duty of a member participating in a + program shall not be treated as a failure of the member to + perform any period of service required of the member in + connection with an agreement for a special or incentive pay or + bonus under chapter 5 of title 37 that is in force when the + member commences participation in the program. + ``(3) Return to active duty.-- + ``(A) Special or incentive pay or bonus.--Subject to + subparagraph (B), upon the return of a member to active duty + after completion by the member of participation in a program-- + ``(i) any agreement entered into by the member under + chapter 5 of title 37 for the payment of a special or + incentive pay or bonus that was in force when the member + commenced participation in the program shall be revived, + with the term of such agreement after revival being the + period of the agreement remaining to run when the member + commenced participation in the program; and + ``(ii) any special or incentive pay or bonus shall be + payable to the member in accordance with the terms of the + agreement concerned for the term specified in clause (i). + ``(B) Limitation.-- + ``(i) In general.--Subparagraph (A) shall not apply to + any special or incentive pay or bonus otherwise covered by + such subparagraph with respect to a member if, at the time + of the return of the member to active duty as described in + that subparagraph-- + + ``(I) such pay or bonus is no longer authorized by + law; or + ``(II) the member does not satisfy eligibility + criteria for such pay or bonus as in effect at the time + of the return of the member to active duty. + + ``(ii) Pay or bonus ceases being authorized.-- + Subparagraph (A) shall cease to apply to any special or + incentive pay or bonus otherwise covered by such + subparagraph with respect to a member if, during the term + of the revived agreement of the member under subparagraph + (A)(i), such pay or bonus ceases being authorized by law. + ``(C) Repayment.--A member who is ineligible for payment of + a special or incentive pay or bonus otherwise covered by this + paragraph by reason of subparagraph (B)(i)(II) shall be subject + to the requirements for repayment of such pay or bonus in + accordance with the terms of the applicable agreement of the + member under chapter 5 of title 37. + ``(D) Required service is additional.--Any service required + of a member under an agreement covered by this paragraph after + the member returns to active duty as described in subparagraph + (A) shall be in addition to any service required of the member + under an agreement under subsection (c). + ``(4) Travel and transportation allowance.-- + ``(A) In general.--Subject to subparagraph (B), a member + who participates in a program is entitled, while participating + in the program, to the travel and transportation allowances + authorized by section 474 of title 37 for-- + ``(i) travel performed from the residence of the + member, at the time of release from active duty to + participate in the program, to the location in the United + States designated by the member as the member's residence + during the period of participation in the program; and + ``(ii) travel performed to the residence of the member + upon return to active duty at the end of the participation + of the member in the program. + ``(B) Single residence.--An allowance is payable under this + paragraph only with respect to travel of a member to and from a + single residence. + ``(5) Leave balance.--A member who participates in a program is + entitled to carry forward the leave balance existing as of the day + on which the member begins participation and accumulated in + accordance with section 701 of title 10, but not to exceed 60 days. ``(g) Promotion.-- - ``(1) Officers.-- - ``(A) In general.--An officer participating in a - program under this section shall not, while - participating in the program, be eligible for - consideration for promotion under chapter 21 or 37 of - this title. - ``(B) Return to service.--Upon the return of an - officer to active service after completion by the - officer of participation in a program-- - ``(i) the Commandant may adjust the date of - rank of the officer in such manner as the - Commandant may prescribe in regulations for - purposes of this section; and - ``(ii) the officer shall be eligible for - consideration for promotion when officers of - the same competitive category, grade, and - seniority are eligible for consideration for - promotion. - ``(2) Enlisted members.--An enlisted member participating - in a program under this section shall not be eligible for - consideration for advancement during the period that-- - ``(A) begins on the date of the inactivation of the - member from active service under the program; and - ``(B) ends at such time after the return of the - member to active service under the program that the - member is treatable as eligible for promotion by reason - of time in grade and such other requirements as the - Commandant shall prescribe in regulations for purposes - of the program. + ``(1) Officers.-- + ``(A) In general.--An officer participating in a program + under this section shall not, while participating in the + program, be eligible for consideration for promotion under + chapter 21 or 37 of this title. + ``(B) Return to duty.--Upon the return of an officer to + active duty after completion by the officer of participation in + a program-- + ``(i) the Commandant may adjust the date of rank of the + officer in such manner as the Commandant may prescribe in + regulations for purposes of this section; and + ``(ii) the officer shall be eligible for consideration + for promotion when officers of the same grade and seniority + are eligible for consideration for promotion. + ``(2) Enlisted members.--An enlisted member participating in a + program under this section shall not be eligible for consideration + for advancement during the period that-- + ``(A) begins on the date of the inactivation of the member + from active duty under the program; and + ``(B) ends at such time after the return of the member to + active duty under the program that the member is treatable as + eligible for promotion by reason of time in grade and such + other requirements as the Commandant shall prescribe in + regulations for purposes of the program. ``(h) Continued Entitlements.--A member participating in a program under this section shall, while participating in the program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of-- - ``(1) the entitlement of the member and of the dependents - of the member to medical and dental care under the provisions - of chapter 55 of title 10; and - ``(2) retirement or separation for physical disability - under the provisions of chapter 61 of title 10 and chapters 21 - and 23 of this title.''. + ``(1) the entitlement of the member and of the dependents of + the member to medical and dental care under the provisions of + chapter 55 of title 10; and + ``(2) retirement or separation for physical disability under + the provisions of chapter 61 of title 10 and chapters 21 and 23 of + this title.''. (b) Clerical Amendment.--The analysis for subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following: ``2514. Career flexibility to enhance retention of members.''. - -SEC. 9105. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS WITH CRITICAL - SKILLS. - +SEC. 8205. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS WITH CRITICAL +SKILLS. (a) In General.--Subchapter II of chapter 37 of title 14, United States Code, is amended by inserting after section 3738 the following: ``Sec. 3738a. Direct commissioning authority for individuals with - critical skills + critical skills ``An individual with critical skills that the Commandant considers necessary for the Coast Guard to complete its missions who is not currently serving as an officer in the Coast Guard may be commissioned @@ -65977,13 +71543,12 @@ into the Coast Guard at a grade up to and including commander.''. item relating to section 3738 the following: ``3738a. Direct commissioning authority for individuals with critical - skills.''. + skills.''. + (c) Technical Amendment.--The heading for the first chapter of subtitle III of title 14, United States Code, is amended by striking ``CHAPTER 1'' and inserting ``CHAPTER 37''. - -SEC. 9106. EMPLOYMENT ASSISTANCE. - +SEC. 8206. EMPLOYMENT ASSISTANCE. (a) In General.--Subchapter I of chapter 27 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 2713. Employment assistance @@ -65991,15 +71556,14 @@ States Code, is amended by adding at the end the following: completeness of a certification or verification of job skills and experience required by section 1143(a)(1) of title 10, the Secretary shall-- - ``(1) establish a database to record all training performed - by members of the Coast Guard that may have application to - employment in the civilian sector; and - ``(2) make unclassified information regarding such - information available to States and other potential employers - referred to in section 1143(c) of title 10 so that States and - other potential employers may allow military training to - satisfy licensing or certification requirements to engage in a - civilian profession. + ``(1) establish a database to record all training performed by + members of the Coast Guard that may have application to employment + in the civilian sector; and + ``(2) make unclassified information regarding such information + available to States and other potential employers referred to in + section 1143(c) of title 10 so that States and other potential + employers may allow military training to satisfy licensing or + certification requirements to engage in a civilian profession. ``(b) Form of Certification or Verification.--The Secretary shall ensure that a certification or verification of job skills and experience required by section 1143(a)(1) of title 10 is rendered in @@ -66016,8 +71580,7 @@ amended by adding at the end the following: Subtitle B--Organization and Management Matters -SEC. 9201. CONGRESSIONAL AFFAIRS; DIRECTOR. - +SEC. 8211. CONGRESSIONAL AFFAIRS; DIRECTOR. (a) In General.--Chapter 3 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 321. Congressional affairs; Director @@ -66032,70 +71595,59 @@ such additional functions as the Commandant may direct.''. United States Code, is amended by adding at the end the following: ``321. Congressional affairs; Director.''. - -SEC. 9202. LIMITATIONS ON CLAIMS. - +SEC. 8212. LIMITATIONS ON CLAIMS. (a) Admiralty Claims.--Section 937(a) of title 14, United States Code, is amended by striking ``$100,000'' and inserting ``$425,000''. (b) Claims for Damage to Property of the United States.--Section 938 of title 14, United States Code, is amended by striking ``$100,000'' and inserting ``$425,000''. - -SEC. 9203. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY. - +SEC. 8213. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY. Section 219 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112-213; 10 U.S.C. 1293 note) is amended-- - (1) in the matter preceding paragraph (1), by striking - ``For fiscal years 2013 through 2018'' and inserting ``For - fiscal years 2019 through 2025''; and - (2) in paragraph (1), by striking ``subsection (c)(2)(A)'' - and inserting ``subsection (c)(1)''. - -SEC. 9204. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT COSTS. - + (1) in the matter preceding paragraph (1), by striking ``For + fiscal years 2013 through 2018'' and inserting ``For fiscal years + 2019 through 2025''; and + (2) in paragraph (1), by striking ``subsection (c)(2)(A)'' and + inserting ``subsection (c)(1)''. +SEC. 8214. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT COSTS. Section 5103(e)(3) of title 14, United States Code, is amended-- - (1) by redesignating subparagraphs (B) and (C) as - subparagraphs (C) and (D), respectively; and - (2) by inserting after subparagraph (A) the following: - ``(B) operate and sustain the cutters and aircraft - described in paragraph (2);''. - -SEC. 9205. SUPPORT OF WOMEN SERVING IN THE COAST GUARD. - + (1) by redesignating subparagraphs (B) and (C) as subparagraphs + (C) and (D), respectively; and + (2) by inserting after subparagraph (A) the following: + ``(B) operate and sustain the cutters and aircraft + described in paragraph (2);''. +SEC. 8215. SUPPORT OF WOMEN SERVING IN THE COAST GUARD. (a) Action Plan.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Commandant shall-- - (A) determine which recommendations in the RAND - gender diversity report can practicably be implemented - to promote gender diversity in the Coast Guard; and - (B) submit to the Committee on Transportation and - Infrastructure of the House of Representatives and the - Committee on Commerce, Science, and Transportation of - the Senate a report on the actions the Coast Guard has - taken, or plans to take, to implement such - recommendations. - (2) Curriculum and training.--The Commandant shall update - curriculum and training materials used at-- - (A) officer accession points, including the Coast - Guard Academy and the Leadership Development Center; - (B) enlisted member accession at the United States - Coast Guard Training Center Cape May in Cape May, New - Jersey; and - (C) the officer, enlisted member, and civilian - leadership courses managed by the Leadership - Development Center. - Such updates shall reflect actions the Coast Guard has taken, - or plans to take, to carry out the recommendations of the RAND - gender diversity report. - (3) Definition.--In this subsection, the term ``RAND gender - diversity report'' means the RAND Corporation's Homeland - Security Operational Analysis Center 2019 report entitled - ``Improving Gender Diversity in the U.S. Coast Guard: - Identifying Barriers to Female Retention''. + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Commandant shall-- + (A) determine which recommendations in the RAND gender + diversity report can practicably be implemented to promote + gender diversity in the Coast Guard; and + (B) submit to the Committee on Transportation and + Infrastructure of the House of Representatives and the + Committee on Commerce, Science, and Transportation of the + Senate a report on the actions the Coast Guard has taken, or + plans to take, to implement such recommendations. + (2) Curriculum and training.--The Commandant shall update + curriculum and training materials used at-- + (A) officer accession points, including the Coast Guard + Academy and the Leadership Development Center; + (B) enlisted member accession at the United States Coast + Guard Training Center Cape May in Cape May, New Jersey; and + (C) the officer, enlisted member, and civilian leadership + courses managed by the Leadership Development Center. + Such updates shall reflect actions the Coast Guard has taken, or + plans to take, to carry out the recommendations of the RAND gender + diversity report. + (3) Definition.--In this subsection, the term ``RAND gender + diversity report'' means the RAND Corporation's Homeland Security + Operational Analysis Center 2019 report entitled ``Improving Gender + Diversity in the U.S. Coast Guard: Identifying Barriers to Female + Retention''. (b) Advisory Board on Women at the Coast Guard Academy.--Chapter 19 of title 14, United States Code, is amended-- - (1) by redesignating section 1904 as section 1906; - (2) by inserting after section 1903 the following: + (1) by redesignating section 1904 as section 1906; + (2) by inserting after section 1903 the following: ``Sec. 1904. Advisory Board on Women at the Coast Guard Academy ``(a) In General.--The Superintendent of the Academy shall establish at the Coast Guard Academy an advisory board to be known as @@ -66132,19 +71684,21 @@ provide the Commandant and the Superintendent reports and briefings on the results of its duties, including recommendations for actions to be taken in light of such results. Such reports and briefings may be provided in writing, in person, or both.''; and - (3) by amending the analysis for such chapter-- - (A) by amending the item relating to section 1904 - to read as follows: + (3) by amending the analysis for such chapter-- + (A) by amending the item relating to section 1904 to read + as follows: ``1904. Advisory Board on Women at the Coast Guard Academy.''; and - (B) by adding at the end the following: + + (B) by adding at the end the following: ``1906. Participation in Federal, State, or other educational research - grants.''. + grants.''. + (c) Advisory Board on Women in the Coast Guard.--Chapter 25 of title 14, United States Code, is amended-- - (1) by redesignating subchapter II as subchapter III; - (2) by inserting after subchapter I the following: + (1) by redesignating subchapter II as subchapter III; + (2) by inserting after subchapter I the following: ``SUBCHAPTER II--ADVISORY BOARD ON WOMEN IN THE COAST GUARD @@ -66158,38 +71712,38 @@ selection process from among applicants for membership on the Board. The members of the Board shall, to the extent practicable, represent the diversity of the Coast Guard. The members of the Committee shall include an equal number of each of the following: - ``(1) Active duty officers of the Coast Guard. - ``(2) Active duty enlisted members of the Coast Guard. - ``(3) Members of the Coast Guard Reserve. - ``(4) Retired members of the Coast Guard. + ``(1) Active duty officers of the Coast Guard. + ``(2) Active duty enlisted members of the Coast Guard. + ``(3) Members of the Coast Guard Reserve. + ``(4) Retired members of the Coast Guard. ``(c) Duties.--The Advisory Board established under subsection (a)-- - ``(1) shall advise the Commandant on improvements to the - recruitment, retention, wellbeing, and success of women serving - in the Coast Guard and attending the Coast Guard Academy, - including recommendations for the report on gender diversity in - the Coast Guard required by section 5109 of chapter 51 of title - 14; - ``(2) may submit to the Commandant recommendations in - connection with its duties under this subsection, including - recommendations to implement the advice described in paragraph - (1); and - ``(3) may brief Congress on its duties under this - subsection, including the advice described in paragraph (1) and - any recommendations described in paragraph (2).''; and - (3) by amending the analysis for such chapter by striking - the items relating to subchapter II and inserting the - following: - - ``subchapter ii--advisory board on women in the coast guard + ``(1) shall advise the Commandant on improvements to the + recruitment, retention, wellbeing, and success of women serving in + the Coast Guard and attending the Coast Guard Academy, including + recommendations for the report on gender diversity in the Coast + Guard required by section 5109 of chapter 51 of title 14; + ``(2) may submit to the Commandant recommendations in + connection with its duties under this subsection, including + recommendations to implement the advice described in paragraph (1); + and + ``(3) may brief Congress on its duties under this subsection, + including the advice described in paragraph (1) and any + recommendations described in paragraph (2).''; and + (3) by amending the analysis for such chapter by striking the + items relating to subchapter II and inserting the following: + + ``subchapter ii--advisory board on women in the coast guard ``2521. Advisory Board on Women in the Coast Guard. + ``subchapter iii--lighthouse service ``2531. Personnel of former Lighthouse Service.''. + (d) Recurring Report.-- - (1) In general.--Chapter 51 of title 14, United States - Code, is amended by adding at the end the following: + (1) In general.--Chapter 51 of title 14, United States Code, is + amended by adding at the end the following: ``Sec. 5109. Report on gender diversity in the Coast Guard ``(a) In General.--Not later than January 15, 2022, and biennially thereafter, the Commandant shall submit to the Committee on @@ -66198,167 +71752,149 @@ the Committee on Commerce, Science, and Transportation of the Senate a report on gender diversity in the Coast Guard. ``(b) Contents.--The report required under subsection (a) shall contain the following: - ``(1) Gender diversity overview.--An overview of Coast - Guard active duty and reserve members, including the number of - officers and enlisted members and the percentages of men and - women in each. - ``(2) Recruitment and retention.-- - ``(A) An analysis of the changes in the recruitment - and retention of women over the previous 2 years. - ``(B) A discussion of any changes to Coast Guard - recruitment and retention over the previous 2 years - that were aimed at increasing the recruitment and - retention of female members. - ``(3) Parental leave.-- - ``(A) The number of men and women who took parental - leave during each year covered by the report, including - the average length of such leave periods. - ``(B) A discussion of the ways in which the Coast - Guard worked to mitigate the impacts of parental leave - on Coast Guard operations and on the careers of the - members taking such leave. - ``(4) Limitations.--An analysis of current gender-based - limitations on Coast Guard career opportunities, including - discussion of-- - ``(A) shipboard opportunities; - ``(B) opportunities to serve at remote units; and - ``(C) any other limitations on the opportunities of - female members. - ``(5) Progress update.--An update on the Coast Guard's - progress on the implementation of the action plan required - under subsection (a) of section 9205 of the Elijah E. Cummings - Coast Guard Authorization Act of 2020.''. - (2) Clerical amendment.--The analysis for chapter 51 of - title 14, United States Code, is amended by adding at the end - the following: + ``(1) Gender diversity overview.--An overview of Coast Guard + active duty and reserve members, including the number of officers + and enlisted members and the percentages of men and women in each. + ``(2) Recruitment and retention.-- + ``(A) An analysis of the changes in the recruitment and + retention of women over the previous 2 years. + ``(B) A discussion of any changes to Coast Guard + recruitment and retention over the previous 2 years that were + aimed at increasing the recruitment and retention of female + members. + ``(3) Parental leave.-- + ``(A) The number of men and women who took parental leave + during each year covered by the report, including the average + length of such leave periods. + ``(B) A discussion of the ways in which the Coast Guard + worked to mitigate the impacts of parental leave on Coast Guard + operations and on the careers of the members taking such leave. + ``(4) Limitations.--An analysis of current gender-based + limitations on Coast Guard career opportunities, including + discussion of-- + ``(A) shipboard opportunities; + ``(B) opportunities to serve at remote units; and + ``(C) any other limitations on the opportunities of female + members. + ``(5) Progress update.--An update on the Coast Guard's progress + on the implementation of the action plan required under subsection + (a) of section 8215 of the Elijah E. Cummings Coast Guard + Authorization Act of 2020.''. + (2) Clerical amendment.--The analysis for chapter 51 of title + 14, United States Code, is amended by adding at the end the + following: ``5109. Report on gender diversity in the Coast Guard.''. - -SEC. 9206. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN. - +SEC. 8216. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN. Section 914 of title 14, United States Code, is amended-- - (1) in subsection (a)-- - (A) by striking ``date'' and inserting ``later of - the date of the conveyance of the properties directed - under section 533(a) of the Coast Guard Authorization - Act of 2016 (Public Law 114-120) or the date''; and - (B) by striking ``determination by the Secretary'' - and inserting ``determination by the Secretary of - Transportation under section 312(d) of title 49''; and - (2) in subsection (c), by striking paragraph (2) and - inserting the following: - ``(2) Availability of proceeds.--The proceeds of such - sales, less the costs of sale incurred by the General Services - Administration, shall be deposited into the Coast Guard Housing - Fund for uses authorized under section 2946 of this title.''. - -SEC. 9207. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. - + (1) in subsection (a)-- + (A) by striking ``date'' and inserting ``later of the date + of the conveyance of the properties directed under section + 533(a) of the Coast Guard Authorization Act of 2016 (Public Law + 114-120) or the date''; and + (B) by striking ``determination by the Secretary'' and + inserting ``determination by the Secretary of Transportation + under section 312(d) of title 49''; and + (2) in subsection (c), by striking paragraph (2) and inserting + the following: + ``(2) Availability of proceeds.--The proceeds of such sales, + less the costs of sale incurred by the General Services + Administration, shall be deposited into the Coast Guard Housing + Fund for uses authorized under section 2946 of this title.''. +SEC. 8217. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. Section 2103(c)(3) of title 14, United States Code, is amended by striking ``rear admiral (lower half)'' and inserting ``vice admiral''. - -SEC. 9208. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND - GRANTS. - +SEC. 8218. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND +GRANTS. (a) In General.--Chapter 7 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 719. Research projects; transactions other than contracts and - grants + grants ``(a) Additional Forms of Transactions Authorized.-- - ``(1) In general.--The Commandant may enter into-- - ``(A) transactions (other than contracts, - cooperative agreements, and grants) in carrying out - basic, applied, and advanced research projects; and - ``(B) agreements with the Director of the Defense - Advanced Research Projects Agency, the Secretary of a - military department, or any other official designated - by the Secretary of Defense under section 2371b of - title 10 to participate in prototype projects and - follow-on production contracts or transactions that are - being carried out by such official and are directly - relevant to the Coast Guard's cyber capability and - Command, Control, Communications, Computers, and - intelligence initiatives. - ``(2) Additional authority.--The authority under this - subsection is in addition to the authority provided in section - 717 to use contracts, cooperative agreements, and grants in - carrying out such projects. - ``(3) Funding.--In carrying out paragraph (1)(B), the - Commandant may use funds made available for-- - ``(A) operations and support; - ``(B) research, development, test, and evaluation; - and - ``(C) procurement, construction, and improvement. - ``(b) Advance Payments.--The authority under subsection (a) may be -exercised without regard to section 3324 of title 31. - ``(c) Recovery of Funds.-- - ``(1) In general.--Subject to subsection (d), a cooperative - agreement for performance of basic, applied, or advanced - research authorized by section 717, and a transaction - authorized by subsection (a), may include a clause that - requires a person or other entity to make payments to the Coast - Guard or any other department or agency of the Federal - Government as a condition for receiving support under the - agreement or transaction, respectively. - ``(2) Availability of funds.--The amount of any payment - received by the Federal Government pursuant to a requirement - imposed under paragraph (1) may be credited, to the extent - authorized by the Commandant, to an appropriate appropriations - account. Amounts so credited shall be merged with other funds - in the account and shall be available for the same purposes and - the same period for which other funds in such account are - available. - ``(d) Conditions.-- - ``(1) In general.--The Commandant shall ensure that to the - extent that the Commandant determines practicable, no - cooperative agreement containing a clause described in - subsection (c)(1), and no transaction entered into under - subsection (a), provides for research that duplicates research - being conducted under existing programs carried out by the - Coast Guard. - ``(2) Other agreements not feasible.--A cooperative - agreement containing a clause described in subsection (c)(1), - or under a transaction authorized by subsection (a), may be - used for a research project only if the use of a standard - contract, grant, or cooperative agreement for such project is - not feasible or appropriate. - ``(e) Education and Training.--The Commandant shall-- - ``(1) ensure that management, technical, and contracting - personnel of the Coast Guard involved in the award or - administration of transactions under this section or other - innovative forms of contracting are afforded opportunities for - adequate education and training; and - ``(2) establish minimum levels and requirements for - continuous and experiential learning for such personnel, - including levels and requirements for acquisition certification - programs. - ``(f) Protection of Certain Information From Disclosure.-- - ``(1) In general.--Disclosure of information described in - paragraph (2) is not required, and may not be compelled, under - section 552 of title 5 for 5 years after the date on which the - information is received by the Coast Guard. - ``(2) Limitation.-- - ``(A) In general.--Paragraph (1) applies to - information described in subparagraph (B) that is in - the records of the Coast Guard only if the information - was submitted to the Coast Guard in a competitive or - noncompetitive process having the potential for - resulting in an award, to the party submitting the - information, of a cooperative agreement for performance - of basic, applied, or advanced research authorized by - section 717 or another transaction authorized by - subsection (a). - ``(B) Information described.--The information - referred to in subparagraph (A) is the following: - ``(i) A proposal, proposal abstract, and - supporting documents. - ``(ii) A business plan submitted on a - confidential basis. - ``(iii) Technical information submitted on - a confidential basis. - ``(g) Regulations.--The Commandant shall prescribe regulations, as + ``(1) In general.--The Commandant may enter into-- + ``(A) transactions (other than contracts, cooperative + agreements, and grants) in carrying out basic, applied, and + advanced research projects; and + ``(B) agreements with the Director of the Defense Advanced + Research Projects Agency, the Secretary of a military + department, or any other official designated by the Secretary + of Defense under section 2371b of title 10 to participate in + prototype projects and follow-on production contracts or + transactions that are being carried out by such official and + are directly relevant to the Coast Guard's cyber capability and + Command, Control, Communications, Computers, and intelligence + initiatives. + ``(2) Additional authority.--The authority under this + subsection is in addition to the authority provided in section 717 + to use contracts, cooperative agreements, and grants in carrying + out such projects. + ``(3) Funding.--In carrying out paragraph (1)(B), the + Commandant may use funds made available to the extent provided in + advance in appropriations Acts for-- + ``(A) operations and support; + ``(B) research, development, test, and evaluation; and + ``(C) procurement, construction, and improvement. + ``(b) Recovery of Funds.-- + ``(1) In general.--Subject to subsection (d), a cooperative + agreement for performance of basic, applied, or advanced research + authorized by section 717, and a transaction authorized by + subsection (a), may include a clause that requires a person or + other entity to make payments to the Coast Guard or any other + department or agency of the Federal Government as a condition for + receiving support under the agreement or transaction, respectively. + ``(2) Availability of funds.--The amount of any payment + received by the Federal Government pursuant to a requirement + imposed under paragraph (1) shall be deposited in the general fund + of the Treasury. Amounts so deposited shall be available for the + purposes of carrying out this section, to the extent provided in + advance in appropriations Acts. + ``(c) Conditions.-- + ``(1) In general.--The Commandant shall ensure that to the + extent that the Commandant determines practicable, no cooperative + agreement containing a clause described in subsection (c)(1), and + no transaction entered into under subsection (a), provides for + research that duplicates research being conducted under existing + programs carried out by the Coast Guard. + ``(2) Other agreements not feasible.--A cooperative agreement + containing a clause described in subsection (c)(1), or under a + transaction authorized by subsection (a), may be used for a + research project only if the use of a standard contract, grant, or + cooperative agreement for such project is not feasible or + appropriate. + ``(d) Education and Training.--The Commandant shall-- + ``(1) ensure that management, technical, and contracting + personnel of the Coast Guard involved in the award or + administration of transactions under this section or other + innovative forms of contracting are afforded opportunities for + adequate education and training; and + ``(2) establish minimum levels and requirements for continuous + and experiential learning for such personnel, including levels and + requirements for acquisition certification programs. + ``(e) Protection of Certain Information From Disclosure.-- + ``(1) In general.--Disclosure of information described in + paragraph (2) is not required, and may not be compelled, under + section 552 of title 5 for 5 years after the date on which the + information is received by the Coast Guard. + ``(2) Limitation.-- + ``(A) In general.--Paragraph (1) applies to information + described in subparagraph (B) that is in the records of the + Coast Guard only if the information was submitted to the Coast + Guard in a competitive or noncompetitive process having the + potential for resulting in an award, to the party submitting + the information, of a cooperative agreement for performance of + basic, applied, or advanced research authorized by section 717 + or another transaction authorized by subsection (a). + ``(B) Information described.--The information referred to + in subparagraph (A) is the following: + ``(i) A proposal, proposal abstract, and supporting + documents. + ``(ii) A business plan submitted on a confidential + basis. + ``(iii) Technical information submitted on a + confidential basis. + ``(f) Regulations.--The Commandant shall prescribe regulations, as necessary, to carry out this section. - ``(h) Annual Report.--On the date on which the President submits to + ``(g) Annual Report.--On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on @@ -66366,76 +71902,70 @@ Appropriations and Commerce, Science, and Transportation of the Senate a report describing each use of the authority provided under this section during the most recently completed fiscal year, including details of each use consisting of-- - ``(1) the amount of each transaction; - ``(2) the entities or organizations involved; - ``(3) the product or service received; - ``(4) the research project for which the product or service - was required; and - ``(5) the extent of the cost sharing among Federal - Government and non-Federal sources.''. + ``(1) the amount of each transaction; + ``(2) the entities or organizations involved; + ``(3) the product or service received; + ``(4) the research project for which the product or service was + required; and + ``(5) the extent of the cost sharing among Federal Government + and non-Federal sources.''. (b) Clerical Amendment.--The analysis for chapter 7 of title 14, United States Code, is amended by adding at the end the following: ``719. Research projects; transactions other than contracts and - grants.''. - -SEC. 9209. ACQUISITION WORKFORCE AUTHORITIES. - + grants.''. +SEC. 8219. ACQUISITION WORKFORCE AUTHORITIES. (a) In General.--Subchapter I of chapter 11 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 1111. Acquisition workforce authorities ``(a) Expedited Hiring Authority.-- - ``(1) In general.--For the purposes of section 3304 of - title 5, the Commandant may-- - ``(A) designate any category of acquisition - positions within the Coast Guard as shortage category - positions; and - ``(B) use the authorities in such section to - recruit and appoint highly qualified persons directly - to positions so designated. - ``(2) Reports.--The Commandant shall include in reports - under section 1102 information described in such section - regarding positions designated under this subsection. + ``(1) In general.--For the purposes of section 3304 of title 5, + the Commandant may-- + ``(A) designate any category of acquisition positions + within the Coast Guard as shortage category positions; and + ``(B) use the authorities in such section to recruit and + appoint highly qualified persons directly to positions so + designated. + ``(2) Reports.--The Commandant shall include in reports under + section 1102 information described in such section regarding + positions designated under this subsection. ``(b) Reemployment Authority.-- - ``(1) In general.--Except as provided in paragraph (2), if - an annuitant receiving an annuity from the Civil Service - Retirement and Disability Fund becomes employed in any category - of acquisition positions designated by the Commandant under - subsection (a), the annuity of the annuitant so employed shall - continue. The annuitant so reemployed shall not be considered - an employee for purposes of subchapter III of chapter 83 or - chapter 84 of title 5. - ``(2)(A) Election.--An annuitant retired under section - 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity - from the Civil Service Retirement and Disability Fund, who - becomes employed in any category of acquisition positions - designated by the Commandant under subsection (a) after the - date of the enactment of the Elijah E. Cummings Coast Guard - Authorization Act of 2020, may elect to be subject to section - 8344 or 8468 of such title (as the case may be). - ``(i) Deadline.--An election for coverage under - this subsection shall be filed not later than 90 days - after the Commandant takes reasonable actions to notify - an employee who may file an election. - ``(ii) Coverage.--If an employee files an election - under this subsection, coverage shall be effective - beginning on the first day of the first applicable pay - period beginning on or after the date of the filing of - the election. - ``(B) Application.--Paragraph (1) shall apply to an - individual who is eligible to file an election under - subparagraph (A) and does not file a timely election under - clause (i) of such subparagraph.''. + ``(1) In general.--Except as provided in paragraph (2), if an + annuitant receiving an annuity from the Civil Service Retirement + and Disability Fund becomes employed in any category of acquisition + positions designated by the Commandant under subsection (a), the + annuity of the annuitant so employed shall continue. The annuitant + so reemployed shall not be considered an employee for purposes of + subchapter III of chapter 83 or chapter 84 of title 5. + ``(2)(A) Election.--An annuitant retired under section + 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from + the Civil Service Retirement and Disability Fund, who becomes + employed in any category of acquisition positions designated by the + Commandant under subsection (a) after the date of the enactment of + the Elijah E. Cummings Coast Guard Authorization Act of 2020, may + elect to be subject to section 8344 or 8468 of such title (as the + case may be). + ``(i) Deadline.--An election for coverage under this + subsection shall be filed not later than 90 days after the + Commandant takes reasonable actions to notify an employee who + may file an election. + ``(ii) Coverage.--If an employee files an election under + this subsection, coverage shall be effective beginning on the + first day of the first applicable pay period beginning on or + after the date of the filing of the election. + ``(B) Application.--Paragraph (1) shall apply to an individual + who is eligible to file an election under subparagraph (A) and does + not file a timely election under clause (i) of such + subparagraph.''. (b) Clerical Amendment.--The analysis for subchapter I of chapter 11 of title 14, United States Code, is amended by adding at the end the following: ``1111. Acquisition workforce authorities.''. + (c) Repeal of Superseded Authority.--Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111-281) is repealed. - -SEC. 9210. VESSEL CONVERSION, ALTERATION, AND REPAIR PROJECTS. - +SEC. 8220. VESSEL CONVERSION, ALTERATION, AND REPAIR PROJECTS. (a) In General.--Notwithstanding any provision of the Small Business Act (15 U.S.C. 631 et seq.) and any regulation or policy implementing such Act, the Commandant may use full and open competitive @@ -66450,13 +71980,10 @@ described in such subsection. in subsection (a) may only be used to acquire such services from a business located in Coast Guard District 17 that is able and available to provide such services. - -SEC. 9211. MODIFICATION OF ACQUISITION PROCESS AND PROCEDURES. - +SEC. 8221. MODIFICATION OF ACQUISITION PROCESS AND PROCEDURES. (a) Extraordinary Relief.-- - (1) In general.--Subchapter III of chapter 11 of title 14, - United States Code, is amended by adding at the end the - following: + (1) In general.--Subchapter III of chapter 11 of title 14, + United States Code, is amended by adding at the end the following: ``Sec. 1157. Extraordinary relief ``(a) In General.--With respect to any prime contracting entity receiving extraordinary relief pursuant to the Act entitled `An Act to @@ -66477,11 +72004,12 @@ and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes in detail such relief and the compliance of the entity with the oversight measures required as a condition of receiving such relief.''. - (3) Analysis for chapter 11.--The analysis for chapter 11 - of title 14, United States Code, is amended by inserting after - the item relating to section 1156 the following: + (3) Analysis for chapter 11.--The analysis for chapter 11 of + title 14, United States Code, is amended by inserting after the + item relating to section 1156 the following: ``1157. Extraordinary relief.''. + (b) Notice to Congress With Respect to Breach of Contract.--Section 1135 of title 14, United States Code, is amended by adding at the end the following: @@ -66492,36 +72020,29 @@ the contract, the Commandant shall provide a written notification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes-- - ``(1) a description of the terms of the contract that - cannot be met; and - ``(2) an assessment of whether the applicable contract - officer has issued a cease and desist order to the contractor - based on the breach of such terms of the contract.''. - -SEC. 9212. ESTABLISHMENT AND PURPOSE OF FUND; DEFINITION. - + ``(1) a description of the terms of the contract that cannot be + met; and + ``(2) an assessment of whether the applicable contract officer + has issued a cease and desist order to the contractor based on the + breach of such terms of the contract.''. +SEC. 8222. ESTABLISHMENT AND PURPOSE OF FUND; DEFINITION. Section 1461(a) of title 10, United States Code, is amended by inserting ``and the Coast Guard'' after ``liabilities of the Department of Defense''. - -SEC. 9213. PAYMENTS FROM FUND. - +SEC. 8223. PAYMENTS FROM FUND. Section 1463(a) of title 10, United States Code, is amended-- - (1) in paragraph (1) by striking ``and Marine Corps'' and - inserting ``Marine Corps, and Coast Guard''; - (2) in paragraph (2) by striking ``(other than retired pay - payable by the Secretary of Homeland Security)''; and - (3) in paragraph (4) by inserting ``and the Department of - Homeland Security that'' after ``Department of Defense''. - -SEC. 9214. DETERMINATION OF CONTRIBUTIONS TO FUND. - + (1) in paragraph (1) by striking ``and Marine Corps'' and + inserting ``Marine Corps, and Coast Guard''; + (2) in paragraph (2) by striking ``(other than retired pay + payable by the Secretary of Homeland Security)''; and + (3) in paragraph (4) by inserting ``and the Department of + Homeland Security that'' after ``Department of Defense''. +SEC. 8224. DETERMINATION OF CONTRIBUTIONS TO FUND. Section 1465 of title 10, United States Code, is amended-- - (1) in subsection (a)-- - (A) by striking ``(a) Not'' and inserting the - following: + (1) in subsection (a)-- + (A) by striking ``(a) Not'' and inserting the following: ``(a)(1) Not''; and - (B) by adding at the end the following: + (B) by adding at the end the following: ``(2) Not later than October 1, 2022, the Board of Actuaries shall determine the amount that is the present value (as of September 30, 2022) of future benefits payable from the Fund that are attributable to @@ -66533,94 +72054,82 @@ amortization schedule for the liquidation of such liability over that period. Contributions to the Fund for the liquidation of the original Coast Guard unfunded liability in accordance with such schedule shall be made as provided in section 1466(b) of this title.''; - (2) in subsection (b)-- - (A) in paragraph (1)-- - (i) in the matter preceding subparagraph - (A)-- - (I) by inserting ``, in - consultation with the Secretary of the - department in which the Coast Guard is - operating,'' after ``Secretary of - Defense'' ; and - (II) by inserting ``and Coast - Guard'' after ``Department of - Defense''; - (ii) in subparagraph (A)(ii) by striking - ``(other than the Coast Guard)'' and inserting - ``members of the Armed Forces''; and - (iii) in subparagraph (B)(ii) by striking - ``(other than the Coast Guard)''; - (B) in paragraph (2) by inserting ``the Coast Guard - Retired Pay account and the'' after ``appropriated - to''; and - (C) in paragraph (3) by inserting ``and Coast - Guard'' after ``Department of Defense''; - (3) in subsection (c)-- - (A) in paragraph (1)-- - (i) in the matter preceding subparagraph - (A) by inserting ``, in consultation with the - Secretary of the department in which the Coast - Guard is operating,'' after ``Secretary of - Defense''; - (ii) in subparagraph (A) by striking - ``(other than the Coast Guard)'' and inserting - ``members of the Armed Forces''; - (iii) in subparagraph (B) by striking - ``(other than the Coast Guard)''; - (B) in paragraph (2) by inserting ``, in - consultation with the Secretary of the department in - which the Coast Guard is operating,'' after ``Secretary - of Defense''; - (C) in paragraph (3) by inserting ``, in - consultation with the Secretary of the department in - which the Coast Guard is operating,'' after ``Secretary - of Defense''; - (4) in subsection (e) by striking ``Secretary of Defense - shall'' and inserting ``Secretary of Defense and, with regard - to the Coast Guard, the Secretary of the department in which - the Coast Guard is operating''. - -SEC. 9215. PAYMENTS INTO FUND. + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph (A)-- + (I) by inserting ``, in consultation with the + Secretary of the department in which the Coast Guard is + operating,'' after ``Secretary of Defense'' ; and + (II) by inserting ``and Coast Guard'' after + ``Department of Defense''; + + (ii) in subparagraph (A)(ii) by striking ``(other than + the Coast Guard)'' and inserting ``members of the Armed + Forces''; and + (iii) in subparagraph (B)(ii) by striking ``(other than + the Coast Guard)''; + (B) in paragraph (2) by inserting ``the Coast Guard Retired + Pay account and the'' after ``appropriated to''; and + (C) in paragraph (3) by inserting ``and Coast Guard'' after + ``Department of Defense''; + (3) in subsection (c)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph (A) by + inserting ``, in consultation with the Secretary of the + department in which the Coast Guard is operating,'' after + ``Secretary of Defense''; + (ii) in subparagraph (A) by striking ``(other than the + Coast Guard)'' and inserting ``members of the Armed + Forces''; + (iii) in subparagraph (B) by striking ``(other than the + Coast Guard)''; + (B) in paragraph (2) by inserting ``, in consultation with + the Secretary of the department in which the Coast Guard is + operating,'' after ``Secretary of Defense''; + (C) in paragraph (3) by inserting ``, in consultation with + the Secretary of the department in which the Coast Guard is + operating,'' after ``Secretary of Defense''; + (4) in subsection (e) by striking ``Secretary of Defense + shall'' and inserting ``Secretary of Defense and, with regard to + the Coast Guard, the Secretary of the department in which the Coast + Guard is operating''. +SEC. 8225. PAYMENTS INTO FUND. Section 1466 of title 10, United States Code, is amended-- - (1) in subsection (a)-- - (A) in the matter preceding paragraph (1)-- - (i) by striking ``Secretary of Defense - shall'' and inserting ``Secretary of Defense - and the Secretary of the department in which - the Coast Guard is operating, with respect to - the Coast guard, shall''; and - (ii) by striking ``each month as the - Department of Defense contribution'' and - inserting ``each month the respective pro rata - share contribution of the Secretary of Defense - and the Secretary of the department in which - the Coast Guard is operating''; and - (B) in paragraph (1)(B) by striking ``(other than - the Coast Guard)''; and - (C) by striking the flush language following - paragraph (1)(B) and inserting the following new - subsection: + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1)-- + (i) by striking ``Secretary of Defense shall'' and + inserting ``Secretary of Defense and the Secretary of the + department in which the Coast Guard is operating, with + respect to the Coast guard, shall''; and + (ii) by striking ``each month as the Department of + Defense contribution'' and inserting ``each month the + respective pro rata share contribution of the Secretary of + Defense and the Secretary of the department in which the + Coast Guard is operating''; and + (B) in paragraph (2)(B) by striking ``(other than the Coast + Guard)''; and + (C) by striking the flush language following paragraph + (2)(B) and inserting the following new subsection: ``(b) Amounts paid into the Fund under this subsection shall be paid from funds available for as appropriate-- - ``(1) the pay of members of the armed forces under the - jurisdiction of the Secretary of a military department; or - ``(2) the Retired Pay appropriation for the Coast Guard.''; - (2) by redesignating subsections (b) and (c) as subsections - (c) and (d), respectively; and - (3) in subsection (c) (as so redesignated)-- - (A) in paragraph (2)(A) by striking ``liability of - the Fund.'' and inserting ``liabilities of the Fund for - the Department of Defense and the Coast Guard.''; and - (B) in paragraph (3) by inserting ``and the - Secretary of the Department in which the Coast Guard is - operating'' before ``shall promptly''. + ``(1) the pay of members of the armed forces under the + jurisdiction of the Secretary of a military department; or + ``(2) the Retired Pay appropriation for the Coast Guard.''; + (2) by redesignating subsections (b) and (c) as subsections (c) + and (d), respectively; and + (3) in subsection (c) (as so redesignated)-- + (A) in paragraph (2)(A) by striking ``liability of the + Fund.'' and inserting ``liabilities of the Fund for the + Department of Defense and the Coast Guard.''; and + (B) in paragraph (3) by inserting ``and the Secretary of + the Department in which the Coast Guard is operating'' before + ``shall promptly''. Subtitle C--Access to Child Care for Coast Guard Families -SEC. 9301. REPORT ON CHILD CARE AND SCHOOL-AGE CARE ASSISTANCE FOR - QUALIFIED FAMILIES. - +SEC. 8231. REPORT ON CHILD CARE AND SCHOOL-AGE CARE ASSISTANCE FOR +QUALIFIED FAMILIES. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation @@ -66629,212 +72138,191 @@ the House of Representatives a report on child care and school-age care options available to qualified families. (b) Elements.--The report required by subsection (a) shall include the following: - (1) Financial assistance.-- - (A) An assessment of-- - (i) the subsidies and financial assistance - for child care and school-age care made - available by the Coast Guard to qualified - families; and - (ii) the extent to which qualified families - have taken advantage of such subsidies and - assistance. - (B) The average number of days between-- - (i) the date on which an application for a - subsidy or other financial assistance for child - care or school-age care is submitted by a - qualified family; and - (ii) upon approval of an application, the - date on which such subsidy or assistance is - received by the qualified family. - (C) Recommendations for streamlining the payment of - such subsidies and financial assistance. - (D) The amount of funding allocated to such - subsidies and financial assistance. - (E) The remaining costs for child care or school- - age care to qualified families that are not covered by - the Coast Guard. - (F) A description of barriers to access to such - subsidies and financial assistance. - (G) The number of qualified families that do not - receive any such subsidies or financial assistance. - (2) Regulation of child care services.-- - (A) An assessment of-- - (i) the regulations of States with respect - to child care services (such as staffing, space - and furnishings, safety, curriculum - requirements, and allowable care hours); and - (ii) the effect that differences in such - regulations may have on access to child care - for qualified families. - (B) An assessment of-- - (i) the regulations of the Coast Guard and - the Department of Defense with respect to child - development centers and other child care - providers (including school-age care - providers), and a comparison of such - regulations with similar State regulations; and - (ii) the effect that such regulations may - have on access to child care and school-age - care for qualified families. - (C) The number of qualified families, and children, - that do not have access to a Coast Guard child - development center for child care. - (3) Parity with department of defense.--The differences - between child care and school-age care services offered by the - Coast Guard and child care and school-age care authorities of - the Coast Guard and the Department of Defense relating to the - following: - (A) Authorized uses of appropriated funds for child - care and school-age care services. - (B) Access to, and total capacity of, Coast Guard - child development centers and Department of Defense - child development centers. - (C) Child care and school-age care programs or - policy. - (D) Coast Guard and Department of Defense programs - to provide additional assistance to members and - civilian employees with respect to child care and - school-age care options. - (E) Respite care programs. - (F) Nonappropriated funds. - (G) Coast Guard family child care centers. - (H) Coast Guard and Department of Defense publicly - available online resources for families seeking - military child care and school-age care. - (4) Feasibility.--An analysis of the feasibility of the - Commandant entering into agreements with private child care and - school-age care service providers to provide child care and - school-age care for qualified families. - (5) Availability.--An analysis of the availability of child - care and school-age care for qualified families, including - accessibility after normal work hours, proximity, and total - capacity. - (6) Recommendations.--Recommendations-- - (A) to improve access to child care and school-age - care for qualified families; - (B) to ensure parity between the Coast Guard and - the Department of Defense with respect to child care - and school-age care; - (C) to expand access to child care and school-age - care for all qualified families, including qualified - families that have a child with special needs; and - (D) to ensure that regional child care and child - development center needs at the unit, sector, or - district level are identified, assessed, and reasonably - evaluated by the Commandant for future infrastructure - needs. - (7) Other matters.--A description or analysis of any other - matter the Comptroller General considers relevant to the - improvement of expanded access to child care and school-age - care for qualified families. - -SEC. 9302. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE - TRACKING SYSTEM. - + (1) Financial assistance.-- + (A) An assessment of-- + (i) the subsidies and financial assistance for child + care and school-age care made available by the Coast Guard + to qualified families; and + (ii) the extent to which qualified families have taken + advantage of such subsidies and assistance. + (B) The average number of days between-- + (i) the date on which an application for a subsidy or + other financial assistance for child care or school-age + care is submitted by a qualified family; and + (ii) upon approval of an application, the date on which + such subsidy or assistance is received by the qualified + family. + (C) Recommendations for streamlining the payment of such + subsidies and financial assistance. + (D) The amount of funding allocated to such subsidies and + financial assistance. + (E) The remaining costs for child care or school-age care + to qualified families that are not covered by the Coast Guard. + (F) A description of barriers to access to such subsidies + and financial assistance. + (G) The number of qualified families that do not receive + any such subsidies or financial assistance. + (2) Regulation of child care services.-- + (A) An assessment of-- + (i) the regulations of States with respect to child + care services (such as staffing, space and furnishings, + safety, curriculum requirements, and allowable care hours); + and + (ii) the effect that differences in such regulations + may have on access to child care for qualified families. + (B) An assessment of-- + (i) the regulations of the Coast Guard and the + Department of Defense with respect to child development + centers and other child care providers (including school- + age care providers), and a comparison of such regulations + with similar State regulations; and + (ii) the effect that such regulations may have on + access to child care and school-age care for qualified + families. + (C) The number of qualified families, and children, that do + not have access to a Coast Guard child development center for + child care. + (3) Parity with department of defense.--The differences between + child care and school-age care services offered by the Coast Guard + and child care and school-age care authorities of the Coast Guard + and the Department of Defense relating to the following: + (A) Authorized uses of appropriated funds for child care + and school-age care services. + (B) Access to, and total capacity of, Coast Guard child + development centers and Department of Defense child development + centers. + (C) Child care and school-age care programs or policy. + (D) Coast Guard and Department of Defense programs to + provide additional assistance to members and civilian employees + with respect to child care and school-age care options. + (E) Respite care programs. + (F) Nonappropriated funds. + (G) Coast Guard family child care centers. + (H) Coast Guard and Department of Defense publicly + available online resources for families seeking military child + care and school-age care. + (4) Feasibility.--An analysis of the feasibility of the + Commandant entering into agreements with private child care and + school-age care service providers to provide child care and school- + age care for qualified families. + (5) Availability.--An analysis of the availability of child + care and school-age care for qualified families, including + accessibility after normal work hours, proximity, and total + capacity. + (6) Recommendations.--Recommendations-- + (A) to improve access to child care and school-age care for + qualified families; + (B) to ensure parity between the Coast Guard and the + Department of Defense with respect to child care and school-age + care; + (C) to expand access to child care and school-age care for + all qualified families, including qualified families that have + a child with special needs; and + (D) to ensure that regional child care and child + development center needs at the unit, sector, or district level + are identified, assessed, and reasonably evaluated by the + Commandant for future infrastructure needs. + (7) Other matters.--A description or analysis of any other + matter the Comptroller General considers relevant to the + improvement of expanded access to child care and school-age care + for qualified families. +SEC. 8232. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE +TRACKING SYSTEM. (a) Memorandum of Understanding.-- - (1) In general.--The Commandant shall enter into a - memorandum of understanding with the Secretary of Defense to - enable qualified families to access the website at https:// - militarychildcare.com (or a successor website) for purposes of - Coast Guard family access to information with respect to State- - accredited child development centers and other child care - support services as such services become available from the - Department of Defense through such website. The memorandum - shall provide for the expansion of the geographical areas - covered by such website, including regions in which qualified - families live that are not yet covered by the program. - (2) Inclusion of child development centers accessible under - pilot program.--The information accessible pursuant to the - memorandum of understanding required by paragraph (1) shall - include information with respect to any child development - center accessible pursuant to the pilot program under section - 9304. - (3) Electronic registration, payment, and tracking - system.--Not later than 1 year after the date of the enactment - of this Act, the Commandant shall develop and maintain an - internet website of the Coast Guard accessible to qualified - families to carry out the following activities: - (A) Register children for a Coast Guard child - development center. - (B) Make online child care payments to a Coast - Guard child development center. - (C) Track the status of a child on the wait list of - a Coast Guard child development center, including the - placement and position of the child on the wait list. + (1) In general.--The Commandant shall enter into a memorandum + of understanding with the Secretary of Defense to enable qualified + families to access the website at https://militarychildcare.com (or + a successor website) for purposes of Coast Guard family access to + information with respect to State-accredited child development + centers and other child care support services as such services + become available from the Department of Defense through such + website. The memorandum shall provide for the expansion of the + geographical areas covered by such website, including regions in + which qualified families live that are not yet covered by the + program. + (2) Inclusion of child development centers accessible under + pilot program.--The information accessible pursuant to the + memorandum of understanding required by paragraph (1) shall include + information with respect to any child development center accessible + pursuant to the pilot program under section 8234. + (3) Electronic registration, payment, and tracking system.--Not + later than 1 year after the date of the enactment of this Act, the + Commandant shall develop and maintain an internet website of the + Coast Guard accessible to qualified families to carry out the + following activities: + (A) Register children for a Coast Guard child development + center. + (B) Make online child care payments to a Coast Guard child + development center. + (C) Track the status of a child on the wait list of a Coast + Guard child development center, including the placement and + position of the child on the wait list. (b) Wait List.-- - (1) In general.--The Commandant shall maintain a record of - the wait list for each Coast Guard child development center. - (2) Matters to be included.--Each record under paragraph - (1) shall include the following: - (A) The total number of children of qualified - families on the wait list. - (B) With respect to each child on the wait list-- - (i) the age of the child; - (ii) the number of days the child has been - on the wait list; - (iii) the position of the child on the wait - list; - (iv) any special needs consideration; and - (v) information on whether a sibling of the - child is on the wait list of, or currently - enrolled in, the Coast Guard child development - center concerned. - (3) Requirement to archive.--Information placed in the - record of a Coast Guard child development center under - paragraph (1) shall be archived for a period of not less than - 10 years after the date of its placement in the record. - -SEC. 9303. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS. - + (1) In general.--The Commandant shall maintain a record of the + wait list for each Coast Guard child development center. + (2) Matters to be included.--Each record under paragraph (1) + shall include the following: + (A) The total number of children of qualified families on + the wait list. + (B) With respect to each child on the wait list-- + (i) the age of the child; + (ii) the number of days the child has been on the wait + list; + (iii) the position of the child on the wait list; + (iv) any special needs consideration; and + (v) information on whether a sibling of the child is on + the wait list of, or currently enrolled in, the Coast Guard + child development center concerned. + (3) Requirement to archive.--Information placed in the record + of a Coast Guard child development center under paragraph (1) shall + be archived for a period of not less than 10 years after the date + of its placement in the record. +SEC. 8233. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS. (a) Study.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, and for each of the 2 fiscal years - thereafter, the Commandant shall conduct a study on the child - care needs of qualified families that incorporates-- - (A) the results of the survey under subsection (b); - and - (B) any other information the Commandant considers - appropriate to ensure adequate tracking and future - needs-based assessments with respect to adequate access - to Coast Guard child development centers. - (2) Consultation.--In conducting a study under paragraph - (1), the Commandant may consult a federally funded research and - development center. - (3) Scope of data.--The data obtained through each study - under paragraph (1) shall be obtained on a regional basis, - including by Coast Guard unit, sector, and district. + (1) In general.--Not later than 1 year after the date of the + enactment of this Act, and for each of the 2 fiscal years + thereafter, the Commandant shall conduct a study on the child care + needs of qualified families that incorporates-- + (A) the results of the survey under subsection (b); and + (B) any other information the Commandant considers + appropriate to ensure adequate tracking and future needs-based + assessments with respect to adequate access to Coast Guard + child development centers. + (2) Consultation.--In conducting a study under paragraph (1), + the Commandant may consult a federally funded research and + development center. + (3) Scope of data.--The data obtained through each study under + paragraph (1) shall be obtained on a regional basis, including by + Coast Guard unit, sector, and district. (b) Survey.-- - (1) In general.--Together with each study under subsection - (a), and annually as the Commandant considers appropriate, the - Commandant shall carry out a survey of individuals described in - paragraph (2) on access to Coast Guard child development - centers. - (2) Participants.-- - (A) In general.--The Commandant shall seek the - participation in the survey of the following Coast - Guard individuals: - (i) Commanding officers, regardless of - whether the commanding officers have children. - (ii) Regular and reserve personnel. - (iii) Spouses of individuals described in - clauses (i) and (ii). - (B) Scope of participation.--Individuals described - in clauses (i) through (iii) of subparagraph (A) shall - be surveyed regardless of whether such individuals use - or have access to Coast Guard child development centers - or other Federal child care facilities. - (C) Voluntary participation.--Participation of any - individual described in subparagraph (A) in a survey - shall be on a voluntary basis. + (1) In general.--Together with each study under subsection (a), + and annually as the Commandant considers appropriate, the + Commandant shall carry out a survey of individuals described in + paragraph (2) on access to Coast Guard child development centers. + (2) Participants.-- + (A) In general.--The Commandant shall seek the + participation in the survey of the following Coast Guard + individuals: + (i) Commanding officers, regardless of whether the + commanding officers have children. + (ii) Regular and reserve personnel. + (iii) Spouses of individuals described in clauses (i) + and (ii). + (B) Scope of participation.--Individuals described in + clauses (i) through (iii) of subparagraph (A) shall be surveyed + regardless of whether such individuals use or have access to + Coast Guard child development centers or other Federal child + care facilities. + (C) Voluntary participation.--Participation of any + individual described in subparagraph (A) in a survey shall be + on a voluntary basis. (c) Availability.--On request, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the results of any study or survey under this section. - -SEC. 9304. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE. - +SEC. 8234. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE. (a) In General.--Commencing not later than 60 days after the date -on which the report under section 9301 is submitted, the Commandant +on which the report under section 8231 is submitted, the Commandant shall carry out a pilot program, based on the recommendations provided in such report, to expand access to public or private child development centers for qualified families. @@ -66842,46 +72330,40 @@ centers for qualified families. (a) shall be not more than 3 years beginning on the date on which the pilot program is established. (c) Discharge on District Basis.--The Commandant-- - (1) may carry out the pilot program on a district basis; - and - (2) shall include in the pilot program remote and urban - locations. + (1) may carry out the pilot program on a district basis; and + (2) shall include in the pilot program remote and urban + locations. (d) Reservation of Child Care Slots.--As part of the pilot program, the Commandant shall seek to enter into one or more memoranda of understanding with one or more child development centers to reserve slots for qualified families in locations in which-- - (1) the Coast Guard lacks a Coast Guard child development - center; or - (2) the wait lists for the nearest Coast Guard child - development center or Department of Defense child development - center, where applicable, indicate that qualified families may - not be accommodated. + (1) the Coast Guard lacks a Coast Guard child development + center; or + (2) the wait lists for the nearest Coast Guard child + development center or Department of Defense child development + center, where applicable, indicate that qualified families may not + be accommodated. (e) Annual Assessment of Results.--As part of any study conducted -pursuant to section 9303(a) after the end of the 1-year period +pursuant to section 8233(a) after the end of the 1-year period beginning with the commencement of the pilot program, the Commandant shall also undertake a current assessment of the impact of the pilot program on access to child development centers for qualified families. The Commandant shall include the results of any such assessment in the results of the most current study or survey submitted pursuant to -section 9303(a). - -SEC. 9305. IMPROVEMENTS TO COAST GUARD-OWNED FAMILY HOUSING. - +section 8233(a). +SEC. 8235. IMPROVEMENTS TO COAST GUARD-OWNED FAMILY HOUSING. Section 2922(b) of title 14, United States Code, is amended by adding at the end the following: - ``(4) To the maximum extent practicable, the Commandant - shall ensure that, in a location in which Coast Guard family - child care centers (as such term is defined in section 9309 of - the Elijah E. Cummings Coast Guard Authorization Act of 2020) - are necessary to meet the demand for child care for qualified - families (as such term is defined in such section), not fewer - than two housing units are maintained in accordance with safety - inspection standards so as to accommodate family child care - providers.''. - -SEC. 9306. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER - QUALIFICATIONS AND CERTIFICATIONS. - + ``(4) To the maximum extent practicable, the Commandant shall + ensure that, in a location in which Coast Guard family child care + centers (as such term is defined in section 8239 of the Elijah E. + Cummings Coast Guard Authorization Act of 2020) are necessary to + meet the demand for child care for qualified families (as such term + is defined in such section), not fewer than two housing units are + maintained in accordance with safety inspection standards so as to + accommodate family child care providers.''. +SEC. 8236. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER +QUALIFICATIONS AND CERTIFICATIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee @@ -66890,13 +72372,13 @@ the feasibility of developing a policy to allow the transfer of a Coast Guard-mandated family child care provider qualification or certification between Coast Guard-owned housing units if, as determined by the Commandant-- - (1) the qualification or certification is not expired; - (2) the transfer of the qualification or certification - would not pose a danger to any child in the care of the family - child care provider; and - (3) the transfer would expedite the ability of the family - child care provider to establish, administer, and provide - family home daycare in a Coast Guard-owned housing unit. + (1) the qualification or certification is not expired; + (2) the transfer of the qualification or certification would + not pose a danger to any child in the care of the family child care + provider; and + (3) the transfer would expedite the ability of the family child + care provider to establish, administer, and provide family home + daycare in a Coast Guard-owned housing unit. (b) Briefing Element.--The briefing required by subsection (a) shall include analysis of options for transferring a Coast Guard- mandated family child care provider qualification or certification as @@ -66906,183 +72388,163 @@ with such transfer. not be construed to supersede any other applicable Federal, State, or local law (including regulations) relating to the provision of child care services. - -SEC. 9307. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND - FAMILY CHILD CARE PROVIDERS. - +SEC. 8237. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND +FAMILY CHILD CARE PROVIDERS. (a) Inspections.--Section 2923 of title 14, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Inspections.-- - ``(1) In general.--Not less than twice annually, the - Commandant shall ensure that each Coast Guard child development - center is subject to an unannounced inspection. - ``(2) Responsibility for inspections.--Of the biannual - inspections under paragraph (1)-- - ``(A) 1 shall be carried out by a representative of - the Coast Guard installation served by the Coast Guard - child development center concerned; and - ``(B) 1 shall be carried out by a representative of - the Coast Guard child development services work-life - programs.''. + ``(1) In general.--Not less than twice annually, the Commandant + shall ensure that each Coast Guard child development center is + subject to an unannounced inspection. + ``(2) Responsibility for inspections.--Of the biannual + inspections under paragraph (1)-- + ``(A) 1 shall be carried out by a representative of the + Coast Guard installation served by the Coast Guard child + development center concerned; and + ``(B) 1 shall be carried out by a representative of the + Coast Guard child development services work-life programs.''. (b) Family Child Care Providers.-- - (1) In general.--Chapter 29 of title 14, United States - Code, is amended by adding at the end the following: + (1) In general.--Chapter 29 of title 14, United States Code, is + amended by adding at the end the following: ``Sec. 2926. Family child care providers ``(a) In General.--Not less frequently than quarterly, the Commandant shall ensure that each family child care provider is subject to inspection. ``(b) Responsibility for Inspections.--Of the quarterly inspections under subsection (a) each year-- - ``(1) 3 inspections shall be carried out by a - representative of the Coast Guard installation served by the - family child care provider concerned; and - ``(2) 1 inspection shall be carried out by a representative - of the Coast Guard child development services work-life - programs.''. - (2) Clerical amendment.--The analysis for chapter 29 of - title 14, United States Code, is amended by adding at the end - the following: + ``(1) 3 inspections shall be carried out by a representative of + the Coast Guard installation served by the family child care + provider concerned; and + ``(2) 1 inspection shall be carried out by a representative of + the Coast Guard child development services work-life programs.''. + (2) Clerical amendment.--The analysis for chapter 29 of title + 14, United States Code, is amended by adding at the end the + following: ``2926. Family child care providers.''. - -SEC. 9308. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE. - +SEC. 8238. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE. Not later than 1 year after the date of the enactment of this Act, the Commandant shall-- - (1) establish a procedure to allow Coast Guard family child - care centers to occur at off-base housing, including off-base - housing owned or subsidized by the Coast Guard; and - (2) establish a procedure to ensure that all requirements - with respect to such family child care programs are met, - including home inspections. - -SEC. 9309. DEFINITIONS. - + (1) establish a procedure to allow Coast Guard family child + care centers to occur at off-base housing, including off-base + housing owned or subsidized by the Coast Guard; and + (2) establish a procedure to ensure that all requirements with + respect to such family child care programs are met, including home + inspections. +SEC. 8239. DEFINITIONS. In this subtitle: - (1) Coast guard child development center.--The term ``Coast - Guard child development center'' has the meaning given that - term in section 2921(3) of title 14, United States Code. - (2) Coast guard family child care center.--The term ``Coast - Guard family child care center'' means a location at which - family home daycare is provided. - (3) Family child care provider.--The term ``family child - care provider'' means an individual who provides family home - daycare. - (4) Family home daycare.--The term ``family home daycare'' - has the meaning given that term in section 2921(5) of title 14, - United States Code. - (5) Qualified family.--The term ``qualified family'' means - any regular, reserve, or retired member of the Coast Guard, and - any civilian employee of the Coast Guard, with one or more - dependents. + (1) Coast guard child development center.--The term ``Coast + Guard child development center'' has the meaning given that term in + section 2921(3) of title 14, United States Code. + (2) Coast guard family child care center.--The term ``Coast + Guard family child care center'' means a location at which family + home daycare is provided. + (3) Family child care provider.--The term ``family child care + provider'' means an individual who provides family home daycare. + (4) Family home daycare.--The term ``family home daycare'' has + the meaning given that term in section 2921(5) of title 14, United + States Code. + (5) Qualified family.--The term ``qualified family'' means any + regular, reserve, or retired member of the Coast Guard, and any + civilian employee of the Coast Guard, with one or more dependents. Subtitle D--Reports -SEC. 9401. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS. - +SEC. 8240. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS. (a) Especially Hazardous Cargo.--Subsection (e) of section 70103 of title 46, United States Code, is amended to read as follows: ``(e) Especially Hazardous Cargo.-- - ``(1) Enforcement of security zones.--Consistent with other - provisions of Federal law, the Coast Guard shall coordinate and - be responsible for the enforcement of any Federal security zone - established by the Coast Guard around a vessel containing - especially hazardous cargo. The Coast Guard shall allocate - available resources so as to deter and respond to a - transportation security incident, to the maximum extent - practicable, and to protect lives or protect property in - danger. - ``(2) Especially hazardous cargo defined.--In this - subsection, the term `especially hazardous cargo' means - anhydrous ammonia, ammonium nitrate, chlorine, liquefied - natural gas, liquefied petroleum gas, and any other substance, - material, or group or class of material, in a particular amount - and form that the Secretary determines by regulation poses a - significant risk of creating a transportation security incident - while being transported in maritime commerce.''. + ``(1) Enforcement of security zones.--Consistent with other + provisions of Federal law, the Coast Guard shall coordinate and be + responsible for the enforcement of any Federal security zone + established by the Coast Guard around a vessel containing + especially hazardous cargo. The Coast Guard shall allocate + available resources so as to deter and respond to a transportation + security incident, to the maximum extent practicable, and to + protect lives or protect property in danger. + ``(2) Especially hazardous cargo defined.--In this subsection, + the term `especially hazardous cargo' means anhydrous ammonia, + ammonium nitrate, chlorine, liquefied natural gas, liquefied + petroleum gas, and any other substance, material, or group or class + of material, in a particular amount and form that the Secretary + determines by regulation poses a significant risk of creating a + transportation security incident while being transported in + maritime commerce.''. (b) Compliance With Security Standards.--Section 809 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 46 U.S.C. 70101 note) is amended by striking subsections (g) and (i). (c) Marine Safety Long-Term Strategy.--Section 2116 of title 46, United States Code, is amended-- - (1) in subsection (a), by striking ``The strategy shall - include the issuance of a triennial plan'' and inserting ``The - 5-year strategy shall include the issuance of a plan''; - (2) in subsection (b)-- - (A) in the subsection heading, by striking - ``Contents of Strategy and Triennial Plans'' and - inserting ``5-Year Strategy and Plan''; - (B) in paragraph (1), in the matter preceding - subparagraph (A), by striking ``strategy and triennial - plans'' and inserting ``5-year strategy and plan''; and - (C) in paragraph (2)-- - (i) in the matter preceding subparagraph - (A), by striking ``strategy and triennial - plans'' and inserting ``5-year strategy and - plan''; and - (ii) in subparagraph (A), by striking - ``plans'' and inserting ``plan''; - (3) in subsection (c)-- - (A) by striking ``Beginning with fiscal year 2020 - and triennially thereafter, the Secretary'' and - inserting ``Not later than 5 years after the date of - the enactment of the Elijah E. Cummings Coast Guard - Authorization Act of 2020, and every 5 years - thereafter, the Secretary''; and - (B) by striking ``triennial''; and - (4) in subsection (d)-- - (A) in paragraph (1), by striking ``No less - frequently than semiannually'' and inserting ``In - conjunction with the submission of the 5-year strategy - and plan''; and - (B) in paragraph (2)-- - (i) in the heading, by striking ``Report to - congress'' and inserting ``Periodic - briefings''; - (ii) in the matter preceding subparagraph - (A), by striking ``report triennially'' and all - that follows through ``the Senate'' and - inserting ``periodically brief the Committee on - Commerce, Science, and Transportation of the - Senate and the Committee on Transportation and - Infrastructure of the House of - Representatives''; - (iii) in subparagraph (A)-- - (I) by striking ``annual''; and - (II) by striking ``for the year - covered by the report'' and inserting - ``for the period covered by the - briefing''; and - (iv) in subparagraph (B)(ii), by striking - ``plans'' and inserting ``plan''. + (1) in subsection (a), by striking ``The strategy shall include + the issuance of a triennial plan'' and inserting ``The 5-year + strategy shall include the issuance of a plan''; + (2) in subsection (b)-- + (A) in the subsection heading, by striking ``Contents of + Strategy and Triennial Plans'' and inserting ``5-Year Strategy + and Plan''; + (B) in paragraph (1), in the matter preceding subparagraph + (A), by striking ``strategy and triennial plans'' and inserting + ``5-year strategy and plan''; and + (C) in paragraph (2)-- + (i) in the matter preceding subparagraph (A), by + striking ``strategy and triennial plans'' and inserting + ``5-year strategy and plan''; and + (ii) in subparagraph (A), by striking ``plans'' and + inserting ``plan''; + (3) in subsection (c)-- + (A) by striking ``Beginning with fiscal year 2020 and + triennially thereafter, the Secretary'' and inserting ``Not + later than 5 years after the date of the enactment of the + Elijah E. Cummings Coast Guard Authorization Act of 2020, and + every 5 years thereafter, the Secretary''; and + (B) by striking ``triennial''; and + (4) in subsection (d)-- + (A) in paragraph (1), by striking ``No less frequently than + semiannually'' and inserting ``In conjunction with the + submission of the 5-year strategy and plan''; and + (B) in paragraph (2)-- + (i) in the heading, by striking ``Report to congress'' + and inserting ``Periodic briefings''; + (ii) in the matter preceding subparagraph (A), by + striking ``report triennially'' and all that follows + through ``the Senate'' and inserting ``periodically brief + the Committee on Commerce, Science, and Transportation of + the Senate and the Committee on Transportation and + Infrastructure of the House of Representatives''; + (iii) in subparagraph (A)-- + + (I) by striking ``annual''; and + (II) by striking ``for the year covered by the + report'' and inserting ``for the period covered by the + briefing''; and + + (iv) in subparagraph (B)(ii), by striking ``plans'' and + inserting ``plan''. (d) Abandoned Seafarers Fund.--Section 11113(a) of title 46, United States Code, is amended-- - (1) in paragraph (4), by striking ``On the date'' and - inserting ``Except as provided in paragraph (5), on the date''; - and - (2) by adding at the end the following: - ``(5) No report required.--A report under paragraph (4) - shall not be required if there were no expenditures from the - Fund in the preceding fiscal year. The Commandant shall notify - Congress in the event a report is not required under paragraph - (4) by reason of this paragraph.''. + (1) in paragraph (4), by striking ``On the date'' and inserting + ``Except as provided in paragraph (5), on the date''; and + (2) by adding at the end the following: + ``(5) No report required.--A report under paragraph (4) shall + not be required if there were no expenditures from the Fund in the + preceding fiscal year. The Commandant shall notify Congress in the + event a report is not required under paragraph (4) by reason of + this paragraph.''. (e) Major Acquisition Program Risk Assessment.--Section 5107 of title 14, United States Code, is amended-- - (1) in subsection (a), by striking ``April 15 and October - 15'' and inserting ``October 15''; and - (2) in subsection (b)-- - (A) in paragraph (2), by striking ``the 2 fiscal- - year quarters preceding such assessment'' and inserting - ``the previous fiscal year''; - (B) in paragraph (3), by striking ``such 2 fiscal- - year quarters'' and inserting ``such fiscal year''; - (C) in paragraph (4), by striking ``such 2 fiscal- - year quarters'' and inserting ``such fiscal year''; and - (D) in paragraph (5), by striking ``such 2 fiscal- - year quarters'' and inserting ``such fiscal year''. - -SEC. 9402. REPORT ON CYBERSECURITY WORKFORCE. - + (1) in subsection (a), by striking ``April 15 and October 15'' + and inserting ``October 15''; and + (2) in subsection (b)-- + (A) in paragraph (2), by striking ``the 2 fiscal-year + quarters preceding such assessment'' and inserting ``the + previous fiscal year''; + (B) in paragraph (3), by striking ``such 2 fiscal-year + quarters'' and inserting ``such fiscal year''; + (C) in paragraph (4), by striking ``such 2 fiscal-year + quarters'' and inserting ``such fiscal year''; and + (D) in paragraph (5), by striking ``such 2 fiscal-year + quarters'' and inserting ``such fiscal year''. +SEC. 8241. REPORT ON CYBERSECURITY WORKFORCE. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee @@ -67093,26 +72555,24 @@ capacity to Operational Technology and Industrial Control Systems in national port and maritime environments. (b) Contents.--The report under subsection (a) shall include the following: - (1) A description of the number and skills of active duty - and reserve Coast Guard members expected for initial operating - capacity and full operating capacity of the workforce described - in subsection (a). - (2) A description of the career development path for - officers and enlisted members participating in the workforce. - (3) A determination of how the workforce will fulfill the - cybersecurity needs of the Area Maritime Security Council and - United States port environments. - (4) A determination of how the workforce will integrate - with the Hunt and Incident Response and Assessment Teams of the - Cyber and Infrastructure Security Agency of the Department of - Homeland Security. - (5) An assessment of successful models used by other Armed - Forces, including the National Guard, to recruit, maintain, and - utilize a cyber workforce, including the use of Reserve - personnel for that purpose. - -SEC. 9403. REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT. - + (1) A description of the number and skills of active duty and + reserve Coast Guard members expected for initial operating capacity + and full operating capacity of the workforce described in + subsection (a). + (2) A description of the career development path for officers + and enlisted members participating in the workforce. + (3) A determination of how the workforce will fulfill the + cybersecurity needs of the Area Maritime Security Council and + United States port environments. + (4) A determination of how the workforce will integrate with + the Hunt and Incident Response and Assessment Teams of the Cyber + and Infrastructure Security Agency of the Department of Homeland + Security. + (5) An assessment of successful models used by other Armed + Forces, including the National Guard, to recruit, maintain, and + utilize a cyber workforce, including the use of Reserve personnel + for that purpose. +SEC. 8242. REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee @@ -67122,58 +72582,53 @@ for deck watch officers, with a specific focus on basic navigation, bridge resource management, crew rest, and qualification processes. (b) Contents.--The report under subsection (a) shall include the following: - (1) Recommendations for improving prearrival training, if - necessary, and an assessment of how commercial industry best - practices on prearrival training can be incorporated into - military at sea watchkeeping. - (2) A detailed description of the deck watch officer - assessment process of the Coast Guard. - (3) A list of programs that have been approved for credit - toward merchant mariner credentials. - (4) A complete analysis of the gap between the existing - curriculum for deck watch officer training and the Standards of - Training, Certification, and Watchkeeping for officer in charge - of a navigational watch at the operational level, Chief level, - and Master level. - (5) A complete analysis of the gap between the existing - training curriculum for deck watch officers and the licensing - requirement for 3rd mate unlimited, Chief, and Master. - (6) An assessment of deck watch officer options to complete - the 3rd mate unlimited license and the qualification under the - Standards of Training, Certification, and Watchkeeping for - officer in charge of a navigational watch. - (7) An assessment of senior deck watch officer options to - complete the Chief Mate and Master unlimited license and the - qualification under the Standards of Training, Certification, - and Watchkeeping for Chief Mate and Master. - -SEC. 9404. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND - RECAPITALIZATION. - + (1) Recommendations for improving prearrival training, if + necessary, and an assessment of how commercial industry best + practices on prearrival training can be incorporated into military + at sea watchkeeping. + (2) A detailed description of the deck watch officer assessment + process of the Coast Guard. + (3) A list of programs that have been approved for credit + toward merchant mariner credentials. + (4) A complete analysis of the gap between the existing + curriculum for deck watch officer training and the Standards of + Training, Certification, and Watchkeeping for officer in charge of + a navigational watch at the operational level, Chief level, and + Master level. + (5) A complete analysis of the gap between the existing + training curriculum for deck watch officers and the licensing + requirement for 3rd mate unlimited, Chief, and Master. + (6) An assessment of deck watch officer options to complete the + 3rd mate unlimited license and the qualification under the + Standards of Training, Certification, and Watchkeeping for officer + in charge of a navigational watch. + (7) An assessment of senior deck watch officer options to + complete the Chief Mate and Master unlimited license and the + qualification under the Standards of Training, Certification, and + Watchkeeping for Chief Mate and Master. +SEC. 8243. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND +RECAPITALIZATION. Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- - (1) includes an updated fleet life-cycle analysis and - service life extension plan that includes dynamic components, - and which clearly demonstrates the mission viability of the MH- - 65 through anticipated fleet recapitalization; - (2) includes a realistic sustainment budget necessary to - achieve the operational availability rates necessary to meet - MH-65 mission requirements through fleet recapitalization; - (3) includes an update on the status of the Coast Guard MH- - 65 helicopter recapitalization; and - (4) includes a description of any alternative, available, - and cost-effective Government and civil systems, or updates, - that the Coast Guard is considering for MH-65 operational - missions, including Coast Guard cutter deployability - requirements, in the event of delays to the future vertical - lift program of the Coast Guard. - -SEC. 9405. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR CYBER - INCIDENTS ON VESSELS ENTERING PORTS OR WATERS OF THE - UNITED STATES. - + (1) includes an updated fleet life-cycle analysis and service + life extension plan that includes dynamic components, and which + clearly demonstrates the mission viability of the MH-65 through + anticipated fleet recapitalization; + (2) includes a realistic sustainment budget necessary to + achieve the operational availability rates necessary to meet MH-65 + mission requirements through fleet recapitalization; + (3) includes an update on the status of the Coast Guard MH-65 + helicopter recapitalization; and + (4) includes a description of any alternative, available, and + cost-effective Government and civil systems, or updates, that the + Coast Guard is considering for MH-65 operational missions, + including Coast Guard cutter deployability requirements, in the + event of delays to the future vertical lift program of the Coast + Guard. +SEC. 8244. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR CYBER +INCIDENTS ON VESSELS ENTERING PORTS OR WATERS OF THE UNITED STATES. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee @@ -67183,86 +72638,77 @@ cyber incidents on vessels entering ports or waters of the United States. (b) Review.--The report under subsection (a) shall include a review of each of the following: - (1) The number and type of commercial vessels of the United - States subject to regulations under part 104 of title 33, Code - of Federal Regulations (or any corresponding similar regulation - or ruling). - (2) Policies and guidance issued by the Commandant, in - accordance with guidelines on cyber risk management of the - International Maritime Organization, to vessels of the United - States. - (3) Measures to be taken by owners or operators of - commercial vessels of the United States to increase - cybersecurity posture on such vessels. - (4) Responses of the Commandant to cyber incidents on - vessels described in paragraph (1) prior to the date of the - enactment of this Act. - (5) Response protocols followed by personnel of the Coast - Guard to a cyber incident on any vessel described in paragraph - (1) experienced while that vessel is traveling to ports or - waters of the United States. - (6) Oversight by the Commandant of-- - (A) vessel-to-facility interface, as defined in - section 101.105 of title 33, Code of Federal - Regulations (or any corresponding similar regulation or - ruling); and - (B) actions taken by the Coast Guard in - coordination with vessel and facility owners and - operators to protect commercial vessels and port - facility infrastructure from cyber attacks and - proliferation. - (7) Requirements of the Commandant for the reporting of - cyber incidents that occur on the vessels described in - paragraph (1). + (1) The number and type of commercial vessels of the United + States subject to regulations under part 104 of title 33, Code of + Federal Regulations (or any corresponding similar regulation or + ruling). + (2) Policies and guidance issued by the Commandant, in + accordance with guidelines on cyber risk management of the + International Maritime Organization, to vessels of the United + States. + (3) Measures to be taken by owners or operators of commercial + vessels of the United States to increase cybersecurity posture on + such vessels. + (4) Responses of the Commandant to cyber incidents on vessels + described in paragraph (1) prior to the date of the enactment of + this Act. + (5) Response protocols followed by personnel of the Coast Guard + to a cyber incident on any vessel described in paragraph (1) + experienced while that vessel is traveling to ports or waters of + the United States. + (6) Oversight by the Commandant of-- + (A) vessel-to-facility interface, as defined in section + 101.105 of title 33, Code of Federal Regulations (or any + corresponding similar regulation or ruling); and + (B) actions taken by the Coast Guard in coordination with + vessel and facility owners and operators to protect commercial + vessels and port facility infrastructure from cyber attacks and + proliferation. + (7) Requirements of the Commandant for the reporting of cyber + incidents that occur on the vessels described in paragraph (1). (c) Recommendations and Appropriations.--The Commandant shall include in the report under subsection (a)-- - (1) recommendations-- - (A) to improve cyber incident response; and - (B) for policies to address gaps identified by the - review under subsection (b); and - (2) a description of authorities and appropriations - necessary to improve the preparedness of the Coast Guard for - cyber incidents on vessels entering ports or waters of the - United States and the ability of the Coast Guard to prevent and - respond to such incidents. + (1) recommendations-- + (A) to improve cyber incident response; and + (B) for policies to address gaps identified by the review + under subsection (b); and + (2) a description of authorities and appropriations necessary + to improve the preparedness of the Coast Guard for cyber incidents + on vessels entering ports or waters of the United States and the + ability of the Coast Guard to prevent and respond to such + incidents. (d) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (e) Vessel of the United States Defined.--In this section, the term ``vessel of the United States'' has the meaning given such term in section 116 of title 46, United States Code. - -SEC. 9406. STUDY AND REPORT ON COAST GUARD INTERDICTION OF ILLICIT - DRUGS IN TRANSIT ZONES. - +SEC. 8245. STUDY AND REPORT ON COAST GUARD INTERDICTION OF ILLICIT +DRUGS IN TRANSIT ZONES. (a) Findings.--Congress makes the following findings: - (1) The Coast Guard seizes an average of 1,221 pounds of - cocaine and 85 pounds of marijuana each day in the transit - zones of the Eastern Pacific Ocean, Caribbean Sea, and Southern - maritime border approaches. - (2) The Joint Interagency Task Force-South (JIATF-South) - estimates that it has a spectrum of actionable intelligence on - more than 80 percent of drug movements into the United States - from Central America and South America. - (3) The Coast Guard must balance asset allocation across 11 - statutory missions. As such, the Coast Guard interdicts less - than 10 percent of maritime noncommercial smuggling of illicit - drugs into the United States from Central America and South - America. - (4) In 2017, the Government Accountability Office - recommended that the Commandant of the Coast Guard-- - (A) develop new performance goals relating to the - interdiction of illicit drugs smuggled into the United - States, or describe the manner in which existing goals - are sufficient; - (B) report such goals to the public; - (C) assess the extent to which limitations in - performance data with respect to such goals are - documented; - (D) document measurable corrective actions and - implementation timeframes with respect to such goals; - and - (E) document efforts to monitor implementation of - such corrective actions. + (1) The Coast Guard seizes an average of 1,221 pounds of + cocaine and 85 pounds of marijuana each day in the transit zones of + the Eastern Pacific Ocean, Caribbean Sea, and Southern maritime + border approaches. + (2) The Joint Interagency Task Force-South (JIATF-South) + estimates that it has a spectrum of actionable intelligence on more + than 80 percent of drug movements into the United States from + Central America and South America. + (3) The Coast Guard must balance asset allocation across 11 + statutory missions. As such, the Coast Guard interdicts less than + 10 percent of maritime noncommercial smuggling of illicit drugs + into the United States from Central America and South America. + (4) In 2017, the Government Accountability Office recommended + that the Commandant of the Coast Guard-- + (A) develop new performance goals relating to the + interdiction of illicit drugs smuggled into the United States, + or describe the manner in which existing goals are sufficient; + (B) report such goals to the public; + (C) assess the extent to which limitations in performance + data with respect to such goals are documented; + (D) document measurable corrective actions and + implementation timeframes with respect to such goals; and + (E) document efforts to monitor implementation of such + corrective actions. (b) Study.--The Secretary of the Department in which the Coast Guard is operating, in coordination with the Secretary of Defense and the heads of other relevant Federal agencies, shall conduct a study in @@ -67278,39 +72724,35 @@ is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection (b). Such report shall include-- - (1) a statement of the Coast Guard mission requirements for - drug interdiction in the Caribbean basin; - (2) the number of maritime surveillance hours and Coast - Guard assets used in each of fiscal years 2017 through 2019 to - counter the illicit trafficking of drugs and other related - threats throughout the Caribbean basin; and - (3) a determination of whether such hours and assets - satisfied the Coast Guard mission requirements for drug - interdiction in the Caribbean basin. + (1) a statement of the Coast Guard mission requirements for + drug interdiction in the Caribbean basin; + (2) the number of maritime surveillance hours and Coast Guard + assets used in each of fiscal years 2017 through 2019 to counter + the illicit trafficking of drugs and other related threats + throughout the Caribbean basin; and + (3) a determination of whether such hours and assets satisfied + the Coast Guard mission requirements for drug interdiction in the + Caribbean basin. (d) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. - -SEC. 9407. REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF THE OIL - POLLUTION ACT OF 1990. - +SEC. 8246. REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF THE OIL +POLLUTION ACT OF 1990. Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the following: - (1) Each liability limit set under section 1004 of the Oil - Pollution Act of 1990 (33 U.S.C. 2704), including the statutory - or regulatory authority establishing such limit. - (2) If the Commandant determines that any liability limit - listed in such section should be modified-- - (A) a description of the modification; - (B) a justification for such modification; and - (C) a recommendation for legislative or regulatory - action to achieve such modification. - -SEC. 9408. REPORT ON COAST GUARD DEFENSE READINESS RESOURCES - ALLOCATION. - + (1) Each liability limit set under section 1004 of the Oil + Pollution Act of 1990 (33 U.S.C. 2704), including the statutory or + regulatory authority establishing such limit. + (2) If the Commandant determines that any liability limit + listed in such section should be modified-- + (A) a description of the modification; + (B) a justification for such modification; and + (C) a recommendation for legislative or regulatory action + to achieve such modification. +SEC. 8247. REPORT ON COAST GUARD DEFENSE READINESS RESOURCES +ALLOCATION. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of @@ -67319,41 +72761,35 @@ and Transportation of the Senate a report on the allocation of resources by the Coast Guard to support its defense readiness mission. (b) Contents.--The report required by subsection (a) shall include the following elements: - (1) Funding levels allocated by the Coast Guard to support - defense readiness missions for each of the past 10 fiscal - years. - (2) Funding levels transferred or otherwise provided by the - Department of Defense to the Coast Guard in support of the - Coast Guard's defense readiness missions for each of the past - 10 fiscal years. - (3) The number of Coast Guard detachments assigned in - support of the Coast Guard's defense readiness mission for each - of the past 10 fiscal years. + (1) Funding levels allocated by the Coast Guard to support + defense readiness missions for each of the past 10 fiscal years. + (2) Funding levels transferred or otherwise provided by the + Department of Defense to the Coast Guard in support of the Coast + Guard's defense readiness missions for each of the past 10 fiscal + years. + (3) The number of Coast Guard detachments assigned in support + of the Coast Guard's defense readiness mission for each of the past + 10 fiscal years. (c) Assessment.--In addition to the elements detailed in subsection (b), the report shall include an assessment of the impacts on the Coast Guard's non-defense mission readiness and operational capabilities due to the annual levels of reimbursement provided by the Department of Defense to compensate the Coast Guard for its expenses to fulfill its defense readiness mission. - -SEC. 9409. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS FUELED - VESSELS. - +SEC. 8248. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS FUELED +VESSELS. Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the following: - (1) The feasibility, safety, and cost effectiveness of - using liquefied natural gas to fuel new Coast Guard vessels. - (2) The feasibility, safety, and cost effectiveness of - converting existing vessels to run on liquefied natural gas - fuels. - (3) The operational feasibility of using liquefied natural - gas to fuel Coast Guard vessels. - -SEC. 9410. COAST GUARD AUTHORITIES STUDY. - + (1) The feasibility, safety, and cost effectiveness of using + liquefied natural gas to fuel new Coast Guard vessels. + (2) The feasibility, safety, and cost effectiveness of + converting existing vessels to run on liquefied natural gas fuels. + (3) The operational feasibility of using liquefied natural gas + to fuel Coast Guard vessels. +SEC. 8249. COAST GUARD AUTHORITIES STUDY. (a) In General.--The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of @@ -67361,14 +72797,14 @@ the enactment of this Act under which the Academy shall prepare an assessment of Coast Guard authorities. (b) Assessment.--The assessment under subsection (a) shall provide-- - (1) an examination of emerging issues that may require - Coast Guard oversight, regulation, or action; - (2) a description of potential limitations and shortcomings - of relying on current Coast Guard authorities to address - emerging issues; and - (3) an overview of adjustments and additions that could be - made to existing Coast Guard authorities to fully address - emerging issues. + (1) an examination of emerging issues that may require Coast + Guard oversight, regulation, or action; + (2) a description of potential limitations and shortcomings of + relying on current Coast Guard authorities to address emerging + issues; and + (3) an overview of adjustments and additions that could be made + to existing Coast Guard authorities to fully address emerging + issues. (c) Report to the Congress.--Not later than 1 year after entering into an arrangement with the Secretary under subsection (a), the National Academy of Sciences shall submit to the Committee on @@ -67380,16 +72816,14 @@ means changes in the maritime industry and environment that in the determination of the National Academy of Sciences are reasonably likely to occur within 10 years after the date of the enactment of this Act, including-- - (1) the introduction of new technologies in the maritime - domain; - (2) the advent of new processes or operational activities - in the maritime domain; and - (3) changes in the use of navigable waterways. + (1) the introduction of new technologies in the maritime + domain; + (2) the advent of new processes or operational activities in + the maritime domain; and + (3) changes in the use of navigable waterways. (e) Form.--The assessment required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. - -SEC. 9411. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST GUARD. - +SEC. 8250. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST GUARD. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and @@ -67398,86 +72832,76 @@ report on vulnerabilities of Coast Guard installations and requirements resulting from climate change over the next 20 years. (b) Elements.--The report under subsection (a) shall include the following: - (1) A list of the 10 most vulnerable Coast Guard - installations based on the effects of climate change, including - rising sea tides, increased flooding, drought, desertification, - wildfires, thawing permafrost, or any other categories the - Commandant determines necessary. - (2) An overview of-- - (A) mitigations that may be necessary to ensure the - continued operational viability and to increase the - resiliency of the identified vulnerable installations; - and - (B) the cost of such mitigations. - (3) A discussion of the climate-change-related effects on - the Coast Guard, including-- - (A) the increase in the frequency of humanitarian - assistance and disaster relief missions; and - (B) campaign plans, contingency plans, and - operational posture of the Coast Guard. - (4) An overview of mitigations that may be necessary to - ensure mission resiliency and the cost of such mitigations. + (1) A list of the 10 most vulnerable Coast Guard installations + based on the effects of climate change, including rising sea tides, + increased flooding, drought, desertification, wildfires, thawing + permafrost, or any other categories the Commandant determines + necessary. + (2) An overview of-- + (A) mitigations that may be necessary to ensure the + continued operational viability and to increase the resiliency + of the identified vulnerable installations; and + (B) the cost of such mitigations. + (3) A discussion of the climate-change-related effects on the + Coast Guard, including-- + (A) the increase in the frequency of humanitarian + assistance and disaster relief missions; and + (B) campaign plans, contingency plans, and operational + posture of the Coast Guard. + (4) An overview of mitigations that may be necessary to ensure + mission resiliency and the cost of such mitigations. (c) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. - -SEC. 9412. SHORE INFRASTRUCTURE. - +SEC. 8251. SHORE INFRASTRUCTURE. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall-- - (1) develop a plan to standardize Coast Guard facility - condition assessments; - (2) establish shore infrastructure performance goals, - measures, and baselines to track the effectiveness of - maintenance and repair investments and provide feedback on - progress made; - (3) develop a process to routinely align the Coast Guard - shore infrastructure portfolio with mission needs, including - disposing of unneeded assets; - (4) establish guidance for planning boards to document - inputs, deliberations, and project prioritization decisions for - infrastructure maintenance projects; - (5) employ models for Coast Guard infrastructure asset - lines for-- - (A) predicting the outcome of investments in shore - infrastructure; - (B) analyzing tradeoffs; and - (C) optimizing decisions among competing - investments; - (6) include supporting details about competing project - alternatives and report tradeoffs in congressional budget - requests and related reports; and - (7) explore the development of real property management - expertise within the Coast Guard workforce, including members - of the Senior Executive Service. + (1) develop a plan to standardize Coast Guard facility + condition assessments; + (2) establish shore infrastructure performance goals, measures, + and baselines to track the effectiveness of maintenance and repair + investments and provide feedback on progress made; + (3) develop a process to routinely align the Coast Guard shore + infrastructure portfolio with mission needs, including disposing of + unneeded assets; + (4) establish guidance for planning boards to document inputs, + deliberations, and project prioritization decisions for + infrastructure maintenance projects; + (5) employ models for Coast Guard infrastructure asset lines + for-- + (A) predicting the outcome of investments in shore + infrastructure; + (B) analyzing tradeoffs; and + (C) optimizing decisions among competing investments; + (6) include supporting details about competing project + alternatives and report tradeoffs in congressional budget requests + and related reports; and + (7) explore the development of real property management + expertise within the Coast Guard workforce, including members of + the Senior Executive Service. (b) Briefing.--Not later than December 31, 2020, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the actions required under subsection (a). - -SEC. 9413. COAST GUARD HOUSING; STATUS AND AUTHORITIES BRIEFING. - +SEC. 8252. COAST GUARD HOUSING; STATUS AND AUTHORITIES BRIEFING. Not later than 180 days after the date of the enactment of this Act, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on Coast Guard housing, including-- - (1) a description of the material condition of Coast Guard - housing facilities; - (2) the amount of current Coast Guard housing construction - and deferred maintenance backlogs; - (3) an overview of the manner in which the Coast Guard - manages and maintains housing facilities; - (4) a discussion of whether reauthorizing housing - authorities for the Coast Guard similar to those provided in - section 208 of the Coast Guard Authorization Act of 1996 - (Public Law 104-324); and - (5) recommendations regarding how the Congress could adjust - those authorities to prevent mismanagement of Coast Guard - housing facilities. - -SEC. 9414. PHYSICAL ACCESS CONTROL SYSTEM REPORT. - + (1) a description of the material condition of Coast Guard + housing facilities; + (2) the amount of current Coast Guard housing construction and + deferred maintenance backlogs; + (3) an overview of the manner in which the Coast Guard manages + and maintains housing facilities; + (4) a discussion of whether reauthorizing housing authorities + for the Coast Guard similar to those provided in section 208 of the + Coast Guard Authorization Act of 1996 (Public Law 104-324); and + (5) recommendations regarding how the Congress could adjust + those authorities to prevent mismanagement of Coast Guard housing + facilities. +SEC. 8253. PHYSICAL ACCESS CONTROL SYSTEM REPORT. Not later 180 days after the date of the enactment of this Act, and annually for each of the 4 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the @@ -67486,93 +72910,80 @@ Transportation of the Senate a report regarding the status of the Coast Guard's compliance with Homeland Security Presidential Directive 12 (HSPD-12) and Federal Information Processing Standard 201 (FIPS-201), including-- - (1) the status of Coast Guard efforts to field a - comprehensive Physical Access Control System at Coast Guard - installations and locations necessary to bring the Service into - compliance with HSPD-12 and FIPS-201B; - (2) the status of the selection of a technological - solution; - (3) the estimated phases and timeframe to complete the - implementation of such a system; and - (4) the estimated cost for each phase of the project. - -SEC. 9415. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH - RESPECT TO VESSELS THAT CARRY BULK LIQUEFIED GASES AS - CARGO AND LIQUEFIED NATURAL GAS TANK VESSELS. - + (1) the status of Coast Guard efforts to field a comprehensive + Physical Access Control System at Coast Guard installations and + locations necessary to bring the Service into compliance with HSPD- + 12 and FIPS-201B; + (2) the status of the selection of a technological solution; + (3) the estimated phases and timeframe to complete the + implementation of such a system; and + (4) the estimated cost for each phase of the project. +SEC. 8254. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH +RESPECT TO VESSELS THAT CARRY BULK LIQUEFIED GASES AS CARGO AND +LIQUEFIED NATURAL GAS TANK VESSELS. (a) GAO Report.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Comptroller General of the - United States shall submit to the Committee on Commerce, - Science, and Transportation of the Senate and the Committee on - Transportation and Infrastructure of the House of - Representatives a report on the resources, regulations, - policies, protocols, and other actions designed to carry out - the Coast Guard Certificate of Compliance program with respect - to liquefied natural gas tank vessels (including examinations - under section 153.808 of title 46, Code of Federal Regulations) - and vessels that carry bulk liquefied gases as cargo (including - examinations under part 154 of title 46, Code of Federal - Regulations) for purposes of maintaining the efficiency of - examinations under that program. - (2) Contents.--The report under paragraph (1) shall include - an assessment of the adequacy of current Coast Guard resources, - regulations, policies, and protocols to maintain vessel - examination efficiency while carrying out the program referred - to in paragraph (1) as United States bulk liquefied gases - cargo, liquefied natural gas exports, and associated vessel - traffic at United States ports increase. + (1) In general.--Not later than 1 year after the date of the + enactment of this Act, the Comptroller General of the United States + shall submit to the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Transportation + and Infrastructure of the House of Representatives a report on the + resources, regulations, policies, protocols, and other actions + designed to carry out the Coast Guard Certificate of Compliance + program with respect to liquefied natural gas tank vessels + (including examinations under section 153.808 of title 46, Code of + Federal Regulations) and vessels that carry bulk liquefied gases as + cargo (including examinations under part 154 of title 46, Code of + Federal Regulations) for purposes of maintaining the efficiency of + examinations under that program. + (2) Contents.--The report under paragraph (1) shall include an + assessment of the adequacy of current Coast Guard resources, + regulations, policies, and protocols to maintain vessel examination + efficiency while carrying out the program referred to in paragraph + (1) as United States bulk liquefied gases cargo, liquefied natural + gas exports, and associated vessel traffic at United States ports + increase. (b) National Academies Study.-- - (1) In general.--Not later than 6 months after the date on - which the report required under subsection (a) is submitted, - the Commandant shall enter into an agreement with the National - Academies under which the National Academies shall-- - (A) conduct an evaluation of the constraints and - challenges to maintaining examination efficiency under - the program as United States bulk liquefied gases - cargo, liquefied natural gas exports, and associated - vessel traffic at United States ports increase; and - (B) issue recommendations for changes to resources, - regulations, policies, and protocols to maintain the - efficiency of the program, including analysis of the - following alternatives: - (i) Establishment of a Coast Guard marine - examination unit near the Panama Canal to - conduct inspections under the program on - liquefied natural gas tank vessels bound for - the United States, similar to Coast Guard - operations carried out by Coast Guard - Activities Europe and Coast Guard Activities - Far East, including the effects of the - establishment of such a unit on the domestic - aspects of the program. - (ii) Management of all marine examiners - with gas carrier qualification within each - Coast Guard District by a single Officer in - Charge, Marine Inspection (as defined in - section 50.10-10 of title 46, Code of Federal - Regulations) to improve the efficiency of their - vessel examination assignments. - (iii) Extension of the duration of - assignment of marine examiners with a gas - carrier qualification at Coast Guard units that - most frequently inspect vessels that carry bulk - liquefied gases as cargo and liquefied natural - gas tank vessels. - (iv) Increase in the use of civilians to - conduct and support examinations under the - program. - (v) Extension of the duration of - certificates of compliance under the program - for vessels that carry bulk liquefied gases as - cargo and liquefied natural gas tank vessels - that are less than 10 years of age and - participate in a Coast Guard vessel quality - program. - -SEC. 9416. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT - ON COAST GUARD'S INTERNATIONAL PORT SECURITY PROGRAM. - + (1) In general.--Not later than 6 months after the date on + which the report required under subsection (a) is submitted, the + Commandant shall enter into an agreement with the National + Academies under which the National Academies shall-- + (A) conduct an evaluation of the constraints and challenges + to maintaining examination efficiency under the program as + United States bulk liquefied gases cargo, liquefied natural gas + exports, and associated vessel traffic at United States ports + increase; and + (B) issue recommendations for changes to resources, + regulations, policies, and protocols to maintain the efficiency + of the program, including analysis of the following + alternatives: + (i) Establishment of a Coast Guard marine examination + unit near the Panama Canal to conduct inspections under the + program on liquefied natural gas tank vessels bound for the + United States, similar to Coast Guard operations carried + out by Coast Guard Activities Europe and Coast Guard + Activities Far East, including the effects of the + establishment of such a unit on the domestic aspects of the + program. + (ii) Management of all marine examiners with gas + carrier qualification within each Coast Guard District by a + single Officer in Charge, Marine Inspection (as defined in + section 50.10-10 of title 46, Code of Federal Regulations) + to improve the efficiency of their vessel examination + assignments. + (iii) Extension of the duration of assignment of marine + examiners with a gas carrier qualification at Coast Guard + units that most frequently inspect vessels that carry bulk + liquefied gases as cargo and liquefied natural gas tank + vessels. + (iv) Increase in the use of civilians to conduct and + support examinations under the program. + (v) Extension of the duration of certificates of + compliance under the program for vessels that carry bulk + liquefied gases as cargo and liquefied natural gas tank + vessels that are less than 10 years of age and participate + in a Coast Guard vessel quality program. +SEC. 8255. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT +ON COAST GUARD'S INTERNATIONAL PORT SECURITY PROGRAM. (a) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation @@ -67584,23 +72995,21 @@ Program, including the findings, and any recommendations for improvement of the program, of the Comptroller General. (b) Required Elements of Review.--The review required under subsection (a) shall include-- - (1) review of the actions of the Coast Guard under the - Coast Guard's International Port Security Program, since 2014, - to enhance foreign port inspections; - (2) review of the actions of the Coast Guard to recognize - and monitor port inspection programs of foreign governments; - (3) identification and review of the actions the Coast - Guard takes to address any deficiencies it observes during - visits at foreign ports; - (4) identify and review the benchmarks of the Coast Guard - for measuring the effectiveness of the program; and - (5) review of the extent to which the Coast Guard and - United States Customs and Border Protection coordinate efforts - to screen and inspect cargo at foreign ports. - -SEC. 9417. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT - ON SURGE CAPACITY OF THE COAST GUARD. - + (1) review of the actions of the Coast Guard under the Coast + Guard's International Port Security Program, since 2014, to enhance + foreign port inspections; + (2) review of the actions of the Coast Guard to recognize and + monitor port inspection programs of foreign governments; + (3) identification and review of the actions the Coast Guard + takes to address any deficiencies it observes during visits at + foreign ports; + (4) identify and review the benchmarks of the Coast Guard for + measuring the effectiveness of the program; and + (5) review of the extent to which the Coast Guard and United + States Customs and Border Protection coordinate efforts to screen + and inspect cargo at foreign ports. +SEC. 8256. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT +ON SURGE CAPACITY OF THE COAST GUARD. (a) GAO Report.--Not later than 60 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation @@ -67612,38 +73021,34 @@ catastrophic incident (such as a hurricane), including the findings, and any recommendations for improvement, of the Comptroller General. (b) Required Elements of Review.--The review required under subsection (a) shall include-- - (1) a description and review of each Coast Guard deployment - in response to a catastrophic incident after 2005; - (2) identification of best practices informed by the - deployments described in paragraph (1); - (3) a review of the ability of the surge force of the Coast - Guard to meet the demands of the response roles in which it was - serving during each deployment described in paragraph (1); - (4) identification of any statutory or regulatory - impediments, such as adaptability, planning, training, - mobilization, or information and resource integration, to the - surge capacity of the Coast Guard in response to a catastrophic - incident; - (5) review of the impacts of a surge of the Coast Guard in - response to a catastrophic incident on the capacity of the - Coast Guard to perform its statutory missions; - (6) review of the capability of the Coast Guard to surge in - response to concurrent or subsequent catastrophic incidents; - and - (7) review and description of existing voluntary and - involuntary deployments of Coast Guard personnel and assets in - support of a United States Customs and Border Protection - response to a national emergency (as defined in Presidential - Proclamation 9844) on the surge capacity of the Coast Guard in - the event of a catastrophic incident. + (1) a description and review of each Coast Guard deployment in + response to a catastrophic incident after 2005; + (2) identification of best practices informed by the + deployments described in paragraph (1); + (3) a review of the ability of the surge force of the Coast + Guard to meet the demands of the response roles in which it was + serving during each deployment described in paragraph (1); + (4) identification of any statutory or regulatory impediments, + such as adaptability, planning, training, mobilization, or + information and resource integration, to the surge capacity of the + Coast Guard in response to a catastrophic incident; + (5) review of the impacts of a surge of the Coast Guard in + response to a catastrophic incident on the capacity of the Coast + Guard to perform its statutory missions; + (6) review of the capability of the Coast Guard to surge in + response to concurrent or subsequent catastrophic incidents; and + (7) review and description of existing voluntary and + involuntary deployments of Coast Guard personnel and assets in + support of a United States Customs and Border Protection response + to a national emergency (as defined in Presidential Proclamation + 9844) on the surge capacity of the Coast Guard in the event of a + catastrophic incident. (c) Definitions.--In this section, the terms ``catastrophic incident'' and ``surge capacity'' have the meaning given such terms in section 602 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 701). - -SEC. 9418. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT - ON MARINE INSPECTIONS PROGRAM OF COAST GUARD. - +SEC. 8257. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT +ON MARINE INSPECTIONS PROGRAM OF COAST GUARD. (a) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation @@ -67655,68 +73060,63 @@ including the findings, and any recommendations for improvement of the program, of the Comptroller General. (b) Required Elements of Review.--The review required under subsection (a) shall include-- - (1) an analysis of the demand for marine inspectors; - (2) an identification of the number of fully qualified - marine inspectors; - (3) a determination of whether the number of marine - inspectors identified in paragraph (2) is sufficient to meet - the demand described in paragraph (1); - (4) a review of the enlisted marine inspector workforce - compared to the civilian marine inspector workforce and whether - there is any discernable distinction or impact between such - workforces in the performance of the marine safety mission; - (5) an evaluation of the training continuum of marine - inspectors; - (6) a description and review of what actions, if any, the - Coast Guard is taking to adapt to the current rise in United - States export of crude oil and other fuels, such as - implementing a safety inspection regime for barges; and - (7) an analysis of extending tours of duty for marine - inspectors and increasing the number of civilian marine - inspectors. - -SEC. 9419. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT - ON INFORMATION TECHNOLOGY PROGRAM OF COAST GUARD. - + (1) an analysis of the demand for marine inspectors; + (2) an identification of the number of fully qualified marine + inspectors; + (3) a determination of whether the number of marine inspectors + identified in paragraph (2) is sufficient to meet the demand + described in paragraph (1); + (4) a review of the enlisted marine inspector workforce + compared to the civilian marine inspector workforce and whether + there is any discernable distinction or impact between such + workforces in the performance of the marine safety mission; + (5) an evaluation of the training continuum of marine + inspectors; + (6) a description and review of what actions, if any, the Coast + Guard is taking to adapt to the current rise in United States + export of crude oil and other fuels, such as implementing a safety + inspection regime for barges; and + (7) an analysis of extending tours of duty for marine + inspectors and increasing the number of civilian marine inspectors. +SEC. 8258. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT +ON INFORMATION TECHNOLOGY PROGRAM OF COAST GUARD. (a) GAO Report.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Comptroller General of the - United States shall submit to the Committee on Commerce, - Science, and Transportation of the Senate and the Committee on - Transportation and Infrastructure of the House of - Representatives a report setting forth the results of a - comprehensive review, conducted by the Comptroller General for - purposes of the report, on the Coast Guard Command, Control, - Communications, Computers, Cyber, and Intelligence Service - Center, including the findings, and any recommendations for - improvement of the program, of the Comptroller General. - (2) Required elements of review.--The review required under - paragraph (1) shall include-- - (A) analysis of how the Coast Guard manages its - information technology program, including information - technology acquisitions, to meet its various mission - needs and reporting requirements; - (B) analysis of the adequacy of the physical - information technology infrastructure within Coast - Guard districts, including network infrastructure, for - meeting mission needs and reporting requirements; - (C) analysis of whether and, if so, how the Coast - Guard-- - (i) identifies and satisfies any knowledge - and skill requirements; and - (ii) recruits, trains, and develops its - information technology personnel; - (D) analysis of whether and, if so, how the Coast - Guard separates information technology from operational - technology for cybersecurity purposes; - (E) analysis of how the Coast Guard intends to - update its Marine Information for Safety and Law - Enforcement system, personnel, accounting and other - databases, and implement an electronic health records - system; and - (F) analysis of the goals and acquisition - strategies for all proposed Coast Guard enterprise-wide - cloud computing service procurements. + (1) In general.--Not later than 1 year after the date of the + enactment of this Act, the Comptroller General of the United States + shall submit to the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Transportation + and Infrastructure of the House of Representatives a report setting + forth the results of a comprehensive review, conducted by the + Comptroller General for purposes of the report, on the Coast Guard + Command, Control, Communications, Computers, Cyber, and + Intelligence Service Center, including the findings, and any + recommendations for improvement of the program, of the Comptroller + General. + (2) Required elements of review.--The review required under + paragraph (1) shall include-- + (A) analysis of how the Coast Guard manages its information + technology program, including information technology + acquisitions, to meet its various mission needs and reporting + requirements; + (B) analysis of the adequacy of the physical information + technology infrastructure within Coast Guard districts, + including network infrastructure, for meeting mission needs and + reporting requirements; + (C) analysis of whether and, if so, how the Coast Guard-- + (i) identifies and satisfies any knowledge and skill + requirements; and + (ii) recruits, trains, and develops its information + technology personnel; + (D) analysis of whether and, if so, how the Coast Guard + separates information technology from operational technology + for cybersecurity purposes; + (E) analysis of how the Coast Guard intends to update its + Marine Information for Safety and Law Enforcement system, + personnel, accounting and other databases, and implement an + electronic health records system; and + (F) analysis of the goals and acquisition strategies for + all proposed Coast Guard enterprise-wide cloud computing + service procurements. (b) Review on Cloud Computing.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of @@ -67724,60 +73124,54 @@ Representatives and the Committee on Commerce, Science, and Transportation of the Senate a detailed description of the Coast Guard's strategy to implement cloud computing for the entire Coast Guard, including-- - (1) the goals and acquisition strategies for all proposed - enterprise-wide cloud computing service procurements; - (2) a strategy to sustain competition and innovation - throughout the period of performance of each contract for - procurement of cloud-computing goods and services for the Coast - Guard, including defining opportunities for multiple cloud- - service providers and insertion of new technologies; - (3) an assessment of potential threats and security - vulnerabilities of the strategy, and plans to mitigate such - risks; and - (4) an estimate of the cost and timeline to implement cloud - computing service for all Coast Guard computing. - -SEC. 9420. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON - ACCESS TO HEALTH CARE BY MEMBERS OF COAST GUARD AND - DEPENDENTS. - + (1) the goals and acquisition strategies for all proposed + enterprise-wide cloud computing service procurements; + (2) a strategy to sustain competition and innovation throughout + the period of performance of each contract for procurement of + cloud-computing goods and services for the Coast Guard, including + defining opportunities for multiple cloud-service providers and + insertion of new technologies; + (3) an assessment of potential threats and security + vulnerabilities of the strategy, and plans to mitigate such risks; + and + (4) an estimate of the cost and timeline to implement cloud + computing service for all Coast Guard computing. +SEC. 8259. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON +ACCESS TO HEALTH CARE BY MEMBERS OF COAST GUARD AND DEPENDENTS. (a) Study.-- - (1) In general.--The Comptroller General of the United - States shall conduct a study that examines access to, - experience with, and needs under the TRICARE program of members - of the Coast Guard and their dependents. - (2) Elements.--The study conducted under paragraph (1) - shall analyze the following: - (A) The record of the TRICARE program in meeting - the standards for care for primary and specialty care - for members of the Coast Guard and dependents of those - members, including members stationed in remote units. - (B) The accuracy and update periodicity of lists of - providers under the TRICARE program in areas serving - Coast Guard families. - (C) The wait times under the TRICARE program for - appointments, specialty care, and referrals for members - of the Coast Guard and dependents of those members. - (D) The availability of providers under the TRICARE - program in remote locations, including providers for - mental health, juvenile specialty care, dental, and - female health. - (E) The access of members of the Coast Guard and - dependents of those members to services under the - TRICARE program in comparison to the access to such - services by personnel of the Department of Defense and - dependents of such personnel. - (F) The liaison assistance between members of the - Coast Guard and dependents of those members and the - TRICARE program provided by the Coast Guard in - comparison to such assistance provided by the - Department of Defense. - (G) How delayed access to care, timeliness of care, - and distance traveled to care may impact personnel - readiness of members of the Coast Guard. - (H) The regions particularly impacted by lack of - access to care and recommendations to address those - access issues. + (1) In general.--The Comptroller General of the United States + shall conduct a study that examines access to, experience with, and + needs under the TRICARE program of members of the Coast Guard and + their dependents. + (2) Elements.--The study conducted under paragraph (1) shall + analyze the following: + (A) The record of the TRICARE program in meeting the + standards for care for primary and specialty care for members + of the Coast Guard and dependents of those members, including + members stationed in remote units. + (B) The accuracy and update periodicity of lists of + providers under the TRICARE program in areas serving Coast + Guard families. + (C) The wait times under the TRICARE program for + appointments, specialty care, and referrals for members of the + Coast Guard and dependents of those members. + (D) The availability of providers under the TRICARE program + in remote locations, including providers for mental health, + care for children with special needs, child and adolescent + psychiatry, dental, and female health. + (E) The access of members of the Coast Guard and dependents + of those members to services under the TRICARE program in + comparison to the access to such services by personnel of the + Department of Defense and dependents of such personnel. + (F) The liaison assistance between members of the Coast + Guard and dependents of those members and the TRICARE program + provided by the Coast Guard in comparison to such assistance + provided by the Department of Defense. + (G) How delayed access to care, timeliness of care, and + distance traveled to care may impact personnel readiness of + members of the Coast Guard. + (H) The regions particularly impacted by lack of access to + care and recommendations to address those access issues. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee @@ -67789,71 +73183,57 @@ study required under subsection (a). (c) Definitions.--In this section, the terms ``dependent'' and ``TRICARE program'' have the meanings given such terms in section 1072 of title 10, United States Code. - -SEC. 9421. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON - MEDICAL STAFFING STANDARDS AND NEEDS FOR COAST GUARD. - +SEC. 8260. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON +MEDICAL STAFFING STANDARDS AND NEEDS FOR COAST GUARD. (a) Study.-- - (1) In general.--The Comptroller General of the United - States shall conduct a study that examines the health care - system of the Coast Guard. - (2) Elements.--The study conducted under paragraph (1) - shall analyze the following: - (A) The billets in clinics of the Coast Guard, - whether for personnel of the Coast Guard or otherwise, - including the number of billets, vacancies, and length - of vacancies. - (B) The wait times for patients to attain an - appointment for urgent care, routine physician care, - and dental care. - (C) The impact of billet vacancies on such wait - times. - (D) The ability of the Coast Guard to use other - medical personnel of the Department of Defense, - including physicians and physician assistants, to fill - provider vacancies for the Coast Guard. - (E) The barriers, if any, to improving coordination - and access to physicians within the health care system - of the Department of Defense. - (F) The accessibility and availability of - behavioral health medical personnel at clinics of the - Coast Guard, including personnel available for family - counseling, therapy, and other needs. - (G) The staffing models of clinics of the Coast - Guard, including recommendations to modernize such - models. - (H) The locations and needs of Coast Guard units - with or without clinics. - (I) How access to care models for members of the - Coast Guard are managed, including models with respect - to the time and distance traveled to receive care, the - cost of that travel, and alternate options to secure - care quickly and efficiently for members serving in - units without a clinic. + (1) In general.--The Comptroller General of the United States + shall conduct a study that examines the health care system of the + Coast Guard. + (2) Elements.--The study conducted under paragraph (1) shall + analyze the following: + (A) The billets in clinics of the Coast Guard, whether for + personnel of the Coast Guard or otherwise, including the number + of billets, vacancies, and length of vacancies. + (B) The wait times for patients to attain an appointment + for urgent care, routine physician care, and dental care. + (C) The impact of billet vacancies on such wait times. + (D) The barriers, if any, to improving coordination and + access to physicians within the health care system of the + Department of Defense. + (E) The accessibility and availability of behavioral health + medical personnel at clinics of the Coast Guard, including + personnel available for family counseling, therapy, and other + needs. + (F) The staffing models of clinics of the Coast Guard, + including recommendations to modernize such models. + (G) The locations and needs of Coast Guard units with or + without clinics. + (H) How access to care models for members of the Coast + Guard are managed, including models with respect to the time + and distance traveled to receive care, the cost of that travel, + and alternate options to secure care quickly and efficiently + for members serving in units without a clinic. (b) Report.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Comptroller General shall submit - to the Committee on Commerce, Science, and Transportation of - the Senate and the Committee on Transportation and - Infrastructure of the House of Representatives a report - containing the findings, conclusions, and recommendations from - the study required under subsection (a). - (2) Elements.--The report submitted under paragraph (1) - shall include the following: - (A) An identification of the number of members of - the Coast Guard and types of units of the Coast Guard - serviced by the health care system of the Coast Guard. - (B) An assessment of the ability of the Coast Guard - to conduct medical support at outlying units, including - remote units. - (C) An assessment of the capacity of the Coast - Guard to support surge operations using historical data - from the 10-year period preceding the date of the - report. - (D) An assessment of the impact to operations of - the Coast Guard by extended wait times or travel times - to receive care or other issues identified by the - report. + (1) In general.--Not later than 1 year after the date of the + enactment of this Act, the Comptroller General shall submit to the + Committee on Commerce, Science, and Transportation of the Senate + and the Committee on Transportation and Infrastructure of the House + of Representatives a report containing the findings, conclusions, + and recommendations from the study required under subsection (a). + (2) Elements.--The report submitted under paragraph (1) shall + include the following: + (A) An identification of the number of members of the Coast + Guard and types of units of the Coast Guard serviced by the + health care system of the Coast Guard. + (B) An assessment of the ability of the Coast Guard to + conduct medical support at outlying units, including remote + units. + (C) An assessment of the capacity of the Coast Guard to + support surge operations using historical data from the 10-year + period preceding the date of the report. + (D) An assessment of the impact to operations of the Coast + Guard by extended wait times or travel times to receive care or + other issues identified by the report. (c) Recommendations.--Not later than 90 days after the date on which the report is submitted under subsection (b), the Commandant shall submit to the Committee on Commerce, Science, and Transportation @@ -67864,10 +73244,8 @@ conclusion contained in the report, including recommendations for health service technicians, flight surgeons, physician assistants, dentists, dental hygienists, family advocate services, pharmacists, and administrators, and other recommendations, as appropriate. - -SEC. 9422. REPORT ON FAST RESPONSE CUTTERS, OFFSHORE PATROL CUTTERS, - AND NATIONAL SECURITY CUTTERS. - +SEC. 8261. REPORT ON FAST RESPONSE CUTTERS, OFFSHORE PATROL CUTTERS, +AND NATIONAL SECURITY CUTTERS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee @@ -67877,68 +73255,62 @@ Cutters, and National Security Cutters necessary to carry out Coast Guard missions. (b) Elements.--The report required by subsection (a) shall include-- - (1) an updated cost estimate for each type of cutter - described in such subsection; and - (2) a cost estimate for a Sensitive Compartmented - Information Facility outfitted to manage data in a manner - equivalent to the National Security Cutter Sensitive - Compartmented Information Facilities. + (1) an updated cost estimate for each type of cutter described + in such subsection; and + (2) a cost estimate for a Sensitive Compartmented Information + Facility outfitted to manage data in a manner equivalent to the + National Security Cutter Sensitive Compartmented Information + Facilities. Subtitle E--Coast Guard Academy Improvement Act -SEC. 9501. SHORT TITLE. - +SEC. 8271. SHORT TITLE. This subtitle may be cited as the ``Coast Guard Academy Improvement Act''. - -SEC. 9502. COAST GUARD ACADEMY STUDY. - +SEC. 8272. COAST GUARD ACADEMY STUDY. (a) In General.--The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration not later than 60 days after the date of the enactment of the this Act under which the National Academy of Public Administration shall-- - (1) conduct an assessment of the cultural competence of the - Coast Guard Academy as an organization and of individuals at - the Coast Guard Academy to carry out effectively the primary - duties of the United States Coast Guard listed in section 102 - of title 14, United States Code, when interacting with - individuals of different races, ethnicities, genders, - religions, sexual orientations, socioeconomic backgrounds, or - from different geographic origins; and - (2) issue recommendations based upon the findings in such - assessment. + (1) conduct an assessment of the cultural competence of the + Coast Guard Academy as an organization and of individuals at the + Coast Guard Academy to carry out effectively the primary duties of + the United States Coast Guard listed in section 102 of title 14, + United States Code, when interacting with individuals of different + races, ethnicities, genders, religions, sexual orientations, + socioeconomic backgrounds, or from different geographic origins; + and + (2) issue recommendations based upon the findings in such + assessment. (b) Assessment of Cultural Competence.-- - (1) Cultural competence of the coast guard academy.--The - arrangement described in subsection (a) shall require the - National Academy of Public Administration to, not later than 1 - year after entering into an arrangement with the Secretary - under subsection (a), submit to the Committee on Transportation - and Infrastructure of the House of Representatives and the - Committee on Commerce, Science, and Transportation of the - Senate the assessment described under subsection (a)(1). - (2) Assessment scope.--The assessment described under - subsection (a)(1) shall-- - (A) describe the level of cultural competence - described in subsection (a)(1) based on the National - Academy of Public Administration's assessment of the - Coast Guard Academy's relevant practices, policies, and - structures, including an overview of discussions with - faculty, staff, students, and relevant Coast Guard - Academy affiliated organizations; - (B) examine potential changes which could be used - to further enhance such cultural competence by-- - (i) modifying institutional practices, - policies, and structures; and - (ii) any other changes deemed appropriate - by the National Academy of Public - Administration; and - (C) make recommendations to enhance the cultural - competence of the Coast Guard Academy described in - subparagraph (A), including any specific plans, - policies, milestones, performance measures, or other - information necessary to implement such - recommendations. + (1) Cultural competence of the coast guard academy.--The + arrangement described in subsection (a) shall require the National + Academy of Public Administration to, not later than 1 year after + entering into an arrangement with the Secretary under subsection + (a), submit to the Committee on Transportation and Infrastructure + of the House of Representatives and the Committee on Commerce, + Science, and Transportation of the Senate the assessment described + under subsection (a)(1). + (2) Assessment scope.--The assessment described under + subsection (a)(1) shall-- + (A) describe the level of cultural competence described in + subsection (a)(1) based on the National Academy of Public + Administration's assessment of the Coast Guard Academy's + relevant practices, policies, and structures, including an + overview of discussions with faculty, staff, students, and + relevant Coast Guard Academy affiliated organizations; + (B) examine potential changes which could be used to + further enhance such cultural competence by-- + (i) modifying institutional practices, policies, and + structures; and + (ii) any other changes deemed appropriate by the + National Academy of Public Administration; and + (C) make recommendations to enhance the cultural competence + of the Coast Guard Academy described in subparagraph (A), + including any specific plans, policies, milestones, performance + measures, or other information necessary to implement such + recommendations. (c) Final Action Memorandum.--Not later than 6 months after submission of the assessment under subsection (b)(1), the Commandant of the Coast Guard shall submit to the Committee on Transportation and @@ -67953,56 +73325,48 @@ the ability of the Coast Guard to carry out the primary duties of the United States Coast Guard listed in section 102 of title 14, United States Code. (d) Plan.-- - (1) In general.--Not later than 6 months after the date of - the submission of the final action memorandum required under - subsection (c), the Commandant, in coordination with the Chief - Human Capital Officer of the Department of Homeland Security, - shall submit a plan to carry out the recommendations or the - parts of the recommendations accepted in the final action - memorandum to the Committee on Transportation and - Infrastructure of the House of Representatives and the - Committee on Commerce, Science, and Transportation of the - Senate. - (2) Strategy with milestones.--If any recommendation or - parts of recommendations accepted in the final action - memorandum address any of the following actions, then the plan - required in paragraph (1) shall include a strategy with - appropriate milestones to carry out such recommendations or - parts of recommendations: - (A) Improve outreach and recruitment of a more - diverse Coast Guard Academy cadet candidate pool based - on race, ethnicity, gender, religion, sexual - orientation, socioeconomic background, and geographic - origin. - (B) Modify institutional structures, practices, and - policies to foster a more diverse cadet corps body, - faculty, and staff workforce based on race, ethnicity, - gender, religion, sexual orientation, socioeconomic - background, and geographic origin. - (C) Modify existing or establish new policies and - safeguards to foster the retention of cadets, faculty, - and staff of different races, ethnicities, genders, - religions, sexual orientations, socioeconomic - backgrounds, and geographic origins at the Coast Guard - Academy. - (D) Restructure the admissions office of the Coast - Guard Academy to be headed by a civilian with - significant relevant higher education recruitment - experience. - (3) Implementation.--Unless otherwise directed by an Act of - Congress, the Commandant shall begin implementation of the plan - developed under this subsection not later than 180 days after - the submission of such plan to Congress. - (4) Update.--The Commandant shall include in the first - annual report required under chapter 51 of title 14, United - States Code, as amended by this division, submitted after the - date of enactment of this section, the strategy with milestones - required in paragraph (2) and shall report annually thereafter - on actions taken and progress made in the implementation of - such plan. - -SEC. 9503. ANNUAL REPORT. - + (1) In general.--Not later than 6 months after the date of the + submission of the final action memorandum required under subsection + (c), the Commandant, in coordination with the Chief Human Capital + Officer of the Department of Homeland Security, shall submit a plan + to carry out the recommendations or the parts of the + recommendations accepted in the final action memorandum to the + Committee on Transportation and Infrastructure of the House of + Representatives and the Committee on Commerce, Science, and + Transportation of the Senate. + (2) Strategy with milestones.--If any recommendation or parts + of recommendations accepted in the final action memorandum address + any of the following actions, then the plan required in paragraph + (1) shall include a strategy with appropriate milestones to carry + out such recommendations or parts of recommendations: + (A) Improve outreach and recruitment of a more diverse + Coast Guard Academy cadet candidate pool based on race, + ethnicity, gender, religion, sexual orientation, socioeconomic + background, and geographic origin. + (B) Modify institutional structures, practices, and + policies to foster a more diverse cadet corps body, faculty, + and staff workforce based on race, ethnicity, gender, religion, + sexual orientation, socioeconomic background, and geographic + origin. + (C) Modify existing or establish new policies and + safeguards to foster the retention of cadets, faculty, and + staff of different races, ethnicities, genders, religions, + sexual orientations, socioeconomic backgrounds, and geographic + origins at the Coast Guard Academy. + (D) Restructure the admissions office of the Coast Guard + Academy to be headed by a civilian with significant relevant + higher education recruitment experience. + (3) Implementation.--Unless otherwise directed by an Act of + Congress, the Commandant shall begin implementation of the plan + developed under this subsection not later than 180 days after the + submission of such plan to Congress. + (4) Update.--The Commandant shall include in the first annual + report required under chapter 51 of title 14, United States Code, + as amended by this division, submitted after the date of enactment + of this section, the strategy with milestones required in paragraph + (2) and shall report annually thereafter on actions taken and + progress made in the implementation of such plan. +SEC. 8273. ANNUAL REPORT. Chapter 51 of title 14, United States Code, is further amended by adding at the end the following: ``Sec. 5111. Report on diversity at Coast Guard Academy @@ -68013,80 +73377,73 @@ Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(b) Contents.--The report required under subsection (a) shall include-- - ``(1) the status of the implementation of the plan required - under section 9502 of the Elijah E. Cummings Coast Guard - Authorization Act of 2020; - ``(2) specific information on outreach and recruitment - activities for the preceding year, including the effectiveness - of the Coast Guard Academy minority outreach team program - described under section 1905 and of outreach and recruitment - activities in the territories and other possessions of the - United States; - ``(3) enrollment information about the incoming class, - including the gender, race, ethnicity, religion, socioeconomic - background, and State of residence of Coast Guard Academy - cadets; - ``(4) information on class retention, outcomes, and - graduation rates, including the race, gender, ethnicity, - religion, socioeconomic background, and State of residence of - Coast Guard Academy cadets; - ``(5) information on efforts to retain diverse cadets, - including through professional development and professional - advancement programs for staff and faculty; and - ``(6) a summary of reported allegations of discrimination - on the basis of race, color, national origin, sex, gender, or - religion for the preceding 5 years.''. - -SEC. 9504. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES. - + ``(1) the status of the implementation of the plan required + under section 8272 of the Elijah E. Cummings Coast Guard + Authorization Act of 2020; + ``(2) specific information on outreach and recruitment + activities for the preceding year, including the effectiveness of + the Coast Guard Academy minority outreach team program described + under section 1905 and of outreach and recruitment activities in + the territories and other possessions of the United States; + ``(3) enrollment information about the incoming class, + including the gender, race, ethnicity, religion, socioeconomic + background, and State of residence of Coast Guard Academy cadets; + ``(4) information on class retention, outcomes, and graduation + rates, including the race, gender, ethnicity, religion, + socioeconomic background, and State of residence of Coast Guard + Academy cadets; + ``(5) information on efforts to retain diverse cadets, + including through professional development and professional + advancement programs for staff and faculty; and + ``(6) a summary of reported allegations of discrimination on + the basis of race, color, national origin, sex, gender, or religion + for the preceding 5 years.''. +SEC. 8274. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES. (a) In General.--The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration under which the National Academy of Public Administration shall, not later than 1 year after -submitting an assessment under section 9502(a), submit to the Committee +submitting an assessment under section 8272(a), submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an assessment of the Coast Guard Academy admissions process. (b) Assessment Scope.--The assessment required to be sought under subsection (a) shall, at a minimum, include-- - (1) a study, or an audit if appropriate, of the process the - Coast Guard Academy uses to-- - (A) identify candidates for recruitment; - (B) recruit applicants; - (C) assist applicants in the application process; - (D) evaluate applications; and - (E) make admissions decisions; - (2) discussion of the consideration during the admissions - process of diversity, including-- - (A) race; - (B) ethnicity; - (C) gender; - (D) religion; - (E) sexual orientation; - (F) socioeconomic background; and - (G) geographic origin; - (3) an overview of the admissions processes at other - Federal service academies, including-- - (A) discussion of consideration of diversity, - including any efforts to attract a diverse pool of - applicants, in those processes; and - (B) an analysis of how the congressional - nominations requirement in current law related to - military service academies and the Merchant Marine - Academy impacts those processes and the overall - demographics of the student bodies at those academies; - (4) a determination regarding how a congressional - nominations requirement for Coast Guard Academy admissions - could impact diversity among the student body and the ability - of the Coast Guard to carry out effectively the Service's - primary duties described in section 102 of title 14, United - States Code; and - (5) recommendations for improving Coast Guard Academy - admissions processes, including whether a congressional - nominations process should be integrated into such processes. - -SEC. 9505. COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM. - + (1) a study, or an audit if appropriate, of the process the + Coast Guard Academy uses to-- + (A) identify candidates for recruitment; + (B) recruit applicants; + (C) assist applicants in the application process; + (D) evaluate applications; and + (E) make admissions decisions; + (2) discussion of the consideration during the admissions + process of diversity, including-- + (A) race; + (B) ethnicity; + (C) gender; + (D) religion; + (E) sexual orientation; + (F) socioeconomic background; and + (G) geographic origin; + (3) an overview of the admissions processes at other Federal + service academies, including-- + (A) discussion of consideration of diversity, including any + efforts to attract a diverse pool of applicants, in those + processes; and + (B) an analysis of how the congressional nominations + requirement in current law related to military service + academies and the Merchant Marine Academy impacts those + processes and the overall demographics of the student bodies at + those academies; + (4) a determination regarding how a congressional nominations + requirement for Coast Guard Academy admissions could impact + diversity among the student body and the ability of the Coast Guard + to carry out effectively the Service's primary duties described in + section 102 of title 14, United States Code; and + (5) recommendations for improving Coast Guard Academy + admissions processes, including whether a congressional nominations + process should be integrated into such processes. +SEC. 8275. COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM. (a) In General.--Chapter 19 of title 14, United States Code, is further amended by inserting after section 1904 (as amended by this division) the following: @@ -68103,26 +73460,24 @@ Commandant, in consultation with Program volunteers and Academy alumni that participated in prior programs at the Academy similar to the Program, shall appoint a permanent civilian position at the Academy to administer the Program by, among other things-- - ``(1) overseeing administration of the Program; - ``(2) serving as a resource to volunteers and outside - stakeholders; - ``(3) advising Academy leadership on recruitment and - retention efforts based on recommendations from volunteers and - outside stakeholders; - ``(4) establishing strategic goals and performance metrics - for the Program with input from active volunteers and Academy - leadership; and - ``(5) reporting annually to the Commandant on academic year - and performance outcomes of the goals for the Program before - the end of each academic year.''. + ``(1) overseeing administration of the Program; + ``(2) serving as a resource to volunteers and outside + stakeholders; + ``(3) advising Academy leadership on recruitment and retention + efforts based on recommendations from volunteers and outside + stakeholders; + ``(4) establishing strategic goals and performance metrics for + the Program with input from active volunteers and Academy + leadership; and + ``(5) reporting annually to the Commandant on academic year and + performance outcomes of the goals for the Program before the end of + each academic year.''. (b) Clerical Amendment.--The analysis for chapter 19 of title 14, United States Code, is further amended by inserting after the item relating to section 1904 (as amended by this division) the following: ``1905. Coast Guard Academy minority outreach team program.''. - -SEC. 9506. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING INITIATIVE. - +SEC. 8276. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING INITIATIVE. (a) In General.--Subchapter I of chapter 21 of title 14, United States Code, is further amended by adding at the end the following: ``Sec. 2131. College student pre-commissioning initiative @@ -68134,65 +73489,58 @@ Guard. ``(b) Criteria for Selection.--To be eligible for the Program a student must meet the following requirements upon submitting an application: - ``(1) Age.--A student must be not less than 19 years old - and not more than 27 years old as of September 30 of the fiscal - year in which the Program selection panel selecting such - student convenes. - ``(2) Character.-- - ``(A) All applicants.--All applicants must be of - outstanding moral character and meet other character - requirements as set forth by the Commandant. - ``(B) Coast guard applicants.--An applicant serving - in the Coast Guard may not be commissioned if in the 36 - months prior to the first Officer Candidate School - class convening date in the selection cycle, such - applicant was convicted by a court-martial or awarded - nonjudicial punishment, or did not meet performance or - character requirements set forth by the Commandant. - ``(3) Citizenship.--A student must be a United States - citizen. - ``(4) Clearance.--A student must be eligible for a secret - clearance. - ``(5) Dependency.-- - ``(A) In general.--A student may not have more than - 2 dependents. - ``(B) Sole custody.--A student who is single may - not have sole or primary custody of dependents. - ``(6) Education.-- - ``(A) Institution.--A student must be an - undergraduate sophomore or junior-- - ``(i) at a historically Black college or - university described in section 322(2) of the - Higher Education Act of 1965 (20 U.S.C. - 1061(2)) or an institution of higher education - described in section 371(a) of the Higher - Education Act of 1965 (20 U.S.C. 1067q(a)); or - ``(ii) an undergraduate sophomore or junior - enrolled at an institution of higher education - (as defined in section 101 of the Higher - Education Act of 1965 (20 U.S.C. 1001)) that, - at the time of application of the sophomore or - junior, has had for 3 consecutive years an - enrollment of undergraduate full-time - equivalent students (as defined in section - 312(e) of such Act (20 U.S.C. 1058(e))) that is - a total of at least 50 percent Black American, - Hispanic, Asian American (as defined in section - 371(c) of such Act (20 U.S.C. 1067q(c))), - Native American Pacific Islander (as defined in - such section), or Native American (as defined - in such section), among other criteria, as - determined by the Commandant. - ``(B) Location.--The institution at which such - student is an undergraduate must be within 100 miles of - a Coast guard unit or Coast Guard Recruiting Office - unless otherwise approved by the Commandant. - ``(C) Records.--A student must meet credit and - grade point average requirements set forth by the - Commandant. - ``(7) Medical and administrative.--A student must meet - other medical and administrative requirements as set forth by + ``(1) Age.--A student must be not less than 19 years old and + not more than 27 years old as of September 30 of the fiscal year in + which the Program selection panel selecting such student convenes. + ``(2) Character.-- + ``(A) All applicants.--All applicants must be of + outstanding moral character and meet other character + requirements as set forth by the Commandant. + ``(B) Coast guard applicants.--An applicant serving in the + Coast Guard may not be commissioned if in the 36 months prior + to the first Officer Candidate School class convening date in + the selection cycle, such applicant was convicted by a court- + martial or awarded nonjudicial punishment, or did not meet + performance or character requirements set forth by the + Commandant. + ``(3) Citizenship.--A student must be a United States citizen. + ``(4) Clearance.--A student must be eligible for a secret + clearance. + ``(5) Dependency.-- + ``(A) In general.--A student may not have more than 2 + dependents. + ``(B) Sole custody.--A student who is single may not have + sole or primary custody of dependents. + ``(6) Education.-- + ``(A) Institution.--A student must be an undergraduate + sophomore or junior-- + ``(i) at a historically Black college or university + described in section 322(2) of the Higher Education Act of + 1965 (20 U.S.C. 1061(2)) or an institution of higher + education described in section 371(a) of the Higher + Education Act of 1965 (20 U.S.C. 1067q(a)); or + ``(ii) an undergraduate sophomore or junior enrolled at + an institution of higher education (as defined in section + 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) + that, at the time of application of the sophomore or + junior, has had for 3 consecutive years an enrollment of + undergraduate full-time equivalent students (as defined in + section 312(e) of such Act (20 U.S.C. 1058(e))) that is a + total of at least 50 percent Black American, Hispanic, + Asian American (as defined in section 371(c) of such Act + (20 U.S.C. 1067q(c))), Native American Pacific Islander (as + defined in such section), or Native American (as defined in + such section), among other criteria, as determined by the + Commandant. + ``(B) Location.--The institution at which such student is + an undergraduate must be within 100 miles of a Coast guard unit + or Coast Guard Recruiting Office unless otherwise approved by the Commandant. + ``(C) Records.--A student must meet credit and grade point + average requirements set forth by the Commandant. + ``(7) Medical and administrative.--A student must meet other + medical and administrative requirements as set forth by the + Commandant. ``(c) Enlistment and Obligation.--Individuals selected and accept to participate in the Program shall enlist in the Coast Guard in pay grade E-3 with a 4-year duty obligation and 4-year inactive Reserve @@ -68208,61 +73556,54 @@ School that commences after the date of such graduate's graduation. School, Program graduates shall be discharged from enlisted status and commissioned as an O-1 with an initial 3-year duty obligation. ``(g) Briefing.-- - ``(1) In general.--Not later than August 15 of each year, - the Commandant shall provide a briefing to the Committee on - Transportation and Infrastructure of the House of - Representatives and the Committee on Commerce, Science, and - Transportation of the Senate on the Program. - ``(2) Contents.--The briefing required under paragraph (1) - shall describe-- - ``(A) outreach and recruitment efforts over the - previous year; and - ``(B) demographic information of enrollees - including-- - ``(i) race; - ``(ii) ethnicity; - ``(iii) gender; - ``(iv) geographic origin; and - ``(v) educational institution.''. + ``(1) In general.--Not later than August 15 of each year, the + Commandant shall provide a briefing to the Committee on + Transportation and Infrastructure of the House of Representatives + and the Committee on Commerce, Science, and Transportation of the + Senate on the Program. + ``(2) Contents.--The briefing required under paragraph (1) + shall describe-- + ``(A) outreach and recruitment efforts over the previous + year; and + ``(B) demographic information of enrollees including-- + ``(i) race; + ``(ii) ethnicity; + ``(iii) gender; + ``(iv) geographic origin; and + ``(v) educational institution.''. (b) Clerical Amendment.--The analysis chapter 21 of title 14, United States Code, is amended by inserting after the item relating to section 2130 (as added by this division) the following: ``2131. College student pre-commissioning initiative.''. - -SEC. 9507. ANNUAL BOARD OF VISITORS. - +SEC. 8277. ANNUAL BOARD OF VISITORS. Section 1903(d) of title 14, United States Code, is amended-- - (1) by redesignating paragraphs (2) through (6) as - paragraphs (3) through (7), respectively; and - (2) by inserting after paragraph (1) the following: - ``(2) recruitment and retention, including diversity, - inclusion, and issues regarding women specifically;''. - -SEC. 9508. HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM - AT COAST GUARD ACADEMY. - + (1) by redesignating paragraphs (2) through (6) as paragraphs + (3) through (7), respectively; and + (2) by inserting after paragraph (1) the following: + ``(2) recruitment and retention, including diversity, + inclusion, and issues regarding women specifically;''. +SEC. 8278. HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM +AT COAST GUARD ACADEMY. (a) In General.--Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the following: - -``SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM. - + ``SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM. ``To enhance the Department's cybersecurity capacity, the Secretary may establish a rotational research, development, and training program for-- - ``(1) detail to the Cybersecurity and Infrastructure - Security Agency (including the national cybersecurity and - communications integration center authorized by section 2209) - of Coast Guard Academy graduates and faculty; and - ``(2) detail to the Coast Guard Academy, as faculty, of - individuals with expertise and experience in cybersecurity who - are employed by-- - ``(A) the Agency (including the center); - ``(B) the Directorate of Science and Technology; or - ``(C) institutions that have been designated by the - Department as a Center of Excellence for Cyber Defense, - or the equivalent.''. + ``(1) detail to the Cybersecurity and Infrastructure Security + Agency (including the national cybersecurity and communications + integration center authorized by section 2209) of Coast Guard + Academy graduates and faculty; and + ``(2) detail to the Coast Guard Academy, as faculty, of + individuals with expertise and experience in cybersecurity who are + employed by-- + ``(A) the Agency (including the center); + ``(B) the Directorate of Science and Technology; or + ``(C) institutions that have been designated by the + Department as a Center of Excellence for Cyber Defense, or the + equivalent.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end of the items relating to subtitle E of such Act the @@ -68272,8 +73613,7 @@ following: Subtitle F--Other Matters -SEC. 9601. STRATEGY ON LEADERSHIP OF COAST GUARD. - +SEC. 8281. STRATEGY ON LEADERSHIP OF COAST GUARD. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall develop and make available to the public @@ -68281,41 +73621,37 @@ a strategy to improve leadership development in the Coast Guard, including mechanisms to address counterproductive leadership in the Coast Guard. (b) Elements.--The strategy shall include the following: - (1) Mechanisms to foster positive and productive leadership - qualities in emerging Coast Guard leaders, beginning, at - minimum, members at grade O-2 for officers, members at grade E- - 6 for enlisted members, and members training to become an - officer in charge. - (2) Mechanisms for the ongoing evaluation of unit - commanders, including identification of counterproductive - leadership qualities in commanders. - (3) Formal training on the recognition of counterproductive - leadership qualities (in self and others), including at - leadership seminars and school houses in the Coast Guard, - including means to correct such qualities. - (4) Clear and transparent policies on standards for command - climate, leadership qualities, and inclusion. - (5) Policy to ensure established and emerging leaders have - access to hands-on training and tools to improve diversity and - inclusion. - (6) Policy and procedures for commanders to identify and - hold accountable counterproductive leaders. + (1) Mechanisms to foster positive and productive leadership + qualities in emerging Coast Guard leaders, beginning, at minimum, + members at grade O-2 for officers, members at grade E-6 for + enlisted members, and members training to become an officer in + charge. + (2) Mechanisms for the ongoing evaluation of unit commanders, + including identification of counterproductive leadership qualities + in commanders. + (3) Formal training on the recognition of counterproductive + leadership qualities (in self and others), including at leadership + seminars and school houses in the Coast Guard, including means to + correct such qualities. + (4) Clear and transparent policies on standards for command + climate, leadership qualities, and inclusion. + (5) Policy to ensure established and emerging leaders have + access to hands-on training and tools to improve diversity and + inclusion. + (6) Policy and procedures for commanders to identify and hold + accountable counterproductive leaders. (c) Counterproductive Leadership Defined.--In this section, the term ``counterproductive leadership'' has the meaning given that term for purposes of Army Doctrine Publication 6-22. - -SEC. 9602. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT; DEPENDENTS OF - MEMBERS OF THE COAST GUARD. - +SEC. 8282. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT; DEPENDENTS OF +MEMBERS OF THE COAST GUARD. Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish a policy to allow the transfer of a member of the Coast Guard whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim. - -SEC. 9603. ACCESS TO RESOURCES DURING CREOSOTE-RELATED BUILDING - CLOSURES AT COAST GUARD BASE SEATTLE, WASHINGTON. - +SEC. 8283. ACCESS TO RESOURCES DURING CREOSOTE-RELATED BUILDING +CLOSURES AT COAST GUARD BASE SEATTLE, WASHINGTON. (a) In General.--With respect to the creosote-related building closures at Coast Guard Base Seattle, Washington, the Commandant shall, to the maximum extent practicable, enter into 1 or more agreements or @@ -68325,9 +73661,7 @@ such closures. (b) Briefing.--Not later than 60 days after the date of the enactment of this Act, the Commandant shall brief Congress with respect to actions taken by the Commandant to comply with subsection (a). - -SEC. 9604. SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT. - +SEC. 8284. SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT. (a) Report and Action Plan on Orca Enforcement Opportunities.--Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Under Secretary of Commerce for @@ -68345,50 +73679,45 @@ the Under Secretary of Commerce for Oceans and Atmosphere, shall undertake efforts to reduce vessel noise impacts on Southern resident orcas in Puget Sound, the Salish Sea, and the Strait of Juan de Fuca. (c) Program.-- - (1) In general.--The Commandant shall-- - (A) support the development, implementation, and - enforcement of commercial vessel noise reduction - measures that are technically feasible and economically - achievable; - (B) establish procedures for timely communication - of information to commercial vessel operators regarding - orca sightings in Puget Sound and make navigational - safety recommendations in accordance with the - Cooperative Vessel Traffic Service Agreement; and - (C) collaborate on studies or trials analyzing - vessel noise impacts on Southern resident orcas. - (2) Vessel noise impacts.--The Undersecretary of Commerce - for Oceans and Atmosphere shall assess vessel noise impacts on - Southern resident orcas in the program area and make - recommendations to reduce that noise and noise related impacts - to Southern resident orcas to the Commandant. - (3) Coordination.--In carrying out this section, the - Commandant shall coordinate with Canadian agencies affiliated - with the Enhancing Cetacean Habitat and Observation (ECHO) - program and other international organizations as appropriate. - (4) Consultation.--In carrying out this section, the - Commandant and the Undersecretary of Commerce for Oceans and - Atmosphere shall consult with State, local, and Tribal - governments and maritime industry and conservation stakeholders - including ports, higher education institutions, and - nongovernmental organizations. - -SEC. 9605. SENSE OF CONGRESS AND REPORT ON IMPLEMENTATION OF POLICY ON - ISSUANCE OF WARRANTS AND SUBPOENAS AND WHISTLEBLOWER - PROTECTIONS BY AGENTS OF THE COAST GUARD INVESTIGATIVE - SERVICE. - + (1) In general.--The Commandant shall-- + (A) support the development, implementation, and + enforcement of commercial vessel noise reduction measures that + are technically feasible and economically achievable; + (B) establish procedures for timely communication of + information to commercial vessel operators regarding orca + sightings in Puget Sound and make navigational safety + recommendations in accordance with the Cooperative Vessel + Traffic Service Agreement; and + (C) collaborate on studies or trials analyzing vessel noise + impacts on Southern resident orcas. + (2) Vessel noise impacts.--The Undersecretary of Commerce for + Oceans and Atmosphere shall assess vessel noise impacts on Southern + resident orcas in the program area and make recommendations to + reduce that noise and noise related impacts to Southern resident + orcas to the Commandant. + (3) Coordination.--In carrying out this section, the Commandant + shall coordinate with Canadian agencies affiliated with the + Enhancing Cetacean Habitat and Observation (ECHO) program and other + international organizations as appropriate. + (4) Consultation.--In carrying out this section, the Commandant + and the Undersecretary of Commerce for Oceans and Atmosphere shall + consult with State, local, and Tribal governments and maritime + industry and conservation stakeholders including ports, higher + education institutions, and nongovernmental organizations. +SEC. 8285. SENSE OF CONGRESS AND REPORT ON IMPLEMENTATION OF POLICY ON +ISSUANCE OF WARRANTS AND SUBPOENAS AND WHISTLEBLOWER PROTECTIONS BY +AGENTS OF THE COAST GUARD INVESTIGATIVE SERVICE. (a) Sense of Congress.--It is the sense of Congress that-- - (1) Coast Guard components with investigative authority - should exercise such authority with due respect for the rights - of whistleblowers; and - (2) the Commandant should-- - (A) ensure compliance with the legal requirements - intended to protect whistleblowers; - (B) seek to shield the disclosure of the identities - of whistleblowers; and - (C) create an environment in which whistleblowers - do not fear reprisal for reporting misconduct. + (1) Coast Guard components with investigative authority should + exercise such authority with due respect for the rights of + whistleblowers; and + (2) the Commandant should-- + (A) ensure compliance with the legal requirements intended + to protect whistleblowers; + (B) seek to shield the disclosure of the identities of + whistleblowers; and + (C) create an environment in which whistleblowers do not + fear reprisal for reporting misconduct. (b) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee @@ -68398,33 +73727,28 @@ subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service. (c) Elements.--The report required by subsection (b) shall include the following: - (1) A discussion of current and any new policy of the Coast - Guard on the issuance of warrants and subpoenas and - whistleblower protections by agents of the Coast Guard - Investigative Service, including Coast Guard Investigative - Service Criminal Investigation Operating Procedure CIOP 2019- - 02, and the differences between such current policies and new - policies. - (2) A plan (including milestones) for the implementation of + (1) A discussion of current and any new policy of the Coast + Guard on the issuance of warrants and subpoenas and whistleblower + protections by agents of the Coast Guard Investigative Service, + including Coast Guard Investigative Service Criminal Investigation + Operating Procedure CIOP 2019-02, and the differences between such + current policies and new policies. + (2) A plan (including milestones) for the implementation of the + following: + (A) Incorporation of Coast Guard Investigative Service + Criminal Investigation Operating Procedure CIOP 2019-02 into + the next revision of the relevant Coast Guard investigative + manual. + (B) Training on the policy described in paragraph (1) for the following: - (A) Incorporation of Coast Guard Investigative - Service Criminal Investigation Operating Procedure CIOP - 2019-02 into the next revision of the relevant Coast - Guard investigative manual. - (B) Training on the policy described in paragraph - (1) for the following: - (i) Agents and legal counsel of the Coast - Guard Investigative Service. - (ii) Personnel of the Office of General - Law. - (iii) Relevant Coast Guard headquarters - personnel. - (iv) Such other Coast Guard personnel as - the Commandant considers appropriate. - -SEC. 9606. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY - ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS. - + (i) Agents and legal counsel of the Coast Guard + Investigative Service. + (ii) Personnel of the Office of General Law. + (iii) Relevant Coast Guard headquarters personnel. + (iv) Such other Coast Guard personnel as the Commandant + considers appropriate. +SEC. 8286. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY +ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the inspector general of the department in which the Coast Guard is operating shall conduct a study and develop @@ -68439,9 +73763,7 @@ Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the manner in which the Coast Guard plans to implement the recommendations developed as a result of the study. - -SEC. 9607. INSIDER THREAT PROGRAM. - +SEC. 8287. INSIDER THREAT PROGRAM. Not later than 180 days after the date of the enactment of this Act, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on @@ -68449,574 +73771,517 @@ Commerce, Science, and Transportation of the Senate on a plan to expand the Coast Guard Insider Threat Program to include the monitoring of all Coast Guard devices, including mobile devices. - TITLE III--MARITIME + TITLE LVXXXIII--MARITIME + + Subtitle A--Navigation + +Sec. 8301. Electronic charts; equivalency. +Sec. 8302. Subrogated claims. +Sec. 8303. Loan provisions under Oil Pollution Act of 1990. +Sec. 8304. Oil pollution research and development program. + + Subtitle B--Shipping - Subtitle A--Navigation +Sec. 8311. Passenger vessel security and safety requirements; + application. +Sec. 8312. Small passenger vessels and uninspected passenger vessels. +Sec. 8313. Non-operating individual. +Sec. 8314. Conforming amendments: training; public safety personnel. +Sec. 8315. Maritime transportation assessment. +Sec. 8316. Engine cut-off switches; use requirement. +Sec. 8317. Authority to waive operator of self-propelled uninspected + passenger vessel requirements. +Sec. 8318. Exemptions and equivalents. +Sec. 8319. Renewal of merchant mariner licenses and documents. +Sec. 8320. Certificate extensions. +Sec. 8321. Vessel safety standards. +Sec. 8322. Medical standards. + + Subtitle C--Advisory Committees + +Sec. 8331. Advisory committees. +Sec. 8332. Maritime Transportation System National Advisory Committee. +Sec. 8333. Expired maritime liens. +Sec. 8334. Great Lakes Pilotage Advisory Committee. +Sec. 8335. National Commercial Fishing Safety Advisory Committee. +Sec. 8336. Exemption of commercial fishing vessels operating in Alaskan + Region from Global Maritime Distress and Safety System + requirements of Federal Communications Commission. + + Subtitle D--Ports + +Sec. 8341. Port, harbor, and coastal facility security. +Sec. 8342. Aiming laser pointer at vessel. +Sec. 8343. Safety of special activities. +Sec. 8344. Security plans; reviews. +Sec. 8345. Vessel traffic service. +Sec. 8346. Transportation work identification card pilot program. -SEC. 10101. ELECTRONIC CHARTS; EQUIVALENCY. + Subtitle A--Navigation +SEC. 8301. ELECTRONIC CHARTS; EQUIVALENCY. (a) Requirements.--Section 3105(a)(1) of title 46, United States Code, is amended to read as follows: - ``(1) Electronic charts in lieu of marine charts, charts, - and maps.--Subject to paragraph (2), the following vessels, - while operating on the navigable waters of the United States, - equipped with and operating electronic navigational charts that - are produced by a government hydrographic office or conform to - a standard acceptable to the Secretary, shall be deemed in - compliance with any requirement under title 33 or title 46, - Code of Federal Regulations, to have a chart, marine chart, or - map on board such vessel: - ``(A) A self-propelled commercial vessel of at - least 65 feet in overall length. - ``(B) A vessel carrying more than a number of - passengers for hire determined by the Secretary. - ``(C) A towing vessel of more than 26 feet in - overall length and 600 horsepower. - ``(D) Any other vessel for which the Secretary - decides that electronic charts are necessary for the - safe navigation of the vessel.''. + ``(1) Electronic charts in lieu of marine charts, charts, and + maps.--Subject to paragraph (2), the following vessels, while + operating on the navigable waters of the United States, equipped + with and operating electronic navigational charts that are produced + by a government hydrographic office or conform to a standard + acceptable to the Secretary, shall be deemed in compliance with any + requirement under title 33 or title 46, Code of Federal + Regulations, to have a chart, marine chart, or map on board such + vessel: + ``(A) A self-propelled commercial vessel of at least 65 + feet in overall length. + ``(B) A vessel carrying more than a number of passengers + for hire determined by the Secretary. + ``(C) A towing vessel of more than 26 feet in overall + length and 600 horsepower. + ``(D) Any other vessel for which the Secretary decides that + electronic charts are necessary for the safe navigation of the + vessel.''. (b) Exemptions and Waivers.--Section 3105(a)(2) of title 46, United States Code, is amended-- - (1) in subparagraph (A), by striking ``operates; and'' and - inserting ``operates;''; - (2) in subparagraph (B), by striking ``those waters.'' and - inserting ``those waters; and''; and - (3) by adding at the end the following: - ``(C) permit vessels described in subparagraphs (A) - through (D) of paragraph (1) that operate solely - landward of the baseline from which the territorial sea - of the United States is measured to utilize software- - based, platform-independent electronic chart systems - that the Secretary determines are capable of displaying - electronic navigational charts with necessary scale and - detail to ensure safe navigation for the intended - voyage.''. - -SEC. 10102. SUBROGATED CLAIMS. - + (1) in subparagraph (A), by striking ``operates; and'' and + inserting ``operates;''; + (2) in subparagraph (B), by striking ``those waters.'' and + inserting ``those waters; and''; and + (3) by adding at the end the following: + ``(C) permit vessels described in subparagraphs (A) through + (D) of paragraph (1) that operate solely landward of the + baseline from which the territorial sea of the United States is + measured to utilize software-based, platform-independent + electronic chart systems that the Secretary determines are + capable of displaying electronic navigational charts with + necessary scale and detail to ensure safe navigation for the + intended voyage.''. +SEC. 8302. SUBROGATED CLAIMS. (a) In General.--Section 1012(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(b)) is amended-- - (1) by striking ``The'' and inserting the following: - ``(1) In general.--The''; and - (2) by adding at the end the following: - ``(2) Subrogated rights.--Except for a guarantor claim - pursuant to a defense under section 1016(f)(1), Fund - compensation of any claim by an insurer or other indemnifier of - a responsible party or injured third party is subject to the - subrogated rights of that responsible party or injured third - party to such compensation.''. + (1) by striking ``The'' and inserting the following: + ``(1) In general.--The''; and + (2) by adding at the end the following: + ``(2) Subrogated rights.--Except for a guarantor claim pursuant + to a defense under section 1016(f)(1), Fund compensation of any + claim by an insurer or other indemnifier of a responsible party or + injured third party is subject to the subrogated rights of that + responsible party or injured third party to such compensation.''. (b) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act. - -SEC. 10103. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990. - +SEC. 8303. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990. (a) In General.--Section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by striking subsection (f). (b) Conforming Amendments.--Section 1012(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended-- - (1) in paragraph (4), by adding ``and'' after the semicolon - at the end; - (2) in paragraph (5)(D), by striking ``; and'' and - inserting a period; and - (3) by striking paragraph (6). - -SEC. 10104. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM. - + (1) in paragraph (4), by adding ``and'' after the semicolon at + the end; + (2) in paragraph (5)(D), by striking ``; and'' and inserting a + period; and + (3) by striking paragraph (6). +SEC. 8304. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM. Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended-- - (1) in subsection (c)-- - (A) in paragraph (1), by inserting ``, - technology,'' after ``research''; - (B) in paragraph (2)-- - (i) by striking ``this subsection'' and - inserting ``paragraph (1)''; and - (ii) by striking ``which are effective in - preventing or mitigating oil discharges and - which'' and inserting ``and methods that are - effective in preventing, mitigating, or - restoring damage from oil discharges and - that''; - (C) in paragraph (3) by striking ``this - subsection'' and inserting ``paragraph (1)'' each place - it appears; - (D) in subparagraph (A) of paragraph (4)-- - (i) by striking ``oil discharges. Such - program shall'' and inserting ``acute and - chronic oil discharges on coastal and marine - resources (including impacts on protected areas - such as sanctuaries) and protected species, and - such program shall''; - (ii) by redesignating clauses (iii) and - (iv) as clauses (iv) and (v), respectively; - (iii) by inserting after clause (ii) the - following: - ``(iii) Research to understand and quantify the - effects of sublethal impacts of oil discharge on living - natural marine resources, including impacts on pelagic - fish species, marine mammals, and commercially and - recreationally targeted fish and shellfish species.''; - and - (iv) by adding at the end the following: - ``(vi) Research to understand the long-term effects - of major oil discharges and the long-term effects of - smaller endemic oil discharges. - ``(vii) The identification of potential impacts on - ecosystems, habitat, and wildlife from the additional - toxicity, heavy metal concentrations, and increased - corrosiveness of mixed crude, such as diluted bitumen - crude. - ``(viii) The development of methods to restore and - rehabilitate natural resources and ecosystem functions - damaged by oil discharges.''; - (E) in paragraph (5) by striking ``this - subsection'' and inserting ``paragraph (1)''; - (F) by striking paragraph (7) and inserting the - following: - ``(7) Simulated environmental testing.-- - ``(A) In general.--Agencies represented on the - Interagency Committee shall ensure the long-term use - and operation of the Oil and Hazardous Materials - Simulated Environmental Test Tank (OHMSETT) Research - Center in New Jersey for oil pollution technology - testing and evaluations. - ``(B) Other testing facilities.--Nothing in - subparagraph (A) shall be construed as limiting the - ability of the Interagency Committee to contract or - partner with a facility or facilities other than the - Center described in subparagraph (A) for the purpose of - oil pollution technology testing and evaluations, - provided such a facility or facilities have testing and - evaluation capabilities equal to or greater than those - of such Center. - ``(C) In-kind contributions.-- - ``(i) In general.--The Secretary of the - department in which the Coast Guard is - operating and the Administrator of the - Environmental Protection Agency may accept - donations of crude oil and crude oil product - samples in the form of in-kind contributions - for use by the Federal Government for product - testing, research and development, and for - other purposes as the Secretary and the - Administrator determine appropriate. - ``(ii) Use of donated oil.--Oil accepted - under clause (i) may be used directly by the - Secretary and shall be provided to other - Federal agencies or departments through - interagency agreements to carry out the - purposes of this Act.''; - (G) in paragraph (8)-- - (i) in subparagraph (A), by striking - ``subsection (b)'' and inserting ``subsection - (d)''; and - (ii) in subparagraph (D)(iii), by striking - ``subsection (b)(1)(F)'' and inserting - ``subsection (d)''; and - (H) in paragraph (10)-- - (i) by striking ``this subsection'' and - inserting ``paragraph (1)''; - (ii) by striking ``agencies represented on - the Interagency Committee'' and inserting - ``Under Secretary''; - (iii) by inserting ``, and States and - Indian tribes'' after ``other persons''; and - (iv) by striking ``subsection (b)'' and - inserting ``subsection (d)''; - (2) in subsection (d), by striking ``subsection (b)'' and - inserting ``subsection (d)''; - (3) in subsection (e), by striking ``Chairman of the - Interagency Committee'' and inserting ``Chair''; - (4) in subsection (f), by striking ``subsection (c)(8)'' - each place it appears and inserting ``subsection (e)(8)''; - (5) by redesignating subsections (c) through (f) as - subsections (e) through (h), respectively; and - (6) by striking subsections (a) and (b) and inserting the - following: + (1) in subsection (c)-- + (A) in paragraph (1), by inserting ``, technology,'' after + ``research''; + (B) in paragraph (2)-- + (i) by striking ``this subsection'' and inserting + ``paragraph (1)''; and + (ii) by striking ``which are effective in preventing or + mitigating oil discharges and which'' and inserting ``and + methods that are effective in preventing, mitigating, or + restoring damage from oil discharges and that''; + (C) in paragraph (3) by striking ``this subsection'' and + inserting ``paragraph (1)'' each place it appears; + (D) in subparagraph (A) of paragraph (4)-- + (i) by striking ``oil discharges. Such program shall'' + and inserting ``acute and chronic oil discharges on coastal + and marine resources (including impacts on protected areas + such as sanctuaries) and protected species, and such + program shall''; + (ii) by redesignating clauses (iii) and (iv) as clauses + (iv) and (v), respectively; + (iii) by inserting after clause (ii) the following: + ``(iii) Research to understand and quantify the effects of + sublethal impacts of oil discharge on living natural marine + resources, including impacts on pelagic fish species, marine + mammals, and commercially and recreationally targeted fish and + shellfish species.''; and + (iv) by adding at the end the following: + ``(vi) Research to understand the long-term effects of + major oil discharges and the long-term effects of smaller + endemic oil discharges. + ``(vii) The identification of potential impacts on + ecosystems, habitat, and wildlife from the additional toxicity, + heavy metal concentrations, and increased corrosiveness of + mixed crude, such as diluted bitumen crude. + ``(viii) The development of methods to restore and + rehabilitate natural resources and ecosystem functions damaged + by oil discharges.''; + (E) in paragraph (5) by striking ``this subsection'' and + inserting ``paragraph (1)''; + (F) by striking paragraph (7) and inserting the following: + ``(7) Simulated environmental testing.-- + ``(A) In general.--Agencies represented on the Interagency + Committee shall ensure the long-term use and operation of the + Oil and Hazardous Materials Simulated Environmental Test Tank + (OHMSETT) Research Center in New Jersey for oil pollution + technology testing and evaluations. + ``(B) Other testing facilities.--Nothing in subparagraph + (A) shall be construed as limiting the ability of the + Interagency Committee to contract or partner with a facility or + facilities other than the Center described in subparagraph (A) + for the purpose of oil pollution technology testing and + evaluations, provided such a facility or facilities have + testing and evaluation capabilities equal to or greater than + those of such Center. + ``(C) In-kind contributions.-- + ``(i) In general.--The Secretary of the department in + which the Coast Guard is operating and the Administrator of + the Environmental Protection Agency may accept donations of + crude oil and crude oil product samples in the form of in- + kind contributions for use by the Federal Government for + product testing, research and development, and for other + purposes as the Secretary and the Administrator determine + appropriate. + ``(ii) Use of donated oil.--Oil accepted under clause + (i) may be used directly by the Secretary and shall be + provided to other Federal agencies or departments through + interagency agreements to carry out the purposes of this + Act.''; + (G) in paragraph (8)-- + (i) in subparagraph (A), by striking ``subsection (b)'' + and inserting ``subsection (d)''; and + (ii) in subparagraph (D)(iii), by striking ``subsection + (b)(1)(F)'' and inserting ``subsection (d)''; and + (H) in paragraph (10)-- + (i) by striking ``this subsection'' and inserting + ``paragraph (1)''; + (ii) by striking ``agencies represented on the + Interagency Committee'' and inserting ``Under Secretary''; + (iii) by inserting ``, and States and Indian tribes'' + after ``other persons''; and + (iv) by striking ``subsection (b)'' and inserting + ``subsection (d)''; + (2) in subsection (d), by striking ``subsection (b)'' and + inserting ``subsection (d)''; + (3) in subsection (e), by striking ``Chairman of the + Interagency Committee'' and inserting ``Chair''; + (4) in subsection (f), by striking ``subsection (c)(8)'' each + place it appears and inserting ``subsection (e)(8)''; + (5) by redesignating subsections (c) through (f) as subsections + (e) through (h), respectively; and + (6) by striking subsections (a) and (b) and inserting the + following: ``(a) Definitions.--In this section-- - ``(1) the term `Chair' means the Chairperson of the - Interagency Committee designated under subsection (c)(2); - ``(2) the term `Commandant' means the Commandant of the - Coast Guard; - ``(3) the term `institution of higher education' means an - institution of higher education, as defined in section 101(a) - of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); - ``(4) the term `Interagency Committee' means the - Interagency Coordinating Committee on Oil Pollution Research - established under subsection (b); - ``(5) the term `Under Secretary' means the Under Secretary - of Commerce for Oceans and Atmosphere; and - ``(6) the term `Vice Chair' means the Vice Chairperson of - the Interagency Committee designated under subsection (c)(3). + ``(1) the term `Chair' means the Chairperson of the Interagency + Committee designated under subsection (c)(2); + ``(2) the term `Commandant' means the Commandant of the Coast + Guard; + ``(3) the term `institution of higher education' means an + institution of higher education, as defined in section 101(a) of + the Higher Education Act of 1965 (20 U.S.C. 1001(a)); + ``(4) the term `Interagency Committee' means the Interagency + Coordinating Committee on Oil Pollution Research established under + subsection (b); + ``(5) the term `Under Secretary' means the Under Secretary of + Commerce for Oceans and Atmosphere; and + ``(6) the term `Vice Chair' means the Vice Chairperson of the + Interagency Committee designated under subsection (c)(3). ``(b) Establishment of Interagency Coordinating Committee on Oil Pollution Research.-- - ``(1) Establishment.--There is established an Interagency - Coordinating Committee on Oil Pollution Research. - ``(2) Purpose.--The Interagency Committee shall coordinate - a comprehensive program of oil pollution research, technology - development, and demonstration among the Federal agencies, in - cooperation and coordination with industry, 4-year institutions - of higher education and research institutions, State - governments, and other nations, as appropriate, and shall - foster cost-effective research mechanisms, including the joint - funding of research. + ``(1) Establishment.--There is established an Interagency + Coordinating Committee on Oil Pollution Research. + ``(2) Purpose.--The Interagency Committee shall coordinate a + comprehensive program of oil pollution research, technology + development, and demonstration among the Federal agencies, in + cooperation and coordination with industry, 4-year institutions of + higher education and research institutions, State governments, and + other nations, as appropriate, and shall foster cost-effective + research mechanisms, including the joint funding of research. ``(c) Membership.-- - ``(1) Composition.--The Interagency Committee shall be - composed of-- - ``(A) at least 1 representative of the Coast Guard; - ``(B) at least 1 representative of the National - Oceanic and Atmospheric Administration; - ``(C) at least 1 representative of the - Environmental Protection Agency; - ``(D) at least 1 representative of the Department - of the Interior; - ``(E) at least 1 representative of the Bureau of - Safety and Environmental Enforcement; - ``(F) at least 1 representative of the Bureau of - Ocean Energy Management; - ``(G) at least 1 representative of the United - States Fish and Wildlife Service; - ``(H) at least 1 representative of the Department - of Energy; - ``(I) at least 1 representative of the Pipeline and - Hazardous Materials Safety Administration; - ``(J) at least 1 representative of the Federal - Emergency Management Agency; - ``(K) at least 1 representative of the Navy; - ``(L) at least 1 representative of the Corps of - Engineers; - ``(M) at least 1 representative of the United - States Arctic Research Commission; and - ``(N) at least 1 representative of each of such - other Federal agencies as the President considers to be - appropriate. - ``(2) Chairperson.--The Commandant shall designate a - Chairperson from among the members of the Interagency Committee - selected under paragraph (1)(A). - ``(3) Vice chairperson.--The Under Secretary shall - designate a Vice Chairperson from among the members of the - Interagency Committee selected under paragraph (1)(B). - ``(4) Meetings.-- - ``(A) Quarterly meetings.--At a minimum, the - members of the Interagency Committee shall meet once - each quarter. - ``(B) Public summaries.--After each meeting, a - summary shall be made available by the Chair or Vice - Chair, as appropriate. + ``(1) Composition.--The Interagency Committee shall be composed + of-- + ``(A) at least 1 representative of the Coast Guard; + ``(B) at least 1 representative of the National Oceanic and + Atmospheric Administration; + ``(C) at least 1 representative of the Environmental + Protection Agency; + ``(D) at least 1 representative of the Department of the + Interior; + ``(E) at least 1 representative of the Bureau of Safety and + Environmental Enforcement; + ``(F) at least 1 representative of the Bureau of Ocean + Energy Management; + ``(G) at least 1 representative of the United States Fish + and Wildlife Service; + ``(H) at least 1 representative of the Department of + Energy; + ``(I) at least 1 representative of the Pipeline and + Hazardous Materials Safety Administration; + ``(J) at least 1 representative of the Federal Emergency + Management Agency; + ``(K) at least 1 representative of the Navy; + ``(L) at least 1 representative of the Corps of Engineers; + ``(M) at least 1 representative of the United States Arctic + Research Commission; and + ``(N) at least 1 representative of each of such other + Federal agencies as the President considers to be appropriate. + ``(2) Chairperson.--The Commandant shall designate a + Chairperson from among the members of the Interagency Committee + selected under paragraph (1)(A). + ``(3) Vice chairperson.--The Under Secretary shall designate a + Vice Chairperson from among the members of the Interagency + Committee selected under paragraph (1)(B). + ``(4) Meetings.-- + ``(A) Quarterly meetings.--At a minimum, the members of the + Interagency Committee shall meet once each quarter. + ``(B) Public summaries.--After each meeting, a summary + shall be made available by the Chair or Vice Chair, as + appropriate. ``(d) Duties of the Interagency Committee.-- - ``(1) Research.--The Interagency Committee shall-- - ``(A) coordinate a comprehensive program of oil - pollution research, technology development, and - demonstration among the Federal agencies, in - cooperation and coordination with industry, 4-year - institutions of higher education and research - institutions, States, Indian tribes, and other - countries, as appropriate; and - ``(B) foster cost-effective research mechanisms, - including the joint funding of research and the - development of public-private partnerships for the - purpose of expanding research. - ``(2) Oil pollution research and technology plan.-- - ``(A) Implementation plan.--Not later than 180 days - after the date of enactment of the Elijah E. Cummings - Coast Guard Authorization Act of 2020, the Interagency - Committee shall submit to Congress a research plan to - report on the state of oil discharge prevention and - response capabilities that-- - ``(i) identifies current research programs - conducted by Federal agencies, States, Indian - tribes, 4-year institutions of higher - education, and corporate entities; - ``(ii) assesses the current status of - knowledge on oil pollution prevention, - response, and mitigation technologies and - effects of oil pollution on the environment; - ``(iii) identifies significant oil - pollution research gaps, including an - assessment of major technological deficiencies - in responses to past oil discharges; - ``(iv) establishes national research - priorities and goals for oil pollution - technology development related to prevention, - response, mitigation, and environmental - effects; - ``(v) assesses the research on the - applicability and effectiveness of the - prevention, response, and mitigation - technologies to each class of oil; - ``(vi) estimates the resources needed to - conduct the oil pollution research and - development program established pursuant to - subsection (e), and timetables for completing - research tasks; - ``(vii) summarizes research on response - equipment in varying environmental conditions, - such as in currents, ice cover, and ice floes; - and - ``(viii) includes such other information or - recommendations as the Interagency Committee - determines to be appropriate. - ``(B) Advice and guidance.-- - ``(i) National academy of sciences - contract.--The Chair, through the department in - which the Coast Guard is operating, shall - contract with the National Academy of Sciences - to-- - ``(I) provide advice and guidance - in the preparation and development of - the research plan; - ``(II) assess the adequacy of the - plan as submitted, and submit a report - to Congress on the conclusions of such - assessment; and - ``(III) provide organization - guidance regarding the implementation - of the research plan, including - delegation of topics and research among - Federal agencies represented on the - Interagency Committee. - ``(ii) NIST advice and guidance.--The - National Institute of Standards and Technology - shall provide the Interagency Committee with - advice and guidance on issues relating to - quality assurance and standards measurements - relating to its activities under this section. - ``(C) 10-year updates.--Not later than 10 years - after the date of enactment of the Elijah E. Cummings - Coast Guard Authorization Act of 2020, and every 10 - years thereafter, the Interagency Committee shall - submit to Congress a research plan that updates the - information contained in the previous research plan - submitted under this subsection.''. - -SEC. 10105. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE - CONTRACTS. - - (a) In General.--Subject to subsections (b) and (c), a contract for -the containment or removal of a discharge entered into by the President -under section 311(c) of the Federal Water Pollution Control Act (33 -U.S.C. 1321(c)) shall contain a provision to indemnify a contractor for -liabilities and expenses incidental to the containment or removal -arising out of the performance of the contract that is substantially -identical to the terms contained in subsections (d) through (h) of -section H.4 (except for paragraph (1) of subsection (d)) of the -contract offered by the Coast Guard in the solicitation numbered -DTCG89-98-A-68F953 and dated November 17, 1998. - (b) Requirements.-- - (1) Source of funds.--The provision required under - subsection (a) shall include a provision that the obligation to - indemnify is limited to funds available in the Oil Spill - Liability Trust Fund established by section 9509(a) of the - Internal Revenue Code of 1986 at the time the claim for - indemnity is made. - (2) Uncompensated removal.--A claim for indemnity under a - contract described in subsection (a) shall be made as a claim - for uncompensated removal costs under section 1012(a)(4) of the - Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)). - (3) Limitation.--The total indemnity for a claim under a - contract described in subsection (a) may not be more than - $50,000 per incident. - (c) Applicability of Exemptions.--Notwithstanding subsection (a), -the United States shall not be obligated to indemnify a contractor for -any act or omission of the contractor carried out pursuant to a -contract entered into under this section where such act or omission is -grossly negligent or which constitutes willful misconduct. + ``(1) Research.--The Interagency Committee shall-- + ``(A) coordinate a comprehensive program of oil pollution + research, technology development, and demonstration among the + Federal agencies, in cooperation and coordination with + industry, 4-year institutions of higher education and research + institutions, States, Indian tribes, and other countries, as + appropriate; and + ``(B) foster cost-effective research mechanisms, including + the joint funding of research and the development of public- + private partnerships for the purpose of expanding research. + ``(2) Oil pollution research and technology plan.-- + ``(A) Implementation plan.--Not later than 180 days after + the date of enactment of the Elijah E. Cummings Coast Guard + Authorization Act of 2020, the Interagency Committee shall + submit to Congress a research plan to report on the state of + oil discharge prevention and response capabilities that-- + ``(i) identifies current research programs conducted by + Federal agencies, States, Indian tribes, 4-year + institutions of higher education, and corporate entities; + ``(ii) assesses the current status of knowledge on oil + pollution prevention, response, and mitigation technologies + and effects of oil pollution on the environment; + ``(iii) identifies significant oil pollution research + gaps, including an assessment of major technological + deficiencies in responses to past oil discharges; + ``(iv) establishes national research priorities and + goals for oil pollution technology development related to + prevention, response, mitigation, and environmental + effects; + ``(v) assesses the research on the applicability and + effectiveness of the prevention, response, and mitigation + technologies to each class of oil; + ``(vi) estimates the resources needed to conduct the + oil pollution research and development program established + pursuant to subsection (e), and timetables for completing + research tasks; + ``(vii) summarizes research on response equipment in + varying environmental conditions, such as in currents, ice + cover, and ice floes; and + ``(viii) includes such other information or + recommendations as the Interagency Committee determines to + be appropriate. + ``(B) Advice and guidance.-- + ``(i) National academy of sciences contract.--The + Chair, through the department in which the Coast Guard is + operating, shall contract with the National Academy of + Sciences to-- + + ``(I) provide advice and guidance in the + preparation and development of the research plan; + ``(II) assess the adequacy of the plan as + submitted, and submit a report to Congress on the + conclusions of such assessment; and + ``(III) provide organization guidance regarding the + implementation of the research plan, including + delegation of topics and research among Federal + agencies represented on the Interagency Committee. + + ``(ii) NIST advice and guidance.--The National + Institute of Standards and Technology shall provide the + Interagency Committee with advice and guidance on issues + relating to quality assurance and standards measurements + relating to its activities under this section. + ``(C) 10-year updates.--Not later than 10 years after the + date of enactment of the Elijah E. Cummings Coast Guard + Authorization Act of 2020, and every 10 years thereafter, the + Interagency Committee shall submit to Congress a research plan + that updates the information contained in the previous research + plan submitted under this subsection.''. Subtitle B--Shipping -SEC. 10201. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS; - APPLICATION. - +SEC. 8311. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS; +APPLICATION. Section 3507(k)(1) of title 46, United States Code, is amended-- - (1) in subparagraph (B), by adding ``and'' after the - semicolon at the end; - (2) in subparagraph (C), by striking ``; and'' and - inserting a period; and - (3) by striking subparagraph (D). - -SEC. 10202. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS. - + (1) in subparagraph (B), by adding ``and'' after the semicolon + at the end; + (2) in subparagraph (C), by striking ``; and'' and inserting a + period; and + (3) by striking subparagraph (D). +SEC. 8312. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS. Section 12121 of title 46, United States Code, is amended-- - (1) in subsection (a)(1), by striking subparagraphs (A) and - (B) and inserting the following: - ``(A) was built in the United States; - ``(B) was not built in the United States and is at - least 3 years old; or - ``(C) if rebuilt, was rebuilt-- - ``(i) in the United States; or - ``(ii) outside the United States at least 3 - years before the certificate requested under - subsection (b) would take effect.''; and - (2) in subsection (b), by inserting ``12132,'' after - ``12113,''. - -SEC. 10203. NON-OPERATING INDIVIDUAL. - + (1) in subsection (a)(1), by striking subparagraphs (A) and (B) + and inserting the following: + ``(A) was built in the United States; + ``(B) was not built in the United States and is at least 3 + years old; or + ``(C) if rebuilt, was rebuilt-- + ``(i) in the United States; or + ``(ii) outside the United States at least 3 years + before the certificate requested under subsection (b) would + take effect.''; and + (2) in subsection (b), by inserting ``12132,'' after + ``12113,''. +SEC. 8313. NON-OPERATING INDIVIDUAL. (a) In General.--The Secretary of the department in which the Coast Guard is operating shall not enforce section 8701 of title 46, United States Code, with respect to the following: - (1) A vessel with respect to individuals, other than crew - members required by the Certificate of Inspection or to ensure - the safe navigation of the vessel and not a member of the - steward's department, engaged on board for the sole purpose of - carrying out spill response activities, salvage, marine - firefighting, or commercial diving business or functions from - or on any vessel, including marine firefighters, spill response - personnel, salvage personnel, and commercial divers and diving - support personnel. - (2) An offshore supply vessel, an industrial vessel (as - such term is defined in section 90.10-16 of title 46, Code of - Federal Regulations), or other similarly engaged vessel with - respect to persons engaged in the business of the ship on board - the vessel-- - (A) for-- - (i) supporting or executing the industrial - business or function of the vessel; - (ii) brief periods to conduct surveys or - investigations, assess crew competence, conduct - vessel trials, provide extraordinary security - resources, or similar tasks not traditionally - performed by the vessel crew; or - (iii) performing maintenance tasks on - equipment under warranty, or on equipment not - owned by the vessel owner, or maintenance - beyond the capability of the vessel crew to - perform; and - (B) not the master or crew members required by the - certificate of inspection and not a member of the - steward's department. + (1) A vessel with respect to individuals, other than crew + members required by the Certificate of Inspection or to ensure the + safe navigation of the vessel and not a member of the steward's + department, engaged on board for the sole purpose of carrying out + spill response activities, salvage, marine firefighting, or + commercial diving business or functions from or on any vessel, + including marine firefighters, spill response personnel, salvage + personnel, and commercial divers and diving support personnel. + (2) An offshore supply vessel, an industrial vessel (as such + term is defined in section 90.10-16 of title 46, Code of Federal + Regulations), or other similarly engaged vessel with respect to + persons engaged in the business of the ship on board the vessel-- + (A) for-- + (i) supporting or executing the industrial business or + function of the vessel; + (ii) brief periods to conduct surveys or + investigations, assess crew competence, conduct vessel + trials, provide extraordinary security resources, or + similar tasks not traditionally performed by the vessel + crew; or + (iii) performing maintenance tasks on equipment under + warranty, or on equipment not owned by the vessel owner, or + maintenance beyond the capability of the vessel crew to + perform; and + (B) not the master or crew members required by the + certificate of inspection and not a member of the steward's + department. (b) Sunset.--The prohibition in subsection (a) shall terminate on the date that is 2 years after the date of the enactment of this Act. (c) Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Commandant shall submit to the - Committee on Commerce, Science, and Transportation of the - Senate and the Committee on Transportation and Infrastructure - of the House of Representatives a report detailing - recommendations to ensure that personnel working on a vessel - who perform work or operate equipment on such vessel not - related to the operation of the vessel itself undergo a - background check and the appropriate training necessary to - ensure personnel safety and the safety of the vessel's crew. - (2) Contents.--The report required under paragraph (1) - shall include, at a minimum, a discussion of-- - (A) options and recommendations for ensuring that - the individuals covered by subsection (a) are - appropriately screened to mitigate security and safety - risks, including to detect substance abuse; - (B) communication and collaboration between the - Coast Guard, the department in which the Coast Guard is - operating, and relevant stakeholders regarding the - development of processes and requirements for - conducting background checks and ensuring such - individuals receive basic safety familiarization and - basic safety training approved by the Coast Guard; - (C) any identified legislative changes necessary to - implement effective training and screening requirements - for individuals covered by subsection (a); and - (D) the timeline and milestones for implementing - such requirements. - -SEC. 10204. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY PERSONNEL. - + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Commandant shall submit to the Committee + on Commerce, Science, and Transportation of the Senate and the + Committee on Transportation and Infrastructure of the House of + Representatives a report detailing recommendations to ensure that + personnel working on a vessel who perform work or operate equipment + on such vessel not related to the operation of the vessel itself + undergo a background check and the appropriate training necessary + to ensure personnel safety and the safety of the vessel's crew. + (2) Contents.--The report required under paragraph (1) shall + include, at a minimum, a discussion of-- + (A) options and recommendations for ensuring that the + individuals covered by subsection (a) are appropriately + screened to mitigate security and safety risks, including to + detect substance abuse; + (B) communication and collaboration between the Coast + Guard, the department in which the Coast Guard is operating, + and relevant stakeholders regarding the development of + processes and requirements for conducting background checks and + ensuring such individuals receive basic safety familiarization + and basic safety training approved by the Coast Guard; + (C) any identified legislative changes necessary to + implement effective training and screening requirements for + individuals covered by subsection (a); and + (D) the timeline and milestones for implementing such + requirements. +SEC. 8314. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY PERSONNEL. Chapter 701 of title 46, United States Code, is amended-- - (1) in section 70107-- - (A) in subsection (a), by striking ``law - enforcement personnel'' and inserting ``public safety - personnel''; - (B) in subsection (b)(8), by striking ``law - enforcement personnel--'' and inserting ``public safety - personnel--''; and - (C) in subsection (c)(2)(C), by striking ``law - enforcement agency personnel'' and inserting ``public - safety personnel''; and - (2) in section 70132-- - (A) in subsection (a), by striking ``law - enforcement personnel--'' and inserting ``public safety - personnel--''; - (B) in subsection (b), by striking ``law - enforcement personnel'' each place it appears and - inserting ``public safety personnel''; and - (C) by adding at the end the following: + (1) in section 70107-- + (A) in subsection (a), by striking ``law enforcement + personnel'' and inserting ``public safety personnel''; + (B) in subsection (b)(8), by striking ``law enforcement + personnel--'' and inserting ``public safety personnel--''; and + (C) in subsection (c)(2)(C), by striking ``law enforcement + agency personnel'' and inserting ``public safety personnel''; + and + (2) in section 70132-- + (A) in subsection (a), by striking ``law enforcement + personnel--'' and inserting ``public safety personnel--''; + (B) in subsection (b), by striking ``law enforcement + personnel'' each place it appears and inserting ``public safety + personnel''; and + (C) by adding at the end the following: ``(d) Public Safety Personnel Defined.--For the purposes of this section, the term `public safety personnel' includes any Federal, State (or political subdivision thereof), territorial, or Tribal law enforcement officer, firefighter, or emergency response provider.''. - -SEC. 10205. MARITIME TRANSPORTATION ASSESSMENT. - +SEC. 8315. MARITIME TRANSPORTATION ASSESSMENT. Section 55501(e) of title 46, United States Code, is amended-- - (1) in paragraph (2), by striking ``an assessment of the - condition'' and inserting ``a conditions and performance - analysis''; - (2) in paragraph (4), by striking ``; and'' and inserting a - semicolon; - (3) in paragraph (5), by striking the period and inserting - ``; and''; and - (4) by adding at the end the following: - ``(6) a compendium of the Federal programs engaged in the - maritime transportation system.''. - -SEC. 10206. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT. - + (1) in paragraph (2), by striking ``an assessment of the + condition'' and inserting ``a conditions and performance + analysis''; + (2) in paragraph (4), by striking ``; and'' and inserting a + semicolon; + (3) in paragraph (5), by striking the period and inserting ``; + and''; and + (4) by adding at the end the following: + ``(6) a compendium of the Federal programs engaged in the + maritime transportation system.''. +SEC. 8316. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT. (a) In General.--Section 4312 of title 46, United States Code, is amended-- - (1) by redesignating subsections (b), (c), and (d) as - subsections (c), (d), and (e), respectively; and - (2) by inserting after subsection (a) the following: + (1) by redesignating subsections (b), (c), and (d) as + subsections (c), (d), and (e), respectively; and + (2) by inserting after subsection (a) the following: ``(b) Use Requirement.-- - ``(1) In general.--An individual operating a covered - recreational vessel shall use an engine cut-off switch link - while operating on plane or above displacement speed. - ``(2) Exceptions.--The requirement under paragraph (1) - shall not apply if-- - ``(A) the main helm of the covered vessel is - installed within an enclosed cabin; or - ``(B) the vessel does not have an engine cut-off - switch and is not required to have one under subsection - (a).''. + ``(1) In general.--An individual operating a covered + recreational vessel shall use an engine cut-off switch link while + operating on plane or above displacement speed. + ``(2) Exceptions.--The requirement under paragraph (1) shall + not apply if-- + ``(A) the main helm of the covered vessel is installed + within an enclosed cabin; or + ``(B) the vessel does not have an engine cut-off switch and + is not required to have one under subsection (a).''. (b) Civil Penalty.--Section 4311 of title 46, United States Code, is amended by-- - (1) redesignating subsections (c), (d), (e), (f), and (g) - as subsections (d), (e), (f), (g), and (h), respectively; and - (2) inserting after subsection (b) the following: + (1) redesignating subsections (c), (d), (e), (f), and (g) as + subsections (d), (e), (f), (g), and (h), respectively; and + (2) inserting after subsection (b) the following: ``(c) A person violating section 4312(b) of this title is liable to the United States Government for a civil penalty of not more than-- - ``(1) $100 for the first offense; - ``(2) $250 for the second offense; and - ``(3) $500 for any subsequent offense.''. + ``(1) $100 for the first offense; + ``(2) $250 for the second offense; and + ``(3) $500 for any subsequent offense.''. (c) Effective Date.--The amendments made in subsections (a) and (b) shall take effect 90 days after the date of the enactment of this section, unless the Commandant, prior to the date that is 90 days after the date of the enactment of this section, determines that the use requirement enacted in subsection (a) would not promote recreational boating safety. - -SEC. 10207. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED UNINSPECTED - PASSENGER VESSEL REQUIREMENTS. - +SEC. 8317. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED UNINSPECTED +PASSENGER VESSEL REQUIREMENTS. Section 8905 of title 46, United States Code, is amended by adding at the end the following: ``(c) After consultation with the Governor of Alaska and the State boating law administrator of Alaska, the Secretary may exempt an individual operating a self-propelled uninspected passenger vessel from the requirements of section 8903 of this title, if-- - ``(1) the individual only operates such vessel wholly - within waters located in Alaska; and - ``(2) such vessel is-- - ``(A) 26 feet or less in length; and - ``(B) carrying not more than 6 passengers.''. - -SEC. 10208. EXEMPTIONS AND EQUIVALENTS. - + ``(1) the individual only operates such vessel wholly within + waters located in Alaska; and + ``(2) such vessel is-- + ``(A) 26 feet or less in length; and + ``(B) carrying not more than 6 passengers.''. +SEC. 8318. EXEMPTIONS AND EQUIVALENTS. (a) In General.--Section 4305 of title 46, United States Code, is amended-- - (1) by striking the heading and inserting the following: + (1) by striking the heading and inserting the following: ``Sec. 4305. Exemptions and equivalents''; - (2) by striking ``If the Secretary'' and inserting the - following: + (2) by striking ``If the Secretary'' and inserting the + following: ``(a) Exemptions.--If the Secretary''; and - (3) by adding at the end the following: + (3) by adding at the end the following: ``(b) Equivalents.--The Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel if the substitution provides an equivalent level of @@ -69026,53 +74291,31 @@ United States Code, is amended by striking the item relating to section 4305 and inserting the following: ``4305. Exemptions and equivalents.''. - -SEC. 10209. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS. - - Section 501(a) of title 46, United States Code, is amended-- - (1) by striking ``On request'' and inserting the following: - ``(1) In general.--On request''; and - (2) by adding at the end the following: - ``(2) Explanation.--Not later than 24 hours after making a - request under paragraph (1), the Secretary of Defense shall - submit to the Committees on Transportation and Infrastructure - and Armed Services of the House of Representatives and the - Committees on Commerce, Science, and Transportation and Armed - Services of the Senate a written explanation of the - circumstances requiring such a waiver in the interest of - national defense, including a confirmation that there are - insufficient qualified vessels to meet the needs of national - defense without such a waiver.''. - -SEC. 10210. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS. - +SEC. 8319. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS. Not later than 60 days after the date of the enactment of this Act, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the Coast Guard's implementation of section 7106 of title 46, United States Code-- - (1) an overview of the manner in which the Coast Guard - manages and processes renewal applications under such section, - including communication with the applicant regarding - application status; - (2) the number of applications received and approved over - the previous 2 years, or in the event applications were denied, - a summary detailing the reasons for such denial; - (3) an accounting of renewal applications filed up to 8 - months in advance of the expiration of a pre-existing license, - including the processing of such applications and communication - with the applicant regarding application status or any other - extenuating circumstances; and - (4) any other regulatory or statutory changes that would be - necessary to further improve the Coast Guard's issuance of - credentials to fully qualified mariners in the most effective - and efficient manner possible in order to ensure a safe, - secure, economically and environmentally sound marine - transportation system. - -SEC. 10211. CERTIFICATE EXTENSIONS. - + (1) an overview of the manner in which the Coast Guard manages + and processes renewal applications under such section, including + communication with the applicant regarding application status; + (2) the number of applications received and approved over the + previous 2 years, or in the event applications were denied, a + summary detailing the reasons for such denial; + (3) an accounting of renewal applications filed up to 8 months + in advance of the expiration of a pre-existing license, including + the processing of such applications and communication with the + applicant regarding application status or any other extenuating + circumstances; and + (4) any other regulatory or statutory changes that would be + necessary to further improve the Coast Guard's issuance of + credentials to fully qualified mariners in the most effective and + efficient manner possible in order to ensure a safe, secure, + economically and environmentally sound marine transportation + system. +SEC. 8320. CERTIFICATE EXTENSIONS. (a) In General.--Subchapter I of chapter 121 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 12108. Authority to extend duration of vessel certificates @@ -69085,10 +74328,10 @@ documentation issued for a vessel under chapter 121. ``(b) Determination.--The determination referred to in subsection (a) is a determination that such extension is required to enable the Coast Guard to-- - ``(1) eliminate a backlog in processing applications for - such certificates; or - ``(2) act in response to a national emergency or natural - disaster. + ``(1) eliminate a backlog in processing applications for such + certificates; or + ``(2) act in response to a national emergency or natural + disaster. ``(c) Manner of Extension.--Any extension granted under this section may be granted to individual vessels or to a specifically identified group of vessels.''. @@ -69097,21 +74340,19 @@ identified group of vessels.''. the following: ``12108. Authority to extend duration of vessel certificates.''. - -SEC. 10212. VESSEL SAFETY STANDARDS. - +SEC. 8321. VESSEL SAFETY STANDARDS. (a) Fishing Safety Training Grants Program.--Subsection (i) of section 4502 of title 46, United States Code, is amended-- - (1) in paragraph (3), by striking ``50 percent'' and - inserting ``75 percent''; and - (2) in paragraph (4), by striking ``2019'' and inserting - ``2021''. + (1) in paragraph (3), by striking ``50 percent'' and inserting + ``75 percent''; and + (2) in paragraph (4), by striking ``2019'' and inserting + ``2021''. (b) Fishing Safety Research Grant Program.--Subsection (j) of such section is amended-- - (1) in paragraph (3), by striking ``50 percent'' and - inserting ``75 percent''; and - (2) in paragraph (4), by striking ``2019'' and inserting - ``2021''. + (1) in paragraph (3), by striking ``50 percent'' and inserting + ``75 percent''; and + (2) in paragraph (4), by striking ``2019'' and inserting + ``2021''. (c) Fishing Safety Grants.--The cap on the Federal share of the cost of any activity carried out with a grant under subsections (i) and (j) of section 4502 of title 46, United States Code, as in effect prior @@ -69119,26 +74360,23 @@ to the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, shall apply to any funds appropriated under the Consolidated Appropriations Act, 2017 (Public Law 115-31) for the purpose of making such grants. - -SEC. 10213. MEDICAL STANDARDS. - +SEC. 8322. MEDICAL STANDARDS. (a) In General.--Chapter 35 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 3509. Medical standards ``The owner of a vessel to which section 3507 applies shall ensure that-- - ``(1) a physician is always present and available to treat - any passengers who may be on board the vessel in the event of - an emergency situation; - ``(2) the vessel is in compliance with the Health Care - Guidelines for Cruise Ship Medical Facilities established by - the American College of Emergency Physicians; and - ``(3) the initial safety briefing given to the passengers - on board the vessel includes-- - ``(A) the location of the vessel's medical - facilities; and - ``(B) the appropriate steps passengers should - follow during a medical emergency.''. + ``(1) a physician is always present and available to treat any + passengers who may be on board the vessel in the event of an + emergency situation; + ``(2) the vessel is in compliance with the Health Care + Guidelines for Cruise Ship Medical Facilities established by the + American College of Emergency Physicians; and + ``(3) the initial safety briefing given to the passengers on + board the vessel includes-- + ``(A) the location of the vessel's medical facilities; and + ``(B) the appropriate steps passengers should follow during + a medical emergency.''. (b) Clerical Amendment.--The analysis for chapter 35 of title 46, United States Code, is amended by adding at the end the following: @@ -69146,49 +74384,43 @@ United States Code, is amended by adding at the end the following: Subtitle C--Advisory Committees -SEC. 10301. ADVISORY COMMITTEES. - +SEC. 8331. ADVISORY COMMITTEES. (a) National Offshore Safety Advisory Committee; Representation.-- Section 15106(c)(3) of title 46, United States Code, is amended-- - (1) in subparagraph (C), by striking ``mineral and oil - operations, including geophysical services'' and inserting - ``operations''; - (2) in subparagraph (D), by striking ``exploration and - recovery''; - (3) in subparagraph (E), by striking ``engaged in diving - services related to offshore construction, inspection, and - maintenance'' and inserting ``providing diving services to the - offshore industry''; - (4) in subparagraph (F), by striking ``engaged in safety - and training services related to offshore exploration and - construction'' and inserting ``providing safety and training - services to the offshore industry''; - (5) in subparagraph (G), by striking ``engaged in - pipelaying services related to offshore construction'' and - inserting ``providing subsea engineering, construction, or - remotely operated vehicle support to the offshore industry''; - (6) in subparagraph (H), by striking ``mineral and - energy''; - (7) in subparagraph (I), by inserting ``and entities - providing environmental protection, compliance, or response - services to the offshore industry'' after ``national - environmental entities''; and - (8) in subparagraph (J), by striking ``deepwater ports'' - and inserting ``entities engaged in offshore oil exploration - and production on the Outer Continental Shelf adjacent to - Alaska''. + (1) in subparagraph (C), by striking ``mineral and oil + operations, including geophysical services'' and inserting + ``operations''; + (2) in subparagraph (D), by striking ``exploration and + recovery''; + (3) in subparagraph (E), by striking ``engaged in diving + services related to offshore construction, inspection, and + maintenance'' and inserting ``providing diving services to the + offshore industry''; + (4) in subparagraph (F), by striking ``engaged in safety and + training services related to offshore exploration and + construction'' and inserting ``providing safety and training + services to the offshore industry''; + (5) in subparagraph (G), by striking ``engaged in pipelaying + services related to offshore construction'' and inserting + ``providing subsea engineering, construction, or remotely operated + vehicle support to the offshore industry''; + (6) in subparagraph (H), by striking ``mineral and energy''; + (7) in subparagraph (I), by inserting ``and entities providing + environmental protection, compliance, or response services to the + offshore industry'' after ``national environmental entities''; and + (8) in subparagraph (J), by striking ``deepwater ports'' and + inserting ``entities engaged in offshore oil exploration and + production on the Outer Continental Shelf adjacent to Alaska''. (b) Technical Corrections.--Section 15109 of title 46, United States Code, is amended by inserting ``or to which this chapter applies'' after ``committee established under this chapter'' each place it appears. - -SEC. 10302. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE. - +SEC. 8332. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE. (a) Maritime Transportation System National Advisory Committee.-- Chapter 555 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 55502. Maritime Transportation System National Advisory - Committee + Committee ``(a) Establishment.--There is established a Maritime Transportation System National Advisory Committee (in this section referred to as the `Committee'). @@ -69198,126 +74430,174 @@ transportation system and its seamless integration with other segments of the transportation system, including the viability of the United States Merchant Marine. ``(c) Membership.-- - ``(1) In general.--The Committee shall consist of 27 - members appointed by the Secretary of Transportation in - accordance with this section and section 15109. - ``(2) Expertise.--Each member of the Committee shall have - particular expertise, knowledge, and experience in matters - relating to the function of the Committee. - ``(3) Representation.--Members of the Committee shall be - appointed as follows: - ``(A) At least one member shall represent the - Environmental Protection Agency. - ``(B) At least one member shall represent the - Department of Commerce. - ``(C) At least one member shall represent the Corps - of Engineers. - ``(D) At least one member shall represent the Coast - Guard. - ``(E) At least one member shall represent Customs - and Border Protection. - ``(F) At least one member shall represent State and - local governmental entities. - ``(G) Additional members shall represent private - sector entities that reflect a cross-section of - maritime industries, including port and water - stakeholders, academia, and labor. - ``(H) The Secretary may appoint additional - representatives from other Federal agencies as the - Secretary considers appropriate. - ``(4) Restrictions on members representing federal - agencies.--Members of the Committee that represent Federal - agencies shall not-- - ``(A) comprise more than one-third of the total - membership of the Committee or of any subcommittee - therein; or - ``(B) serve as the chair or co-chair of the - Committee or of any subcommittee therein. - ``(5) Administration.--For purposes of section 15109-- - ``(A) the Committee shall be treated as a committee - established under chapter 151; and - ``(B) the Secretary of Transportation shall fulfill - all duties and responsibilities and have all - authorities of the Secretary of Homeland Security with - regard to the Committee.''. + ``(1) In general.--The Committee shall consist of 27 members + appointed by the Secretary of Transportation in accordance with + this section and section 15109. + ``(2) Expertise.--Each member of the Committee shall have + particular expertise, knowledge, and experience in matters relating + to the function of the Committee. + ``(3) Representation.--Members of the Committee shall be + appointed as follows: + ``(A) At least one member shall represent the Environmental + Protection Agency. + ``(B) At least one member shall represent the Department of + Commerce. + ``(C) At least one member shall represent the Corps of + Engineers. + ``(D) At least one member shall represent the Coast Guard. + ``(E) At least one member shall represent Customs and + Border Protection. + ``(F) At least one member shall represent State and local + governmental entities. + ``(G) Additional members shall represent private sector + entities that reflect a cross-section of maritime industries, + including port and water stakeholders, academia, and labor. + ``(H) The Secretary may appoint additional representatives + from other Federal agencies as the Secretary considers + appropriate. + ``(4) Restrictions on members representing federal agencies.-- + Members of the Committee that represent Federal agencies shall + not-- + ``(A) comprise more than one-third of the total membership + of the Committee or of any subcommittee therein; or + ``(B) serve as the chair or co-chair of the Committee or of + any subcommittee therein. + ``(5) Administration.--For purposes of section 15109-- + ``(A) the Committee shall be treated as a committee + established under chapter 151; and + ``(B) the Secretary of Transportation shall fulfill all + duties and responsibilities and have all authorities of the + Secretary of Homeland Security with regard to the Committee.''. (b) Treatment of Existing Committee.--Notwithstanding any other provision of law-- - (1) an advisory committee substantially similar to the - Committee established by section 55502 of title 46, United - States Code, and that was in force or in effect on the day - before the date of the enactment of this Act, including the - charter, membership, and other aspects of such advisory - committee, may remain in force or in effect for the 2-year - period beginning on the date of the enactment of this section; - and - (2) during such 2-year period-- - (A) requirements relating the Maritime - Transportation System National Advisory Committee - established by such section shall be treated as - satisfied by such substantially similar advisory - committee; and - (B) the enactment of this section shall not be the - basis-- - (i) to deem, find, or declare such - committee, including the charter, membership, - and other aspects thereof, void, not in force, - or not in effect; - (ii) to suspend the activities of such - committee; or - (iii) to bar the members of such committee - from a meeting. + (1) an advisory committee substantially similar to the + Committee established by section 55502 of title 46, United States + Code, and that was in force or in effect on the day before the date + of the enactment of this Act, including the charter, membership, + and other aspects of such advisory committee, may remain in force + or in effect for the 2-year period beginning on the date of the + enactment of this section; and + (2) during such 2-year period-- + (A) requirements relating the Maritime Transportation + System National Advisory Committee established by such section + shall be treated as satisfied by such substantially similar + advisory committee; and + (B) the enactment of this section shall not be the basis-- + (i) to deem, find, or declare such committee, including + the charter, membership, and other aspects thereof, void, + not in force, or not in effect; + (ii) to suspend the activities of such committee; or + (iii) to bar the members of such committee from a + meeting. (c) Clerical Amendment.--The analysis for chapter 555 of title 46, United States Code, is amended by adding at the end the following: ``55502. Maritime Transportation System National Advisory Committee.''. - (d) Repeal.--Section 55603 of title 46, United States Code, and the -item relating to that section in the analysis for chapter 556 of that -title, are repealed. -SEC. 10303. EXPIRED MARITIME LIENS. + (d) Marine Highways.-- + (1) Repeal.--Section 55603 of title 46, United States Code, and + the item relating to that section in the analysis for chapter 556 + of that title, are repealed. + (2) Marine highways program.--The chapter heading of chapter + 556 of title 46, United States Code, is amended to read ``MARINE + HIGHWAYS''. + (3) Marine highways.--Section 55601 of title 46, United States + Code, is amended-- + (A) in the section heading by striking ``Short sea'' and + inserting ``Marine highways''; + (B) by striking ``short sea'' and inserting ``marine + highway'' each place such term appears; + (C) in subsection (a)-- + (i) by striking ``transportation program'' and + inserting ``transportation program to be known as the + `America's Marine highway program'''; and + (ii) by striking ``mitigate landside congestion or to + promote short sea transportation'' and insert ``provide a + coordinated and capable alternative to landside + transportation or to promote marine highway + transportation''; and + (D) in subsection (b)-- + (i) in the subsection heading by striking ``Short Sea + Transportation'' and inserting ``Marine Highway + Transportation''; and + (ii) by striking paragraph (1) and inserting the + following: + ``(1) vessels documented under chapter 121 of this title;''. + (4) Cargo and shippers; interagency coordination and + research.--Sections 55602 and 55604 of title 46, United States + Code, are amended by striking ``short sea'' and inserting ``marine + highway'' each place such term appears. + (5) Research on marine highways transportation.--Section 55604 + of title 46, United States Code, is amended in the section heading + by striking ``short sea'' and inserting ``marine highway'' + (6) Definition.--Section 55605 of title 46, United States Code, + is amended-- + (A) in the section heading by striking ``Short sea'' and + inserting ``Marine highway''; and + (B) by striking ``short sea transportation'' and inserting + ``marine highway transportation''. + (7) Clerical amendments.--The analysis for chapter 556 of title + 46, United States Code, is amended-- + (A) by striking the item related to chapter 556 and + inserting the following: + + ``Chapter 556--Marine Highways''; + + (B) by striking the item related to section 55601 and + inserting the following: + +``55601. Marine highways transportation program.''; + + (C) by striking the item related to section 55604 and + inserting the following: + +``55604. Research on marine highway transportation.''; and + + (D) by striking the item related to section 55605 and + inserting the following: +``55605. Marine highway transportation defined.''. +SEC. 8333. EXPIRED MARITIME LIENS. Section 31343(e) of title 46, United States Code, is amended-- - (1) by inserting ``(1)'' before ``A notice''; and - (2) by inserting after paragraph (1), as so designated by - this section, the following: + (1) by inserting ``(1)'' before ``A notice''; and + (2) by inserting after paragraph (1), as so designated by this + section, the following: ``(2) On expiration of a notice of claim of lien under paragraph (1), and after a request by the vessel owner, the Secretary shall annotate the abstract of title to reflect the expiration of the lien.''. - -SEC. 10304. GREAT LAKES PILOTAGE ADVISORY COMMITTEE. - +SEC. 8334. GREAT LAKES PILOTAGE ADVISORY COMMITTEE. (a) In General.--Section 9307 of title 46, United States Code, is amended-- - (1) in subsection (b)-- - (A) in paragraph (1), by striking ``seven'' and - inserting ``8''; and - (B) in paragraph (2)-- - (i) in subparagraph (B), by striking - ``representing the interests of'' and inserting - ``chosen from among nominations made by''; - (ii) in subparagraph (C), by striking - ``representing the interests of Great Lakes - ports'' and inserting ``chosen from among - nominations made by Great Lakes port - authorities and marine terminals''; - (iii) in subparagraph (D)-- - (I) by striking ``representing the - interests of'' and inserting ``chosen - from among nominations made by''; and - (II) by striking ``; and'' and - inserting a semicolon; - (iv) by redesignating subparagraph (E) as - subparagraph (F); - (v) by inserting after subparagraph (D) the - following: - ``(E) one member chosen from among nominations made by - Great Lakes maritime labor organizations; and''; and - (vi) in subparagraph (F), as so - redesignated, by striking ``with a background - in finance or accounting,''; and - (2) in subsection (f)(1), by striking ``2020'' and - inserting ``2030''. + (1) in subsection (b)-- + (A) in paragraph (1), by striking ``seven'' and inserting + ``8''; and + (B) in paragraph (2)-- + (i) in subparagraph (B), by striking ``representing the + interests of'' and inserting ``chosen from among + nominations made by''; + (ii) in subparagraph (C), by striking ``representing + the interests of Great Lakes ports'' and inserting ``chosen + from among nominations made by Great Lakes port authorities + and marine terminals''; + (iii) in subparagraph (D)-- + + (I) by striking ``representing the interests of'' + and inserting ``chosen from among nominations made + by''; and + (II) by striking ``; and'' and inserting a + semicolon; + + (iv) by redesignating subparagraph (E) as subparagraph + (F); + (v) by inserting after subparagraph (D) the following: + ``(E) one member chosen from among nominations made by Great + Lakes maritime labor organizations; and''; and + (vi) in subparagraph (F), as so redesignated, by + striking ``with a background in finance or accounting,''; + and + (2) in subsection (f)(1), by striking ``2020'' and inserting + ``2030''. (b) Committee Deemed Not Expired.--Notwithstanding section 9307(f)(1) of title 46, United States Code, in any case in which the date of enactment of this Act occurs after September 30, 2020, the @@ -69326,112 +74606,101 @@ Great Lakes Pilotage Advisory Committee in existence as of September September 30, 2020 through the date of enactment of this Act. Accordingly, the committee membership, charter, and the activities of such Committee shall continue as though such Committee had not expired. +SEC. 8335. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE. + (a) National Commercial Fishing Safety Advisory Committee.-- + (1) Amendments to section 15102.--Section 15102 of title 46, + United States Code, is amended-- + (A) in subsection (b)-- + (i) in paragraph (1)-- -SEC. 10305. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE. + (I) by inserting ``and provide recommendations in + writing to'' after ``advise''; and + (II) in subparagraph (E), by striking ``and'' after + the semicolon; and - (a) National Commercial Fishing Safety Advisory Committee.-- - (1) Amendments to section 15102.--Section 15102 of title - 46, United States Code, is amended-- - (A) in subsection (b)-- - (i) in paragraph (1)-- - (I) by inserting ``and provide - recommendations in writing to'' after - ``advise''; and - (II) in subparagraph (E), by - striking ``and'' after the semicolon; - and - (ii) in paragraph (2)-- - (I) by striking the period and - inserting ``; and''; and - (II) by adding at the end the - following: - ``(3) review marine casualties and investigations of - vessels covered by chapter 45 of this title and make - recommendations to the Secretary to improve safety and reduce - vessel casualties.''; and - (B) by adding at the end the following: + (ii) in paragraph (2)-- + + (I) by striking the period and inserting ``; and''; + and + (II) by adding at the end the following: + + ``(3) review marine casualties and investigations of vessels + covered by chapter 45 of this title and make recommendations to the + Secretary to improve safety and reduce vessel casualties.''; and + (B) by adding at the end the following: ``(d) Quorum.--A quorum of 10 members is required to send any written recommendations from the Committee to the Secretary. ``(e) Savings Clause.--Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea.''. - (2) Amendments to section 15109.--Section 15109 of title - 46, United States Code, is amended-- - (A) in subsection (a)-- - (i) by striking ``Each'' and inserting the - following: - ``(1) In general.--Except as provided in paragraph (2), - each''; and - (ii) by adding at the end the following: - ``(2) Minimum requirements.--The committee established - under section 15102, shall-- - ``(A) meet in-person, not less frequently than - twice each year, at the call of the Secretary of a - majority of the members of the committee; - ``(B) hold additional meetings as necessary; - ``(C) post the minutes of each meeting of the - committee on a publicly available website not later - than 2 weeks after the date on which a meeting - concludes; and - ``(D) provide reasonable public notice of any - meeting of the committee, and publish such notice in - the Federal Register and on a publicly available - website.''; - (B) in subsection (f)(8)-- - (i) by striking ``Notwithstanding'' and - inserting the following: - ``(A) Reappointment.--Notwithstanding''; and - (ii) by adding at the end the following: - ``(B) Limitation.--With respect to the committee - established under section 15102, members may serve not - more than 3 terms.''; - (C) in subsection (j)(3)-- - (i) in subparagraph (B), by striking - ``and''; - (ii) in subparagraph (C), by striking the - period and inserting ``; and''; and - (iii) by adding at the end the following: - ``(D) make all responses required by subparagraph - (C) which are related to recommendations made by the - committee established under section 15102 available to - the public not later than 30 days after the date of - response.''; - (D) by amending subsection (k) to read as follows: + (2) Amendments to section 15109.--Section 15109 of title 46, + United States Code, is amended-- + (A) in subsection (a)-- + (i) by striking ``Each'' and inserting the following: + ``(1) In general.--Except as provided in paragraph (2), each''; + and + (ii) by adding at the end the following: + ``(2) Minimum requirements.--The committee established under + section 15102, shall-- + ``(A) meet in-person, not less frequently than twice each + year, at the call of the Secretary of a majority of the members + of the committee; + ``(B) hold additional meetings as necessary; + ``(C) post the minutes of each meeting of the committee on + a publicly available website not later than 2 weeks after the + date on which a meeting concludes; and + ``(D) provide reasonable public notice of any meeting of + the committee, and publish such notice in the Federal Register + and on a publicly available website.''; + (B) in subsection (f)(8)-- + (i) by striking ``Notwithstanding'' and inserting the + following: + ``(A) Reappointment.--Notwithstanding''; and + (ii) by adding at the end the following: + ``(B) Limitation.--With respect to the committee + established under section 15102, members may serve not more + than 3 terms.''; + (C) in subsection (j)(3)-- + (i) in subparagraph (B), by striking ``and''; + (ii) in subparagraph (C), by striking the period and + inserting ``; and''; and + (iii) by adding at the end the following: + ``(D) make all responses required by subparagraph (C) which + are related to recommendations made by the committee + established under section 15102 available to the public not + later than 30 days after the date of response.''; + (D) by amending subsection (k) to read as follows: ``(k) Observers.-- - ``(1) In general.--Any Federal agency with matters under - such agency's administrative jurisdiction related to the - function of a committee established under this chapter may - designate a representative to-- - ``(A) attend any meeting of such committee; and - ``(B) participate as an observer at meetings of - such committee that relate to such a matter. - ``(2) National commercial fishing safety advisory - committee.--With respect to the committee established under - section 15102, the Commandant of the Coast Guard shall - designate a representative under paragraph (1).''; - (E) in subsection (l), by striking ``2027'' and - inserting ``2029''; - (F) by redesignating subsection (l) as subsection - (m); - (G) by inserting after subsection (k) the - following: + ``(1) In general.--Any Federal agency with matters under such + agency's administrative jurisdiction related to the function of a + committee established under this chapter may designate a + representative to-- + ``(A) attend any meeting of such committee; and + ``(B) participate as an observer at meetings of such + committee that relate to such a matter. + ``(2) National commercial fishing safety advisory committee.-- + With respect to the committee established under section 15102, the + Commandant of the Coast Guard shall designate a representative + under paragraph (1).''; + (E) in subsection (l), by striking ``2027'' and inserting + ``2029''; + (F) by redesignating subsection (l) as subsection (m); + (G) by inserting after subsection (k) the following: ``(l) Technical Assistance.-- - ``(1) In general.--The Secretary shall provide technical - assistance to the Committee if requested by the Chairman. - ``(2) Committee consultation.--With respect to the - committee established under section 15102, the Chairman of the - committee shall seek expertise from the fishing industry, - marine safety experts, the shipbuilding industry, and others as - the committee determines appropriate.''; and - (H) by adding at the end the following: + ``(1) In general.--The Secretary shall provide technical + assistance to the Committee if requested by the Chairman. + ``(2) Committee consultation.--With respect to the committee + established under section 15102, the Chairman of the committee + shall seek expertise from the fishing industry, marine safety + experts, the shipbuilding industry, and others as the committee + determines appropriate.''; and + (H) by adding at the end the following: ``(n) Savings Clause.--Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea.''. - -SEC. 10306. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN - ALASKAN REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY - SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS COMMISSION. - +SEC. 8336. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN ALASKAN +REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY SYSTEM REQUIREMENTS OF +FEDERAL COMMUNICATIONS COMMISSION. (a) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating. @@ -69444,30 +74713,30 @@ DSC and MF-DSC equipment under subpart W of part 80 of title 47, Code of Federal Regulations, or any successor regulation. (c) Functional Requirements.--A fishing vessel exempted under subsection (b) shall-- - (1) be capable of transmitting ship-to-shore distress - alerts using not fewer than 2 separate and independent systems, - each using a different radio communication service; - (2) be equipped with-- - (A) a VHF radiotelephone installation; - (B) an MF or HF radiotelephone installation; - (C) a Category 1, 406.0-406.1 MHz EPIRB meeting the - requirements of section 80.1061 of title 47, Code of - Federal Regulations, or any successor regulation; - (D) a NAVTEX receiver meeting the requirements of - section 80.1101(c)(1) of title 47, Code of Federal - Regulations, or any successor regulation; - (E) survival craft equipment meeting the - requirements of section 80.1095 of title 47, Code of - Federal Regulations, or any successor regulation; and - (F) a Search and Rescue Transponder meeting the - requirements of section 80.1101(c)(6) of title 47, Code - of Federal Regulations, or any successor regulation; - (3) maintain a continuous watch on VHF Channel 16; and - (4) as an alternative to the equipment listed in - subparagraphs (A) through (F) of paragraph (2), carry equipment - found by the Federal Communications Commission, in consultation - with the Secretary, to be equivalent or superior with respect - to ensuring the safety of the vessel. + (1) be capable of transmitting ship-to-shore distress alerts + using not fewer than 2 separate and independent systems, each using + a different radio communication service; + (2) be equipped with-- + (A) a VHF radiotelephone installation; + (B) an MF or HF radiotelephone installation; + (C) a Category 1, 406.0-406.1 MHz EPIRB meeting the + requirements of section 80.1061 of title 47, Code of Federal + Regulations, or any successor regulation; + (D) a NAVTEX receiver meeting the requirements of section + 80.1101(c)(1) of title 47, Code of Federal Regulations, or any + successor regulation; + (E) survival craft equipment meeting the requirements of + section 80.1095 of title 47, Code of Federal Regulations, or + any successor regulation; and + (F) a Search and Rescue Transponder meeting the + requirements of section 80.1101(c)(6) of title 47, Code of + Federal Regulations, or any successor regulation; + (3) maintain a continuous watch on VHF Channel 16; and + (4) as an alternative to the equipment listed in subparagraphs + (A) through (F) of paragraph (2), carry equipment found by the + Federal Communications Commission, in consultation with the + Secretary, to be equivalent or superior with respect to ensuring + the safety of the vessel. (d) Definition of Alaskan Region.--Not later than 30 days after the date of enactment of this Act, the Secretary shall define the term ``Alaskan Region'' for purposes of this section. The Secretary shall @@ -69476,39 +74745,30 @@ Coast Guard District 17. Subtitle D--Ports -SEC. 10401. PORT, HARBOR, AND COASTAL FACILITY SECURITY. - +SEC. 8341. PORT, HARBOR, AND COASTAL FACILITY SECURITY. Section 70116 of title 46, United States Code, is amended-- - (1) in subsection (a), by inserting ``, cyber incidents, - transnational organized crime, and foreign state threats'' - after ``an act of terrorism''; - (2) in subsection (b)-- - (A) in paragraphs (1) and (2), by inserting ``cyber - incidents, transnational organized crime, and foreign - state threats'' after ``terrorism'' each place it - appears; and - (B) in paragraph (3)-- - (i) by striking ``armed'' and inserting ``, - armed (as needed),''; and - (ii) by striking ``terrorism or - transportation security incidents,'' and - inserting ``terrorism, cyber incidents, - transnational organized crime, foreign state - threats, or transportation security - incidents,''; and - (3) in subsection (c)-- - (A) by striking ``70034,'' and inserting - ``70033,''; and - (B) by adding at the end the following new - sentence: ``When preventing or responding to acts of - terrorism, cyber incidents, transnational organized - crime, or foreign state threats, the Secretary may - carry out this section without regard to chapters 5 and - 6 of title 5 or Executive Order Nos. 12866 and - 13563.''. - -SEC. 10402. AIMING LASER POINTER AT VESSEL. - + (1) in subsection (a), by inserting ``, cyber incidents, + transnational organized crime, and foreign state threats'' after + ``an act of terrorism''; + (2) in subsection (b)-- + (A) in paragraphs (1) and (2), by inserting ``cyber + incidents, transnational organized crime, and foreign state + threats'' after ``terrorism'' each place it appears; and + (B) in paragraph (3)-- + (i) by striking ``armed'' and inserting ``, armed (as + needed),''; and + (ii) by striking ``terrorism or transportation security + incidents,'' and inserting ``terrorism, cyber incidents, + transnational organized crime, foreign state threats, or + transportation security incidents,''; and + (3) in subsection (c)-- + (A) by striking ``70034,'' and inserting ``70033,''; and + (B) by adding at the end the following new sentence: ``When + preventing or responding to acts of terrorism, cyber incidents, + transnational organized crime, or foreign state threats, the + Secretary may carry out this section without regard to chapters + 5 and 6 of title 5 or Executive Order Nos. 12866 and 13563.''. +SEC. 8342. AIMING LASER POINTER AT VESSEL. (a) In General.--Subchapter II of chapter 700 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 70014. Aiming laser pointer at vessel @@ -69529,553 +74789,551 @@ identify a specific position, place, item, or object.''. the following: ``70014. Aiming laser pointer at vessel.''. - -SEC. 10403. SAFETY OF SPECIAL ACTIVITIES. - +SEC. 8343. SAFETY OF SPECIAL ACTIVITIES. (a) In General.--The Secretary of the department in which the Coast Guard is operating shall conduct a 2-year pilot program to establish and implement a process to-- - (1) establish safety zones to address special activities in - the exclusive economic zone; - (2) account for the number of safety zones established for - special activities; - (3) differentiate whether an applicant who requests a - safety zone for such activities is-- - (A) an individual; - (B) an organization; or - (C) a government entity; and - (4) account for Coast Guard resources utilized to enforce - safety zones established for special activities, including-- - (A) the number of Coast Guard or Coast Guard - Auxiliary vessels used; and - (B) the number of Coast Guard or Coast Guard - Auxiliary patrol hours required. + (1) establish safety zones to address special activities in the + exclusive economic zone; + (2) account for the number of safety zones established for + special activities; + (3) differentiate whether an applicant who requests a safety + zone for such activities is-- + (A) an individual; + (B) an organization; or + (C) a government entity; and + (4) account for Coast Guard resources utilized to enforce + safety zones established for special activities, including-- + (A) the number of Coast Guard or Coast Guard Auxiliary + vessels used; and + (B) the number of Coast Guard or Coast Guard Auxiliary + patrol hours required. (b) Briefing.--Not later than 180 days after the expiration of the 2-year pilot program, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding-- - (1) the process required under subsection (a); and - (2) whether the authority to establish safety zones to - address special activities in the exclusive economic zone - should be extended or made permanent in the interest of safety. + (1) the process required under subsection (a); and + (2) whether the authority to establish safety zones to address + special activities in the exclusive economic zone should be + extended or made permanent in the interest of safety. (c) Definitions.--In this section: - (1) Safety zone.--The term ``safety zone'' has the meaning - given such term in section 165.20 of title 33, Code of Federal - Regulations. - (2) Special activities.--The term ``special activities'' - includes-- - (A) space activities, including launch and reentry, - as such terms are defined in section 50902 of title 51, - United States Code, carried out by United States - citizens; and - (B) offshore energy development activities, as - described in section 8(p)(1)(C) of the Outer - Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), - on or near a fixed platform. - (3) United states citizen.--The term ``United States - citizen'' has the meaning given the term ``eligible owners'' in - section 12103 of title 46, United States Code. - (4) Fixed platform.--The term ``fixed platform'' means an - artificial island, installation, or structure permanently - attached to the sea-bed for the purpose of exploration or - exploitation of resources or for other economic purposes. - -SEC. 10404. SECURITY PLANS; REVIEWS. - + (1) Safety zone.--The term ``safety zone'' has the meaning + given such term in section 165.20 of title 33, Code of Federal + Regulations. + (2) Special activities.--The term ``special activities'' + includes-- + (A) space activities, including launch and reentry, as such + terms are defined in section 50902 of title 51, United States + Code, carried out by United States citizens; and + (B) offshore energy development activities, as described in + section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 + U.S.C. 1337(p)(1)(C)), on or near a fixed platform. + (3) United states citizen.--The term ``United States citizen'' + has the meaning given the term ``eligible owners'' in section 12103 + of title 46, United States Code. + (4) Fixed platform.--The term ``fixed platform'' means an + artificial island, installation, or structure permanently attached + to the sea-bed for the purpose of exploration or exploitation of + resources or for other economic purposes. +SEC. 8344. SECURITY PLANS; REVIEWS. Section 70103 of title 46, United States Code, is amended-- - (1) by amending subsection (b)(3) to read as follows: - ``(3) The Secretary shall review and approve Area Maritime - Transportation Security Plans and updates under this - subsection.''; and - (2) in subsection (c)(4), by inserting ``or update'' after - ``plan'' each place it appears. - -SEC. 10405. VESSEL TRAFFIC SERVICE. - + (1) by amending subsection (b)(3) to read as follows: + ``(3) The Secretary shall review and approve Area Maritime + Transportation Security Plans and updates under this subsection.''; + and + (2) in subsection (c)(4), by inserting ``or update'' after + ``plan'' each place it appears. +SEC. 8345. VESSEL TRAFFIC SERVICE. Section 70001 of title 46, United States Code, is amended to read as follows: ``Sec. 70001. Vessel traffic services ``(a) In General.--Subject to the requirements of section 70004, the Secretary-- - ``(1) in any port or place under the jurisdiction of the - United States, in the navigable waters of the United States, or - in any area covered by an international agreement negotiated - pursuant to section 70005, may construct, operate, maintain, - improve, or expand vessel traffic services, that consist of - measures for controlling or supervising vessel traffic or for - protecting navigation and the marine environment and that may - include one or more of reporting and operating requirements, - surveillance and communications systems, routing systems, and - fairways; - ``(2) shall require appropriate vessels that operate in an - area of a vessel traffic service to utilize or comply with that - service; - ``(3) may require vessels to install and use specified - navigation equipment, communications equipment, electronic - relative motion analyzer equipment, or any electronic or other - device necessary to comply with a vessel traffic service or - that is necessary in the interests of vessel safety, except - that the Secretary shall not require fishing vessels under 300 - gross tons as measured under section 14502, or an alternate - tonnage measured under section 14302 as prescribed by the - Secretary under section 14104, or recreational vessels 65 feet - or less to possess or use the equipment or devices required by - this subsection solely under the authority of this chapter; - ``(4) may control vessel traffic in areas subject to the - jurisdiction of the United States that the Secretary determines - to be hazardous, or under conditions of reduced visibility, - adverse weather, vessel congestion, or other hazardous - circumstances, by-- - ``(A) specifying times of entry, movement, or - departure; - ``(B) establishing vessel traffic routing schemes; - ``(C) establishing vessel size, speed, or draft - limitations and vessel operating conditions; and - ``(D) restricting operation, in any hazardous area - or under hazardous conditions, to vessels that have - particular operating characteristics or capabilities - that the Secretary considers necessary for safe - operation under the circumstances; - ``(5) may require the receipt of prearrival messages from - any vessel, destined for a port or place subject to the - jurisdiction of the United States, in sufficient time to permit - advance vessel traffic planning before port entry, which shall - include any information that is not already a matter of record - and that the Secretary determines necessary for the control of - the vessel and the safety of the port or the marine - environment; and - ``(6) may prohibit the use on vessels of electronic or - other devices that interfere with communication and navigation - equipment, except that such authority shall not apply to - electronic or other devices certified to transmit in the - maritime services by the Federal Communications Commission and - used within the frequency bands 157.1875-157.4375 MHz and - 161.7875-162.0375 MHz. + ``(1) in any port or place under the jurisdiction of the United + States, in the navigable waters of the United States, or in any + area covered by an international agreement negotiated pursuant to + section 70005, may construct, operate, maintain, improve, or expand + vessel traffic services, that consist of measures for controlling + or supervising vessel traffic or for protecting navigation and the + marine environment and that may include one or more of reporting + and operating requirements, surveillance and communications + systems, routing systems, and fairways; + ``(2) shall require appropriate vessels that operate in an area + of a vessel traffic service to utilize or comply with that service; + ``(3) may require vessels to install and use specified + navigation equipment, communications equipment, electronic relative + motion analyzer equipment, or any electronic or other device + necessary to comply with a vessel traffic service or that is + necessary in the interests of vessel safety, except that the + Secretary shall not require fishing vessels under 300 gross tons as + measured under section 14502, or an alternate tonnage measured + under section 14302 as prescribed by the Secretary under section + 14104, or recreational vessels 65 feet or less to possess or use + the equipment or devices required by this subsection solely under + the authority of this chapter; + ``(4) may control vessel traffic in areas subject to the + jurisdiction of the United States that the Secretary determines to + be hazardous, or under conditions of reduced visibility, adverse + weather, vessel congestion, or other hazardous circumstances, by-- + ``(A) specifying times of entry, movement, or departure; + ``(B) establishing vessel traffic routing schemes; + ``(C) establishing vessel size, speed, or draft limitations + and vessel operating conditions; and + ``(D) restricting operation, in any hazardous area or under + hazardous conditions, to vessels that have particular operating + characteristics or capabilities that the Secretary considers + necessary for safe operation under the circumstances; + ``(5) may require the receipt of prearrival messages from any + vessel, destined for a port or place subject to the jurisdiction of + the United States, in sufficient time to permit advance vessel + traffic planning before port entry, which shall include any + information that is not already a matter of record and that the + Secretary determines necessary for the control of the vessel and + the safety of the port or the marine environment; and + ``(6) may prohibit the use on vessels of electronic or other + devices that interfere with communication and navigation equipment, + except that such authority shall not apply to electronic or other + devices certified to transmit in the maritime services by the + Federal Communications Commission and used within the frequency + bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz. ``(b) National Policy.-- - ``(1) Establishment and update of national policy.-- - ``(A) Establishment of policy.--Not later than one - year after the date of enactment of this section, the - Secretary shall establish a national policy which is - inclusive of local variances permitted under subsection - (c), to be applied to all vessel traffic service - centers and publish such policy in the Federal - Register. - ``(B) Update.--The Secretary shall periodically - update the national policy established under - subparagraph (A) and shall publish such update in the - Federal Register or on a publicly available website. - ``(2) Elements.--The national policy established and - updated under paragraph (1) shall include, at a minimum, the - following: - ``(A) Standardization of titles, roles, and - responsibilities for all personnel assigned, working, - or employed in a vessel traffic service center. - ``(B) Standardization of organizational structure - within vessel traffic service centers, to include - supervisory and reporting chain and processes. - ``(C) Establishment of directives for the - application of authority provided to each vessel - traffic service center, specifically with respect to - directing or controlling vessel movement when such - action is justified in the interest of safety. - ``(D) Establishment of thresholds and measures for - monitoring, informing, recommending, and directing - vessel traffic. - ``(E) Establishment of national procedures and - protocols for vessel traffic management. - ``(F) Standardization of training for all vessel - traffic service directors, operators, and - watchstanders. - ``(G) Establishment of certification and competency - evaluation for all vessel traffic service directors, - operators, and watchstanders. - ``(H) Establishment of standard operating language - when communicating with vessel traffic users. - ``(I) Establishment of data collection, storage, - management, archiving, and dissemination policies and - procedures for vessel incidents and near-miss - incidents. + ``(1) Establishment and update of national policy.-- + ``(A) Establishment of policy.--Not later than one year + after the date of enactment of this section, the Secretary + shall establish a national policy which is inclusive of local + variances permitted under subsection (c), to be applied to all + vessel traffic service centers and publish such policy in the + Federal Register. + ``(B) Update.--The Secretary shall periodically update the + national policy established under subparagraph (A) and shall + publish such update in the Federal Register or on a publicly + available website. + ``(2) Elements.--The national policy established and updated + under paragraph (1) shall include, at a minimum, the following: + ``(A) Standardization of titles, roles, and + responsibilities for all personnel assigned, working, or + employed in a vessel traffic service center. + ``(B) Standardization of organizational structure within + vessel traffic service centers, to include supervisory and + reporting chain and processes. + ``(C) Establishment of directives for the application of + authority provided to each vessel traffic service center, + specifically with respect to directing or controlling vessel + movement when such action is justified in the interest of + safety. + ``(D) Establishment of thresholds and measures for + monitoring, informing, recommending, and directing vessel + traffic. + ``(E) Establishment of national procedures and protocols + for vessel traffic management. + ``(F) Standardization of training for all vessel traffic + service directors, operators, and watchstanders. + ``(G) Establishment of certification and competency + evaluation for all vessel traffic service directors, operators, + and watchstanders. + ``(H) Establishment of standard operating language when + communicating with vessel traffic users. + ``(I) Establishment of data collection, storage, + management, archiving, and dissemination policies and + procedures for vessel incidents and near-miss incidents. ``(c) Local Variances.-- - ``(1) Development.--In this section, the Secretary may - provide for such local variances as the Secretary considers - appropriate to account for the unique vessel traffic, waterway - characteristics, and any additional factors that are - appropriate to enhance navigational safety in any area where - vessel traffic services are provided. - ``(2) Review and approval by secretary.--The Captain of the - Port covered by a vessel traffic service center may develop and - submit to the Secretary regional policies in addition to the - national policy established and updated under subsection (b) to - account for variances from that national policy with respect to - local vessel traffic conditions and volume, geography, water - body characteristics, waterway usage, and any additional - factors that the Captain considers appropriate. - ``(3) Review and implementation.--Not later than 180 days - after receiving regional policies under paragraph (2)-- - ``(A) the Secretary shall review such regional - policies; and - ``(B) the Captain of the port concerned shall - implement the policies that the Secretary approves. - ``(4) Maintenance.--The Secretary shall maintain a central - depository for all local variances approved under this section. + ``(1) Development.--In this section, the Secretary may provide + for such local variances as the Secretary considers appropriate to + account for the unique vessel traffic, waterway characteristics, + and any additional factors that are appropriate to enhance + navigational safety in any area where vessel traffic services are + provided. + ``(2) Review and approval by secretary.--The Captain of the + Port covered by a vessel traffic service center may develop and + submit to the Secretary regional policies in addition to the + national policy established and updated under subsection (b) to + account for variances from that national policy with respect to + local vessel traffic conditions and volume, geography, water body + characteristics, waterway usage, and any additional factors that + the Captain considers appropriate. + ``(3) Review and implementation.--Not later than 180 days after + receiving regional policies under paragraph (2)-- + ``(A) the Secretary shall review such regional policies; + and + ``(B) the Captain of the port concerned shall implement the + policies that the Secretary approves. + ``(4) Maintenance.--The Secretary shall maintain a central + depository for all local variances approved under this section. ``(d) Cooperative Agreements.-- - ``(1) In general.--The Secretary may enter into cooperative - agreements with public or private agencies, authorities, - associations, institutions, corporations, organizations, or - other persons to carry out the functions under subsection - (a)(1). - ``(2) International coordination.--With respect to vessel - traffic service areas that cross international boundaries, the - Secretary may enter into bilateral or cooperative agreements - with international partners to jointly carry out the functions - under subsection (a)(1) and to jointly manage such areas to - collect, share, assess, and analyze information in the - possession or control of the international partner. - ``(3) Limitation.-- - ``(A) Inherently governmental function.--A - nongovernmental entity may not under this subsection - carry out an inherently governmental function. - ``(B) Definition of inherently governmental - function.--In this paragraph, the term `inherently - governmental function' means any activity that is so - intimately related to the public interest as to mandate - performance by an officer or employee of the Federal - Government, including an activity that requires either - the exercise of discretion in applying the authority of - the Government or the use of judgment in making a - decision for the Government. - ``(4) Disclosure.--The Commandant of the Coast Guard shall - de-identify information prior to release to the public, - including near miss incidents. + ``(1) In general.--The Secretary may enter into cooperative + agreements with public or private agencies, authorities, + associations, institutions, corporations, organizations, or other + persons to carry out the functions under subsection (a)(1). + ``(2) International coordination.--With respect to vessel + traffic service areas that cross international boundaries, the + Secretary may enter into bilateral or cooperative agreements with + international partners to jointly carry out the functions under + subsection (a)(1) and to jointly manage such areas to collect, + share, assess, and analyze information in the possession or control + of the international partner. + ``(3) Limitation.-- + ``(A) Inherently governmental function.--A nongovernmental + entity may not under this subsection carry out an inherently + governmental function. + ``(B) Definition of inherently governmental function.--In + this paragraph, the term `inherently governmental function' + means any activity that is so intimately related to the public + interest as to mandate performance by an officer or employee of + the Federal Government, including an activity that requires + either the exercise of discretion in applying the authority of + the Government or the use of judgment in making a decision for + the Government. + ``(4) Disclosure.--The Commandant of the Coast Guard shall de- + identify information prior to release to the public, including near + miss incidents. ``(e) Performance Evaluation.-- - ``(1) In general.--The Secretary shall develop and - implement a standard method for evaluating the performance of - vessel traffic service centers. - ``(2) Elements.--The standard method developed and - implemented under paragraph (1) shall include, at a minimum, - analysis and collection of data with respect to the following - within a vessel traffic service area covered by each vessel - traffic service center: - ``(A) Volume of vessel traffic, categorized by type - of vessel. - ``(B) Total volume of flammable, combustible, or - hazardous liquid cargo transported, categorized by - vessel type as provided in the Notice of Arrival, if - applicable, or as determined by other means. - ``(C) Data on near-miss incidents. - ``(D) Data on marine casualties. - ``(E) Application by vessel traffic operators of - traffic management authority during near-miss incidents - and marine casualties. - ``(F) Other additional methods as the Secretary - considers appropriate. - ``(3) Report.--Not later than 1 year after the date of the - enactment of this paragraph, and biennially thereafter, the - Secretary shall submit to the Committee on Commerce, Science, - and Transportation of the Senate and the Committee on - Transportation and Infrastructure of the House of - Representatives a report on the evaluation conducted under - paragraph (1) of the performance of vessel traffic service - centers, including-- - ``(A) recommendations to improve safety and - performance; and - ``(B) data regarding marine casualties and near- - miss incidents that have occurred during the period - covered by the report. + ``(1) In general.--The Secretary shall develop and implement a + standard method for evaluating the performance of vessel traffic + service centers. + ``(2) Elements.--The standard method developed and implemented + under paragraph (1) shall include, at a minimum, analysis and + collection of data with respect to the following within a vessel + traffic service area covered by each vessel traffic service center: + ``(A) Volume of vessel traffic, categorized by type of + vessel. + ``(B) Total volume of flammable, combustible, or hazardous + liquid cargo transported, categorized by vessel type as + provided in the Notice of Arrival, if applicable, or as + determined by other means. + ``(C) Data on near-miss incidents. + ``(D) Data on marine casualties. + ``(E) Application by vessel traffic operators of traffic + management authority during near-miss incidents and marine + casualties. + ``(F) Other additional methods as the Secretary considers + appropriate. + ``(3) Report.--Not later than 1 year after the date of the + enactment of this paragraph, and biennially thereafter, the + Secretary shall submit to the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Transportation + and Infrastructure of the House of Representatives a report on the + evaluation conducted under paragraph (1) of the performance of + vessel traffic service centers, including-- + ``(A) recommendations to improve safety and performance; + and + ``(B) data regarding marine casualties and near-miss + incidents that have occurred during the period covered by the + report. ``(f) Risk Assessment Program.-- - ``(1) In general.--The Secretary shall develop a continuous - risk assessment program to evaluate and mitigate safety risks - for each vessel traffic service area to improve safety and - reduce the risks of oil and hazardous material discharge in - navigable waters. - ``(2) Method for assessment.--The Secretary, in - coordination with stakeholders and the public, shall develop a - standard method for conducting risk assessments under paragraph - (1) that includes the collection and management of all - information necessary to identify and analyze potential - hazardous navigational trends within a vessel traffic service - area. - ``(3) Information to be assessed.-- - ``(A) In general.--The Secretary shall ensure that - a risk assessment conducted under paragraph (1) - includes an assessment of the following: - ``(i) Volume of vessel traffic, categorized - by type of vessel. - ``(ii) Total volume of flammable, - combustible, or hazardous liquid cargo - transported, categorized by vessel type as - provided in the Notice of Arrival, if - applicable, or as determined by other means. - ``(iii) Data on near-miss events incidents. - ``(iv) Data on marine casualties. - ``(v) Geographic locations for near-miss - events incidents and marine casualties, - including latitude and longitude. - ``(vi) Cyclical risk factors such as - weather, seasonal water body currents, tides, - bathymetry, and topography. - ``(vii) Weather data, in coordination with - the National Oceanic and Atmospheric - Administration. - ``(B) Information storage and management - policies.--The Secretary shall retain all information - collected under subparagraph (A) and ensure policies - and procedures are in place to standardize the format - in which that information is retained to facilitate - statistical analysis of that information to calculate - within a vessel traffic service area, at a minimum, the - incident rate, intervention rate, and casualty - prevention rate. - ``(4) Public availability.-- - ``(A) Assessments and information.--In accordance - with section 552 of title 5, the Secretary shall make - any risk assessments conducted under paragraph (1) and - any information collected under paragraph (3)(A) - available to the public. - ``(B) Information in possession or control of - international partners.--The Secretary shall endeavor - to coordinate with international partners as described - in subsection (d)(2) to enter into agreements to make - information collected, shared, and analyzed under that - paragraph available to the public. - ``(C) Disclosure.--The Commandant of the Coast - Guard shall de-identify information prior to release to - the public, including near-miss incidents. + ``(1) In general.--The Secretary shall develop a continuous + risk assessment program to evaluate and mitigate safety risks for + each vessel traffic service area to improve safety and reduce the + risks of oil and hazardous material discharge in navigable waters. + ``(2) Method for assessment.--The Secretary, in coordination + with stakeholders and the public, shall develop a standard method + for conducting risk assessments under paragraph (1) that includes + the collection and management of all information necessary to + identify and analyze potential hazardous navigational trends within + a vessel traffic service area. + ``(3) Information to be assessed.-- + ``(A) In general.--The Secretary shall ensure that a risk + assessment conducted under paragraph (1) includes an assessment + of the following: + ``(i) Volume of vessel traffic, categorized by type of + vessel. + ``(ii) Total volume of flammable, combustible, or + hazardous liquid cargo transported, categorized by vessel + type as provided in the Notice of Arrival, if applicable, + or as determined by other means. + ``(iii) Data on near-miss events incidents. + ``(iv) Data on marine casualties. + ``(v) Geographic locations for near-miss events + incidents and marine casualties, including latitude and + longitude. + ``(vi) Cyclical risk factors such as weather, seasonal + water body currents, tides, bathymetry, and topography. + ``(vii) Weather data, in coordination with the National + Oceanic and Atmospheric Administration. + ``(B) Information storage and management policies.--The + Secretary shall retain all information collected under + subparagraph (A) and ensure policies and procedures are in + place to standardize the format in which that information is + retained to facilitate statistical analysis of that information + to calculate within a vessel traffic service area, at a + minimum, the incident rate, intervention rate, and casualty + prevention rate. + ``(4) Public availability.-- + ``(A) Assessments and information.--In accordance with + section 552 of title 5, the Secretary shall make any risk + assessments conducted under paragraph (1) and any information + collected under paragraph (3)(A) available to the public. + ``(B) Information in possession or control of international + partners.--The Secretary shall endeavor to coordinate with + international partners as described in subsection (d)(2) to + enter into agreements to make information collected, shared, + and analyzed under that paragraph available to the public. + ``(C) Disclosure.--The Commandant of the Coast Guard shall + de-identify information prior to release to the public, + including near-miss incidents. ``(g) Vessel Traffic Service Training.-- - ``(1) Training program.-- - ``(A) In general.--The Secretary shall develop a - comprehensive nationwide training program for all - vessel traffic service directors, operators, and - watchstanders. - ``(B) Elements.--The comprehensive nationwide - training program under subparagraph (A) and any - variances to that program under subsection (c) shall - include, at a minimum, the following: - ``(i) Realistic vessel traffic scenarios to - the maximum extent practicable that integrate-- - ``(I) the national policy developed - under subsection (b); - ``(II) international rules under - the International Navigational Rules - Act of 1977 (33 U.S.C. 1601 et seq.); - ``(III) inland navigation rules - under part 83 of title 33, Code of - Federal Regulations; - ``(IV) the application of vessel - traffic authority; and - ``(V) communication with vessel - traffic service users. - ``(ii) Proficiency training with respect to - use, interpretation, and integration of - available data on vessel traffic service - display systems such as radar, and vessel - automatic identification system feeds. - ``(iii) Practical application of-- - ``(I) the international rules under - the International Navigational Rules - Act of 1977 (33 U.S.C. 1601 et seq.); - and - ``(II) the inland navigation rules - under part 83 of title 33, Code of - Federal Regulations. - ``(iv) Proficiency training with respect to - the operation of radio communications equipment - and any other applicable systems necessary to - execute vessel traffic service authorities. - ``(v) Incorporation of the Standard Marine - Communication Phrases adopted by the - International Maritime Organization by - resolution on April 4, 2000, as amended and - consolidated, or any successor resolution. - ``(vi) Incorporation to the maximum extent - possible of guidance and recommendations - contained in vessel traffic services operator - training, vessel traffic services supervisor - training, or other relevant training set forth - by the International Association of Marine Aids - to Navigation and Lighthouse Authorities. - ``(vii) A minimum number of hours of - training for an individual to complete before - the individual is qualified to fill a vessel - traffic services position without supervision. - ``(viii) Local area geographic and - operational familiarization. - ``(ix) Such additional components as the - Secretary considers appropriate. - ``(2) Standard competency qualification process.-- - ``(A) In general.--The Secretary shall develop a - standard competency qualification process to be applied - to all personnel assigned, employed, or working in a - vessel traffic service center. - ``(B) Application of process.--The competency - qualification process developed under subparagraph (A) - shall include measurable thresholds for determining - proficiency. - ``(3) International and inland navigation rules test.-- - ``(A) In general.--All personnel assigned, - employed, or working in a vessel traffic service center - with responsibilities that include communicating, - interacting, or directing vessels within a vessel - traffic service area, as determined under the national - policy developed under subsection (b), shall be - required to pass a United States international and - inland navigation rules test developed by the - Secretary. - ``(B) Elements of test.--The Secretary shall - determine the content and passing standard for the - rules test developed under subparagraph (A). - ``(C) Testing frequency.--The Secretary shall - establish a frequency, not to exceed once every 5 - years, for personnel described in subparagraph (A) to - be required to pass the rules test developed under such - subparagraph. + ``(1) Training program.-- + ``(A) In general.--The Secretary shall develop a + comprehensive nationwide training program for all vessel + traffic service directors, operators, and watchstanders. + ``(B) Elements.--The comprehensive nationwide training + program under subparagraph (A) and any variances to that + program under subsection (c) shall include, at a minimum, the + following: + ``(i) Realistic vessel traffic scenarios to the maximum + extent practicable that integrate-- + + ``(I) the national policy developed under + subsection (b); + ``(II) international rules under the International + Navigational Rules Act of 1977 (33 U.S.C. 1601 et + seq.); + ``(III) inland navigation rules under part 83 of + title 33, Code of Federal Regulations; + ``(IV) the application of vessel traffic authority; + and + ``(V) communication with vessel traffic service + users. + + ``(ii) Proficiency training with respect to use, + interpretation, and integration of available data on vessel + traffic service display systems such as radar, and vessel + automatic identification system feeds. + ``(iii) Practical application of-- + + ``(I) the international rules under the + International Navigational Rules Act of 1977 (33 U.S.C. + 1601 et seq.); and + ``(II) the inland navigation rules under part 83 of + title 33, Code of Federal Regulations. + + ``(iv) Proficiency training with respect to the + operation of radio communications equipment and any other + applicable systems necessary to execute vessel traffic + service authorities. + ``(v) Incorporation of the Standard Marine + Communication Phrases adopted by the International Maritime + Organization by resolution on April 4, 2000, as amended and + consolidated, or any successor resolution. + ``(vi) Incorporation to the maximum extent possible of + guidance and recommendations contained in vessel traffic + services operator training, vessel traffic services + supervisor training, or other relevant training set forth + by the International Association of Marine Aids to + Navigation and Lighthouse Authorities. + ``(vii) A minimum number of hours of training for an + individual to complete before the individual is qualified + to fill a vessel traffic services position without + supervision. + ``(viii) Local area geographic and operational + familiarization. + ``(ix) Such additional components as the Secretary + considers appropriate. + ``(2) Standard competency qualification process.-- + ``(A) In general.--The Secretary shall develop a standard + competency qualification process to be applied to all personnel + assigned, employed, or working in a vessel traffic service + center. + ``(B) Application of process.--The competency qualification + process developed under subparagraph (A) shall include + measurable thresholds for determining proficiency. + ``(3) International and inland navigation rules test.-- + ``(A) In general.--All personnel assigned, employed, or + working in a vessel traffic service center with + responsibilities that include communicating, interacting, or + directing vessels within a vessel traffic service area, as + determined under the national policy developed under subsection + (b), shall be required to pass a United States international + and inland navigation rules test developed by the Secretary. + ``(B) Elements of test.--The Secretary shall determine the + content and passing standard for the rules test developed under + subparagraph (A). + ``(C) Testing frequency.--The Secretary shall establish a + frequency, not to exceed once every 5 years, for personnel + described in subparagraph (A) to be required to pass the rules + test developed under such subparagraph. ``(h) Research on Vessel Traffic.-- - ``(1) Vessel communication.--The Secretary shall conduct - research, in consultation with subject matter experts - identified by the Secretary, to develop more effective - procedures for monitoring vessel communications on radio - frequencies to identify and address unsafe situations in a - vessel traffic service area. The Secretary shall consider data - collected under subparagraph (A) of subsection (f)(3). - ``(2) Professional mariner representation.-- - ``(A) In general.--The Secretary shall conduct - research, in consultation with local stakeholders and - subject matter experts identified by the Secretary, to - evaluate and determine the feasibility, costs and - benefits of representation by professional mariners on - the vessel traffic service watchfloor at each vessel - traffic service center. - ``(B) Implementation.--The Secretary shall - implement representation by professional mariners on - the vessel traffic service watchfloor at those vessel - traffic service centers for which it is determined - feasible and beneficial pursuant to research conducted - under subparagraph (A). + ``(1) Vessel communication.--The Secretary shall conduct + research, in consultation with subject matter experts identified by + the Secretary, to develop more effective procedures for monitoring + vessel communications on radio frequencies to identify and address + unsafe situations in a vessel traffic service area. The Secretary + shall consider data collected under subparagraph (A) of subsection + (f)(3). + ``(2) Professional mariner representation.-- + ``(A) In general.--The Secretary shall conduct research, in + consultation with local stakeholders and subject matter experts + identified by the Secretary, to evaluate and determine the + feasibility, costs and benefits of representation by + professional mariners on the vessel traffic service watchfloor + at each vessel traffic service center. + ``(B) Implementation.--The Secretary shall implement + representation by professional mariners on the vessel traffic + service watchfloor at those vessel traffic service centers for + which it is determined feasible and beneficial pursuant to + research conducted under subparagraph (A). ``(i) Inclusion of Identification System on Certain Vessels.-- - ``(1) In general.--The National Navigation Safety Advisory - Committee shall advise and provide recommendations to the - Secretary on matters relating to the practicability, economic - costs, regulatory burden, and navigational impact of outfitting - vessels lacking independent means of propulsion that carry - flammable, combustible, or hazardous liquid cargo with vessel - automatic identification systems. - ``(2) Regulations.--Based on the evaluation under paragraph - (1), the Secretary shall prescribe such regulations as the - Secretary considers appropriate to establish requirements - relating to the outfitting of vessels described in such - subparagraph with vessel automatic identification systems. + ``(1) In general.--The National Navigation Safety Advisory + Committee shall advise and provide recommendations to the Secretary + on matters relating to the practicability, economic costs, + regulatory burden, and navigational impact of outfitting vessels + lacking independent means of propulsion that carry flammable, + combustible, or hazardous liquid cargo with vessel automatic + identification systems. + ``(2) Regulations.--Based on the evaluation under paragraph + (1), the Secretary shall prescribe such regulations as the + Secretary considers appropriate to establish requirements relating + to the outfitting of vessels described in such subparagraph with + vessel automatic identification systems. ``(j) Periodic Review of Vessel Traffic Service Needs.-- - ``(1) In general.--Based on the performance evaluation - conducted under subsection (e) and the risk assessment - conducted under subsection (f), the Secretary shall - periodically review vessel traffic service areas to determine-- - ``(A) if there are any additional vessel traffic - service needs in those areas; and - ``(B) if a vessel traffic service area should be - moved or modified. - ``(2) Information to be assessed.-- - ``(A) In general.--The Secretary shall ensure that - a review conducted under paragraph (1) includes an - assessment of the following: - ``(i) Volume of vessel traffic, categorized - by type of vessel. - ``(ii) Total volume of flammable, - combustible, or hazardous liquid cargo - transported, categorized by vessel type as - provided in the Notice of Arrival, if - applicable, or as determined by other means. - ``(iii) Data on near miss incidents. - ``(iv) Data on marine casualties. - ``(v) Geographic locations for near-miss - incidents and marine casualties, including - latitude and longitude. - ``(vi) Cyclical risk factors such as - weather, seasonal water body currents, tides, - bathymetry, and topography. - ``(vii) Weather data, in coordination with - the National Oceanic and Atmospheric - Administration. - ``(3) Stakeholder input.--In conducting the periodic - reviews under paragraph (1), the Secretary shall seek input - from port and waterway stakeholders to identify areas of - increased vessel conflicts or marine casualties that could - benefit from the use of routing measures or vessel traffic - service special areas to improve safety, port security, and - environmental protection. - ``(4) Disclosure.--The Commandant of the Coast Guard shall - de-identify information prior to release to the public, - including near miss incidents. + ``(1) In general.--Based on the performance evaluation + conducted under subsection (e) and the risk assessment conducted + under subsection (f), the Secretary shall periodically review + vessel traffic service areas to determine-- + ``(A) if there are any additional vessel traffic service + needs in those areas; and + ``(B) if a vessel traffic service area should be moved or + modified. + ``(2) Information to be assessed.-- + ``(A) In general.--The Secretary shall ensure that a review + conducted under paragraph (1) includes an assessment of the + following: + ``(i) Volume of vessel traffic, categorized by type of + vessel. + ``(ii) Total volume of flammable, combustible, or + hazardous liquid cargo transported, categorized by vessel + type as provided in the Notice of Arrival, if applicable, + or as determined by other means. + ``(iii) Data on near miss incidents. + ``(iv) Data on marine casualties. + ``(v) Geographic locations for near-miss incidents and + marine casualties, including latitude and longitude. + ``(vi) Cyclical risk factors such as weather, seasonal + water body currents, tides, bathymetry, and topography. + ``(vii) Weather data, in coordination with the National + Oceanic and Atmospheric Administration. + ``(3) Stakeholder input.--In conducting the periodic reviews + under paragraph (1), the Secretary shall seek input from port and + waterway stakeholders to identify areas of increased vessel + conflicts or marine casualties that could benefit from the use of + routing measures or vessel traffic service special areas to improve + safety, port security, and environmental protection. + ``(4) Disclosure.--The Commandant of the Coast Guard shall de- + identify information prior to release to the public, including near + miss incidents. ``(k) Limitation of Liability for Coast Guard Vessel Traffic Service Pilots and Non-Federal Vessel Traffic Service Operators.-- - ``(1) Coast guard vessel traffic service pilots.--Any - pilot, acting in the course and scope of his or her duties - while at a Coast Guard Vessel Traffic Service Center, who - provides information, advice, or communication assistance while - under the supervision of a Coast Guard officer, member, or - employee shall not be liable for damages caused by or related - to such assistance unless the acts or omissions of such pilot - constitute gross negligence or willful misconduct. - ``(2) Non-federal vessel traffic service operators.--An - entity operating a non-Federal vessel traffic information - service or advisory service pursuant to a duly executed written - agreement with the Coast Guard, and any pilot acting on behalf - of such entity, is not liable for damages caused by or related - to information, advice, or communication assistance provided by - such entity or pilot while so operating or acting unless the - acts or omissions of such entity or pilot constitute gross - negligence or willful misconduct. + ``(1) Coast guard vessel traffic service pilots.--Any pilot, + acting in the course and scope of his or her duties while at a + Coast Guard Vessel Traffic Service Center, who provides + information, advice, or communication assistance while under the + supervision of a Coast Guard officer, member, or employee shall not + be liable for damages caused by or related to such assistance + unless the acts or omissions of such pilot constitute gross + negligence or willful misconduct. + ``(2) Non-federal vessel traffic service operators.--An entity + operating a non-Federal vessel traffic information service or + advisory service pursuant to a duly executed written agreement with + the Coast Guard, and any pilot acting on behalf of such entity, is + not liable for damages caused by or related to information, advice, + or communication assistance provided by such entity or pilot while + so operating or acting unless the acts or omissions of such entity + or pilot constitute gross negligence or willful misconduct. ``(l) Existing Authority.--Nothing in this section shall be construed to alter the existing authorities of the Secretary to enhance navigation, vessel safety, marine environmental protection, and to ensure safety and preservation of life and property at sea. ``(m) Definitions.--In this section: - ``(1) Hazardous liquid cargo.--The term `hazardous liquid - cargo' has the meaning given that term in regulations - prescribed under section 5103 of title 49. - ``(2) Marine casualty.--The term `marine casualty' has the - meaning given that term in regulations prescribed under section - 6101(a). - ``(3) Vessel traffic service area.--The term `vessel - traffic service area' means an area specified in subpart C of - part 161 of title 33, Code of Federal Regulations, or any - successor regulation. - ``(4) Vessel traffic service center.--The term `vessel - traffic service center' means a center for the provision of - vessel traffic services in a vessel traffic service area. - ``(5) Near miss incident.--The term `near miss incident' - means any occurrence or series of occurrences having the same - origin, involving one or more vessels, facilities, or any - combination thereof, resulting in the substantial threat of a - marine casualty. - ``(6) De-identified.--The term `de-identified' means the - process by which all information that is likely to establish - the identity of the specific persons or entities noted in the - reports, data, or other information is removed from the - reports, data, or other information.''. - -SEC. 10406. TRANSPORTATION WORK IDENTIFICATION CARD PILOT PROGRAM. - + ``(1) Hazardous liquid cargo.--The term `hazardous liquid + cargo' has the meaning given that term in regulations prescribed + under section 5103 of title 49. + ``(2) Marine casualty.--The term `marine casualty' has the + meaning given that term in regulations prescribed under section + 6101(a). + ``(3) Vessel traffic service area.--The term `vessel traffic + service area' means an area specified in subpart C of part 161 of + title 33, Code of Federal Regulations, or any successor regulation. + ``(4) Vessel traffic service center.--The term `vessel traffic + service center' means a center for the provision of vessel traffic + services in a vessel traffic service area. + ``(5) Near miss incident.--The term `near miss incident' means + any occurrence or series of occurrences having the same origin, + involving one or more vessels, facilities, or any combination + thereof, resulting in the substantial threat of a marine casualty. + ``(6) De-identified.--The term `de-identified' means the + process by which all information that is likely to establish the + identity of the specific persons or entities noted in the reports, + data, or other information is removed from the reports, data, or + other information.''. +SEC. 8346. TRANSPORTATION WORK IDENTIFICATION CARD PILOT PROGRAM. Section 70105(g) of title 46, United States Code, is amended by striking ``shall concurrently'' and all that follows and inserting the following: ``shall-- - ``(1) develop and, no later than 2 years after the date of - enactment of the Elijah E. Cummings Coast Guard Authorization - Act of 2020, implement a joint application for merchant - mariner's documents under chapter 73 and for a transportation - security card issued under this section; and - ``(2) upon receipt of a joint application developed under - paragraph (1) concurrently process an application from an - individual for merchant mariner's documents under chapter 73 - and an application from such individual for a transportation - security card under this section.''. + ``(1) develop and, no later than 2 years after the date of + enactment of the Elijah E. Cummings Coast Guard Authorization Act + of 2020, implement a joint application for merchant mariner's + documents under chapter 73 and for a transportation security card + issued under this section; and + ``(2) upon receipt of a joint application developed under + paragraph (1) concurrently process an application from an + individual for merchant mariner's documents under chapter 73 and an + application from such individual for a transportation security card + under this section.''. + + TITLE LVXXXIV--MISCELLANEOUS + + Subtitle A--Navigation and Shipping + +Sec. 8401. Coastwise trade. +Sec. 8402. Towing vessels operating outside boundary line. +Sec. 8403. Sense of Congress regarding the maritime industry of the + United States. +Sec. 8404. Cargo preference study. +Sec. 8405. Towing vessel inspection fees review. + + Subtitle B--Maritime Domain Awareness + +Sec. 8411. Unmanned maritime systems and satellite vessel tracking + technologies. +Sec. 8412. Unmanned aircraft systems testing. +Sec. 8413. Land-based unmanned aircraft system program of Coast Guard. +Sec. 8414. Prohibition on operation or procurement of foreign-made + unmanned aircraft systems. +Sec. 8415. United States commercial space-based radio frequency maritime + domain awareness testing and evaluation program. +Sec. 8416. Authorization of use of automatic identification systems + devices to mark fishing equipment. - TITLE IV--MISCELLANEOUS + Subtitle C--Arctic - Subtitle A--Navigation and Shipping +Sec. 8421. Coast Guard Arctic prioritization. +Sec. 8422. Arctic PARS Native engagement. +Sec. 8423. Voting requirement. +Sec. 8424. Report on the Arctic capabilities of the Armed Forces. +Sec. 8425. Report on Arctic search and rescue. +Sec. 8426. Arctic Shipping Federal Advisory Committee. + + Subtitle D--Other Matters + +Sec. 8431. Plan for wing-in-ground demonstration plan. +Sec. 8432. Northern Michigan oil spill response planning. +Sec. 8433. Documentation of LNG tankers. +Sec. 8434. Replacement vessel. +Sec. 8435. Educational vessel. +Sec. 8436. Waters deemed not navigable waters of the United States for + certain purposes. +Sec. 8437. Anchorages. +Sec. 8438. Comptroller General of the United States study and report on + vertical evacuation for tsunamis at Coast Guard Stations in + Washington and Oregon. +Sec. 8439. Authority to enter into agreements with National Coast Guard + Museum Association. +Sec. 8440. Video equipment; access and retention of records. +Sec. 8441. Regulations for covered small passenger vessels. -SEC. 11101. COASTWISE TRADE. + Subtitle A--Navigation and Shipping +SEC. 8401. COASTWISE TRADE. (a) In General.--The Commandant shall review the adequacy of and continuing need for provisions in title 46, Code of Federal Regulations, that require a United States vessel documented under @@ -70090,17 +75348,15 @@ briefing on the findings of the review required under subsection (a) and a discussion of how existing laws and regulations could be amended to ensure the safety of vessels described in subsection (a) while infringing as little as possible on commerce. - -SEC. 11102. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE. - +SEC. 8402. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE. (a) Definitions.--In this section-- - (1) the term ``Boundary Line'' has the meaning given the - term in section 103 of title 46, United States Code; - (2) the term ``Officer in Charge, Marine Inspection'' has - the meaning given the term in section 3305(d)(4) of title 46, - United States Code; and - (3) the term ``Secretary'' means the Secretary of the - Department in which the Coast Guard is operating. + (1) the term ``Boundary Line'' has the meaning given the term + in section 103 of title 46, United States Code; + (2) the term ``Officer in Charge, Marine Inspection'' has the + meaning given the term in section 3305(d)(4) of title 46, United + States Code; and + (3) the term ``Secretary'' means the Secretary of the + Department in which the Coast Guard is operating. (b) Interim Exemption.--A towing vessel described in subsection (c) and a response vessel included on a vessel response plan are exempt from any additional requirements of subtitle II of title 46, United @@ -70108,104 +75364,98 @@ States Code, and chapter I of title 33 and chapter I of title 46, Code of Federal Regulations (as in effect on the date of the enactment of this Act), that would result solely from such vessel operating outside the Boundary Line, if-- - (1) the vessel is-- - (A) operating outside the Boundary Line solely to - perform regular harbor assist operations; or - (B) listed as a response vessel on a vessel - response plan and is operating outside the Boundary - Line solely to perform duties of a response vessel; - (2) the vessel is approved for operations outside the - Boundary Line by the Officer in Charge, Marine Inspection and - the Coast Guard Marine Safety Center; and - (3) the vessel has sufficient manning and lifesaving - equipment for all persons on board, in accordance with part 15 - and section 141.225 of title 46, Code of Federal Regulations - (or any successor regulation). + (1) the vessel is-- + (A) operating outside the Boundary Line solely to perform + regular harbor assist operations; or + (B) listed as a response vessel on a vessel response plan + and is operating outside the Boundary Line solely to perform + duties of a response vessel; + (2) the vessel is approved for operations outside the Boundary + Line by the Officer in Charge, Marine Inspection and the Coast + Guard Marine Safety Center; and + (3) the vessel has sufficient manning and lifesaving equipment + for all persons on board, in accordance with part 15 and section + 141.225 of title 46, Code of Federal Regulations (or any successor + regulation). (c) Applicability.--This section applies to a towing vessel-- - (1) that is subject to inspection under chapter 33 of title - 46, United States Code, and subchapter M of chapter I of title - 46, Code of Federal Regulations (or any successor regulation); - (2) with only ``Lakes, Bays, and Sounds'' or ``Rivers'' - routes recorded on such vessel's certificate of inspection - pursuant to section 136.230 of title 46, Code of Federal - Regulations (or any successor regulation); - (3) that, with respect to a vessel described in subsection - (b)(1)(A), is operating as a harbor assist vessel and regularly - engaged in harbor assist operations, including the docking, - undocking, mooring, unmooring, and escorting of vessels with - limited maneuverability; and - (4) that, with respect to a vessel that is described in - subsection (b)(1)(B), is listed-- - (A) on a vessel response plan under part 155 of - title 33, Code of Federal Regulations, on the date of - approval of the vessel response plan; or - (B) by name or reference in the vessel response - plan's geographic-specific appendix on the date of - approval of the vessel response plan. + (1) that is subject to inspection under chapter 33 of title 46, + United States Code, and subchapter M of chapter I of title 46, Code + of Federal Regulations (or any successor regulation); + (2) with only ``Lakes, Bays, and Sounds'' or ``Rivers'' routes + recorded on such vessel's certificate of inspection pursuant to + section 136.230 of title 46, Code of Federal Regulations (or any + successor regulation); + (3) that, with respect to a vessel described in subsection + (b)(1)(A), is operating as a harbor assist vessel and regularly + engaged in harbor assist operations, including the docking, + undocking, mooring, unmooring, and escorting of vessels with + limited maneuverability; and + (4) that, with respect to a vessel that is described in + subsection (b)(1)(B), is listed-- + (A) on a vessel response plan under part 155 of title 33, + Code of Federal Regulations, on the date of approval of the + vessel response plan; or + (B) by name or reference in the vessel response plan's + geographic-specific appendix on the date of approval of the + vessel response plan. (d) Limitations.--A vessel exempted under subsection (b) is subject to the following operating limitations: - (1) The voyage of a vessel described in subsection - (b)(1)(A) shall-- - (A) be less than 12 hours in total duration; - (B) originate and end in the inspection zone of a - single Officer in Charge, Marine Inspection; and - (C) occur no further than 10 nautical miles from - the Boundary Line. - (2) The voyage of a vessel described in subsection - (b)(1)(B) shall-- - (A) originate and end in the inspection zone of a - single Officer in Charge, Marine Inspection; and - (B) either-- - (i) in the case of a voyage in the - territorial waters of Alaska, Guam, Hawaii, - American Samoa, and the Northern Mariana - Islands, have sufficient manning as determined - by the Secretary; or - (ii) be less than 12 hours. + (1) The voyage of a vessel described in subsection (b)(1)(A) + shall-- + (A) be less than 12 hours in total duration; + (B) originate and end in the inspection zone of a single + Officer in Charge, Marine Inspection; and + (C) occur no further than 10 nautical miles from the + Boundary Line. + (2) The voyage of a vessel described in subsection (b)(1)(B) + shall-- + (A) originate and end in the inspection zone of a single + Officer in Charge, Marine Inspection; and + (B) either-- + (i) in the case of a voyage in the territorial waters + of Alaska, Guam, Hawaii, American Samoa, and the Northern + Mariana Islands, have sufficient manning as determined by + the Secretary; or + (ii) be less than 12 hours. (e) Safety.-- - (1) Safety restrictions.--The Officer in Charge, Marine - Inspection for an inspection zone may restrict operations under - the interim exemption provided under subsection (b) for safety - purposes. - (2) Comprehensive lists.--The Officer in Charge, Marine - Inspection for an inspection zone shall maintain and - periodically update a comprehensive list of all towing vessels - described in subsection (c) that operate in the inspection - zone. - (3) Notification.--Not later than 24 hours prior to - intended operations outside of the Boundary Line, a towing - vessel exempted under subsection (b) shall notify the Office in - Charge, Marine Inspection for the inspection zone of such - operations. Such notification shall include-- - (A) the date, time, and length of voyage; - (B) a crew list, with each crew member's - credentials and work hours; and - (C) an attestation from the master of the towing - vessel that the vessel has sufficient manning and - lifesaving equipment for all persons on board. + (1) Safety restrictions.--The Officer in Charge, Marine + Inspection for an inspection zone may restrict operations under the + interim exemption provided under subsection (b) for safety + purposes. + (2) Comprehensive lists.--The Officer in Charge, Marine + Inspection for an inspection zone shall maintain and periodically + update a comprehensive list of all towing vessels described in + subsection (c) that operate in the inspection zone. + (3) Notification.--Not later than 24 hours prior to intended + operations outside of the Boundary Line, a towing vessel exempted + under subsection (b) shall notify the Office in Charge, Marine + Inspection for the inspection zone of such operations. Such + notification shall include-- + (A) the date, time, and length of voyage; + (B) a crew list, with each crew member's credentials and + work hours; and + (C) an attestation from the master of the towing vessel + that the vessel has sufficient manning and lifesaving equipment + for all persons on board. (f) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the following: - (1) The impacts of the interim exemption provided under - this section. - (2) Any safety concerns regarding the expiration of such - interim exemption. - (3) Whether such interim exemption should be extended. + (1) The impacts of the interim exemption provided under this + section. + (2) Any safety concerns regarding the expiration of such + interim exemption. + (3) Whether such interim exemption should be extended. (g) Termination.--The interim exemption provided under subsection (b) shall terminate on the date that is 2 years after the date of the enactment of this Act. - -SEC. 11103. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE - UNITED STATES. - +SEC. 8403. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE +UNITED STATES. It is the sense of Congress that the maritime industry of the United States contributes to the Nation's economic prosperity and national security. - -SEC. 11104. CARGO PREFERENCE STUDY. - +SEC. 8404. CARGO PREFERENCE STUDY. (a) In General.--The Comptroller General of the United States shall conduct an audit regarding the enforcement of the United States Cargo Preference Laws set forth in sections 55302, 55303, 55304, and 55305 of @@ -70215,181 +75465,158 @@ States Cargo Preference Laws''). (b) Scope.--The audit conducted under subsection (a) shall include, for the period from October 14, 2008, until the date of the enactment of this Act-- - (1) a listing of the agencies and organizations required to - comply with the United States Cargo Preference Laws; - (2) an analysis of the compliance or noncompliance of such - agencies and organizations with such laws, including-- - (A) the total amount of oceangoing cargo that each - such agency, organization, or contractor procured for - its own account or for which financing was in any way - provided with Federal funds, including loan guarantees; - (B) the percentage of such cargo shipped on - privately owned commercial vessels of the United - States; - (C) an assessment of internal programs and controls - used by each such agency or organization to monitor and - ensure compliance with the United States Cargo - Preference Laws, to include education, training, and - supervision of its contracting personnel, and the - procedures and controls used to monitor compliance with - cargo preference requirements by contractors and - subcontractors; and - (D) instances in which cargoes are shipped on - foreign-flag vessels under non-availability - determinations but not counted as such for purposes of - calculating cargo preference compliance; and - (3) an overview of enforcement activities undertaken by the - Maritime Administration from October 14, 2008, until the date - of the enactment of this Act, including a listing of all bills - of lading collected by the Maritime Administration during that - period. + (1) a listing of the agencies and organizations required to + comply with the United States Cargo Preference Laws; + (2) an analysis of the compliance or noncompliance of such + agencies and organizations with such laws, including-- + (A) the total amount of oceangoing cargo that each such + agency, organization, or contractor procured for its own + account or for which financing was in any way provided with + Federal funds, including loan guarantees; + (B) the percentage of such cargo shipped on privately owned + commercial vessels of the United States; + (C) an assessment of internal programs and controls used by + each such agency or organization to monitor and ensure + compliance with the United States Cargo Preference Laws, to + include education, training, and supervision of its contracting + personnel, and the procedures and controls used to monitor + compliance with cargo preference requirements by contractors + and subcontractors; and + (D) instances in which cargoes are shipped on foreign-flag + vessels under non-availability determinations but not counted + as such for purposes of calculating cargo preference + compliance; and + (3) an overview of enforcement activities undertaken by the + Maritime Administration from October 14, 2008, until the date of + the enactment of this Act, including a listing of all bills of + lading collected by the Maritime Administration during that period. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the results of the audit and providing recommendations related to such results, to include-- - (1) actions that should be taken by agencies and - organizations to fully comply with the United States Cargo - Preference Laws; and - (2) Other measures that may compel agencies and - organizations, and their contractors and subcontractors, to use - United States flag vessels in the international transportation - of ocean cargoes as mandated by the United States Cargo - Preference Laws. - -SEC. 11105. TOWING VESSEL INSPECTION FEES. - - Notwithstanding section 9701 of title 31, United States Code, and -section 2110 of title 46, United States Code, the Secretary of the -department in which the Coast Guard is operating may not charge an -inspection fee for towing vessels required to have a Certificate of -Inspection under subchapter M of title 46, Code of Federal Regulations, -until-- - (1) the completion of the review required under section 815 - of the Frank LoBiondo Coast Guard Authorization Act of 2018 - (Public Law 115-282); and - (2) the promulgation of regulations to establish specific - inspection fees for such vessels. + (1) actions that should be taken by agencies and organizations + to fully comply with the United States Cargo Preference Laws; and + (2) Other measures that may compel agencies and organizations, + and their contractors and subcontractors, to use United States flag + vessels in the international transportation of ocean cargoes as + mandated by the United States Cargo Preference Laws. +SEC. 8405. TOWING VESSEL INSPECTION FEES REVIEW. + Not later than 180 days after the date of enactment of this Act, +the Commandant shall submit to the Committee on Transportation and +Infrastructure of the House of Representatives and the Committee on +Commerce, Science, and Transportation of the Senate-- + (1) the results of the review required under section 815 of the + Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law + 115-282); and + (2) a copy of any regulation required pursuant to section + 815(b) of such Act to establish specific inspection fees for such + vessels. Subtitle B--Maritime Domain Awareness -SEC. 11201. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL TRACKING - TECHNOLOGIES. - +SEC. 8411. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL TRACKING +TECHNOLOGIES. (a) Assessment.--The Commandant, acting through the Blue Technology Center of Expertise, shall regularly assess available unmanned maritime systems and satellite vessel tracking technologies for potential use to support missions of the Coast Guard. (b) Report.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, and biennially thereafter, the - Commandant shall submit to the Committee on Transportation and - Infrastructure of the House of Representatives and the - Committee on Commerce, Science, and Transportation of the - Senate a report on the actual and potential effects of the use - of then-existing unmanned maritime systems and satellite vessel - tracking technologies on the mission effectiveness of the Coast - Guard. - (2) Contents.--Each report submitted under paragraph (1) - shall include the following: - (A) An inventory of current unmanned maritime - systems used by the Coast Guard, an overview of such - usage, and a discussion of the mission effectiveness of - such systems, including any benefits realized or risks - or negative aspects of such usage. - (B) An inventory of satellite vessel tracking - technologies, and a discussion of the potential mission - effectiveness of such technologies, including any - benefits or risks or negative aspects of such usage. - (C) A prioritized list of Coast Guard mission - requirements that could be met with additional unmanned - maritime systems, or with satellite vessel tracking - technologies, and the estimated costs of accessing, - acquiring, or operating such systems, taking into - consideration the interoperability of such systems with - the current and future fleet of-- - (i) National Security Cutters; - (ii) Fast Response Cutters; - (iii) Offshore Patrol Cutters; - (iv) Polar Security Cutters; and - (v) in-service legacy cutters, including - the 210- and 270-foot medium endurance cutters - and 225-foot Buoy Tenders. + (1) In general.--Not later than 1 year after the date of the + enactment of this Act, and biennially thereafter, the Commandant + shall submit to the Committee on Transportation and Infrastructure + of the House of Representatives and the Committee on Commerce, + Science, and Transportation of the Senate a report on the actual + and potential effects of the use of then-existing unmanned maritime + systems and satellite vessel tracking technologies on the mission + effectiveness of the Coast Guard. + (2) Contents.--Each report submitted under paragraph (1) shall + include the following: + (A) An inventory of current unmanned maritime systems used + by the Coast Guard, an overview of such usage, and a discussion + of the mission effectiveness of such systems, including any + benefits realized or risks or negative aspects of such usage. + (B) An inventory of satellite vessel tracking technologies, + and a discussion of the potential mission effectiveness of such + technologies, including any benefits or risks or negative + aspects of such usage. + (C) A prioritized list of Coast Guard mission requirements + that could be met with additional unmanned maritime systems, or + with satellite vessel tracking technologies, and the estimated + costs of accessing, acquiring, or operating such systems, + taking into consideration the interoperability of such systems + with the current and future fleet of-- + (i) National Security Cutters; + (ii) Fast Response Cutters; + (iii) Offshore Patrol Cutters; + (iv) Polar Security Cutters; and + (v) in-service legacy cutters, including the 210- and + 270-foot medium endurance cutters and 225-foot Buoy + Tenders. (c) Definitions.--In this section: - (1) Unmanned maritime systems.-- - (A) In general.--The term ``unmanned maritime - systems'' means-- - (i) remotely operated or autonomous - vehicles produced by the commercial sector - designed to travel in the air, on or under the - ocean surface, on land, or any combination - thereof, and that function without an on-board - human presence; and - (ii) associated components of such - vehicles, including control and communications - systems, data transmission systems, and - processing systems. - (B) Examples.--Such term includes the following: - (i) Unmanned undersea vehicles. - (ii) Unmanned surface vehicles. - (iii) Unmanned aerial vehicles. - (iv) Autonomous underwater vehicles. - (v) Autonomous surface vehicles. - (vi) Autonomous aerial vehicles. - (2) Available unmanned maritime systems.--The term - ``available unmanned maritime systems'' includes systems that - can be purchased commercially or are in use by the Department - of Defense or other Federal agencies. - (3) Satellite vessel tracking technologies.--The term - ``satellite vessel tracking technologies'' means shipboard - broadcast systems that use satellites and terrestrial receivers - to continually track vessels. - -SEC. 11202. UNMANNED AIRCRAFT SYSTEMS TESTING. - + (1) Unmanned maritime systems.-- + (A) In general.--The term ``unmanned maritime systems'' + means-- + (i) remotely operated or autonomous vehicles produced + by the commercial sector designed to travel in the air, on + or under the ocean surface, on land, or any combination + thereof, and that function without an on-board human + presence; and + (ii) associated components of such vehicles, including + control and communications systems, data transmission + systems, and processing systems. + (B) Examples.--Such term includes the following: + (i) Unmanned undersea vehicles. + (ii) Unmanned surface vehicles. + (iii) Unmanned aerial vehicles. + (iv) Autonomous underwater vehicles. + (v) Autonomous surface vehicles. + (vi) Autonomous aerial vehicles. + (2) Available unmanned maritime systems.--The term ``available + unmanned maritime systems'' includes systems that can be purchased + commercially or are in use by the Department of Defense or other + Federal agencies. + (3) Satellite vessel tracking technologies.--The term + ``satellite vessel tracking technologies'' means shipboard + broadcast systems that use satellites and terrestrial receivers to + continually track vessels. +SEC. 8412. UNMANNED AIRCRAFT SYSTEMS TESTING. (a) Training Area.--The Commandant shall carry out and update, as appropriate, a program for the use of one or more training areas to facilitate the use of unmanned aircraft systems and small unmanned aircraft to support missions of the Coast Guard. (b) Designation of Area.-- - (1) In general.--Not later than 180 days after the date of - enactment of this Act, the Commandant shall, as part of the - program under subsection (a), designate an area for the - training, testing, and development of unmanned aircraft systems - and small unmanned aircraft. - (2) Considerations.--In designating a training area under - paragraph (1), the Commandant shall-- - (A) ensure that such training area has or receives - all necessary Federal Aviation Administration flight - authorization; and - (B) take into consideration all of the following - attributes of the training area: - (i) Direct over-water maritime access from - the site. - (ii) The availability of existing Coast - Guard support facilities, including pier and - dock space. - (iii) Proximity to existing and available - offshore Warning Area airspace for test and - training. - (iv) Existing facilities and infrastructure - to support unmanned aircraft system-augmented, - and small unmanned aircraft-augmented, - training, evaluations, and exercises. - (v) Existing facilities with a proven track - record of supporting unmanned aircraft systems - and small unmanned aircraft systems flight - operations. + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Commandant shall, as part of the program + under subsection (a), designate an area for the training, testing, + and development of unmanned aircraft systems and small unmanned + aircraft. + (2) Considerations.--In designating a training area under + paragraph (1), the Commandant shall-- + (A) ensure that such training area has or receives all + necessary Federal Aviation Administration flight authorization; + and + (B) take into consideration all of the following attributes + of the training area: + (i) Direct over-water maritime access from the site. + (ii) The availability of existing Coast Guard support + facilities, including pier and dock space. + (iii) Proximity to existing and available offshore + Warning Area airspace for test and training. + (iv) Existing facilities and infrastructure to support + unmanned aircraft system-augmented, and small unmanned + aircraft-augmented, training, evaluations, and exercises. + (v) Existing facilities with a proven track record of + supporting unmanned aircraft systems and small unmanned + aircraft systems flight operations. (c) Definitions.--In this section-- - (1) the term ``existing'' means as of the date of enactment - of this Act; and - (2) the terms ``small unmanned aircraft'' and ``unmanned - aircraft system'' have the meanings given those terms in - section 44801 of title 49, United States Code. - -SEC. 11203. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF COAST GUARD. - + (1) the term ``existing'' means as of the date of enactment of + this Act; and + (2) the terms ``small unmanned aircraft'' and ``unmanned + aircraft system'' have the meanings given those terms in section + 44801 of title 49, United States Code. +SEC. 8413. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF COAST GUARD. (a) Funding for Certain Enhanced Capabilities.--Section 319 of title 14, United States Code, is amended by adding at the end the following new subsection: @@ -70399,243 +75626,223 @@ $5,000,000 for additional long-range maritime patrol aircraft, acquired through full and open competition.''. (b) Report on Use of Unmanned Aircraft Systems for Certain Surveillance.-- - (1) Report required.--Not later than March 31, 2021, the - Commandant, in coordination with the Administrator of the - Federal Aviation Administration on matters related to aviation - safety and civilian aviation and aerospace operations, shall - submit to the appropriate committees of Congress a report - setting forth an assessment of the feasibility and advisability - of using unmanned aircraft systems for surveillance of marine - protected areas, the transit zone, and the Arctic in order to-- - (A) establish and maintain regular maritime domain - awareness of such areas; - (B) ensure appropriate response to illegal - activities in such areas; and - (C) collaborate with State, local, and tribal - authorities, and international partners, in - surveillance missions over their waters in such areas. - (2) Appropriate committees of congress defined.--In this - subsection, the term ``appropriate committees of Congress'' - means-- - (A) the Committee on Commerce, Science, and - Transportation and the Committee on Homeland Security - and Governmental Affairs of the Senate; and - (B) the Committee on Transportation and - Infrastructure and the Committee on Homeland Security - of the House of Representatives. - -SEC. 11204. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE - UNMANNED AIRCRAFT SYSTEMS. - + (1) Report required.--Not later than March 31, 2021, the + Commandant, in coordination with the Administrator of the Federal + Aviation Administration on matters related to aviation safety and + civilian aviation and aerospace operations, shall submit to the + appropriate committees of Congress a report setting forth an + assessment of the feasibility and advisability of using unmanned + aircraft systems for surveillance of marine protected areas, the + transit zone, and the Arctic in order to-- + (A) establish and maintain regular maritime domain + awareness of such areas; + (B) ensure appropriate response to illegal activities in + such areas; and + (C) collaborate with State, local, and tribal authorities, + and international partners, in surveillance missions over their + waters in such areas. + (2) Appropriate committees of congress defined.--In this + subsection, the term ``appropriate committees of Congress'' means-- + (A) the Committee on Commerce, Science, and Transportation + and the Committee on Homeland Security and Governmental Affairs + of the Senate; and + (B) the Committee on Transportation and Infrastructure and + the Committee on Homeland Security of the House of + Representatives. +SEC. 8414. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE +UNMANNED AIRCRAFT SYSTEMS. (a) Prohibition on Agency Operation or Procurement.--The Commandant may not operate or enter into or renew a contract for the procurement of-- - (1) an unmanned aircraft system that-- - (A) is manufactured in a covered foreign country or - by an entity domiciled in a covered foreign country; - (B) uses flight controllers, radios, data - transmission devices, cameras, or gimbals manufactured - in a covered foreign country or by an entity domiciled - in a covered foreign country; - (C) uses a ground control system or operating - software developed in a covered foreign country or by - an entity domiciled in a covered foreign country; or - (D) uses network connectivity or data storage - located in or administered by an entity domiciled in a - covered foreign country; or - (2) a system manufactured in a covered foreign country or - by an entity domiciled in a covered foreign country for the - detection or identification of unmanned aircraft systems. + (1) an unmanned aircraft system that-- + (A) is manufactured in a covered foreign country or by an + entity domiciled in a covered foreign country; + (B) uses flight controllers, radios, data transmission + devices, cameras, or gimbals manufactured in a covered foreign + country or by an entity domiciled in a covered foreign country; + (C) uses a ground control system or operating software + developed in a covered foreign country or by an entity + domiciled in a covered foreign country; or + (D) uses network connectivity or data storage located in or + administered by an entity domiciled in a covered foreign + country; or + (2) a system manufactured in a covered foreign country or by an + entity domiciled in a covered foreign country for the detection or + identification of unmanned aircraft systems. (b) Exemption.-- - (1) In general.--The Commandant is exempt from the - restriction under subsection (a) if-- - (A) the operation or procurement is for the - purposes of-- - (i) counter-UAS system surrogate testing - and training; or - (ii) intelligence, electronic warfare, and - information warfare operations, testing, - analysis, and training; or - (B) the Commandant receives a certification from - the Coast Guard unit requesting to operate or procure - an unmanned aircraft system otherwise restricted under - subsection (a), which shall include supporting - manufacturer information, that the unmanned aircraft - system does not-- - (i) connect to the internet or an outside - telecommunications service; - (ii) connect to other devices or - electronics, except as necessary to perform the - mission; or - (iii) perform any missions in support of - classified information or that may threaten - national security. - (2) Expiration.--The authority under this subsection to - operate or procure an unmanned aircraft system otherwise - restricted under subsection (a) expires on the date that is 2 - years after the date of the enactment of this Act. + (1) In general.--The Commandant is exempt from the restriction + under subsection (a) if-- + (A) the operation or procurement is for the purposes of-- + (i) counter-UAS system surrogate testing and training; + or + (ii) intelligence, electronic warfare, and information + warfare operations, testing, analysis, and training; or + (B) the Commandant receives a certification from the Coast + Guard unit requesting to operate or procure an unmanned + aircraft system otherwise restricted under subsection (a), + which shall include supporting manufacturer information, that + the unmanned aircraft system does not-- + (i) connect to the internet or an outside + telecommunications service; + (ii) connect to other devices or electronics, except as + necessary to perform the mission; or + (iii) perform any missions in support of classified + information or that may threaten national security. + (2) Expiration.--The authority under this subsection to operate + or procure an unmanned aircraft system otherwise restricted under + subsection (a) expires on the date that is 2 years after the date + of the enactment of this Act. (c) Waiver.--The Commandant may waive the restriction under subsection (a) on a case by case basis by certifying in writing to the Department of Homeland Security and the relevant committees of jurisdiction that the operation or procurement is required in the national interest of the United States. (d) Definitions.--In this section: - (1) Covered foreign country.--The term ``covered foreign - country'' means the People's Republic of China. - (2) Counter-UAS system.--The term ``counter-UAS system'' - has the meaning given such term in section 44801 of title 49, - United States Code. - (3) Unmanned aircraft system.--The term ``unmanned aircraft - system'' has the meaning given such term in section 44801 of - title 49, United States Code. - -SEC. 11205. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY - MARITIME DOMAIN AWARENESS TESTING AND EVALUATION PROGRAM. - - (a) Testing and Evaluation Program.--The Secretary of the -department in which the Coast Guard is operating, acting through the -Blue Technology Center of Expertise, shall carry out a testing and + (1) Covered foreign country.--The term ``covered foreign + country'' means the People's Republic of China. + (2) Counter-UAS system.--The term ``counter-UAS system'' has + the meaning given such term in section 44801 of title 49, United + States Code. + (3) Unmanned aircraft system.--The term ``unmanned aircraft + system'' has the meaning given such term in section 44801 of title + 49, United States Code. +SEC. 8415. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY +MARITIME DOMAIN AWARENESS TESTING AND EVALUATION PROGRAM. + (a) Testing and Evaluation Program.--The Commandant, acting through +the Blue Technology Center of Expertise, shall carry out a testing and evaluation program of United States commercial space-based radio frequency geolocation and maritime domain awareness products and services to support the mission objectives of maritime enforcement by the Coast Guard and other components of the Coast Guard. The objectives of this testing and evaluation program shall include-- - (1) developing an understanding of how United States - commercial space-based radio frequency data products can meet - current and future mission requirements; - (2) establishing how United States commercial space-based - radio frequency data products should integrate into existing - work flows; and - (3) establishing how United States commercial space-based - radio frequency data products could be integrated into - analytics platforms. + (1) developing an understanding of how United States commercial + space-based radio frequency data products can meet current and + future mission requirements; + (2) establishing how United States commercial space-based radio + frequency data products should integrate into existing work flows; + and + (3) establishing how United States commercial space-based radio + frequency data products could be integrated into analytics + platforms. (b) Report.--Not later than 240 days after the date of enactment of -this Act, such Secretary shall prepare and submit to the Committee on +this Act, the Commandant shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the testing and evaluation program under subsection (a), including recommendations on how the Coast Guard should fully exploit United States commercial space-based radio frequency data products to meet current and future mission requirements. - -SEC. 11206. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS - DEVICES TO MARK FISHING EQUIPMENT. - +SEC. 8416. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS +DEVICES TO MARK FISHING EQUIPMENT. (a) Definitions.--In this section-- - (1) the term ``Automatic Identification System'' has the - meaning given the term in section 164.46(a) of title 33, Code - of Federal Regulations, or any successor regulation; - (2) the term ``Automatic Identification System device'' - means a covered device that operates in radio frequencies - assigned to the Automatic Identification System; - (3) the term ``Commission'' means the Federal - Communications Commission; and - (4) the term ``covered device'' means a device used to mark - fishing equipment. + (1) the term ``Assistant Secretary'' means the Assistant + Secretary of Commerce for Communications and Information and the + National Telecommunications and Information Administration + Administrator; + (2) the term ``Automatic Identification System'' has the + meaning given the term in section 164.46(a) of title 33, Code of + Federal Regulations, or any successor regulation; + (3) the term ``Automatic Identification System device'' means a + covered device that operates in radio frequencies assigned for + Automatic Identification System stations; + (4) the term ``Commission'' means the Federal Communications + Commission; and + (5) the term ``covered device'' means a device used to mark + fishing equipment. (b) Rulemaking Required.--Not later than 180 days after the date of -enactment of this Act, the Commission, in consultation with the -Commandant, the Secretary of State, and the Secretary of Commerce -(acting through the Administrator of National Telecommunications and -Information Administration), shall initiate a rulemaking proceeding to -consider whether to authorize covered devices to operate in radio -frequencies assigned to the Automatic Identification System. +enactment of this Act, the Commission, in coordination with the +Assistant Secretary, and in consultation with the Commandant and the +Secretary of State, shall initiate a rulemaking proceeding to consider +whether to authorize covered devices to operate in radio frequencies +assigned for Automatic Identification System stations. (c) Considerations.--In conducting the rulemaking under subsection (b), the Commission shall consider whether imposing requirements with respect to the manner in which Automatic Identification System devices are deployed and used would enable the authorization of covered devices -to operate in radio frequencies assigned to the Automatic -Identification System consistent with the core purpose of the Automatic +to operate in radio frequencies assigned for Automatic Identification +System stations consistent with the core purpose of the Automatic Identification System to prevent maritime accidents. Subtitle C--Arctic -SEC. 11301. COAST GUARD ARCTIC PRIORITIZATION. - +SEC. 8421. COAST GUARD ARCTIC PRIORITIZATION. (a) Findings.--Congress makes the following findings: - (1) The strategic importance of the Arctic continues to - increase as the United States and other countries recognize the - military significance of the sea lanes and choke points within - the region and understand the potential for power projection - from the Arctic into multiple regions. - (2) Russia and China have conducted military exercises - together in the Arctic, have agreed to connect the Northern Sea - Route, claimed by Russia, with China's Maritime Silk Road, and - are working together in developing natural gas resources in the - Arctic. - (3) The economic significance of the Arctic continues to - grow as countries around the globe begin to understand the - potential for maritime transportation through, and economic and - trade development in, the region. - (4) Increases in human, maritime, and resource development - activity in the Arctic region may create additional mission - requirements for the Department of Defense and the Department - of Homeland Security. - (5) The increasing role of the United States in the Arctic - has been highlighted in each of the last four national defense - authorization acts. - (6) The United States Coast Guard Arctic Strategic Outlook - released in April 2019 states, ``Demonstrating commitment to - operational presence, Canada, Denmark, and Norway have made - strategic investments in ice-capable patrol ships charged with - national or homeland security missions. The United States is - the only Arctic State that has not made similar investments in - ice-capable surface maritime security assets. This limits the - ability of the Coast Guard, and the Nation, to credibly uphold - sovereignty or respond to contingencies in the Arctic.''. + (1) The strategic importance of the Arctic continues to + increase as the United States and other countries recognize the + military significance of the sea lanes and choke points within the + region and understand the potential for power projection from the + Arctic into multiple regions. + (2) Russia and China have conducted military exercises together + in the Arctic, have agreed to connect the Northern Sea Route, + claimed by Russia, with China's Maritime Silk Road, and are working + together in developing natural gas resources in the Arctic. + (3) The economic significance of the Arctic continues to grow + as countries around the globe begin to understand the potential for + maritime transportation through, and economic and trade development + in, the region. + (4) Increases in human, maritime, and resource development + activity in the Arctic region may create additional mission + requirements for the Department of Defense and the Department of + Homeland Security. + (5) The increasing role of the United States in the Arctic has + been highlighted in each of the last four national defense + authorization acts. + (6) The United States Coast Guard Arctic Strategic Outlook + released in April 2019 states, ``Demonstrating commitment to + operational presence, Canada, Denmark, and Norway have made + strategic investments in ice-capable patrol ships charged with + national or homeland security missions. The United States is the + only Arctic State that has not made similar investments in ice- + capable surface maritime security assets. This limits the ability + of the Coast Guard, and the Nation, to credibly uphold sovereignty + or respond to contingencies in the Arctic.''. (b) Sense of Congress.--It is the sense of Congress that-- - (1) the Arctic is a region of strategic importance to the - national security interests of the United States, and the Coast - Guard must better align its mission prioritization and - development of capabilities to meet the growing array of - challenges in the region; - (2) the increasing freedom of navigation and expansion of - activity in the Arctic must be met with an increasing show of - Coast Guard forces capable of exerting influence through - persistent presence; - (3) Congress fully supports the needed and important re- - capitalization of the fleet of cutters and aircraft of the - Coast Guard, but, the Coast Guard must avoid overextending - operational assets for remote international missions at the - cost of dedicated focus on this domestic area of responsibility - with significant international interest and activity; and - (4) although some progress has been made to increase - awareness of Arctic issues and to promote increased presence in - the region, additional measures are needed to protect vital - economic, environmental, and national security interests of the - United States, and to show the commitment of the United States - to this emerging strategic choke point of increasing great - power competition. + (1) the Arctic is a region of strategic importance to the + national security interests of the United States, and the Coast + Guard must better align its mission prioritization and development + of capabilities to meet the growing array of challenges in the + region; + (2) the increasing freedom of navigation and expansion of + activity in the Arctic must be met with an increasing show of Coast + Guard forces capable of exerting influence through persistent + presence; + (3) Congress fully supports the needed and important re- + capitalization of the fleet of cutters and aircraft of the Coast + Guard, but, the Coast Guard must avoid overextending operational + assets for remote international missions at the cost of dedicated + focus on this domestic area of responsibility with significant + international interest and activity; and + (4) although some progress has been made to increase awareness + of Arctic issues and to promote increased presence in the region, + additional measures are needed to protect vital economic, + environmental, and national security interests of the United + States, and to show the commitment of the United States to this + emerging strategic choke point of increasing great power + competition. (c) Arctic Defined.--In this section, the term ``Arctic'' has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). - -SEC. 11302. ARCTIC PARS NATIVE ENGAGEMENT. - +SEC. 8422. ARCTIC PARS NATIVE ENGAGEMENT. The Commandant shall-- - (1) engage directly with local coastal whaling and fishing - communities in the Arctic region when conducting the Alaskan - Arctic Coast Port Access Route Study, in accordance with - chapter 700 of title 46, United States Code, and as described - in the notice of study published in the Federal Register on - December 21, 2018 (83 Fed. Reg. 65701); and - (2) consider the concerns of the Arctic coastal community - regarding any Alaskan Arctic Coast Port Access Route, including - safety needs and concerns. - -SEC. 11303. VOTING REQUIREMENT. - + (1) engage directly with local coastal whaling and fishing + communities in the Arctic region when conducting the Alaskan Arctic + Coast Port Access Route Study, in accordance with chapter 700 of + title 46, United States Code, and as described in the notice of + study published in the Federal Register on December 21, 2018 (83 + Fed. Reg. 65701); and + (2) consider the concerns of the Arctic coastal community + regarding any Alaskan Arctic Coast Port Access Route, including + safety needs and concerns. +SEC. 8423. VOTING REQUIREMENT. Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv)) is amended to read as follows: - ``(iv) Voting requirement.--The panel may - act only by the affirmative vote of at least 5 - of its members, except that any decision made - pursuant to the last sentence of subparagraph - (C) shall require the unanimous vote of all 6 - members of the panel.''. - -SEC. 11304. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES. - + ``(iv) Voting requirement.--The panel may act only by + the affirmative vote of at least 5 of its members, except + that any decision made pursuant to the last sentence of + subparagraph (C) shall require the unanimous vote of all 6 + members of the panel.''. +SEC. 8424. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the appropriate committees of @@ -70645,42 +75852,39 @@ contract with an appropriate federally funded research and development center for the conduct of the study. (b) Elements.--The report required by subsection (a) shall include the following: - (1) A comparison of the capabilities of the United States, - the Russian Federation, the People's Republic of China, and - other countries operating in the Arctic, including an - assessment of the ability of the navy of each such country to - operate in varying sea-ice conditions. - (2) A description of commercial and foreign military - surface forces currently operating in the Arctic in conditions - inaccessible to Navy surface forces. - (3) An assessment of the potential security risk posed to - Coast Guard forces by military forces of other countries - operating in the Arctic in conditions inaccessible to Navy - surface or aviation forces in the manner such forces currently - operate. - (4) A comparison of the domain awareness capabilities of-- - (A) Coast Guard forces operating alone; and - (B) Coast Guard forces operating in tandem with - Navy surface and aviation forces and the surface and - aviation forces of other allies. - (5) A comparison of the defensive capabilities of-- - (A) Coast Guard forces operating alone; and - (B) Coast Guard forces operating in mutual defense - with Navy forces, other Armed Forces, and the military - forces of allies. + (1) A comparison of the capabilities of the United States, the + Russian Federation, the People's Republic of China, and other + countries operating in the Arctic, including an assessment of the + ability of the navy of each such country to operate in varying sea- + ice conditions. + (2) A description of commercial and foreign military surface + forces currently operating in the Arctic in conditions inaccessible + to Navy surface forces. + (3) An assessment of the potential security risk posed to Coast + Guard forces by military forces of other countries operating in the + Arctic in conditions inaccessible to Navy surface or aviation + forces in the manner such forces currently operate. + (4) A comparison of the domain awareness capabilities of-- + (A) Coast Guard forces operating alone; and + (B) Coast Guard forces operating in tandem with Navy + surface and aviation forces and the surface and aviation forces + of other allies. + (5) A comparison of the defensive capabilities of-- + (A) Coast Guard forces operating alone; and + (B) Coast Guard forces operating in mutual defense with + Navy forces, other Armed Forces, and the military forces of + allies. (c) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- - (1) the Committee on Armed Services, the Committee on - Commerce, Science, and Transportation, and the Committee on - Appropriations of the Senate; and - (2) the Committee on Armed Services, the Committee on - Transportation and Infrastructure, and the Committee on - Appropriations of the House of Representatives. - -SEC. 11305. REPORT ON ARCTIC SEARCH AND RESCUE. - + (1) the Committee on Armed Services, the Committee on Commerce, + Science, and Transportation, and the Committee on Appropriations of + the Senate; and + (2) the Committee on Armed Services, the Committee on + Transportation and Infrastructure, and the Committee on + Appropriations of the House of Representatives. +SEC. 8425. REPORT ON ARCTIC SEARCH AND RESCUE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee @@ -70689,159 +75893,140 @@ report on the search and rescue capabilities of the Coast Guard in Arctic coastal communities. (b) Contents.--The report under subsection (a) shall include the following: - (1) An identification of ways in which the Coast Guard can - more effectively partner with Arctic coastal communities to - respond to search and rescue incidents through training, - funding, and deployment of assets. - (2) An analysis of the costs of forward deploying on a - seasonal basis Coast Guard assets in support of such - communities for responses to such incidents. - -SEC. 11306. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE. - + (1) An identification of ways in which the Coast Guard can more + effectively partner with Arctic coastal communities to respond to + search and rescue incidents through training, funding, and + deployment of assets. + (2) An analysis of the costs of forward deploying on a seasonal + basis Coast Guard assets in support of such communities for + responses to such incidents. +SEC. 8426. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE. (a) Purpose.--The purpose of this section is to establish a Federal advisory committee to provide policy recommendations to the Secretary of Transportation on positioning the United States to take advantage of emerging opportunities for Arctic maritime transportation. (b) Definitions.--In this section: - (1) Advisory committee.--The term ``Advisory Committee'' - means the Arctic Shipping Federal Advisory Committee - established under subsection (c)(1). - (2) Arctic.--The term ``Arctic'' has the meaning given the - term in section 112 of the Arctic Research and Policy Act of - 1984 (15 U.S.C. 4111). - (3) Arctic sea routes.--The term ``Arctic Sea Routes'' - means the international Northern Sea Route, the Transpolar Sea - Route, and the Northwest Passage. + (1) Advisory committee.--The term ``Advisory Committee'' means + the Arctic Shipping Federal Advisory Committee established under + subsection (c)(1). + (2) Arctic.--The term ``Arctic'' has the meaning given the term + in section 112 of the Arctic Research and Policy Act of 1984 (15 + U.S.C. 4111). + (3) Arctic sea routes.--The term ``Arctic Sea Routes'' means + the international Northern Sea Route, the Transpolar Sea Route, and + the Northwest Passage. (c) Establishment of the Arctic Shipping Federal Advisory Committee.-- - (1) Establishment of advisory committee.-- - (A) In general.--The Secretary of Transportation, - in coordination with the Secretary of State, the - Secretary of Defense acting through the Secretary of - the Army and the Secretary of the Navy, the Secretary - of Commerce, and the Secretary of the Department in - which the Coast Guard is operating, shall establish an - Arctic Shipping Federal Advisory Committee in the - Department of Transportation to advise the Secretary of - Transportation and the Secretary of the Department in - which the Coast Guard is operating on matters related - to Arctic maritime transportation, including Arctic - seaway development. - (B) Meetings.--The Advisory Committee shall meet at - the call of the Chairperson, and at least once annually - in Alaska. - (2) Membership.-- - (A) In general.--The Advisory Committee shall be - composed of 17 members as described in subparagraph - (B). - (B) Composition.--The members of the Advisory - Committee shall be-- - (i) 1 individual appointed and designated - by the Secretary of Transportation to serve as - the Chairperson of the Advisory Committee; - (ii) 1 individual appointed and designated - by the Secretary of the Department in which the - Coast Guard is operating to serve as the Vice - Chairperson of the Advisory Committee; - (iii) 1 designee of the Secretary of - Commerce; - (iv) 1 designee of the Secretary of State; - (v) 1 designee of the Secretary of - Transportation; - (vi) 1 designee of the Secretary of - Defense; - (vii) 1 designee from the State of Alaska, - nominated by the Governor of Alaska and - designated by the Secretary of Transportation; - (viii) 1 designee from the State of - Washington, nominated by the Governor of - Washington and designated by the Secretary of - Transportation; - (ix) 3 Alaska Native Tribal members; - (x) 1 individual representing Alaska Native - subsistence co-management groups affected by - Arctic maritime transportation; - (xi) 1 individual representing coastal - communities affected by Arctic maritime - transportation; - (xii) 1 individual representing vessels of - the United States (as defined in section 116 of - title 46, United States Code) participating in - the shipping industry; - (xiii) 1 individual representing the marine - safety community; - (xiv) 1 individual representing the Arctic - business community; and - (xv) 1 individual representing maritime - labor organizations. - (C) Terms.-- - (i) Limitations.--Each member of the - Advisory Committee described in clauses (vii) - through (xv) of subparagraph (B) shall serve - for a 2-year term and shall not be eligible for - more than 2 consecutive term reappointments. - (ii) Vacancies.--Any vacancy in the - membership of the Advisory Committee shall not - affect its responsibilities, but shall be - filled in the same manner as the original - appointment and in accordance with the Federal - Advisory Committee Act (5 U.S.C. App.). - (3) Functions.--The Advisory Committee shall carry out all - of the following functions: - (A) Develop a set of policy recommendations that - would enhance the leadership role played by the United - States in improving the safety and reliability of - Arctic maritime transportation in accordance with - customary international maritime law and existing - Federal authority. Such policy recommendations shall - consider options to establish a United States entity - that could perform the following functions in - accordance with United States law and customary - international maritime law: - (i) Construction, operation, and - maintenance of current and future maritime - infrastructure necessary for vessels transiting - the Arctic Sea Routes, including potential new - deep draft and deepwater ports. - (ii) Provision of services that are not - widely commercially available in the United - States Arctic that would-- - (I) improve Arctic maritime safety - and environmental protection; - (II) enhance Arctic maritime domain - awareness; and - (III) support navigation and - incident response for vessels - transiting the Arctic Sea Routes. - (iii) Establishment of rules of measurement - for vessels and cargo for the purposes of - levying voluntary rates of charges or fees for - services. - (B) As an option under subparagraph (A), consider - establishing a congressionally chartered seaway - development corporation modeled on the Saint Lawrence - Seaway Development Corporation, and-- - (i) develop recommendations for - establishing such a corporation and a detailed - implementation plan for establishing such an - entity; or - (ii) if the Advisory Committee decides - against recommending the establishment of such - a corporation, provide a written explanation as - to the rationale for the decision and develop - an alternative, as practicable. - (C) Provide advice and recommendations, as - requested, to the Secretary of Transportation and the - Secretary of the Department in which the Coast Guard is - operating on Arctic marine transportation, including - seaway development, and consider national security - interests, where applicable, in such recommendations. - (D) In developing the advice and recommendations - under subparagraph (C), engage with and solicit - feedback from coastal communities, Alaska Native - subsistence co-management groups, and Alaska Native - tribes. + (1) Establishment of advisory committee.-- + (A) In general.--The Secretary of Transportation, in + coordination with the Secretary of State, the Secretary of + Defense acting through the Secretary of the Army and the + Secretary of the Navy, the Secretary of Commerce, and the + Secretary of the Department in which the Coast Guard is + operating, shall establish an Arctic Shipping Federal Advisory + Committee in the Department of Transportation to advise the + Secretary of Transportation and the Secretary of the Department + in which the Coast Guard is operating on matters related to + Arctic maritime transportation, including Arctic seaway + development. + (B) Meetings.--The Advisory Committee shall meet at the + call of the Chairperson, and at least once annually in Alaska. + (2) Membership.-- + (A) In general.--The Advisory Committee shall be composed + of 17 members as described in subparagraph (B). + (B) Composition.--The members of the Advisory Committee + shall be-- + (i) 1 individual appointed and designated by the + Secretary of Transportation to serve as the Chairperson of + the Advisory Committee; + (ii) 1 individual appointed and designated by the + Secretary of the Department in which the Coast Guard is + operating to serve as the Vice Chairperson of the Advisory + Committee; + (iii) 1 designee of the Secretary of Commerce; + (iv) 1 designee of the Secretary of State; + (v) 1 designee of the Secretary of Transportation; + (vi) 1 designee of the Secretary of Defense; + (vii) 1 designee from the State of Alaska, nominated by + the Governor of Alaska and designated by the Secretary of + Transportation; + (viii) 1 designee from the State of Washington, + nominated by the Governor of Washington and designated by + the Secretary of Transportation; + (ix) 3 Alaska Native Tribal members; + (x) 1 individual representing Alaska Native subsistence + co-management groups affected by Arctic maritime + transportation; + (xi) 1 individual representing coastal communities + affected by Arctic maritime transportation; + (xii) 1 individual representing vessels of the United + States (as defined in section 116 of title 46, United + States Code) participating in the shipping industry; + (xiii) 1 individual representing the marine safety + community; + (xiv) 1 individual representing the Arctic business + community; and + (xv) 1 individual representing maritime labor + organizations. + (C) Terms.-- + (i) Limitations.--Each member of the Advisory Committee + described in clauses (vii) through (xv) of subparagraph (B) + shall serve for a 2-year term and shall not be eligible for + more than 2 consecutive term reappointments. + (ii) Vacancies.--Any vacancy in the membership of the + Advisory Committee shall not affect its responsibilities, + but shall be filled in the same manner as the original + appointment and in accordance with the Federal Advisory + Committee Act (5 U.S.C. App.). + (3) Functions.--The Advisory Committee shall carry out all of + the following functions: + (A) Develop a set of policy recommendations that would + enhance the leadership role played by the United States in + improving the safety and reliability of Arctic maritime + transportation in accordance with customary international + maritime law and existing Federal authority. Such policy + recommendations shall consider options to establish a United + States entity that could perform the following functions in + accordance with United States law and customary international + maritime law: + (i) Construction, operation, and maintenance of current + and future maritime infrastructure necessary for vessels + transiting the Arctic Sea Routes, including potential new + deep draft and deepwater ports. + (ii) Provision of services that are not widely + commercially available in the United States Arctic that + would-- + + (I) improve Arctic maritime safety and + environmental protection; + (II) enhance Arctic maritime domain awareness; and + (III) support navigation and incident response for + vessels transiting the Arctic Sea Routes. + + (iii) Establishment of rules of measurement for vessels + and cargo for the purposes of levying voluntary rates of + charges or fees for services. + (B) As an option under subparagraph (A), consider + establishing a congressionally chartered seaway development + corporation modeled on the Saint Lawrence Seaway Development + Corporation, and-- + (i) develop recommendations for establishing such a + corporation and a detailed implementation plan for + establishing such an entity; or + (ii) if the Advisory Committee decides against + recommending the establishment of such a corporation, + provide a written explanation as to the rationale for the + decision and develop an alternative, as practicable. + (C) Provide advice and recommendations, as requested, to + the Secretary of Transportation and the Secretary of the + Department in which the Coast Guard is operating on Arctic + marine transportation, including seaway development, and + consider national security interests, where applicable, in such + recommendations. + (D) In developing the advice and recommendations under + subparagraph (C), engage with and solicit feedback from coastal + communities, Alaska Native subsistence co-management groups, + and Alaska Native tribes. (d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Advisory Committee shall submit a report with its recommendations under subparagraphs (A) and (B) of subsection @@ -70854,20 +76039,19 @@ Secretary of Transportation shall dissolve the Advisory Committee. (f) International Engagement.--If a Special Representative for the Arctic Region is appointed by the Secretary of State, the duties of that Representative shall include-- - (1) coordination of any activities recommended by the - implementation plan submitted by the Advisory Committee and - approved by the Secretary of Transportation; and - (2) facilitation of multilateral dialogues with member and - observer nations of the Arctic Council to encourage cooperation - on Arctic maritime transportation. + (1) coordination of any activities recommended by the + implementation plan submitted by the Advisory Committee and + approved by the Secretary of Transportation; and + (2) facilitation of multilateral dialogues with member and + observer nations of the Arctic Council to encourage cooperation on + Arctic maritime transportation. (g) Tribal Consultation.--In implementing any of the recommendations provided under subsection (c)(3)(C), the Secretary of Transportation shall consult with Alaska Native tribes. Subtitle D--Other Matters -SEC. 11401. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN. - +SEC. 8431. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN. (a) In General.--(1) The Commandant, in coordination with the Administrator of the Federal Aviation Administration with regard to any regulatory or safety matter regarding airspace, air space @@ -70875,28 +76059,28 @@ authorization, or aviation, shall develop plans for a demonstration program that will determine whether wing-in-ground craft, as such term is defined in section 2101 of title 46, United States Code, that is capable of carrying at least one individual, can-- - (A) provide transportation in areas in which energy - exploration, development or production activity takes place on - the Outer Continental Shelf; and - (B) under the craft's own power, safely reach helidecks or - platforms located on offshore energy facilities. + (A) provide transportation in areas in which energy + exploration, development or production activity takes place on the + Outer Continental Shelf; and + (B) under the craft's own power, safely reach helidecks or + platforms located on offshore energy facilities. (2) Requirements.--The plans required under paragraph (1) shall-- - (A) examine and explain any safety issues with regard to - the operation of the such craft as a vessel, or as an aircraft, - or both; - (B) include a timeline and technical milestones for the - implementation of such a demonstration program; - (C) outline resource requirements needed to undertake such - a demonstration program; - (D) describe specific operational circumstances under which - the craft may be used, including distance from United States - land, altitude, number of individuals, amount of cargo, and - speed and weight of vessel; - (E) describe the operations under which Federal Aviation - Administration statutes, regulations, circulars, or orders - apply; and - (F) describe the certifications, permits, or authorizations - required to perform any operations. + (A) examine and explain any safety issues with regard to the + operation of the such craft as a vessel, or as an aircraft, or + both; + (B) include a timeline and technical milestones for the + implementation of such a demonstration program; + (C) outline resource requirements needed to undertake such a + demonstration program; + (D) describe specific operational circumstances under which the + craft may be used, including distance from United States land, + altitude, number of individuals, amount of cargo, and speed and + weight of vessel; + (E) describe the operations under which Federal Aviation + Administration statutes, regulations, circulars, or orders apply; + and + (F) describe the certifications, permits, or authorizations + required to perform any operations. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant, along with the Administrator of the Federal Aviation Administration with regard to any regulatory or safety @@ -70905,22 +76089,19 @@ brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate on the plan developed under subsection (a), including-- - (1) any regulatory changes needed regarding inspections and - manning, to allow such craft to operate between onshore - facilities and offshore energy facilities when such craft is - operating as a vessel; - (2) any regulatory changes that would be necessary to - address potential impacts to air traffic control, the National - Airspace System, and other aircraft operations, and to ensure - safe operations on or near helidecks and platforms located on - offshore energy facilities when such craft are operating as - aircraft; and - (3) any other statutory or regulatory changes related to - authority of the Federal Aviation Administration over - operations of the craft. - -SEC. 11402. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING. - + (1) any regulatory changes needed regarding inspections and + manning, to allow such craft to operate between onshore facilities + and offshore energy facilities when such craft is operating as a + vessel; + (2) any regulatory changes that would be necessary to address + potential impacts to air traffic control, the National Airspace + System, and other aircraft operations, and to ensure safe + operations on or near helidecks and platforms located on offshore + energy facilities when such craft are operating as aircraft; and + (3) any other statutory or regulatory changes related to + authority of the Federal Aviation Administration over operations of + the craft. +SEC. 8432. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING. Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with @@ -70929,53 +76110,62 @@ Administrator of the Pipeline and Hazardous Materials Safety Administration, shall update the Northern Michigan Area Contingency Plan to include a worst-case discharge from a pipeline in adverse weather conditions. - -SEC. 11403. DOCUMENTATION OF LNG TANKERS. - - Section 7(b) of the America's Cup Act of 2011 (Public Law 112-61) -is amended-- - (1) in paragraph (3)-- - (A) by striking ``of the vessel on the date of - enactment of this Act''; and - (B) by inserting before the period the following: - ``, unless prior to any such sale the vessel has been - operated in a coastwise trade for not less than 1 year - after the date of enactment of the Elijah E. Cummings - Coast Guard Authorization Act of 2020 and prior to sale - of vessel''; - (2) by redesignating paragraphs (2) and (3) as paragraphs - (4) and (5), respectively; and - (3) by inserting after paragraph (1) the following: - ``(2) Limitation on ownership.--The Secretary of the - department in which the Coast Guard is operating may only issue - a certificate of documentation with a coastwise endorsement to - a vessel designated in paragraph (1) if the owner of the vessel - is an individual or individuals who are citizens of the United - States, or is deemed to be such a citizen under section 50501 - of title 46, United States Code. - ``(3) Limitation on repair and modification.-- - ``(A) Requirement.--Any qualified work shall be - performed at a shipyard facility located in the United - States. - ``(B) Exceptions.--The requirement in subparagraph - (A) does not apply to any qualified work-- - ``(i) for which the owner or operator - enters into a binding agreement no later than 1 - year after the date of enactment of the Elijah - E. Cummings Coast Guard Authorization Act of - 2020; or - ``(ii) necessary for the safe towage of the - vessel from outside the United States to a - shipyard facility in the United States for - completion of the qualified work. - ``(C) Definition.--In this paragraph, qualified - work means repair and modification necessary for the - issuance of a certificate of inspection issued as a - result of the waiver for which a coastwise endorsement - is issued under paragraph (1).''. - -SEC. 11404. REPLACEMENT VESSEL. - +SEC. 8433. DOCUMENTATION OF LNG TANKERS. + (a) ``Safari Voyager''.-- + (1) In general.--Notwithstanding sections 12112 and 12132 of + title 46, United States Code, the Secretary of the department in + which the Coast Guard is operating shall issue a certificate of + documentation with a coastwise endorsement for the vessel Safari + Voyager (International Maritime Organization number 8963753). + (2) Revocation of effectiveness of certificate.--A certificate + of documentation issued under paragraph (1) is revoked on the date + of the sale of the vessel or the entity that owns the vessel. + (b) ``Pacific Provider''.-- + (1) In general.--Notwithstanding sections 12112 and 12132 of + title 46, United States Code, the Secretary of the department in + which the Coast Guard is operating may issue a certificate of + documentation with a coastwise endorsement for the vessel Pacific + Provider (United States official number 597967). + (2) Revocation of effectiveness of certificate.--A certificate + of documentation issued under paragraph (1) is revoked on the date + of the sale of the vessel or the entity that owns the vessel. + (c) America's Cup Act of 2011.--Section 7(b) of the America's Cup +Act of 2011 (Public Law 112-61) is amended-- + (1) in paragraph (3)-- + (A) by striking ``of the vessel on the date of enactment of + this Act''; and + (B) by inserting before the period the following: ``, + unless prior to any such sale the vessel has been operated in a + coastwise trade for not less than 1 year after the date of + enactment of the Elijah E. Cummings Coast Guard Authorization + Act of 2020 and prior to sale of vessel''; + (2) by redesignating paragraphs (2) and (3) as paragraphs (4) + and (5), respectively; and + (3) by inserting after paragraph (1) the following: + ``(2) Limitation on ownership.--The Secretary of the department + in which the Coast Guard is operating may only issue a certificate + of documentation with a coastwise endorsement to a vessel + designated in paragraph (1) if the owner of the vessel is an + individual or individuals who are citizens of the United States, or + is an entity deemed to be such a citizen under section 50501 of + title 46, United States Code. + ``(3) Limitation on repair and modification.-- + ``(A) Requirement.--Any qualified work shall be performed + at a shipyard facility located in the United States. + ``(B) Exceptions.--The requirement in subparagraph (A) does + not apply to any qualified work-- + ``(i) for which the owner or operator enters into a + binding agreement no later than 1 year after the date of + enactment of the Elijah E. Cummings Coast Guard + Authorization Act of 2020; or + ``(ii) necessary for the safe towage of the vessel from + outside the United States to a shipyard facility in the + United States for completion of the qualified work. + ``(C) Definition.--In this paragraph, qualified work means + repair and modification necessary for the issuance of a + certificate of inspection issued as a result of the waiver for + which a coastwise endorsement is issued under paragraph (1).''. +SEC. 8434. REPLACEMENT VESSEL. Notwithstanding section 208(g)(5) of the American Fisheries Act (Public Law 105-277; 16 U.S.C. 1851 note), a vessel eligible under section 208(e)(21) of such Act that is replaced under section 208(g) of @@ -70985,9 +76175,7 @@ of Alaska unless that vessel is also a replacement vessel under section 679.4(o)(4) of title 50, Code of Federal Regulations, in which case such vessel shall not be eligible to be a catcher/processor under section 206(b)(2) of such Act. - -SEC. 11405. EDUCATIONAL VESSEL. - +SEC. 8435. EDUCATIONAL VESSEL. (a) In General.--Notwithstanding section 12112(a)(2) of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a @@ -70998,25 +76186,20 @@ endorsement authorized under subsection (a) for the vessel Oliver Hazard Perry (IMO number 8775560; United States official number 1257224) shall expire on the first date on which any of the following occurs: - (1) The vessel is sold to a person, including an entity, - that is not related by ownership or control to the person, - including an entity, that owned the vessel on the date of the - enactment of this Act. - (2) The vessel is rebuilt and not rebuilt in the United - States (as defined in section 12101(a) of title 46, United - States Code). - (3) The vessel is no longer operating in primary service as - a sailing school vessel. - -SEC. 11406. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR - CERTAIN PURPOSES. - + (1) The vessel is sold to a person, including an entity, that + is not related by ownership or control to the person, including an + entity, that owned the vessel on the date of the enactment of this + Act. + (2) The vessel is rebuilt and not rebuilt in the United States + (as defined in section 12101(a) of title 46, United States Code). + (3) The vessel is no longer operating in primary service as a + sailing school vessel. +SEC. 8436. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR +CERTAIN PURPOSES. The Coalbank Slough in Coos Bay, Oregon, is deemed to not be navigable waters of the United States for all purposes of subchapter J of Chapter I of title 33, Code of Federal Regulations. - -SEC. 11407. ANCHORAGES. - +SEC. 8437. ANCHORAGES. (a) In General.--The Secretary of the department in which the Coast Guard is operating shall suspend the establishment of new anchorage grounds on the Hudson River between Yonkers, New York, and Kingston, @@ -71030,26 +76213,25 @@ the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days prior to the establishment or expansion of any such anchorage grounds. (c) Savings Clause.--Nothing in this section-- - (1) prevents the master or pilot of a vessel operating on - the reach of the Hudson River described in subsection (a) from - taking emergency actions necessary to maintain the safety of - the vessel or to prevent the loss of life or property; or - (2) shall be construed as limiting the authority of the - Secretary of the department in which the Coast Guard is - operating to exercise authority over the movement of a vessel - under section 70002 of title 46, United States Code, or any - other applicable laws or regulations governing the safe - navigation of a vessel. + (1) prevents the master or pilot of a vessel operating on the + reach of the Hudson River described in subsection (a) from taking + actions necessary to maintain the safety of the vessel or to + prevent the loss of life or property; or + (2) shall be construed as limiting the authority of the + Secretary of the department in which the Coast Guard is operating + to exercise authority over the movement of a vessel under section + 70002 of title 46, United States Code, or any other applicable laws + or regulations governing the safe navigation of a vessel. (d) Study.--The Commandant of the Coast Guard, in consultation with the Hudson River Safety, Navigation, and Operations Committee, shall conduct a study of the Hudson River north of Tarrytown, New York to examine-- - (1) the nature of vessel traffic including vessel types, - sizes, cargoes, and frequency of transits; - (2) the risks and benefits of historic practices for - commercial vessels anchoring; and - (3) the risks and benefits of establishing anchorage - grounds on the Hudson River. + (1) the nature of vessel traffic including vessel types, sizes, + cargoes, and frequency of transits; + (2) the risks and benefits of historic practices for commercial + vessels anchoring; and + (3) the risks and benefits of establishing anchorage grounds on + the Hudson River. (e) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of @@ -71057,52 +76239,47 @@ Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings, conclusions, and recommendations from the study required under subsection (d). - -SEC. 11408. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT - ON VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD - STATIONS IN WASHINGTON AND OREGON. - +SEC. 8438. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON +VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD STATIONS IN WASHINGTON +AND OREGON. (a) Study.-- - (1) In general.--The Comptroller General of the United - States shall conduct a study that examines the potential use, - in the event of a Cascadia subduction zone event, of a vertical - evacuation of Coast Guard personnel stationed at United States - Coast Guard Station Grays Harbor and Sector Field Office Port - Angeles, Washington, and at United States Coast Guard Station - Yaquina Bay and United States Coast Guard Motor Lifeboat - Station Coos Bay, Oregon, and the dependents of such Coast - Guard personnel housed in Coast Guard housing. - (2) Elements.--The study required under paragraph (1) shall - analyze the following: - (A) The number of such personnel and dependents to - be evacuated. - (B) The resources available to conduct an - evacuation, and the feasibility of a successful - evacuation in a case in which inundation maps and - timelines are available. - (C) With the resources available, the amount of - time needed to evacuate such personnel and dependents. - (D) Any resource that is otherwise available within - a reasonable walking distance to the Coast Guard - facilities listed in paragraph (1). - (E) The benefit to the surrounding community of - such a vertical evacuation. - (F) The interoperability of the tsunami warning - system with the Coast Guard communication systems at - the Coast Guard facilities listed in paragraph (1). - (G) Current interagency coordination and - communication policies in place for emergency - responders to address a Cascadia subduction zone event. + (1) In general.--The Comptroller General of the United States + shall conduct a study that examines the potential use, in the event + of a Cascadia subduction zone event, of a vertical evacuation of + Coast Guard personnel stationed at United States Coast Guard + Station Grays Harbor and Sector Field Office Port Angeles, + Washington, and at United States Coast Guard Station Yaquina Bay + and United States Coast Guard Motor Lifeboat Station Coos Bay, + Oregon, and the dependents of such Coast Guard personnel housed in + Coast Guard housing. + (2) Elements.--The study required under paragraph (1) shall + analyze the following: + (A) The number of such personnel and dependents to be + evacuated. + (B) The resources available to conduct an evacuation, and + the feasibility of a successful evacuation in a case in which + inundation maps and timelines are available. + (C) With the resources available, the amount of time needed + to evacuate such personnel and dependents. + (D) Any resource that is otherwise available within a + reasonable walking distance to the Coast Guard facilities + listed in paragraph (1). + (E) The benefit to the surrounding community of such a + vertical evacuation. + (F) The interoperability of the tsunami warning system with + the Coast Guard communication systems at the Coast Guard + facilities listed in paragraph (1). + (G) Current interagency coordination and communication + policies in place for emergency responders to address a + Cascadia subduction zone event. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings, conclusions, and recommendations, if any, from the study required under subsection (a). - -SEC. 11409. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST - GUARD MUSEUM ASSOCIATION. - +SEC. 8439. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST GUARD +MUSEUM ASSOCIATION. (a) In General.--Section 316 of title 14, United States Code, is amended to read as follows: ``Sec. 316. National Coast Guard Museum @@ -71111,20 +76288,17 @@ operate, maintain and support the Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut. ``(b) Use of Funds.-- - ``(1) The Secretary shall not expend any funds appropriated - to the Coast Guard on the construction of any museum - established under this section. - ``(2) Subject to the availability of appropriations, the - Secretary may expend funds appropriated to the Coast Guard on - the engineering and design of a Museum. - ``(3) The priority for the use of funds appropriated to the - Coast Guard shall be to preserve, protect, and display historic - Coast Guard artifacts, including the design, fabrication, and - installation of exhibits or displays in which such artifacts - are included. - ``(4) To the maximum extent practicable, the Secretary - shall minimize the use of Federal funds for the construction of - the Museum. + ``(1) The Secretary shall not expend any funds appropriated to + the Coast Guard on the construction of any museum established under + this section. + ``(2) Subject to the availability of appropriations, the + Secretary may expend funds appropriated to the Coast Guard on the + engineering and design of a Museum. + ``(3) The priority for the use of funds appropriated to the + Coast Guard shall be to preserve, protect, and display historic + Coast Guard artifacts, including the design, fabrication, and + installation of exhibits or displays in which such artifacts are + included. ``(c) Funding Plan.--Not later than 2 years after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and at least 90 days before the date on which the Commandant @@ -71133,68 +76307,56 @@ the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for constructing, operating, and maintaining such Museum, including-- - ``(1) estimated planning, engineering, design, - construction, operation, and maintenance costs; - ``(2) the extent to which appropriated, nonappropriated, - and non-Federal funds will be used for such purposes, including - the extent to which there is any shortfall in funding for - engineering, design, or construction; - ``(3) an explanation of any environmental remediation - issues related to the land associated with the Museum; and - ``(4) a certification by the Inspector General of the - department in which the Coast Guard is operating that the - estimates provided pursuant to paragraphs (1) and (2) are - reasonable and realistic. + ``(1) estimated planning, engineering, design, construction, + operation, and maintenance costs; + ``(2) the extent to which appropriated, nonappropriated, and + non-Federal funds will be used for such purposes, including the + extent to which there is any shortfall in funding for engineering, + design, or construction; + ``(3) an explanation of any environmental remediation issues + related to the land associated with the Museum; and + ``(4) a certification by the Inspector General of the + department in which the Coast Guard is operating that the estimates + provided pursuant to paragraphs (1) and (2) are reasonable and + realistic. ``(d) Construction.-- - ``(1) The Association may construct the Museum described in - subsection (a). - ``(2) The Museum shall be designed and constructed in - compliance with the International Building Code 2018, and - construction performed on Federal land under this section shall - be exempt from State and local requirements for building or - demolition permits. + ``(1) The Association may construct the Museum described in + subsection (a). + ``(2) The Museum shall be designed and constructed in + compliance with the International Building Code 2018, and + construction performed on Federal land under this section shall be + exempt from State and local requirements for building or demolition + permits. ``(e) Agreements.--Under such terms and conditions as the Commandant considers appropriate, notwithstanding section 504, and until the Commandant accepts the Museum under subsection (f), the Commandant may-- - ``(1) license Federal land to the Association for the - purpose of constructing the Museum described in subsection (a); - and - ``(2)(A) at a nominal charge, lease the Museum from the - Association for activities and operations related to the - Museum; and - ``(B) authorize the Association to generate revenue - from the use of the Museum. + ``(1) license Federal land to the Association for the purpose + of constructing the Museum described in subsection (a); and + ``(2)(A) at a nominal charge, lease the Museum from the + Association for activities and operations related to the Museum; + and + ``(B) authorize the Association to generate revenue from + the use of the Museum. ``(f) Acceptance.--Not earlier than 90 days after the Commandant submits the plan under subsection (c), the Commandant shall accept the Museum from the Association and all right, title, and interest in and to the Museum shall vest in the United States when-- - ``(1) the Association demonstrates, in a manner acceptable - to the Commandant, that the Museum meets the design and - construction requirements of subsection (d); and - ``(2) all financial obligations of the Association incident - to the National Coast Guard Museum have been satisfied. - ``(g) Gifts.-- - ``(1) The Commandant may solicit from the Association and - accept funds and in-kind gifts from nonprofit entities, - including services related to activities for the construction - of the Museum. - ``(2) Funds and in-kind gifts described in paragraph (1) - shall be-- - ``(A) accepted and administered consistent with - section 2601 of title 10; and - ``(B) deposited in the Coast Guard General Gift - Fund. - ``(3) The use of any funds and in-kind gifts described in - paragraph (1) shall be subject to the availability of - appropriations. + ``(1) the Association demonstrates, in a manner acceptable to + the Commandant, that the Museum meets the design and construction + requirements of subsection (d); and + ``(2) all financial obligations of the Association incident to + the National Coast Guard Museum have been satisfied. + ``(g) Services.--The Commandant may solicit from the Association +and accept services from nonprofit entities, including services related +to activities for construction of the Museum. ``(h) Authority.--The Commandant may not establish a Museum except as set forth in this section. ``(i) Definitions.--In this section: - ``(1) Museum.--The term `Museum' means the National Coast - Guard Museum. - ``(2) Association.--The term `Association' means the - National Coast Guard Museum Association.''. + ``(1) Museum.--The term `Museum' means the National Coast Guard + Museum. + ``(2) Association.--The term `Association' means the National + Coast Guard Museum Association.''. (b) Briefings.--Not later than March 1 of the fiscal year after the fiscal year in which the report required under subsection (d) of section 316 of title 14, United States Code, is provided, and not later @@ -71204,356 +76366,343 @@ subsection (f) of such section, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the following issues with respect to the Museum: - (1) The acceptance of gifts. - (2) Engineering. - (3) Design and project status. - (4) Land ownership. - (5) Environmental remediation. - (6) Operation and support issues. - (7) Plans. - -SEC. 11410. FORMAL SEXUAL ASSAULT POLICIES FOR PASSENGER VESSELS. - - (d) Maintenance and Placement of Video Surveillance Equipment.-- + (1) The acceptance of gifts. + (2) Engineering. + (3) Design and project status. + (4) Land ownership. + (5) Environmental remediation. + (6) Operation and support issues. + (7) Plans. +SEC. 8440. VIDEO EQUIPMENT; ACCESS AND RETENTION OF RECORDS. + (a) Maintenance and Placement of Video Surveillance Equipment.-- Section 3507(b)(1) of title 46, United States Code, is amended-- - (1) by striking ``The owner'' and inserting the following: - ``(A) In general.--The owner''; - (2) by striking ``, as determined by the Secretary''; and - (3) by adding at the end, the following: - ``(B) Placement of video surveillance equipment.-- - ``(i) In general.--Not later than 18 months - after the date of the enactment of the Elijah - E. Cummings Coast Guard Authorization Act of - 2020, the Commandant in consultation with other - relevant Federal agencies or entities as - determined by the Commandant, shall establish - guidance for performance of the risk assessment - described in paragraph (2) regarding the - appropriate placement of video surveillance - equipment in passenger and crew common areas - where there is no reasonable expectation of - privacy. - ``(ii) Risk assessment.--Not later than 1 - year after the Commandant establishes the - guidance described in paragraph (1), the owner - shall conduct the risk assessment required - under paragraph (1) and shall-- - ``(I) evaluate the placement of - video surveillance equipment to deter, - prevent, and record a sexual assault - aboard the vessel considering factors - such as: ship layout and design, - itinerary, crew complement, number of - passengers, passenger demographics, and - historical data on the type and - location of prior sexual assault - incident allegations; - ``(II) incorporate to the maximum - extent practicable the video - surveillance guidance established by - the Commandant regarding the - appropriate placement of video - surveillance equipment; - ``(III) arrange for the risk - assessment to be conducted by an - independent third party with expertise - in the use and placement of camera - surveillance to deter, prevent and - record criminal behavior; and - ``(IV) the independent third party - referred to in paragraph (C) shall be a - company that has been accepted by a - classification society that is a member - of the International Association of - Classification Societies (hereinafter - referred to as `IACS') or another - classification society recognized by - the Secretary as meeting acceptable - standards for such a society pursuant - to section 3316(b). - ``(C) Surveillance plan.--Not later than 180 days - after completion of the risk assessment conducted under - subparagraph (B)(ii), the owner of a vessel shall - develop a plan to install video surveillance equipment - in places determined to be appropriate in accordance - with the results of the risk assessment conducted under - subparagraph (B)(ii), except in areas where a person - has a reasonable expectation of privacy. Such plan - shall be evaluated and approved by an independent third - party with expertise in the use and placement of camera - surveillance to deter, prevent and record criminal - behavior that has been accepted as set forth in - paragraph (2)(D). - ``(D) Installation.--The owner of a vessel to which - this section applies shall, consistent with the - surveillance plan approved under subparagraph (C), - install appropriate video surveillance equipment aboard - the vessel not later than 2 years after approval of the - plan, or during the next scheduled drydock, whichever - is later. - ``(E) Attestation.--At the time of initial - installation under subparagraph (D), the vessel owner - shall obtain written attestations from-- - ``(i) an IACS classification society that - the video surveillance equipment is installed - in accordance with the surveillance plan - required under subparagraph (C); and - ``(ii) the company security officer that - the surveillance equipment and associated - systems are operational, which attestation - shall be obtained each year thereafter. - ``(F) Updates.--The vessel owner shall ensure the - risk assessment described in subparagraph (B)(ii) and - installation plan in subparagraph (C) are updated not - later than 5 years after the initial installation - conducted under subparagraph (D), and every 5 years - thereafter. The updated assessment and plan shall be - approved by an independent third party with expertise + (1) by striking ``The owner'' and inserting the following: + ``(A) In general.--The owner''; + (2) by striking ``, as determined by the Secretary''; and + (3) by adding at the end, the following: + ``(B) Placement of video surveillance equipment.-- + ``(i) In general.--Not later than 18 months after the + date of the enactment of the Elijah E. Cummings Coast Guard + Authorization Act of 2020, the Commandant in consultation + with other relevant Federal agencies or entities as + determined by the Commandant, shall establish guidance for + performance of the risk assessment described in paragraph + (2) regarding the appropriate placement of video + surveillance equipment in passenger and crew common areas + where there is no reasonable expectation of privacy. + ``(ii) Risk assessment.--Not later than 1 year after + the Commandant establishes the guidance described in + paragraph (1), the owner shall conduct the risk assessment + required under paragraph (1) and shall-- + + ``(I) evaluate the placement of video surveillance + equipment to deter, prevent, and record a sexual + assault aboard the vessel considering factors such as: + ship layout and design, itinerary, crew complement, + number of passengers, passenger demographics, and + historical data on the type and location of prior + sexual assault incident allegations; + ``(II) incorporate to the maximum extent + practicable the video surveillance guidance established + by the Commandant regarding the appropriate placement + of video surveillance equipment; + ``(III) arrange for the risk assessment to be + conducted by an independent third party with expertise in the use and placement of camera surveillance to - deter, prevent, and record criminal behavior that has - been accepted by an IACS classification society. The - vessel owner shall implement the updated installation - plan not later than 180 days after approval. - ``(G) Availability.--Each risk assessment, - installation plan and attestation shall be protected - from disclosure under the Freedom of Information Act, - section 552 of title 5 but shall be available to the - Coast Guard-- - ``(i) upon request, and - ``(ii) at the time of the certificate of - compliance or certificate of inspection - examination. - ``(H) Definitions.--For purposes of this section a - `ship security officer' is an individual that, with the - master's approval, has full responsibility for vessel - security consistent with the International Ship and - Port Facility Security Code.''. - (e) Access to Video Records; Notice of Video Surveillance.--Section -3507(b), of title 46, United States Code, is further amended-- - (1) by redesignating paragraph (2) as paragraph (3); - (2) by inserting after paragraph (1) the following: - ``(2) Notice of video surveillance.--The owner of a vessel - to which this section applies shall provide clear and - conspicuous signs on board the vessel notifying the public of - the presence of video surveillance equipment.''; - (3) in paragraph (3), as so redesignated-- - (A) by striking ``The owner'' and inserting the - following: - ``(A) Law enforcement.--The owner''; and - (B) by adding at the end the following: - ``(B) Civil actions.--Except as proscribed by law - enforcement authorities or court order, the owner of a - vessel to which this section applies shall, upon - written request, provide to any individual or the - individual's legal representative a copy of all records - of video surveillance-- - ``(i) in which the individual is a subject - of the video surveillance; and - ``(ii) that may provide evidence of any - sexual assault incident in a civil action. - ``(C) Limited access.--The owner of a vessel to - which this section applies shall ensure that access to - records of video surveillance is limited to the - purposes described in this paragraph.''. - (f) Retention Requirements.-- - (1) In general.--Section 3507(b), of title 46, United - States Code, is further amended by adding at the end the - following: - ``(4) Retention requirements.--The owner of a vessel to - which this section applies shall retain all records of video - surveillance for not less than 20 days after the footage is - obtained. The vessel owner shall include a statement in the - security guide required by subsection (c)(1)(A) that the vessel - owner is required by law to retain video surveillance footage - for the period specified in this paragraph. If an incident - described in subsection (g)(3)(A)(i) is alleged and reported to - law enforcement, all records of video surveillance from the - voyage that the Federal Bureau of Investigation determines are - relevant shall-- - ``(A) be provided to the Federal Bureau of - Investigation; and - ``(B) be preserved by the vessel owner for not less - than 4 years from the date of the alleged incident.''. - (2) Administrative provisions.-- - (A) Study and report.--Each owner of a vessel to - which section 3507, of title 46, United States Code, - applies shall, not later than March 1, 2023, submit to - the Committee on Transportation and Infrastructure of - the House of Representatives and the Committee on - Commerce, Science, and Transportation of the Senate a - report detailing the total number of voyages for the - preceding year and the percentage of those voyages that - were 30 days or longer. - (B) Interim standards.--Not later than 180 days - after the date of enactment of this Act, the - Commandant, in consultation with the Federal Bureau of - Investigation, shall promulgate interim standards for - the retention of records of video surveillance. - (C) Final standards.--Not later than 1 year after - the date of enactment of this Act, the Commandant, in - consultation with the Federal Bureau of Investigation, - shall promulgate final standards for the retention of - records of video surveillance. - (D) Considerations.--In promulgating standards - under subparagraphs (B) and (B), the Commandant shall-- - (i) consider factors that would aid in the - investigation of serious crimes, including the - results of the report by the Commandant - provided under subparagraph (A), as well as - crimes that go unreported until after the - completion of a voyage; - (ii) consider the different types of video - surveillance systems and storage requirements - in creating standards both for vessels - currently in operation and for vessels newly - built; - (iii) consider privacy, including standards - for permissible access to and monitoring and - use of the records of video surveillance; and - (iv) consider technological advancements, - including requirements to update technology. - -SEC. 11411. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS. - - Section 3306 of title 46, United States Code, is amended-- - (1) in subsection (a)-- - (A) in the matter preceding paragraph (1), by - inserting ``, including covered small passenger vessels - (as defined in subsection (n)(5))'' after ``vessels - subject to inspection''; and - (B) in paragraph (5), by inserting before the - period at the end ``, including rechargeable devices - utilized for personal or commercial electronic - equipment''; and - (2) by adding at the end the following: + deter, prevent and record criminal behavior; and + ``(IV) the independent third party referred to in + paragraph (C) shall be a company that has been accepted + by a classification society that is a member of the + International Association of Classification Societies + (hereinafter referred to as `IACS') or another + classification society recognized by the Secretary as + meeting acceptable standards for such a society + pursuant to section 3316(b). + + ``(C) Surveillance plan.--Not later than 180 days after + completion of the risk assessment conducted under subparagraph + (B)(ii), the owner of a vessel shall develop a plan to install + video surveillance equipment in places determined to be + appropriate in accordance with the results of the risk + assessment conducted under subparagraph (B)(ii), except in + areas where a person has a reasonable expectation of privacy. + Such plan shall be evaluated and approved by an independent + third party with expertise in the use and placement of camera + surveillance to deter, prevent and record criminal behavior + that has been accepted as set forth in paragraph (2)(D). + ``(D) Installation.--The owner of a vessel to which this + section applies shall, consistent with the surveillance plan + approved under subparagraph (C), install appropriate video + surveillance equipment aboard the vessel not later than 2 years + after approval of the plan, or during the next scheduled + drydock, whichever is later. + ``(E) Attestation.--At the time of initial installation + under subparagraph (D), the vessel owner shall obtain written + attestations from-- + ``(i) an IACS classification society that the video + surveillance equipment is installed in accordance with the + surveillance plan required under subparagraph (C); and + ``(ii) the company security officer that the + surveillance equipment and associated systems are + operational, which attestation shall be obtained each year + thereafter. + ``(F) Updates.--The vessel owner shall ensure the risk + assessment described in subparagraph (B)(ii) and installation + plan in subparagraph (C) are updated not later than 5 years + after the initial installation conducted under subparagraph + (D), and every 5 years thereafter. The updated assessment and + plan shall be approved by an independent third party with + expertise in the use and placement of camera surveillance to + deter, prevent, and record criminal behavior that has been + accepted by an IACS classification society. The vessel owner + shall implement the updated installation plan not later than + 180 days after approval. + ``(G) Availability.--Each risk assessment, installation + plan and attestation shall be protected from disclosure under + the Freedom of Information Act, section 552 of title 5 but + shall be available to the Coast Guard-- + ``(i) upon request, and + ``(ii) at the time of the certificate of compliance or + certificate of inspection examination. + ``(H) Definitions.--For purposes of this section a `ship + security officer' is an individual that, with the master's + approval, has full responsibility for vessel security + consistent with the International Ship and Port Facility + Security Code.''. + (b) Access to Video Records; Notice of Video Surveillance.--Section +3507(b) of title 46, United States Code, is further amended-- + (1) by redesignating paragraph (2) as paragraph (3); + (2) by inserting after paragraph (1) the following: + ``(2) Notice of video surveillance.--The owner of a vessel to + which this section applies shall provide clear and conspicuous + signs on board the vessel notifying the public of the presence of + video surveillance equipment.''; + (3) in paragraph (3), as so redesignated-- + (A) by striking ``The owner'' and inserting the following: + ``(A) Law enforcement.--The owner''; and + (B) by adding at the end the following: + ``(B) Civil actions.--Except as proscribed by law + enforcement authorities or court order, the owner of a vessel + to which this section applies shall, upon written request, + provide to any individual or the individual's legal + representative a copy of all records of video surveillance-- + ``(i) in which the individual is a subject of the video + surveillance; and + ``(ii) that may provide evidence of any sexual assault + incident in a civil action. + ``(C) Limited access.--The owner of a vessel to which this + section applies shall ensure that access to records of video + surveillance is limited to the purposes described in this + paragraph.''. + (c) Retention Requirements.-- + (1) In general.--Section 3507(b) of title 46, United States + Code, is further amended by adding at the end the following: + ``(4) Retention requirements.--The owner of a vessel to which + this section applies shall retain all records of video surveillance + for not less than 20 days after the footage is obtained. The vessel + owner shall include a statement in the security guide required by + subsection (c)(1)(A) that the vessel owner is required by law to + retain video surveillance footage for the period specified in this + paragraph. If an incident described in subsection (g)(3)(A)(i) is + alleged and reported to law enforcement, all records of video + surveillance from the voyage that the Federal Bureau of + Investigation determines are relevant shall-- + ``(A) be provided to the Federal Bureau of Investigation; + and + ``(B) be preserved by the vessel owner for not less than 4 + years from the date of the alleged incident.''. + (2) Administrative provisions.-- + (A) Study and report.--Each owner of a vessel to which + section 3507 of title 46, United States Code, applies shall, + not later than March 1, 2023, submit to the Committee on + Transportation and Infrastructure of the House of + Representatives and the Committee on Commerce, Science, and + Transportation of the Senate a report detailing the total + number of voyages for the preceding year and the percentage of + those voyages that were 30 days or longer. + (B) Interim standards.--Not later than 180 days after the + date of enactment of this Act, the Commandant, in consultation + with the Federal Bureau of Investigation, shall promulgate + interim standards for the retention of records of video + surveillance. + (C) Final standards.--Not later than 1 year after the date + of enactment of this Act, the Commandant, in consultation with + the Federal Bureau of Investigation, shall promulgate final + standards for the retention of records of video surveillance. + (D) Considerations.--In promulgating standards under + subparagraphs (B) and (B), the Commandant shall-- + (i) consider factors that would aid in the + investigation of serious crimes, including the results of + the report by the Commandant provided under subparagraph + (A), as well as crimes that go unreported until after the + completion of a voyage; + (ii) consider the different types of video surveillance + systems and storage requirements in creating standards both + for vessels currently in operation and for vessels newly + built; + (iii) consider privacy, including standards for + permissible access to and monitoring and use of the records + of video surveillance; and + (iv) consider technological advancements, including + requirements to update technology. +SEC. 8441. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS. + (a) In General.--Section 3306 of title 46, United States Code, is +amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by inserting ``, + including covered small passenger vessels (as defined in + subsection (n)(5))'' after ``vessels subject to inspection''; + and + (B) in paragraph (5), by inserting before the period at the + end ``, including rechargeable devices utilized for personal or + commercial electronic equipment''; and + (2) by adding at the end the following: ``(n) Covered Small Passenger Vessels.-- - ``(1) Regulations.--The Secretary shall prescribe - additional regulations to secure the safety of individuals and - property on board covered small passenger vessels. - ``(2) Comprehensive review.--In order to prescribe the - regulations under paragraph (1), the Secretary shall conduct a - comprehensive review of all requirements (including - calculations), in existence on the date of enactment of the - Elijah E. Cummings Coast Guard Authorization Act of 2020, that - apply to covered small passenger vessels, with respect to fire - detection, protection, and suppression systems, and avenues of - egress, on board such vessels. - ``(3) Requirements.-- - ``(A) In general.--Subject to subparagraph (B), the - regulations prescribed under paragraph (1) shall - include, with respect to covered small passenger - vessels, regulations for-- - ``(i) marine firefighting training programs - to improve crewmember training and proficiency, - including emergency egress training for each - member of the crew, to occur for all members on - the crew-- - ``(I) at least monthly while such - members are employed on board the - vessel; and - ``(II) each time a new crewmember - joins the crew of such vessel; - ``(ii) in all areas on board the vessel - where passengers and crew have access, - including dining areas, sleeping quarters, and - lounges-- - ``(I) interconnected fire detection - equipment, including audible and visual - alarms; and - ``(II) additional fire - extinguishers and other firefighting - equipment; - ``(iii) the installation and use of - monitoring devices to ensure the wakefulness of - the required night watch; - ``(iv) increased fire detection and - suppression systems (including additional fire - extinguishers) on board such vessels in - unmanned areas with machinery or areas with - other potential heat sources; - ``(v) all general areas accessible to - passengers to have no less than 2 independent - avenues of escape that are-- - ``(I) constructed and arranged to - allow for free and unobstructed egress - from such areas; - ``(II) located so that if one - avenue of escape is not available, - another avenue of escape is available; - and - ``(III) not located directly above, - or dependent on, a berth; - ``(vi) the handling, storage, and operation - of flammable items, such as rechargeable - batteries, including lithium ion batteries - utilized for commercial purposes on board such - vessels; - ``(vii) passenger emergency egress drills - for all areas on the vessel to which passengers - have access, which shall occur prior to the - vessel beginning each excursion; and - ``(viii) all passengers to be provided a - copy of the emergency egress plan for the - vessel. - ``(B) Applicability to certain covered small - passenger vessels.--The requirements described in - clauses (iii), (v), (vii), and (viii) of subparagraph - (A) shall only apply to a covered small passenger - vessel that has overnight passenger accommodations. - ``(4) Interim requirements.-- - ``(A) Interim requirements.--The Secretary shall, - prior to issuing final regulations under paragraph (1), - implement interim requirements to enforce the - requirements under paragraph (3). - ``(B) Implementation.--The Secretary shall - implement the interim requirements under subparagraph - (A) without regard to chapters 5 and 6 of title 5 and - Executive Order Nos. 12866 and 13563 (5 U.S.C. 601 - note; relating to regulatory planning and review and - relating to improving regulation and regulatory - review). - ``(5) Definition of covered small passenger vessel.--In - this subsection, the term `covered small passenger vessel'-- - ``(A) except as provided in subparagraph (B), means - a small passenger vessel (as defined in section 2101) - that-- - ``(i) has overnight passenger - accommodations; or - ``(ii) is operating on a coastwise or - oceans route; and - ``(B) does not include a ferry (as defined in - section 2101) or fishing vessel (as defined in section - 2101).''. - - TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS - -SEC. 12001. TRANSFERS. - + ``(1) Regulations.--The Secretary shall prescribe additional + regulations to secure the safety of individuals and property on + board covered small passenger vessels. + ``(2) Comprehensive review.--In order to prescribe the + regulations under paragraph (1), the Secretary shall conduct a + comprehensive review of all requirements (including calculations), + in existence on the date of enactment of the Elijah E. Cummings + Coast Guard Authorization Act of 2020, that apply to covered small + passenger vessels, with respect to fire detection, protection, and + suppression systems, and avenues of egress, on board such vessels. + ``(3) Requirements.-- + ``(A) In general.--Subject to subparagraph (B), the + regulations prescribed under paragraph (1) shall include, with + respect to covered small passenger vessels, regulations for-- + ``(i) marine firefighting training programs to improve + crewmember training and proficiency, including emergency + egress training for each member of the crew, to occur for + all members on the crew-- + + ``(I) at least monthly while such members are + employed on board the vessel; and + ``(II) each time a new crewmember joins the crew of + such vessel; + + ``(ii) in all areas on board the vessel where + passengers and crew have access, including dining areas, + sleeping quarters, and lounges-- + + ``(I) interconnected fire detection equipment, + including audible and visual alarms; and + ``(II) additional fire extinguishers and other + firefighting equipment; + + ``(iii) the installation and use of monitoring devices + to ensure the wakefulness of the required night watch; + ``(iv) increased fire detection and suppression systems + (including additional fire extinguishers) on board such + vessels in unmanned areas with machinery or areas with + other potential heat sources; + ``(v) all general areas accessible to passengers to + have no less than 2 independent avenues of escape that + are-- + + ``(I) constructed and arranged to allow for free + and unobstructed egress from such areas; + ``(II) located so that if one avenue of escape is + not available, another avenue of escape is available; + and + ``(III) not located directly above, or dependent + on, a berth; + + ``(vi) the handling, storage, and operation of + flammable items, such as rechargeable batteries, including + lithium ion batteries utilized for commercial purposes on + board such vessels; + ``(vii) passenger emergency egress drills for all areas + on the vessel to which passengers have access, which shall + occur prior to the vessel beginning each excursion; and + ``(viii) all passengers to be provided a copy of the + emergency egress plan for the vessel. + ``(B) Applicability to certain covered small passenger + vessels.--The requirements described in clauses (iii), (v), + (vii), and (viii) of subparagraph (A) shall only apply to a + covered small passenger vessel that has overnight passenger + accommodations. + ``(4) Interim requirements.-- + ``(A) Interim requirements.--The Secretary shall, prior to + issuing final regulations under paragraph (1), implement + interim requirements to enforce the requirements under + paragraph (3). + ``(B) Implementation.--The Secretary shall implement the + interim requirements under subparagraph (A) without regard to + chapters 5 and 6 of title 5 and Executive Order Nos. 12866 and + 13563 (5 U.S.C. 601 note; relating to regulatory planning and + review and relating to improving regulation and regulatory + review). + ``(5) Definition of covered small passenger vessel.--In this + subsection, the term `covered small passenger vessel'-- + ``(A) except as provided in subparagraph (B), means a small + passenger vessel (as defined in section 2101) that-- + ``(i) has overnight passenger accommodations; or + ``(ii) is operating on a coastwise or oceans route; and + ``(B) does not include a ferry (as defined in section 2101) + or fishing vessel (as defined in section 2101).''. + (b) Section 3202.--Section 3202(b) of title 46, United States Code, +is amended-- + (1) by redesignating paragraphs (1) and (2) as subparagraphs + (A) and (B), respectively, and indenting appropriately; + (2) by striking ``This chapter'' and inserting the following: + ``(1) In general.--This chapter''; and + (3) by adding at the end the following: + ``(2) Safety management system.--Notwithstanding any other + provision in this chapter, including paragraph (1)(B), any + regulations under section 3203, including the safety management + system established by such regulations, issued on or after the date + of enactment of the Elijah E. Cummings Coast Guard Authorization + Act of 2020, shall apply to all covered small passenger vessels, as + defined in section 3306(n)(5).''. + (c) Section 3203.--Section 3203(a) of title 46, United States Code, +is amended by inserting ``(including, for purposes of this section, all +covered small passenger vessels, as defined in section 3306(n)(5))'' +after ``vessels to which this chapter applies''. + + TITLE LVXXXV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS + +Sec. 8501. Transfers. +Sec. 8502. Additional transfers. +Sec. 8503. License exemptions; repeal of obsolete provisions. +Sec. 8504. Maritime transportation system. +Sec. 8505. References to ``persons'' and ``seamen''. +Sec. 8506. References to ``himself'' and ``his''. +Sec. 8507. Miscellaneous technical corrections. +Sec. 8508. Technical corrections relating to codification of Ports and + Waterways Safety Act. +Sec. 8509. Aids to navigation. +Sec. 8510. Transfers related to employees of Lighthouse Service. +Sec. 8511. Transfers related to surviving spouses of Lighthouse Service + employees. +Sec. 8512. Repeals related to lighthouse statutes. +Sec. 8513. Common appropriation structure. +SEC. 8501. TRANSFERS. (a) In General.-- - (1) Section 215 of the Coast Guard and Maritime - Transportation Act of 2004 (Public Law 108-293; 14 U.S.C. 504 - note) is redesignated as section 322 of title 14, United States - Code, transferred to appear after section 321 of such title (as - added by this division), and amended so that the enumerator, - section heading, typeface, and typestyle conform to those - appearing in other sections in title 14, United States Code. - (2) Section 406 of the Maritime Transportation Security Act - of 2002 (Public Law 107-295; 14 U.S.C. 501 note) is - redesignated as section 720 of title 14, United States Code, - transferred to appear after section 719 of such title (as added - by this division), and amended so that the enumerator, section - heading, typeface, and typestyle conform to those appearing in - other sections in title 14, United States Code. - (3) Section 1110 of title 14, United States Code, is - redesignated as section 5110 of such title and transferred to - appear after section 5109 of such title (as added by this - division). - (4) Section 401 of the Coast Guard Authorization Act of - 2010 (Public Law 111-281) is amended by striking subsection - (e). - (5) Subchapter I of chapter 11 of title 14, United States - Code, as amended by this division, is amended by inserting - after section 1109 the following: + (1) Section 215 of the Coast Guard and Maritime Transportation + Act of 2004 (Public Law 108-293; 14 U.S.C. 504 note) is + redesignated as section 322 of title 14, United States Code, + transferred to appear after section 321 of such title (as added by + this division), and amended so that the enumerator, section + heading, typeface, and typestyle conform to those appearing in + other sections in title 14, United States Code. + (2) Section 406 of the Maritime Transportation Security Act of + 2002 (Public Law 107-295; 14 U.S.C. 501 note) is redesignated as + section 720 of title 14, United States Code, transferred to appear + after section 719 of such title (as added by this division), and + amended so that the enumerator, section heading, typeface, and + typestyle conform to those appearing in other sections in title 14, + United States Code. + (3) Section 1110 of title 14, United States Code, is + redesignated as section 5110 of such title and transferred to + appear after section 5109 of such title (as added by this + division). + (4) Section 401 of the Coast Guard Authorization Act of 2010 + (Public Law 111-281) is amended by striking subsection (e). + (5) Subchapter I of chapter 11 of title 14, United States Code, + as amended by this division, is amended by inserting after section + 1109 the following: ``Sec. 1110. Elevation of disputes to the Chief Acquisition Officer ``If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding level 1 or @@ -71561,132 +76710,123 @@ level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue.''. - (6) Section 7 of the Rivers and Harbors Appropriations Act - of 1915 (33 U.S.C. 471) is amended-- - (A) by transferring such section to appear after - section 70005 of title 46, United States Code; - (B) by striking ``Sec. 7.'' and inserting - ``Sec. 70006. Establishment by Secretary of the - department in which the Coast Guard is operating of - anchorage grounds and regulations generally''; and - (C) by adjusting the margins with respect to - subsections (a) and (b) for the presence of a section - heading accordingly. - (7) Section 217 of the Coast Guard Authorization Act of - 2010 (Public Law 111-281; 14 U.S.C. 504 note)-- - (A) is redesignated as section 5112 of title 14, - United States Code, transferred to appear after section - 5111 of such title (as added by this division), and - amended so that the enumerator, section heading, - typeface, and typestyle conform to those appearing in - other sections in title 14, United States Code; and - (B) is amended-- - (i) by striking the heading and inserting - the following: + (6) Section 7 of the Rivers and Harbors Appropriations Act of + 1915 (33 U.S.C. 471) is amended-- + (A) by transferring such section to appear after section + 70005 of title 46, United States Code; + (B) by striking ``Sec. 7.'' and inserting ``Sec. 70006. + Establishment by Secretary of the department in which the Coast + Guard is operating of anchorage grounds and regulations + generally''; and + (C) by adjusting the margins with respect to subsections + (a) and (b) for the presence of a section heading accordingly. + (7) Section 217 of the Coast Guard Authorization Act of 2010 + (Public Law 111-281; 14 U.S.C. 504 note)-- + (A) is redesignated as section 5112 of title 14, United + States Code, transferred to appear after section 5111 of such + title (as added by this division), and amended so that the + enumerator, section heading, typeface, and typestyle conform to + those appearing in other sections in title 14, United States + Code; and + (B) is amended-- + (i) by striking the heading and inserting the + following: ``Sec. 5112. Sexual assault and sexual harassment in the Coast Guard''; - and - (ii) in subsection (b), by adding at the - end the following: - ``(5)(A) The number of instances in which a covered - individual was accused of misconduct or crimes considered - collateral to the investigation of a sexual assault committed - against the individual. - ``(B) The number of instances in which adverse action was - taken against a covered individual who was accused of - collateral misconduct or crimes as described in subparagraph - (A). - ``(C) The percentage of investigations of sexual assaults - that involved an accusation or adverse action against a covered - individual as described in subparagraphs (A) and (B). - ``(D) In this paragraph, the term `covered individual' - means an individual who is identified as a victim of a sexual - assault in the case files of a military criminal investigative - organization.''. + and + (ii) in subsection (b), by adding at the end the + following: + ``(5)(A) The number of instances in which a covered individual + was accused of misconduct or crimes considered collateral to the + investigation of a sexual assault committed against the individual. + ``(B) The number of instances in which adverse action was taken + against a covered individual who was accused of collateral + misconduct or crimes as described in subparagraph (A). + ``(C) The percentage of investigations of sexual assaults that + involved an accusation or adverse action against a covered + individual as described in subparagraphs (A) and (B). + ``(D) In this paragraph, the term `covered individual' means an + individual who is identified as a victim of a sexual assault in the + case files of a military criminal investigative organization.''. (b) Clerical Amendments.-- - (1) The analysis for chapter 3 of title 14, United States - Code, as amended by this division, is further amended by adding - at the end the following: + (1) The analysis for chapter 3 of title 14, United States Code, + as amended by this division, is further amended by adding at the + end the following: ``322. Redistricting notification requirement.''. - (2) The analysis for chapter 7 of title 14, United States - Code, as amended by this division, is further amended by adding - at the end the following: + + (2) The analysis for chapter 7 of title 14, United States Code, + as amended by this division, is further amended by adding at the + end the following: ``720. VHF communication services.''. - (3) The analysis for chapter 11 of title 14, United States - Code, is amended by striking the item relating to section 1110 - and inserting the following: + + (3) The analysis for chapter 11 of title 14, United States + Code, is amended by striking the item relating to section 1110 and + inserting the following: ``1110. Elevation of disputes to the Chief Acquisition Officer.''. - (4) The analysis for chapter 51 of title 14, United States - Code, as amended by this division, is further amended by adding - at the end the following: + + (4) The analysis for chapter 51 of title 14, United States + Code, as amended by this division, is further amended by adding at + the end the following: ``5110. Mission need statement. ``5111. Report on diversity at Coast Guard Academy. ``5112. Sexual assault and sexual harassment in the Coast Guard.''. - (5) The analysis for chapter 700 of title 46, United States - Code, is further amended by inserting after the item relating - to section 70005 the following: - -``70006. Establishment by the Secretary of the department in which the - Coast Guard is operating of anchorage - grounds and regulations generally.''. -SEC. 12002. ADDITIONAL TRANSFERS. + (5) The analysis for chapter 700 of title 46, United States + Code, is further amended by inserting after the item relating to + section 70005 the following: +``70006. Establishment by the Secretary of the department in which the + Coast Guard is operating of anchorage grounds and regulations + generally.''. +SEC. 8502. ADDITIONAL TRANSFERS. (a) Section 204 of the Marine Transportation Security Act.-- - (1) The Maritime Transportation Security Act of 2002 is - amended by striking section 204 (33 U.S.C. 1902a). - (2) Section 3 of the Act to Prevent Pollution from Ships - (33 U.S.C. 1902)-- - (A) is amended by redesignating subsections (e) - through (i) as subsections (f) through (j) - respectively; and - (B) by inserting after subsection (d) the - following: + (1) The Maritime Transportation Security Act of 2002 is amended + by striking section 204 (33 U.S.C. 1902a). + (2) Section 3 of the Act to Prevent Pollution from Ships (33 + U.S.C. 1902)-- + (A) is amended by redesignating subsections (e) through (i) + as subsections (f) through (j) respectively; and + (B) by inserting after subsection (d) the following: ``(e) Discharge of Agricultural Cargo Residue.--Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of this Act that implement Annex V to the International Convention for the Prevention of Pollution from Ships.''. (b) LNG Tankers.-- - (1) The Coast Guard and Maritime Transportation Act of 2006 - is amended by striking section 304 (Public Law 109-241; 120 - Stat. 527). - (2) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. - 1504) is amended by adding at the end the following: + (1) The Coast Guard and Maritime Transportation Act of 2006 is + amended by striking section 304 (Public Law 109-241; 120 Stat. + 527). + (2) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. + 1504) is amended by adding at the end the following: ``(j) LNG Tankers.-- - ``(1) Program.--The Secretary of Transportation shall - develop and implement a program to promote the transportation - of liquefied natural gas to and from the United States on - United States flag vessels. - ``(2) Information to be provided.--When the Coast Guard is - operating as a contributing agency in the Federal Energy - Regulatory Commission's shoreside licensing process for a - liquefied natural gas or liquefied petroleum gas terminal - located on shore or within State seaward boundaries, the Coast - Guard shall provide to the Commission the information described - in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 - U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably - anticipated to be servicing that port.''. - -SEC. 12003. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS. - + ``(1) Program.--The Secretary of Transportation shall develop + and implement a program to promote the transportation of liquefied + natural gas to and from the United States on United States flag + vessels. + ``(2) Information to be provided.--When the Coast Guard is + operating as a contributing agency in the Federal Energy Regulatory + Commission's shoreside licensing process for a liquefied natural + gas or liquefied petroleum gas terminal located on shore or within + State seaward boundaries, the Coast Guard shall provide to the + Commission the information described in section 5(c)(2)(K) of the + Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect + to vessels reasonably anticipated to be servicing that port.''. +SEC. 8503. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS. (a) Service Under Licenses Issued Without Examination.-- - (1) Repeal.--Section 8303 of title 46, United States Code, - and the item relating to that section in the analysis for - chapter 83 of that title, are repealed. - (2) Conforming amendment.--Section 14305(a)(10) of title - 46, United States Code, is amended by striking ``sections 8303 - and 8304'' and inserting ``section 8304''. + (1) Repeal.--Section 8303 of title 46, United States Code, and + the item relating to that section in the analysis for chapter 83 of + that title, are repealed. + (2) Conforming amendment.--Section 14305(a)(10) of title 46, + United States Code, is amended by striking ``sections 8303 and + 8304'' and inserting ``section 8304''. (b) Standards for Tank Vessels of the United States.--Section 9102 of title 46, United States Code, is amended-- - (1) by striking ``(a)'' before the first sentence; and - (2) by striking subsection (b). - -SEC. 12004. MARITIME TRANSPORTATION SYSTEM. - + (1) by striking ``(a)'' before the first sentence; and + (2) by striking subsection (b). +SEC. 8504. MARITIME TRANSPORTATION SYSTEM. (a) Maritime Transportation System.--Section 312(b)(4) of title 14, United States Code, is amended by striking ``marine transportation system'' and inserting ``maritime transportation system''. @@ -71694,290 +76834,278 @@ system'' and inserting ``maritime transportation system''. Programs.--Section 50307(a) of title 46, United States Code, is amended by striking ``marine transportation'' and inserting ``maritime transportation''. - -SEC. 12005. REFERENCES TO ``PERSONS'' AND ``SEAMEN''. - +SEC. 8505. REFERENCES TO ``PERSONS'' AND ``SEAMEN''. (a) Technical Correction of References to ``Persons''.--Title 14, United States Code, is amended as follows: - (1) In section 312(d), by striking ``persons'' and - inserting ``individuals''. - (2) In section 313(d)(2)(B), by striking ``person'' and - inserting ``individual''. - (3) In section 504-- - (A) in subsection (a)(19)(B), by striking ``a - person'' and inserting ``an individual''; and - (B) in subsection (c)(4), by striking ``seamen;'' - and inserting ``mariners;''. - (4) In section 521, by striking ``persons'' each place it - appears and inserting ``individuals''. - (5) In section 522-- - (A) by striking ``a person'' and inserting ``an - individual''; and - (B) by striking ``person'' the second and third - place it appears and inserting ``individual''. - (6) In section 525(a)(1)(C)(ii), by striking ``person'' and + (1) In section 312(d), by striking ``persons'' and inserting + ``individuals''. + (2) In section 313(d)(2)(B), by striking ``person'' and + inserting ``individual''. + (3) In section 504-- + (A) in subsection (a)(19)(B), by striking ``a person'' and + inserting ``an individual''; and + (B) in subsection (c)(4), by striking ``seamen;'' and + inserting ``mariners;''. + (4) In section 521, by striking ``persons'' each place it + appears and inserting ``individuals''. + (5) In section 522-- + (A) by striking ``a person'' and inserting ``an + individual''; and + (B) by striking ``person'' the second and third place it + appears and inserting ``individual''. + (6) In section 525(a)(1)(C)(ii), by striking ``person'' and + inserting ``individual''. + (7) In section 526-- + (A) by striking ``person'' each place it appears and + inserting ``individual''; + (B) by striking ``persons'' each place it appears and + inserting ``individuals''; and + (C) in subsection (b), by striking ``person's'' and + inserting ``individual's''. + (8) In section 709-- + (A) by striking ``persons'' and inserting ``individuals''; + and + (B) by striking ``person'' and inserting ``individual''. + (9) In section 933(b), by striking ``Every person'' and + inserting ``An individual''. + (10) In section 1102(d), by striking ``persons'' and inserting + ``individuals''. + (11) In section 1902(b)(3)-- + (A) in subparagraph (A), by striking ``person or persons'' + and inserting ``individual or individuals''; and + (B) in subparagraph (B), by striking ``person'' and inserting ``individual''. - (7) In section 526-- - (A) by striking ``person'' each place it appears - and inserting ``individual''; - (B) by striking ``persons'' each place it appears - and inserting ``individuals''; and - (C) in subsection (b), by striking ``person's'' and - inserting ``individual's''. - (8) In section 709-- - (A) by striking ``persons'' and inserting - ``individuals''; and - (B) by striking ``person'' and inserting - ``individual''. - (9) In section 933(b), by striking ``Every person'' and - inserting ``An individual''. - (10) In section 1102(d), by striking ``persons'' and - inserting ``individuals''. - (11) In section 1902(b)(3)-- - (A) in subparagraph (A), by striking ``person or - persons'' and inserting ``individual or individuals''; - and - (B) in subparagraph (B), by striking ``person'' and - inserting ``individual''. - (12) In section 1941(b), by striking ``persons'' and + (12) In section 1941(b), by striking ``persons'' and inserting + ``individuals''. + (13) In section 2101(b), by striking ``person'' and inserting + ``individual''. + (14) In section 2102(c), by striking ``A person'' and inserting + ``An individual''. + (15) In section 2104(b)-- + (A) by striking ``persons'' and inserting ``individuals''; + and + (B) by striking ``A person'' and inserting ``An + individual''. + (16) In section 2118(d), by striking ``person'' and inserting + ``individual who is''. + (17) In section 2147(d), by striking ``a person'' and inserting + ``an individual''. + (18) In section 2150(f), by striking ``person'' and inserting + ``individual who is''. + (19) In section 2161(b), by striking ``person'' and inserting + ``individual''. + (20) In section 2317-- + (A) by striking ``persons'' and inserting ``individuals''; + (B) by striking ``person'' each place it appears and + inserting ``individual''; and + (C) in subsection (c)(2), by striking ``person's'' and + inserting ``individual's''. + (21) In section 2531-- + (A) by striking ``person'' each place it appears and + inserting ``individual''; and + (B) by striking ``persons'' each place it appears and inserting ``individuals''. - (13) In section 2101(b), by striking ``person'' and - inserting ``individual''. - (14) In section 2102(c), by striking ``A person'' and - inserting ``An individual''. - (15) In section 2104(b)-- - (A) by striking ``persons'' and inserting - ``individuals''; and - (B) by striking ``A person'' and inserting ``An - individual''. - (16) In section 2118(d), by striking ``person'' and - inserting ``individual who is''. - (17) In section 2147(d), by striking ``a person'' and - inserting ``an individual''. - (18) In section 2150(f), by striking ``person'' and - inserting ``individual who is''. - (19) In section 2161(b), by striking ``person'' and + (22) In section 2709, by striking ``persons'' and inserting + ``individuals''. + (23) In section 2710-- + (A) by striking ``persons'' and inserting ``individuals''; + and + (B) by striking ``person'' each place it appears and inserting ``individual''. - (20) In section 2317-- - (A) by striking ``persons'' and inserting - ``individuals''; - (B) by striking ``person'' each place it appears - and inserting ``individual''; and - (C) in subsection (c)(2), by striking ``person's'' - and inserting ``individual's''. - (21) In section 2531-- - (A) by striking ``person'' each place it appears - and inserting ``individual''; and - (B) by striking ``persons'' each place it appears - and inserting ``individuals''. - (22) In section 2709, by striking ``persons'' and inserting - ``individuals''. - (23) In section 2710-- - (A) by striking ``persons'' and inserting - ``individuals''; and - (B) by striking ``person'' each place it appears - and inserting ``individual''. - (24) In section 2711(b), by striking ``person'' and + (24) In section 2711(b), by striking ``person'' and inserting + ``individual''. + (25) In section 2732, by striking ``a person'' and inserting + ``an individual''. + (26) In section 2733-- + (A) by striking ``A person'' and inserting ``An + individual''; and + (B) by striking ``that person'' and inserting ``that + individual''. + (27) In section 2734, by striking ``person'' each place it + appears and inserting ``individual''. + (28) In section 2735, by striking ``a person'' and inserting + ``an individual''. + (29) In section 2736, by striking ``person'' and inserting + ``individual''. + (30) In section 2737, by striking ``a person'' and inserting + ``an individual''. + (31) In section 2738, by striking ``person'' and inserting + ``individual''. + (32) In section 2739, by striking ``person'' and inserting + ``individual''. + (33) In section 2740-- + (A) by striking ``person'' and inserting ``individual''; + and + (B) by striking ``one'' the second place it appears. + (34) In section 2741-- + (A) in subsection (a), by striking ``a person'' and + inserting ``an individual''; + (B) in subsection (b)(1), by striking ``person's'' and + inserting ``individual's''; and + (C) in subsection (b)(2), by striking ``person'' and inserting ``individual''. - (25) In section 2732, by striking ``a person'' and - inserting ``an individual''. - (26) In section 2733-- - (A) by striking ``A person'' and inserting ``An - individual''; and - (B) by striking ``that person'' and inserting - ``that individual''. - (27) In section 2734, by striking ``person'' each place it - appears and inserting ``individual''. - (28) In section 2735, by striking ``a person'' and - inserting ``an individual''. - (29) In section 2736, by striking ``person'' and inserting - ``individual''. - (30) In section 2737, by striking ``a person'' and - inserting ``an individual''. - (31) In section 2738, by striking ``person'' and inserting - ``individual''. - (32) In section 2739, by striking ``person'' and inserting - ``individual''. - (33) In section 2740-- - (A) by striking ``person'' and inserting - ``individual''; and - (B) by striking ``one'' the second place it - appears. - (34) In section 2741-- - (A) in subsection (a), by striking ``a person'' and - inserting ``an individual''; - (B) in subsection (b)(1), by striking ``person's'' - and inserting ``individual's''; and - (C) in subsection (b)(2), by striking ``person'' - and inserting ``individual''. - (35) In section 2743, by striking ``person'' each place it - appears and inserting ``individual''. - (36) In section 2744-- - (A) in subsection (b), by striking ``a person'' and - inserting ``an individual''; and - (B) in subsections (a) and (c), by striking - ``person'' each place it appears and inserting - ``individual''. - (37) In section 2745, by striking ``person'' and inserting - ``individual''. - (38)(A) In section 2761-- - (i) in the section heading, by striking ``Persons'' - and inserting ``Individuals''; - (ii) by striking ``persons'' and inserting - ``individuals''; and - (iii) by striking ``person'' and inserting - ``individual''. - (B) In the analysis for chapter 27, by striking the item - relating to section 2761 and inserting the following: + (35) In section 2743, by striking ``person'' each place it + appears and inserting ``individual''. + (36) In section 2744-- + (A) in subsection (b), by striking ``a person'' and + inserting ``an individual''; and + (B) in subsections (a) and (c), by striking ``person'' each + place it appears and inserting ``individual''. + (37) In section 2745, by striking ``person'' and inserting + ``individual''. + (38)(A) In section 2761-- + (i) in the section heading, by striking ``Persons'' and + inserting ``Individuals''; + (ii) by striking ``persons'' and inserting ``individuals''; + and + (iii) by striking ``person'' and inserting ``individual''. + (B) In the analysis for chapter 27, by striking the item + relating to section 2761 and inserting the following: ``2761. Individuals discharged as result of court-martial; allowances - to.''. - (39)(A) In the heading for section 2767, by striking - ``persons'' and inserting ``individuals''. - (B) In the analysis for chapter 27, by striking the item - relating to section 2767 and inserting the following: + to.''. + + (39)(A) In the heading for section 2767, by striking + ``persons'' and inserting ``individuals''. + (B) In the analysis for chapter 27, by striking the item + relating to section 2767 and inserting the following: ``2767. Reimbursement for medical-related travel expenses for certain - individuals residing on islands in the - continental United States.''. - (40) In section 2769-- - (A) by striking ``a person's'' and inserting ``an - individual's''; and - (B) in paragraph (1), by striking ``person'' and - inserting ``individual''. - (41) In section 2772(a)(2), by striking ``person'' and - inserting ``individual''. - (42) In section 2773-- - (A) in subsection (b), by striking ``persons'' each - place it appears and inserting ``individuals''; and - (B) in subsection (d), by striking ``a person'' and - inserting ``an individual''. - (43) In section 2775, by striking ``person'' each place it - appears and inserting ``individual''. - (44) In section 2776, by striking ``person'' and inserting + individuals residing on islands in the continental United + States.''. + + (40) In section 2769-- + (A) by striking ``a person's'' and inserting ``an + individual's''; and + (B) in paragraph (1), by striking ``person'' and inserting ``individual''. - (45)(A) In section 2777-- - (i) in the heading, by striking ``persons'' and - inserting ``individuals''; and - (ii) by striking ``persons'' each place it appears - and inserting ``individuals''. - (B) In the analysis for chapter 27, by striking the item - relating to section 2777 and inserting the following: + (41) In section 2772(a)(2), by striking ``person'' and + inserting ``individual''. + (42) In section 2773-- + (A) in subsection (b), by striking ``persons'' each place + it appears and inserting ``individuals''; and + (B) in subsection (d), by striking ``a person'' and + inserting ``an individual''. + (43) In section 2775, by striking ``person'' each place it + appears and inserting ``individual''. + (44) In section 2776, by striking ``person'' and inserting + ``individual''. + (45)(A) In section 2777-- + (i) in the heading, by striking ``persons'' and inserting + ``individuals''; and + (ii) by striking ``persons'' each place it appears and + inserting ``individuals''. + (B) In the analysis for chapter 27, by striking the item + relating to section 2777 and inserting the following: ``2777. Clothing for destitute shipwrecked individuals.''. - (46) In section 2779, by striking ``persons'' each place it - appears and inserting ``individuals''. - (47) In section 2902(c), by striking ``person'' and - inserting ``individual''. - (48) In section 2903(b), by striking ``person'' and - inserting ``individual''. - (49) In section 2904(b)(1)(B), by striking ``a person'' and + + (46) In section 2779, by striking ``persons'' each place it + appears and inserting ``individuals''. + (47) In section 2902(c), by striking ``person'' and inserting + ``individual''. + (48) In section 2903(b), by striking ``person'' and inserting + ``individual''. + (49) In section 2904(b)(1)(B), by striking ``a person'' and + inserting ``an individual''. + (50) In section 3706-- + (A) by striking ``a person'' and inserting ``an + individual''; and + (B) by striking ``person's'' and inserting + ``individual's''. + (51) In section 3707-- + (A) in subsection (c)-- + (i) by striking ``person'' and inserting + ``individual''; and + (ii) by striking ``person's'' and inserting + ``individual's''; and + (B) in subsection (e), by striking ``a person'' and inserting ``an individual''. - (50) In section 3706-- - (A) by striking ``a person'' and inserting ``an - individual''; and - (B) by striking ``person's'' and inserting - ``individual's''. - (51) In section 3707-- - (A) in subsection (c)-- - (i) by striking ``person'' and inserting - ``individual''; and - (ii) by striking ``person's'' and inserting - ``individual's''; and - (B) in subsection (e), by striking ``a person'' and - inserting ``an individual''. - (52) In section 3708, by striking ``person'' each place it - appears and inserting ``individual''. - (53) In section 3738-- - (A) by striking ``a person'' each place it appears - and inserting ``an individual''; - (B) by striking ``person's'' and inserting - ``individual's''; and - (C) by striking ``A person'' and inserting ``An - individual''. + (52) In section 3708, by striking ``person'' each place it + appears and inserting ``individual''. + (53) In section 3738-- + (A) by striking ``a person'' each place it appears and + inserting ``an individual''; + (B) by striking ``person's'' and inserting + ``individual's''; and + (C) by striking ``A person'' and inserting ``An + individual''. (b) Correction of References to Persons and Seamen.-- - (1) Section 2303a(a) of title 46, United States Code, is - amended by striking ``persons'' and inserting ``individuals''. - (2) Section 2306(a)(3) of title 46, United States Code, is - amended to read as follows: + (1) Section 2303a(a) of title 46, United States Code, is + amended by striking ``persons'' and inserting ``individuals''. + (2) Section 2306(a)(3) of title 46, United States Code, is + amended to read as follows: ``(3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall-- - ``(A) provide the name and identification number of the - vessel, the names of individuals on board, and other - information that may be requested by the Coast Guard; and - ``(B) submit written confirmation to the Coast Guard within - 24 hours after nonwritten notification to the Coast Guard under - such paragraphs.''. - (3) Section 7303 of title 46, United States Code, is - amended by striking ``seaman'' each place it appears and - inserting ``individual''. - (4) Section 7319 of title 46, United States Code, is - amended by striking ``seaman'' each place it appears and - inserting ``individual''. - (5) Section 7501(b) of title 46, United States Code, is - amended by striking ``seaman'' and inserting ``holder''. - (6) Section 7508(b) of title 46, United States Code, is - amended by striking ``individual seamen or a specifically - identified group of seamen'' and inserting ``an individual or a - specifically identified group of individuals''. - (7) Section 7510 of title 46, United States Code, is - amended-- - (A) in subsection (c)(8)(B), by striking ``merchant - seamen'' and inserting ``merchant mariner''; and - (B) in subsection (d), by striking ``merchant - seaman'' and inserting ``merchant mariner''. - (8) Section 8103(k)(3)(C) of title 46, United States Code, - is amended by striking ``merchant mariners'' each place it - appears and inserting ``merchant mariner's''. - (9) Section 8104 of title 46, United States Code, is - amended-- - (A) in subsection (c), by striking ``a licensed - individual or seaman'' and inserting ``an individual''; - (B) in subsection (d), by striking ``A licensed - individual or seaman'' and inserting ``An individual''; - (C) in subsection (e), by striking ``a seaman'' - each place it appears and inserting ``an individual''; - and - (D) in subsection (j), by striking ``seaman'' and - inserting ``individual''. - (10) Section 8302(d) of title 46, United States Code, is - amended by striking ``3 persons'' and inserting ``3 - individuals''. - (11) Section 11201 of title 46, United States Code, is - amended by striking ``a person'' each place it appears and - inserting ``an individual''. - (12) Section 11202 of title 46, United States Code, is - amended-- - (A) by striking ``a person'' and inserting ``an - individual''; and - (B) by striking ``the person'' each place it - appears and inserting ``the individual''. - (13) Section 11203 of title 46, United States Code, is - amended-- - (A) by striking ``a person'' each place it appears - and inserting ``an individual''; and - (B) in subsection (a)(2), by striking ``that - person'' and inserting ``that individual''. - (14) Section 15109(i)(2) of title 46, United States Code, - is amended by striking ``additional persons'' and inserting - ``additional individuals''. - -SEC. 12006. REFERENCES TO ``HIMSELF'' AND ``HIS''. - + ``(A) provide the name and identification number of the vessel, + the names of individuals on board, and other information that may + be requested by the Coast Guard; and + ``(B) submit written confirmation to the Coast Guard within 24 + hours after nonwritten notification to the Coast Guard under such + paragraphs.''. + (3) Section 7303 of title 46, United States Code, is amended by + striking ``seaman'' each place it appears and inserting + ``individual''. + (4) Section 7319 of title 46, United States Code, is amended by + striking ``seaman'' each place it appears and inserting + ``individual''. + (5) Section 7501(b) of title 46, United States Code, is amended + by striking ``seaman'' and inserting ``holder''. + (6) Section 7508(b) of title 46, United States Code, is amended + by striking ``individual seamen or a specifically identified group + of seamen'' and inserting ``an individual or a specifically + identified group of individuals''. + (7) Section 7510 of title 46, United States Code, is amended-- + (A) in subsection (c)(8)(B), by striking ``merchant + seamen'' and inserting ``merchant mariner''; and + (B) in subsection (d), by striking ``merchant seaman'' and + inserting ``merchant mariner''. + (8) Section 8103(k)(3)(C) of title 46, United States Code, is + amended by striking ``merchant mariners'' each place it appears and + inserting ``merchant mariner's''. + (9) Section 8104 of title 46, United States Code, is amended-- + (A) in subsection (c), by striking ``a licensed individual + or seaman'' and inserting ``an individual''; + (B) in subsection (d), by striking ``A licensed individual + or seaman'' and inserting ``An individual''; + (C) in subsection (e), by striking ``a seaman'' each place + it appears and inserting ``an individual''; and + (D) in subsection (j), by striking ``seaman'' and inserting + ``individual''. + (10) Section 8302(d) of title 46, United States Code, is + amended by striking ``3 persons'' and inserting ``3 individuals''. + (11) Section 11201 of title 46, United States Code, is amended + by striking ``a person'' each place it appears and inserting ``an + individual''. + (12) Section 11202 of title 46, United States Code, is + amended-- + (A) by striking ``a person'' and inserting ``an + individual''; and + (B) by striking ``the person'' each place it appears and + inserting ``the individual''. + (13) Section 11203 of title 46, United States Code, is + amended-- + (A) by striking ``a person'' each place it appears and + inserting ``an individual''; and + (B) in subsection (a)(2), by striking ``that person'' and + inserting ``that individual''. + (14) Section 15109(i)(2) of title 46, United States Code, is + amended by striking ``additional persons'' and inserting + ``additional individuals''. +SEC. 8506. REFERENCES TO ``HIMSELF'' AND ``HIS''. (a) Section 1927 of title 14, United States Code, is amended by-- - (1) striking ``of his initial'' and inserting ``of an - initial''; and - (2) striking ``from his pay'' and inserting ``from the pay - of such cadet''. + (1) striking ``of his initial'' and inserting ``of an + initial''; and + (2) striking ``from his pay'' and inserting ``from the pay of + such cadet''. (b) Section 2108(b) of title 14, United States Code, is amended by striking ``himself'' and inserting ``such officer''. (c) Section 2732 of title 14, United States Code, as amended by this division, is further amended-- - (1) by striking ``distinguishes himself conspicuously by'' - and inserting ``displays conspicuous''; and - (2) by striking ``his'' and inserting ``such - individual's''. + (1) by striking ``distinguishes himself conspicuously by'' and + inserting ``displays conspicuous''; and + (2) by striking ``his'' and inserting ``such individual's''. (d) Section 2736 of title 14, United States Code, as amended by this division, is further amended by striking ``distinguishes himself by'' and inserting ``performs''. @@ -71992,95 +77120,89 @@ striking ``he distinguished himself'' and inserting ``of the acts resulting in the consideration of such award''. (h) Section 2743 of title 14, United States Code, as amended by this division, is further amended-- - (1) by striking ``distinguishes himself''; and - (2) by striking ``he'' and inserting ``such individual''. - -SEC. 12007. MISCELLANEOUS TECHNICAL CORRECTIONS. - + (1) by striking ``distinguishes himself''; and + (2) by striking ``he'' and inserting ``such individual''. +SEC. 8507. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Miscellaneous Technical Corrections.-- - (1) Section 3305(d)(3)(B) of title 46, United States Code, - is amended by striking ``Coast Guard Authorization Act of - 2017'' and inserting ``Frank LoBiondo Coast Guard Authorization - Act of 2018''. - (2) Section 4312 of title 46, United States Code, is - amended by striking ``Coast Guard Authorization Act of 2017'' - each place it appears and inserting ``Frank LoBiondo Coast - Guard Authorization Act of 2018 (Public Law 115-282)''. - (3) The analysis for chapter 700 of title 46, United States - Code, is amended-- - (A) by striking the item relating to the heading - for the first subchapter and inserting the following: + (1) Section 3305(d)(3)(B) of title 46, United States Code, is + amended by striking ``Coast Guard Authorization Act of 2017'' and + inserting ``Frank LoBiondo Coast Guard Authorization Act of 2018''. + (2) Section 4312 of title 46, United States Code, is amended by + striking ``Coast Guard Authorization Act of 2017'' each place it + appears and inserting ``Frank LoBiondo Coast Guard Authorization + Act of 2018 (Public Law 115-282)''. + (3) The analysis for chapter 700 of title 46, United States + Code, is amended-- + (A) by striking the item relating to the heading for the + first subchapter and inserting the following: - ``subchapter i--vessel operations''; + ``subchapter i--vessel operations''; - (B) by striking the item relating to the heading - for the second subchapter and inserting the following: + (B) by striking the item relating to the heading for the + second subchapter and inserting the following: - ``subchapter ii--ports and waterways safety''; + ``subchapter ii--ports and waterways safety''; - (C) by striking the item relating to the heading - for the third subchapter and the item relating to - section 70021 of such chapter and inserting the - following: + (C) by striking the item relating to the heading for the + third subchapter and the item relating to section 70021 of such + chapter and inserting the following: - ``subchapter iii--conditions for entry into ports in the united states + ``subchapter iii--conditions for entry into ports in the united states ``70021. Conditions for entry into ports in the United States.''; - (D) by striking the item relating to the heading - for the fourth subchapter and inserting the following: + + (D) by striking the item relating to the heading for the + fourth subchapter and inserting the following: ``subchapter iv--definitions regulations, enforcement, investigatory powers, applicability''; - (E) by striking the item relating to the heading - for the fifth subchapter and inserting the following: + (E) by striking the item relating to the heading for the + fifth subchapter and inserting the following: - ``subchapter v--regattas and marine parades''; + ``subchapter v--regattas and marine parades''; - and - (F) by striking the item relating to the heading - for the sixth subchapter and inserting the following: + and + (F) by striking the item relating to the heading for the + sixth subchapter and inserting the following: - ``subchapter vi--regulation of vessels in territorial waters of the + ``subchapter vi--regulation of vessels in territorial waters of the united states''. - (4) Section 70031 of title 46, United States Code, is - amended by striking ``A through C'' and inserting ``I through - III''. - (5) Section 70032 of title 46, United States Code, is - amended by striking ``A through C'' and inserting ``I through - III''. - (6) Section 70033 of title 46, United States Code, is - amended by striking ``A through C'' and inserting ``I through - III''. - (7) Section 70034 of title 46, United States Code, is - amended by striking ``A through C'' each place it appears and - inserting ``I through III''. - (8) Section 70035(a) of title 46, United States Code, is - amended by striking ``A through C'' and inserting ``I through - III''. - (9) Section 70036 of title 46, United States Code, is - amended by-- - (A) striking ``A through C'' each place it appears - and inserting ``I through III''; and - (B) striking ``A, B, or C'' each place it appears - and inserting ``I, II, or III''. - (10) Section 70051 of title 46, United States Code, is - amended-- - (A) by striking ``immediate Federal response,'' and - all that follows through ``subject to the approval'' - and inserting ``immediate Federal response, the - Secretary of the department in which the Coast Guard is - operating may make, subject to the approval''; and - (B) by striking ``authority to issue such rules'' - and all that follows through ``Any appropriation'' and - inserting ``authority to issue such rules and - regulations to the Secretary of the department in which - the Coast Guard is operating. Any appropriation''. - (11) Section 70052(e) of title 46, United States Code, is - amended by striking ``Secretary'' and inserting ``Secretary of - the department in which the Coast Guard is operating'' each - place it appears. + (4) Section 70031 of title 46, United States Code, is amended + by striking ``A through C'' and inserting ``I through III''. + (5) Section 70032 of title 46, United States Code, is amended + by striking ``A through C'' and inserting ``I through III''. + (6) Section 70033 of title 46, United States Code, is amended + by striking ``A through C'' and inserting ``I through III''. + (7) Section 70034 of title 46, United States Code, is amended + by striking ``A through C'' each place it appears and inserting ``I + through III''. + (8) Section 70035(a) of title 46, United States Code, is + amended by striking ``A through C'' and inserting ``I through + III''. + (9) Section 70036 of title 46, United States Code, is amended + by-- + (A) striking ``A through C'' each place it appears and + inserting ``I through III''; and + (B) striking ``A, B, or C'' each place it appears and + inserting ``I, II, or III''. + (10) Section 70051 of title 46, United States Code, is + amended-- + (A) by striking ``immediate Federal response,'' and all + that follows through ``subject to the approval'' and inserting + ``immediate Federal response, the Secretary of the department + in which the Coast Guard is operating may make, subject to the + approval''; and + (B) by striking ``authority to issue such rules'' and all + that follows through ``Any appropriation'' and inserting + ``authority to issue such rules and regulations to the + Secretary of the department in which the Coast Guard is + operating. Any appropriation''. + (11) Section 70052(e) of title 46, United States Code, is + amended by striking ``Secretary'' and inserting ``Secretary of the + department in which the Coast Guard is operating'' each place it + appears. (b) Alteration of Bridges; Technical Changes.--The Act of June 21, 1940 (33 U.S.C. 511 et seq.), popularly known as the Truman-Hobbs Act, is amended by striking section 12 (33 U.S.C. 522). @@ -72090,118 +77212,105 @@ Public Law 106-562) is amended by striking ``subsection (a),'' and inserting ``paragraph (1),''. (d) Technical Corrections to Frank LoBiondo Coast Guard Authorization Act of 2018.-- - (1) Section 408 of the Frank LoBiondo Coast Guard - Authorization Act of 2018 (Public Law 115-282) and the item - relating to such section in section 2 of such Act are repealed, - and the provisions of law redesignated, transferred, or - otherwise amended by section 408 are amended to read as if such - section were not enacted. - (2) Section 514(b) of the Frank LoBiondo Coast Guard - Authorization Act of 2018 (Public Law 115-282) is amended by - striking ``Chapter 30'' and inserting ``Chapter 3''. - (3) Section 810(d) of the Frank LoBiondo Coast Guard - Authorization Act of 2018 (Public Law 115-282) is amended by - striking ``within 30 days after receiving the notice under - subsection (a)(1), the Secretary shall, by not later than 60 - days after transmitting such notice,'' and inserting ``in - accordance within subsection (a)(2), the Secretary shall''. - (4) Section 820(a) of the Frank LoBiondo Coast Guard - Authorization Act of 2018 (Public Law 115-282) is amended by - striking ``years 2018 and'' and inserting ``year''. - (5) Section 820(b)(2) of the Frank LoBiondo Coast Guard - Authorization Act of 2018 (Public Law 115-282) is amended by - inserting ``and the Consolidated Appropriations Act, 2018 - (Public Law 115-141)'' after ``(Public Law 115-31)''. - (6) Section 821(a)(2) of the Frank LoBiondo Coast Guard - Authorization Act of 2018 (Public Law 115-282) is amended by - striking ``Coast Guard Authorization Act of 2017'' and - inserting ``Frank LoBiondo Coast Guard Authorization Act of - 2018''. - (7) This section shall take effect on the date of the - enactment of the Frank LoBiondo Coast Guard Authorization Act - of 2018 (Public Law 115-282) and apply as if included therein. + (1) Section 408 of the Frank LoBiondo Coast Guard Authorization + Act of 2018 (Public Law 115-282) and the item relating to such + section in section 2 of such Act are repealed, and the provisions + of law redesignated, transferred, or otherwise amended by section + 408 are amended to read as if such section were not enacted. + (2) Section 514(b) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + striking ``Chapter 30'' and inserting ``Chapter 3''. + (3) Section 810(d) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + striking ``within 30 days after receiving the notice under + subsection (a)(1), the Secretary shall, by not later than 60 days + after transmitting such notice,'' and inserting ``in accordance + within subsection (a)(2), the Secretary shall''. + (4) Section 820(a) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + striking ``years 2018 and'' and inserting ``year''. + (5) Section 820(b)(2) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + inserting ``and the Consolidated Appropriations Act, 2018 (Public + Law 115-141)'' after ``(Public Law 115-31)''. + (6) Section 821(a)(2) of the Frank LoBiondo Coast Guard + Authorization Act of 2018 (Public Law 115-282) is amended by + striking ``Coast Guard Authorization Act of 2017'' and inserting + ``Frank LoBiondo Coast Guard Authorization Act of 2018''. + (7) This section shall take effect on the date of the enactment + of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public + Law 115-282) and apply as if included therein. (e) Technical Correction.--Section 533(d)(2)(A) of the Coast Guard Authorization Act of 2016 (Public Law 114-120) is amended by striking ``Tract 6'' and inserting ``such Tract''. (f) Distant Water Tuna Fleet; Technical Corrections.--Section 421 of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109-241) is amended-- - (1) in subsection (a)-- - (A) by striking ``Notwithstanding'' and inserting - the following: - ``(1) In general.--Notwithstanding''; and - (B) by adding at the end the following: - ``(2) Definition.--In this subsection, the term `treaty - area' has the meaning given the term in the Treaty on Fisheries - Between the Governments of Certain Pacific Island States and - the Government of the United States of America as in effect on - the date of the enactment of the Coast Guard and Maritime - Transportation Act of 2006 (Public Law 109-241).''; and - (2) in subsection (c)-- - (A) by striking ``12.6 or 12.7'' and inserting - ``13.6''; and - (B) by striking ``and Maritime Transportation Act - of 2012'' and inserting ``Authorization Act of 2020''. - -SEC. 12008. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND - WATERWAYS SAFETY ACT. - + (1) in subsection (a)-- + (A) by striking ``Notwithstanding'' and inserting the + following: + ``(1) In general.--Notwithstanding''; and + (B) by adding at the end the following: + ``(2) Definition.--In this subsection, the term `treaty area' + has the meaning given the term in the Treaty on Fisheries Between + the Governments of Certain Pacific Island States and the Government + of the United States of America as in effect on the date of the + enactment of the Coast Guard and Maritime Transportation Act of + 2006 (Public Law 109-241).''; and + (2) in subsection (c)-- + (A) by striking ``12.6 or 12.7'' and inserting ``13.6''; + and + (B) by striking ``and Maritime Transportation Act of 2012'' + and inserting ``Authorization Act of 2020''. +SEC. 8508. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND +WATERWAYS SAFETY ACT. Effective upon the enactment of section 401 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282), and notwithstanding section 402(e) of such Act-- - (1) section 16 of the Ports and Waterways Safety Act, as - added by section 315 of the Countering America's Adversaries - Through Sanctions Act (Public Law 115-44; 131 Stat. 947)-- - (A) is redesignated as section 70022 of title 46, - United States Code, transferred to appear after section - 70021 of that title, and amended so that the - enumerator, section heading, typeface, and typestyle - conform to those appearing in other sections in title - 46, United States Code; and - (B) as so redesignated and transferred, is - amended-- - (i) in subsections (b) and (e), by striking - ``section 4(a)(5)'' each place it appears and - inserting ``section 70001(a)(5)''; - (ii) in subsection (c)(2), by striking - ``not later than'' and all that follows through - ``thereafter,'' and inserting ``periodically''; - and - (iii) by striking subsection (h); and - (2) chapter 700 of title 46, United States Code, is - amended-- - (A) in section 70002(2), by inserting ``or 70022'' - after ``section 70021''; - (B) in section 70036(e), by inserting ``or 70022'' - after ``section 70021''; and - (C) in the analysis for such chapter-- - (i) by inserting ``Sec.'' above the section - items, in accordance with the style and form of - such an entry in other chapter analyses of such - title; and - (ii) by adding at the end the following: + (1) section 16 of the Ports and Waterways Safety Act, as added + by section 315 of the Countering America's Adversaries Through + Sanctions Act (Public Law 115-44; 131 Stat. 947)-- + (A) is redesignated as section 70022 of title 46, United + States Code, transferred to appear after section 70021 of that + title, and amended so that the enumerator, section heading, + typeface, and typestyle conform to those appearing in other + sections in title 46, United States Code; and + (B) as so redesignated and transferred, is amended-- + (i) in subsections (b) and (e), by striking ``section + 4(a)(5)'' each place it appears and inserting ``section + 70001(a)(5)''; + (ii) in subsection (c)(2), by striking ``not later + than'' and all that follows through ``thereafter,'' and + inserting ``periodically''; and + (iii) by striking subsection (h); and + (2) chapter 700 of title 46, United States Code, is amended-- + (A) in section 70002(2), by inserting ``or 70022'' after + ``section 70021''; + (B) in section 70036(e), by inserting ``or 70022'' after + ``section 70021''; and + (C) in the analysis for such chapter-- + (i) by inserting ``Sec.'' above the section items, in + accordance with the style and form of such an entry in + other chapter analyses of such title; and + (ii) by adding at the end the following: ``70022. Prohibition on entry and operation.''. - -SEC. 12009. AIDS TO NAVIGATION. - +SEC. 8509. AIDS TO NAVIGATION. (a) Section 541 of title 14, United States Code, is amended-- - (1) by striking ``In'' and inserting ``(a) In''; and - (2) by adding at the end the following: + (1) by striking ``In'' and inserting ``(a) In''; and + (2) by adding at the end the following: ``(b) In the case of pierhead beacons, the Commandant may-- - ``(1) acquire, by donation or purchase in behalf of the - United States, the right to use and occupy sites for pierhead - beacons; and - ``(2) properly mark all pierheads belonging to the United - States situated on the northern and northwestern lakes, - whenever the Commandant is duly notified by the department - charged with the construction or repair of pierheads that the - construction or repair of any such pierheads has been - completed.''. + ``(1) acquire, by donation or purchase in behalf of the United + States, the right to use and occupy sites for pierhead beacons; and + ``(2) properly mark all pierheads belonging to the United + States situated on the northern and northwestern lakes, whenever + the Commandant is duly notified by the department charged with the + construction or repair of pierheads that the construction or repair + of any such pierheads has been completed.''. (b) Subchapter III of chapter 5 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 548. Prohibition against officers and employees being interested - in contracts for materials + in contracts for materials ``No officer, enlisted member, or civilian member of the Coast Guard in any manner connected with the construction, operation, or maintenance of lighthouses, shall be interested, either directly or @@ -72211,7 +77320,7 @@ patent, plan, or mode of construction or illumination, or in any article of supply for the construction, operation, or maintenance of lighthouses. ``Sec. 549. Lighthouse and other sites; necessity and sufficiency of - cession by State of jurisdiction + cession by State of jurisdiction ``(a) No lighthouse, beacon, public pier, or landmark, shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States. @@ -72235,13 +77344,11 @@ United States Code, is amended by inserting after the item relating to section 547 the following: ``548. Prohibition against officers and employees being interested in - contracts for materials. + contracts for materials. ``549. Lighthouse and other sites; necessity and sufficiency of cession - by State of jurisdiction. + by State of jurisdiction. ``550. Marking pierheads in certain lakes.''. - -SEC. 12010. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE. - +SEC. 8510. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE. (a) Section 6 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 763) is repealed. (b) Chapter 25 of title 14, United States Code, is amended by @@ -72250,54 +77357,52 @@ inserting after section 2531 the following: ``(a) Optional Retirement.--Except as provided in subsections (d) and (e), a covered employee may retire from further performance of duty if such officer or employee-- - ``(1) has completed 30 years of active service in the - Government and is at least 55 years of age; - ``(2) has completed 25 years of active service in the - Government and is at least 62 years of age; or - ``(3) is involuntarily separated from further performance - of duty, except by removal for cause on charges of misconduct - or delinquency, after completing 25 years of active service in - the Government, or after completing 20 years of such service - and if such employee is at least 50 years of age. + ``(1) has completed 30 years of active service in the + Government and is at least 55 years of age; + ``(2) has completed 25 years of active service in the + Government and is at least 62 years of age; or + ``(3) is involuntarily separated from further performance of + duty, except by removal for cause on charges of misconduct or + delinquency, after completing 25 years of active service in the + Government, or after completing 20 years of such service and if + such employee is at least 50 years of age. ``(b) Compulsory Retirement.--A covered employee who becomes 70 years of age shall be compulsorily retired from further performance of duty. ``(c) Retirement for Disability.-- - ``(1) In general.--A covered employee who has completed 15 - years of active service in the Government and is found, after - examination by a medical officer of the United States, to be - disabled for useful and efficient service by reason of disease - or injury not due to vicious habits, intemperance, or willful - misconduct of such officer or employee, shall be retired. - ``(2) Restoration to active duty.--Any individual retired - under paragraph (1) may, upon recovery, be restored to active - duty, and shall from time to time, before reaching the age at - which such individual may retire under subsection (a), be - reexamined by a medical officer of the United States upon the - request of the Secretary of the department in which the Coast - Guard is operating. + ``(1) In general.--A covered employee who has completed 15 + years of active service in the Government and is found, after + examination by a medical officer of the United States, to be + disabled for useful and efficient service by reason of disease or + injury not due to vicious habits, intemperance, or willful + misconduct of such officer or employee, shall be retired. + ``(2) Restoration to active duty.--Any individual retired under + paragraph (1) may, upon recovery, be restored to active duty, and + shall from time to time, before reaching the age at which such + individual may retire under subsection (a), be reexamined by a + medical officer of the United States upon the request of the + Secretary of the department in which the Coast Guard is operating. ``(d) Annual Compensation.-- - ``(1) In general.--Except as provided in paragraph (2), The - annual compensation of a person retired under this section - shall be a sum equal to one-fortieth of the average annual pay - received for the last 3 years of service for each year of - active service in the Lighthouse Service, or in a department or - branch of the Government having a retirement system, not to - exceed thirty-fortieths of such average annual pay received. - ``(2) Retirement before 55.--The retirement pay computed - under paragraph (1) for any officer or employee retiring under - this section shall be reduced by one-sixth of 1 percent for - each full month the officer or employee is under 55 years of - age at the date of retirement. - ``(3) No allowance or subsistence.--Retirement pay under - this section shall not include any amount on account of - subsistence or other allowance. + ``(1) In general.--Except as provided in paragraph (2), The + annual compensation of a person retired under this section shall be + a sum equal to one-fortieth of the average annual pay received for + the last 3 years of service for each year of active service in the + Lighthouse Service, or in a department or branch of the Government + having a retirement system, not to exceed thirty-fortieths of such + average annual pay received. + ``(2) Retirement before 55.--The retirement pay computed under + paragraph (1) for any officer or employee retiring under this + section shall be reduced by one-sixth of 1 percent for each full + month the officer or employee is under 55 years of age at the date + of retirement. + ``(3) No allowance or subsistence.--Retirement pay under this + section shall not include any amount on account of subsistence or + other allowance. ``(e) Exception.--The retirement and pay provision in this section shall not apply to-- - ``(1) any person in the field service of the Lighthouse - Service whose duties do not require substantially all their - time; or - ``(2) persons of the Coast Guard. + ``(1) any person in the field service of the Lighthouse Service + whose duties do not require substantially all their time; or + ``(2) persons of the Coast Guard. ``(f) Waiver.--Any person entitled to retirement pay under this section may decline to accept all or any part of such retirement pay by a waiver signed and filed with the Secretary of the Treasury. Such @@ -72313,10 +77418,8 @@ United States Code, is amended by inserting after the item relating to section 2531 the following: ``2532. Retirement of employees.''. - -SEC. 12011. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE - SERVICE EMPLOYEES. - +SEC. 8511. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE +EMPLOYEES. (a) Benefit to Surviving Spouses.--Chapter 25 of title 14, United States Code, is further amended by inserting after section 2532 (as added by this division) the following: @@ -72325,11100 +77428,5895 @@ added by this division) the following: operating shall pay $100 per month to the surviving spouse of a current or former employee of the Lighthouse Service in accordance with section 2532 if such employee dies-- - ``(1) at a time when such employee was receiving or was - entitled to receive retirement pay under this subchapter; or - ``(2) from non-service-connected causes after fifteen or - more years of employment in such service.''. + ``(1) at a time when such employee was receiving or was + entitled to receive retirement pay under this subchapter; or + ``(2) from non-service-connected causes after fifteen or more + years of employment in such service.''. (b) Transfers Related to Surviving Spouses of Lighthouse Service Employees.-- - (1) Chapter 25 of title 14, United States Code, is amended - by inserting after section 2533 (as added by this division) the - following: + (1) Chapter 25 of title 14, United States Code, is amended by + inserting after section 2533 (as added by this division) the + following: ``Sec. 2534. Application for benefits''. - (2)(A) Section 3 of chapter 761 of the Act of August 19, - 1950 (33 U.S.C. 773), is redesignated as section 2534(a) of - title 14, United States Code, transferred to appear after the - heading of section 2534 of that title, and amended so that the - enumerator, section heading, typeface, and typestyle conform to - those appearing in other sections in title 14, United States - Code. - (B) Section 2534(a), as so redesignated, transferred, and - amended is further amended by striking ``this Act'' and - inserting ``section 2533''. - (3)(A) Section 4 of chapter 761 of the Act of August 19, - 1950 (33 U.S.C. 774), is redesignated as section 2534(b) of - title 14, United States Code, transferred to appear after - section 2534(a) of that title, and amended so that the - enumerator, section heading, typeface, and typestyle conform to - those appearing in other sections in title 14, United States - Code. - (B) Section 2534(b), as so redesignated, transferred, and - amended is further amended by striking ``the provisions of this - Act'' and inserting ``section 2533''. - (4)(A) The proviso under the heading ``Payment to Civil - Service Retirement and Disability Fund'' of title V of division - C of Public Law 112-74 (33 U.S.C. 776) is redesignated as - section 2534(c) of title 14, United States Code, transferred to - appear after section 2534(b) of that title, and amended so that - the enumerator, section heading, typeface, and typestyle - conform to those appearing in other sections in title 14, - United States Code. - (B) Section 2534(c), as so redesignated, transferred, and - amended is further amended by striking ``the Act of May 29, - 1944, and the Act of August 19, 1950 (33 U.S.C. 771-775),'' and - inserting ``section 2533''. + (2)(A) Section 3 of chapter 761 of the Act of August 19, 1950 + (33 U.S.C. 773), is redesignated as section 2534(a) of title 14, + United States Code, transferred to appear after the heading of + section 2534 of that title, and amended so that the enumerator, + section heading, typeface, and typestyle conform to those appearing + in other sections in title 14, United States Code. + (B) Section 2534(a), as so redesignated, transferred, and + amended is further amended by striking ``this Act'' and inserting + ``section 2533''. + (3)(A) Section 4 of chapter 761 of the Act of August 19, 1950 + (33 U.S.C. 774), is redesignated as section 2534(b) of title 14, + United States Code, transferred to appear after section 2534(a) of + that title, and amended so that the enumerator, section heading, + typeface, and typestyle conform to those appearing in other + sections in title 14, United States Code. + (B) Section 2534(b), as so redesignated, transferred, and + amended is further amended by striking ``the provisions of this + Act'' and inserting ``section 2533''. + (4)(A) The proviso under the heading ``Payment to Civil Service + Retirement and Disability Fund'' of title V of division C of Public + Law 112-74 (33 U.S.C. 776) is redesignated as section 2534(c) of + title 14, United States Code, transferred to appear after section + 2534(b) of that title, and amended so that the enumerator, section + heading, typeface, and typestyle conform to those appearing in + other sections in title 14, United States Code. + (B) Section 2534(c), as so redesignated, transferred, and + amended is further amended by striking ``the Act of May 29, 1944, + and the Act of August 19, 1950 (33 U.S.C. 771-775),'' and inserting + ``section 2533''. (c) Clerical Amendment.--The analysis for chapter 25 of title 14, -United States Code, is further amended by inserting after the item -relating to section 2532 (as added by this division) the following: - -``2533. Surviving spouses. -``2534. Application for benefits.''. - -SEC. 12012. REPEALS RELATED TO LIGHTHOUSE STATUTES. - - (a) In General.--The following provisions are repealed: - (1) Section 4680 of the Revised Statutes of the United - States (33 U.S.C. 725). - (2) Section 4661 of the Revised Statutes of the United - States (33 U.S.C. 727). - (3) Section 4662 of the Revised Statutes of the United - States (33 U.S.C. 728). - (4) The final paragraph in the account ``For Life-Saving - and Life-Boat Stations'' under the heading Treasury Department - in the first section of chapter 130 of the Act of March 3, 1875 - (33 U.S.C. 730a). - (5) Section 11 of chapter 301 of the Act of June 17, 1910 - (33 U.S.C. 743). - (6) The first section of chapter 215 of the Act of May 13, - 1938 (33 U.S.C. 745a). - (7) The first section of chapter 313 of the Act of February - 25, 1929 (33 U.S.C. 747b). - (8) Section 2 of chapter 103 of the Act of June 20, 1918 - (33 U.S.C. 748). - (9) Section 4 of chapter 371 of the Act of May 22, 1926 (33 - U.S.C. 754a). - (10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C. - 763a-1). - (11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C. - 763-1). - (12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763- - 2). - (13) The last 2 provisos under the heading Lighthouse - Service, under the heading Department of Commerce, in the first - section of chapter 161 of the Act of March 4, 1921 (41 Stat. - 1417, formerly 33 U.S.C. 764). - (14) Section 3 of chapter 215 of the Act of May 13, 1938 - (33 U.S.C. 770). - (15) The first section and section 2 of chapter 761 of the - Act of August 19, 1950 (33 U.S.C. 771 and 772). - (b) Savings.-- - (1) Notwithstanding any repeals made by this section, any - individual beneficiary currently receiving payments under the - authority of any provisions repealed in this section shall - continue to receive such benefits. - (2) Notwithstanding the repeals made under paragraphs (10) - and (11) of subsection (a), any pay increases made under - chapter 788 of the Act of October 29, 1949, and chapter 524 of - the Act of July 9, 1956, as in effect prior to their repeal - shall remain in effect. - - TITLE VI--FEDERAL MARITIME COMMISSION - -SEC. 13001. SHORT TITLE. - - This title may be cited as the ``Federal Maritime Commission -Authorization Act of 2020''. - -SEC. 13002. AUTHORIZATION OF APPROPRIATIONS. - - Section 308 of title 46, United States Code, is amended by striking -``$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year -2019'' and inserting ``$29,086,888 for fiscal year 2020 and $29,639,538 -for fiscal year 2021''. - -SEC. 13003. UNFINISHED PROCEEDINGS. - - Section 305 of title 46, United States Code, is amended-- - (1) by striking ``The Federal'' and inserting ``(a) In - General.--The Federal''; and - (2) by adding at the end the following: - ``(b) Transparency.-- - ``(1) In general.--In conjunction with the transmittal by - the President to the Congress of the Budget of the United - States for fiscal year 2021 and biennially thereafter, the - Federal Maritime Commission shall submit to the Committee on - Commerce, Science, and Transportation of the Senate and the - Committee on Transportation and Infrastructure of the House of - Representatives reports that describe the Commission's progress - toward addressing the issues raised in each unfinished - regulatory proceeding, regardless of whether the proceeding is - subject to a statutory or regulatory deadline. - ``(2) Format of reports.--Each report under paragraph (1) - shall, among other things, clearly identify for each unfinished - regulatory proceeding-- - ``(A) the popular title; - ``(B) the current stage of the proceeding; - ``(C) an abstract of the proceeding; - ``(D) what prompted the action in question; - ``(E) any applicable statutory, regulatory, or - judicial deadline; - ``(F) the associated docket number; - ``(G) the date the rulemaking was initiated; - ``(H) a date for the next action; and - ``(I) if a date for the next action identified in - the previous report is not met, the reason for the - delay.''. - -SEC. 13004. TRANSFER OF FEDERAL MARITIME COMMISSION PROVISIONS. - - (a) Transfer.-- - (1) Subtitle IV of title 46, United States Code, is amended - by adding at the end the following: - - ``PART D--FEDERAL MARITIME COMMISSION - - ``CHAPTER 461--FEDERAL MARITIME COMMISSION''. - - (2) Chapter 3 of title 46, United States Code, is - redesignated as chapter 461 of part D of subtitle IV of such - title and transferred to appear in such part. - (3) Sections 301 through 308 of such title are redesignated - as sections 46101 through 46108, respectively, of such title. - (b) Conforming Amendments.-- - (1) Section 46101(c)(3)(A)(v) of title 46, United States - Code, as so redesignated, is amended by striking ``304'' and - inserting ``46104''. - (2) section 322(b) of the Coast Guard Personnel and - Maritime Safety Act of 2002 (31 U.S.C. 1113 note) is amended by - striking ``208 of the Merchant Marine Act, 1936 (46 App. U.S.C. - 1118)'' and inserting ``46106(a) of title 46, United States - Code''. - (3) Section 1031(23) of the National Defense Authorization - Act for Fiscal Year 2000 (31 U.S.C. 1113 note) is amended by - striking ``208, 901(b)(2), and 1211 of the Merchant Marine Act, - 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291)'' and inserting - ``44106(a) and 55305(d) of title 46, United States Code''. - (4) The analysis for subtitle I of title 46, United States - Code, is amended by striking the item relating to chapter 3. - (5) The analysis for subtitle IV of such title is amended - by adding at the end the following: - - ``Part D--Federal Maritime Commission - -``461. Federal Maritime Commission.......................... 46101''. - (6) The analysis for chapter 461 of part D of subtitle IV - of such title, as so redesignated, is amended to read as - follows: - -``Sec. -``46101. General organization. -``46102. Quorum. -``46103. Meetings. -``46104. Delegation of authority. -``46105. Regulations. -``46106. Annual report. -``46107. Expenditures. -``46108. Authorization of appropriations.''. - (c) Technical Correction.--Section 46103(c)(3) of title 46, United -States Code, as so redesignated, is amended by striking ``555b(c)'' and -inserting ``552b(c)''. - - DIVISION I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES - -SEC. 14001. SHORT TITLE. - - This division may be cited as the ``Eliot L. Engel Department of -State Authorization Act of 2020''. - - TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE - -SEC. 14101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S - WORK. - - It is the sense of Congress that-- - (1) United States global engagement is key to a stable and - prosperous world; - (2) United States leadership is indispensable in light of - the many complex and interconnected threats facing the United - States and the world; - (3) diplomacy and development are critical tools of - national power, and full deployment of these tools is vital to - United States national security; - (4) challenges such as the global refugee and migration - crises, terrorism, historic famine and food insecurity, and - fragile or repressive societies cannot be addressed without - sustained and robust United States diplomatic and development - leadership; - (5) the United States Government must use all of the - instruments of national security and foreign policy at its - disposal to protect United States citizens, promote United - States interests and values, and support global stability and - prosperity; - (6) United States security and prosperity depend on having - partners and allies that share our interests and values, and - these partnerships are nurtured and our shared interests and - values are promoted through United States diplomatic - engagement, security cooperation, economic statecraft, and - assistance that helps further economic development, good - governance, including the rule of law and democratic - institutions, and the development of shared responses to - natural and humanitarian disasters; - (7) as the United States Government agencies primarily - charged with conducting diplomacy and development, the - Department and the United States Agency for International - Development (USAID) require sustained and robust funding to - carry out this important work, which is essential to our - ability to project United States leadership and values and to - advance the United States interests around the world; - (8) the work of the Department and USAID makes the United - States and the world safer and more prosperous by alleviating - global poverty and hunger, fighting HIV/AIDS and other - infectious diseases, strengthening alliances, expanding - educational opportunities for women and girls, promoting good - governance and democracy, supporting anti-corruption efforts, - driving economic development and trade, preventing armed - conflicts and humanitarian crises, and creating American jobs - and export opportunities; - (9) the Department and USAID are vital national security - agencies, whose work is critical to the projection of United - States power and leadership worldwide, and without which - Americans would be less safe, our economic power would be - diminished, and global stability and prosperity would suffer; - (10) investing in diplomacy and development before - conflicts break out saves American lives while also being cost- - effective; and - (11) the contributions of personnel working at the - Department and USAID are extraordinarily valuable and allow the - United States to maintain its leadership around the world. - -SEC. 14102. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR. - - Paragraph (2) of section 1(c) of the State Department Basic -Authorities Act of 1956 (22 U.S.C. 2651a) is amended-- - (1) in subparagraph (A), by adding at the end the following - new sentence: ``All special envoys, ambassadors, and - coordinators located within the Bureau of Democracy, Human - Rights, and Labor shall report directly to the Assistant - Secretary.''; - (2) in subparagraph (B)(ii)-- - (A) by striking ``section'' and inserting - ``sections 116 and''; and - (B) by inserting before the period at the end the - following: ``(commonly referred to as the annual - `Country Reports on Human Rights Practices')''; and - (3) by adding at the end the following new subparagraphs: - ``(C) Authorities.--In addition to the duties, - functions, and responsibilities specified in this - paragraph, the Assistant Secretary of State for - Democracy, Human Rights, and Labor is authorized to-- - ``(i) promote democracy and actively - support human rights throughout the world; - ``(ii) promote the rule of law and good - governance throughout the world; - ``(iii) strengthen, empower, and protect - civil society representatives, programs, and - organizations, and facilitate their ability to - engage in dialogue with governments and other - civil society entities; - ``(iv) work with regional bureaus to ensure - adequate personnel at diplomatic posts are - assigned responsibilities relating to advancing - democracy, human rights, labor rights, women's - equal participation in society, and the rule of - law, with particular attention paid to adequate - oversight and engagement on such issues by - senior officials at such posts; - ``(v) review and, as appropriate, make - recommendations to the Secretary of State - regarding the proposed transfer of-- - ``(I) defense articles and defense - services authorized under the Foreign - Assistance Act of 1961 (22 U.S.C. 2151 - et seq.) or the Arms Export Control Act - (22 U.S.C. 2751 et seq.); and - ``(II) military items listed on the - `600 series' of the Commerce Control - List contained in Supplement No. 1 to - part 774 of subtitle B of title 15, - Code of Federal Regulations; - ``(vi) coordinate programs and activities - that protect and advance the exercise of human - rights and internet freedom in cyberspace; and - ``(vii) implement other relevant policies - and provisions of law. - ``(D) Efficiency.--The Assistant Secretary for - Democracy, Human Rights, and Labor shall take whatever - actions may be necessary to minimize the duplication of - efforts within the Bureau of Democracy, Human Rights, - and Labor. - ``(E) Local oversight.--United States missions, to - the extent practicable, should assist in exercising - oversight authority and coordinate with the Bureau of - Democracy, Human Rights, and Labor to ensure that funds - are appropriately used and comply with anti-corruption - practices.''. - -SEC. 14103. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW - ENFORCEMENT AFFAIRS. - - (a) In General.--Section 1(c) of the State Department Basic -Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended-- - (1) by redesignating paragraph (3) as paragraph (4); and - (2) by inserting after paragraph (2) the following new - paragraph: - ``(3) Assistant secretary for international narcotics and - law enforcement affairs.-- - ``(A) In general.--There is authorized to be in the - Department of State an Assistant Secretary for - International Narcotics and Law Enforcement Affairs, - who shall be responsible to the Secretary of State for - all matters, programs, and related activities - pertaining to international narcotics, anti-crime, and - law enforcement affairs in the conduct of foreign - policy by the Department, including, as appropriate, - leading the coordination of programs carried out by - United States Government agencies abroad, and such - other related duties as the Secretary may from time to - time designate. - ``(B) Areas of responsibility.--The Assistant - Secretary for International Narcotics and Law - Enforcement Affairs shall maintain continuous - observation and coordination of all matters pertaining - to international narcotics, anti-crime, and law - enforcement affairs in the conduct of foreign policy, - including programs carried out by other United States - Government agencies when such programs pertain to the - following matters: - ``(i) Combating international narcotics - production and trafficking. - ``(ii) Strengthening foreign justice - systems, including judicial and prosecutorial - capacity, appeals systems, law enforcement - agencies, prison systems, and the sharing of - recovered assets. - ``(iii) Training and equipping foreign - police, border control, other government - officials, and other civilian law enforcement - authorities for anti-crime purposes, including - ensuring that no foreign security unit or - member of such unit shall receive such - assistance from the United States Government - absent appropriate vetting. - ``(iv) Ensuring the inclusion of human - rights and women's participation issues in law - enforcement programs, in consultation with the - Assistant Secretary for Democracy, Human - Rights, and Labor, and other senior officials - in regional and thematic bureaus and offices. - ``(v) Combating, in conjunction with other - relevant bureaus of the Department, all forms - of transnational organized crime, including - illicit trafficking in human beings, arms, - wildlife, and cultural property, migrant - smuggling, corruption, money laundering, the - illicit smuggling of bulk cash, the licit use - of financial systems for malign purposes, and - other new and emerging forms of crime. - ``(vi) Identifying and responding to global - corruption, including strengthening the - capacity of foreign government institutions - responsible for addressing financial crimes and - engaging with multilateral organizations - responsible for monitoring and supporting - foreign governments' anti-corruption efforts. - ``(C) Additional duties.--In addition to the - responsibilities specified in subparagraph (B), the - Assistant Secretary for International Narcotics and Law - Enforcement Affairs shall also-- - ``(i) carry out timely and substantive - consultation with chiefs of mission and, as - appropriate, the heads of other United States - Government agencies to ensure effective - coordination of all international narcotics and - law enforcement programs carried out overseas - by the Department and such other agencies; - ``(ii) coordinate with the Office of - National Drug Control Policy to ensure lessons - learned from other United States Government - agencies are available to the Bureau of - International Narcotics and Law Enforcement - Affairs of the Department; - ``(iii) develop standard requirements for - monitoring and evaluation of Bureau programs, - including metrics for success that do not rely - solely on the amounts of illegal drugs that are - produced or seized; - ``(iv) in coordination with the Secretary - of State, annually certify in writing to the - Committee on Foreign Affairs of the House of - Representatives and the Committee on Foreign - Relations of the Senate that United States law - enforcement personnel posted abroad whose - activities are funded to any extent by the - Bureau of International Narcotics and Law - Enforcement Affairs are complying with section - 207 of the Foreign Service Act of 1980 (22 - U.S.C. 3927); and - ``(v) carry out such other relevant duties - as the Secretary may assign.''. - (b) Modification of Annual International Narcotics Control Strategy -Report.--Subsection (a) of section 489 of the Foreign Assistance Act of -1961 (22 U.S.C. 2291h) is amended by inserting after paragraph (8) the -following new paragraph: - ``(9) A separate section that contains an identification of - all United States Government-supported units funded by the - Bureau of International Narcotics and Law Enforcement Affairs - and any Bureau-funded operations by such units in which United - States law enforcement personnel have been physically - present.''. - -SEC. 14104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES, - AND MIGRATION. - - Section 1 of the State Department Basic Authorities Act of 1956 (22 -U.S.C. 2651a) is amended-- - (1) by redesignating subsection (g) as subsection (i); and - (2) by inserting after subsection (f) the following new - subsections: - ``(g) Bureau of Consular Affairs.--There is in the Department of -State the Bureau of Consular Affairs, which shall be headed by the -Assistant Secretary of State for Consular Affairs. - ``(h) Bureau of Population, Refugees, and Migration.--There is in -the Department of State the Bureau of Population, Refugees, and -Migration, which shall be headed by the Assistant Secretary of State -for Population, Refugees, and Migration.''. - -SEC. 14105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. - - (a) Establishment.--There should be established in the Department -an Office of International Disability Rights (referred to in this -section as the ``Office''). - (b) Duties.--The Office should-- - (1) seek to ensure that all United States foreign - operations are accessible to, and inclusive of, persons with - disabilities; - (2) promote the human rights and full participation in - international development activities of all persons with - disabilities; - (3) promote disability inclusive practices and the training - of Department staff on soliciting quality programs that are - fully inclusive of people with disabilities; - (4) represent the United States in diplomatic and - multilateral fora on matters relevant to the rights of persons - with disabilities, and work to raise the profile of disability - across a broader range of organizations contributing to - international development efforts; - (5) conduct regular consultation with civil society - organizations working to advance international disability - rights and empower persons with disabilities internationally; - (6) consult with other relevant offices at the Department - that are responsible for drafting annual reports documenting - progress on human rights, including, wherever applicable, - references to instances of discrimination, prejudice, or abuses - of persons with disabilities; and - (7) advise the Bureau of Human Resources Development of the - Department regarding the hiring and recruitment and overseas - practices of civil service employees and Foreign Service - officers with disabilities and their family members with - chronic medical conditions or disabilities. - (c) Supervision.--The Office may be headed by-- - (1) a senior advisor to the appropriate Assistant - Secretary; or - (2) an officer exercising significant authority who reports - to the President or Secretary, appointed by and with the advice - and consent of the Senate. - (d) Consultation.--The Secretary should direct Ambassadors at -Large, Representatives, Special Envoys, and coordinators working on -human rights to consult with the Office to promote the human rights and -full participation in international development activities of all -persons with disabilities. - -SEC. 14106. OFFICE OF GLOBAL WOMEN'S ISSUES. - - (a) In General.--There should be established an Office of Global -Women's Issues (referred to in this section as the ``Office''), which -may be placed within the organizational structure of the Department at -the discretion of the Secretary. - (b) Purpose.--The Office should coordinate efforts of the United -States Government, as directed by the Secretary, regarding gender -equality and advancing the status of women and girls in United States -foreign policy. - (c) Duties.--The Office should-- - (1) serve as the principal advisor to the Secretary - regarding gender equality, women's and girls' empowerment, and - violence against women and girls as a priority of United States - foreign policy; - (2) represent the United States in diplomatic and - multilateral fora on matters relevant to the status of women - and girls; - (3) advise the Secretary and provide input on all - activities, policies, programs, and funding relating to gender - equality and the advancement of women and girls internationally - for all bureaus and offices of the Department and in the - international programs of all other Federal agencies; - (4) work to ensure that efforts to advance gender equality - and women's and girls' empowerment are fully integrated into - the programs, structures, processes, and capacities of all - bureaus and offices of the Department and in the international - programs of other Federal agencies; and - (5) conduct regular consultation with civil society - organizations working to advance gender equality and empower - women and girls internationally. - (d) Supervision.--The Office should be headed by an Ambassador-at- -large for Global Women's Issues. - (e) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary shall provide to the appropriate -congressional committees a report or briefing regarding this section. - -SEC. 14107. SPECIAL APPOINTMENTS. - - (a) Report on Positions.--Not later than 30 days after the date of -the enactment of this Act, the Secretary shall submit to the -appropriate congressional committees a report that includes the -following: - (1) A description of the duties, responsibilities, and - number of staff of each existing Special Envoy, Special - Representative, Special Coordinator, Special Negotiator, Envoy, - Representative, Coordinator, Special Advisor, and other similar - position at the Department. - (2) Recommendations regarding whether to maintain in the - Department each such position, including those listed in the - report submitted by the Secretary to the Committee on Foreign - Relations of the Senate on April 14, 2017, pursuant to section - 418 of the Department of State Authorities Act, Fiscal Year - 2017 (Public Law 114-323), that are not expressly authorized by - a provision of law enacted by Congress. - (3) Justifications supporting each of the Secretary's - recommendations under paragraph (2). - (b) Advice and Consent.--Not later than 90 days after the -submission of the report required under subsection (a), the President -shall submit the name of each Special Envoy, Special Representative, -Special Coordinator, Special Negotiator, Envoy, Representative, -Coordinator, Special Advisor, or other person occupying a similar -position at the Department exercising significant authority pursuant to -the laws of the United States that is not expressly authorized by a -provision of law enacted by Congress who is included in such report to -the Committee on Foreign Relations of the Senate to seek the advice and -consent of the Senate. - (c) Rule of Construction Regarding Establishment of Positions.-- -Nothing in this section may be construed as prohibiting the -establishment or maintenance of any Special Envoy, Special -Representative, Special Coordinator, Special Negotiator, Envoy, -Representative, Coordinator, Special Advisor, or other similar position -at the Department exercising significant authority pursuant to the laws -of the United States if the name of the appointee for each such -position is submitted to the Committee on Foreign Relations of the -Senate, to seek the advice and consent of the Senate, not later than 90 -days after each such appointment. - (d) Limited Exception for Temporary Appointments.--The Secretary -may maintain or establish a position with the title of Special Envoy, -Special Representative, Special Coordinator, Special Negotiator, -Special Advisor, or a similar position not exercising significant -authority pursuant to the laws of the United States for not longer than -180 days if the Secretary, not later than 15 days before the -appointment of a person to such a position, submits to the appropriate -congressional committees a notification that includes the following: - (1) A certification that the position is not expected to - demand the exercise of significant authority pursuant to the - laws of the United States. - (2) A description of the duties and purpose of the - position. - (3) The rationale for giving the specific title to the - position. - (e) Renewal of Temporary Appointment.--Nothing in this section may -be construed as prohibiting the Secretary from renewing for a period -not to exceed 180 days any position maintained or established under -subsection (d) if the Secretary complies with the notification -requirements contained in such subsection. - (f) Funding Restrictions.-- - (1) Positions not submitted for advice and consent.--No - funds may be authorized to be appropriated for-- - (A) any Special Envoy, Special Representative, - Special Coordinator, Special Negotiator, Envoy, - Representative, Coordinator, Special Advisor, or other - similar position at the Department exercising - significant authority pursuant to the laws of the - United States if the name of the person appointed to - such position has not been submitted to the Committee - on Foreign Relations of the Senate for the advice and - consent of the Senate in accordance with subsection - (b); or - (B) any staff or resources related to such a - position until the person appointed to such position - has been submitted to the Committee on Foreign - Relations of the Senate for the advice and consent of - the Senate. - (2) Temporary positions.--No funds may be authorized to be - appropriated for any position described in subsection (d) or - for any staff or resources related to such position unless the - Secretary has complied with the notification requirements under - such subsection. - (3) Fiscal year 2021.--The restrictions described in this - subsection shall not apply in fiscal year 2021 to positions or - associated staff and resources for which funding is expressly - appropriated for such fiscal year in an Act of Congress. - (g) Confirmation for Authorized Positions.-- - (1) In general.--No Special Envoy, Special Representative, - Special Coordinator, Special Negotiator, Envoy, Representative, - Coordinator, Special Advisor, or other similar position at the - Department exercising significant authority pursuant to the - laws of the United States that is authorized by an Act of - Congress (except the position authorized by section 621 of the - Tibetan Policy Act of 2002 (subtitle B of title VI of Public - Law 107-228; 22 U.S.C. 6901 note)) may be appointed without the - advice and consent of the Senate. - (2) Fiscal year 2021.--The restriction described in - paragraph (1) shall not apply in fiscal year 2021 to positions - or associated staff and resources for which funding is - expressly appropriated for such fiscal year in an Act of - Congress. - (h) Elimination of Special Representative and Policy Coordinator -for Burma.-- - (1) Findings.--Congress finds the following: - (A) Congress established the Special Representative - and Policy Coordinator for Burma in July 2008 at a time - when the United States did not maintain full diplomatic - relations with Burma and had not appointed an - Ambassador to Burma in 18 years. - (B) In 2012, the United States re-established full - diplomatic relations with Burma and appointed a United - States Ambassador to Burma who, along with the - Secretary of State, Assistant Secretary of State for - East Asia and the Pacific, and other United States - Government officials, represents the United States' - interests in Burma. - (2) Repeal.--Section 7 of the Tom Lantos Block Burmese Jade - (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110- - 286; 50 U.S.C. 1701 note; relating to the establishment of a - Special Representative and Policy Coordinator for Burma) is - hereby repealed. - -SEC. 14108. ANTI-PIRACY INFORMATION SHARING. - - The Secretary is authorized to provide for the participation by the -United States in the Information Sharing Centre located in Singapore, -as established by the Regional Cooperation Agreement on Combating -Piracy and Armed Robbery against Ships in Asia (ReCAAP). - -SEC. 14109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL - SECURITY. - - It is the sense of Congress that-- - (1) the Department is a crucial national security agency, - whose employees, both Foreign and Civil Service, require the - best possible training at every stage of their careers to - prepare them to promote and defend United States national - interests and the health and safety of United States citizens - abroad; - (2) the Secretary should explore establishing a ``training - float'' requiring that a certain percentage of the Foreign - Service shall be in long-term training at any given time; - (3) the Department's Foreign Service Institute should seek - to substantially increase its educational and training - offerings to Department personnel, including developing new and - innovative educational and training courses, methods, programs, - and opportunities; and - (4) consistent with existing Department gift acceptance - authority and other applicable laws, the Department and Foreign - Service Institute should seek and accept funds and other - resources from foundations, not-for-profit corporations, and - other appropriate sources to help the Department and the - Institute accomplish the goals specified in paragraph (3). - -SEC. 14110. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS. - - The Foreign Service Act of 1980 is amended-- - (1) in section 501 (22 U.S.C. 3981), by inserting ``If a - position designated under this section is unfilled for more - than 365 calendar days, such position may be filled, as - appropriate, on a temporary basis, in accordance with section - 309.'' after ``Positions designated under this section are - excepted from the competitive service.''; and - (2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)), - by inserting ``, or domestically, in a position working on - issues relating to a particular country or geographic area,'' - after ``geographic area''. - -SEC. 14111. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF - STATE. - - (a) In General.--Subsection (c) of section 1 of the State -Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended -by section 14103 of this Act, is further amended-- - (1) by redesignating paragraph (4) (as redesignated - pursuant to such section 14103) as paragraph (5); and - (2) by inserting after paragraph (3) the following new - paragraph: - ``(4) Energy resources.-- - ``(A) Authorization for assistant secretary.-- - Subject to the numerical limitation specified in - paragraph (1), there is authorized to be established in - the Department of State an Assistant Secretary of State - for Energy Resources. - ``(B) Personnel.--The Secretary of State shall - ensure that there are sufficient personnel dedicated to - energy matters within the Department of State whose - responsibilities shall include-- - ``(i) formulating and implementing - international policies aimed at protecting and - advancing United States energy security - interests by effectively managing United States - bilateral and multilateral relations; - ``(ii) ensuring that analyses of the - national security implications of global energy - and environmental developments are reflected in - the decision making process within the - Department; - ``(iii) incorporating energy security - priorities into the activities of the - Department; - ``(iv) coordinating energy activities of - the Department with relevant Federal - departments and agencies; and - ``(v) working internationally to-- - ``(I) support the development of - energy resources and the distribution - of such resources for the benefit of - the United States and United States - allies and trading partners for their - energy security and economic - development needs; - ``(II) promote availability of - diversified energy supplies and a well- - functioning global market for energy - resources, technologies, and expertise - for the benefit of the United States - and United States allies and trading - partners; - ``(III) resolve international - disputes regarding the exploration, - development, production, or - distribution of energy resources; - ``(IV) support the economic and - commercial interests of United States - persons operating in the energy markets - of foreign countries; - ``(V) support and coordinate - international efforts to alleviate - energy poverty; - ``(VI) leading the United States - commitment to the Extractive Industries - Transparency Initiative; - ``(VII) coordinating within the - Department and with relevant Federal - departments and agencies on developing - and implementing international energy- - related sanctions; and - ``(VIII) coordinating energy - security and other relevant functions - within the Department currently - undertaken by-- - ``(aa) the Bureau of - Economic and Business Affairs; - ``(bb) the Bureau of Oceans - and International Environmental - and Scientific Affairs; and - ``(cc) other offices within - the Department of State.''. - (b) Conforming Amendment.--Section 931 of the Energy Independence -and Security Act of 2007 (42 U.S.C. 17371) is amended-- - (1) by striking subsections (a) and (b); and - (2) by redesignating subsections (c) and (d) as subsections - (a) and (b), respectively. - -SEC. 14112. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY. - - Title I of the State Department Basic Authorities Act of 1956 is -amended by adding after section 63 (22 U.S.C. 2735) the following new -section: - -``SEC. 64. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY. - - ``(a) Activities.-- - ``(1) Support authorized.--The Secretary of State is - authorized to provide, by contract, grant, or otherwise, for - the performance of appropriate museum visitor and educational - outreach services and related events, including organizing - programs and conference activities, museum shop services and - food services in the public exhibition and related space - utilized by the National Museum of American Diplomacy. - ``(2) Recovery of costs.--The Secretary of State is - authorized to recover any revenues generated under the - authority of paragraph (1) for visitor and outreach services - and related events referred to in such paragraph, including - fees for use of facilities at the National Museum for American - Diplomacy. Any such revenues may be retained as a recovery of - the costs of operating the museum. - ``(b) Disposition of National Museum of American Diplomacy -Documents, Artifacts, and Other Articles.-- - ``(1) Property.--All historic documents, artifacts, or - other articles permanently acquired by the Department of State - and determined by the Secretary of State to be suitable for - display by the National Museum of American Diplomacy shall be - considered to be the property of the United States Government - and shall be subject to disposition solely in accordance with - this subsection. - ``(2) Sale, trade, or transfer.--Whenever the Secretary of - State makes the determination described in paragraph (3) with - respect to a document, artifact, or other article under - paragraph (1), the Secretary may sell at fair market value, - trade, or transfer such document, artifact, or other article - without regard to the requirements of subtitle I of title 40, - United States Code. The proceeds of any such sale may be used - solely for the advancement of the mission of the National - Museum of American Diplomacy and may not be used for any - purpose other than the acquisition and direct care of the - collections of the museum. - ``(3) Determinations prior to sale, trade, or transfer.-- - The determination described in this paragraph with respect to a - document, artifact, or other article under paragraph (1), is a - determination that-- - ``(A) such document, artifact, or other article no - longer serves to further the purposes of the National - Museum of American Diplomacy as set forth in the - collections management policy of the museum; - ``(B) the sale, trade, or transfer of such - document, artifact, or other article would serve to - maintain the standards of the collection of the museum; - or - ``(C) sale, trade, or transfer of such document, - artifact, or other article would be in the best - interests of the United States. - ``(4) Loans.--In addition to the authorization under - paragraph (2) relating to the sale, trade, or transfer of - documents, artifacts, or other articles under paragraph (1), - the Secretary of State may loan such documents, artifacts, or - other articles, when not needed for use or display by the - National Museum of American Diplomacy to the Smithsonian - Institution or a similar institution for repair, study, or - exhibition.''. - -SEC. 14113. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR - COSTS INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF - U.S.-FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS. - - (a) In General.--Subsection (e) of section 7 of the Fishermen's -Protective Act of 1967 (22 U.S.C. 1977) is amended to read as follows: - ``(e) Amounts.--Payments may be made under this section only to -such extent and in such amounts as are provided in advance in -appropriation Acts.''. - (b) Retroactive Applicability.-- - (1) Effective date.--The amendment made by subsection (a) - shall take effect on the date of the enactment of this Act and - apply as if the date specified in subsection (e) of section 7 - of the Fishermen's Protective Act of 1967, as in effect on the - day before the date of the enactment of this Act, were the day - after such date of enactment. - (2) Agreements and payments.--The Secretary shall-- - (A) enter into agreements pursuant to section 7 of - the Fishermen's Protective Act of 1967 for any claims - to which such section would otherwise apply but for the - date specified in subsection (e) of such section, as in - effect on the day before the date of the enactment of - this Act; and - (B) make payments in accordance with agreements - entered into pursuant to such section if any such - payments have not been made as a result of the - expiration of the date specified in such section, as in - effect on the day before the date of the enactment of - this Act. - -SEC. 14114. ART IN EMBASSIES. - - (a) In General.--No funds are authorized to be appropriated for the -purchase of any piece of art for the purposes of installation or -display in any embassy, consulate, or other foreign mission of the -United States if the purchase price of such piece of art is in excess -of $50,000, unless such purchase is subject to prior consultation with, -and the regular notification procedures of, the appropriate -congressional committees. - (b) Report.--Not later than 90 days after the date of the enactment -of this Act, the Secretary shall submit to the appropriate -congressional committees a report on the costs of the Art in Embassies -Program for each of fiscal years 2012, 2013, and 2014. - (c) Sunset.--This section shall terminate on the date that is 2 -years after the date of the enactment of this Act. - (d) Definition.--In this section, the term ``art'' includes -paintings, sculptures, photographs, industrial design, and craft art. - -SEC. 14115. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS. - - (a) Burma.-- - (1) In general.--Section 570 of Public Law 104-208 is - amended-- - (A) by amending subsection (c) to read as follows: - ``(c) Multilateral Strategy.--The President shall develop, in -coordination with members of ASEAN and other likeminded countries, a -comprehensive, multilateral strategy to bring about further democratic -consolidation in Burma and improve human rights practices and the -quality of life in Burma, including the development of a dialogue -leading to genuine national reconciliation.''; and - (B) in subsection (d)-- - (i) in the matter preceding paragraph (1), - by striking ``six months'' and inserting - ``year''; - (ii) by redesignating paragraph (3) as - paragraph (7); and - (iii) by inserting after paragraph (2) the - following new paragraphs: - ``(3) improvements in human rights practices; - ``(4) progress toward broad-based and inclusive economic - growth; - ``(5) progress toward genuine national reconciliation; - ``(6) progress on improving the quality of life of the - Burmese people, including progress relating to market reforms, - living standards, labor standards, use of forced labor in the - tourism industry, and environmental quality; and''. - (2) Effective date.--The amendments made by paragraph (1) - shall take effect on the date of the enactment of this Act and - apply with respect to the first report required under - subsection (d) of section 570 of Public Law 104-208 that is - required after the date of the enactment of this Act. - (b) Repeals.--The following provisions of law are hereby repealed: - (1) Subsection (b) of section 804 of Public Law 101-246. - (2) Section 6 of Public Law 104-45. - (3) Section 406 of Public Law 101-246 (22 U.S.C. 2414a). - (4) Subsection (c) of section 702 of Public Law 96-465 (22 - U.S.C. 4022). - -SEC. 14116. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS. - - (a) Initial Report.--Not later than 120 days after the date of the -enactment of this Act, the Secretary shall submit to the appropriate -congressional committees a report that lists all of the Government -Accountability Office's recommendations relating to the Department that -have not been fully implemented. - (b) Comptroller General Report.--Not later than 30 days after the -Secretary submits the report under subsection (a), the Comptroller -General of the United States shall submit to the appropriate -congressional committees a report that identifies any discrepancies -between the list of recommendations included in such report and the -Government Accountability Office's list of outstanding recommendations -for the Department. - (c) Implementation Report.-- - (1) In general.--Not later than 120 days after the date of - the submission of the Comptroller General's report under - subsection (b), the Secretary shall submit to the appropriate - congressional committees a report that describes the - implementation status of each recommendation from the - Government Accountability Office included in the report - submitted under subsection (a). - (2) Justification.--The report under paragraph (1) shall - include-- - (A) a detailed justification for each decision not - to fully implement a recommendation or to implement a - recommendation in a different manner than specified by - the Government Accountability Office; - (B) a timeline for the full implementation of any - recommendation the Secretary has decided to adopt, but - has not yet fully implemented; and - (C) an explanation for any discrepancies included - in the Comptroller General report submitted under - subsection (b). - (d) Form.--The information required in each report under this -section shall be submitted in unclassified form, to the maximum extent -practicable, but may be included in a classified annex to the extent -necessary. - -SEC. 14117. OFFICE OF GLOBAL CRIMINAL JUSTICE. - - (a) In General.--There should be established within the Department -an Office of Global Criminal Justice (referred to in this section as -the ``Office''), which may be placed within the organizational -structure of the Department at the discretion of the Secretary. - (b) Duties.--The Office should carry out the following: - (1) Advise the Secretary and other relevant senior - officials on issues related to war crimes, crimes against - humanity, and genocide. - (2) Assist in formulating United States policy on the - prevention of, responses to, and accountability for mass - atrocities. - (3) Coordinate United States Government positions relating - to the international and hybrid courts currently prosecuting - persons responsible for genocide, war crimes, and crimes - against humanity anywhere in the world. - (4) Work with other governments, international - organizations, and nongovernmental organizations, as - appropriate, to establish and assist international and domestic - commissions of inquiry, fact-finding missions, and tribunals to - investigate, document, and prosecute atrocities in every region - of the globe. - (5) Coordinate the deployment of diplomatic, legal, - economic, military, and other tools to help expose the truth, - judge those responsible, protect and assist victims, enable - reconciliation, deter atrocities, and build the rule of law. - (6) Provide advice and expertise on transitional justice to - United States personnel operating in conflict and post-conflict - environments. - (7) Act as a point of contact for international, hybrid, - and mixed tribunals exercising jurisdiction over war crimes, - crimes against humanity, and genocide committed around the - world. - (8) Represent the Department on any interagency whole-of- - government coordinating entities addressing genocide and other - mass atrocities. - (9) Perform any additional duties and exercise such powers - as the Secretary of State may prescribe. - (c) Supervision.--The Office should be led by an Ambassador-at- -Large for Global Criminal Justice. - - TITLE II--EMBASSY CONSTRUCTION - -SEC. 14201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE. - - For ``Embassy Security, Construction, and Maintenance'', there is -authorized to be appropriated $1,975,449,000 for fiscal year 2021. - -SEC. 14202. STANDARD DESIGN IN CAPITAL CONSTRUCTION. - - (a) Sense of Congress.--It is the sense of Congress that the -Department's Bureau of Overseas Building Operations (OBO) or successor -office should give appropriate consideration to standardization in -construction, in which each new United States embassy and consulate -starts with a standard design and keeps customization to a minimum. - (b) Consultation.--The Secretary shall carry out any new United -States embassy compound or new consulate compound project that utilizes -a non-standard design, including those projects that are in the design -or pre-design phase as of the date of the enactment of this Act, only -in consultation with the appropriate congressional committees. The -Secretary shall provide the appropriate congressional committees, for -each such project, the following documentation: - (1) A comparison of the estimated full lifecycle costs of - the project to the estimated full lifecycle costs of such - project if it were to use a standard design. - (2) A comparison of the estimated completion date of such - project to the estimated completion date of such project if it - were to use a standard design. - (3) A comparison of the security of the completed project - to the security of such completed project if it were to use a - standard design. - (4) A justification for the Secretary's selection of a non- - standard design over a standard design for such project. - (5) A written explanation if any of the documentation - necessary to support the comparisons and justification, as the - case may be, described in paragraphs (1) through (4) cannot be - provided. - (c) Sunset.--The consultation requirement under subsection (b) -shall expire on the date that is 4 years after the date of the -enactment of this Act. - -SEC. 14203. CAPITAL CONSTRUCTION TRANSPARENCY. - - (a) In General.--Section 118 of the Department of State Authorities -Act, Fiscal Year 2017 (22 U.S.C. 304) is amended-- - (1) in the section heading , by striking ``annual report on - embassy construction costs'' and inserting ``biannual report on - overseas capital construction projects''; and - (2) by striking subsections (a) and (b) and inserting the - following new subsections: - ``(a) In General.--Not later than 180 days after the date of the -enactment of this subsection and every 180 days thereafter until the -date that is 4 years after such date of enactment, the Secretary shall -submit to the appropriate congressional committees a comprehensive -report regarding all ongoing overseas capital construction projects and -major embassy security upgrade projects. - ``(b) Contents.--Each report required under subsection (a) shall -include the following with respect to each ongoing overseas capital -construction project and major embassy security upgrade project: - ``(1) The initial cost estimate as specified in the - proposed allocation of capital construction and maintenance - funds required by the Committees on Appropriations for Acts - making appropriations for the Department of State, foreign - operations, and related programs. - ``(2) The current cost estimate. - ``(3) The value of each request for equitable adjustment - received by the Department to date. - ``(4) The value of each certified claim received by the - Department to date. - ``(5) The value of any usage of the project's contingency - fund to date and the value of the remainder of the project's - contingency fund. - ``(6) An enumerated list of each request for adjustment and - certified claim that remains outstanding or unresolved. - ``(7) An enumerated list of each request for equitable - adjustment and certified claim that has been fully adjudicated - or that the Department has settled, and the final dollar amount - of each adjudication or settlement. - ``(8) The date of estimated completion specified in the - proposed allocation of capital construction and maintenance - funds required by the Committees on Appropriations not later - than 45 days after the date of the enactment of an Act making - appropriations for the Department of State, foreign operations, - and related programs. - ``(9) The current date of estimated completion.''. - (b) Initial Report.--The first report required under subsection (a) -of section 118 of the Department of State Authorities Act, Fiscal Year -2017 (as amended by this section) shall include an annex regarding all -overseas capital construction projects and major embassy security -upgrade projects completed during the 10-year period ending on December -31, 2018, including, for each such project, the elements specified in -subsection (b) of such section 118. - -SEC. 14204. CONTRACTOR PERFORMANCE INFORMATION. - - (a) Deadline for Completion.--The Secretary shall complete all -contractor performance evaluations required by subpart 42.15 of the -Federal Acquisition Regulation for those contractors engaged in -construction of new embassy or new consulate compounds by October 1, -2021. - (b) Prioritization System.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary shall develop a - prioritization system for clearing the current backlog of - required evaluations referred to in subsection (a). - (2) Elements.--The system required under paragraph (1) - should prioritize the evaluations as follows: - (A) Project completion evaluations should be - prioritized over annual evaluations. - (B) Evaluations for relatively large contracts - should have priority. - (C) Evaluations that would be particularly - informative for the awarding of government contracts - should have priority. - (c) Briefing.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of State shall brief the -appropriate congressional committees on the Department's plan for -completing all evaluations by October 1, 2021, in accordance with -subsection (a) and the prioritization system developed pursuant to -subsection (b). - (d) Sense of Congress.--It is the sense of Congress that-- - (1) contractors deciding whether to bid on Department - contracts would benefit from greater understanding of the - Department as a client; and - (2) the Department should develop a forum where contractors - can comment on the Department's project management performance. - -SEC. 14205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES. - - (a) In General.--For each new United States embassy compound (NEC) -and new consulate compound project (NCC) in or not yet in the design -phase as of the date of the enactment of this Act, the Department shall -project growth over the estimated life of the facility using all -available and relevant data, including the following: - (1) Relevant historical trends for Department personnel and - personnel from other agencies represented at the NEC or NCC - that is to be constructed. - (2) An analysis of the tradeoffs between risk and the needs - of United States Government policy conducted as part of the - most recent Vital Presence Validation Process, if applicable. - (3) Reasonable assumptions about the strategic importance - of the NEC or NCC, as the case may be, over the life of the - building at issue. - (4) Any other data that would be helpful in projecting the - future growth of NEC or NCC. - (b) Other Federal Agencies.--The head of each Federal agency -represented at a United States embassy or consulate shall provide to -the Secretary, upon request, growth projections for the personnel of -each such agency over the estimated life of each embassy or consulate, -as the case may be. - (c) Basis for Estimates.--The Department shall base its growth -assumption for all NECs and NCCs on the estimates required under -subsections (a) and (b). - (d) Congressional Notification.--Any congressional notification of -site selection for a NEC or NCC submitted after the date of the -enactment of this Act shall include the growth assumption used pursuant -to subsection (c). - -SEC. 14206. LONG-RANGE PLANNING PROCESS. - - (a) Plans Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act and annually thereafter for 5 years, - the Secretary shall develop-- - (A) a comprehensive 6-year plan documenting the - Department's overseas building program for the - replacement of overseas diplomatic posts taking into - account security factors under the Secure Embassy - Construction and Counterterrorism Act of 1999 and other - relevant statutes and regulations, as well as - occupational safety and health factors pursuant to the - Occupational Safety and Health Act of 1970 and other - relevant statutes and regulations, including - environmental factors such as indoor air quality that - impact employee health and safety; and - (B) a comprehensive 6-year plan detailing the - Department's long-term planning for the maintenance and - sustainment of completed diplomatic posts, which takes - into account security factors under the Secure Embassy - Construction and Counterterrorism Act of 1999 and other - relevant statutes and regulations, as well as - occupational safety and health factors pursuant to the - Occupational Safety and Health Act of 1970 and other - relevant statutes and regulations, including - environmental factors such as indoor air quality that - impact employee health and safety. - (2) Initial report.--The first plan developed pursuant to - paragraph (1)(A) shall also include a one-time status report on - existing small diplomatic posts and a strategy for establishing - a physical diplomatic presence in countries in which there is - no current physical diplomatic presence. Such report, which may - include a classified annex, shall include the following: - (A) A description of the extent to which each small - diplomatic post furthers the national interest of the - United States. - (B) A description of how each small diplomatic post - provides American Citizen Services, including data on - specific services provided and the number of Americans - receiving services over the previous year. - (C) A description of whether each small diplomatic - post meets current security requirements. - (D) A description of the full financial cost of - maintaining each small diplomatic post. - (E) Input from the relevant chiefs of mission on - any unique operational or policy value the small - diplomatic post provides. - (3) Updated information.--The annual updates of each of the - plans developed pursuant to paragraph (1) shall highlight any - changes from the previous year's plan to the ordering of - construction and maintenance projects. - (b) Reporting Requirements.-- - (1) Submission of plans to congress.--Not later than 60 - days after the completion of each plan required under - subsection (a), the Secretary shall submit the plans to the - appropriate congressional committees. - (2) Reference in budget justification materials.--In the - budget justification materials submitted to the appropriate - congressional committees in support of the Department's budget - for any fiscal year (as submitted with the budget of the - President under section 1105(a) of title 31, United States - Code), the plans required under subsection (a) shall be - referenced to justify funding requested for building and - maintenance projects overseas. - (3) Form of report.--Each report required under paragraph - (1) shall be submitted in unclassified form but may include a - classified annex. - (c) Small Diplomatic Post Defined.--In this section, the term -``small diplomatic post'' means any United States embassy or consulate -that has employed five or fewer United States Government employees on -average over the 36 months prior to the date of the enactment of this -Act. - -SEC. 14207. VALUE ENGINEERING AND RISK ASSESSMENT. - - (a) Findings.--Congress makes the following findings: - (1) Federal departments and agencies are required to use - value engineering (VE) as a management tool, where appropriate, - to reduce program and acquisition costs pursuant to OMB - Circular A-131, Value Engineering, dated December 31, 2013. - (2) OBO has a Policy Directive and Standard Operation - Procedure, dated May 24, 2017, on conducting risk management - studies on all international construction projects. - (b) Notification Requirements.-- - (1) Submission to authorizing committees.--The proposed - allocation of capital construction and maintenance funds that - is required by the Committees on Appropriations of the Senate - and the House of Representatives not later than 45 days after - the date of the enactment of an Act making appropriations for - the Department of State, foreign operations, and related - programs shall also be submitted to the Committee on Foreign - Relations of the Senate and the Committee on Foreign Affairs of - the House of Representatives. - (2) Requirement to confirm completion of value engineering - and risk assessment studies.--The notifications required under - paragraph (1) shall include confirmation that the Department - has completed the requisite VE and risk management studies - described in subsection (a). - (c) Reporting and Briefing Requirements.--The Secretary shall -provide to the appropriate congressional committees upon request-- - (1) a description of each risk management study referred to - in subsection (a)(2) and a table detailing which - recommendations related to each such study were accepted and - which were rejected; and - (2) a report or briefing detailing the rationale for not - implementing any such recommendations that may otherwise yield - significant cost savings to the Department if implemented. - -SEC. 14208. BUSINESS VOLUME. - - Section 402(c)(2)(E) of the Omnibus Diplomatic Security and -Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by -striking ``in 3 years'' and inserting ``cumulatively over 3 years''. - -SEC. 14209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES. - - The Secretary shall provide to the appropriate congressional -committees upon request information on security deficiencies at United -States diplomatic posts, including relating to the following: - (1) Requests made over the previous year by United States - diplomatic posts for security upgrades. - (2) Significant security deficiencies at United States - diplomatic posts that are not operating out of a new embassy - compound or new consulate compound. - -SEC. 14210. OVERSEAS SECURITY BRIEFINGS. - - Not later than 1 year after the date of the enactment of this Act, -the Secretary shall revise the Foreign Affairs Manual to stipulate that -information on the current threat environment shall be provided to all -United States Government employees under chief of mission authority -traveling to a foreign country on official business. To the extent -practicable, such material shall be provided to such employees prior to -their arrival at a United States diplomatic post or as soon as possible -thereafter. - -SEC. 14211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION. - - (a) Delivery.--Unless the Secretary notifies the appropriate -congressional committees that the use of the design-build project -delivery method would not be appropriate, the Secretary shall make use -of such method at United States diplomatic posts that have not yet -received design or capital construction contracts as of the date of the -enactment of this Act. - (b) Notification.--Before executing a contract for a delivery -method other than design-build in accordance with subsection (a), the -Secretary shall notify the appropriate congressional committees in -writing of the decision, including the reasons therefor. The -notification required by this subsection may be included in any other -report regarding a new United States diplomatic post that is required -to be submitted to the appropriate congressional committees. - (c) Performance Evaluation.--Not later than 180 days after the date -of the enactment of this Act, the Secretary shall report to the -appropriate congressional committees regarding performance evaluation -measures in accordance with GAO's ``Standards for Internal Control in -the Federal Government'' that will be applicable to design and -construction, lifecycle cost, and building maintenance programs of the -Bureau of Overseas Building Operations of the Department. - -SEC. 14212. COMPETITION IN EMBASSY CONSTRUCTION. - - Not later than 45 days after the date of the enactment of this Act, -the Secretary shall submit to the appropriate congressional committee a -report detailing steps the Department is taking to expand the embassy -construction contractor base in order to increase competition and -maximize value. - -SEC. 14213. STATEMENT OF POLICY. - - It is the policy of the United States that the Bureau of Overseas -Building Operations of the Department or its successor office shall -continue to balance functionality and security with accessibility, as -defined by guidelines established by the United States Access Board in -constructing embassies and consulates, and shall ensure compliance with -the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the -fullest extent possible. - -SEC. 14214. DEFINITIONS. - - In this title: - (1) Design-build.--The term ``design-build'' means a method - of project delivery in which one entity works under a single - contract with the Department to provide design and construction - services. - (2) Non-standard design.--The term ``non-standard design'' - means a design for a new embassy compound project or new - consulate compound project that does not utilize a standardized - design for the structural, spatial, or security requirements of - such embassy compound or consulate compound, as the case may - be. - - TITLE III--PERSONNEL ISSUES - -SEC. 14301. DEFENSE BASE ACT INSURANCE WAIVERS. - - (a) Application for Waivers.--Not later than 30 days after the date -of the enactment of this Act, the Secretary shall apply to the -Department of Labor for a waiver from insurance requirements under the -Defense Base Act (42 U.S.C. 1651 et seq.) for all countries with -respect to which the requirement was waived prior to January 2017, and -for which there is not currently a waiver. - (b) Certification Requirement.--Not later than 45 days after the -date of the enactment of this Act, the Secretary shall certify to the -appropriate congressional committees that the requirement in subsection -(a) has been met. - -SEC. 14302. STUDY ON FOREIGN SERVICE ALLOWANCES. - - (a) Report Required.-- - (1) In general.--Not later than 270 days after date of the - enactment of this Act, the Secretary shall submit to the - appropriate congressional committees a report detailing an - empirical analysis on the effect of overseas allowances on the - foreign assignment of Foreign Service officers (FSOs), to be - conducted by a federally-funded research and development center - with appropriate expertise in labor economics and military - compensation. - (2) Contents.--The analysis required under paragraph (1) - shall-- - (A) identify all allowances paid to FSOs assigned - permanently or on temporary duty to foreign areas; - (B) examine the efficiency of the Foreign Service - bidding system in determining foreign assignments; - (C) examine the factors that incentivize FSOs to - bid on particular assignments, including danger levels - and hardship conditions; - (D) examine the Department's strategy and process - for incentivizing FSOs to bid on assignments that are - historically in lower demand, including with monetary - compensation, and whether monetary compensation is - necessary for assignments in higher demand; - (E) make any relevant comparisons to military - compensation and allowances, noting which allowances - are shared or based on the same regulations; - (F) recommend options for restructuring allowances - to improve the efficiency of the assignments system and - better align FSO incentives with the needs of the - Foreign Service, including any cost savings associated - with such restructuring; - (G) recommend any statutory changes necessary to - implement subparagraph (F), such as consolidating - existing legal authorities for the provision of - hardship and danger pay; and - (H) detail any effects of recommendations made - pursuant to subparagraphs (F) and (G) on other United - States Government departments and agencies with - civilian employees permanently assigned or on temporary - duty in foreign areas, following consultation with such - departments and agencies. - (b) Briefing Requirement.--Before initiating the analysis required -under subsection (a)(1), and not later than 60 days after the date of -the enactment of this Act, the Secretary shall provide to the Committee -on Foreign Relations of the Senate and the Committee on Foreign Affairs -in the House of Representatives a briefing on the implementation of -this section that includes the following: - (1) The name of the federally funded research and - development center that will conduct such analysis. - (2) The scope of such analysis and terms of reference for - such analysis as specified between the Department and such - federally funded research and development center. - (c) Availability of Information.-- - (1) In general.--The Secretary shall make available to the - federally-funded research and development center carrying out - the analysis required under subsection (a)(1) all necessary and - relevant information to allow such center to conduct such - analysis in a quantitative and analytical manner, including - historical data on the number of bids for each foreign - assignment and any survey data collected by the Department from - eligible bidders on their bid decision-making. - (2) Cooperation.--The Secretary shall work with the heads - of other relevant United States Government departments and - agencies to ensure such departments and agencies provide all - necessary and relevant information to the federally-funded - research and development center carrying out the analysis - required under subsection (a)(1). - (d) Interim Report to Congress.--The Secretary shall require that -the chief executive officer of the federally-funded research and -development center that carries out the analysis required under -subsection (a)(1) submit to the Committee on Foreign Relations of the -Senate and the Committee on Foreign Affairs of the House of -Representatives an interim report on such analysis not later than 120 -days after the date of the enactment of this Act. - -SEC. 14303. SCIENCE AND TECHNOLOGY FELLOWSHIPS. - - Section 504 of the Foreign Relations Authorization Act, Fiscal Year -1979 (22 U.S.C. 2656d) is amended by adding at the end the following -new subsection: - ``(e) Grants and Cooperative Agreements Related to Science and -Technology Fellowship Programs.-- - ``(1) In general.--The Secretary is authorized to make - grants or enter into cooperative agreements related to - Department of State science and technology fellowship programs, - including for assistance in recruiting fellows and the payment - of stipends, travel, and other appropriate expenses to fellows. - ``(2) Exclusion from consideration as compensation.-- - Stipends under paragraph (1) shall not be considered - compensation for purposes of section 209 of title 18, United - States Code. - ``(3) Maximum annual amount.--The total amount of grants - made pursuant to this subsection may not exceed $500,000 in any - fiscal year.''. - -SEC. 14304. TRAVEL FOR SEPARATED FAMILIES. - - Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C. -4081(15)) is amended-- - (1) in the matter preceding subparagraph (A), by striking - ``1 round-trip per year for each child below age 21 of a member - of the Service assigned abroad'' and inserting ``in the case of - one or more children below age 21 of a member of the Service - assigned abroad, 1 round-trip per year''; - (2) in subparagraph (A)-- - (A) by inserting ``for each child'' before ``to - visit the member abroad''; and - (B) by striking ``; or'' and inserting a comma; - (3) in subparagraph (B)-- - (A) by inserting ``for each child'' before ``to - visit the other parent''; and - (B) by inserting ``or'' after ``resides,''; - (4) by inserting after subparagraph (B) the following new - subparagraph: - ``(C) for one of the child's parents to visit the - child or children abroad if the child or children do - not regularly reside with that parent and that parent - is not receiving an education allowance or educational - travel allowance for the child or children under - section 5924(4) of title 5, United States Code,''; and - (5) in the matter following subparagraph (C), as added by - paragraph (4) of this section, by striking ``a payment'' and - inserting ``the cost of round-trip travel''. - -SEC. 14305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES. - - Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C. -4083(b)) is amended by adding at the end the following new sentence: -``In cases in which the family members of a member of the Service -reside apart from the member at authorized locations outside the United -States because they are prevented by official order from residing with -the member at post, the member may take the leave ordered under this -section where that member's family members reside, notwithstanding -section 6305 of title 5, United States Code.''. - -SEC. 14306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS. - - It is the sense of Congress that Department fellowships that -promote the employment of candidates belonging to under-represented -groups, including the Charles B. Rangel International Affairs Graduate -Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship -Program, and the Donald M. Payne International Development Fellowship -Program, represent smart investments vital for building a strong, -capable, and representative national security workforce. - -SEC. 14307. TECHNICAL CORRECTION. - - Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of -1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause -(i), by-- - (1) striking ``promotion'' and inserting ``promotion, on or - after January 1, 2017,''; and - (2) striking ``individual joining the Service on or after - January 1, 2017,'' and inserting ``Foreign Service officer, - appointed under section 302(a)(1), who has general - responsibility for carrying out the functions of the Service''. - -SEC. 14308. FOREIGN SERVICE AWARDS. - - (a) In General.--Section 614 of the Foreign Service Act of 1980 (22 -U.S.C. 4013) is amended-- - (1) by amending the section heading to read as follows: - ``department awards''; and - (2) in the first sentence, by inserting ``or Civil - Service'' after ``the Service''. - (b) Conforming Amendment.--The item relating to section 614 in the -table of contents of the Foreign Service Act of 1980 is amended to read -as follows: - -``Sec. 614. Department awards.''. - -SEC. 14309. DIPLOMATIC PROGRAMS. - - (a) Sense of Congress on Workforce Recruitment.--It is the sense of -Congress that the Secretary should continue to hold entry-level classes -for Foreign Service officers and specialists and continue to recruit -civil servants through programs such as the Presidential Management -Fellows Program and Pathways Internship Programs in a manner and at a -frequency consistent with prior years and consistent with the need to -maintain a pool of experienced personnel effectively distributed across -skill codes and ranks. It is further the sense of Congress that absent -continuous recruitment and training of Foreign Service officers and -civil servants, the Department will lack experienced, qualified -personnel in the short, medium, and long terms. - (b) Limitation.--The Secretary may not implement any reduction-in- -force action under section 3502 or 3595 of title 5, United States Code, -or for any incentive payments for early separation or retirement under -any other provision of law unless-- - (1) the appropriate congressional committees are notified - not less than 15 days in advance of such obligation or - expenditure; and - (2) the Secretary has provided to the appropriate - congressional committees a detailed report that describes the - Department's strategic staffing goals, including-- - (A) a justification that describes how any proposed - workforce reduction enhances the effectiveness of the - Department; - (B) a certification that such workforce reduction - is in the national interest of the United States; - (C) a comprehensive strategic staffing plan for the - Department, including 5-year workforce forecasting and - a description of the anticipated impact of any proposed - workforce reduction; and - (D) a dataset displaying comprehensive workforce - data for all current and planned employees of the - Department, disaggregated by-- - (i) Foreign Service officer and Foreign - Service specialist rank; - (ii) civil service job skill code, grade - level, and bureau of assignment; - (iii) contracted employees, including the - equivalent job skill code and bureau of - assignment; and - (iv) employees hired under schedule C of - subpart C of part 213 of title 5, Code of - Federal Regulations, including their equivalent - grade and job skill code and bureau of - assignment. - -SEC. 14310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE - DEPARTMENT OF STATE. - - It is the sense of Congress that-- - (1) the Department should continue to promote the - employment of veterans, in accordance with section 301 of the - Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by - section 14407 of this Act, including those veterans belonging - to traditionally underrepresented groups at the Department; - (2) veterans employed by the Department have made - significant contributions to United States foreign policy in a - variety of regional and global affairs bureaus and diplomatic - posts overseas; and - (3) the Department should continue to encourage veteran - employment and facilitate their participation in the workforce. - -SEC. 14311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS. - - (a) Sense of Congress.--It is the sense of Congress that the -Department should expand the appeal process it makes available to -employees related to assignment preclusions and restrictions. - (b) Appeal of Assignment Restriction or Preclusion.--Section -502(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 3982(a)(2)), as -amended by section 14110 of this Act, is further amended by adding at -the end the following new sentences: ``Any employee subjected to an -assignment restriction or preclusion shall have the same appeal rights -as provided by the Department regarding denial or revocation of a -security clearance. Any such appeal shall be resolved not later than 60 -days after such appeal is filed.''. - (c) Notice and Certification.--Not later than 90 days after the -date of the enactment of this Act, the Secretary shall revise, and -certify to the appropriate congressional committees regarding such -revision, the Foreign Affairs Manual guidance regarding denial or -revocation of a security clearance to expressly state that all review -and appeal rights relating thereto shall also apply to any -recommendation or decision to impose an assignment restriction or -preclusion to an employee. - -SEC. 14312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS. - - (a) Sense of Congress.--It is the sense of Congress that-- - (1) career Department employees provide invaluable service - to the United States as nonpartisan professionals who - contribute subject matter expertise and professional skills to - the successful development and execution of United States - foreign policy; and - (2) reemployment of skilled former members of the Foreign - and civil service who have voluntarily separated from the - Foreign or civil service due to family reasons or to obtain - professional skills outside government is of benefit to the - Department. - (b) Reemployment.--Subsection (b) of section 308 of the Foreign -Service Act of 1980 (22 U.S.C. 3948) is amended by adding at the end -the following new sentence: ``Former career tenured members of the -Service seeking reappointment, if separated for other than cause for up -to 4 years prior to the date of the enactment of this sentence, shall -be eligible to participate in the regular assignment bidding process -without restriction and shall not be required to accept a directed -first assignment upon reappointment.''. - (c) Notice of Employment Opportunities.-- - (1) In general.--Title 5, United States Code, is amended by - inserting after chapter 102 the following new chapter: - - ``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF - STATE AND USAID POSITIONS - -``Sec. 10301. Notice of employment opportunities for department of - state and usaid positions - ``To ensure that individuals who have separated from the Department -of State or the United States Agency for International Development and -who are eligible for reappointment are aware of such opportunities, the -Department of State and the United States Agency for International -Development shall publicize notice of all employment opportunities, -including positions for which the relevant agency is accepting -applications from individuals within the agency's workforce under merit -promotion procedures, on publicly accessible sites, including -www.usajobs.gov. If using merit promotion procedures, the notice shall -expressly state that former employees eligible for reinstatement may -apply.''. - (2) Clerical amendment.--The table of sections for subpart - I of title 5, United States Code, is amended by adding at the - end the following: - -``10301. Notice of employment opportunities for Department of State and - USAID positions''. - -SEC. 14313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT. - - (a) In General.--Not later than 18 months after the date of the -enactment of this Act, the Secretary shall submit to the appropriate -congressional committees a comprehensive 5-year strategic staffing plan -for the Department that is aligned with and furthers the objectives of -the National Security Strategy of the United States of America issued -in December 2017, or any subsequent strategy issued not later than 18 -months after the date of the enactment of this Act, which shall include -the following: - (1) A dataset displaying comprehensive workforce data, - including all shortages in bureaus described in GAO report GAO- - 19-220, for all current and planned employees of the - Department, disaggregated by-- - (A) Foreign Service officer and Foreign Service - specialist rank; - (B) civil service job skill code, grade level, and - bureau of assignment; - (C) contracted employees, including the equivalent - job skill code and bureau of assignment; and - (D) employees hired under schedule C of subpart C - of part 213 of title 5, Code of Federal Regulations, - including the equivalent grade and job skill code and - bureau of assignment of such employee. - (2) Recommendations on the number of Foreign Service - officers disaggregated by service cone that should be posted at - each United States diplomatic post and in the District of - Columbia, with a detailed basis for such recommendations. - (3) Recommendations on the number of civil service officers - that should be employed by the Department, with a detailed - basis for such recommendations. - (b) Maintenance.--The dataset required under subsection (a)(1) -shall be maintained and updated on a regular basis. - (c) Consultation.--The Secretary shall lead the development of the -plan required under subsection (a) but may consult or partner with -private sector entities with expertise in labor economics, management, -or human resources, as well as organizations familiar with the demands -and needs of the Department's workforce. - (d) Report.--Not later than 120 days after the date of the -enactment of this Act, the Secretary of State shall submit to the -appropriate congressional committees a report regarding root causes of -Foreign Service and civil service shortages, the effect of such -shortages on national security objectives, and the Department's plan to -implement recommendations described in GAO-19-220. - -SEC. 14314. CONSULTING SERVICES. - - (a) In General.--Chapter 103 of title 5, United States Code, as -added by section 14312 of this Act, is amended by adding at the end the -following: -``Sec. 10302. Consulting services for the Department of State - ``Any consulting service obtained by the Department of State -through procurement contract pursuant to section 3109 of title 5, -United States Code, shall be limited to those contracts with respect to -which expenditures are a matter of public record and available for -public inspection, except if otherwise provided under existing law, or -under existing Executive order issued pursuant to existing law.''. - (b) Clerical Amendment.--The table of sections for subpart I of -title 5, United States Code, is amended by adding after the item -relating to section 10302 the following new item: - -``10302. Consulting services for the Department of State''. - -SEC. 14315. INCENTIVES FOR CRITICAL POSTS. - - Section 1115(d) of the Supplemental Appropriations Act, 2009 -(Public Law 111-32) is amended by striking the last sentence. - -SEC. 14316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW - BOARDS. - - Section 301(a)(3) of the Omnibus Diplomatic Security and -Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended-- - (1) in the heading, by striking ``afghanistan and'' and - inserting ``afghanistan, yemen, syria, and''; and - (2) in subparagraph (A)-- - (A) in clause (i), by striking ``Afghanistan or'' - and inserting ``Afghanistan, Yemen, Syria, or''; and - (B) in clause (ii), by striking ``beginning on - October 1, 2005, and ending on September 30, 2009'' and - inserting ``beginning on October 1, 2020, and ending on - September 30, 2022''. - -SEC. 14317. FOREIGN SERVICE SUSPENSION WITHOUT PAY. - - Subsection (c) of section 610 of the Foreign Service Act of 1980 -(22 U.S.C. 4010) is amended-- - (1) in paragraph (1), in the matter preceding subparagraph - (A), by striking ``suspend'' and inserting ``indefinitely - suspend without duties''; - (2) by redesignating paragraph (5) as paragraph (7); - (3) by inserting after paragraph (4) the following new - paragraphs: - ``(5) Any member of the Service suspended from duties under - this subsection may be suspended without pay only after a final - written decision is provided to such member under paragraph - (2). - ``(6) If no final written decision under paragraph (2) has - been provided within 1 calendar year of the date the suspension - at issue was proposed, not later than 30 days thereafter the - Secretary of State shall report to the Committee on Foreign - Affairs of the House of Representatives and the Committee on - Foreign Relations of the Senate in writing regarding the - specific reasons for such delay.''; and - (4) in paragraph (7), as so redesignated-- - (A) by striking ``(7) In this subsection:''; - (B) in subparagraph (A), by striking ``(A) The - term'' and inserting the following: - ``(7) In this subsection, the term''; - (C) by striking subparagraph (B) (relating to the - definition of ``suspend'' and ``suspension''); and - (D) by redesignating clauses (i) and (ii) as - subparagraphs (A) and (B), respectively; and moving - such subparagraphs 2 ems to the left. - -SEC. 14318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK - CHANGES. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act and every 180 days thereafter for 5 years, the -Secretary shall submit to the appropriate congressional committees a -report detailing all changes made to the Foreign Affairs Manual or the -Foreign Affairs Handbook. - (b) Covered Periods.--The first report required under subsection -(a) shall cover the 5-year period preceding the submission of such -report. Each subsequent report shall cover the 180-day period preceding -submission. - (c) Contents.--Each report required under subsection (a) shall -contain the following: - (1) The location within the Foreign Affairs Manual or the - Foreign Affairs Handbook where a change has been made. - (2) The statutory basis for each such change. - (3) A side-by-side comparison of the Foreign Affairs Manual - or Foreign Affairs Handbook before and after such change. - (4) A summary of such changes displayed in spreadsheet - form. - -SEC. 14319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS - OF CERTAIN POSITIONS. - - The Secretary of State may waive any or all of the individual -occupational requirements with respect to an employee or prospective -employee of the Department of State for a civilian position categorized -under the GS-0130 occupational series if the Secretary determines that -the individual possesses significant scientific, technological, -engineering, or mathematical expertise that is integral to performing -the duties of the applicable position, based on demonstrated job -performance and qualifying experience. With respect to each waiver -granted under this subsection, the Secretary shall set forth in a -written document that is transmitted to the Director of the Office of -Personnel Management the rationale for the decision of the Secretary to -waive such requirements. - -SEC. 14320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER. - - The Secretary may appoint, for a 3-year period that may be extended -for up to an additional 2 years, solely to carry out the functions of -the Global Engagement Center, employees of the Department without -regard to the provisions of title 5, United States Code, governing -appointment in the competitive service, and may fix the basic -compensation of such employees without regard to chapter 51 and -subchapter III of chapter 53 of such title. - -SEC. 14321. REST AND RECUPERATION AND OVERSEAS OPERATIONS LEAVE FOR - FEDERAL EMPLOYEES. - - (a) In General.--Subchapter II of chapter 63 of title 5, United -States Code, is amended by adding at the end the following new -sections: -``Sec. 6329d. Rest and recuperation leave - ``(a) Definitions.--In this section-- - ``(1) the term `agency' means an Executive agency (as that - term is defined in section 105), but does not include the - Government Accountability Office; - ``(2) the term `combat zone' means a geographic area - designated by an Executive order of the President as an area in - which the Armed Forces are engaging or have engaged in combat, - an area designated by law to be treated as a combat zone, or a - location the Department of Defense has certified for combat - zone tax benefits due to its direct support of military - operations; - ``(3) the term `employee' has the meaning given that term - in section 6301; - ``(4) the term `high risk, high threat post' has the - meaning given that term in section 104 of the Omnibus - Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. - 4803); and - ``(5) the term `leave year' means the period beginning on - the first day of the first complete pay period in a calendar - year and ending on the day immediately before the first day of - the first complete pay period in the following calendar year. - ``(b) Leave for Rest and Recuperation.--The head of an agency may -prescribe regulations to grant up to 20 days of paid leave, per leave -year, for the purposes of rest and recuperation to an employee of the -agency serving in a combat zone, any other high risk, high threat post, -or any other location presenting significant security or operational -challenges. - ``(c) Discretionary Authority of Agency Head.--Use of the authority -under subsection (b) is at the sole and exclusive discretion of the -head of the agency concerned. - ``(d) Records.--An agency shall record leave provided under this -section separately from leave authorized under any other provision of -law. -``Sec. 6329e. Overseas operations leave - ``(a) Definitions.--In this section-- - ``(1) the term `agency' means an Executive agency (as that - term is defined in section 105), but does not include the - Government Accountability Office; - ``(2) the term `employee' has the meaning given that term - in section 6301; and - ``(3) the term `leave year' means the period beginning with - the first day of the first complete pay period in a calendar - year and ending with the day immediately before the first day - of the first complete pay period in the following calendar - year. - ``(b) Leave for Overseas Operations.--The head of an agency may -prescribe regulations to grant up to 10 days of paid leave, per leave -year, to an employee of the agency serving abroad where the conduct of -business could pose potential security or safety related risks or would -be inconsistent with host-country practice. Such regulations may -provide that additional leave days may be granted during such leave -year if the head of the agency determines that to do so is necessary to -advance the national security or foreign policy interests of the United -States. - ``(c) Discretionary Authority of Agency Head.--Use of the authority -under subsection (b) is at the sole and exclusive discretion of the -head of the agency concerned. - ``(d) Records.--An agency shall record leave provided under this -section separately from leave authorized under any other provision of -law.''. - (b) Clerical Amendments.--The table of sections at the beginning of -such chapter is amended by inserting after the item relating to section -6329c the following new items: - -``6329d. Rest and recuperation leave -``6329e. Overseas operations leave''. - - TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION - -SEC. 14401. DEFINITIONS. - - In this title: - (1) Applicant flow data.--The term ``applicant flow data'' - means data that tracks the rate of applications for job - positions among demographic categories. - (2) Demographic data.--The term ``demographic data'' means - facts or statistics relating to the demographic categories - specified in the Office of Management and Budget statistical - policy directive entitled ``Standards for Maintaining, - Collecting, and Presenting Federal Data on Race and Ethnicity'' - (81 Fed. Reg. 67398). - (3) Diversity.--The term ``diversity'' means those classes - of persons protected under the Civil Rights Act of 1964 (42 - U.S.C. 2000a et seq.) and the Americans with Disabilities Act - of 1990 (42 U.S.C. 12101 et seq.). - (4) Workforce.--The term ``workforce'' means-- - (A) individuals serving in a position in the civil - service (as defined in section 2101 of title 5, United - States Code); - (B) individuals who are members of the Foreign - Service (as defined in section 103 of the Foreign - Service Act of 1980 (22 U.S.C. 3902)); - (C) all individuals serving under a personal - services agreement or personal services contract; - (D) all individuals serving under a Foreign Service - Limited appointment under section 309 of the Foreign - Service Act of 1980; or - (E) individuals working in the Department of State - under any other authority. - -SEC. 14402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA. - - (a) Initial Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary shall, in consultation with the -Director of the Office of Personnel Management and the Director of the -Office of Management and Budget, submit to the appropriate -congressional committees a report, which shall also be posted on a -publicly available website of the Department in a searchable database -format, that includes disaggregated demographic data and other -information regarding the diversity of the workforce of the Department. - (b) Data.--The report under subsection (a) shall include the -following data: - (1) Demographic data on each element of the workforce of - the Department, disaggregated by rank and grade or grade- - equivalent, with respect to the following groups: - (A) Applicants for positions in the Department. - (B) Individuals hired to join the workforce. - (C) Individuals promoted during the 2-year period - ending on the date of the enactment of this Act, - including promotions to and within the Senior Executive - Service or the Senior Foreign Service. - (D) Individuals serving on applicable selection - boards. - (E) Members of any external advisory committee or - board who are subject to appointment by individuals at - senior positions in the Department. - (F) Individuals participating in professional - development programs of the Department, and the extent - to which such participants have been placed into senior - positions within the Department after such - participation. - (G) Individuals participating in mentorship or - retention programs. - (H) Individuals who separated from the agency - during the 2-year period ending on the date of the - enactment of this Act, including individuals in the - Senior Executive Service or the Senior Foreign Service. - (2) An assessment of agency compliance with the essential - elements identified in Equal Employment Opportunity Commission - Management Directive 715, effective October 1, 2003. - (3) Data on the overall number of individuals who are part - of the workforce, the percentages of such workforce - corresponding to each element listed in section 14401(4), and - the percentages corresponding to each rank, grade, or grade- - equivalent. - (c) Recommendation.--The Secretary may include in the report under -subsection (a) a recommendation to the Director of Office of Management -and Budget and to the appropriate congressional committees regarding -whether the Department should collect more detailed data on demographic -categories in addition to the race and ethnicity categories specified -in the Office of Management and Budget statistical policy directive -entitled ``Standards for Maintaining, Collecting, and Presenting -Federal Data on Race and Ethnicity'' (81 Fed. Reg. 67398). - (d) Other Contents.--The report under subsection (a) shall also -describe and assess the effectiveness of the efforts of the -Department-- - (1) to propagate fairness, impartiality, and inclusion in - the work environment, both domestically and abroad; - (2) to enforce anti-harassment and anti-discrimination - policies, both domestically and at posts overseas; - (3) to refrain from engaging in unlawful discrimination in - any phase of the employment process, including recruitment, - hiring, evaluation, assignments, promotion, retention, and - training; - (4) to prevent illegal retaliation against employees for - participating in a protected equal employment opportunity - activity or for reporting sexual harassment or sexual assault; - (5) to provide reasonable accommodation for qualified - employees and applicants with disabilities; and - (6) to recruit a representative workforce by-- - (A) recruiting women and minorities; - (B) recruiting at women's colleges, historically - Black colleges and universities, minority-serving - institutions, and other institutions serving a - significant percentage of minority students; - (C) placing job advertisements in newspapers, - magazines, and job sites oriented toward women and - minorities; - (D) sponsoring and recruiting at job fairs in urban - and rural communities and land-grant colleges or - universities; - (E) providing opportunities through the Foreign - Service Internship Program under chapter 12 of the - Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.) - and other hiring initiatives; - (F) recruiting mid-level and senior-level - professionals through programs designed to increase - minority representation in international affairs; - (G) offering the Foreign Service written and oral - assessment examinations in several locations throughout - the United States to reduce the burden of applicants - having to travel at their own expense to take either or - both such examinations; - (H) expanding the use of paid internships; and - (I) supporting recruiting and hiring opportunities - through-- - (i) the Charles B. Rangel International - Affairs Fellowship Program; - (ii) the Thomas R. Pickering Foreign - Affairs Fellowship Program; - (iii) the Donald M. Payne International - Development Fellowship Program; and - (iv) other initiatives, including agency- - wide policy initiatives. - (e) Annual Updates.--Not later than 1 year after the publication of -the report required under subsection (a) and annually thereafter for -the following 5 years, the Secretary shall work with the Director of -the Office of Personnel Management and the Director of the Office of -Management and Budget to provide a report to the appropriate -congressional committees, which shall be posted on the Department's -website, which may be included in another annual report required under -another provision of law, that includes-- - (1) disaggregated demographic data relating to the - workforce and information on the status of diversity and - inclusion efforts of the Department; - (2) an analysis of applicant flow data; and - (3) disaggregated demographic data relating to participants - in professional development programs of the Department and the - rate of placement into senior positions for participants in - such programs. - -SEC. 14403. EXIT INTERVIEWS FOR WORKFORCE. - - (a) Retained Members.--The Director General of the Foreign Service -and the Director of Human Resources of the Department shall conduct -periodic interviews with a representative and diverse cross-section of -the workforce of the Department-- - (1) to understand the reasons of individuals in such - workforce for remaining in a position in the Department; and - (2) to receive feedback on workplace policies, professional - development opportunities, and other issues affecting the - decision of individuals in the workforce to remain in the - Department. - (b) Departing Members.--The Director General of the Foreign Service -and the Director of Human Resources shall provide an opportunity for an -exit interview to each individual in the workforce of the Department -who separates from service with the Department to better understand the -reasons of such individual for leaving such service. - (c) Use of Analysis From Interviews.--The Director General of the -Foreign Service and the Director of Human Resources shall analyze -demographic data and other information obtained through interviews -under subsections (a) and (b) to determine-- - (1) to what extent, if any, the diversity of those - participating in such interviews impacts the results; and - (2) whether to implement any policy changes or include any - recommendations in a report required under subsection (a) or - (e) of section 14402 relating to the determination reached - pursuant to paragraph (1). - (d) Tracking Data.--The Department shall-- - (1) track demographic data relating to participants in - professional development programs and the rate of placement - into senior positions for participants in such programs; - (2) annually evaluate such data-- - (A) to identify ways to improve outreach and - recruitment for such programs, consistent with merit - system principles; and - (B) to understand the extent to which participation - in any professional development program offered or - sponsored by the Department differs among the - demographic categories of the workforce; and - (3) actively encourage participation from a range of - demographic categories, especially from categories with - consistently low participation, in such professional - development programs. - -SEC. 14404. RECRUITMENT AND RETENTION. - - (a) In General.--The Secretary shall-- - (1) continue to seek a diverse and talented pool of - applicants; and - (2) instruct the Director General of the Foreign Service - and the Director of the Bureau of Human Resources of the - Department to have a recruitment plan of action for the - recruitment of people belonging to traditionally under- - represented groups, which should include outreach at - appropriate colleges, universities, affinity groups, and - professional associations. - (b) Scope.--The diversity recruitment initiatives described in -subsection (a) shall include-- - (1) recruiting at women's colleges, historically Black - colleges and universities, minority-serving institutions, and - other institutions serving a significant percentage of minority - students; - (2) placing job advertisements in newspapers, magazines, - and job sites oriented toward diverse groups; - (3) sponsoring and recruiting at job fairs in urban and - rural communities and land-grant colleges or universities; - (4) providing opportunities through highly respected, - international leadership programs, that focus on diversity - recruitment and retention; - (5) expanding the use of paid internships; and - (6) cultivating partnerships with organizations dedicated - to the advancement of the profession of international affairs - and national security to advance shared diversity goals. - (c) Expand Training on Anti-Harassment and Anti-Discrimination.-- - (1) In general.--The Secretary shall, through the Foreign - Service Institute and other educational and training - opportunities-- - (A) ensure the provision to all individuals in the - workforce of training on anti-harassment and anti- - discrimination information and policies, including in - existing Foreign Service Institute courses or modules - prioritized in the Department's Diversity and Inclusion - Strategic Plan for 2016-2020 to promote diversity in - Bureau awards or mitigate unconscious bias; - (B) expand the provision of training on workplace - rights and responsibilities to focus on anti-harassment - and anti-discrimination information and policies, - including policies relating to sexual assault - prevention and response; and - (C) make such expanded training mandatory for-- - (i) individuals in senior and supervisory - positions; - (ii) individuals having responsibilities - related to recruitment, retention, or promotion - of employees; and - (iii) any other individual determined by - the Department who needs such training based on - analysis by the Department or OPM analysis. - (2) Best practices.--The Department shall give special - attention to ensuring the continuous incorporation of research- - based best practices in training provided under this - subsection. - -SEC. 14405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. - - (a) Reward and Recognize Efforts To Promote Diversity and -Inclusion.-- - (1) In general.--The Secretary shall implement performance - and advancement requirements that reward and recognize the - efforts of individuals in senior positions and supervisors in - the Department in fostering an inclusive environment and - cultivating talent consistent with merit system principles, - such as through participation in mentoring programs or - sponsorship initiatives, recruitment events, and other similar - opportunities. - (2) Outreach events.--The Secretary shall create - opportunities for individuals in senior positions and - supervisors in the Department to participate in outreach events - and to discuss issues relating to diversity and inclusion with - the workforce on a regular basis, including with employee - resource groups. - (b) External Advisory Committees and Boards.--For each external -advisory committee or board to which individuals in senior positions in -the Department appoint members, the Secretary is strongly encouraged by -Congress to ensure such external advisory committee or board is -developed, reviewed, and carried out by qualified teams that represent -the diversity of the organization. - -SEC. 14406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS. - - (a) Expand Provision of Professional Development and Career -Advancement Opportunities.-- - (1) In general.--The Secretary is authorized to expand - professional development opportunities that support the mission - needs of the Department, such as-- - (A) academic programs; - (B) private-public exchanges; and - (C) detail assignments to relevant positions in-- - (i) private or international organizations; - (ii) State, local, and Tribal governments; - (iii) other branches of the Federal - Government; or - (iv) professional schools of international - affairs. - (2) Training for senior positions.-- - (A) In general.--The Secretary shall offer, or - sponsor members of the workforce to participate in, a - Senior Executive Service candidate development program - or other program that trains members on the skills - required for appointment to senior positions in the - Department. - (B) Requirements.--In determining which members of - the workforce are granted professional development or - career advancement opportunities under subparagraph - (A), the Secretary shall-- - (i) ensure any program offered or sponsored - by the Department under such subparagraph - comports with the requirements of subpart C of - part 412 of title 5, Code of Federal - Regulations, or any successor thereto, - including merit staffing and assessment - requirements; - (ii) consider the number of expected - vacancies in senior positions as a factor in - determining the number of candidates to select - for such programs; - (iii) understand how participation in any - program offered or sponsored by the Department - under such subparagraph differs by gender, - race, national origin, disability status, or - other demographic categories; and - (iv) actively encourage participation from - a range of demographic categories, especially - from categories with consistently low - participation. - -SEC. 14407. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE. - - (a) Sense of Congress.--It is the sense of Congress that the -Department should offer both the Foreign Service written examination -and oral assessment in more locations throughout the United States. -Doing so would ease the financial burden on potential candidates who do -not currently reside in and must travel at their own expense to one of -the few locations where these assessments are offered. - (b) Foreign Service Examinations.--Section 301(b) of the Foreign -Service Act of 1980 (22 U.S.C. 3941) is amended-- - (1) by striking ``The Secretary'' and inserting: ``(1) The - Secretary''; and - (2) by adding at the end the following new paragraph: - ``(2) The Secretary shall ensure that the Board of Examiners for -the Foreign Service annually offers the oral assessment examinations -described in paragraph (1) in cities, chosen on a rotating basis, -located in at least three different time zones across the United -States.''. - -SEC. 14408. PAYNE FELLOWSHIP AUTHORIZATION. - - (a) In General.--Undergraduate and graduate components of the -Donald M. Payne International Development Fellowship Program may -conduct outreach to attract outstanding students with an interest in -pursuing a Foreign Service career who represent diverse ethnic and -socioeconomic backgrounds. - (b) Review of Past Programs.--The Secretary shall review past -programs designed to increase minority representation in international -affairs positions. - -SEC. 14409. VOLUNTARY PARTICIPATION. - - (a) In General.--Nothing in this title should be construed so as to -compel any employee to participate in the collection of the data or -divulge any personal information. Department employees shall be -informed that their participation in the data collection contemplated -by this title is voluntary. - (b) Privacy Protection.--Any data collected under this title shall -be subject to the relevant privacy protection statutes and regulations -applicable to Federal employees. - - TITLE V--INFORMATION SECURITY - -SEC. 14501. DEFINITIONS. - - In this title: - (1) Information system.--The term ``information system'' - has the meaning given such term in section 3502 of title 44, - United States Code. - (2) Intelligence community.--The term ``intelligence - community'' has the meaning given such term in section 3(4) of - the National Security Act of 1947 (50 U.S.C. 3003(4)). - (3) Relevant congressional committees.--The term ``relevant - congressional committees'' means-- - (A) the appropriate congressional committees; - (B) the Select Committee on Intelligence of the - Senate; and - (C) the Permanent Select Committee on Intelligence - of the House of Representatives. - -SEC. 14502. INFORMATION SYSTEM SECURITY. - - (a) Definitions.--In this section: - (1) Incident.--The term ``incident'' has the meaning given - such term in section 3552(b) of title 44, United States Code. - (2) Penetration test.--The term ``penetration test'' means - a test methodology in which assessors attempt to circumvent or - defeat the security features of an information system. - (b) Consultations Process.--Not later than 60 days after the date -of the enactment of this Act, the Secretary shall establish a process -for conducting semiannual consultations with the Secretary of Defense, -the Director of National Intelligence, the Secretary of Homeland -Security, and any other department or agency representative who the -Secretary determines to be appropriate regarding the security of United -States Government and nongovernmental information systems used or -operated by the Department, a contractor of the Department, or another -organization on behalf of the Department, including any such systems or -networks facilitating the use of sensitive or classified information. - (c) Independent Penetration Testing of Information Systems.--In -coordination with the consultations under subsection (b), the Secretary -shall commission independent, semiannual penetration tests, which shall -be carried out by an appropriate Federal department or agency other -than the Department, such as the Department of Homeland Security or the -National Security Agency, to ensure that adequate policies and -protections are implemented to detect and prevent penetrations or -compromises of such information systems, including malicious intrusions -by any unauthorized individual, state actor, or other entity. - (d) Waiver.--The Secretary may waive the requirement under -subsection (c) for up to 1 year if the Secretary-- - (1) determines that such requirement would have adverse - effects on national security or the diplomatic mission of the - Department; and - (2) not later than 30 days after the commencement of such a - determination, submits to the relevant congressional committees - a written justification that describes how such penetration - tests would undermine national security or the diplomatic - mission of the Department. - (e) Incident Reporting.--Not later than 180 days after the date of -the enactment of this Act and annually thereafter for 3 years, the -Secretary, in consultation with the Secretary of Defense, the Director -of the National Intelligence, the Secretary of Homeland Security, and -any other department or agency representative who the Secretary -determines to be appropriate, shall securely submit to the relevant -congressional committees a classified report that describes in detail -the following: - (1) For the first reporting period, all known and suspected - incidents affecting the information systems specified in - subsection (b) that occurred during the 180-day period - immediately preceding the date of the enactment of this Act. - (2) For all subsequent reporting periods, all known and - suspected incidents affecting the information systems specified - in subsection (b) that occurred since the submission of the - most recent report. - (f) Contents.--Each report under subsection (e) shall include, for -the relevant reporting period, a summary overview addressing the -following: - (1) A description of the relevant information system, as - specified in subsection (b), that experienced a known or - suspected incident. - (2) An assessment of the date and time each such incident - occurred or was suspected to have occurred. - (3) An assessment of the duration over which each such - incident took place or is suspected of having taken place, - including whether such incident is ongoing. - (4) An assessment of the volume and sensitivity of - information accessed, compromised, or potentially compromised - by each incident, including any such information contained on - information systems owned, operated, managed, or utilized by - any other Federal department or agency. - (5) An assessment of whether such information system was - compromised by such incident, including an assessment of the - following: - (A) The known or suspected perpetrators, including - state actors. - (B) The methods used to carry out the incident. - (C) The known or suspected intent of the actors in - accessing the information system. - (6) A description of the actions the Department has taken - or plans to take, including timelines and descriptions of any - progress on plans described in prior reports, to prevent - future, similar incidents affecting such information systems. - -SEC. 14503. PROHIBITION ON CONTRACTING WITH CERTAIN TELECOMMUNICATIONS - PROVIDERS. - - (a) List of Covered Contractors.--Not later than 30 days after the -date of the enactment of this Act, the Secretary, in consultation with -the Director of National Intelligence, shall develop or maintain, as -the case may be, and update as frequently as the Secretary determines -appropriate, a list of covered contractors with respect to which the -prohibition specified in subsection (b) shall apply. Not later than 30 -days after the initial development of the list under this subsection, -any update thereto, and annually thereafter for 5 years after such -initial 30 day period, the Secretary shall submit to the appropriate -congressional committees a copy of such list. - (b) Prohibition on Contracts.--The Secretary may not enter into a -contract with a covered contractor on the list described in subsection -(a). - (c) Removal From List.--To be removed from the list described in -subsection (a), a covered contractor may submit a request to the -Secretary in such manner as the Secretary determines appropriate. The -Secretary, in consultation with the Director of National Intelligence, -shall determine a process for removing covered contractors from the -list, as appropriate, and publicly disclose such process. - (d) Waivers.-- - (1) In general.--The President or the Secretary may waive - the prohibition specified in subsection (b) if the President or - the Secretary determines that such waiver is justified for - national security reasons. - (2) Waiver for overseas operations.--The Secretary may - waive the prohibition specified in subsection (b) for United - States diplomatic posts or diplomatic personnel overseas if the - Secretary, in consultation with the Director of National - Intelligence, determines that no suitable alternatives are - available. - (e) Covered Contractor Defined.--In this section, the term -``covered contractor'' means a provider of telecommunications, -telecommunications equipment, or information technology equipment, -including hardware, software, or services, that has knowingly assisted -or facilitated a cyber attack or conducted surveillance, including -passive or active monitoring, carried out against-- - (1) the United States by, or on behalf of, any government, - or persons associated with such government, listed as a cyber - threat actor in the intelligence community's 2017 assessment of - worldwide threats to United States national security or any - subsequent worldwide threat assessment of the intelligence - community; or - (2) individuals, including activists, journalists, - opposition politicians, or other individuals for the purposes - of suppressing dissent or intimidating critics, on behalf of a - country included in the annual country reports on human rights - practices of the Department for systematic acts of political - repression, including arbitrary arrest or detention, torture, - extrajudicial or politically motivated killing, or other gross - violations of human rights. - (f) Effective Date.--This section shall apply with respect to -contracts of a covered contractor entered into on or after the date of -the enactment of this Act. - -SEC. 14504. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS CONDUCTED - RELATED TO OFFICIAL DUTIES OF POSITIONS IN THE PUBLIC - TRUST OF THE AMERICAN PEOPLE. - - (a) Sense of Congress.--It is the sense of Congress that, as a -matter of rule of law and transparency in a democratic government, all -officers and employees of the Department and the United States Agency -for International Development must preserve all records of -communications conducted in their official capacities or related to -their official duties with entities outside of the United States -Government. It is further the sense of Congress that such practice -should include foreign government officials or other foreign entities -which may seek to influence United States Government policies and -actions. - (b) Publication.--Not later than 180 days after the date of the -enactment of this Act, the Secretary shall publish in the Foreign -Affairs Manual guidance implementing chapter 31 of title 44, United -States Code (commonly referred to as the ``Federal Records Act''), to -treat electronic messaging systems, software, and applications as -equivalent to electronic mail for the purpose of identifying Federal -records, and shall also publish in the Foreign Affairs Manual the -statutory penalties for failure to comply with such guidance. No funds -are authorized to be appropriated or made available to the Department -of State under any Act to support the use or establishment of accounts -on third-party messaging applications or other non-Government online -communication tools if the Secretary does not certify to the relevant -congressional committees that the Secretary has carried out this -section. - -SEC. 14505. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND - DECLASSIFICATION. - - The State Department Basic Authorities Act of 1956 is amended-- - (1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by - striking ``26'' and inserting ``20''; and - (2) in section 404 (22 U.S.C. 4354)-- - (A) in subsection (a)(1), by striking ``30''and - inserting ``25''; and - (B) in subsection (c)(1)(C), by striking ``30'' and - inserting ``25''. - -SEC. 14506. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PILOT - PROGRAM. - - (a) Definitions.--In this section: - (1) Bug bounty program.--The term ``bug bounty program'' - means a program under which an approved individual, - organization, or company is temporarily authorized to identify - and report vulnerabilities of internet-facing information - technology of the Department in exchange for compensation. - (2) Department.--The term ``Department'' means the - Department of State. - (3) Information technology.--The term ``information - technology'' has the meaning given such term in section 11101 - of title 40, United States Code. - (4) Secretary.--The term ``Secretary'' means the Secretary - of State. - (b) Department of State Vulnerability Disclosure Process.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary shall design, - establish, and make publicly known a Vulnerability Disclosure - Process (VDP) to improve Department cybersecurity by-- - (A) providing security researchers with clear - guidelines for-- - (i) conducting vulnerability discovery - activities directed at Department information - technology; and - (ii) submitting discovered security - vulnerabilities to the Department; and - (B) creating Department procedures and - infrastructure to receive and fix discovered - vulnerabilities. - (2) Requirements.--In establishing the VDP pursuant to - paragraph (1), the Secretary shall-- - (A) identify which Department information - technology should be included in the process; - (B) determine whether the process should - differentiate among and specify the types of security - vulnerabilities that may be targeted; - (C) provide a readily available means of reporting - discovered security vulnerabilities and the form in - which such vulnerabilities should be reported; - (D) identify which Department offices and positions - will be responsible for receiving, prioritizing, and - addressing security vulnerability disclosure reports; - (E) consult with the Attorney General regarding how - to ensure that individuals, organizations, and - companies that comply with the requirements of the - process are protected from prosecution under section - 1030 of title 18, United States Code, and similar - provisions of law for specific activities authorized - under the process; - (F) consult with the relevant offices at the - Department of Defense that were responsible for - launching the 2016 Vulnerability Disclosure Program, - ``Hack the Pentagon'', and subsequent Department of - Defense bug bounty programs; - (G) engage qualified interested persons, including - nongovernmental sector representatives, about the - structure of the process as constructive and to the - extent practicable; and - (H) award contracts to entities, as necessary, to - manage the process and implement the remediation of - discovered security vulnerabilities. - (3) Annual reports.--Not later than 180 days after the - establishment of the VDP under paragraph (1) and annually - thereafter for the next 5 years, the Secretary of State shall - submit to the Committee on Foreign Affairs of the House of - Representatives and the Committee on Foreign Relations of the - Senate a report on the VDP, including information relating to - the following: - (A) The number and severity, in accordance with the - National Vulnerabilities Database of the National - Institute of Standards and Technology, of security - vulnerabilities reported. - (B) The number of previously unidentified security - vulnerabilities remediated as a result. - (C) The current number of outstanding previously - unidentified security vulnerabilities and Department of - State remediation plans. - (D) The average length of time between the - reporting of security vulnerabilities and remediation - of such vulnerabilities. - (E) The resources, surge staffing, roles, and - responsibilities within the Department used to - implement the VDP and complete security vulnerability - remediation. - (F) Any other information the Secretary determines - relevant. - (c) Department of State Bug Bounty Pilot Program.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Secretary shall establish a bug - bounty pilot program to minimize security vulnerabilities of - internet-facing information technology of the Department. - (2) Requirements.--In establishing the pilot program - described in paragraph (1), the Secretary shall-- - (A) provide compensation for reports of previously - unidentified security vulnerabilities within the - websites, applications, and other internet-facing - information technology of the Department that are - accessible to the public; - (B) award contracts to entities, as necessary, to - manage such pilot program and for executing the - remediation of security vulnerabilities identified - pursuant to subparagraph (A); - (C) identify which Department information - technology should be included in such pilot program; - (D) consult with the Attorney General on how to - ensure that individuals, organizations, or companies - that comply with the requirements of such pilot program - are protected from prosecution under section 1030 of - title 18, United States Code, and similar provisions of - law for specific activities authorized under such pilot - program; - (E) consult with the relevant offices at the - Department of Defense that were responsible for - launching the 2016 ``Hack the Pentagon'' pilot program - and subsequent Department of Defense bug bounty - programs; - (F) develop a process by which an approved - individual, organization, or company can register with - the entity referred to in subparagraph (B), submit to a - background check as determined by the Department, and - receive a determination as to eligibility for - participation in such pilot program; - (G) engage qualified interested persons, including - nongovernmental sector representatives, about the - structure of such pilot program as constructive and to - the extent practicable; and - (H) consult with relevant United States Government - officials to ensure that such pilot program complements - persistent network and vulnerability scans of the - Department of State's internet-accessible systems, such - as the scans conducted pursuant to Binding Operational - Directive BOD-15-01. - (3) Duration.--The pilot program established under - paragraph (1) should be short-term in duration and not last - longer than 1 year. - (4) Report.--Not later than 180 days after the date on - which the bug bounty pilot program under subsection (a) is - completed, the Secretary shall submit to the Committee on - Foreign Relations of the Senate and the Committee on Foreign - Affairs of the House of Representatives a report on such pilot - program, including information relating to-- - (A) the number of approved individuals, - organizations, or companies involved in such pilot - program, broken down by the number of approved - individuals, organizations, or companies that-- - (i) registered; - (ii) were approved; - (iii) submitted security vulnerabilities; - and - (iv) received compensation; - (B) the number and severity, in accordance with the - National Vulnerabilities Database of the National - Institute of Standards and Technology, of security - vulnerabilities reported as part of such pilot program; - (C) the number of previously unidentified security - vulnerabilities remediated as a result of such pilot - program; - (D) the current number of outstanding previously - unidentified security vulnerabilities and Department - remediation plans; - (E) the average length of time between the - reporting of security vulnerabilities and remediation - of such vulnerabilities; - (F) the types of compensation provided under such - pilot program; and - (G) the lessons learned from such pilot program. - - TITLE VI--PUBLIC DIPLOMACY - -SEC. 14601. SHORT TITLE. - - This title may be cited as the ``Public Diplomacy Modernization Act -of 2020''. - -SEC. 14602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS. - - The Secretary shall-- - (1) identify opportunities for greater efficiency of - operations, including through improved coordination of efforts - across public diplomacy bureaus and offices of the Department; - and - (2) maximize shared use of resources between, and within, - such public diplomacy bureaus and offices in cases in which - programs, facilities, or administrative functions are - duplicative or substantially overlapping. - -SEC. 14603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY. - - (a) Research and Evaluation Activities.--The Secretary, acting -through the Director of Research and Evaluation appointed pursuant to -subsection (b), shall-- - (1) conduct regular research and evaluation of public - diplomacy programs and activities of the Department, including - through the routine use of audience research, digital - analytics, and impact evaluations, to plan and execute such - programs and activities; and - (2) make available to Congress the findings of the research - and evaluations conducted under paragraph (1). - (b) Director of Research and Evaluation.-- - (1) Appointment.--Not later than 90 days after the date of - the enactment of this Act, the Secretary shall appoint a - Director of Research and Evaluation (referred to in this - subsection as the ``Director'') in the Office of Policy, - Planning, and Resources for Public Diplomacy and Public Affairs - of the Department. - (2) Limitation on appointment.--The appointment of the - Director pursuant to paragraph (1) shall not result in an - increase in the overall full-time equivalent positions within - the Department. - (3) Responsibilities.--The Director shall-- - (A) coordinate and oversee the research and - evaluation of public diplomacy programs and activities - of the Department in order to-- - (i) improve public diplomacy strategies and - tactics; and - (ii) ensure that such programs and - activities are increasing the knowledge, - understanding, and trust of the United States - by relevant target audiences; - (B) routinely organize and oversee audience - research, digital analytics, and impact evaluations - across all public diplomacy bureaus and offices of the - Department; - (C) support United States diplomatic posts' public - affairs sections; - (D) share appropriate public diplomacy research and - evaluation information within the Department and with - other appropriate Federal departments and agencies; - (E) regularly design and coordinate standardized - research questions, methodologies, and procedures to - ensure that public diplomacy programs and activities - across all public diplomacy bureaus and offices are - designed to meet appropriate foreign policy objectives; - and - (F) report biannually to the United States Advisory - Commission on Public Diplomacy, through the - Subcommittee on Research and Evaluation established - pursuant to subsection (f), regarding the research and - evaluation of all public diplomacy bureaus and offices. - (4) Guidance and training.--Not later than 1 year after the - appointment of the Director pursuant to paragraph (1), the - Director shall develop guidance and training, including - curriculum for use by the Foreign Service Institute, for all - public diplomacy officers of the Department regarding the - reading and interpretation of public diplomacy program and - activity evaluation findings to ensure that such findings and - related lessons learned are implemented in the planning and - evaluation of all public diplomacy programs and activities of - the Department. - (c) Prioritizing Research and Evaluation.-- - (1) In general.--The head of the Office of Policy, - Planning, and Resources for Public Diplomacy and Public Affairs - of the Department shall ensure that research and evaluation of - public diplomacy and activities of the Department, as - coordinated and overseen by the Director pursuant to subsection - (b), supports strategic planning and resource allocation across - all public diplomacy bureaus and offices of the Department. - (2) Allocation of resources.--Amounts allocated for the - purpose of research and evaluation of public diplomacy programs - and activities of the Department pursuant to subsection (b) - shall be made available to be disbursed at the direction of the - Director of Research and Evaluation among the research and - evaluation staff across all public diplomacy bureaus and - offices of the Department. - (3) Sense of congress.--It is the sense of Congress that - the Department should gradually increase its allocation of - funds made available under the headings ``Educational and - Cultural Exchange Programs'' and ``Diplomatic Programs'' for - research and evaluation of public diplomacy programs and - activities of the Department pursuant to subsection (b) to a - percentage of program funds that is commensurate with Federal - Government best practices. - (d) Limited Exemption Relating to the Privacy Act.-- - (1) In general.--The Department shall maintain, collect, - use, and disseminate records (as such term is defined in - section 552a(a)(4) of title 5, United States Code) for audience - research, digital analytics, and impact evaluation of - communications related to public diplomacy efforts intended for - foreign audiences. - (2) Conditions.--Audience research, digital analytics, and - impact evaluations under paragraph (1) shall be-- - (A) reasonably tailored to meet the purposes of - this subsection; and - (B) carried out with due regard for privacy and - civil liberties guidance and oversight. - (e) United States Advisory Commission on Public Diplomacy.-- - (1) Subcommittee for research and evaluation.--The United - States Advisory Commission on Public Diplomacy shall establish - a Subcommittee on Research and Evaluation to monitor and advise - regarding audience research, digital analytics, and impact - evaluations carried out by the Department and the United States - Agency for Global Media. - (2) Annual report.--The Subcommittee on Research and - Evaluation established pursuant to paragraph (1) shall submit - to the appropriate congressional committees an annual report, - in conjunction with the United States Advisory Commission on - Public Diplomacy's Comprehensive Annual Report on the - performance of the Department and the United States Agency for - Global Media, describing all actions taken by the Subcommittee - pursuant to paragraph (1) and any findings made as a result of - such actions. - -SEC. 14604. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY - COMMISSION ON PUBLIC DIPLOMACY. - - Section 1334 of the Foreign Affairs Reform and Restructuring Act of -1998 (22 U.S.C. 6553) is amended-- - (1) in the section heading, by striking ``sunset'' and - inserting ``continuation''; and - (2) by striking ``until October 1, 2020''. - -SEC. 14605. STREAMLINING OF SUPPORT FUNCTIONS. - - (a) Working Group Established.--Not later than 60 days after the -date of the enactment of this Act, the Secretary shall establish a -working group to explore the possibilities and cost-benefit analysis of -transitioning to a shared services model as such pertains to human -resources, travel, purchasing, budgetary planning, and all other -executive support functions for all bureaus of the Department that -report to the Under Secretary for Public Diplomacy of the Department. - (b) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary shall submit to the appropriate -congressional committees a plan to implement any such findings of the -working group established under subsection (a). - -SEC. 14606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of State shall adopt, and include -in the Foreign Affairs Manual, guidelines to collect and utilize -information from each diplomatic post at which the construction of a -new embassy compound or new consulate compound would result in the -closure or co-location of an American Space, American Center, American -Corner, or any other public diplomacy facility under the Secure Embassy -Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.). - (b) Requirements.--The guidelines required by subsection (a) shall -include the following: - (1) Standardized notification to each chief of mission at a - diplomatic post describing the requirements of the Secure - Embassy Construction and Counterterrorism Act of 1999 and the - impact on the mission footprint of such requirements. - (2) An assessment and recommendations from each chief of - mission of potential impacts to public diplomacy programming at - such diplomatic post if any public diplomacy facility referred - to in subsection (a) is closed or staff is co-located in - accordance with such Act. - (3) A process by which assessments and recommendations - under paragraph (2) are considered by the Secretary and the - appropriate Under Secretaries and Assistant Secretaries of the - Department. - (4) Notification to the appropriate congressional - committees, prior to the initiation of a new embassy compound - or new consulate compound design, of the intent to close any - such public diplomacy facility or co-locate public diplomacy - staff in accordance with such Act. - (c) Report.--Not later than 1 year after the date of the enactment -of this Act, the Secretary shall submit to the appropriate -congressional committees a report containing the guidelines required -under subsection (a) and any recommendations for any modifications to -such guidelines. - -SEC. 14607. DEFINITIONS. - - In this title: - (1) Audience research.--The term ``audience research'' - means research conducted at the outset of a public diplomacy - program or the outset of campaign planning and design regarding - specific audience segments to understand the attitudes, - interests, knowledge, and behaviors of such audience segments. - (2) Digital analytics.--The term ``digital analytics'' - means the analysis of qualitative and quantitative data, - accumulated in digital format, to indicate the outputs and - outcomes of a public diplomacy program or campaign. - (3) Impact evaluation.--The term ``impact evaluation'' - means an assessment of the changes in the audience targeted by - a public diplomacy program or campaign that can be attributed - to such program or campaign. - (4) Public diplomacy bureaus and offices.--The term - ``public diplomacy bureaus and offices'' means, with respect to - the Department, the following: - (A) The Bureau of Educational and Cultural Affairs. - (B) The Bureau of Global Public Affairs. - (C) The Office of Policy, Planning, and Resources - for Public Diplomacy and Public Affairs. - (D) The Global Engagement Center. - (E) The public diplomacy functions within the - regional and functional bureaus. - - TITLE VII--COMBATING PUBLIC CORRUPTION - -SEC. 14701. SENSE OF CONGRESS. - - It is the sense of Congress that-- - (1) it is in the foreign policy interest of the United - States to help foreign countries promote good governance and - combat public corruption; - (2) multiple Federal departments and agencies operate - programs that promote good governance in foreign countries and - enhance such countries' ability to combat public corruption; - (3) the Department should promote coordination among the - Federal departments and agencies implementing programs to - promote good governance and combat public corruption in foreign - countries in order to improve effectiveness and efficiency; and - (4) the Department should identify areas in which United - States efforts to help other countries promote good governance - and combat public corruption could be enhanced. - -SEC. 14702. ANNUAL ASSESSMENT. - - (a) In General.--For each of fiscal years 2021 through 2027, the -Secretary shall assess the capacity and commitment of foreign countries -to combat public corruption. Each such assessment shall-- - (1) utilize independent, third party indicators that - measure transparency, accountability, and corruption in the - public sector in such countries, including the extent to which - public power is exercised for private gain, to identify those - countries that are most vulnerable to public corruption; - (2) consider, to the extent reliable information is - available, whether the government of a country identified under - paragraph (1)-- - (A) has adopted measures to prevent public - corruption, such as measures to inform and educate the - public, including potential victims, about the causes - and consequences of public corruption; - (B) has enacted laws and established government - structures, policies, and practices that prohibit - public corruption; - (C) enforces such laws through a fair judicial - process; - (D) vigorously investigates, prosecutes, convicts, - and sentences public officials who participate in or - facilitate public corruption, including nationals of - such country who are deployed in foreign military - assignments, trade delegations abroad, or other similar - missions who engage in or facilitate public corruption; - (E) prescribes appropriate punishment for serious, - significant corruption that is commensurate with the - punishment prescribed for serious crimes; - (F) prescribes appropriate punishment for - significant corruption that provides a sufficiently - stringent deterrent and adequately reflects the nature - of the offense; - (G) convicts and sentences persons responsible for - such acts that take place wholly or partly within the - country of such government, including, as appropriate, - requiring the incarceration of individuals convicted of - such acts; - (H) holds private sector representatives - accountable for their role in public corruption; and - (I) addresses threats for civil society to monitor - anti-corruption efforts; and - (3) further consider-- - (A) verifiable measures taken by the government of - a country identified under paragraph (1) to prohibit - government officials from participating in, - facilitating, or condoning public corruption, including - the investigation, prosecution, and conviction of such - officials; - (B) the extent to which such government provides - access, or, as appropriate, makes adequate resources - available, to civil society organizations and other - institutions to combat public corruption, including - reporting, investigating, and monitoring; - (C) the extent to which an independent judiciary or - judicial body in such country is responsible for, and - effectively capable of, deciding public corruption - cases impartially, on the basis of facts and in - accordance with law, without any improper restrictions, - influences, inducements, pressures, threats, or - interferences, whether direct or indirect, from any - source or for any reason; - (D) the extent to which such government cooperates - meaningfully with the United States to strengthen - government and judicial institutions and the rule of - law to prevent, prohibit, and punish public corruption; - (E) the extent to which such government-- - (i) is assisting in international - investigations of transnational public - corruption networks and in other cooperative - efforts to combat serious, significant - corruption, including cooperating with the - governments of other countries to extradite - corrupt actors; - (ii) recognizes the rights of victims of - public corruption, ensures their access to - justice, and takes steps to prevent such - victims from being further victimized or - persecuted by corrupt actors, government - officials, or others; and - (iii) refrains from prosecuting legitimate - victims of public corruption or whistleblowers - due to such persons having assisted in exposing - public corruption, and refrains from other - discriminatory treatment of such persons; and - (F) contain such other information relating to - public corruption as the Secretary considers - appropriate. - (b) Identification.--After conducting each assessment under -subsection (a), the Secretary shall identify the countries described in -paragraph (1) of such subsection that are-- - (1) meeting minimum standards to combat public corruption; - (2) not meeting such minimum standards but making - significant efforts to do so; and - (3) neither meeting such minimum standards nor making - significant efforts to do so. - (c) Report.--Not later than 180 days after the date of the -enactment of this Act and annually thereafter through fiscal year 2026, -the Secretary shall submit to the appropriate congressional committees -and make publicly available a report that identifies the countries -described in subsection (a)(1) and paragraphs (2) and (3) of subsection -(b), including a description of the methodology and data utilized in -the assessments under subsection (a) and the reasons for such -identifications. - (d) Briefing in Lieu of Report.--The Secretary may waive the -requirement to submit and make publicly available a written report -under subsection (c) if the Secretary-- - (1) determines that publication of such report would-- - (A) undermine existing United States anti- - corruption efforts in one or more countries; or - (B) threaten the national interests of the United - States; and - (2) provides a briefing to the appropriate congressional - committees that identifies the countries described in - subsection (a)(1) and paragraphs (2) and (3) of subsection (b), - including a description of the methodology and data utilized in - the assessment under subsection (a) and the reasons for such - identifications. - -SEC. 14703. TRANSPARENCY AND ACCOUNTABILITY. - - For each country identified under paragraphs (2) and (3) of section -14702(b), the Secretary, in coordination with the Administrator of the -United States Agency for International Development, as appropriate, -shall-- - (1) ensure that a corruption risk assessment and mitigation - strategy is included in the integrated country strategy for - such country; and - (2) utilize appropriate mechanisms to combat corruption in - such countries, including by ensuring-- - (A) the inclusion of anti-corruption clauses in - contracts, grants, and cooperative agreements entered - into by the Department or the Agency for or in such - countries, which allow for the termination of such - contracts, grants, or cooperative agreements, as the - case may be, without penalty if credible indicators of - public corruption are discovered; - (B) the inclusion of appropriate clawback or - flowdown clauses within the procurement instruments of - the Department and the Agency that provide for the - recovery of funds misappropriated through corruption; - (C) the appropriate disclosure to the United States - Government, in confidential form, if necessary, of the - beneficial ownership of contractors, subcontractors, - grantees, cooperative agreement participants, and other - organizations implementing programs on behalf of the - Department or Agency; and - (D) the establishment of mechanisms for - investigating allegations of misappropriated resources - and equipment. - -SEC. 14704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT. - - (a) In General.--The Secretary shall annually designate an anti- -corruption point of contact at the United States diplomatic post to -each country identified under paragraphs (2) and (3) of section -14702(b), or which the Secretary otherwise determines is in need of -such a point of contact. - (b) Responsibilities.--Each designated anti-corruption point of -contact under subsection (a) shall be responsible for coordinating and -overseeing implementation of a whole-of-government approach among the -relevant Federal departments and agencies that operate programs that -promote good governance in foreign countries and enhance such -countries' ability to combat public corruption in order to accomplish -such objectives in the country to which such point of contact is -posted, including through the development and implementation of -corruption risk assessment tools and mitigation strategies. - (c) Training.--The Secretary shall implement appropriate training -for designated anti-corruption points of contact under subsection (a). - -SEC. 14705. REPORTING REQUIREMENTS. - - (a) Annual Report.-- - (1) In general.--The Secretary shall, for each of fiscal - years 2021 through 2026, submit to the appropriate - congressional committees a report on implementation of this - title, including a description of the following: - (A) The offices within the Department and the - United States Agency for International Development that - are engaging in significant anti-corruption activities. - (B) The findings and actions of designated anti- - corruption points of contact to develop and implement - risk mitigation strategies and ensure compliance with - section 14703. - (C) The training implemented under section - 14704(c). - (D) Management of the whole-of-government effort - referred to in section 14704(b) to combat corruption - within the countries identified in section 14702 and - efforts to improve coordination across Federal - departments and agencies. - (E) The risk assessment tools and mitigation - strategies utilized by the Department and the Agency. - (F) Other information determined by the Secretary - to be necessary and appropriate. - (2) Form of report.--Each report under this subsection - shall be submitted in an unclassified format but may include a - classified annex. - (b) Online Platform.--The Secretary shall consolidate existing -reports with anti-corruption components into one online, public -platform, which should-- - (1) include-- - (A) the annual Country Reports on Human Rights - Practices; - (B) the annual Fiscal Transparency Report; - (C) the annual Investment Climate Statements; - (D) the annual International Narcotics Control - Strategy Report; - (E) the Country Scorecards of the Millennium - Challenge Corporation; and - (F) any other relevant public reports; and - (2) link to third-party indicators and compliance - mechanisms used by the United States Government to inform - policy and programming, such as-- - (A) the International Finance Corporation's Doing - Business surveys; - (B) the International Budget Partnership's Open - Budget Index; and - (C) multilateral peer review anti-corruption - compliance mechanisms, such as the Organization for - Economic Co-operation and Development's Working Group - on Bribery in International Business Transactions and - the United Nations Convention Against Corruption, done - at New York October 31, 2003, to further highlight - expert international views on country challenges and - country efforts. - (c) Training.--The Secretary and the Administrator of the United -States Agency for International Development shall incorporate anti- -corruption components into existing Foreign Service and Civil Service -training courses to-- - (1) increase the ability of Department and Agency personnel - to support anti-corruption as a foreign policy priority; and - (2) strengthen the ability of such personnel to design, - implement, and evaluate more effective anti-corruption - programming around the world, including enhancing skills to - better evaluate and mitigate public corruption risks in - assistance programs. - -SEC. 14706. FOREIGN INVESTMENTS AND NATIONAL SECURITY. - - (a) In General.--Not later than 1 year after the date of the -enactment of this Act and biennially thereafter for the following 5 -years, the Secretary, in consultation with the Secretary of the -Treasury, the Director of National Intelligence, and the heads of other -agencies, as appropriate, shall submit to Congress an interagency -strategy to work with foreign governments and multilateral institutions -to guard against the risks of certain transactions involving foreign -investments. - (b) Contents.--Each interagency strategy under paragraph (1) shall -include plans relating to the following: - (1) Information sharing with foreign governments and - multilateral institutions regarding risks associated with - potential foreign investments. - (2) Promoting American and other alternatives to foreign - investments identified as presenting substantial risk to the - national security or sovereignty of a country. - (3) Providing technical assistance to foreign governments - or multilateral institutions regarding screening foreign - investments. - (4) Designating points of contact at each United States - mission to foreign governments and multilateral institutions, - and in associated regional bureaus, to coordinate efforts - described in this paragraph. - (c) Coordination.--If the Secretary determines such is appropriate, -the designated points of contact referred to in subsection (b)(4) may -be the same individual designated under section 14704(a). - - TITLE VIII--MISCELLANEOUS - -SEC. 14801. CASE-ZABLOCKI ACT REFORM. - - Section 112b of title 1, United States Code, is amended-- - (1) in subsection (a), by striking ``Committee on - International Relations'' and inserting ``Committee on Foreign - Affairs''; and - (2) by amending subsection (b) to read as follows: - ``(b) Each department or agency of the United States Government -that enters into any international agreement described in subsection -(a) on behalf of the United States, shall designate a Chief -International Agreements Officer, who-- - ``(1) shall be a current employee of such department or - agency; - ``(2) shall serve concurrently as Chief International - Agreements Officer; and - ``(3) subject to the authority of the head of such - department or agency, shall have department or agency-wide - responsibility for efficient and appropriate compliance with - subsection (a) to transmit the text of any international - agreement to the Department of State expeditiously after such - agreement has been signed.''. - -SEC. 14802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT. - - Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. -2370(q)) is amended-- - (1) by striking ``No assistance'' and inserting the - following: - ``(1) No assistance''; - (2) by inserting ``the government of'' before ``any - country''; - (3) by inserting ``the government of'' before ``such - country'' each place it appears; - (4) by striking ``determines'' and all that follows and - inserting ``determines, after consultation with the Committee - on Foreign Affairs and the Committee on Appropriations of the - House of Representatives and the Committee on Foreign Relations - and the Committee on Appropriations of the Senate, that - assistance for such country is in the national interest of the - United States.''; and - (5) by adding at the end the following: - ``(2) No assistance shall be furnished under this Act, the - Peace Corps Act, the Millennium Challenge Act of 2003, the - African Development Foundation Act, the BUILD Act of 2018, - section 504 of the FREEDOM Support Act, or section 23 of the - Arms Export Control Act to the government of any country which - is in default during a period in excess of 1 calendar year in - payment to the United States of principal or interest or any - loan made to the government of such country by the United - States unless the President determines, following consultation - with the congressional committees specified in paragraph (1), - that assistance for such country is in the national interest of - the United States.''. - -SEC. 14803. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING - INTERNATIONAL TERRORISM. - - (a) Prohibition.--Subsection (a) of section 620A of the Foreign -Assistance Act of 1961 (22 U.S.C. 2371) is amended by striking ``that -the government of that country'' and all that follows and inserting -``that the government of that country-- - ``(1) has repeatedly provided support for acts of - international terrorism; - ``(2) grants sanctuary from prosecution to any individual - or group which has committed an act of international terrorism; - ``(3) otherwise supports international terrorism; or - ``(4) is controlled by an organization designated as a - foreign terrorist organization under section 219 of the - Immigration and Nationality Act (8 U.S.C. 1189).''. - (b) Rescission.--Subsection (c) of such section is amended by -striking ``and the Chairman of the Committee on Foreign Relations of -the Senate'' and inserting ``, the Committee on Foreign Affairs of the -House of Representatives, the Committee on Foreign Relations of the -Senate, and the Committees on Appropriations of the House of -Representatives and the Senate''. - (c) Waiver.--Subsection (d)(2) of such section is amended by -striking ``and the chairman of the Committee on Foreign Relations of -the Senate'' and inserting ``, the Committee on Foreign Affairs of the -House of Representatives, the Committee on Foreign Relations of the -Senate, and the Committees on Appropriations of the House of -Representatives and the Senate''. - (d) Prohibition on Lethal Military Equipment Exports.--Such -section, as so amended, is further amended by adding at the end the -following: - ``(e) Prohibition on Lethal Military Equipment Exports.-- - ``(1) Prohibition.-- - ``(A) In general.--The United States shall not - provide any assistance under this Act or section 23 of - the Arms Export Control Act to any foreign government - that provides lethal military equipment to a country - the government of which the Secretary of State has - determined supports international terrorism for - purposes of section 1754(c) of the Export Control - Reform Act of 2018. - ``(B) Termination.--The prohibition on assistance - under subparagraph (A) with respect to a foreign - government shall terminate 12 months after such - government ceases to provide the lethal military - equipment described in such subparagraph. - ``(C) Applicability.--This subsection applies with - respect to lethal military equipment provided under a - contract entered into after October 1, 1997. - ``(2) Waiver.--The President may waive the prohibition on - assistance under paragraph (1) with respect to a foreign - government if the President determines that to do so is - important to the national interest of the United States. - ``(3) Report.--Upon the exercise of the waiver authority - pursuant to paragraph (2), the President shall submit to the - appropriate congressional committees a report with respect to - the furnishing of assistance under the waiver authority, - including-- - ``(A) a detailed explanation of the assistance to - be provided; - ``(B) the estimated dollar amount of such - assistance; and - ``(C) an explanation of how the assistance furthers - the national interest of the United States. - ``(4) Appropriate congressional committees defined.--In - this subsection, the term `appropriate congressional - committees' means-- - ``(A) the Committee on Foreign Affairs and the - Committee on Appropriations of the House of - Representatives; and - ``(B) the Committee on Foreign Relations and the - Committee on Appropriations of the Senate.''. - -SEC. 14804. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND - RETURN ACT OF 2014 AMENDMENT. - - Subsection (b) of section 101 of the Sean and David Goldman -International Child Abduction Prevention and Return Act of 2014 (22 -U.S.C. 9111; Public Law 113-150) is amended-- - (1) in paragraph (2)-- - (A) in subparagraph (A)-- - (i) by inserting ``, respectively,'' after - ``access cases''; and - (ii) by inserting ``and the number of - children involved'' before the semicolon at the - end; - (B) in subparagraph (D), by inserting - ``respectively, the number of children involved,'' - after ``access cases,''; - (2) in paragraph (7), by inserting ``, and number of - children involved in such cases'' before the semicolon at the - end; - (3) in paragraph (8), by striking ``and'' after the - semicolon at the end; - (4) in paragraph (9), by striking the period at the end and - inserting ``; and''; and - (5) by adding at the end the following new paragraph: - ``(10) the total number of pending cases the Department of - State has assigned to case officers and number of children - involved for each country and as a total for all countries.''. - -SEC. 14805. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE - PRESERVATION OF AMERICA'S HERITAGE ABROAD. - - (a) In General.--Chapter 3123 of title 54, United States Code, is -amended as follows: - (1) In section 312302, by inserting ``, and unimpeded - access to those sites,'' after ``and historic buildings''. - (2) In section 312304(a)-- - (A) in paragraph (2)-- - (i) by striking ``and historic buildings'' - and inserting ``and historic buildings, and - unimpeded access to those sites''; and - (ii) by striking ``and protected'' and - inserting ``, protected, and made accessible''; - and - (B) in paragraph (3), by striking ``and - protecting'' and inserting ``, protecting, and making - accessible''. - (3) In section 312305, by inserting ``and to the Committee - on Foreign Affairs of the House of Representatives and the - Committee on Foreign Relations of the Senate'' after - ``President''. - (b) Report.--Not later than 90 days after the date of the enactment -of this Act, the Commission for the Preservation of America's Heritage -Abroad shall submit to the President and to the Committee on Foreign -Affairs of the House of Representatives and the Committee on Foreign -Relations of the Senate a report that contains an evaluation of the -extent to which the Commission is prepared to continue its activities -and accomplishments with respect to the foreign heritage of United -States citizens from eastern and central Europe, were the Commission's -duties and powers extended to include other regions, including the -Middle East and North Africa, and any additional resources or personnel -the Commission would require. - -SEC. 14806. CHIEF OF MISSION CONCURRENCE. - - In the course of providing concurrence to the exercise of the -authority pursuant to section 127e of title 10, United State Code, or -section 1202 of the National Defense Authorization Act for Fiscal Year -2018-- - (1) each relevant chief of mission shall inform and consult - in a timely manner with relevant individuals at relevant - missions or bureaus of the Department of State; and - (2) the Secretary of State shall take such steps as may be - necessary to ensure that such relevant individuals have the - security clearances necessary to so consult in a timely manner - with respect to such concurrence. - - DIVISION J--COMBATING RUSSIAN MONEY LAUNDERING - -SEC. 15001. SHORT TITLE. - - This division may be cited as the ``Combating Russian Money -Laundering Act''. - -SEC. 15002. STATEMENT OF POLICY. - - It is the policy of the United States to-- - (1) protect the United States financial sector from abuse - by malign actors; and - (2) use all available financial tools to counter - adversaries. - -SEC. 15003. SENSE OF CONGRESS. - - It is the sense of Congress that-- - (1) the efforts of the Government of the Russian - Federation, Russian state-owned enterprises, and Russian - oligarchs to move and disguise the source, ownership, location, - or control of illicit funds or value constitute money - laundering; - (2) money laundering assists in the Russian Government's - political and economic influence and destabilization - operations, which in turn affect the United States and European - democracy, national security, and rule of law; - (3) the Secretary of the Treasury should determine whether - Russia and the financial institutions through which the Russian - Government, political leaders, state-owned enterprises, and - oligarchs launder money are of primary money laundering - concern; and - (4) the Secretary of the Treasury should consider the need - for financial institutions and other obligated entities to - apply enhanced due diligence measures to transactions with the - Russian Government, political leaders, state-owned enterprises, - and financial institutions. - -SEC. 15004. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING - CONCERN OF RUSSIAN ILLICIT FINANCE. - - (a) Determination.--If the Secretary of the Treasury determines -that reasonable grounds exist for concluding that one or more financial -or non-financial institutions operating outside of the United States, -or 1 or more classes of transactions within, or involving, a -jurisdiction outside of the United States, or 1 or more types of -accounts is of primary money laundering concern in connection with -Russian illicit finance, the Secretary of the Treasury may require -domestic financial institutions and domestic financial agencies to take -1 or more of the special measures described in section 5318A(b) of -title 31, United States Code by order, regulation, or otherwise as -permitted by law. - (b) Report Required.-- - (1) In general.--Not later than 120 days after the date of - enactment of this Act, the Secretary of the Treasury shall - submit to the Committees on Financial Services and Foreign - Affairs of the House of Representatives and the Committees on - Banking, Housing, and Urban Affairs and Foreign Relations of - the Senate a report on financial and non-financial institutions - operating outside of the United States, classes of - transactions, jurisdictions outside of the United States, and - accounts for which there are reasonable grounds to conclude are - of primary money laundering concern in connection with Russian - illicit finance. - (2) Contents.--The report required under paragraph (1) - shall also-- - (A) identify any additional regulations, statutory - changes, enhanced due diligence, and reporting - requirements that are necessary to better identify, - prevent, and combat money laundering linked to Russia, - including related to-- - (i) identifying the beneficial ownership of - anonymous companies; - (ii) strengthening current, or enacting - new, reporting requirements and customer due - diligence requirements for the real estate - sector, law firms, and other trust and - corporate service providers; - (iii) enhanced know-your-customer - procedures and screening for transactions - involving Russian political leaders, Russian - state-owned enterprises, and known Russian - transnational organized crime figures; and - (iv) establishing a permanent solution to - collecting information nationwide to track - ownership of real estate; and - (B) include data and case studies on the use of - financial and non-financial institutions, including - limited liability companies, real estate, law firms, - and electronic currencies, to move and disguise Russian - funds. - (3) Format.--The report required under this subsection - shall be made available to the public, including on the website - of the Department of the Treasury, but may contain a classified - annex and be accompanied by a classified briefing. - (c) Use of Report Information To Make Primary Money Laundering -Concern Determinations.--If applicable, the Secretary of the Treasury -shall use the information contained in the report issued under -subsection (b) to support findings that reasonable grounds exist for -concluding that a jurisdiction outside of the United States, 1 or more -financial institutions operating outside of the United States, 1 or -more classes of transactions within, or involving, a jurisdiction -outside of the United States, or 1 or more types of accounts is of -primary money laundering concern, in accordance with section 5318A of -title 31, United States Code. - (d) Sense of Congress on International Cooperation.--It is the -sense of the Congress that the Secretary of the Treasury and other -relevant cabinet members (such as the Secretary of State, Secretary of -Defense, Secretary of Homeland Security, and Attorney General) should -work jointly with European, E.U., and U.K. financial intelligence -units, trade transparency units, and appropriate law enforcement -authorities to present, both in the report required under subsection -(b) and in future analysis of suspicious transaction reports, cash -transaction reports, currency and monetary instrument reports, and -other relevant data to identify trends and assess risks in the movement -of illicit funds from Russia through the United States, British, and -European financial systems. - - DIVISION K--KLEPTOCRACY ASSET RECOVERY REWARDS ACT - -SEC. 16001. SHORT TITLE. - - The division may be cited as the ``Kleptocracy Asset Recovery -Rewards Act''. - -SEC. 16002. FINDINGS; SENSE OF CONGRESS. - - (a) Findings.--Congress finds the following: - (1) The Stolen Asset Recovery Initiative (StAR), a World - Bank and United Nations anti-money-laundering effort, estimates - that between $20 billion to $40 billion has been lost to - developing countries annually through corruption. - (2) In 2014, more than $480 million in corruption proceeds - hidden in bank accounts around the world by former Nigerian - dictator Sani Abacha and his co-conspirators was forfeited - through efforts by the Department of Justice. - (3) In 2010, the Department of Justice established the - Kleptocracy Asset Recovery Initiative, to work in partnership - with Federal law enforcement agencies to forfeit the proceeds - of foreign official corruption and, where appropriate, return - those proceeds to benefit the people harmed by these acts of - corruption and abuse of office. - (4) Of the $20 billion to $40 billion lost by developing - countries annually through corruption, only about $5 billion - has been repatriated in the last 15 years. - (5) Governments weakened by corruption and loss of assets - due to corruption have fewer resources to devote to the fight - against terrorism and fewer resources to devote to building - strong financial, law enforcement, and judicial institutions to - aid in the fight against the financing of terrorism. - (6) The United States has a number of effective programs to - reward individuals who provide valuable information that assist - in the identification, arrest, and conviction of criminal - actors and their associates, as well as seizure and forfeiture - of illicitly derived assets and the proceeds of criminal - activity. - (7) The Internal Revenue Service has the Whistleblower - Program, which pays awards to individuals who provide specific - and credible information to the IRS if the information results - in the collection of taxes, penalties, interest or other - amounts from noncompliant taxpayers. - (8) The Department of State administers rewards programs on - international terrorism, illegal narcotics, and transnational - organized crime with the goal of bringing perpetrators to - justice. - (9) None of these existing rewards programs specifically - provide monetary incentives for identifying and recovering - stolen assets linked solely to foreign government corruption, - as opposed to criminal prosecutions or civil or criminal - forfeitures. - (10) The recovery of stolen assets linked to foreign - government corruption and the proceeds of such corruption may - not always involve a BSA violation or lead to a forfeiture - action. In such cases there would be no ability to pay rewards - under existing Treasury Department authorities. - (11) Foreign government corruption can take many forms but - typically entails government officials stealing, - misappropriating, or illegally diverting assets and funds from - their own government treasuries to enrich their personal wealth - directly through embezzlement or bribes to allow government - resources to be expended in ways that are not transparent and - may not either be necessary or be the result of open - competition. Corruption also includes situations where public - officials take bribes to allow government resources to be - expended in ways which are not transparent and may not be - necessary or the result of open competition. These corrupt - officials often use the United States and international - financial system to hide their stolen assets and the proceeds - of corruption. - (12) The individuals who come forward to expose foreign - governmental corruption and kleptocracy often do so at great - risk to their own safety and that of their immediate family - members and face retaliation from persons who exercise foreign - political or governmental power. Monetary rewards can provide a - necessary incentive to expose such corruption and provide a - financial means to provide for their well-being and avoid - retribution. - (b) Sense of Congress.--It is the sense of Congress that a -Department of the Treasury stolen asset recovery rewards program to -help identify and recover stolen assets linked to foreign government -corruption and the proceeds of such corruption hidden behind complex -financial structures is needed in order to-- - (1) intensify the global fight against corruption; and - (2) serve United States efforts to identify and recover - such stolen assets, forfeit proceeds of such corruption, and, - where appropriate and feasible, return the stolen assets or - proceeds thereof to the country harmed by the acts of - corruption. - -SEC. 16003. IN GENERAL. - - (a) Department of the Treasury Kleptocracy Asset Recovery Rewards -Program.--Chapter 97 of title 31, United States Code, is amended by -adding at the end the following: -``Sec. 9706. Department of the Treasury Kleptocracy Asset Recovery - Rewards Program - ``(a) Establishment.-- - ``(1) In general.--There is established in the Department - of the Treasury a program to be known as the `Kleptocracy Asset - Recovery Rewards Program' for the payment of rewards to carry - out the purposes of this section. - ``(2) Purpose.--The rewards program shall be designed to - support U.S. Government programs and investigations aimed at - restraining, seizing, forfeiting, or repatriating stolen assets - linked to foreign government corruption and the proceeds of - such corruption. - ``(3) Implementation.--The rewards program shall be - administered by, and at the sole discretion of, the Secretary - of the Treasury, in consultation, as appropriate, with the - Secretary of State, the Attorney General, and the heads of such - other departments and agencies as the Secretary may find - appropriate. - ``(b) Rewards Authorized.--In the sole discretion of the Secretary -and in consultation, as appropriate, with the heads of other relevant -Federal departments or agencies, the Secretary may pay a reward to any -individual, or to any nonprofit humanitarian organization designated by -such individual, if that individual furnishes information leading to-- - ``(1) the restraining or seizure of stolen assets in an - account at a U.S. financial institution (including a U.S. - branch of a foreign financial institution), that come within - the United States, or that come within the possession or - control of any United States person; - ``(2) the forfeiture of stolen assets in an account at a - U.S. financial institution (including a U.S. branch of a - foreign financial institution), that come within the United - States, or that come within the possession or control of any - United States person; or - ``(3) where appropriate, the repatriation of stolen assets - in an account at a U.S. financial institution (including a U.S. - branch of a foreign financial institution), that come within - the United States, or that come within the possession or - control of any United States person. - ``(c) Coordination.-- - ``(1) Procedures.--To ensure that the payment of rewards - pursuant to this section does not duplicate or interfere with - any other payment authorized by the Department of Justice or - other Federal law enforcement agencies for the obtaining of - information or other evidence, the Secretary of the Treasury, - in consultation with the Secretary of State, the Attorney - General, and the heads of such other agencies as the Secretary - may find appropriate, shall establish procedures for the - offering, administration, and payment of rewards under this - section, including procedures for-- - ``(A) identifying actions with respect to which - rewards will be offered; - ``(B) the receipt and analysis of data; and - ``(C) the payment of rewards and approval of such - payments. - ``(2) Prior approval of the attorney general required.-- - Before making a reward under this section in a matter over - which there is Federal criminal jurisdiction, the Secretary of - the Treasury shall obtain the written concurrence of the - Attorney General. - ``(d) Payment of Rewards.-- - ``(1) Authorization of appropriations.--For the purpose of - paying rewards pursuant to this section, there is authorized to - be appropriated-- - ``(A) $450,000 for fiscal year 2020; and - ``(B) for each fiscal year, any amount recovered in - stolen assets described under subsection (b) that the - Secretary determines is necessary to carry out this - program consistent with this section. - ``(2) Limitation on annual payments.--Except as provided - under paragraph (3), the total amount of rewards paid pursuant - to this section may not exceed $25 million in any calendar - year. - ``(3) Presidential authority.--The President may waive the - limitation under paragraph (2) with respect to a calendar year - if the President provides written notice of such waiver to the - appropriate committees of the Congress at least 30 days before - any payment in excess of such limitation is made pursuant to - this section. - ``(4) Payments to be made first from stolen asset - amounts.--In paying any reward under this section, the - Secretary shall, to the extent possible, make such reward - payment-- - ``(A) first, from appropriated funds authorized - under paragraph (1)(B); and - ``(B) second, from appropriated funds authorized - under paragraph (1)(A). - ``(e) Limitations.-- - ``(1) Submission of information.--No award may be made - under this section based on information submitted to the - Secretary unless such information is submitted under penalty of - perjury. - ``(2) Maximum amount.--No reward paid under this section - may exceed $5 million, unless the Secretary-- - ``(A) personally authorizes such greater amount in - writing; - ``(B) determines that offer or payment of a reward - of a greater amount is necessary due to the exceptional - nature of the case; and - ``(C) notifies the appropriate committees of the - Congress of such determination. - ``(3) Approval.-- - ``(A) In general.--No reward amount may be paid - under this section without the written approval of the - Secretary. - ``(B) Delegation.--The Secretary may not delegate - the approval required under subparagraph (A) to anyone - other than an Under Secretary of the Department of the - Treasury. - ``(4) Protection measures.--If the Secretary determines - that the identity of the recipient of a reward or of the - members of the recipient's immediate family must be protected, - the Secretary shall take such measures in connection with the - payment of the reward as the Secretary considers necessary to - effect such protection. - ``(5) Forms of reward payment.--The Secretary may make a - reward under this section in the form of a monetary payment. - ``(f) Ineligibility, Reduction in, or Denial of Reward.-- - ``(1) Officer and employees.--An officer or employee of any - entity of Federal, State, or local government or of a foreign - government who, while in the performance of official duties, - furnishes information described under subsection (b) shall not - be eligible for a reward under this section. - ``(2) Participating individuals.--If the claim for a reward - is brought by an individual who the Secretary has a reasonable - basis to believe knowingly planned, initiated, directly - participated in, or facilitated the actions that led to assets - of a foreign state or governmental entity being stolen, - misappropriated, or illegally diverted or to the payment of - bribes or other foreign governmental corruption, the Secretary - shall appropriately reduce, and may deny, such award. If such - individual is convicted of criminal conduct arising from the - role described in the preceding sentence, the Secretary shall - deny or may seek to recover any reward, as the case may be. - ``(g) Report.-- - ``(1) In general.--Within 180 days of the enactment of this - section, and annually thereafter for 5 years, the Secretary - shall issue a report to the appropriate committees of the - Congress-- - ``(A) detailing to the greatest extent possible the - amount, location, and ownership or beneficial ownership - of any stolen assets that, on or after the date of the - enactment of this section, come within the United - States or that come within the possession or control of - any United States person; - ``(B) discussing efforts being undertaken to - identify more such stolen assets and their owners or - beneficial owners; and - ``(C) including a discussion of the interactions of - the Department of the Treasury with the international - financial institutions (as defined in section - 1701(c)(2) of the International Financial Institutions - Act) to identify the amount, location, and ownership, - or beneficial ownership, of stolen assets held in - financial institutions outside the United States. - ``(2) Exception for ongoing investigations.--The report - issued under paragraph (1) shall not include information - related to ongoing investigations. - ``(h) Definitions.--For purposes of this section: - ``(1) Appropriate committees of the congress.--The term - `appropriate committees of the Congress' means the Committee on - Financial Services of the House of Representatives and the - Committee on Banking, Housing, and Urban Affairs of the Senate. - ``(2) Financial asset.--The term `financial asset' means - any funds, investments, or ownership interests, as defined by - the Secretary, that on or after the date of the enactment of - this section come within the United States or that come within - the possession or control of any United States person. - ``(3) Foreign government corruption.--The term `foreign - government corruption' includes bribery of a foreign public - official, or the misappropriation, theft, or embezzlement of - public funds or property by or for the benefit of a foreign - public official. - ``(4) Foreign public official.--The term `foreign public - official' includes any person who occupies a public office by - virtue of having been elected, appointed, or employed, - including any military, civilian, special, honorary, temporary, - or uncompensated official. - ``(5) Immediate family member.--The term `immediate family - member', with respect to an individual, has the meaning given - the term `member of the immediate family' under section 36(k) - of the State Department Basic Authorities Act of 1956 (22 - U.S.C. 2708(k)). - ``(6) Rewards program.--The term `rewards program' means - the program established in subsection (a)(1) of this section. - ``(7) Secretary.--The term `Secretary' means the Secretary - of the Treasury. - ``(8) Stolen assets.--The term `stolen assets' means - financial assets within the jurisdiction of the United States, - constituting, derived from, or traceable to, any proceeds - obtained directly or indirectly from foreign government - corruption.''. - (b) Report on Disposition of Recovered Assets.--Within 360 days of -the enactment of this Act, the Secretary of the Treasury shall issue a -report to the appropriate committees of Congress (as defined under -section 9706(h) of title 31, United States Code) describing policy -choices and recommendations for disposition of stolen assets recovered -pursuant to section 9706 of title 31, United States Code. - (c) Table of Contents Amendment.--The table of contents for chapter -97 of title 31, United States Code, is amended by adding at the end the -following: - -``9706. Department of the Treasury Kleptocracy Asset Recovery Rewards - Program.''. - - DIVISION L--STOPPING TRAFFICKING, ILLICIT FLOWS, LAUNDERING, AND - EXPLOITATION - -SEC. 17001. SHORT TITLE. - - This division may be cited as the ``Stopping Trafficking, Illicit -Flows, Laundering, and Exploitation Act of 2020'' or the ``STIFLE Act -of 2020''. - -SEC. 17002. FINDINGS. - - The Congress finds the following: - (1) Trafficking is a national-security threat and an - economic drain of our resources. - (2) As the U.S. Department of the Treasury's recently - released ``2020 National Strategy for Combating Terrorist and - Other Illicit Financing'' concludes, ``While money laundering, - terrorism financing, and WMD proliferation financing differ - qualitatively and quantitatively, the illicit actors engaging - in these activities can exploit the same vulnerabilities and - financial channels.''. - (3) Among those are bad actors engaged in trafficking, - whether they trade in drugs, arms, cultural property, wildlife, - natural resources, counterfeit goods, organs, or, even, other - humans. - (4) Their illegal (or ``dark'') markets use similar and - sometimes related or overlapping methods and means to acquire, - move, and profit from their crimes. - (5) In a March 2017, report from Global Financial - Integrity, ``Transnational Crime and the Developing World'', - the global business of transnational crime was valued at $1.6 - trillion to $2.2 trillion annually, resulting in crime, - violence, terrorism, instability, corruption, and lost tax - revenues worldwide. - -SEC. 17003. GAO STUDY. - - (a) Study.--The Comptroller General of the United States shall -carry out a study on-- - (1) the major trafficking routes used by transnational - criminal organizations, terrorists, and others, and to what - extent the trafficking routes for people (including children), - drugs, weapons, cash, child sexual exploitation materials, or - other illicit goods are similar, related, or cooperative; - (2) commonly used methods to launder and move the proceeds - of trafficking; - (3) the types of suspicious financial activity that are - associated with illicit trafficking networks, and how financial - institutions identify and report such activity; - (4) the nexus between the identities and finances of - trafficked persons and fraud; - (5) the tools, guidance, training, partnerships, - supervision, or other mechanisms that Federal agencies, - including the Department of the Treasury's Financial Crimes - Enforcement Network, the Federal financial regulators, and law - enforcement, provide to help financial institutions identify - techniques and patterns of transactions that may involve the - proceeds of trafficking; - (6) what steps financial institutions are taking to detect - and prevent bad actors who are laundering the proceeds of - illicit trafficking, including data analysis, policies, - training procedures, rules, and guidance; - (7) what role gatekeepers, such as lawyers, notaries, - accountants, investment advisors, logistics agents, and trust - and company service providers, play in facilitating trafficking - networks and the laundering of illicit proceeds; and - (8) the role that emerging technologies, including - artificial intelligence, digital identity technologies, - blockchain technologies, virtual assets, and related exchanges - and online marketplaces, and other innovative technologies, can - play in both assisting with and potentially enabling the - laundering of proceeds from trafficking. - (b) Consultation.--In carrying out the study required under -subsection (a), the Comptroller General shall solicit feedback and -perspectives to the extent practicable from survivor and victim -advocacy organizations, law enforcement, research organizations, -private-sector organizations (including financial institutions and data -and technology companies), and any other organization or entity that -the Comptroller General determines appropriate. - (c) Report.--The Comptroller General shall issue one or more -reports to the Congress containing the results of the study required -under subsection (a). The first report shall be issued not later than -the end of the 15-month period beginning on the date of the enactment -of this Act. The reports shall contain-- - (1) all findings and determinations made in carrying out - the study required under subsection (a); and - (2) recommendations for any legislative or regulatory - changes necessary to combat trafficking or the laundering of - proceeds from trafficking. - - DIVISION M--IMPROVING CORPORATE GOVERNANCE THROUGH DIVERSITY - -SEC. 18001. SHORT TITLE. - - This division may be cited as the ``Improving Corporate Governance -Through Diversity Act of 2020''. - -SEC. 18002. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS. - - Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) -is amended by adding at the end the following: - ``(s) Submission of Data Relating to Diversity.-- - ``(1) Definitions.--In this subsection-- - ``(A) the term `executive officer' has the meaning - given the term in section 230.501(f) of title 17, Code - of Federal Regulations, as in effect on the date of - enactment of this subsection; and - ``(B) the term `veteran' has the meaning given the - term in section 101 of title 38, United States Code. - ``(2) Submission of disclosure.--Each issuer required to - file an annual report under subsection (a) shall disclose in - any proxy statement and any information statement relating to - the election of directors filed with the Commission the - following: - ``(A) Data, based on voluntary self-identification, - on the racial, ethnic, and gender composition of-- - ``(i) the board of directors of the issuer; - ``(ii) nominees for the board of directors - of the issuer; and - ``(iii) the executive officers of the - issuer. - ``(B) The status of any member of the board of - directors of the issuer, any nominee for the board of - directors of the issuer, or any executive officer of - the issuer, based on voluntary self-identification, as - a veteran. - ``(C) Whether the board of directors of the issuer, - or any committee of that board of directors, has, as of - the date on which the issuer makes a disclosure under - this paragraph, adopted any policy, plan, or strategy - to promote racial, ethnic, and gender diversity among-- - ``(i) the board of directors of the issuer; - ``(ii) nominees for the board of directors - of the issuer; or - ``(iii) the executive officers of the - issuer. - ``(3) Alternative submission.--In any 1-year period in - which an issuer required to file an annual report under - subsection (a) does not file with the Commission a proxy - statement relating to the election of directors or an - information statement, the issuer shall disclose the - information required under paragraph (2) in the first annual - report of issuer that the issuer submits to the Commission - after the end of that 1-year period. - ``(4) Annual report.--Not later than 18 months after the - date of the enactment of this subsection, and annually - thereafter, the Commission shall submit to the Committee on - Financial Services of the House of Representatives and to the - Committee on Banking, Housing, and Urban Affairs of the Senate - and publish on the website of the Commission a report that - analyzes the information disclosed pursuant to paragraphs (1), - (2), and (3) and identifies any trends in such information. - ``(5) Best practices.-- - ``(A) In general.--The Director of the Office of - Minority and Women Inclusion of the Commission shall, - not later than the end of the 3-year period beginning - on the date of the enactment of this subsection and - every 3 years thereafter, publish best practices for - compliance with this subsection. - ``(B) Comments.--The Director of the Office of - Minority and Women Inclusion of the Commission may, - pursuant to subchapter II of chapter 5 of title 5, - United States Code, solicit public comments related to - the best practices published under subparagraph (A).''. - -SEC. 18003. DIVERSITY ADVISORY GROUP. - - (a) Establishment.--The Securities and Exchange Commission shall -establish a Diversity Advisory Group (the ``Advisory Group''), which -shall be composed of representatives from the government, academia, and -the private sector. - (b) Study and Recommendations.--The Advisory Group shall-- - (1) carry out a study that identifies strategies that can - be used to increase gender, racial, and ethnic diversity among - members of boards of directors of issuers; and - (2) not later than 9 months after the establishment of the - Advisory Group, submit a report to the Commission, the - Committee on Financial Services of the House of - Representatives, and the Committee on Banking, Housing, and - Urban Affairs of the Senate that-- - (A) describes any findings from the study conducted - pursuant to paragraph (1); and - (B) makes recommendations of strategies that - issuers could use to increase gender, racial, and - ethnic diversity among board members. - (c) Annual Report.--Not later than 1 year following the submission -of a report pursuant to subsection (b), and annually thereafter, the -Commission shall submit a report to the Committee on Financial Services -of the House of Representatives and the Committee on Banking, Housing, -and Urban Affairs of the Senate that describes the status of gender, -racial, and ethnic diversity among members of the board of directors of -issuers. - (d) Public Availability of Reports.--The Commission shall make all -reports of the Advisory Group available to issuers and the public, -including on the website of the Commission. - (e) Definitions.--For the purposes of this section: - (1) Issuer.--The term ``issuer'' has the meaning given the - term in section 3 of the Securities Exchange Act of 1934. - (2) Commission.--The term ``Commission'' means the - Securities and Exchange Commission. - - DIVISION N--BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2019 - -SEC. 19001. SHORT TITLE. - - This division may be cited as the ``Banking Transparency for -Sanctioned Persons Act of 2019''. - -SEC. 19002. REPORT ON FINANCIAL SERVICES BENEFITTING STATE SPONSORS OF - TERRORISM, HUMAN RIGHTS ABUSERS, AND CORRUPT OFFICIALS. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, and every 180 days thereafter, the Secretary of -the Treasury shall issue a report to the Committees on Financial -Services and Foreign Affairs of the House of Representatives and the -Committees on Banking, Housing, and Urban Affairs and Foreign Relations -of the Senate that includes-- - (1) a copy of any license issued by the Secretary in the - preceding 180 days that authorizes a financial institution to - provide financial services benefitting a state sponsor of - terrorism; and - (2) a list of any foreign financial institutions that, in - the preceding 180 days, knowingly conducted a significant - transaction or transactions, directly or indirectly, for a - sanctioned person included on the Department of the Treasury's - Specially Designated Nationals And Blocked Persons List who-- - (A) is owned or controlled by, or acts on behalf - of, the government of a state sponsor of terrorism; or - (B) is designated pursuant to any of the following: - (i) Section 404 of the Russia and Moldova - Jackson-Vanik Repeal and Sergei Magnitsky Rule - of Law Accountability Act of 2012 (Public Law - 112-208). - (ii) Subtitle F of title XII of the - National Defense Authorization Act for Fiscal - Year 2017 (Public Law 114-328, the Global - Magnitsky Human Rights Accountability Act). - (iii) Executive Order No. 13818. - (b) Form of Report.--The report required under subsection (a) shall -be submitted in unclassified form but may contain a classified annex. - -SEC. 19003. WAIVER. - - The Secretary of the Treasury may waive the requirements of section -19002 with respect to a foreign financial institution described in -paragraph (2) of such section-- - (1) upon receiving credible assurances that the foreign - financial institution has ceased, or will imminently cease, to - knowingly conduct any significant transaction or transactions, - directly or indirectly, for a person described in subparagraph - (A) or (B) of such paragraph (2); or - (2) upon certifying to the Committees on Financial Services - and Foreign Affairs of the House of Representatives and the - Committees on Banking, Housing, and Urban Affairs and Foreign - Relations of the Senate that the waiver is important to the - national interest of the United States, with an explanation of - the reasons therefor. - -SEC. 19004. DEFINITIONS. - - For purposes of this division: - (1) Financial institution.--The term ``financial - institution'' means a United States financial institution or a - foreign financial institution. - (2) Foreign financial institution.--The term ``foreign - financial institution'' has the meaning given that term under - section 561.308 of title 31, Code of Federal Regulations. - (3) Knowingly.--The term ``knowingly'' with respect to - conduct, a circumstance, or a result, means that a person has - actual knowledge, or should have known, of the conduct, the - circumstance, or the result. - (4) United states financial institution.--The term ``United - States financial institution'' has the meaning given the term - ``U.S. financial institution'' under section 561.309 of title - 31, Code of Federal Regulations. - -SEC. 19005. SUNSET. - - The reporting requirement under this division shall terminate on -the date that is the end of the 7-year period beginning on the date of -the enactment of this Act. - - DIVISION O--PUBLIC LANDS +United States Code, is further amended by inserting after the item +relating to section 2532 (as added by this division) the following: -SEC. 20001. SHORT TITLE. +``2533. Surviving spouses. +``2534. Application for benefits.''. +SEC. 8512. REPEALS RELATED TO LIGHTHOUSE STATUTES. + (a) In General.--The following provisions are repealed: + (1) Section 4680 of the Revised Statutes of the United States + (33 U.S.C. 725). + (2) Section 4661 of the Revised Statutes of the United States + (33 U.S.C. 727). + (3) Section 4662 of the Revised Statutes of the United States + (33 U.S.C. 728). + (4) The final paragraph in the account ``For Life-Saving and + Life-Boat Stations'' under the heading Treasury Department in the + first section of chapter 130 of the Act of March 3, 1875 (33 U.S.C. + 730a). + (5) Section 11 of chapter 301 of the Act of June 17, 1910 (33 + U.S.C. 743). + (6) The first section of chapter 215 of the Act of May 13, 1938 + (33 U.S.C. 745a). + (7) The first section of chapter 313 of the Act of February 25, + 1929 (33 U.S.C. 747b). + (8) Section 2 of chapter 103 of the Act of June 20, 1918 (33 + U.S.C. 748). + (9) Section 4 of chapter 371 of the Act of May 22, 1926 (33 + U.S.C. 754a). + (10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C. 763a- + 1). + (11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C. 763- + 1). + (12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763-2). + (13) The last 2 provisos under the heading Lighthouse Service, + under the heading Department of Commerce, in the first section of + chapter 161 of the Act of March 4, 1921 (41 Stat. 1417, formerly 33 + U.S.C. 764). + (14) Section 3 of chapter 215 of the Act of May 13, 1938 (33 + U.S.C. 770). + (15) The first section and section 2 of chapter 761 of the Act + of August 19, 1950 (33 U.S.C. 771 and 772). + (b) Savings.-- + (1) Notwithstanding any repeals made by this section, any + individual beneficiary currently receiving payments under the + authority of any provisions repealed in this section shall continue + to receive such benefits. + (2) Notwithstanding the repeals made under paragraphs (10) and + (11) of subsection (a), any pay increases made under chapter 788 of + the Act of October 29, 1949, and chapter 524 of the Act of July 9, + 1956, as in effect prior to their repeal shall remain in effect. +SEC. 8513. COMMON APPROPRIATION STRUCTURE. + (a) Common Appropriations Structure.-- + (1) Prospective payment of funds necessary to provide medical + care.--Section 506 of title 14, United States Code, is amended-- + (A) in subsection (a)(1), by inserting ``as established + under chapter 56 of title 10'' after ``Medicare-Eligible + Retiree Health Care Fund''; and + (B) in subsection (b)(1), by striking ``operating + expenses'' and inserting ``operations and support''. + (2) Use of certain appropriated funds.--Section 903 of title + 14, United States Code, is amended-- + (A) in subsection (a), by striking ``acquisition, + construction, and improvement of facilities, for research, + development, test, and evaluation; and for the alteration of + bridges over the navigable waters'' and inserting + ``procurement, construction, and improvement of facilities and + for research and development''; and + (B) in subsection (d)(1), amended by section 241(b)(1), by + striking ``operating expenses'' and inserting ``operations and + support''. + (3) Confidential investigative expenses.--Section 944 of title + 14, United States Code, is amended-- + (A) by striking ``necessary expenses for the operation'' + and inserting ``the operations and support''; and + (B) by striking ``his'' each place it appears and inserting + ``the Commandant's''. + (4) Procurement of personnel.--Section 2701 of title 14, United + States Code, is amended-- + (A) by striking ``operating expense'' and inserting + ``operations and support''; + (B) by striking ``but not limited to''; and + (C) by striking ``in order''. + (5) Requirement for prior authorization of appropriations.-- + Section 4901 of title 14, United States Code, is amended-- + (A) in paragraph (1), by striking ``maintenance'' and + inserting ``support''; + (B) in paragraph (2), by striking ``acquisition'' and + inserting ``procurement''; + (C) by striking paragraphs (3), (4), and (6); + (D) by redesignating paragraph (5) as paragraph (3); and + (E) in paragraph (3), as redesignated by subparagraph (D), + by striking ``research, development, test, and evaluation'' and + inserting ``research and development.''. + (b) Title 46.--Sections 3317(b), 7504, 80301(c), and 80505(b)(3) of +title 46, United States Code, are each amended by striking ``operating +expenses'' and inserting ``operations and support''. + (c) Oil Spill Liability Trust Fund.--Section 1012(a)(5)(A) of the +Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended by +striking ``operating expenses'' and inserting ``operations and +support''. + + TITLE LVXXXVI--FEDERAL MARITIME COMMISSION + +SEC. 8601. SHORT TITLE. + This title may be cited as the ``Federal Maritime Commission +Authorization Act of 2020''. +SEC. 8602. AUTHORIZATION OF APPROPRIATIONS. + Section 308 of title 46, United States Code, is amended by striking +``$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year +2019'' and inserting ``$29,086,888 for fiscal year 2020 and $29,639,538 +for fiscal year 2021''. +SEC. 8603. UNFINISHED PROCEEDINGS. + Section 305 of title 46, United States Code, is amended-- + (1) by striking ``The Federal'' and inserting ``(a) In + General.--The Federal''; and + (2) by adding at the end the following: + ``(b) Transparency.-- + ``(1) In general.--In conjunction with the transmittal by the + President to the Congress of the Budget of the United States for + fiscal year 2021 and biennially thereafter, the Federal Maritime + Commission shall submit to the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Transportation + and Infrastructure of the House of Representatives reports that + describe the Commission's progress toward addressing the issues + raised in each unfinished regulatory proceeding, regardless of + whether the proceeding is subject to a statutory or regulatory + deadline. + ``(2) Format of reports.--Each report under paragraph (1) + shall, among other things, clearly identify for each unfinished + regulatory proceeding-- + ``(A) the popular title; + ``(B) the current stage of the proceeding; + ``(C) an abstract of the proceeding; + ``(D) what prompted the action in question; + ``(E) any applicable statutory, regulatory, or judicial + deadline; + ``(F) the associated docket number; + ``(G) the date the rulemaking was initiated; + ``(H) a date for the next action; and + ``(I) if a date for the next action identified in the + previous report is not met, the reason for the delay.''. +SEC. 8604. NATIONAL SHIPPER ADVISORY COMMITTEE. + (a) In General.--Part B of subtitle IV of title 46, United States +Code, is amended by adding at the end the following: - This division may be cited as the ``Protecting America's Wilderness -Act''. + ``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE - TITLE I--COLORADO WILDERNESS - -SEC. 20101. SHORT TITLE; DEFINITION. - - (a) Short Title.--This title may be cited as the ``Colorado -Wilderness Act of 2020''. - (b) Secretary Defined.--As used in this title, the term -``Secretary'' means the Secretary of the Interior or the Secretary of -Agriculture, as appropriate. - -SEC. 20102. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE - STATE OF COLORADO. - - (a) Additions.--Section 2(a) of the Colorado Wilderness Act of 1993 -(Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132 note) is amended by -adding at the end the following paragraphs: - ``(23) Certain lands managed by the Colorado River Valley - Field Office of the Bureau of Land Management, which comprise - approximately 316 acres, as generally depicted on a map titled - `Maroon Bells Addition Proposed Wilderness', dated July 20, - 2018, which is hereby incorporated in and shall be deemed to be - a part of the Maroon Bells-Snowmass Wilderness Area designated - by Public Law 88-577. - ``(24) Certain lands managed by the Gunnison Field Office - of the Bureau of Land Management, which comprise approximately - 38,217 acres, as generally depicted on a map titled `Redcloud & - Handies Peak Proposed Wilderness', dated October 9, 2019, which - shall be known as the Redcloud Peak Wilderness. - ``(25) Certain lands managed by the Gunnison Field Office - of the Bureau of Land Management or located in the Grand Mesa, - Uncompahgre, and Gunnison National Forests, which comprise - approximately 26,734 acres, as generally depicted on a map - titled `Redcloud & Handies Peak Proposed Wilderness', dated - October 9, 2019, which shall be known as the Handies Peak - Wilderness. - ``(26) Certain lands managed by the Royal Gorge Field - Office of the Bureau of Land Management, which comprise - approximately 16,481 acres, as generally depicted on a map - titled `Table Mountain & McIntyre Hills Proposed Wilderness', - dated November 7, 2019, which shall be known as the McIntyre - Hills Wilderness. - ``(27) Certain lands managed by the Colorado River Valley - Field Office of the Bureau of Land Management, which comprise - approximately 10,282 acres, as generally depicted on a map - titled `Grand Hogback Proposed Wilderness', dated October 16, - 2019, which shall be known as the Grand Hogback Wilderness. - ``(28) Certain lands managed by the Grand Junction Field - Office of the Bureau of Land Management, which comprise - approximately 25,624 acres, as generally depicted on a map - titled `Demaree Canyon Proposed Wilderness', dated October 9, - 2019, which shall be known as the Demaree Canyon Wilderness. - ``(29) Certain lands managed by the Grand Junction Field - Office of the Bureau of Land Management, which comprise - approximately 28,279 acres, as generally depicted on a map - titled `Little Books Cliff Proposed Wilderness', dated October - 9, 2019, which shall be known as the Little Bookcliffs - Wilderness. - ``(30) Certain lands managed by the Colorado River Valley - Field Office of the Bureau of Land Management, which comprise - approximately 14,886 acres, as generally depicted on a map - titled `Bull Gulch & Castle Peak Proposed Wilderness', dated - January 29, 2020, which shall be known as the Bull Gulch - Wilderness. - ``(31) Certain lands managed by the Colorado River Valley - Field Office of the Bureau of Land Management, which comprise - approximately 12,016 acres, as generally depicted on a map - titled `Bull Gulch & Castle Peak Proposed Wilderness Areas', - dated January 29, 2020, which shall be known as the Castle Peak - Wilderness.''. - (b) Further Additions.--The following lands in the State of -Colorado administered by the Bureau of Land Management or the United -States Forest Service are hereby designated as wilderness and, -therefore, as components of the National Wilderness Preservation -System: - (1) Certain lands managed by the Colorado River Valley - Field Office of the Bureau of Land Management or located in the - White River National Forest, which comprise approximately - 19,240 acres, as generally depicted on a map titled - ``Assignation Ridge Proposed Wilderness'', dated November 12, - 2019, which shall be known as the Assignation Ridge Wilderness. - (2) Certain lands managed by the Royal Gorge Field Office - of the Bureau of Land Management or located in the Pike and San - Isabel National Forests, which comprise approximately 23,116 - acres, as generally depicted on a map titled ``Badger Creek - Proposed Wilderness'', dated November 7, 2019, which shall be - known as the Badger Creek Wilderness. - (3) Certain lands managed by the Royal Gorge Field Office - of the Bureau of Land Management or located in the Pike and San - Isabel National Forests, which comprise approximately 35,251 - acres, as generally depicted on a map titled ``Beaver Creek - Proposed Wilderness'', dated November 7, 2019, which shall be - known as the Beaver Creek Wilderness. - (4) Certain lands managed by the Royal Gorge Field Office - of the Bureau of Land Management or the Bureau of Reclamation - or located in the Pike and San Isabel National Forests, which - comprise approximately 32,884 acres, as generally depicted on a - map titled ``Grape Creek Proposed Wilderness'', dated November - 7, 2019, which shall be known as the Grape Creek Wilderness. - (5) Certain lands managed by the Grand Junction Field - Office of the Bureau of Land Management, which comprise - approximately 13,351 acres, as generally depicted on a map - titled ``North & South Bangs Canyon Proposed Wilderness'', - dated October 9, 2019, which shall be known as the North Bangs - Canyon Wilderness. - (6) Certain lands managed by the Grand Junction Field - Office of the Bureau of Land Management, which comprise - approximately 5,144 acres, as generally depicted on a map - titled ``North & South Bangs Canyon Proposed Wilderness'', - dated October 9, 2019, which shall be known as the South Bangs - Canyon Wilderness. - (7) Certain lands managed by the Grand Junction Field - Office of the Bureau of Land Management, which comprise - approximately 26,624 acres, as generally depicted on a map - titled ``Unaweep & Palisade Proposed Wilderness'', dated - October 9, 2019, which shall be known as The Palisade - Wilderness. - (8) Certain lands managed by the Grand Junction Field - Office of the Bureau of Land Management or located in the Grand - Mesa, Uncompaghre, and Gunnison National Forests, which - comprise approximately 19,776 acres, as generally depicted on a - map titled ``Unaweep & Palisade Proposed Wilderness'', dated - October 9, 2019, which shall be known as the Unaweep - Wilderness. - (9) Certain lands managed by the Grand Junction Field - Office of the Bureau of Land Management and Uncompaghre Field - Office of the Bureau of Land Management and in the Manti-LaSal - National Forest, which comprise approximately 37,637 acres, as - generally depicted on a map titled ``Sewemup Mesa Proposed - Wilderness'', dated November 7, 2019, which shall be known as - the Sewemup Mesa Wilderness. - (10) Certain lands managed by the Kremmling Field Office of - the Bureau of Land Management, which comprise approximately 31 - acres, as generally depicted on a map titled ``Platte River - Addition Proposed Wilderness'', dated July 20, 2018, and which - are hereby incorporated in and shall be deemed to be part of - the Platte River Wilderness designated by Public Law 98-550. - (11) Certain lands managed by the Uncompahgre Field Office - of the Bureau of Land Management, which comprise approximately - 17,587 acres, as generally depicted on a map titled ``Roubideau - Proposed Wilderness'', dated October 9, 2019, which shall be - known as the Roubideau Wilderness. - (12) Certain lands managed by the Uncompahgre Field Office - of the Bureau of Land Management or located in the Grand Mesa, - Uncompaghre, and Gunnison National Forests, which comprise - approximately 12,102 acres, as generally depicted on a map - titled ``Norwood Canyon Proposed Wilderness'', dated November - 7, 2019, which shall be known as the Norwood Canyon Wilderness. - (13) Certain lands managed by the Tres Rios Field Office of - the Bureau of Land Management, which comprise approximately - 24,475 acres, as generally depicted on a map titled ``Papoose & - Cross Canyon Proposed Wilderness'', and dated January 29, 2020, - which shall be known as the Cross Canyon Wilderness. - (14) Certain lands managed by the Tres Rios Field Office of - the Bureau of Land Management, which comprise approximately - 21,220 acres, as generally depicted on a map titled ``McKenna - Peak Proposed Wilderness'', dated October 16, 2019, which shall - be known as the McKenna Peak Wilderness. - (15) Certain lands managed by the Tres Rios Field Office of - the Bureau of Land Management, which comprise approximately - 14,270 acres, as generally depicted on a map titled ``Weber- - Menefee Mountain Proposed Wilderness'', dated October 9, 2019, - which shall be known as the Weber-Menefee Mountain Wilderness. - (16) Certain lands managed by the Uncompahgre and Tres Rios - Field Offices of the Bureau of Land Management or the Bureau of - Reclamation, which comprise approximately 33,351 acres, as - generally depicted on a map titled ``Dolores River Canyon - Proposed Wilderness'', dated November 7, 2019, which shall be - known as the Dolores River Canyon Wilderness. - (17) Certain lands managed by the Royal Gorge Field Office - of the Bureau of Land Management or located in the Pike and San - Isabel National Forests, which comprise approximately 17,922 - acres, as generally depicted on a map titled ``Browns Canyon - Proposed Wilderness'', dated October 9, 2019, which shall be - known as the Browns Canyon Wilderness. - (18) Certain lands managed by the San Luis Field Office of - the Bureau of Land Management, which comprise approximately - 10,527 acres, as generally depicted on a map titled ``San Luis - Hills Proposed Wilderness'', dated October 9, 2019 which shall - be known as the San Luis Hills Wilderness. - (19) Certain lands managed by the Royal Gorge Field Office - of the Bureau of Land Management, which comprise approximately - 23,559 acres, as generally depicted on a map titled ``Table - Mountain & McIntyre Hills Proposed Wilderness'', dated November - 7, 2019, which shall be known as the Table Mountain Wilderness. - (20) Certain lands managed by the Tres Rios Field Office of - the Bureau of Land Management or located in the San Juan - National Forest, which comprise approximately 10,844 acres, as - generally depicted on a map titled ``North & South Ponderosa - Gorge Proposed Wilderness'', and dated January 31, 2020, which - shall be known as the North Ponderosa Gorge Wilderness. - (21) Certain lands managed by the Tres Rios Field Office of - the Bureau of Land Management or located in the San Juan - National Forest, which comprise approximately 12,393 acres, as - generally depicted on a map titled ``North & South Ponderosa - Gorge Proposed Wilderness'', and dated January 31, 2020 which - shall be known as the South Ponderosa Gorge Wilderness. - (22) Certain lands managed by the Little Snake Field Office - of the Bureau of Land Management which comprise approximately - 33,168 acres, as generally depicted on a map titled ``Diamond - Breaks Proposed Wilderness'', and dated January 31, 2020 which - shall be known as the Diamond Breaks Wilderness. - (23) Certain lands managed by the Tres Rios Field Office of - the Bureau of Land Management which comprises approximately - 4,782 acres, as generally depicted on the map titled ``Papoose - & Cross Canyon Proposed Wilderness'''', and dated January 29, - 2020 which shall be known as the Papoose Canyon Wilderness. - (c) West Elk Addition.--Certain lands in the State of Colorado -administered by the Gunnison Field Office of the Bureau of Land -Management, the United States National Park Service, and the Bureau of -Reclamation, which comprise approximately 6,695 acres, as generally -depicted on a map titled ``West Elk Addition Proposed Wilderness'', -dated October 9, 2019, are hereby designated as wilderness and, -therefore, as components of the National Wilderness Preservation System -and are hereby incorporated in and shall be deemed to be a part of the -West Elk Wilderness designated by Public Law 88-577. The boundary -adjacent to Blue Mesa Reservoir shall be 50 feet landward from the -water's edge, and shall change according to the water level. - (d) Blue Mesa Reservoir.--If the Bureau of Reclamation determines -that lands within the West Elk Wilderness Addition are necessary for -future expansion of the Blue Mesa Reservoir, the Secretary shall by -publication of a revised boundary description in the Federal Register -revise the boundary of the West Elk Wilderness Addition. - (e) Maps and Descriptions.--As soon as practicable after the date -of enactment of the Act, the Secretary shall file a map and a boundary -description of each area designated as wilderness by this section with -the Committee on Natural Resources of the House of Representatives and -the Committee on Energy and Natural Resources of the Senate. Each map -and boundary description shall have the same force and effect as if -included in this title, except that the Secretary may correct clerical -and typographical errors in the map or boundary description. The maps -and boundary descriptions shall be on file and available for public -inspection in the Office of the Director of the Bureau of Land -Management, Department of the Interior, and in the Office of the Chief -of the Forest Service, Department of Agriculture, as appropriate. - (f) State and Private Lands.--Lands within the exterior boundaries -of any wilderness area designated under this section that are owned by -a private entity or by the State of Colorado, including lands -administered by the Colorado State Land Board, shall be included within -such wilderness area if such lands are acquired by the United States. -Such lands may be acquired by the United States only as provided in the -Wilderness Act (16 U.S.C. 1131 et seq.). - -SEC. 20103. ADMINISTRATIVE PROVISIONS. - - (a) In General.--Subject to valid existing rights, lands designated -as wilderness by this title shall be managed by the Secretary in -accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this -title, except that, with respect to any wilderness areas designated by -this title, any reference in the Wilderness Act to the effective date -of the Wilderness Act shall be deemed to be a reference to the date of -enactment of this Act. - (b) Grazing.--Grazing of livestock in wilderness areas designated -by this title shall be administered in accordance with the provisions -of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as -further interpreted by section 108 of Public Law 96-560, and the -guidelines set forth in appendix A of House Report 101-405 of the 101st -Congress. - (c) State Jurisdiction.--As provided in section 4(d)(7) of the -Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title shall be -construed as affecting the jurisdiction or responsibilities of the -State of Colorado with respect to wildlife and fish in Colorado. - (d) Buffer Zones.-- - (1) In general.--Nothing in this title creates a protective - perimeter or buffer zone around any area designated as - wilderness by this title. - (2) Activities outside wilderness.--The fact that an - activity or use on land outside the areas designated as - wilderness by this title can be seen or heard within the - wilderness shall not preclude the activity or use outside the - boundary of the wilderness. - (e) Military Helicopter Overflights and Operations.-- - (1) In general.--Nothing in this title restricts or - precludes-- - (A) low-level overflights of military helicopters - over the areas designated as wilderness by this title, - including military overflights that can be seen or - heard within any wilderness area; - (B) military flight testing and evaluation; - (C) the designation or creation of new units of - special use airspace, or the establishment of military - flight training routes over any wilderness area; or - (D) helicopter operations at designated landing - zones within the potential wilderness areas established - by subsection (i)(1). - (2) Aerial navigation training exercises.--The Colorado - Army National Guard, through the High-Altitude Army National - Guard Aviation Training Site, may conduct aerial navigation - training maneuver exercises over, and associated operations - within, the potential wilderness areas designated by this - title-- - (A) in a manner and degree consistent with the - memorandum of understanding dated August 4, 1987, - entered into among the Colorado Army National Guard, - the Bureau of Land Management, and the Forest Service; - or - (B) in a manner consistent with any subsequent - memorandum of understanding entered into among the - Colorado Army National Guard, the Bureau of Land - Management, and the Forest Service. - (f) Running Events.--The Secretary may continue to authorize -competitive running events currently permitted in the Redcloud Peak -Wilderness Area and Handies Peak Wilderness Area in a manner compatible -with the preservation of such areas as wilderness. - (g) Land Trades.--If the Secretary trades privately owned land -within the perimeter of the Redcloud Peak Wilderness Area or the -Handies Peak Wilderness Area in exchange for Federal land, then such -Federal land shall be located in Hinsdale County, Colorado. - (h) Recreational Climbing.--Nothing in this title prohibits -recreational rock climbing activities in the wilderness areas, such as -the placement, use, and maintenance of fixed anchors, including any -fixed anchor established before the date of the enactment of this Act-- - (1) in accordance with the Wilderness Act (16 U.S.C. 1131 - et seq.); and - (2) subject to any terms and conditions determined to be - necessary by the Secretary. - (i) Potential Wilderness Designations.-- - (1) In general.--The following lands are designated as - potential wilderness areas: - (A) Certain lands managed by the Colorado River - Valley Field Office of the Bureau of Land Management, - which comprise approximately 7,376 acres, as generally - depicted on a map titled ``Pisgah East & West Proposed - Wilderness'' and dated October 16, 2019, which, upon - designation as wilderness under paragraph (2), shall be - known as the Pisgah East Wilderness. - (B) Certain lands managed by the Colorado River - Valley Field Office of the Bureau of Land Management, - which comprise approximately 6,828 acres, as generally - depicted on a map titled ``Pisgah East & West Proposed - Wilderness'' and dated October 16, 2019, which, upon - designation as wilderness under paragraph (2), shall be - known as the Pisgah West Wilderness. - (C) Certain lands managed by the Colorado River - Valley Field Office of the Bureau of Land Management or - located in the White River National Forest, which - comprise approximately 16,101 acres, as generally - depicted on a map titled ``Flat Tops Proposed - Wilderness Addition'', dated October 9, 2019, and - which, upon designation as wilderness under paragraph - (2), shall be incorporated in and shall be deemed to be - a part of the Flat Tops Wilderness designated by Public - Law 94-146. - (2) Designation as wilderness.--Lands designated as a - potential wilderness area by subparagraphs (A) through (C) of - paragraph (1) shall be designated as wilderness on the date on - which the Secretary publishes in the Federal Register a notice - that all nonconforming uses of those lands authorized by - subsection (e) in the potential wilderness area that would be - in violation of the Wilderness Act (16 U.S.C. 1131 et seq.) - have ceased. Such publication in the Federal Register and - designation as wilderness shall occur for the potential - wilderness area as the nonconforming uses cease in that - potential wilderness area and designation as wilderness is not - dependent on cessation of nonconforming uses in the other - potential wilderness area. - (3) Management.--Except for activities provided for under - subsection (e), lands designated as a potential wilderness area - by paragraph (1) shall be managed by the Secretary in - accordance with the Wilderness Act as wilderness pending the - designation of such lands as wilderness under this subsection. - -SEC. 20104. WATER. - - (a) Effect on Water Rights.--Nothing in this title-- - (1) affects the use or allocation, in existence on the date - of enactment of this Act, of any water, water right, or - interest in water; - (2) affects any vested absolute or decreed conditional - water right in existence on the date of enactment of this Act, - including any water right held by the United States; - (3) affects any interstate water compact in existence on - the date of enactment of this Act; - (4) authorizes or imposes any new reserved Federal water - rights; and - (5) shall be considered to be a relinquishment or reduction - of any water rights reserved or appropriated by the United - States in the State of Colorado on or before the date of the - enactment of this Act. - (b) Midstream Areas.-- - (1) Purpose.--The purpose of this subsection is to protect - for the benefit and enjoyment of present and future - generations-- - (A) the unique and nationally important values of - areas designated as wilderness by section 20102(b) - (including the geological, cultural, archaeological, - paleontological, natural, scientific, recreational, - environmental, biological, wilderness, wildlife, - riparian, historical, educational, and scenic resources - of the public land); and - (B) the water resources of area streams, based on - seasonally available flows, that are necessary to - support aquatic, riparian, and terrestrial species and - communities. - (2) Wilderness water rights.-- - (A) In general.--The Secretary shall ensure that - any water rights within the wilderness designated by - section 20102(b) required to fulfill the purposes of - such wilderness are secured in accordance with - subparagraphs (B) through (G). - (B) State law.-- - (i) Procedural requirements.--Any water - rights for which the Secretary pursues - adjudication shall be appropriated, - adjudicated, changed, and administered in - accordance with the procedural requirements and - priority system of State law. - (ii) Establishment of water rights.-- - (I) In general.--Except as provided - in subclause (II), the purposes and - other substantive characteristics of - the water rights pursued under this - paragraph shall be established in - accordance with State law. - (II) Exception.--Notwithstanding - subclause (I) and in accordance with - this title, the Secretary may - appropriate and seek adjudication of - water rights to maintain surface water - levels and stream flows on and across - the wilderness designated by section - 20102(b) to fulfill the purposes of - such wilderness. - (C) Deadline.--The Secretary shall promptly, but - not earlier than January 1, 2021, appropriate the water - rights required to fulfill the purposes of the - wilderness designated by section 20102(b). - (D) Required determination.--The Secretary shall - not pursue adjudication for any instream flow water - rights unless the Secretary makes a determination - pursuant to subparagraph (E)(ii) or (F). - (E) Cooperative enforcement.-- - (i) In general.--The Secretary shall not - pursue adjudication of any Federal instream - flow water rights established under this - paragraph if-- - (I) the Secretary determines, upon - adjudication of the water rights by the - Colorado Water Conservation Board, that - the Board holds water rights sufficient - in priority, amount, and timing to - fulfill the purposes of this - subsection; and - (II) the Secretary has entered into - a perpetual agreement with the Colorado - Water Conservation Board to ensure full - exercise, protection, and enforcement - of the State water rights within the - wilderness to reliably fulfill the - purposes of this subsection. - (ii) Adjudication.--If the Secretary - determines that the provisions of clause (i) - have not been met, the Secretary shall - adjudicate and exercise any Federal water - rights required to fulfill the purposes of the - wilderness in accordance with this paragraph. - (F) Insufficient water rights.--If the Colorado - Water Conservation Board modifies the instream flow - water rights obtained under subparagraph (E) to such a - degree that the Secretary determines that water rights - held by the State are insufficient to fulfill the - purposes of this title, the Secretary shall adjudicate - and exercise Federal water rights required to fulfill - the purposes of this title in accordance with - subparagraph (B). - (G) Failure to comply.--The Secretary shall - promptly act to exercise and enforce the water rights - described in subparagraph (E) if the Secretary - determines that-- - (i) the State is not exercising its water - rights consistent with subparagraph (E)(i)(I); - or - (ii) the agreement described in - subparagraph (E)(i)(II) is not fulfilled or - complied with sufficiently to fulfill the - purposes of this title. - (3) Water resource facility.--Notwithstanding any other - provision of law, beginning on the date of enactment of this - title, neither the President nor any other officer, employee, - or agent of the United States shall fund, assist, authorize, or - issue a license or permit for development of any new irrigation - and pumping facility, reservoir, water conservation work, - aqueduct, canal, ditch, pipeline, well, hydropower project, - transmission, other ancillary facility, or other water, - diversion, storage, or carriage structure in the wilderness - designated by section 20102(b). - (c) Access and Operation.-- - (1) Definition.--As used in this subsection, the term - ``water resource facility'' means irrigation and pumping - facilities, reservoirs, water conservation works, aqueducts, - canals, ditches, pipelines, wells, hydropower projects, - transmission and other ancillary facilities, and other water - diversion, storage, and carriage structures. - (2) Access to water resource facilities.--Subject to the - provisions of this subsection, the Secretary shall allow - reasonable access to water resource facilities in existence on - the date of enactment of this Act within the areas described in - sections 20102(b) and 20102(c), including motorized access - where necessary and customarily employed on routes existing as - of the date of enactment of this Act. - (3) Access routes.--Existing access routes within such - areas customarily employed as of the date of enactment of this - Act may be used, maintained, repaired, and replaced to the - extent necessary to maintain their present function, design, - and serviceable operation, so long as such activities have no - increased adverse impacts on the resources and values of the - areas described in sections 20102(b) and 20102(c) than existed - as of the date of enactment of this Act. - (4) Use of water resource facilities.--Subject to the - provisions of this subsection and subsection (a)(4), the - Secretary shall allow water resource facilities existing on the - date of enactment of this Act within areas described in - sections 20102(b) and 20102(c) to be used, operated, - maintained, repaired, and replaced to the extent necessary for - the continued exercise, in accordance with Colorado State law, - of vested water rights adjudicated for use in connection with - such facilities by a court of competent jurisdiction prior to - the date of enactment of this Act. The impact of an existing - facility on the water resources and values of the area shall - not be increased as a result of changes in the adjudicated type - of use of such facility as of the date of enactment of this - Act. - (5) Repair and maintenance.--Water resource facilities, and - access routes serving such facilities, existing within the - areas described in sections 20102(b) and 20102(c) on the date - of enactment of this Act shall be maintained and repaired when - and to the extent necessary to prevent increased adverse - impacts on the resources and values of the areas described in - sections 20102(b) and 20102(c). - -SEC. 20105. SENSE OF CONGRESS. - - It is the sense of Congress that military aviation training on -Federal public lands in Colorado, including the training conducted at -the High-Altitude Army National Guard Aviation Training Site, is -critical to the national security of the United States and the -readiness of the Armed Forces. - -SEC. 20106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE EXPANSION - OF WILDERNESS DESIGNATIONS IN THE WESTERN UNITED STATES - WOULD HAVE ON THE READINESS OF THE ARMED FORCES OF THE - UNITED STATES WITH RESPECT TO AVIATION TRAINING. +``42501. Definitions. +``42502. National Shipper Advisory Committee. +``42503. Administration. - (a) Study Required.--The Secretary of Defense shall conduct a study -on the impacts that the expansion of wilderness designations in the -Western United States would have on the readiness of the Armed Forces -of the United States with respect to aviation training. - (b) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary shall submit to the Committees on -Armed Services of the Senate and House of Representatives a report on -the study required under subsection (a). +``Sec. 42501. Definitions + ``In this chapter: + ``(1) Commission.--The term `Commission' means the Federal + Maritime Commission. + ``(2) Committee.--The term `Committee' means the National + Shipper Advisory Committee established under section 42502. +``Sec. 42502. National Shipper Advisory Committee + ``(a) Establishment.--There is established a National Shipper +Advisory Committee. + ``(b) Function.--The Committee shall advise the Federal Maritime +Commission on policies relating to the competitiveness, reliability, +integrity, and fairness of the international ocean freight delivery +system. + ``(c) Membership.-- + ``(1) In general.--The Committee shall consist of 24 members + appointed by the Commission in accordance with this section. + ``(2) Expertise.--Each member of the Committee shall have + particular expertise, knowledge, and experience in matters relating + to the function of the Committee. + ``(3) Representation.--REPRESENTATION.--Members of the + Committee shall be appointed as follows: -- + ``(A) Twelve members shall represent entities who import + cargo to the United States using ocean common carriers. + ``(B) Twelve members shall represent entities who export + cargo from the United States using ocean common carriers. +``Sec. 42503. Administration + ``(a) Meetings.--The Committee shall, not less than once each year, +meet at the call of the Commission or a majority of the members of the +Committee. + ``(b) Employee Status.--A member of the Committee shall not be +considered an employee of the Federal Government by reason of service +on such Committee, except for the purposes of the following: + ``(1) Chapter 81 of title 5. + ``(2) Chapter 171 of title 28 and any other Federal law + relating to tort liability. + ``(c) Volunteer Services and Compensation.-- + ``(1) Notwithstanding any other provision of law, a member of + the Committee may serve on such committee on a voluntary basis + without pay. + ``(2) No member of the Committee shall receive compensation for + service on the Committee. + ``(d) Status of Members.-- + ``(1) In general.--Except as provided in paragraph (2), with + respect to a member of the Committee whom the Commission appoints + to represent an entity or group-- + ``(A) the member is authorized to represent the interests + of the applicable entity or group; and + ``(B) requirements under Federal law that would interfere + with such representation and that apply to a special Government + employee (as defined in section 202(a) of title 18), including + requirements relating to employee conduct, political + activities, ethics, conflicts of interest, and corruption, do + not apply to the member. + ``(2) Exception.--Notwithstanding subsection (b), a member of + the Committee shall be treated as a special Government employee for + purposes of the committee service of the member if the member, + without regard to service on the Committee, is a special Government + employee. + ``(e) Service on Committee.-- + ``(1) Solicitation of nominations.--Before appointing an + individual as a member of the Committee, the Commission shall + publish a timely notice in the Federal Register soliciting + nominations for membership on such Committee. + ``(2) Appointments.-- + ``(A) In general.--After considering nominations received + pursuant to a notice published under paragraph (1), the + Commission may appoint a member to the Committee. + ``(B) Prohibition.--The Commission shall not seek, + consider, or otherwise use information concerning the political + affiliation of a nominee in making an appointment to the + Committee. + ``(3) Service at pleasure of commission.--Each member of the + Committee shall serve at the pleasure of the Commission. + ``(4) Security background examinations.--The Commission may + require an individual to have passed an appropriate security + background examination before appointment to the Committee. + ``(5) Prohibition.--A Federal employee may not be appointed as + a member of the Committee. + ``(6) Terms.-- + ``(A) In general.--The term of each member of the Committee + shall expire on December 31 of the third full year after the + effective date of the appointment. + ``(B) Continued service after term.--When the term of a + member of the Committee ends, the member, for a period not to + exceed 1 year, may continue to serve as a member until a + successor is appointed. + ``(7) Vacancies.--A vacancy on the Committee shall be filled in + the same manner as the original appointment. + ``(8) Special rule for reappointments.--Notwithstanding + paragraphs (1) and (2), the Commission may reappoint a member of a + committee for any term, other than the first term of the member, + without soliciting, receiving, or considering nominations for such + appointment. + ``(f) Staff Services.--The Commission shall furnish to the +Committee any staff and services considered by the Commission to be +necessary for the conduct of the Committee's functions. + ``(g) Chair; Vice Chair.-- + ``(1) In general.--The Committee shall elect a Chair and Vice + Chair from among the committee's members. + ``(2) Vice chairman acting as chairman.--The Vice Chair shall + act as Chair in the absence or incapacity of, or in the event of a + vacancy in the office of, the Chair. + ``(h) Subcommittees and Working Groups.-- + ``(1) In general.--The Chair of the Committee may establish and + disestablish subcommittees and working groups for any purpose + consistent with the function of the Committee. + ``(2) Participants.--Subject to conditions imposed by the + Chair, members of the Committee may be assigned to subcommittees + and working groups established under paragraph (1). + ``(i) Consultation, Advice, Reports, and Recommendations.-- + ``(1) Consultation.--Before taking any significant action, the + Commission shall consult with, and consider the information, + advice, and recommendations of, the Committee if the function of + the Committee is to advise the Commission on matters related to the + significant action. + ``(2) Advice, reports, and recommendations.--The Committee + shall submit, in writing, to the Commission its advice, reports, + and recommendations, in a form and at a frequency determined + appropriate by the Committee. + ``(3) Explanation of actions taken.--Not later than 60 days + after the date on which the Commission receives recommendations + from the Committee under paragraph (2), the Commission shall-- + ``(A) publish the recommendations on a public website; and + ``(B) respond, in writing, to the Committee regarding the + recommendations, including by providing an explanation of + actions taken regarding the recommendations. + ``(4) Submission to congress.--The Commission shall submit to + the Committee on Transportation and Infrastructure of the House of + Representatives and the Committee on Commerce, Science, and + Transportation of the Senate the advice, reports, and + recommendations received from the Committee under paragraph (2). + ``(j) Observers.--The Commission may designate a representative +to-- + ``(1) attend any meeting of the Committee; and + ``(2) participate as an observer at such meeting. + ``(k) Termination.--The Committee shall terminate on September 30, +2029.''. + (b) No Additional Funds Authorized.--No funds in addition to the +funds authorized in section 308 of title 46, United States Code, are +authorized to carry out this title or the amendments made by this +section. + (c) Clerical Amendment.--The analysis for subtitle IV of title 46, +United States Code, is amended by inserting after the item related to +chapter 423 the following: - TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING - FORESTS + ``Chapter 425--National Shipper Advisory Committee''. -SEC. 20201. SHORT TITLE. +SEC. 8605. TRANSFER OF FEDERAL MARITIME COMMISSION PROVISIONS. + (a) Transfer.-- + (1) Subtitle IV of title 46, United States Code, is amended by + adding at the end the following: - This title may be cited as the ``Northwest California Wilderness, -Recreation, and Working Forests Act''. + ``PART D--FEDERAL MARITIME COMMISSION -SEC. 20202. DEFINITIONS. + ``CHAPTER 461--FEDERAL MARITIME COMMISSION''. - In this title: - (1) Secretary.--The term ``Secretary'' means-- - (A) with respect to land under the jurisdiction of - the Secretary of Agriculture, the Secretary of - Agriculture; and - (B) with respect to land under the jurisdiction of - the Secretary of the Interior, the Secretary of the - Interior. - (2) State.--The term ``State'' means the State of - California. + (2) Chapter 3 of title 46, United States Code, is redesignated + as chapter 461 of part D of subtitle IV of such title and + transferred to appear in such part. + (3) Sections 301 through 308 of such title are redesignated as + sections 46101 through 46108, respectively, of such title. + (b) Conforming Amendments.-- + (1) Section 46101(c)(3)(A)(v) of title 46, United States Code, + as so redesignated, is amended by striking ``304'' and inserting + ``46104''. + (2) section 322(b) of the Coast Guard Personnel and Maritime + Safety Act of 2002 (31 U.S.C. 1113 note) is amended by striking + ``208 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118)'' and + inserting ``46106(a) of title 46, United States Code''. + (3) Section 1031(23) of the National Defense Authorization Act + for Fiscal Year 2000 (31 U.S.C. 1113 note) is amended by striking + ``208, 901(b)(2), and 1211 of the Merchant Marine Act, 1936 (46 + App. U.S.C. 1118, 1241(b)(2), 1291)'' and inserting ``44106(a) and + 55305(d) of title 46, United States Code''. + (4) The analysis for subtitle I of title 46, United States + Code, is amended by striking the item relating to chapter 3. + (5) The analysis for subtitle IV of such title is amended by + adding at the end the following: + + <SUP>``Part</SUP> D--Federal</SUP> Maritime</SUP> Commission + +</SUP>``461. Federal Maritime Commission........................46101''. + + (6) The analysis for chapter 461 of part D of subtitle IV of + such title, as so redesignated, is amended to read as follows: - Subtitle A--Restoration and Economic Development +``Sec. +``46101. General organization. +``46102. Quorum. +``46103. Meetings. +``46104. Delegation of authority. +``46105. Regulations. +``46106. Annual report. +``46107. Expenditures. +``46108. Authorization of appropriations.''. -SEC. 20211. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA. + (c) Technical Correction.--Section 46103(c)(3) of title 46, United +States Code, as so redesignated, is amended by striking ``555b(c)'' and +inserting ``552b(c)''. + DIVISION H--OTHER MATTERS + TITLE XC--HOMELAND SECURITY MATTERS + +Sec. 9001. Department of Homeland Security CISA Director. +Sec. 9002. Sector risk management agencies. +Sec. 9003. Review and analysis of inland waters seaport security. +Sec. 9004. Department of Homeland Security reports on digital content + forgery technology. +Sec. 9005. GAO study of cybersecurity insurance. +Sec. 9006. Strategy to secure email. +Sec. 9007. Department of Homeland Security large-scale non-intrusive + inspection scanning plan. +SEC. 9001. DEPARTMENT OF HOMELAND SECURITY CISA DIRECTOR. + (a) In General.--Subsection (b) of section 2202 of the Homeland +Security Act of 2002 (6 U.S.C. 652) is amended by-- + (1) redesignating paragraph (2) as paragraph (3); and + (2) inserting after paragraph (1) the following new paragraph: + ``(2) Qualifications.-- + ``(A) In general.--The Director shall be appointed from + among individuals who have-- + ``(i) extensive knowledge in at least two of the areas + specified in subparagraph (B); and + ``(ii) not fewer than five years of demonstrated + experience in efforts to foster coordination and + collaboration between the Federal Government, the private + sector, and other entities on issues related to + cybersecurity, infrastructure security, or security risk + management. + ``(B) Specified areas.--The areas specified in this + subparagraph are the following: + ``(i) Cybersecurity. + ``(ii) Infrastructure security. + ``(iii) Security risk management.''. + (b) Amendment to Position Level of CISA Director.--Subchapter II of +chapter 53 of title 5, United States Code, is amended-- + (1) in section 5313, by inserting after ``Administrator of the + Transportation Security Administration.'' the following: + ``Director, Cybersecurity and Infrastructure Security + Agency.''; and + (2) in section 5314, by striking ``Director, Cybersecurity and + Infrastructure Security Agency.''. + (c) Executive Assistant Director for Cybersecurity.-- + (1) In general.--Section 2203 of the Homeland Security Act of + 2002 (6 U.S.C. 653) is amended-- + (A) in subsection (a)-- + (i) in paragraph (2)-- + + (I) in the heading, by striking ``Assistant + director.--'' and inserting ``Executive assistant + director.--''; and + (II) in the matter preceding subparagraph (A)-- + + (aa) by striking ``Assistant Director for + Cybersecurity'' and inserting ``Executive Assistant + Director for Cybersecurity''; and + (bb) by striking ``the `Assistant Director' and + inserting `the Executive Assistant Director'''; and + (ii) in paragraph (3)-- + + (I) by inserting ``or Assistant Director for + Cybersecurity'' after ``Assistant Secretary for + Cybersecurity and Communications''; and + (II) by striking ``Assistant Director for + Cybersecurity.'' and inserting ``Executive Assistant + Director for Cybersecurity.''; and + + (B) in subsection (b), in the matter preceding paragraph + (1), by striking ``Assistant Director'' and inserting + ``Executive Assistant Director''. + (2) Continuation in office.--The individual serving as the + Assistant Director for Cybersecurity of the Cybersecurity and + Infrastructure Security Agency of the Department of Homeland + Security on the day before the date of enactment of this Act may + serve as the Executive Assistant Director for Cybersecurity on and + after that date without the need for renomination or reappointment. + (d) Executive Assistant Director for Infrastructure Security.-- + (1) In general.--Section 2204 of the Homeland Security Act of + 2002 (6 U.S.C. 654) is amended-- + (A) in subsection (a)-- + (i) in paragraph (2)-- + + (I) in the heading, by striking ``Assistant + director.--'' and inserting ``Executive assistant + director.--''; and + (II) in the matter preceding subparagraph (A)-- + + (aa) by striking ``Assistant Director for + Infrastructure Security'' and inserting ``Executive + Assistant Director for Infrastructure Security''; + and + (bb) by striking ``the `Assistant Director' and + inserting `the Executive Assistant Director'''; and + (ii) in paragraph (3)-- + + (I) by inserting ``or Assistant Director for + Infrastructure Security'' after ``Assistant Secretary + for Infrastructure Protection''; and + (II) by striking ``Assistant Director for + Infrastructure Security.'' and inserting ``Executive + Assistant Director for Infrastructure Security.''; and + + (B) in subsection (b), by striking ``Assistant Director'' + in the matter preceding paragraph (1) and inserting ``Executive + Assistant Director''. + (2) Continuation in office.--The individual serving as the + Assistant Director for Infrastructure Security of the Cybersecurity + and Infrastructure Security Agency of the Department of Homeland + Security on the day before the date of enactment of this Act may + serve as the Executive Assistant Director for Infrastructure + Security on and after that date without the need for renomination + or reappointment. + (e) Executive Assistant Director for Emergency Communications.-- + (1) In general.--Section 1801 of the Homeland Security Act of + 2002 (6 U.S.C. 571) is amended-- + (A) in subsection (b)-- + (i) in the heading, by striking ``Assistant Director.-- + '' and inserting ``Executive Assistant Director.--''; + (ii) in the first sentence, by striking ``Assistant + Director for Emergency Communications.'' and inserting + ``Executive Assistant Director for Emergency Communications + (in this section referred to as the `Executive Assistant + Director').''; and + (iii) in the second and third sentences, by striking + ``Assistant Director'' both places such term appears and + inserting ``Executive Assistant Director''; and + (B) in subsection (c), in the matter preceding paragraph + (1), by striking ``Assistant Director for Emergency + Communications'' and inserting ``Executive Assistant + Director''; + (C) in subsection (d), in the matter preceding paragraph + (1), by striking ``Assistant Director for Emergency + Communications'' and inserting ``Executive Assistant + Director''; + (D) in subsection (e), in the matter preceding paragraph + (1), by striking ``Assistant Director for Emergency + Communications'' and inserting ``Executive Assistant + Director''; and + (E) by adding at the end the following new subsection: + ``(g) Reference.--Any reference to the Assistant Director for +Emergency Communications in any law, regulation, map, document, record, +or other paper of the United States shall be deemed to be a reference +to the Executive Assistant Director for Emergency Communications.''. + (2) Continuation in office.--The individual serving as the + Assistant Director for Emergency Communications of the Department + of Homeland Security on the day before the date of enactment of + this Act may serve as the Executive Assistant Director for + Emergency Communications on and after that date. +SEC. 9002. SECTOR RISK MANAGEMENT AGENCIES. (a) Definitions.--In this section: - (1) Collaboratively developed.--The term ``collaboratively - developed'' means projects that are developed and implemented - through a collaborative process that-- - (A) includes-- - (i) appropriate Federal, State, and local - agencies; and - (ii) multiple interested persons - representing diverse interests; and - (B) is transparent and nonexclusive. - (2) Plantation.--The term ``plantation'' means a forested - area that has been artificially established by planting or - seeding. - (3) Restoration.--The term ``restoration'' means the - process of assisting the recovery of an ecosystem that has been - degraded, damaged, or destroyed by establishing the - composition, structure, pattern, and ecological processes - necessary to facilitate terrestrial and aquatic ecosystem - sustainability, resilience, and health under current and future - conditions. - (4) Restoration area.--The term ``restoration area'' means - the South Fork Trinity-Mad River Restoration Area, established - by subsection (b). - (5) Shaded fuel break.--The term ``shaded fuel break'' - means a vegetation treatment that effectively addresses all - project-generated slash and that retains: adequate canopy cover - to suppress plant regrowth in the forest understory following - treatment; the longest lived trees that provide the most shade - over the longest period of time; the healthiest and most - vigorous trees with the greatest potential for crown-growth in - plantations and in natural stands adjacent to plantations; and - all mature hardwoods, when practicable. - (6) Stewardship contract.--The term ``stewardship - contract'' means an agreement or contract entered into under - section 604 of the Healthy Forests Restoration Act of 2003 (16 - U.S.C. 6591c). - (7) Wildland-urban interface.--The term ``wildland-urban - interface'' has the meaning given the term by section 101 of - the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). - (b) Establishment.--Subject to valid existing rights, there is -established the South Fork Trinity-Mad River Restoration Area, -comprising approximately 729,089 acres of Federal land administered by -the Forest Service and approximately 1,280 acres of Federal land -administered by the Bureau of Land Management, as generally depicted on -the map entitled ``South Fork Trinity-Mad River Restoration Area-- -Proposed'' and dated July 3, 2018, to be known as the South Fork -Trinity-Mad River Restoration Area. - (c) Purposes.--The purposes of the restoration area are to-- - (1) establish, restore, and maintain fire-resilient forest - structures containing late successional forest structure - characterized by large trees and multistoried canopies, as - ecologically appropriate; - (2) protect late successional reserves; - (3) enhance the restoration of Federal lands within the - restoration area; - (4) reduce the threat posed by wildfires to communities - within the restoration area; - (5) protect and restore aquatic habitat and anadromous - fisheries; - (6) protect the quality of water within the restoration - area; and - (7) allow visitors to enjoy the scenic, recreational, - natural, cultural, and wildlife values of the restoration area. - (d) Management.-- - (1) In general.--The Secretary shall manage the restoration - area-- - (A) in a manner consistent with the purposes - described in subsection (c); - (B) in a manner that-- - (i) in the case of the Forest Service, - prioritizes restoration of the restoration area - over other nonemergency vegetation management - projects on the portions of the Six Rivers and - Shasta-Trinity National Forests in Humboldt and - Trinity Counties; and - (ii) in the case of the United States Fish - and Wildlife Service, establishes with the - Forest Service an agreement for cooperation to - ensure timely completion of consultation - required by section 7 of the Endangered Species - Act (15 U.S.C. 1536) on restoration projects - within the restoration area and agreement to - maintain and exchange information on planning - schedules and priorities on a regular basis; - (C) in accordance with-- - (i) the laws (including regulations) and - rules applicable to the National Forest System - for land managed by the Forest Service; - (ii) the Federal Land Policy and Management - Act of 1976 (43 U.S.C. 1701 et seq.) for land - managed by the Bureau of Land Management; - (iii) this title; and - (iv) any other applicable law (including - regulations); and - (D) in a manner consistent with congressional - intent that consultation for restoration projects - within the restoration area is completed in a timely - and efficient manner. - (2) Conflict of laws.-- - (A) In general.--The establishment of the - restoration area shall not change the management status - of any land or water that is designated wilderness or - as a wild and scenic river, including lands and waters - designated by this title. - (B) Resolution of conflict.--If there is a conflict - between the laws applicable to the areas described in - subparagraph (A) and this section, the more restrictive - provision shall control. - (3) Uses.-- - (A) In general.--The Secretary shall only allow - uses of the restoration area that the Secretary - determines would further the purposes described in - subsection (c). - (B) Priority.--The Secretary shall prioritize - restoration activities within the restoration area. - (C) Limitation.--Nothing in this section shall - limit the Secretary's ability to plan, approve, or - prioritize activities outside of the restoration area. - (4) Wildland fire.-- - (A) In general.--Nothing in this section prohibits - the Secretary, in cooperation with other Federal, - State, and local agencies, as appropriate, from - conducting wildland fire operations in the restoration - area, consistent with the purposes of this section. - (B) Priority.--The Secretary may use prescribed - burning and managed wildland fire to the fullest extent - practicable to achieve the purposes of this section. - (5) Road decommissioning.-- - (A) In general.--To the extent practicable, the - Secretary shall decommission unneeded National Forest - System roads identified for decommissioning and - unauthorized roads identified for decommissioning - within the restoration area-- - (i) subject to appropriations; - (ii) consistent with the analysis required - by subparts A and B of part 212 of title 36, - Code of Federal Regulations; and - (iii) in accordance with existing law. - (B) Additional requirement.--In making - determinations regarding road decommissioning under - subparagraph (A), the Secretary shall consult with-- - (i) appropriate State, Tribal, and local - governmental entities; and - (ii) members of the public. - (C) Definition.--As used in subparagraph (A), the - term ``decommission'' means-- - (i) to reestablish vegetation on a road; - and - (ii) to restore any natural drainage, - watershed function, or other ecological - processes that are disrupted or adversely - impacted by the road by removing or - hydrologically disconnecting the road prism. - (6) Vegetation management.-- - (A) In general.--Subject to subparagraphs (B), (C), - and (D), the Secretary may conduct vegetation - management projects in the restoration area only where - necessary to-- - (i) maintain or restore the characteristics - of ecosystem composition and structure; - (ii) reduce wildfire risk to communities by - promoting forests that are fire resilient; - (iii) improve the habitat of threatened, - endangered, or sensitive species; - (iv) protect or improve water quality; or - (v) enhance the restoration of lands within - the restoration area. - (B) Additional requirements.-- - (i) Shaded fuel breaks.--In carrying out - subparagraph (A), the Secretary shall - prioritize, as practicable, the establishment - of a network of shaded fuel breaks within-- - (I) the portions of the wildland- - urban interface that are within 150 - feet from private property contiguous - to Federal land; - (II) 150 feet from any road that is - open to motorized vehicles as of the - date of enactment of this Act-- - (aa) except that, where - topography or other conditions - require, the Secretary may - establish shaded fuel breaks up - to 275 feet from a road so long - as the combined total width of - the shaded fuel breaks for both - sides of the road does not - exceed 300 feet; and - (bb) provided that the - Secretary shall include - vegetation treatments within a - minimum of 25 feet of the road - where practicable, feasible, - and appropriate as part of any - shaded fuel break; or - (III) 150 feet of any plantation. - (ii) Plantations; riparian reserves.--The - Secretary may undertake vegetation management - projects-- - (I) in areas within the restoration - area in which fish and wildlife habitat - is significantly compromised as a - result of past management practices - (including plantations); and - (II) within designated riparian - reserves only where necessary to - maintain the integrity of fuel breaks - and to enhance fire resilience. - (C) Compliance.--The Secretary shall carry out - vegetation management projects within the restoration - area-- - (i) in accordance with-- - (I) this section; and - (II) existing law (including - regulations); - (ii) after providing an opportunity for - public comment; and - (iii) subject to appropriations. - (D) Best available science.--The Secretary shall - use the best available science in planning and - implementing vegetation management projects within the - restoration area. - (7) Grazing.-- - (A) Existing grazing.--The grazing of livestock in - the restoration area, where established before the date - of enactment of this Act, shall be permitted to - continue-- - (i) subject to-- - (I) such reasonable regulations, - policies, and practices as the - Secretary considers necessary; and - (II) applicable law (including - regulations); and - (ii) in a manner consistent with the - purposes described in subsection (c). - (B) Targeted new grazing.--The Secretary may issue - annual targeted grazing permits for the grazing of - livestock in the restoration area, where not - established before the date of the enactment of this - Act, to control noxious weeds, aid in the control of - wildfire within the wildland-urban interface, or to - provide other ecological benefits subject to-- - (i) such reasonable regulations, policies, - and practices as the Secretary considers - necessary; and - (ii) a manner consistent with the purposes - described in subsection (c). - (C) Best available science.--The Secretary shall - use the best available science when determining whether - to issue targeted grazing permits within the - restoration area. - (e) Withdrawal.--Subject to valid existing rights, the restoration -area is withdrawn from-- - (1) all forms of entry, appropriation, and disposal under - the public land laws; - (2) location, entry, and patent under the mining laws; and - (3) disposition under all laws relating to mineral and - geothermal leasing or mineral materials. - (f) Use of Stewardship Contracts.--To the maximum extent -practicable, the Secretary shall-- - (1) use stewardship contracts to implement this section; + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Homeland Security and the Committee on + Armed Services in the House of Representatives; and + (B) the Committee on Homeland Security and Governmental + Affairs and the Committee on Armed Services in the Senate. + (2) Critical infrastructure.--The term ``critical + infrastructure'' has the meaning given that term in section 1016(e) + of Public Law 107-56 (42 U.S.C. 5195c(e)). + (3) Department.--The term ``Department'' means the Department + of Homeland Security. + (4) Director.--The term ``Director'' means the Director of the + Cybersecurity and Infrastructure Security Agency of the Department. + (5) Information sharing and analysis organization.--The term + ``information sharing and analysis organization'' has the meaning + given that term in section 2222(5) of the Homeland Security Act of + 2002 (6 U.S.C. 671(5)). + (6) Secretary.--The term ``Secretary'' means the Secretary of + Homeland Security. + (7) Sector risk management agency.--The term ``sector risk + management agency'' has the meaning given the term ``Sector- + Specific Agency'' in section 2201(5) of the Homeland Security Act + of 2002 (6 U.S.C. 651(5)). + (b) Critical Infrastructure Sector Designation.-- + (1) Initial review.--Not later than 180 days after the date of + the enactment of this section, the Secretary, in consultation with + the heads of Sector Risk Management Agencies, shall-- + (A) review the current framework for securing critical + infrastructure, as described in section 2202(c)(4) of the + Homeland Security Act (6 U.S.C. 652(c)(4)) and Presidential + Policy Directive 21; and + (B) submit to the President and appropriate congressional + committees a report that includes-- + (i) information relating to-- + + (I) the analysis framework or methodology used to-- + + (aa) evaluate the current framework for + securing critical infrastructure referred to in + subparagraph (A); and + (bb) develop recommendations to-- + (AA) revise the current list of critical + infrastructure sectors designated pursuant to + Presidential Policy Directive 21, any successor + or related document, or policy; or + (BB) identify and designate any subsectors + of such sectors; + + (II) the data, metrics, and other information used + to develop the recommendations required under clause + (ii); and + + (ii) recommendations relating to-- + + (I) revising-- + + (aa) the current framework for securing + critical infrastructure referred to in subparagraph + (A); + (bb) the current list of critical + infrastructure sectors designated pursuant to + Presidential Policy Directive 21, any successor or + related document, or policy; or + (cc) the identification and designation of any + subsectors of such sectors; and + + (II) any revisions to the list of designated + Federal departments or agencies that serve as the + Sector Risk Management Agency for a sector or subsector + of such section, necessary to comply with paragraph + (3)(B). + + (2) Periodic evaluation by the secretary.--At least once every + five years, the Secretary, in consultation with the Director and + the heads of Sector Risk Management Agencies, shall-- + (A) evaluate the current list of designated critical + infrastructure sectors and subsectors of such sectors and the + appropriateness of Sector Risk Management Agency designations, + as set forth in Presidential Policy Directive 21, any successor + or related document, or policy; and + (B) recommend, as appropriate, to the President-- + (i) revisions to the current list of designated + critical infrastructure sectors or subsectors of such + sectors; and + (ii) revisions to the designation of any Federal + department or agency designated as the Sector Risk + Management Agency for a sector or subsector of such sector. + (3) Review and revision by the president.--Not later than 180 + days after the Secretary submits a recommendation pursuant to + paragraph (1) or (2), the President shall-- + (A) review the recommendation and revise, as appropriate, + the designation of a critical infrastructure sector or + subsector or the designation of a Sector Risk Management + Agency; and + (B) submit to the appropriate congressional committees, the + Majority and Minority Leaders of the Senate, and the Speaker + and Minority Leader of the House of Representatives, a report + that includes-- + (i) an explanation with respect to the basis for + accepting or rejecting the recommendations of the + Secretary; and + (ii) information relating to the analysis framework, + methodology, metrics, and data used to-- + + (I) evaluate the current framework for securing + critical infrastructure referred to in paragraph + (1)(A); and + (II) develop-- + + (aa) recommendations to revise-- + (AA) the list of critical infrastructure + sectors designated pursuant to Presidential + Policy Directive 21, any successor or related + document, or policy; or + (BB) the designation of any subsectors of + such sectors; and + (bb) the recommendations of the Secretary. + (4) Publication.--Any designation of critical infrastructure + sectors shall be published in the Federal Register. + (c) Sector Risk Management Agencies.-- + (1) In general.--Subtitle A of title XXII of the Homeland + Security Act of 2002 is amended by adding at the end the following + new section: +``SEC. 2215. SECTOR RISK MANAGEMENT AGENCIES. + ``(a) In General.--Consistent with applicable law, Presidential +directives, Federal regulations, and strategic guidance from the +Secretary, each Sector Risk Management Agency, in coordination with the +Director, shall-- + ``(1) provide specialized sector-specific expertise to critical + infrastructure owners and operators within its designated critical + infrastructure sector or subsector of such sector; and + ``(2) support programs and associated activities of such sector + or subsector of such sector. + ``(b) Implementation.--In carrying out this section, Sector Risk +Management Agencies shall-- + ``(1) coordinate with the Department and, as appropriate, other + relevant Federal departments and agencies; + ``(2) collaborate with critical infrastructure owners and + operators within the designated critical infrastructure sector or + subsector of such sector; and + ``(3) coordinate with independent regulatory agencies, and + State, local, Tribal, and territorial entities, as appropriate. + ``(c) Responsibilities.--Consistent with applicable law, +Presidential directives, Federal regulations, and strategic guidance +from the Secretary, each Sector Risk Management Agency shall utilize +its specialized expertise regarding its designated critical +infrastructure sector or subsector of such sector and authorities under +applicable law to-- + ``(1) support sector risk management, in coordination with the + Director, including-- + ``(A) establishing and carrying out programs to assist + critical infrastructure owners and operators within the + designated sector or subsector of such sector in identifying, + understanding, and mitigating threats, vulnerabilities, and + risks to their systems or assets, or within a region, sector, + or subsector of such sector; and + ``(B) recommending security measures to mitigate the + consequences of destruction, compromise, and disruption of + systems and assets; + ``(2) assess sector risk, in coordination with the Director, + including-- + ``(A) identifying, assessing, and prioritizing risks within + the designated sector or subsector of such sector, considering + physical security and cybersecurity threats, vulnerabilities, + and consequences; and + ``(B) supporting national risk assessment efforts led by + the Department; + ``(3) sector coordination, including-- + ``(A) serving as a day-to-day Federal interface for the + prioritization and coordination of sector-specific activities + and responsibilities under this title; + ``(B) serving as the Federal Government coordinating + council chair for the designated sector or subsector of such + sector; and + ``(C) participating in cross-sector coordinating councils, + as appropriate; + ``(4) facilitating, in coordination with the Director, the + sharing with the Department and other appropriate Federal + department of information regarding physical security and + cybersecurity threats within the designated sector or subsector of + such sector, including-- + ``(A) facilitating, in coordination with the Director, + access to, and exchange of, information and intelligence + necessary to strengthen the security of critical + infrastructure, including through information sharing and + analysis organizations and the national cybersecurity and + communications integration center established pursuant to + section 2209; + ``(B) facilitating the identification of intelligence needs + and priorities of critical infrastructure owners and operators + in the designated sector or subsector of such sector, in + coordination with the Director of National Intelligence and the + heads of other Federal departments and agencies, as + appropriate; + ``(C) providing the Director, and facilitating awareness + within the designated sector or subsector of such sector, of + ongoing, and where possible, real-time awareness of identified + threats, vulnerabilities, mitigations, and other actions + related to the security of such sector or subsector of such + sector; and + ``(D) supporting the reporting requirements of the + Department under applicable law by providing, on an annual + basis, sector-specific critical infrastructure information; + ``(5) supporting incident management, including-- + ``(A) supporting, in coordination with the Director, + incident management and restoration efforts during or following + a security incident; and + ``(B) supporting the Director, upon request, in national + cybersecurity asset response activities for critical + infrastructure; and + ``(6) contributing to emergency preparedness efforts, + including-- + ``(A) coordinating with critical infrastructure owners and + operators within the designated sector or subsector of such + sector and the Director in the development of planning + documents for coordinated action in the event of a natural + disaster, act of terrorism, or other man-made disaster or + emergency; + ``(B) participating in and, in coordination with the + Director, conducting or facilitating, exercises and simulations + of potential natural disasters, acts of terrorism, or other + man-made disasters or emergencies within the designated sector + or subsector of such sector; and + ``(C) supporting the Department and other Federal + departments or agencies in developing planning documents or + conducting exercises or simulations when relevant to the + designated sector or subsector or such sector.''. + (2) Technical and conforming amendments.--The Homeland Security + Act of 2002 is amended-- + (A) in section 320-- + (i) in subsection (d)(3)(C), by striking ``Sector- + Specific Agency'' and inserting ``Sector Risk Management + Agency''; and + (ii) in subsection (e)(1), by striking ``Sector- + Specific Agency'' and inserting ``Sector Risk Management + Agency''; + (B) in section 524-- + (i) in subsection (b)(2)(E)(i)(II), by striking + ``sector-specific agency'' and inserting ``Sector Risk + Management Agency''; and + (ii) in subsection (c)(1)(B), by striking ``sector- + specific agency'' and inserting ``Sector Risk Management + Agency''; + (C) in section 2201(5)-- + (i) in the paragraph heading, by striking ``Sector- + specific agency'' and inserting ``Sector risk management + agency''; and + (ii) by striking ``Sector-Specific Agency'' and + inserting ``Sector Risk Management Agency''; + (D) in section 2202(i), by striking ``Sector-Specific + Agency'' and inserting ``Sector Risk Management Agency''; and + (E) in section 2214(c)(4), by striking ``sector-specific + agency'' and inserting ``Sector Risk Management Agency''. + (3) References.--Any reference to a Sector Specific Agency + (including any permutations or conjugations thereof) in any law, + regulation, map, document, record, or other paper of the United + States shall be deemed to-- + (A) be a reference to the Sector Risk Management Agency of + the relevant critical infrastructure sector; and + (B) have the meaning give such term in section 2201(5) of + the Homeland Security Act of 2002. + (4) Clerical amendment.--The table of contents in section 1(b) + of the Homeland Security Act of 2002 is amended by inserting after + the item relating to section 2214 the following new item: + +``Sec. 2215. Sector Risk Management Agencies.''. + + (d) Report and Auditing.--Not later than two years after the date +of the enactment of this Act and every four years thereafter for 12 +years, the Comptroller General of the United States shall submit to the +Committee on Homeland Security of the House of Representatives and the +Committee on Homeland Security and Governmental Affairs of the Senate a +report on the effectiveness of Sector Risk Management Agencies in +carrying out their responsibilities under section 2215 of the Homeland +Security Act of 2002, as added by this section. +SEC. 9003. REVIEW AND ANALYSIS OF INLAND WATERS SEAPORT SECURITY. + (a) Seaport Cargo Review.-- + (1) Elements.--The Secretary of Homeland Security shall conduct + a review of all Great Lakes and selected inland waters seaports + that receive international cargo-- + (A) to determine, for each such seaport-- + (i) the current screening capability, including the + types and numbers of screening equipment and whether such + equipment is physically located at a seaport or assigned + and available in the area and made available to use; + (ii) the number of U.S. Customs and Border Protection + personnel assigned from a Field Operations office, broken + out by role; + (iii) the expenditures for procurement and overtime + incurred by U.S. Customs and Border Protection during the + most recent fiscal year; + (iv) the types of cargo received, such as + containerized, break-bulk, and bulk; + (v) the legal entity that owns the seaport; + (vi) a description of the use of space at the seaport + by U.S. Customs and Border Protection, including-- + + (I) whether U.S. Customs and Border Protection or + the General Services Administration owns or leases any + facilities at the seaport; and + (II) if U.S. Customs and Border Protection is + provided space at the seaport, a description of such + space, including the number of workstations; and + + (vii) the current cost-sharing arrangement for + screening technology or reimbursable services; + (B) to identify, for each Field Operations office-- + (i) any ports of entry that are staffed remotely from + service ports; + (ii) the distance of each such service port from the + corresponding ports of entry; and + (iii) the number of officers and the types of equipment + U.S. Customs and Border Protection uses to screen cargo + entering or exiting through such ports; and + (C) that includes a threat assessment of incoming + containerized and noncontainerized cargo at Great Lakes + seaports and selected inland waters seaports. + (2) Seaport selection.--In selecting seaports on inland waters + to include in the review under paragraph (1), the Secretary of + Homeland Security shall ensure that the inland waters seaports + are-- + (A) equal in number to the Great Lakes seaports included in + the review; + (B) comparable to Great Lakes seaports included in the + review, as measured by number of imported shipments arriving at + the seaport each year; and + (C) covered by at least the same number of Field Operations + offices as the Great Lakes seaports included in the review, but + are not covered by the same Field Operations offices as such + Great Lakes seaports. + (3) Report required.-- + (A) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Homeland Security + shall submit to the appropriate congressional committees a + report containing-- + (i) the results of the review conducted pursuant to + paragraph (1); and + (ii) an explanation of the methodology used for such + review regarding the screening practices for foreign cargo + arriving at seaports on the Great Lakes and inland waters. + (B) Form.--The report required under subparagraph (A) shall + be submitted in unclassified form, to the maximum extent + possible, but may include a classified annex, if necessary. + (b) Inland Waters Threat Analysis.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Homeland Security shall + submit to the appropriate congressional committees an inland waters + threat analysis containing an identification and description of-- + (A) current and potential terrorism and criminal threats + posed by individuals and groups seeking-- + (i) to enter the United States through inland waters; + or + (ii) to exploit security vulnerabilities on inland + waters; + (B) security challenges at inland waters ports of the + United States regarding-- + (i) terrorism and instruments of terror entering the + United States; or + (ii) criminal activity, as measured by the total flow + of illegal goods and illicit drugs, related to the inland + waters; + (C) security mitigation efforts with respect to the inland + waters-- + (i) to prevent terrorists and instruments of terror + from entering the United States; or + (ii) to reduce criminal activity related to the inland + waters; + (D) vulnerabilities related to cooperation between State, + local, tribal, and territorial law enforcement, or + international agreements, that hinder effective security, + counterterrorism, anti-trafficking efforts, and the flow of + legitimate trade with respect to inland waters; and + (E) metrics and performance measures used by the Secretary + of Homeland Security to evaluate inland waters security, as + appropriate. + (2) Analysis requirements.--In preparing the threat analysis + required under paragraph (1), the Secretary of Homeland Security + shall consider and examine-- + (A) technology needs and challenges; + (B) personnel needs and challenges; + (C) the roles of State, local, tribal, and territorial law + enforcement, private sector partners, and the public, relating + to inland waters security; + (D) the need for cooperation among Federal, State, local, + tribal, territorial, and international partner law enforcement, + private sector partners, and the public, relating to inland + waters security; and + (E) the challenges posed by geography with respect to + inland waters security. + (3) Form.--The Secretary of Homeland Security shall submit the + threat analysis required under paragraph (1) in unclassified form, + to the maximum extent possible, but may include a classified annex, + if necessary. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Homeland Security and the Committee on + Transportation and Infrastructure of the House of Representatives; + and + (2) the Committee on Homeland Security and Governmental Affairs + and the Committee on Commerce, Science, and Transportation of the + Senate. +SEC. 9004. DEPARTMENT OF HOMELAND SECURITY REPORTS ON DIGITAL CONTENT +FORGERY TECHNOLOGY. + (a) Reports Required.--Not later than one year after the date of +enactment of this Act, and annually thereafter for 5 years, the +Secretary of Homeland Security, acting through the Under Secretary for +Science and Technology of the Department of Homeland Security, and with +respect to paragraphs (6) and (7) of subsection (b), in consultation +with the Director of National Intelligence, shall submit to Congress a +report on the state of digital content forgery technology. + (b) Contents.--Each report produced under subsection (a) shall +include the following: + (1) An assessment of the underlying technologies used to create + or propagate digital content forgeries, including the evolution of + such technologies and patterns of dissemination of such + technologies. + (2) A description of the types of digital content forgeries, + including those used to commit fraud, cause harm, harass, coerce, + or silence vulnerable groups or individuals, or violate civil + rights recognized under Federal law. + (3) An assessment of how foreign governments, and the proxies + and networks thereof, use, or could use, digital content forgeries + to harm national security. + (4) An assessment of how non-governmental entities in the + United States use, or could use, digital content forgeries. + (5) An assessment of the uses, applications, dangers, and + benefits, including the impact on individuals, of deep learning or + digital content forgery technologies used to generate realistic + depictions of events that did not occur. + (6) An analysis of the methods used to determine whether + content is created by digital content forgery technology, and an + assessment of any effective heuristics used to make such a + determination, as well as recommendations on how to identify and + address suspect content and elements to provide warnings to users + of such content. + (7) A description of the technological countermeasures that + are, or could be, used to address concerns with digital content + forgery technology. + (8) Any additional information the Secretary determines + appropriate. + (c) Consultation and Public Hearings.--In producing each report +required under subsection (a), the Secretary may-- + (1) consult with any other agency of the Federal Government + that the Secretary considers necessary; and + (2) conduct public hearings to gather, or otherwise allow + interested parties an opportunity to present, information and + advice relevant to the production of the report. + (d) Form of Report.--Each report required under subsection (a) +shall be produced in unclassified form, but may contain a classified +annex. + (e) Applicability of Other Laws.-- + (1) FOIA.--Nothing in this section, or in a report produced + under this section, may be construed to allow the disclosure of + information or a record that is exempt from public disclosure under + section 552 of title 5, United States Code (commonly known as the + ``Freedom of Information Act''). + (2) Paperwork reduction act.--Subchapter I of chapter 35 of + title 44, United States Code (commonly known as the ``Paperwork + Reduction Act''), shall not apply to this section. + (f) Digital Content Forgery Defined.--In this section, the term +``digital content forgery technology'' means the use of emerging +technologies, including artificial intelligence and machine learning +techniques, to fabricate or manipulate audio, visual, or text content +with the intent to mislead. +SEC. 9005. GAO STUDY OF CYBERSECURITY INSURANCE. + (a) Study.--The Comptroller General of the United States shall +conduct a study to assess and analyze the state and availability of +insurance coverage in the United States for cybersecurity risks, +including by-- + (1) identifying the number and dollar volume of cyber insurance + policies currently in force and the percentage of businesses, and + specifically small businesses, that have cyber insurance coverage; + (2) assessing the extent to which States have established + minimum standards for the scope of cyber insurance policies; and + (3) identifying any barriers to modeling and underwriting + cybersecurity risks. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Comptroller General shall submit to Congress +a report setting forth the findings and conclusions of the study +conducted under subsection (a), including-- + (1) recommendations on whether intervention by the Federal + Government would help facilitate the growth and development of + insurers offering coverage for cybersecurity risks; and + (2) a discussion of the availability and affordability of such + coverage and policyholder education regarding such coverage. +SEC. 9006. STRATEGY TO SECURE EMAIL. + (a) In General.--Not later than December 31, 2021, the Secretary of +Homeland Security shall develop and submit to Congress a strategy, +including recommendations, to implement across all United States-based +email providers Domain-based Message Authentication, Reporting, and +Conformance standard at scale. + (b) Elements.--The strategy required under subsection (a) shall +include the following: + (1) A recommendation for the minimum-size threshold for United + States-based email providers for applicability of Domain-based + Message Authentication, Reporting, and Conformance. + (2) A description of the security and privacy benefits of + implementing the Domain-based Message Authentication, Reporting, + and Conformance standard at scale, including recommendations for + national security exemptions, as appropriate, as well as the + burdens of such implementation and an identification of the + entities on which such burdens would most likely fall. + (3) An identification of key United States and international + stakeholders associated with such implementation. + (4) An identification of any barriers to such implementation, + including a cost-benefit analysis where feasible. + (5) An initial estimate of the total cost to the Federal + Government and implementing entities in the private sector of such + implementation, including recommendations for defraying such costs, + if applicable. + (c) Consultation.--In developing the strategy and recommendations +under subsection (a), the Secretary of Homeland Security may, as +appropriate, consult with representatives from the information +technology sector. + (d) Definition.--In this section, the term ``Domain-based Message +Authentication, Reporting, and Conformance'' means an email +authentication, policy, and reporting protocol that verifies the +authenticity of the sender of an email and blocks and reports to the +sender fraudulent accounts. +SEC. 9007. DEPARTMENT OF HOMELAND SECURITY LARGE-SCALE NON-INTRUSIVE +INSPECTION SCANNING PLAN. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Homeland Security shall 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 plan for increasing to 100 percent the rate of high- +throughput scanning of commercial and passenger vehicles and freight +rail traffic entering the United States at land ports of entry and +rail-border crossings along the border using large-scale non-intrusive +inspection systems or similar technology to enhance border security. + (b) Baseline Information.--The plan under subsection (a) shall +include, at a minimum, the following information regarding large-scale +non-intrusive inspection systems or similar technology operated by U.S. +Customs and Border Protection at land ports of entry and rail-border +crossings as of the date of the enactment of this Act: + (1) An inventory of large-scale non-intrusive inspection + systems or similar technology in use at each land port of entry. + (2) For each system or technology identified in the inventory + under paragraph (1)-- + (A) the scanning method of such system or technology; + (B) the location of such system or technology at each land + port of entry that specifies whether in use in pre-primary, + primary, or secondary inspection area, or some combination of + such areas; + (C) the percentage of commercial and passenger vehicles and + freight rail traffic scanned by such system or technology; + (D) seizure data directly attributed to scanned commercial + and passenger vehicles and freight rail traffic; and + (E) the number of personnel required to operate each system + or technology. + (3) Information regarding the continued use of other technology + and tactics used for scanning, such as canines and human + intelligence in conjunction with large scale, nonintrusive + inspection systems. + (c) Elements.--The plan under subsection (a) shall include the +following elements: + (1) Benchmarks for achieving incremental progress towards 100 + percent high-throughput scanning within the next 6 years of + commercial and passenger vehicles and freight rail traffic entering + the United States at land ports of entry and rail-border crossings + along the border with corresponding projected incremental + improvements in scanning rates by fiscal year and rationales for + the specified timeframes for each land port of entry. + (2) Estimated costs, together with an acquisition plan, for + achieving the 100 percent high-throughput scanning rate within the + timeframes specified in paragraph (1), including acquisition, + operations, and maintenance costs for large-scale, nonintrusive + inspection systems or similar technology, and associated costs for + any necessary infrastructure enhancements or configuration changes + at each port of entry. Such acquisition plan shall promote, to the + extent practicable, opportunities for entities that qualify as + small business concerns (as defined under section 3(a) of the Small + Business Act (15 U.S.C. 632(a)). + (3) Any projected impacts, as identified by the Commissioner of + U.S. Customs and Border Protection, on the total number of + commercial and passenger vehicles and freight rail traffic entering + at land ports of entry and rail-border crossings where such systems + are in use, and average wait times at peak and non-peak travel + times, by lane type if applicable, as scanning rates are increased. + (4) Any projected impacts, as identified by the Commissioner of + U.S. Customs and Border Protection, on land ports of entry and + rail-border crossings border security operations as a result of + implementation actions, including any changes to the number of U.S. + Customs and Border Protection officers or their duties and + assignments. + (d) Annual Report.--Not later than one year after the submission of +the plan under subsection (a), and biennially thereafter for the +following six years, the Secretary of Homeland Security shall 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 that describes the progress implementing the +plan and includes-- + (1) an inventory of large-scale, nonintrusive inspection + systems or similar technology operated by U.S. Customs and Border + Protection at each land port of entry; + (2) for each system or technology identified in the inventory + required under paragraph (1)-- + (A) the scanning method of such system or technology; + (B) the location of such system or technology at each land + port of entry that specifies whether in use in pre-primary, + primary, or secondary inspection area, or some combination of + such areas; + (C) the percentage of commercial and passenger vehicles and + freight rail traffic scanned by such system or technology; and + (D) seizure data directly attributed to scanned commercial + and passenger vehicles and freight rail traffic; + (3) the total number of commercial and passenger vehicles and + freight rail traffic entering at each land port of entry at which + each system or technology is in use, and information on average + wait times at peak and non-peak travel times, by lane type if + applicable; + (4) a description of the progress towards reaching the + benchmarks referred to in subsection (c)(1), and an explanation if + any of such benchmarks are not achieved as planned; + (5) a comparison of actual costs (including information on any + awards of associated contracts) to estimated costs set forth in + subsection (c)(2); + (6) any realized impacts, as identified by the Commissioner of + U.S. Customs and Border Protection, on land ports of entry and + rail-border crossings operations as a result of implementation + actions, including any changes to the number of U.S. Customs and + Border Protection officers or their duties and assignments; + (7) any proposed changes to the plan and an explanation for + such changes, including changes made in response to any Department + of Homeland Security research and development findings or changes + in terrorist or transnational criminal organizations tactics, + techniques, or procedures; and + (8) any challenges to implementing the plan or meeting the + benchmarks, and plans to mitigate any such challenges. + (e) Definitions.--In this section: + (1) The term ``large-scale, non-intrusive inspection system'' + means a technology, including x-ray, gamma-ray, and passive imaging + systems, capable of producing an image of the contents of a + commercial or passenger vehicle or freight rail car in 1 pass of + such vehicle or car. + (2) The term ``scanning'' means utilizing nonintrusive imaging + equipment, radiation detection equipment, or both, to capture data, + including images of a commercial or passenger vehicle or freight + rail car. + + TITLE XCI--VETERANS AFFAIRS MATTERS + +Sec. 9101. Modification of licensure requirements for Department of + Veterans Affairs health care professionals providing treatment + via telemedicine. +Sec. 9102. Additional care for newborn children of veterans. +Sec. 9103. Expansion of eligibility for HUD-VASH. +Sec. 9104. Study on unemployment rate of women veterans who served on + active duty in the Armed Forces after September 11, 2001. +Sec. 9105. Access of veterans to Individual Longitudinal Exposure + Record. +Sec. 9106. Department of Veterans Affairs report on undisbursed funds. +Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of + Veterans Affairs for maintenance by National Cemetery + Administration. +Sec. 9108. Comptroller General report on Department of Veterans Affairs + handling of disability compensation claims by certain + veterans. +Sec. 9109. Additional diseases associated with exposure to certain + herbicide agents for which there is a presumption of service + connection for veterans who served in the Republic of Vietnam. +SEC. 9101. MODIFICATION OF LICENSURE REQUIREMENTS FOR DEPARTMENT OF +VETERANS AFFAIRS HEALTH CARE PROFESSIONALS PROVIDING TREATMENT VIA +TELEMEDICINE. + Section 1730C(b) of title 38, United States Code, is amended to +read as follows: + ``(b) Covered Health Care Professionals.--For purposes of this +section, a covered health care professional is any of the following +individuals: + ``(1) A health care professional who-- + ``(A) is an employee of the Department appointed under + section 7306, 7401, 7405, 7406, or 7408 of this title or under + title 5; + ``(B) is authorized by the Secretary to provide health care + under this chapter; + ``(C) is required to adhere to all standards for quality + relating to the provision of health care in accordance with + applicable policies of the Department; and + ``(D)(i) has an active, current, full, and unrestricted + license, registration, or certification in a State to practice + the health care profession of the health care professional; or + ``(ii) with respect to a health care profession listed + under section 7402(b) of this title, has the qualifications for + such profession as set forth by the Secretary. + ``(2) A postgraduate health care employee who-- + ``(A) is appointed under section 7401(1), 7401(3), or 7405 + of this title or title 5 for any category of personnel + described in paragraph (1) or (3) of section 7401 of this + title; + ``(B) must obtain an active, current, full, and + unrestricted license, registration, or certification or meet + qualification standards set forth by the Secretary within a + specified time frame; and + ``(C) is under the clinical supervision of a health care + professional described in paragraph (1); or + ``(3) A health professions trainee who-- + ``(A) is appointed under section 7405 or 7406 of this + title; and + ``(B) is under the clinical supervision of a health care + professional described in paragraph (1).''. +SEC. 9102. ADDITIONAL CARE FOR NEWBORN CHILDREN OF VETERANS. + Section 1786 of title 38, United States Code, is amended-- + (1) in subsection (a), by striking ``The Secretary'' and + inserting ``Except as provided in subsection (c), the Secretary''; + and + (2) by adding at the end the following new subsection: + ``(c) Exception Based on Medical Necessity.--Pursuant to such +regulations as the Secretary shall prescribe to carry out this section, +the Secretary may furnish more than seven days of health care services +described in subsection (b), and may furnish transportation necessary +to receive such services, to a newborn child based on medical necessity +if the child is in need of additional care, including if the child has +been discharged or released from a hospital and requires readmittance +to ensure the health and welfare of the child.''. +SEC. 9103. EXPANSION OF ELIGIBILITY FOR HUD-VASH. + (a) HUD Provisions.--Section 8(o)(19) of the United States Housing +Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end +the following new subparagraph: + ``(D) Veteran defined.--In this paragraph, the term + `veteran' has the meaning given that term in section 2002(b) of + title 38, United States Code.''. + (b) VHA Case Managers.--Subsection (b) of section 2003 of title 38, +United States Code, is amended by adding at the end the following: ``In +the case of vouchers provided under the HUD-VASH program under section +8(o)(19) of such Act, for purposes of the preceding sentence, the term +`veteran' shall have the meaning given such term in section 2002(b) of +this title.''. + (c) Annual Reports.-- + (1) In general.--Not less frequently than once each year, the + Secretary of Veterans Affairs shall submit to the Committee on + Veterans' Affairs of the Senate and the Committee on Veterans' + Affairs of the House of Representatives a report on the + homelessness services provided under programs of the Department of + Veterans Affairs, including services under HUD-VASH program under + section 8(o)(19) of the United States Housing Act of 1937 (42 + U.S.C. 1437f(o)(19)). + (2) Included information.--Each such annual report shall + include, with respect to the year preceding the submittal of the + report, a statement of the number of eligible individuals who were + furnished such homelessness services and the number of individuals + furnished such services under each such program, disaggregated by + the number of men who received such services and the number of + women who received such services, and such other information as the + Secretary considers appropriate. +SEC. 9104. STUDY ON UNEMPLOYMENT RATE OF WOMEN VETERANS WHO SERVED ON +ACTIVE DUTY IN THE ARMED FORCES AFTER SEPTEMBER 11, 2001. + (a) Study.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Veterans Affairs, in + consultation with the Bureau of Labor Statistics of the Department + of Labor, shall conduct a study on why post-9/11 veterans who are + women are at higher risk of unemployment than all other groups of + women veterans and their non-veteran counterparts. + (2) Conduct of study.-- + (A) In general.--The Secretary shall conduct the study + under paragraph (1) through the Center for Women Veterans under + section 318 of title 38, United States Code. + (B) Consultation.--In carrying out the study conducted + under paragraph (1), the Secretary may consult with-- + (i) the Department of Labor; + (ii) other Federal agencies, including the Department + of Defense, the Office of Personnel Management, and the + Small Business Administration; + (iii) foundations; and + (iv) other entities in the private sector. + (3) Elements of study.--The study conducted under paragraph (1) + shall include, with respect to post-9/11 veterans who are women, an + analysis of each of the following: + (A) Rank at the time of separation from the Armed Forces. + (B) Geographic location of residence upon such separation. + (C) Highest level of education achieved as of the time of + such separation. + (D) The percentage of such veterans who enrolled in a + program of education or an employment training program of the + Department of Veterans Affairs or the Department of Labor after + such separation. + (E) Industries that have employed such veterans. + (F) Military occupational specialties of such veterans + while serving as members of the Armed Forces. + (G) Barriers to employment of such veterans. + (H) Causes of the fluctuations in employment of such + veterans. + (I) Employment training programs of the Department of + Veterans Affairs or the Department of Labor that are available + to such veterans as of the date of the enactment of this Act. + (J) Economic indicators that affect the unemployment of + such veterans. + (K) Health conditions of such veterans that could affect + employment. + (L) Whether there are differences in the analyses conducted + under subparagraphs (A) through (K) depending on the race of + such veterans. + (M) The difference between unemployment rates of post-9/11 + veterans who are women compared to unemployment rates of post- + 9/11 veterans who are men, including an analysis of potential + causes of such difference. + (N) Such other matters as the Secretary determines + appropriate. + (b) Report.-- + (1) In general.--Not later than 90 days after completing the + study under subsection (a), the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report on such + study. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) The analysis conducted under subsection (a)(3). + (B) A description of the methods used to conduct the study + under subsection (a). + (C) Such other matters relating to the unemployment rates + of post-9/11 veterans who are women as the Secretary considers + appropriate. + (c) Post-9/11 Veteran Defined.--In this section, the term ``post-9/ +11 veteran'' means a veteran who served on active duty in the Armed +Forces on or after September 11, 2001. +SEC. 9105. ACCESS OF VETERANS TO INDIVIDUAL LONGITUDINAL EXPOSURE +RECORD. + The Secretary of Veterans Affairs shall provide to a veteran read- +only access to the documents of the veteran contained in the Individual +Longitudinal Exposure Record in a printable format through a portal +accessible through an internet website of the Department of Veterans +Affairs. +SEC. 9106. DEPARTMENT OF VETERANS AFFAIRS REPORT ON UNDISBURSED FUNDS. + (a) Report Required.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall submit +to the Committees on Veterans' Affairs of the Senate and House of +Representatives a report on the undisbursed funds of the Department of +Veterans Affairs. + (b) Elements.--The report required under subsection (a) shall +include each of the following: + (1) The total quantities and value, for each of the preceding + ten fiscal years, of-- + (A) the undisbursed funds in the possession of the + Department; and + (B) the undisbursed funds of the Department that were + transferred to the Department of Treasury. + (2) The policies and procedures of the Department for managing + undisbursed funds and for communicating with veterans, other + beneficiaries, and heirs regarding undisbursed funds. + (3) The challenges regarding the policies and procedures + identified under paragraph (2), any legal barriers to improving + such policies and procedures, and the plans of the Secretary for + improvement. + (c) Review of Report.--The Comptroller General of the United States +shall conduct a review of the report submitted under subsection (a). + (d) Undisbursed Funds Defined.--The term ``undisbursed funds''-- + (1) means any amount of money that is owed to a beneficiary and + that has not been disbursed-- + (A) in the case of an amount that is owed by reason of an + insurance benefit under chapter 19 of title 38, United States + Code, for a period of one year or longer; or + (B) in the case of an amount that is owed by reason of any + other benefit under the laws administered by the Secretary of + Veterans Affairs, for a period of 30 days or longer; and + (2) does not include any amount of money that-- + (A) has not been disbursed due to a contested claim for + benefits under the laws administered by the Secretary; or + (B) is in dispute by two or more parties over who is the + entitled beneficiary. +SEC. 9107. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SECRETARY OF +VETERANS AFFAIRS FOR MAINTENANCE BY NATIONAL CEMETERY ADMINISTRATION. + (a) Agreement.--Beginning on the date that is 180 days after the +date on which the Secretary submits the report required by subsection +(c)(1), the Secretary of Veterans Affairs shall seek to enter into an +agreement with the city of Vallejo, California, under which the city of +Vallejo shall transfer to the Secretary all right, title, and interest +in the Mare Island Naval Cemetery in Vallejo, California, at no cost to +the Secretary. The Secretary shall seek to enter into such agreement +before the date that is one year after the date on which such report is +submitted. + (b) Maintenance by National Cemetery Administration.--If the Mare +Island Naval Cemetery is transferred to the Secretary of Veterans +Affairs pursuant to subsection (a), the National Cemetery +Administration shall maintain the cemetery in the same manner as other +cemeteries under the jurisdiction of the National Cemetery +Administration. + (c) Report.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary shall submit to the Committee + on Veterans' Affairs of the Senate and the Committee on Veterans' + Affairs of the House of Representatives a report on the feasibility + and advisability of exercising the authority to enter into an + agreement under subsection (a). + (2) Contents.--The report submitted under paragraph (1) shall + include the following: + (A) An assessment of the feasibility and advisability of + entering into such an agreement. + (B) An estimate of the costs, including both direct and + indirect costs, that the Department of Veterans Affairs would + incur by entering into such an agreement. + (d) Sense of Congress.--It is the sense of Congress that-- + (1) it is only potentially advisable and feasible to transfer + the Mare Island Naval Cemetery from the city of Vallejo, + California, to the Department of Veterans Affairs because the + cemetery was previously under the control of the Department of + Defense; and + (2) the City of Vallejo should provide in-kind non-monetary + contributions for the improvement and maintenance of Mare Island + Naval Cemetery, including labor and equipment, to the extent + practicable, to the Department of Veterans Affairs, following any + transfer of the cemetery to the Department. +SEC. 9108. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF VETERANS AFFAIRS +HANDLING OF DISABILITY COMPENSATION CLAIMS BY CERTAIN VETERANS. + Not later than one year after the date of the enactment of this +Act, the Comptroller General of the United States shall submit to +Congress a report containing an evaluation of how the Department of +Veterans Affairs has handled claims for disability compensation under +the laws administered by the Secretary of Veterans Affairs submitted by +veterans who-- + (1) have type 1 diabetes; and + (2) have been exposed to an herbicide agent (as defined in + section 1116(a)(3) of title 38, United States Code). +SEC. 9109. ADDITIONAL DISEASES ASSOCIATED WITH EXPOSURE TO CERTAIN +HERBICIDE AGENTS FOR WHICH THERE IS A PRESUMPTION OF SERVICE CONNECTION +FOR VETERANS WHO SERVED IN THE REPUBLIC OF VIETNAM. + Section 1116(a)(2) of title 38, United States Code, is amended by +adding at the end the following new subparagraphs: + ``(I) Parkinsonism. + ``(J) Bladder cancer. + ``(K) Hypothyroidism.''. + + TITLE XCII--COMMUNICATIONS MATTERS + +Sec. 9201. Reliable emergency alert distribution improvement. +Sec. 9202. Wireless supply chain innovation and multilateral security. +Sec. 9203. Spectrum information technology modernization efforts. +Sec. 9204. Internet of Things. +SEC. 9201. RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT. + (a) Wireless Emergency Alerts System Offerings.-- + (1) Amendment.--Section 602(b)(2)(E) of the Warning, Alert, and + Response Network Act (47 U.S.C. 1201(b)(2)(E)) is amended-- + (A) by striking the second and third sentences; and + (B) by striking ``other than an alert issued by the + President.'' and inserting the following: ``other than an alert + issued by-- + ``(i) the President; or + ``(ii) the Administrator of the Federal Emergency + Management Agency.''. + (2) Regulations.--Not later than 180 days after the date of + enactment of this Act, the Commission, in consultation with the + Administrator, shall adopt regulations to implement the amendment + made by paragraph (1)(B). + (b) State Emergency Alert System Plans and Emergency Communications +Committees.-- + (1) State emergency communications committee.--Not later than + 180 days after the date of enactment of this Act, the Commission + shall adopt regulations that-- + (A) encourage the chief executive of each State-- + (i) to establish an SECC if the State does not have an + SECC; or + (ii) if the State has an SECC, to review the + composition and governance of the SECC; + (B) provide that-- + (i) each SECC, not less frequently than annually, + shall-- + + (I) meet to review and update its State EAS Plan; + (II) certify to the Commission that the SECC has + met as required under subclause (I); and + (III) submit to the Commission an updated State EAS + Plan; and + + (ii) not later than 60 days after the date on which the + Commission receives an updated State EAS Plan under clause + (i)(III), the Commission shall-- + + (I) approve or disapprove the updated State EAS + Plan; and + (II) notify the chief executive of the State of the + Commission's approval or disapproval of such plan, and + reason therefor; and + + (C) establish a State EAS Plan content checklist for SECCs + to use when reviewing and updating a State EAS Plan for + submission to the Commission under subparagraph (B)(i). + (2) Consultation.--The Commission shall consult with the + Administrator regarding the adoption of regulations under paragraph + (1)(C). + (3) Definitions.--In this subsection-- + (A) the term ``SECC'' means a State Emergency + Communications Committee; + (B) the term ``State'' means any State of the United + States, the District of Columbia, the Commonwealth of Puerto + Rico, the United States Virgin Islands, Guam, American Samoa, + the Commonwealth of the Northern Mariana Islands, and any + possession of the United States; and + (C) the term ``State EAS Plan'' means a State Emergency + Alert System Plan. + (c) False Alert Reporting.--Not later than 180 days after the date +of enactment of this Act, the Commission, in consultation with the +Administrator, shall complete a rulemaking proceeding to establish a +system to receive from the Administrator or State, Tribal, or local +governments reports of false alerts under the Emergency Alert System or +the Wireless Emergency Alerts System for the purpose of recording such +false alerts and examining the causes of such false alerts. + (d) Repeating Emergency Alert System Messages for National +Security.-- + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Commission, in consultation with the + Administrator, shall complete a rulemaking proceeding to modify the + Emergency Alert System to provide for repeating Emergency Alert + System messages while an alert remains pending that is issued by-- + (A) the President; + (B) the Administrator; or + (C) any other entity determined appropriate under the + circumstances by the Commission, in consultation with the + Administrator. + (2) Scope of rulemaking.--Paragraph (1) shall-- + (A) apply to warnings of national security events, meaning + emergencies of national significance, such as a missile threat, + terror attack, or other act of war or threat to public safety; and - (2) use revenue derived from such stewardship contracts for - restoration and other activities within the restoration area - which shall include staff and administrative costs to support - timely consultation activities for restoration projects. - (g) Collaboration.--In developing and implementing restoration -projects in the restoration area, the Secretary shall consult with -collaborative groups with an interest in the restoration area. - (h) Environmental Review.--A collaboratively developed restoration -project within the restoration area may be carried out in accordance -with the provisions for hazardous fuel reduction projects set forth in -sections 214, 215, and 216 of the Healthy Forests Restoration Act of -2003 (16 U.S.C. 6514-6516), as applicable. - (i) Multiparty Monitoring.--The Secretary of Agriculture shall-- - (1) in collaboration with the Secretary of the Interior and - interested persons, use a multiparty monitoring, evaluation, - and accountability process to assess the positive or negative - ecological, social, and economic effects of restoration - projects within the restoration area; and - (2) incorporate the monitoring results into the management - of the restoration area. - (j) Funding.--The Secretary shall use all existing authorities to -secure as much funding as necessary to fulfill the purposes of the -restoration area. - (k) Forest Residues Utilization.-- - (1) In general.--In accordance with applicable law, - including regulations, and this section, the Secretary may - utilize forest residues from restoration projects, including - shaded fuel breaks, in the restoration area for research and - development of biobased products that result in net carbon - sequestration. - (2) Partnerships.--In carrying out paragraph (1), the - Secretary may enter into partnerships with universities, - nongovernmental organizations, industry, Tribes, and Federal, - State, and local governmental agencies. - -SEC. 20212. REDWOOD NATIONAL AND STATE PARKS RESTORATION. - - (a) Partnership Agreements.--The Secretary of the Interior is -authorized to undertake initiatives to restore degraded redwood forest -ecosystems in Redwood National and State Parks in partnership with the -State of California, local agencies, and nongovernmental organizations. - (b) Compliance.--In carrying out any initiative authorized by -subsection (a), the Secretary of the Interior shall comply with all -applicable law. - -SEC. 20213. CALIFORNIA PUBLIC LANDS REMEDIATION PARTNERSHIP. + (B) not apply to more typical warnings, such as a weather + alert, AMBER Alert, or disaster alert. + (3) Rule of construction.--Nothing in this subsection shall be + construed to impair, limit, or otherwise change-- + (A) the authority of the President granted by law to alert + and warn the public; or + (B) the role of the President as commander-in-chief with + respect to the identification, dissemination, notification, or + alerting of information of missile threats against the United + States, or threats to public safety. + (e) Internet and Online Streaming Services Emergency Alert +Examination.-- + (1) Study.--Not later than 180 days after the date of enactment + of this Act, and after providing public notice and opportunity for + comment, the Commission shall complete an inquiry to examine the + feasibility of updating the Emergency Alert System to enable or + improve alerts to consumers provided through the internet, + including through streaming services. + (2) Report.--Not later than 90 days after completing the + inquiry under paragraph (1), the Commission shall submit a report + on the findings and conclusions of the inquiry to-- + (A) the Committee on Commerce, Science, and Transportation + of the Senate; and + (B) the Committee on Energy and Commerce of the House of + Representatives. + (f) Definitions.--In this section-- + (1) the term ``Administrator'' means the Administrator of the + Federal Emergency Management Agency; + (2) the term ``Commission'' means the Federal Communications + Commission; + (3) the term ``Emergency Alert System'' means the national + public warning system, the rules for which are set forth in part 11 + of title 47, Code of Federal Regulations (or any successor + regulation); and + (4) the term ``Wireless Emergency Alerts System'' means the + wireless national public warning system established under the + Warning, Alert, and Response Network Act (47 U.S.C. 1201 et seq.), + the rules for which are set forth in part 10 of title 47, Code of + Federal Regulations (or any successor regulation). +SEC. 9202. WIRELESS SUPPLY CHAIN INNOVATION AND MULTILATERAL SECURITY. + (a) Communications Technology Security Funds.-- + (1) Public wireless supply chain innovation fund.-- + (A) Establishment.-- + (i) In general.--There is established in the Treasury + of the United States a trust fund to be known as the + ``Public Wireless Supply Chain Innovation Fund'' (referred + to in this paragraph as the ``Innovation Fund''). + (ii) Availability.-- + + (I) In general.--Amounts appropriated to the + Innovation Fund shall remain available through the end + of the tenth fiscal year beginning after the date on + which funds are appropriated to the Fund. + (II) Remainder to treasury.--Any amounts remaining + in the Innovation Fund after the end of the tenth + fiscal year beginning after the date of appropriation + shall be deposited in the general fund of the Treasury. + + (B) Use of fund.-- + (i) In general.--Amounts appropriated to the Innovation + Fund shall be available to the Secretary, acting through + the NTIA Administrator, to make grants on a competitive + basis under this paragraph in such amounts as the + Secretary, acting through the NTIA Administrator, + determines appropriate, subject to clause (ii). + (ii) Limitation on grant amounts.--The amount of a + grant awarded under this paragraph to a recipient for a + specific research focus area may not exceed $50,000,000. + (C) Administration of fund.--The Secretary, acting through + the NTIA Administrator, in consultation with the Commission, + the Under Secretary of Commerce for Standards and Technology, + the Secretary of Homeland Security, the Secretary of Defense, + and the Director of the Intelligence Advanced Research Projects + Activity of the Office of the Director of National + Intelligence, shall establish criteria for grants awarded under + this paragraph, by the NTIA Administrator and administer the + Innovation Fund, to support the following: + (i) Promoting and deploying technology, including + software, hardware, and microprocessing technology, that + will enhance competitiveness in the fifth-generation + (commonly known as ``5G'') and successor wireless + technology supply chains that use open and interoperable + interface radio access networks. + (ii) Accelerating commercial deployments of open + interface standards-based compatible, interoperable + equipment, such as equipment developed pursuant to the + standards set forth by organizations such as the O-RAN + Alliance, the Telecom Infra Project, 3GPP, the Open-RAN + Software Community, or any successor organizations. + (iii) Promoting and deploying compatibility of new 5G + equipment with future open standards-based, interoperable + equipment. + (iv) Managing integration of multi-vendor network + environments. + (v) Identifying objective criteria to define equipment + as compliant with open standards for multi-vendor network + equipment interoperability. + (vi) Promoting and deploying security features + enhancing the integrity and availability of equipment in + multi-vendor networks. + (vii) Promoting and deploying network function + virtualization to facilitate multi-vendor interoperability + and a more diverse vendor market. + (D) Nonduplication.--To the greatest extent practicable, + the Secretary, acting through the NTIA Administrator, shall + ensure that any research funded by a grant awarded under this + paragraph avoids duplication of other Federal or private sector + research. + (E) Timing.--Not later than one year after the date on + which funds are appropriated to the Innovation Fund, the + Secretary, acting through the NTIA Administrator, shall begin + awarding grants under this paragraph. + (F) Federal advisory body.-- + (i) Establishment.--The Secretary, acting through the + NTIA Administrator, and in consultation with the Under + Secretary of Commerce for Standards and Technology, shall + establish a Federal advisory committee, in accordance with + the Federal Advisory Committee Act (5 U.S.C. App.), + composed of government and private sector experts, to + advise the Secretary and the NTIA Administrator on the + administration of the Innovation Fund. + (ii) Composition.--The advisory committee established + under clause (i) shall be composed of-- + + (I) representatives from-- + + (aa) the Commission; + (bb) the Department of Defense; + (cc) the Intelligence Advanced Research + Projects Activity of the Office of the Director of + National Intelligence; + (dd) the National Institute of Standards and + Technology; + (ee) the Department of State; + (ff) the National Science Foundation; + (gg) the Department of Homeland Security; and + (hh) the National Telecommunications and + Information Administration; and + + (II) other representatives from the private and + public sectors, at the discretion of the NTIA + Administrator. + + (iii) Duties.--The advisory committee established under + clause (i) shall advise the Secretary and the NTIA + Administrator on technology developments to help inform-- + + (I) the strategic direction of the Innovation Fund; + and + (II) efforts of the Federal Government to promote a + more secure, diverse, sustainable, and competitive + supply chain. + + (G) Reports to congress.-- + (i) Initial report.--Not later than 180 days after the + date of the enactment of this Act, the Secretary, acting + through the NTIA Administrator, shall submit to the + relevant committees of Congress a report with-- + + (I) additional recommendations on promoting the + competitiveness and sustainability of trusted suppliers + in the wireless supply chain; and + (II) any additional authorities needed to + facilitate the timely adoption of open standards-based + equipment, including authority to provide loans, loan + guarantees, and other forms of credit extension that + would maximize the use of funds. + + (ii) Annual report.--For each fiscal year for which + amounts in the Innovation Fund are available under this + paragraph, the Secretary, acting through the NTIA + Administrator, shall submit to Congress a report that-- + + (I) describes how, and to whom, amounts in the + Innovation Fund have been deployed; + (II) details the progress of the Secretary and the + NTIA Administrator in meeting the objectives described + in subparagraph (C); and + (III) includes any additional information that the + Secretary and the NTIA Administrator determine + appropriate. - (a) Definitions.--In this section: - (1) Partnership.--The term ``partnership'' means the - California Public Lands Remediation Partnership, established by - subsection (b). - (2) Priority lands.--The term ``priority lands'' means - Federal land within the State that is determined by the - partnership to be a high priority for remediation. - (3) Remediation.--The term ``remediation'' means to - facilitate the recovery of lands and waters that have been - degraded, damaged, or destroyed by illegal marijuana - cultivation or another illegal activity. Remediation includes - but is not limited to removal of trash, debris, and other - material, and establishing the composition, structure, pattern, - and ecological processes necessary to facilitate terrestrial - and aquatic ecosystem sustainability, resilience, and health - under current and future conditions. - (b) Establishment.--There is hereby established a California Public -Lands Remediation Partnership. - (c) Purposes.--The purposes of the partnership are to-- - (1) coordinate the activities of Federal, State, Tribal, - and local authorities, and the private sector, in the - remediation of priority lands in the State affected by illegal - marijuana cultivation or other illegal activities; and - (2) use the resources and expertise of each agency, - authority, or entity in implementing remediation activities on - priority lands in the State. - (d) Membership.--The members of the partnership shall include the -following: - (1) The Secretary of Agriculture, or a designee of the - Secretary of Agriculture to represent the Forest Service. - (2) The Secretary of the Interior, or a designee of the - Secretary of the Interior, to represent the United States Fish - and Wildlife Service, Bureau of Land Management, and National - Park Service. - (3) The Director of the Office of National Drug Control - Policy, or a designee of the Director. - (4) The Secretary of the State Natural Resources Agency, or - a designee of the Secretary, to represent the California - Department of Fish and Wildlife. - (5) A designee of the California State Water Resources - Control Board. - (6) A designee of the California State Sheriffs' - Association. - (7) One member to represent federally recognized Indian - Tribes, to be appointed by the Secretary of Agriculture. - (8) One member to represent nongovernmental organizations - with an interest in Federal land remediation, to be appointed - by the Secretary of Agriculture. - (9) One member to represent local governmental interests, - to be appointed by the Secretary of Agriculture. - (10) A law enforcement official from each of the following: - (A) The Department of the Interior. - (B) The Department of Agriculture. - (11) A scientist to provide expertise and advise on methods - needed for remediation efforts, to be appointed by the - Secretary of Agriculture. - (12) A designee of the National Guard Counter Drug Program. - (e) Duties.--To further the purposes of this section, the -partnership shall-- - (1) identify priority lands for remediation in the State; - (2) secure resources from Federal and non-Federal sources - to apply to remediation of priority lands in the State; - (3) support efforts by Federal, State, Tribal, and local - agencies, and nongovernmental organizations in carrying out - remediation of priority lands in the State; - (4) support research and education on the impacts of, and - solutions to, illegal marijuana cultivation and other illegal - activities on priority lands in the State; - (5) involve other Federal, State, Tribal, and local - agencies, nongovernmental organizations, and the public in - remediation efforts, to the extent practicable; and - (6) take any other administrative or advisory actions as - necessary to address remediation of priority lands in the - State. - (f) Authorities.--To implement this section, the partnership may, -subject to the prior approval of the Secretary of Agriculture-- - (1) make grants to the State, political subdivisions of the - State, nonprofit organizations, and other persons; - (2) enter into cooperative agreements with, or provide - grants or technical assistance to, the State, political - subdivisions of the State, nonprofit organizations, Federal - agencies, and other interested parties; - (3) hire and compensate staff; - (4) obtain funds or services from any source, including - Federal and non-Federal funds, and funds and services provided - under any other Federal law or program; - (5) contract for goods or services; and - (6) support activities of partners and any other activities - that further the purposes of this section. - (g) Procedures.--The partnership shall establish such rules and -procedures as it deems necessary or desirable. - (h) Local Hiring.--The partnership shall, to the maximum extent -practicable and in accordance with existing law, give preference to -local entities and persons when carrying out this section. - (i) Service Without Compensation.--Members of the partnership shall -serve without pay. - (j) Duties and Authorities of the Secretary of Agriculture.-- - (1) In general.--The Secretary of Agriculture shall convene - the partnership on a regular basis to carry out this section. - (2) Technical and financial assistance.--The Secretary of - Agriculture and Secretary of the Interior may provide technical - and financial assistance, on a reimbursable or nonreimbursable - basis, as determined by the appropriate Secretary, to the - partnership or any members of the partnership to carry out this - title. - (3) Cooperative agreements.--The Secretary of Agriculture - and Secretary of the Interior may enter into cooperative - agreements with the partnership, any members of the - partnership, or other public or private entities to provide - technical, financial, or other assistance to carry out this - title. + (2) Multilateral telecommunications security fund.-- + (A) Establishment of fund.-- + (i) In general.--There is established in the Treasury + of the United States a trust fund to be known as the + ``Multilateral Telecommunications Security Fund''. + (ii) Use of fund.--Amounts appropriated to the + Multilateral Telecommunications Security Fund shall be + available to the Secretary of State to make expenditures + under this paragraph in such amounts as the Secretary of + State determines appropriate. + (iii) Availability.-- + + (I) In general.--Amounts appropriated to the + Multilateral Telecommunications Security Fund-- + + (aa) shall remain available through the end of + the tenth fiscal year beginning after the date of + appropriation; and + (bb) may only be allocated upon the Secretary + of State reaching an arrangement or agreement with + foreign government partners to participate in the + common funding mechanism described in subparagraph + (B). + + (II) Remainder to treasury.--Any amounts remaining + in the Multilateral Telecommunications Security Fund + after the end of the tenth fiscal year beginning after + the date of the enactment of this Act shall be + deposited in the general fund of the Treasury. + + (B) Administration of fund.--The Secretary of State, in + consultation with the NTIA Administrator, the Secretary of + Homeland Security, the Secretary of Defense, the Secretary of + the Treasury, the Director of National Intelligence, and the + Commission, is authorized to establish a common funding + mechanism, in coordination with foreign partners, that uses + amounts from the Multilateral Telecommunications Security Fund + to support the development and adoption of secure and trusted + telecommunications technologies. In creating and sustaining a + common funding mechanism, the Secretary of State should + leverage United States funding in order to secure commitments + and contributions from trusted foreign partners such as the + United Kingdom, Canada, Australia, New Zealand, and Japan, and + should prioritize the following objectives: + (i) Advancing research and development of secure and + trusted communications technologies. + (ii) Strengthening supply chains. + (iii) Promoting the use of trusted vendors. + (C) Annual report to congress.--Not later than 1 year after + the date of the enactment of this Act, and annually thereafter + for each fiscal year during which amounts in the Multilateral + Telecommunications Security Fund are available, the Secretary + of State shall submit to the relevant committees of Congress a + report on the status and progress of the funding mechanism + established under subparagraph (B), including-- + (i) any funding commitments from foreign partners, + including each specific amount committed; + (ii) governing criteria for use of the Multilateral + Telecommunications Security Fund; + (iii) an account of-- + + (I) how, and to whom, funds have been deployed; + (II) amounts remaining in the Multilateral + Telecommunications Security Fund; and + (III) the progress of the Secretary of State in + meeting the objective described in subparagraph (B); + and -SEC. 20214. TRINITY LAKE VISITOR CENTER. - - (a) In General.--The Secretary of Agriculture, acting through the -Chief of the Forest Service, may establish, in cooperation with any -other public or private entities that the Secretary may determine to be -appropriate, a visitor center in Weaverville, California-- - (1) to serve visitors; and - (2) to assist in fulfilling the purposes of the - Whiskeytown-Shasta-Trinity National Recreation Area. - (b) Requirements.--The Secretary shall ensure that the visitor -center authorized under subsection (a) is designed to interpret the -scenic, biological, natural, historical, scientific, paleontological, -recreational, ecological, wilderness, and cultural resources of the -Whiskeytown-Shasta-Trinity National Recreation Area and other nearby -Federal lands. - (c) Cooperative Agreements.--The Secretary of Agriculture may, in a -manner consistent with this title, enter into cooperative agreements -with the State and any other appropriate institutions and organizations -to carry out the purposes of this section. - -SEC. 20215. DEL NORTE COUNTY VISITOR CENTER. - - (a) In General.--The Secretary of Agriculture and Secretary of the -Interior, acting jointly or separately, may establish, in cooperation -with any other public or private entities that the Secretaries -determine to be appropriate, a visitor center in Del Norte County, -California-- - (1) to serve visitors; and - (2) to assist in fulfilling the purposes of Redwood - National and State Parks, the Smith River National Recreation - Area, and other nearby Federal lands. - (b) Requirements.--The Secretaries shall ensure that the visitor -center authorized under subsection (a) is designed to interpret the -scenic, biological, natural, historical, scientific, paleontological, -recreational, ecological, wilderness, and cultural resources of Redwood -National and State Parks, the Smith River National Recreation Area, and -other nearby Federal lands. - -SEC. 20216. MANAGEMENT PLANS. - - (a) In General.--In revising the land and resource management plan -for the Shasta-Trinity, Six Rivers, Klamath, and Mendocino National -Forests, the Secretary shall-- - (1) consider the purposes of the South Fork Trinity-Mad - River Restoration Area established by section 20211; and - (2) include or update the fire management plan for the - wilderness areas and wilderness additions established by this - title. - (b) Requirement.--In carrying out the revisions required by -subsection (a), the Secretary shall-- - (1) develop spatial fire management plans in accordance - with-- - (A) the Guidance for Implementation of Federal - Wildland Fire Management Policy dated February 13, - 2009, including any amendments to that guidance; and - (B) other appropriate policies; - (2) ensure that a fire management plan-- - (A) considers how prescribed or managed fire can be - used to achieve ecological management objectives of - wilderness and other natural or primitive areas; and - (B) in the case of a wilderness area expanded by - section 20231, provides consistent direction regarding - fire management to the entire wilderness area, - including the addition; - (3) consult with-- - (A) appropriate State, Tribal, and local - governmental entities; and - (B) members of the public; and - (4) comply with applicable laws (including regulations). - -SEC. 20217. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT ACCOMMODATIONS. - - (a) Study.--The Secretary of the Interior, in consultation with -interested Federal, State, Tribal, and local entities, and private and -nonprofit organizations, shall conduct a study to evaluate the -feasibility and suitability of establishing overnight accommodations -near Redwood National and State Parks on-- - (1) Federal land at the northern boundary or on land within - 20 miles of the northern boundary; and - (2) Federal land at the southern boundary or on land within - 20 miles of the southern boundary. - (b) Partnerships.-- - (1) Agreements authorized.--If the study conducted under - subsection (a) determines that establishing the described - accommodations is suitable and feasible, the Secretary may - enter into agreements with qualified private and nonprofit - organizations for the development, operation, and maintenance - of overnight accommodations. - (2) Contents.--Any agreements entered into under paragraph - (1) shall clearly define the role and responsibility of the - Secretary and the private or nonprofit organization. - (3) Compliance.--The Secretary shall enter agreements under - paragraph (1) in accordance with existing law. - (4) Effect.--Nothing in this subsection-- - (A) reduces or diminishes the authority of the - Secretary to manage land and resources under the - jurisdiction of the Secretary; or - (B) amends or modifies the application of any - existing law (including regulations) applicable to land - under the jurisdiction of the Secretary. - - Subtitle B--Recreation - -SEC. 20221. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA. - - (a) Establishment.--Subject to valid existing rights, there is -established the Horse Mountain Special Management Area (referred to in -this section as the ``special management area'') comprising -approximately 7,399 acres of Federal land administered by the Forest -Service in Humboldt County, California, as generally depicted on the -map entitled ``Horse Mountain Special Management Area--Proposed'' and -dated April 13, 2017. - (b) Purposes.--The purpose of the special management area is to -enhance the recreational and scenic values of the special management -area while conserving the plants, wildlife, and other natural resource -values of the area. - (c) Management Plan.-- - (1) In general.--Not later than 3 years after the date of - enactment of this Act and in accordance with paragraph (2), the - Secretary shall develop a comprehensive plan for the long-term - management of the special management area. - (2) Consultation.--In developing the management plan - required under paragraph (1), the Secretary shall consult - with-- - (A) appropriate State, Tribal, and local - governmental entities; and - (B) members of the public. - (3) Additional requirement.--The management plan required - under paragraph (1) shall ensure that recreational use within - the special management area does not cause significant adverse - impacts on the plants and wildlife of the special management - area. - (d) Management.-- - (1) In general.--The Secretary shall manage the special - management area-- - (A) in furtherance of the purposes described in - subsection (b); and - (B) in accordance with-- - (i) the laws (including regulations) - generally applicable to the National Forest - System; - (ii) this section; and - (iii) any other applicable law (including - regulations). - (2) Recreation.--The Secretary shall continue to authorize, - maintain, and enhance the recreational use of the special - management area, including hunting, fishing, camping, hiking, - hang gliding, sightseeing, nature study, horseback riding, - rafting, mountain biking, and motorized recreation on - authorized routes, and other recreational activities, so long - as such recreational use is consistent with the purposes of the - special management area, this section, other applicable law - (including regulations), and applicable management plans. - (3) Motorized vehicles.-- - (A) In general.--Except as provided in subparagraph - (B), the use of motorized vehicles in the special - management area shall be permitted only on roads and - trails designated for the use of motorized vehicles. - (B) Use of snowmobiles.--The winter use of - snowmobiles shall be allowed in the special management - area-- - (i) during periods of adequate snow - coverage during the winter season; and - (ii) subject to any terms and conditions - determined to be necessary by the Secretary. - (4) New trails.-- - (A) In general.--The Secretary may construct new - trails for motorized or nonmotorized recreation within - the special management area in accordance with-- - (i) the laws (including regulations) - generally applicable to the National Forest - System; - (ii) this section; and - (iii) any other applicable law (including - regulations). - (B) Priority.--In establishing new trails within - the special management area, the Secretary shall-- - (i) prioritize the establishment of loops - that provide high-quality, diverse recreational - experiences; and - (ii) consult with members of the public. - (e) Withdrawal.--Subject to valid existing rights, the special -management area is withdrawn from-- - (1) all forms of appropriation or disposal under the public - land laws; - (2) location, entry, and patent under the mining laws; and - (3) disposition under laws relating to mineral and - geothermal leasing. - -SEC. 20222. BIGFOOT NATIONAL RECREATION TRAIL. - - (a) Feasibility Study.-- - (1) In general.--Not later than 3 years after the date of - the enactment of this Act, the Secretary of Agriculture, in - cooperation with the Secretary of the Interior, shall submit to - the Committee on Natural Resources of the House of - Representatives and Committee on Energy and Natural Resources - of the Senate a study that describes the feasibility of - establishing a nonmotorized Bigfoot National Recreation Trail - that follows the route described in paragraph (2). - (2) Route.--The trail described in paragraph (1) shall - extend from the Ides Cove Trailhead in the Mendocino National - Forest to Crescent City, California, by roughly following the - route as generally depicted on the map entitled ``Bigfoot - National Recreation Trail--Proposed'' and dated July 25, 2018. - (3) Additional requirement.--In completing the study - required by subsection (a), the Secretary of Agriculture shall - consult with-- - (A) appropriate Federal, State, Tribal, regional, - and local agencies; - (B) private landowners; - (C) nongovernmental organizations; and - (D) members of the public. - (b) Designation.-- - (1) In general.--Upon a determination that the Bigfoot - National Recreation Trail is feasible and meets the - requirements for a National Recreation Trail in section 1243 of - title 16, United States Code, the Secretary of Agriculture - shall designate the Bigfoot National Recreation Trail in - accordance with-- - (A) the National Trails System Act (Public Law 90- - 543); - (B) this title; and - (C) other applicable law (including regulations). - (2) Administration.--Upon designation by the Secretary of - Agriculture, the Bigfoot National Recreation Trail (referred to - in this section as the ``trail'') shall be administered by the - Secretary of Agriculture, in consultation with-- - (A) other Federal, State, Tribal, regional, and - local agencies; - (B) private landowners; and - (C) other interested organizations. - (3) Private property rights.-- - (A) In general.--No portions of the trail may be - located on non-Federal land without the written consent - of the landowner. - (B) Prohibition.--The Secretary of Agriculture - shall not acquire for the trail any land or interest in - land outside the exterior boundary of any federally - managed area without the consent of the owner of the - land or interest in the land. - (C) Effect.--Nothing in this section-- - (i) requires any private property owner to - allow public access (including Federal, State, - or local government access) to private - property; or - (ii) modifies any provision of Federal, - State, or local law with respect to public - access to or use of private land. - (c) Cooperative Agreements.--In carrying out this section, the -Secretary of Agriculture may enter into cooperative agreements with -State, Tribal, and local government entities and private entities to -complete needed trail construction, reconstruction, realignment, -maintenance, or education projects related to the Bigfoot National -Recreation Trail. - (d) Map.-- - (1) Map required.--Upon designation of the Bigfoot National - Recreation Trail, the Secretary of Agriculture shall prepare a - map of the trail. - (2) Public availability.--The map referred to in paragraph - (1) shall be on file and available for public inspection in the - appropriate offices of the Forest Service. - -SEC. 20223. ELK CAMP RIDGE RECREATION TRAIL. - - (a) Designation.-- - (1) In general.--In accordance with paragraph (2), the - Secretary of Agriculture after an opportunity for public - comment, shall designate a trail (which may include a system of - trails)-- - (A) for use by off-highway vehicles or mountain - bicycles, or both; and - (B) to be known as the Elk Camp Ridge Recreation - Trail. - (2) Requirements.--In designating the Elk Camp Ridge - Recreation Trail (referred to in this section as the - ``trail''), the Secretary shall only include trails that are-- - (A) as of the date of enactment of this Act, - authorized for use by off-highway vehicles or mountain - bikes, or both; and - (B) located on land that is managed by the Forest - Service in Del Norte County. - (3) Map.--A map that depicts the trail shall be on file and - available for public inspection in the appropriate offices of - the Forest Service. - (b) Management.-- - (1) In general.--The Secretary shall manage the trail-- - (A) in accordance with applicable laws (including - regulations); - (B) to ensure the safety of citizens who use the - trail; and - (C) in a manner by which to minimize any damage to - sensitive habitat or cultural resources. - (2) Monitoring; evaluation.--To minimize the impacts of the - use of the trail on environmental and cultural resources, the - Secretary shall annually assess the effects of the use of off- - highway vehicles and mountain bicycles on-- - (A) the trail; - (B) land located in proximity to the trail; and - (C) plants, wildlife, and wildlife habitat. - (3) Closure.--The Secretary, in consultation with the State - and Del Norte County, and subject to paragraph (4), may - temporarily close or permanently reroute a portion of the trail - if the Secretary determines that-- - (A) the trail is having an adverse impact on-- - (i) wildlife habitats; - (ii) natural resources; - (iii) cultural resources; or - (iv) traditional uses; - (B) the trail threatens public safety; or - (C) closure of the trail is necessary-- - (i) to repair damage to the trail; or - (ii) to repair resource damage. - (4) Rerouting.--Any portion of the trail that is - temporarily closed by the Secretary under paragraph (3) may be - permanently rerouted along any road or trail-- - (A) that is-- - (i) in existence as of the date of the - closure of the portion of the trail; - (ii) located on public land; and - (iii) open to motorized or mechanized use; - and - (B) if the Secretary determines that rerouting the - portion of the trail would not significantly increase - or decrease the length of the trail. - (5) Notice of available routes.--The Secretary shall ensure - that visitors to the trail have access to adequate notice - relating to the availability of trail routes through-- - (A) the placement of appropriate signage along the - trail; and - (B) the distribution of maps, safety education - materials, and other information that the Secretary - concerned determines to be appropriate. - (c) Effect.--Nothing in this section affects the ownership, -management, or other rights relating to any non-Federal land (including -any interest in any non-Federal land). - -SEC. 20224. TRINITY LAKE TRAIL. - - (a) Trail Construction.-- - (1) Feasibility study.--Not later than 18 months after the - date of enactment of this Act, the Secretary shall study the - feasibility and public interest of constructing a recreational - trail for nonmotorized uses around Trinity Lake. - (2) Construction.-- - (A) Construction authorized.--Subject to - appropriations, and in accordance with paragraph (3), - if the Secretary determines under paragraph (1) that - the construction of the trail described in such - paragraph is feasible and in the public interest, the - Secretary may provide for the construction of the - trail. - (B) Use of volunteer services and contributions.-- - The trail may be constructed under this section through - the acceptance of volunteer services and contributions - from non-Federal sources to reduce or eliminate the - need for Federal expenditures to construct the trail. - (3) Compliance.--In carrying out this section, the - Secretary shall comply with-- - (A) the laws (including regulations) generally - applicable to the National Forest System; and - (B) this title. - (b) Effect.--Nothing in this section affects the ownership, -management, or other rights relating to any non-Federal land (including -any interest in any non-Federal land). - -SEC. 20225. TRAILS STUDY. - - (a) In General.--Not later than 2 years after the date of enactment -of this Act, the Secretary of Agriculture, in accordance with -subsection (b) and in consultation with interested parties, shall -conduct a study to improve motorized and nonmotorized recreation trail -opportunities (including mountain bicycling) on land not designated as -wilderness within the portions of the Six Rivers, Shasta-Trinity, and -Mendocino National Forests located in Del Norte, Humboldt, Trinity, and -Mendocino Counties. - (b) Consultation.--In carrying out the study required by subsection -(a), the Secretary of Agriculture shall consult with the Secretary of -the Interior regarding opportunities to improve, through increased -coordination, recreation trail opportunities on land under the -jurisdiction of the Secretary of the Interior that shares a boundary -with the national forest land described in subsection (a). - -SEC. 20226. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES. - - (a) Trail Construction.-- - (1) Feasibility study.--Not later than 18 months after the - date of enactment of this Act, the Secretary of Agriculture - shall study the feasibility and public interest of constructing - recreational trails for mountain bicycling and other - nonmotorized uses on the routes as generally depicted in the - report entitled ``Trail Study for Smith River National - Recreation Area Six Rivers National Forest'' and dated 2016. - (2) Construction.-- - (A) Construction authorized.--Subject to - appropriations, and in accordance with paragraph (3), - if the Secretary determines under paragraph (1) that - the construction of one or more routes described in - such paragraph is feasible and in the public interest, - the Secretary may provide for the construction of the - routes. - (B) Modifications.--The Secretary may modify the - routes as necessary in the opinion of the Secretary. - (C) Use of volunteer services and contributions.-- - Routes may be constructed under this section through - the acceptance of volunteer services and contributions - from non-Federal sources to reduce or eliminate the - need for Federal expenditures to construct the route. - (3) Compliance.--In carrying out this section, the - Secretary shall comply with-- - (A) the laws (including regulations) generally - applicable to the National Forest System; and - (B) this title. - (b) Effect.--Nothing in this section affects the ownership, -management, or other rights relating to any non-Federal land (including -any interest in any non-Federal land). - -SEC. 20227. PARTNERSHIPS. - - (a) Agreements Authorized.--The Secretary is authorized to enter -into agreements with qualified private and nonprofit organizations to -undertake the following activities on Federal lands in Mendocino, -Humboldt, Trinity, and Del Norte Counties-- - (1) trail and campground maintenance; - (2) public education, visitor contacts, and outreach; and - (3) visitor center staffing. - (b) Contents.--Any agreements entered into under subsection (a) -shall clearly define the role and responsibility of the Secretary and -the private or nonprofit organization. - (c) Compliance.--The Secretary shall enter into agreements under -subsection (a) in accordance with existing law. - (d) Effect.--Nothing in this section-- - (1) reduces or diminishes the authority of the Secretary to - manage land and resources under the jurisdiction of the - Secretary; or - (2) amends or modifies the application of any existing law - (including regulations) applicable to land under the - jurisdiction of the Secretary. - - Subtitle C--Conservation - -SEC. 20231. DESIGNATION OF WILDERNESS. - - (a) In General.--In accordance with the Wilderness Act (16 U.S.C. -1131 et seq.), the following areas in the State are designated as -wilderness areas and as components of the National Wilderness -Preservation System: - (1) Black butte river wilderness.--Certain Federal land - managed by the Forest Service in the State, comprising - approximately 11,117 acres, as generally depicted on the map - entitled ``Black Butte River Wilderness--Proposed'' and dated - April 13, 2017, which shall be known as the Black Butte River - Wilderness. - (2) Chanchelulla wilderness additions.--Certain Federal - land managed by the Forest Service in the State, comprising - approximately 6,212 acres, as generally depicted on the map - entitled ``Chanchelulla Wilderness Additions--Proposed'' and - dated July 16, 2018, which is incorporated in, and considered - to be a part of, the Chanchelulla Wilderness, as designated by - section 101(a)(4) of the California Wilderness Act of 1984 (16 - U.S.C. 1132 note; 98 Stat. 1619). - (3) Chinquapin wilderness.--Certain Federal land managed by - the Forest Service in the State, comprising approximately - 27,258 acres, as generally depicted on the map entitled - ``Chinquapin Wilderness--Proposed'' and dated January 15, 2020, - which shall be known as the Chinquapin Wilderness. - (4) Elkhorn ridge wilderness addition.--Certain Federal - land managed by the Bureau of Land Management in the State, - comprising approximately 37 acres, as generally depicted on the - map entitled ``Proposed Elkhorn Ridge Wilderness Additions'' - and dated October 24, 2019, which is incorporated in, and - considered to be a part of, the Elkhorn Ridge Wilderness, as - designated by section 6(d) of Public Law 109-362 (16 U.S.C. - 1132 note; 120 Stat. 2070). - (5) English ridge wilderness.--Certain Federal land managed - by the Bureau of Land Management in the State, comprising - approximately 6,204 acres, as generally depicted on the map - entitled ``English Ridge Wilderness--Proposed'' and dated March - 29, 2019, which shall be known as the English Ridge Wilderness. - (6) Headwaters forest wilderness.--Certain Federal land - managed by the Bureau of Land Management in the State, - comprising approximately 4,360 acres, as generally depicted on - the map entitled ``Headwaters Forest Wilderness--Proposed'' and - dated October 15, 2019, which shall be known as the Headwaters - Forest Wilderness. - (7) Mad river buttes wilderness.--Certain Federal land - managed by the Forest Service in the State, comprising - approximately 6,002 acres, as generally depicted on the map - entitled ``Mad River Buttes Wilderness--Proposed'' and dated - July 25, 2018, which shall be known as the Mad River Buttes - Wilderness. - (8) Mount lassic wilderness addition.--Certain Federal land - managed by the Forest Service in the State, comprising - approximately 1,292 acres, as generally depicted on the map - entitled ``Mount Lassic Wilderness Additions--Proposed'' and - dated February 23, 2017, which is incorporated in, and - considered to be a part of, the Mount Lassic Wilderness, as - designated by section 3(6) of Public Law 109-362 (16 U.S.C. - 1132 note; 120 Stat. 2065). - (9) North fork eel wilderness addition.--Certain Federal - land managed by the Forest Service and the Bureau of Land - Management in the State, comprising approximately 16,274 acres, - as generally depicted on the map entitled ``North Fork - Wilderness Additions'' and dated January 15, 2020, which is - incorporated in, and considered to be a part of, the North Fork - Eel Wilderness, as designated by section 101(a)(19) of the - California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 - Stat. 1621). - (10) Pattison wilderness.--Certain Federal land managed by - the Forest Service in the State, comprising approximately - 28,595 acres, as generally depicted on the map entitled - ``Pattison Wilderness--Proposed'' and dated July 16, 2018, - which shall be known as the Pattison Wilderness. - (11) Sanhedrin wilderness addition.--Certain Federal land - managed by the Forest Service in the State, comprising - approximately 112 acres, as generally depicted on the map - entitled ``Sanhedrin Wilderness Addition--Proposed'' and dated - March 29, 2019, which is incorporated in, and considered to be - a part of, the Sanhedrin Wilderness, as designated by section - 3(2) of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat. - 2065). - (12) Siskiyou wilderness addition.--Certain Federal land - managed by the Forest Service in the State, comprising - approximately 27,747 acres, as generally depicted on the map - entitled ``Siskiyou Wilderness Additions and Potential - Wildernesses--Proposed'' and dated July 24, 2018, which is - incorporated in, and considered to be a part of, the Siskiyou - Wilderness, as designated by section 101(a)(30) of the - California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 - Stat. 1623) (as amended by section 3(5) of Public Law 109-362 - (16 U.S.C. 1132 note; 120 Stat. 2065)). - (13) South fork eel river wilderness addition.--Certain - Federal land managed by the Bureau of Land Management in the - State, comprising approximately 603 acres, as generally - depicted on the map entitled ``South Fork Eel River Wilderness - Additions--Proposed'' and dated October 24, 2019, which is - incorporated in, and considered to be a part of, the South Fork - Eel River Wilderness, as designated by section 3(10) of Public - Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2066). - (14) South fork trinity river wilderness.--Certain Federal - land managed by the Forest Service in the State, comprising - approximately 26,446 acres, as generally depicted on the map - entitled ``South Fork Trinity River Wilderness and Potential - Wildernesses--Proposed'' and dated March 11, 2019, which shall - be known as the South Fork Trinity River Wilderness. - (15) Trinity alps wilderness addition.--Certain Federal - land managed by the Forest Service in the State, comprising - approximately 60,826 acres, as generally depicted on the maps - entitled ``Trinity Alps Proposed Wilderness Additions EAST'' - and ``Trinity Alps Proposed Wilderness Additions WEST'' and - dated January 15, 2020, which is incorporated in, and - considered to be a part of, the Trinity Alps Wilderness, as - designated by section 101(a)(34) of the California Wilderness - Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by - section 3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120 - Stat. 2065)). - (16) Underwood wilderness.--Certain Federal land managed by - the Forest Service in the State, comprising approximately - 15,069 acres, as generally depicted on the map entitled - ``Underwood Wilderness--Proposed'' and dated January 15, 2020, - which shall be known as the Underwood Wilderness. - (17) Yolla bolly-middle eel wilderness additions.--Certain - Federal land managed by the Forest Service and the Bureau of - Land Management in the State, comprising approximately 10,729 - acres, as generally depicted on the map entitled ``Yolla Bolly - Middle Eel Wilderness Additions and Potential Wildernesses-- - Proposed'' and dated June 7, 2018, which is incorporated in, - and considered to be a part of, the Yolla Bolly-Middle Eel - Wilderness, as designated by section 3 of the Wilderness Act - (16 U.S.C. 1132) (as amended by section 3(4) of Public Law 109- - 362 (16 U.S.C. 1132 note; 120 Stat. 2065)). - (18) Yuki wilderness addition.--Certain Federal land - managed by the Forest Service and the Bureau of Land Management - in the State, comprising approximately 11,076 acres, as - generally depicted on the map entitled ``Yuki Wilderness - Additions--Proposed'' and dated January 15, 2020, which is - incorporated in, and considered to be a part of, the Yuki - Wilderness, as designated by section 3(3) of Public Law 109-362 - (16 U.S.C. 1132 note; 120 Stat. 2065). - (b) Redesignation of North Fork Wilderness as North Fork Eel River -Wilderness.--Section 101(a)(19) of Public Law 98-425 (16 U.S.C. 1132 -note; 98 Stat. 1621) is amended by striking ``North Fork Wilderness'' -and inserting ``North Fork Eel River Wilderness''. Any reference in a -law, map, regulation, document, paper, or other record of the United -States to the North Fork Wilderness shall be deemed to be a reference -to the North Fork Eel River Wilderness. - (c) Elkhorn Ridge Wilderness Adjustments.--The boundary of the -Elkhorn Ridge Wilderness established by section 6(d) of Public Law 109- -362 (16 U.S.C. 1132 note) is adjusted by deleting approximately 30 -acres of Federal land as generally depicted on the map entitled -``Proposed Elkhorn Ridge Wilderness Additions'' and dated October 24, -2019. - -SEC. 20232. ADMINISTRATION OF WILDERNESS. - - (a) In General.--Subject to valid existing rights, the wilderness -areas and wilderness additions established by section 20231 shall be -administered by the Secretary in accordance with this subtitle and the -Wilderness Act (16 U.S.C. 1131 et seq.), except that-- - (1) any reference in the Wilderness Act to the effective - date of that Act shall be considered to be a reference to the - date of enactment of this Act; and - (2) any reference in that Act to the Secretary of - Agriculture shall be considered to be a reference to the - Secretary. - (b) Fire Management and Related Activities.-- - (1) In general.--The Secretary may take such measures in a - wilderness area or wilderness addition designated by section - 20231 as are necessary for the control of fire, insects, and - diseases in accordance with section 4(d)(1) of the Wilderness - Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th - Congress. - (2) Funding priorities.--Nothing in this subtitle limits - funding for fire and fuels management in the wilderness areas - or wilderness additions designated by this title. - (3) Administration.--Consistent with paragraph (1) and - other applicable Federal law, to ensure a timely and efficient - response to fire emergencies in the wilderness additions - designated by this subtitle, the Secretary of Agriculture - shall-- - (A) not later than 1 year after the date of - enactment of this Act, establish agency approval - procedures (including appropriate delegations of - authority to the Forest Supervisor, District Manager, - or other agency officials) for responding to fire - emergencies; and - (B) enter into agreements with appropriate State or - local firefighting agencies. - (c) Grazing.--The grazing of livestock in the wilderness areas and -wilderness additions designated by this title, if established before -the date of enactment of this Act, shall be administered in accordance -with-- - (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. - 1133(d)(4)); and - (2)(A) for lands under the jurisdiction of the Secretary of - Agriculture, the guidelines set forth in the report of the - Committee on Interior and Insular Affairs of the House of - Representatives accompanying H.R. 5487 of the 96th Congress (H. - Rept. 96-617); or - (B) for lands under the jurisdiction of the Secretary of - the Interior, the guidelines set forth in Appendix A of the - report of the Committee on Interior and Insular Affairs of the - House of Representatives accompanying H.R. 2570 of the 101st - Congress (H. Rept. 101-405). - (d) Fish and Wildlife.-- - (1) In general.--In accordance with section 4(d)(7) of the - Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title - affects the jurisdiction or responsibilities of the State with - respect to fish and wildlife on public land in the State. - (2) Management activities.--In furtherance of the purposes - and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), - the Secretary may conduct any management activities that are - necessary to maintain or restore fish, wildlife, and plant - populations and habitats in the wilderness areas or wilderness - additions designated by section 20231, if the management - activities are-- - (A) consistent with relevant wilderness management - plans; and - (B) conducted in accordance with-- - (i) the Wilderness Act (16 U.S.C. 1131 et - seq.); and - (ii) appropriate policies, such as the - policies established in Appendix B of House - Report 101-405. - (e) Buffer Zones.-- - (1) In general.--Congress does not intend for designation - of wilderness or wilderness additions by this title to lead to - the creation of protective perimeters or buffer zones around - each wilderness area or wilderness addition. - (2) Activities or uses up to boundaries.--The fact that - nonwilderness activities or uses can be seen or heard from - within a wilderness area shall not, of itself, preclude the - activities or uses up to the boundary of the wilderness area. - (f) Military Activities.--Nothing in this subtitle precludes-- - (1) low-level overflights of military aircraft over the - wilderness areas or wilderness additions designated by section - 20231; - (2) the designation of new units of special airspace over - the wilderness areas or wilderness additions designated by - section 20231; or - (3) the use or establishment of military flight training - routes over the wilderness areas or wilderness additions - designated by section 20231. - (g) Horses.--Nothing in this subtitle precludes horseback riding -in, or the entry of recreational or commercial saddle or pack stock -into, an area designated as a wilderness area or wilderness addition by -section 20231-- - (1) in accordance with section 4(d)(5) of the Wilderness - Act (16 U.S.C. 1133(d)(5)); and - (2) subject to any terms and conditions determined to be - necessary by the Secretary. - (h) Withdrawal.--Subject to valid existing rights, the wilderness -areas and wilderness additions designated by section 20231 are -withdrawn from-- - (1) all forms of entry, appropriation, and disposal under - the public land laws; - (2) location, entry, and patent under the mining laws; and - (3) operation of the mineral materials and geothermal - leasing laws. - (i) Use by Members of Indian Tribes.-- - (1) Access.--In recognition of the past use of wilderness - areas and wilderness additions designated by this title by - members of Indian Tribes for traditional cultural and religious - purposes, the Secretary shall ensure that Indian Tribes have - access to the wilderness areas and wilderness additions - designated by section 20231 for traditional cultural and - religious purposes. - (2) Temporary closures.-- - (A) In general.--In carrying out this section, the - Secretary, on request of an Indian Tribe, may - temporarily close to the general public one or more - specific portions of a wilderness area or wilderness - addition to protect the privacy of the members of the - Indian Tribe in the conduct of the traditional cultural - and religious activities in the wilderness area or - wilderness addition. - (B) Requirement.--Any closure under subparagraph - (A) shall be made in such a manner as to affect the - smallest practicable area for the minimum period of - time necessary for the activity to be carried out. - (3) Applicable law.--Access to the wilderness areas and - wilderness additions under this subsection shall be in - accordance with-- - (A) Public Law 95-341 (commonly known as the - American Indian Religious Freedom Act) (42 U.S.C. 1996 - et seq.); and - (B) the Wilderness Act (16 U.S.C. 1131 et seq.). - (j) Incorporation of Acquired Land and Interests.--Any land within -the boundary of a wilderness area or wilderness addition designated by -section 20231 that is acquired by the United States shall-- - (1) become part of the wilderness area in which the land is - located; - (2) be withdrawn in accordance with subsection (h); and - (3) be managed in accordance with this section, the - Wilderness Act (16 U.S.C. 1131 et seq.), and any other - applicable law. - (k) Climatological Data Collection.--In accordance with the -Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and -conditions as the Secretary may prescribe, the Secretary may authorize -the installation and maintenance of hydrologic, meteorologic, or -climatological collection devices in the wilderness areas and -wilderness additions designated by section 20231 if the Secretary -determines that the facilities and access to the facilities are -essential to flood warning, flood control, or water reservoir operation -activities. - (l) Authorized Events.--The Secretary may continue to authorize the -competitive equestrian event permitted since 2012 in the Chinquapin -Wilderness established by section 20231 in a manner compatible with the -preservation of the area as wilderness. - (m) Recreational Climbing.--Nothing in this title prohibits -recreational rock climbing activities in the wilderness areas, such as -the placement, use, and maintenance of fixed anchors, including any -fixed anchor established before the date of the enactment of this Act-- - (1) in accordance with the Wilderness Act (16 U.S.C. 1131 - et seq.); and - (2) subject to any terms and conditions determined to be - necessary by the Secretary. - -SEC. 20233. DESIGNATION OF POTENTIAL WILDERNESS. - - (a) Designation.--In furtherance of the purposes of the Wilderness -Act (16 U.S.C. 1131 et seq.), the following areas in the State are -designated as potential wilderness areas: - (1) Certain Federal land managed by the Forest Service, - comprising approximately 3,797 acres, as generally depicted on - the map entitled ``Chinquapin Proposed Potential Wilderness'' - and dated January 15, 2020. - (2) Certain Federal land administered by the National Park - Service, compromising approximately 31,000 acres, as generally - depicted on the map entitled ``Redwood National Park--Potential - Wilderness'' and dated October 9, 2019. - (3) Certain Federal land managed by the Forest Service, - comprising approximately 8,961 acres, as generally depicted on - the map entitled ``Siskiyou Wilderness Additions and Potential - Wildernesses--Proposed'' and dated July 24, 2018. - (4) Certain Federal land managed by the Forest Service, - comprising approximately 405 acres, as generally depicted on - the map entitled ``South Fork Trinity River Wilderness and - Potential Wildernesses--Proposed'' and dated March 11, 2019. - (5) Certain Federal land managed by the Forest Service, - comprising approximately 1,256 acres, as generally depicted on - the map entitled ``Trinity Alps Proposed Potential Wilderness'' - and dated January 15, 2020. - (6) Certain Federal land managed by the Forest Service, - comprising approximately 4,282 acres, as generally depicted on - the map entitled ``Yolla Bolly Middle Eel Wilderness Additions - and Potential Wildernesses--Proposed'' and dated June 7, 2018. - (7) Certain Federal land managed by the Forest Service, - comprising approximately 2,909 acres, as generally depicted on - the map entitled ``Yuki Proposed Potential Wilderness'' and - dated January 15, 2020. - (b) Management.--Except as provided in subsection (c) and subject -to valid existing rights, the Secretary shall manage the potential -wilderness areas designated by subsection (a) (referred to in this -section as ``potential wilderness areas'') as wilderness until the -potential wilderness areas are designated as wilderness under -subsection (d). - (c) Ecological Restoration.-- - (1) In general.--For purposes of ecological restoration - (including the elimination of nonnative species, removal of - illegal, unused, or decommissioned roads, repair of skid - tracks, and any other activities necessary to restore the - natural ecosystems in a potential wilderness area and - consistent with paragraph (2)), the Secretary may use motorized - equipment and mechanized transport in a potential wilderness - area until the potential wilderness area is designated as - wilderness under subsection (d). - (2) Limitation.--To the maximum extent practicable, the - Secretary shall use the minimum tool or administrative practice - necessary to accomplish ecological restoration with the least - amount of adverse impact on wilderness character and resources. - (d) Eventual Wilderness Designation.--The potential wilderness -areas shall be designated as wilderness and as a component of the -National Wilderness Preservation System on the earlier of-- - (1) the date on which the Secretary publishes in the - Federal Register notice that the conditions in a potential - wilderness area that are incompatible with the Wilderness Act - (16 U.S.C. 1131 et seq.) have been removed; or - (2) the date that is 10 years after the date of enactment - of this Act for potential wilderness areas located on lands - managed by the Forest Service. - (e) Administration as Wilderness.-- - (1) In general.--On its designation as wilderness under - subsection (d), a potential wilderness area shall be - administered in accordance with section 20232 and the - Wilderness Act (16 U.S.C. 1131 et seq.). - (2) Designation.--On its designation as wilderness under - subsection (d)-- - (A) the land described in subsection (a)(1) shall - be incorporated in, and considered to be a part of, the - Chinquapin Wilderness established by section - 20231(a)(3); - (B) the land described in subsection (a)(3) shall - be incorporated in, and considered to be a part of, the - Siskiyou Wilderness as designated by section 231(a)(30) - of the California Wilderness Act of 1984 (16 U.S.C. - 1132 note; 98 Stat. 1623) (as amended by section 3(5) - of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat. - 2065) and expanded by section 20231(a)(12)); - (C) the land described in subsection (a)(4) shall - be incorporated in, and considered to be a part of, the - South Fork Trinity River Wilderness established by - section 20231(a)(14); - (D) the land described in subsection (a)(5) shall - be incorporated in, and considered to be a part of, the - Trinity Alps Wilderness as designated by section - 101(a)(34) of the California Wilderness Act of 1984 (16 - U.S.C. 1132 note; 98 Stat. 1623) (as amended by section - 3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120 - Stat. 2065) and expanded by section 20231(a)(15)); - (E) the land described in subsection (a)(6) shall - be incorporated in, and considered to be a part of, the - Yolla Bolly-Middle Eel Wilderness as designated by - section 3 of the Wilderness Act (16 U.S.C. 1132) (as - amended by section 3(4) of Public Law 109-362 (16 - U.S.C. 1132 note; 120 Stat. 2065) and expanded by - section 20231(a)(17)); and - (F) the land described in subsection (a)(7) shall - be incorporated in, and considered to be a part of, the - Yuki Wilderness as designated by section 3(3) of Public - Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2065) and - expanded by section 20231(a)(18). - (f) Report.--Within 3 years after the date of enactment of this -Act, and every 3 years thereafter until the date upon which the -potential wilderness is designated wilderness under subsection (d), the -Secretary shall submit a report to the Committee on Natural Resources -of the House of Representatives and the Committee on Energy and Natural -Resources of the Senate on the status of ecological restoration within -the potential wilderness area and the progress toward the potential -wilderness area's eventual wilderness designation under subsection (d). - -SEC. 20234. DESIGNATION OF WILD AND SCENIC RIVERS. - - Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. -1274(a)) is amended by adding at the end the following: - ``(231) South fork trinity river.--The following segments - from the source tributaries in the Yolla Bolly-Middle Eel - Wilderness, to be administered by the Secretary of Agriculture: - ``(A) The 18.3-mile segment from its multiple - source springs in the Cedar Basin of the Yolla Bolly- - Middle Eel Wilderness in section 15, T. 27 N., R. 10 W. - to .25 miles upstream of the Wild Mad Road, as a wild - river. - ``(B) The .65-mile segment from .25 miles upstream - of Wild Mad Road to the confluence with the unnamed - tributary approximately .4 miles downstream of the Wild - Mad Road in section 29, T. 28 N., R. 11 W., as a scenic - river. - ``(C) The 9.8-mile segment from .75 miles - downstream of Wild Mad Road to Silver Creek, as a wild - river. - ``(D) The 5.4-mile segment from Silver Creek - confluence to Farley Creek, as a scenic river. - ``(E) The 3.6-mile segment from Farley Creek to - Cave Creek, as a recreational river. - ``(F) The 5.6-mile segment from Cave Creek to the - confluence of the unnamed creek upstream of Hidden - Valley Ranch in section 5, T. 15, R. 7 E., as a wild - river. - ``(G) The 2.5-mile segment from unnamed creek - confluence upstream of Hidden Valley Ranch to the - confluence with the unnamed creek flowing west from - Bear Wallow Mountain in section 29, T. 1 N., R. 7 E., - as a scenic river. - ``(H) The 3.8-mile segment from the unnamed creek - confluence in section 29, T. 1 N., R. 7 E. to Plummer - Creek, as a wild river. - ``(I) The 1.8-mile segment from Plummer Creek to - the confluence with the unnamed tributary north of - McClellan Place in section 6, T. 1 N., R. 7 E., as a - scenic river. - ``(J) The 5.4-mile segment from the unnamed - tributary confluence in section 6, T. 1 N., R. 7 E. to - Hitchcock Creek, as a wild river. - ``(K) The 7-mile segment from Eltapom Creek to the - Grouse Creek, as a scenic river. - ``(L) The 5-mile segment from Grouse Creek to Coon - Creek, as a wild river. - ``(232) East fork south fork trinity river.--The following - segments to be administered by the Secretary of Agriculture: - ``(A) The 8.4-mile segment from its source in the - Pettijohn Basin in the Yolla Bolly-Middle Eel - Wilderness in section 10, T. 3 S., R. 10 W. to .25 - miles upstream of the Wild Mad Road, as a wild river. - ``(B) The 3.4-mile segment from .25 miles upstream - of the Wild Mad Road to the South Fork Trinity River, - as a recreational river. - ``(233) Rattlesnake creek.--The 5.9-mile segment from the - confluence with the unnamed tributary in the southeast corner - of section 5, T. 1 S., R. 12 W. to the South Fork Trinity - River, to be administered by the Secretary of Agriculture as a - recreational river. - ``(234) Butter creek.--The 7-mile segment from .25 miles - downstream of the Road 3N08 crossing to the South Fork Trinity - River, to be administered by the Secretary of Agriculture as a - scenic river. - ``(235) Hayfork creek.--The following segments to be - administered by the Secretary of Agriculture: - ``(A) The 3.2-mile segment from Little Creek to - Bear Creek, as a recreational river. - ``(B) The 13.2-mile segment from Bear Creek to the - northern boundary of section 19, T. 3 N., R. 7 E., as a - scenic river. - ``(236) Olsen creek.--The 2.8-mile segment from the - confluence of its source tributaries in section 5, T. 3 N., R. - 7 E. to the northern boundary of section 24, T. 3 N., R. 6 E., - to be administered by the Secretary of the Interior as a scenic - river. - ``(237) Rusch creek.--The 3.2-mile segment from .25 miles - downstream of the 32N11 Road crossing to Hayfork Creek, to be - administered by the Secretary of Agriculture as a recreational - river. - ``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn - Creek to the South Fork Trinity River, to be administered by - the Secretary of Agriculture as a wild river. - ``(239) Grouse creek.--The following segments to be - administered by the Secretary of Agriculture: - ``(A) The 3.9-mile segment from Carson Creek to Cow - Creek, as a scenic river. - ``(B) The 7.4-mile segment from Cow Creek to the - South Fork Trinity River, as a recreational river. - ``(240) Madden creek.--The following segments to be - administered by the Secretary of Agriculture: - ``(A) The 6.8-mile segment from the confluence of - Madden Creek and its unnamed tributary in section 18, - T. 5 N., R. 5 E. to Fourmile Creek, as a wild river. - ``(B) The 1.6-mile segment from Fourmile Creek to - the South Fork Trinity River, as a recreational river. - ``(241) Canyon creek.--The following segments to be - administered by the Secretary of Agriculture and the Secretary - of the Interior: - ``(A) The 6.6-mile segment from the outlet of lower - Canyon Creek Lake to Bear Creek upstream of Ripstein, - as a wild river. - ``(B) The 11.2-mile segment from Bear Creek - upstream of Ripstein to the southern boundary of - section 25, T. 34 N., R. 11 W., as a recreational - river. - ``(242) North fork trinity river.--The following segments - to be administered by the Secretary of Agriculture: - ``(A) The 12-mile segment from the confluence of - source tributaries in section 24, T. 8 N., R. 12 W. to - the Trinity Alps Wilderness boundary upstream of Hobo - Gulch, as a wild river. - ``(B) The .5-mile segment from where the river - leaves the Trinity Alps Wilderness to where it fully - reenters the Trinity Alps Wilderness downstream of Hobo - Gulch, as a scenic river. - ``(C) The 13.9-mile segment from where the river - fully reenters the Trinity Alps Wilderness downstream - of Hobo Gulch to the Trinity Alps Wilderness boundary - upstream of the County Road 421 crossing, as a wild - river. - ``(D) The 1.3-mile segment from the Trinity Alps - Wilderness boundary upstream of the County Road 421 - crossing to the Trinity River, as a recreational river. - ``(243) East fork north fork trinity river.--The following - segments to be administered by the Secretary of Agriculture: - ``(A) The 9.5-mile segment from the river's source - north of Mt. Hilton in section 19, T. 36 N., R. 10 W. - to the end of Road 35N20 approximately .5 miles - downstream of the confluence with the East Branch East - Fork North Fork Trinity River, as a wild river. - ``(B) The 3.25-mile segment from the end of Road - 35N20 to .25 miles upstream of Coleridge, as a scenic - river. - ``(C) The 4.6-mile segment from .25 miles upstream - of Coleridge to the confluence of Fox Gulch, as a - recreational river. - ``(244) New river.--The following segments to be - administered by the Secretary of Agriculture: - ``(A) The 12.7-mile segment of Virgin Creek from - its source spring in section 22, T. 9 N., R. 7 E. to - Slide Creek, as a wild river. - ``(B) The 2.3-mile segment of the New River where - it begins at the confluence of Virgin and Slide Creeks - to Barron Creek, as a wild river. - ``(245) Middle eel river.--The following segment, to be - administered by the Secretary of Agriculture: - ``(A) The 37.7-mile segment from its source in - Frying Pan Meadow to Rose Creek, as a wild river. - ``(B) The 1.5-mile segment from Rose Creek to the - Black Butte River, as a recreational river. - ``(C) The 10.5-mile segment of Balm of Gilead Creek - from its source in Hopkins Hollow to the Middle Eel - River, as a wild river. - ``(D) The 13-mile segment of the North Fork Middle - Fork Eel River from the source on Dead Puppy Ridge in - section 11, T. 26 N., R. 11 W. to the confluence of the - Middle Eel River, as a wild river. - ``(246) North fork eel river, ca.--The 14.3-mile segment - from the confluence with Gilman Creek to the Six Rivers - National Forest boundary, to be administered by the Secretary - of Agriculture as a wild river. - ``(247) Red mountain creek, ca.--The following segments to - be administered by the Secretary of Agriculture: - ``(A) The 5.25-mile segment from its source west of - Mike's Rock in section 23, T. 26 N., R. 12 E. to the - confluence with Littlefield Creek, as a wild river. - ``(B) The 1.6-mile segment from the confluence with - Littlefield Creek to the confluence with the unnamed - tributary in section 32, T. 26 N., R. 8 E., as a scenic - river. - ``(C) The 1.25-mile segment from the confluence - with the unnamed tributary in section 32, T. 4 S., R. 8 - E. to the confluence with the North Fork Eel River, as - a wild river. - ``(248) Redwood creek.--The following segments to be - administered by the Secretary of the Interior: - ``(A) The 6.2-mile segment from the confluence with - Lacks Creek to the confluence with Coyote Creek as a - scenic river on publication by the Secretary of a - notice in the Federal Register that sufficient - inholdings within the boundaries of the segments have - been acquired in fee title to establish a manageable - addition to the system. - ``(B) The 19.1-mile segment from the confluence - with Coyote Creek in section 2, T. 8 N., R. 2 E. to the - Redwood National Park boundary upstream of Orick in - section 34, T. 11 N., R. 1 E. as a scenic river. - ``(C) The 2.3-mile segment of Emerald Creek (also - known as Harry Weir Creek) from its source in section - 29, T. 10 N., R. 2 E. to the confluence with Redwood - Creek as a scenic river. - ``(249) Lacks creek.--The following segments to be - administered by the Secretary of the Interior: - ``(A) The 5.1-mile segment from the confluence with - two unnamed tributaries in section 14, T. 7 N., R. 3 E. - to Kings Crossing in section 27, T. 8 N., R. 3 E. as a - wild river. - ``(B) The 2.7-mile segment from Kings Crossing to - the confluence with Redwood Creek as a scenic river - upon publication by the Secretary of a notice in the - Federal Register that sufficient inholdings within the - segment have been acquired in fee title or as scenic - easements to establish a manageable addition to the - system. - ``(250) Lost man creek.--The following segments to be - administered by the Secretary of the Interior: - ``(A) The 6.4-mile segment of Lost Man Creek from - its source in section 5, T. 10 N., R. 2 E. to .25 miles - upstream of the Prairie Creek confluence, as a - recreational river. - ``(B) The 2.3-mile segment of Larry Damm Creek from - its source in section 8, T. 11 N., R. 2 E. to the - confluence with Lost Man Creek, as a recreational - river. - ``(251) Little lost man creek.--The 3.6-mile segment of - Little Lost Man Creek from its source in section 6, T. 10 N., - R. 2 E. to .25 miles upstream of the Lost Man Creek road - crossing, to be administered by the Secretary of the Interior - as a wild river. - ``(252) South fork elk river.--The following segments to be - administered by the Secretary of the Interior through a - cooperative management agreement with the State of California: - ``(A) The 3.6-mile segment of the Little South Fork - Elk River from the source in section 21, T. 3 N., R. 1 - E. to the confluence with the South Fork Elk River, as - a wild river. - ``(B) The 2.2-mile segment of the unnamed tributary - of the Little South Fork Elk River from its source in - section 15, T. 3 N., R. 1 E. to the confluence with the - Little South Fork Elk River, as a wild river. - ``(C) The 3.6-mile segment of the South Fork Elk - River from the confluence of the Little South Fork Elk - River to the confluence with Tom Gulch, as a - recreational river. - ``(253) Salmon creek.--The 4.6-mile segment from its source - in section 27, T. 3 N., R. 1 E. to the Headwaters Forest - Reserve boundary in section 18, T. 3 N., R. 1 E. to be - administered by the Secretary of the Interior as a wild river - through a cooperative management agreement with the State of - California. - ``(254) South fork eel river.--The following segments to be - administered by the Secretary of the Interior: - ``(A) The 6.2-mile segment from the confluence with - Jack of Hearts Creek to the southern boundary of the - South Fork Eel Wilderness in section 8, T. 22 N., R. 16 - W., as a recreational river to be administered by the - Secretary through a cooperative management agreement - with the State of California. - ``(B) The 6.1-mile segment from the southern - boundary of the South Fork Eel Wilderness to the - northern boundary of the South Fork Eel Wilderness in - section 29, T. 23 N., R. 16 W., as a wild river. - ``(255) Elder creek.--The following segments to be - administered by the Secretary of the Interior through a - cooperative management agreement with the State of California: - ``(A) The 3.6-mile segment from its source north of - Signal Peak in section 6, T. 21 N., R. 15 W. to the - confluence with the unnamed tributary near the center - of section 28, T. 22 N., R. 16 W., as a wild river. - ``(B) The 1.3-mile segment from the confluence with - the unnamed tributary near the center of section 28, T. - 22 N., R. 15 W. to the confluence with the South Fork - Eel River, as a recreational river. - ``(C) The 2.1-mile segment of Paralyze Canyon from - its source south of Signal Peak in section 7, T. 21 N., - R. 15 W. to the confluence with Elder Creek, as a wild - river. - ``(256) Cedar creek.--The following segments to be - administered as a wild river by the Secretary of the Interior: - ``(A) The 7.7-mile segment from its source in - section 22, T. 24 N., R. 16 W. to the southern boundary - of the Red Mountain unit of the South Fork Eel - Wilderness. - ``(B) The 1.9-mile segment of North Fork Cedar - Creek from its source in section 28, T. 24 N., R. 16 E. - to the confluence with Cedar Creek. - ``(257) East branch south fork eel river.--The following - segments to be administered by the Secretary of the Interior as - a scenic river on publication by the Secretary of a notice in - the Federal Register that sufficient inholdings within the - boundaries of the segments have been acquired in fee title or - as scenic easements to establish a manageable addition to the - system: - ``(A) The 2.3-mile segment of Cruso Cabin Creek - from the confluence of two unnamed tributaries in - section 18, T. 24 N., R. 15 W. to the confluence with - Elkhorn Creek. - ``(B) The 1.8-mile segment of Elkhorn Creek from - the confluence of two unnamed tributaries in section - 22, T. 24 N., R. 16 W. to the confluence with Cruso - Cabin Creek. - ``(C) The 14.2-mile segment of the East Branch - South Fork Eel River from the confluence of Cruso Cabin - and Elkhorn Creeks to the confluence with Rays Creek. - ``(D) The 1.7-mile segment of the unnamed tributary - from its source on the north flank of Red Mountain's - north ridge in section 2, T. 24 N., R. 17 W. to the - confluence with the East Branch South Fork Eel River. - ``(E) The 1.3-mile segment of the unnamed tributary - from its source on the north flank of Red Mountain's - north ridge in section 1, T. 24 N., R. 17 W. to the - confluence with the East Branch South Fork Eel River. - ``(F) The 1.8-mile segment of Tom Long Creek from - the confluence with the unnamed tributary in section - 12, T. 5 S., R. 4 E. to the confluence with the East - Branch South Fork Eel River. - ``(258) Mattole river estuary.--The 1.5-mile segment from - the confluence of Stansberry Creek to the Pacific Ocean, to be - administered as a recreational river by the Secretary of the - Interior. - ``(259) Honeydew creek.--The following segments to be - administered as a wild river by the Secretary of the Interior: - ``(A) The 5.1-mile segment of Honeydew Creek from - its source in the southwest corner of section 25, T. 3 - S., R. 1 W. to the eastern boundary of the King Range - National Conservation Area in section 18, T. 3 S., R. 1 - E. - ``(B) The 2.8-mile segment of West Fork Honeydew - Creek from its source west of North Slide Peak to the - confluence with Honeydew Creek. - ``(C) The 2.7-mile segment of Upper East Fork - Honeydew Creek from its source in section 23, T. 3 S., - R. 1 W. to the confluence with Honeydew Creek. - ``(260) Bear creek.--The following segments to be - administered by the Secretary of the Interior: - ``(A) The 1.9-mile segment of North Fork Bear Creek - from the confluence with the unnamed tributary - immediately downstream of the Horse Mountain Road - crossing to the confluence with the South Fork, as a - scenic river. - ``(B) The 6.1-mile segment of South Fork Bear Creek - from the confluence in section 2, T. 5 S., R. 1 W. with - the unnamed tributary flowing from the southwest flank - of Queen Peak to the confluence with the North Fork, as - a scenic river. - ``(C) The 3-mile segment of Bear Creek from the - confluence of the North and South Forks to the southern - boundary of section 11, T. 4 S., R. 1 E., as a wild - river. - ``(261) Gitchell creek.--The 3-mile segment of Gitchell - Creek from its source near Saddle Mountain to the Pacific Ocean - to be administered by the Secretary of the Interior as a wild - river. - ``(262) Big flat creek.--The following segments to be - administered by the Secretary of the Interior as a wild river: - ``(A) The 4-mile segment of Big Flat Creek from its - source near King Peak in section 36, T. 3 S., R. 1 W. - to the Pacific Ocean. - ``(B) The .8-mile segment of the unnamed tributary - from its source in section 35, T. 3 S., R. 1 W. to the - confluence with Big Flat Creek. - ``(C) The 2.7-mile segment of North Fork Big Flat - Creek from the source in section 34, T. 3 S., R. 1 W. - to the confluence with Big Flat Creek. - ``(263) Big creek.--The following segments to be - administered by the Secretary of the Interior as wild rivers: - ``(A) The 2.7-mile segment of Big Creek from its - source in section 26, T. 3 S., R. 1 W. to the Pacific - Ocean. - ``(B) The 1.9-mile unnamed southern tributary from - its source in section 25, T. 3 S., R. 1 W. to the - confluence with Big Creek. - ``(264) Elk creek.--The 11.4-mile segment from its - confluence with Lookout Creek to its confluence with Deep Hole - Creek, to be jointly administered by the Secretaries of - Agriculture and the Interior, as a wild river. - ``(265) Eden creek.--The 2.7-mile segment from the private - property boundary in the northwest quarter of section 27, T. 21 - N., R. 12 W. to the eastern boundary of section 23, T. 21 N., - R. 12 W., to be administered by the Secretary of the Interior - as a wild river. - ``(266) Deep hole creek.--The 4.3-mile segment from the - private property boundary in the southwest quarter of section - 13, T. 20 N., R. 12 W. to the confluence with Elk Creek, to be - administered by the Secretary of the Interior as a wild river. - ``(267) Indian creek.--The 3.3-mile segment from 300 feet - downstream of the jeep trail in section 13, T. 20 N., R. 13 W. - to the confluence with the Eel River, to be administered by the - Secretary of the Interior as a wild river. - ``(268) Fish creek.--The 4.2-mile segment from the source - at Buckhorn Spring to the confluence with the Eel River, to be - administered by the Secretary of the Interior as a wild - river.''. - -SEC. 20235. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA. - - (a) Establishment.--Subject to valid existing rights, there is -established the Sanhedrin Special Conservation Management Area -(referred to in this section as the ``conservation management area''), -comprising approximately 14,177 acres of Federal land administered by -the Forest Service in Mendocino County, California, as generally -depicted on the map entitled ``Sanhedrin Special Conservation -Management Area--Proposed'' and dated April 12, 2017. - (b) Purposes.--The purposes of the conservation management area are -to-- - (1) conserve, protect, and enhance for the benefit and - enjoyment of present and future generations the ecological, - scenic, wildlife, recreational, roadless, cultural, historical, - natural, educational, and scientific resources of the - conservation management area; - (2) protect and restore late-successional forest structure, - oak woodlands and grasslands, aquatic habitat, and anadromous - fisheries within the conservation management area; - (3) protect and restore the wilderness character of the - conservation management area; and - (4) allow visitors to enjoy the scenic, natural, cultural, - and wildlife values of the conservation management area. - (c) Management.-- - (1) In general.--The Secretary shall manage the - conservation management area-- - (A) in a manner consistent with the purposes - described in subsection (b); and - (B) in accordance with-- - (i) the laws (including regulations) - generally applicable to the National Forest - System; - (ii) this section; and - (iii) any other applicable law (including - regulations). - (2) Uses.--The Secretary shall only allow uses of the - conservation management area that the Secretary determines - would further the purposes described in subsection (b). - (d) Motorized Vehicles.-- - (1) In general.--Except as provided in paragraph (3), the - use of motorized vehicles in the conservation management area - shall be permitted only on existing roads, trails, and areas - designated for use by such vehicles as of the date of enactment - of this Act. - (2) New or temporary roads.--Except as provided in - paragraph (3), no new or temporary roads shall be constructed - within the conservation management area. - (3) Exception.--Nothing in paragraph (1) or (2) prevents - the Secretary from-- - (A) rerouting or closing an existing road or trail - to protect natural resources from degradation, or to - protect public safety, as determined to be appropriate - by the Secretary; - (B) designating routes of travel on lands acquired - by the Secretary and incorporated into the conservation - management area if the designations are-- - (i) consistent with the purposes described - in subsection (b); and - (ii) completed, to the maximum extent - practicable, within 3 years of the date of - acquisition; - (C) constructing a temporary road on which - motorized vehicles are permitted as part of a - vegetation management project carried out in accordance - with subsection (e); - (D) authorizing the use of motorized vehicles for - administrative purposes; or - (E) responding to an emergency. - (4) Decommissioning of temporary roads.-- - (A) Requirement.--The Secretary shall decommission - any temporary road constructed under paragraph (3)(C) - not later than 3 years after the date on which the - applicable vegetation management project is completed. - (B) Definition.--As used in subparagraph (A), the - term ``decommission'' means-- - (i) to reestablish vegetation on a road; - and - (ii) to restore any natural drainage, - watershed function, or other ecological - processes that are disrupted or adversely - impacted by the road by removing or - hydrologically disconnecting the road prism. - (e) Timber Harvest.-- - (1) In general.--Except as provided in paragraph (2), no - harvesting of timber shall be allowed within the conservation - management area. - (2) Exceptions.--The Secretary may authorize harvesting of - timber in the conservation management area-- - (A) if the Secretary determines that the harvesting - is necessary to further the purposes of the - conservation management area; - (B) in a manner consistent with the purposes - described in subsection (b); and - (C) subject to-- - (i) such reasonable regulations, policies, - and practices as the Secretary determines - appropriate; and - (ii) all applicable laws (including - regulations). - (f) Grazing.--The grazing of livestock in the conservation -management area, where established before the date of enactment of this -Act, shall be permitted to continue-- - (1) subject to-- - (A) such reasonable regulations, policies, and - practices as the Secretary considers necessary; and - (B) applicable law (including regulations); and - (2) in a manner consistent with the purposes described in - subsection (b). - (g) Wildfire, Insect, and Disease Management.--Consistent with this -section, the Secretary may take any measures within the conservation -management area that the Secretary determines to be necessary to -control fire, insects, and diseases, including the coordination of -those activities with a State or local agency. - (h) Acquisition and Incorporation of Land and Interests in Land.-- - (1) Acquisition authority.--In accordance with applicable - laws (including regulations), the Secretary may acquire any - land or interest in land within or adjacent to the boundaries - of the conservation management area by purchase from willing - sellers, donation, or exchange. - (2) Incorporation.--Any land or interest in land acquired - by the Secretary under paragraph (1) shall be-- - (A) incorporated into, and administered as part of, - the conservation management area; and - (B) withdrawn in accordance with subsection (i). - (i) Withdrawal.--Subject to valid existing rights, all Federal land -located in the conservation management area is withdrawn from-- - (1) all forms of entry, appropriation, and disposal under - the public land laws; - (2) location, entry, and patenting under the mining laws; - and - (3) operation of the mineral leasing, mineral materials, - and geothermal leasing laws. - - Subtitle D--Miscellaneous - -SEC. 20241. MAPS AND LEGAL DESCRIPTIONS. - - (a) In General.--As soon as practicable after the date of enactment -of this Act, the Secretary shall prepare maps and legal descriptions of -the-- - (1) wilderness areas and wilderness additions designated by - section 20231; - (2) potential wilderness areas designated by section 20233; - (3) South Fork Trinity-Mad River Restoration Area; - (4) Horse Mountain Special Management Area; and - (5) Sanhedrin Special Conservation Management Area. - (b) Submission of Maps and Legal Descriptions.--The Secretary shall -file the maps and legal descriptions prepared under subsection (a) -with-- - (1) the Committee on Natural Resources of the House of - Representatives; and - (2) the Committee on Energy and Natural Resources of the - Senate. - (c) Force of Law.--The maps and legal descriptions prepared under -subsection (a) shall have the same force and effect as if included in -this title, except that the Secretary may correct any clerical and -typographical errors in the maps and legal descriptions. - (d) Public Availability.--The maps and legal descriptions prepared -under subsection (a) shall be on file and available for public -inspection in the appropriate offices of the Forest Service, Bureau of -Land Management, and National Park Service. - -SEC. 20242. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS. - - As soon as practicable, in accordance with applicable laws -(including regulations), the Secretary shall incorporate the -designations and studies required by this title into updated management -plans for units covered by this title. - -SEC. 20243. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES AND - RIGHTS-OF-WAY. - - (a) Effect of Act.--Nothing in this title-- - (1) affects any validly issued right-of-way for the - customary operation, maintenance, upgrade, repair, relocation - within an existing right-of-way, replacement, or other - authorized activity (including the use of any mechanized - vehicle, helicopter, and other aerial device) in a right-of-way - acquired by or issued, granted, or permitted to Pacific Gas and - Electric Company (including any predecessor or successor in - interest or assign) that is located on land included in the - South Fork Trinity--Mad River Restoration Area, Bigfoot - National Recreation Trail, Sanhedrin Special Conservation - Management Area, and Horse Mountain Special Management Area; or - (2) prohibits the upgrading or replacement of any-- - (A) utility facilities of the Pacific Gas and - Electric Company, including those utility facilities - known on the date of enactment of this Act within the-- - (i) South Fork Trinity--Mad River - Restoration Area known as-- - (I) Gas Transmission Line 177A or - rights-of-way; - (II) Gas Transmission Line DFM - 1312-02 or rights-of-way; - (III) Electric Transmission Line - Bridgeville--Cottonwood 115 kV or - rights-of-way; - (IV) Electric Transmission Line - Humboldt--Trinity 60 kV or rights-of- - way; - (V) Electric Transmission Line - Humboldt--Trinity 115 kV or rights-of- - way; - (VI) Electric Transmission Line - Maple Creek--Hoopa 60 kV or rights-of- - way; - (VII) Electric Distribution Line-- - Willow Creek 1101 12 kV or rights-of- - way; - (VIII) Electric Distribution Line-- - Willow Creek 1103 12 kV or rights-of- - way; - (IX) Electric Distribution Line-- - Low Gap 1101 12 kV or rights-of-way; - (X) Electric Distribution Line-- - Fort Seward 1121 12 kV or rights-of- - way; - (XI) Forest Glen Border District - Regulator Station or rights-of-way; - (XII) Durret District Gas Regulator - Station or rights-of-way; - (XIII) Gas Distribution Line 4269C - or rights-of-way; - (XIV) Gas Distribution Line 43991 - or rights-of-way; - (XV) Gas Distribution Line 4993D or - rights-of-way; - (XVI) Sportsmans Club District Gas - Regulator Station or rights-of-way; - (XVII) Highway 36 and Zenia - District Gas Regulator Station or - rights-of-way; - (XVIII) Dinsmore Lodge 2nd Stage - Gas Regulator Station or rights-of-way; - (XIX) Electric Distribution Line-- - Wildwood 1101 12kV or rights-of-way; - (XX) Low Gap Substation; - (XXI) Hyampom Switching Station; or - (XXII) Wildwood Substation; - (ii) Bigfoot National Recreation Trail - known as-- - (I) Gas Transmission Line 177A or - rights-of-way; - (II) Electric Transmission Line - Humboldt--Trinity 115 kV or rights-of- - way; - (III) Electric Transmission Line - Bridgeville--Cottonwood 115 kV or - rights-of-way; or - (IV) Electric Transmission Line - Humboldt--Trinity 60 kV or rights-of- - way; - (iii) Sanhedrin Special Conservation - Management Area known as, Electric Distribution - Line--Willits 1103 12 kV or rights-of-way; or - (iv) Horse Mountain Special Management Area - known as, Electric Distribution Line Willow - Creek 1101 12 kV or rights-of-way; or - (B) utility facilities of the Pacific Gas and - Electric Company in rights-of-way issued, granted, or - permitted by the Secretary adjacent to a utility - facility referred to in paragraph (1). - (b) Plans for Access.--Not later than 1 year after the date of -enactment of this subtitle or the issuance of a new utility facility -right-of-way within the South Fork Trinity--Mad River Restoration Area, -Bigfoot National Recreation Trail, Sanhedrin Special Conservation -Management Area, and Horse Mountain Special Management Area, whichever -is later, the Secretary, in consultation with the Pacific Gas and -Electric Company, shall publish plans for regular and emergency access -by the Pacific Gas and Electric Company to the rights-of-way of the -Pacific Gas and Electric Company. - - TITLE III--CENTRAL COAST HERITAGE PROTECTION - -SEC. 20301. SHORT TITLE. - - This title may be cited as the ``Central Coast Heritage Protection -Act''. + (iv) additional authorities needed to enhance the + effectiveness of the Multilateral Telecommunications + Security Fund in achieving the security goals of the United + States. + (D) Notifications to be provided by the fund.-- + (i) In general.--Not later than 15 days prior to the + Fund making a financial commitment associated with the + provision of expenditures under subparagraph (A)(ii) in an + amount in excess of $1,000,000, the Secretary of State + shall submit to the appropriate congressional committees a + report in writing that contains the information required by + clause (ii). + (ii) Information required.--The information required by + this clause includes-- + + (I) the amount of each such expenditure; + (II) an identification of the recipient or + beneficiary; and + (III) a description of the project or activity and + the purpose to be achieved of an expenditure by the + Fund. -SEC. 20302. DEFINITIONS. + (iii) Arrangements or agreements.--The Secretary of + State shall notify the appropriate congressional committees + not later than 30 days after entering into a new bilateral + or multilateral arrangement or agreement described in + subparagraph (A)(iii)(I)(bb). + (iv) Appropriate congressional committees defined.--In + this subparagraph, the term ``appropriate congressional + committees'' means-- - In this title: - (1) Scenic areas.--The term ``scenic area'' means a scenic - area designated by section 20308(a). - (2) Secretary.--The term ``Secretary'' means-- - (A) with respect to land managed by the Bureau of - Land Management, the Secretary of the Interior; and - (B) with respect to land managed by the Forest - Service, the Secretary of Agriculture. - (3) State.--The term ``State'' means the State of - California. - (4) Wilderness area.--The term ``wilderness area'' means a - wilderness area or wilderness addition designated by section - 20303(a). - -SEC. 20303. DESIGNATION OF WILDERNESS. - - (a) In General.--In accordance with the Wilderness Act (16 U.S.C. -1131 et seq.), the following areas in the State are designated as -wilderness areas and as components of the National Wilderness -Preservation System: - (1) Certain land in the Bakersfield Field Office of the - Bureau of Land Management comprising approximately 35,116 - acres, as generally depicted on the map entitled ``Proposed - Caliente Mountain Wilderness'' and dated November 13, 2019, - which shall be known as the ``Caliente Mountain Wilderness''. - (2) Certain land in the Bakersfield Field Office of the - Bureau of Land Management comprising approximately 13,332 - acres, as generally depicted on the map entitled ``Proposed - Soda Lake Wilderness'' and dated June 25, 2019, which shall be - known as the ``Soda Lake Wilderness''. - (3) Certain land in the Bakersfield Field Office of the - Bureau of Land Management comprising approximately 12,585 - acres, as generally depicted on the map entitled ``Proposed - Temblor Range Wilderness'' and dated June 25, 2019, which shall - be known as the ``Temblor Range Wilderness''. - (4) Certain land in the Los Padres National Forest - comprising approximately 23,670 acres, as generally depicted on - the map entitled ``Chumash Wilderness Area Additions-- - Proposed'' and dated March 29, 2019, which shall be - incorporated into and managed as part of the Chumash Wilderness - as designated by the Los Padres Condor Range and River - Protection Act (Public Law 102-301; 106 Stat. 242). - (5) Certain land in the Los Padres National Forest - comprising approximately 54,036 acres, as generally depicted on - the maps entitled ``Dick Smith Wilderness Area Additions-- - Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and - ``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2 - (Buckhorn and Mono Units)'' and dated November 14, 2019, which - shall be incorporated into and managed as part of the Dick - Smith Wilderness as designated by the California Wilderness Act - of 1984 (Public Law 98-425; 16 U.S.C. 1132 note). - (6) Certain land in the Los Padres National Forest and the - Bakersfield Field Office of the Bureau of Land Management - comprising approximately 7,289 acres, as generally depicted on - the map entitled ``Garcia Wilderness Area Additions--Proposed'' - and dated March 29, 2019, which shall be incorporated into and - managed as part of the Garcia Wilderness as designated by the - Los Padres Condor Range and River Protection Act (Public Law - 102-301; 106 Stat. 242). - (7) Certain land in the Los Padres National Forest and the - Bakersfield Field Office of the Bureau of Land Management - comprising approximately 8,774 acres, as generally depicted on - the map entitled ``Machesna Mountain Wilderness--Proposed - Additions'' and dated October 30, 2019, which shall be - incorporated into and managed as part of the Machesna Mountain - Wilderness as designated by the California Wilderness Act of - 1984 (Public Law 98-425; 16 U.S.C. 1132 note). - (8) Certain land in the Los Padres National Forest - comprising approximately 30,184 acres, as generally depicted on - the map entitled ``Matilija Wilderness Area Additions-- - Proposed'' and dated March 29, 2019, which shall be - incorporated into and managed as part of the Matilija - Wilderness as designated by the Los Padres Condor Range and - River Protection Act (Public Law 102-301; 106 Stat. 242). - (9) Certain land in the Los Padres National Forest - comprising approximately 23,969 acres, as generally depicted on - the map entitled ``San Rafael Wilderness Area Additions-- - Proposed'' and dated March 29, 2019, which shall be - incorporated into and managed as part of the San Rafael - Wilderness as designated by Public Law 90-271 (82 Stat. 51), - the California Wilderness Act of 1984 (Public Law 98-425; 16 - U.S.C. 1132 note), and the Los Padres Condor Range and River - Protection Act (Public Law 102-301; 106 Stat. 242). - (10) Certain land in the Los Padres National Forest - comprising approximately 2,921 acres, as generally depicted on - the map entitled ``Santa Lucia Wilderness Area Additions-- - Proposed'' and dated March 29, 2019, which shall be - incorporated into and managed as part of the Santa Lucia - Wilderness as designated by the Endangered American Wilderness - Act of 1978 (Public Law 95-237; 16 U.S.C. 1132 note). - (11) Certain land in the Los Padres National Forest - comprising approximately 14,313 acres, as generally depicted on - the map entitled ``Sespe Wilderness Area Additions--Proposed'' - and dated March 29, 2019, which shall be incorporated into and - managed as part of the Sespe Wilderness as designated by the - Los Padres Condor Range and River Protection Act (Public Law - 102-301; 106 Stat. 242). - (12) Certain land in the Los Padres National Forest - comprising approximately 17,870 acres, as generally depicted on - the map entitled ``Diablo Caliente Wilderness Area--Proposed'' - and dated March 29, 2019, which shall be known as the ``Diablo - Caliente Wilderness''. - (b) Maps and Legal Descriptions.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall file maps and legal - descriptions of the wilderness areas with-- - (A) the Committee on Energy and Natural Resources - of the Senate; and - (B) the Committee on Natural Resources of the House - of Representatives. - (2) Force of law.--The maps and legal descriptions filed - under paragraph (1) shall have the same force and effect as if - included in this title, except that the Secretary may correct - any clerical and typographical errors in the maps and legal - descriptions. - (3) Public availability.--The maps and legal descriptions - filed under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the Forest - Service and Bureau of Land Management. - -SEC. 20304. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL WILDERNESS. - - (a) Designation.--In furtherance of the purposes of the Wilderness -Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National -Forest comprising approximately 2,359 acres, as generally depicted on -the map entitled ``Machesna Mountain Potential Wilderness'' and dated -March 29, 2019, is designated as the Machesna Mountain Potential -Wilderness Area. - (b) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall file a map and legal - description of the Machesna Mountain Potential Wilderness Area - (referred to in this section as the ``potential wilderness - area'') with-- - (A) the Committee on Energy and Natural Resources - of the Senate; and - (B) the Committee on Natural Resources of the House - of Representatives. - (2) Force of law.--The map and legal description filed - under paragraph (1) shall have the same force and effect as if - included in this title, except that the Secretary may correct - any clerical and typographical errors in the map and legal - description. - (3) Public availability.--The map and legal description - filed under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the Forest - Service. - (c) Management.--Except as provided in subsection (d) and subject -to valid existing rights, the Secretary shall manage the potential -wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 -et seq.). - (d) Trail Use, Construction, Reconstruction, and Realignment.-- - (1) In general.--In accordance with paragraph (2), the - Secretary may reconstruct, realign, or reroute the Pine - Mountain Trail. - (2) Requirement.--In carrying out the reconstruction, - realignment, or rerouting under paragraph (1), the Secretary - shall-- - (A) comply with all existing laws (including - regulations); and - (B) to the maximum extent practicable, use the - minimum tool or administrative practice necessary to - accomplish the reconstruction, realignment, or - rerouting with the least amount of adverse impact on - wilderness character and resources. - (3) Motorized vehicles and machinery.--In accordance with - paragraph (2), the Secretary may use motorized vehicles and - machinery to carry out the trail reconstruction, realignment, - or rerouting authorized by this subsection. - (4) Motorized and mechanized vehicles.--The Secretary may - permit the use of motorized and mechanized vehicles on the - existing Pine Mountain Trail in accordance with existing law - (including regulations) and this subsection until such date as - the potential wilderness area is designated as wilderness in - accordance with subsection (h). - (e) Withdrawal.--Subject to valid existing rights, the Federal land -in the potential wilderness area is withdrawn from all forms of-- - (1) entry, appropriation, or disposal under the public land - laws; - (2) location, entry, and patent under the mining laws; and - (3) disposition under all laws pertaining to mineral and - geothermal leasing or mineral materials. - (f) Cooperative Agreements.--In carrying out this section, the -Secretary may enter into cooperative agreements with State, Tribal, and -local governmental entities and private entities to complete the trail -reconstruction, realignment, or rerouting authorized by subsection (d). - (g) Boundaries.--The Secretary shall modify the boundary of the -potential wilderness area to exclude any area within 150 feet of the -centerline of the new location of any trail that has been -reconstructed, realigned, or rerouted under subsection (d). - (h) Wilderness Designation.-- - (1) In general.--The potential wilderness area, as modified - under subsection (g), shall be designated as wilderness and as - a component of the National Wilderness Preservation System on - the earlier of-- - (A) the date on which the Secretary publishes in - the Federal Register notice that the trail - reconstruction, realignment, or rerouting authorized by - subsection (d) has been completed; or - (B) the date that is 20 years after the date of - enactment of this Act. - (2) Administration of wilderness.--On designation as - wilderness under this section, the potential wilderness area - shall be-- - (A) incorporated into the Machesna Mountain - Wilderness Area, as designated by the California - Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. - 1132 note) and expanded by section 20303; and - (B) administered in accordance with section 305 and - the Wilderness Act (16 U.S.C. 1131 et seq.). - -SEC. 20305. ADMINISTRATION OF WILDERNESS. - - (a) In General.--Subject to valid existing rights, the wilderness -areas shall be administered by the Secretary in accordance with this -title and the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- - (1) any reference in the Wilderness Act (16 U.S.C. 1131 et - seq.) to the effective date of that Act shall be considered to - be a reference to the date of enactment of this Act; and - (2) any reference in the Wilderness Act (16 U.S.C. 1131 et - seq.) to the Secretary of Agriculture shall be considered to be - a reference to the Secretary that has jurisdiction over the - wilderness area. - (b) Fire Management and Related Activities.-- - (1) In general.--The Secretary may take any measures in a - wilderness area as are necessary for the control of fire, - insects, and diseases in accordance with section 4(d)(1) of the - Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of - the 98th Congress. - (2) Funding priorities.--Nothing in this title limits - funding for fire and fuels management in the wilderness areas. - (3) Revision and development of local fire management - plans.--As soon as practicable after the date of enactment of - this Act, the Secretary shall amend the local information in - the Fire Management Reference System or individual operational - plans that apply to the land designated as a wilderness area. - (4) Administration.--Consistent with paragraph (1) and - other applicable Federal law, to ensure a timely and efficient - response to fire emergencies in the wilderness areas, the - Secretary shall enter into agreements with appropriate State or - local firefighting agencies. - (c) Grazing.--The grazing of livestock in the wilderness areas, if -established before the date of enactment of this Act, shall be -permitted to continue, subject to any reasonable regulations as the -Secretary considers necessary in accordance with-- - (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. - 1133(d)(4)); - (2) the guidelines set forth in Appendix A of House Report - 101-405, accompanying H.R. 2570 of the 101st Congress for land - under the jurisdiction of the Secretary of the Interior; - (3) the guidelines set forth in House Report 96-617, - accompanying H.R. 5487 of the 96th Congress for land under the - jurisdiction of the Secretary of Agriculture; and - (4) all other laws governing livestock grazing on Federal - public land. - (d) Fish and Wildlife.-- - (1) In general.--In accordance with section 4(d)(7) of the - Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title - affects the jurisdiction or responsibilities of the State with - respect to fish and wildlife on public land in the State. - (2) Management activities.--In furtherance of the purposes - and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), - the Secretary may conduct any management activities that are - necessary to maintain or restore fish and wildlife populations - and habitats in the wilderness areas, if the management - activities are-- - (A) consistent with relevant wilderness management - plans; - (B) conducted in accordance with appropriate - policies, such as the policies established in Appendix - B of House Report 101-405; and - (C) in accordance with memoranda of understanding - between the Federal agencies and the State Department - of Fish and Wildlife. - (e) Buffer Zones.-- - (1) In general.--Congress does not intend for the - designation of wilderness areas by this title to lead to the - creation of protective perimeters or buffer zones around each - wilderness area. - (2) Activities or uses up to boundaries.--The fact that - nonwilderness activities or uses can be seen or heard from - within a wilderness area shall not, of itself, preclude the - activities or uses up to the boundary of the wilderness area. - (f) Military Activities.--Nothing in this title precludes-- - (1) low-level overflights of military aircraft over the - wilderness areas; - (2) the designation of new units of special airspace over - the wilderness areas; or - (3) the use or establishment of military flight training - routes over wilderness areas. - (g) Horses.--Nothing in this title precludes horseback riding in, -or the entry of recreational saddle or pack stock into, a wilderness -area-- - (1) in accordance with section 4(d)(5) of the Wilderness - Act (16 U.S.C. 1133(d)(5)); and - (2) subject to any terms and conditions determined to be - necessary by the Secretary. - (h) Withdrawal.--Subject to valid existing rights, the wilderness -areas are withdrawn from-- - (1) all forms of entry, appropriation, and disposal under - the public land laws; - (2) location, entry, and patent under the mining laws; and - (3) disposition under all laws pertaining to mineral and - geothermal leasing or mineral materials. - (i) Incorporation of Acquired Land and Interests.--Any land within -the boundary of a wilderness area that is acquired by the United States -shall-- - (1) become part of the wilderness area in which the land is - located; and - (2) be managed in accordance with-- - (A) this section; - (B) the Wilderness Act (16 U.S.C. 1131 et seq.); - and - (C) any other applicable law. - (j) Climatological Data Collection.--In accordance with the -Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms and -conditions as the Secretary may prescribe, the Secretary may authorize -the installation and maintenance of hydrologic, meteorologic, or -climatological collection devices in the wilderness areas if the -Secretary determines that the facilities and access to the facilities -are essential to flood warning, flood control, or water reservoir -operation activities. - -SEC. 20306. DESIGNATION OF WILD AND SCENIC RIVERS. - - (a) Indian Creek, Mono Creek, and Matilija Creek, California.-- -Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. -1274(a)) is amended by adding at the end the following: - ``(231) Indian creek, california.--The following segments - of Indian Creek in the State of California, to be administered - by the Secretary of Agriculture: - ``(A) The 9.5-mile segment of Indian Creek from its - source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith - Wilderness boundary, as a wild river. - ``(B) The 1-mile segment of Indian Creek from the - Dick Smith Wilderness boundary to 0.25 miles downstream - of Road 6N24, as a scenic river. - ``(C) The 3.9-mile segment of Indian Creek from - 0.25 miles downstream of Road 6N24 to the southern - boundary of sec. 32, T. 6 N., R. 26 W., as a wild - river. - ``(232) Mono creek, california.--The following segments of - Mono Creek in the State of California, to be administered by - the Secretary of Agriculture: - ``(A) The 4.2-mile segment of Mono Creek from its - source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles - upstream of Don Victor Fire Road in sec. 28, T. 7 N., - R. 25 W., as a wild river. - ``(B) The 2.1-mile segment of Mono Creek from 0.25 - miles upstream of the Don Victor Fire Road in sec. 28, - T. 7 N., R. 25 W., to 0.25 miles downstream of Don - Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a - recreational river. - ``(C) The 14.7-mile segment of Mono Creek from 0.25 - miles downstream of Don Victor Fire Road in sec. 34, T. - 7 N., R. 25 W., to the Ogilvy Ranch private property - boundary in sec. 22, T. 6 N., R. 26 W., as a wild - river. - ``(D) The 3.5-mile segment of Mono Creek from the - Ogilvy Ranch private property boundary to the southern - boundary of sec. 33, T. 6 N., R. 26 W., as a - recreational river. - ``(233) Matilija creek, california.--The following segments - of Matilija Creek in the State of California, to be - administered by the Secretary of Agriculture: - ``(A) The 7.2-mile segment of the Matilija Creek - from its source in sec. 25, T. 6 N., R. 25 W., to the - private property boundary in sec. 9, T. 5 N., R. 24 W., - as a wild river. - ``(B) The 7.25-mile segment of the Upper North Fork - Matilija Creek from its source in sec. 36, T. 6 N., R. - 24 W., to the Matilija Wilderness boundary, as a wild - river.''. - (b) Sespe Creek, California.--Section 3(a) of the National Wild and -Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph -(142) and inserting the following: - ``(142) Sespe creek, california.--The following segments of - Sespe Creek in the State of California, to be administered by - the Secretary of Agriculture: - ``(A) The 2.7-mile segment of Sespe Creek from the - private property boundary in sec. 10, T. 6 N., R. 24 - W., to the Hartman Ranch private property boundary in - sec. 14, T. 6 N., R. 24 W., as a wild river. - ``(B) The 15-mile segment of Sespe Creek from the - Hartman Ranch private property boundary in sec. 14, T. - 6 N., R. 24 W., to the western boundary of sec. 6, T. 5 - N., R. 22 W., as a recreational river. - ``(C) The 6.1-mile segment of Sespe Creek from the - western boundary of sec. 6, T. 5 N., R. 22 W., to the - confluence with Trout Creek, as a scenic river. - ``(D) The 28.6-mile segment of Sespe Creek from the - confluence with Trout Creek to the southern boundary of - sec. 35, T. 5 N., R. 20 W., as a wild river.''. - (c) Sisquoc River, California.--Section 3(a) of the National Wild -and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking -paragraph (143) and inserting the following: - ``(143) Sisquoc river, california.--The following segments - of the Sisquoc River and its tributaries in the State of - California, to be administered by the Secretary of Agriculture: - ``(A) The 33-mile segment of the main stem of the - Sisquoc River extending from its origin downstream to - the Los Padres Forest boundary, as a wild river. - ``(B) The 4.2-mile segment of the South Fork - Sisquoc River from its source northeast of San Rafael - Mountain in sec. 2, T. 7 N., R. 28 W., to its - confluence with the Sisquoc River, as a wild river. - ``(C) The 10.4-mile segment of Manzana Creek from - its source west of San Rafael Peak in sec. 4, T. 7 N., - R. 28 W., to the San Rafael Wilderness boundary - upstream of Nira Campground, as a wild river. - ``(D) The 0.6-mile segment of Manzana Creek from - the San Rafael Wilderness boundary upstream of the Nira - Campground to the San Rafael Wilderness boundary - downstream of the confluence of Davy Brown Creek, as a - recreational river. - ``(E) The 5.8-mile segment of Manzana Creek from - the San Rafael Wilderness boundary downstream of the - confluence of Davy Brown Creek to the private property - boundary in sec. 1, T. 8 N., R. 30 W., as a wild river. - ``(F) The 3.8-mile segment of Manzana Creek from - the private property boundary in sec. 1, T. 8 N., R. 30 - W., to the confluence of the Sisquoc River, as a - recreational river. - ``(G) The 3.4-mile segment of Davy Brown Creek from - its source west of Ranger Peak in sec. 32, T. 8 N., R. - 29 W., to 300 feet upstream of its confluence with - Munch Canyon, as a wild river. - ``(H) The 1.4-mile segment of Davy Brown Creek from - 300 feet upstream of its confluence with Munch Canyon - to its confluence with Manzana Creek, as a recreational - river. - ``(I) The 2-mile segment of Munch Canyon from its - source north of Ranger Peak in sec. 33, T. 8 N., R. 29 - W., to 300 feet upstream of its confluence with Sunset - Valley Creek, as a wild river. - ``(J) The 0.5-mile segment of Munch Canyon from 300 - feet upstream of its confluence with Sunset Valley - Creek to its confluence with Davy Brown Creek, as a - recreational river. - ``(K) The 2.6-mile segment of Fish Creek from 500 - feet downstream of Sunset Valley Road to its confluence - with Manzana Creek, as a wild river. - ``(L) The 1.5-mile segment of East Fork Fish Creek - from its source in sec. 26, T. 8 N., R. 29 W., to its - confluence with Fish Creek, as a wild river.''. - (d) Piru Creek, California.--Section 3(a) of the National Wild and -Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph -(199) and inserting the following: - ``(199) Piru creek, california.--The following segments of - Piru Creek in the State of California, to be administered by - the Secretary of Agriculture: - ``(A) The 9.1-mile segment of Piru Creek from its - source in sec. 3, T. 6 N., R. 22 W., to the private - property boundary in sec. 4, T. 6 N., R. 21 W., as a - wild river. - ``(B) The 17.2-mile segment of Piru Creek from the - private property boundary in sec. 4, T. 6 N., R. 21 W., - to 0.25 miles downstream of the Gold Hill Road, as a - scenic river. - ``(C) The 4.1-mile segment of Piru Creek from 0.25 - miles downstream of Gold Hill Road to the confluence - with Trail Canyon, as a wild river. - ``(D) The 7.25-mile segment of Piru Creek from the - confluence with Trail Canyon to the confluence with - Buck Creek, as a scenic river. - ``(E) The 3-mile segment of Piru Creek from 0.5 - miles downstream of Pyramid Dam at the first bridge - crossing to the boundary of the Sespe Wilderness, as a - recreational river. - ``(F) The 13-mile segment of Piru Creek from the - boundary of the Sespe Wilderness to the boundary of the - Sespe Wilderness, as a wild river. - ``(G) The 2.2-mile segment of Piru Creek from the - boundary of the Sespe Wilderness to the upper limit of - Piru Reservoir, as a recreational river.''. - (e) Effect.--The designation of additional miles of Piru Creek -under subsection (d) shall not affect valid water rights in existence -on the date of enactment of this Act. - (f) Motorized Use of Trails.--Nothing in this section (including -the amendments made by this section) affects the motorized use of -trails designated by the Forest Service for motorized use that are -located adjacent to and crossing upper Piru Creek, if the use is -consistent with the protection and enhancement of river values under -the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). - -SEC. 20307. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL WILDERNESS. - - (a) Designation.--In furtherance of the purposes of the Wilderness -Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National -Forest comprising approximately 41,082 acres, as generally depicted on -the map entitled ``Fox Mountain Potential Wilderness Area'' and dated -November 14, 2019, is designated as the Fox Mountain Potential -Wilderness Area. - (b) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary of Agriculture shall file - a map and a legal description of the Fox Mountain Potential - Wilderness Area (referred to in this section as the ``potential - wilderness area'') with-- - (A) the Committee on Energy and Natural Resources - of the Senate; and - (B) the Committee on Natural Resources of the House - of Representatives. - (2) Force of law.--The map and legal description filed - under paragraph (1) shall have the same force and effect as if - included in this title, except that the Secretary of - Agriculture may correct any clerical and typographical errors - in the map and legal description. - (3) Public availability.--The map and legal description - filed under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the Forest - Service. - (c) Management.--Except as provided in subsection (d) and subject -to valid existing rights, the Secretary shall manage the potential -wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 -et seq.). - (d) Trail Use Construction, Reconstruction, and Realignment.-- - (1) In general.--In accordance with paragraph (2), the - Secretary of Agriculture may-- - (A) construct a new trail for use by hikers, - equestrians, and mechanized vehicles that connects the - Aliso Park Campground to the Bull Ridge Trail; and - (B) reconstruct or realign-- - (i) the Bull Ridge Trail; and - (ii) the Rocky Ridge Trail. - (2) Requirement.--In carrying out the construction, - reconstruction, or alignment under paragraph (1), the Secretary - shall-- - (A) comply with all existing laws (including - regulations); and - (B) to the maximum extent practicable, use the - minimum tool or administrative practice necessary to - accomplish the construction, reconstruction, or - alignment with the least amount of adverse impact on - wilderness character and resources. - (3) Motorized vehicles and machinery.--In accordance with - paragraph (2), the Secretary may use motorized vehicles and - machinery to carry out the trail construction, reconstruction, - or realignment authorized by this subsection. - (4) Mechanized vehicles.--The Secretary may permit the use - of mechanized vehicles on the existing Bull Ridge Trail and - Rocky Ridge Trail in accordance with existing law (including - regulations) and this subsection until such date as the - potential wilderness area is designated as wilderness in - accordance with subsection (h). - (e) Withdrawal.--Subject to valid existing rights, the Federal land -in the potential wilderness area is withdrawn from all forms of-- - (1) entry, appropriation, or disposal under the public land - laws; - (2) location, entry, and patent under the mining laws; and - (3) disposition under all laws pertaining to mineral and - geothermal leasing or mineral materials. - (f) Cooperative Agreements.--In carrying out this section, the -Secretary may enter into cooperative agreements with State, Tribal, and -local governmental entities and private entities to complete the trail -construction, reconstruction, and realignment authorized by subsection -(d). - (g) Boundaries.--The Secretary shall modify the boundary of the -potential wilderness area to exclude any area within 50 feet of the -centerline of the new location of any trail that has been constructed, -reconstructed, or realigned under subsection (d). - (h) Wilderness Designation.-- - (1) In general.--The potential wilderness area, as modified - under subsection (g), shall be designated as wilderness and as - a component of the National Wilderness Preservation System on - the earlier of-- - (A) the date on which the Secretary publishes in - the Federal Register notice that the trail - construction, reconstruction, or alignment authorized - by subsection (d) has been completed; or - (B) the date that is 20 years after the date of - enactment of this Act. - (2) Administration of wilderness.--On designation as - wilderness under this section, the potential wilderness area - shall be-- - (A) incorporated into the San Rafael Wilderness, as - designated by Public Law 90-271 (82 Stat. 51), the - California Wilderness Act of 1984 (Public Law 98-425; - 16 U.S.C. 1132 note), and the Los Padres Condor Range - and River Protection Act (Public Law 102-301; 106 Stat. - 242), and section 20303; and - (B) administered in accordance with section 20305 - and the Wilderness Act (16 U.S.C. 1131 et seq.). - -SEC. 20308. DESIGNATION OF SCENIC AREAS. - - (a) In General.--Subject to valid existing rights, there are -established the following scenic areas: - (1) Condor ridge scenic area.--Certain land in the Los - Padres National Forest comprising approximately 18,666 acres, - as generally depicted on the map entitled ``Condor Ridge Scenic - Area--Proposed'' and dated March 29, 2019, which shall be known - as the ``Condor Ridge Scenic Area''. - (2) Black mountain scenic area.--Certain land in the Los - Padres National Forest and the Bakersfield Field Office of the - Bureau of Land Management comprising approximately 16,216 - acres, as generally depicted on the map entitled ``Black - Mountain Scenic Area--Proposed'' and dated March 29, 2019, - which shall be known as the ``Black Mountain Scenic Area''. - (b) Maps and Legal Descriptions.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary of Agriculture shall file - a map and legal description of the Condor Ridge Scenic Area and - Black Mountain Scenic Area with-- - (A) the Committee on Energy and Natural Resources - of the Senate; and - (B) the Committee on Natural Resources of the House - of Representatives. - (2) Force of law.--The maps and legal descriptions filed - under paragraph (1) shall have the same force and effect as if - included in this title, except that the Secretary of - Agriculture may correct any clerical and typographical errors - in the maps and legal descriptions. - (3) Public availability.--The maps and legal descriptions - filed under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the Forest - Service and Bureau of Land Management. - (c) Purpose.--The purpose of the scenic areas is to conserve, -protect, and enhance for the benefit and enjoyment of present and -future generations the ecological, scenic, wildlife, recreational, -cultural, historical, natural, educational, and scientific resources of -the scenic areas. - (d) Management.-- - (1) In general.--The Secretary shall administer the scenic - areas-- - (A) in a manner that conserves, protects, and - enhances the resources of the scenic areas, and in - particular the scenic character attributes of the - scenic areas; and - (B) in accordance with-- - (i) this section; - (ii) the Federal Land Policy and Management - Act (43 U.S.C. 1701 et seq.) for land under the - jurisdiction of the Secretary of the Interior; - (iii) any laws (including regulations) - relating to the National Forest System, for - land under the jurisdiction of the Secretary of - Agriculture; and - (iv) any other applicable law (including - regulations). - (2) Uses.--The Secretary shall only allow those uses of the - scenic areas that the Secretary determines would further the - purposes described in subsection (c). - (e) Withdrawal.--Subject to valid existing rights, the Federal land -in the scenic areas is withdrawn from all forms of-- - (1) entry, appropriation, or disposal under the public land - laws; - (2) location, entry, and patent under the mining laws; and - (3) disposition under all laws pertaining to mineral and - geothermal leasing or mineral materials. - (f) Prohibited Uses.--The following shall be prohibited on the -Federal land within the scenic areas: - (1) Permanent roads. - (2) Permanent structures. - (3) Timber harvesting except when necessary for the - purposes described in subsection (g). - (4) Transmission lines. - (5) Except as necessary to meet the minimum requirements - for the administration of the scenic areas and to protect - public health and safety-- - (A) the use of motorized vehicles; or - (B) the establishment of temporary roads. - (6) Commercial enterprises, except as necessary for - realizing the purposes of the scenic areas. - (g) Wildfire, Insect, and Disease Management.--Consistent with this -section, the Secretary may take any measures in the scenic areas that -the Secretary determines to be necessary to control fire, insects, and -diseases, including, as the Secretary determines to be appropriate, the -coordination of those activities with the State or a local agency. - (h) Adjacent Management.--The fact that an otherwise authorized -activity or use can be seen or heard within a scenic area shall not -preclude the activity or use outside the boundary of the scenic area. - -SEC. 20309. CONDOR NATIONAL SCENIC TRAIL. - - (a) In General.--The contiguous trail established pursuant to this -section shall be known as the ``Condor National Scenic Trail'' named -after the California condor, a critically endangered bird species that -lives along the extent of the trail corridor. - (b) Purpose.--The purposes of the Condor National Scenic Trail are -to-- - (1) provide a continual extended hiking corridor that - connects the southern and northern portions of the Los Padres - National Forest, spanning the entire length of the forest along - the coastal mountains of southern and central California; and - (2) provide for the public enjoyment of the nationally - significant scenic, historic, natural, and cultural qualities - of the Los Padres National Forest. - (c) Amendment.--Section 5(a) of the National Trails System Act (16 -U.S.C. 1244(a)) is amended by adding at the end the following: - ``(31) Condor national scenic trail.-- - ``(A) In general.--The Condor National Scenic - Trail, a trail extending approximately 400 miles from - Lake Piru in the southern portion of the Los Padres - National Forest to the Bottchers Gap Campground in - northern portion of the Los Padres National Forest. - ``(B) Administration.--The trail shall be - administered by the Secretary of Agriculture, in - consultation with-- - ``(i) other Federal, State, Tribal, - regional, and local agencies; - ``(ii) private landowners; and - ``(iii) other interested organizations. - ``(C) Recreational uses.--Notwithstanding section - 7(c), the use of motorized vehicles on roads or trails - included in the Condor National Scenic Trail on which - motorized vehicles are permitted as of the date of - enactment of this paragraph may be permitted. - ``(D) Private property rights.-- - ``(i) Prohibition.--The Secretary shall not - acquire for the trail any land or interest in - land outside the exterior boundary of any - federally managed area without the consent of - the owner of land or interest in land. - ``(ii) Effect.--Nothing in this paragraph-- - ``(I) requires any private property - owner to allow public access (including - Federal, State, or local government - access) to private property; or - ``(II) modifies any provision of - Federal, State, or local law with - respect to public access to or use of - private land. - ``(E) Realignment.--The Secretary of Agriculture - may realign segments of the Condor National Scenic - Trail as necessary to fulfill the purposes of the - trail. - ``(F) Map.--A map generally depicting the trail - described in subparagraph (A) shall be on file and - available for public inspection in the appropriate - offices of the Forest Service.''. - (d) Study.-- - (1) Study required.--Not later than 3 years after the date - of enactment of this Act, in accordance with this section, the - Secretary of Agriculture shall conduct a study that-- - (A) addresses the feasibility of, and alternatives - for, connecting the northern and southern portions of - the Los Padres National Forest by establishing a trail - across the applicable portions of the northern and - southern Santa Lucia Mountains of the southern - California Coastal Range; and - (B) considers realignment of the trail or - construction of new trail segments to avoid existing - trail segments that currently allow motorized vehicles. - (2) Contents.--In carrying out the study required by - paragraph (1), the Secretary of Agriculture shall-- - (A) conform to the requirements for national scenic - trail studies described in section 5(b) of the National - Trails System Act (16 U.S.C. 1244(b)); - (B) provide for a continual hiking route through - and connecting the southern and northern sections of - the Los Padres National Forest; - (C) promote recreational, scenic, wilderness and - cultural values; - (D) enhance connectivity with the overall National - Forest trail system; - (E) consider new connectors and realignment of - existing trails; - (F) emphasize safe and continuous public access, - dispersal from high-use areas, and suitable water - sources; and - (G) to the extent practicable, provide all-year - use. - (3) Additional requirement.--In completing the study - required by paragraph (1), the Secretary of Agriculture shall - consult with-- - (A) appropriate Federal, State, Tribal, regional, - and local agencies; - (B) private landowners; - (C) nongovernmental organizations; and - (D) members of the public. - (4) Submission.--The Secretary of Agriculture shall submit - the study required by paragraph (1) to-- - (A) the Committee on Natural Resources of the House + (I) the Committee on Foreign Relations of the + Senate; + (II) the Committee on Appropriations of the Senate; + (III) the Committee on Foreign Affairs of the House of Representatives; and - (B) the Committee on Energy and Natural Resources - of the Senate. - (5) Additions and alterations to the condor national scenic - trail.-- - (A) In general.--Upon completion of the study - required by paragraph (1), if the Secretary of - Agriculture determines that additional or alternative - trail segments are feasible for inclusion in the Condor - National Scenic Trail, the Secretary of Agriculture - shall include those segments in the Condor National - Scenic Trail. - (B) Effective date.--Additions or alternations to - the Condor National Scenic Trail shall be effective on - the date the Secretary of Agriculture publishes in the - Federal Register notice that the additional or - alternative segments are included in the Condor - National Scenic Trail. - (e) Cooperative Agreements.--In carrying out this section -(including the amendments made by this section), the Secretary of -Agriculture may enter into cooperative agreements with State, Tribal, -and local government entities and private entities to complete needed -trail construction, reconstruction, and realignment projects authorized -by this section (including the amendments made by this section). - -SEC. 20310. FOREST SERVICE STUDY. - - Not later than 6 years after the date of enactment of this Act, the -Secretary of Agriculture (acting through the Chief of the Forest -Service) shall study the feasibility of opening a new trail, for -vehicles measuring 50 inches or less, connecting Forest Service Highway -95 to the existing off-highway vehicle trail system in the Ballinger -Canyon off-highway vehicle area. - -SEC. 20311. NONMOTORIZED RECREATION OPPORTUNITIES. - - Not later than 6 years after the date of enactment of this Act, the -Secretary of Agriculture, in consultation with interested parties, -shall conduct a study to improve nonmotorized recreation trail -opportunities (including mountain bicycling) on land not designated as -wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger -districts. - -SEC. 20312. USE BY MEMBERS OF TRIBES. - - (a) Access.--The Secretary shall ensure that Tribes have access, in -accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the -wilderness areas, scenic areas, and potential wilderness areas -designated by this title for traditional cultural and religious -purposes. - (b) Temporary Closures.-- - (1) In general.--In carrying out this section, the - Secretary, on request of a Tribe, may temporarily close to the - general public one or more specific portions of a wilderness - area, scenic area, or potential wilderness area designated by - this title to protect the privacy of the members of the Tribe - in the conduct of traditional cultural and religious - activities. - (2) Requirement.--Any closure under paragraph (1) shall - be-- - (A) made in such a manner as to affect the smallest - practicable area for the minimum period of time - necessary for the activity to be carried out; and - (B) be consistent with the purpose and intent of - Public Law 95-341 (commonly known as the American - Indian Religious Freedom Act) (42 U.S.C. 1996) and the - Wilderness Act (16 U.S.C. 1131 et seq.). - - TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION - -SEC. 20401. SHORT TITLE. - - This title may be cited as the ``San Gabriel Mountains Foothills -and Rivers Protection Act''. - -SEC. 20402. DEFINITION OF STATE. - - In this title, the term ``State'' means the State of California. - - Subtitle A--San Gabriel National Recreation Area - -SEC. 20411. PURPOSES. - - The purposes of this subtitle are-- - (1) to conserve, protect, and enhance for the benefit and - enjoyment of present and future generations the ecological, - scenic, wildlife, recreational, cultural, historical, natural, - educational, and scientific resources of the Recreation Area; - (2) to provide environmentally responsible, well-managed - recreational opportunities within the Recreation Area; - (3) to improve access to and from the Recreation Area; - (4) to provide expanded educational and interpretive - services to increase public understanding of, and appreciation - for, the natural and cultural resources of the Recreation Area; - (5) to facilitate the cooperative management of the land - and resources within the Recreation Area, in collaboration with - the State and political subdivisions of the State, historical, - business, cultural, civic, recreational, tourism and other - nongovernmental organizations, and the public; and - (6) to allow the continued use of the Recreation Area by - all individuals, entities, and local government agencies in - activities relating to integrated water management, flood - protection, water conservation, water quality, water rights, - water supply, groundwater recharge and monitoring, wastewater - treatment, public roads and bridges, and utilities within or - adjacent to the Recreation Area. - -SEC. 20412. DEFINITIONS. - - In this subtitle: - (1) Adjudication.--The term ``adjudication'' means any - final judgment, order, ruling, or decree entered in any - judicial proceeding adjudicating or affecting water rights, - surface water management, or groundwater management. - (2) Advisory council.--The term ``Advisory Council'' means - the San Gabriel National Recreation Area Public Advisory - Council established under section 20417(a). - (3) Federal lands.--The term ``Federal lands'' means-- - (A) public lands under the jurisdiction of the - Secretary of the Interior; and - (B) lands under the jurisdiction of the Secretary - of Defense, acting through the Chief of Engineers. - (4) Management plan.--The term ``management plan'' means - the management plan for the Recreation Area required under - section 20414(d). - (5) Partnership.--The term ``Partnership'' means the San - Gabriel National Recreation Area Partnership established by - section 20418(a). - (6) Public water system.--The term ``public water system'' - has the meaning given the term in 42 U.S.C. 300(f)(4) or in - section 116275 of the California Health and Safety Code. - (7) Recreation area.--The term ``Recreation Area'' means - the San Gabriel National Recreation Area established by section - 20413(a). - (8) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - (9) Utility facility.--The term ``utility facility'' - means-- - (A) any electric substations, communication - facilities, towers, poles, and lines, ground wires, - communication circuits, and other structures, and - related infrastructure; and - (B) any such facilities associated with a public - water system. - (10) Water resource facility.--The term ``water resource - facility'' means irrigation and pumping facilities, dams and - reservoirs, flood control facilities, water conservation works, - including debris protection facilities, sediment placement - sites, rain gauges and stream gauges, water quality facilities, - recycled water facilities, water pumping, conveyance and - distribution systems, water storage tanks and reservoirs, and - water treatment facilities, aqueducts, canals, ditches, - pipelines, wells, hydropower projects, and transmission and - other ancillary facilities, groundwater recharge facilities, - water conservation, water filtration plants, and other water - diversion, conservation, groundwater recharge, storage, and - carriage structures. - -SEC. 20413. SAN GABRIEL NATIONAL RECREATION AREA. - - (a) Establishment; Boundaries.--Subject to valid existing rights, -there is established as a unit of the National Park System in the State -the San Gabriel National Recreation Area depicted as the ``Proposed San -Gabriel National Recreation Area'' on the map entitled ``San Gabriel -National Recreation Area Proposed Boundary,'' numbered 503/152,737, and -dated July 2019. - (b) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - the enactment of this Act, the Secretary shall file a map and a - legal description of the Recreation Area with-- - (A) the Committee on Energy and Natural Resources - of the Senate; and - (B) the Committee on Natural Resources of the House + (IV) the Committee on Appropriations of the House of Representatives. - (2) Force of law.--The map and legal description filed - under paragraph (1) shall have the same force and effect as if - included in this title, except that the Secretary may correct - any clerical or typographical error in the map or legal - description. - (3) Public availability.--The map and legal description - filed under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the National - Park Service. - (c) Administration and Jurisdiction.-- - (1) Public lands.--The public lands included in the - Recreation Area shall be administered by the Secretary, acting - through the Director of the National Park Service. - (2) Department of defense land.--Although certain Federal - lands under the jurisdiction of the Secretary of Defense are - included in the recreation area, nothing in this subtitle - transfers administration jurisdiction of such Federal lands - from the Secretary of Defense or otherwise affects Federal - lands under the jurisdiction of the Secretary of Defense. - (3) State and local jurisdiction.--Nothing in this subtitle - alters, modifies, or diminishes any right, responsibility, - power, authority, jurisdiction, or entitlement of the State, a - political subdivision of the State, including, but not limited - to courts of competent jurisdiction, regulatory commissions, - boards, and departments, or any State or local agency under any - applicable Federal, State, or local law (including - regulations). - -SEC. 20414. MANAGEMENT. - - (a) National Park System.--Subject to valid existing rights, the -Secretary shall manage the public lands included in the Recreation Area -in a manner that protects and enhances the natural resources and values -of the public lands, in accordance with-- - (1) this subtitle; - (2) section 100101(a), chapter 1003, and sections - 100751(a), 100752, 100753 and 102101 of title 54, United States - Code (formerly known as the ``National Park Service Organic - Act''); - (3) the laws generally applicable to units of the National - Park System; and - (4) other applicable law, regulations, adjudications, and - orders. - (b) Cooperation With Secretary of Defense.--The Secretary shall -cooperate with the Secretary of Defense to develop opportunities for -the management of the Federal land under the jurisdiction of the -Secretary of Defense included in the Recreation Area in accordance with -the purposes described in section 20411, to the maximum extent -practicable. - (c) Treatment of Non-Federal Land.-- - (1) In general.--Nothing in this subtitle-- - (A) authorizes the Secretary to take any action - that would affect the use of any land not owned by the - United States within the Recreation Area; - (B) affects the use of, or access to, any non- - Federal land within the Recreation Area; - (C) modifies any provision of Federal, State, or - local law with respect to public access to, or use of, - non-Federal land; - (D) requires any owner of non-Federal land to allow - public access (including Federal, State, or local - government access) to private property or any other - non-Federal land; - (E) alters any duly adopted land use regulation, - approved land use plan, or any other regulatory - authority of any State or local agency or unit of - Tribal government; - (F) creates any liability, or affects any liability - under any other law, of any private property owner or - other owner of non-Federal land with respect to any - person injured on the private property or other non- - Federal land; - (G) conveys to the Partnership any land use or - other regulatory authority; - (H) shall be construed to cause any Federal, State, - or local regulation or permit requirement intended to - apply to units of the National Park System to affect - the Federal lands under the jurisdiction of the - Secretary of Defense or non-Federal lands within the - boundaries of the recreation area; or - (I) requires any local government to participate in - any program administered by the Secretary. - (2) Cooperation.--The Secretary is encouraged to work with - owners of non-Federal land who have agreed to cooperate with - the Secretary to advance the purposes of this subtitle. - (3) Buffer zones.-- - (A) In general.--Nothing in this subtitle - establishes any protective perimeter or buffer zone - around the Recreation Area. - (B) Activities or uses up to boundaries.--The fact - that an activity or use of land can be seen or heard - from within the Recreation Area shall not preclude the - activity or land use up to the boundary of the - Recreation Area. - (4) Facilities.--Nothing in this subtitle affects the - operation, maintenance, modification, construction, - destruction, removal, relocation, improvement or expansion of - any water resource facility or public water system, or any - solid waste, sanitary sewer, water or waste-water treatment, - groundwater recharge or conservation, hydroelectric, conveyance - distribution system, recycled water facility, or utility - facility located within or adjacent to the Recreation Area. - (5) Exemption.--Section 100903 of title 54, United States - Code, shall not apply to the Puente Hills landfill, materials - recovery facility, or intermodal facility. - (d) Management Plan.-- - (1) Deadline.--Not later than 3 years after the date of the - enactment of this Act, the Secretary and the Advisory Council - shall establish a comprehensive management plan for the - Recreation Area that supports the purposes described in section - 20411. - (2) Use of existing plans.--In developing the management - plan, to the extent consistent with this section, the Secretary - may incorporate any provision of a land use or other plan - applicable to the public lands included in the Recreation Area. - (3) Incorporation of visitor services plan.--To the maximum - extent practicable, the Secretary shall incorporate into the - management plan the visitor services plan under section - 20419(a)(2). - (4) Partnership.--In developing the management plan, the - Secretary shall consider recommendations of the Partnership. To - the maximum extent practicable, the Secretary shall incorporate - recommendations of the Partnership into the management plan if - the Secretary determines that the recommendations are feasible - and consistent with the purposes in section 20411, this - subtitle, and applicable laws (including regulations). - (e) Fish and Wildlife.--Nothing in this subtitle affects the -jurisdiction of the State with respect to fish or wildlife located on -public lands in the State. - -SEC. 20415. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION AREA. - - (a) Limited Acquisition Authority.-- - (1) In general.--Subject to paragraph (2), the Secretary - may acquire non-Federal land within the boundaries of the - Recreation Area only through exchange, donation, or purchase - from a willing seller. - (2) Additional requirement.--As a further condition on the - acquisition of land, the Secretary shall make a determination - that the land contains important biological, cultural, - historic, or recreational values. - (b) Prohibition on Use of Eminent Domain.--Nothing in this subtitle -authorizes the use of eminent domain to acquire land or an interest in -land. - (c) Treatment of Acquired Land.--Any land or interest in land -acquired by the United States within the boundaries of the Recreation -Area shall be-- - (1) included in the Recreation Area; and - (2) administered by the Secretary in accordance with-- - (A) this subtitle; and - (B) other applicable laws (including regulations). - -SEC. 20416. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC ROADS; - UTILITY FACILITIES. - - (a) No Effect on Water Rights.--Nothing in this subtitle or section -20422-- - (1) shall affect the use or allocation, as in existence on - the date of the enactment of this Act, of any water, water - right, or interest in water (including potable, recycled, - reclaimed, waste, imported, exported, banked, or stored water, - surface water, groundwater, and public trust interest); - (2) shall affect any public or private contract in - existence on the date of the enactment of this Act for the - sale, lease, loan, or transfer of any water (including potable, - recycled, reclaimed, waste, imported, exported, banked, or - stored water, surface water, and groundwater); - (3) shall be considered to be a relinquishment or reduction - of any water rights reserved or appropriated by the United - States in the State on or before the date of the enactment of - this Act; - (4) authorizes or imposes any new reserved Federal water - right or expands water usage pursuant to any existing Federal - reserved, riparian or appropriative right; - (5) shall be considered a relinquishment or reduction of - any water rights (including potable, recycled, reclaimed, - waste, imported, exported, banked, or stored water, surface - water, and groundwater) held, reserved, or appropriated by any - public entity or other persons or entities, on or before the - date of the enactment of this Act; - (6) shall be construed to, or shall interfere or conflict - with the exercise of the powers or duties of any watermaster, - public agency, public water system, court of competent - jurisdiction, or other body or entity responsible for - groundwater or surface water management or groundwater - replenishment as designated or established pursuant to any - adjudication or Federal or State law, including the management - of the San Gabriel River watershed and basin, to provide water - supply or other environmental benefits; - (7) shall be construed to impede or adversely impact any - previously adopted Los Angeles County Drainage Area project, as - described in the report of the Chief of Engineers dated June - 30, 1992, including any supplement or addendum to that report, - or any maintenance agreement to operate that project; - (8) shall interfere or conflict with any action by a - watermaster, water agency, public water system, court of - competent jurisdiction, or public agency pursuant to any - Federal or State law, water right, or adjudication, including - any action relating to water conservation, water quality, - surface water diversion or impoundment, groundwater recharge, - water treatment, conservation or storage of water, pollution, - waste discharge, the pumping of groundwater; the spreading, - injection, pumping, storage, or the use of water from local - sources, storm water flows, and runoff, or from imported or - recycled water, that is undertaken in connection with the - management or regulation of the San Gabriel River; - (9) shall interfere with, obstruct, hinder, or delay the - exercise of, or access to, any water right by the owner of a - public water system or any other individual or entity, - including the construction, operation, maintenance, - replacement, removal, repair, location, or relocation of any - well; pipeline; or water pumping, treatment, diversion, - impoundment, or storage facility; or other facility or property - necessary or useful to access any water right or operate an - public water system; - (10) shall require the initiation or reinitiation of - consultation with the United States Fish and Wildlife Service - under, or the application of any provision of, the Endangered - Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any - action affecting any water, water right, or water management or - water resource facility in the San Gabriel River watershed and - basin; or - (11) authorizes any agency or employee of the United - States, or any other person, to take any action inconsistent - with any of paragraphs (1) through (10). - (b) Water Resource Facilities.-- - (1) No effect on existing water resource facilities.-- - Nothing in this subtitle or section 20422 shall affect-- - (A) the use, operation, maintenance, repair, - construction, destruction, removal, reconfiguration, - expansion, improvement or replacement of a water - resource facility or public water system within or - adjacent to the Recreation Area or San Gabriel - Mountains National Monument; or - (B) access to a water resource facility within or - adjacent to the Recreation Area or San Gabriel - Mountains National Monument. - (2) No effect on new water resource facilities.--Nothing in - this subtitle or section 20422 shall preclude the establishment - of a new water resource facility (including instream sites, - routes, and areas) within the Recreation Area or San Gabriel - Mountains National Monument if the water resource facility or - public water system is necessary to preserve or enhance the - health, safety, reliability, quality or accessibility of water - supply, or utility services to residents of Los Angeles County. - (3) Flood control.--Nothing in this subtitle or section - 20422 shall be construed to-- - (A) impose any new restriction or requirement on - flood protection, water conservation, water supply, - groundwater recharge, water transfers, or water quality - operations and maintenance; or - (B) increase the liability of an agency or public - water system carrying out flood protection, water - conservation, water supply, groundwater recharge, water - transfers, or water quality operations. - (4) Diversion or use of water.--Nothing in this subtitle or - section 20422 shall authorize or require the use of water or - water rights in, or the diversion of water to, the Recreation - Area or San Gabriel Mountains National Monument. - (c) Utility Facilities and Rights of Way.--Nothing in this subtitle -or section 20422 shall-- - (1) affect the use, operation, maintenance, repair, - construction, destruction, reconfiguration, expansion, - inspection, renewal, reconstruction, alteration, addition, - relocation, improvement, removal, or replacement of a utility - facility or appurtenant right-of-way within or adjacent to the - Recreation Area or San Gabriel Mountains National Monument; - (2) affect access to a utility facility or right-of-way - within or adjacent to the Recreation Area or San Gabriel - Mountains National Monument; or - (3) preclude the establishment of a new utility facility or - right-of-way (including instream sites, routes, and areas) - within the Recreation Area or San Gabriel Mountains National - Monument if such a facility or right-of-way is necessary for - public health and safety, electricity supply, or other utility - services. - (d) Roads; Public Transit.-- - (1) Definitions.--In this subsection: - (A) Public road.--The term ``public road'' means - any paved road or bridge (including any appurtenant - structure and right-of-way) that is-- - (i) operated or maintained by a non-Federal - entity; and - (ii)(I) open to vehicular use by the - public; or - (II) used by a public agency or utility for - the operation, maintenance, improvement, - repair, removal, relocation, construction, - destruction or rehabilitation of - infrastructure, a utility facility, or a right- - of-way. - (B) Public transit.--The term ``public transit'' - means any transit service (including operations and - rights-of-way) that is-- - (i) operated or maintained by a non-Federal - entity; and - (ii)(I) open to the public; or - (II) used by a public agency or contractor - for the operation, maintenance, repair, - construction, or rehabilitation of - infrastructure, a utility facility, or a right- - of-way. - (2) No effect on public roads or public transit.--Nothing - in this subtitle or section 20422-- - (A) authorizes the Secretary to take any action - that would affect the operation, maintenance, repair, - or rehabilitation of public roads or public transit - (including activities necessary to comply with Federal - or State safety or public transit standards); or - (B) creates any new liability, or increases any - existing liability, of an owner or operator of a public - road. - -SEC. 20417. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC ADVISORY - COUNCIL. - - (a) Establishment.--Not later than 180 days after the date of the -enactment of this Act, the Secretary shall establish an advisory -council, to be known as the ``San Gabriel National Recreation Area -Public Advisory Council''. - (b) Duties.--The Advisory Council shall advise the Secretary -regarding the development and implementation of the management plan and -the visitor services plan. - (c) Applicable Law.--The Advisory Council shall be subject to-- - (1) the Federal Advisory Committee Act (5 U.S.C. App.); and - (2) all other applicable laws (including regulations). - (d) Membership.--The Advisory Council shall consist of 22 members, -to be appointed by the Secretary after taking into consideration -recommendations of the Partnership, of whom-- - (1) 2 shall represent local, regional, or national - environmental organizations; - (2) 2 shall represent the interests of outdoor recreation, - including off-highway vehicle recreation, within the Recreation - Area; - (3) 2 shall represent the interests of community-based - organizations, the missions of which include expanding access - to the outdoors; - (4) 2 shall represent business interests; - (5) 1 shall represent Indian Tribes within or adjacent to - the Recreation Area; - (6) 1 shall represent the interests of homeowners' - associations within the Recreation Area; - (7) 3 shall represent the interests of holders of - adjudicated water rights, public water systems, water agencies, - wastewater and sewer agencies, recycled water facilities, and - water management and replenishment entities; - (8) 1 shall represent energy and mineral development - interests; - (9) 1 shall represent owners of Federal grazing permits or - other land use permits within the Recreation Area; - (10) 1 shall represent archaeological and historical - interests; - (11) 1 shall represent the interests of environmental - educators; - (12) 1 shall represent cultural history interests; - (13) 1 shall represent environmental justice interests; - (14) 1 shall represent electrical utility interests; and - (15) 2 shall represent the affected public at large. - (e) Terms.-- - (1) Staggered terms.--A member of the Advisory Council - shall be appointed for a term of 3 years, except that, of the - members first appointed, 7 of the members shall be appointed - for a term of 1 year and 7 of the members shall be appointed - for a term of 2 years. - (2) Reappointment.--A member may be reappointed to serve on - the Advisory Council on the expiration of the term of service - of the member. - (3) Vacancy.--A vacancy on the Advisory Council shall be - filled in the same manner in which the original appointment was - made. - (f) Quorum.--A quorum shall be ten members of the advisory council. -The operations of the advisory council shall not be impaired by the -fact that a member has not yet been appointed as long as a quorum has -been attained. - (g) Chairperson; Procedures.--The Advisory Council shall elect a -chairperson and establish such rules and procedures as the advisory -council considers necessary or desirable. - (h) Service Without Compensation.--Members of the Advisory Council -shall serve without pay. - (i) Termination.--The Advisory Council shall cease to exist-- - (1) on the date that is 5 years after the date on which the - management plan is adopted by the Secretary; or - (2) on such later date as the Secretary considers to be - appropriate. -SEC. 20418. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP. - - (a) Establishment.--There is established a Partnership, to be known -as the ``San Gabriel National Recreation Area Partnership''. - (b) Purposes.--The purposes of the Partnership are to-- - (1) coordinate the activities of Federal, State, Tribal, - and local authorities and the private sector in advancing the - purposes of this subtitle; and - (2) use the resources and expertise of each agency in - improving management and recreational opportunities within the - Recreation Area. - (c) Membership.--The Partnership shall include the following: - (1) The Secretary (or a designee) to represent the National - Park Service. - (2) The Secretary of Defense (or a designee) to represent - the Corps of Engineers. - (3) The Secretary of Agriculture (or a designee) to - represent the Forest Service. - (4) The Secretary of the Natural Resources Agency of the - State (or a designee) to represent-- - (A) the California Department of Parks and - Recreation; and - (B) the Rivers and Mountains Conservancy. - (5) One designee of the Los Angeles County Board of - Supervisors. - (6) One designee of the Puente Hills Habitat Preservation - Authority. - (7) Four designees of the San Gabriel Council of - Governments, of whom one shall be selected from a local land - conservancy. - (8) One designee of the San Gabriel Valley Economic - Partnership. - (9) One designee of the Los Angeles County Flood Control - District. - (10) One designee of the San Gabriel Valley Water - Association. - (11) One designee of the Central Basin Water Association. - (12) One designee of the Main San Gabriel Basin - Watermaster. - (13) One designee of a public utility company, to be - appointed by the Secretary. - (14) One designee of the Watershed Conservation Authority. - (15) One designee of the Advisory Council for the period - during which the Advisory Council remains in effect. - (16) One designee of San Gabriel Mountains National - Monument Community Collaborative. - (d) Duties.--To advance the purposes described in section 20411, -the Partnership shall-- - (1) make recommendations to the Secretary regarding the - development and implementation of the management plan; - (2) review and comment on the visitor services plan under - section 20419(a)(2), and facilitate the implementation of that - plan; - (3) assist units of local government, regional planning - organizations, and nonprofit organizations in advancing the - purposes of the Recreation Area by-- - (A) carrying out programs and projects that - recognize, protect, and enhance important resource - values within the Recreation Area; - (B) establishing and maintaining interpretive - exhibits and programs within the Recreation Area; - (C) developing recreational and educational - opportunities in the Recreation Area in accordance with - the purposes of this subtitle; - (D) increasing public awareness of, and - appreciation for, natural, historic, scenic, and - cultural resources of the Recreation Area; - (E) ensuring that signs identifying points of - public access and sites of interest are posted - throughout the Recreation Area; - (F) promoting a wide range of partnerships among - governments, organizations, and individuals to advance - the purposes of the Recreation Area; and - (G) ensuring that management of the Recreation Area - takes into consideration-- - (i) local ordinances and land-use plans; - and - (ii) adjacent residents and property - owners; - (4) make recommendations to the Secretary regarding the - appointment of members to the Advisory Council; and - (5) carry out any other actions necessary to achieve the - purposes of this subtitle. - (e) Authorities.--Subject to approval by the Secretary, for the -purposes of preparing and implementing the management plan, the -Partnership may use Federal funds made available under this section-- - (1) to make grants to the State, political subdivisions of - the State, nonprofit organizations, and other persons; - (2) to enter into cooperative agreements with, or provide - grants or technical assistance to, the State, political - subdivisions of the State, nonprofit organizations, Federal - agencies, and other interested parties; - (3) to hire and compensate staff; - (4) to obtain funds or services from any source, including - funds and services provided under any other Federal law or - program; - (5) to contract for goods or services; and - (6) to support activities of partners and any other - activities that-- - (A) advance the purposes of the Recreation Area; - and - (B) are in accordance with the management plan. - (f) Terms of Office; Reappointment; Vacancies.-- - (1) Terms.--A member of the Partnership shall be appointed - for a term of 3 years. - (2) Reappointment.--A member may be reappointed to serve on - the Partnership on the expiration of the term of service of the - member. - (3) Vacancy.--A vacancy on the Partnership shall be filled - in the same manner in which the original appointment was made. - (g) Quorum.--A quorum shall be 11 members of the Partnership. The -operations of the Partnership shall not be impaired by the fact that a -member has not yet been appointed as long as a quorum has been -attained. - (h) Chairperson; Procedures.--The Partnership shall elect a -chairperson and establish such rules and procedures as it deems -necessary or desirable. - (i) Service Without Compensation.--A member of the Partnership -shall serve without compensation. - (j) Duties and Authorities of Secretary.-- - (1) In general.--The Secretary shall convene the - Partnership on a regular basis to carry out this subtitle. - (2) Technical and financial assistance.--The Secretary may - provide to the Partnership or any member of the Partnership, on - a reimbursable or nonreimbursable basis, such technical and - financial assistance as the Secretary determines to be - appropriate to carry out this subtitle. - (3) Cooperative agreements.--The Secretary may enter into a - cooperative agreement with the Partnership, a member of the - Partnership, or any other public or private entity to provide - technical, financial, or other assistance to carry out this - subtitle. - (4) Construction of facilities on non-federal land.-- - (A) In general.--In order to facilitate the - administration of the Recreation Area, the Secretary is - authorized, subject to valid existing rights, to - construct administrative or visitor use facilities on - land owned by a non-profit organization, local agency, - or other public entity in accordance with this title - and applicable law (including regulations). - (B) Additional requirements.--A facility under this - paragraph may only be developed-- - (i) with the consent of the owner of the - non-Federal land; and - (ii) in accordance with applicable Federal, - State, and local laws (including regulations) - and plans. - (5) Priority.--The Secretary shall give priority to actions - that-- - (A) conserve the significant natural, historic, - cultural, and scenic resources of the Recreation Area; - and - (B) provide educational, interpretive, and - recreational opportunities consistent with the purposes - of the Recreation Area. - (k) Committees.--The Partnership shall establish-- - (1) a Water Technical Advisory Committee to advise the - Secretary regarding water-related issues relating to the - Recreation Area; and - (2) a Public Safety Advisory Committee to advise the - Secretary regarding public safety issues relating to the - Recreation Area. - -SEC. 20419. VISITOR SERVICES AND FACILITIES. - - (a) Visitor Services.-- - (1) Purpose.--The purpose of this subsection is to - facilitate the development of an integrated visitor services - plan to improve visitor experiences in the Recreation Area - through expanded recreational opportunities and increased - interpretation, education, resource protection, and - enforcement. - (2) Visitor services plan.-- - (A) In general.--Not later than 3 years after the - date of the enactment of this Act, the Secretary shall - develop and carry out an integrated visitor services - plan for the Recreation Area in accordance with this - paragraph. - (B) Contents.--The visitor services plan shall-- - (i) assess current and anticipated future - visitation to the Recreation Area, including - recreation destinations; - (ii) consider the demand for various types - of recreation (including hiking, picnicking, - horseback riding, and the use of motorized and - mechanized vehicles), as permissible and - appropriate; - (iii) evaluate the impacts of recreation on - natural and cultural resources, water rights - and water resource facilities, public roads, - adjacent residents and property owners, and - utilities within the Recreation Area, as well - as the effectiveness of current enforcement and - efforts; - (iv) assess the current level of - interpretive and educational services and - facilities; - (v) include recommendations to-- - (I) expand opportunities for high- - demand recreational activities, in - accordance with the purposes described - in section 20411; - (II) better manage Recreation Area - resources and improve the experience of - Recreation Area visitors through - expanded interpretive and educational - services and facilities, and improved - enforcement; and - (III) better manage Recreation Area - resources to reduce negative impacts on - the environment, ecology, and - integrated water management activities - in the Recreation Area; - (vi) in coordination and consultation with - affected owners of non-Federal land, assess - options to incorporate recreational - opportunities on non-Federal land into the - Recreation Area-- - (I) in manner consistent with the - purposes and uses of the non-Federal - land; and - (II) with the consent of the non- - Federal landowner; - (vii) assess opportunities to provide - recreational opportunities that connect with - adjacent National Forest System land; and - (viii) be developed and carried out in - accordance with applicable Federal, State, and - local laws and ordinances. - (C) Consultation.--In developing the visitor - services plan, the Secretary shall-- - (i) consult with-- - (I) the Partnership; - (II) the Advisory Council; - (III) appropriate State and local - agencies; and - (IV) interested nongovernmental - organizations; and - (ii) involve members of the public. - (b) Visitor Use Facilities.-- - (1) In general.--The Secretary may construct visitor use - facilities in the Recreation Area. - (2) Requirements.--Each facility under paragraph (1) shall - be developed in accordance with applicable Federal, State, and - local-- - (A) laws (including regulations); and - (B) plans. - (c) Donations.-- - (1) In general.--The Secretary may accept and use donated - funds (subject to appropriations), property, in-kind - contributions, and services to carry out this subtitle. - (2) Prohibition.--The Secretary may not use the authority - provided by paragraph (1) to accept non-Federal land that has - been acquired after the date of the enactment of this Act - through the use of eminent domain. - (d) Cooperative Agreements.--In carrying out this subtitle, the -Secretary may make grants to, or enter into cooperative agreements -with, units of State, Tribal, and local governments and private -entities to conduct research, develop scientific analyses, and carry -out any other initiative relating to the management of, and visitation -to, the Recreation Area. - - Subtitle B--San Gabriel Mountains - -SEC. 20421. DEFINITIONS. + (b) Promoting United States Leadership in International +Organizations and Communications Standards-setting Bodies.-- + (1) In general.--The Secretary of State, the Secretary of + Commerce, and the Chairman of the Commission, or their designees, + shall consider how to enhance representation of the United States + at international forums that set standards for 5G networks and for + future generations of wireless communications networks, including-- + (A) the International Telecommunication Union (commonly + known as ``ITU''); + (B) the International Organization for Standardization + (commonly known as ``ISO''); + (C) the Inter-American Telecommunication Commission + (commonly known as ``CITEL''); and + (D) the voluntary standards organizations that develop + protocols for wireless devices and other equipment, such as the + 3GPP and the Institute of Electrical and Electronics Engineers + (commonly known as ``IEEE''). + (2) Annual report.--The Secretary of State, the Secretary of + Commerce, and the Chairman of the Commission shall jointly submit + to the relevant committees of Congress an annual report on the + progress made under paragraph (1). + (c) Definitions.-- In this section: + (1) The term ``3GPP'' means the Third Generation Partnership + Project. + (2) The term ``5G network'' means a radio network as described + by 3GPP Release 15 or higher. + (3) The term ``Commission'' means the Federal Communications + Commission. + (4) The term ``NTIA Administrator'' means the Assistant + Secretary of Commerce for Communications and Information. + (5) The term ``Open-RAN'' means the Open Radio Access Network + approach to standardization adopted by the O-RAN Alliance, Telecom + Infra Project, or 3GPP, or any similar set of open standards for + multi-vendor network equipment interoperability. + (6) The term ``relevant committees of Congress'' means-- + (A) the Select Committee on Intelligence of the Senate; + (B) the Committee on Foreign Relations of the Senate; + (C) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (D) the Committee on Armed Services of the Senate; + (E) the Committee on Commerce, Science, and Transportation + of the Senate; + (F) the Committee on Appropriations of the Senate; + (G) the Permanent Select Committee on Intelligence of the + House of Representatives; + (H) the Committee on Foreign Affairs of the House of + Representatives; + (I) the Committee on Homeland Security of the House of + Representatives; + (J) the Committee on Armed Services of the House of + Representatives; + (K) the Committee on Energy and Commerce of the House of + Representatives; and + (L) the Committee on Appropriations of the House of + Representatives. + (7) The term ``Secretary'' means the Secretary of Commerce. +SEC. 9203. SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION EFFORTS. + (a) Initial Interagency Spectrum Information Technology +Coordination.--Not later than 90 days after the date of the enactment +of this Act, the Assistant Secretary of Commerce for Communications and +Information, in consultation with the Policy and Plans Steering Group, +shall identify a process to establish goals, including parameters to +measure the achievement of such goals, for the modernization of the +infrastructure of covered agencies relating to managing the use of +Federal spectrum by such agencies, which shall include-- + (1) the standardization of data inputs, modeling algorithms, + modeling and simulation processes, analysis tools with respect to + Federal spectrum, assumptions, and any other tool to ensure + interoperability and functionality with respect to such + infrastructure; + (2) other potential innovative technological capabilities with + respect to such infrastructure, including cloud-based databases, + artificial intelligence technologies, automation, and improved + modeling and simulation capabilities; + (3) ways to improve the management of the use of Federal + spectrum by covered agencies through such infrastructure, including + by-- + (A) increasing the efficiency of such infrastructure; + (B) addressing validation of usage with respect to such + infrastructure; + (C) increasing the accuracy of such infrastructure; + (D) validating models used by such infrastructure; and + (E) monitoring and enforcing requirements that are imposed + on covered agencies with respect to the use of Federal spectrum + by covered agencies; + (4) ways to improve the ability of covered agencies to meet + mission requirements in congested environments with respect to + Federal spectrum, including as part of automated adjustments to + operations based on changing conditions in such environments; + (5) the creation of a time-based automated mechanism-- + (A) to share Federal spectrum between covered agencies to + collaboratively and dynamically increase access to Federal + spectrum by such agencies; and + (B) that could be scaled across Federal spectrum; and + (6) the collaboration between covered agencies necessary to + ensure the interoperability of Federal spectrum. + (b) Spectrum Information Technology Modernization.-- + (1) In general.--Not later than 240 days after the date of the + enactment of this Act, the Assistant Secretary of Commerce for + Communications and Information shall submit to Congress a report + that contains a plan for the National Telecommunications and + Information Administration (in this section referred to as the + ``NTIA'') to modernize and automate the infrastructure of the NTIA + relating to managing the use of Federal spectrum by covered + agencies so as to more efficiently manage such use. + (2) Contents.--The report required by paragraph (1) shall + include-- + (A) an assessment of the current, as of the date on which + such report is submitted, infrastructure of the NTIA described + in such paragraph; + (B) an acquisition strategy for the modernized + infrastructure of the NTIA described in such paragraph, + including how such modernized infrastructure will enable + covered agencies to be more efficient and effective in the use + of Federal spectrum; + (C) a timeline for the implementation of the modernization + efforts described in such paragraph; + (D) plans detailing how the modernized infrastructure of + the NTIA described in such paragraph will-- + (i) enhance the security and reliability of such + infrastructure so that the NTIA is in compliance with the + requirements of subchapter II of chapter 35 of title 44, + United States Code, with respect to such infrastructure; + (ii) improve data models and analysis tools to increase + the efficiency of the spectrum use described in such + paragraph; + (iii) enhance automation and workflows, and reduce the + scope and level of manual effort, in order to-- + + (I) administer the management of the spectrum use + described in such paragraph; and + (II) improve data quality and processing time; and + + (iv) improve the timeliness of spectrum analyses and + requests for information, including requests submitted + pursuant to section 552 of title 5, United States Code; + (E) an operations and maintenance plan with respect to the + modernized infrastructure of the NTIA described in such + paragraph; + (F) a strategy for coordination between the covered + agencies within the Policy and Plans Steering Group, which + shall include-- + (i) a description of-- - In this subtitle: - (1) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture. - (2) Wilderness area or addition.--The term ``wilderness - area or addition'' means any wilderness area or wilderness - addition designated by section 20423(a). - -SEC. 20422. NATIONAL MONUMENT BOUNDARY MODIFICATION. - - (a) In General.--The San Gabriel Mountains National Monument -established by Presidential Proclamation 9194 (54 U.S.C. 320301 note) -(referred to in this section as the ``Monument'') is modified to -include the approximately 109,167 acres of additional National Forest -System land depicted as the ``Proposed San Gabriel Mountains National -Monument Expansion'' on the map entitled ``Proposed San Gabriel -Mountains National Monument Expansion'' and dated June 26, 2019. - (b) Administration.--The Secretary shall administer the San Gabriel -Mountains National Monument, including the lands added by subsection -(a), in accordance with-- - (1) Presidential Proclamation 9194, as issued on October - 10, 2014 (54 U.S.C. 320301 note); - (2) the laws generally applicable to the Monument; and - (3) this title. - (c) Management Plan.--Within 3 years after the date of enactment of -this Act, the Secretary shall consult with State and local governments -and the interested public to update the existing San Gabriel Mountains -National Monument Plan to provide management direction and protection -for the lands added to the Monument by subsection (a). - -SEC. 20423. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS. - - (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. -1131 et seq.), the following parcels of National Forest System land in -the State are designated as wilderness and as components of the -National Wilderness Preservation System: - (1) Condor peak wilderness.--Certain Federal land in the - Angeles National Forest, comprising approximately 8,207 acres, - as generally depicted on the map entitled ``Condor Peak - Wilderness--Proposed'' and dated June 6, 2019, which shall be - known as the ``Condor Peak Wilderness''. - (2) San gabriel wilderness additions.--Certain Federal land - in the Angeles National Forest, comprising approximately 2,032 - acres, as generally depicted on the map entitled ``San Gabriel - Wilderness Additions'' and dated June 6, 2019, which is - incorporated in, and considered to be a part of, the San - Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C. - 1132 note; 82 Stat. 131). - (3) Sheep mountain wilderness additions.--Certain Federal - land in the Angeles National Forest, comprising approximately - 13,726 acres, as generally depicted on the map entitled ``Sheep - Mountain Wilderness Additions'' and dated June 6, 2019, which - is incorporated in, and considered to be a part of, the Sheep - Mountain Wilderness designated by section 101(a)(29) of the - California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 - Stat. 1623; Public Law 98-425). - (4) Yerba buena wilderness.--Certain Federal land in the - Angeles National Forest, comprising approximately 6,694 acres, - as generally depicted on the map entitled ``Yerba Buena - Wilderness--Proposed'' and dated June 6, 2019, which shall be - known as the ``Yerba Buena Wilderness''. - (b) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - the enactment of this Act, the Secretary shall file a map and a - legal description of the wilderness areas and additions with-- - (A) the Committee on Energy and Natural Resources - of the Senate; and - (B) the Committee on Natural Resources of the House - of Representatives. - (2) Force of law.--The map and legal description filed - under paragraph (1) shall have the same force and effect as if - included in this subtitle, except that the Secretary may - correct any clerical or typographical error in the map or legal - description. - (3) Public availability.--The map and legal description - filed under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the Forest - Service. - -SEC. 20424. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS. - - (a) In General.--Subject to valid existing rights, the wilderness -areas and additions shall be administered by the Secretary in -accordance with this section and the Wilderness Act (16 U.S.C. 1131 et -seq.), except that any reference in that Act to the effective date of -that Act shall be considered to be a reference to the date of the -enactment of this Act. - (b) Fire Management and Related Activities.-- - (1) In general.--The Secretary may take such measures in a - wilderness area or addition designated in section 20423 as are - necessary for the control of fire, insects, or diseases in - accordance with-- - (A) section 4(d)(1) of the Wilderness Act (16 - U.S.C. 1133(d)(1)); and - (B) House Report 98-40 of the 98th Congress. - (2) Funding priorities.--Nothing in this subtitle limits - funding for fire or fuels management in a wilderness area or - addition. - (3) Revision and development of local fire management - plans.--As soon as practicable after the date of the enactment - of this Act, the Secretary shall amend, as applicable, any - local fire management plan that applies to a wilderness area or - addition designated in section 20423. - (4) Administration.--In accordance with paragraph (1) and - any other applicable Federal law, to ensure a timely and - efficient response to a fire emergency in a wilderness area or - addition, the Secretary shall-- - (A) not later than 1 year after the date of the - enactment of this Act, establish agency approval - procedures (including appropriate delegations of - authority to the Forest Supervisor, District Manager, - or other agency officials) for responding to fire - emergencies; and - (B) enter into agreements with appropriate State or - local firefighting agencies. - (c) Grazing.--The grazing of livestock in a wilderness area or -addition, if established before the date of the enactment of this Act, -shall be administered in accordance with-- - (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. - 1133(d)(4)); and - (2) the guidelines contained in Appendix A of the report of - the Committee on Interior and Insular Affairs of the House of - Representatives accompanying H.R. 2570 of the 101st Congress - (H. Rept. 101-405). - (d) Fish and Wildlife.-- - (1) In general.--In accordance with section 4(d)(7) of the - Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle - affects the jurisdiction or responsibility of the State with - respect to fish or wildlife on public land in the State. - (2) Management activities.-- - (A) In general.--In furtherance of the purposes and - principles of the Wilderness Act (16 U.S.C. 1131 et - seq.), the Secretary may conduct any management - activity that are necessary to maintain or restore fish - or wildlife populations or habitats in the wilderness - areas and wilderness additions designated in section - 20423, if the management activities are-- - (i) consistent with relevant wilderness - management plans; and - (ii) conducted in accordance with - appropriate policies, such as the policies - established in Appendix B of the report of the - Committee on Interior and Insular Affairs of - the House of Representatives accompanying H.R. - 2570 of the 101st Congress (H. Rept. 101-405). - (B) Inclusions.--A management activity under - subparagraph (A) may include the occasional and - temporary use of motorized vehicles, if the use, as - determined by the Secretary, would promote healthy, - viable, and more naturally distributed wildlife - populations that would enhance wilderness values while - causing the minimum impact necessary to accomplish - those tasks. - (C) Existing activities.--In accordance with - section 4(d)(1) of the Wilderness Act (16 U.S.C. - 1133(d)(1)) and appropriate policies (such as the - policies established in Appendix B of House Report 101- - 405), the State may use aircraft (including - helicopters) in a wilderness area or addition to - survey, capture, transplant, monitor, or provide water - for a wildlife population, including bighorn sheep. - (e) Buffer Zones.-- - (1) In general.--Congress does not intend for the - designation of wilderness areas or wilderness additions by - section 20423 to lead to the creation of protective perimeters - or buffer zones around each wilderness area or wilderness - addition. - (2) Activities or uses up to boundaries.--The fact that a - nonwilderness activities or uses can be seen or heard from - within a wilderness area or wilderness addition designated by - section 20423 shall not, of itself, preclude the activities or - uses up to the boundary of the wilderness area or addition. - (f) Military Activities.--Nothing in this title precludes-- - (1) low-level overflights of military aircraft over the - wilderness areas or wilderness additions designated by section - 20423; - (2) the designation of new units of special airspace over - the wilderness areas or wilderness additions designated by - section 20423; or - (3) the use or establishment of military flight training - routes over wilderness areas or wilderness additions designated - by section 20423. - (g) Horses.--Nothing in this subtitle precludes horseback riding -in, or the entry of recreational or commercial saddle or pack stock -into, an area designated as a wilderness area or wilderness addition by -section 20423-- - (1) in accordance with section 4(d)(5) of the Wilderness - Act (16 U.S.C. 1133(d)(5)); and - (2) subject to such terms and conditions as the Secretary - determines to be necessary. - (h) Law Enforcement.--Nothing in this subtitle precludes any law -enforcement or drug interdiction effort within the wilderness areas or -wilderness additions designated by section 20423 in accordance with the -Wilderness Act (16 U.S.C. 1131 et seq.). - (i) Withdrawal.--Subject to valid existing rights, the wilderness -areas and additions designated by section 20423 are withdrawn from-- - (1) all forms of entry, appropriation, and disposal under - the public land laws; - (2) location, entry, and patent under the mining laws; and - (3) operation of the mineral materials and geothermal - leasing laws. - (j) Incorporation of Acquired Land and Interests.--Any land within -the boundary of a wilderness area or addition that is acquired by the -United States shall-- - (1) become part of the wilderness area or addition in which - the land is located; and - (2) be managed in accordance with this section, the - Wilderness Act (16 U.S.C. 1131 et seq.), and any other - applicable laws (including regulations). - (k) Climatological Data Collection.--In accordance with the -Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and -conditions as the Secretary may prescribe, the Secretary may authorize -the installation and maintenance of hydrologic, meteorologic, or -climatological collection devices in a wilderness area or addition if -the Secretary determines that the facilities and access to the -facilities is essential to a flood warning, flood control, or water -reservoir operation activity. - (l) Authorized Events.--The Secretary of Agriculture may authorize -the Angeles Crest 100 competitive running event to continue in -substantially the same manner and degree in which this event was -operated and permitted in 2015 within additions to the Sheep Mountain -Wilderness in section 20423 of this title and the Pleasant View Ridge -Wilderness Area designated by section 1802 of the Omnibus Public Land -Management Act of 2009, provided that the event is authorized and -conducted in a manner compatible with the preservation of the areas as -wilderness. - -SEC. 20425. DESIGNATION OF WILD AND SCENIC RIVERS. - - (a) Designation.--Section 3(a) of the National Wild and Scenic -Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the -following: - ``(__) East fork san gabriel river, california.--The - following segments of the East Fork San Gabriel River, to be - administered by the Secretary of Agriculture in the following - classes: - ``(A) The 10-mile segment from the confluence of - the Prairie Fork and Vincent Gulch to 100 yards - upstream of the Heaton Flats trailhead and day use - area, as a wild river. - ``(B) The 2.7-mile segment from 100 yards upstream - of the Heaton Flats trailhead and day use area to 100 - yards upstream of the confluence with Williams Canyon, - as a recreational river. - ``(__) North fork san gabriel river, california.--The 4.3- - mile segment of the North Fork San Gabriel River from the - confluence with Cloudburst Canyon to 0.25 miles upstream of the - confluence with the West Fork San Gabriel River, to be - administered by the Secretary of Agriculture as a recreational - river. - ``(__) West fork san gabriel river, california.--The - following segments of the West Fork San Gabriel River, to be - administered by the Secretary of Agriculture in the following - classes: - ``(A) The 6.7-mile segment from 0.25 miles - downstream of its source near Red Box Gap in sec. 14, - T. 2 N., R. 12 W., to the confluence with the unnamed - tributary 0.25 miles downstream of the power lines in - sec. 22, T. 2 N., R. 11 W., as a recreational river. - ``(B) The 1.6-mile segment of the West Fork from - 0.25 miles downstream of the powerlines in sec. 22, T. - 2 N., R. 11 W., to the confluence with Bobcat Canyon, - as a wild river. - ``(__) Little rock creek, california.--The following - segments of Little Rock Creek and tributaries, to be - administered by the Secretary of Agriculture in the following - classes: - ``(A) The 10.3-mile segment from its source on Mt. - Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards - upstream of the confluence with the South Fork Little - Rock Creek, as a wild river. - ``(B) The 6.6-mile segment from 100 yards upstream - of the confluence with the South Fork Little Rock Creek - to the confluence with Santiago Canyon, as a - recreational river. - ``(C) The 1-mile segment of Cooper Canyon Creek - from 0.25 miles downstream of Highway 2 to 100 yards - downstream of Cooper Canyon Campground, as a scenic - river. - ``(D) The 1.3-mile segment of Cooper Canyon Creek - from 100 yards downstream of Cooper Canyon Campground - to the confluence with Little Rock Creek, as a wild - river. - ``(E) The 1-mile segment of Buckhorn Creek from 100 - yards downstream of the Buckhorn Campground to its - confluence with Cooper Canyon Creek, as a wild - river.''. - (b) Water Resource Facilities; and Water Use.-- - (1) Water resource facilities.-- - (A) Definition.--In this section, the term ``water - resource facility'' means irrigation and pumping - facilities, dams and reservoirs, flood control - facilities, water conservation works and facilities, - including debris protection facilities, sediment - placement sites, rain gauges and stream gauges, water - quality facilities, recycled water facilities and water - pumping, conveyance distribution systems, water storage - tanks and reservoirs, and water treatment facilities, - aqueducts, canals, ditches, pipelines, wells, - hydropower projects, and transmission and other - ancillary facilities, groundwater recharge facilities, - water conservation, water filtration plants, and other - water diversion, conservation, groundwater recharge, - storage, and carriage structures. - (B) No effect on existing water resource - facilities.--Nothing in this section shall alter, - modify, or affect-- - (i) the use, operation, maintenance, - repair, construction, destruction, - reconfiguration, expansion, relocation or - replacement of a water resource facility - downstream of a wild and scenic river segment - designated by this section, provided that the - physical structures of such facilities or - reservoirs shall not be located within the - river areas designated in this section; or - (ii) access to a water resource facility - downstream of a wild and scenic river segment - designated by this section. - (C) No effect on new water resource facilities.-- - Nothing in this section shall preclude the - establishment of a new water resource facilities - (including instream sites, routes, and areas) - downstream of a wild and scenic river segment. - (2) Limitation.--Any new reservation of water or new use of - water pursuant to existing water rights held by the United - States to advance the purposes of the National Wild and Scenic - Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive - instream use only within the segments designated by this - section. - (3) Existing law.--Nothing in this section affects the - implementation of the Endangered Species Act of 1973 (16 U.S.C. - 1531 et seq.). - -SEC. 20426. WATER RIGHTS. - - (a) Statutory Construction.--Nothing in this title, and no action -to implement this title-- - (1) shall constitute an express or implied reservation of - any water or water right, or authorizing an expansion of water - use pursuant to existing water rights held by the United - States, with respect to the San Gabriel Mountains National - Monument, the land designated as a wilderness area or - wilderness addition by section 20423 or land adjacent to the - wild and scenic river segments designated by the amendment made - by section 20425; - (2) shall affect, alter, modify, or condition any water - rights in the State in existence on the date of the enactment - of this Act, including any water rights held by the United - States; - (3) shall be construed as establishing a precedent with - regard to any future wilderness or wild and scenic river - designations; - (4) shall affect, alter, or modify the interpretation of, - or any designation, decision, adjudication or action made - pursuant to, any other Act; or - (5) shall be construed as limiting, altering, modifying, or - amending any of the interstate compacts or equitable - apportionment decrees that apportions water among or between - the State and any other State. - (b) State Water Law.--The Secretary shall comply with applicable -procedural and substantive requirements of the law of the State in -order to obtain and hold any water rights not in existence on the date -of the enactment of this Act with respect to the San Gabriel Mountains -National Monument, wilderness areas and wilderness additions designated -by section 20423, and the wild and scenic rivers designated by -amendment made by section 20425. - - TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION - -SEC. 20501. SHORT TITLE. - - This title may be cited as the ``Rim of the Valley Corridor -Preservation Act''. - -SEC. 20502. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION. - - (a) Boundary Adjustment.--Section 507(c)(1) of the National Parks -and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended in the -first sentence by striking ``, which shall'' and inserting `` and -generally depicted as `Rim of the Valley Unit Proposed Addition' on the -map entitled `Rim of the Valley Unit--Santa Monica Mountains National -Recreation Area', numbered 638/147,723, and dated September 2018. Both -maps shall''. - (b) Rim of the Valley Unit.--Section 507 of the National Parks and -Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the -end the following: - ``(u) Rim of the Valley Unit.--(1) Not later than 3 years after the -date of the enactment of this subsection, the Secretary shall update -the general management plan for the recreation area to reflect the -boundaries designated on the map referred to in subsection (c)(1) as -the `Rim of the Valley Unit' (hereafter in the subsection referred to -as the `Rim of the Valley Unit'). Subject to valid existing rights, the -Secretary shall administer the Rim of the Valley Unit, and any land or -interest in land acquired by the United States and located within the -boundaries of the Rim of the Valley Unit, as part of the recreation -area in accordance with the provisions of this section and applicable -laws and regulations. - ``(2) The Secretary may acquire non-Federal land within the -boundaries of the Rim of the Valley Unit only through exchange, -donation, or purchase from a willing seller. Nothing in this subsection -authorizes the use of eminent domain to acquire land or interests in -land. - ``(3) Nothing in this subsection or the application of the -management plan for the Rim of the Valley Unit shall be construed to-- - ``(A) modify any provision of Federal, State, or local law - with respect to public access to or use of non-Federal land; - ``(B) create any liability, or affect any liability under - any other law, of any private property owner or other owner of - non-Federal land with respect to any person injured on private - property or other non-Federal land; - ``(C) affect the ownership, management, or other rights - relating to any non-Federal land (including any interest in any - non-Federal land); - ``(D) require any local government to participate in any - program administered by the Secretary; - ``(E) alter, modify, or diminish any right, responsibility, - power, authority, jurisdiction, or entitlement of the State, - any political subdivision of the State, or any State or local - agency under existing Federal, State, and local law (including - regulations); - ``(F) require the creation of protective perimeters or - buffer zones, and the fact that certain activities or land can - be seen or heard from within the Rim of the Valley Unit shall - not, of itself, preclude the activities or land uses up to the - boundary of the Rim of the Valley Unit; - ``(G) require or promote use of, or encourage trespass on, - lands, facilities, and rights-of-way owned by non-Federal - entities, including water resource facilities and public - utilities, without the written consent of the owner; - ``(H) affect the operation, maintenance, modification, - construction, or expansion of any water resource facility or - utility facility located within or adjacent to the Rim of the - Valley Unit; - ``(I) terminate the fee title to lands or customary - operation, maintenance, repair, and replacement activities on - or under such lands granted to public agencies that are - authorized pursuant to Federal or State statute; - ``(J) interfere with, obstruct, hinder, or delay the - exercise of any right to, or access to any water resource - facility or other facility or property necessary or useful to - access any water right to operate any public water or utility - system; - ``(K) require initiation or reinitiation of consultation - with the United States Fish and Wildlife Service under, or the - application of provisions of, the Endangered Species Act of - 1973 (16 U.S.C. 1531 et seq.), the National Environmental - Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of - subtitle III of title 54, United States Code, concerning any - action or activity affecting water, water rights or water - management or water resource facilities within the Rim of the - Valley Unit; or - ``(L) limit the Secretary's ability to update applicable - fire management plans, which may consider fuels management - strategies including managed natural fire, prescribed fires, - non-fire mechanical hazardous fuel reduction activities, or - post-fire remediation of damage to natural and cultural - resources. - ``(4) The activities of a utility facility or water resource -facility shall take into consideration ways to reasonably avoid or -reduce the impact on the resources of the Rim of the Valley Unit. - ``(5) For the purpose of paragraph (4)-- - ``(A) the term `utility facility' means electric - substations, communication facilities, towers, poles, and - lines, ground wires, communications circuits, and other - structures, and related infrastructure; and - ``(B) the term `water resource facility' means irrigation - and pumping facilities; dams and reservoirs; flood control - facilities; water conservation works, including debris - protection facilities, sediment placement sites, rain gauges, - and stream gauges; water quality, recycled water, and pumping - facilities; conveyance distribution systems; water treatment - facilities; aqueducts; canals; ditches; pipelines; wells; - hydropower projects; transmission facilities; and other - ancillary facilities, groundwater recharge facilities, water - conservation, water filtration plants, and other water - diversion, conservation, groundwater recharge, storage, and - carriage structures.''. - - TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS - -SEC. 20601. SHORT TITLE. - - This title may be cited as the ``Wild Olympics Wilderness and Wild -and Scenic Rivers Act''. - -SEC. 20602. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS. - - (a) In General.--In furtherance of the Wilderness Act (16 U.S.C. -1131 et seq.), the following Federal land in the Olympic National -Forest in the State of Washington comprising approximately 126,554 -acres, as generally depicted on the map entitled ``Proposed Wild -Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8, -2019 (referred to in this section as the ``map''), is designated as -wilderness and as components of the National Wilderness Preservation -System: - (1) Lost creek wilderness.--Certain Federal land managed by - the Forest Service, comprising approximately 7,159 acres, as - generally depicted on the map, which shall be known as the - ``Lost Creek Wilderness''. - (2) Rugged ridge wilderness.--Certain Federal land managed - by the Forest Service, comprising approximately 5,956 acres, as - generally depicted on the map, which shall be known as the - ``Rugged Ridge Wilderness''. - (3) Alckee creek wilderness.--Certain Federal land managed - by the Forest Service, comprising approximately 1,787 acres, as - generally depicted on the map, which shall be known as the - ``Alckee Creek Wilderness''. - (4) Gates of the elwha wilderness.--Certain Federal land - managed by the Forest Service, comprising approximately 5,669 - acres, as generally depicted on the map, which shall be known - as the ``Gates of the Elwha Wilderness''. - (5) Buckhorn wilderness additions.--Certain Federal land - managed by the Forest Service, comprising approximately 21,965 - acres, as generally depicted on the map, is incorporated in, - and shall be managed as part of, the ``Buckhorn Wilderness'', - as designated by section 3 of the Washington State Wilderness - Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339). - (6) Green mountain wilderness.--Certain Federal land - managed by the Forest Service, comprising approximately 4,790 - acres, as generally depicted on the map, which shall be known - as the ``Green Mountain Wilderness''. - (7) The brothers wilderness additions.--Certain land - managed by the Forest Service, comprising approximately 8,625 - acres, as generally depicted on the map, is incorporated in, - and shall be managed as part of, the ``The Brothers - Wilderness'', as designated by section 3 of the Washington - State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law - 98-339). - (8) Mount skokomish wilderness additions.--Certain land - managed by the Forest Service, comprising approximately 8,933 - acres, as generally depicted on the map, is incorporated in, - and shall be managed as part of, the ``Mount Skokomish - Wilderness'', as designated by section 3 of the Washington - State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law - 98-339). - (9) Wonder mountain wilderness additions.--Certain land - managed by the Forest Service, comprising approximately 26,517 - acres, as generally depicted on the map, is incorporated in, - and shall be managed as part of, the ``Wonder Mountain - Wilderness'', as designated by section 3 of the Washington - State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law - 98-339). - (10) Moonlight dome wilderness.--Certain Federal land - managed by the Forest Service, comprising approximately 9,117 - acres, as generally depicted on the map, which shall be known - as the ``Moonlight Dome Wilderness''. - (11) South quinault ridge wilderness.--Certain Federal land - managed by the Forest Service, comprising approximately 10,887 - acres, as generally depicted on the map, which shall be known - as the ``South Quinault Ridge Wilderness''. - (12) Colonel bob wilderness additions.--Certain Federal - land managed by the Forest Service, comprising approximately - 353 acres, as generally depicted on the map, is incorporated - in, and shall be managed as part of, the ``Colonel Bob - Wilderness'', as designated by section 3 of the Washington - State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law - 98-339). - (13) Sam's river wilderness.--Certain Federal land managed - by the Forest Service, comprising approximately 13,418 acres, - as generally depicted on the map, which shall be known as the - ``Sam's River Wilderness''. - (14) Canoe creek wilderness.--Certain Federal land managed - by the Forest Service, comprising approximately 1,378 acres, as - generally depicted on the map, which shall be known as the - ``Canoe Creek Wilderness''. - (b) Administration.-- - (1) Management.--Subject to valid existing rights, the land - designated as wilderness by subsection (a) shall be - administered by the Secretary of Agriculture (referred to in - this section as the ``Secretary''), in accordance with the - Wilderness Act (16 U.S.C. 1131 et seq.), except that any - reference in that Act to the effective date of that Act shall - be considered to be a reference to the date of enactment of - this Act. - (2) Map and description.-- - (A) In general.--As soon as practicable after the - date of enactment of this Act, the Secretary shall file - a map and a legal description of the land designated as - wilderness by subsection (a) with-- - (i) the Committee on Natural Resources of - the House of Representatives; and - (ii) the Committee on Energy and Natural - Resources of the Senate. - (B) Effect.--Each map and legal description filed - under subparagraph (A) shall have the same force and - effect as if included in this title, except that the - Secretary may correct minor errors in the map and legal - description. - (C) Public availability.--Each map and legal - description filed under subparagraph (A) shall be filed - and made available for public inspection in the - appropriate office of the Forest Service. - (c) Potential Wilderness.-- - (1) In general.--In furtherance of the purposes of the - Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land - managed by the Forest Service, comprising approximately 5,346 - acres as identified as ``Potential Wilderness'' on the map, is - designated as potential wilderness. - (2) Designation as wilderness.--On the date on which the - Secretary publishes in the Federal Register notice that any - nonconforming uses in the potential wilderness designated by - paragraph (1) have terminated, the potential wilderness shall - be-- - (A) designated as wilderness and as a component of - the National Wilderness Preservation System; and - (B) incorporated into the adjacent wilderness area. - (d) Adjacent Management.-- - (1) No protective perimeters or buffer zones.--The - designations in this section shall not create a protective - perimeter or buffer zone around any wilderness area. - (2) Nonconforming uses permitted outside of boundaries of - wilderness areas.--Any activity or use outside of the boundary - of any wilderness area designated under this section shall be - permitted even if the activity or use would be seen or heard - within the boundary of the wilderness area. - (e) Fire, Insects, and Diseases.--The Secretary may take such -measures as are necessary to control fire, insects, and diseases, in -the wilderness areas designated by this section, in accordance with -section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and -subject to such terms and conditions as the Secretary determines to be -appropriate. + (I) such coordination efforts, as in effect on the + date on which such report is submitted; and + (II) a plan for coordination of such efforts after + the date on which such report is submitted, including + with respect to the efforts described in subsection + (c); + + (ii) a plan for standardizing-- + + (I) electromagnetic spectrum analysis tools; + (II) modeling and simulation processes and + technologies; and + (III) databases to provide technical interference + assessments that are usable across the Federal + Government as part of a common spectrum management + infrastructure for covered agencies; and + + (iii) a plan for each covered agency to implement a + modernization plan described in subsection (c)(1) that is + tailored to the particular timeline of such agency; + (G) identification of manually intensive processes involved + in managing Federal spectrum and proposed enhancements to such + processes; + (H) metrics to evaluate the success of the modernization + efforts described in such paragraph and any similar future + efforts; and + (I) an estimate of the cost of the modernization efforts + described in such paragraph and any future maintenance with + respect to the modernized infrastructure of the NTIA described + in such paragraph, including the cost of any personnel and + equipment relating to such maintenance. + (c) Covered Agency Spectrum Information Technology Modernization.-- + (1) In general.--Not later than 1 year after the date of the + enactment of this Act, the head of each covered agency shall submit + to the Assistant Secretary of Commerce for Communications and + Information and the Policy and Plans Steering Group a report that + describes a plan for such agency to modernize the infrastructure of + such agency with respect to the use of Federal spectrum by such + agency so that such modernized infrastructure of such agency is + interoperable with the modernized infrastructure of the NTIA, as + described in subsection (b). + (2) Contents.--Each report submitted by the head of a covered + agency under paragraph (1) shall-- + (A) include-- + (i) an assessment of the current, as of the date on + which such report is submitted, management capabilities of + such agency with respect to the use of frequencies that are + assigned to such agency, which shall include a description + of any challenges faced by such agency with respect to such + management; + (ii) a timeline for completion of the modernization + efforts described in such paragraph; + (iii) a description of potential innovative + technological capabilities for the management of + frequencies that are assigned to such agency, as determined + under subsection (a); + (iv) identification of agency-specific requirements or + constraints relating to the infrastructure of such agency; + (v) identification of any existing, as of the date on + which such report is submitted, systems of such agency that + are duplicative of the modernized infrastructure of the + NTIA, as described in subsection (b); and + (vi) with respect to the report submitted by the + Secretary of Defense-- + + (I) a strategy for the integration of systems or + the flow of data among the Armed Forces, the military + departments, the Defense Agencies and Department of + Defense Field Activities, and other components of the + Department of Defense; + (II) a plan for the implementation of solutions to + the use of Federal spectrum by the Department of + Defense involving information at multiple levels of + classification; and + (III) a strategy for addressing, within the + modernized infrastructure of the Department of Defense + described in such paragraph, the exchange of + information between the Department of Defense and the + NTIA in order to accomplish required processing of all + Department of Defense domestic spectrum coordination + and management activities; and + + (B) be submitted in an unclassified format, with a + classified annex, as appropriate. + (3) Notification of congress.--Upon submission of a report + under paragraph (1), the head of a covered agency shall notify + Congress that such report has been submitted. + (d) GAO Oversight.--The Comptroller General of the United States +shall-- + (1) not later than 180 days after the date of the enactment of + this Act, conduct a review of the infrastructure of covered + agencies, as such infrastructure exists on the date of the + enactment of this Act; + (2) upon submission of all of the reports required by + subsection (c), begin conducting oversight of the implementation of + the modernization plans submitted by the Assistant Secretary and + covered agencies under subsections (b) and (c), respectively; + (3) not later than 2 years after the date on which the + Comptroller General begins conducting oversight under paragraph + (2), and biennially thereafter until December 31, 2030, submit a + report regarding such oversight to-- + (A) with respect to the implementation of the modernization + plan of the Department of Defense, the Committee on Armed + Services of the Senate and the Committee on Armed Services of + the House of Representatives; and + (B) with respect to the implementation of the modernization + plans of all covered agencies, including the Department of + Defense, the Committee on Commerce, Science, and Transportation + of the Senate and the Committee on Energy and Commerce of the + House of Representatives; and + (4) until December 31, 2030, provide regular briefings to-- + (A) with respect to the application of this section to the + Department of Defense, the Committee on Armed Services of the + Senate and the Committee on Armed Services of the House of + Representatives; and + (B) with respect to the application of this section to all + covered agencies, including the Department of Defense, the + Committee on Commerce, Science, and Transportation of the + Senate and the Committee on Energy and Commerce of the House of + Representatives. + (e) Definitions.--In this section: + (1) The term ``covered agency''-- + (A) means any Federal entity that the Assistant Secretary + of Commerce for Communications and Information determines is + appropriate; and + (B) includes the Department of Defense. + (2) The term ``Federal entity'' has the meaning given such term + in section 113(l) of the National Telecommunications and + Information Administration Organization Act (47 U.S.C. 923(l)). + (3) The term ``Federal spectrum'' means frequencies assigned on + a primary basis to a covered agency. + (4) The term ``infrastructure'' means information technology + systems and information technologies, tools, and databases. +SEC. 9204. INTERNET OF THINGS. + (a) Definitions.--In this section: + (1) Commission.--The term ``Commission'' means the Federal + Communications Commission. + (2) Secretary.--The term ``Secretary'' means the Secretary of + Commerce. + (3) Steering committee.--The term ``steering committee'' means + the steering committee established under subsection (b)(5)(A). + (4) Working group.--The term ``working group'' means the + working group convened under subsection (b)(1). + (b) Federal Working Group.-- + (1) In general.--The Secretary shall convene a working group of + Federal stakeholders for the purpose of providing recommendations + and a report to Congress relating to the aspects of the Internet of + Things described in paragraph (2). + (2) Duties.--The working group shall-- + (A) identify any Federal regulations, statutes, grant + practices, budgetary or jurisdictional challenges, and other + sector-specific policies that are inhibiting, or could inhibit, + the development or deployment of the Internet of Things; + (B) consider policies or programs that encourage and + improve coordination among Federal agencies that have + responsibilities that are relevant to the objectives of this + section; + (C) consider any findings or recommendations made by the + steering committee and, where appropriate, act to implement + those recommendations; + (D) examine-- + (i) how Federal agencies can benefit from utilizing the + Internet of Things; + (ii) the use of Internet of Things technology by + Federal agencies as of the date on which the working group + performs the examination; + (iii) the preparedness and ability of Federal agencies + to adopt Internet of Things technology as of the date on + which the working group performs the examination and in the + future; and + (iv) any additional security measures that Federal + agencies may need to take to-- + + (I) safely and securely use the Internet of Things, + including measures that ensure the security of critical + infrastructure; and + (II) enhance the resiliency of Federal systems + against cyber threats to the Internet of Things; and + + (E) in carrying out the examinations required under + subclauses (I) and (II) of subparagraph (D)(iv), ensure to the + maximum extent possible the coordination of the current and + future activities of the Federal Government relating to + security with respect to the Internet of Things. + (3) Agency representatives.--In convening the working group + under paragraph (1), the Secretary shall have discretion to appoint + representatives from Federal agencies and departments as + appropriate and shall specifically consider seeking representation + from-- + (A) the Department of Commerce, including-- + (i) the National Telecommunications and Information + Administration; + (ii) the National Institute of Standards and + Technology; and + (iii) the National Oceanic and Atmospheric + Administration; + (B) the Department of Transportation; + (C) the Department of Homeland Security; + (D) the Office of Management and Budget; + (E) the National Science Foundation; + (F) the Commission; + (G) the Federal Trade Commission; + (H) the Office of Science and Technology Policy; + (I) the Department of Energy; and + (J) the Federal Energy Regulatory Commission. + (4) Nongovernmental stakeholders.--The working group shall + consult with nongovernmental stakeholders with expertise relating + to the Internet of Things, including-- + (A) the steering committee; + (B) information and communications technology + manufacturers, suppliers, service providers, and vendors; + (C) subject matter experts representing industrial sectors + other than the technology sector that can benefit from the + Internet of Things, including the transportation, energy, + agriculture, and health care sectors; + (D) small, medium, and large businesses; + (E) think tanks and academia; + (F) nonprofit organizations and consumer groups; + (G) security experts; + (H) rural stakeholders; and + (I) other stakeholders with relevant expertise, as + determined by the Secretary. + (5) Steering committee.-- + (A) Establishment.--There is established within the + Department of Commerce a steering committee to advise the + working group. + (B) Duties.--The steering committee shall advise the + working group with respect to-- + (i) the identification of any Federal regulations, + statutes, grant practices, programs, budgetary or + jurisdictional challenges, and other sector-specific + policies that are inhibiting, or could inhibit, the + development of the Internet of Things; + (ii) situations in which the use of the Internet of + Things is likely to deliver significant and scalable + economic and societal benefits to the United States, + including benefits from or to-- + + (I) smart traffic and transit technologies; + (II) augmented logistics and supply chains; + (III) sustainable infrastructure; + (IV) precision agriculture; + (V) environmental monitoring; + (VI) public safety; and + (VII) health care; + + (iii) whether adequate spectrum is available to support + the growing Internet of Things and what legal or regulatory + barriers may exist to providing any spectrum needed in the + future; + (iv) policies, programs, or multi-stakeholder + activities that-- + + (I) promote or are related to the privacy of + individuals who use or are affected by the Internet of + Things; + (II) may enhance the security of the Internet of + Things, including the security of critical + infrastructure; + (III) may protect users of the Internet of Things; + and + (IV) may encourage coordination among Federal + agencies with jurisdiction over the Internet of Things; + + (v) the opportunities and challenges associated with + the use of Internet of Things technology by small + businesses; and + (vi) any international proceeding, international + negotiation, or other international matter affecting the + Internet of Things to which the United States is or should + be a party. + (C) Membership.--The Secretary shall appoint to the + steering committee members representing a wide range of + stakeholders outside of the Federal Government with expertise + relating to the Internet of Things, including-- + (i) information and communications technology + manufacturers, suppliers, service providers, and vendors; + (ii) subject matter experts representing industrial + sectors other than the technology sector that can benefit + from the Internet of Things, including the transportation, + energy, agriculture, and health care sectors; + (iii) small, medium, and large businesses; + (iv) think tanks and academia; + (v) nonprofit organizations and consumer groups; + (vi) security experts; + (vii) rural stakeholders; and + (viii) other stakeholders with relevant expertise, as + determined by the Secretary. + (D) Report.--Not later than 1 year after the date of + enactment of this Act, the steering committee shall submit to + the working group a report that includes any findings or + recommendations of the steering committee. + (E) Independent advice.-- + (i) In general.--The steering committee shall set the + agenda of the steering committee in carrying out the duties + of the steering committee under subparagraph (B). + (ii) Suggestions.--The working group may suggest topics + or items for the steering committee to study, and the + steering committee shall take those suggestions into + consideration in carrying out the duties of the steering + committee. + (iii) Report.--The steering committee shall ensure that + the report submitted under subparagraph (D) is the result + of the independent judgment of the steering committee. + (F) No compensation for members.--A member of the steering + committee shall serve without compensation. + (G) Termination.--The steering committee shall terminate on + the date on which the working group submits the report under + paragraph (6). + (6) Report to congress.-- + (A) In general.--Not later than 18 months after the date of + enactment of this Act, the working group shall submit to + Congress a report that includes-- + (i) the findings and recommendations of the working + group with respect to the duties of the working group under + paragraph (2); + (ii) the report submitted by the steering committee + under paragraph (5)(D), as the report was received by the + working group; + (iii) recommendations for action or reasons for + inaction, as applicable, with respect to each + recommendation made by the steering committee in the report + submitted under paragraph (5)(D); and + (iv) an accounting of any progress made by Federal + agencies to implement recommendations made by the working + group or the steering committee. + (B) Copy of report.--The working group shall submit a copy + of the report described in subparagraph (A) to-- + (i) the Committee on Commerce, Science, and + Transportation and the Committee on Energy and Natural + Resources of the Senate; + (ii) the Committee on Energy and Commerce of the House + of Representatives; and + (iii) any other committee of Congress, upon request to + the working group. + (c) Assessing Spectrum Needs.-- + (1) In general.--The Commission, in consultation with the + National Telecommunications and Information Administration, shall + issue a notice of inquiry seeking public comment on the current, as + of the date of enactment of this Act, and future spectrum needs to + enable better connectivity relating to the Internet of Things. + (2) Requirements.--In issuing the notice of inquiry under + paragraph (1), the Commission shall seek comments that consider and + evaluate-- + (A) whether adequate spectrum is available, or is planned + for allocation, for commercial wireless services that could + support the growing Internet of Things; + (B) if adequate spectrum is not available for the purposes + described in subparagraph (A), how to ensure that adequate + spectrum is available for increased demand with respect to the + Internet of Things; + (C) what regulatory barriers may exist to providing any + needed spectrum that would support uses relating to the + Internet of Things; and + (D) what the role of unlicensed and licensed spectrum is + and will be in the growth of the Internet of Things. + (3) Report.--Not later than 1 year after the date of enactment + of this Act, the Commission shall submit to the Committee on + Commerce, Science, and Transportation of the Senate and the + Committee on Energy and Commerce of the House of Representatives a + report summarizing the comments submitted in response to the notice + of inquiry issued under paragraph (1). + + TITLE XCIII--INTELLIGENCE MATTERS + +Sec. 9301. Requirement for facilitation of establishment of social media + data and threat analysis center. +Sec. 9302. Independent study on identifying and addressing threats that + individually or collectively affect national security, + financial security, or both. +SEC. 9301. REQUIREMENT FOR FACILITATION OF ESTABLISHMENT OF SOCIAL +MEDIA DATA AND THREAT ANALYSIS CENTER. + (a) Requirement to Facilitate Establishment.--Subsection (c)(1) of +section 5323 of the Damon Paul Nelson and Matthew Young Pollard +Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 +(division E of Public Law 116-92; 50 U.S.C. 3369) is amended-- + (1) by striking ``The Director'' and inserting ``Not later than + June 1, 2021, the Director''; and + (2) by striking ``may'' and inserting ``shall''. + (b) Reporting on Foreign Malign Influence Campaigns on Social Media +Platforms Targeting Elections for Federal Office.--Such section is +amended-- + (1) by redesignating subsections (f) and (g) as subsections (g) + and (h), respectively; and + (2) by inserting after subsection (e) the following new + subsection (f): + ``(f) Foreign Malign Influence Campaigns on Social Media Platforms +Targeting Elections for Federal Office.-- + ``(1) Reports.-- + ``(A) Requirement.--Not later than 90 days before the date + of each regularly scheduled general election for Federal + office, the Director of the Center shall submit to the + appropriate congressional committees a report on foreign malign + influence campaigns on and across social media platforms + targeting such election. + ``(B) Matters included.--Each report under subparagraph (A) + shall include an analysis of the following: + ``(i) The patterns, tools, and techniques of foreign + malign influence campaigns across all platforms on social + media by a covered foreign country targeting a regularly + scheduled general election for Federal office. + ``(ii) Inauthentic accounts and `bot' networks across + platforms, including the scale to which such accounts or + networks exist, how platforms currently act to remove such + accounts or networks, and what percentage of such accounts + or networks have been removed during the period covered by + the report. + ``(iii) The estimated reach and impact of intentional + or weaponized disinformation by inauthentic accounts and + `bot' networks, including an analysis of amplification by + users and algorithmic distribution. + ``(iv) The trends of types of media that are being used + for dissemination through foreign malign influence + campaigns, including machine-manipulated media, and the + intended targeted groups. + ``(C) Initial report.--Not later than August 1, 2021, the + Director of the Center shall submit to the appropriate + congressional committees a report under subparagraph (A) + addressing the regularly scheduled general election for Federal + office occurring during 2020. + ``(D) Form.--Each report under this paragraph shall be + submitted in an unclassified form, but may include a classified + annex. + ``(2) Briefings.-- + ``(A) Requirement.--Not later than 30 days after the date + on which the Director submits to the appropriate congressional + committees a report under paragraph (1), the Director of + National Intelligence, in coordination with the Secretary of + Defense, the Secretary of Homeland Security, and the Director + of the Federal Bureau of Investigation, shall provide to such + committees a briefing assessing threats from foreign malign + influence campaigns on social media from covered countries to + the regularly scheduled general election for Federal office + covered by the report. + ``(B) Matters to be included.--Each briefing under + subparagraph (A) shall include the following: + ``(i) The patterns, tools, and techniques of foreign + malign influence campaigns across all platforms on social + media by a covered foreign country targeting a regularly + scheduled general election for Federal office. + ``(ii) An assessment of the findings from the report + for which the briefing is provided. + ``(iii) The activities and methods used to mitigate the + threats associated with such findings by the Department of + Defense, the Department of Homeland Security, or other + relevant departments or agencies of the Federal Government. + ``(iv) The steps taken by departments or agencies of + the Federal Government to cooperate with social media + companies to mitigate the threats identified.''. + (c) Definitions.--Subsection (h) of such section, as redesignated +by subsection (b) of this section, is amended to read as follows: + ``(h) Definitions.-- + ``(1) Appropriate congressional committees.--The term + `appropriate congressional committees' means-- + ``(A) the congressional intelligence committees; + ``(B) the Committee on Armed Services, the Committee on + Appropriations, the Committee on Homeland Security, the + Committee on Foreign Affairs, and the Committee on the + Judiciary of the House of Representatives; and + ``(C) the Committee on Armed Services, the Committee on + Appropriations, the Committee on Homeland Security and + Government Affairs, the Committee on Foreign Relations, and the + Committee on the Judiciary of the Senate. + ``(2) Covered foreign country and foreign malign influence.-- + The terms `covered foreign country' and `foreign malign influence' + have the meanings given those terms in section 119C of the National + Security Act of 1947 (50 U.S.C. 3059). + ``(3) Machine-manipulated media.--The term `machine-manipulated + media' has the meaning given that term in section 5724.''. + (d) Conforming Amendments.-- + (1) Reporting.--Subsection (d) of such section is amended-- + (A) in the matter preceding paragraph (1), by striking ``If + the Director'' and all that follows through ``the Center, the'' + and inserting ``The''; and + (B) in paragraph (1), by striking ``180 days after the date + of the enactment of this Act'' and inserting ``August 1, + 2021''. + (2) Funding.--Subsection (g) of such section, as redesignated + by subsection (b) of this section, is amended by striking ``fiscal + year 2020 and 2021'' and inserting ``fiscal year 2021 and 2022''. + (3) Clerical.--Such section 5323 is further amended-- + (A) in the section heading, by striking ``encouragement + of''; and + (B) in subsection (c)-- + (i) in the subsection heading, by striking + ``Authority'' and inserting ``Requirement''; and + (ii) in paragraph (1), in the paragraph heading, by + striking ``Authority'' and inserting ``Requirement''. +SEC. 9302. INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING THREATS THAT +INDIVIDUALLY OR COLLECTIVELY AFFECT NATIONAL SECURITY, FINANCIAL +SECURITY, OR BOTH. + (a) Independent Study.--Not later than 30 days after the date of +the enactment of this Act, the Director of National Intelligence, in +coordination with the Secretary of the Treasury and the heads of other +relevant departments and agencies of the Federal Government, shall seek +to enter into a contract with a federally funded research and +development center under which the center will conduct a study on +identifying and addressing threats that individually or collectively +affect national security, financial security, or both. + (b) Elements of Study.--In carrying out the study under subsection +(a), the federally funded research and development center selected +under such subsection shall-- + (1) identify threats that individually or collectively affect + national security, financial security, or both, including-- + (A) foreign influence in companies seeking to access + capital markets by conducting initial public offerings in other + countries; + (B) the use of financial instruments, markets, payment + systems, or digital assets in ways that appear legitimate but + may be part of a foreign malign strategy to weaken or undermine + the economic security of the United States; and + (C) any other known or potential threats that individually + or collectively affect national security, financial security, + or both currently or in the foreseeable future; + (2) assess the extent to which the United States Government is + currently able to identify and characterize the threats identified + under paragraph (1); + (3) assess the extent to which the United States Government is + currently able to address the risk posed by the threats identified + under paragraph (1); + (4) assess whether current levels of information sharing and + cooperation between the United States Government and allies and + partners of the United States have been helpful or can be improved + upon in order for the United States Government to identify, + characterize, and mitigate the threats identified under paragraph + (1); and + (5) recommend opportunities, and any such authorities or + resources required, to improve the efficiency and effectiveness of + the United States Government in identifying and countering the + threats identified under paragraph (1). + (c) Submission to Director of National Intelligence.--Not later +than 180 days after the date of the enactment of this Act, the +federally funded research and development center selected to conduct +the study under subsection (a) shall submit to the Director of National +Intelligence a report on the results of the study in both classified +and unclassified form. + (d) Submission to Congress.-- + (1) In general.--Not later than 30 days after the date on which + the Director of National Intelligence receives the report under + subsection (c), the Director shall submit to the appropriate + congressional committees-- + (A) a copy of the report, without change, in both + classified and unclassified form; and + (B) such comments as the Director, in coordination with the + Secretary of the Treasury and the heads of other relevant + departments and agencies of the Federal Government, may have + with respect to the report. + (2) Appropriate congressional committees.--In this subsection, + the term ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services, the Select Committee + on Intelligence, the Committee on Banking, Housing, and Urban + Affairs, the Committee on Foreign Relations, and the Committee + on Appropriations of the Senate; and + (B) the Committee on Armed Services, the Permanent Select + Committee on Intelligence, the Committee on Financial Services, + the Committee on Foreign Affairs, and the Committee on + Appropriations of the House of Representatives. -SEC. 20603. WILD AND SCENIC RIVER DESIGNATIONS. + TITLE XCIV--SCIENCE, SPACE, AND TECHNOLOGY MATTERS + + Subtitle A--Cybersecurity Matters + +Sec. 9401. Improving national initiative for cybersecurity education. +Sec. 9402. Development of standards and guidelines for improving + cybersecurity workforce of Federal agencies. +Sec. 9403. Modifications to Federal cyber scholarship-for-service + program. +Sec. 9404. Additional modifications to Federal cyber scholarship-for- + service program. +Sec. 9405. Cybersecurity in programs of the National Science Foundation. +Sec. 9406. Cybersecurity in STEM programs of the National Aeronautics + and Space Administration. +Sec. 9407. National cybersecurity challenges. + + Subtitle B--Other Matters + +Sec. 9411. Established Program to Stimulate Competitive Research. +Sec. 9412. Industries of the future. +Sec. 9413. National Institute of Standards and Technology Manufacturing + Extension Partnership program supply chain database. +Sec. 9414. Study on Chinese policies and influence in the development of + international standards for emerging technologies. +Sec. 9415. Coordination with Hollings Manufacturing Extension + Partnership Centers. + + Subtitle A--Cybersecurity Matters + +SEC. 9401. IMPROVING NATIONAL INITIATIVE FOR CYBERSECURITY EDUCATION. + (a) Program Improvements Generally.--Subsection (a) of section 401 +of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451) is +amended-- + (1) in paragraph (5), by striking ``; and'' and inserting a + semicolon; + (2) by redesignating paragraph (6) as paragraph (10); and + (3) by inserting after paragraph (5) the following: + ``(6) supporting efforts to identify cybersecurity workforce + skill gaps in public and private sectors; + ``(7) facilitating Federal programs to advance cybersecurity + education, training, and workforce development; + ``(8) in coordination with the Department of Defense, the + Department of Homeland Security, and other appropriate agencies, + considering any specific needs of the cybersecurity workforce of + critical infrastructure, including cyber physical systems and + control systems; + ``(9) advising the Director of the Office of Management and + Budget, as needed, in developing metrics to measure the + effectiveness and effect of programs and initiatives to advance the + cybersecurity workforce; and''. + (b) Strategic Plan.--Subsection (c) of such section is amended-- + (1) by striking ``The Director'' and inserting the following: + ``(1) In general.--The Director''; and + (2) by adding at the end the following: + ``(2) Requirement.--The strategic plan developed and + implemented under paragraph (1) shall include an indication of how + the Director will carry out this section.''. + (c) Cybersecurity Career Pathways.-- + (1) Identification of multiple cybersecurity career pathways.-- + In carrying out subsection (a) of such section and not later than + 540 days after the date of the enactment of this Act, the Director + of the National Institute of Standards and Technology shall, in + coordination with the Secretary of Defense, the Secretary of + Homeland Security, the Director of the Office of Personnel + Management, and the heads of other appropriate agencies, use a + consultative process with other Federal agencies, academia, and + industry to identify multiple career pathways for cybersecurity + work roles that can be used in the private and public sectors. + (2) Requirements.--The Director shall ensure that the multiple + cybersecurity career pathways identified under paragraph (1) + indicate the knowledge, skills, and abilities, including relevant + education, training, internships, apprenticeships, certifications, + and other experiences, that-- + (A) align with employers' cybersecurity skill needs, + including proficiency level requirements, for its workforce; + and + (B) prepare an individual to be successful in entering or + advancing in a cybersecurity career. + (3) Exchange program.--Consistent with requirements under + chapter 37 of title 5, United States Code, the Director of the + National Institute of Standards and Technology, in coordination + with the Director of the Office of Personnel Management, may + establish a voluntary program for the exchange of employees engaged + in one of the cybersecurity work roles identified in the National + Initiative for Cybersecurity Education (NICE) Cybersecurity + Workforce Framework (NIST Special Publication 800-181), or + successor framework, between the National Institute of Standards + and Technology and private sector institutions, including nonpublic + or commercial businesses, research institutions, or institutions of + higher education, as the Director of the National Institute of + Standards and Technology considers feasible. + (d) Proficiency to Perform Cybersecurity Tasks.--Not later than 540 +days after the date of the enactment of this Act, the Director of the +National Institute of Standards and Technology shall, in coordination +with the Secretary of Defense, the Secretary of Homeland Security, and +the heads of other appropriate agencies-- + (1) in carrying out subsection (a) of such section, assess the + scope and sufficiency of efforts to measure an individual's + capability to perform specific tasks found in the National + Initiative for Cybersecurity Education (NICE) Cybersecurity + Workforce Framework (NIST Special Publication 800-181) at all + proficiency levels; and + (2) submit to Congress a report-- + (A) on the findings of the Director with respect to the + assessment carried out under paragraph (1); and + (B) with recommendations for effective methods for + measuring the cybersecurity proficiency of learners. + (e) Cybersecurity Metrics.--Such section is further amended by +adding at the end the following: + ``(e) Cybersecurity Metrics.--In carrying out subsection (a), the +Director of the Office of Management and Budget may seek input from the +Director of the National Institute of Standards and Technology, in +coordination with the Department of Homeland Security, the Department +of Defense, the Office of Personnel Management, and such agencies as +the Director of the National Institute of Standards and Technology +considers relevant, to develop quantifiable metrics for evaluating +Federally funded cybersecurity workforce programs and initiatives based +on the outcomes of such programs and initiatives.''. + (f) Regional Alliances and Multistakeholder Partnerships.--Such +section is further amended by adding at the end the following: + ``(f) Regional Alliances and Multistakeholder Partnerships.-- + ``(1) In general.--Pursuant to section 2(b)(4) of the National + Institute of Standards and Technology Act (15 U.S.C. 272(b)(4)), + the Director shall establish cooperative agreements between the + National Initiative for Cybersecurity Education (NICE) of the + Institute and regional alliances or partnerships for cybersecurity + education and workforce. + ``(2) Agreements.--The cooperative agreements established under + paragraph (1) shall advance the goals of the National Initiative + for Cybersecurity Education Cybersecurity Workforce Framework (NIST + Special Publication 800-181), or successor framework, by + facilitating local and regional partnerships to-- + ``(A) identify the workforce needs of the local economy and + classify such workforce in accordance with such framework; + ``(B) identify the education, training, apprenticeship, and + other opportunities available in the local economy; and + ``(C) support opportunities to meet the needs of the local + economy. + ``(3) Financial assistance.-- + ``(A) Financial assistance authorized.--The Director may + award financial assistance to a regional alliance or + partnership with whom the Director enters into a cooperative + agreement under paragraph (1) in order to assist the regional + alliance or partnership in carrying out the terms of the + cooperative agreement. + ``(B) Amount of assistance.--The aggregate amount of + financial assistance awarded under subparagraph (A) per + cooperative agreement shall not exceed $200,000. + ``(C) Matching requirement.--The Director may not award + financial assistance to a regional alliance or partnership + under subparagraph (A) unless the regional alliance or + partnership agrees that, with respect to the costs to be + incurred by the regional alliance or partnership in carrying + out the cooperative agreement for which the assistance was + awarded, the regional alliance or partnership will make + available (directly or through donations from public or private + entities) non-Federal contributions, including in-kind + contributions, in an amount equal to 50 percent of Federal + funds provided under the award. + ``(4) Application.-- + ``(A) In general.--A regional alliance or partnership + seeking to enter into a cooperative agreement under paragraph + (1) and receive financial assistance under paragraph (3) shall + submit to the Director an application therefore at such time, + in such manner, and containing such information as the Director + may require. + ``(B) Requirements.--Each application submitted under + subparagraph (A) shall include the following: + ``(i)(I) A plan to establish (or identification of, if + it already exists) a multistakeholder workforce partnership + that includes-- + ``(aa) at least one institution of higher + education or nonprofit training organization; and + ``(bb) at least one local employer or owner or + operator of critical infrastructure. + + ``(II) Participation from academic institutions in + the Federal Cyber Scholarships for Service Program, the + National Centers of Academic Excellence in + Cybersecurity Program, or advanced technological + education programs, as well as elementary and secondary + schools, training and certification providers, State + and local governments, economic development + organizations, or other community organizations is + encouraged. + + ``(ii) A description of how the workforce partnership + would identify the workforce needs of the local economy. + ``(iii) A description of how the multistakeholder + workforce partnership would leverage the programs and + objectives of the National Initiative for Cybersecurity + Education, such as the Cybersecurity Workforce Framework + and the strategic plan of such initiative. + ``(iv) A description of how employers in the community + will be recruited to support internships, externships, + apprenticeships, or cooperative education programs in + conjunction with providers of education and training. + Inclusion of programs that seek to include veterans, Indian + Tribes, and underrepresented groups, including women, + minorities, persons from rural and underserved areas, and + persons with disabilities is encouraged. + ``(v) A definition of the metrics to be used in + determining the success of the efforts of the regional + alliance or partnership under the agreement. + ``(C) Priority consideration.--In awarding financial + assistance under paragraph (3)(A), the Director shall give + priority consideration to a regional alliance or partnership + that includes an institution of higher education that is + designated as a National Center of Academic Excellence in + Cybersecurity or which received an award under the Federal + Cyber Scholarship for Service program located in the State or + region of the regional alliance or partnership. + ``(5) Audits.--Each cooperative agreement for which financial + assistance is awarded under paragraph (3) shall be subject to audit + requirements under part 200 of title 2, Code of Federal Regulations + (relating to uniform administrative requirements, cost principles, + and audit requirements for Federal awards), or successor + regulation. + ``(6) Reports.-- + ``(A) In general.--Upon completion of a cooperative + agreement under paragraph (1), the regional alliance or + partnership that participated in the agreement shall submit to + the Director a report on the activities of the regional + alliance or partnership under the agreement, which may include + training and education outcomes. + ``(B) Contents.--Each report submitted under subparagraph + (A) by a regional alliance or partnership shall include the + following: + ``(i) An assessment of efforts made by the regional + alliance or partnership to carry out paragraph (2). + ``(ii) The metrics used by the regional alliance or + partnership to measure the success of the efforts of the + regional alliance or partnership under the cooperative + agreement.''. + (g) Transfer of Section.-- + (1) Transfer.--Such section is transferred to the end of title + III of such Act and redesignated as section 303. + (2) Repeal.--Title IV of such Act is repealed. + (3) Clerical.--The table of contents in section 1(b) of such + Act is amended-- + (A) by striking the items relating to title IV and section + 401; and + (B) by inserting after the item relating to section 302 the + following: - (a) In General.--Section 3(a) of the National Wild and Scenic -Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the +``Sec. 303. National cybersecurity awareness and education program.''. + + (4) Conforming amendments.-- + (A) Section 302(3) of the Federal Cybersecurity Workforce + Assessment Act of 2015 (Public Law 114-113; 5 U.S.C. 301 note) + is amended by striking ``under section 401 of the Cybersecurity + Enhancement Act of 2014 (15 U.S.C. 7451)'' and inserting + ``under section 303 of the Cybersecurity Enhancement Act of + 2014 (Public Law 113-274)''. + (B) Section 2(c)(3) of the NIST Small Business + Cybersecurity Act (Public Law 115-236; 15 U.S.C. 272 note) is + amended by striking ``under section 401 of the Cybersecurity + Enhancement Act of 2014 (15 U.S.C. 7451)'' and inserting + ``under section 303 of the Cybersecurity Enhancement Act of + 2014 (Public Law 113-274)''. + (C) Section 302(f) of the Cybersecurity Enhancement Act of + 2014 (15 U.S.C. 7442(f)) is amended by striking ``under section + 401'' and inserting ``under section 303''. +SEC. 9402. DEVELOPMENT OF STANDARDS AND GUIDELINES FOR IMPROVING +CYBERSECURITY WORKFORCE OF FEDERAL AGENCIES. + (a) In General.--Section 20(a) of the National Institute of +Standards and Technology Act (15 U.S.C. 278g-3(a)) is amended-- + (1) in paragraph (3), by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (4), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(5) identify and develop standards and guidelines for + improving the cybersecurity workforce for an agency as part of the + National Initiative for Cybersecurity Education (NICE) + Cybersecurity Workforce Framework (NIST Special Publication 800- + 181), or successor framework.''. + (b) Publication of Standards and Guidelines on Cybersecurity +Awareness.--Not later than three years after the date of the enactment +of this Act and pursuant to section 20 of the National Institute of +Standards and Technology Act (15 U.S.C. 278g-3), the Director of the +National Institute of Standards and Technology shall publish standards +and guidelines for improving cybersecurity awareness of employees and +contractors of Federal agencies. +SEC. 9403. MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE +PROGRAM. + Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. +7442) is amended-- + (1) in subsection (b)-- + (A) in paragraph (2), by striking ``information + technology'' and inserting ``information technology and + cybersecurity''; + (B) by amending paragraph (3) to read as follows: + ``(3) prioritize the placement of scholarship recipients + fulfilling the post-award employment obligation under this section + to ensure that-- + ``(A) not less than 70 percent of such recipients are + placed in an executive agency (as defined in section 105 of + title 5, United States Code); + ``(B) not more than 10 percent of such recipients are + placed as educators in the field of cybersecurity at qualified + institutions of higher education that provide scholarships + under this section; and + ``(C) not more than 20 percent of such recipients are + placed in positions described in paragraphs (2) through (5) of + subsection (d); and''; and + (C) in paragraph (4), in the matter preceding subparagraph + (A), by inserting ``, including by seeking to provide awards in + coordination with other relevant agencies for summer + cybersecurity camp or other experiences, including teacher + training, in each of the 50 States,'' after ``cybersecurity + education''; + (2) in subsection (d)-- + (A) in paragraph (4), by striking ``or'' at the end; + (B) in paragraph (5), by striking the period at the end and + inserting ``; or''; and + (C) by adding at the end the following: + ``(6) as provided by subsection (b)(3)(B), a qualified + institution of higher education.''; and + (3) in subsection (m)-- + (A) in paragraph (1), in the matter preceding subparagraph + (A), by striking ``cyber'' and inserting ``cybersecurity''; and + (B) in paragraph (2), by striking ``cyber'' and inserting + ``cybersecurity''. +SEC. 9404. ADDITIONAL MODIFICATIONS TO FEDERAL CYBER SCHOLARSHIP-FOR- +SERVICE PROGRAM. + Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. +7442) is further amended-- + (1) in subsection (f)-- + (A) in paragraph (4), by striking ``and'' after the + semicolon; and + (B) by striking paragraph (5) and inserting the following: + ``(5) enter into an agreement accepting and acknowledging the + post award employment obligations, pursuant to section (d); + ``(6) accept and acknowledge the conditions of support under + section (g); and + ``(7) accept all terms and conditions of a scholarship under + this section.''; + (2) in subsection (g)-- + (A) in paragraph (1), by inserting ``the Office of + Personnel Management (in coordination with the National Science + Foundation) and'' before ``the qualified institution''; + (B) in paragraph (2)-- + (i) in subparagraph (D), by striking ``or'' after the + semicolon; and + (ii) by striking subparagraph (E) and inserting the + following: + ``(E) fails to maintain or fulfill any of the post- + graduation or post-award obligations or requirements of the + individual; or + ``(F) fails to fulfill the requirements of paragraph + (1).''; + (3) in subsection (h)(2), by inserting ``and the Director of + the Office of Personnel Management'' after ``Foundation''; + (4) in subsection (k)(1)(A), by striking ``and the Director'' + and all that follows through ``owed'' and inserting ``, the + Director of the National Science Foundation, and the Director of + the Office of Personnel Management of the amounts owed''; and + (5) in subsection (m)(2), by striking ``once every 3 years'' + and all that follows through ``workforce'' and inserting ``once + every two years, to the Committee on Commerce, Science, and + Transportation and the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on Science, + Space, and Technology and the Committee on Oversight and Reform of + the House of Representatives a report, including-- + ``(A) the results of the evaluation under paragraph (1); + ``(B) the disparity in any reporting between scholarship + recipients and their respective institutions of higher + education; and + ``(C) any recent statistics regarding the size, + composition, and educational requirements of the Federal cyber + workforce.''. +SEC. 9405. CYBERSECURITY IN PROGRAMS OF THE NATIONAL SCIENCE +FOUNDATION. + (a) Computer Science and Cybersecurity Education Research.--Section +310 of the American Innovation and Competitiveness Act (42 U.S.C. +1862s-7) is amended-- + (1) in subsection (b)-- + (A) in paragraph (1), by inserting ``and cybersecurity'' + after ``computer science''; and + (B) in paragraph (2)-- + (i) in subparagraph (C), by striking `` and'' after the + semicolon; + (ii) in subparagraph (D), by striking the period at the + end and inserting ``; and''; and + (iii) by adding at the end the following: + ``(E) tools and models for the integration of cybersecurity + and other interdisciplinary efforts into computer science + education and computational thinking at secondary and + postsecondary levels of education.''; and + (2) in subsection (c), by inserting ``, cybersecurity,'' after + ``computing''. + (b) Scientific and Technical Education.--Section 3(j)(9) of the +Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i(j)(9)) +is amended by inserting ``and cybersecurity'' after ``computer +science''. + (c) Low-income Scholarship Program.--Section 414(d) of the American +Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c) +is amended-- + (1) in paragraph (1), by striking ``or computer science'' and + inserting ``computer science, or cybersecurity''; and + (2) in paragraph (2)(A)(iii), by inserting ``cybersecurity,'' + after ``computer science,''. + (d) Presidential Awards for Teaching Excellence.--The Director of +the National Science Foundation shall ensure that educators and mentors +in fields relating to cybersecurity can be considered for-- + (1) Presidential Awards for Excellence in Mathematics and + Science Teaching made under section 117 of the National Science + Foundation Authorization Act of 1988 (42 U.S.C. 1881b); and + (2) Presidential Awards for Excellence in STEM Mentoring + administered under section 307 of the American Innovation and + Competitiveness Act (42 U.S.C. 1862s-6). +SEC. 9406. CYBERSECURITY IN STEM PROGRAMS OF THE NATIONAL AERONAUTICS +AND SPACE ADMINISTRATION. + In carrying out any STEM education program of the National +Aeronautics and Space Administration (referred to in this section as +``NASA''), including a program of the Office of STEM Engagement, the +Administrator of NASA shall, to the maximum extent practicable, +encourage the inclusion of cybersecurity education opportunities in +such program. +SEC. 9407. NATIONAL CYBERSECURITY CHALLENGES. + (a) In General.--Title II of the Cybersecurity Enhancement Act of +2014 (15 U.S.C. 7431 et seq.) is amended by adding at the end the following: - ``(231) Elwha river, washington.--The approximately 29.0- - mile segment of the Elwha River and tributaries from the source - to Cat Creek, to be administered by the Secretary of the - Interior as a wild river. - ``(232) Dungeness river, washington.--The segment of the - Dungeness River from the headwaters to the State of Washington - Department of Natural Resources land in T. 29 N., R. 4 W., sec. - 12, to be administered by the Secretary of Agriculture, except - that portions of the river within the boundaries of Olympic - National Park shall be administered by the Secretary of the - Interior, including the following segments of the mainstem and - major tributary the Gray Wolf River, in the following classes: - ``(A) The approximately 5.8-mile segment of the - Dungeness River from the headwaters to the 2870 Bridge, - as a wild river. - ``(B) The approximately 2.1-mile segment of the - Dungeness River from the 2870 Bridge to Silver Creek, - as a scenic river. - ``(C) The approximately 2.7-mile segment of the - Dungeness River from Silver Creek to Sleepy Hollow - Creek, as a wild river. - ``(D) The approximately 6.3-mile segment of the - Dungeness River from Sleepy Hollow Creek to the Olympic - National Forest boundary, as a scenic river. - ``(E) The approximately 1.9-mile segment of the - Dungeness River from the National Forest boundary to - the State of Washington Department of Natural Resources - land in T. 29 N., R. 4 W., sec. 12, to be administered - as a recreational river through a cooperative - management agreement between the State of Washington - and the Secretary of Agriculture as provided in section - 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. - 1281(e)). - ``(F) The approximately 16.1-mile segment of the - Gray Wolf River from the headwaters to the 2870 Bridge, - as a wild river. - ``(G) The approximately 1.1-mile segment of the - Gray Wolf River from the 2870 Bridge to the confluence - with the Dungeness River, as a scenic river. - ``(233) Big quilcene river, washington.--The segment of the - Big Quilcene River from the headwaters to the City of Port - Townsend water intake facility, to be administered by the - Secretary of Agriculture, in the following classes: - ``(A) The approximately 4.4-mile segment from the - headwaters to the Buckhorn Wilderness boundary, as a - wild river. - ``(B) The approximately 5.3-mile segment from the - Buckhorn Wilderness boundary to the City of Port - Townsend water intake facility, as a scenic river. - ``(C) Section 7(a), with respect to the licensing - of dams, water conduits, reservoirs, powerhouses, - transmission lines, or other project works, shall apply - to the approximately 5-mile segment from the City of - Port Townsend water intake facility to the Olympic - National Forest boundary. - ``(234) Dosewallips river, washington.--The segment of the - Dosewallips River from the headwaters to the private land in T. - 26 N., R. 3 W., sec. 15, to be administered by the Secretary of - Agriculture, except that portions of the river within the - boundaries of Olympic National Park shall be administered by - the Secretary of the Interior, in the following classes: - ``(A) The approximately 12.9-mile segment from the - headwaters to Station Creek, as a wild river. - ``(B) The approximately 6.8-mile segment from - Station Creek to the private land in T. 26 N., R. 3 W., - sec. 15, as a scenic river. - ``(235) Duckabush river, washington.--The segment of the - Duckabush River from the headwaters to the private land in T. - 25 N., R. 3 W., sec. 1, to be administered by the Secretary of - Agriculture, except that portions of the river within the - boundaries of Olympic National Park shall be administered by - the Secretary of the Interior, in the following classes: - ``(A) The approximately 19.0-mile segment from the - headwaters to the Brothers Wilderness boundary, as a - wild river. - ``(B) The approximately 1.9-mile segment from the - Brothers Wilderness boundary to the private land in T. - 25 N., R. 3 W., sec. 1, as a scenic river. - ``(236) Hamma hamma river, washington.--The segment of the - Hamma Hamma River from the headwaters to the eastern edge of - the NW1/4 sec. 21, T. 24 N., R. 3 W., to be administered by the - Secretary of Agriculture, in the following classes: - ``(A) The approximately 3.1-mile segment from the - headwaters to the Mt. Skokomish Wilderness boundary, as - a wild river. - ``(B) The approximately 5.8-mile segment from the - Mt. Skokomish Wilderness boundary to Lena Creek, as a - scenic river. - ``(C) The approximately 6.8-mile segment from Lena - Creek to the eastern edge of the NW1/4 sec. 21, T. 24 - N., R. 3 W., to be administered as a recreational river - through a cooperative management agreement between the - State of Washington and the Secretary of Agriculture as - provided in section 10(e) of the Wild and Scenic Rivers - Act (16 U.S.C. 1281(e)). - ``(237) South fork skokomish river, washington.--The - segment of the South Fork Skokomish River from the headwaters - to the Olympic National Forest boundary to be administered by - the Secretary of Agriculture, in the following classes: - ``(A) The approximately 6.7-mile segment from the - headwaters to Church Creek, as a wild river. - ``(B) The approximately 8.3-mile segment from - Church Creek to LeBar Creek, as a scenic river. - ``(C) The approximately 4.0-mile segment from LeBar - Creek to upper end of gorge in the NW1/4 sec. 22, T. 22 - N., R. 5 W., as a recreational river. - ``(D) The approximately 6.0-mile segment from the - upper end of the gorge to the Olympic National Forest - boundary, as a scenic river. - ``(238) Middle fork satsop river, washington.--The - approximately 7.9-mile segment of the Middle Fork Satsop River - from the headwaters to the Olympic National Forest boundary, to - be administered by the Secretary of Agriculture, as a scenic - river. - ``(239) West fork satsop river, washington.--The - approximately 8.2-mile segment of the West Fork Satsop River - from the headwaters to the Olympic National Forest boundary, to - be administered by the Secretary of Agriculture, as a scenic - river. - ``(240) Wynoochee river, washington.--The segment of the - Wynoochee River from the headwaters to the head of Wynoochee - Reservoir to be administered by the Secretary of Agriculture, - except that portions of the river within the boundaries of - Olympic National Park shall be administered by the Secretary of - the Interior, in the following classes: - ``(A) The approximately 2.5-mile segment from the - headwaters to the boundary of the Wonder Mountain - Wilderness, as a wild river. - ``(B) The approximately 7.4-mile segment from the - boundary of the Wonder Mountain Wilderness to the head - of Wynoochee Reservoir, as a recreational river. - ``(241) East fork humptulips river, washington.--The - segment of the East Fork Humptulips River from the headwaters - to the Olympic National Forest boundary to be administered by - the Secretary of Agriculture, in the following classes: - ``(A) The approximately 7.4-mile segment from the - headwaters to the Moonlight Dome Wilderness boundary, - as a wild river. - ``(B) The approximately 10.3-mile segment from the - Moonlight Dome Wilderness boundary to the Olympic - National Forest boundary, as a scenic river. - ``(242) West fork humptulips river, washington.--The - approximately 21.4-mile segment of the West Fork Humptulips - River from the headwaters to the Olympic National Forest - Boundary, to be administered by the Secretary of Agriculture, - as a scenic river. - ``(243) Quinault river, washington.--The segment of the - Quinault River from the headwaters to private land in T. 24 N., - R. 8 W., sec. 33, to be administered by the Secretary of the - Interior, in the following classes: - ``(A) The approximately 16.5-mile segment from the - headwaters to Graves Creek, as a wild river. - ``(B) The approximately 6.7-mile segment from - Graves Creek to Cannings Creek, as a scenic river. - ``(C) The approximately 1.0-mile segment from - Cannings Creek to private land in T. 24 N., R. 8 W., - sec. 33, as a recreational river. - ``(244) Queets river, washington.--The segment of the - Queets River from the headwaters to the Olympic National Park - boundary to be administered by the Secretary of the Interior, - except that portions of the river outside the boundaries of - Olympic National Park shall be administered by the Secretary of - Agriculture, including the following segments of the mainstem - and certain tributaries in the following classes: - ``(A) The approximately 28.6-mile segment of the - Queets River from the headwaters to the confluence with - Sams River, as a wild river. - ``(B) The approximately 16.0-mile segment of the - Queets River from the confluence with Sams River to the - Olympic National Park boundary, as a scenic river. - ``(C) The approximately 15.7-mile segment of the - Sams River from the headwaters to the confluence with - the Queets River, as a scenic river. - ``(D) The approximately 17.7-mile segment of - Matheny Creek from the headwaters to the confluence - with the Queets River, to be administered as a scenic - river through a cooperative management agreement - between the State of Washington and the Secretary of - Agriculture as provided in section 10(e) of the Wild - and Scenic Rivers Act (16 U.S.C. 1281(e)). - ``(245) Hoh river, washington.--The segment of the Hoh - River and the major tributary South Fork Hoh from the - headwaters to Olympic National Park boundary, to be - administered by the Secretary of the Interior, in the following - classes: - ``(A) The approximately 20.7-mile segment of the - Hoh River from the headwaters to Jackson Creek, as a - wild river. - ``(B) The approximately 6.0-mile segment of the Hoh - River from Jackson Creek to the Olympic National Park - boundary, as a scenic river. - ``(C) The approximately 13.8-mile segment of the - South Fork Hoh River from the headwaters to the Olympic - National Park boundary, as a wild river. - ``(D) The approximately 4.6-mile segment of the - South Fork Hoh River from the Olympic National Park - boundary to the Washington State Department of Natural - Resources boundary in T. 27 N., R. 10 W., sec. 29, to - be administered as a recreational river through a - cooperative management agreement between the State of - Washington and the Secretary of Agriculture as provided - in section 10(e) of the Wild and Scenic Rivers Act (16 - U.S.C. 1281(e)). - ``(246) Bogachiel river, washington.--The approximately - 25.6-mile segment of the Bogachiel River from the source to the - Olympic National Park boundary, to be administered by the - Secretary of the Interior, as a wild river. - ``(247) South fork calawah river, washington.--The segment - of the South Fork Calawah River and the major tributary Sitkum - River from the headwaters to Hyas Creek to be administered by - the Secretary of Agriculture, except those portions of the - river within the boundaries of Olympic National Park shall be - administered by the Secretary of the Interior, including the - following segments in the following classes: - ``(A) The approximately 15.7-mile segment of the - South Fork Calawah River from the headwaters to the - Sitkum River, as a wild river. - ``(B) The approximately 0.9-mile segment of the - South Fork Calawah River from the Sitkum River to Hyas - Creek, as a scenic river. - ``(C) The approximately 1.6-mile segment of the - Sitkum River from the headwaters to the Rugged Ridge - Wilderness boundary, as a wild river. - ``(D) The approximately 11.9-mile segment of the - Sitkum River from the Rugged Ridge Wilderness boundary - to the confluence with the South Fork Calawah, as a - scenic river. - ``(248) Sol duc river, washington.--The segment of the Sol - Duc River from the headwaters to the Olympic National Park - boundary to be administered by the Secretary of the Interior, - including the following segments of the mainstem and certain - tributaries in the following classes: - ``(A) The approximately 7.0-mile segment of the Sol - Duc River from the headwaters to the end of Sol Duc Hot - Springs Road, as a wild river. - ``(B) The approximately 10.8-mile segment of the - Sol Duc River from the end of Sol Duc Hot Springs Road - to the Olympic National Park boundary, as a scenic - river. - ``(C) The approximately 14.2-mile segment of the - North Fork Sol Duc River from the headwaters to the - Olympic Hot Springs Road bridge, as a wild river. - ``(D) The approximately 0.2-mile segment of the - North Fork Sol Duc River from the Olympic Hot Springs - Road bridge to the confluence with the Sol Duc River, - as a scenic river. - ``(E) The approximately 8.0-mile segment of the - South Fork Sol Duc River from the headwaters to the - confluence with the Sol Duc River, as a scenic river. - ``(249) Lyre river, washington.--The approximately 0.2-mile - segment of the Lyre River from Lake Crescent to the Olympic - National Park boundary, to be administered by the Secretary of - the Interior as a scenic river.''. - (b) Effect.--The amendment made by subsection (a) does not affect -valid existing water rights. - (c) Updates to Land and Resource Management Plans.-- - (1) In general.--Except as provided in paragraph (2), not - later than 3 years after the date of the enactment of this Act, - the Secretary of Agriculture shall, with respect to the - designations made under subsection (a) on lands under the - jurisdiction of the Secretary, incorporate such designations - into updated management plans for units of the National Forest - System in accordance with applicable laws (including - regulations). - (2) Exception.--The date specified in paragraph (1) shall - be 5 years after the date of the enactment of this Act if the - Secretary of Agriculture-- - (A) is unable to meet the requirement under such - paragraph by the date specified in such paragraph; and - (B) not later than 3 years after the date of the - enactment of this Act, includes in the Department of - Agriculture annual budget submission to Congress a - request for additional sums as may be necessary to meet - the requirement of such paragraph. - (3) Comprehensive management plan requirements.--Updated - management plans under paragraph (1) or (2) satisfy the - requirements under section 3(d) of the Wild and Scenic Rivers - Act (16 U.S.C. 1274(d)). - -SEC. 20604. EXISTING RIGHTS AND WITHDRAWAL. - - (a) In General.--In accordance with section 12(b) of the National -Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this title -or the amendment made by section 20603(a) affects or abrogates existing -rights, privileges, or contracts held by private parties, nor does this -title in any way modify or direct the management, acquisition, or -disposition of lands managed by the Washington Department of Natural -Resources on behalf of the State of Washington. - (b) Withdrawal.--Subject to valid existing rights, the Federal land -within the boundaries of the river segments designated by this title -and the amendment made by section 20603(a) is withdrawn from all forms -of-- - (1) entry, appropriation, or disposal under the public land - laws; - (2) location, entry, and patent under the mining laws; and - (3) disposition under all laws relating to mineral and - geothermal leasing or mineral materials. - -SEC. 20605. TREATY RIGHTS. - - Nothing in this title alters, modifies, diminishes, or extinguishes -the reserved treaty rights of any Indian tribe with hunting, fishing, -gathering, and cultural or religious rights in the Olympic National -Forest as protected by a treaty. - - TITLE VII--STUDY ON FLOOD RISK MITIGATION - -SEC. 20701. STUDY ON FLOOD RISK MITIGATION. - - The Comptroller General shall conduct a study to determine the -contributions of wilderness designations under this division to -protections to flood risk mitigation in residential areas. - - TITLE VIII--MISCELLANEOUS - -SEC. 20801. PROMOTING HEALTH AND WELLNESS FOR VETERANS AND - SERVICEMEMBERS. - - The Secretary of Interior and the Secretary of Agriculture are -encouraged to ensure servicemember and veteran access to public lands -designed by this division for the purposes of outdoor recreation and to -participate in outdoor-related volunteer and wellness programs. - -SEC. 20802. FIRE, INSECTS, AND DISEASES. - - Nothing in this division may be construed to limit the authority of -the Secretary of the Interior or the Secretary of Agriculture under -section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), in -accordance with existing laws (including regulations). - -SEC. 20803. MILITARY ACTIVITIES. + ``SEC. 205. NATIONAL CYBERSECURITY CHALLENGES. + ``(a) Establishment of National Cybersecurity Challenges.-- + ``(1) In general.--To achieve high-priority breakthroughs in + cybersecurity by 2028, the Secretary of Commerce shall establish + the following national cybersecurity challenges: + ``(A) Economics of a cyber attack.--Building more resilient + systems that measurably and exponentially raise adversary costs + of carrying out common cyber attacks. + ``(B) Cyber training.-- + ``(i) Empowering the people of the United States with + an appropriate and measurably sufficient level of digital + literacy to make safe and secure decisions online. + ``(ii) Developing a cybersecurity workforce with + measurable skills to protect and maintain information + systems. + ``(C) Emerging technology.--Advancing cybersecurity efforts + in response to emerging technology, such as artificial + intelligence, quantum science, next generation communications, + autonomy, data science, and computational technologies. + ``(D) Reimagining digital identity.--Maintaining a high + sense of usability while improving the privacy, security, and + safety of online activity of individuals in the United States. + ``(E) Federal agency resilience.--Reducing cybersecurity + risks to Federal networks and systems, and improving the + response of Federal agencies to cybersecurity incidents on such + networks and systems. + ``(2) Coordination.--In establishing the challenges under + paragraph (1), the Secretary shall coordinate with the Secretary of + Homeland Security on the challenges under subparagraphs (B) and (E) + of such paragraph. + ``(b) Pursuit of National Cybersecurity Challenges.-- + ``(1) In general.--Not later than 180 days after the date of + the enactment of this section, the Secretary, acting through the + Under Secretary of Commerce for Standards and Technology, shall + commence efforts to pursue the national cybersecurity challenges + established under subsection (a). + ``(2) Competitions.--The efforts required by paragraph (1) + shall include carrying out programs to award prizes, including cash + and noncash prizes, competitively pursuant to the authorities and + processes established under section 24 of the Stevenson-Wydler + Technology Innovation Act of 1980 (15 U.S.C. 3719) or any other + applicable provision of law. + ``(3) Additional authorities.--In carrying out paragraph (1), + the Secretary may enter into and perform such other transactions as + the Secretary considers necessary and on such terms as the + Secretary considers appropriate. + ``(4) Coordination.--In pursuing national cybersecurity + challenges under paragraph (1), the Secretary shall coordinate with + the following: + ``(A) The Director of the National Science Foundation. + ``(B) The Secretary of Homeland Security. + ``(C) The Director of the Defense Advanced Research + Projects Agency. + ``(D) The Director of the Office of Science and Technology + Policy. + ``(E) The Director of the Office of Management and Budget. + ``(F) The Administrator of the General Services + Administration. + ``(G) The Federal Trade Commission. + ``(H) The heads of such other Federal agencies as the + Secretary of Commerce considers appropriate for purposes of + this section. + ``(5) Solicitation of acceptance of funds.-- + ``(A) In general.--Pursuant to section 24 of the Stevenson- + Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the + Secretary shall request and accept funds from other Federal + agencies, State, United States territory, local, or Tribal + government agencies, private sector for-profit entities, and + nonprofit entities to support efforts to pursue a national + cybersecurity challenge under this section. + ``(B) Rule of construction.--Nothing in subparagraph (A) + may be construed to require any person or entity to provide + funds or otherwise participate in an effort or competition + under this section. + ``(c) Recommendations.-- + ``(1) In general.--In carrying out this section, the Secretary + of Commerce shall designate an advisory council to seek + recommendations. + ``(2) Elements.--The recommendations required by paragraph (1) + shall include the following: + ``(A) A scope for efforts carried out under subsection (b). + ``(B) Metrics to assess submissions for prizes under + competitions carried out under subsection (b) as the + submissions pertain to the national cybersecurity challenges + established under subsection (a). + ``(3) No additional compensation.--The Secretary may not + provide any additional compensation, except for travel expenses, to + a member of the advisory council designated under paragraph (1) for + participation in the advisory council.''. + (b) Conforming Amendments.--Section 201(a)(1) of such Act (15 +U.S.C. 7431(a)(1)) is amended-- + (1) in subparagraph (J), by striking ``and'' after the + semicolon; + (2) by redesignating subparagraph (K) as subparagraph (L); and + (3) by inserting after subparagraph (J) the following: + ``(K) implementation of section 205 through research and + development on the topics identified under subsection (a) of + such section; and''. + (c) Clerical Amendment.--The table of contents in section 1(b) of +such Act is amended by inserting after the item relating to section 204 +the following: - Nothing in this division precludes-- - (1) low-level overflights of military aircraft over - wilderness areas; - (2) the designation of new units of special airspace over - wilderness areas; or - (3) the establishment of military flight training routes - over wilderness areas. +``Sec. 205. National cybersecurity challenges.''. - DIVISION P--COLORADO OUTDOOR RECREATION AND ECONOMY ACT + Subtitle B--Other Matters -SEC. 21001. SHORT TITLE. +SEC. 9411. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH. + Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C. +13503(b)) is amended by striking paragraph (3) and inserting the +following new paragraph (3): + ``(3) Established program to stimulate competitive research.-- + ``(A) Definitions.--In this paragraph: + ``(i) Eligible jurisdiction.--The term `eligible + jurisdiction' means a State that is determined to be + eligible for a grant under this paragraph in accordance + with subparagraph (D). + ``(ii) EPSCoR.--The term `EPSCoR' means the Established + Program to Stimulate Competitive Research operated under + subparagraph (B). + ``(iii) National laboratory.--The term `National + Laboratory' has the meaning given the term in section 2 of + the Energy Policy Act of 2005 (42 U.S.C. 15801). + ``(iv) State.--The term `State' means-- + + ``(I) a State; + ``(II) the District of Columbia; + ``(III) the Commonwealth of Puerto Rico; + ``(IV) Guam; and + ``(V) the United States Virgin Islands. + + ``(B) Program operation.--The Secretary shall operate an + Established Program to Stimulate Competitive Research. + ``(C) Objectives.--The objectives of EPSCoR shall be-- + ``(i) to increase the number of researchers in eligible + jurisdictions, especially at institutions of higher + education, capable of performing nationally competitive + science and engineering research in support of the mission + of the Department of Energy in the areas of applied energy + research, environmental management, and basic science; + ``(ii) to improve science and engineering research and + education programs at institutions of higher education in + eligible jurisdictions and enhance the capabilities of + eligible jurisdictions to develop, plan, and execute + research that is competitive, including through investing + in research equipment and instrumentation; and + ``(iii) to increase the probability of long-term growth + of competitive funding to eligible jurisdictions. + ``(D) Eligible jurisdictions.-- + ``(i) In general.--The Secretary may establish criteria + for determining whether a State is eligible for a grant + under this paragraph. + ``(ii) Requirement.--Except as provided in clause + (iii), in establishing criteria under clause (i), the + Secretary shall ensure that a State is eligible for a grant + under this paragraph if the State, as determined by the + Secretary, is a State that-- + + ``(I) historically has received relatively little + Federal research and development funding; and + ``(II) has demonstrated a commitment-- + + ``(aa) to develop the research bases in the + State; and + ``(bb) to improve science and engineering + research and education programs at institutions of + higher education in the State. + ``(iii) Eligibility under nsf epscor.--At the election + of the Secretary, or if the Secretary declines to establish + criteria under clause (i), the Secretary may continue to + use the eligibility criteria in use on the date of + enactment of the William M. (Mac) Thornberry National + Defense Authorization Act for Fiscal Year 2021 or any + successor criteria. + ``(E) Grants in areas of applied energy research, + environmental management, and basic science.-- + ``(i) In general.--EPSCoR shall make grants to eligible + jurisdictions to carry out and support applied energy + research and research in all areas of environmental + management and basic science sponsored by the Department of + Energy, including-- + + ``(I) energy efficiency, fossil energy, renewable + energy, and other applied energy research; + ``(II) electricity delivery research; + ``(III) cybersecurity, energy security, and + emergency response; + ``(IV) environmental management; and + ``(V) basic science research. + + ``(ii) Activities.--EPSCoR shall make grants under this + subparagraph for activities consistent with the objectives + described in subparagraph (C) in the areas of applied + energy research, environmental management, and basic + science described in clause (i), including-- + + ``(I) to support research that is carried out in + partnership with the National Laboratories; + ``(II) to provide for graduate traineeships; + ``(III) to support research by early career + faculty; and + ``(IV) to improve research capabilities through + biennial research implementation grants. + + ``(iii) No cost sharing.--EPSCoR shall not impose any + cost-sharing requirement with respect to a grant made under + this subparagraph, but may require letters of commitment + from National Laboratories. + ``(F) Other activities.--EPSCoR may carry out such + activities as may be necessary to meet the objectives described + in subparagraph (C) in the areas of applied energy research, + environmental management, and basic science described in + subparagraph (E)(i). + ``(G) Program implementation.-- + ``(i) In general.--Not later than 270 days after the + date of enactment of the William M. (Mac) Thornberry + National Defense Authorization Act for Fiscal Year 2021, + the Secretary shall submit to the Committees on Energy and + Natural Resources and Appropriations of the Senate and the + Committees on Energy and Commerce and Appropriations of the + House of Representatives a plan describing how the + Secretary shall implement EPSCoR. + ``(ii) Contents of plan.--The plan described in clause + (i) shall include a description of-- + + ``(I) the management structure of EPSCoR, which + shall ensure that all research areas and activities + described in this paragraph are incorporated into + EPSCoR; + ``(II) efforts to conduct outreach to inform + eligible jurisdictions and faculty of changes to, and + opportunities under, EPSCoR; + ``(III) how EPSCoR plans to increase engagement + with eligible jurisdictions, faculty, and State + committees, including by holding regular workshops, to + increase participation in EPSCoR; and + ``(IV) any other issues relating to EPSCoR that the + Secretary determines appropriate. + + ``(H) Program evaluation.-- + ``(i) In general.--Not later than 5 years after the + date of enactment of the William M. (Mac) Thornberry + National Defense Authorization Act for Fiscal Year 2021, + the Secretary shall contract with a federally funded + research and development center, the National Academy of + Sciences, or a similar organization to carry out an + assessment of the effectiveness of EPSCoR, including an + assessment of-- + + ``(I) the tangible progress made towards achieving + the objectives described in subparagraph (C); + ``(II) the impact of research supported by EPSCoR + on the mission of the Department of Energy; and + ``(III) any other issues relating to EPSCoR that + the Secretary determines appropriate. + + ``(ii) Limitation.--The organization with which the + Secretary contracts under clause (i) shall not be a + National Laboratory. + ``(iii) Report.--Not later than 6 years after the date + of enactment of the William M. (Mac) Thornberry National + Defense Authorization Act for Fiscal Year 2021, the + Secretary shall submit to the Committee on Energy and + Natural Resources and the Committee on Appropriations of + the Senate and the Committee on Science, Space and + Technology and the Committee on Appropriations of the House + of Representatives a report describing the results of the + assessment carried out under clause (i), including + recommendations for improvements that would enable the + Secretary to achieve the objectives described in + subparagraph (C).''. +SEC. 9412. INDUSTRIES OF THE FUTURE. + (a) Short Title.--This section may be cited as the ``Industries of +the Future Act of 2020''. + (b) Report on Federal Research and Development Focused on +Industries of the Future.-- + (1) In general.--Not later than 120 days after the date of the + enactment of this Act, the Director of the Office of Science and + Technology Policy shall submit to Congress a report on research and + development investments, infrastructure, and workforce development + investments of the Federal Government that enable continued United + States leadership in industries of the future. + (2) Contents.--The report submitted under paragraph (1) shall + include the following: + (A) A definition, for purposes of this section, of the term + ``industries of the future'' that includes emerging + technologies. + (B) An assessment of the current baseline of investments in + civilian research and development investments of the Federal + Government in the industries of the future. + (C) A plan to double such baseline investments in + artificial intelligence and quantum information science by + fiscal year 2022. + (D) A detailed plan to increase investments described in + subparagraph (B) in industries of the future to $10,000,000,000 + per year by fiscal year 2025. + (E) A plan to leverage investments described in + subparagraphs (B), (C), and (D) in industries of the future to + elicit complimentary investments by non-Federal entities, + including providing incentives for significant complementary + investments by such entities and facilitating public-private + partnerships. + (F) Proposals for the Federal Government, including any + necessary draft legislation, to implement such plans. + (c) Industries of the Future Coordination Council.-- + (1) Establishment.-- + (A) In general.--The President shall establish or designate + a council to advise the Director of the Office of Science and + Technology Policy on matters relevant to the Director and the + industries of the future. + (B) Designation.--The council established or designated + under subparagraph (A) shall be known as the ``Industries of + the Future Coordination Council'' (in this section the + ``Council''). + (2) Membership.-- + (A) Composition.--The Council shall be composed of + employees of the Federal Government who shall be appointed as + follows: + (i) One member appointed by the Director. + (ii) A chairperson of the Select Committee on + Artificial Intelligence of the National Science and + Technology Council. + (iii) A chairperson of the Subcommittee on Advanced + Manufacturing of the National Science and Technology + Council. + (iv) A chairperson of the Subcommittee on Quantum + Information Science of the National Science and Technology + Council. + (v) Such other members as the President considers + appropriate. + (B) Chairperson.--The member appointed to the Council under + paragraph (A)(i) shall serve as the chairperson of the Council. + (3) Duties.--The duties of the Council are as follows: + (A) To provide the Director with advice on ways in which in + the Federal Government can ensure the United States continues + to lead the world in developing emerging technologies that + improve the quality of life of the people of the United States, + increase economic competitiveness of the United States, and + strengthen the national security of the United States, + including identification of the following: + (i) Federal investments required in fundamental + research and development, infrastructure, technology + transfer, and workforce development of the United States + workers who will support the industries of the future. + (ii) Actions necessary to create and further develop + the workforce that will support the industries of the + future. + (iii) Actions required to leverage the strength of the + research and development ecosystem of the United States, + which includes academia, industry, and nonprofit + organizations, to support industries of the future. + (iv) Ways that the Federal Government can consider + leveraging existing partnerships and creating new + partnerships and other multisector collaborations to + advance the industries of the future. + (v) Actions required to accelerate the translation of + federally funded research and development to practice and + meaningful benefits for society while mitigating any risks. + (B) To provide the Director with advice on matters relevant + to the report required under subsection (b). + (4) Coordination.--The Council shall coordinate with and + utilize relevant existing National Science and Technology Council + committees to the maximum extent feasible in order to minimize + duplication of effort. + (5) Applicability of faca.--The Federal Advisory Committee Act + (5 U.S.C. App.) shall not apply to the Council established under + this subsection. + (6) Sunset.--The Council shall terminate on the date that is 6 + years after the date of the enactment of this Act. +SEC. 9413. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY MANUFACTURING +EXTENSION PARTNERSHIP PROGRAM SUPPLY CHAIN DATABASE. + (a) In General.--The Director of the National Institute of +Standards and Technology shall carry out a study to evaluate the +feasibility, advisability, and costs of establishing a national supply +chain database within the Manufacturing Extension Partnership program +of the National Institute of Standards and Technology to-- + (1) understand the manufacturing capabilities of United States + manufacturers; and + (2) minimize disruptions to the supply chain, which may include + defense supplies, food, and medical devices, including personal + protective equipment. + (b) Considerations.--In carrying out the study under subsection +(a), the Director of the National Institute of Standards and Technology +shall consider the following: + (1) Whether a national supply chain database may enable the + National Institute of Standards and Technology and the small and + medium manufacturers of the Manufacturing Extension Partnership + program to-- + (A) understand the available domestic manufacturing + capabilities; and + (B) meet the needs for urgent products in the event of a + supply chain disruption. + (2) How information from State-level databases maintained + within the Manufacturing Extension Partnership program would be + incorporated into the national supply chain database. + (3) The relationship, if any, between a national supply chain + database within the Manufacturing Extension Partnership program and + supply chain efforts conducted by other agencies in the Federal + Government and non-Federal entities. + (4) Whether the National Institute of Standards and Technology + could use existing technologies and solutions to establish a + national supply chain database. + (5) How a national supply chain database could be regularly + maintained and updated to ensure effectiveness. + (6) The nature of the information that could be voluntarily + collected from manufacturers for a national supply chain database. + (7) What mechanisms should be in place to ensure that the + information under paragraph (6) is verified. + (8) What security measures may be necessary to protect + information, including protocols to ensure that information in the + national supply chain database is accessed according to the nature + of the information in such database with individuals with the + appropriate level of authorization. + (9) Whether there should be restrictions to protect proprietary + business and personal information under paragraph (6). + (10) The cost of developing and maintaining such a database, + including staffing. + (c) Report to Congress.--Not later than 180 days after the date of +the enactment of this Act, the Director of the National Institute of +Standards and Technology shall submit to Congress a report that +includes the findings and any recommendations from the study required +under subsection (a). Such report shall include a description of any +new legislation that may be required to implement a new national supply +chain database through the Manufacturing Extension Partnership program. +SEC. 9414. STUDY ON CHINESE POLICIES AND INFLUENCE IN THE DEVELOPMENT +OF INTERNATIONAL STANDARDS FOR EMERGING TECHNOLOGIES. + (a) Study.--Not later than 180 days after the date of the enactment +of this Act, the Director of the National Institute of Standards and +Technology shall enter into an agreement with an appropriate entity +with relevant expertise, as determined by the Director, to conduct a +study and make recommendations with respect to the effect of the +policies of the People's Republic of China and coordination among +industrial entities within the People's Republic of China on +international bodies engaged in developing and setting international +standards for emerging technologies. The study may include-- + (1) an assessment of how the role of the People's Republic of + China in international standards setting organizations has grown + over the previous 10 years, including in leadership roles in + standards-drafting technical committees, and the quality or value + of that participation; + (2) an assessment of the effect of the standardization strategy + of the People's Republic of China, as identified in the ``Chinese + Standard 2035'', on international bodies engaged in developing and + setting standards for select emerging technologies, such as + advanced communication technologies or cloud computing and cloud + services; + (3) an examination of whether international standards for + select emerging technologies are being designed to promote + interests of the People's Republic of China that are expressed in + the ``Made in China 2025'' plan to the exclusion of other + participants; + (4) an examination of how the previous practices that the + People's Republic of China has used while participating in + international standards setting organizations may foretell how the + People's Republic of China is likely to engage in international + standardization activities of critical technologies like artificial + intelligence and quantum information science, and what may be the + consequences; + (5) recommendations on how the United States can take steps to + mitigate the influence of the People's Republic of China and + bolster United States public and private sector participation in + international standards-setting bodies; and + (6) any other area the Director, in consultation with the + entity selected to conduct the study, determines is important to + address. + (b) Report to Congress.--The agreement entered into under +subsection (a) shall provide that, not later than two years after the +date of the enactment of this Act, the entity conducting the study +shall-- + (1) submit to the Committee on Science, Space, and Technology + and the Committee on Foreign Affairs of the House of + Representatives and the Committee on Commerce, Science, and + Transportation and the Committee on Foreign Relations of the Senate + a report containing the findings and recommendations of the study; + and + (2) make a copy of such report available on a publicly + accessible website. +SEC. 9415. COORDINATION WITH HOLLINGS MANUFACTURING EXTENSION +PARTNERSHIP CENTERS. + Notwithstanding section 34(d)(2)(A)(iv) of the National Institute +for Standards and Technology Act (15 U.S.C. 278s(d)(2)(A)(iv)), each +Manufacturing USA Institute (established under subsection (d) of such +section) shall, as appropriate, contract with a Hollings Manufacturing +Extension Partnership Center (established under section 25 of such Act) +in each State in which such Institute provides services, either +directly or through another such Center, to provide defense industrial +base-related outreach, technical assistance, workforce development, and +technology transfer assistance to small and medium-sized manufacturers. +No Center shall charge in excess of its standard rate for such +services. Funds received by a Center through such a contract shall not +constitute financial assistance under section 25(e) of such Act. + + TITLE XCV--NATURAL RESOURCES MATTERS + +Sec. 9501. Transfer of funds for Oklahoma City national memorial + endowment fund. +Sec. 9502. Workforce issues for military realignments in the Pacific. +Sec. 9503. Affirmation of authority for non-oil and gas operations on + the outer Continental Shelf. +SEC. 9501. TRANSFER OF FUNDS FOR OKLAHOMA CITY NATIONAL MEMORIAL +ENDOWMENT FUND. + Section 7(1) of the Oklahoma City National Memorial Act of 1997 (16 +U.S.C. 450ss-5(1)) is amended by striking ``there is hereby +authorized'' and inserting ``the Secretary may provide, from the +National Park Service's National Recreation and Preservation account, +the remainder of''. +SEC. 9502. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC. + Section 6(b)(1)(B)(i) of the Joint Resolution entitled ``A Joint +Resolution to approve the `Covenant To Establish a Commonwealth of the +Northern Mariana Islands in Political Union With the United States of +America', and for other purposes'', approved March 24, 1976 (48 U.S.C. +1806(b)(1)(B)(i)) is amended-- + (1) by striking ``contact'' and inserting ``contract''; + (2) by inserting ``supporting,'' after ``connected to,''; + (3) by striking ``or'' before ``associated with''; + (4) by inserting ``or adversely affected by'' after + ``associated with,''; and + (5) by inserting ``, with priority given to federally funded + military projects'' after ``and in the Commonwealth''. +SEC. 9503. AFFIRMATION OF AUTHORITY FOR NON-OIL AND GAS OPERATIONS ON +THE OUTER CONTINENTAL SHELF. + Section 4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. +1333(a)(1)) is amended to read as follows: + ``(1) Jurisdiction of the united states on the outer + continental shelf.-- + ``(A) In general.--The Constitution and laws and civil and + political jurisdiction of the United States are extended, to + the same extent as if the outer Continental Shelf were an area + of exclusive Federal jurisdiction located within a State, to-- + ``(i) the subsoil and seabed of the outer Continental + Shelf; + ``(ii) all artificial islands on the outer Continental + Shelf; + ``(iii) installations and other devices permanently or + temporarily attached to the seabed, which may be erected + thereon for the purpose of exploring for, developing, or + producing resources, including non-mineral energy + resources; or + ``(iv) any such installation or other device (other + than a ship or vessel) for the purpose of transporting or + transmitting such resources. + ``(B) Leases issued exclusively under this act.--Mineral or + energy leases on the outer Continental Shelf shall be + maintained or issued only under the provisions of this Act.''. + + TITLE XCVI--OVERSIGHT AND REFORM MATTERS + +Sec. 9601. Inventory of program activities of Federal agencies. +Sec. 9602. Preservation of electronic messages and other records. +Sec. 9603. Continuity of the economy plan. +SEC. 9601. INVENTORY OF PROGRAM ACTIVITIES OF FEDERAL AGENCIES. + (a) Inventory of Government Programs.--Section 1122(a) of title 31, +United States Code, is amended-- + (1) by redesignating paragraphs (1) and (2) as paragraphs (2) + and (3), respectively; + (2) by inserting before paragraph (2), as so redesignated, the + following: + ``(1) Definitions.--For purposes of this subsection-- + ``(A) the term `Federal financial assistance' has the + meaning given that term under section 7501; + ``(B) the term `open Government data asset' has the meaning + given that term under section 3502 of title 44; + ``(C) the term `program' means a single program activity or + an organized set of aggregated, disaggregated, or consolidated + program activities by one or more agencies directed toward a + common purpose or goal; and + ``(D) the term `program activity' has the meaning given + that term in section 1115(h).''; + (3) in paragraph (2), as so redesignated-- + (A) by striking ``In general.--Not later than October 1, + 2012, the Office of Management and Budget shall'' and inserting + ``Website and program inventory.--The Director of the Office of + Management and Budget shall''; + (B) in subparagraph (A), by inserting ``that includes the + information required under subsections (b) and (c)'' after ``a + single website''; and + (C) by striking subparagraphs (B) and (C) and inserting the + following: + ``(B) include on the website described in subparagraph (A), + or another appropriate Federal Government website where related + information is made available, as determined by the Director-- + ``(i) a program inventory that shall identify each + program; and + ``(ii) for each program identified in the program + inventory, the information required under paragraph (3); + ``(C) make the information in the program inventory + required under subparagraph (B) available as an open Government + data asset; and + ``(D) at a minimum-- + ``(i) update the information required to be included on + the single website under subparagraph (A) on a quarterly + basis; and + ``(ii) update the program inventory required under + subparagraph (B) on an annual basis.''; + (4) in paragraph (3), as so redesignated-- + (A) in the matter preceding subparagraph (A), by striking + ``described under paragraph (1) shall include'' and inserting + ``identified in the program inventory required under paragraph + (2)(B) shall include''; + (B) in subparagraph (B), by striking ``and'' at the end; + (C) in subparagraph (C), by striking the period at the end + and inserting ``and,''; and + (D) by adding at the end the following: + ``(D) for each program activity that is part of a program-- + ``(i) a description of the purposes of the program + activity and the contribution of the program activity to + the mission and goals of the agency; + ``(ii) a consolidated view for the current fiscal year + and each of the 2 fiscal years before the current fiscal + year of-- + + ``(I) the amount appropriated; + ``(II) the amount obligated; and + ``(III) the amount outlayed; + + ``(iii) to the extent practicable and permitted by law, + links to any related evaluation, assessment, or program + performance review by the agency, an inspector general, or + the Government Accountability Office (including program + performance reports required under section 1116), and other + related evidence assembled in response to implementation of + the Foundations for Evidence-Based Policymaking Act of 2018 + (Public Law 115-435; 132 Stat. 5529); + ``(iv) an identification of the statutes that authorize + the program activity or the authority under which the + program activity was created or operates; + ``(v) an identification of any major regulations + specific to the program activity; + ``(vi) any other information that the Director of the + Office of Management and Budget determines relevant + relating to program activity data in priority areas most + relevant to Congress or the public to increase transparency + and accountability; and + ``(vii) for each assistance listing under which Federal + financial assistance is provided, for the current fiscal + year and each of the 2 fiscal years before the current + fiscal year and consistent with existing law relating to + the protection of personally identifiable information-- + + ``(I) a linkage to the relevant program activities + that fund Federal financial assistance by assistance + listing; + ``(II) information on the population intended to be + served by the assistance listing based on the language + of the solicitation, as required under section 6102; + ``(III) to the extent practicable and based on data + reported to the agency providing the Federal financial + assistance, the results of the Federal financial + assistance awards provided by the assistance listing; + ``(IV) to the extent practicable, the percentage of + the amount appropriated for the assistance listing that + is used for management and administration; + ``(V) the identification of each award of Federal + financial assistance and, to the extent practicable, + the name of each direct or indirect recipient of the + award; and + ``(VI) any information relating to the award of + Federal financial assistance that is required to be + included on the website established under section 2(b) + of the Federal Funding Accountability and Transparency + Act of 2006 (31 U.S.C. 6101 note).''; and + + (5) by adding at the end the following: + ``(4) Archiving.--The Director of the Office of Management and + Budget shall-- + ``(A) archive and preserve the information included in the + program inventory required under paragraph (2)(B) after the end + of the period during which such information is made available + under paragraph (3); and + ``(B) make information archived in accordance with + subparagraph (A) publicly available as an open Government data + asset.''. + (b) Guidance, Implementation, Reporting, and Review.-- + (1) Definitions.--In this subsection-- + (A) the term ``appropriate congressional committees'' means + the Committee on Oversight and Reform of the House of + Representatives and the Committee on Homeland Security and + Governmental Affairs of the Senate; + (B) the term ``Director'' means the Director of the Office + of Management and Budget; + (C) the term ``program'' has the meaning given that term in + section 1122(a)(1) of title 31, United States Code, as amended + by subsection (a) of this section; + (D) the term ``program activity'' has the meaning given + that term in section 1115(h) of title 31, United States Code; + and + (E) the term ``Secretary'' means the Secretary of the + Treasury. + (2) Plan for implementation and reconciling program + definitions.--Not later than 180 days after the date of enactment + of this Act, the Director, in consultation with the Secretary, + shall submit to the appropriate congressional committees a report + that-- + (A) includes a plan that-- + (i) discusses how making available on a website the + information required under subsection (a) of section 1122 + of title 31, United States Code, as amended by subsection + (a), will leverage existing data sources while avoiding + duplicative or overlapping information in presenting + information relating to program activities and programs; + (ii) indicates how any gaps in data will be assessed + and addressed; + (iii) indicates how the Director will display such + data; and + (iv) discusses how the Director will expand the + information collected with respect to program activities to + incorporate the information required under the amendments + made by subsection (a); + (B) sets forth details regarding a pilot program, developed + in accordance with best practices for effective pilot + programs-- + (i) to develop and implement a functional program + inventory that could be limited in scope; and + (ii) under which the information required under the + amendments made by subsection (a) with respect to program + activities shall be made available on the website required + under section 1122(a) of title 31, United States Code; + (C) establishes an implementation timeline for-- + (i) gathering and building program activity + information; + (ii) developing and implementing the pilot program; + (iii) seeking and responding to stakeholder comments; + (iv) developing and presenting findings from the pilot + program to the appropriate congressional committees; + (v) notifying the appropriate congressional committees + regarding how program activities will be aggregated, + disaggregated, or consolidated as part of identifying + programs; and + (vi) implementing a Governmentwide program inventory + through an iterative approach; and + (D) includes recommendations, if any, to reconcile the + conflicting definitions of the term ``program'' in relevant + Federal statutes, as it relates to the purpose of this section. + (3) Implementation.-- + (A) In general.--Not later than 3 years after the date of + enactment of this Act, the Director shall make available online + all information required under the amendments made by + subsection (a) with respect to all programs. + (B) Extensions.--The Director may, based on an analysis of + the costs of implementation, and after submitting to the + appropriate congressional committees a notification of the + action by the Director, extend the deadline for implementation + under subparagraph (A) by not more than a total of 1 year. + (4) Reporting.--Not later than 2 years after the date on which + the Director makes available online all information required under + the amendments made by subsection (a) with respect to all programs, + the Comptroller General of the United States shall submit to the + appropriate congressional committees a report regarding the + implementation of this section and the amendments made by this + section, which shall-- + (A) review how the Director and agencies determined how to + aggregate, disaggregate, or consolidate program activities to + provide the most useful information for an inventory of + Government programs; + (B) evaluate the extent to which the program inventory + required under section 1122 of title 31, United States Code, as + amended by this section, provides useful information for + transparency, decision-making, and oversight; + (C) evaluate the extent to which the program inventory + provides a coherent picture of the scope of Federal investments + in particular areas; and + (D) include the recommendations of the Comptroller General, + if any, for improving implementation of this section and the + amendments made by this section. + (c) Technical and Conforming Amendments.-- + (1) In general.--Section 1122 of title 31, United States Code, + is amended-- + (A) in subsection (b), in the matter preceding paragraph + (1), by inserting ``described in subsection (a)(2)(A)'' after + ``the website'' each place it appears; + (B) in subsection (c), in the matter preceding paragraph + (1), by inserting ``described in subsection (a)(2)(A)'' after + ``the website''; and + (C) in subsection (d)-- + (i) in the subsection heading, by striking ``on + Website''; and + (ii) in the first sentence, by striking ``on the + website''. + (2) Other amendments.-- + (A) Section 1115(a) of title 31, United States Code, is + amended in the matter preceding paragraph (1) by striking ``the + website provided under'' and inserting ``a website described + in''. + (B) Section 10 of the GPRA Modernization Act of 2010 (31 + U.S.C. 1115 note) is amended-- + (i) in subsection (a)(3), by striking ``the website + described under'' and inserting ``a website described in''; + and + (ii) in subsection (b)-- + + (I) in paragraph (1), by striking ``the website + described under'' and inserting ``a website described + in''; and + (II) in paragraph (3), by striking ``the website as + required under'' and inserting ``a website described + in''. + + (C) Section 1120(a)(5) of title 31, United States Code, is + amended by striking ``the website described under'' and + inserting ``a website described in''. + (D) Section 1126(b)(2)(E) of title 31, United States Code, + is amended by striking ``the website of the Office of + Management and Budget pursuant to'' and inserting ``a website + described in''. + (E) Section 3512(a)(1) of title 31, United States Code, is + amended by striking ``the website described under'' and + inserting ``a website described in''. +SEC. 9602. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS. + (a) Short Title.--This section may be cited as the ``Electronic +Message Preservation Act''. + (b) Preservation of Electronic Messages and Other Records.-- + (1) Requirement for preservation of electronic messages.-- + Chapter 29 of title 44, United States Code, is amended by adding at + the end the following new section: +``Sec. 2912. Preservation of electronic messages and other records + ``(a) Regulations Required.--The Archivist shall promulgate +regulations governing Federal agency preservation of electronic +messages that are determined to be records. Such regulations shall, at +a minimum-- + ``(1) require the electronic capture, management, and + preservation of such electronic records in accordance with the + records disposition requirements of chapter 33; + ``(2) require that such electronic records are readily + accessible for retrieval through electronic searches; and + ``(3) include timelines for Federal agency implementation of + the regulations that ensure compliance as expeditiously as + practicable. + ``(b) Coverage of Other Electronic Records.--To the extent +practicable, the regulations promulgated under subsection (a) shall +also include requirements for the capture, management, and preservation +of other electronic records. + ``(c) Review of Regulations Required.--The Archivist shall +periodically review and, as necessary, amend the regulations +promulgated under subsection (a).''. + (2) Deadline for regulations.--Not later than one year after + the date of the enactment of this Act, the Archivist shall propose + the regulations required under section 2912(a) of title 44, United + States Code, as added by paragraph (1). + (3) Reports on implementation of regulations.-- + (A) Agency report to archivist.--Not later than two years + after the date of the enactment of this Act, the head of each + Federal agency shall submit to the Archivist a report on the + agency's compliance with the regulations promulgated under + section 2912 of title 44, United States Code, as added by + paragraph (1), and shall make the report publicly available on + the website of the agency. + (B) Archivist report to congress.--Not later than 90 days + after receipt of all reports required by subparagraph (A), the + Archivist shall submit to the Committee on Homeland Security + and Governmental Affairs of the Senate and the Committee on + Oversight and Reform of the House of Representatives a report + on Federal agency compliance with the regulations promulgated + under section 2912(a) of title 44, United States Code, as added + by paragraph (1), and shall make the report publicly available + on the website of the agency. + (C) Federal agency defined.--In this subsection, the term + ``Federal agency'' has the meaning given that term in section + 2901 of title 44, United States Code. + (4) Clerical amendment.--The table of sections at the beginning + of chapter 29 of title 44, United States Code, is amended by adding + after the item relating to section 2911 the following new item: - This division may be cited as the ``Colorado Outdoor Recreation and -Economy Act''. +``2912. Preservation of electronic messages and other records.''. -SEC. 21002. DEFINITION OF STATE. + (5) Definitions.--Section 2901 of title 44, United States Code, + is amended-- + (A) by striking ``and'' at the end of paragraph (14); and + (B) by striking paragraph (15) and inserting the following + new paragraphs: + ``(15) the term `electronic messages' means electronic mail and + other electronic messaging systems that are used for purposes of + communicating between individuals; and + ``(16) the term `electronic records management system' means + software designed to manage electronic records, including by-- + ``(A) categorizing and locating records; + ``(B) ensuring that records are retained as long as + necessary; + ``(C) identifying records that are due for disposition; and + ``(D) ensuring the storage, retrieval, and disposition of + records.''. +SEC. 9603. CONTINUITY OF THE ECONOMY PLAN. + (a) Requirement.-- + (1) In general.--The President shall develop and maintain a + plan to maintain and restore the economy of the United States in + response to a significant event. + (2) Principles.--The plan required under paragraph (1) shall-- + (A) be consistent with-- + (i) a free market economy; and + (ii) the rule of law; and + (B) respect private property rights. + (3) Contents.--The plan required under paragraph (1) shall-- + (A) examine the distribution of goods and services across + the United States necessary for the reliable functioning of the + United States during a significant event; + (B) identify the economic functions of relevant actors, the + disruption, corruption, or dysfunction of which would have a + debilitating effect in the United States on-- + (i) security; + (ii) economic security; + (iii) defense readiness; or + (iv) public health or safety; + (C) identify the critical distribution mechanisms for each + economic sector that should be prioritized for operation during + a significant event, including-- + (i) bulk power and electric transmission systems; + (ii) national and international financial systems, + including wholesale payments, stocks, and currency + exchanges; + (iii) national and international communications + networks, data-hosting services, and cloud services; + (iv) interstate oil and natural gas pipelines; and + (v) mechanisms for the interstate and international + trade and distribution of materials, food, and medical + supplies, including road, rail, air, and maritime shipping; + (D) identify economic functions of relevant actors, the + disruption, corruption, or dysfunction of which would cause-- + (i) catastrophic economic loss; + (ii) the loss of public confidence; or + (iii) the widespread imperilment of human life; + (E) identify the economic functions of relevant actors that + are so vital to the economy of the United States that the + disruption, corruption, or dysfunction of those economic + functions would undermine response, recovery, or mobilization + efforts during a significant event; + (F) incorporate, to the greatest extent practicable, the + principles and practices contained within Federal plans for the + continuity of Government and continuity of operations; + (G) identify-- + (i) industrial control networks for which a loss of + internet connectivity, a loss of network integrity or + availability, an exploitation of a system connected to the + network, or another failure, disruption, corruption, or + dysfunction would have a debilitating effect in the United + States on-- + + (I) security; + (II) economic security; + (III) defense readiness; or + (IV) public health or safety; and + + (ii) for each industrial control network identified + under clause (i), risk mitigation measures, including-- + + (I) the installation of parallel services; + (II) the use of stand-alone analog services; or + (III) the significant hardening of the industrial + control network against failure, disruption, + corruption, or dysfunction; + + (H) identify critical economic sectors for which the + preservation of data in a protected, verified, and uncorrupted + status would be required for the quick recovery of the economy + of the United States in the face of a significant disruption + following a significant event; + (I) include a list of raw materials, industrial goods, and + other items, the absence of which would significantly undermine + the ability of the United States to sustain the functions + described in subparagraphs (B), (D), and (E); + (J) provide an analysis of supply chain diversification for + the items described in subparagraph (I) in the event of a + disruption caused by a significant event; + (K) include-- + (i) a recommendation as to whether the United States + should maintain a strategic reserve of 1 or more of the + items described in subparagraph (I); and + (ii) for each item described in subparagraph (I) for + which the President recommends maintaining a strategic + reserve under clause (i), an identification of mechanisms + for tracking inventory and availability of the item in the + strategic reserve; + (L) identify mechanisms in existence on the date of + enactment of this Act and mechanisms that can be developed to + ensure that the swift transport and delivery of the items + described in subparagraph (I) is feasible in the event of a + distribution network disturbance or degradation, including a + distribution network disturbance or degradation caused by a + significant event; + (M) include guidance for determining the prioritization for + the distribution of the items described in subparagraph (I), + including distribution to States and Indian Tribes; + (N) consider the advisability and feasibility of mechanisms + for extending the credit of the United States or providing + other financial support authorized by law to key participants + in the economy of the United States if the extension or + provision of other financial support-- + (i) is necessary to avoid severe economic degradation; + or + (ii) allows for the recovery from a significant event; + (O) include guidance for determining categories of + employees that should be prioritized to continue to work in + order to sustain the functions described in subparagraphs (B), + (D), and (E) in the event that there are limitations on the + ability of individuals to travel to workplaces or to work + remotely, including considerations for defense readiness; + (P) identify critical economic sectors necessary to provide + material and operational support to the defense of the United + States; + (Q) determine whether the Secretary of Homeland Security, + the National Guard, and the Secretary of Defense have adequate + authority to assist the United States in a recovery from a + severe economic degradation caused by a significant event; + (R) review and assess the authority and capability of heads + of other agencies that the President determines necessary to + assist the United States in a recovery from a severe economic + degradation caused by a significant event; and + (S) consider any other matter that would aid in protecting + and increasing the resilience of the economy of the United + States from a significant event. + (b) Coordination.--In developing the plan required under subsection +(a)(1), the President shall-- + (1) receive advice from-- + (A) the Secretary of Homeland Security; + (B) the Secretary of Defense; + (C) the Secretary of the Treasury; + (D) the Secretary of Health and Human Services; + (E) the Secretary of Commerce; + (F) the Secretary of Transportation; + (G) the Secretary of Energy; + (H) the Administrator of the Small Business Administration; + and + (I) the head of any other agency that the President + determines necessary to complete the plan; + (2) consult with economic sectors relating to critical + infrastructure through sector-coordinated councils, as appropriate; + (3) consult with relevant State, Tribal, and local governments + and organizations that represent those governments; and + (4) consult with any other non-Federal entity that the + President determines necessary to complete the plan. + (c) Submission to Congress.-- + (1) In general.--Not later than 2 years after the date of + enactment of this Act, and not less frequently than every 3 years + thereafter, the President shall submit the plan required under + subsection (a)(1) and the information described in paragraph (2) + to-- + (A) the majority and minority leaders of the Senate; + (B) the Speaker and the minority leader of the House of + Representatives; + (C) the Committee on Armed Services of the Senate; + (D) the Committee on Armed Services of the House of + Representatives; + (E) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (F) the Committee on Homeland Security of the House of + Representatives; + (G) the Committee on Health, Education, Labor, and Pensions + of the Senate; + (H) the Committee on Commerce, Science, and Transportation + of the Senate; + (I) the Committee on Energy and Commerce of the House of + Representatives; + (J) the Committee on Banking, Housing, and Urban Affairs of + the Senate; + (K) the Committee on Finance of the Senate; + (L) the Committee on Financial Services of the House of + Representatives; + (M) the Committee on Small Business and Entrepreneurship of + the Senate; + (N) the Committee on Small Business of the House of + Representatives; + (O) the Committee on Energy and Natural Resources of the + Senate; + (P) the Committee on Environment and Public Works of the + Senate; + (Q) the Committee on Indian Affairs of the Senate; + (R) the Committee on Oversight and Reform of the House of + Representatives; + (S) Committee on the Budget of the House of + Representatives; and + (T) any other committee of the Senate or the House of + Representatives that has jurisdiction over the subject of the + plan. + (2) Additional information.--The information described in this + paragraph is-- + (A) any change to Federal law that would be necessary to + carry out the plan required under subsection (a)(1); and + (B) any proposed changes to the funding levels provided in + appropriation Acts for the most recent fiscal year that can be + implemented in future appropriation Acts or additional + resources necessary to-- + (i) implement the plan required under subsection + (a)(1); or + (ii) maintain any program offices and personnel + necessary to-- + + (I) maintain the plan required under subsection + (a)(1) and the plans described in subsection (a)(3)(F); + and + (II) conduct exercises, assessments, and updates to + the plans described in subclause (I) over time. - In this division, the term ``State'' means the State of Colorado. + (3) Budget of the president.--The President may include the + information described in paragraph (2)(B) in the budget required to + be submitted by the President under section 1105(a) of title 31, + United States Code. + (d) Definitions.--In this section: + (1) The term ``agency'' has the meaning given the term in + section 551 of title 5, United States Code. + (2) The term ``economic sector'' means a sector of the economy + of the United States. + (3) The term ``relevant actor'' means-- + (A) the Federal Government; + (B) a State, local, or Tribal government; or + (C) the private sector. + (4) The term ``significant event'' means an event that causes + severe degradation to economic activity in the United States due + to-- + (A) a cyber attack; or + (B) another significant event that is natural or human- + caused. + (5) The term ``State'' means any State of the United States, + the District of Columbia, the Commonwealth of Puerto Rico, the + Virgin Islands, Guam, American Samoa, the Commonwealth of the + Northern Mariana Islands, and any possession of the United States. + + TITLE XCVII--FINANCIAL SERVICES MATTERS + + Subtitle A--Kleptocracy Asset Recovery Rewards Act + +Sec. 9701. Short title. +Sec. 9702. Sense of Congress. +Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards + Pilot Program. + + Subtitle B--Combating Russian Money Laundering + +Sec. 9711. Short title. +Sec. 9712. Statement of policy. +Sec. 9713. Sense of Congress. +Sec. 9714. Determination with respect to primary money laundering + concern of Russian illicit finance. + + Subtitle C--Other Matters + +Sec. 9721. Certified notice at completion of an assessment. +Sec. 9722. Ensuring Chinese debt transparency. +Sec. 9723. Accountability for World Bank Loans to China. +Sec. 9724. Fairness for Taiwan nationals regarding employment at + international financial institutions. + + Subtitle A--Kleptocracy Asset Recovery Rewards Act + +SEC. 9701. SHORT TITLE. + The subtitle may be cited as the ``Kleptocracy Asset Recovery +Rewards Act''. +SEC. 9702. SENSE OF CONGRESS. + It is the sense of Congress that a stolen asset recovery rewards +program to help identify and recover stolen assets linked to foreign +government corruption and the proceeds of such corruption hidden behind +complex financial structures is needed in order to-- + (1) intensify the global fight against corruption; and + (2) serve United States efforts to identify and recover such + stolen assets, forfeit proceeds of such corruption, and, where + appropriate and feasible, return the stolen assets or proceeds + thereof to the country harmed by the acts of corruption. +SEC. 9703. DEPARTMENT OF THE TREASURY KLEPTOCRACY ASSET RECOVERY +REWARDS PILOT PROGRAM. + (a) Establishment.-- + (1) In general.--There is established in the Department of the + Treasury a program to be known as the ``Kleptocracy Asset Recovery + Rewards Pilot Program'' for the payment of rewards to carry out the + purposes of this section. + (2) Purpose.--The rewards program shall be designed to support + U.S. Government programs and investigations aimed at restraining, + seizing, forfeiting, or repatriating stolen assets linked to + foreign government corruption and the proceeds of such corruption. + (3) Implementation.--The rewards program shall be administered + by the Secretary of the Treasury, with the concurrence of the + Secretary of State and the Attorney General, and in consultation, + as appropriate, with the heads of such other departments and + agencies as the Secretary may find appropriate. + (b) Rewards Authorized.--The Secretary of the Treasury may, with +the concurrence of the Secretary of State and the Attorney General, and +in consultation, as appropriate, with the heads of other relevant +Federal departments and agencies, pay a reward to any individual, if +that individual furnishes information leading to-- + (1) the restraining or seizure of stolen assets in an account + at a U.S. financial institution (including a U.S. branch of a + foreign financial institution), that come within the United States, + or that come within the possession or control of any United States + person; + (2) the forfeiture of stolen assets in an account at a U.S. + financial institution (including a U.S. branch of a foreign + financial institution), that come within the United States, or that + come within the possession or control of any United States person; + or + (3) where appropriate, the repatriation of stolen assets in an + account at a U.S. financial institution (including a U.S. branch of + a foreign financial institution), that come within the United + States, or that come within the possession or control of any United + States person. + (c) Procedures.--To ensure that the payment of rewards pursuant to +this section does not duplicate or interfere with any other payment +authorized by the Department of Justice or other Federal agencies for +the obtaining of information or other evidence, the Secretary of the +Treasury, in consultation with the Secretary of State, the Attorney +General, and the heads of such other agencies as the Secretary may find +appropriate, shall establish procedures for the offering, +administration, and payment of rewards under this section, including +procedures for-- + (1) identifying actions with respect to which rewards will be + offered; + (2) the receipt and analysis of data; and + (3) the payment of rewards and approval of such payments. + (d) Payment of Rewards.-- + (1) Authorization of appropriations.--For the purpose of paying + rewards pursuant to this section, there is authorized to be + appropriated-- + (A) $450,000 for fiscal year 2021; and + (B) for each fiscal year, any amount, not to exceed the + amount recovered during the fiscal year in stolen assets + described under subsection (b), that the Secretary determines + is necessary to carry out this program consistent with this + section. + (2) Limitation on annual payments.--Except as provided under + paragraph (3), the total amount of rewards paid pursuant to this + section may not exceed $25 million in any calendar year. + (3) Presidential authority.--The President may waive the + limitation under paragraph (2) with respect to a calendar year if + the President provides written notice of such waiver to the + appropriate committees of the Congress at least 30 days before any + payment in excess of such limitation is made pursuant to this + section. + (4) Priority of payments.--In paying any reward under this + section, the Secretary shall, to the extent possible, make such + reward payment-- + (A) first, from appropriated funds authorized under + paragraph (1)(A); and + (B) second, from appropriated funds authorized under + paragraph (1)(B). + (e) Limitations.-- + (1) Submission of information.--No award may be made under this + section based on information submitted to the Secretary unless such + information is submitted under penalty of perjury. + (2) Maximum amount.--No reward paid under this section may + exceed $5 million, unless the Secretary-- + (A) personally authorizes such greater amount in writing; + (B) determines that offer or payment of a reward of a + greater amount is necessary due to the exceptional nature of + the case; and + (C) notifies the appropriate committees of the Congress of + such determination. + (3) Approval.-- + (A) In general.--No reward amount may be paid under this + section without the written approval of the Secretary, with the + concurrence of the Secretary of State and the Attorney General. + (B) Delegation.--The Secretary may not delegate the + approval required under subparagraph (A) to anyone other than + an Under Secretary of the Department of the Treasury. + (4) Protection measures.--If the Secretary determines that the + identity of the recipient of a reward or of the members of the + recipient's immediate family must be protected, the Secretary + shall, consistent with applicable law, take such measures in + connection with the payment of the reward as the Secretary + considers necessary to effect such protection. + (5) Forms of reward payment.--The Secretary may make a reward + under this section in the form of a monetary payment. + (f) Ineligibility, Reduction in, or Denial of Reward.-- + (1) Officer and employees.--An officer or employee of any + entity of Federal, State, or local government or of a foreign + government who, while in the performance of official duties, + furnishes information described under subsection (b) shall not be + eligible for a reward under this section. + (2) Participating individuals.--If the claim for a reward is + brought by an individual who the Secretary has a reasonable basis + to believe knowingly planned, initiated, directly participated in, + or facilitated the actions that led to assets of a foreign state or + governmental entity being stolen, misappropriated, or illegally + diverted or to the payment of bribes or other foreign governmental + corruption, the Secretary shall appropriately reduce, and may deny, + such award. If such individual is convicted of criminal conduct + arising from the role described in the preceding sentence, the + Secretary shall deny or may seek to recover any reward, as the case + may be. + (g) Report.-- + (1) In general.--Within 180 days of the enactment of this + section, and annually thereafter for 3 years, the Secretary shall + issue a report to the appropriate committees of the Congress-- + (A) detailing to the greatest extent possible the amount, + location, and ownership or beneficial ownership of any stolen + assets that, on or after the date of the enactment of this + section, come within the United States or that come within the + possession or control of any United States person; + (B) discussing efforts being undertaken to identify more + such stolen assets and their owners or beneficial owners; and + (C) including a discussion of the interactions of the + Department of the Treasury with the international financial + institutions (as defined in section 1701(c)(2) of the + International Financial Institutions Act) to identify the + amount, location, and ownership, or beneficial ownership, of + stolen assets held in financial institutions outside the United + States. + (2) Exception.--The report issued under paragraph (1) shall not + include information related to ongoing investigations or + information related to closed investigations that would reveal + identities of individuals not charged with a criminal offense, + would reveal identities of investigative sources or methods, would + reveal identities of witnesses, would compromise subsequent + investigations, or the disclosure of which is otherwise prohibited + by law, the Federal Rules of Criminal Procedure, regulation, or + court order. + (h) Report on Disposition of Recovered Assets.--Within 360 days of +the enactment of this Act, the Secretary of the Treasury, with the +concurrence of the Secretary of State and the Attorney General, shall +issue a report to the appropriate committees of Congress describing +policy choices and recommendations for disposition of stolen assets +recovered pursuant to this section. + (i) Sunset of Pilot Program.--The authorities under this section, +as well as the program established pursuant to this section, shall +terminate three years after the date of the enactment of this Act. + (j) Definitions.--For purposes of this section: + (1) Appropriate committees of the congress.--The term + ``appropriate committees of the Congress'' means the Committee on + Financial Services of the House of Representatives, the Committee + on Banking, Housing, and Urban Affairs of the Senate, the Committee + on the Judiciary of the House of Representatives, the Committee on + the Judiciary of the Senate, the Committee on Foreign Affairs of + the House of Representatives, and the Committee on Foreign + Relations of the Senate. + (2) Financial asset.--The term `financial asset' means any + funds, investments, or ownership interests, as defined by the + Secretary, that on or after the date of the enactment of this + section come within the United States or that come within the + possession or control of any United States person. + (3) Foreign government corruption.--The term ``foreign + government corruption'' means corruption, as defined by the United + Nations Convention Against Corruption. + (4) Foreign public official.--The term ``foreign public + official'' includes any person who occupies a public office by + virtue of having been elected, appointed, or employed, including + any military, civilian, special, honorary, temporary, or + uncompensated official. + (5) Immediate family member.--The term ``immediate family + member'', with respect to an individual, has the meaning given the + term ``member of the immediate family'' under section 36(k) of the + State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)). + (6) Rewards program.--The term ``rewards program'' means the + program established in subsection (a)(1) of this section. + (7) Secretary.--The term ``Secretary'' means the Secretary of + the Treasury. + (8) Stolen assets.--The term ``stolen assets'' means financial + assets within the jurisdiction of the United States, constituting, + derived from, or traceable to, any proceeds obtained directly or + indirectly from foreign government corruption. + + Subtitle B--Combating Russian Money Laundering + +SEC. 9711. SHORT TITLE. + This subtitle may be cited as the ``Combating Russian Money +Laundering Act''. +SEC. 9712. STATEMENT OF POLICY. + It is the policy of the United States to-- + (1) protect the United States financial sector from abuse by + malign actors; and + (2) use all available financial tools to counter adversaries. +SEC. 9713. SENSE OF CONGRESS. + It is the sense of Congress that-- + (1) the efforts of the Government of the Russian Federation, + Russian state-owned enterprises, and Russian oligarchs to move and + disguise the source, ownership, location, or control of illicit + funds or value constitute money laundering; + (2) such money laundering efforts could assist in the Russian + Government's ongoing political and economic influence and + destabilization operations, which in turn could affect United + States and European democracy, national security, and rule of law; + (3) the Secretary of the Treasury should determine whether + Russia and the financial institutions through which the Russian + Government, political leaders, state-owned enterprises, and + oligarchs launder money are of primary money laundering concern; + and + (4) the Secretary of the Treasury should consider the need for + financial institutions and other obligated entities to apply + enhanced due diligence measures to transactions with the Russian + Government, political leaders, state-owned enterprises, and + financial institutions. +SEC. 9714. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING +CONCERN OF RUSSIAN ILLICIT FINANCE. + (a) Determination.--If the Secretary of the Treasury determines +that reasonable grounds exist for concluding that one or more financial +institutions operating outside of the United States, or 1 or more +classes of transactions within, or involving, a jurisdiction outside of +the United States, or 1 or more types of accounts within, or involving, +a jurisdiction outside of the United States is of primary money +laundering concern in connection with Russian illicit finance, the +Secretary of the Treasury may, by order, regulation, or otherwise as +permitted by law-- + (1) require domestic financial institutions and domestic + financial agencies to take 1 or more of the special measures + described in section 5318A(b) of title 31, United States Code; or + (2) prohibit, or impose conditions upon, certain transmittals + of funds (to be defined by the Secretary) by any domestic financial + institution or domestic financial agency, if such transmittal of + funds involves any such institution, class of transaction, or type + of account. + (b) Report Required.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the Secretary of the Treasury shall submit + to the Committees on Financial Services and Foreign Affairs of the + House of Representatives and the Committees on Banking, Housing, + and Urban Affairs and Foreign Relations of the Senate a report that + shall identify any additional regulations, statutory changes, + enhanced due diligence, and reporting requirements that are + necessary to better identify, prevent, and combat money laundering + linked to Russia, including related to-- + (A) identifying the beneficial ownership of anonymous + companies; + (B) strengthening current, or enacting new, reporting + requirements and customer due diligence requirements for the + real estate sector, law firms, and other trust and corporate + service providers; + (C) enhanced know-your-customer procedures and screening + for transactions involving Russian political leaders, Russian + state-owned enterprises, and known Russian transnational + organized crime figures; and + (D) establishing a permanent solution to collecting + information nationwide to track ownership of real estate. + (2) Format.--The report required under this subsection shall be + made available to the public, including on the website of the + Department of the Treasury, but may contain a classified annex and + be accompanied by a classified briefing. + (c) Sense of Congress on International Cooperation.--It is the +sense of the Congress that the Secretary of the Treasury and other +relevant cabinet members (such as the Secretary of State, Secretary of +Homeland Security, and Attorney General) should work jointly with +European, E.U., and U.K. financial intelligence units, trade +transparency units, and appropriate law enforcement authorities to +present, both in the report required under subsection (b) and in future +analysis of suspicious transaction reports, cash transaction reports, +currency and monetary instrument reports, and other relevant data to +identify trends and assess risks in the movement of illicit funds from +Russia through the United States, British, and European financial +systems. - TITLE I--CONTINENTAL DIVIDE + Subtitle C--Other Matters -SEC. 21101. DEFINITIONS. +SEC. 9721. CERTIFIED NOTICE AT COMPLETION OF AN ASSESSMENT. + (a) In General.--Section 721(b)(3) of the Defense Production Act of +1950 (50 U.S.C. 4565(b)(3)) is amended-- + (1) in subparagraph (A)-- + (A) in the heading, by adding ``or assessment'' at the end; + and + (B) by striking ``subsection (b) that concludes action + under this section'' and inserting ``this subsection that + concludes action under this section, or upon the Committee + making a notification under paragraph (1)(C)(v)(III)(aa)(DD)''; + and + (2) in subparagraph (C)(i)-- + (A) in subclause (I), by striking ``and'' at the end; + (B) in subclause (II), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: - In this title: - (1) Covered area.--The term ``covered area'' means any area - designated as wilderness by the amendments to section 2(a) of - the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; - Public Law 103-77) made by section 21102(a). - (2) Historic landscape.--The term ``Historic Landscape'' - means the Camp Hale National Historic Landscape designated by - section 21107(a). - (3) Recreation management area.--The term ``Recreation - Management Area'' means the Tenmile Recreation Management Area - designated by section 21104(a). - (4) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture. - (5) Wildlife conservation area.--The term ``Wildlife - Conservation Area'' means, as applicable-- - (A) the Porcupine Gulch Wildlife Conservation Area - designated by section 21105(a); and - (B) the Williams Fork Mountains Wildlife - Conservation Area designated by section 21106(a). - -SEC. 21102. COLORADO WILDERNESS ADDITIONS. - - (a) Designation.--Section 2(a) of the Colorado Wilderness Act of -1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended-- - (1) in paragraph (18), by striking ``1993,'' and inserting - ``1993, and certain Federal land within the White River - National Forest that comprises approximately 6,896 acres, as - generally depicted as `Proposed Ptarmigan Peak Wilderness - Additions' on the map entitled `Proposed Ptarmigan Peak - Wilderness Additions' and dated June 24, 2019,''; and - (2) by adding at the end the following: - ``(23) Holy cross wilderness addition.--Certain Federal - land within the White River National Forest that comprises - approximately 3,866 acres, as generally depicted as `Proposed - Megan Dickie Wilderness Addition' on the map entitled `Holy - Cross Wilderness Addition Proposal' and dated June 24, 2019, - which shall be incorporated into, and managed as part of, the - Holy Cross Wilderness designated by section 102(a)(5) of Public - Law 96-560 (94 Stat. 3266). - ``(24) Hoosier ridge wilderness.--Certain Federal land - within the White River National Forest that comprises - approximately 5,235 acres, as generally depicted as `Proposed - Hoosier Ridge Wilderness' on the map entitled `Tenmile - Proposal' and dated June 24, 2019, which shall be known as the - `Hoosier Ridge Wilderness'. - ``(25) Tenmile wilderness.--Certain Federal land within the - White River National Forest that comprises approximately 7,624 - acres, as generally depicted as `Proposed Tenmile Wilderness' - on the map entitled `Tenmile Proposal' and dated June 24, 2019, - which shall be known as the `Tenmile Wilderness'. - ``(26) Eagles nest wilderness additions.--Certain Federal - land within the White River National Forest that comprises - approximately 9,670 acres, as generally depicted as `Proposed - Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek - Wilderness Addition' on the map entitled `Eagles Nest - Wilderness Additions Proposal' and dated June 24, 2019, which - shall be incorporated into, and managed as part of, the Eagles - Nest Wilderness designated by Public Law 94-352 (90 Stat. - 870).''. - (b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C. -1131 et seq.) to the effective date of that Act shall be considered to -be a reference to the date of enactment of this Act for purposes of -administering a covered area. - (c) Fire, Insects, and Diseases.--In accordance with section -4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may -carry out any activity in a covered area that the Secretary determines -to be necessary for the control of fire, insects, and diseases, subject -to such terms and conditions as the Secretary determines to be -appropriate. - (d) Grazing.--The grazing of livestock on a covered area, if -established before the date of enactment of this Act, shall be -permitted to continue subject to such reasonable regulations as are -considered to be necessary by the Secretary, in accordance with-- - (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. - 1133(d)(4)); and - (2) the guidelines set forth in Appendix A of the report of - the Committee on Interior and Insular Affairs of the House of - Representatives accompanying H.R. 2570 of the 101st Congress - (H. Rept. 101-405). - (e) Coordination.--For purposes of administering the Federal land -designated as wilderness by paragraph (26) of section 2(a) of the -Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103- -77) (as added by subsection (a)(2)), the Secretary shall, as determined -to be appropriate for the protection of watersheds, coordinate the -activities of the Secretary in response to fires and flooding events -with interested State and local agencies, including operations using -aircraft or mechanized equipment. - -SEC. 21103. WILLIAMS FORK MOUNTAINS WILDERNESS. - - (a) Designation.--In furtherance of the purposes of the Wilderness -Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River -National Forest in the State, comprising approximately 8,036 acres and -generally depicted as ``Proposed Williams Fork Mountains Wilderness'' -on the map entitled ``Williams Fork Mountains Proposal'' and dated June -24, 2019, is designated as a potential wilderness area. - (b) Management.--Subject to valid existing rights and except as -provided in subsection (d), the potential wilderness area designated by -subsection (a) shall be managed in accordance with-- - (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and - (2) this section. - (c) Livestock Use of Vacant Allotments.-- - (1) In general.--Not later than 3 years after the date of - enactment of this Act, in accordance with applicable laws - (including regulations), the Secretary shall publish a - determination regarding whether to authorize livestock grazing - or other use by livestock on the vacant allotments known as-- - (A) the ``Big Hole Allotment''; and - (B) the ``Blue Ridge Allotment''. - (2) Modification of allotments.--In publishing a - determination pursuant to paragraph (1), the Secretary may - modify or combine the vacant allotments referred to in that - paragraph. - (3) Permit or other authorization.--Not later than 1 year - after the date on which a determination of the Secretary to - authorize livestock grazing or other use by livestock is - published under paragraph (1), if applicable, the Secretary - shall grant a permit or other authorization for that livestock - grazing or other use in accordance with applicable laws - (including regulations). - (d) Range Improvements.-- - (1) In general.--If the Secretary permits livestock grazing - or other use by livestock on the potential wilderness area - under subsection (c), the Secretary, or a third party - authorized by the Secretary, may use any motorized or - mechanized transport or equipment for purposes of constructing - or rehabilitating such range improvements as are necessary to - obtain appropriate livestock management objectives (including - habitat and watershed restoration). - (2) Termination of authority.--The authority provided by - this subsection terminates on the date that is 2 years after - the date on which the Secretary publishes a positive - determination under subsection (c)(3). - (e) Designation as Wilderness.-- - (1) Designation.--The potential wilderness area designated - by subsection (a) shall be designated as wilderness, to be - known as the ``Williams Fork Mountains Wilderness''-- - (A) effective not earlier than the date that is 180 - days after the date of enactment this Act; and - (B) on the earliest of-- - (i) the date on which the Secretary - publishes in the Federal Register a notice that - the construction or rehabilitation of range - improvements under subsection (d) is complete; - (ii) the date described in subsection - (d)(2); and - (iii) the effective date of a determination - of the Secretary not to authorize livestock - grazing or other use by livestock under - subsection (c)(1). - (2) Administration.--Subject to valid existing rights, the - Secretary shall manage the Williams Fork Mountains Wilderness - in accordance with-- - (A) the Colorado Wilderness Act of 1993 (16 U.S.C. - 1132 note; Public Law 103-77); and - (B) this title. - -SEC. 21104. TENMILE RECREATION MANAGEMENT AREA. - - (a) Designation.--Subject to valid existing rights, the -approximately 17,122 acres of Federal land in the White River National -Forest in the State, as generally depicted as ``Proposed Tenmile -Recreation Management Area'' on the map entitled ``Tenmile Proposal'' -and dated June 24, 2019, are designated as the ``Tenmile Recreation -Management Area''. - (b) Purposes.--The purposes of the Recreation Management Area are -to conserve, protect, and enhance for the benefit and enjoyment of -present and future generations the recreational, scenic, watershed, -habitat, and ecological resources of the Recreation Management Area. - (c) Management.-- - (1) In general.--The Secretary shall manage the Recreation - Management Area-- - (A) in a manner that conserves, protects, and - enhances-- - (i) the purposes of the Recreation - Management Area described in subsection (b); - and - (ii) recreation opportunities, including - mountain biking, hiking, fishing, horseback - riding, snowshoeing, climbing, skiing, camping, - and hunting; and - (B) in accordance with-- - (i) the Forest and Rangeland Renewable - Resources Planning Act of 1974 (16 U.S.C. 1600 - et seq.); - (ii) any other applicable laws (including - regulations); and - (iii) this section. - (2) Uses.-- - (A) In general.--The Secretary shall only allow - such uses of the Recreation Management Area as the - Secretary determines would further the purposes - described in subsection (b). - (B) Vehicles.-- - (i) In general.--Except as provided in - clause (iii), the use of motorized vehicles in - the Recreation Management Area shall be limited - to the roads, vehicle classes, and periods - authorized for motorized vehicle use on the - date of enactment of this Act. - (ii) New or temporary roads.--Except as - provided in clause (iii), no new or temporary - road shall be constructed in the Recreation - Management Area. - (iii) Exceptions.--Nothing in clause (i) or - (ii) prevents the Secretary from-- - (I) rerouting or closing an - existing road or trail to protect - natural resources from degradation, as - the Secretary determines to be - appropriate; - (II) authorizing the use of - motorized vehicles for administrative - purposes or roadside camping; - (III) constructing temporary roads - or permitting the use of motorized - vehicles to carry out pre- or post-fire - watershed protection projects; - (IV) authorizing the use of - motorized vehicles to carry out any - activity described in subsection (d), - (e)(1), or (f); or - (V) responding to an emergency. - (C) Commercial timber.-- - (i) In general.--Subject to clause (ii), no - project shall be carried out in the Recreation - Management Area for the purpose of harvesting - commercial timber. - (ii) Limitation.--Nothing in clause (i) - prevents the Secretary from harvesting or - selling a merchantable product that is a - byproduct of an activity authorized under this - section. - (d) Fire, Insects, and Diseases.--The Secretary may carry out any -activity, in accordance with applicable laws (including regulations), -that the Secretary determines to be necessary to prevent, control, or -mitigate fire, insects, or disease in the Recreation Management Area, -subject to such terms and conditions as the Secretary determines to be -appropriate. - (e) Water.-- - (1) Effect on water management infrastructure.--Nothing in - this section affects the construction, repair, reconstruction, - replacement, operation, maintenance, or renovation within the - Recreation Management Area of-- - (A) water management infrastructure in existence on - the date of enactment of this Act; or - (B) any future infrastructure necessary for the - development or exercise of water rights decreed before - the date of enactment of this Act. - (2) Applicable law.--Section 3(e) of the James Peak - Wilderness and Protection Area Act (Public Law 107-216; 116 - Stat. 1058) shall apply to the Recreation Management Area. - (f) Regional Transportation Projects.--Nothing in this section -precludes the Secretary from authorizing, in accordance with applicable -laws (including regulations), the use or leasing of Federal land within -the Recreation Management Area for-- - (1) a regional transportation project, including-- - (A) highway widening or realignment; and - (B) construction of multimodal transportation - systems; or - (2) any infrastructure, activity, or safety measure - associated with the implementation or use of a facility - constructed under paragraph (1). - (g) Applicable Law.--Nothing in this section affects the -designation of the Federal land within the Recreation Management Area -for purposes of-- - (1) section 138 of title 23, United States Code; or - (2) section 303 of title 49, United States Code. - (h) Permits.--Nothing in this section alters or limits-- - (1) any permit held by a ski area or other entity; or - (2) the acceptance, review, or implementation of associated - activities or facilities proposed or authorized by law or - permit outside the boundaries of the Recreation Management - Area. - -SEC. 21105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA. - - (a) Designation.--Subject to valid existing rights, the -approximately 8,287 acres of Federal land located in the White River -National Forest, as generally depicted as ``Proposed Porcupine Gulch -Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch -Wildlife Conservation Area Proposal'' and dated June 24, 2019, are -designated as the ``Porcupine Gulch Wildlife Conservation Area'' -(referred to in this section as the ``Wildlife Conservation Area''). - (b) Purposes.--The purposes of the Wildlife Conservation Area are-- - (1) to conserve and protect a wildlife migration corridor - over Interstate 70; and - (2) to conserve, protect, and enhance for the benefit and - enjoyment of present and future generations the wildlife, - scenic, roadless, watershed, and ecological resources of the - Wildlife Conservation Area. - (c) Management.-- - (1) In general.--The Secretary shall manage the Wildlife - Conservation Area-- - (A) in a manner that conserves, protects, and - enhances the purposes described in subsection (b); and - (B) in accordance with-- - (i) the Forest and Rangeland Renewable - Resources Planning Act of 1974 (16 U.S.C. 1600 - et seq.); - (ii) any other applicable laws (including - regulations); and - (iii) this section. - (2) Uses.-- - (A) In general.--The Secretary shall only allow - such uses of the Wildlife Conservation Area as the - Secretary determines would further the purposes - described in subsection (b). - (B) Recreation.--The Secretary may permit such - recreational activities in the Wildlife Conservation - Area that the Secretary determines are consistent with - the purposes described in subsection (b). - (C) Motorized vehicles and mechanized transport; - new or temporary roads.-- - (i) Motorized vehicles and mechanized - transport.--Except as provided in clause (iii), - the use of motorized vehicles and mechanized - transport in the Wildlife Conservation Area - shall be prohibited. - (ii) New or temporary roads.--Except as - provided in clause (iii) and subsection (e), no - new or temporary road shall be constructed - within the Wildlife Conservation Area. - (iii) Exceptions.--Nothing in clause (i) or - (ii) prevents the Secretary from-- - (I) authorizing the use of - motorized vehicles or mechanized - transport for administrative purposes; - (II) constructing temporary roads - or permitting the use of motorized - vehicles or mechanized transport to - carry out pre- or post-fire watershed - protection projects; - (III) authorizing the use of - motorized vehicles or mechanized - transport to carry out activities - described in subsection (d) or (e); or - (IV) responding to an emergency. - (D) Commercial timber.-- - (i) In general.--Subject to clause (ii), no - project shall be carried out in the Wildlife - Conservation Area for the purpose of harvesting - commercial timber. - (ii) Limitation.--Nothing in clause (i) - prevents the Secretary from harvesting or - selling a merchantable product that is a - byproduct of an activity authorized under this - section. - (d) Fire, Insects, and Diseases.--The Secretary may carry out any -activity, in accordance with applicable laws (including regulations), -that the Secretary determines to be necessary to prevent, control, or -mitigate fire, insects, or disease in the Wildlife Conservation Area, -subject to such terms and conditions as the Secretary determines to be -appropriate. - (e) Regional Transportation Projects.--Nothing in this section or -section 21110(e) precludes the Secretary from authorizing, in -accordance with applicable laws (including regulations), the use or -leasing of Federal land within the Wildlife Conservation Area for-- - (1) a regional transportation project, including-- - (A) highway widening or realignment; and - (B) construction of multimodal transportation - systems; or - (2) any infrastructure, activity, or safety measure - associated with the implementation or use of a facility - constructed under paragraph (1). - (f) Applicable Law.--Nothing in this section affects the -designation of the Federal land within the Wildlife Conservation Area -for purposes of-- - (1) section 138 of title 23, United States Code; or - (2) section 303 of title 49, United States Code. - (g) Water.--Section 3(e) of the James Peak Wilderness and -Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to -the Wildlife Conservation Area. - -SEC. 21106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA. - - (a) Designation.--Subject to valid existing rights, the -approximately 3,528 acres of Federal land in the White River National -Forest in the State, as generally depicted as ``Proposed Williams Fork -Mountains Wildlife Conservation Area'' on the map entitled ``Williams -Fork Mountains Proposal'' and dated June 24, 2019, are designated as -the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to -in this section as the ``Wildlife Conservation Area''). - (b) Purposes.--The purposes of the Wildlife Conservation Area are -to conserve, protect, and enhance for the benefit and enjoyment of -present and future generations the wildlife, scenic, roadless, -watershed, recreational, and ecological resources of the Wildlife -Conservation Area. - (c) Management.-- - (1) In general.--The Secretary shall manage the Wildlife - Conservation Area-- - (A) in a manner that conserves, protects, and - enhances the purposes described in subsection (b); and - (B) in accordance with-- - (i) the Forest and Rangeland Renewable - Resources Planning Act of 1974 (16 U.S.C. 1600 - et seq.); - (ii) any other applicable laws (including - regulations); and - (iii) this section. - (2) Uses.-- - (A) In general.--The Secretary shall only allow - such uses of the Wildlife Conservation Area as the - Secretary determines would further the purposes - described in subsection (b). - (B) Motorized vehicles.-- - (i) In general.--Except as provided in - clause (iii), the use of motorized vehicles in - the Wildlife Conservation Area shall be limited - to designated roads and trails. - (ii) New or temporary roads.--Except as - provided in clause (iii), no new or temporary - road shall be constructed in the Wildlife - Conservation Area. - (iii) Exceptions.--Nothing in clause (i) or - (ii) prevents the Secretary from-- - (I) authorizing the use of - motorized vehicles for administrative - purposes; - (II) authorizing the use of - motorized vehicles to carry out - activities described in subsection (d); - or - (III) responding to an emergency. - (C) Bicycles.--The use of bicycles in the Wildlife - Conservation Area shall be limited to designated roads - and trails. - (D) Commercial timber.-- - (i) In general.--Subject to clause (ii), no - project shall be carried out in the Wildlife - Conservation Area for the purpose of harvesting - commercial timber. - (ii) Limitation.--Nothing in clause (i) - prevents the Secretary from harvesting or - selling a merchantable product that is a - byproduct of an activity authorized under this - section. - (E) Grazing.--The laws (including regulations) and - policies followed by the Secretary in issuing and - administering grazing permits or leases on land under - the jurisdiction of the Secretary shall continue to - apply with regard to the land in the Wildlife - Conservation Area, consistent with the purposes - described in subsection (b). - (d) Fire, Insects, and Diseases.--The Secretary may carry out any -activity, in accordance with applicable laws (including regulations), -that the Secretary determines to be necessary to prevent, control, or -mitigate fire, insects, or disease in the Wildlife Conservation Area, -subject to such terms and conditions as the Secretary determines to be -appropriate. - (e) Regional Transportation Projects.--Nothing in this section or -section 21110(e) precludes the Secretary from authorizing, in -accordance with applicable laws (including regulations), the use or -leasing of Federal land within the Wildlife Conservation Area for-- - (1) a regional transportation project, including-- - (A) highway widening or realignment; and - (B) construction of multimodal transportation - systems; or - (2) any infrastructure, activity, or safety measure - associated with the implementation or use of a facility - constructed under paragraph (1). - (f) Water.--Section 3(e) of the James Peak Wilderness and -Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to -the Wildlife Conservation Area. - -SEC. 21107. CAMP HALE NATIONAL HISTORIC LANDSCAPE. - - (a) Designation.--Subject to valid existing rights, the -approximately 28,676 acres of Federal land in the White River National -Forest in the State, as generally depicted as ``Proposed Camp Hale -National Historic Landscape'' on the map entitled ``Camp Hale National -Historic Landscape Proposal'' and dated June 24, 2019, are designated -the ``Camp Hale National Historic Landscape''. - (b) Purposes.--The purposes of the Historic Landscape are-- - (1) to provide for-- - (A) the interpretation of historic events, - activities, structures, and artifacts of the Historic - Landscape, including with respect to the role of the - Historic Landscape in local, national, and world - history; - (B) the historic preservation of the Historic - Landscape, consistent with-- - (i) the designation of the Historic - Landscape as a national historic site; and - (ii) the other purposes of the Historic - Landscape; - (C) recreational opportunities, with an emphasis on - the activities related to the historic use of the - Historic Landscape, including skiing, snowshoeing, - snowmobiling, hiking, horseback riding, climbing, other - road- and trail-based activities, and other outdoor - activities; and - (D) the continued environmental remediation and - removal of unexploded ordnance at the Camp Hale - Formerly Used Defense Site and the Camp Hale historic - cantonment area; and - (2) to conserve, protect, restore, and enhance for the - benefit and enjoyment of present and future generations the - scenic, watershed, and ecological resources of the Historic - Landscape. - (c) Management.-- - (1) In general.--The Secretary shall manage the Historic - Landscape in accordance with-- - (A) the purposes of the Historic Landscape - described in subsection (b); and - (B) any other applicable laws (including - regulations). - (2) Management plan.-- - (A) In general.--Not later than 5 years after the - date of enactment of this Act, the Secretary shall - prepare a management plan for the Historic Landscape. - (B) Contents.--The management plan prepared under - subparagraph (A) shall include plans for-- - (i) improving the interpretation of - historic events, activities, structures, and - artifacts of the Historic Landscape, including - with respect to the role of the Historic - Landscape in local, national, and world - history; - (ii) conducting historic preservation and - veteran outreach and engagement activities; - (iii) managing recreational opportunities, - including the use and stewardship of-- - (I) the road and trail systems; and - (II) dispersed recreation - resources; - (iv) the conservation, protection, - restoration, or enhancement of the scenic, - watershed, and ecological resources of the - Historic Landscape, including conducting the - restoration and enhancement project under - subsection (d); and - (v) environmental remediation and, - consistent with subsection (e)(2), the removal - of unexploded ordnance. - (3) Explosive hazards.--The Secretary shall provide to the - Secretary of the Army a notification of any unexploded ordnance - (as defined in section 101(e) of title 10, United States Code) - that is discovered in the Historic Landscape. - (d) Camp Hale Restoration and Enhancement Project.-- - (1) In general.--The Secretary shall conduct a restoration - and enhancement project in the Historic Landscape-- - (A) to improve aquatic, riparian, and wetland - conditions in and along the Eagle River and tributaries - of the Eagle River; - (B) to maintain or improve recreation and - interpretive opportunities and facilities; and - (C) to conserve historic values in the Camp Hale - area. - (2) Coordination.--In carrying out the project described in - paragraph (1), the Secretary shall coordinate with-- - (A) the United States Army Corps of Engineers; - (B) the Camp Hale-Eagle River Headwaters - Collaborative Group; - (C) the National Forest Foundation; - (D) the Colorado Department of Public Health and - Environment; - (E) the Colorado State Historic Preservation - Office; - (F) units of local government; and - (G) other interested organizations and members of - the public. - (e) Environmental Remediation.-- - (1) In general.--The Secretary of the Army shall continue - to carry out the projects and activities of the Department of - the Army in existence on the date of enactment of this Act - relating to cleanup of-- - (A) the Camp Hale Formerly Used Defense Site; or - (B) the Camp Hale historic cantonment area. - (2) Removal of unexploded ordnance.-- - (A) In general.--The Secretary of the Army may - remove unexploded ordnance (as defined in section - 101(e) of title 10, United States Code) from the - Historic Landscape, as the Secretary of the Army - determines to be appropriate in accordance with - applicable law (including regulations). - (B) Action on receipt of notice.--On receipt from - the Secretary of a notification of unexploded ordnance - under subsection (c)(3), the Secretary of the Army may - remove the unexploded ordnance in accordance with-- - (i) the program for environmental - restoration of formerly used defense sites - under section 2701 of title 10, United States - Code; - (ii) the Comprehensive Environmental - Response, Compensation, and Liability Act of - 1980 (42 U.S.C. 9601 et seq.); and - (iii) any other applicable provision of law - (including regulations). - (3) Effect of subsection.--Nothing in this subsection - modifies any obligation in existence on the date of enactment - of this Act relating to environmental remediation or removal of - any unexploded ordnance located in or around the Camp Hale - historic cantonment area, the Camp Hale Formerly Used Defense - Site, or the Historic Landscape, including such an obligation - under-- - (A) the program for environmental restoration of - formerly used defense sites under section 2701 of title - 10, United States Code; - (B) the Comprehensive Environmental Response, - Compensation, and Liability Act of 1980 (42 U.S.C. 9601 - et seq.); or - (C) any other applicable provision of law - (including regulations). - (f) Interagency Agreement.--The Secretary and the Secretary of the -Army shall enter into an agreement-- - (1) to specify-- - (A) the activities of the Secretary relating to the - management of the Historic Landscape; and - (B) the activities of the Secretary of the Army - relating to environmental remediation and the removal - of unexploded ordnance in accordance with subsection - (e) and other applicable laws (including regulations); - and - (2) to require the Secretary to provide to the Secretary of - the Army, by not later than 1 year after the date of enactment - of this Act and periodically thereafter, as appropriate, a - management plan for the Historic Landscape for purposes of the - removal activities described in subsection (e). - (g) Effect.--Nothing in this section-- - (1) affects the jurisdiction of the State over any water - law, water right, or adjudication or administration relating to - any water resource; - (2) affects any water right in existence on or after the - date of enactment of this Act, or the exercise of such a water - right, including-- - (A) a water right under an interstate water compact - (including full development of any apportionment made - in accordance with such a compact); - (B) a water right decreed within, above, below, or - through the Historic Landscape; - (C) a water right held by the United States; - (D) the management or operation of any reservoir, - including the storage, management, release, or - transportation of water; and - (E) the construction or operation of such - infrastructure as is determined to be necessary by an - individual or entity holding water rights to develop - and place to beneficial use those rights, subject to - applicable Federal, State, and local law (including - regulations); - (3) constitutes an express or implied reservation by the - United States of any reserved or appropriative water right; - (4) alters or limits-- - (A) a permit held by a ski area; - (B) the implementation of activities governed by a - ski area permit; or - (C) the authority of the Secretary to modify or - expand an existing ski area permit; - (5) prevents the Secretary from closing portions of the - Historic Landscape for public safety, environmental - remediation, or other use in accordance with applicable laws; - or - (6) affects-- - (A) any special use permit in effect on the date of - enactment of this Act; or - (B) the renewal of a permit described in - subparagraph (A). - (h)(1) Funding.--There is established in the general fund of the -Treasury a special account, to be known as the ``Camp Hale Historic -Preservation and Restoration Fund''. - (2) There is authorized to be appropriated to the Camp Hale -Historic Preservation and Restoration Fund $10,000,000, to be available -to the Secretary until expended, for activities relating to historic -interpretation, preservation, and restoration carried out in and around -the Historic Landscape. - (i) Designation of Overlook.--The interpretive site located beside -United States Route 24 in the State, at 39.431N 106.323W, is hereby -designated as the ``Sandy Treat Overlook''. - -SEC. 21108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION. - - (a) In General.--The boundary of the White River National Forest is -modified to include the approximately 120 acres comprised of the SW 1/ -4, the SE 1/4, and the NE 1/4 of the SE 1/4 of sec. 1, T. 2 S., R. 80 -W., 6th Principal Meridian, in Summit County in the State. - (b) Land and Water Conservation Fund.--For purposes of section -200306 of title 54, United States Code, the boundaries of the White -River National Forest, as modified under subsection (a), shall be -considered to be the boundaries of the White River National Forest as -in existence on January 1, 1965. - -SEC. 21109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY - ADJUSTMENT. - - (a) Purpose.--The purpose of this section is to provide for the -ongoing maintenance and use of portions of the Trail River Ranch and -the associated property located within Rocky Mountain National Park in -Grand County in the State. - (b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public -Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is -amended by adding at the end the following: - ``(3) Boundary adjustment.--The boundary of the Potential - Wilderness is modified to exclude the area comprising - approximately 15.5 acres of land identified as `Potential - Wilderness to Non-wilderness' on the map entitled `Rocky - Mountain National Park Proposed Wilderness Area Amendment' and - dated January 16, 2018.''. - -SEC. 21110. ADMINISTRATIVE PROVISIONS. - - (a) Fish and Wildlife.--Nothing in this title affects the -jurisdiction or responsibility of the State with respect to fish and -wildlife in the State. - (b) No Buffer Zones.-- - (1) In general.--Nothing in this title or an amendment made - by this title establishes a protective perimeter or buffer zone - around-- - (A) a covered area; - (B) a wilderness area or potential wilderness area - designated by section 21103; - (C) the Recreation Management Area; - (D) a Wildlife Conservation Area; or - (E) the Historic Landscape. - (2) Outside activities.--The fact that a nonwilderness - activity or use on land outside of a covered area can be seen - or heard from within the covered area shall not preclude the - activity or use outside the boundary of the covered area. - (c) Maps and Legal Descriptions.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall file maps and legal - descriptions of each area described in subsection (b)(1) with-- - (A) the Committee on Natural Resources of the House - of Representatives; and - (B) the Committee on Energy and Natural Resources - of the Senate. - (2) Force of law.--Each map and legal description filed - under paragraph (1) shall have the same force and effect as if - included in this title, except that the Secretary may correct - any typographical errors in the maps and legal descriptions. - (3) Public availability.--Each map and legal description - filed under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the Forest - Service. - (d) Acquisition of Land.-- - (1) In general.--The Secretary may acquire any land or - interest in land within the boundaries of an area described in - subsection (b)(1) only through exchange, donation, or purchase - from a willing seller. - (2) Management.--Any land or interest in land acquired - under paragraph (1) shall be incorporated into, and - administered as a part of, the wilderness area, Recreation - Management Area, Wildlife Conservation Area, or Historic - Landscape, as applicable, in which the land or interest in land - is located. - (e) Withdrawal.--Subject to valid rights in existence on the date -of enactment of this Act, the areas described in subsection (b)(1) are -withdrawn from-- - (1) entry, appropriation, and disposal under the public - land laws; - (2) location, entry, and patent under mining laws; and - (3) operation of the mineral leasing, mineral materials, - and geothermal leasing laws. - (f) Military Overflights.--Nothing in this title or an amendment -made by this title restricts or precludes-- - (1) any low-level overflight of military aircraft over any - area subject to this title or an amendment made by this title, - including military overflights that can be seen, heard, or - detected within such an area; - (2) flight testing or evaluation over an area described in - paragraph (1); or - (3) the use or establishment of-- - (A) any new unit of special use airspace over an - area described in paragraph (1); or - (B) any military flight training or transportation - over such an area. - (g) Sense of Congress.--It is the sense of Congress that military -aviation training on Federal public lands in Colorado, including the -training conducted at the High-Altitude Army National Guard Aviation -Training Site, is critical to the national security of the United -States and the readiness of the Armed Forces. - - TITLE II--SAN JUAN MOUNTAINS - -SEC. 21201. DEFINITIONS. + ``(III) whether the transaction is described under + clause (i), (ii), (iii), (iv), or (v) of subsection + (a)(4)(B).''. + (b) Technical Corrections.-- + (1) In general.--Section 1727(a) of the Foreign Investment Risk + Review Modernization Act of 2018 (Public Law 115-232) is amended-- + (A) in paragraph (3), by striking ``(4)(C)(v)'' and + inserting ``(4)(F)''; and + (B) in paragraph (4), by striking ``subparagraph (B)'' and + inserting ``subparagraph (C)''. + (2) Effective date.--The amendments under paragraph (1) shall + take effect on the date of enactment of the Foreign Investment Risk + Review Modernization Act of 2018. +SEC. 9722. ENSURING CHINESE DEBT TRANSPARENCY. + (a) United States Policy at the International Financial +Institutions.--The Secretary of the Treasury shall instruct the United +States Executive Director at each international financial institution +(as defined in section 1701(c)(2) of the International Financial +Institutions Act) that it is the policy of the United States to use the +voice and vote of the United States at the respective institution to +seek to secure greater transparency with respect to the terms and +conditions of financing provided by the government of the People's +Republic of China to any member state of the respective institution +that is a recipient of financing from the institution, consistent with +the rules and principles of the Paris Club. + (b) Report Required.--The Chairman of the National Advisory Council +on International Monetary and Financial Policies shall include in the +annual report required by section 1701 of the International Financial +Institutions Act-- + (1) a description of progress made toward advancing the policy + described in subsection (a) of this section; and + (2) a discussion of financing provided by entities owned or + controlled by the government of the People's Republic of China to + the member states of international financial institutions that + receive financing from the international financial institutions, + including any efforts or recommendations by the Chairman to seek + greater transparency with respect to the former financing. + (c) Sunset.--Subsections (a) and (b) of this section shall have no +force or effect after the earlier of-- + (1) the date that is 7 years after the date of the enactment of + this Act; or + (2) 30 days after the date that the Secretary reports to the + Committee on Financial Services of the House of Representatives and + the Committee on Foreign Relations of the Senate that the People's + Republic of China is in substantial compliance with the rules and + principles of the Paris Club. +SEC. 9723. ACCOUNTABILITY FOR WORLD BANK LOANS TO CHINA. + (a) United States Support for Graduation of China From World Bank +Assistance.-- + (1) In general.--The United States Governor of the + International Bank for Reconstruction and Development (in this + section referred to as the ``IBRD'') shall instruct the United + States Executive Director at the IBRD that it is the policy of the + United States to-- + (A) pursue the expeditious graduation of the People's + Republic of China from assistance by the IBRD, consistent with + the lending criteria of the IBRD; and + (B) until the graduation of China from IBRD assistance, + prioritize projects in China that contribute to global public + goods, to the extent practicable. + (2) Sunset.--Paragraph (1) shall have no force or effect on or + after the earlier of-- + (A) the date that is 7 years after the date of the + enactment of this Act; or + (B) the date that the Secretary of the Treasury reports to + the Committee on Financial Services of the House of + Representatives and the Committee on Foreign Relations of the + Senate that termination of paragraph (1) is important to the + national interest of the United States, with a detailed + explanation of the reasons therefor. + (b) Accountability for World Bank Loans to the People's Republic of +China.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the United States Governor of the IBRD shall + submit the report described in paragraph (2) to the Committee on + Financial Services of the House of Representatives and the + Committee on Foreign Relations of the Senate. + (2) Report described.--The report described in this paragraph + shall include the following: + (A) A detailed description of the efforts of the United + States Governor of the IBRD to enforce the timely graduation of + countries from the IBRD, with a particular focus on the efforts + with regard to the People's Republic of China. + (B) If the People's Republic of China is a member country + of the IBRD, an explanation of any economic or political + factors that have prevented the graduation of the People's + Republic of China from the IBRD. + (C) A discussion of any effects resulting from fungibility + and IBRD lending to China, including the potential for IBRD + lending to allow for funding by the government of the People's + Republic of China of activities that may be inconsistent with + the national interest of the United States. + (D) An action plan to help ensure that the People's + Republic of China graduates from the IBRD within 2 years after + submission of the report, consistent with the lending + eligibility criteria of the IBRD. + (3) Waiver of requirement that report include action plan.--The + Secretary of the Treasury may waive the requirement of paragraph + (2)(D) on reporting to the Committee on Financial Services of the + House of Representatives and the Committee on Foreign Relations of + the Senate that the waiver is important to the national interest of + the United States, with a detailed explanation of the reasons + therefor. + (c) Ensuring Debt Transparency With Respect to the Belt and Road +Initiative.--Within 180 days after the date of the enactment of this +Act, the Secretary of the Treasury shall, in consultation with the +Secretary of State, submit to the Committee on Financial Services and +the Committee on Foreign Affairs of the House of Representatives and +the Committee on Foreign Relations of the Senate a report (which should +be submitted in unclassified form but may include a classified annex) +that includes the following: + (1) An assessment of the level of indebtedness of countries + receiving assistance through the Belt and Road Initiative that are + also beneficiary countries of the international financial + institutions, including the level and nature of indebtedness to the + People's Republic of China or an entity owned or controlled by the + government of the People's Republic of China. + (2) An analysis of debt management assistance provided by the + World Bank, the International Monetary Fund, and the Office of + Technical Assistance of the Department of the Treasury to borrowing + countries of the Belt and Road Initiative of the People's Republic + of China (or any comparable initiative or successor initiative of + China). + (3) An assessment of the effectiveness of United States + efforts, including bilateral efforts and multilateral efforts, at + the World Bank, the International Monetary Fund, other + international financial institutions and international + organizations to promote debt transparency. +SEC. 9724. FAIRNESS FOR TAIWAN NATIONALS REGARDING EMPLOYMENT AT +INTERNATIONAL FINANCIAL INSTITUTIONS. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) Taiwan is responsible for remarkable achievements in + economic and democratic development, with its per capita gross + domestic product rising in purchasing power parity terms from + $3,470 in 1980 to more than $55,000 in 2018; + (2) the experience of Taiwan in creating a vibrant and advanced + economy under democratic governance and the rule of law can inform + the work of the international financial institutions, including + through the contributions and insights of Taiwan nationals; and + (3) Taiwan nationals who seek employment at the international + financial institutions should not be held at a disadvantage in + hiring because the economic success of Taiwan has rendered it + ineligible for financial assistance from such institutions. + (b) In General.--The Secretary of the Treasury shall instruct the +United States Executive Director at each international financial +institution to use the voice and vote of the United States to seek to +ensure that Taiwan nationals are not discriminated against in any +employment decision by the institution, including employment through +consulting or part-time opportunities, on the basis of-- + (1) whether they are citizens or nationals of, or holders of a + passport issued by, a member country of, or a state or other + jurisdiction that receives assistance from, the international + financial institution; or + (2) any other consideration that, in the determination of the + Secretary, unfairly disadvantages Taiwan nationals with respect to + employment at the institution. + (c) Waiver Authority.--The Secretary of the Treasury may waive +subsection (b) for not more than 1 year at a time after reporting to +the Committee on Financial Services of the House of Representatives and +the Committee on Foreign Relations of the Senate that providing the +waiver-- + (1) will substantially promote the objective of equitable + treatment for Taiwan nationals at the international financial + institutions; or + (2) is in the national interest of the United States, with a + detailed explanation of the reasons therefor. + (d) Progress Report.--The Chairman of the National Advisory Council +on International Monetary and Financial Policies shall submit to the +committees specified in subsection (c) an annual report, in writing, +that describes the progress made toward advancing the policy described +in subsection (b), and a summary of employment trends with respect to +Taiwan nationals at the international financial institutions. + (e) International Financial Institution Defined.--In this section, +the term ``international financial institutions'' has the meaning given +the term in section 1701(c)(2) of the International Financial +Institutions Act (22 U.S.C. 262r(c)(2)). + (f) Sunset.--The preceding provisions of this section shall have no +force or effect beginning on the earlier of-- + (1) the date that is 7 years after the date of the enactment of + this Act; or + (2) the date that the Secretary of the Treasury reports to the + committees specified in subsection (c) that each international + financial institution has adopted the policy described in + subsection (b). + + TITLE XCIX--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR + AMERICA + +Sec. 9901. Definitions. +Sec. 9902. Semiconductor incentives. +Sec. 9903. Department of Defense. +Sec. 9904. Department of Commerce study on status of microelectronics + technologies in the United States industrial base. +Sec. 9905. Funding for development and adoption of measurably secure + semiconductors and measurably secure semiconductors supply + chains. +Sec. 9906. Advanced microelectronics research and development. +Sec. 9907. Prohibition relating to foreign entities of concern. +Sec. 9908. Defense Production Act of 1950 efforts. +SEC. 9901. DEFINITIONS. In this title: - (1) Covered land.--The term ``covered land'' means-- - (A) land designated as wilderness under paragraphs - (27) through (29) of section 2(a) of the Colorado - Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law - 103-77) (as added by section 21202); and - (B) a Special Management Area. - (2) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture. - (3) Special management area.--The term ``Special Management - Area'' means each of-- - (A) the Sheep Mountain Special Management Area - designated by section 21203(a)(1); and - (B) the Liberty Bell East Special Management Area - designated by section 21203(a)(2). - -SEC. 21202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM. - - Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 -note; Public Law 103-77) (as amended by section 21102(a)(2)) is amended -by adding at the end the following: - ``(27) Lizard head wilderness addition.--Certain Federal - land in the Grand Mesa, Uncompahgre, and Gunnison National - Forests comprising approximately 3,141 acres, as generally - depicted on the map entitled `Proposed Wilson, Sunshine, Black - Face and San Bernardo Additions to the Lizard Head Wilderness' - and dated September 6, 2018, which is incorporated in, and - shall be administered as part of, the Lizard Head Wilderness. - ``(28) Mount sneffels wilderness additions.-- - ``(A) Liberty bell and last dollar additions.-- - Certain Federal land in the Grand Mesa, Uncompahgre, - and Gunnison National Forests comprising approximately - 7,235 acres, as generally depicted on the map entitled - `Proposed Liberty Bell and Last Dollar Additions to the - Mt. Sneffels Wilderness, Liberty Bell East Special - Management Area' and dated September 6, 2018, which is - incorporated in, and shall be administered as part of, - the Mount Sneffels Wilderness. - ``(B) Whitehouse additions.--Certain Federal land - in the Grand Mesa, Uncompahgre, and Gunnison National - Forests comprising approximately 12,465 acres, as - generally depicted on the map entitled `Proposed - Whitehouse Additions to the Mt. Sneffels Wilderness' - and dated September 6, 2018, which is incorporated in, - and shall be administered as part of, the Mount - Sneffels Wilderness. - ``(29) Mckenna peak wilderness.--Certain Federal land in - the State of Colorado comprising approximately 8,884 acres of - Bureau of Land Management land, as generally depicted on the - map entitled `Proposed McKenna Peak Wilderness Area' and dated - September 18, 2018, to be known as the `McKenna Peak - Wilderness'.''. - -SEC. 21203. SPECIAL MANAGEMENT AREAS. - - (a) Designation.-- - (1) Sheep mountain special management area.--The Federal - land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan - National Forests in the State comprising approximately 21,663 - acres, as generally depicted on the map entitled ``Proposed - Sheep Mountain Special Management Area'' and dated September - 19, 2018, is designated as the ``Sheep Mountain Special - Management Area''. - (2) Liberty bell east special management area.--The Federal - land in the Grand Mesa, Uncompahgre, and Gunnison National - Forests in the State comprising approximately 792 acres, as - generally depicted on the map entitled ``Proposed Liberty Bell - and Last Dollar Additions to the Mt. Sneffels Wilderness, - Liberty Bell East Special Management Area'' and dated September - 6, 2018, is designated as the ``Liberty Bell East Special - Management Area''. - (b) Purpose.--The purpose of the Special Management Areas is to -conserve and protect for the benefit and enjoyment of present and -future generations the geological, cultural, archaeological, -paleontological, natural, scientific, recreational, wilderness, -wildlife, riparian, historical, educational, and scenic resources of -the Special Management Areas. - (c) Management.-- - (1) In general.--The Secretary shall manage the Special - Management Areas in a manner that-- - (A) conserves, protects, and enhances the resources - and values of the Special Management Areas described in - subsection (b); - (B) subject to paragraph (3), maintains or improves - the wilderness character of the Special Management - Areas and the suitability of the Special Management - Areas for potential inclusion in the National - Wilderness Preservation System; and - (C) is in accordance with-- - (i) the National Forest Management Act of - 1976 (16 U.S.C. 1600 et seq.); - (ii) this title; and - (iii) any other applicable laws. - (2) Prohibitions.--The following shall be prohibited in the - Special Management Areas: - (A) Permanent roads. - (B) Except as necessary to meet the minimum - requirements for the administration of the Federal - land, to provide access for abandoned mine cleanup, and - to protect public health and safety-- - (i) the use of motor vehicles, motorized - equipment, or mechanical transport (other than - as provided in paragraph (3)); and - (ii) the establishment of temporary roads. - (3) Authorized activities.-- - (A) In general.--The Secretary may allow any - activities (including helicopter access for recreation - and maintenance and the competitive running event - permitted since 1992) that have been authorized by - permit or license as of the date of enactment of this - Act to continue within the Special Management Areas, - subject to such terms and conditions as the Secretary - may require. - (B) Permitting.--The designation of the Special - Management Areas by subsection (a) shall not affect the - issuance of permits relating to the activities covered - under subparagraph (A) after the date of enactment of - this Act. - (C) Bicycles.--The Secretary may permit the use of - bicycles in-- - (i) the portion of the Sheep Mountain - Special Management Area identified as ``Ophir - Valley Area'' on the map entitled ``Proposed - Sheep Mountain Special Management Area'' and - dated September 19, 2018; and - (ii) the portion of the Liberty Bell East - Special Management Area identified as ``Liberty - Bell Corridor'' on the map entitled ``Proposed - Liberty Bell and Last Dollar Additions to the - Mt. Sneffels Wilderness, Liberty Bell East - Special Management Area'' and dated September - 6, 2018. - (d) Applicable Law.--Water and water rights in the Special -Management Areas shall be administered in accordance with section 8 of -the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762), -except that, for purposes of this division-- - (1) any reference contained in that section to ``the lands - designated as wilderness by this Act'', ``the Piedra, - Roubideau, and Tabeguache areas identified in section 9 of this - Act, or the Bowen Gulch Protection Area or the Fossil Ridge - Recreation Management Area identified in sections 5 and 6 of - this Act'', or ``the areas described in sections 2, 5, 6, and 9 - of this Act'' shall be considered to be a reference to ``the - Special Management Areas''; and - (2) any reference contained in that section to ``this Act'' - shall be considered to be a reference to ``the Colorado Outdoor - Recreation and Economy Act''. - -SEC. 21204. RELEASE OF WILDERNESS STUDY AREAS. - - (a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II -of Public Law 111-11 is amended-- - (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as - section 2409; and - (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) - the following: + (1) The term ``appropriate committees of Congress'' means-- + (A) the Select Committee on Intelligence, the Committee on + Energy and Natural Resources, the Committee on Commerce, + Science, and Transportation, the Committee on Foreign + Relations, the Committee on Armed Services, the Committee on + Appropriations, the Committee on Banking, Housing, and Urban + Affairs, the Committee on Homeland Security and Governmental + Affairs, and the Committee on Finance of the Senate; and + (B) the Permanent Select committee on Intelligence, the + Committee on Energy and Commerce, the Committee on Foreign + Affairs, the Committee on Armed Services, the Committee on + Science, Space, and Technology, the Committee on + Appropriations, the Committee on Financial Services, the + Committee on Homeland Security, and the Committee on Ways and + Means of the House of Representatives.. + (2) The term ``covered entity'' means a private entity, a + consortium of private entities, or a consortium of public and + private entities with a demonstrated ability to substantially + finance, construct, expand, or modernize a facility relating to + fabrication, assembly, testing, advanced packaging, or research and + development of semiconductors. + (3) The term ``covered incentive'': + (A) means an incentive offered by a governmental entity to + a covered entity for the purposes of constructing within the + jurisdiction of the governmental entity, or expanding or + modernizing an existing facility within that jurisdiction, a + facility described in paragraph (2); and + (B) a workforce-related incentive (including a grant + agreement relating to workforce training or vocational + education), any concession with respect to real property, + funding for research and development with respect to + semiconductors, and any other incentive determined appropriate + by the Secretary, in consultation with the Secretary of State. + (4) The term ``person'' includes an individual, partnership, + association, corporation, organization, or any other combination of + individuals. + (5) The term ``foreign entity''-- + (A) means-- + (i) a government of a foreign country and a foreign + political party; + (ii) a natural person who is not a lawful permanent + resident of the United States, citizen of the United + States, or any other protected individual (as such term is + defined in section 274B(a)(3) of the Immigration and + Nationality Act (8 U.S.C. 1324b(a)(3)); or + (iii) a partnership, association, corporation, + organization, or other combination of persons organized + under the laws of or having its principal place of business + in a foreign country; and + (B) includes-- + (i) any person owned by, controlled by, or subject to + the jurisdiction or direction of a an entity listed in + subparagraph (A); + (ii) any person, wherever located, who acts as an + agent, representative, or employee of an entity listed in + subparagraph (A); + (iii) any person who acts in any other capacity at the + order, request, or under the direction or control, of an + entity listed in subparagraph (A), or of a person whose + activities are directly or indirectly supervised, directed, + controlled, financed, or subsidized in whole or in majority + part by an entity listed in subparagraph (A); + (iv) any person who directly or indirectly through any + contract, arrangement, understanding, relationship, or + otherwise, owns 25 percent or more of the equity interests + of an entity listed in subparagraph (A); + (v) any person with significant responsibility to + control, manage, or direct an entity listed in subparagraph + (A); + (vi) any person, wherever located, who is a citizen or + resident of a country controlled by an entity listed in + subparagraph (A); or + (vii) any corporation, partnership, association, or + other organization organized under the laws of a country + controlled by an entity listed in subparagraph (A). + (6) The term ``foreign entity of concern'' means any foreign + entity that is-- + (A) designated as a foreign terrorist organization by the + Secretary of State under section 219 of the Immigration and + Nationality Act (8 U.S.C. 1189); + (B) included on the list of specially designated nationals + and blocked persons maintained by the Office of Foreign Assets + Control of the Department of the Treasury; + (C) owned by, controlled by, or subject to the jurisdiction + or direction of a government of a foreign country that is + listed in section 2533c of title 10, United States Code; or + (D) alleged by the Attorney General to have been involved + in activities for which a conviction was obtained under-- + (i) chapter 37 of title 18, United States Code + (commonly known as the ``Espionage Act'') (18 U.S.C. 792 et + seq.); + (ii) section 951 or 1030 of title 18, United States + Code; + (iii) chapter 90 of title 18, United States Code + (commonly known as the ``Economic Espionage Act of 1996''); + (iv) the Arms Export Control Act (22 U.S.C. 2751 et + seq.); + (v) sections 224, 225, 226, 227, or 236 of the Atomic + Energy Act of 1954 (42 U.S.C. 2274-2278; 2284); + (vi) the Export Control Reform Act of 2018 (50 U.S.C. + 4801 et seq.); or + (vii) the International Economic Emergency Powers Act + (50 U.S.C. 1701 et seq.); or + (E) determined by the Secretary, in consultation with the + Secretary of Defense and the Director of National Intelligence, + to be engaged in unauthorized conduct that is detrimental to + the national security or foreign policy of the United States + under this Act. + (7) The term ``governmental entity'' means a State or local + government. + (8) The term ``Secretary'' means the Secretary of Commerce. + (9) The term ``semiconductor'' has the meaning given that term + by the Secretary. +SEC. 9902. SEMICONDUCTOR INCENTIVES. + (a) Financial Assistance Program.-- + (1) In general.--The Secretary shall establish in the + Department of Commerce a program that, in accordance with the + requirements of this section and subject to the availability of + appropriations for such purposes, provides Federal financial + assistance to covered entities to incentivize investment in + facilities and equipment in the United States for semiconductor + fabrication, assembly, testing, advanced packaging, or research and + development. + (2) Procedure.-- + (A) In general.--A covered entity shall submit to the + Secretary an application that describes the project for which + the covered entity is seeking financial assistance under this + section. + (B) Eligibility.--In order for a covered entity to qualify + for financial assistance under this section, the covered entity + shall demonstrate to the Secretary, in the application + submitted by the covered entity under subparagraph (A), that-- + (i) the covered entity has a documented interest in + constructing, expanding, or modernizing a facility + described in paragraph (1); and + (ii) with respect to the project described in clause + (i), the covered entity has-- + + (I) been offered a covered incentive; + (II) made commitments to worker and community + investment, including through-- + + (aa) training and education benefits paid by + the covered entity; and + (bb) programs to expand employment opportunity + for economically disadvantaged individuals; and + + (III) secured commitments from regional educational + and training entities and institutions of higher + education to provide workforce training, including + programming for training and job placement of + economically disadvantaged individuals; and + (IV) an executable plan to sustain the facility + described in clause (i) without additional Federal + financial assistance under this subsection for facility + support. -``SEC. 2408. RELEASE. - - ``(a) In General.--Congress finds that, for the purposes of section -603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. -1782(c)), the portions of the Dominguez Canyon Wilderness Study Area -not designated as wilderness by this subtitle have been adequately -studied for wilderness designation. - ``(b) Release.--Any public land referred to in subsection (a) that -is not designated as wilderness by this subtitle-- - ``(1) is no longer subject to section 603(c) of the Federal - Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and - ``(2) shall be managed in accordance with this subtitle and - any other applicable laws.''. - (b) Mckenna Peak Wilderness Study Area.-- - (1) In general.--Congress finds that, for the purposes of - section 603(c) of the Federal Land Policy and Management Act of - 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak - Wilderness Study Area in San Miguel County in the State not - designated as wilderness by paragraph (29) of section 2(a) of - the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; - Public Law 103-77) (as added by section 21202) have been - adequately studied for wilderness designation. - (2) Release.--Any public land referred to in paragraph (1) - that is not designated as wilderness by paragraph (29) of - section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. - 1132 note; Public Law 103-77) (as added by section 21202)-- - (A) is no longer subject to section 603(c) of the - Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1782(c)); and - (B) shall be managed in accordance with applicable - laws. - -SEC. 21205. ADMINISTRATIVE PROVISIONS. - - (a) Fish and Wildlife.--Nothing in this title affects the -jurisdiction or responsibility of the State with respect to fish and -wildlife in the State. - (b) No Buffer Zones.-- - (1) In general.--Nothing in this title establishes a - protective perimeter or buffer zone around covered land. - (2) Activities outside wilderness.--The fact that a - nonwilderness activity or use on land outside of the covered - land can be seen or heard from within covered land shall not - preclude the activity or use outside the boundary of the - covered land. - (c) Maps and Legal Descriptions.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary or the Secretary of the - Interior, as appropriate, shall file a map and a legal - description of each wilderness area designated by paragraphs - (27) through (29) of section 2(a) of the Colorado Wilderness - Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added - by section 21202) and the Special Management Areas with-- - (A) the Committee on Natural Resources of the House - of Representatives; and - (B) the Committee on Energy and Natural Resources - of the Senate. - (2) Force of law.--Each map and legal description filed - under paragraph (1) shall have the same force and effect as if - included in this title, except that the Secretary or the - Secretary of the Interior, as appropriate, may correct any - typographical errors in the maps and legal descriptions. - (3) Public availability.--Each map and legal description - filed under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the Bureau of - Land Management and the Forest Service. - (d) Acquisition of Land.-- - (1) In general.--The Secretary or the Secretary of the - Interior, as appropriate, may acquire any land or interest in - land within the boundaries of a Special Management Area or the - wilderness designated under paragraphs (27) through (29) of - section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. - 1132 note; Public Law 103-77) (as added by section 21202) only - through exchange, donation, or purchase from a willing seller. - (2) Management.--Any land or interest in land acquired - under paragraph (1) shall be incorporated into, and - administered as a part of, the wilderness or Special Management - Area in which the land or interest in land is located. - (e) Grazing.--The grazing of livestock on covered land, if -established before the date of enactment of this Act, shall be -permitted to continue subject to such reasonable regulations as are -considered to be necessary by the Secretary with jurisdiction over the -covered land, in accordance with-- - (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. - 1133(d)(4)); and - (2) the applicable guidelines set forth in Appendix A of - the report of the Committee on Interior and Insular Affairs of - the House of Representatives accompanying H.R. 2570 of the - 101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th - Congress (H. Rept. 96-617). - (f) Fire, Insects, and Diseases.--In accordance with section -4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary -with jurisdiction over a wilderness area designated by paragraphs (27) -through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 -U.S.C. 1132 note; Public Law 103-77) (as added by section 21202) may -carry out any activity in the wilderness area that the Secretary -determines to be necessary for the control of fire, insects, and -diseases, subject to such terms and conditions as the Secretary -determines to be appropriate. - (g) Withdrawal.--Subject to valid rights in existence on the date -of enactment of this Act, the covered land and the approximately 6,590 -acres generally depicted on the map entitled ``Proposed Naturita Canyon -Mineral Withdrawal Area'' and dated September 6, 2018, is withdrawn -from-- - (1) entry, appropriation, and disposal under the public - land laws; - (2) location, entry, and patent under mining laws; and - (3) operation of the mineral leasing, mineral materials, - and geothermal leasing laws. - - TITLE III--THOMPSON DIVIDE - -SEC. 21301. PURPOSES. - - The purposes of this title are-- - (1) subject to valid existing rights, to withdraw certain - Federal land in the Thompson Divide area from mineral and other - disposal laws; and - (2) to promote the capture of fugitive methane emissions - that would otherwise be emitted into the atmosphere-- - (A) to reduce methane gas emissions; and - (B) to provide-- - (i) new renewable electricity supplies and - other beneficial uses of fugitive methane - emissions; and - (ii) increased royalties for taxpayers. - -SEC. 21302. DEFINITIONS. + (C) Considerations for review.--With respect to the review + by the Secretary of an application submitted by a covered + entity under subparagraph (A)-- + (i) the Secretary may not approve the application + unless the Secretary-- - In this title: - (1) Fugitive methane emissions.--The term ``fugitive - methane emissions'' means methane gas from those Federal lands - in Garfield, Gunnison, Delta, or Pitkin County in the State - generally depicted on the pilot program map as ``Fugitive Coal - Mine Methane Use Pilot Program Area'' that would leak or be - vented into the atmosphere from an active, inactive or - abandoned underground coal mine. - (2) Pilot program.--The term ``pilot program'' means the - Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot - Program established by section 21305(a)(1). - (3) Pilot program map.--The term ``pilot program map'' - means the map entitled ``Greater Thompson Divide Fugitive Coal - Mine Methane Use Pilot Program Area'' and dated June 17, 2019. - (4) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - (5) Thompson divide lease.-- - (A) In general.--The term ``Thompson Divide lease'' - means any oil or gas lease in effect on the date of - enactment of this Act within the Thompson Divide - Withdrawal and Protection Area. - (B) Exclusions.--The term ``Thompson Divide lease'' - does not include any oil or gas lease that-- - (i) is associated with a Wolf Creek Storage - Field development right; or - (ii) before the date of enactment of this - Act, has expired, been cancelled, or otherwise - terminated. - (6) Thompson divide map.--The term ``Thompson Divide map'' - means the map entitled ``Greater Thompson Divide Area Map'' and - dated June 13, 2019. - (7) Thompson divide withdrawal and protection area.--The - term ``Thompson Divide Withdrawal and Protection Area'' means - the Federal land and minerals generally depicted on the - Thompson Divide map as the ``Thompson Divide Withdrawal and - Protection Area''. - (8) Wolf creek storage field development right.-- - (A) In general.--The term ``Wolf Creek Storage - Field development right'' means a development right for - any of the Federal mineral leases numbered COC 007496, - COC 007497, COC 007498, COC 007499, COC 007500, COC - 007538, COC 008128, COC 015373, COC 0128018, COC - 051645, and COC 051646, and generally depicted on the - Thompson Divide map as ``Wolf Creek Storage - Agreement''. - (B) Exclusions.--The term ``Wolf Creek Storage - Field development right'' does not include any storage - right or related activity within the area described in - subparagraph (A). - -SEC. 21303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA. - - (a) Withdrawal.--Subject to valid existing rights, the Thompson -Divide Withdrawal and Protection Area is withdrawn from-- - (1) entry, appropriation, and disposal under the public - land laws; - (2) location, entry, and patent under the mining laws; and - (3) operation of the mineral leasing, mineral materials, - and geothermal leasing laws. - (b) Surveys.--The exact acreage and legal description of the -Thompson Divide Withdrawal and Protection Area shall be determined by -surveys approved by the Secretary, in consultation with the Secretary -of Agriculture. - (c) Grazing.--The grazing of livestock on covered land, if -established before the date of enactment of this Act, shall be allowed -to continue subject to such reasonable regulations as are considered to -be necessary by the Secretary with jurisdiction over the covered land. - -SEC. 21304. THOMPSON DIVIDE LEASE EXCHANGE. - - (a) In General.--In exchange for the relinquishment by a -leaseholder of all Thompson Divide leases of the leaseholder, the -Secretary may issue to the leaseholder credits for any bid, royalty, or -rental payment due under any Federal oil or gas lease on Federal land -in the State, in accordance with subsection (b). - (b) Amount of Credits.-- - (1) In general.--Subject to paragraph (2), the amount of - the credits issued to a leaseholder of a Thompson Divide lease - relinquished under subsection (a) shall-- - (A) be equal to the sum of-- - (i) the amount of the bonus bids paid for - the applicable Thompson Divide leases; - (ii) the amount of any rental paid for the - applicable Thompson Divide leases as of the - date on which the leaseholder submits to the - Secretary a notice of the decision to - relinquish the applicable Thompson Divide - leases; and - (iii) the amount of any expenses incurred - by the leaseholder of the applicable Thompson - Divide leases in the preparation of any - drilling permit, sundry notice, or other - related submission in support of the - development of the applicable Thompson Divide - leases as of January 28, 2019, including any - expenses relating to the preparation of any - analysis under the National Environmental - Policy Act of 1969 (42 U.S.C. 4321 et seq.); - and - (B) require the approval of the Secretary. - (2) Exclusion.--The amount of a credit issued under - subsection (a) shall not include any expenses paid by the - leaseholder of a Thompson Divide lease for legal fees or - related expenses for legal work with respect to a Thompson - Divide lease. - (c) Cancellation.--Effective on relinquishment under this section, -and without any additional action by the Secretary, a Thompson Divide -lease-- - (1) shall be permanently cancelled; and - (2) shall not be reissued. - (d) Conditions.-- - (1) Applicable law.--Except as otherwise provided in this - section, each exchange under this section shall be conducted in - accordance with-- - (A) this division; and - (B) other applicable laws (including regulations). - (2) Acceptance of credits.--The Secretary may, subject to - appropriations, accept credits issued under subsection (a) in - the same manner as cash for the payments described in that + (I) confirms that the covered entity has satisfied + the eligibility criteria under subparagraph (B); + (II) determines that the project to which the + application relates is in the interest of the United + States; and + (III) has notified the appropriate committees of + Congress not later than 15 days before making any + commitment to provide a grant to any covered entity + that exceeds $10,000,000; and + + (ii) the Secretary may consider whether-- + + (I) the covered entity has previously received + financial assistance made under this subsection; + (II) the governmental entity offering the + applicable covered incentive has benefitted from + financial assistance previously provided under this + subsection; + (III) the covered entity has demonstrated that they + are responsive to the national security needs or + requirements established by the Intelligence Community + (or an agency thereof), the National Nuclear Security + Administration, or the Department of Defense; and + (IV) when practicable, a consortium that is + considered a covered entity includes a small business + concern, as defined under section 3 of the Small + Business Act (15 U.S.C. 632), notwithstanding section + 121.103 of title 13, Code of Federal Regulations; and + + (iii) the Secretary may not approve an application if + the Secretary determines that the covered entity is a + foreign entity of concern. + (D) Records.--The Secretary may request records and + information from the applicant to review the status of a + covered entity. The applicant shall provide the records and + information requested by the Secretary. + (3) Amount.-- + (A) In general.--The Secretary shall determine the + appropriate amount and funding type for each financial + assistance award made to a covered entity under this subsection. - (3) Applicability.--The use of a credit issued under - subsection (a) shall be subject to the laws (including - regulations) applicable to the payments described in that - subsection, to the extent that the laws are consistent with - this section. - (4) Treatment of credits.--Subject to appropriations, all - amounts in the form of credits issued under subsection (a) - accepted by the Secretary shall be considered to be amounts - received for the purposes of-- - (A) section 35 of the Mineral Leasing Act (30 - U.S.C. 191); and - (B) section 20 of the Geothermal Steam Act of 1970 - (30 U.S.C. 1019). - (e) Wolf Creek Storage Field Development Rights.-- - (1) Conveyance to secretary.--As a condition precedent to - the relinquishment of a Thompson Divide lease, any leaseholder - with a Wolf Creek Storage Field development right shall - permanently relinquish, transfer, and otherwise convey to the - Secretary, in a form acceptable to the Secretary, all Wolf - Creek Storage Field development rights of the leaseholder. - (2) Limitation of transfer.--An interest acquired by the - Secretary under paragraph (1)-- - (A) shall be held in perpetuity; and - (B) shall not be-- - (i) transferred; - (ii) reissued; or - (iii) otherwise used for mineral - extraction. - -SEC. 21305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE - PILOT PROGRAM. - - (a) Fugitive Coal Mine Methane Use Pilot Program.-- - (1) Establishment.--There is established in the Bureau of - Land Management a pilot program, to be known as the ``Greater - Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''. - (2) Purpose.--The purpose of the pilot program is to - promote the capture, beneficial use, mitigation, and - sequestration of fugitive methane emissions-- - (A) to reduce methane emissions; - (B) to promote economic development; - (C) to produce bid and royalty revenues; - (D) to improve air quality; and - (E) to improve public safety. - (3) Plan.-- - (A) In general.--Not later than 180 days after the - date of enactment of this Act, the Secretary shall - develop a plan-- - (i) to complete an inventory of fugitive - methane emissions in accordance with subsection - (b); - (ii) to provide for the leasing of fugitive - methane emissions in accordance with subsection - (c); and - (iii) to provide for the capping or - destruction of fugitive methane emissions in - accordance with subsection (d). - (B) Coordination.--In developing the plan under - this paragraph, the Secretary shall coordinate with-- - (i) the State; - (ii) Garfield, Gunnison, Delta, and Pitkin - Counties in the State; - (iii) lessees of Federal coal within the - counties referred to in clause (ii); - (iv) interested institutions of higher - education in the State; and - (v) interested members of the public. - (b) Fugitive Methane Emission Inventory.-- - (1) In general.--Not later than 1 year after the date of - enactment of this Act, the Secretary shall complete an - inventory of fugitive methane emissions. - (2) Conduct.--The Secretary may conduct the inventory under - paragraph (1) through, or in collaboration with-- - (A) the Bureau of Land Management; - (B) the United States Geological Survey; - (C) the Environmental Protection Agency; - (D) the United States Forest Service; - (E) State departments or agencies; - (F) Garfield, Gunnison, Delta, or Pitkin County in - the State; - (G) the Garfield County Federal Mineral Lease - District; - (H) institutions of higher education in the State; - (I) lessees of Federal coal within a county - referred to in subparagraph (F); - (J) the National Oceanic and Atmospheric - Administration; - (K) the National Center for Atmospheric Research; - or - (L) other interested entities, including members of - the public. - (3) Contents.--The inventory under paragraph (1) shall - include-- - (A) the general location and geographic coordinates - of each vent, seep, or other source producing - significant fugitive methane emissions; - (B) an estimate of the volume and concentration of - fugitive methane emissions from each source of - significant fugitive methane emissions including - details of measurements taken and the basis for that - emissions estimate; - (C) an estimate of the total volume of fugitive - methane emissions each year; - (D) relevant data and other information available - from-- - (i) the Environmental Protection Agency; - (ii) the Mine Safety and Health - Administration; - (iii) Colorado Department of Natural - Resources; - (iv) Colorado Public Utility Commission; - (v) Colorado Department of Health and - Environment; and - (vi) Office of Surface Mining Reclamation - and Enforcement; and - (E) such other information as may be useful in - advancing the purposes of the pilot program. - (4) Public participation; disclosure.-- - (A) Public participation.--The Secretary shall - provide opportunities for public participation in the - inventory under this subsection. - (B) Availability.--The Secretary shall make the - inventory under this subsection publicly available. - (C) Disclosure.--Nothing in this subsection - requires the Secretary to publicly release information - that-- - (i) poses a threat to public safety; - (ii) is confidential business information; - or - (iii) is otherwise protected from public - disclosure. - (5) Use.--The Secretary shall use the inventory in carrying - out-- - (A) the leasing program under subsection (c); and - (B) the capping or destruction of fugitive methane - emissions under subsection (d). - (c) Fugitive Methane Emission Leasing Program.-- - (1) In general.--Subject to valid existing rights and in - accordance with this section, not later than 1 year after the - date of completion of the inventory required under subsection - (b), the Secretary shall carry out a program to encourage the - use and destruction of fugitive methane emissions. - (2) Fugitive methane emissions from coal mines subject to - lease.-- - (A) In general.--The Secretary shall authorize the - holder of a valid existing Federal coal lease for a - mine that is producing fugitive methane emissions to - capture for use, or destroy by flaring, the fugitive - methane emissions. - (B) Conditions.--The authority under subparagraph - (A) shall be-- - (i) subject to valid existing rights; and - (ii) subject to such terms and conditions - as the Secretary may require. - (C) Limitations.--The program carried out under - paragraph (1) shall only include fugitive methane - emissions that can be captured for use, or destroyed by - flaring, in a manner that does not-- - (i) endanger the safety of any coal mine - worker; or - (ii) unreasonably interfere with any - ongoing operation at a coal mine. - (D) Cooperation.-- - (i) In general.--The Secretary shall work - cooperatively with the holders of valid - existing Federal coal leases for mines that - produce fugitive methane emissions to - encourage-- - (I) the capture of fugitive methane - emissions for beneficial use, such as - generating electrical power, producing - usable heat, transporting the methane - to market, transforming the fugitive - methane emissions into a different - marketable material; or - (II) if the beneficial use of the - fugitive methane emissions is not - feasible, the destruction of the - fugitive methane emissions by flaring. - (ii) Guidance.--In furtherance of the - purposes of this paragraph, not later than 1 - year after the date of enactment of this Act, - the Secretary shall issue guidance for the - implementation of Federal authorities and - programs to encourage the capture for use, or - destruction by flaring, of fugitive methane - emissions while minimizing impacts on natural - resources or other public interest values. - (E) Royalties.--The Secretary shall determine - whether any fugitive methane emissions used or - destroyed pursuant to this paragraph are subject to the - payment of a royalty under applicable law. - (3) Fugitive methane emissions from abandoned coal mines.-- - (A) In general.--Except as otherwise provided in - this section, notwithstanding section 21303, subject to - valid existing rights, and in accordance with section - 21 of the Mineral Leasing Act (30 U.S.C. 241) and any - other applicable law, the Secretary shall-- - (i) authorize the capture for use, or - destruction by flaring, of fugitive methane - emissions from abandoned coal mines on Federal - land; and - (ii) make available for leasing such - fugitive methane emissions from abandoned coal - mines on Federal land as the Secretary - considers to be in the public interest. - (B) Source.--To the maximum extent practicable, the - Secretary shall offer for lease each significant vent, - seep, or other source of fugitive methane emissions - from abandoned coal mines. - (C) Bid qualifications.--A bid to lease fugitive - methane emissions under this paragraph shall specify - whether the prospective lessee intends-- - (i) to capture the fugitive methane - emissions for beneficial use, such as - generating electrical power, producing usable - heat, transporting the methane to market, - transforming the fugitive methane emissions - into a different marketable material; - (ii) to destroy the fugitive methane - emissions by flaring; or - (iii) to employ a specific combination of-- - (I) capturing the fugitive methane - emissions for beneficial use; and - (II) destroying the fugitive - methane emission by flaring. - (D) Priority.-- - (i) In general.--If there is more than one - qualified bid for a lease under this paragraph, - the Secretary shall select the bid that the - Secretary determines is likely to most - significantly advance the public interest. - (ii) Considerations.--In determining the - public interest under clause (i), the Secretary - shall take into consideration-- - (I) the size of the overall - decrease in the time-integrated - radiative forcing of the fugitive - methane emissions; - (II) the impacts to other natural - resource values, including wildlife, - water, and air; and - (III) other public interest values, - including scenic, economic, recreation, - and cultural values. - (E) Lease form.-- - (i) In general.--The Secretary shall - develop and provide to prospective bidders a - lease form for leases issued under this - paragraph. - (ii) Due diligence.--The lease form - developed under clause (i) shall include terms - and conditions requiring the leased fugitive - methane emissions to be put to beneficial use - or flared by not later than 1 year after the - date of issuance of the lease. - (F) Royalty rate.--The Secretary shall develop a - minimum bid and royalty rate for leases under this - paragraph to advance the purposes of this section, to - the maximum extent practicable. - (d) Sequestration.--If, by not later than 4 years after the date of -enactment of this Act, any significant fugitive methane emissions from -abandoned coal mines on Federal land are not leased under subsection -(c)(3), the Secretary shall, in accordance with applicable law, take -all reasonable measures-- - (1) to cap those fugitive methane emissions at the source - in any case in which the cap will result in the long-term - sequestration of all or a significant portion of the fugitive - methane emissions; or - (2) if sequestration under paragraph (1) is not feasible, - destroy the fugitive methane emissions by flaring. - (e) Report to Congress.--Not later than 4 years after the date of -enactment of this Act the Secretary shall submit to the Committee on -Natural Resources of the House of Representatives and the Committee on -Energy and Natural Resources of the Senate a report detailing-- - (1) the economic and environmental impacts of the pilot - program, including information on increased royalties and - estimates of avoided greenhouse gas emissions; and - (2) any recommendations by the Secretary on whether the - pilot program could be expanded geographically to include other - significant sources of fugitive methane emissions from coal - mines. - -SEC. 21306. EFFECT. - - Except as expressly provided in this title, nothing in this title-- - (1) expands, diminishes, or impairs any valid existing - mineral leases, mineral interest, or other property rights - wholly or partially within the Thompson Divide Withdrawal and - Protection Area, including access to the leases, interests, - rights, or land in accordance with applicable Federal, State, - and local laws (including regulations); - (2) prevents the capture of methane from any active, - inactive, or abandoned coal mine covered by this title, in - accordance with applicable laws; or - (3) prevents access to, or the development of, any new or - existing coal mine or lease in Delta or Gunnison County in the - State. - - TITLE IV--CURECANTI NATIONAL RECREATION AREA - -SEC. 21401. DEFINITIONS. + (B) Larger investment.--Federal investment in any + individual project shall not exceed $3,000,000,000 unless the + Secretary, in consultation with the Secretary of Defense and + the Director of National Intelligence, recommends to the + President, and the President certifies and reports to the + appropriate committees of Congress, that a larger investment is + necessary to-- + (i) significantly increase the proportion of reliable + domestic supply of semiconductors relevant for national + security and economic competitiveness that can be met + through domestic production; and + (ii) meet the needs of national security. + (4) Use of funds.--A covered entity that receives a financial + assistance award under this subsection may only use the financial + assistance award amounts to-- + (A) finance the construction, expansion, or modernization + of a facility or equipment to be used for semiconductors + described in paragraph (1), as documented in the application + submitted by the covered entity under paragraph (2)(B), as + determined necessary by the Secretary for purposes relating to + the national security and economic competitiveness of the + United States; + (B) support workforce development for a facility described + in subparagraph (A); + (C) support site development and modernization for a + facility described in subparagraph (A); and + (D) pay reasonable costs related to the operating expenses + for a facility described in subparagraph (A), including + specialized workforce, essential materials, and complex + equipment maintenance, as determined by the Secretary. + (5) Clawback.-- + (A) Target dates.--For all major awards to covered + entities, the Secretary shall-- + (i) determine target dates by which a project shall + commence and complete; and + (ii) set these dates by the time of award. + (B) Progressive recovery for delays.--If the project does + not commence and complete by the set target dates in (A), the + Secretary shall progressively recover up to the full amount of + an award provided to a covered entity under this subsection. + (C) Technology clawback.--The Secretary shall recover the + full amount of an award provided to a covered entity under this + subsection if, during the applicable term with respect to the + award, the covered entity knowingly engages in any joint + research or technology licensing effort-- + (i) with a foreign entity of concern; and + (ii) that relates to a technology or product that + raises national security concerns, as determined by the + Secretary and communicated to the covered entity before + engaging in such joint research or technology licensing. + (D) Waiver.--In the case of delayed projects, the Secretary + may waive elements of the clawback provisions incorporated in + each major award after-- + (i) making a formal determination that circumstances + beyond the ability of the covered entity to foresee or + control are responsible for delays; and + (ii) submitting congressional notification. + (E) Congressional notification.--The Secretary shall notify + appropriate committees of Congress-- + (i) of the clawback provisions attending each such + major award; and + (ii) of any waivers provided, not later than 15 days + after the date on which such a waiver was provided. + (b) Coordination Required.--In carrying out the program established +under subsection (a), the Secretary shall coordinate with the Secretary +of State, the Secretary of Defense, the Secretary of Homeland Security, +the Secretary of Energy, and the Director of National Intelligence. + (c) GAO Reviews.--The Comptroller General of the United States +shall-- + (1) not later than 2 years after the date of disbursement of + the first financial award under subsection (a), and biennially + thereafter for 10 years, conduct a review of the program + established under subsection (a), which shall include, at a + minimum-- + (A) a determination of the number of instances in which + financial assistance awards were provided under that subsection + during the period covered by the review; + (B) an evaluation of how-- + (i) the program is being carried out, including how + recipients of financial assistance awards are being + selected under the program; and + (ii) other Federal programs are leveraged for + manufacturing, research, and training to complement the + financial assistance awards awarded under the program; and + (C) a description of the outcomes of projects supported by + awards made under the program, including a description of-- + (i) facilities described in subsection (a)(1) that were + constructed, expanded, or modernized as a result of awards + made under the program; + (ii) research and development carried out with awards + made under the program; + (iii) workforce training programs carried out with + awards made under the program, including efforts to hire + individuals from disadvantaged populations; and + (iv) the impact of projects on the United States share + of global microelectronics production; and + (2) submit to the appropriate committees of Congress the + results of each review conducted under paragraph (1). +SEC. 9903. DEPARTMENT OF DEFENSE. + (a) Department of Defense Efforts.-- + (1) In general.--Subject to the availability of appropriations + for such purposes, the Secretary of Defense, in consultation with + the Secretary of Commerce, the Secretary of Energy, the Secretary + of Homeland Security, and the Director of National Intelligence, + shall establish a public-private partnership through which the + Secretary shall work to incentivize the formation of one or more + consortia of companies (or other such partnerships of private- + sector entities, as appropriate) to ensure the development and + production of measurably secure microelectronics, including + integrated circuits, logic devices, memory, and the packaging and + testing practices that support these microelectronic components by + the Department of Defense, the intelligence community, critical + infrastructure sectors, and other national security applications. + Such incentives may include the use of grants under section 9902, + and providing incentives for the creation, expansion, or + modernization of one or more commercially competitive and + sustainable microelectronics manufacturing or advanced research and + development facilities in the United States. + (2) Risk mitigation requirements.--A participant in a + consortium formed with incentives under paragraph (1)-- + (A) shall have the potential to enable design, perform + fabrication, assembly, package, or test functions for + microelectronics deemed critical to national security as + defined by the National Security Advisor and the Secretary of + Defense; + (B) may be a fabless company migrating its designs to the + facility envisioned in paragraph (1) or migrating to an + existing facility onshore; + (C) may be companies, including fabless companies and + companies that procure large quantities of microelectronics, + willing to co-invest to achieve the objectives set forth in + paragraph (1); + (D) shall include management processes to identify and + mitigate supply chain security risks; and + (E) shall be capable of providing microelectronic + components that are consistent with applicable measurably + secure supply chain and operational security standards + established under section 224(b) of the National Defense + Authorization Act for Fiscal Year 2020 (Public Law 116-92). + (3) National security considerations.--The Secretary of Defense + and the Director of National Intelligence shall select participants + for each consortium and or partnership formed with incentives under + paragraph (1). In selecting such participants, the Secretary and + the Director may jointly consider whether the companies-- + (A) have participated in previous programs and projects of + the Department of Defense, Department of Energy, or the + intelligence community, including-- + (i) the Trusted Integrated Circuit program of the + Intelligence Advanced Research Projects Activity; + (ii) trusted and assured microelectronics projects, as + administered by the Department of Defense; + (iii) the Electronics Resurgence Initiative program of + the Defense Advanced Research Projects Agency; or + (iv) relevant semiconductor research programs of the + Advanced Research Projects Agency-Energy; + (B) have demonstrated an ongoing commitment to performing + contracts for the Department of Defense and the intelligence + community; + (C) are approved by the Defense Counterintelligence and + Security Agency or the Office of the Director of National + Intelligence as presenting an acceptable security risk, taking + into account supply chain assurance vulnerabilities, + counterintelligence risks, and any risks presented by companies + whose beneficial owners are located outside the United States; + and + (D) are evaluated periodically for foreign ownership, + control, or influence by a foreign entity of concern. + (4) Nontraditional defense contractors and commercial + entities.--Arrangements entered into to carry out paragraph (1) + shall be in such form as the Secretary of Defense determines + appropriate to encourage industry participation of nontraditional + defense contractors or commercial entities and may include a + contract, a grant, a cooperative agreement, a commercial agreement, + the use of other transaction authority under section 2371 of title + 10, United States Code, or another such arrangement. + (5) Implementation.--Subject to the availability of + appropriations for such purposes, the Secretary of Defense-- + (A) shall carry out paragraph (1) jointly through the + Office of the Under Secretary of Defense for Research and + Engineering and the Office of the Under Secretary of Defense + for Acquisition and Sustainment; and + (B) may carry out paragraph (1) in collaboration with any + such other component of the Department of Defense as the + Secretary of Defense considers appropriate. + (6) Other initiatives.-- + (A) Required initiatives.--Subject to the availability of + appropriations for such purposes, the Secretary of Defense, in + consultation with the Secretary of Energy and the Administrator + of the National Nuclear Security Administration, as + appropriate, may dedicate initiatives within the Department of + Defense to carry out activities to advance radio frequency, + mixed signal, radiation tolerant, and radiation hardened + microelectronics that support national security and dual-use + applications. + (B) Support plan required.--The Secretary of Defense, in + consultation with the heads of appropriate departments and + agencies of the Federal Government, shall develop a plan, + including assessment of resource requirements and designation + of responsible officials, for the maintenance of capabilities + to produce trusted and assured microelectronics to support + current and legacy defense systems, other government systems + essential for national security, and critical infrastructure of + the United States, especially for items with otherwise limited + commercial demand. + (C) Assessment of public private partnerships and + activities.--In conjunction with the activities carried out + under this section, the Secretary of Defense shall enter into + an agreement with the National Academies of Science, + Engineering, and Medicine to undertake a study to make + recommendations and provide policy options for optimal public- + private partnerships and partnership activities, including an + analysis of establishing a semiconductor manufacturing + corporation to leverage private sector technical, managerial, + and investment expertise, and private capital, as well as an + assessment of and response to the industrial policies of other + nations to support industries in similar critical technology + sectors, and deliver such study to the congressional defense + committees not later than October 1, 2022. + (7) Reports.-- + (A) Report by secretary of defense.--Not later than 90 days + after the date of the enactment of this Act, the Secretary of + Defense shall submit to Congress a report on the plans of the + Secretary to carry out paragraphs (1) and (6). + (B) Biennial reports by comptroller general of the united + states.--Not later than one year after the date on which the + Secretary submits the report required by subparagraph (A) and + not less frequently than once every two years thereafter for a + period of 10 years, the Comptroller General of the United + States shall submit to Congress a report on the activities + carried out under this subsection. + (b) National Network for Microelectronics Research and +Development.-- + (1) In general.--Subject to the availability of appropriations + for such purposes, the Secretary of Defense may establish a + national network for microelectronics research and development-- + (A) to enable the laboratory to fabrication transition of + microelectronics innovations in the United States; and + (B) to expand the global leadership in microelectronics of + the United States. + (2) Activities.--The national network for microelectronics + research and development shall-- + (A) enable cost effective exploration of new materials, + devices, and architectures, and prototyping in domestic + facilities to safeguard domestic intellectual property; + (B) accelerate the transition of new technologies to + domestic microelectronics manufacturers; and + (C) conduct other relevant activities deemed necessary by + the Secretary of Defense for accomplishing the purposes of the + national network for microelectronics research and development. +SEC. 9904. DEPARTMENT OF COMMERCE STUDY ON STATUS OF MICROELECTRONICS +TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE. + (a) In General.--Beginning not later than 180 days after the date +of the enactment of this Act, the Secretary, in consultation with the +heads of other Federal departments and agencies, as appropriate, +including the Secretary of Defense, Secretary of Homeland Security, and +the Secretary of Energy, shall undertake a review, which shall include +a survey, using authorities in section 705 of the Defense Production +Act of 1950 (50 U.S.C. 4555), to assess the capabilities of the United +States industrial base to support the national defense in light of the +global nature of the supply chain and significant interdependencies +between the United States industrial base and the industrial bases of +foreign countries with respect to the manufacture, design, and end use +of microelectronics. + (b) Response to Survey.--To the extent authorized by section 705 of +the Defense Production Act of 1950 (50 U.S.C. 4555) and section 702 of +title 15, Code of Federal Regulations, the Secretary shall ensure all +relevant potential respondents reply to the survey, including the +following: + (1) Corporations, partnerships, associations, or any other + organized groups domiciled and with substantial operations in the + United States. + (2) Corporations, partnerships, associations, or any other + organized groups with a physical presence of any kind in the United + States. + (3) Foreign domiciled corporations, partnerships, associations, + or any other organized groups with a physical presence of any kind + in the United States. + (c) Information Requested.--To the extent authorized by section 705 +of the Defense Production Act of 1950 (50 U.S.C. 4555) and section 702 +of title 15, Code of Federal Regulations, the information sought from a +responding entity specified in subsection (b) shall include, at +minimum, information on the following with respect to the manufacture, +design, or end use of microelectronics by such entity: + (1) An identification of the geographic scope of operations. + (2) Information on relevant cost structures. + (3) An identification of types of microelectronics development, + manufacture, assembly, test, and packaging equipment in operation + at such an entity. + (4) An identification of all relevant intellectual property, + raw materials, and semi-finished goods and components sourced + domestically and abroad by such an entity. + (5) Specifications of the microelectronics manufactured or + designed by such an entity, descriptions of the end-uses of such + microelectronics, and a description of any technical support + provided to end-users of such microelectronics by such an entity. + (6) Information on domestic and export market sales by such an + entity. + (7) Information on the financial performance, including income + and expenditures, of such an entity. + (8) A list of all foreign and domestic subsidies, and any other + financial incentives, received by such an entity in each market in + which such entity operates. + (9) A list of regulatory or other informational requests about + the respondents' operations, sales, or other proprietary + information by the People's Republic of China entities under its + direction or officials of the Chinese Communist Party, a + description of the nature of each request, and the type of + information provided. + (10) Information on any joint ventures, technology licensing + agreements, and cooperative research or production arrangements of + such an entity. + (11) A description of efforts by such an entity to evaluate and + control supply chain risks. + (12) A list and description of any sales, licensing agreements, + or partnerships between such an entity and the People's Liberation + Army or People's Armed Police, including any business relationships + with entities through which such sales, licensing agreements, or + partnerships may occur. + (d) Report.-- + (1) In general.--The Secretary shall, in consultation with the + heads of other appropriate Federal departments and agencies, as + appropriate, including the Secretary of Defense, Secretary of + Homeland Security, and Secretary of Energy, submit to Congress a + report on the results of the review required by subsection (a). The + report shall include the following: + (A) An assessment of the results of the review. + (B) A list of critical technology areas impacted by + potential disruptions in production of microelectronics, and a + detailed description and assessment of the impact of such + potential disruptions on such areas. + (C) A description and assessment of gaps and + vulnerabilities in the microelectronics supply chain and the + national industrial supply base. + (2) Form.--The report required by paragraph (1) may be + submitted in classified form. +SEC. 9905. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY SECURE +SEMICONDUCTORS AND MEASURABLY SECURE SEMICONDUCTORS SUPPLY CHAINS. + (a) Multilateral Semiconductors Security Fund.-- + (1) Establishment of fund.--The Secretary of the Treasury is + authorized to establish a trust fund, to be known as the + ``Multilateral Semiconductors Security Fund'' (in this section + referred to as the ``Fund''), consisting of any appropriated funds + credited to the Fund for such purpose. + (2) Reporting requirement.--If the Fund authorized under + subsection (a)(1) is not established, 180 days after the date of + the enactment of this Act and annually thereafter until such Fund + is established, the Secretary of the Treasury, in coordination with + the Secretary of State, shall provide, in writing, to the + appropriate committees of Congress a rationale for not establishing + the Fund. + (3) Investment of amounts.-- + (A) Investment of amounts.--If the Fund authorized under + subsection (a)(1) is established, the Secretary of the Treasury + shall invest such portion of the Fund as is not required to + meet current withdrawals in interest-bearing obligations of the + United States or in obligations guaranteed as to both principal + and interest by the United States. + (B) Interest and proceeds.--The interest on, and the + proceeds from the sale or redemption of, any obligations held + in the Fund shall be credited to and form a part of the Fund. + (4) Use of fund.-- + (A) In general.--Subject to subparagraph (B), amounts in + the Fund shall be available, as provided in advance in an + appropriations Act, to the Secretary of State-- + (i) to provide funding through the common funding + mechanism described in subsection (b)(1) to support the + development and adoption of measurably secure + semiconductors and measurably secure semiconductors supply + chains; and + (ii) to otherwise carry out this section. + (B) Availability contingent on international arrangement or + agreement.-- + (i) In general.--Amounts in the Fund shall be available + to the Secretary of State, subject to appropriation, on and + after the date on which the Secretary of State enters into + an arrangement or agreement with the governments of + countries that are partners of the United States to + participate in the common funding mechanism under paragraph + (1) of subsection (b). + (ii) Consultation.--Before entering into an arrangement + or agreement as described clause (i), the Secretary of + State, in consultation with the Secretary of Commerce, + shall ensure any partner government maintains export + control licensing policies on semiconductor technology + substantively equivalent to the United States with respect + to restrictions on such exports to the People's Republic of + China. + (b) Common Funding Mechanism for Development and Adoption of +Measurably Secure Semiconductors and Measurably Secure Semiconductors +Supply Chains.-- + (1) In general.--The Secretary of State, in consultation with + the Secretary of Commerce, the Secretary of Defense, the Secretary + of Homeland Security, the Secretary of the Treasury, the Secretary + of Energy, and the Director of National Intelligence, is authorized + to establish a common funding mechanism, in coordination with + foreign partners, that uses amounts from the Fund to support the + development and adoption of secure semiconductors and secure + semiconductors supply chains, including for use in research and + development collaborations among partner countries participating in + the common funding mechanism. In establishing and sustaining a + common funding mechanism, the Secretary of State should leverage + United States funding in order to secure contributions and + commitments from trusted foreign partners, including cost sharing + and other cooperative measures leading to the development and + adoption of secure semiconductors and secure microelectronic supply + chains. + (2) Commitments.--In creating and sustaining a common funding + mechanism described in paragraph (1), the Secretary of State should + promote efforts among foreign partners to-- + (A) establish transparency requirements for any subsidies + or other financial benefits (including revenue foregone) + provided to semiconductors firms located in or outside such + countries; + (B) establish consistent policies with respect to countries + that-- + (i) are not participating in the common funding + mechanism; and + (ii) do not meet transparency requirements established + under subparagraph (A); + (C) promote harmonized treatment of semiconductors and + verification processes for items being exported to a country + considered a national security risk by a country participating + in the common funding mechanism; + (D) establish consistent policies and common external + policies to address nonmarket economies as the behavior of such + countries pertains to semiconductors; + (E) align policies on supply chain integrity and + semiconductors security, including with respect to protection + and enforcement of intellectual property rights; and + (F) promote harmonized foreign direct investment screening + measures and export control policies with respect to + semiconductors to align with national, multilateral, and + plurilateral security priorities. + (c) Annual Report to Congress.--Not later than one year after the +date of the enactment of this Act, and annually thereafter for each +fiscal year during which amounts in the Fund are available under +subsection (a)(4), the Secretary of State shall submit to the +appropriate committees of Congress a report on the status of the +implementation of this section that includes a description of-- + (1) any commitments made by the governments of countries that + have entered into an arrangement or agreement with the United + States to provide funding for the common funding mechanism + described in subsection (b)(1) and the specific amount so committed + and other cooperative measures being taken by such countries as + part of the common funding mechanism; + (2) the criteria established for expenditure of funds through + the common funding mechanism; + (3) how, and to whom, amounts have been expended from the Fund + and a description of progress made utilizing the Fund to support + the objectives described in subsection (b)(1); + (4) amounts remaining in the Fund; + (5) the progress of the Secretary of State toward entering into + an arrangement or agreement with the governments of countries that + are partners of the United States to participate in the common + funding mechanism and the commitments described in subsection + (b)(2); and + (6) any additional authorities needed to enhance the + effectiveness of the Fund in achieving the security goals of the + United States. + (d) Notifications to Be Provided by the Fund.-- + (1) In general.--Not later than 15 days prior to the Fund + making a financial commitment associated with the provision of + expenditures under subsection (a)(4)(A) in an amount in excess of + $1,000,000, the Secretary of State shall submit to the appropriate + committees of Congress report in writing that contains the + information required by paragraph (2). + (2) Information required.--The information required by this + subsection includes-- + (A) the amount of each such expenditure; + (B) an identification of the recipient or beneficiary; and + (C) a description of the project or activity and the + purpose to be achieved by an expenditure of the Fund. + (3) Arrangements or agreements.--The Secretary of State shall + notify the appropriate committees of Congress not later than 30 + days after entering into a new bilateral or multilateral + arrangement or agreement described in subsection (a)(4)(B). +SEC. 9906. ADVANCED MICROELECTRONICS RESEARCH AND DEVELOPMENT. + (a) Subcommittee on Microelectronics Leadership.-- + (1) Establishment required.--The President shall establish in + the National Science and Technology Council a subcommittee on + matters relating to leadership and competitiveness of the United + States in microelectronics technology and innovation (in this + section referred to as the ``Subcommittee)''. + (2) Membership.--The Subcommittee shall be composed of the + following members: + (A) The Secretary of Defense. + (B) The Secretary of Energy. + (C) The Director of the National Science Foundation. + (D) The Secretary of Commerce. + (E) The Secretary of State. + (F) The Secretary of Homeland Security. + (G) The United States Trade Representative. + (H) The Director of National Intelligence. + (I) The heads of such other departments and agencies of the + Federal Government as the President determines appropriate. + (3) Duties.--The duties of the Subcommittee are as follows: + (A) National strategy on microelectronics research.-- + (i) In general.--In consultation with the advisory + committee established in (b), and other appropriate + stakeholders in the microelectronics industry and academia, + the Subcommittee shall develop a national strategy on + microelectronics research, development, manufacturing, and + supply chain security to-- + + (I) accelerate the domestic development and + production of microelectronics and strengthen the + domestic microelectronics workforce; and + (II) ensure that the United States is a global + leader in the field of microelectronics research and + development. + + (ii) Elements.--The strategy developed under this + subparagraph shall address-- + + (I) activities that may be carried out to + strengthen engagement and outreach between the + Department of Defense and industry, academia, + international partners of the United States, and other + departments and agencies of the Federal Government on + issues relating to microelectronics; + (II) priorities for research and development to + accelerate the advancement and adoption of innovative + microelectronics and new uses of microelectronics and + components; + (III) the role of diplomacy and trade in + maintaining the position of the United States as a + global leader in the field of microelectronics; + (IV) the potential role of a Federal laboratory, + center, or incubator exclusively focused on the + research and development of microelectronics, as + described in section 231(b)(15) of the National Defense + Authorization Act for Fiscal Year 2017 (as added by + section 276 of this Act) in carrying out the strategy + and plan required under this subparagraph; and + (V) such other activities as the Subcommittee + determines may be appropriate to overcome future + challenges to the innovation, competitiveness, and + supply chain integrity of the United States in the + field of microelectronics. + + (B) Fostering coordination of research and development.-- + The Subcommittee shall coordinate microelectronics related + research, development, manufacturing, and supply chain security + activities and budgets of Federal agencies and ensure such + activities are consistent with the strategy required under + subparagraph (A). + (C) Reporting and updates.-- + (i) Progress briefing.--Not later than one year after + the date of the enactment of this Act, the President shall + provide to the appropriate committees of Congress a + briefing on the progress of the Subcommittee in developing + the strategy required under subparagraph (A). + (ii) Strategy update.--Not less frequently than once + every 5 years, the Subcommittee shall update the strategy + developed under subparagraph (A) and submit the revised + strategy to the appropriate committees of Congress. + (4) Sunset.--The Subcommittee shall terminate on the date that + is 10 years after the date of the enactment of this Act. + (b) Industrial Advisory Committee.-- + (1) Establishment.--The Secretary of Commerce, in consultation + with the Secretary of Defense, the Secretary of Energy, and the + Secretary of Homeland Security, shall establish an advisory + committee to be composed of not fewer than 12 members, including + representatives of industry, federal laboratories, and academic + institutions, who are qualified to provide advice to the United + States Government on matters relating to microelectronics research, + development, manufacturing, and policy. + (2) Duties.--The advisory committee shall assess and provide + guidance to the United States Government on-- + (A) science and technology needs of the nation's domestic + microelectronics industry; + (B) the extent to which the strategy developed under + subsection (a)(3) is helping maintain United States leadership + in microelectronics manufacturing; + (C) assessment of the research and development programs and + activities authorized under this section; and + (D) opportunities for new public-private partnerships to + advance microelectronics research, development, and domestic + manufacturing. + (3) FACA exemption.--Section 14 of the Federal Advisory + Committee Act (5 U.S.C. App.) shall not apply to the advisory + committee established under this subsection. + (c) National Semiconductor Technology Center.-- + (1) Establishment.--Subject to the availability of + appropriations for such purpose, the Secretary of Commerce, in + collaboration with the Secretary of Defense, shall establish a + national semiconductor technology center to conduct research and + prototyping of advanced semiconductor technology to strengthen the + economic competitiveness and security of the domestic supply chain. + Such center shall be operated as a public private-sector consortium + with participation from the private sector, the Department of + Energy, and the National Science Foundation. + (2) Functions.--The functions of the center established under + paragraph (1) shall be as follows: + (A) To conduct advanced semiconductor manufacturing, design + and packaging research, and prototyping that strengthens the + entire domestic ecosystem and is aligned with the strategy + required under subsection (a)(3)(A) with emphasis on the + following: + (i) Semiconductor advanced test, assembly, and + packaging capability in the domestic ecosystem. + (ii) Materials characterization, instrumentation and + testing for next generation microelectronics. + (iii) Virtualization and automation of maintenance of + semiconductor machinery. + (iv) Metrology for security and supply chain + verification. + (B) To establish an investment fund, in partnership with + the private sector, to support startups and collaborations + between startups, academia, established companies, and new + ventures, with the goal of commercializing innovations that + contribute to the domestic semiconductor ecosystem, including-- + (i) advanced metrology and characterization for + manufacturing of microchips using 3 nanometer transistor + processes or more advanced processes; and + (ii) metrology for security and supply chain + verification. + (C) To work with the Secretary of Labor, the Director of + the National Science Foundation, the Secretary of Energy, the + private sector, institutions of higher education, and workforce + training entities to incentivize and expand participation in + graduate and undergraduate programs, and develop workforce + training programs and apprenticeships, in advanced + microelectronic design, research, fabrication, and packaging + capabilities. + (d) National Advanced Packaging Manufacturing Program.--Subject to +the availability of appropriations for such purpose, the Secretary of +Commerce shall establish a National Advanced Packaging Manufacturing +Program led by the Director of the National Institute of Standards and +Technology, in coordination with the national semiconductor technology +center established under subsection (c), to strengthen semiconductor +advanced test, assembly, and packaging capability in the domestic +ecosystem, and which shall coordinate with the Manufacturing USA +institute established under subsection (f), if applicable. + (e) Microelectronics Research at the National Institute of +Standards and Technology.--Subject to the availability of +appropriations for such purpose, the Director of the National Institute +of Standards and Technology shall carry out a microelectronics research +program to enable advances and breakthroughs in measurement science, +standards, material characterization, instrumentation, testing, and +manufacturing capabilities that will accelerate the underlying research +and development for metrology of next generation microelectronics and +ensure the competitiveness and leadership of the United States within +this sector. + (f) Creation of a Manufacturing USA Institute.--Subject to the +availability of appropriations for such purpose, the Director of the +National Institute of Standards and Technology may establish a +Manufacturing USA institute described in section 34(d) of the National +Institute of Standards and Technology Act (15 U.S.C. 278s(d)) that is +focused on semiconductor manufacturing. Such institute may emphasize +the following: + (1) Research to support the virtualization and automation of + maintenance of semiconductor machinery. + (2) Development of new advanced test, assembly and packaging + capabilities. + (3) Developing and deploying educational and skills training + curricula needed to support the industry sector and ensure the + United States can build and maintain a trusted and predictable + talent pipeline. + (g) Domestic Production Requirements.--The head of any executive +agency receiving funding under this section shall develop policies to +require domestic production, to the extent possible, for any +intellectual property resulting from microelectronics research and +development conducted as a result of such funding and domestic control +requirements to protect any such intellectual property from foreign +adversaries. +SEC. 9907. PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN. + None of the funds authorized to be appropriated to carry out this +subtitle may be provided to a foreign entity of concern. +SEC. 9908. DEFENSE PRODUCTION ACT OF 1950 EFFORTS. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the President shall submit to Congress a report +on a plan of action for any use of authorities available in title III +of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to +establish or enhance a domestic production capability for +microelectronics technologies and related technologies, subject to-- + (1) the availability of appropriations for that purpose; and + (2) a determination made under the plan pursuant to such title + III that such technologies are essential to the national defense + and that domestic industrial capabilities are insufficient to meet + these needs. + (b) Coordination.--The President shall develop the plan of action +required by subsection (a) in consultation with any relevant head of a +Federal agency, an advisory committee established under section 708(d) +of the Defense Production Act of 1950 (50 U.S.C. 4558(d)), and +appropriate stakeholders in the private sector. + + TITLE C--OTHER MATTERS + +Sec. 10001. AMBER Alert nationwide. +Sec. 10002. Improving authority for operation of unmanned aircraft for + educational purposes. +Sec. 10003. Prohibition on provision of airport improvement grant funds + to certain entities that have violated intellectual property + rights of United States entities. +Sec. 10004. Study and report on the affordability of insulin. +Sec. 10005. Waiver authority with respect to institutions located in an + area affected by Hurricane Maria. +Sec. 10006. Farm and ranch mental health. + +SEC. 10001. AMBER ALERT NATIONWIDE. + (a) Cooperation With Department of Homeland Security.--Subtitle A +of title III of the PROTECT Act (34 U.S.C. 20501 et seq.) is amended-- + (1) in section 301-- + (A) in subsection (b)-- + (i) in paragraph (1), by inserting ``(including + airports, maritime ports, border crossing areas and + checkpoints, and ports of exit from the United States)'' + after ``gaps in areas of interstate travel''; and + (ii) in paragraphs (2) and (3), by inserting ``, + territories of the United States, and tribal governments'' + after ``States''; and + (B) in subsection (d), by inserting ``, the Secretary of + Homeland Security,'' after ``Secretary of Transportation''; and + (2) in section 302-- + (A) in subsection (b), in paragraphs (2), (3), and (4) by + inserting ``, territorial, tribal,'' after ``State''; and + (B) in subsection (c)-- + (i) in paragraph (1), by inserting ``, the Secretary of + Homeland Security,'' after ``Secretary of Transportation''; + and + (ii) in paragraph (2), by inserting ``, territorial, + tribal,'' after ``State''. + (b) AMBER Alerts Along Major Transportation Routes.-- + (1) In general.--Section 303 of the PROTECT Act (34 U.S.C. + 20503) is amended-- + (A) in the section heading, by inserting ``and major + transportation routes'' after ``along highways''; + (B) in subsection (a)-- + (i) by inserting ``(referred to in this section as the + `Secretary')'' after ``Secretary of Transportation''; and + (ii) by inserting ``and at airports, maritime ports, + border crossing areas and checkpoints, and ports of exit + from the United States'' after ``along highways''; + (C) in subsection (b)-- + (i) in paragraph (1)-- + + (I) by striking ``other motorist information + systems to notify motorists'' and inserting ``other + information systems to notify motorists, aircraft + passengers, ship passengers, and travelers''; and + (II) by inserting ``, aircraft passengers, ship + passengers, and travelers'' after ``necessary to notify + motorists''; and + + (ii) in paragraph (2)-- + + (I) in subparagraph (A), by striking ``other + motorist information systems to notify motorists'' and + inserting ``other information systems to notify + motorists, aircraft passengers, ship passengers, and + travelers''; + (II) in subparagraph (D), by inserting ``, aircraft + passengers, ship passengers, and travelers'' after + ``support the notification of motorists''; + (III) in subparagraph (E), by inserting ``, + aircraft passengers, ship passengers, and travelers'' + after ``motorists'', each place it appears; + (IV) in subparagraph (F), by inserting ``, aircraft + passengers, ship passengers, and travelers'' after + ``motorists''; and + (V) in subparagraph (G), by inserting ``, aircraft + passengers, ship passengers, and travelers'' after + ``motorists''; + + (D) in subsection (c), by striking ``other motorist + information systems to notify motorists'', each place it + appears, and inserting ``other information systems to notify + motorists, aircraft passengers, ship passengers, and + travelers''; + (E) by amending subsection (d) to read as follows: + ``(d) Federal Share.-- + ``(1) In general.--Except as provided in paragraph (2), the + Federal share of the cost of any activities funded by a grant under + this section may not exceed 80 percent. + ``(2) Waiver.--If the Secretary determines that American Samoa, + Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin + Islands of the United States is unable to comply with the + requirement under paragraph (1), the Secretary shall waive such + requirement.''; + (F) in subsection (g)-- + (i) by striking ``In this section'' and inserting ``In + this subtitle''; and + (ii) by striking ``or Puerto Rico'' and inserting + ``American Samoa, Guam, Puerto Rico, the Northern Mariana + Islands, the Virgin Islands of the United States, and any + other territory of the United States''; and + (G) in subsection (h), by striking ``fiscal year 2004'' and + inserting ``each of fiscal years 2019 through 2023''. + (2) Technical and conforming amendment.--The table of contents + in section 1(b) of the PROTECT Act (Public Law 108-21) is amended + by striking the item relating to section 303 and inserting the + following: - In this title: - (1) Map.--The term ``map'' means the map entitled - ``Curecanti National Recreation Area, Proposed Boundary'', - numbered 616/100,485C, and dated August 11, 2016. - (2) National recreation area.--The term ``National - Recreation Area'' means the Curecanti National Recreation Area - established by section 21402(a). - (3) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - -SEC. 21402. CURECANTI NATIONAL RECREATION AREA. - - (a) Establishment.--Effective beginning on the earlier of the date -on which the Secretary approves a request under subsection -(c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment -of this Act, there shall be established as a unit of the National Park -System the Curecanti National Recreation Area, in accordance with this -division, consisting of approximately 50,667 acres of land in the -State, as generally depicted on the map as ``Curecanti National -Recreation Area Proposed Boundary''. - (b) Availability of Map.--The map shall be on file and available -for public inspection in the appropriate offices of the National Park -Service. - (c) Administration.-- - (1) In general.--The Secretary shall administer the - National Recreation Area in accordance with-- - (A) this title; and - (B) the laws (including regulations) generally - applicable to units of the National Park System, - including section 100101(a), chapter 1003, and sections - 100751(a), 100752, 100753, and 102101 of title 54, - United States Code. - (2) Dam, power plant, and reservoir management and - operations.-- - (A) In general.--Nothing in this title affects or - interferes with the authority of the Secretary-- - (i) to operate the Uncompahgre Valley - Reclamation Project under the reclamation laws; - (ii) to operate the Wayne N. Aspinall Unit - of the Colorado River Storage Project under the - Act of April 11, 1956 (commonly known as the - ``Colorado River Storage Project Act'') (43 - U.S.C. 620 et seq.); or - (iii) under the Federal Water Project - Recreation Act (16 U.S.C. 460l-12 et seq.). - (B) Reclamation land.-- - (i) Submission of request to retain - administrative jurisdiction.--If, before the - date that is 1 year after the date of enactment - of this Act, the Commissioner of Reclamation - submits to the Secretary a request for the - Commissioner of Reclamation to retain - administrative jurisdiction over the minimum - quantity of land within the land identified on - the map as ``Lands withdrawn or acquired for - Bureau of Reclamation projects'' that the - Commissioner of Reclamation identifies as - necessary for the effective operation of Bureau - of Reclamation water facilities, the Secretary - may-- - (I) approve, approve with - modifications, or disapprove the - request; and - (II) if the request is approved - under subclause (I), make any - modifications to the map that are - necessary to reflect that the - Commissioner of Reclamation retains - management authority over the minimum - quantity of land required to fulfill - the reclamation mission. - (ii) Transfer of land.-- - (I) In general.--Administrative - jurisdiction over the land identified - on the map as ``Lands withdrawn or - acquired for Bureau of Reclamation - projects'', as modified pursuant to - clause (i)(II), if applicable, shall be - transferred from the Commissioner of - Reclamation to the Director of the - National Park Service by not later than - the date that is 1 year after the date - of enactment of this Act. - (II) Access to transferred land.-- - (aa) In general.--Subject - to item (bb), the Commissioner - of Reclamation shall retain - access to the land transferred - to the Director of the National - Park Service under subclause - (I) for reclamation purposes, - including for the operation, - maintenance, and expansion or - replacement of facilities. - (bb) Memorandum of - understanding.--The terms of - the access authorized under - item (aa) shall be determined - by a memorandum of - understanding entered into - between the Commissioner of - Reclamation and the Director of - the National Park Service not - later than 1 year after the - date of enactment of this Act. - (3) Management agreements.-- - (A) In general.--The Secretary may enter into - management agreements, or modify management agreements - in existence on the date of enactment of this Act, - relating to the authority of the Director of the - National Park Service, the Commissioner of Reclamation, - the Director of the Bureau of Land Management, or the - Chief of the Forest Service to manage Federal land - within or adjacent to the boundary of the National - Recreation Area. - (B) State land.--The Secretary may enter into - cooperative management agreements for any land - administered by the State that is within or adjacent to - the National Recreation Area, in accordance with the - cooperative management authority under section 101703 - of title 54, United States Code. - (4) Recreational activities.-- - (A) Authorization.--Except as provided in - subparagraph (B), the Secretary shall allow boating, - boating-related activities, hunting, and fishing in the - National Recreation Area in accordance with applicable - Federal and State laws. - (B) Closures; designated zones.-- - (i) In general.--The Secretary, acting - through the Superintendent of the National - Recreation Area, may designate zones in which, - and establish periods during which, no boating, - hunting, or fishing shall be permitted in the - National Recreation Area under subparagraph (A) - for reasons of public safety, administration, - or compliance with applicable laws. - (ii) Consultation required.--Except in the - case of an emergency, any closure proposed by - the Secretary under clause (i) shall not take - effect until after the date on which the - Superintendent of the National Recreation Area - consults with-- - (I) the appropriate State agency - responsible for hunting and fishing - activities; and - (II) the Board of County - Commissioners in each county in which - the zone is proposed to be designated. - (5) Landowner assistance.--On the written request of an - individual that owns private land located not more than 3 miles - from the boundary of the National Recreation Area, the - Secretary may work in partnership with the individual to - enhance the long-term conservation of natural, cultural, - recreational, and scenic resources in and around the National - Recreation Area-- - (A) by acquiring all or a portion of the private - land or interests in private land located not more than - 3 miles from the boundary of the National Recreation - Area by purchase, exchange, or donation, in accordance - with section 21403; - (B) by providing technical assistance to the - individual, including cooperative assistance; - (C) through available grant programs; and - (D) by supporting conservation easement - opportunities. - (6) Withdrawal.--Subject to valid existing rights, all - Federal land within the National Recreation Area is withdrawn - from-- - (A) entry, appropriation, and disposal under the - public land laws; - (B) location, entry, and patent under the mining - laws; and - (C) operation of the mineral leasing, mineral - materials, and geothermal leasing laws. - (7) Grazing.-- - (A) State land subject to a state grazing lease.-- - (i) In general.--If State land acquired - under this title is subject to a State grazing - lease in effect on the date of acquisition, the - Secretary shall allow the grazing to continue - for the remainder of the term of the lease, - subject to the related terms and conditions of - user agreements, including permitted stocking - rates, grazing fee levels, access rights, and - ownership and use of range improvements. - (ii) Access.--A lessee of State land may - continue its use of established routes within - the National Recreation Area to access State - land for purposes of administering the lease if - the use was permitted before the date of - enactment of this Act, subject to such terms - and conditions as the Secretary may require. - (B) State and private land.--The Secretary may, in - accordance with applicable laws, authorize grazing on - land acquired from the State or private landowners - under section 21403, if grazing was established before - the date of acquisition. - (C) Private land.--On private land acquired under - section 21403 for the National Recreation Area on which - authorized grazing is occurring before the date of - enactment of this Act, the Secretary, in consultation - with the lessee, may allow the continuation and renewal - of grazing on the land based on the terms of - acquisition or by agreement between the Secretary and - the lessee, subject to applicable law (including - regulations). - (D) Federal land.--The Secretary shall-- - (i) allow, consistent with the grazing - leases, uses, and practices in effect as of the - date of enactment of this Act, the continuation - and renewal of grazing on Federal land located - within the boundary of the National Recreation - Area on which grazing is allowed before the - date of enactment of this Act, unless the - Secretary determines that grazing on the - Federal land would present unacceptable impacts - (as defined in section 1.4.7.1 of the National - Park Service document entitled ``Management - Policies 2006: The Guide to Managing the - National Park System'') to the natural, - cultural, recreational, and scenic resource - values and the character of the land within the - National Recreation Area; and - (ii) retain all authorities to manage - grazing in the National Recreation Area. - (E) Termination of leases.--Within the National - Recreation Area, the Secretary may-- - (i) accept the voluntary termination of a - lease or permit for grazing; or - (ii) in the case of a lease or permit - vacated for a period of 3 or more years, - terminate the lease or permit. - (8) Water rights.--Nothing in this title-- - (A) affects any use or allocation in existence on - the date of enactment of this Act of any water, water - right, or interest in water; - (B) affects any vested absolute or decreed - conditional water right in existence on the date of - enactment of this Act, including any water right held - by the United States; - (C) affects any interstate water compact in - existence on the date of enactment of this Act; - (D) authorizes or imposes any new reserved Federal - water right; - (E) shall be considered to be a relinquishment or - reduction of any water right reserved or appropriated - by the United States in the State on or before the date - of enactment of this Act; or - (F) constitutes an express or implied Federal - reservation of any water or water rights with respect - to the National Recreation area. - (9) Fishing easements.-- - (A) In general.--Nothing in this title diminishes - or alters the fish and wildlife program for the - Aspinall Unit developed under section 8 of the Act of - April 11, 1956 (commonly known as the ``Colorado River - Storage Project Act'') (70 Stat. 110, chapter 203; 43 - U.S.C. 620g), by the United States Fish and Wildlife - Service, the Bureau of Reclamation, and the Colorado - Division of Wildlife (including any successor in - interest to that division) that provides for the - acquisition of public access fishing easements as - mitigation for the Aspinall Unit (referred to in this - paragraph as the ``program''). - (B) Acquisition of fishing easements.--The - Secretary shall continue to fulfill the obligation of - the Secretary under the program to acquire 26 miles of - class 1 public fishing easements to provide to - sportsmen access for fishing within the Upper Gunnison - Basin upstream of the Aspinall Unit, subject to the - condition that no existing fishing access downstream of - the Aspinall Unit shall be counted toward the minimum - mileage requirement under the program. - (C) Plan.--Not later than 1 year after the date of - enactment of this Act, the Secretary shall-- - (i) develop a plan for fulfilling the - obligation of the Secretary described in - subparagraph (B); and - (ii) submit to Congress a report that-- - (I) includes the plan developed - under clause (i); and - (II) describes any progress made in - the acquisition of public access - fishing easements as mitigation for the - Aspinall Unit under the program. - -SEC. 21403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT. - - (a) Acquisition.-- - (1) In general.--The Secretary may acquire any land or - interest in land within the boundary of the National Recreation - Area. - (2) Manner of acquisition.-- - (A) In general.--Subject to subparagraph (B), land - described in paragraph (1) may be acquired under this - subsection by-- - (i) donation; - (ii) purchase from willing sellers with - donated or appropriated funds; - (iii) transfer from another Federal agency; - or - (iv) exchange. - (B) State land.--Land or interests in land owned by - the State or a political subdivision of the State may - only be acquired by purchase, donation, or exchange. - (b) Transfer of Administrative Jurisdiction.-- - (1) Forest service land.-- - (A) In general.--Administrative jurisdiction over - the approximately 2,560 acres of land identified on the - map as ``U.S. Forest Service proposed transfer to the - National Park Service'' is transferred to the - Secretary, to be administered by the Director of the - National Park Service as part of the National - Recreation Area. - (B) Boundary adjustment.--The boundary of the - Gunnison National Forest shall be adjusted to exclude - the land transferred to the Secretary under - subparagraph (A). - (2) Bureau of land management land.--Administrative - jurisdiction over the approximately 5,040 acres of land - identified on the map as ``Bureau of Land Management proposed - transfer to National Park Service'' is transferred from the - Director of the Bureau of Land Management to the Director of - the National Park Service, to be administered as part of the - National Recreation Area. - (3) Withdrawal.--Administrative jurisdiction over the land - identified on the map as ``Proposed for transfer to the Bureau - of Land Management, subject to the revocation of Bureau of - Reclamation withdrawal'' shall be transferred to the Director - of the Bureau of Land Management on relinquishment of the land - by the Bureau of Reclamation and revocation by the Bureau of - Land Management of any withdrawal as may be necessary. - (c) Potential Land Exchange.-- - (1) In general.--The withdrawal for reclamation purposes of - the land identified on the map as ``Potential exchange lands'' - shall be relinquished by the Commissioner of Reclamation and - revoked by the Director of the Bureau of Land Management and - the land shall be transferred to the National Park Service. - (2) Exchange; inclusion in national recreation area.--On - transfer of the land described in paragraph (1), the - transferred land-- - (A) may be exchanged by the Secretary for private - land described in section 21402(c)(5)-- - (i) subject to a conservation easement - remaining on the transferred land, to protect - the scenic resources of the transferred land; - and - (ii) in accordance with the laws (including - regulations) and policies governing National - Park Service land exchanges; and - (B) if not exchanged under subparagraph (A), shall - be added to, and managed as a part of, the National - Recreation Area. - (d) Addition to National Recreation Area.--Any land within the -boundary of the National Recreation Area that is acquired by the United -States shall be added to, and managed as a part of, the National -Recreation Area. - -SEC. 21404. GENERAL MANAGEMENT PLAN. - - Not later than 3 years after the date on which funds are made -available to carry out this title, the Director of the National Park -Service, in consultation with the Commissioner of Reclamation, shall -prepare a general management plan for the National Recreation Area in -accordance with section 100502 of title 54, United States Code. - -SEC. 21405. BOUNDARY SURVEY. - - The Secretary (acting through the Director of the National Park -Service) shall prepare a boundary survey and legal description of the -National Recreation Area. - - Passed the House of Representatives July 21, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 6395 - -_______________________________________________________________________ - - AN ACT - - To authorize appropriations for fiscal year 2021 for military -activities of the Department of Defense, for military construction, and - for defense activities of the Department of Energy, to prescribe - military personnel strengths for such fiscal year, and for other - purposes. +``Sec. 303. Grant program for notification and communications systems + along highways and major transportation routes for recovery of + abducted children.''. + + (c) AMBER Alert Communication Plans in the Territories.--Section +304 of the PROTECT Act (34 U.S.C. 20504) is amended-- + (1) in subsection (b)(4), by inserting ``a territorial + government or'' after ``with''; + (2) by amending subsection (c) to read as follows: + ``(c) Federal Share.-- + ``(1) In general.--Except as provided in paragraph (2), the + Federal share of the cost of any activities funded by a grant under + this section may not exceed 50 percent. + ``(2) Waiver.--If the Attorney General determines that American + Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin + Islands of the United States, or an Indian tribe is unable to + comply with the requirement under paragraph (1), the Attorney + General shall waive such requirement.''; and + (3) in subsection (d), by inserting ``, including territories + of the United States'' before the period at the end. + (d) Government Accountability Office Report.-- + (1) In general.--Not later than 5 years after the date of the + enactment of this Act, the Comptroller General shall conduct a + study assessing-- + (A) the implementation of the amendments made by this Act; + (B) any challenges related to integrating the territories + of the United States into the AMBER Alert system; + (C) the readiness, educational, technological, and training + needs of territorial law enforcement agencies in responding to + cases involving missing, abducted, or exploited children; and + (D) any other related matters the Attorney General or the + Secretary of Transportation determines appropriate. + (2) Report required.--The Comptroller General shall submit a + report on the findings of the study required under paragraph (1) + to-- + (A) the Committee on the Judiciary and the Committee on + Environment and Public Works of the Senate; + (B) the Committee on the Judiciary and the Committee on + Transportation and Infrastructure of the House of + Representatives; and + (C) each of the delegates or resident commissioner to the + House of Representatives from American Samoa, Guam, the + Northern Mariana Islands, Puerto Rico, and the Virgin Islands + of the United States. + (3) Public availability.--The Comptroller General shall make + the report required under paragraph (2) available on a public + Government website. + (4) Obtaining official data.-- + (A) In general.--The Comptroller General may secure + information necessary to conduct the study under paragraph (1) + directly from any Federal agency and from any territorial + government receiving grant funding under the PROTECT Act. Upon + request of the Comptroller General, the head of a Federal + agency or territorial government shall furnish the requested + information to the Comptroller General. + (B) Agency records.--Notwithstanding subparagraph (A), + nothing in this subsection shall require a Federal agency or + any territorial government to produce records subject to a + common law evidentiary privilege. Records and information + shared with the Comptroller General shall continue to be + subject to withholding under sections 552 and 552a of title 5, + United States Code. The Comptroller General is obligated to + give the information the same level of confidentiality and + protection required of the Federal agency or territorial + government. The Comptroller General may be requested to sign a + nondisclosure or other agreement as a condition of gaining + access to sensitive or proprietary data to which the + Comptroller General is entitled. + (C) Privacy of personal information.--The Comptroller + General, and any Federal agency and any territorial government + that provides information to the Comptroller General, shall + take such actions as are necessary to ensure the protection of + the personal information of a minor. +SEC. 10002. IMPROVING AUTHORITY FOR OPERATION OF UNMANNED AIRCRAFT FOR +EDUCATIONAL PURPOSES. + Section 350 of the FAA Reauthorization Act of 2018 (Public Law 115- +254; 49 U.S.C. 44809 note) is amended-- + (1) in the section heading, by striking ``at institutions of + higher education'' and inserting ``for educational purposes''; and + (2) in subsection (a)-- + (A) by striking ``aircraft system operated by'' and all + that follows and inserting ``aircraft system--''; and + (B) by adding at the end the following new paragraphs: + ``(1) operated by an institution of higher education for + educational or research purposes; + ``(2) flown as part of an established Junior Reserve Officers' + Training Corps (JROTC) program for education or research purposes; + or + ``(3) flown as part of an educational program that is chartered + by a recognized community-based organization (as defined in + subsection (h) of such section).''. +SEC. 10003. PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT GRANT FUNDS +TO CERTAIN ENTITIES THAT HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS OF +UNITED STATES ENTITIES. + (a) In General.--During the period beginning on the date that is 30 +days after the date of the enactment of this Act and ending on +September 30, 2023, amounts provided as project grants under subchapter +I of chapter 471 of title 49, United States Code, may not be used to +enter into a contract described in subsection (b) with any entity on +the list required by subsection (c). + (b) Contract Described.--A contract described in this subsection is +a contract or other agreement for the procurement of infrastructure or +equipment for a passenger boarding bridge at an airport. + (c) List Required.-- + (1) In general.--Not later than 30 days after the date of + enactment of this Act, and thereafter as required by paragraph (2), + the Administrator of the Federal Aviation Administration shall, + based on information provided by the United States Trade + Representative and the Attorney General, make available to the + public a list of entities making infrastructure or equipment for a + passenger boarding bridge at an airport that-- + (A) are owned, directed, or subsidized by the People's + Republic of China; and + (B) have been determined by a Federal court to have + misappropriated intellectual property or trade secrets from an + entity organized under the laws of the United States or any + jurisdiction within the United States; or + (C) own or control are owned or controlled by, are under + common ownership or control with, or are successors to, an + entity described in subparagraph (A). + (2) Updates to list.--The Administrator shall update the list + required by paragraph (1), based on information provided by the + Trade Representative and the Attorney General-- + (A) not less frequently than every 90 days during the 180- + day period following the initial publication of the list under + paragraph (1); and + (B) not less frequently than annually thereafter until + September 30, 2023. + (d) Definitions.--In this section, the definitions in section 47102 +of title 49, United States Code, shall apply. +SEC. 10004. STUDY AND REPORT ON THE AFFORDABILITY OF INSULIN. + The Secretary of Health and Human Services, acting through the +Assistant Secretary for Planning and Evaluation, shall-- + (1) conduct a study that examines, for each type or + classification of diabetes (including type 1 diabetes, type 2 + diabetes, gestational diabetes, and other conditions causing + reliance on insulin), the effect of the affordability of insulin + on-- + (A) adherence to insulin prescriptions; + (B) rates of diabetic ketoacidosis; + (C) downstream impacts of insulin adherence, including + rates of dialysis treatment and end-stage renal disease; + (D) spending by Federal health programs on acute episodes + that could have been averted by adhering to an insulin + prescription; and + (E) other factors, as appropriate, to understand the + impacts of insulin affordability on health outcomes, Federal + Government spending (including under the Medicare program under + title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) + and the Medicaid program under title XIX of the Social Security + Act (42 U.S.C. 1396 et seq.)), and insured and uninsured + individuals with diabetes; and + (2) not later than 2 years after the date of enactment of this + Act, submit to Congress a report on the study conducted under + paragraph (1). +SEC. 10005. WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS LOCATED IN AN +AREA AFFECTED BY HURRICANE MARIA. + (a) Waiver Authority.--Notwithstanding any other provision of law, +unless enacted with specific reference to this section or section 392 +of the Higher Education Act of 1965 (20 U.S.C. 1068a), for any affected +institution that was receiving assistance under title III of such Act +(20 U.S.C. 1051 et seq.) at the time of a covered hurricane disaster, +the Secretary of Education may, for each of the fiscal years 2021 +through 2025-- + (1) waive-- + (A) the eligibility data requirements set forth in section + 391(d) of the Higher Education Act of 1965 (20 U.S.C. 1068(d)); + (B) the wait-out period set forth in section 313(d) of the + Higher Education Act of 1965 (20 U.S.C. 1059(d)); + (C) the allotment requirements under section 324 of the + Higher Education Act of 1965 (20 U.S.C. 1063); and + (D) the use of the funding formula developed pursuant to + section 326(f)(3) of the Higher Education Act of 1965 (20 + U.S.C. 1063b(f)(3)); and + (2) waive or modify any statutory or regulatory provision to + ensure that affected institutions that were receiving assistance + under title III of the Higher Education Act of 1965 (20 U.S.C. 1051 + et seq.) at the time of a covered hurricane disaster are not + adversely affected by any formula calculation for fiscal year 2021 + or for any of the four succeeding fiscal years, as necessary. + (b) Definitions.--In this section: + (1) The term ``affected institution'' means an institution of + higher education (as defined in section 101 of the Higher Education + Act of 1965 (20 U.S.C. 1001)) that-- + (A) is-- + (i) a part A institution (which term shall have the + meaning given the term ``eligible institution'' under + section 312(b) of the Higher Education Act of 1965 (20 + U.S.C. 1058(b))); or + (ii) a part B institution, as such term is defined in + section 322(2) of the Higher Education Act of 1965 (20 + U.S.C. 1061(2)), or as identified in section 326(e) of such + Act (20 U.S.C. 1063b(e)); + (B) is located in a covered area affected by a hurricane + disaster; and + (C) is able to demonstrate that, as a result of the impact + of a covered hurricane disaster, the institution-- + (i) incurred physical damage; + (ii) has pursued collateral source compensation from + insurance, the Federal Emergency Management Agency, and the + Small Business Administration, as appropriate; and + (iii) was not able to fully reopen in existing + facilities or to fully reopen to the pre-hurricane + enrollment levels during the 30-day period beginning on + September 7, 2017. + (2) The term ``covered area affected by a hurricane disaster'' + means an area for which the President declared a major disaster + under section 401 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane + Maria. + (3) The term ``covered hurricane disaster'' means a major + disaster that the President declared to exist, in accordance with + section 401 of the Robert T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5170), and that was caused by Hurricane + Maria or Hurricane Irma. +SEC. 10006. FARM AND RANCH MENTAL HEALTH. + (a) Public Service Announcement Campaign to Address Farm and Ranch +Mental Health.-- + (1) In general.--The Secretary of Agriculture, in consultation + with the Secretary of Health and Human Services, shall carry out a + public service announcement campaign to address the mental health + of farmers and ranchers. + (2) Requirements.--The public service announcement campaign + under paragraph (1) shall include television, radio, print, + outdoor, and digital public service announcements. + (3) Contractor.-- + (A) In general.--The Secretary of Agriculture may enter + into a contract or other agreement with a third party to carry + out the public service announcement campaign under paragraph + (1). + (B) Requirement.--In awarding a contract under subparagraph + (A), the Secretary of Agriculture shall use a competitive + bidding process. + (4) Authorization of appropriations.--There is authorized to be + appropriated to the Secretary of Agriculture to carry out this + subsection $3,000,000, to remain available until expended. + (b) Employee Training Program to Manage Farmer and Rancher +Stress.-- + (1) In general.--Not later than 180 days after the date of + enactment of this subsection, the Secretary of Agriculture shall + expand the pilot program carried out by the Secretary of + Agriculture in fiscal year 2019 that trained employees of the Farm + Service Agency in the management of stress experienced by farmers + and ranchers, to train employees of the Farm Service Agency, the + Risk Management Agency, and the Natural Resources Conservation + Service in the management of stress experienced by farmers and + ranchers, including the detection of stress and suicide prevention. + (2) Report.--Not less frequently than once every 2 years, the + Secretary of Agriculture shall submit to the Committee on + Agriculture of the House of Representatives and the Committee on + Agriculture, Nutrition, and Forestry of the Senate a report + describing the implementation of this subsection. + (c) Task Force for Assessment of Causes of Mental Stress and Best +Practices for Response.-- + (1) In general.--The Secretary of Agriculture shall convene a + task force of agricultural and rural stakeholders at the national, + State, and local levels-- + (A) to assess the causes of mental stress in farmers and + ranchers; and + (B) to identify best practices for responding to that + mental stress. + (2) Submission of report.--Not later than 1 year after the date + of enactment of this subsection, the task force convened under + paragraph (1) shall submit to the Secretary of Agriculture a report + containing the assessment and best practices under subparagraphs + (A) and (B), respectively, of paragraph (1). + (3) Collaboration.--In carrying out this subsection, the task + force convened under paragraph (1) shall collaborate with + nongovernmental organizations and State and local agencies. + (d) Cessation of Authorities.--Any authorities provided under this +section shall cease to be in effect on October 1, 2023. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From e0eb6350ba371e023111ecb99be083859aee4dca Mon Sep 17 00:00:00 2001 From: "Rep. Byrne, Bradley [R-AL-1]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 587/984] House-6418: Introduced to House --- bills_text/House-6418.txt | 45 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/House-6418.txt diff --git a/bills_text/House-6418.txt b/bills_text/House-6418.txt new file mode 100644 index 0000000..62793be --- /dev/null +++ b/bills_text/House-6418.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 2d Session + H. R. 6418 + + To designate the facility of the United States Postal Service located + at 509 Fairhope Avenue in Fairhope, Alabama, as the ``William `Jack' + Jackson Edwards III Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + March 31, 2020 + +Mr. Byrne (for himself, Mrs. Roby, Mr. Rogers of Alabama, Mr. Aderholt, + Mr. Brooks of Alabama, Mr. Palmer, and Ms. Sewell of Alabama) + introduced the following bill; which was referred to the Committee on + Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 509 Fairhope Avenue in Fairhope, Alabama, as the ``William `Jack' + Jackson Edwards III Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. WILLIAM ``JACK'' JACKSON EDWARDS III POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 509 Fairhope Avenue in Fairhope, Alabama, shall be known and +designated as the ``William `Jack' Jackson Edwards III Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``William +`Jack' Jackson Edwards III Post Office Building''. + \ No newline at end of file From ef7157ab3a85b56fce6788bb9510d9bb221843e8 Mon Sep 17 00:00:00 2001 From: "Rep. Byrne, Bradley [R-AL-1]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 588/984] House-6418: Engrossed in House --- bills_text/House-6418.txt | 39 ++++++++++++++++++++------------------- 1 file changed, 20 insertions(+), 19 deletions(-) diff --git a/bills_text/House-6418.txt b/bills_text/House-6418.txt index 62793be..82b418c 100644 --- a/bills_text/House-6418.txt +++ b/bills_text/House-6418.txt @@ -2,26 +2,9 @@ 2d Session H. R. 6418 - To designate the facility of the United States Postal Service located - at 509 Fairhope Avenue in Fairhope, Alabama, as the ``William `Jack' - Jackson Edwards III Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - March 31, 2020 - -Mr. Byrne (for himself, Mrs. Roby, Mr. Rogers of Alabama, Mr. Aderholt, - Mr. Brooks of Alabama, Mr. Palmer, and Ms. Sewell of Alabama) - introduced the following bill; which was referred to the Committee on - Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -42,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``William `Jack' Jackson Edwards III Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6418 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 509 Fairhope Avenue in Fairhope, Alabama, as the ``William `Jack' + Jackson Edwards III Post Office Building''. From e60530bdc27f29c349b75d8f27b54cf7c5310231 Mon Sep 17 00:00:00 2001 From: "Rep. Byrne, Bradley [R-AL-1]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 589/984] House-6418: Enrolled --- bills_text/House-6418.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-6418.txt b/bills_text/House-6418.txt index 82b418c..158974d 100644 --- a/bills_text/House-6418.txt +++ b/bills_text/House-6418.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 6418 + H.R.6418 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 509 Fairhope Avenue in Fairhope, Alabama, as the ``William `Jack' - Jackson Edwards III Post Office Building''. +To designate the facility of the United States Postal Service located at + 509 Fairhope Avenue in Fairhope, Alabama, as the ``William `Jack' + Jackson Edwards III Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. WILLIAM ``JACK'' JACKSON EDWARDS III POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 509 Fairhope Avenue in Fairhope, Alabama, shall be known and designated as the ``William `Jack' Jackson Edwards III Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``William `Jack' Jackson Edwards III Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 6418 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 509 Fairhope Avenue in Fairhope, Alabama, as the ``William `Jack' - Jackson Edwards III Post Office Building''. + Vice President of the United States and + President of the Senate. From 913ca3557be90ad23117b5d8b7f2542f32b1a646 Mon Sep 17 00:00:00 2001 From: "Rep. Carter, Earl L. Buddy [R-GA-1]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 590/984] House-6435: Introduced to House --- bills_text/House-6435.txt | 82 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 82 insertions(+) create mode 100644 bills_text/House-6435.txt diff --git a/bills_text/House-6435.txt b/bills_text/House-6435.txt new file mode 100644 index 0000000..53050c1 --- /dev/null +++ b/bills_text/House-6435.txt @@ -0,0 +1,82 @@ +116th CONGRESS + 2d Session + H. R. 6435 + + To direct the Federal Trade Commission to develop and disseminate + information to the public about scams related to COVID-19, and for + other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 3, 2020 + + Mr. Carter of Georgia (for himself, Mr. Hudson, Ms. Kuster of New + Hampshire, and Ms. Blunt Rochester) introduced the following bill; + which was referred to the Committee on Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + + To direct the Federal Trade Commission to develop and disseminate + information to the public about scams related to COVID-19, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Combating Pandemic Scams Act of +2020''. + +SEC. 2. INFORMATION ABOUT SCAMS RELATED TO COVID-19. + + (a) Dissemination of Information.-- + (1) In general.--As expeditiously as possible after the + date of the enactment of this Act, the Commission, in + consultation with the Attorney General, the Secretary of Health + and Human Services, the Postmaster General, the Chief Postal + Inspector, and the Internet Crime Complaint Center, shall + develop and disseminate information to the public about scams + related to the novel coronavirus (COVID-19). + (2) Requirements.--In carrying out paragraph (1), the + Commission shall-- + (A) include-- + (i) information regarding mail, + telemarketing, and internet fraud and illegal + robocalls related to COVID-19 that identifies + the most common scams; and + (ii) information regarding where and how to + report instances of scams related to COVID-19, + including instructions on how to file a + complaint with the appropriate law enforcement + agency; + (B) disseminate information under such paragraph in + a manner that prioritizes, and that is easily + accessible by and user-friendly to, senior citizens and + people with infirmities and disabilities; + (C) disseminate information under such paragraph on + an internet website of the Commission that serves as a + source of information for the public about scams + related to COVID-19; and + (D) regularly update the information developed and + disseminated under such paragraph to keep pace with the + changing nature of scams related to COVID-19. + (b) Database.--As expeditiously as possible after the date of the +enactment of this Act, the Commission shall, in consultation with State +law enforcement agencies, the Director of the Bureau of Consumer +Financial Protection, the Attorney General, the Secretary of Health and +Human Services, and other relevant Federal officials, establish a +comprehensive national database, either within or separate from the +Consumer Sentinel Network, that tracks instances of scams related to +COVID-19. + (c) Commission Defined.--In this section, the term ``Commission'' +means the Federal Trade Commission. + \ No newline at end of file From 912c84204d83c3e5613a1b85232be0f34ac1d7e1 Mon Sep 17 00:00:00 2001 From: "Rep. Carter, Earl L. Buddy [R-GA-1]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 591/984] House-6435: Engrossed in House --- bills_text/House-6435.txt | 47 ++++++++++++++++++++++++--------------- 1 file changed, 29 insertions(+), 18 deletions(-) diff --git a/bills_text/House-6435.txt b/bills_text/House-6435.txt index 53050c1..ee04441 100644 --- a/bills_text/House-6435.txt +++ b/bills_text/House-6435.txt @@ -2,25 +2,9 @@ 2d Session H. R. 6435 - To direct the Federal Trade Commission to develop and disseminate - information to the public about scams related to COVID-19, and for - other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - April 3, 2020 - - Mr. Carter of Georgia (for himself, Mr. Hudson, Ms. Kuster of New - Hampshire, and Ms. Blunt Rochester) introduced the following bill; - which was referred to the Committee on Energy and Commerce - _______________________________________________________________________ - A BILL + AN ACT @@ -79,4 +63,31 @@ Consumer Sentinel Network, that tracks instances of scams related to COVID-19. (c) Commission Defined.--In this section, the term ``Commission'' means the Federal Trade Commission. - \ No newline at end of file + +SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives November 17, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6435 + +_______________________________________________________________________ + + AN ACT + + To direct the Federal Trade Commission to develop and disseminate + information to the public about scams related to COVID-19, and for + other purposes. From c39267dc56b45128739ac47ee53f06481f941927 Mon Sep 17 00:00:00 2001 From: "Rep. Carter, Earl L. Buddy [R-GA-1]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 592/984] House-6435: Enrolled --- bills_text/House-6435.txt | 106 +++++++++++++++++--------------------- 1 file changed, 46 insertions(+), 60 deletions(-) diff --git a/bills_text/House-6435.txt b/bills_text/House-6435.txt index ee04441..60bfdad 100644 --- a/bills_text/House-6435.txt +++ b/bills_text/House-6435.txt @@ -1,58 +1,60 @@ -116th CONGRESS - 2d Session - H. R. 6435 + H.R.6435 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To direct the Federal Trade Commission to develop and disseminate - information to the public about scams related to COVID-19, and for - other purposes. +information to the public about scams related to COVID-19, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Combating Pandemic Scams Act of 2020''. - SEC. 2. INFORMATION ABOUT SCAMS RELATED TO COVID-19. - (a) Dissemination of Information.-- - (1) In general.--As expeditiously as possible after the - date of the enactment of this Act, the Commission, in - consultation with the Attorney General, the Secretary of Health - and Human Services, the Postmaster General, the Chief Postal - Inspector, and the Internet Crime Complaint Center, shall - develop and disseminate information to the public about scams - related to the novel coronavirus (COVID-19). - (2) Requirements.--In carrying out paragraph (1), the - Commission shall-- - (A) include-- - (i) information regarding mail, - telemarketing, and internet fraud and illegal - robocalls related to COVID-19 that identifies - the most common scams; and - (ii) information regarding where and how to - report instances of scams related to COVID-19, - including instructions on how to file a - complaint with the appropriate law enforcement - agency; - (B) disseminate information under such paragraph in - a manner that prioritizes, and that is easily - accessible by and user-friendly to, senior citizens and - people with infirmities and disabilities; - (C) disseminate information under such paragraph on - an internet website of the Commission that serves as a - source of information for the public about scams - related to COVID-19; and - (D) regularly update the information developed and - disseminated under such paragraph to keep pace with the - changing nature of scams related to COVID-19. + (1) In general.--As expeditiously as possible after the date of + the enactment of this Act, the Commission, in consultation with the + Attorney General, the Secretary of Health and Human Services, the + Postmaster General, the Chief Postal Inspector, and the Internet + Crime Complaint Center, shall develop and disseminate information + to the public about scams related to the novel coronavirus (COVID- + 19). + (2) Requirements.--In carrying out paragraph (1), the + Commission shall-- + (A) include-- + (i) information regarding mail, telemarketing, and + internet fraud and illegal robocalls related to COVID-19 + that identifies the most common scams; and + (ii) information regarding where and how to report + instances of scams related to COVID-19, including + instructions on how to file a complaint with the + appropriate law enforcement agency; + (B) disseminate information under such paragraph in a + manner that prioritizes, and that is easily accessible by and + user-friendly to, senior citizens and people with infirmities + and disabilities; + (C) disseminate information under such paragraph on an + internet website of the Commission that serves as a source of + information for the public about scams related to COVID-19; and + (D) regularly update the information developed and + disseminated under such paragraph to keep pace with the + changing nature of scams related to COVID-19. (b) Database.--As expeditiously as possible after the date of the enactment of this Act, the Commission shall, in consultation with State law enforcement agencies, the Director of the Bureau of Consumer @@ -63,9 +65,7 @@ Consumer Sentinel Network, that tracks instances of scams related to COVID-19. (c) Commission Defined.--In this section, the term ``Commission'' means the Federal Trade Commission. - SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -73,21 +73,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives November 17, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - H. R. 6435 - -_______________________________________________________________________ - - AN ACT - - To direct the Federal Trade Commission to develop and disseminate - information to the public about scams related to COVID-19, and for - other purposes. + Vice President of the United States and + President of the Senate. From a4decb235eb6606b533afe04880818a16f733239 Mon Sep 17 00:00:00 2001 From: "Rep. Gallego, Ruben [D-AZ-7]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 593/984] House-6535: Introduced to House --- bills_text/House-6535.txt | 57 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 57 insertions(+) create mode 100644 bills_text/House-6535.txt diff --git a/bills_text/House-6535.txt b/bills_text/House-6535.txt new file mode 100644 index 0000000..4279277 --- /dev/null +++ b/bills_text/House-6535.txt @@ -0,0 +1,57 @@ +116th CONGRESS + 2d Session + H. R. 6535 + +To deem an urban Indian organization and employees thereof to be a part + of the Public Health Service for the purposes of certain claims for + personal injury, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + April 17, 2020 + +Mr. Gallego (for himself and Mr. Mullin) introduced the following bill; + which was referred to the Committee on Natural Resources, and in + addition to the Committees on Energy and Commerce, and the Judiciary, +for a period to be subsequently determined by the Speaker, in each case +for consideration of such provisions as fall within the jurisdiction of + the committee concerned + +_______________________________________________________________________ + + A BILL + + + +To deem an urban Indian organization and employees thereof to be a part + of the Public Health Service for the purposes of certain claims for + personal injury, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DEEMING AN URBAN INDIAN ORGANIZATION AND EMPLOYEES THEREOF + TO BE A PART OF THE PUBLIC HEALTH SERVICE FOR THE + PURPOSES OF CERTAIN CLAIMS FOR PERSONAL INJURY. + + Title V of the Indian Health Care Improvement Act (25 U.S.C. 1651) +is amended by adding at the end the following: + +``SEC. 519. DEEMING AN URBAN INDIAN ORGANIZATION AND EMPLOYEES THEREOF + TO BE A PART OF THE PUBLIC HEALTH SERVICE FOR THE + PURPOSES OF CERTAIN CLAIMS FOR PERSONAL INJURY. + + ``Section 102(d) of the Indian Self-Determination and Education +Assistance Act shall apply-- + ``(1) to an Urban Indian organization to the same extent + and in the same manner as such section applies to an Indian + tribe, a tribal organization, and an Indian contractor; and + ``(2) to the employees of an Urban Indian organization to + the same extent and in the same manner as such section applies + to employees of an Indian tribe, a tribal organization, or an + Indian contractor.''. + \ No newline at end of file From fbe88edbabf9eec92ca6844dfda5b68972dc81fa Mon Sep 17 00:00:00 2001 From: "Rep. Gallego, Ruben [D-AZ-7]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 594/984] House-6535: Engrossed in House --- bills_text/House-6535.txt | 50 +++++++++++++++++++++++---------------- 1 file changed, 29 insertions(+), 21 deletions(-) diff --git a/bills_text/House-6535.txt b/bills_text/House-6535.txt index 4279277..351b57a 100644 --- a/bills_text/House-6535.txt +++ b/bills_text/House-6535.txt @@ -2,28 +2,9 @@ 2d Session H. R. 6535 -To deem an urban Indian organization and employees thereof to be a part - of the Public Health Service for the purposes of certain claims for - personal injury, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - April 17, 2020 - -Mr. Gallego (for himself and Mr. Mullin) introduced the following bill; - which was referred to the Committee on Natural Resources, and in - addition to the Committees on Energy and Commerce, and the Judiciary, -for a period to be subsequently determined by the Speaker, in each case -for consideration of such provisions as fall within the jurisdiction of - the committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -54,4 +35,31 @@ Assistance Act shall apply-- the same extent and in the same manner as such section applies to employees of an Indian tribe, a tribal organization, or an Indian contractor.''. - \ No newline at end of file + +SEC. 2. DETERMINATION OF BUDGETARY EFFECTS. + + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + Passed the House of Representatives December 17, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 6535 + +_______________________________________________________________________ + + AN ACT + +To deem an urban Indian organization and employees thereof to be a part + of the Public Health Service for the purposes of certain claims for + personal injury, and for other purposes. From 6e60c4be37b6b7f232636668677281453fc2b9a9 Mon Sep 17 00:00:00 2001 From: "Rep. Gallego, Ruben [D-AZ-7]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 595/984] House-6535: Received in Senate --- bills_text/House-6535.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-6535.txt b/bills_text/House-6535.txt index 351b57a..19a9521 100644 --- a/bills_text/House-6535.txt +++ b/bills_text/House-6535.txt @@ -2,6 +2,16 @@ 2d Session H. R. 6535 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 18, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -49,17 +59,6 @@ such statement has been submitted prior to the vote on passage. Attest: - Clerk. -116th CONGRESS - - 2d Session - - H. R. 6535 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, -To deem an urban Indian organization and employees thereof to be a part - of the Public Health Service for the purposes of certain claims for - personal injury, and for other purposes. + Clerk. From da1a993fec39db0645cae45123f35bac91ef8e6c Mon Sep 17 00:00:00 2001 From: "Rep. Gallego, Ruben [D-AZ-7]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 596/984] House-6535: Enrolled --- bills_text/House-6535.txt | 56 ++++++++++++++++----------------------- 1 file changed, 23 insertions(+), 33 deletions(-) diff --git a/bills_text/House-6535.txt b/bills_text/House-6535.txt index 19a9521..9bf7c58 100644 --- a/bills_text/House-6535.txt +++ b/bills_text/House-6535.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 2d Session - H. R. 6535 + H.R.6535 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 18, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act @@ -24,30 +23,24 @@ To deem an urban Indian organization and employees thereof to be a part Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DEEMING AN URBAN INDIAN ORGANIZATION AND EMPLOYEES THEREOF - TO BE A PART OF THE PUBLIC HEALTH SERVICE FOR THE - PURPOSES OF CERTAIN CLAIMS FOR PERSONAL INJURY. - +TO BE A PART OF THE PUBLIC HEALTH SERVICE FOR THE PURPOSES OF CERTAIN +CLAIMS FOR PERSONAL INJURY. Title V of the Indian Health Care Improvement Act (25 U.S.C. 1651) is amended by adding at the end the following: - -``SEC. 519. DEEMING AN URBAN INDIAN ORGANIZATION AND EMPLOYEES THEREOF - TO BE A PART OF THE PUBLIC HEALTH SERVICE FOR THE - PURPOSES OF CERTAIN CLAIMS FOR PERSONAL INJURY. - + ``SEC. 519. DEEMING AN URBAN INDIAN ORGANIZATION AND EMPLOYEES + THEREOF TO BE A PART OF THE PUBLIC HEALTH SERVICE FOR THE + PURPOSES OF CERTAIN CLAIMS FOR PERSONAL INJURY. ``Section 102(d) of the Indian Self-Determination and Education Assistance Act shall apply-- - ``(1) to an Urban Indian organization to the same extent - and in the same manner as such section applies to an Indian - tribe, a tribal organization, and an Indian contractor; and - ``(2) to the employees of an Urban Indian organization to - the same extent and in the same manner as such section applies - to employees of an Indian tribe, a tribal organization, or an - Indian contractor.''. - + ``(1) to an Urban Indian organization to the same extent and in + the same manner as such section applies to an Indian tribe, a + tribal organization, and an Indian contractor; and + ``(2) to the employees of an Urban Indian organization to the + same extent and in the same manner as such section applies to + employees of an Indian tribe, a tribal organization, or an Indian + contractor.''. SEC. 2. DETERMINATION OF BUDGETARY EFFECTS. - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -55,10 +48,7 @@ Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. - Passed the House of Representatives December 17, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 135e57a4a6fff3d597b984cfd4ad374916646028 Mon Sep 17 00:00:00 2001 From: "Rep. Phillips, Dean [D-MN-3]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 597/984] House-7010: Introduced to House --- bills_text/House-7010.txt | 116 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 116 insertions(+) create mode 100644 bills_text/House-7010.txt diff --git a/bills_text/House-7010.txt b/bills_text/House-7010.txt new file mode 100644 index 0000000..5be7c6e --- /dev/null +++ b/bills_text/House-7010.txt @@ -0,0 +1,116 @@ +116th CONGRESS + 2d Session + H. R. 7010 + + To amend the Small Business Act and the CARES Act to modify certain + provisions related to the forgiveness of loans under the paycheck + protection program, to allow recipients of loan forgiveness under the + paycheck protection program to defer payroll taxes, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + May 26, 2020 + + Mr. Phillips (for himself, Mr. Roy, Mr. Upton, Mr. Fitzpatrick, Mr. + Rouda, Mr. Harris, Mr. Kildee, Ms. Schrier, Mr. Welch, Mr. Brindisi, + Mr. Pappas, Mrs. Walorski, Ms. Meng, Mr. Joyce of Ohio, Ms. Torres + Small of New Mexico, Mr. Bergman, Mr. Schweikert, Mr. LaMalfa, Mr. +Krishnamoorthi, Mr. Bera, Ms. Herrera Beutler, Mr. Van Drew, Miss Rice + of New York, Mr. Dunn, Mr. O'Halleran, Ms. Castor of Florida, Mr. +Deutch, Ms. Stefanik, Mr. Ryan, Ms. McCollum, Mr. Courtney, Mr. Kilmer, + Mr. Joyce of Pennsylvania, Mr. Wright, Mr. King of New York, and Mr. + Curtis) introduced the following bill; which was referred to the + Committee on Small Business, and in addition to the Committee on Ways + and Means, for a period to be subsequently determined by the Speaker, + in each case for consideration of such provisions as fall within the + jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + + To amend the Small Business Act and the CARES Act to modify certain + provisions related to the forgiveness of loans under the paycheck + protection program, to allow recipients of loan forgiveness under the + paycheck protection program to defer payroll taxes, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Paycheck Protection Program +Flexibility Act of 2020''. + +SEC. 2. MATURITY FOR LOANS WITH REMAINING BALANCE AFTER APPLICATION OF + FORGIVENESS. + + Section 7(a)(36)(K)(ii) of the Small Business Act (15 U.S.C. +636(a)(36)) is amended by inserting ``minimum maturity of 5 years and +a'' before ``maximum maturity''. + +SEC. 3. AMENDMENTS TO PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS. + + (a) Extension of Covered Period.--Section 7(a)(36)(A)(iii) of the +Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by +striking ``June 30, 2020'' and inserting ``December 31, 2020''. + (b) Forgiveness.--Section 1106 of the CARES Act (Public Law 116- +136) is amended-- + (1) in subsection (a), by striking paragraph (3) and + inserting the following: + ``(3) the term `covered period' means, subject to + subsection (l), the period beginning on the date of the + origination of a covered loan and ending the earlier of-- + ``(A) the date that is 24 weeks after such date of + origination; or + ``(B) December 31, 2020;''; + (2) in subsection (d)-- + (A) in paragraph (5)(B), by striking ``June 30, + 2020'' each place it appears and inserting ``December + 31, 2020''; and + (B) by adding at the end the following new + paragraphs: + ``(7) Exemption based on employee availability.--During the + period beginning on February 15, 2020, and ending on December + 31, 2020, the amount of loan forgiveness under this section + shall be determined without regard to a reduction in the number + of full-time equivalent employees if an eligible recipient-- + ``(A) is unable to rehire an individual who was an + employee of the eligible recipient on or before + February 15, 2020; + ``(B) is able to demonstrate an inability to hire + similarly qualified employees on or before December 31, + 2020; or + ``(C) is able to demonstrate an inability to return + to the same level of business activity as such business + was operating at prior to February 15, 2020. + ``(8) No limitations.--In carrying out this section, the + Administrator may not limit the non-payroll portion of a + forgivable covered loan amount.''; and + (3) by adding at the end the following new subsection: + ``(l) Application to Certain Eligible Recipients.--An eligible +recipient that received a covered loan before the date of enactment of +this subsection may elect for the covered period applicable to such +covered loan to end on the date that is 8 weeks after the date of the +origination of such covered loan.''. + +SEC. 4. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES. + + Section 2302(a) of the CARES Act (Public Law 116-136) is amended by +striking paragraph (3). + +SEC. 5. EFFECTIVE DATE; APPLICABILITY. + + The amendments made by this Act shall be effective as if included +in the CARES Act (Public Law 116-136) and shall apply to any loan made +pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. +636(a)(36)) or section 1109 of the CARES Act. + \ No newline at end of file From 33befaafed695940995e8be2f15f9d4157b0f6ab Mon Sep 17 00:00:00 2001 From: "Rep. Phillips, Dean [D-MN-3]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 598/984] House-7010: Engrossed in House --- bills_text/House-7010.txt | 165 +++++++++++++++++++++++++------------- 1 file changed, 111 insertions(+), 54 deletions(-) diff --git a/bills_text/House-7010.txt b/bills_text/House-7010.txt index 5be7c6e..d79d32e 100644 --- a/bills_text/House-7010.txt +++ b/bills_text/House-7010.txt @@ -2,37 +2,9 @@ 2d Session H. R. 7010 - To amend the Small Business Act and the CARES Act to modify certain - provisions related to the forgiveness of loans under the paycheck - protection program, to allow recipients of loan forgiveness under the - paycheck protection program to defer payroll taxes, and for other - purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - May 26, 2020 - - Mr. Phillips (for himself, Mr. Roy, Mr. Upton, Mr. Fitzpatrick, Mr. - Rouda, Mr. Harris, Mr. Kildee, Ms. Schrier, Mr. Welch, Mr. Brindisi, - Mr. Pappas, Mrs. Walorski, Ms. Meng, Mr. Joyce of Ohio, Ms. Torres - Small of New Mexico, Mr. Bergman, Mr. Schweikert, Mr. LaMalfa, Mr. -Krishnamoorthi, Mr. Bera, Ms. Herrera Beutler, Mr. Van Drew, Miss Rice - of New York, Mr. Dunn, Mr. O'Halleran, Ms. Castor of Florida, Mr. -Deutch, Ms. Stefanik, Mr. Ryan, Ms. McCollum, Mr. Courtney, Mr. Kilmer, - Mr. Joyce of Pennsylvania, Mr. Wright, Mr. King of New York, and Mr. - Curtis) introduced the following bill; which was referred to the - Committee on Small Business, and in addition to the Committee on Ways - and Means, for a period to be subsequently determined by the Speaker, - in each case for consideration of such provisions as fall within the - jurisdiction of the committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -53,9 +25,19 @@ Flexibility Act of 2020''. SEC. 2. MATURITY FOR LOANS WITH REMAINING BALANCE AFTER APPLICATION OF FORGIVENESS. - Section 7(a)(36)(K)(ii) of the Small Business Act (15 U.S.C. -636(a)(36)) is amended by inserting ``minimum maturity of 5 years and -a'' before ``maximum maturity''. + (a) In General.--Section 7(a)(36)(K)(ii) of the Small Business Act +(15 U.S.C. 636(a)(36)) is amended by inserting ``minimum maturity of 5 +years and a'' before ``maximum maturity''. + (b) Effective Date; Applicability.--The amendment made by this +section shall take effect on the date of the enactment of this Act and +shall apply to any loan made pursuant to section 7(a)(36) of the Small +Business Act (15 U.S.C. 636(a)(36)) on or after such date. Nothing in +this Act, the CARES Act (Public Law 116-136), or the Paycheck +Protection Program and Health Care Enhancement Act (Public Law 116-139) +shall be construed to prohibit lenders and borrowers from mutually +agreeing to modify the maturity terms of a covered loan described in +subparagraph (K) of such section to conform with requirements of this +section. SEC. 3. AMENDMENTS TO PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS. @@ -81,36 +63,111 @@ striking ``June 30, 2020'' and inserting ``December 31, 2020''. ``(7) Exemption based on employee availability.--During the period beginning on February 15, 2020, and ending on December 31, 2020, the amount of loan forgiveness under this section - shall be determined without regard to a reduction in the number - of full-time equivalent employees if an eligible recipient-- - ``(A) is unable to rehire an individual who was an - employee of the eligible recipient on or before - February 15, 2020; - ``(B) is able to demonstrate an inability to hire - similarly qualified employees on or before December 31, - 2020; or - ``(C) is able to demonstrate an inability to return - to the same level of business activity as such business - was operating at prior to February 15, 2020. - ``(8) No limitations.--In carrying out this section, the - Administrator may not limit the non-payroll portion of a - forgivable covered loan amount.''; and + shall be determined without regard to a proportional reduction + in the number of full-time equivalent employees if an eligible + recipient, in good faith-- + ``(A) is able to document-- + ``(i) an inability to rehire individuals + who were employees of the eligible recipient on + February 15, 2020; and + ``(ii) an inability to hire similarly + qualified employees for unfilled positions on + or before December 31, 2020; or + ``(B) is able to document an inability to return to + the same level of business activity as such business + was operating at before February 15, 2020, due to + compliance with requirements established or guidance + issued by the Secretary of Health and Human Services, + the Director of the Centers for Disease Control and + Prevention, or the Occupational Safety and Health + Administration during the period beginning on March 1, + 2020, and ending December 31, 2020, related to the + maintenance of standards for sanitation, social + distancing, or any other worker or customer safety + requirement related to COVID-19. + ``(8) Limitation on forgiveness.--To receive loan + forgiveness under this section, an eligible recipient shall use + at least 60 percent of the covered loan amount for payroll + costs, and may use up to 40 percent of such amount for any + payment of interest on any covered mortgage obligation (which + shall not include any prepayment of or payment of principal on + a covered mortgage obligation), any payment on any covered rent + obligation, or any covered utility payment.''; and (3) by adding at the end the following new subsection: ``(l) Application to Certain Eligible Recipients.--An eligible recipient that received a covered loan before the date of enactment of this subsection may elect for the covered period applicable to such covered loan to end on the date that is 8 weeks after the date of the origination of such covered loan.''. + (c) Extension of Deferral Period.--Section 7(a)(36)(M) of the Small +Business Act (15 U.S.C. 636(a)(36)(M)) is amended-- + (1) in clause (ii)(II), by striking ``for a period of not + less than 6 months, including payment of principal, interest, + and fees, and not more than 1 year.'' and inserting the + following: ``, including payment of principal, interest, and + fees, until the date on which the amount of forgiveness + determined under section 1106 of the CARES Act is remitted to + the lender.''; + (2) in clause (iii), by striking ``for a period of not less + than 6 months, including payment of principal, interest, and + fees, and not more than 1 year.'' and inserting the following: + ``, including payment of principal, interest, and fees, until + the date on which the amount of forgiveness determined under + section 1106 of the CARES Act is remitted to the lender.''; and + (3) by adding at the end the following new clause: + ``(v) Rule of construction.--If an eligible + recipient fails to apply for forgiveness of a + covered loan within 10 months after the last + day of the covered period defined in section + 1106(a) of the CARES Act, such eligible + recipient shall make payments of principal, + interest, and fees on such covered loan + beginning on the day that is not earlier than + the date that is 10 months after the last day + of such covered period.''. + (d) Effective Date; Applicability.--The amendments made by this +section shall be effective as if included in the CARES Act (Public Law +116-136) and shall apply to any loan made pursuant to section 7(a)(36) +of the Small Business Act (15 U.S.C. 636(a)(36)) or section 1109 of the +CARES Act. SEC. 4. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES. - Section 2302(a) of the CARES Act (Public Law 116-136) is amended by -striking paragraph (3). + (a) In General.--Section 2302(a) of the CARES Act (Public Law 116- +136) is amended by striking paragraph (3). + (b) Effective Date; Applicability.--The amendments made by this +section shall be effective as if included in the CARES Act (Public Law +116-136) and shall apply to any loan made pursuant to section 7(a)(36) +of the Small Business Act (15 U.S.C. 636(a)(36)) or section 1109 of the +CARES Act. + +SEC. 5. EMERGENCY DESIGNATION. + + (a) In General.--This Act is designated as an emergency requirement +pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 +U.S.C. 933(g)). + (b) Designation in Senate.--In the Senate, this Act is designated +as an emergency requirement pursuant to section 4112(a) of H. Con. Res. +71 (115th Congress), the concurrent resolution on the budget for fiscal +year 2018. -SEC. 5. EFFECTIVE DATE; APPLICABILITY. + Passed the House of Representatives May 28, 2020. - The amendments made by this Act shall be effective as if included -in the CARES Act (Public Law 116-136) and shall apply to any loan made -pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. -636(a)(36)) or section 1109 of the CARES Act. - \ No newline at end of file + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7010 + +_______________________________________________________________________ + + AN ACT + + To amend the Small Business Act and the CARES Act to modify certain + provisions related to the forgiveness of loans under the paycheck + protection program, to allow recipients of loan forgiveness under the + paycheck protection program to defer payroll taxes, and for other + purposes. From 3258cef6663f8bcd9ce219b42694a91130c85db3 Mon Sep 17 00:00:00 2001 From: "Rep. Phillips, Dean [D-MN-3]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 599/984] House-7010: Received in Senate --- bills_text/House-7010.txt | 27 ++++++++++++--------------- 1 file changed, 12 insertions(+), 15 deletions(-) diff --git a/bills_text/House-7010.txt b/bills_text/House-7010.txt index d79d32e..1dfc0e3 100644 --- a/bills_text/House-7010.txt +++ b/bills_text/House-7010.txt @@ -2,6 +2,16 @@ 2d Session H. R. 7010 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 1, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -155,19 +165,6 @@ year 2018. Attest: - Clerk. -116th CONGRESS - - 2d Session - - H. R. 7010 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To amend the Small Business Act and the CARES Act to modify certain - provisions related to the forgiveness of loans under the paycheck - protection program, to allow recipients of loan forgiveness under the - paycheck protection program to defer payroll taxes, and for other - purposes. + Clerk. From b4edb91ce1837e3bc489771d1532e7206eb6b13d Mon Sep 17 00:00:00 2001 From: "Rep. Phillips, Dean [D-MN-3]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 600/984] House-7010: Enrolled --- bills_text/House-7010.txt | 177 +++++++++++++++++--------------------- 1 file changed, 78 insertions(+), 99 deletions(-) diff --git a/bills_text/House-7010.txt b/bills_text/House-7010.txt index 1dfc0e3..5bdc01d 100644 --- a/bills_text/House-7010.txt +++ b/bills_text/House-7010.txt @@ -1,20 +1,19 @@ -116th CONGRESS - 2d Session - H. R. 7010 + H.R.7010 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - June 1, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act @@ -22,19 +21,15 @@ _______________________________________________________________________ provisions related to the forgiveness of loans under the paycheck protection program, to allow recipients of loan forgiveness under the paycheck protection program to defer payroll taxes, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Paycheck Protection Program Flexibility Act of 2020''. - SEC. 2. MATURITY FOR LOANS WITH REMAINING BALANCE AFTER APPLICATION OF - FORGIVENESS. - +FORGIVENESS. (a) In General.--Section 7(a)(36)(K)(ii) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended by inserting ``minimum maturity of 5 years and a'' before ``maximum maturity''. @@ -48,62 +43,56 @@ shall be construed to prohibit lenders and borrowers from mutually agreeing to modify the maturity terms of a covered loan described in subparagraph (K) of such section to conform with requirements of this section. - SEC. 3. AMENDMENTS TO PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS. - (a) Extension of Covered Period.--Section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``June 30, 2020'' and inserting ``December 31, 2020''. (b) Forgiveness.--Section 1106 of the CARES Act (Public Law 116- 136) is amended-- - (1) in subsection (a), by striking paragraph (3) and - inserting the following: - ``(3) the term `covered period' means, subject to - subsection (l), the period beginning on the date of the - origination of a covered loan and ending the earlier of-- - ``(A) the date that is 24 weeks after such date of - origination; or - ``(B) December 31, 2020;''; - (2) in subsection (d)-- - (A) in paragraph (5)(B), by striking ``June 30, - 2020'' each place it appears and inserting ``December - 31, 2020''; and - (B) by adding at the end the following new - paragraphs: - ``(7) Exemption based on employee availability.--During the - period beginning on February 15, 2020, and ending on December - 31, 2020, the amount of loan forgiveness under this section - shall be determined without regard to a proportional reduction - in the number of full-time equivalent employees if an eligible - recipient, in good faith-- - ``(A) is able to document-- - ``(i) an inability to rehire individuals - who were employees of the eligible recipient on - February 15, 2020; and - ``(ii) an inability to hire similarly - qualified employees for unfilled positions on - or before December 31, 2020; or - ``(B) is able to document an inability to return to - the same level of business activity as such business - was operating at before February 15, 2020, due to - compliance with requirements established or guidance - issued by the Secretary of Health and Human Services, - the Director of the Centers for Disease Control and - Prevention, or the Occupational Safety and Health - Administration during the period beginning on March 1, - 2020, and ending December 31, 2020, related to the - maintenance of standards for sanitation, social - distancing, or any other worker or customer safety - requirement related to COVID-19. - ``(8) Limitation on forgiveness.--To receive loan - forgiveness under this section, an eligible recipient shall use - at least 60 percent of the covered loan amount for payroll - costs, and may use up to 40 percent of such amount for any - payment of interest on any covered mortgage obligation (which - shall not include any prepayment of or payment of principal on - a covered mortgage obligation), any payment on any covered rent - obligation, or any covered utility payment.''; and - (3) by adding at the end the following new subsection: + (1) in subsection (a), by striking paragraph (3) and inserting + the following: + ``(3) the term `covered period' means, subject to subsection + (l), the period beginning on the date of the origination of a + covered loan and ending the earlier of-- + ``(A) the date that is 24 weeks after such date of + origination; or + ``(B) December 31, 2020;''; + (2) in subsection (d)-- + (A) in paragraph (5)(B), by striking ``June 30, 2020'' each + place it appears and inserting ``December 31, 2020''; and + (B) by adding at the end the following new paragraphs: + ``(7) Exemption based on employee availability.--During the + period beginning on February 15, 2020, and ending on December 31, + 2020, the amount of loan forgiveness under this section shall be + determined without regard to a proportional reduction in the number + of full-time equivalent employees if an eligible recipient, in good + faith-- + ``(A) is able to document-- + ``(i) an inability to rehire individuals who were + employees of the eligible recipient on February 15, 2020; + and + ``(ii) an inability to hire similarly qualified + employees for unfilled positions on or before December 31, + 2020; or + ``(B) is able to document an inability to return to the + same level of business activity as such business was operating + at before February 15, 2020, due to compliance with + requirements established or guidance issued by the Secretary of + Health and Human Services, the Director of the Centers for + Disease Control and Prevention, or the Occupational Safety and + Health Administration during the period beginning on March 1, + 2020, and ending December 31, 2020, related to the maintenance + of standards for sanitation, social distancing, or any other + worker or customer safety requirement related to COVID-19. + ``(8) Limitation on forgiveness.--To receive loan forgiveness + under this section, an eligible recipient shall use at least 60 + percent of the covered loan amount for payroll costs, and may use + up to 40 percent of such amount for any payment of interest on any + covered mortgage obligation (which shall not include any prepayment + of or payment of principal on a covered mortgage obligation), any + payment on any covered rent obligation, or any covered utility + payment.''; and + (3) by adding at the end the following new subsection: ``(l) Application to Certain Eligible Recipients.--An eligible recipient that received a covered loan before the date of enactment of this subsection may elect for the covered period applicable to such @@ -111,38 +100,33 @@ covered loan to end on the date that is 8 weeks after the date of the origination of such covered loan.''. (c) Extension of Deferral Period.--Section 7(a)(36)(M) of the Small Business Act (15 U.S.C. 636(a)(36)(M)) is amended-- - (1) in clause (ii)(II), by striking ``for a period of not - less than 6 months, including payment of principal, interest, - and fees, and not more than 1 year.'' and inserting the - following: ``, including payment of principal, interest, and - fees, until the date on which the amount of forgiveness - determined under section 1106 of the CARES Act is remitted to - the lender.''; - (2) in clause (iii), by striking ``for a period of not less - than 6 months, including payment of principal, interest, and - fees, and not more than 1 year.'' and inserting the following: - ``, including payment of principal, interest, and fees, until - the date on which the amount of forgiveness determined under - section 1106 of the CARES Act is remitted to the lender.''; and - (3) by adding at the end the following new clause: - ``(v) Rule of construction.--If an eligible - recipient fails to apply for forgiveness of a - covered loan within 10 months after the last - day of the covered period defined in section - 1106(a) of the CARES Act, such eligible - recipient shall make payments of principal, - interest, and fees on such covered loan - beginning on the day that is not earlier than - the date that is 10 months after the last day - of such covered period.''. + (1) in clause (ii)(II), by striking ``for a period of not less + than 6 months, including payment of principal, interest, and fees, + and not more than 1 year.'' and inserting the following: ``, + including payment of principal, interest, and fees, until the date + on which the amount of forgiveness determined under section 1106 of + the CARES Act is remitted to the lender.''; + (2) in clause (iii), by striking ``for a period of not less + than 6 months, including payment of principal, interest, and fees, + and not more than 1 year.'' and inserting the following: ``, + including payment of principal, interest, and fees, until the date + on which the amount of forgiveness determined under section 1106 of + the CARES Act is remitted to the lender.''; and + (3) by adding at the end the following new clause: + ``(v) Rule of construction.--If an eligible recipient + fails to apply for forgiveness of a covered loan within 10 + months after the last day of the covered period defined in + section 1106(a) of the CARES Act, such eligible recipient + shall make payments of principal, interest, and fees on + such covered loan beginning on the day that is not earlier + than the date that is 10 months after the last day of such + covered period.''. (d) Effective Date; Applicability.--The amendments made by this section shall be effective as if included in the CARES Act (Public Law 116-136) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) or section 1109 of the CARES Act. - SEC. 4. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES. - (a) In General.--Section 2302(a) of the CARES Act (Public Law 116- 136) is amended by striking paragraph (3). (b) Effective Date; Applicability.--The amendments made by this @@ -150,9 +134,7 @@ section shall be effective as if included in the CARES Act (Public Law 116-136) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) or section 1109 of the CARES Act. - SEC. 5. EMERGENCY DESIGNATION. - (a) In General.--This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). @@ -161,10 +143,7 @@ as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. - Passed the House of Representatives May 28, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From b5e3533908f55d8eb03eeab3ebeb98b3912882cb Mon Sep 17 00:00:00 2001 From: "Rep. Carter, Earl L. Buddy [R-GA-1]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 601/984] House-7088: Introduced to House --- bills_text/House-7088.txt | 46 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 46 insertions(+) create mode 100644 bills_text/House-7088.txt diff --git a/bills_text/House-7088.txt b/bills_text/House-7088.txt new file mode 100644 index 0000000..8453599 --- /dev/null +++ b/bills_text/House-7088.txt @@ -0,0 +1,46 @@ +116th CONGRESS + 2d Session + H. R. 7088 + + To designate the facility of the United States Postal Service located +at 111 James Street in Reidsville, Georgia, as the ``Senator Jack Hill + Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 4, 2020 + + Mr. Carter of Georgia (for himself, Mr. Bishop of Georgia, Mr. +Ferguson, Mr. Johnson of Georgia, Mr. Lewis, Mrs. McBath, Mr. Woodall, + Mr. Austin Scott of Georgia, Mr. Collins of Georgia, Mr. Hice of +Georgia, Mr. Loudermilk, Mr. Allen, Mr. David Scott of Georgia, and Mr. +Graves of Georgia) introduced the following bill; which was referred to + the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 111 James Street in Reidsville, Georgia, as the ``Senator Jack Hill + Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SENATOR JACK HILL POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 111 James Street in Reidsville, Georgia, shall be known and +designated as the ``Senator Jack Hill Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Senator +Jack Hill Post Office Building''. + \ No newline at end of file From 8f065249dfc9da7158c24147c1826a9b7b905d70 Mon Sep 17 00:00:00 2001 From: "Rep. Carter, Earl L. Buddy [R-GA-1]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 602/984] House-7088: Engrossed in House --- bills_text/House-7088.txt | 41 +++++++++++++++++++-------------------- 1 file changed, 20 insertions(+), 21 deletions(-) diff --git a/bills_text/House-7088.txt b/bills_text/House-7088.txt index 8453599..8847cb1 100644 --- a/bills_text/House-7088.txt +++ b/bills_text/House-7088.txt @@ -2,28 +2,9 @@ 2d Session H. R. 7088 - To designate the facility of the United States Postal Service located -at 111 James Street in Reidsville, Georgia, as the ``Senator Jack Hill - Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 4, 2020 - - Mr. Carter of Georgia (for himself, Mr. Bishop of Georgia, Mr. -Ferguson, Mr. Johnson of Georgia, Mr. Lewis, Mrs. McBath, Mr. Woodall, - Mr. Austin Scott of Georgia, Mr. Collins of Georgia, Mr. Hice of -Georgia, Mr. Loudermilk, Mr. Allen, Mr. David Scott of Georgia, and Mr. -Graves of Georgia) introduced the following bill; which was referred to - the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -43,4 +24,22 @@ designated as the ``Senator Jack Hill Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Senator Jack Hill Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7088 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 111 James Street in Reidsville, Georgia, as the ``Senator Jack Hill + Post Office Building''. From 9f763ecc6052eba5c737401f4f8e5eda71ff0241 Mon Sep 17 00:00:00 2001 From: "Rep. Carter, Earl L. Buddy [R-GA-1]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 603/984] House-7088: Enrolled --- bills_text/House-7088.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-7088.txt b/bills_text/House-7088.txt index 8847cb1..628cc4e 100644 --- a/bills_text/House-7088.txt +++ b/bills_text/House-7088.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 7088 + H.R.7088 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 111 James Street in Reidsville, Georgia, as the ``Senator Jack Hill - Post Office Building''. +To designate the facility of the United States Postal Service located at +111 James Street in Reidsville, Georgia, as the ``Senator Jack Hill Post + Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SENATOR JACK HILL POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 111 James Street in Reidsville, Georgia, shall be known and designated as the ``Senator Jack Hill Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Senator Jack Hill Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 7088 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 111 James Street in Reidsville, Georgia, as the ``Senator Jack Hill - Post Office Building''. + Vice President of the United States and + President of the Senate. From e33cee4930882efeeff4301734273f83d435e6d8 Mon Sep 17 00:00:00 2001 From: "Rep. Levin, Mike [D-CA-49]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 604/984] House-7105: Introduced to House --- bills_text/House-7105.txt | 205 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 205 insertions(+) create mode 100644 bills_text/House-7105.txt diff --git a/bills_text/House-7105.txt b/bills_text/House-7105.txt new file mode 100644 index 0000000..9868479 --- /dev/null +++ b/bills_text/House-7105.txt @@ -0,0 +1,205 @@ +116th CONGRESS + 2d Session + H. R. 7105 + +To provide flexibility for the Secretary of Veterans Affairs in caring +for homeless veterans during a covered public health emergency, and for + other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 4, 2020 + + Mr. Levin of California (for himself, Mr. Bilirakis, Mr. Takano, Mr. + David P. Roe of Tennessee, Mr. Pappas, Mr. Banks, Mr. Bost, Mr. + Bergman, Mr. Cisneros, and Ms. Brownley of California) introduced the + following bill; which was referred to the Committee on Veterans' + Affairs, and in addition to the Committee on the Budget, for a period + to be subsequently determined by the Speaker, in each case for +consideration of such provisions as fall within the jurisdiction of the + committee concerned + +_______________________________________________________________________ + + A BILL + + + +To provide flexibility for the Secretary of Veterans Affairs in caring +for homeless veterans during a covered public health emergency, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Homeless Veterans Coronavirus +Response Act of 2020''. + +SEC. 2. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS IN CARING FOR + HOMELESS VETERANS DURING A COVERED PUBLIC HEALTH + EMERGENCY. + + (a) General Support.-- + (1) Use of funds.--During a covered public health + emergency, the Secretary of Veterans Affairs may use amounts + appropriated or otherwise made available to the Department of + Veterans Affairs to carry out sections 2011, 2012, 2031, and + 2061 of title 38, United States Code, to provide to homeless + veterans and veterans participating in the program carried out + under section 8(o)(19) of the United States Housing Act of 1937 + (42 U.S.C. 1437f(o)(19)) (commonly referred to as ``HUD- + VASH''), as the Secretary determines is needed, the following: + (A) Assistance required for safety and survival + (such as food, shelter, clothing, blankets, and hygiene + items). + (B) Transportation required to support stability + and health (such as for appointments with service + providers, conducting housing searches, and obtaining + food and supplies). + (C) Communications equipment and services (such as + tablets, smartphones, disposable phones, and related + service plans) required to support stability and health + (such as maintaining contact with service providers, + prospective landlords, and family). + (D) Such other assistance as the Secretary + determines is needed. + (2) Homeless veterans on land of the department.-- + (A) Collaboration.--During a covered public health + emergency, to the extent possible, the Secretary may + collaborate with one or more organizations to manage + use of land of the Department for homeless veterans for + living and sleeping. + (B) Elements.--Collaboration under subparagraph (A) + may include the provision by either the Secretary or + the organization of food services and security for + property, buildings, and other facilities owned or + controlled by the Department. + (b) Grant and Per Diem Program.-- + (1) Limits on rates for per diem payments.--Section + 20013(b) of the Coronavirus Aid, Relief, and Economic Security + Act (Public Law 116-136) is amended-- + (A) by redesignating paragraphs (1) and (2) as + subparagraphs (A) and (B), respectively; + (B) in the matter preceding subparagraph (A), as so + redesignated, by inserting ``(1)'' before ``In the + case''; and + (C) by adding at the end the following: + ``(2) If the Secretary waives any limit on grant amounts or rates +for per diem payments under paragraph (1), notwithstanding section +2012(a)(2)(B) of such title, the maximum rate for per diem payments +described in paragraph (1)(B) shall be three times the rate authorized +for State homes for domiciliary care under section 1741 of such +title.''. + (2) Use of per diem payments.--During a covered public + health emergency, a recipient of a grant or an eligible entity + under the grant and per diem program of the Department (in this + subsection referred to as the ``program'') may use per diem + payments under sections 2012 and 2061 of title 38, United + States Code, to provide assistance required for safety and + survival (such as food, shelter, clothing, blankets, and + hygiene items) for-- + (A) homeless veterans; and + (B) formerly homeless veterans residing in a + facility operated wholly or in part by such a recipient + or eligible entity receiving per diem payments under + section 2012 of such title. + (3) Additional transitional housing.-- + (A) In general.--During a covered public health + emergency, under the program, the Secretary may provide + amounts for additional transitional housing beds to + facilitate access to housing and services provided to + homeless veterans. + (B) Notice; competition; period of performance.-- + The Secretary may provide amounts under subparagraph + (A)-- + (i) without notice or competition; and + (ii) for a period of performance determined + by the Secretary. + (4) Inspections and life safety code requirements.-- + (A) In general.--During a covered public health + emergency, the Secretary may waive any requirement + under subsection (b) or (c) of section 2012 of title + 38, United States Code, in order to allow the recipient + of a grant or an eligible entity under the program-- + (i) to quickly identify temporary alternate + sites of care for homeless veterans that are + suitable for habitation; + (ii) to facilitate social distancing or + isolation needs; or + (iii) to facilitate activation or + continuation of a program for which a grant has + been awarded. + (B) Limitation.--The Secretary may waive a + requirement pursuant to the authority provided by + subparagraph (A) with respect to a facility of a + recipient of a grant or an eligible entity under the + program only if the facility meets applicable local + safety requirements, including fire safety + requirements. + (c) Inspection and Life Safety Code Requirements for Therapeutic +Housing.-- + (1) In general.--During a covered public health emergency, + the Secretary may waive any inspection or life safety code + requirement under subsection (c) of section 2032 of title 38, + United States Code-- + (A) to allow quick identification of temporary + alternate sites of care for homeless veterans that are + suitable for habitation; + (B) to facilitate social distancing or isolation + needs; or + (C) to facilitate the operation of housing under + such section. + (2) Limitation.--The Secretary may waive a requirement + pursuant to the authority provided by paragraph (1) with + respect to a residence or facility referred to in such section + 2032 only if the residence or facility, as the case may be, + meets applicable local safety requirements, including fire + safety requirements. + (d) Access to Department of Veterans Affairs Telehealth Services.-- +To the extent practicable, during a covered public health emergency, +the Secretary shall ensure that veterans participating in or receiving +services from a program under chapter 20 of title 38, United States +Code, have access to telehealth services to which such veterans are +eligible under the laws administered by the Secretary, including by +ensuring that telehealth capabilities are available to-- + (1) such veterans; + (2) case managers of the Department of programs for + homeless veterans authorized under such chapter; and + (3) community-based service providers for homeless veterans + receiving funds from the Department through grants or + contracts. + (e) Definitions.--In this section: + (1) Covered public health emergency.--The term ``covered + public health emergency'' means an emergency with respect to + COVID-19 declared by a Federal, State, or local authority. + (2) Homeless veteran; veteran.--The terms ``homeless + veteran'' and ``veteran'' have the meanings given those terms + in section 2002 of title 38, United States Code. + (3) Telehealth.-- + (A) In general.--The term ``telehealth'' means the + use of electronic information and telecommunications + technologies to support and promote long-distance + clinical health care, patient and professional health- + related education, public health, and health + administration. + (B) Technologies.--For purposes of subparagraph + (A), ``telecommunications technologies'' include video + conferencing, the internet, streaming media, and + terrestrial and wireless communications. + +SEC. 3. EMERGENCY DESIGNATIONS. + + (a) In General.--This Act is designated as an emergency requirement +pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 +U.S.C. 933(g)). + (b) Designation in Senate.--In the Senate, this Act is designated +as an emergency requirement pursuant to section 4112(a) of H. Con. Res. +71 (115th Congress), the concurrent resolution on the budget for fiscal +year 2018. + \ No newline at end of file From c76e85f3fd26e68a11349f744196b3bd22aa891d Mon Sep 17 00:00:00 2001 From: "Rep. Levin, Mike [D-CA-49]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 605/984] House-7105: Engrossed in House --- bills_text/House-7105.txt | 1008 +++++++++++++++++++++++++++++++++++-- 1 file changed, 970 insertions(+), 38 deletions(-) diff --git a/bills_text/House-7105.txt b/bills_text/House-7105.txt index 9868479..f693a7c 100644 --- a/bills_text/House-7105.txt +++ b/bills_text/House-7105.txt @@ -2,47 +2,73 @@ 2d Session H. R. 7105 -To provide flexibility for the Secretary of Veterans Affairs in caring -for homeless veterans during a covered public health emergency, and for - other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 4, 2020 - - Mr. Levin of California (for himself, Mr. Bilirakis, Mr. Takano, Mr. - David P. Roe of Tennessee, Mr. Pappas, Mr. Banks, Mr. Bost, Mr. - Bergman, Mr. Cisneros, and Ms. Brownley of California) introduced the - following bill; which was referred to the Committee on Veterans' - Affairs, and in addition to the Committee on the Budget, for a period - to be subsequently determined by the Speaker, in each case for -consideration of such provisions as fall within the jurisdiction of the - committee concerned - _______________________________________________________________________ - A BILL + AN ACT To provide flexibility for the Secretary of Veterans Affairs in caring -for homeless veterans during a covered public health emergency, and for - other purposes. + for homeless veterans during a covered public health emergency, to + direct the Secretary of Veterans Affairs to carry out a retraining + assistance program for unemployed veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, -SECTION 1. SHORT TITLE. +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Dependable +Employment and Living Improvements for Veterans Economic Recovery Act'' +or the ``DELIVER Act''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. + TITLE I--ASSISTANCE FOR HOMELESS VETERANS + +Sec. 101. Flexibility for the Secretary of Veterans Affairs in caring + for homeless veterans during a covered + public health emergency. +Sec. 102. Expansion of eligibility for HUD-VASH. +Sec. 103. Legal services for homeless veterans and veterans at risk for + homelessness. +Sec. 104. Gap analysis of Department of Veterans Affairs Programs that + provide assistance to women veterans who + are homeless. +Sec. 105. Improvements to grants and agreements between the Secretary + of Veterans Affairs and entities that + provide services to homeless veterans. +Sec. 106. Repeal of sunset on authority to carry out program of + referral and counseling services for + veterans at risk for homelessness who are + transitioning from certain institutions. +Sec. 107. Coordination of case management services for veterans + receiving housing vouchers under Tribal + HUD-VASH program. +Sec. 108. Contracting for HUD-VASH case managers. +Sec. 109. Report on HUD-VASH staffing, training, and data systems. + TITLE II--RETRAINING ASSISTANCE FOR VETERANS - This Act may be cited as the ``Homeless Veterans Coronavirus -Response Act of 2020''. +Sec. 201. COVID-19 Veteran Rapid Retraining Assistance Program. +Sec. 202. Access for the Secretaries of Labor and Veterans Affairs to + the Federal directory of new hires. +Sec. 203. Expansion of eligible class of providers of high technology + programs of education for veterans. +Sec. 204. Pilot program for off-base transition training for veterans + and spouses. +Sec. 205. Grants for provision of transition assistance to members of + the Armed Forces after separation, + retirement, or discharge. +Sec. 206. One-year independent assessment of the effectiveness of + Transition Assistance Program. +Sec. 207. Longitudinal study on changes to TAP. +Sec. 208. Department of Veterans Affairs loan fees. -SEC. 2. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS IN CARING FOR - HOMELESS VETERANS DURING A COVERED PUBLIC HEALTH + TITLE I--ASSISTANCE FOR HOMELESS VETERANS + +SEC. 101. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS IN CARING + FOR HOMELESS VETERANS DURING A COVERED PUBLIC HEALTH EMERGENCY. (a) General Support.-- @@ -192,14 +218,920 @@ ensuring that telehealth capabilities are available to-- (A), ``telecommunications technologies'' include video conferencing, the internet, streaming media, and terrestrial and wireless communications. + (f) Emergency Designations.-- + (1) In general.--This section is designated as an emergency + requirement pursuant to section 4(g) of the Statutory Pay-As- + You-Go Act of 2010 (2 U.S.C. 933(g)). + (2) Designation in senate.--In the Senate, this section is + designated as an emergency requirement pursuant to section + 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent + resolution on the budget for fiscal year 2018. + +SEC. 102. EXPANSION OF ELIGIBILITY FOR HUD-VASH. + + (a) HUD Provisions.--Section 8(o)(19) of the United States Housing +Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end +the following new subparagraph: + ``(D) Veteran defined.--In this paragraph, the term + `veteran' has the meaning given that term in section + 2002(b) of title 38, United States Code.''. + (b) VHA Case Managers.--Subsection (b) of section 2003 of title 38, +United States Code, is amended by adding at the end the following: ``In +the case of vouchers provided under the HUD-VASH program under section +8(o)(19) of such Act, for purposes of the preceding sentence, the term +`veteran' shall have the meaning given such term in section 2002(b) of +this title.''. + (c) Annual Report.-- + (1) In general.--Not less frequently than once each year, + the Secretary of Veterans Affairs shall submit to the Committee + on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report on + the homelessness services provided under programs of the + Department of Veterans Affairs, including services under the + program carried out under section 8(o)(19) of the United States + Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred + to as ``HUD-VASH''). + (2) Included information.--Each such annual report shall + include, with respect to the year preceding the submittal of + the report-- + (A) a statement of the number of eligible + individuals who were furnished such homelessness + services; + (B) the number of individuals furnished such + services under each such program, disaggregated by the + number of men who received such services and the number + of women who received such services; and + (C) such other information the Secretary determines + appropriate. + +SEC. 103. LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT RISK FOR + HOMELESSNESS. + + (a) In General.--Chapter 20 of title 38, United States Code, is +amended by inserting after section 2022 the following new section: +``Sec. 2022A. Legal services for homeless veterans and veterans at risk + for homelessness + ``(a) Grants.--Subject to the availability of appropriations +provided for such purpose, the Secretary of Veterans Affairs shall make +grants to eligible entities that provide legal services to homeless +veterans and veterans at risk for homelessness. + ``(b) Criteria.--(1) The Secretary shall-- + ``(A) establish criteria and requirements for grants under + this section, including criteria for entities eligible to + receive such grants; and + ``(B) publish such criteria and requirements in the Federal + Register. + ``(2) In establishing criteria and requirements under paragraph +(1), the Secretary shall-- + ``(A) take into consideration any criteria and requirements + needed with respect to carrying out this section in rural + communities, Tribal lands, and the territories and possessions + of the United States; and + ``(B) consult with organizations that have experience in + providing services to homeless veterans, including veterans + service organizations, the Equal Justice Works AmeriCorps + Veterans Legal Corps, and other organizations the Secretary + determines appropriate. + ``(c) Eligible Entities.--The Secretary may make a grant under this +section to an entity applying for such a grant only if the applicant +for the grant-- + ``(1) is a public or nonprofit private entity with the + capacity (as determined by the Secretary) to effectively + administer a grant under this section; + ``(2) demonstrates that adequate financial support will be + available to carry out the services for which the grant is + sought consistent with the application; + ``(3) agrees to meet the applicable criteria and + requirements established under subsection (b)(1); and + ``(4) has, as determined by the Secretary, demonstrated the + capacity to meet such criteria and requirements. + ``(d) Use of Funds.--Grants under this section shall be used to +provide homeless veterans and veterans at risk for homelessness the +following legal services: + ``(1) Legal services related to housing, including eviction + defense, representation in landlord-tenant cases, and + representation in foreclosure cases. + ``(2) Legal services related to family law, including + assistance in court proceedings for child support, divorce, + estate planning, and family reconciliation. + ``(3) Legal services related to income support, including + assistance in obtaining public benefits. + ``(4) Legal services related to criminal defense, including + defense in matters symptomatic of homelessness, such as + outstanding warrants, fines, and driver's license revocation, + to reduce recidivism and facilitate the overcoming of reentry + obstacles in employment or housing. + ``(5) Legal services related to requests to upgrade the + characterization of a discharge or dismissal of a former member + of the Armed Forces under section 1553 of title 10. + ``(6) Such other legal services as the Secretary determines + appropriate. + ``(e) Funds for Women Veterans.--For any fiscal year, not less than +10 percent of the amount authorized to be appropriated for grants under +this section shall be used to provide legal services described in +subsection (d) to women veterans. + ``(f) Locations.--To the extent practicable, the Secretary shall +make grants under this section to eligible entities in a manner that is +equitably distributed across the geographic regions of the United +States, including with respect to-- + ``(1) rural communities; + ``(2) Tribal lands; + ``(3) Native Americans; and + ``(4) Tribal organizations. + ``(g) Reports.--On a biennial basis, the Secretary shall submit to +the Committees on Veterans' Affairs of the House of Representatives and +the Senate a report on grants under this section. To the extent +feasible, each such report shall include the following with respect to +the year covered by the report: + ``(1) The number of homeless veterans and veterans at risk + for homelessness assisted. + ``(2) A description of the legal services provided. + ``(3) A description of the legal matters addressed. + ``(4) An analysis by the Secretary with respect to the + operational effectiveness and cost-effectiveness of the + services provided.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +2022 the following new item: + +``2022A. Legal services for homeless veterans and veterans at risk for + homelessness.''. + (c) Criteria.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall +establish the criteria and requirements in the Federal Register +pursuant to subsection (b)(1) of section 2022A of title 38, United +States Code, as added by subsection (a). + +SEC. 104. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS THAT + PROVIDE ASSISTANCE TO WOMEN VETERANS WHO ARE HOMELESS. + + (a) In General.--The Secretary of Veterans Affairs shall complete +an analysis of programs of the Department of Veterans Affairs that +provide assistance to women veterans who are homeless or precariously +housed to identify the areas in which such programs are failing to meet +the needs of such women. + (b) Report.--Not later than 270 days after the date of the +enactment of this Act, the Secretary shall submit to the Committee on +Veterans' Affairs of the Senate and the Committee on Veterans' Affairs +of the House of Representatives a report on the analysis completed +under subsection (a). + +SEC. 105. IMPROVEMENTS TO GRANTS AND AGREEMENTS BETWEEN THE SECRETARY + OF VETERANS AFFAIRS AND ENTITIES THAT PROVIDE SERVICES TO + HOMELESS VETERANS. + + (a) Increase in Per Diem Payments.--Subsection (a)(2)(B) of section +2012 of title 38, United States Code, is amended-- + (1) by striking clause (i) and inserting the following: + ``(i) Except as provided in clause (ii) or (iii) and subject to the +availability of appropriations, the Secretary shall determine the rate +under this paragraph, which-- + ``(I) may not-- + ``(aa) be lower than the amount in effect under + this clause as in effect immediately preceding the + enactment of the Dependable Employment and Living + Improvements for Veterans Economic Recovery Act; or + ``(bb) exceed the amount that is 115 percent of the + rate authorized for State homes for domiciliary care + under subsection (a)(1)(A) of section 1741 of this + title, as the Secretary may increase from time to time + under subsection (c) of that section; and + ``(II) may be determined on the basis of locality.''; and + (2) by adding at the end the following new clause: + ``(iii) With respect to a homeless veteran who has care of a minor +dependent while receiving services from the grant recipient or eligible +entity, the daily cost of care shall be the sum of the daily cost of +care determined under subparagraph (A) plus, for each such minor +dependent, an amount that equals 50 percent of such daily cost of +care.''. + (b) Reimbursement of Certain Fees.--Such section is further amended +by adding at the end the following new subsection: + ``(e) Reimbursement of Entities for Certain Fees.--The Secretary +may reimburse the recipient of a grant under section 2011, 2012, 2013, +or 2061 of this title for fees charged to that grant recipient for the +use of the homeless management information system described in section +402 of the McKinney-Vento Homeless Assistance Act (Public Law 100-77; +42 U.S.C. 11630a)-- + ``(1) in amounts the Secretary determines to be reasonable; + and + ``(2) if the Secretary determines that the grant recipient + is unable to obtain information contained in such system + through other means and at no cost to the grant recipient.''. + +SEC. 106. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF + REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK FOR + HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN + INSTITUTIONS. + + Section 2023 of title 38, United States Code, is amended-- + (1) by striking subsection (d); and + (2) by redesignating subsection (e) as subsection (d). + +SEC. 107. COORDINATION OF CASE MANAGEMENT SERVICES FOR VETERANS + RECEIVING HOUSING VOUCHERS UNDER TRIBAL HUD-VASH PROGRAM. + + Section 2003 of title 38, United States Code, is amended by adding +at the end the following new subsection: + ``(c) MOU on IHS Assistance.--The Secretary may enter into a +memorandum of understanding with the Secretary of Health and Human +Services under which case managers of the Indian Health Service may +provide case management assistance to veterans who receive housing +vouchers under the Tribal HUD-VASH program of the Department of Housing +and Urban Development.''. + +SEC. 108. CONTRACTING FOR HUD-VASH CASE MANAGERS. + + (a) In General.--Section 304 of the Honoring America's Veterans and +Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 38 +U.S.C. 2041 note) is amended-- + (1) in subsection (a)-- + (A) by inserting ``(1)'' before ``The Secretary''; + (B) by adding at the end the following new + paragraphs: + ``(2)(A) Subject to subparagraphs (B) and (C), the director of a +covered medical center shall seek to enter into a contract or agreement +described in paragraph (1). + ``(B) A contract or agreement under subparagraph (A) may require +that a case manager employed by an eligible entity have credentials +equivalent to those of a case manager of the Department. + ``(C) The Secretary may waive the requirement under subparagraph +(A) if the Secretary determines that fulfilling such requirement is +infeasible. If the Secretary grants such a waiver, the Secretary shall +submit, not later than 90 days after granting such waiver, to the +Committees on Veterans' Affairs of the Senate and House of +Representatives, a report containing-- + ``(i) an explanation of that determination; + ``(ii) a plan to increase the number of case managers of + the Department; and + ``(iii) a plan for the covered medical center to increase + use of such vouchers. + ``(D) In this paragraph, the term `covered medical center' means a +medical center of the Department that the Secretary determines-- + ``(i) had more than 15 percent of all vouchers allocated to + that medical center under the program described in paragraph + (1) through the fiscal year preceding such determination go + unused due to a lack of case management services provided by + the Secretary; and + ``(ii) has a case manager position that has been vacant for + at least nine consecutive months immediately preceding the date + of such determination.''; and + (2) in subsection (b)(2)-- + (A) in the matter before subparagraph (A), by + striking ``, including because--'' and inserting a + period; and + (B) by striking subparagraphs (A), (B), and (C). + (b) Effective Date.--The amendments made by this section shall take +effect on the first day of the first fiscal year to begin on or after +the date of the enactment of this Act. + +SEC. 109. REPORT ON HUD-VASH STAFFING, TRAINING, AND DATA SYSTEMS. + + Not later than 180 days after the date of the enactment of this +Act, and every three years thereafter, the Secretary of Veterans +Affairs shall submit to the Committees on Veterans' Affairs of the +House of Representatives and the Senate a report that includes the +following: + (1) An assessment of the hiring needs of the program + carried out under section 8(o)(19) of the United States Housing + Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as + ``HUD-VASH''), including-- + (A) identification of the number of HUD-VASH case + managers as of the date of the report including-- + (i) the total number of vacancies; and + (ii) the vacancies at each medical center + of the Department of Veterans Affairs; + (B) the number of HUD-VASH case managers that the + Secretaries of Veterans Affairs and Housing and Urban + Development determine necessary to meet the needs of + the Department and program; and + (C) the amount of turnover among HUD-VASH case + managers and whether the turnover was planned or + unexpected. + (2) An assessment of how compensation, including + recruitment and retention incentives, for HUD-VASH case + managers affects turnover, and what percentage of retention + compensation is provided to case managers at each medical + center of the Department of Veterans Affairs (compared to other + positions). + (3) A comparison of compensation described in paragraph (2) + with the compensation provided to State, local, and + nongovernmental housing employees at comparable training and + experience levels. + (4) Examples of how the Departments have worked with non- + Federal partners (such as local governments, nongovernmental + organizations, veterans service organizations, and employee + unions) to meet the staffing needs of the HUD-VASH program. + (5) Examples of how medical centers of the Department of + Veterans Affairs with high retention rates for HUD-VASH case + managers have been able to maintain their staffing levels. + + TITLE II--RETRAINING ASSISTANCE FOR VETERANS -SEC. 3. EMERGENCY DESIGNATIONS. +SEC. 201. COVID-19 VETERAN RAPID RETRAINING ASSISTANCE PROGRAM. - (a) In General.--This Act is designated as an emergency requirement -pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 -U.S.C. 933(g)). - (b) Designation in Senate.--In the Senate, this Act is designated -as an emergency requirement pursuant to section 4112(a) of H. Con. Res. -71 (115th Congress), the concurrent resolution on the budget for fiscal -year 2018. - \ No newline at end of file + (a) In General.--The Secretary of Veterans Affairs shall carry out +a program under which the Secretary shall provide up to 12 months of +retraining assistance to an eligible veteran for the pursuit of a +covered program of education. Such retraining assistance shall be in +addition to any other entitlement to educational assistance or benefits +for which a veteran is, or has been, eligible. + (b) Eligible Veterans.-- + (1) In general.--For purposes of this section, the term + ``eligible veteran'' means a veteran who-- + (A) as of the date of the receipt by the Department + of Veterans Affairs of the application for assistance + under this section, is at least 22 years of age but not + more than 66 years of age; + (B) as of such date, is unemployed by reason of the + covered public health emergency, as certified by the + veteran; + (C) as of such date, is not eligible to receive + educational assistance under chapter 30, 31, 32, 33, or + 35 of title 38, United States Code, or chapter 1606 of + title 10, United States Code; + (D) is not enrolled in any Federal or State jobs + program; + (E) is not in receipt of compensation for a + service-connected disability rated totally disabling by + reason of unemployability; and + (F) will not be in receipt of unemployment + compensation (as defined in section 85(b) of the + Internal Revenue Code of 1986), including any cash + benefit received pursuant to subtitle A of title II of + division A of the CARES Act (Public Law 116-136), as of + the first day on which the veteran would receive a + housing stipend payment under this section. + (2) Treatment of veterans who transfer entitlement.--For + purposes of paragraph (1)(C), a veteran who has transferred all + of the veteran's entitlement to educational assistance under + section 3319 of title 38, United States Code, shall be + considered to be a veteran who is not eligible to receive + educational assistance under chapter 33 of such title. + (3) Failure to complete.--A veteran who receives retraining + assistance under this section to pursue a program of education + and who fails to complete the program of education shall not be + eligible to receive additional assistance under this section. + (c) Covered Programs of Education.-- + (1) In general.--For purposes of this section, a covered + program of education is a program of education (as such term is + defined in section 3452(b) of title 38, United States Code) for + training, pursued on a full-time or part-time basis-- + (A) that-- + (i) is approved under chapter 36 of such + title; + (ii) does not lead to a bachelors or + graduate degree; and + (iii) is designed to provide training for a + high-demand occupation, as determined under + paragraph (3); or + (B) that is a high technology program of education + offered by a qualified provider, under the meaning + given such terms in section 116 of the Harry W. Colmery + Veterans Educational Assistance Act of 2017 (Public Law + 115-48; 38 U.S.C. 3001 note). + (2) Accredited programs.--In the case of an accredited + program of education, the program of education shall not be + considered a covered program of education under this section if + the program has received a show cause order from the accreditor + of the program during the five-year period preceding the date + of the enactment of this Act. + (3) Determination of high-demand occupations.-- + (A) Initial implementation.--In carrying out this + section, the Secretary shall use the list of high- + demand occupations compiled by the Commissioner of + Labor Statistics until the final list under + subparagraph (C) is complete. + (B) Study required.--The Secretary of Veterans + Affairs shall enter into an agreement with a federally + funded research and development corporation or another + appropriate non-Department entity for the conduct of a + study to determine which occupations are high-demand + occupations. Such study shall be completed not later + than 90 days after the date of the enactment of this + Act. + (C) Final list.--The Secretary-- + (i) may add or remove occupation from the + list in use pursuant to subparagraph (A) during + the 90-day period following the completion of + the study required by subparagraph (B); + (ii) shall issue a final list of high- + demand occupations for use under this section + by not later than 90 days after the date of the + completion of the study; and + (iii) shall make such final list publicly + available on a website of the Department. + (D) Use of list.--The Secretary shall use the list + developed under this paragraph in order to apply the + requirement that retraining assistance under this + section is used for training for a high-demand + occupation, but the Secretary may remove occupations + from the list as the Secretary determines appropriate. + (4) Full-time defined.--For purposes of this subsection, + the term ``full-time'' has the meaning given such term under + section 3688 of title 38, United States Code. + (d) Amount of Assistance.-- + (1) Retraining assistance.--The Secretary of Veterans + Affairs shall provide to an eligible veteran pursuing a covered + program of education under the retraining assistance program + under this section an amount equal to the amount of educational + assistance payable under section 3313(c)(1)(A) of title 38, + United States Code, for each month the veteran pursues the + covered program of education. Such amount shall be payable + directly to the educational institution offering the covered + program of education pursued by the veteran as follows: + (A) 50 percent of the total amount payable shall be + paid when the eligible veteran begins the program of + education. + (B) 25 percent of the total amount payable shall be + paid when the eligible veteran completes the program of + education. + (C) 25 percent of the total amount payable shall be + paid when the eligible veteran finds employment in a + field related to the program of education. + (2) Failure to complete.-- + (A) Pro-rated payments.--In the case of a veteran + who pursues a covered program of education under the + retraining assistance program under this section, but + who does not complete the program of education, the + Secretary shall pay to the educational institution + offering such program of education a pro-rated amount + based on the number of months the veteran pursued the + program of education in accordance with this paragraph. + (B) Payment otherwise due upon completion of + program.--The Secretary shall pay to the educational + institution a pro-rated amount under paragraph (1)(B) + when the veteran provides notice to the educational + institution that the veteran no longer intends to + pursue the program of education. + (C) Nonrecovery from veteran.--In the case of a + veteran referred to in subparagraph (A), the + educational institution may not seek payment from the + veteran for any amount that would have been payable + under paragraph (1)(B) had the veteran completed the + program of education. + (D) Payment due upon employment.-- + (i) Veterans who find employment.--In the + case of a veteran referred to in subparagraph + (A) who finds employment in a field related to + the program of education during the 180-day + period beginning on the date on which the + veteran withdraws from the program of + education, the Secretary shall pay to the + educational institution a pro-rated amount + under paragraph (1)(C) when the veteran finds + such employment. + (ii) Veterans who do not find employment.-- + In the case of a veteran referred to in + subparagraph (A) who does not find employment + in a field related to the program of education + during the 180-day period beginning on the date + on which the veteran withdraws from the program + of education-- + (I) the Secretary shall not make a + payment to the educational institution + under paragraph (1)(C); and + (II) the educational institution + may not seek payment from the veteran + for any amount that would have been + payable under paragraph (1)(C) had the + veteran found employment during such + 180-day period. + (3) Housing stipend.--For each month that an eligible + veteran pursues a covered program of education under the + retraining assistance program under this section, the Secretary + shall pay to the veteran a monthly housing stipend in an amount + equal to-- + (A) in the case of a covered program of education + leading to a degree, or a covered program of education + not leading to a degree, at an institution of higher + learning (as that term is defined in section 3452(f) of + title 38, United States Code) pursued on more than a + half-time basis, the amount specified under subsection + (c)(1)(B) of section 3313 of title 38, United States + Code; + (B) in the case of a covered program of education + other than a program of education leading to a degree + at an institution other than an institution of higher + learning pursued on more than a half-time basis, the + amount specified under subsection (g)(3)(A)(ii) of such + section; or + (C) in the case of a covered program of education + pursued on less than a half-time basis, or a covered + program of education pursued solely through distance + learning on more than a half-time basis, the amount + specified under subsection (c)(1)(B)(iii) of such + section. + (4) Failure to find employment.--The Secretary shall not + make a payment under paragraph (1)(C) with respect to an + eligible veteran who completes or fails to complete a program + of education under the retraining assistance program under this + section if the veteran fails to find employment in a field + related to the program of education within the 180-period + beginning on the date on which the veteran withdraws from or + completes the program. + (e) No Transferability.--Retraining assistance provided under this +section may not be transferred to another individual. + (f) Employment Assistance.-- + (1) In general.--The Secretary of Labor shall contact each + veteran who pursues a covered program of education under this + section-- + (A) not later than 30 days after the date on which + the veteran begins the program of education to notify + the veteran of the availability of employment placement + services upon completion of the program; and + (B) not later than 14 days after the date on which + the veteran completes, or terminates participation in, + such program to facilitate the provision of employment + placement services to such veteran. + (2) Provision of information.--The Secretary of Veterans + Affairs shall provide to the Secretary of Labor such + information as may be necessary to carry out paragraph (1). + (g) Nonprofit Organization.-- + (1) In general.--The Secretary of Veterans Affairs shall + seek to enter into a memorandum of understanding with one or + more qualified nonprofit organizations for the purpose of + facilitating the employment of veterans who participate in the + retraining assistance program under this section. + (2) Qualified nonprofit organization.--For purposes of this + subsection, a qualified nonprofit organization is a nonprofit + organization that-- + (A) is an association of businesses; and + (B) has at least two years of experience providing + job placement services for veterans. + (h) Follow up Outreach.--The Secretary of Veterans Affairs, in +coordination with the Secretary of Labor shall contact each veteran who +completes a covered program of education under the retraining +assistance program under this section 30, 60, 90, and 180 days after +the veteran completes such program of education to ask the veteran +about the experience of the veteran in the retraining assistance +program and the veteran's employment status. + (i) Quarterly Reports.--Not later than the date that is one year +after the date of the enactment of this Act, and quarterly thereafter, +the Secretary of Labor shall submit to the Committees on Veterans' +Affairs of the Senate and House of Representatives a report containing +the following information about veterans who participate in the +retraining assistance program under this section: + (1) The percentage of such veterans who found employment + before the end of the second calendar quarter after exiting the + program. + (2) The percentage of such veterans who found employment + before the end of the fourth calendar quarter after exiting the + program. + (3) The median earnings of all such veterans for the second + quarter after exiting the program. + (4) The percentage of such veterans who attain a recognized + postsecondary credential during the 12-month period after + exiting the program. + (j) Limitation.--Not more than 17,250 eligible veterans may receive +retraining assistance under this section. + (k) Termination.--No retraining assistance may be paid under this +section after the date that is 21 months after the date of the +enactment of this Act. + (l) GAO Report.--Not later than 180 days after the termination of +the retraining assistance program under subsection (k), the Comptroller +General shall submit to the Committees on Veterans' Affairs of the +Senate and House of Representatives a report on the outcomes and +effectiveness of the program. + (m) Definitions.--In this section: + (1) The term ``covered public health emergency'' means the + declaration-- + (A) of a public health emergency, based on an + outbreak of COVID-19 by the Secretary of Health and + Human Services under section 319 of the Public Health + Service Act (42 U.S.C. 247d); or + (B) of a domestic emergency, based on an outbreak + of COVID-19 by the President, the Secretary of Homeland + Security, or State, or local authority. + (2) The term ``veteran'' means-- + (A) a person who served in the active military, + naval, or air service, and who was discharged or + released therefrom under conditions other than + dishonorable; or + (B) a member of a reserve component of the Armed + Forces who performs active service for a period of 30 + days or longer by reason of the covered public health + emergency. + (3) The term ``active service'' has the meaning given such + term in section 101 of title 10, United States Code. + (n) Funding.-- + (1) In general.--For each fiscal year for which the + Secretary provides retraining assistance under this section, + such sums as may be necessary shall be made available for such + assistance from funds appropriated to, or otherwise made + available to, the Department for the payment of readjustment + benefits. + (2) Administrative costs.--There is authorized to be + appropriated $15,000,000 to carry out administrative functions + of this section. + (o) Initiation of Payments.--The Secretary may begin providing +retraining assistance under this section on the date that is 180 days +after the date of the enactment of this Act. + +SEC. 202. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS AFFAIRS TO + THE FEDERAL DIRECTORY OF NEW HIRES. + + Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is +amended by adding at the end the following new paragraph: + ``(4) Veteran employment.--The Secretaries of Labor and of + Veterans Affairs shall have access to information reported by + employers pursuant to subsection (b) of this section for + purposes of tracking employment of veterans.''. + +SEC. 203. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH TECHNOLOGY + PROGRAMS OF EDUCATION FOR VETERANS. + + Section 116 of the Harry W. Colmery Veterans Educational Assistance +Act of 2017 (Public Law 115-48; 38 U.S.C. 3001 note) is amended-- + (1) in subsection (b), by adding at the end the following: + ``The Secretary shall treat an individual as an eligible + veteran if the Secretary determines that the individual shall + become an eligible veteran fewer than 180 days after the date + of such determination. If an individual treated as an eligible + veteran by reason of the preceding sentence does anything to + make the veteran ineligible during the 180-day period referred + to in such sentence, the Secretary may require the veteran to + repay any benefits received by such veteran by reason of such + sentence.''; + (2) in subsection (c)-- + (A) in paragraph (3)(A), by striking ``has been + operational for at least 2 years'' and inserting + ``employs instructors whom the Secretary determines are + experts in their respective fields in accordance with + paragraph (6)''; and + (B) by adding at the end the following new + paragraph: + ``(6) Experts.--The Secretary shall determine whether + instructors are experts under paragraph (3)(A) based on + evidence furnished to the Secretary by the provider regarding + the ability of the instructors to-- + ``(A) identify professions in need of new employees + to hire, tailor the programs to meet market needs, and + identify the employers likely to hire graduates; + ``(B) effectively teach the skills offered to + eligible veterans; + ``(C) provide relevant industry experience in the + fields of programs offered to incoming eligible + veterans; and + ``(D) demonstrate relevant industry experience in + such fields of programs.''; + (3) in subsection (d), in the matter preceding paragraph + (1)-- + (A) by inserting ``(not including an individual + described in the second sentence of subsection (b))'' + after ``each eligible veteran''; and + (B) by inserting ``or part-time'' after ``full- + time''; + (4) in subsection (g), by striking ``$15,000,000'' and + inserting ``$45,000,000''; and + (5) by adding at the end the following new subsection (i): + ``(i) Prohibition on Certain Accounting of Assistance.--The +Secretary may not consider enrollment in a high technology program of +education under this section to be assistance under a provision of law +referred to in section 3695 of title 38, United States Code.''. + +SEC. 204. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR VETERANS + AND SPOUSES. + + (a) Extension of Pilot Program.--Subsection (a) of section 301 of +the Dignified Burial and Other Veterans' Benefits Improvement Act of +2012 (Public Law 112-260; 10 U.S.C. 1144 note) is amended-- + (1) by striking ``During the two-year period beginning on + the date of the enactment of this Act'' and inserting ``During + the 5-year period beginning on the date of the enactment of the + Dependable Employment and Living Improvements for Veterans + Economic Recovery Act''; and + (2) by striking ``to assess the feasibility and + advisability of providing such program to eligible individuals + at locations other than military installations''. + (b) Locations.--Subsection (c) of such section is amended-- + (1) in paragraph (1), by striking ``not less than three and + not more than five States'' and inserting ``not fewer than 50 + locations in States (as defined in section 101 of title 38, + United States Code)''; + (2) in paragraph (2), by striking ``at least two'' and + inserting ``at least 20''; and + (3) by adding at the end the following new paragraphs: + ``(5) Preferences.--In selecting States for participation + in the pilot program, the Secretary shall provide a preference + for any State with-- + ``(A) a high rate of usage of unemployment benefits + for recently separated members of the Armed Forces; or + ``(B) a labor force or economy that has been + significantly impacted by the covered public health + emergency. + ``(6) Covered public health emergency.--In this subsection, + the term `covered public health emergency' means the + declaration-- + ``(A) of a public health emergency, based on an + outbreak of COVID-19 by the Secretary of Health and + Human Services under section 319 of the Public Health + Service Act (42 U.S.C. 247d); or + ``(B) of a domestic emergency, based on an outbreak + of COVID-19 by the President, the Secretary of Homeland + Security, or State, or local authority.''. + (c) Annual Report.--Subsection (e) of such section is amended by +adding at the end the following new sentence: ``Each such report shall +include information about the employment outcomes of the eligible +individuals who received such training during the year covered by the +report.''. + (d) Conforming Repeal.--Subsection (f) of such section is repealed. + +SEC. 205. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS OF + THE ARMED FORCES AFTER SEPARATION, RETIREMENT, OR + DISCHARGE. + + (a) In General.--The Secretary of Veterans Affairs shall make +grants to eligible organizations for the provision of transition +assistance to members of the Armed Forces who are separated, retired, +or discharged from the Armed Forces, and spouses of such members. + (b) Use of Funds.--The recipient of a grant under this section +shall use the grant to provide to members of the Armed Forces and +spouses described in subsection (a) resume assistance, interview +training, job recruitment training, and related services leading +directly to successful transition, as determined by the Secretary. + (c) Eligible Organizations.--To be eligible for a grant under this +section, an organization shall submit to the Secretary an application +containing such information and assurances as the Secretary, in +consultation with the Secretary of Labor, may require. + (d) Priority.--In making grants under this section, the Secretary +shall give priority to an organization that-- + (1) provides multiple forms of services described in + subsection (b); or + (2) is located in a State with-- + (A) a high rate of veteran unemployment; + (B) a high rate of usage of unemployment benefits + for recently separated members of the Armed Forces; or + (C) a labor force or economy that has been + significantly impacted by the covered public health + emergency (as such term is defined in section + 201(l)(1)). + (e) Amount of Grant.--A grant under this section shall be in an +amount that does not exceed 50 percent of the amount required by the +organization to provide the services described in subsection (b). + (f) Deadline.--The Secretary shall carry out this section not later +than six months after the effective date of this Act. + (g) Termination.--The authority to provide a grant under this +section shall terminate on the date that is five years after the date +on which the Secretary implements the grant program under this section. + (h) Authorization of Appropriations.--There is authorized to be +appropriated $10,000,000 to carry out this section. + +SEC. 206. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVENESS OF + TRANSITION ASSISTANCE PROGRAM. + + (a) Independent Assessment.--Not later than 90 days after the date +of the enactment of this Act, the Secretary of Veterans Affairs, in +consultation with the covered officials, shall enter into an agreement +with an appropriate entity with experience in adult education to carry +out a one-year independent assessment of the Transition Assistance +Program under sections 1142 and 1144 of title 10, United States Code +(in this section referred to as ``TAP''), including-- + (1) the effectiveness of TAP for members of each military + department during the entire military life cycle; + (2) the appropriateness of the TAP career readiness + standards; + (3) a review of information that is provided to the + Department of Veterans Affairs under TAP, including mental + health data; + (4) whether TAP effectively addresses the challenges + veterans face entering the civilian workforce and in + translating experience and skills from military service to the + job market; + (5) whether TAP effectively addresses the challenges faced + by the families of veterans making the transition to civilian + life; + (6) appropriate metrics regarding TAP outcomes for members + of the Armed Forces one year after separation, retirement, or + discharge from the Armed Forces; + (7) what the Secretary, in consultation with the covered + officials and veterans service organizations determine to be + successful outcomes for TAP; + (8) whether members of the Armed Forces achieve successful + outcomes for TAP, as determined under paragraph (7); + (9) how the Secretary and the covered officials provide + feedback to each other regarding such outcomes; + (10) recommendations for the Secretaries of the military + departments regarding how to improve outcomes for members of + the Armed Forces after separation, retirement, and discharge; + and + (11) other topics the Secretary and the covered officials + determine would aid members of the Armed Forces as they + transition to civilian life. + (b) Report.--Not later than 90 days after the completion of the +independent assessment under subsection (a), the Secretary and the +covered officials, shall submit to the Committees on Veterans' Affairs +of the Senate and House of Representatives and the Committees on Armed +Services of the Senate and House of Representatives-- + (1) the findings and recommendations (including recommended + legislation) of the independent assessment prepared by the + entity described in subsection (a); and + (2) responses of the Secretary and the covered officials to + the findings and recommendations described in paragraph (1). + (c) Definitions.--In this section: + (1) The term ``covered officials'' means-- + (A) the Secretary of Defense; + (B) the Secretary of Labor; + (C) the Administrator of the Small Business + Administration; and + (D) the Secretaries of the military departments. + (2) The term ``military department'' has the meaning given + that term in section 101 of title 10, United States Code. + +SEC. 207. LONGITUDINAL STUDY ON CHANGES TO TAP. + + (a) Study.--Not later than 90 days after the date of the enactment +of this Act, the Secretary of Veterans Affairs, in consultation with +the Secretaries of Defense and Labor and the Administrator of the Small +Business Administration, shall conduct a five-year longitudinal study +regarding the Transition Assistance Program under sections 1142 and +1144 of title 10, United States Code (in this section referred to as +``TAP''), on three separate cohorts of members of the Armed Forces who +have separated from the Armed Forces, including-- + (1) a cohort that has attended TAP counseling as + implemented on the date of the enactment of this Act; + (2) a cohort that attends TAP counseling after the + Secretaries of Defense and Labor implement changes recommended + in the report under section 206(b); and + (3) a cohort that has not attended TAP counseling. + (b) Progress Reports.--Not later than 90 days after the date that +is one year after the date of the initiation of the study under +subsection (a) and annually thereafter for the three subsequent years, +the Secretaries of Veterans Affairs, Defense, and Labor, and the +Administrator of the Small Business Administration, shall submit to the +Committees on Veterans' Affairs of the Senate and House of +Representatives and the Committees on Armed Services of the Senate and +House of Representatives a progress report of activities under the +study during the immediately preceding year. + (c) Final Report.--Not later than 180 days after the completion of +the study under subsection (a), the Secretaries of Veterans Affairs, +Defense, and Labor, and the Administrator of the Small Business +Administration, shall submit to the Committees on Veterans' Affairs of +the Senate and House of Representatives and the Committees on Armed +Services of the Senate and House of Representatives a report of final +findings and recommendations based on the study. + (d) Elements.--The final report under subsection (c) shall include +information regarding the following: + (1) The percentage of each cohort that received + unemployment benefits during the study. + (2) The numbers of months members of each cohort were + employed during the study. + (3) Annual starting and ending salaries of members of each + cohort who were employed during the study. + (4) How many members of each cohort enrolled in an + institution of higher learning, as that term is defined in + section 3452(f) of title 38, United States Code. + (5) The academic credit hours, degrees, and certificates + obtained by members of each cohort during the study. + (6) The annual income of members of each cohort. + (7) The total household income of members of each cohort. + (8) How many members of each cohort own their principal + residences. + (9) How many dependents that members of each cohort have. + (10) The percentage of each cohort that achieves a + successful outcome for TAP, as determined under section + 206(a)(7). + (11) Other criteria the Secretaries and the Administrator + of the Small Business Administration determine appropriate. + +SEC. 208. DEPARTMENT OF VETERANS AFFAIRS LOAN FEES. + + The loan fee table in section 3729(b)(2) of title 38, United States +Code, is amended by striking subparagraph (E) and inserting the +following: + + + + +---------------------------------------------------------------------------------------------------------------- +(E)(i) Interest rate reduction refinancing 0.50 0.50 NA + loan issued before January 1, 2021 +---------------------------------------------------------------------------------------------------------------- +(E)(ii) Interest rate reduction 0.85 0.85 NA + refinancing loan issued on or after + January 1, 2021, and before January 15, + 2027 +---------------------------------------------------------------------------------------------------------------- +(E)(iii) Interest rate reduction 0.50 0.50 NA + refinancing loan issued on or after + January 15, 2027 +---------------------------------------------------------------------------------------------------------------- + + Passed the House of Representatives September 23, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7105 + +_______________________________________________________________________ + + AN ACT + +To provide flexibility for the Secretary of Veterans Affairs in caring + for homeless veterans during a covered public health emergency, to + direct the Secretary of Veterans Affairs to carry out a retraining + assistance program for unemployed veterans, and for other purposes. From 51847b73ae812f07ccfdab7db41dae6d4e06d75c Mon Sep 17 00:00:00 2001 From: "Rep. Levin, Mike [D-CA-49]" <> Date: Sun, 27 Dec 2020 18:28:40 -0500 Subject: [PATCH 606/984] House-7105: Enrolled --- bills_text/House-7105.txt | 7882 ++++++++++++++++++++++++++++++++----- 1 file changed, 6893 insertions(+), 989 deletions(-) diff --git a/bills_text/House-7105.txt b/bills_text/House-7105.txt index f693a7c..a427b66 100644 --- a/bills_text/House-7105.txt +++ b/bills_text/House-7105.txt @@ -1,192 +1,4282 @@ -116th CONGRESS - 2d Session - H. R. 7105 + H.R.7105 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To provide flexibility for the Secretary of Veterans Affairs in caring - for homeless veterans during a covered public health emergency, to - direct the Secretary of Veterans Affairs to carry out a retraining - assistance program for unemployed veterans, and for other purposes. + To provide flexibility for the Secretary of Veterans Affairs in caring + for homeless veterans during a covered public health emergency, to + direct the Secretary of Veterans Affairs to carry out a retraining + assistance program for unemployed veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - - (a) Short Title.--This Act may be cited as the ``Dependable -Employment and Living Improvements for Veterans Economic Recovery Act'' -or the ``DELIVER Act''. + (a) Short Title.--This Act may be cited as the ``Johnny Isakson and +David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of +2020''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. - TITLE I--ASSISTANCE FOR HOMELESS VETERANS - -Sec. 101. Flexibility for the Secretary of Veterans Affairs in caring - for homeless veterans during a covered - public health emergency. -Sec. 102. Expansion of eligibility for HUD-VASH. -Sec. 103. Legal services for homeless veterans and veterans at risk for - homelessness. -Sec. 104. Gap analysis of Department of Veterans Affairs Programs that - provide assistance to women veterans who - are homeless. -Sec. 105. Improvements to grants and agreements between the Secretary - of Veterans Affairs and entities that - provide services to homeless veterans. -Sec. 106. Repeal of sunset on authority to carry out program of - referral and counseling services for - veterans at risk for homelessness who are - transitioning from certain institutions. -Sec. 107. Coordination of case management services for veterans - receiving housing vouchers under Tribal - HUD-VASH program. -Sec. 108. Contracting for HUD-VASH case managers. -Sec. 109. Report on HUD-VASH staffing, training, and data systems. - TITLE II--RETRAINING ASSISTANCE FOR VETERANS - -Sec. 201. COVID-19 Veteran Rapid Retraining Assistance Program. -Sec. 202. Access for the Secretaries of Labor and Veterans Affairs to - the Federal directory of new hires. -Sec. 203. Expansion of eligible class of providers of high technology - programs of education for veterans. -Sec. 204. Pilot program for off-base transition training for veterans - and spouses. -Sec. 205. Grants for provision of transition assistance to members of - the Armed Forces after separation, - retirement, or discharge. -Sec. 206. One-year independent assessment of the effectiveness of - Transition Assistance Program. -Sec. 207. Longitudinal study on changes to TAP. -Sec. 208. Department of Veterans Affairs loan fees. - - TITLE I--ASSISTANCE FOR HOMELESS VETERANS - -SEC. 101. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS IN CARING - FOR HOMELESS VETERANS DURING A COVERED PUBLIC HEALTH - EMERGENCY. +Sec. 2. Determination of budgetary effects. + + TITLE I--EDUCATION + + Subtitle A--Education Generally + +Sec. 1001. Improvements to Edith Nourse Rogers STEM Scholarship program + of Department of Veterans Affairs. +Sec. 1002. Expansion of eligibility for Fry Scholarship to children and + spouses of certain deceased members of the Armed Forces. +Sec. 1003. Period for election to receive benefits under All-Volunteer + Educational Assistance Program of Department of Veterans + Affairs. +Sec. 1004. Phase out of All-Volunteer Educational Assistance Program. +Sec. 1005. Requirements for in-State tuition. +Sec. 1006. Expansion of authority for certain qualifying work-study + activities for purposes of the educational assistance programs + of the Department of Veterans Affairs to include outreach + services provided through congressional offices. +Sec. 1007. Restoration of entitlement to rehabilitation programs for + veterans affected by school closure or disapproval. +Sec. 1008. Technical correction to clarify eligibility for participation + in Yellow Ribbon Program of Department of Veterans Affairs. +Sec. 1009. Clarification of educational assistance for individuals who + pursue an approved program of education leading to a degree + while on active duty. +Sec. 1010. Verification of enrollment for purposes of receipt of Post-9/ + 11 Educational Assistance benefits. +Sec. 1011. Clarification regarding the dependents to whom entitlement to + educational assistance may be transferred under the Post 9/11 + Educational Assistance Program. +Sec. 1012. Expansion of reasons for which a course of education may be + disapproved. +Sec. 1013. Oversight of educational institutions with approved programs: + risk-based surveys. +Sec. 1014. Oversight of educational institutions subject to Government + action for purposes of the educational assistance programs of + the Department of Veterans Affairs. +Sec. 1015. Additional requirement for approval of educational + institutions for purposes of the educational assistance + programs of the Department of Veterans Affairs. +Sec. 1016. Clarification of accreditation for law schools for purposes + of the educational assistance programs of the Department of + Veterans Affairs. +Sec. 1017. Clarification of grounds for disapproval of a course for + purposes of the educational assistance programs of the + Department of Veterans Affairs. +Sec. 1018. Requirements for educational institutions participating in + the educational assistance programs of the Department of + Veterans Affairs. +Sec. 1019. Overpayments to eligible persons or veterans. +Sec. 1020. Improvements to limitation on certain advertising, sales, and + enrollment practices. +Sec. 1021. Charge to entitlement to educational assistance for + individuals who do not transfer credits from certain closed or + disapproved programs of education. +Sec. 1022. Department of Veterans Affairs treatment of for-profit + educational institutions converted to nonprofit educational + institutions. +Sec. 1023. Authority of State approving agencies to conduct outreach + activities. +Sec. 1024. Limitation on colocation and administration of State + approving agencies. +Sec. 1025. Elimination of period of eligibility for training and + rehabilitation for certain veterans with service-connected + disabilities. + + Subtitle B--Pandemic Assistance + +Sec. 1101. Definitions. +Sec. 1102. Continuation of Department of Veterans Affairs educational + assistance benefits during COVID-19 emergency. +Sec. 1103. Effects of closure of educational institution and + modification of courses by reason of COVID-19 emergency. +Sec. 1104. Payment of educational assistance in cases of withdrawal. +Sec. 1105. Modification of time limitations on use of entitlement. +Sec. 1106. Apprenticeship or on-job training requirements. +Sec. 1107. Inclusion of training establishments in certain provisions + related to COVID-19 emergency. +Sec. 1108. Treatment of payment of allowances under Student Veteran + Coronavirus Response Act. + + TITLE II--BENEFITS + + Subtitle A--Benefits Generally + +Sec. 2001. Revision of definition of Vietnam era for purposes of the + laws administered by the Secretary of Veterans Affairs. +Sec. 2002. Matters relating to Department of Veterans Affairs medical + disability examinations. +Sec. 2003. Medal of Honor special pension for surviving spouses. +Sec. 2004. Modernization of service-disabled veterans insurance. +Sec. 2005. Denial of claims for traumatic injury protection under + Servicemembers' Group Life Insurance. +Sec. 2006. Publication and acceptance of disability benefit + questionnaire forms of Department of Veterans Affairs. +Sec. 2007. Threshold for reporting debts to consumer reporting agencies. +Sec. 2008. Removal of dependents from award of compensation or pension. +Sec. 2009. Eligibility for dependency and indemnity compensation for + surviving spouses who remarry after age 55. +Sec. 2010. Study on exposure by members of the Armed Forces to toxicants + at Karshi-Khanabad Air Base in Uzbekistan. +Sec. 2011. Comptroller General briefing and report on repealing + manifestation period for presumptions of service connection + for certain diseases associated with exposure to certain + herbicide agents. +Sec. 2012. Extension of authority of Secretary of Veterans Affairs to + use income information from other agencies. +Sec. 2013. Extension on certain limits on payments of pension. + + Subtitle B--Housing + +Sec. 2101. Eligibility of certain members of the reserve components of + the Armed Forces for home loans from the Secretary of Veterans + Affairs. +Sec. 2102. Reducing loan fees for certain veterans affected by major + disasters. +Sec. 2103. Extension of certain housing loan fees. +Sec. 2104. Collection of overpayments of specially adapted housing + assistance. + + Subtitle C--Burial Matters + +Sec. 2201. Transportation of deceased veterans to veterans' cemeteries. +Sec. 2202. Increase in certain funeral benefits under laws administered + by the Secretary of Veterans Affairs. +Sec. 2203. Outer burial receptacles for each new grave in cemeteries + that are the subjects of certain grants made by the Secretary + of Veterans Affairs. +Sec. 2204. Provision of inscriptions for spouses and children on certain + headstones and markers furnished by the Secretary of Veterans + Affairs. +Sec. 2205. Aid to counties for establishment, expansion, and improvement + of veterans' cemeteries. +Sec. 2206. Increase in maximum amount of grants to States, counties, and + tribal organizations for operating and maintaining veterans' + cemeteries. +Sec. 2207. Provision of urns and commemorative plaques for remains of + certain veterans whose cremated remains are not interred in + certain cemeteries. +Sec. 2208. Training of State and tribal veterans' cemetery personnel by + National Cemetery Administration. + + TITLE III--HEALTH CARE + + Subtitle A--Health Care Generally + +Sec. 3001. Expansion of modifications to Veteran Directed Care program. +Sec. 3002. Prohibition on collection of a health care copayment by the + Secretary of Veterans Affairs from a veteran who is a member + of an Indian tribe. +Sec. 3003. Oversight for State homes regarding COVID-19 infections, + response capacity, and staffing levels. +Sec. 3004. Grants for State homes located on tribal lands. +Sec. 3005. Continuation of Women's Health Transition Training program of + Department of Veterans Affairs. +Sec. 3006. Authority for Secretary of Veterans Affairs to furnish + medically necessary transportation for newborn children of + certain women veterans. +Sec. 3007. Waiver of requirements of Department of Veterans Affairs for + receipt of per diem payments for domiciliary care at State + homes and modification of eligibility for such payments. +Sec. 3008. Expansion of quarterly update of information on staffing and + vacancies at facilities of the Department of Veterans Affairs + to include information on duration of hiring process. +Sec. 3009. Requirement for certain Department of Veterans Affairs + medical facilities to have physical location for the disposal + of controlled substances medications. +Sec. 3010. Department of Veterans Affairs pilot program for clinical + observation by undergraduate students. + + Subtitle B--Scheduling and Consult Management + +Sec. 3101. Process and requirements for scheduling appointments for + health care from Department of Veterans Affairs and non- + Department health care. +Sec. 3102. Audits regarding scheduling of appointments and management of + consultations for health care from Department of Veterans + Affairs and non-Department health care. +Sec. 3103. Administration of non-Department of Veterans Affairs health + care. +Sec. 3104. Examination of health care consultation and scheduling + positions of Department of Veterans Affairs. + + TITLE IV--NAVY SEAL BILL MULDER + +Sec. 4001. Short title. + + Subtitle A--Service-connection and COVID-19 + +Sec. 4101. Presumptions of service-connection for members of Armed + Forces who contract Coronavirus Disease 2019 under certain + circumstances. + + Subtitle B--Assistance for Homeless Veterans + +Sec. 4201. Flexibility for the Secretary of Veterans Affairs in caring + for homeless veterans during a covered public health + emergency. +Sec. 4202. Legal services for homeless veterans and veterans at risk for + homelessness. +Sec. 4203. Gap analysis of Department of Veterans Affairs programs that + provide assistance to women veterans who are homeless. +Sec. 4204. Improvements to grants awarded by the Secretary of Veterans + Affairs to entities that provide services to homeless + veterans. +Sec. 4205. Repeal of sunset on authority to carry out program of + referral and counseling services for veterans at risk for + homelessness who are transitioning from certain institutions. +Sec. 4206. Coordination of case management services for veterans + receiving housing vouchers under Tribal Housing and Urban + Development-Veterans Affairs Supportive Housing program. +Sec. 4207. Contracts relating to case managers for homeless veterans in + supported housing program. +Sec. 4208. Report on staffing of Department of Housing and Urban + Development-Department of Veterans Affairs supported housing + program. + + Subtitle C--Retraining Assistance for Veterans + +Sec. 4301. Access for the Secretaries of Labor and Veterans Affairs to + the Federal directory of new hires. +Sec. 4302. Expansion of eligible class of providers of high technology + programs of education for veterans. +Sec. 4303. Pilot program for off-base transition training for veterans + and spouses. +Sec. 4304. Grants for provision of transition assistance to members of + the Armed Forces after separation, retirement, or discharge. +Sec. 4305. One-year independent assessment of the effectiveness of + Transition Assistance Program. +Sec. 4306. Longitudinal study on changes to Transition Assistance + Program. + + TITLE V--DEBORAH SAMPSON + +Sec. 5001. Short title. + + Subtitle A--Improving Access for Women Veterans to the Department of + Veterans Affairs + +Sec. 5101. Office of Women's Health in Department of Veterans Affairs. +Sec. 5102. Women veterans retrofit initiative. +Sec. 5103. Establishment of environment of care standards and + inspections at Department of Veterans Affairs medical centers. +Sec. 5104. Provision of reintegration and readjustment services to + veterans and family members in group retreat settings. +Sec. 5105. Provision of legal services for women veterans. +Sec. 5106. Comptroller General surveys and report on supportive services + provided for very low-income women veterans. +Sec. 5107. Programs on assistance for child care for certain veterans. +Sec. 5108. Availability of prosthetics for women veterans from + Department of Veterans Affairs. +Sec. 5109. Requirement to improve Department of Veterans Affairs women + veterans call center. +Sec. 5110. Study on infertility services furnished at Department of + Veterans Affairs. +Sec. 5111. Sense of Congress on access to facilities of Department of + Veterans Affairs by reservists for counseling and treatment + relating to military sexual trauma. + + Subtitle B--Increasing Staff Cultural Competency + +Sec. 5201. Staffing of women's health primary care providers at medical + facilities of Department of Veterans Affairs. +Sec. 5202. Additional funding for primary care and emergency care + clinicians in Women Veterans Health Care Mini-Residency + Program. +Sec. 5203. Establishment of women veteran training module for non- + Department of Veterans Affairs health care providers. +Sec. 5204. Study on staffing of women veteran program manager program at + medical centers of Department of Veterans Affairs and training + of staff. +Sec. 5205. Study on Women Veteran Coordinator program. +Sec. 5206. Staffing improvement plan for peer specialists of Department + of Veterans Affairs who are women. + + Subtitle C--Eliminating Harassment and Assault + +Sec. 5301. Expansion of coverage by Department of Veterans Affairs of + counseling and treatment for sexual trauma. +Sec. 5302. Assessment of effects of intimate partner violence on women + veterans by Advisory Committee on Women Veterans. +Sec. 5303. Anti-harassment and anti-sexual assault policy of Department + of Veterans Affairs. +Sec. 5304. Pilot program on assisting veterans who experience intimate + partner violence or sexual assault. +Sec. 5305. Study and task force on veterans experiencing intimate + partner violence or sexual assault. + + Subtitle D--Data Collection and Reporting + +Sec. 5401. Requirement for collection and analysis of data on Department + of Veterans Affairs benefits and services and disaggregation + of such data by gender, race, and ethnicity. +Sec. 5402. Study on barriers for women veterans to receipt of health + care from Department of Veterans Affairs. +Sec. 5403. Study on feasibility and advisability of offering Parenting + STAIR program at all medical centers of Department of Veterans + Affairs. + + Subtitle E--Benefits Matters + +Sec. 5501. Evaluation of service-connection of mental health conditions + relating to military sexual trauma. +Sec. 5502. Choice of sex of Department of Veterans Affairs medical + examiner for assessment of claims for compensation relating to + disability resulting from physical assault of a sexual nature, + battery of a sexual nature, or sexual harassment. +Sec. 5503. Secretary of Veterans Affairs report on implementing + recommendations of Inspector General of Department of Veterans + Affairs in certain report on denied posttraumatic stress + disorder claims related to military sexual trauma. + + TITLE VI--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS + +Sec. 6001. Short title. +Sec. 6002. Plan to address the financial exploitation of veterans + receiving pension from the Department of Veterans Affairs. +Sec. 6003. Overpayments of pension to veterans receiving pension from + the Department of Veterans Affairs. +Sec. 6004. Evaluation of additional actions for verifying direct deposit + information provided by veterans on applications for veterans + pension. +Sec. 6005. Annual report on efforts of Department of Veterans Affairs to + address the financial exploitation of veterans receiving + pension. +Sec. 6006. Notice regarding fees charged in connection with filing an + application for veterans pension. +Sec. 6007. Outreach plan for educating vulnerable veterans about + potential financial exploitation relating to the receipt of + pension. + + TITLE VII--OTHER MATTERS + + Subtitle A--Administrative and Other Matters + +Sec. 7001. Medical examination protocol for volunteer drivers + participating in program of transportation services for + veterans. +Sec. 7002. Department of Veterans Affairs Advisory Committee on Tribal + and Indian Affairs. +Sec. 7003. Preference for offerors employing veterans. +Sec. 7004. Extension of certain employment and reemployment rights to + members of the National Guard who perform State active duty. +Sec. 7005. Repayment of misused benefits. +Sec. 7006. Exemption of certain transfers. +Sec. 7007. Report and planned actions of the Secretary of Veterans + Affairs to address certain high-risk areas of the Department + of Veterans Affairs. +Sec. 7008. Annual report by Secretary of Veterans Affairs on + implementation of priority recommendations of Comptroller + General of the United States pertaining to Department of + Veterans Affairs. +Sec. 7009. Clarification of methods used to monitor compliance with + certain limitations on subcontracting. +Sec. 7010. Department of Veterans Affairs requirement to provide certain + notice to persons filing claims for damage, injury, or death + on Standard Form 95. + + Subtitle B--Matters Relating to the Chief Financial Officer of + Department of Veterans Affairs + +Sec. 7101. Definitions. +Sec. 7102. Plans for addressing material weaknesses and providing + sufficient authority to Chief Financial Officer of Department + of Veterans Affairs. +Sec. 7103. Chief Financial Officer attestation. +Sec. 7104. Chief Financial Officer responsibility for subordinate chief + financial officers. + + Subtitle C--Servicemembers Civil Relief + +Sec. 7201. Clarification of delivery of notice of termination of leases + of premises and motor vehicles for purposes of relief under + Servicemembers Civil Relief Act. +Sec. 7202. Technical correction regarding extension of lease protections + for servicemembers under stop movement orders in response to + local, national, or global emergency. +SEC. 2. DETERMINATION OF BUDGETARY EFFECTS. + The budgetary effects of this Act, for the purpose of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, submitted for printing in the Congressional +Record by the Chairman of the House Budget Committee, provided that +such statement has been submitted prior to the vote on passage. + + TITLE I--EDUCATION + Subtitle A--Education Generally + +SEC. 1001. IMPROVEMENTS TO EDITH NOURSE ROGERS STEM SCHOLARSHIP PROGRAM +OF DEPARTMENT OF VETERANS AFFAIRS. + (a) Clarification and Expansion of Eligibility.--Subsection (b)(4) +of section 3320 of title 38, United States Code, is amended-- + (1) in subparagraph (A)(i)-- + (A) in the matter preceding subclause (I), by inserting ``, + or a dual degree program that includes such an undergraduate + college degree,'' after ``undergraduate college degree''; + (B) by striking subclause (IX); and + (C) by redesignating subclauses (X) and (XI) as subclauses + (IX) and (X), respectively; + (2) in subparagraph (B)-- + (A) by inserting ``covered clinical training program for + health care professionals or a'' before ``program of + education''; and + (B) by striking the period at the end and inserting ``; + or''; and + (3) by adding at the end the following new subparagraph: + ``(C) is an individual who has earned a graduate degree in + a field referred to in subparagraph (A)(i) and is enrolled in a + covered clinical training program for health care + professionals.''. + (b) Priority.--Subsection (c) of such section is amended to read as +follows: + ``(c) Priority.--(1) If the Secretary determines that there are +insufficient funds available in a fiscal year to provide additional +benefits under this section to all eligible individuals, the Secretary +may give priority to the following eligible individuals: + ``(A) Individuals who require the most credit hours described + in subsection (b)(4). + ``(B) Individuals who are entitled to educational assistance + under this chapter by reason of paragraph (1), (2), (8), or (9) of + section 3311(b) of this title. + ``(2) The Secretary shall give priority to individuals under +paragraph (1) in the following order: + ``(A) Individuals who are enrolled in a program of education + leading to an undergraduate degree in a field referred to in + subsection (b)(4)(A)(i). + ``(B) Individuals who are enrolled in a program of education + leading to a teaching certificate. + ``(C) Individuals who are enrolled in a dual-degree program + leading to both an undergraduate and graduate degree in a field + referred to in subsection (b)(4)(A)(i). + ``(D) Individuals who have earned an undergraduate degree and + are enrolled in a covered clinical training program for health care + professionals. + ``(E) Individuals who have earned a graduate degree and are + enrolled in a covered clinical training program for health care + professionals.''. + (c) Amounts Not Subject to Certain Limitation.--Subsection (d) of +such section is amended by adding at the end the following new +paragraph: + ``(4) Notwithstanding any other provision of this chapter or +chapter 36 of this title, any additional benefits under this section +may not be counted toward the aggregate period for which section 3695 +of this title limits an individual's receipt of allowance or +assistance.''. + (d) Covered Clinical Training Program Defined.--Such section is +further amended by adding at the end the following new subsection: + ``(h) Covered Clinical Training Program Defined.--In this section, +the term `covered clinical training program' means any clinical +training required by a health care professional to be licensed to +practice in a State or locality.''. +SEC. 1002. EXPANSION OF ELIGIBILITY FOR FRY SCHOLARSHIP TO CHILDREN AND +SPOUSES OF CERTAIN DECEASED MEMBERS OF THE ARMED FORCES. + (a) In General.--Subsection (b) of section 3311 of title 38, United +States Code, as amended by section 105 of the Harry W. Colmery Veterans +Educational Assistance Act of 2017 (Public Law 115-48), is further +amended-- + (1) by redesignating paragraph (9) as paragraph (11); and + (2) by inserting after paragraph (8) the following new + paragraphs (9) and (10): + ``(9) An individual who is the child or spouse of a person who, + on or after September 11, 2001, dies in line of duty while serving + on duty other than active duty as a member of the Armed Forces. + ``(10) An individual who is the child or spouse of a member of + the Selected Reserve who dies on or after September 11, 2001, while + a member of the Selected Reserve from a service-connected + disability.''. + (b) Conforming Amendments.--Title 38, United States Code, is +amended as follows: + (1) In section 3311(f), by striking ``paragraph (8)'' each + place it appears and inserting ``paragraphs (8), (9), and (10)''. + (2) In section 3313(c)(1), by striking ``(8), or (9)'' and + inserting ``(8), (9), (10), or (11)''. + (3) In section 3317(a), in the second sentence, by striking + ``paragraphs (1), (2), (8), and (9)'' and inserting ``paragraphs + (1), (2), (8), (9), (10), and (11)''. + (4) In section 3320, as amended by section 1001 of this title, + in subsection (c)(1)(B), by striking ``(8), or (9)'' and inserting + ``(8), (9), (10), or (11)''. + (5) In section 3322-- + (A) in subsection (e), by striking both ``sections + 3311(b)(8) and 3319'' and inserting ``section 3319 and + paragraph (8), (9), or (10) of section 3311 of this title''; + (B) in subsection (f), by striking ``section 3311(b)(8)'' + and inserting ``paragraph (8), (9), or (10) of section 3311 of + this title''; and + (C) in subsection (h)(2), by striking ``either section + 3311(b)(8) or chapter 35'' and inserting ``either chapter 35 or + paragraph (8), (9), or (10) of section 3311''. + (c) Applicability Date.--The amendments made by this section shall +take effect immediately after the amendments made by section 105 of the +Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public +Law 115-48) take effect and shall apply with respect to a quarter, +semester, or term, as applicable, commencing on or after August 1, +2021. +SEC. 1003. PERIOD FOR ELECTION TO RECEIVE BENEFITS UNDER ALL-VOLUNTEER +EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. + (a) In General.--Section 3011 of title 38, United States Code, is +amended-- + (1) in subsection (c)(1), by striking ``Any such election shall + be made at the time the individual initially enters on active duty + as a member of the Armed Forces'' and inserting ``Any such election + shall be made during the 90-day period beginning on the day that is + 180 days after the date on which the individual initially enters + initial training''; and + (2) in subsection (b)(1), by striking ``that such individual is + entitled to such pay'' and inserting ``that begin after the date + that is 270 days after the date on which the individual initially + enters initial training''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on the date that is two years after the date of the +enactment of this Act. +SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM. + Subsection (a)(1)(A) of section 3011 of title 38, United States +Code, is amended by striking ``after June 30, 1985'' and inserting +``during the period beginning July 1, 1985, and ending September 30, +2030''. +SEC. 1005. REQUIREMENTS FOR IN-STATE TUITION. + (a) In General.--Section 3679(c) of title 38, United States Code, +is amended-- + (1) in paragraph (2)(A), by striking ``less than three years + before the date of enrollment in the course concerned''; and + (2) in paragraph (4)-- + (A) by striking ``It shall'' and inserting ``(A) It + shall''; and + (B) by adding at the end the following new subparagraph: + ``(B) To the extent feasible, the Secretary shall make publicly +available on the internet website of the Department a database +explaining any requirements described in subparagraph (A) that are +established by a public institution of higher learning for an +individual to be charged tuition and fees at a rate that is equal to or +less than the rate the institution charges for tuition and fees for +residents of the State in which the institution is located. The +Secretary shall disapprove a course of education provided by such an +institution that does not provide the Secretary-- + ``(i) an initial explanation of such requirements; and + ``(ii) not later than 90 days after the date on which any such + requirements change, the updated requirements.''. + (b) Application.--The amendments made by this section shall apply +with respect to a quarter, semester, or term, as applicable, commencing +on or after August 1, 2021. +SEC. 1006. EXPANSION OF AUTHORITY FOR CERTAIN QUALIFYING WORK-STUDY +ACTIVITIES FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE +DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE OUTREACH SERVICES PROVIDED +THROUGH CONGRESSIONAL OFFICES. + (a) In General.--Section 3485(a)(4) of title 38, United States +Code, is amended by adding at the end the following new subparagraph: + ``(K) The following activities carried out at the offices of + Members of Congress for such Members: + ``(i) The distribution of information to members of the + Armed Forces, veterans, and their dependents about the benefits + and services under laws administered by the Secretary and other + appropriate governmental and nongovernmental programs. + ``(ii) The preparation and processing of papers and other + documents, including documents to assist in the preparation and + presentation of claims for benefits under laws administered by + the Secretary.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on August 1, 2021. +SEC. 1007. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS FOR +VETERANS AFFECTED BY SCHOOL CLOSURE OR DISAPPROVAL. + (a) Entitlement.--Section 3699 of title 38, United States Code, is +amended by striking ``chapter 30,'' each time it appears and inserting +``chapter 30, 31,''. + (b) Payment of Subsistence Allowances.--Section 3680(a)(2)(B) of +title 38, United States Code, is amended-- + (1) by inserting ``or a subsistence allowance described in + section 3108'' before ``, during''; and + (2) by inserting ``or allowance'' after ``such a stipend''. + (c) Conforming Amendment.--Section 7 of the Student Veteran +Coronavirus Response Act of 2020 (134 Stat. 634; Public Law 116-140) is +hereby repealed. + (d) Effective Date.--The amendments made by this section shall +apply as if included in the enactment of section 109 of the Harry W. +Colmery Veterans Educational Assistance Act of 2017 (Public Law 115-48; +131 Stat. 978). +SEC. 1008. TECHNICAL CORRECTION TO CLARIFY ELIGIBILITY FOR +PARTICIPATION IN YELLOW RIBBON PROGRAM OF DEPARTMENT OF VETERANS +AFFAIRS. + Section 3317(a) of title 38, United States Code, is amended-- + (1) by striking ``the full cost of established charges (as + specified in section 3313)'' and inserting ``the full cost of + tuition and fees for a program of education''; and + (2) by striking ``those established charges'' and inserting + ``such tuition and fees''. +SEC. 1009. CLARIFICATION OF EDUCATIONAL ASSISTANCE FOR INDIVIDUALS WHO +PURSUE AN APPROVED PROGRAM OF EDUCATION LEADING TO A DEGREE WHILE ON +ACTIVE DUTY. + (a) In General.--Section 3313(e) of title 38, United States Code, +is amended-- + (1) in the heading, by inserting ``for a Period of More Than 30 + Days'' after ``Active Duty''; + (2) in paragraph (1), by inserting ``for a period of more than + 30 days'' after ``active duty''; and + (3) in paragraph (2), in the matter preceding subparagraph (A), + by inserting ``for a period of more than 30 days'' after ``active + duty''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on August 1, 2022. +SEC. 1010. VERIFICATION OF ENROLLMENT FOR PURPOSES OF RECEIPT OF POST- +9/11 EDUCATIONAL ASSISTANCE BENEFITS. + (a) In General.--Section 3313 of title 38, United States Code, is +amended by adding at the end the following new subsection: + ``(l) Verification of Enrollment.--(1) The Secretary shall +require-- + ``(A) each educational institution to submit to the Secretary + verification of each individual who is enrolled in a course or + program of education at the educational institution and is + receiving educational assistance under this chapter-- + ``(i) not later than such time as the Secretary determines + reasonable after the date on which the individual is enrolled; + and + ``(ii) not later than such time as the Secretary determines + reasonable after the last date on which a student is able to + withdraw from the course or program of education without + penalty; and + ``(B) each individual who is enrolled in a course or program of + education and is receiving educational assistance under this + chapter to submit to the Secretary verification of such enrollment + for each month during which the individual is so enrolled and + receiving such educational assistance. + ``(2) Verification under this subsection shall be in an electronic +form prescribed by the Secretary. + ``(3) If an individual fails to submit the verification required +under paragraph (1)(B) for two consecutive months, the Secretary may +not make a monthly stipend payment to the individual under this section +until the individual submits such verification.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on August 1, 2021. +SEC. 1011. CLARIFICATION REGARDING THE DEPENDENTS TO WHOM ENTITLEMENT +TO EDUCATIONAL ASSISTANCE MAY BE TRANSFERRED UNDER THE POST 9/11 +EDUCATIONAL ASSISTANCE PROGRAM. + (a) In General.--Section 3319(c) of title 38, United States Code, +is amended to read as follows: + ``(c) Eligible Dependents.-- + ``(1) Transfer.--An individual approved to transfer an + entitlement to educational assistance under this section may + transfer the individual's entitlement to an eligible dependent or a + combination of eligible dependents. + ``(2) Definition of eligible dependent.--For purposes of this + subsection, the term `eligible dependent' has the meaning given the + term `dependent' under subparagraphs (A), (I), and (D) of section + 1072(2) of title 10.''. + (b) Applicability.--The amendment made by subsection (a) shall +apply with respect to educational assistance payable under chapter 33 +of title 38, United States Code, before, on, or after the date that is +90 days after the date of the enactment of this Act. +SEC. 1012. EXPANSION OF REASONS FOR WHICH A COURSE OF EDUCATION MAY BE +DISAPPROVED. + (a) In General.--Section 3672(b)(2) of title 38, United States +Code, is amended-- + (1) in subparagraph (A)(i), by inserting or ``or (D)'' after + ``subparagraph (C)''; and + (2) by adding at the end the following new subparagraph: + ``(D) A program that is described in subparagraph (A)(i) of this +paragraph and offered by an educational institution that is at risk of +losing accreditation shall not be deemed to be approved for purposes of +this chapter. For purposes of this subparagraph, an educational +institution is at risk of losing accreditation if that educational +institution has received from the relevant accrediting agency or +association a notice described in section 3673(e)(2)(D) of this +title.''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on August 1, 2021. +SEC. 1013. OVERSIGHT OF EDUCATIONAL INSTITUTIONS WITH APPROVED +PROGRAMS: RISK-BASED SURVEYS. + (a) Risk-based Surveys.-- + (1) In general.--Subchapter I of chapter 36, United States + Code, is amended by inserting after section 3673 the following new + section: +``Sec. 3673A. Risk-based surveys + ``(a) Development Required.--The Secretary, in partnership with +State approving agencies, shall develop a searchable risk-based survey +for oversight of educational institutions with courses and programs of +education approved under this chapter. + ``(b) Scope.--(1) The scope of the risk-based survey developed +under subsection (a) shall be determined by the Secretary, in +partnership with the State approving agency. + ``(2) At a minimum the scope determined under paragraph (1) shall +include the following: + ``(A) Rapid increase in veteran enrollment. + ``(B) Rapid increase in tuition and fees. + ``(C) Complaints tracked and published with the mechanism + required by section 3698(b)(2) from students pursuing programs of + education with educational assistance furnished under laws + administered by the Secretary, based on severity or volume of the + complaints. + ``(D) Compliance with section 3680A(d)(1) of this title. + ``(E) Veteran completion rates. + ``(F) Indicators of financial stability. + ``(G) Review of the advertising and recruiting practices of the + educational institution, including those by third-party contractors + of the educational institution. + ``(H) Matters for which the Federal Government or a State + Government brings an action in a court of competent jurisdiction + against an educational institution, including matters in cases in + which the Federal Government or the State comes to a settled + agreement on such matters outside of the court. + ``(c) Database.--The Secretary, in partnership with the State +approving agencies under this chapter, shall establish a database or +use an existing system, as the Secretary considers appropriate, to +serve as a central repository for information required for or collected +during site visits for the risk-based survey developed under subsection +(a), so as to improve future oversight of educational institutions with +programs of education approved under this chapter.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 36 of such title is amended by inserting after the item + relating to section 3673 the following new item: + +``3673A. Risk-based surveys.''. + + (b) Use of State Approving Agencies for Oversight Activities.-- + (1) In general.--Section 3673(d) of title 38, United States + Code, is amended-- + (A) by striking ``may'' and inserting ``shall''; and + (B) by striking ``compliance and risk-based surveys'' and + inserting ``a risk-based survey developed under section 3673A + of this title''. + (2) Effective date.--The amendment made by paragraph (1) shall + take effect on October 1, 2022. +SEC. 1014. OVERSIGHT OF EDUCATIONAL INSTITUTIONS SUBJECT TO GOVERNMENT +ACTION FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE +DEPARTMENT OF VETERANS AFFAIRS. + (a) In General.--Section 3673 of title 38, United States Code, is +amended by adding at the end the following new subsection: + ``(e) Notice of Government Action.--(1)(A) If the Secretary +receives notice described in paragraph (2), or otherwise becomes aware +of an action or event described in paragraph (3), with respect to an +educational institution, the Secretary shall transmit such notice or +provide notice of such action or event to the State approving agency +for the State where the educational institution is located by not later +than 30 days after the date on which the Secretary receives such notice +or becomes aware of such action or event. + ``(B) If a State approving agency receives notice as described in +paragraph (2), or otherwise becomes aware of an action or event +described in paragraph (3), with respect to an educational institution, +other than from the Secretary pursuant to subparagraph (A) of this +paragraph, the State approving agency shall immediately notify the +Secretary. + ``(C) Not later than 60 days after the date on which a State +approving agency receives notice under subparagraph (A), receives +notice as described in subparagraph (B), or becomes aware as described +in such subparagraph, as the case may be, regarding an educational +institution, such State approving agency shall-- + ``(i) complete a risk-based survey of such educational + institution; and + ``(ii) provide the Secretary with-- + ``(I) a complete report on the findings of the State + approving agency with respect to the risk-based survey + completed under clause (i) and any actions taken as a result of + such findings; and + ``(II) any supporting documentation and pertinent records. + ``(2) Notice described in this paragraph is any of the following: + ``(A) Notice from the Secretary of Education of an event under + paragraph (3)(A). + ``(B) Notice of an event under paragraph (3)(B). + ``(C) Notice from a State of an action taken by that State + under paragraph (3)(C). + ``(D) Notice provided by an accrediting agency or association + of an action described in paragraph (3)(D) taken by that agency or + association. + ``(E) Notice that the Secretary of Education has placed the + educational institution on provisional certification status. + ``(3) An action or event under this paragraph is any of the +following: + ``(A) The receipt by an educational institution of payments + under the heightened cash monitoring level 2 payment method + pursuant to section 487(c)(1)(B) of the Higher Education Act of + 1965 (20 U.S.C. 1094). + ``(B) Punitive action taken by the Attorney General, the + Federal Trade Commission, or any other Federal department or agency + for misconduct or misleading marketing practices that would violate + the standards defined by the Secretary of Veterans Affairs. + ``(C) Punitive action taken by a State against an educational + institution. + ``(D) The loss, or risk of loss, by an educational institution + of an accreditation from an accrediting agency or association, + including notice of probation, suspension, an order to show cause + relating to the educational institution's academic policies and + practices or to its financial stability, or revocation of + accreditation. + ``(E) The placement of an educational institution on + provisional certification status by the Secretary of Education. + ``(4) If a State approving agency disapproves or suspends an +educational institution, the State approving agency shall provide +notice of such disapproval or suspension to the Secretary and to all +other State approving agencies. + ``(5) This subsection shall be carried out using amounts made +available pursuant to section 3674(a)(4) of this title as long as such +amounts remain available. + ``(6) For each notice transmitted or provided to a State approving +agency under paragraph (1) with respect to an educational institution, +the Secretary shall ensure the careful review of-- + ``(A) to the extent possible, the action that gave rise to such + notice; and + ``(B) any other action against the educational institution by + any Federal or State government entity or by the educational + institution's accreditor. + ``(7) In this subsection, the term `risk-based survey' means the +risk-based survey developed under section 3673A of this title.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on August 1, 2021. +SEC. 1015. ADDITIONAL REQUIREMENT FOR APPROVAL OF EDUCATIONAL +INSTITUTIONS FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE +DEPARTMENT OF VETERANS AFFAIRS. + (a) In General.--Section 3675 of title 38, United States Code, is +amended-- + (1) in subsection (b), by adding at the end the following new + paragraph: + ``(4) The educational institution is approved and participates + in a program under title IV of the Higher Education Act of 1965 (20 + U.S.C. 1070 et seq.) or the Secretary has waived the requirement + under this paragraph with respect to an educational institution and + submits to the Committee on Veterans' Affairs of the Senate and the + Committee on Veterans' Affairs of the House of Representatives + notice of such waiver.''. + (2) by adding at the end the following new subsection: + ``(d)(1) The Secretary shall submit to Congress an annual report on +any waivers issued pursuant to subsection (b)(4) or section +3672(b)(2)(A)(i) of this title. + ``(2) Each report submitted under paragraph (1) shall include, for +the year covered by the report, the following: + ``(A) The name of each educational institution for which a + waiver was issued. + ``(B) The justification for each such waiver. + ``(C) The total number of waivers issued.''. + (b) Requirement for Approval of Standard College Degree Programs.-- +Clause (i) of section 3672(b)(2)(A) of such title is amended to read as +follows: + ``(i) Except as provided in subparagraph (C) or (D), an + accredited standard college degree program offered at a public + or not-for-profit proprietary educational institution that-- + ``(I) is accredited by an agency or association + recognized for that purpose by the Secretary of Education; + and + ``(II) is approved and participates in a program under + title IV of the Higher Education Act of 1965 (20 U.S.C. + 1070 et seq.), unless the Secretary has waived the + requirement to participate in a program under title IV of + the Higher Education Act of 1965 (20 U.S.C. 1070 et + seq.).''. + (c) Effective Date.--The amendments made by subsections (a) and (b) +shall take effect on August 1, 2021. +SEC. 1016. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS FOR PURPOSES +OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS +AFFAIRS. + (a) In General.--Paragraphs (14)(B) and (15)(B) of section 3676(c) +of title 38, United States Code, are each amended-- + (1) by striking ``an accrediting agency'' both places it + appears and inserting ``a specialized accrediting agency for + programs of legal education''; and + (2) by inserting before the period the following: ``, from + which recipients of law degrees from such accredited programs are + eligible to sit for a bar examination in any State''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on August 1, 2021. +SEC. 1017. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A COURSE FOR +PURPOSES OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF +VETERANS AFFAIRS. + (a) In General.--Section 3679 of title 38, United States Code, is +amended-- + (1) by inserting ``(including failure to comply with a risk- + based survey under this chapter or secure an affirmation of + approval by the appropriate State approving agency following the + survey)'' after ``requirements of this chapter''; and + (2) by adding at the end the following new subsection: + ``(f) In this section, the term `risk-based survey' means a risk- +based survey developed under section 3673A(a) of this title.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on August 1, 2021. +SEC. 1018. REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS PARTICIPATING IN +THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS +AFFAIRS. + (a) In General.--Section 3679 of title 38, United States Code, as +amended by section 1017 of this title, is further amended by adding at +the end the following new subsection: + ``(f)(1) Except as provided by paragraph (5), a State approving +agency, or the Secretary when acting in the role of the State approving +agency, shall take an action described in paragraph (4)(A) if the State +approving agency or the Secretary, when acting in the role of the State +approving agency, determines that an educational institution does not +perform any of the following: + ``(A) Prior to the enrollment of a covered individual in a + course of education at the educational institution, provide the + individual with a form that contains information personalized to + the individual that describes-- + ``(i) the estimated total cost of the course, including + tuition, fees, books, supplies, and any other additional costs; + ``(ii) an estimate of the cost for living expenses for + students enrolled in the course; + ``(iii) the amount of the costs under clauses (i) and (ii) + that are covered by the educational assistance provided to the + individual under chapter 30, 31, 32, 33, or 35 of this title, + or chapter 1606 or 1607 of title 10, as the case may be; + ``(iv) the type and amount of Federal financial aid not + administered by the Secretary and financial aid offered by the + institution that the individual may qualify to receive; + ``(v) an estimate of the amount of student loan debt the + individual would have upon graduation; + ``(vi) information regarding graduation rates; + ``(vii) job-placement rates for graduates of the course, if + available; + ``(viii) information regarding the acceptance by the + institution of transfer of credits, including military credits; + ``(ix) any conditions or additional requirements, including + training, experience, or examinations, required to obtain the + license, certification, or approval for which the course of + education is designed to provide preparation; and + ``(x) other information to facilitate comparison by the + individual of aid packages offered by different educational + institutions. + ``(B) Not later than 15 days after the date on which the + institution (or the governing body of the institution) determines + tuition rates and fees for an academic year that is different than + the amount being charged by the institution, provide a covered + individual enrolled in a course of education at the educational + institution with the form under subparagraph (A) that contains + updated information. + ``(C) Maintain policies to-- + ``(i) inform each covered individual enrolled in a course + of education at the educational institution of the availability + of Federal financial aid not administered by the Secretary and + financial aid offered by the institution; and + ``(ii) alert such individual of the potential eligibility + of the individual for such financial aid before packaging or + arranging student loans or alternative financing programs for + the individual. + ``(D) Maintain policies to-- + ``(i) prohibit the automatic renewal of a covered + individual in courses and programs of education; and + ``(ii) ensure that each covered individual approves of the + enrollment of the individual in a course. + ``(E) Provide to a covered individual enrolled in a course of + education at the educational institution with information regarding + the requirements to graduate from such course, including + information regarding when required classes will be offered and a + timeline to graduate. + ``(F) With respect to an accredited educational institution, + obtain the approval of the accrediting agency for each new course + or program of the institution before enrolling covered individuals + in such courses or programs if the accrediting agency determines + that such approval is appropriate under the substantive change + requirements of the accrediting agency regarding the quality, + objectives, scope, or control of the institution. + ``(G) Maintain a policy that-- + ``(i) ensures that members of the Armed Forces, including + the reserve components and the National Guard, who enroll in a + course of education at the educational institution may be + readmitted at such institution if such members are temporarily + unavailable or have to suspend such enrollment by reason of + serving in the Armed Forces; and + ``(ii) otherwise accommodates such members during short + absences by reason of such service. + ``(H) Designate an employee of the educational institution to + serve as a point of contact for covered individuals and the family + of such individuals needing assistance with respect to academic + counseling, financial counseling, disability counseling, and other + information regarding completing a course of education at such + institution, including by referring such individuals and family to + the appropriate persons for such counseling and information. + ``(2) Except as provided by paragraph (5), a State approving +agency, or the Secretary when acting in the role of the State approving +agency, shall take an action described in paragraph (4)(A) if the State +approving agency, the Secretary, or any Federal agency, determines that +an educational institution does any of the following: + ``(A) Carries out deceptive or persistent recruiting + techniques, including on military installations, that may include-- + ``(i) misrepresentation (as defined in section + 3696(e)(2)(B) of this title) or payment of incentive + compensation; + ``(ii) during any 1-month period making three or more + unsolicited contacts to a covered individual, including + contacts by phone, email, or in-person; or + ``(iii) engaging in same-day recruitment and registration. + ``(B) Pays inducements, including any gratuity, favor, + discount, entertainment, hospitality, loan, transportation, + lodging, meals, or other item having a monetary value of more than + a de minimis amount, to any individual or entity, or its agents + including third party lead generators or marketing firms other than + salaries paid to employees or fees paid to contractors in + conformity with all applicable laws for the purpose of securing + enrollments of covered individuals or obtaining access to + educational assistance under this title, with the exception of + scholarships, grants, and tuition reductions provided by the + educational institution. + ``(3) A State approving agency, or the Secretary when acting in the +role of the State approving agency, shall take an action described in +paragraph (4)(A) if the State approving agency or the Secretary, when +acting in the role of the State approving agency, determines that an +educational institution is the subject of a negative action made by the +accrediting agency that accredits the institution, including any of the +following: + ``(A) Accreditor sanctions. + ``(B) Accreditation probation. + ``(C) The loss of accreditation or candidacy for accreditation. + ``(4)(A) An action described in this subparagraph is any of the +following: + ``(i) Submitting to the Secretary a recommendation that the + Secretary publish a warning on the internet website of the + Department described in section 3698(c)(2) of this title, or such + other similar internet website of the Department, that describes + how an educational institution is failing to meet a requirement + under paragraph (1), (2), or (3). + ``(ii) Disapproving a course for purposes of this chapter. + ``(B)(i) The Secretary shall establish guidelines to ensure that +the actions described in subparagraph (A) are applied in a proportional +and uniform manner by State approving agencies, or the Secretary when +acting in the role of the State approving agency. + ``(ii) Each State approving agency and the Secretary, when acting +in the role of the State approving agency, shall adhere to the +guidelines established under clause (i). + ``(C) The State approving agency, in consultation with the +Secretary, or the Secretary when acting in the role of the State +approving agency, may limit an action described in subparagraph (A)(ii) +to individuals not enrolled at the educational institution before the +period described in such subparagraph. + ``(5)(A) The Secretary may waive the requirements of paragraph (1) +or waive the requirements of paragraph (2) with respect to an +educational institution for a 1-academic-year period beginning in +August of the year in which the waiver is made. A single educational +institution may not receive waivers under this paragraph for more than +2 consecutive academic years. + ``(B) To be considered for a waiver under this paragraph, an +educational institution shall submit to the Secretary an application +prior to the first day of the academic year for which the waiver is +sought. + ``(6) Not later than October 1 of each year, the Secretary shall +submit to the Committee on Veterans' Affairs of the Senate and the +Committee on Veterans' Affairs of the House of Representatives the +following reports: + ``(A) A report, which shall be made publicly available, that + includes the following: + ``(i) A summary of each action described in paragraph + (4)(A) made during the year covered by the report, including-- + ``(I) the name of the educational institution; + ``(II) the type of action taken; + ``(III) the rationale for the action, including how the + educational institution was not in compliance with this + subsection; + ``(IV) the length of time that the educational + institution was not in such compliance; and + ``(V) whether the educational institution was also not + in compliance with this subsection during any of the 2 + years prior to the year covered by the report. + ``(ii) A summary and justifications for the waivers made + under paragraph (5) during the year covered by the report, + including the total number of waivers each educational + institution has received. + ``(B) A report containing the recommendations of the Secretary + with respect to any legislative actions the Secretary determines + appropriate to ensure that this subsection is carried out in a + manner that is consistent with the requirements that educational + institutions must meet for purposes of other departments or + agencies of the Federal Government. + ``(7) In this subsection, the term `covered individual' means an +individual who is pursuing a course of education at an educational +institution under chapter 30, 31, 32, 33, or 35 of this title, or +chapter 1606 or 1607 of title 10.''. + (b) Application Date.--The amendment made by this section shall +take effect on June 15, 2021, and shall apply to an educational +institution beginning on August 1, 2021, except that an educational +institution may submit an application for a waiver under subsection +(f)(5) of section 3679 of title 38, United States Code, as added by +subsection (a), beginning on June 15, 2021. +SEC. 1019. OVERPAYMENTS TO ELIGIBLE PERSONS OR VETERANS. + (a) In General.--Subsection (b) of section 3685 of title 38, United +States Code, is amended to read as follows: + ``(b) Any overpayment to a veteran or eligible person with respect +to pursuit by the veteran or eligible person of a program of education +at an educational institution shall constitute a liability of the +educational institution to the United States if-- + ``(1) the Secretary finds that the overpayment has been made as + the result of-- + ``(A) the willful or negligent failure of an educational + institution to report, as required under this chapter or + chapter 34 or 35 of this title, to the Department of Veterans + Affairs excessive absences from a course, or discontinuance or + interruption of a course by the veteran or eligible person; or + ``(B) the willful or negligent false certification by an + educational institution; or + ``(2) the benefit payment sent to an educational institution on + behalf of an eligible veteran or person is made pursuant to-- + ``(A) section 3313(h) of this title; + ``(B) section 3317 of this title; or + ``(C) section 3680(d) of this title; or + ``(D) section 3320(d) of this title.''. + (b) Clarifying Amendment.--Subsection (a) of such section is +further amended by inserting ``relating to educational assistance under +a law administered by the Secretary'' after ``made to a veteran or +eligible person''. +SEC. 1020. IMPROVEMENTS TO LIMITATION ON CERTAIN ADVERTISING, SALES, +AND ENROLLMENT PRACTICES. + (a) Prohibition on Substantial Misrepresentation.-- + (1) In general.--Section 3696 of title 38, United States Code, + is amended to read as follows: +``Sec. 3696. Prohibition on certain advertising, sales, and enrollment + practices + ``(a) Prohibition on Engaging in Substantial Misrepresentation.--An +educational institution with a course or program of education approved +under this chapter, and an entity that owns such an educational +institution, shall not engage in substantial misrepresentation +described in subsection (b). + ``(b) Substantial Misrepresentation Described.--(1) Substantial +misrepresentation described in this paragraph is substantial +misrepresentation by an educational institution, a representative of +the institution, or any person with whom the institution has an +agreement to provide educational programs, marketing, advertising, +recruiting or admissions services, concerning any of the following: + ``(A) The nature of the educational program of the institution, + including misrepresentation regarding-- + ``(i) the particular type, specific source, or nature and + extent, of the accreditation of the institution or a course of + education at the institution; + ``(ii) whether a student may transfer course credits to + another institution; + ``(iii) conditions under which the institution will accept + transfer credits earned at another institution; + ``(iv) whether successful completion of a course of + instruction qualifies a student-- + ``(I) for acceptance to a labor union or similar + organization; or + ``(II) to receive, to apply to take, or to take an + examination required to receive a local, State, or Federal + license, or a nongovernmental certification required as a + precondition for employment, or to perform certain + functions in the States in which the educational program is + offered, or to meet additional conditions that the + institution knows or reasonably should know are generally + needed to secure employment in a recognized occupation for + which the program is represented to prepare students; + ``(v) the requirements for successfully completing the + course of study or program and the circumstances that would + constitute grounds for terminating the student's enrollment; + ``(vi) whether the courses of education at the institution + are recommended or have been the subject of unsolicited + testimonials or endorsements by-- + ``(I) vocational counselors, high schools, colleges, + educational organizations, employment agencies, members of + a particular industry, students, former students, or + others; or + ``(II) officials of a local or State government or the + Federal Government; + ``(vii) the size, location, facilities, or equipment of the + institution; + ``(viii) the availability, frequency, and appropriateness + of the courses of education and programs to the employment + objectives that the institution states the courses and programs + are designed to meet; + ``(ix) the nature, age, and availability of the training + devices or equipment of the institution and the appropriateness + to the employment objectives that the institution states the + courses and programs are designed to meet; + ``(x) the number, availability, and qualifications, + including the training and experience, of the faculty and other + personnel of the institution; + ``(xi) the availability of part-time employment or other + forms of financial assistance; + ``(xii) the nature and availability of any tutorial or + specialized instruction, guidance and counseling, or other + supplementary assistance the institution will provide students + before, during, or after the completion of a course of + education; + ``(xiii) the nature or extent of any prerequisites + established for enrollment in any course of education; + ``(xiv) the subject matter, content of the course of + education, or any other fact related to the degree, diploma, + certificate of completion, or any similar document that the + student is to be, or is, awarded upon completion of the course + of education; and + ``(xv) whether the degree that the institution will confer + upon completion of the course of education has been authorized + by the appropriate State educational agency, including with + respect to cases where the institution fails to disclose facts + regarding the lack of such authorization in any advertising or + promotional materials that reference such degree. + ``(B) The financial charges of the institution, including + misrepresentation regarding-- + ``(i) offers of scholarships to pay all or part of a course + charge; + ``(ii) whether a particular charge is the customary charge + at the institution for a course; + ``(iii) the cost of the program and the refund policy of + the institution if the student does not complete the program; + ``(iv) the availability or nature of any financial + assistance offered to students, including a student's + responsibility to repay any loans, regardless of whether the + student is successful in completing the program and obtaining + employment; and + ``(v) the student's right to reject any particular type of + financial aid or other assistance, or whether the student must + apply for a particular type of financial aid, such as financing + offered by the institution. + ``(C) The employability of the graduates of the institution, + including misrepresentation regarding-- + ``(i) the relationship of the institution with any + organization, employment agency, or other agency providing + authorized training leading directly to employment; + ``(ii) the plans of the institution to maintain a placement + service for graduates or otherwise assist graduates to obtain + employment; + ``(iii) the knowledge of the institution about the current + or likely future conditions, compensation, or employment + opportunities in the industry or occupation for which the + students are being prepared; + ``(iv) job market statistics maintained by the Federal + Government in relation to the potential placement of the + graduates of the institution; and + ``(v) other requirements that are generally needed to be + employed in the fields for which the training is provided, such + as requirements related to commercial driving licenses or + permits to carry firearms, and failing to disclose factors that + would prevent an applicant from qualifying for such + requirements, such as prior criminal records or preexisting + medical conditions. + ``(2) In this subsection: + ``(A) The term `misleading statement' includes any + communication, action, omission, or intimation made in writing, + visually, orally, or through other means, that has the likelihood + or tendency to mislead the intended recipient of the communication + under the circumstances in which the communication is made. Such + term includes the use of student endorsements or testimonials for + an educational institution that a student gives to the institution + either under duress or because the institution required the student + to make such an endorsement or testimonial to participate in a + program of education. + ``(B) The term `misrepresentation' means any false, erroneous, + or misleading statement, action, omission, or intimation made + directly or indirectly to a student, a prospective student, the + public, an accrediting agency, a State agency, or to the Secretary + by an eligible institution, one of its representatives, or any + person with whom the institution has an agreement to provide + educational programs, marketing, advertising, recruiting or + admissions services. + ``(C) The term `substantial misrepresentation' means + misrepresentation in which the person to whom it was made could + reasonably be expected to rely, or has reasonably relied, to that + person's detriment. + ``(c) Limitation on Certain Commissions, Bonuses, and Other +Incentive Payments.--An educational institution with a course or +program of education approved under this chapter, and an entity that +owns such an educational institution, shall not provide any commission, +bonus, or other incentive payment based directly or indirectly on +success in securing enrollments or financial aid to any persons or +entities engaged in any student recruiting or admission activities or +in making decisions regarding the award of student financial +assistance. + ``(d) Requirement to Maintain Records.--(1) To ensure compliance +with this section, any educational institution offering courses +approved for the enrollment of eligible persons or veterans shall +maintain a complete record of all advertising, sales, or enrollment +materials (and copies thereof) utilized by or on behalf of the +institution during the preceding two-year period. Such record shall be +available for inspection by the State approving agency or the +Secretary. + ``(2) Such materials shall include but are not limited to any +direct mail pieces, brochures, printed literature used by sales +persons, films, video tapes, and audio tapes disseminated through +broadcast media, material disseminated through print, digital, or +electronic media, tear sheets, leaflets, handbills, fliers, and any +sales or recruitment manuals used to instruct sales personnel, agents, +or representatives of such institution. + ``(e) Agreement With Federal Trade Commission.--(1) The Secretary +shall, pursuant to section 3694 of this title, enter into an agreement +with the Federal Trade Commission to utilize, where appropriate, its +services and facilities, consistent with its available resources, in +carrying out investigations and making the Under Secretary of Benefit's +preliminary findings under subsection (g)(1). + ``(2) Such agreement shall provide that cases arising under +subsection (a) of this section or any similar matters with respect to +any of the requirements of this chapter or chapters 34 and 35 of this +title may be referred to the Federal Trade Commission which in its +discretion will conduct an investigation and make preliminary findings. + ``(3) The findings and results of any investigation under paragraph +(2) shall be referred to the Under Secretary for Benefits, who shall +take appropriate action under subsection (g) in such cases not later +than 60 days after the date of such referral. + ``(f) Final Judgments From Other Federal Agencies.--Whenever the +Secretary becomes aware of a final judgment by a Federal agency against +an educational institution or owner of an educational institution +pertaining to substantial misrepresentation described in subsection (b) +or of other credible evidence relating to a violation of subsection +(a), the Secretary, in partnership with the applicable State approving +agency, shall-- + ``(1) within 30 days, alert the educational institution or + owner that it is at risk of losing approval under this chapter of + its courses or programs of education; + ``(2) provide the educational institution or owner 60 days to + provide any information it wishes to the Secretary; + ``(3) require the educational institution or owner to submit to + the Secretary a report prepared by an approved third-party auditor + of the advertising and enrollment practices of the educational + institution or owner; and + ``(4) refer the matter to the Under Secretary of Benefits, who + may thereafter make a preliminary finding under subsection (g). + ``(g) Preliminary Findings, Final Determinations, and Processes.-- +(1) The Under Secretary for Benefits shall make preliminary findings +and final determinations on violations of subsections (a), (c), and +(d). + ``(2)(A) The Under Secretary shall establish a process for making +preliminary findings and final determinations under paragraph (1). + ``(B) The process established under subparagraph (A) shall-- + ``(i) clearly define what triggers an oversight visit by the + Under Secretary for purposes of enforcing subsections (a), (c), and + (d); + ``(ii) set forth factors an educational institution, or the + owner of the educational institution, must meet in order to retain + approval status under this section, including with respect to the + factors set forth under subsection (h)(2); + ``(iii) include a process for the provision of notice to an + educational institution, or the owner of the educational + institution, that the Under Secretary has made a preliminary + finding under paragraph (1) that the education institution or owner + has violated subsection (a), (c), or (d), which the Under Secretary + shall provide to the educational institution or owner within such + period after making the preliminary finding as the Under Secretary + shall establish for purposes of this clause, except that, in every + case, such period shall end before the date on which the Under + Secretary makes a final determination under such paragraph; and + ``(iv) include-- + ``(I) a process for receipt of findings from a third-party + pertinent to this section; and + ``(II) a process for an educational institution or an owner + to provide such information as the educational institution or + owner determines appropriate to the Secretary, including + information about corrective actions the educational + institution or owner may have taken in response to preliminary + findings under paragraph (1). + ``(C) The process established under subparagraph (A) shall not +prohibit a State approving agency from-- + ``(i) independently investigating a potential violation of + subsection (a), (c), or (d); or + ``(ii) taking action if the State approving agency finds a + violation of subsection (a), (c), or (d). + ``(3) Upon a preliminary finding under this subsection of a +violation of subsection (a), (c), or (d) by an educational institution, +or the owner of an educational institution, the Under Secretary shall +require the educational institution or owner to submit to the Under +Secretary a report prepared by an approved third-party auditor of the +advertising and enrollment practices of the educational institution or +owner. + ``(4)(A) Before making a final determination under this subsection +regarding a violation of subsection (a), (c), or (d) by an educational +institution or owner of an educational institution, the Under Secretary +shall-- + ``(i) review the practices of the educational institution or + owner that pertain to activities and practices covered by + subsections (a), (c), and (d); + ``(ii) consider the results of a risk-based survey conducted by + a State approving agency, if available; and + ``(iii) review-- + ``(I) the findings and information received pursuant to the + processes established under paragraph (2)(B)(iii); + ``(II) in a case in which a report was submitted under + subsection (f)(3), such report; + ``(III) the report submitted under paragraph (3)(B) of this + subsection; + ``(IV) any findings and results submitted under subsection + (e)(3); + ``(V) the marketing and outreach material of the + educational institution and the contractors of the educational + institution. + ``(B) The Under Secretary may not make a final determination under +this subsection solely based on preliminary findings. + ``(5) The Under Secretary may not delegate authority to make a +final determination under this subsection, including to any employee of +the Department or to the Federal Trade Commission. + ``(h) Enforcement.--(1)(A) Upon a final determination by the Under +Secretary for Benefits under subsection (g) that an educational +institution or the owner of an educational institution violated +subsection (a), (c), or (d), the Under Secretary shall, but subject to +subparagraphs (B), (C), and (D) of this paragraph, take one of the +following actions independent of any actions taken under section 3690 +of this title: + ``(i) Publish a caution flag on the GI Bill Comparison Tool, or + successor tool, about that educational institution and alert its + currently enrolled eligible veterans and eligible persons. + ``(ii) Suspend the approval of the courses and programs of + education offered by the educational institution by disapproving + new enrollments of eligible veterans and eligible persons in each + course or program of education offered by that educational + institution. + ``(iii) Revoke the approval of the courses and programs of + education offered by the educational institution by disapproving + all enrollments of eligible veterans and eligible persons in each + course or program of education offered by that educational + institution. + ``(B) In deciding upon a course of action under subparagraph (A), +for the first violation of this section, the Secretary shall consider +the factors set forth in paragraph (2). + ``(C) Subject to subsection (i), any repeat violation and final +finding within five years of the first violation of this section shall +result in-- + ``(i) a suspension of approval of new enrollments as described + in subparagraph (A)(ii) of this paragraph until reinstatement under + subsection (j); or + ``(ii) a revocation of approval under this chapter as described + in subparagraph (A)(iii) of this paragraph until reinstatement + under subsection (j). + ``(D) Subject to subsection (i), any third violation within three +years of the second violation of this section shall result in +revocation of approval under this chapter as described in subparagraph +(A)(iii) of this paragraph until reinstatement under subsection (j). + ``(E) Any action taken under subparagraph (A) of this paragraph +regarding a violation of subsection (a), (c), or (d) by an educational +institution or the owner of an educational institution shall be taken +on or before the date that is 180 days after the date on which the +Under Secretary provided notice to the educational institution or owner +regarding the violation in accordance with the process established +under subsection (g)(2)(B)(iii). + ``(2) The factors set forth in this paragraph are the following: + ``(A) That the Secretary's action brings sufficient deterrence + for future fraud against students and the programs of education + carried out under this title. Fraud against veterans must be met + with a repercussion strong enough to send a deterrent message to + this and other educational institutions and owners. + ``(B) That the educational institution has secured an approved + third-party auditor to verify the educational institution's, or + owner's, advertising and enrollment practices for at least three + years going forward. + ``(C) That the educational institution or owner has repudiated + the deceptive practices and has communicated to all employees that + deceptive practices will not be tolerated, and has instituted + strong governance procedures to prevent recurrence. + ``(D) That the educational institution has taken steps to + remove any pressure on its enrollment recruiters, including by + removing enrollment quotas and incentives for enrollment. + ``(E) That the State approving agency or the Secretary acting + in the role of the State approving agency, has completed a risk- + based survey and determined the educational institution is worthy + of serving eligible veterans and eligible persons. + ``(3) Enforcement action under this section shall not preclude +enforcement action under section 3690 of this title. + ``(4) No action may be carried out under this subsection with +respect to a final determination by the Under Secretary under +subsection (g) while such final determination is pending review under +subsection (i). + ``(i) Appeals.--(1) The Secretary shall establish a process by +which an educational institution or the owner of an educational +institution that is the subject of more than one final determination by +the Under Secretary under subsection (g)(1) that the educational +institution or owner violated subsection (a), may request a review of +the most recent final determination. + ``(2)(A) The Secretary shall-- + ``(i) review each final determination for which a review is + requested under paragraph (1); and + ``(ii) pursuant to such review, issue a final decision + sustaining, modifying, or overturning the final determination. + ``(B) The Secretary may not delegate any decision under +subparagraph (A). + ``(C)(i) Review under subparagraph (A)(i) of this paragraph shall +be the exclusive avenue for review of a final determination under +subsection (g)(1). + ``(ii) A decision issued pursuant to a review under subparagraph +(A)(i) may not be appealed to the Secretary for review under section +7104(a) of this title. + ``(3)(A) Not later than 30 days after the date on which the +Secretary issues a final decision under paragraph (2)(A)(ii), the +Secretary shall submit to Congress a report on such final decision. + ``(B) A report submitted under subparagraph (A) shall include the +following: + ``(i) An outline of the decisionmaking process of the Secretary + that led to the final decision described in subparagraph (A). + ``(ii) Any relevant material used to make the final decision + under paragraph (2)(A)(ii), including risk-based surveys and + documentation from the educational institution or the owners of the + educational institution. + ``(iii) Materials that were submitted to the Secretary after + the date of the final determination under subsection (g) that was + the subject of the final decision under paragraph (2)(A)(ii) of + this subsection and before the date on which the Secretary issued + such final decision. + ``(j) Reinstatement of Approval.--(1) If an educational institution +or the owner of an educational institution has had the approval of the +courses or programs of education of the educational institution +suspended as described in clause (ii) of subsection (h)(1)(A) or +revoked as described in clause (iii) of such subsection for a violation +of subsection (a), (c), or (d) pursuant to subparagraph (C) or (D) of +subsection (h)(1), the educational institution or owner may submit to +the applicable State approving agency or the Secretary when acting as a +State approving agency an application for reinstatement of approval +under this subsection. + ``(2) Approval under this chapter may not be reinstated under this +subsection until-- + ``(A) the educational institution or owner submits to the + applicable State approving agency or the Secretary when acting as a + State approving agency an application for reinstatement of approval + under paragraph (1); + ``(B) the date that is 540 days after the date of the most + recent suspension or revocation described in paragraph (1) of the + educational institution or owner; + ``(C) the educational institution submits a report by an + approved third-party auditor on the advertising and enrollment + practices of the educational institution, including those of its + third-party contractors; + ``(D) procedures are in place to prevent any future violation + of subsection (a), (c), or (d); + ``(E) that the educational institution has met all factors set + forth in subsection (h)(2); and + ``(F) the Secretary agrees to such reinstatement. + ``(k) Rule of Construction Regarding State Approving Agencies and +Risk-based Surveys.--Nothing in this section shall be construed to +prohibit a State approving agency from conducting any risk-based survey +the State approving agency considers appropriate at any educational +institution that it considers appropriate for oversight purposes. + ``(l) Definitions.--In this section: + ``(1) The term `approved third-party auditor' means an + independent third-party auditor that is approved by the Secretary + for purposes of third-party audits under this section. + ``(2) The term `risk-based survey' means the risk-based survey + developed under section 3673A of this title.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 36 of such title is amended by striking the item + relating to section 3696 and inserting the following new item: + +``3696. Prohibition on certain advertising, sales, and enrollment + practices.''. + + (b) Requirements for Nonaccredited Courses.--Paragraph (10) of +section 3676(c) of such title is amended to read as follows: + ``(10) The institution, and any entity that owns the + institution, does not engage in substantial misrepresentation + described in section 3696(e) of this title. The institution shall + not be deemed to have met this requirement until the State + approving agency-- + ``(A) has ascertained that no Federal department or agency + has taken a punitive action, not including a settlement + agreement, against the school for misleading or deceptive + practices; + ``(B) has, if such an order has been issued, given due + weight to that fact; and + ``(C) has reviewed the complete record of advertising, + sales, or enrollment materials (and copies thereof) used by or + on behalf of the institution during the preceding 12-month + period.''. + (c) Application Date.--The amendments made by this section shall +take effect on August 1, 2021. +SEC. 1021. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR +INDIVIDUALS WHO DO NOT TRANSFER CREDITS FROM CERTAIN CLOSED OR +DISAPPROVED PROGRAMS OF EDUCATION. + (a) In General.--Subsection (c) of section 3699 of title 38, United +States Code, is amended to read as follows: + ``(c) Period Not Charged.--(1) The period for which, by reason of +this subsection, educational assistance is not charged against +entitlement or counted toward the applicable aggregate period under +section 3695 of this title shall not exceed the aggregate of-- + ``(A) the portion of the period of enrollment in the course + from which the individual did not receive credit or with respect to + which the individual lost training time, as determined under + subsection (b)(2); and + ``(B) the period by which a monthly stipend is extended under + section 3680(a)(2)(B) of this title. + ``(2)(A) An individual described in subparagraph (B) who transfers +fewer than 12 credits from a program of education that is closed or +disapproved as described in subsection (b)(1) shall be deemed to be an +individual who did not receive such credits, as described in subsection +(b)(2), except that the period for which such individual's entitlement +is not charged shall be the entire period of the individual's +enrollment in the program of education. In carrying out this +subparagraph, the Secretary, in consultation with the Secretary of +Education, shall establish procedures to determine whether the +individual transferred credits to a comparable course or program of +education. + ``(B) An individual described in this subparagraph is an individual +who is enrolled in a course or program of education closed or +discontinued as described in subsection (b)(1) during the period +beginning on the date that is 120 days before the date of such closure +or discontinuance and ending on the date of such closure or +discontinuance, as the case may be. + ``(C) This paragraph shall apply with respect to a course or +program of education closed or discontinued before September 30, +2023.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on August 1, 2021. +SEC. 1022. DEPARTMENT OF VETERANS AFFAIRS TREATMENT OF FOR-PROFIT +EDUCATIONAL INSTITUTIONS CONVERTED TO NONPROFIT EDUCATIONAL +INSTITUTIONS. + (a) In General.--Subchapter II of chapter 36 of title 38, United +States Code, is amended by adding at the end the following new section: +``Sec. 3699B. Treatment of certain for-profit educational institutions + ``(a) In General.--In the case of any for-profit educational +institution that is converted to a nonprofit educational institution, +the State approving agency or the Secretary when acting as a State +approving agency shall conduct annual risk-based surveys of the +institution during the three-year period beginning on the date on which +the educational institution is so converted. + ``(b) Risk-based Survey Defined.--In this section, the term `risk- +based survey' means the risk-based survey developed under section 3673A +of this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +3699A the following new item: + +``3699B. Treatment of certain for-profit educational institutions.''. + + (c) Applicability.--Section 3699B of title 38, United States Code, +as added by subsection (a), shall apply with respect to the conversion +of a for-profit educational institution to a nonprofit educational +institution that occurs on or after the date of the enactment of this +Act. +SEC. 1023. AUTHORITY OF STATE APPROVING AGENCIES TO CONDUCT OUTREACH +ACTIVITIES. + Section 3673 of title 38, United States Code, as amended by section +1014 of this title, is further amended by adding at the end the +following new subsection: + ``(f) Outreach Activities.--(1) A State approving agency may +conduct outreach activities if-- + ``(A) the State approving agency has properly conducted its + enforcement and approval of courses and programs of education under + this chapter; and + ``(B) funds are still available to do so. + ``(2) For purposes of paragraph (1)(A), a State approving agency +shall be considered to have properly conducted its enforcement and +approval of courses and programs of education under this chapter if the +State approving agency has-- + ``(A) met fulfilled its requirements pursuant to the applicable + cooperative agreements between the State approving agency and the + Department relating to the oversight and approval of courses and + programs of education under this chapter; and + ``(B) completed a risk-based survey of any course or program of + education determined to be of questionable quality or at risk by + any Federal or State agency or any accrediting agency. + ``(3) Outreach activities conducted under paragraph (1) shall be +carried out using amounts derived from amounts not specifically +appropriated to carry out this subsection.''. +SEC. 1024. LIMITATION ON COLOCATION AND ADMINISTRATION OF STATE +APPROVING AGENCIES. + (a) In General.--Section 3671 of title 38, United States Code, is +amended by adding at the end the following new subsection: + ``(c) A State department or agency may not be recognized as a State +approving agency designated under this section if such State department +or agency is administered at or colocated with a university or +university system whose courses or programs of education would be +subject to approval under this chapter by the State approving agency in +that State.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on the date that is 180 days after the date of the +enactment of this Act. +SEC. 1025. ELIMINATION OF PERIOD OF ELIGIBILITY FOR TRAINING AND +REHABILITATION FOR CERTAIN VETERANS WITH SERVICE-CONNECTED +DISABILITIES. + (a) In General.--Section 3103 of title 38, United States Code, is +amended-- + (1) in subsection (a), by striking ``or (e)'' and inserting + ``(e), or (g)''; and + (2) by adding at the end the following new subsection: + ``(g) Subsection (a) shall not apply to a veteran who was +discharged or released from active military, naval, or air service on +or after January 1, 2013.''. + (b) Conforming Amendment.--Section 6(c) of the Student Veteran +Coronavirus Response Act of 2020 (134 Stat. 633; Public Law 116-140) is +amended by striking paragraph (1). + + Subtitle B--Pandemic Assistance + +SEC. 1101. DEFINITIONS. + In this subtitle: + (1) Covered program of education.--The term ``covered program + of education'' means a program of education (as defined in section + 3002 of title 38, United States Code) approved by a State approving + agency, or the Secretary of Veterans Affairs when acting in the + role of a State approving agency. + (2) COVID-19 emergency.--The term ``COVID-19 emergency'' means + the public health emergency declared pursuant to section 319 of the + Public Health Service Act on January 31, 2020, entitled + ``Determination that a Public Health Emergency Exists Nationwide as + the Result of the 2019 Novel Coronavirus''. + (3) Educational institution.--The term ``educational + institution'' has the meaning given that term in section 3452(c) of + title 38, United States Code, and includes an institution of higher + learning (as defined in such section). + (4) State approving agency.--The term ``State approving + agency'' has the meaning given that term in section 3671 of title + 38, United States Code. + (5) Training establishment.--The term ``training + establishment'' has the meaning given that term in section 3452(e) + of title 38, United States Code. + (6) Training.--The term ``training'' includes on-job training + and apprenticeship programs and vocational rehabilitation programs. +SEC. 1102. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL +ASSISTANCE BENEFITS DURING COVID-19 EMERGENCY. + (a) Authority.--If the Secretary of Veterans Affairs determines +under subsection (c) that an individual is negatively affected by the +COVID-19 emergency, the Secretary may provide educational assistance to +that individual under the laws administered by the Secretary as if such +negative effects did not occur. The authority under this section is in +addition to the authority provided under section 1 of Public Law 116- +128 (38 U.S.C. 3001 note prec.), but in no case may the Secretary +provide more than a total of four weeks of additional educational +assistance by reason of section 4 of the Student Veteran Coronavirus +Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3680 note) and this +section. + (b) Housing and Allowances.--In providing educational assistance to +an individual pursuant to subsection (a), the Secretary may-- + (1) continue to pay a monthly housing stipend under chapter 33 + of title 38, United States Code, during a month the individual + would have been enrolled in a program of education or training but + for the COVID-19 emergency at the same rate such stipend would have + been payable if the individual had not been negatively affected by + the COVID-19 emergency, except that the total number of weeks for + which stipends may continue to be so payable may not exceed four + weeks; and + (2) continue to pay payments or subsistence allowances under + chapters 30, 31, 32, 33, and 35 of such title and chapter 1606 of + title 10, United States Code, during a month for a period of time + that the individual would have been enrolled in a program of + education or training but for the COVID-19 emergency, except that + the total number of weeks for which payments or allowances may + continue to be so payable may not exceed four weeks. + (c) Determination of Negative Effects.--The Secretary shall +determine that an individual was negatively affected by the COVID-19 +emergency if-- + (1) the individual is enrolled in a covered program of + education of an educational institution or enrolled in training at + a training establishment and is pursuing such program or training + using educational assistance under the laws administered by the + Secretary; + (2) the educational institution or training establishment + certifies to the Secretary that such program or training is + truncated, delayed, relocated, canceled, partially canceled, + converted from being on-site to being offered by distance learning, + or otherwise modified or made unavailable by reason of the COVID-19 + emergency; and + (3) the Secretary determines that the modification to such + program or training specified under paragraph (2) would reduce the + amount of educational assistance (including with respect to monthly + housing stipends, payments, or subsistence allowances) that would + be payable to the individual but for the COVID-19 emergency. + (d) Effect on Entitlement Period.--If the Secretary determines that +an individual who received assistance under this section did not make +progress toward the completion of the program of education in which the +individual is enrolled during the period for which the individual +received such assistance, any assistance provided pursuant to this +section shall not be counted for purposes of determining the total +amount of an individual's entitlement to educational assistance, +housing stipends, or payments or subsistence allowances under chapters +30, 31, 32, and 35 of such title and chapter 1606 of title 10, United +States Code. + (e) Applicability Period.--This section shall apply during the +period beginning on March 1, 2020, and ending on December 21, 2021. +SEC. 1103. EFFECTS OF CLOSURE OF EDUCATIONAL INSTITUTION AND +MODIFICATION OF COURSES BY REASON OF COVID-19 EMERGENCY. + (a) Closure or Disapproval.--Any payment of educational assistance +described in subsection (b) shall not-- + (1) be charged against any entitlement to educational + assistance of the individual concerned; or + (2) be counted against the aggregate period for which section + 3695 of title 38, United States Code, limits the receipt of + educational assistance by such individual. + (b) Educational Assistance Described.--Subject to subsection (d), +the payment of educational assistance described in this subsection is +the payment of such assistance to an individual for pursuit of a course +or program of education at an educational institution under chapter 30, +31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of +title 10, United States Code, if the Secretary determines that the +individual-- + (1) was unable to complete such course or program as a result + of-- + (A) the closure of the educational institution, or the full + or partial cancellation of a course or program of education, by + reason of the COVID-19 emergency; or + (B) the disapproval of the course or a course that is a + necessary part of that program under chapter 36 of title 38, + United States Code, because the course was modified by reason + of such emergency; and + (2) did not receive credit or lost training time, toward + completion of the program of education being so pursued. + (c) Housing Assistance.--In this section, educational assistance +includes, as applicable-- + (1) monthly housing stipends payable under chapter 33 of title + 38, United States Code, for any month the individual would have + been enrolled in a course or program of education; and + (2) payments or subsistence allowances under chapters 30, 31, + 32, and 35 of such title and chapter 1606 of title 10, United + States Code, during a month the individual would have been enrolled + in a course or program of education. + (d) Period Not Charged.--The period for which, by reason of this +subsection, educational assistance is not charged against entitlement +or counted toward the applicable aggregate period under section 3695 of +title 38, United States Code, shall not exceed the aggregate of-- + (1) the portion of the period of enrollment in the course from + which the individual did not receive credit or with respect to + which the individual lost training time, as determined under + subsection (b)(2); and + (2) the period by which a monthly stipend is extended under + section 3680(a)(2)(B) of title 38, United States Code. + (e) Continuing Pursuit of Disapproved Courses.-- + (1) In general.--The Secretary may treat a course of education + that is disapproved under chapter 36 of title 38, United States + Code, as being approved under such chapter with respect to an + individual described in paragraph (2) if the Secretary determines, + on a programmatic basis, that-- + (A) such disapproval is the result of an action described + in subsection (b)(1)(B); and + (B) continuing pursuing such course is in the best interest + of the individual. + (2) Individual described.--An individual described in this + paragraph is an individual who is pursuing a course of education at + an educational institution under chapter 30, 31, 32, 33, or 35 of + title 38, United States Code, or chapter 1606 of title 10, United + States Code, as of the date on which the course is disapproved as + described in subsection (b)(1)(B). + (f) Status as Full-Time Student for Purposes of Housing Stipend +Calculation.--In the case of an individual who, as of the first day of +the COVID-19 emergency was enrolled on a full-time basis in a program +of education and was receiving educational assistance under chapter 33 +of title 38, United States Code, or subsistence allowance under chapter +31 of such title, and for whom the Secretary makes a determination +under subsection (b), the individual shall be treated as an individual +enrolled in a program of education on a full-time basis for the purpose +of calculating monthly housing stipends payable under chapter 33 of +title 38, United States Code, or subsistence allowance payable under +chapter 31 of such title, for any month the individual is enrolled in +the program of education on a part-time basis to complete any course of +education that was partially or fully canceled by reason of the COVID- +19 emergency. + (g) Notice of Closures.--Not later than 5 business days after the +date on which the Secretary receives notice that an educational +institution will close or is closed by reason of the COVID-19 +emergency, the Secretary shall provide to each individual who is +enrolled in a course or program of education at such educational +institution using entitlement to educational assistance under chapter +30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 +of title 10, United States Code, notice of-- + (1) such closure and the date of such closure; and + (2) the effect of such closure on the individual's entitlement + to educational assistance pursuant to this section. + (h) Applicability.--This section shall apply with respect to the +closure of an educational institution, or the cancellation or +modification of a course or program of education, that occurs during +the period beginning on March 1, 2020, and ending on December 21, 2021. +SEC. 1104. PAYMENT OF EDUCATIONAL ASSISTANCE IN CASES OF WITHDRAWAL. + (a) In General.--In the case of any individual who withdraws from a +program of education or training, other than a program by +correspondence, in an educational institution under chapter 31, 34, or +35 of title 38, United States Code, for a covered reason during the +period beginning on March 1, 2020, and ending on December 21, 2021, the +Secretary of Veterans Affairs shall find mitigating circumstances for +purposes of section 3680(a)(1)(C)(ii) of title 38, United States Code. + (b) Covered Reason.--In this section, the term ``covered reason'' +means any reason related to the COVID-19 emergency, including-- + (1) illness, quarantine, or social distancing requirements; + (2) issues associated with COVID-19 testing accessibility; + (3) access or availability of childcare; + (4) providing care for a family member or cohabitants; + (5) change of location or residence due to COVID-19 or + associated school closures; + (6) employment changes or financial hardship; and + (7) issues associated with changes in format or medium of + instruction. +SEC. 1105. MODIFICATION OF TIME LIMITATIONS ON USE OF ENTITLEMENT. + (a) Montgomery GI Bill.--The subsection (i) temporarily added to +section 3031 of title 38, United States Code, by subsection (a) of +section 6 of the Student Veteran Coronavirus Response Act of 2020 +(Public Law 116-140) is amended-- + (1) in paragraph (1), by striking ``the period the individual + is so prevented from pursuing such program'' and inserting ``the + period beginning on March 1, 2020, and ending on December 21, + 2021''; and + (2) in paragraph (2), by striking ``the first day after the + individual is able to resume pursuit of a program of education with + educational assistance under this chapter'' and inserting + ``December 22, 2021''. + (b) Vocational Rehabilitation and Training.--The subsection (g) +temporarily added to section 3103 of title 38, United States Code, by +subsection (c) of such section 6 is amended-- + (1) in paragraph (1), by striking ``the period the individual + is so prevented from participating such program'' and inserting + ``the period beginning on March 1, 2020, and ending on December 21, + 2021''; and + (2) in paragraph (2), by striking ``the first day after the + individual is able to resume participation in such program'' and + inserting ``December 22, 2021''. +SEC. 1106. APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS. + (a) In General.--During the period described in subsection (b), +subsection (e) of section 3687 of title 38, United States Code, shall +be applied by substituting the following for paragraph (2): + ``(2)(A) Subject to subparagraphs (B) and (C), for any month in + which an individual fails to complete 120 hours of training, the + entitlement otherwise chargeable under paragraph (1) shall be + reduced in the same proportion as the monthly training assistance + allowance payable is reduced under subsection (b)(3). + ``(B) In the case of an individual who is unemployed during any + month, the 120-hour requirement under subparagraph (A) for that + month shall be reduced proportionately to reflect the individual's + period of unemployment, except that the amount of monthly training + assistance otherwise payable to the individual under subsection + (b)(3) shall not be reduced. + ``(C) Any period during which an individual is unemployed shall + not-- + ``(i) be charged against any entitlement to educational + assistance of the individual; or + ``(ii) be counted against the aggregate period for which + section 3695 of this title limits the receipt of educational + assistance by such individual. + ``(D) Any amount by which the entitlement of an individual is + reduced under subparagraph (A) shall not-- + ``(i) be charged against any entitlement to educational + assistance of the individual; or + ``(ii) be counted against the aggregate period for which + section 3695 of this title limits the receipt of educational + assistance by such individual. + ``(E) In the case of an individual who fails to complete 120 + hours of training during a month, but who completed more than 120 + hours of training during the preceding month, the individual may + apply the number of hours in excess of 120 that the individual + completed for that month to the month for which the individual + failed to complete 120 hours. If the addition of such excess hours + results in a total of 120 hours or more, the individual shall be + treated as an individual who has completed 120 hours of training + for that month. Any excess hours applied to a different month under + this subparagraph may only be applied to one such month. + ``(F) This paragraph applies to amounts described in section + 3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section + 16131(d)(2) of title 10. + ``(G) In this paragraph: + ``(i) The term `unemployed' includes being furloughed or + being scheduled to work zero hours. + ``(ii) The term `fails to complete 120 hours of training' + means, with respect to an individual, that during any month, + the individual completes at least one hour, but fewer than 120 + hours, of training, including in a case in which the individual + is unemployed for part of, but not the whole, month.''. + (b) Applicability Period.--The period described in this section is +the period beginning on March 1, 2020, and ending on December 21, 2021. +SEC. 1107. INCLUSION OF TRAINING ESTABLISHMENTS IN CERTAIN PROVISIONS +RELATED TO COVID-19 EMERGENCY. + (a) Continuation of Benefits.--Section 1 of Public Law 116-128 is +amended-- + (1) in subsection (a), by inserting ``or a training + establishment'' after ``an educational institution''; and + (2) in subsection (c), by adding at the end the following new + paragraph: + ``(4) Training establishment.--The term `training + establishment' has the meaning given such term in section 3452(e) + of title 38, United States Code.''. + (b) Payment of Allowances.--Section 4(a)(1) of the Student Veteran +Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3680 +note) is amended by inserting ``or a training establishment'' after +``educational institution''. + (c) Prohibition of Charge to Entitlement.--The subparagraph (C) +temporarily added to section 3699(b)(1) of title 38, United States +Code, by section 5 of the Student Veteran Coronavirus Response Act of +2020 (Public Law 116-140; 38 U.S.C. 3699 note) is amended by inserting +``or training establishment'' after ``educational institution''. + (d) Extension of Time Limitations.-- + (1) MGIB.--The subsection (i) temporarily added to section 3031 + of title 38, United States Code, by subsection (a) of section 6 of + the Student Veteran Coronavirus Response Act of 2020 (Public Law + 116-140), as amended by section 1105 of this title, is further + amended by inserting ``or training establishment'' after + ``educational institution''. + (2) Transfer period.--The subparagraph (C) temporarily added to + section 3319(h)(5) of such title by section 6 of the Student + Veteran Coronavirus Response Act of 2020 (Public Law 116-140) is + amended by inserting ``or training establishment'' after + ``educational institution''. +SEC. 1108. TREATMENT OF PAYMENT OF ALLOWANCES UNDER STUDENT VETERAN +CORONAVIRUS RESPONSE ACT. + Section 4 of the Student Veteran Coronavirus Response Act of 2020 +(Public Law 116-140) is amended-- + (1) in subsection (b)-- + (A) by striking ``may not exceed four weeks.'' and + inserting ``may not exceed the shorter of the following:''; and + (B) by adding at the end the following new paragraphs: + ``(1) The period of time that the eligible veteran or eligible + person would have been enrolled in a program of education or + training but for the emergency situation. + ``(2) Four weeks.''; and + (2) by adding at the end the following new subsection: + ``(e) Entitlement Not Charged.--Any payment of allowances under +this section shall not-- + ``(1) be charged against any entitlement to educational + assistance of the eligible veteran or eligible person concerned; or + ``(2) be counted against the aggregate period for which section + 3695 of this title 38, United States Code, limits the receipt of + educational assistance by such eligible veteran or eligible + person.''. + + TITLE II--BENEFITS + Subtitle A--Benefits Generally + +SEC. 2001. REVISION OF DEFINITION OF VIETNAM ERA FOR PURPOSES OF THE +LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. + Section 101(29)(A) of title 38, United States Code, is amended by +striking ``February 28, 1961'' and inserting ``November 1, 1955''. +SEC. 2002. MATTERS RELATING TO DEPARTMENT OF VETERANS AFFAIRS MEDICAL +DISABILITY EXAMINATIONS. + (a) Temporary Clarification of Licensure Requirements for +Contractor Medical Professionals to Perform Medical Disability +Examinations for the Department of Veterans Affairs Under Pilot Program +for Use of Contract Physicians for Disability Examinations.-- + (1) In general.--Subsection (c) of section 504 of the Veterans' + Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. + 5101 note) is amended to read as follows: + ``(c) Licensure of Contract Health Care Professionals.-- + ``(1) In general.--Notwithstanding any law regarding the + licensure of health care professionals, a health care professional + described in paragraph (2) may conduct an examination pursuant to a + contract entered into under subsection (a) at any location in any + State, the District of Columbia, or a Commonwealth, territory, or + possession of the United States, so long as the examination is + within the scope of the authorized duties under such contract. + ``(2) Health care professional described.--A health care + professional described in this paragraph is a physician, physician + assistant, nurse practitioner, audiologist, or psychologist, who-- + ``(A) has a current unrestricted license to practice the + health care profession of the physician, physician assistant, + nurse practitioner, audiologist, or psychologist, as the case + may be; + ``(B) is not barred from practicing such health care + profession in any State, the District of Columbia, or a + Commonwealth, territory, or possession of the United States; + and + ``(C) is performing authorized duties for the Department of + Veterans Affairs pursuant to a contract entered into under + subsection (a).''. + (2) Purpose.--The purpose of the amendment made by paragraph + (1) is to expand the license portability for physicians assistants, + nurse practitioners, audiologists, and psychologists to supplement + the capacity of employees of the Department to provide medical + examinations described in subsection (b). + (3) Rule of construction.--The amendment made by paragraph (1) + shall not be construed to affect the license portability for + physicians in effect under section 504(c) of such Act as in effect + on the day before the date of the enactment of this Act. + (4) Sunset.--On the date that is three years after the date of + the enactment of this Act, subsection (c) of such section shall + read as it read on the day before the date of the enactment of this + Act. + (b) Temporary Halt on Elimination of Medical Examiner Positions in +Department of Veterans Affairs.--The Secretary of Veterans Affairs +shall temporarily suspend the efforts of the Secretary in effect on the +day before the date of the enactment of this Act to eliminate medical +examiner positions in the Department of Veterans Affairs until the +number of individuals awaiting a medical examination with respect to +medical disability of the individuals for benefits under laws +administered by the Secretary that are carried out through the Under +Secretary for Benefits is equal to or less than the number of such +individuals who were awaiting such a medical examination with respect +to such purposes on March 1, 2020. + (c) Report on Provision of Medical Examinations.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary shall submit to the + appropriate committees of Congress a report on the provision of + medical examinations described in subsection (b) by the Department. + (2) Contents.--The report submitted under paragraph (1) shall + cover the following: + (A) How the Secretary will increase the capacity, + efficiency, and timeliness of physician assistants, nurse + practitioners, audiologists, and psychologists of the Veterans + Health Administration with respect to completing medical + examinations described in subsection (b). + (B) The total number of full-time equivalent employees + among all physician assistants, nurse practitioners, + audiologists, and psychologists needed for the increases + described in subparagraph (A). + (C) An assessment regarding the importance of retaining a + critical knowledge base within the Department for performing + medical examinations for veterans filing claims for + compensation under chapters 11 and 13 of title 38, United + States Code, including with respect to military sexual trauma, + post-traumatic stress disorder, traumatic brain injury, and + toxic exposure. + (3) Collaboration.--The Secretary shall collaborate with the + veterans community and stakeholders in the preparation of the + report required by paragraph (1). + (4) Appropriate committees of congress defined.--In this + subsection, the term ``appropriate committees of Congress'' means-- + (A) the Committee on Veterans' Affairs and the Committee on + Appropriations of the Senate; and + (B) the Committee on Veterans' Affairs and the Committee on + Appropriations of the House of Representatives. + (d) Comptroller General of the United States Review.-- + (1) Review required.--Not later than 360 days after the date of + the enactment of this Act, the Comptroller General of the United + States shall commence a review of the implementation of the pilot + program authorized under subsection (a) of section 504 of the + Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 38 + U.S.C. 5101 note). + (2) Elements.--The review conducted under paragraph (1) shall + include the following: + (A) An assessment of the use of subsection (c) of section + 504 of such Act, as amended by subsection (a)(1) of this + section. + (B) Efforts to retain and recruit medical examiners as + employees of the Department. + (C) Use of telehealth for medical examinations described in + subsection (b) that are administered by the Department. + (e) Briefing on Recommendations of Comptroller General of the +United States.--Not later than 60 days after the date of the enactment +of this Act, the Secretary shall provide to the Committee on Veterans' +Affairs of the Senate and the Committee on Veterans' Affairs of the +House of Representatives a briefing on how the Secretary will implement +the recommendations of the Comptroller General of the United States +regarding-- + (1) the monitoring of the training of providers of examinations + pursuant to contracts under section 504 of the Veterans' Benefits + Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note); + and + (2) ensuring such providers receive such training. + (f) Holding Underperforming Contract Medical Examiners +Accountable.--The Secretary shall take such actions as may be necessary +to hold accountable the providers of medical examinations pursuant to +contracts under section 504 of the Veterans' Benefits Improvements Act +of 1996 (Public Law 104-275; 38 U.S.C. 5101 note) who are +underperforming in the meeting of the needs of veterans through the +performance of medical examinations pursuant to such contracts. +SEC. 2003. MEDAL OF HONOR SPECIAL PENSION FOR SURVIVING SPOUSES. + (a) Codification of Current Rate of Special Pension.--Subsection +(a) of section 1562 of title 38, United States Code, is amended by +striking ``$1,000'' and inserting ``$1,388.68''. + (b) Special Pension for Surviving Spouses.-- + (1) Surviving spouse benefit.--Such subsection is further + amended-- + (A) by inserting ``(1)'' after ``(a)''; and + (B) by adding at the end the following new paragraph: + ``(2)(A) Except as provided in subparagraphs (B) and (C), the +Secretary shall pay special pension under this section to the surviving +spouse of a person whose name has been entered on the Army, Navy, Air +Force, and Coast Guard Medal of Honor Roll and a copy of whose +certificate has been delivered to the Secretary under section 1134a(d) +of title 10. + ``(B) No special pension shall be paid to a surviving spouse of a +person under this section unless such surviving spouse was married to +such person-- + ``(i) for one year or more prior to the veteran's death; or + ``(ii) for any period of time if a child was born of the + marriage, or was born to them before the marriage. + ``(C) No special pension shall be paid to a surviving spouse of a +person under this section if such surviving spouse is receiving +benefits under section 1311 or 1318 of this title.''. + (2) Conforming amendments.-- + (A) In general.--Such section is amended-- + (i) in subsection (d), by inserting ``or married to + more than one person who has been awarded a medal of + honor,'' after ``honor,''; and + (ii) in subsection (f)(1), by striking ``this section'' + and inserting ``paragraph (1) of subsection (a), or under + paragraph (2) of such subsection in the case of a + posthumous entry on the Army, Navy, Air Force, and Coast + Guard Medal of Honor Roll,''. + (B) Special provisions relating to marriages.--Section + 103(d)(5) of such title is amended by adding at the end the + following new subparagraph: + ``(E) Section 1562(a)(2), relating to Medal of Honor special + pension.''. + (3) Effective date.--The amendments made by this subsection + shall apply with respect to payment of pension under section 1562 + of title 38, United States Code, for months beginning after the + date of the enactment of this Act. +SEC. 2004. MODERNIZATION OF SERVICE-DISABLED VETERANS INSURANCE. + (a) Establishment of Modernized Program.-- + (1) In general.--Chapter 19 of title 38, United States Code, is + amended by inserting after section 1922A the following new section: +``Sec. 1922B. Service-disabled veterans insurance + ``(a) Insurance.--(1) Beginning January 1, 2023, the Secretary +shall carry out a service-disabled veterans insurance program under +which a veteran is granted insurance by the United States against the +death of such individual occurring while such insurance is in force. + ``(2) The Secretary may only issue whole-life policies under the +insurance program under paragraph (1). + ``(3) The Secretary may not grant insurance to a veteran under +paragraph (1) unless-- + ``(A) the veteran submits the application for such insurance + before the veteran attains 81 years of age; or + ``(B) with respect to a veteran who has attained 81 years of + age-- + ``(i) the veteran filed a claim for compensation under + chapter 11 of this title before attaining such age; + ``(ii) based on such claim, and after the veteran attained + such age, the Secretary first determines that the veteran has a + service-connected disability; and + ``(iii) the veteran submits the application for such + insurance during the two-year period following the date of such + determination. + ``(4)(A) A veteran enrolled in the insurance program under +paragraph (1) may elect to be insured in any of the following amounts: + ``(i) $10,000. + ``(ii) $20,000. + ``(iii) $30,000. + ``(iv) $40,000. + ``(v) In accordance with subparagraph (B), a maximum amount + greater than $40,000. + ``(B) The Secretary may establish a maximum amount to be insured +under paragraph (1) that is greater than $40,000 if the Secretary-- + ``(i) determines that such maximum amount and the premiums for + such amount-- + ``(I) are administratively and actuarially sound for the + insurance program under paragraph (1); and + ``(II) will not result in such program operating at a loss; + and + ``(ii) publishes in the Federal Register, and submits to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives, such maximum + amount and determination. + ``(5)(A)(i) Insurance granted under this section shall be on a +nonparticipating basis and all premiums and other collections therefor +shall be credited directly to a revolving fund in the Treasury of the +United States. + ``(ii) Any payments on such insurance shall be made directly from +such fund. + ``(B)(i) The Secretary of the Treasury may invest in and sell and +retire special interest-bearing obligations of the United States for +the account of the revolving fund under subparagraph (A). + ``(ii) Such obligations issued for that purpose shall-- + ``(I) have maturities fixed with due regard for the needs of + the fund; and + ``(II) bear interest at a rate equal to the average market + yield (computed by the Secretary of the Treasury on the basis of + market quotations as of the end of the calendar month preceding the + date of issue) on all marketable interest-bearing obligations of + the United States then forming a part of the public debt which are + not due or callable until after the expiration of four years from + the end of such calendar month; except that where such average + market yield is not a multiple of one-eighth of one per centum, the + rate of interest of such obligation shall be the multiple of one- + eighth of one per centum nearest such market yield. + ``(6)(A) Administrative support financed by the appropriations for +`General Operating Expenses, Department of Veterans Affairs' and +`Information Technology Systems, Department of Veterans Affairs' for +the insurance program under paragraph (1) shall be paid from premiums +credited to the fund under paragraph (5). + ``(B) Such payment for administrative support shall be reimbursed +for that fiscal year from funds that are available on such insurance +after claims have been paid. + ``(b) Eligibility.--A veteran is eligible to enroll in the +insurance program under subsection (a)(1) if the veteran has a service- +connected disability, without regard to-- + ``(1) whether such disability is compensable under chapter 11 + of this title; or + ``(2) whether the veteran meets standards of good health + required for other life insurance policies. + ``(c) Enrollment and Waiting Period.--(1) An eligible veteran may +enroll in the insurance program under subsection (a)(1) at any time. + ``(2) The life insurance policy of a veteran who enrolls in the +insurance program under subsection (a)(1) does not go into force +unless-- + ``(A) a period of two years elapses following the date of such + enrollment; and + ``(B) the veteran pays the premiums required during such two- + year period. + ``(3)(A) If a veteran dies during the two-year period described in +paragraph (2), the Secretary shall pay to the beneficiary of the +veteran the amount of premiums paid by the veteran under this section, +plus interest. + ``(B) The Secretary-- + ``(i) for the initial year of the insurance program under + subsection (a)(1)-- + ``(I) shall set such interest at a rate of one percent; and + ``(II) may adjust such rate during such year based on + program experience, except that the interest rate may not be + less than zero percent; + ``(ii) for the second and each subsequent year of the program, + shall calculate such interest at an annual rate equal to the rate + of return on the revolving fund under subsection (a)(5) for the + calendar year preceding the year of the veteran's death, except + that the interest rate may not be less than zero percent; and + ``(iii) on an annual basis, shall publish on the internet + website of the Department the average interest rate calculated + under clause (ii) for the preceding calendar year. + ``(d) Premiums.--(1) The Secretary shall establish a schedule of +basic premium rates by age per $10,000 of insurance under subsection +(a)(1) consistent with basic premium rates generally charged for +guaranteed acceptance life insurance policies by private life insurance +companies. + ``(2) The Secretary may adjust such schedule after the first policy +year in a manner consistent with the general practice of guaranteed +acceptance life insurance policies issued by private life insurance +companies. + ``(3) Section 1912 of this title shall not apply to life insurance +policies under subsection (a)(1), and the Secretary may not otherwise +waive premiums for such insurance policies. + ``(e) Beneficiaries.--(1) A veteran who enrolls in the insurance +program under subsection (a)(1) may designate a beneficiary of the life +insurance policy. + ``(2) If a veteran enrolled in the insurance program under +subsection (a)(1) does not designate a beneficiary under paragraph (1) +before the veteran dies, or if a designated beneficiary predeceases the +veteran, the Secretary shall determine the beneficiary in the following +order: + ``(A) The surviving spouse of the veteran. + ``(B) The children of the veteran and descendants of deceased + children by representation. + ``(C) The parents of the veteran or the survivors of the + parents. + ``(D) The duly appointed executor or administrator of the + estate of the veteran. + ``(E) Other next of kin of the veteran entitled under the laws + of domicile of the veteran at the time of the death of the veteran. + ``(f) Claims.--(1) If the deceased veteran designated a beneficiary +under subsection (e)(1)-- + ``(A) the designated beneficiary is the only person who may + file a claim for payment under subsection (g) during the one-year + period beginning on the date of the death of the veteran; and + ``(B) if the designated beneficiary does not file a claim for + the payment during the period described in paragraph (1), or if + payment to the designated beneficiary within that period is + prohibited by Federal statute or regulation, a beneficiary + described in subsection (e)(2) may file a claim for such payment + during the one-year period following the period described in + subparagraph (A) as if the designated beneficiary had predeceased + the veteran. + ``(2) If the deceased veteran did not designate a beneficiary under +subsection (e)(1), or if the designated beneficiary predeceased the +veteran, a beneficiary described in subsection (e)(2) may file a claim +for payment under subsection (g) during the two-year period beginning +on the date of the death of the veteran. + ``(3) If, on the date that is two years after the date of the death +of the veteran, no claim for payment has been filed by any beneficiary +pursuant to paragraph (1) or (2), and the Secretary has not received +notice that any such claim will be so filed during the subsequent one- +year period, the Secretary may make the payment to a claimant whom the +Secretary determines to be equitably entitled to such payment. + ``(g) Payments.--(1) In a case described in subsection (f)-- + ``(A) in paragraph (1)(A), the Secretary shall pay the + designated beneficiary not later than 90 days after the designated + beneficiary files a complete and valid claim for payment; + ``(B) in paragraph (1)(B) or (2), the Secretary shall make any + payment not later than one year after the end of the period + described in the applicable such paragraph, if the Secretary + receives a complete and valid claim for payment in accordance with + the applicable such paragraph; or + ``(C) in paragraph (3), the Secretary shall make any payment + not later than one year after the end of the period described in + such paragraph, if the Secretary receives a complete and valid + claim for payment. + ``(2) In a case where the Secretary has not made an insurance +payment under this section during the applicable period specified in +paragraph (1) by reason of a beneficiary not yet having filed a claim, +or the Secretary not yet making a determination under subsection +(f)(3), the Secretary may make the payment after such applicable +period. + ``(3) Notwithstanding section 1917 of this title, the Secretary +shall make an insurance payment under this section in a lump sum. + ``(4) The Secretary may not make an insurance payment under this +section if such payment will escheat to a State. + ``(5) Any payment under this subsection shall be a bar to recovery +by any other person.''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter is amended by inserting after the item relating to + section 1922A the following new item: + +``1922B. Service-disabled veterans insurance.''. + + (b) Sunset of Previous Program and Transition.-- + (1) S-DVI.--Section 1922 of such title is amended by adding at + the end the following new subsection: + ``(d)(1) The Secretary may not accept any application by a veteran +to be insured under this section after December 31, 2022. + ``(2)(A) During the period beginning January 1, 2023, and ending +December 31, 2025, a veteran who is insured under this section may +elect to instead be insured under section 1922B of this title based on +the age of the veteran at the time of such election. + ``(B)(i) A veteran who elects under subparagraph (A) to be insured +under section 1922B of this title shall be subject to the two-year +waiting period specified in subsection (c) of such section. + ``(ii) If the veteran dies during such period, the Secretary shall +pay the beneficiary under this section, and, if applicable, under +section 1922A, plus the amount of premiums paid by the veteran under +such section 1922B, plus interest. + ``(3) Except as provided by paragraph (2)(B), a veteran may not be +insured under this section and section 1922B simultaneously.''. + (2) Supplemental s-dvi.--Section 1922A(b) of such title is + amended by adding after the period at the end the following: ``The + Secretary may not accept any such application after December 31, + 2022. Except as provided by section 1922(d)(2)(B), a veteran may + not have supplemental insurance under this section and be insured + under section 1922B simultaneously.''. + (c) Conforming Amendments.--Chapter 19 of such title is amended-- + (1) in the section heading of section 1922, by striking + ``Service'' and inserting ``Legacy service''; + (2) in the section heading of section 1922A, by striking + ``Supplemental'' and inserting ``Legacy supplemental''; and + (3) in the table of sections at the beginning of such chapter + by striking the items relating to sections 1922 and 1922A and + inserting the following new items: + +``1922. Legacy service disabled veterans' insurance. +``1922A. Legacy supplemental service disabled veterans' insurance for + totally disabled veterans.''. +SEC. 2005. DENIAL OF CLAIMS FOR TRAUMATIC INJURY PROTECTION UNDER +SERVICEMEMBERS' GROUP LIFE INSURANCE. + Section 1980A of title 38, United States Code, is amended by adding +at the end the following new subsection: + ``(l)(1) If a claim for benefits under this section is denied, the +Secretary concerned shall provide to the member at the same time as the +member is informed of such denial a description of the following: + ``(A) Each reason for that denial, including a description of + all the information upon which the denial is based and a + description of the applicable laws, regulations, or policies, with + appropriate citations, and an explanation of how such laws, + regulations, or policies affected the denial. + ``(B) Each finding that is favorable to the member. + ``(2) Any finding favorable to the member as described in paragraph +(1)(B) shall be binding on all subsequent reviews or appeals of the +denial of the claim, unless clear and convincing evidence is shown to +the contrary to rebut such favorable finding.''. +SEC. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT +QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS AFFAIRS. + (a) In General.--Section 5101 of title 38, United States Code, is +amended-- + (1) by redesignating subsection (d) as subsection (e); and + (2) by inserting after subsection (c) the following new + subsection (d): + ``(d)(1) The Secretary shall publish in a central location on the +internet website of the Department-- + ``(A) the disability benefit questionnaire forms of the + Department for the submittal of evidence from non-Department + medical providers regarding a disability of a claimant, including + any form or process that replaces any such disability benefit + questionnaire form; and + ``(B) details about the process used by the Department for + submittal of evidence described in subparagraph (A). + ``(2) Subject to section 6103 of this title, if the Secretary +updates a form described in paragraph (1)(A), the Secretary shall-- + ``(A) accept the previous version of the form filed by a + claimant if-- + ``(i) the claimant provided to the non-Department medical + provider the previous version of the form before the date on + which the updated version of the form was made available; and + ``(ii) the claimant files the previous version of the form + during the one-year period following the date the form was + completed by the non-Department medical provider; + ``(B) request from the claimant (or from a non-Department + medical provider if the claimant has authorized the provider to + share health information with the Secretary) any other information + that the updated version of the form requires; and + ``(C) apply the laws and regulations required to adjudicate the + claim as if the claimant filed the updated version of the form. + ``(3) The Secretary may waive any interagency approval process +required to approve a modification to a disability benefit +questionnaire form if such requirement only applies by reason of the +forms being made public.''. + (b) Reports by Inspector General of the Department of Veterans +Affairs.--Not less frequently than once each year through 2023, the +Inspector General of the Department of Veterans Affairs shall submit to +Congress a report on the findings of the Inspector General with respect +to the use of the forms published under section 5101(d)(1) of such +title, as added by subsection (a). + (c) Initial Form.--The Secretary of Veterans Affairs shall begin +carrying out section 5101(d)(1) of such title, as added by subsection +(a), by publishing, as described in such section, the form described in +such section that was in effect on January 1, 2020. + (d) Alternate Process.-- + (1) Assessment and report.-- + (A) In general.--Subject to paragraph (2), not later than + 180 days after the date of the enactment of this act, the + Secretary shall-- + (i) assess the feasibility and advisability of + replacing disability benefit questionnaire forms that are + used by non-Department medical providers to submit to the + Secretary evidence regarding a disability of a claimant for + benefits under laws administered by the Secretary, with + another consistent process that considers evidence equally, + whether provided by a Department or a non-Department + medical provider; and + (ii) submit to Congress-- + + (I) a report on the findings of the Secretary with + respect to the assessment conducted under clause (i); + and + (II) if the report submitted under subclause (I) of + this clause includes a finding that replacing the + disability benefit questionnaire forms described in + clause (i) as described in such clause is feasible and + advisable, a plan to replace such forms as described in + such clause. + + (B) Collaboration required.--If, in carrying out the + assessment required by clause (i) of subparagraph (A), the + Secretary determines that replacing the disability benefit + questionnaire forms described in such clause as described in + such clause is feasible and advisable, the Secretary shall + collaborate with, partner with, and consider the advice of + veterans service organizations, and such other stakeholders as + the Secretary considers appropriate, on the replacement forms + and process for submitting such forms. + (2) Requirements.--The Secretary may only determine under + paragraph (1)(A) that replacing the forms described in such + paragraph is feasible and advisable if the Secretary certifies + that-- + (A) it is in the best interest of veterans to do so; + (B) the replacement process would include all the medical + information needed to adjudicate a claim for benefits under + laws administered by the Secretary; and + (C) the new process will ensure that all medical + information provided will be considered equally, whether it is + provided by a Department medical provider or a non-Department + medical provider. + (3) Implementation.-- + (A) In general.--Subject to subparagraph (B), if the + Secretary determines under paragraph (1)(A) that replacing the + forms as described in such paragraph is feasible and advisable, + the Secretary shall, not later than two years after the date on + which the Secretary submits the report under paragraph + (1)(B)(i)-- + (i) replace the forms as described in paragraph (1)(A); + (ii) publish such replacement pursuant to subparagraph + (A) of section 5101(d)(1), as added by subsection (a)(2); + and + (iii) update the details under subparagraph (B) of such + section. + (B) Reports by inspector general of the department of + veterans affairs.--If the Secretary replaces the forms under + subparagraph (A), the Inspector General of the Department of + Veterans Affairs shall, not later than one year after the date + that the Secretary replaces such forms and not less frequently + than once each year thereafter until the date that is three + years after the date on which the Secretary replaces such + forms, submit to Congress a report on the process that replaced + such forms that ascertains whether the process properly + protects veterans. + (4) Limitation.--The Secretary may not discontinue the use of + the disability benefit questionnaire forms described in paragraph + (1)(A) until a replacement form or process is implemented. + (e) Rule of Construction.--Nothing in this section or section +5101(d) of such title, as added by subsection (a), may be construed to +require the Secretary to develop any new information technology system +or otherwise require the Secretary to make any significant changes to +the internet website of the Department. +SEC. 2007. THRESHOLD FOR REPORTING DEBTS TO CONSUMER REPORTING +AGENCIES. + (a) In General.--Chapter 53 of title 38, United States Code, is +amended by adding after section 5319 the following new section: +``Sec. 5320. Threshold for reporting debts to consumer reporting + agencies + ``The Secretary shall prescribe regulations that establish the +minimum amount of a claim or debt, arising from a benefit administered +by the Under Secretary for Benefits or Under Secretary for Health, that +the Secretary will report to a consumer reporting agency under section +3711 of title 31.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding after the item relating to section +5319 the following new item: + +``5320.Threshold for reporting debts to consumer reporting agencies.''. + + (c) Deadline.--The Secretary of Veterans Affairs shall prescribe +regulations under section 5320 of such title, as added by subsection +(a), not later than 180 days after the date of the enactment of this +Act. +SEC. 2008. REMOVAL OF DEPENDENTS FROM AWARD OF COMPENSATION OR PENSION. + Beginning not later than 90 days after the date of the enactment of +this Act, the Secretary of Veterans Affairs shall ensure that-- + (1) the recipient of an award of compensation or pension may + remove any dependent from an award of compensation or pension to + the individual using the eBenefits system of the Department of + Veterans Affairs, or a successor system; and + (2) such removal takes effect not later than 60 days after the + date on which the recipient elects such removal. +SEC. 2009. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION FOR +SURVIVING SPOUSES WHO REMARRY AFTER AGE 55. + Section 103(d)(2)(B) of title 38, United States Code, is amended in +the second sentence by inserting ``chapter 13 or'' after ``benefits +under''. +SEC. 2010. STUDY ON EXPOSURE BY MEMBERS OF THE ARMED FORCES TO +TOXICANTS AT KARSHI-KHANABAD AIR BASE IN UZBEKISTAN. + (a) Agreement and Study.--Not later than 60 days after the date of +the enactment of this Act, the Secretary of Veterans Affairs shall +enter into an agreement with the Administrator of the Agency for Toxic +Substances and Disease Registry for the Administrator to complete, not +later than 10 years after the date of the enactment of this Act, a +study to identify-- + (1) incidents of cancer and other diseases or illnesses + experienced by individuals who served in the active military, + naval, or air service (as defined in section 101 of title 38, + United States Code) in the covered location set forth under + subsection (b) during the corresponding period set forth under such + subsection; and + (2) a list of toxic substances, chemicals, ionizing radiation, + and airborne hazards such individuals may have been exposed to + during such service. + (b) Covered Location and Corresponding Period.--The covered +location and corresponding period set forth under this subsection are +Karshi-Khanabad (K2) Air Base in Uzbekistan and the period beginning on +October 1, 2001, and ending on September 30, 2005. + (c) Elements.--The study conducted under subsection (a) shall +include the following: + (1) An assessment regarding the conditions of the covered + location set forth under subsection (b), including an + identification of toxic substances, chemicals, ionizing radiation, + and airborne hazards contaminating such covered location during + such corresponding period. + (2) An epidemiological study of the health consequences of the + service described in subsection (a) to the individuals described in + such subsection. + (d) Support for Study.-- + (1) In general.--The Secretary shall provide the Administrator + with assistance in carrying out the study required by subsection + (a), including by gathering such information as the Administrator + may consider useful in carrying out the study. + (2) Obtaining information concerning exposure.--Assistance + under paragraph (1) provided by the Secretary of Veterans Affairs + shall include compiling information on exposure described in + subsection (a)(2) and the Secretary of Defense shall provide to the + Secretary of Veterans Affairs such information concerning such + exposure as the Secretary of Veterans Affairs considers appropriate + for purposes of the study required by subsection (a), including + environmental sampling data relative to any location covered by the + study. + (e) Biennial Updates.--No later than the date that is two years +after the date of the enactment of this Act and not less frequently +than once every two years thereafter until the date on which the study +required by subsection (a) is completed, the Administrator shall submit +to the appropriate committees of Congress updates on the status of the +matters covered by such study, including any preliminary findings of +the Administrator. + (f) Final Report.--Not later than 60 days after the date on which +the study required by subsection (a) is completed, the Administrator +shall submit to the appropriate committees of Congress a report on the +findings of the Administrator with respect to such study. + (g) Inclusion of Uzbekistan in Certain Registries and Programs.-- +Section 201(c)(2) of the Dignified Burial and Other Veterans' Benefits +Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note) is +amended, in the matter preceding subparagraph (A), by striking +``Afghanistan or Iraq'' and inserting ``Afghanistan, Iraq, or +Uzbekistan''. + (h) Depleted Uranium Follow-up Programs.--The Secretary of Veterans +Affairs shall ensure that any individual who deployed as a member of +the Armed Forces to the covered location set forth in subsection (b) +during the corresponding period set forth in such subsection is covered +by the Depleted Uranium Follow-up Programs of the Department of +Veterans Affairs. + (i) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Veterans' Affairs and the Committee on + Armed Services of the Senate; and + (2) the Committee on Veterans' Affairs and the Committee on + Armed Services of the House of Representatives. +SEC. 2011. COMPTROLLER GENERAL BRIEFING AND REPORT ON REPEALING +MANIFESTATION PERIOD FOR PRESUMPTIONS OF SERVICE CONNECTION FOR CERTAIN +DISEASES ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE AGENTS. + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Comptroller General of the United States +shall provide to the Committee on Veterans' Affairs of the Senate and +the Committee on Veterans' Affairs of the House of Representatives a +briefing on preliminary observations of the Comptroller General, and +not later than 240 days after the date of such briefing, provide such +committees a briefing and submit to such committees a final report, on +the efforts of the Secretary of Veterans Affairs to provide benefits, +including compensation and health care, to veterans-- + (1) who during active military, naval, or air service, served + in the Republic of Vietnam during the period beginning on January + 9, 1962, and ending on May 7, 1975; and + (2) in whom chloracne, porphyria cutanea tarda, or acute or + subacute peripheral neuropathy have manifested. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A description of how the Secretary establishes a service + connection for a diseases described in paragraph (2) of subsection + (a) manifesting in veterans, including the number of veterans + described in paragraph (1) of such subsection who have filed a + claim for a benefit associated with a disease described in + paragraph (2) of such subsection. + (2) A description of how claims adjudicators of the Department + of Veterans Affairs determine service connection for a disease + described in subparagraph (C) or (E) of section 1116(a)(2) of title + 38, United States Code, when documentation proving the presence of + the disease during the manifestation period set forth in such + subparagraphs for the disease is not available. + (3) A description of the expected effect of repealing the + manifestation period from such subparagraphs, including the + expected effect on the number of claims for benefits the Department + will receive, an estimate of the cost to the Department of such + repeal, and a review of the scientific evidence regarding such + repeal. + (4) A review of all claims submitted to the Secretary for + compensation under chapter 11 of such title that are associated + with a disease described in subsection (a)(2), including the type + of proof presented to establish a service connection for the + manifestation of the disease based on exposure to a herbicide + agent. + (5) Recommendations on how the Department can better adjudicate + claims for benefits, including compensation, submitted to the + Department that are associated with a disease described in + paragraph (2) of subsection (a) for veterans described in paragraph + (1) of such subsection. + (6) An assessment of such other areas as the Comptroller + General considers appropriate to study. + (c) Administrative Action.--Not later than 120 days after the date +on which the Comptroller General of the United States submits the +report required under subsection (a), the Secretary shall commence +carrying out the recommendations submitted under subsection (b)(5) to +the degree that the Secretary is authorized to carry out the +recommendations by a statute that was in effect on the day before the +date of the enactment of this Act. + (d) Herbicide Agent Defined.--In this section, the term ``herbicide +agent'' has the meaning given such term in section 1116(a)(3) of title +38, United States Code. +SEC. 2012. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO +USE INCOME INFORMATION FROM OTHER AGENCIES. + Section 5317(g) of title 38, United States Code, is amended by +striking ``September 30, 2027'' and inserting ``September 30, 2030''. +SEC. 2013. EXTENSION ON CERTAIN LIMITS ON PAYMENTS OF PENSION. + Section 5503(d)(7) of title 38, United States Code, is amended by +striking ``September 30, 2028'' and inserting ``October 30, 2028''. + + Subtitle B--Housing + +SEC. 2101. ELIGIBILITY OF CERTAIN MEMBERS OF THE RESERVE COMPONENTS OF +THE ARMED FORCES FOR HOME LOANS FROM THE SECRETARY OF VETERANS AFFAIRS. + (a) Expansion of Definition of Veteran for Purposes of Home +Loans.--Section 3701(b) of title 38, United States Code, is amended by +adding at the end the following new paragraph: + ``(7) The term `veteran' also includes, for purposes of home + loans, an individual who performed full-time National Guard duty + (as that term is defined in section 101 of title 10) for a period-- + ``(A) of not less than 90 cumulative days; and + ``(B) that includes 30 consecutive days.''. + (b) Expansion of Eligibility.--Section 3702(a)(2) of such title is +amended by adding at the end the following new subparagraph: + ``(G) Each individual described in section 3701(b)(7) of this + title.''. + (c) Retroactive Applicability.--The amendments made by this section +shall apply with respect to full-time National Guard duty (as defined +in section 101 of title 10, United States Code) performed before, on, +or after the date of the enactment of this Act. +SEC. 2102. REDUCING LOAN FEES FOR CERTAIN VETERANS AFFECTED BY MAJOR +DISASTERS. + Section 3729(b)(4) of title 38, United States Code, is amended-- + (1) by amending subparagraph (D) to read as follows: + ``(D)(i) The term `initial loan' means a loan to a veteran + guaranteed under section 3710 or made under section 3711 of this + title if the veteran has never obtained a loan guaranteed under + section 3710 or made under section 3711 of this title. + ``(ii) If a veteran has obtained a loan guaranteed under + section 3710 or made under section 3711 of this title and the + dwelling securing such loan was substantially damaged or destroyed + by a major disaster declared by the President under section 401 of + the Robert T. Stafford Disaster Relief and Emergency Assistance Act + (42 U.S.C. 5170), the Secretary shall treat as an initial loan, as + defined in clause (i), the next loan the Secretary guarantees or + makes to such veteran under section 3710 or 3711, respectively, + if-- + ``(I) such loan is guaranteed or made before the date that + is three years after the date on which the dwelling was + substantially damaged or destroyed; and + ``(II) such loan is only for repairs or construction of the + dwelling, as determined by the Secretary.''; and + (2) in subparagraph (E), by striking ``if the veteran has + previously obtained a loan guaranteed under section 3710 or made + under section 3711 of this title'' and inserting ``that is not an + initial loan''. +SEC. 2103. EXTENSION OF CERTAIN HOUSING LOAN FEES. + Section 3729(b)(2) of title 38, United States Code, is amended by +striking ``October 1, 2029'' each place it appears and inserting +``October 1, 2030''. +SEC. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED HOUSING +ASSISTANCE. + Section 2102 of title 38, United States Code, is amended by adding +at the end the following new subsection: + ``(g)(1) Whenever the Secretary finds that an overpayment has been +made to, or on behalf of, a person described in paragraph (2), the +Secretary shall determine-- + ``(A) the amounts to recover, if any; and + ``(B) who is liable to the United States for such overpayment. + ``(2) A person described in this paragraph is any of the following: + ``(A) An individual who applied for assistance-- + ``(i) under this chapter; or + ``(ii) under chapter 31 of this title who is pursuing a + rehabilitation program under such chapter in acquiring + adaptations to a residence. + ``(B) An owner or seller of real estate used, or intended to be + used, in connection with assistance under this chapter. + ``(C) A builder, contractor, supplier, tradesperson, + corporation, trust, partnership, or other person, who provided + services or goods relating to assistance under this chapter. + ``(D) An attorney, escrow agent, or financial institution, that + receives, or holds in escrow, funds relating to assistance under + this chapter. + ``(E) A surviving spouse, heir, assignee, or successor in + interest of or to, any person described in this paragraph. + ``(3)(A) Any overpayment referred to in this subsection may be +recovered in the same manner as any other debt due the United States. + ``(B) In recovering the overpayment, the Secretary may charge +administrative costs, fees, and interest, as appropriate, in a manner +similar to the authority under section 5315 of this title. + ``(4)(A) The recovery of any overpayment referred to in this +subsection may be waived by the Secretary. + ``(B) Waiver of any such overpayment as to a person described in +paragraph (2) shall in no way release any other person described in +such paragraph from liability. + ``(5) The Secretary shall waive recovery under this subsection of +any overpayment to a person described in paragraph (2)(A), or a +dependent or survivor of such person, that arises from administrative +error described in paragraph (7)(A). + ``(6) Nothing in this subsection shall be construed as precluding +the imposition of any civil or criminal liability under this title or +any other law. + ``(7) The Secretary shall prescribe in regulations what constitutes +an overpayment for the purposes of this subsection, which, at a +minimum, shall include-- + ``(A) administrative error that results in an individual + receiving assistance to which that individual is not entitled; + ``(B) the failure of any person described in paragraph (2) to-- + ``(i) perform or allow to be performed any act relating to + assistance under this chapter; or + ``(ii) compensate any party performing services or + supplying goods relating to assistance under this chapter; and + ``(C) any disbursement of funds relating to assistance under + this chapter, that, in the sole discretion of the Secretary, + constitutes a misuse of such assistance. + ``(8) Prior to collecting an overpayment under this subsection, the +Secretary shall provide to the person whom the Secretary has determined +liable for such overpayment-- + ``(A) notice of the finding by the Secretary of such + overpayment; + ``(B) a reasonable opportunity for such person to remedy the + circumstances that effectuated the overpayment; and + ``(C) a reasonable opportunity for such person to present + evidence to the Secretary that an overpayment was not made. + ``(9) For the purposes of section 511 of this title, a decision to +collect an overpayment from a person other than a person described in +paragraph (2)(A), or a dependent or survivor of such person, may not be +treated as a decision that affects the provision of benefits.''. + + Subtitle C--Burial Matters + +SEC. 2201. TRANSPORTATION OF DECEASED VETERANS TO VETERANS' CEMETERIES. + (a) In General.--Subsection (a) of section 2308 of title 38, United +States Code, is amended by striking ``in a national cemetery'' and +inserting ``in a national cemetery or a covered veterans' cemetery''. + (b) Covered Veterans' Cemetery Defined.--Section 2308 of such title +is amended by adding at the end the following new subsection: + ``(c) Covered Veterans' Cemetery Defined.--In this section, the +term `covered veterans' cemetery' means a veterans' cemetery-- + ``(1) in which a deceased veteran described in subsection (b) + is eligible to be buried; + ``(2) that-- + ``(A) is owned by a State; or + ``(B) is on trust land owned by, or held in trust for, a + tribal organization; and + ``(3) for which the Secretary has made a grant under section + 2408 of this title.''. + (c) Conforming Amendment.--Section 2308 of such title is amended in +the section heading by adding at the end the following: ``or a covered +veterans' cemetery''. + (d) Clerical Amendment.--The table of sections at the beginning of +chapter 23 of such title is amended by striking the item relating to +section 2308 and inserting the following new item: + +``2308. Transportation of deceased veteran to a national cemetery or a + covered veterans' cemetery.''. + + (e) Effective Date.--The amendments made by this section shall take +effect on the date that is two years after the date of the enactment of +this Act. +SEC. 2202. INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS ADMINISTERED +BY THE SECRETARY OF VETERANS AFFAIRS. + (a) Funeral Expenses for Non-service-connected Disabilities.-- +Chapter 23 of title 38, United States Code, is amended as follows: + (1) By transferring subsection (b) of section 2302 to the end + of section 2303 and redesignating such subsection as subsection + (d). + (2) By striking section 2302. + (3) In section 2303-- + (A) in the section heading, by striking ``Death in + Department facility'' and inserting ``Death from non-service- + connected disability''; and + (B) in subsection (a)-- + (i) in paragraph (1), by striking ``a veteran dies in a + facility described in paragraph (2)'' and inserting ``a + veteran described in paragraph (2) dies''; + (ii) by striking paragraph (2) and inserting the + following new paragraph (2): + ``(2) A veteran described in this paragraph is a deceased veteran +who is not covered by section 2307 of this title and who meets any of +the following criteria: + ``(A) The deceased veteran dies in-- + ``(i) a facility of the Department (as defined in section + 1701(3) of this title) to which the deceased veteran was + properly admitted for hospital, nursing home, or domiciliary + care under section 1710 or 1711(a) of this title; or + ``(ii) an institution at which the deceased veteran was, at + the time of death, receiving-- + ``(I) hospital care in accordance with sections 1703A, + 8111, and 8153 of this title; + ``(II) nursing home care under section 1720 of this + title; or + ``(III) nursing home care for which payments are made + under section 1741 of this title. + ``(B) At the time of death, the deceased veteran (including a + person who died during a period deemed to be active military, + naval, or air service under section 106(c) of this title) is in + receipt of compensation under chapter 11 of this title (or but for + the receipt of retirement pay would have been entitled to such + compensation) or was in receipt of pension under chapter 15 of this + title. + ``(C) The Secretary determines-- + ``(i) the deceased veteran (including a person who died + during a period deemed to be active military, naval, or air + service under section 106(c) of this title) has no next of kin + or other person claiming the body of the deceased veteran; and + ``(ii) that there are not available sufficient resources to + cover burial and funeral expenses.''; + (iii) in subsection (b)-- + + (I) in the matter preceding paragraph (1), by + striking ``section 2302 of this title and''; and + (II) in paragraph (2), by striking ``under section + 2302 of this title or''; and + + (iv) in subsection (d), as added by paragraph (1) of + this subsection, by striking ``Except as'' and inserting + ``With respect to a deceased veteran described in + subparagraph (B) or (C) of subsection (a)(2), except as''. + (b) Conforming Amendments.-- + (1) Title 38.--Such title is amended as follows: + (A) In section 2304, by striking ``Applications for + payments under section 2302 of this title'' and inserting + ``Applications for payments under section 2303 of this title + regarding veterans described in subparagraph (B) or (C) of + subsection (a)(2) of such section''. + (B) In section 2307, by striking ``sections 2302 and + 2303(a)(1) and (b)(2) of this title'' and inserting + ``subsections (a)(1) and (b)(2) of section 2303 of this + title''. + (C) In section 2308-- + (i) in subsection (a), by striking ``pursuant to + section 2302 or 2307 of this title,'' and inserting + ``pursuant to section 2303 of this title regarding veterans + described in subparagraph (B) or (C) of subsection (a)(2) + of such section, or pursuant to section 2307 of this + title,''; and + (ii) in subsection (b)(3)-- + + (I) by striking ``section 2302'' and inserting + ``section 2303''; and + (II) by striking ``subsection (a)(2)(A)'' and + inserting ``subsection (a)(2)(C)''. + + (D) In section 113(c)(1), by striking ``2302,''. + (E) In section 5101(a)(1)(B)(i), by striking ``2302'' and + inserting ``2303''. + (2) Emergency medical care.--Section 11 of the Military + Selective Service Act (50 U.S.C. 3810) is amended by striking + ``section 2302(a) of title 38'' and inserting ``section 2303 of + title 38, United States Code, regarding veterans described in + subparagraph (B) or (C) of subsection (a)(2) of such section''. + (c) Clerical Amendment.--The table of sections at the beginning of +chapter 23 of such title is amended by striking the items relating to +sections 2302 and 2303 and inserting the following new item: + +``2303. Death from non-service-connected disability; plot allowance.''. + (d) Effective Date.--The amendments made by this section shall +apply to deaths that occur on or after the date that is two years after +the date of the enactment of this Act. +SEC. 2203. OUTER BURIAL RECEPTACLES FOR EACH NEW GRAVE IN CEMETERIES +THAT ARE THE SUBJECTS OF CERTAIN GRANTS MADE BY THE SECRETARY OF +VETERANS AFFAIRS. + (a) In General.--Section 2306(e) of title 38, United States Code, +is amended-- + (1) in paragraph (1)-- + (A) in subparagraph (A)-- + (i) by striking ``shall'' and inserting ``may''; and + (ii) by inserting ``, or in a cemetery that is the + subject of a grant to a State or a tribal organization + under section 2408 of this title,'' after ``National + Cemetery Administration''; and + (B) in subparagraph (C), by striking ``shall'' and + inserting ``may''; and + (2) by striking paragraph (2) and inserting the following new + paragraph (2): + ``(2)(A) The use of outer burial receptacles in a cemetery under +the control of the National Cemetery Administration or in a cemetery +that is the subject of a grant to a State or a tribal organization +under section 2408 of this title shall be in accordance with +regulations or procedures approved by the Secretary of Veterans +Affairs. + ``(B) The use of outer burial receptacles in Arlington National +Cemetery shall be in accordance with regulations or procedures approved +by the Secretary of the Army. + ``(C) The use of outer burial receptacles in a national cemetery +administered by the National Park Service shall be in accordance with +regulations or procedures approved by the Secretary of the Interior.''. + (b) Effective Date.--The amendments made by this section shall take +effect on the date that is two years after the date of the enactment of +this Act. +SEC. 2204. PROVISION OF INSCRIPTIONS FOR SPOUSES AND CHILDREN ON +CERTAIN HEADSTONES AND MARKERS FURNISHED BY THE SECRETARY OF VETERANS +AFFAIRS. + (a) In General.--Section 2306 of title 38, United States Code, is +amended-- + (1) by redesignating subsection (i) as subsection (j); and + (2) by inserting after subsection (h) the following new + subsection (i): + ``(i)(1) In addition to any other authority under this section, in +the case of an individual whose grave is not in a covered cemetery (as +that term is defined in subsection (f)(2)) and for whom the Secretary +has furnished a headstone or marker under subsection (a) or (d), the +Secretary, if feasible and upon request, may replace the headstone or +marker to add an inscription for the surviving spouse or eligible +dependent child of such individual following the death of the surviving +spouse or eligible dependent child. + ``(2) If the spouse or eligible dependent child of an individual +referred to in paragraph (1) predeceases the individual, the Secretary +may, if feasible and upon request, include an inscription for the +spouse or dependent child on the headstone or marker furnished for the +individual under subsection (a) or (d).''. + (b) Application.--Subsection (i) of section 2306 of title 38, +United States Code, as added by subsection (a), shall apply with +respect to an individual who dies on or after October 1, 2019. +SEC. 2205. AID TO COUNTIES FOR ESTABLISHMENT, EXPANSION, AND +IMPROVEMENT OF VETERANS' CEMETERIES. + (a) In General.--Section 2408 of title 38, United States Code, is +amended-- + (1) by inserting ``or county'' after ``State'' each place it + appears; + (2) in subsection (a)(1), in the matter preceding subparagraph + (A), by striking ``subsection (b)'' and inserting ``subsections + (b), (c), (d), and (g)''; + (3) by adding at the end the following new subsection: + ``(g)(1) The Secretary may make a grant to a county under this +section only if-- + ``(A)(i) the State in which the county is located does not have a +veterans' cemetery owned by the State; + ``(ii) the State is not in receipt of a grant under this section +for the construction of a new veterans' cemetery to be owned by the +State; + ``(iii) the State did not apply for a grant under this section +during the previous year; + ``(iv) no tribal organization from the State in which the county is +located has a veterans' cemetery on trust land owned by, or held in +trust for, the tribal organization; + ``(v) no such tribal organization is in receipt of a grant under +this section for the construction of a new veterans' cemetery to be +located on such land; and + ``(vi) no such tribal organization applied for a grant under this +section during the previous year; and + ``(B) the county demonstrates in the application under subsection +(a)(2), to the satisfaction of the Secretary, that the county has the +resources necessary to operate and maintain the veterans' cemetery +owned by the county. + ``(2)(A) If a county and the State in which the county is located +both apply for a grant under this section for the same year, the +Secretary shall give priority to the State. + ``(B) If a county and a tribal organization from the State in which +the county is located both apply for a grant under this section for the +same year, the Secretary shall give priority to the tribal +organization. + ``(3) The Secretary shall prescribe regulations to carry out this +subsection.''; and + (4) in subsection (f)-- + (A) by redesignating paragraph (3) as subsection (h); + (B) by moving such subsection, as so redesignated, to the + location after subsection (g), as added by paragraph (3); + (C) in subsection (h), as so redesignated and moved, by + redesignating subparagraphs (A) and (B) as paragraphs (1) and + (2), respectively; and + (D) in the matter preceding paragraph (1), as so + redesignated, by striking ``this subsection'' and inserting + ``this section''. + (b) Clerical Amendments.-- + (1) Section heading.--The heading of such section is amended by + inserting ``, counties, and tribal organizations'' after + ``States''. + (2) Table of sections.--The table of sections at the beginning + of chapter 24 of such title is amended by striking the item + relating to section 2408 and inserting the following new item: + +``2408. Aid to States, counties, and tribal organizations for + establishment, expansion, and improvement of veterans' + cemeteries.''. + + (c) Effective Date.--The amendments made by this section shall take +on effect on the date that is two years after the date of the enactment +of this Act. +SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF GRANTS TO STATES, COUNTIES, +AND TRIBAL ORGANIZATIONS FOR OPERATING AND MAINTAINING VETERANS' +CEMETERIES. + Section 2408(e)(2) of title 38, United States Code, is amended by +striking ``$5,000,000'' and inserting ``$10,000,000''. +SEC. 2207. PROVISION OF URNS AND COMMEMORATIVE PLAQUES FOR REMAINS OF +CERTAIN VETERANS WHOSE CREMATED REMAINS ARE NOT INTERRED IN CERTAIN +CEMETERIES. + (a) In General.--Section 2306 of title 38, United States Code, as +amended by section 2204 of this title, is further amended-- + (1) by redesignating subsections (h), (i), and (j) as + subsections (i), (j), and (k), respectively; and + (2) by inserting after subsection (g) the following new + subsection (h): + ``(h)(1) In lieu of furnishing a headstone or marker under this +section for a deceased individual described in paragraph (3), the +Secretary shall furnish, upon request and at the expense of the United +States-- + ``(A) an urn made of any material to signify the individual's + status as a veteran, in which the remains of such individual may be + placed at private expense; or + ``(B) a commemorative plaque signifying the individual's status + as a veteran. + ``(2) If the Secretary furnishes an urn or commemorative plaque for +an individual under paragraph (1), the Secretary may not provide for +such individual-- + ``(A) a headstone or marker under this section; or + ``(B) any burial benefit under section 2402 of this title. + ``(3) A deceased individual described in this paragraph is an +individual-- + ``(A) who served in the Armed Forces on or after April 6, 1917; + ``(B) who is eligible for a headstone or marker furnished under + subsection (d) (or would be so eligible but for the date of the + death of the individual); and + ``(C) whose remains were cremated and not interred in a + national cemetery, a State veterans' cemetery, a tribal cemetery, a + county cemetery, or a private cemetery. + ``(4)(A) Any urn or commemorative plaque furnished under this +subsection shall be the personal property of the next of kin or such +other individual as the Secretary considers appropriate. + ``(B) The Federal Government shall not be liable for any damage to +an urn or commemorative plaque furnished under this subsection that +occurs after the date on which the urn or commemorative plaque is so +furnished. + ``(5) The Secretary shall prescribe regulations to carry out this +subsection.''. + (b) Effective Date.--The amendments made by this section shall take +on effect on the date that is two years after the date of the enactment +of this Act. +SEC. 2208. TRAINING OF STATE AND TRIBAL VETERANS' CEMETERY PERSONNEL BY +NATIONAL CEMETERY ADMINISTRATION. + (a) In General.--Section 2408 of title 38, United States Code, as +amended by sections 2205 and 2206 of this title, is further amended-- + (1) in subsection (b)(1)-- + (A) in subparagraph (A)-- + (i) by striking ``and (ii) the cost'' and inserting + ``(ii) the cost''; and + (ii) by inserting ``; and (iii) training costs + described in subsection (c)(1)'' before the semicolon; and + (B) in subparagraph (B)-- + (i) by striking ``and (ii) the cost'' and inserting + ``(ii) the cost''; and + (ii) by inserting ``; and (iii) training costs + described in subsection (c)(1)'' before the period; + (2) by redesignating subsections (c) through (h) as subsections + (d) through (i), respectively; and + (3) by inserting after subsection (b) the following new + subsection (c): + ``(c)(1) A grant under this section for a purpose described in +subparagraph (A) or (B) of subsection (a)(1) may be used, solely or in +part, for training costs, including travel expenses and up to four +weeks of lodging expenses, associated with attendance by employees of a +veterans' cemetery owned by a State or on trust land owned by, or held +in trust for, a tribal organization at training provided by the +National Cemetery Administration. + ``(2) Any employee described in paragraph (1) who participates in +training described in such paragraph shall fulfill a service +requirement as determined by the Secretary. + ``(3) The Secretary may by regulation prescribe such additional +terms and conditions for grants used for training costs under this +subsection as the Secretary considers appropriate.''. + (b) Reports.-- + (1) In general.--Not later than each of two years and five + years after the date of the enactment of this Act, the Secretary of + Veterans Affairs shall submit to the Committee on Veterans' Affairs + of the Senate and the Committee on Veterans' Affairs of the House + of Representatives a report on training provided by the National + Cemetery Administration under subsection (c) of section 2408 of + title 38, United States Code, as added by subsection (a). + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) The attrition rate with respect to individuals who + participate in the training described in paragraph (1). + (B) A description of how State and tribal veterans' + cemeteries that used grants awarded under section 2408 of title + 38, United States Code, for training costs under subsection (c) + of such section, as added by subsection (a), have improved as a + result of the training, according to the administrators of such + cemeteries. + (C) An identification of how many State and tribal + veterans' cemeteries used the authority provided by subsection + (c) of section 2408 of title 38, United States Code, as added + by subsection (a), in order to train individuals. + (D) The amount obligated or expended as a result of the + authority described in subparagraph (C). + + TITLE III--HEALTH CARE + Subtitle A--Health Care Generally + +SEC. 3001. EXPANSION OF MODIFICATIONS TO VETERAN DIRECTED CARE PROGRAM. + Section 20006 of the Coronavirus Aid, Relief, and Economic Security +Act (Public Law 116-136) is amended-- + (1) by striking ``During a public health emergency'' each place + it appears and inserting ``During the period specified in + subsection (f)''; + (2) in subsection (a)-- + (A) in the matter preceding paragraph (1), by striking + ``during a public health emergency'' and inserting ``during the + period specified in subsection (f)''; and + (B) in paragraph (1), by striking ``an area agency on + aging'' and inserting ``a covered provider''; and + (3) by striking subsection (e) and inserting the following new + subsections: + ``(e) Transfer of Certain Veterans to the Program.--During the +period specified in subsection (f), the Secretary shall allow a veteran +residing in an area covered by the Program to be transferred to the +Program for the duration of such period if-- + ``(1) the veteran had been receiving extended care services + paid for by the Department, such as adult day services or homemaker + or home health aide services, immediately preceding such period; + and + ``(2) those services are no longer available due to a public + health emergency. + ``(f) Period Specified.--The period specified in this subsection is +the period beginning on the date on which a public health emergency was +first declared and ending on the date that is 60 days after the date on +which a public health emergency is no longer in effect. + ``(g) Covered Provider Defined.--In this section, the term `covered +provider' means a provider participating in the Program, including-- + ``(1) an Aging and Disability Resource Center, an area agency + on aging, or a State agency (as those terms are defined in section + 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); or + ``(2) a center for independent living (as defined in section + 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)).''. +SEC. 3002. PROHIBITION ON COLLECTION OF A HEALTH CARE COPAYMENT BY THE +SECRETARY OF VETERANS AFFAIRS FROM A VETERAN WHO IS A MEMBER OF AN +INDIAN TRIBE. + (a) In General.--Section 1730A of title 38, United States Code, is +amended-- + (1) in the heading, by striking ``catastrophically disabled'' + and inserting ``certain''; + (2) by inserting ``(a) Prohibition.--'' before + ``Notwithstanding''; + (3) by striking ``a veteran who is catastrophically disabled, + as defined by the Secretary,'' and inserting ``a covered veteran''; + and + (4) by adding at the end the following new subsection: + ``(b) Covered Veteran Defined.--In this section, the term `covered +veteran' means a veteran who-- + ``(1) is catastrophically disabled, as defined by the + Secretary; or + ``(2) is an Indian or urban Indian (as those terms are defined + in section 4 of the Indian Health Care Improvement Act (25 U.S.C. + 1603)).''. + (b) Technical Amendment.--The table of sections at the beginning of +chapter 17 of such title is amended by striking the item relating to +section 1730A and inserting the following: + +``1730A. Prohibition on collection of copayments from certain + veterans.''. + + (c) Effective Date.--The amendments made by this section shall take +effect on the day that is one year after the date of the enactment of +this Act. +SEC. 3003. OVERSIGHT FOR STATE HOMES REGARDING COVID-19 INFECTIONS, +RESPONSE CAPACITY, AND STAFFING LEVELS. + (a) Reporting.-- + (1) In general.--During a covered public health emergency, each + State home shall submit weekly to the Secretary of Veterans Affairs + and the National Healthcare Safety Network of the Centers for + Disease Control and Prevention, through an electronic medium and in + a standardized format specified by the Secretary, a report on the + emergency. + (2) Elements.--Each report required by paragraph (1) for a + State home shall include the following: + (A) The number of suspected and confirmed COVID-19 + infections among residents and staff, including residents + previously treated for COVID-19, disaggregated by-- + (i) veteran, spouse of a veteran, staff, and other; + (ii) race and ethnicity; + (iii) gender; and + (iv) age. + (B) The number of total deaths and COVID-19 deaths among + residents and staff, disaggregated by-- + (i) veteran, spouse of a veteran, staff, and other; + (ii) race and ethnicity; + (iii) gender; and + (iv) age. + (C) An assessment of the supply of personal protective + equipment and hand hygiene supplies. + (D) An assessment of ventilator capacity and supplies. + (E) The number of resident beds and the occupancy rate, + disaggregated by veteran, spouse of a veteran, and other. + (F) An assessment of the access of residents to testing for + COVID-19. + (G) An assessment of staffing shortages, if any. + (H) Such other information as the Secretary may specify. + (b) Publication of Total Infections and Deaths.-- + (1) In general.--Not later than 30 days after the date of the + enactment of this Act, and not less frequently than weekly + thereafter, the Secretary shall post on a publicly available + website of the Department of Veterans Affairs-- + (A) the total number of residents and staff of State homes + who are infected with COVID-19; and + (B) the total number of such residents and staff who have + died from COVID-19. + (2) Information on residents and staff.--The Secretary shall + disaggregate information on residents and staff published under + paragraph (1) by veteran, staff, and other. + (c) Definitions.--In this section: + (1) Covered public health emergency.--The term ``covered public + health emergency'' means an emergency with respect to COVID-19 + declared by a Federal, State, or local authority. + (2) State home.--The term ``State home'' has the meaning given + that term in section 101(19) of title 38, United States Code. +SEC. 3004. GRANTS FOR STATE HOMES LOCATED ON TRIBAL LANDS. + (a) State Home Defined.--Section 101(19) of title 38, United States +Code, is amended by inserting ``or Indian tribe (as defined in section +4 of the Indian Self-Determination and Education Assistance Act (25 +U.S.C. 5304))'' after ``(other than a possession)''. + (b) Payments to State Homes.--Section 1741 of title 38, United +States Code, is amended by adding at the end the following new +subsection: + ``(g) In this subchapter, the term `State' means each of the +several States and each Indian tribe (as defined in section 4 of the +Indian Self-Determination and Education Assistance Act (25 U.S.C. +5304)).''. + (c) State Home Construction.-- + (1) In general.--Section 8131(2) of title 38, United States + Code, is amended by inserting ``includes each Indian tribe (as + defined in section 4 of the Indian Self-Determination and Education + Assistance Act (25 U.S.C. 5304)) but'' before ``does not''. + (2) Conforming amendment.--Section 8132 of such title is + amended by striking ``several''. + (d) Additional Legislative or Administrative Action.-- + (1) Consultation with indian tribes.--Not later than 180 days + after the date of the enactment of this Act, the Secretary of + Veterans Affairs shall consult with Indian tribes to determine if + any legislative or administrative action is necessary to modify the + State home program to function efficiently in support of State + homes operated by Indian tribes pursuant to the amendments made by + this section. + (2) Report to congress.--Not later than 90 days after + completing consultations under paragraph (1), the Secretary shall + submit to the appropriate committees of Congress a report + recommending legislative action that the Secretary considers + appropriate to modify the State home program described in such + paragraph in light of those consultations. + (3) Modifications.--Not later than 180 days after completing + consultations under paragraph (1), the Secretary shall make any + modifications to regulations implementing the State home program, + for which legislative action is not necessary, as the Secretary + considers appropriate in light of those consultations. + (e) Technical Support and Assistance.--The Secretary of Veterans +Affairs shall provide technical support and assistance to Indian tribes +in carrying out the State home program at State homes operated by +Indian tribes pursuant to the amendments made by this section. + (f) Definitions.--In this section: + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the Committee on Veterans' Affairs and the Committee on + Indian Affairs of the Senate; and + (B) the Committee on Veterans' Affairs and the Subcommittee + for Indigenous Peoples of the United States of the Committee on + Natural Resources of the House of Representatives. + (2) Indian tribe.--The term ``Indian tribe'' has the meaning + given that term in section 4 of the Indian Self-Determination and + Education Assistance Act (25 U.S.C. 5304). + (3) State home.--The term ``State home'' has the meaning given + that term in section 101(19) of title 38, United States Code. + (4) State home program.--The term ``State home program'' means + the program of the Department of Veterans Affairs for which + payments are made under subchapter V of chapter 17 of title 38, + United States Code, and assistance is provided under subchapter III + of chapter 81 of such title. +SEC. 3005. CONTINUATION OF WOMEN'S HEALTH TRANSITION TRAINING PROGRAM +OF DEPARTMENT OF VETERANS AFFAIRS. + (a) Duration.--The Secretary of Veterans Affairs shall carry out +the Women's Health Transition Training program of the Department of +Veterans Affairs (in this section referred to as the ``Program'') until +at least one year after the date of the enactment of this Act. + (b) Report.--Not later than one year and ten days after the date of +the enactment of this Act, the Secretary of Defense and the Secretary +of Veterans Affairs shall jointly submit to the appropriate +congressional committees a report on the Program that includes the +following: + (1) The number of women members of the Armed Forces, + disaggregated by military department (with respect to the + Department of the Navy, disaggregated by the Navy and Marine + Corps), who participated in the Program. + (2) The number of courses held under the Program. + (3) The locations at which such courses were held, the number + of seats available for such courses, and the number of participants + at each such location. + (4) With respect to the number of members of the Armed Forces + who participated in the Program as specified under paragraph (1)-- + (A) the number who enrolled in the health care system of + the Department of Veterans Affairs under section 1705(a) of + title 38, United States Code; and + (B) the number who attended at least one health care + appointment at a medical facility of the Department of Veterans + Affairs. + (5) Data relating to-- + (A) satisfaction with courses held under the Program; + (B) improved awareness of health care services administered + by the Secretary of Veterans Affairs; and + (C) any other available statistics regarding the Program. + (6) A discussion of regulatory, legal, or resource barriers + to-- + (A) making the Program permanent to enable access to + services provided under the Program by a greater number of + women members of the Armed Forces at locations throughout the + United States; + (B) offering the Program online for women members of the + Armed Forces who are unable to attend courses held under the + Program in person; and + (C) the feasability of automatically enrolling Program + participants in the health care system of the Department of + Veterans Affairs under section 1705(a) of title 38, United + States Code. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + Veterans' Affairs of the Senate; and + (2) the Committee on Armed Services and the Committee on + Veterans' Affairs of the House of Representatives. +SEC. 3006. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO FURNISH +MEDICALLY NECESSARY TRANSPORTATION FOR NEWBORN CHILDREN OF CERTAIN +WOMEN VETERANS. + (a) In General.--Section 1786 of title 38, United States Code, as +amended by section 9102 of the William M. (Mac) Thornberry National +Defense Authorization Act for Fiscal Year 2021, is further amended-- + (1) in subsection (a)-- + (A) in the matter before paragraph (1), by inserting ``and + transportation necessary to receive such services'' after + ``described in subsection (b)''; + (B) in paragraph (1), by striking ``or''; + (C) in paragraph (2), by striking the period at the end and + inserting ``; or''; and + (D) by adding at the end the following new paragraph: + ``(3) another location, including a health care facility, if + the veteran delivers the child before arriving at a facility + described in paragraph (1) or (2).''; + (2) in subsection (b), by inserting before the period at the + end the following: ``, including necessary health care services + provided by a facility other than the facility where the newborn + child was delivered (including a specialty pediatric hospital) that + accepts transfer of the newborn child and responsibility for + treatment of the newborn child''; and + (3) by adding at the end the following new subsections: + ``(d) Transportation.--(1) Transportation furnished under +subsection (a) to, from, or between care settings to meet the needs of +a newborn child includes costs for either or both the newborn child and +parents. + ``(2) Transportation furnished under subsection (a) includes +transportation by ambulance, including air ambulance, or other +appropriate medically staffed modes of transportation-- + ``(A) to another health care facility (including a specialty + pediatric hospital) that accepts transfer of the newborn child or + otherwise provides post-delivery care services when the treating + facility is not capable of furnishing the care or services + required; or + ``(B) to a health care facility in a medical emergency of such + nature that a prudent layperson reasonably expects that delay in + seeking immediate medical attention would be hazardous to life or + health. + ``(3) Amounts paid by the Department for transportation under this +section shall be derived from the Medical Services appropriations +account of the Department. + ``(e) Reimbursement or Payment for Health Care Services or +Transportation.--(1) Pursuant to regulations the Secretary shall +prescribe to establish rates of reimbursement and any limitations +thereto under this section, the Secretary shall directly reimburse a +covered entity for health care services or transportation services +provided under this section, unless the cost of the services or +transportation is covered by an established agreement or contract. If +such an agreement or contract exists, its negotiated payment terms +shall apply. + ``(2)(A) Reimbursement or payment by the Secretary under this +section on behalf of an individual to a covered entity shall, unless +rejected and refunded by the covered entity within 30 days of receipt, +extinguish any liability on the part of the individual for the health +care services or transportation covered by such payment. + ``(B) Neither the absence of a contract or agreement between the +Secretary and a covered entity nor any provision of a contract, +agreement, or assignment to the contrary shall operate to modify, +limit, or negate the requirements of subparagraph (A). + ``(3) In this subsection, the term `covered entity' means any +individual, transportation carrier, organization, or other entity that +furnished or paid for health care services or transportation under this +section.''. + (b) Treatment of Certain Expenses Already Incurred.-- + (1) In general.--Pursuant to such regulations as the Secretary + of Veterans Affairs shall prescribe, with respect to transportation + furnished in order for a newborn child of a veteran to receive + health care services under section 1786 of title 38, United States + Code, during the period specified in paragraph (2), the Secretary + may-- + (A) waive a debt owed by the veteran to the Department of + Veterans Affairs or reimburse expenses already paid by the + veteran to the Department for such transportation; + (B) reimburse the veteran for expenses already paid by the + veteran to a covered entity for such transportation; or + (C) reimburse a covered entity for the costs of such + transportation. + (2) Period specified.--The period specified in this paragraph + is the period beginning on May 5, 2010, and ending on the date of + the enactment of this Act. + (3) Covered entity defined.--In this subsection, the term + ``covered entity'' has the meaning given that term in section + 1786(e)(3) of title 38, United States Code, as added by subsection + (a). +SEC. 3007. WAIVER OF REQUIREMENTS OF DEPARTMENT OF VETERANS AFFAIRS FOR +RECEIPT OF PER DIEM PAYMENTS FOR DOMICILIARY CARE AT STATE HOMES AND +MODIFICATION OF ELIGIBILITY FOR SUCH PAYMENTS. + (a) Waiver of Requirements.--Notwithstanding section 1741 of title +38, United States Code (as amended by subsection (b)), the Secretary of +Veterans Affairs shall modify section 51.51(b) of title 38, Code of +Federal Regulations (or successor regulations), to provide the +Secretary the authority to waive the requirements under such section +51.51(b) for a veteran to be eligible for per diem payments for +domiciliary care at a State home if-- + (1) the veteran has met not fewer than four of the requirements + set forth in such section; or + (2) such waiver would be in the best interest of the veteran. + (b) Modification of Eligibility.--Section 1741(a)(1) of title 38, +United States Code, is amended, in the flush text following +subparagraph (B), by striking ``in a Department facility'' and +inserting ``under the laws administered by the Secretary''. + (c) State Home Defined.--In this section, the term ``State home'' +has the meaning given that term in section 101(19) of title 38, United +States Code. +SEC. 3008. EXPANSION OF QUARTERLY UPDATE OF INFORMATION ON STAFFING AND +VACANCIES AT FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS TO +INCLUDE INFORMATION ON DURATION OF HIRING PROCESS. + (a) Quarterly Update.--Subsection (a)(1) of section 505 of the VA +MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 301 note) is amended +by adding at the end the following new subparagraph: + ``(E) Beginning with any update under paragraph (3) on or + after the date of the enactment of the Johnny Isakson and David + P. Roe, M.D. Veterans Health Care and Benefits Improvement Act + of 2020, the following: + ``(i) For employees appointed under paragraphs (1) and + (3) of section 7401 of title 38, United States Code, the + number of employees for which the duration of the process + from validation of vacancy to receipt of official offer and + notification of actual start date exceeds the metrics laid + out in the Time to Hire Model of the Veterans Health + Administration, or successor model. + ``(ii) The percentage of employees who are described in + clause (i) compared to all employees appointed under + paragraphs (1) and (3) of section 7401 of such title during + the same period. + ``(iii) The average number of days potential hires or + new hires appointed under paragraphs (1) and (3) of section + 7401 of such title spent in each phase of the Time to Hire + Model, or successor model.''. + (b) Annual Report.--Subsection (b) of such section is amended, in +the first sentence, by adding before the period at the end the +following: ``and to improve the onboard timeline for facilities for +which the duration of the onboarding process exceeds the metrics laid +out in the Time to Hire Model of the Veterans Health Administration, or +successor model''. +SEC. 3009. REQUIREMENT FOR CERTAIN DEPARTMENT OF VETERANS AFFAIRS +MEDICAL FACILITIES TO HAVE PHYSICAL LOCATION FOR THE DISPOSAL OF +CONTROLLED SUBSTANCES MEDICATIONS. + (a) In General.--The Secretary of Veterans Affairs shall ensure +that each covered Department medical facility has a physical location +where patients may dispose of controlled substances medications. + (b) Covered Department Medical Facility.--In this section, the term +``covered Department medical facility'' means a medical facility of the +Department of Veterans Affairs with an onsite pharmacy or a physical +location dedicated for law enforcement purposes. + (c) Effective Date.--This section shall take effect on January 1, +2022. +SEC. 3010. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM FOR CLINICAL +OBSERVATION BY UNDERGRADUATE STUDENTS. + (a) Establishment.--The Secretary of Veterans Affairs shall carry +out a pilot program for a one-year period, beginning not later than +August 15, 2021, to provide certain students described in subsection +(d) a clinical observation experience at medical centers of the +Department of Veterans Affairs. + (b) Medical Center Selection.--The Secretary shall carry out the +pilot program under this section at not fewer than five medical centers +of the Department. In selecting such medical centers, the Secretary +shall ensure regional diversity among such selected medical centers. + (c) Clinical Observation Sessions.-- + (1) Frequency and duration.--In carrying out the pilot program, + the Secretary shall-- + (A) provide at least one and not more than three clinical + observation sessions at each medical center selected during + each calendar year; + (B) ensure that each clinical observation session-- + (i) lasts between four and six months; and + (ii) to the extent practicable, begins and ends + concurrently with one or more academic terms of an + institution of higher education (as defined in section 101 + of the Higher Education Act of 1965 (20 U.S.C. 1001)); and + (C) ensure that the clinical observation sessions provided + at a medical center have minimal overlap. + (2) Sessions.--The Secretary shall ensure that the pilot + program consists of clinical observation sessions as follows: + (A) Each session shall allow for not fewer than five + students nor greater than 15 students to participate in the + session. + (B) Each session shall consist of not fewer than 20 + observational hours nor greater than 40 observational hours. + (C) A majority of the observational hours shall be spent + observing a health professional. The other observational hours + shall be spent in a manner that ensures a robust, well rounded + experience that exposes the students to a variety of aspects of + medical care and health care administration. + (D) Each session shall provide a diverse clinical + observation experience. + (d) Students.-- + (1) Selection.--The Secretary shall select to participate in + the pilot program under subsection (a) students who are-- + (A) nationals of the United States; + (B) enrolled in an accredited program of study at an + institution of higher education; and + (C) referred by their institution of higher education + following an internal application process. + (2) Priority.--In making such selection, the Secretary shall + give priority to each of the following five categories of students: + (A) Students who, at the time of the completion of their + secondary education, resided in a health professional shortage + area (as defined in section 332 of the Public Health Service + Act (42 U.S.C. 254e)). + (B) First generation college students (as defined in + section 402A(h)(3) of the Higher Education Act of 1965 (20 + U.S.C. 1067q(a))). + (C) Students who have been referred by minority-serving + institutions (as defined in section 371(a) of the Higher + Education Act of 1965 (20 U.S.C. 1067q(a))). + (D) Veterans (as defined in section 101 of title 38, United + States Code). + (E) Students who indicate an intention to specialize in a + health professional occupation identified by the Inspector + General of the Department under section 7412 of title 38, + United States Code, as having a staffing shortage. + (3) Assignment to medical centers.--The Secretary shall assign + students selected under paragraph (1) to medical centers selected + under subsection (b) without regard for whether such medical + centers have staffing shortages in any health professional + occupation pursuant to section 7412 of title 38, United States + Code. + (e) Other Matters.--In carrying out the pilot program under this +section, the Secretary shall-- + (1) establish a formal status to facilitate the access to + medical centers of the Department by student observers + participating in the pilot program; + (2) establish standardized legal, privacy, and ethical + requirements for the student observers, including with respect to-- + (A) ensuring that no student observer provides any care to + patients while participating as an observer; and + (B) ensuring the suitability of a student to participate in + the pilot program to ensure that the student poses no risk to + patients; + (3) develop and implement a partnership strategy with minority- + serving institutions to encourage referrals; + (4) create standardized procedures for student observers; + (5) create an online information page about the pilot program + on the internet website of the Department; + (6) publish on the online information page created under + paragraph (5) the locations of such centers, and other information + on the pilot program, not later than 180 days before the date on + which applications are required to be submitted by potential + student observers; + (7) identify medical centers and specific health professionals + participating in the pilot program; and + (8) notify the Committees on Veterans' Affairs of the House of + Representatives and the Senate of the medical centers selected + under subsection (c) within 30 days of selection, to facilitate + program awareness. + (f) Report.--Not later than 180 days after the completion of the +pilot program under subsection (a), the Secretary shall submit to the +Committees on Veterans' Affairs of the House of Representatives and the +Senate a report on the results of the pilot program, including-- + (1) the number and demographics of all applicants, those + accepted to participate in the pilot program, and those who + completed the pilot program; and + (2) if participating institutions of higher education choose to + administer satisfaction surveys that assess the experience of those + who completed the pilot program, the results of any such + satisfaction surveys, provided at the discretion of the institution + of higher education. + (g) Sense of Congress Regarding Department of Veterans Affairs +Pilot Program for Clinical Observation by Undergraduate Students.--It +is the sense of Congress that the pilot program described in subsection +(a) should be designed to-- + (1) increase the awareness, knowledge, and empathy of future + health professionals toward the health conditions common to + veterans; + (2) increase the diversity of the recruitment pool of future + physicians of the Department; and + (3) expand clinical observation opportunities for all students + by encouraging students of all backgrounds to consider a career in + the health professions. + (h) No Additional Funds Authorized.--No additional funds are +authorized to be appropriated to carry out the requirements of this +section. Such requirements shall be carried out using amounts otherwise +authorized to be appropriated. + + Subtitle B--Scheduling and Consult Management + +SEC. 3101. PROCESS AND REQUIREMENTS FOR SCHEDULING APPOINTMENTS FOR +HEALTH CARE FROM DEPARTMENT OF VETERANS AFFAIRS AND NON-DEPARTMENT +HEALTH CARE. + (a) Process and Requirements.-- + (1) In general.--Not later than 60 days after the date of the + enactment of this Act, the Secretary of Veterans Affairs shall-- + (A) establish a process and requirements for scheduling + appointments for-- + (i) health care from the Department of Veterans + Affairs; and + (ii) health care furnished through the Veterans + Community Care Program under section 1703 of title 38, + United States Code, by a non-Department health care + provider; and + (B) submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a description of such process and requirements. + (2) Elements of description.--The description of the process + and requirements for scheduling appointments for health care + required to be submitted under paragraph (1)(B) shall include-- + (A) information on how such process and requirements take + into account the access standards established under section + 1703B of title 38, United States Code; and + (B) the maximum number of days allowed to complete each + step of such process. + (3) Periodic revision.-- + (A) In general.--The Secretary may revise the process and + requirements required under paragraph (1) as the Secretary + considers necessary. + (B) Submittal to congress.--Not later than 30 days before + revising the process and requirements under subparagraph (A), + the Secretary shall submit to the Committee on Veterans' + Affairs of the Senate and the Committee on Veterans' Affairs of + the House of Representatives a description of such revised + process and requirements, including a description of any + modifications to the certification and training under + subsection (b). + (b) Certification and Training on Process and Requirements.-- + (1) Certification.--Not later than one year after the date of + the enactment of this Act, the Secretary shall require each + individual involved in the scheduling of appointments for health + care from the Department or health care described in subsection + (a)(1)(A)(ii), including schedulers, clinical coordinators, and + supervisors, to certify to the Secretary that the individual + understands the process and requirements established under + subsection (a), including the maximum number of days allowed to + complete each step of such process. + (2) New employees.--The Secretary shall require each employee + hired by the Department on or after the date of the enactment of + this Act who is to be involved in the scheduling of appointments + for health care from the Department or health care described in + subsection (a)(1)(A)(ii)-- + (A) to undergo training on the process and requirements + established under subsection (a) as part of training for the + position for which the employee has been hired; and + (B) to make the certification to the Secretary required + under paragraph (1). + (c) Method to Monitor Compliance.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary shall establish or maintain a + method or tool-- + (A) to enable monitoring of the compliance of the + Department with the process and requirements established under + subsection (a), including compliance with policies of the + Department relating to the maximum number of days allowed to + complete each step of such process; and + (B) to ensure that each medical facility of the Department + complies with such process and requirements. + (2) Use throughout department.-- + (A) In general.--The Secretary shall require each medical + facility of the Department to use the method or tool described + in paragraph (1). + (B) Report.--Not later than one year after the date of the + enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report + indicating whether each medical facility of the Department is + using the method or tool described in paragraph (1). + (d) Comptroller General Report.--Not later than two years after the +date of the enactment of this Act, the Comptroller General of the +United States shall submit to the Committee on Veterans' Affairs of the +Senate and the Committee on Veterans' Affairs of the House of +Representatives a report on the compliance of the Secretary with the +requirements of this section. +SEC. 3102. AUDITS REGARDING SCHEDULING OF APPOINTMENTS AND MANAGEMENT +OF CONSULTATIONS FOR HEALTH CARE FROM DEPARTMENT OF VETERANS AFFAIRS +AND NON-DEPARTMENT HEALTH CARE. + (a) In General.--Not later than each of one year and two years +after the date of the enactment of this Act, the Secretary of Veterans +Affairs shall provide for the conduct of a facility-level audit of the +scheduling of appointments and the management of consultations for +health care under the laws administered by the Secretary. + (b) Application.-- + (1) First audit.--The first audit required under subsection (a) + shall apply to each medical facility of the Department of Veterans + Affairs. + (2) Second audit.--The second audit required under subsection + (a) shall apply to only those medical facilities of the Department + that are in need of corrective action based on the first audit, as + determined by the Secretary. + (c) Elements.--Each audit conducted under subsection (a) shall +include the following: + (1) With respect to each medical center of the Department + covered by the audit, an assessment of any scheduling or + consultation management issues at that medical center, including + the following: + (A) An assessment of noncompliance with policies of the + Veterans Health Administration relating to scheduling + appointments and managing consultations. + (B) An assessment of the extent to which appointments or + consultations are not timely processed. + (C) A description of any backlogs in appointments or + consultations that are awaiting action. + (D) An assessment of whether consultations are + appropriately processed. + (E) Data with respect to consultations as follows: + (i) Consultations that were scheduled within the + request window. + (ii) Duplicate consultation requests. + (iii) Consultations that were discontinued. + (iv) Delays in consultations. + (v) Consultations that were not properly closed or + discontinued, including a description of remediation + attempts. + (F) A review for accuracy with respect to consultation + management as follows: + (i) A review of the accuracy of the type of service, + either administrative or clinical, that is inputted in the + electronic health record. + (ii) A review of the accuracy of the type of + consultation setting, either impatient or outpatient, that + is inputted in the electronic health record. + (iii) A review of the appropriateness of the level of + urgency of the consultation that is inputted in the + electronic health record. + (iv) A review of any delayed or unresolved + consultations. + (2) An identification of such recommendations for corrective + action as the Secretary considers necessary, including additional + training, increased personnel, and other resources. + (3) A certification that the director of each medical center of + the Department covered by the audit is in compliance with the + process and requirements established under section 3101(a) and such + other requirements relating to the scheduling of appointments and + management of consultations as the Secretary considers appropriate. + (4) With respect to referrals for health care between health + care providers or facilities of the Department, a measurement of, + for each medical facility of the Department covered by the audit-- + (A) the period of time between-- + (i) the date that a clinician of the Department + determines that a veteran requires care from another health + care provider or facility and the date that the referral + for care is sent to the other health care provider or + facility; + (ii) the date that the referral for care is sent to the + other health care provider or facility and the date that + the other health care provider or facility accepts the + referral; + (iii) the date that the other health care provider or + facility accepts the referral and the date that the + appointment with the other health care provider or at the + other facility is made; and + (iv) the date that the appointment with the other + health care provider or at the other facility is made and + the date of the appointment with the other health care + provider or at the other facility; and + (B) any other period of time that the Secretary determines + necessary to measure. + (5) With respect to referrals for non-Department health care + originating from medical facilities of the Department, a + measurement of, for each such facility covered by the audit-- + (A) the period of time between-- + (i) the date that a clinician of the Department + determines that a veteran requires care, or a veteran + presents to the Department requesting care, and the date + that the referral for care is sent to a non-Department + health care provider; + (ii) the date that the referral for care is sent to a + non-Department health care provider and the date that a + non-Department health care provider accepts the referral; + (iii) the date that a non-Department health care + provider accepts the referral and the date that the + referral to a non-Department health care provider is + completed; + (iv) the date that the referral to a non-Department + health care provider is completed and the date that an + appointment with a non-Department health care provider is + made; and + (v) the date that an appointment with a non-Department + health care provider is made and the date that an + appointment with a non-Department health care provider + occurs; and + (B) any other period of time that the Secretary determines + necessary to measure. + (d) Conduct of Audit by Third Party.--Each audit conducted under +subsection (a) with respect to a medical facility of the Department +shall be conducted by an individual or entity that is not affiliated +with the facility. + (e) Transmittal to VHA.--Each audit conducted under subsection (a) +shall be transmitted to the Under Secretary for Health of the +Department so that the Under Secretary can-- + (1) strengthen oversight of the scheduling of appointments and + management of consultations throughout the Department; + (2) monitor national policy on such scheduling and management; + and + (3) develop a remediation plan to address issues uncovered by + those audits. + (f) Annual Report.-- + (1) In general.--Not later than December 31 of each year in + which an audit is conducted under subsection (a), the Secretary + shall submit to the Committee on Veterans' Affairs of the Senate + and the Committee on Veterans' Affairs of the House of + Representatives a report on the audit conducted during that year. + (2) Elements.--The Secretary shall include in each report + required by paragraph (1)-- + (A) the nationwide results of the audit conducted under + subsection (a); + (B) the results of such audit with respect to each medical + facility of the Department covered by such audit; + (C) an assessment of how the Department strengthened + oversight of the scheduling of appointments and management of + consultations at each such facility as a result of the audit; + (D) an assessment of how the audit informed the national + policy of the Department with respect to the scheduling of + appointments and management of consultations; and + (E) a description of any remediation plans to address + issues raised by the audit that was completed. +SEC. 3103. ADMINISTRATION OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH +CARE. + (a) Certification of Proper Administration of Non-Department +Care.-- + (1) Review.-- + (A) In general.--The Secretary of Veterans Affairs shall + conduct a review of the staffing, training, and other + requirements necessary to administer section 1703 of title 38, + United States Code. + (B) Elements.--The review conducted under subparagraph (A) + shall include, with respect to each medical facility of the + Department of Veterans Affairs-- + (i) an assessment of the type of positions required to + be staffed at the medical facility; + (ii) the number of such positions authorized; + (iii) the number of such positions funded; + (iv) the number of such positions filled; and + (v) the number of additional such positions required to + be authorized. + (2) Submittal to congress.--Not later than 180 days after the + date of the enactment of this Act, and every 180 days thereafter, + the Secretary shall submit to the Committee on Veterans' Affairs of + the Senate and the Committee on Veterans' Affairs of the House of + Representatives-- + (A) the results of the review conducted under paragraph + (1); and + (B) a certification that the Secretary has established all + staffing, training, and other requirements required to be + reviewed under such paragraph. + (b) Scheduling of Appointments.-- + (1) Measurement of timeliness for each facility.--Not later + than 120 days after the date of the enactment of this Act, the + Secretary shall measure, with respect to referrals for non- + Department health care originating from medical facilities of the + Department, for each such facility-- + (A) the period of time between-- + (i) the date that a clinician of the Department + determines that a veteran requires care, or a veteran + presents to the Department requesting care, and the date + that the referral for care is sent to a non-Department + health care provider; + (ii) the date that the referral for care is sent to a + non-Department health care provider and the date that a + non-Department health care provider accepts the referral; + (iii) the date that a non-Department health care + provider accepts the referral and the date that the + referral to a non-Department health care provider is + completed; + (iv) the date that the referral to a non-Department + health care provider is completed and the date that an + appointment with a non-Department health care provider is + made; and + (v) the date that an appointment with a non-Department + health care provider is made and the date that an + appointment with a non-Department health care provider + occurs; and + (B) any other period of time that the Secretary determines + necessary to measure. + (2) Submissions to congress.-- + (A) In general.--Not later than one year after the date of + the enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives the data + measured under paragraph (1), disaggregated by medical + facility. + (B) Update.--Not less frequently than biweekly, the + Secretary shall update the data submitted under subparagraph + (A). + (c) Comptroller General Report.-- + (1) Review.--Beginning not later than one year after the date + of the enactment of this Act, the Comptroller General of the United + States shall review compliance by the Secretary with the + requirements of this section, including a review of the validity + and reliability of data submitted by the Secretary under subsection + (b)(2). + (2) Report.--Not later than three years after the date of the + enactment of this Act, the Comptroller General shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives the results of + the review conducted under paragraph (1). +SEC. 3104. EXAMINATION OF HEALTH CARE CONSULTATION AND SCHEDULING +POSITIONS OF DEPARTMENT OF VETERANS AFFAIRS. + (a) Proper Grading of Consultation and Scheduling Positions.-- + (1) In general.--The Secretary of Veterans Affairs shall + conduct an examination of health care positions of the Department + of Veterans Affairs to determine whether health care positions + involved in the consultation and scheduling processes are + appropriately graded. + (2) Consultation.--In conducting the examination under + paragraph (1), the Secretary shall consult with health care + staffing experts in the Federal Government and the private sector. + (3) Submittal to congress.--Not later than 120 days after the + date of the enactment of this Act, the Secretary shall submit to + the appropriate committees of Congress the results of the + examination conducted under paragraph (1). + (b) Review of Onboarding Process.--Not later than 180 days after +the date of the enactment of this Act, the Secretary shall submit to +the appropriate committees of Congress-- + (1) a review of the onboarding process of individuals in health + care positions described in subsection (a), including how long it + takes to hire those individuals; and + (2) a description of any changes that the Secretary has made or + plans to make to improve that process. + (c) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Veterans' Affairs and the Committee on + Appropriations of the Senate; and + (2) the Committee on Veterans' Affairs and the Committee on + Appropriations of the House of Representatives. + + TITLE IV--NAVY SEAL BILL MULDER + +SEC. 4001. SHORT TITLE. + This title may be cited as the ``Navy SEAL Bill Mulder Act of +2020''. + + Subtitle A--Service-connection and COVID-19 + +SEC. 4101. PRESUMPTIONS OF SERVICE-CONNECTION FOR MEMBERS OF ARMED +FORCES WHO CONTRACT CORONAVIRUS DISEASE 2019 UNDER CERTAIN +CIRCUMSTANCES. + (a) In General.--Subchapter VI of chapter 11 of title 38, United +States Code, is amended by adding at the end the following new section: +``Sec. 1164. Presumptions of service-connection for Coronavirus Disease + 2019 + ``(a) Presumptions Generally.--(1) For purposes of laws +administered by the Secretary and subject to section 1113 of this +title, if symptoms of Coronavirus Disease 2019 (in this section +referred to as `COVID-19') described in subsection (d) manifest within +one of the manifestation periods described in paragraph (2) in an +individual who served in a qualifying period of duty described in +subsection (b)-- + ``(A) infection with severe acute respiratory syndrome + coronavirus 2 (in this section referred to as `SARS-CoV-2') shall + be presumed to have occurred during the qualifying period of duty; + ``(B) COVID-19 shall be presumed to have been incurred during + the qualifying period of duty; and + ``(C) if the individual becomes disabled or dies as a result of + COVID-19, it shall be presumed that the individual became disabled + or died during the qualifying period of duty for purposes of + establishing that the individual served in the active military, + naval, or air service. + ``(2)(A) The manifestation periods described in this paragraph are +the following: + ``(i) During a qualifying period of duty described in + subsection (b), if that period of duty was more than 48 continuous + hours in duration. + ``(ii) Within 14 days after the individual's completion of a + qualifying period of duty described in subsection (b). + ``(iii) An additional period prescribed under subparagraph (B). + ``(B)(i) If the Secretary determines that a manifestation period of +more than 14 days after completion of a qualifying period of service is +appropriate for the presumptions under paragraph (1), the Secretary may +prescribe that additional period by regulation. + ``(ii) A determination under clause (i) shall be made in +consultation with the Director of the Centers for Disease Control and +Prevention. + ``(b) Qualifying Period of Duty Described.--A qualifying period of +duty described in this subsection is-- + ``(1) a period of active duty performed-- + ``(A) during the national emergency declared by the + President under the National Emergencies Act (50 U.S.C. 1601 et + seq.); and + ``(B) before the date that is three years after the date of + the enactment of the Johnny Isakson and David P. Roe, M.D. + Veterans Health Care and Benefits Improvement Act of 2020; or + ``(2) training duty under title 10 or full-time National Guard + duty (as defined in section 101 of title 10), performed under + orders issued on or after March 13, 2020-- + ``(A) during the national emergency declared by the + President under the National Emergencies Act (50 U.S.C. 1601 et + seq.); and + ``(B) before the date that is three years after the date of + the enactment of the Johnny Isakson and David P. Roe, M.D. + Veterans Health Care and Benefits Improvement Act of 2020. + ``(c) Application of Presumptions for Training Duty.--When, +pursuant to subsection (a), COVID-19 is presumed to have been incurred +during a qualifying period of duty described in subsection (b)(2)-- + ``(1) COVID-19 shall be deemed to have been incurred in the + line of duty during a period of active military, naval, or air + service; and + ``(2) where entitlement to benefits under this title is + predicated on the individual who was disabled or died being a + veteran, benefits for disability or death resulting from COVID-19 + as described in subsection (a) shall be paid or furnished as if the + individual was a veteran, without regard to whether the period of + duty would constitute active military, naval, or air service under + section 101 of this title. + ``(d) Symptoms of COVID-19.--For purposes of subsection (a), +symptoms of COVID-19 are those symptoms that competent medical evidence +demonstrates are experienced by an individual affected and directly +related to COVID-19. + ``(e) Medical Examinations and Opinions.--If there is a question of +whether the symptoms experienced by an individual described in +paragraph (1) of subsection (a) during a manifestation period described +in paragraph (2) of such subsection are attributable to COVID-19 +resulting from infection with SARS-CoV-2 during the qualifying period +of duty, in determining whether a medical examination or medical +opinion is necessary to make a decision on the claim within the meaning +of section 5103A(d) of this title, a qualifying period of duty +described in subsection (b) of this section shall be treated as if it +were active military, naval, or air service for purposes of section +5103A(d)(2)(B) of this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by adding at the end the following new item: + +``1164. Presumptions of service-connection for Coronavirus Disease + 2019.''. + + Subtitle B--Assistance for Homeless Veterans + +SEC. 4201. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS IN CARING +FOR HOMELESS VETERANS DURING A COVERED PUBLIC HEALTH EMERGENCY. (a) General Support.-- - (1) Use of funds.--During a covered public health - emergency, the Secretary of Veterans Affairs may use amounts - appropriated or otherwise made available to the Department of - Veterans Affairs to carry out sections 2011, 2012, 2031, and - 2061 of title 38, United States Code, to provide to homeless - veterans and veterans participating in the program carried out - under section 8(o)(19) of the United States Housing Act of 1937 - (42 U.S.C. 1437f(o)(19)) (commonly referred to as ``HUD- - VASH''), as the Secretary determines is needed, the following: - (A) Assistance required for safety and survival - (such as food, shelter, clothing, blankets, and hygiene - items). - (B) Transportation required to support stability - and health (such as for appointments with service - providers, conducting housing searches, and obtaining - food and supplies). - (C) Communications equipment and services (such as - tablets, smartphones, disposable phones, and related - service plans) required to support stability and health - (such as maintaining contact with service providers, - prospective landlords, and family). - (D) Such other assistance as the Secretary - determines is needed. - (2) Homeless veterans on land of the department.-- - (A) Collaboration.--During a covered public health - emergency, to the extent possible, the Secretary may - collaborate with one or more organizations to manage - use of land of the Department for homeless veterans for - living and sleeping. - (B) Elements.--Collaboration under subparagraph (A) - may include the provision by either the Secretary or - the organization of food services and security for - property, buildings, and other facilities owned or - controlled by the Department. + (1) Use of funds.--During a covered public health emergency, + the Secretary of Veterans Affairs may use amounts appropriated or + otherwise made available to the Department of Veterans Affairs to + carry out sections 2011, 2012, 2031, and 2061 of title 38, United + States Code, to provide to homeless veterans and veterans + participating in the program carried out under section 8(o)(19) of + the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) + (commonly referred to as ``HUD-VASH''), as the Secretary determines + is needed, the following: + (A) Assistance required for safety and survival (such as + food, shelter, clothing, blankets, and hygiene items). + (B) Transportation required to support stability and health + (such as for appointments with service providers, conducting + housing searches, and obtaining food and supplies). + (C) Communications equipment and services (such as tablets, + smartphones, disposable phones, and related service plans) + required to support stability and health (such as maintaining + contact with service providers, prospective landlords, and + family). + (D) Such other assistance as the Secretary determines is + needed. + (2) Homeless veterans on land of the department.-- + (A) Collaboration.--During a covered public health + emergency, to the extent possible, the Secretary may + collaborate with one or more organizations to manage use of + land of the Department for homeless veterans for living and + sleeping. + (B) Elements.--Collaboration under subparagraph (A) may + include the provision by either the Secretary or the + organization of food services and security for property, + buildings, and other facilities owned or controlled by the + Department. (b) Grant and Per Diem Program.-- - (1) Limits on rates for per diem payments.--Section - 20013(b) of the Coronavirus Aid, Relief, and Economic Security - Act (Public Law 116-136) is amended-- - (A) by redesignating paragraphs (1) and (2) as - subparagraphs (A) and (B), respectively; - (B) in the matter preceding subparagraph (A), as so - redesignated, by inserting ``(1)'' before ``In the - case''; and - (C) by adding at the end the following: + (1) Limits on rates for per diem payments.--Section 20013(b) + of the Coronavirus Aid, Relief, and Economic Security Act (38 + U.S.C. 2011 note; Public Law 116-136) is amended-- + (A) by redesignating paragraphs (1) and (2) as + subparagraphs (A) and (B), respectively; + (B) in the matter preceding subparagraph (A), as so + redesignated, by inserting ``(1)'' before ``In the case''; and + (C) by adding at the end the following: ``(2) If the Secretary waives any limit on grant amounts or rates for per diem payments under paragraph (1), notwithstanding section 2012(a)(2)(B) of such title, the maximum rate for per diem payments described in paragraph (1)(B) shall be three times the rate authorized for State homes for domiciliary care under section 1741 of such title.''. - (2) Use of per diem payments.--During a covered public - health emergency, a recipient of a grant or an eligible entity - under the grant and per diem program of the Department (in this - subsection referred to as the ``program'') may use per diem - payments under sections 2012 and 2061 of title 38, United - States Code, to provide assistance required for safety and - survival (such as food, shelter, clothing, blankets, and - hygiene items) for-- - (A) homeless veterans; and - (B) formerly homeless veterans residing in a - facility operated wholly or in part by such a recipient - or eligible entity receiving per diem payments under - section 2012 of such title. - (3) Additional transitional housing.-- - (A) In general.--During a covered public health - emergency, under the program, the Secretary may provide - amounts for additional transitional housing beds to - facilitate access to housing and services provided to - homeless veterans. - (B) Notice; competition; period of performance.-- - The Secretary may provide amounts under subparagraph - (A)-- - (i) without notice or competition; and - (ii) for a period of performance determined - by the Secretary. - (4) Inspections and life safety code requirements.-- - (A) In general.--During a covered public health - emergency, the Secretary may waive any requirement - under subsection (b) or (c) of section 2012 of title - 38, United States Code, in order to allow the recipient - of a grant or an eligible entity under the program-- - (i) to quickly identify temporary alternate - sites of care for homeless veterans that are - suitable for habitation; - (ii) to facilitate social distancing or - isolation needs; or - (iii) to facilitate activation or - continuation of a program for which a grant has - been awarded. - (B) Limitation.--The Secretary may waive a - requirement pursuant to the authority provided by - subparagraph (A) with respect to a facility of a - recipient of a grant or an eligible entity under the - program only if the facility meets applicable local - safety requirements, including fire safety - requirements. + (2) Modification of funding limits for grants.--Subsection + (c)(2) of section 2011 of title 38, United States Code, shall not + apply to any grant awarded during a covered public health emergency + under such section for a project described in subsection (b)(1) of + such section. + (3) Use of per diem payments.--During a covered public health + emergency, a recipient of a grant or an eligible entity under the + grant and per diem program of the Department (in this subsection + referred to as the ``program'') may use per diem payments under + sections 2012 and 2061 of title 38, United States Code, to provide + assistance required for safety and survival (such as food, shelter, + clothing, blankets, and hygiene items) for-- + (A) homeless veterans; and + (B) formerly homeless veterans residing in a facility + operated wholly or in part by such a recipient or eligible + entity receiving per diem payments under section 2012 of such + title. + (4) Additional transitional housing.-- + (A) In general.--During a covered public health emergency, + under the program, the Secretary may provide amounts for + additional transitional housing beds to facilitate access to + housing and services provided to homeless veterans. + (B) Notice; competition; period of performance.--The + Secretary may provide amounts under subparagraph (A)-- + (i) without notice or competition; and + (ii) for a period of performance determined by the + Secretary. + (5) Inspections and life safety code requirements.-- + (A) In general.--During a covered public health emergency, + the Secretary may waive any requirement under subsection (b) or + (c) of section 2012 of title 38, United States Code, in order + to allow the recipient of a grant or an eligible entity under + the program-- + (i) to quickly identify temporary alternate sites of + care for homeless veterans that are suitable for + habitation; + (ii) to facilitate social distancing or isolation + needs; or + (iii) to facilitate activation or continuation of a + program for which a grant has been awarded. + (B) Limitation.--The Secretary may waive a requirement + pursuant to the authority provided by subparagraph (A) with + respect to a facility of a recipient of a grant or an eligible + entity under the program only if the facility meets applicable + local safety requirements, including fire safety requirements. + (6) Disposition of property relating to grants.--During a + covered public health emergency, if the recipient of a grant + awarded before or during such emergency under section 2011 of title + 38, United States Code, for a project described in subsection + (b)(1) of such section is no longer providing services in + accordance with the terms of the grant, the recipient shall not be + subject during such emergency to any property disposition + requirements relating to the grant under subsection (c) or (f) of + section 61.67 of title 38, Code of Federal Regulations, section + 200.311(c) of title 2, Code of Federal Regulations, or successor + regulations. (c) Inspection and Life Safety Code Requirements for Therapeutic Housing.-- - (1) In general.--During a covered public health emergency, - the Secretary may waive any inspection or life safety code - requirement under subsection (c) of section 2032 of title 38, - United States Code-- - (A) to allow quick identification of temporary - alternate sites of care for homeless veterans that are - suitable for habitation; - (B) to facilitate social distancing or isolation - needs; or - (C) to facilitate the operation of housing under - such section. - (2) Limitation.--The Secretary may waive a requirement - pursuant to the authority provided by paragraph (1) with - respect to a residence or facility referred to in such section - 2032 only if the residence or facility, as the case may be, - meets applicable local safety requirements, including fire - safety requirements. + (1) In general.--During a covered public health emergency, the + Secretary may waive any inspection or life safety code requirement + under subsection (c) of section 2032 of title 38, United States + Code-- + (A) to allow quick identification of temporary alternate + sites of care for homeless veterans that are suitable for + habitation; + (B) to facilitate social distancing or isolation needs; or + (C) to facilitate the operation of housing under such + section. + (2) Limitation.--The Secretary may waive a requirement pursuant + to the authority provided by paragraph (1) with respect to a + residence or facility referred to in such section 2032 only if the + residence or facility, as the case may be, meets applicable local + safety requirements, including fire safety requirements. (d) Access to Department of Veterans Affairs Telehealth Services.-- To the extent practicable, during a covered public health emergency, the Secretary shall ensure that veterans participating in or receiving @@ -194,177 +4284,134 @@ services from a program under chapter 20 of title 38, United States Code, have access to telehealth services to which such veterans are eligible under the laws administered by the Secretary, including by ensuring that telehealth capabilities are available to-- - (1) such veterans; - (2) case managers of the Department of programs for - homeless veterans authorized under such chapter; and - (3) community-based service providers for homeless veterans - receiving funds from the Department through grants or - contracts. + (1) such veterans; + (2) case managers of the Department of programs for homeless + veterans authorized under such chapter; and + (3) community-based service providers for homeless veterans + receiving funds from the Department through grants or contracts. (e) Definitions.--In this section: - (1) Covered public health emergency.--The term ``covered - public health emergency'' means an emergency with respect to - COVID-19 declared by a Federal, State, or local authority. - (2) Homeless veteran; veteran.--The terms ``homeless - veteran'' and ``veteran'' have the meanings given those terms - in section 2002 of title 38, United States Code. - (3) Telehealth.-- - (A) In general.--The term ``telehealth'' means the - use of electronic information and telecommunications - technologies to support and promote long-distance - clinical health care, patient and professional health- - related education, public health, and health - administration. - (B) Technologies.--For purposes of subparagraph - (A), ``telecommunications technologies'' include video - conferencing, the internet, streaming media, and - terrestrial and wireless communications. - (f) Emergency Designations.-- - (1) In general.--This section is designated as an emergency - requirement pursuant to section 4(g) of the Statutory Pay-As- - You-Go Act of 2010 (2 U.S.C. 933(g)). - (2) Designation in senate.--In the Senate, this section is - designated as an emergency requirement pursuant to section - 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent - resolution on the budget for fiscal year 2018. - -SEC. 102. EXPANSION OF ELIGIBILITY FOR HUD-VASH. - - (a) HUD Provisions.--Section 8(o)(19) of the United States Housing -Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end -the following new subparagraph: - ``(D) Veteran defined.--In this paragraph, the term - `veteran' has the meaning given that term in section - 2002(b) of title 38, United States Code.''. - (b) VHA Case Managers.--Subsection (b) of section 2003 of title 38, -United States Code, is amended by adding at the end the following: ``In -the case of vouchers provided under the HUD-VASH program under section -8(o)(19) of such Act, for purposes of the preceding sentence, the term -`veteran' shall have the meaning given such term in section 2002(b) of -this title.''. - (c) Annual Report.-- - (1) In general.--Not less frequently than once each year, - the Secretary of Veterans Affairs shall submit to the Committee - on Veterans' Affairs of the Senate and the Committee on - Veterans' Affairs of the House of Representatives a report on - the homelessness services provided under programs of the - Department of Veterans Affairs, including services under the - program carried out under section 8(o)(19) of the United States - Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred - to as ``HUD-VASH''). - (2) Included information.--Each such annual report shall - include, with respect to the year preceding the submittal of - the report-- - (A) a statement of the number of eligible - individuals who were furnished such homelessness - services; - (B) the number of individuals furnished such - services under each such program, disaggregated by the - number of men who received such services and the number - of women who received such services; and - (C) such other information the Secretary determines - appropriate. - -SEC. 103. LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT RISK FOR - HOMELESSNESS. - - (a) In General.--Chapter 20 of title 38, United States Code, is -amended by inserting after section 2022 the following new section: + (1) Covered public health emergency.--The term ``covered public + health emergency'' means an emergency with respect to COVID-19 + declared by a Federal, State, or local authority. + (2) Homeless veteran; veteran.--The terms ``homeless veteran'' + and ``veteran'' have the meanings given those terms in section 2002 + of title 38, United States Code. + (3) Telehealth.-- + (A) In general.--The term ``telehealth'' means the use of + electronic information and telecommunications technologies to + support and promote long-distance clinical health care, patient + and professional health-related education, public health, and + health administration. + (B) Technologies.--For purposes of subparagraph (A), + ``telecommunications technologies'' include video conferencing, + the internet, streaming media, and terrestrial and wireless + communications. +SEC. 4202. LEGAL SERVICES FOR HOMELESS VETERANS AND VETERANS AT RISK +FOR HOMELESSNESS. + (a) In General.--Subchapter III of chapter 20 of title 38, United +States Code, is amended by inserting after section 2022 the following +new section: ``Sec. 2022A. Legal services for homeless veterans and veterans at risk - for homelessness + for homelessness ``(a) Grants.--Subject to the availability of appropriations -provided for such purpose, the Secretary of Veterans Affairs shall make -grants to eligible entities that provide legal services to homeless -veterans and veterans at risk for homelessness. +provided for such purpose, the Secretary shall award grants to eligible +entities that provide legal services to homeless veterans and veterans +at risk for homelessness. ``(b) Criteria.--(1) The Secretary shall-- - ``(A) establish criteria and requirements for grants under - this section, including criteria for entities eligible to - receive such grants; and - ``(B) publish such criteria and requirements in the Federal - Register. + ``(A) establish criteria and requirements for grants under this + section, including criteria for entities eligible to receive such + grants; and + ``(B) publish such criteria and requirements in the Federal + Register. ``(2) In establishing criteria and requirements under paragraph (1), the Secretary shall-- - ``(A) take into consideration any criteria and requirements - needed with respect to carrying out this section in rural - communities, Tribal lands, and the territories and possessions - of the United States; and - ``(B) consult with organizations that have experience in - providing services to homeless veterans, including veterans - service organizations, the Equal Justice Works AmeriCorps - Veterans Legal Corps, and other organizations the Secretary + ``(A) take into consideration any criteria and requirements + needed with respect to carrying out this section in rural + communities, on trust lands, and in the territories and possessions + of the United States; and + ``(B) consult with organizations that have experience in + providing services to homeless veterans, including-- + ``(i) veterans service organizations; + ``(ii) the Equal Justice Works AmeriCorps Veterans Legal + Corps; and + ``(iii) such other organizations as the Secretary determines appropriate. - ``(c) Eligible Entities.--The Secretary may make a grant under this -section to an entity applying for such a grant only if the applicant -for the grant-- - ``(1) is a public or nonprofit private entity with the - capacity (as determined by the Secretary) to effectively - administer a grant under this section; - ``(2) demonstrates that adequate financial support will be - available to carry out the services for which the grant is - sought consistent with the application; - ``(3) agrees to meet the applicable criteria and - requirements established under subsection (b)(1); and - ``(4) has, as determined by the Secretary, demonstrated the - capacity to meet such criteria and requirements. + ``(c) Eligible Entities.--The Secretary may award a grant under +this section to an entity applying for such a grant only if the +applicant for the grant-- + ``(1) is a public or nonprofit private entity with the capacity + (as determined by the Secretary) to effectively administer a grant + under this section; + ``(2) demonstrates that adequate financial support will be + available to carry out the services for which the grant is sought + consistent with the application; + ``(3) agrees to meet the applicable criteria and requirements + established under subsection (b)(1); and + ``(4) has, as determined by the Secretary, demonstrated the + capacity to meet such criteria and requirements. ``(d) Use of Funds.--Grants under this section shall be used to provide homeless veterans and veterans at risk for homelessness the following legal services: - ``(1) Legal services related to housing, including eviction - defense, representation in landlord-tenant cases, and - representation in foreclosure cases. - ``(2) Legal services related to family law, including - assistance in court proceedings for child support, divorce, - estate planning, and family reconciliation. - ``(3) Legal services related to income support, including - assistance in obtaining public benefits. - ``(4) Legal services related to criminal defense, including - defense in matters symptomatic of homelessness, such as - outstanding warrants, fines, and driver's license revocation, - to reduce recidivism and facilitate the overcoming of reentry - obstacles in employment or housing. - ``(5) Legal services related to requests to upgrade the - characterization of a discharge or dismissal of a former member - of the Armed Forces under section 1553 of title 10. - ``(6) Such other legal services as the Secretary determines - appropriate. + ``(1) Legal services relating to housing, including eviction + defense, representation in landlord-tenant cases, and + representation in foreclosure cases. + ``(2) Legal services relating to family law, including + assistance in court proceedings for child support, divorce, estate + planning, and family reconciliation. + ``(3) Legal services relating to income support, including + assistance in obtaining public benefits. + ``(4) Legal services relating to criminal defense, including + defense in matters symptomatic of homelessness, such as outstanding + warrants, fines, and driver's license revocation, to reduce + recidivism and facilitate the overcoming of reentry obstacles in + employment or housing. + ``(5) Legal services relating to requests to upgrade the + characterization of a discharge or dismissal of a former member of + the Armed Forces under section 1553 of title 10. + ``(6) Such other legal services as the Secretary determines + appropriate. ``(e) Funds for Women Veterans.--For any fiscal year, not less than 10 percent of the amount authorized to be appropriated for grants under this section shall be used to provide legal services described in subsection (d) to women veterans. ``(f) Locations.--To the extent practicable, the Secretary shall -make grants under this section to eligible entities in a manner that is -equitably distributed across the geographic regions of the United +award grants under this section to eligible entities in a manner that +is equitably distributed across the geographic regions of the United States, including with respect to-- - ``(1) rural communities; - ``(2) Tribal lands; - ``(3) Native Americans; and - ``(4) Tribal organizations. - ``(g) Reports.--On a biennial basis, the Secretary shall submit to -the Committees on Veterans' Affairs of the House of Representatives and -the Senate a report on grants under this section. To the extent -feasible, each such report shall include the following with respect to -the year covered by the report: - ``(1) The number of homeless veterans and veterans at risk - for homelessness assisted. - ``(2) A description of the legal services provided. - ``(3) A description of the legal matters addressed. - ``(4) An analysis by the Secretary with respect to the - operational effectiveness and cost-effectiveness of the - services provided.''. + ``(1) rural communities; + ``(2) trust lands (as defined in section 3765 of this title); + ``(3) Native Americans; and + ``(4) tribal organizations (as defined in section 4 of the + Indian Self-Determination and Education Assistance Act (25 U.S.C. + 5304)). + ``(g) Biennial Reports.--(1) Not less frequently than once every +two years, the Secretary shall submit to the Committee on Veterans' +Affairs of the Senate and the Committee on Veterans' Affairs of the +House of Representatives a report on grants awarded under this section. + ``(2) To the extent feasible, each report required by paragraph (1) +shall include the following with respect to the period covered by the +report: + ``(A) The number of homeless veterans and veterans at risk for + homelessness assisted. + ``(B) A description of the legal services provided. + ``(C) A description of the legal matters addressed. + ``(D) An analysis by the Secretary with respect to the + operational effectiveness and cost-effectiveness of the services + provided.''. (b) Clerical Amendment.--The table of sections at the beginning of -such chapter is amended by inserting after the item relating to section -2022 the following new item: +chapter 20 of such title is amended by inserting after the item +relating to section 2022 the following new item: ``2022A. Legal services for homeless veterans and veterans at risk for - homelessness.''. + homelessness.''. + (c) Criteria.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall -establish the criteria and requirements in the Federal Register -pursuant to subsection (b)(1) of section 2022A of title 38, United -States Code, as added by subsection (a). - -SEC. 104. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS THAT - PROVIDE ASSISTANCE TO WOMEN VETERANS WHO ARE HOMELESS. - +establish and publish in the Federal Register the criteria and +requirements pursuant to subsection (b)(1) of section 2022A of title +38, United States Code, as added by subsection (a). +SEC. 4203. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS THAT +PROVIDE ASSISTANCE TO WOMEN VETERANS WHO ARE HOMELESS. (a) In General.--The Secretary of Veterans Affairs shall complete an analysis of programs of the Department of Veterans Affairs that provide assistance to women veterans who are homeless or precariously @@ -375,571 +4422,286 @@ enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the analysis completed under subsection (a). - -SEC. 105. IMPROVEMENTS TO GRANTS AND AGREEMENTS BETWEEN THE SECRETARY - OF VETERANS AFFAIRS AND ENTITIES THAT PROVIDE SERVICES TO - HOMELESS VETERANS. - - (a) Increase in Per Diem Payments.--Subsection (a)(2)(B) of section -2012 of title 38, United States Code, is amended-- - (1) by striking clause (i) and inserting the following: - ``(i) Except as provided in clause (ii) or (iii) and subject to the -availability of appropriations, the Secretary shall determine the rate -under this paragraph, which-- - ``(I) may not-- - ``(aa) be lower than the amount in effect under - this clause as in effect immediately preceding the - enactment of the Dependable Employment and Living - Improvements for Veterans Economic Recovery Act; or - ``(bb) exceed the amount that is 115 percent of the - rate authorized for State homes for domiciliary care - under subsection (a)(1)(A) of section 1741 of this - title, as the Secretary may increase from time to time - under subsection (c) of that section; and - ``(II) may be determined on the basis of locality.''; and - (2) by adding at the end the following new clause: - ``(iii) With respect to a homeless veteran who has care of a minor -dependent while receiving services from the grant recipient or eligible -entity, the daily cost of care shall be the sum of the daily cost of -care determined under subparagraph (A) plus, for each such minor -dependent, an amount that equals 50 percent of such daily cost of -care.''. +SEC. 4204. IMPROVEMENTS TO GRANTS AWARDED BY THE SECRETARY OF VETERANS +AFFAIRS TO ENTITIES THAT PROVIDE SERVICES TO HOMELESS VETERANS. + (a) Increase in Per Diem Payments.--Paragraph (2) of subsection (a) +of section 2012 of title 38, United States Code, is amended to read as +follows: + ``(2)(A)(i) Except as otherwise provided in subparagraph (B), the +rate for such per diem payments shall be the daily cost of care +estimated by the grant recipient or eligible entity adjusted by the +Secretary under clause (ii). + ``(ii)(I) The Secretary shall adjust the rate estimated by the +grant recipient or eligible entity under clause (i) to exclude other +sources of income described in subclause (III) that the grant recipient +or eligible entity certifies to be correct. + ``(II) Each grant recipient or eligible entity shall provide to the +Secretary such information with respect to other sources of income as +the Secretary may require to make the adjustment under subclause (I). + ``(III) The other sources of income referred to in subclauses (I) +and (II) are payments to the grant recipient or eligible entity for +furnishing services to homeless veterans under programs other than +under this subchapter, including payments and grants from other +departments and agencies of the United States, from departments or +agencies of State or local government, and from private entities or +organizations. + ``(iii) For purposes of calculating the rate for per diem payments +under clause (i), in the case of a homeless veteran who has care of a +minor dependent while receiving services from the grant recipient or +eligible entity, the daily cost of care of the homeless veteran shall +be the sum of the daily cost of care of the homeless veteran determined +under clause (i) plus, for each such minor dependent, an amount that +equals 50 percent of such daily cost of care. + ``(B)(i)(I) Except as provided in clause (ii), and subject to the +availability of appropriations, the Secretary may adjust the rate for +per diem payments under this paragraph, as the Secretary considers +appropriate. + ``(II) Any adjustment made under this clause-- + ``(aa) may not result in a rate that-- + ``(AA) is lower than the rate in effect under this + paragraph as in effect immediately preceding the date of the + enactment of the Navy SEAL Bill Mulder Act of 2020; or + ``(BB) exceeds the rate that is 115 percent of the rate + authorized for State homes for domiciliary care under + subsection (a)(1)(A) of section 1741 of this title, as the + Secretary may increase from time to time under subsection (c) + of that section; and + ``(bb) may be determined on the basis of locality. + ``(ii) In the case of services furnished to a homeless veteran who +is placed in housing that will become permanent housing for the veteran +upon termination of the furnishing of such services to such veteran, +the maximum rate of per diem authorized under this section is 150 +percent of the rate authorized for State homes for domiciliary care +under subsection (a)(1)(A) of section 1741 of this title, as the +Secretary may increase from time to time under subsection (c) of that +section.''. (b) Reimbursement of Certain Fees.--Such section is further amended by adding at the end the following new subsection: ``(e) Reimbursement of Entities for Certain Fees.--The Secretary -may reimburse the recipient of a grant under section 2011, 2012, 2013, -or 2061 of this title for fees charged to that grant recipient for the +may reimburse a recipient of a grant under section 2011, 2013, or 2061 +of this title or a recipient of per diem payments under this section +for fees charged to that grant or per diem payment recipient for the use of the homeless management information system described in section -402 of the McKinney-Vento Homeless Assistance Act (Public Law 100-77; -42 U.S.C. 11630a)-- - ``(1) in amounts the Secretary determines to be reasonable; - and - ``(2) if the Secretary determines that the grant recipient - is unable to obtain information contained in such system - through other means and at no cost to the grant recipient.''. - -SEC. 106. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF - REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK FOR - HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN - INSTITUTIONS. - - Section 2023 of title 38, United States Code, is amended-- - (1) by striking subsection (d); and - (2) by redesignating subsection (e) as subsection (d). - -SEC. 107. COORDINATION OF CASE MANAGEMENT SERVICES FOR VETERANS - RECEIVING HOUSING VOUCHERS UNDER TRIBAL HUD-VASH PROGRAM. - +402(f) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. +11360a(f))-- + ``(1) in amounts the Secretary determines to be reasonable; and + ``(2) if the Secretary determines that the grant or per diem + payment recipient is unable to obtain information contained in such + system through other means and at no cost to the grant or per diem + payment recipient.''. +SEC. 4205. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF +REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK FOR HOMELESSNESS +WHO ARE TRANSITIONING FROM CERTAIN INSTITUTIONS. + (a) In General.--Section 2023 of title 38, United States Code, is +amended-- + (1) by striking subsection (d); and + (2) by redesignating subsection (e) as subsection (d). + (b) Conforming Amendment.--Section 2021(a)(4) of such title is +amended by striking ``section 2023(e)'' and inserting ``section +2023(d)''. +SEC. 4206. COORDINATION OF CASE MANAGEMENT SERVICES FOR VETERANS +RECEIVING HOUSING VOUCHERS UNDER TRIBAL HOUSING AND URBAN DEVELOPMENT- +VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM. Section 2003 of title 38, United States Code, is amended by adding at the end the following new subsection: - ``(c) MOU on IHS Assistance.--The Secretary may enter into a -memorandum of understanding with the Secretary of Health and Human -Services under which case managers of the Indian Health Service may -provide case management assistance to veterans who receive housing -vouchers under the Tribal HUD-VASH program of the Department of Housing -and Urban Development.''. - -SEC. 108. CONTRACTING FOR HUD-VASH CASE MANAGERS. - + ``(c) Memorandum of Understanding on Assistance From Indian Health +Service.--The Secretary may enter into a memorandum of understanding +with the Secretary of Health and Human Services under which case +managers of the Indian Health Service may provide case management +assistance to veterans who receive housing vouchers under the Tribal +Housing and Urban Development-Veterans Affairs Supportive Housing +(Tribal HUD-VASH) program of the Department of Housing and Urban +Development.''. +SEC. 4207. CONTRACTS RELATING TO CASE MANAGERS FOR HOMELESS VETERANS IN +SUPPORTED HOUSING PROGRAM. (a) In General.--Section 304 of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 38 U.S.C. 2041 note) is amended-- - (1) in subsection (a)-- - (A) by inserting ``(1)'' before ``The Secretary''; - (B) by adding at the end the following new - paragraphs: - ``(2)(A) Subject to subparagraphs (B) and (C), the director of a -covered medical center shall seek to enter into a contract or agreement -described in paragraph (1). - ``(B) A contract or agreement under subparagraph (A) may require -that a case manager employed by an eligible entity have credentials -equivalent to those of a case manager of the Department. - ``(C) The Secretary may waive the requirement under subparagraph -(A) if the Secretary determines that fulfilling such requirement is -infeasible. If the Secretary grants such a waiver, the Secretary shall -submit, not later than 90 days after granting such waiver, to the -Committees on Veterans' Affairs of the Senate and House of -Representatives, a report containing-- - ``(i) an explanation of that determination; - ``(ii) a plan to increase the number of case managers of - the Department; and - ``(iii) a plan for the covered medical center to increase - use of such vouchers. + (1) in subsection (a)-- + (A) by inserting ``(1)'' before ``The Secretary''; + (B) by adding at the end the following new paragraphs: + ``(2)(A) The director of each covered medical center shall seek to +enter into one or more contracts or agreements described in paragraph +(1). + ``(B) Any contract or agreement under subparagraph (A) may require +that each case manager employed by an eligible entity who performs +services under the contract or agreement has credentials equivalent to +the credentials required for a case manager of the Department. + ``(C)(i) The Secretary may waive the requirement under subparagraph +(A) with respect to a covered medical center if the Secretary +determines that fulfilling such requirement is infeasible. + ``(ii) If the Secretary grants a waiver under clause (i), the +Secretary shall, not later than 90 days after granting such waiver, +submit to the Committee on Veterans' Affairs of the Senate and the +Committee on Veterans' Affairs of the House of Representatives a report +containing-- + ``(I) an explanation of the determination made under clause + (i); + ``(II) a plan to increase the number of case managers of the + Department; and + ``(III) a plan for the covered medical center to increase use + of housing vouchers allocated to that medical center under the + program described in paragraph (1). ``(D) In this paragraph, the term `covered medical center' means a -medical center of the Department that the Secretary determines-- - ``(i) had more than 15 percent of all vouchers allocated to - that medical center under the program described in paragraph - (1) through the fiscal year preceding such determination go - unused due to a lack of case management services provided by - the Secretary; and - ``(ii) has a case manager position that has been vacant for - at least nine consecutive months immediately preceding the date - of such determination.''; and - (2) in subsection (b)(2)-- - (A) in the matter before subparagraph (A), by - striking ``, including because--'' and inserting a - period; and - (B) by striking subparagraphs (A), (B), and (C). +medical center of the Department with respect to which the Secretary +determines that-- + ``(i) more than 15 percent of all housing vouchers allocated to + that medical center under the program described in paragraph (1) + during the fiscal year preceding the fiscal year in which such + determination was made were unused due to a lack of case management + services provided by the Secretary; and + ``(ii) one or more case manager positions have been vacant for + at least nine consecutive months immediately preceding the date of + such determination.''; and + (2) in subsection (b)(2)-- + (A) in the matter before subparagraph (A), by striking ``, + including because--'' and inserting a period; and + (B) by striking subparagraphs (A), (B), and (C). (b) Effective Date.--The amendments made by this section shall take -effect on the first day of the first fiscal year to begin on or after -the date of the enactment of this Act. - -SEC. 109. REPORT ON HUD-VASH STAFFING, TRAINING, AND DATA SYSTEMS. - +effect on the first day of the first fiscal year that begins after the +date of the enactment of this Act. +SEC. 4208. REPORT ON STAFFING OF DEPARTMENT OF HOUSING AND URBAN +DEVELOPMENT-DEPARTMENT OF VETERANS AFFAIRS SUPPORTED HOUSING PROGRAM. Not later than 180 days after the date of the enactment of this Act, and every three years thereafter, the Secretary of Veterans -Affairs shall submit to the Committees on Veterans' Affairs of the -House of Representatives and the Senate a report that includes the -following: - (1) An assessment of the hiring needs of the program - carried out under section 8(o)(19) of the United States Housing - Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to as - ``HUD-VASH''), including-- - (A) identification of the number of HUD-VASH case - managers as of the date of the report including-- - (i) the total number of vacancies; and - (ii) the vacancies at each medical center - of the Department of Veterans Affairs; - (B) the number of HUD-VASH case managers that the - Secretaries of Veterans Affairs and Housing and Urban - Development determine necessary to meet the needs of - the Department and program; and - (C) the amount of turnover among HUD-VASH case - managers and whether the turnover was planned or - unexpected. - (2) An assessment of how compensation, including - recruitment and retention incentives, for HUD-VASH case - managers affects turnover, and what percentage of retention - compensation is provided to case managers at each medical - center of the Department of Veterans Affairs (compared to other - positions). - (3) A comparison of compensation described in paragraph (2) - with the compensation provided to State, local, and - nongovernmental housing employees at comparable training and - experience levels. - (4) Examples of how the Departments have worked with non- - Federal partners (such as local governments, nongovernmental - organizations, veterans service organizations, and employee - unions) to meet the staffing needs of the HUD-VASH program. - (5) Examples of how medical centers of the Department of - Veterans Affairs with high retention rates for HUD-VASH case - managers have been able to maintain their staffing levels. - - TITLE II--RETRAINING ASSISTANCE FOR VETERANS - -SEC. 201. COVID-19 VETERAN RAPID RETRAINING ASSISTANCE PROGRAM. - - (a) In General.--The Secretary of Veterans Affairs shall carry out -a program under which the Secretary shall provide up to 12 months of -retraining assistance to an eligible veteran for the pursuit of a -covered program of education. Such retraining assistance shall be in -addition to any other entitlement to educational assistance or benefits -for which a veteran is, or has been, eligible. - (b) Eligible Veterans.-- - (1) In general.--For purposes of this section, the term - ``eligible veteran'' means a veteran who-- - (A) as of the date of the receipt by the Department - of Veterans Affairs of the application for assistance - under this section, is at least 22 years of age but not - more than 66 years of age; - (B) as of such date, is unemployed by reason of the - covered public health emergency, as certified by the - veteran; - (C) as of such date, is not eligible to receive - educational assistance under chapter 30, 31, 32, 33, or - 35 of title 38, United States Code, or chapter 1606 of - title 10, United States Code; - (D) is not enrolled in any Federal or State jobs - program; - (E) is not in receipt of compensation for a - service-connected disability rated totally disabling by - reason of unemployability; and - (F) will not be in receipt of unemployment - compensation (as defined in section 85(b) of the - Internal Revenue Code of 1986), including any cash - benefit received pursuant to subtitle A of title II of - division A of the CARES Act (Public Law 116-136), as of - the first day on which the veteran would receive a - housing stipend payment under this section. - (2) Treatment of veterans who transfer entitlement.--For - purposes of paragraph (1)(C), a veteran who has transferred all - of the veteran's entitlement to educational assistance under - section 3319 of title 38, United States Code, shall be - considered to be a veteran who is not eligible to receive - educational assistance under chapter 33 of such title. - (3) Failure to complete.--A veteran who receives retraining - assistance under this section to pursue a program of education - and who fails to complete the program of education shall not be - eligible to receive additional assistance under this section. - (c) Covered Programs of Education.-- - (1) In general.--For purposes of this section, a covered - program of education is a program of education (as such term is - defined in section 3452(b) of title 38, United States Code) for - training, pursued on a full-time or part-time basis-- - (A) that-- - (i) is approved under chapter 36 of such - title; - (ii) does not lead to a bachelors or - graduate degree; and - (iii) is designed to provide training for a - high-demand occupation, as determined under - paragraph (3); or - (B) that is a high technology program of education - offered by a qualified provider, under the meaning - given such terms in section 116 of the Harry W. Colmery - Veterans Educational Assistance Act of 2017 (Public Law - 115-48; 38 U.S.C. 3001 note). - (2) Accredited programs.--In the case of an accredited - program of education, the program of education shall not be - considered a covered program of education under this section if - the program has received a show cause order from the accreditor - of the program during the five-year period preceding the date - of the enactment of this Act. - (3) Determination of high-demand occupations.-- - (A) Initial implementation.--In carrying out this - section, the Secretary shall use the list of high- - demand occupations compiled by the Commissioner of - Labor Statistics until the final list under - subparagraph (C) is complete. - (B) Study required.--The Secretary of Veterans - Affairs shall enter into an agreement with a federally - funded research and development corporation or another - appropriate non-Department entity for the conduct of a - study to determine which occupations are high-demand - occupations. Such study shall be completed not later - than 90 days after the date of the enactment of this - Act. - (C) Final list.--The Secretary-- - (i) may add or remove occupation from the - list in use pursuant to subparagraph (A) during - the 90-day period following the completion of - the study required by subparagraph (B); - (ii) shall issue a final list of high- - demand occupations for use under this section - by not later than 90 days after the date of the - completion of the study; and - (iii) shall make such final list publicly - available on a website of the Department. - (D) Use of list.--The Secretary shall use the list - developed under this paragraph in order to apply the - requirement that retraining assistance under this - section is used for training for a high-demand - occupation, but the Secretary may remove occupations - from the list as the Secretary determines appropriate. - (4) Full-time defined.--For purposes of this subsection, - the term ``full-time'' has the meaning given such term under - section 3688 of title 38, United States Code. - (d) Amount of Assistance.-- - (1) Retraining assistance.--The Secretary of Veterans - Affairs shall provide to an eligible veteran pursuing a covered - program of education under the retraining assistance program - under this section an amount equal to the amount of educational - assistance payable under section 3313(c)(1)(A) of title 38, - United States Code, for each month the veteran pursues the - covered program of education. Such amount shall be payable - directly to the educational institution offering the covered - program of education pursued by the veteran as follows: - (A) 50 percent of the total amount payable shall be - paid when the eligible veteran begins the program of - education. - (B) 25 percent of the total amount payable shall be - paid when the eligible veteran completes the program of - education. - (C) 25 percent of the total amount payable shall be - paid when the eligible veteran finds employment in a - field related to the program of education. - (2) Failure to complete.-- - (A) Pro-rated payments.--In the case of a veteran - who pursues a covered program of education under the - retraining assistance program under this section, but - who does not complete the program of education, the - Secretary shall pay to the educational institution - offering such program of education a pro-rated amount - based on the number of months the veteran pursued the - program of education in accordance with this paragraph. - (B) Payment otherwise due upon completion of - program.--The Secretary shall pay to the educational - institution a pro-rated amount under paragraph (1)(B) - when the veteran provides notice to the educational - institution that the veteran no longer intends to - pursue the program of education. - (C) Nonrecovery from veteran.--In the case of a - veteran referred to in subparagraph (A), the - educational institution may not seek payment from the - veteran for any amount that would have been payable - under paragraph (1)(B) had the veteran completed the - program of education. - (D) Payment due upon employment.-- - (i) Veterans who find employment.--In the - case of a veteran referred to in subparagraph - (A) who finds employment in a field related to - the program of education during the 180-day - period beginning on the date on which the - veteran withdraws from the program of - education, the Secretary shall pay to the - educational institution a pro-rated amount - under paragraph (1)(C) when the veteran finds - such employment. - (ii) Veterans who do not find employment.-- - In the case of a veteran referred to in - subparagraph (A) who does not find employment - in a field related to the program of education - during the 180-day period beginning on the date - on which the veteran withdraws from the program - of education-- - (I) the Secretary shall not make a - payment to the educational institution - under paragraph (1)(C); and - (II) the educational institution - may not seek payment from the veteran - for any amount that would have been - payable under paragraph (1)(C) had the - veteran found employment during such - 180-day period. - (3) Housing stipend.--For each month that an eligible - veteran pursues a covered program of education under the - retraining assistance program under this section, the Secretary - shall pay to the veteran a monthly housing stipend in an amount - equal to-- - (A) in the case of a covered program of education - leading to a degree, or a covered program of education - not leading to a degree, at an institution of higher - learning (as that term is defined in section 3452(f) of - title 38, United States Code) pursued on more than a - half-time basis, the amount specified under subsection - (c)(1)(B) of section 3313 of title 38, United States - Code; - (B) in the case of a covered program of education - other than a program of education leading to a degree - at an institution other than an institution of higher - learning pursued on more than a half-time basis, the - amount specified under subsection (g)(3)(A)(ii) of such - section; or - (C) in the case of a covered program of education - pursued on less than a half-time basis, or a covered - program of education pursued solely through distance - learning on more than a half-time basis, the amount - specified under subsection (c)(1)(B)(iii) of such - section. - (4) Failure to find employment.--The Secretary shall not - make a payment under paragraph (1)(C) with respect to an - eligible veteran who completes or fails to complete a program - of education under the retraining assistance program under this - section if the veteran fails to find employment in a field - related to the program of education within the 180-period - beginning on the date on which the veteran withdraws from or - completes the program. - (e) No Transferability.--Retraining assistance provided under this -section may not be transferred to another individual. - (f) Employment Assistance.-- - (1) In general.--The Secretary of Labor shall contact each - veteran who pursues a covered program of education under this - section-- - (A) not later than 30 days after the date on which - the veteran begins the program of education to notify - the veteran of the availability of employment placement - services upon completion of the program; and - (B) not later than 14 days after the date on which - the veteran completes, or terminates participation in, - such program to facilitate the provision of employment - placement services to such veteran. - (2) Provision of information.--The Secretary of Veterans - Affairs shall provide to the Secretary of Labor such - information as may be necessary to carry out paragraph (1). - (g) Nonprofit Organization.-- - (1) In general.--The Secretary of Veterans Affairs shall - seek to enter into a memorandum of understanding with one or - more qualified nonprofit organizations for the purpose of - facilitating the employment of veterans who participate in the - retraining assistance program under this section. - (2) Qualified nonprofit organization.--For purposes of this - subsection, a qualified nonprofit organization is a nonprofit - organization that-- - (A) is an association of businesses; and - (B) has at least two years of experience providing - job placement services for veterans. - (h) Follow up Outreach.--The Secretary of Veterans Affairs, in -coordination with the Secretary of Labor shall contact each veteran who -completes a covered program of education under the retraining -assistance program under this section 30, 60, 90, and 180 days after -the veteran completes such program of education to ask the veteran -about the experience of the veteran in the retraining assistance -program and the veteran's employment status. - (i) Quarterly Reports.--Not later than the date that is one year -after the date of the enactment of this Act, and quarterly thereafter, -the Secretary of Labor shall submit to the Committees on Veterans' -Affairs of the Senate and House of Representatives a report containing -the following information about veterans who participate in the -retraining assistance program under this section: - (1) The percentage of such veterans who found employment - before the end of the second calendar quarter after exiting the - program. - (2) The percentage of such veterans who found employment - before the end of the fourth calendar quarter after exiting the - program. - (3) The median earnings of all such veterans for the second - quarter after exiting the program. - (4) The percentage of such veterans who attain a recognized - postsecondary credential during the 12-month period after - exiting the program. - (j) Limitation.--Not more than 17,250 eligible veterans may receive -retraining assistance under this section. - (k) Termination.--No retraining assistance may be paid under this -section after the date that is 21 months after the date of the -enactment of this Act. - (l) GAO Report.--Not later than 180 days after the termination of -the retraining assistance program under subsection (k), the Comptroller -General shall submit to the Committees on Veterans' Affairs of the -Senate and House of Representatives a report on the outcomes and -effectiveness of the program. - (m) Definitions.--In this section: - (1) The term ``covered public health emergency'' means the - declaration-- - (A) of a public health emergency, based on an - outbreak of COVID-19 by the Secretary of Health and - Human Services under section 319 of the Public Health - Service Act (42 U.S.C. 247d); or - (B) of a domestic emergency, based on an outbreak - of COVID-19 by the President, the Secretary of Homeland - Security, or State, or local authority. - (2) The term ``veteran'' means-- - (A) a person who served in the active military, - naval, or air service, and who was discharged or - released therefrom under conditions other than - dishonorable; or - (B) a member of a reserve component of the Armed - Forces who performs active service for a period of 30 - days or longer by reason of the covered public health - emergency. - (3) The term ``active service'' has the meaning given such - term in section 101 of title 10, United States Code. - (n) Funding.-- - (1) In general.--For each fiscal year for which the - Secretary provides retraining assistance under this section, - such sums as may be necessary shall be made available for such - assistance from funds appropriated to, or otherwise made - available to, the Department for the payment of readjustment - benefits. - (2) Administrative costs.--There is authorized to be - appropriated $15,000,000 to carry out administrative functions - of this section. - (o) Initiation of Payments.--The Secretary may begin providing -retraining assistance under this section on the date that is 180 days -after the date of the enactment of this Act. - -SEC. 202. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS AFFAIRS TO - THE FEDERAL DIRECTORY OF NEW HIRES. +Affairs shall submit to the Committee on Veterans' Affairs of the +Senate and the Committee on Veterans' Affairs of the House of +Representatives a report that includes the following: + (1) An assessment of the hiring needs of the program carried + out under section 8(o)(19) of the United States Housing Act of 1937 + (42 U.S.C. 1437f(o)(19)) (in this section referred to as the ``HUD- + VASH program''), including-- + (A) an identification of the number of case managers of the + HUD-VASH program as of the date of the report including-- + (i) the total number of vacancies; and + (ii) the vacancies at each medical center of the + Department of Veterans Affairs; + (B) the number of case managers of the HUD-VASH program + that the Secretary of Veterans Affairs and the Secretary of + Housing and Urban Development jointly determine necessary to + meet the needs of the Department and the program; and + (C) the amount of turnover among case managers of the HUD- + VASH program and whether the turnover was planned or + unexpected. + (2) An assessment of how compensation, including recruitment + and retention incentives, for case managers of the HUD-VASH program + affects turnover, and what percentage of retention compensation is + provided to such case managers at each medical center of the + Department of Veterans Affairs (compared to other positions). + (3) A comparison of compensation described in paragraph (2) + with the compensation provided to State, local, and nongovernmental + housing employees at comparable training and experience levels. + (4) Examples of how the Department of Veterans Affairs and the + Department of Housing and Urban Development have worked with non- + Federal partners (such as local governments, nongovernmental + organizations, veterans service organizations, and employee unions) + to meet the staffing needs of the HUD-VASH program. + (5) Examples of how medical centers of the Department of + Veterans Affairs with high retention rates for case managers of the + HUD-VASH program have been able to maintain staffing levels. + Subtitle C--Retraining Assistance for Veterans + +SEC. 4301. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS AFFAIRS TO +THE FEDERAL DIRECTORY OF NEW HIRES. Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is amended by adding at the end the following new paragraph: - ``(4) Veteran employment.--The Secretaries of Labor and of - Veterans Affairs shall have access to information reported by - employers pursuant to subsection (b) of this section for - purposes of tracking employment of veterans.''. - -SEC. 203. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH TECHNOLOGY - PROGRAMS OF EDUCATION FOR VETERANS. - + ``(4) Veteran employment.--The Secretaries of Labor and of + Veterans Affairs shall have access to information reported by + employers pursuant to subsection (b) of this section for purposes + of tracking employment of veterans.''. +SEC. 4302. EXPANSION OF ELIGIBLE CLASS OF PROVIDERS OF HIGH TECHNOLOGY +PROGRAMS OF EDUCATION FOR VETERANS. Section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115-48; 38 U.S.C. 3001 note) is amended-- - (1) in subsection (b), by adding at the end the following: - ``The Secretary shall treat an individual as an eligible - veteran if the Secretary determines that the individual shall - become an eligible veteran fewer than 180 days after the date - of such determination. If an individual treated as an eligible - veteran by reason of the preceding sentence does anything to - make the veteran ineligible during the 180-day period referred - to in such sentence, the Secretary may require the veteran to - repay any benefits received by such veteran by reason of such - sentence.''; - (2) in subsection (c)-- - (A) in paragraph (3)(A), by striking ``has been - operational for at least 2 years'' and inserting - ``employs instructors whom the Secretary determines are - experts in their respective fields in accordance with - paragraph (6)''; and - (B) by adding at the end the following new - paragraph: - ``(6) Experts.--The Secretary shall determine whether - instructors are experts under paragraph (3)(A) based on - evidence furnished to the Secretary by the provider regarding - the ability of the instructors to-- - ``(A) identify professions in need of new employees - to hire, tailor the programs to meet market needs, and - identify the employers likely to hire graduates; - ``(B) effectively teach the skills offered to - eligible veterans; - ``(C) provide relevant industry experience in the - fields of programs offered to incoming eligible - veterans; and - ``(D) demonstrate relevant industry experience in - such fields of programs.''; - (3) in subsection (d), in the matter preceding paragraph - (1)-- - (A) by inserting ``(not including an individual - described in the second sentence of subsection (b))'' - after ``each eligible veteran''; and - (B) by inserting ``or part-time'' after ``full- - time''; - (4) in subsection (g), by striking ``$15,000,000'' and - inserting ``$45,000,000''; and - (5) by adding at the end the following new subsection (i): + (1) in subsection (b), by adding at the end the following: + ``The Secretary shall treat an individual as an eligible veteran if + the Secretary determines that the individual shall become an + eligible veteran fewer than 180 days after the date of such + determination. If an individual treated as an eligible veteran by + reason of the preceding sentence does anything to make the veteran + ineligible during the 180-day period referred to in such sentence, + the Secretary may require the veteran to repay any benefits + received by such veteran by reason of such sentence.''; + (2) in subsection (c)-- + (A) in paragraph (3)(A), by striking ``has been operational + for at least 2 years'' and inserting ``employs instructors whom + the Secretary determines are experts in their respective fields + in accordance with paragraph (6)''; and + (B) by adding at the end the following new paragraph: + ``(6) Experts.--The Secretary shall determine whether + instructors are experts under paragraph (3)(A) based on evidence + furnished to the Secretary by the provider regarding the ability of + the instructors to-- + ``(A) identify professions in need of new employees to + hire, tailor the programs to meet market needs, and identify + the employers likely to hire graduates; + ``(B) effectively teach the skills offered to eligible + veterans; + ``(C) provide relevant industry experience in the fields of + programs offered to incoming eligible veterans; and + ``(D) demonstrate relevant industry experience in such + fields of programs.''; + (3) in subsection (d), in the matter preceding paragraph (1)-- + (A) by inserting ``(not including an individual described + in the second sentence of subsection (b))'' after ``each + eligible veteran''; and + (B) by inserting ``or part-time'' after ``full-time''; + (4) in subsection (g), by striking ``$15,000,000'' and + inserting ``$45,000,000''; and + (5) by adding at the end the following new subsection (i): ``(i) Prohibition on Certain Accounting of Assistance.--The Secretary may not consider enrollment in a high technology program of education under this section to be assistance under a provision of law referred to in section 3695 of title 38, United States Code.''. - -SEC. 204. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR VETERANS - AND SPOUSES. - +SEC. 4303. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR VETERANS +AND SPOUSES. (a) Extension of Pilot Program.--Subsection (a) of section 301 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 10 U.S.C. 1144 note) is amended-- - (1) by striking ``During the two-year period beginning on - the date of the enactment of this Act'' and inserting ``During - the 5-year period beginning on the date of the enactment of the - Dependable Employment and Living Improvements for Veterans - Economic Recovery Act''; and - (2) by striking ``to assess the feasibility and - advisability of providing such program to eligible individuals - at locations other than military installations''. + (1) by striking ``During the two-year period beginning on the + date of the enactment of this Act'' and inserting ``During the + five-year period beginning on the date of the enactment of the Navy + SEAL Bill Mulder Act of 2020''; and + (2) by striking ``to assess the feasibility and advisability of + providing such program to eligible individuals at locations other + than military installations''. (b) Locations.--Subsection (c) of such section is amended-- - (1) in paragraph (1), by striking ``not less than three and - not more than five States'' and inserting ``not fewer than 50 - locations in States (as defined in section 101 of title 38, - United States Code)''; - (2) in paragraph (2), by striking ``at least two'' and - inserting ``at least 20''; and - (3) by adding at the end the following new paragraphs: - ``(5) Preferences.--In selecting States for participation - in the pilot program, the Secretary shall provide a preference - for any State with-- - ``(A) a high rate of usage of unemployment benefits - for recently separated members of the Armed Forces; or - ``(B) a labor force or economy that has been - significantly impacted by the covered public health - emergency. - ``(6) Covered public health emergency.--In this subsection, - the term `covered public health emergency' means the - declaration-- - ``(A) of a public health emergency, based on an - outbreak of COVID-19 by the Secretary of Health and - Human Services under section 319 of the Public Health - Service Act (42 U.S.C. 247d); or - ``(B) of a domestic emergency, based on an outbreak - of COVID-19 by the President, the Secretary of Homeland - Security, or State, or local authority.''. + (1) in paragraph (1)-- + (A) in the paragraph heading, by striking ``States'' and + inserting ``locations''; and + (B) by striking ``not less than three and not more than + five States'' and inserting ``not fewer than 50 locations in + States (as defined in section 101 of title 38, United States + Code)''; + (2) in paragraph (2), by striking ``at least two'' and + inserting ``at least 20''; and + (3) by adding at the end the following new paragraphs: + ``(5) Preferences.--In selecting States for participation in + the pilot program, the Secretary shall provide a preference for any + State with-- + ``(A) a high rate of usage of unemployment benefits for + recently separated members of the Armed Forces; or + ``(B) a labor force or economy that has been significantly + impacted by a covered public health emergency. + ``(6) Covered public health emergency defined.--In this + subsection, the term `covered public health emergency' means-- + ``(A) the public health emergency declared by the Secretary + of Health and Human Services under section 319 of the Public + Health Service Act (42 U.S.C. 247d) on January 31, 2020, with + respect to Coronavirus Disease 2019 (COVID-19); or + ``(B) a domestic emergency declared, based on an outbreak + of Coronavirus Disease 2019 (COVID-19), by the President, the + Secretary of Homeland Security, or a State or local + authority.''. (c) Annual Report.--Subsection (e) of such section is amended by adding at the end the following new sentence: ``Each such report shall include information about the employment outcomes of the eligible individuals who received such training during the year covered by the report.''. (d) Conforming Repeal.--Subsection (f) of such section is repealed. - -SEC. 205. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS OF - THE ARMED FORCES AFTER SEPARATION, RETIREMENT, OR - DISCHARGE. - +SEC. 4304. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS OF +THE ARMED FORCES AFTER SEPARATION, RETIREMENT, OR DISCHARGE. (a) In General.--The Secretary of Veterans Affairs shall make grants to eligible organizations for the provision of transition assistance to members of the Armed Forces who are separated, retired, @@ -955,183 +4717,2325 @@ containing such information and assurances as the Secretary, in consultation with the Secretary of Labor, may require. (d) Priority.--In making grants under this section, the Secretary shall give priority to an organization that-- - (1) provides multiple forms of services described in - subsection (b); or - (2) is located in a State with-- - (A) a high rate of veteran unemployment; - (B) a high rate of usage of unemployment benefits - for recently separated members of the Armed Forces; or - (C) a labor force or economy that has been - significantly impacted by the covered public health - emergency (as such term is defined in section - 201(l)(1)). + (1) provides multiple forms of services described in subsection + (b); or + (2) is located in a State with-- + (A) a high rate of unemployment among veterans; + (B) a high rate of usage of unemployment benefits for + recently separated members of the Armed Forces; or + (C) a labor force or economy that has been significantly + impacted by a covered public health emergency (as such term is + defined in section 131(n)). (e) Amount of Grant.--A grant under this section shall be in an amount that does not exceed 50 percent of the amount required by the organization to provide the services described in subsection (b). (f) Deadline.--The Secretary shall carry out this section not later -than six months after the effective date of this Act. +than 180 days after the date of the enactment of this Act. (g) Termination.--The authority to provide a grant under this section shall terminate on the date that is five years after the date on which the Secretary implements the grant program under this section. - (h) Authorization of Appropriations.--There is authorized to be -appropriated $10,000,000 to carry out this section. - -SEC. 206. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVENESS OF - TRANSITION ASSISTANCE PROGRAM. - +SEC. 4305. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVENESS OF +TRANSITION ASSISTANCE PROGRAM. (a) Independent Assessment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the covered officials, shall enter into an agreement with an appropriate entity with experience in adult education to carry out a one-year independent assessment of the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code -(in this section referred to as ``TAP''), including-- - (1) the effectiveness of TAP for members of each military - department during the entire military life cycle; - (2) the appropriateness of the TAP career readiness - standards; - (3) a review of information that is provided to the - Department of Veterans Affairs under TAP, including mental - health data; - (4) whether TAP effectively addresses the challenges - veterans face entering the civilian workforce and in - translating experience and skills from military service to the - job market; - (5) whether TAP effectively addresses the challenges faced - by the families of veterans making the transition to civilian - life; - (6) appropriate metrics regarding TAP outcomes for members - of the Armed Forces one year after separation, retirement, or - discharge from the Armed Forces; - (7) what the Secretary, in consultation with the covered - officials and veterans service organizations determine to be - successful outcomes for TAP; - (8) whether members of the Armed Forces achieve successful - outcomes for TAP, as determined under paragraph (7); - (9) how the Secretary and the covered officials provide - feedback to each other regarding such outcomes; - (10) recommendations for the Secretaries of the military - departments regarding how to improve outcomes for members of - the Armed Forces after separation, retirement, and discharge; - and - (11) other topics the Secretary and the covered officials - determine would aid members of the Armed Forces as they - transition to civilian life. +(TAP), including-- + (1) the effectiveness of the Transition Assistance Program for + members of each military department during the entire military life + cycle; + (2) the appropriateness of the career readiness standards of + the Transition Assistance Program; + (3) a review of information that is provided to the Department + of Veterans Affairs under the Transition Assistance Program, + including mental health data; + (4) whether the Transition Assistance Program effectively + addresses the challenges veterans face entering the civilian + workforce and in translating experience and skills from military + service to the job market; + (5) whether the Transition Assistance Program effectively + addresses the challenges faced by the families of veterans making + the transition to civilian life; + (6) appropriate metrics regarding outcomes of the Transition + Assistance Program for members of the Armed Forces one year after + separation, retirement, or discharge from the Armed Forces; + (7) what the Secretary, in consultation with the covered + officials and veterans service organizations, determine to be + successful outcomes for the Transition Assistance Program; + (8) whether members of the Armed Forces achieve successful + outcomes for the Transition Assistance Program, as determined under + paragraph (7); + (9) how the Secretary and the covered officials provide + feedback to each other regarding such outcomes; + (10) recommendations for the Secretaries of the military + departments regarding how to improve outcomes for members of the + Armed Forces after separation, retirement, and discharge; and + (11) other topics the Secretary and the covered officials + determine would aid members of the Armed Forces as they transition + to civilian life. (b) Report.--Not later than 90 days after the completion of the independent assessment under subsection (a), the Secretary and the -covered officials, shall submit to the Committees on Veterans' Affairs -of the Senate and House of Representatives and the Committees on Armed -Services of the Senate and House of Representatives-- - (1) the findings and recommendations (including recommended - legislation) of the independent assessment prepared by the - entity described in subsection (a); and - (2) responses of the Secretary and the covered officials to - the findings and recommendations described in paragraph (1). +covered officials shall jointly submit to the appropriate committees of +Congress-- + (1) the findings and recommendations (including recommended + legislation) of the independent assessment prepared by the entity + described in subsection (a); and + (2) responses of the Secretary and the covered officials to the + findings and recommendations described in paragraph (1). (c) Definitions.--In this section: - (1) The term ``covered officials'' means-- - (A) the Secretary of Defense; - (B) the Secretary of Labor; - (C) the Administrator of the Small Business - Administration; and - (D) the Secretaries of the military departments. - (2) The term ``military department'' has the meaning given - that term in section 101 of title 10, United States Code. - -SEC. 207. LONGITUDINAL STUDY ON CHANGES TO TAP. - + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the Committee on Veterans' Affairs and the Committee on + Armed Services of the Senate; and + (B) the Committee on Veterans' Affairs and the Committee on + Armed Services of the House of Representatives. + (2) Covered officials.--The term ``covered officials'' means-- + (A) the Secretary of Defense; + (B) the Secretary of Labor; + (C) the Administrator of the Small Business Administration; + and + (D) the Secretaries of the military departments. + (3) Military department.--The term ``military department'' has + the meaning given that term in section 101 of title 10, United + States Code. +SEC. 4306. LONGITUDINAL STUDY ON CHANGES TO TRANSITION ASSISTANCE +PROGRAM. (a) Study.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with -the Secretaries of Defense and Labor and the Administrator of the Small -Business Administration, shall conduct a five-year longitudinal study -regarding the Transition Assistance Program under sections 1142 and -1144 of title 10, United States Code (in this section referred to as -``TAP''), on three separate cohorts of members of the Armed Forces who -have separated from the Armed Forces, including-- - (1) a cohort that has attended TAP counseling as - implemented on the date of the enactment of this Act; - (2) a cohort that attends TAP counseling after the - Secretaries of Defense and Labor implement changes recommended - in the report under section 206(b); and - (3) a cohort that has not attended TAP counseling. +the Secretary of Defense, the Secretary of Labor, and the Administrator +of the Small Business Administration, shall conduct a five-year +longitudinal study regarding the Transition Assistance Program under +sections 1142 and 1144 of title 10, United States Code (TAP), on three +separate cohorts of members of the Armed Forces who have separated from +the Armed Forces, including-- + (1) a cohort that has attended counseling under the Transition + Assistance Program as implemented on the date of the enactment of + this Act; + (2) a cohort that attends counseling under the Transition + Assistance Program after the Secretary of Defense and the Secretary + of Labor implement changes recommended in the report under section + 136(b); and + (3) a cohort that has not attended counseling under the + Transition Assistance Program. (b) Progress Reports.--Not later than 90 days after the date that is one year after the date of the initiation of the study under -subsection (a) and annually thereafter for the three subsequent years, -the Secretaries of Veterans Affairs, Defense, and Labor, and the -Administrator of the Small Business Administration, shall submit to the -Committees on Veterans' Affairs of the Senate and House of -Representatives and the Committees on Armed Services of the Senate and -House of Representatives a progress report of activities under the -study during the immediately preceding year. - (c) Final Report.--Not later than 180 days after the completion of -the study under subsection (a), the Secretaries of Veterans Affairs, -Defense, and Labor, and the Administrator of the Small Business -Administration, shall submit to the Committees on Veterans' Affairs of -the Senate and House of Representatives and the Committees on Armed -Services of the Senate and House of Representatives a report of final -findings and recommendations based on the study. - (d) Elements.--The final report under subsection (c) shall include -information regarding the following: - (1) The percentage of each cohort that received - unemployment benefits during the study. - (2) The numbers of months members of each cohort were +subsection (a), and annually thereafter for the three subsequent years, +the Secretary of Veterans Affairs, the Secretary of Defense, the +Secretary of Labor, and the Administrator of the Small Business +Administration shall jointly submit to the appropriate committees of +Congress a progress report of activities under the study during the +immediately preceding year. + (c) Final Report.-- + (1) In general.--Not later than 180 days after the completion + of the study under subsection (a), the Secretary of Veterans + Affairs, the Secretary of Defense, the Secretary of Labor, and the + Administrator of the Small Business Administration shall jointly + submit to the appropriate committees of Congress a report of final + findings and recommendations based on the study. + (2) Elements.--The final report under paragraph (1) shall + include information regarding the following: + (A) The percentage of each cohort that received + unemployment benefits during the study under subsection (a). + (B) The numbers of months members of each cohort were employed during the study. - (3) Annual starting and ending salaries of members of each + (C) Annual starting and ending salaries of members of each cohort who were employed during the study. - (4) How many members of each cohort enrolled in an + (D) How many members of each cohort enrolled in an institution of higher learning, as that term is defined in section 3452(f) of title 38, United States Code. - (5) The academic credit hours, degrees, and certificates + (E) The academic credit hours, degrees, and certificates obtained by members of each cohort during the study. - (6) The annual income of members of each cohort. - (7) The total household income of members of each cohort. - (8) How many members of each cohort own their principal + (F) The annual income of members of each cohort. + (G) The total household income of members of each cohort. + (H) How many members of each cohort own their principal residences. - (9) How many dependents that members of each cohort have. - (10) The percentage of each cohort that achieves a - successful outcome for TAP, as determined under section - 206(a)(7). - (11) Other criteria the Secretaries and the Administrator - of the Small Business Administration determine appropriate. + (I) How many dependents members of each cohort have. + (J) The percentage of each cohort that achieves a + successful outcome for the Transition Assistance Program, as + determined under section 136(a)(7). + (K) Other criteria the Secretaries and the Administrator of + the Small Business Administration determine appropriate. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Veterans' Affairs and the Committee on + Armed Services of the Senate; and + (2) the Committee on Veterans' Affairs and the Committee on + Armed Services of the House of Representatives. -SEC. 208. DEPARTMENT OF VETERANS AFFAIRS LOAN FEES. + TITLE V--DEBORAH SAMPSON - The loan fee table in section 3729(b)(2) of title 38, United States -Code, is amended by striking subparagraph (E) and inserting the +SEC. 5001. SHORT TITLE. + This title may be cited as the ``Deborah Sampson Act of 2020''. + + Subtitle A--Improving Access for Women Veterans to the Department of + Veterans Affairs + +SEC. 5101. OFFICE OF WOMEN'S HEALTH IN DEPARTMENT OF VETERANS AFFAIRS. + (a) Chief Officer of Women's Health.--Subsection (a) of section +7306 of title 38, United States Code, is amended-- + (1) by redesignating paragraph (10) as paragraph (11); and + (2) by inserting after paragraph (9) the following new + paragraph (10): + ``(10) The Chief Officer of Women's Health.''. + (b) Organization of Office and Annual Reports.-- + (1) In general.--Subchapter I of chapter 73 of title 38, United + States Code, is amended by adding at the end of the following new + sections: +``Sec. 7310. Office of Women's Health + ``(a) Establishment.--(1) The Under Secretary for Health shall +establish and operate in the Veterans Health Administration the Office +of Women's Health (in this section referred to as the `Office'). + ``(2) The Office shall be located at the Central Office of the +Department of Veterans Affairs. + ``(3)(A) The head of the Office is the Chief Officer of Women's +Health (in this section referred to as the `Chief Officer'). + ``(B) The Chief Officer shall report to the Under Secretary for +Health. + ``(4) The Under Secretary for Health shall provide the Office with +such staff and other support as may be necessary for the Office to +carry out effectively the functions of the Office under this section. + ``(5) The Under Secretary for Health may reorganize existing +offices within the Veterans Health Administration as of the date of the +enactment of this section in order to avoid duplication with the +functions of the Office. + ``(b) Functions.--The functions of the Office include the +following: + ``(1) To provide a central office for monitoring and + encouraging the activities of the Veterans Health Administration + with respect to the provision, evaluation, and improvement of + health care services provided to women veterans by the Department. + ``(2) To develop and implement standards of care for the + provision of health care for women veterans by the Department. + ``(3) To monitor and identify deficiencies in standards of care + for the provision of health care for women veterans by the + Department, to provide technical assistance to medical facilities + of the Department to address and remedy deficiencies, and to + perform oversight of implementation of such standards of care. + ``(4) To monitor and identify deficiencies in standards of care + for the provision of health care for women veterans provided + through the community pursuant to this title and to provide + recommendations to the appropriate office to address and remedy any + deficiencies. + ``(5) To oversee distribution of resources and information + related to health programming for women veterans under this title. + ``(6) To promote the expansion and improvement of clinical, + research, and educational activities of the Veterans Health + Administration with respect to the health care of women veterans. + ``(7) To provide, as part of the annual budgeting process, + recommendations with respect to the amounts to be requested for + furnishing hospital care and medical services to women veterans + pursuant to chapter 17 of this title, including, at a minimum, + recommendations that ensure that such amounts either reflect or + exceed the proportion of veterans enrolled in the system of patient + enrollment of the Department established and operated under section + 1705(a) of this title who are women. + ``(8) To provide recommendations to the Under Secretary for + Health with respect to modifying the Veterans Equitable Resource + Allocation system, or successor system, to ensure that resource + allocations under such system, or successor system, reflect the + health care needs of women veterans. + ``(9) To carry out such other duties as the Under Secretary for + Health may require. + ``(c) Recommendations.--(1) If the Under Secretary for Health +determines not to implement any recommendation made by the Chief +Officer with respect to the allocation of resources to address the +health care needs of women veterans, the Secretary shall notify the +appropriate congressional committees of such determination by not later +than 30 days after the date on which the Under Secretary for Health +receives the recommendation. + ``(2) Each notification under paragraph (1) relating to a +determination with respect to a recommendation shall include the following: + ``(A) The reasoning of the Under Secretary for Health in making + the determination. + ``(B) An alternative, if one is selected, to the recommendation + that the Under Secretary for Health will carry out to fulfill the + health care needs of women veterans. + ``(d) Standards of Care.--For purposes of carrying out the +functions of the Office under this section, the standards of care for +the provision of health care for women veterans from the Department +shall include, at a minimum, the following: + ``(1) A requirement for-- + ``(A) at least one designated women's health primary care + provider at each medical center of the Department whose duties + include, to the extent practicable, providing training to other + health care providers of the Department with respect to the + needs of women veterans; and + ``(B) at least one designated women's health primary care + provider at each community-based outpatient clinic of the + Department who may serve women patients as a percentage of the + total duties of the provider. + ``(2) Other requirements as determined by the Under Secretary + for Health. + ``(e) Outreach.--The Chief Officer shall ensure that-- + ``(1) not less frequently than biannually, each medical + facility of the Department holds a public forum for women veterans + that occurs outside of regular business hours; and + ``(2) not less frequently than quarterly, each medical facility + of the Department convenes a focus group of women veterans that + includes a discussion of harassment occurring at such facility. + ``(f) Definitions.--In this section: + ``(1) The term `appropriate congressional committees' has the + meaning given that term in section 7310A(h) of this title. + ``(2) The term `facility of the Department' has the meaning + given the term `facilities of the Department' in section 1701(3) of + this title. + ``(3) The term `Veterans Equitable Resource Allocation system' + means the resource allocation system established pursuant to + section 429 of the Departments of Veterans Affairs and Housing and + Urban Development, and Independent Agencies Appropriations Act, + 1997 (Public Law 104-204; 110 Stat. 2929). +``Sec. 7310A. Annual reports on women's health + ``(a) Annual Reports.--Not later than December 1 of each year, the +Chief Officer of Women's Health shall submit to the appropriate +congressional committees a report containing the matters under +subsections (b) through (g). + ``(b) Office of Women's Health.--Each report under subsection (a) +shall include a description of-- + ``(1) actions taken by the Office of Women's Health established + under section 7310 of this title in the preceding fiscal year to + improve the provision of health care by the Department to women + veterans; + ``(2) any identified deficiencies related to the provision of + health care by the Department to women veterans and the standards + of care established in such section and the plan of the Department + to address such deficiencies; + ``(3) the funding and personnel provided to the Office and + whether additional funding or personnel are needed to meet the + requirements of such section; and + ``(4) other information that would be of interest to the + appropriate congressional committees with respect to oversight of + the provision of health care by the Department to women veterans. + ``(c) Access to Gender-specific Services.--(1) Each report under +subsection (a) shall include an analysis of the access of women +veterans to gender-specific services under contracts, agreements, or +other arrangements with non-Department medical providers entered into +by the Secretary for the provision of hospital care or medical services +to veterans. + ``(2) The analysis under paragraph (1) shall include data and +performance measures for the availability of gender-specific services +described in such paragraph, including-- + ``(A) the average wait time between the preferred appointment + date of the veteran and the date on which the appointment is + completed; + ``(B) the average driving time required for veterans to attend + appointments; and + ``(C) reasons why appointments could not be scheduled with non- + Department medical providers. + ``(d) Models of Care.--(1) Each report under subsection (a) shall +include an analysis of the use by the Department of general primary +care clinics, separate but shared spaces, and women's health centers as +delivery of care models for women veterans. + ``(2) The analysis under paragraph (1) shall include the following: + ``(A) The number of facilities of the Department that fall into + each delivery of care model described in such paragraph, + disaggregated by Veterans Integrated Service Network and State. + ``(B) A description of the criteria used by the Department to + determine which such model is most appropriate for each facility of + the Department. + ``(C) An assessment of how the Department decides to make + investments to modify facilities to a different model. + ``(D) A description of what, if any, plans the Department has + to modify facilities from general primary care clinics to another + model. + ``(E) An assessment of whether any facilities could be modified + to a separate but shared space for a women's health center within + planned investments under the strategic capital investment planning + process of the Department. + ``(F) An assessment of whether any facilities could be modified + to a separate or shared space or a women's health center with minor + modifications to existing plans under the strategic capital + investment planning process of the Department. + ``(G) An assessment of whether the Department has a goal for + how many facilities should fall into each such model. + ``(e) Staffing.--Each report under subsection (a) shall include an +analysis of the staffing of the Department relating to the treatment of +women, including the following, disaggregated by Veterans Integrated +Service Network and State (except with respect to paragraph (4)): + ``(1) The number of women's health centers. + ``(2) The number of patient aligned care teams of the + Department relating to women's health. + ``(3) The number of full- and part-time gynecologists of the + Department. + ``(4) The number of designated women's health care providers of + the Department, disaggregated by facility of the Department. + ``(5) The number of health care providers of the Department who + have completed a mini-residency for women's health care through the + Women Veterans Health Care Mini-Residency Program of the Department + during the one-year period preceding the submittal of the report + and the number of mini-residency training slots for such program + that are available during the one-year period following such date. + ``(6) The number of designated women's health care providers of + the Department who have sufficient women patient loads or case + complexities to retain their competencies and proficiencies. + ``(f) Accessibility and Treatment Options.--Each report under +subsection (a) shall include an analysis of the accessibility and +treatment options for women veterans, including the following: + ``(1) An assessment of wheelchair accessibility of women's + health centers of the Department, including, with respect to each + such center, an assessment of accessibility for each kind of + treatment provided at the center, including with respect to + radiology and mammography, that addresses all relevant factors, + including door sizes, hoists, and equipment. + ``(2) The options for women veterans to access mental health + providers and primary care providers who are women. + ``(3) The options for women veterans at medical facilities of + the Department with respect to clothing sizes, including for gowns, + drawstring pants, and pajamas. + ``(g) Definitions.--In this section: + ``(1) The term `appropriate congressional committees' means-- + ``(A) the Committee on Appropriations and the Committee on + Veterans' Affairs of the Senate; and + ``(B) the Committee on Appropriations and the Committee on + Veterans' Affairs of the House of Representatives. + ``(2) The term `gender-specific services' means mammography, + obstetric care, gynecological care, and such other services as the + Secretary determines appropriate.''. + (2) References to health care and services.--The references to + health care and the references to services in sections 7310 and + 7310A of title 38, United States Code, as added by paragraph (1), + are references to the health care and services included in the + medical benefits package provided by the Department as in effect on + the day before the date of the enactment of this Act. + (3) Clerical amendment.--The table of sections for such chapter + is amended by inserting after the item relating to section 7309A + the following new items: +``7310. Office of Women's Health. +``7310A. Annual reports on women's health.''. - - ----------------------------------------------------------------------------------------------------------------- -(E)(i) Interest rate reduction refinancing 0.50 0.50 NA - loan issued before January 1, 2021 ----------------------------------------------------------------------------------------------------------------- -(E)(ii) Interest rate reduction 0.85 0.85 NA - refinancing loan issued on or after - January 1, 2021, and before January 15, - 2027 ----------------------------------------------------------------------------------------------------------------- -(E)(iii) Interest rate reduction 0.50 0.50 NA - refinancing loan issued on or after - January 15, 2027 ----------------------------------------------------------------------------------------------------------------- + (c) Initial Report.--The Chief Officer of Women's Health of the +Department of Veterans Affairs shall submit the initial report under +section 7310A of title 38, United States Code, as added by subsection +(b), by not later than one year after the date of the enactment of this +Act. +SEC. 5102. WOMEN VETERANS RETROFIT INITIATIVE. + (a) In General.--The Secretary of Veterans Affairs shall prioritize +the retrofitting of existing medical facilities of the Department of +Veterans Affairs with fixtures, materials, and other outfitting +measures to support the provision of care to women veterans at such +facilities. + (b) Plan.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary shall submit to Congress, the + Committee on Veterans' Affairs of the Senate, and the Committee on + Veterans' Affairs of the House of Representatives a plan to address + deficiencies in environment of care for women veterans at medical + facilities of the Department. + (2) Elements.--The plan required by paragraph (1) shall include + the following: + (A) An explanation of the specific environment of care + deficiencies that need correcting. + (B) An assessment of how the Secretary prioritizes + retrofitting existing medical facilities to support provision + of care to women veterans in comparison to other requirements. + (C) A five-year strategic plan and cost projection for + retrofitting medical facilities of the Department to support + the provision of care to women veterans as required under + subsection (a). + (c) Authorization of Appropriations.--Subject to appropriations and +the plan under (b), there is authorized to be appropriated to the +Secretary $20,000,000 to carry out subsection (a) in addition to +amounts otherwise made available to the Secretary for the purposes set +forth in such subsection. +SEC. 5103. ESTABLISHMENT OF ENVIRONMENT OF CARE STANDARDS AND +INSPECTIONS AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS. + (a) In General.--The Secretary of Veterans Affairs shall establish +a policy under which the environment of care standards and inspections +at medical centers of the Department of Veterans Affairs include-- + (1) an alignment of the requirements for such standards and + inspections with the women's health handbook of the Veterans Health + Administration; + (2) a requirement for the frequency of such inspections; + (3) delineation of the roles and responsibilities of staff at + each medical center who are responsible for compliance; + (4) the requirement that each medical center submit to the + Secretary and make publicly available a report on the compliance of + the medical center with the standards; and + (5) a remediation plan. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall submit to the Committee on +Veterans' Affairs of the Senate and the Committee on Veterans' Affairs +of the House of Representatives a report certifying in writing that the +policy required by subsection (a) has been finalized and disseminated +to all medical centers of the Department. +SEC. 5104. PROVISION OF REINTEGRATION AND READJUSTMENT SERVICES TO +VETERANS AND FAMILY MEMBERS IN GROUP RETREAT SETTINGS. + (a) In General.--Section 1712A of title 38, United States Code, is +amended-- + (1) in subsection (a)(1)(B)-- + (A) in clause (ii), by redesignating subclauses (I) and + (II) as items (aa) and (bb); + (B) by redesignating clauses (i) and (ii) as subclauses (I) + and (II); + (C) in the matter preceding subclause (I), as redesignated + by subparagraph (B), by striking ``Counseling'' and inserting + ``(i) Counseling''; and + (D) by adding at the end the following new clause: + ``(ii)(I) Except as provided in subclauses (IV) and (V), counseling +furnished to an individual under subparagraph (A) may include +reintegration and readjustment services described in subclause (II) +furnished in group retreat settings. + ``(II) Reintegration and readjustment services described in this +subclause are the following: + ``(aa) Information on reintegration of the individual into + family, employment, and community. + ``(bb) Financial counseling. + ``(cc) Occupational counseling. + ``(dd) Information and counseling on stress reduction. + ``(ee) Information and counseling on conflict resolution. + ``(ff) Such other information and counseling as the Secretary + considers appropriate to assist the individual in reintegration + into family, employment, and community. + ``(III) In furnishing reintegration and readjustment services under +subclause (I), the Secretary shall offer women the opportunity to +receive such services in group retreat settings in which the only +participants are women. + ``(IV) An individual described in subparagraph (C)(v) may receive +reintegration and readjustment services under subclause (I) of this +clause only if the individual receives such services with a family +member described in subclause (I) or (II) of such subparagraph. + ``(V) In each of fiscal years 2021 through 2025, the maximum number +of individuals to whom integration and readjustment services may be +furnished in group retreat settings under this subclause (I) shall not +exceed 1,200 individuals.''. + (b) Request for Services.--Subsection (a)(2) of such section is +amended-- + (1) by striking ``Upon'' and inserting ``(A) Upon''; + (2) by striking ``paragraph (1)(B)'' and inserting ``paragraph + (1)(B)(i)''; and + (3) by adding at the end the following new subparagraph: + ``(B) Upon the request of an individual described in paragraph +(1)(C), the Secretary shall furnish the individual reintegration and +readjustment services in group retreat settings under paragraph +(1)(B)(ii) if the Secretary determines the experience will be +therapeutically appropriate.''. +SEC. 5105. PROVISION OF LEGAL SERVICES FOR WOMEN VETERANS. + (a) Agreement Required.--The Secretary of Veterans Affairs shall +enter into one or more agreements with public or private entities to +provide legal services to women veterans. + (b) Focus.--The focus of an agreement entered into under subsection +(a) shall be to address the following unmet needs of women veterans as +set forth in the most recently completed Community Homelessness +Assessment, Local Education and Networking Groups for Veterans (CHALENG +for Veterans) survey: + (1) Child support. + (2) Prevention of eviction and foreclosure. + (3) Discharge upgrades. + (4) Financial guardianship. + (5) Credit counseling. + (6) Family reconciliation assistance. +SEC. 5106. COMPTROLLER GENERAL SURVEYS AND REPORT ON SUPPORTIVE +SERVICES PROVIDED FOR VERY LOW-INCOME WOMEN VETERANS. + (a) Surveys.-- + (1) Survey of women veterans.--The Comptroller General of the + United States shall survey women veterans who have received or are + receiving supportive services provided under section 2044 of title + 38, United States Code, to determine satisfaction with the ability + of such services to meet the specific needs of such veterans. + (2) Survey of eligible entities.--The Comptroller General shall + survey eligible entities receiving financial assistance under such + section and other partners of the Department of Veterans Affairs, + including veterans service organizations and the National Coalition + of Homeless Veterans, on the view of such entities and partners + regarding-- + (A) whether the Department is meeting the needs of women + veterans through the provision of supportive services under + such section; and + (B) any additional supportive services that may be required + to meet such needs. + (b) Report.-- + (1) In general.--Not later than 18 months after the date of the + enactment of this Act, the Comptroller General of the United States + shall submit to the Committee on Veterans' Affairs of the Senate + and the Committee on Veterans' Affairs of the House of + Representatives a report on the efforts of the Department of + Veterans Affairs to provide supportive services to women veterans + under section 2044 of title 38, United States. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A review of how the Department determines which + categories of supportive services would be beneficial to women + veterans who receive services under such section. + (B) A description of the challenges women veterans who have + children face in accessing supportive services under such + section, including with respect to accessing-- + (i) homeless shelters with their children; + (ii) homeless shelters that have restrictions on male + children; and + (iii) affordable child care. + (C) A description of how the Department identifies eligible + entities under such section that can provide supportive + services to meet the needs of women veterans, including + eligible entities with experience in-- + (i) intimate partner violence; + (ii) legal matters pertaining especially to women + veterans, including temporary restraining orders and child + care orders; + (iii) supportive services for children; and + (iv) the evaluation of which categories of services + would be beneficial to women veterans who receive such + services under such section. + (D) A description of how much the Department spends, from + funds appropriated to carry out such section and funds provided + under the Coronavirus Aid, Relief, and Economic Security Act + (Public Law 116-136), on supportive services specifically for + women veterans, and in particular, on the services described in + subparagraph (A). + (E) The results of the surveys conducted under subsection + (a). + (F) A review of the resources and programming offered to + woman veterans under such section. + (G) An assessment of such other areas as the Comptroller + General considers appropriate. +SEC. 5107. PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR CERTAIN VETERANS. + (a) Assistance for Child Care for Certain Veterans Receiving Health +Care.-- + (1) In general.--Subchapter I of chapter 17 of title 38, United + States Code, is amended by adding at the end the following new + section: +``Sec. 1709C. Assistance for child care for certain veterans receiving + health care + ``(a) Program Required.--The Secretary shall carry out a program to +provide, subject to subsection (b), assistance to qualified veterans +described in subsection (c) to obtain child care so that such veterans +can receive health care services described in subsection (c)(2). + ``(b) Limitation on Period of Payments.--Assistance may be provided +to a qualified veteran under this section for receipt of child care +only during the period that the qualified veteran-- + ``(1) receives the types of health care services described in + subsection (c)(2) at a facility of the Department; and + ``(2) requires travel to and return from such facility for the + receipt of such health care services. + ``(c) Qualified Veterans.--For purposes of this section, a +qualified veteran is a veteran who-- + ``(1) is the primary caretaker of a child or children; and + ``(2)(A) receives from the Department-- + ``(i) regular mental health care services; + ``(ii) intensive mental health care services; or + ``(iii) such other intensive health care services that the + Secretary determines that provision of assistance to the + veteran to obtain child care would improve access to such + health care services by the veteran; or + ``(B) is in need of regular or intensive mental health care + services from the Department, and but for lack of child care + services, would receive such health care services from the + Department. + ``(d) Locations.--Not later than five years after the date of the +enactment of the Deborah Sampson Act of 2020, the Secretary shall carry +out the program at each medical center of the Department. + ``(e) Forms of Child Care Assistance.--(1) Child care assistance +under this section may include the following: + ``(A) Stipends for the payment of child care offered by a + licensed child care center (either directly or through a voucher + program) that shall be, to the extent practicable, modeled after + the Department of Veterans Affairs Child Care Subsidy Program + established pursuant to section 630 of the Treasury and General + Government Appropriations Act, 2002 (Public Law 107-67; 115 Stat. + 552). + ``(B) Direct provision of child care at an on-site facility of + the Department. + ``(C) Payments to private child care agencies. + ``(D) Collaboration with facilities or programs of other + Federal agencies. + ``(E) Such other forms of assistance as the Secretary considers + appropriate. + ``(2) In providing child care assistance under this section, the +child care needs of the local area shall be considered and the head of +each medical center may select the type of care that is most +appropriate or feasible for such medical center. + ``(3) In the case that child care assistance under this section is +provided as a stipend under paragraph (1)(A), such stipend shall cover +the full cost of such child care.''. + (2) Conforming amendment.--Section 205(e) of the Caregivers and + Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; + 38 U.S.C. 1710 note) is amended by striking ``September 30, 2020'' + and inserting ``the date of the enactment of the Deborah Sampson + Act of 2020''. + (3) Clerical amendment.--The table of sections at the beginning + of chapter 17 of such title is amended by inserting after the item + relating to section 1709B the following new item: + +``1709C. Assistance for child care for certain veterans receiving health + care,''. + + (b) Pilot Program on Assistance for Child Care for Certain Veterans +Receiving Readjustment Counseling and Related Mental Health Services.-- + (1) In general.--The Secretary of Veterans Affairs shall carry + out a pilot program to assess the feasibility and advisability of + providing, subject to paragraph (2), assistance to qualified + veterans described in paragraph (3) to obtain child care so that + such veterans can receive readjustment counseling and related + mental health services. + (2) Limitation on period of payments.--Assistance may be + provided to a qualified veteran under the pilot program for receipt + of child care only during the period that the qualified veteran + receives readjustment counseling and related health care services + at a Vet Center. + (3) Qualified veterans.--For purposes of this subsection, a + qualified veteran is a veteran who-- + (A) is the primary caretaker of a child or children; and + (B)(i) receives from the Department regular readjustment + counseling and related mental health services; or + (ii) is in need of regular readjustment counseling and + related mental health services from the Department, and but for + lack of child care services, would receive such counseling and + services from the Department. + (4) Locations.--The Secretary shall carry out the pilot program + in not fewer than three Readjustment Counseling Service Regions + selected by the Secretary for purposes of the pilot program. + (5) Forms of child care assistance.-- + (A) In general.--Child care assistance under the pilot + program may include the following: + (i) Stipends for the payment of child care offered by a + licensed child care center (either directly or through a + voucher program) that shall be, to the extent practicable, + modeled after the Department of Veterans Affairs Child Care + Subsidy Program established pursuant to section 630 of the + Treasury and General Government Appropriations Act, 2002 + (Public Law 107-67; 115 Stat. 552). + (ii) Payments to private child care agencies. + (iii) Collaboration with facilities or programs of + other Federal agencies. + (iv) Such other forms of assistance as the Secretary + considers appropriate. + (B) Local area.--In providing child care assistance under + the pilot program, the child care needs of the local area shall + be considered and the head of each Vet Center may select the + type of care that is most appropriate or feasible for such Vet + Center. + (C) Use of stipend.--In the case that child care assistance + under the pilot program is provided as a stipend under + subparagraph (A)(i), such stipend shall cover the full cost of + such child care. + (6) Duration.--The pilot program shall be carried out during + the two-year period beginning on the date of the commencement of + the pilot program. + (7) Report.-- + (A) In general.--Not later than 180 days after the + completion of the pilot program, the Secretary shall submit to + Congress a report on the pilot program. + (B) Elements.--The report required by subparagraph (A) + shall include the findings and conclusions of the Secretary + regarding the pilot program, and shall include such + recommendations for the continuation or expansion of the pilot + program as the Secretary considers appropriate. + (8) Vet center defined.--In this subsection, the term ``Vet + Center'' has the meaning given that term in section 1712A(h) of + title 38, United States Code. +SEC. 5108. AVAILABILITY OF PROSTHETICS FOR WOMEN VETERANS FROM +DEPARTMENT OF VETERANS AFFAIRS. + (a) Access at Each Medical Facility.--Section 1714(a) of title 38, +United States Code, is amended-- + (1) by striking ``(a) Any veteran'' and inserting ``(a)(1) Any + veteran''; and + (2) by adding at the end the following new paragraph: + ``(2) In furnishing prosthetic appliances under paragraph (1), the +Secretary shall ensure women veterans are able to access clinically +appropriate prosthetic appliances through each medical facility of the +Department.''. + (b) Report.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary of Veterans Affairs shall + submit to the Committee on Veterans' Affairs of the Senate and the + Committee on Veterans' Affairs of the House of Representatives a + report on the availability from the Department of Veterans Affairs + of prosthetics made for women veterans, including an assessment of + the availability of such prosthetics at medical facilities of the + Department. + (2) Elements.--The report required by paragraph (1) shall + include-- + (A) a list of all devices classified by the Department as + prosthetic devices, including a breakdown of whether a device + is considered gender-neutral or gender-specific; + (B) for gender-neutral devices, a breakdown of sizing; + (C) the average time it takes for a woman veteran to + receive a prosthetic device after it is prescribed, + disaggregated by Veterans Integrated Service Network and + medical center of the Department; + (D) the total number of women veterans utilizing the + Department for prosthetic services, disaggregated by facility + of the Department; + (E) an assessment of efforts by the Department on research, + development, and employment of additive manufacture technology + (commonly referred to as 3D printing) to provide prosthetic + items for women veterans; + (F) the results of a survey with a representative sample of + not fewer than 50,000 veterans (of which women shall be + overrepresented) in an amputee care program on satisfaction + with prosthetics furnished or procured by the Department that + replace appendages or their function; and + (G) such other information as the Secretary considers + appropriate. +SEC. 5109. REQUIREMENT TO IMPROVE DEPARTMENT OF VETERANS AFFAIRS WOMEN +VETERANS CALL CENTER. + The Secretary of Veterans Affairs shall enhance the capabilities of +the women veterans call center of the Department of Veterans Affairs to +respond to requests by women veterans for assistance with accessing +health care and benefits furnished under the laws administered by the +Secretary. +SEC. 5110. STUDY ON INFERTILITY SERVICES FURNISHED AT DEPARTMENT OF +VETERANS AFFAIRS. + (a) Study Required.--The Secretary of Veterans Affairs shall +conduct a study on the infertility services offerings at the Department +of Veterans Affairs. + (b) Elements.--The study conducted under subsection (a) shall +include the following: + (1) An assessment of the following: + (A) The availability of infertility services at facilities + of the Department and through laws administered by the + Secretary for the provision of non-Department care. + (B) The demand for such services from eligible individuals. + (2) Identification of potential challenges in accessing + infertility services for eligible individuals. + (3) An analysis of Department resources for the furnishing of + infertility services, including analysis of Department workforce + and non-Department providers. + (4) Development of recommendations for the improvement of + infertility services under laws administered by the Secretary to + improve eligible individuals' access, delivery of services, and + health outcomes. + (c) Report.--Not later than one year after the date of the +enactment of this Act, the Secretary shall submit to the Committee on +Veterans' Affairs of the Senate and the Committee on Veterans' Affairs +of the House of Representatives a report on the study conducted under +subsection (a). + (d) Eligible Individual Defined.--In this section, the term +``eligible individual'' means an individual who is a veteran who is +eligible for and enrolled in the health care system of the Department +under section 1705(a) of title 38, United States Code. +SEC. 5111. SENSE OF CONGRESS ON ACCESS TO FACILITIES OF DEPARTMENT OF +VETERANS AFFAIRS BY RESERVISTS FOR COUNSELING AND TREATMENT RELATING TO +MILITARY SEXUAL TRAUMA. + (a) In General.--It is the sense of Congress that members of the +reserve components of the Armed Forces, including members of the +National Guard, should be able to access all health care facilities of +the Department of Veterans Affairs, not just Vet Centers, to receive +counseling and treatment relating to military sexual trauma. + (b) Definitions.--In this section: + (1) Military sexual trauma.--The term ``military sexual + trauma'' has the meaning given such term in section 1164(c) of + title 38, United States Code, as added by section 5501(a) of this + title. + (2) Vet center.--The term ``Vet Center'' has the meaning given + that term in section 1712A(h) of such title. + + Subtitle B--Increasing Staff Cultural Competency + +SEC. 5201. STAFFING OF WOMEN'S HEALTH PRIMARY CARE PROVIDERS AT MEDICAL +FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS. + The Secretary of Veterans Affairs shall ensure that each medical +facility of the Department of Veterans Affairs has not fewer than one +full-time or part-time women's health primary care provider whose +duties include, to the extent possible, providing training to other +health care providers of the Department on the needs of women veterans. +SEC. 5202. ADDITIONAL FUNDING FOR PRIMARY CARE AND EMERGENCY CARE +CLINICIANS IN WOMEN VETERANS HEALTH CARE MINI-RESIDENCY PROGRAM. + (a) In General.--There is authorized to be appropriated to the +Secretary of Veterans Affairs $1,000,000 for each fiscal years 2021 +through 2025 to provide opportunities for participation in the Women +Veterans Health Care Mini-Residency Program of the Department of +Veterans Affairs for primary care and emergency care clinicians. + (b) Treatment of Amounts.--The amounts authorized to be +appropriated under subsection (a) shall be in addition to amounts +otherwise made available to the Secretary for the purposes set forth in +such subsection. +SEC. 5203. ESTABLISHMENT OF WOMEN VETERAN TRAINING MODULE FOR NON- +DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROVIDERS. + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall +establish and make available to community providers a training module +that is specific to women veterans. + (b) Training Materials Provided.--Under the training module +established and made available to community providers under subsection +(a), the Secretary shall provide to community providers the same +training materials relating to treatment of women veterans that is +provided to health care providers of the Department of Veterans Affairs +to ensure that all health care providers treating women veterans have +access to the same materials to support competency throughout the +community. + (c) Administration of Training Module.--The Secretary shall +administer the training module established under subsection (a) to +community providers through an internet website of the Department. + (d) Annual Report.--Not later than one year after the establishment +of the training module under subsection (a), and annually thereafter, +the Secretary shall submit to Congress a report on-- + (1) the utilization by community providers of the training + module; and + (2) the effectiveness of the training module. + (e) Definitions.--In this section: + (1) Community provider.--The term ``community provider'' means + a non-Department of Veterans Affairs health care provider who + provides preauthorized health care to veterans under the laws + administered by the Secretary of Veterans Affairs. + (2) Preauthorized health care.--The term ``preauthorized health + care'' means health care provided to a veteran that is authorized + by the Secretary before being provided. +SEC. 5204. STUDY ON STAFFING OF WOMEN VETERAN PROGRAM MANAGER PROGRAM +AT MEDICAL CENTERS OF DEPARTMENT OF VETERANS AFFAIRS AND TRAINING OF +STAFF. + (a) Study.--The Secretary of Veterans Affairs shall conduct a study +on the use of the Women Veteran Program Manager program of the +Department of Veterans Affairs to determine-- + (1) if the program is appropriately staffed at each medical + center of the Department; + (2) whether each medical center of the Department is staffed + with a Women Veteran Program Manager; and + (3) whether it would be feasible and advisable to have a Women + Veteran Program Ombudsman at each medical center of the Department. + (b) Report.--Not later than 270 days after the date of the +enactment of this Act, the Secretary shall submit to the Committee on +Veterans' Affairs of the Senate and the Committee on Veterans' Affairs +of the House of Representatives a report on the study conducted under +subsection (a). + (c) Training.--The Secretary shall ensure that all Women Veteran +Program Managers and Women Veteran Program Ombudsmen receive the proper +training to carry out their duties. +SEC. 5205. STUDY ON WOMEN VETERAN COORDINATOR PROGRAM. + (a) Study and Report Required.--Not later than 180 days after the +date of the enactment of this Act, the Secretary of Veterans Affairs +shall-- + (1) complete a study on the Women Veteran Coordinator program + of the Veterans Benefits Administration of the Department of + Veterans Affairs; and + (2) submit to the Committee on Veterans' Affairs of the Senate + and the Committee on Veterans' Affairs of the House of + Representatives a report on the findings of the Secretary with + respect to the study completed under paragraph (1). + (b) Elements.--The study required by subsection (a)(1) shall +identify the following: + (1) If the program described in such subsection is + appropriately staffed at each regional benefits office of the + Department. + (2) Whether each regional benefits office of the Department is + staffed with a Women Veteran Coordinator. + (3) The position description of the Women Veteran Coordinator. + (4) Whether an individual serving in the Women Veteran + Coordinator position concurrently serves in any other position, and + if so, the allocation of time the individual spends in each such + position. + (5) A description of the metrics the Secretary uses to + determine the job performance and effectiveness of the Women + Veteran Coordinator. +SEC. 5206. STAFFING IMPROVEMENT PLAN FOR PEER SPECIALISTS OF DEPARTMENT +OF VETERANS AFFAIRS WHO ARE WOMEN. + (a) Assessment of Capacity.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Veterans Affairs, in + consultation with the Inspector General of the Department of + Veterans Affairs, shall commence an assessment of the capacity of + peer specialists of the Department of Veterans Affairs who are + women. + (2) Elements.--The assessment required by paragraph (1) shall + include an assessment of the following: + (A) The geographical distribution of peer specialists of + the Department who are women. + (B) The geographical distribution of women veterans. + (C) The number and proportion of women peer specialists who + specialize in peer counseling on mental health or suicide + prevention. + (D) The number and proportion of women peer specialists who + specialize in peer counseling on non-mental health related + matters. + (b) Report.--Not later than one year after the assessment required +by subsection (a) has commenced, the Secretary shall submit to the +Committee on Veterans' Affairs of the Senate and the Committee on +Veterans' Affairs of the House of Representatives a report detailing +the findings of the assessment. + (c) Staffing Improvement Plan.-- + (1) In general.--Not later than 180 days after submitting the + report under subsection (b), the Secretary, in consultation with + the Inspector General, shall submit to the Committee on Veterans' + Affairs of the Senate and the Committee on Veterans' Affairs of the + House of Representatives a plan, based on the results of the + assessment required by subsection (a), to hire additional qualified + peer specialists who are women, with special consideration for + areas that lack peer specialists who are women. + (2) Elements.--The peer specialist positions included in the + plan required by paragraph (1)-- + (A) shall be non-volunteer, paid positions; and + (B) may be part-time positions. + + Subtitle C--Eliminating Harassment and Assault + +SEC. 5301. EXPANSION OF COVERAGE BY DEPARTMENT OF VETERANS AFFAIRS OF +COUNSELING AND TREATMENT FOR SEXUAL TRAUMA. + (a) Expansion of Eligibility for Counseling and Treatment.--Section +1720D of title 38, United States Code, is amended-- + (1) in subsection (a)-- + (A) in paragraph (1), by striking ``active duty, active + duty for training, or inactive duty training'' and inserting + ``duty, regardless of duty status or line of duty determination + (as that term is used in section 12323 of title 10)''; and + (B) in paragraph (2)(A), by striking ``active duty, active + duty for training, or inactive duty training'' and inserting + ``duty, regardless of duty status or line of duty determination + (as that term is used in section 12323 of title 10)''; + (2) by striking ``veteran'' each place it appears and inserting + ``former member of the Armed Forces''; + (3) by striking ``veterans'' each place it appears and + inserting ``former members of the Armed Forces''; and + (4) by adding at the end the following new subsection: + ``(g) In this section, the term `former member of the Armed Forces' +includes the following: + ``(1) A veteran. + ``(2) An individual described in section 1720I(b) of this + title.''. + (b) Inclusion of Treatment for Physical Health Conditions.--Such +section is further amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by inserting ``, to include care for physical + health conditions, as appropriate,'' after ``counseling and + appropriate care and services''; + (ii) by striking ``overcome psychological trauma'' and + inserting ``treat a condition''; and + (iii) by striking ``mental health professional'' and + inserting ``health care professional''; and + (B) in paragraph (2)(A), by striking ``overcome + psychological trauma'' and inserting ``treat a condition''; and + (2) in subsection (d)-- + (A) in paragraph (1), by inserting ``and other health care + professionals'' after ``mental health professionals''; and + (B) in paragraph (2)(A), by inserting ``and other health + care professionals'' after ``mental health professionals''. +SEC. 5302. ASSESSMENT OF EFFECTS OF INTIMATE PARTNER VIOLENCE ON WOMEN +VETERANS BY ADVISORY COMMITTEE ON WOMEN VETERANS. + Section 542(c)(1) of title 38, United States Code, is amended-- + (1) in subparagraph (B), by striking ``and'' at the end; + (2) by redesignating subparagraph (C) as subparagraph (D); and + (3) by inserting after subparagraph (B) the following new + subparagraph (C): + ``(C) an assessment of the effects of intimate partner violence + on women veterans; and''. +SEC. 5303. ANTI-HARASSMENT AND ANTI-SEXUAL ASSAULT POLICY OF DEPARTMENT +OF VETERANS AFFAIRS. + (a) In General.--Subchapter II of chapter 5 of title 38, United +States Code, is amended by adding at the end the following new section: +``Sec. 533. Anti-harassment and anti-sexual assault policy + ``(a) Establishment.--(1) The Secretary, acting through the Office +of Assault and Prevention of the Veterans Health Administration, shall +establish a comprehensive policy to end harassment and sexual assault, +including sexual harassment and gender-based harassment, throughout the +Department. + ``(2) The policy required by paragraph (1) shall include the +following: + ``(A) A process for employees and contractors of the Department + to respond to reported incidents of harassment and sexual assault + committed by any non-Department individual within a facility of the + Department, including with respect to accountability or + disciplinary measures. + ``(B) A process for employees and contractors of the Department + to respond to reported incidents of harassment and sexual assault + of any non-Department individual within a facility of the + Department. + ``(C) A process for any non-Department individual to report + harassment and sexual assault described in subparagraph (A), + including an option for confidential reporting, and for the + Secretary to respond to and address such reports. + ``(D) Clear mechanisms for non-Department individuals to + readily identify to whom and how to report incidents of harassment + and sexual assault committed by another non-Department individual. + ``(E) Clear mechanisms for employees and contractors of the + Department to readily identify to whom and how to report incidents + of harassment and sexual assault and how to refer non-Department + individuals with respect to reporting an incident of harassment or + sexual assault. + ``(F) A process for, and mandatory reporting requirement + applicable to, any employee or contractor of the Department who + witnesses harassment or sexual assault described in subparagraph + (A) or (B) within a facility of the Department, regardless of + whether the individual affected by such harassment or sexual + assault wants to report such harassment or sexual assault. + ``(G) The actions possible, including disciplinary actions, for + employees or contractors of the Department who fail to report + incidents of harassment and sexual assault described in + subparagraph (A) or (B) that the employees or contractors witness. + ``(H) On an annual or more frequent basis, mandatory training + for employees and contractors of the Department regarding how to + report and address harassment and sexual assault described in + subparagraphs (A) and (B), including bystander intervention + training. + ``(I) On an annual or more frequent basis, the distribution of + the policy under this subsection and anti-harassment and anti- + sexual assault educational materials by mail or email to each + individual receiving a benefit under a law administered by the + Secretary. + ``(J) The prominent display of anti-harassment and anti-sexual + assault messages in each facility of the Department, including how + non-Department individuals may report harassment and sexual assault + described in subparagraphs (A) and (B) at such facility and the + points of contact under subsection (b). + ``(K) The posting on internet websites of the Department, + including the main internet website regarding benefits of the + Department and the main internet website regarding health care of + the Department, of anti-harassment and anti-sexual assault banners + specifically addressing harassment and sexual assault described in + subparagraphs (A) and (B). + ``(b) Points of Contact.--The Secretary shall designate, as a point +of contact to receive reports of harassment and sexual assault +described in subparagraphs (A) and (B) of subsection (a)(2)-- + ``(1) at least one individual, in addition to law enforcement, + at each facility of the Department (including Vet Centers under + section 1712A of this title), with regard to that facility; + ``(2) at least one individual employed in each Veterans + Integrated Service Network, with regard to facilities in that + Veterans Integrated Service Network; + ``(3) at least one individual employed in each regional + benefits office; + ``(4) at least one individual employed at each location of the + National Cemetery Administration; and + ``(5) at least one individual employed at the Central Office of + the Department to track reports of such harassment and sexual + assault across the Department, disaggregated by facility. + ``(c) Accountability.--(1) The Secretary shall establish a policy +to ensure that each facility of the Department and each director of a +Veterans Integrated Service Network is responsible for addressing +harassment and sexual assault at the facility and the Network. + ``(2) The policy required by paragraph (1) shall include-- + ``(A) a remediation plan for facilities that experience five or + more incidents of sexual harassment, sexual assault, or combination + thereof, during any single fiscal year; and + ``(B) taking appropriate actions under chapter 7 or subchapter + V of chapter 74 of this title. + ``(d) Data.--The Secretary shall ensure that the in-take process +for veterans at medical facilities of the Department includes a survey +to collect the following information: + ``(1) Whether the veteran feels safe at the facility and + whether any events occurred at the facility that affect such + feeling. + ``(2) Whether the veteran wants to be contacted later by the + Department with respect to such safety issues. + ``(e) Working Group.--(1) The Secretary shall establish a working +group to assist the Secretary in implementing policies to carry out +this section. + ``(2) The working group established under paragraph (1) shall +consist of representatives from-- + ``(A) veterans service organizations; + ``(B) State, local, and Tribal veterans agencies; and + ``(C) other persons the Secretary determines appropriate. + ``(3) The working group established under paragraph (1) shall +develop, and the Secretary shall carry out-- + ``(A) an action plan for addressing changes at the local level + to reduce instances of harassment and sexual assault; + ``(B) standardized media for veterans service organizations and + other persons to use in print and on the internet with respect to + reducing harassment and sexual assault; and + ``(C) bystander intervention training for veterans. + ``(4) The working group established under paragraph (1) shall not +be subject to the requirements of the Federal Advisory Committee Act (5 +U.S.C. App.). + ``(f) Annual Reports.--(1) The Secretary shall submit to the +Committee on Veterans' Affairs of the Senate and the Committee on +Veterans' Affairs of the House of Representatives an annual report on +harassment and sexual assault described in subparagraphs (A) and (B) of +subsection (a)(2) in facilities of the Department. + ``(2) Each report submitted under paragraph (1) shall include the +following: + ``(A) Results of harassment and sexual assault programming, + including the End Harassment program. + ``(B) Results of studies from the Women's Health Practice-Based + Research Network of the Department relating to harassment and + sexual assault. + ``(C) Data collected on incidents of sexual harassment and + sexual assault. + ``(D) A description of any actions taken by the Secretary + during the year preceding the date of the report to stop harassment + and sexual assault at facilities of the Department. + ``(E) An assessment of the implementation of the training + required in subsection (a)(2)(H). + ``(F) A list of resources the Secretary determines necessary to + prevent harassment and sexual assault at facilities of the + Department. + ``(g) Definitions.--In this section: + ``(1) The term `non-Department individual' means any individual + present at a facility of the Department who is not an employee or + contractor of the Department. + ``(2) The term `sexual harassment' means unsolicited verbal or + physical contact of a sexual nature which is threatening in + character.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding after the item relating to section +532 the following new item: + +``533. Anti-harassment and anti-sexual assault policy.''. + + (c) Definition of Sexual Harassment.--Section 1720D(f) of such +title is amended by striking ``repeated,''. + (d) Deadline.--The Secretary shall commence carrying out section +533 of such title, as added by subsection (a), not later than 180 days +after the date of enactment of this Act. +SEC. 5304. PILOT PROGRAM ON ASSISTING VETERANS WHO EXPERIENCE INTIMATE +PARTNER VIOLENCE OR SEXUAL ASSAULT. + (a) Pilot Program Required.--The Secretary of Veterans Affairs +shall carry out a pilot program to assess the feasibility and +advisability of assisting former members of the Armed Forces who have +experienced or are experiencing intimate partner violence or sexual +assault in accessing benefits from the Department of Veterans Affairs, +including coordinating access to medical treatment centers, housing +assistance, and other benefits from the Department. + (b) Duration.--The Secretary shall carry out the pilot program +under subsection (a) during the two-year period beginning on the date +of the commencement of the pilot program. + (c) Collaboration.--The Secretary shall carry out the pilot program +under subsection (a) in collaboration with-- + (1) intimate partner violence shelters and programs; + (2) rape crisis centers; + (3) State intimate partner violence and sexual assault + coalitions; and + (4) such other health care or other service providers that + serve intimate partner violence or sexual assault victims as + determined by the Secretary, particularly those providing emergency + services or housing assistance. + (d) Authorized Activities.--In carrying out the pilot program under +subsection (a), the Secretary may conduct the following activities: + (1) Training for community-based intimate partner violence or + sexual assault service providers on-- + (A) identifying former members of the Armed Forces who have + been victims of, or are currently experiencing, intimate + partner violence or sexual assault; + (B) coordinating with local service providers of the + Department; and + (C) connecting former members of the Armed Forces with + appropriate housing, mental health, medical, and other + financial assistance or benefits from the Department. + (2) Assistance to service providers to ensure access of + veterans to intimate partner violence and sexual assault emergency + services, particularly in underserved areas, including services for + Native American veterans (as defined in section 3765 of title 38, + United States Code). + (3) Such other outreach and assistance as the Secretary + determines necessary for the provision of assistance under + subsection (a). + (e) Intimate Partner Violence and Sexual Assault Outreach +Coordinators.-- + (1) In general.--In order to effectively assist veterans who + have experienced intimate partner violence or sexual assault, the + Secretary may establish local coordinators to provide outreach + under the pilot program required by subsection (a). + (2) Local coordinator knowledge.--The Secretary shall ensure + that each coordinator established under paragraph (1) is + knowledgeable about-- + (A) the dynamics of intimate partner violence and sexual + assault, including safety concerns, legal protections, and the + need for the provision of confidential services; + (B) the eligibility of veterans for services and benefits + from the Department that are relevant to recovery from intimate + partner violence and sexual assault, particularly emergency + housing assistance, mental health care, other health care, and + disability benefits; and + (C) local community resources addressing intimate partner + violence and sexual assault. + (3) Local coordinator assistance.--Each coordinator established + under paragraph (1) shall assist intimate partner violence shelters + and rape crisis centers in providing services to veterans. + (f) Report.-- + (1) In general.--Not later than 180 days after the completion + of the pilot program under subsection (a), the Secretary shall + submit to Congress a report on the pilot program. + (2) Contents.--The report required by paragraph (1) shall + include the following: + (A) The findings and conclusions of the Secretary with + respect to the pilot program. + (B) Such recommendations for continuing or expanding the + pilot program as the Secretary considers appropriate. + (g) Definitions.--In this section: + (1) Intimate partner.-- + (A) In general.--The term ``intimate partner'' means a + person with whom one has a close personal relationship that may + be characterized by the partners' emotional connectedness, + regular contact, ongoing physical contact and sexual behavior, + identity as a couple, and familiarity and knowledge about each + other's lives. + (B) Close personal relationships.--In this paragraph, the + term ``close personal relationships'' includes the following: + (i) A relationship between married spouses. + (ii) A relationship between common-law spouses. + (iii) A relationship between civil union spouses. + (iv) A relationship between domestic partners. + (v) A relationship between dating partners. + (vi) A relationship between ongoing sexual partners. + (2) Intimate partner violence.--The term ``intimate partner + violence'' includes physical violence, sexual violence, stalking, + and psychological aggression, including coercive tactics by a + current or former intimate partner. +SEC. 5305. STUDY AND TASK FORCE ON VETERANS EXPERIENCING INTIMATE +PARTNER VIOLENCE OR SEXUAL ASSAULT. + (a) National Baseline Study.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary of Veterans Affairs, in + consultation with the Attorney General, shall conduct a national + baseline study to examine the scope of the problem of intimate + partner violence and sexual assault among veterans and spouses and + intimate partners of veterans. + (2) Matters included.--The study under paragraph (1) shall-- + (A) include a literature review of all relevant research on + intimate partner violence and sexual assault among veterans and + spouses and intimate partners of veterans; + (B) examine the prevalence of the experience of intimate + partner violence among-- + (i) women veterans; + (ii) veterans who are minority group members (as + defined in section 544 of title 38, United States Code, and + including other minority populations as the Secretary + determines appropriate); + (iii) urban and rural veterans; + (iv) veterans who are enrolled in a program under + section 1720G of title 38, United States Code; + (v) veterans who are in intimate relationships with + other veterans; and + (vi) veterans who are described in more than one clause + of this subparagraph; + (C) examine the prevalence of the perpetration of intimate + partner violence by veterans; and + (D) include recommendations to address the findings of the + study. + (3) Report.--Not later than 30 days after the date on which the + Secretary completes the study under paragraph (1), the Secretary + shall submit to the Committee on Veterans' Affairs of the Senate + and the Committee on Veterans' Affairs of the House of + Representatives a report on such study. + (b) Task Force.-- + (1) In general.--Not later than 90 days after the date on which + the Secretary completes the study under subsection (a), the + Secretary, in consultation with the Attorney General and the + Secretary of Health and Human Services, shall establish a national + task force (in this section referred to as the ``Task Force'') to + develop a comprehensive national program, including by integrating + facilities, services, and benefits of the Department of Veterans + Affairs into existing networks of community-based intimate partner + violence and sexual assault services, to address intimate partner + violence and sexual assault among veterans. + (2) Leadership.--The Secretary of Veterans Affairs shall lead + the Task Force in collaboration with the Attorney General and the + Secretary of Health and Human Services. + (c) Consultation With Stakeholders.--In carrying out this section, +the Task Force shall consult with-- + (1) representatives from veteran service organizations and + military service organizations; + (2) representatives from not fewer than three national + organizations or State coalitions with demonstrated expertise in + intimate partner violence prevention, response, or advocacy; and + (3) representatives from not fewer than three national + organizations or State coalitions, particularly those representing + underserved and ethnic minority communities, with demonstrated + expertise in sexual assault prevention, response, or advocacy. + (d) Duties.--The duties of the Task Force shall include the +following: + (1) To review existing services and policies of the Department + and develop a comprehensive national program to be carried out by + the Secretary of Veterans Affairs, in collaboration with the heads + of relevant Federal agencies, to address intimate partner violence + and sexual assault prevention, response, and treatment. + (2) To review the feasibility and advisability of establishing + an expedited process to secure emergency, temporary benefits, + including housing or other benefits, for veterans who are + experiencing intimate partner violence or sexual assault. + (3) To review and make recommendations regarding the + feasibility and advisability of establishing dedicated, temporary + housing assistance for veterans experiencing intimate partner + violence or sexual assault. + (4) To identify any requirements regarding intimate partner + violence assistance or sexual assault response and services that + are not being met by the Department and make recommendations on how + the Department can meet such requirements. + (5) To review and make recommendations regarding the + feasibility and advisability of providing direct services or + contracting for community-based services for veterans in response + to a sexual assault, including through the use of sexual assault + nurse examiners, particularly in underserved or remote areas, + including services for Native American veterans. + (6) To review the availability of counseling services provided + by the Department and through peer network support, and to provide + recommendations for the enhancement of such services, to address-- + (A) the perpetration of intimate partner violence and + sexual assault; and + (B) the recovery of veterans, particularly women veterans, + from intimate partner violence and sexual assault. + (7) To review and make recommendations to expand services + available for veterans at risk of perpetrating intimate partner + violence. + (e) Report.--Not later than one year after the date of the +enactment of this Act, and not less frequently than annually thereafter +by October 1 of each year, the Task Force shall submit to the Secretary +of Veterans Affairs and Congress a report on the activities of the Task +Force, including any recommendations for legislative or administrative +action. + (f) Nonapplicability of FACA.--The Task Force shall not be subject +to the requirements of the Federal Advisory Committee Act (5 U.S.C. +App.). + (g) Definitions.--In this section: + (1) Native american veteran.--The term ``Native American + veteran'' has the meaning given that term in section 3765 of title + 38, United States Code. + (2) State.--The term ``State'' has the meaning given that term + in section 101 of title 38, United States Code. + + Subtitle D--Data Collection and Reporting - Passed the House of Representatives September 23, 2020. +SEC. 5401. REQUIREMENT FOR COLLECTION AND ANALYSIS OF DATA ON +DEPARTMENT OF VETERANS AFFAIRS BENEFITS AND SERVICES AND DISAGGREGATION +OF SUCH DATA BY GENDER, RACE, AND ETHNICITY. + The Secretary of Veterans Affairs shall-- + (1) collect and analyze data on each program of the Department + of Veterans Affairs that provides a service or benefit to a + veteran, including the program carried out under section 1144 of + title 10, United States Code; + (2) disaggregate such data by gender, race, and ethnicity, when + the data lends itself to such disaggregation; and + (3) publish the data collected and analyzed under paragraph + (1), except for such cases in which the Secretary determines that + some portions of the data would undermine the anonymity of a + veteran. +SEC. 5402. STUDY ON BARRIERS FOR WOMEN VETERANS TO RECEIPT OF HEALTH +CARE FROM DEPARTMENT OF VETERANS AFFAIRS. + (a) Study Required.--The Secretary of Veterans Affairs shall +conduct a comprehensive study of the barriers to the provision of +health care by the Department of Veterans Affairs encountered by women +who are veterans. + (b) Survey.--In conducting the study required by subsection (a), +the Secretary shall-- + (1) survey women veterans who seek or receive hospital care or + medical services provided by the Department as well as women + veterans who do not seek or receive such care or services; + (2) administer the survey to a representative sample of women + veterans from each Veterans Integrated Service Network; and + (3) ensure that the sample of women veterans surveyed is of + sufficient size for the study results to be statistically + significant and is a larger sample than that of the study specified + in subsection (c)(1). + (c) Use of Previous Studies.--In conducting the study required by +subsection (a), the Secretary shall build on the work of the studies of +the Department titled-- + (1) ``National Survey of Women Veterans in Fiscal Year 2007- + 2008''; and + (2) ``Study of Barriers for Women Veterans to VA Health Care + 2015''. + (d) Elements of Study.--In conducting the study required by +subsection (a), the Secretary shall conduct research on the effects of +the following on the women veterans surveyed in the study: + (1) The barriers associated with seeking mental health care + services, including with respect to provider availability, + telehealth access, and family, work, and school obligations. + (2) The effect of driving distance or availability of other + forms of transportation to the nearest medical facility on access + to care. + (3) The effect of access to care from non-Department providers. + (4) The availability of child care. + (5) The satisfaction of such veterans with the provision by the + Department of integrated primary care, women's health clinics, or + both, including perceptions of quality of care, safety, and + comfort. + (6) The understanding and perceived accessibility among such + veterans of eligibility requirements for, and the scope of services + available under, hospital care and medical services. + (7) The perception of such veterans of personal safety and + comfort in inpatient, outpatient, and behavioral health facilities. + (8) The gender sensitivity of health care providers and staff + to issues that particularly affect women. + (9) The effectiveness of outreach for health care services + available to women veterans. + (10) The location and operating hours of health care facilities + that provide services to women veterans. + (11) The perception of such veterans of the motto of the + Department. + (12) Such other significant barriers as the Secretary considers + appropriate. + (e) Discharge by Contract.--The Secretary shall enter into a +contract with a qualified independent entity or organization to carry +out the study and research required under this section. + (f) Mandatory Review of Data by Certain Department Divisions.-- + (1) Review.-- + (A) In general.--The Secretary shall ensure that the head + of each division of the Department of Veterans Affairs + specified in paragraph (2) reviews the results of the study + conducted under this section. + (B) Submittal of findings.--The head of each division + specified in paragraph (2) shall submit findings with respect + to the study under this section to the Under Secretary of the + Department with responsibilities relating to health care + services for women veterans. + (2) Specified divisions.--The divisions of the Department of + Veterans Affairs specified in this paragraph are the following: + (A) The Office of the Under Secretary for Health. + (B) The Office of Women's Health established under section + 7310 of title 38, United States Code. + (C) The Center for Women Veterans under section 318 of such + title. + (D) The Advisory Committee on Women Veterans established + under section 542 of such title. + (g) Report.-- + (1) In general.--Not later than 30 months after the date of the + enactment of this Act, the Secretary shall submit to Congress a + report on the study required under this section. + (2) Elements.--The report under paragraph (1) shall include-- + (A) the findings of the head of each division of the + Department specified under subsection (f)(2); and + (B) recommendations for such administrative and legislative + action as the Secretary considers appropriate. +SEC. 5403. STUDY ON FEASIBILITY AND ADVISABILITY OF OFFERING PARENTING +STAIR PROGRAM AT ALL MEDICAL CENTERS OF DEPARTMENT OF VETERANS AFFAIRS. + (a) In General.--The Secretary of Veterans Affairs shall conduct a +study on the feasibility and advisability of expanding the Parenting +STAIR program to all medical centers of the Department of Veterans +Affairs and including such program as part of care for military sexual +trauma for affected members and former members of the Armed Forces. + (b) Elements.--In conducting the study under subsection (a), the +Secretary shall assess-- + (1) staffing needed to offer the Parenting STAIR program at all + medical centers of the Department; + (2) any additional infrastructure or resources (such as child + care during the program) needed for the expansion of the program; + and + (3) such other factors relevant to the expansion of the program + as the Secretary considers appropriate. + (c) Reports to Congress.-- + (1) Interim report.--Not later than one year after the date of + the enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report + detailing-- + (A) the current number and locations of all facilities of + the Department offering the Parenting STAIR program; and + (B) the number of veterans served by such program in the + most recent fiscal year or calendar year for which data is + available. + (2) Final report.--Not later than three years after the date of + the enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report + detailing-- + (A) the results of the study conducted under subsection + (a); + (B) an update on how many veterans have used the Parenting + STAIR program since its development in fiscal year 2017, + disaggregated by year, including the locations in which + veterans have used such program; and + (C) a determination on the feasibility and advisability of + expanding the Parenting STAIR program to all medical facilities + of the Department offering care for military sexual trauma. + (d) Definitions.--In this section: + (1) Affected members and former members of the armed forces.-- + The term ``affected members and former members of the Armed + Forces'' means members and former members of the Armed Forces who + are parents and have experienced military sexual trauma. + (2) Military sexual trauma.--The term ``military sexual + trauma'' has the meaning given such term in section 1164(c) of + title 38, United States Code, as added by section 5501(a) of this + title. + (3) Parenting stair program.--The term ``Parenting STAIR + program'' means the program of the Department of Veterans Affairs + that consists of a five-session, parenting-specific treatment + protocol based on skills training in affective and interpersonal + regulation (commonly referred to as ``STAIR''), which is a + cognitive behavioral therapy that has been identified as a + promising practice for treating post-traumatic stress disorder, + including chronic and complicated forms, among individuals with co- + occurring disorders. - Attest: + Subtitle E--Benefits Matters + +SEC. 5501. EVALUATION OF SERVICE-CONNECTION OF MENTAL HEALTH CONDITIONS +RELATING TO MILITARY SEXUAL TRAUMA. + (a) Specialized Teams to Evaluate Claims Involving Military Sexual +Trauma.-- + (1) In general.--subchapter VI of chapter 11 of such title is + amended by adding at the end the following new section: +``Sec. 1164. Specialized teams to evaluate claims involving military + sexual trauma + ``(a) In General.--The Secretary shall establish specialized teams +to process claims for compensation for a covered mental health +condition based on military sexual trauma experienced by a veteran +during active military, naval, or air service. + ``(b) Training.--The Secretary shall ensure that members of teams +established under subsection (a) are trained to identify markers +indicating military sexual trauma. + ``(c) Definitions.--In this section: + ``(1) The term `covered mental health condition' means post- + traumatic stress disorder, anxiety, depression, or other mental + health diagnosis described in the current version of the Diagnostic + and Statistical Manual of Mental Disorders published by the + American Psychiatric Association that the Secretary determines to + be related to military sexual trauma. + ``(2) The term `military sexual trauma' means, with respect to + a veteran, a physical assault of a sexual nature, battery of a + sexual nature, or sexual harassment during active military, naval, + or air service.''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter is amended by adding at the end the following new + item: + +``1164. Specialized teams to evaluate claims involving military sexual + trauma.''. + + (b) Annual Reports on Claims for Disabilities Incurred or +Aggravated by Military Sexual Trauma.-- + (1) Reports required.--Not later than March 1, 2021, and not + less frequently than once each year thereafter through 2027, the + Secretary of Veterans Affairs shall submit to Congress a report on + covered claims submitted during the previous fiscal year to + identify and track the consistency of decisions across regional + offices of the Department of Veterans Affairs. + (2) Elements.--Each report under paragraph (1) shall include + the following: + (A) The number of covered claims submitted to or considered + by the Secretary during the fiscal year covered by the report. + (B) Of the covered claims listed under subparagraph (A), + the number and percentage of such claims-- + (i) submitted by each sex; + (ii) that were approved, including the number and + percentage of such approved claims submitted by each sex; + (iii) that were denied, including the number and + percentage of such denied claims submitted by each sex; and + (iv) that were developed and reviewed by a specialized + team established under section 1164(a) of title 38, United + States Code, as added by subsection (a). + (C) Of the covered claims listed under subparagraph (A) + that were approved, the number and percentage, disaggregated by + sex, of claims assigned to each rating percentage. + (D) Of the covered claims listed under subparagraph (A) + that were denied-- + (i) the three most common reasons given by the + Secretary under section 5104(b)(1) of title 38, United + States Code, for such denials; and + (ii) the number of denials that were based on the + failure of a veteran to report for a medical examination. + (E) The number of covered claims that, as of the end of the + fiscal year covered by the report, are pending and, separately, + the number of such claims on appeal. + (F) For the fiscal year covered by the report, the average + number of days that covered claims take to complete, beginning + on the date on which the claim is submitted. + (G) A description of the training that the Secretary + provides to employees of the Veterans Benefits Administration, + or such contractors or other individuals as the Secretary + considers appropriate, specifically with respect to covered + claims, including the frequency, length, and content of such + training. + (H) Whether all covered claims are subject to second level + review until the individual rater of the Veterans Benefits + Administration adjudicating such covered claims achieves an + accuracy rate of 90 percent on decisions of such covered + claims. + (3) Definitions.--In this subsection: + (A) Covered claims.--The term ``covered claims'' means + claims for disability compensation submitted to the Secretary + based on a covered mental health condition alleged to have been + incurred or aggravated by military sexual trauma. + (B) Covered mental health condition.--The term ``covered + mental health condition'' has the meaning given such term in + section 1164(c) of title 38, United States Code. + (C) Military sexual trauma.--The term ``military sexual + trauma'' has the meaning given such term in such section. +SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL +EXAMINER FOR ASSESSMENT OF CLAIMS FOR COMPENSATION RELATING TO +DISABILITY RESULTING FROM PHYSICAL ASSAULT OF A SEXUAL NATURE, BATTERY +OF A SEXUAL NATURE, OR SEXUAL HARASSMENT. + (a) In General.--Subchapter VI of chapter 11 of title 38, United +States Code, as amended by section 5501 of this title, is further +amended by inserting after section 1164, as added by section 5501, the +following new section: +``Sec. 1165. Choice of sex of medical examiner for certain disabilities + ``(a) In General.--The Secretary shall ensure that a veteran who +requires a medical examination from a covered medical provider in +support of a claim for compensation under this chapter for a mental or +physical health condition that resulted from a physical assault of a +sexual nature, battery of a sexual nature, or sexual harassment may +designate the sex of the medical provider who provides such medical +examination. + ``(b) Covered Medical Providers.--For purposes of this section, a +covered medical provider is any medical provider who is employed by the +Department or is under any contract with the Department to provide a +medical examination or a medical opinion when such an examination or +opinion is necessary to make a decision on a claim. + ``(c) Notice.--Before providing any medical examination for a +veteran in support for a claim described in subsection (a), the +Secretary shall notify the veteran of the veteran's rights under +subsection (a).''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 11 of such title, as amended by section 5501 of this title, is +further amended by inserting after the item relating to section 1164 +the following new item: + +``1165. Choice of sex of medical examiner for certain disabilities.''. +SEC. 5503. SECRETARY OF VETERANS AFFAIRS REPORT ON IMPLEMENTING +RECOMMENDATIONS OF INSPECTOR GENERAL OF DEPARTMENT OF VETERANS AFFAIRS +IN CERTAIN REPORT ON DENIED POSTTRAUMATIC STRESS DISORDER CLAIMS +RELATED TO MILITARY SEXUAL TRAUMA. + Not later than 90 days after the date of the enactment of this Act, +the Secretary of Veterans Affairs shall submit to the Committee on +Veterans' Affairs of the Senate and the Committee on Veterans' Affairs +of the House a report on the progress of the Secretary in implementing +the recommendations from the report of the Inspector General of the +Department of Veterans Affairs entitled ``Denied Posttraumatic Stress +Disorder Claims Related to Military Sexual Trauma'' (17-05248-241). - Clerk. -116th CONGRESS + TITLE VI--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS - 2d Session +SEC. 6001. SHORT TITLE. + This title may be cited as the ``Financial Refuge for Every Elderly +Veteran Act of 2020'' or the ``FREE Veteran Act of 2020''. +SEC. 6002. PLAN TO ADDRESS THE FINANCIAL EXPLOITATION OF VETERANS +RECEIVING PENSION FROM THE DEPARTMENT OF VETERANS AFFAIRS. + (a) Development of Method for Solicitation and Collection of +Information.--Not later than one year after the date of the enactment +of this Act, the Secretary of Veterans Affairs shall develop a method +for systematically soliciting and collecting information on complaints +received, referrals made, and actions taken by the pension management +centers of the Department of Veterans Affairs and any other relevant +components of the Department, in cases of potential financial +exploitation of individuals receiving pension under chapter 15 of title +38, United States Code. + (b) Plan To Assess and Address Financial Exploitation of +Veterans.-- + (1) In general.--The Secretary shall develop and periodically + update a plan-- + (A) to regularly assess the information solicited and + collected under subsection (a) to identify trends of potential + financial exploitation of the individuals described in + subsection (a) across the Department; and + (B) to outline actions that the Department can take to + improve education and training to address those trends. + (2) Submission of plan.--Not later than one year after the date + of the enactment of this Act and not less frequently than once + every two years thereafter until the date that is six years after + the date of the enactment of this Act, the Secretary shall submit + the plan most recently developed or updated under paragraph (1) + to-- + (A) the Comptroller General of the United States; and + (B) the Committee on Veterans' Affairs and the Special + Committee on Aging of the Senate and the Committee on Veterans' + Affairs of the House of Representatives. +SEC. 6003. OVERPAYMENTS OF PENSION TO VETERANS RECEIVING PENSION FROM +THE DEPARTMENT OF VETERANS AFFAIRS. + (a) Guidance and Training for Claims Processors.--As the Secretary +of Veterans Affairs considers necessary, but not less frequently than +once every three years until the date that is 10 years after the date +of the enactment of this Act, the Under Secretary for Benefits of the +Department of Veterans Affairs shall update guidance and training +curriculum for the processors of claims for pension under chapter 15 of +title 38, United States Code, regarding the evaluation of questionable +medical expenses on applications for pension, including by updating +such guidance with respect to what constitutes a questionable medical +expense and by including examples of such expenses. + (b) Identification and Tracking.--The Under Secretary shall develop +a method for identifying and tracking the number of individuals who +have received overpayments of pension under chapter 15 of title 38, +United States Code. + (c) Annual Report.--Not later than one year after the date of the +enactment of this Act and not later than October 31 of each fiscal year +beginning thereafter until the date that is four years after the date +of the enactment of this Act, the Under Secretary shall submit to +Congress a report that includes, for the period covered by the report, +the following: + (1) The number of individuals who received overpayments of + pension under chapter 15 of title 38, United States Code. + (2) The five most common reasons for overpayments described in + paragraph (1). + (3) The number of veterans who had to repay overpayments + described in paragraph (1). + (4) The number of veterans for whom the Secretary waived a + requirement to repay an overpayment described in paragraph (1). + (5) The total dollar amount of overpayments described in + paragraph (1). + (6) The total dollar amount of repayments of veterans for + overpayments described in paragraph (1). + (7) The average dollar amount of repayments described in + paragraph (6). +SEC. 6004. EVALUATION OF ADDITIONAL ACTIONS FOR VERIFYING DIRECT +DEPOSIT INFORMATION PROVIDED BY VETERANS ON APPLICATIONS FOR VETERANS +PENSION. + (a) In General.--The Under Secretary for Benefits of the Department +of Veterans Affairs shall-- + (1) conduct an evaluation of the feasibility and advisability + of requiring the processors of claims for pension under chapter 15 + of title 38, United States Code, to take additional actions to + verify that the direct deposit information provided by an + individual on an application for pension is for the appropriate + recipient; and + (2) identify such legislative or administrative actions as the + Under Secretary considers appropriate to ensure that payments of + pension are provided to the correct recipients. + (b) Submission to Congress.-- + (1) In general.--Not later than 240 days after the date of the + enactment of this Act, the Under Secretary shall submit to Congress + a report on the evaluation and identification under subsection (a). + (2) Contents.--The report required by paragraph (1) shall + include the following: + (A) The findings of the Under Secretary with respect to the + evaluation conducted under subsection (a)(1). + (B) The actions identified under subsection (a)(2). + (C) A plan for implementing any administrative actions + identified under subsection (a)(2). + (D) A rationale for not implementing any actions evaluated + under paragraph (1) of subsection (a) but not identified under + paragraph (2) of such subsection. +SEC. 6005. ANNUAL REPORT ON EFFORTS OF DEPARTMENT OF VETERANS AFFAIRS +TO ADDRESS THE FINANCIAL EXPLOITATION OF VETERANS RECEIVING PENSION. + (a) In General.--Not later than one year after the date of the +enactment of this Act and not less frequently than once each year +thereafter until the date that is four years after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall submit +to the Committee on Veterans' Affairs of the Senate and the Committee +on Veterans' Affairs of the House of Representatives a report on +efforts to address the financial exploitation of individuals receiving +pension under chapter 15 of title 38, United States Code. + (b) Contents.--Each report required by subsection (a) shall +include, for the period covered by the report, the following: + (1) The number of individuals who received pension under + chapter 15 of title 38, United States Code, who have been referred + by any component of the Department of Veterans Affairs to the + Office of Inspector General of the Department as likely or proven + victims of financial exploitation. + (2) The number of referrals and reports relating to the + financial exploitation of such individuals made by the Department + of Veterans Affairs to-- + (A) the Consumer Sentinel Network of the Federal Trade + Commission; and + (B) the Department of Justice. + (3) A description of the actions taken as a result of such + referrals and reports against-- + (A) individuals recognized by the Secretary as agents or + attorneys under section 5904 of title 38, United States Code; + and + (B) individuals not so recognized. +SEC. 6006. NOTICE REGARDING FEES CHARGED IN CONNECTION WITH FILING AN +APPLICATION FOR VETERANS PENSION. + The Under Secretary for Benefits of the Department of Veterans +Affairs shall ensure that every paper or electronic document relating +to the receipt of pension under chapter 15 of title 38, United States +Code, that is available to individuals who apply for such pension, +including educational forms about or applications for such pension, +includes a notice that the Department does not charge any fee in +connection with the filing of an application for such pension. +SEC. 6007. OUTREACH PLAN FOR EDUCATING VULNERABLE VETERANS ABOUT +POTENTIAL FINANCIAL EXPLOITATION RELATING TO THE RECEIPT OF PENSION. + (a) Development of Plan.--The Under Secretary for Benefits of the +Department of Veterans Affairs shall develop, in collaboration with +veterans service organizations, an outreach plan for educating +vulnerable individuals about potential financial exploitation relating +to the receipt of pension under chapter 15 of title 38, United States +Code. + (b) Submission to Congress.--Not later than 180 days after the date +of the enactment of this Act, the Under Secretary shall submit to the +Committee on Veterans' Affairs and the Special Committee on Aging of +the Senate and the Committee on Veterans' Affairs of the House of +Representatives the plan developed under subsection (a). + (c) Veterans Service Organization Defined.--In this section, the +term ``veterans service organization'' means an organization recognized +by the Secretary of Veterans Affairs for the representation of veterans +under section 5902 of title 38, United States Code. + + TITLE VII--OTHER MATTERS + Subtitle A--Administrative and Other Matters + +SEC. 7001. MEDICAL EXAMINATION PROTOCOL FOR VOLUNTEER DRIVERS +PARTICIPATING IN PROGRAM OF TRANSPORTATION SERVICES FOR VETERANS. + Section 111A(b) of title 38, United States Code, is amended-- + (1) by inserting ``(1)'' before ``The Secretary''; and + (2) by adding at the end the following new paragraph: + ``(2)(A) Not later than 90 days after the date of the enactment of +the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and +Benefits Improvement Act of 2020, the Secretary shall develop and +establish a national protocol for the administration of medical +examinations for volunteer drivers to participate in the program +described in paragraph (1). + ``(B) In developing the protocol required by subparagraph (A), the +Secretary shall consult with such persons as the Secretary determines +have an interest in the program described in paragraph (1). + ``(C)(i) The Secretary shall implement the protocol by first +conducting a one-year pilot program using the protocol. + ``(ii) After conducting the pilot program required by clause (i), +the Secretary shall assess the pilot program and make such changes to +the protocol as the Secretary considers appropriate. + ``(iii) After making changes to the protocol under clause (ii), the +Secretary shall implement the protocol in phases during the course of +one year.''. +SEC. 7002. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON TRIBAL +AND INDIAN AFFAIRS. + (a) Establishment of Advisory Committee.-- + (1) In general.--Subchapter III of chapter 5 of title 38, + United States Code, is amended by adding at the end the following + new section: +``Sec. 547. Advisory Committee on Tribal and Indian Affairs + ``(a) Establishment.--(1) The Secretary shall establish an advisory +committee to provide advice and guidance to the Secretary on matters +relating to Indian tribes, tribal organizations, and Native American +veterans. + ``(2) The advisory committee established under paragraph (1) shall +be known as the `Advisory Committee on Tribal and Indian Affairs' (in +this section referred to as the `Committee'). + ``(3) The Committee shall facilitate, but not supplant, government- +to-government consultation between the Department and Indian tribes or +tribal organizations. + ``(4) The Secretary shall consult with Indian tribes or tribal +organizations in developing a charter for the Committee. + ``(b) Membership.--(1) The Committee shall be comprised of 15 +voting members selected by the Secretary from among individuals +nominated as specified under this subsection. + ``(2) In selecting members under paragraph (1), the Secretary shall +ensure that-- + ``(A) at least one member of each of the 12 service areas of + the Indian Health Service is represented in the membership of the + Committee nominated by Indian tribes or tribal organizations; + ``(B) at least one member of the Committee represents the + Native Hawaiian veteran community nominated by a Native Hawaiian + Organization; + ``(C) at least one member of the Committee represents urban + Indian organizations nominated by a national urban Indian + organization; and + ``(D) not fewer than half of the members are veterans, unless + the Secretary determines that an insufficient number of qualified + veterans were nominated under paragraph (1). + ``(3) No member of the Committee may be an employee of the Federal +Government. + ``(c) Terms; Vacancies.--(1) A member of the Committee shall be +appointed for a term of two years. + ``(2) The Secretary shall fill a vacancy in the Committee in the +same manner as the original appointment within 180 days. + ``(d) Meetings.--(1)(A) Except as provided in subparagraph (B), the +Committee shall meet in-person with the Secretary, or the Secretary's +designee, not less frequently than twice each year and hold monthly +conference calls as necessary. + ``(B) During a public health emergency (as defined in section 20003 +of the Coronavirus Aid, Relief, and Economic Security Act (Public Law +116-136)), meetings under subparagraph (A) may be conducted virtually. + ``(2)(A) Representatives of relevant Federal agencies may attend +meetings of the Committee and provide information to the Committee. + ``(B) One representative of the Office of Tribal Government +Relations of the Department shall attend at each meeting of the +Committee. + ``(C) Representatives attending meetings under this paragraph shall +not be considered voting members of the Committee. + ``(D) A representative attending a meeting or providing information +under this paragraph may not receive additional compensation for +services performed with respect to the Committee. + ``(e) Subcommittees.--(1) The Committee may establish +subcommittees. + ``(2) The Secretary may, in consultation with the Committee, +appoint a member to a subcommittee established under paragraph (1) who +is not a member of the Committee. + ``(3) Such subcommittees may enhance the function of the Committee, +but may not supersede the authority of the Committee or provide direct +advice or work products to the Department. + ``(f) Duties.--The duties of the Committee are as follows: + ``(1) To advise the Secretary on ways the Department can + improve the programs and services of the Department to better serve + Native American veterans. + ``(2) To identify for the Department evolving issues of + relevance to Indian tribes, tribal organizations, and Native + American veterans relating to programs and services of the + Department. + ``(3) To propose clarifications, recommendations, and solutions + to address issues raised at tribal, regional, and national levels, + especially regarding any tribal consultation reports. + ``(4) To provide a forum for Indian tribes, tribal + organizations, urban Indian organizations, Native Hawaiian + organizations, and the Department to discuss issues and proposals + for changes to Department regulations, policies, and procedures. + ``(5) To identify priorities and provide advice on appropriate + strategies for tribal consultation and urban Indian organizations + conferring on issues at the tribal, regional, or national levels. + ``(6) To ensure that pertinent issues are brought to the + attention of Indian tribes, tribal organizations, urban Indian + organizations, and Native Hawaiian organizations in a timely + manner, so that feedback can be obtained. + ``(7) To encourage the Secretary to work with other Federal + agencies and Congress so that Native American veterans are not + denied the full benefit of their status as both Native Americans + and veterans. + ``(8) To highlight contributions of Native American veterans in + the Armed Forces. + ``(9) To make recommendations on the consultation policy of the + Department on tribal matters. + ``(10) To support a process to develop an urban Indian + organization confer policy to ensure the Secretary confers, to the + maximum extent practicable, with urban Indian organizations. + ``(11) To conduct other duties as recommended by the Committee. + ``(g) Reports.--(1) Not less frequently than once each year, the +Committee shall submit to the Secretary and the appropriate committees +of Congress such recommendations as the Committee may have for +legislative or administrative action for the upcoming year. + ``(2) Not later than 90 days after the date on which the Secretary +receives a recommendation under paragraph (1), the Secretary shall +submit to the appropriate committees of Congress a written response to +the recommendation. + ``(3) Not less frequently than once every two years, the Committee +shall submit to the Secretary and the appropriate committees of +Congress a report describing the activities of the Committee during the +previous two years. + ``(4) The Secretary shall make publicly available on an Internet +website of the Department-- + ``(A) each recommendation the Secretary receives under + paragraph (1); + ``(B) each response the Secretary submits under paragraph (2); + and + ``(C) each report the Secretary receives under paragraph (3). + ``(h) Committee Personnel Matters.--A member of the Committee shall +be allowed travel expenses, including per diem in lieu of subsistence, +at rates authorized for an employee of an agency under subchapter I of +chapter 57 of title 5 while away from the home or regular place of +business of the member in the performance of the duties of the +Committee. + ``(i) Federal Advisory Committee Act Exemption.--Section 14 of the +Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the +Committee. + ``(j) Definitions.--In this section: + ``(1) The term `appropriate committees of Congress' means-- + ``(A) the Committee on Veterans' Affairs and the Committee + on Indian Affairs of the Senate; and + ``(B) the Committee on Veterans' Affairs and the Committee + on Natural Resources of the House of Representatives. + ``(2) The term `Indian tribe' has the meaning given such term + in section 4 of the Indian Self-Determination and Education + Assistance Act (25 U.S.C. 5304). + ``(3) The term `Native Hawaiian organization' means any + organization that-- + ``(A) serves the interests of Native Hawaiians; + ``(B) has Native Hawaiians in substantive and policymaking + positions within the organization; + ``(C) has demonstrated experience working with Native + Hawaiian veterans; and + ``(D) shall include the Office of Hawaiian Affairs. + ``(4) The term `Native American veteran' has the meaning given + such term in section 3765 of this title. + ``(5) The term `Office of Hawaiian Affairs' means the Office of + Hawaiian Affairs established by the constitution of the State of + Hawaii.''. + ``(6) The term `tribal organization' has the meaning given such + term in section 3765 of this title. + ``(7) The term `urban Indian organization' has the meaning + given such term in section 4 of the Indian Health Care Improvement + Act (25 U.S.C. 1603).''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 5 of such title is amended by inserting after the item + relating to section 546 the following new item: + +``547. Advisory Committee on Tribal and Indian Affairs.''. + + (b) Deadline for Establishment.--The Secretary of Veterans Affairs +shall establish the advisory committee required by section 547 of title +38, United States Code, as added by subsection (a)(1), not later than +180 days after the date of the enactment of this Act. + (c) Deadline for Initial Appointments.--Not later than 90 days +after the date on which the Secretary establishes the advisory +committee required by such section, the Secretary shall appoint members +under subsection (b)(1) of such section. + (d) Initial Meeting.--Not later than 90 days after the date on +which the Secretary establishes the advisory committee required by such +section, such advisory committee shall hold its first meeting. + (e) Report on Relation to Office of Tribal and Government +Relations.-- + (1) In general.--Not later than two years after the date of the + first meeting held by the advisory committee required by such + section, the Secretary shall submit to Congress a report on whether + and to what extent the activities of the advisory committee improve + the function of the Office of Tribal and Government Relations of + the Department of Veterans Affairs, aid the decisions of the + Secretary, and whether and to what extent the activities of the + advisory committee duplicate function of the Department performed + before the enactment of this Act. + (2) Review by advisory committee.--The Secretary shall-- + (A) give the advisory committee an opportunity to review + the report required by paragraph (1) before submitting the + report under such paragraph; and + (B) include in the report submitted under such paragraph + such comments as the advisory committee considers appropriate + regarding the views of the advisory committee with respect to + the report. +SEC. 7003. PREFERENCE FOR OFFERORS EMPLOYING VETERANS. + (a) In General.--Subchapter II of chapter 81 of title 38, United +States Code, is amended by adding after section 8128 the following new +section: +``Sec. 8129. Preference for offerors employing veterans + ``(a) Preference.--(1) In awarding a contract for the procurement +of goods or services, the Secretary may give a preference to offerors +that employ veterans on a full-time basis. + ``(2) The Secretary shall determine such preference based on the +percentage of the full-time employees of the offeror who are veterans. + ``(b) Enforcement Penalties for Misrepresentation.--(1) Any offeror +that is determined by the Secretary to have willfully and intentionally +misrepresented the veteran status of the employees of the offeror for +purposes of subsection (a) may be debarred from contracting with the +Department for a period of not less than five years. + ``(2) If the Secretary carries out a debarment under paragraph (1), +the Secretary shall-- + ``(A) commence debarment action against the offeror by not + later than 30 days after determining that the offeror willfully and + intentionally misrepresented the veteran status of the employees of + the offeror as described in paragraph (1); and + ``(B) complete debarment actions against such offeror by not + later than 90 days after such determination. + ``(3) The debarment of an offeror under paragraph (1) includes the +debarment of all principals in the offeror for a period of not less +than five years.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 81 of such title is amended by inserting after the item +relating to section 8128 the following new item: + +``8129. Preference for offerors employing veterans.''. +SEC. 7004. EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOYMENT RIGHTS TO +MEMBERS OF THE NATIONAL GUARD WHO PERFORM STATE ACTIVE DUTY. + Section 4303 of title 38, United States Code, is amended-- + (1) in paragraph (13), by inserting ``State active duty for a + period of 14 days or more, State active duty in response to a + national emergency declared by the President under the National + Emergencies Act (50 U.S.C. 1601 et seq.), State active duty in + response to a major disaster declared by the President under + section 401 of the Robert T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5170),'' after ``full-time National Guard + duty,''; + (2) by redesignating paragraph (15) as paragraph (16); and + (3) by inserting after paragraph (14) the following new + paragraph (15): + ``(15) The term `State active duty' means training or other + duty, other than inactive duty, performed by a member of the + National Guard of a State-- + ``(A) not under section 502 of title 32 or under title 10; + ``(B) in service to the Governor of a State; and + ``(C) for which the member is not entitled to pay from the + Federal Government.''. +SEC. 7005. REPAYMENT OF MISUSED BENEFITS. + (a) In General.--Section 6107(b) of title 38, United States Code, +is amended-- + (1) in paragraph (1), by striking ``In any case in which a + fiduciary described in paragraph (2)'' and inserting ``In any case + not covered by subsection (a) in which a fiduciary''; + (2) by striking paragraph (2); and + (3) by redesignating paragraph (3) as paragraph (2). + (b) Application.--The amendments made by subsection (a) shall apply +with respect to any determination by the Secretary of Veterans Affairs +made on or after the date of the enactment of this Act regarding the +misuse of benefits by a fiduciary. +SEC. 7006. EXEMPTION OF CERTAIN TRANSFERS. + Section 7364(b)(1) of title 38, United States Code, is amended by +adding at the end the following new sentence: ``Any amounts so +transferred after September 30, 2016, shall be available without regard +to fiscal year limitations, notwithstanding section 1535(d) of title +31.''. +SEC. 7007. REPORT AND PLANNED ACTIONS OF THE SECRETARY OF VETERANS +AFFAIRS TO ADDRESS CERTAIN HIGH-RISK AREAS OF THE DEPARTMENT OF +VETERANS AFFAIRS. + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs, in +consultation with the Comptroller General of the United States, shall +submit to the Committees on Veterans' Affairs of the Senate and House +of Representatives a report outlining the plan the Secretary has +developed and the actions the Secretary has taken to address the areas +of concern identified by the Comptroller General for the Department of +Veterans Affairs in the 2019 High-Risk List of the Government +Accountability Office (GAO-19-157SP) regarding-- + (1) acquisition management; and + (2) managing risks and improving health care. + (b) Elements.--The report under subsection (a) shall include each +of the following: + (1) Root causes of the areas of concern described in paragraphs + (1) and (2) of subsection (a). + (2) Corrective actions and specific steps to address each root + cause, including-- + (A) the progress of the Secretary in implementing those + actions and steps; and + (B) timelines and milestones the Secretary determines + feasible to complete each corrective action. + (3) Resources the Secretary determines are necessary to + implement corrective actions, including-- + (A) funding; + (B) stakeholders; + (C) technology; and + (D) senior officials responsible for implementing the + corrective actions and reporting results. + (4) Metrics for assessing progress in addressing the areas of + concern described in paragraphs (1) and (2) of subsection (a). + (5) Key outcomes that demonstrate progress in addressing the + areas of concern described in paragraphs (1) and (2) of subsection + (a). + (6) Obstacles to implementation of the plan that the Secretary + identifies. + (7) Recommendations of the Secretary regarding legislation or + funding the Secretary determines necessary to implement the plan. + (8) Any other information the Secretary determines is relevant + to understanding the progress of the Department toward the removal + of the areas of concern from the High Risk List. + (c) Annual Updates.-- + (1) Update required.--Not less than once each year during the + implementation period under paragraph (2), the Secretary shall + submit to Congress an update regarding implementation of each + element of the plan under subsection (b). + (2) Implementation period.--The implementation period described + in this paragraph begins on the date on which the Secretary submits + the report required under subsection (a) and ends on the earlier of + the following dates: + (A) The date on which the Comptroller General removes the + last area of concern for the Department from the most recent + High-Risk List of the Government Accountability Office. + (B) The date that is 8 years after the date on which the + Secretary submits the plan required under subsection (a). +SEC. 7008. ANNUAL REPORT BY SECRETARY OF VETERANS AFFAIRS ON +IMPLEMENTATION OF PRIORITY RECOMMENDATIONS OF COMPTROLLER GENERAL OF +THE UNITED STATES PERTAINING TO DEPARTMENT OF VETERANS AFFAIRS. + (a) Annual Report Required.--Not later than 270 days after the date +of the enactment of this Act, and not less than once during each of the +subsequent 3 years, the Secretary of Veterans Affairs shall submit to +the Committees on Veterans' Affairs of the Senate and House of +Representatives and to the Comptroller General of the United States a +report on the implementation of priority recommendations of the +Comptroller General that pertain to the Department of Veterans Affairs. + (b) Contents.--Each report submitted under subsection (a) shall +include, for the period covered by the report, the following: + (1) The progress of the Secretary in implementing all open + priority recommendations of the Comptroller General for the + Department of Veterans Affairs. + (2) An explanation for each instance where the Secretary has + decided not to implement, or has not fully implemented, an open + priority recommendation of the Comptroller General for the + Department. + (3) A summary of the corrective actions taken and remaining + steps the Secretary plans to take to implement open priority + recommendations of the Comptroller General. + (c) Supplement Not Supplant Certain Required Reports or Written +Statements.--The report under this section shall not be construed to +supplant any report or written statement required under section 720 of +title 31, United States Code. +SEC. 7009. CLARIFICATION OF METHODS USED TO MONITOR COMPLIANCE WITH +CERTAIN LIMITATIONS ON SUBCONTRACTING. + Section 8127(k)(3)(A) of title 38, United States Code, is amended +by striking ``and any other'' and inserting ``or any other''. +SEC. 7010. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT TO PROVIDE +CERTAIN NOTICE TO PERSONS FILING CLAIMS FOR DAMAGE, INJURY, OR DEATH ON +STANDARD FORM 95. + Not later than 90 days after the date on which a person submits to +the Secretary of Veterans Affairs a claim for damage, injury, or death +on Standard Form 95, or any successor form, the Secretary shall provide +to such person notice of each of the following: + (1) The benefit of obtaining legal advice concerning such + claim. + (2) The employment status of any individual listed on the form. + (3) If the claim involves a contractor that entered into an + agreement with the Secretary, the importance of obtaining legal + advice as to the statute of limitations regarding the claim in the + State in which the claim arose. + + Subtitle B--Matters Relating to the Chief Financial Officer of + Department of Veterans Affairs + +SEC. 7101. DEFINITIONS. + In this subtitle: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means the Committees on + Veterans' Affairs of the Senate and the House of Representatives + and the Committees on Appropriations of the Senate and the House of + Representatives. + (2) Subordinate chief financial officer.--The term + ``subordinate chief financial officer''-- + (A) includes-- + (i) the chief financial officer of the Veterans Health + Administration, the chief financial officer of the Office + of Community Care within the Veterans Health + Administration, and all chief financial officers of + Veterans Integrated Service Networks within the Veterans + Health Administration; + (ii) the chief financial officer of the Veterans + Benefits Administration and all chief financial officers of + organizational subdivisions representing business lines + within the Veterans Benefits Administration; + (iii) the chief financial officer of the National + Cemetery Administration; and + (iv) the chief financial officer of the Office of + Information and Technology; and + (B) does not include the Inspector General. +SEC. 7102. PLANS FOR ADDRESSING MATERIAL WEAKNESSES AND PROVIDING +SUFFICIENT AUTHORITY TO CHIEF FINANCIAL OFFICER OF DEPARTMENT OF +VETERANS AFFAIRS. + Not later than 180 days after the date of the enactment of this +Act, and annually thereafter for each of the three subsequent years, +the Secretary of Veterans Affairs, acting through the Chief Financial +Officer of the Department of Veterans Affairs, shall submit to the +appropriate congressional committees-- + (1) an action plan, including steps, related timelines, costs, + progress, status of implementation, and any updates for fully + addressing the material weaknesses of the Department discussed in + the Management's Discussion and Analysis section of the financial + statements of the Department submitted to Congress under section + 3515 of title 31, United States Code for the year preceding the + year during which the report is submitted; and + (2) a plan outlining the steps the Secretary plans to take to + address the recommendations of auditors related to entity-level + internal controls and to provide sufficient authority to the Chief + Financial Officer of the Department to carry out the requirements + of section 902 of title 31, United States Code. +SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTATION. + Concurrent with the submittal to Congress of the President's budget +request under section 1105 of title 31, United States Code, for fiscal +year 2022 and each of the next three subsequent fiscal years, the Chief +Financial Officer of the Department of Veterans affairs shall submit to +the appropriate congressional committees each of the following: + (1) A certification of the responsibility of the Chief + Financial Officer for internal financial controls of the + Department. + (2) An attestation that the Chief Financial Officer has + collaborated sufficiently with the subordinate chief financial + officers of the Department to be confident in the financial + projections included the budget request and supporting materials. +SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSIBILITY FOR SUBORDINATE CHIEF +FINANCIAL OFFICERS. + (a) In General.--In accordance with the responsibilities of the +Chief Financial Officer of the Department of Veterans Affairs for the +recruitment, selection, and training of personnel to carry out agency +financial management functions pursuant to section 902(a)(5)(C) of +title 31, United States Code, the Chief Financial Officer or the +designee of the Chief Financial Officer within the Office of Management +of the Department shall-- + (1) participate in the interview and selection panels of all + subordinate chief financial officers; and + (2) give input into the performance plans and performance + evaluations of all subordinate chief financial officers. + (b) Termination.--The requirements under subsection (a) shall +terminate on the date that is five years after the date of the +enactment of this Act. - H. R. 7105 + Subtitle C--Servicemembers Civil Relief -_______________________________________________________________________ +SEC. 7201. CLARIFICATION OF DELIVERY OF NOTICE OF TERMINATION OF LEASES +OF PREMISES AND MOTOR VEHICLES FOR PURPOSES OF RELIEF UNDER +SERVICEMEMBERS CIVIL RELIEF ACT. + (a) In General.--Section 305(c)(2) of the Servicemembers Civil +Relief Act (50 U.S.C. 3955(c)(2)) is amended-- + (1) in subparagraph (B), by striking ``or'' at the end; + (2) in subparagraph (C), by striking the period and inserting + ``; or''; and + (3) by adding at the end the following new subparagraph: + ``(D) by electronic means, including-- + ``(i) the direct delivery of material to an electronic + address designated by the lessor (or the lessor's grantee) + or the lessor's agent (or the agent's grantee); + ``(ii) the posting of material to a website or other + internet or electronic-based information repository to + which access has been granted to the lessee, the lessor (or + the lessor's grantee), or the lessor's agent (or the + agent's grantee); and + ``(iii) other electronic means reasonably calculated to + ensure actual receipt of the material by the lessor (or the + lessor's grantee) or the lessor's agent (or the agent's + grantee).''. + (b) Effective Date.--The amendments made by subsection (a) shall +apply to delivery of notice of lease terminations on or after the date +the enactment of this Act. +SEC. 7202. TECHNICAL CORRECTION REGARDING EXTENSION OF LEASE +PROTECTIONS FOR SERVICEMEMBERS UNDER STOP MOVEMENT ORDERS IN RESPONSE +TO LOCAL, NATIONAL, OR GLOBAL EMERGENCY. + (a) In General.--Section 305(b) of the Servicemembers Civil Relief +Act (50 U.S.C. 3955(b)), as amended by Public Law 116-158, is further +amended-- + (1) in paragraph (1)(C)(ii), by striking ``Secretary of + Defense'' and inserting ``Secretary concerned''; and + (2) in paragraph (2)(C)(ii), by striking ``Secretary of + Defense'' and inserting ``Secretary concerned''. + (b) Retroactive Application.--The amendments made by this section +shall apply to stop movement orders issued on or after March 1, 2020. - AN ACT + Speaker of the House of Representatives. -To provide flexibility for the Secretary of Veterans Affairs in caring - for homeless veterans during a covered public health emergency, to - direct the Secretary of Veterans Affairs to carry out a retraining - assistance program for unemployed veterans, and for other purposes. + Vice President of the United States and + President of the Senate. From 7babec5e9430e15a10526fed7b5ec08cd138f36a Mon Sep 17 00:00:00 2001 From: "Rep. McBath, Lucy [D-GA-6]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 607/984] House-7259: Introduced to House --- bills_text/House-7259.txt | 50 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 50 insertions(+) create mode 100644 bills_text/House-7259.txt diff --git a/bills_text/House-7259.txt b/bills_text/House-7259.txt new file mode 100644 index 0000000..0daab2b --- /dev/null +++ b/bills_text/House-7259.txt @@ -0,0 +1,50 @@ +116th CONGRESS + 2d Session + H. R. 7259 + + To allow acceleration certificates awarded under the Patents for + Humanity Program to be transferable. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 18, 2020 + + Mrs. McBath (for herself, Mr. Cline, Mr. Johnson of Georgia, and Mrs. + Roby) introduced the following bill; which was referred to the + Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To allow acceleration certificates awarded under the Patents for + Humanity Program to be transferable. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Patents for Humanity Program +Improvement Act''. + +SEC. 2. TRANSFERABILITY OF ACCELERATION CERTIFICATES. + + (a) In General.--A holder of an acceleration certificate issued +pursuant to the Patents for Humanity Program (established in the notice +entitled ``Humanitarian Awards Pilot Program'', published at 77 Fed. +Reg. 6544 (February 8, 2012)), or any successor thereto, of the United +States Patent and Trademark Office, may transfer (including by sale) +the entitlement to such acceleration certificate to another person. + (b) Requirement.--An acceleration certificate transferred under +subsection (a) shall be subject to any other applicable limitations +under the notice entitled ``Humanitarian Awards Pilot Program'', +published at 77 Fed. Reg. 6544 (February 8, 2012), or any successor +thereto. + \ No newline at end of file From 761433588dd558c2ab3c94998ea42510f69b95a7 Mon Sep 17 00:00:00 2001 From: "Rep. McBath, Lucy [D-GA-6]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 608/984] House-7259: Engrossed in House --- bills_text/House-7259.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/House-7259.txt b/bills_text/House-7259.txt index 0daab2b..5e907d4 100644 --- a/bills_text/House-7259.txt +++ b/bills_text/House-7259.txt @@ -2,24 +2,9 @@ 2d Session H. R. 7259 - To allow acceleration certificates awarded under the Patents for - Humanity Program to be transferable. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - June 18, 2020 - - Mrs. McBath (for herself, Mr. Cline, Mr. Johnson of Georgia, and Mrs. - Roby) introduced the following bill; which was referred to the - Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -47,4 +32,21 @@ subsection (a) shall be subject to any other applicable limitations under the notice entitled ``Humanitarian Awards Pilot Program'', published at 77 Fed. Reg. 6544 (February 8, 2012), or any successor thereto. - \ No newline at end of file + + Passed the House of Representatives June 25, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7259 + +_______________________________________________________________________ + + AN ACT + + To allow acceleration certificates awarded under the Patents for + Humanity Program to be transferable. From 117553b84d9d6a9491fdb4f0bbb3ec886b332082 Mon Sep 17 00:00:00 2001 From: "Rep. McBath, Lucy [D-GA-6]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 609/984] House-7259: Enrolled --- bills_text/House-7259.txt | 44 ++++++++++++++++----------------------- 1 file changed, 18 insertions(+), 26 deletions(-) diff --git a/bills_text/House-7259.txt b/bills_text/House-7259.txt index 5e907d4..e499b3f 100644 --- a/bills_text/House-7259.txt +++ b/bills_text/House-7259.txt @@ -1,26 +1,31 @@ -116th CONGRESS - 2d Session - H. R. 7259 + H.R.7259 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To allow acceleration certificates awarded under the Patents for + To allow acceleration certificates awarded under the Patents for Humanity Program to be transferable. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Patents for Humanity Program Improvement Act''. - SEC. 2. TRANSFERABILITY OF ACCELERATION CERTIFICATES. - (a) In General.--A holder of an acceleration certificate issued pursuant to the Patents for Humanity Program (established in the notice entitled ``Humanitarian Awards Pilot Program'', published at 77 Fed. @@ -33,20 +38,7 @@ under the notice entitled ``Humanitarian Awards Pilot Program'', published at 77 Fed. Reg. 6544 (February 8, 2012), or any successor thereto. - Passed the House of Representatives June 25, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - H. R. 7259 - -_______________________________________________________________________ - - AN ACT - - To allow acceleration certificates awarded under the Patents for - Humanity Program to be transferable. + Vice President of the United States and + President of the Senate. From 88cb4c06919cba3772ee332118086d065b24bcf9 Mon Sep 17 00:00:00 2001 From: "Rep. Dingell, Debbie [D-MI-12]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 610/984] House-7347: Introduced to House --- bills_text/House-7347.txt | 125 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 125 insertions(+) create mode 100644 bills_text/House-7347.txt diff --git a/bills_text/House-7347.txt b/bills_text/House-7347.txt new file mode 100644 index 0000000..38d93bc --- /dev/null +++ b/bills_text/House-7347.txt @@ -0,0 +1,125 @@ +116th CONGRESS + 2d Session + H. R. 7347 + + To designate the medical center of the Department of Veterans Affairs +in Ann Arbor, Michigan, as the ``Lieutenant Colonel Charles S. Kettles + Department of Veterans Affairs Medical Center''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + June 25, 2020 + + Mrs. Dingell introduced the following bill; which was referred to the + Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the medical center of the Department of Veterans Affairs +in Ann Arbor, Michigan, as the ``Lieutenant Colonel Charles S. Kettles + Department of Veterans Affairs Medical Center''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DESIGNATION OF LIEUTENANT COLONEL CHARLES S. KETTLES + DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. + + (a) Findings.--Congress finds the following: + (1) Lieutenant Colonel Charles S. Kettles was born in + Ypsilanti, Michigan, on January 9, 1930. + (2) Lieutenant Colonel Kettles was drafted to the Army at + age 21, and after attending Officer Candidate School, earned + his commission as an armor officer in the United States Army + Reserve on February 28, 1953. + (3) Lieutenant Colonel Kettles graduated from the Army + Aviation School in 1953 before serving active duty tours in + South Korea, Japan, and Thailand. + (4) Lieutenant Colonel Kettles volunteered for active duty + in 1963 when the United States was engaged in the Vietnam War. + (5) Some of the awards and decorations earned by Lieutenant + Colonel Kettles include the following: + (A) The Medal of Honor. + (B) The Distinguished Service Cross. + (C) The Legion of Merit. + (D) The Distinguished Flying Cross. + (E) The Bronze Star Medal with one oak leaf + cluster. + (F) The Air Medal with numeral 27. + (G) The Korean Service Medal. + (H) The Vietnam Service Medal with one silver + service star and one bronze service star. + (I) The Master Aviator Badge. + (6) The Medal of Honor citation for Lieutenant Colonel + Kettles states, ``Major Charles S. Kettles distinguished + himself by conspicuous gallantry and intrepidity while serving + as Flight Commander, 176th Aviation Company (Airmobile) + (Light), 14th Combat Aviation Battalion, Americal Division near + Duc Pho, Republic of Vietnam. On 15 May 1967, Major Kettles, + upon learning that an airborne infantry unit had suffered + casualties during an intense firefight with the enemy, + immediately volunteered to lead a flight of six UH-1D + helicopters to carry reinforcements to the embattled force and + to evacuate wounded personnel. Enemy small arms, automatic + weapons, and mortar fire raked the landing zone, inflicting + heavy damage to the helicopters; however, Major Kettles refused + to depart until all helicopters were loaded to capacity. He + then returned to the battlefield, with full knowledge of the + intense enemy fire awaiting his arrival, to bring more + reinforcements, landing in the midst of enemy mortar and + automatic weapons fire that seriously wounded his gunner and + severely damaged his aircraft. Upon departing, Major Kettles + was advised by another helicopter crew that he had fuel + streaming out of his aircraft. Despite the risk posed by the + leaking fuel, he nursed the damaged aircraft back to base. + Later that day, the Infantry Battalion Commander requested + immediate, emergency extraction of the remaining 40 troops, + including four members of Major Kettles' unit who were stranded + when their helicopter was destroyed by enemy fire. With only + one flyable UH-1 helicopter remaining, Major Kettles + volunteered to return to the deadly landing zone for a third + time, leading a flight of six evacuation helicopters, five of + which were from the 161st Aviation Company. During the + extraction, Major Kettles was informed by the last helicopter + that all personnel were onboard, and departed the landing zone + accordingly. Army gunships supporting the evacuation also + departed the area. Once airborne, Major Kettles was advised + that eight troops had been unable to reach the evacuation + helicopters due to the intense enemy fire. With complete + disregard for his own safety, Major Kettles passed the lead to + another helicopter and returned to the landing zone to rescue + the remaining troops. Without gunship, artillery, or tactical + aircraft support, the enemy concentrated all firepower on his + lone aircraft, which was immediately damaged by a mortar round + that shattered both front windshields and the chin bubble and + was further raked by small arms and machine gun fire. Despite + the intense enemy fire, Major Kettles maintained control of the + aircraft and situation, allowing time for the remaining eight + soldiers to board the aircraft. In spite of the severe damage + to his helicopter, Major Kettles once more skillfully guided + his heavily damaged aircraft to safety. Without his courageous + actions and superior flying skills, the last group of soldiers + and his crew would never have made it off the battlefield. + Major Kettles' selfless acts of repeated valor and + determination are in keeping with the highest traditions of + military service and reflect great credit upon himself and the + United States Army.''. + (b) Designation.--The medical center of the Department of Veterans +Affairs in Ann Arbor, Michigan, shall after the date of the enactment +of this Act be known and designated as the ``Lieutenant Colonel Charles +S. Kettles Department of Veterans Affairs Medical Center'' or the +``Lieutenant Colonel Charles S. Kettles VA Medical Center''. + (c) Reference.--Any reference in any law, regulation, map, +document, paper, or other record of the United States to the medical +center referred to in subsection (b) shall be considered to be a +reference to the Lieutenant Colonel Charles S. Kettles Department of +Veterans Affairs Medical Center. + \ No newline at end of file From 8e492579a0d6829f453eda3e788ca7e76d38b5f5 Mon Sep 17 00:00:00 2001 From: "Rep. Dingell, Debbie [D-MI-12]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 611/984] House-7347: Engrossed in House --- bills_text/House-7347.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-7347.txt b/bills_text/House-7347.txt index 38d93bc..0f0fd99 100644 --- a/bills_text/House-7347.txt +++ b/bills_text/House-7347.txt @@ -2,24 +2,9 @@ 2d Session H. R. 7347 - To designate the medical center of the Department of Veterans Affairs -in Ann Arbor, Michigan, as the ``Lieutenant Colonel Charles S. Kettles - Department of Veterans Affairs Medical Center''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - June 25, 2020 - - Mrs. Dingell introduced the following bill; which was referred to the - Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -122,4 +107,22 @@ document, paper, or other record of the United States to the medical center referred to in subsection (b) shall be considered to be a reference to the Lieutenant Colonel Charles S. Kettles Department of Veterans Affairs Medical Center. - \ No newline at end of file + + Passed the House of Representatives September 23, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7347 + +_______________________________________________________________________ + + AN ACT + + To designate the medical center of the Department of Veterans Affairs +in Ann Arbor, Michigan, as the ``Lieutenant Colonel Charles S. Kettles + Department of Veterans Affairs Medical Center''. From c33b48c4d357a0ff39281af2e79ac77c905d755e Mon Sep 17 00:00:00 2001 From: "Rep. Dingell, Debbie [D-MI-12]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 612/984] House-7347: Enrolled --- bills_text/House-7347.txt | 198 ++++++++++++++++++-------------------- 1 file changed, 93 insertions(+), 105 deletions(-) diff --git a/bills_text/House-7347.txt b/bills_text/House-7347.txt index 0f0fd99..d33b138 100644 --- a/bills_text/House-7347.txt +++ b/bills_text/House-7347.txt @@ -1,102 +1,104 @@ -116th CONGRESS - 2d Session - H. R. 7347 + H.R.7347 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the medical center of the Department of Veterans Affairs -in Ann Arbor, Michigan, as the ``Lieutenant Colonel Charles S. Kettles +To designate the medical center of the Department of Veterans Affairs in + Ann Arbor, Michigan, as the ``Lieutenant Colonel Charles S. Kettles Department of Veterans Affairs Medical Center''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DESIGNATION OF LIEUTENANT COLONEL CHARLES S. KETTLES - DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. - +DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. (a) Findings.--Congress finds the following: - (1) Lieutenant Colonel Charles S. Kettles was born in - Ypsilanti, Michigan, on January 9, 1930. - (2) Lieutenant Colonel Kettles was drafted to the Army at - age 21, and after attending Officer Candidate School, earned - his commission as an armor officer in the United States Army - Reserve on February 28, 1953. - (3) Lieutenant Colonel Kettles graduated from the Army - Aviation School in 1953 before serving active duty tours in - South Korea, Japan, and Thailand. - (4) Lieutenant Colonel Kettles volunteered for active duty - in 1963 when the United States was engaged in the Vietnam War. - (5) Some of the awards and decorations earned by Lieutenant - Colonel Kettles include the following: - (A) The Medal of Honor. - (B) The Distinguished Service Cross. - (C) The Legion of Merit. - (D) The Distinguished Flying Cross. - (E) The Bronze Star Medal with one oak leaf - cluster. - (F) The Air Medal with numeral 27. - (G) The Korean Service Medal. - (H) The Vietnam Service Medal with one silver - service star and one bronze service star. - (I) The Master Aviator Badge. - (6) The Medal of Honor citation for Lieutenant Colonel - Kettles states, ``Major Charles S. Kettles distinguished - himself by conspicuous gallantry and intrepidity while serving - as Flight Commander, 176th Aviation Company (Airmobile) - (Light), 14th Combat Aviation Battalion, Americal Division near - Duc Pho, Republic of Vietnam. On 15 May 1967, Major Kettles, - upon learning that an airborne infantry unit had suffered - casualties during an intense firefight with the enemy, - immediately volunteered to lead a flight of six UH-1D - helicopters to carry reinforcements to the embattled force and - to evacuate wounded personnel. Enemy small arms, automatic - weapons, and mortar fire raked the landing zone, inflicting - heavy damage to the helicopters; however, Major Kettles refused - to depart until all helicopters were loaded to capacity. He - then returned to the battlefield, with full knowledge of the - intense enemy fire awaiting his arrival, to bring more - reinforcements, landing in the midst of enemy mortar and - automatic weapons fire that seriously wounded his gunner and - severely damaged his aircraft. Upon departing, Major Kettles - was advised by another helicopter crew that he had fuel - streaming out of his aircraft. Despite the risk posed by the - leaking fuel, he nursed the damaged aircraft back to base. - Later that day, the Infantry Battalion Commander requested - immediate, emergency extraction of the remaining 40 troops, - including four members of Major Kettles' unit who were stranded - when their helicopter was destroyed by enemy fire. With only - one flyable UH-1 helicopter remaining, Major Kettles - volunteered to return to the deadly landing zone for a third - time, leading a flight of six evacuation helicopters, five of - which were from the 161st Aviation Company. During the - extraction, Major Kettles was informed by the last helicopter - that all personnel were onboard, and departed the landing zone - accordingly. Army gunships supporting the evacuation also - departed the area. Once airborne, Major Kettles was advised - that eight troops had been unable to reach the evacuation - helicopters due to the intense enemy fire. With complete - disregard for his own safety, Major Kettles passed the lead to - another helicopter and returned to the landing zone to rescue - the remaining troops. Without gunship, artillery, or tactical - aircraft support, the enemy concentrated all firepower on his - lone aircraft, which was immediately damaged by a mortar round - that shattered both front windshields and the chin bubble and - was further raked by small arms and machine gun fire. Despite - the intense enemy fire, Major Kettles maintained control of the - aircraft and situation, allowing time for the remaining eight - soldiers to board the aircraft. In spite of the severe damage - to his helicopter, Major Kettles once more skillfully guided - his heavily damaged aircraft to safety. Without his courageous - actions and superior flying skills, the last group of soldiers - and his crew would never have made it off the battlefield. - Major Kettles' selfless acts of repeated valor and - determination are in keeping with the highest traditions of - military service and reflect great credit upon himself and the - United States Army.''. + (1) Lieutenant Colonel Charles S. Kettles was born in + Ypsilanti, Michigan, on January 9, 1930. + (2) Lieutenant Colonel Kettles was drafted to the Army at age + 21, and after attending Officer Candidate School, earned his + commission as an armor officer in the United States Army Reserve on + February 28, 1953. + (3) Lieutenant Colonel Kettles graduated from the Army Aviation + School in 1953 before serving active duty tours in South Korea, + Japan, and Thailand. + (4) Lieutenant Colonel Kettles volunteered for active duty in + 1963 when the United States was engaged in the Vietnam War. + (5) Some of the awards and decorations earned by Lieutenant + Colonel Kettles include the following: + (A) The Medal of Honor. + (B) The Distinguished Service Cross. + (C) The Legion of Merit. + (D) The Distinguished Flying Cross. + (E) The Bronze Star Medal with one oak leaf cluster. + (F) The Air Medal with numeral 27. + (G) The Korean Service Medal. + (H) The Vietnam Service Medal with one silver service star + and one bronze service star. + (I) The Master Aviator Badge. + (6) The Medal of Honor citation for Lieutenant Colonel Kettles + states, ``Major Charles S. Kettles distinguished himself by + conspicuous gallantry and intrepidity while serving as Flight + Commander, 176th Aviation Company (Airmobile) (Light), 14th Combat + Aviation Battalion, Americal Division near Duc Pho, Republic of + Vietnam. On 15 May 1967, Major Kettles, upon learning that an + airborne infantry unit had suffered casualties during an intense + firefight with the enemy, immediately volunteered to lead a flight + of six UH-1D helicopters to carry reinforcements to the embattled + force and to evacuate wounded personnel. Enemy small arms, + automatic weapons, and mortar fire raked the landing zone, + inflicting heavy damage to the helicopters; however, Major Kettles + refused to depart until all helicopters were loaded to capacity. He + then returned to the battlefield, with full knowledge of the + intense enemy fire awaiting his arrival, to bring more + reinforcements, landing in the midst of enemy mortar and automatic + weapons fire that seriously wounded his gunner and severely damaged + his aircraft. Upon departing, Major Kettles was advised by another + helicopter crew that he had fuel streaming out of his aircraft. + Despite the risk posed by the leaking fuel, he nursed the damaged + aircraft back to base. Later that day, the Infantry Battalion + Commander requested immediate, emergency extraction of the + remaining 40 troops, including four members of Major Kettles' unit + who were stranded when their helicopter was destroyed by enemy + fire. With only one flyable UH-1 helicopter remaining, Major + Kettles volunteered to return to the deadly landing zone for a + third time, leading a flight of six evacuation helicopters, five of + which were from the 161st Aviation Company. During the extraction, + Major Kettles was informed by the last helicopter that all + personnel were onboard, and departed the landing zone accordingly. + Army gunships supporting the evacuation also departed the area. + Once airborne, Major Kettles was advised that eight troops had been + unable to reach the evacuation helicopters due to the intense enemy + fire. With complete disregard for his own safety, Major Kettles + passed the lead to another helicopter and returned to the landing + zone to rescue the remaining troops. Without gunship, artillery, or + tactical aircraft support, the enemy concentrated all firepower on + his lone aircraft, which was immediately damaged by a mortar round + that shattered both front windshields and the chin bubble and was + further raked by small arms and machine gun fire. Despite the + intense enemy fire, Major Kettles maintained control of the + aircraft and situation, allowing time for the remaining eight + soldiers to board the aircraft. In spite of the severe damage to + his helicopter, Major Kettles once more skillfully guided his + heavily damaged aircraft to safety. Without his courageous actions + and superior flying skills, the last group of soldiers and his crew + would never have made it off the battlefield. Major Kettles' + selfless acts of repeated valor and determination are in keeping + with the highest traditions of military service and reflect great + credit upon himself and the United States Army.''. (b) Designation.--The medical center of the Department of Veterans Affairs in Ann Arbor, Michigan, shall after the date of the enactment of this Act be known and designated as the ``Lieutenant Colonel Charles @@ -108,21 +110,7 @@ center referred to in subsection (b) shall be considered to be a reference to the Lieutenant Colonel Charles S. Kettles Department of Veterans Affairs Medical Center. - Passed the House of Representatives September 23, 2020. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 7347 - -_______________________________________________________________________ - - AN ACT - - To designate the medical center of the Department of Veterans Affairs -in Ann Arbor, Michigan, as the ``Lieutenant Colonel Charles S. Kettles - Department of Veterans Affairs Medical Center''. + Vice President of the United States and + President of the Senate. From 36eedc46c43f32ee47e3e57db78b1857bd491260 Mon Sep 17 00:00:00 2001 From: "Rep. Sherman, Brad [D-CA-30]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 613/984] House-7440: Introduced to House --- bills_text/House-7440.txt | 920 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 920 insertions(+) create mode 100644 bills_text/House-7440.txt diff --git a/bills_text/House-7440.txt b/bills_text/House-7440.txt new file mode 100644 index 0000000..2dcc021 --- /dev/null +++ b/bills_text/House-7440.txt @@ -0,0 +1,920 @@ +116th CONGRESS + 2d Session + H. R. 7440 + + To impose sanctions with respect to foreign persons involved in the +erosion of certain obligations of China with respect to Hong Kong, and + for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 1, 2020 + + Mr. Sherman (for himself, Mr. Yoho, Mrs. Carolyn B. Maloney of New + York, Mr. Curtis, Mr. Connolly, Mr. Barr, Mr. Suozzi, Mr. + Reschenthaler, Ms. Spanberger, Mr. Fitzpatrick, Mr. Guest, and Mr. + Perry) introduced the following bill; which was referred to the +Committee on Foreign Affairs, and in addition to the Committees on the +Judiciary, Financial Services, Ways and Means, and Rules, for a period + to be subsequently determined by the Speaker, in each case for +consideration of such provisions as fall within the jurisdiction of the + committee concerned + +_______________________________________________________________________ + + A BILL + + + + To impose sanctions with respect to foreign persons involved in the +erosion of certain obligations of China with respect to Hong Kong, and + for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Hong Kong Autonomy +Act''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Definitions. +Sec. 3. Findings. +Sec. 4. Sense of Congress regarding Hong Kong. +Sec. 5. Identification of foreign persons involved in the erosion of + the obligations of China under the Joint + Declaration or the Basic Law and foreign + financial institutions that conduct + significant transactions with those + persons. +Sec. 6. Sanctions with respect to foreign persons that contravene the + obligations of China under the Joint + Declaration or the Basic Law. +Sec. 7. Sanctions with respect to foreign financial institutions that + conduct significant transactions with + foreign persons that contravene the + obligations of China under the Joint + Declaration or the Basic Law. +Sec. 8. Waiver, termination, exceptions, and congressional review + process. +Sec. 9. Implementation; penalties. +Sec. 10. Rule of construction. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Alien; national; national of the united states.--The + terms ``alien'', ``national'', and ``national of the United + States'' have the meanings given those terms in section 101 of + the Immigration and Nationality Act (8 U.S.C. 1101). + (2) Appropriate congressional committees and leadership.-- + The term ``appropriate congressional committees and + leadership'' means-- + (A) the Committee on Armed Services, the Committee + on Banking, Housing, and Urban Affairs, the Committee + on Foreign Relations, the Committee on Homeland + Security and Governmental Affairs, the Committee on the + Judiciary, the Select Committee on Intelligence, and + the majority leader and the minority leader of the + Senate; and + (B) the Committee on Armed Services, the Committee + on Financial Services, the Committee on Foreign + Affairs, the Committee on Homeland Security, the + Committee on the Judiciary, the Permanent Select + Committee on Intelligence, and the Speaker and the + minority leader of the House of Representatives. + (3) Basic law.--The term ``Basic Law'' means the Basic Law + of the Hong Kong Special Administrative Region of the People's + Republic of China. + (4) China.--The term ``China'' means the People's Republic + of China. + (5) Entity.--The term ``entity'' means a partnership, joint + venture, association, corporation, organization, network, + group, or subgroup, or any other form of business + collaboration. + (6) Financial institution.--The term ``financial + institution'' means a financial institution specified in + section 5312(a)(2) of title 31, United States Code. + (7) Hong kong.--The term ``Hong Kong'' means the Hong Kong + Special Administrative Region of the People's Republic of + China. + (8) Joint declaration.--The term ``Joint Declaration'' + means the Joint Declaration of the Government of the United + Kingdom of Great Britain and Northern Ireland and the + Government of the People's Republic of China on the Question of + Hong Kong, done at Beijing on December 19, 1984. + (9) Knowingly.--The term ``knowingly'', with respect to + conduct, a circumstance, or a result, means that a person has + actual knowledge of the conduct, the circumstance, or the + result. + (10) Person.--The term ``person'' means an individual or + entity. + (11) United states person.--The term ``United States + person'' means-- + (A) any citizen or national of the United States; + (B) any alien lawfully admitted for permanent + residence in the United States; + (C) any entity organized under the laws of the + United States or any jurisdiction within the United + States (including a foreign branch of such an entity); + or + (D) any person located in the United States. + +SEC. 3. FINDINGS. + + Congress makes the following findings: + (1) The Joint Declaration and the Basic Law clarify certain + obligations and promises that the Government of China has made + with respect to the future of Hong Kong. + (2) The obligations of the Government of China under the + Joint Declaration were codified in a legally-binding treaty, + signed by the Government of the United Kingdom of Great Britain + and Northern Ireland and registered with the United Nations. + (3) The obligations of the Government of China under the + Basic Law originate from the Joint Declaration, were passed + into the domestic law of China by the National People's + Congress, and are widely considered by citizens of Hong Kong as + part of the de facto legal constitution of Hong Kong. + (4) Foremost among the obligations of the Government of + China to Hong Kong is the promise that, pursuant to Paragraph + 3b of the Joint Declaration, ``the Hong Kong Special + Administrative Region will enjoy a high degree of autonomy, + except in foreign and defence affairs which are the + responsibilities of the Central People's Government''. + (5) The obligation specified in Paragraph 3b of the Joint + Declaration is referenced, reinforced, and extrapolated on in + several portions of the Basic Law, including Articles 2, 12, + 13, 14, and 22. + (6) Article 22 of the Basic Law establishes that ``No + department of the Central People's Government and no province, + autonomous region, or municipality directly under the Central + Government may interfere in the affairs which the Hong Kong + Special Administrative Region administers on its own in + accordance with this Law.''. + (7) The Joint Declaration and the Basic Law make clear that + additional obligations shall be undertaken by China to ensure + the ``high degree of autonomy'' of Hong Kong. + (8) Paragraph 3c of the Joint Declaration states, as + reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic + Law, that Hong Kong ``will be vested with executive, + legislative and independent judicial power, including that of + final adjudication''. + (9) On multiple occasions, the Government of China has + undertaken actions that have contravened the letter or intent + of the obligation described in paragraph (8) of this section, + including the following: + (A) In 1999, the Standing Committee of the National + People's Congress overruled a decision by the Hong Kong + Court of Final Appeal on the right of abode. + (B) On multiple occasions, the Government of Hong + Kong, at the advice of the Government of China, is + suspected to have not allowed persons entry into Hong + Kong allegedly because of their support for democracy + and human rights in Hong Kong and China. + (C) The Liaison Office of China in Hong Kong has, + despite restrictions on interference in the affairs of + Hong Kong as detailed in Article 22 of the Basic Law-- + (i) openly expressed support for candidates + in Hong Kong for Chief Executive and + Legislative Council; + (ii) expressed views on various policies + for the Government of Hong Kong and other + internal matters relating to Hong Kong; and + (iii) on April 17, 2020, asserted that both + the Liaison Office of China in Hong Kong and + the Hong Kong and Macau Affairs Office of the + State Council ``have the right to exercise + supervision . . . on affairs regarding Hong + Kong and the mainland, in order to ensure + correct implementation of the Basic Law''. + (D) The National People's Congress has passed laws + requiring Hong Kong to pass laws banning disrespectful + treatment of the national flag and national anthem of + China. + (E) The State Council of China released a white + paper on June 10, 2014, that stressed the + ``comprehensive jurisdiction'' of the Government of + China over Hong Kong and indicated that Hong Kong must + be governed by ``patriots''. + (F) The Government of China has directed operatives + to kidnap and bring to the mainland, or is otherwise + responsible for the kidnapping of, residents of Hong + Kong, including businessman Xiao Jianhua and bookseller + Gui Minhai. + (G) The Government of Hong Kong, acting with the + support of the Government of China, introduced an + extradition bill that would have permitted the + Government of China to request and enforce extradition + requests for any individual present in Hong Kong, + regardless of the legality of the request or the degree + to which it compromised the judicial independence of + Hong Kong. + (H) The spokesman for the Standing Committee of the + National People's Congress said, ``Whether Hong Kong's + laws are consistent with the Basic Law can only be + judged and decided by the National People's Congress + Standing Committee. No other authority has the right to + make judgments and decisions.''. + (10) Paragraph 3e of the Joint Declaration states, as + reinforced by Article 5 of the Basic Law, that the ``current + social and economic systems in Hong Kong will remain unchanged, + as so will the life-style.''. + (11) On multiple occasions, the Government of China has + undertaken actions that have contravened the letter or intent + of the obligation described in paragraph (10) of this section, + including the following: + (A) In 2002, the Government of China pressured the + Government of Hong Kong to introduce ``patriotic'' + curriculum in primary and secondary schools. + (B) The governments of China and Hong Kong proposed + the prohibition of discussion of Hong Kong independence + and self-determination in primary and secondary + schools, which infringes on freedom of speech. + (C) The Government of Hong Kong mandated that + Mandarin, and not the native language of Cantonese, be + the language of instruction in Hong Kong schools. + (D) The governments of China and Hong Kong agreed + to a daily quota of mainland immigrants to Hong Kong, + which is widely believed by citizens of Hong Kong to be + part of an effort to ``mainlandize'' Hong Kong. + (12) Paragraph 3e of the Joint Declaration states, as + reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34, + and 39 of the Basic Law, that the ``rights and freedoms, + including those of person, of speech, of the press, of + assembly, of association, of travel, of movement, of + correspondence, of strike, of choice of occupation, of academic + research and of religious belief will be ensured by law'' in + Hong Kong. + (13) On multiple occasions, the Government of China has + undertaken actions that have contravened the letter or intent + of the obligation described in paragraph (12) of this section, + including the following: + (A) On February 26, 2003, the Government of Hong + Kong introduced a national security bill that would + have placed restrictions on freedom of speech and other + protected rights. + (B) The Liaison Office of China in Hong Kong has + pressured businesses in Hong Kong not to advertise in + newspapers and magazines critical of the governments of + China and Hong Kong. + (C) The Hong Kong Police Force selectively blocked + demonstrations and protests expressing opposition to + the governments of China and Hong Kong or the policies + of those governments. + (D) The Government of Hong Kong refused to renew + work visa for a foreign journalist, allegedly for + hosting a speaker from the banned Hong Kong National + Party. + (E) The Justice Department of Hong Kong selectively + prosecuted cases against leaders of the Umbrella + Movement, while failing to prosecute police officers + accused of using excessive force during the protests in + 2014. + (F) On April 18, 2020, the Hong Kong Police Force + arrested 14 high-profile democracy activists and + campaigners for their role in organizing a protest + march that took place on August 18, 2019, in which + almost 2,000,000 people rallied against a proposed + extradition bill. + (14) Articles 45 and 68 of the Basic Law assert that the + selection of Chief Executive and all members of the Legislative + Council of Hong Kong should be by ``universal suffrage.''. + (15) On multiple occasions, the Government of China has + undertaken actions that have contravened the letter or intent + of the obligation described in paragraph (14) of this section, + including the following: + (A) In 2004, the National People's Congress created + new, antidemocratic procedures restricting the adoption + of universal suffrage for the election of the Chief + Executive of Hong Kong. + (B) The decision by the National People's Congress + on December 29, 2007, which ruled out universal + suffrage in 2012 elections and set restrictions on when + and if universal suffrage will be implemented. + (C) The decision by the National People's Congress + on August 31, 2014, which placed limits on the + nomination process for the Chief Executive of Hong Kong + as a condition for adoption of universal suffrage. + (D) On November 7, 2016, the National People's + Congress interpreted Article 104 of the Basic Law in + such a way to disqualify 6 elected members of the + Legislative Council. + (E) In 2018, the Government of Hong Kong banned the + Hong Kong National Party and blocked the candidacy of + pro-democracy candidates. + (16) The ways in which the Government of China, at times + with the support of a subservient Government of Hong Kong, has + acted in contravention of its obligations under the Joint + Declaration and the Basic Law, as set forth in this section, + are deeply concerning to the people of Hong Kong, the United + States, and members of the international community who support + the autonomy of Hong Kong. + +SEC. 4. SENSE OF CONGRESS REGARDING HONG KONG. + + It is the sense of Congress that-- + (1) the United States continues to uphold the principles + and policy established in the United States-Hong Kong Policy + Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human + Rights and Democracy Act of 2019 (Public Law 116-76; 22 U.S.C. + 5701 note), which remain consistent with China's obligations + under the Joint Declaration and certain promulgated objectives + under the Basic Law, including that-- + (A) as set forth in section 101(1) of the United + States-Hong Kong Policy Act of 1992 (22 U.S.C. + 5711(1)), ``The United States should play an active + role, before, on, and after July 1, 1997, in + maintaining Hong Kong's confidence and prosperity, Hong + Kong's role as an international financial center, and + the mutually beneficial ties between the people of the + United States and the people of Hong Kong.''; and + (B) as set forth in section 2(5) of the United + States-Hong Kong Policy Act of 1992 (22 U.S.C. + 5701(5)), ``Support for democratization is a + fundamental principle of United States foreign policy. + As such, it naturally applies to United States policy + toward Hong Kong. This will remain equally true after + June 30, 1997.''; + (2) although the United States recognizes that, under the + Joint Declaration, the Government of China ``resumed the + exercise of sovereignty over Hong Kong with effect on 1 July + 1997'', the United States supports the autonomy of Hong Kong in + furtherance of the United States-Hong Kong Policy Act of 1992 + and the Hong Kong Human Rights and Democracy Act of 2019 and + advances the desire of the people of Hong Kong to continue the + ``one country, two systems'' regime, in addition to other + obligations promulgated by China under the Joint Declaration + and the Basic Law; + (3) in order to support the benefits and protections that + Hong Kong has been afforded by the Government of China under + the Joint Declaration and the Basic Law, the United States + should establish a clear and unambiguous set of penalties with + respect to foreign persons determined by the Secretary of + State, in consultation with the Secretary of the Treasury, to + be involved in the contravention of the obligations of China + under the Joint Declaration and the Basic Law and the financial + institutions transacting with those foreign persons; + (4) the Secretary of State should provide an unclassified + assessment of the reason for imposition of certain economic + penalties on entities, so as to permit a clear path for the + removal of economic penalties if the sanctioned behavior is + reversed and verified by the Secretary of State; + (5) relevant Federal agencies should establish a + multilateral sanctions regime with respect to foreign persons + involved in the contravention of the obligations of China under + the Joint Declaration and the Basic Law; and + (6) in addition to the penalties on foreign persons, and + financial institutions transacting with those foreign persons, + for the contravention of the obligations of China under the + Joint Declaration and the Basic Law, the United States should + take steps, in a time of crisis, to assist permanent residents + of Hong Kong who are persecuted or fear persecution as a result + of the contravention by China of its obligations under the + Joint Declaration and the Basic Law to become eligible to + obtain lawful entry into the United States. + +SEC. 5. IDENTIFICATION OF FOREIGN PERSONS INVOLVED IN THE EROSION OF + THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR + THE BASIC LAW AND FOREIGN FINANCIAL INSTITUTIONS THAT + CONDUCT SIGNIFICANT TRANSACTIONS WITH THOSE PERSONS. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, if the Secretary of State, in consultation with +the Secretary of the Treasury, determines that a foreign person is +materially contributing to, has materially contributed to, or attempts +to materially contribute to the failure of the Government of China to +meet its obligations under the Joint Declaration or the Basic Law, the +Secretary of State shall submit to the appropriate congressional +committees and leadership a report that includes-- + (1) an identification of the foreign person; and + (2) a clear explanation for why the foreign person was + identified and a description of the activity that resulted in + the identification. + (b) Identifying Foreign Financial Institutions.--Not earlier than +30 days and not later than 60 days after the Secretary of State submits +to the appropriate congressional committees and leadership the report +under subsection (a), the Secretary of the Treasury, in consultation +with the Secretary of State, shall submit to the appropriate +congressional committees and leadership a report that identifies any +foreign financial institution that knowingly conducts a significant +transaction with a foreign person identified in the report under +subsection (a). + (c) Exclusion of Certain Information.-- + (1) Intelligence.--The Secretary of State shall not + disclose the identity of a person in a report submitted under + subsection (a) or (b), or an update under subsection (e), if + the Director of National Intelligence determines that such + disclosure could compromise an intelligence operation, + activity, source, or method of the United States. + (2) Law enforcement.--The Secretary of State shall not + disclose the identity of a person in a report submitted under + subsection (a) or (b), or an update under subsection (e), if + the Attorney General, in coordination, as appropriate, with the + Director of the Federal Bureau of Investigation, the head of + any other appropriate Federal law enforcement agency, and the + Secretary of the Treasury, determines that such disclosure + could reasonably be expected-- + (A) to compromise the identity of a confidential + source, including a State, local, or foreign agency or + authority or any private institution that furnished + information on a confidential basis; + (B) to jeopardize the integrity or success of an + ongoing criminal investigation or prosecution; + (C) to endanger the life or physical safety of any + person; or + (D) to cause substantial harm to physical property. + (3) Notification required.--If the Director of National + Intelligence makes a determination under paragraph (1) or the + Attorney General makes a determination under paragraph (2), the + Director or the Attorney General, as the case may be, shall + notify the appropriate congressional committees and leadership + of the determination and the reasons for the determination. + (d) Exclusion or Removal of Foreign Persons and Foreign Financial +Institutions.-- + (1) Foreign persons.--The President may exclude a foreign + person from the report under subsection (a), or an update under + subsection (e), or remove a foreign person from the report or + update prior to the imposition of sanctions under section 6(a) + if the material contribution (as described in subsection (g)) + that merited inclusion in that report or update-- + (A) does not have a significant and lasting + negative effect that contravenes the obligations of + China under the Joint Declaration and the Basic Law; + (B) is not likely to be repeated in the future; and + (C) has been reversed or otherwise mitigated + through positive countermeasures taken by that foreign + person. + (2) Foreign financial institutions.--The President may + exclude a foreign financial institution from the report under + subsection (b), or an update under subsection (e), or remove a + foreign financial institution from the report or update prior + to the imposition of sanctions under section 7(a) if the + significant transaction or significant transactions of the + foreign financial institution that merited inclusion in that + report or update-- + (A) does not have a significant and lasting + negative effect that contravenes the obligations of + China under the Joint Declaration and the Basic Law; + (B) is not likely to be repeated in the future; and + (C) has been reversed or otherwise mitigated + through positive countermeasures taken by that foreign + financial institution. + (3) Notification required.--If the President makes a + determination under paragraph (1) or (2) to exclude or remove a + foreign person or foreign financial institution from a report + under subsection (a) or (b), as the case may be, the President + shall notify the appropriate congressional committees and + leadership of the determination and the reasons for the + determination. + (e) Update of Reports.-- + (1) In general.--Each report submitted under subsections + (a) and (b) shall be updated in an ongoing manner and, to the + extent practicable, updated reports shall be resubmitted with + the annual report under section 301 of the United States-Hong + Kong Policy Act of 1992 (22 U.S.C. 5731). + (2) Rule of construction.--Nothing in this subsection shall + be construed to terminate the requirement to update the reports + under subsections (a) and (b) upon the termination of the + requirement to submit the annual report under section 301 of + the United States-Hong Kong Policy Act of 1992 (22 U.S.C. + 5731). + (f) Form of Reports.-- + (1) In general.--Each report under subsection (a) or (b) + (including updates under subsection (e)) shall be submitted in + unclassified form and made available to the public. + (2) Classified annex.--The explanations and descriptions + included in the report under subsection (a)(2) (including + updates under subsection (e)) may be expanded on in a + classified annex. + (g) Material Contributions Related to Obligations of China +Described.--For purposes of this section, a foreign person materially +contributes to the failure of the Government of China to meet its +obligations under the Joint Declaration or the Basic Law if the +person-- + (1) took action that resulted in the inability of the + people of Hong Kong-- + (A) to enjoy freedom of assembly, speech, press, or + independent rule of law; or + (B) to participate in democratic outcomes; or + (2) otherwise took action that reduces the high degree of + autonomy of Hong Kong. + +SEC. 6. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT CONTRAVENE THE + OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE + BASIC LAW. + + (a) Imposition of Sanctions.-- + (1) In general.--On and after the date on which a foreign + person is included in the report under section 5(a) or an + update to that report under section 5(e), the President may + impose sanctions described in subsection (b) with respect to + that foreign person. + (2) Mandatory sanctions.--Not later than one year after the + date on which a foreign person is included in the report under + section 5(a) or an update to that report under section 5(e), + the President shall impose sanctions described in subsection + (b) with respect to that foreign person. + (b) Sanctions Described.--The sanctions described in this +subsection with respect to a foreign person are the following: + (1) Property transactions.--The President may, pursuant to + such regulations as the President may prescribe, prohibit any + person from-- + (A) acquiring, holding, withholding, using, + transferring, withdrawing, transporting, or exporting + any property that is subject to the jurisdiction of the + United States and with respect to which the foreign + person has any interest; + (B) dealing in or exercising any right, power, or + privilege with respect to such property; or + (C) conducting any transaction involving such + property. + (2) Exclusion from the united states and revocation of visa + or other documentation.--In the case of a foreign person who is + an individual, the President may direct the Secretary of State + to deny a visa to, and the Secretary of Homeland Security to + exclude from the United States, the foreign person, subject to + regulatory exceptions to permit the United States to comply + with the Agreement regarding the Headquarters of the United + Nations, signed at Lake Success June 26, 1947, and entered into + force November 21, 1947, between the United Nations and the + United States, or other applicable international obligations. + +SEC. 7. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS THAT + CONDUCT SIGNIFICANT TRANSACTIONS WITH FOREIGN PERSONS + THAT CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE JOINT + DECLARATION OR THE BASIC LAW. + + (a) Imposition of Sanctions.-- + (1) Initial sanctions.--Not later than one year after the + date on which a foreign financial institution is included in + the report under section 5(b) or an update to that report under + section 5(e), the President shall impose not fewer than 5 of + the sanctions described in subsection (b) with respect to that + foreign financial institution. + (2) Expanded sanctions.--Not later than two years after the + date on which a foreign financial institution is included in + the report under section 5(b) or an update to that report under + section 5(e), the President shall impose each of the sanctions + described in subsection (b). + (b) Sanctions Described.--The sanctions described in this +subsection with respect to a foreign financial institution are the +following: + (1) Loans from united states financial institutions.--The + United States Government may prohibit any United States + financial institution from making loans or providing credits to + the foreign financial institution. + (2) Prohibition on designation as primary dealer.--Neither + the Board of Governors of the Federal Reserve System nor the + Federal Reserve Bank of New York may designate, or permit the + continuation of any prior designation of, the foreign financial + institution as a primary dealer in United States Government + debt instruments. + (3) Prohibition on service as a repository of government + funds.--The foreign financial institution may not serve as + agent of the United States Government or serve as repository + for United States Government funds. + (4) Foreign exchange.--The President may, pursuant to such + regulations as the President may prescribe, prohibit any + transactions in foreign exchange that are subject to the + jurisdiction of the United States and involve the foreign + financial institution. + (5) Banking transactions.--The President may, pursuant to + such regulations as the President may prescribe, prohibit any + transfers of credit or payments between financial institutions + or by, through, or to any financial institution, to the extent + that such transfers or payments are subject to the jurisdiction + of the United States and involve the foreign financial + institution. + (6) Property transactions.--The President may, pursuant to + such regulations as the President may prescribe, prohibit any + person from-- + (A) acquiring, holding, withholding, using, + transferring, withdrawing, transporting, importing, or + exporting any property that is subject to the + jurisdiction of the United States and with respect to + which the foreign financial institution has any + interest; + (B) dealing in or exercising any right, power, or + privilege with respect to such property; or + (C) conducting any transaction involving such + property. + (7) Restriction on exports, reexports, and transfers.--The + President, in consultation with the Secretary of Commerce, may + restrict or prohibit exports, reexports, and transfers (in- + country) of commodities, software, and technology subject to + the jurisdiction of the United States directly or indirectly to + the foreign financial institution. + (8) Ban on investment in equity or debt.--The President + may, pursuant to such regulations or guidelines as the + President may prescribe, prohibit any United States person from + investing in or purchasing significant amounts of equity or + debt instruments of the foreign financial institution. + (9) Exclusion of corporate officers.--The President may + direct the Secretary of State, in consultation with the + Secretary of the Treasury and the Secretary of Homeland + Security, to exclude from the United States any alien that is + determined to be a corporate officer or principal of, or a + shareholder with a controlling interest in, the foreign + financial institution, subject to regulatory exceptions to + permit the United States to comply with the Agreement regarding + the Headquarters of the United Nations, signed at Lake Success + June 26, 1947, and entered into force November 21, 1947, + between the United Nations and the United States, or other + applicable international obligations. + (10) Sanctions on principal executive officers.--The + President may impose on the principal executive officer or + officers of the foreign financial institution, or on + individuals performing similar functions and with similar + authorities as such officer or officers, any of the sanctions + described in paragraphs (1) through (8) that are applicable. + (c) Timing of Sanctions.--The President may impose sanctions +required under subsection (a) with respect to a financial institution +included in the report under section 5(b) or an update to that report +under section 5(e) beginning on the day on which the financial +institution is included in that report or update. + +SEC. 8. WAIVER, TERMINATION, EXCEPTIONS, AND CONGRESSIONAL REVIEW + PROCESS. + + (a) National Security Waiver.--Unless a disapproval resolution is +enacted under subsection (e), the President may waive the application +of sanctions under section 6 or 7 with respect to a foreign person or +foreign financial institution if the President-- + (1) determines that the waiver is in the national security + interest of the United States; and + (2) submits to the appropriate congressional committees and + leadership a report on the determination and the reasons for + the determination. + (b) Termination of Sanctions and Removal From Report.--Unless a +disapproval resolution is enacted under subsection (e), the President +may terminate the application of sanctions under section 6 or 7 with +respect to a foreign person or foreign financial institution and remove +the foreign person from the report required under section 5(a) or the +foreign financial institution from the report required under section +5(b), as the case may be, if the Secretary of State, in consultation +with the Secretary of the Treasury, determines that the actions taken +by the foreign person or foreign financial institution that led to the +imposition of sanctions-- + (1) do not have a significant and lasting negative effect + that contravenes the obligations of China under the Joint + Declaration and the Basic Law; + (2) are not likely to be repeated in the future; and + (3) have been reversed or otherwise mitigated through + positive countermeasures taken by that foreign person or + foreign financial institution. + (c) Termination of Act.-- + (1) Report.-- + (A) In general.--Not later than July 1, 2046, the + President, in consultation with the Secretary of State, + the Secretary of the Treasury, and the heads of such + other Federal agencies as the President considers + appropriate, shall submit to Congress a report + evaluating the implementation of this Act and sanctions + imposed pursuant to this Act. + (B) Elements.--The President shall include in the + report submitted under subparagraph (A) an assessment + of whether this Act and the sanctions imposed pursuant + to this Act should be terminated. + (2) Termination.--This Act and the sanctions imposed + pursuant to this Act shall remain in effect unless a + termination resolution is enacted under subsection (e) after + July 1, 2047. + (d) Exception Relating to Importation of Goods.-- + (1) In general.--The authorities and requirements to impose + sanctions under sections 6 and 7 shall not include the + authority or requirement to impose sanctions on the importation + of goods. + (2) Good defined.--In this subsection, the term ``good'' + means any article, natural or manmade substance, material, + supply, or manufactured product, including inspection and test + equipment, and excluding technical data. + (e) Congressional Review.-- + (1) Resolutions.-- + (A) Disapproval resolution.--In this section, the + term ``disapproval resolution'' means only a joint + resolution of either House of Congress-- + (i) the title of which is as follows: ``A + joint resolution disapproving the waiver or + termination of sanctions with respect to a + foreign person that contravenes the obligations + of China with respect to Hong Kong or a foreign + financial institution that conducts a + significant transaction with that person.''; + and + (ii) the sole matter after the resolving + clause of which is the following: ``Congress + disapproves of the action under section 8 of + the Hong Kong Autonomy Act relating to the + application of sanctions imposed with respect + to a foreign person that contravenes the + obligations of China with respect to Hong Kong, + or a foreign financial institution that + conducts a significant transaction with that + person, on _______ relating to ________.'', + with the first blank space being filled with + the appropriate date and the second blank space + being filled with a short description of the + proposed action. + (B) Termination resolution.--In this section, the + term ``termination resolution'' means only a joint + resolution of either House of Congress-- + (i) the title of which is as follows: ``A + joint resolution terminating sanctions with + respect to foreign persons that contravene the + obligations of China with respect to Hong Kong + and foreign financial institutions that conduct + significant transactions with those persons.''; + and + (ii) the sole matter after the resolving + clause of which is the following: ``The Hong + Kong Autonomy Act and any sanctions imposed + pursuant to that Act shall terminate on + ____.'', with the blank space being filled with + the termination date. + (C) Covered resolution.--In this subsection, the + term ``covered resolution'' means a disapproval + resolution or a termination resolution. + (2) Introduction.--A covered resolution may be introduced-- + (A) in the House of Representatives, by the + majority leader or the minority leader; and + (B) in the Senate, by the majority leader (or the + majority leader's designee) or the minority leader (or + the minority leader's designee). + (3) Floor consideration in house of representatives.--If a + committee of the House of Representatives to which a covered + resolution has been referred has not reported the resolution + within 10 legislative days after the date of referral, that + committee shall be discharged from further consideration of the + resolution. + (4) Consideration in the senate.-- + (A) Committee referral.-- + (i) Disapproval resolution.--A disapproval + resolution introduced in the Senate shall be-- + (I) referred to the Committee on + Banking, Housing, and Urban Affairs if + the resolution relates to an action + that is not intended to significantly + alter United States foreign policy with + regard to China; and + (II) referred to the Committee on + Foreign Relations if the resolution + relates to an action that is intended + to significantly alter United States + foreign policy with regard to China. + (ii) Termination resolution.--A termination + resolution introduced in the Senate shall be + referred to the Committee on Banking, Housing, + and Urban Affairs and the Committee on Foreign + Relations. + (B) Reporting and discharge.--If a committee to + which a covered resolution was referred has not + reported the resolution within 10 calendar days after + the date of referral of the resolution, that committee + shall be discharged from further consideration of the + resolution and the resolution shall be placed on the + appropriate calendar. + (C) Proceeding to consideration.--Notwithstanding + Rule XXII of the Standing Rules of the Senate, it is in + order at any time after the Committee on Banking, + Housing, and Urban Affairs or the Committee on Foreign + Relations, as the case may be, reports a covered + resolution to the Senate or has been discharged from + consideration of such a resolution (even though a + previous motion to the same effect has been disagreed + to) to move to proceed to the consideration of the + resolution, and all points of order against the + resolution (and against consideration of the + resolution) are waived. The motion to proceed is not + debatable. The motion is not subject to a motion to + postpone. A motion to reconsider the vote by which the + motion is agreed to or disagreed to shall not be in + order. + (D) Rulings of the chair on procedure.--Appeals + from the decisions of the Chair relating to the + application of the rules of the Senate, as the case may + be, to the procedure relating to a covered resolution + shall be decided without debate. + (E) Consideration of veto messages.--Debate in the + Senate of any veto message with respect to a covered + resolution, including all debatable motions and appeals + in connection with the resolution, shall be limited to + 10 hours, to be equally divided between, and controlled + by, the majority leader and the minority leader or + their designees. + (5) Rules relating to senate and house of + representatives.-- + (A) Treatment of senate resolution in house.--In + the House of Representatives, the following procedures + shall apply to a covered resolution received from the + Senate (unless the House has already passed a + resolution relating to the same proposed action): + (i) The resolution shall be referred to the + appropriate committees. + (ii) If a committee to which a resolution + has been referred has not reported the + resolution within 10 legislative days after the + date of referral, that committee shall be + discharged from further consideration of the + resolution. + (iii) Beginning on the third legislative + day after each committee to which a resolution + has been referred reports the resolution to the + House or has been discharged from further + consideration thereof, it shall be in order to + move to proceed to consider the resolution in + the House. All points of order against the + motion are waived. Such a motion shall not be + in order after the House has disposed of a + motion to proceed on the resolution. The + previous question shall be considered as + ordered on the motion to its adoption without + intervening motion. The motion shall not be + debatable. A motion to reconsider the vote by + which the motion is disposed of shall not be in + order. + (iv) The resolution shall be considered as + read. All points of order against the + resolution and against its consideration are + waived. The previous question shall be + considered as ordered on the resolution to + final passage without intervening motion except + 2 hours of debate equally divided and + controlled by the offeror of the motion to + proceed (or a designee) and an opponent. A + motion to reconsider the vote on passage of the + resolution shall not be in order. + (B) Treatment of house resolution in senate.-- + (i) Received before passage of senate + resolution.--If, before the passage by the + Senate of a covered resolution, the Senate + receives an identical resolution from the House + of Representatives, the following procedures + shall apply: + (I) That resolution shall not be + referred to a committee. + (II) With respect to that + resolution-- + (aa) the procedure in the + Senate shall be the same as if + no resolution had been received + from the House of + Representatives; but + (bb) the vote on passage + shall be on the resolution from + the House of Representatives. + (ii) Received after passage of senate + resolution.--If, following passage of a covered + resolution in the Senate, the Senate receives + an identical resolution from the House of + Representatives, that resolution shall be + placed on the appropriate Senate calendar. + (iii) No senate companion.--If a covered + resolution is received from the House of + Representatives, and no companion resolution + has been introduced in the Senate, the Senate + procedures under this subsection shall apply to + the resolution from the House of + Representatives. + (C) Application to revenue measures.--The + provisions of this paragraph shall not apply in the + House of Representatives to a covered resolution that + is a revenue measure. + (6) Rules of house of representatives and senate.--This + subsection is enacted by Congress-- + (A) as an exercise of the rulemaking power of the + Senate and the House of Representatives, respectively, + and as such is deemed a part of the rules of each + House, respectively, and supersedes other rules only to + the extent that it is inconsistent with such rules; and + (B) with full recognition of the constitutional + right of either House to change the rules (so far as + relating to the procedure of that House) at any time, + in the same manner, and to the same extent as in the + case of any other rule of that House. + +SEC. 9. IMPLEMENTATION; PENALTIES. + + (a) Implementation.--The President may exercise all authorities +provided under sections 203 and 205 of the International Emergency +Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary +to carry out this Act. + (b) Penalties.--A person that violates, attempts to violate, +conspires to violate, or causes a violation of section 6 or 7 or any +regulation, license, or order issued to carry out that section shall be +subject to the penalties set forth in subsections (b) and (c) of +section 206 of the International Emergency Economic Powers Act (50 +U.S.C. 1705) to the same extent as a person that commits an unlawful +act described in subsection (a) of that section. + +SEC. 10. RULE OF CONSTRUCTION. + + Nothing in this Act shall be construed as an authorization of +military force against China. + \ No newline at end of file From ce47f1542fe32de716976370e72cd1281c947f6e Mon Sep 17 00:00:00 2001 From: "Rep. Sherman, Brad [D-CA-30]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 614/984] House-7440: Engrossed in House --- bills_text/House-7440.txt | 54 ++++++++++++++++++--------------------- 1 file changed, 25 insertions(+), 29 deletions(-) diff --git a/bills_text/House-7440.txt b/bills_text/House-7440.txt index 2dcc021..a714109 100644 --- a/bills_text/House-7440.txt +++ b/bills_text/House-7440.txt @@ -2,31 +2,9 @@ 2d Session H. R. 7440 - To impose sanctions with respect to foreign persons involved in the -erosion of certain obligations of China with respect to Hong Kong, and - for other purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - July 1, 2020 - - Mr. Sherman (for himself, Mr. Yoho, Mrs. Carolyn B. Maloney of New - York, Mr. Curtis, Mr. Connolly, Mr. Barr, Mr. Suozzi, Mr. - Reschenthaler, Ms. Spanberger, Mr. Fitzpatrick, Mr. Guest, and Mr. - Perry) introduced the following bill; which was referred to the -Committee on Foreign Affairs, and in addition to the Committees on the -Judiciary, Financial Services, Ways and Means, and Rules, for a period - to be subsequently determined by the Speaker, in each case for -consideration of such provisions as fall within the jurisdiction of the - committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -775,11 +753,11 @@ imposition of sanctions-- Relations. (B) Reporting and discharge.--If a committee to which a covered resolution was referred has not - reported the resolution within 10 calendar days after - the date of referral of the resolution, that committee - shall be discharged from further consideration of the - resolution and the resolution shall be placed on the - appropriate calendar. + reported the resolution within 10 legislative days + after the date of referral of the resolution, that + committee shall be discharged from further + consideration of the resolution and the resolution + shall be placed on the appropriate calendar. (C) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Banking, @@ -917,4 +895,22 @@ SEC. 10. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as an authorization of military force against China. - \ No newline at end of file + + Passed the House of Representatives July 1, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7440 + +_______________________________________________________________________ + + AN ACT + + To impose sanctions with respect to foreign persons involved in the +erosion of certain obligations of China with respect to Hong Kong, and + for other purposes. From 2a1aed0ba6023effc2cc62fded8c91d63ba3ea52 Mon Sep 17 00:00:00 2001 From: "Rep. Sherman, Brad [D-CA-30]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 615/984] House-7440: Received in Senate --- bills_text/House-7440.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-7440.txt b/bills_text/House-7440.txt index a714109..bb0843b 100644 --- a/bills_text/House-7440.txt +++ b/bills_text/House-7440.txt @@ -2,6 +2,16 @@ 2d Session H. R. 7440 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 1, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -900,17 +910,6 @@ military force against China. Attest: - Clerk. -116th CONGRESS - - 2d Session - - H. R. 7440 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To impose sanctions with respect to foreign persons involved in the -erosion of certain obligations of China with respect to Hong Kong, and - for other purposes. + Clerk. From 0780f1d8e9c9272a0c07439f17e3981122c59fb5 Mon Sep 17 00:00:00 2001 From: "Rep. Sherman, Brad [D-CA-30]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 616/984] House-7440: Enrolled --- bills_text/House-7440.txt | 1500 +++++++++++++++++-------------------- 1 file changed, 697 insertions(+), 803 deletions(-) diff --git a/bills_text/House-7440.txt b/bills_text/House-7440.txt index bb0843b..a77a3ca 100644 --- a/bills_text/House-7440.txt +++ b/bills_text/House-7440.txt @@ -1,32 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 7440 + H.R.7440 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - July 1, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act To impose sanctions with respect to foreign persons involved in the -erosion of certain obligations of China with respect to Hong Kong, and - for other purposes. + erosion of certain obligations of China with respect to Hong Kong, and + for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``Hong Kong Autonomy Act''. (b) Table of Contents.--The table of contents for this Act is as @@ -36,343 +33,304 @@ Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Sense of Congress regarding Hong Kong. -Sec. 5. Identification of foreign persons involved in the erosion of - the obligations of China under the Joint - Declaration or the Basic Law and foreign - financial institutions that conduct - significant transactions with those - persons. +Sec. 5. Identification of foreign persons involved in the erosion of the + obligations of China under the Joint Declaration or the Basic + Law and foreign financial institutions that conduct + significant transactions with those persons. Sec. 6. Sanctions with respect to foreign persons that contravene the - obligations of China under the Joint - Declaration or the Basic Law. + obligations of China under the Joint Declaration or the Basic + Law. Sec. 7. Sanctions with respect to foreign financial institutions that - conduct significant transactions with - foreign persons that contravene the - obligations of China under the Joint - Declaration or the Basic Law. + conduct significant transactions with foreign persons that + contravene the obligations of China under the Joint + Declaration or the Basic Law. Sec. 8. Waiver, termination, exceptions, and congressional review - process. + process. Sec. 9. Implementation; penalties. Sec. 10. Rule of construction. - SEC. 2. DEFINITIONS. - In this Act: - (1) Alien; national; national of the united states.--The - terms ``alien'', ``national'', and ``national of the United - States'' have the meanings given those terms in section 101 of - the Immigration and Nationality Act (8 U.S.C. 1101). - (2) Appropriate congressional committees and leadership.-- - The term ``appropriate congressional committees and - leadership'' means-- - (A) the Committee on Armed Services, the Committee - on Banking, Housing, and Urban Affairs, the Committee - on Foreign Relations, the Committee on Homeland - Security and Governmental Affairs, the Committee on the - Judiciary, the Select Committee on Intelligence, and - the majority leader and the minority leader of the - Senate; and - (B) the Committee on Armed Services, the Committee - on Financial Services, the Committee on Foreign - Affairs, the Committee on Homeland Security, the - Committee on the Judiciary, the Permanent Select - Committee on Intelligence, and the Speaker and the - minority leader of the House of Representatives. - (3) Basic law.--The term ``Basic Law'' means the Basic Law - of the Hong Kong Special Administrative Region of the People's - Republic of China. - (4) China.--The term ``China'' means the People's Republic - of China. - (5) Entity.--The term ``entity'' means a partnership, joint - venture, association, corporation, organization, network, - group, or subgroup, or any other form of business - collaboration. - (6) Financial institution.--The term ``financial - institution'' means a financial institution specified in - section 5312(a)(2) of title 31, United States Code. - (7) Hong kong.--The term ``Hong Kong'' means the Hong Kong - Special Administrative Region of the People's Republic of - China. - (8) Joint declaration.--The term ``Joint Declaration'' - means the Joint Declaration of the Government of the United - Kingdom of Great Britain and Northern Ireland and the - Government of the People's Republic of China on the Question of - Hong Kong, done at Beijing on December 19, 1984. - (9) Knowingly.--The term ``knowingly'', with respect to - conduct, a circumstance, or a result, means that a person has - actual knowledge of the conduct, the circumstance, or the - result. - (10) Person.--The term ``person'' means an individual or - entity. - (11) United states person.--The term ``United States - person'' means-- - (A) any citizen or national of the United States; - (B) any alien lawfully admitted for permanent - residence in the United States; - (C) any entity organized under the laws of the - United States or any jurisdiction within the United - States (including a foreign branch of such an entity); - or - (D) any person located in the United States. - + (1) Alien; national; national of the united states.--The terms + ``alien'', ``national'', and ``national of the United States'' have + the meanings given those terms in section 101 of the Immigration + and Nationality Act (8 U.S.C. 1101). + (2) Appropriate congressional committees and leadership.--The + term ``appropriate congressional committees and leadership'' + means-- + (A) the Committee on Armed Services, the Committee on + Banking, Housing, and Urban Affairs, the Committee on Foreign + Relations, the Committee on Homeland Security and Governmental + Affairs, the Committee on the Judiciary, the Select Committee + on Intelligence, and the majority leader and the minority + leader of the Senate; and + (B) the Committee on Armed Services, the Committee on + Financial Services, the Committee on Foreign Affairs, the + Committee on Homeland Security, the Committee on the Judiciary, + the Permanent Select Committee on Intelligence, and the Speaker + and the minority leader of the House of Representatives. + (3) Basic law.--The term ``Basic Law'' means the Basic Law of + the Hong Kong Special Administrative Region of the People's + Republic of China. + (4) China.--The term ``China'' means the People's Republic of + China. + (5) Entity.--The term ``entity'' means a partnership, joint + venture, association, corporation, organization, network, group, or + subgroup, or any other form of business collaboration. + (6) Financial institution.--The term ``financial institution'' + means a financial institution specified in section 5312(a)(2) of + title 31, United States Code. + (7) Hong kong.--The term ``Hong Kong'' means the Hong Kong + Special Administrative Region of the People's Republic of China. + (8) Joint declaration.--The term ``Joint Declaration'' means + the Joint Declaration of the Government of the United Kingdom of + Great Britain and Northern Ireland and the Government of the + People's Republic of China on the Question of Hong Kong, done at + Beijing on December 19, 1984. + (9) Knowingly.--The term ``knowingly'', with respect to + conduct, a circumstance, or a result, means that a person has + actual knowledge of the conduct, the circumstance, or the result. + (10) Person.--The term ``person'' means an individual or + entity. + (11) United states person.--The term ``United States person'' + means-- + (A) any citizen or national of the United States; + (B) any alien lawfully admitted for permanent residence in + the United States; + (C) any entity organized under the laws of the United + States or any jurisdiction within the United States (including + a foreign branch of such an entity); or + (D) any person located in the United States. SEC. 3. FINDINGS. - Congress makes the following findings: - (1) The Joint Declaration and the Basic Law clarify certain - obligations and promises that the Government of China has made - with respect to the future of Hong Kong. - (2) The obligations of the Government of China under the - Joint Declaration were codified in a legally-binding treaty, - signed by the Government of the United Kingdom of Great Britain - and Northern Ireland and registered with the United Nations. - (3) The obligations of the Government of China under the - Basic Law originate from the Joint Declaration, were passed - into the domestic law of China by the National People's - Congress, and are widely considered by citizens of Hong Kong as - part of the de facto legal constitution of Hong Kong. - (4) Foremost among the obligations of the Government of - China to Hong Kong is the promise that, pursuant to Paragraph - 3b of the Joint Declaration, ``the Hong Kong Special - Administrative Region will enjoy a high degree of autonomy, - except in foreign and defence affairs which are the - responsibilities of the Central People's Government''. - (5) The obligation specified in Paragraph 3b of the Joint - Declaration is referenced, reinforced, and extrapolated on in - several portions of the Basic Law, including Articles 2, 12, - 13, 14, and 22. - (6) Article 22 of the Basic Law establishes that ``No - department of the Central People's Government and no province, - autonomous region, or municipality directly under the Central - Government may interfere in the affairs which the Hong Kong - Special Administrative Region administers on its own in - accordance with this Law.''. - (7) The Joint Declaration and the Basic Law make clear that - additional obligations shall be undertaken by China to ensure - the ``high degree of autonomy'' of Hong Kong. - (8) Paragraph 3c of the Joint Declaration states, as - reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic - Law, that Hong Kong ``will be vested with executive, - legislative and independent judicial power, including that of - final adjudication''. - (9) On multiple occasions, the Government of China has - undertaken actions that have contravened the letter or intent - of the obligation described in paragraph (8) of this section, - including the following: - (A) In 1999, the Standing Committee of the National - People's Congress overruled a decision by the Hong Kong - Court of Final Appeal on the right of abode. - (B) On multiple occasions, the Government of Hong - Kong, at the advice of the Government of China, is - suspected to have not allowed persons entry into Hong - Kong allegedly because of their support for democracy - and human rights in Hong Kong and China. - (C) The Liaison Office of China in Hong Kong has, - despite restrictions on interference in the affairs of - Hong Kong as detailed in Article 22 of the Basic Law-- - (i) openly expressed support for candidates - in Hong Kong for Chief Executive and - Legislative Council; - (ii) expressed views on various policies - for the Government of Hong Kong and other - internal matters relating to Hong Kong; and - (iii) on April 17, 2020, asserted that both - the Liaison Office of China in Hong Kong and - the Hong Kong and Macau Affairs Office of the - State Council ``have the right to exercise - supervision . . . on affairs regarding Hong - Kong and the mainland, in order to ensure - correct implementation of the Basic Law''. - (D) The National People's Congress has passed laws - requiring Hong Kong to pass laws banning disrespectful - treatment of the national flag and national anthem of - China. - (E) The State Council of China released a white - paper on June 10, 2014, that stressed the - ``comprehensive jurisdiction'' of the Government of - China over Hong Kong and indicated that Hong Kong must - be governed by ``patriots''. - (F) The Government of China has directed operatives - to kidnap and bring to the mainland, or is otherwise - responsible for the kidnapping of, residents of Hong - Kong, including businessman Xiao Jianhua and bookseller - Gui Minhai. - (G) The Government of Hong Kong, acting with the - support of the Government of China, introduced an - extradition bill that would have permitted the - Government of China to request and enforce extradition - requests for any individual present in Hong Kong, - regardless of the legality of the request or the degree - to which it compromised the judicial independence of - Hong Kong. - (H) The spokesman for the Standing Committee of the - National People's Congress said, ``Whether Hong Kong's - laws are consistent with the Basic Law can only be - judged and decided by the National People's Congress - Standing Committee. No other authority has the right to - make judgments and decisions.''. - (10) Paragraph 3e of the Joint Declaration states, as - reinforced by Article 5 of the Basic Law, that the ``current - social and economic systems in Hong Kong will remain unchanged, - as so will the life-style.''. - (11) On multiple occasions, the Government of China has - undertaken actions that have contravened the letter or intent - of the obligation described in paragraph (10) of this section, - including the following: - (A) In 2002, the Government of China pressured the - Government of Hong Kong to introduce ``patriotic'' - curriculum in primary and secondary schools. - (B) The governments of China and Hong Kong proposed - the prohibition of discussion of Hong Kong independence - and self-determination in primary and secondary - schools, which infringes on freedom of speech. - (C) The Government of Hong Kong mandated that - Mandarin, and not the native language of Cantonese, be - the language of instruction in Hong Kong schools. - (D) The governments of China and Hong Kong agreed - to a daily quota of mainland immigrants to Hong Kong, - which is widely believed by citizens of Hong Kong to be - part of an effort to ``mainlandize'' Hong Kong. - (12) Paragraph 3e of the Joint Declaration states, as - reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34, - and 39 of the Basic Law, that the ``rights and freedoms, - including those of person, of speech, of the press, of - assembly, of association, of travel, of movement, of - correspondence, of strike, of choice of occupation, of academic - research and of religious belief will be ensured by law'' in - Hong Kong. - (13) On multiple occasions, the Government of China has - undertaken actions that have contravened the letter or intent - of the obligation described in paragraph (12) of this section, - including the following: - (A) On February 26, 2003, the Government of Hong - Kong introduced a national security bill that would - have placed restrictions on freedom of speech and other - protected rights. - (B) The Liaison Office of China in Hong Kong has - pressured businesses in Hong Kong not to advertise in - newspapers and magazines critical of the governments of - China and Hong Kong. - (C) The Hong Kong Police Force selectively blocked - demonstrations and protests expressing opposition to - the governments of China and Hong Kong or the policies - of those governments. - (D) The Government of Hong Kong refused to renew - work visa for a foreign journalist, allegedly for - hosting a speaker from the banned Hong Kong National - Party. - (E) The Justice Department of Hong Kong selectively - prosecuted cases against leaders of the Umbrella - Movement, while failing to prosecute police officers - accused of using excessive force during the protests in - 2014. - (F) On April 18, 2020, the Hong Kong Police Force - arrested 14 high-profile democracy activists and - campaigners for their role in organizing a protest - march that took place on August 18, 2019, in which - almost 2,000,000 people rallied against a proposed - extradition bill. - (14) Articles 45 and 68 of the Basic Law assert that the - selection of Chief Executive and all members of the Legislative - Council of Hong Kong should be by ``universal suffrage.''. - (15) On multiple occasions, the Government of China has - undertaken actions that have contravened the letter or intent - of the obligation described in paragraph (14) of this section, - including the following: - (A) In 2004, the National People's Congress created - new, antidemocratic procedures restricting the adoption - of universal suffrage for the election of the Chief - Executive of Hong Kong. - (B) The decision by the National People's Congress - on December 29, 2007, which ruled out universal - suffrage in 2012 elections and set restrictions on when - and if universal suffrage will be implemented. - (C) The decision by the National People's Congress - on August 31, 2014, which placed limits on the - nomination process for the Chief Executive of Hong Kong - as a condition for adoption of universal suffrage. - (D) On November 7, 2016, the National People's - Congress interpreted Article 104 of the Basic Law in - such a way to disqualify 6 elected members of the - Legislative Council. - (E) In 2018, the Government of Hong Kong banned the - Hong Kong National Party and blocked the candidacy of - pro-democracy candidates. - (16) The ways in which the Government of China, at times - with the support of a subservient Government of Hong Kong, has - acted in contravention of its obligations under the Joint - Declaration and the Basic Law, as set forth in this section, - are deeply concerning to the people of Hong Kong, the United - States, and members of the international community who support - the autonomy of Hong Kong. - + (1) The Joint Declaration and the Basic Law clarify certain + obligations and promises that the Government of China has made with + respect to the future of Hong Kong. + (2) The obligations of the Government of China under the Joint + Declaration were codified in a legally-binding treaty, signed by + the Government of the United Kingdom of Great Britain and Northern + Ireland and registered with the United Nations. + (3) The obligations of the Government of China under the Basic + Law originate from the Joint Declaration, were passed into the + domestic law of China by the National People's Congress, and are + widely considered by citizens of Hong Kong as part of the de facto + legal constitution of Hong Kong. + (4) Foremost among the obligations of the Government of China + to Hong Kong is the promise that, pursuant to Paragraph 3b of the + Joint Declaration, ``the Hong Kong Special Administrative Region + will enjoy a high degree of autonomy, except in foreign and defence + affairs which are the responsibilities of the Central People's + Government''. + (5) The obligation specified in Paragraph 3b of the Joint + Declaration is referenced, reinforced, and extrapolated on in + several portions of the Basic Law, including Articles 2, 12, 13, + 14, and 22. + (6) Article 22 of the Basic Law establishes that ``No + department of the Central People's Government and no province, + autonomous region, or municipality directly under the Central + Government may interfere in the affairs which the Hong Kong Special + Administrative Region administers on its own in accordance with + this Law.''. + (7) The Joint Declaration and the Basic Law make clear that + additional obligations shall be undertaken by China to ensure the + ``high degree of autonomy'' of Hong Kong. + (8) Paragraph 3c of the Joint Declaration states, as reinforced + by Articles 2, 16, 17, 18, 19, and 22 of the Basic Law, that Hong + Kong ``will be vested with executive, legislative and independent + judicial power, including that of final adjudication''. + (9) On multiple occasions, the Government of China has + undertaken actions that have contravened the letter or intent of + the obligation described in paragraph (8) of this section, + including the following: + (A) In 1999, the Standing Committee of the National + People's Congress overruled a decision by the Hong Kong Court + of Final Appeal on the right of abode. + (B) On multiple occasions, the Government of Hong Kong, at + the advice of the Government of China, is suspected to have not + allowed persons entry into Hong Kong allegedly because of their + support for democracy and human rights in Hong Kong and China. + (C) The Liaison Office of China in Hong Kong has, despite + restrictions on interference in the affairs of Hong Kong as + detailed in Article 22 of the Basic Law-- + (i) openly expressed support for candidates in Hong + Kong for Chief Executive and Legislative Council; + (ii) expressed views on various policies for the + Government of Hong Kong and other internal matters relating + to Hong Kong; and + (iii) on April 17, 2020, asserted that both the Liaison + Office of China in Hong Kong and the Hong Kong and Macau + Affairs Office of the State Council ``have the right to + exercise supervision * * * on affairs regarding Hong Kong + and the mainland, in order to ensure correct implementation + of the Basic Law''. + (D) The National People's Congress has passed laws + requiring Hong Kong to pass laws banning disrespectful + treatment of the national flag and national anthem of China. + (E) The State Council of China released a white paper on + June 10, 2014, that stressed the ``comprehensive jurisdiction'' + of the Government of China over Hong Kong and indicated that + Hong Kong must be governed by ``patriots''. + (F) The Government of China has directed operatives to + kidnap and bring to the mainland, or is otherwise responsible + for the kidnapping of, residents of Hong Kong, including + businessman Xiao Jianhua and bookseller Gui Minhai. + (G) The Government of Hong Kong, acting with the support of + the Government of China, introduced an extradition bill that + would have permitted the Government of China to request and + enforce extradition requests for any individual present in Hong + Kong, regardless of the legality of the request or the degree + to which it compromised the judicial independence of Hong Kong. + (H) The spokesman for the Standing Committee of the + National People's Congress said, ``Whether Hong Kong's laws are + consistent with the Basic Law can only be judged and decided by + the National People's Congress Standing Committee. No other + authority has the right to make judgments and decisions.''. + (10) Paragraph 3e of the Joint Declaration states, as + reinforced by Article 5 of the Basic Law, that the ``current social + and economic systems in Hong Kong will remain unchanged, as so will + the life-style.''. + (11) On multiple occasions, the Government of China has + undertaken actions that have contravened the letter or intent of + the obligation described in paragraph (10) of this section, + including the following: + (A) In 2002, the Government of China pressured the + Government of Hong Kong to introduce ``patriotic'' curriculum + in primary and secondary schools. + (B) The governments of China and Hong Kong proposed the + prohibition of discussion of Hong Kong independence and self- + determination in primary and secondary schools, which infringes + on freedom of speech. + (C) The Government of Hong Kong mandated that Mandarin, and + not the native language of Cantonese, be the language of + instruction in Hong Kong schools. + (D) The governments of China and Hong Kong agreed to a + daily quota of mainland immigrants to Hong Kong, which is + widely believed by citizens of Hong Kong to be part of an + effort to ``mainlandize'' Hong Kong. + (12) Paragraph 3e of the Joint Declaration states, as + reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34, and 39 + of the Basic Law, that the ``rights and freedoms, including those + of person, of speech, of the press, of assembly, of association, of + travel, of movement, of correspondence, of strike, of choice of + occupation, of academic research and of religious belief will be + ensured by law'' in Hong Kong. + (13) On multiple occasions, the Government of China has + undertaken actions that have contravened the letter or intent of + the obligation described in paragraph (12) of this section, + including the following: + (A) On February 26, 2003, the Government of Hong Kong + introduced a national security bill that would have placed + restrictions on freedom of speech and other protected rights. + (B) The Liaison Office of China in Hong Kong has pressured + businesses in Hong Kong not to advertise in newspapers and + magazines critical of the governments of China and Hong Kong. + (C) The Hong Kong Police Force selectively blocked + demonstrations and protests expressing opposition to the + governments of China and Hong Kong or the policies of those + governments. + (D) The Government of Hong Kong refused to renew work visa + for a foreign journalist, allegedly for hosting a speaker from + the banned Hong Kong National Party. + (E) The Justice Department of Hong Kong selectively + prosecuted cases against leaders of the Umbrella Movement, + while failing to prosecute police officers accused of using + excessive force during the protests in 2014. + (F) On April 18, 2020, the Hong Kong Police Force arrested + 14 high-profile democracy activists and campaigners for their + role in organizing a protest march that took place on August + 18, 2019, in which almost 2,000,000 people rallied against a + proposed extradition bill. + (14) Articles 45 and 68 of the Basic Law assert that the + selection of Chief Executive and all members of the Legislative + Council of Hong Kong should be by ``universal suffrage.''. + (15) On multiple occasions, the Government of China has + undertaken actions that have contravened the letter or intent of + the obligation described in paragraph (14) of this section, + including the following: + (A) In 2004, the National People's Congress created new, + antidemocratic procedures restricting the adoption of universal + suffrage for the election of the Chief Executive of Hong Kong. + (B) The decision by the National People's Congress on + December 29, 2007, which ruled out universal suffrage in 2012 + elections and set restrictions on when and if universal + suffrage will be implemented. + (C) The decision by the National People's Congress on + August 31, 2014, which placed limits on the nomination process + for the Chief Executive of Hong Kong as a condition for + adoption of universal suffrage. + (D) On November 7, 2016, the National People's Congress + interpreted Article 104 of the Basic Law in such a way to + disqualify 6 elected members of the Legislative Council. + (E) In 2018, the Government of Hong Kong banned the Hong + Kong National Party and blocked the candidacy of pro-democracy + candidates. + (16) The ways in which the Government of China, at times with + the support of a subservient Government of Hong Kong, has acted in + contravention of its obligations under the Joint Declaration and + the Basic Law, as set forth in this section, are deeply concerning + to the people of Hong Kong, the United States, and members of the + international community who support the autonomy of Hong Kong. SEC. 4. SENSE OF CONGRESS REGARDING HONG KONG. - It is the sense of Congress that-- - (1) the United States continues to uphold the principles - and policy established in the United States-Hong Kong Policy - Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human - Rights and Democracy Act of 2019 (Public Law 116-76; 22 U.S.C. - 5701 note), which remain consistent with China's obligations - under the Joint Declaration and certain promulgated objectives - under the Basic Law, including that-- - (A) as set forth in section 101(1) of the United - States-Hong Kong Policy Act of 1992 (22 U.S.C. - 5711(1)), ``The United States should play an active - role, before, on, and after July 1, 1997, in - maintaining Hong Kong's confidence and prosperity, Hong - Kong's role as an international financial center, and - the mutually beneficial ties between the people of the - United States and the people of Hong Kong.''; and - (B) as set forth in section 2(5) of the United - States-Hong Kong Policy Act of 1992 (22 U.S.C. - 5701(5)), ``Support for democratization is a - fundamental principle of United States foreign policy. - As such, it naturally applies to United States policy - toward Hong Kong. This will remain equally true after - June 30, 1997.''; - (2) although the United States recognizes that, under the - Joint Declaration, the Government of China ``resumed the - exercise of sovereignty over Hong Kong with effect on 1 July - 1997'', the United States supports the autonomy of Hong Kong in - furtherance of the United States-Hong Kong Policy Act of 1992 - and the Hong Kong Human Rights and Democracy Act of 2019 and - advances the desire of the people of Hong Kong to continue the - ``one country, two systems'' regime, in addition to other - obligations promulgated by China under the Joint Declaration - and the Basic Law; - (3) in order to support the benefits and protections that - Hong Kong has been afforded by the Government of China under - the Joint Declaration and the Basic Law, the United States - should establish a clear and unambiguous set of penalties with - respect to foreign persons determined by the Secretary of - State, in consultation with the Secretary of the Treasury, to - be involved in the contravention of the obligations of China - under the Joint Declaration and the Basic Law and the financial - institutions transacting with those foreign persons; - (4) the Secretary of State should provide an unclassified - assessment of the reason for imposition of certain economic - penalties on entities, so as to permit a clear path for the - removal of economic penalties if the sanctioned behavior is - reversed and verified by the Secretary of State; - (5) relevant Federal agencies should establish a - multilateral sanctions regime with respect to foreign persons - involved in the contravention of the obligations of China under - the Joint Declaration and the Basic Law; and - (6) in addition to the penalties on foreign persons, and - financial institutions transacting with those foreign persons, - for the contravention of the obligations of China under the - Joint Declaration and the Basic Law, the United States should - take steps, in a time of crisis, to assist permanent residents - of Hong Kong who are persecuted or fear persecution as a result - of the contravention by China of its obligations under the - Joint Declaration and the Basic Law to become eligible to - obtain lawful entry into the United States. - + (1) the United States continues to uphold the principles and + policy established in the United States-Hong Kong Policy Act of + 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human Rights and + Democracy Act of 2019 (Public Law 116-76; 22 U.S.C. 5701 note), + which remain consistent with China's obligations under the Joint + Declaration and certain promulgated objectives under the Basic Law, + including that-- + (A) as set forth in section 101(1) of the United States- + Hong Kong Policy Act of 1992 (22 U.S.C. 5711(1)), ``The United + States should play an active role, before, on, and after July + 1, 1997, in maintaining Hong Kong's confidence and prosperity, + Hong Kong's role as an international financial center, and the + mutually beneficial ties between the people of the United + States and the people of Hong Kong.''; and + (B) as set forth in section 2(5) of the United States-Hong + Kong Policy Act of 1992 (22 U.S.C. 5701(5)), ``Support for + democratization is a fundamental principle of United States + foreign policy. As such, it naturally applies to United States + policy toward Hong Kong. This will remain equally true after + June 30, 1997.''; + (2) although the United States recognizes that, under the Joint + Declaration, the Government of China ``resumed the exercise of + sovereignty over Hong Kong with effect on 1 July 1997'', the United + States supports the autonomy of Hong Kong in furtherance of the + United States-Hong Kong Policy Act of 1992 and the Hong Kong Human + Rights and Democracy Act of 2019 and advances the desire of the + people of Hong Kong to continue the ``one country, two systems'' + regime, in addition to other obligations promulgated by China under + the Joint Declaration and the Basic Law; + (3) in order to support the benefits and protections that Hong + Kong has been afforded by the Government of China under the Joint + Declaration and the Basic Law, the United States should establish a + clear and unambiguous set of penalties with respect to foreign + persons determined by the Secretary of State, in consultation with + the Secretary of the Treasury, to be involved in the contravention + of the obligations of China under the Joint Declaration and the + Basic Law and the financial institutions transacting with those + foreign persons; + (4) the Secretary of State should provide an unclassified + assessment of the reason for imposition of certain economic + penalties on entities, so as to permit a clear path for the removal + of economic penalties if the sanctioned behavior is reversed and + verified by the Secretary of State; + (5) relevant Federal agencies should establish a multilateral + sanctions regime with respect to foreign persons involved in the + contravention of the obligations of China under the Joint + Declaration and the Basic Law; and + (6) in addition to the penalties on foreign persons, and + financial institutions transacting with those foreign persons, for + the contravention of the obligations of China under the Joint + Declaration and the Basic Law, the United States should take steps, + in a time of crisis, to assist permanent residents of Hong Kong who + are persecuted or fear persecution as a result of the contravention + by China of its obligations under the Joint Declaration and the + Basic Law to become eligible to obtain lawful entry into the United + States. SEC. 5. IDENTIFICATION OF FOREIGN PERSONS INVOLVED IN THE EROSION OF - THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR - THE BASIC LAW AND FOREIGN FINANCIAL INSTITUTIONS THAT - CONDUCT SIGNIFICANT TRANSACTIONS WITH THOSE PERSONS. - +THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE BASIC LAW +AND FOREIGN FINANCIAL INSTITUTIONS THAT CONDUCT SIGNIFICANT +TRANSACTIONS WITH THOSE PERSONS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, if the Secretary of State, in consultation with the Secretary of the Treasury, determines that a foreign person is @@ -381,10 +339,10 @@ to materially contribute to the failure of the Government of China to meet its obligations under the Joint Declaration or the Basic Law, the Secretary of State shall submit to the appropriate congressional committees and leadership a report that includes-- - (1) an identification of the foreign person; and - (2) a clear explanation for why the foreign person was - identified and a description of the activity that resulted in - the identification. + (1) an identification of the foreign person; and + (2) a clear explanation for why the foreign person was + identified and a description of the activity that resulted in the + identification. (b) Identifying Foreign Financial Institutions.--Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees and leadership the report @@ -395,251 +353,229 @@ foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report under subsection (a). (c) Exclusion of Certain Information.-- - (1) Intelligence.--The Secretary of State shall not - disclose the identity of a person in a report submitted under - subsection (a) or (b), or an update under subsection (e), if - the Director of National Intelligence determines that such - disclosure could compromise an intelligence operation, - activity, source, or method of the United States. - (2) Law enforcement.--The Secretary of State shall not - disclose the identity of a person in a report submitted under - subsection (a) or (b), or an update under subsection (e), if - the Attorney General, in coordination, as appropriate, with the - Director of the Federal Bureau of Investigation, the head of - any other appropriate Federal law enforcement agency, and the - Secretary of the Treasury, determines that such disclosure - could reasonably be expected-- - (A) to compromise the identity of a confidential - source, including a State, local, or foreign agency or - authority or any private institution that furnished - information on a confidential basis; - (B) to jeopardize the integrity or success of an - ongoing criminal investigation or prosecution; - (C) to endanger the life or physical safety of any - person; or - (D) to cause substantial harm to physical property. - (3) Notification required.--If the Director of National - Intelligence makes a determination under paragraph (1) or the - Attorney General makes a determination under paragraph (2), the - Director or the Attorney General, as the case may be, shall - notify the appropriate congressional committees and leadership - of the determination and the reasons for the determination. + (1) Intelligence.--The Secretary of State shall not disclose + the identity of a person in a report submitted under subsection (a) + or (b), or an update under subsection (e), if the Director of + National Intelligence determines that such disclosure could + compromise an intelligence operation, activity, source, or method + of the United States. + (2) Law enforcement.--The Secretary of State shall not disclose + the identity of a person in a report submitted under subsection (a) + or (b), or an update under subsection (e), if the Attorney General, + in coordination, as appropriate, with the Director of the Federal + Bureau of Investigation, the head of any other appropriate Federal + law enforcement agency, and the Secretary of the Treasury, + determines that such disclosure could reasonably be expected-- + (A) to compromise the identity of a confidential source, + including a State, local, or foreign agency or authority or any + private institution that furnished information on a + confidential basis; + (B) to jeopardize the integrity or success of an ongoing + criminal investigation or prosecution; + (C) to endanger the life or physical safety of any person; + or + (D) to cause substantial harm to physical property. + (3) Notification required.--If the Director of National + Intelligence makes a determination under paragraph (1) or the + Attorney General makes a determination under paragraph (2), the + Director or the Attorney General, as the case may be, shall notify + the appropriate congressional committees and leadership of the + determination and the reasons for the determination. (d) Exclusion or Removal of Foreign Persons and Foreign Financial Institutions.-- - (1) Foreign persons.--The President may exclude a foreign - person from the report under subsection (a), or an update under - subsection (e), or remove a foreign person from the report or - update prior to the imposition of sanctions under section 6(a) - if the material contribution (as described in subsection (g)) - that merited inclusion in that report or update-- - (A) does not have a significant and lasting - negative effect that contravenes the obligations of - China under the Joint Declaration and the Basic Law; - (B) is not likely to be repeated in the future; and - (C) has been reversed or otherwise mitigated - through positive countermeasures taken by that foreign - person. - (2) Foreign financial institutions.--The President may - exclude a foreign financial institution from the report under - subsection (b), or an update under subsection (e), or remove a - foreign financial institution from the report or update prior - to the imposition of sanctions under section 7(a) if the - significant transaction or significant transactions of the - foreign financial institution that merited inclusion in that - report or update-- - (A) does not have a significant and lasting - negative effect that contravenes the obligations of - China under the Joint Declaration and the Basic Law; - (B) is not likely to be repeated in the future; and - (C) has been reversed or otherwise mitigated - through positive countermeasures taken by that foreign - financial institution. - (3) Notification required.--If the President makes a - determination under paragraph (1) or (2) to exclude or remove a - foreign person or foreign financial institution from a report - under subsection (a) or (b), as the case may be, the President - shall notify the appropriate congressional committees and - leadership of the determination and the reasons for the - determination. + (1) Foreign persons.--The President may exclude a foreign + person from the report under subsection (a), or an update under + subsection (e), or remove a foreign person from the report or + update prior to the imposition of sanctions under section 6(a) if + the material contribution (as described in subsection (g)) that + merited inclusion in that report or update-- + (A) does not have a significant and lasting negative effect + that contravenes the obligations of China under the Joint + Declaration and the Basic Law; + (B) is not likely to be repeated in the future; and + (C) has been reversed or otherwise mitigated through + positive countermeasures taken by that foreign person. + (2) Foreign financial institutions.--The President may exclude + a foreign financial institution from the report under subsection + (b), or an update under subsection (e), or remove a foreign + financial institution from the report or update prior to the + imposition of sanctions under section 7(a) if the significant + transaction or significant transactions of the foreign financial + institution that merited inclusion in that report or update-- + (A) does not have a significant and lasting negative effect + that contravenes the obligations of China under the Joint + Declaration and the Basic Law; + (B) is not likely to be repeated in the future; and + (C) has been reversed or otherwise mitigated through + positive countermeasures taken by that foreign financial + institution. + (3) Notification required.--If the President makes a + determination under paragraph (1) or (2) to exclude or remove a + foreign person or foreign financial institution from a report under + subsection (a) or (b), as the case may be, the President shall + notify the appropriate congressional committees and leadership of + the determination and the reasons for the determination. (e) Update of Reports.-- - (1) In general.--Each report submitted under subsections - (a) and (b) shall be updated in an ongoing manner and, to the - extent practicable, updated reports shall be resubmitted with - the annual report under section 301 of the United States-Hong - Kong Policy Act of 1992 (22 U.S.C. 5731). - (2) Rule of construction.--Nothing in this subsection shall - be construed to terminate the requirement to update the reports - under subsections (a) and (b) upon the termination of the - requirement to submit the annual report under section 301 of - the United States-Hong Kong Policy Act of 1992 (22 U.S.C. - 5731). + (1) In general.--Each report submitted under subsections (a) + and (b) shall be updated in an ongoing manner and, to the extent + practicable, updated reports shall be resubmitted with the annual + report under section 301 of the United States-Hong Kong Policy Act + of 1992 (22 U.S.C. 5731). + (2) Rule of construction.--Nothing in this subsection shall be + construed to terminate the requirement to update the reports under + subsections (a) and (b) upon the termination of the requirement to + submit the annual report under section 301 of the United States- + Hong Kong Policy Act of 1992 (22 U.S.C. 5731). (f) Form of Reports.-- - (1) In general.--Each report under subsection (a) or (b) - (including updates under subsection (e)) shall be submitted in - unclassified form and made available to the public. - (2) Classified annex.--The explanations and descriptions - included in the report under subsection (a)(2) (including - updates under subsection (e)) may be expanded on in a - classified annex. + (1) In general.--Each report under subsection (a) or (b) + (including updates under subsection (e)) shall be submitted in + unclassified form and made available to the public. + (2) Classified annex.--The explanations and descriptions + included in the report under subsection (a)(2) (including updates + under subsection (e)) may be expanded on in a classified annex. (g) Material Contributions Related to Obligations of China Described.--For purposes of this section, a foreign person materially contributes to the failure of the Government of China to meet its obligations under the Joint Declaration or the Basic Law if the person-- - (1) took action that resulted in the inability of the - people of Hong Kong-- - (A) to enjoy freedom of assembly, speech, press, or - independent rule of law; or - (B) to participate in democratic outcomes; or - (2) otherwise took action that reduces the high degree of - autonomy of Hong Kong. - + (1) took action that resulted in the inability of the people of + Hong Kong-- + (A) to enjoy freedom of assembly, speech, press, or + independent rule of law; or + (B) to participate in democratic outcomes; or + (2) otherwise took action that reduces the high degree of + autonomy of Hong Kong. SEC. 6. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT CONTRAVENE THE - OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE - BASIC LAW. - +OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE BASIC LAW. (a) Imposition of Sanctions.-- - (1) In general.--On and after the date on which a foreign - person is included in the report under section 5(a) or an - update to that report under section 5(e), the President may - impose sanctions described in subsection (b) with respect to - that foreign person. - (2) Mandatory sanctions.--Not later than one year after the - date on which a foreign person is included in the report under - section 5(a) or an update to that report under section 5(e), - the President shall impose sanctions described in subsection - (b) with respect to that foreign person. + (1) In general.--On and after the date on which a foreign + person is included in the report under section 5(a) or an update to + that report under section 5(e), the President may impose sanctions + described in subsection (b) with respect to that foreign person. + (2) Mandatory sanctions.--Not later than one year after the + date on which a foreign person is included in the report under + section 5(a) or an update to that report under section 5(e), the + President shall impose sanctions described in subsection (b) with + respect to that foreign person. (b) Sanctions Described.--The sanctions described in this subsection with respect to a foreign person are the following: - (1) Property transactions.--The President may, pursuant to - such regulations as the President may prescribe, prohibit any - person from-- - (A) acquiring, holding, withholding, using, - transferring, withdrawing, transporting, or exporting - any property that is subject to the jurisdiction of the - United States and with respect to which the foreign - person has any interest; - (B) dealing in or exercising any right, power, or - privilege with respect to such property; or - (C) conducting any transaction involving such - property. - (2) Exclusion from the united states and revocation of visa - or other documentation.--In the case of a foreign person who is - an individual, the President may direct the Secretary of State - to deny a visa to, and the Secretary of Homeland Security to - exclude from the United States, the foreign person, subject to - regulatory exceptions to permit the United States to comply - with the Agreement regarding the Headquarters of the United - Nations, signed at Lake Success June 26, 1947, and entered into - force November 21, 1947, between the United Nations and the - United States, or other applicable international obligations. - + (1) Property transactions.--The President may, pursuant to such + regulations as the President may prescribe, prohibit any person + from-- + (A) acquiring, holding, withholding, using, transferring, + withdrawing, transporting, or exporting any property that is + subject to the jurisdiction of the United States and with + respect to which the foreign person has any interest; + (B) dealing in or exercising any right, power, or privilege + with respect to such property; or + (C) conducting any transaction involving such property. + (2) Exclusion from the united states and revocation of visa or + other documentation.--In the case of a foreign person who is an + individual, the President may direct the Secretary of State to deny + a visa to, and the Secretary of Homeland Security to exclude from + the United States, the foreign person, subject to regulatory + exceptions to permit the United States to comply with the Agreement + regarding the Headquarters of the United Nations, signed at Lake + Success June 26, 1947, and entered into force November 21, 1947, + between the United Nations and the United States, or other + applicable international obligations. SEC. 7. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS THAT - CONDUCT SIGNIFICANT TRANSACTIONS WITH FOREIGN PERSONS - THAT CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE JOINT - DECLARATION OR THE BASIC LAW. - +CONDUCT SIGNIFICANT TRANSACTIONS WITH FOREIGN PERSONS THAT CONTRAVENE +THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE BASIC LAW. (a) Imposition of Sanctions.-- - (1) Initial sanctions.--Not later than one year after the - date on which a foreign financial institution is included in - the report under section 5(b) or an update to that report under - section 5(e), the President shall impose not fewer than 5 of - the sanctions described in subsection (b) with respect to that - foreign financial institution. - (2) Expanded sanctions.--Not later than two years after the - date on which a foreign financial institution is included in - the report under section 5(b) or an update to that report under - section 5(e), the President shall impose each of the sanctions - described in subsection (b). + (1) Initial sanctions.--Not later than one year after the date + on which a foreign financial institution is included in the report + under section 5(b) or an update to that report under section 5(e), + the President shall impose not fewer than 5 of the sanctions + described in subsection (b) with respect to that foreign financial + institution. + (2) Expanded sanctions.--Not later than two years after the + date on which a foreign financial institution is included in the + report under section 5(b) or an update to that report under section + 5(e), the President shall impose each of the sanctions described in + subsection (b). (b) Sanctions Described.--The sanctions described in this subsection with respect to a foreign financial institution are the following: - (1) Loans from united states financial institutions.--The - United States Government may prohibit any United States - financial institution from making loans or providing credits to - the foreign financial institution. - (2) Prohibition on designation as primary dealer.--Neither - the Board of Governors of the Federal Reserve System nor the - Federal Reserve Bank of New York may designate, or permit the - continuation of any prior designation of, the foreign financial - institution as a primary dealer in United States Government - debt instruments. - (3) Prohibition on service as a repository of government - funds.--The foreign financial institution may not serve as - agent of the United States Government or serve as repository - for United States Government funds. - (4) Foreign exchange.--The President may, pursuant to such - regulations as the President may prescribe, prohibit any - transactions in foreign exchange that are subject to the - jurisdiction of the United States and involve the foreign - financial institution. - (5) Banking transactions.--The President may, pursuant to - such regulations as the President may prescribe, prohibit any - transfers of credit or payments between financial institutions - or by, through, or to any financial institution, to the extent - that such transfers or payments are subject to the jurisdiction - of the United States and involve the foreign financial - institution. - (6) Property transactions.--The President may, pursuant to - such regulations as the President may prescribe, prohibit any - person from-- - (A) acquiring, holding, withholding, using, - transferring, withdrawing, transporting, importing, or - exporting any property that is subject to the - jurisdiction of the United States and with respect to - which the foreign financial institution has any - interest; - (B) dealing in or exercising any right, power, or - privilege with respect to such property; or - (C) conducting any transaction involving such - property. - (7) Restriction on exports, reexports, and transfers.--The - President, in consultation with the Secretary of Commerce, may - restrict or prohibit exports, reexports, and transfers (in- - country) of commodities, software, and technology subject to - the jurisdiction of the United States directly or indirectly to - the foreign financial institution. - (8) Ban on investment in equity or debt.--The President - may, pursuant to such regulations or guidelines as the - President may prescribe, prohibit any United States person from - investing in or purchasing significant amounts of equity or - debt instruments of the foreign financial institution. - (9) Exclusion of corporate officers.--The President may - direct the Secretary of State, in consultation with the - Secretary of the Treasury and the Secretary of Homeland - Security, to exclude from the United States any alien that is - determined to be a corporate officer or principal of, or a - shareholder with a controlling interest in, the foreign - financial institution, subject to regulatory exceptions to - permit the United States to comply with the Agreement regarding - the Headquarters of the United Nations, signed at Lake Success - June 26, 1947, and entered into force November 21, 1947, - between the United Nations and the United States, or other - applicable international obligations. - (10) Sanctions on principal executive officers.--The - President may impose on the principal executive officer or - officers of the foreign financial institution, or on - individuals performing similar functions and with similar - authorities as such officer or officers, any of the sanctions - described in paragraphs (1) through (8) that are applicable. + (1) Loans from united states financial institutions.--The + United States Government may prohibit any United States financial + institution from making loans or providing credits to the foreign + financial institution. + (2) Prohibition on designation as primary dealer.--Neither the + Board of Governors of the Federal Reserve System nor the Federal + Reserve Bank of New York may designate, or permit the continuation + of any prior designation of, the foreign financial institution as a + primary dealer in United States Government debt instruments. + (3) Prohibition on service as a repository of government + funds.--The foreign financial institution may not serve as agent of + the United States Government or serve as repository for United + States Government funds. + (4) Foreign exchange.--The President may, pursuant to such + regulations as the President may prescribe, prohibit any + transactions in foreign exchange that are subject to the + jurisdiction of the United States and involve the foreign financial + institution. + (5) Banking transactions.--The President may, pursuant to such + regulations as the President may prescribe, prohibit any transfers + of credit or payments between financial institutions or by, + through, or to any financial institution, to the extent that such + transfers or payments are subject to the jurisdiction of the United + States and involve the foreign financial institution. + (6) Property transactions.--The President may, pursuant to such + regulations as the President may prescribe, prohibit any person + from-- + (A) acquiring, holding, withholding, using, transferring, + withdrawing, transporting, importing, or exporting any property + that is subject to the jurisdiction of the United States and + with respect to which the foreign financial institution has any + interest; + (B) dealing in or exercising any right, power, or privilege + with respect to such property; or + (C) conducting any transaction involving such property. + (7) Restriction on exports, reexports, and transfers.--The + President, in consultation with the Secretary of Commerce, may + restrict or prohibit exports, reexports, and transfers (in-country) + of commodities, software, and technology subject to the + jurisdiction of the United States directly or indirectly to the + foreign financial institution. + (8) Ban on investment in equity or debt.--The President may, + pursuant to such regulations or guidelines as the President may + prescribe, prohibit any United States person from investing in or + purchasing significant amounts of equity or debt instruments of the + foreign financial institution. + (9) Exclusion of corporate officers.--The President may direct + the Secretary of State, in consultation with the Secretary of the + Treasury and the Secretary of Homeland Security, to exclude from + the United States any alien that is determined to be a corporate + officer or principal of, or a shareholder with a controlling + interest in, the foreign financial institution, subject to + regulatory exceptions to permit the United States to comply with + the Agreement regarding the Headquarters of the United Nations, + signed at Lake Success June 26, 1947, and entered into force + November 21, 1947, between the United Nations and the United + States, or other applicable international obligations. + (10) Sanctions on principal executive officers.--The President + may impose on the principal executive officer or officers of the + foreign financial institution, or on individuals performing similar + functions and with similar authorities as such officer or officers, + any of the sanctions described in paragraphs (1) through (8) that + are applicable. (c) Timing of Sanctions.--The President may impose sanctions required under subsection (a) with respect to a financial institution included in the report under section 5(b) or an update to that report under section 5(e) beginning on the day on which the financial institution is included in that report or update. - SEC. 8. WAIVER, TERMINATION, EXCEPTIONS, AND CONGRESSIONAL REVIEW - PROCESS. - +PROCESS. (a) National Security Waiver.--Unless a disapproval resolution is enacted under subsection (e), the President may waive the application of sanctions under section 6 or 7 with respect to a foreign person or foreign financial institution if the President-- - (1) determines that the waiver is in the national security - interest of the United States; and - (2) submits to the appropriate congressional committees and - leadership a report on the determination and the reasons for - the determination. + (1) determines that the waiver is in the national security + interest of the United States; and + (2) submits to the appropriate congressional committees and + leadership a report on the determination and the reasons for the + determination. (b) Termination of Sanctions and Removal From Report.--Unless a disapproval resolution is enacted under subsection (e), the President may terminate the application of sanctions under section 6 or 7 with @@ -650,245 +586,208 @@ foreign financial institution from the report required under section with the Secretary of the Treasury, determines that the actions taken by the foreign person or foreign financial institution that led to the imposition of sanctions-- - (1) do not have a significant and lasting negative effect - that contravenes the obligations of China under the Joint - Declaration and the Basic Law; - (2) are not likely to be repeated in the future; and - (3) have been reversed or otherwise mitigated through - positive countermeasures taken by that foreign person or - foreign financial institution. + (1) do not have a significant and lasting negative effect that + contravenes the obligations of China under the Joint Declaration + and the Basic Law; + (2) are not likely to be repeated in the future; and + (3) have been reversed or otherwise mitigated through positive + countermeasures taken by that foreign person or foreign financial + institution. (c) Termination of Act.-- - (1) Report.-- - (A) In general.--Not later than July 1, 2046, the - President, in consultation with the Secretary of State, - the Secretary of the Treasury, and the heads of such - other Federal agencies as the President considers - appropriate, shall submit to Congress a report - evaluating the implementation of this Act and sanctions - imposed pursuant to this Act. - (B) Elements.--The President shall include in the - report submitted under subparagraph (A) an assessment - of whether this Act and the sanctions imposed pursuant - to this Act should be terminated. - (2) Termination.--This Act and the sanctions imposed - pursuant to this Act shall remain in effect unless a - termination resolution is enacted under subsection (e) after - July 1, 2047. + (1) Report.-- + (A) In general.--Not later than July 1, 2046, the + President, in consultation with the Secretary of State, the + Secretary of the Treasury, and the heads of such other Federal + agencies as the President considers appropriate, shall submit + to Congress a report evaluating the implementation of this Act + and sanctions imposed pursuant to this Act. + (B) Elements.--The President shall include in the report + submitted under subparagraph (A) an assessment of whether this + Act and the sanctions imposed pursuant to this Act should be + terminated. + (2) Termination.--This Act and the sanctions imposed pursuant + to this Act shall remain in effect unless a termination resolution + is enacted under subsection (e) after July 1, 2047. (d) Exception Relating to Importation of Goods.-- - (1) In general.--The authorities and requirements to impose - sanctions under sections 6 and 7 shall not include the - authority or requirement to impose sanctions on the importation - of goods. - (2) Good defined.--In this subsection, the term ``good'' - means any article, natural or manmade substance, material, - supply, or manufactured product, including inspection and test - equipment, and excluding technical data. + (1) In general.--The authorities and requirements to impose + sanctions under sections 6 and 7 shall not include the authority or + requirement to impose sanctions on the importation of goods. + (2) Good defined.--In this subsection, the term ``good'' means + any article, natural or manmade substance, material, supply, or + manufactured product, including inspection and test equipment, and + excluding technical data. (e) Congressional Review.-- - (1) Resolutions.-- - (A) Disapproval resolution.--In this section, the - term ``disapproval resolution'' means only a joint - resolution of either House of Congress-- - (i) the title of which is as follows: ``A - joint resolution disapproving the waiver or - termination of sanctions with respect to a - foreign person that contravenes the obligations - of China with respect to Hong Kong or a foreign - financial institution that conducts a - significant transaction with that person.''; - and - (ii) the sole matter after the resolving - clause of which is the following: ``Congress - disapproves of the action under section 8 of - the Hong Kong Autonomy Act relating to the - application of sanctions imposed with respect - to a foreign person that contravenes the - obligations of China with respect to Hong Kong, - or a foreign financial institution that - conducts a significant transaction with that - person, on _______ relating to ________.'', - with the first blank space being filled with - the appropriate date and the second blank space - being filled with a short description of the - proposed action. - (B) Termination resolution.--In this section, the - term ``termination resolution'' means only a joint - resolution of either House of Congress-- - (i) the title of which is as follows: ``A - joint resolution terminating sanctions with - respect to foreign persons that contravene the - obligations of China with respect to Hong Kong - and foreign financial institutions that conduct - significant transactions with those persons.''; - and - (ii) the sole matter after the resolving - clause of which is the following: ``The Hong - Kong Autonomy Act and any sanctions imposed - pursuant to that Act shall terminate on - ____.'', with the blank space being filled with - the termination date. - (C) Covered resolution.--In this subsection, the - term ``covered resolution'' means a disapproval - resolution or a termination resolution. - (2) Introduction.--A covered resolution may be introduced-- - (A) in the House of Representatives, by the - majority leader or the minority leader; and - (B) in the Senate, by the majority leader (or the - majority leader's designee) or the minority leader (or - the minority leader's designee). - (3) Floor consideration in house of representatives.--If a - committee of the House of Representatives to which a covered - resolution has been referred has not reported the resolution - within 10 legislative days after the date of referral, that - committee shall be discharged from further consideration of the - resolution. - (4) Consideration in the senate.-- - (A) Committee referral.-- - (i) Disapproval resolution.--A disapproval - resolution introduced in the Senate shall be-- - (I) referred to the Committee on - Banking, Housing, and Urban Affairs if - the resolution relates to an action - that is not intended to significantly - alter United States foreign policy with - regard to China; and - (II) referred to the Committee on - Foreign Relations if the resolution - relates to an action that is intended - to significantly alter United States - foreign policy with regard to China. - (ii) Termination resolution.--A termination - resolution introduced in the Senate shall be - referred to the Committee on Banking, Housing, - and Urban Affairs and the Committee on Foreign - Relations. - (B) Reporting and discharge.--If a committee to - which a covered resolution was referred has not - reported the resolution within 10 legislative days - after the date of referral of the resolution, that - committee shall be discharged from further - consideration of the resolution and the resolution - shall be placed on the appropriate calendar. - (C) Proceeding to consideration.--Notwithstanding - Rule XXII of the Standing Rules of the Senate, it is in - order at any time after the Committee on Banking, - Housing, and Urban Affairs or the Committee on Foreign - Relations, as the case may be, reports a covered - resolution to the Senate or has been discharged from - consideration of such a resolution (even though a - previous motion to the same effect has been disagreed - to) to move to proceed to the consideration of the - resolution, and all points of order against the - resolution (and against consideration of the - resolution) are waived. The motion to proceed is not - debatable. The motion is not subject to a motion to - postpone. A motion to reconsider the vote by which the - motion is agreed to or disagreed to shall not be in - order. - (D) Rulings of the chair on procedure.--Appeals - from the decisions of the Chair relating to the - application of the rules of the Senate, as the case may - be, to the procedure relating to a covered resolution - shall be decided without debate. - (E) Consideration of veto messages.--Debate in the - Senate of any veto message with respect to a covered - resolution, including all debatable motions and appeals - in connection with the resolution, shall be limited to - 10 hours, to be equally divided between, and controlled - by, the majority leader and the minority leader or - their designees. - (5) Rules relating to senate and house of - representatives.-- - (A) Treatment of senate resolution in house.--In - the House of Representatives, the following procedures - shall apply to a covered resolution received from the - Senate (unless the House has already passed a - resolution relating to the same proposed action): - (i) The resolution shall be referred to the - appropriate committees. - (ii) If a committee to which a resolution - has been referred has not reported the - resolution within 10 legislative days after the - date of referral, that committee shall be - discharged from further consideration of the - resolution. - (iii) Beginning on the third legislative - day after each committee to which a resolution - has been referred reports the resolution to the - House or has been discharged from further - consideration thereof, it shall be in order to - move to proceed to consider the resolution in - the House. All points of order against the - motion are waived. Such a motion shall not be - in order after the House has disposed of a - motion to proceed on the resolution. The - previous question shall be considered as - ordered on the motion to its adoption without - intervening motion. The motion shall not be - debatable. A motion to reconsider the vote by - which the motion is disposed of shall not be in - order. - (iv) The resolution shall be considered as - read. All points of order against the - resolution and against its consideration are - waived. The previous question shall be - considered as ordered on the resolution to - final passage without intervening motion except - 2 hours of debate equally divided and - controlled by the offeror of the motion to - proceed (or a designee) and an opponent. A - motion to reconsider the vote on passage of the - resolution shall not be in order. - (B) Treatment of house resolution in senate.-- - (i) Received before passage of senate - resolution.--If, before the passage by the - Senate of a covered resolution, the Senate - receives an identical resolution from the House - of Representatives, the following procedures - shall apply: - (I) That resolution shall not be - referred to a committee. - (II) With respect to that - resolution-- - (aa) the procedure in the - Senate shall be the same as if - no resolution had been received - from the House of - Representatives; but - (bb) the vote on passage - shall be on the resolution from - the House of Representatives. - (ii) Received after passage of senate - resolution.--If, following passage of a covered - resolution in the Senate, the Senate receives - an identical resolution from the House of - Representatives, that resolution shall be - placed on the appropriate Senate calendar. - (iii) No senate companion.--If a covered - resolution is received from the House of - Representatives, and no companion resolution - has been introduced in the Senate, the Senate - procedures under this subsection shall apply to - the resolution from the House of - Representatives. - (C) Application to revenue measures.--The - provisions of this paragraph shall not apply in the - House of Representatives to a covered resolution that - is a revenue measure. - (6) Rules of house of representatives and senate.--This - subsection is enacted by Congress-- - (A) as an exercise of the rulemaking power of the - Senate and the House of Representatives, respectively, - and as such is deemed a part of the rules of each - House, respectively, and supersedes other rules only to - the extent that it is inconsistent with such rules; and - (B) with full recognition of the constitutional - right of either House to change the rules (so far as - relating to the procedure of that House) at any time, - in the same manner, and to the same extent as in the - case of any other rule of that House. - + (1) Resolutions.-- + (A) Disapproval resolution.--In this section, the term + ``disapproval resolution'' means only a joint resolution of + either House of Congress-- + (i) the title of which is as follows: ``A joint + resolution disapproving the waiver or termination of + sanctions with respect to a foreign person that contravenes + the obligations of China with respect to Hong Kong or a + foreign financial institution that conducts a significant + transaction with that person.''; and + (ii) the sole matter after the resolving clause of + which is the following: ``Congress disapproves of the + action under section 8 of the Hong Kong Autonomy Act + relating to the application of sanctions imposed with + respect to a foreign person that contravenes the + obligations of China with respect to Hong Kong, or a + foreign financial institution that conducts a significant + transaction with that person, on _______ relating to + ________.'', with the first blank space being filled with + the appropriate date and the second blank space being + filled with a short description of the proposed action. + (B) Termination resolution.--In this section, the term + ``termination resolution'' means only a joint resolution of + either House of Congress-- + (i) the title of which is as follows: ``A joint + resolution terminating sanctions with respect to foreign + persons that contravene the obligations of China with + respect to Hong Kong and foreign financial institutions + that conduct significant transactions with those + persons.''; and + (ii) the sole matter after the resolving clause of + which is the following: ``The Hong Kong Autonomy Act and + any sanctions imposed pursuant to that Act shall terminate + on ____.'', with the blank space being filled with the + termination date. + (C) Covered resolution.--In this subsection, the term + ``covered resolution'' means a disapproval resolution or a + termination resolution. + (2) Introduction.--A covered resolution may be introduced-- + (A) in the House of Representatives, by the majority leader + or the minority leader; and + (B) in the Senate, by the majority leader (or the majority + leader's designee) or the minority leader (or the minority + leader's designee). + (3) Floor consideration in house of representatives.--If a + committee of the House of Representatives to which a covered + resolution has been referred has not reported the resolution within + 10 legislative days after the date of referral, that committee + shall be discharged from further consideration of the resolution. + (4) Consideration in the senate.-- + (A) Committee referral.-- + (i) Disapproval resolution.--A disapproval resolution + introduced in the Senate shall be-- + + (I) referred to the Committee on Banking, Housing, + and Urban Affairs if the resolution relates to an + action that is not intended to significantly alter + United States foreign policy with regard to China; and + (II) referred to the Committee on Foreign Relations + if the resolution relates to an action that is intended + to significantly alter United States foreign policy + with regard to China. + + (ii) Termination resolution.--A termination resolution + introduced in the Senate shall be referred to the Committee + on Banking, Housing, and Urban Affairs and the Committee on + Foreign Relations. + (B) Reporting and discharge.--If a committee to which a + covered resolution was referred has not reported the resolution + within 10 legislative days after the date of referral of the + resolution, that committee shall be discharged from further + consideration of the resolution and the resolution shall be + placed on the appropriate calendar. + (C) Proceeding to consideration.--Notwithstanding Rule XXII + of the Standing Rules of the Senate, it is in order at any time + after the Committee on Banking, Housing, and Urban Affairs or + the Committee on Foreign Relations, as the case may be, reports + a covered resolution to the Senate or has been discharged from + consideration of such a resolution (even though a previous + motion to the same effect has been disagreed to) to move to + proceed to the consideration of the resolution, and all points + of order against the resolution (and against consideration of + the resolution) are waived. The motion to proceed is not + debatable. The motion is not subject to a motion to postpone. A + motion to reconsider the vote by which the motion is agreed to + or disagreed to shall not be in order. + (D) Rulings of the chair on procedure.--Appeals from the + decisions of the Chair relating to the application of the rules + of the Senate, as the case may be, to the procedure relating to + a covered resolution shall be decided without debate. + (E) Consideration of veto messages.--Debate in the Senate + of any veto message with respect to a covered resolution, + including all debatable motions and appeals in connection with + the resolution, shall be limited to 10 hours, to be equally + divided between, and controlled by, the majority leader and the + minority leader or their designees. + (5) Rules relating to senate and house of representatives.-- + (A) Treatment of senate resolution in house.--In the House + of Representatives, the following procedures shall apply to a + covered resolution received from the Senate (unless the House + has already passed a resolution relating to the same proposed + action): + (i) The resolution shall be referred to the appropriate + committees. + (ii) If a committee to which a resolution has been + referred has not reported the resolution within 10 + legislative days after the date of referral, that committee + shall be discharged from further consideration of the + resolution. + (iii) Beginning on the third legislative day after each + committee to which a resolution has been referred reports + the resolution to the House or has been discharged from + further consideration thereof, it shall be in order to move + to proceed to consider the resolution in the House. All + points of order against the motion are waived. Such a + motion shall not be in order after the House has disposed + of a motion to proceed on the resolution. The previous + question shall be considered as ordered on the motion to + its adoption without intervening motion. The motion shall + not be debatable. A motion to reconsider the vote by which + the motion is disposed of shall not be in order. + (iv) The resolution shall be considered as read. All + points of order against the resolution and against its + consideration are waived. The previous question shall be + considered as ordered on the resolution to final passage + without intervening motion except 2 hours of debate equally + divided and controlled by the offeror of the motion to + proceed (or a designee) and an opponent. A motion to + reconsider the vote on passage of the resolution shall not + be in order. + (B) Treatment of house resolution in senate.-- + (i) Received before passage of senate resolution.--If, + before the passage by the Senate of a covered resolution, + the Senate receives an identical resolution from the House + of Representatives, the following procedures shall apply: + + (I) That resolution shall not be referred to a + committee. + (II) With respect to that resolution-- + + (aa) the procedure in the Senate shall be the + same as if no resolution had been received from the + House of Representatives; but + (bb) the vote on passage shall be on the + resolution from the House of Representatives. + (ii) Received after passage of senate resolution.--If, + following passage of a covered resolution in the Senate, + the Senate receives an identical resolution from the House + of Representatives, that resolution shall be placed on the + appropriate Senate calendar. + (iii) No senate companion.--If a covered resolution is + received from the House of Representatives, and no + companion resolution has been introduced in the Senate, the + Senate procedures under this subsection shall apply to the + resolution from the House of Representatives. + (C) Application to revenue measures.--The provisions of + this paragraph shall not apply in the House of Representatives + to a covered resolution that is a revenue measure. + (6) Rules of house of representatives and senate.--This + subsection is enacted by Congress-- + (A) as an exercise of the rulemaking power of the Senate + and the House of Representatives, respectively, and as such is + deemed a part of the rules of each House, respectively, and + supersedes other rules only to the extent that it is + inconsistent with such rules; and + (B) with full recognition of the constitutional right of + either House to change the rules (so far as relating to the + procedure of that House) at any time, in the same manner, and + to the same extent as in the case of any other rule of that + House. SEC. 9. IMPLEMENTATION; PENALTIES. - (a) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary @@ -900,16 +799,11 @@ 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. 10. RULE OF CONSTRUCTION. - + SEC. 10. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as an authorization of military force against China. - Passed the House of Representatives July 1, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 8e0cbde6209bd8720d4a48105885d32d2f8cb8f5 Mon Sep 17 00:00:00 2001 From: "Rep. Kennedy, Joseph P., III [D-MA-4]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 617/984] House-7460: Introduced to House --- bills_text/House-7460.txt | 49 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 49 insertions(+) create mode 100644 bills_text/House-7460.txt diff --git a/bills_text/House-7460.txt b/bills_text/House-7460.txt new file mode 100644 index 0000000..5dbc624 --- /dev/null +++ b/bills_text/House-7460.txt @@ -0,0 +1,49 @@ +116th CONGRESS + 2d Session + H. R. 7460 + + To extend the authority for the establishment by the Peace Corps + Commemorative Foundation of a commemorative work to commemorate the +mission of the Peace Corps and the ideals on which the Peace Corps was + founded, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 1, 2020 + + Mr. Kennedy (for himself and Mr. Graves of Louisiana) introduced the + following bill; which was referred to the Committee on Natural + Resources + +_______________________________________________________________________ + + A BILL + + + + To extend the authority for the establishment by the Peace Corps + Commemorative Foundation of a commemorative work to commemorate the +mission of the Peace Corps and the ideals on which the Peace Corps was + founded, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Peace Corps Commemorative Work +Extension Act''. + +SEC. 2. EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF COMMEMORATIVE WORK + TO COMMEMORATE THE MISSION OF THE PEACE CORPS AND THE + IDEALS ON WHICH THE PEACE CORPS WAS FOUNDED. + + Notwithstanding section 8903(e) of title 40, United States Code, +the authority to establish the commemorative work under section 1(a) of +Public Law 113-78 (40 U.S.C. 8903 note; 128 Stat. 647) shall continue +to apply through January 24, 2028. + \ No newline at end of file From 8b09086e2291f1daaf4025afd65410f49306d31c Mon Sep 17 00:00:00 2001 From: "Rep. Kennedy, Joseph P., III [D-MA-4]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 618/984] House-7460: Engrossed in House --- bills_text/House-7460.txt | 40 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 19 deletions(-) diff --git a/bills_text/House-7460.txt b/bills_text/House-7460.txt index 5dbc624..85a8a79 100644 --- a/bills_text/House-7460.txt +++ b/bills_text/House-7460.txt @@ -2,26 +2,9 @@ 2d Session H. R. 7460 - To extend the authority for the establishment by the Peace Corps - Commemorative Foundation of a commemorative work to commemorate the -mission of the Peace Corps and the ideals on which the Peace Corps was - founded, and for other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - July 1, 2020 - - Mr. Kennedy (for himself and Mr. Graves of Louisiana) introduced the - following bill; which was referred to the Committee on Natural - Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -46,4 +29,23 @@ SEC. 2. EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF COMMEMORATIVE WORK the authority to establish the commemorative work under section 1(a) of Public Law 113-78 (40 U.S.C. 8903 note; 128 Stat. 647) shall continue to apply through January 24, 2028. - \ No newline at end of file + + Passed the House of Representatives December 17, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7460 + +_______________________________________________________________________ + + AN ACT + + To extend the authority for the establishment by the Peace Corps + Commemorative Foundation of a commemorative work to commemorate the +mission of the Peace Corps and the ideals on which the Peace Corps was + founded, and for other purposes. From 0ecbcdb65f66572d9e2c822f0276a37e3fa5bda7 Mon Sep 17 00:00:00 2001 From: "Rep. Kennedy, Joseph P., III [D-MA-4]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 619/984] House-7460: Received in Senate --- bills_text/House-7460.txt | 26 ++++++++++++-------------- 1 file changed, 12 insertions(+), 14 deletions(-) diff --git a/bills_text/House-7460.txt b/bills_text/House-7460.txt index 85a8a79..c6f5257 100644 --- a/bills_text/House-7460.txt +++ b/bills_text/House-7460.txt @@ -2,6 +2,16 @@ 2d Session H. R. 7460 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 18, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -34,18 +44,6 @@ to apply through January 24, 2028. Attest: - Clerk. -116th CONGRESS - - 2d Session + CHERYL L. JOHNSON, - H. R. 7460 - -_______________________________________________________________________ - - AN ACT - - To extend the authority for the establishment by the Peace Corps - Commemorative Foundation of a commemorative work to commemorate the -mission of the Peace Corps and the ideals on which the Peace Corps was - founded, and for other purposes. + Clerk. From f3363b5204d20a657ef5a64c77344c72ae6a26f6 Mon Sep 17 00:00:00 2001 From: "Rep. Kennedy, Joseph P., III [D-MA-4]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 620/984] House-7460: Enrolled --- bills_text/House-7460.txt | 38 +++++++++++++++----------------------- 1 file changed, 15 insertions(+), 23 deletions(-) diff --git a/bills_text/House-7460.txt b/bills_text/House-7460.txt index c6f5257..ecf5969 100644 --- a/bills_text/House-7460.txt +++ b/bills_text/House-7460.txt @@ -1,49 +1,41 @@ -116th CONGRESS - 2d Session - H. R. 7460 + H.R.7460 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 18, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To extend the authority for the establishment by the Peace Corps + To extend the authority for the establishment by the Peace Corps Commemorative Foundation of a commemorative work to commemorate the -mission of the Peace Corps and the ideals on which the Peace Corps was + mission of the Peace Corps and the ideals on which the Peace Corps was founded, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Peace Corps Commemorative Work Extension Act''. - SEC. 2. EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF COMMEMORATIVE WORK - TO COMMEMORATE THE MISSION OF THE PEACE CORPS AND THE - IDEALS ON WHICH THE PEACE CORPS WAS FOUNDED. - +TO COMMEMORATE THE MISSION OF THE PEACE CORPS AND THE IDEALS ON WHICH +THE PEACE CORPS WAS FOUNDED. Notwithstanding section 8903(e) of title 40, United States Code, the authority to establish the commemorative work under section 1(a) of Public Law 113-78 (40 U.S.C. 8903 note; 128 Stat. 647) shall continue to apply through January 24, 2028. - Passed the House of Representatives December 17, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 251f3c5bb91184aaf057b56ab25eb1af40353cdd Mon Sep 17 00:00:00 2001 From: "Rep. Axne, Cynthia [D-IA-3]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 621/984] House-7502: Introduced to House --- bills_text/House-7502.txt | 43 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 43 insertions(+) create mode 100644 bills_text/House-7502.txt diff --git a/bills_text/House-7502.txt b/bills_text/House-7502.txt new file mode 100644 index 0000000..64164d7 --- /dev/null +++ b/bills_text/House-7502.txt @@ -0,0 +1,43 @@ +116th CONGRESS + 2d Session + H. R. 7502 + + To designate the facility of the United States Postal Service located + at 101 South 16th Street in Clarinda, Iowa, as the ``Jessie Field + Shambaugh Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 9, 2020 + + Mrs. Axne (for herself, Ms. Finkenauer, Mr. Loebsack, and Mr. King of + Iowa) introduced the following bill; which was referred to the + Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 101 South 16th Street in Clarinda, Iowa, as the ``Jessie Field + Shambaugh Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. JESSIE FIELD SHAMBAUGH POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 101 South 16th Street in Clarinda, Iowa, shall be known and +designated as the ``Jessie Field Shambaugh Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Jessie +Field Shambaugh Post Office Building''. + \ No newline at end of file From b3a9515d03ef3eabe1bcde0b2f8943c74ef64091 Mon Sep 17 00:00:00 2001 From: "Rep. Axne, Cynthia [D-IA-3]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 622/984] House-7502: Engrossed in House --- bills_text/House-7502.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/House-7502.txt b/bills_text/House-7502.txt index 64164d7..78202db 100644 --- a/bills_text/House-7502.txt +++ b/bills_text/House-7502.txt @@ -2,25 +2,9 @@ 2d Session H. R. 7502 - To designate the facility of the United States Postal Service located - at 101 South 16th Street in Clarinda, Iowa, as the ``Jessie Field - Shambaugh Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - July 9, 2020 - - Mrs. Axne (for herself, Ms. Finkenauer, Mr. Loebsack, and Mr. King of - Iowa) introduced the following bill; which was referred to the - Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -40,4 +24,22 @@ designated as the ``Jessie Field Shambaugh Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jessie Field Shambaugh Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7502 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 101 South 16th Street in Clarinda, Iowa, as the ``Jessie Field + Shambaugh Post Office Building''. From 3efecd5c0cd2ec298f87e94d11e7c1403e6e7fdf Mon Sep 17 00:00:00 2001 From: "Rep. Axne, Cynthia [D-IA-3]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 623/984] House-7502: Enrolled --- bills_text/House-7502.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-7502.txt b/bills_text/House-7502.txt index 78202db..29aba93 100644 --- a/bills_text/House-7502.txt +++ b/bills_text/House-7502.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 7502 + H.R.7502 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 101 South 16th Street in Clarinda, Iowa, as the ``Jessie Field - Shambaugh Post Office Building''. +To designate the facility of the United States Postal Service located at +101 South 16th Street in Clarinda, Iowa, as the ``Jessie Field Shambaugh + Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. JESSIE FIELD SHAMBAUGH POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 101 South 16th Street in Clarinda, Iowa, shall be known and designated as the ``Jessie Field Shambaugh Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jessie Field Shambaugh Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 7502 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 101 South 16th Street in Clarinda, Iowa, as the ``Jessie Field - Shambaugh Post Office Building''. + Vice President of the United States and + President of the Senate. From 850ce3c259ec00ccfb0fc247019abd71504dcc25 Mon Sep 17 00:00:00 2001 From: "Rep. Olson, Pete [R-TX-22]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 624/984] House-7810: Introduced to House --- bills_text/House-7810.txt | 49 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 49 insertions(+) create mode 100644 bills_text/House-7810.txt diff --git a/bills_text/House-7810.txt b/bills_text/House-7810.txt new file mode 100644 index 0000000..0458bfe --- /dev/null +++ b/bills_text/House-7810.txt @@ -0,0 +1,49 @@ +116th CONGRESS + 2d Session + H. R. 7810 + + To designate the facility of the United States Postal Service located + at 3519 East Walnut Street in Pearland, Texas, as the ``Tom Reid Post + Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 29, 2020 + + Mr. Olson (for himself, Mr. Gohmert, Mr. Crenshaw, Mr. Taylor, Mr. + Gooden, Mr. Wright, Mrs. Fletcher, Mr. Brady, Mr. Green of Texas, Mr. + McCaul, Mr. Conaway, Ms. Granger, Mr. Thornberry, Mr. Weber of Texas, + Mr. Gonzalez of Texas, Ms. Escobar, Mr. Flores, Ms. Jackson Lee, Mr. + Arrington, Mr. Castro of Texas, Mr. Roy, Mr. Hurd of Texas, Mr. +Marchant, Mr. Williams, Mr. Burgess, Mr. Cloud, Mr. Cuellar, Ms. Garcia + of Texas, Ms. Johnson of Texas, Mr. Carter of Texas, Mr. Allred, Mr. +Veasey, Mr. Vela, Mr. Doggett, and Mr. Babin) introduced the following + bill; which was referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 3519 East Walnut Street in Pearland, Texas, as the ``Tom Reid Post + Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. TILDEN VETERANS POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 3519 East Walnut Street in Pearland, Texas, shall be known +and designated as the ``Tom Reid Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Tom Reid +Post Office Building''. + \ No newline at end of file From ca07905aaf6bb69bd241668ba02045d8be13314d Mon Sep 17 00:00:00 2001 From: "Rep. Olson, Pete [R-TX-22]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 625/984] House-7810: Engrossed in House --- bills_text/House-7810.txt | 44 ++++++++++++++++++--------------------- 1 file changed, 20 insertions(+), 24 deletions(-) diff --git a/bills_text/House-7810.txt b/bills_text/House-7810.txt index 0458bfe..5019098 100644 --- a/bills_text/House-7810.txt +++ b/bills_text/House-7810.txt @@ -2,31 +2,9 @@ 2d Session H. R. 7810 - To designate the facility of the United States Postal Service located - at 3519 East Walnut Street in Pearland, Texas, as the ``Tom Reid Post - Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - July 29, 2020 - - Mr. Olson (for himself, Mr. Gohmert, Mr. Crenshaw, Mr. Taylor, Mr. - Gooden, Mr. Wright, Mrs. Fletcher, Mr. Brady, Mr. Green of Texas, Mr. - McCaul, Mr. Conaway, Ms. Granger, Mr. Thornberry, Mr. Weber of Texas, - Mr. Gonzalez of Texas, Ms. Escobar, Mr. Flores, Ms. Jackson Lee, Mr. - Arrington, Mr. Castro of Texas, Mr. Roy, Mr. Hurd of Texas, Mr. -Marchant, Mr. Williams, Mr. Burgess, Mr. Cloud, Mr. Cuellar, Ms. Garcia - of Texas, Ms. Johnson of Texas, Mr. Carter of Texas, Mr. Allred, Mr. -Veasey, Mr. Vela, Mr. Doggett, and Mr. Babin) introduced the following - bill; which was referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -46,4 +24,22 @@ and designated as the ``Tom Reid Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Tom Reid Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7810 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 3519 East Walnut Street in Pearland, Texas, as the ``Tom Reid Post + Office Building''. From 1546d2d7a6319fb27215d70262c2de8e6066f466 Mon Sep 17 00:00:00 2001 From: "Rep. Olson, Pete [R-TX-22]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 626/984] House-7810: Enrolled --- bills_text/House-7810.txt | 45 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/House-7810.txt b/bills_text/House-7810.txt index 5019098..cce1f30 100644 --- a/bills_text/House-7810.txt +++ b/bills_text/House-7810.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 7810 + H.R.7810 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 3519 East Walnut Street in Pearland, Texas, as the ``Tom Reid Post +To designate the facility of the United States Postal Service located at + 3519 East Walnut Street in Pearland, Texas, as the ``Tom Reid Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. TILDEN VETERANS POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 3519 East Walnut Street in Pearland, Texas, shall be known and designated as the ``Tom Reid Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Tom Reid Post Office Building''. - Passed the House of Representatives December 10, 2020. + Speaker of the House of Representatives. - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 7810 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located - at 3519 East Walnut Street in Pearland, Texas, as the ``Tom Reid Post - Office Building''. + Vice President of the United States and + President of the Senate. From 4b81739016f0371232cac2dacc482facb7dc4c5d Mon Sep 17 00:00:00 2001 From: "Rep. Burgess, Michael C. [R-TX-26]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 627/984] House-7898: Introduced to House --- bills_text/House-7898.txt | 48 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 bills_text/House-7898.txt diff --git a/bills_text/House-7898.txt b/bills_text/House-7898.txt new file mode 100644 index 0000000..0b4e8ba --- /dev/null +++ b/bills_text/House-7898.txt @@ -0,0 +1,48 @@ +116th CONGRESS + 2d Session + H. R. 7898 + + To amend title XXX of the Public Health Services Act to provide for a +technical correction to provide the Inspector General of the Department + of Health and Human Service certain authorities with respect to + investigations of information blocking, and for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + July 31, 2020 + +Mr. Burgess (for himself and Mr. Welch) introduced the following bill; + which was referred to the Committee on Energy and Commerce + +_______________________________________________________________________ + + A BILL + + + + To amend title XXX of the Public Health Services Act to provide for a +technical correction to provide the Inspector General of the Department + of Health and Human Service certain authorities with respect to + investigations of information blocking, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. TECHNICAL CORRECTION. + + (a) In General.--Section 3022(b) of the Public Health Service Act +(42 U.S.C. 300jj-52(b)) is amended by adding at the end the following +new paragraph: + ``(4) Application of authorities under inspector general + act of 1978.--In carrying out this subsection, the Inspector + General shall have the same authorities as provided under + section 6 of the Inspector General Act of 1978 (5 U.S.C. + App.).''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect as if included in the enactment of the 21st Century Cures +Act (Public Law 114-255). + \ No newline at end of file From e48b91c759159e26b1c28d41f280320e586e35b5 Mon Sep 17 00:00:00 2001 From: "Rep. Burgess, Michael C. [R-TX-26]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 628/984] House-7898: Engrossed in House --- bills_text/House-7898.txt | 107 ++++++++++++++++++++++++++++++-------- 1 file changed, 85 insertions(+), 22 deletions(-) diff --git a/bills_text/House-7898.txt b/bills_text/House-7898.txt index 0b4e8ba..d9370ca 100644 --- a/bills_text/House-7898.txt +++ b/bills_text/House-7898.txt @@ -2,37 +2,80 @@ 2d Session H. R. 7898 - To amend title XXX of the Public Health Services Act to provide for a -technical correction to provide the Inspector General of the Department - of Health and Human Service certain authorities with respect to - investigations of information blocking, and for other purposes. - - _______________________________________________________________________ + AN ACT - IN THE HOUSE OF REPRESENTATIVES - - July 31, 2020 -Mr. Burgess (for himself and Mr. Welch) introduced the following bill; - which was referred to the Committee on Energy and Commerce + + To amend the Health Information Technology for Economic and Clinical + Health Act to require the Secretary of Health and Human Services to +consider certain recognized security practices of covered entities and + business associates when making certain determinations, and for other + purposes. -_______________________________________________________________________ + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, - A BILL +SECTION 1. RECOGNITION OF SECURITY PRACTICES. + Part 1 of subtitle D of the Health Information Technology for +Economic and Clinical Health Act (42 U.S.C. 17931 et seq.) is amended +by adding at the end the following: - - To amend title XXX of the Public Health Services Act to provide for a -technical correction to provide the Inspector General of the Department - of Health and Human Service certain authorities with respect to - investigations of information blocking, and for other purposes. +``SEC. 13412. RECOGNITION OF SECURITY PRACTICES. - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, + ``(a) In General.--Consistent with the authority of the Secretary +under sections 1176 and 1177 of the Social Security Act, when making +determinations relating to fines under such section 1176 (as amended by +section 13410) or such section 1177, decreasing the length and extent +of an audit under section 13411, or remedies otherwise agreed to by the +Secretary, the Secretary shall consider whether the covered entity or +business associate has adequately demonstrated that it had, for not +less than the previous 12 months, recognized security practices in +place that may-- + ``(1) mitigate fines under section 1176 of the Social + Security Act (as amended by section 13410); + ``(2) result in the early, favorable termination of an + audit under section 13411; and + ``(3) mitigate the remedies that would otherwise be agreed + to in any agreement with respect to resolving potential + violations of the HIPAA Security rule (part 160 of title 45 + Code of Federal Regulations and subparts A and C of part 164 of + such title) between the covered entity or business associate + and the Department of Health and Human Services. + ``(b) Definition and Miscellaneous Provisions.-- + ``(1) Recognized security practices.--The term `recognized + security practices' means the standards, guidelines, best + practices, methodologies, procedures, and processes developed + under section 2(c)(15) of the National Institute of Standards + and Technology Act, the approaches promulgated under section + 405(d) of the Cybersecurity Act of 2015, and other programs and + processes that address cybersecurity and that are developed, + recognized, or promulgated through regulations under other + statutory authorities. Such practices shall be determined by + the covered entity or business associate, consistent with the + HIPAA Security rule (part 160 of title 45 Code of Federal + Regulations and subparts A and C of part 164 of such title). + ``(2) Limitation.--Nothing in this section shall be + construed as providing the Secretary authority to increase + fines under section 1176 of the Social Security Act (as amended + by section 13410), or the length, extent or quantity of audits + under section 13411, due to a lack of compliance with the + recognized security practices. + ``(3) No liability for nonparticipation.--Subject to + paragraph (4), nothing in this section shall be construed to + subject a covered entity or business associate to liability for + electing not to engage in the recognized security practices + defined by this section. + ``(4) Rule of construction.--Nothing in this section shall + be construed to limit the Secretary's authority to enforce the + HIPAA Security rule (part 160 of title 45 Code of Federal + Regulations and subparts A and C of part 164 of such title), or + to supersede or conflict with an entity or business associate's + obligations under the HIPAA Security rule.''. -SECTION 1. TECHNICAL CORRECTION. +SEC. 2. TECHNICAL CORRECTION. (a) In General.--Section 3022(b) of the Public Health Service Act (42 U.S.C. 300jj-52(b)) is amended by adding at the end the following @@ -45,4 +88,24 @@ new paragraph: (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the 21st Century Cures Act (Public Law 114-255). - \ No newline at end of file + + Passed the House of Representatives December 9, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 7898 + +_______________________________________________________________________ + + AN ACT + + To amend the Health Information Technology for Economic and Clinical + Health Act to require the Secretary of Health and Human Services to +consider certain recognized security practices of covered entities and + business associates when making certain determinations, and for other + purposes. From 343972b40b241a75613626a705cacaba8a20c72f Mon Sep 17 00:00:00 2001 From: "Rep. Burgess, Michael C. [R-TX-26]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 629/984] House-7898: Received in Senate --- bills_text/House-7898.txt | 27 ++++++++++++--------------- 1 file changed, 12 insertions(+), 15 deletions(-) diff --git a/bills_text/House-7898.txt b/bills_text/House-7898.txt index d9370ca..a611f6c 100644 --- a/bills_text/House-7898.txt +++ b/bills_text/House-7898.txt @@ -2,6 +2,16 @@ 2d Session H. R. 7898 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 10, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -93,19 +103,6 @@ Act (Public Law 114-255). Attest: - Clerk. -116th CONGRESS - - 2d Session - - H. R. 7898 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To amend the Health Information Technology for Economic and Clinical - Health Act to require the Secretary of Health and Human Services to -consider certain recognized security practices of covered entities and - business associates when making certain determinations, and for other - purposes. + Clerk. From 21090d6827fd1f603fbb6d0dbcef74e7cf2cd223 Mon Sep 17 00:00:00 2001 From: "Rep. Burgess, Michael C. [R-TX-26]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 630/984] House-7898: Enrolled --- bills_text/House-7898.txt | 125 +++++++++++++++++--------------------- 1 file changed, 57 insertions(+), 68 deletions(-) diff --git a/bills_text/House-7898.txt b/bills_text/House-7898.txt index a611f6c..e3cfd3c 100644 --- a/bills_text/House-7898.txt +++ b/bills_text/House-7898.txt @@ -1,40 +1,35 @@ -116th CONGRESS - 2d Session - H. R. 7898 + H.R.7898 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 10, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To amend the Health Information Technology for Economic and Clinical + To amend the Health Information Technology for Economic and Clinical Health Act to require the Secretary of Health and Human Services to -consider certain recognized security practices of covered entities and + consider certain recognized security practices of covered entities and business associates when making certain determinations, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. RECOGNITION OF SECURITY PRACTICES. - Part 1 of subtitle D of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17931 et seq.) is amended by adding at the end the following: - ``SEC. 13412. RECOGNITION OF SECURITY PRACTICES. - ``(a) In General.--Consistent with the authority of the Secretary under sections 1176 and 1177 of the Social Security Act, when making determinations relating to fines under such section 1176 (as amended by @@ -44,65 +39,59 @@ Secretary, the Secretary shall consider whether the covered entity or business associate has adequately demonstrated that it had, for not less than the previous 12 months, recognized security practices in place that may-- - ``(1) mitigate fines under section 1176 of the Social - Security Act (as amended by section 13410); - ``(2) result in the early, favorable termination of an - audit under section 13411; and - ``(3) mitigate the remedies that would otherwise be agreed - to in any agreement with respect to resolving potential - violations of the HIPAA Security rule (part 160 of title 45 - Code of Federal Regulations and subparts A and C of part 164 of - such title) between the covered entity or business associate - and the Department of Health and Human Services. + ``(1) mitigate fines under section 1176 of the Social Security + Act (as amended by section 13410); + ``(2) result in the early, favorable termination of an audit + under section 13411; and + ``(3) mitigate the remedies that would otherwise be agreed to + in any agreement with respect to resolving potential violations of + the HIPAA Security rule (part 160 of title 45 Code of Federal + Regulations and subparts A and C of part 164 of such title) between + the covered entity or business associate and the Department of + Health and Human Services. ``(b) Definition and Miscellaneous Provisions.-- - ``(1) Recognized security practices.--The term `recognized - security practices' means the standards, guidelines, best - practices, methodologies, procedures, and processes developed - under section 2(c)(15) of the National Institute of Standards - and Technology Act, the approaches promulgated under section - 405(d) of the Cybersecurity Act of 2015, and other programs and - processes that address cybersecurity and that are developed, - recognized, or promulgated through regulations under other - statutory authorities. Such practices shall be determined by - the covered entity or business associate, consistent with the - HIPAA Security rule (part 160 of title 45 Code of Federal - Regulations and subparts A and C of part 164 of such title). - ``(2) Limitation.--Nothing in this section shall be - construed as providing the Secretary authority to increase - fines under section 1176 of the Social Security Act (as amended - by section 13410), or the length, extent or quantity of audits - under section 13411, due to a lack of compliance with the - recognized security practices. - ``(3) No liability for nonparticipation.--Subject to - paragraph (4), nothing in this section shall be construed to - subject a covered entity or business associate to liability for - electing not to engage in the recognized security practices - defined by this section. - ``(4) Rule of construction.--Nothing in this section shall - be construed to limit the Secretary's authority to enforce the - HIPAA Security rule (part 160 of title 45 Code of Federal - Regulations and subparts A and C of part 164 of such title), or - to supersede or conflict with an entity or business associate's - obligations under the HIPAA Security rule.''. - + ``(1) Recognized security practices.--The term `recognized + security practices' means the standards, guidelines, best + practices, methodologies, procedures, and processes developed under + section 2(c)(15) of the National Institute of Standards and + Technology Act, the approaches promulgated under section 405(d) of + the Cybersecurity Act of 2015, and other programs and processes + that address cybersecurity and that are developed, recognized, or + promulgated through regulations under other statutory authorities. + Such practices shall be determined by the covered entity or + business associate, consistent with the HIPAA Security rule (part + 160 of title 45 Code of Federal Regulations and subparts A and C of + part 164 of such title). + ``(2) Limitation.--Nothing in this section shall be construed + as providing the Secretary authority to increase fines under + section 1176 of the Social Security Act (as amended by section + 13410), or the length, extent or quantity of audits under section + 13411, due to a lack of compliance with the recognized security + practices. + ``(3) No liability for nonparticipation.--Subject to paragraph + (4), nothing in this section shall be construed to subject a + covered entity or business associate to liability for electing not + to engage in the recognized security practices defined by this + section. + ``(4) Rule of construction.--Nothing in this section shall be + construed to limit the Secretary's authority to enforce the HIPAA + Security rule (part 160 of title 45 Code of Federal Regulations and + subparts A and C of part 164 of such title), or to supersede or + conflict with an entity or business associate's obligations under + the HIPAA Security rule.''. SEC. 2. TECHNICAL CORRECTION. - (a) In General.--Section 3022(b) of the Public Health Service Act (42 U.S.C. 300jj-52(b)) is amended by adding at the end the following new paragraph: - ``(4) Application of authorities under inspector general - act of 1978.--In carrying out this subsection, the Inspector - General shall have the same authorities as provided under - section 6 of the Inspector General Act of 1978 (5 U.S.C. - App.).''. + ``(4) Application of authorities under inspector general act of + 1978.--In carrying out this subsection, the Inspector General shall + have the same authorities as provided under section 6 of the + Inspector General Act of 1978 (5 U.S.C. App.).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the 21st Century Cures Act (Public Law 114-255). - Passed the House of Representatives December 9, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From e62910d9bb8eb7308ee170e5da12c5640f5c10bc Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 631/984] House-8247: Introduced to House --- bills_text/House-8247.txt | 852 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 852 insertions(+) create mode 100644 bills_text/House-8247.txt diff --git a/bills_text/House-8247.txt b/bills_text/House-8247.txt new file mode 100644 index 0000000..bafc217 --- /dev/null +++ b/bills_text/House-8247.txt @@ -0,0 +1,852 @@ +116th CONGRESS + 2d Session + H. R. 8247 + +To make certain improvements relating to the transition of individuals +to services from the Department of Veterans Affairs, suicide prevention + for veterans, and care and services for women veterans, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 14, 2020 + + Mr. Takano introduced the following bill; which was referred to the + Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + +To make certain improvements relating to the transition of individuals +to services from the Department of Veterans Affairs, suicide prevention + for veterans, and care and services for women veterans, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Veterans +Comprehensive Prevention, Access to Care, and Treatment Act of 2020'' +or the ``Veterans COMPACT Act of 2020''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. + TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM + DEPARTMENT OF VETERANS AFFAIRS + +Sec. 101. Pilot program on information sharing between Department of + Veterans Affairs and designated relatives + and friends of veterans regarding + assistance and benefits available to the + veterans. +Sec. 102. Annual report on Solid Start program of Department of + Veterans Affairs. + TITLE II--SUICIDE PREVENTION + +Sec. 201. Department of Veterans Affairs provision of emergent suicide + care. +Sec. 202. Education program for family members and caregivers of + veterans with mental health disorders. +Sec. 203. Interagency Task Force on Outdoor Recreation for Veterans. +Sec. 204. Contact of certain veterans to encourage receipt of + comprehensive medical examinations. +Sec. 205. Police crisis intervention training of Department of Veterans + Affairs. + TITLE III--IMPROVEMENT OF CARE AND SERVICES FOR WOMEN VETERANS + +Sec. 301. Gap analysis of Department of Veterans Affairs programs that + provide assistance to women veterans who + are homeless. +Sec. 302. Report on locations where women veterans are using health + care from Department of Veterans Affairs. + + TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM + DEPARTMENT OF VETERANS AFFAIRS + +SEC. 101. PILOT PROGRAM ON INFORMATION SHARING BETWEEN DEPARTMENT OF + VETERANS AFFAIRS AND DESIGNATED RELATIVES AND FRIENDS OF + VETERANS REGARDING ASSISTANCE AND BENEFITS AVAILABLE TO + THE VETERANS. + + (a) Pilot Program Required.-- + (1) In general.--Not later than one year after the date of + the enactment of this Act, the Secretary of Veterans Affairs + shall commence carrying out a pilot program-- + (A) to encourage members of the Armed Forces who + are transitioning from service in the Armed Forces to + civilian life, before separating from such service, to + designate up to 10 persons to whom information + regarding the assistance and benefits available to the + veterans under laws administered by the Secretary shall + be disseminated using the contact information obtained + under paragraph (7); and + (B) provides such persons, within 30 days after the + date on which such persons are designated under + subparagraph (A), the option to elect to receive such + information. + (2) Duration.--The Secretary shall carry out the pilot + program during a period beginning on the date of the + commencement of the pilot program that is not less than two + years. + (3) Dissemination.--The Secretary shall disseminate + information described in paragraph (1)(A) under the pilot + program no less than quarterly. + (4) Types of information.--The types of information to be + disseminated under the pilot program to persons who elect to + receive such information shall include information regarding + the following: + (A) Services and benefits offered to veterans and + their family members by the Department of Veterans + Affairs. + (B) Challenges and stresses that might accompany + transitioning from service in the Armed Forces to + civilian life. + (C) Services available to veterans and their family + members to cope with the experiences and challenges of + service in the Armed Forces and transition from such + service to civilian life. + (D) Services available through community partner + organizations to support veterans and their family + members. + (E) Services available through Federal, State, and + local government agencies to support veterans and their + family members. + (F) The environmental health registry program, + health and wellness programs, and resources for + preventing and managing diseases and illnesses. + (G) A toll-free telephone number through which such + persons who elect to receive information under the + pilot program may request information regarding the + program. + (H) Such other matters as the Secretary, in + consultation with members of the Armed Forces and such + persons who elect to receive information under the + pilot program, determines to be appropriate. + (5) Privacy of information.--In carrying out the pilot + program, the Secretary may not disseminate information under + paragraph (4) in violation of laws and regulations pertaining + to the privacy of members of the Armed Forces, including + requirements pursuant to-- + (A) section 552a of title 5, United States Code; + and + (B) the Health Insurance Portability and + Accountability Act of 1996 (Public Law 104-191). + (6) Notice and modifications.--In carrying out the pilot + program, the Secretary shall, with respect to a veteran-- + (A) ensure that such veteran is notified of the + ability to modify designations made by such veteran + under paragraph (1)(A); and + (B) upon the request of a veteran, authorize such + veteran to modify such designations at any time. + (7) Contact information.--In making a designation under the + pilot program, a veteran shall provide necessary contact + information, specifically including an email address, to + facilitate the dissemination of information regarding the + assistance and benefits available to the veteran under laws + administered by the Secretary. + (8) Opt-in and opt-out of pilot program.-- + (A) Opt-in by members.--A veteran may participate + in the pilot program only if the veteran voluntarily + elects to participate in the program. A veteran seeking + to make such an election shall make such election in a + manner, and by including such information, as the + Secretary shall specify for purposes of the pilot + program. + (B) Opt-in by designated recipients.--A person + designated pursuant to paragraph (1)(A) may receive + information under the pilot program only if the person + makes the election described in paragraph (1)(B). + (C) Opt-out.--In carrying out the pilot program, + the Secretary shall, with respect to a person who has + elected to receive information under such pilot + program, cease disseminating such information to that + person upon request of such person. + (b) Survey and Report on Pilot Program.-- + (1) Survey.-- + (A) In general.--Not later than one year after the + date of the commencement of the pilot program and not + less frequently than once each year thereafter for the + duration of the pilot program, the Secretary shall + administer a survey to persons who ever elected to + receive information under the pilot program for the + purpose of receiving feedback regarding the quality of + information disseminated under this section. + (B) Elements.--Each survey conducted under + subparagraph (A) shall include solicitation of the + following: + (i) Feedback on the following: + (I) The nature of information + disseminated under the pilot program. + (II) Satisfaction with the pilot + program. + (III) The utility of the pilot + program. + (IV) Overall pilot program + successes and challenges. + (ii) Recommendations for improving the + pilot program. + (iii) Reasons for opting in or out of the + pilot program. + (iv) Such other feedback or matters as the + Secretary considers appropriate. + (2) Report.-- + (A) In general.--Not later than three years after + the date on which the pilot program commences, the + Secretary shall submit to the Committees on Veterans' + Affairs of the House of Representatives and the Senate + a final report on the pilot program. + (B) Contents.--The report submitted under + subparagraph (A) shall include the following: + (i) The results of the survey administered + under paragraph (1). + (ii) The number of participants enrolled in + the pilot program who are veterans. + (iii) The number of persons designated + under subsection (a)(1)(A). + (iv) The number of such persons who opted + in or out of the pilot program under subsection + (a)(8). + (v) The average period such persons + remained in the pilot program. + (vi) An assessment of the feasibility and + advisability of making the pilot program + permanent. + (vii) Identification of legislative or + administrative action that may be necessary if + the pilot program is made permanent. + (viii) A plan to expand the pilot program + if the pilot program is made permanent. + (ix) If the Secretary finds under clause + (vi) that making the pilot program permanent is + not feasible or advisable, a justification for + such finding. + +SEC. 102. ANNUAL REPORT ON SOLID START PROGRAM OF DEPARTMENT OF + VETERANS AFFAIRS. + + (a) Reports Required.--Not later than 180 days after the date of +the enactment of this Act, and annually thereafter for a period of five +years, the Secretary of Veterans Affairs shall submit to the Committees +on Veterans' Affairs of the Senate and House of Representatives a +report on the Solid Start program of the Department of Veterans +Affairs. + (b) Elements.--Each report under subsection (a) shall include the +following: + (1) With respect to each veteran called or emailed under + the Solid Start program: + (A) The Armed Force of the veteran. + (B) Age. + (C) Gender. + (D) Whether the veteran responded to the call or + email. + (E) Whether the call or email resulted in a call to + the Veterans Crisis Line established pursuant to + section 1720F(h) of title 38, United States Code. + (F) Whether the call or email resulted in a + referral to-- + (i) compensation and pension determination; + (ii) enrollment in the patient enrollment + system of the Department; or + (iii) any other program or benefit under + the laws administered by the Secretary. + (2) Any change to the Solid Start program implemented by + the Secretary since the date of the previous such report. + (c) Prohibition on Personally Identifiable Information.--No report +under subsection (a) may contain any personally identifiable +information regarding a veteran. + + TITLE II--SUICIDE PREVENTION + +SEC. 201. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF EMERGENT SUICIDE + CARE. + + (a) In General.--Subchapter II of chapter 17 of title 38, United +States Code, is amended by adding at the end the following new section: +``Sec. 1720J. Emergent suicide care + ``(a) Furnishing or Payment for Emergent Suicide Care.--Pursuant to +this section, the Secretary shall furnish or pay for emergent suicide +care to an eligible individual at a medical facility of the Department +or at a non-Department facility. + ``(b) Eligibility.--An individual is eligible for emergent suicide +care under this section if the individual is in an acute suicidal +crisis and is either of the following: + ``(1) A veteran. + ``(2) An individual described in section 1720I(b) of this + title. + ``(c) Period of Care.--(1) Emergent suicide care furnished under +this section shall be furnished to an eligible individual-- + ``(A) through inpatient or crisis residential care, for a + period not to exceed 30 days; or + ``(B) if care under subparagraph (A) is unavailable, as + outpatient care for a period not to exceed 90 days. + ``(2) If, upon the expiration of a period under paragraph (1), the +Secretary determines that the eligible individual remains in an acute +suicidal crisis, the Secretary may extend such period as the Secretary +determines appropriate. + ``(d) Outreach.--During any period when an eligible individual is +receiving emergent suicide care furnished under this section, the +Secretary shall-- + ``(1) ensure that-- + ``(A) in the case of an eligible individual + referred to a medical facility of the Department by the + Veterans Crisis Line, the Veterans Crisis Line notifies + the Suicide Prevention Coordinator; + ``(B) in the case of an eligible individual who + presents at a medical facility of the Department in an + acute suicidal crisis without a referral by the + Veterans Crisis Line, the Secretary notifies the + Suicide Prevention Coordinator; + ``(C) in the case of an eligible individual + referred to a non-Department facility by the Veterans + Crisis Line, the Veterans Crisis Line notifies the + Suicide Prevention Coordinator and the Office of + Community Care at the Department facility located + nearest to the eligible individual; and + ``(D) in the case of an eligible individual who + presents at a non-Department facility in an acute + suicidal crisis without a referral by the Veterans + Crisis Line-- + ``(i) the individual (or someone acting on + the behalf of the individual) notifies the + Secretary within seven days of the beginning of + the episode of care for such emergent suicide + care; and + ``(ii) the Secretary notifies the Suicide + Prevention Coordinator and the Office of + Community Care at the medical facility of the + Department located nearest to the eligible + individual; + ``(2) determine the eligibility of the eligible individual + for other programs and benefits under the laws administered by + the Secretary; and + ``(3) make referrals for care following the period of such + emergent suicide care, as the Secretary determines appropriate. + ``(e) Prohibition on Charge.--(1) If the Secretary furnishes or +pays for emergent suicide care to an eligible individual, the +Secretary-- + ``(A) may not charge the eligible individual for any cost + of such emergent suicide care; and + ``(B) shall pay for any costs of emergency transportation + to a facility for such emergent suicide care. + ``(2) In addition to the requirements of paragraph (1), if the +Secretary pays for emergent suicide care to an eligible individual at a +non-Department facility, the Secretary shall-- + ``(A) reimburse the facility for the reasonable value of + such emergent suicide care; and + ``(B) ensure that such facility, or any health care + provider working at such facility, does not charge the eligible + individual for such emergent suicide care. + ``(3) In the case of an eligible individual who receives emergent +suicide care under this section and who is entitled to emergent suicide +care (or payment for emergent suicide care) under a health-plan +contract, the Secretary may recover the costs of such emergency suicide +care provided under this section. + ``(4) In carrying out subsection (d)(1)(D), the Secretary may not +charge an eligible individual for any cost of emergent suicide care +furnished under this section solely by reason of the Secretary not +having been notified of such care pursuant to such subsection. + ``(f) Annual Report.--Not less than once each year, the Secretary +shall submit to the Committees on Veterans' Affairs of the Senate and +the House of Representatives a report on emergent suicide care +furnished or paid for under this section. Each such report shall +include, for the year covered by the report-- + ``(1) the number of eligible individuals who received + emergent suicide care under this section; + ``(2) demographic information regarding eligible + individuals described in paragraph (1); + ``(3) the types of care furnished or paid for this section; + and + ``(4) the total cost of furnishing and paying for emergent + suicide care under this section. + ``(g) Definitions.--In this section: + ``(1) The term `acute suicidal crisis' means that an + individual was determined to be at imminent risk of self-harm + by a trained crisis responder or health care provider. + ``(2) The term `crisis residential care' means crisis + stabilization care provided-- + ``(A) on a residential basis; and + ``(B) in a facility other than a hospital. + ``(3) The term `crisis stabilization care' means, with + respect to an individual in acute suicidal crisis, care that + ensures, to the extent practicable, immediate safety and + reduces-- + ``(A) the severity of distress; + ``(B) the need for urgent care; or + ``(C) the likelihood that the distress under + subparagraph (A) or need under subparagraph (B) will + increase during the transfer of that individual from a + facility at which the individual has received care for + that acute suicidal crisis. + ``(4) The term `emergent suicide care' means crisis + stabilization services provided to an eligible individual-- + ``(A) pursuant to a referral of the eligible + individual from the Veterans Crisis Line; or + ``(B) who presents at a medical facility in an + acute suicidal crisis. + ``(5) The term `health-plan contract' has the meaning given + such term in section 1725 of this title. + ``(6) The term `Veterans Crisis Line' means the hotline + under section 1720F(h) of this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relation to section +1720I the following new item: + +``1720J. Emergent suicide care.''. + (c) Effective Date.--The Secretary shall furnish or pay for +emergent suicide care under section 1720J of title 38, United States +Code, as added by subsection (a), beginning on the date that is 180 +days after the date of the enactment of this Act. + +SEC. 202. EDUCATION PROGRAM FOR FAMILY MEMBERS AND CAREGIVERS OF + VETERANS WITH MENTAL HEALTH DISORDERS. + + (a) Establishment.--Not later than 270 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall +establish an education program (in this section referred to as the +``education program'') for the education and training of caregivers and +family members of eligible veterans with mental health disorders. + (b) Education Program.-- + (1) In general.--Under the education program, the Secretary + shall provide a course of education to caregivers and family + members of eligible veterans on matters relating to coping with + mental health disorders in veterans. + (2) Duration.--The Secretary shall carry out the education + program during the four-year period beginning on the date of + the commencement of the education program. + (3) Scope.-- + (A) Caregivers.--The Secretary, with respect to the + component of the education program that relates to the + education and training of caregivers, shall-- + (i) include such component in the training + provided pursuant to the program of + comprehensive assistance for family caregivers + of the Department of Veterans Affairs + established under section 1720G of title 38, + United States Code; and + (ii) make such component available on the + internet website of the Department that relates + to caregiver training. + (B) Family members.--The Secretary shall carry out + the component of the education program that relates to + the education and training of family members (who are + not caregivers) at facilities of the Department as + follows: + (i) Not less than five medical centers of + the Department. + (ii) Not less than five clinics of the + Department. + (iii) Not less than five Vet Centers (as + defined in section 1712A(h) of title 38, United + States Code). + (C) Solicitation of applications.--In selecting + locations pursuant to subparagraph (B), the Secretary + shall solicit applications from eligible facilities of + the Department that are interested in carrying out the + education program. + (D) Considerations.--In selecting locations + pursuant to subparagraph (B), the Secretary shall + consider the feasibility and advisability of selecting + locations in the following areas: + (i) Rural areas. + (ii) Areas that are not in close proximity + to an active duty installation. + (iii) Areas in different geographic + locations. + (4) Contracts.-- + (A) In general.--In carrying out the education + program, the Secretary shall enter into contracts with + qualified entities described in subparagraph (B) to + offer the course of education described in paragraph + (5) to family members and caregivers of eligible + veterans and covered veterans. + (B) Qualified entity described.--A qualified entity + described in this subparagraph is a nonprofit entity + with experience in mental health education and + outreach, including work with children, teens, and + young adults, that-- + (i) uses high-quality, relevant, and age- + appropriate information in educational + programming, materials, and coursework, + including such programming, materials, and + coursework for children, teens, and young + adults; and + (ii) works with agencies, departments, + nonprofit mental health organizations, early + childhood educators, and mental health + providers to develop educational programming, + materials, and coursework. + (C) Priority.--In entering into contracts under + this paragraph, the Secretary shall give priority to + qualified entities that have demonstrated cultural + competence in serving military and veteran populations, + and, to the extent practicable, use internet technology + for the delivery of course content in an effort to + expand the availability of support services, especially + in rural areas. + (5) Course of education described.--The course of education + described in this paragraph shall consist of curriculum that + includes the following: + (A) General education on different mental health + disorders, including information to improve + understanding of the experiences of individuals + suffering from such disorders. + (B) Techniques for handling crisis situations and + administering mental health first aid to individuals + suffering from a mental health disorder. + (C) Techniques for coping with the stress of living + with an individual suffering from a mental health + disorder. + (D) Information on additional services available + for family members and caregivers through the + Department or community organizations and providers + related to mental health disorders. + (E) Such other matters as the Secretary considers + appropriate. + (c) Surveys.-- + (1) In general.--The Secretary shall conduct a + comprehensive survey of the satisfaction of individuals that + have participated in the course of education described in + subsection (b)(5). Such survey shall include a solicitation of + feedback on the following: + (A) The general satisfaction of those individuals + with the education and assistance provided under the + education program. + (B) The perceived effectiveness of the education + program in providing education and assistance that is + useful for those individuals. + (C) The applicability of the education program to + the issues faced by those individuals. + (D) Such other matters as the Secretary considers + appropriate. + (2) Compilation of information.--The information compiled + as a result of the surveys conducted under paragraph (1) shall + be-- + (A) disaggregated by facility type at which the + education program was carried out; and + (B) included in the annual reports under subsection + (d)(1). + (d) Reports.-- + (1) Annual reports.-- + (A) In general.--Not later than one year after the + date of the commencement of the education program and + not later than September 30 each year thereafter until + 2024, the Secretary shall submit to the Committee on + Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a + report on-- + (i) the education program; and + (ii) the feasibility and advisability of + expanding the education program to include the + establishment of a peer support program + composed of individuals who complete the + education program (in this section referred to + as a ``peer support program''). + (B) Elements.--Each report submitted under + subparagraph (A) shall include the following: + (i) The number of individuals that + participated in the course of education + described in subsection (b)(5) during the year + preceding the submission of the report. + (ii) A detailed analysis of the surveys + conducted under subsection (c) with respect to + the individuals described in clause (i). + (iii) Any plans for expansion of the + education program. + (iv) An analysis of the feasibility and + advisability of establishing a peer support + program. + (v) The interim findings and conclusions of + the Secretary with respect to the success of + the education program and the feasibility and + advisability of establishing a peer support + program. + (2) Final report.-- + (A) In general.--Not later than one year after the + completion of the education program, the Secretary + shall submit to the Committees on Veterans' Affairs of + the House of Representatives and the Senate a final + report on the feasibility and advisability of + continuing the education program. + (B) Elements.--The final report under subparagraph + (A) shall include the following: + (i) A detailed analysis of the surveys + conducted under subsection (c). + (ii) An analysis of the feasibility and + advisability of continuing the education + program without entering into contracts for the + course of education described in subsection + (b)(5). + (iii) An analysis of the feasibility and + advisability of expanding the education + program. + (iv) An analysis of the feasibility and + advisability of establishing a peer support + program. + (e) Monitoring of Program.--The Secretary shall select mental +health care providers of the Department to monitor the progress of the +instruction provided under the education program. + (f) Definitions.--In this section: + (1) The term ``eligible veteran'' means a veteran who is + enrolled in the health care system established under section + 1705(a) of title 38, United States Code. + (2) The terms ``caregiver'' and ``family member'' have the + meaning given those terms in section 1720G(d) of title 38, + United States Code. + +SEC. 203. INTERAGENCY TASK FORCE ON OUTDOOR RECREATION FOR VETERANS. + + (a) Establishment.--Not later than 18 months after the date on +which the national emergency declared by the President pursuant to the +National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the +Coronavirus Disease 2019 (COVID-19) expires, the Secretary of Veterans +Affairs shall establish a task force to be known as the ``Task Force on +Outdoor Recreation for Veterans'' (in this section referred to as the +``Task Force''). + (b) Composition.--The Task Force shall be composed of the following +members or their designees: + (1) The Secretary of Veterans Affairs. + (2) The Secretary of the Interior. + (3) The Secretary of Health and Human Services. + (4) The Secretary of Agriculture. + (5) The Secretary of Defense. + (6) The Secretary of Homeland Security. + (7) The Chief of the Army Corps of Engineers. + (8) At least two representatives from organizations + recognized by the Secretary of Veterans Affairs under section + 5902 of title 38, United States Code. + (9) Any other member that the Secretary of Veterans Affairs + determines to be appropriate. + (c) Chairpersons.--The Secretary of Veterans Affairs and the +Secretary of the Interior shall serve as co-chairpersons of the Task +Force (in this section referred to as the ``Chairpersons''). + (d) Duties.-- + (1) Task force.--The duties of the Task Force shall be-- + (A) to identify opportunities to formalize + coordination between the Department of Veterans + Affairs, public land agencies, and partner + organizations regarding the use of public lands and + other outdoor spaces for facilitating health and + wellness for veterans; + (B) to identify barriers that exist to providing + veterans with opportunities to augment the delivery of + services for health and wellness through the use of + outdoor recreation on public lands and other outdoor + spaces; and + (C) to develop recommendations to better facilitate + the use of public lands and other outdoor spaces for + promoting wellness and facilitating the delivery of + health care and therapeutic interventions for veterans. + (2) Consultation.--The Task Force shall carry out the + duties under paragraph (1) in consultation with appropriate + veterans outdoor recreation groups. + (e) Reports.-- + (1) Preliminary report.--Not later than one year after the + date on which the Task Force is established, the Chairpersons + shall submit to Congress a report on the preliminary findings + of the Task Force. + (2) Final report.--Not later than one year after the date + of the submission of the preliminary report under paragraph + (1), the Chairpersons shall submit to Congress a report on the + findings of the Task Force, which shall include the + recommendations developed under subsection (d)(1)(C). + (f) Duration.--The Task Force shall terminate on the date that is +one year after the date of the submission of the final report in +subsection (e)(2). + (g) Nonapplicability of Federal Advisory Committee Act.--The +Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the +Task Force. + (h) Definitions.--In this section: + (1) The term ``public lands'' means any recreational lands + under the jurisdiction of the Federal Government or a State or + local government. + (2) The term ``veteran'' means an individual who is-- + (A) a veteran, as such term is defined in section + 101 of title 38, United States Code; or + (B) an eligible individual under section 1720I(b) + of title 38. + +SEC. 204. CONTACT OF CERTAIN VETERANS TO ENCOURAGE RECEIPT OF + COMPREHENSIVE MEDICAL EXAMINATIONS. + + (a) Notice.--Not later than 90 days after the date of the enactment +of this Act, the Under Secretary of Health of the Department of +Veterans Affairs shall seek to contact each covered veteran by mail, +telephone, or email to encourage each covered veteran to receive +medical examinations including the following: + (1) A comprehensive physical examination. + (2) A comprehensive mental health examination. + (3) A comprehensive eye examination if the covered veteran + has not received such an examination in the year immediately + preceding the date of such examination. + (4) A comprehensive audiological examination if the covered + veteran has not received such an examination in the year + immediately preceding the date of such examination. + (b) Examinations.-- + (1) VA health care facilities.--If a covered veteran elects + to receive more than one examination described in subsection + (a) at a health care facility of the Department of Veterans + Affairs, the Under Secretary of Health shall seek to furnish + all such scheduled examinations on the same day. + (2) Community care.--Pursuant to subsection (d) or (e) of + section 1703 of title 38, United States Code, a covered veteran + may receive an examination described in subsection (a) from a + health care provider described in subsection (c) of that + section. + (c) Transportation.-- + (1) Beneficiary travel program.--Pursuant to section 111 of + title 38, United States Code, the Secretary of Veterans Affairs + may pay for a rural covered veteran to travel to a health care + facility to receive an examination described in subsection (a). + (2) Shuttle service.--The Under Secretary of Health shall + seek to enter into agreements with nonprofit organizations to + provide shuttle service to rural covered veterans for + examinations described in subsection (a). + (d) Report Required.--Not later than 18 months after the date of +the enactment of this Act, the Secretary of Veterans Affairs shall +submit to Congress a report regarding how many covered veterans +scheduled examinations described in subsection (a) after receiving a +letter, telephone call, or email under that subsection. + (e) Definitions.--In this section: + (1) The term ``covered veteran'' means a veteran who-- + (A) is enrolled in the patient enrollment system of + the Department of Veterans Affairs under section 1705 + of title 38, United States Code; and + (B) has not received health care furnished or paid + for by the Secretary of Veterans Affairs during the two + years immediately preceding the date in subsection + (a)(1). + (2) The term ``rural covered veteran'' means a covered + veteran-- + (A) who lives in an area served by the Office of + Rural Health of the Department of Veterans Affairs; and + (B) whom the Under Secretary of Health determines + requires assistance to travel to a health care facility + to receive an examination described in subsection (a). + (3) The term ``veteran'' has the meaning given that term in + section 101 of title 38, United States Code. + +SEC. 205. POLICE CRISIS INTERVENTION TRAINING OF DEPARTMENT OF VETERANS + AFFAIRS. + + (a) Training.--The Secretary of Veterans Affairs shall provide to +Department police officers an annual training on the prevention of +suicide among the population served by the Department police officers. + (b) Curriculum.--In carrying out subsection (a), the Secretary +shall update any similar training provided before the date of the +enactment of this Act to ensure that the curriculum for the training +addresses, at a minimum, the following: + (1) Effective behavioral science procedures for suicide + prevention and risk mitigation. + (2) Crisis intervention and de-escalation skills, including + through the use of interactive training. + (3) Information about mental health and substance abuse + disorders. + (4) Information about local law enforcement crisis + intervention teams and other resources for veterans + experiencing mental health crises available by the Department + of Veterans Affairs, other elements of the Federal Government, + and the community in which the police officers serve. + (c) Consultation.--The Secretary shall ensure that the annual +training provided to Department police officers at a medical facility +of the Department under subsection (a) is provided in consultation with +law enforcement training accreditation organizations and the mental +health experts at such facility. + (d) Plan on Community Partnerships.--The Secretary shall ensure +that each police force of a facility of the Department develops a plan +to enter into partnerships with-- + (1) local community mental health organizations and + experts, local community veterans organizations, and local + community criminal justice organizations and experts; and + (2) local police departments, including by facilitating the + sharing of training resources with crisis intervention teams of + the local police departments. + (e) Report.--Not later than one year after the date of the +enactment of this Act, the Secretary shall submit to the Committees on +Veterans' Affairs of the House of Representatives and the Senate a +report on the annual training under subsection (a), including-- + (1) a description of the curriculum of such training; + (2) with respect to the year preceding the date of the + report-- + (A) the number of facilities of the Department that + conducted such training; + (B) the number of Department police officers who + received such training; and + (C) any barriers to ensuring that each Department + police officer receives such training; + (3) any recommendations to address the barriers identified + under paragraph (2)(C); and + (4) the number of facilities of the Department that have + entered into partnerships pursuant to subsection (d). + (f) Department Police Officer Defined.--In this section, the term +``Department police officer'' means an employee of the Department of +Veterans Affairs specified in section 902(a) of title 38, United States +Code. + + TITLE III--IMPROVEMENT OF CARE AND SERVICES FOR WOMEN VETERANS + +SEC. 301. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS THAT + PROVIDE ASSISTANCE TO WOMEN VETERANS WHO ARE HOMELESS. + + (a) Analysis.--The Secretary of Veterans Affairs shall complete an +analysis of programs of the Department of Veterans Affairs that provide +assistance to women veterans who are homeless or precariously housed to +identify the areas in which such programs are failing to meet the needs +of such women. + (b) Report.--Not later than 270 days after the date of the +enactment of this Act, the Secretary shall submit to the Committees on +Veterans' Affairs of the House of Representatives and the Senate a +report on the analysis completed under subsection (a). + +SEC. 302. REPORT ON LOCATIONS WHERE WOMEN VETERANS ARE USING HEALTH + CARE FROM DEPARTMENT OF VETERANS AFFAIRS. + + (a) Report.--Not later than 90 days after the date of the enactment +of this Act, and annually thereafter, the Secretary of Veterans Affairs +shall submit to the Committees on Veterans' Affairs of the House of +Representatives and the Senate a report on the use by women veterans of +health care from the Department of Veterans Affairs. + (b) Elements.--Each report required by subsection (a) shall include +the following information: + (1) The number of women veterans who reside in each State. + (2) The number of women veterans in each State who are + enrolled in the patient enrollment system of the Department + under section 1705 of title 38, United States Code. + (3) Of the women veterans who are so enrolled, the number + who have received health care under the laws administered by + the Secretary at least one time during the one-year period + preceding the submission of the report. + (4) The number of women veterans who have been seen at each + medical facility of the Department during such year, + disaggregated by facility. + (5) The number of appointments that women veterans have had + at a medical facility of the Department during such year, + disaggregated by-- + (A) facility; and + (B) appointments for-- + (i) primary care; + (ii) specialty care; and + (iii) mental health care. + (6) For each appointment type specified in paragraph + (5)(B), the number of appointments completed in-person and the + number of appointments completed through the use of telehealth. + (7) If known, an identification of the medical facility of + the Department in each Veterans Integrated Service Network with + the largest rate of increase in patient population of women + veterans as measured by the increase in unique women veteran + patient use. + (8) If known, an identification of the medical facility of + the Department in each Veterans Integrated Service Network with + the largest rate of decrease in patient population of women + veterans as measured by the decrease in unique women veterans + patient use. + \ No newline at end of file From 56273b1b915e3317c474640091553f1d6cda3723 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 632/984] House-8247: Engrossed in House --- bills_text/House-8247.txt | 230 ++++++++++++++++++++------------------ 1 file changed, 121 insertions(+), 109 deletions(-) diff --git a/bills_text/House-8247.txt b/bills_text/House-8247.txt index bafc217..0fbbf5a 100644 --- a/bills_text/House-8247.txt +++ b/bills_text/House-8247.txt @@ -2,25 +2,9 @@ 2d Session H. R. 8247 -To make certain improvements relating to the transition of individuals -to services from the Department of Veterans Affairs, suicide prevention - for veterans, and care and services for women veterans, and for other - purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - September 14, 2020 - - Mr. Takano introduced the following bill; which was referred to the - Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -244,7 +228,7 @@ Affairs. following: (1) With respect to each veteran called or emailed under the Solid Start program: - (A) The Armed Force of the veteran. + (A) The Armed Force in which the veteran served. (B) Age. (C) Gender. (D) Whether the veteran responded to the call or @@ -273,110 +257,127 @@ SEC. 201. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF EMERGENT SUICIDE (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720J. Emergent suicide care - ``(a) Furnishing or Payment for Emergent Suicide Care.--Pursuant to -this section, the Secretary shall furnish or pay for emergent suicide -care to an eligible individual at a medical facility of the Department -or at a non-Department facility. + ``(a) Emergent Suicide Care.--Pursuant to this section, the +Secretary shall-- + ``(1) furnish emergent suicide care to an eligible + individual at a medical facility of the Department; + ``(2) pay for emergent suicide care provided to an eligible + individual at a non-Department facility; and + ``(3) reimburse an eligible individual for emergent suicide + care provided to the eligible individual at a non-Department + facility. ``(b) Eligibility.--An individual is eligible for emergent suicide -care under this section if the individual is in an acute suicidal +care under subsection (a) if the individual is in an acute suicidal crisis and is either of the following: - ``(1) A veteran. + ``(1) A veteran (as defined in section 101). ``(2) An individual described in section 1720I(b) of this title. - ``(c) Period of Care.--(1) Emergent suicide care furnished under -this section shall be furnished to an eligible individual-- + ``(c) Period of Care.--(1) Emergent suicide care provided under +subsection (a) shall be furnished to an eligible individual-- ``(A) through inpatient or crisis residential care, for a period not to exceed 30 days; or - ``(B) if care under subparagraph (A) is unavailable, as - outpatient care for a period not to exceed 90 days. + ``(B) if care under subparagraph (A) is unavailable, or if + such care is not clinically appropriate, as outpatient care for + a period not to exceed 90 days. ``(2) If, upon the expiration of a period under paragraph (1), the Secretary determines that the eligible individual remains in an acute suicidal crisis, the Secretary may extend such period as the Secretary determines appropriate. - ``(d) Outreach.--During any period when an eligible individual is -receiving emergent suicide care furnished under this section, the -Secretary shall-- + ``(d) Notification.--An eligible individual who receives emergent +suicide care under subsection (a) at a non-Department facility (or a +person acting on behalf of the individual) shall notify the Secretary +of such care within seven days of admission to such facility. + ``(e) Outreach.--During any period when an eligible individual is +receiving emergent suicide care under subsection (a), the Secretary +shall-- ``(1) ensure that-- - ``(A) in the case of an eligible individual - referred to a medical facility of the Department by the - Veterans Crisis Line, the Veterans Crisis Line notifies - the Suicide Prevention Coordinator; + ``(A) in the case of an eligible individual whom + the Veterans Crisis Line recommends to seek emergent + suicide care at a medical facility of the Department, + the Veterans Crisis Line notifies the Suicide + Prevention Coordinator of such medical facility; ``(B) in the case of an eligible individual who presents at a medical facility of the Department in an - acute suicidal crisis without a referral by the + acute suicidal crisis without a recommendation by the Veterans Crisis Line, the Secretary notifies the Suicide Prevention Coordinator; - ``(C) in the case of an eligible individual - referred to a non-Department facility by the Veterans - Crisis Line, the Veterans Crisis Line notifies the - Suicide Prevention Coordinator and the Office of - Community Care at the Department facility located - nearest to the eligible individual; and + ``(C) in the case of an eligible individual whom + the Veterans Crisis Line recommends to seek treatment + at a non-Department facility, the Veterans Crisis Line + notifies the Suicide Prevention Coordinator and the + Office of Community Care at the medical facility of the + Department located nearest to the eligible individual; + and ``(D) in the case of an eligible individual who presents at a non-Department facility in an acute - suicidal crisis without a referral by the Veterans - Crisis Line-- - ``(i) the individual (or someone acting on - the behalf of the individual) notifies the - Secretary within seven days of the beginning of - the episode of care for such emergent suicide - care; and - ``(ii) the Secretary notifies the Suicide - Prevention Coordinator and the Office of - Community Care at the medical facility of the - Department located nearest to the eligible - individual; + suicidal crisis without a recommendation by the + Veterans Crisis Line and for whom the Secretary + receives a notification under subsection (d), the + Secretary notifies the Suicide Prevention Coordinator + and the Office of Community Care at the medical + facility of the Department located nearest to the + eligible individual; ``(2) determine the eligibility of the eligible individual for other programs and benefits under the laws administered by - the Secretary; and + the Secretary (or shall make such determination as soon as + practicable following the period of such emergent suicide + care); and ``(3) make referrals for care following the period of such emergent suicide care, as the Secretary determines appropriate. - ``(e) Prohibition on Charge.--(1) If the Secretary furnishes or -pays for emergent suicide care to an eligible individual, the -Secretary-- + ``(f) Prohibition on Charge.--(1) If the Secretary provides +emergent suicide care to an eligible individual under subsection (a), +the Secretary-- ``(A) may not charge the eligible individual for any cost of such emergent suicide care; and ``(B) shall pay for any costs of emergency transportation - to a facility for such emergent suicide care. - ``(2) In addition to the requirements of paragraph (1), if the -Secretary pays for emergent suicide care to an eligible individual at a -non-Department facility, the Secretary shall-- - ``(A) reimburse the facility for the reasonable value of - such emergent suicide care; and - ``(B) ensure that such facility, or any health care - provider working at such facility, does not charge the eligible - individual for such emergent suicide care. + to a facility for such emergent suicide care (as such costs are + determined pursuant to section 1725 of this title, to the + extent practicable). + ``(2)(A) In addition to the requirements of paragraph (1), if the +Secretary pays for emergent suicide care provided under subsection (a) +to an eligible individual at a non-Department facility, the Secretary +shall reimburse the facility for the reasonable value of such emergent +suicide care. + ``(B)(i) In carrying out subparagraph (A), the Secretary may +determine the amount to reimburse a non-Department facility in a +similar manner to the manner in which the Secretary determines +reimbursement amounts for that non-Department facility for medical care +and services provided under another provision of this chapter. + ``(ii) The requirements of section 1725(c)(3) of this title shall +apply with respect to payments made under subparagraph (A) of this +paragraph. ``(3) In the case of an eligible individual who receives emergent suicide care under this section and who is entitled to emergent suicide care (or payment for emergent suicide care) under a health-plan -contract, the Secretary may recover the costs of such emergency suicide -care provided under this section. - ``(4) In carrying out subsection (d)(1)(D), the Secretary may not -charge an eligible individual for any cost of emergent suicide care -furnished under this section solely by reason of the Secretary not -having been notified of such care pursuant to such subsection. - ``(f) Annual Report.--Not less than once each year, the Secretary +contract, the Secretary may recover the costs of such emergent suicide +care provided under this section, other than for such care for a +service-connected disability. + ``(4) In carrying out subsection (d), the Secretary may not charge +an eligible individual for any cost of emergent suicide care provided +under subsection (a) solely by reason of the Secretary not having been +notified of such care pursuant to such subsection. + ``(g) Annual Report.--Not less than once each year, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and -the House of Representatives a report on emergent suicide care -furnished or paid for under this section. Each such report shall -include, for the year covered by the report-- +the House of Representatives a report on emergent suicide care provided +under subsection (a). Each such report shall include, for the year +covered by the report-- ``(1) the number of eligible individuals who received - emergent suicide care under this section; + emergent suicide care under subsection (a); ``(2) demographic information regarding eligible individuals described in paragraph (1); ``(3) the types of care furnished or paid for this section; and - ``(4) the total cost of furnishing and paying for emergent - suicide care under this section. - ``(g) Definitions.--In this section: + ``(4) the total cost of providing care under subsection + (a). + ``(h) Definitions.--In this section: ``(1) The term `acute suicidal crisis' means that an individual was determined to be at imminent risk of self-harm by a trained crisis responder or health care provider. ``(2) The term `crisis residential care' means crisis stabilization care provided-- - ``(A) on a residential basis; and + ``(A) in a residential setting; and ``(B) in a facility other than a hospital. - ``(3) The term `crisis stabilization care' means, with + ``(3) The term `crisis stabilization care' includes, with respect to an individual in acute suicidal crisis, care that ensures, to the extent practicable, immediate safety and reduces-- @@ -388,8 +389,8 @@ include, for the year covered by the report-- facility at which the individual has received care for that acute suicidal crisis. ``(4) The term `emergent suicide care' means crisis - stabilization services provided to an eligible individual-- - ``(A) pursuant to a referral of the eligible + stabilization care provided to an eligible individual-- + ``(A) pursuant to a recommendation of the eligible individual from the Veterans Crisis Line; or ``(B) who presents at a medical facility in an acute suicidal crisis. @@ -404,7 +405,7 @@ such chapter is amended by inserting after the item relation to section ``1720J. Emergent suicide care.''. (c) Effective Date.--The Secretary shall furnish or pay for emergent suicide care under section 1720J of title 38, United States -Code, as added by subsection (a), beginning on the date that is 180 +Code, as added by subsection (a), beginning on the date that is 270 days after the date of the enactment of this Act. SEC. 202. EDUCATION PROGRAM FOR FAMILY MEMBERS AND CAREGIVERS OF @@ -431,16 +432,15 @@ family members of eligible veterans with mental health disorders. provided pursuant to the program of comprehensive assistance for family caregivers of the Department of Veterans Affairs - established under section 1720G of title 38, + established under section 1720G(a) of title 38, United States Code; and (ii) make such component available on the - internet website of the Department that relates + Internet website of the Department that relates to caregiver training. (B) Family members.--The Secretary shall carry out the component of the education program that relates to - the education and training of family members (who are - not caregivers) at facilities of the Department as - follows: + the education and training of non-caregiver family + members at facilities of the Department as follows: (i) Not less than five medical centers of the Department. (ii) Not less than five clinics of the @@ -470,11 +470,11 @@ family members of eligible veterans with mental health disorders. (5) to family members and caregivers of eligible veterans and covered veterans. (B) Qualified entity described.--A qualified entity - described in this subparagraph is a nonprofit entity + described in this subparagraph is a non-profit entity with experience in mental health education and outreach, including work with children, teens, and young adults, that-- - (i) uses high-quality, relevant, and age- + (i) uses high quality, relevant, and age- appropriate information in educational programming, materials, and coursework, including such programming, materials, and @@ -621,9 +621,8 @@ members or their designees: (5) The Secretary of Defense. (6) The Secretary of Homeland Security. (7) The Chief of the Army Corps of Engineers. - (8) At least two representatives from organizations - recognized by the Secretary of Veterans Affairs under section - 5902 of title 38, United States Code. + (8) At least two representatives from veterans service + organizations. (9) Any other member that the Secretary of Veterans Affairs determines to be appropriate. (c) Chairpersons.--The Secretary of Veterans Affairs and the @@ -665,15 +664,9 @@ subsection (e)(2). (g) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. - (h) Definitions.--In this section: - (1) The term ``public lands'' means any recreational lands - under the jurisdiction of the Federal Government or a State or - local government. - (2) The term ``veteran'' means an individual who is-- - (A) a veteran, as such term is defined in section - 101 of title 38, United States Code; or - (B) an eligible individual under section 1720I(b) - of title 38. + (h) Public Lands Defined.--In this section, the term ``public +lands'' means any recreational lands under the jurisdiction of the +Federal Government or a State or local government. SEC. 204. CONTACT OF CERTAIN VETERANS TO ENCOURAGE RECEIPT OF COMPREHENSIVE MEDICAL EXAMINATIONS. @@ -692,7 +685,7 @@ medical examinations including the following: veteran has not received such an examination in the year immediately preceding the date of such examination. (b) Examinations.-- - (1) VA health care facilities.--If a covered veteran elects + (1) Va health care facilities.--If a covered veteran elects to receive more than one examination described in subsection (a) at a health care facility of the Department of Veterans Affairs, the Under Secretary of Health shall seek to furnish @@ -708,7 +701,7 @@ medical examinations including the following: may pay for a rural covered veteran to travel to a health care facility to receive an examination described in subsection (a). (2) Shuttle service.--The Under Secretary of Health shall - seek to enter into agreements with nonprofit organizations to + seek to enter into agreements with non-profit organizations to provide shuttle service to rural covered veterans for examinations described in subsection (a). (d) Report Required.--Not later than 18 months after the date of @@ -820,7 +813,7 @@ the following information: (1) The number of women veterans who reside in each State. (2) The number of women veterans in each State who are enrolled in the patient enrollment system of the Department - under section 1705 of title 38, United States Code. + under section 1705(a) of title 38, United States Code. (3) Of the women veterans who are so enrolled, the number who have received health care under the laws administered by the Secretary at least one time during the one-year period @@ -849,4 +842,23 @@ the following information: the largest rate of decrease in patient population of women veterans as measured by the decrease in unique women veterans patient use. - \ No newline at end of file + + Passed the House of Representatives September 23, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 8247 + +_______________________________________________________________________ + + AN ACT + +To make certain improvements relating to the transition of individuals +to services from the Department of Veterans Affairs, suicide prevention + for veterans, and care and services for women veterans, and for other + purposes. From 4c34ccc2f4a1e0ef576925b19b6096d06aca25bb Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 633/984] House-8247: Received in Senate --- bills_text/House-8247.txt | 26 ++++++++++++-------------- 1 file changed, 12 insertions(+), 14 deletions(-) diff --git a/bills_text/House-8247.txt b/bills_text/House-8247.txt index 0fbbf5a..635af49 100644 --- a/bills_text/House-8247.txt +++ b/bills_text/House-8247.txt @@ -2,6 +2,16 @@ 2d Session H. R. 8247 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + September 24, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -847,18 +857,6 @@ the following information: Attest: - Clerk. -116th CONGRESS - - 2d Session + CHERYL L. JOHNSON, - H. R. 8247 - -_______________________________________________________________________ - - AN ACT - -To make certain improvements relating to the transition of individuals -to services from the Department of Veterans Affairs, suicide prevention - for veterans, and care and services for women veterans, and for other - purposes. + Clerk. From 79f4468a1f248fe5ffb10626fa3a9bd35deb8f47 Mon Sep 17 00:00:00 2001 From: "Rep. Takano, Mark [D-CA-41]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 634/984] House-8247: Enrolled --- bills_text/House-8247.txt | 1226 +++++++++++++++++-------------------- 1 file changed, 573 insertions(+), 653 deletions(-) diff --git a/bills_text/House-8247.txt b/bills_text/House-8247.txt index 635af49..797cbda 100644 --- a/bills_text/House-8247.txt +++ b/bills_text/House-8247.txt @@ -1,33 +1,30 @@ -116th CONGRESS - 2d Session - H. R. 8247 + H.R.8247 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - September 24, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act -To make certain improvements relating to the transition of individuals + To make certain improvements relating to the transition of individuals to services from the Department of Veterans Affairs, suicide prevention for veterans, and care and services for women veterans, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``Veterans Comprehensive Prevention, Access to Care, and Treatment Act of 2020'' or the ``Veterans COMPACT Act of 2020''. @@ -35,199 +32,181 @@ or the ``Veterans COMPACT Act of 2020''. follows: Sec. 1. Short title; table of contents. - TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM + + TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS Sec. 101. Pilot program on information sharing between Department of - Veterans Affairs and designated relatives - and friends of veterans regarding - assistance and benefits available to the - veterans. -Sec. 102. Annual report on Solid Start program of Department of - Veterans Affairs. + Veterans Affairs and designated relatives and friends of + veterans regarding assistance and benefits available to the + veterans. +Sec. 102. Annual report on Solid Start program of Department of Veterans + Affairs. + TITLE II--SUICIDE PREVENTION Sec. 201. Department of Veterans Affairs provision of emergent suicide - care. + care. Sec. 202. Education program for family members and caregivers of - veterans with mental health disorders. + veterans with mental health disorders. Sec. 203. Interagency Task Force on Outdoor Recreation for Veterans. Sec. 204. Contact of certain veterans to encourage receipt of - comprehensive medical examinations. + comprehensive medical examinations. Sec. 205. Police crisis intervention training of Department of Veterans - Affairs. + Affairs. + TITLE III--IMPROVEMENT OF CARE AND SERVICES FOR WOMEN VETERANS Sec. 301. Gap analysis of Department of Veterans Affairs programs that - provide assistance to women veterans who - are homeless. -Sec. 302. Report on locations where women veterans are using health - care from Department of Veterans Affairs. + provide assistance to women veterans who are homeless. +Sec. 302. Report on locations where women veterans are using health care + from Department of Veterans Affairs. TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS -SEC. 101. PILOT PROGRAM ON INFORMATION SHARING BETWEEN DEPARTMENT OF - VETERANS AFFAIRS AND DESIGNATED RELATIVES AND FRIENDS OF - VETERANS REGARDING ASSISTANCE AND BENEFITS AVAILABLE TO - THE VETERANS. - + SEC. 101. PILOT PROGRAM ON INFORMATION SHARING BETWEEN DEPARTMENT + OF VETERANS AFFAIRS AND DESIGNATED RELATIVES AND FRIENDS OF + VETERANS REGARDING ASSISTANCE AND BENEFITS AVAILABLE TO THE + VETERANS. (a) Pilot Program Required.-- - (1) In general.--Not later than one year after the date of - the enactment of this Act, the Secretary of Veterans Affairs - shall commence carrying out a pilot program-- - (A) to encourage members of the Armed Forces who - are transitioning from service in the Armed Forces to - civilian life, before separating from such service, to - designate up to 10 persons to whom information - regarding the assistance and benefits available to the - veterans under laws administered by the Secretary shall - be disseminated using the contact information obtained - under paragraph (7); and - (B) provides such persons, within 30 days after the - date on which such persons are designated under - subparagraph (A), the option to elect to receive such - information. - (2) Duration.--The Secretary shall carry out the pilot - program during a period beginning on the date of the - commencement of the pilot program that is not less than two - years. - (3) Dissemination.--The Secretary shall disseminate - information described in paragraph (1)(A) under the pilot - program no less than quarterly. - (4) Types of information.--The types of information to be - disseminated under the pilot program to persons who elect to - receive such information shall include information regarding - the following: - (A) Services and benefits offered to veterans and - their family members by the Department of Veterans - Affairs. - (B) Challenges and stresses that might accompany - transitioning from service in the Armed Forces to - civilian life. - (C) Services available to veterans and their family - members to cope with the experiences and challenges of - service in the Armed Forces and transition from such - service to civilian life. - (D) Services available through community partner - organizations to support veterans and their family - members. - (E) Services available through Federal, State, and - local government agencies to support veterans and their - family members. - (F) The environmental health registry program, - health and wellness programs, and resources for - preventing and managing diseases and illnesses. - (G) A toll-free telephone number through which such - persons who elect to receive information under the - pilot program may request information regarding the - program. - (H) Such other matters as the Secretary, in - consultation with members of the Armed Forces and such - persons who elect to receive information under the - pilot program, determines to be appropriate. - (5) Privacy of information.--In carrying out the pilot - program, the Secretary may not disseminate information under - paragraph (4) in violation of laws and regulations pertaining - to the privacy of members of the Armed Forces, including - requirements pursuant to-- - (A) section 552a of title 5, United States Code; - and - (B) the Health Insurance Portability and - Accountability Act of 1996 (Public Law 104-191). - (6) Notice and modifications.--In carrying out the pilot - program, the Secretary shall, with respect to a veteran-- - (A) ensure that such veteran is notified of the - ability to modify designations made by such veteran - under paragraph (1)(A); and - (B) upon the request of a veteran, authorize such - veteran to modify such designations at any time. - (7) Contact information.--In making a designation under the - pilot program, a veteran shall provide necessary contact - information, specifically including an email address, to - facilitate the dissemination of information regarding the - assistance and benefits available to the veteran under laws - administered by the Secretary. - (8) Opt-in and opt-out of pilot program.-- - (A) Opt-in by members.--A veteran may participate - in the pilot program only if the veteran voluntarily - elects to participate in the program. A veteran seeking - to make such an election shall make such election in a - manner, and by including such information, as the - Secretary shall specify for purposes of the pilot - program. - (B) Opt-in by designated recipients.--A person - designated pursuant to paragraph (1)(A) may receive - information under the pilot program only if the person - makes the election described in paragraph (1)(B). - (C) Opt-out.--In carrying out the pilot program, - the Secretary shall, with respect to a person who has - elected to receive information under such pilot - program, cease disseminating such information to that - person upon request of such person. + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary of Veterans Affairs shall + commence carrying out a pilot program-- + (A) to encourage members of the Armed Forces who are + transitioning from service in the Armed Forces to civilian + life, before separating from such service, to designate up to + 10 persons to whom information regarding the assistance and + benefits available to the veterans under laws administered by + the Secretary shall be disseminated using the contact + information obtained under paragraph (7); and + (B) provides such persons, within 30 days after the date on + which such persons are designated under subparagraph (A), the + option to elect to receive such information. + (2) Duration.--The Secretary shall carry out the pilot program + during a period beginning on the date of the commencement of the + pilot program that is not less than two years. + (3) Dissemination.--The Secretary shall disseminate information + described in paragraph (1)(A) under the pilot program no less than + quarterly. + (4) Types of information.--The types of information to be + disseminated under the pilot program to persons who elect to + receive such information shall include information regarding the + following: + (A) Services and benefits offered to veterans and their + family members by the Department of Veterans Affairs. + (B) Challenges and stresses that might accompany + transitioning from service in the Armed Forces to civilian + life. + (C) Services available to veterans and their family members + to cope with the experiences and challenges of service in the + Armed Forces and transition from such service to civilian life. + (D) Services available through community partner + organizations to support veterans and their family members. + (E) Services available through Federal, State, and local + government agencies to support veterans and their family + members. + (F) The environmental health registry program, health and + wellness programs, and resources for preventing and managing + diseases and illnesses. + (G) A toll-free telephone number through which such persons + who elect to receive information under the pilot program may + request information regarding the program. + (H) Such other matters as the Secretary, in consultation + with members of the Armed Forces and such persons who elect to + receive information under the pilot program, determines to be + appropriate. + (5) Privacy of information.--In carrying out the pilot program, + the Secretary may not disseminate information under paragraph (4) + in violation of laws and regulations pertaining to the privacy of + members of the Armed Forces, including requirements pursuant to-- + (A) section 552a of title 5, United States Code; and + (B) the Health Insurance Portability and Accountability Act + of 1996 (Public Law 104-191). + (6) Notice and modifications.--In carrying out the pilot + program, the Secretary shall, with respect to a veteran-- + (A) ensure that such veteran is notified of the ability to + modify designations made by such veteran under paragraph + (1)(A); and + (B) upon the request of a veteran, authorize such veteran + to modify such designations at any time. + (7) Contact information.--In making a designation under the + pilot program, a veteran shall provide necessary contact + information, specifically including an email address, to facilitate + the dissemination of information regarding the assistance and + benefits available to the veteran under laws administered by the + Secretary. + (8) Opt-in and opt-out of pilot program.-- + (A) Opt-in by members.--A veteran may participate in the + pilot program only if the veteran voluntarily elects to + participate in the program. A veteran seeking to make such an + election shall make such election in a manner, and by including + such information, as the Secretary shall specify for purposes + of the pilot program. + (B) Opt-in by designated recipients.--A person designated + pursuant to paragraph (1)(A) may receive information under the + pilot program only if the person makes the election described + in paragraph (1)(B). + (C) Opt-out.--In carrying out the pilot program, the + Secretary shall, with respect to a person who has elected to + receive information under such pilot program, cease + disseminating such information to that person upon request of + such person. (b) Survey and Report on Pilot Program.-- - (1) Survey.-- - (A) In general.--Not later than one year after the - date of the commencement of the pilot program and not - less frequently than once each year thereafter for the - duration of the pilot program, the Secretary shall - administer a survey to persons who ever elected to - receive information under the pilot program for the - purpose of receiving feedback regarding the quality of - information disseminated under this section. - (B) Elements.--Each survey conducted under - subparagraph (A) shall include solicitation of the - following: - (i) Feedback on the following: - (I) The nature of information - disseminated under the pilot program. - (II) Satisfaction with the pilot - program. - (III) The utility of the pilot - program. - (IV) Overall pilot program - successes and challenges. - (ii) Recommendations for improving the - pilot program. - (iii) Reasons for opting in or out of the - pilot program. - (iv) Such other feedback or matters as the - Secretary considers appropriate. - (2) Report.-- - (A) In general.--Not later than three years after - the date on which the pilot program commences, the - Secretary shall submit to the Committees on Veterans' - Affairs of the House of Representatives and the Senate - a final report on the pilot program. - (B) Contents.--The report submitted under - subparagraph (A) shall include the following: - (i) The results of the survey administered - under paragraph (1). - (ii) The number of participants enrolled in - the pilot program who are veterans. - (iii) The number of persons designated - under subsection (a)(1)(A). - (iv) The number of such persons who opted - in or out of the pilot program under subsection - (a)(8). - (v) The average period such persons - remained in the pilot program. - (vi) An assessment of the feasibility and - advisability of making the pilot program - permanent. - (vii) Identification of legislative or - administrative action that may be necessary if - the pilot program is made permanent. - (viii) A plan to expand the pilot program - if the pilot program is made permanent. - (ix) If the Secretary finds under clause - (vi) that making the pilot program permanent is - not feasible or advisable, a justification for - such finding. - -SEC. 102. ANNUAL REPORT ON SOLID START PROGRAM OF DEPARTMENT OF - VETERANS AFFAIRS. - + (1) Survey.-- + (A) In general.--Not later than one year after the date of + the commencement of the pilot program and not less frequently + than once each year thereafter for the duration of the pilot + program, the Secretary shall administer a survey to persons who + ever elected to receive information under the pilot program for + the purpose of receiving feedback regarding the quality of + information disseminated under this section. + (B) Elements.--Each survey conducted under subparagraph (A) + shall include solicitation of the following: + (i) Feedback on the following: + + (I) The nature of information disseminated under + the pilot program. + (II) Satisfaction with the pilot program. + (III) The utility of the pilot program. + (IV) Overall pilot program successes and + challenges. + + (ii) Recommendations for improving the pilot program. + (iii) Reasons for opting in or out of the pilot + program. + (iv) Such other feedback or matters as the Secretary + considers appropriate. + (2) Report.-- + (A) In general.--Not later than three years after the date + on which the pilot program commences, the Secretary shall + submit to the Committees on Veterans' Affairs of the House of + Representatives and the Senate a final report on the pilot + program. + (B) Contents.--The report submitted under subparagraph (A) + shall include the following: + (i) The results of the survey administered under + paragraph (1). + (ii) The number of participants enrolled in the pilot + program who are veterans. + (iii) The number of persons designated under subsection + (a)(1)(A). + (iv) The number of such persons who opted in or out of + the pilot program under subsection (a)(8). + (v) The average period such persons remained in the + pilot program. + (vi) An assessment of the feasibility and advisability + of making the pilot program permanent. + (vii) Identification of legislative or administrative + action that may be necessary if the pilot program is made + permanent. + (viii) A plan to expand the pilot program if the pilot + program is made permanent. + (ix) If the Secretary finds under clause (vi) that + making the pilot program permanent is not feasible or + advisable, a justification for such finding. + SEC. 102. ANNUAL REPORT ON SOLID START PROGRAM OF DEPARTMENT OF + VETERANS AFFAIRS. (a) Reports Required.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period of five years, the Secretary of Veterans Affairs shall submit to the Committees @@ -236,59 +215,56 @@ report on the Solid Start program of the Department of Veterans Affairs. (b) Elements.--Each report under subsection (a) shall include the following: - (1) With respect to each veteran called or emailed under - the Solid Start program: - (A) The Armed Force in which the veteran served. - (B) Age. - (C) Gender. - (D) Whether the veteran responded to the call or - email. - (E) Whether the call or email resulted in a call to - the Veterans Crisis Line established pursuant to - section 1720F(h) of title 38, United States Code. - (F) Whether the call or email resulted in a - referral to-- - (i) compensation and pension determination; - (ii) enrollment in the patient enrollment - system of the Department; or - (iii) any other program or benefit under - the laws administered by the Secretary. - (2) Any change to the Solid Start program implemented by - the Secretary since the date of the previous such report. + (1) With respect to each veteran called or emailed under the + Solid Start program: + (A) The Armed Force in which the veteran served. + (B) Age. + (C) Gender. + (D) Whether the veteran responded to the call or email. + (E) Whether the call or email resulted in a call to the + Veterans Crisis Line established pursuant to section 1720F(h) + of title 38, United States Code. + (F) Whether the call or email resulted in a referral to-- + (i) compensation and pension determination; + (ii) enrollment in the patient enrollment system of the + Department; or + (iii) any other program or benefit under the laws + administered by the Secretary. + (2) Any change to the Solid Start program implemented by the + Secretary since the date of the previous such report. (c) Prohibition on Personally Identifiable Information.--No report under subsection (a) may contain any personally identifiable information regarding a veteran. TITLE II--SUICIDE PREVENTION -SEC. 201. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF EMERGENT SUICIDE - CARE. - + SEC. 201. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF EMERGENT + SUICIDE CARE. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720J. Emergent suicide care ``(a) Emergent Suicide Care.--Pursuant to this section, the Secretary shall-- - ``(1) furnish emergent suicide care to an eligible - individual at a medical facility of the Department; - ``(2) pay for emergent suicide care provided to an eligible - individual at a non-Department facility; and - ``(3) reimburse an eligible individual for emergent suicide - care provided to the eligible individual at a non-Department - facility. + ``(1) furnish emergent suicide care to an eligible individual + at a medical facility of the Department; + ``(2) pay for emergent suicide care provided to an eligible + individual at a non-Department facility; and + ``(3) reimburse an eligible individual for emergent suicide + care provided to the eligible individual at a non-Department + facility. ``(b) Eligibility.--An individual is eligible for emergent suicide care under subsection (a) if the individual is in an acute suicidal crisis and is either of the following: - ``(1) A veteran (as defined in section 101). - ``(2) An individual described in section 1720I(b) of this - title. + ``(1) A veteran (as defined in section 101). + ``(2) An individual described in section 1720I(b) of this + title. ``(c) Period of Care.--(1) Emergent suicide care provided under subsection (a) shall be furnished to an eligible individual-- - ``(A) through inpatient or crisis residential care, for a - period not to exceed 30 days; or - ``(B) if care under subparagraph (A) is unavailable, or if - such care is not clinically appropriate, as outpatient care for - a period not to exceed 90 days. + ``(A) through inpatient or crisis residential care, for a + period not to exceed 30 days; or + ``(B) if care under subparagraph (A) is unavailable, or if such + care is not clinically appropriate, as outpatient care for a period + not to exceed 90 days. ``(2) If, upon the expiration of a period under paragraph (1), the Secretary determines that the eligible individual remains in an acute suicidal crisis, the Secretary may extend such period as the Secretary @@ -300,49 +276,44 @@ of such care within seven days of admission to such facility. ``(e) Outreach.--During any period when an eligible individual is receiving emergent suicide care under subsection (a), the Secretary shall-- - ``(1) ensure that-- - ``(A) in the case of an eligible individual whom - the Veterans Crisis Line recommends to seek emergent - suicide care at a medical facility of the Department, - the Veterans Crisis Line notifies the Suicide - Prevention Coordinator of such medical facility; - ``(B) in the case of an eligible individual who - presents at a medical facility of the Department in an - acute suicidal crisis without a recommendation by the - Veterans Crisis Line, the Secretary notifies the - Suicide Prevention Coordinator; - ``(C) in the case of an eligible individual whom - the Veterans Crisis Line recommends to seek treatment - at a non-Department facility, the Veterans Crisis Line - notifies the Suicide Prevention Coordinator and the - Office of Community Care at the medical facility of the - Department located nearest to the eligible individual; - and - ``(D) in the case of an eligible individual who - presents at a non-Department facility in an acute - suicidal crisis without a recommendation by the - Veterans Crisis Line and for whom the Secretary - receives a notification under subsection (d), the - Secretary notifies the Suicide Prevention Coordinator - and the Office of Community Care at the medical - facility of the Department located nearest to the - eligible individual; - ``(2) determine the eligibility of the eligible individual - for other programs and benefits under the laws administered by - the Secretary (or shall make such determination as soon as - practicable following the period of such emergent suicide - care); and - ``(3) make referrals for care following the period of such - emergent suicide care, as the Secretary determines appropriate. + ``(1) ensure that-- + ``(A) in the case of an eligible individual whom the + Veterans Crisis Line recommends to seek emergent suicide care + at a medical facility of the Department, the Veterans Crisis + Line notifies the Suicide Prevention Coordinator of such + medical facility; + ``(B) in the case of an eligible individual who presents at + a medical facility of the Department in an acute suicidal + crisis without a recommendation by the Veterans Crisis Line, + the Secretary notifies the Suicide Prevention Coordinator; + ``(C) in the case of an eligible individual whom the + Veterans Crisis Line recommends to seek treatment at a non- + Department facility, the Veterans Crisis Line notifies the + Suicide Prevention Coordinator and the Office of Community Care + at the medical facility of the Department located nearest to + the eligible individual; and + ``(D) in the case of an eligible individual who presents at + a non-Department facility in an acute suicidal crisis without a + recommendation by the Veterans Crisis Line and for whom the + Secretary receives a notification under subsection (d), the + Secretary notifies the Suicide Prevention Coordinator and the + Office of Community Care at the medical facility of the + Department located nearest to the eligible individual; + ``(2) determine the eligibility of the eligible individual for + other programs and benefits under the laws administered by the + Secretary (or shall make such determination as soon as practicable + following the period of such emergent suicide care); and + ``(3) make referrals for care following the period of such + emergent suicide care, as the Secretary determines appropriate. ``(f) Prohibition on Charge.--(1) If the Secretary provides emergent suicide care to an eligible individual under subsection (a), the Secretary-- - ``(A) may not charge the eligible individual for any cost - of such emergent suicide care; and - ``(B) shall pay for any costs of emergency transportation - to a facility for such emergent suicide care (as such costs are - determined pursuant to section 1725 of this title, to the - extent practicable). + ``(A) may not charge the eligible individual for any cost of + such emergent suicide care; and + ``(B) shall pay for any costs of emergency transportation to a + facility for such emergent suicide care (as such costs are + determined pursuant to section 1725 of this title, to the extent + practicable). ``(2)(A) In addition to the requirements of paragraph (1), if the Secretary pays for emergent suicide care provided under subsection (a) to an eligible individual at a non-Department facility, the Secretary @@ -371,250 +342,216 @@ shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on emergent suicide care provided under subsection (a). Each such report shall include, for the year covered by the report-- - ``(1) the number of eligible individuals who received - emergent suicide care under subsection (a); - ``(2) demographic information regarding eligible - individuals described in paragraph (1); - ``(3) the types of care furnished or paid for this section; - and - ``(4) the total cost of providing care under subsection - (a). + ``(1) the number of eligible individuals who received emergent + suicide care under subsection (a); + ``(2) demographic information regarding eligible individuals + described in paragraph (1); + ``(3) the types of care furnished or paid for this section; and + ``(4) the total cost of providing care under subsection (a). ``(h) Definitions.--In this section: - ``(1) The term `acute suicidal crisis' means that an - individual was determined to be at imminent risk of self-harm - by a trained crisis responder or health care provider. - ``(2) The term `crisis residential care' means crisis - stabilization care provided-- - ``(A) in a residential setting; and - ``(B) in a facility other than a hospital. - ``(3) The term `crisis stabilization care' includes, with - respect to an individual in acute suicidal crisis, care that - ensures, to the extent practicable, immediate safety and - reduces-- - ``(A) the severity of distress; - ``(B) the need for urgent care; or - ``(C) the likelihood that the distress under - subparagraph (A) or need under subparagraph (B) will - increase during the transfer of that individual from a - facility at which the individual has received care for - that acute suicidal crisis. - ``(4) The term `emergent suicide care' means crisis - stabilization care provided to an eligible individual-- - ``(A) pursuant to a recommendation of the eligible - individual from the Veterans Crisis Line; or - ``(B) who presents at a medical facility in an - acute suicidal crisis. - ``(5) The term `health-plan contract' has the meaning given - such term in section 1725 of this title. - ``(6) The term `Veterans Crisis Line' means the hotline - under section 1720F(h) of this title.''. + ``(1) The term `acute suicidal crisis' means that an individual + was determined to be at imminent risk of self-harm by a trained + crisis responder or health care provider. + ``(2) The term `crisis residential care' means crisis + stabilization care provided-- + ``(A) in a residential setting; and + ``(B) in a facility other than a hospital. + ``(3) The term `crisis stabilization care' includes, with + respect to an individual in acute suicidal crisis, care that + ensures, to the extent practicable, immediate safety and reduces-- + ``(A) the severity of distress; + ``(B) the need for urgent care; or + ``(C) the likelihood that the distress under subparagraph + (A) or need under subparagraph (B) will increase during the + transfer of that individual from a facility at which the + individual has received care for that acute suicidal crisis. + ``(4) The term `emergent suicide care' means crisis + stabilization care provided to an eligible individual-- + ``(A) pursuant to a recommendation of the eligible + individual from the Veterans Crisis Line; or + ``(B) who presents at a medical facility in an acute + suicidal crisis. + ``(5) The term `health-plan contract' has the meaning given + such term in section 1725 of this title. + ``(6) The term `Veterans Crisis Line' means the hotline under + section 1720F(h) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relation to section 1720I the following new item: ``1720J. Emergent suicide care.''. + (c) Effective Date.--The Secretary shall furnish or pay for emergent suicide care under section 1720J of title 38, United States Code, as added by subsection (a), beginning on the date that is 270 days after the date of the enactment of this Act. - -SEC. 202. EDUCATION PROGRAM FOR FAMILY MEMBERS AND CAREGIVERS OF - VETERANS WITH MENTAL HEALTH DISORDERS. - + SEC. 202. EDUCATION PROGRAM FOR FAMILY MEMBERS AND CAREGIVERS OF + VETERANS WITH MENTAL HEALTH DISORDERS. (a) Establishment.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an education program (in this section referred to as the ``education program'') for the education and training of caregivers and family members of eligible veterans with mental health disorders. (b) Education Program.-- - (1) In general.--Under the education program, the Secretary - shall provide a course of education to caregivers and family - members of eligible veterans on matters relating to coping with - mental health disorders in veterans. - (2) Duration.--The Secretary shall carry out the education - program during the four-year period beginning on the date of - the commencement of the education program. - (3) Scope.-- - (A) Caregivers.--The Secretary, with respect to the - component of the education program that relates to the - education and training of caregivers, shall-- - (i) include such component in the training - provided pursuant to the program of - comprehensive assistance for family caregivers - of the Department of Veterans Affairs - established under section 1720G(a) of title 38, - United States Code; and - (ii) make such component available on the - Internet website of the Department that relates - to caregiver training. - (B) Family members.--The Secretary shall carry out - the component of the education program that relates to - the education and training of non-caregiver family - members at facilities of the Department as follows: - (i) Not less than five medical centers of - the Department. - (ii) Not less than five clinics of the - Department. - (iii) Not less than five Vet Centers (as - defined in section 1712A(h) of title 38, United - States Code). - (C) Solicitation of applications.--In selecting - locations pursuant to subparagraph (B), the Secretary - shall solicit applications from eligible facilities of - the Department that are interested in carrying out the - education program. - (D) Considerations.--In selecting locations - pursuant to subparagraph (B), the Secretary shall - consider the feasibility and advisability of selecting - locations in the following areas: - (i) Rural areas. - (ii) Areas that are not in close proximity - to an active duty installation. - (iii) Areas in different geographic - locations. - (4) Contracts.-- - (A) In general.--In carrying out the education - program, the Secretary shall enter into contracts with - qualified entities described in subparagraph (B) to - offer the course of education described in paragraph - (5) to family members and caregivers of eligible - veterans and covered veterans. - (B) Qualified entity described.--A qualified entity - described in this subparagraph is a non-profit entity - with experience in mental health education and - outreach, including work with children, teens, and - young adults, that-- - (i) uses high quality, relevant, and age- - appropriate information in educational - programming, materials, and coursework, - including such programming, materials, and - coursework for children, teens, and young - adults; and - (ii) works with agencies, departments, - nonprofit mental health organizations, early - childhood educators, and mental health - providers to develop educational programming, - materials, and coursework. - (C) Priority.--In entering into contracts under - this paragraph, the Secretary shall give priority to - qualified entities that have demonstrated cultural - competence in serving military and veteran populations, - and, to the extent practicable, use internet technology - for the delivery of course content in an effort to - expand the availability of support services, especially - in rural areas. - (5) Course of education described.--The course of education - described in this paragraph shall consist of curriculum that - includes the following: - (A) General education on different mental health - disorders, including information to improve - understanding of the experiences of individuals - suffering from such disorders. - (B) Techniques for handling crisis situations and - administering mental health first aid to individuals - suffering from a mental health disorder. - (C) Techniques for coping with the stress of living - with an individual suffering from a mental health - disorder. - (D) Information on additional services available - for family members and caregivers through the - Department or community organizations and providers - related to mental health disorders. - (E) Such other matters as the Secretary considers - appropriate. + (1) In general.--Under the education program, the Secretary + shall provide a course of education to caregivers and family + members of eligible veterans on matters relating to coping with + mental health disorders in veterans. + (2) Duration.--The Secretary shall carry out the education + program during the four-year period beginning on the date of the + commencement of the education program. + (3) Scope.-- + (A) Caregivers.--The Secretary, with respect to the + component of the education program that relates to the + education and training of caregivers, shall-- + (i) include such component in the training provided + pursuant to the program of comprehensive assistance for + family caregivers of the Department of Veterans Affairs + established under section 1720G(a) of title 38, United + States Code; and + (ii) make such component available on the Internet + website of the Department that relates to caregiver + training. + (B) Family members.--The Secretary shall carry out the + component of the education program that relates to the + education and training of non-caregiver family members at + facilities of the Department as follows: + (i) Not less than five medical centers of the + Department. + (ii) Not less than five clinics of the Department. + (iii) Not less than five Vet Centers (as defined in + section 1712A(h) of title 38, United States Code). + (C) Solicitation of applications.--In selecting locations + pursuant to subparagraph (B), the Secretary shall solicit + applications from eligible facilities of the Department that + are interested in carrying out the education program. + (D) Considerations.--In selecting locations pursuant to + subparagraph (B), the Secretary shall consider the feasibility + and advisability of selecting locations in the following areas: + (i) Rural areas. + (ii) Areas that are not in close proximity to an active + duty installation. + (iii) Areas in different geographic locations. + (4) Contracts.-- + (A) In general.--In carrying out the education program, the + Secretary shall enter into contracts with qualified entities + described in subparagraph (B) to offer the course of education + described in paragraph (5) to family members and caregivers of + eligible veterans and covered veterans. + (B) Qualified entity described.--A qualified entity + described in this subparagraph is a non-profit entity with + experience in mental health education and outreach, including + work with children, teens, and young adults, that-- + (i) uses high quality, relevant, and age-appropriate + information in educational programming, materials, and + coursework, including such programming, materials, and + coursework for children, teens, and young adults; and + (ii) works with agencies, departments, nonprofit mental + health organizations, early childhood educators, and mental + health providers to develop educational programming, + materials, and coursework. + (C) Priority.--In entering into contracts under this + paragraph, the Secretary shall give priority to qualified + entities that have demonstrated cultural competence in serving + military and veteran populations, and, to the extent + practicable, use internet technology for the delivery of course + content in an effort to expand the availability of support + services, especially in rural areas. + (5) Course of education described.--The course of education + described in this paragraph shall consist of curriculum that + includes the following: + (A) General education on different mental health disorders, + including information to improve understanding of the + experiences of individuals suffering from such disorders. + (B) Techniques for handling crisis situations and + administering mental health first aid to individuals suffering + from a mental health disorder. + (C) Techniques for coping with the stress of living with an + individual suffering from a mental health disorder. + (D) Information on additional services available for family + members and caregivers through the Department or community + organizations and providers related to mental health disorders. + (E) Such other matters as the Secretary considers + appropriate. (c) Surveys.-- - (1) In general.--The Secretary shall conduct a - comprehensive survey of the satisfaction of individuals that - have participated in the course of education described in - subsection (b)(5). Such survey shall include a solicitation of - feedback on the following: - (A) The general satisfaction of those individuals - with the education and assistance provided under the - education program. - (B) The perceived effectiveness of the education - program in providing education and assistance that is - useful for those individuals. - (C) The applicability of the education program to - the issues faced by those individuals. - (D) Such other matters as the Secretary considers - appropriate. - (2) Compilation of information.--The information compiled - as a result of the surveys conducted under paragraph (1) shall - be-- - (A) disaggregated by facility type at which the - education program was carried out; and - (B) included in the annual reports under subsection - (d)(1). + (1) In general.--The Secretary shall conduct a comprehensive + survey of the satisfaction of individuals that have participated in + the course of education described in subsection (b)(5). Such survey + shall include a solicitation of feedback on the following: + (A) The general satisfaction of those individuals with the + education and assistance provided under the education program. + (B) The perceived effectiveness of the education program in + providing education and assistance that is useful for those + individuals. + (C) The applicability of the education program to the + issues faced by those individuals. + (D) Such other matters as the Secretary considers + appropriate. + (2) Compilation of information.--The information compiled as a + result of the surveys conducted under paragraph (1) shall be-- + (A) disaggregated by facility type at which the education + program was carried out; and + (B) included in the annual reports under subsection (d)(1). (d) Reports.-- - (1) Annual reports.-- - (A) In general.--Not later than one year after the - date of the commencement of the education program and - not later than September 30 each year thereafter until - 2024, the Secretary shall submit to the Committee on - Veterans' Affairs of the Senate and the Committee on - Veterans' Affairs of the House of Representatives a - report on-- - (i) the education program; and - (ii) the feasibility and advisability of - expanding the education program to include the - establishment of a peer support program - composed of individuals who complete the - education program (in this section referred to - as a ``peer support program''). - (B) Elements.--Each report submitted under - subparagraph (A) shall include the following: - (i) The number of individuals that - participated in the course of education - described in subsection (b)(5) during the year - preceding the submission of the report. - (ii) A detailed analysis of the surveys - conducted under subsection (c) with respect to - the individuals described in clause (i). - (iii) Any plans for expansion of the - education program. - (iv) An analysis of the feasibility and - advisability of establishing a peer support - program. - (v) The interim findings and conclusions of - the Secretary with respect to the success of - the education program and the feasibility and - advisability of establishing a peer support - program. - (2) Final report.-- - (A) In general.--Not later than one year after the - completion of the education program, the Secretary - shall submit to the Committees on Veterans' Affairs of - the House of Representatives and the Senate a final - report on the feasibility and advisability of - continuing the education program. - (B) Elements.--The final report under subparagraph - (A) shall include the following: - (i) A detailed analysis of the surveys - conducted under subsection (c). - (ii) An analysis of the feasibility and - advisability of continuing the education - program without entering into contracts for the - course of education described in subsection - (b)(5). - (iii) An analysis of the feasibility and - advisability of expanding the education - program. - (iv) An analysis of the feasibility and - advisability of establishing a peer support - program. + (1) Annual reports.-- + (A) In general.--Not later than one year after the date of + the commencement of the education program and not later than + September 30 each year thereafter until 2024, the Secretary + shall submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a report on-- + (i) the education program; and + (ii) the feasibility and advisability of expanding the + education program to include the establishment of a peer + support program composed of individuals who complete the + education program (in this section referred to as a ``peer + support program''). + (B) Elements.--Each report submitted under subparagraph (A) + shall include the following: + (i) The number of individuals that participated in the + course of education described in subsection (b)(5) during + the year preceding the submission of the report. + (ii) A detailed analysis of the surveys conducted under + subsection (c) with respect to the individuals described in + clause (i). + (iii) Any plans for expansion of the education program. + (iv) An analysis of the feasibility and advisability of + establishing a peer support program. + (v) The interim findings and conclusions of the + Secretary with respect to the success of the education + program and the feasibility and advisability of + establishing a peer support program. + (2) Final report.-- + (A) In general.--Not later than one year after the + completion of the education program, the Secretary shall submit + to the Committees on Veterans' Affairs of the House of + Representatives and the Senate a final report on the + feasibility and advisability of continuing the education + program. + (B) Elements.--The final report under subparagraph (A) + shall include the following: + (i) A detailed analysis of the surveys conducted under + subsection (c). + (ii) An analysis of the feasibility and advisability of + continuing the education program without entering into + contracts for the course of education described in + subsection (b)(5). + (iii) An analysis of the feasibility and advisability + of expanding the education program. + (iv) An analysis of the feasibility and advisability of + establishing a peer support program. (e) Monitoring of Program.--The Secretary shall select mental health care providers of the Department to monitor the progress of the instruction provided under the education program. (f) Definitions.--In this section: - (1) The term ``eligible veteran'' means a veteran who is - enrolled in the health care system established under section - 1705(a) of title 38, United States Code. - (2) The terms ``caregiver'' and ``family member'' have the - meaning given those terms in section 1720G(d) of title 38, - United States Code. - -SEC. 203. INTERAGENCY TASK FORCE ON OUTDOOR RECREATION FOR VETERANS. - + (1) The term ``eligible veteran'' means a veteran who is + enrolled in the health care system established under section + 1705(a) of title 38, United States Code. + (2) The terms ``caregiver'' and ``family member'' have the + meaning given those terms in section 1720G(d) of title 38, United + States Code. + SEC. 203. INTERAGENCY TASK FORCE ON OUTDOOR RECREATION FOR + VETERANS. (a) Establishment.--Not later than 18 months after the date on which the national emergency declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the @@ -624,50 +561,48 @@ Outdoor Recreation for Veterans'' (in this section referred to as the ``Task Force''). (b) Composition.--The Task Force shall be composed of the following members or their designees: - (1) The Secretary of Veterans Affairs. - (2) The Secretary of the Interior. - (3) The Secretary of Health and Human Services. - (4) The Secretary of Agriculture. - (5) The Secretary of Defense. - (6) The Secretary of Homeland Security. - (7) The Chief of the Army Corps of Engineers. - (8) At least two representatives from veterans service - organizations. - (9) Any other member that the Secretary of Veterans Affairs - determines to be appropriate. + (1) The Secretary of Veterans Affairs. + (2) The Secretary of the Interior. + (3) The Secretary of Health and Human Services. + (4) The Secretary of Agriculture. + (5) The Secretary of Defense. + (6) The Secretary of Homeland Security. + (7) The Chief of the Army Corps of Engineers. + (8) At least two representatives from veterans service + organizations. + (9) Any other member that the Secretary of Veterans Affairs + determines to be appropriate. (c) Chairpersons.--The Secretary of Veterans Affairs and the Secretary of the Interior shall serve as co-chairpersons of the Task Force (in this section referred to as the ``Chairpersons''). (d) Duties.-- - (1) Task force.--The duties of the Task Force shall be-- - (A) to identify opportunities to formalize - coordination between the Department of Veterans - Affairs, public land agencies, and partner - organizations regarding the use of public lands and - other outdoor spaces for facilitating health and - wellness for veterans; - (B) to identify barriers that exist to providing - veterans with opportunities to augment the delivery of - services for health and wellness through the use of - outdoor recreation on public lands and other outdoor - spaces; and - (C) to develop recommendations to better facilitate - the use of public lands and other outdoor spaces for - promoting wellness and facilitating the delivery of - health care and therapeutic interventions for veterans. - (2) Consultation.--The Task Force shall carry out the - duties under paragraph (1) in consultation with appropriate - veterans outdoor recreation groups. + (1) Task force.--The duties of the Task Force shall be-- + (A) to identify opportunities to formalize coordination + between the Department of Veterans Affairs, public land + agencies, and partner organizations regarding the use of public + lands and other outdoor spaces for facilitating health and + wellness for veterans; + (B) to identify barriers that exist to providing veterans + with opportunities to augment the delivery of services for + health and wellness through the use of outdoor recreation on + public lands and other outdoor spaces; and + (C) to develop recommendations to better facilitate the use + of public lands and other outdoor spaces for promoting wellness + and facilitating the delivery of health care and therapeutic + interventions for veterans. + (2) Consultation.--The Task Force shall carry out the duties + under paragraph (1) in consultation with appropriate veterans + outdoor recreation groups. (e) Reports.-- - (1) Preliminary report.--Not later than one year after the - date on which the Task Force is established, the Chairpersons - shall submit to Congress a report on the preliminary findings - of the Task Force. - (2) Final report.--Not later than one year after the date - of the submission of the preliminary report under paragraph - (1), the Chairpersons shall submit to Congress a report on the - findings of the Task Force, which shall include the - recommendations developed under subsection (d)(1)(C). + (1) Preliminary report.--Not later than one year after the date + on which the Task Force is established, the Chairpersons shall + submit to Congress a report on the preliminary findings of the Task + Force. + (2) Final report.--Not later than one year after the date of + the submission of the preliminary report under paragraph (1), the + Chairpersons shall submit to Congress a report on the findings of + the Task Force, which shall include the recommendations developed + under subsection (d)(1)(C). (f) Duration.--The Task Force shall terminate on the date that is one year after the date of the submission of the final report in subsection (e)(2). @@ -677,70 +612,64 @@ Task Force. (h) Public Lands Defined.--In this section, the term ``public lands'' means any recreational lands under the jurisdiction of the Federal Government or a State or local government. - -SEC. 204. CONTACT OF CERTAIN VETERANS TO ENCOURAGE RECEIPT OF - COMPREHENSIVE MEDICAL EXAMINATIONS. - + SEC. 204. CONTACT OF CERTAIN VETERANS TO ENCOURAGE RECEIPT OF + COMPREHENSIVE MEDICAL EXAMINATIONS. (a) Notice.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Health of the Department of Veterans Affairs shall seek to contact each covered veteran by mail, telephone, or email to encourage each covered veteran to receive medical examinations including the following: - (1) A comprehensive physical examination. - (2) A comprehensive mental health examination. - (3) A comprehensive eye examination if the covered veteran - has not received such an examination in the year immediately - preceding the date of such examination. - (4) A comprehensive audiological examination if the covered - veteran has not received such an examination in the year - immediately preceding the date of such examination. + (1) A comprehensive physical examination. + (2) A comprehensive mental health examination. + (3) A comprehensive eye examination if the covered veteran has + not received such an examination in the year immediately preceding + the date of such examination. + (4) A comprehensive audiological examination if the covered + veteran has not received such an examination in the year + immediately preceding the date of such examination. (b) Examinations.-- - (1) Va health care facilities.--If a covered veteran elects - to receive more than one examination described in subsection - (a) at a health care facility of the Department of Veterans - Affairs, the Under Secretary of Health shall seek to furnish - all such scheduled examinations on the same day. - (2) Community care.--Pursuant to subsection (d) or (e) of - section 1703 of title 38, United States Code, a covered veteran - may receive an examination described in subsection (a) from a - health care provider described in subsection (c) of that - section. + (1) Va health care facilities.--If a covered veteran elects to + receive more than one examination described in subsection (a) at a + health care facility of the Department of Veterans Affairs, the + Under Secretary of Health shall seek to furnish all such scheduled + examinations on the same day. + (2) Community care.--Pursuant to subsection (d) or (e) of + section 1703 of title 38, United States Code, a covered veteran may + receive an examination described in subsection (a) from a health + care provider described in subsection (c) of that section. (c) Transportation.-- - (1) Beneficiary travel program.--Pursuant to section 111 of - title 38, United States Code, the Secretary of Veterans Affairs - may pay for a rural covered veteran to travel to a health care - facility to receive an examination described in subsection (a). - (2) Shuttle service.--The Under Secretary of Health shall - seek to enter into agreements with non-profit organizations to - provide shuttle service to rural covered veterans for - examinations described in subsection (a). + (1) Beneficiary travel program.--Pursuant to section 111 of + title 38, United States Code, the Secretary of Veterans Affairs may + pay for a rural covered veteran to travel to a health care facility + to receive an examination described in subsection (a). + (2) Shuttle service.--The Under Secretary of Health shall seek + to enter into agreements with non-profit organizations to provide + shuttle service to rural covered veterans for examinations + described in subsection (a). (d) Report Required.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report regarding how many covered veterans scheduled examinations described in subsection (a) after receiving a letter, telephone call, or email under that subsection. (e) Definitions.--In this section: - (1) The term ``covered veteran'' means a veteran who-- - (A) is enrolled in the patient enrollment system of - the Department of Veterans Affairs under section 1705 - of title 38, United States Code; and - (B) has not received health care furnished or paid - for by the Secretary of Veterans Affairs during the two - years immediately preceding the date in subsection - (a)(1). - (2) The term ``rural covered veteran'' means a covered - veteran-- - (A) who lives in an area served by the Office of - Rural Health of the Department of Veterans Affairs; and - (B) whom the Under Secretary of Health determines - requires assistance to travel to a health care facility - to receive an examination described in subsection (a). - (3) The term ``veteran'' has the meaning given that term in - section 101 of title 38, United States Code. - -SEC. 205. POLICE CRISIS INTERVENTION TRAINING OF DEPARTMENT OF VETERANS - AFFAIRS. - + (1) The term ``covered veteran'' means a veteran who-- + (A) is enrolled in the patient enrollment system of the + Department of Veterans Affairs under section 1705 of title 38, + United States Code; and + (B) has not received health care furnished or paid for by + the Secretary of Veterans Affairs during the two years + immediately preceding the date in subsection (a)(1). + (2) The term ``rural covered veteran'' means a covered + veteran-- + (A) who lives in an area served by the Office of Rural + Health of the Department of Veterans Affairs; and + (B) whom the Under Secretary of Health determines requires + assistance to travel to a health care facility to receive an + examination described in subsection (a). + (3) The term ``veteran'' has the meaning given that term in + section 101 of title 38, United States Code. + SEC. 205. POLICE CRISIS INTERVENTION TRAINING OF DEPARTMENT OF + VETERANS AFFAIRS. (a) Training.--The Secretary of Veterans Affairs shall provide to Department police officers an annual training on the prevention of suicide among the population served by the Department police officers. @@ -748,17 +677,17 @@ suicide among the population served by the Department police officers. shall update any similar training provided before the date of the enactment of this Act to ensure that the curriculum for the training addresses, at a minimum, the following: - (1) Effective behavioral science procedures for suicide - prevention and risk mitigation. - (2) Crisis intervention and de-escalation skills, including - through the use of interactive training. - (3) Information about mental health and substance abuse - disorders. - (4) Information about local law enforcement crisis - intervention teams and other resources for veterans - experiencing mental health crises available by the Department - of Veterans Affairs, other elements of the Federal Government, - and the community in which the police officers serve. + (1) Effective behavioral science procedures for suicide + prevention and risk mitigation. + (2) Crisis intervention and de-escalation skills, including + through the use of interactive training. + (3) Information about mental health and substance abuse + disorders. + (4) Information about local law enforcement crisis intervention + teams and other resources for veterans experiencing mental health + crises available by the Department of Veterans Affairs, other + elements of the Federal Government, and the community in which the + police officers serve. (c) Consultation.--The Secretary shall ensure that the annual training provided to Department police officers at a medical facility of the Department under subsection (a) is provided in consultation with @@ -767,29 +696,28 @@ health experts at such facility. (d) Plan on Community Partnerships.--The Secretary shall ensure that each police force of a facility of the Department develops a plan to enter into partnerships with-- - (1) local community mental health organizations and - experts, local community veterans organizations, and local - community criminal justice organizations and experts; and - (2) local police departments, including by facilitating the - sharing of training resources with crisis intervention teams of - the local police departments. + (1) local community mental health organizations and experts, + local community veterans organizations, and local community + criminal justice organizations and experts; and + (2) local police departments, including by facilitating the + sharing of training resources with crisis intervention teams of the + local police departments. (e) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the annual training under subsection (a), including-- - (1) a description of the curriculum of such training; - (2) with respect to the year preceding the date of the - report-- - (A) the number of facilities of the Department that - conducted such training; - (B) the number of Department police officers who - received such training; and - (C) any barriers to ensuring that each Department - police officer receives such training; - (3) any recommendations to address the barriers identified - under paragraph (2)(C); and - (4) the number of facilities of the Department that have - entered into partnerships pursuant to subsection (d). + (1) a description of the curriculum of such training; + (2) with respect to the year preceding the date of the report-- + (A) the number of facilities of the Department that + conducted such training; + (B) the number of Department police officers who received + such training; and + (C) any barriers to ensuring that each Department police + officer receives such training; + (3) any recommendations to address the barriers identified + under paragraph (2)(C); and + (4) the number of facilities of the Department that have + entered into partnerships pursuant to subsection (d). (f) Department Police Officer Defined.--In this section, the term ``Department police officer'' means an employee of the Department of Veterans Affairs specified in section 902(a) of title 38, United States @@ -797,9 +725,8 @@ Code. TITLE III--IMPROVEMENT OF CARE AND SERVICES FOR WOMEN VETERANS -SEC. 301. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS THAT - PROVIDE ASSISTANCE TO WOMEN VETERANS WHO ARE HOMELESS. - + SEC. 301. GAP ANALYSIS OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS + THAT PROVIDE ASSISTANCE TO WOMEN VETERANS WHO ARE HOMELESS. (a) Analysis.--The Secretary of Veterans Affairs shall complete an analysis of programs of the Department of Veterans Affairs that provide assistance to women veterans who are homeless or precariously housed to @@ -809,10 +736,8 @@ of such women. enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the analysis completed under subsection (a). - -SEC. 302. REPORT ON LOCATIONS WHERE WOMEN VETERANS ARE USING HEALTH - CARE FROM DEPARTMENT OF VETERANS AFFAIRS. - + SEC. 302. REPORT ON LOCATIONS WHERE WOMEN VETERANS ARE USING HEALTH + CARE FROM DEPARTMENT OF VETERANS AFFAIRS. (a) Report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of @@ -820,43 +745,38 @@ Representatives and the Senate a report on the use by women veterans of health care from the Department of Veterans Affairs. (b) Elements.--Each report required by subsection (a) shall include the following information: - (1) The number of women veterans who reside in each State. - (2) The number of women veterans in each State who are - enrolled in the patient enrollment system of the Department - under section 1705(a) of title 38, United States Code. - (3) Of the women veterans who are so enrolled, the number - who have received health care under the laws administered by - the Secretary at least one time during the one-year period - preceding the submission of the report. - (4) The number of women veterans who have been seen at each - medical facility of the Department during such year, - disaggregated by facility. - (5) The number of appointments that women veterans have had - at a medical facility of the Department during such year, - disaggregated by-- - (A) facility; and - (B) appointments for-- - (i) primary care; - (ii) specialty care; and - (iii) mental health care. - (6) For each appointment type specified in paragraph - (5)(B), the number of appointments completed in-person and the - number of appointments completed through the use of telehealth. - (7) If known, an identification of the medical facility of - the Department in each Veterans Integrated Service Network with - the largest rate of increase in patient population of women - veterans as measured by the increase in unique women veteran - patient use. - (8) If known, an identification of the medical facility of - the Department in each Veterans Integrated Service Network with - the largest rate of decrease in patient population of women - veterans as measured by the decrease in unique women veterans - patient use. - - Passed the House of Representatives September 23, 2020. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. + (1) The number of women veterans who reside in each State. + (2) The number of women veterans in each State who are enrolled + in the patient enrollment system of the Department under section + 1705(a) of title 38, United States Code. + (3) Of the women veterans who are so enrolled, the number who + have received health care under the laws administered by the + Secretary at least one time during the one-year period preceding + the submission of the report. + (4) The number of women veterans who have been seen at each + medical facility of the Department during such year, disaggregated + by facility. + (5) The number of appointments that women veterans have had at + a medical facility of the Department during such year, + disaggregated by-- + (A) facility; and + (B) appointments for-- + (i) primary care; + (ii) specialty care; and + (iii) mental health care. + (6) For each appointment type specified in paragraph (5)(B), + the number of appointments completed in-person and the number of + appointments completed through the use of telehealth. + (7) If known, an identification of the medical facility of the + Department in each Veterans Integrated Service Network with the + largest rate of increase in patient population of women veterans as + measured by the increase in unique women veteran patient use. + (8) If known, an identification of the medical facility of the + Department in each Veterans Integrated Service Network with the + largest rate of decrease in patient population of women veterans as + measured by the decrease in unique women veterans patient use. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 4359d74f9f538d38bcd0890cfa1b0ca204504e5a Mon Sep 17 00:00:00 2001 From: "Rep. Murphy, Stephanie N. [D-FL-7]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 635/984] House-8276: Introduced to House --- bills_text/House-8276.txt | 48 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 bills_text/House-8276.txt diff --git a/bills_text/House-8276.txt b/bills_text/House-8276.txt new file mode 100644 index 0000000..6f35731 --- /dev/null +++ b/bills_text/House-8276.txt @@ -0,0 +1,48 @@ +116th CONGRESS + 2d Session + H. R. 8276 + +To authorize the President to posthumously award the Medal of Honor to + Alwyn C. Cashe for acts of valor during Operation Iraqi Freedom. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 16, 2020 + + Mrs. Murphy of Florida (for herself, Mr. Crenshaw, and Mr. Waltz) + introduced the following bill; which was referred to the Committee on + Armed Services + +_______________________________________________________________________ + + A BILL + + + +To authorize the President to posthumously award the Medal of Honor to + Alwyn C. Cashe for acts of valor during Operation Iraqi Freedom. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. AUTHORIZATION TO AWARD MEDAL OF HONOR TO SERGEANT FIRST + CLASS ALWYN C. CASHE FOR ACTS OF VALOR DURING OPERATION + IRAQI FREEDOM. + + (a) Waiver of Time Limitations.--Notwithstanding the time +limitations specified in section 7274 of title 10, United States Code, +or any other time limitation with respect to the awarding of certain +medals to persons who served in the Armed Forces, the President may +award the Medal of Honor under section 7271 of such title to Sergeant +First Class Alwyn C. Cashe for the acts of valor described in +subsection (b). + (b) Acts of Valor Described.--The acts of valor referred to in +subsection (a) are the actions of Sergeant First Class Alwyn C. Cashe +on October 17, 2005, as a member of the Army serving in Iraq in support +of Operation Iraqi Freedom, for which he was posthumously awarded the +Silver Star. + \ No newline at end of file From af4ff1b352670da4ca33b1720d9b1a92013d2880 Mon Sep 17 00:00:00 2001 From: "Rep. Murphy, Stephanie N. [D-FL-7]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 636/984] House-8276: Engrossed in House --- bills_text/House-8276.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/House-8276.txt b/bills_text/House-8276.txt index 6f35731..a9ec995 100644 --- a/bills_text/House-8276.txt +++ b/bills_text/House-8276.txt @@ -2,24 +2,9 @@ 2d Session H. R. 8276 -To authorize the President to posthumously award the Medal of Honor to - Alwyn C. Cashe for acts of valor during Operation Iraqi Freedom. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - September 16, 2020 - - Mrs. Murphy of Florida (for herself, Mr. Crenshaw, and Mr. Waltz) - introduced the following bill; which was referred to the Committee on - Armed Services - _______________________________________________________________________ - A BILL + AN ACT @@ -45,4 +30,21 @@ subsection (a) are the actions of Sergeant First Class Alwyn C. Cashe on October 17, 2005, as a member of the Army serving in Iraq in support of Operation Iraqi Freedom, for which he was posthumously awarded the Silver Star. - \ No newline at end of file + + Passed the House of Representatives September 22, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 8276 + +_______________________________________________________________________ + + AN ACT + +To authorize the President to posthumously award the Medal of Honor to + Alwyn C. Cashe for acts of valor during Operation Iraqi Freedom. From 1177734ca1270e6fa6c2258bffea0ce2e109e744 Mon Sep 17 00:00:00 2001 From: "Rep. Murphy, Stephanie N. [D-FL-7]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 637/984] House-8276: Received in Senate --- bills_text/House-8276.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-8276.txt b/bills_text/House-8276.txt index a9ec995..9f3131c 100644 --- a/bills_text/House-8276.txt +++ b/bills_text/House-8276.txt @@ -2,6 +2,16 @@ 2d Session H. R. 8276 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + September 23, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -35,16 +45,6 @@ Silver Star. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 8276 - -_______________________________________________________________________ - - AN ACT - -To authorize the President to posthumously award the Medal of Honor to - Alwyn C. Cashe for acts of valor during Operation Iraqi Freedom. + Clerk. From 1750180c8dc0ff0a1e936183d575a56323ca1aec Mon Sep 17 00:00:00 2001 From: "Rep. Murphy, Stephanie N. [D-FL-7]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 638/984] House-8276: Enrolled --- bills_text/House-8276.txt | 33 +++++++++++++-------------------- 1 file changed, 13 insertions(+), 20 deletions(-) diff --git a/bills_text/House-8276.txt b/bills_text/House-8276.txt index 9f3131c..bb088b5 100644 --- a/bills_text/House-8276.txt +++ b/bills_text/House-8276.txt @@ -1,33 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 8276 + H.R.8276 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - September 23, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act -To authorize the President to posthumously award the Medal of Honor to + To authorize the President to posthumously award the Medal of Honor to Alwyn C. Cashe for acts of valor during Operation Iraqi Freedom. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. AUTHORIZATION TO AWARD MEDAL OF HONOR TO SERGEANT FIRST - CLASS ALWYN C. CASHE FOR ACTS OF VALOR DURING OPERATION - IRAQI FREEDOM. - +CLASS ALWYN C. CASHE FOR ACTS OF VALOR DURING OPERATION IRAQI FREEDOM. (a) Waiver of Time Limitations.--Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain @@ -41,10 +37,7 @@ on October 17, 2005, as a member of the Army serving in Iraq in support of Operation Iraqi Freedom, for which he was posthumously awarded the Silver Star. - Passed the House of Representatives September 22, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 574a699e014f6eff4f6bc10ba7473ba4f43f3e37 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 639/984] House-8337: Engrossed in House --- bills_text/House-8337.txt | 2473 +++++++++++++++++++++++++++++++++++++ 1 file changed, 2473 insertions(+) create mode 100644 bills_text/House-8337.txt diff --git a/bills_text/House-8337.txt b/bills_text/House-8337.txt new file mode 100644 index 0000000..f1349dd --- /dev/null +++ b/bills_text/House-8337.txt @@ -0,0 +1,2473 @@ +116th CONGRESS + 2d Session + H. R. 8337 + +_______________________________________________________________________ + + AN ACT + + + + Making continuing appropriations for fiscal year 2021, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Continuing Appropriations Act, 2021 +and Other Extensions Act''. + +SEC. 2. TABLE OF CONTENTS. + + The table of contents of this Act is as follows: + +Sec. 1. Short Title. +Sec. 2. Table of Contents. +Sec. 3. References. + DIVISION A--CONTINUING APPROPRIATIONS ACT, 2021 + + DIVISION B--SURFACE TRANSPORTATION PROGRAM EXTENSION + +Title I--Surface Transportation Programs +Title II--Trust Funds + DIVISION C--HEALTH EXTENDERS + +Title I--Public Health Extenders +Title II--Medicare Extenders +Title III--Medicaid Extenders +Title IV--Medicare Part B Premium Adjustment +Title V--Accelerated and Advance Payment Programs +Title VI--Offsets + DIVISION D--OTHER MATTERS + +Title I--Emergency Stopgap USCIS Stabilization Act +Title II--United States Parole Commission Extension +Title III--Antitrust Criminal Penalty Enhancement and Reform Permanent + Extension Act +Title IV--Community Services and Supports +Title V--Budgetary Effects +Title VI--Nutrition and Commodities Programs + DIVISION E--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS + +Title I--Extensions of Authorities Relating to Health Care +Title II--Extensions of Authorities Relating to Benefits +Title III--Extensions of Authorities Relating to Homeless Veterans +Title IV--Extensions of Other Authorities and Other Matters + +SEC. 3. REFERENCES. + + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. + + DIVISION A--CONTINUING APPROPRIATIONS ACT, 2021 + + The following sums are hereby appropriated, out of any money in +the Treasury not otherwise appropriated, and out of applicable +corporate or other revenues, receipts, and funds, for the several +departments, agencies, corporations, and other organizational units of +Government for fiscal year 2021, and for other purposes, namely: + Sec. 101. Such amounts as may be necessary, at a rate for +operations as provided in the applicable appropriations Acts for fiscal +year 2020 and under the authority and conditions provided in such Acts, +for continuing projects or activities (including the costs of direct +loans and loan guarantees) that are not otherwise specifically provided +for in this Act, that were conducted in fiscal year 2020, and for which +appropriations, funds, or other authority were made available in the +following appropriations Acts: + (1) The Agriculture, Rural Development, Food and Drug + Administration, and Related Agencies Appropriations Act, 2020 + (division B of Public Law 116-94), except sections 791 and 792. + (2) The Commerce, Justice, Science, and Related Agencies + Appropriations Act, 2020 (division B of Public Law 116-93), + except the last proviso under the heading ``Department of + Commerce--Bureau of the Census--Periodic Censuses and + Programs''. + (3) The Department of Defense Appropriations Act, 2020 + (division A of Public Law 116-93), except title X. + (4) The Energy and Water Development and Related Agencies + Appropriations Act, 2020 (division C of Public Law 116-94). + (5) The Financial Services and General Government + Appropriations Act, 2020 (division C of Public Law 116-93). + (6) The Department of Homeland Security Appropriations Act, + 2020 (division D of Public Law 116-93) (except for amounts in + title II of division D of Public Law 116-93 that were + designated by the Congress as being for an emergency + requirement pursuant to section 251(b)(2)(A)(i) of the Balanced + Budget and Emergency Deficit Control Act of 1985), and title I + of division I of Public Law 116-94. + (7) The Department of the Interior, Environment, and + Related Agencies Appropriations Act, 2020 (division D of Public + Law 116-94). + (8) The Departments of Labor, Health and Human Services, + and Education, and Related Agencies Appropriations Act, 2020 + (division A of Public Law 116-94). + (9) The Legislative Branch Appropriations Act, 2020 + (division E of Public Law 116-94), and section 7 of Public Law + 116-94. + (10) The Military Construction, Veterans Affairs, and + Related Agencies Appropriations Act, 2020 (division F of Public + Law 116-94), except title V. + (11) The Department of State, Foreign Operations, and + Related Programs Appropriations Act, 2020 (division G of Public + Law 116-94). + (12) The Transportation, Housing and Urban Development, and + Related Agencies Appropriations Act, 2020 (division H of Public + Law 116-94). + Sec. 102. (a) No appropriation or funds made available or authority +granted pursuant to section 101 for the Department of Defense shall be +used for: + (1) the new production of items not funded for production + in fiscal year 2020 or prior years; + (2) the increase in production rates above those sustained + with fiscal year 2020 funds; or + (3) The initiation, resumption, or continuation of any + project, activity, operation, or organization (defined as any + project, subproject, activity, budget activity, program + element, and subprogram within a program element, and for any + investment items defined as a P-1 line item in a budget + activity within an appropriation account and an R-1 line item + that includes a program element and subprogram element within + an appropriation account) for which appropriations, funds, or + other authority were not available during fiscal year 2020. + (b) No appropriation or funds made available or authority granted +pursuant to section 101 for the Department of Defense shall be used to +initiate multi-year procurements utilizing advance procurement funding +for economic order quantity procurement unless specifically +appropriated later. + Sec. 103. Appropriations made by section 101 shall be available to +the extent and in the manner that would be provided by the pertinent +appropriations Act. + Sec. 104. Except as otherwise provided in section 102, no +appropriation or funds made available or authority granted pursuant to +section 101 shall be used to initiate or resume any project or activity +for which appropriations, funds, or other authority were not available +during fiscal year 2020. + Sec. 105. Appropriations made and authority granted pursuant to +this Act shall cover all obligations or expenditures incurred for any +project or activity during the period for which funds or authority for +such project or activity are available under this Act. + Sec. 106. Unless otherwise provided for in this Act or in the +applicable appropriations Act for fiscal year 2021, appropriations and +funds made available and authority granted pursuant to this Act shall +be available until whichever of the following first occurs: + (1) The enactment into law of an appropriation for any + project or activity provided for in this Act. + (2) The enactment into law of the applicable appropriations + Act for fiscal year 2021 without any provision for such project + or activity. + (3) December 11, 2020. + Sec. 107. Expenditures made pursuant to this Act shall be charged +to the applicable appropriation, fund, or authorization whenever a bill +in which such applicable appropriation, fund, or authorization is +contained is enacted into law. + Sec. 108. Appropriations made and funds made available by or +authority granted pursuant to this Act may be used without regard to +the time limitations for submission and approval of apportionments set +forth in section 1513 of title 31, United States Code, but nothing in +this Act may be construed to waive any other provision of law governing +the apportionment of funds. + Sec. 109. Notwithstanding any other provision of this Act, except +section 106, for those programs that would otherwise have high initial +rates of operation or complete distribution of appropriations at the +beginning of fiscal year 2021 because of distributions of funding to +States, foreign countries, grantees, or others, such high initial rates +of operation or complete distribution shall not be made, and no grants +shall be awarded for such programs funded by this Act that would +impinge on final funding prerogatives. + Sec. 110. This Act shall be implemented so that only the most +limited funding action of that permitted in the Act shall be taken in +order to provide for continuation of projects and activities. + Sec. 111. (a) For entitlements and other mandatory payments whose +budget authority was provided in appropriations Acts for fiscal year +2020, and for activities under the Food and Nutrition Act of 2008, +activities shall be continued at the rate to maintain program levels +under current law, under the authority and conditions provided in the +applicable appropriations Act for fiscal year 2020, to be continued +through the date specified in section 106(3). + (b) Notwithstanding section 106, obligations for mandatory payments +due on or about the first day of any month that begins after October +2020 but not later than 30 days after the date specified in section +106(3) may continue to be made, and funds shall be available for such +payments. + Sec. 112. Amounts made available under section 101 for civilian +personnel compensation and benefits in each department and agency may +be apportioned up to the rate for operations necessary to avoid +furloughs within such department or agency, consistent with the +applicable appropriations Act for fiscal year 2020, except that such +authority provided under this section shall not be used until after the +department or agency has taken all necessary actions to reduce or defer +non-personnel-related administrative expenses. + Sec. 113. Funds appropriated by this Act may be obligated and +expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. +2412), section 15 of the State Department Basic Authorities Act of 1956 +(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization +Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) +of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)). + Sec. 114. (a) Each amount incorporated by reference in this Act +that was previously designated by the Congress for Overseas Contingency +Operations/Global War on Terrorism or as an emergency requirement +pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency +Deficit Control Act of 1985 or as being for disaster relief pursuant to +section 251(b)(2)(D) of such Act is designated by the Congress for +Overseas Contingency Operations/Global War on Terrorism or as an +emergency requirement pursuant to section 251(b)(2)(A) of such Act or +as being for disaster relief pursuant to section 251(b)(2)(D) of such +Act, respectively. + (b) Section 6 of Public Law 116-94 shall apply to amounts +designated in subsection (a) and sections 126 and 163 of this Act for +Overseas Contingency Operations/Global War on Terrorism or as an +emergency requirement. + (c) This section shall become effective immediately upon enactment +of this Act, and shall remain in effect through the date in section +106(3). + Sec. 115. (a) Rescissions or cancellations of discretionary budget +authority that continue pursuant to section 101 in Treasury +Appropriations Fund Symbols (TAFS)-- + (1) to which other appropriations are not provided by this + Act, but for which there is a current applicable TAFS that does + receive an appropriation in this Act; or + (2) which are no-year TAFS and receive other appropriations + in this Act, +may be continued instead by reducing the rate for operations otherwise +provided by section 101 for such current applicable TAFS, as long as +doing so does not impinge on the final funding prerogatives of the +Congress. + (b) Rescissions or cancellations described in subsection (a) shall +continue in an amount equal to the lesser of-- + (1) the amount specified for rescission or cancellation in + the applicable appropriations Act referenced in section 101 of + this Act; or + (2) the amount of balances available, as of October 1, + 2020, from the funds specified for rescission or cancellation + in the applicable appropriations Act referenced in section 101 + of this Act. + (c) No later than November 20, 2020, the Director of the Office of +Management and Budget shall provide to the Committees on Appropriations +of the House of Representatives and the Senate a comprehensive list of +the rescissions or cancellations that will continue pursuant to section +101: Provided, That the information in such comprehensive list shall +be periodically updated to reflect any subsequent changes in the amount +of balances available, as of October 1, 2020, from the funds specified +for rescission or cancellation in the applicable appropriations Act +referenced in section 101, and such updates shall be transmitted to the +Committees on Appropriations of the House of Representatives and the +Senate upon request. + Sec. 116. Notwithstanding section 101, amounts are available in +the ``Rural Utilities Service--Rural Water and Waste Disposal Program +Account'' of the Department of Agriculture for gross obligations for +the principal amount of direct and guaranteed loans as authorized by +section 306 and described in section 381E(d)(2) of the Consolidated +Farm and Rural Development Act, as follows: $1,400,000,000 for direct +loans; and $50,000,000 for guaranteed loans. + Sec. 117. Amounts made available by section 101 for ``Department +of Agriculture--Food and Nutrition Service--Child Nutrition Programs'' +to carry out section 749(g) of the Agriculture, Rural Development, Food +and Drug Administration, and Related Agencies Appropriations Act, 2010 +(Public Law 111-80) may be apportioned up to the rate for operations +necessary to ensure that the program can be fully operational by May +2021. + Sec. 118. Amounts made available by section 101 for ``Department +of Agriculture--Domestic Food Programs--Food and Nutrition Service-- +Commodity Assistance Program'' may be apportioned up to the rate for +operations necessary to maintain current program caseload in the +Commodity Supplemental Food Program. + Sec. 119. Amounts made available by section 101 for ``Farm Service +Agency--Agricultural Credit Insurance Fund Program Account'' may be +apportioned up to the rate for operations necessary to accommodate +approved applications for direct and guaranteed farm ownership loans, +as authorized by 7 U.S.C. 1922 et seq. + Sec. 120. Section 260 of the Agricultural Marketing Act of 1946 (7 +U.S.C. 1636i) and section 942 of the Livestock Mandatory Reporting Act +of 1999 (7 U.S.C. 1635 note; Public Law 106-78) shall be applied by +substituting the date specified in section 106(3) of this Act for +``September 30, 2020''. + Sec. 121. (a) Sections 7(j)(5), 7A(l)(4), and 21(e) of the United +States Grain Standards Act (7 U.S.C. 79(j)(5), 79a(l)(4), 87j(e)) shall +be applied by substituting the date specified in section 106(3) of this +Act for ``September 30, 2020'' each place it appears. + (b) Sections 7D and 19 of the United States Grain Standards Act (7 +U.S.C. 79d, 87h) shall be applied by substituting ``2021'' for +``2020''. + Sec. 122. Section 7605(b) of the Agriculture Improvement Act of +2018 (7 U.S.C. 5940 note; Public Law 115-334) is amended by striking +``the date that is 1 year after the date on which the Secretary +establishes a plan under section 297C of the Agricultural Marketing Act +of 1946'' and inserting ``September 30, 2021''. + Sec. 123. Notwithstanding section 101, the second paragraph under +the heading ``Department of Health and Human Services--Food and Drug +Administration--Salaries and Expenses'' in title VI of division B of +Public Law 116-94 shall be applied by striking ``, contingent upon the +enactment of the Over-the-Counter Monograph User Fee Act of 2019,''. + Sec. 124. Notwithstanding section 101, amounts are provided for +``Department of Commerce--Bureau of the Census--Periodic Censuses and +Programs'' at a rate for operations of $1,514,709,000: Provided, That +amounts made available under such heading by this Act may be +apportioned up to the rate for operations necessary to conduct the 2020 +Decennial Census Program. + Sec. 125. (a)(1) Notwithstanding any other provision of this Act, +the Secretary of the Navy may enter into a contract, beginning with +fiscal year 2021, for the procurement of up to two Columbia class +submarines. + (2) With respect to a contract entered into under + subsection (a), the Secretary of the Navy may use incremental + funding to make payments under the contract. + (3) Any contract entered into under subsection (a) shall + provide that-- + (A) any obligation of the United States to make a + payment under the contract is subject to the + availability of appropriations for that purpose; and + (B) total liability of the Federal Government for + termination of any contract entered into shall be + limited to the total amount of funding obligated to the + contract at time of termination. + (b) Notwithstanding sections 102 and 104, amounts made available by +section 101 to the Department of Defense for ``Shipbuilding and +Conversion, Navy'' may be apportioned up to the rate for operations +necessary for ``Ohio Replacement Submarine (Full Funding)'' in an +amount not to exceed $1,620,270,000. + Sec. 126. (a) The remaining unobligated balances of funds as of +September 30, 2020, from amounts made available to ``Department of +Defense--Other Department of Defense Programs--Office of the Inspector +General'' in title III of division B of the CARES Act (Public Law 116- +136), are hereby rescinded, and, in addition to amounts otherwise +provided by section 101, an amount of additional new budget authority +equivalent to the amount rescinded pursuant to this subsection is +hereby appropriated on September 30, 2020, for an additional amount for +fiscal year 2020, to remain available until September 30, 2021, and +shall be available for the same purposes, in addition to other funds as +may be available for such purposes, and under the same authorities for +which the funds were originally provided in Public Law 116-136: +Provided, That the amounts rescinded pursuant to this subsection that +were previously designated by the Congress as an emergency requirement +pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and +Emergency Deficit Control Act of 1985 are designated by the Congress as +an emergency requirement pursuant to section 251(b)(2)(A)(i) of that +Act: Provided further, That such amount is designated by the Congress +as being for an emergency requirement pursuant to section +251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control +Act of 1985. + (b)(1) This section shall become effective immediately upon +enactment of this Act. + (2) If this Act is enacted after September 30, 2020, or if + the designation in section 114(b) occurs after September 30, + 2020, this section shall be applied as if it were in effect on + September 30, 2020. + Sec. 127. (a) No funds shall be transferred directly from +``Department of Energy--Power Marketing Administration--Colorado River +Basins Power Marketing Fund, Western Area Power Administration'' to the +general fund of the Treasury in fiscal year 2020. + (b)(1) This section shall become effective immediately upon +enactment of this Act. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September + 30, 2020. + Sec. 128. (a) Section 104(c) of the Reclamation States Emergency +Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by +substituting the date specified in section 106(3) of this Act for +``September 30, 2020''. + (b) Section 301 of the Reclamation States Emergency Drought Relief +Act of 1991 (43 U.S.C. 2241) shall be applied by substituting ``2006 +through 2021'' for ``2006 through 2020''. + Sec. 129. Section 3007(a)(5)(A)(i)(II)(bb) of the Scholarships for +Opportunity and Results Act (sec. 38-1853.07(a)(5)(A)(i)(II)(bb), D.C. +Official Code) is amended by striking ``5 years'' and inserting ``6 +years''. + Sec. 130. Notwithstanding any other provision of this Act, except +section 106, the District of Columbia may expend local funds made +available under the heading ``District of Columbia--District of +Columbia Funds'' for such programs and activities under the District of +Columbia Appropriations Act, 2020 (title IV of division C of Public Law +116-93) at the rate set forth in the Fiscal Year 2021 Local Budget Act +of 2020 (D.C. Act 23-408), as modified as of the date of enactment of +this Act. + Sec. 131. In addition to the amounts otherwise provided by section +101, for ``District of Columbia--Federal Payment for Emergency Planning +and Security Costs in the District of Columbia'', there is appropriated +$13,000,000, for an additional amount for fiscal year 2021, to remain +available until expended, for costs associated with the Presidential +Inauguration held in January 2021. + Sec. 132. Notwithstanding section 101, the matter preceding the +first proviso under the heading ``Small Business Administration-- +Business Loans Program Account'' in title V of division C of Public Law +116-93 shall be applied by substituting ``$15,000,000'' for +``$99,000,000'' and the third proviso shall be applied as if the +language read as follows: ``Provided further, That commitments for +general business loans authorized under paragraphs (1) through (35) of +section 7(a) of the Small Business Act shall not exceed $30,000,000,000 +for a combination of amortizing term loans and the aggregated maximum +line of credit provided by revolving loans:'': Provided, That amounts +made available under such heading by this Act may be apportioned up to +the rate for operations necessary to accommodate increased demand for +commitments for general business loans authorized under paragraphs (1) +through (35) of section 7(a) of the Small Business Act (15 U.S.C. +636(a)) and for commitments to guarantee loans for debentures under +section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C +683(b)). + Sec. 133. Amounts made available by section 101 for ``Small +Business Administration--Disaster Loans Program Account'' may be +apportioned up to the rate for operations necessary to accommodate +increased demand for commitments for disaster administrative expenses. + Sec. 134. (a) Notwithstanding section 101, amounts are provided for +``General Services Administration--Expenses, Presidential Transition'' +for necessary expenses to carry out the Presidential Transition Act of +1963 (3 U.S.C. 102 note), at a rate for operations of $9,900,000, of +which not to exceed $1,000,000 is for activities authorized by sections +3(a)(8) and 3(a)(9) of such Act: Provided, That such amounts may be +transferred and credited to the ``Acquisition Services Fund'' or +``Federal Buildings Fund'' to reimburse obligations incurred prior to +enactment of this Act for the purposes provided herein related to the +Presidential election in 2020: Provided further, That amounts +available under this section shall be in addition to any other amounts +available for such purposes. + (b) Notwithstanding section 101, no funds are provided by this Act +for ``General Services Administration--Pre-Election Presidential +Transition''. + Sec. 135. Amounts made available by section 101 for ``General +Services Administration--Real Property Activities--Federal Buildings +Fund--Limitations on Availability of Revenue'' may be apportioned up to +the rate for operations necessary for monthly rental of space +operations. + Sec. 136. Notwithstanding section 101, for expenses of the Office +of Administration to carry out the Presidential Transition Act of 1963, +as amended, and similar expenses, in addition to amounts otherwise +appropriated by law, amounts are provided to ``Presidential Transition +Administrative Support'' at a rate for operations of $8,000,000: +Provided, That such funds may be transferred to other accounts that +provide funding for offices within the Executive Office of the +President and the Office of the Vice President in this Act or any other +Act, to carry out such purposes: Provided further, That such amounts +may be apportioned up to the rate for operations necessary to carry out +such responsibilities. + Sec. 137. In addition to amounts provided in section 101, an +additional amount is provided for ``National Archives and Records +Administration--Operating Expenses'' to carry out transition +responsibilities of the Archivist of the United States under sections +2201 through 2207 of title 44, United States Code (commonly known as +the ``Presidential Records Act of 1978'') in the event of a +Presidential Transition at a rate for operations of $18,000,000: +Provided, That such amounts may be apportioned up to the rate for +operations necessary to carry out such responsibilities. + Sec. 138. Amounts made available by section 101 for ``Office of +Personnel Management--Salaries and Expenses'', including amounts to be +transferred from the appropriate trust funds of the Office of Personnel +Management without regard to other statutes, may be apportioned up to +the rate for operations necessary to cover any expected shortfall in +administrative expenses resulting from the transfer of the National +Background Investigations Bureau function to the Department of Defense. + Sec. 139. Section 2(b)(2)(C)(i) of the Temporary Bankruptcy +Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112- +121) is amended (with regard to the 1st vacancy in the eastern district +of Tennessee) by striking ``5 years'' and inserting ``9 years''. + Sec. 140. Section 3610 of division A of the CARES Act (Public Law +116-136) shall be applied by substituting the date in section 106(3) of +this Act for ``September 30, 2020''. + Sec. 141. Amounts made available by section 101 to the Department +of Homeland Security for ``Office of the Secretary and Executive +Management--Operations and Support'', ``Management Directorate-- +Operations and Support'', and ``Intelligence, Analysis, and Operations +Coordination--Operations and Support'' may be apportioned up to the +rate for operations necessary to carry out activities previously funded +by the Working Capital Fund of the Department of Homeland Security, +consistent with the fiscal year 2021 President's Budget proposal, +submitted pursuant to section 1105(a) of title 31, United States Code, +and accompanying justification materials. + Sec. 142. Amounts made available by section 101 to the Department +of Homeland Security under the heading ``Coast Guard--Operations and +Support'' may be available for the pay and benefits of Coast Guard Yard +and Vessel Documentation personnel, Non-Appropriated Funds personnel, +and for Morale, Welfare and Recreation Programs. + Sec. 143. Section 9307(f)(1) of title 46, United States Code shall +be applied by substituting the date specified in section 106(3) of this +Act for ``September 30, 2020''. + Sec. 144. Amounts made available by section 101 to the Department +of Homeland Security under the heading ``Cybersecurity and +Infrastructure Security Agency'' may be obligated in the account and +budget structure set forth in H.R. 7669 and the accompanying House +Report 116-458, as reported by the House Committee on Appropriations on +July 15, 2020. + Sec. 145. Amounts made available by section 101 to the Department +of Homeland Security under the heading ``Federal Emergency Management +Agency--Disaster Relief Fund'' may be apportioned up to the rate for +operations necessary to carry out response and recovery activities +under the Robert T. Stafford Disaster Relief and Emergency Assistance +Act (42 U.S.C. 5121 et seq.). + Sec. 146. (a) Section 1309(a) of the National Flood Insurance Act +of 1968 (42 U.S.C. 4016(a)) is amended by striking ``September 30, +2019'' and inserting ``September 30, 2021''. + (b) Section 1319 of the National Flood Insurance Act of 1968 (42 +U.S.C. 4026) is amended by striking ``September 30, 2019'' and +inserting ``September 30, 2021''. + (c)(1) This section shall become effective immediately upon +enactment of this Act. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September + 30, 2020. + Sec. 147. (a) Notwithstanding section 101, the following shall be +applied by substituting ``$0'' for-- + (1) ``$32,300,000'' in the first paragraph under the + heading ``Bureau of Land Management--Land Acquisition''; + (2) ``$10,000,000'', and ``$320,000'' in the first + paragraph under the heading ``United States Fish and Wildlife + Service--Land Acquisition''; + (3) ``$3,628,000'' in the second paragraph under the + heading ``United States Fish and Wildlife Service--Land + Acquisition''; + (4) ``$30,800,000'' and ``$23,702,000'' for ``$54,502,000'' + in the first paragraph under the heading ``United States Fish + and Wildlife Service--Cooperative Endangered Species + Conservation Fund''; + (5) ``$208,400,000'', ``$140,000,000'', and ``$13,000,000'' + in the first paragraph under the heading ``National Park + Service--Land Acquisition and State Assistance''; + (6) ``$63,990,000'' and ``$283,000,000'' for + ``$346,990,000'' under the heading ``Forest Service--State and + Private Forestry''; and + (7) ``$78,898,000'' in the first paragraph under the + heading ``Forest Service--Land Acquisition''. + (b) Notwithstanding section 101, the first paragraph under the +heading ``United States Fish and Wildlife Service--Land Acquisition'' +shall be applied by substituting ``$7,550,000'' for ``$70,715,000''. + (c) Amounts made available by section 101 to the Department of the +Interior for ``Departmental Offices--Office of the Secretary-- +Departmental Operations'' may be apportioned up to the rate for +operations necessary to fund the Appraisal and Valuation Services +Office and such amounts shall be derived from the Land and Water +Conservation Fund. + Sec. 148. Amounts made available by section 101 to the Forest +Service may be obligated in the account and budget structure set forth +in the table provided by the Secretary of Agriculture to the Committees +on Appropriations of the Senate and the House of Representatives prior +to the end of fiscal year 2020 pursuant to section 435(d) of the +Department of the Interior, Environment, and Related Agencies +Appropriations Act, 2020 (division D of Public Law 116-94): Provided, +That amounts made available by section 101 under the heading ``Forest +Service--National Forest System'' shall be available for the base +salary and expenses of employees that carry out the functions funded by +the ``Capital Improvement and Maintenance'' account, the ``Range +Betterment Fund'' account, and the ``Management of National Forests for +Subsistence Uses'' account and may be apportioned up to the rate for +operations necessary to fund such base salary and expenses of such +employees. + Sec. 149. Activities authorized by part A of title IV and section +1108(b) of the Social Security Act shall continue through the date +specified in section 106(3) of this Act, in the manner authorized for +fiscal year 2020, and out of any money in the Treasury of the United +States not otherwise appropriated, there are hereby appropriated such +sums as may be necessary for such purpose: Provided, That grants under +section 418 of the Social Security Act shall be issued on the same +basis as grants under section 403(a)(1) of such Act. + Sec. 150. (a) The remaining unobligated balances of funds as of +September 30, 2020, from amounts credited and merged pursuant to the +second proviso under the heading ``Department of Health and Human +Services--Centers for Disease Control and Prevention--Buildings and +Facilities'' in title II of the Departments of Labor, Health and Human +Services, Education, and Related Agencies Appropriations Act, 2016 +(division H of Public Law 114-113) are hereby rescinded, and, in +addition to amounts otherwise provided by section 101, an amount of +additional new budget authority equivalent to the amount rescinded +pursuant to this subsection is hereby appropriated on September 30, +2020, for an additional amount for fiscal year 2020, to remain +available until September 30, 2025, and shall be available for the same +purposes, in addition to other funds as may be available for such +purposes, and under the same authorities for which the funds were +originally transferred and merged pursuant to Public Law 114-113. + (b)(1) This section shall become effective immediately upon +enactment of this Act. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September + 30, 2020. + Sec. 151. (a) Notwithstanding section 101, section 529 of division +A of Public Law 116-94 shall be applied by substituting +``$1,150,000,000'' for ``$3,169,819,000'' and by substituting ``section +2104(a)(24)'' for ``section 2104(a)(23)''. + (b) Notwithstanding section 101, section 530 of division A of +Public Law 116-94 shall be applied by substituting ``$11,005,661,000'' +for ``$6,093,181,000''. + Sec. 152. (a) Funds made available in Public Law 113-235 to the +accounts of the National Institutes of Health that were available for +obligation through fiscal year 2015 and were obligated for multi-year +research grants shall be available through fiscal year 2021 for the +liquidation of valid obligations incurred in fiscal year 2015 if the +Director of the National Institutes of Health determines the project +suffered an interruption of activities attributable to SARS-CoV-2. + (b)(1) This section shall become effective immediately upon +enactment of this Act. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September + 30, 2020. + Sec. 153. (a) Funds made available in Public Law 113-76 under the +heading ``Rehabilitation Services and Disability Research'' that were +available for obligation through fiscal year 2015 for the Automated +Personalization Computing Project pursuant to the first four provisos +under that heading in that Act are to remain available through fiscal +year 2021 for the liquidation of valid obligations incurred in fiscal +years 2014 or 2015. + (b)(1) This section shall become effective immediately upon +enactment of this Act. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September + 30, 2020. + Sec. 154. Section 114(f) of the Higher Education Act of 1965 (20 +U.S.C. 1011c(f)) shall be applied by substituting the date specified in +section 106(3) of this Act for ``September 30, 2020''. + Sec. 155. Section 458(a)(4) of the Higher Education Act of 1965 +(20 U.S.C. 1087h(a)(4)) shall be applied through the date specified in +section 106(3) of this Act by substituting ``2021'' for ``2020''. + Sec. 156. (a) The remaining unobligated balances of funds as of +September 30, 2020, from amounts made available to ``Corporation for +National and Community Service--Salaries and Expenses'' in title IV of +division A of the Further Consolidated Appropriations Act, 2020 (Public +Law 116-94), are hereby rescinded, and in addition to amounts otherwise +provided by section 101, an amount of additional new budget authority +equivalent to the amount rescinded pursuant to this subsection is +hereby appropriated on September 30, 2020, for an additional amount for +fiscal year 2020, to remain available until September 30, 2021, and +shall be available for the same purposes, in addition to other funds as +may be available for such purposes, and under the same authorities for +which the funds were originally provided in Public Law 116-94. + (b) The remaining unobligated balances of funds as of September 30, +2020, from amounts made available to ``Corporation for National and +Community Service--Operating Expenses'' in title IV of division A of +the Further Consolidated Appropriations Act, 2020 (Public Law 116-94), +are hereby rescinded, and in addition to amounts otherwise provided by +section 101, an amount of additional new budget authority equivalent to +the amount rescinded pursuant to this subsection is hereby appropriated +on September 30, 2020, for an additional amount for fiscal year 2020, +to remain available until September 30, 2021, and shall be available +for the same purposes, in addition to other funds as may be available +for such purposes, and under the same authorities for which the funds +were originally provided in Public Law 116-94: Provided, That any +amounts appropriated by the preceding proviso shall not be subject to +the allotment requirements otherwise applicable under sections 129(a), +(b), (d), and (e) of the National and Community Service Act of 1993. + (c) The remaining unobligated balances of funds as of September 30, +2020, from amounts made available to ``Corporation for National and +Community Service--Office of Inspector General'' in title IV of +division A of the Further Consolidated Appropriations Act, 2020 (Public +Law 116-94), are hereby rescinded, and in addition to amounts otherwise +provided by section 101, an amount of additional new budget authority +equivalent to the amount rescinded pursuant to this subsection is +hereby appropriated on September 30, 2020, for an additional amount for +fiscal year 2020, to remain available until September 30, 2021, and +shall be available for the same purposes, in addition to other funds as +may be available for such purposes, and under the same authorities for +which the funds were originally provided in Public Law 116-94. + (d)(1) Section 3514(b) of title III of division A of Public Law +116-136 is hereby repealed, and such section shall be applied hereafter +as if such subsection had never been enacted. + (2)(A) In general.--The amounts provided under this + subsection are designated as an emergency requirement pursuant + to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 + U.S.C. 933(g)). + (B) Designation in the senate.--In the Senate, this + subsection is designated as an emergency requirement + pursuant to section 4112(a) of H. Con. Res. 71 (115th + Congress), the concurrent resolution on the budget for + fiscal year 2018. + (C) Classification of budgetary effects.-- + Notwithstanding Rule 3 of the Budget Scorekeeping + Guidelines set forth in the joint explanatory statement + of the committee of conference accompanying Conference + Report 105-217 and section 250(c)(7) and (c)(8) of the + Balanced Budget and Emergency Deficit Control Act of + 1985, the budgetary effects of this subsection-- + (i) shall not be estimated for purposes of + section 251 of such Act; + (ii) shall not be estimated for purposes of + paragraph (4)(C) of section 3 of the Statutory + Pay As-You-Go Act of 2010 as being included in + an appropriation Act; and + (iii) shall be treated as if they were + contained in a PAYGO Act, as defined by section + 3(7) of the Statutory Pay-As-You-Go Act of 2010 + (2 U.S.C. 932(7)). + (e)(1) This section shall become effective immediately upon +enactment of this Act. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September + 30, 2020. + Sec. 157. Notwithstanding any other provision of this Act, there +is hereby appropriated for fiscal year 2021 for payment to the John R. +Lewis Revocable Trust, beneficiary of John R. Lewis, late a +Representative from the State of Georgia, $174,000. + Sec. 158. Notwithstanding section 101, amounts are provided for +``House of Representatives--Salaries and Expenses'' at a rate for +operations of $1,383,725,000. + Sec. 159. Notwithstanding any other provision of this Act-- + (1) the authority of the Library of Congress to reimburse + the Little Scholars Child Development Center at the Library of + Congress under section 19004 of the CARES Act (2 U.S.C. 162b + note; 134 Stat. 578) shall remain in effect with respect to + salaries incurred until the termination of the public health + emergency declared pursuant to section 319 of the Public Health + Service Act (42 U.S.C. 247d) resulting from the COVID-19 + pandemic; and + (2) the authority of the Government Accountability Office + to reimburse the Tiny Findings Child Development Center under + section 19009 of the CARES Act (134 Stat. 579) shall remain in + effect with respect to salaries incurred until the termination + of the public health emergency declared pursuant to section 319 + of the Public Health Service Act (42 U.S.C. 247d) resulting + from the COVID-19 pandemic. + (3) Section 19005(a) of the CARES Act (2 U.S.C. 1816b note; + 134 Stat. 578) shall be amended by striking ``for not more than + 16 weeks'' and inserting in its place ``until the termination + of the public health emergency declared pursuant to section 319 + of the Public Health Service Act (42 U.S.C. 247d) resulting + from the COVID-19 pandemic''. + Sec. 160. (a) Extension.--Notwithstanding sections 3902(a) and +3904(b) of title 41, United States Code, if the performance or delivery +of services procured under a severable service contract of the Library +of Congress is delayed or otherwise affected by the COVID-19 Pandemic, +the period for the performance or delivery of services under the +contract may be extended for a period equivalent to the delay or +suspension of services, but not exceeding an additional 12 months. + (b) Contracts Covered.--This section applies with respect to +contracts for severable services procured for a period beginning in +fiscal year 2019 or fiscal year 2020. + Sec. 161. Effective upon enactment of this Act, the matter +preceding the first proviso under the heading ``Department of Veterans +Affairs--Veterans Benefits Administration--Compensation and Pensions'' +in division F of Public Law 116-94 is amended by replacing ``shall +become available on October 1, 2020:'' with ``, to remain available +until expended and to become available on October 1, 2020:''. + Sec. 162. Amounts made available by section 101 for ``Department +of Veterans Affairs--Departmental Administration--Veterans Electronic +Health Record'' may be apportioned up to the rate for operations +necessary to maintain support activities related to implementation and +maintenance of a Veterans Electronic Health Record system, including +contractual costs associated with operations authorized by section 3109 +of title 5, United States Code, and salaries and expenses of employees +hired under titles 5 and 38, United States Code. + Sec. 163. Notwithstanding section 106 of this Act, at any time +during fiscal year 2021, the Secretary of Veterans Affairs may transfer +up to $140,000,000 of the unobligated balances available under the +heading ``Department of Veterans Affairs--Veterans Health +Administration--Medical Services'' in title X of division B of the +Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) +to the ``Canteen Service Revolving Fund'' of the Department to prevent, +prepare for, and respond to coronavirus, domestically or +internationally: Provided, That amounts so transferred shall be for +offsetting the losses resulting from the coronavirus pandemic of +Veterans Canteen Service collections pursuant to chapter 78 of title +38, United States Code: Provided further, That the transferred amounts +shall be in addition to any other funds made available for this +purpose: Provided further, That amounts transferred under this section +that were previously designated by the Congress as an emergency +requirement pursuant to the Balanced Budget and Emergency Deficit +Control Act of 1985 are designated by the Congress as an emergency +requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget +and Emergency Deficit Control Act of 1985. + Sec. 164. Amounts made available by section 101 to the Department +of State for ``Administration of Foreign Affairs--Repatriation Loans +Program Account'' may be apportioned up to the rate for operations +necessary to accommodate increased demand for commitments for +repatriation loans authorized by section 4(b)(2)(B) of the State +Department Basic Authorities Act of 1956 (22 U.S.C. 2671(b)(2)(B)). + Sec. 165. Section 21009 of the Coronavirus Aid, Relief, and +Economic Security Act (Public Law 116-136) shall continue in effect +through the date specified in section 106 of this Act. + Sec. 166. (a) During the period covered by this Act, section +1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall +be applied by substituting ``the costs of providing consular services'' +for ``such costs''. + (b) During the period covered by this Act, discretionary amounts +made available by section 101 to the Department of State in title I +under the heading ``Administration of Foreign Affairs'' and +discretionary unobligated balances under such heading from prior Acts +making appropriations for the Department of State, foreign operations, +and related programs, may be transferred to the Consular and Border +Security Programs account if the Secretary of State determines and +reports to the Committees on Appropriations that to do so is necessary +to sustain consular operations, following consultation with such +Committees: Provided, That such transfer authority is in addition to +any transfer authority otherwise available in this Act and under any +other provision of law: Provided further, That no amounts may be +transferred from amounts designated for Overseas Contingency +Operations/Global War on Terrorism or as emergency requirements +pursuant to a concurrent resolution on the budget or section +251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act +of 1985. + (c) Amounts made available by section 101 to the Department of +State for ``Diplomatic Programs'' may be apportioned up to the rate for +operations necessary to sustain consular operations, and the obligation +of such apportioned funds shall be subject to the regular notification +procedures of the Committees on Appropriations. + Sec. 167. Notwithstanding any other provision of this Act, and +subject to the regular notification procedures of the Committees on +Appropriations, the limitations in section 7044(e)(2) of division G of +Public Law 116-94 shall not apply to funds made available in this Act +or in the Department of State, Foreign Operations, and Related Programs +Appropriations Act, 2020, for disaster relief; to protect human rights, +locate and identify missing persons, and assist victims of torture; to +promote justice, accountability, and reconciliation; to enhance +maritime security and domain awareness; and for International Military +Education and Training. + Sec. 168. Section 1334 of the Foreign Affairs Reform and +Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking +``October 1, 2020'' and inserting ``October 1, 2021''. + Sec. 169. (a) The remaining unobligated balances of funds, as of +September 30, 2020, from amounts made available to ``Department of +Transportation--Office of the Secretary--National Infrastructure +Investments'' in title I of division K of the Consolidated +Appropriations Act, 2017 (Public Law 115-31), other than such funds +administratively allocated to carry out the administration and +oversight of awards under the national infrastructure investments +program, are hereby rescinded, and in addition to amounts otherwise +provided by section 101, an amount of additional new budget authority +equivalent to the amount rescinded pursuant to this subsection is +hereby appropriated on September 30, 2020, for an additional amount for +fiscal year 2020, to remain available until September 30, 2021, in +addition to other funds as may be available for such purposes, and +shall be available, without additional competition, for completing the +funding of awards made pursuant to the fiscal year 2017 National +Infrastructure Investments grants (also known as the Better Utilizing +Investments to Leverage Development, or BUILD grants). + (b) The remaining unobligated balances of funds, as of September +30, 2020, from amounts made available to ``Department of +Transportation--Office of the Secretary--National Infrastructure +Investments'' in title I of division L of the Consolidated +Appropriations Act, 2018 (Public Law 115-141), other than such funds +administratively allocated to carry out the administration and +oversight of awards under the national infrastructure investments +program, are hereby rescinded, and in addition to amounts otherwise +provided by section 101, an amount of additional new budget authority +equivalent to the amount rescinded pursuant to this subsection is +hereby appropriated on September 30, 2020, for an additional amount for +fiscal year 2020, to remain available until September 30, 2021, in +addition to other funds as may be available for such purposes, and +shall be available, without additional competition, for completing the +funding of awards made pursuant to the fiscal year 2018 National +Infrastructure Investments grants (also known as the Better Utilizing +Investments to Leverage Development, or BUILD grants). + (c)(1) This section shall become effective immediately upon +enactment of this Act. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September + 30, 2020. + Sec. 170. Notwithstanding section 101, the matter preceding the +first proviso under the heading ``Government National Mortgage +Association--Guarantees of Mortgage-Backed Securities Loan Guarantee +Program Account'' in the Further Consolidated Appropriations Act, 2020 +(Public Law 116-94) shall be applied by substituting +``$1,278,000,000,000'' for ``$550,000,000,000'': Provided, That +amounts made available under such heading by this Act may be +apportioned up to the rate for operations necessary to accommodate +increased demand for new commitments to issue guarantees to carry out +the purposes of section 306 of the National Housing Act as amended (12 +U.S.C. 1721(g)). + Sec. 171. (a) Funds previously made available in the Consolidated +and Further Continuing Appropriations Act, 2013 (Public Law 113-6) for +the ``Choice Neighborhoods Initiative'' that were available for +obligation through fiscal year 2015 are to remain available through +fiscal year 2021 for the liquidation of valid obligations incurred in +fiscal years 2013 through 2015. + (b)(1) This section shall become effective immediately upon +enactment of this Act. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September + 30, 2020. + Sec. 172. Amounts made available by section 101 to the Department +of Housing and Urban Development for ``Housing Programs--Housing for +the Elderly'' may be apportioned up to the rate for operations +necessary to-- + (1) maintain project rental assistance for the elderly under +section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(2)), +including making amendments to contracts for such assistance and +renewing expiring contracts for such assistance for up to a 1-year +term; and + (2) be available to make awards to existing grantees to + continue, without competition, demonstration programs to test + housing with services models for the elderly that demonstrate + the potential to delay or avoid the need for nursing home care. + Sec. 173. Amounts provided by section 111 to the Department of +Agriculture for ``Corporations--Commodity Credit Corporation Fund-- +Reimbursement for Net Realized Losses'' may be used, prior to the +completion of the report described in section 2 of the Act of August +17, 1961 (15 U.S.C. 713a-11), to reimburse the Commodity Credit +Corporation for net realized losses sustained, but not previously +reimbursed, as of September 17, 2020. + This Act may be cited as the ``Continuing Appropriations Act, +2021''. + + DIVISION B--SURFACE TRANSPORTATION PROGRAM EXTENSION + + TITLE I--SURFACE TRANSPORTATION PROGRAMS + +SEC. 1101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS. + + (a) In General.--Except as otherwise provided in this division, the +requirements, authorities, conditions, eligibilities, limitations, and +other provisions authorized under the covered laws, which would +otherwise expire on or cease to apply after September 30, 2020, are +incorporated by reference and shall continue in effect through +September 30, 2021. + (b) Authorization of Appropriations.-- + (1) Highway trust fund.-- + (A) Highway account.--There is authorized to be + appropriated from the Highway Account for fiscal year + 2021, for each program with respect to which amounts + are authorized to be appropriated from such account for + fiscal year 2020, an amount equal to the amount + authorized for appropriation with respect to the + program from such account under the covered laws for + fiscal year 2020. + (B) Mass transit account.--There is authorized to + be appropriated from the Mass Transit Account for + fiscal year 2021, for each program with respect to + which amounts are authorized to be appropriated from + such account for fiscal year 2020, an amount equal to + the amount authorized for appropriation with respect to + the program from such account under the covered laws + for fiscal year 2020. + (2) General fund.--There is authorized to be appropriated + for fiscal year 2021, for each program under the covered laws + with respect to which amounts are authorized to be appropriated + for fiscal year 2020 from an account other than the Highway + Account or the Mass Transit Account, an amount that is not less + than the amount authorized for appropriation with respect to + the program under the covered laws for fiscal year 2020. + (c) Use of Funds.--Amounts authorized to be appropriated for fiscal +year 2021 with respect to a program under subsection (b) shall be +distributed, administered, limited, and made available for obligation +in the same manner as amounts authorized to be appropriated with +respect to the program for fiscal year 2020 under the covered laws. + (d) Obligation Limitation.--A program for which amounts are +authorized to be appropriated under subsection (b)(1) shall be subject +to a limitation on obligations for fiscal year 2021 in the same amount +and in the same manner as the limitation applicable with respect to the +program for fiscal year 2020. + (e) Definitions.--In this section: + (1) Covered laws.--The term ``covered laws'' means the + following: + (A) Titles I, II, III, IV, V, VI, VII, VIII, XI, + and XXIV of the FAST Act (Public Law 114-94). + (B) Division A, division B, subtitle A of title I + and title II of division C, and division E of MAP-21 + (Public Law 112-141). + (C) Titles I, II, and III of the SAFETEA-LU + Technical Corrections Act of 2008 (Public Law 110-244). + (D) Titles I, II, III, IV, V, and VI of SAFETEA-LU + (Public Law 109-59). + (E) Titles I, II, III, IV, and V of the + Transportation Equity Act for the 21st Century (Public + Law 105-178). + (F) Titles II, III, and IV of the National Highway + System Designation Act of 1995 (Public Law 104-59). + (G) Titles I, II, III, IV, V, and VI of the + Intermodal Surface Transportation Efficiency Act of + 1991 (Public Law 102-240). + (H) Title 23, United States Code. + (I) Sections 116, 117, 330, 5128, 5505, and 24905 + and chapters 53, 139, 303, 311, 313, 701, and 702 of + title 49, United States Code. + (2) Highway account.--The term ``Highway Account'' means + the portion of the Highway Trust Fund that is not the Mass + Transit Account. + (3) Mass transit account.--The term ``Mass Transit + Account'' means the portion of the Highway Trust Fund + established under section 9503(e)(1) of the Internal Revenue + Code of 1986. + +SEC. 1102. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS. + + Section 117(d)(2)(A) of title 23, United States Code, is amended in +the matter preceding clause (i)-- + (1) by striking ``$500,000,000'' and inserting + ``$600,000,000''; and + (2) by striking ``2020'' and inserting ``2021''. + +SEC. 1103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. + + Section 403(h)(2) of title 23, United States Code, is amended-- + (1) by striking ``2020'' and inserting ``2021''; and + (2) by striking ``$21,248,000'' and inserting + ``$26,560,000''. + +SEC. 1104. RAIL-RELATED PROVISIONS. + + (a) Federal Funding for Operating Losses.--Section 24321 of title +49, United States Code, is amended-- + (1) by striking subsection (d); and + (2) by redesignating subsection (e) as subsection (d). + (b) Direct Loans and Loan Guarantees.--Section 502(b)(3) of the +Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. +822(b)(3)) is amended by striking ``September 30, 2020'' and inserting +``September 30, 2021''. + +SEC. 1105. SUSPENSION FOR EXTENSION PERIOD OF ADJUSTMENTS FOR + ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND. + + Section 105 of title 23, United States Code, shall not apply to +monies deposited into the Highway Trust Fund by this division. + +SEC. 1106. PROHIBITION ON USE OF FUNDS. + + None of the funds authorized in this division or any other Act may +be used to adjust apportionments for the Mass Transit Account of the +Highway Trust Fund or withhold funds from apportionments for the Mass +Transit Account of the Highway Trust Fund pursuant to section +9503(e)(4) of the Internal Revenue Code of 1986 in fiscal year 2021. + +SEC. 1107. APPALACHIAN REGIONAL COMMISSION. + + (a) Authorization of Appropriations.--Section 14703 of title 40, +United States Code, is amended-- + (1) in subsection (a)(5) by striking ``2020'' and inserting + ``2021''; and + (2) in subsection (c) by striking ``2020'' and inserting + ``2021''. + (b) Termination.--Section 14704 of title 40, United States Code, is +amended by striking ``2020'' and inserting ``2021''. + + TITLE II--TRUST FUNDS + +SEC. 1201. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY. + + Section 9503 of the Internal Revenue Code of 1986 is amended-- + (1) by striking ``October 1, 2020'' in subsections + (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, + 2021''; and + (2) by striking ``FAST Act'' in subsections (c)(1) and + (e)(3) and inserting ``Continuing Appropriations Act, 2021 and + Other Extensions Act''. + +SEC. 1202. SPORT FISH RESTORATION AND BOATING TRUST FUND. + + Section 9504 of the Internal Revenue Code of 1986 is amended-- + (1) by striking ``FAST Act'' each place it appears in + subsection (b)(2) and inserting ``Continuing Appropriations + Act, 2021 and Other Extensions Act''; and + (2) by striking ``October 1, 2020'' in subsection (d)(2) + and inserting ``October 1, 2021''. + +SEC. 1203. LEAKING UNDERGROUND STORAGE TANK TRUST FUND. + + Section 9508(e)(2) of the Internal Revenue Code of 1986 is amended +by striking ``October 1, 2020'' and inserting ``October 1, 2021''. + +SEC. 1204. FURTHER ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND. + + Subsection (f) of section 9503 of the Internal Revenue Code of 1986 +is amended by redesignating paragraph (10) as paragraph (11) and by +inserting after paragraph (9) the following new paragraph: + ``(10) Further transfers to trust fund.--Out of money in + the Treasury not otherwise appropriated, there is hereby + appropriated-- + ``(A) $10,400,000,000 to the Highway Account (as + defined in subsection (e)(5)(B)) in the Highway Trust + Fund; and + ``(B) $3,200,000,000 to the Mass Transit Account in + the Highway Trust Fund.''. + +SEC. 1205. ADDITIONAL TRANSFER TO TRUST FUND. + + Section 9502 of the Internal Revenue Code of 1986 is amended by +adding at the end the following: + ``(f) Additional Transfer to Trust Fund.--Out of money in the +Treasury not otherwise appropriated, there is hereby appropriated +$14,000,000,000 to the Airport and Airway Trust Fund.''. + + DIVISION C--HEALTH EXTENDERS + + TITLE I--PUBLIC HEALTH EXTENDERS + +SEC. 2101. COMMUNITY HEALTH CENTERS, NATIONAL HEALTH SERVICE CORPS, AND + TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL + EDUCATION PROGRAMS. + + (a) Community Health Centers.--Section 10503(b)(1)(F) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) +is amended-- + (1) by striking ``$668,493,151'' and inserting + ``$789,041,096''; and + (2) by striking ``November 30, 2020'' and inserting + ``December 11, 2020''. + (b) National Health Service Corps.--Section 10503(b)(2)(H) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H)) +is amended-- + (1) by striking ``$51,808,219'' and inserting + ``$61,150,685''; and + (2) by striking ``November 30, 2020'' and inserting + ``December 11, 2020''. + (c) Teaching Health Centers That Operate Graduate Medical Education +Programs.--Section 340H(g)(1) of the Public Health Service Act (42 +U.S.C. 256h(g)(1)) is amended-- + (1) by striking ``$21,141,096'' and inserting + ``$24,953,425''; and + (2) by striking ``November 30, 2020'' and inserting + ``December 11, 2020''. + (d) Application of Provisions.--Amounts appropriated pursuant to +the amendments made by this section for the period beginning on October +1, 2020, through December 11, 2020, shall be subject to the +requirements contained in Public Law 116-94 for funds for programs +authorized under sections 330 through 340 of the Public Health Service +Act (42 U.S.C. 254 through 256). + (e) Conforming Amendment.--Paragraph (4) of section 3014(h) of +title 18, United States Code, is amended-- + (1) by striking ``Social Services Act,,,'' and inserting + ``Social Services Act,''; and + (2) by striking ``and section 3831 of the CARES Act'' and + inserting ``, section 3831 of the CARES Act, and section 2101 + of the Continuing Appropriations Act, 2021 and Other Extensions + Act''. + +SEC. 2102. DIABETES PROGRAMS. + + (a) Special Diabetes Programs for Type I Diabetes.--Section +330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c- +2(b)(2)(D)) is amended-- + (1) by striking ``$25,068,493'' and inserting + ``$29,589,042''; and + (2) by striking ``November 30, 2020'' and inserting + ``December 11, 2020''. + (b) Special Diabetes Programs for Indians.--Section 330C(c)(2)(D) +of the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(D)) is +amended-- + (1) by striking ``$25,068,493'' and inserting + ``$29,589,042''; and + (2) by striking ``November 30, 2020'' and inserting + ``December 11, 2020''. + +SEC. 2103. PERSONAL RESPONSIBILITY EDUCATION. + + Section 513 of the Social Security Act (42 U.S.C. 713) is amended +by striking ``November 30, 2020'' each place it appears and inserting +``December 11, 2020''. + +SEC. 2104. SEXUAL RISK AVOIDANCE EDUCATION. + + Section 510 of the Social Security Act (42 U.S.C. 710) is amended-- + (1) by striking ``November 30, 2020'' each place it appears + and inserting ``December 11, 2020''; + (2) in subsection (a)(2)(B)(i), by striking ``such period, + for fiscal year 2020'' and inserting ``the period described in + subparagraph (A), for fiscal year 2021''; and + (3) in subsection (f)(2), by striking ``and 2019'' and + inserting ``through 2020,''. + +SEC. 2105. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER EXTENSION. + + Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21 +U.S.C. 360ff(b)(5)) is amended-- + (1) by striking ``September 30, 2020'' each place it + appears and inserting ``December 11, 2020''; and + (2) in subparagraph (B), by striking ``September 30, 2022'' + and inserting ``December 11, 2022''. + +SEC. 2106. AUTHORIZATION TO ACCUMULATE EXCESS ANNUAL LEAVE. + + (a) In General.--Notwithstanding section 219 of the Public Health +Service Act (42 U.S.C. 210-1), a commissioned officer of the Public +Health Service who, except for this section, would lose at the end of +the fiscal year 2020 accumulated annual leave in excess of 60 days, may +retain such amounts of accumulated annual leave in excess of 60 days. + (b) Use of Excess Leave.--Annual leave retained pursuant to +subsection (a) shall be lost unless it is used by the officer no later +than September 30, 2023. + (c) Applicability.--This section shall not apply to an officer on +terminal leave preceding separation, retirement, or release from active +duty, as of the effective date specified in subsection (d). + (d) Effective Date.--This section shall become effective on the +earlier of-- + (1) the date of the enactment of this Act; or + (2) September 30, 2020. + +SEC. 2107. HHS SERVICES AND SUPPLY FUND. + + Effective as if included in the enactment of the paragraph +beginning with ``Service and supply fund:'' under the heading ``Public +Health Service'' in the Federal Security Agency Appropriation Act, 1946 +(42 U.S.C. 231), such paragraph shall be applied with respect to any +fiscal year as though the phrase ``central services'' referred to +central services for any Federal agency. + + TITLE II--MEDICARE EXTENDERS + +SEC. 2201. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE + MEDICARE PROGRAM. + + Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w- +4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law +116-136), is amended by striking ``December 1, 2020'' and inserting +``December 12, 2020''. + +SEC. 2202. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, + AND SELECTION. + + Section 1890(d)(2) of the Social Security Act (42 U.S.C. +1395aaa(d)(2)), as amended by section 3802 of the CARES Act (Public Law +116-136), is amended-- + (1) in the first sentence, by striking ``November 30, + 2020'' and inserting ``December 11, 2020''; and + (2) in the third sentence, by striking ``November 30, + 2020'' and inserting ``December 11, 2020''. + +SEC. 2203. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME + PROGRAMS. + + (a) State Health Insurance Programs.--Subsection (a)(1)(B) of +section 119 of the Medicare Improvements for Patients and Providers Act +of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the +Patient Protection and Affordable Care Act (Public Law 111-148), +section 610 of the American Taxpayer Relief Act of 2012 (Public Law +112-240), section 1110 of the Pathway for SGR Reform Act of 2013 +(Public Law 113-67), section 110 of the Protecting Access to Medicare +Act of 2014 (Public Law 113-93), section 208 of the Medicare Access and +CHIP Reauthorization Act of 2015 (Public Law 114-10), section 50207 of +division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), +section 1402 of division B of the Continuing Appropriations Act, 2020, +and Health Extenders Act of 2019 (Public Law 116- 59), section 1402 of +division B of the Further Continuing Appropriations Act, 2020, and +Further Health Extenders Act of 2019 (Public Law 116-69), section 103 +of division N of the Further Consolidated Appropriations Act, 2020 +(Public Law 116-94), and section 3803 of the CARES Act (Public Law 116- +136) is amended in clause (xi) by striking ``November 30, 2020'' and +inserting ``December 11, 2020''. + (b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section +119, as so amended, is amended in clause (xi) by striking ``November +30, 2020'' and inserting ``December 11, 2020''. + (c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of +such section 119, as so amended, is amended in clause (xi) by striking +``November 30, 2020'' and inserting ``December 11, 2020''. + (d) Contract With the National Center for Benefits and Outreach +Enrollment.--Subsection (d)(2) of such section 119, as so amended, is +amended in clause (xi) by striking ``November 30, 2020'' and inserting +``December 11, 2020''. + + TITLE III--MEDICAID EXTENDERS + +SEC. 2301. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING + DEMONSTRATION. + + Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42 +U.S.C. 1396a note), as inserted by section 3811 of the CARES Act +(Public Law 116-136), is amended by striking ``November 30, 2020'' and +inserting ``December 11, 2020''. + +SEC. 2302. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS. + + (a) In General.--Section 2404 of the Patient Protection and +Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by section +3812 of the CARES Act (Public Law 116-136), is amended by striking +``November 30, 2020'' and inserting ``December 11, 2020''. + (b) Rule of Construction.--Nothing in section 2404 of Public Law +111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the +Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be +construed as prohibiting a State from-- + (1) applying an income or resource disregard under a + methodology authorized under section 1902(r)(2) of such Act (42 + U.S.C. 1396a(r)(2))-- + (A) to the income or resources of an individual + described in section 1902(a)(10)(A)(ii)(VI) of such Act + (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a + disregard of the income or resources of such + individual's spouse); or + (B) on the basis of an individual's need for home + and community-based services authorized under + subsection (c), (d), (i), or (k) of section 1915 of + such Act (42 U.S.C. 1396n) or under section 1115 of + such Act (42 U.S.C. 1315); or + (2) disregarding an individual's spousal income and assets + under a plan amendment to provide medical assistance for home + and community-based services for individuals by reason of being + determined eligible under section 1902(a)(10)(C) of such Act + (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of + such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a + reduction of income based on costs incurred for medical or + other remedial care under which the State disregarded the + income and assets of the individual's spouse in determining the + initial and ongoing financial eligibility of an individual for + such services in place of the spousal impoverishment provisions + applied under section 1924 of such Act (42 U.S.C. 1396r-5). + +SEC. 2303. DELAY OF DSH REDUCTIONS. + + Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r- +4(f)(7)(A)), as amended by section 3813 of the CARES Act (Public Law +116-136), is amended-- + (1) in clause (i), in the matter preceding subclause (I), + by striking ``December 1, 2020'' and inserting ``December 12, + 2020''; and + (2) in clause (ii)(I), by striking ``December 1, 2020'' and + inserting ``December 12, 2020''. + +SEC. 2304. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION + PROGRAM. + + Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 +(42 U.S.C. 1396a note), as amended by section 3814 of the CARES Act +(Public Law 116-136), is amended by striking ``November 30, 2020'' and +inserting ``December 11, 2020''. + + TITLE IV--MEDICARE PART B PREMIUM ADJUSTMENT + +SEC. 2401. 2021 MEDICARE PART B PREMIUM AND DEDUCTIBLE. + + (a) 2021 Premium and Deductible and Repayment Through Future +Premiums.--Section 1839(a) of the Social Security Act (42 U.S.C. +1395r(a)) is amended-- + (1) in the second sentence of paragraph (1), by striking + ``(5) and (6)'' and inserting ``(5), (6), and (7)''; + (2) in paragraph (6)(C)-- + (A) in clause (i), by striking ``section + 1844(d)(1)'' and inserting ``subsections (d)(1) and + (e)(1) of section 1844''; and + (B) in clause (ii), by striking ``paragraph (5)'' + and inserting ``paragraphs (5) and (7)''; and + (3) by adding at the end the following: + ``(7)(A) In applying this part (including subsection (i) and +section 1833(b)), the monthly actuarial rate for enrollees age 65 and +over for 2021 shall be determined to be equal to the sum of-- + ``(i) the monthly actuarial rate for enrollees age 65 and + over for 2020; plus + ``(ii) 25 percent of the difference between such rate for + 2020 and the preliminary monthly actuarial rate for enrollees + age 65 and over for 2021 (as estimated under subparagraph (B)). + ``(B) For purposes of subparagraph (A)(ii), the Secretary shall +estimate a preliminary monthly actuarial rate for enrollees age 65 and +over for 2021 using the methodology described in paragraph (1) and as +if subparagraph (A) of this paragraph did not apply. The Secretary +shall make the estimate under the previous sentence as if the transfers +described in section 1844(f)(1) have been made.''. + (b) Transitional Government Contribution.--Section 1844 of the +Social Security Act (42 U.S.C. 1395w) is amended-- + (1) in subsection (a), by adding at the end the following + new sentence: ``In applying paragraph (1), the amounts + transferred under subsection (e)(1) with respect to enrollees + described in subparagraphs (A) and (B) of such subsection shall + be treated as premiums payable and deposited in the Trust Fund + under subparagraphs (A) and (B), respectively, of paragraph + (1).''; and + (2) by adding at the end the following: + ``(e)(1) For 2021, there shall be transferred from the General Fund +to the Trust Fund an amount, as estimated by the Chief Actuary of the +Centers for Medicare & Medicaid Services, equal to the reduction in +aggregate premiums payable under this part for a month in such year +(excluding any changes in amounts collected under section 1839(i)) that +are attributable to the application of section 1839(a)(7) with respect +to-- + ``(A) enrollees age 65 and over; and + ``(B) enrollees under age 65. +Such amounts shall be transferred from time to time as appropriate. + ``(2) Premium increases affected under section 1839(a)(6) shall not +be taken into account in applying subsection (a). + ``(3) There shall be transferred from the Trust Fund to the General +Fund of the Treasury amounts equivalent to the additional premiums +payable as a result of the application of section 1839(a)(6), excluding +the aggregate payments attributable to the application of section +1839(i)(3)(A)(ii)(II).''. + (c) Additional Transitional Government Contribution.--Section 1844 +of the Social Security Act (42 U.S.C. 1395w), as amended by subsection +(b)(2), is amended by adding at the end the following: + ``(f)(1) There shall be transferred from the General Fund of the +Treasury to the Trust Fund an amount, as estimated by the Chief Actuary +of the Centers for Medicare & Medicaid Services, equal to amounts paid +in advance for items and services under this part during the period +beginning on the first day of the emergency period described in section +1135(g)(1)(B) and ending on the date of the enactment of this +paragraph. + ``(2) There shall be transferred from the Trust Fund to the General +Fund of the Treasury amounts equivalent to the sum of-- + ``(A) the amounts by which claims have offset (in whole or + in part) the amount of such payments described in paragraph + (1); and + ``(B) the amount of such payments that have been repaid (in + whole or in part). + ``(3) Amounts described in paragraphs (1) and (2) shall be +transferred from time to time as appropriate.''. + (d) Indentation Correction.--Section 1839(i)(3)(A)(ii) of the +Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is amended by moving +the indentation of subclause (I) two ems to the right. + + TITLE V--ACCELERATED AND ADVANCE PAYMENT PROGRAMS + +SEC. 2501. MODIFYING ACCELERATED AND ADVANCE PAYMENT PROGRAMS UNDER + PARTS A AND B OF THE MEDICARE PROGRAM DURING THE COVID-19 + EMERGENCY. + + (a) Special Repayment Rules and Other Modifications.-- + (1) Part a.-- + (A) In general.--Section 1815(f)(2)(C) of the + Social Security Act (42 U.S.C. 1395g(f)(2)(C)) is + amended to read as follows: + ``(C) In the case of a payment made under the terms of the + program under subsection (e)(3), including such program as + expanded pursuant to this subsection, on or after the date of + the enactment of the CARES Act and so made during the emergency + period described in section 1135(g)(1)(B), upon request of a + hospital, the Secretary shall-- + ``(i) provide 1 year before payments for items and + services furnished by the hospital are offset to recoup + payments under such program; + ``(ii) provide that any such offset be an amount + equal to-- + ``(I) during the first 11 months in which + any such offsets are made with respect to + payment for items and services furnished by the + hospital, 25 percent of the amount of such + payment for such items and services; and + ``(II) during the succeeding 6 months, 50 + percent of the amount of such payment for such + items and services; and + ``(iii) allow 29 months from the date of the first + payment under such program to such provider before + requiring that the outstanding balance be paid in + full.''. + (B) Authority for discretion.--Section + 1815(f)(2)(A)(ii) of the Social Security Act (42 U.S.C. + 1395g(f)(2)(A)(ii)) is amended by inserting ``(or, with + respect to requests submitted to the Secretary after + April 26, 2020, may)''after ``shall.''. + (C) Application to other part a providers.-- + (i) In general.--In the case of a payment + made under the terms of an applicable program + (as defined in clause (ii)), on or after the + date of the enactment of the CARES Act (Public + Law 116-136) and so made during the emergency + period described in section 1135(g)(1)(B) of + the Social Security Act (42 U.S.C. 1320b- + 5(g)(1)(B)), upon request of an applicable + provider (as defined in clause (iii)), the + provisions of section 1815(f)(2)(C) of such Act + (42 U.S.C. 1395g(f)(2)(C)), as amended by + subparagraph (A), shall apply with respect to + such payment in the same manner as such + provisions apply with respect to a payment made + under the terms of the program under subsection + (e)(3) of section 1815 of such Act (42 U.S.C. + 1395g), including such program as expanded + pursuant to subsection (f) of such section, on + or after the date of the enactment of the CARES + Act (Public Law 116-136) and so made during + such emergency period. + (ii) Applicable program defined.--In this + clause, the term ``applicable program'' means-- + (I) the programs under sections + 413.64(g), 412.541(f), 412.632(e), + 412.116(f), 413.350(d), or 418.307 of + title 42, Code of Federal Regulations + (or any successor regulations); and + (II) any other comparable program + under part A of title XVIII of the + Social Security Act, as determined by + the Secretary. + (iii) Applicable provider.--In this clause, + the term ``applicable provider'' means a + provider of services that is eligible for + payment under an applicable program. + (2) Part b.-- + (A) In general.--In the case of a payment made + under the terms of the program described in section + 421.214 of title 42, Code of Federal Regulations (or + any successor regulation) on or after the date of the + enactment of the CARES Act (Public Law 116-136) and so + made during the emergency period described in section + 1135(g)(1)(B) of the Social Security Act (42 U.S.C. + 1320b-5(g)(1)(B)), the Secretary of Health and Human + Services shall, upon request of the provider of + services or supplier receiving such payment-- + (i) provide 1 year before payments for + items and services furnished by such provider + or supplier are offset to recoup payments under + such program; + (ii) provide that any such offset be an + amount equal to-- + (I) during the first 11 months in + which any such offsets are made with + respect to payment for items and + services furnished by such provider or + supplier, 25 percent of the amount of + such payment for such items and + services; and + (II) during the succeeding 6 + months, 50 percent of the amount of + such payment for such items and + services; and + (iii) allow 29 months from the date of the + first payment under such program to such + provider or supplier before requiring that the + outstanding balance be paid in full. + (B) Limitation on further part b advance + payments.--With respect to the period of the emergency + period described in section 1135(g)(1)(B) of the Social + Security Act (42 U.S.C. 1320b-5(g)(1)(B)) beginning on + the date of the enactment of this Act, the total amount + of payments made under the terms of the program + described in section 421.214 of title 42, Code of + Federal Regulations (or any successor regulation)-- + (i) for the portion of 2020 occurring + during such period of the emergency period and + for each year, shall not exceed $10,000,000; + (ii) for each year beginning and ending + during such period of the emergency period, + shall not exceed $10,000,000; and + (iii) for the last year beginning during + such period of the emergency period, the + portion of such last year occurring during such + period of the emergency period, shall not + exceed $10,000,000. + (b) Interest Rates.-- + (1) Part a.-- + (A) In general.--Section 1815(d) of the Social + Security Act (42 U.S.C. 1395g(d)) is amended by + inserting before the period at the end the following: + ``(or, in the case of such a determination made with + respect to a payment made on or after the date of the + enactment of the CARES Act and during the emergency + period described in section 1135(g)(1)(B) under the + program under subsection (e)(3), including such program + as expanded pursuant to subsection (f), at a rate of 4 + percent)''. + (B) Application to other part a providers.--In the + case of a determination under section 1815(d) of the + Social Security Act (42 U.S.C. 1395g(d)) with respect + to a payment made on or after the date of the enactment + of the CARES Act (Public Law 116-136) and during the + emergency period described in section 1135(g)(1)(B) of + the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) + under an applicable program (as defined in subsection + (a)(1)(C)(ii)), the amendment made by subparagraph (A) + shall apply with respect to such determination in the + same manner as such amendment applies with respect to a + payment made on or after the date of the enactment of + the CARES Act (Public Law 116-136) and during such + emergency period under the program under subsection + (e)(3) of section 1815 of such Act (42 U.S.C. 1395g), + including such program as expanded pursuant to + subsection (f) of such section. + (2) Part b.--Section 1833(j) of the Social Security Act (42 + U.S.C. 1395l(j)) is amended by inserting before the period at + the end the following: ``(or, in the case of such a + determination made with respect to a payment made on or after + the date of the enactment of the CARES Act and during the + emergency period described in section 1135(g)(1)(B) under the + program described in section 421.214 of title 42, Code of + Federal Regulations (or any successor regulation), at a rate of + 4 percent)''. + (c) Publication of Data.-- + (1) Data during covid-19 emergency.-- + (A) Initial publication.--Not later than 2 weeks + after the date of the enactment of this section, the + Secretary shall post on the public website of the + Centers for Medicare & Medicaid Services data that + includes the following information with respect to + specified payments (as defined in paragraph (3)(E)) + made as of such date and for which data is available: + (i) The total amount of such payments made + under each applicable payment program (as + defined in paragraph (3)(A)), including a + specification of the percentage of such + payments so made from the Federal Hospital + Insurance Trust Fund established under section + 1817 of the Social Security Act (42 U.S.C. + 1395i) and the percentage of such payments so + made from the Federal Supplementary Insurance + Trust Fund established under section 1841 of + such Act (42 U.S.C. 1395t) under each such + program. + (ii) The amount of specified payments made + under each such program by type of provider of + services or supplier receiving such payments. + (iii) The Centers for Medicare & Medicaid + Services certification number or other + appropriate number of, and the amount of such + payments received by, each provider of services + and supplier receiving such payments. + (B) Interim publication.--Every 2 weeks thereafter + during the emergency period, if any specified payments + are made that were not included in a preceding + publication of data under this paragraph, the Secretary + shall post on the website described in subparagraph (A) + data containing the information described in clauses + (i), (ii), and (iii) of such subparagraph with respect + to such specified payments. + (2) Additional publications.--Not later than 15 months + after the date of the enactment of the CARES Act (Public Law + 116-136), and every 6 months thereafter until all specified + payments have been recouped or repaid, the Secretary shall post + on the website described in paragraph (1)(A) data that includes + the following: + (A) The total amount of all specified payments not + recouped or repaid under each applicable payment + program. + (B) The amount of payments made under each such + program and not recouped or repaid by type of provider + of services or supplier. + (C) The total amount of specified payments that + have been recouped or repaid under each such program, + including a specification of the percentage of such + payments so recouped or repaid that have been deposited + into the Federal Hospital Insurance Trust Fund and the + percentage of such payments so recouped or repaid that + have been deposited into the Federal Supplementary + Insurance Trust Fund under each such program. + (D) The dollar amount of interest that has been + collected with respect to all specified payments under + each such program. + (3) Definitions.--In this subsection: + (A) Applicable payment program.--The term + ``applicable payment program'' means-- + (i) the program under subsection (e)(3) of + section 1815 of the Social Security Act (42 + U.S.C. 1395g), including such program as + expanded under subsection (f) of such section; + (ii) an applicable program (as defined in + subsection (a)(1)(C)(ii) of this section); and + (iii) the program described in section + 421.214 of title 42, Code of Federal + Regulations (or any successor regulation). + (B) Emergency period.--The term ``emergency + period'' means the emergency period described in + section 1135(g)(1)(B) of the Social Security Act (42 + U.S.C. 1320b-5(g)(1)(B)). + (C) Provider of services and supplier.--The terms + ``provider of services'' and ``supplier'' have the + meaning given such terms in subsections (u) and (d), + respectively, of section 1861 of such Act (42 U.S.C. + 1395x). + (D) Secretary.--The term ``Secretary'' means the + Secretary of Health and Human Services. + (E) Specified payments.--The term ``specified + payments'' means payments made under an applicable + payment program on or after the date of the enactment + of the CARES Act (Public Law 116-136) during the + emergency period. + + TITLE VI--OFFSETS + +SEC. 2601. INCLUSION IN THE MEDICAID DRUG REBATE PROGRAM OF COVERED + OUTPATIENT DRUGS USED FOR MEDICATION-ASSISTED TREATMENT. + + (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. +1396d) is amended-- + (1) in paragraph (29) of subsection (a)-- + (A) by moving the margin of such paragraph 2 ems to + the right; and + (B) by striking ``subject to paragraph (2)'' and + inserting ``subject to paragraphs (2) and (3)''; and + (2) in subsection (ee), by adding at the end the following: + ``(3) Application of rebate requirements.--The requirements + of section 1927 shall apply to any drug or biological product + described in paragraph (1)(A) that is-- + ``(A) furnished as medical assistance in accordance + with subsection (a)(29) and section 1902(a)(10)(A); and + ``(B) a covered outpatient drug (as defined in + section 1927(k), except that, in applying paragraph + (2)(A) of such section to a drug described in paragraph + (1)(A), such drug shall be deemed a prescribed drug for + purposes of subsection (a)(12)).''. + (b) Conforming Amendment.--Section 1927(d)(7) of the Social +Security Act (42 U.S.C. 1396r-8(d)(7)) is amended by adding at the end +the following new subparagraph: + ``(D) Drugs and biological products described in + subsection (ee)(1)(A) of section 1905 that are + furnished as medical assistance in accordance with + subsection (a)(29) of such section and section + 1902(a)(10)(A).''. + (c) Retroactive Effective Date.--The amendments made by this +section shall take effect as if included in the enactment of section +1006(b) of the SUPPORT for Patients and Communities Act (Public Law +115-271; 132 Stat. 3914). + +SEC. 2602. MEDICAID IMPROVEMENT FUND. + + Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)) +is amended-- + (1) in paragraph (1), by striking ``2021'' and inserting + ``2023''; and + (2) in paragraph (3)(A), by striking ``$1,960,000,000'' and + inserting ``$3,446,000,000''. + + DIVISION D--OTHER MATTERS + + TITLE I--EMERGENCY STOPGAP USCIS STABILIZATION ACT + +SEC. 4101. SHORT TITLE. + + This title may be cited as the ``Emergency Stopgap USCIS +Stabilization Act''. + +SECTION 4102. EXPANSION OF PREMIUM PROCESSING. + + (a) In General.--Section 286(u) of the Immigration and Nationality +Act (8 U.S.C. 1356(u)) is amended to read as follows: + ``(u) Premium Fee for Certain Immigration Benefit Types.-- + ``(1) In general.--The Secretary of Homeland Security is + authorized to establish and collect a premium fee for the + immigration benefit types described in paragraph (2). Such fee + shall be paid in addition to any other fees authorized by law, + deposited as offsetting receipts in the Immigration + Examinations Fee Account established under subsection (m), and + used for the purposes described in paragraph (4). + ``(2) Immigration benefit types.--Subject to reasonable + conditions or limitations, the Secretary shall establish a + premium fee under paragraph (1) in connection with-- + ``(A) employment-based nonimmigrant petitions and + associated applications for dependents of the + beneficiaries of such petitions; + ``(B) employment-based immigrant petitions filed by + or on behalf of aliens described in paragraph (1), (2), + or (3) of section 203(b); + ``(C) applications to change or extend nonimmigrant + status; + ``(D) applications for employment authorization; + and + ``(E) any other immigration benefit type that the + Secretary deems appropriate for premium processing. + ``(3) Amount of fee.-- + ``(A) In general.--Subject to subparagraph (C), + with respect to an immigration benefit type designated + for premium processing by the Secretary on or before + August 1, 2020, the premium fee shall be $2,500, except + that the premium fee for a petition for classification + of a nonimmigrant described in subparagraph (H)(ii)(b) + or (R) of section 101(a)(15) shall be $1,500. + ``(B) Other immigration benefit types.--With + respect to an immigration benefit type designated for + premium processing but not described in subparagraph + (A), the initial premium fee shall be established by + regulation, which shall include a detailed methodology + supporting the proposed premium fee amount. + ``(C) Biennial adjustment.--The Secretary may + adjust a premium fee under subparagraph (A) or (B) on a + biennial basis by the percentage (if any) by which the + Consumer Price Index for All Urban Consumers for the + month of June preceding the date on which such + adjustment takes effect exceeds the Consumer Price + Index for All Urban Consumers for the same month of the + second preceding calendar year. The provisions of + section 553 of title 5, United States Code, shall not + apply to an adjustment authorized under this + subparagraph. + ``(4) Use of fee.--Fees collected under this subsection may + only be used by U.S. Citizenship and Immigration Services to-- + ``(A) provide the services described in paragraph + (5) to premium processing requestors; + ``(B) make infrastructure improvements in + adjudications processes and the provision of + information and services to immigration and + naturalization benefit requestors; + ``(C) respond to adjudication demands, including by + reducing the number of pending immigration and + naturalization benefit requests; and + ``(D) otherwise offset the cost of providing + adjudication and naturalization services. + ``(5) Premium processing services.--The Secretary-- + ``(A) may suspend the availability of premium + processing for designated immigration benefit requests + only if circumstances prevent the completion of + processing of a significant number of such requests + within the required period; and + ``(B) shall ensure that premium processing + requestors have direct and reliable access to current + case status information as well as the ability to + communicate with the premium processing units at each + service center or office that provides premium + processing services.''. + (b) Expansion to New Benefit Requests.-- + (1) In general.--Notwithstanding the requirement to set a + fee by regulation under section 286(u)(3)(B) of the Immigration + and Nationality Act (8 U.S.C. 1356(u)(3)(B)), as amended by + subsection (a), the Secretary of Homeland Security may set a + fee under that section without regard to the provisions of + section 553 of title 5, United States Code, if such fee is + consistent with the following: + (A) For a petition for classification under section + 203(b)(1)(C) of the Immigration and Nationality Act (8 + U.S.C. 1153(b)(1)(C)), or a petition for classification + under section 203(b)(2) involving a waiver under + section 203(b)(2)(B) of such Act, the fee is set at an + amount not greater than $2,500 and the required + processing timeframe is not greater than 45 days. + (B) For an application under section 248 of the + Immigration and Nationality Act (8 U.S.C. 1258) to + change status to a classification described in + subparagraph (F), (J), or (M) of section 101(a)(15) of + such Act (8 U.S.C. 1101(a)(15)), the fee is set at an + amount not greater than $1,750 and the required + processing timeframe is not greater than 30 days. + (C) For an application under section 248 of the + Immigration and Nationality Act (8 U.S.C. 1258) to + change status to be classified as a dependent of a + nonimmigrant described in subparagraph (E), (H), (L), + (O), (P), or (R) of section 101(a)(15) of such Act (8 + U.S.C. 1101(a)(15)), or to extend such classification, + the fee is set at an amount not greater than $1,750 and + the required processing timeframe is not greater than + 30 days. + (D) For an application for employment + authorization, the fee is set at an amount not greater + than $1,500 and the required processing timeframe is + not greater than 30 days. + (2) Clarification.--The required processing timeframe for + each of the applications and petitions described in paragraph + (1) shall not commence until the date that all prerequisites + for adjudication are received by the Secretary of Homeland + Security. + (c) Other Benefit Requests.--In implementing the amendments made by +subsection (a), the Secretary of Homeland Security shall develop and +implement processes to ensure that the availability of premium +processing, or its expansion to additional immigration benefit +requests, does not result in an increase in processing times for +immigration benefit requests not designated for premium processing or +an increase in regular processing of immigration benefit requests so +designated. + +SEC. 4103. REPORTING REQUIREMENTS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Homeland Security shall provide +to the appropriate Committees a 5-year plan, including projected cost +estimates, procurement strategies, and a project schedule with +milestones, to accomplish each of the following: + (1) Establish electronic filing procedures for all + applications and petitions for immigration benefits. + (2) Accept electronic payment of fees at all filing + locations. + (3) Issue correspondence, including decisions, requests for + evidence, and notices of intent to deny, to immigration benefit + requestors electronically. + (4) Improve processing times for all immigration and + naturalization benefit requests. + (b) Semi-annual Briefings.--Not later than 180 days after +submission of the plan described in subsection (a), and on a semi- +annual basis thereafter, the Secretary shall advise the appropriate +Committees on the implementation status of such plan. + (c) Appropriate Committees Defined.--In this section, the term +``appropriate Committees'' means-- + (1) the Committee on Appropriations, the Committee on the + Judiciary, and the Committee on Homeland Security of the House + of Representatives; and + (2) the Committee on Appropriations, the Committee on the + Judiciary, and the Committee on Homeland Security and + Governmental Affairs of the Senate. + + TITLE II--UNITED STATES PAROLE COMMISSION EXTENSION + +SEC. 4201. SHORT TITLE. + + This title may be cited as the ``United States Parole Commission +Extension Act of 2020''. + +SEC. 4202. AMENDMENT OF SENTENCING REFORM ACT OF 1984. + + For purposes of section 235(b) of the Sentencing Reform Act of 1984 +(18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such +section relates to chapter 311 of title 18, United States Code, and the +United States Parole Commission, each reference in such section to ``33 +years'' or ``33-year period'' shall be deemed a reference to ``35 +years'' or ``35-year period'', respectively. + +SEC. 4203. PAROLE COMMISSION REPORT. + + Section 3 of the United States Parole Commission Extension Act of +2018 (Public Law 115-274) is amended-- + (1) in subsection (b), by striking ``2021'' and inserting + ``2022''; and + (2) by adding at the end the following: + ``(d) District of Columbia Report for Succeeding Fiscal Years.--For +each of fiscal years 2021 through 2022, not later than 90 days after +the end of the fiscal year, the United States Parole Commission shall +report to the Committees on the Judiciary of the Senate and House of +Representatives the items in paragraphs (1) through (3) of subsection +(c), for the fiscal year.''. + +TITLE III--ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REFORM PERMANENT + EXTENSION ACT + +SEC. 4301. SHORT TITLE. + + This title may be cited as the ``Antitrust Criminal Penalty +Enhancement and Reform Permanent Extension Act''. + +SEC. 4302. FINDINGS; PURPOSE. + + (a) Findings.--Congress finds the following: + (1) Conspiracies among competitors to fix prices, rig bids, + and allocate markets are categorically and irredeemably + anticompetitive and contravene the competition policy of the + United States. + (2) Cooperation incentives are important to the efforts of + the Antitrust Division of the Department of Justice to + prosecute and deter the offenses described in paragraph (1). + (b) Purpose.--The purpose of this Act, and the amendments made by +this Act, is to strengthen public and private antitrust enforcement by +providing incentives for antitrust violators to cooperate fully with +government prosecutors and private litigants through the repeal of the +sunset provision of the Antitrust Criminal Penalty Enhancement and +Reform Act of 2004 (15 U.S.C. 1 note). + +SEC. 4303. REPEAL OF SUNSET PROVISION. + + (a) Repeal.--Section 211 of the Antitrust Criminal Penalty +Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is repealed. + (b) Technical and Conforming Amendments.-- + (1) Revival and restoration.-- + (A) In general.--Sections 212, 213, and 214 of the + Antitrust Criminal Penalty Enhancement and Reform Act + of 2004 (15 U.S.C. 1 note) as in effect on June 21, + 2020, and as amended by the laws described in + subparagraph (B), are revived and restored. + (B) Laws.--The laws described in this subparagraph + are: + (i) Antitrust Criminal Penalty Enhancement + and Reform Act of 2004 Extension Act (Public + Law 111-30; 123 Stat. 1775). + (ii) The Act entitled ``An Act to amend the + Antitrust Criminal Penalty Enhancement and + Reform Act of 2004 to extend the operation of + such Act, and for other purposes'', approved + June 9, 2010 (Public Law 111-90; 124 Stat. + 1275). + (2) Definitions.--Section 212 of the Antitrust Criminal + Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) + is amended-- + (A) by striking paragraph (6); and + (B) by redesignating paragraph (7) as paragraph + (6). + (c) Applicability.-- + (1) Markers and agreements before sunset.--Notwithstanding + the repeal under subsection (a), section 211(b) of the + Antitrust Criminal Penalty Enhancement and Reform Act of 2004 + (15 U.S.C. 1 note), as in effect on the day before the date of + enactment of this Act, shall continue to apply to any person + who received a marker or entered into an antitrust leniency + agreement on or before June 22, 2020. + (2) Markers and agreements after sunset.--The repeal under + subsection (a) shall apply to any person who received a marker + or entered into an antitrust leniency agreement on or after + June 23, 2020. + + TITLE IV--COMMUNITY SERVICES AND SUPPORTS + +SEC. 4401. HEAD START DESIGNATION RENEWAL SYSTEM. + + Notwithstanding section 638 of the Head Start Act (42 U.S.C. 9833), +if the Secretary of Health and Human Services-- + (1) is required to make a determination under paragraph (6) + of section 641(c) of such Act (42 U.S.C. 9836a(c)) whether to + renew the designation of a Head Start agency for which such + determination under the schedule developed pursuant to + paragraph (9)(C) of such section 641(c) is required to be made + before December 31, 2020; and + (2) cannot make such determination in accordance with such + schedule because the Secretary lacks any information described + in any of subparagraphs (A) through (E) of section 641(c)(1) of + such Act required for the purpose of making such determination; +then before December 31, 2020, the Secretary shall extend for not more +than 2 years the 5-year period otherwise applicable to the designation +of such Head Start agency under such Act. + + TITLE V--BUDGETARY EFFECTS + +SEC. 4501. BUDGETARY EFFECTS. + + (a) Statutory PAYGO Scorecards.--The budgetary effects of division +B and each succeeding division shall not be entered on either PAYGO +scorecard maintained pursuant to section 4(d) of the Statutory Pay-As- +You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of division B +and each succeeding division shall not be entered on any PAYGO +scorecard maintained for purposes of section 4106 of H. Con. Res. 71 +(115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(8) of the Balanced Budget and Emergency +Deficit Control Act of 1985, the budgetary effects of division B and +each succeeding division shall not be estimated-- + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. + + TITLE VI--NUTRITION AND COMMODITIES PROGRAMS + +SEC. 4601. P-EBT PROGRAM EXTENSION. + + Section 1101 of the Families First Coronavirus Response Act (Public +Law 116-127; 7 U.S.C. 2011 note) is amended-- + (1) in subsection (a)-- + (A) by striking ``fiscal year 2020'' and inserting + ``fiscal years 2020 and 2021''; and + (B) by inserting ``or has reduced the number of + days or hours that students attend the school'' after + ``school is closed''; + (2) in subsection (b), in the first sentence, by inserting + ``and, as applicable, households with children eligible for + assistance under subsection (h)'' after ``children''; + (3) in subsection (c), by inserting ``or has reduced the + number of days or hours that students attend the school'' after + ``school that is closed''; + (4) in subsection (f)-- + (A) by striking ``To facilitate'' and inserting the + following: + ``(1) In general.--To facilitate''; and + (B) by adding at the end the following: + ``(2) Simplifying assumptions for school year 2020-2021.--A + State agency may use simplifying assumptions and the best + feasibly available data to provide benefits to and establish + benefit levels and eligibility periods for eligible children + and children eligible for assistance under subsection (h) for + purposes of this section.''; + (5) by redesignating subsections (h) and (i) as subsections + (i) and (j), respectively; + (6) by inserting after subsection (g) the following: + ``(h) Assistance for Children in Child Care.-- + ``(1) In general.--Beginning on October 1, 2020, subject to + an approved State agency plan under subsection (b) or an + approved amendment to such a plan, in any case in which, during + a public health emergency designation, a covered child care + facility is closed or has reduced attendance or hours for at + least 5 consecutive days, or 1 or more schools in the area of a + covered child care facility are closed or have reduced + attendance or hours for at least 5 consecutive days, each + household containing at least 1 child enrolled in such a + covered child care facility and the supplemental nutrition + assistance program established under the Food and Nutrition Act + of 2008 (7 U.S.C. 2011 et seq.) shall be eligible to receive + assistance, in accordance with paragraph (2), until covered + child care facilities or schools in the area reopen or operate + at full attendance and hours, as applicable, as determined by + the State agency. + ``(2) Assistance.--A household shall receive benefits under + paragraph (1) in an amount that is equal to at least 1 + breakfast and 1 lunch at the free rate for each child enrolled + in a covered child care facility for each day that the child + does not attend the facility because the facility is closed or + operating with reduced attendance or hours. + ``(3) State option.--A State shall not be required to + provide assistance under this subsection in order to provide + assistance to eligible children under a State agency plan under + subsection (b).''; + (7) in subsection (i) (as so redesignated)-- + (A) in each of paragraphs (1) through (3), by + inserting a paragraph heading, the text of which + comprises the term defined in that paragraph; + (B) by redesignating paragraphs (1) through (3) as + paragraphs (2), (4), and (5), respectively; + (C) by inserting before paragraph (2) (as so + redesignated) the following: + ``(1) Covered child care facility.--The term `covered child + care facility' means-- + ``(A) an organization described in subparagraph (A) + or (B) of section 17(a)(2) of the Richard B. Russell + National School Lunch Act (42 U.S.C. 1766(a)(2)); and + ``(B) a family or group day care home.''; + (D) in paragraph (2) (as so redesignated), by + inserting ``or reduced attendance or hours'' after + ``closure''; + (E) by inserting after paragraph (2) (as so + redesignated) the following: + ``(3) Free rate.--The term `free rate' means-- + ``(A) with respect to a breakfast, the rate of a + free breakfast under the school breakfast program under + section 4 of the Child Nutrition Act of 1966 (42 U.S.C. + 1773); and + ``(B) with respect to a lunch, the rate of a free + lunch under the school lunch program under the Richard + B. Russell National School Lunch Act (42 U.S.C. 1751 et + seq.).''; and + (F) by adding at the end the following: + ``(6) State.--The term `State' has the meaning given the + term in section 12(d) of the Richard B. Russell National School + Lunch Act (42 U.S.C. 1760(d)).''; and + (8) in subsection (j) (as so redesignated), by inserting + ``(including all administrative expenses)'' after ``this + section''. + +SEC. 4602. EXTENDING CERTAIN WAIVER AUTHORITIES. + + (a) National School Lunch Program Requirement Waivers Addressing +COVID-19.--Section 2202(e) of the Families First Coronavirus Response +Act (Public Law 116-127; 42 U.S.C. 1760 note) is amended by striking +``September 30, 2020'' and inserting ``September 30, 2021''. + (b) Physical Presence Waiver Under WIC During Certain Public Health +Emergencies.--Section 2203(c) of the Families First Coronavirus +Response Act (Public Law 116-127; 42 U.S.C. 1786 note) is amended by +striking ``September 30, 2020'' and inserting ``September 30, 2021''. + (c) Administrative Requirements Waiver Under WIC.--Section 2204(c) +of the Families First Coronavirus Response Act (Public Law 116-127) is +amended by striking ``September 30, 2020'' and inserting ``September +30, 2021''. + (d) Funding.--There are hereby appropriated, out of any funds in +the Treasury not otherwise appropriated, such sums as may be necessary +to carry out this section. + +SEC. 4603. SNAP FLEXIBILITIES. + + (a) Extension of Existing SNAP Flexibilities for COVID-19.-- + (1) State options.-- + (A) A State agency (as defined in section 3(s) of + the Food and Nutrition Act of 2008 (7 U.S.C. 2012(s))) + shall have the option, without prior approval from the + Secretary of Agriculture-- + (i) to extend certification periods under + section 3(f) of the Food and Nutrition Act of + 2008 (7 U.S.C. 2012(f)) for not more than 6 + months and adjust periodic report requirements + under section 6(c)(1)(D)(i) of the Food and + Nutrition Act of 2008 (7 U.S.C. + 2015(c)(1)(D)(i)) for some or all participating + households with certification periods set to + expire or periodic reports due on or before + June 30, 2021, consistent with the extensions + and adjustments provided in the Food and + Nutrition Service's April 22, 2020, blanket + approval for extending certification and + adjusting periodic reports, unless otherwise + provided in this subparagraph; + (ii) to allow household reporting + requirements under section 273.12(a)(5)(iii) of + title 7 of the Code of Federal Regulations to + satisfy the recertification requirements under + section 273.14 of title 7 of the Code of + Federal Regulations for some or all + participating households with recertification + periods set to expire on or before December 31, + 2021; and + (iii) to adjust the interview requirements + under sections 273.2 and 273.14(b) of title 7 + of the Code of Federal Regulations for some or + all household applications or recertifications + through June 30, 2021, consistent with the + adjustments provided in the Food and Nutrition + Service's March 26, 2020, blanket approval for + adjusting interview requirements, unless + otherwise provided in this subparagraph. + (B) Not later than 5 days after exercising an + option under subparagraph (A), a State agency shall + notify the Secretary of Agriculture in writing of the + option exercised, the categories of households affected + by the option, and the duration of such option. + (2) Adjustment.--The Secretary of Agriculture shall allow a + State agency to suspend the requirements under sections + 275.11(b)(1) and (2), 275.12, and 275.13 of title 7 of the Code + of Federal Regulations from June 1, 2020, through September 30, + 2021, consistent with the waivers provided in the Food and + Nutrition Service's April 30, 2020, blanket approval for waiver + of quality control reviews, unless otherwise provided in this + paragraph. + (3) Report.--Section 2302 of the Families First Coronavirus + Response Act (Public Law 116-127; 7 U.S.C. 2011 note) is + amended by striking subsection (c) and inserting the following: + ``(c) Report.--Not later than June 30, 2022, the Secretary of +Agriculture shall submit, to the Committee on Agriculture of the House +of Representatives and the Committee on Agriculture, Nutrition, and +Forestry of the Senate, a report containing the following information: + ``(1) A description of any information or data supporting + State agency requests under this section and any additional + measures that State agencies requested that were not approved + by the Secretary of Agriculture; + ``(2) An evaluation of the use of all waivers, adjustments, + and other flexibilities in the operation of the supplemental + nutrition assistance program (as defined in section 3 of the + Food and Nutrition Act of 2008 (7 U.S.C. 2012)), in effect + under this Act, the Food and Nutrition Act of 2008 (7 U.S.C. + 2011 et seq.), or any other Act, to respond to the COVID-19 + public health emergency; and + ``(3) A recommendation of any additional waivers or + flexibilities needed in the operation of the supplemental + nutrition assistance program to respond to public health + emergencies with pandemic potential.''. + (b) Funding.--There are hereby appropriated, out of any funds in +the Treasury not otherwise appropriated, such sums as may be necessary +to carry out this section. + +SEC. 4604. PROHIBITION ON PAYMENTS TO FOSSIL FUEL REFINERS AND + IMPORTERS. + + (a) In General.--The Secretary of Agriculture may not use any +funds, facilities, or authorities of the Commodity Credit Corporation +or the Department of Agriculture-- + (1) to provide a payment to a refiner or importer (as those + terms are defined in section 80.2 of title 40, Code of Federal + Regulations (or successor regulations)); or + (2) to otherwise support, directly or indirectly, a refiner + or importer (as so defined) in meeting any requirements under-- + (A) the renewable fuel program under section 211(o) + of the Clean Air Act (42 U.S.C. 7545(o)); or + (B) any other provision of law that requires the + blending of fossil fuel with renewable fuel. + (b) The exclusion in (a) shall not apply to any payments or support +to producers, refiners, or importers of biofuel (as defined in 7 U.S.C. +8101). + (c) Moratorium on Authorities Relating to Exchanges of Agricultural +Products for Petroleum Products.--The authorities under the ninth and +tenth sentences of section 4(h) of the Commodity Credit Corporation +Charter Act (15 U.S.C. 714b(h)) (relating to the availability of +agricultural products for the Secretary of Energy to exchange for +petroleum products and the terms and conditions of those exchanges, +respectively) shall not be used during the 180-day period beginning on +the date of enactment of this Act. + + DIVISION E--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS + +SEC. 5001. SHORT TITLE. + + This division may be cited as the ``Department of Veterans Affairs +Expiring Authorities Act of 2020''. + + TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE + +SEC. 5101. EXTENSION OF AUTHORITY FOR COLLECTION OF COPAYMENTS FOR + HOSPITAL CARE AND NURSING HOME CARE. + + Section 1710(f)(2)(B) of title 38, United States Code, is amended +by striking ``September 30, 2020'' and inserting ``September 30, +2022''. + +SEC. 5102. EXTENSION OF REQUIREMENT TO PROVIDE NURSING HOME CARE TO + CERTAIN VETERANS WITH SERVICE CONNECTED DISABILITIES. + + Section 1710A(d) of title 38, United States Code, is amended by +striking ``September 30, 2020'' and inserting ``September 30, 2022''. + +SEC. 5103. EXTENSION OF AUTHORITY FOR TRANSFER OF REAL PROPERTY. + + Section 8118(a)(5) of title 38, United States Code, is amended by +striking ``September 30, 2020'' and inserting ``September 30, 2022''. + +SEC. 5104. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON ASSISTANCE FOR + CHILD CARE FOR CERTAIN VETERANS RECEIVING HEALTH CARE. + + (a) Extension of Authority.--Subsection (e) of section 205 of the +Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law +111-163; 124 Stat. 1144; 38 U.S.C. 1710 note) is amended by striking +``September 30, 2020'' and inserting ``September 30, 2022''. + (b) Authorization of Appropriations.--Subsection (h) of such +section is amended by striking ``and 2020'' and inserting ``2020, 2021, +and 2022''. + +SEC. 5105. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR GRANTS TO + VETERANS SERVICE ORGANIZATIONS FOR TRANSPORTATION OF + HIGHLY RURAL VETERANS. + + Section 307(d) of the Caregivers and Veterans Omnibus Health +Services Act of 2010 (Public Law 111-163; 124 Stat. 1154; 38 U.S.C. +1710 note) is amended by striking ``2020'' and inserting ``2022''. + +SEC. 5106. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON COUNSELING IN + RETREAT SETTINGS FOR WOMEN VETERANS NEWLY SEPARATED FROM + SERVICE. + + (a) Extension of Authority.--Subsection (d) of section 203 of the +Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law +111-163; 124 Stat. 1143; 38 U.S.C. 1712A note) is amended by striking +``September 30, 2020'' and inserting ``September 30, 2022''. + (b) Authorization of Appropriations.--Subsection (f) of such +section is amended by striking ``and 2020'' and inserting ``2020, 2021, +and 2022''. + +SEC. 5107. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON GRADUATE MEDICAL + EDUCATION AND RESIDENCY. + + (a) In General.--Subsection (d) of section 403 of the VA MISSION +Act of 2018 (Public Law 115-182; 132 Stat. 1474; 38 U.S.C. 7302 note) +is amended by striking ``August 7, 2024'' and inserting ``August 7, +2031''. + (b) Technical Correction.--Subsection (a)(1) of such section is +amended by striking ``authorized under'' and all that follows through +the period at the end and inserting ``authorized under section 7302 of +title 38, United States Code, at covered facilities.''. + +SEC. 5108. INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS + REPORT ON ADMINISTRATION OF INTERNET WEBSITE ON STAFFING + AND VACANCIES. + + Not later than October 31, 2022, and October 31, 2024, and as +frequently thereafter as the Inspector General of the Department of +Veterans Affairs considers appropriate, the Inspector General shall-- + (1) review the administration of the internet website + required by section 505(a)(1) of the VA MISSION Act of 2018 + (Public Law 115-182; 132 Stat. 1477; 38 U.S.C. 301 note); + (2) develop recommendations for such legislative or + administrative action as the Inspector General considers + appropriate for such administration; and + (3) submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a report on-- + (A) the findings of the Inspector General with + respect to the most recent review conducted under + paragraph (1); and + (B) the recommendations most recently developed + under paragraph (2). + +SEC. 5109. EXTENSION OF TEMPORARY EXPANSION OF PAYMENTS AND ALLOWANCES + FOR BENEFICIARY TRAVEL IN CONNECTION WITH VETERANS + RECEIVING CARE FROM VET CENTERS. + + Section 104(a) of the Honoring America's Veterans and Caring for +Camp Lejeune Families Act of 2012 (Public Law 112-154; 126 Stat. 1169), +as most recently amended by section 5 of the Department of Veterans +Affairs Expiring Authorities Act of 2019 (Public Law 116-61; 133 Stat. +1116), is further amended by striking ``September 30, 2020'' and +inserting ``September 30, 2021''. + + TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS + +SEC. 5201. EXTENSION OF SPECIALLY ADAPTED HOUSING ASSISTIVE TECHNOLOGY + GRANT PROGRAM. + + Section 2108(g) of title 38, United States Code, is amended by +striking ``September 30, 2020'' and inserting ``September 30, 2022''. + +SEC. 5202. EXTENSIONS OF CERTAIN PROVISIONS OF LAW. + + (a) Extension of Student Veteran Coronavirus Response Act of +2020.--Section 2 of the Student Veteran Coronavirus Response Act of +2020 (Public Law 116-140) is amended by striking ``December 21, 2020'' +and inserting ``December 21, 2021''. + (b) Extension of Period for Continuation of Department of Veterans +Affairs Educational Assistance Benefits for Certain Programs of +Education Converted to Distance Learning by Reason of Emergencies and +Health-related Situations.--Section 1(b) of Public Law 116-128 is +amended by striking ``December 21, 2020'' and inserting ``December 21, +2021''. + +SEC. 5203. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE IN THE + REPUBLIC OF THE PHILIPPINES. + + Section 315(b) of title 38, United States Code, is amended by +striking ``September 30, 2020'' and inserting ``September 30, 2022''. + +SEC. 5204. EXTENSION OF AUTHORITY TO TRANSPORT INDIVIDUALS TO AND FROM + DEPARTMENT OF VETERANS AFFAIRS FACILITIES. + + Section 111A(a)(2) of title 38, United States Code, is amended by +striking ``September 30, 2020'' and inserting ``September 30, 2022''. + +SEC. 5205. EXTENSION OF TEMPORARY INCREASE IN NUMBER OF JUDGES ON + UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. + + Section 7253(i)(2) of title 38, United States Code, is amended by +striking ``January 1, 2021'' and inserting ``January 1, 2026''. + + TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS + +SEC. 5301. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR HOMELESS + VETERANS REINTEGRATION PROGRAMS. + + Section 2021(e)(1)(F) of title 38, United States Code, is amended +by striking ``2020'' and inserting ``2022''. + +SEC. 5302. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR HOMELESS + WOMEN VETERANS AND HOMELESS VETERANS WITH CHILDREN + REINTEGRATION GRANT PROGRAM. + + Section 2021A(f)(1) of title 38, United States Code, is amended by +striking ``2020'' and inserting ``2022''. + +SEC. 5303. EXTENSION OF AUTHORITY FOR REFERRAL AND COUNSELING SERVICES + FOR VETERANS AT RISK OF HOMELESSNESS TRANSITIONING FROM + CERTAIN INSTITUTIONS. + + Section 2023(d) of title 38, United States Code, is amended by +striking ``September 30, 2020'' and inserting ``September 30, 2022''. + +SEC. 5304. EXTENSION OF AUTHORITY FOR TREATMENT AND REHABILITATION FOR + SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS. + + (a) General Treatment.--Section 2031(b) of title 38, United States +Code, is amended by striking ``September 30, 2020'' and inserting +``September 30, 2022''. + (b) Additional Services at Certain Locations.--Section 2033(d) of +such title is amended by striking ``September 30, 2020'' and inserting +``September 30, 2022''. + +SEC. 5305. EXTENSION OF FUNDING FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE + SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN + PERMANENT HOUSING. + + Section 2044(e)(1) of title 38, United States Code, is amended-- + (1) in subparagraph (G), by striking ``through 2021'' and + inserting ``and 2020''; and + (2) by adding at the end the following new subparagraph: + ``(H) $420,000,000 for each of fiscal years 2021 and + 2022.''. + +SEC. 5306. EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOMELESS VETERANS + WITH SPECIAL NEEDS. + + Section 2061(d)(1) of title 38, United States Code, is amended by +striking ``2020'' and inserting ``2022''. + + TITLE IV--EXTENSIONS OF OTHER AUTHORITIES AND OTHER MATTERS + +SEC. 5401. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR MONTHLY + ASSISTANCE ALLOWANCE UNDER THE OFFICE OF NATIONAL + VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS. + + Section 322(d)(4) of title 38, United States Code, is amended by +striking ``2020'' and inserting ``2022''. + +SEC. 5402. EXTENSION OF REQUIREMENTS TO PROVIDE REPORTS TO CONGRESS + REGARDING EQUITABLE RELIEF IN THE CASE OF ADMINISTRATIVE + ERROR. + + Section 503(c) of title 38, United States Code, is amended by +striking ``December 31, 2020'' and inserting ``December 31, 2022''. + +SEC. 5403. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS FOR ADAPTIVE + SPORTS PROGRAMS FOR DISABLED VETERANS AND MEMBERS OF THE + ARMED FORCES. + + (a) Authorization of Appropriations.--Subsection (g)(1) of section +521A of title 38, United States Code, is amended-- + (1) by striking ``appropriated $8,000,000'' and inserting + the following: ``appropriated amounts as follows: + ``(A) $8,000,000 for each of fiscal years 2010 through + 2020.''; and + (2) by adding at the end the following new subparagraph: + ``(B) $16,000,000 for each of fiscal years 2021 and + 2022.''. + (b) Extension.--Subsection (l) of such section is amended by +striking ``2020'' and inserting ``2022''. + +SEC. 5404. EXTENSION OF AUTHORITY TO ENTER INTO AGREEMENT WITH THE + NATIONAL ACADEMY OF SCIENCES REGARDING ASSOCIATIONS + BETWEEN DISEASES AND EXPOSURE TO DIOXIN AND OTHER + CHEMICAL COMPOUNDS IN HERBICIDES. + + Section 3 of the Agent Orange Act of 1991 (Public Law 102-4; 38 +U.S.C. 1116 note) is amended by striking ``September 30, 2020'' and +inserting ``September 30, 2022''. + +SEC. 5405. MODIFICATION AND EXTENSION OF AUTHORITY RELATING TO VENDEE + LOAN PROGRAM. + + Section 3733(a) of title 38, United States Code, is amended by +adding at the end the following new paragraph: + ``(8) During the period that begins on October 1, 2020, and ends on +September 30, 2025, the Secretary shall carry out the provisions of +this subsection as if-- + ``(A) the references in the first sentence of paragraph (1) + to `65 percent' and `may be financed by a loan' were references + to `85 percent' and `shall be of property marketed with + financing to be', respectively; + ``(B) the second sentence of paragraph (1) were repealed; + and + ``(C) the reference in paragraph (2) to `September 30, + 1990,' were a reference to `September 30, 2025,'.''. + + Passed the House of Representatives September 22, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 8337 + +_______________________________________________________________________ + + AN ACT + + Making continuing appropriations for fiscal year 2021, and for other + purposes. From 3d2034e1fde1061e1dba44aaf05c451535677d0b Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 640/984] House-8337: Enrolled --- bills_text/House-8337.txt | 2213 +++++++++++++++++-------------------- 1 file changed, 990 insertions(+), 1223 deletions(-) diff --git a/bills_text/House-8337.txt b/bills_text/House-8337.txt index f1349dd..209a3dd 100644 --- a/bills_text/House-8337.txt +++ b/bills_text/House-8337.txt @@ -1,37 +1,44 @@ -116th CONGRESS - 2d Session - H. R. 8337 + H.R.8337 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - Making continuing appropriations for fiscal year 2021, and for other - purposes. + Making continuing appropriations for fiscal year 2021, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Continuing Appropriations Act, 2021 and Other Extensions Act''. - SEC. 2. TABLE OF CONTENTS. - The table of contents of this Act is as follows: Sec. 1. Short Title. Sec. 2. Table of Contents. Sec. 3. References. - DIVISION A--CONTINUING APPROPRIATIONS ACT, 2021 + + DIVISION A--CONTINUING APPROPRIATIONS ACT, 2021 DIVISION B--SURFACE TRANSPORTATION PROGRAM EXTENSION Title I--Surface Transportation Programs Title II--Trust Funds + DIVISION C--HEALTH EXTENDERS Title I--Public Health Extenders @@ -40,24 +47,24 @@ Title III--Medicaid Extenders Title IV--Medicare Part B Premium Adjustment Title V--Accelerated and Advance Payment Programs Title VI--Offsets - DIVISION D--OTHER MATTERS + + DIVISION D--OTHER MATTERS Title I--Emergency Stopgap USCIS Stabilization Act Title II--United States Parole Commission Extension Title III--Antitrust Criminal Penalty Enhancement and Reform Permanent - Extension Act + Extension Act Title IV--Community Services and Supports Title V--Budgetary Effects Title VI--Nutrition and Commodities Programs - DIVISION E--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS + + DIVISION E--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS Title I--Extensions of Authorities Relating to Health Care Title II--Extensions of Authorities Relating to Benefits Title III--Extensions of Authorities Relating to Homeless Veterans Title IV--Extensions of Other Authorities and Other Matters - SEC. 3. REFERENCES. - Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. @@ -77,61 +84,59 @@ loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2020, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: - (1) The Agriculture, Rural Development, Food and Drug - Administration, and Related Agencies Appropriations Act, 2020 - (division B of Public Law 116-94), except sections 791 and 792. - (2) The Commerce, Justice, Science, and Related Agencies - Appropriations Act, 2020 (division B of Public Law 116-93), - except the last proviso under the heading ``Department of - Commerce--Bureau of the Census--Periodic Censuses and - Programs''. - (3) The Department of Defense Appropriations Act, 2020 - (division A of Public Law 116-93), except title X. - (4) The Energy and Water Development and Related Agencies - Appropriations Act, 2020 (division C of Public Law 116-94). - (5) The Financial Services and General Government - Appropriations Act, 2020 (division C of Public Law 116-93). - (6) The Department of Homeland Security Appropriations Act, - 2020 (division D of Public Law 116-93) (except for amounts in - title II of division D of Public Law 116-93 that were - designated by the Congress as being for an emergency - requirement pursuant to section 251(b)(2)(A)(i) of the Balanced - Budget and Emergency Deficit Control Act of 1985), and title I - of division I of Public Law 116-94. - (7) The Department of the Interior, Environment, and - Related Agencies Appropriations Act, 2020 (division D of Public - Law 116-94). - (8) The Departments of Labor, Health and Human Services, - and Education, and Related Agencies Appropriations Act, 2020 - (division A of Public Law 116-94). - (9) The Legislative Branch Appropriations Act, 2020 - (division E of Public Law 116-94), and section 7 of Public Law - 116-94. - (10) The Military Construction, Veterans Affairs, and - Related Agencies Appropriations Act, 2020 (division F of Public - Law 116-94), except title V. - (11) The Department of State, Foreign Operations, and - Related Programs Appropriations Act, 2020 (division G of Public - Law 116-94). - (12) The Transportation, Housing and Urban Development, and - Related Agencies Appropriations Act, 2020 (division H of Public - Law 116-94). + (1) The Agriculture, Rural Development, Food and Drug + Administration, and Related Agencies Appropriations Act, 2020 + (division B of Public Law 116-94), except sections 791 and 792. + (2) The Commerce, Justice, Science, and Related Agencies + Appropriations Act, 2020 (division B of Public Law 116-93), except + the last proviso under the heading ``Department of Commerce--Bureau + of the Census--Periodic Censuses and Programs''. + (3) The Department of Defense Appropriations Act, 2020 + (division A of Public Law 116-93), except title X. + (4) The Energy and Water Development and Related Agencies + Appropriations Act, 2020 (division C of Public Law 116-94). + (5) The Financial Services and General Government + Appropriations Act, 2020 (division C of Public Law 116-93). + (6) The Department of Homeland Security Appropriations Act, + 2020 (division D of Public Law 116-93) (except for amounts in title + II of division D of Public Law 116-93 that were designated by the + Congress as being for an emergency requirement pursuant to section + 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit + Control Act of 1985), and title I of division I of Public Law 116- + 94. + (7) The Department of the Interior, Environment, and Related + Agencies Appropriations Act, 2020 (division D of Public Law 116- + 94). + (8) The Departments of Labor, Health and Human Services, and + Education, and Related Agencies Appropriations Act, 2020 (division + A of Public Law 116-94). + (9) The Legislative Branch Appropriations Act, 2020 (division E + of Public Law 116-94), and section 7 of Public Law 116-94. + (10) The Military Construction, Veterans Affairs, and Related + Agencies Appropriations Act, 2020 (division F of Public Law 116- + 94), except title V. + (11) The Department of State, Foreign Operations, and Related + Programs Appropriations Act, 2020 (division G of Public Law 116- + 94). + (12) The Transportation, Housing and Urban Development, and + Related Agencies Appropriations Act, 2020 (division H of Public Law + 116-94). Sec. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: - (1) the new production of items not funded for production - in fiscal year 2020 or prior years; - (2) the increase in production rates above those sustained - with fiscal year 2020 funds; or - (3) The initiation, resumption, or continuation of any - project, activity, operation, or organization (defined as any - project, subproject, activity, budget activity, program - element, and subprogram within a program element, and for any - investment items defined as a P-1 line item in a budget - activity within an appropriation account and an R-1 line item - that includes a program element and subprogram element within - an appropriation account) for which appropriations, funds, or - other authority were not available during fiscal year 2020. + (1) the new production of items not funded for production in + fiscal year 2020 or prior years; + (2) the increase in production rates above those sustained with + fiscal year 2020 funds; or + (3) The initiation, resumption, or continuation of any project, + activity, operation, or organization (defined as any project, + subproject, activity, budget activity, program element, and + subprogram within a program element, and for any investment items + defined as a P-1 line item in a budget activity within an + appropriation account and an R-1 line item that includes a program + element and subprogram element within an appropriation account) for + which appropriations, funds, or other authority were not available + during fiscal year 2020. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding @@ -153,12 +158,12 @@ such project or activity are available under this Act. applicable appropriations Act for fiscal year 2021, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: - (1) The enactment into law of an appropriation for any - project or activity provided for in this Act. - (2) The enactment into law of the applicable appropriations - Act for fiscal year 2021 without any provision for such project - or activity. - (3) December 11, 2020. + (1) The enactment into law of an appropriation for any project + or activity provided for in this Act. + (2) The enactment into law of the applicable appropriations Act + for fiscal year 2021 without any provision for such project or + activity. + (3) December 11, 2020. Sec. 107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is @@ -226,24 +231,24 @@ of this Act, and shall remain in effect through the date in section Sec. 115. (a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)-- - (1) to which other appropriations are not provided by this - Act, but for which there is a current applicable TAFS that does - receive an appropriation in this Act; or - (2) which are no-year TAFS and receive other appropriations - in this Act, + (1) to which other appropriations are not provided by this Act, + but for which there is a current applicable TAFS that does receive + an appropriation in this Act; or + (2) which are no-year TAFS and receive other appropriations in + this Act, may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS, as long as doing so does not impinge on the final funding prerogatives of the Congress. (b) Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of-- - (1) the amount specified for rescission or cancellation in - the applicable appropriations Act referenced in section 101 of - this Act; or - (2) the amount of balances available, as of October 1, - 2020, from the funds specified for rescission or cancellation - in the applicable appropriations Act referenced in section 101 - of this Act. + (1) the amount specified for rescission or cancellation in the + applicable appropriations Act referenced in section 101 of this + Act; or + (2) the amount of balances available, as of October 1, 2020, + from the funds specified for rescission or cancellation in the + applicable appropriations Act referenced in section 101 of this + Act. (c) No later than November 20, 2020, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of @@ -311,18 +316,18 @@ Decennial Census Program. the Secretary of the Navy may enter into a contract, beginning with fiscal year 2021, for the procurement of up to two Columbia class submarines. - (2) With respect to a contract entered into under - subsection (a), the Secretary of the Navy may use incremental - funding to make payments under the contract. - (3) Any contract entered into under subsection (a) shall - provide that-- - (A) any obligation of the United States to make a - payment under the contract is subject to the - availability of appropriations for that purpose; and - (B) total liability of the Federal Government for - termination of any contract entered into shall be - limited to the total amount of funding obligated to the - contract at time of termination. + (2) With respect to a contract entered into under subsection + (a), the Secretary of the Navy may use incremental funding to make + payments under the contract. + (3) Any contract entered into under subsection (a) shall + provide that-- + (A) any obligation of the United States to make a payment + under the contract is subject to the availability of + appropriations for that purpose; and + (B) total liability of the Federal Government for + termination of any contract entered into shall be limited to + the total amount of funding obligated to the contract at time + of termination. (b) Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for ``Shipbuilding and Conversion, Navy'' may be apportioned up to the rate for operations @@ -351,19 +356,19 @@ as being for an emergency requirement pursuant to section Act of 1985. (b)(1) This section shall become effective immediately upon enactment of this Act. - (2) If this Act is enacted after September 30, 2020, or if - the designation in section 114(b) occurs after September 30, - 2020, this section shall be applied as if it were in effect on - September 30, 2020. + (2) If this Act is enacted after September 30, 2020, or if the + designation in section 114(b) occurs after September 30, 2020, this + section shall be applied as if it were in effect on September 30, + 2020. Sec. 127. (a) No funds shall be transferred directly from ``Department of Energy--Power Marketing Administration--Colorado River Basins Power Marketing Fund, Western Area Power Administration'' to the general fund of the Treasury in fiscal year 2020. (b)(1) This section shall become effective immediately upon enactment of this Act. - (2) If this Act is enacted after September 30, 2020, this - section shall be applied as if it were in effect on September - 30, 2020. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September 30, + 2020. Sec. 128. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting the date specified in section 106(3) of this Act for @@ -502,31 +507,30 @@ U.S.C. 4026) is amended by striking ``September 30, 2019'' and inserting ``September 30, 2021''. (c)(1) This section shall become effective immediately upon enactment of this Act. - (2) If this Act is enacted after September 30, 2020, this - section shall be applied as if it were in effect on September - 30, 2020. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September 30, + 2020. Sec. 147. (a) Notwithstanding section 101, the following shall be applied by substituting ``$0'' for-- - (1) ``$32,300,000'' in the first paragraph under the - heading ``Bureau of Land Management--Land Acquisition''; - (2) ``$10,000,000'', and ``$320,000'' in the first - paragraph under the heading ``United States Fish and Wildlife - Service--Land Acquisition''; - (3) ``$3,628,000'' in the second paragraph under the - heading ``United States Fish and Wildlife Service--Land - Acquisition''; - (4) ``$30,800,000'' and ``$23,702,000'' for ``$54,502,000'' - in the first paragraph under the heading ``United States Fish - and Wildlife Service--Cooperative Endangered Species - Conservation Fund''; - (5) ``$208,400,000'', ``$140,000,000'', and ``$13,000,000'' - in the first paragraph under the heading ``National Park - Service--Land Acquisition and State Assistance''; - (6) ``$63,990,000'' and ``$283,000,000'' for - ``$346,990,000'' under the heading ``Forest Service--State and - Private Forestry''; and - (7) ``$78,898,000'' in the first paragraph under the - heading ``Forest Service--Land Acquisition''. + (1) ``$32,300,000'' in the first paragraph under the heading + ``Bureau of Land Management--Land Acquisition''; + (2) ``$10,000,000'', and ``$320,000'' in the first paragraph + under the heading ``United States Fish and Wildlife Service--Land + Acquisition''; + (3) ``$3,628,000'' in the second paragraph under the heading + ``United States Fish and Wildlife Service--Land Acquisition''; + (4) ``$30,800,000'' and ``$23,702,000'' for ``$54,502,000'' in + the first paragraph under the heading ``United States Fish and + Wildlife Service--Cooperative Endangered Species Conservation + Fund''; + (5) ``$208,400,000'', ``$140,000,000'', and ``$13,000,000'' in + the first paragraph under the heading ``National Park Service--Land + Acquisition and State Assistance''; + (6) ``$63,990,000'' and ``$283,000,000'' for ``$346,990,000'' + under the heading ``Forest Service--State and Private Forestry''; + and + (7) ``$78,898,000'' in the first paragraph under the heading + ``Forest Service--Land Acquisition''. (b) Notwithstanding section 101, the first paragraph under the heading ``United States Fish and Wildlife Service--Land Acquisition'' shall be applied by substituting ``$7,550,000'' for ``$70,715,000''. @@ -576,9 +580,9 @@ purposes, and under the same authorities for which the funds were originally transferred and merged pursuant to Public Law 114-113. (b)(1) This section shall become effective immediately upon enactment of this Act. - (2) If this Act is enacted after September 30, 2020, this - section shall be applied as if it were in effect on September - 30, 2020. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September 30, + 2020. Sec. 151. (a) Notwithstanding section 101, section 529 of division A of Public Law 116-94 shall be applied by substituting ``$1,150,000,000'' for ``$3,169,819,000'' and by substituting ``section @@ -595,9 +599,9 @@ Director of the National Institutes of Health determines the project suffered an interruption of activities attributable to SARS-CoV-2. (b)(1) This section shall become effective immediately upon enactment of this Act. - (2) If this Act is enacted after September 30, 2020, this - section shall be applied as if it were in effect on September - 30, 2020. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September 30, + 2020. Sec. 153. (a) Funds made available in Public Law 113-76 under the heading ``Rehabilitation Services and Disability Research'' that were available for obligation through fiscal year 2015 for the Automated @@ -607,9 +611,9 @@ year 2021 for the liquidation of valid obligations incurred in fiscal years 2014 or 2015. (b)(1) This section shall become effective immediately upon enactment of this Act. - (2) If this Act is enacted after September 30, 2020, this - section shall be applied as if it were in effect on September - 30, 2020. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September 30, + 2020. Sec. 154. Section 114(f) of the Higher Education Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2020''. @@ -658,37 +662,32 @@ which the funds were originally provided in Public Law 116-94. (d)(1) Section 3514(b) of title III of division A of Public Law 116-136 is hereby repealed, and such section shall be applied hereafter as if such subsection had never been enacted. - (2)(A) In general.--The amounts provided under this - subsection are designated as an emergency requirement pursuant - to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 - U.S.C. 933(g)). - (B) Designation in the senate.--In the Senate, this - subsection is designated as an emergency requirement - pursuant to section 4112(a) of H. Con. Res. 71 (115th - Congress), the concurrent resolution on the budget for - fiscal year 2018. - (C) Classification of budgetary effects.-- - Notwithstanding Rule 3 of the Budget Scorekeeping - Guidelines set forth in the joint explanatory statement - of the committee of conference accompanying Conference - Report 105-217 and section 250(c)(7) and (c)(8) of the - Balanced Budget and Emergency Deficit Control Act of - 1985, the budgetary effects of this subsection-- - (i) shall not be estimated for purposes of - section 251 of such Act; - (ii) shall not be estimated for purposes of - paragraph (4)(C) of section 3 of the Statutory - Pay As-You-Go Act of 2010 as being included in - an appropriation Act; and - (iii) shall be treated as if they were - contained in a PAYGO Act, as defined by section - 3(7) of the Statutory Pay-As-You-Go Act of 2010 - (2 U.S.C. 932(7)). + (2)(A) In general.--The amounts provided under this subsection + are designated as an emergency requirement pursuant to section 4(g) + of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). + (B) Designation in the senate.--In the Senate, this + subsection is designated as an emergency requirement pursuant + to section 4112(a) of H. Con. Res. 71 (115th Congress), the + concurrent resolution on the budget for fiscal year 2018. + (C) Classification of budgetary effects.--Notwithstanding + Rule 3 of the Budget Scorekeeping Guidelines set forth in the + joint explanatory statement of the committee of conference + accompanying Conference Report 105-217 and section 250(c)(7) + and (c)(8) of the Balanced Budget and Emergency Deficit Control + Act of 1985, the budgetary effects of this subsection-- + (i) shall not be estimated for purposes of section 251 + of such Act; + (ii) shall not be estimated for purposes of paragraph + (4)(C) of section 3 of the Statutory Pay As-You-Go Act of + 2010 as being included in an appropriation Act; and + (iii) shall be treated as if they were contained in a + PAYGO Act, as defined by section 3(7) of the Statutory Pay- + As-You-Go Act of 2010 (2 U.S.C. 932(7)). (e)(1) This section shall become effective immediately upon enactment of this Act. - (2) If this Act is enacted after September 30, 2020, this - section shall be applied as if it were in effect on September - 30, 2020. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September 30, + 2020. Sec. 157. Notwithstanding any other provision of this Act, there is hereby appropriated for fiscal year 2021 for payment to the John R. Lewis Revocable Trust, beneficiary of John R. Lewis, late a @@ -697,27 +696,26 @@ Representative from the State of Georgia, $174,000. ``House of Representatives--Salaries and Expenses'' at a rate for operations of $1,383,725,000. Sec. 159. Notwithstanding any other provision of this Act-- - (1) the authority of the Library of Congress to reimburse - the Little Scholars Child Development Center at the Library of - Congress under section 19004 of the CARES Act (2 U.S.C. 162b - note; 134 Stat. 578) shall remain in effect with respect to - salaries incurred until the termination of the public health - emergency declared pursuant to section 319 of the Public Health - Service Act (42 U.S.C. 247d) resulting from the COVID-19 - pandemic; and - (2) the authority of the Government Accountability Office - to reimburse the Tiny Findings Child Development Center under - section 19009 of the CARES Act (134 Stat. 579) shall remain in - effect with respect to salaries incurred until the termination - of the public health emergency declared pursuant to section 319 - of the Public Health Service Act (42 U.S.C. 247d) resulting - from the COVID-19 pandemic. - (3) Section 19005(a) of the CARES Act (2 U.S.C. 1816b note; - 134 Stat. 578) shall be amended by striking ``for not more than - 16 weeks'' and inserting in its place ``until the termination - of the public health emergency declared pursuant to section 319 - of the Public Health Service Act (42 U.S.C. 247d) resulting - from the COVID-19 pandemic''. + (1) the authority of the Library of Congress to reimburse the + Little Scholars Child Development Center at the Library of Congress + under section 19004 of the CARES Act (2 U.S.C. 162b note; 134 Stat. + 578) shall remain in effect with respect to salaries incurred until + the termination of the public health emergency declared pursuant to + section 319 of the Public Health Service Act (42 U.S.C. 247d) + resulting from the COVID-19 pandemic; and + (2) the authority of the Government Accountability Office to + reimburse the Tiny Findings Child Development Center under section + 19009 of the CARES Act (134 Stat. 579) shall remain in effect with + respect to salaries incurred until the termination of the public + health emergency declared pursuant to section 319 of the Public + Health Service Act (42 U.S.C. 247d) resulting from the COVID-19 + pandemic. + (3) Section 19005(a) of the CARES Act (2 U.S.C. 1816b note; 134 + Stat. 578) shall be amended by striking ``for not more than 16 + weeks'' and inserting in its place ``until the termination of the + public health emergency declared pursuant to section 319 of the + Public Health Service Act (42 U.S.C. 247d) resulting from the + COVID-19 pandemic''. Sec. 160. (a) Extension.--Notwithstanding sections 3902(a) and 3904(b) of title 41, United States Code, if the performance or delivery of services procured under a severable service contract of the Library @@ -845,9 +843,9 @@ Infrastructure Investments grants (also known as the Better Utilizing Investments to Leverage Development, or BUILD grants). (c)(1) This section shall become effective immediately upon enactment of this Act. - (2) If this Act is enacted after September 30, 2020, this - section shall be applied as if it were in effect on September - 30, 2020. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September 30, + 2020. Sec. 170. Notwithstanding section 101, the matter preceding the first proviso under the heading ``Government National Mortgage Association--Guarantees of Mortgage-Backed Securities Loan Guarantee @@ -867,9 +865,9 @@ fiscal year 2021 for the liquidation of valid obligations incurred in fiscal years 2013 through 2015. (b)(1) This section shall become effective immediately upon enactment of this Act. - (2) If this Act is enacted after September 30, 2020, this - section shall be applied as if it were in effect on September - 30, 2020. + (2) If this Act is enacted after September 30, 2020, this + section shall be applied as if it were in effect on September 30, + 2020. Sec. 172. Amounts made available by section 101 to the Department of Housing and Urban Development for ``Housing Programs--Housing for the Elderly'' may be apportioned up to the rate for operations @@ -879,10 +877,10 @@ section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(2)), including making amendments to contracts for such assistance and renewing expiring contracts for such assistance for up to a 1-year term; and - (2) be available to make awards to existing grantees to - continue, without competition, demonstration programs to test - housing with services models for the elderly that demonstrate - the potential to delay or avoid the need for nursing home care. + (2) be available to make awards to existing grantees to + continue, without competition, demonstration programs to test + housing with services models for the elderly that demonstrate the + potential to delay or avoid the need for nursing home care. Sec. 173. Amounts provided by section 111 to the Department of Agriculture for ``Corporations--Commodity Credit Corporation Fund-- Reimbursement for Net Realized Losses'' may be used, prior to the @@ -894,11 +892,9 @@ reimbursed, as of September 17, 2020. 2021''. DIVISION B--SURFACE TRANSPORTATION PROGRAM EXTENSION - TITLE I--SURFACE TRANSPORTATION PROGRAMS SEC. 1101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS. - (a) In General.--Except as otherwise provided in this division, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would @@ -906,30 +902,28 @@ otherwise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2021. (b) Authorization of Appropriations.-- - (1) Highway trust fund.-- - (A) Highway account.--There is authorized to be - appropriated from the Highway Account for fiscal year - 2021, for each program with respect to which amounts - are authorized to be appropriated from such account for - fiscal year 2020, an amount equal to the amount - authorized for appropriation with respect to the - program from such account under the covered laws for - fiscal year 2020. - (B) Mass transit account.--There is authorized to - be appropriated from the Mass Transit Account for - fiscal year 2021, for each program with respect to - which amounts are authorized to be appropriated from - such account for fiscal year 2020, an amount equal to - the amount authorized for appropriation with respect to - the program from such account under the covered laws - for fiscal year 2020. - (2) General fund.--There is authorized to be appropriated - for fiscal year 2021, for each program under the covered laws - with respect to which amounts are authorized to be appropriated - for fiscal year 2020 from an account other than the Highway - Account or the Mass Transit Account, an amount that is not less - than the amount authorized for appropriation with respect to - the program under the covered laws for fiscal year 2020. + (1) Highway trust fund.-- + (A) Highway account.--There is authorized to be + appropriated from the Highway Account for fiscal year 2021, for + each program with respect to which amounts are authorized to be + appropriated from such account for fiscal year 2020, an amount + equal to the amount authorized for appropriation with respect + to the program from such account under the covered laws for + fiscal year 2020. + (B) Mass transit account.--There is authorized to be + appropriated from the Mass Transit Account for fiscal year + 2021, for each program with respect to which amounts are + authorized to be appropriated from such account for fiscal year + 2020, an amount equal to the amount authorized for + appropriation with respect to the program from such account + under the covered laws for fiscal year 2020. + (2) General fund.--There is authorized to be appropriated for + fiscal year 2021, for each program under the covered laws with + respect to which amounts are authorized to be appropriated for + fiscal year 2020 from an account other than the Highway Account or + the Mass Transit Account, an amount that is not less than the + amount authorized for appropriation with respect to the program + under the covered laws for fiscal year 2020. (c) Use of Funds.--Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation @@ -941,130 +935,103 @@ to a limitation on obligations for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020. (e) Definitions.--In this section: - (1) Covered laws.--The term ``covered laws'' means the - following: - (A) Titles I, II, III, IV, V, VI, VII, VIII, XI, - and XXIV of the FAST Act (Public Law 114-94). - (B) Division A, division B, subtitle A of title I - and title II of division C, and division E of MAP-21 - (Public Law 112-141). - (C) Titles I, II, and III of the SAFETEA-LU - Technical Corrections Act of 2008 (Public Law 110-244). - (D) Titles I, II, III, IV, V, and VI of SAFETEA-LU - (Public Law 109-59). - (E) Titles I, II, III, IV, and V of the - Transportation Equity Act for the 21st Century (Public - Law 105-178). - (F) Titles II, III, and IV of the National Highway - System Designation Act of 1995 (Public Law 104-59). - (G) Titles I, II, III, IV, V, and VI of the - Intermodal Surface Transportation Efficiency Act of - 1991 (Public Law 102-240). - (H) Title 23, United States Code. - (I) Sections 116, 117, 330, 5128, 5505, and 24905 - and chapters 53, 139, 303, 311, 313, 701, and 702 of - title 49, United States Code. - (2) Highway account.--The term ``Highway Account'' means - the portion of the Highway Trust Fund that is not the Mass - Transit Account. - (3) Mass transit account.--The term ``Mass Transit - Account'' means the portion of the Highway Trust Fund - established under section 9503(e)(1) of the Internal Revenue - Code of 1986. - + (1) Covered laws.--The term ``covered laws'' means the + following: + (A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV + of the FAST Act (Public Law 114-94). + (B) Division A, division B, subtitle A of title I and title + II of division C, and division E of MAP-21 (Public Law 112- + 141). + (C) Titles I, II, and III of the SAFETEA-LU Technical + Corrections Act of 2008 (Public Law 110-244). + (D) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public + Law 109-59). + (E) Titles I, II, III, IV, and V of the Transportation + Equity Act for the 21st Century (Public Law 105-178). + (F) Titles II, III, and IV of the National Highway System + Designation Act of 1995 (Public Law 104-59). + (G) Titles I, II, III, IV, V, and VI of the Intermodal + Surface Transportation Efficiency Act of 1991 (Public Law 102- + 240). + (H) Title 23, United States Code. + (I) Sections 116, 117, 330, 5128, 5505, and 24905 and + chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, + United States Code. + (2) Highway account.--The term ``Highway Account'' means the + portion of the Highway Trust Fund that is not the Mass Transit + Account. + (3) Mass transit account.--The term ``Mass Transit Account'' + means the portion of the Highway Trust Fund established under + section 9503(e)(1) of the Internal Revenue Code of 1986. SEC. 1102. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS. - Section 117(d)(2)(A) of title 23, United States Code, is amended in the matter preceding clause (i)-- - (1) by striking ``$500,000,000'' and inserting - ``$600,000,000''; and - (2) by striking ``2020'' and inserting ``2021''. - + (1) by striking ``$500,000,000'' and inserting + ``$600,000,000''; and + (2) by striking ``2020'' and inserting ``2021''. SEC. 1103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. - Section 403(h)(2) of title 23, United States Code, is amended-- - (1) by striking ``2020'' and inserting ``2021''; and - (2) by striking ``$21,248,000'' and inserting - ``$26,560,000''. - + (1) by striking ``2020'' and inserting ``2021''; and + (2) by striking ``$21,248,000'' and inserting ``$26,560,000''. SEC. 1104. RAIL-RELATED PROVISIONS. - (a) Federal Funding for Operating Losses.--Section 24321 of title 49, United States Code, is amended-- - (1) by striking subsection (d); and - (2) by redesignating subsection (e) as subsection (d). + (1) by striking subsection (d); and + (2) by redesignating subsection (e) as subsection (d). (b) Direct Loans and Loan Guarantees.--Section 502(b)(3) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is amended by striking ``September 30, 2020'' and inserting ``September 30, 2021''. - SEC. 1105. SUSPENSION FOR EXTENSION PERIOD OF ADJUSTMENTS FOR - ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND. - +ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND. Section 105 of title 23, United States Code, shall not apply to monies deposited into the Highway Trust Fund by this division. - SEC. 1106. PROHIBITION ON USE OF FUNDS. - None of the funds authorized in this division or any other Act may be used to adjust apportionments for the Mass Transit Account of the Highway Trust Fund or withhold funds from apportionments for the Mass Transit Account of the Highway Trust Fund pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 in fiscal year 2021. - SEC. 1107. APPALACHIAN REGIONAL COMMISSION. - (a) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- - (1) in subsection (a)(5) by striking ``2020'' and inserting - ``2021''; and - (2) in subsection (c) by striking ``2020'' and inserting - ``2021''. + (1) in subsection (a)(5) by striking ``2020'' and inserting + ``2021''; and + (2) in subsection (c) by striking ``2020'' and inserting + ``2021''. (b) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2020'' and inserting ``2021''. TITLE II--TRUST FUNDS SEC. 1201. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY. - Section 9503 of the Internal Revenue Code of 1986 is amended-- - (1) by striking ``October 1, 2020'' in subsections - (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, - 2021''; and - (2) by striking ``FAST Act'' in subsections (c)(1) and - (e)(3) and inserting ``Continuing Appropriations Act, 2021 and - Other Extensions Act''. - + (1) by striking ``October 1, 2020'' in subsections (b)(6)(B), + (c)(1), and (e)(3) and inserting ``October 1, 2021''; and + (2) by striking ``FAST Act'' in subsections (c)(1) and (e)(3) + and inserting ``Continuing Appropriations Act, 2021 and Other + Extensions Act''. SEC. 1202. SPORT FISH RESTORATION AND BOATING TRUST FUND. - Section 9504 of the Internal Revenue Code of 1986 is amended-- - (1) by striking ``FAST Act'' each place it appears in - subsection (b)(2) and inserting ``Continuing Appropriations - Act, 2021 and Other Extensions Act''; and - (2) by striking ``October 1, 2020'' in subsection (d)(2) - and inserting ``October 1, 2021''. - + (1) by striking ``FAST Act'' each place it appears in + subsection (b)(2) and inserting ``Continuing Appropriations Act, + 2021 and Other Extensions Act''; and + (2) by striking ``October 1, 2020'' in subsection (d)(2) and + inserting ``October 1, 2021''. SEC. 1203. LEAKING UNDERGROUND STORAGE TANK TRUST FUND. - Section 9508(e)(2) of the Internal Revenue Code of 1986 is amended by striking ``October 1, 2020'' and inserting ``October 1, 2021''. - SEC. 1204. FURTHER ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND. - Subsection (f) of section 9503 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (10) as paragraph (11) and by inserting after paragraph (9) the following new paragraph: - ``(10) Further transfers to trust fund.--Out of money in - the Treasury not otherwise appropriated, there is hereby - appropriated-- - ``(A) $10,400,000,000 to the Highway Account (as - defined in subsection (e)(5)(B)) in the Highway Trust - Fund; and - ``(B) $3,200,000,000 to the Mass Transit Account in - the Highway Trust Fund.''. - + ``(10) Further transfers to trust fund.--Out of money in the + Treasury not otherwise appropriated, there is hereby appropriated-- + ``(A) $10,400,000,000 to the Highway Account (as defined in + subsection (e)(5)(B)) in the Highway Trust Fund; and + ``(B) $3,200,000,000 to the Mass Transit Account in the + Highway Trust Fund.''. SEC. 1205. ADDITIONAL TRANSFER TO TRUST FUND. - Section 9502 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Additional Transfer to Trust Fund.--Out of money in the @@ -1072,34 +1039,32 @@ Treasury not otherwise appropriated, there is hereby appropriated $14,000,000,000 to the Airport and Airway Trust Fund.''. DIVISION C--HEALTH EXTENDERS - TITLE I--PUBLIC HEALTH EXTENDERS SEC. 2101. COMMUNITY HEALTH CENTERS, NATIONAL HEALTH SERVICE CORPS, AND - TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL - EDUCATION PROGRAMS. - +TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION +PROGRAMS. (a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is amended-- - (1) by striking ``$668,493,151'' and inserting - ``$789,041,096''; and - (2) by striking ``November 30, 2020'' and inserting - ``December 11, 2020''. + (1) by striking ``$668,493,151'' and inserting + ``$789,041,096''; and + (2) by striking ``November 30, 2020'' and inserting ``December + 11, 2020''. (b) National Health Service Corps.--Section 10503(b)(2)(H) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H)) is amended-- - (1) by striking ``$51,808,219'' and inserting - ``$61,150,685''; and - (2) by striking ``November 30, 2020'' and inserting - ``December 11, 2020''. + (1) by striking ``$51,808,219'' and inserting ``$61,150,685''; + and + (2) by striking ``November 30, 2020'' and inserting ``December + 11, 2020''. (c) Teaching Health Centers That Operate Graduate Medical Education Programs.--Section 340H(g)(1) of the Public Health Service Act (42 U.S.C. 256h(g)(1)) is amended-- - (1) by striking ``$21,141,096'' and inserting - ``$24,953,425''; and - (2) by striking ``November 30, 2020'' and inserting - ``December 11, 2020''. + (1) by striking ``$21,141,096'' and inserting ``$24,953,425''; + and + (2) by striking ``November 30, 2020'' and inserting ``December + 11, 2020''. (d) Application of Provisions.--Amounts appropriated pursuant to the amendments made by this section for the period beginning on October 1, 2020, through December 11, 2020, shall be subject to the @@ -1108,58 +1073,47 @@ authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254 through 256). (e) Conforming Amendment.--Paragraph (4) of section 3014(h) of title 18, United States Code, is amended-- - (1) by striking ``Social Services Act,,,'' and inserting - ``Social Services Act,''; and - (2) by striking ``and section 3831 of the CARES Act'' and - inserting ``, section 3831 of the CARES Act, and section 2101 - of the Continuing Appropriations Act, 2021 and Other Extensions - Act''. - + (1) by striking ``Social Services Act,,,'' and inserting + ``Social Services Act,''; and + (2) by striking ``and section 3831 of the CARES Act'' and + inserting ``, section 3831 of the CARES Act, and section 2101 of + the Continuing Appropriations Act, 2021 and Other Extensions Act''. SEC. 2102. DIABETES PROGRAMS. - (a) Special Diabetes Programs for Type I Diabetes.--Section 330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c- 2(b)(2)(D)) is amended-- - (1) by striking ``$25,068,493'' and inserting - ``$29,589,042''; and - (2) by striking ``November 30, 2020'' and inserting - ``December 11, 2020''. + (1) by striking ``$25,068,493'' and inserting ``$29,589,042''; + and + (2) by striking ``November 30, 2020'' and inserting ``December + 11, 2020''. (b) Special Diabetes Programs for Indians.--Section 330C(c)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended-- - (1) by striking ``$25,068,493'' and inserting - ``$29,589,042''; and - (2) by striking ``November 30, 2020'' and inserting - ``December 11, 2020''. - + (1) by striking ``$25,068,493'' and inserting ``$29,589,042''; + and + (2) by striking ``November 30, 2020'' and inserting ``December + 11, 2020''. SEC. 2103. PERSONAL RESPONSIBILITY EDUCATION. - Section 513 of the Social Security Act (42 U.S.C. 713) is amended by striking ``November 30, 2020'' each place it appears and inserting ``December 11, 2020''. - SEC. 2104. SEXUAL RISK AVOIDANCE EDUCATION. - Section 510 of the Social Security Act (42 U.S.C. 710) is amended-- - (1) by striking ``November 30, 2020'' each place it appears - and inserting ``December 11, 2020''; - (2) in subsection (a)(2)(B)(i), by striking ``such period, - for fiscal year 2020'' and inserting ``the period described in - subparagraph (A), for fiscal year 2021''; and - (3) in subsection (f)(2), by striking ``and 2019'' and - inserting ``through 2020,''. - + (1) by striking ``November 30, 2020'' each place it appears and + inserting ``December 11, 2020''; + (2) in subsection (a)(2)(B)(i), by striking ``such period, for + fiscal year 2020'' and inserting ``the period described in + subparagraph (A), for fiscal year 2021''; and + (3) in subsection (f)(2), by striking ``and 2019'' and + inserting ``through 2020,''. SEC. 2105. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER EXTENSION. - Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff(b)(5)) is amended-- - (1) by striking ``September 30, 2020'' each place it - appears and inserting ``December 11, 2020''; and - (2) in subparagraph (B), by striking ``September 30, 2022'' - and inserting ``December 11, 2022''. - + (1) by striking ``September 30, 2020'' each place it appears + and inserting ``December 11, 2020''; and + (2) in subparagraph (B), by striking ``September 30, 2022'' and + inserting ``December 11, 2022''. SEC. 2106. AUTHORIZATION TO ACCUMULATE EXCESS ANNUAL LEAVE. - (a) In General.--Notwithstanding section 219 of the Public Health Service Act (42 U.S.C. 210-1), a commissioned officer of the Public Health Service who, except for this section, would lose at the end of @@ -1173,11 +1127,9 @@ terminal leave preceding separation, retirement, or release from active duty, as of the effective date specified in subsection (d). (d) Effective Date.--This section shall become effective on the earlier of-- - (1) the date of the enactment of this Act; or - (2) September 30, 2020. - + (1) the date of the enactment of this Act; or + (2) September 30, 2020. SEC. 2107. HHS SERVICES AND SUPPLY FUND. - Effective as if included in the enactment of the paragraph beginning with ``Service and supply fund:'' under the heading ``Public Health Service'' in the Federal Security Agency Appropriation Act, 1946 @@ -1188,27 +1140,22 @@ central services for any Federal agency. TITLE II--MEDICARE EXTENDERS SEC. 2201. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE - MEDICARE PROGRAM. - +MEDICARE PROGRAM. Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law 116-136), is amended by striking ``December 1, 2020'' and inserting ``December 12, 2020''. - SEC. 2202. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, - AND SELECTION. - +AND SELECTION. Section 1890(d)(2) of the Social Security Act (42 U.S.C. 1395aaa(d)(2)), as amended by section 3802 of the CARES Act (Public Law 116-136), is amended-- - (1) in the first sentence, by striking ``November 30, - 2020'' and inserting ``December 11, 2020''; and - (2) in the third sentence, by striking ``November 30, - 2020'' and inserting ``December 11, 2020''. - + (1) in the first sentence, by striking ``November 30, 2020'' + and inserting ``December 11, 2020''; and + (2) in the third sentence, by striking ``November 30, 2020'' + and inserting ``December 11, 2020''. SEC. 2203. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME - PROGRAMS. - +PROGRAMS. (a) State Health Insurance Programs.--Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the @@ -1220,7 +1167,7 @@ Act of 2014 (Public Law 113-93), section 208 of the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114-10), section 50207 of division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), section 1402 of division B of the Continuing Appropriations Act, 2020, -and Health Extenders Act of 2019 (Public Law 116- 59), section 1402 of +and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of division B of the Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 (Public Law 116-69), section 103 of division N of the Further Consolidated Appropriations Act, 2020 @@ -1241,15 +1188,12 @@ amended in clause (xi) by striking ``November 30, 2020'' and inserting TITLE III--MEDICAID EXTENDERS SEC. 2301. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING - DEMONSTRATION. - +DEMONSTRATION. Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as inserted by section 3811 of the CARES Act (Public Law 116-136), is amended by striking ``November 30, 2020'' and inserting ``December 11, 2020''. - SEC. 2302. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS. - (a) In General.--Section 2404 of the Patient Protection and Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by section 3812 of the CARES Act (Public Law 116-136), is amended by striking @@ -1258,46 +1202,40 @@ Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by section 111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be construed as prohibiting a State from-- - (1) applying an income or resource disregard under a - methodology authorized under section 1902(r)(2) of such Act (42 - U.S.C. 1396a(r)(2))-- - (A) to the income or resources of an individual - described in section 1902(a)(10)(A)(ii)(VI) of such Act - (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a - disregard of the income or resources of such - individual's spouse); or - (B) on the basis of an individual's need for home - and community-based services authorized under - subsection (c), (d), (i), or (k) of section 1915 of - such Act (42 U.S.C. 1396n) or under section 1115 of - such Act (42 U.S.C. 1315); or - (2) disregarding an individual's spousal income and assets - under a plan amendment to provide medical assistance for home - and community-based services for individuals by reason of being - determined eligible under section 1902(a)(10)(C) of such Act - (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of - such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a - reduction of income based on costs incurred for medical or - other remedial care under which the State disregarded the - income and assets of the individual's spouse in determining the - initial and ongoing financial eligibility of an individual for - such services in place of the spousal impoverishment provisions - applied under section 1924 of such Act (42 U.S.C. 1396r-5). - + (1) applying an income or resource disregard under a + methodology authorized under section 1902(r)(2) of such Act (42 + U.S.C. 1396a(r)(2))-- + (A) to the income or resources of an individual described + in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. + 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income + or resources of such individual's spouse); or + (B) on the basis of an individual's need for home and + community-based services authorized under subsection (c), (d), + (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or + under section 1115 of such Act (42 U.S.C. 1315); or + (2) disregarding an individual's spousal income and assets + under a plan amendment to provide medical assistance for home and + community-based services for individuals by reason of being + determined eligible under section 1902(a)(10)(C) of such Act (42 + U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act + (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of + income based on costs incurred for medical or other remedial care + under which the State disregarded the income and assets of the + individual's spouse in determining the initial and ongoing + financial eligibility of an individual for such services in place + of the spousal impoverishment provisions applied under section 1924 + of such Act (42 U.S.C. 1396r-5). SEC. 2303. DELAY OF DSH REDUCTIONS. - Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r- 4(f)(7)(A)), as amended by section 3813 of the CARES Act (Public Law 116-136), is amended-- - (1) in clause (i), in the matter preceding subclause (I), - by striking ``December 1, 2020'' and inserting ``December 12, - 2020''; and - (2) in clause (ii)(I), by striking ``December 1, 2020'' and - inserting ``December 12, 2020''. - + (1) in clause (i), in the matter preceding subclause (I), by + striking ``December 1, 2020'' and inserting ``December 12, 2020''; + and + (2) in clause (ii)(I), by striking ``December 1, 2020'' and + inserting ``December 12, 2020''. SEC. 2304. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION - PROGRAM. - +PROGRAM. Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note), as amended by section 3814 of the CARES Act (Public Law 116-136), is amended by striking ``November 30, 2020'' and @@ -1306,27 +1244,26 @@ inserting ``December 11, 2020''. TITLE IV--MEDICARE PART B PREMIUM ADJUSTMENT SEC. 2401. 2021 MEDICARE PART B PREMIUM AND DEDUCTIBLE. - (a) 2021 Premium and Deductible and Repayment Through Future Premiums.--Section 1839(a) of the Social Security Act (42 U.S.C. 1395r(a)) is amended-- - (1) in the second sentence of paragraph (1), by striking - ``(5) and (6)'' and inserting ``(5), (6), and (7)''; - (2) in paragraph (6)(C)-- - (A) in clause (i), by striking ``section - 1844(d)(1)'' and inserting ``subsections (d)(1) and - (e)(1) of section 1844''; and - (B) in clause (ii), by striking ``paragraph (5)'' - and inserting ``paragraphs (5) and (7)''; and - (3) by adding at the end the following: + (1) in the second sentence of paragraph (1), by striking ``(5) + and (6)'' and inserting ``(5), (6), and (7)''; + (2) in paragraph (6)(C)-- + (A) in clause (i), by striking ``section 1844(d)(1)'' and + inserting ``subsections (d)(1) and (e)(1) of section 1844''; + and + (B) in clause (ii), by striking ``paragraph (5)'' and + inserting ``paragraphs (5) and (7)''; and + (3) by adding at the end the following: ``(7)(A) In applying this part (including subsection (i) and section 1833(b)), the monthly actuarial rate for enrollees age 65 and over for 2021 shall be determined to be equal to the sum of-- - ``(i) the monthly actuarial rate for enrollees age 65 and - over for 2020; plus - ``(ii) 25 percent of the difference between such rate for - 2020 and the preliminary monthly actuarial rate for enrollees - age 65 and over for 2021 (as estimated under subparagraph (B)). + ``(i) the monthly actuarial rate for enrollees age 65 and over + for 2020; plus + ``(ii) 25 percent of the difference between such rate for 2020 + and the preliminary monthly actuarial rate for enrollees age 65 and + over for 2021 (as estimated under subparagraph (B)). ``(B) For purposes of subparagraph (A)(ii), the Secretary shall estimate a preliminary monthly actuarial rate for enrollees age 65 and over for 2021 using the methodology described in paragraph (1) and as @@ -1335,14 +1272,13 @@ shall make the estimate under the previous sentence as if the transfers described in section 1844(f)(1) have been made.''. (b) Transitional Government Contribution.--Section 1844 of the Social Security Act (42 U.S.C. 1395w) is amended-- - (1) in subsection (a), by adding at the end the following - new sentence: ``In applying paragraph (1), the amounts - transferred under subsection (e)(1) with respect to enrollees - described in subparagraphs (A) and (B) of such subsection shall - be treated as premiums payable and deposited in the Trust Fund - under subparagraphs (A) and (B), respectively, of paragraph - (1).''; and - (2) by adding at the end the following: + (1) in subsection (a), by adding at the end the following new + sentence: ``In applying paragraph (1), the amounts transferred + under subsection (e)(1) with respect to enrollees described in + subparagraphs (A) and (B) of such subsection shall be treated as + premiums payable and deposited in the Trust Fund under + subparagraphs (A) and (B), respectively, of paragraph (1).''; and + (2) by adding at the end the following: ``(e)(1) For 2021, there shall be transferred from the General Fund to the Trust Fund an amount, as estimated by the Chief Actuary of the Centers for Medicare & Medicaid Services, equal to the reduction in @@ -1372,11 +1308,10 @@ beginning on the first day of the emergency period described in section paragraph. ``(2) There shall be transferred from the Trust Fund to the General Fund of the Treasury amounts equivalent to the sum of-- - ``(A) the amounts by which claims have offset (in whole or - in part) the amount of such payments described in paragraph - (1); and - ``(B) the amount of such payments that have been repaid (in - whole or in part). + ``(A) the amounts by which claims have offset (in whole or in + part) the amount of such payments described in paragraph (1); and + ``(B) the amount of such payments that have been repaid (in + whole or in part). ``(3) Amounts described in paragraphs (1) and (2) shall be transferred from time to time as appropriate.''. (d) Indentation Correction.--Section 1839(i)(3)(A)(ii) of the @@ -1386,428 +1321,372 @@ the indentation of subclause (I) two ems to the right. TITLE V--ACCELERATED AND ADVANCE PAYMENT PROGRAMS SEC. 2501. MODIFYING ACCELERATED AND ADVANCE PAYMENT PROGRAMS UNDER - PARTS A AND B OF THE MEDICARE PROGRAM DURING THE COVID-19 - EMERGENCY. - +PARTS A AND B OF THE MEDICARE PROGRAM DURING THE COVID-19 EMERGENCY. (a) Special Repayment Rules and Other Modifications.-- - (1) Part a.-- - (A) In general.--Section 1815(f)(2)(C) of the - Social Security Act (42 U.S.C. 1395g(f)(2)(C)) is - amended to read as follows: - ``(C) In the case of a payment made under the terms of the - program under subsection (e)(3), including such program as - expanded pursuant to this subsection, on or after the date of - the enactment of the CARES Act and so made during the emergency - period described in section 1135(g)(1)(B), upon request of a - hospital, the Secretary shall-- - ``(i) provide 1 year before payments for items and - services furnished by the hospital are offset to recoup - payments under such program; - ``(ii) provide that any such offset be an amount - equal to-- - ``(I) during the first 11 months in which - any such offsets are made with respect to - payment for items and services furnished by the - hospital, 25 percent of the amount of such - payment for such items and services; and - ``(II) during the succeeding 6 months, 50 - percent of the amount of such payment for such - items and services; and - ``(iii) allow 29 months from the date of the first - payment under such program to such provider before - requiring that the outstanding balance be paid in - full.''. - (B) Authority for discretion.--Section - 1815(f)(2)(A)(ii) of the Social Security Act (42 U.S.C. - 1395g(f)(2)(A)(ii)) is amended by inserting ``(or, with - respect to requests submitted to the Secretary after - April 26, 2020, may)''after ``shall.''. - (C) Application to other part a providers.-- - (i) In general.--In the case of a payment - made under the terms of an applicable program - (as defined in clause (ii)), on or after the - date of the enactment of the CARES Act (Public - Law 116-136) and so made during the emergency - period described in section 1135(g)(1)(B) of - the Social Security Act (42 U.S.C. 1320b- - 5(g)(1)(B)), upon request of an applicable - provider (as defined in clause (iii)), the - provisions of section 1815(f)(2)(C) of such Act - (42 U.S.C. 1395g(f)(2)(C)), as amended by - subparagraph (A), shall apply with respect to - such payment in the same manner as such - provisions apply with respect to a payment made - under the terms of the program under subsection - (e)(3) of section 1815 of such Act (42 U.S.C. - 1395g), including such program as expanded - pursuant to subsection (f) of such section, on - or after the date of the enactment of the CARES - Act (Public Law 116-136) and so made during - such emergency period. - (ii) Applicable program defined.--In this - clause, the term ``applicable program'' means-- - (I) the programs under sections - 413.64(g), 412.541(f), 412.632(e), - 412.116(f), 413.350(d), or 418.307 of - title 42, Code of Federal Regulations - (or any successor regulations); and - (II) any other comparable program - under part A of title XVIII of the - Social Security Act, as determined by - the Secretary. - (iii) Applicable provider.--In this clause, - the term ``applicable provider'' means a - provider of services that is eligible for - payment under an applicable program. - (2) Part b.-- - (A) In general.--In the case of a payment made - under the terms of the program described in section - 421.214 of title 42, Code of Federal Regulations (or - any successor regulation) on or after the date of the - enactment of the CARES Act (Public Law 116-136) and so - made during the emergency period described in section - 1135(g)(1)(B) of the Social Security Act (42 U.S.C. - 1320b-5(g)(1)(B)), the Secretary of Health and Human - Services shall, upon request of the provider of - services or supplier receiving such payment-- - (i) provide 1 year before payments for - items and services furnished by such provider - or supplier are offset to recoup payments under - such program; - (ii) provide that any such offset be an - amount equal to-- - (I) during the first 11 months in - which any such offsets are made with - respect to payment for items and - services furnished by such provider or - supplier, 25 percent of the amount of - such payment for such items and - services; and - (II) during the succeeding 6 - months, 50 percent of the amount of - such payment for such items and - services; and - (iii) allow 29 months from the date of the - first payment under such program to such - provider or supplier before requiring that the - outstanding balance be paid in full. - (B) Limitation on further part b advance - payments.--With respect to the period of the emergency - period described in section 1135(g)(1)(B) of the Social - Security Act (42 U.S.C. 1320b-5(g)(1)(B)) beginning on - the date of the enactment of this Act, the total amount - of payments made under the terms of the program - described in section 421.214 of title 42, Code of - Federal Regulations (or any successor regulation)-- - (i) for the portion of 2020 occurring - during such period of the emergency period and - for each year, shall not exceed $10,000,000; - (ii) for each year beginning and ending - during such period of the emergency period, - shall not exceed $10,000,000; and - (iii) for the last year beginning during - such period of the emergency period, the - portion of such last year occurring during such - period of the emergency period, shall not - exceed $10,000,000. + (1) Part a.-- + (A) In general.--Section 1815(f)(2)(C) of the Social + Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended to read as + follows: + ``(C) In the case of a payment made under the terms of the + program under subsection (e)(3), including such program as expanded + pursuant to this subsection, on or after the date of the enactment + of the CARES Act and so made during the emergency period described + in section 1135(g)(1)(B), upon request of a hospital, the Secretary + shall-- + ``(i) provide 1 year before payments for items and services + furnished by the hospital are offset to recoup payments under + such program; + ``(ii) provide that any such offset be an amount equal to-- + ``(I) during the first 11 months in which any such + offsets are made with respect to payment for items and + services furnished by the hospital, 25 percent of the + amount of such payment for such items and services; and + ``(II) during the succeeding 6 months, 50 percent of + the amount of such payment for such items and services; and + ``(iii) allow 29 months from the date of the first payment + under such program to such provider before requiring that the + outstanding balance be paid in full.''. + (B) Authority for discretion.--Section 1815(f)(2)(A)(ii) of + the Social Security Act (42 U.S.C. 1395g(f)(2)(A)(ii)) is + amended by inserting ``(or, with respect to requests submitted + to the Secretary after April 26, 2020, may)'' after ``shall.''. + (C) Application to other part a providers.-- + (i) In general.--In the case of a payment made under + the terms of an applicable program (as defined in clause + (ii)), on or after the date of the enactment of the CARES + Act (Public Law 116-136) and so made during the emergency + period described in section 1135(g)(1)(B) of the Social + Security Act (42 U.S.C. 1320b-5(g)(1)(B)), upon request of + an applicable provider (as defined in clause (iii)), the + provisions of section 1815(f)(2)(C) of such Act (42 U.S.C. + 1395g(f)(2)(C)), as amended by subparagraph (A), shall + apply with respect to such payment in the same manner as + such provisions apply with respect to a payment made under + the terms of the program under subsection (e)(3) of section + 1815 of such Act (42 U.S.C. 1395g), including such program + as expanded pursuant to subsection (f) of such section, on + or after the date of the enactment of the CARES Act (Public + Law 116-136) and so made during such emergency period. + (ii) Applicable program defined.--In this clause, the + term ``applicable program'' means-- + + (I) the programs under sections 413.64(g), + 412.541(f), 412.632(e), 412.116(f), 413.350(d), or + 418.307 of title 42, Code of Federal Regulations (or + any successor regulations); and + (II) any other comparable program under part A of + title XVIII of the Social Security Act, as determined + by the Secretary. + + (iii) Applicable provider.--In this clause, the term + ``applicable provider'' means a provider of services that + is eligible for payment under an applicable program. + (2) Part b.-- + (A) In general.--In the case of a payment made under the + terms of the program described in section 421.214 of title 42, + Code of Federal Regulations (or any successor regulation) on or + after the date of the enactment of the CARES Act (Public Law + 116-136) and so made during the emergency period described in + section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. + 1320b-5(g)(1)(B)), the Secretary of Health and Human Services + shall, upon request of the provider of services or supplier + receiving such payment-- + (i) provide 1 year before payments for items and + services furnished by such provider or supplier are offset + to recoup payments under such program; + (ii) provide that any such offset be an amount equal + to-- + + (I) during the first 11 months in which any such + offsets are made with respect to payment for items and + services furnished by such provider or supplier, 25 + percent of the amount of such payment for such items + and services; and + (II) during the succeeding 6 months, 50 percent of + the amount of such payment for such items and services; + and + + (iii) allow 29 months from the date of the first + payment under such program to such provider or supplier + before requiring that the outstanding balance be paid in + full. + (B) Limitation on further part b advance payments.--With + respect to the period of the emergency period described in + section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. + 1320b-5(g)(1)(B)) beginning on the date of the enactment of + this Act, the total amount of payments made under the terms of + the program described in section 421.214 of title 42, Code of + Federal Regulations (or any successor regulation)-- + (i) for the portion of 2020 occurring during such + period of the emergency period and for each year, shall not + exceed $10,000,000; + (ii) for each year beginning and ending during such + period of the emergency period, shall not exceed + $10,000,000; and + (iii) for the last year beginning during such period of + the emergency period, the portion of such last year + occurring during such period of the emergency period, shall + not exceed $10,000,000. (b) Interest Rates.-- - (1) Part a.-- - (A) In general.--Section 1815(d) of the Social - Security Act (42 U.S.C. 1395g(d)) is amended by - inserting before the period at the end the following: - ``(or, in the case of such a determination made with - respect to a payment made on or after the date of the - enactment of the CARES Act and during the emergency - period described in section 1135(g)(1)(B) under the - program under subsection (e)(3), including such program - as expanded pursuant to subsection (f), at a rate of 4 - percent)''. - (B) Application to other part a providers.--In the - case of a determination under section 1815(d) of the - Social Security Act (42 U.S.C. 1395g(d)) with respect - to a payment made on or after the date of the enactment - of the CARES Act (Public Law 116-136) and during the - emergency period described in section 1135(g)(1)(B) of - the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) - under an applicable program (as defined in subsection - (a)(1)(C)(ii)), the amendment made by subparagraph (A) - shall apply with respect to such determination in the - same manner as such amendment applies with respect to a - payment made on or after the date of the enactment of - the CARES Act (Public Law 116-136) and during such - emergency period under the program under subsection - (e)(3) of section 1815 of such Act (42 U.S.C. 1395g), - including such program as expanded pursuant to - subsection (f) of such section. - (2) Part b.--Section 1833(j) of the Social Security Act (42 - U.S.C. 1395l(j)) is amended by inserting before the period at - the end the following: ``(or, in the case of such a + (1) Part a.-- + (A) In general.--Section 1815(d) of the Social Security Act + (42 U.S.C. 1395g(d)) is amended by inserting before the period + at the end the following: ``(or, in the case of such a determination made with respect to a payment made on or after the date of the enactment of the CARES Act and during the emergency period described in section 1135(g)(1)(B) under the - program described in section 421.214 of title 42, Code of - Federal Regulations (or any successor regulation), at a rate of - 4 percent)''. + program under subsection (e)(3), including such program as + expanded pursuant to subsection (f), at a rate of 4 percent)''. + (B) Application to other part a providers.--In the case of + a determination under section 1815(d) of the Social Security + Act (42 U.S.C. 1395g(d)) with respect to a payment made on or + after the date of the enactment of the CARES Act (Public Law + 116-136) and during the emergency period described in section + 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b- + 5(g)(1)(B)) under an applicable program (as defined in + subsection (a)(1)(C)(ii)), the amendment made by subparagraph + (A) shall apply with respect to such determination in the same + manner as such amendment applies with respect to a payment made + on or after the date of the enactment of the CARES Act (Public + Law 116-136) and during such emergency period under the program + under subsection (e)(3) of section 1815 of such Act (42 U.S.C. + 1395g), including such program as expanded pursuant to + subsection (f) of such section. + (2) Part b.--Section 1833(j) of the Social Security Act (42 + U.S.C. 1395l(j)) is amended by inserting before the period at the + end the following: ``(or, in the case of such a determination made + with respect to a payment made on or after the date of the + enactment of the CARES Act and during the emergency period + described in section 1135(g)(1)(B) under the program described in + section 421.214 of title 42, Code of Federal Regulations (or any + successor regulation), at a rate of 4 percent)''. (c) Publication of Data.-- - (1) Data during covid-19 emergency.-- - (A) Initial publication.--Not later than 2 weeks - after the date of the enactment of this section, the - Secretary shall post on the public website of the - Centers for Medicare & Medicaid Services data that - includes the following information with respect to - specified payments (as defined in paragraph (3)(E)) - made as of such date and for which data is available: - (i) The total amount of such payments made - under each applicable payment program (as - defined in paragraph (3)(A)), including a - specification of the percentage of such - payments so made from the Federal Hospital - Insurance Trust Fund established under section - 1817 of the Social Security Act (42 U.S.C. - 1395i) and the percentage of such payments so - made from the Federal Supplementary Insurance - Trust Fund established under section 1841 of - such Act (42 U.S.C. 1395t) under each such - program. - (ii) The amount of specified payments made - under each such program by type of provider of - services or supplier receiving such payments. - (iii) The Centers for Medicare & Medicaid - Services certification number or other - appropriate number of, and the amount of such - payments received by, each provider of services - and supplier receiving such payments. - (B) Interim publication.--Every 2 weeks thereafter - during the emergency period, if any specified payments - are made that were not included in a preceding - publication of data under this paragraph, the Secretary - shall post on the website described in subparagraph (A) - data containing the information described in clauses - (i), (ii), and (iii) of such subparagraph with respect - to such specified payments. - (2) Additional publications.--Not later than 15 months + (1) Data during covid-19 emergency.-- + (A) Initial publication.--Not later than 2 weeks after the + date of the enactment of this section, the Secretary shall post + on the public website of the Centers for Medicare & Medicaid + Services data that includes the following information with + respect to specified payments (as defined in paragraph (3)(E)) + made as of such date and for which data is available: + (i) The total amount of such payments made under each + applicable payment program (as defined in paragraph + (3)(A)), including a specification of the percentage of + such payments so made from the Federal Hospital Insurance + Trust Fund established under section 1817 of the Social + Security Act (42 U.S.C. 1395i) and the percentage of such + payments so made from the Federal Supplementary Insurance + Trust Fund established under section 1841 of such Act (42 + U.S.C. 1395t) under each such program. + (ii) The amount of specified payments made under each + such program by type of provider of services or supplier + receiving such payments. + (iii) The Centers for Medicare & Medicaid Services + certification number or other appropriate number of, and + the amount of such payments received by, each provider of + services and supplier receiving such payments. + (B) Interim publication.--Every 2 weeks thereafter during + the emergency period, if any specified payments are made that + were not included in a preceding publication of data under this + paragraph, the Secretary shall post on the website described in + subparagraph (A) data containing the information described in + clauses (i), (ii), and (iii) of such subparagraph with respect + to such specified payments. + (2) Additional publications.--Not later than 15 months after + the date of the enactment of the CARES Act (Public Law 116-136), + and every 6 months thereafter until all specified payments have + been recouped or repaid, the Secretary shall post on the website + described in paragraph (1)(A) data that includes the following: + (A) The total amount of all specified payments not recouped + or repaid under each applicable payment program. + (B) The amount of payments made under each such program and + not recouped or repaid by type of provider of services or + supplier. + (C) The total amount of specified payments that have been + recouped or repaid under each such program, including a + specification of the percentage of such payments so recouped or + repaid that have been deposited into the Federal Hospital + Insurance Trust Fund and the percentage of such payments so + recouped or repaid that have been deposited into the Federal + Supplementary Insurance Trust Fund under each such program. + (D) The dollar amount of interest that has been collected + with respect to all specified payments under each such program. + (3) Definitions.--In this subsection: + (A) Applicable payment program.--The term ``applicable + payment program'' means-- + (i) the program under subsection (e)(3) of section 1815 + of the Social Security Act (42 U.S.C. 1395g), including + such program as expanded under subsection (f) of such + section; + (ii) an applicable program (as defined in subsection + (a)(1)(C)(ii) of this section); and + (iii) the program described in section 421.214 of title + 42, Code of Federal Regulations (or any successor + regulation). + (B) Emergency period.--The term ``emergency period'' means + the emergency period described in section 1135(g)(1)(B) of the + Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). + (C) Provider of services and supplier.--The terms + ``provider of services'' and ``supplier'' have the meaning + given such terms in subsections (u) and (d), respectively, of + section 1861 of such Act (42 U.S.C. 1395x). + (D) Secretary.--The term ``Secretary'' means the Secretary + of Health and Human Services. + (E) Specified payments.--The term ``specified payments'' + means payments made under an applicable payment program on or after the date of the enactment of the CARES Act (Public Law - 116-136), and every 6 months thereafter until all specified - payments have been recouped or repaid, the Secretary shall post - on the website described in paragraph (1)(A) data that includes - the following: - (A) The total amount of all specified payments not - recouped or repaid under each applicable payment - program. - (B) The amount of payments made under each such - program and not recouped or repaid by type of provider - of services or supplier. - (C) The total amount of specified payments that - have been recouped or repaid under each such program, - including a specification of the percentage of such - payments so recouped or repaid that have been deposited - into the Federal Hospital Insurance Trust Fund and the - percentage of such payments so recouped or repaid that - have been deposited into the Federal Supplementary - Insurance Trust Fund under each such program. - (D) The dollar amount of interest that has been - collected with respect to all specified payments under - each such program. - (3) Definitions.--In this subsection: - (A) Applicable payment program.--The term - ``applicable payment program'' means-- - (i) the program under subsection (e)(3) of - section 1815 of the Social Security Act (42 - U.S.C. 1395g), including such program as - expanded under subsection (f) of such section; - (ii) an applicable program (as defined in - subsection (a)(1)(C)(ii) of this section); and - (iii) the program described in section - 421.214 of title 42, Code of Federal - Regulations (or any successor regulation). - (B) Emergency period.--The term ``emergency - period'' means the emergency period described in - section 1135(g)(1)(B) of the Social Security Act (42 - U.S.C. 1320b-5(g)(1)(B)). - (C) Provider of services and supplier.--The terms - ``provider of services'' and ``supplier'' have the - meaning given such terms in subsections (u) and (d), - respectively, of section 1861 of such Act (42 U.S.C. - 1395x). - (D) Secretary.--The term ``Secretary'' means the - Secretary of Health and Human Services. - (E) Specified payments.--The term ``specified - payments'' means payments made under an applicable - payment program on or after the date of the enactment - of the CARES Act (Public Law 116-136) during the - emergency period. + 116-136) during the emergency period. TITLE VI--OFFSETS SEC. 2601. INCLUSION IN THE MEDICAID DRUG REBATE PROGRAM OF COVERED - OUTPATIENT DRUGS USED FOR MEDICATION-ASSISTED TREATMENT. - +OUTPATIENT DRUGS USED FOR MEDICATION-ASSISTED TREATMENT. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- - (1) in paragraph (29) of subsection (a)-- - (A) by moving the margin of such paragraph 2 ems to - the right; and - (B) by striking ``subject to paragraph (2)'' and - inserting ``subject to paragraphs (2) and (3)''; and - (2) in subsection (ee), by adding at the end the following: - ``(3) Application of rebate requirements.--The requirements - of section 1927 shall apply to any drug or biological product - described in paragraph (1)(A) that is-- - ``(A) furnished as medical assistance in accordance - with subsection (a)(29) and section 1902(a)(10)(A); and - ``(B) a covered outpatient drug (as defined in - section 1927(k), except that, in applying paragraph - (2)(A) of such section to a drug described in paragraph - (1)(A), such drug shall be deemed a prescribed drug for - purposes of subsection (a)(12)).''. + (1) in paragraph (29) of subsection (a)-- + (A) by moving the margin of such paragraph 2 ems to the + right; and + (B) by striking ``subject to paragraph (2)'' and inserting + ``subject to paragraphs (2) and (3)''; and + (2) in subsection (ee), by adding at the end the following: + ``(3) Application of rebate requirements.--The requirements of + section 1927 shall apply to any drug or biological product + described in paragraph (1)(A) that is-- + ``(A) furnished as medical assistance in accordance with + subsection (a)(29) and section 1902(a)(10)(A); and + ``(B) a covered outpatient drug (as defined in section + 1927(k), except that, in applying paragraph (2)(A) of such + section to a drug described in paragraph (1)(A), such drug + shall be deemed a prescribed drug for purposes of subsection + (a)(12)).''. (b) Conforming Amendment.--Section 1927(d)(7) of the Social Security Act (42 U.S.C. 1396r-8(d)(7)) is amended by adding at the end the following new subparagraph: - ``(D) Drugs and biological products described in - subsection (ee)(1)(A) of section 1905 that are - furnished as medical assistance in accordance with - subsection (a)(29) of such section and section - 1902(a)(10)(A).''. + ``(D) Drugs and biological products described in subsection + (ee)(1)(A) of section 1905 that are furnished as medical + assistance in accordance with subsection (a)(29) of such + section and section 1902(a)(10)(A).''. (c) Retroactive Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 1006(b) of the SUPPORT for Patients and Communities Act (Public Law 115-271; 132 Stat. 3914). - SEC. 2602. MEDICAID IMPROVEMENT FUND. - Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)) is amended-- - (1) in paragraph (1), by striking ``2021'' and inserting - ``2023''; and - (2) in paragraph (3)(A), by striking ``$1,960,000,000'' and - inserting ``$3,446,000,000''. + (1) in paragraph (1), by striking ``2021'' and inserting + ``2023''; and + (2) in paragraph (3)(A), by striking ``$1,960,000,000'' and + inserting ``$3,446,000,000''. DIVISION D--OTHER MATTERS - TITLE I--EMERGENCY STOPGAP USCIS STABILIZATION ACT SEC. 4101. SHORT TITLE. - This title may be cited as the ``Emergency Stopgap USCIS Stabilization Act''. - SECTION 4102. EXPANSION OF PREMIUM PROCESSING. - (a) In General.--Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) is amended to read as follows: ``(u) Premium Fee for Certain Immigration Benefit Types.-- - ``(1) In general.--The Secretary of Homeland Security is - authorized to establish and collect a premium fee for the - immigration benefit types described in paragraph (2). Such fee - shall be paid in addition to any other fees authorized by law, - deposited as offsetting receipts in the Immigration - Examinations Fee Account established under subsection (m), and - used for the purposes described in paragraph (4). - ``(2) Immigration benefit types.--Subject to reasonable - conditions or limitations, the Secretary shall establish a - premium fee under paragraph (1) in connection with-- - ``(A) employment-based nonimmigrant petitions and - associated applications for dependents of the - beneficiaries of such petitions; - ``(B) employment-based immigrant petitions filed by - or on behalf of aliens described in paragraph (1), (2), - or (3) of section 203(b); - ``(C) applications to change or extend nonimmigrant - status; - ``(D) applications for employment authorization; - and - ``(E) any other immigration benefit type that the - Secretary deems appropriate for premium processing. - ``(3) Amount of fee.-- - ``(A) In general.--Subject to subparagraph (C), - with respect to an immigration benefit type designated - for premium processing by the Secretary on or before - August 1, 2020, the premium fee shall be $2,500, except - that the premium fee for a petition for classification - of a nonimmigrant described in subparagraph (H)(ii)(b) - or (R) of section 101(a)(15) shall be $1,500. - ``(B) Other immigration benefit types.--With - respect to an immigration benefit type designated for - premium processing but not described in subparagraph - (A), the initial premium fee shall be established by - regulation, which shall include a detailed methodology - supporting the proposed premium fee amount. - ``(C) Biennial adjustment.--The Secretary may - adjust a premium fee under subparagraph (A) or (B) on a - biennial basis by the percentage (if any) by which the - Consumer Price Index for All Urban Consumers for the - month of June preceding the date on which such - adjustment takes effect exceeds the Consumer Price - Index for All Urban Consumers for the same month of the - second preceding calendar year. The provisions of - section 553 of title 5, United States Code, shall not - apply to an adjustment authorized under this - subparagraph. - ``(4) Use of fee.--Fees collected under this subsection may - only be used by U.S. Citizenship and Immigration Services to-- - ``(A) provide the services described in paragraph - (5) to premium processing requestors; - ``(B) make infrastructure improvements in - adjudications processes and the provision of - information and services to immigration and - naturalization benefit requestors; - ``(C) respond to adjudication demands, including by - reducing the number of pending immigration and - naturalization benefit requests; and - ``(D) otherwise offset the cost of providing - adjudication and naturalization services. - ``(5) Premium processing services.--The Secretary-- - ``(A) may suspend the availability of premium - processing for designated immigration benefit requests - only if circumstances prevent the completion of - processing of a significant number of such requests - within the required period; and - ``(B) shall ensure that premium processing - requestors have direct and reliable access to current - case status information as well as the ability to - communicate with the premium processing units at each - service center or office that provides premium - processing services.''. + ``(1) In general.--The Secretary of Homeland Security is + authorized to establish and collect a premium fee for the + immigration benefit types described in paragraph (2). Such fee + shall be paid in addition to any other fees authorized by law, + deposited as offsetting receipts in the Immigration Examinations + Fee Account established under subsection (m), and used for the + purposes described in paragraph (4). + ``(2) Immigration benefit types.--Subject to reasonable + conditions or limitations, the Secretary shall establish a premium + fee under paragraph (1) in connection with-- + ``(A) employment-based nonimmigrant petitions and + associated applications for dependents of the beneficiaries of + such petitions; + ``(B) employment-based immigrant petitions filed by or on + behalf of aliens described in paragraph (1), (2), or (3) of + section 203(b); + ``(C) applications to change or extend nonimmigrant status; + ``(D) applications for employment authorization; and + ``(E) any other immigration benefit type that the Secretary + deems appropriate for premium processing. + ``(3) Amount of fee.-- + ``(A) In general.--Subject to subparagraph (C), with + respect to an immigration benefit type designated for premium + processing by the Secretary on or before August 1, 2020, the + premium fee shall be $2,500, except that the premium fee for a + petition for classification of a nonimmigrant described in + subparagraph (H)(ii)(b) or (R) of section 101(a)(15) shall be + $1,500. + ``(B) Other immigration benefit types.--With respect to an + immigration benefit type designated for premium processing but + not described in subparagraph (A), the initial premium fee + shall be established by regulation, which shall include a + detailed methodology supporting the proposed premium fee + amount. + ``(C) Biennial adjustment.--The Secretary may adjust a + premium fee under subparagraph (A) or (B) on a biennial basis + by the percentage (if any) by which the Consumer Price Index + for All Urban Consumers for the month of June preceding the + date on which such adjustment takes effect exceeds the Consumer + Price Index for All Urban Consumers for the same month of the + second preceding calendar year. The provisions of section 553 + of title 5, United States Code, shall not apply to an + adjustment authorized under this subparagraph. + ``(4) Use of fee.--Fees collected under this subsection may + only be used by U.S. Citizenship and Immigration Services to-- + ``(A) provide the services described in paragraph (5) to + premium processing requestors; + ``(B) make infrastructure improvements in adjudications + processes and the provision of information and services to + immigration and naturalization benefit requestors; + ``(C) respond to adjudication demands, including by + reducing the number of pending immigration and naturalization + benefit requests; and + ``(D) otherwise offset the cost of providing adjudication + and naturalization services. + ``(5) Premium processing services.--The Secretary-- + ``(A) may suspend the availability of premium processing + for designated immigration benefit requests only if + circumstances prevent the completion of processing of a + significant number of such requests within the required period; + and + ``(B) shall ensure that premium processing requestors have + direct and reliable access to current case status information + as well as the ability to communicate with the premium + processing units at each service center or office that provides + premium processing services.''. (b) Expansion to New Benefit Requests.-- - (1) In general.--Notwithstanding the requirement to set a - fee by regulation under section 286(u)(3)(B) of the Immigration - and Nationality Act (8 U.S.C. 1356(u)(3)(B)), as amended by - subsection (a), the Secretary of Homeland Security may set a - fee under that section without regard to the provisions of - section 553 of title 5, United States Code, if such fee is - consistent with the following: - (A) For a petition for classification under section - 203(b)(1)(C) of the Immigration and Nationality Act (8 - U.S.C. 1153(b)(1)(C)), or a petition for classification - under section 203(b)(2) involving a waiver under - section 203(b)(2)(B) of such Act, the fee is set at an - amount not greater than $2,500 and the required - processing timeframe is not greater than 45 days. - (B) For an application under section 248 of the - Immigration and Nationality Act (8 U.S.C. 1258) to - change status to a classification described in - subparagraph (F), (J), or (M) of section 101(a)(15) of - such Act (8 U.S.C. 1101(a)(15)), the fee is set at an - amount not greater than $1,750 and the required - processing timeframe is not greater than 30 days. - (C) For an application under section 248 of the - Immigration and Nationality Act (8 U.S.C. 1258) to - change status to be classified as a dependent of a - nonimmigrant described in subparagraph (E), (H), (L), - (O), (P), or (R) of section 101(a)(15) of such Act (8 - U.S.C. 1101(a)(15)), or to extend such classification, - the fee is set at an amount not greater than $1,750 and - the required processing timeframe is not greater than - 30 days. - (D) For an application for employment - authorization, the fee is set at an amount not greater - than $1,500 and the required processing timeframe is - not greater than 30 days. - (2) Clarification.--The required processing timeframe for - each of the applications and petitions described in paragraph - (1) shall not commence until the date that all prerequisites - for adjudication are received by the Secretary of Homeland - Security. + (1) In general.--Notwithstanding the requirement to set a fee + by regulation under section 286(u)(3)(B) of the Immigration and + Nationality Act (8 U.S.C. 1356(u)(3)(B)), as amended by subsection + (a), the Secretary of Homeland Security may set a fee under that + section without regard to the provisions of section 553 of title 5, + United States Code, if such fee is consistent with the following: + (A) For a petition for classification under section + 203(b)(1)(C) of the Immigration and Nationality Act (8 U.S.C. + 1153(b)(1)(C)), or a petition for classification under section + 203(b)(2) involving a waiver under section 203(b)(2)(B) of such + Act, the fee is set at an amount not greater than $2,500 and + the required processing timeframe is not greater than 45 days. + (B) For an application under section 248 of the Immigration + and Nationality Act (8 U.S.C. 1258) to change status to a + classification described in subparagraph (F), (J), or (M) of + section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), the fee + is set at an amount not greater than $1,750 and the required + processing timeframe is not greater than 30 days. + (C) For an application under section 248 of the Immigration + and Nationality Act (8 U.S.C. 1258) to change status to be + classified as a dependent of a nonimmigrant described in + subparagraph (E), (H), (L), (O), (P), or (R) of section + 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), or to extend + such classification, the fee is set at an amount not greater + than $1,750 and the required processing timeframe is not + greater than 30 days. + (D) For an application for employment authorization, the + fee is set at an amount not greater than $1,500 and the + required processing timeframe is not greater than 30 days. + (2) Clarification.--The required processing timeframe for each + of the applications and petitions described in paragraph (1) shall + not commence until the date that all prerequisites for adjudication + are received by the Secretary of Homeland Security. (c) Other Benefit Requests.--In implementing the amendments made by subsection (a), the Secretary of Homeland Security shall develop and implement processes to ensure that the availability of premium @@ -1816,59 +1695,51 @@ requests, does not result in an increase in processing times for immigration benefit requests not designated for premium processing or an increase in regular processing of immigration benefit requests so designated. - SEC. 4103. REPORTING REQUIREMENTS. - (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide to the appropriate Committees a 5-year plan, including projected cost estimates, procurement strategies, and a project schedule with milestones, to accomplish each of the following: - (1) Establish electronic filing procedures for all - applications and petitions for immigration benefits. - (2) Accept electronic payment of fees at all filing - locations. - (3) Issue correspondence, including decisions, requests for - evidence, and notices of intent to deny, to immigration benefit - requestors electronically. - (4) Improve processing times for all immigration and - naturalization benefit requests. + (1) Establish electronic filing procedures for all applications + and petitions for immigration benefits. + (2) Accept electronic payment of fees at all filing locations. + (3) Issue correspondence, including decisions, requests for + evidence, and notices of intent to deny, to immigration benefit + requestors electronically. + (4) Improve processing times for all immigration and + naturalization benefit requests. (b) Semi-annual Briefings.--Not later than 180 days after submission of the plan described in subsection (a), and on a semi- annual basis thereafter, the Secretary shall advise the appropriate Committees on the implementation status of such plan. (c) Appropriate Committees Defined.--In this section, the term ``appropriate Committees'' means-- - (1) the Committee on Appropriations, the Committee on the - Judiciary, and the Committee on Homeland Security of the House - of Representatives; and - (2) the Committee on Appropriations, the Committee on the - Judiciary, and the Committee on Homeland Security and - Governmental Affairs of the Senate. + (1) the Committee on Appropriations, the Committee on the + Judiciary, and the Committee on Homeland Security of the House of + Representatives; and + (2) the Committee on Appropriations, the Committee on the + Judiciary, and the Committee on Homeland Security and Governmental + Affairs of the Senate. TITLE II--UNITED STATES PAROLE COMMISSION EXTENSION SEC. 4201. SHORT TITLE. - This title may be cited as the ``United States Parole Commission Extension Act of 2020''. - SEC. 4202. AMENDMENT OF SENTENCING REFORM ACT OF 1984. - For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ``33 years'' or ``33-year period'' shall be deemed a reference to ``35 years'' or ``35-year period'', respectively. - SEC. 4203. PAROLE COMMISSION REPORT. - Section 3 of the United States Parole Commission Extension Act of 2018 (Public Law 115-274) is amended-- - (1) in subsection (b), by striking ``2021'' and inserting - ``2022''; and - (2) by adding at the end the following: + (1) in subsection (b), by striking ``2021'' and inserting + ``2022''; and + (2) by adding at the end the following: ``(d) District of Columbia Report for Succeeding Fiscal Years.--For each of fiscal years 2021 through 2022, not later than 90 days after the end of the fiscal year, the United States Parole Commission shall @@ -1880,84 +1751,71 @@ TITLE III--ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REFORM PERMANENT EXTENSION ACT SEC. 4301. SHORT TITLE. - This title may be cited as the ``Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act''. - SEC. 4302. FINDINGS; PURPOSE. - (a) Findings.--Congress finds the following: - (1) Conspiracies among competitors to fix prices, rig bids, - and allocate markets are categorically and irredeemably - anticompetitive and contravene the competition policy of the - United States. - (2) Cooperation incentives are important to the efforts of - the Antitrust Division of the Department of Justice to - prosecute and deter the offenses described in paragraph (1). + (1) Conspiracies among competitors to fix prices, rig bids, and + allocate markets are categorically and irredeemably anticompetitive + and contravene the competition policy of the United States. + (2) Cooperation incentives are important to the efforts of the + Antitrust Division of the Department of Justice to prosecute and + deter the offenses described in paragraph (1). (b) Purpose.--The purpose of this Act, and the amendments made by this Act, is to strengthen public and private antitrust enforcement by providing incentives for antitrust violators to cooperate fully with government prosecutors and private litigants through the repeal of the sunset provision of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note). - SEC. 4303. REPEAL OF SUNSET PROVISION. - (a) Repeal.--Section 211 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is repealed. (b) Technical and Conforming Amendments.-- - (1) Revival and restoration.-- - (A) In general.--Sections 212, 213, and 214 of the - Antitrust Criminal Penalty Enhancement and Reform Act - of 2004 (15 U.S.C. 1 note) as in effect on June 21, - 2020, and as amended by the laws described in - subparagraph (B), are revived and restored. - (B) Laws.--The laws described in this subparagraph - are: - (i) Antitrust Criminal Penalty Enhancement - and Reform Act of 2004 Extension Act (Public - Law 111-30; 123 Stat. 1775). - (ii) The Act entitled ``An Act to amend the - Antitrust Criminal Penalty Enhancement and - Reform Act of 2004 to extend the operation of - such Act, and for other purposes'', approved - June 9, 2010 (Public Law 111-90; 124 Stat. - 1275). - (2) Definitions.--Section 212 of the Antitrust Criminal - Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) - is amended-- - (A) by striking paragraph (6); and - (B) by redesignating paragraph (7) as paragraph - (6). - (c) Applicability.-- - (1) Markers and agreements before sunset.--Notwithstanding - the repeal under subsection (a), section 211(b) of the + (1) Revival and restoration.-- + (A) In general.--Sections 212, 213, and 214 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 - (15 U.S.C. 1 note), as in effect on the day before the date of - enactment of this Act, shall continue to apply to any person - who received a marker or entered into an antitrust leniency - agreement on or before June 22, 2020. - (2) Markers and agreements after sunset.--The repeal under - subsection (a) shall apply to any person who received a marker - or entered into an antitrust leniency agreement on or after - June 23, 2020. + (15 U.S.C. 1 note) as in effect on June 21, 2020, and as + amended by the laws described in subparagraph (B), are revived + and restored. + (B) Laws.--The laws described in this subparagraph are: + (i) Antitrust Criminal Penalty Enhancement and Reform + Act of 2004 Extension Act (Public Law 111-30; 123 Stat. + 1775). + (ii) The Act entitled ``An Act to amend the Antitrust + Criminal Penalty Enhancement and Reform Act of 2004 to + extend the operation of such Act, and for other purposes'', + approved June 9, 2010 (Public Law 111-90; 124 Stat. 1275). + (2) Definitions.--Section 212 of the Antitrust Criminal Penalty + Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is amended-- + (A) by striking paragraph (6); and + (B) by redesignating paragraph (7) as paragraph (6). + (c) Applicability.-- + (1) Markers and agreements before sunset.--Notwithstanding the + repeal under subsection (a), section 211(b) of the Antitrust + Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 + note), as in effect on the day before the date of enactment of this + Act, shall continue to apply to any person who received a marker or + entered into an antitrust leniency agreement on or before June 22, + 2020. + (2) Markers and agreements after sunset.--The repeal under + subsection (a) shall apply to any person who received a marker or + entered into an antitrust leniency agreement on or after June 23, + 2020. TITLE IV--COMMUNITY SERVICES AND SUPPORTS SEC. 4401. HEAD START DESIGNATION RENEWAL SYSTEM. - Notwithstanding section 638 of the Head Start Act (42 U.S.C. 9833), if the Secretary of Health and Human Services-- - (1) is required to make a determination under paragraph (6) - of section 641(c) of such Act (42 U.S.C. 9836a(c)) whether to - renew the designation of a Head Start agency for which such - determination under the schedule developed pursuant to - paragraph (9)(C) of such section 641(c) is required to be made - before December 31, 2020; and - (2) cannot make such determination in accordance with such - schedule because the Secretary lacks any information described - in any of subparagraphs (A) through (E) of section 641(c)(1) of - such Act required for the purpose of making such determination; + (1) is required to make a determination under paragraph (6) of + section 641(c) of such Act (42 U.S.C. 9836a(c)) whether to renew + the designation of a Head Start agency for which such determination + under the schedule developed pursuant to paragraph (9)(C) of such + section 641(c) is required to be made before December 31, 2020; and + (2) cannot make such determination in accordance with such + schedule because the Secretary lacks any information described in + any of subparagraphs (A) through (E) of section 641(c)(1) of such + Act required for the purpose of making such determination; then before December 31, 2020, the Secretary shall extend for not more than 2 years the 5-year period otherwise applicable to the designation of such Head Start agency under such Act. @@ -1965,7 +1823,6 @@ of such Head Start agency under such Act. TITLE V--BUDGETARY EFFECTS SEC. 4501. BUDGETARY EFFECTS. - (a) Statutory PAYGO Scorecards.--The budgetary effects of division B and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As- @@ -1980,108 +1837,100 @@ statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division B and each succeeding division shall not be estimated-- - (1) for purposes of section 251 of such Act; and - (2) for purposes of paragraph (4)(C) of section 3 of the - Statutory Pay-As-You-Go Act of 2010 as being included in an - appropriation Act. + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. TITLE VI--NUTRITION AND COMMODITIES PROGRAMS SEC. 4601. P-EBT PROGRAM EXTENSION. - Section 1101 of the Families First Coronavirus Response Act (Public Law 116-127; 7 U.S.C. 2011 note) is amended-- - (1) in subsection (a)-- - (A) by striking ``fiscal year 2020'' and inserting - ``fiscal years 2020 and 2021''; and - (B) by inserting ``or has reduced the number of - days or hours that students attend the school'' after - ``school is closed''; - (2) in subsection (b), in the first sentence, by inserting - ``and, as applicable, households with children eligible for - assistance under subsection (h)'' after ``children''; - (3) in subsection (c), by inserting ``or has reduced the - number of days or hours that students attend the school'' after - ``school that is closed''; - (4) in subsection (f)-- - (A) by striking ``To facilitate'' and inserting the - following: - ``(1) In general.--To facilitate''; and - (B) by adding at the end the following: - ``(2) Simplifying assumptions for school year 2020-2021.--A - State agency may use simplifying assumptions and the best - feasibly available data to provide benefits to and establish - benefit levels and eligibility periods for eligible children - and children eligible for assistance under subsection (h) for - purposes of this section.''; - (5) by redesignating subsections (h) and (i) as subsections - (i) and (j), respectively; - (6) by inserting after subsection (g) the following: + (1) in subsection (a)-- + (A) by striking ``fiscal year 2020'' and inserting ``fiscal + years 2020 and 2021''; and + (B) by inserting ``or has reduced the number of days or + hours that students attend the school'' after ``school is + closed''; + (2) in subsection (b), in the first sentence, by inserting + ``and, as applicable, households with children eligible for + assistance under subsection (h)'' after ``children''; + (3) in subsection (c), by inserting ``or has reduced the number + of days or hours that students attend the school'' after ``school + that is closed''; + (4) in subsection (f)-- + (A) by striking ``To facilitate'' and inserting the + following: + ``(1) In general.--To facilitate''; and + (B) by adding at the end the following: + ``(2) Simplifying assumptions for school year 2020-2021.--A + State agency may use simplifying assumptions and the best feasibly + available data to provide benefits to and establish benefit levels + and eligibility periods for eligible children and children eligible + for assistance under subsection (h) for purposes of this + section.''; + (5) by redesignating subsections (h) and (i) as subsections (i) + and (j), respectively; + (6) by inserting after subsection (g) the following: ``(h) Assistance for Children in Child Care.-- - ``(1) In general.--Beginning on October 1, 2020, subject to - an approved State agency plan under subsection (b) or an - approved amendment to such a plan, in any case in which, during - a public health emergency designation, a covered child care - facility is closed or has reduced attendance or hours for at - least 5 consecutive days, or 1 or more schools in the area of a - covered child care facility are closed or have reduced - attendance or hours for at least 5 consecutive days, each - household containing at least 1 child enrolled in such a - covered child care facility and the supplemental nutrition - assistance program established under the Food and Nutrition Act - of 2008 (7 U.S.C. 2011 et seq.) shall be eligible to receive - assistance, in accordance with paragraph (2), until covered - child care facilities or schools in the area reopen or operate - at full attendance and hours, as applicable, as determined by - the State agency. - ``(2) Assistance.--A household shall receive benefits under - paragraph (1) in an amount that is equal to at least 1 - breakfast and 1 lunch at the free rate for each child enrolled - in a covered child care facility for each day that the child - does not attend the facility because the facility is closed or - operating with reduced attendance or hours. - ``(3) State option.--A State shall not be required to - provide assistance under this subsection in order to provide - assistance to eligible children under a State agency plan under - subsection (b).''; - (7) in subsection (i) (as so redesignated)-- - (A) in each of paragraphs (1) through (3), by - inserting a paragraph heading, the text of which - comprises the term defined in that paragraph; - (B) by redesignating paragraphs (1) through (3) as - paragraphs (2), (4), and (5), respectively; - (C) by inserting before paragraph (2) (as so - redesignated) the following: - ``(1) Covered child care facility.--The term `covered child - care facility' means-- - ``(A) an organization described in subparagraph (A) - or (B) of section 17(a)(2) of the Richard B. Russell - National School Lunch Act (42 U.S.C. 1766(a)(2)); and - ``(B) a family or group day care home.''; - (D) in paragraph (2) (as so redesignated), by - inserting ``or reduced attendance or hours'' after - ``closure''; - (E) by inserting after paragraph (2) (as so - redesignated) the following: - ``(3) Free rate.--The term `free rate' means-- - ``(A) with respect to a breakfast, the rate of a - free breakfast under the school breakfast program under - section 4 of the Child Nutrition Act of 1966 (42 U.S.C. - 1773); and - ``(B) with respect to a lunch, the rate of a free - lunch under the school lunch program under the Richard - B. Russell National School Lunch Act (42 U.S.C. 1751 et - seq.).''; and - (F) by adding at the end the following: - ``(6) State.--The term `State' has the meaning given the - term in section 12(d) of the Richard B. Russell National School - Lunch Act (42 U.S.C. 1760(d)).''; and - (8) in subsection (j) (as so redesignated), by inserting - ``(including all administrative expenses)'' after ``this - section''. - + ``(1) In general.--Beginning on October 1, 2020, subject to an + approved State agency plan under subsection (b) or an approved + amendment to such a plan, in any case in which, during a public + health emergency designation, a covered child care facility is + closed or has reduced attendance or hours for at least 5 + consecutive days, or 1 or more schools in the area of a covered + child care facility are closed or have reduced attendance or hours + for at least 5 consecutive days, each household containing at least + 1 child enrolled in such a covered child care facility and the + supplemental nutrition assistance program established under the + Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) shall be + eligible to receive assistance, in accordance with paragraph (2), + until covered child care facilities or schools in the area reopen + or operate at full attendance and hours, as applicable, as + determined by the State agency. + ``(2) Assistance.--A household shall receive benefits under + paragraph (1) in an amount that is equal to at least 1 breakfast + and 1 lunch at the free rate for each child enrolled in a covered + child care facility for each day that the child does not attend the + facility because the facility is closed or operating with reduced + attendance or hours. + ``(3) State option.--A State shall not be required to provide + assistance under this subsection in order to provide assistance to + eligible children under a State agency plan under subsection + (b).''; + (7) in subsection (i) (as so redesignated)-- + (A) in each of paragraphs (1) through (3), by inserting a + paragraph heading, the text of which comprises the term defined + in that paragraph; + (B) by redesignating paragraphs (1) through (3) as + paragraphs (2), (4), and (5), respectively; + (C) by inserting before paragraph (2) (as so redesignated) + the following: + ``(1) Covered child care facility.--The term `covered child + care facility' means-- + ``(A) an organization described in subparagraph (A) or (B) + of section 17(a)(2) of the Richard B. Russell National School + Lunch Act (42 U.S.C. 1766(a)(2)); and + ``(B) a family or group day care home.''; + (D) in paragraph (2) (as so redesignated), by inserting + ``or reduced attendance or hours'' after ``closure''; + (E) by inserting after paragraph (2) (as so redesignated) + the following: + ``(3) Free rate.--The term `free rate' means-- + ``(A) with respect to a breakfast, the rate of a free + breakfast under the school breakfast program under section 4 of + the Child Nutrition Act of 1966 (42 U.S.C. 1773); and + ``(B) with respect to a lunch, the rate of a free lunch + under the school lunch program under the Richard B. Russell + National School Lunch Act (42 U.S.C. 1751 et seq.).''; and + (F) by adding at the end the following: + ``(6) State.--The term `State' has the meaning given the term + in section 12(d) of the Richard B. Russell National School Lunch + Act (42 U.S.C. 1760(d)).''; and + (8) in subsection (j) (as so redesignated), by inserting + ``(including all administrative expenses)'' after ``this section''. SEC. 4602. EXTENDING CERTAIN WAIVER AUTHORITIES. - (a) National School Lunch Program Requirement Waivers Addressing COVID-19.--Section 2202(e) of the Families First Coronavirus Response Act (Public Law 116-127; 42 U.S.C. 1760 note) is amended by striking @@ -2097,102 +1946,90 @@ amended by striking ``September 30, 2020'' and inserting ``September (d) Funding.--There are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this section. - SEC. 4603. SNAP FLEXIBILITIES. - (a) Extension of Existing SNAP Flexibilities for COVID-19.-- - (1) State options.-- - (A) A State agency (as defined in section 3(s) of - the Food and Nutrition Act of 2008 (7 U.S.C. 2012(s))) - shall have the option, without prior approval from the - Secretary of Agriculture-- - (i) to extend certification periods under - section 3(f) of the Food and Nutrition Act of - 2008 (7 U.S.C. 2012(f)) for not more than 6 - months and adjust periodic report requirements - under section 6(c)(1)(D)(i) of the Food and - Nutrition Act of 2008 (7 U.S.C. - 2015(c)(1)(D)(i)) for some or all participating - households with certification periods set to - expire or periodic reports due on or before - June 30, 2021, consistent with the extensions - and adjustments provided in the Food and - Nutrition Service's April 22, 2020, blanket - approval for extending certification and - adjusting periodic reports, unless otherwise - provided in this subparagraph; - (ii) to allow household reporting - requirements under section 273.12(a)(5)(iii) of - title 7 of the Code of Federal Regulations to - satisfy the recertification requirements under - section 273.14 of title 7 of the Code of - Federal Regulations for some or all - participating households with recertification - periods set to expire on or before December 31, - 2021; and - (iii) to adjust the interview requirements - under sections 273.2 and 273.14(b) of title 7 - of the Code of Federal Regulations for some or - all household applications or recertifications - through June 30, 2021, consistent with the - adjustments provided in the Food and Nutrition - Service's March 26, 2020, blanket approval for - adjusting interview requirements, unless - otherwise provided in this subparagraph. - (B) Not later than 5 days after exercising an - option under subparagraph (A), a State agency shall - notify the Secretary of Agriculture in writing of the - option exercised, the categories of households affected - by the option, and the duration of such option. - (2) Adjustment.--The Secretary of Agriculture shall allow a - State agency to suspend the requirements under sections - 275.11(b)(1) and (2), 275.12, and 275.13 of title 7 of the Code - of Federal Regulations from June 1, 2020, through September 30, - 2021, consistent with the waivers provided in the Food and - Nutrition Service's April 30, 2020, blanket approval for waiver - of quality control reviews, unless otherwise provided in this - paragraph. - (3) Report.--Section 2302 of the Families First Coronavirus - Response Act (Public Law 116-127; 7 U.S.C. 2011 note) is - amended by striking subsection (c) and inserting the following: + (1) State options.-- + (A) A State agency (as defined in section 3(s) of the Food + and Nutrition Act of 2008 (7 U.S.C. 2012(s))) shall have the + option, without prior approval from the Secretary of + Agriculture-- + (i) to extend certification periods under section 3(f) + of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)) + for not more than 6 months and adjust periodic report + requirements under section 6(c)(1)(D)(i) of the Food and + Nutrition Act of 2008 (7 U.S.C. 2015(c)(1)(D)(i)) for some + or all participating households with certification periods + set to expire or periodic reports due on or before June 30, + 2021, consistent with the extensions and adjustments + provided in the Food and Nutrition Service's April 22, + 2020, blanket approval for extending certification and + adjusting periodic reports, unless otherwise provided in + this subparagraph; + (ii) to allow household reporting requirements under + section 273.12(a)(5)(iii) of title 7 of the Code of Federal + Regulations to satisfy the recertification requirements + under section 273.14 of title 7 of the Code of Federal + Regulations for some or all participating households with + recertification periods set to expire on or before December + 31, 2021; and + (iii) to adjust the interview requirements under + sections 273.2 and 273.14(b) of title 7 of the Code of + Federal Regulations for some or all household applications + or recertifications through June 30, 2021, consistent with + the adjustments provided in the Food and Nutrition + Service's March 26, 2020, blanket approval for adjusting + interview requirements, unless otherwise provided in this + subparagraph. + (B) Not later than 5 days after exercising an option under + subparagraph (A), a State agency shall notify the Secretary of + Agriculture in writing of the option exercised, the categories + of households affected by the option, and the duration of such + option. + (2) Adjustment.--The Secretary of Agriculture shall allow a + State agency to suspend the requirements under sections + 275.11(b)(1) and (2), 275.12, and 275.13 of title 7 of the Code of + Federal Regulations from June 1, 2020, through September 30, 2021, + consistent with the waivers provided in the Food and Nutrition + Service's April 30, 2020, blanket approval for waiver of quality + control reviews, unless otherwise provided in this paragraph. + (3) Report.--Section 2302 of the Families First Coronavirus + Response Act (Public Law 116-127; 7 U.S.C. 2011 note) is amended by + striking subsection (c) and inserting the following: ``(c) Report.--Not later than June 30, 2022, the Secretary of Agriculture shall submit, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report containing the following information: - ``(1) A description of any information or data supporting - State agency requests under this section and any additional - measures that State agencies requested that were not approved - by the Secretary of Agriculture; - ``(2) An evaluation of the use of all waivers, adjustments, - and other flexibilities in the operation of the supplemental - nutrition assistance program (as defined in section 3 of the - Food and Nutrition Act of 2008 (7 U.S.C. 2012)), in effect - under this Act, the Food and Nutrition Act of 2008 (7 U.S.C. - 2011 et seq.), or any other Act, to respond to the COVID-19 - public health emergency; and - ``(3) A recommendation of any additional waivers or - flexibilities needed in the operation of the supplemental - nutrition assistance program to respond to public health - emergencies with pandemic potential.''. + ``(1) A description of any information or data supporting State + agency requests under this section and any additional measures that + State agencies requested that were not approved by the Secretary of + Agriculture; + ``(2) An evaluation of the use of all waivers, adjustments, and + other flexibilities in the operation of the supplemental nutrition + assistance program (as defined in section 3 of the Food and + Nutrition Act of 2008 (7 U.S.C. 2012)), in effect under this Act, + the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), or any + other Act, to respond to the COVID-19 public health emergency; and + ``(3) A recommendation of any additional waivers or + flexibilities needed in the operation of the supplemental nutrition + assistance program to respond to public health emergencies with + pandemic potential.''. (b) Funding.--There are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this section. - SEC. 4604. PROHIBITION ON PAYMENTS TO FOSSIL FUEL REFINERS AND - IMPORTERS. - +IMPORTERS. (a) In General.--The Secretary of Agriculture may not use any funds, facilities, or authorities of the Commodity Credit Corporation or the Department of Agriculture-- - (1) to provide a payment to a refiner or importer (as those - terms are defined in section 80.2 of title 40, Code of Federal - Regulations (or successor regulations)); or - (2) to otherwise support, directly or indirectly, a refiner - or importer (as so defined) in meeting any requirements under-- - (A) the renewable fuel program under section 211(o) - of the Clean Air Act (42 U.S.C. 7545(o)); or - (B) any other provision of law that requires the - blending of fossil fuel with renewable fuel. + (1) to provide a payment to a refiner or importer (as those + terms are defined in section 80.2 of title 40, Code of Federal + Regulations (or successor regulations)); or + (2) to otherwise support, directly or indirectly, a refiner or + importer (as so defined) in meeting any requirements under-- + (A) the renewable fuel program under section 211(o) of the + Clean Air Act (42 U.S.C. 7545(o)); or + (B) any other provision of law that requires the blending + of fossil fuel with renewable fuel. (b) The exclusion in (a) shall not apply to any payments or support to producers, refiners, or importers of biofuel (as defined in 7 U.S.C. 8101). @@ -2208,33 +2045,25 @@ the date of enactment of this Act. DIVISION E--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS SEC. 5001. SHORT TITLE. - This division may be cited as the ``Department of Veterans Affairs Expiring Authorities Act of 2020''. TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE SEC. 5101. EXTENSION OF AUTHORITY FOR COLLECTION OF COPAYMENTS FOR - HOSPITAL CARE AND NURSING HOME CARE. - +HOSPITAL CARE AND NURSING HOME CARE. Section 1710(f)(2)(B) of title 38, United States Code, is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. - SEC. 5102. EXTENSION OF REQUIREMENT TO PROVIDE NURSING HOME CARE TO - CERTAIN VETERANS WITH SERVICE CONNECTED DISABILITIES. - +CERTAIN VETERANS WITH SERVICE CONNECTED DISABILITIES. Section 1710A(d) of title 38, United States Code, is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. - SEC. 5103. EXTENSION OF AUTHORITY FOR TRANSFER OF REAL PROPERTY. - Section 8118(a)(5) of title 38, United States Code, is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. - SEC. 5104. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON ASSISTANCE FOR - CHILD CARE FOR CERTAIN VETERANS RECEIVING HEALTH CARE. - +CHILD CARE FOR CERTAIN VETERANS RECEIVING HEALTH CARE. (a) Extension of Authority.--Subsection (e) of section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1144; 38 U.S.C. 1710 note) is amended by striking @@ -2242,19 +2071,14 @@ Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law (b) Authorization of Appropriations.--Subsection (h) of such section is amended by striking ``and 2020'' and inserting ``2020, 2021, and 2022''. - SEC. 5105. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR GRANTS TO - VETERANS SERVICE ORGANIZATIONS FOR TRANSPORTATION OF - HIGHLY RURAL VETERANS. - +VETERANS SERVICE ORGANIZATIONS FOR TRANSPORTATION OF HIGHLY RURAL +VETERANS. Section 307(d) of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1154; 38 U.S.C. 1710 note) is amended by striking ``2020'' and inserting ``2022''. - SEC. 5106. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON COUNSELING IN - RETREAT SETTINGS FOR WOMEN VETERANS NEWLY SEPARATED FROM - SERVICE. - +RETREAT SETTINGS FOR WOMEN VETERANS NEWLY SEPARATED FROM SERVICE. (a) Extension of Authority.--Subsection (d) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1143; 38 U.S.C. 1712A note) is amended by striking @@ -2262,10 +2086,8 @@ Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law (b) Authorization of Appropriations.--Subsection (f) of such section is amended by striking ``and 2020'' and inserting ``2020, 2021, and 2022''. - SEC. 5107. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON GRADUATE MEDICAL - EDUCATION AND RESIDENCY. - +EDUCATION AND RESIDENCY. (a) In General.--Subsection (d) of section 403 of the VA MISSION Act of 2018 (Public Law 115-182; 132 Stat. 1474; 38 U.S.C. 7302 note) is amended by striking ``August 7, 2024'' and inserting ``August 7, @@ -2274,33 +2096,27 @@ is amended by striking ``August 7, 2024'' and inserting ``August 7, amended by striking ``authorized under'' and all that follows through the period at the end and inserting ``authorized under section 7302 of title 38, United States Code, at covered facilities.''. - SEC. 5108. INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS - REPORT ON ADMINISTRATION OF INTERNET WEBSITE ON STAFFING - AND VACANCIES. - +REPORT ON ADMINISTRATION OF INTERNET WEBSITE ON STAFFING AND VACANCIES. Not later than October 31, 2022, and October 31, 2024, and as frequently thereafter as the Inspector General of the Department of Veterans Affairs considers appropriate, the Inspector General shall-- - (1) review the administration of the internet website - required by section 505(a)(1) of the VA MISSION Act of 2018 - (Public Law 115-182; 132 Stat. 1477; 38 U.S.C. 301 note); - (2) develop recommendations for such legislative or - administrative action as the Inspector General considers - appropriate for such administration; and - (3) submit to the Committee on Veterans' Affairs of the - Senate and the Committee on Veterans' Affairs of the House of - Representatives a report on-- - (A) the findings of the Inspector General with - respect to the most recent review conducted under - paragraph (1); and - (B) the recommendations most recently developed - under paragraph (2). - + (1) review the administration of the internet website required + by section 505(a)(1) of the VA MISSION Act of 2018 (Public Law 115- + 182; 132 Stat. 1477; 38 U.S.C. 301 note); + (2) develop recommendations for such legislative or + administrative action as the Inspector General considers + appropriate for such administration; and + (3) submit to the Committee on Veterans' Affairs of the Senate + and the Committee on Veterans' Affairs of the House of + Representatives a report on-- + (A) the findings of the Inspector General with respect to + the most recent review conducted under paragraph (1); and + (B) the recommendations most recently developed under + paragraph (2). SEC. 5109. EXTENSION OF TEMPORARY EXPANSION OF PAYMENTS AND ALLOWANCES - FOR BENEFICIARY TRAVEL IN CONNECTION WITH VETERANS - RECEIVING CARE FROM VET CENTERS. - +FOR BENEFICIARY TRAVEL IN CONNECTION WITH VETERANS RECEIVING CARE FROM +VET CENTERS. Section 104(a) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 126 Stat. 1169), as most recently amended by section 5 of the Department of Veterans @@ -2311,13 +2127,10 @@ inserting ``September 30, 2021''. TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS SEC. 5201. EXTENSION OF SPECIALLY ADAPTED HOUSING ASSISTIVE TECHNOLOGY - GRANT PROGRAM. - +GRANT PROGRAM. Section 2108(g) of title 38, United States Code, is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. - SEC. 5202. EXTENSIONS OF CERTAIN PROVISIONS OF LAW. - (a) Extension of Student Veteran Coronavirus Response Act of 2020.--Section 2 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116-140) is amended by striking ``December 21, 2020'' @@ -2328,146 +2141,100 @@ Education Converted to Distance Learning by Reason of Emergencies and Health-related Situations.--Section 1(b) of Public Law 116-128 is amended by striking ``December 21, 2020'' and inserting ``December 21, 2021''. - SEC. 5203. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE IN THE - REPUBLIC OF THE PHILIPPINES. - +REPUBLIC OF THE PHILIPPINES. Section 315(b) of title 38, United States Code, is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. - SEC. 5204. EXTENSION OF AUTHORITY TO TRANSPORT INDIVIDUALS TO AND FROM - DEPARTMENT OF VETERANS AFFAIRS FACILITIES. - +DEPARTMENT OF VETERANS AFFAIRS FACILITIES. Section 111A(a)(2) of title 38, United States Code, is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. - SEC. 5205. EXTENSION OF TEMPORARY INCREASE IN NUMBER OF JUDGES ON - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. - +UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. Section 7253(i)(2) of title 38, United States Code, is amended by striking ``January 1, 2021'' and inserting ``January 1, 2026''. TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS SEC. 5301. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR HOMELESS - VETERANS REINTEGRATION PROGRAMS. - +VETERANS REINTEGRATION PROGRAMS. Section 2021(e)(1)(F) of title 38, United States Code, is amended by striking ``2020'' and inserting ``2022''. - SEC. 5302. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR HOMELESS - WOMEN VETERANS AND HOMELESS VETERANS WITH CHILDREN - REINTEGRATION GRANT PROGRAM. - +WOMEN VETERANS AND HOMELESS VETERANS WITH CHILDREN REINTEGRATION GRANT +PROGRAM. Section 2021A(f)(1) of title 38, United States Code, is amended by striking ``2020'' and inserting ``2022''. - SEC. 5303. EXTENSION OF AUTHORITY FOR REFERRAL AND COUNSELING SERVICES - FOR VETERANS AT RISK OF HOMELESSNESS TRANSITIONING FROM - CERTAIN INSTITUTIONS. - +FOR VETERANS AT RISK OF HOMELESSNESS TRANSITIONING FROM CERTAIN +INSTITUTIONS. Section 2023(d) of title 38, United States Code, is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. - SEC. 5304. EXTENSION OF AUTHORITY FOR TREATMENT AND REHABILITATION FOR - SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS. - +SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS. (a) General Treatment.--Section 2031(b) of title 38, United States Code, is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. (b) Additional Services at Certain Locations.--Section 2033(d) of such title is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. - SEC. 5305. EXTENSION OF FUNDING FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE - SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN - PERMANENT HOUSING. - +SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. Section 2044(e)(1) of title 38, United States Code, is amended-- - (1) in subparagraph (G), by striking ``through 2021'' and - inserting ``and 2020''; and - (2) by adding at the end the following new subparagraph: - ``(H) $420,000,000 for each of fiscal years 2021 and - 2022.''. - + (1) in subparagraph (G), by striking ``through 2021'' and + inserting ``and 2020''; and + (2) by adding at the end the following new subparagraph: + ``(H) $420,000,000 for each of fiscal years 2021 and 2022.''. SEC. 5306. EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOMELESS VETERANS - WITH SPECIAL NEEDS. - +WITH SPECIAL NEEDS. Section 2061(d)(1) of title 38, United States Code, is amended by striking ``2020'' and inserting ``2022''. TITLE IV--EXTENSIONS OF OTHER AUTHORITIES AND OTHER MATTERS SEC. 5401. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR MONTHLY - ASSISTANCE ALLOWANCE UNDER THE OFFICE OF NATIONAL - VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS. - +ASSISTANCE ALLOWANCE UNDER THE OFFICE OF NATIONAL VETERANS SPORTS +PROGRAMS AND SPECIAL EVENTS. Section 322(d)(4) of title 38, United States Code, is amended by striking ``2020'' and inserting ``2022''. - SEC. 5402. EXTENSION OF REQUIREMENTS TO PROVIDE REPORTS TO CONGRESS - REGARDING EQUITABLE RELIEF IN THE CASE OF ADMINISTRATIVE - ERROR. - +REGARDING EQUITABLE RELIEF IN THE CASE OF ADMINISTRATIVE ERROR. Section 503(c) of title 38, United States Code, is amended by striking ``December 31, 2020'' and inserting ``December 31, 2022''. - SEC. 5403. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS FOR ADAPTIVE - SPORTS PROGRAMS FOR DISABLED VETERANS AND MEMBERS OF THE - ARMED FORCES. - +SPORTS PROGRAMS FOR DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES. (a) Authorization of Appropriations.--Subsection (g)(1) of section 521A of title 38, United States Code, is amended-- - (1) by striking ``appropriated $8,000,000'' and inserting - the following: ``appropriated amounts as follows: - ``(A) $8,000,000 for each of fiscal years 2010 through - 2020.''; and - (2) by adding at the end the following new subparagraph: - ``(B) $16,000,000 for each of fiscal years 2021 and - 2022.''. + (1) by striking ``appropriated $8,000,000'' and inserting the + following: ``appropriated amounts as follows: + ``(A) $8,000,000 for each of fiscal years 2010 through 2020.''; + and + (2) by adding at the end the following new subparagraph: + ``(B) $16,000,000 for each of fiscal years 2021 and 2022.''. (b) Extension.--Subsection (l) of such section is amended by striking ``2020'' and inserting ``2022''. - SEC. 5404. EXTENSION OF AUTHORITY TO ENTER INTO AGREEMENT WITH THE - NATIONAL ACADEMY OF SCIENCES REGARDING ASSOCIATIONS - BETWEEN DISEASES AND EXPOSURE TO DIOXIN AND OTHER - CHEMICAL COMPOUNDS IN HERBICIDES. - +NATIONAL ACADEMY OF SCIENCES REGARDING ASSOCIATIONS BETWEEN DISEASES +AND EXPOSURE TO DIOXIN AND OTHER CHEMICAL COMPOUNDS IN HERBICIDES. Section 3 of the Agent Orange Act of 1991 (Public Law 102-4; 38 U.S.C. 1116 note) is amended by striking ``September 30, 2020'' and inserting ``September 30, 2022''. - SEC. 5405. MODIFICATION AND EXTENSION OF AUTHORITY RELATING TO VENDEE - LOAN PROGRAM. - +LOAN PROGRAM. Section 3733(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(8) During the period that begins on October 1, 2020, and ends on September 30, 2025, the Secretary shall carry out the provisions of this subsection as if-- - ``(A) the references in the first sentence of paragraph (1) - to `65 percent' and `may be financed by a loan' were references - to `85 percent' and `shall be of property marketed with - financing to be', respectively; - ``(B) the second sentence of paragraph (1) were repealed; - and - ``(C) the reference in paragraph (2) to `September 30, - 1990,' were a reference to `September 30, 2025,'.''. - - Passed the House of Representatives September 22, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 8337 - -_______________________________________________________________________ - - AN ACT - - Making continuing appropriations for fiscal year 2021, and for other - purposes. + ``(A) the references in the first sentence of paragraph (1) to + `65 percent' and `may be financed by a loan' were references to `85 + percent' and `shall be of property marketed with financing to be', + respectively; + ``(B) the second sentence of paragraph (1) were repealed; and + ``(C) the reference in paragraph (2) to `September 30, 1990,' + were a reference to `September 30, 2025,'.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From d18add42273b04b7131f7e626e3d10aa9d425096 Mon Sep 17 00:00:00 2001 From: "Rep. Escobar, Veronica [D-TX-16]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 641/984] House-8354: Introduced to House --- bills_text/House-8354.txt | 65 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 65 insertions(+) create mode 100644 bills_text/House-8354.txt diff --git a/bills_text/House-8354.txt b/bills_text/House-8354.txt new file mode 100644 index 0000000..c4d3b89 --- /dev/null +++ b/bills_text/House-8354.txt @@ -0,0 +1,65 @@ +116th CONGRESS + 2d Session + H. R. 8354 + + To establish the Servicemembers and Veterans Initiative within the + Civil Rights Division of the Department of Justice, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + September 23, 2020 + +Ms. Escobar (for herself and Mr. Taylor) introduced the following bill; + which was referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To establish the Servicemembers and Veterans Initiative within the + Civil Rights Division of the Department of Justice, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Servicemembers and Veterans +Initiative Act of 2020.'' + +SEC. 2. SERVICEMEMBERS AND VETERANS INITIATIVE. + + (a) Establishment.--There is established the Servicemembers and +Veterans Initiative within the Civil Rights Division of the Department +of Justice. + (b) Duties.--The Servicemembers and Veterans Initiative shall-- + (1) serve as legal and policy advisor to the Attorney + General on the Department of Justice's efforts to enforce + criminal and civil laws that impact servicemembers, veterans, + and their families; + (2) develop policy recommendations for the Attorney General + on how the Department of Justice may improve enforcement of + Federal law to support servicemembers, veterans, and their + families; + (3) serve as the liaison and point of contact between the + Department of Justice and the military departments; + (4) provide counsel to the Assistant Attorney General for + the Office of Justice Programs to ensure funding decisions take + into account servicemembers, veterans, and their families; + (5) consult with components of the Department of Justice to + promote the provision of civil legal aid to servicemembers, + veterans, and their families; + (6) serve as a liaison with the Assistant Attorney General + for the Criminal Division to coordinate the prosecution of + Federal crimes involving fraud that target servicemembers; and + (7) enforce other Federal laws that protect servicemembers + and veterans, as the Attorney General determines appropriate. + \ No newline at end of file From 6c023de123a042a7b137f6cd93f87a8a9ec5b633 Mon Sep 17 00:00:00 2001 From: "Rep. Escobar, Veronica [D-TX-16]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 642/984] House-8354: Engrossed in House --- bills_text/House-8354.txt | 51 ++++++++++++++++++++++----------------- 1 file changed, 29 insertions(+), 22 deletions(-) diff --git a/bills_text/House-8354.txt b/bills_text/House-8354.txt index c4d3b89..304c103 100644 --- a/bills_text/House-8354.txt +++ b/bills_text/House-8354.txt @@ -2,24 +2,9 @@ 2d Session H. R. 8354 - To establish the Servicemembers and Veterans Initiative within the - Civil Rights Division of the Department of Justice, and for other - purposes. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - September 23, 2020 - -Ms. Escobar (for herself and Mr. Taylor) introduced the following bill; - which was referred to the Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -33,7 +18,7 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers and Veterans -Initiative Act of 2020.'' +Initiative Act of 2020''. SEC. 2. SERVICEMEMBERS AND VETERANS INITIATIVE. @@ -57,9 +42,31 @@ of Justice. (5) consult with components of the Department of Justice to promote the provision of civil legal aid to servicemembers, veterans, and their families; - (6) serve as a liaison with the Assistant Attorney General - for the Criminal Division to coordinate the prosecution of + (6) serve as a liaison and point of contact with the + Consumer Protection Branch of the Civil Division of the + Department of Justice, with respect to the prosecution of Federal crimes involving fraud that target servicemembers; and - (7) enforce other Federal laws that protect servicemembers - and veterans, as the Attorney General determines appropriate. - \ No newline at end of file + (7) serve as a liaison and point of contact with other + components of the Department of Justice as needed to support + the enforcement of other Federal laws that protect + servicemembers and veterans, as the Attorney General determines + appropriate. + + Passed the House of Representatives December 8, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 8354 + +_______________________________________________________________________ + + AN ACT + + To establish the Servicemembers and Veterans Initiative within the + Civil Rights Division of the Department of Justice, and for other + purposes. From 454a0e28dd5e1282512e4a444c6e36403de68ba7 Mon Sep 17 00:00:00 2001 From: "Rep. Escobar, Veronica [D-TX-16]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 643/984] House-8354: Received in Senate --- bills_text/House-8354.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-8354.txt b/bills_text/House-8354.txt index 304c103..8273a89 100644 --- a/bills_text/House-8354.txt +++ b/bills_text/House-8354.txt @@ -2,6 +2,16 @@ 2d Session H. R. 8354 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 9, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -56,17 +66,6 @@ of Justice. Attest: - Clerk. -116th CONGRESS - - 2d Session - - H. R. 8354 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To establish the Servicemembers and Veterans Initiative within the - Civil Rights Division of the Department of Justice, and for other - purposes. + Clerk. From e7dc9af3242b8c6ae01e6dce9c9275303f72b952 Mon Sep 17 00:00:00 2001 From: "Rep. Escobar, Veronica [D-TX-16]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 644/984] House-8354: Enrolled --- bills_text/House-8354.txt | 87 +++++++++++++++++---------------------- 1 file changed, 38 insertions(+), 49 deletions(-) diff --git a/bills_text/House-8354.txt b/bills_text/House-8354.txt index 8273a89..79c591a 100644 --- a/bills_text/House-8354.txt +++ b/bills_text/House-8354.txt @@ -1,71 +1,60 @@ -116th CONGRESS - 2d Session - H. R. 8354 + H.R.8354 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 9, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To establish the Servicemembers and Veterans Initiative within the - Civil Rights Division of the Department of Justice, and for other - purposes. +To establish the Servicemembers and Veterans Initiative within the Civil + Rights Division of the Department of Justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Servicemembers and Veterans Initiative Act of 2020''. - SEC. 2. SERVICEMEMBERS AND VETERANS INITIATIVE. - (a) Establishment.--There is established the Servicemembers and Veterans Initiative within the Civil Rights Division of the Department of Justice. (b) Duties.--The Servicemembers and Veterans Initiative shall-- - (1) serve as legal and policy advisor to the Attorney - General on the Department of Justice's efforts to enforce - criminal and civil laws that impact servicemembers, veterans, - and their families; - (2) develop policy recommendations for the Attorney General - on how the Department of Justice may improve enforcement of - Federal law to support servicemembers, veterans, and their - families; - (3) serve as the liaison and point of contact between the - Department of Justice and the military departments; - (4) provide counsel to the Assistant Attorney General for - the Office of Justice Programs to ensure funding decisions take - into account servicemembers, veterans, and their families; - (5) consult with components of the Department of Justice to - promote the provision of civil legal aid to servicemembers, - veterans, and their families; - (6) serve as a liaison and point of contact with the - Consumer Protection Branch of the Civil Division of the - Department of Justice, with respect to the prosecution of - Federal crimes involving fraud that target servicemembers; and - (7) serve as a liaison and point of contact with other - components of the Department of Justice as needed to support - the enforcement of other Federal laws that protect - servicemembers and veterans, as the Attorney General determines - appropriate. - - Passed the House of Representatives December 8, 2020. - - Attest: - - CHERYL L. JOHNSON, - - Clerk. + (1) serve as legal and policy advisor to the Attorney General + on the Department of Justice's efforts to enforce criminal and + civil laws that impact servicemembers, veterans, and their + families; + (2) develop policy recommendations for the Attorney General on + how the Department of Justice may improve enforcement of Federal + law to support servicemembers, veterans, and their families; + (3) serve as the liaison and point of contact between the + Department of Justice and the military departments; + (4) provide counsel to the Assistant Attorney General for the + Office of Justice Programs to ensure funding decisions take into + account servicemembers, veterans, and their families; + (5) consult with components of the Department of Justice to + promote the provision of civil legal aid to servicemembers, + veterans, and their families; + (6) serve as a liaison and point of contact with the Consumer + Protection Branch of the Civil Division of the Department of + Justice, with respect to the prosecution of Federal crimes + involving fraud that target servicemembers; and + (7) serve as a liaison and point of contact with other + components of the Department of Justice as needed to support the + enforcement of other Federal laws that protect servicemembers and + veterans, as the Attorney General determines appropriate. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From dfd4a130374fb1d2fe9ca086a451e0c00af318e2 Mon Sep 17 00:00:00 2001 From: "Rep. Courtney, Joe [D-CT-2]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 645/984] House-8472: Introduced to House --- bills_text/House-8472.txt | 82 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 82 insertions(+) create mode 100644 bills_text/House-8472.txt diff --git a/bills_text/House-8472.txt b/bills_text/House-8472.txt new file mode 100644 index 0000000..fc6becf --- /dev/null +++ b/bills_text/House-8472.txt @@ -0,0 +1,82 @@ +116th CONGRESS + 2d Session + H. R. 8472 + + To provide that, due to the disruptions caused by COVID-19, + applications for impact aid funding for fiscal year 2022 may use + certain data submitted in the fiscal year 2021 application. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 1, 2020 + + Mr. Courtney introduced the following bill; which was referred to the + Committee on Education and Labor + +_______________________________________________________________________ + + A BILL + + + + To provide that, due to the disruptions caused by COVID-19, + applications for impact aid funding for fiscal year 2022 may use + certain data submitted in the fiscal year 2021 application. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Impact Aid Coronavirus Relief Act''. + +SEC. 2. IMPACT AID PROGRAM. + + Due to the public health emergency relating to COVID-19 and +notwithstanding sections 7002(j) and 7003(c) of the Elementary and +Secondary Education Act of 1965 (20 U.S.C. 7702(j), 7703(c)), a local +educational agency desiring to receive a payment under section 7002 or +7003 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2022 that also +submitted an application for such payment for fiscal year 2021 shall, +in the application submitted under section 7005 of such Act (20 U.S.C. +7705) for fiscal year 2022-- + (1) with respect to a requested payment under section 7002 + of such Act-- + (A) use the data described in section 7002(j) of + such Act relating to calculating such payment that was + submitted by the local educational agency in the + application for fiscal year 2021; or + (B) use the data relating to calculating such + payment for the fiscal year required under section + 7002(j) of such Act; and + (2) with respect to a requested payment under section 7003 + of such Act-- + (A) use the student count data relating to + calculating such payment that was submitted by the + local educational agency in the application for fiscal + year 2021, provided that payments for fiscal year 2022 + shall be calculated by the Secretary using the + expenditures and rates described in clauses (i), (ii), + (iii), and (iv) of section 7003(b)(1)(C) of such Act + that would otherwise apply for fiscal year 2022; or + (B) use the student count data relating to + calculating such payment for the fiscal year required + under section 7003(c) of such Act. + +SEC. 3. MIGRANT EDUCATION PROGRAM. + + Due to the public health emergency relating to COVID-19 and +notwithstanding subsections (a)(1) and (f)(1) of section 1303 of the +Elementary and Secondary Education Act of 1965 (20 U.S.C. 6393), for +the purposes of making determinations under subsections (a)(1) and (f) +of such section 1303 for fiscal year 2021 and all subsequent fiscal +years for which school year 2019-2020 data would be used in the +calculations under section 1303(a)(1) of such Act, the Secretary of +Education shall use school year 2018-2019 data or school year 2019-2020 +data, whichever data are greater, wherever school year 2019-2020 data +would otherwise be required. + \ No newline at end of file From 349ac44ca56f62992a809f57e1ffe61d4065a6f3 Mon Sep 17 00:00:00 2001 From: "Rep. Courtney, Joe [D-CT-2]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 646/984] House-8472: Engrossed in House --- bills_text/House-8472.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/House-8472.txt b/bills_text/House-8472.txt index fc6becf..c7705f0 100644 --- a/bills_text/House-8472.txt +++ b/bills_text/House-8472.txt @@ -2,24 +2,9 @@ 2d Session H. R. 8472 - To provide that, due to the disruptions caused by COVID-19, - applications for impact aid funding for fiscal year 2022 may use - certain data submitted in the fiscal year 2021 application. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - October 1, 2020 - - Mr. Courtney introduced the following bill; which was referred to the - Committee on Education and Labor - -_______________________________________________________________________ - - A BILL + AN ACT @@ -79,4 +64,22 @@ calculations under section 1303(a)(1) of such Act, the Secretary of Education shall use school year 2018-2019 data or school year 2019-2020 data, whichever data are greater, wherever school year 2019-2020 data would otherwise be required. - \ No newline at end of file + + Passed the House of Representatives October 2, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 8472 + +_______________________________________________________________________ + + AN ACT + + To provide that, due to the disruptions caused by COVID-19, + applications for impact aid funding for fiscal year 2022 may use + certain data submitted in the fiscal year 2021 application. From 0e5edf7e64dc9423b1cd24cb14bc30c8e0b98c9e Mon Sep 17 00:00:00 2001 From: "Rep. Courtney, Joe [D-CT-2]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 647/984] House-8472: Received in Senate --- bills_text/House-8472.txt | 25 ++++++++++++------------- 1 file changed, 12 insertions(+), 13 deletions(-) diff --git a/bills_text/House-8472.txt b/bills_text/House-8472.txt index c7705f0..ccd8466 100644 --- a/bills_text/House-8472.txt +++ b/bills_text/House-8472.txt @@ -2,6 +2,16 @@ 2d Session H. R. 8472 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 19, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -69,17 +79,6 @@ would otherwise be required. Attest: - Clerk. -116th CONGRESS - - 2d Session - - H. R. 8472 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To provide that, due to the disruptions caused by COVID-19, - applications for impact aid funding for fiscal year 2022 may use - certain data submitted in the fiscal year 2021 application. + Clerk. From dd6508f4ea03960022593c2dbb33e0c980005fc4 Mon Sep 17 00:00:00 2001 From: "Rep. Courtney, Joe [D-CT-2]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 648/984] House-8472: Enrolled --- bills_text/House-8472.txt | 80 +++++++++++++++++---------------------- 1 file changed, 34 insertions(+), 46 deletions(-) diff --git a/bills_text/House-8472.txt b/bills_text/House-8472.txt index ccd8466..814894b 100644 --- a/bills_text/House-8472.txt +++ b/bills_text/House-8472.txt @@ -1,36 +1,31 @@ -116th CONGRESS - 2d Session - H. R. 8472 + H.R.8472 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - October 19, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To provide that, due to the disruptions caused by COVID-19, - applications for impact aid funding for fiscal year 2022 may use - certain data submitted in the fiscal year 2021 application. +To provide that, due to the disruptions caused by COVID-19, applications + for impact aid funding for fiscal year 2022 may use certain data + submitted in the fiscal year 2021 application. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Impact Aid Coronavirus Relief Act''. - SEC. 2. IMPACT AID PROGRAM. - Due to the public health emergency relating to COVID-19 and notwithstanding sections 7002(j) and 7003(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(j), 7703(c)), a local @@ -39,31 +34,27 @@ educational agency desiring to receive a payment under section 7002 or submitted an application for such payment for fiscal year 2021 shall, in the application submitted under section 7005 of such Act (20 U.S.C. 7705) for fiscal year 2022-- - (1) with respect to a requested payment under section 7002 - of such Act-- - (A) use the data described in section 7002(j) of - such Act relating to calculating such payment that was - submitted by the local educational agency in the - application for fiscal year 2021; or - (B) use the data relating to calculating such - payment for the fiscal year required under section - 7002(j) of such Act; and - (2) with respect to a requested payment under section 7003 - of such Act-- - (A) use the student count data relating to - calculating such payment that was submitted by the - local educational agency in the application for fiscal - year 2021, provided that payments for fiscal year 2022 - shall be calculated by the Secretary using the - expenditures and rates described in clauses (i), (ii), - (iii), and (iv) of section 7003(b)(1)(C) of such Act - that would otherwise apply for fiscal year 2022; or - (B) use the student count data relating to - calculating such payment for the fiscal year required - under section 7003(c) of such Act. - + (1) with respect to a requested payment under section 7002 of + such Act-- + (A) use the data described in section 7002(j) of such Act + relating to calculating such payment that was submitted by the + local educational agency in the application for fiscal year + 2021; or + (B) use the data relating to calculating such payment for + the fiscal year required under section 7002(j) of such Act; and + (2) with respect to a requested payment under section 7003 of + such Act-- + (A) use the student count data relating to calculating such + payment that was submitted by the local educational agency in + the application for fiscal year 2021, provided that payments + for fiscal year 2022 shall be calculated by the Secretary using + the expenditures and rates described in clauses (i), (ii), + (iii), and (iv) of section 7003(b)(1)(C) of such Act that would + otherwise apply for fiscal year 2022; or + (B) use the student count data relating to calculating such + payment for the fiscal year required under section 7003(c) of + such Act. SEC. 3. MIGRANT EDUCATION PROGRAM. - Due to the public health emergency relating to COVID-19 and notwithstanding subsections (a)(1) and (f)(1) of section 1303 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6393), for @@ -75,10 +66,7 @@ Education shall use school year 2018-2019 data or school year 2019-2020 data, whichever data are greater, wherever school year 2019-2020 data would otherwise be required. - Passed the House of Representatives October 2, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 88417d681406fde13a06e5bfbe15752bb0db437d Mon Sep 17 00:00:00 2001 From: "Rep. Mast, Brian J. [R-FL-18]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 649/984] House-8611: Introduced to House --- bills_text/House-8611.txt | 48 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 bills_text/House-8611.txt diff --git a/bills_text/House-8611.txt b/bills_text/House-8611.txt new file mode 100644 index 0000000..eb4e6dc --- /dev/null +++ b/bills_text/House-8611.txt @@ -0,0 +1,48 @@ +116th CONGRESS + 2d Session + H. R. 8611 + + To designate the facility of the United States Postal Service located + at 4755 Southeast Dixie Highway in Port Salerno, Florida, as the + ``Joseph Bullock Post Office Building''. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + October 16, 2020 + + Mr. Mast (for himself, Mr. Rutherford, Mr. Yoho, Mr. Soto, Mr. Dunn, + Mrs. Demings, Mr. Bilirakis, Mr. Webster of Florida, Mr. Diaz-Balart, + Ms. Shalala, Mr. Waltz, Mrs. Murphy of Florida, Mr. Posey, Mr. Spano, + Ms. Castor of Florida, Mr. Buchanan, Mr. Gaetz, Mr. Steube, Ms. +Wasserman Schultz, Mr. Hastings, Ms. Frankel, Mr. Crist, Mr. Lawson of + Florida, Ms. Mucarsel-Powell, Mr. Rooney of Florida, Mr. Deutch, and + Ms. Wilson of Florida) introduced the following bill; which was + referred to the Committee on Oversight and Reform + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 4755 Southeast Dixie Highway in Port Salerno, Florida, as the + ``Joseph Bullock Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. JOSEPH BULLOCK POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 4755 Southeast Dixie Highway in Port Salerno, Florida, shall +be known and designated as the ``Joseph Bullock Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Joseph +Bullock Post Office Building''. + \ No newline at end of file From 1c981eb02d9321219ed63669a4357d05c5e7a9e0 Mon Sep 17 00:00:00 2001 From: "Rep. Mast, Brian J. [R-FL-18]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 650/984] House-8611: Engrossed in House --- bills_text/House-8611.txt | 43 ++++++++++++++++++--------------------- 1 file changed, 20 insertions(+), 23 deletions(-) diff --git a/bills_text/House-8611.txt b/bills_text/House-8611.txt index eb4e6dc..86501c8 100644 --- a/bills_text/House-8611.txt +++ b/bills_text/House-8611.txt @@ -2,30 +2,9 @@ 2d Session H. R. 8611 - To designate the facility of the United States Postal Service located - at 4755 Southeast Dixie Highway in Port Salerno, Florida, as the - ``Joseph Bullock Post Office Building''. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - October 16, 2020 - - Mr. Mast (for himself, Mr. Rutherford, Mr. Yoho, Mr. Soto, Mr. Dunn, - Mrs. Demings, Mr. Bilirakis, Mr. Webster of Florida, Mr. Diaz-Balart, - Ms. Shalala, Mr. Waltz, Mrs. Murphy of Florida, Mr. Posey, Mr. Spano, - Ms. Castor of Florida, Mr. Buchanan, Mr. Gaetz, Mr. Steube, Ms. -Wasserman Schultz, Mr. Hastings, Ms. Frankel, Mr. Crist, Mr. Lawson of - Florida, Ms. Mucarsel-Powell, Mr. Rooney of Florida, Mr. Deutch, and - Ms. Wilson of Florida) introduced the following bill; which was - referred to the Committee on Oversight and Reform - -_______________________________________________________________________ - - A BILL + AN ACT @@ -45,4 +24,22 @@ be known and designated as the ``Joseph Bullock Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph Bullock Post Office Building''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 8611 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 4755 Southeast Dixie Highway in Port Salerno, Florida, as the + ``Joseph Bullock Post Office Building''. From 225e8c9c5e9f848bd3115ef06edcd0cfa8c9c382 Mon Sep 17 00:00:00 2001 From: "Rep. Mast, Brian J. [R-FL-18]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 651/984] House-8611: Enrolled --- bills_text/House-8611.txt | 47 +++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/House-8611.txt b/bills_text/House-8611.txt index 86501c8..2c73aa4 100644 --- a/bills_text/House-8611.txt +++ b/bills_text/House-8611.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - H. R. 8611 + H.R.8611 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 4755 Southeast Dixie Highway in Port Salerno, Florida, as the - ``Joseph Bullock Post Office Building''. +To designate the facility of the United States Postal Service located at + 4755 Southeast Dixie Highway in Port Salerno, Florida, as the ``Joseph + Bullock Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. JOSEPH BULLOCK POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 4755 Southeast Dixie Highway in Port Salerno, Florida, shall be known and designated as the ``Joseph Bullock Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph Bullock Post Office Building''. - Passed the House of Representatives December 10, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 8611 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 4755 Southeast Dixie Highway in Port Salerno, Florida, as the - ``Joseph Bullock Post Office Building''. + Vice President of the United States and + President of the Senate. From b646bc2286619a307c2e60e04fa6f233aa7a537f Mon Sep 17 00:00:00 2001 From: "Rep. DelBene, Suzan K. [D-WA-1]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 652/984] House-8810: Introduced to House --- bills_text/House-8810.txt | 614 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 614 insertions(+) create mode 100644 bills_text/House-8810.txt diff --git a/bills_text/House-8810.txt b/bills_text/House-8810.txt new file mode 100644 index 0000000..d8e9af7 --- /dev/null +++ b/bills_text/House-8810.txt @@ -0,0 +1,614 @@ +116th CONGRESS + 2d Session + H. R. 8810 + + To establish a national program to identify and reduce losses from + landslide hazards, to establish a national 3D Elevation Program, and + for other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + November 24, 2020 + + Ms. DelBene (for herself, Mr. Kilmer, Mr. Heck, Mr. Smith of +Washington, Mr. Cartwright, and Ms. Bonamici) introduced the following +bill; which was referred to the Committee on Natural Resources, and in + addition to the Committee on Science, Space, and Technology, for a + period to be subsequently determined by the Speaker, in each case for +consideration of such provisions as fall within the jurisdiction of the + committee concerned + +_______________________________________________________________________ + + A BILL + + + + To establish a national program to identify and reduce losses from + landslide hazards, to establish a national 3D Elevation Program, and + for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Landslide Preparedness +Act''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) 3D.--The term ``3D'' means 3-dimensional. + (2) 3D elevation data.-- + (A) In general.--The term ``3D elevation data'' + means 3D, high-resolution data obtained using LiDAR, + IfSAR, or other methods over the United States + (including territories and freely associated states). + (B) Inclusions.--The term ``3D elevation data'' + includes terrestrial and bathymetric elevation data. + (3) 3D elevation program.--The term ``3D Elevation + Program'' means the 3D Elevation Program established under + section 5(a). + (4) Freely associated states.--The term ``freely associated + states'' means-- + (A) the Federated States of Micronesia; + (B) the Republic of the Marshall Islands; and + (C) the Republic of Palau. + (5) IfSAR.--The term ``IfSAR'' means interferometric + synthetic aperture radar. + (6) 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). + (7) Lahar.--The term ``lahar'' means a large debris flow of + mostly volcanic material that is-- + (A) often fast-moving; and + (B) a hazard in watersheds downstream of volcanic + peaks. + (8) LiDAR.--The term ``LiDAR'' means light detection and + ranging. + (9) Secretary.--The term ``Secretary'' means the Secretary + of the Interior, acting through the Director of the United + States Geological Survey. + (10) State.--The term ``State'' means-- + (A) a State; and + (B) the District of Columbia. + (11) State office.--The term ``State office'' means any + unit of State government that handles the identification, + mapping, assessment, and research of landslide hazards or + responding to landslide events, including-- + (A) a State geological survey office; + (B) a State department of emergency response; and + (C) a State department of transportation. + (12) Territory.--The term ``territory'' means-- + (A) the Commonwealth of Puerto Rico; + (B) Guam; + (C) American Samoa; + (D) the Commonwealth of the Northern Mariana + Islands; and + (E) the United States Virgin Islands. + +SEC. 3. NATIONAL LANDSLIDE HAZARDS REDUCTION PROGRAM. + + (a) Establishment.--The Secretary shall establish a program, to be +known as the ``National Landslide Hazards Reduction Program'' (referred +to in this section as the ``program'')-- + (1) to identify and understand landslide hazards and risks; + (2) to reduce losses from landslides; + (3) to protect communities at risk of landslide hazards; + and + (4) to help improve communication and emergency + preparedness, including by coordinating with communities and + entities responsible for infrastructure that are at risk of + landslide hazards. + (b) Description of Program.-- + (1) Program activities.--The Secretary, in coordination + with the Interagency Coordinating Committee on Landslide + Hazards established by subsection (c)(1) (referred to in this + section as the ``Committee'') and in coordination with existing + activities of the United States Geological Survey and other + Federal agencies, shall-- + (A) identify, map, assess, and research landslide + hazards; + (B) respond to landslide events; and + (C) in coordination with State offices, units of + local government, territories, freely associated + states, and Indian tribes-- + (i) establish working groups with State + offices, units of local government, + territories, freely associated states, and + Indian tribes to identify regional and local + priorities for researching, identifying, + mapping, and assessing landslide hazards; and + (ii) develop and implement landslide hazard + guidelines for-- + (I) geologists; + (II) geological and geotechnical + engineers; + (III) emergency management + personnel; and + (IV) land use and other + decisionmakers. + (2) National strategy.--Not later than 1 year after the + date of enactment of this Act, and every 5 years thereafter, + the Secretary, in coordination with the Committee, shall + develop and publish a national strategy for landslide hazards, + risk reduction, and response in the United States (including + territories and freely associated states), which shall + include-- + (A) goals and priorities for the program; + (B) priorities for data acquisition, research, + communications, and risk management on landslides and + landslide hazards across relevant Federal agencies; and + (C) a detailed interagency plan, which shall take + into consideration national disaster preparedness, + response, and recovery frameworks, to carry out the + national strategy, including details about the + programs, projects, and budgets that will be used to + implement the national strategy. + (3) National landslide hazards database.--In carrying out + the program, the Secretary, in coordination with State offices, + units of local government, territories, freely associated + states, and Indian tribes, shall develop and maintain a + publicly accessible national landslide hazard and risk + inventory database to compile, maintain, standardize, and + evaluate data regarding-- + (A) landslide hazards and risks; + (B) the impact of landslides on-- + (i) health and safety; + (ii) the economy and infrastructure; and + (iii) the environment; + (C) landslide hazard stabilization; and + (D) reduction of losses from landslides. + (4) Landslide hazard and risk preparedness for + communities.--In carrying out the program, the Secretary, in + coordination with the Secretary of the Army, the Secretary of + Commerce, the Secretary of Homeland Security, the Secretary of + Transportation, and the heads of other relevant Federal + agencies, and in consultation with State offices, units of + local government, territories, freely associated states, and + Indian tribes, shall develop and disseminate-- + (A) landslide planning and risk reduction guidance, + guidelines, maps, tools, and training materials to help + inform State, territorial, freely associated state, + local, and Tribal governments and decisionmakers with + respect to-- + (i) the use and implementation of landslide + hazard assessments; + (ii) the applied use of the database + developed under paragraph (3); + (iii) reducing losses from landslides; and + (iv) resources available for communities + working to improve landslide hazard + preparedness; and + (B) landslide preparedness curricula and training + modules for-- + (i) State, territorial, freely associated + state, local, and Tribal officials; + (ii) Federal, State, territorial, freely + associated state, local, and Tribal emergency + managers; and + (iii) the National Guard. + (5) Debris flow early warning system.--In carrying out the + program, the Secretary, in coordination with the Secretary of + Commerce and the Secretary of Homeland Security, shall expand + the early warning system for debris flow by-- + (A) expanding the early warning system for post- + wildfire debris flow to include recently burned areas + across the western United States; + (B) developing procedures with State, territorial, + freely associated state, local, and Tribal governments + to monitor stormwater drainage in areas with high + debris flow risk; and + (C) identifying high-risk debris flow areas, such + as recently burned land and potential lahar hazard + areas. + (6) Emergency response activities.--In carrying out the + program, the Secretary, in coordination with the Secretary of + Commerce, the Secretary of Homeland Security, the heads of + other relevant Federal agencies, States offices, units of local + government, territories, freely associated states, and Indian + tribes, shall establish and support emergency response + procedures for the rapid deployment of Federal scientists, + equipment, and services to areas impacted by a significant + landslide event-- + (A) to support emergency response efforts and + improve the safety of emergency responders; + (B) to improve data collection; and + (C) to conduct research to advance the + understanding of the causes, impacts, and reduction of + landslide hazards and risks. + (c) Interagency Coordinating Committee on Landslide Hazards.-- + (1) In general.--There is established a committee, to be + known as the ``Interagency Coordinating Committee on Landslide + Hazards''. + (2) Membership.--The Committee shall be composed of the + following members (or their designees): + (A) The Secretary, who shall serve as Chairperson + of the Committee. + (B) The Secretary of Agriculture. + (C) The Secretary of the Army. + (D) The Secretary of Commerce. + (E) The Secretary of Homeland Security. + (F) The Secretary of Transportation. + (G) The Director of the National Science + Foundation. + (H) The Director of the Office of Science and + Technology Policy. + (I) The Director of the Office of Management and + Budget. + (3) Meetings.--The Committee shall meet at the call of the + Chairperson. + (4) Purpose and duties.--The Committee shall-- + (A) advise and oversee the program; + (B) facilitate communication and coordination + across Federal agencies in the planning, management, + budgeting, and execution of landslide activities; and + (C) support the development and execution of the + national strategy under subsection (b)(2), including + by-- + (i) supporting the development of national + goals and priorities for the national strategy; + (ii) articulating Federal agency roles, + responsibilities, and resources for carrying + out the national strategy; and + (iii) overseeing the implementation of the + national strategy. + (d) Advisory Committee.-- + (1) In general.--The Secretary shall establish an advisory + committee, to be known as the ``Advisory Committee on + Landslides'' (referred to in this subsection as the ``Advisory + Committee''). + (2) Membership.--The Advisory Committee shall be composed + of not fewer than 11 members-- + (A) of whom none may be an individual described in + any of subparagraphs (A) through (F) of section + 7342(a)(1) of title 5, United States Code; and + (B) who shall be representatives of-- + (i) States, including State geological + organizations; + (ii) territories and freely associated + states, including territorial and freely + associated state geological organizations; + (iii) Indian tribes, including Tribal + geological organizations; + (iv) research institutions and institutions + of higher education that are qualified-- + (I) to provide advice regarding + landslide hazard and risk reduction; + and + (II) to represent related + scientific, architectural, engineering, + and planning disciplines; + (v) industry standards development + organizations; and + (vi) State, territorial, freely associated + state, local, and Tribal emergency management + agencies. + (3) Recommendations.-- + (A) In general.--The Advisory Committee shall + submit to the Committee recommendations for the + implementation of the program, including + recommendations regarding-- + (i) landslide hazard and risk reduction and + planning; + (ii) tools for communities; + (iii) research; and + (iv) such other topics as the Advisory + Committee determines appropriate. + (B) Consideration.--The Secretary and the agency + heads described in subparagraphs (B) through (I) of + subsection (c)(2) shall take into consideration any + recommendation of the Advisory Committee submitted + under subparagraph (A). + (e) Grant Programs.-- + (1) Cooperative landslide hazard mapping and assessment + program.-- + (A) In general.--Subject to appropriations, the + Secretary may-- + (i) provide grants, on a competitive basis, + to State, territorial, freely associated state, + local, and Tribal governments to research, map, + assess, and collect data on landslide hazards + within the jurisdictions of those governments; + and + (ii) accept and use funds received from + other Federal and non-Federal partners to + advance the purposes of the program. + (B) Priority.-- + (i) In general.--The Secretary shall + consult annually with the Committee, States, + units of local government, territories, freely + associated states, and Indian tribes to + establish priorities for the grant program + under this paragraph. + (ii) Funding prioritization.--In providing + grants under this paragraph, the Secretary + shall give priority to projects-- + (I) that will achieve the greatest + landslide hazard and risk reduction; + (II) that reflect the goals and + priorities of the national strategy + established under subsection (b)(2)(A); + (III) not less than 50 percent of + the total cost of which is matched by + non-Federal sources; and + (IV) that include acquisition of + enhanced elevation data consistent with + the 3D Elevation Program. + (2) National landslide research grants.-- + (A) In general.--To advance the goals and + priorities of the national strategy established under + subsection (b)(2)(A), subject to appropriations, the + Director of the National Science Foundation (referred + to in this paragraph as the ``Director'') may provide + grants to eligible entities for landslide research, + including research on-- + (i) the causes, mechanisms, triggers, + hydrology, and geology of landslides; + (ii) ways to reduce landslide hazards and + risks to minimize loss of life and property, + including landslide hazard and risk + communication, perception, decisionmaking, + tools, and technologies; and + (iii) other goals and priorities of the + national strategy established under subsection + (b)(2)(A). + (B) Eligible entities.--The Director shall + determine whether an entity is eligible to receive a + grant under this paragraph. + (C) Requirements.--In providing grants under this + paragraph, the Director shall-- + (i) ensure that the grants are provided on + a competitive basis; and + (ii) consider grant applications submitted + by eligible entities that have developed the + application in partnership with one or more + State geological surveys. + (f) Biennial Report.--The Secretary shall submit to Congress and +publish on a publicly available website, a biennial report, including a +description of, with respect to the preceding 2 calendar years-- + (1) the goals and accomplishments of the Secretary and the + agency heads described in subparagraphs (B) through (I) of + subsection (c)(2) in carrying out the national strategy + developed under subsection (b)(2), expressed-- + (A) by agency, program, and budgetary resource; and + (B) by the goals and priorities of the national + strategy established under subsection (b)(2)(A); + (2) the results of the activities of the Committee under + this section; + (3) the extent to which any recommendations of the Advisory + Committee under subsection (d)(3)(A) have been implemented; + (4) the grants provided under this section during the + preceding 2 calendar years, including a description of-- + (A) each activity carried out using such a grant; + and + (B) the results of those activities; and + (5) for each significant landslide event in the United + States (including territories and freely associated states) + during the preceding 2 calendar years-- + (A) a description of the landslide event and the + implications of the event on communities, including + life and property; + (B) recommendations on how the identification of + the landslide risk could have been improved prior to + the event; + (C) a description of the effectiveness of any + warning and risk communication, including the + dissemination of warnings by State, territorial, freely + associated state, local, and Tribal partners in the + affected area; + (D) recommendations to improve risk identification, + reduction, and communication to landowners and units of + local government; + (E) recommendations to improve landslide hazard + preparedness and emergency response activities under + this section; and + (F) such other findings as the Secretary determines + appropriate. + (g) Data for Significant Landslide Events.--Not later than 1 year +after a significant landslide event in the United States (including +territories and freely associated states), the Secretary shall publish +the data described in subsection (f)(5) regarding that event on a +publicly available website. + (h) Funding.--There is authorized to be appropriated to carry out +this section $37,000,000 for each of fiscal years 2021 through 2024, of +which-- + (1) $25,000,000 each fiscal year shall be made available to + the United States Geological Survey; + (2) $11,000,000 each fiscal year shall be made available to + the National Science Foundation; and + (3) $1,000,000 each fiscal year shall be made available to + the National Oceanic and Atmospheric Administration. + +SEC. 4. GROUND SUBSIDENCE. + + As the Secretary determines to be appropriate and subject to +appropriations, the Secretary, through existing programs, shall advance +the identification, mapping, research, monitoring, restoration, and +mitigation of subsidence and groundwater resource accounting, losses +from subsidence, including saltwater intrusion, particularly in areas +affected by drought and sea level rise. + +SEC. 5. 3D ELEVATION PROGRAM. + + (a) Establishment of 3D Elevation Program.-- + (1) In general.--The Secretary shall establish a program, + to be known as the ``3D Elevation Program''-- + (A) to provide 3D elevation data coverage for the + United States; + (B) to coordinate and facilitate the collection, + dissemination, and use of 3D elevation data among + Federal departments and agencies and non-Federal + entities; + (C) to produce standard, publicly accessible 3D + elevation data products for the United States; and + (D) to promote the collection, dissemination, and + use of 3D elevation data among Federal, State, local, + and Tribal governments, communities, institutions of + higher education, and the private sector through-- + (i) cooperative agreements; + (ii) the development and maintenance of + spatial data infrastructure to provide quality + control and deliver to the public 3D elevation + data products; + (iii) in coordination with the 3D Elevation + Federal Interagency Coordinating Committee + established under subsection (b), States, and + industry and standards bodies, the development + of standards and guidelines for 3D elevation + data acquisition to increase accessibility to + 3D elevation data in a standard, easy-to-use + format; and + (iv) the identification, assessment, and + adoption of emerging technologies to improve + the accuracy and efficiency of the 3D Elevation + Program. + (2) Management.-- + (A) In general.--The Secretary shall manage the 3D + Elevation Program-- + (i) to ensure efficiency with respect to + related activities of the Department of the + Interior and other participating Federal + departments and agencies; and + (ii) to meet the needs of Department of the + Interior programs, stakeholders, and the + public. + (B) Other federal departments and agencies.--The + head of each Federal department and agency involved in + the acquisition, production, distribution, or + application of 3D elevation data shall-- + (i) coordinate with the 3D Elevation + Federal Interagency Coordinating Committee + established under subsection (b) to acquire + additional, enhanced 3D elevation data; + (ii) submit to the Secretary a description + of priority areas of interest for 3D elevation + data collection for use in providing grants and + cooperative agreements under subsection (d); + (iii) implement policies and procedures for + data acquisition and sharing that are + consistent with standards and guidelines + developed under the 3D Elevation Program; + (iv) participate in, and share the results + and benefits of, the 3D Elevation Program, in + accordance with standards and guidelines + developed under the 3D Elevation Program; and + (v) ensure that any 3D elevation data + acquired with Federal grant funding-- + (I) meets 3D Elevation Program + standards; and + (II) is included in the national + holdings of those data. + (b) 3D Elevation Federal Interagency Coordinating Committee.-- + (1) Establishment.--The Secretary, in coordination with the + Secretary of Commerce and the Secretary of Homeland Security, + shall establish an interagency coordinating committee, to be + known as the ``3D Elevation Federal Interagency Coordinating + Committee'' (referred to in this subsection as the + ``Committee''), to better coordinate 3D elevation data + management across the Federal Government. + (2) Membership.--The Committee shall be composed of the + following members (or their designees): + (A) The Secretary, who shall serve as Chairperson + of the Committee. + (B) The Secretary of Agriculture. + (C) The Secretary of Commerce. + (D) The Secretary of Homeland Security. + (E) The Director of the National Science + Foundation. + (F) The Director of the Office of Science and + Technology Policy. + (G) The Director of the Office of Management and + Budget. + (H) The head of any other Federal department or + agency, at the request of the Secretary. + (3) Coordination.--The Committee shall coordinate, as + appropriate, with the existing activities of-- + (A) the 3D Elevation Program Executive Forum; + (B) the Alaska Mapping Executive Committee; + (C) the 3D Elevation Working Group; + (D) the 3D National Elevation Subcommittee; and + (E) State offices. + (4) Meetings.--The Committee shall meet at the call of the + Chairperson. + (5) Duties.--The Committee shall-- + (A) oversee the planning, management, and + coordination of the 3D Elevation Program; and + (B) develop, by not later than 1 year after the + date of enactment of this Act, and update periodically + thereafter-- + (i) a strategic plan that establishes goals + and priorities for activities carried out under + the 3D Elevation Program; and + (ii) a detailed management plan to + implement the strategic plan. + (c) Subcommittee of National Geospatial Advisory Committee.-- + (1) Establishment.-- + (A) In general.--The Secretary shall establish, + within the National Geospatial Advisory Committee, a + subcommittee (referred to in this subsection as the + ``Subcommittee''). + (B) Membership.--The Subcommittee shall-- + (i) consist of not fewer than 11 members, + of whom none may be a Federal officer or + employee; and + (ii) include representatives of-- + (I) research and academic + institutions; + (II) industry standards development + organizations; + (III) units of State and local + government; and + (IV) the private sector. + (2) Duties.-- + (A) Assessment.--The Subcommittee shall conduct an + assessment of-- + (i) trends and developments in-- + (I) the collection, dissemination, + and use of 3D elevation data; and + (II) science and technology + relating to 3D elevation data; + (ii) the effectiveness of the 3D Elevation + Program in carrying out the activities + described in subsection (a)(1); + (iii) the need to revise or reorganize the + 3D Elevation Program; and + (iv) the management, coordination, + implementation, and activities of the 3D + Elevation Program. + (B) Report.--Not later than 1 year after the date + of enactment of this Act, and every 2 years thereafter, + the Subcommittee shall submit to the Secretary and the + 3D Elevation Federal Interagency Coordinating Committee + established under subsection (b) a report that + includes-- + (i) the findings of the assessment under + subparagraph (A); and + (ii) recommendations of the Subcommittee + based on those findings, if any. + (d) Grants and Cooperative Agreements.-- + (1) In general.--The Secretary may make grants and enter + into cooperative agreements with other Federal departments and + agencies, units of State, local, or Tribal government, + institutions of higher education, nonprofit research + institutions, or other organizations to facilitate the + improvement of nationwide coverage of 3D elevation data. + (2) Applications.--To be eligible to receive a grant or + enter into a cooperative agreement under this subsection, an + entity described in paragraph (1) shall submit to the Secretary + an application at such time, in such manner, and containing + such information as the Secretary may require. + (3) Terms and conditions.--A grant or cooperative agreement + under this subsection shall be subject to such terms and + conditions as the Secretary determines to be appropriate, + including making data publicly available and interoperable with + other Federal datasets. + (e) Authorization of Appropriations.--For each of the fiscal years +2021 through 2024, there is authorized out of funds appropriated to the +Secretary $40,000,000 to carry out this section. + \ No newline at end of file From 4f89c37276e7bf422dca2e8240cd207a9f204c02 Mon Sep 17 00:00:00 2001 From: "Rep. DelBene, Suzan K. [D-WA-1]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 653/984] House-8810: Engrossed in House --- bills_text/House-8810.txt | 288 ++++++++++++++++++-------------------- 1 file changed, 138 insertions(+), 150 deletions(-) diff --git a/bills_text/House-8810.txt b/bills_text/House-8810.txt index d8e9af7..ce2af04 100644 --- a/bills_text/House-8810.txt +++ b/bills_text/House-8810.txt @@ -1,30 +1,10 @@ 116th CONGRESS 2d Session - H. R. 8810 - - To establish a national program to identify and reduce losses from - landslide hazards, to establish a national 3D Elevation Program, and - for other purposes. - + H.R. 8810 _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - November 24, 2020 - - Ms. DelBene (for herself, Mr. Kilmer, Mr. Heck, Mr. Smith of -Washington, Mr. Cartwright, and Ms. Bonamici) introduced the following -bill; which was referred to the Committee on Natural Resources, and in - addition to the Committee on Science, Space, and Technology, for a - period to be subsequently determined by the Speaker, in each case for -consideration of such provisions as fall within the jurisdiction of the - committee concerned - -_______________________________________________________________________ - - A BILL + AN ACT @@ -48,49 +28,47 @@ SEC. 2. DEFINITIONS. (A) In general.--The term ``3D elevation data'' means 3D, high-resolution data obtained using LiDAR, IfSAR, or other methods over the United States - (including territories and freely associated states). + (including territories). (B) Inclusions.--The term ``3D elevation data'' includes terrestrial and bathymetric elevation data. (3) 3D elevation program.--The term ``3D Elevation Program'' means the 3D Elevation Program established under section 5(a). - (4) Freely associated states.--The term ``freely associated - states'' means-- - (A) the Federated States of Micronesia; - (B) the Republic of the Marshall Islands; and - (C) the Republic of Palau. - (5) IfSAR.--The term ``IfSAR'' means interferometric + (4) IfSAR.--The term ``IfSAR'' means interferometric synthetic aperture radar. - (6) Indian tribe.--The term ``Indian tribe'' has the + (5) 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). - (7) Lahar.--The term ``lahar'' means a large debris flow of + (6) Lahar.--The term ``lahar'' means a large debris flow of mostly volcanic material that is-- (A) often fast-moving; and (B) a hazard in watersheds downstream of volcanic peaks. - (8) LiDAR.--The term ``LiDAR'' means light detection and + (7) LiDAR.--The term ``LiDAR'' means light detection and ranging. - (9) Secretary.--The term ``Secretary'' means the Secretary + (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. - (10) State.--The term ``State'' means-- + (9) State.--The term ``State'' means-- (A) a State; and (B) the District of Columbia. - (11) State office.--The term ``State office'' means any + (10) State office.--The term ``State office'' means any unit of State government that handles the identification, mapping, assessment, and research of landslide hazards or responding to landslide events, including-- (A) a State geological survey office; (B) a State department of emergency response; and (C) a State department of transportation. - (12) Territory.--The term ``territory'' means-- + (11) Territory.--The term ``territory'' means-- (A) the Commonwealth of Puerto Rico; (B) Guam; (C) American Samoa; (D) the Commonwealth of the Northern Mariana - Islands; and - (E) the United States Virgin Islands. + Islands; + (E) the Federated States of Micronesia; + (F) the Republic of the Marshall Islands; + (G) the Republic of Palau; and + (H) the United States Virgin Islands. SEC. 3. NATIONAL LANDSLIDE HAZARDS REDUCTION PROGRAM. @@ -116,14 +94,13 @@ to in this section as the ``program'')-- hazards; (B) respond to landslide events; and (C) in coordination with State offices, units of - local government, territories, freely associated - states, and Indian tribes-- + local government, territories, and Indian tribes-- (i) establish working groups with State offices, units of local government, - territories, freely associated states, and - Indian tribes to identify regional and local - priorities for researching, identifying, - mapping, and assessing landslide hazards; and + territories, and Indian tribes to identify + regional and local priorities for researching, + identifying, mapping, and assessing landslide + hazards; and (ii) develop and implement landslide hazard guidelines for-- (I) geologists; @@ -138,8 +115,7 @@ to in this section as the ``program'')-- the Secretary, in coordination with the Committee, shall develop and publish a national strategy for landslide hazards, risk reduction, and response in the United States (including - territories and freely associated states), which shall - include-- + territories), which shall include-- (A) goals and priorities for the program; (B) priorities for data acquisition, research, communications, and risk management on landslides and @@ -152,11 +128,10 @@ to in this section as the ``program'')-- implement the national strategy. (3) National landslide hazards database.--In carrying out the program, the Secretary, in coordination with State offices, - units of local government, territories, freely associated - states, and Indian tribes, shall develop and maintain a - publicly accessible national landslide hazard and risk - inventory database to compile, maintain, standardize, and - evaluate data regarding-- + units of local government, territories, and Indian tribes, + shall develop and maintain a publicly accessible national + landslide hazard and risk inventory database to compile, + maintain, standardize, and evaluate data regarding-- (A) landslide hazards and risks; (B) the impact of landslides on-- (i) health and safety; @@ -170,13 +145,12 @@ to in this section as the ``program'')-- Commerce, the Secretary of Homeland Security, the Secretary of Transportation, and the heads of other relevant Federal agencies, and in consultation with State offices, units of - local government, territories, freely associated states, and - Indian tribes, shall develop and disseminate-- + local government, territories, and Indian tribes, shall develop + and disseminate-- (A) landslide planning and risk reduction guidance, guidelines, maps, tools, and training materials to help - inform State, territorial, freely associated state, - local, and Tribal governments and decisionmakers with - respect to-- + inform State, territorial, local, and Tribal + governments and decisionmakers with respect to-- (i) the use and implementation of landslide hazard assessments; (ii) the applied use of the database @@ -187,11 +161,10 @@ to in this section as the ``program'')-- preparedness; and (B) landslide preparedness curricula and training modules for-- - (i) State, territorial, freely associated - state, local, and Tribal officials; - (ii) Federal, State, territorial, freely - associated state, local, and Tribal emergency - managers; and + (i) State, territorial, local, and Tribal + officials; + (ii) Federal, State, territorial, local, + and Tribal emergency managers; and (iii) the National Guard. (5) Debris flow early warning system.--In carrying out the program, the Secretary, in coordination with the Secretary of @@ -201,9 +174,8 @@ to in this section as the ``program'')-- wildfire debris flow to include recently burned areas across the western United States; (B) developing procedures with State, territorial, - freely associated state, local, and Tribal governments - to monitor stormwater drainage in areas with high - debris flow risk; and + local, and Tribal governments to monitor stormwater + drainage in areas with high debris flow risk; and (C) identifying high-risk debris flow areas, such as recently burned land and potential lahar hazard areas. @@ -211,11 +183,10 @@ to in this section as the ``program'')-- program, the Secretary, in coordination with the Secretary of Commerce, the Secretary of Homeland Security, the heads of other relevant Federal agencies, States offices, units of local - government, territories, freely associated states, and Indian - tribes, shall establish and support emergency response - procedures for the rapid deployment of Federal scientists, - equipment, and services to areas impacted by a significant - landslide event-- + government, territories, and Indian tribes, shall establish and + support emergency response procedures for the rapid deployment + of Federal scientists, equipment, and services to areas + impacted by a significant landslide event-- (A) to support emergency response efforts and improve the safety of emergency responders; (B) to improve data collection; and @@ -271,9 +242,8 @@ to in this section as the ``program'')-- (B) who shall be representatives of-- (i) States, including State geological organizations; - (ii) territories and freely associated - states, including territorial and freely - associated state geological organizations; + (ii) territories, including territorial + geological organizations; (iii) Indian tribes, including Tribal geological organizations; (iv) research institutions and institutions @@ -286,9 +256,8 @@ to in this section as the ``program'')-- and planning disciplines; (v) industry standards development organizations; and - (vi) State, territorial, freely associated - state, local, and Tribal emergency management - agencies. + (vi) State, territorial, local, and Tribal + emergency management agencies. (3) Recommendations.-- (A) In general.--The Advisory Committee shall submit to the Committee recommendations for the @@ -311,21 +280,19 @@ to in this section as the ``program'')-- (A) In general.--Subject to appropriations, the Secretary may-- (i) provide grants, on a competitive basis, - to State, territorial, freely associated state, - local, and Tribal governments to research, map, - assess, and collect data on landslide hazards - within the jurisdictions of those governments; - and + to State, territorial, local, and Tribal + governments to research, map, assess, and + collect data on landslide hazards within the + jurisdictions of those governments; and (ii) accept and use funds received from other Federal and non-Federal partners to advance the purposes of the program. (B) Priority.-- (i) In general.--The Secretary shall consult annually with the Committee, States, - units of local government, territories, freely - associated states, and Indian tribes to - establish priorities for the grant program - under this paragraph. + units of local government, territories, and + Indian tribes to establish priorities for the + grant program under this paragraph. (ii) Funding prioritization.--In providing grants under this paragraph, the Secretary shall give priority to projects-- @@ -340,6 +307,12 @@ to in this section as the ``program'')-- (IV) that include acquisition of enhanced elevation data consistent with the 3D Elevation Program. + (C) Requirement.--If the Secretary elects to + provide grants under subparagraph (A)(i), the Secretary + shall publish on a publicly available website a + description of-- + (i) the grants; and + (ii) the findings made from those grants. (2) National landslide research grants.-- (A) In general.--To advance the goals and priorities of the national strategy established under @@ -364,75 +337,68 @@ to in this section as the ``program'')-- (C) Requirements.--In providing grants under this paragraph, the Director shall-- (i) ensure that the grants are provided on - a competitive basis; and + a competitive basis; (ii) consider grant applications submitted by eligible entities that have developed the - application in partnership with one or more - State geological surveys. - (f) Biennial Report.--The Secretary shall submit to Congress and -publish on a publicly available website, a biennial report, including a -description of, with respect to the preceding 2 calendar years-- - (1) the goals and accomplishments of the Secretary and the - agency heads described in subparagraphs (B) through (I) of - subsection (c)(2) in carrying out the national strategy - developed under subsection (b)(2), expressed-- - (A) by agency, program, and budgetary resource; and - (B) by the goals and priorities of the national - strategy established under subsection (b)(2)(A); + application in partnership with 1 or more State + geological surveys; and + (iii) publish on a publicly available + website a description of-- + (I) the grants; and + (II) the findings made from those + grants. + (f) Biennial Report.--Through calendar year 2030, the Secretary +shall submit to Congress a biennial report, including a description of, +with respect to the 2-calendar-year period preceding the date of the +report-- + (1) the goals and accomplishments of the Committee in + carrying out the national strategy developed under subsection + (b)(2); (2) the results of the activities of the Committee under - this section; + this section; and (3) the extent to which any recommendations of the Advisory - Committee under subsection (d)(3)(A) have been implemented; - (4) the grants provided under this section during the - preceding 2 calendar years, including a description of-- - (A) each activity carried out using such a grant; - and - (B) the results of those activities; and - (5) for each significant landslide event in the United - States (including territories and freely associated states) - during the preceding 2 calendar years-- - (A) a description of the landslide event and the - implications of the event on communities, including - life and property; - (B) recommendations on how the identification of - the landslide risk could have been improved prior to - the event; - (C) a description of the effectiveness of any - warning and risk communication, including the - dissemination of warnings by State, territorial, freely - associated state, local, and Tribal partners in the - affected area; - (D) recommendations to improve risk identification, - reduction, and communication to landowners and units of - local government; - (E) recommendations to improve landslide hazard - preparedness and emergency response activities under - this section; and - (F) such other findings as the Secretary determines - appropriate. - (g) Data for Significant Landslide Events.--Not later than 1 year -after a significant landslide event in the United States (including -territories and freely associated states), the Secretary shall publish -the data described in subsection (f)(5) regarding that event on a -publicly available website. - (h) Funding.--There is authorized to be appropriated to carry out -this section $37,000,000 for each of fiscal years 2021 through 2024, of -which-- - (1) $25,000,000 each fiscal year shall be made available to - the United States Geological Survey; - (2) $11,000,000 each fiscal year shall be made available to - the National Science Foundation; and - (3) $1,000,000 each fiscal year shall be made available to - the National Oceanic and Atmospheric Administration. + Committee under subsection (d)(3)(A) have been implemented. + (g) Significant Events.--Not later than 1 year after a significant +landslide event in the United States (including territories) occurs, +the Secretary shall publish on a publicly available website-- + (1) a description of the landslide event and the + implications of the event on communities, including life and + property; + (2) recommendations on how the identification of the + landslide risk could have been improved prior to the event; + (3) a description of the effectiveness of any warning and + risk communication, including the dissemination of warnings by + State, territorial, local, and Tribal partners in the affected + area; + (4) recommendations to improve risk identification, + reduction, and communication to landowners and units of local + government; + (5) recommendations to improve landslide hazard + preparedness and emergency response activities under this + section; and + (6) such other findings as the Secretary determines + appropriate. + (h) Funding.--For each of fiscal years 2021 through 2024-- + (1) there is authorized to be appropriated to the United + States Geological Survey, $25,000,000 to carry out this + section; + (2) there is authorized to be appropriated to the National + Science Foundation, $11,000,000 to carry out this section; and + (3) there is authorized to be appropriated to the National + Oceanic and Atmospheric Administration, $1,000,000 to carry out + this section. + (i) Derivation of Funds.--Funds to carry out the activities under +this section shall be derived from amounts authorized to be +appropriated that are enacted after the date of the enactment of this +section. SEC. 4. GROUND SUBSIDENCE. As the Secretary determines to be appropriate and subject to appropriations, the Secretary, through existing programs, shall advance -the identification, mapping, research, monitoring, restoration, and -mitigation of subsidence and groundwater resource accounting, losses -from subsidence, including saltwater intrusion, particularly in areas -affected by drought and sea level rise. +the identification, mapping, research, and monitoring of subsidence and +groundwater resource accounting, particularly in areas affected by +drought. SEC. 5. 3D ELEVATION PROGRAM. @@ -606,9 +572,31 @@ SEC. 5. 3D ELEVATION PROGRAM. (3) Terms and conditions.--A grant or cooperative agreement under this subsection shall be subject to such terms and conditions as the Secretary determines to be appropriate, - including making data publicly available and interoperable with - other Federal datasets. - (e) Authorization of Appropriations.--For each of the fiscal years -2021 through 2024, there is authorized out of funds appropriated to the -Secretary $40,000,000 to carry out this section. - \ No newline at end of file + including making data publically available and interoperable + with other Federal datasets. + (e) Funding.--For each of fiscal years 2021 through 2024, there is +authorized to be appropriated to the Secretary $40,000,000 to carry out +this section. + (f) Derivation of Funds.--Funds to carry out the activities under +this section shall be derived from amounts authorized to be +appropriated to the Secretary that are enacted after the date of the +enactment of this section. + + Passed the House of Representatives December 3, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H.R. 8810 + +_______________________________________________________________________ + + AN ACT + + To establish a national program to identify and reduce losses from + landslide hazards, to establish a national 3D Elevation Program, and + for other purposes. From c2fa5f57f49128dc21c10d264a99b7b89f000ef8 Mon Sep 17 00:00:00 2001 From: "Rep. DelBene, Suzan K. [D-WA-1]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 654/984] House-8810: Received in Senate --- bills_text/House-8810.txt | 27 +++++++++++++-------------- 1 file changed, 13 insertions(+), 14 deletions(-) diff --git a/bills_text/House-8810.txt b/bills_text/House-8810.txt index ce2af04..4041f37 100644 --- a/bills_text/House-8810.txt +++ b/bills_text/House-8810.txt @@ -1,6 +1,16 @@ 116th CONGRESS 2d Session - H.R. 8810 + H.R. 8810 + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 7, 2020 + + Received _______________________________________________________________________ @@ -586,17 +596,6 @@ enactment of this section. Attest: - Clerk. -116th CONGRESS - - 2d Session - - H.R. 8810 - -_______________________________________________________________________ - - AN ACT + CHERYL L. JOHNSON, - To establish a national program to identify and reduce losses from - landslide hazards, to establish a national 3D Elevation Program, and - for other purposes. + Clerk. From 452059dd3a2d1087f0e027154067a892e1dfd611 Mon Sep 17 00:00:00 2001 From: "Rep. DelBene, Suzan K. [D-WA-1]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 655/984] House-8810: Enrolled --- bills_text/House-8810.txt | 1018 +++++++++++++++++-------------------- 1 file changed, 476 insertions(+), 542 deletions(-) diff --git a/bills_text/House-8810.txt b/bills_text/House-8810.txt index 4041f37..674b188 100644 --- a/bills_text/House-8810.txt +++ b/bills_text/House-8810.txt @@ -1,589 +1,526 @@ -116th CONGRESS - 2d Session - H.R. 8810 + H.R.8810 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 7, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act - To establish a national program to identify and reduce losses from - landslide hazards, to establish a national 3D Elevation Program, and - for other purposes. + To establish a national program to identify and reduce losses from +landslide hazards, to establish a national 3D Elevation Program, and for + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``National Landslide Preparedness Act''. - SEC. 2. DEFINITIONS. - In this Act: - (1) 3D.--The term ``3D'' means 3-dimensional. - (2) 3D elevation data.-- - (A) In general.--The term ``3D elevation data'' - means 3D, high-resolution data obtained using LiDAR, - IfSAR, or other methods over the United States - (including territories). - (B) Inclusions.--The term ``3D elevation data'' - includes terrestrial and bathymetric elevation data. - (3) 3D elevation program.--The term ``3D Elevation - Program'' means the 3D Elevation Program established under - section 5(a). - (4) IfSAR.--The term ``IfSAR'' means interferometric - synthetic aperture radar. - (5) 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). - (6) Lahar.--The term ``lahar'' means a large debris flow of - mostly volcanic material that is-- - (A) often fast-moving; and - (B) a hazard in watersheds downstream of volcanic - peaks. - (7) LiDAR.--The term ``LiDAR'' means light detection and - ranging. - (8) Secretary.--The term ``Secretary'' means the Secretary - of the Interior, acting through the Director of the United - States Geological Survey. - (9) State.--The term ``State'' means-- - (A) a State; and - (B) the District of Columbia. - (10) State office.--The term ``State office'' means any - unit of State government that handles the identification, - mapping, assessment, and research of landslide hazards or - responding to landslide events, including-- - (A) a State geological survey office; - (B) a State department of emergency response; and - (C) a State department of transportation. - (11) Territory.--The term ``territory'' means-- - (A) the Commonwealth of Puerto Rico; - (B) Guam; - (C) American Samoa; - (D) the Commonwealth of the Northern Mariana - Islands; - (E) the Federated States of Micronesia; - (F) the Republic of the Marshall Islands; - (G) the Republic of Palau; and - (H) the United States Virgin Islands. - + (1) 3D.--The term ``3D'' means 3-dimensional. + (2) 3D elevation data.-- + (A) In general.--The term ``3D elevation data'' means 3D, + high-resolution data obtained using LiDAR, IfSAR, or other + methods over the United States (including territories). + (B) Inclusions.--The term ``3D elevation data'' includes + terrestrial and bathymetric elevation data. + (3) 3D elevation program.--The term ``3D Elevation Program'' + means the 3D Elevation Program established under section 5(a). + (4) IfSAR.--The term ``IfSAR'' means interferometric synthetic + aperture radar. + (5) 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). + (6) Lahar.--The term ``lahar'' means a large debris flow of + mostly volcanic material that is-- + (A) often fast-moving; and + (B) a hazard in watersheds downstream of volcanic peaks. + (7) LiDAR.--The term ``LiDAR'' means light detection and + ranging. + (8) Secretary.--The term ``Secretary'' means the Secretary of + the Interior, acting through the Director of the United States + Geological Survey. + (9) State.--The term ``State'' means-- + (A) a State; and + (B) the District of Columbia. + (10) State office.--The term ``State office'' means any unit of + State government that handles the identification, mapping, + assessment, and research of landslide hazards or responding to + landslide events, including-- + (A) a State geological survey office; + (B) a State department of emergency response; and + (C) a State department of transportation. + (11) Territory.--The term ``territory'' means-- + (A) the Commonwealth of Puerto Rico; + (B) Guam; + (C) American Samoa; + (D) the Commonwealth of the Northern Mariana Islands; + (E) the Federated States of Micronesia; + (F) the Republic of the Marshall Islands; + (G) the Republic of Palau; and + (H) the United States Virgin Islands. SEC. 3. NATIONAL LANDSLIDE HAZARDS REDUCTION PROGRAM. - (a) Establishment.--The Secretary shall establish a program, to be known as the ``National Landslide Hazards Reduction Program'' (referred to in this section as the ``program'')-- - (1) to identify and understand landslide hazards and risks; - (2) to reduce losses from landslides; - (3) to protect communities at risk of landslide hazards; - and - (4) to help improve communication and emergency - preparedness, including by coordinating with communities and - entities responsible for infrastructure that are at risk of - landslide hazards. + (1) to identify and understand landslide hazards and risks; + (2) to reduce losses from landslides; + (3) to protect communities at risk of landslide hazards; and + (4) to help improve communication and emergency preparedness, + including by coordinating with communities and entities responsible + for infrastructure that are at risk of landslide hazards. (b) Description of Program.-- - (1) Program activities.--The Secretary, in coordination - with the Interagency Coordinating Committee on Landslide - Hazards established by subsection (c)(1) (referred to in this - section as the ``Committee'') and in coordination with existing - activities of the United States Geological Survey and other - Federal agencies, shall-- - (A) identify, map, assess, and research landslide - hazards; - (B) respond to landslide events; and - (C) in coordination with State offices, units of - local government, territories, and Indian tribes-- - (i) establish working groups with State - offices, units of local government, - territories, and Indian tribes to identify - regional and local priorities for researching, - identifying, mapping, and assessing landslide - hazards; and - (ii) develop and implement landslide hazard - guidelines for-- - (I) geologists; - (II) geological and geotechnical - engineers; - (III) emergency management - personnel; and - (IV) land use and other - decisionmakers. - (2) National strategy.--Not later than 1 year after the - date of enactment of this Act, and every 5 years thereafter, - the Secretary, in coordination with the Committee, shall - develop and publish a national strategy for landslide hazards, - risk reduction, and response in the United States (including - territories), which shall include-- - (A) goals and priorities for the program; - (B) priorities for data acquisition, research, - communications, and risk management on landslides and - landslide hazards across relevant Federal agencies; and - (C) a detailed interagency plan, which shall take - into consideration national disaster preparedness, - response, and recovery frameworks, to carry out the - national strategy, including details about the - programs, projects, and budgets that will be used to - implement the national strategy. - (3) National landslide hazards database.--In carrying out - the program, the Secretary, in coordination with State offices, - units of local government, territories, and Indian tribes, - shall develop and maintain a publicly accessible national - landslide hazard and risk inventory database to compile, - maintain, standardize, and evaluate data regarding-- - (A) landslide hazards and risks; - (B) the impact of landslides on-- - (i) health and safety; - (ii) the economy and infrastructure; and - (iii) the environment; - (C) landslide hazard stabilization; and - (D) reduction of losses from landslides. - (4) Landslide hazard and risk preparedness for - communities.--In carrying out the program, the Secretary, in - coordination with the Secretary of the Army, the Secretary of - Commerce, the Secretary of Homeland Security, the Secretary of - Transportation, and the heads of other relevant Federal - agencies, and in consultation with State offices, units of - local government, territories, and Indian tribes, shall develop - and disseminate-- - (A) landslide planning and risk reduction guidance, - guidelines, maps, tools, and training materials to help - inform State, territorial, local, and Tribal - governments and decisionmakers with respect to-- - (i) the use and implementation of landslide - hazard assessments; - (ii) the applied use of the database - developed under paragraph (3); - (iii) reducing losses from landslides; and - (iv) resources available for communities - working to improve landslide hazard - preparedness; and - (B) landslide preparedness curricula and training - modules for-- - (i) State, territorial, local, and Tribal - officials; - (ii) Federal, State, territorial, local, - and Tribal emergency managers; and - (iii) the National Guard. - (5) Debris flow early warning system.--In carrying out the - program, the Secretary, in coordination with the Secretary of - Commerce and the Secretary of Homeland Security, shall expand - the early warning system for debris flow by-- - (A) expanding the early warning system for post- - wildfire debris flow to include recently burned areas - across the western United States; - (B) developing procedures with State, territorial, - local, and Tribal governments to monitor stormwater - drainage in areas with high debris flow risk; and - (C) identifying high-risk debris flow areas, such - as recently burned land and potential lahar hazard - areas. - (6) Emergency response activities.--In carrying out the - program, the Secretary, in coordination with the Secretary of - Commerce, the Secretary of Homeland Security, the heads of - other relevant Federal agencies, States offices, units of local - government, territories, and Indian tribes, shall establish and - support emergency response procedures for the rapid deployment - of Federal scientists, equipment, and services to areas - impacted by a significant landslide event-- - (A) to support emergency response efforts and - improve the safety of emergency responders; - (B) to improve data collection; and - (C) to conduct research to advance the - understanding of the causes, impacts, and reduction of - landslide hazards and risks. + (1) Program activities.--The Secretary, in coordination with + the Interagency Coordinating Committee on Landslide Hazards + established by subsection (c)(1) (referred to in this section as + the ``Committee'') and in coordination with existing activities of + the United States Geological Survey and other Federal agencies, + shall-- + (A) identify, map, assess, and research landslide hazards; + (B) respond to landslide events; and + (C) in coordination with State offices, units of local + government, territories, and Indian tribes-- + (i) establish working groups with State offices, units + of local government, territories, and Indian tribes to + identify regional and local priorities for researching, + identifying, mapping, and assessing landslide hazards; and + (ii) develop and implement landslide hazard guidelines + for-- + + (I) geologists; + (II) geological and geotechnical engineers; + (III) emergency management personnel; and + (IV) land use and other decisionmakers. + + (2) National strategy.--Not later than 1 year after the date of + enactment of this Act, and every 5 years thereafter, the Secretary, + in coordination with the Committee, shall develop and publish a + national strategy for landslide hazards, risk reduction, and + response in the United States (including territories), which shall + include-- + (A) goals and priorities for the program; + (B) priorities for data acquisition, research, + communications, and risk management on landslides and landslide + hazards across relevant Federal agencies; and + (C) a detailed interagency plan, which shall take into + consideration national disaster preparedness, response, and + recovery frameworks, to carry out the national strategy, + including details about the programs, projects, and budgets + that will be used to implement the national strategy. + (3) National landslide hazards database.--In carrying out the + program, the Secretary, in coordination with State offices, units + of local government, territories, and Indian tribes, shall develop + and maintain a publicly accessible national landslide hazard and + risk inventory database to compile, maintain, standardize, and + evaluate data regarding-- + (A) landslide hazards and risks; + (B) the impact of landslides on-- + (i) health and safety; + (ii) the economy and infrastructure; and + (iii) the environment; + (C) landslide hazard stabilization; and + (D) reduction of losses from landslides. + (4) Landslide hazard and risk preparedness for communities.--In + carrying out the program, the Secretary, in coordination with the + Secretary of the Army, the Secretary of Commerce, the Secretary of + Homeland Security, the Secretary of Transportation, and the heads + of other relevant Federal agencies, and in consultation with State + offices, units of local government, territories, and Indian tribes, + shall develop and disseminate-- + (A) landslide planning and risk reduction guidance, + guidelines, maps, tools, and training materials to help inform + State, territorial, local, and Tribal governments and + decisionmakers with respect to-- + (i) the use and implementation of landslide hazard + assessments; + (ii) the applied use of the database developed under + paragraph (3); + (iii) reducing losses from landslides; and + (iv) resources available for communities working to + improve landslide hazard preparedness; and + (B) landslide preparedness curricula and training modules + for-- + (i) State, territorial, local, and Tribal officials; + (ii) Federal, State, territorial, local, and Tribal + emergency managers; and + (iii) the National Guard. + (5) Debris flow early warning system.--In carrying out the + program, the Secretary, in coordination with the Secretary of + Commerce and the Secretary of Homeland Security, shall expand the + early warning system for debris flow by-- + (A) expanding the early warning system for post-wildfire + debris flow to include recently burned areas across the western + United States; + (B) developing procedures with State, territorial, local, + and Tribal governments to monitor stormwater drainage in areas + with high debris flow risk; and + (C) identifying high-risk debris flow areas, such as + recently burned land and potential lahar hazard areas. + (6) Emergency response activities.--In carrying out the + program, the Secretary, in coordination with the Secretary of + Commerce, the Secretary of Homeland Security, the heads of other + relevant Federal agencies, States offices, units of local + government, territories, and Indian tribes, shall establish and + support emergency response procedures for the rapid deployment of + Federal scientists, equipment, and services to areas impacted by a + significant landslide event-- + (A) to support emergency response efforts and improve the + safety of emergency responders; + (B) to improve data collection; and + (C) to conduct research to advance the understanding of the + causes, impacts, and reduction of landslide hazards and risks. (c) Interagency Coordinating Committee on Landslide Hazards.-- - (1) In general.--There is established a committee, to be - known as the ``Interagency Coordinating Committee on Landslide - Hazards''. - (2) Membership.--The Committee shall be composed of the - following members (or their designees): - (A) The Secretary, who shall serve as Chairperson - of the Committee. - (B) The Secretary of Agriculture. - (C) The Secretary of the Army. - (D) The Secretary of Commerce. - (E) The Secretary of Homeland Security. - (F) The Secretary of Transportation. - (G) The Director of the National Science - Foundation. - (H) The Director of the Office of Science and - Technology Policy. - (I) The Director of the Office of Management and - Budget. - (3) Meetings.--The Committee shall meet at the call of the - Chairperson. - (4) Purpose and duties.--The Committee shall-- - (A) advise and oversee the program; - (B) facilitate communication and coordination - across Federal agencies in the planning, management, - budgeting, and execution of landslide activities; and - (C) support the development and execution of the - national strategy under subsection (b)(2), including - by-- - (i) supporting the development of national - goals and priorities for the national strategy; - (ii) articulating Federal agency roles, - responsibilities, and resources for carrying - out the national strategy; and - (iii) overseeing the implementation of the - national strategy. + (1) In general.--There is established a committee, to be known + as the ``Interagency Coordinating Committee on Landslide Hazards''. + (2) Membership.--The Committee shall be composed of the + following members (or their designees): + (A) The Secretary, who shall serve as Chairperson of the + Committee. + (B) The Secretary of Agriculture. + (C) The Secretary of the Army. + (D) The Secretary of Commerce. + (E) The Secretary of Homeland Security. + (F) The Secretary of Transportation. + (G) The Director of the National Science Foundation. + (H) The Director of the Office of Science and Technology + Policy. + (I) The Director of the Office of Management and Budget. + (3) Meetings.--The Committee shall meet at the call of the + Chairperson. + (4) Purpose and duties.--The Committee shall-- + (A) advise and oversee the program; + (B) facilitate communication and coordination across + Federal agencies in the planning, management, budgeting, and + execution of landslide activities; and + (C) support the development and execution of the national + strategy under subsection (b)(2), including by-- + (i) supporting the development of national goals and + priorities for the national strategy; + (ii) articulating Federal agency roles, + responsibilities, and resources for carrying out the + national strategy; and + (iii) overseeing the implementation of the national + strategy. (d) Advisory Committee.-- - (1) In general.--The Secretary shall establish an advisory - committee, to be known as the ``Advisory Committee on - Landslides'' (referred to in this subsection as the ``Advisory - Committee''). - (2) Membership.--The Advisory Committee shall be composed - of not fewer than 11 members-- - (A) of whom none may be an individual described in - any of subparagraphs (A) through (F) of section - 7342(a)(1) of title 5, United States Code; and - (B) who shall be representatives of-- - (i) States, including State geological - organizations; - (ii) territories, including territorial - geological organizations; - (iii) Indian tribes, including Tribal - geological organizations; - (iv) research institutions and institutions - of higher education that are qualified-- - (I) to provide advice regarding - landslide hazard and risk reduction; - and - (II) to represent related - scientific, architectural, engineering, - and planning disciplines; - (v) industry standards development - organizations; and - (vi) State, territorial, local, and Tribal - emergency management agencies. - (3) Recommendations.-- - (A) In general.--The Advisory Committee shall - submit to the Committee recommendations for the - implementation of the program, including - recommendations regarding-- - (i) landslide hazard and risk reduction and - planning; - (ii) tools for communities; - (iii) research; and - (iv) such other topics as the Advisory - Committee determines appropriate. - (B) Consideration.--The Secretary and the agency - heads described in subparagraphs (B) through (I) of - subsection (c)(2) shall take into consideration any - recommendation of the Advisory Committee submitted - under subparagraph (A). + (1) In general.--The Secretary shall establish an advisory + committee, to be known as the ``Advisory Committee on Landslides'' + (referred to in this subsection as the ``Advisory Committee''). + (2) Membership.--The Advisory Committee shall be composed of + not fewer than 11 members-- + (A) of whom none may be an individual described in any of + subparagraphs (A) through (F) of section 7342(a)(1) of title 5, + United States Code; and + (B) who shall be representatives of-- + (i) States, including State geological organizations; + (ii) territories, including territorial geological + organizations; + (iii) Indian tribes, including Tribal geological + organizations; + (iv) research institutions and institutions of higher + education that are qualified-- + + (I) to provide advice regarding landslide hazard + and risk reduction; and + (II) to represent related scientific, + architectural, engineering, and planning disciplines; + + (v) industry standards development organizations; and + (vi) State, territorial, local, and Tribal emergency + management agencies. + (3) Recommendations.-- + (A) In general.--The Advisory Committee shall submit to the + Committee recommendations for the implementation of the + program, including recommendations regarding-- + (i) landslide hazard and risk reduction and planning; + (ii) tools for communities; + (iii) research; and + (iv) such other topics as the Advisory Committee + determines appropriate. + (B) Consideration.--The Secretary and the agency heads + described in subparagraphs (B) through (I) of subsection (c)(2) + shall take into consideration any recommendation of the + Advisory Committee submitted under subparagraph (A). (e) Grant Programs.-- - (1) Cooperative landslide hazard mapping and assessment - program.-- - (A) In general.--Subject to appropriations, the - Secretary may-- - (i) provide grants, on a competitive basis, - to State, territorial, local, and Tribal - governments to research, map, assess, and - collect data on landslide hazards within the - jurisdictions of those governments; and - (ii) accept and use funds received from - other Federal and non-Federal partners to - advance the purposes of the program. - (B) Priority.-- - (i) In general.--The Secretary shall - consult annually with the Committee, States, - units of local government, territories, and - Indian tribes to establish priorities for the - grant program under this paragraph. - (ii) Funding prioritization.--In providing - grants under this paragraph, the Secretary - shall give priority to projects-- - (I) that will achieve the greatest - landslide hazard and risk reduction; - (II) that reflect the goals and - priorities of the national strategy - established under subsection (b)(2)(A); - (III) not less than 50 percent of - the total cost of which is matched by - non-Federal sources; and - (IV) that include acquisition of - enhanced elevation data consistent with - the 3D Elevation Program. - (C) Requirement.--If the Secretary elects to - provide grants under subparagraph (A)(i), the Secretary - shall publish on a publicly available website a - description of-- - (i) the grants; and - (ii) the findings made from those grants. - (2) National landslide research grants.-- - (A) In general.--To advance the goals and - priorities of the national strategy established under - subsection (b)(2)(A), subject to appropriations, the - Director of the National Science Foundation (referred - to in this paragraph as the ``Director'') may provide - grants to eligible entities for landslide research, - including research on-- - (i) the causes, mechanisms, triggers, - hydrology, and geology of landslides; - (ii) ways to reduce landslide hazards and - risks to minimize loss of life and property, - including landslide hazard and risk - communication, perception, decisionmaking, - tools, and technologies; and - (iii) other goals and priorities of the - national strategy established under subsection - (b)(2)(A). - (B) Eligible entities.--The Director shall - determine whether an entity is eligible to receive a - grant under this paragraph. - (C) Requirements.--In providing grants under this - paragraph, the Director shall-- - (i) ensure that the grants are provided on - a competitive basis; - (ii) consider grant applications submitted - by eligible entities that have developed the - application in partnership with 1 or more State - geological surveys; and - (iii) publish on a publicly available - website a description of-- - (I) the grants; and - (II) the findings made from those - grants. + (1) Cooperative landslide hazard mapping and assessment + program.-- + (A) In general.--Subject to appropriations, the Secretary + may-- + (i) provide grants, on a competitive basis, to State, + territorial, local, and Tribal governments to research, + map, assess, and collect data on landslide hazards within + the jurisdictions of those governments; and + (ii) accept and use funds received from other Federal + and non-Federal partners to advance the purposes of the + program. + (B) Priority.-- + (i) In general.--The Secretary shall consult annually + with the Committee, States, units of local government, + territories, and Indian tribes to establish priorities for + the grant program under this paragraph. + (ii) Funding prioritization.--In providing grants under + this paragraph, the Secretary shall give priority to + projects-- + + (I) that will achieve the greatest landslide hazard + and risk reduction; + (II) that reflect the goals and priorities of the + national strategy established under subsection + (b)(2)(A); + (III) not less than 50 percent of the total cost of + which is matched by non-Federal sources; and + (IV) that include acquisition of enhanced elevation + data consistent with the 3D Elevation Program. + + (C) Requirement.--If the Secretary elects to provide grants + under subparagraph (A)(i), the Secretary shall publish on a + publicly available website a description of-- + (i) the grants; and + (ii) the findings made from those grants. + (2) National landslide research grants.-- + (A) In general.--To advance the goals and priorities of the + national strategy established under subsection (b)(2)(A), + subject to appropriations, the Director of the National Science + Foundation (referred to in this paragraph as the ``Director'') + may provide grants to eligible entities for landslide research, + including research on-- + (i) the causes, mechanisms, triggers, hydrology, and + geology of landslides; + (ii) ways to reduce landslide hazards and risks to + minimize loss of life and property, including landslide + hazard and risk communication, perception, decisionmaking, + tools, and technologies; and + (iii) other goals and priorities of the national + strategy established under subsection (b)(2)(A). + (B) Eligible entities.--The Director shall determine + whether an entity is eligible to receive a grant under this + paragraph. + (C) Requirements.--In providing grants under this + paragraph, the Director shall-- + (i) ensure that the grants are provided on a + competitive basis; + (ii) consider grant applications submitted by eligible + entities that have developed the application in partnership + with 1 or more State geological surveys; and + (iii) publish on a publicly available website a + description of-- + + (I) the grants; and + (II) the findings made from those grants. + (f) Biennial Report.--Through calendar year 2030, the Secretary shall submit to Congress a biennial report, including a description of, with respect to the 2-calendar-year period preceding the date of the report-- - (1) the goals and accomplishments of the Committee in - carrying out the national strategy developed under subsection - (b)(2); - (2) the results of the activities of the Committee under - this section; and - (3) the extent to which any recommendations of the Advisory - Committee under subsection (d)(3)(A) have been implemented. + (1) the goals and accomplishments of the Committee in carrying + out the national strategy developed under subsection (b)(2); + (2) the results of the activities of the Committee under this + section; and + (3) the extent to which any recommendations of the Advisory + Committee under subsection (d)(3)(A) have been implemented. (g) Significant Events.--Not later than 1 year after a significant landslide event in the United States (including territories) occurs, the Secretary shall publish on a publicly available website-- - (1) a description of the landslide event and the - implications of the event on communities, including life and - property; - (2) recommendations on how the identification of the - landslide risk could have been improved prior to the event; - (3) a description of the effectiveness of any warning and - risk communication, including the dissemination of warnings by - State, territorial, local, and Tribal partners in the affected - area; - (4) recommendations to improve risk identification, - reduction, and communication to landowners and units of local - government; - (5) recommendations to improve landslide hazard - preparedness and emergency response activities under this - section; and - (6) such other findings as the Secretary determines - appropriate. + (1) a description of the landslide event and the implications + of the event on communities, including life and property; + (2) recommendations on how the identification of the landslide + risk could have been improved prior to the event; + (3) a description of the effectiveness of any warning and risk + communication, including the dissemination of warnings by State, + territorial, local, and Tribal partners in the affected area; + (4) recommendations to improve risk identification, reduction, + and communication to landowners and units of local government; + (5) recommendations to improve landslide hazard preparedness + and emergency response activities under this section; and + (6) such other findings as the Secretary determines + appropriate. (h) Funding.--For each of fiscal years 2021 through 2024-- - (1) there is authorized to be appropriated to the United - States Geological Survey, $25,000,000 to carry out this - section; - (2) there is authorized to be appropriated to the National - Science Foundation, $11,000,000 to carry out this section; and - (3) there is authorized to be appropriated to the National - Oceanic and Atmospheric Administration, $1,000,000 to carry out - this section. + (1) there is authorized to be appropriated to the United States + Geological Survey, $25,000,000 to carry out this section; + (2) there is authorized to be appropriated to the National + Science Foundation, $11,000,000 to carry out this section; and + (3) there is authorized to be appropriated to the National + Oceanic and Atmospheric Administration, $1,000,000 to carry out + this section. (i) Derivation of Funds.--Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated that are enacted after the date of the enactment of this section. - SEC. 4. GROUND SUBSIDENCE. - As the Secretary determines to be appropriate and subject to appropriations, the Secretary, through existing programs, shall advance the identification, mapping, research, and monitoring of subsidence and groundwater resource accounting, particularly in areas affected by drought. - SEC. 5. 3D ELEVATION PROGRAM. - (a) Establishment of 3D Elevation Program.-- - (1) In general.--The Secretary shall establish a program, - to be known as the ``3D Elevation Program''-- - (A) to provide 3D elevation data coverage for the - United States; - (B) to coordinate and facilitate the collection, - dissemination, and use of 3D elevation data among - Federal departments and agencies and non-Federal - entities; - (C) to produce standard, publicly accessible 3D - elevation data products for the United States; and - (D) to promote the collection, dissemination, and - use of 3D elevation data among Federal, State, local, - and Tribal governments, communities, institutions of - higher education, and the private sector through-- - (i) cooperative agreements; - (ii) the development and maintenance of - spatial data infrastructure to provide quality - control and deliver to the public 3D elevation - data products; - (iii) in coordination with the 3D Elevation - Federal Interagency Coordinating Committee - established under subsection (b), States, and - industry and standards bodies, the development - of standards and guidelines for 3D elevation - data acquisition to increase accessibility to - 3D elevation data in a standard, easy-to-use - format; and - (iv) the identification, assessment, and - adoption of emerging technologies to improve - the accuracy and efficiency of the 3D Elevation - Program. - (2) Management.-- - (A) In general.--The Secretary shall manage the 3D - Elevation Program-- - (i) to ensure efficiency with respect to - related activities of the Department of the - Interior and other participating Federal - departments and agencies; and - (ii) to meet the needs of Department of the - Interior programs, stakeholders, and the - public. - (B) Other federal departments and agencies.--The - head of each Federal department and agency involved in - the acquisition, production, distribution, or - application of 3D elevation data shall-- - (i) coordinate with the 3D Elevation - Federal Interagency Coordinating Committee - established under subsection (b) to acquire - additional, enhanced 3D elevation data; - (ii) submit to the Secretary a description - of priority areas of interest for 3D elevation - data collection for use in providing grants and - cooperative agreements under subsection (d); - (iii) implement policies and procedures for - data acquisition and sharing that are - consistent with standards and guidelines - developed under the 3D Elevation Program; - (iv) participate in, and share the results - and benefits of, the 3D Elevation Program, in - accordance with standards and guidelines - developed under the 3D Elevation Program; and - (v) ensure that any 3D elevation data - acquired with Federal grant funding-- - (I) meets 3D Elevation Program - standards; and - (II) is included in the national - holdings of those data. + (1) In general.--The Secretary shall establish a program, to be + known as the ``3D Elevation Program''-- + (A) to provide 3D elevation data coverage for the United + States; + (B) to coordinate and facilitate the collection, + dissemination, and use of 3D elevation data among Federal + departments and agencies and non-Federal entities; + (C) to produce standard, publicly accessible 3D elevation + data products for the United States; and + (D) to promote the collection, dissemination, and use of 3D + elevation data among Federal, State, local, and Tribal + governments, communities, institutions of higher education, and + the private sector through-- + (i) cooperative agreements; + (ii) the development and maintenance of spatial data + infrastructure to provide quality control and deliver to + the public 3D elevation data products; + (iii) in coordination with the 3D Elevation Federal + Interagency Coordinating Committee established under + subsection (b), States, and industry and standards bodies, + the development of standards and guidelines for 3D + elevation data acquisition to increase accessibility to 3D + elevation data in a standard, easy-to-use format; and + (iv) the identification, assessment, and adoption of + emerging technologies to improve the accuracy and + efficiency of the 3D Elevation Program. + (2) Management.-- + (A) In general.--The Secretary shall manage the 3D + Elevation Program-- + (i) to ensure efficiency with respect to related + activities of the Department of the Interior and other + participating Federal departments and agencies; and + (ii) to meet the needs of Department of the Interior + programs, stakeholders, and the public. + (B) Other federal departments and agencies.--The head of + each Federal department and agency involved in the acquisition, + production, distribution, or application of 3D elevation data + shall-- + (i) coordinate with the 3D Elevation Federal + Interagency Coordinating Committee established under + subsection (b) to acquire additional, enhanced 3D elevation + data; + (ii) submit to the Secretary a description of priority + areas of interest for 3D elevation data collection for use + in providing grants and cooperative agreements under + subsection (d); + (iii) implement policies and procedures for data + acquisition and sharing that are consistent with standards + and guidelines developed under the 3D Elevation Program; + (iv) participate in, and share the results and benefits + of, the 3D Elevation Program, in accordance with standards + and guidelines developed under the 3D Elevation Program; + and + (v) ensure that any 3D elevation data acquired with + Federal grant funding-- + + (I) meets 3D Elevation Program standards; and + (II) is included in the national holdings of those + data. + (b) 3D Elevation Federal Interagency Coordinating Committee.-- - (1) Establishment.--The Secretary, in coordination with the - Secretary of Commerce and the Secretary of Homeland Security, - shall establish an interagency coordinating committee, to be - known as the ``3D Elevation Federal Interagency Coordinating - Committee'' (referred to in this subsection as the - ``Committee''), to better coordinate 3D elevation data - management across the Federal Government. - (2) Membership.--The Committee shall be composed of the - following members (or their designees): - (A) The Secretary, who shall serve as Chairperson - of the Committee. - (B) The Secretary of Agriculture. - (C) The Secretary of Commerce. - (D) The Secretary of Homeland Security. - (E) The Director of the National Science - Foundation. - (F) The Director of the Office of Science and - Technology Policy. - (G) The Director of the Office of Management and - Budget. - (H) The head of any other Federal department or - agency, at the request of the Secretary. - (3) Coordination.--The Committee shall coordinate, as - appropriate, with the existing activities of-- - (A) the 3D Elevation Program Executive Forum; - (B) the Alaska Mapping Executive Committee; - (C) the 3D Elevation Working Group; - (D) the 3D National Elevation Subcommittee; and - (E) State offices. - (4) Meetings.--The Committee shall meet at the call of the - Chairperson. - (5) Duties.--The Committee shall-- - (A) oversee the planning, management, and - coordination of the 3D Elevation Program; and - (B) develop, by not later than 1 year after the - date of enactment of this Act, and update periodically - thereafter-- - (i) a strategic plan that establishes goals - and priorities for activities carried out under - the 3D Elevation Program; and - (ii) a detailed management plan to - implement the strategic plan. + (1) Establishment.--The Secretary, in coordination with the + Secretary of Commerce and the Secretary of Homeland Security, shall + establish an interagency coordinating committee, to be known as the + ``3D Elevation Federal Interagency Coordinating Committee'' + (referred to in this subsection as the ``Committee''), to better + coordinate 3D elevation data management across the Federal + Government. + (2) Membership.--The Committee shall be composed of the + following members (or their designees): + (A) The Secretary, who shall serve as Chairperson of the + Committee. + (B) The Secretary of Agriculture. + (C) The Secretary of Commerce. + (D) The Secretary of Homeland Security. + (E) The Director of the National Science Foundation. + (F) The Director of the Office of Science and Technology + Policy. + (G) The Director of the Office of Management and Budget. + (H) The head of any other Federal department or agency, at + the request of the Secretary. + (3) Coordination.--The Committee shall coordinate, as + appropriate, with the existing activities of-- + (A) the 3D Elevation Program Executive Forum; + (B) the Alaska Mapping Executive Committee; + (C) the 3D Elevation Working Group; + (D) the 3D National Elevation Subcommittee; and + (E) State offices. + (4) Meetings.--The Committee shall meet at the call of the + Chairperson. + (5) Duties.--The Committee shall-- + (A) oversee the planning, management, and coordination of + the 3D Elevation Program; and + (B) develop, by not later than 1 year after the date of + enactment of this Act, and update periodically thereafter-- + (i) a strategic plan that establishes goals and + priorities for activities carried out under the 3D + Elevation Program; and + (ii) a detailed management plan to implement the + strategic plan. (c) Subcommittee of National Geospatial Advisory Committee.-- - (1) Establishment.-- - (A) In general.--The Secretary shall establish, - within the National Geospatial Advisory Committee, a - subcommittee (referred to in this subsection as the - ``Subcommittee''). - (B) Membership.--The Subcommittee shall-- - (i) consist of not fewer than 11 members, - of whom none may be a Federal officer or - employee; and - (ii) include representatives of-- - (I) research and academic - institutions; - (II) industry standards development - organizations; - (III) units of State and local - government; and - (IV) the private sector. - (2) Duties.-- - (A) Assessment.--The Subcommittee shall conduct an - assessment of-- - (i) trends and developments in-- - (I) the collection, dissemination, - and use of 3D elevation data; and - (II) science and technology - relating to 3D elevation data; - (ii) the effectiveness of the 3D Elevation - Program in carrying out the activities - described in subsection (a)(1); - (iii) the need to revise or reorganize the - 3D Elevation Program; and - (iv) the management, coordination, - implementation, and activities of the 3D - Elevation Program. - (B) Report.--Not later than 1 year after the date - of enactment of this Act, and every 2 years thereafter, - the Subcommittee shall submit to the Secretary and the - 3D Elevation Federal Interagency Coordinating Committee - established under subsection (b) a report that - includes-- - (i) the findings of the assessment under - subparagraph (A); and - (ii) recommendations of the Subcommittee - based on those findings, if any. + (1) Establishment.-- + (A) In general.--The Secretary shall establish, within the + National Geospatial Advisory Committee, a subcommittee + (referred to in this subsection as the ``Subcommittee''). + (B) Membership.--The Subcommittee shall-- + (i) consist of not fewer than 11 members, of whom none + may be a Federal officer or employee; and + (ii) include representatives of-- + + (I) research and academic institutions; + (II) industry standards development organizations; + (III) units of State and local government; and + (IV) the private sector. + + (2) Duties.-- + (A) Assessment.--The Subcommittee shall conduct an + assessment of-- + (i) trends and developments in-- + + (I) the collection, dissemination, and use of 3D + elevation data; and + (II) science and technology relating to 3D + elevation data; + + (ii) the effectiveness of the 3D Elevation Program in + carrying out the activities described in subsection (a)(1); + (iii) the need to revise or reorganize the 3D Elevation + Program; and + (iv) the management, coordination, implementation, and + activities of the 3D Elevation Program. + (B) Report.--Not later than 1 year after the date of + enactment of this Act, and every 2 years thereafter, the + Subcommittee shall submit to the Secretary and the 3D Elevation + Federal Interagency Coordinating Committee established under + subsection (b) a report that includes-- + (i) the findings of the assessment under subparagraph + (A); and + (ii) recommendations of the Subcommittee based on those + findings, if any. (d) Grants and Cooperative Agreements.-- - (1) In general.--The Secretary may make grants and enter - into cooperative agreements with other Federal departments and - agencies, units of State, local, or Tribal government, - institutions of higher education, nonprofit research - institutions, or other organizations to facilitate the - improvement of nationwide coverage of 3D elevation data. - (2) Applications.--To be eligible to receive a grant or - enter into a cooperative agreement under this subsection, an - entity described in paragraph (1) shall submit to the Secretary - an application at such time, in such manner, and containing - such information as the Secretary may require. - (3) Terms and conditions.--A grant or cooperative agreement - under this subsection shall be subject to such terms and - conditions as the Secretary determines to be appropriate, - including making data publically available and interoperable - with other Federal datasets. + (1) In general.--The Secretary may make grants and enter into + cooperative agreements with other Federal departments and agencies, + units of State, local, or Tribal government, institutions of higher + education, nonprofit research institutions, or other organizations + to facilitate the improvement of nationwide coverage of 3D + elevation data. + (2) Applications.--To be eligible to receive a grant or enter + into a cooperative agreement under this subsection, an entity + described in paragraph (1) shall submit to the Secretary an + application at such time, in such manner, and containing such + information as the Secretary may require. + (3) Terms and conditions.--A grant or cooperative agreement + under this subsection shall be subject to such terms and conditions + as the Secretary determines to be appropriate, including making + data publically available and interoperable with other Federal + datasets. (e) Funding.--For each of fiscal years 2021 through 2024, there is authorized to be appropriated to the Secretary $40,000,000 to carry out this section. @@ -592,10 +529,7 @@ this section shall be derived from amounts authorized to be appropriated to the Secretary that are enacted after the date of the enactment of this section. - Passed the House of Representatives December 3, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 2f11714302b741fe6917f6924712058c161862bb Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 656/984] House-8900: Introduced to House --- bills_text/House-8900.txt | 332 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 332 insertions(+) create mode 100644 bills_text/House-8900.txt diff --git a/bills_text/House-8900.txt b/bills_text/House-8900.txt new file mode 100644 index 0000000..b369895 --- /dev/null +++ b/bills_text/House-8900.txt @@ -0,0 +1,332 @@ +116th CONGRESS + 2d Session + H. R. 8900 + +Making further continuing appropriations for fiscal year 2021, and for + other purposes. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 8, 2020 + + Mrs. Lowey introduced the following bill; which was referred to the + Committee on Appropriations, and in addition to the Committee on the + Budget, for a period to be subsequently determined by the Speaker, in + each case for consideration of such provisions as fall within the + jurisdiction of the committee concerned + +_______________________________________________________________________ + + A BILL + + + +Making further continuing appropriations for fiscal year 2021, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Further Continuing Appropriations +Act, 2021, and Other Extensions Act''. + +SEC. 2. TABLE OF CONTENTS. + + The table of contents of this Act is as follows: + +Sec. 1. Short title. +Sec. 2. Table of contents. +Sec. 3. References. + DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2021 + + DIVISION B--HEALTH EXTENDERS + +Title I--Medicare and Medicaid Extenders +Title II--Public Health Extenders and Food and Drug Administration + Provisions +Title III--Offsets +Title IV--Budgetary Effects + +SEC. 3. REFERENCES. + + Except as expressly provided otherwise, any reference to ``this +Act'' contained in any division of this Act shall be treated as +referring only to the provisions of that division. + + DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2021 + + Sec. 101. The Continuing Appropriations Act, 2021 (division A of +Public Law 116-159) is amended by striking the date specified in +section 106(3) and inserting ``December 18, 2020''. + This division may be cited as the ``Further Continuing +Appropriations Act, 2021''. + + DIVISION B--HEALTH EXTENDERS + + TITLE I--MEDICARE AND MEDICAID EXTENDERS + +SEC. 1101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE + MEDICARE PROGRAM. + + Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w- +4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law +116-136) and section 2201 of the Continuing Appropriations Act, 2021 +and Other Extensions Act (Public Law 116-159), is amended by striking +``December 12, 2020'' and inserting ``December 19, 2020''. + +SEC. 1102. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME + PROGRAMS. + + (a) State Health Insurance Programs.--Subsection (a)(1)(B)(xi) of +section 119 of the Medicare Improvements for Patients and Providers Act +of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the +Patient Protection and Affordable Care Act (Public Law 111-148), +section 610 of the American Taxpayer Relief Act of 2012 (Public Law +112-240), section 1110 of the Pathway for SGR Reform Act of 2013 +(Public Law 113-67), section 110 of the Protecting Access to Medicare +Act of 2014 (Public Law 113-93), section 208 of the Medicare Access and +CHIP Reauthorization Act of 2015 (Public Law 114-10), section 50207 of +division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), +section 1402 of division B of the Continuing Appropriations Act, 2020, +and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of +division B of the Further Continuing Appropriations Act, 2020, and +Further Health Extenders Act of 2019 (Public Law 116-69), section 103 +of division N of the Further Consolidated Appropriations Act, 2020 +(Public Law 116-94), section 3803 of the CARES Act (Public Law 116- +136), and section 2203 of the Continuing Appropriations Act, 2021 and +Other Extensions Act (Public Law 116-159), is amended by striking +``December 11'' and inserting ``December 18''. + (b) Area Agencies on Aging.--Subsection (b)(1)(B)(xi) of such +section 119, as so amended, is amended by striking ``December 11'' and +inserting ``December 18''. + (c) Aging and Disability Resource Centers.--Subsection +(c)(1)(B)(xi) of such section 119, as so amended, is amended by +striking ``December 11'' and inserting ``December 18''. + (d) Contract With the National Center for Benefits and Outreach +Enrollment.--Subsection (d)(2)(xi) of such section 119, as so amended, +is amended by striking ``December 11'' and inserting ``December 18''. + +SEC. 1103. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, + AND SELECTION. + + Section 1890(d)(2) of the Social Security Act (42 U.S.C. +1395aaa(d)(2)) is amended by striking ``December 11'' each place such +phrase appears and inserting ``December 18'' in each such place. + +SEC. 1104. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION + PROGRAM. + + Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 +(42 U.S.C. 1396a note), as amended by Public Law 116-159, is amended by +striking ``December 11'' and inserting ``December 18''. + +SEC. 1105. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS. + + (a) In General.--Section 2404 of the Patient Protection and +Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by Public Law +116-159, is amended by striking ``December 11'' and inserting +``December 18''. + (b) Rule of Construction.--Nothing in section 2404 of Public Law +111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the +Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be +construed as prohibiting a State from-- + (1) applying an income or resource disregard under a + methodology authorized under section 1902(r)(2) of such Act (42 + U.S.C. 1396a(r)(2))-- + (A) to the income or resources of an individual + described in section 1902(a)(10)(A)(ii)(VI) of such Act + (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a + disregard of the income or resources of such + individual's spouse); or + (B) on the basis of an individual's need for home + and community-based services authorized under + subsection (c), (d), (i), or (k) of section 1915 of + such Act (42 U.S.C. 1396n) or under section 1115 of + such Act (42 U.S.C. 1315); or + (2) disregarding an individual's spousal income and assets + under a plan amendment to provide medical assistance for home + and community-based services for individuals by reason of being + determined eligible under section 1902(a)(10)(C) of such Act + (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of + such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a + reduction of income based on costs incurred for medical or + other remedial care under which the State disregarded the + income and assets of the individual's spouse in determining the + initial and ongoing financial eligibility of an individual for + such services in place of the spousal impoverishment provisions + applied under section 1924 of such Act (42 U.S.C. 1396r-5). + +SEC. 1106. EXTENSION OF DELAY OF DSH REDUCTIONS. + + Section 1923(f)(7) of the Social Security Act (42 U.S.C. 1396r- +4(f)(7)(A)) is amended by striking ``December 12'' each place such +phrase appears and inserting ``December 19'' in each such place. + +SEC. 1107. EXTENSION OF MONEY FOLLOWS THE PERSON. + + Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42 +U.S.C. 1396a note) is amended by striking ``December 11'' and inserting +``December 18''. + + TITLE II--PUBLIC HEALTH EXTENDERS AND FOOD AND DRUG ADMINISTRATION + PROVISIONS + + Subtitle A--Public Health Extenders + +SEC. 1201. EXTENDING FUNDING FOR COMMUNITY HEALTH CENTERS, NATIONAL + HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTER GME. + + (a) Community Health Centers.--Section 10503(b)(1)(F) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) +is amended-- + (1) by striking ``$789,041,096'' and inserting + ``$865,753,425''; and + (2) by striking ``December 11, 2020'' and inserting + ``December 18, 2020''. + (b) National Health Service Corps.--Section 10503(b)(2)(H) of the +Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H)) +is amended-- + (1) by striking ``$61,150,685'' and inserting + ``$67,095,890''; and + (2) by striking ``December 11, 2020'' and inserting + ``December 18, 2020''. + (c) Teaching Health Centers That Operate Graduate Medical Education +Programs.--Section 340H(g)(1) of the Public Health Service Act (42 +U.S.C. 256h(g)(1)) is amended-- + (1) by striking ``$24,953,425'' and inserting + ``$27,379,452''; and + (2) by striking ``December 11, 2020'' and inserting + ``December 18, 2020''. + (d) Application of Provisions.--Amounts appropriated pursuant to +the amendments made by this section for the period beginning on +December 11, 2020, and ending on December 18, 2020, shall be subject to +the requirements contained in Public Law 116-94 for funds for programs +authorized under sections 330 through 340 of the Public Health Service +Act. + (e) Conforming Amendments.--Paragraph (4) of section 3014(h) of +title 18, United States Code, as amended by section 3831(e) of the +CARES Act (Public Law 116-136), is amended-- + (1) by striking ``Social Services Act,,'' and inserting + ``Social Services Act,''; and + (2) by striking ``and section 2101 of the Continuing + Appropriations Act, 2021 and Other Extensions Act'' and + inserting ``section 2101 of the Continuing Appropriations Act, + 2021 and Other Extensions Act, and section 1201(d) of the + Further Continuing Appropriations Act, 2021, and Other + Extensions Act''. + +SEC. 1202. DIABETES PROGRAMS. + + (a) Special Diabetes Programs for Type I Diabetes.--Section +330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c- +2(b)(2)(D)) is amended-- + (1) by striking ``$29,589,042'' and inserting + ``$32,465,753''; and + (2) by striking ``December 11, 2020'' and inserting + ``December 18, 2020''. + (b) Special Diabetes Programs for Indians.--Section 330C(c)(2)(D) +of the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(D)) is +amended-- + (1) by striking ``$29,589,042'' and inserting + ``$32,465,753''; and + (2) by striking ``December 11, 2020'' and inserting + ``December 18, 2020''. + +SEC. 1203. PERSONAL RESPONSIBILITY EDUCATION; SEXUAL RISK AVOIDANCE + EDUCATION. + + (a) Sexual Risk Avoidance Education.--Section 510 of the Social +Security Act (42 U.S.C. 710) is amended by striking ``December 11, +2020'' each place it appears and inserting ``December 18, 2020''. + (b) Personal Responsibility Education.--Section 513 of the Social +Security Act (42 U.S.C. 713) is amended by striking ``December 11, +2020'' each place it appears and inserting ``December 18, 2020''. + + Subtitle B--Food and Drug Administration Provisions + +SEC. 1211. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER EXTENSION. + + Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21 +U.S.C. 360ff(b)(5)) is amended-- + (1) by striking ``December 11, 2020'' each place it appears + and inserting ``December 18, 2020''; and + (2) in subparagraph (B), by striking ``December 11, 2022'' + and inserting ``December 18, 2022''. + + TITLE III--OFFSETS + +SEC. 1301. TRANSPARENCY OF MEDICARE SECONDARY PAYER REPORTING + INFORMATION. + + Section 1862(b)(8)(G) of the Social Security Act (42 U.S.C. +395y(b)(8)(G)) is amended-- + (1) by striking ``information.--The Secretary'' and + inserting ``information.-- + ``(i) In general.--The Secretary''; and + (2) by adding at the end the following new clause: + ``(ii) Specified information.--In + responding to any query made on or after the + date that is 1 year after the date of the + enactment of this clause from an applicable + plan related to a determination described in + subparagraph (A)(i), the Secretary, + notwithstanding any other provision of law, + shall provide to such applicable plan-- + ``(I) whether a claimant subject to + the query is, or during the preceding + 3-year period has been, entitled to + benefits under the program under this + title on any basis; and + ``(II) to the extent applicable, + the plan name and address of any + Medicare Advantage plan under part C + and any prescription drug plan under + part D in which the claimant is + enrolled or has been enrolled during + such period.''. + +SEC. 1302. DISPENSATION OF NARCOTIC DRUGS FOR THE PURPOSE OF RELIEVING + ACUTE WITHDRAWAL SYMPTOMS FROM OPIOID USE DISORDER. + + Not later than 180 days after the date of enactment of this Act, +the Attorney General shall revise section 1306.07(b) of title 21, Code +of Federal Regulations, so that practitioners, in accordance with +applicable State, Federal, or local laws relating to controlled +substances, are allowed to dispense not more than a three-day supply of +narcotic drugs to one person or for one person's use at one time for +the purpose of initiating maintenance treatment or detoxification +treatment (or both). + +SEC. 1303. MEDICAID IMPROVEMENT FUND. + + Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w- +1(b)(3)(A)) is amended by striking ``$3,446,000,000'' and inserting +``$3,464,000,000''. + + TITLE IV--BUDGETARY EFFECTS + +SEC. 1401. BUDGETARY EFFECTS. + + (a) Statutory PAYGO Scorecards.--The budgetary effects of this +division shall not be entered on either PAYGO scorecard maintained +pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. + (b) Senate PAYGO Scorecards.--The budgetary effects of this +division shall not be entered on any PAYGO scorecard maintained for +purposes of section 4106 of H. Con. Res. 71 (115th Congress). + (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of +the Budget Scorekeeping Guidelines set forth in the joint explanatory +statement of the committee of conference accompanying Conference Report +105-217 and section 250(c)(8) of the Balanced Budget and Emergency +Deficit Control Act of 1985, the budgetary effects of this division +shall not be estimated-- + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. + \ No newline at end of file From 5fa86a0cd6d8e149591e72991efbf27d76e7c6a1 Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 657/984] House-8900: Engrossed in House --- bills_text/House-8900.txt | 38 +++++++++++++++++++------------------- 1 file changed, 19 insertions(+), 19 deletions(-) diff --git a/bills_text/House-8900.txt b/bills_text/House-8900.txt index b369895..b2b467b 100644 --- a/bills_text/House-8900.txt +++ b/bills_text/House-8900.txt @@ -2,26 +2,9 @@ 2d Session H. R. 8900 -Making further continuing appropriations for fiscal year 2021, and for - other purposes. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - December 8, 2020 - - Mrs. Lowey introduced the following bill; which was referred to the - Committee on Appropriations, and in addition to the Committee on the - Budget, for a period to be subsequently determined by the Speaker, in - each case for consideration of such provisions as fall within the - jurisdiction of the committee concerned - _______________________________________________________________________ - A BILL + AN ACT @@ -329,4 +312,21 @@ shall not be estimated-- (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. - \ No newline at end of file + + Passed the House of Representatives December 9, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 8900 + +_______________________________________________________________________ + + AN ACT + +Making further continuing appropriations for fiscal year 2021, and for + other purposes. From 55ccf5a5a51c02ea58f4de3343b5e36b5ffd3c8d Mon Sep 17 00:00:00 2001 From: "Rep. Lowey, Nita M. [D-NY-17]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 658/984] House-8900: Enrolled --- bills_text/House-8900.txt | 258 ++++++++++++++++---------------------- 1 file changed, 108 insertions(+), 150 deletions(-) diff --git a/bills_text/House-8900.txt b/bills_text/House-8900.txt index b2b467b..34d4efd 100644 --- a/bills_text/House-8900.txt +++ b/bills_text/House-8900.txt @@ -1,43 +1,47 @@ -116th CONGRESS - 2d Session - H. R. 8900 + H.R.8900 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -Making further continuing appropriations for fiscal year 2021, and for - other purposes. + Making further continuing appropriations for fiscal year 2021, and for + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Further Continuing Appropriations Act, 2021, and Other Extensions Act''. - SEC. 2. TABLE OF CONTENTS. - The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. - DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2021 + + DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2021 DIVISION B--HEALTH EXTENDERS Title I--Medicare and Medicaid Extenders Title II--Public Health Extenders and Food and Drug Administration - Provisions + Provisions Title III--Offsets Title IV--Budgetary Effects - SEC. 3. REFERENCES. - Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. @@ -51,21 +55,17 @@ section 106(3) and inserting ``December 18, 2020''. Appropriations Act, 2021''. DIVISION B--HEALTH EXTENDERS - TITLE I--MEDICARE AND MEDICAID EXTENDERS SEC. 1101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE - MEDICARE PROGRAM. - +MEDICARE PROGRAM. Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law 116-136) and section 2201 of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116-159), is amended by striking ``December 12, 2020'' and inserting ``December 19, 2020''. - SEC. 1102. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME - PROGRAMS. - +PROGRAMS. (a) State Health Insurance Programs.--Subsection (a)(1)(B)(xi) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the @@ -94,23 +94,17 @@ striking ``December 11'' and inserting ``December 18''. (d) Contract With the National Center for Benefits and Outreach Enrollment.--Subsection (d)(2)(xi) of such section 119, as so amended, is amended by striking ``December 11'' and inserting ``December 18''. - SEC. 1103. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, - AND SELECTION. - +AND SELECTION. Section 1890(d)(2) of the Social Security Act (42 U.S.C. 1395aaa(d)(2)) is amended by striking ``December 11'' each place such phrase appears and inserting ``December 18'' in each such place. - SEC. 1104. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION - PROGRAM. - +PROGRAM. Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note), as amended by Public Law 116-159, is amended by striking ``December 11'' and inserting ``December 18''. - SEC. 1105. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS. - (a) In General.--Section 2404 of the Patient Protection and Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by Public Law 116-159, is amended by striking ``December 11'' and inserting @@ -119,73 +113,65 @@ Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be construed as prohibiting a State from-- - (1) applying an income or resource disregard under a - methodology authorized under section 1902(r)(2) of such Act (42 - U.S.C. 1396a(r)(2))-- - (A) to the income or resources of an individual - described in section 1902(a)(10)(A)(ii)(VI) of such Act - (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a - disregard of the income or resources of such - individual's spouse); or - (B) on the basis of an individual's need for home - and community-based services authorized under - subsection (c), (d), (i), or (k) of section 1915 of - such Act (42 U.S.C. 1396n) or under section 1115 of - such Act (42 U.S.C. 1315); or - (2) disregarding an individual's spousal income and assets - under a plan amendment to provide medical assistance for home - and community-based services for individuals by reason of being - determined eligible under section 1902(a)(10)(C) of such Act - (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of - such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a - reduction of income based on costs incurred for medical or - other remedial care under which the State disregarded the - income and assets of the individual's spouse in determining the - initial and ongoing financial eligibility of an individual for - such services in place of the spousal impoverishment provisions - applied under section 1924 of such Act (42 U.S.C. 1396r-5). - + (1) applying an income or resource disregard under a + methodology authorized under section 1902(r)(2) of such Act (42 + U.S.C. 1396a(r)(2))-- + (A) to the income or resources of an individual described + in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. + 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income + or resources of such individual's spouse); or + (B) on the basis of an individual's need for home and + community-based services authorized under subsection (c), (d), + (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or + under section 1115 of such Act (42 U.S.C. 1315); or + (2) disregarding an individual's spousal income and assets + under a plan amendment to provide medical assistance for home and + community-based services for individuals by reason of being + determined eligible under section 1902(a)(10)(C) of such Act (42 + U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act + (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of + income based on costs incurred for medical or other remedial care + under which the State disregarded the income and assets of the + individual's spouse in determining the initial and ongoing + financial eligibility of an individual for such services in place + of the spousal impoverishment provisions applied under section 1924 + of such Act (42 U.S.C. 1396r-5). SEC. 1106. EXTENSION OF DELAY OF DSH REDUCTIONS. - Section 1923(f)(7) of the Social Security Act (42 U.S.C. 1396r- 4(f)(7)(A)) is amended by striking ``December 12'' each place such phrase appears and inserting ``December 19'' in each such place. - SEC. 1107. EXTENSION OF MONEY FOLLOWS THE PERSON. - Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking ``December 11'' and inserting ``December 18''. TITLE II--PUBLIC HEALTH EXTENDERS AND FOOD AND DRUG ADMINISTRATION PROVISIONS - Subtitle A--Public Health Extenders SEC. 1201. EXTENDING FUNDING FOR COMMUNITY HEALTH CENTERS, NATIONAL - HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTER GME. - +HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTER GME. (a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is amended-- - (1) by striking ``$789,041,096'' and inserting - ``$865,753,425''; and - (2) by striking ``December 11, 2020'' and inserting - ``December 18, 2020''. + (1) by striking ``$789,041,096'' and inserting + ``$865,753,425''; and + (2) by striking ``December 11, 2020'' and inserting ``December + 18, 2020''. (b) National Health Service Corps.--Section 10503(b)(2)(H) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H)) is amended-- - (1) by striking ``$61,150,685'' and inserting - ``$67,095,890''; and - (2) by striking ``December 11, 2020'' and inserting - ``December 18, 2020''. + (1) by striking ``$61,150,685'' and inserting ``$67,095,890''; + and + (2) by striking ``December 11, 2020'' and inserting ``December + 18, 2020''. (c) Teaching Health Centers That Operate Graduate Medical Education Programs.--Section 340H(g)(1) of the Public Health Service Act (42 U.S.C. 256h(g)(1)) is amended-- - (1) by striking ``$24,953,425'' and inserting - ``$27,379,452''; and - (2) by striking ``December 11, 2020'' and inserting - ``December 18, 2020''. + (1) by striking ``$24,953,425'' and inserting ``$27,379,452''; + and + (2) by striking ``December 11, 2020'' and inserting ``December + 18, 2020''. (d) Application of Provisions.--Amounts appropriated pursuant to the amendments made by this section for the period beginning on December 11, 2020, and ending on December 18, 2020, shall be subject to @@ -195,35 +181,30 @@ Act. (e) Conforming Amendments.--Paragraph (4) of section 3014(h) of title 18, United States Code, as amended by section 3831(e) of the CARES Act (Public Law 116-136), is amended-- - (1) by striking ``Social Services Act,,'' and inserting - ``Social Services Act,''; and - (2) by striking ``and section 2101 of the Continuing - Appropriations Act, 2021 and Other Extensions Act'' and - inserting ``section 2101 of the Continuing Appropriations Act, - 2021 and Other Extensions Act, and section 1201(d) of the - Further Continuing Appropriations Act, 2021, and Other - Extensions Act''. - + (1) by striking ``Social Services Act,,'' and inserting + ``Social Services Act,''; and + (2) by striking ``and section 2101 of the Continuing + Appropriations Act, 2021 and Other Extensions Act'' and inserting + ``section 2101 of the Continuing Appropriations Act, 2021 and Other + Extensions Act, and section 1201(d) of the Further Continuing + Appropriations Act, 2021, and Other Extensions Act''. SEC. 1202. DIABETES PROGRAMS. - (a) Special Diabetes Programs for Type I Diabetes.--Section 330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c- 2(b)(2)(D)) is amended-- - (1) by striking ``$29,589,042'' and inserting - ``$32,465,753''; and - (2) by striking ``December 11, 2020'' and inserting - ``December 18, 2020''. + (1) by striking ``$29,589,042'' and inserting ``$32,465,753''; + and + (2) by striking ``December 11, 2020'' and inserting ``December + 18, 2020''. (b) Special Diabetes Programs for Indians.--Section 330C(c)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended-- - (1) by striking ``$29,589,042'' and inserting - ``$32,465,753''; and - (2) by striking ``December 11, 2020'' and inserting - ``December 18, 2020''. - + (1) by striking ``$29,589,042'' and inserting ``$32,465,753''; + and + (2) by striking ``December 11, 2020'' and inserting ``December + 18, 2020''. SEC. 1203. PERSONAL RESPONSIBILITY EDUCATION; SEXUAL RISK AVOIDANCE - EDUCATION. - +EDUCATION. (a) Sexual Risk Avoidance Education.--Section 510 of the Social Security Act (42 U.S.C. 710) is amended by striking ``December 11, 2020'' each place it appears and inserting ``December 18, 2020''. @@ -234,49 +215,42 @@ Security Act (42 U.S.C. 713) is amended by striking ``December 11, Subtitle B--Food and Drug Administration Provisions SEC. 1211. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER EXTENSION. - Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff(b)(5)) is amended-- - (1) by striking ``December 11, 2020'' each place it appears - and inserting ``December 18, 2020''; and - (2) in subparagraph (B), by striking ``December 11, 2022'' - and inserting ``December 18, 2022''. + (1) by striking ``December 11, 2020'' each place it appears and + inserting ``December 18, 2020''; and + (2) in subparagraph (B), by striking ``December 11, 2022'' and + inserting ``December 18, 2022''. TITLE III--OFFSETS SEC. 1301. TRANSPARENCY OF MEDICARE SECONDARY PAYER REPORTING - INFORMATION. - +INFORMATION. Section 1862(b)(8)(G) of the Social Security Act (42 U.S.C. 395y(b)(8)(G)) is amended-- - (1) by striking ``information.--The Secretary'' and - inserting ``information.-- - ``(i) In general.--The Secretary''; and - (2) by adding at the end the following new clause: - ``(ii) Specified information.--In - responding to any query made on or after the - date that is 1 year after the date of the - enactment of this clause from an applicable - plan related to a determination described in - subparagraph (A)(i), the Secretary, - notwithstanding any other provision of law, - shall provide to such applicable plan-- - ``(I) whether a claimant subject to - the query is, or during the preceding - 3-year period has been, entitled to - benefits under the program under this - title on any basis; and - ``(II) to the extent applicable, - the plan name and address of any - Medicare Advantage plan under part C - and any prescription drug plan under - part D in which the claimant is - enrolled or has been enrolled during - such period.''. + (1) by striking ``information.--The Secretary'' and inserting + ``information.-- + ``(i) In general.--The Secretary''; and + (2) by adding at the end the following new clause: + ``(ii) Specified information.--In responding to any + query made on or after the date that is 1 year after the + date of the enactment of this clause from an applicable + plan related to a determination described in subparagraph + (A)(i), the Secretary, notwithstanding any other provision + of law, shall provide to such applicable plan-- + + ``(I) whether a claimant subject to the query is, + or during the preceding 3-year period has been, + entitled to benefits under the program under this title + on any basis; and + ``(II) to the extent applicable, the plan name and + address of any Medicare Advantage plan under part C and + any prescription drug plan under part D in which the + claimant is enrolled or has been enrolled during such + period.''. SEC. 1302. DISPENSATION OF NARCOTIC DRUGS FOR THE PURPOSE OF RELIEVING - ACUTE WITHDRAWAL SYMPTOMS FROM OPIOID USE DISORDER. - +ACUTE WITHDRAWAL SYMPTOMS FROM OPIOID USE DISORDER. Not later than 180 days after the date of enactment of this Act, the Attorney General shall revise section 1306.07(b) of title 21, Code of Federal Regulations, so that practitioners, in accordance with @@ -285,9 +259,7 @@ substances, are allowed to dispense not more than a three-day supply of narcotic drugs to one person or for one person's use at one time for the purpose of initiating maintenance treatment or detoxification treatment (or both). - SEC. 1303. MEDICAID IMPROVEMENT FUND. - Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w- 1(b)(3)(A)) is amended by striking ``$3,446,000,000'' and inserting ``$3,464,000,000''. @@ -295,7 +267,6 @@ SEC. 1303. MEDICAID IMPROVEMENT FUND. TITLE IV--BUDGETARY EFFECTS SEC. 1401. BUDGETARY EFFECTS. - (a) Statutory PAYGO Scorecards.--The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. @@ -308,25 +279,12 @@ statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated-- - (1) for purposes of section 251 of such Act; and - (2) for purposes of paragraph (4)(C) of section 3 of the - Statutory Pay-As-You-Go Act of 2010 as being included in an - appropriation Act. - - Passed the House of Representatives December 9, 2020. - - Attest: - - Clerk. -116th CONGRESS - - 2d Session - - H. R. 8900 - -_______________________________________________________________________ + (1) for purposes of section 251 of such Act; and + (2) for purposes of paragraph (4)(C) of section 3 of the + Statutory Pay-As-You-Go Act of 2010 as being included in an + appropriation Act. - AN ACT + Speaker of the House of Representatives. -Making further continuing appropriations for fiscal year 2021, and for - other purposes. + Vice President of the United States and + President of the Senate. From 493acff8cccdc4c11db00040a7a9979198ea6f1e Mon Sep 17 00:00:00 2001 From: "Rep. Langevin, James R. [D-RI-2]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 659/984] House-8906: Introduced to House --- bills_text/House-8906.txt | 62 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 62 insertions(+) create mode 100644 bills_text/House-8906.txt diff --git a/bills_text/House-8906.txt b/bills_text/House-8906.txt new file mode 100644 index 0000000..4159f25 --- /dev/null +++ b/bills_text/House-8906.txt @@ -0,0 +1,62 @@ +116th CONGRESS + 2d Session + H. R. 8906 + +To amend title XXIX of the Public Health Service Act to reauthorize the + program under such title relating to lifespan respite care. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + December 9, 2020 + + Mr. Langevin (for himself and Mrs. Rodgers of Washington) introduced + the following bill; which was referred to the Committee on Energy and + Commerce + +_______________________________________________________________________ + + A BILL + + + +To amend title XXIX of the Public Health Service Act to reauthorize the + program under such title relating to lifespan respite care. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Lifespan Respite Care +Reauthorization Act of 2020''. + +SEC. 2. REAUTHORIZATION OF LIFESPAN RESPITE CARE PROGRAM. + + (a) Data Collection and Reporting.--Section 2904 of the Public +Health Service Act (42 U.S.C. 300ii-3) is amended to read as follows: + +``SEC. 2904. DATA COLLECTION AND REPORTING. + + ``(a) In General.--Each State agency awarded a grant or cooperative +agreement under section 2902 shall report such data, information, and +metrics as the Secretary may require for purposes of-- + ``(1) evaluating State programs and activities funded + pursuant to such grant or cooperative agreement, including any + results pursuant to section 2902(d)(2)(B)(xii); and + ``(2) identifying effective programs and activities funded + pursuant to section 2902. + ``(b) Report.--Not later than October 1, 2023, the Secretary shall +submit a report to the Committee on Health, Education, Labor, and +Pensions of the Senate and the Committee on Energy and Commerce of the +House of Representatives regarding the outcomes of the programs and +activities funded pursuant to section 2902, including any effective +programs and activities identified.''. + (b) Funding.--Section 2905 of the Public Health Service Act (42 +U.S.C. 300ii-4) is amended by striking ``title'' and all that follows +through the period and inserting ``title, $10,000,000 for each of +fiscal years 2020 through fiscal year 2024.''. + \ No newline at end of file From f2bf97420fb50eba8e7a6e504aa4c8a5b5c9cbdc Mon Sep 17 00:00:00 2001 From: "Rep. Langevin, James R. [D-RI-2]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 660/984] House-8906: Engrossed in House --- bills_text/House-8906.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/House-8906.txt b/bills_text/House-8906.txt index 4159f25..5d90e6a 100644 --- a/bills_text/House-8906.txt +++ b/bills_text/House-8906.txt @@ -2,24 +2,9 @@ 2d Session H. R. 8906 -To amend title XXIX of the Public Health Service Act to reauthorize the - program under such title relating to lifespan respite care. - - -_______________________________________________________________________ - - - IN THE HOUSE OF REPRESENTATIVES - - December 9, 2020 - - Mr. Langevin (for himself and Mrs. Rodgers of Washington) introduced - the following bill; which was referred to the Committee on Energy and - Commerce - _______________________________________________________________________ - A BILL + AN ACT @@ -59,4 +44,21 @@ programs and activities identified.''. U.S.C. 300ii-4) is amended by striking ``title'' and all that follows through the period and inserting ``title, $10,000,000 for each of fiscal years 2020 through fiscal year 2024.''. - \ No newline at end of file + + Passed the House of Representatives December 10, 2020. + + Attest: + + Clerk. +116th CONGRESS + + 2d Session + + H. R. 8906 + +_______________________________________________________________________ + + AN ACT + +To amend title XXIX of the Public Health Service Act to reauthorize the + program under such title relating to lifespan respite care. From 492c4916a4273d1751fe6f9b811b01cefc4d84dd Mon Sep 17 00:00:00 2001 From: "Rep. Langevin, James R. [D-RI-2]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 661/984] House-8906: Received in Senate --- bills_text/House-8906.txt | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/bills_text/House-8906.txt b/bills_text/House-8906.txt index 5d90e6a..7ba0651 100644 --- a/bills_text/House-8906.txt +++ b/bills_text/House-8906.txt @@ -2,6 +2,16 @@ 2d Session H. R. 8906 + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 11, 2020 + + Received + _______________________________________________________________________ AN ACT @@ -49,16 +59,6 @@ fiscal years 2020 through fiscal year 2024.''. Attest: - Clerk. -116th CONGRESS + CHERYL L. JOHNSON, - 2d Session - - H. R. 8906 - -_______________________________________________________________________ - - AN ACT - -To amend title XXIX of the Public Health Service Act to reauthorize the - program under such title relating to lifespan respite care. + Clerk. From 7e0e8c3f933d9902c4384f5e3936d5a07f3dd617 Mon Sep 17 00:00:00 2001 From: "Rep. Langevin, James R. [D-RI-2]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 662/984] House-8906: Enrolled --- bills_text/House-8906.txt | 44 +++++++++++++++------------------------ 1 file changed, 17 insertions(+), 27 deletions(-) diff --git a/bills_text/House-8906.txt b/bills_text/House-8906.txt index 7ba0651..0486661 100644 --- a/bills_text/House-8906.txt +++ b/bills_text/House-8906.txt @@ -1,49 +1,42 @@ -116th CONGRESS - 2d Session - H. R. 8906 + H.R.8906 + One Hundred Sixteenth Congress -_______________________________________________________________________ + of the + United States of America - IN THE SENATE OF THE UNITED STATES - December 11, 2020 + AT THE SECOND SESSION - Received + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty -_______________________________________________________________________ - AN ACT + An Act To amend title XXIX of the Public Health Service Act to reauthorize the - program under such title relating to lifespan respite care. + program under such title relating to lifespan respite care. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Lifespan Respite Care Reauthorization Act of 2020''. - SEC. 2. REAUTHORIZATION OF LIFESPAN RESPITE CARE PROGRAM. - (a) Data Collection and Reporting.--Section 2904 of the Public Health Service Act (42 U.S.C. 300ii-3) is amended to read as follows: - ``SEC. 2904. DATA COLLECTION AND REPORTING. - ``(a) In General.--Each State agency awarded a grant or cooperative agreement under section 2902 shall report such data, information, and metrics as the Secretary may require for purposes of-- - ``(1) evaluating State programs and activities funded - pursuant to such grant or cooperative agreement, including any - results pursuant to section 2902(d)(2)(B)(xii); and - ``(2) identifying effective programs and activities funded - pursuant to section 2902. + ``(1) evaluating State programs and activities funded pursuant + to such grant or cooperative agreement, including any results + pursuant to section 2902(d)(2)(B)(xii); and + ``(2) identifying effective programs and activities funded + pursuant to section 2902. ``(b) Report.--Not later than October 1, 2023, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the @@ -55,10 +48,7 @@ U.S.C. 300ii-4) is amended by striking ``title'' and all that follows through the period and inserting ``title, $10,000,000 for each of fiscal years 2020 through fiscal year 2024.''. - Passed the House of Representatives December 10, 2020. - - Attest: - - CHERYL L. JOHNSON, + Speaker of the House of Representatives. - Clerk. + Vice President of the United States and + President of the Senate. From 35b17e6ba48111a0ad5500c74cbf0e5aeec59f22 Mon Sep 17 00:00:00 2001 From: "Sen. Cardin, Benjamin L. [D-MD]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 663/984] Senate-24: Engrossed in Senate --- bills_text/Senate-24.txt | 77 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 77 insertions(+) create mode 100644 bills_text/Senate-24.txt diff --git a/bills_text/Senate-24.txt b/bills_text/Senate-24.txt new file mode 100644 index 0000000..e6636a5 --- /dev/null +++ b/bills_text/Senate-24.txt @@ -0,0 +1,77 @@ +116th CONGRESS + 1st Session + S. 24 + +_______________________________________________________________________ + + AN ACT + + + + To provide for the compensation of Federal and other government + employees affected by lapses in appropriations. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Government Employee Fair Treatment +Act of 2019''. + +SEC. 2. COMPENSATION FOR FEDERAL AND OTHER GOVERNMENT EMPLOYEES + AFFECTED BY A LAPSE IN APPROPRIATIONS. + + Section 1341 of title 31, United States Code, is amended-- + (1) in subsection (a)(1), by striking ``An officer'' and + inserting ``Except as specified in this subchapter or any other + provision of law, an officer''; and + (2) by adding at the end the following: + ``(c)(1) In this subsection-- + ``(A) the term `covered lapse in appropriations' means any + lapse in appropriations that begins on or after December 22, + 2018; + ``(B) the term `District of Columbia public employer' + means-- + ``(i) the District of Columbia Courts; + ``(ii) the Public Defender Service for the District + of Columbia; or + ``(iii) the District of Columbia government; + ``(C) the term `employee' includes an officer; and + ``(D) the term `excepted employee' means an excepted + employee or an employee performing emergency work, as such + terms are defined by the Office of Personnel Management or the + appropriate District of Columbia public employer, as + applicable. + ``(2) Each employee of the United States Government or of a +District of Columbia public employer furloughed as a result of a +covered lapse in appropriations shall be paid for the period of the +lapse in appropriations, and each excepted employee who is required to +perform work during a covered lapse in appropriations shall be paid for +such work, at the employee's standard rate of pay, at the earliest date +possible after the lapse in appropriations ends, regardless of +scheduled pay dates. + ``(3) During a covered lapse in appropriations, each excepted +employee who is required to perform work shall be entitled to use leave +under chapter 63 of title 5, or any other applicable law governing the +use of leave by the excepted employee, for which compensation shall be +paid at the earliest date possible after the lapse in appropriations +ends, regardless of scheduled pay dates.''. + + Passed the Senate January 10, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 24 + +_______________________________________________________________________ + + AN ACT + + To provide for the compensation of Federal and other government + employees affected by lapses in appropriations. From db0e396b28f11af4ce6b722bcbf0eb5f19fc28a1 Mon Sep 17 00:00:00 2001 From: "Sen. Cardin, Benjamin L. [D-MD]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 664/984] Senate-24: Enrolled --- bills_text/Senate-24.txt | 81 +++++++++++++++++----------------------- 1 file changed, 35 insertions(+), 46 deletions(-) diff --git a/bills_text/Senate-24.txt b/bills_text/Senate-24.txt index e6636a5..8239efd 100644 --- a/bills_text/Senate-24.txt +++ b/bills_text/Senate-24.txt @@ -1,48 +1,50 @@ -116th CONGRESS - 1st Session - S. 24 + S.24 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To provide for the compensation of Federal and other government - employees affected by lapses in appropriations. + employees affected by lapses in appropriations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Government Employee Fair Treatment Act of 2019''. - SEC. 2. COMPENSATION FOR FEDERAL AND OTHER GOVERNMENT EMPLOYEES - AFFECTED BY A LAPSE IN APPROPRIATIONS. - +AFFECTED BY A LAPSE IN APPROPRIATIONS. Section 1341 of title 31, United States Code, is amended-- - (1) in subsection (a)(1), by striking ``An officer'' and - inserting ``Except as specified in this subchapter or any other - provision of law, an officer''; and - (2) by adding at the end the following: + (1) in subsection (a)(1), by striking ``An officer'' and + inserting ``Except as specified in this subchapter or any other + provision of law, an officer''; and + (2) by adding at the end the following: ``(c)(1) In this subsection-- - ``(A) the term `covered lapse in appropriations' means any - lapse in appropriations that begins on or after December 22, - 2018; - ``(B) the term `District of Columbia public employer' - means-- - ``(i) the District of Columbia Courts; - ``(ii) the Public Defender Service for the District - of Columbia; or - ``(iii) the District of Columbia government; - ``(C) the term `employee' includes an officer; and - ``(D) the term `excepted employee' means an excepted - employee or an employee performing emergency work, as such - terms are defined by the Office of Personnel Management or the - appropriate District of Columbia public employer, as - applicable. + ``(A) the term `covered lapse in appropriations' means any + lapse in appropriations that begins on or after December 22, 2018; + ``(B) the term `District of Columbia public employer' means-- + ``(i) the District of Columbia Courts; + ``(ii) the Public Defender Service for the District of + Columbia; or + ``(iii) the District of Columbia government; + ``(C) the term `employee' includes an officer; and + ``(D) the term `excepted employee' means an excepted employee + or an employee performing emergency work, as such terms are defined + by the Office of Personnel Management or the appropriate District + of Columbia public employer, as applicable. ``(2) Each employee of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the @@ -58,20 +60,7 @@ use of leave by the excepted employee, for which compensation shall be paid at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates.''. - Passed the Senate January 10, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - S. 24 - -_______________________________________________________________________ - - AN ACT - - To provide for the compensation of Federal and other government - employees affected by lapses in appropriations. + Vice President of the United States and + President of the Senate. From f6054cd315f15ed64c4ca3d02b23817d31c59dd4 Mon Sep 17 00:00:00 2001 From: "Sen. Murkowski, Lisa [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 665/984] Senate-47: Engrossed in Senate --- bills_text/Senate-47.txt | 15499 +++++++++++++++++++++++++++++++++++++ 1 file changed, 15499 insertions(+) create mode 100644 bills_text/Senate-47.txt diff --git a/bills_text/Senate-47.txt b/bills_text/Senate-47.txt new file mode 100644 index 0000000..2fc3244 --- /dev/null +++ b/bills_text/Senate-47.txt @@ -0,0 +1,15499 @@ +116th CONGRESS + 1st Session + S. 47 + +_______________________________________________________________________ + + AN ACT + + + + To provide for the management of the natural resources of the United + States, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Natural Resources +Management Act''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Definition of Secretary. + TITLE I--PUBLIC LAND AND FORESTS + + Subtitle A--Land Exchanges and Conveyances + +Sec. 1001. Crags land exchange, Colorado. +Sec. 1002. Arapaho National Forest boundary adjustment. +Sec. 1003. Santa Ana River Wash Plan land exchange. +Sec. 1004. Udall Park land exchange. +Sec. 1005. Confirmation of State land grants. +Sec. 1006. Custer County Airport conveyance. +Sec. 1007. Pascua Yaqui Tribe land conveyance. +Sec. 1008. La Paz County land conveyance. +Sec. 1009. Lake Bistineau land title stability. +Sec. 1010. Lake Fannin land conveyance. +Sec. 1011. Land conveyance and utility right-of-way, Henry's Lake + Wilderness Study Area, Idaho. +Sec. 1012. Conveyance to Ukpeagvik Inupiat Corporation. +Sec. 1013. Public purpose conveyance to City of Hyde Park, Utah. +Sec. 1014. Juab County conveyance. +Sec. 1015. Black Mountain Range and Bullhead City land exchange. +Sec. 1016. Cottonwood land exchange. +Sec. 1017. Embry-Riddle Tri-City land exchange. + Subtitle B--Public Land and National Forest System Management + +Sec. 1101. Bolts Ditch access. +Sec. 1102. Clarification relating to a certain land description under + the Northern Arizona Land Exchange and + Verde River Basin Partnership Act of 2005. +Sec. 1103. Frank and Jeanne Moore Wild Steelhead Special Management + Area. +Sec. 1104. Maintenance or replacement of facilities and structures at + Smith Gulch. +Sec. 1105. Repeal of provision limiting the export of timber harvested + from certain Kake Tribal Corporation land. +Sec. 1106. Designation of Fowler and Boskoff Peaks. +Sec. 1107. Coronado National Forest land conveyance. +Sec. 1108. Deschutes Canyon-Steelhead Falls Wilderness Study Area + boundary adjustment, Oregon. +Sec. 1109. Maintenance of Federal mineral leases based on extraction of + helium. +Sec. 1110. Small miner waivers to claim maintenance fees. +Sec. 1111. Saint Francis Dam Disaster National Memorial and National + Monument. +Sec. 1112. Owyhee Wilderness Areas boundary modifications. +Sec. 1113. Chugach Region land study. +Sec. 1114. Wildfire technology modernization. +Sec. 1115. McCoy Flats Trail System. +Sec. 1116. Technical corrections to certain laws relating to Federal + land in the State of Nevada. +Sec. 1117. Ashley Karst National Recreation and Geologic Area. +Sec. 1118. John Wesley Powell National Conservation Area. +Sec. 1119. Alaska Native Vietnam era veterans land allotment. +Sec. 1120. Red River gradient boundary survey. +Sec. 1121. San Juan County settlement implementation. +Sec. 1122. Rio Puerco Watershed management program. +Sec. 1123. Ashley Springs land conveyance. + Subtitle C--Wilderness Designations and Withdrawals + + PART I--General Provisions + +Sec. 1201. Organ Mountains-Desert Peaks conservation. +Sec. 1202. Cerro del Yuta and Rio San Antonio Wilderness Areas. +Sec. 1203. Methow Valley, Washington, Federal land withdrawal. +Sec. 1204. Emigrant Crevice withdrawal. +Sec. 1205. Oregon Wildlands. + PART II--Emery County Public Land Management + +Sec. 1211. Definitions. +Sec. 1212. Administration. +Sec. 1213. Effect on water rights. +Sec. 1214. Savings clause. + subpart a--san rafael swell recreation area + +Sec. 1221. Establishment of Recreation Area. +Sec. 1222. Management of Recreation Area. +Sec. 1223. San Rafael Swell Recreation Area Advisory Council. + subpart b--wilderness areas + +Sec. 1231. Additions to the National Wilderness Preservation System. +Sec. 1232. Administration. +Sec. 1233. Fish and wildlife management. +Sec. 1234. Release. + subpart c--wild and scenic river designation + +Sec. 1241. Green River wild and scenic river designation. + subpart d--land management and conveyances + +Sec. 1251. Goblin Valley State Park. +Sec. 1252. Jurassic National Monument. +Sec. 1253. Public land disposal and acquisition. +Sec. 1254. Public purpose conveyances. +Sec. 1255. Exchange of BLM and School and Institutional Trust Lands + Administration land. + Subtitle D--Wild and Scenic Rivers + +Sec. 1301. Lower Farmington River and Salmon Brook wild and scenic + river. +Sec. 1302. Wood-Pawcatuck watershed wild and scenic river segments. +Sec. 1303. Nashua wild and scenic rivers, Massachusetts and New + Hampshire. + Subtitle E--California Desert Protection and Recreation + +Sec. 1401. Definitions. +PART I--Designation of Wilderness in the California Desert Conservation + Area + +Sec. 1411. California desert conservation and recreation. + PART II--Designation of Special Management Area + +Sec. 1421. Vinagre Wash Special Management Area. + PART III--National Park System Additions + +Sec. 1431. Death Valley National Park boundary revision. +Sec. 1432. Mojave National Preserve. +Sec. 1433. Joshua Tree National Park. + PART IV--Off-highway Vehicle Recreation Areas + +Sec. 1441. Off-highway vehicle recreation areas. + PART V--Miscellaneous + +Sec. 1451. Transfer of land to Anza-Borrego Desert State Park. +Sec. 1452. Wildlife corridors. +Sec. 1453. Prohibited uses of acquired, donated, and conservation land. +Sec. 1454. Tribal uses and interests. +Sec. 1455. Release of Federal reversionary land interests. +Sec. 1456. California State school land. +Sec. 1457. Designation of wild and scenic rivers. +Sec. 1458. Conforming amendments. +Sec. 1459. Juniper Flats. +Sec. 1460. Conforming amendments to California Military Lands + Withdrawal and Overflights Act of 1994. +Sec. 1461. Desert tortoise conservation center. + TITLE II--NATIONAL PARKS + + Subtitle A--Special Resource Studies + +Sec. 2001. Special resource study of James K. Polk presidential home. +Sec. 2002. Special resource study of Thurgood Marshall school. +Sec. 2003. Special resource study of President Street Station. +Sec. 2004. Amache special resource study. +Sec. 2005. Special resource study of George W. Bush Childhood Home. + Subtitle B--National Park System Boundary Adjustments and Related + Matters + +Sec. 2101. Shiloh National Military Park boundary adjustment. +Sec. 2102. Ocmulgee Mounds National Historical Park boundary. +Sec. 2103. Kennesaw Mountain National Battlefield Park boundary. +Sec. 2104. Fort Frederica National Monument, Georgia. +Sec. 2105. Fort Scott National Historic Site boundary. +Sec. 2106. Florissant Fossil Beds National Monument boundary. +Sec. 2107. Voyageurs National Park boundary adjustment. +Sec. 2108. Acadia National Park boundary. +Sec. 2109. Authority of Secretary of the Interior to accept certain + properties, Missouri. +Sec. 2110. Home of Franklin D. Roosevelt National Historic Site. + Subtitle C--National Park System Redesignations + +Sec. 2201. Designation of Saint-Gaudens National Historical Park. +Sec. 2202. Redesignation of Robert Emmet Park. +Sec. 2203. Fort Sumter and Fort Moultrie National Historical Park. +Sec. 2204. Reconstruction Era National Historical Park and + Reconstruction Era National Historic + Network. +Sec. 2205. Golden Spike National Historical Park. +Sec. 2206. World War II Pacific sites. + Subtitle D--New Units of the National Park System + +Sec. 2301. Medgar and Myrlie Evers Home National Monument. +Sec. 2302. Mill Springs Battlefield National Monument. +Sec. 2303. Camp Nelson Heritage National Monument. + Subtitle E--National Park System Management + +Sec. 2401. Denali National Park and Preserve natural gas pipeline. +Sec. 2402. Historically Black Colleges and Universities Historic + Preservation program reauthorized. +Sec. 2402A. John H. Chafee Coastal Barrier Resources System. +Sec. 2403. Authorizing cooperative management agreements between the + District of Columbia and the Secretary of + the Interior. +Sec. 2404. Fees for Medical Services. +Sec. 2405. Authority to grant easements and rights-of-way over Federal + lands within Gateway National Recreation + Area. +Sec. 2406. Adams Memorial Commission. +Sec. 2407. Technical corrections to references to the African American + Civil Rights Network. +Sec. 2408. Transfer of the James J. Howard Marine Sciences Laboratory. +Sec. 2409. Bows in parks. +Sec. 2410. Wildlife management in parks. +Sec. 2411. Pottawattamie County reversionary interest. +Sec. 2412. Designation of Dean Stone Bridge. + Subtitle F--National Trails and Related Matters + +Sec. 2501. North Country Scenic Trail Route adjustment. +Sec. 2502. Extension of Lewis and Clark National Historic Trail. +Sec. 2503. American Discovery Trail signage. +Sec. 2504. Pike National Historic Trail study. + TITLE III--CONSERVATION AUTHORIZATIONS + +Sec. 3001. Reauthorization of Land and Water Conservation Fund. +Sec. 3002. Conservation incentives landowner education program. + TITLE IV--SPORTSMEN'S ACCESS AND RELATED MATTERS + + Subtitle A--National Policy + +Sec. 4001. Congressional declaration of national policy. + Subtitle B--Sportsmen's Access to Federal Land + +Sec. 4101. Definitions. +Sec. 4102. Federal land open to hunting, fishing, and recreational + shooting. +Sec. 4103. Closure of Federal land to hunting, fishing, and + recreational shooting. +Sec. 4104. Shooting ranges. +Sec. 4105. Identifying opportunities for recreation, hunting, and + fishing on Federal land. + Subtitle C--Open Book on Equal Access to Justice + +Sec. 4201. Federal action transparency. + Subtitle D--Migratory Bird Framework and Hunting Opportunities for + Veterans + +Sec. 4301. Federal closing date for hunting of ducks, mergansers, and + coots. + Subtitle E--Miscellaneous + +Sec. 4401. Respect for treaties and rights. +Sec. 4402. No priority. +Sec. 4403. State authority for fish and wildlife. + TITLE V--HAZARDS AND MAPPING + +Sec. 5001. National Volcano Early Warning and Monitoring System. +Sec. 5002. Reauthorization of National Geologic Mapping Act of 1992. + TITLE VI--NATIONAL HERITAGE AREAS + +Sec. 6001. National Heritage Area designations. +Sec. 6002. Adjustment of boundaries of Lincoln National Heritage Area. +Sec. 6003. Finger Lakes National Heritage Area study. +Sec. 6004. National Heritage Area amendments. + TITLE VII--WILDLIFE HABITAT AND CONSERVATION + +Sec. 7001. Wildlife habitat and conservation. +Sec. 7002. Reauthorization of Neotropical Migratory Bird Conservation + Act. +Sec. 7003. John H. Chafee Coastal Barrier Resources System. + TITLE VIII--WATER AND POWER + + Subtitle A--Reclamation Title Transfer + +Sec. 8001. Purpose. +Sec. 8002. Definitions. +Sec. 8003. Authorization of transfers of title to eligible facilities. +Sec. 8004. Eligibility criteria. +Sec. 8005. Liability. +Sec. 8006. Benefits. +Sec. 8007. Compliance with other laws. + Subtitle B--Endangered Fish Recovery Programs + +Sec. 8101. Extension of authorization for annual base funding of fish + recovery programs; removal of certain + reporting requirement. +Sec. 8102. Report on recovery implementation programs. + Subtitle C--Yakima River Basin Water Enhancement Project + +Sec. 8201. Authorization of phase III. +Sec. 8202. Modification of purposes and definitions. +Sec. 8203. Yakima River Basin Water Conservation Program. +Sec. 8204. Yakima Basin water projects, operations, and authorizations. + Subtitle D--Bureau of Reclamation Facility Conveyances + +Sec. 8301. Conveyance of Maintenance Complex and District Office of the + Arbuckle Project, Oklahoma. +Sec. 8302. Contra Costa Canal transfer. + Subtitle E--Project Authorizations + +Sec. 8401. Extension of Equus Beds Division of the Wichita Project. + Subtitle F--Modifications of Existing Programs + +Sec. 8501. Watersmart. + Subtitle G--Bureau of Reclamation Transparency + +Sec. 8601. Definitions. +Sec. 8602. Asset Management Report enhancements for reserved works. +Sec. 8603. Asset Management Report enhancements for transferred works. + TITLE IX--MISCELLANEOUS + +Sec. 9001. Every Kid Outdoors Act. +Sec. 9002. Good Samaritan Search and Recovery Act. +Sec. 9003. 21st Century Conservation Service Corps Act. +Sec. 9004. National Nordic Museum Act. +Sec. 9005. Designation of National George C. Marshall Museum and + Library. +Sec. 9006. 21st Century Respect Act. +Sec. 9007. American World War II Heritage Cities. +Sec. 9008. Quindaro Townsite National Commemorative Site. +Sec. 9009. Designation of National Comedy Center in Jamestown, New + York. +Sec. 9010. John H. Chafee Coastal Barrier Resources System. + +SEC. 2. DEFINITION OF SECRETARY. + + In this Act, the term ``Secretary'' means the Secretary of the +Interior. + + TITLE I--PUBLIC LAND AND FORESTS + + Subtitle A--Land Exchanges and Conveyances + +SEC. 1001. CRAGS LAND EXCHANGE, COLORADO. + + (a) Purposes.--The purposes of this section are-- + (1) to authorize, direct, expedite and facilitate the land + exchange set forth herein; and + (2) to promote enhanced public outdoor recreational and + natural resource conservation opportunities in the Pike + National Forest near Pikes Peak, Colorado, via acquisition of + the non-Federal land and trail easement. + (b) Definitions.--In this section: + (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a + Colorado corporation. + (2) Federal land.--The term ``Federal land'' means all + right, title, and interest of the United States in and to + approximately 83 acres of land within the Pike National Forest, + El Paso County, Colorado, together with a nonexclusive + perpetual access easement to BHI to and from such land on + Forest Service Road 371, as generally depicted on the map + entitled ``Proposed Crags Land Exchange-Federal Parcel-Emerald + Valley Ranch'' and dated March 2015. + (3) Non-federal land.--The term ``non-Federal land'' means + the land and trail easement to be conveyed to the Secretary by + BHI in the exchange and is-- + (A) approximately 320 acres of land within the Pike + National Forest, Teller County, Colorado, as generally + depicted on the map entitled ``Proposed Crags Land + Exchange-Non-Federal Parcel-Crags Property'' and dated + March 2015; and + (B) a permanent trail easement for the Barr Trail + in El Paso County, Colorado, as generally depicted on + the map entitled ``Proposed Crags Land Exchange-Barr + Trail Easement to United States'' and dated March 2015, + and which shall be considered as a voluntary donation + to the United States by BHI for all purposes of law. + (4) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture, unless otherwise specified. + (c) Land Exchange.-- + (1) In general.--If BHI offers to convey to the Secretary + all right, title, and interest of BHI in and to the non-Federal + land, the Secretary shall accept the offer and simultaneously + convey to BHI the Federal land. + (2) Land title.--Title to the non-Federal land conveyed and + donated to the Secretary under this section shall be acceptable + to the Secretary and shall conform to the title approval + standards of the Attorney General of the United States + applicable to land acquisitions by the Federal Government. + (3) Perpetual access easement to bhi.--The nonexclusive + perpetual access easement to be granted to BHI as shown on the + map referred to in subsection (b)(2) shall allow-- + (A) BHI to fully maintain, at BHI's expense, and + use Forest Service Road 371 from its junction with + Forest Service Road 368 in accordance with historic use + and maintenance patterns by BHI; and + (B) full and continued public and administrative + access and use of Forest Service Road 371 in accordance + with the existing Forest Service travel management + plan, or as such plan may be revised by the Secretary. + (4) Route and condition of road.--BHI and the Secretary may + mutually agree to improve, relocate, reconstruct, or otherwise + alter the route and condition of all or portions of such road + as the Secretary, in close consultation with BHI, may determine + advisable. + (5) Exchange costs.--BHI shall pay for all land survey, + appraisal, and other costs to the Secretary as may be necessary + to process and consummate the exchange directed by this + section, including reimbursement to the Secretary, if the + Secretary so requests, for staff time spent in such processing + and consummation. + (d) Equal Value Exchange and Appraisals.-- + (1) Appraisals.--The values of the lands to be exchanged + under this section shall be determined by the Secretary through + appraisals performed-- + (A) in accordance with-- + (i) the Uniform Appraisal Standards for + Federal Land Acquisitions; + (ii) the Uniform Standards of Professional + Appraisal Practice; and + (iii) appraisal instructions issued by the + Secretary; and + (B) by an appraiser mutually agreed to by the + Secretary and BHI. + (2) Equal value exchange.--The values of the Federal land + and non-Federal land parcels exchanged shall be equal, or if + they are not equal, shall be equalized as follows: + (A) Surplus of federal land value.--If the final + appraised value of the Federal land exceeds the final + appraised value of the non-Federal land parcel + identified in subsection (b)(3)(A), BHI shall make a + cash equalization payment to the United States as + necessary to achieve equal value, including, if + necessary, an amount in excess of that authorized + pursuant to section 206(b) of the Federal Land Policy + and Management Act of l976 (43 U.S.C. 1716(b)). + (B) Use of funds.--Any cash equalization moneys + received by the Secretary under subparagraph (A) shall + be-- + (i) deposited in the fund established under + Public Law 90-171 (commonly known as the ``Sisk + Act''; 16 U.S.C. 484a); and + (ii) made available to the Secretary for + the acquisition of land or interests in land in + Region 2 of the Forest Service. + (C) Surplus of non-federal land value.--If the + final appraised value of the non-Federal land parcel + identified in subsection (b)(3)(A) exceeds the final + appraised value of the Federal land, the United States + shall not make a cash equalization payment to BHI, and + surplus value of the non-Federal land shall be + considered a donation by BHI to the United States for + all purposes of law. + (3) Appraisal exclusions.-- + (A) Special use permit.--The appraised value of the + Federal land parcel shall not reflect any increase or + diminution in value due to the special use permit + existing on the date of enactment of this Act to BHI on + the parcel and improvements thereunder. + (B) Barr trail easement.--The Barr Trail easement + donation identified in subsection (b)(3)(B) shall not + be appraised for purposes of this section. + (e) Miscellaneous Provisions.-- + (1) Withdrawal provisions.-- + (A) Withdrawal.--Lands acquired by the Secretary + under this section shall, without further action by the + Secretary, be permanently withdrawn from all forms of + appropriation and disposal under the public land laws + (including the mining and mineral leasing laws) and the + Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.). + (B) Withdrawal revocation.--Any public land order + that withdraws the Federal land from appropriation or + disposal under a public land law shall be revoked to + the extent necessary to permit disposal of the Federal + land parcel to BHI. + (C) Withdrawal of federal land.--All Federal land + authorized to be exchanged under this section, if not + already withdrawn or segregated from appropriation or + disposal under the public lands laws upon enactment of + this Act, is hereby so withdrawn, subject to valid + existing rights, until the date of conveyance of the + Federal land to BHI. + (2) Postexchange land management.--Land acquired by the + Secretary under this section shall become part of the Pike-San + Isabel National Forest and be managed in accordance with the + laws, rules, and regulations applicable to the National Forest + System. + (3) Exchange timetable.--It is the intent of Congress that + the land exchange directed by this section be consummated no + later than 1 year after the date of enactment of this Act. + (4) Maps, estimates, and descriptions.-- + (A) Minor errors.--The Secretary and BHI may by + mutual agreement make minor boundary adjustments to the + Federal and non-Federal lands involved in the exchange, + and may correct any minor errors in any map, acreage + estimate, or description of any land to be exchanged. + (B) Conflict.--If there is a conflict between a + map, an acreage estimate, or a description of land + under this section, the map shall control unless the + Secretary and BHI mutually agree otherwise. + (C) Availability.--Upon enactment of this Act, the + Secretary shall file and make available for public + inspection in the headquarters of the Pike-San Isabel + National Forest a copy of all maps referred to in this + section. + +SEC. 1002. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT. + + (a) In General.--The boundary of the Arapaho National Forest in the +State of Colorado is adjusted to incorporate the approximately 92.95 +acres of land generally depicted as ``The Wedge'' on the map entitled +``Arapaho National Forest Boundary Adjustment'' and dated November 6, +2013, and described as lots three, four, eight, and nine of section 13, +Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. A +lot described in this subsection may be included in the boundary +adjustment only after the Secretary of Agriculture obtains written +permission for such action from the lot owner or owners. + (b) Bowen Gulch Protection Area.--The Secretary of Agriculture +shall include all Federal land within the boundary described in +subsection (a) in the Bowen Gulch Protection Area established under +section 6 of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j). + (c) Land and Water Conservation Fund.--For purposes of section +200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of +the Arapaho National Forest, as modified under subsection (a), shall be +considered to be the boundaries of the Arapaho National Forest as in +existence on January 1, 1965. + (d) Public Motorized Use.--Nothing in this section opens privately +owned lands within the boundary described in subsection (a) to public +motorized use. + (e) Access to Non-Federal Lands.--Notwithstanding the provisions of +section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) +regarding motorized travel, the owners of any non-Federal lands within +the boundary described in subsection (a) who historically have accessed +their lands through lands now or hereafter owned by the United States +within the boundary described in subsection (a) shall have the +continued right of motorized access to their lands across the existing +roadway. + +SEC. 1003. SANTA ANA RIVER WASH PLAN LAND EXCHANGE. + + (a) Definitions.--In this section: + (1) Conservation district.--The term ``Conservation + District'' means the San Bernardino Valley Water Conservation + District, a political subdivision of the State of California. + (2) Federal exchange parcel.--The term ``Federal exchange + parcel'' means the approximately 90 acres of Federal land + administered by the Bureau of Land Management generally + depicted as ``BLM Equalization Land to SBVWCD'' on the Map and + is to be conveyed to the Conservation District if necessary to + equalize the fair market values of the lands otherwise to be + exchanged. + (3) Federal land.--The term ``Federal land'' means the + approximately 327 acres of Federal land administered by the + Bureau of Land Management generally depicted as ``BLM Land to + SBVWCD'' on the Map. + (4) Map.--The term ``Map'' means the map entitled ``Santa + Ana River Wash Land Exchange'' and dated September 3, 2015. + (5) Non-federal exchange parcel.--The term ``non-Federal + exchange parcel'' means the approximately 59 acres of land + owned by the Conservation District generally depicted as + ``SBVWCD Equalization Land'' on the Map and is to be conveyed + to the United States if necessary to equalize the fair market + values of the lands otherwise to be exchanged. + (6) Non-federal land.--The term ``non-Federal Land'' means + the approximately 310 acres of land owned by the Conservation + District generally depicted as ``SBVWCD to BLM'' on the Map. + (b) Exchange of Land; Equalization of Value.-- + (1) Exchange authorized.--Notwithstanding the land use + planning requirements of sections 202, 210, and 211 of the + Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, + 1720, 1721), subject to valid existing rights, and conditioned + upon any equalization payment necessary under section 206(b) of + the Federal Land Policy and Management Act of 1976 (43 U.S.C. + 1716(b)), and paragraph (2), as soon as practicable, but not + later than 2 years after the date of enactment of this Act, if + the Conservation District offers to convey the exchange land to + the United States, the Secretary shall-- + (A) convey to the Conservation District all right, + title, and interest of the United States in and to the + Federal land, and any such portion of the Federal + exchange parcel as may be required to equalize the + values of the lands exchanged; and + (B) accept from the Conservation District a + conveyance of all right, title, and interest of the + Conservation District in and to the non-Federal land, + and any such portion of the non-Federal exchange parcel + as may be required to equalize the values of the lands + exchanged. + (2) Equalization payment.--To the extent an equalization + payment is necessary under section 206(b) of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the + amount of such equalization payment shall first be made by way + of in-kind transfer of such portion of the Federal exchange + parcel to the Conservation District, or transfer of such + portion of the non-Federal exchange parcel to the United + States, as the case may be, as may be necessary to equalize the + fair market values of the exchanged properties. The fair market + value of the Federal exchange parcel or non-Federal exchange + parcel, as the case may be, shall be credited against any + required equalization payment. To the extent such credit is not + sufficient to offset the entire amount of equalization payment + so indicated, any remaining amount of equalization payment + shall be treated as follows: + (A) If the equalization payment is to equalize + values by which the Federal land exceeds the non- + Federal land and the credited value of the non-Federal + exchange parcel, Conservation District may make the + equalization payment to the United States, + notwithstanding any limitation regarding the amount of + the equalization payment under section 206(b) of the + Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1716(b)). In the event Conservation District + opts not to make the indicated equalization payment, + the exchange shall not proceed. + (B) If the equalization payment is to equalize + values by which the non-Federal land exceeds the + Federal land and the credited value of the Federal + exchange parcel, the Secretary shall order the exchange + without requirement of any additional equalization + payment by the United States to the Conservation + District. + (3) Appraisals.-- + (A) The value of the land to be exchanged under + this section shall be determined by appraisals + conducted by one or more independent and qualified + appraisers. + (B) The appraisals shall be conducted in accordance + with nationally recognized appraisal standards, + including, as appropriate, the Uniform Appraisal + Standards for Federal Land Acquisitions and the Uniform + Standards of Professional Appraisal Practice. + (4) Title approval.--Title to the land to be exchanged + under this section shall be in a format acceptable to the + Secretary and the Conservation District. + (5) Map and legal descriptions.--As soon as practicable + after the date of enactment of this Act, the Secretary shall + finalize a map and legal descriptions of all land to be + conveyed under this section. The Secretary may correct any + minor errors in the map or in the legal descriptions. The map + and legal descriptions shall be on file and available for + public inspection in appropriate offices of the Bureau of Land + Management. + (6) Costs of conveyance.--As a condition of conveyance, any + costs related to the conveyance under this section shall be + paid by the Conservation District. + (c) Applicable Law.-- + (1) Act of february 20, 1909.-- + (A) The Act of February 20, 1909 (35 Stat. 641), + shall not apply to the Federal land and any public + exchange land transferred under this section. + (B) The exchange of lands under this section shall + be subject to continuing rights of the Conservation + District under the Act of February 20, 1909 (35 Stat. + 641), on the non-Federal land and any exchanged portion + of the non-Federal exchange parcel for the continued + use, maintenance, operation, construction, or + relocation of, or expansion of, groundwater recharge + facilities on the non-Federal land, to accommodate + groundwater recharge of the Bunker Hill Basin to the + extent that such activities are not in conflict with + any Habitat Conservation Plan or Habitat Management + Plan under which such non-Federal land or non-Federal + exchange parcel may be held or managed. + (2) FLPMA.--Except as otherwise provided in this section, + the Federal Land Policy and Management Act of 1976 (43 U.S.C. + 1701 et seq.), shall apply to the exchange of land under this + section. + (d) Cancellation of Secretarial Order 241.--Secretarial Order 241, +dated November 11, 1929 (withdrawing a portion of the Federal land for +an unconstructed transmission line), is terminated and the withdrawal +thereby effected is revoked. + +SEC. 1004. UDALL PARK LAND EXCHANGE. + + (a) Definitions.--In this section: + (1) City.--The term ``City'' means the city of Tucson, + Arizona. + (2) Non-federal land.--The term ``non-Federal land'' means + the approximately 172.8-acre parcel of City land identified in + the patent numbered 02-90-0001 and dated October 4, 1989, and + more particularly described as lots 3 and 4, S\1/2\NW\1/4\, + sec. 5, T.14 S., R.15 E., Gila and Salt River Meridian, + Arizona. + (b) Conveyance of Federal Reversionary Interest in Land Located in +Tucson, Arizona.-- + (1) In general.--Notwithstanding any other provision of + law, the Secretary shall convey to the City, without + consideration, the reversionary interests of the United States + in and to the non-Federal land for the purpose of unencumbering + the title to the non-Federal land to enable economic + development of the non-Federal land. + (2) Legal descriptions.--As soon as practicable after the + date of enactment of this Act, the exact legal descriptions of + the non-Federal land shall be determined in a manner + satisfactory to the Secretary. + (3) Additional terms and conditions.--The Secretary may + require such additional terms and conditions to the conveyance + under paragraph (1), consistent with that paragraph, as the + Secretary considers appropriate to protect the interests of the + United States. + (4) Costs.--The City shall pay all costs associated with + the conveyance under paragraph (1), consistent with that + paragraph, including the costs of any surveys, recording costs, + and other reasonable costs. + +SEC. 1005. CONFIRMATION OF STATE LAND GRANTS. + + (a) In General.--Subject to valid existing rights, the State of +Utah may select any lands in T. 6 S. and T. 7 S., R. 1 W., Salt Lake +Base and Meridian, that are owned by the United States, under the +administrative jurisdiction of the Bureau of Land Management, and +identified as available for disposal by land exchange in the Record of +Decision for the Pony Express Resource Management Plan and Rangeland +Program Summary for Utah County (January 1990), as amended by the Pony +Express Plan Amendment (November 1997), in fulfillment of the land +grants made in sections 6, 8, and 12 of the Act of July 16, 1894 (28 +Stat. 107) as generally depicted on the map entitled ``Proposed Utah +County Quantity Grants'' and dated June 27, 2017, to further the +purposes of the State of Utah School and Institutional Trust Lands +Administration, without further land use planning action by the Bureau +of Land Management. + (b) Application.--The criteria listed in Decision 3 of the Lands +Program of the resource management plan described in subsection (a) +shall not apply to any land selected under that subsection. + (c) Effect on Limitation.--Nothing in this section affects the +limitation established under section 2815(d) of the National Defense +Authorization Act for Fiscal Year 2000 (Public Law 106-65). + +SEC. 1006. CUSTER COUNTY AIRPORT CONVEYANCE. + + (a) Definitions.--In this section: + (1) County.--The term ``County'' means Custer County, South + Dakota. + (2) Federal land.--The term ``Federal land'' means all + right, title, and interest of the United States in and to + approximately 65.7 acres of National Forest System land, as + generally depicted on the map. + (3) Map.--The term ``map'' means the map entitled ``Custer + County Airport Conveyance'' and dated October 19, 2017. + (4) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture, acting through the Chief of the Forest Service. + (b) Land Conveyance.-- + (1) In general.--Subject to the terms and conditions + described in paragraph (2), if the County submits to the + Secretary an offer to acquire the Federal land for the market + value, as determined by the appraisal under paragraph (3), the + Secretary shall convey the Federal land to the County. + (2) Terms and conditions.--The conveyance under paragraph + (1) shall be-- + (A) subject to valid existing rights; + (B) made by quitclaim deed; and + (C) subject to any other terms and conditions as + the Secretary considers appropriate to protect the + interests of the United States. + (3) Appraisal.-- + (A) In general.--Not later than 60 days after the + date of enactment of this Act, the Secretary shall + complete an appraisal to determine the market value of + the Federal land. + (B) Standards.--The appraisal under subparagraph + (A) shall be conducted in accordance with-- + (i) the Uniform Appraisal Standards for + Federal Land Acquisitions; and + (ii) the Uniform Standards of Professional + Appraisal Practice. + (4) Map.-- + (A) Availability of map.--The map shall be kept on + file and available for public inspection in the + appropriate office of the Forest Service. + (B) Correction of errors.--The Secretary may + correct any errors in the map. + (5) Consideration.--As consideration for the conveyance + under paragraph (1), the County shall pay to the Secretary an + amount equal to the market value of the Federal land, as + determined by the appraisal under paragraph (3). + (6) Survey.--The exact acreage and legal description of the + Federal land to be conveyed under paragraph (1) shall be + determined by a survey satisfactory to the Secretary. + (7) Costs of conveyance.--As a condition on the conveyance + under paragraph (1), the County shall pay to the Secretary all + costs associated with the conveyance, including the cost of-- + (A) the appraisal under paragraph (3); and + (B) the survey under paragraph (6). + (8) Proceeds from the sale of land.--Any proceeds received + by the Secretary from the conveyance under paragraph (1) shall + be-- + (A) deposited in the fund established under Public + Law 90-171 (commonly known as the ``Sisk Act'') (16 + U.S.C. 484a); and + (B) available to the Secretary until expended, + without further appropriation, for the acquisition of + inholdings in units of the National Forest System in + the State of South Dakota. + +SEC. 1007. PASCUA YAQUI TRIBE LAND CONVEYANCE. + + (a) Definitions.--In this section: + (1) District.--The term ``District'' means the Tucson + Unified School District No. 1, a school district recognized as + such under the laws of the State of Arizona. + (2) Map.--The term ``Map'' means the map entitled ```Pascua + Yaqui Tribe Land Conveyance Act'', dated March 14, 2016, and on + file and available for public inspection in the local office of + the Bureau of Land Management. + (3) Recreation and public purposes act.--The term + ``Recreation and Public Purposes Act'' means the Act of June + 14, 1926 (43 U.S.C. 869 et seq.). + (4) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe + of Arizona, a federally recognized Indian Tribe. + (b) Land to Be Held in Trust.-- + (1) Parcel a.--Subject to paragraph (2) and to valid + existing rights, all right, title, and interest of the United + States in and to the approximately 39.65 acres of Federal lands + generally depicted on the map as ``Parcel A'' are declared to + be held in trust by the United States for the benefit of the + Tribe. + (2) Effective date.--Paragraph (1) shall take effect on the + day after the date on which the District relinquishes all + right, title, and interest of the District in and to the + approximately 39.65 acres of land described in paragraph (1). + (c) Lands to Be Conveyed to the District.-- + (1) Parcel b.-- + (A) In general.--Subject to valid existing rights + and payment to the United States of the fair market + value, the United States shall convey to the District + all right, title, and interest of the United States in + and to the approximately 13.24 acres of Federal lands + generally depicted on the map as ``Parcel B''. + (B) Determination of fair market value.--The fair + market value of the property to be conveyed under + subparagraph (A) shall be determined by the Secretary + in accordance with the Uniform Appraisal Standards for + Federal Land Acquisitions and the Uniform Standards of + Professional Appraisal Practice. + (C) Costs of conveyance.--As a condition of the + conveyance under this paragraph, all costs associated + with the conveyance shall be paid by the District. + (2) Parcel c.-- + (A) In general.--If, not later than 1 year after + the completion of the appraisal required by + subparagraph (C), the District submits to the Secretary + an offer to acquire the Federal reversionary interest + in all of the approximately 27.5 acres of land conveyed + to the District under Recreation and Public Purposes + Act and generally depicted on the map as ``Parcel C'', + the Secretary shall convey to the District such + reversionary interest in the lands covered by the + offer. The Secretary shall complete the conveyance not + later than 30 days after the date of the offer. + (B) Survey.--Not later than 90 days after the date + of enactment of this Act, the Secretary shall complete + a survey of the lands described in this paragraph to + determine the precise boundaries and acreage of the + lands subject to the Federal reversionary interest. + (C) Appraisal.--Not later than 180 days after the + date of enactment of this Act, the Secretary shall + complete an appraisal of the Federal reversionary + interest in the lands identified by the survey required + by subparagraph (B). The appraisal shall be completed + in accordance with the Uniform Appraisal Standards for + Federal Land Acquisitions and the Uniform Standards of + Professional Appraisal Practice. + (D) Consideration.--As consideration for the + conveyance of the Federal reversionary interest under + this paragraph, the District shall pay to the Secretary + an amount equal to the appraised value of the Federal + interest, as determined under subparagraph (C). The + consideration shall be paid not later than 30 days + after the date of the conveyance. + (E) Costs of conveyance.--As a condition of the + conveyance under this paragraph, all costs associated + with the conveyance, including the cost of the survey + required by subparagraph (B) and the appraisal required + by subparagraph (C), shall be paid by the District. + (d) Gaming Prohibition.--The Tribe may not conduct gaming +activities on lands taken into trust pursuant to this section, either +as a matter of claimed inherent authority, under the authority of any +Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 +et seq.), or under regulations promulgated by the Secretary or the +National Indian Gaming Commission. + (e) Water Rights.-- + (1) In general.--There shall be no Federal reserved right + to surface water or groundwater for any land taken into trust + by the United States for the benefit of the Tribe under this + section. + (2) State water rights.--The Tribe retains any right or + claim to water under State law for any land taken into trust by + the United States for the benefit of the Tribe under this + section. + (3) Forfeiture or abandonment.--Any water rights that are + appurtenant to land taken into trust by the United States for + the benefit of the Tribe under this section may not be + forfeited or abandoned. + (4) Administration.--Nothing in this section affects or + modifies any right of the Tribe or any obligation of the United + States under Public Law 95-375. + +SEC. 1008. LA PAZ COUNTY LAND CONVEYANCE. + + (a) Definitions.--In this section: + (1) County.--The term ``County'' means La Paz County, + Arizona. + (2) Federal land.--The term ``Federal land'' means the + approximately 5,935 acres of land managed by the Bureau of Land + Management and designated as ``Federal land to be conveyed'' on + the map. + (3) Map.--The term ``map'' means the map prepared by the + Bureau of Land Management entitled ``Proposed La Paz County + Land Conveyance'' and dated October 1, 2018. + (b) Conveyance to La Paz County, Arizona.-- + (1) In general.--Notwithstanding the planning requirement + of sections 202 and 203 of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1712, 1713) and in accordance + with this section and other applicable law, as soon as + practicable after receiving a request from the County to convey + the Federal land, the Secretary shall convey the Federal land + to the County. + (2) Restrictions on conveyance.-- + (A) In general.--The conveyance under paragraph (1) + shall be subject to-- + (i) valid existing rights; and + (ii) such terms and conditions as the + Secretary determines to be necessary. + (B) Exclusion.--The Secretary shall exclude from + the conveyance under paragraph (1) any Federal land + that contains significant cultural, environmental, + wildlife, or recreational resources. + (3) Payment of fair market value.--The conveyance under + paragraph (1) shall be for the fair market value of the Federal + land to be conveyed, as determined-- + (A) in accordance with the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1701 et seq.); and + (B) based on an appraisal that is conducted in + accordance with-- + (i) the Uniform Appraisal Standards for + Federal Land Acquisitions; and + (ii) the Uniform Standards of Professional + Appraisal Practice. + (4) Protection of tribal cultural artifacts.--As a + condition of the conveyance under paragraph (1), the County + shall, and as a condition of any subsequent conveyance, any + subsequent owner shall-- + (A) make good faith efforts to avoid disturbing + Tribal artifacts; + (B) minimize impacts on Tribal artifacts if they + are disturbed; + (C) coordinate with the Colorado River Indian + Tribes Tribal Historic Preservation Office to identify + artifacts of cultural and historic significance; and + (D) allow Tribal representatives to rebury + unearthed artifacts at or near where they were + discovered. + (5) Availability of map.-- + (A) In general.--The map shall be on file and + available for public inspection in the appropriate + offices of the Bureau of Land Management. + (B) Corrections.--The Secretary and the County may, + by mutual agreement-- + (i) make minor boundary adjustments to the + Federal land to be conveyed under paragraph + (1); and + (ii) correct any minor errors in the map, + an acreage estimate, or the description of the + Federal land. + (6) Withdrawal.--The Federal land is withdrawn from the + operation of the mining and mineral leasing laws of the United + States. + (7) Costs.--As a condition of the conveyance of the Federal + land under paragraph (1), the County shall pay-- + (A) an amount equal to the appraised value + determined in accordance with paragraph (3)(B); and + (B) all costs related to the conveyance, including + all surveys, appraisals, and other administrative costs + associated with the conveyance of the Federal land to + the County under paragraph (1). + (8) Proceeds from the sale of land.--The proceeds from the + sale of land under this subsection shall be-- + (A) deposited in the Federal Land Disposal Account + established by section 206(a) of the Federal Land + Transaction Facilitation Act (43 U.S.C. 2305(a)); and + (B) used in accordance with that Act (43 U.S.C. + 2301 et seq.). + +SEC. 1009. LAKE BISTINEAU LAND TITLE STABILITY. + + (a) Definitions.--In this section: + (1) Claimant.--The term ``claimant'' means any individual, + group, or corporation authorized to hold title to land or + mineral interests in land in the State of Louisiana with a + valid claim to the omitted land, including any mineral + interests. + (2) Map.--The term ``Map'' means the map entitled ``Lands + as Delineated by Original Survey December 18, 1842 showing the + 1969 Meander Line at the 148.6 Elevation Line'' and dated + January 30, 2018. + (3) Omitted land.-- + (A) In general.--The term ``omitted land'' means + the land in lots 6, 7, 8, 9, 10, 11, 12, and 13 of sec. + 30, T. 16 N., R. 10 W., Louisiana Meridian, comprising + a total of approximately 229.72 acres, as depicted on + the Map, that-- + (i) was in place during the Original + Survey; but + (ii) was not included in the Original + Survey. + (B) Inclusion.--The term ``omitted land'' + includes-- + (i) Peggy's Island in lot 1 of sec. 17, T. + 16 N., R. 10 W., Louisiana Meridian; and + (ii) Hog Island in lot 1 of sec. 29, T. 16 + N., R. 10 W., Louisiana Meridian. + (4) Original survey.--The term ``Original Survey'' means + the survey of land surrounding Lake Bistineau, Louisiana, + conducted by the General Land Office in 1838 and approved by + the Surveyor General on December 8, 1842. + (b) Conveyances.-- + (1) In general.--Consistent with the first section of the + Act of December 22, 1928 (commonly known as the ``Color of + Title Act'') (45 Stat. 1069, chapter 47; 43 U.S.C. 1068), + except as provided by this section, the Secretary shall convey + to the claimant the omitted land, including any mineral + interests, that has been held in good faith and in peaceful, + adverse possession by a claimant or an ancestor or grantor of + the claimant, under claim or color of title, based on the + Original Survey. + (2) Confirmation of title.--The conveyance or patent of + omitted land to a claimant under paragraph (1) shall have the + effect of confirming title to the surface and minerals in the + claimant and shall not serve as any admission by a claimant. + (c) Payment of Costs.-- + (1) In general.--Except as provided in paragraph (2), the + conveyance required under subsection (b) shall be without + consideration. + (2) Condition.--As a condition of the conveyance of the + omitted land under subsection (b), before making the + conveyance, the Secretary shall recover from the State of + Louisiana any costs incurred by the Secretary relating to any + survey, platting, legal description, or associated activities + required to prepare and issue a patent under that subsection. + (d) Map and Legal Description.--As soon as practicable after the +date of enactment of this Act, the Secretary shall file, and make +available for public inspection in the appropriate offices of the +Bureau of Land and Management, the Map and legal descriptions of the +omitted land to be conveyed under subsection (b). + +SEC. 1010. LAKE FANNIN LAND CONVEYANCE. + + (a) Definitions.--In this section: + (1) County.--The term ``County'' means Fannin County, + Texas. + (2) Map.--The term ``map'' means the map entitled ``Lake + Fannin Conveyance'' and dated November 21, 2013. + (3) National forest system land.--The term ``National + Forest System land'' means the approximately 2,025 acres of + National Forest System land generally depicted on the map. + (4) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture, acting through the Chief of the Forest Service. + (b) Land Conveyance.-- + (1) In general.--Subject to the terms and conditions + described in paragraph (2), if the County submits to the + Secretary an offer to acquire the National Forest System land + for the fair market value, as determined by the appraisal under + paragraph (3), the Secretary shall convey the National Forest + System land to the County. + (2) Terms and conditions.--The conveyance under paragraph + (1) shall be-- + (A) subject to valid existing rights; + (B) made by quitclaim deed; and + (C) subject to any other terms and conditions as + the Secretary considers appropriate to protect the + interests of the United States. + (3) Appraisal.-- + (A) In general.--Not later than 180 days after the + date of enactment of this Act, the Secretary shall + complete an appraisal to determine the fair market + value of the National Forest System land. + (B) Standards.--The appraisal under subparagraph + (A) shall be conducted in accordance with-- + (i) the Uniform Appraisal Standards for + Federal Land Acquisitions; and + (ii) the Uniform Standards of Professional + Appraisal Practice. + (4) Map.-- + (A) Availability of map.--The map shall be kept on + file and available for public inspection in the + appropriate office of the Forest Service. + (B) Correction of errors.--The Secretary may + correct minor errors in the map. + (5) Consideration.--As consideration for the conveyance + under paragraph (1), the County shall pay to the Secretary an + amount equal to the fair market value of the National Forest + System land, as determined by the appraisal under paragraph + (3). + (6) Survey.--The exact acreage and legal description of the + National Forest System land to be conveyed under paragraph (1) + shall be determined by a survey satisfactory to the Secretary + and the County. + (7) Use.--As a condition of the conveyance under paragraph + (1), the County shall agree to manage the land conveyed under + that subsection for public recreational purposes. + (8) Costs of conveyance.--As a condition on the conveyance + under paragraph (1), the County shall pay to the Secretary all + costs associated with the conveyance, including the cost of-- + (A) the appraisal under paragraph (3); and + (B) the survey under paragraph (6). + +SEC. 1011. LAND CONVEYANCE AND UTILITY RIGHT-OF-WAY, HENRY'S LAKE + WILDERNESS STUDY AREA, IDAHO. + + (a) Conveyance and Right-of-Way Authorized.--Notwithstanding +section 603(c) of the Federal Land Policy and Management Act of 1976 +(43 U.S.C. 1782(c)), the Secretary may-- + (1) convey to the owner of a private residence located at + 3787 Valhalla Road in Island Park, Idaho (in this section + referred to as the ``owner''), all right, title, and interest + of the United States in and to the approximately 0.5 acres of + Federal land in the Henry's Lake Wilderness Study Area + described as lot 14, section 33, Township 16 North, Range 43 + East, Boise Meridian, Fremont County, Idaho; and + (2) grant Fall River Electric in Ashton, Idaho, the right + to operate, maintain, and rehabilitate a right-of-way + encumbering approximately 0.4 acres of Federal land in the + Henry's Lake Wilderness Study Area described as lot 15, section + 33, Township 16 North, Range 43 East, Boise Meridian, Fremont + County, Idaho, which includes an electric distribution line and + access road, 850' in length, 20' in width. + (b) Consideration; Conditions.-- + (1) Land disposal.--The Secretary shall convey the land + under subsection (a)(1) in accordance with section 203 of the + Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) + and part 2711.3-3 of title 43, Code of Federal Regulations. As + consideration for the conveyance the owner shall pay to the + Secretary an amount equal to the fair market value as valued by + a qualified land appraisal and approved by the Appraisal and + Valuation Services Office. + (2) Right-of-way.--The Secretary shall grant the right-of- + way granted under subsection (a)(2) in accordance with section + 205 of the Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1715), and part 2800 of title 43, Code of Federal + Regulations. + (c) Additional Terms and Conditions.--The Secretary may require +such additional terms and conditions in connection with the conveyance +of the land and the grant of the right-of-way under this section as the +Secretary considers appropriate to protect the interests of the United +States. + +SEC. 1012. CONVEYANCE TO UKPEAGVIK INUPIAT CORPORATION. + + (a) In General.--Not later than 1 year after the date of enactment +of this Act, subject to valid existing rights, the Secretary shall +convey to the Ukpeagvik Inupiat Corporation all right, title, and +interest held by the United States in and to sand and gravel deposits +underlying the surface estate owned by the Ukpeagvik Inupiat +Corporation within and contiguous to the Barrow gas fields, and more +particularly described as follows: + (1) T. 21 N. R. 16 W., secs. 7, 17-18, 19-21, and 28-29, of + the Umiat Meridian. + (2) T. 21 N. R. 17 W., secs. 1-2 and 11-14, of the Umiat + Meridian. + (3) T. 22 N. R. 18 W., secs. 4, 9, and 29-32, of the Umiat + Meridian. + (4) T. 22 N. R. 19 W., secs. 25 and 36, of the Umiat + Meridian. + (b) Entitlement Fulfilled.--The conveyance under this section shall +fulfill the entitlement granted to the Ukpeagvik Inupiat Corporation +under section 12(a) of the Alaska Native Claims Settlement Act (43 +U.S.C. 1611(a)). + (c) Compliance With Endangered Species Act of 1973.--Nothing in +this section affects any requirement, prohibition, or exception under +the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). + +SEC. 1013. PUBLIC PURPOSE CONVEYANCE TO CITY OF HYDE PARK, UTAH. + + (a) In General.--Notwithstanding the land use planning requirement +of sections 202 and 203 of the Federal Land Policy and Management Act +of 1976 (43 U.S.C. 1712, 1713), on written request by the City of Hyde +Park, Utah (referred to in this section as the ``City''), the Secretary +shall convey, without consideration, to the City the parcel of public +land described in subsection (b)(1) for public recreation or other +public purposes consistent with uses allowed under the Act of June 14, +1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 +U.S.C. 869 et seq.). + (b) Description of Land.-- + (1) In general.--The parcel of public land referred to in + subsection (a) is the approximately 80-acre parcel identified + on the map entitled ``Hyde Park Land Conveyance Act'' and dated + October 23, 2017. + (2) Availability of map.--The map referred to in paragraph + (1) shall be on file and available for public inspection in + appropriate offices of the Bureau of Land Management. + (c) Survey.--The exact acreage and legal description of the land to +be conveyed under this section shall be determined by a survey +satisfactory to the Secretary. + (d) Conveyance Costs.--As a condition for the conveyance under this +section, all costs associated with the conveyance shall be paid by the +City. + +SEC. 1014. JUAB COUNTY CONVEYANCE. + + (a) Definitions.--In this section: + (1) County.--The term ``County'' means Juab County, Utah. + (2) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture, acting through the Chief of the Forest Service. + (3) Nephi work center conveyance parcel.--The term ``Nephi + Work Center conveyance parcel'' means the parcel of + approximately 2.17 acres of National Forest System land in the + County, located at 740 South Main Street, Nephi, Utah, as + depicted as Tax Lot Numbers #XA00-0545-1111 and #XA00-0545-2 on + the map entitled ``Nephi Plat B'' and dated May 6, 1981. + (b) Conveyance of Nephi Work Center Conveyance Parcel, Juab County, +Utah.-- + (1) In general.--Not later than 1 year after the date on + which the Secretary receives a request from the County and + subject to valid existing rights and such terms and conditions + as are mutually satisfactory to the Secretary and the County, + including such additional terms as the Secretary determines to + be necessary, the Secretary shall convey to the County without + consideration all right, title, and interest of the United + States in and to the Nephi Work Center conveyance parcel. + (2) Costs.--Any costs relating to the conveyance under + paragraph (1), including processing and transaction costs, + shall be paid by the County. + (3) Use of land.--The land conveyed to the County under + paragraph (1) shall be used by the County-- + (A) to house fire suppression and fuels mitigation + personnel; + (B) to facilitate fire suppression and fuels + mitigation activities; and + (C) for infrastructure and equipment necessary to + carry out subparagraphs (A) and (B). + +SEC. 1015. BLACK MOUNTAIN RANGE AND BULLHEAD CITY LAND EXCHANGE. + + (a) Definitions.--In this section: + (1) City.--The term ``City'' means Bullhead City, Arizona. + (2) Non-federal land.--The term ``non-Federal Land'' means + the approximately 1,100 acres of land owned by Bullhead City in + the Black Mountain Range generally depicted as ``Bullhead City + Land to be Exchanged to BLM'' on the Map. + (3) Map.--The term ``Map'' means the map entitled + ``Bullhead City Land Exchange'' and dated August 24, 2018. + (4) Federal land.--The term ``Federal land'' means the + approximately 345.2 acres of land in Bullhead City, Arizona, + generally depicted as ``Federal Land to be exchanged to + Bullhead City'' on the Map. + (b) Land Exchange.-- + (1) In general.--If after December 15, 2020, the City + offers to convey to the Secretary all right, title, and + interest of the City in and to the non-Federal land, the + Secretary shall accept the offer and simultaneously convey to + the City all right, title, and interest of the United States in + and to the Federal land. + (2) Land title.--Title to the non-Federal land conveyed to + the Secretary under this section shall be in a form acceptable + to the Secretary and shall conform to the title approval + standards of the Attorney General of the United States + applicable to land acquisitions by the Federal Government. + (3) Exchange costs.--The City shall pay for all land + survey, appraisal, and other costs to the Secretary as may be + necessary to process and consummate the exchange under this + section. + (c) Equal Value Exchange and Appraisals.-- + (1) Appraisals.--The values of the lands to be exchanged + under this section shall be determined by the Secretary through + appraisals performed-- + (A) in accordance with-- + (i) the Uniform Appraisal Standards for + Federal Land Acquisitions; + (ii) the Uniform Standards of Professional + Appraisal Practice; and + (iii) appraisal instructions issued by the + Secretary; and + (B) by an appraiser mutually agreed to by the + Secretary and the City. + (2) Equal value exchange.--The values of the Federal and + non-Federal land parcels exchanged shall be equal, or if they + are not equal, shall be equalized as follows: + (A) Surplus of federal land value.--If the final + appraised value of the Federal land exceeds the final + appraised value of the non-Federal land, the City shall + reduce the amount of land it is requesting from the + Federal Government in order to create an equal value in + accordance with section 206(b) of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1716(b)). + Land that is not exchanged because of equalization + under this subparagraph shall remain subject to lease + under the Act of June 14, 1926 (commonly known as the + ``Recreation and Public Purposes Act'') (44 Stat. 741, + chapter 578; 43 U.S.C. 869 et seq.). + (B) Use of funds.--Any cash equalization moneys + received by the Secretary under subparagraph (A) shall + be-- + (i) deposited in the Federal Land Disposal + Account established by section 206(a) of the + Federal Land Transaction Facilitation Act (43 + U.S.C. 2305(a)); and + (ii) used in accordance with that Act (43 + U.S.C. 2301 et seq.). + (C) Surplus of non-federal land value.--If the + final appraised value of the non-Federal land exceeds + the final appraised value of the Federal land, the + United States shall not make a cash equalization + payment to the City, and surplus value of the non- + Federal land shall be considered a donation by the City + to the United States for all purposes of law. + (d) Withdrawal Provisions.--Lands acquired by the Secretary under +this section are, upon such acquisition, automatically and permanently +withdrawn from all forms of appropriation and disposal under the public +land laws (including the mining and mineral leasing laws) and the +Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.). + (e) Maps, Estimates, and Descriptions.-- + (1) Minor errors.--The Secretary and the City may, by + mutual agreement-- + (A) make minor boundary adjustments to the Federal + and non-Federal lands involved in the exchange; and + (B) correct any minor errors in any map, acreage + estimate, or description of any land to be exchanged. + (2) Conflict.--If there is a conflict between a map, an + acreage estimate, or a description of land under this section, + the map shall control unless the Secretary and the City + mutually agree otherwise. + (3) Availability.--The Secretary shall file and make + available for public inspection in the Arizona headquarters of + the Bureau of Land Management a copy of all maps referred to in + this section. + +SEC. 1016. COTTONWOOD LAND EXCHANGE. + + (a) Definitions.--In this section: + (1) County.--The term ``County'' means Yavapai County, + Arizona. + (2) Federal land.--The term ``Federal land'' means all + right, title, and interest of the United States in and to + approximately 80 acres of land within the Coconino National + Forest, in Yavapai County, Arizona, generally depicted as + ``Coconino National Forest Parcels `Federal Land''' on the map. + (3) Map.--The term ``map'' means the map entitled + ``Cottonwood Land Exchange'', with the revision date July 5, + 2018\Version 1. + (4) Non-federal land.--The term ``non-Federal land'' means + the approximately 369 acres of land in Yavapai County, Arizona, + generally depicted as ``Yavapai County Parcels `Non-Federal + Land''' on the map. + (5) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture, unless otherwise specified. + (b) Land Exchange.-- + (1) In general.--If the County offers to convey to the + Secretary all right, title, and interest of the County in and + to the non-Federal land, the Secretary shall accept the offer + and simultaneously convey to the County all right, title, and + interest of the United States to the Federal land. + (2) Land title.--Title to the non-Federal land conveyed to + the Secretary under this section shall be acceptable to the + Secretary and shall conform to the title approval standards of + the Attorney General of the United States applicable to land + acquisitions by the Federal Government. + (3) Exchange costs.--The County shall pay for all land + survey, appraisal, and other costs to the Secretary as may be + necessary to process and consummate the exchange under this + section, including reimbursement to the Secretary, if the + Secretary so requests, for staff time spent in such processing + and consummation. + (c) Equal Value Exchange and Appraisals.-- + (1) Appraisals.--The values of the lands to be exchanged + under this section shall be determined by the Secretary through + appraisals performed-- + (A) in accordance with-- + (i) the Uniform Appraisal Standards for + Federal Land Acquisitions; + (ii) the Uniform Standards of Professional + Appraisal Practice; and + (iii) appraisal instructions issued by the + Secretary; and + (B) by an appraiser mutually agreed to by the + Secretary and the County. + (2) Equal value exchange.--The values of the Federal and + non-Federal land parcels exchanged shall be equal, or if they + are not equal, shall be equalized as follows: + (A) Surplus of federal land value.--If the final + appraised value of the Federal land exceeds the final + appraised value of the non-Federal land, the County + shall make a cash equalization payment to the United + States as necessary to achieve equal value, including, + if necessary, an amount in excess of that authorized + pursuant to section 206(b) of the Federal Land Policy + and Management Act of 1976 (43 U.S.C. 1716(b)). + (B) Use of funds.--Any cash equalization moneys + received by the Secretary under subparagraph (A) shall + be-- + (i) deposited in the fund established under + Public Law 90-171 (commonly known as the ``Sisk + Act''; 16 U.S.C. 484a); and + (ii) made available to the Secretary for + the acquisition of land or interests in land in + Region 3 of the Forest Service. + (C) Surplus of non-federal land value.--If the + final appraised value of the non-Federal land exceeds + the final appraised value of the Federal land, the + United States shall not make a cash equalization + payment to the County, and surplus value of the non- + Federal land shall be considered a donation by the + County to the United States for all purposes of law. + (d) Withdrawal Provisions.--Lands acquired by the Secretary under +this section are, upon such acquisition, automatically and permanently +withdrawn from all forms of appropriation and disposal under the public +land laws (including the mining and mineral leasing laws) and the +Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.). + (e) Management of Land.--Land acquired by the Secretary under this +section shall become part of the Coconino National Forest and be +managed in accordance with the laws, rules, and regulations applicable +to the National Forest System. + (f) Maps, Estimates, and Descriptions.-- + (1) Minor errors.--The Secretary and the County may, by + mutual agreement-- + (A) make minor boundary adjustments to the Federal + and non-Federal lands involved in the exchange; and + (B) correct any minor errors in any map, acreage + estimate, or description of any land to be exchanged. + (2) Conflict.--If there is a conflict between a map, an + acreage estimate, or a description of land under this section, + the map shall control unless the Secretary and the County + mutually agree otherwise. + (3) Availability.--The Secretary shall file and make + available for public inspection in the headquarters of the + Coconino National Forest a copy of all maps referred to in this + section. + +SEC. 1017. EMBRY-RIDDLE TRI-CITY LAND EXCHANGE. + + (a) Definitions.--In this section: + (1) Non-federal land.--The term ``non-Federal land'' means + the approximately 16-acre parcel of University land identified + in section 3(a) of Public Law 105-363 (112 Stat. 3297). + (2) University.--The term ``University'' means Embry-Riddle + Aeronautical University, Florida. + (b) Conveyance of Federal Reversionary Interest in Land Located in +the County of Yavapai, Arizona.-- + (1) In general.--Notwithstanding any other provision of + law, if after the completion of the appraisal required under + subsection (c), the University submits to the Secretary an + offer to acquire the reversionary interests of the United + States in and to the non-Federal land, the Secretary shall + convey to the University the reversionary interests of the + United States in and to the non-Federal land for the purpose of + unencumbering the title to the non-Federal land to enable + economic development of the non-Federal land. + (2) Legal descriptions.--As soon as practicable after the + date of enactment of this Act, the exact legal description of + the non-Federal land shall be determined in a manner + satisfactory to the Secretary. + (3) Additional terms and conditions.--The Secretary may + require such additional terms and conditions to the conveyance + under paragraph (1), consistent with this section, as the + Secretary considers appropriate to protect the interests of the + United States. + (4) Costs.--The University shall pay all costs associated + with the conveyance under paragraph (1), including the costs of + the appraisal required under subsection (c), the costs of any + surveys, recording costs, and other reasonable costs. + (c) Appraisal.-- + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall complete an + appraisal of the reversionary interests of the United States in + and to the non-Federal land. + (2) Applicable law.--The appraisal shall be completed in + accordance with-- + (A) the Uniform Appraisal Standards for Federal + Land Acquisitions; and + (B) the Uniform Standards of Professional Appraisal + Practice. + (d) Consideration.-- + (1) In general.--As consideration for the conveyance of the + reversionary interests of the United States in and to the non- + Federal land under this section, the University shall pay to + the Secretary an amount equal to the appraised value of the + interests of the United States, as determined under subsection + (c). + (2) Deposit; use.--Amounts received under paragraph (1) + shall be-- + (A) deposited in the Federal Land Disposal Account + established by section 206(a) of the Federal Land + Transaction Facilitation Act (43 U.S.C. 2305(a)); and + (B) used in accordance with that Act (43 U.S.C. + 2301 et seq.). + + Subtitle B--Public Land and National Forest System Management + +SEC. 1101. BOLTS DITCH ACCESS. + + (a) Access Granted.--The Secretary of Agriculture shall permit by +special use authorization nonmotorized access and use, in accordance +with section 293.6 of title 36, Code of Federal Regulations, of the +Bolts Ditch Headgate and the Bolts Ditch within the Holy Cross +Wilderness, Colorado, as designated by Public Law 96-560 (94 Stat. +3265), for the purposes of the diversion of water and use, maintenance, +and repair of such ditch and headgate by the Town of Minturn, Colorado, +a Colorado Home Rule Municipality. + (b) Location of Facilities.--The Bolts Ditch headgate and ditch +segment referenced in subsection (a) are as generally depicted on the +map entitled ``Bolts Ditch headgate and Ditch Segment'' and dated +November 2015. + +SEC. 1102. CLARIFICATION RELATING TO A CERTAIN LAND DESCRIPTION UNDER + THE NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN + PARTNERSHIP ACT OF 2005. + + Section 104(a)(5) of the Northern Arizona Land Exchange and Verde +River Basin Partnership Act of 2005 (Public Law 109-110; 119 Stat. +2356) is amended by inserting before the period at the end ``, which, +notwithstanding section 102(a)(4)(B), includes the N\1/2\ NE\1/4\ SW\1/ +4\ SW\1/4\, the N\1/2\ N\1/2\ SE\1/4\ SW\1/4\, and the N\1/2\ N\1/2\ +SW\1/4\ SE\1/4\, sec. 34, Township 22 North, Range 2 East, Gila and +Salt River Meridian, Coconino County, Arizona, comprising approximately +25 acres''. + +SEC. 1103. FRANK AND JEANNE MOORE WILD STEELHEAD SPECIAL MANAGEMENT + AREA. + + (a) Findings.--Congress finds that-- + (1) Frank Moore has committed his life to family, friends, + his country, and fly fishing; + (2) Frank Moore is a World War II veteran who stormed the + beaches of Normandy along with 150,000 troops during the D-Day + Allied invasion and was awarded the Chevalier of the French + Legion of Honor for his bravery; + (3) Frank Moore returned home after the war, started a + family, and pursued his passion of fishing on the winding + rivers in Oregon; + (4) as the proprietor of the Steamboat Inn along the North + Umpqua River in Oregon for nearly 20 years, Frank Moore, along + with his wife Jeanne, shared his love of fishing, the flowing + river, and the great outdoors, with visitors from all over the + United States and the world; + (5) Frank Moore has spent most of his life fishing the vast + rivers of Oregon, during which time he has contributed + significantly to efforts to conserve fish habitats and protect + river health, including serving on the State of Oregon Fish and + Wildlife Commission; + (6) Frank Moore has been recognized for his conservation + work with the National Wildlife Federation Conservationist of + the Year award, the Wild Steelhead Coalition Conservation + Award, and his 2010 induction into the Fresh Water Fishing Hall + of Fame; and + (7) in honor of the many accomplishments of Frank Moore, + both on and off the river, approximately 99,653 acres of Forest + Service land in the State of Oregon should be designated as the + ``Frank and Jeanne Moore Wild Steelhead Special Management + Area''. + (b) Definitions.--In this section: + (1) Map.--The term ``Map'' means the map entitled ``Frank + Moore Wild Steelhead Special Management Area Designation Act'' + and dated June 23, 2016. + (2) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture, acting through the Chief of the Forest Service. + (3) Special management area.--The term ``Special Management + Area'' means the Frank and Jeanne Moore Wild Steelhead Special + Management Area designated by subsection (c)(1). + (4) State.--The term ``State'' means the State of Oregon. + (c) Frank and Jeanne Moore Wild Steelhead Special Management Area, +Oregon.-- + (1) Designation.--The approximately 99,653 acres of Forest + Service land in the State, as generally depicted on the Map, is + designated as the ``Frank and Jeanne Moore Wild Steelhead + Special Management Area''. + (2) Map; legal description.-- + (A) In general.--As soon as practicable after the + date of enactment of this Act, the Secretary shall + prepare a map and legal description of the Special + Management Area. + (B) Force of law.--The map and legal description + prepared under subparagraph (A) shall have the same + force and effect as if included in this section, except + that the Secretary may correct clerical and + typographical errors in the map and legal description. + (C) Availability.--The map and legal description + prepared under subparagraph (A) shall be on file and + available for public inspection in the appropriate + offices of the Forest Service. + (3) Administration.--Subject to valid existing rights, the + Special Management Area shall be administered by the + Secretary-- + (A) in accordance with all laws (including + regulations) applicable to the National Forest System; + and + (B) in a manner that-- + (i) conserves and enhances the natural + character, scientific use, and the botanical, + recreational, ecological, fish and wildlife, + scenic, drinking water, and cultural values of + the Special Management Area; + (ii) maintains and seeks to enhance the + wild salmonid habitat of the Special Management + Area; + (iii) maintains or enhances the watershed + as a thermal refuge for wild salmonids; and + (iv) preserves opportunities for + recreation, including primitive recreation. + (4) Fish and wildlife.--Nothing in this section affects the + jurisdiction or responsibilities of the State with respect to + fish and wildlife in the State. + (5) Adjacent management.--Nothing in this section-- + (A) creates any protective perimeter or buffer zone + around the Special Management Area; or + (B) modifies the applicable travel management plan + for the Special Management Area. + (6) Wildfire management.--Nothing in this section prohibits + the Secretary, in cooperation with other Federal, State, and + local agencies, as appropriate, from conducting wildland fire + operations in the Special Management Area, consistent with the + purposes of this section, including the use of aircraft, + machinery, mechanized equipment, fire breaks, backfires, and + retardant. + (7) Vegetation management.--Nothing in this section + prohibits the Secretary from conducting vegetation management + projects within the Special Management Area in a manner + consistent with-- + (A) the purposes described in paragraph (3); and + (B) the applicable forest plan. + (8) Protection of tribal rights.--Nothing in this section + diminishes any treaty rights of an Indian Tribe. + (9) Withdrawal.--Subject to valid existing rights, the + Federal land within the boundaries of the Special Management + Area river segments designated by paragraph (1) is withdrawn + from all forms of-- + (A) entry, appropriation, or disposal under the + public land laws; + (B) location, entry, and patent under the mining + laws; and + (C) disposition under all laws relating to mineral + and geothermal leasing or mineral materials. + +SEC. 1104. MAINTENANCE OR REPLACEMENT OF FACILITIES AND STRUCTURES AT + SMITH GULCH. + + The authorization of the Secretary of Agriculture to maintain or +replace facilities or structures for commercial recreation services at +Smith Gulch under section 3(a)(24)(D) of the Wild and Scenic Rivers Act +(16 U.S.C. 1274(a)(24)(D))-- + (1) may include improvements or replacements that the + Secretary of Agriculture determines-- + (A) are consistent with section 9(b) of the Central + Idaho Wilderness Act of 1980 (16 U.S.C. 1281 note; + Public Law 96-312); and + (B) would reduce the impact of the commercial + recreation facilities or services on wilderness or wild + and scenic river resources and values; and + (2) authorizes the Secretary of Agriculture to consider + including, as appropriate-- + (A) hydroelectric generators and associated + electrical transmission facilities; + (B) water pumps for fire suppression; + (C) transitions from propane to electrical + lighting; + (D) solar energy systems; + (E) 6-volt or 12-volt battery banks for power + storage; and + (F) other improvements or replacements which are + consistent with this section that the Secretary of + Agriculture determines appropriate. + +SEC. 1105. REPEAL OF PROVISION LIMITING THE EXPORT OF TIMBER HARVESTED + FROM CERTAIN KAKE TRIBAL CORPORATION LAND. + + Section 42 of the Alaska Native Claims Settlement Act (43 U.S.C. +1629h) is amended-- + (1) by striking subsection (h); + (2) by redesignating subsection (i) as subsection (h); and + (3) in subsection (h) (as so redesignated), in the first + sentence, by striking ``and to provide'' and all that follows + through ``subsection (h)''. + +SEC. 1106. DESIGNATION OF FOWLER AND BOSKOFF PEAKS. + + (a) Designation of Fowler Peak.-- + (1) In general.--The 13,498-foot mountain peak, located at + 37.8569N, by -108.0117W, in the Uncompahgre National Forest + in the State of Colorado, shall be known and designated as + ``Fowler Peak''. + (2) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the + peak described in paragraph (1) shall be deemed to be a + reference to ``Fowler Peak''. + (b) Designation of Boskoff Peak.-- + (1) In general.--The 13,123-foot mountain peak, located at + 37.85549N, by -108.03112W, in the Uncompahgre National Forest + in the State of Colorado, shall be known and designated as + ``Boskoff Peak''. + (2) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the + peak described in paragraph (1) shall be deemed to be a + reference to ``Boskoff Peak''. + +SEC. 1107. CORONADO NATIONAL FOREST LAND CONVEYANCE. + + (a) Definitions.--In this section: + (1) Permittee.-- + (A) In general.--The term ``permittee'' means a + person who, on the date of enactment of this Act, holds + a valid permit for use of a property. + (B) Inclusions.--The term ``permittee'' includes + any heirs, executors, and assigns of the permittee or + interest of the permittee. + (2) Property.--The term ``property'' means-- + (A) the approximately 1.1 acres of National Forest + System land in sec. 8, T. 10 S., R. 16 E., Gila and + Salt River Meridian, as generally depicted on the map + entitled ``Coronado National Forest Land Conveyance Act + of 2017'', special use permit numbered SAN5005-03, and + dated October 2017; + (B) the approximately 4.5 acres of National Forest + System land in sec. 8, T. 10 S., R. 16 E., Gila and + Salt River Meridian, as generally depicted on the map + entitled ``Coronado National Forest Land Conveyance Act + of 2017'', special use permit numbered SAN5116-03, and + dated October 2017; and + (C) the approximately 3.9 acres of National Forest + System land in NW\1/4\, sec. 1, T. 10 S., R. 15 E., + Gila and Salt River Meridian, as generally depicted on + the map entitled ``Coronado National Forest Land + Conveyance Act of 2017'', special use permit numbered + SAN5039-02, and dated October 2017. + (3) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture. + (b) Sale.-- + (1) In general.--Subject to valid existing rights, during + the period described in paragraph (2), not later than 90 days + after the date on which a permittee submits a request to the + Secretary, the Secretary shall-- + (A) accept tender of consideration from that + permittee; and + (B) sell and quitclaim to that permittee all right, + title, and interest of the United States in and to the + property for which the permittee holds a permit. + (2) Period described.--The period referred to in paragraph + (1) is the period beginning on the date of enactment of this + Act and ending on the date of expiration of the applicable + permit. + (c) Terms and Conditions.--The Secretary may establish such terms +and conditions on the sales of the properties under this section as the +Secretary determines to be in the public interest. + (d) Consideration.--A sale of a property under this section shall +be for cash consideration equal to the market value of the property, as +determined by the appraisal described in subsection (e). + (e) Appraisal.-- + (1) In general.--The Secretary shall complete an appraisal + of each property, which shall-- + (A) include the value of any appurtenant easements; + and + (B) exclude the value of any private improvements + made by a permittee of the property before the date of + appraisal. + (2) Standards.--An appraisal under paragraph (1) shall be + conducted in accordance with-- + (A) the Uniform Appraisal Standards for Federal + Land Acquisitions, established in accordance with the + Uniform Relocation Assistance and Real Property + Acquisition Policies Act of 1970 (42 U.S.C. 4601 et + seq.); and + (B) the Uniform Standards of Professional Appraisal + Practice. + (f) Costs.--The Secretary shall pay-- + (1) the cost of a conveyance of a property under this + section; and + (2) the cost of an appraisal under subsection (e). + (g) Proceeds From the Sale of Land.--Any payment received by the +Secretary from the sale of property under this section shall be +deposited in the fund established under Public Law 90-171 (commonly +known as the ``Sisk Act'') (16 U.S.C. 484a) and shall be available to +the Secretary until expended for the acquisition of inholdings in +national forests in the State of Arizona. + (h) Maps and Legal Descriptions.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file maps and legal + descriptions of each property. + (2) Force of law.--The maps and legal descriptions filed + under paragraph (1) shall have the same force and effect as if + included in this section, except that the Secretary may correct + typographical errors in the maps and legal descriptions. + (3) Public availability.--The maps and legal descriptions + filed under paragraph (1) shall be on file and available for + public inspection in the office of the Supervisor of the + Coronado National Forest. + +SEC. 1108. DESCHUTES CANYON-STEELHEAD FALLS WILDERNESS STUDY AREA + BOUNDARY ADJUSTMENT, OREGON. + + (a) Boundary Adjustment.--The boundary of the Deschutes Canyon- +Steelhead Falls Wilderness Study Area is modified to exclude +approximately 688 acres of public land, as depicted on the map entitled +``Deschutes Canyon-Steelhead Falls Wilderness Study Area (WSA) Proposed +Boundary Adjustment'' and dated September 26, 2018. + (b) Effect of Exclusion.-- + (1) In general.--The public land excluded from the + Deschutes Canyon-Steelhead Falls Wilderness Study Area under + subsection (a)-- + (A) is no longer subject to section 603(c) of the + Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1782(c)); and + (B) shall be managed in accordance with-- + (i) this section; + (ii) the Federal Land Policy and Management + Act of 1976 (43 U.S.C. 1701 et seq.); and + (iii) any applicable resource management + plan. + (2) Management.--The Secretary shall manage the land + excluded from the Deschutes Canyon-Steelhead Falls Wilderness + Study Area under subsection (a) to improve fire resiliency and + forest health, including the conduct of wildfire prevention and + response activities, as appropriate. + (3) Off-road recreational motorized use.--The Secretary + shall not permit off-road recreational motorized use on the + public land excluded from the Deschutes Canyon-Steelhead Falls + Wilderness Study Area under subsection (a). + +SEC. 1109. MAINTENANCE OF FEDERAL MINERAL LEASES BASED ON EXTRACTION OF + HELIUM. + + The first section of the Mineral Leasing Act (30 U.S.C. 181) is +amended in the fifth paragraph by inserting after ``purchaser thereof'' +the following: ``, and that extraction of helium from gas produced from +such lands shall maintain the lease as if the extracted helium were oil +and gas''. + +SEC. 1110. SMALL MINER WAIVERS TO CLAIM MAINTENANCE FEES. + + (a) Definitions.--In this section: + (1) Covered claimholder.--The term ``covered claimholder'' + means-- + (A) the claimholder of the claims in the State + numbered AA023149, AA023163, AA047913, AA047914, + AA047915, AA047916, AA047917, AA047918, and AA047919 + (as of December 29, 2004); + (B) the claimholder of the claim in the State + numbered FF-059315 (as of December 29, 2004); + (C) the claimholder of the claims in the State + numbered FF-58607, FF-58608, FF-58609, FF-58610, FF- + 58611, FF-58613, FF-58615, FF-58616, FF-58617, and FF- + 58618 (as of December 31, 2003); and + (D) the claimholder of the claims in the State + numbered FF-53988, FF-53989, and FF-53990 (as of + December 31, 1987). + (2) Defect.--The term ``defect'' includes a failure-- + (A) to timely file-- + (i) a small miner maintenance fee waiver + application; + (ii) an affidavit of annual labor + associated with a small miner maintenance fee + waiver application; or + (iii) an instrument required under section + 314(a) of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1744(a)); and + (B) to pay the required application fee for a small + maintenance fee waiver application. + (3) State.--The term ``State'' means the State of Alaska. + (b) Treatment of Covered Claimholders.--Notwithstanding section +10101(d) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. +28f(d)) and section 314(c) of the Federal Land Policy and Management +Act of 1976 (43 U.S.C. 1744(c)), each covered claimholder shall, during +the 60-day period beginning on the date on which the covered +claimholder receives written notification from the Bureau of Land +Management by registered mail of the opportunity, have the +opportunity-- + (1)(A) to cure any defect in a small miner maintenance fee + waiver application (including the failure to timely file a + small miner maintenance fee waiver application) for any prior + period during which the defect existed; or + (B) to pay any claim maintenance fees due for any prior + period during which the defect existed; and + (2) to cure any defect in the filing of any instrument + required under section 314(a) of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1744(a)) (including the + failure to timely file any required instrument) for any prior + period during which the defect existed. + (c) Reinstatement of Claims Deemed Forfeited.--The Secretary shall +reinstate any claim of a covered claimholder as of the date declared +forfeited and void-- + (1) under section 10104 of the Omnibus Budget + Reconciliation Act of 1993 (30 U.S.C. 28i) for failure to pay + the claim maintenance fee or obtain a valid waiver under + section 10101 of the Omnibus Budget Reconciliation Act of 1993 + (30 U.S.C. 28f); or + (2) under section 314(c) of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1744(c)) for failure to file + any instrument required under section 314(a) of that Act (43 + U.S.C. 1744(a)) for any prior period during which the defect + existed if the covered claimholder-- + (A) cures the defect; or + (B) pays the claim maintenance fee under subsection + (b)(1)(B). + +SEC. 1111. SAINT FRANCIS DAM DISASTER NATIONAL MEMORIAL AND NATIONAL + MONUMENT. + + (a) Definitions.--In this section: + (1) Memorial.--The term ``Memorial'' means the Saint + Francis Dam Disaster National Memorial authorized under + subsection (b)(1). + (2) Monument.--The term ``Monument'' means the Saint + Francis Dam Disaster National Monument established by + subsection (d)(1). + (3) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture. + (4) State.--The term ``State'' means the State of + California. + (b) Saint Francis Dam Disaster National Memorial.-- + (1) Establishment.--The Secretary may establish a memorial + at the Saint Francis Dam site in the county of Los Angeles, + California, for the purpose of honoring the victims of the + Saint Francis Dam disaster of March 12, 1928. + (2) Requirements.--The Memorial shall be-- + (A) known as the ``Saint Francis Dam Disaster + National Memorial''; and + (B) managed by the Forest Service. + (3) Donations.--The Secretary may accept, hold, administer, + invest, and spend any gift, devise, or bequest of real or + personal property made to the Secretary for purposes of + developing, designing, constructing, and managing the Memorial. + (c) Recommendations for Memorial.-- + (1) In general.--Not later than 3 years after the date of + enactment of this Act, the Secretary shall submit to Congress + recommendations regarding-- + (A) the planning, design, construction, and long- + term management of the Memorial; + (B) the proposed boundaries of the Memorial; + (C) a visitor center and educational facilities at + the Memorial; and + (D) ensuring public access to the Memorial. + (2) Consultation.--In preparing the recommendations + required under paragraph (1), the Secretary shall consult + with-- + (A) appropriate Federal agencies; + (B) State, Tribal, and local governments, including + the Santa Clarita City Council; and + (C) the public. + (d) Establishment of Saint Francis Dam Disaster National +Monument.-- + (1) Establishment.--There is established as a national + monument in the State certain National Forest System land + administered by the Secretary in the county of Los Angeles, + California, comprising approximately 353 acres, as generally + depicted on the map entitled ``Proposed Saint Francis Dam + Disaster National Monument'' and dated September 12, 2018, to + be known as the ``Saint Francis Dam Disaster National + Monument''. + (2) Purpose.--The purpose of the Monument is to conserve + and enhance for the benefit and enjoyment of the public the + cultural, archaeological, historical, watershed, educational, + and recreational resources and values of the Monument. + (e) Duties of the Secretary With Respect to Monument.-- + (1) Management plan.-- + (A) In general.--Not later than 4 years after the + date of enactment of this Act, the Secretary shall + develop a management plan for the Monument. + (B) Consultation.--The management plan shall be + developed in consultation with-- + (i) appropriate Federal agencies; + (ii) State, Tribal, and local governments; + and + (iii) the public. + (C) Considerations.--In developing and implementing + the management plan, the Secretary shall, with respect + to methods of protecting and providing access to the + Monument, consider the recommendations of the Saint + Francis Disaster National Memorial Foundation, the + Santa Clarita Valley Historical Society, and the + Community Hiking Club of Santa Clarita. + (2) Management.--The Secretary shall manage the Monument-- + (A) in a manner that conserves and enhances the + cultural and historic resources of the Monument; and + (B) in accordance with-- + (i) the Forest and Rangeland Renewable + Resources Planning Act of 1974 (16 U.S.C. 1600 + et seq.); + (ii) the laws generally applicable to the + National Forest System; + (iii) this section; and + (iv) any other applicable laws. + (3) Uses.-- + (A) Use of motorized vehicles.--The use of + motorized vehicles within the Monument may be permitted + only-- + (i) on roads designated for use by + motorized vehicles in the management plan + required under paragraph (1); + (ii) for administrative purposes; or + (iii) for emergency responses. + (B) Grazing.--The Secretary shall permit grazing + within the Monument, where established before the date + of enactment of this Act-- + (i) subject to all applicable laws + (including regulations and Executive orders); + and + (ii) consistent with the purpose described + in subsection (d)(2). + (4) No buffer zones.-- + (A) In general.--Nothing in this section creates a + protective perimeter or buffer zone around the + Monument. + (B) Activities outside national monument.--The fact + that an activity or use on land outside the Monument + can be seen or heard within the Monument shall not + preclude the activity or use outside the boundary of + the Monument. + (f) Clarification on Funding.-- + (1) Use of existing funds.--This section shall be carried + out using amounts otherwise made available to the Secretary. + (2) No additional funds.--No additional funds are + authorized to be appropriated to carry out this section. + (g) Effect.--Nothing in this section affects the operation, +maintenance, replacement, or modification of existing water resource, +flood control, utility, pipeline, or telecommunications facilities that +are located outside the boundary of the Monument, subject to the +special use authorities of the Secretary of Agriculture and other +applicable laws. + +SEC. 1112. OWYHEE WILDERNESS AREAS BOUNDARY MODIFICATIONS. + + (a) Boundary Modifications.-- + (1) North fork owyhee wilderness.--The boundary of the + North Fork Owyhee Wilderness established by section + 1503(a)(1)(D) of the Omnibus Public Land Management Act of 2009 + (Public Law 111-11; 123 Stat. 1033) is modified to exclude + certain land, as depicted on-- + (A) the Bureau of Land Management map entitled + ``North Fork Owyhee and Pole Creek Wilderness Aerial'' + and dated July 19, 2016; and + (B) the Bureau of Land Management map entitled + ``North Fork Owyhee River Wilderness Big Springs Camp + Zoom Aerial'' and dated July 19, 2016. + (2) Owyhee river wilderness.--The boundary of the Owyhee + River Wilderness established by section 1503(a)(1)(E) of the + Omnibus Public Land Management Act of 2009 (Public Law 111-11; + 123 Stat. 1033) is modified to exclude certain land, as + depicted on-- + (A) the Bureau of Land Management map entitled + ``North Fork Owyhee, Pole Creek, and Owyhee River + Wilderness Aerial'' and dated July 19, 2016; + (B) the Bureau of Land Management map entitled + ``Owyhee River Wilderness Kincaid Reservoir Zoom + Aerial'' and dated July 19, 2016; and + (C) the Bureau of Land Management map entitled + ``Owyhee River Wilderness Dickshooter Road Zoom + Aerial'' and dated July 19, 2016. + (3) Pole creek wilderness.--The boundary of the Pole Creek + Wilderness established by section 1503(a)(1)(F) of the Omnibus + Public Land Management Act of 2009 (Public Law 111-11; 123 + Stat. 1033) is modified to exclude certain land, as depicted + on-- + (A) the Bureau of Land Management map entitled + ``North Fork Owyhee, Pole Creek, and Owyhee River + Wilderness Aerial'' and dated July 19, 2016; and + (B) the Bureau of Land Management map entitled + ``Pole Creek Wilderness Pullout Zoom Aerial'' and dated + July 19, 2016. + (b) Maps.-- + (1) Effect.--The maps referred to in subsection (a) shall + have the same force and effect as if included in this Act, + except that the Secretary may correct minor errors in the maps. + (2) Availability.--The maps referred to in subsection (a) + shall be available in the appropriate offices of the Bureau of + Land Management. + +SEC. 1113. CHUGACH REGION LAND STUDY. + + (a) Definitions.--In this section: + (1) CAC.--The term ``CAC'' means the Chugach Alaska + Corporation. + (2) CAC land.--The term ``CAC land'' means land conveyed to + CAC pursuant to the Alaska Native Claims Settlement Act (43 + U.S.C. 1601 et seq.) under which-- + (A) both the surface estate and the subsurface + estate were conveyed to CAC; or + (B)(i) the subsurface estate was conveyed to CAC; + and + (ii) the surface estate or a conservation easement + in the surface estate was acquired by the State or by + the United States as part of the program. + (3) Program.--The term ``program'' means the Habitat + Protection and Acquisition Program of the Exxon Valdez Oil + Spill Trustee Council. + (4) Region.--The term ``Region'' means the Chugach Region, + Alaska. + (5) Study.--The term ``study'' means the study conducted + under subsection (b)(1). + (b) Chugach Region Land Exchange Study.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the Secretary, in coordination with the + Secretary of Agriculture and in consultation with CAC, shall + conduct a study of land ownership and use patterns in the + Region. + (2) Study requirements.--The study shall-- + (A) assess the social and economic impacts of the + program, including impacts caused by split estate + ownership patterns created by Federal acquisitions + under the program, on-- + (i) the Region; and + (ii) CAC and CAC land; + (B) identify sufficient acres of accessible and + economically viable Federal land that can be offered in + exchange for CAC land identified by CAC as available + for exchange; and + (C) provide recommendations for land exchange + options with CAC that would-- + (i) consolidate ownership of the surface + and mineral estate of Federal land under the + program; and + (ii) convey to CAC Federal land identified + under subparagraph (B). + (c) Report.--Not later than 18 months after the date of enactment +of this Act, the Secretary shall submit to the Committee on Energy and +Natural Resources of the Senate and the Committee on Natural Resources +of the House of Representatives a report describing the results of the +study, including-- + (1) a recommendation on options for 1 or more land + exchanges; and + (2) detailed information on-- + (A) the acres of Federal land identified for + exchange; and + (B) any other recommendations provided by the + Secretary. + +SEC. 1114. WILDFIRE TECHNOLOGY MODERNIZATION. + + (a) Purpose.--The purpose of this section is to promote the use of +the best available technology to enhance the effective and cost- +efficient response to wildfires-- + (1) to meet applicable protection objectives; and + (2) to increase the safety of-- + (A) firefighters; and + (B) the public. + (b) Definitions.--In this section: + (1) Secretaries.--The term ``Secretaries'' means-- + (A) the Secretary of Agriculture; and + (B) the Secretary. + (2) Secretary concerned.--The term ``Secretary concerned'' + means-- + (A) the Secretary of Agriculture, with respect to + activities under the Department of Agriculture; and + (B) the Secretary, with respect to activities under + the Department of the Interior. + (c) Unmanned Aircraft Systems.-- + (1) Definitions.--In this subsection, the terms ``unmanned + aircraft'' and ``unmanned aircraft system'' have the meanings + given those terms in section 44801 of title 49, United States + Code. + (2) Establishment of program.--Not later than 180 days + after the date of enactment of this Act, the Secretary, in + consultation with the Secretary of Agriculture, shall establish + a research, development, and testing program, or expand an + applicable existing program, to assess unmanned aircraft system + technologies, including optionally piloted aircraft, across the + full range of wildland fire management operations in order to + accelerate the deployment and integration of those technologies + into the operations of the Secretaries. + (3) Expanding use of unmanned aircraft systems on + wildfires.--In carrying out the program established under + paragraph (2), the Secretaries, in coordination with the + Federal Aviation Administration, State wildland firefighting + agencies, and other relevant Federal agencies, shall enter into + an agreement under which the Secretaries shall develop + consistent protocols and plans for the use on wildland fires of + unmanned aircraft system technologies, including for the + development of real-time maps of the location of wildland + fires. + (d) Location Systems for Wildland Firefighters.-- + (1) In general.--Not later than 2 years after the date of + enactment of this Act, subject to the availability of + appropriations, the Secretaries, in coordination with State + wildland firefighting agencies, shall jointly develop and + operate a tracking system (referred to in this subsection as + the ``system'') to remotely locate the positions of fire + resources for use by wildland firefighters, including, at a + minimum, any fire resources assigned to Federal type 1 wildland + fire incident management teams. + (2) Requirements.--The system shall-- + (A) use the most practical and effective technology + available to the Secretaries to remotely track the + location of an active resource, such as a Global + Positioning System; + (B) depict the location of each fire resource on + the applicable maps developed under subsection (c)(3); + (C) operate continuously during the period for + which any firefighting personnel are assigned to the + applicable Federal wildland fire; and + (D) be subject to such terms and conditions as the + Secretary concerned determines necessary for the + effective implementation of the system. + (3) Operation.--The Secretary concerned shall-- + (A) before commencing operation of the system-- + (i) conduct not fewer than 2 pilot projects + relating to the operation, management, and + effectiveness of the system; and + (ii) review the results of those pilot + projects; + (B) conduct training, and maintain a culture, such + that an employee, officer, or contractor shall not rely + on the system for safety; and + (C) establish procedures for the collection, + storage, and transfer of data collected under this + subsection to ensure-- + (i) data security; and + (ii) the privacy of wildland fire + personnel. + (e) Wildland Fire Decision Support.-- + (1) Protocol.--To the maximum extent practicable, the + Secretaries shall ensure that wildland fire management + activities conducted by the Secretaries, or conducted jointly + by the Secretaries and State wildland firefighting agencies, + achieve compliance with applicable incident management + objectives in a manner that-- + (A) minimizes firefighter exposure to the lowest + level necessary; and + (B) reduces overall costs of wildfire incidents. + (2) Wildfire decision support system.-- + (A) In general.--The Secretaries, in coordination + with State wildland firefighting agencies, shall + establish a system or expand an existing system to + track and monitor decisions made by the Secretaries or + State wildland firefighting agencies in managing + wildfires. + (B) Components.--The system established or expanded + under subparagraph (A) shall be able to alert the + Secretaries if-- + (i) unusual costs are incurred; + (ii) an action to be carried out would + likely-- + (I) endanger the safety of a + firefighter; or + (II) be ineffective in meeting an + applicable suppression or protection + goal; or + (iii) a decision regarding the management + of a wildfire deviates from-- + (I) an applicable protocol + established by the Secretaries, + including the requirement under + paragraph (1); or + (II) an applicable spatial fire + management plan or fire management plan + of the Secretary concerned. + (f) Smoke Projections From Active Wildland Fires.--The Secretaries +shall establish a program, to be known as the ``Interagency Wildland +Fire Air Quality Response Program'', under which the Secretary +concerned-- + (1) to the maximum extent practicable, shall assign 1 or + more air resource advisors to a type 1 incident management team + managing a Federal wildland fire; and + (2) may assign 1 or more air resource advisors to a type 2 + incident management team managing a wildland fire. + (g) Firefighter Injuries Database.-- + (1) In general.--Section 9(a) of the Federal Fire + Prevention and Control Act of 1974 (15 U.S.C. 2208(a)) is + amended-- + (A) in paragraph (2), by inserting ``, categorized + by the type of fire'' after ``such injuries and + deaths''; and + (B) in paragraph (3), by striking ``activities;'' + and inserting the following: ``activities, including-- + ``(A) all injuries sustained by a firefighter and + treated by a doctor, categorized by the type of + firefighter; + ``(B) all deaths sustained while undergoing a pack + test or preparing for a work capacity; + ``(C) all injuries or deaths resulting from vehicle + accidents; and + ``(D) all injuries or deaths resulting from + aircraft crashes;''. + (2) Use of existing data gathering and analysis + organizations.--Section 9(b)(3) of the Federal Fire Prevention + and Control Act of 1974 (15 U.S.C. 2208(b)(3)) is amended by + inserting ``, including the Center for Firefighter Injury + Research and Safety Trends'' after ``public and private''. + (3) Medical privacy of firefighters.--Section 9 of the + Federal Fire Prevention and Control Act of 1974 (15 U.S.C. + 2208) is amended by adding at the end the following: + ``(e) Medical Privacy of Firefighters.--The collection, storage, +and transfer of any medical data collected under this section shall be +conducted in accordance with-- + ``(1) the privacy regulations promulgated under section + 264(c) of the Health Insurance Portability and Accountability + Act of 1996 (42 U.S.C. 1320d-2 note; Public Law 104-191); and + ``(2) other applicable regulations, including parts 160, + 162, and 164 of title 45, Code of Federal Regulations (as in + effect on the date of enactment of this subsection).''. + (h) Rapid Response Erosion Database.-- + (1) In general.--The Secretaries, in consultation with the + Administrator of the National Aeronautics and Space + Administration and the Secretary of Commerce, shall establish + and maintain a database, to be known as the ``Rapid Response + Erosion Database'' (referred to in this subsection as the + ``Database''). + (2) Open-source database.-- + (A) Availability.--The Secretaries shall make the + Database (including the original source code)-- + (i) web-based; and + (ii) available without charge. + (B) Components.--To the maximum extent practicable, + the Database shall provide for-- + (i) the automatic incorporation of spatial + data relating to vegetation, soils, and + elevation into an applicable map created by the + Secretary concerned that depicts the changes in + land-cover and soil properties caused by a + wildland fire; and + (ii) the generation of a composite map that + can be used by the Secretary concerned to model + the effectiveness of treatments in the burned + area to prevent flooding, erosion, and + landslides under a range of weather scenarios. + (3) Use.--The Secretary concerned shall use the Database, + as applicable, in developing recommendations for emergency + stabilization treatments or modifications to drainage + structures to protect values-at-risk following a wildland fire. + (4) Coordination.--The Secretaries may share the Database, + and any results generated in using the Database, with any State + or unit of local government. + (i) Predicting Where Wildfires Will Start.-- + (1) In general.--The Secretaries, in consultation with the + Administrator of the National Aeronautics and Space + Administration, the Secretary of Energy, and the Secretary of + Commerce, through the capabilities and assets located at the + National Laboratories, shall establish and maintain a system to + predict the locations of future wildfires for fire-prone areas + of the United States. + (2) Cooperation; components.--The system established under + paragraph (1) shall be based on, and seek to enhance, similar + systems in existence on the date of enactment of this Act, + including the Fire Danger Assessment System. + (3) Use in forecasts.--Not later than 1 year after the date + of enactment of this Act, the Secretaries shall use the system + established under paragraph (1), to the maximum extent + practicable, for purposes of developing any wildland fire + potential forecasts. + (4) Coordination.--The Secretaries may share the system + established under paragraph (1), and any results generated in + using the system, with any State or unit of local government. + (j) Termination of Authority.--The authority provided by this +section terminates on the date that is 10 years after the date of +enactment of this Act. + (k) Savings Clause.--Nothing in this section-- + (1) requires the Secretary concerned to establish a new + program, system, or database to replace an existing program, + system, or database that meets the objectives of this section; + or + (2) precludes the Secretary concerned from using existing + or future technology that-- + (A) is more efficient, safer, or better meets the + needs of firefighters, other personnel, or the public; + and + (B) meets the objectives of this section. + +SEC. 1115. MCCOY FLATS TRAIL SYSTEM. + + (a) Definitions.--In this section: + (1) County.--The term ``County'' means Uintah County, Utah. + (2) Decision record.--The term ``Decision Record'' means + the Decision Record prepared by the Bureau of Land Management + for the Environmental Assessment for the McCoy Flats Trail + System numbered DOI-BLM-G010-2012-0057 and dated October 2012. + (3) State.--The term ``State'' means the State of Utah. + (4) Trail system.--The term ``Trail System'' means the + McCoy Flats Trail System established by subsection (b)(1). + (b) Establishment.-- + (1) In general.--Subject to valid existing rights, there is + established the McCoy Flats Trail System in the State. + (2) Area included.--The Trail System shall include public + land administered by the Bureau of Land Management in the + County, as described in the Decision Record. + (c) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall prepare a map and + legal description of the Trail System. + (2) Availability; transmittal to congress.--The map and + legal description prepared under paragraph (1) shall be-- + (A) available in appropriate offices of the Bureau + of Land Management; and + (B) transmitted by the Secretary to-- + (i) the Committee on Natural Resources of + the House of Representatives; and + (ii) the Committee on Energy and Natural + Resources of the Senate. + (3) Force and effect.--The map and legal description + prepared under paragraph (1) shall have the same force and + effect as if included in this section, except that the + Secretary may correct any clerical or typographical errors in + the map and legal description. + (d) Administration.--The Secretary shall administer the Trail +System in accordance with-- + (1) the Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1701 et seq.); + (2) this section; and + (3) other applicable law. + (e) Management Plan.-- + (1) In general.--Not later than 2 years after the date of + enactment of this Act, the Secretary, in consultation and + coordination with the County and affected Indian Tribes, shall + prepare a management plan for the Trail System. + (2) Public comment.--The management plan shall be developed + with opportunities for public comment. + (3) Interim management.--Until the completion of the + management plan, the Trail System shall be administered in + accordance with the Decision Record. + (4) Recreational opportunities.--In developing the + management plan, the Secretary shall seek to provide for new + mountain bike route and trail construction to increase + recreational opportunities within the Trail System, consistent + with this section. + (f) Uses.--The Trail System shall be used for nonmotorized mountain +bike recreation, as described in the Decision Record. + (g) Acquisition.-- + (1) In general.--On the request of the State, the Secretary + shall seek to acquire State land, or interests in State land, + located within the Trail System by purchase from a willing + seller or exchange. + (2) Administration of acquired land.--Any land acquired + under this subsection shall be administered as part of the + Trail System. + (h) Fees.--No fees shall be charged for access to, or use of, the +Trail System and associated parking areas. + +SEC. 1116. TECHNICAL CORRECTIONS TO CERTAIN LAWS RELATING TO FEDERAL + LAND IN THE STATE OF NEVADA. + + (a) Amendment to Conveyance of Federal Land in Storey County, +Nevada.--Section 3009(d) of the Carl Levin and Howard P. ``Buck'' +McKeon National Defense Authorization Act for Fiscal Year 2015 (Public +Law 113-291; 128 Stat. 3751) is amended-- + (1) in paragraph (1)-- + (A) by striking subparagraphs (B) through (D) and + redesignating subparagraph (E) as subparagraph (D); and + (B) by inserting after subparagraph (A) the + following: + ``(B) Federal land.--The term `Federal land' means + the land generally depicted as `Federal land' on the + map. + ``(C) Map.--The term `map' means the map entitled + `Storey County Land Conveyance' and dated June 6, + 2018.''. + (2) in paragraph (3)-- + (A) in subparagraph (A)(i), by striking ``after + completing the mining claim validity review under + paragraph (2)(B), if requested by the County,''; and + (B) in subparagraph (B)-- + (i) in clause (i)-- + (I) in the matter preceding + subclause (I), by striking ``each + parcel of land located in a mining + townsite'' and inserting ``any Federal + land''; + (II) in subclause (I), by striking + ``mining townsite'' and inserting + ``Federal land''; and + (III) in subclause (II), by + striking ``mining townsite (including + improvements to the mining townsite), + as identified for conveyance on the + map'' and inserting ``Federal land + (including improvements)''; + (ii) by striking clause (ii); + (iii) by striking the subparagraph + designation and heading and all that follows + through ``With respect'' in the matter + preceding subclause (I) of clause (i) and + inserting the following: + ``(B) Valid mining claims.--With respect''; and + (iv) by redesignating subclauses (I) and + (II) as clauses (i) and (ii), respectively, and + indenting appropriately; + (3) in paragraph (4)(A), by striking ``a mining townsite + conveyed under paragraph (3)(B)(i)(II)'' and inserting + ``Federal land conveyed under paragraph (2)(B)(ii)''; + (4) in paragraph (5), by striking ``a mining townsite under + paragraph (3)'' and inserting ``Federal land under paragraph + (2)''; + (5) in paragraph (6), in the matter preceding subparagraph + (A), by striking ``mining townsite'' and inserting ``Federal + land''; + (6) in paragraph (7), by striking ``A mining townsite to be + conveyed by the United States under paragraph (3)'' and + inserting ``The exterior boundary of the Federal land to be + conveyed by the United States under paragraph (2)''; + (7) in paragraph (9)-- + (A) by striking ``a mining townsite under paragraph + (3)'' and inserting ``the Federal land under paragraph + (2)''; and + (B) by striking ``the mining townsite'' and + inserting ``the Federal land''; + (8) in paragraph (10), by striking ``the examination'' and + all that follows through the period at the end and inserting + ``the conveyance under paragraph (2) should be completed by not + later than 18 months after the date of enactment of the Natural + Resources Management Act.''; + (9) by striking paragraphs (2) and (8); + (10) by redesignating paragraphs (3) through (7) and (9) + and (10) as paragraphs (2) through (6) and (7) and (8) + respectively; and + (11) by adding at the end the following: + ``(9) Availability of map.--The map shall be on file and + available for public inspection in the appropriate offices of + the Bureau of Land Management.''. + (b) Modification of Utility Corridor.--The Secretary shall realign +the utility corridor established by section 301(a) of the Lincoln +County Conservation, Recreation, and Development Act of 2004 (Public +Law 108-424; 118 Stat. 2412) to be aligned as generally depicted on the +map entitled ``Proposed LCCRDA Utility Corridor Realignment'' and dated +March 14, 2017, by modifying the map entitled ``Lincoln County +Conservation, Recreation, and Development Act'' (referred to in this +subsection as the ``Map'') and dated October 1, 2004, by-- + (1) removing the utility corridor from sections 5, 6, 7, 8, + 9, 10, 11, 14, and 15, T. 7 N., R. 68 E., of the Map; and + (2) redesignating the utility corridor so as to appear on + the Map in-- + (A) sections 31, 32, and 33, T. 8 N., R. 68 E.; + (B) sections 4, 5, 6, and 7, T. 7 N., R. 68 E.; and + (C) sections 1 and 12, T. 7 N., 67 E. + (c) Final Corrective Patent in Clark County, Nevada.-- + (1) Validation of patent.--Patent number 27-2005-0081, + issued by the Bureau of Land Management on February 18, 2005, + is affirmed and validated as having been issued pursuant to, + and in compliance with, the Nevada-Florida Land Exchange + Authorization Act of 1988 (Public Law 100-275; 102 Stat. 52), + the National Environmental Policy Act of 1969 (42 U.S.C. 4321 + et seq.), and the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1701 et seq.) for the benefit of the desert + tortoise, other species, and the habitat of the desert tortoise + and other species to increase the likelihood of the recovery of + the desert tortoise and other species. + (2) Ratification of reconfiguration.--The process used by + the United States Fish and Wildlife Service and the Bureau of + Land Management in reconfiguring the land described in + paragraph (1), as depicted on Exhibit 1-4 of the Final + Environmental Impact Statement for the Planned Development + Project MSHCP, Lincoln County, NV (FWS-R8-ES-2008-N0136), and + the reconfiguration provided for in special condition 10 of the + Corps of Engineers Permit No. 000005042, are ratified. + (d) Issuance of Corrective Patent in Lincoln County, Nevada.-- + (1) In general.--The Secretary, acting through the Director + of the Bureau of Land Management, may issue a corrective patent + for the 7,548 acres of land in Lincoln County, Nevada, depicted + on the map prepared by the Bureau of Land Management entitled + ``Proposed Lincoln County Land Reconfiguration'' and dated + January 28, 2016. + (2) Applicable law.--A corrective patent issued under + paragraph (1) shall be treated as issued pursuant to, and in + compliance with, the Nevada-Florida Land Exchange Authorization + Act of 1988 (Public Law 100-275; 102 Stat. 52). + (e) Conveyance to Lincoln County, Nevada, to Support a Landfill.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, and subject to valid existing rights, at + the request of Lincoln County, Nevada, the Secretary shall + convey without consideration under the Act of June 14, 1926 + (commonly known as the ``Recreation and Public Purposes Act'') + (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), to Lincoln + County all right, title and interest of the United States in + and to approximately 400 acres of land in Lincoln County, + Nevada, more particularly described as follows: T. 11 S., R. + 62, E., Section 25 E \1/2\ of W \1/2\; and W \1/2\ of E \1/2\; + and E \1/2\ of SE \1/4\. + (2) Reservation.--The Secretary shall reserve to the United + States the mineral estate in any land conveyed under paragraph + (1). + (3) Use of conveyed land.--The land conveyed under + paragraph (1) shall be used by Lincoln County, Nevada, to + provide a suitable location for the establishment of a + centralized landfill and to provide a designated area and + authorized facilities to discourage unauthorized dumping and + trash disposal on environmentally-sensitive public land. + Lincoln County may not dispose of the land conveyed under + paragraph (1). + (4) Reversion.--If Lincoln County, Nevada, ceases to use + any parcel of land conveyed under paragraph (1) for the + purposes described in paragraph (3)-- + (A) title to the parcel shall revert to the + Secretary, at the option of the Secretary; and + (B) Lincoln County shall be responsible for any + reclamation necessary to restore the parcel to a + condition acceptable to the Secretary. + (f) Mt. Moriah Wilderness, High Schells Wilderness, and Arc Dome +Wilderness Boundary Adjustments.-- + (1) Amendments to the pam white wilderness act of 2006.-- + Section 323 of the Pam White Wilderness Act of 2006 (16 U.S.C. + 1132 note; 120 Stat. 3031) is amended by striking subsection + (e) and inserting the following: + ``(e) Mt. Moriah Wilderness Adjustment.--The boundary of the Mt. +Moriah Wilderness established under section 2(13) of the Nevada +Wilderness Protection Act of 1989 (16 U.S.C. 1132 note) is adjusted to +include-- + ``(1) the land identified as the `Mount Moriah Wilderness + Area' and `Mount Moriah Additions' on the map entitled `Eastern + White Pine County' and dated November 29, 2006; and + ``(2) the land identified as `NFS Lands' on the map + entitled `Proposed Wilderness Boundary Adjustment Mt. Moriah + Wilderness Area' and dated January 19, 2017. + ``(f) High Schells Wilderness Adjustment.--The boundary of the High +Schells Wilderness established under subsection (a)(11) is adjusted-- + ``(1) to include the land identified as `Include as + Wilderness' on the map entitled `McCoy Creek Adjustment' and + dated November 3, 2014; and + ``(2) to exclude the land identified as `NFS Lands' on the + map entitled `Proposed Wilderness Boundary Adjustment High + Schells Wilderness Area' and dated January 19, 2017.''. + (2) Amendments to the nevada wilderness protection act of + 1989.--The Nevada Wilderness Protection Act of 1989 (Public Law + 101-195; 16 U.S.C. 1132 note) is amended by adding at the end + the following: + +``SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. + + ``The boundary of the Arc Dome Wilderness established under section +2(2) is adjusted to exclude the land identified as `Exclude from +Wilderness' on the map entitled `Arc Dome Adjustment' and dated +November 3, 2014.''. + +SEC. 1117. ASHLEY KARST NATIONAL RECREATION AND GEOLOGIC AREA. + + (a) Definitions.--In this section: + (1) Management plan.--The term ``Management Plan'' means + the management plan for the Recreation Area prepared under + subsection (e)(2)(A). + (2) Map.--The term ``Map'' means the map entitled + ``Northern Utah Lands Management Act-Overview'' and dated + February 4, 2019. + (3) Recreation area.--The term ``Recreation Area'' means + the Ashley Karst National Recreation and Geologic Area + established by subsection (b)(1). + (4) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture. + (5) State.--The term ``State'' means the State of Utah. + (b) Establishment.-- + (1) In general.--Subject to valid existing rights, there is + established the Ashley Karst National Recreation and Geologic + Area in the State. + (2) Area included.--The Recreation Area shall consist of + approximately 173,475 acres of land in the Ashley National + Forest, as generally depicted on the Map. + (c) Purposes.--The purposes of the Recreation Area are to conserve +and protect the watershed, geological, recreational, wildlife, scenic, +natural, cultural, and historic resources of the Recreation Area. + (d) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall prepare and submit + to the Committee on Natural Resources and the Committee on + Agriculture of the House of Representatives and the Committee + on Energy and Natural Resources of the Senate a map and legal + description of the Recreation Area. + (2) Effect.--The map and legal description prepared under + paragraph (1) shall have the same force and effect as if + included in this section, except that the Secretary may correct + minor errors in the map or legal description. + (3) Availability.--A copy of the map and legal description + prepared under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service. + (e) Administration.-- + (1) In general.--The Secretary shall administer the + Recreation Area in accordance with-- + (A) the laws generally applicable to the National + Forest System, including the Forest and Rangeland + Renewable Resources Planning Act of 1974 (16 U.S.C. + 1600 et seq.); + (B) this section; and + (C) any other applicable law. + (2) Management plan.-- + (A) In general.--Not later than 2 years after the + date of enactment of this Act, the Secretary shall + prepare a management plan for the Recreation Area. + (B) Consultation.--The Secretary shall-- + (i) prepare the management plan in + consultation and coordination with Uintah + County, Utah, and affected Indian Tribes; and + (ii) provide for public input in the + preparation of the management plan. + (f) Uses.--The Secretary shall only allow such uses of the +Recreation Area that would-- + (1) further the purposes for which the Recreation Area is + established; and + (2) promote the long-term protection and management of the + watershed and underground karst system of the Recreation Area. + (g) Motorized Vehicles.-- + (1) In general.--Except as needed for emergency response or + administrative purposes, the use of motorized vehicles in the + Recreation Area shall be permitted only on roads and motorized + routes designated in the Management Plan for the use of + motorized vehicles. + (2) New roads.--No new permanent or temporary roads or + other motorized vehicle routes shall be constructed within the + Recreation Area after the date of enactment of this Act. + (3) Existing roads.-- + (A) In general.--Necessary maintenance or repairs + to existing roads designated in the Management Plan for + the use of motorized vehicles, including necessary + repairs to keep existing roads free of debris or other + safety hazards, shall be permitted after the date of + enactment of this Act, consistent with the requirements + of this section. + (B) Rerouting.--Nothing in this subsection prevents + the Secretary from rerouting an existing road or trail + to protect Recreation Area resources from degradation, + or to protect public safety, as determined to be + appropriate by the Secretary. + (4) Over snow vehicles.-- + (A) In general.--Nothing in this section prohibits + the use of snowmobiles and other over snow vehicles + within the Recreation Area. + (B) Winter recreation use plan.--Not later than 2 + years after the date of enactment of this Act, the + Secretary shall undertake a winter recreation use + planning process, which shall include opportunities for + use by snowmobiles or other over snow vehicles in + appropriate areas of the Recreation Area. + (5) Applicable law.--Activities authorized under this + subsection shall be consistent with the applicable forest plan + and travel management plan for, and any law (including + regulations) applicable to, the Ashley National Forest. + (h) Water Infrastructure.-- + (1) Existing access.--The designation of the Recreation + Area shall not affect the ability of authorized users to + access, operate, and maintain water infrastructure facilities + within the Recreation Area in accordance with applicable + authorizations and permits. + (2) Cooperative agreements.-- + (A) In general.--The Secretary shall offer to enter + into a cooperative agreement with authorized users and + local governmental entities to provide, in accordance + with any applicable law (including regulations)-- + (i) access, including motorized access, for + repair and maintenance to water infrastructure + facilities within the Recreation Area, + including Whiterocks Reservoir, subject to such + terms and conditions as the Secretary + determines to be necessary; and + (ii) access and maintenance by authorized + users and local governmental entities for the + continued delivery of water to the Ashley + Valley if water flows cease or become + diminished due to impairment of the karst + system, subject to such terms and conditions as + the Secretary determines to be necessary. + (i) Grazing.--The grazing of livestock in the Recreation Area, +where established before the date of enactment of this Act, shall be +allowed to continue, subject to such reasonable regulations, policies, +and practices as the Secretary considers to be necessary in accordance +with-- + (1) applicable law (including regulations); + (2) the purposes of the Recreation Area; and + (3) the guidelines set forth in the report of the Committee + on Interior and Insular Affairs of the House of Representatives + accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). + (j) Fish and Wildlife.--Nothing in this section affects the +jurisdiction of the State with respect to the management of fish and +wildlife on Federal land in the State. + (k) Wildlife Water Projects.--The Secretary, in consultation with +the State, may authorize wildlife water projects (including guzzlers) +within the Recreation Area. + (l) Water Rights.--Nothing in this section-- + (1) constitutes an express or implied reservation by the + United States of any water rights with respect to the + Recreation Area; + (2) affects any water rights in the State; + (3) affects the use or allocation, in existence on the date + of enactment of this Act, of any water, water right, or + interest in water; + (4) affects any vested absolute or decreed conditional + water right in existence on the date of enactment of this Act, + including any water right held by the United States; + (5) affects any interstate water compact in existence on + the date of enactment of this Act; or + (6) shall be considered to be a relinquishment or reduction + of any water rights reserved or appropriated by the United + States in the State on or before the date of enactment of this + Act. + (m) Withdrawal.--Subject to valid existing rights, all Federal land +in the Recreation Area is withdrawn from-- + (1) all forms of entry, appropriation, and disposal under + the public land laws; + (2) location, entry, and patent under the mining laws; and + (3) operation of the mineral leasing, mineral materials, + and geothermal leasing laws. + (n) Vegetation Management.--Nothing in this section prevents the +Secretary from conducting vegetation management projects, including +fuels reduction activities, within the Recreation Area for the purposes +of improving water quality and reducing risks from wildfire. + (o) Wildland Fire Operations.--Nothing in this section prohibits +the Secretary, in consultation with other Federal, State, local, and +Tribal agencies, as appropriate, from conducting wildland fire +treatment operations or restoration operations in the Recreation Area, +consistent with the purposes of this section. + (p) Recreation Fees.--Except for fees for improved campgrounds, the +Secretary is prohibited from collecting recreation entrance or +recreation use fees within the Recreation Area. + (q) Communication Infrastructure.--Nothing in this section affects +the continued use of, and access to, communication infrastructure +(including necessary upgrades) within the Recreation Area, in +accordance with applicable authorizations and permits. + (r) Non-federal Land.-- + (1) In general.--Nothing in this section affects non- + Federal land or interests in non-Federal land within the + Recreation Area. + (2) Access.--The Secretary shall provide reasonable access + to non-Federal land or interests in non-Federal land within the + Recreation Area. + (s) Outfitting and Guide Activities.--Outfitting and guide services +within the Recreation Area, including commercial outfitting and guide +services, are authorized in accordance with this section and other +applicable law (including regulations). + +SEC. 1118. JOHN WESLEY POWELL NATIONAL CONSERVATION AREA. + + (a) Definitions.--In this section: + (1) Map.--The term ``Map'' means the Bureau of Land + Management map entitled ``Proposed John Wesley Powell National + Conservation Area'' and dated December 10, 2018. + (2) National conservation area.--The term ``National + Conservation Area'' means the John Wesley Powell National + Conservation Area established by subsection (b)(1). + (b) Establishment.-- + (1) In general.--Subject to valid existing rights, there is + established the John Wesley Powell National Conservation Area + in the State of Utah. + (2) Area included.--The National Conservation Area shall + consist of approximately 29,868 acres of public land + administered by the Bureau of Land Management as generally + depicted on the Map. + (c) Purposes.--The purposes of the National Conservation Area are +to conserve, protect, and enhance for the benefit of present and future +generations the nationally significant historic, cultural, natural, +scientific, scenic, recreational, archaeological, educational, and +wildlife resources of the National Conservation Area. + (d) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall prepare and file a + map and legal description of the National Conservation Area + with the Committee on Energy and Natural Resources of the + Senate and the Committee on Natural Resources of the House of + Representatives. + (2) Effect.--The map and legal description prepared under + paragraph (1) shall have the same force and effect as if + included in this section, except that the Secretary may correct + minor errors in the map or legal description. + (3) Availability.--A copy of the map and legal description + shall be on file and available for public inspection in the + appropriate offices of the Bureau of Land Management. + (e) Management.--The Secretary shall manage the National +Conservation Area-- + (1) in a manner that conserves, protects, and enhances the + resources of the National Conservation Area; + (2) in accordance with-- + (A) the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1701 et seq.); + (B) this section; and + (C) any other applicable law; and + (3) as a component of the National Landscape Conservation + System. + (4) Management plan.-- + (A) In general.--Not later than 2 years after the + date of enactment of this Act, the Secretary shall + develop a management plan for the National Conservation + Area. + (B) Consultation.--The Secretary shall prepare the + management plan-- + (i) in consultation and coordination with + the State of Utah, Uintah County, and affected + Indian Tribes; and + (ii) after providing for public input. + (f) Uses.--The Secretary shall only allow such uses of the National +Conservation Area as the Secretary determines would further the +purposes for which the National Conservation is established. + (g) Acquisition.-- + (1) In general.--The Secretary may acquire land or + interests in land within the boundaries of the National + Conservation Area by purchase from a willing seller, donation, + or exchange. + (2) Incorporation in national conservation area.--Any land + or interest in land located inside the boundary of the National + Conservation Area that is acquired by the United States after + the date of enactment of this Act shall be added to and + administered as part of the National Conservation Area. + (3) State land.--On request of the Utah School and + Institutional Trust Lands Administration and, if practicable, + not later than 5 years after the date of enactment of this Act, + the Secretary shall seek to acquire all State-owned land within + the boundaries of the National Conservation Area by exchange or + purchase, subject to the appropriation of necessary funds. + (h) Motorized Vehicles.-- + (1) In general.--Subject to paragraph (2), except in cases + in which motorized vehicles are needed for administrative + purposes or to respond to an emergency, the use of motorized + vehicles in the National Conservation Area shall be permitted + only on roads designated in the management plan. + (2) Use of motorized vehicles prior to completion of + management plan.--Prior to completion of the management plan, + the use of motorized vehicles within the National Conservation + Area shall be permitted in accordance with the applicable + Bureau of Land Management resource management plan. + (i) Grazing.--The grazing of livestock in the National Conservation +Area, where established before the date of enactment of this Act, shall +be allowed to continue, subject to such reasonable regulations, +policies, and practices as the Secretary considers to be necessary in +accordance with-- + (1) applicable law (including regulations); + (2) the purposes of the National Conservation Area; and + (3) the guidelines set forth in Appendix A of the report of + the Committee on Interior and Insular Affairs of the House of + Representatives accompanying H.R. 2570 of the 101st Congress + (House Report 101-405). + (j) Fish and Wildlife.--Nothing in this section affects the +jurisdiction of the State of Utah with respect to the management of +fish and wildlife on Federal land in the State. + (k) Wildlife Water Projects.--The Secretary, in consultation with +the State of Utah, may authorize wildlife water projects (including +guzzlers) within the National Conservation Area. + (l) Greater Sage-grouse Conservation Projects.--Nothing in this +section affects the authority of the Secretary to undertake Greater +sage-grouse (Centrocercus urophasianus) conservation projects to +maintain and improve Greater sage-grouse habitat, including the +management of vegetation through mechanical means, to further the +purposes of the National Conservation Area. + (m) Water Rights.--Nothing in this section-- + (1) constitutes an express or implied reservation by the + United States of any water rights with respect to the National + Conservation Area; + (2) affects any water rights in the State; + (3) affects the use or allocation, in existence on the date + of enactment of this Act, of any water, water right, or + interest in water; + (4) affects any vested absolute or decreed conditional + water right in existence on the date of enactment of this Act, + including any water right held by the United States; + (5) affects any interstate water compact in existence on + the date of enactment of this Act; or + (6) shall be considered to be a relinquishment or reduction + of any water rights reserved or appropriated by the United + States in the State on or before the date of enactment of this + Act. + (n) No Buffer Zones.-- + (1) In general.--Nothing in this section creates a + protective perimeter or buffer zone around the National + Conservation Area. + (2) Activities outside national conservation area.--The + fact that an authorized activity or use on land outside the + National Conservation Area can be seen or heard within the + National Conservation Area shall not preclude the activity or + use outside the boundary of the Area. + (o) Withdrawal.-- + (1) In general.--Subject to valid existing rights, all + Federal land in the National Conservation Area (including any + land acquired after the date of enactment of this Act) is + withdrawn from-- + (A) all forms of entry, appropriation, and disposal + under the public land laws; + (B) location, entry, and patent under the mining + laws; and + (C) operation of the mineral leasing, mineral + materials, and geothermal leasing laws. + (p) Vegetation Management.--Nothing in this section prevents the +Secretary from conducting vegetation management projects, including +fuels reduction activities, within the National Conservation Area that +are consistent with this section and that further the purposes of the +National Conservation Area. + (q) Wildland Fire Operations.--Nothing in this section prohibits +the Secretary, in consultation with other Federal, State, local, and +Tribal agencies, as appropriate, from conducting wildland fire +prevention and restoration operations in the National Conservation +Area, consistent with the purposes of this section. + (r) Recreation Fees.--Except for improved campgrounds, the +Secretary is prohibited from collecting recreation entrance or use fees +within the National Conservation Area. + (s) Outfitting and Guide Activities.--Outfitting and guide services +within the National Conservation Area, including commercial outfitting +and guide services, are authorized in accordance with this section and +other applicable law (including regulations). + (t) Non-federal Land.-- + (1) In general.--Nothing in this section affects non- + Federal land or interests in non-Federal land within the + National Conservation Area. + (2) Reasonable access.--The Secretary shall provide + reasonable access to non-Federal land or interests in non- + Federal land within the National Conservation Area. + (u) Research and Interpretive Management.--The Secretary may +establish programs and projects for the conduct of scientific, +historical, cultural, archeological, and natural studies through the +use of public and private partnerships that further the purposes of the +National Conservation Area. + +SEC. 1119. ALASKA NATIVE VIETNAM ERA VETERANS LAND ALLOTMENT. + + (a) Definitions.--In this section: + (1) Available federal land.-- + (A) In general.--The term ``available Federal + land'' means Federal land in the State that-- + (i) is vacant, unappropriated, and + unreserved and is identified as available for + selection under subsection (b)(5); or + (ii) has been selected by, but not yet + conveyed to-- + (I) the State, if the State agrees + to voluntarily relinquish the selection + of the Federal land for selection by an + eligible individual; or + (II) a Regional Corporation or a + Village Corporation, if the Regional + Corporation or Village Corporation + agrees to voluntarily relinquish the + selection of the Federal land for + selection by an eligible individual. + (B) Exclusions.--The term ``available Federal + land'' does not include any Federal land in the State + that is-- + (i)(I) a right-of-way of the TransAlaska + Pipeline; or + (II) an inner or outer corridor of such a + right-of-way; + (ii) withdrawn or acquired for purposes of + the Armed Forces; + (iii) under review for a pending right-of- + way for a natural gas corridor; + (iv) within the Arctic National Wildlife + Refuge; + (v) within a unit of the National Forest + System; + (vi) designated as wilderness by Congress; + (vii) within a unit of the National Park + System, a National Preserve, or a National + Monument; + (viii) within a component of the National + Trails System; + (ix) within a component of the National + Wild and Scenic Rivers System; or + (x) within the National Petroleum Reserve- + Alaska. + (2) Eligible individual.--The term ``eligible individual'' + means an individual who, as determined by the Secretary in + accordance with subsection (c)(1), is-- + (A) a Native veteran-- + (i) who served in the Armed Forces during + the period between August 5, 1964, and December + 31, 1971; and + (ii) has not received an allotment made + pursuant to-- + (I) the Act of May 17, 1906 (34 + Stat. 197, chapter 2469) (as in effect + on December 17, 1971); + (II) section 14(h)(5) of the Alaska + Native Claims Settlement Act (43 U.S.C. + 1613(h)(5)); or + (III) section 41 of the Alaska + Native Claims Settlement Act (43 U.S.C. + 1629g); or + (B) is the personal representative of the estate of + a deceased eligible individual described in + subparagraph (A), who has been duly appointed in the + appropriate Alaska State court or a registrar has + qualified, acting for the benefit of the heirs of the + estate of a deceased eligible individual described in + subparagraph (A). + (3) Native; regional corporation; village corporation.--The + terms ``Native'', ``Regional Corporation'', and ``Village + Corporation'' have the meanings given those terms in section 3 + of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). + (4) State.--The term ``State'' means the State of Alaska. + (5) Veteran.--The term ``veteran'' has the meaning given + the term in section 101 of title 38, United States Code. + (b) Allotments for Eligible Individuals.-- + (1) Information to determine eligibility.-- + (A) In general.--Not later than 180 days after the + date of enactment of this Act, the Secretary of + Defense, in coordination with the Secretary of Veterans + Affairs, shall provide to the Secretary a list of all + members of the Armed Forces who served during the + period between August 5, 1964, and December 31, 1971. + (B) Use.--The Secretary shall use the information + provided under subparagraph (A) to determine whether an + individual meets the military service requirements + under subsection (a)(2)(A)(i). + (C) Outreach and assistance.--The Secretary, in + coordination with the Secretary of Veterans Affairs, + shall conduct outreach, and provide assistance in + applying for allotments, to eligible individuals. + (2) Regulations.--Not later than 18 months after the date + of enactment of this section, the Secretary shall promulgate + regulations to carry out this subsection. + (3) Selection by eligible individuals.-- + (A) In general.--An eligible individual-- + (i) may select 1 parcel of not less than + 2.5 acres and not more than 160 acres of + available Federal land; and + (ii) on making a selection pursuant to + clause (i), shall submit to the Secretary an + allotment selection application for the + applicable parcel of available Federal land. + (B) Selection period.--An eligible individual may + apply for an allotment during the 5-year period + beginning on the effective date of the final + regulations issued under paragraph (2). + (4) Conflicting selections.--If 2 or more eligible + individuals submit to the Secretary an allotment selection + application under paragraph (3)(A)(ii) for the same parcel of + available Federal land, the Secretary shall-- + (A) give preference to the selection application + received on the earliest date; and + (B) provide to each eligible individual the + selection application of whom is rejected under + subparagraph (A) an opportunity to select a substitute + parcel of available Federal land. + (5) Identification of available federal land administered + by the bureau of land management.-- + (A) In general.--Not later than 1 year after the + date of enactment of this Act, the Secretary, in + consultation with the State, Regional Corporations, and + Village Corporations, shall identify Federal land + administered by the Bureau of Land Management as + available Federal land for allotment selection in the + State by eligible individuals. + (B) Certification; survey.--The Secretary shall-- + (i) certify that the available Federal land + identified under subparagraph (A) is free of + known contamination; and + (ii) survey the available Federal land + identified under subparagraph (A) into aliquot + parts and lots, segregating all navigable and + meanderable waters and land not available for + allotment selection. + (C) Maps.--As soon as practicable after the date on + which available Federal land is identified under + subparagraph (A), the Secretary shall submit to + Congress, and publish in the Federal Register, 1 or + more maps depicting the identified available Federal + land. + (D) Conveyances.--Any available Federal land + conveyed to an eligible individual under this paragraph + shall be subject to-- + (i) valid existing rights; and + (ii) the reservation of minerals to the + United States. + (E) Intent of congress.--It is the intent of + Congress that not later than 1 year after the date on + which an eligible individual submits an allotment + selection application for available Federal land that + meets the requirements of this section, as determined + by the Secretary, the Secretary shall issue to the + eligible individual a certificate of allotment with + respect to the available Federal land covered by the + allotment selection application, subject to the + requirements of subparagraph (D). + (c) Identification of Available Federal Land in Units of the +National Wildlife Refuge System.-- + (1) Report.--Not later than 1 year after the date of + enactment of this Act, the Secretary shall-- + (A) conduct a study to determine whether any + additional Federal lands within units of the National + Wildlife Refuge System in the State should be made + available for allotment selection; and + (B) report the findings and conclusions of the + study to Congress. + (2) Content of the report.--The Secretary shall include in + the report required under paragraph (1)-- + (A) the Secretary's determination whether Federal + lands within units of the National Wildlife Refuge + System in the State should be made available for + allotment selection by eligible individuals; and + (B) identification of the specific areas (including + maps) within units of the National Wildlife Refuge + System in the State that the Secretary determines + should be made available, consistent with the mission + of the National Wildlife Refuge System and the specific + purposes for which the unit was established, and this + subsection. + (3) Factors to be considered.--In determining whether + Federal lands within units of the National Wildlife Refuge + System in the State should be made available under paragraph + (1)(A), the Secretary shall take into account-- + (A) the proximity of the Federal land made + available for allotment selection under subsection + (b)(5) to eligible individuals; + (B) the proximity of the units of the National + Wildlife Refuge System in the State to eligible + individuals; and + (C) the amount of additional Federal land within + units of the National Wildlife Refuge System in the + State that the Secretary estimates would be necessary + to make allotments available for selection by eligible + individuals. + (4) Identifying federal land in units of the national + wildlife refuge system.--In identifying whether Federal lands + within units of the National Wildlife Refuge System in the + State should be made available for allotment under paragraph + (2)(B), the Secretary shall not identify any Federal land in a + unit of the National Wildlife Refuge System-- + (A) the conveyance of which, independently or as + part of a group of allotments-- + (i) could significantly interfere with + biological, physical, cultural, scenic, + recreational, natural quiet, or subsistence + values of the unit of the National Wildlife + Refuge System; + (ii) could obstruct access by the public or + the Fish and Wildlife Service to the resource + values of the unit; + (iii) could trigger development or future + uses in an area that would adversely affect + resource values of the surrounding National + Wildlife Refuge System land; + (iv) could open an area of a unit to new + access and uses that adversely affect resources + values of the unit; or + (v) could interfere with the management + plan of the unit; + (B) that is located within 300 feet from the shore + of a navigable water body; + (C) that is not consistent with the purposes for + which the unit of the National Wildlife Refuge System + was established; + (D) that is designated as wilderness by Congress; + or + (E) that is within the Arctic National Wildlife + Refuge. + (d) Limitation.--No Federal land may be identified for selection or +made available for allotment within a unit of the National Wildlife +Refuge System unless it has been authorized by an Act of Congress +subsequent to the date of enactment of this Act. Further, any proposed +conveyance of land within a unit of the National Wildlife Refuge System +must have been identified by the Secretary in accordance with +subsection (c)(4) in the report to Congress required by subsection (c) +and include patent provisions that the land remains subject to the laws +and regulations governing the use and development of the Refuge. + +SEC. 1120. RED RIVER GRADIENT BOUNDARY SURVEY. + + (a) Definitions.--In this section: + (1) Affected area.-- + (A) In general.--The term ``affected area'' means + land along the approximately 116-mile stretch of the + Red River, from its confluence with the north fork of + the Red River on the west to the 98th meridian on the + east. + (B) Exclusions.--The term ``affected area'' does + not include the portion of the Red River within the + boundary depicted on the survey prepared by the Bureau + of Land Management entitled ``Township 5 South, Range + 14 West, of the Indian Meridian, Oklahoma, Dependent + Resurvey and Survey'' and dated February 28, 2006. + (2) Gradient boundary survey method.--The term ``gradient + boundary survey method'' means the measurement technique used + to locate the South Bank boundary line in accordance with the + methodology established in Oklahoma v. Texas, 261 U.S. 340 + (1923) (recognizing that the boundary line along the Red River + is subject to change due to erosion and accretion). + (3) Landowner.--The term ``landowner'' means any + individual, group, association, corporation, federally + recognized Indian tribe or member of such an Indian tribe, or + other private or governmental legal entity that owns an + interest in land in the affected area. + (4) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the Bureau of Land Management. + (5) South bank.--The term ``South Bank'' means the water- + washed and relatively permanent elevation or acclivity + (commonly known as a ``cut bank'') along the southerly or right + side of the Red River that-- + (A) separates the bed of that river from the + adjacent upland, whether valley or hill; and + (B) usually serves, as specified in the fifth + paragraph of Oklahoma v. Texas, 261 U.S. 340 (1923)-- + (i) to confine the waters within the bed; + and + (ii) to preserve the course of the river. + (6) South bank boundary line.--The term ``South Bank + boundary line'' means the boundary, with respect to title and + ownership, between the States of Oklahoma and Texas identified + through the gradient boundary survey method that does not + impact or alter the permanent political boundary line between + the States along the Red River, as outlined under article II, + section B of the Red River Boundary Compact enacted by the + States and consented to by Congress pursuant to Public Law 106- + 288 (114 Stat. 919). + (b) Survey of South Bank Boundary Line.-- + (1) Survey required.-- + (A) In general.--The Secretary shall commission a + survey to identify the South Bank boundary line in the + affected area. + (B) Requirements.--The survey shall-- + (i) adhere to the gradient boundary survey + method; + (ii) span the length of the affected area; + (iii) be conducted by 1 or more independent + third-party surveyors that are-- + (I) licensed and qualified to + conduct official gradient boundary + surveys; and + (II) selected by the Secretary, in + consultation with-- + (aa) the Texas General Land + Office; + (bb) the Oklahoma + Commissioners of the Land + Office, in consultation with + the attorney general of the + State of Oklahoma; and + (cc) each affected + federally recognized Indian + Tribe; and + (iv) subject to the availability of + appropriations, be completed not later than 2 + years after the date of enactment of this Act. + (2) Approval of the boundary survey.-- + (A) In general.--Not later than 60 days after the + date on which the survey or a portion of the survey + under paragraph (1)(A) is completed, the Secretary + shall submit the survey for approval to-- + (i) the Texas General Land Office; + (ii) the Oklahoma Commissioners of the Land + Office, in consultation with the attorney + general of the State of Oklahoma; and + (iii) each affected federally recognized + Indian Tribe. + (B) Timing of approval.--Not later than 60 days + after the date on which each of the Texas General Land + Office, the Oklahoma Commissioners of the Land Office, + in consultation with the attorney general of the State + of Oklahoma, and each affected federally recognized + Indian Tribe notify the Secretary of the approval of + the boundary survey or a portion of the survey by the + applicable office or federally recognized Indian Tribe, + the Secretary shall determine whether to approve the + survey or portion of the survey, subject to + subparagraph (D). + (C) Submission of portions of survey for + approval.--As portions of the survey are completed, the + Secretary may submit the completed portions of the + survey for approval under subparagraph (A). + (D) Written approval.--The Secretary shall only + approve the survey, or a portion of the survey, that + has the written approval of each of-- + (i) the Texas General Land Office; + (ii) the Oklahoma Commissioners of the Land + Office, in consultation with the attorney + general of the State of Oklahoma; and + (iii) each affected federally recognized + Indian Tribe. + (c) Survey of Individual Parcels.--Surveys of individual parcels in +the affected area shall be conducted in accordance with the boundary +survey approved under subsection (b)(2). + (d) Notice and Availability of Survey.--Not later than 60 days +after the date on which the boundary survey is approved under +subsection (b)(2), the Secretary shall-- + (1) publish notice of the approval of the survey in-- + (A) the Federal Register; and + (B) 1 or more local newspapers; and + (2) on request, furnish to any landowner a copy of-- + (A) the survey; and + (B) any field notes relating to-- + (i) the individual parcel of the landowner; + or + (ii) any individual parcel adjacent to the + individual parcel of the landowner. + (e) Effect of Section.--Nothing in this section-- + (1) modifies any interest of the State of Oklahoma or + Texas, or the sovereignty, property, or trust rights of any + federally recognized Indian Tribe, relating to land located + north of the South Bank boundary line, as established by the + survey; + (2) modifies any land patented under the Act of December + 22, 1928 (45 Stat. 1069, chapter 47; 43 U.S.C. 1068) (commonly + known as the ``Color of Title Act''), before the date of + enactment of this Act; + (3) modifies or supersedes the Red River Boundary Compact + enacted by the States of Oklahoma and Texas and consented to by + Congress pursuant to Public Law 106-288 (114 Stat. 919); + (4) creates or reinstates any Indian reservation or any + portion of such a reservation; + (5) modifies any interest or any property or trust rights + of any individual Indian allottee; or + (6) alters any valid right of the State of Oklahoma or the + Kiowa, Comanche, or Apache Indian tribes to the mineral + interest trust fund established under the Act of June 12, 1926 + (44 Stat. 740, chapter 572). + (f) Authorization of Appropriations.--There is authorized to be +appropriated to the Secretary to carry out this section $1,000,000. + +SEC. 1121. SAN JUAN COUNTY SETTLEMENT IMPLEMENTATION. + + (a) Exchange of Coal Preference Right Lease Applications.-- + (1) Definition of bidding right.--In this subsection, the + term ``bidding right'' means an appropriate legal instrument or + other written documentation, including an entry in an account + managed by the Secretary, issued or created under subpart 3435 + of title 43, Code of Federal Regulations, that may be used-- + (A) in lieu of a monetary payment for 50 percent of + a bonus bid for a coal lease sale under the Mineral + Leasing Act (30 U.S.C. 181 et seq.); or + (B) as a monetary credit against 50 percent of any + rental or royalty payments due under any Federal coal + lease. + (2) Use of bidding right.-- + (A) In general.--If the Secretary retires a coal + preference right lease application under the Mineral + Leasing Act (30 U.S.C. 181 et seq.) by issuing a + bidding right in exchange for the relinquishment of the + coal preference right lease application, the bidding + right subsequently may be used in lieu of 50 percent of + the amount owed for any monetary payment of-- + (i) a bonus in a coal lease sale; or + (ii) rental or royalty under a Federal coal + lease. + (B) Payment calculation.-- + (i) In general.--The Secretary shall + calculate a payment of amounts owed to a + relevant State under section 35(a) of the + Mineral Leasing Act (30 U.S.C. 191(a)) based on + the combined value of the bidding rights and + amounts received. + (ii) Amounts received.--Except as provided + in this paragraph, for purposes of calculating + the payment of amounts owed to a relevant State + under clause (i) only, a bidding right shall be + considered amounts received. + (C) Requirement.--The total number of bidding + rights issued by the Secretary under subparagraph (A) + before October 1, 2029, shall not exceed the number of + bidding rights that reflect a value equivalent to + $67,000,000. + (3) Source of payments.--The Secretary shall make payments + to the relevant State under paragraph (2) from monetary + payments received by the Secretary when bidding rights are + exercised under this section. + (4) Treatment of payments.--A payment to a State under this + subsection shall be treated as a payment under section 35(a) of + the Mineral Leasing Act (30 U.S.C. 191(a)). + (5) Transferability; limitation.-- + (A) Transferability.--A bidding right issued for a + coal preference right lease application under the + Mineral Leasing Act (30 U.S.C. 181 et seq.) shall be + fully transferable to any other person. + (B) Notification of secretary.--A person who + transfers a bidding right shall notify the Secretary of + the transfer by any method determined to be appropriate + by the Secretary. + (C) Effective period.-- + (i) In general.--A bidding right issued + under the Mineral Leasing Act (30 U.S.C. 181 et + seq.) shall terminate on the expiration of the + 7-year period beginning on the date the bidding + right is issued. + (ii) Tolling of period.--The 7-year period + described in clause (i) shall be tolled during + any period in which exercise of the bidding + right is precluded by temporary injunctive + relief granted under, or administrative, + legislative, or judicial suspension of, the + Federal coal leasing program. + (6) Deadline.-- + (A) In general.--If an existing settlement of a + coal preference right lease application has not been + implemented as of the date of enactment of this Act, + not later than 180 days after that date of enactment, + the Secretary shall complete the bidding rights + valuation process in accordance with the terms of the + settlement. + (B) Date of valuation.--For purposes of the + valuation process under subparagraph (A), the market + price of coal shall be determined as of the date of the + settlement. + (b) Certain Land Selections of the Navajo Nation.-- + (1) Cancellation of certain selections.--The land + selections made by the Navajo Nation pursuant to Public Law 93- + 531 (commonly known as the ``Navajo-Hopi Land Settlement Act of + 1974'') (88 Stat. 1712) that are depicted on the map entitled + ``Navajo-Hopi Land Settlement Act Selected Lands'' and dated + April 2, 2015, are cancelled. + (2) Authorization for new selection.-- + (A) In general.--Subject to subparagraphs (B), (C), + and (D) and paragraph (3), the Navajo Nation may make + new land selections in accordance with the Act referred + to in paragraph (1) to replace the land selections + cancelled under that paragraph. + (B) Acreage cap.--The total acreage of land + selected under subparagraph (A) shall not exceed 15,000 + acres of land. + (C) Exclusions.--The following land shall not be + eligible for selection under subparagraph (A): + (i) Land within a unit of the National + Landscape Conservation System. + (ii) Land within-- + (I) the Glade Run Recreation Area; + (II) the Fossil Forest Research + Natural Area; or + (III) a special management area or + area of critical environmental concern + identified in a land use plan developed + under section 202 of the Federal Land + Policy and Management Act of 1976 (43 + U.S.C. 1712) that is in effect on the + date of enactment of this Act. + (iii) Any land subject to a lease or + contract under the Mineral Leasing Act (30 + U.S.C. 181 et seq.) or the Act of July 31, 1947 + (commonly known as the ``Materials Act of + 1947'') (30 U.S.C. 601 et seq.) as of the date + of the selection. + (iv) Land not under the jurisdiction of the + Bureau of Land Management. + (v) Land identified as ``Parcels Excluded + from Selection'' on the map entitled ``Parcels + excluded for selection under the San Juan + County Settlement Implementation Act'' and + dated December 14, 2018. + (D) Deadline.--Not later than 7 years after the + date of enactment of this Act, the Navajo Nation shall + make all selections under subparagraph (A). + (E) Withdrawal.--Any land selected by the Navajo + Nation under subparagraph (A) shall be withdrawn from + disposal, leasing, and development until the date on + which the selected land is placed into trust for the + Navajo Nation. + (3) Equal value.-- + (A) In general.--Notwithstanding the acreage + limitation in the second proviso of section 11(c) of + Public Law 93-531 (commonly known as the ``Navajo-Hopi + Land Settlement Act of 1974'') (25 U.S.C. 640d-10(c)) + and subject to paragraph (2)(B), the value of the land + selected under paragraph (2)(A) and the land subject to + selections cancellation under paragraph (1) shall be + equal, based on appraisals conducted under subparagraph + (B). + (B) Appraisals.-- + (i) In general.--The value of the land + selected under paragraph (2)(A) and the land + subject to selections cancelled under paragraph + (1) shall be determined by appraisals conducted + in accordance with-- + (I) the Uniform Appraisal Standards + for Federal Land Acquisitions; and + (II) the Uniform Standards of + Professional Appraisal Practice. + (ii) Timing.-- + (I) Land subject to selections + cancelled.--Not later than 18 months + after the date of enactment of this + Act, the appraisal under clause (i) of + the land subject to selections + cancelled under paragraph (1) shall be + completed. + (II) New selections.--The + appraisals under clause (i) of the land + selected under paragraph (2)(A) shall + be completed as the Navajo Nation + finalizes those land selections. + (4) Boundary.--For purposes of this subsection and the Act + referred to in paragraph (1), the present boundary of the + Navajo Reservation is depicted on the map entitled ``Navajo + Nation Boundary'' and dated November 16, 2015. + (c) Designation of Ah-shi-sle-pah Wilderness.-- + (1) In general.--In accordance with the Wilderness Act (16 + U.S.C. 1131 et seq.), the approximately 7,242 acres of land as + generally depicted on the map entitled ``San Juan County + Wilderness Designations'' and dated April 2, 2015, is + designated as wilderness and as a component of the National + Wilderness Preservation System, which shall be known as the + ``Ah-shi-sle-pah Wilderness'' (referred to in this subsection + as the ``Wilderness''). + (2) Management.-- + (A) In general.--Subject to valid existing rights, + the Wilderness shall be administered by the Director of + the Bureau of Land Management in accordance with this + subsection and the Wilderness Act (16 U.S.C. 1131 et + seq.), except that any reference in that Act to the + effective date of that Act shall be considered to be a + reference to the date of enactment of this Act. + (B) Adjacent management.-- + (i) In general.--Congress does not intend + for the designation of the Wilderness to create + a protective perimeter or buffer zone around + the Wilderness. + (ii) Nonwilderness activities.--The fact + that nonwilderness activities or uses can be + seen or heard from areas within the Wilderness + shall not preclude the conduct of the + activities or uses outside the boundary of the + Wilderness. + (C) Incorporation of acquired land and interests in + land.--Any land or interest in land that is within the + boundary of the Wilderness that is acquired by the + United States shall-- + (i) become part of the Wilderness; and + (ii) be managed in accordance with-- + (I) the Wilderness Act (16 U.S.C. + 1131 et seq.); + (II) this subsection; and + (III) any other applicable laws. + (D) Grazing.--Grazing of livestock in the + Wilderness, where established before the date of + enactment of this Act, shall be allowed to continue in + accordance with-- + (i) section 4(d)(4) of the Wilderness Act + (16 U.S.C. 1133(d)(4)); and + (ii) the guidelines set forth in the report + of the Committee on Interior and Insular + Affairs of the House of Representatives + accompanying H.R. 5487 of the 96th Congress (H. + Rept. 96-617). + (3) Release of wilderness study areas.--Congress finds + that, for the purposes of section 603(c) of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land + within the Ah-shi-sle-pah Wilderness Study Area not designated + as wilderness by this subsection has been adequately studied + for wilderness designation and is no longer subject to section + 603(c) of the Federal Land Policy and Management Act of 1976 + (43 U.S.C. 1782(c)). + (d) Expansion of Bisti/De-Na-Zin Wilderness.-- + (1) In general.--There is designated as wilderness and as a + component of the National Wilderness Preservation System + certain Federal land comprising approximately 2,250 acres, as + generally depicted on the map entitled ``San Juan County + Wilderness Designations'' and dated April 2, 2015, which is + incorporated in and shall be considered to be a part of the + Bisti/De-Na-Zin Wilderness. + (2) Administration.--Subject to valid existing rights, the + land designated as wilderness by paragraph (1) shall be + administered by the Director of the Bureau of Land Management + (referred to in this subsection as the ``Director''), in + accordance with-- + (A) the Wilderness Act (16 U.S.C. 1131 et seq.), + except that any reference in that Act to the effective + date of that Act shall be considered to be a reference + to the date of enactment of this Act; and + (B) the San Juan Basin Wilderness Protection Act of + 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. + 4211). + (3) Adjacent management.-- + (A) In general.--Congress does not intend for the + designation of the land as wilderness by paragraph (1) + to create a protective perimeter or buffer zone around + that land. + (B) Nonwilderness activities.--The fact that + nonwilderness activities or uses can be seen or heard + from areas within the land designated as wilderness by + paragraph (1) shall not preclude the conduct of the + activities or uses outside the boundary of that land. + (4) Incorporation of acquired land and interests in land.-- + Any land or interest in land that is within the boundary of the + land designated as wilderness by paragraph (1) that is acquired + by the United States shall-- + (A) become part of the Bisti/De-Na-Zin Wilderness; + and + (B) be managed in accordance with-- + (i) the Wilderness Act (16 U.S.C. 1131 et + seq.); + (ii) the San Juan Basin Wilderness + Protection Act of 1984 (Public Law 98-603; 98 + Stat. 3155; 110 Stat. 4211); + (iii) this subsection; and + (iv) any other applicable laws. + (5) Grazing.--Grazing of livestock in the land designated + as wilderness by paragraph (1), where established before the + date of enactment of this Act, shall be allowed to continue in + accordance with-- + (A) section 4(d)(4) of the Wilderness Act (16 + U.S.C. 1133(d)(4)); and + (B) the guidelines set forth in the report of the + Committee on Interior and Insular Affairs of the House + of Representatives accompanying H.R. 5487 of the 96th + Congress (H. Rept. 96-617). + (e) Road Maintenance.-- + (1) In general.--Subject to paragraph (2), the Secretary, + acting through the Director of the Bureau of Indian Affairs, + shall ensure that L-54 between I-40 and Alamo, New Mexico, is + maintained in a condition that is safe for motorized use. + (2) Use of funds.--In carrying out paragraph (1), the + Secretary and the Director of the Bureau of Indian Affairs may + not require any Indian Tribe to use any funds-- + (A) owned by the Indian Tribe; or + (B) provided to the Indian Tribe pursuant to a + contract under the Indian Self-Determination and + Education Assistance Act (25 U.S.C. 5304 et seq.). + (3) Road upgrade.-- + (A) In general.--Nothing in this subsection + requires the Secretary or any Indian Tribe to upgrade + the condition of L-54 as of the date of enactment of + this Act. + (B) Written agreement.--An upgrade to L-54 may not + be made without the written agreement of the Pueblo of + Laguna. + (4) Inventory.--Nothing in this subsection requires L-54 to + be placed on the National Tribal Transportation Facility + Inventory. + +SEC. 1122. RIO PUERCO WATERSHED MANAGEMENT PROGRAM. + + (a) Reauthorization of the Rio Puerco Management Committee.-- +Section 401(b)(4) of division I of the Omnibus Parks and Public Lands +Management Act of 1996 (Public Law 104-333; 110 Stat. 4147; 123 Stat. +1108) is amended by striking ``Omnibus Public Land Management Act of +2009'' and inserting ``Natural Resources Management Act''. + (b) Reauthorization of the Rio Puerco Watershed Management +Program.--Section 401(e) of division I of the Omnibus Parks and Public +Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4148; 123 +Stat. 1108) is amended by striking ``Omnibus Public Land Management Act +of 2009'' and inserting ``Natural Resources Management Act''. + +SEC. 1123. ASHLEY SPRINGS LAND CONVEYANCE. + + (a) Conveyance.--Subject to valid existing rights, at the request +of Uintah County, Utah (referred to in this section as the ``County''), +the Secretary shall convey to the County, without consideration, the +approximately 791 acres of public land administered by the Bureau of +Land Management, as generally depicted on the map entitled ``Ashley +Springs Property'' and dated February 4, 2019, subject to the following +restrictions: + (1) The conveyed land shall be managed as open space to + protect the watershed and underground karst system and aquifer. + (2) Mining or any form of mineral development on the + conveyed land is prohibited. + (3) The County shall allow for non-motorized public + recreation access on the conveyed land. + (4) No new roads may be constructed on the conveyed land. + (b) Reversion.--A conveyance under subsection (a) shall include a +reversionary clause to ensure that management of the land described in +that subsection shall revert to the Secretary if the land is no longer +being managed in accordance with that subsection. + + Subtitle C--Wilderness Designations and Withdrawals + + PART I--GENERAL PROVISIONS + +SEC. 1201. ORGAN MOUNTAINS-DESERT PEAKS CONSERVATION. + + (a) Definitions.--In this section: + (1) Monument.--The term ``Monument'' means the Organ + Mountains-Desert Peaks National Monument established by + Presidential Proclamation 9131 (79 Fed. Reg. 30431). + (2) State.--The term ``State'' means the State of New + Mexico. + (3) Wilderness area.--The term ``wilderness area'' means a + wilderness area designated by subsection (b)(1). + (b) Designation of Wilderness Areas.-- + (1) In general.--In accordance with the Wilderness Act (16 + U.S.C. 1131 et seq.), the following areas in the State are + designated as wilderness and as components of the National + Wilderness Preservation System: + (A) Aden lava flow wilderness.--Certain land + administered by the Bureau of Land Management in Dona + Ana County comprising approximately 27,673 acres, as + generally depicted on the map entitled ``Potrillo + Mountains Complex'' and dated September 27, 2018, which + shall be known as the ``Aden Lava Flow Wilderness''. + (B) Broad canyon wilderness.--Certain land + administered by the Bureau of Land Management in Dona + Ana County comprising approximately 13,902 acres, as + generally depicted on the map entitled ``Desert Peaks + Complex'' and dated October 1, 2018, which shall be + known as the ``Broad Canyon Wilderness''. + (C) Cinder cone wilderness.--Certain land + administered by the Bureau of Land Management in Dona + Ana County comprising approximately 16,935 acres, as + generally depicted on the map entitled ``Potrillo + Mountains Complex'' and dated September 27, 2018, which + shall be known as the ``Cinder Cone Wilderness''. + (D) East potrillo mountains wilderness.--Certain + land administered by the Bureau of Land Management in + Dona Ana and Luna counties comprising approximately + 12,155 acres, as generally depicted on the map entitled + ``Potrillo Mountains Complex'' and dated September 27, + 2018, which shall be known as the ``East Potrillo + Mountains Wilderness''. + (E) Mount riley wilderness.--Certain land + administered by the Bureau of Land Management in Dona + Ana and Luna counties comprising approximately 8,382 + acres, as generally depicted on the map entitled + ``Potrillo Mountains Complex'' and dated September 27, + 2018, which shall be known as the ``Mount Riley + Wilderness''. + (F) Organ mountains wilderness.--Certain land + administered by the Bureau of Land Management in Dona + Ana County comprising approximately 19,916 acres, as + generally depicted on the map entitled ``Organ + Mountains Area'' and dated September 21, 2016, which + shall be known as the ``Organ Mountains Wilderness'', + the boundary of which shall be offset 400 feet from the + centerline of Dripping Springs Road in T. 23 S., R. 04 + E., sec. 7, New Mexico Principal Meridian. + (G) Potrillo mountains wilderness.--Certain land + administered by the Bureau of Land Management in Dona + Ana and Luna counties comprising approximately 105,085 + acres, as generally depicted on the map entitled + ``Potrillo Mountains Complex'' and dated September 27, + 2018, which shall be known as the ``Potrillo Mountains + Wilderness''. + (H) Robledo mountains wilderness.--Certain land + administered by the Bureau of Land Management in Dona + Ana County comprising approximately 16,776 acres, as + generally depicted on the map entitled ``Desert Peaks + Complex'' and dated October 1, 2018, which shall be + known as the ``Robledo Mountains Wilderness''. + (I) Sierra de las uvas wilderness.--Certain land + administered by the Bureau of Land Management in Dona + Ana County comprising approximately 11,114 acres, as + generally depicted on the map entitled ``Desert Peaks + Complex'' and dated October 1, 2018, which shall be + known as the ``Sierra de las Uvas Wilderness''. + (J) Whitethorn wilderness.--Certain land + administered by the Bureau of Land Management in Dona + Ana and Luna counties comprising approximately 9,616 + acres, as generally depicted on the map entitled + ``Potrillo Mountains Complex'' and dated September 27, + 2018, which shall be known as the ``Whitethorn + Wilderness''. + (2) Maps and legal descriptions.-- + (A) In general.--As soon as practicable after the + date of enactment of this Act, the Secretary shall file + maps and legal descriptions of the wilderness areas + with-- + (i) the Committee on Energy and Natural + Resources of the Senate; and + (ii) the Committee on Natural Resources of + the House of Representatives. + (B) Force of law.--The maps and legal descriptions + filed under subparagraph (A) shall have the same force + and effect as if included in this section, except that + the Secretary may correct errors in the maps and legal + descriptions. + (C) Public availability.--The maps and legal + descriptions filed under subparagraph (A) shall be on + file and available for public inspection in the + appropriate offices of the Bureau of Land Management. + (3) Management.--Subject to valid existing rights, the + wilderness areas shall be administered by the Secretary-- + (A) as components of the National Landscape + Conservation System; and + (B) in accordance with-- + (i) this section; and + (ii) the Wilderness Act (16 U.S.C. 1131 et + seq.), except that-- + (I) any reference in the Wilderness + Act to the effective date of that Act + shall be considered to be a reference + to the date of enactment of this Act; + and + (II) any reference in the + Wilderness Act to the Secretary of + Agriculture shall be considered to be a + reference to the Secretary. + (4) Incorporation of acquired land and interests in land.-- + Any land or interest in land that is within the boundary of a + wilderness area that is acquired by the United States shall-- + (A) become part of the wilderness area within the + boundaries of which the land is located; and + (B) be managed in accordance with-- + (i) the Wilderness Act (16 U.S.C. 1131 et + seq.); + (ii) this section; and + (iii) any other applicable laws. + (5) Grazing.--Grazing of livestock in the wilderness areas, + where established before the date of enactment of this Act, + shall be administered in accordance with-- + (A) section 4(d)(4) of the Wilderness Act (16 + U.S.C. 1133(d)(4)); and + (B) the guidelines set forth in Appendix A of the + Report of the Committee on Interior and Insular Affairs + to accompany H.R. 2570 of the 101st Congress (H. Rept. + 101-405). + (6) Military overflights.--Nothing in this subsection + restricts or precludes-- + (A) low-level overflights of military aircraft over + the wilderness areas, including military overflights + that can be seen or heard within the wilderness areas; + (B) the designation of new units of special + airspace over the wilderness areas; or + (C) the use or establishment of military flight + training routes over the wilderness areas. + (7) Buffer zones.-- + (A) In general.--Nothing in this subsection creates + a protective perimeter or buffer zone around any + wilderness area. + (B) Activities outside wilderness areas.--The fact + that an activity or use on land outside any wilderness + area can be seen or heard within the wilderness area + shall not preclude the activity or use outside the + boundary of the wilderness area. + (8) Paragliding.--The use of paragliding within areas of + the East Potrillo Mountains Wilderness designated by paragraph + (1)(D) in which the use has been established before the date of + enactment of this Act, shall be allowed to continue in + accordance with section 4(d)(1) of the Wilderness Act (16 + U.S.C. 1133(d)(1)), subject to any terms and conditions that + the Secretary determines to be necessary. + (9) Climatologic data collection.--Subject to such terms + and conditions as the Secretary may prescribe, nothing in this + section precludes the installation and maintenance of + hydrologic, meteorologic, or climatologic collection devices in + wilderness areas if the facilities and access to the facilities + are essential to flood warning, flood control, or water + reservoir operation activities. + (10) Fish and wildlife.--Nothing in this section affects + the jurisdiction of the State with respect to fish and wildlife + located on public land in the State, except that the Secretary, + after consultation with the New Mexico Department of Game and + Fish, may designate zones where, and establish periods during + which, no hunting or fishing shall be permitted for reasons of + public safety, administration, or compliance with applicable + law. + (11) Withdrawals.-- + (A) In general.--Subject to valid existing rights, + the Federal land within the wilderness areas and any + land or interest in land that is acquired by the United + States in the wilderness areas after the date of + enactment of this Act is withdrawn from-- + (i) entry, appropriation, or disposal under + the public land laws; + (ii) location, entry, and patent under the + mining laws; and + (iii) operation of the mineral leasing, + mineral materials, and geothermal leasing laws. + (B) Parcel b.--The approximately 6,498 acres of + land generally depicted as ``Parcel B'' on the map + entitled ``Organ Mountains Area'' and dated September + 21, 2016, is withdrawn in accordance with subparagraph + (A), except that the land is not withdrawn for purposes + of the issuance of oil and gas pipeline or road rights- + of-way. + (C) Parcel c.--The approximately 1,297 acres of + land generally depicted as ``Parcel C'' on the map + entitled ``Organ Mountains Area'' and dated September + 21, 2016, is withdrawn in accordance with subparagraph + (A), except that the land is not withdrawn from + disposal under the Act of June 14, 1926 (commonly known + as the ``Recreation and Public Purposes Act'') (43 + U.S.C. 869 et seq.). + (D) Parcel d.-- + (i) In general.--The Secretary of the Army + shall allow for the conduct of certain + recreational activities on the approximately + 2,035 acres of land generally depicted as + ``Parcel D'' on the map entitled ``Organ + Mountains Area'' and dated September 21, 2016 + (referred to in this paragraph as the + ``parcel''), which is a portion of the public + land withdrawn and reserved for military + purposes by Public Land Order 833 dated May 21, + 1952 (17 Fed. Reg. 4822). + (ii) Outdoor recreation plan.-- + (I) In general.--The Secretary of + the Army shall develop a plan for + public outdoor recreation on the parcel + that is consistent with the primary + military mission of the parcel. + (II) Requirement.--In developing + the plan under subclause (I), the + Secretary of the Army shall ensure, to + the maximum extent practicable, that + outdoor recreation activities may be + conducted on the parcel, including + hunting, hiking, wildlife viewing, and + camping. + (iii) Closures.--The Secretary of the Army + may close the parcel or any portion of the + parcel to the public as the Secretary of the + Army determines to be necessary to protect-- + (I) public safety; or + (II) the safety of the military + members training on the parcel. + (iv) Transfer of administrative + jurisdiction; withdrawal.-- + (I) In general.--On a determination + by the Secretary of the Army that + military training capabilities, + personnel safety, and installation + security would not be hindered as a + result of the transfer to the Secretary + of administrative jurisdiction over the + parcel, the Secretary of the Army shall + transfer to the Secretary + administrative jurisdiction over the + parcel. + (II) Withdrawal.--On transfer of + the parcel under subclause (I), the + parcel shall be-- + (aa) under the jurisdiction + of the Director of the Bureau + of Land Management; and + (bb) withdrawn from-- + + (AA) entry, + appropriation, or + disposal under the + public land laws; + + (BB) location, + entry, and patent under + the mining laws; and + + (CC) operation of + the mineral leasing, + mineral materials, and + geothermal leasing + laws. + + (III) Reservation.--On transfer + under subclause (I), the parcel shall + be reserved for management of the + resources of, and military training + conducted on, the parcel in accordance + with a memorandum of understanding + entered into under clause (v). + (v) Memorandum of understanding relating to + military training.-- + (I) In general.--If, after the + transfer of the parcel under clause + (iv)(I), the Secretary of the Army + requests that the Secretary enter into + a memorandum of understanding, the + Secretary shall enter into a memorandum + of understanding with the Secretary of + the Army providing for the conduct of + military training on the parcel. + (II) Requirements.--The memorandum + of understanding entered into under + subclause (I) shall-- + (aa) address the location, + frequency, and type of training + activities to be conducted on + the parcel; + (bb) provide to the + Secretary of the Army access to + the parcel for the conduct of + military training; + (cc) authorize the + Secretary or the Secretary of + the Army to close the parcel or + a portion of the parcel to the + public as the Secretary or the + Secretary of the Army + determines to be necessary to + protect-- + + (AA) public safety; + or + + (BB) the safety of + the military members + training; and + + (dd) to the maximum extent + practicable, provide for the + protection of natural, + historic, and cultural + resources in the area of the + parcel. + (vi) Military overflights.--Nothing in this + subparagraph restricts or precludes-- + (I) low-level overflights of + military aircraft over the parcel, + including military overflights that can + be seen or heard within the parcel; + (II) the designation of new units + of special airspace over the parcel; or + (III) the use or establishment of + military flight training routes over + the parcel. + (12) Robledo mountains.-- + (A) In general.--The Secretary shall manage the + Federal land described in subparagraph (B) in a manner + that preserves the character of the land for the future + inclusion of the land in the National Wilderness + Preservation System. + (B) Land description.--The land referred to in + subparagraph (A) is certain land administered by the + Bureau of Land Management, comprising approximately 100 + acres as generally depicted as ``Lookout Peak + Communication Site'' on the map entitled ``Desert Peaks + Complex'' and dated October 1, 2018. + (C) Uses.--The Secretary shall permit only such + uses on the land described in subparagraph (B) as were + permitted on the date of enactment of this Act. + (13) Release of wilderness study areas.--Congress finds + that, for purposes of section 603(c) of the Federal Land Policy + and Management Act of 1976 (43 U.S.C. 1782(c)), the public land + in Dona Ana County administered by the Bureau of Land + Management not designated as wilderness by paragraph (1) or + described in paragraph (12)-- + (A) has been adequately studied for wilderness + designation; + (B) is no longer subject to section 603(c) of the + Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1782(c)); and + (C) shall be managed in accordance with-- + (i) the Federal Land Policy and Management + Act of 1976 (43 U.S.C. 1701 et seq.); + (ii) this section; and + (iii) any other applicable laws. + (14) Private land.--In accordance with section 5 of the + Wilderness Act (16 U.S.C. 1134), the Secretary shall ensure + adequate access to non-Federal land located within the boundary + of a wilderness area. + (c) Border Security.-- + (1) In general.--Nothing in this section-- + (A) prevents the Secretary of Homeland Security + from undertaking law enforcement and border security + activities, in accordance with section 4(c) of the + Wilderness Act (16 U.S.C. 1133(c)), within the + wilderness areas, including the ability to use + motorized access within a wilderness area while in + pursuit of a suspect; + (B) affects the 2006 Memorandum of Understanding + among the Department of Homeland Security, the + Department of the Interior, and the Department of + Agriculture regarding cooperative national security and + counterterrorism efforts on Federal land along the + borders of the United States; or + (C) prevents the Secretary of Homeland Security + from conducting any low-level overflights over the + wilderness areas that may be necessary for law + enforcement and border security purposes. + (2) Withdrawal and administration of certain area.-- + (A) Withdrawal.--The area identified as ``Parcel + A'' on the map entitled ``Potrillo Mountains Complex'' + and dated September 27, 2018, is withdrawn in + accordance with subsection (b)(11)(A). + (B) Administration.--Except as provided in + subparagraphs (C) and (D), the Secretary shall + administer the area described in subparagraph (A) in a + manner that, to the maximum extent practicable, + protects the wilderness character of the area. + (C) Use of motor vehicles.--The use of motor + vehicles, motorized equipment, and mechanical transport + shall be prohibited in the area described in + subparagraph (A) except as necessary for-- + (i) the administration of the area + (including the conduct of law enforcement and + border security activities in the area); or + (ii) grazing uses by authorized permittees. + (D) Effect of subsection.--Nothing in this + paragraph precludes the Secretary from allowing within + the area described in subparagraph (A) the installation + and maintenance of communication or surveillance + infrastructure necessary for law enforcement or border + security activities. + (3) Restricted route.--The route excluded from the Potrillo + Mountains Wilderness identified as ``Restricted--Administrative + Access'' on the map entitled ``Potrillo Mountains Complex'' and + dated September 27, 2018, shall be-- + (A) closed to public access; but + (B) available for administrative and law + enforcement uses, including border security activities. + (d) Organ Mountains-desert Peaks National Monument.-- + (1) Management plan.--In preparing and implementing the + management plan for the Monument, the Secretary shall include a + watershed health assessment to identify opportunities for + watershed restoration. + (2) Incorporation of acquired state trust land and + interests in state trust land.-- + (A) In general.--Any land or interest in land that + is within the State trust land described in + subparagraph (B) that is acquired by the United States + shall-- + (i) become part of the Monument; and + (ii) be managed in accordance with-- + (I) Presidential Proclamation 9131 + (79 Fed. Reg. 30431); + (II) this section; and + (III) any other applicable laws. + (B) Description of state trust land.--The State + trust land referred to in subparagraph (A) is the State + trust land in T. 22 S., R 01 W., New Mexico Principal + Meridian and T. 22 S., R. 02 W., New Mexico Principal + Meridian. + (3) Land exchanges.-- + (A) In general.--Subject to subparagraphs (C) + through (F), the Secretary shall attempt to enter into + an agreement to initiate an exchange under section + 2201.1 of title 43, Code of Federal Regulations (or + successor regulations), with the Commissioner of Public + Lands of New Mexico, by the date that is 18 months + after the date of enactment of this Act, to provide for + a conveyance to the State of all right, title, and + interest of the United States in and to Bureau of Land + Management land in the State identified under + subparagraph (B) in exchange for the conveyance by the + State to the Secretary of all right, title, and + interest of the State in and to parcels of State trust + land within the boundary of the Monument identified + under that subparagraph or described in paragraph + (2)(B). + (B) Identification of land for exchange.--The + Secretary and the Commissioner of Public Lands of New + Mexico shall jointly identify the Bureau of Land + Management land and State trust land eligible for + exchange under this paragraph, the exact acreage and + legal description of which shall be determined by + surveys approved by the Secretary and the New Mexico + State Land Office. + (C) Applicable law.--A land exchange under + subparagraph (A) shall be carried out in accordance + with section 206 of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1716). + (D) Conditions.--A land exchange under subparagraph + (A) shall be subject to-- + (i) valid existing rights; and + (ii) such terms as the Secretary and the + State shall establish. + (E) Valuation, appraisals, and equalization.-- + (i) In general.--The value of the Bureau of + Land Management land and the State trust land + to be conveyed in a land exchange under this + paragraph-- + (I) shall be equal, as determined + by appraisals conducted in accordance + with clause (ii); or + (II) if not equal, shall be + equalized in accordance with clause + (iii). + (ii) Appraisals.-- + (I) In general.--The Bureau of Land + Management land and State trust land to + be exchanged under this paragraph shall + be appraised by an independent, + qualified appraiser that is agreed to + by the Secretary and the State. + (II) Requirements.--An appraisal + under subclause (I) shall be conducted + in accordance with-- + (aa) the Uniform Appraisal + Standards for Federal Land + Acquisitions; and + (bb) the Uniform Standards + of Professional Appraisal + Practice. + (iii) Equalization.-- + (I) In general.--If the value of + the Bureau of Land Management land and + the State trust land to be conveyed in + a land exchange under this paragraph is + not equal, the value may be equalized + by-- + (aa) making a cash + equalization payment to the + Secretary or to the State, as + appropriate, in accordance with + section 206(b) of the Federal + Land Policy and Management Act + of 1976 (43 U.S.C. 1716(b)); or + (bb) reducing the acreage + of the Bureau of Land + Management land or State trust + land to be exchanged, as + appropriate. + (II) Cash equalization payments.-- + Any cash equalization payments received + by the Secretary under subclause + (I)(aa) shall be-- + (aa) deposited in the + Federal Land Disposal Account + established by section 206(a) + of the Federal Land Transaction + Facilitation Act (43 U.S.C. + 2305(a)); and + (bb) used in accordance + with that Act. + (F) Limitation.--No exchange of land shall be + conducted under this paragraph unless mutually agreed + to by the Secretary and the State. + +SEC. 1202. CERRO DEL YUTA AND RIO SAN ANTONIO WILDERNESS AREAS. + + (a) Definitions.--In this section: + (1) Map.--The term ``map'' means the map entitled ``Rio + Grande del Norte National Monument Proposed Wilderness Areas'' + and dated July 28, 2015. + (2) Wilderness area.--The term ``wilderness area'' means a + wilderness area designated by subsection (b)(1). + (b) Designation of Cerro Del Yuta and Rio San Antonio Wilderness +Areas.-- + (1) In general.--In accordance with the Wilderness Act (16 + U.S.C. 1131 et seq.), the following areas in the Rio Grande del + Norte National Monument are designated as wilderness and as + components of the National Wilderness Preservation System: + (A) Cerro del yuta wilderness.--Certain land + administered by the Bureau of Land Management in Taos + County, New Mexico, comprising approximately 13,420 + acres as generally depicted on the map, which shall be + known as the ``Cerro del Yuta Wilderness''. + (B) Rio san antonio wilderness.--Certain land + administered by the Bureau of Land Management in Rio + Arriba County, New Mexico, comprising approximately + 8,120 acres, as generally depicted on the map, which + shall be known as the ``Rio San Antonio Wilderness''. + (2) Management of wilderness areas.--Subject to valid + existing rights, the wilderness areas shall be administered in + accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and + this section, except that with respect to the wilderness areas + designated by this section-- + (A) any reference to the effective date of the + Wilderness Act shall be considered to be a reference to + the date of enactment of this Act; and + (B) any reference in the Wilderness Act to the + Secretary of Agriculture shall be considered to be a + reference to the Secretary. + (3) Incorporation of acquired land and interests in land.-- + Any land or interest in land within the boundary of the + wilderness areas that is acquired by the United States shall-- + (A) become part of the wilderness area in which the + land is located; and + (B) be managed in accordance with-- + (i) the Wilderness Act (16 U.S.C. 1131 et + seq.); + (ii) this section; and + (iii) any other applicable laws. + (4) Grazing.--Grazing of livestock in the wilderness areas, + where established before the date of enactment of this Act, + shall be administered in accordance with-- + (A) section 4(d)(4) of the Wilderness Act (16 + U.S.C. 1133(d)(4)); and + (B) the guidelines set forth in appendix A of the + Report of the Committee on Interior and Insular Affairs + to accompany H.R. 2570 of the 101st Congress (H. Rept. + 101-405). + (5) Buffer zones.-- + (A) In general.--Nothing in this section creates a + protective perimeter or buffer zone around the + wilderness areas. + (B) Activities outside wilderness areas.--The fact + that an activity or use on land outside a wilderness + area can be seen or heard within the wilderness area + shall not preclude the activity or use outside the + boundary of the wilderness area. + (6) Release of wilderness study areas.--Congress finds + that, for purposes of section 603(c) of the Federal Land Policy + and Management Act of 1976 (43 U.S.C. 1782(c)), the public land + within the San Antonio Wilderness Study Area not designated as + wilderness by this section-- + (A) has been adequately studied for wilderness + designation; + (B) is no longer subject to section 603(c) of the + Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1782(c)); and + (C) shall be managed in accordance with this + section. + (7) Maps and legal descriptions.-- + (A) In general.--As soon as practicable after the + date of enactment of this Act, the Secretary shall file + the map and legal descriptions of the wilderness areas + with-- + (i) the Committee on Energy and Natural + Resources of the Senate; and + (ii) the Committee on Natural Resources of + the House of Representatives. + (B) Force of law.--The map and legal descriptions + filed under subparagraph (A) shall have the same force + and effect as if included in this section, except that + the Secretary may correct errors in the legal + description and map. + (C) Public availability.--The map and legal + descriptions filed under subparagraph (A) shall be on + file and available for public inspection in the + appropriate offices of the Bureau of Land Management. + (8) National landscape conservation system.--The wilderness + areas shall be administered as components of the National + Landscape Conservation System. + (9) Fish and wildlife.--Nothing in this section affects the + jurisdiction of the State of New Mexico with respect to fish + and wildlife located on public land in the State. + (10) Withdrawals.--Subject to valid existing rights, any + Federal land within the wilderness areas designated by + paragraph (1), including any land or interest in land that is + acquired by the United States after the date of enactment of + this Act, is withdrawn from-- + (A) entry, appropriation, or disposal under the + public land laws; + (B) location, entry, and patent under the mining + laws; and + (C) operation of the mineral leasing, mineral + materials, and geothermal leasing laws. + (11) Treaty rights.--Nothing in this section enlarges, + diminishes, or otherwise modifies any treaty rights. + +SEC. 1203. METHOW VALLEY, WASHINGTON, FEDERAL LAND WITHDRAWAL. + + (a) Definition of Map.--In this section, the term ``Map'' means the +Forest Service map entitled ``Methow Headwaters Withdrawal Proposal +Legislative Map'' and dated May 24, 2016. + (b) Withdrawal.--Subject to valid existing rights, the +approximately 340,079 acres of Federal land and interests in the land +located in the Okanogan-Wenatchee National Forest within the area +depicted on the Map as ``Proposed Withdrawal'' is withdrawn from all +forms of-- + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) disposition under the mineral leasing and geothermal + leasing laws. + (c) Acquired Land.--Any land or interest in land within the area +depicted on the Map as ``Proposed Withdrawal'' that is acquired by the +United States after the date of enactment of this Act shall, on +acquisition, be immediately withdrawn in accordance with this section. + (d) Availability of Map.--The Map shall be kept on file and made +available for public inspection in the appropriate offices of the +Forest Service and the Bureau of Land Management. + +SEC. 1204. EMIGRANT CREVICE WITHDRAWAL. + + (a) Definition of Map.--In this section, the term ``map'' means the +map entitled ``Emigrant Crevice Proposed Withdrawal Area'' and dated +November 10, 2016. + (b) Withdrawal.--Subject to valid existing rights in existence on +the date of enactment of this Act, the National Forest System land and +interests in the National Forest System land, as depicted on the map, +is withdrawn from-- + (1) location, entry, and patent under the mining laws; and + (2) disposition under all laws pertaining to mineral and + geothermal leasing. + (c) Acquired Land.--Any land or interest in land within the area +depicted on the map that is acquired by the United States after the +date of enactment of this Act shall, on acquisition, be immediately +withdrawn in accordance with this section. + (d) Map.-- + (1) Submission of map.--As soon as practicable after the + date of enactment of this Act, the Secretary of Agriculture + shall file the map with-- + (A) the Committee on Energy and Natural Resources + of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + (2) Force of law.--The map filed under paragraph (1) shall + have the same force and effect as if included in this section, + except that the Secretary of Agriculture may correct clerical + and typographical errors in the map. + (3) Public availability.--The map filed under paragraph (1) + shall be on file and available for public inspection in the + appropriate offices of the Forest Service and the Bureau of + Land Management. + (e) Effect.--Nothing in this section affects any recreational use, +including hunting or fishing, that is authorized on land within the +area depicted on the map under applicable law as of the date of +enactment of this Act. + +SEC. 1205. OREGON WILDLANDS. + + (a) Wild and Scenic River Additions, Designations and Technical +Corrections.-- + (1) Additions to rogue wild and scenic river.-- + (A) In general.--Section 3(a) of the Wild and + Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by + striking paragraph (5) and inserting the following: + ``(5) Rogue, oregon.-- + ``(A) In general.--The segment of the river + extending from the mouth of the Applegate River + downstream to the Lobster Creek Bridge, to be + administered by the Secretary of the Interior or the + Secretary of Agriculture, as agreed to by the + Secretaries of the Interior and Agriculture or as + directed by the President. + ``(B) Additions.--In addition to the segment + described in subparagraph (A), there are designated the + following segments in the Rogue River: + ``(i) Kelsey creek.--The approximately 6.8- + mile segment of Kelsey Creek from the Wild + Rogue Wilderness boundary in T. 32 S., R. 9 W., + sec. 25, Willamette Meridian, to the confluence + with the Rogue River, as a wild river. + ``(ii) East fork kelsey creek.-- + ``(I) Scenic river.--The + approximately 0.2-mile segment of East + Fork Kelsey Creek from headwaters + downstream to the Wild Rogue Wilderness + boundary in T. 33 S., R. 8 W., sec. 5, + Willamette Meridian, as a scenic river. + ``(II) Wild river.--The + approximately 4.6-mile segment of East + Fork Kelsey Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 8 + W., sec. 5, Willamette Meridian, to the + confluence with Kelsey Creek, as a wild + river. + ``(iii) Whisky creek.-- + ``(I) Recreational river.--The + approximately 1.6-mile segment of + Whisky Creek from the confluence of the + East Fork and West Fork to the south + boundary of the non-Federal land in T. + 33 S., R. 8 W., sec. 17, Willamette + Meridian, as a recreational river. + ``(II) Wild river.--The + approximately 1.2-mile segment of + Whisky Creek from road 33-8-23 to the + confluence with the Rogue River, as a + wild river. + ``(iv) East fork whisky creek.-- + ``(I) Scenic river.--The + approximately 0.9-mile segment of East + Fork Whisky Creek from its headwaters + to Wild Rogue Wilderness boundary in T. + 33 S., R. 8 W., sec. 11, Willamette + Meridian, as a scenic river. + ``(II) Wild river.--The + approximately 2.6-mile segment of East + Fork Whisky Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 8 + W., sec. 11, Willamette Meridian, + downstream to road 33-8-26 crossing, as + a wild river. + ``(III) Recreational river.--The + approximately 0.3-mile segment of East + Fork Whisky Creek from road 33-8-26 to + the confluence with Whisky Creek, as a + recreational river. + ``(v) West fork whisky creek.--The + approximately 4.8-mile segment of West Fork + Whisky Creek from its headwaters to the + confluence with the East Fork Whisky Creek, as + a wild river. + ``(vi) Big windy creek.-- + ``(I) Scenic river.--The + approximately 1.5-mile segment of Big + Windy Creek from its headwaters to road + 34-9-17.1, as a scenic river. + ``(II) Wild river.--The + approximately 5.8-mile segment of Big + Windy Creek from road 34-9-17.1 to the + confluence with the Rogue River, as a + wild river. + ``(vii) East fork big windy creek.-- + ``(I) Scenic river.--The + approximately 0.2-mile segment of East + Fork Big Windy Creek from its + headwaters to road 34-8-36, as a scenic + river. + ``(II) Wild river.--The + approximately 3.7-mile segment of East + Fork Big Windy Creek from road 34-8-36 + to the confluence with Big Windy Creek, + as a wild river. + ``(viii) Little windy creek.-- + ``(I) Scenic river.--The + approximately 1.2-mile segment of + Little Windy Creek from its headwaters + to the Wild Rogue Wilderness boundary + in T. 33 S., R. 9 W., sec. 33, + Willamette Meridian, as a scenic river. + ``(II) Wild river.--The + approximately 1.9-mile segment of + Little Windy Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 9 + W., sec. 34, Willamette Meridian, to + the confluence with the Rogue River, as + a wild river. + ``(ix) Howard creek.-- + ``(I) Scenic river.--The + approximately 3.5-mile segment of + Howard Creek from its headwaters to + road 34-9-34, as a scenic river. + ``(II) Wild river.--The + approximately 6.9-mile segment of + Howard Creek from 0.1 miles downstream + of road 34-9-34 to the confluence with + the Rogue River, as a wild river. + ``(III) Wild river.--The + approximately 3.5-mile segment of Anna + Creek from its headwaters to the + confluence with Howard Creek, as a wild + river. + ``(x) Mule creek.-- + ``(I) Scenic river.--The + approximately 3.5-mile segment of Mule + Creek from its headwaters downstream to + the Wild Rogue Wilderness boundary as a + scenic river. + ``(II) Wild river.--The + approximately 7.8-mile segment of Mule + Creek from the Wild Rogue Wilderness + boundary in T. 32 S., R. 9 W., sec. 29, + Willamette Meridian, to the confluence + with the Rogue River, as a wild river. + ``(xi) Missouri creek.-- + ``(I) Scenic river.--The + approximately 3.1-mile segment of + Missouri Creek from its headwaters + downstream to the Wild Rogue Wilderness + boundary in T. 33 S., R. 10 W., sec. + 24, Willamette Meridian, as a scenic + river. + ``(II) Wild river.--The + approximately 1.6-mile segment of + Missouri Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 10 + W., sec. 24, Willamette Meridian, to + the confluence with the Rogue River, as + a wild river. + ``(xii) Jenny creek.-- + ``(I) Scenic river.--The + approximately 3.1-mile segment of Jenny + Creek from its headwaters downstream to + the Wild Rogue Wilderness boundary in + T. 33 S., R. 9 W., sec. 28, Willamette + Meridian, as a scenic river. + ``(II) Wild river.--The + approximately 1.8-mile segment of Jenny + Creek from the Wild Rogue Wilderness + boundary in T. 33 S., R. 9 W., sec. 28, + Willamette Meridian, to the confluence + with the Rogue River, as a wild river. + ``(xiii) Rum creek.-- + ``(I) Scenic river.--The + approximately 2.2-mile segment of Rum + Creek from its headwaters to the Wild + Rogue Wilderness boundary in T. 34 S., + R. 8 W., sec. 9, Willamette Meridian, + as a scenic river. + ``(II) Wild river.--The + approximately 2.2-mile segment of Rum + Creek from the Wild Rogue Wilderness + boundary in T. 34 S., R. 8 W., sec. 9, + Willamette Meridian, to the confluence + with the Rogue River, as a wild river. + ``(xiv) East fork rum creek.-- + ``(I) Scenic river.--The + approximately 0.8-mile segment of East + Fork Rum Creek from its headwaters to + the Wild Rogue Wilderness boundary in + T. 34 S., R. 8 W., sec. 10, Willamette + Meridian, as a scenic river. + ``(II) Wild river.--The + approximately 1.3-mile segment of East + Fork Rum Creek from the Wild Rogue + Wilderness boundary in T. 34 S., R. 8 + W., sec. 10, Willamette Meridian, to + the confluence with Rum Creek, as a + wild river. + ``(xv) Wildcat creek.--The approximately + 1.7-mile segment of Wildcat Creek from its + headwaters downstream to the confluence with + the Rogue River, as a wild river. + ``(xvi) Montgomery creek.--The + approximately 1.8-mile segment of Montgomery + Creek from its headwaters downstream to the + confluence with the Rogue River, as a wild + river. + ``(xvii) Hewitt creek.-- + ``(I) Scenic river.--The + approximately 1.4-mile segment of + Hewitt Creek from its headwaters to the + Wild Rogue Wilderness boundary in T. 33 + S., R. 9 W., sec. 19, Willamette + Meridian, as a scenic river. + ``(II) Wild river.--The + approximately 1.2-mile segment of + Hewitt Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 9 + W., sec. 19, Willamette Meridian, to + the confluence with the Rogue River, as + a wild river. + ``(xviii) Bunker creek.--The approximately + 6.6-mile segment of Bunker Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xix) Dulog creek.-- + ``(I) Scenic river.--The + approximately 0.8-mile segment of Dulog + Creek from its headwaters to 0.1 miles + downstream of road 34-8-36, as a scenic + river. + ``(II) Wild river.--The + approximately 1.0-mile segment of Dulog + Creek from road 34-8-36 to the + confluence with the Rogue River, as a + wild river. + ``(xx) Quail creek.--The approximately 1.7- + mile segment of Quail Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 10 W., sec. + 1, Willamette Meridian, to the confluence with + the Rogue River, as a wild river. + ``(xxi) Meadow creek.--The approximately + 4.1-mile segment of Meadow Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xxii) Russian creek.--The approximately + 2.5-mile segment of Russian Creek from the Wild + Rogue Wilderness boundary in T. 33 S., R. 8 W., + sec. 20, Willamette Meridian, to the confluence + with the Rogue River, as a wild river. + ``(xxiii) Alder creek.--The approximately + 1.2-mile segment of Alder Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xxiv) Booze creek.--The approximately + 1.5-mile segment of Booze Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xxv) Bronco creek.--The approximately + 1.8-mile segment of Bronco Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xxvi) Copsey creek.--The approximately + 1.5-mile segment of Copsey Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xxvii) Corral creek.--The approximately + 0.5-mile segment of Corral Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xxviii) Cowley creek.--The approximately + 0.9-mile segment of Cowley Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xxix) Ditch creek.--The approximately + 1.8-mile segment of Ditch Creek from the Wild + Rogue Wilderness boundary in T. 33 S., R. 9 W., + sec. 5, Willamette Meridian, to its confluence + with the Rogue River, as a wild river. + ``(xxx) Francis creek.--The approximately + 0.9-mile segment of Francis Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xxxi) Long gulch.-- + ``(I) Scenic river.--The + approximately 1.4-mile segment of Long + Gulch from its headwaters to the Wild + Rogue Wilderness boundary in T. 33 S., + R. 10 W., sec. 23, Willamette Meridian, + as a scenic river. + ``(II) Wild river.--The + approximately 1.1-mile segment of Long + Gulch from the Wild Rogue Wilderness + boundary in T. 33 S., R. 10 W., sec. + 23, Willamette Meridian, to the + confluence with the Rogue River, as a + wild river. + ``(xxxii) Bailey creek.-- + ``(I) Scenic river.--The + approximately 1.4-mile segment of + Bailey Creek from its headwaters to the + Wild Rogue Wilderness boundary on the + west section line of T. 34 S., R. 8 W., + sec. 14, Willamette Meridian, as a + scenic river. + ``(II) Wild river.--The + approximately 1.7-mile segment of + Bailey Creek from the west section line + of T. 34 S., R.8 W., sec. 14, + Willamette Meridian, to the confluence + of the Rogue River, as a wild river. + ``(xxxiii) Shady creek.--The approximately + 0.7-mile segment of Shady Creek from its + headwaters to the confluence with the Rogue + River, as a wild river. + ``(xxxiv) Slide creek.-- + ``(I) Scenic river.--The + approximately 0.5-mile segment of Slide + Creek from its headwaters to road 33-9- + 6, as a scenic river. + ``(II) Wild river.--The + approximately 0.7-mile section of Slide + Creek from road 33-9-6 to the + confluence with the Rogue River, as a + wild river.''. + (B) Management.--Each river segment designated by + subparagraph (B) of section 3(a)(5) of the Wild and + Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by + subparagraph (A)) shall be managed as part of the Rogue + Wild and Scenic River. + (C) Withdrawal.--Subject to valid existing rights, + the Federal land within the boundaries of the river + segments designated by subparagraph (B) of section + 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. + 1274(a)(5)) (as added by subparagraph (A)) is withdrawn + from all forms of-- + (i) entry, appropriation, or disposal under + the public land laws; + (ii) location, entry, and patent under the + mining laws; and + (iii) disposition under all laws pertaining + to mineral and geothermal leasing or mineral + materials. + (D) Additional protections for rogue river + tributaries.-- + (i) Licensing by commission.--The Federal + Energy Regulatory Commission shall not license + the construction of any dam, water conduit, + reservoir, powerhouse, transmission line, or + other project works on or directly affecting + any stream described in clause (iv). + (ii) Other agencies.-- + (I) In general.--No department or + agency of the United States shall + assist by loan, grant, license, or + otherwise in the construction of any + water resources project on or directly + affecting any stream segment that is + described in clause (iv), except to + maintain or repair water resources + projects in existence on the date of + enactment of this Act. + (II) Effect.--Nothing in this + clause prohibits any department or + agency of the United States in + assisting by loan, grant, license, or + otherwise, a water resources project-- + (aa) the primary purpose of + which is ecological or aquatic + restoration; + (bb) that provides a net + benefit to water quality and + aquatic resources; and + (cc) that is consistent + with protecting and enhancing + the values for which the river + was designated. + (iii) Withdrawal.--Subject to valid + existing rights, the Federal land located + within \1/4\ mile on either side of the stream + segments described in clause (iv) is withdrawn + from all forms of-- + (I) entry, appropriation, or + disposal under the public land laws; + (II) location, entry, and patent + under the mining laws; and + (III) disposition under all laws + pertaining to mineral and geothermal + leasing or mineral materials. + (iv) Description of stream segments.--The + following are the stream segments referred to + in clause (i): + (I) Kelsey creek.--The + approximately 2.5-mile segment of + Kelsey Creek from its headwaters to the + Wild Rogue Wilderness boundary in T. 32 + S., R. 9 W., sec. 25, Willamette + Meridian. + (II) Grave creek.--The + approximately 10.2-mile segment of + Grave Creek from the east boundary of + T. 34 S., R. 7 W., sec. 1, Willamette + Meridian, downstream to the confluence + with the Rogue River. + (III) Centennial gulch.--The + approximately 2.2-mile segment of + Centennial Gulch from its headwaters to + its confluence with the Rogue River in + T. 34 S., R. 7, W., sec. 18, Willamette + Meridian. + (IV) Quail creek.--The + approximately 0.8-mile segment of Quail + Creek from its headwaters to the Wild + Rogue Wilderness boundary in T. 33 S., + R. 10 W., sec. 1, Willamette Meridian. + (V) Ditch creek.--The approximately + 0.7-mile segment of Ditch Creek from + its headwaters to the Wild Rogue + Wilderness boundary in T. 33 S., R. 9 + W., sec. 5, Willamette Meridian. + (VI) Galice creek.--The + approximately 2.2-mile segment of + Galice Creek from the confluence with + the North Fork Galice Creek downstream + to the confluence with the Rogue River + in T. 34 S., R. 8 W., sec. 36, + Willamette Meridian. + (VII) Quartz creek.--The + approximately 3.3-mile segment of + Quartz Creek from its headwaters to its + confluence with the North Fork Galice + Creek in T. 35 S., R. 8 W., sec. 4, + Willamette Meridian. + (VIII) North fork galice creek.-- + The approximately 5.7-mile segment of + the North Fork Galice Creek from its + headwaters to its confluence with the + South Fork Galice Creek in T. 35 S., R. + 8 W., sec. 3, Willamette Meridian. + (2) Technical corrections to the wild and scenic rivers + act.-- + (A) Chetco, oregon.--Section 3(a)(69) of the Wild + and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is + amended-- + (i) by redesignating subparagraphs (A), + (B), and (C) as clauses (i), (ii), and (iii), + respectively, and indenting appropriately; + (ii) in the matter preceding clause (i) (as + so redesignated), by striking ``The 44.5-mile'' + and inserting the following: + ``(A) Designations.--The 44.5-mile''; + (iii) in clause (i) (as so redesignated)-- + (I) by striking ``25.5-mile'' and + inserting ``27.5-mile''; and + (II) by striking ``Boulder Creek at + the Kalmiopsis Wilderness boundary'' + and inserting ``Mislatnah Creek''; + (iv) in clause (ii) (as so redesignated)-- + (I) by striking ``8-mile'' and + inserting ``7.5-mile''; and + (II) by striking ``Boulder Creek to + Steel Bridge'' and inserting + ``Mislatnah Creek to Eagle Creek''; + (v) in clause (iii) (as so redesignated)-- + (I) by striking ``11-mile'' and + inserting ``9.5-mile''; and + (II) by striking ``Steel Bridge'' + and inserting ``Eagle Creek''; and + (vi) by adding at the end the following: + ``(B) Withdrawal.--Subject to valid rights, the + Federal land within the boundaries of the river + segments designated by subparagraph (A) is withdrawn + from all forms of-- + ``(i) entry, appropriation, or disposal + under the public land laws; + ``(ii) location, entry, and patent under + the mining laws; and + ``(iii) disposition under all laws + pertaining to mineral and geothermal leasing or + mineral materials.''. + (B) Whychus creek, oregon.--Section 3(a)(102) of + the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) + is amended-- + (i) in the paragraph heading, by striking + ``Squaw creek'' and inserting ``Whychus + creek''; + (ii) by redesignating subparagraphs (A) and + (B) as clauses (i) and (ii), respectively, and + indenting appropriately; + (iii) in the matter preceding clause (i) + (as so redesignated)-- + (I) by striking ``The 15.4-mile'' + and inserting the following: + ``(A) Designations.--The 15.4-mile''; and + (II) by striking ``McAllister + Ditch, including the Soap Fork Squaw + Creek, the North Fork, the South Fork, + the East and West Forks of Park Creek, + and Park Creek Fork'' and inserting + ``Plainview Ditch, including the Soap + Creek, the North and South Forks of + Whychus Creek, the East and West Forks + of Park Creek, and Park Creek''; + (iv) in clause (ii) (as so redesignated), + by striking ``McAllister Ditch'' and inserting + ``Plainview Ditch''; and + (v) by adding at the end the following: + ``(B) Withdrawal.--Subject to valid existing + rights, the Federal land within the boundaries of the + river segments designated by subparagraph (A) is + withdrawn from all forms of-- + ``(i) entry, appropriation, or disposal + under the public land laws; + ``(ii) location, entry, and patent under + the mining laws; and + ``(iii) disposition under all laws relating + to mineral and geothermal leasing or mineral + materials.''. + (3) Wild and scenic river designations, wasson creek and + franklin creek, oregon.--Section 3(a) of the Wild and Scenic + Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end + the following: + ``(214) Franklin creek, oregon.--The 4.5-mile segment from + its headwaters to the private land boundary in sec. 8, to be + administered by the Secretary of Agriculture as a wild river. + ``(215) Wasson creek, oregon.--The 10.1-mile segment in the + following classes: + ``(A) The 4.2-mile segment from the eastern + boundary of T. 21 S., R. 9 W., sec. 17, downstream to + the western boundary of T. 21 S., R. 10 W., sec. 12, to + be administered by the Secretary of the Interior as a + wild river. + ``(B) The 5.9-mile segment from the western + boundary of T. 21 S., R. 10 W., sec. 12, downstream to + the eastern boundary of the northwest quarter of T. 21 + S., R. 10 W., sec. 22, to be administered by the + Secretary of Agriculture as a wild river.''. + (4) Wild and scenic river designations, molalla river, + oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 + U.S.C. 1274(a)) (as amended by paragraph (3)) is amended by + adding at the end the following: + ``(216) Molalla river, oregon.-- + ``(A) In general.--The following segments in the + State of Oregon, to be administered by the Secretary of + the Interior as a recreational river: + ``(i) Molalla river.--The approximately + 15.1-mile segment from the southern boundary + line of T. 7 S., R. 4 E., sec. 19, downstream + to the edge of the Bureau of Land Management + boundary in T. 6 S., R. 3 E., sec. 7. + ``(ii) Table rock fork molalla river.--The + approximately 6.2-mile segment from the + easternmost Bureau of Land Management boundary + line in the NE\1/4\ sec. 4, T. 7 S., R. 4 E., + downstream to the confluence with the Molalla + River. + ``(B) Withdrawal.--Subject to valid existing + rights, the Federal land within the boundaries of the + river segments designated by subparagraph (A) is + withdrawn from all forms of-- + ``(i) entry, appropriation, or disposal + under the public land laws; + ``(ii) location, entry, and patent under + the mining laws; and + ``(iii) disposition under all laws relating + to mineral and geothermal leasing or mineral + materials.''. + (5) Designation of additional wild and scenic rivers.-- + (A) Elk river, oregon.-- + (i) In general.--Section 3(a) of the Wild + and Scenic Rivers Act (16 U.S.C. 1274(a)) is + amended by striking paragraph (76) and + inserting the following: + ``(76) Elk, oregon.--The 69.2-mile segment to be + administered by the Secretary of Agriculture in the following + classes: + ``(A) Mainstem.--The 17-mile segment from the + confluence of the North and South Forks of the Elk to + Anvil Creek as a recreational river. + ``(B) North fork.-- + ``(i) Scenic river.--The approximately 0.6- + mile segment of the North Fork Elk from its + source in T. 33 S., R. 12 W., sec. 21, + Willamette Meridian, downstream to 0.01 miles + below Forest Service Road 3353, as a scenic + river. + ``(ii) Wild river.--The approximately 5.5- + mile segment of the North Fork Elk from 0.01 + miles below Forest Service Road 3353 to its + confluence with the South Fork Elk, as a wild + river. + ``(C) South fork.-- + ``(i) Scenic river.--The approximately 0.9- + mile segment of the South Fork Elk from its + source in the southeast quarter of T. 33 S., R. + 12 W., sec. 32, Willamette Meridian, Forest + Service Road 3353, as a scenic river. + ``(ii) Wild river.--The approximately 4.2- + mile segment of the South Fork Elk from 0.01 + miles below Forest Service Road 3353 to its + confluence with the North Fork Elk, as a wild + river. + ``(D) Other tributaries.-- + ``(i) Rock creek.--The approximately 1.7- + mile segment of Rock Creek from its headwaters + to the west boundary of T. 32 S., R. 14 W., + sec. 30, Willamette Meridian, as a wild river. + ``(ii) Bald mountain creek.--The + approximately 8-mile segment of Bald Mountain + Creek from its headwaters, including Salal + Spring to its confluence with Elk River, as a + recreational river. + ``(iii) South fork bald mountain creek.-- + The approximately 3.5-mile segment of South + Fork Bald Mountain Creek from its headwaters to + its confluence with Bald Mountain Creek, as a + scenic river. + ``(iv) Platinum creek.--The approximately + 1-mile segment of Platinum Creek from-- + ``(I) its headwaters to Forest + Service Road 5325, as a wild river; and + ``(II) Forest Service Road 5325 to + its confluence with Elk River, as a + scenic river. + ``(v) Panther creek.--The approximately + 5.0-mile segment of Panther Creek from-- + ``(I) its headwaters, including + Mountain Well, to Forest Service Road + 5325, as a wild river; and + ``(II) Forest Service Road 5325 to + its confluence with Elk River, as a + scenic river. + ``(vi) East fork panther creek.--The + approximately 3.0-mile segment of East Fork + Panther Creek from it headwaters, to the + confluence with Panther Creek, as a wild river. + ``(vii) West fork panther creek.--The + approximately 3.0-mile segment of West Fork + Panther Creek from its headwaters to the + confluence with Panther Creek as a wild river. + ``(viii) Lost creek.--The approximately + 1.0-mile segment of Lost Creek from-- + ``(I) its headwaters to Forest + Service Road 5325, as a wild river; and + ``(II) Forest Service Road 5325 to + its confluence with the Elk River, as a + scenic river. + ``(ix) Milbury creek.--The approximately + 1.5-mile segment of Milbury Creek from-- + ``(I) its headwaters to Forest + Service Road 5325, as a wild river; and + ``(II) Forest Service Road 5325 to + its confluence with the Elk River, as a + scenic river. + ``(x) Blackberry creek.--The approximately + 5.0-mile segment of Blackberry Creek from-- + ``(I) its headwaters to Forest + Service Road 5325, as a wild river; and + ``(II) Forest Service Road 5325 to + its confluence with the Elk River, as a + scenic river. + ``(xi) East fork blackberry creek.--The + approximately 2.0-mile segment of the unnamed + tributary locally known as `East Fork + Blackberry Creek' from its headwaters in T. 33 + S., R. 13 W., sec. 26, Willamette Meridian, to + its confluence with Blackberry Creek, as a wild + river. + ``(xii) Mccurdy creek.--The approximately + 1.0-mile segment of McCurdy Creek from-- + ``(I) its headwaters to Forest + Service Road 5325, as a wild river; and + ``(II) Forest Service Road 5325 to + its confluence with the Elk River, as a + scenic river. + ``(xiii) Bear creek.--The approximately + 1.5-mile segment of Bear Creek from headwaters + to the confluence with Bald Mountain Creek, as + a recreational river. + ``(xiv) Butler creek.--The approximately 4- + mile segment of Butler Creek from-- + ``(I) its headwaters to the south + boundary of T. 33 S., R. 13 W., sec. 8, + Willamette Meridian, as a wild river; + and + ``(II) from the south boundary of + T. 33 S., R. 13 W., sec. 8, Willamette + Meridian, to its confluence with Elk + River, as a scenic river. + ``(xv) East fork butler creek.--The + approximately 2.8-mile segment locally known as + the `East Fork of Butler Creek' from its + headwaters on Mount Butler in T. 32 S., R. 13 + W., sec. 29, Willamette Meridian, to its + confluence with Butler Creek, as a scenic + river. + ``(xvi) Purple mountain creek.--The + approximately 2.0-mile segment locally known as + `Purple Mountain Creek' from-- + ``(I) its headwaters in secs. 35 + and 36, T. 33 S., R. 14 W., Willamette + Meridian, to 0.01 miles above Forest + Service Road 5325, as a wild river; and + ``(II) 0.01 miles above Forest + Service Road 5325 to its confluence + with the Elk River, as a scenic + river.''. + (ii) Withdrawal.--Subject to valid existing + rights, the Federal land within the boundaries + of the river segments designated by paragraph + (76) of section 3(a) of the Wild and Scenic + Rivers Act (16 U.S.C. 1274(a)) (as amended by + clause (i)) is withdrawn from all forms of-- + (I) entry, appropriation, or + disposal under the public land laws; + (II) location, entry, and patent + under the mining laws; and + (III) disposition under all laws + relating to mineral and geothermal + leasing or mineral materials. + (B) Designation of wild and scenic river + segments.-- + (i) In general.--Section 3(a) of the Wild + and Scenic Rivers Act (16 U.S.C. 1274(a)) (as + amended by paragraph (4)) is amended by adding + at the end the following: + ``(217) Nestucca river, oregon.--The approximately 15.5- + mile segment from its confluence with Ginger Creek downstream + until it crosses the western edge of T. 4 S., R. 7 W., sec. 7, + Willamette Meridian, to be administered by the Secretary of the + Interior as a recreational river. + ``(218) Walker creek, oregon.--The approximately 2.9-mile + segment from the headwaters in T. 3 S., R. 6 W., sec. 20 + downstream to the confluence with the Nestucca River in T. 3 + S., R. 6 W., sec. 15, Willamette Meridian, to be administered + by the Secretary of the Interior as a recreational river. + ``(219) North fork silver creek, oregon.--The approximately + 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 + downstream to the western edge of the Bureau of Land Management + boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to + be administered by the Secretary of the Interior as a + recreational river. + ``(220) Jenny creek, oregon.--The approximately 17.6-mile + segment from the Bureau of Land Management boundary located at + the north boundary of the southwest quarter of the southeast + quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian, + downstream to the Oregon State border, to be administered by + the Secretary of the Interior as a scenic river. + ``(221) Spring creek, oregon.--The approximately 1.1-mile + segment from its source at Shoat Springs in T. 40 S., R. 4 E., + sec. 34, Willamette Meridian, downstream to the confluence with + Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, + to be administered by the Secretary of the Interior as a scenic + river. + ``(222) Lobster creek, oregon.--The approximately 5-mile + segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, + downstream to the northern edge of the Bureau of Land + Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette + Meridian, to be administered by the Secretary of the Interior + as a recreational river. + ``(223) Elk creek, oregon.--The approximately 7.3-mile + segment from its confluence with Flat Creek near river mile 9, + to the southern edge of the Army Corps of Engineers boundary in + T. 33 S., R. 1 E., sec. 30, Willamette Meridian, near river + mile 1.7, to be administered by the Secretary of the Interior + as a scenic river.''. + (ii) Administration of elk creek.-- + (I) Lateral boundaries of elk + creek.--The lateral boundaries of the + river segment designated by paragraph + (223) of section 3(a) of the Wild and + Scenic Rivers Act (16 U.S.C. 1274(a)) + (as added by clause (i)) shall include + an average of not more than 640 acres + per mile measured from the ordinary + high water mark on both sides of the + river segment. + (II) Deauthorization.--The Elk + Creek Project authorized under the + Flood Control Act of 1962 (Public Law + 87-874; 76 Stat. 1192) is deauthorized. + (iii) Withdrawal.--Subject to valid + existing rights, the Federal land within the + boundaries of the river segments designated by + paragraphs (217) through (223) of section 3(a) + of the Wild and Scenic Rivers Act (16 U.S.C. + 1274(a)) (as added by clause (i)) is withdrawn + from all forms of-- + (I) entry, appropriation, or + disposal under the public land laws; + (II) location, entry, and patent + under the mining laws; and + (III) disposition under all laws + relating to mineral and geothermal + leasing or mineral materials. + (b) Devil's Staircase Wilderness.-- + (1) Definitions.--In this subsection: + (A) Map.--The term ``map'' means the map entitled + ``Devil's Staircase Wilderness Proposal'' and dated + July 26, 2018. + (B) Secretary.--The term ``Secretary'' means-- + (i) the Secretary, with respect to public + land administered by the Secretary; or + (ii) the Secretary of Agriculture, with + respect to National Forest System land. + (C) State.--The term ``State'' means the State of + Oregon. + (D) Wilderness.--The term ``Wilderness'' means the + Devil's Staircase Wilderness designated by paragraph + (2). + (2) Designation.--In accordance with the Wilderness Act (16 + U.S.C. 1131 et seq.), the approximately 30,621 acres of Forest + Service land and Bureau of Land Management land in the State, + as generally depicted on the map, is designated as wilderness + and as a component of the National Wilderness Preservation + System, to be known as the ``Devil's Staircase Wilderness''. + (3) Map; legal description.-- + (A) In general.--As soon as practicable after the + date of enactment of this Act, the Secretary shall + prepare a map and legal description of the Wilderness. + (B) Force of law.--The map and legal description + prepared under subparagraph (A) shall have the same + force and effect as if included in this subsection, + except that the Secretary may correct clerical and + typographical errors in the map and legal description. + (C) Availability.--The map and legal description + prepared under subparagraph (A) shall be on file and + available for public inspection in the appropriate + offices of the Forest Service and Bureau of Land + Management. + (4) Administration.--Subject to valid existing rights, the + area designated as wilderness by this subsection shall be + administered by the Secretary in accordance with the Wilderness + Act (16 U.S.C. 1131 et seq.), except that-- + (A) any reference in that Act to the effective date + shall be considered to be a reference to the date of + enactment of this Act; and + (B) any reference in that Act to the Secretary of + Agriculture shall be considered to be a reference to + the Secretary that has jurisdiction over the land + within the Wilderness. + (5) Fish and wildlife.--Nothing in this subsection affects + the jurisdiction or responsibilities of the State with respect + to fish and wildlife in the State. + (6) Adjacent management.-- + (A) In general.--Nothing in this subsection creates + any protective perimeter or buffer zone around the + Wilderness. + (B) Activities outside wilderness.--The fact that a + nonwilderness activity or use on land outside the + Wilderness can be seen or heard within the Wilderness + shall not preclude the activity or use outside the + boundary of the Wilderness. + (7) Protection of tribal rights.--Nothing in this + subsection diminishes any treaty rights of an Indian Tribe. + (8) Transfer of administrative jurisdiction.-- + (A) In general.--Administrative jurisdiction over + the approximately 49 acres of Bureau of Land Management + land north of the Umpqua River in T. 21 S., R. 11 W., + sec. 32, is transferred from the Bureau of Land + Management to the Forest Service. + (B) Administration.--The Secretary shall administer + the land transferred by subparagraph (A) in accordance + with-- + (i) the Act of March 1, 1911 (commonly + known as the ``Weeks Law'') (16 U.S.C. 480 et + seq.); and + (ii) any laws (including regulations) + applicable to the National Forest System. + + PART II--EMERY COUNTY PUBLIC LAND MANAGEMENT + +SEC. 1211. DEFINITIONS. + + In this part: + (1) Council.--The term ``Council'' means the San Rafael + Swell Recreation Area Advisory Council established under + section 1223(a). + (2) County.--The term ``County'' means Emery County in the + State. + (3) Management plan.--The term ``Management Plan'' means + the management plan for the Recreation Area developed under + section 1222(c). + (4) Map.--The term ``Map'' means the map entitled ``Emery + County Public Land Management Act of 2018 Overview Map'' and + dated February 5, 2019. + (5) Recreation area.--The term ``Recreation Area'' means + the San Rafael Swell Recreation Area established by section + 1221(a)(1). + (6) Secretary.--The term ``Secretary'' means-- + (A) the Secretary, with respect to public land + administered by the Bureau of Land Management; and + (B) the Secretary of Agriculture, with respect to + National Forest System land. + (7) State.--The term ``State'' means the State of Utah. + (8) Wilderness area.--The term ``wilderness area'' means a + wilderness area designated by section 1231(a). + +SEC. 1212. ADMINISTRATION. + + Nothing in this part affects or modifies-- + (1) any right of any federally recognized Indian Tribe; or + (2) any obligation of the United States to any federally + recognized Indian Tribe. + +SEC. 1213. EFFECT ON WATER RIGHTS. + + Nothing in this part-- + (1) affects the use or allocation, in existence on the date + of enactment of this Act, of any water, water right, or + interest in water; + (2) affects any water right (as defined by applicable State + law) in existence on the date of enactment of this Act, + including any water right held by the United States; + (3) affects any interstate water compact in existence on + the date of enactment of this Act; + (4) shall be considered to be a relinquishment or reduction + of any water rights reserved or appropriated by the United + States in the State on or before the date of enactment of this + Act; or + (5) affects the management and operation of Flaming Gorge + Dam and Reservoir, including the storage, management, and + release of water. + +SEC. 1214. SAVINGS CLAUSE. + + Nothing in this part diminishes the authority of the Secretary +under Public Law 92-195 (commonly known as the ``Wild Free-Roaming +Horses and Burros Act'') (16 U.S.C. 1331 et seq.). + + Subpart A--San Rafael Swell Recreation Area + +SEC. 1221. ESTABLISHMENT OF RECREATION AREA. + + (a) Establishment.-- + (1) In general.--Subject to valid existing rights, there is + established the San Rafael Swell Recreation Area in the State. + (2) Area included.--The Recreation Area shall consist of + approximately 216,995 acres of Federal land managed by the + Bureau of Land Management, as generally depicted on the Map. + (b) Purposes.--The purposes of the Recreation Area are to provide +for the protection, conservation, and enhancement of the recreational, +cultural, natural, scenic, wildlife, ecological, historical, and +educational resources of the Recreation Area. + (c) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file a map and legal + description of the Recreation Area with the Committee on + Natural Resources of the House of Representatives and the + Committee on Energy and Natural Resources of the Senate. + (2) Effect.--The map and legal description filed under + paragraph (1) shall have the same force and effect as if + included in this subpart, except that the Secretary may correct + clerical and typographical errors in the map and legal + description. + (3) Public availability.--A copy of the map and legal + description filed under paragraph (1) shall be on file and + available for public inspection in the appropriate offices of + the Bureau of Land Management. + +SEC. 1222. MANAGEMENT OF RECREATION AREA. + + (a) In General.--The Secretary shall administer the Recreation +Area-- + (1) in a manner that conserves, protects, and enhances the + purposes for which the Recreation Area is established; and + (2) in accordance with-- + (A) this section; + (B) the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1701 et seq.); and + (C) other applicable laws. + (b) Uses.--The Secretary shall allow only uses of the Recreation +Area that are consistent with the purposes for which the Recreation +Area is established. + (c) Management Plan.-- + (1) In general.--Not later than 5 years after the date of + enactment of this Act, the Secretary shall develop a + comprehensive management plan for the long-term protection and + management of the Recreation Area. + (2) Requirements.--The Management Plan shall-- + (A) describe the appropriate uses and management of + the Recreation Area; + (B) be developed with extensive public input; + (C) take into consideration any information + developed in studies of the land within the Recreation + Area; and + (D) be developed fully consistent with the + settlement agreement entered into on January 13, 2017, + in the case in the United States District Court for the + District of Utah styled ``Southern Utah Wilderness + Alliance, et al. v. U.S. Department of the Interior, et + al.'' and numbered 2:12-cv-257 DAK. + (d) Motorized Vehicles; New Roads.-- + (1) Motorized vehicles.--Except as needed for emergency + response or administrative purposes, the use of motorized + vehicles in the Recreation Area shall be permitted only on + roads and motorized routes designated in the Management Plan + for the use of motorized vehicles. + (2) New roads.--No new permanent or temporary roads or + other motorized vehicle routes shall be constructed within the + Recreation Area after the date of enactment of this Act. + (3) Existing roads.-- + (A) In general.--Necessary maintenance or repairs + to existing roads designated in the Management Plan for + the use of motorized vehicles, including necessary + repairs to keep existing roads free of debris or other + safety hazards, shall be permitted after the date of + enactment of this Act, consistent with the requirements + of this section. + (B) Effect.--Nothing in this subsection prevents + the Secretary from rerouting an existing road or trail + to protect Recreation Area resources from degradation + or to protect public safety, as determined to be + appropriate by the Secretary. + (e) Grazing.-- + (1) In general.--The grazing of livestock in the Recreation + Area, if established before the date of enactment of this Act, + shall be allowed to continue, subject to such reasonable + regulations, policies, and practices as the Secretary considers + to be necessary in accordance with-- + (A) applicable law (including regulations); and + (B) the purposes of the Recreation Area. + (2) Inventory.--Not later than 5 years after the date of + enactment of this Act, the Secretary, in collaboration with any + affected grazing permittee, shall carry out an inventory of + facilities and improvements associated with grazing activities + in the Recreation Area. + (f) Cold War Sites.--The Secretary shall manage the Recreation Area +in a manner that educates the public about Cold War and historic +uranium mine sites in the Recreation Area, subject to such terms and +conditions as the Secretary considers necessary to protect public +health and safety. + (g) Incorporation of Acquired Land and Interests.--Any land or +interest in land located within the boundary of the Recreation Area +that is acquired by the United States after the date of enactment of +this Act shall-- + (1) become part of the Recreation Area; and + (2) be managed in accordance with applicable laws, + including as provided in this section. + (h) Withdrawal.--Subject to valid existing rights, all Federal land +within the Recreation Area, including any land or interest in land that +is acquired by the United States within the Recreation Area after the +date of enactment of this Act, is withdrawn from-- + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) operation of the mineral leasing, mineral materials, + and geothermal leasing laws. + (i) Study of Nonmotorized Recreation Opportunities.--Not later than +2 years after the date of enactment of this Act, the Secretary, in +consultation with interested parties, shall conduct a study of +nonmotorized recreation trail opportunities, including bicycle trails, +within the Recreation Area, consistent with the purposes of the +Recreation Area. + (j) Cooperative Agreement.--The Secretary may enter into a +cooperative agreement with the State in accordance with section 307(b) +of the Federal Land Policy and Management Act of 1976 (43 U.S.C. +1737(b)) and other applicable laws to provide for the protection, +management, and maintenance of the Recreation Area. + +SEC. 1223. SAN RAFAEL SWELL RECREATION AREA ADVISORY COUNCIL. + + (a) Establishment.--Not later than 180 days after the date of +enactment of this Act, the Secretary shall establish an advisory +council, to be known as the ``San Rafael Swell Recreation Area Advisory +Council''. + (b) Duties.--The Council shall advise the Secretary with respect to +the preparation and implementation of the Management Plan for the +Recreation Area. + (c) Applicable Law.--The Council shall be subject to-- + (1) the Federal Advisory Committee Act (5 U.S.C. App.); and + (2) section 309 of the Federal Land Policy and Management + Act of 1976 (43 U.S.C. 1739). + (d) Members.--The Council shall include 7 members, to be appointed +by the Secretary, of whom, to the maximum extent practicable-- + (1) 1 member shall represent the Emery County Commission; + (2) 1 member shall represent motorized recreational users; + (3) 1 member shall represent nonmotorized recreational + users; + (4) 1 member shall represent permittees holding grazing + allotments within the Recreation Area or wilderness areas + designated in this part; + (5) 1 member shall represent conservation organizations; + (6) 1 member shall have expertise in the historical uses of + the Recreation Area; and + (7) 1 member shall be appointed from the elected leadership + of a Federally recognized Indian Tribe that has significant + cultural or historical connections to, and expertise in, the + landscape, archeological sites, or cultural sites within the + County. + + Subpart B--Wilderness Areas + +SEC. 1231. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. + + (a) Additions.--In accordance with the Wilderness Act (16 U.S.C. +1131 et seq.), the following land in the State is designated as +wilderness and as components of the National Wilderness Preservation +System: + (1) Big wild horse mesa.--Certain Federal land managed by + the Bureau of Land Management, comprising approximately 18,192 + acres, generally depicted on the Map as ``Proposed Big Wild + Horse Mesa Wilderness'', which shall be known as the ``Big Wild + Horse Mesa Wilderness''. + (2) Cold wash.--Certain Federal land managed by the Bureau + of Land Management, comprising approximately 11,001 acres, + generally depicted on the Map as ``Proposed Cold Wash + Wilderness'', which shall be known as the ``Cold Wash + Wilderness''. + (3) Desolation canyon.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 142,996 + acres, generally depicted on the Map as ``Proposed Desolation + Canyon Wilderness'', which shall be known as the ``Desolation + Canyon Wilderness''. + (4) Devil's canyon.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 8,675 + acres, generally depicted on the Map as ``Proposed Devil's + Canyon Wilderness'', which shall be known as the ``Devil's + Canyon Wilderness''. + (5) Eagle canyon.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 13,832 + acres, generally depicted on the Map as ``Proposed Eagle Canyon + Wilderness'', which shall be known as the ``Eagle Canyon + Wilderness''. + (6) Horse valley.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 12,201 + acres, generally depicted on the Map as ``Proposed Horse Valley + Wilderness'', which shall be known as the ``Horse Valley + Wilderness''. + (7) Labyrinth canyon.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 54,643 + acres, generally depicted on the Map as ``Proposed Labyrinth + Canyon Wilderness'', which shall be known as the ``Labyrinth + Canyon Wilderness''. + (8) Little ocean draw.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 20,660 + acres, generally depicted on the Map as ``Proposed Little Ocean + Draw Wilderness'', which shall be known as the ``Little Ocean + Draw Wilderness''. + (9) Little wild horse canyon.--Certain Federal land managed + by the Bureau of Land Management, comprising approximately + 5,479 acres, generally depicted on the Map as ``Proposed Little + Wild Horse Canyon Wilderness'', which shall be known as the + ``Little Wild Horse Canyon Wilderness''. + (10) Lower last chance.--Certain Federal land managed by + the Bureau of Land Management, comprising approximately 19,338 + acres, generally depicted on the Map as ``Proposed Lower Last + Chance Wilderness'', which shall be known as the ``Lower Last + Chance Wilderness''. + (11) Mexican mountain.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 76,413 + acres, generally depicted on the Map as ``Proposed Mexican + Mountain Wilderness'', which shall be known as the ``Mexican + Mountain Wilderness''. + (12) Middle wild horse mesa.--Certain Federal land managed + by the Bureau of Land Management, comprising approximately + 16,343 acres, generally depicted on the Map as ``Proposed + Middle Wild Horse Mesa Wilderness'', which shall be known as + the ``Middle Wild Horse Mesa Wilderness''. + (13) Muddy creek.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 98,023 + acres, generally depicted on the Map as ``Proposed Muddy Creek + Wilderness'', which shall be known as the ``Muddy Creek + Wilderness''. + (14) Nelson mountain.-- + (A) In general.--Certain Federal land managed by + the Forest Service, comprising approximately 7,176 + acres, and certain Federal land managed by the Bureau + of Land Management, comprising approximately 257 acres, + generally depicted on the Map as ``Proposed Nelson + Mountain Wilderness'', which shall be known as the + ``Nelson Mountain Wilderness''. + (B) Transfer of administrative jurisdiction.-- + Administrative jurisdiction over the 257-acre portion + of the Nelson Mountain Wilderness designated by + subparagraph (A) is transferred from the Bureau of Land + Management to the Forest Service. + (15) Red's canyon.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 17,325 + acres, generally depicted on the Map as ``Proposed Red's Canyon + Wilderness'', which shall be known as the ``Red's Canyon + Wilderness''. + (16) San rafael reef.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 60,442 + acres, generally depicted on the Map as ``Proposed San Rafael + Reef Wilderness'', which shall be known as the ``San Rafael + Reef Wilderness''. + (17) Sid's mountain.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 49,130 + acres, generally depicted on the Map as ``Proposed Sid's + Mountain Wilderness'', which shall be known as the ``Sid's + Mountain Wilderness''. + (18) Turtle canyon.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 29,029 + acres, generally depicted on the Map as ``Proposed Turtle + Canyon Wilderness'', which shall be known as the ``Turtle + Canyon Wilderness''. + (b) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file a map and legal + description of each wilderness area with-- + (A) the Committee on Natural Resources of the House + of Representatives; and + (B) the Committee on Energy and Natural Resources + of the Senate. + (2) Effect.--Each map and legal description filed under + paragraph (1) shall have the same force and effect as if + included in this part, except that the Secretary may correct + clerical and typographical errors in the maps and legal + descriptions. + (3) Availability.--Each map and legal description filed + under paragraph (1) shall be on file and available for public + inspection in the appropriate office of the Secretary. + +SEC. 1232. ADMINISTRATION. + + (a) Management.--Subject to valid existing rights, the wilderness +areas shall be administered by the Secretary in accordance with the +Wilderness Act (16 U.S.C. 1131 et seq.), except that-- + (1) any reference in that Act to the effective date shall + be considered to be a reference to the date of enactment of + this Act; and + (2) any reference in that Act to the Secretary of + Agriculture shall be considered to be a reference to the + Secretary. + (b) Recreational Climbing.--Nothing in this part prohibits +recreational rock climbing activities in the wilderness areas, such as +the placement, use, and maintenance of fixed anchors, including any +fixed anchor established before the date of the enactment of this Act-- + (1) in accordance with the Wilderness Act (16 U.S.C. 1131 + et seq.); and + (2) subject to any terms and conditions determined to be + necessary by the Secretary. + (c) Trail Plan.--After providing opportunities for public comment, +the Secretary shall establish a trail plan that addresses hiking and +equestrian trails on the wilderness areas in a manner consistent with +the Wilderness Act (16 U.S.C. 1131 et seq.). + (d) Livestock.-- + (1) In general.--The grazing of livestock in the wilderness + areas, if established before the date of enactment of this Act, + shall be allowed to continue, subject to such reasonable + regulations, policies, and practices as the Secretary considers + to be necessary in accordance with-- + (A) section 4(d)(4) of the Wilderness Act (16 + U.S.C. 1133(d)(4)); and + (B) the guidelines set forth in Appendix A of the + report of the Committee on Interior and Insular Affairs + of the House of Representatives accompanying H.R. 2570 + of the 101st Congress (House Report 101-405). + (2) Inventory.--With respect to each wilderness area in + which grazing of livestock is allowed to continue under + paragraph (1), not later than 2 years after the date of + enactment of this Act, the Secretary, in collaboration with any + affected grazing permittee, shall carry out an inventory of + facilities and improvements associated with grazing activities + in the wilderness area. + (e) Adjacent Management.-- + (1) In general.--Congress does not intend for the + designation of the wilderness areas to create protective + perimeters or buffer zones around the wilderness areas. + (2) Nonwilderness activities.--The fact that nonwilderness + activities or uses can be seen or heard from areas within a + wilderness area shall not preclude the conduct of those + activities or uses outside the boundary of the wilderness area. + (f) Military Overflights.--Nothing in this subpart restricts or +precludes-- + (1) low-level overflights of military aircraft over the + wilderness areas, including military overflights that can be + seen or heard within the wilderness areas; + (2) flight testing and evaluation; or + (3) the designation or creation of new units of special use + airspace, or the establishment of military flight training + routes, over the wilderness areas. + (g) Commercial Services.--Commercial services (including authorized +outfitting and guide activities) within the wilderness areas may be +authorized to the extent necessary for activities that are appropriate +for realizing the recreational or other wilderness purposes of the +wilderness areas, in accordance with section 4(d)(5) of the Wilderness +Act (16 U.S.C. 1133(d)(5)). + (h) Land Acquisition and Incorporation of Acquired Land and +Interests.-- + (1) Acquisition authority.--The Secretary may acquire land + and interests in land within the boundaries of a wilderness + area by donation, purchase from a willing seller, or exchange. + (2) Incorporation.--Any land or interest in land within the + boundary of a wilderness area that is acquired by the United + States after the date of enactment of this Act shall be added + to and administered as part of the wilderness area. + (i) Water Rights.-- + (1) Statutory construction.--Nothing in this subpart-- + (A) shall constitute or be construed to constitute + either an express or implied reservation by the United + States of any water or water rights with respect to the + land designated as wilderness by section 1231; + (B) shall affect any water rights in the State + existing on the date of enactment of this Act, + including any water rights held by the United States; + (C) shall be construed as establishing a precedent + with regard to any future wilderness designations; + (D) shall affect the interpretation of, or any + designation made pursuant to, any other Act; or + (E) shall be construed as limiting, altering, + modifying, or amending any of the interstate compacts + or equitable apportionment decrees that apportions + water among and between the State and other States. + (2) State water law.--The Secretary shall follow the + procedural and substantive requirements of the State in order + to obtain and hold any water rights not in existence on the + date of enactment of this Act with respect to the wilderness + areas. + (j) Memorandum of Understanding.--The Secretary shall offer to +enter into a memorandum of understanding with the County, in accordance +with the Wilderness Act (16 U.S.C. 1131 et seq.), to clarify the +approval processes for the use of motorized equipment and mechanical +transport for search and rescue activities in the Muddy Creek +Wilderness established by section 1231(a)(13). + +SEC. 1233. FISH AND WILDLIFE MANAGEMENT. + + Nothing in this subpart affects the jurisdiction of the State with +respect to fish and wildlife on public land located in the State. + +SEC. 1234. RELEASE. + + (a) Finding.--Congress finds that, for the purposes of section +603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. +1782(c)), the approximately 17,420 acres of public land administered by +the Bureau of Land Management in the County that has not been +designated as wilderness by section 1231(a) has been adequately studied +for wilderness designation. + (b) Release.--The public land described in subsection (a)-- + (1) is no longer subject to section 603(c) of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and + (2) shall be managed in accordance with-- + (A) applicable law; and + (B) any applicable land management plan adopted + under section 202 of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1712). + + Subpart C--Wild and Scenic River Designation + +SEC. 1241. GREEN RIVER WILD AND SCENIC RIVER DESIGNATION. + + (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 +U.S.C. 1274(a)) (as amended by section 1205(a)(5)(B)(i)) is amended by +adding at the end the following: + ``(224) Green river.--The approximately 63-mile segment, as + generally depicted on the map entitled `Emery County Public + Land Management Act of 2018 Overview Map' and dated December + 11, 2018, to be administered by the Secretary of the Interior, + in the following classifications: + ``(A) Wild river segment.--The 5.3-mile segment + from the boundary of the Uintah and Ouray Reservation, + south to the Nefertiti boat ramp, as a wild river. + ``(B) Recreational river segment.--The 8.5-mile + segment from the Nefertiti boat ramp, south to the + Swasey's boat ramp, as a recreational river. + ``(C) Scenic river segment.--The 49.2-mile segment + from Bull Bottom, south to the county line between + Emery and Wayne Counties, as a scenic river.''. + (b) Incorporation of Acquired Non-federal Land.--If the United +States acquires any non-Federal land within or adjacent to a river +segment of the Green River designated by paragraph (224) of section +3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by +subsection (a)), the acquired land shall be incorporated in, and be +administered as part of, the applicable wild, scenic, or recreational +river. + + Subpart D--Land Management and Conveyances + +SEC. 1251. GOBLIN VALLEY STATE PARK. + + (a) In General.--The Secretary shall offer to convey to the Utah +Division of Parks and Recreation of the Utah Department of Natural +Resources (referred to in this section as the ``State''), approximately +6,261 acres of land identified on the Map as the ``Proposed Goblin +Valley State Park Expansion'', without consideration, for the +management by the State as a State park, consistent with uses allowed +under the Act of June 14, 1926 (commonly known as the ``Recreation and +Public Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et +seq.). + (b) Reversionary Clause Required.--A conveyance under subsection +(a) shall include a reversionary clause to ensure that management of +the land described in that subsection shall revert to the Secretary if +the land is no longer being managed as a State park in accordance with +subsection (a). + +SEC. 1252. JURASSIC NATIONAL MONUMENT. + + (a) Establishment Purposes.--To conserve, interpret, and enhance +for the benefit of present and future generations the paleontological, +scientific, educational, and recreational resources of the area and +subject to valid existing rights, there is established in the State the +Jurassic National Monument (referred to in this section as the +``Monument''), consisting of approximately 850 acres of Federal land +administered by the Bureau of Land Management in the County and +generally depicted as ``Proposed Jurassic National Monument'' on the +Map. + (b) Map and Legal Description.-- + (1) In general.--Not later than 2 years after the date of + enactment of this Act, the Secretary shall file with the + Committee on Energy and Natural Resources of the Senate and the + Committee on Natural Resources of the House of Representatives + a map and legal description of the Monument. + (2) Effect.--The map and legal description filed under + paragraph (1) shall have the same force and effect as if + included in this section, except that the Secretary may correct + clerical and typographical errors in the map and legal + description, subject to the requirement that, before making the + proposed corrections, the Secretary shall submit to the State + and any affected county the proposed corrections. + (3) Public availability.--A copy of the map and legal + description filed under paragraph (1) shall be on file and + available for public inspection in the appropriate offices of + the Bureau of Land Management. + (c) Withdrawal.--Subject to valid existing rights, any Federal land +within the boundaries of the Monument and any land or interest in land +that is acquired by the United States for inclusion in the Monument +after the date of enactment of this Act is withdrawn from-- + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) operation of the mineral leasing laws, geothermal + leasing laws, and minerals materials laws. + (d) Management.-- + (1) In general.--The Secretary shall manage the Monument-- + (A) in a manner that conserves, protects, and + enhances the resources and values of the Monument, + including the resources and values described in + subsection (a); and + (B) in accordance with-- + (i) this section; + (ii) the Federal Land Policy and Management + Act of 1976 (43 U.S.C. 1701 et seq.); and + (iii) any other applicable Federal law. + (2) National landscape conservation system.--The Monument + shall be managed as a component of the National Landscape + Conservation System. + (e) Management Plan.-- + (1) In general.--Not later than 2 years after the date of + enactment of this Act, the Secretary shall develop a + comprehensive management plan for the long-term protection and + management of the Monument. + (2) Components.--The management plan developed under + paragraph (1) shall-- + (A) describe the appropriate uses and management of + the Monument, consistent with the provisions of this + section; and + (B) allow for continued scientific research at the + Monument during the development of the management plan + for the Monument, subject to any terms and conditions + that the Secretary determines necessary to protect + Monument resources. + (f) Authorized Uses.--The Secretary shall only allow uses of the +Monument that the Secretary determines would further the purposes for +which the Monument has been established. + (g) Interpretation, Education, and Scientific Research.-- + (1) In general.--The Secretary shall provide for public + interpretation of, and education and scientific research on, + the paleontological resources of the Monument. + (2) Cooperative agreements.--The Secretary may enter into + cooperative agreements with appropriate public entities to + carry out paragraph (1). + (h) Special Management Areas.-- + (1) In general.--The establishment of the Monument shall + not modify the management status of any area within the + boundary of the Monument that is managed as an area of critical + environmental concern. + (2) Conflict of laws.--If there is a conflict between the + laws applicable to an area described in paragraph (1) and this + section, the more restrictive provision shall control. + (i) Motorized Vehicles.--Except as needed for administrative +purposes or to respond to an emergency, the use of motorized vehicles +in the Monument shall be allowed only on roads and trails designated +for use by motorized vehicles under the management plan for the +Monument developed under subsection (e). + (j) Water Rights.--Nothing in this section constitutes an express +or implied reservation by the United States of any water or water +rights with respect to the Monument. + (k) Grazing.--The grazing of livestock in the Monument, if +established before the date of enactment of this Act, shall be allowed +to continue, subject to such reasonable regulations, policies, and +practices as the Secretary considers to be necessary in accordance +with-- + (1) applicable law (including regulations); + (2) the guidelines set forth in Appendix A of the report of + the Committee on Interior and Insular Affairs of the House of + Representatives accompanying H.R. 2570 of the 101st Congress + (House Report 101-405); and + (3) the purposes of the Monument. + +SEC. 1253. PUBLIC LAND DISPOSAL AND ACQUISITION. + + (a) In General.--In accordance with applicable law, the Secretary +may sell public land located in the County that has been identified as +suitable for disposal based on specific criteria as listed in the +Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) in the +applicable resource management plan in existence on the date of +enactment of this Act. + (b) Use of Proceeds.-- + (1) In general.--Notwithstanding any other provision of law + (other than a law that specifically provides for a portion of + the proceeds of a land sale to be distributed to any trust fund + of the State), proceeds from the sale of public land under + subsection (a) shall be deposited in a separate account in the + Treasury, to be known as the ``Emery County, Utah, Land + Acquisition Account'' (referred to in this section as the + ``Account''). + (2) Availability.-- + (A) In general.--Amounts in the Account shall be + available to the Secretary, without further + appropriation, to purchase from willing sellers land or + interests in land within a wilderness area or the + Recreation Area. + (B) Applicability.--Any purchase of land or + interest in land under subparagraph (A) shall be in + accordance with applicable law. + (C) Protection of cultural resources.--To the + extent that there are amounts in the Account in excess + of the amounts needed to carry out subparagraph (A), + the Secretary may use the excess amounts for the + protection of cultural resources on Federal land within + the County. + +SEC. 1254. PUBLIC PURPOSE CONVEYANCES. + + (a) In General.--Notwithstanding the land use planning requirement +of sections 202 and 203 of the Federal Land Policy and Management Act +of 1976 (43 U.S.C. 1712, 1713), on request by the applicable local +governmental entity, the Secretary shall convey without consideration +the following parcels of public land to be used for public purposes: + (1) Emery city recreation area.--The approximately 640-acre + parcel as generally depicted on the Map, to the City of Emery, + Utah, for the creation or enhancement of public recreation + opportunities consistent with uses allowed under the Act of + June 14, 1926 (commonly known as the ``Recreation and Public + Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et + seq.). + (2) Huntington airport.--The approximately 320-acre parcel + as generally depicted on the Map, to Emery County, Utah, for + expansion of Huntington Airport consistent with uses allowed + under the Act of June 14, 1926 (commonly known as the + ``Recreation and Public Purposes Act'') (44 Stat. 741, chapter + 578; 43 U.S.C. 869 et seq.). + (3) Emery county sheriff's office.--The approximately 5- + acre parcel as generally depicted on the Map, to Emery County, + Utah, for the Emery County Sheriff's Office substation + consistent with uses allowed under the Act of June 14, 1926 + (commonly known as the ``Recreation and Public Purposes Act'') + (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). + (4) Buckhorn information center.--The approximately 5-acre + parcel as generally depicted on the Map, to Emery County, Utah, + for the Buckhorn Information Center consistent with uses + allowed under the Act of June 14, 1926 (commonly known as the + ``Recreation and Public Purposes Act'') (44 Stat. 741, chapter + 578; 43 U.S.C. 869 et seq.). + (b) Map and Legal Description.-- + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file a map and legal + description of each parcel of land to be conveyed under + subsection (a) with-- + (A) the Committee on Energy and Natural Resources + of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + (2) Effect.--Each map and legal description filed under + paragraph (1) shall have the same force and effect as if + included in this part, except that the Secretary may correct + clerical or typographical errors in the map and legal + description. + (3) Public availability.--Each map and legal description + filed under paragraph (1) shall be on file and available for + public inspection in the Price Field Office of the Bureau of + Land Management. + (c) Reversion.-- + (1) In general.--If a parcel of land conveyed under + subsection (a) is used for a purpose other than the purpose + described in that subsection, the parcel of land shall, at the + discretion of the Secretary, revert to the United States. + (2) Responsibility for remediation.--In the case of a + reversion under paragraph (1), if the Secretary determines that + the parcel of land is contaminated with hazardous waste, the + local governmental entity to which the parcel of land was + conveyed under subsection (a) shall be responsible for + remediation. + +SEC. 1255. EXCHANGE OF BLM AND SCHOOL AND INSTITUTIONAL TRUST LANDS + ADMINISTRATION LAND. + + (a) Definitions.--In this section: + (1) Exchange map.--The term ``Exchange Map'' means the map + prepared by the Bureau of Land Management entitled ``Emery + County Public Land Management Act--Proposed Land Exchange'' and + dated December, 10, 2018. + (2) Federal land.--The term ``Federal land'' means public + land located in the State of Utah that is identified on the + Exchange Map as-- + (A) ``BLM Surface and Mineral Lands Proposed for + Transfer to SITLA''; + (B) ``BLM Mineral Lands Proposed for Transfer to + SITLA''; and + (C) ``BLM Surface Lands Proposed for Transfer to + SITLA''. + (3) Non-federal land.--The term ``non-Federal land'' means + the land owned by the State in the Emery and Uintah Counties + that is identified on the Exchange Map as-- + (A) ``SITLA Surface and Mineral Land Proposed for + Transfer to BLM''; + (B) ``SITLA Mineral Lands Proposed for Transfer to + BLM''; and + (C) ``SITLA Surface Lands Proposed for Transfer to + BLM''. + (4) State.--The term ``State'' means the State, acting + through the School and Institutional Trust Lands + Administration. + (b) Exchange of Federal Land and Non-federal Land.-- + (1) In general.--If the State offers to convey to the + United States title to the non-Federal land, the Secretary, in + accordance with this section, shall-- + (A) accept the offer; and + (B) on receipt of all right, title, and interest in + and to the non-Federal land, convey to the State (or a + designee) all right, title, and interest of the United + States in and to the Federal land. + (2) Conveyance of parcels in phases.-- + (A) In general.--Notwithstanding that appraisals + for all of the parcels of Federal land and non-Federal + land may not have been approved under subsection + (c)(5), parcels of the Federal land and non-Federal + land may be exchanged under paragraph (1) in phases, to + be mutually agreed by the Secretary and the State, + beginning on the date on which the appraised values of + the parcels included in the applicable phase are + approved. + (B) No agreement on exchange.--If any dispute or + delay arises with respect to the exchange of an + individual parcel of Federal land or non-Federal land + under paragraph (1), the Secretary and the State may + mutually agree to set aside the individual parcel to + allow the exchange of the other parcels of Federal land + and non-Federal land to proceed. + (3) Exclusion.-- + (A) In general.--The Secretary shall exclude from + any conveyance of a parcel of Federal land under + paragraph (1) any Federal land that contains critical + habitat designated for a species listed as an + endangered species or a threatened species under the + Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.). + (B) Requirement.--Any Federal land excluded under + subparagraph (A) shall be the smallest area necessary + to protect the applicable critical habitat. + (4) Applicable law.-- + (A) In general.--The land exchange under paragraph + (1) shall be subject to section 206 of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1716) and + other applicable law. + (B) Land use planning.--With respect to the Federal + land to be conveyed under paragraph (1), the Secretary + shall not be required to undertake any additional land + use planning under section 202 of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1712) + before the conveyance of the Federal land. + (5) Valid existing rights.--The land exchange under + paragraph (1) shall be subject to valid existing rights. + (6) Title approval.--Title to the Federal land and non- + Federal land to be exchanged under paragraph (1) shall be in a + form acceptable to the Secretary and the State. + (c) Appraisals.-- + (1) In general.--The value of the Federal land and the non- + Federal land to be exchanged under subsection (b)(1) shall be + determined by appraisals conducted by 1 or more independent and + qualified appraisers. + (2) State appraiser.--The Secretary and the State may agree + to use an independent and qualified appraiser-- + (A) retained by the State; and + (B) approved by the Secretary. + (3) Applicable law.--The appraisals under paragraph (1) + shall be conducted in accordance with nationally recognized + appraisal standards, including, as appropriate-- + (A) the Uniform Appraisal Standards for Federal + Land Acquisitions; and + (B) the Uniform Standards of Professional Appraisal + Practice. + (4) Minerals.-- + (A) Mineral reports.--The appraisals under + paragraph (1) may take into account mineral and + technical reports provided by the Secretary and the + State in the evaluation of mineral deposits in the + Federal land and non-Federal land. + (B) Mining claims.--To the extent permissible under + applicable appraisal standards, the appraisal of any + parcel of Federal land that is encumbered by a mining + or millsite claim located under sections 2318 through + 2352 of the Revised Statutes (commonly known as the + ``Mining Law of 1872'') (30 U.S.C. 21 et seq.) shall be + appraised in accordance with standard appraisal + practices, including, as appropriate, the Uniform + Appraisal Standards for Federal Land Acquisition. + (C) Validity examinations.--Nothing in this + subsection requires the United States to conduct a + mineral examination for any mining claim on the Federal + land. + (D) Adjustment.-- + (i) In general.--If value is attributed to + any parcel of Federal land because of the + presence of minerals subject to leasing under + the Mineral Leasing Act (30 U.S.C. 181 et + seq.), the value of the parcel (as otherwise + established under this subsection) shall be + reduced by the percentage of the applicable + Federal revenue sharing obligation under + section 35(a) of the Mineral Leasing Act (30 + U.S.C. 191(a)). + (ii) Limitation.--An adjustment under + clause (i) shall not be considered to be a + property right of the State. + (5) Approval.--An appraisal conducted under paragraph (1) + shall be submitted to the Secretary and the State for approval. + (6) Duration.--An appraisal conducted under paragraph (1) + shall remain valid for 3 years after the date on which the + appraisal is approved by the Secretary and the State. + (7) Cost of appraisal.-- + (A) In general.--The cost of an appraisal conducted + under paragraph (1) shall be paid equally by the + Secretary and the State. + (B) Reimbursement by secretary.--If the State + retains an appraiser in accordance with paragraph (2), + the Secretary shall reimburse the State in an amount + equal to 50 percent of the costs incurred by the State. + (d) Conveyance of Title.--It is the intent of Congress that the +land exchange authorized under subsection (b)(1) shall be completed not +later than 1 year after the date of final approval by the Secretary and +the State of the appraisals conducted under subsection (c). + (e) Public Inspection and Notice.-- + (1) Public inspection.--Not later than 30 days before the + date of any exchange of Federal land and non-Federal land under + subsection (b)(1), all final appraisals and appraisal reviews + for the land to be exchanged shall be available for public + review at the office of the State Director of the Bureau of + Land Management in the State of Utah. + (2) Notice.--The Secretary shall make available on the + public website of the Secretary, and the Secretary or the + State, as applicable, shall publish in a newspaper of general + circulation in Salt Lake County, Utah, a notice that the + appraisals conducted under subsection (c) are available for + public inspection. + (f) Equal Value Exchange.-- + (1) In general.--The value of the Federal land and non- + Federal land to be exchanged under subsection (b)(1)-- + (A) shall be equal; or + (B) shall be made equal in accordance with + paragraph (2). + (2) Equalization.-- + (A) Surplus of federal land.--With respect to any + Federal land and non-Federal land to be exchanged under + subsection (b)(1), if the value of the Federal land + exceeds the value of the non-Federal land, the value of + the Federal land and non-Federal land shall be + equalized by-- + (i) the State conveying to the Secretary, + as necessary to equalize the value of the + Federal land and non-Federal land, after the + acquisition of all State trust land located + within the wilderness areas or recreation area + designated by this part, State trust land + located within any of the wilderness areas or + national conservation areas in Washington + County, Utah, established under subtitle O of + title I of the Omnibus Public Land Management + Act of 2009 (Public Law 111-11; 123 Stat. + 1075); and + (ii) the State, to the extent necessary to + equalize any remaining imbalance of value after + all available Washington County, Utah, land + described in clause (i) has been conveyed to + the Secretary, conveying to the Secretary + additional State trust land as identified and + agreed on by the Secretary and the State. + (B) Surplus of non-federal land.--If the value of + the non-Federal land exceeds the value of the Federal + land, the value of the Federal land and the non-Federal + land shall be equalized-- + (i) by the Secretary making a cash + equalization payment to the State, in + accordance with section 206(b) of the Federal + Land Policy and Management Act of 1976 (43 + U.S.C. 1716(b)); or + (ii) by removing non-Federal land from the + exchange. + (g) Indian Tribes.--The Secretary shall consult with any federally +recognized Indian Tribe in the vicinity of the Federal land and non- +Federal land to be exchanged under subsection (b)(1) before the +completion of the land exchange. + (h) Appurtenant Water Rights.--Any conveyance of a parcel of +Federal land or non-Federal land under subsection (b)(1) shall include +the conveyance of water rights appurtenant to the parcel conveyed. + (i) Grazing Permits.-- + (1) In general.--If the Federal land or non-Federal land + exchanged under subsection (b)(1) is subject to a lease, + permit, or contract for the grazing of domestic livestock in + effect on the date of acquisition, the Secretary and the State + shall allow the grazing to continue for the remainder of the + term of the lease, permit, or contract, subject to the related + terms and conditions of user agreements, including permitted + stocking rates, grazing fee levels, access rights, and + ownership and use of range improvements. + (2) Renewal.--To the extent allowed by Federal or State + law, on expiration of any grazing lease, permit, or contract + described in paragraph (1), the holder of the lease, permit, or + contract shall be entitled to a preference right to renew the + lease, permit, or contract. + (3) Cancellation.-- + (A) In general.--Nothing in this section prevents + the Secretary or the State from canceling or modifying + a grazing permit, lease, or contract if the Federal + land or non-Federal land subject to the permit, lease, + or contract is sold, conveyed, transferred, or leased + for non-grazing purposes by the Secretary or the State. + (B) Limitation.--Except to the extent reasonably + necessary to accommodate surface operations in support + of mineral development, the Secretary or the State + shall not cancel or modify a grazing permit, lease, or + contract because the land subject to the permit, lease, + or contract has been leased for mineral development. + (4) Base properties.--If non-Federal land conveyed by the + State under subsection (b)(1) is used by a grazing permittee or + lessee to meet the base property requirements for a Federal + grazing permit or lease, the land shall continue to qualify as + a base property for-- + (A) the remaining term of the lease or permit; and + (B) the term of any renewal or extension of the + lease or permit. + (j) Withdrawal of Federal Land From Mineral Entry Prior to +Exchange.--Subject to valid existing rights, the Federal land to be +conveyed to the State under subsection (b)(1) is withdrawn from mineral +location, entry, and patent under the mining laws pending conveyance of +the Federal land to the State. + + Subtitle D--Wild and Scenic Rivers + +SEC. 1301. LOWER FARMINGTON RIVER AND SALMON BROOK WILD AND SCENIC + RIVER. + + (a) Findings.--Congress finds that-- + (1) the Lower Farmington River and Salmon Brook Study Act + of 2005 (Public Law 109-370) authorized the study of the + Farmington River downstream from the segment designated as a + recreational river by section 3(a)(156) of the Wild and Scenic + Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the + Connecticut River, and the segment of the Salmon Brook + including its main stem and east and west branches for + potential inclusion in the National Wild and Scenic Rivers + System; + (2) the studied segments of the Lower Farmington River and + Salmon Brook support natural, cultural, and recreational + resources of exceptional significance to the citizens of + Connecticut and the Nation; + (3) concurrently with the preparation of the study, the + Lower Farmington River and Salmon Brook Wild and Scenic Study + Committee prepared the Lower Farmington River and Salmon Brook + Management Plan, June 2011 (referred to in this section as the + ``management plan''), that establishes objectives, standards, + and action programs that will ensure the long-term protection + of the outstanding values of the river segments without Federal + management of affected lands not owned by the United States; + (4) the Lower Farmington River and Salmon Brook Wild and + Scenic Study Committee has voted in favor of Wild and Scenic + River designation for the river segments, and has included this + recommendation as an integral part of the management plan; + (5) there is strong local support for the protection of the + Lower Farmington River and Salmon Brook, including votes of + support for Wild and Scenic designation from the governing + bodies of all ten communities abutting the study area; + (6) the State of Connecticut General Assembly has endorsed + the designation of the Lower Farmington River and Salmon Brook + as components of the National Wild and Scenic Rivers System + (Public Act 08-37); and + (7) the Rainbow Dam and Reservoir are located entirely + outside of the river segment designated by subsection (b), and, + based on the findings of the study of the Lower Farmington + River pursuant to Public Law 109-370, this hydroelectric + project (including all aspects of its facilities, operations, + and transmission lines) is compatible with the designation made + by subsection (b). + (b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act +(16 U.S.C. 1274(a)) (as amended by section 1241(a)) is amended by +adding at the end the following: + ``(225) Lower farmington river and salmon brook, + connecticut.--Segments of the main stem and its tributary, + Salmon Brook, totaling approximately 62 miles, to be + administered by the Secretary of the Interior as follows: + ``(A) The approximately 27.2-mile segment of the + Farmington River beginning 0.2 miles below the tailrace + of the Lower Collinsville Dam and extending to the site + of the Spoonville Dam in Bloomfield and East Granby as + a recreational river. + ``(B) The approximately 8.1-mile segment of the + Farmington River extending from 0.5 miles below the + Rainbow Dam to the confluence with the Connecticut + River in Windsor as a recreational river. + ``(C) The approximately 2.4-mile segment of the + main stem of Salmon Brook extending from the confluence + of the East and West Branches to the confluence with + the Farmington River as a recreational river. + ``(D) The approximately 12.6-mile segment of the + West Branch of Salmon Brook extending from its + headwaters in Hartland, Connecticut, to its confluence + with the East Branch of Salmon Brook as a recreational + river. + ``(E) The approximately 11.4-mile segment of the + East Branch of Salmon Brook extending from the + Massachusetts-Connecticut State line to the confluence + with the West Branch of Salmon Brook as a recreational + river.''. + (c) Management.-- + (1) In general.--The river segments designated by + subsection (b) shall be managed in accordance with the + management plan and such amendments to the management plan as + the Secretary determines are consistent with this section. The + management plan shall be deemed to satisfy the requirements for + a comprehensive management plan pursuant to section 3(d) of the + Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). + (2) Committee.--The Secretary shall coordinate the + management responsibilities of the Secretary under this section + with the Lower Farmington River and Salmon Brook Wild and + Scenic Committee, as specified in the management plan. + (3) Cooperative agreements.-- + (A) In general.--In order to provide for the long- + term protection, preservation, and enhancement of the + river segment designated by subsection (b), the + Secretary is authorized to enter into cooperative + agreements pursuant to sections 10(e) and 11(b)(1) of + the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), + 1282(b)(1)) with-- + (i) the State of Connecticut; + (ii) the towns of Avon, Bloomfield, + Burlington, East Granby, Farmington, Granby, + Hartland, Simsbury, and Windsor in Connecticut; + and + (iii) appropriate local planning and + environmental organizations. + (B) Consistency.--All cooperative agreements + provided for under this section shall be consistent + with the management plan and may include provisions for + financial or other assistance from the United States. + (4) Land management.-- + (A) Zoning ordinances.--For the purposes of the + segments designated in subsection (b), the zoning + ordinances adopted by the towns in Avon, Bloomfield, + Burlington, East Granby, Farmington, Granby, Hartland, + Simsbury, and Windsor in Connecticut, including + provisions for conservation of floodplains, wetlands, + and watercourses associated with the segments, shall be + deemed to satisfy the standards and requirements of + section 6(c) of the Wild and Scenic Rivers Act (16 + U.S.C. 1277(c)). + (B) Acquisition of land.--The provisions of section + 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. + 1277(c)) that prohibit Federal acquisition of lands by + condemnation shall apply to the segments designated in + subsection (b). The authority of the Secretary to + acquire lands for the purposes of the segments + designated in subsection (b) shall be limited to + acquisition by donation or acquisition with the consent + of the owner of the lands, and shall be subject to the + additional criteria set forth in the management plan. + (5) Rainbow dam.--The designation made by subsection (b) + shall not be construed to-- + (A) prohibit, pre-empt, or abridge the potential + future licensing of the Rainbow Dam and Reservoir + (including any and all aspects of its facilities, + operations and transmission lines) by the Federal + Energy Regulatory Commission as a federally licensed + hydroelectric generation project under the Federal + Power Act (16 U.S.C. 791a et seq.), provided that the + Commission may, in the discretion of the Commission and + consistent with this section, establish such reasonable + terms and conditions in a hydropower license for + Rainbow Dam as are necessary to reduce impacts + identified by the Secretary as invading or unreasonably + diminishing the scenic, recreational, and fish and + wildlife values of the segments designated by + subsection (b); or + (B) affect the operation of, or impose any flow or + release requirements on, the unlicensed hydroelectric + facility at Rainbow Dam and Reservoir. + (6) Relation to national park system.--Notwithstanding + section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. + 1281(c)), the Lower Farmington River shall not be administered + as part of the National Park System or be subject to + regulations which govern the National Park System. + (d) Farmington River, Connecticut, Designation Revision.--Section +3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(156)) is +amended in the first sentence-- + (1) by striking ``14-mile'' and inserting ``15.1-mile''; + and + (2) by striking ``to the downstream end of the New + Hartford-Canton, Connecticut town line'' and inserting ``to the + confluence with the Nepaug River''. + +SEC. 1302. WOOD-PAWCATUCK WATERSHED WILD AND SCENIC RIVER SEGMENTS. + + (a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act +(16 U.S.C. 1274(a)) (as amended by section 1301(b)) is amended by +adding at the end the following: + ``(226) Wood-pawcatuck watershed, rhode island and + connecticut.--The following river segments within the Wood- + Pawcatuck watershed, to be administered by the Secretary of the + Interior, in cooperation with the Wood-Pawcatuck Wild and + Scenic Rivers Stewardship Council: + ``(A) The approximately 11-mile segment of the + Beaver River from its headwaters in Exeter and West + Greenwich, Rhode Island, to its confluence with the + Pawcatuck River in Richmond, Rhode Island, as a scenic + river. + ``(B) The approximately 3-mile segment of the + Chipuxet River from the Kingstown Road Bridge, South + Kingstown, Rhode Island, to its outlet in Worden Pond, + as a wild river. + ``(C) The approximately 9-mile segment of the Green + Fall River from its headwaters in Voluntown, + Connecticut, to its confluence with the Ashaway River + in Hopkinton, Rhode Island, as a scenic river. + ``(D) The approximately 3-mile segment of the + Ashaway River from its confluence with the Green Fall + River to its confluence with the Pawcatuck River in + Hopkinton, Rhode Island, as a recreational river. + ``(E) The approximately 3-mile segment of the + Pawcatuck River from the Worden Pond outlet in South + Kingstown, Rhode Island, to the South County Trail + Bridge, Charlestown and South Kingstown, Rhode Island, + as a wild river. + ``(F) The approximately 4-mile segment of the + Pawcatuck River from South County Trail Bridge, + Charlestown and South Kingstown, Rhode Island, to the + Carolina Back Road Bridge in Richmond and Charlestown, + Rhode Island, as a recreational river. + ``(G) The approximately 21-mile segment of the + Pawcatuck River from Carolina Back Road Bridge in + Richmond and Charlestown, Rhode Island, to the + confluence with Shunock River in Stonington, + Connecticut, as a scenic river. + ``(H) The approximately 8-mile segment of the + Pawcatuck River from the confluence with Shunock River + in Stonington, Connecticut, to the mouth of the river + between Pawcatuck Point in Stonington, Connecticut, and + Rhodes Point in Westerly, Rhode Island, as a + recreational river. + ``(I) The approximately 11-mile segment of the + Queen River from its headwaters in Exeter and West + Greenwich, Rhode Island, to the Kingstown Road Bridge + in South Kingstown, Rhode Island, as a scenic river. + ``(J) The approximately 5-mile segment of the + Usquepaugh River from the Kingstown Road Bridge to its + confluence with the Pawcatuck River in South Kingstown, + Rhode Island, as a wild river. + ``(K) The approximately 8-mile segment of the + Shunock River from its headwaters in North Stonington, + Connecticut, to its confluence with the Pawcatuck River + as a recreational river. + ``(L) The approximately 13-mile segment of the Wood + River from its headwaters in Sterling and Voluntown, + Connecticut, and Exeter and West Greenwich, Rhode + Island, to the Arcadia Road Bridge in Hopkinton and + Richmond, Rhode Island, as a wild river. + ``(M) The approximately 11-mile segment of the Wood + River from the Arcadia Road Bridge in Hopkinton and + Richmond, Rhode Island, to the confluence with the + Pawcatuck River in Charlestown, Hopkinton, and + Richmond, Rhode Island, as a recreational river.''. + (b) Management of River Segments.-- + (1) Definitions.--In this subsection: + (A) Covered tributary.--The term ``covered + tributary'' means-- + (i) each of Assekonk Brook, Breakheart + Brook, Brushy Brook, Canochet Brook, + Chickasheen Brook, Cedar Swamp Brook, + Fisherville Brook, Glade Brook, Glen Rock + Brook, Kelly Brook, Locke Brook, Meadow Brook, + Pendleton Brook, Parris Brook, Passquisett + Brook, Phillips Brook, Poquiant Brook, Queens + Fort Brook, Roaring Brook, Sherman Brook, Taney + Brook, Tomaquag Brook, White Brook, and Wyassup + Brook within the Wood-Pawcatuck watershed; and + (ii) any other perennial stream within the + Wood-Pawcatuck watershed. + (B) River segment.--The term ``river segment'' + means a river segment designated by paragraph (226) of + section 3(a) of the Wild and Scenic Rivers Act (16 + U.S.C. 1274(a)) (as added by subsection (a)). + (C) Stewardship plan.--The term ``Stewardship + Plan'' means the plan entitled the ``Wood-Pawcatuck + Wild and Scenic Rivers Stewardship Plan for the Beaver, + Chipuxet, Green Fall-Ashaway, Pawcatuck, Queen- + Usquepaugh, Shunock, and Wood Rivers'' and dated June + 2018, which takes a watershed approach to the + management of the river segments. + (2) Wood-pawcatuck wild and scenic rivers stewardship + plan.-- + (A) In general.--The Secretary, in cooperation with + the Wood-Pawcatuck Wild and Scenic Rivers Stewardship + Council, shall manage the river segments in accordance + with-- + (i) the Stewardship Plan; and + (ii) any amendment to the Stewardship Plan + that the Secretary determines is consistent + with this subsection. + (B) Watershed approach.--In furtherance of the + watershed approach to resource preservation and + enhancement described in the Stewardship Plan, the + covered tributaries are recognized as integral to the + protection and enhancement of the river segments. + (C) Requirements for comprehensive management + plan.--The Stewardship Plan shall be considered to + satisfy each requirement for a comprehensive management + plan required under section 3(d) of the Wild and Scenic + Rivers Act (16 U.S.C. 1274(d)). + (3) Cooperative agreements.--To provide for the long-term + protection, preservation, and enhancement of each river + segment, in accordance with sections 10(e) and 11(b)(1) of the + Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the + Secretary may enter into cooperative agreements (which may + include provisions for financial or other assistance from the + Federal Government) with-- + (A) the States of Connecticut and Rhode Island; + (B) political subdivisions of the States of + Connecticut and Rhode Island, including-- + (i) the towns of North Stonington, + Sterling, Stonington, and Voluntown, + Connecticut; and + (ii) the towns of Charlestown, Exeter, + Hopkinton, North Kingstown, Richmond, South + Kingstown, Westerly, and West Kingstown, Rhode + Island; + (C) the Wood-Pawcatuck Wild and Scenic Rivers + Stewardship Council; and + (D) any appropriate nonprofit organization, as + determined by the Secretary. + (4) Relation to national park system.--Notwithstanding + section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. + 1281(c)), each river segment shall not be-- + (A) administered as a unit of the National Park + System; or + (B) subject to the laws (including regulations) + that govern the administration of the National Park + System. + (5) Land management.-- + (A) Zoning ordinances.--The zoning ordinances + adopted by the towns of North Stonington, Sterling, + Stonington, and Voluntown, Connecticut, and + Charlestown, Exeter, Hopkinton, North Kingstown, + Richmond, South Kingstown, Westerly, and West + Greenwich, Rhode Island (including any provision of the + zoning ordinances relating to the conservation of + floodplains, wetlands, and watercourses associated with + any river segment), shall be considered to satisfy the + standards and requirements described in section 6(c) of + the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). + (B) Villages.--For purposes of section 6(c) of the + Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each + town described in subparagraph (A) shall be considered + to be a village. + (C) Acquisition of land.-- + (i) Limitation of authority of secretary.-- + With respect to each river segment, the + Secretary may only acquire parcels of land-- + (I) by donation; or + (II) with the consent of the owner + of the parcel of land. + (ii) Prohibition relating to the + acquisition of land by condemnation.--In + accordance with 6(c) of the Wild and Scenic + Rivers Act (16 U.S.C. 1277(c)), with respect to + each river segment, the Secretary may not + acquire any parcel of land by condemnation. + +SEC. 1303. NASHUA WILD AND SCENIC RIVERS, MASSACHUSETTS AND NEW + HAMPSHIRE. + + (a) Designation of Wild and Scenic River Segments.--Section 3(a) of +the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by +section 1302(a)) is amended by adding at the end the following: + ``(227) Nashua, squannacook, and nissitissit wild and + scenic rivers, massachusetts and new hampshire.-- + ``(A) The following segments in the Commonwealth of + Massachusetts and State of New Hampshire, to be + administered by the Secretary of the Interior as a + scenic river: + ``(i) The approximately 27-mile segment of + the mainstem of the Nashua River from the + confluence of the North and South Nashua Rivers + in Lancaster, Massachusetts, and extending + north to the Massachusetts-New Hampshire + border, except as provided in subparagraph (B). + ``(ii) The approximately 16.3-mile segment + of the Squannacook River from its headwaters in + Ash Swamp, Townsend, Massachusetts, extending + downstream to the confluence of the river with + the Nashua River in Shirley/Ayer, + Massachusetts, except as provided in + subparagraph (B). + ``(iii) The approximately 9.5-mile segment + of the Nissitissit River from its headwaters in + Brookline, New Hampshire, to the confluence of + the river with the Nashua River in Pepperell, + Massachusetts. + ``(B) Exclusion areas.--The designation of the + river segments in subparagraph (A) shall exclude-- + ``(i) with respect to the Ice House + hydroelectric project (FERC P-12769), from 700 + feet upstream from the crest of the dam to 500 + feet downstream from the crest of the dam; + ``(ii) with respect to the Pepperell + hydroelectric project (FERC P12721), from 9,240 + feet upstream from the crest of the dam to + 1,000 feet downstream from the crest of the + dam; and + ``(iii) with respect to the Hollingsworth + and Vose dam (non-FERC), from 1,200 feet + upstream from the crest of the dam to 2,665 + feet downstream from the crest of the dam.''. + (b) Management.-- + (1) Process.-- + (A) In general.--The river segments designated by + paragraph (227) of section 3(a) of the Wild and Scenic + Rivers Act (16 U.S.C. 1274(a)) (as added by subsection + (a)) shall be managed in accordance with-- + (i) the Nashua, Squannacook, and + Nissitissit Rivers Stewardship Plan developed + pursuant to the study described in section + 5(b)(21) of the Wild and Scenic Rivers Act (16 + U.S.C. 1276(b)(21)) (referred to in this + subsection as the ``management plan''), dated + February 15, 2018; and + (ii) such amendments to the management plan + as the Secretary determines are consistent with + this section and as are approved by the Nashua, + Squannacook, and Nissitissit Rivers Stewardship + Council (referred to in this subsection as the + ``Stewardship Council''). + (B) Comprehensive management plan.--The management + plan shall be considered to satisfy the requirements + for a comprehensive management plan under section 3(d) + of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). + (2) Committee.--The Secretary shall coordinate the + management responsibilities of the Secretary under this section + with the Stewardship Council, as specified in the management + plan. + (3) Cooperative agreements.-- + (A) In general.--In order to provide for the long- + term protection, preservation, and enhancement of the + river segments designated by paragraph (227) of section + 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. + 1274(a)) (as added by subsection (a)), the Secretary + may enter into cooperative agreements pursuant to + sections 10(e) and 11(b)(1) of that Act (16 U.S.C. + 1281(e), 1282(b)(1)) with-- + (i) the Commonwealth of Massachusetts and + the State of New Hampshire; + (ii) the municipalities of-- + (I) Ayer, Bolton, Dunstable, + Groton, Harvard, Lancaster, Pepperell, + Shirley, and Townsend in Massachusetts; + and + (II) Brookline and Hollis in New + Hampshire; and + (iii) appropriate local, regional, State, + or multistate, planning, environmental, or + recreational organizations. + (B) Consistency.--Each cooperative agreement + entered into under this paragraph shall be consistent + with the management plan and may include provisions for + financial or other assistance from the United States. + (4) Effect on working dams.-- + (A) In general.--The designation of the river + segments by paragraph (227) of section 3(a) of the Wild + and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by + subsection (a)), does not-- + (i) impact or alter the existing terms of + permitting, licensing, or operation of-- + (I) the Pepperell hydroelectric + project (FERC Project P-12721, Nashua + River, Pepperell, MA); + (II) the Ice House hydroelectric + project (FERC Project P-12769, Nashua + River, Ayer, MA); or + (III) the Hollingsworth and Vose + Dam (non-FERC industrial facility, + Squannacook River, West Groton, MA) as + further described in the management + plan (Appendix A, ``Working Dams''); or + (ii) preclude the Federal Energy Regulatory + Commission from licensing, relicensing, or + otherwise authorizing the operation or + continued operation of the Pepperell and Ice + House hydroelectric projects under the terms of + licenses or exemptions in effect on the date of + enactment of this Act; or + (iii) limit actions taken to modernize, + upgrade, or carry out other changes to such + projects authorized pursuant to clause (i), + subject to written determination by the + Secretary that the changes are consistent with + the purposes of the designation. + (5) Land management.-- + (A) Zoning ordinances.--For the purpose of the + segments designated by paragraph (227) of section 3(a) + of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) + (as added by subsection (a)), the zoning ordinances + adopted by the municipalities described in paragraph + (3)(A)(ii), including provisions for conservation of + floodplains, wetlands, and watercourses associated with + the segments, shall be deemed to satisfy the standards + and requirements of section 6(c) of the Wild and Scenic + Rivers Act (16 U.S.C. 1277(c)). + (B) Acquisitions of lands.--The authority of the + Secretary to acquire land for the purposes of the + segments designated by paragraph (227) of section 3(a) + of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) + (as added by subsection (a)) shall be-- + (i) limited to acquisition by donation or + acquisition with the consent of the owner of + the land; and + (ii) subject to the additional criteria set + forth in the management plan. + (C) No condemnation.--No land or interest in land + within the boundary of the river segments designated by + paragraph (227) of section 3(a) of the Wild and Scenic + Rivers Act (16 U.S.C. 1274(a)) (as added by subsection + (a)) may be acquired by condemnation. + (6) Relation to the national park system.--Notwithstanding + section 10(c) of the Wild and Scenic Rivers Act(16 U.S.C. + 1281(c)), each segment of the Nashua, Squannacook, and + Nissitissit Rivers designated as a component of the Wild and + Scenic Rivers System under this section shall not-- + (A) be administered as a unit of the National Park + System; or + (B) be subject to regulations that govern the + National Park System. + + Subtitle E--California Desert Protection and Recreation + +SEC. 1401. DEFINITIONS. + + In this subtitle: + (1) Conservation area.--The term ``Conservation Area'' + means the California Desert Conservation Area. + (2) Secretary.--The term ``Secretary'' means-- + (A) the Secretary, with respect to land + administered by the Department of the Interior; or + (B) the Secretary of Agriculture, with respect to + National Forest System land. + (3) State.--The term ``State'' means the State of + California. + +PART I--DESIGNATION OF WILDERNESS IN THE CALIFORNIA DESERT CONSERVATION + AREA + +SEC. 1411. CALIFORNIA DESERT CONSERVATION AND RECREATION. + + (a) Designation of Wilderness Areas to Be Administered by the +Bureau of Land Management.--Section 102 of the California Desert +Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108 +Stat. 4472) is amended by adding at the end the following: + ``(70) Avawatz mountains wilderness.--Certain land in the + California Desert Conservation Area administered by the + Director of the Bureau of Land Management, comprising + approximately 89,500 acres, as generally depicted on the map + entitled `Proposed Avawatz Mountains Wilderness' and dated + November 7, 2018, to be known as the `Avawatz Mountains + Wilderness'. + ``(71) Great falls basin wilderness.--Certain land in the + California Desert Conservation Area administered by the + Director of the Bureau of Land Management, comprising + approximately 7,810 acres, as generally depicted on the map + entitled `Proposed Great Falls Basin Wilderness' and dated + November 7, 2018, to be known as the `Great Falls Basin + Wilderness'. + ``(72) Soda mountains wilderness.--Certain land in the + California Desert Conservation Area, administered by the Bureau + of Land Management, comprising approximately 80,090 acres, as + generally depicted on the map entitled `Proposed Soda Mountains + Wilderness' and dated November 7, 2018, to be known as the + `Soda Mountains Wilderness'. + ``(73) Milpitas wash wilderness.--Certain land in the + California Desert Conservation Area, administered by the Bureau + of Land Management, comprising approximately 17,250 acres, + depicted as `Proposed Milpitas Wash Wilderness' on the map + entitled `Proposed Vinagre Wash Special Management Area and + Proposed Wilderness' and dated December 4, 2018, to be known as + the `Milpitas Wash Wilderness'. + ``(74) Buzzards peak wilderness.--Certain land in the + California Desert Conservation Area, administered by the Bureau + of Land Management, comprising approximately 11,840 acres, + depicted as `Proposed Buzzards Peak Wilderness' on the map + entitled `Proposed Vinagre Wash Special Management Area and + Proposed Wilderness' and dated December 4, 2018, to be known as + the `Buzzards Peak Wilderness'.''. + (b) Additions to Existing Wilderness Areas Administered by the +Bureau of Land Management.--In furtherance of the purposes of the +Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the +State is designated as wilderness and as components of the National +Wilderness Preservation System: + (1) Golden valley wilderness.--Certain land in the + Conservation Area administered by the Director of the Bureau of + Land Management, comprising approximately 1,250 acres, as + generally depicted on the map entitled ``Proposed Golden Valley + Wilderness Addition'' and dated November 7, 2018, which shall + be added to and administered as part of the ``Golden Valley + Wilderness''. + (2) Kingston range wilderness.--Certain land in the + Conservation Area administered by the Director of the Bureau of + Land Management, comprising approximately 52,410 acres, as + generally depicted on the map entitled ``Proposed Kingston + Range Wilderness Additions'' and dated November 7, 2018, which + shall be added to and administered as part of the ``Kingston + Range Wilderness''. + (3) Palo verde mountains wilderness.--Certain land in the + Conservation Area administered by the Director of the Bureau of + Land Management, comprising approximately 9,350 acres, depicted + as ``Proposed Palo Verde Mountains Wilderness Additions'' on + the map entitled ``Proposed Vinagre Wash Special Management + Area and Proposed Wilderness'' and dated December 4, 2018, + which shall be added to and administered as part of the ``Palo + Verde Mountains Wilderness''. + (4) Indian pass mountains wilderness.--Certain land in the + Conservation Area administered by the Director of the Bureau of + Land Management, comprising approximately 10,860 acres, + depicted as ``Proposed Indian Pass Wilderness Additions'' on + the map entitled ``Proposed Vinagre Wash Special Management + Area and Proposed Wilderness'' and dated December 4, 2018, + which shall be added to and administered as part of the + ``Indian Pass Mountains Wilderness''. + (c) Designation of Wilderness Areas to Be Administered by the +National Park Service.--In furtherance of the purposes of the +Wilderness Act (16 U.S.C. 1131 et seq.) the following land in Death +Valley National Park is designated as wilderness and as a component of +the National Wilderness Preservation System, which shall be added to, +and administered as part of the Death Valley National Park Wilderness +established by section 601(a)(1) of the California Desert Protection +Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108 Stat. 4496): + (1) Death valley national park wilderness additions-north + eureka valley.--Approximately 11,496 acres, as generally + depicted on the map entitled ``Death Valley National Park + Proposed Wilderness Area-North Eureka Valley'', numbered 143/ + 100,082D, and dated November 1, 2018. + (2) Death valley national park wilderness additions-ibex.-- + Approximately 23,650 acres, as generally depicted on the map + entitled ``Death Valley National Park Proposed Wilderness Area- + Ibex'', numbered 143/100,081D, and dated November 1, 2018. + (3) Death valley national park wilderness additions- + panamint valley.--Approximately 4,807 acres, as generally + depicted on the map entitled ``Death Valley National Park + Proposed Wilderness Area-Panamint Valley'', numbered 143/ + 100,083D, and dated November 1, 2018. + (4) Death valley national park wilderness additions-warm + springs.--Approximately 10,485 acres, as generally depicted on + the map entitled ``Death Valley National Park Proposed + Wilderness Area-Warm Spring Canyon/Galena Canyon'', numbered + 143/100,084D, and dated November 1, 2018. + (5) Death valley national park wilderness additions-axe + head.--Approximately 8,638 acres, as generally depicted on the + map entitled ``Death Valley National Park Proposed Wilderness + Area-Axe Head'', numbered 143/100,085D, and dated November 1, + 2018. + (6) Death valley national park wilderness additions-bowling + alley.--Approximately 28,923 acres, as generally depicted on + the map entitled ``Death Valley National Park Proposed + Wilderness Area-Bowling Alley'', numbered 143/128,606A, and + dated November 1, 2018. + (d) Additions to Existing Wilderness Area Administered by the +Forest Service.-- + (1) In general.--In furtherance of the purposes of the + Wilderness Act (16 U.S.C. 1131 et seq.), the land described in + paragraph (2)-- + (A) is designated as wilderness and as a component + of the National Wilderness Preservation System; and + (B) shall be added to and administered as part of + the San Gorgonio Wilderness established by the + Wilderness Act (16 U.S.C. 1131 et seq.). + (2) Description of land.--The land referred to in paragraph + (1) is certain land in the San Bernardino National Forest, + comprising approximately 7,141 acres, as generally depicted on + the map entitled ``San Gorgonio Wilderness Additions-- + Proposed'' and dated November 7, 2018. + (3) Fire management and related activities.-- + (A) In general.--The Secretary may carry out such + activities in the wilderness area designated by + paragraph (1) as are necessary for the control of fire, + insects, and disease, in accordance with section + 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) + and House Report 98-40 of the 98th Congress. + (B) Funding priorities.--Nothing in this subsection + limits the provision of any funding for fire or fuel + management in the wilderness area designated by + paragraph (1). + (C) Revision and development of local fire + management plans.--As soon as practicable after the + date of enactment of this Act, the Secretary shall + amend the local fire management plans that apply to the + wilderness area designated by paragraph (1). + (D) Administration.--In accordance with + subparagraph (A) and other applicable Federal law, to + ensure a timely and efficient response to fire + emergencies in the wilderness area designated by + paragraph (1), the Secretary shall-- + (i) not later than 1 year after the date of + enactment of this Act, establish agency + approval procedures (including appropriate + delegations of authority to the Forest + Supervisor, District Manager, or other agency + officials) for responding to fire emergencies + in the wilderness area designated by paragraph + (1); and + (ii) enter into agreements with appropriate + State or local firefighting agencies relating + to the wilderness area. + (e) Effect on Utility Facilities and Rights-of-way.--Nothing in +this section or an amendment made by this section affects or precludes +the renewal or reauthorization of any valid existing right-of-way or +customary operation, maintenance, repair, upgrading, or replacement +activities in a right-of-way acquired by or issued, granted, or +permitted to the Southern California Edison Company or successors or +assigns of the Southern California Edison Company. + (f) Release of Wilderness Study Areas.-- + (1) Finding.--Congress finds that, for purposes of section + 603 of the Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1782), any portion of a wilderness study area described + in paragraph (2) that is not designated as a wilderness area or + a wilderness addition by this subtitle (including an amendment + made by this subtitle) or any other Act enacted before the date + of enactment of this Act has been adequately studied for + wilderness designation. + (2) Description of study areas.--The study areas referred + to in subsection (a) are-- + (A) the Cady Mountains Wilderness Study Area; + (B) the Soda Mountains Wilderness Study Area; + (C) the Kingston Range Wilderness Study Area; + (D) the Avawatz Mountain Wilderness Study Area; + (E) the Death Valley 17 Wilderness Study Area; and + (F) the Great Falls Basin Wilderness Study Area. + (3) Release.--The following are no longer subject to + section 603(c) of the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1782(c)): + (A) Any portion of a wilderness study area + described in paragraph (2) that is not designated as a + wilderness area or a wilderness addition by this + subtitle (including an amendment made by this subtitle) + or any other Act enacted before the date of enactment + of this Act. + (B) Any portion of a wilderness study area + described in paragraph (2) that is not transferred to + the administrative jurisdiction of the National Park + Service for inclusion in a unit of the National Park + System by this subtitle (including an amendment made by + this subtitle) or any other Act enacted before the date + of enactment of this Act. + + PART II--DESIGNATION OF SPECIAL MANAGEMENT AREA + +SEC. 1421. VINAGRE WASH SPECIAL MANAGEMENT AREA. + + Title I of the California Desert Protection Act of 1994 (16 U.S.C. +1132 note; Public Law 103-433; 108 Stat. 4472) is amended by adding at +the end the following: + +``SEC. 109. VINAGRE WASH SPECIAL MANAGEMENT AREA. + + ``(a) Definitions.--In this section: + ``(1) Management area.--The term `Management Area' means + the Vinagre Wash Special Management Area established by + subsection (b). + ``(2) Map.--The term `map' means the map entitled `Proposed + Vinagre Wash Special Management Area and Proposed Wilderness' + and dated December 4, 2018. + ``(3) Public land.--The term `public land' has the meaning + given the term `public lands' in section 103 of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1702). + ``(4) State.--The term `State' means the State of + California. + ``(b) Establishment.--There is established the Vinagre Wash Special +Management Area in the State, to be managed by the Secretary. + ``(c) Purpose.--The purpose of the Management Area is to conserve, +protect, and enhance-- + ``(1) the plant and wildlife values of the Management Area; + and + ``(2) the outstanding and nationally significant + ecological, geological, scenic, recreational, archaeological, + cultural, historic, and other resources of the Management Area. + ``(d) Boundaries.--The Management Area shall consist of the public +land in Imperial County, California, comprising approximately 81,880 +acres, as generally depicted on the map as `Proposed Special Management +Area'. + ``(e) Map; Legal Description.-- + ``(1) In general.--As soon as practicable, but not later + than 3 years, after the date of enactment of this section, the + Secretary shall submit a map and legal description of the + Management Area to-- + ``(A) the Committee on Natural Resources of the + House of Representatives; and + ``(B) the Committee on Energy and Natural Resources + of the Senate. + ``(2) Effect.--The map and legal description submitted + under paragraph (1) shall have the same force and effect as if + included in this section, except that the Secretary may correct + any errors in the map and legal description. + ``(3) Availability.--Copies of the map submitted under + paragraph (1) shall be on file and available for public + inspection in the appropriate offices of the Bureau of Land + Management. + ``(f) Management.-- + ``(1) In general.--The Secretary shall manage the + Management Area-- + ``(A) in a manner that conserves, protects, and + enhances the purposes for which the Management Area is + established; and + ``(B) in accordance with-- + ``(i) this section; + ``(ii) the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1701 et + seq.); and + ``(iii) other applicable laws. + ``(2) Uses.--The Secretary shall allow only those uses that + are consistent with the purposes of the Management Area, + including hiking, camping, hunting, and sightseeing and the use + of motorized vehicles, mountain bikes, and horses on designated + routes in the Management Area in a manner that-- + ``(A) is consistent with the purpose of the + Management Area described in subsection (c); + ``(B) ensures public health and safety; and + ``(C) is consistent with all applicable laws + (including regulations), including the Desert Renewable + Energy Conservation Plan. + ``(3) Off-highway vehicle use.-- + ``(A) In general.--Subject to subparagraphs (B) and + (C) and all other applicable laws, the use of off- + highway vehicles shall be permitted on routes in the + Management Area as generally depicted on the map. + ``(B) Closure.--The Secretary may close or + permanently reroute a portion of a route described in + subparagraph (A)-- + ``(i) to prevent, or allow for restoration + of, resource damage; + ``(ii) to protect Tribal cultural + resources, including the resources identified + in the Tribal cultural resources management + plan developed under section 705(d); + ``(iii) to address public safety concerns; + or + ``(iv) as otherwise required by law. + ``(C) Designation of additional routes.--During the + 3-year period beginning on the date of enactment of + this section, the Secretary-- + ``(i) shall accept petitions from the + public regarding additional routes for off- + highway vehicles; and + ``(ii) may designate additional routes that + the Secretary determines-- + ``(I) would provide significant or + unique recreational opportunities; and + ``(II) are consistent with the + purposes of the Management Area. + ``(4) Withdrawal.--Subject to valid existing rights, all + Federal land within the Management Area is withdrawn from-- + ``(A) all forms of entry, appropriation, or + disposal under the public land laws; + ``(B) location, entry, and patent under the mining + laws; and + ``(C) right-of-way, leasing, or disposition under + all laws relating to-- + ``(i) minerals and mineral materials; or + ``(ii) solar, wind, and geothermal energy. + ``(5) No buffer zone.--The establishment of the Management + Area shall not-- + ``(A) create a protective perimeter or buffer zone + around the Management Area; or + ``(B) preclude uses or activities outside the + Management Area that are permitted under other + applicable laws, even if the uses or activities are + prohibited within the Management Area. + ``(6) Notice of available routes.--The Secretary shall + ensure that visitors to the Management Area have access to + adequate notice relating to the availability of designated + routes in the Management Area through-- + ``(A) the placement of appropriate signage along + the designated routes; + ``(B) the distribution of maps, safety education + materials, and other information that the Secretary + determines to be appropriate; and + ``(C) restoration of areas that are not designated + as open routes, including vertical mulching. + ``(7) Stewardship.--The Secretary, in consultation with + Indian Tribes and other interests, shall develop a program to + provide opportunities for monitoring and stewardship of the + Management Area to minimize environmental impacts and prevent + resource damage from recreational use, including volunteer + assistance with-- + ``(A) route signage; + ``(B) restoration of closed routes; + ``(C) protection of Management Area resources; and + ``(D) recreation education. + ``(8) Protection of tribal cultural resources.--Not later + than 2 years after the date of enactment of this section, the + Secretary, in accordance with chapter 2003 of title 54, United + States Code, and any other applicable law, shall-- + ``(A) prepare and complete a Tribal cultural + resources survey of the Management Area; and + ``(B) consult with the Quechan Indian Nation and + other Indian Tribes demonstrating ancestral, cultural, + or other ties to the resources within the Management + Area on the development and implementation of the + Tribal cultural resources survey under subparagraph + (A). + ``(9) Military use.--The Secretary may authorize use of the + non-wilderness portion of the Management Area by the Secretary + of the Navy for Naval Special Warfare Tactical Training, + including long-range small unit training and navigation, + vehicle concealment, and vehicle sustainment training, + consistent with this section and other applicable laws.''. + + PART III--NATIONAL PARK SYSTEM ADDITIONS + +SEC. 1431. DEATH VALLEY NATIONAL PARK BOUNDARY REVISION. + + (a) In General.--The boundary of Death Valley National Park is +adjusted to include-- + (1) the approximately 28,923 acres of Bureau of Land + Management land in San Bernardino County, California, abutting + the southern end of the Death Valley National Park that lies + between Death Valley National Park to the north and Ft. Irwin + Military Reservation to the south and which runs approximately + 34 miles from west to east, as depicted on the map entitled + ``Death Valley National Park Proposed Boundary Addition-Bowling + Alley'', numbered 143/128,605A, and dated November 1, 2018; and + (2) the approximately 6,369 acres of Bureau of Land + Management land in Inyo County, California, located in the + northeast area of Death Valley National Park that is within, + and surrounded by, land under the jurisdiction of the Director + of the National Park Service, as depicted on the map entitled + ``Death Valley National Park Proposed Boundary Addition- + Crater'', numbered 143/100,079D, and dated November 1, 2018. + (b) Availability of Map.--The maps described in paragraphs (1) and +(2) of subsection (a) shall be on file and available for public +inspection in the appropriate offices of the National Park Service. + (c) Administration.--The Secretary-- + (1) shall administer any land added to Death Valley + National Park under subsection (a)-- + (A) as part of Death Valley National Park; and + (B) in accordance with applicable laws (including + regulations); and + (2) may enter into a memorandum of understanding with Inyo + County, California, to permit operationally feasible, ongoing + access to and use (including material storage and excavation) + of existing gravel pits along Saline Valley Road within Death + Valley National Park for road maintenance and repairs in + accordance with applicable laws (including regulations). + (d) Mormon Peak Microwave Facility.--Title VI of the California +Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; +108 Stat. 4496) is amended by adding at the end the following: + +``SEC. 604. MORMON PEAK MICROWAVE FACILITY. + + ``The designation of the Death Valley National Park Wilderness by +section 601(a)(1) shall not preclude the operation and maintenance of +the Mormon Peak Microwave Facility.''. + +SEC. 1432. MOJAVE NATIONAL PRESERVE. + + The boundary of the Mojave National Preserve is adjusted to include +the 25 acres of Bureau of Land Management land in Baker, California, as +depicted on the map entitled ``Mojave National Preserve Proposed +Boundary Addition'', numbered 170/100,199A, and dated November 1, 2018. + +SEC. 1433. JOSHUA TREE NATIONAL PARK. + + (a) Boundary Adjustment.--The boundary of the Joshua Tree National +Park is adjusted to include-- + (1) the approximately 2,879 acres of land managed by the + Bureau of Land Management that are depicted as ``BLM Proposed + Boundary Addition'' on the map entitled ``Joshua Tree National + Park Proposed Boundary Additions'', numbered 156/149,375, and + dated November 1, 2018; and + (2) the approximately 1,639 acres of land that are depicted + as ``MDLT Proposed Boundary Addition'' on the map entitled + ``Joshua Tree National Park Proposed Boundary Additions'', + numbered 156/149,375, and dated November 1, 2018. + (b) Availability of Maps.--The map described in subsection (a) and +the map depicting the 25 acres described in subsection (c)(2) shall be +on file and available for public inspection in the appropriate offices +of the National Park Service. + (c) Administration.-- + (1) In general.--The Secretary shall administer any land + added to the Joshua Tree National Park under subsection (a) and + the additional land described in paragraph (2)-- + (A) as part of Joshua Tree National Park; and + (B) in accordance with applicable laws (including + regulations). + (2) Description of additional land.--The additional land + referred to in paragraph (1) is the 25 acres of land-- + (A) depicted on the map entitled ``Joshua Tree + National Park Boundary Adjustment Map'', numbered 156/ + 80,049, and dated April 1, 2003; + (B) added to Joshua Tree National Park by the + notice of the Department of the Interior of August 28, + 2003 (68 Fed. Reg. 51799); and + (C) more particularly described as lots 26, 27, 28, + 33, and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino + Meridian. + (d) Southern California Edison Company Energy Transport Facilities +and Rights-of-way.-- + (1) In general.--Nothing in this section affects any valid + right-of-way for the customary operation, maintenance, upgrade, + repair, relocation within an existing right-of-way, + replacement, or other authorized energy transport facility + activities in a right-of-way issued, granted, or permitted to + the Southern California Edison Company or the successors or + assigns of the Southern California Edison Company that is + located on land described in paragraphs (1) and (2) of + subsection (a), including, at a minimum, the use of mechanized + vehicles, helicopters, or other aerial devices. + (2) Upgrades and replacements.--Nothing in this section + prohibits the upgrading or replacement of-- + (A) Southern California Edison Company energy + transport facilities, including the energy transport + facilities referred to as the Jellystone, Burnt + Mountain, Whitehorn, Allegra, and Utah distribution + circuits rights-of-way; or + (B) an energy transport facility in rights-of-way + issued, granted, or permitted by the Secretary adjacent + to Southern California Edison Joshua Tree Utility + Facilities. + (3) Publication of plans.--Not later than the date that is + 1 year after the date of enactment of this Act or the issuance + of a new energy transport facility right-of-way within the + Joshua Tree National Park, whichever is earlier, the Secretary, + in consultation with the Southern California Edison Company, + shall publish plans for regular and emergency access by the + Southern California Edison Company to the rights-of-way of the + Southern California Edison Company within Joshua Tree National + Park. + (e) Visitor Center.--Title IV of the California Desert Protection +Act of 1994 (16 U.S.C. 410aaa-21 et seq.) is amended by adding at the +end the following: + +``SEC. 408. VISITOR CENTER. + + ``(a) In General.--The Secretary may acquire not more than 5 acres +of land and interests in land, and improvements on the land and +interests, outside the boundaries of the park, in the unincorporated +village of Joshua Tree, for the purpose of operating a visitor center. + ``(b) Boundary.--The Secretary shall modify the boundary of the +park to include the land acquired under this section as a noncontiguous +parcel. + ``(c) Administration.--Land and facilities acquired under this +section-- + ``(1) may include the property owned (as of the date of + enactment of this section) by the Joshua Tree National Park + Association and commonly referred to as the `Joshua Tree + National Park Visitor Center'; + ``(2) shall be administered by the Secretary as part of the + park; and + ``(3) may be acquired only with the consent of the owner, + by donation, purchase with donated or appropriated funds, or + exchange.''. + + PART IV--OFF-HIGHWAY VEHICLE RECREATION AREAS + +SEC. 1441. OFF-HIGHWAY VEHICLE RECREATION AREAS. + + Public Law 103-433 is amended by inserting after title XII (16 +U.S.C. 410bbb et seq.) the following: + + ``TITLE XIII--OFF-HIGHWAY VEHICLE RECREATION AREAS + +``SEC. 1301. DESIGNATION OF OFF-HIGHWAY VEHICLE RECREATION AREAS. + + ``(a) In General.-- + ``(1) Designation.--In accordance with the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and + resource management plans developed under this title and + subject to valid rights, the following land within the + Conservation Area in San Bernardino County, California, is + designated as Off-Highway Vehicle Recreation Areas: + ``(A) Dumont dunes off-highway vehicle recreation + area.--Certain Bureau of Land Management land in the + Conservation Area, comprising approximately 7,620 + acres, as generally depicted on the map entitled + `Proposed Dumont Dunes OHV Recreation Area' and dated + November 7, 2018, which shall be known as the `Dumont + Dunes Off-Highway Vehicle Recreation Area'. + ``(B) El mirage off-highway vehicle recreation + area.--Certain Bureau of Land Management land in the + Conservation Area, comprising approximately 16,370 + acres, as generally depicted on the map entitled + `Proposed El Mirage OHV Recreation Area' and dated + December 10, 2018, which shall be known as the `El + Mirage Off-Highway Vehicle Recreation Area'. + ``(C) Rasor off-highway vehicle recreation area.-- + Certain Bureau of Land Management land in the + Conservation Area, comprising approximately 23,900 + acres, as generally depicted on the map entitled + `Proposed Rasor OHV Recreation Area' and dated November + 7, 2018, which shall be known as the `Rasor Off-Highway + Vehicle Recreation Area'. + ``(D) Spangler hills off-highway vehicle recreation + area.--Certain Bureau of Land Management land in the + Conservation Area, comprising approximately 92,340 + acres, as generally depicted on the map entitled + `Proposed Spangler Hills OHV Recreation Area' and dated + December 10, 2018, which shall be known as the + `Spangler Hills Off-Highway Vehicle Recreation Area'. + ``(E) Stoddard valley off-highway vehicle + recreation area.--Certain Bureau of Land Management + land in the Conservation Area, comprising approximately + 40,110 acres, as generally depicted on the map entitled + `Proposed Stoddard Valley OHV Recreation Area' and + dated November 7, 2018, which shall be known as the + `Stoddard Valley Off-Highway Vehicle Recreation Area'. + ``(2) Expansion of johnson valley off-highway vehicle + recreation area.--The Johnson Valley Off-Highway Vehicle + Recreation Area designated by section 2945 of the Military + Construction Authorization Act for Fiscal Year 2014 (division B + of Public Law 113-66; 127 Stat. 1038) is expanded to include + approximately 20,240 acres, depicted as `Proposed OHV + Recreation Area Additions' and `Proposed OHV Recreation Area + Study Areas' on the map entitled `Proposed Johnson Valley OHV + Recreation Area' and dated November 7, 2018. + ``(b) Purpose.--The purpose of the off-highway vehicle recreation +areas designated or expanded under subsection (a) is to preserve and +enhance the recreational opportunities within the Conservation Area +(including opportunities for off-highway vehicle recreation), while +conserving the wildlife and other natural resource values of the +Conservation Area. + ``(c) Maps and Descriptions.-- + ``(1) Preparation and submission.--As soon as practicable + after the date of enactment of this title, the Secretary shall + file a map and legal description of each off-highway vehicle + recreation area designated or expanded by subsection (a) with-- + ``(A) the Committee on Natural Resources of the + House of Representatives; and + ``(B) the Committee on Energy and Natural Resources + of the Senate. + ``(2) Legal effect.--The map and legal descriptions of the + off-highway vehicle recreation areas filed under paragraph (1) + shall have the same force and effect as if included in this + title, except that the Secretary may correct errors in the map + and legal descriptions. + ``(3) Public availability.--Each map and legal description + filed under paragraph (1) shall be filed and made available for + public inspection in the appropriate offices of the Bureau of + Land Management. + ``(d) Use of the Land.-- + ``(1) Recreational activities.-- + ``(A) In general.--The Secretary shall continue to + authorize, maintain, and enhance the recreational uses + of the off-highway vehicle recreation areas designated + or expanded by subsection (a), as long as the + recreational use is consistent with this section and + any other applicable law. + ``(B) Off-highway vehicle and off-highway + recreation.--To the extent consistent with applicable + Federal law (including regulations) and this section, + any authorized recreation activities and use + designations in effect on the date of enactment of this + title and applicable to the off-highway vehicle + recreation areas designated or expanded by subsection + (a) shall continue, including casual off-highway + vehicular use, racing, competitive events, rock + crawling, training, and other forms of off-highway + recreation. + ``(2) Wildlife guzzlers.--Wildlife guzzlers shall be + allowed in the off-highway vehicle recreation areas designated + or expanded by subsection (a) in accordance with-- + ``(A) applicable Bureau of Land Management + guidelines; and + ``(B) State law. + ``(3) Prohibited uses.-- + ``(A) In general.--Except as provided in + subparagraph (B), commercial development (including + development of energy facilities, but excluding energy + transport facilities, rights-of-way, and related + telecommunication facilities) shall be prohibited in + the off-highway vehicle recreation areas designated or + expanded by subsection (a) if the Secretary determines + that the development is incompatible with the purpose + described in subsection (b). + ``(B) Exception.--The Secretary may issue a + temporary permit to a commercial vendor to provide + accessories and other support for off-highway vehicle + use in an off-highway vehicle recreation area + designated or expanded by subsection (a) for a limited + period and consistent with the purposes of the off- + highway vehicle recreation area and applicable laws. + ``(e) Administration.-- + ``(1) In general.--The Secretary shall administer the off- + highway vehicle recreation areas designated or expanded by + subsection (a) in accordance with-- + ``(A) this title; + ``(B) the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1701 et seq.); and + ``(C) any other applicable laws (including + regulations). + ``(2) Management plan.-- + ``(A) In general.--As soon as practicable, but not + later than 3 years after the date of enactment of this + title, the Secretary shall-- + ``(i) amend existing resource management + plans applicable to the off-highway vehicle + recreation areas designated or expanded by + subsection (a); or + ``(ii) develop new management plans for + each off-highway vehicle recreation area + designated or expanded under that subsection. + ``(B) Requirements.--All new or amended plans under + subparagraph (A) shall be designed to preserve and + enhance safe off-highway vehicle and other recreational + opportunities within the applicable recreation area + consistent with-- + ``(i) the purpose described in subsection + (b); and + ``(ii) any applicable laws (including + regulations). + ``(C) Interim plans.--Pending completion of a new + management plan under subparagraph (A), the existing + resource management plans shall govern the use of the + applicable off-highway vehicle recreation area. + ``(f) Withdrawal.--Subject to valid existing rights, all Federal +land within the off-highway vehicle recreation areas designated or +expanded by subsection (a) is withdrawn from-- + ``(1) all forms of entry, appropriation, or disposal under + the public land laws; + ``(2) location, entry, and patent under the mining laws; + and + ``(3) right-of-way, leasing, or disposition under all laws + relating to mineral leasing, geothermal leasing, or mineral + materials. + ``(g) Southern California Edison Company Utility Facilities and +Rights-of-way.-- + ``(1) Effect of title.--Nothing in this title-- + ``(A) affects any validly issued right-of-way for + the customary operation, maintenance, upgrade, repair, + relocation within an existing right-of-way, + replacement, or other authorized energy transport + facility activities (including the use of any + mechanized vehicle, helicopter, and other aerial + device) in a right-of-way acquired by or issued, + granted, or permitted to Southern California Edison + Company (including any successor in interest or assign) + that is located on land included in-- + ``(i) the El Mirage Off-Highway Vehicle + Recreation Area; + ``(ii) the Spangler Hills Off-Highway + Vehicle Recreation Area; + ``(iii) the Stoddard Valley Off-Highway + Vehicle Recreation Area; or + ``(iv) the Johnson Valley Off-Highway + Vehicle Recreation Area; + ``(B) affects the application, siting, route + selection, right-of-way acquisition, or construction of + the Coolwater-Lugo transmission project, as may be + approved by the California Public Utilities Commission + and the Bureau of Land Management; or + ``(C) prohibits the upgrading or replacement of any + Southern California Edison Company-- + ``(i) utility facility, including such a + utility facility known on the date of enactment + of this title as-- + ``(I) `Gale-PS 512 transmission + lines or rights-of-way'; + ``(II) `Patio, Jack Ranch, and + Kenworth distribution circuits or + rights-of-way'; or + ``(III) `Bessemer and Peacor + distribution circuits or rights-of- + way'; or + ``(ii) energy transport facility in a + right-of-way issued, granted, or permitted by + the Secretary adjacent to a utility facility + referred to in clause (i). + ``(2) Plans for access.--The Secretary, in consultation + with the Southern California Edison Company, shall publish + plans for regular and emergency access by the Southern + California Edison Company to the rights-of-way of the Company + by the date that is 1 year after the later of-- + ``(A) the date of enactment of this title; and + ``(B) the date of issuance of a new energy + transport facility right-of-way within-- + ``(i) the El Mirage Off-Highway Vehicle + Recreation Area; + ``(ii) the Spangler Hills Off-Highway + Vehicle Recreation Area; + ``(iii) the Stoddard Valley Off-Highway + Vehicle Recreation Area; or + ``(iv) the Johnson Valley Off-Highway + Vehicle Recreation Area. + ``(h) Pacific Gas and Electric Company Utility Facilities and +Rights-of-way.-- + ``(1) Effect of title.--Nothing in this title-- + ``(A) affects any validly issued right-of-way for + the customary operation, maintenance, upgrade, repair, + relocation within an existing right-of-way, + replacement, or other authorized activity (including + the use of any mechanized vehicle, helicopter, and + other aerial device) in a right-of-way acquired by or + issued, granted, or permitted to Pacific Gas and + Electric Company (including any successor in interest + or assign) that is located on land included in the + Spangler Hills Off-Highway Vehicle Recreation Area; or + ``(B) prohibits the upgrading or replacement of + any-- + ``(i) utility facilities of the Pacific Gas + and Electric Company, including those utility + facilities known on the date of enactment of + this title as-- + ``(I) `Gas Transmission Line 311 or + rights-of-way'; or + ``(II) `Gas Transmission Line 372 + or rights-of-way'; or + ``(ii) utility facilities of the Pacific + Gas and Electric Company in rights-of-way + issued, granted, or permitted by the Secretary + adjacent to a utility facility referred to in + clause (i). + ``(2) Plans for access.--Not later than 1 year after the + date of enactment of this title or the issuance of a new + utility facility right-of-way within the Spangler Hills Off- + Highway Vehicle Recreation Area, whichever is later, the + Secretary, in consultation with the Pacific Gas and Electric + Company, shall publish plans for regular and emergency access + by the Pacific Gas and Electric Company to the rights-of-way of + the Pacific Gas and Electric Company. + + ``TITLE XIV--ALABAMA HILLS NATIONAL SCENIC AREA + +``SEC. 1401. DEFINITIONS. + + ``In this title: + ``(1) Management plan.--The term `management plan' means + the management plan for the Scenic Area developed under section + 1403(a). + ``(2) Map.--The term `Map' means the map entitled `Proposed + Alabama Hills National Scenic Area' and dated November 7, 2018. + ``(3) Motorized vehicle.--The term `motorized vehicle' + means a motorized or mechanized vehicle and includes, when used + by a utility, mechanized equipment, a helicopter, and any other + aerial device necessary to maintain electrical or + communications infrastructure. + ``(4) Scenic area.--The term `Scenic Area' means the + Alabama Hills National Scenic Area established by section + 1402(a). + ``(5) State.--The term `State' means the State of + California. + ``(6) Tribe.--The term `Tribe' means the Lone Pine Paiute- + Shoshone Tribe. + +``SEC. 1402. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA. + + ``(a) Establishment.--Subject to valid existing rights, there is +established in Inyo County, California, the Alabama Hills National +Scenic Area, to be comprised of the approximately 18,610 acres +generally depicted on the Map as `National Scenic Area'. + ``(b) Purpose.--The purpose of the Scenic Area is to conserve, +protect, and enhance for the benefit, use, and enjoyment of present and +future generations the nationally significant scenic, cultural, +geological, educational, biological, historical, recreational, +cinematographic, and scientific resources of the Scenic Area managed +consistent with section 302(a) of the Federal Land Policy and +Management Act of 1976 (43 U.S.C. 1732(a)). + ``(c) Map; Legal Descriptions.-- + ``(1) In general.--As soon as practicable after the date of + enactment of this title, the Secretary shall file a map and a + legal description of the Scenic Area with-- + ``(A) the Committee on Energy and Natural Resources + of the Senate; and + ``(B) the Committee on Natural Resources of the + House of Representatives. + ``(2) Force of law.--The map and legal descriptions filed + under paragraph (1) shall have the same force and effect as if + included in this title, except that the Secretary may correct + any clerical and typographical errors in the map and legal + descriptions. + ``(3) Public availability.--Each map and legal description + filed under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service and the Bureau of Land Management. + ``(d) Administration.--The Secretary shall manage the Scenic Area-- + ``(1) as a component of the National Landscape Conservation + System; + ``(2) so as not to impact the future continuing operation + and maintenance of any activities associated with valid, + existing rights, including water rights; + ``(3) in a manner that conserves, protects, and enhances + the resources and values of the Scenic Area described in + subsection (b); and + ``(4) in accordance with-- + ``(A) the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1701 et seq.); + ``(B) this title; and + ``(C) any other applicable laws. + ``(e) Management.-- + ``(1) In general.--The Secretary shall allow only such uses + of the Scenic Area as the Secretary determines would further + the purposes of the Scenic Area as described in subsection (b). + ``(2) Recreational activities.--Except as otherwise + provided in this title or other applicable law, or as the + Secretary determines to be necessary for public health and + safety, the Secretary shall allow existing recreational uses of + the Scenic Area to continue, including hiking, mountain biking, + rock climbing, sightseeing, horseback riding, hunting, fishing, + and appropriate authorized motorized vehicle use in accordance + with paragraph (3). + ``(3) Motorized vehicles.--Except as otherwise specified in + this title, or as necessary for administrative purposes or to + respond to an emergency, the use of motorized vehicles in the + Scenic Area shall be permitted only on-- + ``(A) roads and trails designated by the Secretary + for use of motorized vehicles as part of a management + plan sustaining a semiprimitive motorized experience; + or + ``(B) county-maintained roads in accordance with + applicable State and county laws. + ``(f) No Buffer Zones.-- + ``(1) In general.--Nothing in this title creates a + protective perimeter or buffer zone around the Scenic Area. + ``(2) Activities outside scenic area.--The fact that an + activity or use on land outside the Scenic Area can be seen or + heard within the Scenic Area shall not preclude the activity or + use outside the boundaries of the Scenic Area. + ``(g) Access.--The Secretary shall provide private landowners +adequate access to inholdings in the Scenic Area. + ``(h) Filming.--Nothing in this title prohibits filming (including +commercial film production, student filming, and still photography) +within the Scenic Area-- + ``(1) subject to-- + ``(A) such reasonable regulations, policies, and + practices as the Secretary considers to be necessary; + and + ``(B) applicable law; and + ``(2) in a manner consistent with the purposes described in + subsection (b). + ``(i) Fish and Wildlife.--Nothing in this title affects the +jurisdiction or responsibilities of the State with respect to fish and +wildlife. + ``(j) Livestock.--The grazing of livestock in the Scenic Area, +including grazing under the Alabama Hills allotment and the George +Creek allotment, as established before the date of enactment of this +title, shall be permitted to continue-- + ``(1) subject to-- + ``(A) such reasonable regulations, policies, and + practices as the Secretary considers to be necessary; + and + ``(B) applicable law; and + ``(2) in a manner consistent with the purposes described in + subsection (b). + ``(k) Withdrawal.--Subject to the provisions of this title and +valid rights in existence on the date of enactment of this title, +including rights established by prior withdrawals, the Federal land +within the Scenic Area is withdrawn from all forms of-- + ``(1) entry, appropriation, or disposal under the public + land laws; + ``(2) location, entry, and patent under the mining laws; + and + ``(3) disposition under all laws pertaining to mineral and + geothermal leasing or mineral materials. + ``(l) Wildland Fire Operations.--Nothing in this title prohibits +the Secretary, in cooperation with other Federal, State, and local +agencies, as appropriate, from conducting wildland fire operations in +the Scenic Area, consistent with the purposes described in subsection +(b). + ``(m) Cooperative Agreements.--The Secretary may enter into +cooperative agreements with, State, Tribal, and local governmental +entities and private entities to conduct research, interpretation, or +public education or to carry out any other initiative relating to the +restoration, conservation, or management of the Scenic Area. + ``(n) Utility Facilities and Rights-of-way.-- + ``(1) Effect of title.--Nothing in this title-- + ``(A) affects the existence, use, operation, + maintenance (including vegetation control), repair, + construction, reconfiguration, expansion, inspection, + renewal, reconstruction, alteration, addition, + relocation, improvement, funding, removal, or + replacement of any utility facility or appurtenant + right-of-way within or adjacent to the Scenic Area; + ``(B) subject to subsection (e), affects necessary + or efficient access to utility facilities or rights-of- + way within or adjacent to the Scenic Area; and + ``(C) precludes the Secretary from authorizing the + establishment of new utility facility rights-of-way + (including instream sites, routes, and areas) within + the Scenic Area in a manner that minimizes harm to the + purpose of the Scenic Area as described in subsection + (b)-- + ``(i) in accordance with the National + Environmental Policy Act of 1969 (42 U.S.C. + 4321 et seq.) and any other applicable law; + ``(ii) subject to such terms and conditions + as the Secretary determines to be appropriate; + and + ``(iii) that are determined by the + Secretary to be the only technical or feasible + location, following consideration of + alternatives within existing rights-of-way or + outside of the Scenic Area. + ``(2) Management plan.--Consistent with this title, the + Management Plan shall establish provisions for maintenance of + public utility and other rights-of-way within the Scenic Area. + +``SEC. 1403. MANAGEMENT PLAN. + + ``(a) In General.--Not later than 3 years after the date of +enactment of this title, in accordance with subsections (b) and (c), +the Secretary shall develop a comprehensive plan for the long-term +management of the Scenic Area. + ``(b) Consultation.--In developing the management plan, the +Secretary shall consult with-- + ``(1) appropriate State, Tribal, and local governmental + entities, including Inyo County and the Tribe; + ``(2) utilities, including Southern California Edison + Company and the Los Angeles Department of Water and Power; + ``(3) the Alabama Hills Stewardship Group; and + ``(4) members of the public. + ``(c) Requirement.--In accordance with this title, the management +plan shall include provisions for maintenance of existing public +utility and other rights-of-way within the Scenic Area. + ``(d) Incorporation.--In developing the management plan, in +accordance with this section, the Secretary may allow casual use mining +limited to the use of hand tools, metal detectors, hand-fed dry +washers, vacuum cleaners, gold pans, small sluices, and similar items. + ``(e) Interim Management.--Pending completion of the management +plan, the Secretary shall manage the Scenic Area in accordance with +section 1402(b). + +``SEC. 1404. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE + RESERVATION. + + ``(a) Trust Land.-- + ``(1) In general.--On completion of the survey described in + subsection (b), all right, title, and interest of the United + States in and to the approximately 132 acres of Federal land + depicted on the Map as `Lone Pine Paiute-Shoshone Reservation + Addition' shall be held in trust for the benefit of the Tribe, + subject to paragraphs (2) and (3). + ``(2) Conditions.--The land described in paragraph (1) + shall be subject to all easements, covenants, conditions, + restrictions, withdrawals, and other matters of record in + existence on the date of enactment of this title. + ``(3) Exclusion.--The Federal land over which the right-of- + way for the Los Angeles Aqueduct is located, generally + described as the 250-foot-wide right-of-way granted to the City + of Los Angeles pursuant to the Act of June 30, 1906 (34 Stat. + 801, chapter 3926), shall not be taken into trust for the + Tribe. + ``(b) Survey.--Not later than 180 days after the date of enactment +of this title, the Secretary shall complete a survey of the boundary +lines to establish the boundaries of the land to be held in trust under +subsection (a)(1). + ``(c) Reservation Land.--The land held in trust pursuant to +subsection (a)(1) shall be considered to be a part of the reservation +of the Tribe. + ``(d) Gaming Prohibition.--Land held in trust under subsection +(a)(1) shall not be eligible, or considered to have been taken into +trust, for gaming (within the meaning of the Indian Gaming Regulatory +Act (25 U.S.C. 2701 et seq.)). + +``SEC. 1405. TRANSFER OF ADMINISTRATIVE JURISDICTION. + + ``Administrative jurisdiction over the approximately 56 acres of +Federal land depicted on the Map as `USFS Transfer to BLM' is +transferred from the Forest Service to the Bureau of Land Management. + +``SEC. 1406. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES. + + ``(a) Effect of Title.--Nothing in this title limits commercial +services for existing or historic recreation uses, as authorized by the +permit process of the Bureau of Land Management. + ``(b) Guided Recreational Opportunities.--Commercial permits to +exercise guided recreational opportunities for the public that are +authorized as of the date of enactment of this title may continue to be +authorized.''. + + PART V--MISCELLANEOUS + +SEC. 1451. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK. + + Title VII of the California Desert Protection Act is 1994 (16 +U.S.C. 410aaa-71 et seq.) is amended by adding at the end the +following: + +``SEC. 712. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK. + + ``(a) In General.--On termination of all mining claims to the land +described in subsection (b), the Secretary shall transfer the land +described in that subsection to the State of California. + ``(b) Description of Land.--The land referred to in subsection (a) +is certain Bureau of Land Management land in San Diego County, +California, comprising approximately 934 acres, as generally depicted +on the map entitled `Proposed Table Mountain Wilderness Study Area +Transfer to the State' and dated November 7, 2018. + ``(c) Management.-- + ``(1) In general.--The land transferred under subsection + (a) shall be managed in accordance with the provisions of the + California Wilderness Act (California Public Resources Code + sections 5093.30-5093.40). + ``(2) Withdrawal.--Subject to valid existing rights, the + land transferred under subsection (a) is withdrawn from-- + ``(A) all forms of entry, appropriation, or + disposal under the public land laws; + ``(B) location, entry, and patent under the mining + laws; and + ``(C) disposition under all laws relating to + mineral and geothermal leasing. + ``(3) Reversion.--If the State ceases to manage the land + transferred under subsection (a) as part of the State Park + System or in a manner inconsistent with the California + Wilderness Act (California Public Resources Code sections + 5093.30-5093.40), the land shall revert to the Secretary at the + discretion of the Secretary, to be managed as a Wilderness + Study Area.''. + +SEC. 1452. WILDLIFE CORRIDORS. + + Title VII of the California Desert Protection Act is 1994 (16 +U.S.C. 410aaa-71 et seq.) (as amended by section 1451) is amended by +adding at the end the following: + +``SEC. 713. WILDLIFE CORRIDORS. + + ``(a) In General.--The Secretary shall-- + ``(1) assess the impacts of habitat fragmentation on + wildlife in the California Desert Conservation Area; and + ``(2) establish policies and procedures to ensure the + preservation of wildlife corridors and facilitate species + migration. + ``(b) Study.-- + ``(1) In general.--As soon as practicable, but not later + than 2 years, after the date of enactment of this section, the + Secretary shall complete a study regarding the impact of + habitat fragmentation on wildlife in the California Desert + Conservation Area. + ``(2) Components.--The study under paragraph (1) shall-- + ``(A) identify the species migrating, or likely to + migrate in the California Desert Conservation Area; + ``(B) examine the impacts and potential impacts of + habitat fragmentation on-- + ``(i) plants, insects, and animals; + ``(ii) soil; + ``(iii) air quality; + ``(iv) water quality and quantity; and + ``(v) species migration and survival; + ``(C) identify critical wildlife and species + migration corridors recommended for preservation; and + ``(D) include recommendations for ensuring the + biological connectivity of public land managed by the + Secretary and the Secretary of Defense throughout the + California Desert Conservation Area. + ``(3) Rights-of-way.--The Secretary shall consider the + information and recommendations of the study under paragraph + (1) to determine the individual and cumulative impacts of + rights-of-way for projects in the California Desert + Conservation Area, in accordance with-- + ``(A) the National Environmental Policy Act of 1969 + (42 U.S.C. 4321 et seq.); + ``(B) the Endangered Species Act of 1973 (16 U.S.C. + 1531 et seq.); and + ``(C) any other applicable law. + ``(c) Land Management Plans.--The Secretary shall incorporate into +all land management plans applicable to the California Desert +Conservation Area the findings and recommendations of the study +completed under subsection (b).''. + +SEC. 1453. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION LAND. + + Title VII of the California Desert Protection Act is 1994 (16 +U.S.C. 410aaa-71 et seq.) (as amended by section 1452) is amended by +adding at the end the following: + +``SEC. 714. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION + LAND. + + ``(a) Definitions.--In this section: + ``(1) Acquired land.--The term `acquired land' means any + land acquired within the Conservation Area using amounts from + the land and water conservation fund established under section + 200302 of title 54, United States Code. + ``(2) Conservation area.--The term `Conservation Area' + means the California Desert Conservation Area. + ``(3) Conservation land.--The term `conservation land' + means any land within the Conservation Area that is designated + to satisfy the conditions of a Federal habitat conservation + plan, general conservation plan, or State natural communities + conservation plan, including-- + ``(A) national conservation land established + pursuant to section 2002(b)(2)(D) of the Omnibus Public + Land Management Act of 2009 (16 U.S.C. 7202(b)(2)(D)); + and + ``(B) areas of critical environmental concern + established pursuant to section 202(c)(3) of the + Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1712(c)(3)). + ``(4) Donated land.--The term `donated land' means any + private land donated to the United States for conservation + purposes in the Conservation Area. + ``(5) Donor.--The term `donor' means an individual or + entity that donates private land within the Conservation Area + to the United States. + ``(6) Secretary.--The term `Secretary' means the Secretary, + acting through the Director of the Bureau of Land Management. + ``(7) State.--The term `State' means the State of + California. + ``(b) Prohibitions.--Except as provided in subsection (c), the +Secretary shall not authorize the use of acquired land, conservation +land, or donated land within the Conservation Area for any activities +contrary to the conservation purposes for which the land was acquired, +designated, or donated, including-- + ``(1) disposal; + ``(2) rights-of-way; + ``(3) leases; + ``(4) livestock grazing; + ``(5) infrastructure development, except as provided in + subsection (c); + ``(6) mineral entry; and + ``(7) off-highway vehicle use, except on-- + ``(A) designated routes; + ``(B) off-highway vehicle areas designated by law; + and + ``(C) administratively designated open areas. + ``(c) Exceptions.-- + ``(1) Authorization by secretary.--Subject to paragraph + (2), the Secretary may authorize limited exceptions to + prohibited uses of acquired land or donated land in the + Conservation Area if-- + ``(A) a right-of-way application for a renewable + energy development project or associated energy + transport facility on acquired land or donated land was + submitted to the Bureau of Land Management on or before + December 1, 2009; or + ``(B) after the completion and consideration of an + analysis under the National Environmental Policy Act of + 1969 (42 U.S.C. 4321 et seq.), the Secretary has + determined that proposed use is in the public interest. + ``(2) Conditions.-- + ``(A) In general.--If the Secretary grants an + exception to the prohibition under paragraph (1), the + Secretary shall require the permittee to donate private + land of comparable value located within the + Conservation Area to the United States to mitigate the + use. + ``(B) Approval.--The private land to be donated + under subparagraph (A) shall be approved by the + Secretary after-- + ``(i) consultation, to the maximum extent + practicable, with the donor of the private land + proposed for nonconservation uses; and + ``(ii) an opportunity for public comment + regarding the donation. + ``(d) Existing Agreements.--Nothing in this section affects +permitted or prohibited uses of donated land or acquired land in the +Conservation Area established in any easements, deed restrictions, +memoranda of understanding, or other agreements in existence on the +date of enactment of this section. + ``(e) Deed Restrictions.--Effective beginning on the date of +enactment of this section, within the Conservation Area, the Secretary +may-- + ``(1) accept deed restrictions requested by landowners for + land donated to, or otherwise acquired by, the United States; + and + ``(2) consistent with existing rights, create deed + restrictions, easements, or other third-party rights relating + to any public land determined by the Secretary to be + necessary-- + ``(A) to fulfill the mitigation requirements + resulting from the development of renewable resources; + or + ``(B) to satisfy the conditions of-- + ``(i) a habitat conservation plan or + general conservation plan established pursuant + to section 10 of the Endangered Species Act of + 1973 (16 U.S.C. 1539); or + ``(ii) a natural communities conservation + plan approved by the State.''. + +SEC. 1454. TRIBAL USES AND INTERESTS. + + Section 705 of the California Desert Protection Act is 1994 (16 +U.S.C. 410aaa-75) is amended-- + (1) by redesignating subsection (b) as subsection (c); + (2) by striking subsection (a) and inserting the following: + ``(a) Access.--The Secretary shall ensure access to areas +designated under this Act by members of Indian Tribes for traditional +cultural and religious purposes, consistent with applicable law, +including Public Law 95-341 (commonly known as the `American Indian +Religious Freedom Act') (42 U.S.C. 1996). + ``(b) Temporary Closure.-- + ``(1) In general.--In accordance with applicable law, + including Public Law 95-341 (commonly known as the `American + Indian Religious Freedom Act') (42 U.S.C. 1996), and subject to + paragraph (2), the Secretary, on request of an Indian Tribe or + Indian religious community, shall temporarily close to general + public use any portion of an area designated as a national + monument, special management area, wild and scenic river, area + of critical environmental concern, or National Park System unit + under this Act (referred to in this subsection as a `designated + area') to protect the privacy of traditional cultural and + religious activities in the designated area by members of the + Indian Tribe or Indian religious community. + ``(2) Limitation.--In closing a portion of a designated + area under paragraph (1), the Secretary shall limit the closure + to the smallest practicable area for the minimum period + necessary for the traditional cultural and religious + activities.''; and + (3) by adding at the end the following: + ``(d) Tribal Cultural Resources Management Plan.-- + ``(1) In general.--Not later than 2 years after the date of + enactment of the Natural Resources Management Act, the + Secretary shall develop and implement a Tribal cultural + resources management plan to identify, protect, and conserve + cultural resources of Indian Tribes associated with the Xam + Kwatchan Trail network extending from Avikwaame (Spirit + Mountain, Nevada) to Avikwlal (Pilot Knob, California). + ``(2) Consultation.--The Secretary shall consult on the + development and implementation of the Tribal cultural resources + management plan under paragraph (1) with-- + ``(A) each of-- + ``(i) the Chemehuevi Indian Tribe; + ``(ii) the Hualapai Tribal Nation; + ``(iii) the Fort Mojave Indian Tribe; + ``(iv) the Colorado River Indian Tribes; + ``(v) the Quechan Indian Tribe; and + ``(vi) the Cocopah Indian Tribe; + ``(B) the Advisory Council on Historic + Preservation; and + ``(C) the State Historic Preservation Offices of + Nevada, Arizona, and California. + ``(3) Resource protection.--The Tribal cultural resources + management plan developed under paragraph (1) shall-- + ``(A) be based on a completed Tribal cultural + resources survey; and + ``(B) include procedures for identifying, + protecting, and preserving petroglyphs, ancient trails, + intaglios, sleeping circles, artifacts, and other + resources of cultural, archaeological, or historical + significance in accordance with all applicable laws and + policies, including-- + ``(i) chapter 2003 of title 54, United + States Code; + ``(ii) Public Law 95-341 (commonly known as + the `American Indian Religious Freedom Act') + (42 U.S.C. 1996); + ``(iii) the Archaeological Resources + Protection Act of 1979 (16 U.S.C. 470aa et + seq.); + ``(iv) the Native American Graves + Protection and Repatriation Act (25 U.S.C. 3001 + et seq.); and + ``(v) Public Law 103-141 (commonly known as + the `Religious Freedom Restoration Act of + 1993') (42 U.S.C. 2000bb et seq.). + ``(e) Withdrawal.--Subject to valid existing rights, all Federal +land within the area administratively withdrawn and known as the +`Indian Pass Withdrawal Area' is permanently withdrawn from-- + ``(1) all forms of entry, appropriation, or disposal under + the public land laws; + ``(2) location, entry, and patent under the mining laws; + and + ``(3) right-of-way leasing and disposition under all laws + relating to minerals or solar, wind, or geothermal energy.''. + +SEC. 1455. RELEASE OF FEDERAL REVERSIONARY LAND INTERESTS. + + (a) Definitions.--In this section: + (1) 1932 act.--The term ``1932 Act'' means the Act of June + 18, 1932 (47 Stat. 324, chapter 270). + (2) District.--The term ``District'' means the Metropolitan + Water District of Southern California. + (b) Release.--Subject to valid existing claims perfected prior to +the effective date of the 1932 Act and the reservation of minerals set +forth in the 1932 Act, the Secretary shall release, convey, or +otherwise quitclaim to the District, in a form recordable in local +county records, and subject to the approval of the District, after +consultation and without monetary consideration, all right, title, and +remaining interest of the United States in and to the land that was +conveyed to the District pursuant to the 1932 Act or any other law +authorizing conveyance subject to restrictions or reversionary +interests retained by the United States, on request by the District. + (c) Terms and Conditions.--A conveyance authorized by subsection +(b) shall be subject to the following terms and conditions: + (1) The District shall cover, or reimburse the Secretary + for, the costs incurred by the Secretary to make the + conveyance, including title searches, surveys, deed + preparation, attorneys' fees, and similar expenses. + (2) By accepting the conveyances, the District agrees to + indemnify and hold harmless the United States with regard to + any boundary dispute relating to any parcel conveyed under this + section. + +SEC. 1456. CALIFORNIA STATE SCHOOL LAND. + + Section 707 of the California Desert Protection Act of 1994 (16 +U.S.C. 410aaa-77) is amended-- + (1) in subsection (a)-- + (A) in the first sentence-- + (i) by striking ``Upon request of the + California State Lands Commission (hereinafter + in this section referred to as the + `Commission'), the Secretary shall enter into + negotiations for an agreement'' and inserting + the following: + ``(1) In general.--The Secretary shall negotiate in good + faith to reach an agreement with the California State Lands + Commission (referred to in this section as the `Commission')''; + and + (ii) by inserting ``, national monuments, + off-highway vehicle recreation areas,'' after + ``more of the wilderness areas''; and + (B) in the second sentence, by striking ``The + Secretary shall negotiate in good faith to'' and + inserting the following: + ``(2) Agreement.--To the maximum extent practicable, not + later than 10 years after the date of enactment of this title, + the Secretary shall''; and + (2) in subsection (b)(1), by inserting ``, national + monuments, off-highway vehicle recreation areas,'' after + ``wilderness areas''. + +SEC. 1457. DESIGNATION OF WILD AND SCENIC RIVERS. + + (a) Amargosa River, California.--Section 3(a)(196)(A) of the Wild +and Scenic Rivers Act (16 U.S.C. 1274(a)(196)(A)) is amended to read as +follows: + ``(A) The approximately 7.5-mile segment of the + Amargosa River in the State of California, the private + property boundary in sec. 19, T. 22 N., R. 7 E., to 100 + feet upstream of the Tecopa Hot Springs Road crossing, + to be administered by the Secretary of the Interior as + a scenic river.''. + (b) Additional Segments.--Section 3(a) of the Wild and Scenic +Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1303(a)) is +amended by adding at the end the following: + ``(228) Surprise canyon creek, california.-- + ``(A) In general.--The following segments of + Surprise Canyon Creek in the State of California, to be + administered by the Secretary of the Interior: + ``(i) The approximately 5.3 miles of + Surprise Canyon Creek from the confluence of + Frenchman's Canyon and Water Canyon to 100 feet + upstream of Chris Wicht Camp, as a wild river. + ``(ii) The approximately 1.8 miles of + Surprise Canyon Creek from 100 feet upstream of + Chris Wicht Camp to the southern boundary of + sec. 14, T. 21 S., R. 44 E., as a recreational + river. + ``(B) Effect on historic mining structures.-- + Nothing in this paragraph affects the historic mining + structures associated with the former Panamint Mining + District. + ``(229) Deep creek, california.-- + ``(A) In general.--The following segments of Deep + Creek in the State of California, to be administered by + the Secretary of Agriculture: + ``(i) The approximately 6.5-mile segment + from 0.125 mile downstream of the Rainbow Dam + site in sec. 33, T. 2 N., R. 2 W., San + Bernardino Meridian, to 0.25 miles upstream of + the Road 3N34 crossing, as a wild river. + ``(ii) The 0.5-mile segment from 0.25 mile + upstream of the Road 3N34 crossing to 0.25 mile + downstream of the Road 3N34 crossing, as a + scenic river. + ``(iii) The 2.5-mile segment from 0.25 + miles downstream of the Road 3 N. 34 crossing + to 0.25 miles upstream of the Trail 2W01 + crossing, as a wild river. + ``(iv) The 0.5-mile segment from 0.25 miles + upstream of the Trail 2W01 crossing to 0.25 + mile downstream of the Trail 2W01 crossing, as + a scenic river. + ``(v) The 10-mile segment from 0.25 miles + downstream of the Trail 2W01 crossing to the + upper limit of the Mojave dam flood zone in + sec. 17, T. 3 N., R. 3 W., San Bernardino + Meridian, as a wild river. + ``(vi) The 11-mile segment of Holcomb Creek + from 100 yards downstream of the Road 3N12 + crossing to .25 miles downstream of Holcomb + Crossing, as a recreational river. + ``(vii) The 3.5-mile segment of the Holcomb + Creek from 0.25 miles downstream of Holcomb + Crossing to the Deep Creek confluence, as a + wild river. + ``(B) Effect on ski operations.--Nothing in this + paragraph affects-- + ``(i) the operations of the Snow Valley Ski + Resort; or + ``(ii) the State regulation of water rights + and water quality associated with the operation + of the Snow Valley Ski Resort. + ``(230) Whitewater river, california.--The following + segments of the Whitewater River in the State of California, to + be administered by the Secretary of Agriculture and the + Secretary of the Interior, acting jointly: + ``(A) The 5.8-mile segment of the North Fork + Whitewater River from the source of the River near Mt. + San Gorgonio to the confluence with the Middle Fork, as + a wild river. + ``(B) The 6.4-mile segment of the Middle Fork + Whitewater River from the source of the River to the + confluence with the South Fork, as a wild river. + ``(C) The 1-mile segment of the South Fork + Whitewater River from the confluence of the River with + the East Fork to the section line between sections 32 + and 33, T. 1 S., R. 2 E., San Bernardino Meridian, as a + wild river. + ``(D) The 1-mile segment of the South Fork + Whitewater River from the section line between sections + 32 and 33, T. 1 S., R. 2 E., San Bernardino Meridian, + to the section line between sections 33 and 34, T. 1 + S., R. 2 E., San Bernardino Meridian, as a recreational + river. + ``(E) The 4.9-mile segment of the South Fork + Whitewater River from the section line between sections + 33 and 34, T. 1 S., R. 2 E., San Bernardino Meridian, + to the confluence with the Middle Fork, as a wild + river. + ``(F) The 5.4-mile segment of the main stem of the + Whitewater River from the confluence of the South and + Middle Forks to the San Gorgonio Wilderness boundary, + as a wild river. + ``(G) The 3.6-mile segment of the main stem of the + Whitewater River from the San Gorgonio Wilderness + boundary to .25 miles upstream of the southern boundary + of section 35, T. 2 S., R. 3 E., San Bernardino + Meridian, as a recreational river.''. + +SEC. 1458. CONFORMING AMENDMENTS. + + (a) Short Title.--Section 1 of the California Desert Protection Act +of 1994 (16 U.S.C. 410aaa note; Public Law 103-433) is amended by +striking ``1 and 2, and titles I through IX'' and inserting ``1, 2, and +3, titles I through IX, and titles XIII and XIV''. + (b) Definitions.--The California Desert Protection Act of 1994 +(Public Law 103-433; 108 Stat. 4471) is amended by inserting after +section 2 the following: + +``SEC. 3. DEFINITIONS. + + ``(a) Titles I Through Ix.--In titles I through IX, the term `this +Act' means only-- + ``(1) sections 1 and 2; and + ``(2) titles I through IX. + ``(b) Titles Xiii and Xiv.--In titles XIII and XIV: + ``(1) Conservation area.--The term `Conservation Area' + means the California Desert Conservation Area. + ``(2) Secretary.--The term `Secretary' means-- + ``(A) with respect to land under the jurisdiction + of the Secretary of the Interior, the Secretary of the + Interior; and + ``(B) with respect to land under the jurisdiction + of the Secretary of Agriculture, the Secretary of + Agriculture. + ``(3) State.--The term `State' means the State of + California.''. + +SEC. 1459. JUNIPER FLATS. + + The California Desert Protection Act of 1994 is amended by striking +section 711 (16 U.S.C. 410aaa-81) and inserting the following: + +``SEC. 711. JUNIPER FLATS. + + ``Development of renewable energy generation facilities (excluding +rights-of-way or facilities for the transmission of energy and +telecommunication facilities and infrastructure) is prohibited on the +approximately 27,990 acres of Federal land generally depicted as `BLM +Land Unavailable for Energy Development' on the map entitled `Juniper +Flats' and dated November 7, 2018.''. + +SEC. 1460. CONFORMING AMENDMENTS TO CALIFORNIA MILITARY LANDS + WITHDRAWAL AND OVERFLIGHTS ACT OF 1994. + + (a) Findings.--Section 801(b)(2) of the California Military Lands +Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa-82 note; +Public Law 103-433) is amended by inserting ``, special management +areas, off-highway vehicle recreation areas, scenic areas,'' before +``and wilderness areas''. + (b) Overflights; Special Airspace.--Section 802 of the California +Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. +410aaa-82) is amended-- + (1) in subsection (a), by inserting ``, scenic areas, off- + highway vehicle recreation areas, or special management areas'' + before ``designated by this Act''; + (2) in subsection (b), by inserting ``, scenic areas, off- + highway vehicle recreation areas, or special management areas'' + before ``designated by this Act''; and + (3) by adding at the end the following: + ``(d) Department of Defense Facilities.--Nothing in this Act alters +any authority of the Secretary of Defense to conduct military +operations at installations and ranges within the California Desert +Conservation Area that are authorized under any other provision of +law.''. + +SEC. 1461. DESERT TORTOISE CONSERVATION CENTER. + + (a) In General.--The Secretary shall establish, operate, and +maintain a trans-State desert tortoise conservation center (referred to +in this section as the ``Center'') on public land along the California- +Nevada border-- + (1) to support desert tortoise research, disease + monitoring, handling training, rehabilitation, and + reintroduction; + (2) to provide temporary quarters for animals collected + from authorized salvage from renewable energy sites; and + (3) to ensure the full recovery and ongoing survival of the + species. + (b) Center.--In carrying out this section, the Secretary shall-- + (1) seek the participation of or contract with qualified + organizations with expertise in desert tortoise disease + research and experience with desert tortoise translocation + techniques, and scientific training of professional biologists + for handling tortoises, to staff and manage the Center; + (2) ensure that the Center engages in public outreach and + education on tortoise handling; and + (3) consult with the State and the State of Nevada to + ensure that the Center is operated consistent with State law. + (c) Non-Federal Contributions.--The Secretary may accept and expend +contributions of non-Federal funds to establish, operate, and maintain +the Center. + + TITLE II--NATIONAL PARKS + + Subtitle A--Special Resource Studies + +SEC. 2001. SPECIAL RESOURCE STUDY OF JAMES K. POLK PRESIDENTIAL HOME. + + (a) Definition of Study Area.--In this section, the term ``study +area'' means the President James K. Polk Home in Columbia, Tennessee, +and adjacent property. + (b) Special Resource Study.-- + (1) Study.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), + the Secretary shall-- + (A) evaluate the national significance of the study + area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National + Park System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the + Federal Government, State or local government entities, + or private and nonprofit organizations; + (D) consult with interested Federal agencies, State + or local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal + acquisition, development, interpretation, operation, + and maintenance associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title + 54, United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available for the study under paragraph + (1), the Secretary shall submit to the Committee on Energy and + Natural Resources of the Senate and the Committee on Natural + Resources of the House of Representatives a report that + describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the + Secretary. + +SEC. 2002. SPECIAL RESOURCE STUDY OF THURGOOD MARSHALL SCHOOL. + + (a) Definition of Study Area.--In this section, the term ``study +area'' means-- + (1) P.S. 103, the public school located in West Baltimore, + Maryland, which Thurgood Marshall attended as a youth; and + (2) any other resources in the neighborhood surrounding + P.S. 103 that relate to the early life of Thurgood Marshall. + (b) Special Resource Study.-- + (1) Study.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), + the Secretary shall-- + (A) evaluate the national significance of the study + area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National + Park System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the + Federal Government, State or local government entities, + or private and nonprofit organizations; + (D) consult with interested Federal agencies, State + or local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal + acquisition, development, interpretation, operation, + and maintenance associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title + 54, United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available to carry out the study under + paragraph (1), the Secretary shall submit to the Committee on + Natural Resources of the House of Representatives and the + Committee on Energy and Natural Resources of the Senate a + report that describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the + Secretary. + +SEC. 2003. SPECIAL RESOURCE STUDY OF PRESIDENT STREET STATION. + + (a) Definition of Study Area.--In this section, the term ``study +area'' means the President Street Station, a railroad terminal in +Baltimore, Maryland, the history of which is tied to the growth of the +railroad industry in the 19th century, the Civil War, the Underground +Railroad, and the immigrant influx of the early 20th century. + (b) Special Resource Study.-- + (1) Study.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), + the Secretary shall-- + (A) evaluate the national significance of the study + area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National + Park System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the + Federal Government, State or local government entities, + or private and nonprofit organizations; + (D) consult with interested Federal agencies, State + or local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal + acquisition, development, interpretation, operation, + and maintenance associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title + 54, United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available for the study under paragraph + (1), the Secretary shall submit to the Committee on Natural + Resources of the House of Representatives and the Committee on + Energy and Natural Resources of the Senate a report that + describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the + Secretary. + +SEC. 2004. AMACHE SPECIAL RESOURCE STUDY. + + (a) Definition of Study Area.--In this section, the term ``study +area'' means the site known as ``Amache'', ``Camp Amache'', and +``Granada Relocation Center'' in Granada, Colorado, which was 1 of the +10 relocation centers where Japanese Americans were incarcerated during +World War II. + (b) Special Resource Study.-- + (1) In general.--The Secretary shall conduct a special + resource study of the study area. + (2) Contents.--In conducting the study under paragraph (1), + the Secretary shall-- + (A) evaluate the national significance of the study + area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National + Park System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the + Federal Government, State or local government entities, + or private and nonprofit organizations; + (D) consult with interested Federal agencies, State + or local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal + acquisition, development, interpretation, operation, + and maintenance associated with the alternatives + described in subparagraphs (B) and (C). + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title + 54, United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available to carry out the study under + paragraph (1), the Secretary shall submit to the Committee on + Natural Resources of the House of Representatives and the + Committee on Energy and Natural Resources of the Senate a + report that describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the + Secretary. + +SEC. 2005. SPECIAL RESOURCE STUDY OF GEORGE W. BUSH CHILDHOOD HOME. + + (a) Definition of Study Area.--In this section, the term ``study +area'' means the George W. Bush Childhood Home, located at 1412 West +Ohio Avenue, Midland, Texas. + (b) Special Resource Study.-- + (1) Study.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), + the Secretary shall-- + (A) evaluate the national significance of the study + area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National + Park System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the + Federal Government, State or local government entities, + or private and nonprofit organizations; + (D) consult with interested Federal agencies, State + or local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal + acquisition, development, interpretation, operation, + and maintenance associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title + 54, United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available for the study under paragraph + (1), the Secretary shall submit to the Committee on Energy and + Natural Resources of the Senate and the Committee on Natural + Resources of the House of Representatives a report that + describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the + Secretary. + + Subtitle B--National Park System Boundary Adjustments and Related + Matters + +SEC. 2101. SHILOH NATIONAL MILITARY PARK BOUNDARY ADJUSTMENT. + + (a) Definitions.--In this section: + (1) Affiliated area.--The term ``affiliated area'' means + the Parker's Crossroads Battlefield established as an + affiliated area of the National Park System by subsection + (c)(1). + (2) Park.--The term ``Park'' means Shiloh National Military + Park, a unit of the National Park System. + (b) Areas to Be Added to Shiloh National Military Park.-- + (1) Additional areas.--The boundary of the Park is modified + to include the areas that are generally depicted on the map + entitled ``Shiloh National Military Park, Proposed Boundary + Adjustment'', numbered 304/80,011, and dated July 2014, and + which are comprised of the following: + (A) Fallen Timbers Battlefield. + (B) Russell House Battlefield. + (C) Davis Bridge Battlefield. + (2) Acquisition authority.--The Secretary may acquire the + land described in paragraph (1) by donation, purchase from + willing sellers with donated or appropriated funds, or + exchange. + (3) Administration.--Any land acquired under this + subsection shall be administered as part of the Park. + (c) Establishment of Affiliated Area.-- + (1) In general.--Parker's Crossroads Battlefield in the + State of Tennessee is established as an affiliated area of the + National Park System. + (2) Description of affiliated area.--The affiliated area + shall consist of the area generally depicted within the + ``Proposed Boundary'' on the map entitled ``Parker's Crossroads + Battlefield, Proposed Boundary'', numbered 903/80,073, and + dated July 2014. + (3) Administration.--The affiliated area shall be managed + in accordance with-- + (A) this section; and + (B) any law generally applicable to units of the + National Park System. + (4) Management entity.--The City of Parkers Crossroads and + the Tennessee Historical Commission shall jointly be the + management entity for the affiliated area. + (5) Cooperative agreements.--The Secretary may provide + technical assistance and enter into cooperative agreements with + the management entity for the purpose of providing financial + assistance for the marketing, marking, interpretation, and + preservation of the affiliated area. + (6) Limited role of the secretary.--Nothing in this section + authorizes the Secretary to acquire property at the affiliated + area or to assume overall financial responsibility for the + operation, maintenance, or management of the affiliated area. + (7) General management plan.-- + (A) In general.--The Secretary, in consultation + with the management entity, shall develop a general + management plan for the affiliated area in accordance + with section 100502 of title 54, United States Code. + (B) Transmittal.--Not later than 3 years after the + date on which funds are made available to carry out + this section, the Secretary shall submit to the + Committee on Natural Resources of the House of + Representatives and the Committee on Energy and Natural + Resources of the Senate the general management plan + developed under subparagraph (A). + +SEC. 2102. OCMULGEE MOUNDS NATIONAL HISTORICAL PARK BOUNDARY. + + (a) Definitions.--In this section: + (1) Historical park.--The term ``Historical Park'' means + the Ocmulgee Mounds National Historical Park in the State of + Georgia, as redesignated by subsection(b)(1)(A). + (2) Map.--The term ``map'' means the map entitled + ``Ocmulgee National Monument Proposed Boundary Adjustment'', + numbered 363/125996, and dated January 2016. + (3) Study area.--The term ``study area'' means the Ocmulgee + River corridor between the cities of Macon, Georgia, and + Hawkinsville, Georgia. + (b) Ocmulgee Mounds National Historical Park.-- + (1) Redesignation.-- + (A) In general.--The Ocmulgee National Monument, + established pursuant to the Act of June 14, 1934 (48 + Stat. 958, chapter 519), shall be known and designated + as the ``Ocmulgee Mounds National Historical Park''. + (B) References.--Any reference in a law, map, + regulation, document, paper, or other record of the + United States to the ``Ocmulgee National Monument'' + shall be deemed to be a reference to the ``Ocmulgee + Mounds National Historical Park''. + (2) Boundary adjustment.-- + (A) In general.--The boundary of the Historical + Park is revised to include approximately 2,100 acres of + land, as generally depicted on the map. + (B) Availability of map.--The map shall be on file + and available for public inspection in the appropriate + offices of the National Park Service. + (3) Land acquisition.-- + (A) In general.--The Secretary may acquire land and + interests in land within the boundaries of the + Historical Park by donation, purchase from a willing + seller with donated or appropriated funds, or exchange. + (B) Limitation.--The Secretary may not acquire by + condemnation any land or interest in land within the + boundaries of the Historical Park. + (4) Administration.--The Secretary shall administer any + land acquired under paragraph (3) as part of the Historical + Park in accordance with applicable laws (including + regulations). + (c) Ocmulgee River Corridor Special Resource Study.-- + (1) In general.--The Secretary shall conduct a special + resource study of the study area. + (2) Contents.--In conducting the study under paragraph (1), + the Secretary shall-- + (A) evaluate the national significance of the study + area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National + Park System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the + Federal Government, State or local government entities, + or private and nonprofit organizations; + (D) consult with interested Federal agencies, State + or local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal + acquisition, development, interpretation, operation, + and maintenance associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title + 54, United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available to carry out the study under + paragraph (1), the Secretary shall submit to the Committee on + Natural Resources of the House of Representatives and the + Committee on Energy and Natural Resources of the Senate a + report that describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the + Secretary. + +SEC. 2103. KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY. + + (a) Definitions.--In this section: + (1) Map.--The term ``map'' means the map entitled + ``Kennesaw Mountain National Battlefield Park, Proposed + Boundary Adjustment'', numbered 325/80,020, and dated February + 2010. + (2) Park.--The term ``Park'' means the Kennesaw Mountain + National Battlefield Park. + (b) Kennesaw Mountain National Battlefield Park Boundary +Adjustment.-- + (1) Boundary adjustment.--The boundary of the Park is + modified to include the approximately 8 acres of land or + interests in land identified as ``Wallis House and Harriston + Hill'', as generally depicted on the map. + (2) Map.--The map shall be on file and available for + inspection in the appropriate offices of the National Park + Service. + (3) Land acquisition.--The Secretary may acquire land or + interests in land described in paragraph (1) by donation, + purchase from willing sellers, or exchange. + (4) Administration of acquired land.--The Secretary shall + administer land and interests in land acquired under this + section as part of the Park in accordance with applicable laws + (including regulations). + +SEC. 2104. FORT FREDERICA NATIONAL MONUMENT, GEORGIA. + + (a) Maximum Acreage.--The first section of the Act of May 26, 1936 +(16 U.S.C. 433g), is amended by striking ``two hundred and fifty +acres'' and inserting ``305 acres''. + (b) Boundary Expansion.-- + (1) In general.--The boundary of the Fort Frederica + National Monument in the State of Georgia is modified to + include the land generally depicted as ``Proposed Acquisition + Areas'' on the map entitled ``Fort Frederica National Monument + Proposed Boundary Expansion'', numbered 369/132,469, and dated + April 2016. + (2) Availability of map.--The map described in paragraph + (1) shall be on file and available for public inspection in the + appropriate offices of the National Park Service. + (3) Acquisition of land.--The Secretary may acquire the + land and interests in land described in paragraph (1) by + donation or purchase with donated or appropriated funds from + willing sellers only. + (4) No use of condemnation or eminent domain.--The + Secretary may not acquire by condemnation or eminent domain any + land or interests in land under this section or for the + purposes of this section. + +SEC. 2105. FORT SCOTT NATIONAL HISTORIC SITE BOUNDARY. + + Public Law 95-484 (92 Stat. 1610) is amended-- + (1) in the first section-- + (A) by inserting ``, by purchase with appropriated + funds, or by exchange'' after ``donation''; and + (B) by striking the proviso; and + (2) in section 2-- + (A) by striking ``sec. 2. When'' and inserting the + following: + +``SEC. 2. ESTABLISHMENT. + + ``(a) In General.--When''; and + (B) by adding at the end the following: + ``(b) Boundary Modification.--The boundary of the Fort Scott +National Historic Site established under subsection (a) is modified as +generally depicted on the map referred to as `Fort Scott National +Historic Site Proposed Boundary Modification', numbered 471/80,057, and +dated February 2016.''. + +SEC. 2106. FLORISSANT FOSSIL BEDS NATIONAL MONUMENT BOUNDARY. + + The first section of Public Law 91-60 (83 Stat. 101) is amended-- + (1) by striking ``entitled `Proposed Florissant Fossil Beds + National Monument', numbered NM-FFB-7100, and dated March 1967, + and more particularly described by metes and bounds in an + attachment to that map,'' and inserting ``entitled `Florissant + Fossil Beds National Monument Proposed Boundary Adjustment', + numbered 171/132,544, and dated May 3, 2016,''; and + (2) by striking ``six thousand acres'' and inserting + ``6,300 acres''. + +SEC. 2107. VOYAGEURS NATIONAL PARK BOUNDARY ADJUSTMENT. + + (a) Boundaries.-- + (1) In general.--Section 102(a) of Public Law 91-661 (16 + U.S.C. 160a-1(a)) is amended-- + (A) in the first sentence, by striking ``the + drawing entitled'' and all that follows through + ``February 1969'' and inserting ``the map entitled + `Voyageurs National Park, Proposed Land Transfer & + Boundary Adjustment', numbered 172/80,056, and dated + June 2009 (22 sheets)''; and + (B) in the second and third sentences, by striking + ``drawing'' each place it appears and inserting + ``map''. + (2) Technical corrections.--Section 102(b)(2)(A) of Public + Law 91-661 (16 U.S.C. 160a-1(b)(2)(A)) is amended-- + (A) by striking ``paragraph (1)(C) and (D)'' and + inserting ``subparagraphs (C) and (D) of paragraph + (1)''; and + (B) in the second proviso, by striking ``paragraph + 1(E)'' and inserting ``paragraph (1)(E)''. + (b) Land Acquisitions.--Section 201 of Public Law 91-661 (16 U.S.C. +160b) is amended-- + (1) by striking the section designation and heading and all + that follows through ``(a) The Secretary'' and inserting the + following: + +``SEC. 201. LAND ACQUISITIONS. + + ``(a) Authorization.-- + ``(1) In general.--The Secretary''; + (2) in subsection (a)-- + (A) in the second sentence, by striking ``When any + tract of land is only partly within such boundaries'' + and inserting the following: + ``(2) Certain portions of tracts.-- + ``(A) In general.--In any case in which only a + portion of a tract of land is within the boundaries of + the park''; + (B) in the third sentence, by striking ``Land so + acquired'' and inserting the following: + ``(B) Exchange.-- + ``(i) In general.--Any land acquired + pursuant to subparagraph (A)''; + (C) in the fourth sentence, by striking ``Any + portion'' and inserting the following: + ``(ii) Portions not exchanged.--Any + portion''; + (D) in the fifth sentence, by striking ``Any + Federal property'' and inserting the following: + ``(C) Transfers of federal property.--Any Federal + property''; and + (E) by striking the last sentence and inserting the + following: + ``(D) Administrative jurisdiction.--Effective + beginning on the date of enactment of this + subparagraph, there is transferred to the National Park + Service administrative jurisdiction over-- + ``(i) any land managed by the Bureau of + Land Management within the boundaries of the + park, as depicted on the map described in + section 102(a); and + ``(ii) any additional public land + identified by the Bureau of Land Management as + appropriate for transfer within the boundaries + of the park. + ``(E) Land owned by state.-- + ``(i) Donations and exchanges.--Any land + located within or adjacent to the boundaries of + the park that is owned by the State of + Minnesota (or a political subdivision of the + State) may be acquired by the Secretary only + through donation or exchange. + ``(ii) Revision.--On completion of an + acquisition from the State under clause (i), + the Secretary shall revise the boundaries of + the park to reflect the acquisition.''; and + (3) in subsection (b), by striking ``(b) In exercising + his'' and inserting the following: + ``(b) Offers by Individuals.--In exercising the''. + +SEC. 2108. ACADIA NATIONAL PARK BOUNDARY. + + (a) Boundary Clarification.--Section 101 of Public Law 99-420 (16 +U.S.C. 341 note) is amended-- + (1) in the first sentence, by striking ``In order to'' and + inserting the following: + ``(a) Boundaries.--Subject to subsections (b) and (c)(2), to''; + (2) in the second sentence-- + (A) by striking ``The map shall be on file'' and + inserting the following: + ``(c) Availability and Revisions of Maps.-- + ``(1) Availability.--The map, together with the map + described in subsection (b)(1) and any revised boundary map + published under paragraph (2), if applicable, shall be-- + ``(A) on file''; and + (B) by striking ``Interior, and it shall be made'' + and inserting the following: ``Interior; and + ``(B) made''; + (3) by inserting after subsection (a) (as designated by + paragraph (1)) the following: + ``(b) Schoodic Peninsula Addition.-- + ``(1) In general.--The boundary of the Park is confirmed to + include approximately 1,441 acres of land and interests in + land, as depicted on the map entitled `Acadia National Park, + Hancock County, Maine, Schoodic Peninsula Boundary Revision', + numbered 123/129102, and dated July 10, 2015. + ``(2) Ratification and approval of acquisitions of land.-- + Congress ratifies and approves-- + ``(A) effective as of September 26, 2013, the + acquisition by the United States of the land and + interests in the land described in paragraph (1); and + ``(B) effective as of the date on which the + alteration occurred, any alteration of the land or + interests in the land described in paragraph (1) that + is held or claimed by the United States (including + conversion of the land to fee simple interest) that + occurred after the date described in subparagraph + (A).''; and + (4) in subsection (c) (as designated by paragraph (2)(A)), + by adding at the end the following: + ``(2) Technical and limited revisions.--Subject to section + 102(k), notwithstanding any other provision of this section, + the Secretary of the Interior (referred to in this title as the + `Secretary'), by publication in the Federal Register of a + revised boundary map or other description, may make-- + ``(A) such technical boundary revisions as the + Secretary determines to be appropriate to the permanent + boundaries of the Park (including any property of the + Park located within the Schoodic Peninsula and Isle Au + Haut districts) to resolve issues resulting from causes + such as survey error or changed road alignments; and + ``(B) such limited boundary revisions as the + Secretary determines to be appropriate to the permanent + boundaries of the Park to take into account + acquisitions or losses, by exchange, donation, or + purchase from willing sellers using donated or + appropriated funds, of land adjacent to or within the + Park, respectively, in any case in which the total + acreage of the land to be so acquired or lost is less + than 10 acres, subject to the condition that-- + ``(i) any such boundary revision shall not + be a part of a more-comprehensive boundary + revision; and + ``(ii) all such boundary revisions, + considered collectively with any technical + boundary revisions made pursuant to + subparagraph (A), do not increase the size of + the Park by more than a total of 100 acres, as + compared to the size of the Park on the date of + enactment of this paragraph.''. + (b) Limitation on Acquisitions of Land for Acadia National Park.-- +Section 102 of Public Law 99-420 (16 U.S.C. 341 note) is amended-- + (1) in subsection (a), in the matter preceding paragraph + (1), by striking ``of the Interior (hereinafter in this title + referred to as `the Secretary')''; + (2) in subsection (d)(1), in the first sentence, by + striking ``the the'' and inserting ``the''; + (3) in subsection (k)-- + (A) by redesignating the subsection as paragraph + (4) and indenting the paragraph appropriately; and + (B) by moving the paragraph so as to appear at the + end of subsection (b); and + (4) by adding at the end the following: + ``(k) Requirements.--Before revising the boundaries of the Park +pursuant to this section or section 101(c)(2)(B), the Secretary shall-- + ``(1) certify that the proposed boundary revision will + contribute to, and is necessary for, the proper preservation, + protection, interpretation, or management of the Park; + ``(2) consult with the governing body of each county, city, + town, or other jurisdiction with primary taxing authority over + the land or interest in land to be acquired regarding the + impacts of the proposed boundary revision; + ``(3) obtain from each property owner the land or interest + in land of which is proposed to be acquired for, or lost from, + the Park written consent for the proposed boundary revision; + and + ``(4) submit to the Acadia National Park Advisory + Commission established by section 103(a), the Committee on + Natural Resources of the House of Representatives, the + Committee on Energy and Natural Resources of the Senate, and + the Maine Congressional Delegation a written notice of the + proposed boundary revision. + ``(l) Limitation.--The Secretary may not use the authority provided +by section 100506 of title 54, United States Code, to adjust the +permanent boundaries of the Park pursuant to this title.''. + (c) Acadia National Park Advisory Commission.-- + (1) In general.--The Secretary shall reestablish and + appoint members to the Acadia National Park Advisory Commission + in accordance with section 103 of Public Law 99-420 (16 U.S.C. + 341 note). + (2) Conforming amendment.--Section 103 of Public Law 99-420 + (16 U.S.C. 341 note) is amended by striking subsection (f). + (d) Repeal of Certain Provisions Relating to Acadia National +Park.--The following are repealed: + (1) Section 3 of the Act of February 26, 1919 (40 Stat. + 1178, chapter 45). + (2) The first section of the Act of January 19, 1929 (45 + Stat. 1083, chapter 77). + (e) Modification of Use Restriction.--The Act of August 1, 1950 (64 +Stat. 383, chapter 511), is amended-- + (1) by striking ``That the Secretary'' and inserting the + following: + +``SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK. + + ``The Secretary''; and + (2) by striking ``for school purposes'' and inserting ``for + public purposes, subject to the conditions that use of the land + shall not degrade or adversely impact the resources or values + of Acadia National Park and that the land shall remain in + public ownership for recreational, educational, or similar + public purposes''. + (f) Continuation of Certain Traditional Uses.--Title I of Public +Law 99-420 (16 U.S.C. 341 note) is amended by adding at the end the +following: + +``SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES. + + ``(a) Definitions.--In this section: + ``(1) Land within the park.--The term `land within the + Park' means land owned or controlled by the United States-- + ``(A) that is within the boundary of the Park + established by section 101; or + ``(B)(i) that is outside the boundary of the Park; + and + ``(ii) in which the Secretary has or acquires a + property interest or conservation easement pursuant to + this title. + ``(2) Marine species; marine worm; shellfish.--The terms + `marine species', `marine worm', and `shellfish' have the + meanings given those terms in section 6001 of title 12 of the + Maine Revised Statutes (as in effect on the date of enactment + of this section). + ``(3) State law.--The term `State law' means the law + (including regulations) of the State of Maine, including the + common law. + ``(4) Taking.--The term `taking' means the removal or + attempted removal of a marine species, marine worm, or + shellfish from the natural habitat of the marine species, + marine worm, or shellfish. + ``(b) Continuation of Traditional Uses.--The Secretary shall allow +for the traditional taking of marine species, marine worms, and +shellfish, on land within the Park between the mean high watermark and +the mean low watermark in accordance with State law.''. + (g) Conveyance of Certain Land in Acadia National Park to the Town +of Bar Harbor, Maine.-- + (1) In general.--The Secretary shall convey to the Town of + Bar Harbor all right, title, and interest of the United States + in and to the .29-acre parcel of land in Acadia National Park + identified as lot 110-055-000 on the tax map of the Town of Bar + Harbor for section 110, dated April 1, 2015, to be used for-- + (A) a solid waste transfer facility; or + (B) other public purposes consistent with uses + allowed under the Act of June 14, 1926 (commonly known + as the ``Recreation and Public Purposes Act'') (44 + Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). + (2) Reversion.--If the land conveyed under paragraph (1) is + used for a purpose other than a purpose described in that + paragraph, the land shall, at the discretion of the Secretary, + revert to the United States. + +SEC. 2109. AUTHORITY OF SECRETARY OF THE INTERIOR TO ACCEPT CERTAIN + PROPERTIES, MISSOURI. + + (a) Ste. Genevieve National Historical Park.--Section 7134(a)(3) of +the Energy and Natural Resources Act of 2017 (as enacted into law by +section 121(a)(2) of division G of the Consolidated Appropriations Act, +2018 (Public Law 115-141)) is amended by striking ```Ste. Genevieve +National Historical Park Proposed Boundary', numbered 571/132,626, and +dated May 2016'' and inserting ```Ste. Genevieve National Historical +Park Proposed Boundary Addition', numbered 571/149,942, and dated +December 2018''. + (b) Harry S Truman National Historic Site.--Public Law 98-32 (54 +U.S.C. 320101 note) is amended-- + (1) in section 3, by striking the section designation and + all that follows through ``is authorized'' and inserting the + following: + +``SEC. 4. AUTHORIZATION OF APPROPRIATIONS. + + ``There are authorized''; + (2) in section 2-- + (A) in the second sentence, by striking ``The + Secretary is further authorized, in the administration + of the site, to'' and inserting the following: + ``(b) Use by Margaret Truman Daniel.--In administering the Harry S +Truman National Historic Site, the Secretary may''; and + (B) by striking the section designation and all + that follows through ``and shall be'' in the first + sentence and inserting the following: + +``SEC. 3. DESIGNATION; USE BY MARGARET TRUMAN DANIEL. + + ``(a) Designation.--Any property acquired pursuant to section 2-- + ``(1) is designated as the `Harry S Truman National + Historic Site'; and + ``(2) shall be''; and + (3) in the first section-- + (A) by redesignating subsection (e) as paragraph + (2), indenting the paragraph appropriately, and moving + the paragraph so as to appear at the end of subsection + (c); + (B) in subsection (c)-- + (i) by striking the subsection designation + and all that follows through ``authorized to'' + and inserting the following: + ``(c) Truman Farm Home.-- + ``(1) In general.--The Secretary may''; and + (ii) in paragraph (2) (as redesignated by + subparagraph (A))-- + (I) by striking ``Farm House'' and + inserting ``Farm Home''; and + (II) by striking the paragraph + designation and all that follows + through ``authorized and directed to'' + and inserting the following: + ``(2) Technical and planning assistance.--The Secretary + shall''; + (C) in subsection (b)-- + (i) by striking ``(b)(1) The Secretary is + further authorized to'' and inserting the + following: + ``(b) Noland/Haukenberry and Wallace Houses.-- + ``(1) In general.--The Secretary may''; and + (ii) in paragraph (1), by indenting + subparagraphs (A) and (B) appropriately; + (D) by adding at the end the following: + ``(e) Additional Land in Independence for Visitor Center.-- + ``(1) In general.--The Secretary may acquire, by donation + from the city of Independence, Missouri, the land described in + paragraph (2) for-- + ``(A) inclusion in the Harry S Truman National + Historic Site; and + ``(B) if the Secretary determines appropriate, use + as a visitor center of the historic site, which may + include administrative services. + ``(2) Description of land.--The land referred to in + paragraph (1) consists of the approximately 1.08 acres of + land-- + ``(A) owned by the city of Independence, Missouri; + ``(B) designated as Lots 6 through 19, DELAYS + Subdivision, a subdivision in Independence, Jackson + County, Missouri; and + ``(C) located in the area of the city bound by + Truman Road on the south, North Lynn Street on the + west, East White Oak Street on the north, and the city + transit center on the east. + ``(3) Boundary modification.--On acquisition of the land + under this subsection, the Secretary shall modify the boundary + of the Harry S Truman National Historic Site to reflect that + acquisition.''; and + (E) in subsection (a)-- + (i) in the second sentence, by striking + ``The Secretary may also acquire, by any of the + above means, fixtures,'' and inserting the + following: + ``(2) Fixtures and personal property.--The Secretary may + acquire, by any means described in paragraph (1), any + fixtures''; and + (ii) in the first sentence-- + (I) by striking ``of the Interior + (hereinafter referred to as the + `Secretary')''; and + (II) by striking ``That (a) in + order to'' and inserting the following: + +``SECTION 1. SHORT TITLE; DEFINITION OF SECRETARY. + + ``(a) Short Title.--This Act may be cited as the `Harry S Truman +National Historic Site Establishment Act'. + ``(b) Definition of Secretary.--In this Act, the term `Secretary' +means the Secretary of the Interior. + +``SEC. 2. PURPOSE; ACQUISITION OF PROPERTY. + + ``(a) Purpose; Acquisition.-- + ``(1) In general.--To''. + +SEC. 2110. HOME OF FRANKLIN D. ROOSEVELT NATIONAL HISTORIC SITE. + + (a) Land Acquisition.--The Secretary may acquire, by donation, +purchase from a willing seller using donated or appropriated funds, or +exchange, the approximately 89 acres of land identified as the ``Morgan +Property'' and generally depicted on the map entitled ``Home of +Franklin D. Roosevelt National Historic Site, Proposed Park Addition'', +numbered 384/138,461, and dated May 2017. + (b) Availability of Map.--The map referred to in subsection (a) +shall be available for public inspection in the appropriate offices of +the National Park Service. + (c) Boundary Adjustment; Administration.--On acquisition of the +land referred to in subsection (a), the Secretary shall-- + (1) adjust the boundary of the Home of Franklin D. + Roosevelt National Historic Site to reflect the acquisition; + and + (2) administer the acquired land as part of the Home of + Franklin D. Roosevelt National Historic Site, in accordance + with applicable laws. + + Subtitle C--National Park System Redesignations + +SEC. 2201. DESIGNATION OF SAINT-GAUDENS NATIONAL HISTORICAL PARK. + + (a) In General.--The Saint-Gaudens National Historic Site shall be +known and designated as the ``Saint-Gaudens National Historical Park''. + (b) Amendments to Public Law 88-543.--Public Law 88-543 (78 +Stat.749) is amended-- + (1) by striking ``National Historic Site'' each place it + appears and inserting ``National Historical Park''; + (2) in section 2(a), by striking ``historic site'' and + inserting ``Saint-Gaudens National Historical Park''; + (3) in section 3, by-- + (A) striking ``national historical site'' and + inserting ``Saint-Gaudens National Historical Park''; + and + (B) striking ``part of the site'' and inserting + ``part of the park''; and + (4) in section 4(b), by striking ``traditional to the + site'' and inserting ``traditional to the park''. + (c) References.--Any reference in any law, regulation, document, +record, map, or other paper of the United States to the Saint-Gaudens +National Historic Site shall be considered to be a reference to the +``Saint-Gaudens National Historical Park''. + +SEC. 2202. REDESIGNATION OF ROBERT EMMET PARK. + + (a) Redesignation.--The small triangular property designated by the +National Park Service as reservation 302, shall be known as ``Robert +Emmet Park''. + (b) Reference.--Any reference in any law, regulation, document, +record, map, paper, or other record of the United States to the +property referred to in subsection (a) is deemed to be a reference to +``Robert Emmet Park''. + (c) Signage.--The Secretary may post signs on or near Robert Emmet +Park that include 1 or more of the following: + (1) Information on Robert Emmet, his contribution to Irish + Independence, and his respect for the United States and the + American Revolution. + (2) Information on the history of the statue of Robert + Emmet located in Robert Emmet Park. + +SEC. 2203. FORT SUMTER AND FORT MOULTRIE NATIONAL HISTORICAL PARK. + + (a) Definitions.--In this section: + (1) Map.--The term ``map'' means the map entitled + ``Boundary Map, Fort Sumter and Fort Moultrie National + Historical Park'', numbered 392/80,088, and dated August 2009. + (2) Park.--The term ``Park'' means the Fort Sumter and Fort + Moultrie National Historical Park established by subsection + (b). + (3) State.--The term ``State'' means the State of South + Carolina. + (4) Sullivan's island life saving station historic + district.--The term ``Sullivan's Island Life Saving Station + Historic District'' means the Charleston Lighthouse, the + boathouse, garage, bunker/sighting station, signal tower, and + any associated land and improvements to the land that are + located between Sullivan's Island Life Saving Station and the + mean low water mark. + (b) Establishment.--There is established the Fort Sumter and Fort +Moultrie National Historical Park in the State as a single unit of the +National Park System to preserve, maintain, and interpret the +nationally significant historical values and cultural resources +associated with Fort Sumter National Monument, Fort Moultrie National +Monument, and the Sullivan's Island Life Saving Station Historic +District. + (c) Boundary.--The boundary of the Park shall be as generally +depicted on the map. + (d) Availability of Map.--The map shall be on file and available +for public inspection in the appropriate offices of the National Park +Service. + (e) Administration.-- + (1) In general.--The Secretary, acting through the Director + of the National Park Service, shall administer the Park in + accordance with this section and the laws generally applicable + to units of the National Park System, including-- + (A) section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753, and 102101 of title 54, + United States Code; and + (B) chapter 3201 of title 54, United States Code. + (2) Interpretation of historical events.--The Secretary + shall provide for the interpretation of historical events and + activities that occurred in the vicinity of Fort Sumter and + Fort Moultrie, including-- + (A) the Battle of Sullivan's Island on June 28, + 1776; + (B) the Siege of Charleston during 1780; + (C) the Civil War, including-- + (i) the bombardment of Fort Sumter by + Confederate forces on April 12, 1861; and + (ii) any other events of the Civil War that + are associated with Fort Sumter and Fort + Moultrie; + (D) the development of the coastal defense system + of the United States during the period from the + Revolutionary War to World War II, including-- + (i) the Sullivan's Island Life Saving + Station; + (ii) the lighthouse associated with the + Sullivan's Island Life Saving Station; and + (iii) the coastal defense sites constructed + during the period of fortification construction + from 1898 to 1942, known as the ``Endicott + Period''; and + (E) the lives of-- + (i) the free and enslaved workers who built + and maintained Fort Sumter and Fort Moultrie; + (ii) the soldiers who defended the forts; + (iii) the prisoners held at the forts; and + (iv) captive Africans bound for slavery + who, after first landing in the United States, + were brought to quarantine houses in the + vicinity of Fort Moultrie in the 18th century, + if the Secretary determines that the quarantine + houses and associated historical values are + nationally significant. + (f) Cooperative Agreements.--The Secretary may enter into +cooperative agreements with public and private entities and individuals +to carry out this section. + (g) Repeal of Existing Law.--Section 2 of the Joint Resolution +entitled ``Joint Resolution to establish the Fort Sumter National +Monument in the State of South Carolina'', approved April 28, 1948 (16 +U.S.C. 450ee-1), is repealed. + +SEC. 2204. RECONSTRUCTION ERA NATIONAL HISTORICAL PARK AND + RECONSTRUCTION ERA NATIONAL HISTORIC NETWORK. + + (a) Definitions.--In this section: + (1) Historical park.--The term ``historical park'' means + the Reconstruction Era National Historical Park. + (2) Map.--The term ``Map'' means the maps entitled + ``Reconstruction Era National Monument Old Beaufort + Firehouse'', numbered 550/135,755, and dated January 2017; + ``Reconstruction Era National Monument Darrah Hall and Brick + Baptist Church'', numbered 550/135,756, and dated January 2017; + and ``Reconstruction Era National Monument Camp Saxton'', + numbered 550/135,757, and dated January 2017, collectively. + (3) Network.--The term ``Network'' means the Reconstruction + Era National Historic Network established pursuant to this + section. + (b) Reconstruction Era National Historical Park.-- + (1) Redesignation of reconstruction era national + monument.-- + (A) In general.--The Reconstruction Era National + Monument is redesignated as the Reconstruction Era + National Historical Park, as generally depicted on the + Map. + (B) Availability of funds.--Any funds available for + the purposes of the Reconstruction Era National + Monument shall be available for the purposes of the + historical park. + (C) References.--Any references in a law, + regulation, document, record, map, or other paper of + the United States to the Reconstruction Era National + Monument shall be considered to be a reference to the + historical park. + (2) Boundary expansion.-- + (A) Beaufort national historic landmark district.-- + Subject to subparagraph (D), the Secretary is + authorized to acquire land or interests in land within + the Beaufort National Historic Landmark District that + has historic connection to the Reconstruction Era. Upon + finalizing an agreement to acquire land, the Secretary + shall expand the boundary of the historical park to + encompass the property. + (B) St. helena island.--Subject to subparagraph + (D), the Secretary is authorized to acquire the + following and shall expand the boundary of the + historical park to include acquisitions under this + authority: + (i) Land and interests in land adjacent to + the existing boundary on St. Helena Island, + South Carolina, as reflected on the Map. + (ii) Land or interests in land on St. + Helena Island, South Carolina, that has a + historic connection to the Reconstruction Era. + (C) Camp saxton.--Subject to subparagraph (D), the + Secretary is authorized to accept administrative + jurisdiction of Federal land or interests in Federal + land adjacent to the existing boundary at Camp Saxton, + as reflected on the Map. Upon finalizing an agreement + to accept administrative jurisdiction of Federal land + or interests in Federal land, the Secretary shall + expand the boundary of the historical park to encompass + that Federal land or interests in Federal land. + (D) Land acquisition authority.--The Secretary may + only acquire land under this section by donation, + exchange, or purchase with donated funds. + (3) Administration.-- + (A) In general.--The Secretary shall administer the + historical park in accordance with this section and + with the laws generally applicable to units of the + National Park System. + (B) Management plan.--If the management plan for + the Reconstruction Era National Monument-- + (i) has not been completed on or before the + date of enactment of this Act, the Secretary + shall incorporate all provisions of this + section into the planning process and complete + a management plan for the historical park + within 3 years; and + (ii) has been completed on or before the + date of enactment of this Act, the Secretary + shall update the plan incorporating the + provisions of this section. + (c) Reconstruction Era National Historic Network.-- + (1) In general.--The Secretary shall-- + (A) establish, within the National Park Service, a + program to be known as the ``Reconstruction Era + National Historic Network''; + (B) not later than 1 year after the date of + enactment of this Act, solicit proposals from sites + interested in being a part of the Network; and + (C) administer the Network through the historical + park. + (2) Duties of secretary.--In carrying out the Network, the + Secretary shall-- + (A) review studies and reports to complement and + not duplicate studies of the historical importance of + Reconstruction Era that may be underway or completed, + such as the National Park Service Reconstruction + Handbook and the National Park Service Theme Study on + Reconstruction; + (B) produce and disseminate appropriate educational + and promotional materials relating to the + Reconstruction Era and the sites in the Network, such + as handbooks, maps, interpretive guides, or electronic + information; + (C) enter into appropriate cooperative agreements + and memoranda of understanding to provide technical + assistance; + (D)(i) create and adopt an official, uniform symbol + or device for the Network; and + (ii) issue regulations for the use of the symbol or + device adopted under clause (i); and + (E) conduct research relating to Reconstruction and + the Reconstruction Era. + (3) Elements.--The Network shall encompass the following + elements: + (A) All units and programs of the National Park + Service that are determined by the Secretary to relate + to the Reconstruction Era. + (B) Other Federal, State, local, and privately + owned properties that the Secretary determines-- + (i) relate to the Reconstruction Era; and + (ii) are included in, or determined by the + Secretary to be eligible for inclusion in, the + National Register of Historic Places. + (C) Other governmental and nongovernmental sites, + facilities, and programs of an educational, research, + or interpretive nature that are directly related to the + Reconstruction Era. + (4) Cooperative agreements and memoranda of + understanding.--To achieve the purposes of this section and to + ensure effective coordination of the Federal and non-Federal + elements of the Network and units and programs of the National + Park Service, the Secretary may enter into cooperative + agreements and memoranda of understanding with, and provide + technical assistance to, the heads of other Federal agencies, + States, units of local government, regional governmental + bodies, and private entities. + +SEC. 2205. GOLDEN SPIKE NATIONAL HISTORICAL PARK. + + (a) Definitions.--In this section: + (1) Park.--The term ``Park'' means the Golden Spike + National Historical Park designated by subsection (b)(1). + (2) Program.--The term ``Program'' means the program to + commemorate and interpret the Transcontinental Railroad + authorized under subsection (c). + (3) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the National Park Service. + (4) Transcontinental railroad.--The term ``Transcontinental + Railroad'' means the approximately 1,912-mile continuous + railroad constructed between 1863 and 1869 extending from + Council Bluffs, Iowa, to San Francisco, California. + (b) Redesignation.-- + (1) Redesignation.--The Golden Spike National Historic Site + designated April 2, 1957, and placed under the administration + of the National Park Service under Public Law 89-102 (54 U.S.C. + 320101 note; 79 Stat. 426), shall be known and designated as + the ``Golden Spike National Historical Park''. + (2) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the + Golden Spike National Historic Site shall be considered to be a + reference to the ``Golden Spike National Historical Park''. + (c) Transcontinental Railroad Commemoration and Program.-- + (1) In general.--Subject to paragraph (2), the Secretary + shall establish within the National Park Service a program to + commemorate and interpret the Transcontinental Railroad. + (2) Study.--Before establishing the Program, the Secretary + shall conduct a study of alternatives for commemorating and + interpreting the Transcontinental Railroad that includes-- + (A) a historical assessment of the Transcontinental + Railroad; + (B) the identification of-- + (i) existing National Park System land and + affiliated areas, land managed by other Federal + agencies, and Federal programs that may be + related to preserving, commemorating, and + interpreting the Transcontinental Railroad; + (ii) any properties relating to the + Transcontinental Railroad-- + (I) that are designated as, or + could meet the criteria for designation + as, National Historic Landmarks; or + (II) that are included, or eligible + for inclusion, on the National Register + of Historic Places; + (iii) any objects relating to the + Transcontinental Railroad that have + educational, research, or interpretative value; + and + (iv) any governmental programs and + nongovernmental programs of an educational, + research, or interpretive nature relating to + the Transcontinental Railroad; and + (C) recommendations for-- + (i) incorporating the resources identified + under subparagraph (B) into the Program; and + (ii) other appropriate ways to enhance + historical research, education, interpretation, + and public awareness of the Transcontinental + Railroad. + (3) Report.--Not later than 3 years after the date on which + funds are made available to carry out the study under paragraph + (2), the Secretary shall submit to the Committee on Natural + Resources of the House of Representatives and the Committee on + Energy and Natural Resources of the Senate a report containing + the findings and recommendations of the study. + (4) Freight railroad operations.--The Program shall not + include any properties that are-- + (A) used in active freight railroad operations (or + other ancillary purposes); or + (B) reasonably anticipated to be used for freight + railroad operations in the future. + (5) Elements of the program.--In carrying out the Program + under this subsection, the Secretary-- + (A) shall produce and disseminate appropriate + education materials relating to the history, + construction, and legacy of the Transcontinental + Railroad, such as handbooks, maps, interpretive guides, + or electronic information; + (B) may enter into appropriate cooperative + agreements and memoranda of understanding and provide + technical assistance to the heads of other Federal + agencies, States, units of local government, regional + governmental bodies, and private entities to further + the purposes of the Program and this section; and + (C) may-- + (i) create and adopt an official, uniform + symbol or device to identify the Program; and + (ii) issue guidance for the use of the + symbol or device created and adopted under + clause (i). + (d) Programmatic Agreement.-- + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall seek to enter into a + programmatic agreement with the Utah State Historic + Preservation Officer to add to the list of undertakings + eligible for streamlined review under section 306108 of title + 54, United States Code, certain uses that would have limited + physical impact to land in the Park. + (2) Development and consultation.--The programmatic + agreement entered into under paragraph (1) shall be developed-- + (A) in accordance with applicable laws (including + regulations); and + (B) in consultation with adjacent landowners, + Indian Tribes, and other interested parties. + (3) Approval.--The Secretary shall-- + (A) consider any application for uses covered by + the programmatic agreement; and + (B) not later than 60 days after the receipt of an + application described in subparagraph (A), approve the + application, if the Secretary determines the + application is consistent with-- + (i) the programmatic agreement entered into + under paragraph (1); and + (ii) applicable laws (including + regulations). + (e) Invasive Species.--The Secretary shall consult with, and seek +to coordinate with, adjacent landowners to address the treatment of +invasive species adjacent to, and within the boundaries of, the Park. + +SEC. 2206. WORLD WAR II PACIFIC SITES. + + (a) Pearl Harbor National Memorial, Hawai'i.-- + (1) Definitions.--In this subsection: + (A) Map.--The term ``Map'' means the map entitled + ``Pearl Harbor National Memorial--Proposed Boundary'', + numbered 580/140,514, and dated November 2017. + (B) National memorial.--The term ``National + Memorial'' means the Pearl Harbor National Memorial + established by paragraph (2)(A)(i). + (2) Pearl harbor national memorial.-- + (A) Establishment.-- + (i) In general.--There is established the + Pearl Harbor National Memorial in the State of + Hawai'i as a unit of the National Park System. + (ii) Boundaries.--The boundaries of the + National Memorial shall be the boundaries + generally depicted on the Map. + (iii) Availability of map.--The Map shall + be on file and available for public inspection + in appropriate offices of the National Park + Service. + (B) Purposes.--The purposes of the National + Memorial are to preserve, interpret, and commemorate + for the benefit of present and future generations the + history of World War II in the Pacific from the events + leading to the December 7, 1941, attack on O'ahu, to + peace and reconciliation. + (3) Administration.--The Secretary shall administer the + National Memorial in accordance with this subsection, section + 121 of Public Law 111-88 (123 Stat. 2930), and the laws + generally applicable to units of the National Park System + including-- + (A) section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753, and 102101 of title 54, + United States Code; and + (B) chapter 3201 of title 54, United States Code. + (4) Removal of pearl harbor national memorial from the + world war ii valor in the pacific national monument.-- + (A) Boundaries.--The boundaries of the World War II + Valor in the Pacific National Monument are revised to + exclude from the monument the land and interests in + land identified as the ``Pearl Harbor National + Memorial'', as depicted on the Map. + (B) Incorporation into national memorial.-- + (i) In general.--The land and interests in + land excluded from the monument under + subparagraph (A) are incorporated in and made + part of the National Memorial in accordance + with this subsection. + (ii) Use of funds.--Any funds for the + purposes of the land and interests in land + excluded from the monument under subparagraph + (A) shall be made available for the purposes of + the National Memorial. + (iii) References.--Any reference in a law + (other than this section), regulation, + document, record, map, or other paper of the + United States to resources in the State of + Hawai'i included in the World War II Valor in + the Pacific National Monument shall be + considered a reference to the ``Pearl Harbor + National Memorial''. + (b) Tule Lake National Monument, California.-- + (1) In general.--The areas of the World War II Valor in the + Pacific National Monument located in the State of California, + as established by Presidential Proclamation 8327 (73 Fed. Reg. + 75293; December 10, 2008), are redesignated as the ``Tule Lake + National Monument''. + (2) Administration.--The Secretary shall administer the + Tule Lake National Monument in accordance with the provisions + of Presidential Proclamation 8327 (73 Fed. Reg. 75293; December + 10, 2008) applicable to the sites and resources in the State of + California that are subject to that proclamation. + (3) References.--Any reference in a law (other than this + section), regulation, document, record, map, or other paper of + the United States to resources in the State of California + included in the World War II Valor in the Pacific National + Monument shall be considered to be a reference to ``Tule Lake + National Monument''. + (c) Aleutian Islands World War II National Monument, Alaska.-- + (1) In general.--The areas of the World War II Valor in the + Pacific National Monument located in the State of Alaska, as + established by Presidential Proclamation 8327 (73 Fed. Reg. + 75293; December 10, 2008), are redesignated as the ``Aleutian + Islands World War II National Monument''. + (2) Administration.--The Secretary shall administer the + Aleutian Islands World War II National Monument in accordance + with the provisions of Presidential Proclamation 8327 (73 Fed. + Reg. 75293; December 10, 2008) applicable to the sites and + resources in the State of Alaska that are subject to that + proclamation. + (3) References.--Any reference in a law (other than this + section), regulation, document, record, map, or other paper of + the United States to the sites and resources in the State of + Alaska included in the World War II Valor in the Pacific + National Monument shall be considered to be a reference to the + ``Aleutian Islands World War II National Monument''. + (d) Honouliuli National Historic Site, Hawai'i.-- + (1) Definitions.--In this subsection: + (A) Historic site.--The term ``Historic Site'' + means the Honouliuli National Historic Site established + by paragraph (2)(A)(i). + (B) Map.--The term ``Map'' means the map entitled + ``Honouliuli National Historic Site--Proposed + Boundary'', numbered 680/139428, and dated June 2017. + (2) Honouliuli national historic site.-- + (A) Establishment.-- + (i) In general.--There is established the + Honouliuli National Historic Site in the State + of Hawai'i as a unit of the National Park + System. + (ii) Boundaries.--The boundaries of the + Historic Site shall be the boundaries generally + depicted on the Map. + (iii) Availability of map.--The Map shall + be on file and available for public inspection + in appropriate offices of the National Park + Service. + (B) Purposes.--The purposes of the Historic Site + are to preserve and interpret for the benefit of + present and future generations the history associated + with the internment and detention of civilians of + Japanese and other ancestries during World War II in + Hawai'i, the impacts of war and martial law on society + in the Hawaiian Islands, and the co-location and + diverse experiences of Prisoners of War at the + Honouliuli Internment Camp site. + (3) Administration.-- + (A) In general.--The Secretary shall administer the + Historic Site in accordance with this subsection and + the laws generally applicable to units of the National + Park System, including-- + (i) section 100101(a), chapter 1003, and + sections 100751(a), 100752, 100753, and 102101 + of title 54, United States Code; and + (ii) chapter 3201 of title 54, United + States Code. + (B) Partnerships.-- + (i) In general.--The Secretary may enter + into agreements with, or acquire easements + from, the owners of property adjacent to the + Historic Site to provide public access to the + Historic Site. + (ii) Interpretation.--The Secretary may + enter into cooperative agreements with + governmental and nongovernmental organizations + to provide for interpretation at the Historic + Site. + (C) Shared resources.--To the maximum extent + practicable, the Secretary may use the resources of the + Pearl Harbor National Memorial to administer the + Historic Site. + (4) Abolishment of honouliuli national monument.-- + (A) In general.--In light of the establishment of + the Honouliuli National Historic Site, the Honouliuli + National Monument is abolished and the lands and + interests therein are incorporated within and made part + of Honouliuli National Historic Site. Any funds + available for purposes of Honouliuli National Monument + shall be available for purposes of the Historic Site. + (B) References.--Any references in law (other than + in this section), regulation, document, record, map or + other paper of the United States to Honouliuli National + Monument shall be considered a reference to Honouliuli + National Historic Site. + + Subtitle D--New Units of the National Park System + +SEC. 2301. MEDGAR AND MYRLIE EVERS HOME NATIONAL MONUMENT. + + (a) Definitions.--In this section: + (1) College.--The term ``College'' means Tougaloo College, + a private educational institution located in Tougaloo, + Mississippi. + (2) Historic district.--The term ``Historic District'' + means the Medgar Evers Historic District, as included on the + National Register of Historic Places, and as generally depicted + on the Map. + (3) Map.--The term ``Map'' means the map entitled ``Medgar + and Myrlie Evers Home National Monument'', numbered 515/142561, + and dated September 2018. + (4) Monument.--The term ``Monument'' means the Medgar and + Myrlie Evers Home National Monument established by subsection + (b). + (5) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the National Park Service. + (b) Establishment.-- + (1) In general.--Subject to paragraph (2), there is + established the Medgar and Myrlie Evers Home National Monument + in the State of Mississippi as a unit of the National Park + System to preserve, protect, and interpret for the benefit of + present and future generations resources associated with the + pivotal roles of Medgar and Myrlie Evers in the American Civil + Rights Movement. + (2) Determination by the secretary.--The Monument shall not + be established until the date on which the Secretary determines + that a sufficient quantity of land or interests in land has + been acquired to constitute a manageable park unit. + (c) Boundaries.--The boundaries of the Monument shall be the +boundaries generally depicted on the Map. + (d) Availability of Map.--The Map shall be on file and available +for public inspection in the appropriate offices of the National Park +Service. + (e) Acquisition Authority.--The Secretary may only acquire any land +or interest in land located within the boundary of the Monument by-- + (1) donation; + (2) purchase from a willing seller with donated or + appropriated funds; or + (3) exchange. + (f) Administration.-- + (1) In general.--The Secretary shall administer the + Monument in accordance with-- + (A) this section; and + (B) the laws generally applicable to units of the + National Park System, including-- + (i) section 100101(a), chapter 1003, and + sections 100751(a), 100752, 100753, and 102101 + of title 54, United States Code; and + (ii) chapter 3201 of title 54, United + States Code. + (2) Management plan.-- + (A) In general.--Not later than 3 years after the + date on which funds are first made available to the + Secretary for this purpose, the Secretary shall prepare + a general management plan for the Monument in + accordance with section 100502 of title 54, United + States Code. + (B) Submission.--On completion of the general + management plan under subparagraph (A), the Secretary + shall submit it to the Committee on Natural Resources + of the House of Representatives and the Committee on + Energy and Natural Resources of the Senate. + (g) Agreements.-- + (1) Monument.--The Secretary-- + (A) shall seek to enter into an agreement with the + College to provide interpretive and educational + services relating to the Monument; and + (B) may enter into agreements with the College and + other entities for the purposes of carrying out this + section. + (2) Historic district.--The Secretary may enter into + agreements with the owner of a nationally significant property + within the Historic District, to identify, mark, interpret, and + provide technical assistance with respect to the preservation + and interpretation of the property. + +SEC. 2302. MILL SPRINGS BATTLEFIELD NATIONAL MONUMENT. + + (a) Definitions.--In this section: + (1) Map.--The term ``Map'' means the map entitled ``Mill + Springs Battlefield National Monument, Nancy, Kentucky'', + numbered 297/145513, and dated June 2018. + (2) Monument.--The term ``Monument'' means the Mill Springs + Battlefield National Monument established by subsection (b)(1). + (3) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the National Park Service. + (b) Establishment.-- + (1) In general.--Subject to paragraph (2), there is + established as a unit of the National Park System, the Mill + Springs Battlefield National Monument in the State of Kentucky, + to preserve, protect, and interpret for the benefit of present + and future generations-- + (A) the nationally significant historic resources + of the Mill Springs Battlefield; and + (B) the role of the Mill Springs Battlefield in the + Civil War. + (2) Determination by the secretary.--The Monument shall not + be established until the date on which the Secretary determines + that a sufficient quantity of land or interests in land has + been acquired to constitute a manageable park unit. + (3) Notice.--Not later than 30 days after the date on which + the Secretary makes a determination under paragraph (2), the + Secretary shall publish in the Federal Register notice of the + establishment of the Monument. + (4) Boundary.--The boundary of the Monument shall be as + generally depicted on the Map. + (5) Availability of map.--The Map shall be on file and + available for public inspection in the appropriate offices of + the National Park Service. + (6) Acquisition authority.--The Secretary may only acquire + land or an interest in land located within the boundary of the + Monument by-- + (A) donation; + (B) purchase from a willing seller with donated or + appropriated funds; or + (C) exchange. + (c) Administration.-- + (1) In general.--The Secretary shall administer the + Monument in accordance with-- + (A) this section; and + (B) the laws generally applicable to units of the + National Park System, including-- + (i) section 100101(a), chapter 1003, and + sections 100751(a), 100752, 100753, and 102101 + of title 54, United States Code; and + (ii) chapter 3201 of title 54, United + States Code. + (2) Management plan.-- + (A) In general.--Not later than 3 years after the + date on which funds are first made available to prepare + a general management plan for the Monument, the + Secretary shall prepare the general management plan in + accordance with section 100502 of title 54, United + States Code. + (B) Submission to congress.--On completion of the + general management plan, the Secretary shall submit to + the Committee on Natural Resources of the House of + Representatives and the Committee on Energy and Natural + Resources of the Senate the general management plan. + (d) Private Property Protection.--Nothing in this section affects +the land use rights of private property owners within or adjacent to +the Monument. + (e) No Buffer Zones.-- + (1) In general.--Nothing in this section creates a + protective perimeter or buffer zone around the Monument. + (2) Activities outside national monument.--The fact that an + activity or use on land outside the Monument can be seen or + heard within the Monument shall not preclude the activity or + use outside the boundary of the Monument. + +SEC. 2303. CAMP NELSON HERITAGE NATIONAL MONUMENT. + + (a) Definitions.--In this section: + (1) Map.--The term ``Map'' means the map entitled ``Camp + Nelson Heritage National Monument Nicholasville, Kentucky'', + numbered 532/144,148, and dated April 2018. + (2) Monument.--The term ``Monument'' means the Camp Nelson + Heritage National Monument established by subsection (b)(1). + (3) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the National Park Service. + (b) Establishment.-- + (1) In general.--Subject to paragraph (2), there is + established, as a unit of the National Park System, the Camp + Nelson Heritage National Monument in the State of Kentucky, to + preserve, protect, and interpret for the benefit of present and + future generations, the nationally significant historic + resources of Camp Nelson and the role of Camp Nelson in the + American Civil War, Reconstruction, and African American + history and civil rights. + (2) Conditions.--The Monument shall not be established + until after the Secretary-- + (A) has entered into a written agreement with the + owner of any private or non-Federal land within the + boundary of the Monument, as depicted on the Map, + providing that the property shall be donated to the + United States for inclusion in the Monument, to be + managed consistently with the purposes of the Monument; + and + (B) has determined that sufficient land or + interests in land have been acquired within the + boundary of the Monument to constitute a manageable + unit. + (c) Boundaries.--The boundaries of the Monument shall be the +boundaries generally depicted on the Map. + (d) Availability of Map.--The Map shall be on file and available +for public inspection in the appropriate offices of the National Park +Service. + (e) Acquisition Authority.--The Secretary may only acquire any land +or interest in land located within the boundary of the Monument by +donation, purchase with donated or appropriated funds, or exchange. + (f) Administration.-- + (1) In general.--The Secretary shall administer the + Monument in accordance with-- + (A) this section; + (B) Presidential Proclamation 9811 (83 Fed. Reg. + 54845 (October 31, 2018)); and + (C) the laws generally applicable to units of the + National Park System, including-- + (i) section 100101(a), chapter 1003, and + sections 100751(a), 100752, 100753, and 102101 + of title 54, United States Code; and + (ii) chapter 3201 of title 54, United + States Code. + (2) Management plan.-- + (A) In general.--Not later than 3 years after the + date on which funds are first made available to the + Secretary for the preparation of a general management + plan for the Monument, the Secretary shall prepare a + general management plan for the Monument in accordance + with section 100502 of title 54, United States Code. + (B) Submission to congress.--On completion of the + general management plan, the Secretary shall submit to + the Committee on Energy and Natural Resources of the + Senate and the Committee on Natural Resources of the + House of Representatives the general management plan. + (g) No Buffer Zones.-- + (1) In general.--Nothing in this section creates a + protective perimeter or buffer zone around the Monument. + (2) Activities outside national monument.--The fact that an + activity or use on land outside the Monument can be seen or + heard within the Monument shall not preclude the activity or + use outside the boundary of the Monument. + (h) Conflicts.--If there is conflict between this section and +Proclamation 9811 (83 Fed. Reg. 54845; October 31, 2018), this section +shall control. + + Subtitle E--National Park System Management + +SEC. 2401. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS PIPELINE. + + (a) Permit.--Section 3(b)(1) of the Denali National Park +Improvement Act (Public Law 113-33; 127 Stat. 516) is amended by +striking ``within, along, or near the approximately 7-mile segment of +the George Parks Highway that runs through the Park''. + (b) Terms and Conditions.--Section 3(c)(1) of the Denali National +Park Improvement Act (Public Law 113-33; 127 Stat. 516) is amended-- + (1) in subparagraph (A), by inserting ``and'' after the + semicolon; + (2) by striking subparagraph (B); and + (3) by redesignating subparagraph (C) as subparagraph (B). + (c) Applicable Law.--Section 3 of the Denali National Park +Improvement Act (Public Law 113-33; 127 Stat. 515) is amended by adding +at the end the following: + ``(d) Applicable Law.--A high pressure gas transmission pipeline +(including appurtenances) in a nonwilderness area within the boundary +of the Park, shall not be subject to title XI of the Alaska National +Interest Lands Conservation Act (16 U.S.C. 3161 et seq.).''. + +SEC. 2402. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC + PRESERVATION PROGRAM REAUTHORIZED. + + Section 507(d)(2) of the Omnibus Parks and Public Lands Management +Act of 1996 (54 U.S.C. 302101 note) is amended by striking the period +at the end and inserting ``and each of fiscal years 2019 through +2025.''. + +SEC. 2402A. JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM. + + (a) In General.--Section 2(b) of the Strengthening Coastal +Communities Act of 2018 (Public Law 115-358) is amended by adding at +the end the following: + ``(36) The map entitled `Cape San Blas Unit P30/P30P (1 of + 2)' and dated December 19, 2018, with respect to Unit P30 and + Unit P30P. + ``(37) The map entitled `Cape San Blas Unit P30/P30P (2 of + 2)' and dated December 19, 2018, with respect to Unit P30 and + Unit P30P.''. + (b) Effect.--Section 7003 shall have no force or effect. + +SEC. 2403. AUTHORIZING COOPERATIVE MANAGEMENT AGREEMENTS BETWEEN THE + DISTRICT OF COLUMBIA AND THE SECRETARY OF THE INTERIOR. + + The Secretary may enter into a cooperative management agreement +with the District of Columbia in accordance with section 101703 of +title 54, United States Code. + +SEC. 2404. FEES FOR MEDICAL SERVICES. + + (a) Fees Authorized.--The Secretary may establish and collect fees +for medical services provided to persons in units of the National Park +System or for medical services provided by National Park Service +personnel outside units of the National Park System. + (b) National Park Medical Services Fund.--There is established in +the Treasury a fund, to be known as the ``National Park Medical +Services Fund'' (referred to in this section as the ``Fund''). The Fund +shall consist of-- + (1) donations to the Fund; and + (2) fees collected under subsection (a). + (c) Availability of Amounts.--All amounts deposited into the Fund +shall be available to the Secretary, to the extent provided in advance +by Acts of appropriation, for the following in units of the National +Park System: + (1) Services listed in subsection (a). + (2) Preparing needs assessments or other programmatic + analyses for medical facilities, equipment, vehicles, and other + needs and costs of providing services listed in subsection (a). + (3) Developing management plans for medical facilities, + equipment, vehicles, and other needs and costs of services + listed in subsection (a). + (4) Training related to providing services listed in + subsection (a). + (5) Obtaining or improving medical facilities, equipment, + vehicles, and other needs and costs of providing services + listed in subsection (a). + +SEC. 2405. AUTHORITY TO GRANT EASEMENTS AND RIGHTS-OF-WAY OVER FEDERAL + LANDS WITHIN GATEWAY NATIONAL RECREATION AREA. + + Section 3 of Public Law 92-592 (16 U.S.C. 460cc-2) is amended by +adding at the end the following: + ``(j) Authority To Grant Easements and Rights-of-Way.-- + ``(1) In general.--The Secretary of the Interior may grant, + to any State or local government, an easement or right-of-way + over Federal lands within Gateway National Recreation Area for + construction, operation, and maintenance of projects for + control and prevention of flooding and shoreline erosion. + ``(2) Charges and reimbursement of costs.--The Secretary + may grant such an easement or right-of-way without charge for + the value of the right so conveyed, except for reimbursement of + costs incurred by the United States for processing the + application therefore and managing such right. Amounts received + as such reimbursement shall be credited to the relevant + appropriation account.''. + +SEC. 2406. ADAMS MEMORIAL COMMISSION. + + (a) Commission.--There is established a commission to be known as +the ``Adams Memorial Commission'' (referred to in this section as the +``Commission'') for the purpose of establishing a permanent memorial to +honor John Adams and his legacy as authorized by Public Law 107-62 (115 +Stat. 411), located in the city of Washington, District of Columbia, +including sites authorized by Public Law 107-315 (116 Stat. 2763). + (b) Membership.--The Commission shall be composed of-- + (1) 4 persons appointed by the President, not more than 2 + of whom may be members of the same political party; + (2) 4 Members of the Senate appointed by the President pro + tempore of the Senate in consultation with the Majority Leader + and Minority Leader of the Senate, of which not more than 2 + appointees may be members of the same political party; and + (3) 4 Members of the House of Representatives appointed by + the Speaker of the House of Representatives in consultation + with the Majority Leader and Minority Leader of the House of + Representatives, of which not more than 2 appointees may be + members of the same political party. + (c) Chair and Vice Chair.--The members of the Commission shall +select a Chair and Vice Chair of the Commission. The Chair and Vice +Chair shall not be members of the same political party. + (d) Vacancies.--Any vacancy in the Commission shall not affect its +powers if a quorum is present, but shall be filled in the same manner +as the original appointment. + (e) Meetings.-- + (1) Initial meeting.--Not later than 45 days after the date + on which a majority of the members of the Commission have been + appointed, the Commission shall hold its first meeting. + (2) Subsequent meetings.--The Commission shall meet at the + call of the Chair. + (f) Quorum.--A majority of the members of the Commission shall +constitute a quorum but a lesser number of members may hold hearings. + (g) No Compensation.--A member of the Commission shall serve +without compensation, but may be reimbursed for expenses incurred in +carrying out the duties of the Commission. + (h) Duties.--The Commission shall consider and formulate plans for +a permanent memorial to honor John Adams and his legacy, including the +nature, location, design, and construction of the memorial. + (i) Powers.--The Commission may-- + (1) make such expenditures for services and materials for + the purpose of carrying out this section as the Commission + considers advisable from funds appropriated or received as + gifts for that purpose; + (2) accept gifts, including funds from the Adams Memorial + Foundation, to be used in carrying out this section or to be + used in connection with the construction or other expenses of + the memorial; and + (3) hold hearings, enter into contracts for personal + services and otherwise, and do such other things as are + necessary to carry out this section. + (j) Reports.--The Commission shall-- + (1) report the plans required by subsection (h), together + with recommendations, to the President and the Congress at the + earliest practicable date; and + (2) in the interim, make annual reports on its progress to + the President and the Congress. + (k) Applicability of Other Laws.--The Federal Advisory Committee +Act (5 U.S.C. App.) shall not apply to the Commission. + (l) Termination.--The Commission shall terminate on December 2, +2025. + (m) Amendments to Public Law 107-62.-- + (1) References to commission.--Public Law 107-62 (115 Stat. + 411) is amended by striking ``Adams Memorial Foundation'' each + place it occurs and inserting ``Adams Memorial Commission''. + (2) Extension of authorization.--Section 1(c) of Public Law + 107-62 (115 Stat. 411; 124 Stat. 1192; 127 Stat. 3880) is + amended by striking ``2020'' and inserting ``2025''. + +SEC. 2407. TECHNICAL CORRECTIONS TO REFERENCES TO THE AFRICAN AMERICAN + CIVIL RIGHTS NETWORK. + + (a) Chapter Amendments.--Chapter 3084 of title 54, United States +Code, is amended by striking ``U.S. Civil Rights Network'' each place +it appears and inserting ``African American Civil Rights Network'' +(using identical font as used in the text being replaced). + (b) Amendments to List of Items.--The list of items of title 54, +United States Code, is amended by striking ``U.S. Civil Rights +Network'' each place it appears and inserting ``African American Civil +Rights Network'' (using identical font as used in the text being +replaced). + (c) References.--Any reference in any law (other than in this +section), regulation, document, record, map, or other paper of the +United States to the ``U.S. Civil Rights Network'' shall be considered +to be a reference to the ``African American Civil Rights Network''. + +SEC. 2408. TRANSFER OF THE JAMES J. HOWARD MARINE SCIENCES LABORATORY. + + Section 7 of Public Law 100-515 (16 U.S.C. 1244 note) is amended by +striking subsection (b) and inserting the following: + ``(b) Transfer From the State to the National Oceanic and +Atmospheric Administration.-- + ``(1) In general.--Notwithstanding any other provision of + law, or the provisions of the August 13, 1991, Ground Lease + Agreement (`Lease') between the Department of the Interior and + the State of New Jersey (`State'), upon notice to the National + Park Service, the State may transfer without consideration, and + the National Oceanic and Atmospheric Administration may accept, + all State improvements within the land assignment and right of + way, including the James J. Howard Marine Sciences Laboratory + (`Laboratory'), two parking lots, and the seawater supply and + backflow pipes as generally depicted on the map entitled + `Gateway National Recreation Area, James J. Howard Marine + Science Laboratory Land Assignment', numbered 646/142,581A, and + dated April 2018 (`Map') and any related State personal + property. + ``(2) Lease amendment.--Upon the transfer authorized in + paragraph (1), the Lease shall be amended to exclude any + obligations of the State and the Department of the Interior + related to the Laboratory and associated property and + improvements transferred to the National Oceanic and + Atmospheric Administration. However, all obligations of the + State to rehabilitate Building 74 and modify landscaping on the + surrounding property as depicted on the Map, under the Lease + and pursuant to subsection (a), shall remain in full force and + effect. + ``(3) Use by the national oceanic and atmospheric + administration.--Upon the transfer authorized in paragraph (1), + the Administrator of the National Oceanic and Atmospheric + Administration is authorized to use the land generally depicted + on the Map as a land assignment and right of way and associated + land and appurtenances for continued use of the Laboratory, + including providing maintenance and repair, and access to the + Laboratory, the parking lots and the seawater supply and back + flow pipes, without consideration, except for reimbursement to + the National Park Service of agreed upon reasonable actual + costs of subsequently provided goods and services. + ``(4) Agreement between the national park service and the + national oceanic and atmospheric administration.--Upon the + transfer authorized in paragraph (1), the Director of the + National Park Service and the Administrator of the National + Oceanic and Atmospheric Administration shall enter into an + agreement addressing responsibilities pertaining to the use of + the land assignment within the Sandy Hook Unit of the Gateway + National Recreation Area as authorized in paragraph (3). The + agreement shall prohibit any new construction on this land, + permanent or nonpermanent, or significant alteration to the + exterior of the Laboratory, without National Park Service + approval. + ``(5) Restoration.-- + ``(A) Notwithstanding any provision of the Lease to + the contrary, if the State does not transfer the + improvements as authorized in paragraph (1), and these + improvements are not used as or in support of a marine + science laboratory, the State shall demolish and remove + the improvements and restore the land in accordance + with the standards set forth by the National Park + Service, free of unacceptable encumbrances and in + compliance with all applicable laws and regulations + regarding known contaminants. + ``(B) If the National Oceanic and Atmospheric + Administration accepts the improvements as authorized + in paragraph (1) and these improvements are not used as + or in support of a marine science laboratory, the + National Oceanic and Atmospheric Administration shall + be responsible for demolishing and removing these + improvements and restoring the land, in accordance with + the standards set forth by the National Park Service, + free of unacceptable encumbrances and in compliance + with all applicable laws and regulations regarding + known contaminants.''. + +SEC. 2409. BOWS IN PARKS. + + (a) In General.--Chapter 1049 of title 54, United States Code, is +amended by adding at the end the following: +``Sec. 104908. Bows in parks + ``(a) Definition of Not Ready for Immediate Use.--The term `not +ready for immediate use' means-- + ``(1) a bow or crossbow, the arrows of which are secured or + stowed in a quiver or other arrow transport case; and + ``(2) with respect to a crossbow, uncocked. + ``(b) Vehicular Transportation Authorized.--The Director shall not +promulgate or enforce any regulation that prohibits an individual from +transporting bows and crossbows that are not ready for immediate use +across any System unit in the vehicle of the individual if-- + ``(1) the individual is not otherwise prohibited by law + from possessing the bows and crossbows; + ``(2) the bows or crossbows that are not ready for + immediate use remain inside the vehicle of the individual + throughout the period during which the bows or crossbows are + transported across System land; and + ``(3) the possession of the bows and crossbows is in + compliance with the law of the State in which the System unit + is located.''. + (b) Clerical Amendment.--The table of sections for chapter 1049 of +title 54, United States Code, is amended by inserting after the item +relating to section 104907 the following: + +``104908. Bows in parks.''. + +SEC. 2410. WILDLIFE MANAGEMENT IN PARKS. + + (a) In General.--Chapter 1049 of title 54, United States Code (as +amended by section 2409(a)), is amended by adding at the end the +following: +``Sec. 104909. Wildlife management in parks + ``(a) Use of Qualified Volunteers.--If the Secretary determines it +is necessary to reduce the size of a wildlife population on System land +in accordance with applicable law (including regulations), the +Secretary may use qualified volunteers to assist in carrying out +wildlife management on System land. + ``(b) Requirements for Qualified Volunteers.--Qualified volunteers +providing assistance under subsection (a) shall be subject to-- + ``(1) any training requirements or qualifications + established by the Secretary; and + ``(2) any other terms and conditions that the Secretary may + require. + ``(c) Donations.--The Secretary may authorize the donation and +distribution of meat from wildlife management activities carried out +under this section, including the donation and distribution to Indian +Tribes, qualified volunteers, food banks, and other organizations that +work to address hunger, in accordance with applicable health guidelines +and such terms and conditions as the Secretary may require.''. + (b) Clerical Amendment.--The table of sections for chapter 1049 of +title 54 (as amended by section 2409(b)), United States Code, is +amended by inserting after the item relating to section 104908 the +following: + +``104909. Wildlife management in parks.''. + +SEC. 2411. POTTAWATTAMIE COUNTY REVERSIONARY INTEREST. + + Section 2 of Public Law 101-191 (103 Stat. 1697) is amended by +adding at the end the following: + ``(g) Conveyance of Reversionary Interest.-- + ``(1) In general.--If the Secretary determines that it is + no longer in the public interest to operate and maintain the + center, subject to paragraph (2), the Secretary may enter into + 1 or more agreements-- + ``(A) to convey the reversionary interest held by + the United States and described in the quitclaim deed + dated April 13, 1998, instrument number 19170, and as + recorded in book 98, page 55015, in Pottawattamie + County, Iowa (referred to in this subsection as the + `deed'); and + ``(B) to extinguish the requirement in the deed + that alterations to structures on the property may not + be made without the authorization of the Secretary. + ``(2) Consideration.--A reversionary interest may be + conveyed under paragraph (1)(A)-- + ``(A) without consideration, if the land subject to + the reversionary interest is required to be used in + perpetuity for public recreational, educational, or + similar purposes; or + ``(B) for consideration in an amount equal to the + fair market value of the reversionary interest, as + determined based on an appraisal that is conducted in + accordance with-- + ``(i) the Uniform Appraisal Standards for + Federal Land Acquisitions; and + ``(ii) the Uniform Standards of + Professional Appraisal Practice. + ``(3) Execution of agreements.--The Secretary shall execute + appropriate instruments to carry out an agreement entered into + under paragraph (1). + ``(4) Effect on prior agreement.--Effective on the date on + which the Secretary has executed instruments under paragraph + (3) and all Federal interests in the land and properties + acquired under this Act have been conveyed, the agreement + between the National Park Service and the State Historical + Society of Iowa, dated July 21, 1995, and entered into under + subsection (d), shall have no force or effect.''. + +SEC. 2412. DESIGNATION OF DEAN STONE BRIDGE. + + (a) Designation.--The bridge located in Blount County, Tennessee, +on the Foothills Parkway (commonly known as ``Bridge 2'') shall be +known and designated as the ``Dean Stone Bridge''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the bridge referred to +in subsection (a) shall be deemed to be a reference to the ``Dean Stone +Bridge''. + + Subtitle F--National Trails and Related Matters + +SEC. 2501. NORTH COUNTRY SCENIC TRAIL ROUTE ADJUSTMENT. + + Section 5(a)(8) of the National Trails System Act (16 U.S.C. +1244(a)(8)) is amended in the first sentence-- + (1) by striking ``thirty two hundred miles, extending from + eastern New York State'' and inserting ``4,600 miles, extending + from the Appalachian Trail in Vermont''; and + (2) by striking ``Proposed North Country Trail'' and all + that follows through ``June 1975.'' and inserting ```North + Country National Scenic Trail, Authorized Route', dated + February 2014, and numbered 649/116870.''. + +SEC. 2502. EXTENSION OF LEWIS AND CLARK NATIONAL HISTORIC TRAIL. + + (a) Extension.--Section 5(a)(6) of the National Trails System Act +(16 U.S.C. 1244(a)(6)) is amended-- + (1) by striking ``three thousand seven hundred'' and + inserting ``4,900''; + (2) by striking ``Wood River, Illinois,'' and inserting + ``the Ohio River in Pittsburgh, Pennsylvania,''; and + (3) by striking ``maps identified as, `Vicinity Map, Lewis + and Clark Trail' study report dated April 1977.'' and inserting + ``the map entitled `Lewis and Clark National Historic Trail + Authorized Trail Including Proposed Eastern Legacy Extension', + dated April 2018, and numbered 648/143721.''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on the date that is 60 days after the date of enactment of +this Act. + +SEC. 2503. AMERICAN DISCOVERY TRAIL SIGNAGE. + + (a) Definitions.--In this section: + (1) Secretary concerned.--The term ``Secretary concerned'' + means-- + (A) the Secretary, with respect to Federal land + under the jurisdiction of the Secretary; or + (B) the Secretary of Agriculture, with respect to + Federal land under the jurisdiction of the Secretary of + Agriculture. + (2) Trail.--The term ``Trail'' means the trail known as the + ``American Discovery Trail'', which consists of approximately + 6,800 miles of trails extending from Cape Henlopen State Park + in Delaware to Point Reyes National Seashore in California, as + generally described in volume 2 of the National Park Service + feasibility study dated June 1995. + (b) Signage Authorized.--As soon as practicable after the date on +which signage acceptable to the Secretary concerned is donated to the +United States for placement on Federal land at points along the Trail, +the Secretary concerned shall place the signage on the Federal land. + (c) No Federal Funds.--No Federal funds may be used to acquire +signage authorized for placement under subsection (b). + +SEC. 2504. PIKE NATIONAL HISTORIC TRAIL STUDY. + + Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) +is amended by adding at the end the following: + ``(46) Pike national historic trail.--The Pike National + Historic Trail, a series of routes extending approximately + 3,664 miles, which follows the route taken by Lt. Zebulon + Montgomery Pike during the 1806-1807 Pike expedition that began + in Fort Bellefontaine, Missouri, extended through portions of + the States of Kansas, Nebraska, Colorado, New Mexico, and + Texas, and ended in Natchitoches, Louisiana.''. + + TITLE III--CONSERVATION AUTHORIZATIONS + +SEC. 3001. REAUTHORIZATION OF LAND AND WATER CONSERVATION FUND. + + (a) In General.--Section 200302 of title 54, United States Code, is +amended-- + (1) in subsection (b), in the matter preceding paragraph + (1), by striking ``During the period ending September 30, 2018, + there'' and inserting ``There''; and + (2) in subsection (c)(1), by striking ``through September + 30, 2018''. + (b) Allocation of Funds.--Section 200304 of title 54, United States +Code, is amended-- + (1) by striking the second sentence; + (2) by striking ``There'' and inserting the following: + ``(a) In General.--There''; and + (3) by adding at the end the following: + ``(b) Allocation of Funds.--Of the total amount made available to +the Fund through appropriations or deposited in the Fund under section +105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 +U.S.C. 1331 note; Public Law 109-432)-- + ``(1) not less than 40 percent shall be used for Federal + purposes; and + ``(2) not less than 40 percent shall be used to provide + financial assistance to States.''. + (c) Parity for Territories and the District of Columbia.--Section +200305(b) of title 54, United States Code, is amended by striking +paragraph (5). + (d) Recreational Public Access.--Section 200306 of title 54, United +States Code, is amended by adding at the end the following: + ``(c) Recreational Public Access.-- + ``(1) In general.--Of the amounts made available for + expenditure in any fiscal year under section 200303, there + shall be made available for recreational public access projects + identified on the priority list developed under paragraph (2) + not less than the greater of-- + ``(A) an amount equal to 3 percent of those + amounts; or + ``(B) $15,000,000. + ``(2) Priority list.--The Secretary and the Secretary of + Agriculture, in consultation with the head of each affected + Federal agency, shall annually develop a priority list for + projects that, through acquisition of land (or an interest in + land), secure recreational public access to Federal land under + the jurisdiction of the applicable Secretary for hunting, + fishing, recreational shooting, or other outdoor recreational + purposes.''. + (e) Acquisition Considerations.--Section 200306 of title 54, United +States Code (as amended by subsection (d)), is amended by adding at the +end the following: + ``(d) Acquisition Considerations.--In determining whether to +acquire land (or an interest in land) under this section, the Secretary +and the Secretary of Agriculture shall take into account-- + ``(1) the significance of the acquisition; + ``(2) the urgency of the acquisition; + ``(3) management efficiencies; + ``(4) management cost savings; + ``(5) geographic distribution; + ``(6) threats to the integrity of the land; and + ``(7) the recreational value of the land.''. + +SEC. 3002. CONSERVATION INCENTIVES LANDOWNER EDUCATION PROGRAM. + + (a) In General.--Not later than 1 year after the date of enactment +of this Act, the Secretary shall establish a conservation incentives +landowner education program (referred to in this section as the +``program''). + (b) Purpose of Program.--The program shall provide information on +Federal conservation programs available to landowners interested in +undertaking conservation actions on the land of the landowners, +including options under each conservation program available to achieve +the conservation goals of the program, such as-- + (1) fee title land acquisition; + (2) donation; and + (3) perpetual and term conservation easements or + agreements. + (c) Availability.--The Secretary shall ensure that the information +provided under the program is made available to-- + (1) interested landowners; and + (2) the public. + (d) Notification.--In any case in which the Secretary contacts a +landowner directly about participation in a Federal conservation +program, the Secretary shall, in writing-- + (1) notify the landowner of the program; and + (2) make available information on the conservation program + options that may be available to the landowner. + + TITLE IV--SPORTSMEN'S ACCESS AND RELATED MATTERS + + Subtitle A--National Policy + +SEC. 4001. CONGRESSIONAL DECLARATION OF NATIONAL POLICY. + + (a) In General.--Congress declares that it is the policy of the +United States that Federal departments and agencies, in accordance with +the missions of the departments and agencies, Executive Orders 12962 +and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 +(August 16, 2007)), and applicable law, shall-- + (1) facilitate the expansion and enhancement of hunting, + fishing, and recreational shooting opportunities on Federal + land, in consultation with the Wildlife and Hunting Heritage + Conservation Council, the Sport Fishing and Boating Partnership + Council, State and Tribal fish and wildlife agencies, and the + public; + (2) conserve and enhance aquatic systems and the management + of game species and the habitat of those species on Federal + land, including through hunting and fishing, in a manner that + respects-- + (A) State management authority over wildlife + resources; and + (B) private property rights; and + (3) consider hunting, fishing, and recreational shooting + opportunities as part of all Federal plans for land, resource, + and travel management. + (b) Exclusion.--In this title, the term ``fishing'' does not +include commercial fishing in which fish are harvested, either in whole +or in part, that are intended to enter commerce through sale. + + Subtitle B--Sportsmen's Access to Federal Land + +SEC. 4101. DEFINITIONS. + + In this subtitle: + (1) Federal land.--The term ``Federal land'' means-- + (A) any land in the National Forest System (as + defined in section 11(a) of the Forest and Rangeland + Renewable Resources Planning Act of 1974 (16 U.S.C. + 1609(a))) that is administered by the Secretary of + Agriculture, acting through the Chief of the Forest + Service; and + (B) public lands (as defined in section 103 of the + Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1702)), the surface of which is administered by + the Secretary, acting through the Director of the + Bureau of Land Management. + (2) Secretary concerned.--The term ``Secretary concerned'' + means-- + (A) the Secretary of Agriculture, with respect to + land described in paragraph (1)(A); and + (B) the Secretary, with respect to land described + in paragraph (1)(B). + +SEC. 4102. FEDERAL LAND OPEN TO HUNTING, FISHING, AND RECREATIONAL + SHOOTING. + + (a) In General.--Subject to subsection (b), Federal land shall be +open to hunting, fishing, and recreational shooting, in accordance with +applicable law, unless the Secretary concerned closes an area in +accordance with section 4103. + (b) Effect of Part.--Nothing in this subtitle opens to hunting, +fishing, or recreational shooting any land that is not open to those +activities as of the date of enactment of this Act. + +SEC. 4103. CLOSURE OF FEDERAL LAND TO HUNTING, FISHING, AND + RECREATIONAL SHOOTING. + + (a) Authorization.-- + (1) In general.--Subject to paragraph (2) and in accordance + with section 302(b) of the Federal Land Policy and Management + Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may + designate any area on Federal land in which, and establish any + period during which, for reasons of public safety, + administration, or compliance with applicable laws, no hunting, + fishing, or recreational shooting shall be permitted. + (2) Requirement.--In making a designation under paragraph + (1), the Secretary concerned shall designate the smallest area + for the least amount of time that is required for public + safety, administration, or compliance with applicable laws. + (b) Closure Procedures.-- + (1) In general.--Except in an emergency, before permanently + or temporarily closing any Federal land to hunting, fishing, or + recreational shooting, the Secretary concerned shall-- + (A) consult with State fish and wildlife agencies; + and + (B) provide public notice and opportunity for + comment under paragraph (2). + (2) Public notice and comment.-- + (A) In general.--Public notice and comment shall + include-- + (i) a notice of intent-- + (I) published in advance of the + public comment period for the closure-- + (aa) in the Federal + Register; + (bb) on the website of the + applicable Federal agency; + (cc) on the website of the + Federal land unit, if + available; and + (dd) in at least 1 local + newspaper; + (II) made available in advance of + the public comment period to local + offices, chapters, and affiliate + organizations in the vicinity of the + closure that are signatories to the + memorandum of understanding entitled + ``Federal Lands Hunting, Fishing, and + Shooting Sports Roundtable Memorandum + of Understanding''; and + (III) that describes-- + (aa) the proposed closure; + and + (bb) the justification for + the proposed closure, including + an explanation of the reasons + and necessity for the decision + to close the area to hunting, + fishing, or recreational + shooting; and + (ii) an opportunity for public comment for + a period of-- + (I) not less than 60 days for a + permanent closure; or + (II) not less than 30 days for a + temporary closure. + (B) Final decision.--In a final decision to + permanently or temporarily close an area to hunting, + fishing, or recreation shooting, the Secretary + concerned shall-- + (i) respond in a reasoned manner to the + comments received; + (ii) explain how the Secretary concerned + resolved any significant issues raised by the + comments; and + (iii) show how the resolution led to the + closure. + (c) Temporary Closures.-- + (1) In general.--A temporary closure under this section may + not exceed a period of 180 days. + (2) Renewal.--Except in an emergency, a temporary closure + for the same area of land closed to the same activities-- + (A) may not be renewed more than 3 times after the + first temporary closure; and + (B) must be subject to a separate notice and + comment procedure in accordance with subsection (b)(2). + (3) Effect of temporary closure.--Any Federal land that is + temporarily closed to hunting, fishing, or recreational + shooting under this section shall not become permanently closed + to that activity without a separate public notice and + opportunity to comment in accordance with subsection (b)(2). + (d) Reporting.--On an annual basis, the Secretaries concerned +shall-- + (1) publish on a public website a list of all areas of + Federal land temporarily or permanently subject to a closure + under this section; and + (2) submit to the Committee on Energy and Natural Resources + and the Committee on Agriculture, Nutrition, and Forestry of + the Senate and the Committee on Natural Resources and the + Committee on Agriculture of the House of Representatives a + report that identifies-- + (A) a list of each area of Federal land temporarily + or permanently subject to a closure; + (B) the acreage of each closure; and + (C) a survey of-- + (i) the aggregate areas and acreage closed + under this section in each State; and + (ii) the percentage of Federal land in each + State closed under this section with respect to + hunting, fishing, and recreational shooting. + (e) Application.--This section shall not apply if the closure is-- + (1) less than 14 days in duration; and + (2) covered by a special use permit. + +SEC. 4104. SHOOTING RANGES. + + (a) In General.--Except as provided in subsection (b), the +Secretary concerned may, in accordance with this section and other +applicable law, lease or permit the use of Federal land for a shooting +range. + (b) Exception.--The Secretary concerned shall not lease or permit +the use of Federal land for a shooting range within-- + (1) a component of the National Landscape Conservation + System; + (2) a component of the National Wilderness Preservation + System; + (3) any area that is-- + (A) designated as a wilderness study area; + (B) administratively classified as-- + (i) wilderness-eligible; or + (ii) wilderness-suitable; or + (C) a primitive or semiprimitive area; + (4) a national monument, national volcanic monument, or + national scenic area; or + (5) a component of the National Wild and Scenic Rivers + System (including areas designated for study for potential + addition to the National Wild and Scenic Rivers System). + +SEC. 4105. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, AND + FISHING ON FEDERAL LAND. + + (a) Definitions.--In this section: + (1) Secretary.--The term ``Secretary'' means-- + (A) the Secretary, with respect to land + administered by-- + (i) the Director of the National Park + Service; + (ii) the Director of the United States Fish + and Wildlife Service; and + (iii) the Director of the Bureau of Land + Management; and + (B) the Secretary of Agriculture, with respect to + land administered by the Chief of the Forest Service. + (2) State or regional office.--The term ``State or regional + office'' means-- + (A) a State office of the Bureau of Land + Management; or + (B) a regional office of-- + (i) the National Park Service; + (ii) the United States Fish and Wildlife + Service; or + (iii) the Forest Service. + (3) Travel management plan.--The term ``travel management + plan'' means a plan for the management of travel-- + (A) with respect to land under the jurisdiction of + the National Park Service, on park roads and designated + routes under section 4.10 of title 36, Code of Federal + Regulations (or successor regulations); + (B) with respect to land under the jurisdiction of + the United States Fish and Wildlife Service, on the + land under a comprehensive conservation plan prepared + under section 4(e) of the National Wildlife Refuge + System Administration Act of 1966 (16 U.S.C. 668dd(e)); + (C) with respect to land under the jurisdiction of + the Forest Service, on National Forest System land + under part 212 of title 36, Code of Federal Regulations + (or successor regulations); and + (D) with respect to land under the jurisdiction of + the Bureau of Land Management, under a resource + management plan developed under the Federal Land Policy + and Management Act of 1976 (43 U.S.C. 1701 et seq.). + (b) Priority Lists Required.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act, and biennially thereafter during the 10- + year period beginning on the date on which the first priority + list is completed, the Secretary shall prepare a priority list, + to be made publicly available on the website of the applicable + Federal agency referred to in subsection (a)(1), which shall + identify the location and acreage of land within the + jurisdiction of each State or regional office on which the + public is allowed, under Federal or State law, to hunt, fish, + or use the land for other recreational purposes but-- + (A) to which there is no public access or egress; + or + (B) to which public access or egress to the legal + boundaries of the land is significantly restricted (as + determined by the Secretary). + (2) Minimum size.--Any land identified under paragraph (1) + shall consist of contiguous acreage of at least 640 acres. + (3) Considerations.--In preparing the priority list + required under paragraph (1), the Secretary shall consider, + with respect to the land-- + (A) whether access is absent or merely restricted, + including the extent of the restriction; + (B) the likelihood of resolving the absence of or + restriction to public access; + (C) the potential for recreational use; + (D) any information received from the public or + other stakeholders during the nomination process + described in paragraph (5); and + (E) any other factor, as determined by the + Secretary. + (4) Adjacent land status.--For each parcel of land on the + priority list, the Secretary shall include in the priority list + whether resolving the issue of public access or egress to the + land would require acquisition of an easement, right-of-way, or + fee title from-- + (A) another Federal agency; + (B) a State, local, or Tribal government; or + (C) a private landowner. + (5) Nomination process.--In preparing a priority list under + this section, the Secretary shall provide an opportunity for + members of the public to nominate parcels for inclusion on the + priority list. + (c) Access Options.--With respect to land included on a priority +list described in subsection (b), the Secretary shall develop and +submit to the Committees on Appropriations and Energy and Natural +Resources of the Senate and the Committees on Appropriations and +Natural Resources of the House of Representatives a report on options +for providing access that-- + (1) identifies how public access and egress could + reasonably be provided to the legal boundaries of the land in a + manner that minimizes the impact on wildlife habitat and water + quality; + (2) specifies the steps recommended to secure the access + and egress, including acquiring an easement, right-of-way, or + fee title from a willing owner of any land that abuts the land + or the need to coordinate with State land management agencies + or other Federal, State, or Tribal governments to allow for + such access and egress; and + (3) is consistent with the travel management plan in effect + on the land. + (d) Protection of Personally Identifying Information.--In making +the priority list and report prepared under subsections (b) and (c) +available, the Secretary shall ensure that no personally identifying +information is included, such as names or addresses of individuals or +entities. + (e) Willing Owners.--For purposes of providing any permits to, or +entering into agreements with, a State, local, or Tribal government or +private landowner with respect to the use of land under the +jurisdiction of the government or landowner, the Secretary shall not +take into account whether the State, local, or Tribal government or +private landowner has granted or denied public access or egress to the +land. + (f) Means of Public Access and Egress Included.--In considering +public access and egress under subsections (b) and (c), the Secretary +shall consider public access and egress to the legal boundaries of the +land described in those subsections, including access and egress-- + (1) by motorized or non-motorized vehicles; and + (2) on foot or horseback. + (g) Effect.-- + (1) In general.--This section shall have no effect on + whether a particular recreational use shall be allowed on the + land included in a priority list under this section. + (2) Effect of allowable uses on agency consideration.--In + preparing the priority list under subsection (b), the Secretary + shall only consider recreational uses that are allowed on the + land at the time that the priority list is prepared. + + Subtitle C--Open Book on Equal Access to Justice + +SEC. 4201. FEDERAL ACTION TRANSPARENCY. + + (a) Modification of Equal Access to Justice Provisions.-- + (1) Agency proceedings.--Section 504 of title 5, United + States Code, is amended-- + (A) in subsection (c)(1), by striking ``, United + States Code''; + (B) by redesignating subsection (f) as subsection + (i); and + (C) by striking subsection (e) and inserting the + following: + ``(e)(1) Not later than March 31 of the first fiscal year beginning +after the date of enactment of the Natural Resources Management Act, +and every fiscal year thereafter, the Chairman of the Administrative +Conference of the United States, after consultation with the Chief +Counsel for Advocacy of the Small Business Administration, shall submit +to Congress and make publicly available online a report on the amount +of fees and other expenses awarded during the preceding fiscal year +under this section. + ``(2) Each report under paragraph (1) shall describe the number, +nature, and amount of the awards, the claims involved in the +controversy, and any other relevant information that may aid Congress +in evaluating the scope and impact of such awards. + ``(3)(A) Each report under paragraph (1) shall account for all +payments of fees and other expenses awarded under this section that are +made pursuant to a settlement agreement, regardless of whether the +settlement agreement is sealed or otherwise subject to a nondisclosure +provision. + ``(B) The disclosure of fees and other expenses required under +subparagraph (A) shall not affect any other information that is subject +to a nondisclosure provision in a settlement agreement. + ``(f) As soon as practicable, and in any event not later than the +date on which the first report under subsection (e)(1) is required to +be submitted, the Chairman of the Administrative Conference of the +United States shall create and maintain online a searchable database +containing, with respect to each award of fees and other expenses under +this section made on or after the date of enactment of the Natural +Resources Management Act, the following information: + ``(1) The case name and number of the adversary + adjudication, if available, hyperlinked to the case, if + available. + ``(2) The name of the agency involved in the adversary + adjudication. + ``(3) A description of the claims in the adversary + adjudication. + ``(4) The name of each party to whom the award was made as + such party is identified in the order or other court document + making the award. + ``(5) The amount of the award. + ``(6) The basis for the finding that the position of the + agency concerned was not substantially justified. + ``(g) The online searchable database described in subsection (f) +may not reveal any information the disclosure of which is prohibited by +law or a court order. + ``(h) The head of each agency shall provide to the Chairman of the +Administrative Conference of the United States in a timely manner all +information requested by the Chairman to comply with the requirements +of subsections (e), (f), and (g).''. + (2) Court cases.--Section 2412(d) of title 28, United + States Code, is amended by adding at the end the following: + ``(5)(A) Not later than March 31 of the first fiscal year beginning +after the date of enactment of the Natural Resources Management Act, +and every fiscal year thereafter, the Chairman of the Administrative +Conference of the United States shall submit to Congress and make +publicly available online a report on the amount of fees and other +expenses awarded during the preceding fiscal year pursuant to this +subsection. + ``(B) Each report under subparagraph (A) shall describe the number, +nature, and amount of the awards, the claims involved in the +controversy, and any other relevant information that may aid Congress +in evaluating the scope and impact of such awards. + ``(C)(i) Each report under subparagraph (A) shall account for all +payments of fees and other expenses awarded under this subsection that +are made pursuant to a settlement agreement, regardless of whether the +settlement agreement is sealed or otherwise subject to a nondisclosure +provision. + ``(ii) The disclosure of fees and other expenses required under +clause (i) shall not affect any other information that is subject to a +nondisclosure provision in a settlement agreement. + ``(D) The Chairman of the Administrative Conference of the United +States shall include and clearly identify in each annual report under +subparagraph (A), for each case in which an award of fees and other +expenses is included in the report-- + ``(i) any amounts paid under section 1304 of title 31 for a + judgment in the case; + ``(ii) the amount of the award of fees and other expenses; + and + ``(iii) the statute under which the plaintiff filed suit. + ``(6) As soon as practicable, and in any event not later than the +date on which the first report under paragraph (5)(A) is required to be +submitted, the Chairman of the Administrative Conference of the United +States shall create and maintain online a searchable database +containing, with respect to each award of fees and other expenses under +this subsection made on or after the date of enactment of the Natural +Resources Management Act, the following information: + ``(A) The case name and number, hyperlinked to the case, if + available. + ``(B) The name of the agency involved in the case. + ``(C) The name of each party to whom the award was made as + such party is identified in the order or other court document + making the award. + ``(D) A description of the claims in the case. + ``(E) The amount of the award. + ``(F) The basis for the finding that the position of the + agency concerned was not substantially justified. + ``(7) The online searchable database described in paragraph (6) may +not reveal any information the disclosure of which is prohibited by law +or a court order. + ``(8) The head of each agency (including the Attorney General of +the United States) shall provide to the Chairman of the Administrative +Conference of the United States in a timely manner all information +requested by the Chairman to comply with the requirements of paragraphs +(5), (6), and (7).''. + (3) Technical and conforming amendments.--Section 2412 of + title 28, United States Code, is amended-- + (A) in subsection (d)(3), by striking ``United + States Code,''; and + (B) in subsection (e)-- + (i) by striking ``of section 2412 of title + 28, United States Code,'' and inserting ``of + this section''; and + (ii) by striking ``of such title'' and + inserting ``of this title''. + (b) Judgment Fund Transparency.--Section 1304 of title 31, United +States Code, is amended by adding at the end the following: + ``(d) Beginning not later than the date that is 60 days after the +date of enactment of the Natural Resources Management Act, and unless +the disclosure of such information is otherwise prohibited by law or a +court order, the Secretary of the Treasury shall make available to the +public on a website, as soon as practicable, but not later than 30 days +after the date on which a payment under this section is tendered, the +following information with regard to that payment: + ``(1) The name of the specific agency or entity whose + actions gave rise to the claim or judgment. + ``(2) The name of the plaintiff or claimant. + ``(3) The name of counsel for the plaintiff or claimant. + ``(4) The amount paid representing principal liability, and + any amounts paid representing any ancillary liability, + including attorney fees, costs, and interest. + ``(5) A brief description of the facts that gave rise to + the claim. + ``(6) The name of the agency that submitted the claim.''. + + Subtitle D--Migratory Bird Framework and Hunting Opportunities for + Veterans + +SEC. 4301. FEDERAL CLOSING DATE FOR HUNTING OF DUCKS, MERGANSERS, AND + COOTS. + + Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is +amended by adding at the end the following: + ``(c) Federal Framework Closing Date for Hunting of Ducks, +Mergansers, and Coots.-- + ``(1) Regulations relating to framework closing date.-- + ``(A) In general.--In promulgating regulations + under subsection (a) relating to the Federal framework + for the closing date up to which the States may select + seasons for migratory bird hunting, except as provided + in paragraph (2), the Secretary shall, with respect to + the hunting season for ducks, mergansers, and coots-- + ``(i) subject to subparagraph (B), adopt + the recommendation of each respective flyway + council (as defined in section 20.152 of title + 50, Code of Federal Regulations) for the + Federal framework if the Secretary determines + that the recommendation is consistent with + science-based and sustainable harvest + management; and + ``(ii) allow the States to establish the + closing date for the hunting season in + accordance with the Federal framework. + ``(B) Requirement.--The framework closing date + promulgated by the Secretary under subparagraph (A) + shall not be later than January 31 of each year. + ``(2) Special hunting days for youths, veterans, and active + military personnel.-- + ``(A) In general.--Notwithstanding the Federal + framework closing date under paragraph (1) and subject + to subparagraphs (B) and (C), the Secretary shall allow + States to select 2 days for youths and 2 days for + veterans (as defined in section 101 of title 38, United + States Code) and members of the Armed Forces on active + duty, including members of the National Guard and + Reserves on active duty (other than for training), to + hunt eligible ducks, geese, swans, mergansers, coots, + moorhens, and gallinules, if the Secretary determines + that the addition of those days is consistent with + science-based and sustainable harvest management. Such + days shall be treated as separate from, and in addition + to, the annual Federal framework hunting season + lengths. + ``(B) Requirements.--In selecting days under + subparagraph (A), a State shall ensure that-- + ``(i) the days selected-- + ``(I) may only include the hunting + of duck, geese, swan, merganser, coot, + moorhen, and gallinule species that are + eligible for hunting under the + applicable annual Federal framework; + ``(II) are not more than 14 days + before or after the Federal framework + hunting season for ducks, mergansers, + and coots; and + ``(III) are otherwise consistent + with the Federal framework; and + ``(ii) the total number of days in a + hunting season for any migratory bird species, + including any days selected under subparagraph + (A), is not more than 107 days. + ``(C) Limitation.--A State may combine the 2 days + allowed for youths with the 2 days allowed for veterans + and members of the Armed Forces on active duty under + subparagraph (A), but in no circumstance may a State + have more than a total of 4 additional days added to + its regular hunting season for any purpose. + ``(3) Regulations.--The Secretary shall promulgate + regulations in accordance with this subsection for the Federal + framework for migratory bird hunting for the 2019-2020 hunting + season and each hunting season thereafter.''. + + Subtitle E--Miscellaneous + +SEC. 4401. RESPECT FOR TREATIES AND RIGHTS. + + Nothing in this title or the amendments made by this title-- + (1) affects or modifies any treaty or other right of any + federally recognized Indian Tribe; or + (2) modifies any provision of Federal law relating to + migratory birds or to endangered or threatened species. + +SEC. 4402. NO PRIORITY. + + Nothing in this title or the amendments made by this title provides +a preference to hunting, fishing, or recreational shooting over any +other use of Federal land or water. + +SEC. 4403. STATE AUTHORITY FOR FISH AND WILDLIFE. + + Nothing in this title-- + (1) authorizes the Secretary of Agriculture or the + Secretary to require Federal licenses or permits to hunt and + fish on Federal land; or + (2) enlarges or diminishes the responsibility or authority + of States with respect to fish and wildlife management. + + TITLE V--HAZARDS AND MAPPING + +SEC. 5001. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM. + + (a) Definitions.--In this section: + (1) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the United States Geological + Survey. + (2) System.--The term ``System'' means the National Volcano + Early Warning and Monitoring System established under + subsection (b)(1)(A). + (b) National Volcano Early Warning and Monitoring System.-- + (1) Establishment.-- + (A) In general.--The Secretary shall establish + within the United States Geological Survey a system, to + be known as the ``National Volcano Early Warning and + Monitoring System'', to monitor, warn, and protect + citizens of the United States from undue and avoidable + harm from volcanic activity. + (B) Purposes.--The purposes of the System are-- + (i) to organize, modernize, standardize, + and stabilize the monitoring systems of the + volcano observatories in the United States, + which includes the Alaska Volcano Observatory, + California Volcano Observatory, Cascades + Volcano Observatory, Hawaiian Volcano + Observatory, and Yellowstone Volcano + Observatory; and + (ii) to unify the monitoring systems of + volcano observatories in the United States into + a single interoperative system. + (C) Objective.--The objective of the System is to + monitor all the volcanoes in the United States at a + level commensurate with the threat posed by the + volcanoes by-- + (i) upgrading existing networks on + monitored volcanoes; + (ii) installing new networks on unmonitored + volcanoes; and + (iii) employing geodetic and other + components when applicable. + (2) System components.-- + (A) In general.--The System shall include-- + (i) a national volcano watch office that is + operational 24 hours a day and 7 days a week; + (ii) a national volcano data center; and + (iii) an external grants program to support + research in volcano monitoring science and + technology. + (B) Modernization activities.--Modernization + activities under the System shall include the + comprehensive application of emerging technologies, + including digital broadband seismometers, real-time + continuous Global Positioning System receivers, + satellite and airborne radar interferometry, acoustic + pressure sensors, and spectrometry to measure gas + emissions. + (3) Management.-- + (A) Management plan.-- + (i) In general.--Not later than 180 days + after the date of enactment of this Act, the + Secretary shall submit to Congress a 5-year + management plan for establishing and operating + the System. + (ii) Inclusions.--The management plan + submitted under clause (i) shall include-- + (I) annual cost estimates for + modernization activities and operation + of the System; + (II) annual milestones, standards, + and performance goals; and + (III) recommendations for, and + progress towards, establishing new, or + enhancing existing, partnerships to + leverage resources. + (B) Advisory committee.--The Secretary shall + establish an advisory committee to assist the Secretary + in implementing the System, to be comprised of + representatives of relevant agencies and members of the + scientific community, to be appointed by the Secretary. + (C) Partnerships.--The Secretary may enter into + cooperative agreements with institutions of higher + education and State agencies designating the + institutions of higher education and State agencies as + volcano observatory partners for the System. + (D) Coordination.--The Secretary shall coordinate + the activities under this section with the heads of + relevant Federal agencies, including-- + (i) the Secretary of Transportation; + (ii) the Administrator of the Federal + Aviation Administration; + (iii) the Administrator of the National + Oceanic and Atmospheric Administration; and + (iv) the Administrator of the Federal + Emergency Management Agency. + (4) Annual report.--Annually, the Secretary shall submit to + Congress a report that describes the activities carried out + under this section. + (c) Funding.-- + (1) Authorization of appropriations.--There is authorized + to be appropriated to carry out this section $55,000,000 for + the period of fiscal years 2019 through 2023. + (2) Effect on other sources of federal funding.--Amounts + made available under this subsection shall supplement, and not + supplant, Federal funds made available for other United States + Geological Survey hazards activities and programs. + +SEC. 5002. REAUTHORIZATION OF NATIONAL GEOLOGIC MAPPING ACT OF 1992. + + (a) Reauthorization.-- + (1) In general.--Section 9(a) of the National Geologic + Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking + ``2018'' and inserting ``2023''. + (2) Conforming amendment.--Section 4(b)(1) of the National + Geologic Mapping Act of 1992 (43 U.S.C. 31c(b)(1)) is amended + by striking ``Omnibus Public Land Management Act of 2009'' each + place it appears in subparagraphs (A) and (B) and inserting + ``Natural Resources Management Act''. + (b) Geologic Mapping Advisory Committee.--Section 5(a)(3) of the +National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(3)) is amended +by striking ``Associate Director for Geology'' and inserting +``Associate Director for Core Science Systems''. + (c) Clerical Amendments.--Section 3 of the National Geologic +Mapping Act of 1992 (43 U.S.C. 31b) is amended-- + (1) in paragraph (4), by striking ``section 6(d)(3)'' and + inserting ``section 4(d)(3)''; + (2) in paragraph (5), by striking ``section 6(d)(1)'' and + inserting ``section 4(d)(1)''; and + (3) in paragraph (9), by striking ``section 6(d)(2)'' and + inserting ``section 4(d)(2)''. + + TITLE VI--NATIONAL HERITAGE AREAS + +SEC. 6001. NATIONAL HERITAGE AREA DESIGNATIONS. + + (a) In General.--The following areas are designated as National +Heritage Areas, to be administered in accordance with this section: + (1) Appalachian forest national heritage area, west + virginia and maryland.-- + (A) In general.--There is established the + Appalachian Forest National Heritage Area in the States + of West Virginia and Maryland, as depicted on the map + entitled ``Appalachian Forest National Heritage Area'', + numbered T07/80,000, and dated October 2007, + including-- + (i) Barbour, Braxton, Grant, Greenbrier, + Hampshire, Hardy, Mineral, Morgan, Nicholas, + Pendleton, Pocahontas, Preston, Randolph, + Tucker, Upshur, and Webster Counties in West + Virginia; and + (ii) Allegany and Garrett Counties in + Maryland. + (B) Local coordinating entity.--The Appalachian + Forest Heritage Area, Inc., shall be-- + (i) the local coordinating entity for the + National Heritage Area designated by + subparagraph (A) (referred to in this + subparagraph as the ``local coordinating + entity''); and + (ii) governed by a board of directors that + shall-- + (I) include members to represent a + geographic balance across the counties + described in subparagraph (A) and the + States of West Virginia and Maryland; + (II) be composed of not fewer than + 7, and not more than 15, members + elected by the membership of the local + coordinating entity; + (III) be selected to represent a + balanced group of diverse interests, + including-- + (aa) the forest industry; + (bb) environmental + interests; + (cc) cultural heritage + interests; + (dd) tourism interests; and + (ee) regional agency + partners; + (IV) exercise all corporate powers + of the local coordinating entity; + (V) manage the activities and + affairs of the local coordinating + entity; and + (VI) subject to any limitations in + the articles and bylaws of the local + coordinating entity, this section, and + other applicable Federal or State law, + establish the policies of the local + coordinating entity. + (2) Maritime washington national heritage area, + washington.-- + (A) In general.--There is established the Maritime + Washington National Heritage Area in the State of + Washington, to include land in Whatcom, Skagit, + Snohomish, San Juan, Island, King, Pierce, Thurston, + Mason, Kitsap, Jefferson, Clallam, and Grays Harbor + Counties in the State that is at least partially + located within the area that is \1/4\-mile landward of + the shoreline, as generally depicted on the map + entitled ``Maritime Washington National Heritage Area + Proposed Boundary'', numbered 584/125,484, and dated + August, 2014. + (B) Local coordinating entity.--The Washington + Trust for Historic Preservation shall be the local + coordinating entity for the National Heritage Area + designated by subparagraph (A). + (3) Mountains to sound greenway national heritage area, + washington.-- + (A) In general.--There is established the Mountains + to Sound Greenway National Heritage Area in the State + of Washington, to consist of land in King and Kittitas + Counties in the State, as generally depicted on the map + entitled ``Mountains to Sound Greenway National + Heritage Area Proposed Boundary'', numbered 584/ + 125,483, and dated August, 2014 (referred to in this + paragraph as the ``map''). + (B) Local coordinating entity.--The Mountains to + Sound Greenway Trust shall be the local coordinating + entity for the National Heritage Area designated by + subparagraph (A). + (C) Map.--The map shall be on file and available + for public inspection in the appropriate offices of-- + (i) the National Park Service; + (ii) the Forest Service; + (iii) the Indian Tribes; and + (iv) the local coordinating entity. + (D) References to indian tribe; tribal.--Any + reference in this paragraph to the terms ``Indian + Tribe'' and ``Tribal'' shall be considered, for + purposes of the National Heritage Area designated by + subparagraph (A), to refer to each of the Tribal + governments of the Snoqualmie, Yakama, Tulalip, + Muckleshoot, and Colville Indian Tribes. + (E) Management requirements.--With respect to the + National Heritage Area designated by subparagraph (A)-- + (i) the preparation of an interpretive plan + under subsection (c)(2)(C)(vii) shall also + include plans for Tribal heritage; + (ii) the Secretary shall ensure that the + management plan developed under subsection (c) + is consistent with the trust responsibilities + of the Secretary to Indian Tribes and Tribal + treaty rights within the National Heritage + Area; + (iii) the interpretive plan and management + plan for the National Heritage Area shall be + developed in consultation with the Indian + Tribes; + (iv) nothing in this paragraph shall grant + or diminish any hunting, fishing, or gathering + treaty right of any Indian Tribe; and + (v) nothing in this paragraph affects the + authority of a State or an Indian Tribe to + manage fish and wildlife, including the + regulation of hunting and fishing within the + National Heritage Area. + (4) Sacramento-san joaquin delta national heritage area, + california.-- + (A) In general.--There is established the + Sacramento-San Joaquin Delta National Heritage Area in + the State of California, to consist of land in Contra + Costa, Sacramento, San Joaquin, Solano, and Yolo + Counties in the State, as generally depicted on the map + entitled ``Sacramento-San Joaquin Delta National + Heritage Area Proposed Boundary'', numbered T27/ + 105,030, and dated October 2012. + (B) Local coordinating entity.--The Delta + Protection Commission established by section 29735 of + the California Public Resources Code shall be the local + coordinating entity for the National Heritage Area + designated by subparagraph (A). + (C) Effect.--This paragraph shall not be + interpreted or implemented in a manner that directly or + indirectly has a negative effect on the operations of + the Central Valley Project, the State Water Project, or + any water supply facilities within the Bay-Delta + watershed. + (5) Santa cruz valley national heritage area, arizona.-- + (A) In general.--There is established the Santa + Cruz Valley National Heritage Area in the State of + Arizona, to consist of land in Pima and Santa Cruz + Counties in the State, as generally depicted on the map + entitled ``Santa Cruz Valley National Heritage Area'', + numbered T09/80,000, and dated November 13, 2007. + (B) Local coordinating entity.--Santa Cruz Valley + Heritage Alliance, Inc., a nonprofit organization + established under the laws of the State of Arizona, + shall be the local coordinating entity for the National + Heritage Area designated by subparagraph (A). + (6) Susquehanna national heritage area, pennsylvania.-- + (A) In general.--There is established the + Susquehanna National Heritage Area in the State of + Pennsylvania, to consist of land in Lancaster and York + Counties in the State. + (B) Local coordinating entity.--The Susquehanna + Heritage Corporation, a nonprofit organization + established under the laws of the State of + Pennsylvania, shall be the local coordinating entity + for the National Heritage Area designated by + subparagraph (A). + (b) Administration.-- + (1) Authorities.--For purposes of carrying out the + management plan for each of the National Heritage Areas + designated by subsection (a), the Secretary, acting through the + local coordinating entity, may use amounts made available under + subsection (g)-- + (A) to make grants to the State or a political + subdivision of the State, Indian Tribes, nonprofit + organizations, and other persons; + (B) to enter into cooperative agreements with, or + provide technical assistance to, the State or a + political subdivision of the State, Indian Tribes, + nonprofit organizations, and other interested parties; + (C) to hire and compensate staff, which shall + include individuals with expertise in natural, + cultural, and historical resources protection, and + heritage programming; + (D) to obtain money or services from any source + including any money or services that are provided under + any other Federal law or program; + (E) to contract for goods or services; and + (F) to undertake to be a catalyst for any other + activity that furthers the National Heritage Area and + is consistent with the approved management plan. + (2) Duties.--The local coordinating entity for each of the + National Heritage Areas designated by subsection (a) shall-- + (A) in accordance with subsection (c), prepare and + submit a management plan for the National Heritage Area + to the Secretary; + (B) assist Federal agencies, the State or a + political subdivision of the State, Indian Tribes, + regional planning organizations, nonprofit + organizations and other interested parties in carrying + out the approved management plan by-- + (i) carrying out programs and projects that + recognize, protect, and enhance important + resource values in the National Heritage Area; + (ii) establishing and maintaining + interpretive exhibits and programs in the + National Heritage Area; + (iii) developing recreational and + educational opportunities in the National + Heritage Area; + (iv) increasing public awareness of, and + appreciation for, natural, historical, scenic, + and cultural resources of the National Heritage + Area; + (v) protecting and restoring historic sites + and buildings in the National Heritage Area + that are consistent with National Heritage Area + themes; + (vi) ensuring that clear, consistent, and + appropriate signs identifying points of public + access and sites of interest are posted + throughout the National Heritage Area; and + (vii) promoting a wide range of + partnerships among the Federal Government, + State, Tribal, and local governments, + organizations, and individuals to further the + National Heritage Area; + (C) consider the interests of diverse units of + government, businesses, organizations, and individuals + in the National Heritage Area in the preparation and + implementation of the management plan; + (D) conduct meetings open to the public at least + semiannually regarding the development and + implementation of the management plan; + (E) for any year that Federal funds have been + received under this subsection-- + (i) submit to the Secretary an annual + report that describes the activities, expenses, + and income of the local coordinating entity + (including grants to any other entities during + the year that the report is made); + (ii) make available to the Secretary for + audit all records relating to the expenditure + of the funds and any matching funds; and + (iii) require, with respect to all + agreements authorizing expenditure of Federal + funds by other organizations, that the + organizations receiving the funds make + available to the Secretary for audit all + records concerning the expenditure of the + funds; and + (F) encourage by appropriate means economic + viability that is consistent with the National Heritage + Area. + (3) Prohibition on the acquisition of real property.--The + local coordinating entity shall not use Federal funds made + available under subsection (g) to acquire real property or any + interest in real property. + (c) Management Plan.-- + (1) In general.--Not later than 3 years after the date of + enactment of this Act, the local coordinating entity for each + of the National Heritage Areas designated by subsection (a) + shall submit to the Secretary for approval a proposed + management plan for the National Heritage Area. + (2) Requirements.--The management plan shall-- + (A) incorporate an integrated and cooperative + approach for the protection, enhancement, and + interpretation of the natural, cultural, historic, + scenic, and recreational resources of the National + Heritage Area; + (B) take into consideration Federal, State, local, + and Tribal plans and treaty rights; + (C) include-- + (i) an inventory of-- + (I) the resources located in the + National Heritage Area; and + (II) any other property in the + National Heritage Area that-- + (aa) is related to the + themes of the National Heritage + Area; and + (bb) should be preserved, + restored, managed, or + maintained because of the + significance of the property; + (ii) comprehensive policies, strategies and + recommendations for conservation, funding, + management, and development of the National + Heritage Area; + (iii) a description of actions that the + Federal Government, State, Tribal, and local + governments, private organizations, and + individuals have agreed to take to protect the + natural, historical, cultural, scenic, and + recreational resources of the National Heritage + Area; + (iv) a program of implementation for the + management plan by the local coordinating + entity that includes a description of-- + (I) actions to facilitate ongoing + collaboration among partners to promote + plans for resource protection, + restoration, and construction; and + (II) specific commitments for + implementation that have been made by + the local coordinating entity or any + government, organization, or individual + for the first 5 years of operation; + (v) the identification of sources of + funding for carrying out the management plan; + (vi) analysis and recommendations for means + by which Federal, State, local, and Tribal + programs, including the role of the National + Park Service in the National Heritage Area, may + best be coordinated to carry out this + subsection; and + (vii) an interpretive plan for the National + Heritage Area; and + (D) recommend policies and strategies for resource + management that consider and detail the application of + appropriate land and water management techniques, + including the development of intergovernmental and + interagency cooperative agreements to protect the + natural, historical, cultural, educational, scenic, and + recreational resources of the National Heritage Area. + (3) Deadline.--If a proposed management plan is not + submitted to the Secretary by the date that is 3 years after + the date of enactment of this Act, the local coordinating + entity shall be ineligible to receive additional funding under + this section until the date on which the Secretary receives and + approves the management plan. + (4) Approval or disapproval of management plan.-- + (A) In general.--Not later than 180 days after the + date of receipt of the management plan under paragraph + (1), the Secretary, in consultation with State and + Tribal governments, shall approve or disapprove the + management plan. + (B) Criteria for approval.--In determining whether + to approve the management plan, the Secretary shall + consider whether-- + (i) the local coordinating entity is + representative of the diverse interests of the + National Heritage Area, including Federal, + State, Tribal, and local governments, natural + and historic resource protection organizations, + educational institutions, businesses, and + recreational organizations; + (ii) the local coordinating entity has + afforded adequate opportunity, including public + hearings, for public and governmental + involvement in the preparation of the + management plan; and + (iii) the resource protection and + interpretation strategies contained in the + management plan, if implemented, would + adequately protect the natural, historical, and + cultural resources of the National Heritage + Area. + (C) Action following disapproval.--If the Secretary + disapproves the management plan under subparagraph (A), + the Secretary shall-- + (i) advise the local coordinating entity in + writing of the reasons for the disapproval; + (ii) make recommendations for revisions to + the management plan; and + (iii) not later than 180 days after the + receipt of any proposed revision of the + management plan from the local coordinating + entity, approve or disapprove the proposed + revision. + (D) Amendments.-- + (i) In general.--The Secretary shall + approve or disapprove each amendment to the + management plan that the Secretary determines + make a substantial change to the management + plan. + (ii) Use of funds.--The local coordinating + entity shall not use Federal funds authorized + by this subsection to carry out any amendments + to the management plan until the Secretary has + approved the amendments. + (d) Relationship to Other Federal Agencies.-- + (1) In general.--Nothing in this section affects the + authority of a Federal agency to provide technical or financial + assistance under any other law. + (2) Consultation and coordination.--The head of any Federal + agency planning to conduct activities that may have an impact + on a National Heritage Area designated by subsection (a) is + encouraged to consult and coordinate the activities with the + Secretary and the local coordinating entity to the maximum + extent practicable. + (3) Other federal agencies.--Nothing in this section-- + (A) modifies, alters, or amends any law or + regulation authorizing a Federal agency to manage + Federal land under the jurisdiction of the Federal + agency; + (B) limits the discretion of a Federal land manager + to implement an approved land use plan within the + boundaries of a National Heritage Area designated by + subsection (a); or + (C) modifies, alters, or amends any authorized use + of Federal land under the jurisdiction of a Federal + agency. + (e) Private Property and Regulatory Protections.--Nothing in this +section-- + (1) abridges the rights of any property owner (whether + public or private), including the right to refrain from + participating in any plan, project, program, or activity + conducted within a National Heritage Area designated by + subsection (a); + (2) requires any property owner-- + (A) to permit public access (including access by + Federal, State, or local agencies) to the property of + the property owner; or + (B) to modify public access or use of property of + the property owner under any other Federal, State, or + local law; + (3) alters any duly adopted land use regulation, approved + land use plan, or other regulatory authority of any Federal, + State, Tribal, or local agency; + (4) conveys any land use or other regulatory authority to + the local coordinating entity; + (5) authorizes or implies the reservation or appropriation + of water or water rights; + (6) enlarges or diminishes the treaty rights of any Indian + Tribe within the National Heritage Area; + (7) diminishes-- + (A) the authority of the State to manage fish and + wildlife, including the regulation of fishing and + hunting within a National Heritage Area designated by + subsection (a); or + (B) the authority of Indian Tribes to regulate + members of Indian Tribes with respect to fishing, + hunting, and gathering in the exercise of treaty + rights; or + (8) creates any liability, or affects any liability under + any other law, of any private property owner with respect to + any person injured on the private property. + (f) Evaluation and Report.-- + (1) In general.--For each of the National Heritage Areas + designated by subsection (a), not later than 3 years before the + date on which authority for Federal funding terminates for each + National Heritage Area, the Secretary shall-- + (A) conduct an evaluation of the accomplishments of + the National Heritage Area; and + (B) prepare a report in accordance with paragraph + (3). + (2) Evaluation.--An evaluation conducted under paragraph + (1)(A) shall-- + (A) assess the progress of the local management + entity with respect to-- + (i) accomplishing the purposes of the + authorizing legislation for the National + Heritage Area; and + (ii) achieving the goals and objectives of + the approved management plan for the National + Heritage Area; + (B) analyze the investments of the Federal + Government, State, Tribal, and local governments, and + private entities in each National Heritage Area to + determine the impact of the investments; and + (C) review the management structure, partnership + relationships, and funding of the National Heritage + Area for purposes of identifying the critical + components for sustainability of the National Heritage + Area. + (3) Report.--Based on the evaluation conducted under + paragraph (1)(A), the Secretary shall submit to the Committee + on Energy and Natural Resources of the Senate and the Committee + on Natural Resources of the House of Representatives a report + that includes recommendations for the future role of the + National Park Service, if any, with respect to the National + Heritage Area. + (g) Authorization of Appropriations.-- + (1) In general.--There is authorized to be appropriated for + each National Heritage Area designated by subsection (a) to + carry out the purposes of this section $10,000,000, of which + not more than $1,000,000 may be made available in any fiscal + year. + (2) Availability.--Amounts made available under paragraph + (1) shall remain available until expended. + (3) Cost-sharing requirement.-- + (A) In general.--The Federal share of the total + cost of any activity under this section shall be not + more than 50 percent. + (B) Form.--The non-Federal contribution of the + total cost of any activity under this section may be in + the form of in-kind contributions of goods or services + fairly valued. + (4) Termination of authority.--The authority of the + Secretary to provide assistance under this section terminates + on the date that is 15 years after the date of enactment of + this Act. + +SEC. 6002. ADJUSTMENT OF BOUNDARIES OF LINCOLN NATIONAL HERITAGE AREA. + + (a) Boundary Adjustment.--Section 443(b)(1) of the Consolidated +Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 819) is +amended-- + (1) by inserting ``, Livingston,'' after ``LaSalle''; and + (2) by inserting ``, the city of Jonesboro in Union County, + and the city of Freeport in Stephenson County'' after + ``Woodford counties''. + (b) Map.--The Secretary shall update the map referred to in section +443(b)(2) of the Consolidated Natural Resources Act of 2008 to reflect +the boundary adjustment made by the amendments in subsection (a). + +SEC. 6003. FINGER LAKES NATIONAL HERITAGE AREA STUDY. + + (a) Definitions.--In this section: + (1) Heritage area.--The term ``Heritage Area'' means the + Finger Lakes National Heritage Area. + (2) State.--The term ``State'' means the State of New York. + (3) Study area.--The term ``study area'' means-- + (A) the counties in the State of Cayuga, Chemung, + Cortland, Livingston, Monroe, Onondaga, Ontario, + Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, and + Yates; and + (B) any other areas in the State that-- + (i) have heritage aspects that are similar + to the areas described in subparagraph (A); and + (ii) are adjacent to, or in the vicinity + of, those areas. + (b) Study.-- + (1) In general.--The Secretary, in consultation with State + and local historic preservation officers, State and local + historical societies, State and local tourism offices, and + other appropriate organizations and governmental agencies, + shall conduct a study to assess the suitability and feasibility + of designating the study area as a National Heritage Area, to + be known as the ``Finger Lakes National Heritage Area''. + (2) Requirements.--The study shall include analysis, + documentation, and determinations on whether the study area-- + (A) has an assemblage of natural, historic, and + cultural resources that-- + (i) represent distinctive aspects of the + heritage of the United States; + (ii) are worthy of recognition, + conservation, interpretation, and continuing + use; and + (iii) would be best managed-- + (I) through partnerships among + public and private entities; and + (II) by linking diverse and + sometimes noncontiguous resources and + active communities; + (B) reflects traditions, customs, beliefs, and + folklife that are a valuable part of the story of the + United States; + (C) provides outstanding opportunities-- + (i) to conserve natural, historic, + cultural, or scenic features; and + (ii) for recreation and education; + (D) contains resources that-- + (i) are important to any identified themes + of the study area; and + (ii) retain a degree of integrity capable + of supporting interpretation; + (E) includes residents, business interests, + nonprofit organizations, and State and local + governments that-- + (i) are involved in the planning of the + Heritage Area; + (ii) have developed a conceptual financial + plan that outlines the roles of all + participants in the Heritage Area, including + the Federal Government; and + (iii) have demonstrated support for the + designation of the Heritage Area; + (F) has a potential management entity to work in + partnership with the individuals and entities described + in subparagraph (E) to develop the Heritage Area while + encouraging State and local economic activity; and + (G) has a conceptual boundary map that is supported + by the public. + (c) Report.--Not later than 3 years after the date on which funds +are first made available to carry out this section, the Secretary shall +submit to the Committee on Natural Resources of the House of +Representatives and the Committee on Energy and Natural Resources of +the Senate a report that describes-- + (1) the findings of the study under subsection (b); and + (2) any conclusions and recommendations of the Secretary. + +SEC. 6004. NATIONAL HERITAGE AREA AMENDMENTS. + + (a) Rivers of Steel National Heritage Area.--Section 409(a) of the +Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104- +333; 110 Stat. 4256; 129 Stat. 2551) is amended in the second sentence, +by striking ``$17,000,000'' and inserting ``$20,000,000''. + (b) Essex National Heritage Area.--Section 508(a) of the Omnibus +Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 +Stat. 4260; 129 Stat. 2551) is amended in the second sentence, by +striking ``$17,000,000'' and inserting ``$20,000,000''. + (c) Ohio & Erie National Heritage Canalway.--Section 810(a) of the +Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104- +333; 110 Stat. 4275; 122 Stat. 826) is amended by striking the second +sentence and inserting the following: ``Not more than a total of +$20,000,000 may be appropriated for the canalway under this title.''. + (d) Blue Ridge National Heritage Area.--The Blue Ridge National +Heritage Area Act of 2003 (Public Law 108-108; 117 Stat. 1274; 131 +Stat. 461; 132 Stat. 661) is amended-- + (1) in subsection (i)(1), by striking ``$12,000,000'' and + inserting ``$14,000,000''; and + (2) by striking subsection (j) and inserting the following: + ``(j) Termination of Authority.--The authority of the Secretary to +provide assistance under this section terminates on September 30, +2021.''. + (e) MotorCities National Heritage Area.--Section 110(a) of the +Automobile National Heritage Area Act (Public Law 105-355; 112 Stat. +3252) is amended, in the second sentence, by striking ``$10,000,000'' +and inserting ``$12,000,000''. + (f) Wheeling National Heritage Area.--Subsection (h)(1) of the +Wheeling National Heritage Area Act of 2000 (Public Law 106-291; 114 +Stat. 967; 128 Stat. 2421; 129 Stat. 2550) is amended by striking +``$13,000,000'' and inserting ``$15,000,000''. + (g) Tennessee Civil War Heritage Area.--Section 208 of the Omnibus +Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 +Stat. 4248; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. +661) is amended by striking ``after'' and all that follows through the +period at the end and inserting the following: ``after September 30, +2021.''. + (h) Augusta Canal National Heritage Area.--Section 310 of the +Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104- +333; 110 Stat. 4252; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 +Stat. 661) is amended by striking ``2019'' and inserting ``2021''. + (i) South Carolina National Heritage Corridor.--Section 607 of the +Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104- +333; 110 Stat. 4264; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 +Stat. 661) is amended by striking ``2019'' and inserting ``2021''. + (j) Oil Region National Heritage Area.--The Oil Region National +Heritage Area Act (Public Law 108-447; 118 Stat. 3368) is amended by +striking ``Oil Heritage Region, Inc.'' each place it appears and +inserting ``Oil Region Alliance of Business, Industry and Tourism''. + (k) Hudson River Valley National Heritage Area Redesignation.-- + (1) In general.--The Hudson River Valley National Heritage + Area Act of 1996 (Public Law 104-333; 110 Stat. 4275) is + amended by striking ``Hudson River Valley National Heritage + Area'' each place it appears and inserting ``Maurice D. Hinchey + Hudson River Valley National Heritage Area''. + (2) Reference in law.--Any reference in a law, map, + regulation, document, paper, or other record of the United + States to the Heritage Area referred to in paragraph (1) shall + be deemed to be a reference to the ``Maurice D. Hinchey Hudson + River Valley National Heritage Area''. + + TITLE VII--WILDLIFE HABITAT AND CONSERVATION + +SEC. 7001. WILDLIFE HABITAT AND CONSERVATION. + + (a) Partners for Fish and Wildlife Program Reauthorization.-- +Section 5 of the Partners for Fish and Wildlife Act (16 U.S.C. 3774) is +amended by striking ``2006 through 2011'' and inserting ``2019 through +2023''. + (b) Fish and Wildlife Coordination.-- + (1) Purpose.--The purpose of this subsection is to protect + water, oceans, coasts, and wildlife from invasive species. + (2) Amendments to fish and wildlife coordination act.-- + (A) Short title; authorization.--The first section + of the Fish and Wildlife Coordination Act (16 U.S.C. + 661) is amended by striking ``For the purpose'' and + inserting the following: + +``SECTION 1. SHORT TITLE; AUTHORIZATION. + + ``(a) Short Title.--This Act may be cited as the `Fish and Wildlife +Coordination Act'. + ``(b) Authorization.--For the purpose''. + (B) Protection of water, oceans, coasts, and + wildlife from invasive species.--The Fish and Wildlife + Coordination Act (16 U.S.C. 661 et seq.) is amended by + adding at the end the following: + +``SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND WILDLIFE FROM + INVASIVE SPECIES. + + ``(a) Definitions.--In this section: + ``(1) Control.--The term `control', with respect to an + invasive species, means the eradication, suppression, or + reduction of the population of the invasive species within the + area in which the invasive species is present. + ``(2) Ecosystem.--The term `ecosystem' means the complex of + a community of organisms and the environment of the organisms. + ``(3) Eligible state.--The term `eligible State' means any + of-- + ``(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. + ``(4) Invasive species.-- + ``(A) In general.--The term `invasive species' + means an alien species, the introduction of which + causes, or is likely to cause, economic or + environmental harm or harm to human health. + ``(B) Associated definition.--For purposes of + subparagraph (A), the term `alien species', with + respect to a particular ecosystem, means any species + (including the seeds, eggs, spores, or other biological + material of the species that are capable of propagating + the species) that is not native to the affected + ecosystem. + ``(5) Manage; management.--The terms `manage' and + `management', with respect to an invasive species, mean the + active implementation of any activity-- + ``(A) to reduce or stop the spread of the invasive + species; and + ``(B) to inhibit further infestations of the + invasive species, the spread of the invasive species, + or harm caused by the invasive species, including + investigations regarding methods for early detection + and rapid response, prevention, control, or management + of the invasive species. + ``(6) Prevent.--The term `prevent', with respect to an + invasive species, means-- + ``(A) to hinder the introduction of the invasive + species onto land or water; or + ``(B) to impede the spread of the invasive species + within land or water by inspecting, intercepting, or + confiscating invasive species threats prior to the + establishment of the invasive species onto land or + water of an eligible State. + ``(7) Secretary concerned.--The term `Secretary concerned' + means-- + ``(A) the Secretary of the Army, with respect to + Federal land administered by the Corps of Engineers; + ``(B) the Secretary of the Interior, with respect + to Federal land administered by the Secretary of the + Interior through-- + ``(i) the United States Fish and Wildlife + Service; + ``(ii) the Bureau of Indian Affairs; + ``(iii) the Bureau of Land Management; + ``(iv) the Bureau of Reclamation; or + ``(v) the National Park Service; + ``(C) the Secretary of Agriculture, with respect to + Federal land administered by the Secretary of + Agriculture through the Forest Service; and + ``(D) the head or a representative of any other + Federal agency the duties of whom require planning + relating to, and the treatment of, invasive species for + the purpose of protecting water and wildlife on land + and coasts and in oceans and water. + ``(8) Species.--The term `species' means a group of + organisms, all of which-- + ``(A) have a high degree of genetic similarity; + ``(B) are morphologically distinct; + ``(C) generally-- + ``(i) interbreed at maturity only among + themselves; and + ``(ii) produce fertile offspring; and + ``(D) show persistent differences from members of + allied groups of organisms. + ``(b) Control and Management.--Each Secretary concerned shall plan +and carry out activities on land directly managed by the Secretary +concerned to protect water and wildlife by controlling and managing +invasive species-- + ``(1) to inhibit or reduce the populations of invasive + species; and + ``(2) to effectuate restoration or reclamation efforts. + ``(c) Strategic Plan.-- + ``(1) In general.--Each Secretary concerned shall develop a + strategic plan for the implementation of the invasive species + program to achieve, to the maximum extent practicable, a + substantive annual net reduction of invasive species + populations or infested acreage on land or water managed by the + Secretary concerned. + ``(2) Coordination.--Each strategic plan under paragraph + (1) shall be developed-- + ``(A) in coordination with affected-- + ``(i) eligible States; and + ``(ii) political subdivisions of eligible + States; + ``(B) in consultation with federally recognized + Indian tribes; and + ``(C) in accordance with the priorities established + by 1 or more Governors of the eligible States in which + an ecosystem affected by an invasive species is + located. + ``(3) Factors for consideration.--In developing a strategic + plan under this subsection, the Secretary concerned shall take + into consideration the economic and ecological costs of action + or inaction, as applicable. + ``(d) Cost-effective Methods.--In selecting a method to be used to +control or manage an invasive species as part of a specific control or +management project conducted as part of a strategic plan developed +under subsection (c), the Secretary concerned shall prioritize the use +of methods that-- + ``(1) effectively control and manage invasive species, as + determined by the Secretary concerned, based on sound + scientific data; + ``(2) minimize environmental impacts; and + ``(3) control and manage invasive species in the most cost- + effective manner. + ``(e) Comparative Economic Assessment.--To achieve compliance with +subsection (d), the Secretary concerned shall require a comparative +economic assessment of invasive species control and management methods +to be conducted. + ``(f) Expedited Action.-- + ``(1) In general.--The Secretaries concerned shall use all + tools and flexibilities available (as of the date of enactment + of this section) to expedite the projects and activities + described in paragraph (2). + ``(2) Description of projects and activities.--A project or + activity referred to in paragraph (1) is a project or + activity-- + ``(A) to protect water or wildlife from an invasive + species that, as determined by the Secretary concerned + is, or will be, carried out on land or water that is-- + ``(i) directly managed by the Secretary + concerned; and + ``(ii) located in an area that is-- + ``(I) at high risk for the + introduction, establishment, or spread + of invasive species; and + ``(II) determined by the Secretary + concerned to require immediate action + to address the risk identified in + subclause (I); and + ``(B) carried out in accordance with applicable + agency procedures, including any applicable-- + ``(i) land or resource management plan; or + ``(ii) land use plan. + ``(g) Allocation of Funding.--Of the amount appropriated or +otherwise made available to each Secretary concerned for a fiscal year +for programs that address or include protection of land or water from +an invasive species, the Secretary concerned shall use not less than 75 +percent for on-the-ground control and management of invasive species, +which may include-- + ``(1) the purchase of necessary products, equipment, or + services to conduct that control and management; + ``(2) the use of integrated pest management options, + including options that use pesticides authorized for sale, + distribution, or use under the Federal Insecticide, Fungicide, + and Rodenticide Act (7 U.S.C. 136 et seq.); + ``(3) the use of biological control agents that are proven + to be effective to reduce invasive species populations; + ``(4) the use of revegetation or cultural restoration + methods designed to improve the diversity and richness of + ecosystems; + ``(5) the use of monitoring and detection activities for + invasive species, including equipment, detection dogs, and + mechanical devices; + ``(6) the use of appropriate methods to remove invasive + species from a vehicle or vessel capable of conveyance; or + ``(7) the use of other effective mechanical or manual + control methods. + ``(h) Investigations, Outreach, and Public Awareness.--Of the +amount appropriated or otherwise made available to each Secretary +concerned for a fiscal year for programs that address or include +protection of land or water from an invasive species, the Secretary +concerned may use not more than 15 percent for investigations, +development activities, and outreach and public awareness efforts to +address invasive species control and management needs. + ``(i) Administrative Costs.--Of the amount appropriated or +otherwise made available to each Secretary concerned for a fiscal year +for programs that address or include protection of land or water from +an invasive species, not more than 10 percent may be used for +administrative costs incurred to carry out those programs, including +costs relating to oversight and management of the programs, +recordkeeping, and implementation of the strategic plan developed under +subsection (c). + ``(j) Reporting Requirements.--Not later than 60 days after the end +of the second fiscal year beginning after the date of enactment of this +section, each Secretary concerned shall submit to Congress a report-- + ``(1) describing the use by the Secretary concerned during + the 2 preceding fiscal years of funds for programs that address + or include invasive species management; and + ``(2) specifying the percentage of funds expended for each + of the purposes specified in subsections (g), (h), and (i). + ``(k) Relation to Other Authority.-- + ``(1) Other invasive species control, prevention, and + management authorities.--Nothing in this section precludes the + Secretary concerned from pursuing or supporting, pursuant to + any other provision of law, any activity regarding the control, + prevention, or management of an invasive species, including + investigations to improve the control, prevention, or + management of the invasive species. + ``(2) Public water supply systems.--Nothing in this section + authorizes the Secretary concerned to suspend any water + delivery or diversion, or otherwise to prevent the operation of + a public water supply system, as a measure to control, manage, + or prevent the introduction or spread of an invasive species. + ``(l) Use of Partnerships.--Subject to the subsections (m) and (n), +the Secretary concerned may enter into any contract or cooperative +agreement with another Federal agency, an eligible State, a federally +recognized Indian tribe, a political subdivision of an eligible State, +or a private individual or entity to assist with the control and +management of an invasive species. + ``(m) Memorandum of Understanding.-- + ``(1) In general.--As a condition of a contract or + cooperative agreement under subsection (l), the Secretary + concerned and the applicable Federal agency, eligible State, + political subdivision of an eligible State, or private + individual or entity shall enter into a memorandum of + understanding that describes-- + ``(A) the nature of the partnership between the + parties to the memorandum of understanding; and + ``(B) the control and management activities to be + conducted under the contract or cooperative agreement. + ``(2) Contents.--A memorandum of understanding under this + subsection shall contain, at a minimum, the following: + ``(A) A prioritized listing of each invasive + species to be controlled or managed. + ``(B) An assessment of the total acres of land or + area of water infested by the invasive species. + ``(C) An estimate of the expected total acres of + land or area of water infested by the invasive species + after control and management of the invasive species is + attempted. + ``(D) A description of each specific, integrated + pest management option to be used, including a + comparative economic assessment to determine the least- + costly method. + ``(E) Any map, boundary, or Global Positioning + System coordinates needed to clearly identify the area + in which each control or management activity is + proposed to be conducted. + ``(F) A written assurance that each partner will + comply with section 15 of the Federal Noxious Weed Act + of 1974 (7 U.S.C. 2814). + ``(3) Coordination.--If a partner to a contract or + cooperative agreement under subsection (l) is an eligible + State, political subdivision of an eligible State, or private + individual or entity, the memorandum of understanding under + this subsection shall include a description of-- + ``(A) the means by which each applicable control or + management effort will be coordinated; and + ``(B) the expected outcomes of managing and + controlling the invasive species. + ``(4) Public outreach and awareness efforts.--If a contract + or cooperative agreement under subsection (l) involves any + outreach or public awareness effort, the memorandum of + understanding under this subsection shall include a list of + goals and objectives for each outreach or public awareness + effort that have been determined to be efficient to inform + national, regional, State, Tribal, or local audiences regarding + invasive species control and management. + ``(n) Investigations.--The purpose of any invasive species-related +investigation carried out under a contract or cooperative agreement +under subsection (l) shall be-- + ``(1) to develop solutions and specific recommendations for + control and management of invasive species; and + ``(2) specifically to provide faster implementation of + control and management methods. + ``(o) Coordination With Affected Local Governments.--Each project +and activity carried out pursuant to this section shall be coordinated +with affected local governments in a manner that is consistent with +section 202(c)(9) of the Federal Land Policy and Management Act of 1976 +(43 U.S.C. 1712(c)(9)).''. + (c) Wildlife Conservation.-- + (1) Reauthorizations.-- + (A) Reauthorization of african elephant + conservation act.--Section 2306(a) of the African + Elephant Conservation Act (16 U.S.C. 4245(a)) is + amended by striking ``2007 through 2012'' and inserting + ``2019 through 2023''. + (B) Reauthorization of asian elephant conservation + act of 1997.--Section 8(a) of the Asian Elephant + Conservation Act of 1997 (16 U.S.C. 4266(a)) is amended + by striking ``2007 through 2012'' and inserting ``2019 + through 2023''. + (C) Reauthorization of rhinoceros and tiger + conservation act of 1994.--Section 10(a) of the + Rhinoceros and Tiger Conservation Act of 1994 (16 + U.S.C. 5306(a)) is amended by striking ``2007 through + 2012'' and inserting ``2019 through 2023''. + (2) Amendments to great ape conservation act of 2000.-- + (A) Panel.--Section 4(i) of the Great Ape + Conservation Act of 2000 (16 U.S.C. 6303(i)) is + amended-- + (i) by striking paragraph (1) and inserting + the following: + ``(1) Convention.--Not later than 1 year after the date of + enactment of the Natural Resources Management Act, and every 5 + years thereafter, the Secretary may convene a panel of experts + on great apes to identify the greatest needs and priorities for + the conservation of great apes.''; + (ii) by redesignating paragraph (2) as + paragraph (5); and + (iii) by inserting after paragraph (1) the + following: + ``(2) Composition.--The Secretary shall ensure that the + panel referred to in paragraph (1) includes, to the maximum + extent practicable, 1 or more representatives-- + ``(A) from each country that comprises the natural + range of great apes; and + ``(B) with expertise in great ape conservation. + ``(3) Conservation plans.--In identifying the conservation + needs and priorities under paragraph (1), the panel referred to + in that paragraph shall consider any relevant great ape + conservation plan or strategy, including scientific research + and findings relating to-- + ``(A) the conservation needs and priorities of + great apes; + ``(B) any regional or species-specific action plan + or strategy; + ``(C) any applicable strategy developed or + initiated by the Secretary; and + ``(D) any other applicable conservation plan or + strategy. + ``(4) Funds.--Subject to the availability of + appropriations, the Secretary may use amounts available to the + Secretary to pay for the costs of convening and facilitating + any meeting of the panel referred to in paragraph (1).''. + (B) Multiyear grants.--Section 4 of the Great Ape + Conservation Act of 2000 (16 U.S.C. 6303) is amended by + adding at the end the following: + ``(j) Multiyear Grants.-- + ``(1) Authorization.--The Secretary may award to a person + who is otherwise eligible for a grant under this section a + multiyear grant to carry out a project that the person + demonstrates is an effective, long-term conservation strategy + for great apes and the habitat of great apes. + ``(2) Effect of subsection.--Nothing in this subsection + precludes the Secretary from awarding a grant on an annual + basis.''. + (C) Administrative expenses.--Section 5(b)(2) of + the Great Ape Conservation Act of 2000 (16 U.S.C. + 6304(b)(2)) is amended by striking ``$100,000'' and + inserting ``$150,000''. + (D) Authorization of appropriations.--Section 6 of + the Great Ape Conservation Act of 2000 (16 U.S.C. 6305) + is amended by striking ``2006 through 2010'' and + inserting ``2019 through 2023''. + (3) Amendments to marine turtle conservation act of 2004.-- + (A) Purpose.--Section 2 of the Marine Turtle + Conservation Act of 2004 (16 U.S.C. 6601) is amended by + striking subsection (b) and inserting the following: + ``(b) Purpose.--The purpose of this Act is to assist in the +conservation of marine turtles, freshwater turtles, and tortoises and +the habitats of marine turtles, freshwater turtles, and tortoises in +foreign countries and territories of the United States by supporting +and providing financial resources for projects-- + ``(1) to conserve marine turtle, freshwater turtle, and + tortoise habitats under the jurisdiction of United States Fish + and Wildlife Service programs; + ``(2) to conserve marine turtles, freshwater turtles, and + tortoises in those habitats; and + ``(3) to address other threats to the survival of marine + turtles, freshwater turtles, and tortoises, including habitat + loss, poaching of turtles or their eggs, and wildlife + trafficking.''. + (B) Definitions.--Section 3 of the Marine Turtle + Conservation Act of 2004 (16 U.S.C. 6602) is amended-- + (i) in paragraph (2)-- + (I) in the matter preceding + subparagraph (A), by striking ``nesting + habitats of marine turtles in foreign + countries and of marine turtles in + those habitats'' and inserting ``marine + turtles, freshwater turtles, and + tortoises, and the habitats of marine + turtles, freshwater turtles, and + tortoises, in foreign countries and + territories of the United States under + the jurisdiction of United States Fish + and Wildlife Service programs''; + (II) in subparagraphs (A), (B), and + (C), by striking ``nesting'' each place + it appears; + (III) in subparagraph (D)-- + (aa) in the matter + preceding clause (i), by + striking ``countries to--'' and + inserting ``countries--''; + (bb) in clause (i)-- + + (AA) by inserting + ``to'' before + ``protect''; and + + (BB) by striking + ``nesting'' each place + it appears; and + + (cc) in clause (ii), by + inserting ``to'' before + ``prevent''; + (IV) in subparagraph (E)(i), by + striking ``turtles on nesting habitat'' + and inserting ``turtles, freshwater + turtles, and tortoises''; + (V) in subparagraph (F), by + striking ``turtles over habitat used by + marine turtles for nesting'' and + inserting ``turtles, freshwater + turtles, and tortoises over habitats + used by marine turtles, freshwater + turtles, and tortoises''; and + (VI) in subparagraph (H), by + striking ``nesting'' each place it + appears; + (ii) by redesignating paragraphs (3), (4), + (5), and (6) as paragraphs (4), (6), (7), and + (8), respectively; + (iii) by inserting before paragraph (4) (as + so redesignated) the following: + ``(3) Freshwater turtle.-- + ``(A) In general.--The term `freshwater turtle' + means any member of the family Carettochelyidae, + Chelidae, Chelydridae, Dermatemydidae, Emydidae, + Geoemydidae, Kinosternidae, Pelomedusidae, + Platysternidae, Podocnemididae, or Trionychidae. + ``(B) Inclusions.--The term `freshwater turtle' + includes-- + ``(i) any part, product, egg, or offspring + of a turtle described in subparagraph (A); and + ``(ii) a carcass of such a turtle.''; + (iv) by inserting after paragraph (4) (as + so redesignated) the following: + ``(5) Habitat.--The term `habitat' means any marine turtle, + freshwater turtle, or tortoise habitat (including a nesting + habitat) that is under the jurisdiction of United States Fish + and Wildlife Service programs.''; and + (v) by inserting after paragraph (8) (as so + redesignated) the following: + ``(9) Territory of the united states.--The term `territory + of the United States' means-- + ``(A) American Samoa; + ``(B) the Commonwealth of the Northern Mariana + Islands; + ``(C) the Commonwealth of Puerto Rico; + ``(D) Guam; + ``(E) the United States Virgin Islands; and + ``(F) any other territory or possession of the + United States. + ``(10) Tortoise.-- + ``(A) In general.--The term `tortoise' means any + member of the family Testudinidae. + ``(B) Inclusions.--The term `tortoise' includes-- + ``(i) any part, product, egg, or offspring + of a tortoise described in subparagraph (A); + and + ``(ii) a carcass of such a tortoise.''. + (C) Conservation assistance.--Section 4 of the + Marine Turtle Conservation Act of 2004 (16 U.S.C. 6603) + is amended-- + (i) in the section heading, by striking + ``marine turtle''; + (ii) in subsection (a), by inserting ``, + freshwater turtles, or tortoises'' after + ``marine turtles''; + (iii) in subsection (b)(1)-- + (I) in the matter preceding + subparagraph (A), by inserting ``, + freshwater turtles, or tortoises'' + after ``marine turtles''; + (II) by striking subparagraph (A) + and inserting the following: + ``(A) any wildlife management authority of a + foreign country or territory of the United States that + has within its boundaries marine turtle, freshwater + turtle, or tortoise habitat, if the activities of the + authority directly or indirectly affect marine turtle, + freshwater turtle, or tortoise conservation; or''; and + (III) in subparagraph (B), by + inserting ``, freshwater turtles, or + tortoises'' after ``marine turtles''; + (iv) in subsection (c)(2), in each of + subparagraphs (A) and (C), by inserting ``and + territory of the United States'' after ``each + country''; + (v) by striking subsection (d) and + inserting the following: + ``(d) Criteria for Approval.--The Secretary may approve a project +proposal under this section if the Secretary determines that the +project will help to restore, recover, and sustain a viable population +of marine turtles, freshwater turtles, or tortoises in the wild by +assisting efforts in a foreign country or territory of the United +States to implement a marine turtle, freshwater turtle, or tortoise +conservation program.''; and + (vi) in subsection (e), by striking + ``marine turtles and their nesting habitats'' + and inserting ``marine turtles, freshwater + turtles, or tortoises and the habitats of + marine turtles, freshwater turtles, or + tortoises''. + (D) Marine turtle conservation fund.--Section 5 of + the Marine Turtle Conservation Act of 2004 (16 U.S.C. + 6604) is amended-- + (i) in subsection (a)(2), by striking + ``section 6'' and inserting ``section 7(a)''; + and + (ii) in subsection (b)(2), by striking ``3 + percent, or up to $80,000'' and inserting ``5 + percent, or up to $150,000''. + (E) Advisory group.--Section 6(a) of the Marine + Turtle Conservation Act of 2004 (16 U.S.C. 6605(a)) is + amended by inserting ``, freshwater turtles, or + tortoises'' after ``marine turtles''. + (F) Authorization of appropriations.--Section 7 of + the Marine Turtle Conservation Act of 2004 (16 U.S.C. + 6606) is amended to read as follows: + +``SEC. 7. AUTHORIZATION OF APPROPRIATIONS. + + ``(a) In General.--There is authorized to be appropriated to the +Fund $5,000,000 for each of fiscal years 2019 through 2023. + ``(b) Allocation.--Of the amounts made available for each fiscal +year pursuant to subsection (a)-- + ``(1) not less than $1,510,000 shall be used by the + Secretary for marine turtle conservation purposes in accordance + with this Act; and + ``(2) of the amounts in excess of the amount described in + paragraph (1), not less than 40 percent shall be used by the + Secretary for freshwater turtle and tortoise conservation + purposes in accordance with this Act.''. + (d) Prize Competitions.-- + (1) Definitions.--In this subsection: + (A) Non-federal funds.--The term ``non-Federal + funds'' means funds provided by-- + (i) a State; + (ii) a territory of the United States; + (iii) 1 or more units of local or tribal + government; + (iv) a private for-profit entity; + (v) a nonprofit organization; or + (vi) a private individual. + (B) Secretary.--The term ``Secretary'' means the + Secretary, acting through the Director of the United + States Fish and Wildlife Service. + (C) Wildlife.--The term ``wildlife'' has the + meaning given the term in section 8 of the Fish and + Wildlife Coordination Act (16 U.S.C. 666b). + (2) Theodore roosevelt genius prize for prevention of + wildlife poaching and trafficking.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the + Prevention of Wildlife Poaching and Trafficking + Technology Advisory Board established by + subparagraph (C)(i). + (ii) Prize competition.--The term ``prize + competition'' means the Theodore Roosevelt + Genius Prize for the prevention of wildlife + poaching and trafficking established under + subparagraph (B). + (B) Authority.--Not later than 180 days after the + date of enactment of this Act, the Secretary shall + establish under section 24 of the Stevenson-Wydler + Technology Innovation Act of 1980 (15 U.S.C. 3719) a + prize competition, to be known as the ``Theodore + Roosevelt Genius Prize for the prevention of wildlife + poaching and trafficking''-- + (i) to encourage technological innovation + with the potential to advance the mission of + the United States Fish and Wildlife Service + with respect to the prevention of wildlife + poaching and trafficking; and + (ii) to award 1 or more prizes annually for + a technological advancement that prevents + wildlife poaching and trafficking. + (C) Advisory board.-- + (i) Establishment.--There is established an + advisory board, to be known as the ``Prevention + of Wildlife Poaching and Trafficking Technology + Advisory Board''. + (ii) Composition.--The Board shall be + composed of not fewer than 9 members appointed + by the Secretary, who shall provide expertise + in-- + (I) wildlife trafficking and trade; + (II) wildlife conservation and + management; + (III) biology; + (IV) technology development; + (V) engineering; + (VI) economics; + (VII) business development and + management; and + (VIII) any other discipline, as the + Secretary determines to be necessary to + achieve the purposes of this paragraph. + (iii) Duties.--Subject to clause (iv), with + respect to the prize competition, the Board + shall-- + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary + regarding any opportunity for + technological innovation to prevent + wildlife poaching and trafficking; and + (IV) advise winners of the prize + competition regarding opportunities to + pilot and implement winning + technologies in relevant fields, + including in partnership with + conservation organizations, Federal or + State agencies, federally recognized + Indian tribes, private entities, and + research institutions with expertise or + interest relating to the prevention of + wildlife poaching and trafficking. + (iv) Consultation.--In selecting a topic + and issuing a problem statement for the prize + competition under subclauses (I) and (II) of + clause (iii), respectively, the Board shall + consult widely with Federal and non-Federal + stakeholders, including-- + (I) 1 or more Federal agencies with + jurisdiction over the prevention of + wildlife poaching and trafficking; + (II) 1 or more State agencies with + jurisdiction over the prevention of + wildlife poaching and trafficking; + (III) 1 or more State, regional, or + local wildlife organizations, the + mission of which relates to the + prevention of wildlife poaching and + trafficking; and + (IV) 1 or more wildlife + conservation groups, technology + companies, research institutions, + institutions of higher education, + industry associations, or individual + stakeholders with an interest in the + prevention of wildlife poaching and + trafficking. + (v) Requirements.--The Board shall comply + with all requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife + foundation.-- + (i) In general.--The Secretary shall offer + to enter into an agreement under which the + National Fish and Wildlife Foundation shall + administer the prize competition. + (ii) Requirements.--An agreement entered + into under clause (i) shall comply with all + requirements under paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall + appoint not fewer than 3 judges who shall, + except as provided in clause (ii), select the 1 + or more annual winners of the prize + competition. + (ii) Determination by secretary.--The + judges appointed under clause (i) shall not + select any annual winner of the prize + competition if the Secretary makes a + determination that, in any fiscal year, none of + the technological advancements entered into the + prize competition merits an award. + (F) Report to congress.--Not later than 60 days + after the date on which a cash prize is awarded under + this paragraph, the Secretary shall submit to the + Committee on Environment and Public Works of the Senate + and the Committee on Natural Resources of the House of + Representatives a report on the prize competition that + includes-- + (i) a statement by the Board that describes + the activities carried out by the Board + relating to the duties described in + subparagraph (C)(iii); + (ii) if the Secretary has entered into an + agreement under subparagraph (D)(i), a + statement by the National Fish and Wildlife + Foundation that describes the activities + carried out by the National Fish and Wildlife + Foundation relating to the duties described in + paragraph (7)(B); and + (iii) a statement by 1 or more of the + judges appointed under subparagraph (E) that + explains the basis on which the winner of the + cash prize was selected. + (G) Termination of authority.--The Board and all + authority provided under this paragraph shall terminate + on December 31, 2023. + (3) Theodore roosevelt genius prize for promotion of + wildlife conservation.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the + Promotion of Wildlife Conservation Technology + Advisory Board established by subparagraph + (C)(i). + (ii) Prize competition.--The term ``prize + competition'' means the Theodore Roosevelt + Genius Prize for the promotion of wildlife + conservation established under subparagraph + (B). + (B) Authority.--Not later than 180 days after the + date of enactment of this Act, the Secretary shall + establish under section 24 of the Stevenson-Wydler + Technology Innovation Act of 1980 (15 U.S.C. 3719) a + prize competition, to be known as the ``Theodore + Roosevelt Genius Prize for the promotion of wildlife + conservation''-- + (i) to encourage technological innovation + with the potential to advance the mission of + the United States Fish and Wildlife Service + with respect to the promotion of wildlife + conservation; and + (ii) to award 1 or more prizes annually for + a technological advancement that promotes + wildlife conservation. + (C) Advisory board.-- + (i) Establishment.--There is established an + advisory board, to be known as the ``Promotion + of Wildlife Conservation Technology Advisory + Board''. + (ii) Composition.--The Board shall be + composed of not fewer than 9 members appointed + by the Secretary, who shall provide expertise + in-- + (I) wildlife conservation and + management; + (II) biology; + (III) technology development; + (IV) engineering; + (V) economics; + (VI) business development and + management; and + (VII) any other discipline, as the + Secretary determines to be necessary to + achieve the purposes of this paragraph. + (iii) Duties.--Subject to clause (iv), with + respect to the prize competition, the Board + shall-- + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary + regarding any opportunity for + technological innovation to promote + wildlife conservation; and + (IV) advise winners of the prize + competition regarding opportunities to + pilot and implement winning + technologies in relevant fields, + including in partnership with + conservation organizations, Federal or + State agencies, federally recognized + Indian tribes, private entities, and + research institutions with expertise or + interest relating to the promotion of + wildlife conservation. + (iv) Consultation.--In selecting a topic + and issuing a problem statement for the prize + competition under subclauses (I) and (II) of + clause (iii), respectively, the Board shall + consult widely with Federal and non-Federal + stakeholders, including-- + (I) 1 or more Federal agencies with + jurisdiction over the promotion of + wildlife conservation; + (II) 1 or more State agencies with + jurisdiction over the promotion of + wildlife conservation; + (III) 1 or more State, regional, or + local wildlife organizations, the + mission of which relates to the + promotion of wildlife conservation; and + (IV) 1 or more wildlife + conservation groups, technology + companies, research institutions, + institutions of higher education, + industry associations, or individual + stakeholders with an interest in the + promotion of wildlife conservation. + (v) Requirements.--The Board shall comply + with all requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife + foundation.-- + (i) In general.--The Secretary shall offer + to enter into an agreement under which the + National Fish and Wildlife Foundation shall + administer the prize competition. + (ii) Requirements.--An agreement entered + into under clause (i) shall comply with all + requirements under paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall + appoint not fewer than 3 judges who shall, + except as provided in clause (ii), select the 1 + or more annual winners of the prize + competition. + (ii) Determination by secretary.--The + judges appointed under clause (i) shall not + select any annual winner of the prize + competition if the Secretary makes a + determination that, in any fiscal year, none of + the technological advancements entered into the + prize competition merits an award. + (F) Report to congress.--Not later than 60 days + after the date on which a cash prize is awarded under + this paragraph, the Secretary shall submit to the + Committee on Environment and Public Works of the Senate + and the Committee on Natural Resources of the House of + Representatives a report on the prize competition that + includes-- + (i) a statement by the Board that describes + the activities carried out by the Board + relating to the duties described in + subparagraph (C)(iii); + (ii) if the Secretary has entered into an + agreement under subparagraph (D)(i), a + statement by the National Fish and Wildlife + Foundation that describes the activities + carried out by the National Fish and Wildlife + Foundation relating to the duties described in + paragraph (7)(B); and + (iii) a statement by 1 or more of the + judges appointed under subparagraph (E) that + explains the basis on which the winner of the + cash prize was selected. + (G) Termination of authority.--The Board and all + authority provided under this paragraph shall terminate + on December 31, 2023. + (4) Theodore roosevelt genius prize for management of + invasive species.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the + Management of Invasive Species Technology + Advisory Board established by subparagraph + (C)(i). + (ii) Prize competition.--The term ``prize + competition'' means the Theodore Roosevelt + Genius Prize for the management of invasive + species established under subparagraph (B). + (B) Authority.--Not later than 180 days after the + date of enactment of this Act, the Secretary shall + establish under section 24 of the Stevenson-Wydler + Technology Innovation Act of 1980 (15 U.S.C. 3719) a + prize competition, to be known as the ``Theodore + Roosevelt Genius Prize for the management of invasive + species''-- + (i) to encourage technological innovation + with the potential to advance the mission of + the United States Fish and Wildlife Service + with respect to the management of invasive + species; and + (ii) to award 1 or more prizes annually for + a technological advancement that manages + invasive species. + (C) Advisory board.-- + (i) Establishment.--There is established an + advisory board, to be known as the ``Management + of Invasive Species Technology Advisory + Board''. + (ii) Composition.--The Board shall be + composed of not fewer than 9 members appointed + by the Secretary, who shall provide expertise + in-- + (I) invasive species; + (II) biology; + (III) technology development; + (IV) engineering; + (V) economics; + (VI) business development and + management; and + (VII) any other discipline, as the + Secretary determines to be necessary to + achieve the purposes of this paragraph. + (iii) Duties.--Subject to clause (iv), with + respect to the prize competition, the Board + shall-- + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary + regarding any opportunity for + technological innovation to manage + invasive species; and + (IV) advise winners of the prize + competition regarding opportunities to + pilot and implement winning + technologies in relevant fields, + including in partnership with + conservation organizations, Federal or + State agencies, federally recognized + Indian tribes, private entities, and + research institutions with expertise or + interest relating to the management of + invasive species. + (iv) Consultation.--In selecting a topic + and issuing a problem statement for the prize + competition under subclauses (I) and (II) of + clause (iii), respectively, the Board shall + consult widely with Federal and non-Federal + stakeholders, including-- + (I) 1 or more Federal agencies with + jurisdiction over the management of + invasive species; + (II) 1 or more State agencies with + jurisdiction over the management of + invasive species; + (III) 1 or more State, regional, or + local wildlife organizations, the + mission of which relates to the + management of invasive species; and + (IV) 1 or more wildlife + conservation groups, technology + companies, research institutions, + institutions of higher education, + industry associations, or individual + stakeholders with an interest in the + management of invasive species. + (v) Requirements.--The Board shall comply + with all requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife + foundation.-- + (i) In general.--The Secretary shall offer + to enter into an agreement under which the + National Fish and Wildlife Foundation shall + administer the prize competition. + (ii) Requirements.--An agreement entered + into under clause (i) shall comply with all + requirements under paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall + appoint not fewer than 3 judges who shall, + except as provided in clause (ii), select the 1 + or more annual winners of the prize + competition. + (ii) Determination by secretary.--The + judges appointed under clause (i) shall not + select any annual winner of the prize + competition if the Secretary makes a + determination that, in any fiscal year, none of + the technological advancements entered into the + prize competition merits an award. + (F) Report to congress.--Not later than 60 days + after the date on which a cash prize is awarded under + this paragraph, the Secretary shall submit to the + Committee on Environment and Public Works of the Senate + and the Committee on Natural Resources of the House of + Representatives a report on the prize competition that + includes-- + (i) a statement by the Board that describes + the activities carried out by the Board + relating to the duties described in + subparagraph (C)(iii); + (ii) if the Secretary has entered into an + agreement under subparagraph (D)(i), a + statement by the National Fish and Wildlife + Foundation that describes the activities + carried out by the National Fish and Wildlife + Foundation relating to the duties described in + paragraph (7)(B); and + (iii) a statement by 1 or more of the + judges appointed under subparagraph (E) that + explains the basis on which the winner of the + cash prize was selected. + (G) Termination of authority.--The Board and all + authority provided under this paragraph shall terminate + on December 31, 2023. + (5) Theodore roosevelt genius prize for protection of + endangered species.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the + Protection of Endangered Species Technology + Advisory Board established by subparagraph + (C)(i). + (ii) Prize competition.--The term ``prize + competition'' means the Theodore Roosevelt + Genius Prize for the protection of endangered + species established under subparagraph (B). + (B) Authority.--Not later than 180 days after the + date of enactment of this Act, the Secretary shall + establish under section 24 of the Stevenson-Wydler + Technology Innovation Act of 1980 (15 U.S.C. 3719) a + prize competition, to be known as the ``Theodore + Roosevelt Genius Prize for the protection of endangered + species''-- + (i) to encourage technological innovation + with the potential to advance the mission of + the United States Fish and Wildlife Service + with respect to the protection of endangered + species; and + (ii) to award 1 or more prizes annually for + a technological advancement that protects + endangered species. + (C) Advisory board.-- + (i) Establishment.--There is established an + advisory board, to be known as the ``Protection + of Endangered Species Technology Advisory + Board''. + (ii) Composition.--The Board shall be + composed of not fewer than 9 members appointed + by the Secretary, who shall provide expertise + in-- + (I) endangered species; + (II) biology; + (III) technology development; + (IV) engineering; + (V) economics; + (VI) business development and + management; and + (VII) any other discipline, as the + Secretary determines to be necessary to + achieve the purposes of this paragraph. + (iii) Duties.--Subject to clause (iv), with + respect to the prize competition, the Board + shall-- + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary + regarding any opportunity for + technological innovation to protect + endangered species; and + (IV) advise winners of the prize + competition regarding opportunities to + pilot and implement winning + technologies in relevant fields, + including in partnership with + conservation organizations, Federal or + State agencies, federally recognized + Indian tribes, private entities, and + research institutions with expertise or + interest relating to the protection of + endangered species. + (iv) Consultation.--In selecting a topic + and issuing a problem statement for the prize + competition under subclauses (I) and (II) of + clause (iii), respectively, the Board shall + consult widely with Federal and non-Federal + stakeholders, including-- + (I) 1 or more Federal agencies with + jurisdiction over the protection of + endangered species; + (II) 1 or more State agencies with + jurisdiction over the protection of + endangered species; + (III) 1 or more State, regional, or + local wildlife organizations, the + mission of which relates to the + protection of endangered species; and + (IV) 1 or more wildlife + conservation groups, technology + companies, research institutions, + institutions of higher education, + industry associations, or individual + stakeholders with an interest in the + protection of endangered species. + (v) Requirements.--The Board shall comply + with all requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife + foundation.-- + (i) In general.--The Secretary shall offer + to enter into an agreement under which the + National Fish and Wildlife Foundation shall + administer the prize competition. + (ii) Requirements.--An agreement entered + into under clause (i) shall comply with all + requirements under paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall + appoint not fewer than 3 judges who shall, + except as provided in clause (ii), select the 1 + or more annual winners of the prize + competition. + (ii) Determination by secretary.--The + judges appointed under clause (i) shall not + select any annual winner of the prize + competition if the Secretary makes a + determination that, in any fiscal year, none of + the technological advancements entered into the + prize competition merits an award. + (F) Report to congress.--Not later than 60 days + after the date on which a cash prize is awarded under + this paragraph, the Secretary shall submit to the + Committee on Environment and Public Works of the Senate + and the Committee on Natural Resources of the House of + Representatives a report on the prize competition that + includes-- + (i) a statement by the Board that describes + the activities carried out by the Board + relating to the duties described in + subparagraph (C)(iii); + (ii) if the Secretary has entered into an + agreement under subparagraph (D)(i), a + statement by the National Fish and Wildlife + Foundation that describes the activities + carried out by the National Fish and Wildlife + Foundation relating to the duties described in + paragraph (7)(B); and + (iii) a statement by 1 or more of the + judges appointed under subparagraph (E) that + explains the basis on which the winner of the + cash prize was selected. + (G) Termination of authority.--The Board and all + authority provided under this paragraph shall terminate + on December 31, 2023. + (6) Theodore roosevelt genius prize for nonlethal + management of human-wildlife conflicts.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the + Nonlethal Management of Human-Wildlife + Conflicts Technology Advisory Board established + by subparagraph (C)(i). + (ii) Prize competition.--The term ``prize + competition'' means the Theodore Roosevelt + Genius Prize for the nonlethal management of + human-wildlife conflicts established under + subparagraph (B). + (B) Authority.--Not later than 180 days after the + date of enactment of this Act, the Secretary shall + establish under section 24 of the Stevenson-Wydler + Technology Innovation Act of 1980 (15 U.S.C. 3719) a + prize competition, to be known as the ``Theodore + Roosevelt Genius Prize for the nonlethal management of + human-wildlife conflicts''-- + (i) to encourage technological innovation + with the potential to advance the mission of + the United States Fish and Wildlife Service + with respect to the nonlethal management of + human-wildlife conflicts; and + (ii) to award 1 or more prizes annually for + a technological advancement that promotes the + nonlethal management of human-wildlife + conflicts. + (C) Advisory board.-- + (i) Establishment.--There is established an + advisory board, to be known as the ``Nonlethal + Management of Human-Wildlife Conflicts + Technology Advisory Board''. + (ii) Composition.--The Board shall be + composed of not fewer than 9 members appointed + by the Secretary, who shall provide expertise + in-- + (I) nonlethal wildlife management; + (II) social aspects of human- + wildlife conflict management; + (III) biology; + (IV) technology development; + (V) engineering; + (VI) economics; + (VII) business development and + management; and + (VIII) any other discipline, as the + Secretary determines to be necessary to + achieve the purposes of this paragraph. + (iii) Duties.--Subject to clause (iv), with + respect to the prize competition, the Board + shall-- + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary + regarding any opportunity for + technological innovation to promote the + nonlethal management of human-wildlife + conflicts; and + (IV) advise winners of the prize + competition regarding opportunities to + pilot and implement winning + technologies in relevant fields, + including in partnership with + conservation organizations, Federal or + State agencies, federally recognized + Indian tribes, private entities, and + research institutions with expertise or + interest relating to the nonlethal + management of human-wildlife conflicts. + (iv) Consultation.--In selecting a topic + and issuing a problem statement for the prize + competition under subclauses (I) and (II) of + subparagraph (C), respectively, the Board shall + consult widely with Federal and non-Federal + stakeholders, including-- + (I) 1 or more Federal agencies with + jurisdiction over the management of + native wildlife species at risk due to + conflict with human activities; + (II) 1 or more State agencies with + jurisdiction over the management of + native wildlife species at risk due to + conflict with human activities; + (III) 1 or more State, regional, or + local wildlife organizations, the + mission of which relates to the + management of native wildlife species + at risk due to conflict with human + activities; and + (IV) 1 or more wildlife + conservation groups, technology + companies, research institutions, + institutions of higher education, + industry associations, or individual + stakeholders with an interest in the + management of native wildlife species + at risk due to conflict with human + activities. + (v) Requirements.--The Board shall comply + with all requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife + foundation.-- + (i) In general.--The Secretary shall offer + to enter into an agreement under which the + National Fish and Wildlife Foundation shall + administer the prize competition. + (ii) Requirements.--An agreement entered + into under clause (i) shall comply with all + requirements under paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall + appoint not fewer than 3 judges who shall, + except as provided in clause (ii), select the 1 + or more annual winners of the prize + competition. + (ii) Determination by secretary.--The + judges appointed under clause (i) shall not + select any annual winner of the prize + competition if the Secretary makes a + determination that, in any fiscal year, none of + the technological advancements entered into the + prize competition merits an award. + (F) Report to congress.--Not later than 60 days + after the date on which a cash prize is awarded under + this paragraph, the Secretary shall submit to the + Committee on Environment and Public Works of the Senate + and the Committee on Natural Resources of the House of + Representatives a report on the prize competition that + includes-- + (i) a statement by the Board that describes + the activities carried out by the Board + relating to the duties described in + subparagraph (C)(iii); + (ii) if the Secretary has entered into an + agreement under subparagraph (D)(i), a + statement by the National Fish and Wildlife + Foundation that describes the activities + carried out by the National Fish and Wildlife + Foundation relating to the duties described in + paragraph (7)(B); and + (iii) a statement by 1 or more of the + judges appointed under subparagraph (E) that + explains the basis on which the winner of the + cash prize was selected. + (G) Termination of authority.--The Board and all + authority provided under this paragraph shall terminate + on December 31, 2023. + (7) Administration of prize competitions.-- + (A) Additional requirements for advisory boards.-- + An advisory board established under paragraph + (2)(C)(i), (3)(C)(i), (4)(C)(i), (5)(C)(i), or + (6)(C)(i) (referred to in this paragraph as a + ``Board'') shall comply with the following + requirements: + (i) Term; vacancies.-- + (I) Term.--A member of the Board + shall serve for a term of 5 years. + (II) 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. + (ii) 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. + (iii) Meetings.-- + (I) In general.--The Board shall + meet at the call of the Chairperson. + (II) Remote participation.-- + (aa) In general.--Any + member of the Board may + participate in a meeting of the + Board through the use of-- + + (AA) + teleconferencing; or + + (BB) any other + remote business + telecommunications + method that allows each + participating member to + simultaneously hear + each other + participating member + during the meeting. + + (bb) Presence.--A member of + the Board who participates in a + meeting remotely under item + (aa) shall be considered to be + present at the meeting. + (iv) Quorum.--A majority of the members of + the Board shall constitute a quorum, but a + lesser number of members may hold a meeting. + (v) Chairperson and vice chairperson.--The + Board shall select a Chairperson and Vice + Chairperson from among the members of the + Board. + (vi) Administrative cost reduction.--The + Board shall, to the maximum extent practicable, + minimize the administrative costs of the Board, + including by encouraging the remote + participation described in clause (iii)(II)(aa) + to reduce travel costs. + (B) Agreements with national fish and wildlife + foundation.--Any agreement entered into under paragraph + (2)(D)(i), (3)(D)(i), (4)(D)(i), (5)(D)(i), or + (6)(D)(i) shall comply with the following requirements: + (i) Duties.--An agreement shall provide + that the National Fish and Wildlife Foundation + shall-- + (I) advertise the prize + competition; + (II) solicit prize competition + participants; + (III) administer funds relating to + the prize competition; + (IV) receive Federal funds-- + (aa) to administer the + prize competition; and + (bb) to award a cash prize; + (V) carry out activities to + generate contributions of non-Federal + funds to offset, in whole or in part-- + (aa) the administrative + costs of the prize competition; + and + (bb) the costs of a cash + prize; + (VI) in consultation with, and + subject to final approval by, the + Secretary, develop criteria for the + selection of prize competition winners; + (VII) provide advice and + consultation to the Secretary on the + selection of judges under paragraphs + (2)(E), (3)(E), (4)(E), (5)(E), and + (6)(E) based on criteria developed in + consultation with, and subject to the + final approval of, the Secretary; + (VIII) announce 1 or more annual + winners of the prize competition; + (IX) subject to clause (ii), award + 1 cash prize annually; and + (X) protect against unauthorized + use or disclosure by the National Fish + and Wildlife Foundation of any trade + secret or confidential business + information of a prize competition + participant. + (ii) Additional cash prizes.--An agreement + shall provide that the National Fish and + Wildlife Foundation may award more than 1 cash + prize annually if the initial cash prize + referred to in clause (i)(IX) and any + additional cash prize are awarded using only + non-Federal funds. + (iii) Solicitation of funds.--An agreement + shall provide that the National Fish and + Wildlife Foundation-- + (I) may request and accept Federal + funds and non-Federal funds for a cash + prize; + (II) may accept a contribution for + a cash prize in exchange for the right + to name the prize; and + (III) shall not give special + consideration to any Federal agency or + non-Federal entity in exchange for a + donation for a cash prize awarded under + this subsection. + (C) Award amounts.-- + (i) In general.--The amount of the initial + cash prize referred to in subparagraph + (B)(i)(IX) shall be $100,000. + (ii) Additional cash prizes.--On + notification by the National Fish and Wildlife + Foundation that non-Federal funds are available + for an additional cash prize, the Secretary + shall determine the amount of the additional + cash prize. + +SEC. 7002. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD CONSERVATION + ACT. + + Section 10 of the Neotropical Migratory Bird Conservation Act (16 +U.S.C. 6109) is amended to read as follows: + +``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. + + ``(a) In General.--There is authorized to be appropriated to carry +out this Act $6,500,000 for each of fiscal years 2019 through 2023. + ``(b) Use of Funds.--Of the amounts made available under subsection +(a) for each fiscal year, not less than 75 percent shall be expended +for projects carried out at a location outside of the United States.''. + +SEC. 7003. JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM. + + (a) Replacement of John H. Chafee Coastal Barrier Resources System +Maps.-- + (1) In general.--Subject to paragraph (3), each map + included in the set of maps referred to in section 4(a) of the + Coastal Barrier Resources Act (16 U.S.C. 3503(a)) that relates + to a Unit of such System referred to in paragraph (2) is + replaced in such set with the map described in that paragraph + with respect to that Unit. + (2) Replacement maps described.--The replacement maps + referred to in paragraph (1) are the following: + (A) The map entitled ``Delaware Seashore Unit DE- + 07/DE-07P North Bethany Beach Unit H01'' and dated + March 18, 2016, with respect to Unit DE-07, Unit DE- + 07P, and Unit H01. + (B) The map entitled ``Pine Island Bay Unit NC-01/ + NC-01P'' and dated March 18, 2016, with respect to Unit + NC-01 and Unit NC-01P. + (C) The map entitled ``Roosevelt Natural Area Unit + NC-05P'' and dated March 18, 2016, with respect to Unit + NC-05P. + (D) The map entitled ``Hammocks Beach Unit NC-06/ + NC-06P (2 of 2) Onslow Beach Complex L05 (1 of 2)'' and + dated March 18, 2016, with respect to Unit L05. + (E) The map entitled ``Onslow Beach Complex L05 (2 + of 2) Topsail Unit L06 (1 of 2)'' and dated November + 20, 2013, with respect to Unit L05 and Unit L06. + (F) The map entitled ``Topsail Unit L06 (2 of 2)'' + and dated November 20, 2013, with respect to Unit L06. + (G) The map entitled ``Litchfield Beach Unit M02 + Pawleys Inlet Unit M03'' and dated March 18, 2016, with + respect to Unit M02 and Unit M03. + (H) The map entitled ``Fort Clinch Unit FL-01/FL- + 01P'' and dated March 18, 2016, with respect to Unit + FL-01 and Unit FL-01P. + (I) The map entitled ``Usina Beach Unit P04A Conch + Island Unit P05/P05P'' and dated March 18, 2016, with + respect to Unit P04A, Unit P05, and Unit P05P. + (J) The map entitled ``Ponce Inlet Unit P08/P08P'' + and dated March 18, 2016, with respect to Unit P08 and + Unit P08P. + (K) The map entitled ``Spessard Holland Park Unit + FL-13P Coconut Point Unit P09A/P09AP'' and dated March + 18, 2016, with respect to Unit FL-13P, Unit P09A, and + Unit P09AP. + (L) The map entitled ``Blue Hole Unit P10A Pepper + Beach Unit FL-14P'' and dated March 18, 2016, with + respect to Unit P10A and Unit FL-14P. + (M) The map entitled ``Hutchinson Island Unit P11/ + P11P (1 of 2)'' and dated March 18, 2016, with respect + to Unit P11 and Unit P11P. + (N) The map entitled ``Hutchinson Island Unit P11 + (2 of 2)'' and dated March 18, 2016, with respect to + Unit P11. + (O) The map entitled ``Blowing Rocks Unit FL-15 + Jupiter Beach Unit FL-16P Carlin Unit FL-17P'' and + dated March 18, 2016, with respect to Unit FL-15, Unit + FL-16P, and Unit FL-17P. + (P) The map entitled ``MacArthur Beach Unit FL- + 18P'' and dated March 18, 2016, with respect to Unit + FL-18P. + (Q) The map entitled ``Birch Park Unit FL-19P'' and + dated March 18, 2016, with respect to Unit FL-19P. + (R) The map entitled ``Lloyd Beach Unit FL-20P + North Beach Unit P14A'' and dated March 18, 2016, with + respect to Unit FL-20P and Unit P14A. + (S) The map entitled ``Tavernier Key Unit FL-39 + Snake Creek Unit FL-40'' and dated March 18, 2016, with + respect to Unit FL-39 and Unit FL-40. + (T) The map entitled ``Channel Key Unit FL-43 Toms + Harbor Keys Unit FL-44 Deer/Long Point Keys Unit FL- + 45'' and dated March 18, 2016, with respect to Unit FL- + 43, Unit FL-44, and FL-45. + (U) The map entitled ``Boot Key Unit FL-46'' and + dated March 18, 2016, with respect to Unit FL-46. + (V) The map entitled ``Bowditch Point Unit P17A + Bunche Beach Unit FL-67/FL-67P Sanibel Island Complex + P18P (1 of 2)'' and dated March 18, 2016, with respect + to Unit P17A, Unit FL-67, and Unit FL-67P. + (W) The map entitled ``Bocilla Island Unit P21/ + P21P'' and dated March 18, 2016, with respect to Unit + P21 and Unit P21P. + (X) The map entitled ``Venice Inlet Unit FL-71P + Casey Key Unit P22'' and dated March 18, 2016, with + respect to Unit P22. + (Y) The map entitled ``Lido Key Unit FL-72P'' and + dated March 18, 2016, with respect to Unit FL-72P. + (Z) The map entitled ``De Soto Unit FL-73P + Rattlesnake Key Unit FL-78 Bishop Harbor Unit FL-82'' + and dated March 18, 2016, with respect to Unit FL-73P, + Unit FL-78, and Unit FL-82. + (AA) The map entitled ``Passage Key Unit FL-80P + Egmont Key Unit FL-81/FL-81P The Reefs Unit P24P (1 of + 2)'' and dated March 18, 2016, with respect to Unit FL- + 80P, Unit FL-81, and Unit FL-81P. + (BB) The map entitled ``Cockroach Bay Unit FL-83'' + and dated March 18, 2016, with respect to Unit FL-83. + (CC) The map entitled ``Sand Key Unit FL-85P'' and + dated March 18, 2016, with respect to Unit FL-85P. + (DD) The map entitled ``Pepperfish Keys Unit P26'' + and dated March 18, 2016, with respect to Unit P26. + (EE) The map entitled ``Peninsula Point Unit FL- + 89'' and dated March 18, 2016, with respect to Unit FL- + 89. + (FF) The map entitled ``Phillips Inlet Unit FL-93/ + FL-93P Deer Lake Complex FL-94'' and dated March 18, + 2016, with respect to Unit FL-93, Unit FL-93P, and Unit + FL-94. + (GG) The map entitled ``St. Andrew Complex P31 (1 + of 3)'' and dated October 7, 2016, with respect to Unit + P31. + (HH) The map entitled ``St. Andrew Complex P31 (2 + of 3)'' and dated October 7, 2016, with respect to Unit + P31. + (II) The map entitled ``St. Andrew Complex P31/P31P + (3 of 3)'' and dated October 7, 2016, with respect to + Unit P31 and Unit P31P. + (3) Limitations.--For purposes of paragraph (1)-- + (A) nothing in this subsection affects the + boundaries of any of Units NC-06 and NC-06P; + (B) the occurrence in paragraph (2) of the name of + a Unit solely in the title of a map shall not be + construed to be a reference to such Unit; and + (C) the depiction of boundaries of any of Units + P18P, FL-71P, and P24P in a map referred to in + subparagraph (V), (X), or (AA) of paragraph (2) shall + not be construed to affect the boundaries of such Unit. + (4) Conforming amendment.--Section 4(a) of the Coastal + Barrier Resources Act (16 U.S.C. 3503(a)) is amended-- + (A) in the matter preceding paragraph (1), by + inserting ``replaced,'' after ``may be''; and + (B) in paragraph (3), by inserting ``replaces such + a map or'' after ``that specifically''. + (b) Digital Maps of John H. Chafee Coastal Barrier Resources System +Units.--Section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. +3503(b)) is amended-- + (1) by inserting before the first sentence the following: + ``(1) In general.--''; and + (2) by adding at the end the following: + ``(2) Digital maps.-- + ``(A) Availability.--The Secretary shall make + available to the public on the Internet web site of the + United States Fish and Wildlife Service digital + versions of the maps included in the set of maps + referred to in subsection (a). + ``(B) Effect.--Any determination as to whether a + location is inside or outside the System shall be made + without regard to the digital maps available under this + paragraph, except that this subparagraph does not apply + with respect to any printed version of such a digital + map if the printed version is included in the maps + referred to in subsection (a). + ``(C) Report.--No later than 180 days after the + date of the enactment of Natural Resources Management + Act, the Secretary shall submit to the Committee on + Natural Resources of the House of Representatives and + the Committee on Environment and Public Works of the + Senate a report regarding the progress and challenges + in the transition from paper to digital maps and a + timetable for completion of the digitization of all + maps related to the System.''. + (c) Repeal of Report.--Section 3 of Public Law 109-226 (16 U.S.C. +3503 note) is repealed. + + TITLE VIII--WATER AND POWER + + Subtitle A--Reclamation Title Transfer + +SEC. 8001. PURPOSE. + + The purpose of this subtitle is to facilitate the transfer of title +to Reclamation project facilities to qualifying entities on the +completion of repayment of capital costs. + +SEC. 8002. DEFINITIONS. + + In this subtitle: + (1) Conveyed property.--The term ``conveyed property'' + means an eligible facility that has been conveyed to a + qualifying entity under section 8003. + (2) Eligible facility.--The term ``eligible facility'' + means a facility that meets the criteria for potential transfer + established under section 8004(a). + (3) Facility.-- + (A) In general.--The term ``facility'' includes a + dam or appurtenant works, canal, lateral, ditch, gate, + control structure, pumping station, other + infrastructure, recreational facility, building, + distribution and drainage works, and associated land or + interest in land or water. + (B) Exclusions.--The term ``facility'' does not + include a Reclamation project facility, or a portion of + a Reclamation project facility-- + (i) that is a reserved works as of the date + of enactment of this Act; + (ii) that generates hydropower marketed by + a Federal power marketing administration; or + (iii) that is managed for recreation under + a lease, permit, license, or other management + agreement that does contribute to capital + repayment. + (4) Project use power.--The term ``project use power'' + means the electrical capacity, energy, and associated ancillary + service components required to provide the minimum electrical + service needed to operate or maintain Reclamation project + facilities in accordance with the authorization for the + Reclamation project. + (5) Qualifying entity.--The term ``qualifying entity'' + means an agency of a State or political subdivision of a State, + a joint action or powers agency, a water users association, or + an Indian Tribe or Tribal utility authority that-- + (A) as of the date of conveyance under this + subtitle, is the current operator of the eligible + facility pursuant to a contract with Reclamation; and + (B) as determined by the Secretary, has the + capacity to continue to manage the eligible facility + for the same purposes for which the property has been + managed under the reclamation laws. + (6) Reclamation.--The term ``Reclamation'' means the Bureau + of Reclamation. + (7) Reclamation project.--The term ``Reclamation project'' + means-- + (A) any reclamation or irrigation project, + including incidental features of the project-- + (i) that is authorized by the reclamation + laws; + (ii) that is constructed by the United + States pursuant to the reclamation laws; or + (iii) in connection with which there is a + repayment or water service contract executed by + the United States pursuant to the reclamation + laws; or + (B) any project constructed by the Secretary for + the reclamation of land. + (8) Reserved works.--The term ``reserved works'' means any + building, structure, facility, or equipment-- + (A) that is owned by the Bureau; and + (B) for which operations and maintenance are + performed, regardless of the source of funding-- + (i) by an employee of the Bureau; or + (ii) through a contract entered into by the + Commissioner. + (9) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Commissioner of Reclamation. + +SEC. 8003. AUTHORIZATION OF TRANSFERS OF TITLE TO ELIGIBLE FACILITIES. + + (a) Authorization.-- + (1) In general.--Subject to the requirements of this + subtitle, the Secretary, without further authorization from + Congress, may, on application of a qualifying entity, convey to + a qualifying entity all right, title, and interest of the + United States in and to any eligible facility, if-- + (A) not later than 90 days before the date on which + the Secretary makes the conveyance, the Secretary + submits to Congress-- + (i) a written notice of the proposed + conveyance; and + (ii) a description of the reasons for the + conveyance; and + (B) a joint resolution disapproving the conveyance + is not enacted before the date on which the Secretary + makes the conveyance. + (2) Consultation.--A conveyance under paragraph (1) shall + be made by written agreement between the Secretary and the + qualifying entity, developed in consultation with any existing + water and power customers affected by the conveyance of the + eligible facility. + (b) Reservation of Easement.--The Secretary may reserve an easement +over a conveyed property if-- + (1) the Secretary determines that the easement is necessary + for the management of any interests retained by the Federal + Government under this subtitle; + (2) the Reclamation project or a portion of the Reclamation + project remains under Federal ownership; and + (3) the Secretary enters into an agreement regarding the + easement with the applicable qualifying entity. + (c) Interests in Water.--No interests in water shall be conveyed +under this subtitle unless the conveyance is provided for in a +separate, quantified agreement between the Secretary and the qualifying +entity, subject to applicable State law and public process +requirements. + +SEC. 8004. ELIGIBILITY CRITERIA. + + (a) Establishment.--The Secretary shall establish criteria for +determining whether a facility is eligible for conveyance under this +subtitle. + (b) Minimum Requirements.-- + (1) Agreement of qualifying entity.--The criteria + established under subsection (a) shall include a requirement + that a qualifying entity shall agree-- + (A) to accept title to the eligible facility; + (B) to use the eligible facility for substantially + the same purposes for which the eligible facility is + being used at the time the Secretary evaluates the + potential transfer; and + (C) to provide, as consideration for the assets to + be conveyed, compensation to the reclamation fund + established by the first section of the Act of June 17, + 1902 (32 Stat. 388, chapter 1093), in an amount that is + the equivalent of the net present value of any + repayment obligation to the United States or other + income stream that the United States derives from the + eligible facility to be transferred, as of the date of + the transfer. + (2) Determinations of secretary.--The criteria established + under subsection (a) shall include a requirement that the + Secretary shall-- + (A) be able to enter into an agreement with the + qualifying entity with respect to the legal, + institutional, and financial arrangements relating to + the conveyance; + (B) determine that the proposed transfer-- + (i) would not have an unmitigated + significant effect on the environment; + (ii) is consistent with the + responsibilities of the Secretary-- + (I) in the role as trustee for + federally recognized Indian Tribes; and + (II) to ensure compliance with any + applicable international and Tribal + treaties and agreements and interstate + compacts and agreements; + (iii) is in the financial interest of the + United States; + (iv) protects the public aspects of the + eligible facility, including water rights + managed for public purposes, such as flood + control or fish and wildlife; + (v) complies with all applicable Federal + and State law; and + (vi) will not result in an adverse impact + on fulfillment of existing water delivery + obligations consistent with historical + operations and applicable contracts; and + (C) if the eligible facility proposed to be + transferred is a dam or diversion works (not including + canals or other project features that receive or convey + water from the diverting works) diverting water from a + water body containing a species listed as a threatened + species or an endangered species or critical habitat + under the Endangered Species Act of 1973 (16 U.S.C. + 1531 et seq.), determine that-- + (i) the eligible facility continues to + comply with the Endangered Species Act of 1973 + (16 U.S.C. 1531 et seq.) in a manner that + provides no less protection to the listed + species as existed under Federal ownership; and + (ii) the eligible facility is not part of + the Central Valley Project in the State of + California. + (3) Status of reclamation land.--The criteria established + under subsection (a) shall require that any land to be conveyed + out of Federal ownership under this subtitle is-- + (A) land acquired by the Secretary; or + (B) land withdrawn by the Secretary, only if-- + (i) the Secretary determines in writing + that the withdrawn land is encumbered by + facilities to the extent that the withdrawn + land is unsuitable for return to the public + domain; and + (ii) the qualifying entity agrees to pay + fair market value based on historical or + existing uses for the withdrawn land to be + conveyed. + (c) Hold Harmless.--No conveyance under this subtitle shall +adversely impact applicable Federal power rates, repayment obligations, +or other project power uses. + +SEC. 8005. LIABILITY. + + (a) In General.--Effective on the date of conveyance of any +eligible facility under this subtitle, the United States shall not be +held liable by any court for damages of any kind arising out of any +act, omission, or occurrence relating to the eligible facility, other +than damages caused by acts of negligence committed by the United +States or by agents or employees of the United States prior to the date +of the conveyance. + (b) Effect.--Nothing in this section increases the liability of the +United States beyond that currently provided in chapter 171 of title +28, United States Code (commonly known as the ``Federal Tort Claims +Act''). + +SEC. 8006. BENEFITS. + + After a conveyance of an eligible facility under this subtitle-- + (1) the conveyed property shall no longer be considered to + be part of a Reclamation project; + (2) except as provided in paragraph (3), the qualifying + entity to which the conveyed property is conveyed shall not be + eligible to receive any benefits, including project use power, + with respect to the conveyed property, except for any benefit + that would be available to a similarly situated entity with + respect to property that is not a part of a Reclamation + project; and + (3) the qualifying entity to which the conveyed property is + conveyed may be eligible to receive project use power if-- + (A) the qualifying entity is receiving project use + power as of the date of enactment of this Act; + (B) the project use power will be used for the + delivery of Reclamation project water; and + (C) the Secretary and the qualifying entity enter + into an agreement under which the qualifying entity + agrees to continue to be responsible for a + proportionate share of operation and maintenance and + capital costs for the Federal facilities that generate + and deliver, if applicable, power used for delivery of + Reclamation project water after the date of conveyance, + in accordance with Reclamation project use power rates. + +SEC. 8007. COMPLIANCE WITH OTHER LAWS. + + (a) In General.--Before conveying an eligible facility under this +subtitle, the Secretary shall comply with all applicable Federal +environmental laws, including-- + (1) the National Environmental Policy Act of 1969 (42 + U.S.C. 4321 et seq.); + (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.); and + (3) subtitle III of title 54, United States Code. + (b) Sense of Congress.--It is the sense of Congress that any +Federal permitting and review processes required with respect to a +conveyance of an eligible facility under this subtitle should be +completed with the maximum efficiency and effectiveness. + + Subtitle B--Endangered Fish Recovery Programs + +SEC. 8101. EXTENSION OF AUTHORIZATION FOR ANNUAL BASE FUNDING OF FISH + RECOVERY PROGRAMS; REMOVAL OF CERTAIN REPORTING + REQUIREMENT. + + Section 3(d) of Public Law 106-392 (114 Stat. 1604; 126 Stat. 2444) +is amended-- + (1) by striking paragraph (1) and inserting the following: + ``(1) Authorization of appropriations.-- + ``(A) In general.--There is authorized to be + appropriated to the Secretary to be used by the Bureau + of Reclamation to make the annual base funding + contributions to the Recovery Implementation Programs + $10,000,000 for each of fiscal years 2020 through 2023. + ``(B) Nonreimursable funds.--The funds contributed + to the Recovery Implementation Programs under + subparagraph (A) shall be considered a nonreimbursable + Federal expenditure.''; and + (2) in paragraph (2), by striking the fourth, fifth, sixth, + and seventh sentences. + +SEC. 8102. REPORT ON RECOVERY IMPLEMENTATION PROGRAMS. + + Section 3 of Public Law 106-392 (114 Stat. 1603; 126 Stat. 2444) is +amended by adding at the end the following: + ``(j) Report.-- + ``(1) In general.--Not later than September 30, 2021, the + Secretary shall submit to the appropriate committees of + Congress a report that-- + ``(A) describes the accomplishments of the Recovery + Implementation Programs; + ``(B) identifies-- + ``(i) as of the date of the report, the + listing status under the Endangered Species Act + of 1973 (16 U.S.C. 1531 et seq.) of the + Colorado pikeminnow, humpback chub, razorback + sucker, and bonytail; and + ``(ii) as of September 30, 2023, the + projected listing status under that Act of each + of the species referred to in clause (i); + ``(C)(i) identifies-- + ``(I) the total expenditures and the + expenditures by categories of activities by the + Recovery Implementation Programs during the + period beginning on the date on which the + applicable Recovery Implementation Program was + established and ending on September 30, 2021; + and + ``(II) projected expenditures by the + Recovery Implementation Programs during the + period beginning on October 1, 2021, and ending + on September 30, 2023; and + ``(ii) for purposes of the expenditures identified + under clause (i), includes a description of-- + ``(I) any expenditures of appropriated + funds; + ``(II) any power revenues; + ``(III) any contributions by the States, + power customers, Tribes, water users, and + environmental organizations; and + ``(IV) any other sources of funds for the + Recovery Implementation Programs; and + ``(D) describes-- + ``(i) any activities to be carried out + under the Recovery Implementation Program after + September 30, 2023; and + ``(ii) the projected cost of the activities + described under clause (i). + ``(2) Consultation required.--The Secretary shall consult + with the participants in the Recovery Implementation Programs + in preparing the report under paragraph (1).''. + + Subtitle C--Yakima River Basin Water Enhancement Project + +SEC. 8201. AUTHORIZATION OF PHASE III. + + (a) Definitions.--In this section: + (1) Integrated plan.--The term ``Integrated Plan'' means + the Yakima River Basin Integrated Water Resource Management + Plan, the Federal elements of which are known as ``phase III of + the Yakima River Basin Water Enhancement Project'', as + described in the Bureau of Reclamation document entitled + ``Record of Decision for the Yakima River Basin Integrated + Water Resource Management Plan Final Programmatic Environmental + Impact Statement'' and dated March 2, 2012. + (2) Irrigation entity.--The term ``irrigation entity'' + means a district, project, or State-recognized authority, board + of control, agency, or entity located in the Yakima River basin + that manages and delivers irrigation water to farms in the + Yakima River basin. + (3) Proratable irrigation entity.--The term ``proratable + irrigation entity'' means an irrigation entity that possesses, + or the members of which possess, proratable water (as defined + in section 1202 of Public Law 103-434 (108 Stat. 4551)). + (4) State.--The term ``State'' means the State of + Washington. + (5) Total water supply available.--The term ``total water + supply available'' has the meaning given the term in applicable + civil actions, as determined by the Secretary. + (6) Yakima river basin water enhancement project.--The term + ``Yakima River Basin Water Enhancement Project'' means the + Yakima River basin water enhancement project authorized by + Congress pursuant to title XII of Public Law 103-434 (108 Stat. + 4550; 114 Stat. 1425) and other Acts (including Public Law 96- + 162 (93 Stat. 1241), section 109 of Public Law 98-381 (16 + U.S.C. 839b note), and Public Law 105-62 (111 Stat. 1320)) to + promote water conservation, water supply, habitat, and stream + enhancement improvements in the Yakima River basin. + (b) Integrated Plan.-- + (1) Initial development phase.-- + (A) In general.--As the initial development phase + of the Integrated Plan, the Secretary, in coordination + with the State and the Yakama Nation, shall identify + and implement projects under the Integrated Plan that + are prepared to be commenced during the 10-year period + beginning on the date of enactment of this Act. + (B) Requirement.--The initial development phase of + the Integrated Plan under subparagraph (A) shall be + carried out in accordance with-- + (i) this subsection, including any related + plans, reports, and correspondence referred to + in this subsection; and + (ii) title XII of Public Law 103-434 (108 + Stat. 4550; 114 Stat. 1425). + (2) Intermediate and final development phases.-- + (A) Plans.--The Secretary, in coordination with the + State and the Yakama Nation, shall develop plans for + the intermediate and final development phases of the + Integrated Plan to achieve the purposes of title XII of + Public Law 103-434 (108 Stat. 4550; 114 Stat. 1425), + including conducting applicable feasibility studies, + environmental reviews, and other relevant studies + required to develop those plans. + (B) Intermediate development phase.--The Secretary, + in coordination with the State and the Yakama Nation, + shall develop an intermediate development phase of the + Integrated Plan, to commence not earlier than the date + that is 10 years after the date of enactment of this + Act. + (C) Final development phase.--The Secretary, in + coordination with the State and the Yakama Nation, + shall develop a final development phase of the + Integrated Plan, to commence not earlier than the date + that is 20 years after the date of enactment of this + Act. + (3) Requirements.--The projects and activities identified + by the Secretary for implementation under the Integrated Plan + shall be carried out only-- + (A) subject to authorization and appropriation; + (B) contingent on the completion of applicable + feasibility studies, environmental reviews, and cost- + benefit analyses that include favorable recommendations + for further project development; + (C) on public review and a determination by the + Secretary that design, construction, and operation of a + proposed project or activity is in the best interest of + the public; and + (D) in accordance with applicable laws, including-- + (i) the National Environmental Policy Act + of 1969 (42 U.S.C. 4321 et seq.); and + (ii) the Endangered Species Act of 1973 (16 + U.S.C. 1531 et seq.). + (4) Effect of subsection.--Nothing in this subsection-- + (A) shall be considered to be a new or supplemental + benefit for purposes of the Reclamation Reform Act of + 1982 (43 U.S.C. 390aa et seq.); + (B) affects-- + (i) any contract in existence on the date + of enactment of this Act that was executed + pursuant to the reclamation laws; or + (ii) any contract or agreement between the + Bureau of Indian Affairs and the Bureau of + Reclamation; + (C) affects, waives, abrogates, diminishes, + defines, or interprets any treaty between the Yakama + Nation and the United States; or + (D) constrains the authority of the Secretary to + provide fish passage in the Yakima River basin, in + accordance with the Hoover Power Plant Act of 1984 (43 + U.S.C. 619 et seq.). + (5) Progress report.--Not later than 5 years after the date + of enactment of this Act, the Secretary, in conjunction with + the State and in consultation with the Yakama Nation, shall + submit to the Committee on Energy and Natural Resources of the + Senate and the Committee on Natural Resources of the House of + Representatives a progress report on the development and + implementation of the Integrated Plan. + (c) Financing, Construction, Operation, and Maintenance of Kachess +Drought Relief Pumping Plant and Keechelus to Kachess Pipeline.-- + (1) Long-term agreements.-- + (A) In general.--A long-term agreement negotiated + pursuant to this section or the reclamation laws + between the Secretary and a participating proratable + irrigation entity in the Yakima River basin for the + non-Federal financing, construction, operation, or + maintenance of the Drought Relief Pumping Plant or the + Keechelus to Kachess Pipeline shall include provisions + regarding-- + (i) responsibilities of each participating + proratable irrigation entity for-- + (I) the planning, design, and + construction of infrastructure, in + consultation and coordination with the + Secretary; and + (II) the pumping and operational + costs necessary to provide the total + water supply available that is made + inaccessible due to drought pumping + during any preceding calendar year, if + the Kachess Reservoir fails to refill + as a result of pumping drought storage + water during such a calendar year; + (ii) property titles and responsibilities + of each participating proratable irrigation + entity for the maintenance of, and liability + for, all infrastructure constructed under title + XII of Public Law 103-434 (108 Stat. 4550; 114 + Stat. 1425); + (iii) operation and integration of the + projects by the Secretary in the operation of + the Yakima Project; and + (iv) costs associated with the design, + financing, construction, operation, + maintenance, and mitigation of projects, with + the costs of Federal oversight and review to be + nonreimbursable to the participating proratable + irrigation entities and the Yakima Project. + (B) Treatment.--A facility developed or operated by + a participating proratable irrigation entity under this + subsection shall not be considered to be a supplemental + work for purposes of section 9(a) of the Reclamation + Project Act of 1939 (43 U.S.C. 485h(a)). + (2) Kachess reservoir.-- + (A) In general.--Any additional stored water made + available by the construction of a facility to access + and deliver inactive and natural storage in Kachess + Lake and Reservoir under this subsection-- + (i) shall be considered to be Yakima + Project water; + (ii) shall be used exclusively by the + Secretary to enhance the water supply during + years for which the total water supply + available is not sufficient to provide a + percentage of proratable entitlements in order + to make that additional water available, in a + quantity representing not more than 70 percent + of proratable entitlements to the Kittitas + Reclamation District, the Roza Irrigation + District, or any other proratable irrigation + entity participating in the construction, + operation, or maintenance costs of a facility + under this section, in accordance with such + terms and conditions as the districts may + agree, subject to the conditions that-- + (I) the Bureau of Indian Affairs, + the Wapato Irrigation Project, and the + Yakama Nation, on an election to + participate, may also obtain water from + Kachess Reservoir inactive storage to + enhance applicable existing irrigation + water supply in accordance with such + terms and conditions as the Bureau of + Indian Affairs and the Yakama Nation + may agree; and + (II) the additional supply made + available under this clause shall be + available to participating individuals + and entities based on-- + (aa) the proportion that-- + + (AA) the proratable + entitlement of each + participating + individual or entity; + bears to + + (BB) the proratable + entitlements of all + participating + individuals and + entities; or + + (bb) such other proportion + as the participating entities + may agree; and + (iii) shall not be any portion of the total + water supply available. + (B) Effect of paragraph.--Nothing in this paragraph + affects, as in existence on the date of enactment of + this Act, any-- + (i) contract; + (ii) law (including regulations) relating + to repayment costs; + (iii) water rights; or + (iv) treaty right of the Yakama Nation. + (3) Project power for kachess pumping plant.-- + (A) In general.--Subject to subparagraphs (B) + through (D), the Administrator of the Bonneville Power + Administration, pursuant to the Pacific Northwest + Electric Power Planning and Conservation Act (16 U.S.C. + 839 et seq.), shall provide to the Secretary project + power to operate the Kachess Pumping Plant constructed + under this section if inactive storage in the Kachess + Reservoir is needed to provide drought relief for + irrigation. + (B) Determinations by secretary.--The project power + described in subparagraph (A) may be provided only if + the Secretary determines that-- + (i) there are in effect-- + (I) a drought declaration issued by + the State; and + (II) conditions that have led to 70 + percent or lower water delivery to + proratable irrigation districts; and + (ii) it is appropriate to provide the power + under that subparagraph. + (C) Period of availability.--The power described in + subparagraph (A) shall be provided during the period-- + (i) beginning on the date on which the + Secretary makes the determinations described in + subparagraph (B); and + (ii) ending on the earlier of-- + (I) the date that is 1 year after + that date; and + (II) the date on which the + Secretary determines that-- + (aa) drought mitigation + measures are still necessary in + the Yakima River basin; or + (bb) the power should no + longer be provided for any + other reason. + (D) Rate.-- + (i) In general.--The Administrator of the + Bonneville Power Administration shall provide + project power under subparagraph (A) at the + then-applicable lowest Bonneville Power + Administration rate for public body, + cooperative, and Federal agency customer firm + obligations on the date on which the authority + is provided. + (ii) No discounts.--The rate under clause + (i) shall not include any irrigation discount. + (E) Local provider.--During any period for which + project power is not provided under subparagraph (A), + the Secretary shall obtain power to operate the Kachess + Pumping Plant from a local provider. + (F) Other costs.--The cost of power for pumping and + station service, and the costs of transmitting power + from the Federal Columbia River power system to the + pumping facilities of the Yakima River Basin Water + Enhancement Project, shall be borne by the irrigation + districts receiving the benefits of the applicable + water. + (G) Duties of commissioner.--For purposes of this + paragraph, the Commissioner of Reclamation shall + arrange transmission for any delivery of-- + (i) Federal power over the Bonneville + system through applicable tariff and business + practice processes of that system; or + (ii) power obtained from any local + provider. + (d) Design and Use of Groundwater Recharge Projects.--The +Secretary, in coordination with the State and the Yakama Nation, may +provide technical assistance for, participate in, and enter into +agreements, including with irrigation entities for the use of excess +conveyance capacity in Yakima River Basin Water Enhancement Project +facilities, for-- + (1) groundwater recharge projects; and + (2) aquifer storage and recovery projects. + (e) Operational Control of Water Supplies.-- + (1) In general.--The Secretary shall retain authority and + discretion over the management of Yakima River Basin Water + Enhancement Project supplies-- + (A) to optimize operational use and flexibility; + and + (B) to ensure compliance with all applicable + Federal and State laws, treaty rights of the Yakama + Nation, and legal obligations, including those under + title XII of Public Law 103-434 (108 Stat. 4550; 114 + Stat. 1425). + (2) Inclusion.--The authority and discretion described in + paragraph (1) shall include the ability of the United States to + store, deliver, conserve, and reuse water supplies deriving + from projects authorized under title XII of Public Law 103-434 + (108 Stat. 4550; 114 Stat. 1425). + (f) Cooperative Agreements and Grants.--The Secretary may enter +into cooperative agreements and make grants to carry out this section, +including for the purposes of land and water transfers, leases, and +acquisitions from willing participants, subject to the condition that +the acquiring entity shall hold title to, and be responsible for, all +required operation, maintenance, and management of the acquired land or +water during any period in which the acquiring entity holds title to +the acquired land. + (g) Water Conservation Projects.--The Secretary may participate in, +provide funding for, and accept non-Federal financing for water +conservation projects, regardless of whether the projects are in +accordance with the Yakima River Basin Water Conservation Program +established under section 1203 of Public Law 103-434 (108 Stat. 4551), +that are intended to partially implement the Integrated Plan by +providing conserved water to improve tributary and mainstem stream +flow. + (h) Indian Irrigation Projects.-- + (1) In general.--The Secretary, acting through the + Commissioner of Reclamation, may contribute funds for the + preparation of plans and investigation measures, and, after the + date on which the Secretary certifies that the measures are + consistent with the water conservation objectives of this + section, to any Indian irrigation project-- + (A) that is located in the Pacific Northwest + Region; + (B) that is identified in the report of the + Government Accountability Office numbered GAO-15-453T; + (C) that has been identified as part of a Bureau of + Reclamation basin study pursuant to subtitle F of title + IX of Public Law 111-11 (42 U.S.C. 10361 et seq.) to + increase water supply for the Pacific Northwest Region; + and + (D) an improvement to which would contribute to the + flow of interstate water. + (2) Authorization of appropriations.--There is authorized + to be appropriated to carry out this subsection $75,000,000. + +SEC. 8202. MODIFICATION OF PURPOSES AND DEFINITIONS. + + (a) Purposes.--Section 1201 of Public Law 103-434 (108 Stat. 4550) +is amended-- + (1) by striking paragraph (1) and inserting the following: + ``(1) to protect, mitigate, and enhance fish and wildlife + and the recovery and maintenance of self-sustaining harvestable + populations of fish and other aquatic life, both anadromous and + resident species, throughout their historic distribution range + in the Yakima Basin through-- + ``(A) improved water management and the + constructions of fish passage at storage and diversion + dams, as authorized under the Hoover Power Plant Act of + 1984 (43 U.S.C. 619 et seq.); + ``(B) improved instream flows and water supplies; + ``(C) improved water quality, watershed, and + ecosystem function; + ``(D) protection, creation, and enhancement of + wetlands; and + ``(E) other appropriate means of habitat + improvement;''; + (2) in paragraph (2), by inserting ``, municipal, + industrial, and domestic water supply and use purposes, + especially during drought years, including reducing the + frequency and severity of water supply shortages for pro- + ratable irrigation entities'' before the semicolon at the end; + (3) by striking paragraph (4); + (4) by redesignating paragraph (3) as paragraph (4); + (5) by inserting after paragraph (2) the following: + ``(3) to authorize the Secretary to make water available + for purchase or lease for meeting municipal, industrial, and + domestic water supply purposes;''; + (6) by redesignating paragraphs (5) and (6) as paragraphs + (6) and (8), respectively; + (7) by inserting after paragraph (4) (as redesignated by + paragraph (4)) the following: + ``(5) to realize sufficient water savings from implementing + the Yakima River Basin Integrated Water Resource Management + Plan, so that not less than 85,000 acre feet of water savings + are achieved by implementing the initial development phase of + the Integrated Plan pursuant to section 8201(b)(1) of the + Natural Resources Management Act, in addition to the 165,000 + acre-feet of water savings targeted through the Basin + Conservation Program, as authorized on October 31, 1994;''; + (8) in paragraph (6) (as redesignated by paragraph (6))-- + (A) by inserting ``an increase in'' before + ``voluntary''; and + (B) by striking ``and'' at the end; + (9) by inserting after paragraph (6) (as so redesignated) + the following: + ``(7) to encourage an increase in the use of, and reduce + the barriers to, water transfers, leasing, markets, and other + voluntary transactions among public and private entities to + enhance water management in the Yakima River basin;''; + (10) in paragraph (8) (as so redesignated), by striking the + period at the end and inserting ``; and''; and + (11) by adding at the end the following: + ``(9) to improve the resilience of the ecosystems, + economies, and communities in the Yakima River basin facing + drought, hydrologic changes, and other related changes and + variability in natural and human systems, for the benefit of + the people, fish, and wildlife of the region.''. + (b) Definitions.--Section 1202 of Public Law 103-434 (108 Stat. +4550) is amended-- + (1) by redesignating paragraphs (6), (7), (8), (9), (10), + (11), (12), (13), and (14) as paragraphs (8), (10), (11), (12), + (13), (14), (15), (17), and (18), respectively; + (2) by inserting after paragraph (5) the following: + ``(6) Designated federal official.--The term `designated + Federal official' means the Commissioner of Reclamation (or a + designee), acting pursuant to the charter of the Conservation + Advisory Group. + ``(7) Integrated plan.--The term `Integrated Plan' has the + meaning given the term in section 8201(a) of the Natural + Resources Management Act, to be carried out in cooperation + with, and in addition to, activities of the State of Washington + and the Yakama Nation.''; + (3) by inserting after paragraph (8) (as redesignated by + paragraph (1)) the following: + ``(9) Municipal, industrial, and domestic water supply and + use.--The term `municipal, industrial, and domestic water + supply and use' means the supply and use of water for-- + ``(A) domestic consumption (whether urban or + rural); + ``(B) maintenance and protection of public health + and safety; + ``(C) manufacture, fabrication, processing, + assembly, or other production of a good or commodity; + ``(D) production of energy; + ``(E) fish hatcheries; or + ``(F) water conservation activities relating to a + use described in subparagraphs (A) through (E).''; and + (4) by inserting after paragraph (15) (as so redesignated) + the following: + ``(16) Yakima enhancement project; yakima river basin water + enhancement project.--The terms `Yakima Enhancement Project' + and `Yakima River Basin Water Enhancement Project' mean the + Yakima River basin water enhancement project authorized by + Congress pursuant to this Act and other Acts (including Public + Law 96-162 (93 Stat. 1241), section 109 of Public Law 98-381 + (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-62 (111 + Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) to + promote water conservation, water supply, habitat, and stream + enhancement improvements in the Yakima River basin.''. + +SEC. 8203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM. + + Section 1203 of Public Law 103-434 (108 Stat. 4551) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) in the second sentence, by striking + ``title'' and inserting ``section''; and + (ii) in the third sentence, by striking + ``within 5 years of the date of enactment of + this Act''; and + (B) in paragraph (2), by striking ``irrigation'' + and inserting ``the number of irrigated acres''; + (2) in subsection (c)-- + (A) in paragraph (2)-- + (i) in each of subparagraphs (A) through + (D), by striking the comma at the end of the + subparagraph and inserting a semicolon; + (ii) in subparagraph (E), by striking the + comma at the end and inserting ``; and''; + (iii) in subparagraph (F), by striking + ``Department of Wildlife of the State of + Washington, and'' and inserting ``Department of + Fish and Wildlife of the State of + Washington.''; and + (iv) by striking subparagraph (G); + (B) in paragraph (3)-- + (i) in each of subparagraphs (A) through + (C), by striking the comma at the end of the + subparagraph and inserting a semicolon; + (ii) in subparagraph (D), by striking ``, + and'' at the end and inserting a semicolon; + (iii) in subparagraph (E), by striking the + period at the end and inserting ``; and''; and + (iv) by adding at the end the following: + ``(F) provide recommendations to advance the + purposes and programs of the Yakima Enhancement + Project, including the Integrated Plan.''; and + (C) by striking paragraph (4) and inserting the + following: + ``(4) Authority of designated federal official.--The + designated Federal official may-- + ``(A) arrange and provide logistical support for + meetings of the Conservation Advisory Group; + ``(B) use a facilitator to serve as a moderator for + meetings of the Conservation Advisory Group or provide + additional logistical support; and + ``(C) grant any request for a facilitator by any + member of the Conservation Advisory Group.''; + (3) in subsection (d), by adding at the end the following: + ``(4) Payment of local share by state or federal + government.-- + ``(A) In general.--The State or the Federal + Government may fund not more than the 17.5-percent + local share of the costs of the Basin Conservation + Program in exchange for the long-term use of conserved + water, subject to the requirement that the funding by + the Federal Government of the local share of the costs + shall provide a quantifiable public benefit in meeting + Federal responsibilities in the Yakima River basin and + the purposes of this title. + ``(B) Use of conserved water.--The Yakima Project + Manager may use water resulting from conservation + measures taken under this title, in addition to water + that the Bureau of Reclamation may acquire from any + willing seller through purchase, donation, or lease, + for water management uses pursuant to this title.''; + (4) in subsection (e), by striking the first sentence and + inserting the following: ``To participate in the Basin + Conservation Program, as described in subsection (b), an entity + shall submit to the Secretary a proposed water conservation + plan.''; + (5) in subsection (i)(3)-- + (A) by striking ``purchase or lease'' each place it + appears and inserting ``purchase, lease, or + management''; and + (B) in the third sentence, by striking ``made + immediately upon availability'' and all that follows + through ``Committee'' and inserting ``continued as + needed to provide water to be used by the Yakima + Project Manager as recommended by the System Operations + Advisory Committee and the Conservation Advisory + Group''; and + (6) in subsection (j)(4), in the first sentence, by + striking ``initial acquisition'' and all that follows through + ``flushing flows'' and inserting ``acquisition of water from + willing sellers or lessors specifically to provide improved + instream flows for anadromous and resident fish and other + aquatic life, including pulse flows to facilitate outward + migration of anadromous fish''. + +SEC. 8204. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS. + + (a) Redesignation of Yakama Nation.--Section 1204(g) of Public Law +103-434 (108 Stat. 4557) is amended-- + (1) by striking the subsection designation and heading and + all that follows through paragraph (1) and inserting the + following: + ``(g) Redesignation of Yakama Indian Nation to Yakama Nation.-- + ``(1) Redesignation.--The Confederated Tribes and Bands of + the Yakama Indian Nation shall be known and designated as the + `Confederated Tribes and Bands of the Yakama Nation'.''; and + (2) in paragraph (2), by striking ``deemed to be a + reference to the `Confederated Tribes and Bands of the Yakama + Indian Nation'.'' and inserting ``deemed to be a reference to + the `Confederated Tribes and Bands of the Yakama Nation'.''. + (b) Operation of Yakima Basin Projects.--Section 1205 of Public Law +103-434 (108 Stat. 4557) is amended-- + (1) in subsection (a)(4)-- + (A) in subparagraph (A)-- + (i) in clause (i)-- + (I) by inserting ``additional'' + after ``secure''; + (II) by striking ``flushing'' and + inserting ``pulse''; and + (III) by striking ``uses'' and + inserting ``uses, in addition to the + quantity of water provided under the + treaty between the Yakama Nation and + the United States''; + (ii) by striking clause (ii); + (iii) by redesignating clause (iii) as + clause (ii); and + (iv) in clause (ii) (as so redesignated) by + inserting ``and water rights mandated'' after + ``goals''; and + (B) in subparagraph (B)(i), in the first sentence, + by inserting ``in proportion to the funding received'' + after ``Program''; + (2) in subsection (b), in the second sentence, by striking + ``instream flows for use by the Yakima Project Manager as + flushing flows or as otherwise'' and inserting ``fishery + purposes, as''; and + (3) in subsection (e), by striking paragraph (1) and + inserting the following: + ``(1) In general.--Additional purposes of the Yakima + Project shall be any of the following: + ``(A) To recover and maintain self-sustaining + harvestable populations of native fish, both anadromous + and resident species, throughout their historic + distribution range in the Yakima River basin. + ``(B) To protect, mitigate, and enhance aquatic + life and wildlife. + ``(C) Recreation. + ``(D) Municipal, industrial, and domestic use.''. + (c) Enhancement of Water Supplies for Yakima Basin Tributaries.-- +Section 1207 of Public Law 103-434 (108 Stat. 4560) is amended-- + (1) in the section heading, by striking ``supplies'' and + inserting ``management''; + (2) in subsection (a)-- + (A) in the matter preceding paragraph (1), by + striking ``supplies'' and inserting ``management''; + (B) in paragraph (1), by inserting ``and water + supply entities'' after ``owners''; and + (C) in paragraph (2)-- + (i) in subparagraph (A), by inserting + ``that choose not to participate in, or opt out + of, tributary enhancement projects pursuant to + this section'' after ``water right owners''; + and + (ii) in subparagraph (B), by inserting + ``nonparticipating'' before ``tributary water + users''; + (3) in subsection (b)-- + (A) in paragraph (1)-- + (i) by striking the paragraph designation + and all that follows through ``(but not limited + to)--'' and inserting the following: + ``(1) In general.--The Secretary, following consultation + with the State of Washington, tributary water right owners, and + the Yakama Nation, and on agreement of appropriate water right + owners, is authorized to conduct studies to evaluate measures + to further Yakima Project purposes on tributaries to the Yakima + River. Enhancement programs that use measures authorized by + this subsection may be investigated and implemented by the + Secretary in tributaries to the Yakima River, including Taneum + Creek, other areas, or tributary basins that currently or could + potentially be provided supplemental or transfer water by + entities, such as the Kittitas Reclamation District or the + Yakima-Tieton Irrigation District, subject to the condition + that activities may commence on completion of applicable and + required feasibility studies, environmental reviews, and cost- + benefit analyses that include favorable recommendations for + further project development, as appropriate. Measures to + evaluate include--''; + (ii) by indenting subparagraphs (A) through + (F) appropriately; + (iii) in subparagraph (A), by inserting + before the semicolon at the end the following: + ``, including irrigation efficiency + improvements (in coordination with programs of + the Department of Agriculture), consolidation + of diversions or administration, and diversion + scheduling or coordination''; + (iv) by redesignating subparagraphs (C) + through (F) as subparagraphs (E) through (H), + respectively; + (v) by inserting after subparagraph (B) the + following: + ``(C) improvements in irrigation system management + or delivery facilities within the Yakima River basin + when those improvements allow for increased irrigation + system conveyance and corresponding reduction in + diversion from tributaries or flow enhancements to + tributaries through direct flow supplementation or + groundwater recharge; + ``(D) improvements of irrigation system management + or delivery facilities to reduce or eliminate + excessively high flows caused by the use of natural + streams for conveyance or irrigation water or return + water;''; + (vi) in subparagraph (E) (as redesignated + by clause (iv)), by striking ``ground water'' + and inserting ``groundwater recharge and''; + (vii) in subparagraph (G) (as so + redesignated), by inserting ``or transfer'' + after ``purchase''; and + (viii) in subparagraph (H) (as so + redesignated), by inserting ``stream processes + and'' before ``stream habitats''; + (B) in paragraph (2)-- + (i) in the matter preceding subparagraph + (A), by striking ``the Taneum Creek study'' and + inserting ``studies under this subsection''; + (ii) in subparagraph (B)-- + (I) by striking ``and economic'' + and inserting ``, infrastructure, + economic, and land use''; and + (II) by striking ``and'' at the + end; + (iii) in subparagraph (C), by striking the + period at the end and inserting ``; and''; and + (iv) by adding at the end the following: + ``(D) any related studies already underway or + undertaken.''; and + (C) in paragraph (3), in the first sentence, by + inserting ``of each tributary or group of tributaries'' + after ``study''; + (4) in subsection (c)-- + (A) in the subsection heading, by inserting ``and + Nonsurface Storage'' after ``Nonstorage''; and + (B) in the matter preceding paragraph (1), by + inserting ``and nonsurface storage'' after + ``nonstorage''; + (5) by striking subsection (d); + (6) by redesignating subsection (e) as subsection (d); and + (7) in paragraph (2) of subsection (d) (as so + redesignated)-- + (A) in the first sentence-- + (i) by inserting ``and implementation'' + after ``investigation''; + (ii) by striking ``other'' before ``Yakima + River''; and + (iii) by inserting ``and other water supply + entities'' after ``owners''; and + (B) by striking the second sentence. + (d) Chandler Pumping Plant and Powerplant-operations at Prosser +Diversion Dam.--Section 1208(d) of Public Law 103-434 (108 Stat. 4562; +114 Stat. 1425) is amended by inserting ``negatively'' before +``affected''. + + Subtitle D--Bureau of Reclamation Facility Conveyances + +SEC. 8301. CONVEYANCE OF MAINTENANCE COMPLEX AND DISTRICT OFFICE OF THE + ARBUCKLE PROJECT, OKLAHOMA. + + (a) Definitions.--In this section: + (1) Agreement.--The term ``Agreement'' means the agreement + entitled ``Agreement between the United States and the Arbuckle + Master Conservancy District for Transferring Title to the + Federally Owned Maintenance Complex and District Office to the + Arbuckle Master Conservancy District'' and numbered 14AG640141. + (2) District.--The term ``District'' means the Arbuckle + Master Conservancy District, located in Murray County, + Oklahoma. + (3) District office.--The term ``District Office'' means-- + (A) the headquarters building located at 2440 East + Main, Davis, Oklahoma; and + (B) the approximately 0.83 acres of land described + in the Agreement. + (4) Maintenance complex.--The term ``Maintenance Complex'' + means the caretaker's residence, shop buildings, and any + appurtenances located on the land described in the Agreement + comprising approximately 2 acres. + (b) Conveyance to District.--As soon as practicable after the date +of enactment of this Act, the Secretary shall convey to the District, +all right, title, and interest of the United States in and to the +Maintenance Complex and District Office, Arbuckle Project, Oklahoma, +consistent with the terms and conditions of the Agreement. + (c) Liability.-- + (1) In general.--Effective on the date of conveyance to the + District of the Maintenance Complex and District Office under + this section, the United States shall not be held liable by any + court for damages of any kind arising out of any act, omission, + or occurrence relating to the Maintenance Complex or District + Office, except for damages caused by acts of negligence + committed by the United States or by an employee or agent of + the United States prior to the date of conveyance. + (2) Applicable law.--Nothing in this section increases the + liability of the United States beyond the liability provided in + chapter 171 of title 28, United States Code (commonly known as + the ``Federal Tort Claims Act''), on the date of enactment of + this Act. + (d) Benefits.--After the conveyance of the Maintenance Complex and +District Office to the District under this section-- + (1) the Maintenance Complex and District Office shall not + be considered to be a part of a Federal reclamation project; + and + (2) the District shall not be eligible to receive any + benefits with respect to any facility comprising that + Maintenance Complex and District Office, other than benefits + that would be available to a similarly situated person with + respect to a facility that is not part of a Federal reclamation + project. + (e) Communication.--If the Secretary has not completed the +conveyance required under subsection (b) by the date that is 1 year +after the date of enactment of this Act, the Secretary shall submit to +Congress a letter with sufficient detail that-- + (1) explains the reasons the conveyance has not been + completed; and + (2) specifies the date by which the conveyance will be + completed. + +SEC. 8302. CONTRA COSTA CANAL TRANSFER. + + (a) Definitions.--In this section: + (1) Acquired land.--The term ``acquired land'' means land + in Federal ownership and land over which the Federal Government + holds an interest for the purpose of the construction and + operation of the Contra Costa Canal, including land under the + jurisdiction of-- + (A) the Bureau of Reclamation; + (B) the Western Area Power Administration; and + (C) the Department of Defense in the case of the + Clayton Canal diversion traversing the Concord Naval + Weapons Station. + (2) Contra costa canal.-- + (A) In general.--The term ``Contra Costa Canal'' + means the Contra Costa Canal Unit of the Central Valley + Project, which exclusively serves the Contra Costa + Water District in an urban area of Contra Costa County, + California. + (B) Inclusions.--The term ``Contra Costa Canal'' + includes pipelines, conduits, pumping plants, + aqueducts, laterals, water storage and regulatory + facilities, electric substations, related works and + improvements, and all interests in land associated with + the Contra Costa Canal Unit of the Central Valley + Project in existence on the date of enactment of this + Act. + (C) Exclusion.--The term ``Contra Costa Canal'' + does not include the Rock Slough fish screen facility. + (3) Contra costa canal agreement.--The term ``Contra Costa + Canal Agreement'' means an agreement between the District and + the Bureau of Reclamation to determine the legal, + institutional, and financial terms surrounding the transfer of + the Contra Costa Canal, including compensation to the + reclamation fund established by the first section of the Act of + June 17, 1902 (32 Stat. 388, chapter 1093), equal to the net + present value of miscellaneous revenues that the United States + would otherwise derive over the 10 years following the date of + enactment of this Act from the eligible land and facilities to + be transferred, as governed by reclamation law and policy and + the contracts. + (4) Contracts.--The term ``contracts'' means the existing + water service contract between the District and the United + States, Contract No. 175r-3401A-LTR1 (2005), Contract No. 14- + 06-200-6072A (1972, as amended), and any other contract or land + permit involving the United States, the District, and Contra + Costa Canal. + (5) District.--The term ``District'' means the Contra Costa + Water District, a political subdivision of the State of + California. + (6) Rock slough fish screen facility.-- + (A) In general.--The term ``Rock Slough fish screen + facility'' means the fish screen facility at the Rock + Slough intake to the Contra Costa Canal. + (B) Inclusions.--The term ``Rock Slough fish screen + facility'' includes the screen structure, rake cleaning + system, and accessory structures integral to the screen + function of the Rock Slough fish screen facility, as + required under the Central Valley Project Improvement + Act (Public Law 102-575; 106 Stat. 4706). + (7) Rock slough fish screen facility title transfer + agreement.--The term ``Rock Slough fish screen facility title + transfer agreement'' means an agreement between the District + and the Bureau of Reclamation to-- + (A) determine the legal, institutional, and + financial terms surrounding the transfer of the Rock + Slough fish screen facility; and + (B) ensure the continued safe and reliable + operations of the Rock Slough fish screen facility. + (b) Conveyance of Land and Facilities.-- + (1) In general.--Not later than 180 days after the date of + enactment of this Act, in consideration for the District + assuming from the United States all liability for the + administration, operation, maintenance, and replacement of the + Contra Costa Canal, consistent with the terms and conditions + set forth in the Contra Costa Canal Agreement and subject to + valid existing rights and existing recreation agreements + between the Bureau of Reclamation and the East Bay Regional + Park District for Contra Loma Regional Park and other local + agencies within the Contra Costa Canal, the Secretary shall + offer to convey and assign to the District-- + (A) all right, title, and interest of the United + States in and to-- + (i) the Contra Costa Canal; and + (ii) the acquired land; and + (B) all interests reserved and developed as of the + date of enactment of this Act for the Contra Costa + Canal in the acquired land, including existing + recreation agreements between the Bureau of Reclamation + and the East Bay Regional Park District for Contra Loma + Regional Park and other local agencies within the + Contra Costa Canal. + (2) Rock slough fish screen facility.-- + (A) In general.--The Secretary shall convey and + assign to the District all right, title, and interest + of the United States in and to the Rock Slough fish + screen facility pursuant to the Rock Slough fish screen + facility title transfer agreement. + (B) Cooperation.--Not later than 180 days after the + conveyance of the Contra Costa Canal, the Secretary and + the District shall enter into good faith negotiations + to accomplish the conveyance and assignment under + subparagraph (A). + (3) Payment of costs.--The District shall pay to the + Secretary any administrative and real estate transfer costs + incurred by the Secretary in carrying out the conveyances and + assignments under paragraphs (1) and (2), including the cost of + any boundary survey, title search, cadastral survey, appraisal, + and other real estate transaction required for the conveyances + and assignments. + (4) Compliance with environmental laws.-- + (A) In general.--Before carrying out the + conveyances and assignments under paragraphs (1) and + (2), the Secretary shall comply with all applicable + requirements under-- + (i) the National Environmental Policy Act + of 1969 (42 U.S.C. 4321 et seq.); + (ii) the Endangered Species Act of 1973 (16 + U.S.C. 1531 et seq.); and + (iii) any other law applicable to the + Contra Costa Canal or the acquired land. + (B) Effect.--Nothing in this section modifies or + alters any obligations under-- + (i) the National Environmental Policy Act + of 1969 (42 U.S.C. 4321 et seq.); or + (ii) the Endangered Species Act of 1973 (16 + U.S.C. 1531 et seq.). + (c) Relationship to Existing Central Valley Project Contracts.-- + (1) In general.--Nothing in this section affects-- + (A) the application of the reclamation laws to + water delivered to the District pursuant to any + contract with the Secretary; or + (B) subject to paragraph (2), the contracts. + (2) Amendments to contracts.--The Secretary and the + District may modify the contracts as necessary to comply with + this section. + (3) Liability.-- + (A) In general.--Except as provided in subparagraph + (B), the United States shall not be liable for damages + arising out of any act, omission, or occurrence + relating to the Contra Costa Canal or the acquired + land. + (B) Exception.--The United States shall continue to + be liable for damages caused by acts of negligence + committed by the United States or by any employee or + agent of the United States before the date of the + conveyance and assignment under subsection (b)(1), + consistent with chapter 171 of title 28, United States + Code (commonly known as the ``Federal Tort Claims + Act''). + (C) Limitation.--Nothing in this section increases + the liability of the United States beyond the liability + provided under chapter 171 of title 28, United States + Code (commonly known as the ``Federal Tort Claims + Act''). + (d) Report.--If the conveyance and assignment authorized by +subsection (b)(1) is not completed by the date that is 1 year after the +date of enactment of this Act, the Secretary shall submit to Congress a +report that-- + (1) describes the status of the conveyance and assignment; + (2) describes any obstacles to completing the conveyance + and assignment; and + (3) specifies an anticipated date for completion of the + conveyance and assignment. + + Subtitle E--Project Authorizations + +SEC. 8401. EXTENSION OF EQUUS BEDS DIVISION OF THE WICHITA PROJECT. + + Section 10(h) of Public Law 86-787 (74 Stat. 1026; 120 Stat. 1474) +is amended by striking ``10 years'' and inserting ``20 years''. + + Subtitle F--Modifications of Existing Programs + +SEC. 8501. WATERSMART. + + Section 9504 of the Omnibus Public Land Management Act of 2009 (42 +U.S.C. 10364) is amended in subsection (a)-- + (1) in paragraph (2)(A)-- + (A) by striking ``within the States'' and inserting + the following: ``within-- + ``(i) the States''; + (B) in clause (i) (as so designated), by striking + ``and'' at the end; and + (C) by adding at the end the following: + ``(ii) the State of Alaska; or + ``(iii) the State of Hawaii; and''; and + (2) in paragraph (3)(B)-- + (A) by redesignating clauses (i) and (ii) as + subclauses (I) and (II), respectively, and indenting + appropriately; + (B) in the matter preceding subclause (I) (as so + redesignated), by striking ``In carrying'' and + inserting the following: + ``(i) In general.--Except as provided in + clause (ii), in carrying''; and + (C) by adding at the end the following: + ``(ii) Indian tribes.--In the case of an + eligible applicant that is an Indian tribe, in + carrying out paragraph (1), the Secretary shall + not provide a grant, or enter into an + agreement, for an improvement to conserve + irrigation water unless the Indian tribe agrees + not-- + ``(I) to use any associated water + savings to increase the total irrigated + acreage more than the water right of + that Indian tribe, as determined by-- + ``(aa) a court decree; + ``(bb) a settlement; + ``(cc) a law; or + ``(dd) any combination of + the authorities described in + items (aa) through (cc); or + ``(II) to otherwise increase the + consumptive use of water more than the + water right of the Indian tribe + described in subclause (I).''. + + Subtitle G--Bureau of Reclamation Transparency + +SEC. 8601. DEFINITIONS. + + In this part: + (1) Asset.-- + (A) In general.--The term ``asset'' means any of + the following assets that are used to achieve the + mission of the Bureau to manage, develop, and protect + water and related resources in an environmentally and + economically sound manner in the interest of the people + of the United States: + (i) Capitalized facilities, buildings, + structures, project features, power production + equipment, recreation facilities, or quarters. + (ii) Capitalized and noncapitalized heavy + equipment and other installed equipment. + (B) Inclusions.--The term ``asset'' includes assets + described in subparagraph (A) that are considered to be + mission critical. + (2) Asset management report.--The term ``Asset Management + Report'' means-- + (A) the annual plan prepared by the Bureau known as + the ``Asset Management Plan''; and + (B) any publicly available information relating to + the plan described in subparagraph (A) that summarizes + the efforts of the Bureau to evaluate and manage + infrastructure assets of the Bureau. + (3) Major repair and rehabilitation need.--The term ``major + repair and rehabilitation need'' means major nonrecurring + maintenance at a Reclamation facility, including maintenance + related to the safety of dams, extraordinary maintenance of + dams, deferred major maintenance activities, and all other + significant repairs and extraordinary maintenance. + +SEC. 8602. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS. + + (a) In General.--Not later than 2 years after the date of enactment +of this Act, the Secretary shall submit to Congress an Asset Management +Report that-- + (1) describes the efforts of the Bureau-- + (A) to maintain in a reliable manner all reserved + works at Reclamation facilities; and + (B) to standardize and streamline data reporting + and processes across regions and areas for the purpose + of maintaining reserved works at Reclamation + facilities; and + (2) expands on the information otherwise provided in an + Asset Management Report, in accordance with subsection (b). + (b) Infrastructure Maintenance Needs Assessment.-- + (1) In general.--The Asset Management Report submitted + under subsection (a) shall include-- + (A) a detailed assessment of major repair and + rehabilitation needs for all reserved works at all + Reclamation projects; and + (B) to the maximum extent practicable, an itemized + list of major repair and rehabilitation needs of + individual Reclamation facilities at each Reclamation + project. + (2) Inclusions.--To the maximum extent practicable, the + itemized list of major repair and rehabilitation needs under + paragraph (1)(B) shall include-- + (A) a budget level cost estimate of the + appropriations needed to complete each item; and + (B) an assignment of a categorical rating for each + item, consistent with paragraph (3). + (3) Rating requirements.-- + (A) In general.--The system for assigning ratings + under paragraph (2)(B) shall be-- + (i) consistent with existing uniform + categorization systems to inform the annual + budget process and agency requirements; and + (ii) subject to the guidance and + instructions issued under subparagraph (B). + (B) Guidance.--As soon as practicable after the + date of enactment of this Act, the Secretary shall + issue guidance that describes the applicability of the + rating system applicable under paragraph (2)(B) to + Reclamation facilities. + (4) Public availability.--Except as provided in paragraph + (5), the Secretary shall make publicly available, including on + the internet, the Asset Management Report required under + subsection (a). + (5) Confidentiality.--The Secretary may exclude from the + public version of the Asset Management Report made available + under paragraph (4) any information that the Secretary + identifies as sensitive or classified, but shall make available + to the Committee on Energy and Natural Resources of the Senate + and the Committee on Natural Resources of the House of + Representatives a version of the report containing the + sensitive or classified information. + (c) Updates.--Not later than 2 years after the date on which the +Asset Management Report is submitted under subsection (a) and +biennially thereafter, the Secretary shall update the Asset Management +Report, subject to the requirements of section 8603(b)(2). + (d) Consultation.--To the extent that such consultation would +assist the Secretary in preparing the Asset Management Report under +subsection (a) and updates to the Asset Management Report under +subsection (c), the Secretary shall consult with-- + (1) the Secretary of the Army (acting through the Chief of + Engineers); and + (2) water and power contractors. + +SEC. 8603. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS. + + (a) In General.--The Secretary shall coordinate with the non- +Federal entities responsible for the operation and maintenance of +transferred works in developing reporting requirements for Asset +Management Reports with respect to major repair and rehabilitation +needs for transferred works that are similar to the reporting +requirements described in section 8602(b). + (b) Guidance.-- + (1) In general.--After considering input from water and + power contractors of the Bureau, the Secretary shall develop + and implement a rating system for transferred works that + incorporates, to the maximum extent practicable, the rating + system for major repair and rehabilitation needs for reserved + works developed under section 8602(b)(3). + (2) Updates.--The ratings system developed under paragraph + (1) shall be included in the updated Asset Management Reports + under section 8602(c). + + TITLE IX--MISCELLANEOUS + +SEC. 9001. EVERY KID OUTDOORS ACT. + + (a) Definitions.--In this section: + (1) Federal land and waters.--The term ``Federal land and + waters'' means any Federal land or body of water under the + jurisdiction of any of the Secretaries to which the public has + access. + (2) Program.--The term ``program'' means the Every Kid + Outdoors program established under subsection (b)(1). + (3) Secretaries.--The term ``Secretaries'' means-- + (A) the Secretary, acting through-- + (i) the Director of the National Park + Service; + (ii) the Director of the United States Fish + and Wildlife Service; + (iii) the Director of the Bureau of Land + Management; and + (iv) the Commissioner of Reclamation; + (B) the Secretary of Agriculture, acting through + the Chief of the Forest Service; + (C) the Secretary of Commerce, acting through the + Administrator of the National Oceanic and Atmospheric + Administration; and + (D) the Secretary of the Army, acting through the + Assistant Secretary of the Army for Civil Works. + (4) State.--The term ``State'' means each of the several + States, the District of Columbia, American Samoa, Guam, the + Northern Mariana Islands, Puerto Rico, the Virgin Islands of + the United States, and any other territory or possession of the + United States. + (5) Student or students.--The term ``student'' or + ``students'' means any fourth grader or home-schooled learner + 10 years of age residing in the United States, including any + territory or possession of the United States. + (b) Every Kid Outdoors Program.-- + (1) Establishment.--The Secretaries shall jointly establish + a program, to be known as the ``Every Kid Outdoors program'', + to provide free access to Federal land and waters for students + and accompanying individuals in accordance with this + subsection. + (2) Annual passes.-- + (A) In general.--At the request of a student, the + Secretaries shall issue a pass to the student, which + allows access to Federal lands and waters for which + access is subject to an entrance, standard amenity, or + day use fee, free of charge for the student and-- + (i) in the case of a per-vehicle fee area-- + (I) any passengers accompanying the + student in a private, noncommercial + vehicle; or + (II) not more than three adults + accompanying the student on bicycles; + or + (ii) in the case of a per-person fee area, + not more than three adults accompanying the + student. + (B) Term.--A pass described in subparagraph (A) + shall be effective during the period beginning on + September 1 and ending on August 31 of the following + year. + (C) Presence of a student in grade four required.-- + A pass described in subparagraph (A) shall be effective + only if the student to which the pass was issued is + present at the point of entry to the applicable Federal + land or water. + (3) Other activities.--In carrying out the program, the + Secretaries-- + (A) may collaborate with State Park systems that + opt to implement a complementary Every Kid Outdoors + State park pass; + (B) may coordinate with the Secretary of Education + to implement the program; + (C) shall maintain a publicly available website + with information about the program; + (D) may provide visitor services for the program; + and + (E) may support approved partners of the Federal + land and waters by providing the partners with + opportunities to participate in the program. + (4) Reports.--The Secretary, in coordination with each + Secretary described in subparagraphs (B) through (D) of + subsection (a)(3), shall prepare a comprehensive report to + Congress each year describing-- + (A) the implementation of the program; + (B) the number and geographical distribution of + students who participated in the program; and + (C) the number of passes described in paragraph + (2)(A) that were distributed. + (5) Sunset.--The authorities provided in this section, + including the reporting requirement, shall expire on the date + that is 7 years after the date of enactment of this Act. + +SEC. 9002. GOOD SAMARITAN SEARCH AND RECOVERY ACT. + + (a) Definitions.--In this section: + (1) Eligible.--The term ``eligible'', with respect to an + organization or individual, means that the organization or + individual, respectively, is-- + (A) acting in a not-for-profit capacity; and + (B) composed entirely of members who, at the time + of the good Samaritan search-and-recovery mission, have + attained the age of majority under the law of the State + where the mission takes place. + (2) Good samaritan search-and-recovery mission.--The term + ``good Samaritan search-and-recovery mission'' means a search + conducted by an eligible organization or individual for 1 or + more missing individuals believed to be deceased at the time + that the search is initiated. + (3) Secretary.--The term ``Secretary'' means the Secretary + or the Secretary of Agriculture, as applicable. + (b) Process.-- + (1) In general.--Each Secretary shall develop and implement + a process to expedite access to Federal land under the + administrative jurisdiction of the Secretary for eligible + organizations and individuals to request access to Federal land + to conduct good Samaritan search-and-recovery missions. + (2) Inclusions.--The process developed and implemented + under this subsection shall include provisions to clarify + that-- + (A) an eligible organization or individual granted + access under this section-- + (i) shall be acting for private purposes; + and + (ii) shall not be considered to be a + Federal volunteer; + (B) an eligible organization or individual + conducting a good Samaritan search-and-recovery mission + under this section shall not be considered to be a + volunteer under section 102301(c) of title 54, United + States Code; + (C) chapter 171 of title 28, United States Code + (commonly known as the ``Federal Tort Claims Act''), + shall not apply to an eligible organization or + individual carrying out a privately requested good + Samaritan search-and-recovery mission under this + section; and + (D) chapter 81 of title 5, United States Code + (commonly known as the ``Federal Employees Compensation + Act''), shall not apply to an eligible organization or + individual conducting a good Samaritan search-and- + recovery mission under this section, and the conduct of + the good Samaritan search-and-recovery mission shall + not constitute civilian employment. + (c) Release of Federal Government From Liability.--The Secretary +shall not require an eligible organization or individual to have +liability insurance as a condition of accessing Federal land under this +section, if the eligible organization or individual-- + (1) acknowledges and consents, in writing, to the + provisions described in subparagraphs (A) through (D) of + subsection (b)(2); and + (2) signs a waiver releasing the Federal Government from + all liability relating to the access granted under this section + and agrees to indemnify and hold harmless the United States + from any claims or lawsuits arising from any conduct by the + eligible organization or individual on Federal land. + (d) Approval and Denial of Requests.-- + (1) In general.--The Secretary shall notify an eligible + organization or individual of the approval or denial of a + request by the eligible organization or individual to carry out + a good Samaritan search-and-recovery mission under this section + by not later than 48 hours after the request is made. + (2) Denials.--If the Secretary denies a request from an + eligible organization or individual to carry out a good + Samaritan search-and-recovery mission under this section, the + Secretary shall notify the eligible organization or individual + of-- + (A) the reason for the denial of the request; and + (B) any actions that the eligible organization or + individual can take to meet the requirements for the + request to be approved. + (e) Partnerships.--Each Secretary shall develop search-and- +recovery-focused partnerships with search-and-recovery organizations-- + (1) to coordinate good Samaritan search-and-recovery + missions on Federal land under the administrative jurisdiction + of the Secretary; and + (2) to expedite and accelerate good Samaritan search-and- + recovery mission efforts for missing individuals on Federal + land under the administrative jurisdiction of the Secretary. + (f) Report.--Not later than 180 days after the date of enactment of +this Act, the Secretaries shall submit to Congress a joint report +describing-- + (1) plans to develop partnerships described in subsection + (e)(1); and + (2) efforts carried out to expedite and accelerate good + Samaritan search-and-recovery mission efforts for missing + individuals on Federal land under the administrative + jurisdiction of each Secretary pursuant to subsection (e)(2). + +SEC. 9003. 21ST CENTURY CONSERVATION SERVICE CORPS ACT. + + (a) Definitions.--Section 203 of the Public Lands Corps Act of 1993 +(16 U.S.C. 1722) is amended-- + (1) in paragraph (2), by striking ``under section 204'' and + inserting ``by section 204(a)(1)''; + (2) by redesignating paragraphs (8) through (13) as + paragraphs (9) through (14), respectively; + (3) by inserting after paragraph (7) the following: + ``(8) Institution of higher education.-- + ``(A) In general.--The term `institution of higher + education' has the meaning given the term in section + 102 of the Higher Education Act of 1965 (20 U.S.C. + 1002). + ``(B) Exclusion.--The term `institution of higher + education' does not include-- + ``(i) an institution described in section + 101(b) of the Higher Education Act of 1965 (20 + U.S.C. 1001(b)); or + ``(ii) an institution outside the United + States, as described in section 102(a)(1)(C) of + the Higher Education Act of 1965 (20 U.S.C. + 1002(a)(1)(C)).''; + (4) in paragraph (9) (as so redesignated)-- + (A) in the matter preceding subparagraph (A), by + striking ``, as follows'' and inserting ``and other + conservation and restoration initiatives, as follows''; + and + (B) by adding at the end the following: + ``(E) To protect, restore, or enhance marine, + estuarine, riverine, and coastal habitat ecosystem + components-- + ``(i) to promote the recovery of threatened + species, endangered species, and managed + fisheries; + ``(ii) to restore fisheries, protected + resources, and habitats impacted by oil and + chemical spills and natural disasters; or + ``(iii) to enhance the resilience of + coastal ecosystems, communities, and economies + through habitat conservation.''; + (5) in subparagraph (A) of paragraph (11) (as so + redesignated), by striking ``individuals between the ages of 16 + and 30, inclusive,'' and inserting ``individuals between the + ages of 16 and 30, inclusive, or veterans age 35 or younger''; + (6) in paragraph (13) (as so redesignated)-- + (A) in subparagraph (A), by striking ``and'' at the + end; + (B) in subparagraph (B), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(C) with respect to the National Marine Sanctuary + System, coral reefs, and other coastal, estuarine, and + marine habitats, and other land and facilities + administered by the National Oceanic and Atmospheric + Administration, the Secretary of Commerce.''; and + (7) by adding at the end the following: + ``(15) Veteran.--The term `veteran' has the meaning given + the term in section 101 of title 38, United States Code.''. + (b) Public Lands Corps Program.--Section 204 of the Public Lands +Corps Act of 1993 (16 U.S.C. 1723) is amended-- + (1) by striking subsection (a) and inserting the following: + ``(a) Establishment of Public Lands Corps.-- + ``(1) In general.--There is established in the Department + of the Interior, the Department of Agriculture, and the + Department of Commerce a corps, to be known as the `Public + Lands Corps'. + ``(2) No effect on other agencies.--Nothing in this + subsection precludes the establishment of a public lands corps + by the head of a Federal department or agency other than a + department described in paragraph (1), in accordance with this + Act.''; + (2) in subsection (b)-- + (A) in the first sentence, by striking + ``individuals between the ages of 16 and 30, + inclusive,'' and inserting ``individuals between the + ages of 16 and 30, inclusive, and veterans age 35 or + younger''; and + (B) in the second sentence, by striking ``section + 137(b) of the National and Community Service Act of + 1990'' and inserting ``paragraphs (1), (2), (4), and + (5) of section 137(a) of the National and Community + Service Act of 1990 (42 U.S.C. 12591(a))''; and + (3) by adding at the end the following: + ``(g) Effect.--Nothing in this section authorizes the use of the +Public Lands Corps for projects on or impacting real property owned by, +operated by, or within the custody, control, or administrative +jurisdiction of the Administrator of General Services without the +express permission of the Administrator of General Services.''. + (c) Transportation.--Section 205 of the Public Lands Corps Act of +1993 (16 U.S.C. 1724) is amended by adding at the end the following: + ``(e) Transportation.--The Secretary may provide to Corps +participants who reside in their own homes transportation to and from +appropriate conservation project sites.''. + (d) Resource Assistants.-- + (1) In general.--Section 206(a) of the Public Lands Corps + Act of 1993 (16 U.S.C. 1725(a)) is amended by striking the + first sentence and inserting the following: ``The Secretary may + provide individual placements of resource assistants to carry + out research or resource protection activities on behalf of the + Secretary.''. + (2) Direct hire authority.--Section 121(a) of the + Department of the Interior, Environment, and Related Agencies + Appropriations Act, 2012 (16 U.S.C. 1725a), is amended-- + (A) in paragraph (1)-- + (i) by striking ``Secretary of the + Interior'' and inserting ``Secretary (as + defined in section 203 of the Public Lands + Corps Act of 1993 (16 U.S.C. 1722))''; + (ii) by striking ``paragraph (1)'' and + inserting ``paragraph (2)''; and + (iii) by striking ``with a land managing + agency of the Department of the Interior''; and + (B) in paragraph (2)(A), by striking ``with a land + managing agency'' and inserting ``with the Secretary + (as so defined)''. + (e) Compensation and Employment Standards.--Section 207 of the +Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended-- + (1) by striking the section heading and inserting + ``compensation and terms of service''; + (2) by redesignating subsections (b) and (c) as subsections + (c) and (d), respectively; + (3) by inserting after subsection (a) the following: + ``(b) Educational Credit.--The Secretary may provide a Corps +participant with an educational credit that may be applied toward a +program of postsecondary education at an institution of higher +education that agrees to award the credit for participation in the +Corps.''; + (4) in subsection (c) (as so redesignated)-- + (A) by striking ``Each participant'' and inserting + the following: + ``(1) In general.--Each participant''; and + (B) by adding at the end the following: + ``(2) Indian youth service corps.--With respect to the + Indian Youth Service Corps established under section 210, the + Secretary shall establish the term of service of participants + in consultation with the affected Indian tribe.''; + (5) in subsection (d) (as so redesignated)-- + (A) by redesignating paragraphs (1) and (2) as + subparagraphs (A) and (B), respectively, and indenting + the subparagraphs appropriately; + (B) in the matter preceding subparagraph (A) (as so + redesignated), by striking ``The Secretary'' and + inserting the following: + ``(1) In general.--The Secretary''; and + (C) by adding at the end the following: + ``(2) Time-limited appointment.--For purposes of section + 9602 of title 5, United States Code, a former member of the + Corps hired by the Secretary under paragraph (1)(B) for a time- + limited appointment shall be considered to be appointed + initially under open, competitive examination.''; and + (6) by adding at the end the following: + ``(e) Applicability to Qualified Youth or Conservation Corps.--The +hiring and compensation standards described in this section shall apply +to any individual participating in an appropriate conservation project +through a qualified youth or conservation corps, including an +individual placed through a contract or cooperative agreement, as +approved by the Secretary.''. + (f) Reporting and Data Collection.--Title II of the Public Lands +Corps Act of 1993 (16 U.S.C. 1721 et seq.) is amended-- + (1) by redesignating sections 209 through 211 as sections + 211 through 213, respectively; + (2) by inserting after section 208 the following: + +``SEC. 209. REPORTING AND DATA COLLECTION. + + ``(a) Report.--Not later than 2 years after the date of enactment +of the Natural Resources Management Act, and annually thereafter, the +Chief Executive Officer of the Corporation for National and Community +Service, in coordination with the Secretaries, shall submit to Congress +a report that includes data on the Corps, including-- + ``(1) the number of participants enrolled in the Corps and + the length of the term of service for each participant; + ``(2) the projects carried out by Corps participants, + categorized by type of project and Federal agency; + ``(3) the total amount and sources of funding provided for + the service of participants; + ``(4) the type of service performed by participants and the + impact and accomplishments of the service; and + ``(5) any other similar data determined to be appropriate + by the Chief Executive Officer of the Corporation for National + and Community Service or the Secretaries. + ``(b) Data.--Not later than 1 year after the date of enactment of +the Natural Resources Management Act, and annually thereafter, the +Secretaries shall submit to the Chief Executive Officer of the +Corporation for National and Community Service the data described in +subsection (a). + ``(c) Data Collection.--The Chief Executive Officer of the +Corporation for National and Community Service may coordinate with +qualified youth or conservation corps to improve the collection of the +required data described in subsection (a). + ``(d) Coordination.-- + ``(1) In general.--The Secretaries shall, to the maximum + extent practicable, coordinate with each other to carry out + activities authorized under this Act, including-- + ``(A) the data collection and reporting + requirements of this section; and + ``(B) implementing and issuing guidance on + eligibility for noncompetitive hiring status under + section 207(d). + ``(2) Designation of coordinators.--The Secretary shall + designate a coordinator to coordinate and serve as the primary + point of contact for any activity of the Corps carried out by + the Secretary.''; and + (3) in subsection (c) of section 212 (as so redesignated), + by striking ``211'' and inserting ``213''. + (g) Indian Youth Service Corps.--Title II of the Public Lands Corps +Act of 1993 (16 U.S.C. 1721 et seq.) (as amended by subsection (f)) is +amended by inserting after section 209 the following: + +``SEC. 210. INDIAN YOUTH SERVICE CORPS. + + ``(a) In General.--There is established within the Public Lands +Corps a program to be known as the `Indian Youth Service Corps' that-- + ``(1) enrolls participants between the ages of 16 and 30, + inclusive, and veterans age 35 or younger, a majority of whom + are Indians; + ``(2) is established pursuant to an agreement between an + Indian tribe and a qualified youth or conservation corps for + the benefit of the members of the Indian tribe; and + ``(3) carries out appropriate conservation projects on + eligible service land. + ``(b) Authorization of Cooperative Agreements.--The Secretary may +enter into cooperative agreements with Indian tribes and qualified +youth or conservation corps for the establishment and administration of +the Indian Youth Service Corps. + ``(c) Guidelines.--Not later than 18 months after the date of +enactment of the Natural Resources Management Act, the Secretary of the +Interior, in consultation with Indian tribes, shall issue guidelines +for the management of the Indian Youth Service Corps, in accordance +with this Act and any other applicable Federal laws.''. + +SEC. 9004. NATIONAL NORDIC MUSEUM ACT. + + (a) Designation.--The Nordic Museum located at 2655 N.W. Market +Street, Seattle, Washington, is designated as the ``National Nordic +Museum''. + (b) Effect of Designation.-- + (1) In general.--The museum designated by subsection (a) is + not a unit of the National Park System. + (2) Use of federal funds.--The designation of the museum by + subsection (a) shall not require Federal funds to be expended + for any purpose related to the museum. + +SEC. 9005. DESIGNATION OF NATIONAL GEORGE C. MARSHALL MUSEUM AND + LIBRARY. + + (a) Designation.--The George C. Marshall Museum and the George C. +Marshall Research Library in Lexington, Virginia, are designated as the +``National George C. Marshall Museum and Library'' (referred to in this +section as the ``museum)''. + (b) Effect of Designation.-- + (1) In general.--The museum designated by subsection (a) is + not a unit of the National Park System. + (2) Use of federal funds.--The designation of the museum by + subsection (a) shall not require Federal funds to be expended + for any purpose related to the museum. + +SEC. 9006. 21ST CENTURY RESPECT ACT. + + (a) Amendments to Regulations Required.-- + (1) Secretary of agriculture.--The Secretary of Agriculture + shall amend section 1901.202 of title 7, Code of Federal + Regulations, for purposes of-- + (A) replacing the reference to the term ``Negro or + Black'' with ``Black or African American''; + (B) replacing the reference to the term ``Spanish + Surname'' with ``Hispanic''; and + (C) replacing the reference to the term + ``Oriental'' with ``Asian American or Pacific + Islander''. + (2) Administrator of general services.--The Administrator + of General Services shall amend section 906.2 of title 36, Code + of Federal Regulations, for purposes of-- + (A) replacing the references to the term ``Negro'' + with ``Black or African American''; + (B) replacing the definition of ``Negro'' with the + definition of ``Black or African American'' as `` an + individual having origins in any of the Black racial + groups of Africa''; + (C) replacing the references to the term + ``Oriental'' with ``Asian American or Pacific + Islander''; and + (D) replacing the references to the terms + ``Eskimo'' and ``Aleut'' with ``Alaska Native''. + (b) Rule of Construction.--Nothing in this section, or the +amendments required by this section, shall be construed to affect +Federal law, except with respect to the use of terms by the Secretary +of Agriculture and the Administrator of General Services, respectively, +to the regulations affected by this section. + +SEC. 9007. AMERICAN WORLD WAR II HERITAGE CITIES. + + (a) Designation.--In order to recognize and ensure the continued +preservation and importance of the history of the United States +involvement in World War II, each calendar year the Secretary may +designate 1 or more cities located in 1 of the several States or a +territory of the United States as an ``American World War II Heritage +City''. Not more than 1 city in each State or territory may be +designated under this section. + (b) Application for Designation.--The Secretary may-- + (1) establish and publicize the process by which a city may + apply for designation as an American World War II Heritage City + based on the criteria in subsection (c); and + (2) encourage cities to apply for designation as an + American World War II Heritage City. + (c) Criteria for Designation.--The Secretary, in consultation with +the Secretary of the Smithsonian Institution or the President of the +National Trust for Historic Preservation, shall make each designation +under subsection (a) based on the following criteria: + (1) Contributions by a city and its environs to the World + War II home-front war effort, including contributions related + to-- + (A) defense manufacturing, such as ships, aircraft, + uniforms, and equipment; + (B) production of foodstuffs and consumer items for + Armed Forces and home consumption; + (C) war bond drives; + (D) adaptations to wartime survival; + (E) volunteer participation; + (F) civil defense preparedness; + (G) personnel serving in the Armed Forces, their + achievements, and facilities for their rest and + recreation; or + (H) the presence of Armed Forces camps, bases, + airfields, harbors, repair facilities, and other + installations within or in its environs. + (2) Achievements by a city and its environs to preserve the + heritage and legacy of the city's contributions to the war + effort and to preserve World War II history, including-- + (A) the identification, preservation, restoration, + and interpretation of World War II-related structures, + facilities and sites; + (B) establishment of museums, parks, and markers; + (C) establishment of memorials to area men who lost + their lives in service; + (D) organizing groups of veterans and home-front + workers and their recognition; + (E) presentation of cultural events such as dances, + plays, and lectures; + (F) public relations outreach through the print and + electronic media, and books; and + (G) recognition and ceremonies remembering wartime + event anniversaries. + +SEC. 9008. QUINDARO TOWNSITE NATIONAL COMMEMORATIVE SITE. + + (a) Definitions.--In this section: + (1) Commemorative site.--The term ``Commemorative Site'' + means the Quindaro Townsite National Commemorative Site + designated by subsection (b)(1). + (2) State.--The term ``State'' means the State of Kansas. + (b) Designation.-- + (1) In general.--The Quindaro Townsite in Kansas City, + Kansas, as listed on the National Register of Historic Places, + is designated as the ``Quindaro Townsite National Commemorative + Site''. + (2) Effect of designation.--The Commemorative Site shall + not be considered to be a unit of the National Park System. + (c) Cooperative Agreements.-- + (1) In general.--The Secretary, in consultation with the + State, Kansas City, Kansas, and affected subdivisions of the + State, may enter into cooperative agreements with appropriate + public or private entities, for the purposes of-- + (A) protecting historic resources at the + Commemorative Site; and + (B) providing educational and interpretive + facilities and programs at the Commemorative Site for + the public. + (2) Technical and financial assistance.--The Secretary may + provide technical and financial assistance to any entity with + which the Secretary has entered into a cooperative agreement + under paragraph (1). + (d) No Effect on Actions of Property Owners.--Designation of the +Quindaro Townsite as a National Commemorative Site shall not prohibit +any actions that may otherwise be taken by a property owner (including +any owner of the Commemorative Site) with respect to the property of +the owner. + (e) No Effect on Administration.--Nothing in this section affects +the administration of the Commemorative Site by Kansas City, Kansas, or +the State. + +SEC. 9009. DESIGNATION OF NATIONAL COMEDY CENTER IN JAMESTOWN, NEW + YORK. + + (a) Congressional Recognition.--Congress-- + (1) recognizes that the National Comedy Center, located in + Jamestown, New York, is the only museum of its kind that exists + for the exclusive purpose of celebrating comedy in all its + forms; and + (2) officially designates the National Comedy Center as the + ``National Comedy Center'' (referred to in this section as the + ``Center''). + (b) Effect of Recognition.--The National Comedy Center recognized +in this section is not a unit of the National Park System and the +designation of the Center shall not be construed to require or permit +Federal funds to be expended for any purpose related to the Center. + + Passed the Senate February 12, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 47 + +_______________________________________________________________________ + + AN ACT + + To provide for the management of the natural resources of the United + States, and for other purposes. From 939a4707f494bb349e3b8ff9213e84d2c91ad69c Mon Sep 17 00:00:00 2001 From: "Sen. Murkowski, Lisa [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 666/984] Senate-47: Enrolled --- bills_text/Senate-47.txt | 24433 +++++++++++++++++-------------------- 1 file changed, 11435 insertions(+), 12998 deletions(-) diff --git a/bills_text/Senate-47.txt b/bills_text/Senate-47.txt index 2fc3244..67690ee 100644 --- a/bills_text/Senate-47.txt +++ b/bills_text/Senate-47.txt @@ -1,28 +1,36 @@ -116th CONGRESS - 1st Session - S. 47 + S.47 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To provide for the management of the natural resources of the United - States, and for other purposes. + To provide for the management of the natural resources of the United + States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - - (a) Short Title.--This Act may be cited as the ``Natural Resources -Management Act''. + (a) Short Title.--This Act may be cited as the ``John D. Dingell, +Jr. Conservation, Management, and Recreation Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. + TITLE I--PUBLIC LAND AND FORESTS Subtitle A--Land Exchanges and Conveyances @@ -38,40 +46,41 @@ Sec. 1008. La Paz County land conveyance. Sec. 1009. Lake Bistineau land title stability. Sec. 1010. Lake Fannin land conveyance. Sec. 1011. Land conveyance and utility right-of-way, Henry's Lake - Wilderness Study Area, Idaho. + Wilderness Study Area, Idaho. Sec. 1012. Conveyance to Ukpeagvik Inupiat Corporation. Sec. 1013. Public purpose conveyance to City of Hyde Park, Utah. Sec. 1014. Juab County conveyance. Sec. 1015. Black Mountain Range and Bullhead City land exchange. Sec. 1016. Cottonwood land exchange. Sec. 1017. Embry-Riddle Tri-City land exchange. - Subtitle B--Public Land and National Forest System Management + + Subtitle B--Public Land and National Forest System Management Sec. 1101. Bolts Ditch access. Sec. 1102. Clarification relating to a certain land description under - the Northern Arizona Land Exchange and - Verde River Basin Partnership Act of 2005. + the Northern Arizona Land Exchange and Verde River Basin + Partnership Act of 2005. Sec. 1103. Frank and Jeanne Moore Wild Steelhead Special Management - Area. + Area. Sec. 1104. Maintenance or replacement of facilities and structures at - Smith Gulch. + Smith Gulch. Sec. 1105. Repeal of provision limiting the export of timber harvested - from certain Kake Tribal Corporation land. + from certain Kake Tribal Corporation land. Sec. 1106. Designation of Fowler and Boskoff Peaks. Sec. 1107. Coronado National Forest land conveyance. Sec. 1108. Deschutes Canyon-Steelhead Falls Wilderness Study Area - boundary adjustment, Oregon. + boundary adjustment, Oregon. Sec. 1109. Maintenance of Federal mineral leases based on extraction of - helium. + helium. Sec. 1110. Small miner waivers to claim maintenance fees. Sec. 1111. Saint Francis Dam Disaster National Memorial and National - Monument. + Monument. Sec. 1112. Owyhee Wilderness Areas boundary modifications. Sec. 1113. Chugach Region land study. Sec. 1114. Wildfire technology modernization. Sec. 1115. McCoy Flats Trail System. Sec. 1116. Technical corrections to certain laws relating to Federal - land in the State of Nevada. + land in the State of Nevada. Sec. 1117. Ashley Karst National Recreation and Geologic Area. Sec. 1118. John Wesley Powell National Conservation Area. Sec. 1119. Alaska Native Vietnam era veterans land allotment. @@ -79,7 +88,8 @@ Sec. 1120. Red River gradient boundary survey. Sec. 1121. San Juan County settlement implementation. Sec. 1122. Rio Puerco Watershed management program. Sec. 1123. Ashley Springs land conveyance. - Subtitle C--Wilderness Designations and Withdrawals + + Subtitle C--Wilderness Designations and Withdrawals PART I--General Provisions @@ -88,26 +98,31 @@ Sec. 1202. Cerro del Yuta and Rio San Antonio Wilderness Areas. Sec. 1203. Methow Valley, Washington, Federal land withdrawal. Sec. 1204. Emigrant Crevice withdrawal. Sec. 1205. Oregon Wildlands. + PART II--Emery County Public Land Management Sec. 1211. Definitions. Sec. 1212. Administration. Sec. 1213. Effect on water rights. Sec. 1214. Savings clause. - subpart a--san rafael swell recreation area + + subpart a--san rafael swell recreation area Sec. 1221. Establishment of Recreation Area. Sec. 1222. Management of Recreation Area. Sec. 1223. San Rafael Swell Recreation Area Advisory Council. - subpart b--wilderness areas + + subpart b--wilderness areas Sec. 1231. Additions to the National Wilderness Preservation System. Sec. 1232. Administration. Sec. 1233. Fish and wildlife management. Sec. 1234. Release. + subpart c--wild and scenic river designation Sec. 1241. Green River wild and scenic river designation. + subpart d--land management and conveyances Sec. 1251. Goblin Valley State Park. @@ -115,33 +130,40 @@ Sec. 1252. Jurassic National Monument. Sec. 1253. Public land disposal and acquisition. Sec. 1254. Public purpose conveyances. Sec. 1255. Exchange of BLM and School and Institutional Trust Lands - Administration land. + Administration land. + Subtitle D--Wild and Scenic Rivers Sec. 1301. Lower Farmington River and Salmon Brook wild and scenic - river. + river. Sec. 1302. Wood-Pawcatuck watershed wild and scenic river segments. Sec. 1303. Nashua wild and scenic rivers, Massachusetts and New - Hampshire. - Subtitle E--California Desert Protection and Recreation + Hampshire. + + Subtitle E--California Desert Protection and Recreation Sec. 1401. Definitions. + PART I--Designation of Wilderness in the California Desert Conservation Area Sec. 1411. California desert conservation and recreation. - PART II--Designation of Special Management Area + + PART II--Designation of Special Management Area Sec. 1421. Vinagre Wash Special Management Area. + PART III--National Park System Additions Sec. 1431. Death Valley National Park boundary revision. Sec. 1432. Mojave National Preserve. Sec. 1433. Joshua Tree National Park. - PART IV--Off-highway Vehicle Recreation Areas + + PART IV--Off-highway Vehicle Recreation Areas Sec. 1441. Off-highway vehicle recreation areas. - PART V--Miscellaneous + + PART V--Miscellaneous Sec. 1451. Transfer of land to Anza-Borrego Desert State Park. Sec. 1452. Wildlife corridors. @@ -152,9 +174,10 @@ Sec. 1456. California State school land. Sec. 1457. Designation of wild and scenic rivers. Sec. 1458. Conforming amendments. Sec. 1459. Juniper Flats. -Sec. 1460. Conforming amendments to California Military Lands - Withdrawal and Overflights Act of 1994. +Sec. 1460. Conforming amendments to California Military Lands Withdrawal + and Overflights Act of 1994. Sec. 1461. Desert tortoise conservation center. + TITLE II--NATIONAL PARKS Subtitle A--Special Resource Studies @@ -164,8 +187,9 @@ Sec. 2002. Special resource study of Thurgood Marshall school. Sec. 2003. Special resource study of President Street Station. Sec. 2004. Amache special resource study. Sec. 2005. Special resource study of George W. Bush Childhood Home. + Subtitle B--National Park System Boundary Adjustments and Related - Matters + Matters Sec. 2101. Shiloh National Military Park boundary adjustment. Sec. 2102. Ocmulgee Mounds National Historical Park boundary. @@ -176,99 +200,110 @@ Sec. 2106. Florissant Fossil Beds National Monument boundary. Sec. 2107. Voyageurs National Park boundary adjustment. Sec. 2108. Acadia National Park boundary. Sec. 2109. Authority of Secretary of the Interior to accept certain - properties, Missouri. + properties, Missouri. Sec. 2110. Home of Franklin D. Roosevelt National Historic Site. - Subtitle C--National Park System Redesignations + + Subtitle C--National Park System Redesignations Sec. 2201. Designation of Saint-Gaudens National Historical Park. Sec. 2202. Redesignation of Robert Emmet Park. Sec. 2203. Fort Sumter and Fort Moultrie National Historical Park. Sec. 2204. Reconstruction Era National Historical Park and - Reconstruction Era National Historic - Network. + Reconstruction Era National Historic Network. Sec. 2205. Golden Spike National Historical Park. Sec. 2206. World War II Pacific sites. - Subtitle D--New Units of the National Park System + + Subtitle D--New Units of the National Park System Sec. 2301. Medgar and Myrlie Evers Home National Monument. Sec. 2302. Mill Springs Battlefield National Monument. Sec. 2303. Camp Nelson Heritage National Monument. - Subtitle E--National Park System Management + + Subtitle E--National Park System Management Sec. 2401. Denali National Park and Preserve natural gas pipeline. Sec. 2402. Historically Black Colleges and Universities Historic - Preservation program reauthorized. + Preservation program reauthorized. Sec. 2402A. John H. Chafee Coastal Barrier Resources System. Sec. 2403. Authorizing cooperative management agreements between the - District of Columbia and the Secretary of - the Interior. + District of Columbia and the Secretary of the Interior. Sec. 2404. Fees for Medical Services. Sec. 2405. Authority to grant easements and rights-of-way over Federal - lands within Gateway National Recreation - Area. + lands within Gateway National Recreation Area. Sec. 2406. Adams Memorial Commission. Sec. 2407. Technical corrections to references to the African American - Civil Rights Network. + Civil Rights Network. Sec. 2408. Transfer of the James J. Howard Marine Sciences Laboratory. Sec. 2409. Bows in parks. Sec. 2410. Wildlife management in parks. Sec. 2411. Pottawattamie County reversionary interest. Sec. 2412. Designation of Dean Stone Bridge. - Subtitle F--National Trails and Related Matters + + Subtitle F--National Trails and Related Matters Sec. 2501. North Country Scenic Trail Route adjustment. Sec. 2502. Extension of Lewis and Clark National Historic Trail. Sec. 2503. American Discovery Trail signage. Sec. 2504. Pike National Historic Trail study. + TITLE III--CONSERVATION AUTHORIZATIONS Sec. 3001. Reauthorization of Land and Water Conservation Fund. Sec. 3002. Conservation incentives landowner education program. + TITLE IV--SPORTSMEN'S ACCESS AND RELATED MATTERS - Subtitle A--National Policy + Subtitle A--National Policy Sec. 4001. Congressional declaration of national policy. + Subtitle B--Sportsmen's Access to Federal Land Sec. 4101. Definitions. Sec. 4102. Federal land open to hunting, fishing, and recreational - shooting. -Sec. 4103. Closure of Federal land to hunting, fishing, and - recreational shooting. + shooting. +Sec. 4103. Closure of Federal land to hunting, fishing, and recreational + shooting. Sec. 4104. Shooting ranges. Sec. 4105. Identifying opportunities for recreation, hunting, and - fishing on Federal land. + fishing on Federal land. + Subtitle C--Open Book on Equal Access to Justice Sec. 4201. Federal action transparency. - Subtitle D--Migratory Bird Framework and Hunting Opportunities for + + Subtitle D--Migratory Bird Framework and Hunting Opportunities for Veterans Sec. 4301. Federal closing date for hunting of ducks, mergansers, and - coots. - Subtitle E--Miscellaneous + coots. + + Subtitle E--Miscellaneous Sec. 4401. Respect for treaties and rights. Sec. 4402. No priority. Sec. 4403. State authority for fish and wildlife. + TITLE V--HAZARDS AND MAPPING Sec. 5001. National Volcano Early Warning and Monitoring System. Sec. 5002. Reauthorization of National Geologic Mapping Act of 1992. - TITLE VI--NATIONAL HERITAGE AREAS + + TITLE VI--NATIONAL HERITAGE AREAS Sec. 6001. National Heritage Area designations. Sec. 6002. Adjustment of boundaries of Lincoln National Heritage Area. Sec. 6003. Finger Lakes National Heritage Area study. Sec. 6004. National Heritage Area amendments. + TITLE VII--WILDLIFE HABITAT AND CONSERVATION Sec. 7001. Wildlife habitat and conservation. Sec. 7002. Reauthorization of Neotropical Migratory Bird Conservation - Act. + Act. Sec. 7003. John H. Chafee Coastal Barrier Resources System. - TITLE VIII--WATER AND POWER + + TITLE VIII--WATER AND POWER Subtitle A--Reclamation Title Transfer @@ -279,223 +314,213 @@ Sec. 8004. Eligibility criteria. Sec. 8005. Liability. Sec. 8006. Benefits. Sec. 8007. Compliance with other laws. - Subtitle B--Endangered Fish Recovery Programs + + Subtitle B--Endangered Fish Recovery Programs Sec. 8101. Extension of authorization for annual base funding of fish - recovery programs; removal of certain - reporting requirement. + recovery programs; removal of certain reporting requirement. Sec. 8102. Report on recovery implementation programs. + Subtitle C--Yakima River Basin Water Enhancement Project Sec. 8201. Authorization of phase III. Sec. 8202. Modification of purposes and definitions. Sec. 8203. Yakima River Basin Water Conservation Program. Sec. 8204. Yakima Basin water projects, operations, and authorizations. + Subtitle D--Bureau of Reclamation Facility Conveyances Sec. 8301. Conveyance of Maintenance Complex and District Office of the - Arbuckle Project, Oklahoma. + Arbuckle Project, Oklahoma. Sec. 8302. Contra Costa Canal transfer. + Subtitle E--Project Authorizations Sec. 8401. Extension of Equus Beds Division of the Wichita Project. + Subtitle F--Modifications of Existing Programs Sec. 8501. Watersmart. + Subtitle G--Bureau of Reclamation Transparency Sec. 8601. Definitions. Sec. 8602. Asset Management Report enhancements for reserved works. Sec. 8603. Asset Management Report enhancements for transferred works. - TITLE IX--MISCELLANEOUS + + TITLE IX--MISCELLANEOUS Sec. 9001. Every Kid Outdoors Act. Sec. 9002. Good Samaritan Search and Recovery Act. -Sec. 9003. 21st Century Conservation Service Corps Act. +Sec. 9003. John S. McCain III 21st Century Conservation Service Corps + Act. Sec. 9004. National Nordic Museum Act. Sec. 9005. Designation of National George C. Marshall Museum and - Library. + Library. Sec. 9006. 21st Century Respect Act. Sec. 9007. American World War II Heritage Cities. Sec. 9008. Quindaro Townsite National Commemorative Site. -Sec. 9009. Designation of National Comedy Center in Jamestown, New - York. +Sec. 9009. Designation of National Comedy Center in Jamestown, New York. Sec. 9010. John H. Chafee Coastal Barrier Resources System. - SEC. 2. DEFINITION OF SECRETARY. - In this Act, the term ``Secretary'' means the Secretary of the Interior. TITLE I--PUBLIC LAND AND FORESTS - Subtitle A--Land Exchanges and Conveyances SEC. 1001. CRAGS LAND EXCHANGE, COLORADO. - (a) Purposes.--The purposes of this section are-- - (1) to authorize, direct, expedite and facilitate the land - exchange set forth herein; and - (2) to promote enhanced public outdoor recreational and - natural resource conservation opportunities in the Pike - National Forest near Pikes Peak, Colorado, via acquisition of - the non-Federal land and trail easement. + (1) to authorize, direct, expedite and facilitate the land + exchange set forth herein; and + (2) to promote enhanced public outdoor recreational and natural + resource conservation opportunities in the Pike National Forest + near Pikes Peak, Colorado, via acquisition of the non-Federal land + and trail easement. (b) Definitions.--In this section: - (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a - Colorado corporation. - (2) Federal land.--The term ``Federal land'' means all - right, title, and interest of the United States in and to - approximately 83 acres of land within the Pike National Forest, - El Paso County, Colorado, together with a nonexclusive - perpetual access easement to BHI to and from such land on - Forest Service Road 371, as generally depicted on the map - entitled ``Proposed Crags Land Exchange-Federal Parcel-Emerald - Valley Ranch'' and dated March 2015. - (3) Non-federal land.--The term ``non-Federal land'' means - the land and trail easement to be conveyed to the Secretary by - BHI in the exchange and is-- - (A) approximately 320 acres of land within the Pike - National Forest, Teller County, Colorado, as generally - depicted on the map entitled ``Proposed Crags Land - Exchange-Non-Federal Parcel-Crags Property'' and dated - March 2015; and - (B) a permanent trail easement for the Barr Trail - in El Paso County, Colorado, as generally depicted on - the map entitled ``Proposed Crags Land Exchange-Barr - Trail Easement to United States'' and dated March 2015, - and which shall be considered as a voluntary donation - to the United States by BHI for all purposes of law. - (4) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture, unless otherwise specified. + (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a + Colorado corporation. + (2) Federal land.--The term ``Federal land'' means all right, + title, and interest of the United States in and to approximately 83 + acres of land within the Pike National Forest, El Paso County, + Colorado, together with a nonexclusive perpetual access easement to + BHI to and from such land on Forest Service Road 371, as generally + depicted on the map entitled ``Proposed Crags Land Exchange-Federal + Parcel-Emerald Valley Ranch'' and dated March 2015. + (3) Non-federal land.--The term ``non-Federal land'' means the + land and trail easement to be conveyed to the Secretary by BHI in + the exchange and is-- + (A) approximately 320 acres of land within the Pike + National Forest, Teller County, Colorado, as generally depicted + on the map entitled ``Proposed Crags Land Exchange-Non-Federal + Parcel-Crags Property'' and dated March 2015; and + (B) a permanent trail easement for the Barr Trail in El + Paso County, Colorado, as generally depicted on the map + entitled ``Proposed Crags Land Exchange-Barr Trail Easement to + United States'' and dated March 2015, and which shall be + considered as a voluntary donation to the United States by BHI + for all purposes of law. + (4) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture, unless otherwise specified. (c) Land Exchange.-- - (1) In general.--If BHI offers to convey to the Secretary - all right, title, and interest of BHI in and to the non-Federal - land, the Secretary shall accept the offer and simultaneously - convey to BHI the Federal land. - (2) Land title.--Title to the non-Federal land conveyed and - donated to the Secretary under this section shall be acceptable - to the Secretary and shall conform to the title approval - standards of the Attorney General of the United States - applicable to land acquisitions by the Federal Government. - (3) Perpetual access easement to bhi.--The nonexclusive - perpetual access easement to be granted to BHI as shown on the - map referred to in subsection (b)(2) shall allow-- - (A) BHI to fully maintain, at BHI's expense, and - use Forest Service Road 371 from its junction with - Forest Service Road 368 in accordance with historic use - and maintenance patterns by BHI; and - (B) full and continued public and administrative - access and use of Forest Service Road 371 in accordance - with the existing Forest Service travel management - plan, or as such plan may be revised by the Secretary. - (4) Route and condition of road.--BHI and the Secretary may - mutually agree to improve, relocate, reconstruct, or otherwise - alter the route and condition of all or portions of such road - as the Secretary, in close consultation with BHI, may determine - advisable. - (5) Exchange costs.--BHI shall pay for all land survey, - appraisal, and other costs to the Secretary as may be necessary - to process and consummate the exchange directed by this - section, including reimbursement to the Secretary, if the - Secretary so requests, for staff time spent in such processing - and consummation. + (1) In general.--If BHI offers to convey to the Secretary all + right, title, and interest of BHI in and to the non-Federal land, + the Secretary shall accept the offer and simultaneously convey to + BHI the Federal land. + (2) Land title.--Title to the non-Federal land conveyed and + donated to the Secretary under this section shall be acceptable to + the Secretary and shall conform to the title approval standards of + the Attorney General of the United States applicable to land + acquisitions by the Federal Government. + (3) Perpetual access easement to bhi.--The nonexclusive + perpetual access easement to be granted to BHI as shown on the map + referred to in subsection (b)(2) shall allow-- + (A) BHI to fully maintain, at BHI's expense, and use Forest + Service Road 371 from its junction with Forest Service Road 368 + in accordance with historic use and maintenance patterns by + BHI; and + (B) full and continued public and administrative access and + use of Forest Service Road 371 in accordance with the existing + Forest Service travel management plan, or as such plan may be + revised by the Secretary. + (4) Route and condition of road.--BHI and the Secretary may + mutually agree to improve, relocate, reconstruct, or otherwise + alter the route and condition of all or portions of such road as + the Secretary, in close consultation with BHI, may determine + advisable. + (5) Exchange costs.--BHI shall pay for all land survey, + appraisal, and other costs to the Secretary as may be necessary to + process and consummate the exchange directed by this section, + including reimbursement to the Secretary, if the Secretary so + requests, for staff time spent in such processing and consummation. (d) Equal Value Exchange and Appraisals.-- - (1) Appraisals.--The values of the lands to be exchanged - under this section shall be determined by the Secretary through - appraisals performed-- - (A) in accordance with-- - (i) the Uniform Appraisal Standards for - Federal Land Acquisitions; - (ii) the Uniform Standards of Professional - Appraisal Practice; and - (iii) appraisal instructions issued by the - Secretary; and - (B) by an appraiser mutually agreed to by the - Secretary and BHI. - (2) Equal value exchange.--The values of the Federal land - and non-Federal land parcels exchanged shall be equal, or if - they are not equal, shall be equalized as follows: - (A) Surplus of federal land value.--If the final - appraised value of the Federal land exceeds the final - appraised value of the non-Federal land parcel - identified in subsection (b)(3)(A), BHI shall make a - cash equalization payment to the United States as - necessary to achieve equal value, including, if - necessary, an amount in excess of that authorized - pursuant to section 206(b) of the Federal Land Policy - and Management Act of l976 (43 U.S.C. 1716(b)). - (B) Use of funds.--Any cash equalization moneys - received by the Secretary under subparagraph (A) shall - be-- - (i) deposited in the fund established under - Public Law 90-171 (commonly known as the ``Sisk - Act''; 16 U.S.C. 484a); and - (ii) made available to the Secretary for - the acquisition of land or interests in land in - Region 2 of the Forest Service. - (C) Surplus of non-federal land value.--If the - final appraised value of the non-Federal land parcel - identified in subsection (b)(3)(A) exceeds the final - appraised value of the Federal land, the United States - shall not make a cash equalization payment to BHI, and - surplus value of the non-Federal land shall be - considered a donation by BHI to the United States for - all purposes of law. - (3) Appraisal exclusions.-- - (A) Special use permit.--The appraised value of the - Federal land parcel shall not reflect any increase or - diminution in value due to the special use permit - existing on the date of enactment of this Act to BHI on - the parcel and improvements thereunder. - (B) Barr trail easement.--The Barr Trail easement - donation identified in subsection (b)(3)(B) shall not - be appraised for purposes of this section. + (1) Appraisals.--The values of the lands to be exchanged under + this section shall be determined by the Secretary through + appraisals performed-- + (A) in accordance with-- + (i) the Uniform Appraisal Standards for Federal Land + Acquisitions; + (ii) the Uniform Standards of Professional Appraisal + Practice; and + (iii) appraisal instructions issued by the Secretary; + and + (B) by an appraiser mutually agreed to by the Secretary and + BHI. + (2) Equal value exchange.--The values of the Federal land and + non-Federal land parcels exchanged shall be equal, or if they are + not equal, shall be equalized as follows: + (A) Surplus of federal land value.--If the final appraised + value of the Federal land exceeds the final appraised value of + the non-Federal land parcel identified in subsection (b)(3)(A), + BHI shall make a cash equalization payment to the United States + as necessary to achieve equal value, including, if necessary, + an amount in excess of that authorized pursuant to section + 206(b) of the Federal Land Policy and Management Act of l976 + (43 U.S.C. 1716(b)). + (B) Use of funds.--Any cash equalization moneys received by + the Secretary under subparagraph (A) shall be-- + (i) deposited in the fund established under Public Law + 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. + 484a); and + (ii) made available to the Secretary for the + acquisition of land or interests in land in Region 2 of the + Forest Service. + (C) Surplus of non-federal land value.--If the final + appraised value of the non-Federal land parcel identified in + subsection (b)(3)(A) exceeds the final appraised value of the + Federal land, the United States shall not make a cash + equalization payment to BHI, and surplus value of the non- + Federal land shall be considered a donation by BHI to the + United States for all purposes of law. + (3) Appraisal exclusions.-- + (A) Special use permit.--The appraised value of the Federal + land parcel shall not reflect any increase or diminution in + value due to the special use permit existing on the date of + enactment of this Act to BHI on the parcel and improvements + thereunder. + (B) Barr trail easement.--The Barr Trail easement donation + identified in subsection (b)(3)(B) shall not be appraised for + purposes of this section. (e) Miscellaneous Provisions.-- - (1) Withdrawal provisions.-- - (A) Withdrawal.--Lands acquired by the Secretary - under this section shall, without further action by the - Secretary, be permanently withdrawn from all forms of - appropriation and disposal under the public land laws - (including the mining and mineral leasing laws) and the - Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.). - (B) Withdrawal revocation.--Any public land order - that withdraws the Federal land from appropriation or - disposal under a public land law shall be revoked to - the extent necessary to permit disposal of the Federal - land parcel to BHI. - (C) Withdrawal of federal land.--All Federal land - authorized to be exchanged under this section, if not - already withdrawn or segregated from appropriation or - disposal under the public lands laws upon enactment of - this Act, is hereby so withdrawn, subject to valid - existing rights, until the date of conveyance of the - Federal land to BHI. - (2) Postexchange land management.--Land acquired by the - Secretary under this section shall become part of the Pike-San - Isabel National Forest and be managed in accordance with the - laws, rules, and regulations applicable to the National Forest - System. - (3) Exchange timetable.--It is the intent of Congress that - the land exchange directed by this section be consummated no - later than 1 year after the date of enactment of this Act. - (4) Maps, estimates, and descriptions.-- - (A) Minor errors.--The Secretary and BHI may by - mutual agreement make minor boundary adjustments to the - Federal and non-Federal lands involved in the exchange, - and may correct any minor errors in any map, acreage - estimate, or description of any land to be exchanged. - (B) Conflict.--If there is a conflict between a - map, an acreage estimate, or a description of land - under this section, the map shall control unless the - Secretary and BHI mutually agree otherwise. - (C) Availability.--Upon enactment of this Act, the - Secretary shall file and make available for public - inspection in the headquarters of the Pike-San Isabel - National Forest a copy of all maps referred to in this - section. - + (1) Withdrawal provisions.-- + (A) Withdrawal.--Lands acquired by the Secretary under this + section shall, without further action by the Secretary, be + permanently withdrawn from all forms of appropriation and + disposal under the public land laws (including the mining and + mineral leasing laws) and the Geothermal Steam Act of 1930 (30 + U.S.C. 1001 et seq.). + (B) Withdrawal revocation.--Any public land order that + withdraws the Federal land from appropriation or disposal under + a public land law shall be revoked to the extent necessary to + permit disposal of the Federal land parcel to BHI. + (C) Withdrawal of federal land.--All Federal land + authorized to be exchanged under this section, if not already + withdrawn or segregated from appropriation or disposal under + the public lands laws upon enactment of this Act, is hereby so + withdrawn, subject to valid existing rights, until the date of + conveyance of the Federal land to BHI. + (2) Postexchange land management.--Land acquired by the + Secretary under this section shall become part of the Pike-San + Isabel National Forest and be managed in accordance with the laws, + rules, and regulations applicable to the National Forest System. + (3) Exchange timetable.--It is the intent of Congress that the + land exchange directed by this section be consummated no later than + 1 year after the date of enactment of this Act. + (4) Maps, estimates, and descriptions.-- + (A) Minor errors.--The Secretary and BHI may by mutual + agreement make minor boundary adjustments to the Federal and + non-Federal lands involved in the exchange, and may correct any + minor errors in any map, acreage estimate, or description of + any land to be exchanged. + (B) Conflict.--If there is a conflict between a map, an + acreage estimate, or a description of land under this section, + the map shall control unless the Secretary and BHI mutually + agree otherwise. + (C) Availability.--Upon enactment of this Act, the + Secretary shall file and make available for public inspection + in the headquarters of the Pike-San Isabel National Forest a + copy of all maps referred to in this section. SEC. 1002. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT. - (a) In General.--The boundary of the Arapaho National Forest in the State of Colorado is adjusted to incorporate the approximately 92.95 acres of land generally depicted as ``The Wedge'' on the map entitled @@ -525,176 +550,157 @@ their lands through lands now or hereafter owned by the United States within the boundary described in subsection (a) shall have the continued right of motorized access to their lands across the existing roadway. - SEC. 1003. SANTA ANA RIVER WASH PLAN LAND EXCHANGE. - (a) Definitions.--In this section: - (1) Conservation district.--The term ``Conservation - District'' means the San Bernardino Valley Water Conservation - District, a political subdivision of the State of California. - (2) Federal exchange parcel.--The term ``Federal exchange - parcel'' means the approximately 90 acres of Federal land - administered by the Bureau of Land Management generally - depicted as ``BLM Equalization Land to SBVWCD'' on the Map and - is to be conveyed to the Conservation District if necessary to - equalize the fair market values of the lands otherwise to be - exchanged. - (3) Federal land.--The term ``Federal land'' means the - approximately 327 acres of Federal land administered by the - Bureau of Land Management generally depicted as ``BLM Land to - SBVWCD'' on the Map. - (4) Map.--The term ``Map'' means the map entitled ``Santa - Ana River Wash Land Exchange'' and dated September 3, 2015. - (5) Non-federal exchange parcel.--The term ``non-Federal - exchange parcel'' means the approximately 59 acres of land - owned by the Conservation District generally depicted as - ``SBVWCD Equalization Land'' on the Map and is to be conveyed - to the United States if necessary to equalize the fair market - values of the lands otherwise to be exchanged. - (6) Non-federal land.--The term ``non-Federal Land'' means - the approximately 310 acres of land owned by the Conservation - District generally depicted as ``SBVWCD to BLM'' on the Map. + (1) Conservation district.--The term ``Conservation District'' + means the San Bernardino Valley Water Conservation District, a + political subdivision of the State of California. + (2) Federal exchange parcel.--The term ``Federal exchange + parcel'' means the approximately 90 acres of Federal land + administered by the Bureau of Land Management generally depicted as + ``BLM Equalization Land to SBVWCD'' on the Map and is to be + conveyed to the Conservation District if necessary to equalize the + fair market values of the lands otherwise to be exchanged. + (3) Federal land.--The term ``Federal land'' means the + approximately 327 acres of Federal land administered by the Bureau + of Land Management generally depicted as ``BLM Land to SBVWCD'' on + the Map. + (4) Map.--The term ``Map'' means the map entitled ``Santa Ana + River Wash Land Exchange'' and dated September 3, 2015. + (5) Non-federal exchange parcel.--The term ``non-Federal + exchange parcel'' means the approximately 59 acres of land owned by + the Conservation District generally depicted as ``SBVWCD + Equalization Land'' on the Map and is to be conveyed to the United + States if necessary to equalize the fair market values of the lands + otherwise to be exchanged. + (6) Non-federal land.--The term ``non-Federal Land'' means the + approximately 310 acres of land owned by the Conservation District + generally depicted as ``SBVWCD to BLM'' on the Map. (b) Exchange of Land; Equalization of Value.-- - (1) Exchange authorized.--Notwithstanding the land use - planning requirements of sections 202, 210, and 211 of the - Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, - 1720, 1721), subject to valid existing rights, and conditioned - upon any equalization payment necessary under section 206(b) of - the Federal Land Policy and Management Act of 1976 (43 U.S.C. - 1716(b)), and paragraph (2), as soon as practicable, but not - later than 2 years after the date of enactment of this Act, if - the Conservation District offers to convey the exchange land to - the United States, the Secretary shall-- - (A) convey to the Conservation District all right, - title, and interest of the United States in and to the - Federal land, and any such portion of the Federal - exchange parcel as may be required to equalize the - values of the lands exchanged; and - (B) accept from the Conservation District a - conveyance of all right, title, and interest of the - Conservation District in and to the non-Federal land, - and any such portion of the non-Federal exchange parcel - as may be required to equalize the values of the lands - exchanged. - (2) Equalization payment.--To the extent an equalization - payment is necessary under section 206(b) of the Federal Land - Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the - amount of such equalization payment shall first be made by way - of in-kind transfer of such portion of the Federal exchange - parcel to the Conservation District, or transfer of such - portion of the non-Federal exchange parcel to the United - States, as the case may be, as may be necessary to equalize the - fair market values of the exchanged properties. The fair market - value of the Federal exchange parcel or non-Federal exchange - parcel, as the case may be, shall be credited against any - required equalization payment. To the extent such credit is not - sufficient to offset the entire amount of equalization payment - so indicated, any remaining amount of equalization payment - shall be treated as follows: - (A) If the equalization payment is to equalize - values by which the Federal land exceeds the non- - Federal land and the credited value of the non-Federal - exchange parcel, Conservation District may make the - equalization payment to the United States, - notwithstanding any limitation regarding the amount of - the equalization payment under section 206(b) of the - Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1716(b)). In the event Conservation District - opts not to make the indicated equalization payment, - the exchange shall not proceed. - (B) If the equalization payment is to equalize - values by which the non-Federal land exceeds the - Federal land and the credited value of the Federal - exchange parcel, the Secretary shall order the exchange - without requirement of any additional equalization - payment by the United States to the Conservation - District. - (3) Appraisals.-- - (A) The value of the land to be exchanged under - this section shall be determined by appraisals - conducted by one or more independent and qualified - appraisers. - (B) The appraisals shall be conducted in accordance - with nationally recognized appraisal standards, - including, as appropriate, the Uniform Appraisal - Standards for Federal Land Acquisitions and the Uniform - Standards of Professional Appraisal Practice. - (4) Title approval.--Title to the land to be exchanged - under this section shall be in a format acceptable to the - Secretary and the Conservation District. - (5) Map and legal descriptions.--As soon as practicable - after the date of enactment of this Act, the Secretary shall - finalize a map and legal descriptions of all land to be - conveyed under this section. The Secretary may correct any - minor errors in the map or in the legal descriptions. The map - and legal descriptions shall be on file and available for - public inspection in appropriate offices of the Bureau of Land - Management. - (6) Costs of conveyance.--As a condition of conveyance, any - costs related to the conveyance under this section shall be - paid by the Conservation District. + (1) Exchange authorized.--Notwithstanding the land use planning + requirements of sections 202, 210, and 211 of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1712, 1720, 1721), + subject to valid existing rights, and conditioned upon any + equalization payment necessary under section 206(b) of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), and + paragraph (2), as soon as practicable, but not later than 2 years + after the date of enactment of this Act, if the Conservation + District offers to convey the exchange land to the United States, + the Secretary shall-- + (A) convey to the Conservation District all right, title, + and interest of the United States in and to the Federal land, + and any such portion of the Federal exchange parcel as may be + required to equalize the values of the lands exchanged; and + (B) accept from the Conservation District a conveyance of + all right, title, and interest of the Conservation District in + and to the non-Federal land, and any such portion of the non- + Federal exchange parcel as may be required to equalize the + values of the lands exchanged. + (2) Equalization payment.--To the extent an equalization + payment is necessary under section 206(b) of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the amount + of such equalization payment shall first be made by way of in-kind + transfer of such portion of the Federal exchange parcel to the + Conservation District, or transfer of such portion of the non- + Federal exchange parcel to the United States, as the case may be, + as may be necessary to equalize the fair market values of the + exchanged properties. The fair market value of the Federal exchange + parcel or non-Federal exchange parcel, as the case may be, shall be + credited against any required equalization payment. To the extent + such credit is not sufficient to offset the entire amount of + equalization payment so indicated, any remaining amount of + equalization payment shall be treated as follows: + (A) If the equalization payment is to equalize values by + which the Federal land exceeds the non-Federal land and the + credited value of the non-Federal exchange parcel, Conservation + District may make the equalization payment to the United + States, notwithstanding any limitation regarding the amount of + the equalization payment under section 206(b) of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). In + the event Conservation District opts not to make the indicated + equalization payment, the exchange shall not proceed. + (B) If the equalization payment is to equalize values by + which the non-Federal land exceeds the Federal land and the + credited value of the Federal exchange parcel, the Secretary + shall order the exchange without requirement of any additional + equalization payment by the United States to the Conservation + District. + (3) Appraisals.-- + (A) The value of the land to be exchanged under this + section shall be determined by appraisals conducted by one or + more independent and qualified appraisers. + (B) The appraisals shall be conducted in accordance with + nationally recognized appraisal standards, including, as + appropriate, the Uniform Appraisal Standards for Federal Land + Acquisitions and the Uniform Standards of Professional + Appraisal Practice. + (4) Title approval.--Title to the land to be exchanged under + this section shall be in a format acceptable to the Secretary and + the Conservation District. + (5) Map and legal descriptions.--As soon as practicable after + the date of enactment of this Act, the Secretary shall finalize a + map and legal descriptions of all land to be conveyed under this + section. The Secretary may correct any minor errors in the map or + in the legal descriptions. The map and legal descriptions shall be + on file and available for public inspection in appropriate offices + of the Bureau of Land Management. + (6) Costs of conveyance.--As a condition of conveyance, any + costs related to the conveyance under this section shall be paid by + the Conservation District. (c) Applicable Law.-- - (1) Act of february 20, 1909.-- - (A) The Act of February 20, 1909 (35 Stat. 641), - shall not apply to the Federal land and any public - exchange land transferred under this section. - (B) The exchange of lands under this section shall - be subject to continuing rights of the Conservation - District under the Act of February 20, 1909 (35 Stat. - 641), on the non-Federal land and any exchanged portion - of the non-Federal exchange parcel for the continued - use, maintenance, operation, construction, or - relocation of, or expansion of, groundwater recharge - facilities on the non-Federal land, to accommodate - groundwater recharge of the Bunker Hill Basin to the - extent that such activities are not in conflict with - any Habitat Conservation Plan or Habitat Management - Plan under which such non-Federal land or non-Federal - exchange parcel may be held or managed. - (2) FLPMA.--Except as otherwise provided in this section, - the Federal Land Policy and Management Act of 1976 (43 U.S.C. - 1701 et seq.), shall apply to the exchange of land under this - section. + (1) Act of february 20, 1909.-- + (A) The Act of February 20, 1909 (35 Stat. 641), shall not + apply to the Federal land and any public exchange land + transferred under this section. + (B) The exchange of lands under this section shall be + subject to continuing rights of the Conservation District under + the Act of February 20, 1909 (35 Stat. 641), on the non-Federal + land and any exchanged portion of the non-Federal exchange + parcel for the continued use, maintenance, operation, + construction, or relocation of, or expansion of, groundwater + recharge facilities on the non-Federal land, to accommodate + groundwater recharge of the Bunker Hill Basin to the extent + that such activities are not in conflict with any Habitat + Conservation Plan or Habitat Management Plan under which such + non-Federal land or non-Federal exchange parcel may be held or + managed. + (2) FLPMA.--Except as otherwise provided in this section, the + Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et + seq.), shall apply to the exchange of land under this section. (d) Cancellation of Secretarial Order 241.--Secretarial Order 241, dated November 11, 1929 (withdrawing a portion of the Federal land for an unconstructed transmission line), is terminated and the withdrawal thereby effected is revoked. - SEC. 1004. UDALL PARK LAND EXCHANGE. - (a) Definitions.--In this section: - (1) City.--The term ``City'' means the city of Tucson, - Arizona. - (2) Non-federal land.--The term ``non-Federal land'' means - the approximately 172.8-acre parcel of City land identified in - the patent numbered 02-90-0001 and dated October 4, 1989, and - more particularly described as lots 3 and 4, S\1/2\NW\1/4\, - sec. 5, T.14 S., R.15 E., Gila and Salt River Meridian, - Arizona. + (1) City.--The term ``City'' means the city of Tucson, Arizona. + (2) Non-federal land.--The term ``non-Federal land'' means the + approximately 172.8-acre parcel of City land identified in the + patent numbered 02-90-0001 and dated October 4, 1989, and more + particularly described as lots 3 and 4, S\1/2\NW\1/4\, sec. 5, T.14 + S., R.15 E., Gila and Salt River Meridian, Arizona. (b) Conveyance of Federal Reversionary Interest in Land Located in Tucson, Arizona.-- - (1) In general.--Notwithstanding any other provision of - law, the Secretary shall convey to the City, without - consideration, the reversionary interests of the United States - in and to the non-Federal land for the purpose of unencumbering - the title to the non-Federal land to enable economic - development of the non-Federal land. - (2) Legal descriptions.--As soon as practicable after the - date of enactment of this Act, the exact legal descriptions of - the non-Federal land shall be determined in a manner - satisfactory to the Secretary. - (3) Additional terms and conditions.--The Secretary may - require such additional terms and conditions to the conveyance - under paragraph (1), consistent with that paragraph, as the - Secretary considers appropriate to protect the interests of the - United States. - (4) Costs.--The City shall pay all costs associated with - the conveyance under paragraph (1), consistent with that - paragraph, including the costs of any surveys, recording costs, - and other reasonable costs. - + (1) In general.--Notwithstanding any other provision of law, + the Secretary shall convey to the City, without consideration, the + reversionary interests of the United States in and to the non- + Federal land for the purpose of unencumbering the title to the non- + Federal land to enable economic development of the non-Federal + land. + (2) Legal descriptions.--As soon as practicable after the date + of enactment of this Act, the exact legal descriptions of the non- + Federal land shall be determined in a manner satisfactory to the + Secretary. + (3) Additional terms and conditions.--The Secretary may require + such additional terms and conditions to the conveyance under + paragraph (1), consistent with that paragraph, as the Secretary + considers appropriate to protect the interests of the United + States. + (4) Costs.--The City shall pay all costs associated with the + conveyance under paragraph (1), consistent with that paragraph, + including the costs of any surveys, recording costs, and other + reasonable costs. SEC. 1005. CONFIRMATION OF STATE LAND GRANTS. - (a) In General.--Subject to valid existing rights, the State of Utah may select any lands in T. 6 S. and T. 7 S., R. 1 W., Salt Lake Base and Meridian, that are owned by the United States, under the @@ -715,153 +721,141 @@ shall not apply to any land selected under that subsection. (c) Effect on Limitation.--Nothing in this section affects the limitation established under section 2815(d) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65). - SEC. 1006. CUSTER COUNTY AIRPORT CONVEYANCE. - (a) Definitions.--In this section: - (1) County.--The term ``County'' means Custer County, South - Dakota. - (2) Federal land.--The term ``Federal land'' means all - right, title, and interest of the United States in and to - approximately 65.7 acres of National Forest System land, as - generally depicted on the map. - (3) Map.--The term ``map'' means the map entitled ``Custer - County Airport Conveyance'' and dated October 19, 2017. - (4) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture, acting through the Chief of the Forest Service. + (1) County.--The term ``County'' means Custer County, South + Dakota. + (2) Federal land.--The term ``Federal land'' means all right, + title, and interest of the United States in and to approximately + 65.7 acres of National Forest System land, as generally depicted on + the map. + (3) Map.--The term ``map'' means the map entitled ``Custer + County Airport Conveyance'' and dated October 19, 2017. + (4) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture, acting through the Chief of the Forest Service. (b) Land Conveyance.-- - (1) In general.--Subject to the terms and conditions - described in paragraph (2), if the County submits to the - Secretary an offer to acquire the Federal land for the market - value, as determined by the appraisal under paragraph (3), the - Secretary shall convey the Federal land to the County. - (2) Terms and conditions.--The conveyance under paragraph - (1) shall be-- - (A) subject to valid existing rights; - (B) made by quitclaim deed; and - (C) subject to any other terms and conditions as - the Secretary considers appropriate to protect the - interests of the United States. - (3) Appraisal.-- - (A) In general.--Not later than 60 days after the - date of enactment of this Act, the Secretary shall - complete an appraisal to determine the market value of - the Federal land. - (B) Standards.--The appraisal under subparagraph - (A) shall be conducted in accordance with-- - (i) the Uniform Appraisal Standards for - Federal Land Acquisitions; and - (ii) the Uniform Standards of Professional - Appraisal Practice. - (4) Map.-- - (A) Availability of map.--The map shall be kept on - file and available for public inspection in the - appropriate office of the Forest Service. - (B) Correction of errors.--The Secretary may - correct any errors in the map. - (5) Consideration.--As consideration for the conveyance - under paragraph (1), the County shall pay to the Secretary an - amount equal to the market value of the Federal land, as - determined by the appraisal under paragraph (3). - (6) Survey.--The exact acreage and legal description of the - Federal land to be conveyed under paragraph (1) shall be - determined by a survey satisfactory to the Secretary. - (7) Costs of conveyance.--As a condition on the conveyance - under paragraph (1), the County shall pay to the Secretary all - costs associated with the conveyance, including the cost of-- - (A) the appraisal under paragraph (3); and - (B) the survey under paragraph (6). - (8) Proceeds from the sale of land.--Any proceeds received - by the Secretary from the conveyance under paragraph (1) shall - be-- - (A) deposited in the fund established under Public - Law 90-171 (commonly known as the ``Sisk Act'') (16 - U.S.C. 484a); and - (B) available to the Secretary until expended, - without further appropriation, for the acquisition of - inholdings in units of the National Forest System in - the State of South Dakota. - + (1) In general.--Subject to the terms and conditions described + in paragraph (2), if the County submits to the Secretary an offer + to acquire the Federal land for the market value, as determined by + the appraisal under paragraph (3), the Secretary shall convey the + Federal land to the County. + (2) Terms and conditions.--The conveyance under paragraph (1) + shall be-- + (A) subject to valid existing rights; + (B) made by quitclaim deed; and + (C) subject to any other terms and conditions as the + Secretary considers appropriate to protect the interests of the + United States. + (3) Appraisal.-- + (A) In general.--Not later than 60 days after the date of + enactment of this Act, the Secretary shall complete an + appraisal to determine the market value of the Federal land. + (B) Standards.--The appraisal under subparagraph (A) shall + be conducted in accordance with-- + (i) the Uniform Appraisal Standards for Federal Land + Acquisitions; and + (ii) the Uniform Standards of Professional Appraisal + Practice. + (4) Map.-- + (A) Availability of map.--The map shall be kept on file and + available for public inspection in the appropriate office of + the Forest Service. + (B) Correction of errors.--The Secretary may correct any + errors in the map. + (5) Consideration.--As consideration for the conveyance under + paragraph (1), the County shall pay to the Secretary an amount + equal to the market value of the Federal land, as determined by the + appraisal under paragraph (3). + (6) Survey.--The exact acreage and legal description of the + Federal land to be conveyed under paragraph (1) shall be determined + by a survey satisfactory to the Secretary. + (7) Costs of conveyance.--As a condition on the conveyance + under paragraph (1), the County shall pay to the Secretary all + costs associated with the conveyance, including the cost of-- + (A) the appraisal under paragraph (3); and + (B) the survey under paragraph (6). + (8) Proceeds from the sale of land.--Any proceeds received by + the Secretary from the conveyance under paragraph (1) shall be-- + (A) deposited in the fund established under Public Law 90- + 171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and + (B) available to the Secretary until expended, without + further appropriation, for the acquisition of inholdings in + units of the National Forest System in the State of South + Dakota. SEC. 1007. PASCUA YAQUI TRIBE LAND CONVEYANCE. - (a) Definitions.--In this section: - (1) District.--The term ``District'' means the Tucson - Unified School District No. 1, a school district recognized as - such under the laws of the State of Arizona. - (2) Map.--The term ``Map'' means the map entitled ```Pascua - Yaqui Tribe Land Conveyance Act'', dated March 14, 2016, and on - file and available for public inspection in the local office of - the Bureau of Land Management. - (3) Recreation and public purposes act.--The term - ``Recreation and Public Purposes Act'' means the Act of June - 14, 1926 (43 U.S.C. 869 et seq.). - (4) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe - of Arizona, a federally recognized Indian Tribe. + (1) District.--The term ``District'' means the Tucson Unified + School District No. 1, a school district recognized as such under + the laws of the State of Arizona. + (2) Map.--The term ``Map'' means the map entitled ```Pascua + Yaqui Tribe Land Conveyance Act'', dated March 14, 2016, and on + file and available for public inspection in the local office of the + Bureau of Land Management. + (3) Recreation and public purposes act.--The term ``Recreation + and Public Purposes Act'' means the Act of June 14, 1926 (43 U.S.C. + 869 et seq.). + (4) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe of + Arizona, a federally recognized Indian Tribe. (b) Land to Be Held in Trust.-- - (1) Parcel a.--Subject to paragraph (2) and to valid - existing rights, all right, title, and interest of the United - States in and to the approximately 39.65 acres of Federal lands - generally depicted on the map as ``Parcel A'' are declared to - be held in trust by the United States for the benefit of the - Tribe. - (2) Effective date.--Paragraph (1) shall take effect on the - day after the date on which the District relinquishes all - right, title, and interest of the District in and to the - approximately 39.65 acres of land described in paragraph (1). + (1) Parcel a.--Subject to paragraph (2) and to valid existing + rights, all right, title, and interest of the United States in and + to the approximately 39.65 acres of Federal lands generally + depicted on the map as ``Parcel A'' are declared to be held in + trust by the United States for the benefit of the Tribe. + (2) Effective date.--Paragraph (1) shall take effect on the day + after the date on which the District relinquishes all right, title, + and interest of the District in and to the approximately 39.65 + acres of land described in paragraph (1). (c) Lands to Be Conveyed to the District.-- - (1) Parcel b.-- - (A) In general.--Subject to valid existing rights - and payment to the United States of the fair market - value, the United States shall convey to the District - all right, title, and interest of the United States in - and to the approximately 13.24 acres of Federal lands - generally depicted on the map as ``Parcel B''. - (B) Determination of fair market value.--The fair - market value of the property to be conveyed under - subparagraph (A) shall be determined by the Secretary - in accordance with the Uniform Appraisal Standards for - Federal Land Acquisitions and the Uniform Standards of - Professional Appraisal Practice. - (C) Costs of conveyance.--As a condition of the - conveyance under this paragraph, all costs associated - with the conveyance shall be paid by the District. - (2) Parcel c.-- - (A) In general.--If, not later than 1 year after - the completion of the appraisal required by - subparagraph (C), the District submits to the Secretary - an offer to acquire the Federal reversionary interest - in all of the approximately 27.5 acres of land conveyed - to the District under Recreation and Public Purposes - Act and generally depicted on the map as ``Parcel C'', - the Secretary shall convey to the District such - reversionary interest in the lands covered by the - offer. The Secretary shall complete the conveyance not - later than 30 days after the date of the offer. - (B) Survey.--Not later than 90 days after the date - of enactment of this Act, the Secretary shall complete - a survey of the lands described in this paragraph to - determine the precise boundaries and acreage of the - lands subject to the Federal reversionary interest. - (C) Appraisal.--Not later than 180 days after the - date of enactment of this Act, the Secretary shall - complete an appraisal of the Federal reversionary - interest in the lands identified by the survey required - by subparagraph (B). The appraisal shall be completed - in accordance with the Uniform Appraisal Standards for - Federal Land Acquisitions and the Uniform Standards of - Professional Appraisal Practice. - (D) Consideration.--As consideration for the - conveyance of the Federal reversionary interest under - this paragraph, the District shall pay to the Secretary - an amount equal to the appraised value of the Federal - interest, as determined under subparagraph (C). The - consideration shall be paid not later than 30 days - after the date of the conveyance. - (E) Costs of conveyance.--As a condition of the - conveyance under this paragraph, all costs associated - with the conveyance, including the cost of the survey - required by subparagraph (B) and the appraisal required - by subparagraph (C), shall be paid by the District. + (1) Parcel b.-- + (A) In general.--Subject to valid existing rights and + payment to the United States of the fair market value, the + United States shall convey to the District all right, title, + and interest of the United States in and to the approximately + 13.24 acres of Federal lands generally depicted on the map as + ``Parcel B''. + (B) Determination of fair market value.--The fair market + value of the property to be conveyed under subparagraph (A) + shall be determined by the Secretary in accordance with the + Uniform Appraisal Standards for Federal Land Acquisitions and + the Uniform Standards of Professional Appraisal Practice. + (C) Costs of conveyance.--As a condition of the conveyance + under this paragraph, all costs associated with the conveyance + shall be paid by the District. + (2) Parcel c.-- + (A) In general.--If, not later than 1 year after the + completion of the appraisal required by subparagraph (C), the + District submits to the Secretary an offer to acquire the + Federal reversionary interest in all of the approximately 27.5 + acres of land conveyed to the District under Recreation and + Public Purposes Act and generally depicted on the map as + ``Parcel C'', the Secretary shall convey to the District such + reversionary interest in the lands covered by the offer. The + Secretary shall complete the conveyance not later than 30 days + after the date of the offer. + (B) Survey.--Not later than 90 days after the date of + enactment of this Act, the Secretary shall complete a survey of + the lands described in this paragraph to determine the precise + boundaries and acreage of the lands subject to the Federal + reversionary interest. + (C) Appraisal.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall complete an + appraisal of the Federal reversionary interest in the lands + identified by the survey required by subparagraph (B). The + appraisal shall be completed in accordance with the Uniform + Appraisal Standards for Federal Land Acquisitions and the + Uniform Standards of Professional Appraisal Practice. + (D) Consideration.--As consideration for the conveyance of + the Federal reversionary interest under this paragraph, the + District shall pay to the Secretary an amount equal to the + appraised value of the Federal interest, as determined under + subparagraph (C). The consideration shall be paid not later + than 30 days after the date of the conveyance. + (E) Costs of conveyance.--As a condition of the conveyance + under this paragraph, all costs associated with the conveyance, + including the cost of the survey required by subparagraph (B) + and the appraisal required by subparagraph (C), shall be paid + by the District. (d) Gaming Prohibition.--The Tribe may not conduct gaming activities on lands taken into trust pursuant to this section, either as a matter of claimed inherent authority, under the authority of any @@ -869,273 +863,247 @@ Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), or under regulations promulgated by the Secretary or the National Indian Gaming Commission. (e) Water Rights.-- - (1) In general.--There shall be no Federal reserved right - to surface water or groundwater for any land taken into trust - by the United States for the benefit of the Tribe under this - section. - (2) State water rights.--The Tribe retains any right or - claim to water under State law for any land taken into trust by - the United States for the benefit of the Tribe under this - section. - (3) Forfeiture or abandonment.--Any water rights that are - appurtenant to land taken into trust by the United States for - the benefit of the Tribe under this section may not be - forfeited or abandoned. - (4) Administration.--Nothing in this section affects or - modifies any right of the Tribe or any obligation of the United - States under Public Law 95-375. - + (1) In general.--There shall be no Federal reserved right to + surface water or groundwater for any land taken into trust by the + United States for the benefit of the Tribe under this section. + (2) State water rights.--The Tribe retains any right or claim + to water under State law for any land taken into trust by the + United States for the benefit of the Tribe under this section. + (3) Forfeiture or abandonment.--Any water rights that are + appurtenant to land taken into trust by the United States for the + benefit of the Tribe under this section may not be forfeited or + abandoned. + (4) Administration.--Nothing in this section affects or + modifies any right of the Tribe or any obligation of the United + States under Public Law 95-375. SEC. 1008. LA PAZ COUNTY LAND CONVEYANCE. - (a) Definitions.--In this section: - (1) County.--The term ``County'' means La Paz County, - Arizona. - (2) Federal land.--The term ``Federal land'' means the - approximately 5,935 acres of land managed by the Bureau of Land - Management and designated as ``Federal land to be conveyed'' on - the map. - (3) Map.--The term ``map'' means the map prepared by the - Bureau of Land Management entitled ``Proposed La Paz County - Land Conveyance'' and dated October 1, 2018. + (1) County.--The term ``County'' means La Paz County, Arizona. + (2) Federal land.--The term ``Federal land'' means the + approximately 5,935 acres of land managed by the Bureau of Land + Management and designated as ``Federal land to be conveyed'' on the + map. + (3) Map.--The term ``map'' means the map prepared by the Bureau + of Land Management entitled ``Proposed La Paz County Land + Conveyance'' and dated October 1, 2018. (b) Conveyance to La Paz County, Arizona.-- - (1) In general.--Notwithstanding the planning requirement - of sections 202 and 203 of the Federal Land Policy and - Management Act of 1976 (43 U.S.C. 1712, 1713) and in accordance - with this section and other applicable law, as soon as - practicable after receiving a request from the County to convey - the Federal land, the Secretary shall convey the Federal land - to the County. - (2) Restrictions on conveyance.-- - (A) In general.--The conveyance under paragraph (1) - shall be subject to-- - (i) valid existing rights; and - (ii) such terms and conditions as the - Secretary determines to be necessary. - (B) Exclusion.--The Secretary shall exclude from - the conveyance under paragraph (1) any Federal land - that contains significant cultural, environmental, - wildlife, or recreational resources. - (3) Payment of fair market value.--The conveyance under - paragraph (1) shall be for the fair market value of the Federal - land to be conveyed, as determined-- - (A) in accordance with the Federal Land Policy and - Management Act of 1976 (43 U.S.C. 1701 et seq.); and - (B) based on an appraisal that is conducted in - accordance with-- - (i) the Uniform Appraisal Standards for - Federal Land Acquisitions; and - (ii) the Uniform Standards of Professional - Appraisal Practice. - (4) Protection of tribal cultural artifacts.--As a - condition of the conveyance under paragraph (1), the County - shall, and as a condition of any subsequent conveyance, any - subsequent owner shall-- - (A) make good faith efforts to avoid disturbing - Tribal artifacts; - (B) minimize impacts on Tribal artifacts if they - are disturbed; - (C) coordinate with the Colorado River Indian - Tribes Tribal Historic Preservation Office to identify - artifacts of cultural and historic significance; and - (D) allow Tribal representatives to rebury - unearthed artifacts at or near where they were - discovered. - (5) Availability of map.-- - (A) In general.--The map shall be on file and - available for public inspection in the appropriate - offices of the Bureau of Land Management. - (B) Corrections.--The Secretary and the County may, - by mutual agreement-- - (i) make minor boundary adjustments to the - Federal land to be conveyed under paragraph - (1); and - (ii) correct any minor errors in the map, - an acreage estimate, or the description of the - Federal land. - (6) Withdrawal.--The Federal land is withdrawn from the - operation of the mining and mineral leasing laws of the United - States. - (7) Costs.--As a condition of the conveyance of the Federal - land under paragraph (1), the County shall pay-- - (A) an amount equal to the appraised value - determined in accordance with paragraph (3)(B); and - (B) all costs related to the conveyance, including - all surveys, appraisals, and other administrative costs - associated with the conveyance of the Federal land to - the County under paragraph (1). - (8) Proceeds from the sale of land.--The proceeds from the - sale of land under this subsection shall be-- - (A) deposited in the Federal Land Disposal Account - established by section 206(a) of the Federal Land - Transaction Facilitation Act (43 U.S.C. 2305(a)); and - (B) used in accordance with that Act (43 U.S.C. - 2301 et seq.). - + (1) In general.--Notwithstanding the planning requirement of + sections 202 and 203 of the Federal Land Policy and Management Act + of 1976 (43 U.S.C. 1712, 1713) and in accordance with this section + and other applicable law, as soon as practicable after receiving a + request from the County to convey the Federal land, the Secretary + shall convey the Federal land to the County. + (2) Restrictions on conveyance.-- + (A) In general.--The conveyance under paragraph (1) shall + be subject to-- + (i) valid existing rights; and + (ii) such terms and conditions as the Secretary + determines to be necessary. + (B) Exclusion.--The Secretary shall exclude from the + conveyance under paragraph (1) any Federal land that contains + significant cultural, environmental, wildlife, or recreational + resources. + (3) Payment of fair market value.--The conveyance under + paragraph (1) shall be for the fair market value of the Federal + land to be conveyed, as determined-- + (A) in accordance with the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1701 et seq.); and + (B) based on an appraisal that is conducted in accordance + with-- + (i) the Uniform Appraisal Standards for Federal Land + Acquisitions; and + (ii) the Uniform Standards of Professional Appraisal + Practice. + (4) Protection of tribal cultural artifacts.--As a condition of + the conveyance under paragraph (1), the County shall, and as a + condition of any subsequent conveyance, any subsequent owner + shall-- + (A) make good faith efforts to avoid disturbing Tribal + artifacts; + (B) minimize impacts on Tribal artifacts if they are + disturbed; + (C) coordinate with the Colorado River Indian Tribes Tribal + Historic Preservation Office to identify artifacts of cultural + and historic significance; and + (D) allow Tribal representatives to rebury unearthed + artifacts at or near where they were discovered. + (5) Availability of map.-- + (A) In general.--The map shall be on file and available for + public inspection in the appropriate offices of the Bureau of + Land Management. + (B) Corrections.--The Secretary and the County may, by + mutual agreement-- + (i) make minor boundary adjustments to the Federal land + to be conveyed under paragraph (1); and + (ii) correct any minor errors in the map, an acreage + estimate, or the description of the Federal land. + (6) Withdrawal.--The Federal land is withdrawn from the + operation of the mining and mineral leasing laws of the United + States. + (7) Costs.--As a condition of the conveyance of the Federal + land under paragraph (1), the County shall pay-- + (A) an amount equal to the appraised value determined in + accordance with paragraph (3)(B); and + (B) all costs related to the conveyance, including all + surveys, appraisals, and other administrative costs associated + with the conveyance of the Federal land to the County under + paragraph (1). + (8) Proceeds from the sale of land.--The proceeds from the sale + of land under this subsection shall be-- + (A) deposited in the Federal Land Disposal Account + established by section 206(a) of the Federal Land Transaction + Facilitation Act (43 U.S.C. 2305(a)); and + (B) used in accordance with that Act (43 U.S.C. 2301 et + seq.). SEC. 1009. LAKE BISTINEAU LAND TITLE STABILITY. - (a) Definitions.--In this section: - (1) Claimant.--The term ``claimant'' means any individual, - group, or corporation authorized to hold title to land or - mineral interests in land in the State of Louisiana with a - valid claim to the omitted land, including any mineral - interests. - (2) Map.--The term ``Map'' means the map entitled ``Lands - as Delineated by Original Survey December 18, 1842 showing the - 1969 Meander Line at the 148.6 Elevation Line'' and dated - January 30, 2018. - (3) Omitted land.-- - (A) In general.--The term ``omitted land'' means - the land in lots 6, 7, 8, 9, 10, 11, 12, and 13 of sec. - 30, T. 16 N., R. 10 W., Louisiana Meridian, comprising - a total of approximately 229.72 acres, as depicted on - the Map, that-- - (i) was in place during the Original - Survey; but - (ii) was not included in the Original - Survey. - (B) Inclusion.--The term ``omitted land'' - includes-- - (i) Peggy's Island in lot 1 of sec. 17, T. - 16 N., R. 10 W., Louisiana Meridian; and - (ii) Hog Island in lot 1 of sec. 29, T. 16 - N., R. 10 W., Louisiana Meridian. - (4) Original survey.--The term ``Original Survey'' means - the survey of land surrounding Lake Bistineau, Louisiana, - conducted by the General Land Office in 1838 and approved by - the Surveyor General on December 8, 1842. + (1) Claimant.--The term ``claimant'' means any individual, + group, or corporation authorized to hold title to land or mineral + interests in land in the State of Louisiana with a valid claim to + the omitted land, including any mineral interests. + (2) Map.--The term ``Map'' means the map entitled ``Lands as + Delineated by Original Survey December 18, 1842 showing the 1969 + Meander Line at the 148.6 Elevation Line'' and dated January 30, + 2018. + (3) Omitted land.-- + (A) In general.--The term ``omitted land'' means the land + in lots 6, 7, 8, 9, 10, 11, 12, and 13 of sec. 30, T. 16 N., R. + 10 W., Louisiana Meridian, comprising a total of approximately + 229.72 acres, as depicted on the Map, that-- + (i) was in place during the Original Survey; but + (ii) was not included in the Original Survey. + (B) Inclusion.--The term ``omitted land'' includes-- + (i) Peggy's Island in lot 1 of sec. 17, T. 16 N., R. 10 + W., Louisiana Meridian; and + (ii) Hog Island in lot 1 of sec. 29, T. 16 N., R. 10 + W., Louisiana Meridian. + (4) Original survey.--The term ``Original Survey'' means the + survey of land surrounding Lake Bistineau, Louisiana, conducted by + the General Land Office in 1838 and approved by the Surveyor + General on December 8, 1842. (b) Conveyances.-- - (1) In general.--Consistent with the first section of the - Act of December 22, 1928 (commonly known as the ``Color of - Title Act'') (45 Stat. 1069, chapter 47; 43 U.S.C. 1068), - except as provided by this section, the Secretary shall convey - to the claimant the omitted land, including any mineral - interests, that has been held in good faith and in peaceful, - adverse possession by a claimant or an ancestor or grantor of - the claimant, under claim or color of title, based on the - Original Survey. - (2) Confirmation of title.--The conveyance or patent of - omitted land to a claimant under paragraph (1) shall have the - effect of confirming title to the surface and minerals in the - claimant and shall not serve as any admission by a claimant. + (1) In general.--Consistent with the first section of the Act + of December 22, 1928 (commonly known as the ``Color of Title Act'') + (45 Stat. 1069, chapter 47; 43 U.S.C. 1068), except as provided by + this section, the Secretary shall convey to the claimant the + omitted land, including any mineral interests, that has been held + in good faith and in peaceful, adverse possession by a claimant or + an ancestor or grantor of the claimant, under claim or color of + title, based on the Original Survey. + (2) Confirmation of title.--The conveyance or patent of omitted + land to a claimant under paragraph (1) shall have the effect of + confirming title to the surface and minerals in the claimant and + shall not serve as any admission by a claimant. (c) Payment of Costs.-- - (1) In general.--Except as provided in paragraph (2), the - conveyance required under subsection (b) shall be without - consideration. - (2) Condition.--As a condition of the conveyance of the - omitted land under subsection (b), before making the - conveyance, the Secretary shall recover from the State of - Louisiana any costs incurred by the Secretary relating to any - survey, platting, legal description, or associated activities - required to prepare and issue a patent under that subsection. + (1) In general.--Except as provided in paragraph (2), the + conveyance required under subsection (b) shall be without + consideration. + (2) Condition.--As a condition of the conveyance of the omitted + land under subsection (b), before making the conveyance, the + Secretary shall recover from the State of Louisiana any costs + incurred by the Secretary relating to any survey, platting, legal + description, or associated activities required to prepare and issue + a patent under that subsection. (d) Map and Legal Description.--As soon as practicable after the date of enactment of this Act, the Secretary shall file, and make available for public inspection in the appropriate offices of the Bureau of Land and Management, the Map and legal descriptions of the omitted land to be conveyed under subsection (b). - SEC. 1010. LAKE FANNIN LAND CONVEYANCE. - (a) Definitions.--In this section: - (1) County.--The term ``County'' means Fannin County, - Texas. - (2) Map.--The term ``map'' means the map entitled ``Lake - Fannin Conveyance'' and dated November 21, 2013. - (3) National forest system land.--The term ``National - Forest System land'' means the approximately 2,025 acres of - National Forest System land generally depicted on the map. - (4) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture, acting through the Chief of the Forest Service. + (1) County.--The term ``County'' means Fannin County, Texas. + (2) Map.--The term ``map'' means the map entitled ``Lake Fannin + Conveyance'' and dated November 21, 2013. + (3) National forest system land.--The term ``National Forest + System land'' means the approximately 2,025 acres of National + Forest System land generally depicted on the map. + (4) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture, acting through the Chief of the Forest Service. (b) Land Conveyance.-- - (1) In general.--Subject to the terms and conditions - described in paragraph (2), if the County submits to the - Secretary an offer to acquire the National Forest System land - for the fair market value, as determined by the appraisal under - paragraph (3), the Secretary shall convey the National Forest - System land to the County. - (2) Terms and conditions.--The conveyance under paragraph - (1) shall be-- - (A) subject to valid existing rights; - (B) made by quitclaim deed; and - (C) subject to any other terms and conditions as - the Secretary considers appropriate to protect the - interests of the United States. - (3) Appraisal.-- - (A) In general.--Not later than 180 days after the - date of enactment of this Act, the Secretary shall - complete an appraisal to determine the fair market - value of the National Forest System land. - (B) Standards.--The appraisal under subparagraph - (A) shall be conducted in accordance with-- - (i) the Uniform Appraisal Standards for - Federal Land Acquisitions; and - (ii) the Uniform Standards of Professional - Appraisal Practice. - (4) Map.-- - (A) Availability of map.--The map shall be kept on - file and available for public inspection in the - appropriate office of the Forest Service. - (B) Correction of errors.--The Secretary may - correct minor errors in the map. - (5) Consideration.--As consideration for the conveyance - under paragraph (1), the County shall pay to the Secretary an - amount equal to the fair market value of the National Forest - System land, as determined by the appraisal under paragraph - (3). - (6) Survey.--The exact acreage and legal description of the - National Forest System land to be conveyed under paragraph (1) - shall be determined by a survey satisfactory to the Secretary - and the County. - (7) Use.--As a condition of the conveyance under paragraph - (1), the County shall agree to manage the land conveyed under - that subsection for public recreational purposes. - (8) Costs of conveyance.--As a condition on the conveyance - under paragraph (1), the County shall pay to the Secretary all - costs associated with the conveyance, including the cost of-- - (A) the appraisal under paragraph (3); and - (B) the survey under paragraph (6). - + (1) In general.--Subject to the terms and conditions described + in paragraph (2), if the County submits to the Secretary an offer + to acquire the National Forest System land for the fair market + value, as determined by the appraisal under paragraph (3), the + Secretary shall convey the National Forest System land to the + County. + (2) Terms and conditions.--The conveyance under paragraph (1) + shall be-- + (A) subject to valid existing rights; + (B) made by quitclaim deed; and + (C) subject to any other terms and conditions as the + Secretary considers appropriate to protect the interests of the + United States. + (3) Appraisal.-- + (A) In general.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall complete an + appraisal to determine the fair market value of the National + Forest System land. + (B) Standards.--The appraisal under subparagraph (A) shall + be conducted in accordance with-- + (i) the Uniform Appraisal Standards for Federal Land + Acquisitions; and + (ii) the Uniform Standards of Professional Appraisal + Practice. + (4) Map.-- + (A) Availability of map.--The map shall be kept on file and + available for public inspection in the appropriate office of + the Forest Service. + (B) Correction of errors.--The Secretary may correct minor + errors in the map. + (5) Consideration.--As consideration for the conveyance under + paragraph (1), the County shall pay to the Secretary an amount + equal to the fair market value of the National Forest System land, + as determined by the appraisal under paragraph (3). + (6) Survey.--The exact acreage and legal description of the + National Forest System land to be conveyed under paragraph (1) + shall be determined by a survey satisfactory to the Secretary and + the County. + (7) Use.--As a condition of the conveyance under paragraph (1), + the County shall agree to manage the land conveyed under that + subsection for public recreational purposes. + (8) Costs of conveyance.--As a condition on the conveyance + under paragraph (1), the County shall pay to the Secretary all + costs associated with the conveyance, including the cost of-- + (A) the appraisal under paragraph (3); and + (B) the survey under paragraph (6). SEC. 1011. LAND CONVEYANCE AND UTILITY RIGHT-OF-WAY, HENRY'S LAKE - WILDERNESS STUDY AREA, IDAHO. - +WILDERNESS STUDY AREA, IDAHO. (a) Conveyance and Right-of-Way Authorized.--Notwithstanding section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the Secretary may-- - (1) convey to the owner of a private residence located at - 3787 Valhalla Road in Island Park, Idaho (in this section - referred to as the ``owner''), all right, title, and interest - of the United States in and to the approximately 0.5 acres of - Federal land in the Henry's Lake Wilderness Study Area - described as lot 14, section 33, Township 16 North, Range 43 - East, Boise Meridian, Fremont County, Idaho; and - (2) grant Fall River Electric in Ashton, Idaho, the right - to operate, maintain, and rehabilitate a right-of-way - encumbering approximately 0.4 acres of Federal land in the - Henry's Lake Wilderness Study Area described as lot 15, section - 33, Township 16 North, Range 43 East, Boise Meridian, Fremont - County, Idaho, which includes an electric distribution line and - access road, 850' in length, 20' in width. + (1) convey to the owner of a private residence located at 3787 + Valhalla Road in Island Park, Idaho (in this section referred to as + the ``owner''), all right, title, and interest of the United States + in and to the approximately 0.5 acres of Federal land in the + Henry's Lake Wilderness Study Area described as lot 14, section 33, + Township 16 North, Range 43 East, Boise Meridian, Fremont County, + Idaho; and + (2) grant Fall River Electric in Ashton, Idaho, the right to + operate, maintain, and rehabilitate a right-of-way encumbering + approximately 0.4 acres of Federal land in the Henry's Lake + Wilderness Study Area described as lot 15, section 33, Township 16 + North, Range 43 East, Boise Meridian, Fremont County, Idaho, which + includes an electric distribution line and access road, 850' in + length, 20' in width. (b) Consideration; Conditions.-- - (1) Land disposal.--The Secretary shall convey the land - under subsection (a)(1) in accordance with section 203 of the - Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) - and part 2711.3-3 of title 43, Code of Federal Regulations. As - consideration for the conveyance the owner shall pay to the - Secretary an amount equal to the fair market value as valued by - a qualified land appraisal and approved by the Appraisal and - Valuation Services Office. - (2) Right-of-way.--The Secretary shall grant the right-of- - way granted under subsection (a)(2) in accordance with section - 205 of the Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1715), and part 2800 of title 43, Code of Federal - Regulations. + (1) Land disposal.--The Secretary shall convey the land under + subsection (a)(1) in accordance with section 203 of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1713) and part + 2711.3-3 of title 43, Code of Federal Regulations. As consideration + for the conveyance the owner shall pay to the Secretary an amount + equal to the fair market value as valued by a qualified land + appraisal and approved by the Appraisal and Valuation Services + Office. + (2) Right-of-way.--The Secretary shall grant the right-of-way + granted under subsection (a)(2) in accordance with section 205 of + the Federal Land Policy and Management Act of 1976 (43 U.S.C. + 1715), and part 2800 of title 43, Code of Federal Regulations. (c) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance of the land and the grant of the right-of-way under this section as the Secretary considers appropriate to protect the interests of the United States. - SEC. 1012. CONVEYANCE TO UKPEAGVIK INUPIAT CORPORATION. - (a) In General.--Not later than 1 year after the date of enactment of this Act, subject to valid existing rights, the Secretary shall convey to the Ukpeagvik Inupiat Corporation all right, title, and @@ -1143,14 +1111,13 @@ interest held by the United States in and to sand and gravel deposits underlying the surface estate owned by the Ukpeagvik Inupiat Corporation within and contiguous to the Barrow gas fields, and more particularly described as follows: - (1) T. 21 N. R. 16 W., secs. 7, 17-18, 19-21, and 28-29, of - the Umiat Meridian. - (2) T. 21 N. R. 17 W., secs. 1-2 and 11-14, of the Umiat - Meridian. - (3) T. 22 N. R. 18 W., secs. 4, 9, and 29-32, of the Umiat - Meridian. - (4) T. 22 N. R. 19 W., secs. 25 and 36, of the Umiat - Meridian. + (1) T. 21 N. R. 16 W., secs. 7, 17-18, 19-21, and 28-29, of the + Umiat Meridian. + (2) T. 21 N. R. 17 W., secs. 1-2 and 11-14, of the Umiat + Meridian. + (3) T. 22 N. R. 18 W., secs. 4, 9, and 29-32, of the Umiat + Meridian. + (4) T. 22 N. R. 19 W., secs. 25 and 36, of the Umiat Meridian. (b) Entitlement Fulfilled.--The conveyance under this section shall fulfill the entitlement granted to the Ukpeagvik Inupiat Corporation under section 12(a) of the Alaska Native Claims Settlement Act (43 @@ -1158,9 +1125,7 @@ U.S.C. 1611(a)). (c) Compliance With Endangered Species Act of 1973.--Nothing in this section affects any requirement, prohibition, or exception under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). - SEC. 1013. PUBLIC PURPOSE CONVEYANCE TO CITY OF HYDE PARK, UTAH. - (a) In General.--Notwithstanding the land use planning requirement of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), on written request by the City of Hyde @@ -1171,225 +1136,206 @@ public purposes consistent with uses allowed under the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.). (b) Description of Land.-- - (1) In general.--The parcel of public land referred to in - subsection (a) is the approximately 80-acre parcel identified - on the map entitled ``Hyde Park Land Conveyance Act'' and dated - October 23, 2017. - (2) Availability of map.--The map referred to in paragraph - (1) shall be on file and available for public inspection in - appropriate offices of the Bureau of Land Management. + (1) In general.--The parcel of public land referred to in + subsection (a) is the approximately 80-acre parcel identified on + the map entitled ``Hyde Park Land Conveyance Act'' and dated + October 23, 2017. + (2) Availability of map.--The map referred to in paragraph (1) + shall be on file and available for public inspection in appropriate + offices of the Bureau of Land Management. (c) Survey.--The exact acreage and legal description of the land to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. (d) Conveyance Costs.--As a condition for the conveyance under this section, all costs associated with the conveyance shall be paid by the City. - SEC. 1014. JUAB COUNTY CONVEYANCE. - (a) Definitions.--In this section: - (1) County.--The term ``County'' means Juab County, Utah. - (2) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture, acting through the Chief of the Forest Service. - (3) Nephi work center conveyance parcel.--The term ``Nephi - Work Center conveyance parcel'' means the parcel of - approximately 2.17 acres of National Forest System land in the - County, located at 740 South Main Street, Nephi, Utah, as - depicted as Tax Lot Numbers #XA00-0545-1111 and #XA00-0545-2 on - the map entitled ``Nephi Plat B'' and dated May 6, 1981. + (1) County.--The term ``County'' means Juab County, Utah. + (2) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture, acting through the Chief of the Forest Service. + (3) Nephi work center conveyance parcel.--The term ``Nephi Work + Center conveyance parcel'' means the parcel of approximately 2.17 + acres of National Forest System land in the County, located at 740 + South Main Street, Nephi, Utah, as depicted as Tax Lot Numbers + #XA00-0545-1111 and #XA00-0545-2 on the map entitled ``Nephi Plat + B'' and dated May 6, 1981. (b) Conveyance of Nephi Work Center Conveyance Parcel, Juab County, Utah.-- - (1) In general.--Not later than 1 year after the date on - which the Secretary receives a request from the County and - subject to valid existing rights and such terms and conditions - as are mutually satisfactory to the Secretary and the County, - including such additional terms as the Secretary determines to - be necessary, the Secretary shall convey to the County without - consideration all right, title, and interest of the United - States in and to the Nephi Work Center conveyance parcel. - (2) Costs.--Any costs relating to the conveyance under - paragraph (1), including processing and transaction costs, - shall be paid by the County. - (3) Use of land.--The land conveyed to the County under - paragraph (1) shall be used by the County-- - (A) to house fire suppression and fuels mitigation - personnel; - (B) to facilitate fire suppression and fuels - mitigation activities; and - (C) for infrastructure and equipment necessary to - carry out subparagraphs (A) and (B). - + (1) In general.--Not later than 1 year after the date on which + the Secretary receives a request from the County and subject to + valid existing rights and such terms and conditions as are mutually + satisfactory to the Secretary and the County, including such + additional terms as the Secretary determines to be necessary, the + Secretary shall convey to the County without consideration all + right, title, and interest of the United States in and to the Nephi + Work Center conveyance parcel. + (2) Costs.--Any costs relating to the conveyance under + paragraph (1), including processing and transaction costs, shall be + paid by the County. + (3) Use of land.--The land conveyed to the County under + paragraph (1) shall be used by the County-- + (A) to house fire suppression and fuels mitigation + personnel; + (B) to facilitate fire suppression and fuels mitigation + activities; and + (C) for infrastructure and equipment necessary to carry out + subparagraphs (A) and (B). SEC. 1015. BLACK MOUNTAIN RANGE AND BULLHEAD CITY LAND EXCHANGE. - (a) Definitions.--In this section: - (1) City.--The term ``City'' means Bullhead City, Arizona. - (2) Non-federal land.--The term ``non-Federal Land'' means - the approximately 1,100 acres of land owned by Bullhead City in - the Black Mountain Range generally depicted as ``Bullhead City - Land to be Exchanged to BLM'' on the Map. - (3) Map.--The term ``Map'' means the map entitled - ``Bullhead City Land Exchange'' and dated August 24, 2018. - (4) Federal land.--The term ``Federal land'' means the - approximately 345.2 acres of land in Bullhead City, Arizona, - generally depicted as ``Federal Land to be exchanged to - Bullhead City'' on the Map. + (1) City.--The term ``City'' means Bullhead City, Arizona. + (2) Non-federal land.--The term ``non-Federal Land'' means the + approximately 1,100 acres of land owned by Bullhead City in the + Black Mountain Range generally depicted as ``Bullhead City Land to + be Exchanged to BLM'' on the Map. + (3) Map.--The term ``Map'' means the map entitled ``Bullhead + City Land Exchange'' and dated August 24, 2018. + (4) Federal land.--The term ``Federal land'' means the + approximately 345.2 acres of land in Bullhead City, Arizona, + generally depicted as ``Federal Land to be exchanged to Bullhead + City'' on the Map. (b) Land Exchange.-- - (1) In general.--If after December 15, 2020, the City - offers to convey to the Secretary all right, title, and - interest of the City in and to the non-Federal land, the - Secretary shall accept the offer and simultaneously convey to - the City all right, title, and interest of the United States in - and to the Federal land. - (2) Land title.--Title to the non-Federal land conveyed to - the Secretary under this section shall be in a form acceptable - to the Secretary and shall conform to the title approval - standards of the Attorney General of the United States - applicable to land acquisitions by the Federal Government. - (3) Exchange costs.--The City shall pay for all land - survey, appraisal, and other costs to the Secretary as may be - necessary to process and consummate the exchange under this - section. + (1) In general.--If after December 15, 2020, the City offers to + convey to the Secretary all right, title, and interest of the City + in and to the non-Federal land, the Secretary shall accept the + offer and simultaneously convey to the City all right, title, and + interest of the United States in and to the Federal land. + (2) Land title.--Title to the non-Federal land conveyed to the + Secretary under this section shall be in a form acceptable to the + Secretary and shall conform to the title approval standards of the + Attorney General of the United States applicable to land + acquisitions by the Federal Government. + (3) Exchange costs.--The City shall pay for all land survey, + appraisal, and other costs to the Secretary as may be necessary to + process and consummate the exchange under this section. (c) Equal Value Exchange and Appraisals.-- - (1) Appraisals.--The values of the lands to be exchanged - under this section shall be determined by the Secretary through - appraisals performed-- - (A) in accordance with-- - (i) the Uniform Appraisal Standards for - Federal Land Acquisitions; - (ii) the Uniform Standards of Professional - Appraisal Practice; and - (iii) appraisal instructions issued by the - Secretary; and - (B) by an appraiser mutually agreed to by the - Secretary and the City. - (2) Equal value exchange.--The values of the Federal and - non-Federal land parcels exchanged shall be equal, or if they - are not equal, shall be equalized as follows: - (A) Surplus of federal land value.--If the final - appraised value of the Federal land exceeds the final - appraised value of the non-Federal land, the City shall - reduce the amount of land it is requesting from the - Federal Government in order to create an equal value in - accordance with section 206(b) of the Federal Land - Policy and Management Act of 1976 (43 U.S.C. 1716(b)). - Land that is not exchanged because of equalization - under this subparagraph shall remain subject to lease - under the Act of June 14, 1926 (commonly known as the - ``Recreation and Public Purposes Act'') (44 Stat. 741, - chapter 578; 43 U.S.C. 869 et seq.). - (B) Use of funds.--Any cash equalization moneys - received by the Secretary under subparagraph (A) shall - be-- - (i) deposited in the Federal Land Disposal - Account established by section 206(a) of the - Federal Land Transaction Facilitation Act (43 - U.S.C. 2305(a)); and - (ii) used in accordance with that Act (43 - U.S.C. 2301 et seq.). - (C) Surplus of non-federal land value.--If the - final appraised value of the non-Federal land exceeds - the final appraised value of the Federal land, the - United States shall not make a cash equalization - payment to the City, and surplus value of the non- - Federal land shall be considered a donation by the City - to the United States for all purposes of law. + (1) Appraisals.--The values of the lands to be exchanged under + this section shall be determined by the Secretary through + appraisals performed-- + (A) in accordance with-- + (i) the Uniform Appraisal Standards for Federal Land + Acquisitions; + (ii) the Uniform Standards of Professional Appraisal + Practice; and + (iii) appraisal instructions issued by the Secretary; + and + (B) by an appraiser mutually agreed to by the Secretary and + the City. + (2) Equal value exchange.--The values of the Federal and non- + Federal land parcels exchanged shall be equal, or if they are not + equal, shall be equalized as follows: + (A) Surplus of federal land value.--If the final appraised + value of the Federal land exceeds the final appraised value of + the non-Federal land, the City shall reduce the amount of land + it is requesting from the Federal Government in order to create + an equal value in accordance with section 206(b) of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). + Land that is not exchanged because of equalization under this + subparagraph shall remain subject to lease under the Act of + June 14, 1926 (commonly known as the ``Recreation and Public + Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et + seq.). + (B) Use of funds.--Any cash equalization moneys received by + the Secretary under subparagraph (A) shall be-- + (i) deposited in the Federal Land Disposal Account + established by section 206(a) of the Federal Land + Transaction Facilitation Act (43 U.S.C. 2305(a)); and + (ii) used in accordance with that Act (43 U.S.C. 2301 + et seq.). + (C) Surplus of non-federal land value.--If the final + appraised value of the non-Federal land exceeds the final + appraised value of the Federal land, the United States shall + not make a cash equalization payment to the City, and surplus + value of the non-Federal land shall be considered a donation by + the City to the United States for all purposes of law. (d) Withdrawal Provisions.--Lands acquired by the Secretary under this section are, upon such acquisition, automatically and permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.). (e) Maps, Estimates, and Descriptions.-- - (1) Minor errors.--The Secretary and the City may, by - mutual agreement-- - (A) make minor boundary adjustments to the Federal - and non-Federal lands involved in the exchange; and - (B) correct any minor errors in any map, acreage - estimate, or description of any land to be exchanged. - (2) Conflict.--If there is a conflict between a map, an - acreage estimate, or a description of land under this section, - the map shall control unless the Secretary and the City - mutually agree otherwise. - (3) Availability.--The Secretary shall file and make - available for public inspection in the Arizona headquarters of - the Bureau of Land Management a copy of all maps referred to in - this section. - + (1) Minor errors.--The Secretary and the City may, by mutual + agreement-- + (A) make minor boundary adjustments to the Federal and non- + Federal lands involved in the exchange; and + (B) correct any minor errors in any map, acreage estimate, + or description of any land to be exchanged. + (2) Conflict.--If there is a conflict between a map, an acreage + estimate, or a description of land under this section, the map + shall control unless the Secretary and the City mutually agree + otherwise. + (3) Availability.--The Secretary shall file and make available + for public inspection in the Arizona headquarters of the Bureau of + Land Management a copy of all maps referred to in this section. SEC. 1016. COTTONWOOD LAND EXCHANGE. - (a) Definitions.--In this section: - (1) County.--The term ``County'' means Yavapai County, - Arizona. - (2) Federal land.--The term ``Federal land'' means all - right, title, and interest of the United States in and to - approximately 80 acres of land within the Coconino National - Forest, in Yavapai County, Arizona, generally depicted as - ``Coconino National Forest Parcels `Federal Land''' on the map. - (3) Map.--The term ``map'' means the map entitled - ``Cottonwood Land Exchange'', with the revision date July 5, - 2018\Version 1. - (4) Non-federal land.--The term ``non-Federal land'' means - the approximately 369 acres of land in Yavapai County, Arizona, - generally depicted as ``Yavapai County Parcels `Non-Federal - Land''' on the map. - (5) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture, unless otherwise specified. + (1) County.--The term ``County'' means Yavapai County, Arizona. + (2) Federal land.--The term ``Federal land'' means all right, + title, and interest of the United States in and to approximately 80 + acres of land within the Coconino National Forest, in Yavapai + County, Arizona, generally depicted as ``Coconino National Forest + Parcels `Federal Land''' on the map. + (3) Map.--The term ``map'' means the map entitled ``Cottonwood + Land Exchange'', with the revision date July 5, 2018\Version 1. + (4) Non-federal land.--The term ``non-Federal land'' means the + approximately 369 acres of land in Yavapai County, Arizona, + generally depicted as ``Yavapai County Parcels `Non-Federal Land''' + on the map. + (5) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture, unless otherwise specified. (b) Land Exchange.-- - (1) In general.--If the County offers to convey to the - Secretary all right, title, and interest of the County in and - to the non-Federal land, the Secretary shall accept the offer - and simultaneously convey to the County all right, title, and - interest of the United States to the Federal land. - (2) Land title.--Title to the non-Federal land conveyed to - the Secretary under this section shall be acceptable to the - Secretary and shall conform to the title approval standards of - the Attorney General of the United States applicable to land - acquisitions by the Federal Government. - (3) Exchange costs.--The County shall pay for all land - survey, appraisal, and other costs to the Secretary as may be - necessary to process and consummate the exchange under this - section, including reimbursement to the Secretary, if the - Secretary so requests, for staff time spent in such processing - and consummation. + (1) In general.--If the County offers to convey to the + Secretary all right, title, and interest of the County in and to + the non-Federal land, the Secretary shall accept the offer and + simultaneously convey to the County all right, title, and interest + of the United States to the Federal land. + (2) Land title.--Title to the non-Federal land conveyed to the + Secretary under this section shall be acceptable to the Secretary + and shall conform to the title approval standards of the Attorney + General of the United States applicable to land acquisitions by the + Federal Government. + (3) Exchange costs.--The County shall pay for all land survey, + appraisal, and other costs to the Secretary as may be necessary to + process and consummate the exchange under this section, including + reimbursement to the Secretary, if the Secretary so requests, for + staff time spent in such processing and consummation. (c) Equal Value Exchange and Appraisals.-- - (1) Appraisals.--The values of the lands to be exchanged - under this section shall be determined by the Secretary through - appraisals performed-- - (A) in accordance with-- - (i) the Uniform Appraisal Standards for - Federal Land Acquisitions; - (ii) the Uniform Standards of Professional - Appraisal Practice; and - (iii) appraisal instructions issued by the - Secretary; and - (B) by an appraiser mutually agreed to by the - Secretary and the County. - (2) Equal value exchange.--The values of the Federal and - non-Federal land parcels exchanged shall be equal, or if they - are not equal, shall be equalized as follows: - (A) Surplus of federal land value.--If the final - appraised value of the Federal land exceeds the final - appraised value of the non-Federal land, the County - shall make a cash equalization payment to the United - States as necessary to achieve equal value, including, - if necessary, an amount in excess of that authorized - pursuant to section 206(b) of the Federal Land Policy - and Management Act of 1976 (43 U.S.C. 1716(b)). - (B) Use of funds.--Any cash equalization moneys - received by the Secretary under subparagraph (A) shall - be-- - (i) deposited in the fund established under - Public Law 90-171 (commonly known as the ``Sisk - Act''; 16 U.S.C. 484a); and - (ii) made available to the Secretary for - the acquisition of land or interests in land in - Region 3 of the Forest Service. - (C) Surplus of non-federal land value.--If the - final appraised value of the non-Federal land exceeds - the final appraised value of the Federal land, the - United States shall not make a cash equalization - payment to the County, and surplus value of the non- - Federal land shall be considered a donation by the - County to the United States for all purposes of law. + (1) Appraisals.--The values of the lands to be exchanged under + this section shall be determined by the Secretary through + appraisals performed-- + (A) in accordance with-- + (i) the Uniform Appraisal Standards for Federal Land + Acquisitions; + (ii) the Uniform Standards of Professional Appraisal + Practice; and + (iii) appraisal instructions issued by the Secretary; + and + (B) by an appraiser mutually agreed to by the Secretary and + the County. + (2) Equal value exchange.--The values of the Federal and non- + Federal land parcels exchanged shall be equal, or if they are not + equal, shall be equalized as follows: + (A) Surplus of federal land value.--If the final appraised + value of the Federal land exceeds the final appraised value of + the non-Federal land, the County shall make a cash equalization + payment to the United States as necessary to achieve equal + value, including, if necessary, an amount in excess of that + authorized pursuant to section 206(b) of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1716(b)). + (B) Use of funds.--Any cash equalization moneys received by + the Secretary under subparagraph (A) shall be-- + (i) deposited in the fund established under Public Law + 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. + 484a); and + (ii) made available to the Secretary for the + acquisition of land or interests in land in Region 3 of the + Forest Service. + (C) Surplus of non-federal land value.--If the final + appraised value of the non-Federal land exceeds the final + appraised value of the Federal land, the United States shall + not make a cash equalization payment to the County, and surplus + value of the non-Federal land shall be considered a donation by + the County to the United States for all purposes of law. (d) Withdrawal Provisions.--Lands acquired by the Secretary under this section are, upon such acquisition, automatically and permanently withdrawn from all forms of appropriation and disposal under the public @@ -1400,83 +1346,78 @@ section shall become part of the Coconino National Forest and be managed in accordance with the laws, rules, and regulations applicable to the National Forest System. (f) Maps, Estimates, and Descriptions.-- - (1) Minor errors.--The Secretary and the County may, by - mutual agreement-- - (A) make minor boundary adjustments to the Federal - and non-Federal lands involved in the exchange; and - (B) correct any minor errors in any map, acreage - estimate, or description of any land to be exchanged. - (2) Conflict.--If there is a conflict between a map, an - acreage estimate, or a description of land under this section, - the map shall control unless the Secretary and the County - mutually agree otherwise. - (3) Availability.--The Secretary shall file and make - available for public inspection in the headquarters of the - Coconino National Forest a copy of all maps referred to in this - section. - + (1) Minor errors.--The Secretary and the County may, by mutual + agreement-- + (A) make minor boundary adjustments to the Federal and non- + Federal lands involved in the exchange; and + (B) correct any minor errors in any map, acreage estimate, + or description of any land to be exchanged. + (2) Conflict.--If there is a conflict between a map, an acreage + estimate, or a description of land under this section, the map + shall control unless the Secretary and the County mutually agree + otherwise. + (3) Availability.--The Secretary shall file and make available + for public inspection in the headquarters of the Coconino National + Forest a copy of all maps referred to in this section. SEC. 1017. EMBRY-RIDDLE TRI-CITY LAND EXCHANGE. - (a) Definitions.--In this section: - (1) Non-federal land.--The term ``non-Federal land'' means - the approximately 16-acre parcel of University land identified - in section 3(a) of Public Law 105-363 (112 Stat. 3297). - (2) University.--The term ``University'' means Embry-Riddle - Aeronautical University, Florida. + (1) Non-federal land.--The term ``non-Federal land'' means the + approximately 16-acre parcel of University land identified in + section 3(a) of Public Law 105-363 (112 Stat. 3297). + (2) University.--The term ``University'' means Embry-Riddle + Aeronautical University, Florida. (b) Conveyance of Federal Reversionary Interest in Land Located in the County of Yavapai, Arizona.-- - (1) In general.--Notwithstanding any other provision of - law, if after the completion of the appraisal required under - subsection (c), the University submits to the Secretary an - offer to acquire the reversionary interests of the United - States in and to the non-Federal land, the Secretary shall - convey to the University the reversionary interests of the - United States in and to the non-Federal land for the purpose of - unencumbering the title to the non-Federal land to enable - economic development of the non-Federal land. - (2) Legal descriptions.--As soon as practicable after the - date of enactment of this Act, the exact legal description of - the non-Federal land shall be determined in a manner - satisfactory to the Secretary. - (3) Additional terms and conditions.--The Secretary may - require such additional terms and conditions to the conveyance - under paragraph (1), consistent with this section, as the - Secretary considers appropriate to protect the interests of the - United States. - (4) Costs.--The University shall pay all costs associated - with the conveyance under paragraph (1), including the costs of - the appraisal required under subsection (c), the costs of any - surveys, recording costs, and other reasonable costs. + (1) In general.--Notwithstanding any other provision of law, if + after the completion of the appraisal required under subsection + (c), the University submits to the Secretary an offer to acquire + the reversionary interests of the United States in and to the non- + Federal land, the Secretary shall convey to the University the + reversionary interests of the United States in and to the non- + Federal land for the purpose of unencumbering the title to the non- + Federal land to enable economic development of the non-Federal + land. + (2) Legal descriptions.--As soon as practicable after the date + of enactment of this Act, the exact legal description of the non- + Federal land shall be determined in a manner satisfactory to the + Secretary. + (3) Additional terms and conditions.--The Secretary may require + such additional terms and conditions to the conveyance under + paragraph (1), consistent with this section, as the Secretary + considers appropriate to protect the interests of the United + States. + (4) Costs.--The University shall pay all costs associated with + the conveyance under paragraph (1), including the costs of the + appraisal required under subsection (c), the costs of any surveys, + recording costs, and other reasonable costs. (c) Appraisal.-- - (1) In general.--Not later than 180 days after the date of - enactment of this Act, the Secretary shall complete an - appraisal of the reversionary interests of the United States in - and to the non-Federal land. - (2) Applicable law.--The appraisal shall be completed in - accordance with-- - (A) the Uniform Appraisal Standards for Federal - Land Acquisitions; and - (B) the Uniform Standards of Professional Appraisal - Practice. + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall complete an appraisal of + the reversionary interests of the United States in and to the non- + Federal land. + (2) Applicable law.--The appraisal shall be completed in + accordance with-- + (A) the Uniform Appraisal Standards for Federal Land + Acquisitions; and + (B) the Uniform Standards of Professional Appraisal + Practice. (d) Consideration.-- - (1) In general.--As consideration for the conveyance of the - reversionary interests of the United States in and to the non- - Federal land under this section, the University shall pay to - the Secretary an amount equal to the appraised value of the - interests of the United States, as determined under subsection - (c). - (2) Deposit; use.--Amounts received under paragraph (1) - shall be-- - (A) deposited in the Federal Land Disposal Account - established by section 206(a) of the Federal Land - Transaction Facilitation Act (43 U.S.C. 2305(a)); and - (B) used in accordance with that Act (43 U.S.C. - 2301 et seq.). + (1) In general.--As consideration for the conveyance of the + reversionary interests of the United States in and to the non- + Federal land under this section, the University shall pay to the + Secretary an amount equal to the appraised value of the interests + of the United States, as determined under subsection (c). + (2) Deposit; use.--Amounts received under paragraph (1) shall + be-- + (A) deposited in the Federal Land Disposal Account + established by section 206(a) of the Federal Land Transaction + Facilitation Act (43 U.S.C. 2305(a)); and + (B) used in accordance with that Act (43 U.S.C. 2301 et + seq.). Subtitle B--Public Land and National Forest System Management SEC. 1101. BOLTS DITCH ACCESS. - (a) Access Granted.--The Secretary of Agriculture shall permit by special use authorization nonmotorized access and use, in accordance with section 293.6 of title 36, Code of Federal Regulations, of the @@ -1489,11 +1430,9 @@ a Colorado Home Rule Municipality. segment referenced in subsection (a) are as generally depicted on the map entitled ``Bolts Ditch headgate and Ditch Segment'' and dated November 2015. - SEC. 1102. CLARIFICATION RELATING TO A CERTAIN LAND DESCRIPTION UNDER - THE NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN - PARTNERSHIP ACT OF 2005. - +THE NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN PARTNERSHIP +ACT OF 2005. Section 104(a)(5) of the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005 (Public Law 109-110; 119 Stat. 2356) is amended by inserting before the period at the end ``, which, @@ -1502,229 +1441,201 @@ notwithstanding section 102(a)(4)(B), includes the N\1/2\ NE\1/4\ SW\1/ SW\1/4\ SE\1/4\, sec. 34, Township 22 North, Range 2 East, Gila and Salt River Meridian, Coconino County, Arizona, comprising approximately 25 acres''. - SEC. 1103. FRANK AND JEANNE MOORE WILD STEELHEAD SPECIAL MANAGEMENT - AREA. - +AREA. (a) Findings.--Congress finds that-- - (1) Frank Moore has committed his life to family, friends, - his country, and fly fishing; - (2) Frank Moore is a World War II veteran who stormed the - beaches of Normandy along with 150,000 troops during the D-Day - Allied invasion and was awarded the Chevalier of the French - Legion of Honor for his bravery; - (3) Frank Moore returned home after the war, started a - family, and pursued his passion of fishing on the winding - rivers in Oregon; - (4) as the proprietor of the Steamboat Inn along the North - Umpqua River in Oregon for nearly 20 years, Frank Moore, along - with his wife Jeanne, shared his love of fishing, the flowing - river, and the great outdoors, with visitors from all over the - United States and the world; - (5) Frank Moore has spent most of his life fishing the vast - rivers of Oregon, during which time he has contributed - significantly to efforts to conserve fish habitats and protect - river health, including serving on the State of Oregon Fish and - Wildlife Commission; - (6) Frank Moore has been recognized for his conservation - work with the National Wildlife Federation Conservationist of - the Year award, the Wild Steelhead Coalition Conservation - Award, and his 2010 induction into the Fresh Water Fishing Hall - of Fame; and - (7) in honor of the many accomplishments of Frank Moore, - both on and off the river, approximately 99,653 acres of Forest - Service land in the State of Oregon should be designated as the - ``Frank and Jeanne Moore Wild Steelhead Special Management - Area''. + (1) Frank Moore has committed his life to family, friends, his + country, and fly fishing; + (2) Frank Moore is a World War II veteran who stormed the + beaches of Normandy along with 150,000 troops during the D-Day + Allied invasion and was awarded the Chevalier of the French Legion + of Honor for his bravery; + (3) Frank Moore returned home after the war, started a family, + and pursued his passion of fishing on the winding rivers in Oregon; + (4) as the proprietor of the Steamboat Inn along the North + Umpqua River in Oregon for nearly 20 years, Frank Moore, along with + his wife Jeanne, shared his love of fishing, the flowing river, and + the great outdoors, with visitors from all over the United States + and the world; + (5) Frank Moore has spent most of his life fishing the vast + rivers of Oregon, during which time he has contributed + significantly to efforts to conserve fish habitats and protect + river health, including serving on the State of Oregon Fish and + Wildlife Commission; + (6) Frank Moore has been recognized for his conservation work + with the National Wildlife Federation Conservationist of the Year + award, the Wild Steelhead Coalition Conservation Award, and his + 2010 induction into the Fresh Water Fishing Hall of Fame; and + (7) in honor of the many accomplishments of Frank Moore, both + on and off the river, approximately 99,653 acres of Forest Service + land in the State of Oregon should be designated as the ``Frank and + Jeanne Moore Wild Steelhead Special Management Area''. (b) Definitions.--In this section: - (1) Map.--The term ``Map'' means the map entitled ``Frank - Moore Wild Steelhead Special Management Area Designation Act'' - and dated June 23, 2016. - (2) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture, acting through the Chief of the Forest Service. - (3) Special management area.--The term ``Special Management - Area'' means the Frank and Jeanne Moore Wild Steelhead Special - Management Area designated by subsection (c)(1). - (4) State.--The term ``State'' means the State of Oregon. + (1) Map.--The term ``Map'' means the map entitled ``Frank Moore + Wild Steelhead Special Management Area Designation Act'' and dated + June 23, 2016. + (2) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture, acting through the Chief of the Forest Service. + (3) Special management area.--The term ``Special Management + Area'' means the Frank and Jeanne Moore Wild Steelhead Special + Management Area designated by subsection (c)(1). + (4) State.--The term ``State'' means the State of Oregon. (c) Frank and Jeanne Moore Wild Steelhead Special Management Area, Oregon.-- - (1) Designation.--The approximately 99,653 acres of Forest - Service land in the State, as generally depicted on the Map, is - designated as the ``Frank and Jeanne Moore Wild Steelhead - Special Management Area''. - (2) Map; legal description.-- - (A) In general.--As soon as practicable after the - date of enactment of this Act, the Secretary shall - prepare a map and legal description of the Special - Management Area. - (B) Force of law.--The map and legal description - prepared under subparagraph (A) shall have the same - force and effect as if included in this section, except - that the Secretary may correct clerical and - typographical errors in the map and legal description. - (C) Availability.--The map and legal description - prepared under subparagraph (A) shall be on file and - available for public inspection in the appropriate - offices of the Forest Service. - (3) Administration.--Subject to valid existing rights, the - Special Management Area shall be administered by the - Secretary-- - (A) in accordance with all laws (including - regulations) applicable to the National Forest System; - and - (B) in a manner that-- - (i) conserves and enhances the natural - character, scientific use, and the botanical, - recreational, ecological, fish and wildlife, - scenic, drinking water, and cultural values of - the Special Management Area; - (ii) maintains and seeks to enhance the - wild salmonid habitat of the Special Management - Area; - (iii) maintains or enhances the watershed - as a thermal refuge for wild salmonids; and - (iv) preserves opportunities for - recreation, including primitive recreation. - (4) Fish and wildlife.--Nothing in this section affects the - jurisdiction or responsibilities of the State with respect to - fish and wildlife in the State. - (5) Adjacent management.--Nothing in this section-- - (A) creates any protective perimeter or buffer zone - around the Special Management Area; or - (B) modifies the applicable travel management plan - for the Special Management Area. - (6) Wildfire management.--Nothing in this section prohibits - the Secretary, in cooperation with other Federal, State, and - local agencies, as appropriate, from conducting wildland fire - operations in the Special Management Area, consistent with the - purposes of this section, including the use of aircraft, - machinery, mechanized equipment, fire breaks, backfires, and - retardant. - (7) Vegetation management.--Nothing in this section - prohibits the Secretary from conducting vegetation management - projects within the Special Management Area in a manner - consistent with-- - (A) the purposes described in paragraph (3); and - (B) the applicable forest plan. - (8) Protection of tribal rights.--Nothing in this section - diminishes any treaty rights of an Indian Tribe. - (9) Withdrawal.--Subject to valid existing rights, the - Federal land within the boundaries of the Special Management - Area river segments designated by paragraph (1) is withdrawn - from all forms of-- - (A) entry, appropriation, or disposal under the - public land laws; - (B) location, entry, and patent under the mining - laws; and - (C) disposition under all laws relating to mineral - and geothermal leasing or mineral materials. - + (1) Designation.--The approximately 99,653 acres of Forest + Service land in the State, as generally depicted on the Map, is + designated as the ``Frank and Jeanne Moore Wild Steelhead Special + Management Area''. + (2) Map; legal description.-- + (A) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall prepare a map and + legal description of the Special Management Area. + (B) Force of law.--The map and legal description prepared + under subparagraph (A) shall have the same force and effect as + if included in this section, except that the Secretary may + correct clerical and typographical errors in the map and legal + description. + (C) Availability.--The map and legal description prepared + under subparagraph (A) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service. + (3) Administration.--Subject to valid existing rights, the + Special Management Area shall be administered by the Secretary-- + (A) in accordance with all laws (including regulations) + applicable to the National Forest System; and + (B) in a manner that-- + (i) conserves and enhances the natural character, + scientific use, and the botanical, recreational, + ecological, fish and wildlife, scenic, drinking water, and + cultural values of the Special Management Area; + (ii) maintains and seeks to enhance the wild salmonid + habitat of the Special Management Area; + (iii) maintains or enhances the watershed as a thermal + refuge for wild salmonids; and + (iv) preserves opportunities for recreation, including + primitive recreation. + (4) Fish and wildlife.--Nothing in this section affects the + jurisdiction or responsibilities of the State with respect to fish + and wildlife in the State. + (5) Adjacent management.--Nothing in this section-- + (A) creates any protective perimeter or buffer zone around + the Special Management Area; or + (B) modifies the applicable travel management plan for the + Special Management Area. + (6) Wildfire management.--Nothing in this section prohibits the + Secretary, in cooperation with other Federal, State, and local + agencies, as appropriate, from conducting wildland fire operations + in the Special Management Area, consistent with the purposes of + this section, including the use of aircraft, machinery, mechanized + equipment, fire breaks, backfires, and retardant. + (7) Vegetation management.--Nothing in this section prohibits + the Secretary from conducting vegetation management projects within + the Special Management Area in a manner consistent with-- + (A) the purposes described in paragraph (3); and + (B) the applicable forest plan. + (8) Protection of tribal rights.--Nothing in this section + diminishes any treaty rights of an Indian Tribe. + (9) Withdrawal.--Subject to valid existing rights, the Federal + land within the boundaries of the Special Management Area river + segments designated by paragraph (1) is withdrawn from all forms + of-- + (A) entry, appropriation, or disposal under the public land + laws; + (B) location, entry, and patent under the mining laws; and + (C) disposition under all laws relating to mineral and + geothermal leasing or mineral materials. SEC. 1104. MAINTENANCE OR REPLACEMENT OF FACILITIES AND STRUCTURES AT - SMITH GULCH. - +SMITH GULCH. The authorization of the Secretary of Agriculture to maintain or replace facilities or structures for commercial recreation services at Smith Gulch under section 3(a)(24)(D) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(24)(D))-- - (1) may include improvements or replacements that the - Secretary of Agriculture determines-- - (A) are consistent with section 9(b) of the Central - Idaho Wilderness Act of 1980 (16 U.S.C. 1281 note; - Public Law 96-312); and - (B) would reduce the impact of the commercial - recreation facilities or services on wilderness or wild - and scenic river resources and values; and - (2) authorizes the Secretary of Agriculture to consider - including, as appropriate-- - (A) hydroelectric generators and associated - electrical transmission facilities; - (B) water pumps for fire suppression; - (C) transitions from propane to electrical - lighting; - (D) solar energy systems; - (E) 6-volt or 12-volt battery banks for power - storage; and - (F) other improvements or replacements which are - consistent with this section that the Secretary of - Agriculture determines appropriate. - + (1) may include improvements or replacements that the Secretary + of Agriculture determines-- + (A) are consistent with section 9(b) of the Central Idaho + Wilderness Act of 1980 (16 U.S.C. 1281 note; Public Law 96- + 312); and + (B) would reduce the impact of the commercial recreation + facilities or services on wilderness or wild and scenic river + resources and values; and + (2) authorizes the Secretary of Agriculture to consider + including, as appropriate-- + (A) hydroelectric generators and associated electrical + transmission facilities; + (B) water pumps for fire suppression; + (C) transitions from propane to electrical lighting; + (D) solar energy systems; + (E) 6-volt or 12-volt battery banks for power storage; and + (F) other improvements or replacements which are consistent + with this section that the Secretary of Agriculture determines + appropriate. SEC. 1105. REPEAL OF PROVISION LIMITING THE EXPORT OF TIMBER HARVESTED - FROM CERTAIN KAKE TRIBAL CORPORATION LAND. - +FROM CERTAIN KAKE TRIBAL CORPORATION LAND. Section 42 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629h) is amended-- - (1) by striking subsection (h); - (2) by redesignating subsection (i) as subsection (h); and - (3) in subsection (h) (as so redesignated), in the first - sentence, by striking ``and to provide'' and all that follows - through ``subsection (h)''. - + (1) by striking subsection (h); + (2) by redesignating subsection (i) as subsection (h); and + (3) in subsection (h) (as so redesignated), in the first + sentence, by striking ``and to provide'' and all that follows + through ``subsection (h)''. SEC. 1106. DESIGNATION OF FOWLER AND BOSKOFF PEAKS. - (a) Designation of Fowler Peak.-- - (1) In general.--The 13,498-foot mountain peak, located at - 37.8569N, by -108.0117W, in the Uncompahgre National Forest - in the State of Colorado, shall be known and designated as - ``Fowler Peak''. - (2) References.--Any reference in a law, map, regulation, - document, paper, or other record of the United States to the - peak described in paragraph (1) shall be deemed to be a - reference to ``Fowler Peak''. + (1) In general.--The 13,498-foot mountain peak, located at + 37.8569N, by -108.0117W, in the Uncompahgre National Forest in + the State of Colorado, shall be known and designated as ``Fowler + Peak''. + (2) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the peak + described in paragraph (1) shall be deemed to be a reference to + ``Fowler Peak''. (b) Designation of Boskoff Peak.-- - (1) In general.--The 13,123-foot mountain peak, located at - 37.85549N, by -108.03112W, in the Uncompahgre National Forest - in the State of Colorado, shall be known and designated as - ``Boskoff Peak''. - (2) References.--Any reference in a law, map, regulation, - document, paper, or other record of the United States to the - peak described in paragraph (1) shall be deemed to be a - reference to ``Boskoff Peak''. - + (1) In general.--The 13,123-foot mountain peak, located at + 37.85549N, by -108.03112W, in the Uncompahgre National Forest in + the State of Colorado, shall be known and designated as ``Boskoff + Peak''. + (2) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the peak + described in paragraph (1) shall be deemed to be a reference to + ``Boskoff Peak''. SEC. 1107. CORONADO NATIONAL FOREST LAND CONVEYANCE. - (a) Definitions.--In this section: - (1) Permittee.-- - (A) In general.--The term ``permittee'' means a - person who, on the date of enactment of this Act, holds - a valid permit for use of a property. - (B) Inclusions.--The term ``permittee'' includes - any heirs, executors, and assigns of the permittee or - interest of the permittee. - (2) Property.--The term ``property'' means-- - (A) the approximately 1.1 acres of National Forest - System land in sec. 8, T. 10 S., R. 16 E., Gila and - Salt River Meridian, as generally depicted on the map - entitled ``Coronado National Forest Land Conveyance Act - of 2017'', special use permit numbered SAN5005-03, and - dated October 2017; - (B) the approximately 4.5 acres of National Forest - System land in sec. 8, T. 10 S., R. 16 E., Gila and - Salt River Meridian, as generally depicted on the map - entitled ``Coronado National Forest Land Conveyance Act - of 2017'', special use permit numbered SAN5116-03, and - dated October 2017; and - (C) the approximately 3.9 acres of National Forest - System land in NW\1/4\, sec. 1, T. 10 S., R. 15 E., - Gila and Salt River Meridian, as generally depicted on - the map entitled ``Coronado National Forest Land - Conveyance Act of 2017'', special use permit numbered - SAN5039-02, and dated October 2017. - (3) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture. + (1) Permittee.-- + (A) In general.--The term ``permittee'' means a person who, + on the date of enactment of this Act, holds a valid permit for + use of a property. + (B) Inclusions.--The term ``permittee'' includes any heirs, + executors, and assigns of the permittee or interest of the + permittee. + (2) Property.--The term ``property'' means-- + (A) the approximately 1.1 acres of National Forest System + land in sec. 8, T. 10 S., R. 16 E., Gila and Salt River + Meridian, as generally depicted on the map entitled ``Coronado + National Forest Land Conveyance Act of 2017'', special use + permit numbered SAN5005-03, and dated October 2017; + (B) the approximately 4.5 acres of National Forest System + land in sec. 8, T. 10 S., R. 16 E., Gila and Salt River + Meridian, as generally depicted on the map entitled ``Coronado + National Forest Land Conveyance Act of 2017'', special use + permit numbered SAN5116-03, and dated October 2017; and + (C) the approximately 3.9 acres of National Forest System + land in NW\1/4\, sec. 1, T. 10 S., R. 15 E., Gila and Salt + River Meridian, as generally depicted on the map entitled + ``Coronado National Forest Land Conveyance Act of 2017'', + special use permit numbered SAN5039-02, and dated October 2017. + (3) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture. (b) Sale.-- - (1) In general.--Subject to valid existing rights, during - the period described in paragraph (2), not later than 90 days - after the date on which a permittee submits a request to the - Secretary, the Secretary shall-- - (A) accept tender of consideration from that - permittee; and - (B) sell and quitclaim to that permittee all right, - title, and interest of the United States in and to the - property for which the permittee holds a permit. - (2) Period described.--The period referred to in paragraph - (1) is the period beginning on the date of enactment of this - Act and ending on the date of expiration of the applicable - permit. + (1) In general.--Subject to valid existing rights, during the + period described in paragraph (2), not later than 90 days after the + date on which a permittee submits a request to the Secretary, the + Secretary shall-- + (A) accept tender of consideration from that permittee; and + (B) sell and quitclaim to that permittee all right, title, + and interest of the United States in and to the property for + which the permittee holds a permit. + (2) Period described.--The period referred to in paragraph (1) + is the period beginning on the date of enactment of this Act and + ending on the date of expiration of the applicable permit. (c) Terms and Conditions.--The Secretary may establish such terms and conditions on the sales of the properties under this section as the Secretary determines to be in the public interest. @@ -1732,26 +1643,23 @@ Secretary determines to be in the public interest. be for cash consideration equal to the market value of the property, as determined by the appraisal described in subsection (e). (e) Appraisal.-- - (1) In general.--The Secretary shall complete an appraisal - of each property, which shall-- - (A) include the value of any appurtenant easements; - and - (B) exclude the value of any private improvements - made by a permittee of the property before the date of - appraisal. - (2) Standards.--An appraisal under paragraph (1) shall be - conducted in accordance with-- - (A) the Uniform Appraisal Standards for Federal - Land Acquisitions, established in accordance with the - Uniform Relocation Assistance and Real Property - Acquisition Policies Act of 1970 (42 U.S.C. 4601 et - seq.); and - (B) the Uniform Standards of Professional Appraisal - Practice. + (1) In general.--The Secretary shall complete an appraisal of + each property, which shall-- + (A) include the value of any appurtenant easements; and + (B) exclude the value of any private improvements made by a + permittee of the property before the date of appraisal. + (2) Standards.--An appraisal under paragraph (1) shall be + conducted in accordance with-- + (A) the Uniform Appraisal Standards for Federal Land + Acquisitions, established in accordance with the Uniform + Relocation Assistance and Real Property Acquisition Policies + Act of 1970 (42 U.S.C. 4601 et seq.); and + (B) the Uniform Standards of Professional Appraisal + Practice. (f) Costs.--The Secretary shall pay-- - (1) the cost of a conveyance of a property under this - section; and - (2) the cost of an appraisal under subsection (e). + (1) the cost of a conveyance of a property under this section; + and + (2) the cost of an appraisal under subsection (e). (g) Proceeds From the Sale of Land.--Any payment received by the Secretary from the sale of property under this section shall be deposited in the fund established under Public Law 90-171 (commonly @@ -1759,89 +1667,76 @@ known as the ``Sisk Act'') (16 U.S.C. 484a) and shall be available to the Secretary until expended for the acquisition of inholdings in national forests in the State of Arizona. (h) Maps and Legal Descriptions.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall file maps and legal - descriptions of each property. - (2) Force of law.--The maps and legal descriptions filed - under paragraph (1) shall have the same force and effect as if - included in this section, except that the Secretary may correct - typographical errors in the maps and legal descriptions. - (3) Public availability.--The maps and legal descriptions - filed under paragraph (1) shall be on file and available for - public inspection in the office of the Supervisor of the - Coronado National Forest. - + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file maps and legal + descriptions of each property. + (2) Force of law.--The maps and legal descriptions filed under + paragraph (1) shall have the same force and effect as if included + in this section, except that the Secretary may correct + typographical errors in the maps and legal descriptions. + (3) Public availability.--The maps and legal descriptions filed + under paragraph (1) shall be on file and available for public + inspection in the office of the Supervisor of the Coronado National + Forest. SEC. 1108. DESCHUTES CANYON-STEELHEAD FALLS WILDERNESS STUDY AREA - BOUNDARY ADJUSTMENT, OREGON. - +BOUNDARY ADJUSTMENT, OREGON. (a) Boundary Adjustment.--The boundary of the Deschutes Canyon- Steelhead Falls Wilderness Study Area is modified to exclude approximately 688 acres of public land, as depicted on the map entitled ``Deschutes Canyon-Steelhead Falls Wilderness Study Area (WSA) Proposed Boundary Adjustment'' and dated September 26, 2018. (b) Effect of Exclusion.-- - (1) In general.--The public land excluded from the - Deschutes Canyon-Steelhead Falls Wilderness Study Area under - subsection (a)-- - (A) is no longer subject to section 603(c) of the - Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1782(c)); and - (B) shall be managed in accordance with-- - (i) this section; - (ii) the Federal Land Policy and Management - Act of 1976 (43 U.S.C. 1701 et seq.); and - (iii) any applicable resource management - plan. - (2) Management.--The Secretary shall manage the land - excluded from the Deschutes Canyon-Steelhead Falls Wilderness - Study Area under subsection (a) to improve fire resiliency and - forest health, including the conduct of wildfire prevention and - response activities, as appropriate. - (3) Off-road recreational motorized use.--The Secretary - shall not permit off-road recreational motorized use on the - public land excluded from the Deschutes Canyon-Steelhead Falls - Wilderness Study Area under subsection (a). - + (1) In general.--The public land excluded from the Deschutes + Canyon-Steelhead Falls Wilderness Study Area under subsection (a)-- + (A) is no longer subject to section 603(c) of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and + (B) shall be managed in accordance with-- + (i) this section; + (ii) the Federal Land Policy and Management Act of 1976 + (43 U.S.C. 1701 et seq.); and + (iii) any applicable resource management plan. + (2) Management.--The Secretary shall manage the land excluded + from the Deschutes Canyon-Steelhead Falls Wilderness Study Area + under subsection (a) to improve fire resiliency and forest health, + including the conduct of wildfire prevention and response + activities, as appropriate. + (3) Off-road recreational motorized use.--The Secretary shall + not permit off-road recreational motorized use on the public land + excluded from the Deschutes Canyon-Steelhead Falls Wilderness Study + Area under subsection (a). SEC. 1109. MAINTENANCE OF FEDERAL MINERAL LEASES BASED ON EXTRACTION OF - HELIUM. - +HELIUM. The first section of the Mineral Leasing Act (30 U.S.C. 181) is amended in the fifth paragraph by inserting after ``purchaser thereof'' the following: ``, and that extraction of helium from gas produced from such lands shall maintain the lease as if the extracted helium were oil and gas''. - SEC. 1110. SMALL MINER WAIVERS TO CLAIM MAINTENANCE FEES. - (a) Definitions.--In this section: - (1) Covered claimholder.--The term ``covered claimholder'' - means-- - (A) the claimholder of the claims in the State - numbered AA023149, AA023163, AA047913, AA047914, - AA047915, AA047916, AA047917, AA047918, and AA047919 - (as of December 29, 2004); - (B) the claimholder of the claim in the State - numbered FF-059315 (as of December 29, 2004); - (C) the claimholder of the claims in the State - numbered FF-58607, FF-58608, FF-58609, FF-58610, FF- - 58611, FF-58613, FF-58615, FF-58616, FF-58617, and FF- - 58618 (as of December 31, 2003); and - (D) the claimholder of the claims in the State - numbered FF-53988, FF-53989, and FF-53990 (as of - December 31, 1987). - (2) Defect.--The term ``defect'' includes a failure-- - (A) to timely file-- - (i) a small miner maintenance fee waiver - application; - (ii) an affidavit of annual labor - associated with a small miner maintenance fee - waiver application; or - (iii) an instrument required under section - 314(a) of the Federal Land Policy and - Management Act of 1976 (43 U.S.C. 1744(a)); and - (B) to pay the required application fee for a small - maintenance fee waiver application. - (3) State.--The term ``State'' means the State of Alaska. + (1) Covered claimholder.--The term ``covered claimholder'' + means-- + (A) the claimholder of the claims in the State numbered + AA023149, AA023163, AA047913, AA047914, AA047915, AA047916, + AA047917, AA047918, and AA047919 (as of December 29, 2004); + (B) the claimholder of the claim in the State numbered FF- + 059315 (as of December 29, 2004); + (C) the claimholder of the claims in the State numbered FF- + 58607, FF-58608, FF-58609, FF-58610, FF-58611, FF-58613, FF- + 58615, FF-58616, FF-58617, and FF-58618 (as of December 31, + 2003); and + (D) the claimholder of the claims in the State numbered FF- + 53988, FF-53989, and FF-53990 (as of December 31, 1987). + (2) Defect.--The term ``defect'' includes a failure-- + (A) to timely file-- + (i) a small miner maintenance fee waiver application; + (ii) an affidavit of annual labor associated with a + small miner maintenance fee waiver application; or + (iii) an instrument required under section 314(a) of + the Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1744(a)); and + (B) to pay the required application fee for a small + maintenance fee waiver application. + (3) State.--The term ``State'' means the State of Alaska. (b) Treatment of Covered Claimholders.--Notwithstanding section 10101(d) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)) and section 314(c) of the Federal Land Policy and Management @@ -1850,644 +1745,576 @@ the 60-day period beginning on the date on which the covered claimholder receives written notification from the Bureau of Land Management by registered mail of the opportunity, have the opportunity-- - (1)(A) to cure any defect in a small miner maintenance fee - waiver application (including the failure to timely file a - small miner maintenance fee waiver application) for any prior - period during which the defect existed; or - (B) to pay any claim maintenance fees due for any prior - period during which the defect existed; and - (2) to cure any defect in the filing of any instrument - required under section 314(a) of the Federal Land Policy and - Management Act of 1976 (43 U.S.C. 1744(a)) (including the - failure to timely file any required instrument) for any prior - period during which the defect existed. + (1)(A) to cure any defect in a small miner maintenance fee + waiver application (including the failure to timely file a small + miner maintenance fee waiver application) for any prior period + during which the defect existed; or + (B) to pay any claim maintenance fees due for any prior period + during which the defect existed; and + (2) to cure any defect in the filing of any instrument required + under section 314(a) of the Federal Land Policy and Management Act + of 1976 (43 U.S.C. 1744(a)) (including the failure to timely file + any required instrument) for any prior period during which the + defect existed. (c) Reinstatement of Claims Deemed Forfeited.--The Secretary shall reinstate any claim of a covered claimholder as of the date declared forfeited and void-- - (1) under section 10104 of the Omnibus Budget - Reconciliation Act of 1993 (30 U.S.C. 28i) for failure to pay - the claim maintenance fee or obtain a valid waiver under - section 10101 of the Omnibus Budget Reconciliation Act of 1993 - (30 U.S.C. 28f); or - (2) under section 314(c) of the Federal Land Policy and - Management Act of 1976 (43 U.S.C. 1744(c)) for failure to file - any instrument required under section 314(a) of that Act (43 - U.S.C. 1744(a)) for any prior period during which the defect - existed if the covered claimholder-- - (A) cures the defect; or - (B) pays the claim maintenance fee under subsection - (b)(1)(B). - + (1) under section 10104 of the Omnibus Budget Reconciliation + Act of 1993 (30 U.S.C. 28i) for failure to pay the claim + maintenance fee or obtain a valid waiver under section 10101 of the + Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f); or + (2) under section 314(c) of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1744(c)) for failure to file any + instrument required under section 314(a) of that Act (43 U.S.C. + 1744(a)) for any prior period during which the defect existed if + the covered claimholder-- + (A) cures the defect; or + (B) pays the claim maintenance fee under subsection + (b)(1)(B). SEC. 1111. SAINT FRANCIS DAM DISASTER NATIONAL MEMORIAL AND NATIONAL - MONUMENT. - +MONUMENT. (a) Definitions.--In this section: - (1) Memorial.--The term ``Memorial'' means the Saint - Francis Dam Disaster National Memorial authorized under - subsection (b)(1). - (2) Monument.--The term ``Monument'' means the Saint - Francis Dam Disaster National Monument established by - subsection (d)(1). - (3) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture. - (4) State.--The term ``State'' means the State of - California. + (1) Memorial.--The term ``Memorial'' means the Saint Francis + Dam Disaster National Memorial authorized under subsection (b)(1). + (2) Monument.--The term ``Monument'' means the Saint Francis + Dam Disaster National Monument established by subsection (d)(1). + (3) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture. + (4) State.--The term ``State'' means the State of California. (b) Saint Francis Dam Disaster National Memorial.-- - (1) Establishment.--The Secretary may establish a memorial - at the Saint Francis Dam site in the county of Los Angeles, - California, for the purpose of honoring the victims of the - Saint Francis Dam disaster of March 12, 1928. - (2) Requirements.--The Memorial shall be-- - (A) known as the ``Saint Francis Dam Disaster - National Memorial''; and - (B) managed by the Forest Service. - (3) Donations.--The Secretary may accept, hold, administer, - invest, and spend any gift, devise, or bequest of real or - personal property made to the Secretary for purposes of - developing, designing, constructing, and managing the Memorial. + (1) Establishment.--The Secretary may establish a memorial at + the Saint Francis Dam site in the county of Los Angeles, + California, for the purpose of honoring the victims of the Saint + Francis Dam disaster of March 12, 1928. + (2) Requirements.--The Memorial shall be-- + (A) known as the ``Saint Francis Dam Disaster National + Memorial''; and + (B) managed by the Forest Service. + (3) Donations.--The Secretary may accept, hold, administer, + invest, and spend any gift, devise, or bequest of real or personal + property made to the Secretary for purposes of developing, + designing, constructing, and managing the Memorial. (c) Recommendations for Memorial.-- - (1) In general.--Not later than 3 years after the date of - enactment of this Act, the Secretary shall submit to Congress - recommendations regarding-- - (A) the planning, design, construction, and long- - term management of the Memorial; - (B) the proposed boundaries of the Memorial; - (C) a visitor center and educational facilities at - the Memorial; and - (D) ensuring public access to the Memorial. - (2) Consultation.--In preparing the recommendations - required under paragraph (1), the Secretary shall consult - with-- - (A) appropriate Federal agencies; - (B) State, Tribal, and local governments, including - the Santa Clarita City Council; and - (C) the public. + (1) In general.--Not later than 3 years after the date of + enactment of this Act, the Secretary shall submit to Congress + recommendations regarding-- + (A) the planning, design, construction, and long-term + management of the Memorial; + (B) the proposed boundaries of the Memorial; + (C) a visitor center and educational facilities at the + Memorial; and + (D) ensuring public access to the Memorial. + (2) Consultation.--In preparing the recommendations required + under paragraph (1), the Secretary shall consult with-- + (A) appropriate Federal agencies; + (B) State, Tribal, and local governments, including the + Santa Clarita City Council; and + (C) the public. (d) Establishment of Saint Francis Dam Disaster National Monument.-- - (1) Establishment.--There is established as a national - monument in the State certain National Forest System land - administered by the Secretary in the county of Los Angeles, - California, comprising approximately 353 acres, as generally - depicted on the map entitled ``Proposed Saint Francis Dam - Disaster National Monument'' and dated September 12, 2018, to - be known as the ``Saint Francis Dam Disaster National - Monument''. - (2) Purpose.--The purpose of the Monument is to conserve - and enhance for the benefit and enjoyment of the public the - cultural, archaeological, historical, watershed, educational, - and recreational resources and values of the Monument. + (1) Establishment.--There is established as a national monument + in the State certain National Forest System land administered by + the Secretary in the county of Los Angeles, California, comprising + approximately 353 acres, as generally depicted on the map entitled + ``Proposed Saint Francis Dam Disaster National Monument'' and dated + September 12, 2018, to be known as the ``Saint Francis Dam Disaster + National Monument''. + (2) Purpose.--The purpose of the Monument is to conserve and + enhance for the benefit and enjoyment of the public the cultural, + archaeological, historical, watershed, educational, and + recreational resources and values of the Monument. (e) Duties of the Secretary With Respect to Monument.-- - (1) Management plan.-- - (A) In general.--Not later than 4 years after the - date of enactment of this Act, the Secretary shall - develop a management plan for the Monument. - (B) Consultation.--The management plan shall be - developed in consultation with-- - (i) appropriate Federal agencies; - (ii) State, Tribal, and local governments; - and - (iii) the public. - (C) Considerations.--In developing and implementing - the management plan, the Secretary shall, with respect - to methods of protecting and providing access to the - Monument, consider the recommendations of the Saint - Francis Disaster National Memorial Foundation, the - Santa Clarita Valley Historical Society, and the - Community Hiking Club of Santa Clarita. - (2) Management.--The Secretary shall manage the Monument-- - (A) in a manner that conserves and enhances the - cultural and historic resources of the Monument; and - (B) in accordance with-- - (i) the Forest and Rangeland Renewable - Resources Planning Act of 1974 (16 U.S.C. 1600 - et seq.); - (ii) the laws generally applicable to the - National Forest System; - (iii) this section; and - (iv) any other applicable laws. - (3) Uses.-- - (A) Use of motorized vehicles.--The use of - motorized vehicles within the Monument may be permitted - only-- - (i) on roads designated for use by - motorized vehicles in the management plan - required under paragraph (1); - (ii) for administrative purposes; or - (iii) for emergency responses. - (B) Grazing.--The Secretary shall permit grazing - within the Monument, where established before the date - of enactment of this Act-- - (i) subject to all applicable laws - (including regulations and Executive orders); - and - (ii) consistent with the purpose described - in subsection (d)(2). - (4) No buffer zones.-- - (A) In general.--Nothing in this section creates a - protective perimeter or buffer zone around the - Monument. - (B) Activities outside national monument.--The fact - that an activity or use on land outside the Monument - can be seen or heard within the Monument shall not - preclude the activity or use outside the boundary of - the Monument. + (1) Management plan.-- + (A) In general.--Not later than 4 years after the date of + enactment of this Act, the Secretary shall develop a management + plan for the Monument. + (B) Consultation.--The management plan shall be developed + in consultation with-- + (i) appropriate Federal agencies; + (ii) State, Tribal, and local governments; and + (iii) the public. + (C) Considerations.--In developing and implementing the + management plan, the Secretary shall, with respect to methods + of protecting and providing access to the Monument, consider + the recommendations of the Saint Francis Disaster National + Memorial Foundation, the Santa Clarita Valley Historical + Society, and the Community Hiking Club of Santa Clarita. + (2) Management.--The Secretary shall manage the Monument-- + (A) in a manner that conserves and enhances the cultural + and historic resources of the Monument; and + (B) in accordance with-- + (i) the Forest and Rangeland Renewable Resources + Planning Act of 1974 (16 U.S.C. 1600 et seq.); + (ii) the laws generally applicable to the National + Forest System; + (iii) this section; and + (iv) any other applicable laws. + (3) Uses.-- + (A) Use of motorized vehicles.--The use of motorized + vehicles within the Monument may be permitted only-- + (i) on roads designated for use by motorized vehicles + in the management plan required under paragraph (1); + (ii) for administrative purposes; or + (iii) for emergency responses. + (B) Grazing.--The Secretary shall permit grazing within the + Monument, where established before the date of enactment of + this Act-- + (i) subject to all applicable laws (including + regulations and Executive orders); and + (ii) consistent with the purpose described in + subsection (d)(2). + (4) No buffer zones.-- + (A) In general.--Nothing in this section creates a + protective perimeter or buffer zone around the Monument. + (B) Activities outside national monument.--The fact that an + activity or use on land outside the Monument can be seen or + heard within the Monument shall not preclude the activity or + use outside the boundary of the Monument. (f) Clarification on Funding.-- - (1) Use of existing funds.--This section shall be carried - out using amounts otherwise made available to the Secretary. - (2) No additional funds.--No additional funds are - authorized to be appropriated to carry out this section. + (1) Use of existing funds.--This section shall be carried out + using amounts otherwise made available to the Secretary. + (2) No additional funds.--No additional funds are authorized to + be appropriated to carry out this section. (g) Effect.--Nothing in this section affects the operation, maintenance, replacement, or modification of existing water resource, flood control, utility, pipeline, or telecommunications facilities that are located outside the boundary of the Monument, subject to the special use authorities of the Secretary of Agriculture and other applicable laws. - SEC. 1112. OWYHEE WILDERNESS AREAS BOUNDARY MODIFICATIONS. - (a) Boundary Modifications.-- - (1) North fork owyhee wilderness.--The boundary of the - North Fork Owyhee Wilderness established by section - 1503(a)(1)(D) of the Omnibus Public Land Management Act of 2009 - (Public Law 111-11; 123 Stat. 1033) is modified to exclude - certain land, as depicted on-- - (A) the Bureau of Land Management map entitled - ``North Fork Owyhee and Pole Creek Wilderness Aerial'' - and dated July 19, 2016; and - (B) the Bureau of Land Management map entitled - ``North Fork Owyhee River Wilderness Big Springs Camp - Zoom Aerial'' and dated July 19, 2016. - (2) Owyhee river wilderness.--The boundary of the Owyhee - River Wilderness established by section 1503(a)(1)(E) of the - Omnibus Public Land Management Act of 2009 (Public Law 111-11; - 123 Stat. 1033) is modified to exclude certain land, as - depicted on-- - (A) the Bureau of Land Management map entitled - ``North Fork Owyhee, Pole Creek, and Owyhee River - Wilderness Aerial'' and dated July 19, 2016; - (B) the Bureau of Land Management map entitled - ``Owyhee River Wilderness Kincaid Reservoir Zoom - Aerial'' and dated July 19, 2016; and - (C) the Bureau of Land Management map entitled - ``Owyhee River Wilderness Dickshooter Road Zoom - Aerial'' and dated July 19, 2016. - (3) Pole creek wilderness.--The boundary of the Pole Creek - Wilderness established by section 1503(a)(1)(F) of the Omnibus - Public Land Management Act of 2009 (Public Law 111-11; 123 - Stat. 1033) is modified to exclude certain land, as depicted - on-- - (A) the Bureau of Land Management map entitled - ``North Fork Owyhee, Pole Creek, and Owyhee River - Wilderness Aerial'' and dated July 19, 2016; and - (B) the Bureau of Land Management map entitled - ``Pole Creek Wilderness Pullout Zoom Aerial'' and dated - July 19, 2016. + (1) North fork owyhee wilderness.--The boundary of the North + Fork Owyhee Wilderness established by section 1503(a)(1)(D) of the + Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 + Stat. 1033) is modified to exclude certain land, as depicted on-- + (A) the Bureau of Land Management map entitled ``North Fork + Owyhee and Pole Creek Wilderness Aerial'' and dated July 19, + 2016; and + (B) the Bureau of Land Management map entitled ``North Fork + Owyhee River Wilderness Big Springs Camp Zoom Aerial'' and + dated July 19, 2016. + (2) Owyhee river wilderness.--The boundary of the Owyhee River + Wilderness established by section 1503(a)(1)(E) of the Omnibus + Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. + 1033) is modified to exclude certain land, as depicted on-- + (A) the Bureau of Land Management map entitled ``North Fork + Owyhee, Pole Creek, and Owyhee River Wilderness Aerial'' and + dated July 19, 2016; + (B) the Bureau of Land Management map entitled ``Owyhee + River Wilderness Kincaid Reservoir Zoom Aerial'' and dated July + 19, 2016; and + (C) the Bureau of Land Management map entitled ``Owyhee + River Wilderness Dickshooter Road Zoom Aerial'' and dated July + 19, 2016. + (3) Pole creek wilderness.--The boundary of the Pole Creek + Wilderness established by section 1503(a)(1)(F) of the Omnibus + Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. + 1033) is modified to exclude certain land, as depicted on-- + (A) the Bureau of Land Management map entitled ``North Fork + Owyhee, Pole Creek, and Owyhee River Wilderness Aerial'' and + dated July 19, 2016; and + (B) the Bureau of Land Management map entitled ``Pole Creek + Wilderness Pullout Zoom Aerial'' and dated July 19, 2016. (b) Maps.-- - (1) Effect.--The maps referred to in subsection (a) shall - have the same force and effect as if included in this Act, - except that the Secretary may correct minor errors in the maps. - (2) Availability.--The maps referred to in subsection (a) - shall be available in the appropriate offices of the Bureau of - Land Management. - + (1) Effect.--The maps referred to in subsection (a) shall have + the same force and effect as if included in this Act, except that + the Secretary may correct minor errors in the maps. + (2) Availability.--The maps referred to in subsection (a) shall + be available in the appropriate offices of the Bureau of Land + Management. SEC. 1113. CHUGACH REGION LAND STUDY. - (a) Definitions.--In this section: - (1) CAC.--The term ``CAC'' means the Chugach Alaska - Corporation. - (2) CAC land.--The term ``CAC land'' means land conveyed to - CAC pursuant to the Alaska Native Claims Settlement Act (43 - U.S.C. 1601 et seq.) under which-- - (A) both the surface estate and the subsurface - estate were conveyed to CAC; or - (B)(i) the subsurface estate was conveyed to CAC; - and - (ii) the surface estate or a conservation easement - in the surface estate was acquired by the State or by - the United States as part of the program. - (3) Program.--The term ``program'' means the Habitat - Protection and Acquisition Program of the Exxon Valdez Oil - Spill Trustee Council. - (4) Region.--The term ``Region'' means the Chugach Region, - Alaska. - (5) Study.--The term ``study'' means the study conducted - under subsection (b)(1). + (1) CAC.--The term ``CAC'' means the Chugach Alaska + Corporation. + (2) CAC land.--The term ``CAC land'' means land conveyed to CAC + pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 + et seq.) under which-- + (A) both the surface estate and the subsurface estate were + conveyed to CAC; or + (B)(i) the subsurface estate was conveyed to CAC; and + (ii) the surface estate or a conservation easement in the + surface estate was acquired by the State or by the United + States as part of the program. + (3) Program.--The term ``program'' means the Habitat Protection + and Acquisition Program of the Exxon Valdez Oil Spill Trustee + Council. + (4) Region.--The term ``Region'' means the Chugach Region, + Alaska. + (5) Study.--The term ``study'' means the study conducted under + subsection (b)(1). (b) Chugach Region Land Exchange Study.-- - (1) In general.--Not later than 1 year after the date of - enactment of this Act, the Secretary, in coordination with the - Secretary of Agriculture and in consultation with CAC, shall - conduct a study of land ownership and use patterns in the - Region. - (2) Study requirements.--The study shall-- - (A) assess the social and economic impacts of the - program, including impacts caused by split estate - ownership patterns created by Federal acquisitions - under the program, on-- - (i) the Region; and - (ii) CAC and CAC land; - (B) identify sufficient acres of accessible and - economically viable Federal land that can be offered in - exchange for CAC land identified by CAC as available - for exchange; and - (C) provide recommendations for land exchange - options with CAC that would-- - (i) consolidate ownership of the surface - and mineral estate of Federal land under the - program; and - (ii) convey to CAC Federal land identified - under subparagraph (B). + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the Secretary, in coordination with the + Secretary of Agriculture and in consultation with CAC, shall + conduct a study of land ownership and use patterns in the Region. + (2) Study requirements.--The study shall-- + (A) assess the social and economic impacts of the program, + including impacts caused by split estate ownership patterns + created by Federal acquisitions under the program, on-- + (i) the Region; and + (ii) CAC and CAC land; + (B) identify sufficient acres of accessible and + economically viable Federal land that can be offered in + exchange for CAC land identified by CAC as available for + exchange; and + (C) provide recommendations for land exchange options with + CAC that would-- + (i) consolidate ownership of the surface and mineral + estate of Federal land under the program; and + (ii) convey to CAC Federal land identified under + subparagraph (B). (c) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the study, including-- - (1) a recommendation on options for 1 or more land - exchanges; and - (2) detailed information on-- - (A) the acres of Federal land identified for - exchange; and - (B) any other recommendations provided by the - Secretary. - + (1) a recommendation on options for 1 or more land exchanges; + and + (2) detailed information on-- + (A) the acres of Federal land identified for exchange; and + (B) any other recommendations provided by the Secretary. SEC. 1114. WILDFIRE TECHNOLOGY MODERNIZATION. - (a) Purpose.--The purpose of this section is to promote the use of the best available technology to enhance the effective and cost- efficient response to wildfires-- - (1) to meet applicable protection objectives; and - (2) to increase the safety of-- - (A) firefighters; and - (B) the public. + (1) to meet applicable protection objectives; and + (2) to increase the safety of-- + (A) firefighters; and + (B) the public. (b) Definitions.--In this section: - (1) Secretaries.--The term ``Secretaries'' means-- - (A) the Secretary of Agriculture; and - (B) the Secretary. - (2) Secretary concerned.--The term ``Secretary concerned'' - means-- - (A) the Secretary of Agriculture, with respect to - activities under the Department of Agriculture; and - (B) the Secretary, with respect to activities under - the Department of the Interior. + (1) Secretaries.--The term ``Secretaries'' means-- + (A) the Secretary of Agriculture; and + (B) the Secretary. + (2) Secretary concerned.--The term ``Secretary concerned'' + means-- + (A) the Secretary of Agriculture, with respect to + activities under the Department of Agriculture; and + (B) the Secretary, with respect to activities under the + Department of the Interior. (c) Unmanned Aircraft Systems.-- - (1) Definitions.--In this subsection, the terms ``unmanned - aircraft'' and ``unmanned aircraft system'' have the meanings - given those terms in section 44801 of title 49, United States - Code. - (2) Establishment of program.--Not later than 180 days - after the date of enactment of this Act, the Secretary, in - consultation with the Secretary of Agriculture, shall establish - a research, development, and testing program, or expand an - applicable existing program, to assess unmanned aircraft system - technologies, including optionally piloted aircraft, across the - full range of wildland fire management operations in order to - accelerate the deployment and integration of those technologies - into the operations of the Secretaries. - (3) Expanding use of unmanned aircraft systems on - wildfires.--In carrying out the program established under - paragraph (2), the Secretaries, in coordination with the - Federal Aviation Administration, State wildland firefighting - agencies, and other relevant Federal agencies, shall enter into - an agreement under which the Secretaries shall develop - consistent protocols and plans for the use on wildland fires of - unmanned aircraft system technologies, including for the - development of real-time maps of the location of wildland - fires. + (1) Definitions.--In this subsection, the terms ``unmanned + aircraft'' and ``unmanned aircraft system'' have the meanings given + those terms in section 44801 of title 49, United States Code. + (2) Establishment of program.--Not later than 180 days after + the date of enactment of this Act, the Secretary, in consultation + with the Secretary of Agriculture, shall establish a research, + development, and testing program, or expand an applicable existing + program, to assess unmanned aircraft system technologies, including + optionally piloted aircraft, across the full range of wildland fire + management operations in order to accelerate the deployment and + integration of those technologies into the operations of the + Secretaries. + (3) Expanding use of unmanned aircraft systems on wildfires.-- + In carrying out the program established under paragraph (2), the + Secretaries, in coordination with the Federal Aviation + Administration, State wildland firefighting agencies, and other + relevant Federal agencies, shall enter into an agreement under + which the Secretaries shall develop consistent protocols and plans + for the use on wildland fires of unmanned aircraft system + technologies, including for the development of real-time maps of + the location of wildland fires. (d) Location Systems for Wildland Firefighters.-- - (1) In general.--Not later than 2 years after the date of - enactment of this Act, subject to the availability of - appropriations, the Secretaries, in coordination with State - wildland firefighting agencies, shall jointly develop and - operate a tracking system (referred to in this subsection as - the ``system'') to remotely locate the positions of fire - resources for use by wildland firefighters, including, at a - minimum, any fire resources assigned to Federal type 1 wildland - fire incident management teams. - (2) Requirements.--The system shall-- - (A) use the most practical and effective technology - available to the Secretaries to remotely track the - location of an active resource, such as a Global - Positioning System; - (B) depict the location of each fire resource on - the applicable maps developed under subsection (c)(3); - (C) operate continuously during the period for - which any firefighting personnel are assigned to the - applicable Federal wildland fire; and - (D) be subject to such terms and conditions as the - Secretary concerned determines necessary for the - effective implementation of the system. - (3) Operation.--The Secretary concerned shall-- - (A) before commencing operation of the system-- - (i) conduct not fewer than 2 pilot projects - relating to the operation, management, and - effectiveness of the system; and - (ii) review the results of those pilot - projects; - (B) conduct training, and maintain a culture, such - that an employee, officer, or contractor shall not rely - on the system for safety; and - (C) establish procedures for the collection, - storage, and transfer of data collected under this - subsection to ensure-- - (i) data security; and - (ii) the privacy of wildland fire - personnel. + (1) In general.--Not later than 2 years after the date of + enactment of this Act, subject to the availability of + appropriations, the Secretaries, in coordination with State + wildland firefighting agencies, shall jointly develop and operate a + tracking system (referred to in this subsection as the ``system'') + to remotely locate the positions of fire resources for use by + wildland firefighters, including, at a minimum, any fire resources + assigned to Federal type 1 wildland fire incident management teams. + (2) Requirements.--The system shall-- + (A) use the most practical and effective technology + available to the Secretaries to remotely track the location of + an active resource, such as a Global Positioning System; + (B) depict the location of each fire resource on the + applicable maps developed under subsection (c)(3); + (C) operate continuously during the period for which any + firefighting personnel are assigned to the applicable Federal + wildland fire; and + (D) be subject to such terms and conditions as the + Secretary concerned determines necessary for the effective + implementation of the system. + (3) Operation.--The Secretary concerned shall-- + (A) before commencing operation of the system-- + (i) conduct not fewer than 2 pilot projects relating to + the operation, management, and effectiveness of the system; + and + (ii) review the results of those pilot projects; + (B) conduct training, and maintain a culture, such that an + employee, officer, or contractor shall not rely on the system + for safety; and + (C) establish procedures for the collection, storage, and + transfer of data collected under this subsection to ensure-- + (i) data security; and + (ii) the privacy of wildland fire personnel. (e) Wildland Fire Decision Support.-- - (1) Protocol.--To the maximum extent practicable, the - Secretaries shall ensure that wildland fire management - activities conducted by the Secretaries, or conducted jointly - by the Secretaries and State wildland firefighting agencies, - achieve compliance with applicable incident management - objectives in a manner that-- - (A) minimizes firefighter exposure to the lowest - level necessary; and - (B) reduces overall costs of wildfire incidents. - (2) Wildfire decision support system.-- - (A) In general.--The Secretaries, in coordination - with State wildland firefighting agencies, shall - establish a system or expand an existing system to - track and monitor decisions made by the Secretaries or - State wildland firefighting agencies in managing - wildfires. - (B) Components.--The system established or expanded - under subparagraph (A) shall be able to alert the - Secretaries if-- - (i) unusual costs are incurred; - (ii) an action to be carried out would - likely-- - (I) endanger the safety of a - firefighter; or - (II) be ineffective in meeting an - applicable suppression or protection - goal; or - (iii) a decision regarding the management - of a wildfire deviates from-- - (I) an applicable protocol - established by the Secretaries, - including the requirement under - paragraph (1); or - (II) an applicable spatial fire - management plan or fire management plan - of the Secretary concerned. + (1) Protocol.--To the maximum extent practicable, the + Secretaries shall ensure that wildland fire management activities + conducted by the Secretaries, or conducted jointly by the + Secretaries and State wildland firefighting agencies, achieve + compliance with applicable incident management objectives in a + manner that-- + (A) minimizes firefighter exposure to the lowest level + necessary; and + (B) reduces overall costs of wildfire incidents. + (2) Wildfire decision support system.-- + (A) In general.--The Secretaries, in coordination with + State wildland firefighting agencies, shall establish a system + or expand an existing system to track and monitor decisions + made by the Secretaries or State wildland firefighting agencies + in managing wildfires. + (B) Components.--The system established or expanded under + subparagraph (A) shall be able to alert the Secretaries if-- + (i) unusual costs are incurred; + (ii) an action to be carried out would likely-- + + (I) endanger the safety of a firefighter; or + (II) be ineffective in meeting an applicable + suppression or protection goal; or + + (iii) a decision regarding the management of a wildfire + deviates from-- + + (I) an applicable protocol established by the + Secretaries, including the requirement under paragraph + (1); or + (II) an applicable spatial fire management plan or + fire management plan of the Secretary concerned. + (f) Smoke Projections From Active Wildland Fires.--The Secretaries shall establish a program, to be known as the ``Interagency Wildland Fire Air Quality Response Program'', under which the Secretary concerned-- - (1) to the maximum extent practicable, shall assign 1 or - more air resource advisors to a type 1 incident management team - managing a Federal wildland fire; and - (2) may assign 1 or more air resource advisors to a type 2 - incident management team managing a wildland fire. + (1) to the maximum extent practicable, shall assign 1 or more + air resource advisors to a type 1 incident management team managing + a Federal wildland fire; and + (2) may assign 1 or more air resource advisors to a type 2 + incident management team managing a wildland fire. (g) Firefighter Injuries Database.-- - (1) In general.--Section 9(a) of the Federal Fire - Prevention and Control Act of 1974 (15 U.S.C. 2208(a)) is - amended-- - (A) in paragraph (2), by inserting ``, categorized - by the type of fire'' after ``such injuries and - deaths''; and - (B) in paragraph (3), by striking ``activities;'' - and inserting the following: ``activities, including-- - ``(A) all injuries sustained by a firefighter and - treated by a doctor, categorized by the type of - firefighter; - ``(B) all deaths sustained while undergoing a pack - test or preparing for a work capacity; - ``(C) all injuries or deaths resulting from vehicle - accidents; and - ``(D) all injuries or deaths resulting from - aircraft crashes;''. - (2) Use of existing data gathering and analysis - organizations.--Section 9(b)(3) of the Federal Fire Prevention - and Control Act of 1974 (15 U.S.C. 2208(b)(3)) is amended by - inserting ``, including the Center for Firefighter Injury - Research and Safety Trends'' after ``public and private''. - (3) Medical privacy of firefighters.--Section 9 of the - Federal Fire Prevention and Control Act of 1974 (15 U.S.C. - 2208) is amended by adding at the end the following: + (1) In general.--Section 9(a) of the Federal Fire Prevention + and Control Act of 1974 (15 U.S.C. 2208(a)) is amended-- + (A) in paragraph (2), by inserting ``, categorized by the + type of fire'' after ``such injuries and deaths''; and + (B) in paragraph (3), by striking ``activities;'' and + inserting the following: ``activities, including-- + ``(A) all injuries sustained by a firefighter and treated + by a doctor, categorized by the type of firefighter; + ``(B) all deaths sustained while undergoing a pack test or + preparing for a work capacity; + ``(C) all injuries or deaths resulting from vehicle + accidents; and + ``(D) all injuries or deaths resulting from aircraft + crashes;''. + (2) Use of existing data gathering and analysis + organizations.--Section 9(b)(3) of the Federal Fire Prevention and + Control Act of 1974 (15 U.S.C. 2208(b)(3)) is amended by inserting + ``, including the Center for Firefighter Injury Research and Safety + Trends'' after ``public and private''. + (3) Medical privacy of firefighters.--Section 9 of the Federal + Fire Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended + by adding at the end the following: ``(e) Medical Privacy of Firefighters.--The collection, storage, and transfer of any medical data collected under this section shall be conducted in accordance with-- - ``(1) the privacy regulations promulgated under section - 264(c) of the Health Insurance Portability and Accountability - Act of 1996 (42 U.S.C. 1320d-2 note; Public Law 104-191); and - ``(2) other applicable regulations, including parts 160, - 162, and 164 of title 45, Code of Federal Regulations (as in - effect on the date of enactment of this subsection).''. + ``(1) the privacy regulations promulgated under section 264(c) + of the Health Insurance Portability and Accountability Act of 1996 + (42 U.S.C. 1320d-2 note; Public Law 104-191); and + ``(2) other applicable regulations, including parts 160, 162, + and 164 of title 45, Code of Federal Regulations (as in effect on + the date of enactment of this subsection).''. (h) Rapid Response Erosion Database.-- - (1) In general.--The Secretaries, in consultation with the - Administrator of the National Aeronautics and Space - Administration and the Secretary of Commerce, shall establish - and maintain a database, to be known as the ``Rapid Response - Erosion Database'' (referred to in this subsection as the - ``Database''). - (2) Open-source database.-- - (A) Availability.--The Secretaries shall make the - Database (including the original source code)-- - (i) web-based; and - (ii) available without charge. - (B) Components.--To the maximum extent practicable, - the Database shall provide for-- - (i) the automatic incorporation of spatial - data relating to vegetation, soils, and - elevation into an applicable map created by the - Secretary concerned that depicts the changes in - land-cover and soil properties caused by a - wildland fire; and - (ii) the generation of a composite map that - can be used by the Secretary concerned to model - the effectiveness of treatments in the burned - area to prevent flooding, erosion, and - landslides under a range of weather scenarios. - (3) Use.--The Secretary concerned shall use the Database, - as applicable, in developing recommendations for emergency - stabilization treatments or modifications to drainage - structures to protect values-at-risk following a wildland fire. - (4) Coordination.--The Secretaries may share the Database, - and any results generated in using the Database, with any State - or unit of local government. + (1) In general.--The Secretaries, in consultation with the + Administrator of the National Aeronautics and Space Administration + and the Secretary of Commerce, shall establish and maintain a + database, to be known as the ``Rapid Response Erosion Database'' + (referred to in this subsection as the ``Database''). + (2) Open-source database.-- + (A) Availability.--The Secretaries shall make the Database + (including the original source code)-- + (i) web-based; and + (ii) available without charge. + (B) Components.--To the maximum extent practicable, the + Database shall provide for-- + (i) the automatic incorporation of spatial data + relating to vegetation, soils, and elevation into an + applicable map created by the Secretary concerned that + depicts the changes in land-cover and soil properties + caused by a wildland fire; and + (ii) the generation of a composite map that can be used + by the Secretary concerned to model the effectiveness of + treatments in the burned area to prevent flooding, erosion, + and landslides under a range of weather scenarios. + (3) Use.--The Secretary concerned shall use the Database, as + applicable, in developing recommendations for emergency + stabilization treatments or modifications to drainage structures to + protect values-at-risk following a wildland fire. + (4) Coordination.--The Secretaries may share the Database, and + any results generated in using the Database, with any State or unit + of local government. (i) Predicting Where Wildfires Will Start.-- - (1) In general.--The Secretaries, in consultation with the - Administrator of the National Aeronautics and Space - Administration, the Secretary of Energy, and the Secretary of - Commerce, through the capabilities and assets located at the - National Laboratories, shall establish and maintain a system to - predict the locations of future wildfires for fire-prone areas - of the United States. - (2) Cooperation; components.--The system established under - paragraph (1) shall be based on, and seek to enhance, similar - systems in existence on the date of enactment of this Act, - including the Fire Danger Assessment System. - (3) Use in forecasts.--Not later than 1 year after the date - of enactment of this Act, the Secretaries shall use the system - established under paragraph (1), to the maximum extent - practicable, for purposes of developing any wildland fire - potential forecasts. - (4) Coordination.--The Secretaries may share the system - established under paragraph (1), and any results generated in - using the system, with any State or unit of local government. + (1) In general.--The Secretaries, in consultation with the + Administrator of the National Aeronautics and Space Administration, + the Secretary of Energy, and the Secretary of Commerce, through the + capabilities and assets located at the National Laboratories, shall + establish and maintain a system to predict the locations of future + wildfires for fire-prone areas of the United States. + (2) Cooperation; components.--The system established under + paragraph (1) shall be based on, and seek to enhance, similar + systems in existence on the date of enactment of this Act, + including the Fire Danger Assessment System. + (3) Use in forecasts.--Not later than 1 year after the date of + enactment of this Act, the Secretaries shall use the system + established under paragraph (1), to the maximum extent practicable, + for purposes of developing any wildland fire potential forecasts. + (4) Coordination.--The Secretaries may share the system + established under paragraph (1), and any results generated in using + the system, with any State or unit of local government. (j) Termination of Authority.--The authority provided by this section terminates on the date that is 10 years after the date of enactment of this Act. (k) Savings Clause.--Nothing in this section-- - (1) requires the Secretary concerned to establish a new - program, system, or database to replace an existing program, - system, or database that meets the objectives of this section; - or - (2) precludes the Secretary concerned from using existing - or future technology that-- - (A) is more efficient, safer, or better meets the - needs of firefighters, other personnel, or the public; - and - (B) meets the objectives of this section. - + (1) requires the Secretary concerned to establish a new + program, system, or database to replace an existing program, + system, or database that meets the objectives of this section; or + (2) precludes the Secretary concerned from using existing or + future technology that-- + (A) is more efficient, safer, or better meets the needs of + firefighters, other personnel, or the public; and + (B) meets the objectives of this section. SEC. 1115. MCCOY FLATS TRAIL SYSTEM. - (a) Definitions.--In this section: - (1) County.--The term ``County'' means Uintah County, Utah. - (2) Decision record.--The term ``Decision Record'' means - the Decision Record prepared by the Bureau of Land Management - for the Environmental Assessment for the McCoy Flats Trail - System numbered DOI-BLM-G010-2012-0057 and dated October 2012. - (3) State.--The term ``State'' means the State of Utah. - (4) Trail system.--The term ``Trail System'' means the - McCoy Flats Trail System established by subsection (b)(1). + (1) County.--The term ``County'' means Uintah County, Utah. + (2) Decision record.--The term ``Decision Record'' means the + Decision Record prepared by the Bureau of Land Management for the + Environmental Assessment for the McCoy Flats Trail System numbered + DOI-BLM-G010-2012-0057 and dated October 2012. + (3) State.--The term ``State'' means the State of Utah. + (4) Trail system.--The term ``Trail System'' means the McCoy + Flats Trail System established by subsection (b)(1). (b) Establishment.-- - (1) In general.--Subject to valid existing rights, there is - established the McCoy Flats Trail System in the State. - (2) Area included.--The Trail System shall include public - land administered by the Bureau of Land Management in the - County, as described in the Decision Record. + (1) In general.--Subject to valid existing rights, there is + established the McCoy Flats Trail System in the State. + (2) Area included.--The Trail System shall include public land + administered by the Bureau of Land Management in the County, as + described in the Decision Record. (c) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall prepare a map and - legal description of the Trail System. - (2) Availability; transmittal to congress.--The map and - legal description prepared under paragraph (1) shall be-- - (A) available in appropriate offices of the Bureau - of Land Management; and - (B) transmitted by the Secretary to-- - (i) the Committee on Natural Resources of - the House of Representatives; and - (ii) the Committee on Energy and Natural - Resources of the Senate. - (3) Force and effect.--The map and legal description - prepared under paragraph (1) shall have the same force and - effect as if included in this section, except that the - Secretary may correct any clerical or typographical errors in - the map and legal description. + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall prepare a map and legal + description of the Trail System. + (2) Availability; transmittal to congress.--The map and legal + description prepared under paragraph (1) shall be-- + (A) available in appropriate offices of the Bureau of Land + Management; and + (B) transmitted by the Secretary to-- + (i) the Committee on Natural Resources of the House of + Representatives; and + (ii) the Committee on Energy and Natural Resources of + the Senate. + (3) Force and effect.--The map and legal description prepared + under paragraph (1) shall have the same force and effect as if + included in this section, except that the Secretary may correct any + clerical or typographical errors in the map and legal description. (d) Administration.--The Secretary shall administer the Trail System in accordance with-- - (1) the Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1701 et seq.); - (2) this section; and - (3) other applicable law. + (1) the Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1701 et seq.); + (2) this section; and + (3) other applicable law. (e) Management Plan.-- - (1) In general.--Not later than 2 years after the date of - enactment of this Act, the Secretary, in consultation and - coordination with the County and affected Indian Tribes, shall - prepare a management plan for the Trail System. - (2) Public comment.--The management plan shall be developed - with opportunities for public comment. - (3) Interim management.--Until the completion of the - management plan, the Trail System shall be administered in - accordance with the Decision Record. - (4) Recreational opportunities.--In developing the - management plan, the Secretary shall seek to provide for new - mountain bike route and trail construction to increase - recreational opportunities within the Trail System, consistent - with this section. + (1) In general.--Not later than 2 years after the date of + enactment of this Act, the Secretary, in consultation and + coordination with the County and affected Indian Tribes, shall + prepare a management plan for the Trail System. + (2) Public comment.--The management plan shall be developed + with opportunities for public comment. + (3) Interim management.--Until the completion of the management + plan, the Trail System shall be administered in accordance with the + Decision Record. + (4) Recreational opportunities.--In developing the management + plan, the Secretary shall seek to provide for new mountain bike + route and trail construction to increase recreational opportunities + within the Trail System, consistent with this section. (f) Uses.--The Trail System shall be used for nonmotorized mountain bike recreation, as described in the Decision Record. (g) Acquisition.-- - (1) In general.--On the request of the State, the Secretary - shall seek to acquire State land, or interests in State land, - located within the Trail System by purchase from a willing - seller or exchange. - (2) Administration of acquired land.--Any land acquired - under this subsection shall be administered as part of the - Trail System. + (1) In general.--On the request of the State, the Secretary + shall seek to acquire State land, or interests in State land, + located within the Trail System by purchase from a willing seller + or exchange. + (2) Administration of acquired land.--Any land acquired under + this subsection shall be administered as part of the Trail System. (h) Fees.--No fees shall be charged for access to, or use of, the Trail System and associated parking areas. - SEC. 1116. TECHNICAL CORRECTIONS TO CERTAIN LAWS RELATING TO FEDERAL - LAND IN THE STATE OF NEVADA. - +LAND IN THE STATE OF NEVADA. (a) Amendment to Conveyance of Federal Land in Storey County, Nevada.--Section 3009(d) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3751) is amended-- - (1) in paragraph (1)-- - (A) by striking subparagraphs (B) through (D) and - redesignating subparagraph (E) as subparagraph (D); and - (B) by inserting after subparagraph (A) the - following: - ``(B) Federal land.--The term `Federal land' means - the land generally depicted as `Federal land' on the - map. - ``(C) Map.--The term `map' means the map entitled - `Storey County Land Conveyance' and dated June 6, - 2018.''. - (2) in paragraph (3)-- - (A) in subparagraph (A)(i), by striking ``after - completing the mining claim validity review under - paragraph (2)(B), if requested by the County,''; and - (B) in subparagraph (B)-- - (i) in clause (i)-- - (I) in the matter preceding - subclause (I), by striking ``each - parcel of land located in a mining - townsite'' and inserting ``any Federal - land''; - (II) in subclause (I), by striking - ``mining townsite'' and inserting - ``Federal land''; and - (III) in subclause (II), by - striking ``mining townsite (including - improvements to the mining townsite), - as identified for conveyance on the - map'' and inserting ``Federal land - (including improvements)''; - (ii) by striking clause (ii); - (iii) by striking the subparagraph - designation and heading and all that follows - through ``With respect'' in the matter - preceding subclause (I) of clause (i) and - inserting the following: - ``(B) Valid mining claims.--With respect''; and - (iv) by redesignating subclauses (I) and - (II) as clauses (i) and (ii), respectively, and - indenting appropriately; - (3) in paragraph (4)(A), by striking ``a mining townsite - conveyed under paragraph (3)(B)(i)(II)'' and inserting - ``Federal land conveyed under paragraph (2)(B)(ii)''; - (4) in paragraph (5), by striking ``a mining townsite under - paragraph (3)'' and inserting ``Federal land under paragraph - (2)''; - (5) in paragraph (6), in the matter preceding subparagraph - (A), by striking ``mining townsite'' and inserting ``Federal - land''; - (6) in paragraph (7), by striking ``A mining townsite to be - conveyed by the United States under paragraph (3)'' and - inserting ``The exterior boundary of the Federal land to be - conveyed by the United States under paragraph (2)''; - (7) in paragraph (9)-- - (A) by striking ``a mining townsite under paragraph - (3)'' and inserting ``the Federal land under paragraph - (2)''; and - (B) by striking ``the mining townsite'' and - inserting ``the Federal land''; - (8) in paragraph (10), by striking ``the examination'' and - all that follows through the period at the end and inserting - ``the conveyance under paragraph (2) should be completed by not - later than 18 months after the date of enactment of the Natural - Resources Management Act.''; - (9) by striking paragraphs (2) and (8); - (10) by redesignating paragraphs (3) through (7) and (9) - and (10) as paragraphs (2) through (6) and (7) and (8) - respectively; and - (11) by adding at the end the following: - ``(9) Availability of map.--The map shall be on file and - available for public inspection in the appropriate offices of - the Bureau of Land Management.''. + (1) in paragraph (1)-- + (A) by striking subparagraphs (B) through (D) and + redesignating subparagraph (E) as subparagraph (D); and + (B) by inserting after subparagraph (A) the following: + ``(B) Federal land.--The term `Federal land' means the land + generally depicted as `Federal land' on the map. + ``(C) Map.--The term `map' means the map entitled `Storey + County Land Conveyance' and dated June 6, 2018.''. + (2) in paragraph (3)-- + (A) in subparagraph (A)(i), by striking ``after completing + the mining claim validity review under paragraph (2)(B), if + requested by the County,''; and + (B) in subparagraph (B)-- + (i) in clause (i)-- + + (I) in the matter preceding subclause (I), by + striking ``each parcel of land located in a mining + townsite'' and inserting ``any Federal land''; + (II) in subclause (I), by striking ``mining + townsite'' and inserting ``Federal land''; and + (III) in subclause (II), by striking ``mining + townsite (including improvements to the mining + townsite), as identified for conveyance on the map'' + and inserting ``Federal land (including + improvements)''; + + (ii) by striking clause (ii); + (iii) by striking the subparagraph designation and + heading and all that follows through ``With respect'' in + the matter preceding subclause (I) of clause (i) and + inserting the following: + ``(B) Valid mining claims.--With respect''; and + (iv) by redesignating subclauses (I) and (II) as + clauses (i) and (ii), respectively, and indenting + appropriately; + (3) in paragraph (4)(A), by striking ``a mining townsite + conveyed under paragraph (3)(B)(i)(II)'' and inserting ``Federal + land conveyed under paragraph (2)(B)(ii)''; + (4) in paragraph (5), by striking ``a mining townsite under + paragraph (3)'' and inserting ``Federal land under paragraph (2)''; + (5) in paragraph (6), in the matter preceding subparagraph (A), + by striking ``mining townsite'' and inserting ``Federal land''; + (6) in paragraph (7), by striking ``A mining townsite to be + conveyed by the United States under paragraph (3)'' and inserting + ``The exterior boundary of the Federal land to be conveyed by the + United States under paragraph (2)''; + (7) in paragraph (9)-- + (A) by striking ``a mining townsite under paragraph (3)'' + and inserting ``the Federal land under paragraph (2)''; and + (B) by striking ``the mining townsite'' and inserting ``the + Federal land''; + (8) in paragraph (10), by striking ``the examination'' and all + that follows through the period at the end and inserting ``the + conveyance under paragraph (2) should be completed by not later + than 18 months after the date of enactment of the John D. Dingell, + Jr. Conservation, Management, and Recreation Act.''; + (9) by striking paragraphs (2) and (8); + (10) by redesignating paragraphs (3) through (7) and (9) and + (10) as paragraphs (2) through (6) and (7) and (8) respectively; + and + (11) by adding at the end the following: + ``(9) Availability of map.--The map shall be on file and + available for public inspection in the appropriate offices of the + Bureau of Land Management.''. (b) Modification of Utility Corridor.--The Secretary shall realign the utility corridor established by section 301(a) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public @@ -2496,246 +2323,230 @@ map entitled ``Proposed LCCRDA Utility Corridor Realignment'' and dated March 14, 2017, by modifying the map entitled ``Lincoln County Conservation, Recreation, and Development Act'' (referred to in this subsection as the ``Map'') and dated October 1, 2004, by-- - (1) removing the utility corridor from sections 5, 6, 7, 8, - 9, 10, 11, 14, and 15, T. 7 N., R. 68 E., of the Map; and - (2) redesignating the utility corridor so as to appear on - the Map in-- - (A) sections 31, 32, and 33, T. 8 N., R. 68 E.; - (B) sections 4, 5, 6, and 7, T. 7 N., R. 68 E.; and - (C) sections 1 and 12, T. 7 N., 67 E. + (1) removing the utility corridor from sections 5, 6, 7, 8, 9, + 10, 11, 14, and 15, T. 7 N., R. 68 E., of the Map; and + (2) redesignating the utility corridor so as to appear on the + Map in-- + (A) sections 31, 32, and 33, T. 8 N., R. 68 E.; + (B) sections 4, 5, 6, and 7, T. 7 N., R. 68 E.; and + (C) sections 1 and 12, T. 7 N., 67 E. (c) Final Corrective Patent in Clark County, Nevada.-- - (1) Validation of patent.--Patent number 27-2005-0081, - issued by the Bureau of Land Management on February 18, 2005, - is affirmed and validated as having been issued pursuant to, - and in compliance with, the Nevada-Florida Land Exchange - Authorization Act of 1988 (Public Law 100-275; 102 Stat. 52), - the National Environmental Policy Act of 1969 (42 U.S.C. 4321 - et seq.), and the Federal Land Policy and Management Act of - 1976 (43 U.S.C. 1701 et seq.) for the benefit of the desert - tortoise, other species, and the habitat of the desert tortoise - and other species to increase the likelihood of the recovery of - the desert tortoise and other species. - (2) Ratification of reconfiguration.--The process used by - the United States Fish and Wildlife Service and the Bureau of - Land Management in reconfiguring the land described in - paragraph (1), as depicted on Exhibit 1-4 of the Final - Environmental Impact Statement for the Planned Development - Project MSHCP, Lincoln County, NV (FWS-R8-ES-2008-N0136), and - the reconfiguration provided for in special condition 10 of the - Corps of Engineers Permit No. 000005042, are ratified. + (1) Validation of patent.--Patent number 27-2005-0081, issued + by the Bureau of Land Management on February 18, 2005, is affirmed + and validated as having been issued pursuant to, and in compliance + with, the Nevada-Florida Land Exchange Authorization Act of 1988 + (Public Law 100-275; 102 Stat. 52), the National Environmental + Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for the + benefit of the desert tortoise, other species, and the habitat of + the desert tortoise and other species to increase the likelihood of + the recovery of the desert tortoise and other species. + (2) Ratification of reconfiguration.--The process used by the + United States Fish and Wildlife Service and the Bureau of Land + Management in reconfiguring the land described in paragraph (1), as + depicted on Exhibit 1-4 of the Final Environmental Impact Statement + for the Planned Development Project MSHCP, Lincoln County, NV (FWS- + R8-ES-2008-N0136), and the reconfiguration provided for in special + condition 10 of the Corps of Engineers Permit No. 000005042, are + ratified. (d) Issuance of Corrective Patent in Lincoln County, Nevada.-- - (1) In general.--The Secretary, acting through the Director - of the Bureau of Land Management, may issue a corrective patent - for the 7,548 acres of land in Lincoln County, Nevada, depicted - on the map prepared by the Bureau of Land Management entitled - ``Proposed Lincoln County Land Reconfiguration'' and dated - January 28, 2016. - (2) Applicable law.--A corrective patent issued under - paragraph (1) shall be treated as issued pursuant to, and in - compliance with, the Nevada-Florida Land Exchange Authorization - Act of 1988 (Public Law 100-275; 102 Stat. 52). + (1) In general.--The Secretary, acting through the Director of + the Bureau of Land Management, may issue a corrective patent for + the 7,548 acres of land in Lincoln County, Nevada, depicted on the + map prepared by the Bureau of Land Management entitled ``Proposed + Lincoln County Land Reconfiguration'' and dated January 28, 2016. + (2) Applicable law.--A corrective patent issued under paragraph + (1) shall be treated as issued pursuant to, and in compliance with, + the Nevada-Florida Land Exchange Authorization Act of 1988 (Public + Law 100-275; 102 Stat. 52). (e) Conveyance to Lincoln County, Nevada, to Support a Landfill.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, and subject to valid existing rights, at - the request of Lincoln County, Nevada, the Secretary shall - convey without consideration under the Act of June 14, 1926 - (commonly known as the ``Recreation and Public Purposes Act'') - (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), to Lincoln - County all right, title and interest of the United States in - and to approximately 400 acres of land in Lincoln County, - Nevada, more particularly described as follows: T. 11 S., R. - 62, E., Section 25 E \1/2\ of W \1/2\; and W \1/2\ of E \1/2\; - and E \1/2\ of SE \1/4\. - (2) Reservation.--The Secretary shall reserve to the United - States the mineral estate in any land conveyed under paragraph - (1). - (3) Use of conveyed land.--The land conveyed under - paragraph (1) shall be used by Lincoln County, Nevada, to - provide a suitable location for the establishment of a - centralized landfill and to provide a designated area and - authorized facilities to discourage unauthorized dumping and - trash disposal on environmentally-sensitive public land. - Lincoln County may not dispose of the land conveyed under - paragraph (1). - (4) Reversion.--If Lincoln County, Nevada, ceases to use - any parcel of land conveyed under paragraph (1) for the - purposes described in paragraph (3)-- - (A) title to the parcel shall revert to the - Secretary, at the option of the Secretary; and - (B) Lincoln County shall be responsible for any - reclamation necessary to restore the parcel to a - condition acceptable to the Secretary. + (1) In general.--As soon as practicable after the date of + enactment of this Act, and subject to valid existing rights, at the + request of Lincoln County, Nevada, the Secretary shall convey + without consideration under the Act of June 14, 1926 (commonly + known as the ``Recreation and Public Purposes Act'') (44 Stat. 741, + chapter 578; 43 U.S.C. 869 et seq.), to Lincoln County all right, + title and interest of the United States in and to approximately 400 + acres of land in Lincoln County, Nevada, more particularly + described as follows: T. 11 S., R. 62, E., Section 25 E \1/2\ of W + \1/2\; and W \1/2\ of E \1/2\; and E \1/2\ of SE \1/4\. + (2) Reservation.--The Secretary shall reserve to the United + States the mineral estate in any land conveyed under paragraph (1). + (3) Use of conveyed land.--The land conveyed under paragraph + (1) shall be used by Lincoln County, Nevada, to provide a suitable + location for the establishment of a centralized landfill and to + provide a designated area and authorized facilities to discourage + unauthorized dumping and trash disposal on environmentally- + sensitive public land. Lincoln County may not dispose of the land + conveyed under paragraph (1). + (4) Reversion.--If Lincoln County, Nevada, ceases to use any + parcel of land conveyed under paragraph (1) for the purposes + described in paragraph (3)-- + (A) title to the parcel shall revert to the Secretary, at + the option of the Secretary; and + (B) Lincoln County shall be responsible for any reclamation + necessary to restore the parcel to a condition acceptable to + the Secretary. (f) Mt. Moriah Wilderness, High Schells Wilderness, and Arc Dome Wilderness Boundary Adjustments.-- - (1) Amendments to the pam white wilderness act of 2006.-- - Section 323 of the Pam White Wilderness Act of 2006 (16 U.S.C. - 1132 note; 120 Stat. 3031) is amended by striking subsection - (e) and inserting the following: + (1) Amendments to the pam white wilderness act of 2006.-- + Section 323 of the Pam White Wilderness Act of 2006 (16 U.S.C. 1132 + note; 120 Stat. 3031) is amended by striking subsection (e) and + inserting the following: ``(e) Mt. Moriah Wilderness Adjustment.--The boundary of the Mt. Moriah Wilderness established under section 2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note) is adjusted to include-- - ``(1) the land identified as the `Mount Moriah Wilderness - Area' and `Mount Moriah Additions' on the map entitled `Eastern - White Pine County' and dated November 29, 2006; and - ``(2) the land identified as `NFS Lands' on the map - entitled `Proposed Wilderness Boundary Adjustment Mt. Moriah - Wilderness Area' and dated January 19, 2017. + ``(1) the land identified as the `Mount Moriah Wilderness Area' + and `Mount Moriah Additions' on the map entitled `Eastern White + Pine County' and dated November 29, 2006; and + ``(2) the land identified as `NFS Lands' on the map entitled + `Proposed Wilderness Boundary Adjustment Mt. Moriah Wilderness + Area' and dated January 19, 2017. ``(f) High Schells Wilderness Adjustment.--The boundary of the High Schells Wilderness established under subsection (a)(11) is adjusted-- - ``(1) to include the land identified as `Include as - Wilderness' on the map entitled `McCoy Creek Adjustment' and - dated November 3, 2014; and - ``(2) to exclude the land identified as `NFS Lands' on the - map entitled `Proposed Wilderness Boundary Adjustment High - Schells Wilderness Area' and dated January 19, 2017.''. - (2) Amendments to the nevada wilderness protection act of - 1989.--The Nevada Wilderness Protection Act of 1989 (Public Law - 101-195; 16 U.S.C. 1132 note) is amended by adding at the end - the following: - -``SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. - + ``(1) to include the land identified as `Include as Wilderness' + on the map entitled `McCoy Creek Adjustment' and dated November 3, + 2014; and + ``(2) to exclude the land identified as `NFS Lands' on the map + entitled `Proposed Wilderness Boundary Adjustment High Schells + Wilderness Area' and dated January 19, 2017.''. + (2) Amendments to the nevada wilderness protection act of + 1989.--The Nevada Wilderness Protection Act of 1989 (Public Law + 101-195; 16 U.S.C. 1132 note) is amended by adding at the end the + following: + ``SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. ``The boundary of the Arc Dome Wilderness established under section 2(2) is adjusted to exclude the land identified as `Exclude from Wilderness' on the map entitled `Arc Dome Adjustment' and dated November 3, 2014.''. - SEC. 1117. ASHLEY KARST NATIONAL RECREATION AND GEOLOGIC AREA. - (a) Definitions.--In this section: - (1) Management plan.--The term ``Management Plan'' means - the management plan for the Recreation Area prepared under - subsection (e)(2)(A). - (2) Map.--The term ``Map'' means the map entitled - ``Northern Utah Lands Management Act-Overview'' and dated - February 4, 2019. - (3) Recreation area.--The term ``Recreation Area'' means - the Ashley Karst National Recreation and Geologic Area - established by subsection (b)(1). - (4) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture. - (5) State.--The term ``State'' means the State of Utah. + (1) Management plan.--The term ``Management Plan'' means the + management plan for the Recreation Area prepared under subsection + (e)(2)(A). + (2) Map.--The term ``Map'' means the map entitled ``Northern + Utah Lands Management Act-Overview'' and dated February 4, 2019. + (3) Recreation area.--The term ``Recreation Area'' means the + Ashley Karst National Recreation and Geologic Area established by + subsection (b)(1). + (4) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture. + (5) State.--The term ``State'' means the State of Utah. (b) Establishment.-- - (1) In general.--Subject to valid existing rights, there is - established the Ashley Karst National Recreation and Geologic - Area in the State. - (2) Area included.--The Recreation Area shall consist of - approximately 173,475 acres of land in the Ashley National - Forest, as generally depicted on the Map. + (1) In general.--Subject to valid existing rights, there is + established the Ashley Karst National Recreation and Geologic Area + in the State. + (2) Area included.--The Recreation Area shall consist of + approximately 173,475 acres of land in the Ashley National Forest, + as generally depicted on the Map. (c) Purposes.--The purposes of the Recreation Area are to conserve and protect the watershed, geological, recreational, wildlife, scenic, natural, cultural, and historic resources of the Recreation Area. (d) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall prepare and submit - to the Committee on Natural Resources and the Committee on - Agriculture of the House of Representatives and the Committee - on Energy and Natural Resources of the Senate a map and legal - description of the Recreation Area. - (2) Effect.--The map and legal description prepared under - paragraph (1) shall have the same force and effect as if - included in this section, except that the Secretary may correct - minor errors in the map or legal description. - (3) Availability.--A copy of the map and legal description - prepared under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the Forest - Service. + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall prepare and submit to + the Committee on Natural Resources and the Committee on Agriculture + of the House of Representatives and the Committee on Energy and + Natural Resources of the Senate a map and legal description of the + Recreation Area. + (2) Effect.--The map and legal description prepared under + paragraph (1) shall have the same force and effect as if included + in this section, except that the Secretary may correct minor errors + in the map or legal description. + (3) Availability.--A copy of the map and legal description + prepared under paragraph (1) shall be on file and available for + public inspection in the appropriate offices of the Forest Service. (e) Administration.-- - (1) In general.--The Secretary shall administer the - Recreation Area in accordance with-- - (A) the laws generally applicable to the National - Forest System, including the Forest and Rangeland - Renewable Resources Planning Act of 1974 (16 U.S.C. - 1600 et seq.); - (B) this section; and - (C) any other applicable law. - (2) Management plan.-- - (A) In general.--Not later than 2 years after the - date of enactment of this Act, the Secretary shall - prepare a management plan for the Recreation Area. - (B) Consultation.--The Secretary shall-- - (i) prepare the management plan in - consultation and coordination with Uintah - County, Utah, and affected Indian Tribes; and - (ii) provide for public input in the - preparation of the management plan. + (1) In general.--The Secretary shall administer the Recreation + Area in accordance with-- + (A) the laws generally applicable to the National Forest + System, including the Forest and Rangeland Renewable Resources + Planning Act of 1974 (16 U.S.C. 1600 et seq.); + (B) this section; and + (C) any other applicable law. + (2) Management plan.-- + (A) In general.--Not later than 2 years after the date of + enactment of this Act, the Secretary shall prepare a management + plan for the Recreation Area. + (B) Consultation.--The Secretary shall-- + (i) prepare the management plan in consultation and + coordination with Uintah County, Utah, and affected Indian + Tribes; and + (ii) provide for public input in the preparation of the + management plan. (f) Uses.--The Secretary shall only allow such uses of the Recreation Area that would-- - (1) further the purposes for which the Recreation Area is - established; and - (2) promote the long-term protection and management of the - watershed and underground karst system of the Recreation Area. + (1) further the purposes for which the Recreation Area is + established; and + (2) promote the long-term protection and management of the + watershed and underground karst system of the Recreation Area. (g) Motorized Vehicles.-- - (1) In general.--Except as needed for emergency response or - administrative purposes, the use of motorized vehicles in the - Recreation Area shall be permitted only on roads and motorized - routes designated in the Management Plan for the use of - motorized vehicles. - (2) New roads.--No new permanent or temporary roads or - other motorized vehicle routes shall be constructed within the - Recreation Area after the date of enactment of this Act. - (3) Existing roads.-- - (A) In general.--Necessary maintenance or repairs - to existing roads designated in the Management Plan for - the use of motorized vehicles, including necessary - repairs to keep existing roads free of debris or other - safety hazards, shall be permitted after the date of - enactment of this Act, consistent with the requirements - of this section. - (B) Rerouting.--Nothing in this subsection prevents - the Secretary from rerouting an existing road or trail - to protect Recreation Area resources from degradation, - or to protect public safety, as determined to be - appropriate by the Secretary. - (4) Over snow vehicles.-- - (A) In general.--Nothing in this section prohibits - the use of snowmobiles and other over snow vehicles - within the Recreation Area. - (B) Winter recreation use plan.--Not later than 2 - years after the date of enactment of this Act, the - Secretary shall undertake a winter recreation use - planning process, which shall include opportunities for - use by snowmobiles or other over snow vehicles in - appropriate areas of the Recreation Area. - (5) Applicable law.--Activities authorized under this - subsection shall be consistent with the applicable forest plan - and travel management plan for, and any law (including - regulations) applicable to, the Ashley National Forest. + (1) In general.--Except as needed for emergency response or + administrative purposes, the use of motorized vehicles in the + Recreation Area shall be permitted only on roads and motorized + routes designated in the Management Plan for the use of motorized + vehicles. + (2) New roads.--No new permanent or temporary roads or other + motorized vehicle routes shall be constructed within the Recreation + Area after the date of enactment of this Act. + (3) Existing roads.-- + (A) In general.--Necessary maintenance or repairs to + existing roads designated in the Management Plan for the use of + motorized vehicles, including necessary repairs to keep + existing roads free of debris or other safety hazards, shall be + permitted after the date of enactment of this Act, consistent + with the requirements of this section. + (B) Rerouting.--Nothing in this subsection prevents the + Secretary from rerouting an existing road or trail to protect + Recreation Area resources from degradation, or to protect + public safety, as determined to be appropriate by the + Secretary. + (4) Over snow vehicles.-- + (A) In general.--Nothing in this section prohibits the use + of snowmobiles and other over snow vehicles within the + Recreation Area. + (B) Winter recreation use plan.--Not later than 2 years + after the date of enactment of this Act, the Secretary shall + undertake a winter recreation use planning process, which shall + include opportunities for use by snowmobiles or other over snow + vehicles in appropriate areas of the Recreation Area. + (5) Applicable law.--Activities authorized under this + subsection shall be consistent with the applicable forest plan and + travel management plan for, and any law (including regulations) + applicable to, the Ashley National Forest. (h) Water Infrastructure.-- - (1) Existing access.--The designation of the Recreation - Area shall not affect the ability of authorized users to - access, operate, and maintain water infrastructure facilities - within the Recreation Area in accordance with applicable - authorizations and permits. - (2) Cooperative agreements.-- - (A) In general.--The Secretary shall offer to enter - into a cooperative agreement with authorized users and - local governmental entities to provide, in accordance - with any applicable law (including regulations)-- - (i) access, including motorized access, for - repair and maintenance to water infrastructure - facilities within the Recreation Area, - including Whiterocks Reservoir, subject to such - terms and conditions as the Secretary - determines to be necessary; and - (ii) access and maintenance by authorized - users and local governmental entities for the - continued delivery of water to the Ashley - Valley if water flows cease or become - diminished due to impairment of the karst - system, subject to such terms and conditions as - the Secretary determines to be necessary. + (1) Existing access.--The designation of the Recreation Area + shall not affect the ability of authorized users to access, + operate, and maintain water infrastructure facilities within the + Recreation Area in accordance with applicable authorizations and + permits. + (2) Cooperative agreements.-- + (A) In general.--The Secretary shall offer to enter into a + cooperative agreement with authorized users and local + governmental entities to provide, in accordance with any + applicable law (including regulations)-- + (i) access, including motorized access, for repair and + maintenance to water infrastructure facilities within the + Recreation Area, including Whiterocks Reservoir, subject to + such terms and conditions as the Secretary determines to be + necessary; and + (ii) access and maintenance by authorized users and + local governmental entities for the continued delivery of + water to the Ashley Valley if water flows cease or become + diminished due to impairment of the karst system, subject + to such terms and conditions as the Secretary determines to + be necessary. (i) Grazing.--The grazing of livestock in the Recreation Area, where established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with-- - (1) applicable law (including regulations); - (2) the purposes of the Recreation Area; and - (3) the guidelines set forth in the report of the Committee - on Interior and Insular Affairs of the House of Representatives - accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). + (1) applicable law (including regulations); + (2) the purposes of the Recreation Area; and + (3) the guidelines set forth in the report of the Committee on + Interior and Insular Affairs of the House of Representatives + accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (j) Fish and Wildlife.--Nothing in this section affects the jurisdiction of the State with respect to the management of fish and wildlife on Federal land in the State. @@ -2743,29 +2554,27 @@ wildlife on Federal land in the State. the State, may authorize wildlife water projects (including guzzlers) within the Recreation Area. (l) Water Rights.--Nothing in this section-- - (1) constitutes an express or implied reservation by the - United States of any water rights with respect to the - Recreation Area; - (2) affects any water rights in the State; - (3) affects the use or allocation, in existence on the date - of enactment of this Act, of any water, water right, or - interest in water; - (4) affects any vested absolute or decreed conditional - water right in existence on the date of enactment of this Act, - including any water right held by the United States; - (5) affects any interstate water compact in existence on - the date of enactment of this Act; or - (6) shall be considered to be a relinquishment or reduction - of any water rights reserved or appropriated by the United - States in the State on or before the date of enactment of this - Act. + (1) constitutes an express or implied reservation by the United + States of any water rights with respect to the Recreation Area; + (2) affects any water rights in the State; + (3) affects the use or allocation, in existence on the date of + enactment of this Act, of any water, water right, or interest in + water; + (4) affects any vested absolute or decreed conditional water + right in existence on the date of enactment of this Act, including + any water right held by the United States; + (5) affects any interstate water compact in existence on the + date of enactment of this Act; or + (6) shall be considered to be a relinquishment or reduction of + any water rights reserved or appropriated by the United States in + the State on or before the date of enactment of this Act. (m) Withdrawal.--Subject to valid existing rights, all Federal land in the Recreation Area is withdrawn from-- - (1) all forms of entry, appropriation, and disposal under - the public land laws; - (2) location, entry, and patent under the mining laws; and - (3) operation of the mineral leasing, mineral materials, - and geothermal leasing laws. + (1) all forms of entry, appropriation, and disposal under the + public land laws; + (2) location, entry, and patent under the mining laws; and + (3) operation of the mineral leasing, mineral materials, and + geothermal leasing laws. (n) Vegetation Management.--Nothing in this section prevents the Secretary from conducting vegetation management projects, including fuels reduction activities, within the Recreation Area for the purposes @@ -2783,116 +2592,108 @@ the continued use of, and access to, communication infrastructure (including necessary upgrades) within the Recreation Area, in accordance with applicable authorizations and permits. (r) Non-federal Land.-- - (1) In general.--Nothing in this section affects non- - Federal land or interests in non-Federal land within the - Recreation Area. - (2) Access.--The Secretary shall provide reasonable access - to non-Federal land or interests in non-Federal land within the - Recreation Area. + (1) In general.--Nothing in this section affects non-Federal + land or interests in non-Federal land within the Recreation Area. + (2) Access.--The Secretary shall provide reasonable access to + non-Federal land or interests in non-Federal land within the + Recreation Area. (s) Outfitting and Guide Activities.--Outfitting and guide services within the Recreation Area, including commercial outfitting and guide services, are authorized in accordance with this section and other applicable law (including regulations). - SEC. 1118. JOHN WESLEY POWELL NATIONAL CONSERVATION AREA. - (a) Definitions.--In this section: - (1) Map.--The term ``Map'' means the Bureau of Land - Management map entitled ``Proposed John Wesley Powell National - Conservation Area'' and dated December 10, 2018. - (2) National conservation area.--The term ``National - Conservation Area'' means the John Wesley Powell National - Conservation Area established by subsection (b)(1). + (1) Map.--The term ``Map'' means the Bureau of Land Management + map entitled ``Proposed John Wesley Powell National Conservation + Area'' and dated December 10, 2018. + (2) National conservation area.--The term ``National + Conservation Area'' means the John Wesley Powell National + Conservation Area established by subsection (b)(1). (b) Establishment.-- - (1) In general.--Subject to valid existing rights, there is - established the John Wesley Powell National Conservation Area - in the State of Utah. - (2) Area included.--The National Conservation Area shall - consist of approximately 29,868 acres of public land - administered by the Bureau of Land Management as generally - depicted on the Map. + (1) In general.--Subject to valid existing rights, there is + established the John Wesley Powell National Conservation Area in + the State of Utah. + (2) Area included.--The National Conservation Area shall + consist of approximately 29,868 acres of public land administered + by the Bureau of Land Management as generally depicted on the Map. (c) Purposes.--The purposes of the National Conservation Area are to conserve, protect, and enhance for the benefit of present and future generations the nationally significant historic, cultural, natural, scientific, scenic, recreational, archaeological, educational, and wildlife resources of the National Conservation Area. (d) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall prepare and file a - map and legal description of the National Conservation Area - with the Committee on Energy and Natural Resources of the - Senate and the Committee on Natural Resources of the House of - Representatives. - (2) Effect.--The map and legal description prepared under - paragraph (1) shall have the same force and effect as if - included in this section, except that the Secretary may correct - minor errors in the map or legal description. - (3) Availability.--A copy of the map and legal description - shall be on file and available for public inspection in the - appropriate offices of the Bureau of Land Management. + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall prepare and file a map + and legal description of the National Conservation Area with the + Committee on Energy and Natural Resources of the Senate and the + Committee on Natural Resources of the House of Representatives. + (2) Effect.--The map and legal description prepared under + paragraph (1) shall have the same force and effect as if included + in this section, except that the Secretary may correct minor errors + in the map or legal description. + (3) Availability.--A copy of the map and legal description + shall be on file and available for public inspection in the + appropriate offices of the Bureau of Land Management. (e) Management.--The Secretary shall manage the National Conservation Area-- - (1) in a manner that conserves, protects, and enhances the - resources of the National Conservation Area; - (2) in accordance with-- - (A) the Federal Land Policy and Management Act of - 1976 (43 U.S.C. 1701 et seq.); - (B) this section; and - (C) any other applicable law; and - (3) as a component of the National Landscape Conservation - System. - (4) Management plan.-- - (A) In general.--Not later than 2 years after the - date of enactment of this Act, the Secretary shall - develop a management plan for the National Conservation - Area. - (B) Consultation.--The Secretary shall prepare the - management plan-- - (i) in consultation and coordination with - the State of Utah, Uintah County, and affected - Indian Tribes; and - (ii) after providing for public input. + (1) in a manner that conserves, protects, and enhances the + resources of the National Conservation Area; + (2) in accordance with-- + (A) the Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1701 et seq.); + (B) this section; and + (C) any other applicable law; and + (3) as a component of the National Landscape Conservation + System. + (4) Management plan.-- + (A) In general.--Not later than 2 years after the date of + enactment of this Act, the Secretary shall develop a management + plan for the National Conservation Area. + (B) Consultation.--The Secretary shall prepare the + management plan-- + (i) in consultation and coordination with the State of + Utah, Uintah County, and affected Indian Tribes; and + (ii) after providing for public input. (f) Uses.--The Secretary shall only allow such uses of the National Conservation Area as the Secretary determines would further the purposes for which the National Conservation is established. (g) Acquisition.-- - (1) In general.--The Secretary may acquire land or - interests in land within the boundaries of the National - Conservation Area by purchase from a willing seller, donation, - or exchange. - (2) Incorporation in national conservation area.--Any land - or interest in land located inside the boundary of the National - Conservation Area that is acquired by the United States after - the date of enactment of this Act shall be added to and - administered as part of the National Conservation Area. - (3) State land.--On request of the Utah School and - Institutional Trust Lands Administration and, if practicable, - not later than 5 years after the date of enactment of this Act, - the Secretary shall seek to acquire all State-owned land within - the boundaries of the National Conservation Area by exchange or - purchase, subject to the appropriation of necessary funds. + (1) In general.--The Secretary may acquire land or interests in + land within the boundaries of the National Conservation Area by + purchase from a willing seller, donation, or exchange. + (2) Incorporation in national conservation area.--Any land or + interest in land located inside the boundary of the National + Conservation Area that is acquired by the United States after the + date of enactment of this Act shall be added to and administered as + part of the National Conservation Area. + (3) State land.--On request of the Utah School and + Institutional Trust Lands Administration and, if practicable, not + later than 5 years after the date of enactment of this Act, the + Secretary shall seek to acquire all State-owned land within the + boundaries of the National Conservation Area by exchange or + purchase, subject to the appropriation of necessary funds. (h) Motorized Vehicles.-- - (1) In general.--Subject to paragraph (2), except in cases - in which motorized vehicles are needed for administrative - purposes or to respond to an emergency, the use of motorized - vehicles in the National Conservation Area shall be permitted - only on roads designated in the management plan. - (2) Use of motorized vehicles prior to completion of - management plan.--Prior to completion of the management plan, - the use of motorized vehicles within the National Conservation - Area shall be permitted in accordance with the applicable - Bureau of Land Management resource management plan. + (1) In general.--Subject to paragraph (2), except in cases in + which motorized vehicles are needed for administrative purposes or + to respond to an emergency, the use of motorized vehicles in the + National Conservation Area shall be permitted only on roads + designated in the management plan. + (2) Use of motorized vehicles prior to completion of management + plan.--Prior to completion of the management plan, the use of + motorized vehicles within the National Conservation Area shall be + permitted in accordance with the applicable Bureau of Land + Management resource management plan. (i) Grazing.--The grazing of livestock in the National Conservation Area, where established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with-- - (1) applicable law (including regulations); - (2) the purposes of the National Conservation Area; and - (3) the guidelines set forth in Appendix A of the report of - the Committee on Interior and Insular Affairs of the House of - Representatives accompanying H.R. 2570 of the 101st Congress - (House Report 101-405). + (1) applicable law (including regulations); + (2) the purposes of the National Conservation Area; and + (3) the guidelines set forth in Appendix A of the report of the + Committee on Interior and Insular Affairs of the House of + Representatives accompanying H.R. 2570 of the 101st Congress (House + Report 101-405). (j) Fish and Wildlife.--Nothing in this section affects the jurisdiction of the State of Utah with respect to the management of fish and wildlife on Federal land in the State. @@ -2906,42 +2707,38 @@ maintain and improve Greater sage-grouse habitat, including the management of vegetation through mechanical means, to further the purposes of the National Conservation Area. (m) Water Rights.--Nothing in this section-- - (1) constitutes an express or implied reservation by the - United States of any water rights with respect to the National - Conservation Area; - (2) affects any water rights in the State; - (3) affects the use or allocation, in existence on the date - of enactment of this Act, of any water, water right, or - interest in water; - (4) affects any vested absolute or decreed conditional - water right in existence on the date of enactment of this Act, - including any water right held by the United States; - (5) affects any interstate water compact in existence on - the date of enactment of this Act; or - (6) shall be considered to be a relinquishment or reduction - of any water rights reserved or appropriated by the United - States in the State on or before the date of enactment of this - Act. + (1) constitutes an express or implied reservation by the United + States of any water rights with respect to the National + Conservation Area; + (2) affects any water rights in the State; + (3) affects the use or allocation, in existence on the date of + enactment of this Act, of any water, water right, or interest in + water; + (4) affects any vested absolute or decreed conditional water + right in existence on the date of enactment of this Act, including + any water right held by the United States; + (5) affects any interstate water compact in existence on the + date of enactment of this Act; or + (6) shall be considered to be a relinquishment or reduction of + any water rights reserved or appropriated by the United States in + the State on or before the date of enactment of this Act. (n) No Buffer Zones.-- - (1) In general.--Nothing in this section creates a - protective perimeter or buffer zone around the National - Conservation Area. - (2) Activities outside national conservation area.--The - fact that an authorized activity or use on land outside the - National Conservation Area can be seen or heard within the - National Conservation Area shall not preclude the activity or - use outside the boundary of the Area. + (1) In general.--Nothing in this section creates a protective + perimeter or buffer zone around the National Conservation Area. + (2) Activities outside national conservation area.--The fact + that an authorized activity or use on land outside the National + Conservation Area can be seen or heard within the National + Conservation Area shall not preclude the activity or use outside + the boundary of the Area. (o) Withdrawal.-- - (1) In general.--Subject to valid existing rights, all - Federal land in the National Conservation Area (including any - land acquired after the date of enactment of this Act) is - withdrawn from-- - (A) all forms of entry, appropriation, and disposal - under the public land laws; - (B) location, entry, and patent under the mining - laws; and - (C) operation of the mineral leasing, mineral - materials, and geothermal leasing laws. + (1) In general.--Subject to valid existing rights, all Federal + land in the National Conservation Area (including any land acquired + after the date of enactment of this Act) is withdrawn from-- + (A) all forms of entry, appropriation, and disposal under + the public land laws; + (B) location, entry, and patent under the mining laws; and + (C) operation of the mineral leasing, mineral materials, + and geothermal leasing laws. (p) Vegetation Management.--Nothing in this section prevents the Secretary from conducting vegetation management projects, including fuels reduction activities, within the National Conservation Area that @@ -2960,250 +2757,218 @@ within the National Conservation Area, including commercial outfitting and guide services, are authorized in accordance with this section and other applicable law (including regulations). (t) Non-federal Land.-- - (1) In general.--Nothing in this section affects non- - Federal land or interests in non-Federal land within the - National Conservation Area. - (2) Reasonable access.--The Secretary shall provide - reasonable access to non-Federal land or interests in non- - Federal land within the National Conservation Area. + (1) In general.--Nothing in this section affects non-Federal + land or interests in non-Federal land within the National + Conservation Area. + (2) Reasonable access.--The Secretary shall provide reasonable + access to non-Federal land or interests in non-Federal land within + the National Conservation Area. (u) Research and Interpretive Management.--The Secretary may establish programs and projects for the conduct of scientific, historical, cultural, archeological, and natural studies through the use of public and private partnerships that further the purposes of the National Conservation Area. - SEC. 1119. ALASKA NATIVE VIETNAM ERA VETERANS LAND ALLOTMENT. - (a) Definitions.--In this section: - (1) Available federal land.-- - (A) In general.--The term ``available Federal - land'' means Federal land in the State that-- - (i) is vacant, unappropriated, and - unreserved and is identified as available for - selection under subsection (b)(5); or - (ii) has been selected by, but not yet - conveyed to-- - (I) the State, if the State agrees - to voluntarily relinquish the selection - of the Federal land for selection by an - eligible individual; or - (II) a Regional Corporation or a - Village Corporation, if the Regional - Corporation or Village Corporation - agrees to voluntarily relinquish the - selection of the Federal land for - selection by an eligible individual. - (B) Exclusions.--The term ``available Federal - land'' does not include any Federal land in the State - that is-- - (i)(I) a right-of-way of the TransAlaska - Pipeline; or - (II) an inner or outer corridor of such a - right-of-way; - (ii) withdrawn or acquired for purposes of - the Armed Forces; - (iii) under review for a pending right-of- - way for a natural gas corridor; - (iv) within the Arctic National Wildlife - Refuge; - (v) within a unit of the National Forest - System; - (vi) designated as wilderness by Congress; - (vii) within a unit of the National Park - System, a National Preserve, or a National - Monument; - (viii) within a component of the National - Trails System; - (ix) within a component of the National - Wild and Scenic Rivers System; or - (x) within the National Petroleum Reserve- - Alaska. - (2) Eligible individual.--The term ``eligible individual'' - means an individual who, as determined by the Secretary in - accordance with subsection (c)(1), is-- - (A) a Native veteran-- - (i) who served in the Armed Forces during - the period between August 5, 1964, and December - 31, 1971; and - (ii) has not received an allotment made - pursuant to-- - (I) the Act of May 17, 1906 (34 - Stat. 197, chapter 2469) (as in effect - on December 17, 1971); - (II) section 14(h)(5) of the Alaska - Native Claims Settlement Act (43 U.S.C. - 1613(h)(5)); or - (III) section 41 of the Alaska - Native Claims Settlement Act (43 U.S.C. - 1629g); or - (B) is the personal representative of the estate of - a deceased eligible individual described in - subparagraph (A), who has been duly appointed in the - appropriate Alaska State court or a registrar has - qualified, acting for the benefit of the heirs of the - estate of a deceased eligible individual described in - subparagraph (A). - (3) Native; regional corporation; village corporation.--The - terms ``Native'', ``Regional Corporation'', and ``Village - Corporation'' have the meanings given those terms in section 3 - of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). - (4) State.--The term ``State'' means the State of Alaska. - (5) Veteran.--The term ``veteran'' has the meaning given - the term in section 101 of title 38, United States Code. + (1) Available federal land.-- + (A) In general.--The term ``available Federal land'' means + Federal land in the State that-- + (i) is vacant, unappropriated, and unreserved and is + identified as available for selection under subsection + (b)(5); or + (ii) has been selected by, but not yet conveyed to-- + + (I) the State, if the State agrees to voluntarily + relinquish the selection of the Federal land for + selection by an eligible individual; or + (II) a Regional Corporation or a Village + Corporation, if the Regional Corporation or Village + Corporation agrees to voluntarily relinquish the + selection of the Federal land for selection by an + eligible individual. + + (B) Exclusions.--The term ``available Federal land'' does + not include any Federal land in the State that is-- + (i)(I) a right-of-way of the TransAlaska Pipeline; or + (II) an inner or outer corridor of such a right-of-way; + (ii) withdrawn or acquired for purposes of the Armed + Forces; + (iii) under review for a pending right-of-way for a + natural gas corridor; + (iv) within the Arctic National Wildlife Refuge; + (v) within a unit of the National Forest System; + (vi) designated as wilderness by Congress; + (vii) within a unit of the National Park System, a + National Preserve, or a National Monument; + (viii) within a component of the National Trails + System; + (ix) within a component of the National Wild and Scenic + Rivers System; or + (x) within the National Petroleum Reserve-Alaska. + (2) Eligible individual.--The term ``eligible individual'' + means an individual who, as determined by the Secretary in + accordance with subsection (c)(1), is-- + (A) a Native veteran-- + (i) who served in the Armed Forces during the period + between August 5, 1964, and December 31, 1971; and + (ii) has not received an allotment made pursuant to-- + + (I) the Act of May 17, 1906 (34 Stat. 197, chapter + 2469) (as in effect on December 17, 1971); + (II) section 14(h)(5) of the Alaska Native Claims + Settlement Act (43 U.S.C. 1613(h)(5)); or + (III) section 41 of the Alaska Native Claims + Settlement Act (43 U.S.C. 1629g); or + + (B) is the personal representative of the estate of a + deceased eligible individual described in subparagraph (A), who + has been duly appointed in the appropriate Alaska State court + or a registrar has qualified, acting for the benefit of the + heirs of the estate of a deceased eligible individual described + in subparagraph (A). + (3) Native; regional corporation; village corporation.--The + terms ``Native'', ``Regional Corporation'', and ``Village + Corporation'' have the meanings given those terms in section 3 of + the Alaska Native Claims Settlement Act (43 U.S.C. 1602). + (4) State.--The term ``State'' means the State of Alaska. + (5) Veteran.--The term ``veteran'' has the meaning given the + term in section 101 of title 38, United States Code. (b) Allotments for Eligible Individuals.-- - (1) Information to determine eligibility.-- - (A) In general.--Not later than 180 days after the - date of enactment of this Act, the Secretary of - Defense, in coordination with the Secretary of Veterans - Affairs, shall provide to the Secretary a list of all - members of the Armed Forces who served during the - period between August 5, 1964, and December 31, 1971. - (B) Use.--The Secretary shall use the information - provided under subparagraph (A) to determine whether an - individual meets the military service requirements - under subsection (a)(2)(A)(i). - (C) Outreach and assistance.--The Secretary, in - coordination with the Secretary of Veterans Affairs, - shall conduct outreach, and provide assistance in - applying for allotments, to eligible individuals. - (2) Regulations.--Not later than 18 months after the date - of enactment of this section, the Secretary shall promulgate - regulations to carry out this subsection. - (3) Selection by eligible individuals.-- - (A) In general.--An eligible individual-- - (i) may select 1 parcel of not less than - 2.5 acres and not more than 160 acres of - available Federal land; and - (ii) on making a selection pursuant to - clause (i), shall submit to the Secretary an - allotment selection application for the - applicable parcel of available Federal land. - (B) Selection period.--An eligible individual may - apply for an allotment during the 5-year period - beginning on the effective date of the final - regulations issued under paragraph (2). - (4) Conflicting selections.--If 2 or more eligible - individuals submit to the Secretary an allotment selection - application under paragraph (3)(A)(ii) for the same parcel of - available Federal land, the Secretary shall-- - (A) give preference to the selection application - received on the earliest date; and - (B) provide to each eligible individual the - selection application of whom is rejected under - subparagraph (A) an opportunity to select a substitute - parcel of available Federal land. - (5) Identification of available federal land administered - by the bureau of land management.-- - (A) In general.--Not later than 1 year after the - date of enactment of this Act, the Secretary, in - consultation with the State, Regional Corporations, and - Village Corporations, shall identify Federal land - administered by the Bureau of Land Management as - available Federal land for allotment selection in the - State by eligible individuals. - (B) Certification; survey.--The Secretary shall-- - (i) certify that the available Federal land - identified under subparagraph (A) is free of - known contamination; and - (ii) survey the available Federal land - identified under subparagraph (A) into aliquot - parts and lots, segregating all navigable and - meanderable waters and land not available for - allotment selection. - (C) Maps.--As soon as practicable after the date on - which available Federal land is identified under - subparagraph (A), the Secretary shall submit to - Congress, and publish in the Federal Register, 1 or - more maps depicting the identified available Federal - land. - (D) Conveyances.--Any available Federal land - conveyed to an eligible individual under this paragraph - shall be subject to-- - (i) valid existing rights; and - (ii) the reservation of minerals to the - United States. - (E) Intent of congress.--It is the intent of - Congress that not later than 1 year after the date on - which an eligible individual submits an allotment - selection application for available Federal land that - meets the requirements of this section, as determined - by the Secretary, the Secretary shall issue to the - eligible individual a certificate of allotment with - respect to the available Federal land covered by the - allotment selection application, subject to the - requirements of subparagraph (D). + (1) Information to determine eligibility.-- + (A) In general.--Not later than 180 days after the date of + enactment of this Act, the Secretary of Defense, in + coordination with the Secretary of Veterans Affairs, shall + provide to the Secretary a list of all members of the Armed + Forces who served during the period between August 5, 1964, and + December 31, 1971. + (B) Use.--The Secretary shall use the information provided + under subparagraph (A) to determine whether an individual meets + the military service requirements under subsection + (a)(2)(A)(i). + (C) Outreach and assistance.--The Secretary, in + coordination with the Secretary of Veterans Affairs, shall + conduct outreach, and provide assistance in applying for + allotments, to eligible individuals. + (2) Regulations.--Not later than 18 months after the date of + enactment of this section, the Secretary shall promulgate + regulations to carry out this subsection. + (3) Selection by eligible individuals.-- + (A) In general.--An eligible individual-- + (i) may select 1 parcel of not less than 2.5 acres and + not more than 160 acres of available Federal land; and + (ii) on making a selection pursuant to clause (i), + shall submit to the Secretary an allotment selection + application for the applicable parcel of available Federal + land. + (B) Selection period.--An eligible individual may apply for + an allotment during the 5-year period beginning on the + effective date of the final regulations issued under paragraph + (2). + (4) Conflicting selections.--If 2 or more eligible individuals + submit to the Secretary an allotment selection application under + paragraph (3)(A)(ii) for the same parcel of available Federal land, + the Secretary shall-- + (A) give preference to the selection application received + on the earliest date; and + (B) provide to each eligible individual the selection + application of whom is rejected under subparagraph (A) an + opportunity to select a substitute parcel of available Federal + land. + (5) Identification of available federal land administered by + the bureau of land management.-- + (A) In general.--Not later than 1 year after the date of + enactment of this Act, the Secretary, in consultation with the + State, Regional Corporations, and Village Corporations, shall + identify Federal land administered by the Bureau of Land + Management as available Federal land for allotment selection in + the State by eligible individuals. + (B) Certification; survey.--The Secretary shall-- + (i) certify that the available Federal land identified + under subparagraph (A) is free of known contamination; and + (ii) survey the available Federal land identified under + subparagraph (A) into aliquot parts and lots, segregating + all navigable and meanderable waters and land not available + for allotment selection. + (C) Maps.--As soon as practicable after the date on which + available Federal land is identified under subparagraph (A), + the Secretary shall submit to Congress, and publish in the + Federal Register, 1 or more maps depicting the identified + available Federal land. + (D) Conveyances.--Any available Federal land conveyed to an + eligible individual under this paragraph shall be subject to-- + (i) valid existing rights; and + (ii) the reservation of minerals to the United States. + (E) Intent of congress.--It is the intent of Congress that + not later than 1 year after the date on which an eligible + individual submits an allotment selection application for + available Federal land that meets the requirements of this + section, as determined by the Secretary, the Secretary shall + issue to the eligible individual a certificate of allotment + with respect to the available Federal land covered by the + allotment selection application, subject to the requirements of + subparagraph (D). (c) Identification of Available Federal Land in Units of the National Wildlife Refuge System.-- - (1) Report.--Not later than 1 year after the date of - enactment of this Act, the Secretary shall-- - (A) conduct a study to determine whether any - additional Federal lands within units of the National - Wildlife Refuge System in the State should be made - available for allotment selection; and - (B) report the findings and conclusions of the - study to Congress. - (2) Content of the report.--The Secretary shall include in - the report required under paragraph (1)-- - (A) the Secretary's determination whether Federal - lands within units of the National Wildlife Refuge - System in the State should be made available for - allotment selection by eligible individuals; and - (B) identification of the specific areas (including - maps) within units of the National Wildlife Refuge - System in the State that the Secretary determines - should be made available, consistent with the mission - of the National Wildlife Refuge System and the specific - purposes for which the unit was established, and this - subsection. - (3) Factors to be considered.--In determining whether + (1) Report.--Not later than 1 year after the date of enactment + of this Act, the Secretary shall-- + (A) conduct a study to determine whether any additional Federal lands within units of the National Wildlife Refuge - System in the State should be made available under paragraph - (1)(A), the Secretary shall take into account-- - (A) the proximity of the Federal land made - available for allotment selection under subsection - (b)(5) to eligible individuals; - (B) the proximity of the units of the National - Wildlife Refuge System in the State to eligible - individuals; and - (C) the amount of additional Federal land within - units of the National Wildlife Refuge System in the - State that the Secretary estimates would be necessary - to make allotments available for selection by eligible - individuals. - (4) Identifying federal land in units of the national - wildlife refuge system.--In identifying whether Federal lands + System in the State should be made available for allotment + selection; and + (B) report the findings and conclusions of the study to + Congress. + (2) Content of the report.--The Secretary shall include in the + report required under paragraph (1)-- + (A) the Secretary's determination whether Federal lands within units of the National Wildlife Refuge System in the - State should be made available for allotment under paragraph - (2)(B), the Secretary shall not identify any Federal land in a - unit of the National Wildlife Refuge System-- - (A) the conveyance of which, independently or as - part of a group of allotments-- - (i) could significantly interfere with - biological, physical, cultural, scenic, - recreational, natural quiet, or subsistence - values of the unit of the National Wildlife - Refuge System; - (ii) could obstruct access by the public or - the Fish and Wildlife Service to the resource - values of the unit; - (iii) could trigger development or future - uses in an area that would adversely affect - resource values of the surrounding National - Wildlife Refuge System land; - (iv) could open an area of a unit to new - access and uses that adversely affect resources - values of the unit; or - (v) could interfere with the management - plan of the unit; - (B) that is located within 300 feet from the shore - of a navigable water body; - (C) that is not consistent with the purposes for - which the unit of the National Wildlife Refuge System - was established; - (D) that is designated as wilderness by Congress; - or - (E) that is within the Arctic National Wildlife - Refuge. + State should be made available for allotment selection by + eligible individuals; and + (B) identification of the specific areas (including maps) + within units of the National Wildlife Refuge System in the + State that the Secretary determines should be made available, + consistent with the mission of the National Wildlife Refuge + System and the specific purposes for which the unit was + established, and this subsection. + (3) Factors to be considered.--In determining whether Federal + lands within units of the National Wildlife Refuge System in the + State should be made available under paragraph (1)(A), the + Secretary shall take into account-- + (A) the proximity of the Federal land made available for + allotment selection under subsection (b)(5) to eligible + individuals; + (B) the proximity of the units of the National Wildlife + Refuge System in the State to eligible individuals; and + (C) the amount of additional Federal land within units of + the National Wildlife Refuge System in the State that the + Secretary estimates would be necessary to make allotments + available for selection by eligible individuals. + (4) Identifying federal land in units of the national wildlife + refuge system.--In identifying whether Federal lands within units + of the National Wildlife Refuge System in the State should be made + available for allotment under paragraph (2)(B), the Secretary shall + not identify any Federal land in a unit of the National Wildlife + Refuge System-- + (A) the conveyance of which, independently or as part of a + group of allotments-- + (i) could significantly interfere with biological, + physical, cultural, scenic, recreational, natural quiet, or + subsistence values of the unit of the National Wildlife + Refuge System; + (ii) could obstruct access by the public or the Fish + and Wildlife Service to the resource values of the unit; + (iii) could trigger development or future uses in an + area that would adversely affect resource values of the + surrounding National Wildlife Refuge System land; + (iv) could open an area of a unit to new access and + uses that adversely affect resources values of the unit; or + (v) could interfere with the management plan of the + unit; + (B) that is located within 300 feet from the shore of a + navigable water body; + (C) that is not consistent with the purposes for which the + unit of the National Wildlife Refuge System was established; + (D) that is designated as wilderness by Congress; or + (E) that is within the Arctic National Wildlife Refuge. (d) Limitation.--No Federal land may be identified for selection or made available for allotment within a unit of the National Wildlife Refuge System unless it has been authorized by an Act of Congress @@ -3213,481 +2978,427 @@ must have been identified by the Secretary in accordance with subsection (c)(4) in the report to Congress required by subsection (c) and include patent provisions that the land remains subject to the laws and regulations governing the use and development of the Refuge. - SEC. 1120. RED RIVER GRADIENT BOUNDARY SURVEY. - (a) Definitions.--In this section: - (1) Affected area.-- - (A) In general.--The term ``affected area'' means - land along the approximately 116-mile stretch of the - Red River, from its confluence with the north fork of - the Red River on the west to the 98th meridian on the - east. - (B) Exclusions.--The term ``affected area'' does - not include the portion of the Red River within the - boundary depicted on the survey prepared by the Bureau - of Land Management entitled ``Township 5 South, Range - 14 West, of the Indian Meridian, Oklahoma, Dependent - Resurvey and Survey'' and dated February 28, 2006. - (2) Gradient boundary survey method.--The term ``gradient - boundary survey method'' means the measurement technique used - to locate the South Bank boundary line in accordance with the - methodology established in Oklahoma v. Texas, 261 U.S. 340 - (1923) (recognizing that the boundary line along the Red River - is subject to change due to erosion and accretion). - (3) Landowner.--The term ``landowner'' means any - individual, group, association, corporation, federally - recognized Indian tribe or member of such an Indian tribe, or - other private or governmental legal entity that owns an - interest in land in the affected area. - (4) Secretary.--The term ``Secretary'' means the Secretary, - acting through the Director of the Bureau of Land Management. - (5) South bank.--The term ``South Bank'' means the water- - washed and relatively permanent elevation or acclivity - (commonly known as a ``cut bank'') along the southerly or right - side of the Red River that-- - (A) separates the bed of that river from the - adjacent upland, whether valley or hill; and - (B) usually serves, as specified in the fifth - paragraph of Oklahoma v. Texas, 261 U.S. 340 (1923)-- - (i) to confine the waters within the bed; - and - (ii) to preserve the course of the river. - (6) South bank boundary line.--The term ``South Bank - boundary line'' means the boundary, with respect to title and - ownership, between the States of Oklahoma and Texas identified - through the gradient boundary survey method that does not - impact or alter the permanent political boundary line between - the States along the Red River, as outlined under article II, - section B of the Red River Boundary Compact enacted by the - States and consented to by Congress pursuant to Public Law 106- - 288 (114 Stat. 919). + (1) Affected area.-- + (A) In general.--The term ``affected area'' means land + along the approximately 116-mile stretch of the Red River, from + its confluence with the north fork of the Red River on the west + to the 98th meridian on the east. + (B) Exclusions.--The term ``affected area'' does not + include the portion of the Red River within the boundary + depicted on the survey prepared by the Bureau of Land + Management entitled ``Township 5 South, Range 14 West, of the + Indian Meridian, Oklahoma, Dependent Resurvey and Survey'' and + dated February 28, 2006. + (2) Gradient boundary survey method.--The term ``gradient + boundary survey method'' means the measurement technique used to + locate the South Bank boundary line in accordance with the + methodology established in Oklahoma v. Texas, 261 U.S. 340 (1923) + (recognizing that the boundary line along the Red River is subject + to change due to erosion and accretion). + (3) Landowner.--The term ``landowner'' means any individual, + group, association, corporation, federally recognized Indian tribe + or member of such an Indian tribe, or other private or governmental + legal entity that owns an interest in land in the affected area. + (4) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the Bureau of Land Management. + (5) South bank.--The term ``South Bank'' means the water-washed + and relatively permanent elevation or acclivity (commonly known as + a ``cut bank'') along the southerly or right side of the Red River + that-- + (A) separates the bed of that river from the adjacent + upland, whether valley or hill; and + (B) usually serves, as specified in the fifth paragraph of + Oklahoma v. Texas, 261 U.S. 340 (1923)-- + (i) to confine the waters within the bed; and + (ii) to preserve the course of the river. + (6) South bank boundary line.--The term ``South Bank boundary + line'' means the boundary, with respect to title and ownership, + between the States of Oklahoma and Texas identified through the + gradient boundary survey method that does not impact or alter the + permanent political boundary line between the States along the Red + River, as outlined under article II, section B of the Red River + Boundary Compact enacted by the States and consented to by Congress + pursuant to Public Law 106-288 (114 Stat. 919). (b) Survey of South Bank Boundary Line.-- - (1) Survey required.-- - (A) In general.--The Secretary shall commission a - survey to identify the South Bank boundary line in the - affected area. - (B) Requirements.--The survey shall-- - (i) adhere to the gradient boundary survey - method; - (ii) span the length of the affected area; - (iii) be conducted by 1 or more independent - third-party surveyors that are-- - (I) licensed and qualified to - conduct official gradient boundary - surveys; and - (II) selected by the Secretary, in - consultation with-- - (aa) the Texas General Land - Office; - (bb) the Oklahoma - Commissioners of the Land - Office, in consultation with - the attorney general of the - State of Oklahoma; and - (cc) each affected - federally recognized Indian - Tribe; and - (iv) subject to the availability of - appropriations, be completed not later than 2 - years after the date of enactment of this Act. - (2) Approval of the boundary survey.-- - (A) In general.--Not later than 60 days after the - date on which the survey or a portion of the survey - under paragraph (1)(A) is completed, the Secretary - shall submit the survey for approval to-- - (i) the Texas General Land Office; - (ii) the Oklahoma Commissioners of the Land - Office, in consultation with the attorney - general of the State of Oklahoma; and - (iii) each affected federally recognized - Indian Tribe. - (B) Timing of approval.--Not later than 60 days - after the date on which each of the Texas General Land - Office, the Oklahoma Commissioners of the Land Office, - in consultation with the attorney general of the State - of Oklahoma, and each affected federally recognized - Indian Tribe notify the Secretary of the approval of - the boundary survey or a portion of the survey by the - applicable office or federally recognized Indian Tribe, - the Secretary shall determine whether to approve the - survey or portion of the survey, subject to - subparagraph (D). - (C) Submission of portions of survey for - approval.--As portions of the survey are completed, the - Secretary may submit the completed portions of the - survey for approval under subparagraph (A). - (D) Written approval.--The Secretary shall only - approve the survey, or a portion of the survey, that - has the written approval of each of-- - (i) the Texas General Land Office; - (ii) the Oklahoma Commissioners of the Land - Office, in consultation with the attorney - general of the State of Oklahoma; and - (iii) each affected federally recognized - Indian Tribe. + (1) Survey required.-- + (A) In general.--The Secretary shall commission a survey to + identify the South Bank boundary line in the affected area. + (B) Requirements.--The survey shall-- + (i) adhere to the gradient boundary survey method; + (ii) span the length of the affected area; + (iii) be conducted by 1 or more independent third-party + surveyors that are-- + + (I) licensed and qualified to conduct official + gradient boundary surveys; and + (II) selected by the Secretary, in consultation + with-- + + (aa) the Texas General Land Office; + (bb) the Oklahoma Commissioners of the Land + Office, in consultation with the attorney general + of the State of Oklahoma; and + (cc) each affected federally recognized Indian + Tribe; and + (iv) subject to the availability of appropriations, be + completed not later than 2 years after the date of + enactment of this Act. + (2) Approval of the boundary survey.-- + (A) In general.--Not later than 60 days after the date on + which the survey or a portion of the survey under paragraph + (1)(A) is completed, the Secretary shall submit the survey for + approval to-- + (i) the Texas General Land Office; + (ii) the Oklahoma Commissioners of the Land Office, in + consultation with the attorney general of the State of + Oklahoma; and + (iii) each affected federally recognized Indian Tribe. + (B) Timing of approval.--Not later than 60 days after the + date on which each of the Texas General Land Office, the + Oklahoma Commissioners of the Land Office, in consultation with + the attorney general of the State of Oklahoma, and each + affected federally recognized Indian Tribe notify the Secretary + of the approval of the boundary survey or a portion of the + survey by the applicable office or federally recognized Indian + Tribe, the Secretary shall determine whether to approve the + survey or portion of the survey, subject to subparagraph (D). + (C) Submission of portions of survey for approval.--As + portions of the survey are completed, the Secretary may submit + the completed portions of the survey for approval under + subparagraph (A). + (D) Written approval.--The Secretary shall only approve the + survey, or a portion of the survey, that has the written + approval of each of-- + (i) the Texas General Land Office; + (ii) the Oklahoma Commissioners of the Land Office, in + consultation with the attorney general of the State of + Oklahoma; and + (iii) each affected federally recognized Indian Tribe. (c) Survey of Individual Parcels.--Surveys of individual parcels in the affected area shall be conducted in accordance with the boundary survey approved under subsection (b)(2). (d) Notice and Availability of Survey.--Not later than 60 days after the date on which the boundary survey is approved under subsection (b)(2), the Secretary shall-- - (1) publish notice of the approval of the survey in-- - (A) the Federal Register; and - (B) 1 or more local newspapers; and - (2) on request, furnish to any landowner a copy of-- - (A) the survey; and - (B) any field notes relating to-- - (i) the individual parcel of the landowner; - or - (ii) any individual parcel adjacent to the - individual parcel of the landowner. + (1) publish notice of the approval of the survey in-- + (A) the Federal Register; and + (B) 1 or more local newspapers; and + (2) on request, furnish to any landowner a copy of-- + (A) the survey; and + (B) any field notes relating to-- + (i) the individual parcel of the landowner; or + (ii) any individual parcel adjacent to the individual + parcel of the landowner. (e) Effect of Section.--Nothing in this section-- - (1) modifies any interest of the State of Oklahoma or - Texas, or the sovereignty, property, or trust rights of any - federally recognized Indian Tribe, relating to land located - north of the South Bank boundary line, as established by the - survey; - (2) modifies any land patented under the Act of December - 22, 1928 (45 Stat. 1069, chapter 47; 43 U.S.C. 1068) (commonly - known as the ``Color of Title Act''), before the date of - enactment of this Act; - (3) modifies or supersedes the Red River Boundary Compact - enacted by the States of Oklahoma and Texas and consented to by - Congress pursuant to Public Law 106-288 (114 Stat. 919); - (4) creates or reinstates any Indian reservation or any - portion of such a reservation; - (5) modifies any interest or any property or trust rights - of any individual Indian allottee; or - (6) alters any valid right of the State of Oklahoma or the - Kiowa, Comanche, or Apache Indian tribes to the mineral - interest trust fund established under the Act of June 12, 1926 - (44 Stat. 740, chapter 572). + (1) modifies any interest of the State of Oklahoma or Texas, or + the sovereignty, property, or trust rights of any federally + recognized Indian Tribe, relating to land located north of the + South Bank boundary line, as established by the survey; + (2) modifies any land patented under the Act of December 22, + 1928 (45 Stat. 1069, chapter 47; 43 U.S.C. 1068) (commonly known as + the ``Color of Title Act''), before the date of enactment of this + Act; + (3) modifies or supersedes the Red River Boundary Compact + enacted by the States of Oklahoma and Texas and consented to by + Congress pursuant to Public Law 106-288 (114 Stat. 919); + (4) creates or reinstates any Indian reservation or any portion + of such a reservation; + (5) modifies any interest or any property or trust rights of + any individual Indian allottee; or + (6) alters any valid right of the State of Oklahoma or the + Kiowa, Comanche, or Apache Indian tribes to the mineral interest + trust fund established under the Act of June 12, 1926 (44 Stat. + 740, chapter 572). (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $1,000,000. - SEC. 1121. SAN JUAN COUNTY SETTLEMENT IMPLEMENTATION. - (a) Exchange of Coal Preference Right Lease Applications.-- - (1) Definition of bidding right.--In this subsection, the - term ``bidding right'' means an appropriate legal instrument or - other written documentation, including an entry in an account - managed by the Secretary, issued or created under subpart 3435 - of title 43, Code of Federal Regulations, that may be used-- - (A) in lieu of a monetary payment for 50 percent of - a bonus bid for a coal lease sale under the Mineral - Leasing Act (30 U.S.C. 181 et seq.); or - (B) as a monetary credit against 50 percent of any - rental or royalty payments due under any Federal coal - lease. - (2) Use of bidding right.-- - (A) In general.--If the Secretary retires a coal - preference right lease application under the Mineral - Leasing Act (30 U.S.C. 181 et seq.) by issuing a - bidding right in exchange for the relinquishment of the - coal preference right lease application, the bidding - right subsequently may be used in lieu of 50 percent of - the amount owed for any monetary payment of-- - (i) a bonus in a coal lease sale; or - (ii) rental or royalty under a Federal coal - lease. - (B) Payment calculation.-- - (i) In general.--The Secretary shall - calculate a payment of amounts owed to a - relevant State under section 35(a) of the - Mineral Leasing Act (30 U.S.C. 191(a)) based on - the combined value of the bidding rights and - amounts received. - (ii) Amounts received.--Except as provided - in this paragraph, for purposes of calculating - the payment of amounts owed to a relevant State - under clause (i) only, a bidding right shall be - considered amounts received. - (C) Requirement.--The total number of bidding - rights issued by the Secretary under subparagraph (A) - before October 1, 2029, shall not exceed the number of - bidding rights that reflect a value equivalent to - $67,000,000. - (3) Source of payments.--The Secretary shall make payments - to the relevant State under paragraph (2) from monetary - payments received by the Secretary when bidding rights are - exercised under this section. - (4) Treatment of payments.--A payment to a State under this - subsection shall be treated as a payment under section 35(a) of - the Mineral Leasing Act (30 U.S.C. 191(a)). - (5) Transferability; limitation.-- - (A) Transferability.--A bidding right issued for a - coal preference right lease application under the - Mineral Leasing Act (30 U.S.C. 181 et seq.) shall be - fully transferable to any other person. - (B) Notification of secretary.--A person who - transfers a bidding right shall notify the Secretary of - the transfer by any method determined to be appropriate - by the Secretary. - (C) Effective period.-- - (i) In general.--A bidding right issued - under the Mineral Leasing Act (30 U.S.C. 181 et - seq.) shall terminate on the expiration of the - 7-year period beginning on the date the bidding - right is issued. - (ii) Tolling of period.--The 7-year period - described in clause (i) shall be tolled during - any period in which exercise of the bidding - right is precluded by temporary injunctive - relief granted under, or administrative, - legislative, or judicial suspension of, the - Federal coal leasing program. - (6) Deadline.-- - (A) In general.--If an existing settlement of a - coal preference right lease application has not been - implemented as of the date of enactment of this Act, - not later than 180 days after that date of enactment, - the Secretary shall complete the bidding rights - valuation process in accordance with the terms of the - settlement. - (B) Date of valuation.--For purposes of the - valuation process under subparagraph (A), the market - price of coal shall be determined as of the date of the - settlement. + (1) Definition of bidding right.--In this subsection, the term + ``bidding right'' means an appropriate legal instrument or other + written documentation, including an entry in an account managed by + the Secretary, issued or created under subpart 3435 of title 43, + Code of Federal Regulations, that may be used-- + (A) in lieu of a monetary payment for 50 percent of a bonus + bid for a coal lease sale under the Mineral Leasing Act (30 + U.S.C. 181 et seq.); or + (B) as a monetary credit against 50 percent of any rental + or royalty payments due under any Federal coal lease. + (2) Use of bidding right.-- + (A) In general.--If the Secretary retires a coal preference + right lease application under the Mineral Leasing Act (30 + U.S.C. 181 et seq.) by issuing a bidding right in exchange for + the relinquishment of the coal preference right lease + application, the bidding right subsequently may be used in lieu + of 50 percent of the amount owed for any monetary payment of-- + (i) a bonus in a coal lease sale; or + (ii) rental or royalty under a Federal coal lease. + (B) Payment calculation.-- + (i) In general.--The Secretary shall calculate a + payment of amounts owed to a relevant State under section + 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) based + on the combined value of the bidding rights and amounts + received. + (ii) Amounts received.--Except as provided in this + paragraph, for purposes of calculating the payment of + amounts owed to a relevant State under clause (i) only, a + bidding right shall be considered amounts received. + (C) Requirement.--The total number of bidding rights issued + by the Secretary under subparagraph (A) before October 1, 2029, + shall not exceed the number of bidding rights that reflect a + value equivalent to $67,000,000. + (3) Source of payments.--The Secretary shall make payments to + the relevant State under paragraph (2) from monetary payments + received by the Secretary when bidding rights are exercised under + this section. + (4) Treatment of payments.--A payment to a State under this + subsection shall be treated as a payment under section 35(a) of the + Mineral Leasing Act (30 U.S.C. 191(a)). + (5) Transferability; limitation.-- + (A) Transferability.--A bidding right issued for a coal + preference right lease application under the Mineral Leasing + Act (30 U.S.C. 181 et seq.) shall be fully transferable to any + other person. + (B) Notification of secretary.--A person who transfers a + bidding right shall notify the Secretary of the transfer by any + method determined to be appropriate by the Secretary. + (C) Effective period.-- + (i) In general.--A bidding right issued under the + Mineral Leasing Act (30 U.S.C. 181 et seq.) shall terminate + on the expiration of the 7-year period beginning on the + date the bidding right is issued. + (ii) Tolling of period.--The 7-year period described in + clause (i) shall be tolled during any period in which + exercise of the bidding right is precluded by temporary + injunctive relief granted under, or administrative, + legislative, or judicial suspension of, the Federal coal + leasing program. + (6) Deadline.-- + (A) In general.--If an existing settlement of a coal + preference right lease application has not been implemented as + of the date of enactment of this Act, not later than 180 days + after that date of enactment, the Secretary shall complete the + bidding rights valuation process in accordance with the terms + of the settlement. + (B) Date of valuation.--For purposes of the valuation + process under subparagraph (A), the market price of coal shall + be determined as of the date of the settlement. (b) Certain Land Selections of the Navajo Nation.-- - (1) Cancellation of certain selections.--The land - selections made by the Navajo Nation pursuant to Public Law 93- - 531 (commonly known as the ``Navajo-Hopi Land Settlement Act of - 1974'') (88 Stat. 1712) that are depicted on the map entitled - ``Navajo-Hopi Land Settlement Act Selected Lands'' and dated - April 2, 2015, are cancelled. - (2) Authorization for new selection.-- - (A) In general.--Subject to subparagraphs (B), (C), - and (D) and paragraph (3), the Navajo Nation may make - new land selections in accordance with the Act referred - to in paragraph (1) to replace the land selections - cancelled under that paragraph. - (B) Acreage cap.--The total acreage of land - selected under subparagraph (A) shall not exceed 15,000 - acres of land. - (C) Exclusions.--The following land shall not be - eligible for selection under subparagraph (A): - (i) Land within a unit of the National - Landscape Conservation System. - (ii) Land within-- - (I) the Glade Run Recreation Area; - (II) the Fossil Forest Research - Natural Area; or - (III) a special management area or - area of critical environmental concern - identified in a land use plan developed - under section 202 of the Federal Land - Policy and Management Act of 1976 (43 - U.S.C. 1712) that is in effect on the - date of enactment of this Act. - (iii) Any land subject to a lease or - contract under the Mineral Leasing Act (30 - U.S.C. 181 et seq.) or the Act of July 31, 1947 - (commonly known as the ``Materials Act of - 1947'') (30 U.S.C. 601 et seq.) as of the date - of the selection. - (iv) Land not under the jurisdiction of the - Bureau of Land Management. - (v) Land identified as ``Parcels Excluded - from Selection'' on the map entitled ``Parcels - excluded for selection under the San Juan - County Settlement Implementation Act'' and - dated December 14, 2018. - (D) Deadline.--Not later than 7 years after the - date of enactment of this Act, the Navajo Nation shall - make all selections under subparagraph (A). - (E) Withdrawal.--Any land selected by the Navajo - Nation under subparagraph (A) shall be withdrawn from - disposal, leasing, and development until the date on - which the selected land is placed into trust for the - Navajo Nation. - (3) Equal value.-- - (A) In general.--Notwithstanding the acreage - limitation in the second proviso of section 11(c) of - Public Law 93-531 (commonly known as the ``Navajo-Hopi - Land Settlement Act of 1974'') (25 U.S.C. 640d-10(c)) - and subject to paragraph (2)(B), the value of the land - selected under paragraph (2)(A) and the land subject to - selections cancellation under paragraph (1) shall be - equal, based on appraisals conducted under subparagraph - (B). - (B) Appraisals.-- - (i) In general.--The value of the land - selected under paragraph (2)(A) and the land - subject to selections cancelled under paragraph - (1) shall be determined by appraisals conducted - in accordance with-- - (I) the Uniform Appraisal Standards - for Federal Land Acquisitions; and - (II) the Uniform Standards of - Professional Appraisal Practice. - (ii) Timing.-- - (I) Land subject to selections - cancelled.--Not later than 18 months - after the date of enactment of this - Act, the appraisal under clause (i) of - the land subject to selections - cancelled under paragraph (1) shall be - completed. - (II) New selections.--The - appraisals under clause (i) of the land - selected under paragraph (2)(A) shall - be completed as the Navajo Nation - finalizes those land selections. - (4) Boundary.--For purposes of this subsection and the Act - referred to in paragraph (1), the present boundary of the - Navajo Reservation is depicted on the map entitled ``Navajo - Nation Boundary'' and dated November 16, 2015. + (1) Cancellation of certain selections.--The land selections + made by the Navajo Nation pursuant to Public Law 93-531 (commonly + known as the ``Navajo-Hopi Land Settlement Act of 1974'') (88 Stat. + 1712) that are depicted on the map entitled ``Navajo-Hopi Land + Settlement Act Selected Lands'' and dated April 2, 2015, are + cancelled. + (2) Authorization for new selection.-- + (A) In general.--Subject to subparagraphs (B), (C), and (D) + and paragraph (3), the Navajo Nation may make new land + selections in accordance with the Act referred to in paragraph + (1) to replace the land selections cancelled under that + paragraph. + (B) Acreage cap.--The total acreage of land selected under + subparagraph (A) shall not exceed 15,000 acres of land. + (C) Exclusions.--The following land shall not be eligible + for selection under subparagraph (A): + (i) Land within a unit of the National Landscape + Conservation System. + (ii) Land within-- + + (I) the Glade Run Recreation Area; + (II) the Fossil Forest Research Natural Area; or + (III) a special management area or area of critical + environmental concern identified in a land use plan + developed under section 202 of the Federal Land Policy + and Management Act of 1976 (43 U.S.C. 1712) that is in + effect on the date of enactment of this Act. + + (iii) Any land subject to a lease or contract under the + Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Act of + July 31, 1947 (commonly known as the ``Materials Act of + 1947'') (30 U.S.C. 601 et seq.) as of the date of the + selection. + (iv) Land not under the jurisdiction of the Bureau of + Land Management. + (v) Land identified as ``Parcels Excluded from + Selection'' on the map entitled ``Parcels excluded for + selection under the San Juan County Settlement + Implementation Act'' and dated December 14, 2018. + (D) Deadline.--Not later than 7 years after the date of + enactment of this Act, the Navajo Nation shall make all + selections under subparagraph (A). + (E) Withdrawal.--Any land selected by the Navajo Nation + under subparagraph (A) shall be withdrawn from disposal, + leasing, and development until the date on which the selected + land is placed into trust for the Navajo Nation. + (3) Equal value.-- + (A) In general.--Notwithstanding the acreage limitation in + the second proviso of section 11(c) of Public Law 93-531 + (commonly known as the ``Navajo-Hopi Land Settlement Act of + 1974'') (25 U.S.C. 640d-10(c)) and subject to paragraph (2)(B), + the value of the land selected under paragraph (2)(A) and the + land subject to selections cancellation under paragraph (1) + shall be equal, based on appraisals conducted under + subparagraph (B). + (B) Appraisals.-- + (i) In general.--The value of the land selected under + paragraph (2)(A) and the land subject to selections + cancelled under paragraph (1) shall be determined by + appraisals conducted in accordance with-- + + (I) the Uniform Appraisal Standards for Federal + Land Acquisitions; and + (II) the Uniform Standards of Professional + Appraisal Practice. + + (ii) Timing.-- + + (I) Land subject to selections cancelled.--Not + later than 18 months after the date of enactment of + this Act, the appraisal under clause (i) of the land + subject to selections cancelled under paragraph (1) + shall be completed. + (II) New selections.--The appraisals under clause + (i) of the land selected under paragraph (2)(A) shall + be completed as the Navajo Nation finalizes those land + selections. + + (4) Boundary.--For purposes of this subsection and the Act + referred to in paragraph (1), the present boundary of the Navajo + Reservation is depicted on the map entitled ``Navajo Nation + Boundary'' and dated November 16, 2015. (c) Designation of Ah-shi-sle-pah Wilderness.-- - (1) In general.--In accordance with the Wilderness Act (16 - U.S.C. 1131 et seq.), the approximately 7,242 acres of land as - generally depicted on the map entitled ``San Juan County - Wilderness Designations'' and dated April 2, 2015, is - designated as wilderness and as a component of the National - Wilderness Preservation System, which shall be known as the - ``Ah-shi-sle-pah Wilderness'' (referred to in this subsection - as the ``Wilderness''). - (2) Management.-- - (A) In general.--Subject to valid existing rights, - the Wilderness shall be administered by the Director of - the Bureau of Land Management in accordance with this - subsection and the Wilderness Act (16 U.S.C. 1131 et - seq.), except that any reference in that Act to the - effective date of that Act shall be considered to be a - reference to the date of enactment of this Act. - (B) Adjacent management.-- - (i) In general.--Congress does not intend - for the designation of the Wilderness to create - a protective perimeter or buffer zone around - the Wilderness. - (ii) Nonwilderness activities.--The fact - that nonwilderness activities or uses can be - seen or heard from areas within the Wilderness - shall not preclude the conduct of the - activities or uses outside the boundary of the - Wilderness. - (C) Incorporation of acquired land and interests in - land.--Any land or interest in land that is within the - boundary of the Wilderness that is acquired by the - United States shall-- - (i) become part of the Wilderness; and - (ii) be managed in accordance with-- - (I) the Wilderness Act (16 U.S.C. - 1131 et seq.); - (II) this subsection; and - (III) any other applicable laws. - (D) Grazing.--Grazing of livestock in the - Wilderness, where established before the date of - enactment of this Act, shall be allowed to continue in - accordance with-- - (i) section 4(d)(4) of the Wilderness Act - (16 U.S.C. 1133(d)(4)); and - (ii) the guidelines set forth in the report - of the Committee on Interior and Insular - Affairs of the House of Representatives - accompanying H.R. 5487 of the 96th Congress (H. - Rept. 96-617). - (3) Release of wilderness study areas.--Congress finds - that, for the purposes of section 603(c) of the Federal Land - Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land - within the Ah-shi-sle-pah Wilderness Study Area not designated - as wilderness by this subsection has been adequately studied - for wilderness designation and is no longer subject to section - 603(c) of the Federal Land Policy and Management Act of 1976 - (43 U.S.C. 1782(c)). - (d) Expansion of Bisti/De-Na-Zin Wilderness.-- - (1) In general.--There is designated as wilderness and as a - component of the National Wilderness Preservation System - certain Federal land comprising approximately 2,250 acres, as - generally depicted on the map entitled ``San Juan County - Wilderness Designations'' and dated April 2, 2015, which is - incorporated in and shall be considered to be a part of the - Bisti/De-Na-Zin Wilderness. - (2) Administration.--Subject to valid existing rights, the - land designated as wilderness by paragraph (1) shall be - administered by the Director of the Bureau of Land Management - (referred to in this subsection as the ``Director''), in - accordance with-- - (A) the Wilderness Act (16 U.S.C. 1131 et seq.), - except that any reference in that Act to the effective - date of that Act shall be considered to be a reference - to the date of enactment of this Act; and - (B) the San Juan Basin Wilderness Protection Act of - 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. - 4211). - (3) Adjacent management.-- - (A) In general.--Congress does not intend for the - designation of the land as wilderness by paragraph (1) - to create a protective perimeter or buffer zone around - that land. - (B) Nonwilderness activities.--The fact that - nonwilderness activities or uses can be seen or heard - from areas within the land designated as wilderness by - paragraph (1) shall not preclude the conduct of the - activities or uses outside the boundary of that land. - (4) Incorporation of acquired land and interests in land.-- + (1) In general.--In accordance with the Wilderness Act (16 + U.S.C. 1131 et seq.), the approximately 7,242 acres of land as + generally depicted on the map entitled ``San Juan County Wilderness + Designations'' and dated April 2, 2015, is designated as wilderness + and as a component of the National Wilderness Preservation System, + which shall be known as the ``Ah-shi-sle-pah Wilderness'' (referred + to in this subsection as the ``Wilderness''). + (2) Management.-- + (A) In general.--Subject to valid existing rights, the + Wilderness shall be administered by the Director of the Bureau + of Land Management in accordance with this subsection and the + Wilderness Act (16 U.S.C. 1131 et seq.), except that any + reference in that Act to the effective date of that Act shall + be considered to be a reference to the date of enactment of + this Act. + (B) Adjacent management.-- + (i) In general.--Congress does not intend for the + designation of the Wilderness to create a protective + perimeter or buffer zone around the Wilderness. + (ii) Nonwilderness activities.--The fact that + nonwilderness activities or uses can be seen or heard from + areas within the Wilderness shall not preclude the conduct + of the activities or uses outside the boundary of the + Wilderness. + (C) Incorporation of acquired land and interests in land.-- Any land or interest in land that is within the boundary of the - land designated as wilderness by paragraph (1) that is acquired - by the United States shall-- - (A) become part of the Bisti/De-Na-Zin Wilderness; - and - (B) be managed in accordance with-- - (i) the Wilderness Act (16 U.S.C. 1131 et - seq.); - (ii) the San Juan Basin Wilderness - Protection Act of 1984 (Public Law 98-603; 98 - Stat. 3155; 110 Stat. 4211); - (iii) this subsection; and - (iv) any other applicable laws. - (5) Grazing.--Grazing of livestock in the land designated - as wilderness by paragraph (1), where established before the - date of enactment of this Act, shall be allowed to continue in - accordance with-- - (A) section 4(d)(4) of the Wilderness Act (16 - U.S.C. 1133(d)(4)); and - (B) the guidelines set forth in the report of the - Committee on Interior and Insular Affairs of the House - of Representatives accompanying H.R. 5487 of the 96th - Congress (H. Rept. 96-617). + Wilderness that is acquired by the United States shall-- + (i) become part of the Wilderness; and + (ii) be managed in accordance with-- + + (I) the Wilderness Act (16 U.S.C. 1131 et seq.); + (II) this subsection; and + (III) any other applicable laws. + + (D) Grazing.--Grazing of livestock in the Wilderness, where + established before the date of enactment of this Act, shall be + allowed to continue in accordance with-- + (i) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); and + (ii) the guidelines set forth in the report of the + Committee on Interior and Insular Affairs of the House of + Representatives accompanying H.R. 5487 of the 96th Congress + (H. Rept. 96-617). + (3) Release of wilderness study areas.--Congress finds that, + for the purposes of section 603(c) of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Ah- + shi-sle-pah Wilderness Study Area not designated as wilderness by + this subsection has been adequately studied for wilderness + designation and is no longer subject to section 603(c) of the + Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). + (d) Expansion of Bisti/De-Na-Zin Wilderness.-- + (1) In general.--There is designated as wilderness and as a + component of the National Wilderness Preservation System certain + Federal land comprising approximately 2,250 acres, as generally + depicted on the map entitled ``San Juan County Wilderness + Designations'' and dated April 2, 2015, which is incorporated in + and shall be considered to be a part of the Bisti/De-Na-Zin + Wilderness. + (2) Administration.--Subject to valid existing rights, the land + designated as wilderness by paragraph (1) shall be administered by + the Director of the Bureau of Land Management (referred to in this + subsection as the ``Director''), in accordance with-- + (A) the Wilderness Act (16 U.S.C. 1131 et seq.), except + that any reference in that Act to the effective date of that + Act shall be considered to be a reference to the date of + enactment of this Act; and + (B) the San Juan Basin Wilderness Protection Act of 1984 + (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211). + (3) Adjacent management.-- + (A) In general.--Congress does not intend for the + designation of the land as wilderness by paragraph (1) to + create a protective perimeter or buffer zone around that land. + (B) Nonwilderness activities.--The fact that nonwilderness + activities or uses can be seen or heard from areas within the + land designated as wilderness by paragraph (1) shall not + preclude the conduct of the activities or uses outside the + boundary of that land. + (4) Incorporation of acquired land and interests in land.--Any + land or interest in land that is within the boundary of the land + designated as wilderness by paragraph (1) that is acquired by the + United States shall-- + (A) become part of the Bisti/De-Na-Zin Wilderness; and + (B) be managed in accordance with-- + (i) the Wilderness Act (16 U.S.C. 1131 et seq.); + (ii) the San Juan Basin Wilderness Protection Act of + 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211); + (iii) this subsection; and + (iv) any other applicable laws. + (5) Grazing.--Grazing of livestock in the land designated as + wilderness by paragraph (1), where established before the date of + enactment of this Act, shall be allowed to continue in accordance + with-- + (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); and + (B) the guidelines set forth in the report of the Committee + on Interior and Insular Affairs of the House of Representatives + accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (e) Road Maintenance.-- - (1) In general.--Subject to paragraph (2), the Secretary, - acting through the Director of the Bureau of Indian Affairs, - shall ensure that L-54 between I-40 and Alamo, New Mexico, is - maintained in a condition that is safe for motorized use. - (2) Use of funds.--In carrying out paragraph (1), the - Secretary and the Director of the Bureau of Indian Affairs may - not require any Indian Tribe to use any funds-- - (A) owned by the Indian Tribe; or - (B) provided to the Indian Tribe pursuant to a - contract under the Indian Self-Determination and - Education Assistance Act (25 U.S.C. 5304 et seq.). - (3) Road upgrade.-- - (A) In general.--Nothing in this subsection - requires the Secretary or any Indian Tribe to upgrade - the condition of L-54 as of the date of enactment of - this Act. - (B) Written agreement.--An upgrade to L-54 may not - be made without the written agreement of the Pueblo of - Laguna. - (4) Inventory.--Nothing in this subsection requires L-54 to - be placed on the National Tribal Transportation Facility - Inventory. - + (1) In general.--Subject to paragraph (2), the Secretary, + acting through the Director of the Bureau of Indian Affairs, shall + ensure that L-54 between I-40 and Alamo, New Mexico, is maintained + in a condition that is safe for motorized use. + (2) Use of funds.--In carrying out paragraph (1), the Secretary + and the Director of the Bureau of Indian Affairs may not require + any Indian Tribe to use any funds-- + (A) owned by the Indian Tribe; or + (B) provided to the Indian Tribe pursuant to a contract + under the Indian Self-Determination and Education Assistance + Act (25 U.S.C. 5304 et seq.). + (3) Road upgrade.-- + (A) In general.--Nothing in this subsection requires the + Secretary or any Indian Tribe to upgrade the condition of L-54 + as of the date of enactment of this Act. + (B) Written agreement.--An upgrade to L-54 may not be made + without the written agreement of the Pueblo of Laguna. + (4) Inventory.--Nothing in this subsection requires L-54 to be + placed on the National Tribal Transportation Facility Inventory. SEC. 1122. RIO PUERCO WATERSHED MANAGEMENT PROGRAM. - (a) Reauthorization of the Rio Puerco Management Committee.-- Section 401(b)(4) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4147; 123 Stat. 1108) is amended by striking ``Omnibus Public Land Management Act of -2009'' and inserting ``Natural Resources Management Act''. +2009'' and inserting ``John D. Dingell, Jr. Conservation, Management, +and Recreation Act''. (b) Reauthorization of the Rio Puerco Watershed Management Program.--Section 401(e) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4148; 123 Stat. 1108) is amended by striking ``Omnibus Public Land Management Act -of 2009'' and inserting ``Natural Resources Management Act''. - +of 2009'' and inserting ``John D. Dingell, Jr. Conservation, +Management, and Recreation Act''. SEC. 1123. ASHLEY SPRINGS LAND CONVEYANCE. - (a) Conveyance.--Subject to valid existing rights, at the request of Uintah County, Utah (referred to in this section as the ``County''), the Secretary shall convey to the County, without consideration, the @@ -3695,13 +3406,13 @@ approximately 791 acres of public land administered by the Bureau of Land Management, as generally depicted on the map entitled ``Ashley Springs Property'' and dated February 4, 2019, subject to the following restrictions: - (1) The conveyed land shall be managed as open space to - protect the watershed and underground karst system and aquifer. - (2) Mining or any form of mineral development on the - conveyed land is prohibited. - (3) The County shall allow for non-motorized public - recreation access on the conveyed land. - (4) No new roads may be constructed on the conveyed land. + (1) The conveyed land shall be managed as open space to protect + the watershed and underground karst system and aquifer. + (2) Mining or any form of mineral development on the conveyed + land is prohibited. + (3) The County shall allow for non-motorized public recreation + access on the conveyed land. + (4) No new roads may be constructed on the conveyed land. (b) Reversion.--A conveyance under subsection (a) shall include a reversionary clause to ensure that management of the land described in that subsection shall revert to the Secretary if the land is no longer @@ -3712,657 +3423,575 @@ being managed in accordance with that subsection. PART I--GENERAL PROVISIONS SEC. 1201. ORGAN MOUNTAINS-DESERT PEAKS CONSERVATION. - (a) Definitions.--In this section: - (1) Monument.--The term ``Monument'' means the Organ - Mountains-Desert Peaks National Monument established by - Presidential Proclamation 9131 (79 Fed. Reg. 30431). - (2) State.--The term ``State'' means the State of New - Mexico. - (3) Wilderness area.--The term ``wilderness area'' means a - wilderness area designated by subsection (b)(1). + (1) Monument.--The term ``Monument'' means the Organ Mountains- + Desert Peaks National Monument established by Presidential + Proclamation 9131 (79 Fed. Reg. 30431). + (2) State.--The term ``State'' means the State of New Mexico. + (3) Wilderness area.--The term ``wilderness area'' means a + wilderness area designated by subsection (b)(1). (b) Designation of Wilderness Areas.-- - (1) In general.--In accordance with the Wilderness Act (16 - U.S.C. 1131 et seq.), the following areas in the State are - designated as wilderness and as components of the National - Wilderness Preservation System: - (A) Aden lava flow wilderness.--Certain land - administered by the Bureau of Land Management in Dona - Ana County comprising approximately 27,673 acres, as - generally depicted on the map entitled ``Potrillo - Mountains Complex'' and dated September 27, 2018, which - shall be known as the ``Aden Lava Flow Wilderness''. - (B) Broad canyon wilderness.--Certain land - administered by the Bureau of Land Management in Dona - Ana County comprising approximately 13,902 acres, as - generally depicted on the map entitled ``Desert Peaks - Complex'' and dated October 1, 2018, which shall be - known as the ``Broad Canyon Wilderness''. - (C) Cinder cone wilderness.--Certain land - administered by the Bureau of Land Management in Dona - Ana County comprising approximately 16,935 acres, as - generally depicted on the map entitled ``Potrillo - Mountains Complex'' and dated September 27, 2018, which - shall be known as the ``Cinder Cone Wilderness''. - (D) East potrillo mountains wilderness.--Certain - land administered by the Bureau of Land Management in - Dona Ana and Luna counties comprising approximately - 12,155 acres, as generally depicted on the map entitled - ``Potrillo Mountains Complex'' and dated September 27, - 2018, which shall be known as the ``East Potrillo - Mountains Wilderness''. - (E) Mount riley wilderness.--Certain land - administered by the Bureau of Land Management in Dona - Ana and Luna counties comprising approximately 8,382 - acres, as generally depicted on the map entitled - ``Potrillo Mountains Complex'' and dated September 27, - 2018, which shall be known as the ``Mount Riley - Wilderness''. - (F) Organ mountains wilderness.--Certain land - administered by the Bureau of Land Management in Dona - Ana County comprising approximately 19,916 acres, as - generally depicted on the map entitled ``Organ - Mountains Area'' and dated September 21, 2016, which - shall be known as the ``Organ Mountains Wilderness'', - the boundary of which shall be offset 400 feet from the - centerline of Dripping Springs Road in T. 23 S., R. 04 - E., sec. 7, New Mexico Principal Meridian. - (G) Potrillo mountains wilderness.--Certain land - administered by the Bureau of Land Management in Dona - Ana and Luna counties comprising approximately 105,085 - acres, as generally depicted on the map entitled - ``Potrillo Mountains Complex'' and dated September 27, - 2018, which shall be known as the ``Potrillo Mountains - Wilderness''. - (H) Robledo mountains wilderness.--Certain land - administered by the Bureau of Land Management in Dona - Ana County comprising approximately 16,776 acres, as - generally depicted on the map entitled ``Desert Peaks - Complex'' and dated October 1, 2018, which shall be - known as the ``Robledo Mountains Wilderness''. - (I) Sierra de las uvas wilderness.--Certain land - administered by the Bureau of Land Management in Dona - Ana County comprising approximately 11,114 acres, as - generally depicted on the map entitled ``Desert Peaks - Complex'' and dated October 1, 2018, which shall be - known as the ``Sierra de las Uvas Wilderness''. - (J) Whitethorn wilderness.--Certain land - administered by the Bureau of Land Management in Dona - Ana and Luna counties comprising approximately 9,616 - acres, as generally depicted on the map entitled - ``Potrillo Mountains Complex'' and dated September 27, - 2018, which shall be known as the ``Whitethorn - Wilderness''. - (2) Maps and legal descriptions.-- - (A) In general.--As soon as practicable after the - date of enactment of this Act, the Secretary shall file - maps and legal descriptions of the wilderness areas - with-- - (i) the Committee on Energy and Natural - Resources of the Senate; and - (ii) the Committee on Natural Resources of - the House of Representatives. - (B) Force of law.--The maps and legal descriptions - filed under subparagraph (A) shall have the same force - and effect as if included in this section, except that - the Secretary may correct errors in the maps and legal - descriptions. - (C) Public availability.--The maps and legal - descriptions filed under subparagraph (A) shall be on - file and available for public inspection in the - appropriate offices of the Bureau of Land Management. - (3) Management.--Subject to valid existing rights, the - wilderness areas shall be administered by the Secretary-- - (A) as components of the National Landscape - Conservation System; and - (B) in accordance with-- - (i) this section; and - (ii) the Wilderness Act (16 U.S.C. 1131 et - seq.), except that-- - (I) any reference in the Wilderness - Act to the effective date of that Act - shall be considered to be a reference - to the date of enactment of this Act; - and - (II) any reference in the - Wilderness Act to the Secretary of - Agriculture shall be considered to be a - reference to the Secretary. - (4) Incorporation of acquired land and interests in land.-- - Any land or interest in land that is within the boundary of a - wilderness area that is acquired by the United States shall-- - (A) become part of the wilderness area within the - boundaries of which the land is located; and - (B) be managed in accordance with-- - (i) the Wilderness Act (16 U.S.C. 1131 et - seq.); - (ii) this section; and - (iii) any other applicable laws. - (5) Grazing.--Grazing of livestock in the wilderness areas, - where established before the date of enactment of this Act, - shall be administered in accordance with-- - (A) section 4(d)(4) of the Wilderness Act (16 - U.S.C. 1133(d)(4)); and - (B) the guidelines set forth in Appendix A of the - Report of the Committee on Interior and Insular Affairs - to accompany H.R. 2570 of the 101st Congress (H. Rept. - 101-405). - (6) Military overflights.--Nothing in this subsection - restricts or precludes-- - (A) low-level overflights of military aircraft over - the wilderness areas, including military overflights - that can be seen or heard within the wilderness areas; - (B) the designation of new units of special - airspace over the wilderness areas; or - (C) the use or establishment of military flight - training routes over the wilderness areas. - (7) Buffer zones.-- - (A) In general.--Nothing in this subsection creates - a protective perimeter or buffer zone around any - wilderness area. - (B) Activities outside wilderness areas.--The fact - that an activity or use on land outside any wilderness - area can be seen or heard within the wilderness area - shall not preclude the activity or use outside the - boundary of the wilderness area. - (8) Paragliding.--The use of paragliding within areas of - the East Potrillo Mountains Wilderness designated by paragraph - (1)(D) in which the use has been established before the date of - enactment of this Act, shall be allowed to continue in - accordance with section 4(d)(1) of the Wilderness Act (16 - U.S.C. 1133(d)(1)), subject to any terms and conditions that - the Secretary determines to be necessary. - (9) Climatologic data collection.--Subject to such terms - and conditions as the Secretary may prescribe, nothing in this - section precludes the installation and maintenance of - hydrologic, meteorologic, or climatologic collection devices in - wilderness areas if the facilities and access to the facilities - are essential to flood warning, flood control, or water - reservoir operation activities. - (10) Fish and wildlife.--Nothing in this section affects - the jurisdiction of the State with respect to fish and wildlife - located on public land in the State, except that the Secretary, - after consultation with the New Mexico Department of Game and - Fish, may designate zones where, and establish periods during - which, no hunting or fishing shall be permitted for reasons of - public safety, administration, or compliance with applicable - law. - (11) Withdrawals.-- - (A) In general.--Subject to valid existing rights, - the Federal land within the wilderness areas and any - land or interest in land that is acquired by the United - States in the wilderness areas after the date of - enactment of this Act is withdrawn from-- - (i) entry, appropriation, or disposal under - the public land laws; - (ii) location, entry, and patent under the + (1) In general.--In accordance with the Wilderness Act (16 + U.S.C. 1131 et seq.), the following areas in the State are + designated as wilderness and as components of the National + Wilderness Preservation System: + (A) Aden lava flow wilderness.--Certain land administered + by the Bureau of Land Management in Dona Ana County comprising + approximately 27,673 acres, as generally depicted on the map + entitled ``Potrillo Mountains Complex'' and dated September 27, + 2018, which shall be known as the ``Aden Lava Flow + Wilderness''. + (B) Broad canyon wilderness.--Certain land administered by + the Bureau of Land Management in Dona Ana County comprising + approximately 13,902 acres, as generally depicted on the map + entitled ``Desert Peaks Complex'' and dated October 1, 2018, + which shall be known as the ``Broad Canyon Wilderness''. + (C) Cinder cone wilderness.--Certain land administered by + the Bureau of Land Management in Dona Ana County comprising + approximately 16,935 acres, as generally depicted on the map + entitled ``Potrillo Mountains Complex'' and dated September 27, + 2018, which shall be known as the ``Cinder Cone Wilderness''. + (D) East potrillo mountains wilderness.--Certain land + administered by the Bureau of Land Management in Dona Ana and + Luna counties comprising approximately 12,155 acres, as + generally depicted on the map entitled ``Potrillo Mountains + Complex'' and dated September 27, 2018, which shall be known as + the ``East Potrillo Mountains Wilderness''. + (E) Mount riley wilderness.--Certain land administered by + the Bureau of Land Management in Dona Ana and Luna counties + comprising approximately 8,382 acres, as generally depicted on + the map entitled ``Potrillo Mountains Complex'' and dated + September 27, 2018, which shall be known as the ``Mount Riley + Wilderness''. + (F) Organ mountains wilderness.--Certain land administered + by the Bureau of Land Management in Dona Ana County comprising + approximately 19,916 acres, as generally depicted on the map + entitled ``Organ Mountains Area'' and dated September 21, 2016, + which shall be known as the ``Organ Mountains Wilderness'', the + boundary of which shall be offset 400 feet from the centerline + of Dripping Springs Road in T. 23 S., R. 04 E., sec. 7, New + Mexico Principal Meridian. + (G) Potrillo mountains wilderness.--Certain land + administered by the Bureau of Land Management in Dona Ana and + Luna counties comprising approximately 105,085 acres, as + generally depicted on the map entitled ``Potrillo Mountains + Complex'' and dated September 27, 2018, which shall be known as + the ``Potrillo Mountains Wilderness''. + (H) Robledo mountains wilderness.--Certain land + administered by the Bureau of Land Management in Dona Ana + County comprising approximately 16,776 acres, as generally + depicted on the map entitled ``Desert Peaks Complex'' and dated + October 1, 2018, which shall be known as the ``Robledo + Mountains Wilderness''. + (I) Sierra de las uvas wilderness.--Certain land + administered by the Bureau of Land Management in Dona Ana + County comprising approximately 11,114 acres, as generally + depicted on the map entitled ``Desert Peaks Complex'' and dated + October 1, 2018, which shall be known as the ``Sierra de las + Uvas Wilderness''. + (J) Whitethorn wilderness.--Certain land administered by + the Bureau of Land Management in Dona Ana and Luna counties + comprising approximately 9,616 acres, as generally depicted on + the map entitled ``Potrillo Mountains Complex'' and dated + September 27, 2018, which shall be known as the ``Whitethorn + Wilderness''. + (2) Maps and legal descriptions.-- + (A) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file maps and legal + descriptions of the wilderness areas with-- + (i) the Committee on Energy and Natural Resources of + the Senate; and + (ii) the Committee on Natural Resources of the House of + Representatives. + (B) Force of law.--The maps and legal descriptions filed + under subparagraph (A) shall have the same force and effect as + if included in this section, except that the Secretary may + correct errors in the maps and legal descriptions. + (C) Public availability.--The maps and legal descriptions + filed under subparagraph (A) shall be on file and available for + public inspection in the appropriate offices of the Bureau of + Land Management. + (3) Management.--Subject to valid existing rights, the + wilderness areas shall be administered by the Secretary-- + (A) as components of the National Landscape Conservation + System; and + (B) in accordance with-- + (i) this section; and + (ii) the Wilderness Act (16 U.S.C. 1131 et seq.), + except that-- + + (I) any reference in the Wilderness Act to the + effective date of that Act shall be considered to be a + reference to the date of enactment of this Act; and + (II) any reference in the Wilderness Act to the + Secretary of Agriculture shall be considered to be a + reference to the Secretary. + + (4) Incorporation of acquired land and interests in land.--Any + land or interest in land that is within the boundary of a + wilderness area that is acquired by the United States shall-- + (A) become part of the wilderness area within the + boundaries of which the land is located; and + (B) be managed in accordance with-- + (i) the Wilderness Act (16 U.S.C. 1131 et seq.); + (ii) this section; and + (iii) any other applicable laws. + (5) Grazing.--Grazing of livestock in the wilderness areas, + where established before the date of enactment of this Act, shall + be administered in accordance with-- + (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); and + (B) the guidelines set forth in Appendix A of the Report of + the Committee on Interior and Insular Affairs to accompany H.R. + 2570 of the 101st Congress (H. Rept. 101-405). + (6) Military overflights.--Nothing in this subsection restricts + or precludes-- + (A) low-level overflights of military aircraft over the + wilderness areas, including military overflights that can be + seen or heard within the wilderness areas; + (B) the designation of new units of special airspace over + the wilderness areas; or + (C) the use or establishment of military flight training + routes over the wilderness areas. + (7) Buffer zones.-- + (A) In general.--Nothing in this subsection creates a + protective perimeter or buffer zone around any wilderness area. + (B) Activities outside wilderness areas.--The fact that an + activity or use on land outside any wilderness area can be seen + or heard within the wilderness area shall not preclude the + activity or use outside the boundary of the wilderness area. + (8) Paragliding.--The use of paragliding within areas of the + East Potrillo Mountains Wilderness designated by paragraph (1)(D) + in which the use has been established before the date of enactment + of this Act, shall be allowed to continue in accordance with + section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), + subject to any terms and conditions that the Secretary determines + to be necessary. + (9) Climatologic data collection.--Subject to such terms and + conditions as the Secretary may prescribe, nothing in this section + precludes the installation and maintenance of hydrologic, + meteorologic, or climatologic collection devices in wilderness + areas if the facilities and access to the facilities are essential + to flood warning, flood control, or water reservoir operation + activities. + (10) Fish and wildlife.--Nothing in this section affects the + jurisdiction of the State with respect to fish and wildlife located + on public land in the State, except that the Secretary, after + consultation with the New Mexico Department of Game and Fish, may + designate zones where, and establish periods during which, no + hunting or fishing shall be permitted for reasons of public safety, + administration, or compliance with applicable law. + (11) Withdrawals.-- + (A) In general.--Subject to valid existing rights, the + Federal land within the wilderness areas and any land or + interest in land that is acquired by the United States in the + wilderness areas after the date of enactment of this Act is + withdrawn from-- + (i) entry, appropriation, or disposal under the public + land laws; + (ii) location, entry, and patent under the mining laws; + and + (iii) operation of the mineral leasing, mineral + materials, and geothermal leasing laws. + (B) Parcel b.--The approximately 6,498 acres of land + generally depicted as ``Parcel B'' on the map entitled ``Organ + Mountains Area'' and dated September 21, 2016, is withdrawn in + accordance with subparagraph (A), except that the land is not + withdrawn for purposes of the issuance of oil and gas pipeline + or road rights-of-way. + (C) Parcel c.--The approximately 1,297 acres of land + generally depicted as ``Parcel C'' on the map entitled ``Organ + Mountains Area'' and dated September 21, 2016, is withdrawn in + accordance with subparagraph (A), except that the land is not + withdrawn from disposal under the Act of June 14, 1926 + (commonly known as the ``Recreation and Public Purposes Act'') + (43 U.S.C. 869 et seq.). + (D) Parcel d.-- + (i) In general.--The Secretary of the Army shall allow + for the conduct of certain recreational activities on the + approximately 2,035 acres of land generally depicted as + ``Parcel D'' on the map entitled ``Organ Mountains Area'' + and dated September 21, 2016 (referred to in this paragraph + as the ``parcel''), which is a portion of the public land + withdrawn and reserved for military purposes by Public Land + Order 833 dated May 21, 1952 (17 Fed. Reg. 4822). + (ii) Outdoor recreation plan.-- + + (I) In general.--The Secretary of the Army shall + develop a plan for public outdoor recreation on the + parcel that is consistent with the primary military + mission of the parcel. + (II) Requirement.--In developing the plan under + subclause (I), the Secretary of the Army shall ensure, + to the maximum extent practicable, that outdoor + recreation activities may be conducted on the parcel, + including hunting, hiking, wildlife viewing, and + camping. + + (iii) Closures.--The Secretary of the Army may close + the parcel or any portion of the parcel to the public as + the Secretary of the Army determines to be necessary to + protect-- + + (I) public safety; or + (II) the safety of the military members training on + the parcel. + + (iv) Transfer of administrative jurisdiction; + withdrawal.-- + + (I) In general.--On a determination by the + Secretary of the Army that military training + capabilities, personnel safety, and installation + security would not be hindered as a result of the + transfer to the Secretary of administrative + jurisdiction over the parcel, the Secretary of the Army + shall transfer to the Secretary administrative + jurisdiction over the parcel. + (II) Withdrawal.--On transfer of the parcel under + subclause (I), the parcel shall be-- + + (aa) under the jurisdiction of the Director of + the Bureau of Land Management; and + (bb) withdrawn from-- + (AA) entry, appropriation, or disposal + under the public land laws; + (BB) location, entry, and patent under the mining laws; and - (iii) operation of the mineral leasing, + (CC) operation of the mineral leasing, mineral materials, and geothermal leasing laws. - (B) Parcel b.--The approximately 6,498 acres of - land generally depicted as ``Parcel B'' on the map - entitled ``Organ Mountains Area'' and dated September - 21, 2016, is withdrawn in accordance with subparagraph - (A), except that the land is not withdrawn for purposes - of the issuance of oil and gas pipeline or road rights- - of-way. - (C) Parcel c.--The approximately 1,297 acres of - land generally depicted as ``Parcel C'' on the map - entitled ``Organ Mountains Area'' and dated September - 21, 2016, is withdrawn in accordance with subparagraph - (A), except that the land is not withdrawn from - disposal under the Act of June 14, 1926 (commonly known - as the ``Recreation and Public Purposes Act'') (43 - U.S.C. 869 et seq.). - (D) Parcel d.-- - (i) In general.--The Secretary of the Army - shall allow for the conduct of certain - recreational activities on the approximately - 2,035 acres of land generally depicted as - ``Parcel D'' on the map entitled ``Organ - Mountains Area'' and dated September 21, 2016 - (referred to in this paragraph as the - ``parcel''), which is a portion of the public - land withdrawn and reserved for military - purposes by Public Land Order 833 dated May 21, - 1952 (17 Fed. Reg. 4822). - (ii) Outdoor recreation plan.-- - (I) In general.--The Secretary of - the Army shall develop a plan for - public outdoor recreation on the parcel - that is consistent with the primary - military mission of the parcel. - (II) Requirement.--In developing - the plan under subclause (I), the - Secretary of the Army shall ensure, to - the maximum extent practicable, that - outdoor recreation activities may be - conducted on the parcel, including - hunting, hiking, wildlife viewing, and - camping. - (iii) Closures.--The Secretary of the Army - may close the parcel or any portion of the - parcel to the public as the Secretary of the - Army determines to be necessary to protect-- - (I) public safety; or - (II) the safety of the military - members training on the parcel. - (iv) Transfer of administrative - jurisdiction; withdrawal.-- - (I) In general.--On a determination - by the Secretary of the Army that - military training capabilities, - personnel safety, and installation - security would not be hindered as a - result of the transfer to the Secretary - of administrative jurisdiction over the - parcel, the Secretary of the Army shall - transfer to the Secretary - administrative jurisdiction over the - parcel. - (II) Withdrawal.--On transfer of - the parcel under subclause (I), the - parcel shall be-- - (aa) under the jurisdiction - of the Director of the Bureau - of Land Management; and - (bb) withdrawn from-- - - (AA) entry, - appropriation, or - disposal under the - public land laws; - - (BB) location, - entry, and patent under - the mining laws; and - - (CC) operation of - the mineral leasing, - mineral materials, and - geothermal leasing - laws. - - (III) Reservation.--On transfer - under subclause (I), the parcel shall - be reserved for management of the - resources of, and military training - conducted on, the parcel in accordance - with a memorandum of understanding - entered into under clause (v). - (v) Memorandum of understanding relating to - military training.-- - (I) In general.--If, after the - transfer of the parcel under clause - (iv)(I), the Secretary of the Army - requests that the Secretary enter into - a memorandum of understanding, the - Secretary shall enter into a memorandum - of understanding with the Secretary of - the Army providing for the conduct of - military training on the parcel. - (II) Requirements.--The memorandum - of understanding entered into under - subclause (I) shall-- - (aa) address the location, - frequency, and type of training - activities to be conducted on - the parcel; - (bb) provide to the - Secretary of the Army access to - the parcel for the conduct of - military training; - (cc) authorize the - Secretary or the Secretary of - the Army to close the parcel or - a portion of the parcel to the - public as the Secretary or the - Secretary of the Army - determines to be necessary to - protect-- - - (AA) public safety; - or - - (BB) the safety of - the military members - training; and - - (dd) to the maximum extent - practicable, provide for the - protection of natural, - historic, and cultural - resources in the area of the - parcel. - (vi) Military overflights.--Nothing in this - subparagraph restricts or precludes-- - (I) low-level overflights of - military aircraft over the parcel, - including military overflights that can - be seen or heard within the parcel; - (II) the designation of new units - of special airspace over the parcel; or - (III) the use or establishment of - military flight training routes over - the parcel. - (12) Robledo mountains.-- - (A) In general.--The Secretary shall manage the - Federal land described in subparagraph (B) in a manner - that preserves the character of the land for the future - inclusion of the land in the National Wilderness - Preservation System. - (B) Land description.--The land referred to in - subparagraph (A) is certain land administered by the - Bureau of Land Management, comprising approximately 100 - acres as generally depicted as ``Lookout Peak - Communication Site'' on the map entitled ``Desert Peaks - Complex'' and dated October 1, 2018. - (C) Uses.--The Secretary shall permit only such - uses on the land described in subparagraph (B) as were - permitted on the date of enactment of this Act. - (13) Release of wilderness study areas.--Congress finds - that, for purposes of section 603(c) of the Federal Land Policy - and Management Act of 1976 (43 U.S.C. 1782(c)), the public land - in Dona Ana County administered by the Bureau of Land - Management not designated as wilderness by paragraph (1) or - described in paragraph (12)-- - (A) has been adequately studied for wilderness - designation; - (B) is no longer subject to section 603(c) of the - Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1782(c)); and - (C) shall be managed in accordance with-- - (i) the Federal Land Policy and Management - Act of 1976 (43 U.S.C. 1701 et seq.); - (ii) this section; and - (iii) any other applicable laws. - (14) Private land.--In accordance with section 5 of the - Wilderness Act (16 U.S.C. 1134), the Secretary shall ensure - adequate access to non-Federal land located within the boundary - of a wilderness area. + + (III) Reservation.--On transfer under subclause + (I), the parcel shall be reserved for management of the + resources of, and military training conducted on, the + parcel in accordance with a memorandum of understanding + entered into under clause (v). + + (v) Memorandum of understanding relating to military + training.-- + + (I) In general.--If, after the transfer of the + parcel under clause (iv)(I), the Secretary of the Army + requests that the Secretary enter into a memorandum of + understanding, the Secretary shall enter into a + memorandum of understanding with the Secretary of the + Army providing for the conduct of military training on + the parcel. + (II) Requirements.--The memorandum of understanding + entered into under subclause (I) shall-- + + (aa) address the location, frequency, and type + of training activities to be conducted on the + parcel; + (bb) provide to the Secretary of the Army + access to the parcel for the conduct of military + training; + (cc) authorize the Secretary or the Secretary + of the Army to close the parcel or a portion of the + parcel to the public as the Secretary or the + Secretary of the Army determines to be necessary to + protect-- + (AA) public safety; or + (BB) the safety of the military members + training; and + (dd) to the maximum extent practicable, provide + for the protection of natural, historic, and + cultural resources in the area of the parcel. + (vi) Military overflights.--Nothing in this + subparagraph restricts or precludes-- + + (I) low-level overflights of military aircraft over + the parcel, including military overflights that can be + seen or heard within the parcel; + (II) the designation of new units of special + airspace over the parcel; or + (III) the use or establishment of military flight + training routes over the parcel. + + (12) Robledo mountains.-- + (A) In general.--The Secretary shall manage the Federal + land described in subparagraph (B) in a manner that preserves + the character of the land for the future inclusion of the land + in the National Wilderness Preservation System. + (B) Land description.--The land referred to in subparagraph + (A) is certain land administered by the Bureau of Land + Management, comprising approximately 100 acres as generally + depicted as ``Lookout Peak Communication Site'' on the map + entitled ``Desert Peaks Complex'' and dated October 1, 2018. + (C) Uses.--The Secretary shall permit only such uses on the + land described in subparagraph (B) as were permitted on the + date of enactment of this Act. + (13) Release of wilderness study areas.--Congress finds that, + for purposes of section 603(c) of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1782(c)), the public land in Dona + Ana County administered by the Bureau of Land Management not + designated as wilderness by paragraph (1) or described in paragraph + (12)-- + (A) has been adequately studied for wilderness designation; + (B) is no longer subject to section 603(c) of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and + (C) shall be managed in accordance with-- + (i) the Federal Land Policy and Management Act of 1976 + (43 U.S.C. 1701 et seq.); + (ii) this section; and + (iii) any other applicable laws. + (14) Private land.--In accordance with section 5 of the + Wilderness Act (16 U.S.C. 1134), the Secretary shall ensure + adequate access to non-Federal land located within the boundary of + a wilderness area. (c) Border Security.-- - (1) In general.--Nothing in this section-- - (A) prevents the Secretary of Homeland Security - from undertaking law enforcement and border security - activities, in accordance with section 4(c) of the - Wilderness Act (16 U.S.C. 1133(c)), within the - wilderness areas, including the ability to use - motorized access within a wilderness area while in - pursuit of a suspect; - (B) affects the 2006 Memorandum of Understanding - among the Department of Homeland Security, the - Department of the Interior, and the Department of - Agriculture regarding cooperative national security and - counterterrorism efforts on Federal land along the - borders of the United States; or - (C) prevents the Secretary of Homeland Security - from conducting any low-level overflights over the - wilderness areas that may be necessary for law - enforcement and border security purposes. - (2) Withdrawal and administration of certain area.-- - (A) Withdrawal.--The area identified as ``Parcel - A'' on the map entitled ``Potrillo Mountains Complex'' - and dated September 27, 2018, is withdrawn in - accordance with subsection (b)(11)(A). - (B) Administration.--Except as provided in - subparagraphs (C) and (D), the Secretary shall - administer the area described in subparagraph (A) in a - manner that, to the maximum extent practicable, - protects the wilderness character of the area. - (C) Use of motor vehicles.--The use of motor - vehicles, motorized equipment, and mechanical transport - shall be prohibited in the area described in - subparagraph (A) except as necessary for-- - (i) the administration of the area - (including the conduct of law enforcement and - border security activities in the area); or - (ii) grazing uses by authorized permittees. - (D) Effect of subsection.--Nothing in this - paragraph precludes the Secretary from allowing within - the area described in subparagraph (A) the installation - and maintenance of communication or surveillance - infrastructure necessary for law enforcement or border - security activities. - (3) Restricted route.--The route excluded from the Potrillo - Mountains Wilderness identified as ``Restricted--Administrative - Access'' on the map entitled ``Potrillo Mountains Complex'' and - dated September 27, 2018, shall be-- - (A) closed to public access; but - (B) available for administrative and law - enforcement uses, including border security activities. + (1) In general.--Nothing in this section-- + (A) prevents the Secretary of Homeland Security from + undertaking law enforcement and border security activities, in + accordance with section 4(c) of the Wilderness Act (16 U.S.C. + 1133(c)), within the wilderness areas, including the ability to + use motorized access within a wilderness area while in pursuit + of a suspect; + (B) affects the 2006 Memorandum of Understanding among the + Department of Homeland Security, the Department of the + Interior, and the Department of Agriculture regarding + cooperative national security and counterterrorism efforts on + Federal land along the borders of the United States; or + (C) prevents the Secretary of Homeland Security from + conducting any low-level overflights over the wilderness areas + that may be necessary for law enforcement and border security + purposes. + (2) Withdrawal and administration of certain area.-- + (A) Withdrawal.--The area identified as ``Parcel A'' on the + map entitled ``Potrillo Mountains Complex'' and dated September + 27, 2018, is withdrawn in accordance with subsection + (b)(11)(A). + (B) Administration.--Except as provided in subparagraphs + (C) and (D), the Secretary shall administer the area described + in subparagraph (A) in a manner that, to the maximum extent + practicable, protects the wilderness character of the area. + (C) Use of motor vehicles.--The use of motor vehicles, + motorized equipment, and mechanical transport shall be + prohibited in the area described in subparagraph (A) except as + necessary for-- + (i) the administration of the area (including the + conduct of law enforcement and border security activities + in the area); or + (ii) grazing uses by authorized permittees. + (D) Effect of subsection.--Nothing in this paragraph + precludes the Secretary from allowing within the area described + in subparagraph (A) the installation and maintenance of + communication or surveillance infrastructure necessary for law + enforcement or border security activities. + (3) Restricted route.--The route excluded from the Potrillo + Mountains Wilderness identified as ``Restricted--Administrative + Access'' on the map entitled ``Potrillo Mountains Complex'' and + dated September 27, 2018, shall be-- + (A) closed to public access; but + (B) available for administrative and law enforcement uses, + including border security activities. (d) Organ Mountains-desert Peaks National Monument.-- - (1) Management plan.--In preparing and implementing the - management plan for the Monument, the Secretary shall include a - watershed health assessment to identify opportunities for - watershed restoration. - (2) Incorporation of acquired state trust land and - interests in state trust land.-- - (A) In general.--Any land or interest in land that - is within the State trust land described in - subparagraph (B) that is acquired by the United States - shall-- - (i) become part of the Monument; and - (ii) be managed in accordance with-- - (I) Presidential Proclamation 9131 - (79 Fed. Reg. 30431); - (II) this section; and - (III) any other applicable laws. - (B) Description of state trust land.--The State - trust land referred to in subparagraph (A) is the State - trust land in T. 22 S., R 01 W., New Mexico Principal - Meridian and T. 22 S., R. 02 W., New Mexico Principal - Meridian. - (3) Land exchanges.-- - (A) In general.--Subject to subparagraphs (C) - through (F), the Secretary shall attempt to enter into - an agreement to initiate an exchange under section - 2201.1 of title 43, Code of Federal Regulations (or - successor regulations), with the Commissioner of Public - Lands of New Mexico, by the date that is 18 months - after the date of enactment of this Act, to provide for - a conveyance to the State of all right, title, and - interest of the United States in and to Bureau of Land - Management land in the State identified under - subparagraph (B) in exchange for the conveyance by the - State to the Secretary of all right, title, and - interest of the State in and to parcels of State trust - land within the boundary of the Monument identified - under that subparagraph or described in paragraph - (2)(B). - (B) Identification of land for exchange.--The - Secretary and the Commissioner of Public Lands of New - Mexico shall jointly identify the Bureau of Land - Management land and State trust land eligible for - exchange under this paragraph, the exact acreage and - legal description of which shall be determined by - surveys approved by the Secretary and the New Mexico - State Land Office. - (C) Applicable law.--A land exchange under - subparagraph (A) shall be carried out in accordance - with section 206 of the Federal Land Policy and - Management Act of 1976 (43 U.S.C. 1716). - (D) Conditions.--A land exchange under subparagraph - (A) shall be subject to-- - (i) valid existing rights; and - (ii) such terms as the Secretary and the - State shall establish. - (E) Valuation, appraisals, and equalization.-- - (i) In general.--The value of the Bureau of - Land Management land and the State trust land - to be conveyed in a land exchange under this - paragraph-- - (I) shall be equal, as determined - by appraisals conducted in accordance - with clause (ii); or - (II) if not equal, shall be - equalized in accordance with clause - (iii). - (ii) Appraisals.-- - (I) In general.--The Bureau of Land - Management land and State trust land to - be exchanged under this paragraph shall - be appraised by an independent, - qualified appraiser that is agreed to - by the Secretary and the State. - (II) Requirements.--An appraisal - under subclause (I) shall be conducted - in accordance with-- - (aa) the Uniform Appraisal - Standards for Federal Land - Acquisitions; and - (bb) the Uniform Standards - of Professional Appraisal - Practice. - (iii) Equalization.-- - (I) In general.--If the value of - the Bureau of Land Management land and - the State trust land to be conveyed in - a land exchange under this paragraph is - not equal, the value may be equalized - by-- - (aa) making a cash - equalization payment to the - Secretary or to the State, as - appropriate, in accordance with - section 206(b) of the Federal - Land Policy and Management Act - of 1976 (43 U.S.C. 1716(b)); or - (bb) reducing the acreage - of the Bureau of Land - Management land or State trust - land to be exchanged, as - appropriate. - (II) Cash equalization payments.-- - Any cash equalization payments received - by the Secretary under subclause - (I)(aa) shall be-- - (aa) deposited in the - Federal Land Disposal Account - established by section 206(a) - of the Federal Land Transaction - Facilitation Act (43 U.S.C. - 2305(a)); and - (bb) used in accordance - with that Act. - (F) Limitation.--No exchange of land shall be - conducted under this paragraph unless mutually agreed - to by the Secretary and the State. - + (1) Management plan.--In preparing and implementing the + management plan for the Monument, the Secretary shall include a + watershed health assessment to identify opportunities for watershed + restoration. + (2) Incorporation of acquired state trust land and interests in + state trust land.-- + (A) In general.--Any land or interest in land that is + within the State trust land described in subparagraph (B) that + is acquired by the United States shall-- + (i) become part of the Monument; and + (ii) be managed in accordance with-- + + (I) Presidential Proclamation 9131 (79 Fed. Reg. + 30431); + (II) this section; and + (III) any other applicable laws. + + (B) Description of state trust land.--The State trust land + referred to in subparagraph (A) is the State trust land in T. + 22 S., R 01 W., New Mexico Principal Meridian and T. 22 S., R. + 02 W., New Mexico Principal Meridian. + (3) Land exchanges.-- + (A) In general.--Subject to subparagraphs (C) through (F), + the Secretary shall attempt to enter into an agreement to + initiate an exchange under section 2201.1 of title 43, Code of + Federal Regulations (or successor regulations), with the + Commissioner of Public Lands of New Mexico, by the date that is + 18 months after the date of enactment of this Act, to provide + for a conveyance to the State of all right, title, and interest + of the United States in and to Bureau of Land Management land + in the State identified under subparagraph (B) in exchange for + the conveyance by the State to the Secretary of all right, + title, and interest of the State in and to parcels of State + trust land within the boundary of the Monument identified under + that subparagraph or described in paragraph (2)(B). + (B) Identification of land for exchange.--The Secretary and + the Commissioner of Public Lands of New Mexico shall jointly + identify the Bureau of Land Management land and State trust + land eligible for exchange under this paragraph, the exact + acreage and legal description of which shall be determined by + surveys approved by the Secretary and the New Mexico State Land + Office. + (C) Applicable law.--A land exchange under subparagraph (A) + shall be carried out in accordance with section 206 of the + Federal Land Policy and Management Act of 1976 (43 U.S.C. + 1716). + (D) Conditions.--A land exchange under subparagraph (A) + shall be subject to-- + (i) valid existing rights; and + (ii) such terms as the Secretary and the State shall + establish. + (E) Valuation, appraisals, and equalization.-- + (i) In general.--The value of the Bureau of Land + Management land and the State trust land to be conveyed in + a land exchange under this paragraph-- + + (I) shall be equal, as determined by appraisals + conducted in accordance with clause (ii); or + (II) if not equal, shall be equalized in accordance + with clause (iii). + + (ii) Appraisals.-- + + (I) In general.--The Bureau of Land Management land + and State trust land to be exchanged under this + paragraph shall be appraised by an independent, + qualified appraiser that is agreed to by the Secretary + and the State. + (II) Requirements.--An appraisal under subclause + (I) shall be conducted in accordance with-- + + (aa) the Uniform Appraisal Standards for + Federal Land Acquisitions; and + (bb) the Uniform Standards of Professional + Appraisal Practice. + (iii) Equalization.-- + + (I) In general.--If the value of the Bureau of Land + Management land and the State trust land to be conveyed + in a land exchange under this paragraph is not equal, + the value may be equalized by-- + + (aa) making a cash equalization payment to the + Secretary or to the State, as appropriate, in + accordance with section 206(b) of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. + 1716(b)); or + (bb) reducing the acreage of the Bureau of Land + Management land or State trust land to be + exchanged, as appropriate. + + (II) Cash equalization payments.--Any cash + equalization payments received by the Secretary under + subclause (I)(aa) shall be-- + + (aa) deposited in the Federal Land Disposal + Account established by section 206(a) of the + Federal Land Transaction Facilitation Act (43 + U.S.C. 2305(a)); and + (bb) used in accordance with that Act. + (F) Limitation.--No exchange of land shall be conducted + under this paragraph unless mutually agreed to by the Secretary + and the State. SEC. 1202. CERRO DEL YUTA AND RIO SAN ANTONIO WILDERNESS AREAS. - (a) Definitions.--In this section: - (1) Map.--The term ``map'' means the map entitled ``Rio - Grande del Norte National Monument Proposed Wilderness Areas'' - and dated July 28, 2015. - (2) Wilderness area.--The term ``wilderness area'' means a - wilderness area designated by subsection (b)(1). + (1) Map.--The term ``map'' means the map entitled ``Rio Grande + del Norte National Monument Proposed Wilderness Areas'' and dated + July 28, 2015. + (2) Wilderness area.--The term ``wilderness area'' means a + wilderness area designated by subsection (b)(1). (b) Designation of Cerro Del Yuta and Rio San Antonio Wilderness Areas.-- - (1) In general.--In accordance with the Wilderness Act (16 - U.S.C. 1131 et seq.), the following areas in the Rio Grande del - Norte National Monument are designated as wilderness and as - components of the National Wilderness Preservation System: - (A) Cerro del yuta wilderness.--Certain land - administered by the Bureau of Land Management in Taos - County, New Mexico, comprising approximately 13,420 - acres as generally depicted on the map, which shall be - known as the ``Cerro del Yuta Wilderness''. - (B) Rio san antonio wilderness.--Certain land - administered by the Bureau of Land Management in Rio - Arriba County, New Mexico, comprising approximately - 8,120 acres, as generally depicted on the map, which - shall be known as the ``Rio San Antonio Wilderness''. - (2) Management of wilderness areas.--Subject to valid - existing rights, the wilderness areas shall be administered in - accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and - this section, except that with respect to the wilderness areas - designated by this section-- - (A) any reference to the effective date of the - Wilderness Act shall be considered to be a reference to - the date of enactment of this Act; and - (B) any reference in the Wilderness Act to the - Secretary of Agriculture shall be considered to be a - reference to the Secretary. - (3) Incorporation of acquired land and interests in land.-- - Any land or interest in land within the boundary of the - wilderness areas that is acquired by the United States shall-- - (A) become part of the wilderness area in which the - land is located; and - (B) be managed in accordance with-- - (i) the Wilderness Act (16 U.S.C. 1131 et - seq.); - (ii) this section; and - (iii) any other applicable laws. - (4) Grazing.--Grazing of livestock in the wilderness areas, - where established before the date of enactment of this Act, - shall be administered in accordance with-- - (A) section 4(d)(4) of the Wilderness Act (16 - U.S.C. 1133(d)(4)); and - (B) the guidelines set forth in appendix A of the - Report of the Committee on Interior and Insular Affairs - to accompany H.R. 2570 of the 101st Congress (H. Rept. - 101-405). - (5) Buffer zones.-- - (A) In general.--Nothing in this section creates a - protective perimeter or buffer zone around the - wilderness areas. - (B) Activities outside wilderness areas.--The fact - that an activity or use on land outside a wilderness - area can be seen or heard within the wilderness area - shall not preclude the activity or use outside the - boundary of the wilderness area. - (6) Release of wilderness study areas.--Congress finds - that, for purposes of section 603(c) of the Federal Land Policy - and Management Act of 1976 (43 U.S.C. 1782(c)), the public land - within the San Antonio Wilderness Study Area not designated as - wilderness by this section-- - (A) has been adequately studied for wilderness - designation; - (B) is no longer subject to section 603(c) of the - Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1782(c)); and - (C) shall be managed in accordance with this - section. - (7) Maps and legal descriptions.-- - (A) In general.--As soon as practicable after the - date of enactment of this Act, the Secretary shall file - the map and legal descriptions of the wilderness areas - with-- - (i) the Committee on Energy and Natural - Resources of the Senate; and - (ii) the Committee on Natural Resources of - the House of Representatives. - (B) Force of law.--The map and legal descriptions - filed under subparagraph (A) shall have the same force - and effect as if included in this section, except that - the Secretary may correct errors in the legal - description and map. - (C) Public availability.--The map and legal - descriptions filed under subparagraph (A) shall be on - file and available for public inspection in the - appropriate offices of the Bureau of Land Management. - (8) National landscape conservation system.--The wilderness - areas shall be administered as components of the National - Landscape Conservation System. - (9) Fish and wildlife.--Nothing in this section affects the - jurisdiction of the State of New Mexico with respect to fish - and wildlife located on public land in the State. - (10) Withdrawals.--Subject to valid existing rights, any - Federal land within the wilderness areas designated by - paragraph (1), including any land or interest in land that is - acquired by the United States after the date of enactment of - this Act, is withdrawn from-- - (A) entry, appropriation, or disposal under the - public land laws; - (B) location, entry, and patent under the mining - laws; and - (C) operation of the mineral leasing, mineral - materials, and geothermal leasing laws. - (11) Treaty rights.--Nothing in this section enlarges, - diminishes, or otherwise modifies any treaty rights. - + (1) In general.--In accordance with the Wilderness Act (16 + U.S.C. 1131 et seq.), the following areas in the Rio Grande del + Norte National Monument are designated as wilderness and as + components of the National Wilderness Preservation System: + (A) Cerro del yuta wilderness.--Certain land administered + by the Bureau of Land Management in Taos County, New Mexico, + comprising approximately 13,420 acres as generally depicted on + the map, which shall be known as the ``Cerro del Yuta + Wilderness''. + (B) Rio san antonio wilderness.--Certain land administered + by the Bureau of Land Management in Rio Arriba County, New + Mexico, comprising approximately 8,120 acres, as generally + depicted on the map, which shall be known as the ``Rio San + Antonio Wilderness''. + (2) Management of wilderness areas.--Subject to valid existing + rights, the wilderness areas shall be administered in accordance + with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section, + except that with respect to the wilderness areas designated by this + section-- + (A) any reference to the effective date of the Wilderness + Act shall be considered to be a reference to the date of + enactment of this Act; and + (B) any reference in the Wilderness Act to the Secretary of + Agriculture shall be considered to be a reference to the + Secretary. + (3) Incorporation of acquired land and interests in land.--Any + land or interest in land within the boundary of the wilderness + areas that is acquired by the United States shall-- + (A) become part of the wilderness area in which the land is + located; and + (B) be managed in accordance with-- + (i) the Wilderness Act (16 U.S.C. 1131 et seq.); + (ii) this section; and + (iii) any other applicable laws. + (4) Grazing.--Grazing of livestock in the wilderness areas, + where established before the date of enactment of this Act, shall + be administered in accordance with-- + (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); and + (B) the guidelines set forth in appendix A of the Report of + the Committee on Interior and Insular Affairs to accompany H.R. + 2570 of the 101st Congress (H. Rept. 101-405). + (5) Buffer zones.-- + (A) In general.--Nothing in this section creates a + protective perimeter or buffer zone around the wilderness + areas. + (B) Activities outside wilderness areas.--The fact that an + activity or use on land outside a wilderness area can be seen + or heard within the wilderness area shall not preclude the + activity or use outside the boundary of the wilderness area. + (6) Release of wilderness study areas.--Congress finds that, + for purposes of section 603(c) of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1782(c)), the public land within + the San Antonio Wilderness Study Area not designated as wilderness + by this section-- + (A) has been adequately studied for wilderness designation; + (B) is no longer subject to section 603(c) of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and + (C) shall be managed in accordance with this section. + (7) Maps and legal descriptions.-- + (A) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file the map and + legal descriptions of the wilderness areas with-- + (i) the Committee on Energy and Natural Resources of + the Senate; and + (ii) the Committee on Natural Resources of the House of + Representatives. + (B) Force of law.--The map and legal descriptions filed + under subparagraph (A) shall have the same force and effect as + if included in this section, except that the Secretary may + correct errors in the legal description and map. + (C) Public availability.--The map and legal descriptions + filed under subparagraph (A) shall be on file and available for + public inspection in the appropriate offices of the Bureau of + Land Management. + (8) National landscape conservation system.--The wilderness + areas shall be administered as components of the National Landscape + Conservation System. + (9) Fish and wildlife.--Nothing in this section affects the + jurisdiction of the State of New Mexico with respect to fish and + wildlife located on public land in the State. + (10) Withdrawals.--Subject to valid existing rights, any + Federal land within the wilderness areas designated by paragraph + (1), including any land or interest in land that is acquired by the + United States after the date of enactment of this Act, is withdrawn + from-- + (A) entry, appropriation, or disposal under the public land + laws; + (B) location, entry, and patent under the mining laws; and + (C) operation of the mineral leasing, mineral materials, + and geothermal leasing laws. + (11) Treaty rights.--Nothing in this section enlarges, + diminishes, or otherwise modifies any treaty rights. SEC. 1203. METHOW VALLEY, WASHINGTON, FEDERAL LAND WITHDRAWAL. - (a) Definition of Map.--In this section, the term ``Map'' means the Forest Service map entitled ``Methow Headwaters Withdrawal Proposal Legislative Map'' and dated May 24, 2016. @@ -4371,11 +4000,11 @@ approximately 340,079 acres of Federal land and interests in the land located in the Okanogan-Wenatchee National Forest within the area depicted on the Map as ``Proposed Withdrawal'' is withdrawn from all forms of-- - (1) entry, appropriation, or disposal under the public land - laws; - (2) location, entry, and patent under the mining laws; and - (3) disposition under the mineral leasing and geothermal - leasing laws. + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) disposition under the mineral leasing and geothermal + leasing laws. (c) Acquired Land.--Any land or interest in land within the area depicted on the Map as ``Proposed Withdrawal'' that is acquired by the United States after the date of enactment of this Act shall, on @@ -4383,9 +4012,7 @@ acquisition, be immediately withdrawn in accordance with this section. (d) Availability of Map.--The Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management. - SEC. 1204. EMIGRANT CREVICE WITHDRAWAL. - (a) Definition of Map.--In this section, the term ``map'' means the map entitled ``Emigrant Crevice Proposed Withdrawal Area'' and dated November 10, 2016. @@ -4393,954 +4020,844 @@ November 10, 2016. the date of enactment of this Act, the National Forest System land and interests in the National Forest System land, as depicted on the map, is withdrawn from-- - (1) location, entry, and patent under the mining laws; and - (2) disposition under all laws pertaining to mineral and - geothermal leasing. + (1) location, entry, and patent under the mining laws; and + (2) disposition under all laws pertaining to mineral and + geothermal leasing. (c) Acquired Land.--Any land or interest in land within the area depicted on the map that is acquired by the United States after the date of enactment of this Act shall, on acquisition, be immediately withdrawn in accordance with this section. (d) Map.-- - (1) Submission of map.--As soon as practicable after the - date of enactment of this Act, the Secretary of Agriculture - shall file the map with-- - (A) the Committee on Energy and Natural Resources - of the Senate; and - (B) the Committee on Natural Resources of the House - of Representatives. - (2) Force of law.--The map filed under paragraph (1) shall - have the same force and effect as if included in this section, - except that the Secretary of Agriculture may correct clerical - and typographical errors in the map. - (3) Public availability.--The map filed under paragraph (1) - shall be on file and available for public inspection in the - appropriate offices of the Forest Service and the Bureau of - Land Management. + (1) Submission of map.--As soon as practicable after the date + of enactment of this Act, the Secretary of Agriculture shall file + the map with-- + (A) the Committee on Energy and Natural Resources of the + Senate; and + (B) the Committee on Natural Resources of the House of + Representatives. + (2) Force of law.--The map filed under paragraph (1) shall have + the same force and effect as if included in this section, except + that the Secretary of Agriculture may correct clerical and + typographical errors in the map. + (3) Public availability.--The map filed under paragraph (1) + shall be on file and available for public inspection in the + appropriate offices of the Forest Service and the Bureau of Land + Management. (e) Effect.--Nothing in this section affects any recreational use, including hunting or fishing, that is authorized on land within the area depicted on the map under applicable law as of the date of enactment of this Act. - SEC. 1205. OREGON WILDLANDS. - (a) Wild and Scenic River Additions, Designations and Technical Corrections.-- - (1) Additions to rogue wild and scenic river.-- - (A) In general.--Section 3(a) of the Wild and - Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by - striking paragraph (5) and inserting the following: - ``(5) Rogue, oregon.-- - ``(A) In general.--The segment of the river - extending from the mouth of the Applegate River - downstream to the Lobster Creek Bridge, to be - administered by the Secretary of the Interior or the - Secretary of Agriculture, as agreed to by the - Secretaries of the Interior and Agriculture or as - directed by the President. - ``(B) Additions.--In addition to the segment - described in subparagraph (A), there are designated the - following segments in the Rogue River: - ``(i) Kelsey creek.--The approximately 6.8- - mile segment of Kelsey Creek from the Wild - Rogue Wilderness boundary in T. 32 S., R. 9 W., - sec. 25, Willamette Meridian, to the confluence - with the Rogue River, as a wild river. - ``(ii) East fork kelsey creek.-- - ``(I) Scenic river.--The - approximately 0.2-mile segment of East - Fork Kelsey Creek from headwaters - downstream to the Wild Rogue Wilderness - boundary in T. 33 S., R. 8 W., sec. 5, - Willamette Meridian, as a scenic river. - ``(II) Wild river.--The - approximately 4.6-mile segment of East - Fork Kelsey Creek from the Wild Rogue - Wilderness boundary in T. 33 S., R. 8 - W., sec. 5, Willamette Meridian, to the - confluence with Kelsey Creek, as a wild - river. - ``(iii) Whisky creek.-- - ``(I) Recreational river.--The - approximately 1.6-mile segment of - Whisky Creek from the confluence of the - East Fork and West Fork to the south - boundary of the non-Federal land in T. - 33 S., R. 8 W., sec. 17, Willamette - Meridian, as a recreational river. - ``(II) Wild river.--The - approximately 1.2-mile segment of - Whisky Creek from road 33-8-23 to the - confluence with the Rogue River, as a - wild river. - ``(iv) East fork whisky creek.-- - ``(I) Scenic river.--The - approximately 0.9-mile segment of East - Fork Whisky Creek from its headwaters - to Wild Rogue Wilderness boundary in T. - 33 S., R. 8 W., sec. 11, Willamette - Meridian, as a scenic river. - ``(II) Wild river.--The - approximately 2.6-mile segment of East - Fork Whisky Creek from the Wild Rogue - Wilderness boundary in T. 33 S., R. 8 - W., sec. 11, Willamette Meridian, - downstream to road 33-8-26 crossing, as - a wild river. - ``(III) Recreational river.--The - approximately 0.3-mile segment of East - Fork Whisky Creek from road 33-8-26 to - the confluence with Whisky Creek, as a - recreational river. - ``(v) West fork whisky creek.--The - approximately 4.8-mile segment of West Fork - Whisky Creek from its headwaters to the - confluence with the East Fork Whisky Creek, as - a wild river. - ``(vi) Big windy creek.-- - ``(I) Scenic river.--The - approximately 1.5-mile segment of Big - Windy Creek from its headwaters to road - 34-9-17.1, as a scenic river. - ``(II) Wild river.--The - approximately 5.8-mile segment of Big - Windy Creek from road 34-9-17.1 to the - confluence with the Rogue River, as a - wild river. - ``(vii) East fork big windy creek.-- - ``(I) Scenic river.--The - approximately 0.2-mile segment of East - Fork Big Windy Creek from its - headwaters to road 34-8-36, as a scenic - river. - ``(II) Wild river.--The - approximately 3.7-mile segment of East - Fork Big Windy Creek from road 34-8-36 - to the confluence with Big Windy Creek, - as a wild river. - ``(viii) Little windy creek.-- - ``(I) Scenic river.--The - approximately 1.2-mile segment of - Little Windy Creek from its headwaters - to the Wild Rogue Wilderness boundary - in T. 33 S., R. 9 W., sec. 33, - Willamette Meridian, as a scenic river. - ``(II) Wild river.--The - approximately 1.9-mile segment of - Little Windy Creek from the Wild Rogue - Wilderness boundary in T. 33 S., R. 9 - W., sec. 34, Willamette Meridian, to - the confluence with the Rogue River, as - a wild river. - ``(ix) Howard creek.-- - ``(I) Scenic river.--The - approximately 3.5-mile segment of - Howard Creek from its headwaters to - road 34-9-34, as a scenic river. - ``(II) Wild river.--The - approximately 6.9-mile segment of - Howard Creek from 0.1 miles downstream - of road 34-9-34 to the confluence with - the Rogue River, as a wild river. - ``(III) Wild river.--The - approximately 3.5-mile segment of Anna - Creek from its headwaters to the - confluence with Howard Creek, as a wild - river. - ``(x) Mule creek.-- - ``(I) Scenic river.--The - approximately 3.5-mile segment of Mule - Creek from its headwaters downstream to - the Wild Rogue Wilderness boundary as a - scenic river. - ``(II) Wild river.--The - approximately 7.8-mile segment of Mule - Creek from the Wild Rogue Wilderness - boundary in T. 32 S., R. 9 W., sec. 29, - Willamette Meridian, to the confluence - with the Rogue River, as a wild river. - ``(xi) Missouri creek.-- - ``(I) Scenic river.--The - approximately 3.1-mile segment of - Missouri Creek from its headwaters - downstream to the Wild Rogue Wilderness - boundary in T. 33 S., R. 10 W., sec. - 24, Willamette Meridian, as a scenic - river. - ``(II) Wild river.--The - approximately 1.6-mile segment of - Missouri Creek from the Wild Rogue - Wilderness boundary in T. 33 S., R. 10 - W., sec. 24, Willamette Meridian, to - the confluence with the Rogue River, as - a wild river. - ``(xii) Jenny creek.-- - ``(I) Scenic river.--The - approximately 3.1-mile segment of Jenny - Creek from its headwaters downstream to - the Wild Rogue Wilderness boundary in - T. 33 S., R. 9 W., sec. 28, Willamette - Meridian, as a scenic river. - ``(II) Wild river.--The - approximately 1.8-mile segment of Jenny - Creek from the Wild Rogue Wilderness - boundary in T. 33 S., R. 9 W., sec. 28, - Willamette Meridian, to the confluence - with the Rogue River, as a wild river. - ``(xiii) Rum creek.-- - ``(I) Scenic river.--The - approximately 2.2-mile segment of Rum - Creek from its headwaters to the Wild - Rogue Wilderness boundary in T. 34 S., - R. 8 W., sec. 9, Willamette Meridian, - as a scenic river. - ``(II) Wild river.--The - approximately 2.2-mile segment of Rum - Creek from the Wild Rogue Wilderness - boundary in T. 34 S., R. 8 W., sec. 9, - Willamette Meridian, to the confluence - with the Rogue River, as a wild river. - ``(xiv) East fork rum creek.-- - ``(I) Scenic river.--The - approximately 0.8-mile segment of East - Fork Rum Creek from its headwaters to - the Wild Rogue Wilderness boundary in - T. 34 S., R. 8 W., sec. 10, Willamette - Meridian, as a scenic river. - ``(II) Wild river.--The - approximately 1.3-mile segment of East - Fork Rum Creek from the Wild Rogue - Wilderness boundary in T. 34 S., R. 8 - W., sec. 10, Willamette Meridian, to - the confluence with Rum Creek, as a - wild river. - ``(xv) Wildcat creek.--The approximately - 1.7-mile segment of Wildcat Creek from its - headwaters downstream to the confluence with - the Rogue River, as a wild river. - ``(xvi) Montgomery creek.--The - approximately 1.8-mile segment of Montgomery - Creek from its headwaters downstream to the - confluence with the Rogue River, as a wild - river. - ``(xvii) Hewitt creek.-- - ``(I) Scenic river.--The - approximately 1.4-mile segment of - Hewitt Creek from its headwaters to the - Wild Rogue Wilderness boundary in T. 33 - S., R. 9 W., sec. 19, Willamette - Meridian, as a scenic river. - ``(II) Wild river.--The - approximately 1.2-mile segment of - Hewitt Creek from the Wild Rogue - Wilderness boundary in T. 33 S., R. 9 - W., sec. 19, Willamette Meridian, to - the confluence with the Rogue River, as - a wild river. - ``(xviii) Bunker creek.--The approximately - 6.6-mile segment of Bunker Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xix) Dulog creek.-- - ``(I) Scenic river.--The - approximately 0.8-mile segment of Dulog - Creek from its headwaters to 0.1 miles - downstream of road 34-8-36, as a scenic - river. - ``(II) Wild river.--The - approximately 1.0-mile segment of Dulog - Creek from road 34-8-36 to the - confluence with the Rogue River, as a - wild river. - ``(xx) Quail creek.--The approximately 1.7- - mile segment of Quail Creek from the Wild Rogue - Wilderness boundary in T. 33 S., R. 10 W., sec. - 1, Willamette Meridian, to the confluence with - the Rogue River, as a wild river. - ``(xxi) Meadow creek.--The approximately - 4.1-mile segment of Meadow Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xxii) Russian creek.--The approximately - 2.5-mile segment of Russian Creek from the Wild - Rogue Wilderness boundary in T. 33 S., R. 8 W., - sec. 20, Willamette Meridian, to the confluence - with the Rogue River, as a wild river. - ``(xxiii) Alder creek.--The approximately - 1.2-mile segment of Alder Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xxiv) Booze creek.--The approximately - 1.5-mile segment of Booze Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xxv) Bronco creek.--The approximately - 1.8-mile segment of Bronco Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xxvi) Copsey creek.--The approximately - 1.5-mile segment of Copsey Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xxvii) Corral creek.--The approximately - 0.5-mile segment of Corral Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xxviii) Cowley creek.--The approximately - 0.9-mile segment of Cowley Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xxix) Ditch creek.--The approximately - 1.8-mile segment of Ditch Creek from the Wild - Rogue Wilderness boundary in T. 33 S., R. 9 W., - sec. 5, Willamette Meridian, to its confluence - with the Rogue River, as a wild river. - ``(xxx) Francis creek.--The approximately - 0.9-mile segment of Francis Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xxxi) Long gulch.-- - ``(I) Scenic river.--The - approximately 1.4-mile segment of Long - Gulch from its headwaters to the Wild - Rogue Wilderness boundary in T. 33 S., - R. 10 W., sec. 23, Willamette Meridian, - as a scenic river. - ``(II) Wild river.--The - approximately 1.1-mile segment of Long - Gulch from the Wild Rogue Wilderness - boundary in T. 33 S., R. 10 W., sec. - 23, Willamette Meridian, to the - confluence with the Rogue River, as a - wild river. - ``(xxxii) Bailey creek.-- - ``(I) Scenic river.--The - approximately 1.4-mile segment of - Bailey Creek from its headwaters to the - Wild Rogue Wilderness boundary on the - west section line of T. 34 S., R. 8 W., - sec. 14, Willamette Meridian, as a - scenic river. - ``(II) Wild river.--The - approximately 1.7-mile segment of - Bailey Creek from the west section line - of T. 34 S., R.8 W., sec. 14, - Willamette Meridian, to the confluence - of the Rogue River, as a wild river. - ``(xxxiii) Shady creek.--The approximately - 0.7-mile segment of Shady Creek from its - headwaters to the confluence with the Rogue - River, as a wild river. - ``(xxxiv) Slide creek.-- - ``(I) Scenic river.--The - approximately 0.5-mile segment of Slide - Creek from its headwaters to road 33-9- - 6, as a scenic river. - ``(II) Wild river.--The - approximately 0.7-mile section of Slide - Creek from road 33-9-6 to the - confluence with the Rogue River, as a - wild river.''. - (B) Management.--Each river segment designated by - subparagraph (B) of section 3(a)(5) of the Wild and - Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by - subparagraph (A)) shall be managed as part of the Rogue - Wild and Scenic River. - (C) Withdrawal.--Subject to valid existing rights, - the Federal land within the boundaries of the river - segments designated by subparagraph (B) of section - 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. - 1274(a)(5)) (as added by subparagraph (A)) is withdrawn - from all forms of-- - (i) entry, appropriation, or disposal under - the public land laws; - (ii) location, entry, and patent under the - mining laws; and - (iii) disposition under all laws pertaining - to mineral and geothermal leasing or mineral - materials. - (D) Additional protections for rogue river - tributaries.-- - (i) Licensing by commission.--The Federal - Energy Regulatory Commission shall not license - the construction of any dam, water conduit, - reservoir, powerhouse, transmission line, or - other project works on or directly affecting - any stream described in clause (iv). - (ii) Other agencies.-- - (I) In general.--No department or - agency of the United States shall - assist by loan, grant, license, or - otherwise in the construction of any - water resources project on or directly - affecting any stream segment that is - described in clause (iv), except to - maintain or repair water resources - projects in existence on the date of - enactment of this Act. - (II) Effect.--Nothing in this - clause prohibits any department or - agency of the United States in - assisting by loan, grant, license, or - otherwise, a water resources project-- - (aa) the primary purpose of - which is ecological or aquatic - restoration; - (bb) that provides a net - benefit to water quality and - aquatic resources; and - (cc) that is consistent - with protecting and enhancing - the values for which the river - was designated. - (iii) Withdrawal.--Subject to valid - existing rights, the Federal land located - within \1/4\ mile on either side of the stream - segments described in clause (iv) is withdrawn - from all forms of-- - (I) entry, appropriation, or - disposal under the public land laws; - (II) location, entry, and patent - under the mining laws; and - (III) disposition under all laws - pertaining to mineral and geothermal - leasing or mineral materials. - (iv) Description of stream segments.--The - following are the stream segments referred to - in clause (i): - (I) Kelsey creek.--The - approximately 2.5-mile segment of - Kelsey Creek from its headwaters to the - Wild Rogue Wilderness boundary in T. 32 - S., R. 9 W., sec. 25, Willamette - Meridian. - (II) Grave creek.--The - approximately 10.2-mile segment of - Grave Creek from the east boundary of - T. 34 S., R. 7 W., sec. 1, Willamette - Meridian, downstream to the confluence - with the Rogue River. - (III) Centennial gulch.--The - approximately 2.2-mile segment of - Centennial Gulch from its headwaters to - its confluence with the Rogue River in - T. 34 S., R. 7, W., sec. 18, Willamette - Meridian. - (IV) Quail creek.--The - approximately 0.8-mile segment of Quail - Creek from its headwaters to the Wild - Rogue Wilderness boundary in T. 33 S., - R. 10 W., sec. 1, Willamette Meridian. - (V) Ditch creek.--The approximately - 0.7-mile segment of Ditch Creek from - its headwaters to the Wild Rogue - Wilderness boundary in T. 33 S., R. 9 - W., sec. 5, Willamette Meridian. - (VI) Galice creek.--The - approximately 2.2-mile segment of - Galice Creek from the confluence with - the North Fork Galice Creek downstream - to the confluence with the Rogue River - in T. 34 S., R. 8 W., sec. 36, - Willamette Meridian. - (VII) Quartz creek.--The - approximately 3.3-mile segment of - Quartz Creek from its headwaters to its - confluence with the North Fork Galice - Creek in T. 35 S., R. 8 W., sec. 4, - Willamette Meridian. - (VIII) North fork galice creek.-- - The approximately 5.7-mile segment of - the North Fork Galice Creek from its - headwaters to its confluence with the - South Fork Galice Creek in T. 35 S., R. - 8 W., sec. 3, Willamette Meridian. - (2) Technical corrections to the wild and scenic rivers - act.-- - (A) Chetco, oregon.--Section 3(a)(69) of the Wild - and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is - amended-- - (i) by redesignating subparagraphs (A), - (B), and (C) as clauses (i), (ii), and (iii), - respectively, and indenting appropriately; - (ii) in the matter preceding clause (i) (as - so redesignated), by striking ``The 44.5-mile'' - and inserting the following: - ``(A) Designations.--The 44.5-mile''; - (iii) in clause (i) (as so redesignated)-- - (I) by striking ``25.5-mile'' and - inserting ``27.5-mile''; and - (II) by striking ``Boulder Creek at - the Kalmiopsis Wilderness boundary'' - and inserting ``Mislatnah Creek''; - (iv) in clause (ii) (as so redesignated)-- - (I) by striking ``8-mile'' and - inserting ``7.5-mile''; and - (II) by striking ``Boulder Creek to - Steel Bridge'' and inserting - ``Mislatnah Creek to Eagle Creek''; - (v) in clause (iii) (as so redesignated)-- - (I) by striking ``11-mile'' and - inserting ``9.5-mile''; and - (II) by striking ``Steel Bridge'' - and inserting ``Eagle Creek''; and - (vi) by adding at the end the following: - ``(B) Withdrawal.--Subject to valid rights, the - Federal land within the boundaries of the river - segments designated by subparagraph (A) is withdrawn - from all forms of-- - ``(i) entry, appropriation, or disposal - under the public land laws; - ``(ii) location, entry, and patent under - the mining laws; and - ``(iii) disposition under all laws - pertaining to mineral and geothermal leasing or - mineral materials.''. - (B) Whychus creek, oregon.--Section 3(a)(102) of - the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) - is amended-- - (i) in the paragraph heading, by striking - ``Squaw creek'' and inserting ``Whychus - creek''; - (ii) by redesignating subparagraphs (A) and - (B) as clauses (i) and (ii), respectively, and - indenting appropriately; - (iii) in the matter preceding clause (i) - (as so redesignated)-- - (I) by striking ``The 15.4-mile'' - and inserting the following: - ``(A) Designations.--The 15.4-mile''; and - (II) by striking ``McAllister - Ditch, including the Soap Fork Squaw - Creek, the North Fork, the South Fork, - the East and West Forks of Park Creek, - and Park Creek Fork'' and inserting - ``Plainview Ditch, including the Soap - Creek, the North and South Forks of - Whychus Creek, the East and West Forks - of Park Creek, and Park Creek''; - (iv) in clause (ii) (as so redesignated), - by striking ``McAllister Ditch'' and inserting - ``Plainview Ditch''; and - (v) by adding at the end the following: - ``(B) Withdrawal.--Subject to valid existing - rights, the Federal land within the boundaries of the - river segments designated by subparagraph (A) is - withdrawn from all forms of-- - ``(i) entry, appropriation, or disposal - under the public land laws; - ``(ii) location, entry, and patent under - the mining laws; and - ``(iii) disposition under all laws relating - to mineral and geothermal leasing or mineral - materials.''. - (3) Wild and scenic river designations, wasson creek and - franklin creek, oregon.--Section 3(a) of the Wild and Scenic - Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end - the following: - ``(214) Franklin creek, oregon.--The 4.5-mile segment from - its headwaters to the private land boundary in sec. 8, to be - administered by the Secretary of Agriculture as a wild river. - ``(215) Wasson creek, oregon.--The 10.1-mile segment in the - following classes: - ``(A) The 4.2-mile segment from the eastern - boundary of T. 21 S., R. 9 W., sec. 17, downstream to - the western boundary of T. 21 S., R. 10 W., sec. 12, to - be administered by the Secretary of the Interior as a + (1) Additions to rogue wild and scenic river.-- + (A) In general.--Section 3(a) of the Wild and Scenic Rivers + Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) + and inserting the following: + ``(5) Rogue, oregon.-- + ``(A) In general.--The segment of the river extending from + the mouth of the Applegate River downstream to the Lobster + Creek Bridge, to be administered by the Secretary of the + Interior or the Secretary of Agriculture, as agreed to by the + Secretaries of the Interior and Agriculture or as directed by + the President. + ``(B) Additions.--In addition to the segment described in + subparagraph (A), there are designated the following segments + in the Rogue River: + ``(i) Kelsey creek.--The approximately 6.8-mile segment + of Kelsey Creek from the Wild Rogue Wilderness boundary in + T. 32 S., R. 9 W., sec. 25, Willamette Meridian, to the + confluence with the Rogue River, as a wild river. + ``(ii) East fork kelsey creek.-- + + ``(I) Scenic river.--The approximately 0.2-mile + segment of East Fork Kelsey Creek from headwaters + downstream to the Wild Rogue Wilderness boundary in T. + 33 S., R. 8 W., sec. 5, Willamette Meridian, as a + scenic river. + ``(II) Wild river.--The approximately 4.6-mile + segment of East Fork Kelsey Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 8 W., sec. 5, + Willamette Meridian, to the confluence with Kelsey + Creek, as a wild river. + + ``(iii) Whisky creek.-- + + ``(I) Recreational river.--The approximately 1.6- + mile segment of Whisky Creek from the confluence of the + East Fork and West Fork to the south boundary of the + non-Federal land in T. 33 S., R. 8 W., sec. 17, + Willamette Meridian, as a recreational river. + ``(II) Wild river.--The approximately 1.2-mile + segment of Whisky Creek from road 33-8-23 to the + confluence with the Rogue River, as a wild river. + + ``(iv) East fork whisky creek.-- + + ``(I) Scenic river.--The approximately 0.9-mile + segment of East Fork Whisky Creek from its headwaters + to Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., + sec. 11, Willamette Meridian, as a scenic river. + ``(II) Wild river.--The approximately 2.6-mile + segment of East Fork Whisky Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 8 W., sec. 11, + Willamette Meridian, downstream to road 33-8-26 + crossing, as a wild river. + ``(III) Recreational river.--The approximately 0.3- + mile segment of East Fork Whisky Creek from road 33-8- + 26 to the confluence with Whisky Creek, as a + recreational river. + + ``(v) West fork whisky creek.--The approximately 4.8- + mile segment of West Fork Whisky Creek from its headwaters + to the confluence with the East Fork Whisky Creek, as a + wild river. + ``(vi) Big windy creek.-- + + ``(I) Scenic river.--The approximately 1.5-mile + segment of Big Windy Creek from its headwaters to road + 34-9-17.1, as a scenic river. + ``(II) Wild river.--The approximately 5.8-mile + segment of Big Windy Creek from road 34-9-17.1 to the + confluence with the Rogue River, as a wild river. + + ``(vii) East fork big windy creek.-- + + ``(I) Scenic river.--The approximately 0.2-mile + segment of East Fork Big Windy Creek from its + headwaters to road 34-8-36, as a scenic river. + ``(II) Wild river.--The approximately 3.7-mile + segment of East Fork Big Windy Creek from road 34-8-36 + to the confluence with Big Windy Creek, as a wild + river. + + ``(viii) Little windy creek.-- + + ``(I) Scenic river.--The approximately 1.2-mile + segment of Little Windy Creek from its headwaters to + the Wild Rogue Wilderness boundary in T. 33 S., R. 9 + W., sec. 33, Willamette Meridian, as a scenic river. + ``(II) Wild river.--The approximately 1.9-mile + segment of Little Windy Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 9 W., sec. 34, + Willamette Meridian, to the confluence with the Rogue + River, as a wild river. + + ``(ix) Howard creek.-- + + ``(I) Scenic river.--The approximately 3.5-mile + segment of Howard Creek from its headwaters to road 34- + 9-34, as a scenic river. + ``(II) Wild river.--The approximately 6.9-mile + segment of Howard Creek from 0.1 miles downstream of + road 34-9-34 to the confluence with the Rogue River, as + a wild river. + ``(III) Wild river.--The approximately 3.5-mile + segment of Anna Creek from its headwaters to the + confluence with Howard Creek, as a wild river. + + ``(x) Mule creek.-- + + ``(I) Scenic river.--The approximately 3.5-mile + segment of Mule Creek from its headwaters downstream to + the Wild Rogue Wilderness boundary as a scenic river. + ``(II) Wild river.--The approximately 7.8-mile + segment of Mule Creek from the Wild Rogue Wilderness + boundary in T. 32 S., R. 9 W., sec. 29, Willamette + Meridian, to the confluence with the Rogue River, as a wild river. - ``(B) The 5.9-mile segment from the western - boundary of T. 21 S., R. 10 W., sec. 12, downstream to - the eastern boundary of the northwest quarter of T. 21 - S., R. 10 W., sec. 22, to be administered by the - Secretary of Agriculture as a wild river.''. - (4) Wild and scenic river designations, molalla river, - oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 - U.S.C. 1274(a)) (as amended by paragraph (3)) is amended by - adding at the end the following: - ``(216) Molalla river, oregon.-- - ``(A) In general.--The following segments in the - State of Oregon, to be administered by the Secretary of - the Interior as a recreational river: - ``(i) Molalla river.--The approximately - 15.1-mile segment from the southern boundary - line of T. 7 S., R. 4 E., sec. 19, downstream - to the edge of the Bureau of Land Management - boundary in T. 6 S., R. 3 E., sec. 7. - ``(ii) Table rock fork molalla river.--The - approximately 6.2-mile segment from the - easternmost Bureau of Land Management boundary - line in the NE\1/4\ sec. 4, T. 7 S., R. 4 E., - downstream to the confluence with the Molalla - River. - ``(B) Withdrawal.--Subject to valid existing - rights, the Federal land within the boundaries of the - river segments designated by subparagraph (A) is - withdrawn from all forms of-- - ``(i) entry, appropriation, or disposal - under the public land laws; - ``(ii) location, entry, and patent under - the mining laws; and - ``(iii) disposition under all laws relating - to mineral and geothermal leasing or mineral - materials.''. - (5) Designation of additional wild and scenic rivers.-- - (A) Elk river, oregon.-- - (i) In general.--Section 3(a) of the Wild - and Scenic Rivers Act (16 U.S.C. 1274(a)) is - amended by striking paragraph (76) and - inserting the following: - ``(76) Elk, oregon.--The 69.2-mile segment to be - administered by the Secretary of Agriculture in the following - classes: - ``(A) Mainstem.--The 17-mile segment from the - confluence of the North and South Forks of the Elk to - Anvil Creek as a recreational river. - ``(B) North fork.-- - ``(i) Scenic river.--The approximately 0.6- - mile segment of the North Fork Elk from its - source in T. 33 S., R. 12 W., sec. 21, - Willamette Meridian, downstream to 0.01 miles - below Forest Service Road 3353, as a scenic - river. - ``(ii) Wild river.--The approximately 5.5- - mile segment of the North Fork Elk from 0.01 - miles below Forest Service Road 3353 to its - confluence with the South Fork Elk, as a wild - river. - ``(C) South fork.-- - ``(i) Scenic river.--The approximately 0.9- - mile segment of the South Fork Elk from its - source in the southeast quarter of T. 33 S., R. - 12 W., sec. 32, Willamette Meridian, Forest - Service Road 3353, as a scenic river. - ``(ii) Wild river.--The approximately 4.2- - mile segment of the South Fork Elk from 0.01 - miles below Forest Service Road 3353 to its - confluence with the North Fork Elk, as a wild - river. - ``(D) Other tributaries.-- - ``(i) Rock creek.--The approximately 1.7- - mile segment of Rock Creek from its headwaters - to the west boundary of T. 32 S., R. 14 W., - sec. 30, Willamette Meridian, as a wild river. - ``(ii) Bald mountain creek.--The - approximately 8-mile segment of Bald Mountain - Creek from its headwaters, including Salal - Spring to its confluence with Elk River, as a - recreational river. - ``(iii) South fork bald mountain creek.-- - The approximately 3.5-mile segment of South - Fork Bald Mountain Creek from its headwaters to - its confluence with Bald Mountain Creek, as a - scenic river. - ``(iv) Platinum creek.--The approximately - 1-mile segment of Platinum Creek from-- - ``(I) its headwaters to Forest - Service Road 5325, as a wild river; and - ``(II) Forest Service Road 5325 to - its confluence with Elk River, as a - scenic river. - ``(v) Panther creek.--The approximately - 5.0-mile segment of Panther Creek from-- - ``(I) its headwaters, including - Mountain Well, to Forest Service Road - 5325, as a wild river; and - ``(II) Forest Service Road 5325 to - its confluence with Elk River, as a - scenic river. - ``(vi) East fork panther creek.--The - approximately 3.0-mile segment of East Fork - Panther Creek from it headwaters, to the - confluence with Panther Creek, as a wild river. - ``(vii) West fork panther creek.--The - approximately 3.0-mile segment of West Fork - Panther Creek from its headwaters to the - confluence with Panther Creek as a wild river. - ``(viii) Lost creek.--The approximately - 1.0-mile segment of Lost Creek from-- - ``(I) its headwaters to Forest - Service Road 5325, as a wild river; and - ``(II) Forest Service Road 5325 to - its confluence with the Elk River, as a - scenic river. - ``(ix) Milbury creek.--The approximately - 1.5-mile segment of Milbury Creek from-- - ``(I) its headwaters to Forest - Service Road 5325, as a wild river; and - ``(II) Forest Service Road 5325 to - its confluence with the Elk River, as a - scenic river. - ``(x) Blackberry creek.--The approximately - 5.0-mile segment of Blackberry Creek from-- - ``(I) its headwaters to Forest - Service Road 5325, as a wild river; and - ``(II) Forest Service Road 5325 to - its confluence with the Elk River, as a - scenic river. - ``(xi) East fork blackberry creek.--The - approximately 2.0-mile segment of the unnamed - tributary locally known as `East Fork - Blackberry Creek' from its headwaters in T. 33 - S., R. 13 W., sec. 26, Willamette Meridian, to - its confluence with Blackberry Creek, as a wild - river. - ``(xii) Mccurdy creek.--The approximately - 1.0-mile segment of McCurdy Creek from-- - ``(I) its headwaters to Forest - Service Road 5325, as a wild river; and - ``(II) Forest Service Road 5325 to - its confluence with the Elk River, as a - scenic river. - ``(xiii) Bear creek.--The approximately - 1.5-mile segment of Bear Creek from headwaters - to the confluence with Bald Mountain Creek, as - a recreational river. - ``(xiv) Butler creek.--The approximately 4- - mile segment of Butler Creek from-- - ``(I) its headwaters to the south - boundary of T. 33 S., R. 13 W., sec. 8, - Willamette Meridian, as a wild river; - and - ``(II) from the south boundary of - T. 33 S., R. 13 W., sec. 8, Willamette - Meridian, to its confluence with Elk - River, as a scenic river. - ``(xv) East fork butler creek.--The - approximately 2.8-mile segment locally known as - the `East Fork of Butler Creek' from its - headwaters on Mount Butler in T. 32 S., R. 13 - W., sec. 29, Willamette Meridian, to its - confluence with Butler Creek, as a scenic - river. - ``(xvi) Purple mountain creek.--The - approximately 2.0-mile segment locally known as - `Purple Mountain Creek' from-- - ``(I) its headwaters in secs. 35 - and 36, T. 33 S., R. 14 W., Willamette - Meridian, to 0.01 miles above Forest - Service Road 5325, as a wild river; and - ``(II) 0.01 miles above Forest - Service Road 5325 to its confluence - with the Elk River, as a scenic - river.''. - (ii) Withdrawal.--Subject to valid existing - rights, the Federal land within the boundaries - of the river segments designated by paragraph - (76) of section 3(a) of the Wild and Scenic - Rivers Act (16 U.S.C. 1274(a)) (as amended by - clause (i)) is withdrawn from all forms of-- - (I) entry, appropriation, or - disposal under the public land laws; - (II) location, entry, and patent - under the mining laws; and - (III) disposition under all laws - relating to mineral and geothermal - leasing or mineral materials. - (B) Designation of wild and scenic river - segments.-- - (i) In general.--Section 3(a) of the Wild - and Scenic Rivers Act (16 U.S.C. 1274(a)) (as - amended by paragraph (4)) is amended by adding - at the end the following: - ``(217) Nestucca river, oregon.--The approximately 15.5- - mile segment from its confluence with Ginger Creek downstream - until it crosses the western edge of T. 4 S., R. 7 W., sec. 7, - Willamette Meridian, to be administered by the Secretary of the - Interior as a recreational river. - ``(218) Walker creek, oregon.--The approximately 2.9-mile - segment from the headwaters in T. 3 S., R. 6 W., sec. 20 - downstream to the confluence with the Nestucca River in T. 3 - S., R. 6 W., sec. 15, Willamette Meridian, to be administered - by the Secretary of the Interior as a recreational river. - ``(219) North fork silver creek, oregon.--The approximately - 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 - downstream to the western edge of the Bureau of Land Management - boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to - be administered by the Secretary of the Interior as a + + ``(xi) Missouri creek.-- + + ``(I) Scenic river.--The approximately 3.1-mile + segment of Missouri Creek from its headwaters + downstream to the Wild Rogue Wilderness boundary in T. + 33 S., R. 10 W., sec. 24, Willamette Meridian, as a + scenic river. + ``(II) Wild river.--The approximately 1.6-mile + segment of Missouri Creek from the Wild Rogue + Wilderness boundary in T. 33 S., R. 10 W., sec. 24, + Willamette Meridian, to the confluence with the Rogue + River, as a wild river. + + ``(xii) Jenny creek.-- + + ``(I) Scenic river.--The approximately 3.1-mile + segment of Jenny Creek from its headwaters downstream + to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 + W., sec. 28, Willamette Meridian, as a scenic river. + ``(II) Wild river.--The approximately 1.8-mile + segment of Jenny Creek from the Wild Rogue Wilderness + boundary in T. 33 S., R. 9 W., sec. 28, Willamette + Meridian, to the confluence with the Rogue River, as a + wild river. + + ``(xiii) Rum creek.-- + + ``(I) Scenic river.--The approximately 2.2-mile + segment of Rum Creek from its headwaters to the Wild + Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, + Willamette Meridian, as a scenic river. + ``(II) Wild river.--The approximately 2.2-mile + segment of Rum Creek from the Wild Rogue Wilderness + boundary in T. 34 S., R. 8 W., sec. 9, Willamette + Meridian, to the confluence with the Rogue River, as a + wild river. + + ``(xiv) East fork rum creek.-- + + ``(I) Scenic river.--The approximately 0.8-mile + segment of East Fork Rum Creek from its headwaters to + the Wild Rogue Wilderness boundary in T. 34 S., R. 8 + W., sec. 10, Willamette Meridian, as a scenic river. + ``(II) Wild river.--The approximately 1.3-mile + segment of East Fork Rum Creek from the Wild Rogue + Wilderness boundary in T. 34 S., R. 8 W., sec. 10, + Willamette Meridian, to the confluence with Rum Creek, + as a wild river. + + ``(xv) Wildcat creek.--The approximately 1.7-mile + segment of Wildcat Creek from its headwaters downstream to + the confluence with the Rogue River, as a wild river. + ``(xvi) Montgomery creek.--The approximately 1.8-mile + segment of Montgomery Creek from its headwaters downstream + to the confluence with the Rogue River, as a wild river. + ``(xvii) Hewitt creek.-- + + ``(I) Scenic river.--The approximately 1.4-mile + segment of Hewitt Creek from its headwaters to the Wild + Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. + 19, Willamette Meridian, as a scenic river. + ``(II) Wild river.--The approximately 1.2-mile + segment of Hewitt Creek from the Wild Rogue Wilderness + boundary in T. 33 S., R. 9 W., sec. 19, Willamette + Meridian, to the confluence with the Rogue River, as a + wild river. + + ``(xviii) Bunker creek.--The approximately 6.6-mile + segment of Bunker Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xix) Dulog creek.-- + + ``(I) Scenic river.--The approximately 0.8-mile + segment of Dulog Creek from its headwaters to 0.1 miles + downstream of road 34-8-36, as a scenic river. + ``(II) Wild river.--The approximately 1.0-mile + segment of Dulog Creek from road 34-8-36 to the + confluence with the Rogue River, as a wild river. + + ``(xx) Quail creek.--The approximately 1.7-mile segment + of Quail Creek from the Wild Rogue Wilderness boundary in + T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the + confluence with the Rogue River, as a wild river. + ``(xxi) Meadow creek.--The approximately 4.1-mile + segment of Meadow Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xxii) Russian creek.--The approximately 2.5-mile + segment of Russian Creek from the Wild Rogue Wilderness + boundary in T. 33 S., R. 8 W., sec. 20, Willamette + Meridian, to the confluence with the Rogue River, as a wild + river. + ``(xxiii) Alder creek.--The approximately 1.2-mile + segment of Alder Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xxiv) Booze creek.--The approximately 1.5-mile + segment of Booze Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xxv) Bronco creek.--The approximately 1.8-mile + segment of Bronco Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xxvi) Copsey creek.--The approximately 1.5-mile + segment of Copsey Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xxvii) Corral creek.--The approximately 0.5-mile + segment of Corral Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xxviii) Cowley creek.--The approximately 0.9-mile + segment of Cowley Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xxix) Ditch creek.--The approximately 1.8-mile + segment of Ditch Creek from the Wild Rogue Wilderness + boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, + to its confluence with the Rogue River, as a wild river. + ``(xxx) Francis creek.--The approximately 0.9-mile + segment of Francis Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xxxi) Long gulch.-- + + ``(I) Scenic river.--The approximately 1.4-mile + segment of Long Gulch from its headwaters to the Wild + Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. + 23, Willamette Meridian, as a scenic river. + ``(II) Wild river.--The approximately 1.1-mile + segment of Long Gulch from the Wild Rogue Wilderness + boundary in T. 33 S., R. 10 W., sec. 23, Willamette + Meridian, to the confluence with the Rogue River, as a + wild river. + + ``(xxxii) Bailey creek.-- + + ``(I) Scenic river.--The approximately 1.4-mile + segment of Bailey Creek from its headwaters to the Wild + Rogue Wilderness boundary on the west section line of + T. 34 S., R. 8 W., sec. 14, Willamette Meridian, as a + scenic river. + ``(II) Wild river.--The approximately 1.7-mile + segment of Bailey Creek from the west section line of + T. 34 S., R.8 W., sec. 14, Willamette Meridian, to the + confluence of the Rogue River, as a wild river. + + ``(xxxiii) Shady creek.--The approximately 0.7-mile + segment of Shady Creek from its headwaters to the + confluence with the Rogue River, as a wild river. + ``(xxxiv) Slide creek.-- + + ``(I) Scenic river.--The approximately 0.5-mile + segment of Slide Creek from its headwaters to road 33- + 9-6, as a scenic river. + ``(II) Wild river.--The approximately 0.7-mile + section of Slide Creek from road 33-9-6 to the + confluence with the Rogue River, as a wild river.''. + + (B) Management.--Each river segment designated by + subparagraph (B) of section 3(a)(5) of the Wild and Scenic + Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subparagraph + (A)) shall be managed as part of the Rogue Wild and Scenic + River. + (C) Withdrawal.--Subject to valid existing rights, the + Federal land within the boundaries of the river segments + designated by subparagraph (B) of section 3(a)(5) of the Wild + and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by + subparagraph (A)) is withdrawn from all forms of-- + (i) entry, appropriation, or disposal under the public + land laws; + (ii) location, entry, and patent under the mining laws; + and + (iii) disposition under all laws pertaining to mineral + and geothermal leasing or mineral materials. + (D) Additional protections for rogue river tributaries.-- + (i) Licensing by commission.--The Federal Energy + Regulatory Commission shall not license the construction of + any dam, water conduit, reservoir, powerhouse, transmission + line, or other project works on or directly affecting any + stream described in clause (iv). + (ii) Other agencies.-- + + (I) In general.--No department or agency of the + United States shall assist by loan, grant, license, or + otherwise in the construction of any water resources + project on or directly affecting any stream segment + that is described in clause (iv), except to maintain or + repair water resources projects in existence on the + date of enactment of this Act. + (II) Effect.--Nothing in this clause prohibits any + department or agency of the United States in assisting + by loan, grant, license, or otherwise, a water + resources project-- + + (aa) the primary purpose of which is ecological + or aquatic restoration; + (bb) that provides a net benefit to water + quality and aquatic resources; and + (cc) that is consistent with protecting and + enhancing the values for which the river was + designated. + (iii) Withdrawal.--Subject to valid existing rights, + the Federal land located within \1/4\ mile on either side + of the stream segments described in clause (iv) is + withdrawn from all forms of-- + + (I) entry, appropriation, or disposal under the + public land laws; + (II) location, entry, and patent under the mining + laws; and + (III) disposition under all laws pertaining to + mineral and geothermal leasing or mineral materials. + + (iv) Description of stream segments.--The following are + the stream segments referred to in clause (i): + + (I) Kelsey creek.--The approximately 2.5-mile + segment of Kelsey Creek from its headwaters to the Wild + Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. + 25, Willamette Meridian. + (II) Grave creek.--The approximately 10.2-mile + segment of Grave Creek from the east boundary of T. 34 + S., R. 7 W., sec. 1, Willamette Meridian, downstream to + the confluence with the Rogue River. + (III) Centennial gulch.--The approximately 2.2-mile + segment of Centennial Gulch from its headwaters to its + confluence with the Rogue River in T. 34 S., R. 7, W., + sec. 18, Willamette Meridian. + (IV) Quail creek.--The approximately 0.8-mile + segment of Quail Creek from its headwaters to the Wild + Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. + 1, Willamette Meridian. + (V) Ditch creek.--The approximately 0.7-mile + segment of Ditch Creek from its headwaters to the Wild + Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, + Willamette Meridian. + (VI) Galice creek.--The approximately 2.2-mile + segment of Galice Creek from the confluence with the + North Fork Galice Creek downstream to the confluence + with the Rogue River in T. 34 S., R. 8 W., sec. 36, + Willamette Meridian. + (VII) Quartz creek.--The approximately 3.3-mile + segment of Quartz Creek from its headwaters to its + confluence with the North Fork Galice Creek in T. 35 + S., R. 8 W., sec. 4, Willamette Meridian. + (VIII) North fork galice creek.--The approximately + 5.7-mile segment of the North Fork Galice Creek from + its headwaters to its confluence with the South Fork + Galice Creek in T. 35 S., R. 8 W., sec. 3, Willamette + Meridian. + + (2) Technical corrections to the wild and scenic rivers act.-- + (A) Chetco, oregon.--Section 3(a)(69) of the Wild and + Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended-- + (i) by redesignating subparagraphs (A), (B), and (C) as + clauses (i), (ii), and (iii), respectively, and indenting + appropriately; + (ii) in the matter preceding clause (i) (as so + redesignated), by striking ``The 44.5-mile'' and inserting + the following: + ``(A) Designations.--The 44.5-mile''; + (iii) in clause (i) (as so redesignated)-- + + (I) by striking ``25.5-mile'' and inserting ``27.5- + mile''; and + (II) by striking ``Boulder Creek at the Kalmiopsis + Wilderness boundary'' and inserting ``Mislatnah + Creek''; + + (iv) in clause (ii) (as so redesignated)-- + + (I) by striking ``8-mile'' and inserting ``7.5- + mile''; and + (II) by striking ``Boulder Creek to Steel Bridge'' + and inserting ``Mislatnah Creek to Eagle Creek''; + + (v) in clause (iii) (as so redesignated)-- + + (I) by striking ``11-mile'' and inserting ``9.5- + mile''; and + (II) by striking ``Steel Bridge'' and inserting + ``Eagle Creek''; and + + (vi) by adding at the end the following: + ``(B) Withdrawal.--Subject to valid rights, the Federal + land within the boundaries of the river segments designated by + subparagraph (A) is withdrawn from all forms of-- + ``(i) entry, appropriation, or disposal under the + public land laws; + ``(ii) location, entry, and patent under the mining + laws; and + ``(iii) disposition under all laws pertaining to + mineral and geothermal leasing or mineral materials.''. + (B) Whychus creek, oregon.--Section 3(a)(102) of the Wild + and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended-- + (i) in the paragraph heading, by striking ``Squaw + creek'' and inserting ``Whychus creek''; + (ii) by redesignating subparagraphs (A) and (B) as + clauses (i) and (ii), respectively, and indenting + appropriately; + (iii) in the matter preceding clause (i) (as so + redesignated)-- + + (I) by striking ``The 15.4-mile'' and inserting the + following: + + ``(A) Designations.--The 15.4-mile''; and + + (II) by striking ``McAllister Ditch, including the + Soap Fork Squaw Creek, the North Fork, the South Fork, + the East and West Forks of Park Creek, and Park Creek + Fork'' and inserting ``Plainview Ditch, including the + Soap Creek, the North and South Forks of Whychus Creek, + the East and West Forks of Park Creek, and Park + Creek''; + + (iv) in clause (ii) (as so redesignated), by striking + ``McAllister Ditch'' and inserting ``Plainview Ditch''; and + (v) by adding at the end the following: + ``(B) Withdrawal.--Subject to valid existing rights, the + Federal land within the boundaries of the river segments + designated by subparagraph (A) is withdrawn from all forms of-- + ``(i) entry, appropriation, or disposal under the + public land laws; + ``(ii) location, entry, and patent under the mining + laws; and + ``(iii) disposition under all laws relating to mineral + and geothermal leasing or mineral materials.''. + (3) Wild and scenic river designations, wasson creek and + franklin creek, oregon.--Section 3(a) of the Wild and Scenic Rivers + Act (16 U.S.C. 1274(a)) is amended by adding at the end the + following: + ``(214) Franklin creek, oregon.--The 4.5-mile segment from its + headwaters to the private land boundary in sec. 8, to be + administered by the Secretary of Agriculture as a wild river. + ``(215) Wasson creek, oregon.--The 10.1-mile segment in the + following classes: + ``(A) The 4.2-mile segment from the eastern boundary of T. + 21 S., R. 9 W., sec. 17, downstream to the western boundary of + T. 21 S., R. 10 W., sec. 12, to be administered by the + Secretary of the Interior as a wild river. + ``(B) The 5.9-mile segment from the western boundary of T. + 21 S., R. 10 W., sec. 12, downstream to the eastern boundary of + the northwest quarter of T. 21 S., R. 10 W., sec. 22, to be + administered by the Secretary of Agriculture as a wild + river.''. + (4) Wild and scenic river designations, molalla river, + oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. + 1274(a)) (as amended by paragraph (3)) is amended by adding at the + end the following: + ``(216) Molalla river, oregon.-- + ``(A) In general.--The following segments in the State of + Oregon, to be administered by the Secretary of the Interior as + a recreational river: + ``(i) Molalla river.--The approximately 15.1-mile + segment from the southern boundary line of T. 7 S., R. 4 + E., sec. 19, downstream to the edge of the Bureau of Land + Management boundary in T. 6 S., R. 3 E., sec. 7. + ``(ii) Table rock fork molalla river.--The + approximately 6.2-mile segment from the easternmost Bureau + of Land Management boundary line in the NE\1/4\ sec. 4, T. + 7 S., R. 4 E., downstream to the confluence with the + Molalla River. + ``(B) Withdrawal.--Subject to valid existing rights, the + Federal land within the boundaries of the river segments + designated by subparagraph (A) is withdrawn from all forms of-- + ``(i) entry, appropriation, or disposal under the + public land laws; + ``(ii) location, entry, and patent under the mining + laws; and + ``(iii) disposition under all laws relating to mineral + and geothermal leasing or mineral materials.''. + (5) Designation of additional wild and scenic rivers.-- + (A) Elk river, oregon.-- + (i) In general.--Section 3(a) of the Wild and Scenic + Rivers Act (16 U.S.C. 1274(a)) is amended by striking + paragraph (76) and inserting the following: + ``(76) Elk, oregon.--The 69.2-mile segment to be administered + by the Secretary of Agriculture in the following classes: + ``(A) Mainstem.--The 17-mile segment from the confluence of + the North and South Forks of the Elk to Anvil Creek as a recreational river. - ``(220) Jenny creek, oregon.--The approximately 17.6-mile - segment from the Bureau of Land Management boundary located at - the north boundary of the southwest quarter of the southeast - quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian, - downstream to the Oregon State border, to be administered by - the Secretary of the Interior as a scenic river. - ``(221) Spring creek, oregon.--The approximately 1.1-mile - segment from its source at Shoat Springs in T. 40 S., R. 4 E., - sec. 34, Willamette Meridian, downstream to the confluence with - Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, - to be administered by the Secretary of the Interior as a scenic - river. - ``(222) Lobster creek, oregon.--The approximately 5-mile - segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, - downstream to the northern edge of the Bureau of Land - Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette - Meridian, to be administered by the Secretary of the Interior - as a recreational river. - ``(223) Elk creek, oregon.--The approximately 7.3-mile - segment from its confluence with Flat Creek near river mile 9, - to the southern edge of the Army Corps of Engineers boundary in - T. 33 S., R. 1 E., sec. 30, Willamette Meridian, near river - mile 1.7, to be administered by the Secretary of the Interior - as a scenic river.''. - (ii) Administration of elk creek.-- - (I) Lateral boundaries of elk - creek.--The lateral boundaries of the - river segment designated by paragraph - (223) of section 3(a) of the Wild and - Scenic Rivers Act (16 U.S.C. 1274(a)) - (as added by clause (i)) shall include - an average of not more than 640 acres - per mile measured from the ordinary - high water mark on both sides of the - river segment. - (II) Deauthorization.--The Elk - Creek Project authorized under the - Flood Control Act of 1962 (Public Law - 87-874; 76 Stat. 1192) is deauthorized. - (iii) Withdrawal.--Subject to valid - existing rights, the Federal land within the - boundaries of the river segments designated by - paragraphs (217) through (223) of section 3(a) - of the Wild and Scenic Rivers Act (16 U.S.C. - 1274(a)) (as added by clause (i)) is withdrawn - from all forms of-- - (I) entry, appropriation, or - disposal under the public land laws; - (II) location, entry, and patent - under the mining laws; and - (III) disposition under all laws - relating to mineral and geothermal - leasing or mineral materials. + ``(B) North fork.-- + ``(i) Scenic river.--The approximately 0.6-mile segment + of the North Fork Elk from its source in T. 33 S., R. 12 + W., sec. 21, Willamette Meridian, downstream to 0.01 miles + below Forest Service Road 3353, as a scenic river. + ``(ii) Wild river.--The approximately 5.5-mile segment + of the North Fork Elk from 0.01 miles below Forest Service + Road 3353 to its confluence with the South Fork Elk, as a + wild river. + ``(C) South fork.-- + ``(i) Scenic river.--The approximately 0.9-mile segment + of the South Fork Elk from its source in the southeast + quarter of T. 33 S., R. 12 W., sec. 32, Willamette + Meridian, Forest Service Road 3353, as a scenic river. + ``(ii) Wild river.--The approximately 4.2-mile segment + of the South Fork Elk from 0.01 miles below Forest Service + Road 3353 to its confluence with the North Fork Elk, as a + wild river. + ``(D) Other tributaries.-- + ``(i) Rock creek.--The approximately 1.7-mile segment + of Rock Creek from its headwaters to the west boundary of + T. 32 S., R. 14 W., sec. 30, Willamette Meridian, as a wild + river. + ``(ii) Bald mountain creek.--The approximately 8-mile + segment of Bald Mountain Creek from its headwaters, + including Salal Spring to its confluence with Elk River, as + a recreational river. + ``(iii) South fork bald mountain creek.--The + approximately 3.5-mile segment of South Fork Bald Mountain + Creek from its headwaters to its confluence with Bald + Mountain Creek, as a scenic river. + ``(iv) Platinum creek.--The approximately 1-mile + segment of Platinum Creek from-- + + ``(I) its headwaters to Forest Service Road 5325, + as a wild river; and + ``(II) Forest Service Road 5325 to its confluence + with Elk River, as a scenic river. + + ``(v) Panther creek.--The approximately 5.0-mile + segment of Panther Creek from-- + + ``(I) its headwaters, including Mountain Well, to + Forest Service Road 5325, as a wild river; and + ``(II) Forest Service Road 5325 to its confluence + with Elk River, as a scenic river. + + ``(vi) East fork panther creek.--The approximately 3.0- + mile segment of East Fork Panther Creek from it headwaters, + to the confluence with Panther Creek, as a wild river. + ``(vii) West fork panther creek.--The approximately + 3.0-mile segment of West Fork Panther Creek from its + headwaters to the confluence with Panther Creek as a wild + river. + ``(viii) Lost creek.--The approximately 1.0-mile + segment of Lost Creek from-- + + ``(I) its headwaters to Forest Service Road 5325, + as a wild river; and + ``(II) Forest Service Road 5325 to its confluence + with the Elk River, as a scenic river. + + ``(ix) Milbury creek.--The approximately 1.5-mile + segment of Milbury Creek from-- + + ``(I) its headwaters to Forest Service Road 5325, + as a wild river; and + ``(II) Forest Service Road 5325 to its confluence + with the Elk River, as a scenic river. + + ``(x) Blackberry creek.--The approximately 5.0-mile + segment of Blackberry Creek from-- + + ``(I) its headwaters to Forest Service Road 5325, + as a wild river; and + ``(II) Forest Service Road 5325 to its confluence + with the Elk River, as a scenic river. + + ``(xi) East fork blackberry creek.--The approximately + 2.0-mile segment of the unnamed tributary locally known as + `East Fork Blackberry Creek' from its headwaters in T. 33 + S., R. 13 W., sec. 26, Willamette Meridian, to its + confluence with Blackberry Creek, as a wild river. + ``(xii) Mccurdy creek.--The approximately 1.0-mile + segment of McCurdy Creek from-- + + ``(I) its headwaters to Forest Service Road 5325, + as a wild river; and + ``(II) Forest Service Road 5325 to its confluence + with the Elk River, as a scenic river. + + ``(xiii) Bear creek.--The approximately 1.5-mile + segment of Bear Creek from headwaters to the confluence + with Bald Mountain Creek, as a recreational river. + ``(xiv) Butler creek.--The approximately 4-mile segment + of Butler Creek from-- + + ``(I) its headwaters to the south boundary of T. 33 + S., R. 13 W., sec. 8, Willamette Meridian, as a wild + river; and + ``(II) from the south boundary of T. 33 S., R. 13 + W., sec. 8, Willamette Meridian, to its confluence with + Elk River, as a scenic river. + + ``(xv) East fork butler creek.--The approximately 2.8- + mile segment locally known as the `East Fork of Butler + Creek' from its headwaters on Mount Butler in T. 32 S., R. + 13 W., sec. 29, Willamette Meridian, to its confluence with + Butler Creek, as a scenic river. + ``(xvi) Purple mountain creek.--The approximately 2.0- + mile segment locally known as `Purple Mountain Creek' + from-- + + ``(I) its headwaters in secs. 35 and 36, T. 33 S., + R. 14 W., Willamette Meridian, to 0.01 miles above + Forest Service Road 5325, as a wild river; and + ``(II) 0.01 miles above Forest Service Road 5325 to + its confluence with the Elk River, as a scenic + river.''. + + (ii) Withdrawal.--Subject to valid existing rights, the + Federal land within the boundaries of the river segments + designated by paragraph (76) of section 3(a) of the Wild + and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by + clause (i)) is withdrawn from all forms of-- + + (I) entry, appropriation, or disposal under the + public land laws; + (II) location, entry, and patent under the mining + laws; and + (III) disposition under all laws relating to + mineral and geothermal leasing or mineral materials. + + (B) Designation of wild and scenic river segments.-- + (i) In general.--Section 3(a) of the Wild and Scenic + Rivers Act (16 U.S.C. 1274(a)) (as amended by paragraph + (4)) is amended by adding at the end the following: + ``(217) Nestucca river, oregon.--The approximately 15.5-mile + segment from its confluence with Ginger Creek downstream until it + crosses the western edge of T. 4 S., R. 7 W., sec. 7, Willamette + Meridian, to be administered by the Secretary of the Interior as a + recreational river. + ``(218) Walker creek, oregon.--The approximately 2.9-mile + segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream + to the confluence with the Nestucca River in T. 3 S., R. 6 W., sec. + 15, Willamette Meridian, to be administered by the Secretary of the + Interior as a recreational river. + ``(219) North fork silver creek, oregon.--The approximately 6- + mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 + downstream to the western edge of the Bureau of Land Management + boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to be + administered by the Secretary of the Interior as a recreational + river. + ``(220) Jenny creek, oregon.--The approximately 17.6-mile + segment from the Bureau of Land Management boundary located at the + north boundary of the southwest quarter of the southeast quarter of + T. 38 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the + Oregon State border, to be administered by the Secretary of the + Interior as a scenic river. + ``(221) Spring creek, oregon.--The approximately 1.1-mile + segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. + 34, Willamette Meridian, downstream to the confluence with Jenny + Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, to be + administered by the Secretary of the Interior as a scenic river. + ``(222) Lobster creek, oregon.--The approximately 5-mile + segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, + downstream to the northern edge of the Bureau of Land Management + boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to be + administered by the Secretary of the Interior as a recreational + river. + ``(223) Elk creek, oregon.--The approximately 7.3-mile segment + from its confluence with Flat Creek near river mile 9, to the + southern edge of the Army Corps of Engineers boundary in T. 33 S., + R. 1 E., sec. 30, Willamette Meridian, near river mile 1.7, to be + administered by the Secretary of the Interior as a scenic river.''. + (ii) Administration of elk creek.-- + + (I) Lateral boundaries of elk creek.--The lateral + boundaries of the river segment designated by paragraph + (223) of section 3(a) of the Wild and Scenic Rivers Act + (16 U.S.C. 1274(a)) (as added by clause (i)) shall + include an average of not more than 640 acres per mile + measured from the ordinary high water mark on both + sides of the river segment. + (II) Deauthorization.--The Elk Creek Project + authorized under the Flood Control Act of 1962 (Public + Law 87-874; 76 Stat. 1192) is deauthorized. + + (iii) Withdrawal.--Subject to valid existing rights, + the Federal land within the boundaries of the river + segments designated by paragraphs (217) through (223) of + section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. + 1274(a)) (as added by clause (i)) is withdrawn from all + forms of-- + + (I) entry, appropriation, or disposal under the + public land laws; + (II) location, entry, and patent under the mining + laws; and + (III) disposition under all laws relating to + mineral and geothermal leasing or mineral materials. + (b) Devil's Staircase Wilderness.-- - (1) Definitions.--In this subsection: - (A) Map.--The term ``map'' means the map entitled - ``Devil's Staircase Wilderness Proposal'' and dated - July 26, 2018. - (B) Secretary.--The term ``Secretary'' means-- - (i) the Secretary, with respect to public - land administered by the Secretary; or - (ii) the Secretary of Agriculture, with - respect to National Forest System land. - (C) State.--The term ``State'' means the State of - Oregon. - (D) Wilderness.--The term ``Wilderness'' means the - Devil's Staircase Wilderness designated by paragraph - (2). - (2) Designation.--In accordance with the Wilderness Act (16 - U.S.C. 1131 et seq.), the approximately 30,621 acres of Forest - Service land and Bureau of Land Management land in the State, - as generally depicted on the map, is designated as wilderness - and as a component of the National Wilderness Preservation - System, to be known as the ``Devil's Staircase Wilderness''. - (3) Map; legal description.-- - (A) In general.--As soon as practicable after the - date of enactment of this Act, the Secretary shall - prepare a map and legal description of the Wilderness. - (B) Force of law.--The map and legal description - prepared under subparagraph (A) shall have the same - force and effect as if included in this subsection, - except that the Secretary may correct clerical and - typographical errors in the map and legal description. - (C) Availability.--The map and legal description - prepared under subparagraph (A) shall be on file and - available for public inspection in the appropriate - offices of the Forest Service and Bureau of Land - Management. - (4) Administration.--Subject to valid existing rights, the - area designated as wilderness by this subsection shall be - administered by the Secretary in accordance with the Wilderness - Act (16 U.S.C. 1131 et seq.), except that-- - (A) any reference in that Act to the effective date - shall be considered to be a reference to the date of - enactment of this Act; and - (B) any reference in that Act to the Secretary of - Agriculture shall be considered to be a reference to - the Secretary that has jurisdiction over the land - within the Wilderness. - (5) Fish and wildlife.--Nothing in this subsection affects - the jurisdiction or responsibilities of the State with respect - to fish and wildlife in the State. - (6) Adjacent management.-- - (A) In general.--Nothing in this subsection creates - any protective perimeter or buffer zone around the - Wilderness. - (B) Activities outside wilderness.--The fact that a - nonwilderness activity or use on land outside the - Wilderness can be seen or heard within the Wilderness - shall not preclude the activity or use outside the - boundary of the Wilderness. - (7) Protection of tribal rights.--Nothing in this - subsection diminishes any treaty rights of an Indian Tribe. - (8) Transfer of administrative jurisdiction.-- - (A) In general.--Administrative jurisdiction over - the approximately 49 acres of Bureau of Land Management - land north of the Umpqua River in T. 21 S., R. 11 W., - sec. 32, is transferred from the Bureau of Land - Management to the Forest Service. - (B) Administration.--The Secretary shall administer - the land transferred by subparagraph (A) in accordance - with-- - (i) the Act of March 1, 1911 (commonly - known as the ``Weeks Law'') (16 U.S.C. 480 et - seq.); and - (ii) any laws (including regulations) - applicable to the National Forest System. + (1) Definitions.--In this subsection: + (A) Map.--The term ``map'' means the map entitled ``Devil's + Staircase Wilderness Proposal'' and dated July 26, 2018. + (B) Secretary.--The term ``Secretary'' means-- + (i) the Secretary, with respect to public land + administered by the Secretary; or + (ii) the Secretary of Agriculture, with respect to + National Forest System land. + (C) State.--The term ``State'' means the State of Oregon. + (D) Wilderness.--The term ``Wilderness'' means the Devil's + Staircase Wilderness designated by paragraph (2). + (2) Designation.--In accordance with the Wilderness Act (16 + U.S.C. 1131 et seq.), the approximately 30,621 acres of Forest + Service land and Bureau of Land Management land in the State, as + generally depicted on the map, is designated as wilderness and as a + component of the National Wilderness Preservation System, to be + known as the ``Devil's Staircase Wilderness''. + (3) Map; legal description.-- + (A) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall prepare a map and + legal description of the Wilderness. + (B) Force of law.--The map and legal description prepared + under subparagraph (A) shall have the same force and effect as + if included in this subsection, except that the Secretary may + correct clerical and typographical errors in the map and legal + description. + (C) Availability.--The map and legal description prepared + under subparagraph (A) shall be on file and available for + public inspection in the appropriate offices of the Forest + Service and Bureau of Land Management. + (4) Administration.--Subject to valid existing rights, the area + designated as wilderness by this subsection shall be administered + by the Secretary in accordance with the Wilderness Act (16 U.S.C. + 1131 et seq.), except that-- + (A) any reference in that Act to the effective date shall + be considered to be a reference to the date of enactment of + this Act; and + (B) any reference in that Act to the Secretary of + Agriculture shall be considered to be a reference to the + Secretary that has jurisdiction over the land within the + Wilderness. + (5) Fish and wildlife.--Nothing in this subsection affects the + jurisdiction or responsibilities of the State with respect to fish + and wildlife in the State. + (6) Adjacent management.-- + (A) In general.--Nothing in this subsection creates any + protective perimeter or buffer zone around the Wilderness. + (B) Activities outside wilderness.--The fact that a + nonwilderness activity or use on land outside the Wilderness + can be seen or heard within the Wilderness shall not preclude + the activity or use outside the boundary of the Wilderness. + (7) Protection of tribal rights.--Nothing in this subsection + diminishes any treaty rights of an Indian Tribe. + (8) Transfer of administrative jurisdiction.-- + (A) In general.--Administrative jurisdiction over the + approximately 49 acres of Bureau of Land Management land north + of the Umpqua River in T. 21 S., R. 11 W., sec. 32, is + transferred from the Bureau of Land Management to the Forest + Service. + (B) Administration.--The Secretary shall administer the + land transferred by subparagraph (A) in accordance with-- + (i) the Act of March 1, 1911 (commonly known as the + ``Weeks Law'') (16 U.S.C. 480 et seq.); and + (ii) any laws (including regulations) applicable to the + National Forest System. PART II--EMERY COUNTY PUBLIC LAND MANAGEMENT SEC. 1211. DEFINITIONS. - In this part: - (1) Council.--The term ``Council'' means the San Rafael - Swell Recreation Area Advisory Council established under - section 1223(a). - (2) County.--The term ``County'' means Emery County in the - State. - (3) Management plan.--The term ``Management Plan'' means - the management plan for the Recreation Area developed under - section 1222(c). - (4) Map.--The term ``Map'' means the map entitled ``Emery - County Public Land Management Act of 2018 Overview Map'' and - dated February 5, 2019. - (5) Recreation area.--The term ``Recreation Area'' means - the San Rafael Swell Recreation Area established by section - 1221(a)(1). - (6) Secretary.--The term ``Secretary'' means-- - (A) the Secretary, with respect to public land - administered by the Bureau of Land Management; and - (B) the Secretary of Agriculture, with respect to - National Forest System land. - (7) State.--The term ``State'' means the State of Utah. - (8) Wilderness area.--The term ``wilderness area'' means a - wilderness area designated by section 1231(a). - + (1) Council.--The term ``Council'' means the San Rafael Swell + Recreation Area Advisory Council established under section 1223(a). + (2) County.--The term ``County'' means Emery County in the + State. + (3) Management plan.--The term ``Management Plan'' means the + management plan for the Recreation Area developed under section + 1222(c). + (4) Map.--The term ``Map'' means the map entitled ``Emery + County Public Land Management Act of 2018 Overview Map'' and dated + February 5, 2019. + (5) Recreation area.--The term ``Recreation Area'' means the + San Rafael Swell Recreation Area established by section 1221(a)(1). + (6) Secretary.--The term ``Secretary'' means-- + (A) the Secretary, with respect to public land administered + by the Bureau of Land Management; and + (B) the Secretary of Agriculture, with respect to National + Forest System land. + (7) State.--The term ``State'' means the State of Utah. + (8) Wilderness area.--The term ``wilderness area'' means a + wilderness area designated by section 1231(a). SEC. 1212. ADMINISTRATION. - Nothing in this part affects or modifies-- - (1) any right of any federally recognized Indian Tribe; or - (2) any obligation of the United States to any federally - recognized Indian Tribe. - + (1) any right of any federally recognized Indian Tribe; or + (2) any obligation of the United States to any federally + recognized Indian Tribe. SEC. 1213. EFFECT ON WATER RIGHTS. - Nothing in this part-- - (1) affects the use or allocation, in existence on the date - of enactment of this Act, of any water, water right, or - interest in water; - (2) affects any water right (as defined by applicable State - law) in existence on the date of enactment of this Act, - including any water right held by the United States; - (3) affects any interstate water compact in existence on - the date of enactment of this Act; - (4) shall be considered to be a relinquishment or reduction - of any water rights reserved or appropriated by the United - States in the State on or before the date of enactment of this - Act; or - (5) affects the management and operation of Flaming Gorge - Dam and Reservoir, including the storage, management, and - release of water. - + (1) affects the use or allocation, in existence on the date of + enactment of this Act, of any water, water right, or interest in + water; + (2) affects any water right (as defined by applicable State + law) in existence on the date of enactment of this Act, including + any water right held by the United States; + (3) affects any interstate water compact in existence on the + date of enactment of this Act; + (4) shall be considered to be a relinquishment or reduction of + any water rights reserved or appropriated by the United States in + the State on or before the date of enactment of this Act; or + (5) affects the management and operation of Flaming Gorge Dam + and Reservoir, including the storage, management, and release of + water. SEC. 1214. SAVINGS CLAUSE. - Nothing in this part diminishes the authority of the Secretary under Public Law 92-195 (commonly known as the ``Wild Free-Roaming Horses and Burros Act'') (16 U.S.C. 1331 et seq.). @@ -5348,100 +4865,92 @@ Horses and Burros Act'') (16 U.S.C. 1331 et seq.). Subpart A--San Rafael Swell Recreation Area SEC. 1221. ESTABLISHMENT OF RECREATION AREA. - (a) Establishment.-- - (1) In general.--Subject to valid existing rights, there is - established the San Rafael Swell Recreation Area in the State. - (2) Area included.--The Recreation Area shall consist of - approximately 216,995 acres of Federal land managed by the - Bureau of Land Management, as generally depicted on the Map. + (1) In general.--Subject to valid existing rights, there is + established the San Rafael Swell Recreation Area in the State. + (2) Area included.--The Recreation Area shall consist of + approximately 216,995 acres of Federal land managed by the Bureau + of Land Management, as generally depicted on the Map. (b) Purposes.--The purposes of the Recreation Area are to provide for the protection, conservation, and enhancement of the recreational, cultural, natural, scenic, wildlife, ecological, historical, and educational resources of the Recreation Area. (c) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall file a map and legal - description of the Recreation Area with the Committee on - Natural Resources of the House of Representatives and the - Committee on Energy and Natural Resources of the Senate. - (2) Effect.--The map and legal description filed under - paragraph (1) shall have the same force and effect as if - included in this subpart, except that the Secretary may correct - clerical and typographical errors in the map and legal - description. - (3) Public availability.--A copy of the map and legal - description filed under paragraph (1) shall be on file and - available for public inspection in the appropriate offices of - the Bureau of Land Management. - + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file a map and legal + description of the Recreation Area with the Committee on Natural + Resources of the House of Representatives and the Committee on + Energy and Natural Resources of the Senate. + (2) Effect.--The map and legal description filed under + paragraph (1) shall have the same force and effect as if included + in this subpart, except that the Secretary may correct clerical and + typographical errors in the map and legal description. + (3) Public availability.--A copy of the map and legal + description filed under paragraph (1) shall be on file and + available for public inspection in the appropriate offices of the + Bureau of Land Management. SEC. 1222. MANAGEMENT OF RECREATION AREA. - (a) In General.--The Secretary shall administer the Recreation Area-- - (1) in a manner that conserves, protects, and enhances the - purposes for which the Recreation Area is established; and - (2) in accordance with-- - (A) this section; - (B) the Federal Land Policy and Management Act of - 1976 (43 U.S.C. 1701 et seq.); and - (C) other applicable laws. + (1) in a manner that conserves, protects, and enhances the + purposes for which the Recreation Area is established; and + (2) in accordance with-- + (A) this section; + (B) the Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1701 et seq.); and + (C) other applicable laws. (b) Uses.--The Secretary shall allow only uses of the Recreation Area that are consistent with the purposes for which the Recreation Area is established. (c) Management Plan.-- - (1) In general.--Not later than 5 years after the date of - enactment of this Act, the Secretary shall develop a - comprehensive management plan for the long-term protection and - management of the Recreation Area. - (2) Requirements.--The Management Plan shall-- - (A) describe the appropriate uses and management of - the Recreation Area; - (B) be developed with extensive public input; - (C) take into consideration any information - developed in studies of the land within the Recreation - Area; and - (D) be developed fully consistent with the - settlement agreement entered into on January 13, 2017, - in the case in the United States District Court for the - District of Utah styled ``Southern Utah Wilderness - Alliance, et al. v. U.S. Department of the Interior, et - al.'' and numbered 2:12-cv-257 DAK. + (1) In general.--Not later than 5 years after the date of + enactment of this Act, the Secretary shall develop a comprehensive + management plan for the long-term protection and management of the + Recreation Area. + (2) Requirements.--The Management Plan shall-- + (A) describe the appropriate uses and management of the + Recreation Area; + (B) be developed with extensive public input; + (C) take into consideration any information developed in + studies of the land within the Recreation Area; and + (D) be developed fully consistent with the settlement + agreement entered into on January 13, 2017, in the case in the + United States District Court for the District of Utah styled + ``Southern Utah Wilderness Alliance, et al. v. U.S. Department + of the Interior, et al.'' and numbered 2:12-cv-257 DAK. (d) Motorized Vehicles; New Roads.-- - (1) Motorized vehicles.--Except as needed for emergency - response or administrative purposes, the use of motorized - vehicles in the Recreation Area shall be permitted only on - roads and motorized routes designated in the Management Plan - for the use of motorized vehicles. - (2) New roads.--No new permanent or temporary roads or - other motorized vehicle routes shall be constructed within the - Recreation Area after the date of enactment of this Act. - (3) Existing roads.-- - (A) In general.--Necessary maintenance or repairs - to existing roads designated in the Management Plan for - the use of motorized vehicles, including necessary - repairs to keep existing roads free of debris or other - safety hazards, shall be permitted after the date of - enactment of this Act, consistent with the requirements - of this section. - (B) Effect.--Nothing in this subsection prevents - the Secretary from rerouting an existing road or trail - to protect Recreation Area resources from degradation - or to protect public safety, as determined to be - appropriate by the Secretary. + (1) Motorized vehicles.--Except as needed for emergency + response or administrative purposes, the use of motorized vehicles + in the Recreation Area shall be permitted only on roads and + motorized routes designated in the Management Plan for the use of + motorized vehicles. + (2) New roads.--No new permanent or temporary roads or other + motorized vehicle routes shall be constructed within the Recreation + Area after the date of enactment of this Act. + (3) Existing roads.-- + (A) In general.--Necessary maintenance or repairs to + existing roads designated in the Management Plan for the use of + motorized vehicles, including necessary repairs to keep + existing roads free of debris or other safety hazards, shall be + permitted after the date of enactment of this Act, consistent + with the requirements of this section. + (B) Effect.--Nothing in this subsection prevents the + Secretary from rerouting an existing road or trail to protect + Recreation Area resources from degradation or to protect public + safety, as determined to be appropriate by the Secretary. (e) Grazing.-- - (1) In general.--The grazing of livestock in the Recreation - Area, if established before the date of enactment of this Act, - shall be allowed to continue, subject to such reasonable - regulations, policies, and practices as the Secretary considers - to be necessary in accordance with-- - (A) applicable law (including regulations); and - (B) the purposes of the Recreation Area. - (2) Inventory.--Not later than 5 years after the date of - enactment of this Act, the Secretary, in collaboration with any - affected grazing permittee, shall carry out an inventory of - facilities and improvements associated with grazing activities - in the Recreation Area. + (1) In general.--The grazing of livestock in the Recreation + Area, if established before the date of enactment of this Act, + shall be allowed to continue, subject to such reasonable + regulations, policies, and practices as the Secretary considers to + be necessary in accordance with-- + (A) applicable law (including regulations); and + (B) the purposes of the Recreation Area. + (2) Inventory.--Not later than 5 years after the date of + enactment of this Act, the Secretary, in collaboration with any + affected grazing permittee, shall carry out an inventory of + facilities and improvements associated with grazing activities in + the Recreation Area. (f) Cold War Sites.--The Secretary shall manage the Recreation Area in a manner that educates the public about Cold War and historic uranium mine sites in the Recreation Area, subject to such terms and @@ -5451,18 +4960,18 @@ health and safety. interest in land located within the boundary of the Recreation Area that is acquired by the United States after the date of enactment of this Act shall-- - (1) become part of the Recreation Area; and - (2) be managed in accordance with applicable laws, - including as provided in this section. + (1) become part of the Recreation Area; and + (2) be managed in accordance with applicable laws, including as + provided in this section. (h) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area, including any land or interest in land that is acquired by the United States within the Recreation Area after the date of enactment of this Act, is withdrawn from-- - (1) entry, appropriation, or disposal under the public land - laws; - (2) location, entry, and patent under the mining laws; and - (3) operation of the mineral leasing, mineral materials, - and geothermal leasing laws. + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) operation of the mineral leasing, mineral materials, and + geothermal leasing laws. (i) Study of Nonmotorized Recreation Opportunities.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with interested parties, shall conduct a study of @@ -5474,9 +4983,7 @@ cooperative agreement with the State in accordance with section 307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)) and other applicable laws to provide for the protection, management, and maintenance of the Recreation Area. - SEC. 1223. SAN RAFAEL SWELL RECREATION AREA ADVISORY COUNCIL. - (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the ``San Rafael Swell Recreation Area Advisory @@ -5485,209 +4992,198 @@ Council''. the preparation and implementation of the Management Plan for the Recreation Area. (c) Applicable Law.--The Council shall be subject to-- - (1) the Federal Advisory Committee Act (5 U.S.C. App.); and - (2) section 309 of the Federal Land Policy and Management - Act of 1976 (43 U.S.C. 1739). + (1) the Federal Advisory Committee Act (5 U.S.C. App.); and + (2) section 309 of the Federal Land Policy and Management Act + of 1976 (43 U.S.C. 1739). (d) Members.--The Council shall include 7 members, to be appointed by the Secretary, of whom, to the maximum extent practicable-- - (1) 1 member shall represent the Emery County Commission; - (2) 1 member shall represent motorized recreational users; - (3) 1 member shall represent nonmotorized recreational - users; - (4) 1 member shall represent permittees holding grazing - allotments within the Recreation Area or wilderness areas - designated in this part; - (5) 1 member shall represent conservation organizations; - (6) 1 member shall have expertise in the historical uses of - the Recreation Area; and - (7) 1 member shall be appointed from the elected leadership - of a Federally recognized Indian Tribe that has significant - cultural or historical connections to, and expertise in, the - landscape, archeological sites, or cultural sites within the - County. + (1) 1 member shall represent the Emery County Commission; + (2) 1 member shall represent motorized recreational users; + (3) 1 member shall represent nonmotorized recreational users; + (4) 1 member shall represent permittees holding grazing + allotments within the Recreation Area or wilderness areas + designated in this part; + (5) 1 member shall represent conservation organizations; + (6) 1 member shall have expertise in the historical uses of the + Recreation Area; and + (7) 1 member shall be appointed from the elected leadership of + a Federally recognized Indian Tribe that has significant cultural + or historical connections to, and expertise in, the landscape, + archeological sites, or cultural sites within the County. Subpart B--Wilderness Areas SEC. 1231. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. - (a) Additions.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System: - (1) Big wild horse mesa.--Certain Federal land managed by - the Bureau of Land Management, comprising approximately 18,192 - acres, generally depicted on the Map as ``Proposed Big Wild - Horse Mesa Wilderness'', which shall be known as the ``Big Wild - Horse Mesa Wilderness''. - (2) Cold wash.--Certain Federal land managed by the Bureau - of Land Management, comprising approximately 11,001 acres, - generally depicted on the Map as ``Proposed Cold Wash - Wilderness'', which shall be known as the ``Cold Wash - Wilderness''. - (3) Desolation canyon.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 142,996 - acres, generally depicted on the Map as ``Proposed Desolation - Canyon Wilderness'', which shall be known as the ``Desolation - Canyon Wilderness''. - (4) Devil's canyon.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 8,675 - acres, generally depicted on the Map as ``Proposed Devil's - Canyon Wilderness'', which shall be known as the ``Devil's - Canyon Wilderness''. - (5) Eagle canyon.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 13,832 - acres, generally depicted on the Map as ``Proposed Eagle Canyon - Wilderness'', which shall be known as the ``Eagle Canyon - Wilderness''. - (6) Horse valley.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 12,201 - acres, generally depicted on the Map as ``Proposed Horse Valley - Wilderness'', which shall be known as the ``Horse Valley - Wilderness''. - (7) Labyrinth canyon.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 54,643 - acres, generally depicted on the Map as ``Proposed Labyrinth - Canyon Wilderness'', which shall be known as the ``Labyrinth - Canyon Wilderness''. - (8) Little ocean draw.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 20,660 - acres, generally depicted on the Map as ``Proposed Little Ocean - Draw Wilderness'', which shall be known as the ``Little Ocean - Draw Wilderness''. - (9) Little wild horse canyon.--Certain Federal land managed - by the Bureau of Land Management, comprising approximately - 5,479 acres, generally depicted on the Map as ``Proposed Little - Wild Horse Canyon Wilderness'', which shall be known as the - ``Little Wild Horse Canyon Wilderness''. - (10) Lower last chance.--Certain Federal land managed by - the Bureau of Land Management, comprising approximately 19,338 - acres, generally depicted on the Map as ``Proposed Lower Last - Chance Wilderness'', which shall be known as the ``Lower Last - Chance Wilderness''. - (11) Mexican mountain.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 76,413 - acres, generally depicted on the Map as ``Proposed Mexican - Mountain Wilderness'', which shall be known as the ``Mexican - Mountain Wilderness''. - (12) Middle wild horse mesa.--Certain Federal land managed - by the Bureau of Land Management, comprising approximately - 16,343 acres, generally depicted on the Map as ``Proposed - Middle Wild Horse Mesa Wilderness'', which shall be known as - the ``Middle Wild Horse Mesa Wilderness''. - (13) Muddy creek.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 98,023 - acres, generally depicted on the Map as ``Proposed Muddy Creek - Wilderness'', which shall be known as the ``Muddy Creek - Wilderness''. - (14) Nelson mountain.-- - (A) In general.--Certain Federal land managed by - the Forest Service, comprising approximately 7,176 - acres, and certain Federal land managed by the Bureau - of Land Management, comprising approximately 257 acres, - generally depicted on the Map as ``Proposed Nelson - Mountain Wilderness'', which shall be known as the - ``Nelson Mountain Wilderness''. - (B) Transfer of administrative jurisdiction.-- - Administrative jurisdiction over the 257-acre portion - of the Nelson Mountain Wilderness designated by - subparagraph (A) is transferred from the Bureau of Land - Management to the Forest Service. - (15) Red's canyon.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 17,325 - acres, generally depicted on the Map as ``Proposed Red's Canyon - Wilderness'', which shall be known as the ``Red's Canyon - Wilderness''. - (16) San rafael reef.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 60,442 - acres, generally depicted on the Map as ``Proposed San Rafael - Reef Wilderness'', which shall be known as the ``San Rafael - Reef Wilderness''. - (17) Sid's mountain.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 49,130 - acres, generally depicted on the Map as ``Proposed Sid's - Mountain Wilderness'', which shall be known as the ``Sid's - Mountain Wilderness''. - (18) Turtle canyon.--Certain Federal land managed by the - Bureau of Land Management, comprising approximately 29,029 - acres, generally depicted on the Map as ``Proposed Turtle - Canyon Wilderness'', which shall be known as the ``Turtle - Canyon Wilderness''. + (1) Big wild horse mesa.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 18,192 acres, + generally depicted on the Map as ``Proposed Big Wild Horse Mesa + Wilderness'', which shall be known as the ``Big Wild Horse Mesa + Wilderness''. + (2) Cold wash.--Certain Federal land managed by the Bureau of + Land Management, comprising approximately 11,001 acres, generally + depicted on the Map as ``Proposed Cold Wash Wilderness'', which + shall be known as the ``Cold Wash Wilderness''. + (3) Desolation canyon.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 142,996 acres, + generally depicted on the Map as ``Proposed Desolation Canyon + Wilderness'', which shall be known as the ``Desolation Canyon + Wilderness''. + (4) Devil's canyon.--Certain Federal land managed by the Bureau + of Land Management, comprising approximately 8,675 acres, generally + depicted on the Map as ``Proposed Devil's Canyon Wilderness'', + which shall be known as the ``Devil's Canyon Wilderness''. + (5) Eagle canyon.--Certain Federal land managed by the Bureau + of Land Management, comprising approximately 13,832 acres, + generally depicted on the Map as ``Proposed Eagle Canyon + Wilderness'', which shall be known as the ``Eagle Canyon + Wilderness''. + (6) Horse valley.--Certain Federal land managed by the Bureau + of Land Management, comprising approximately 12,201 acres, + generally depicted on the Map as ``Proposed Horse Valley + Wilderness'', which shall be known as the ``Horse Valley + Wilderness''. + (7) Labyrinth canyon.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 54,643 acres, + generally depicted on the Map as ``Proposed Labyrinth Canyon + Wilderness'', which shall be known as the ``Labyrinth Canyon + Wilderness''. + (8) Little ocean draw.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 20,660 acres, + generally depicted on the Map as ``Proposed Little Ocean Draw + Wilderness'', which shall be known as the ``Little Ocean Draw + Wilderness''. + (9) Little wild horse canyon.--Certain Federal land managed by + the Bureau of Land Management, comprising approximately 5,479 + acres, generally depicted on the Map as ``Proposed Little Wild + Horse Canyon Wilderness'', which shall be known as the ``Little + Wild Horse Canyon Wilderness''. + (10) Lower last chance.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 19,338 acres, + generally depicted on the Map as ``Proposed Lower Last Chance + Wilderness'', which shall be known as the ``Lower Last Chance + Wilderness''. + (11) Mexican mountain.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 76,413 acres, + generally depicted on the Map as ``Proposed Mexican Mountain + Wilderness'', which shall be known as the ``Mexican Mountain + Wilderness''. + (12) Middle wild horse mesa.--Certain Federal land managed by + the Bureau of Land Management, comprising approximately 16,343 + acres, generally depicted on the Map as ``Proposed Middle Wild + Horse Mesa Wilderness'', which shall be known as the ``Middle Wild + Horse Mesa Wilderness''. + (13) Muddy creek.--Certain Federal land managed by the Bureau + of Land Management, comprising approximately 98,023 acres, + generally depicted on the Map as ``Proposed Muddy Creek + Wilderness'', which shall be known as the ``Muddy Creek + Wilderness''. + (14) Nelson mountain.-- + (A) In general.--Certain Federal land managed by the Forest + Service, comprising approximately 7,176 acres, and certain + Federal land managed by the Bureau of Land Management, + comprising approximately 257 acres, generally depicted on the + Map as ``Proposed Nelson Mountain Wilderness'', which shall be + known as the ``Nelson Mountain Wilderness''. + (B) Transfer of administrative jurisdiction.-- + Administrative jurisdiction over the 257-acre portion of the + Nelson Mountain Wilderness designated by subparagraph (A) is + transferred from the Bureau of Land Management to the Forest + Service. + (15) Red's canyon.--Certain Federal land managed by the Bureau + of Land Management, comprising approximately 17,325 acres, + generally depicted on the Map as ``Proposed Red's Canyon + Wilderness'', which shall be known as the ``Red's Canyon + Wilderness''. + (16) San rafael reef.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 60,442 acres, + generally depicted on the Map as ``Proposed San Rafael Reef + Wilderness'', which shall be known as the ``San Rafael Reef + Wilderness''. + (17) Sid's mountain.--Certain Federal land managed by the + Bureau of Land Management, comprising approximately 49,130 acres, + generally depicted on the Map as ``Proposed Sid's Mountain + Wilderness'', which shall be known as the ``Sid's Mountain + Wilderness''. + (18) Turtle canyon.--Certain Federal land managed by the Bureau + of Land Management, comprising approximately 29,029 acres, + generally depicted on the Map as ``Proposed Turtle Canyon + Wilderness'', which shall be known as the ``Turtle Canyon + Wilderness''. (b) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall file a map and legal - description of each wilderness area with-- - (A) the Committee on Natural Resources of the House - of Representatives; and - (B) the Committee on Energy and Natural Resources - of the Senate. - (2) Effect.--Each map and legal description filed under - paragraph (1) shall have the same force and effect as if - included in this part, except that the Secretary may correct - clerical and typographical errors in the maps and legal - descriptions. - (3) Availability.--Each map and legal description filed - under paragraph (1) shall be on file and available for public - inspection in the appropriate office of the Secretary. - + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file a map and legal + description of each wilderness area with-- + (A) the Committee on Natural Resources of the House of + Representatives; and + (B) the Committee on Energy and Natural Resources of the + Senate. + (2) Effect.--Each map and legal description filed under + paragraph (1) shall have the same force and effect as if included + in this part, except that the Secretary may correct clerical and + typographical errors in the maps and legal descriptions. + (3) Availability.--Each map and legal description filed under + paragraph (1) shall be on file and available for public inspection + in the appropriate office of the Secretary. SEC. 1232. ADMINISTRATION. - (a) Management.--Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- - (1) any reference in that Act to the effective date shall - be considered to be a reference to the date of enactment of - this Act; and - (2) any reference in that Act to the Secretary of - Agriculture shall be considered to be a reference to the - Secretary. + (1) any reference in that Act to the effective date shall be + considered to be a reference to the date of enactment of this Act; + and + (2) any reference in that Act to the Secretary of Agriculture + shall be considered to be a reference to the Secretary. (b) Recreational Climbing.--Nothing in this part prohibits recreational rock climbing activities in the wilderness areas, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of the enactment of this Act-- - (1) in accordance with the Wilderness Act (16 U.S.C. 1131 - et seq.); and - (2) subject to any terms and conditions determined to be - necessary by the Secretary. + (1) in accordance with the Wilderness Act (16 U.S.C. 1131 et + seq.); and + (2) subject to any terms and conditions determined to be + necessary by the Secretary. (c) Trail Plan.--After providing opportunities for public comment, the Secretary shall establish a trail plan that addresses hiking and equestrian trails on the wilderness areas in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.). (d) Livestock.-- - (1) In general.--The grazing of livestock in the wilderness - areas, if established before the date of enactment of this Act, - shall be allowed to continue, subject to such reasonable - regulations, policies, and practices as the Secretary considers - to be necessary in accordance with-- - (A) section 4(d)(4) of the Wilderness Act (16 - U.S.C. 1133(d)(4)); and - (B) the guidelines set forth in Appendix A of the - report of the Committee on Interior and Insular Affairs - of the House of Representatives accompanying H.R. 2570 - of the 101st Congress (House Report 101-405). - (2) Inventory.--With respect to each wilderness area in - which grazing of livestock is allowed to continue under - paragraph (1), not later than 2 years after the date of - enactment of this Act, the Secretary, in collaboration with any - affected grazing permittee, shall carry out an inventory of - facilities and improvements associated with grazing activities - in the wilderness area. + (1) In general.--The grazing of livestock in the wilderness + areas, if established before the date of enactment of this Act, + shall be allowed to continue, subject to such reasonable + regulations, policies, and practices as the Secretary considers to + be necessary in accordance with-- + (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. + 1133(d)(4)); and + (B) the guidelines set forth in Appendix A of the report of + the Committee on Interior and Insular Affairs of the House of + Representatives accompanying H.R. 2570 of the 101st Congress + (House Report 101-405). + (2) Inventory.--With respect to each wilderness area in which + grazing of livestock is allowed to continue under paragraph (1), + not later than 2 years after the date of enactment of this Act, the + Secretary, in collaboration with any affected grazing permittee, + shall carry out an inventory of facilities and improvements + associated with grazing activities in the wilderness area. (e) Adjacent Management.-- - (1) In general.--Congress does not intend for the - designation of the wilderness areas to create protective - perimeters or buffer zones around the wilderness areas. - (2) Nonwilderness activities.--The fact that nonwilderness - activities or uses can be seen or heard from areas within a - wilderness area shall not preclude the conduct of those - activities or uses outside the boundary of the wilderness area. + (1) In general.--Congress does not intend for the designation + of the wilderness areas to create protective perimeters or buffer + zones around the wilderness areas. + (2) Nonwilderness activities.--The fact that nonwilderness + activities or uses can be seen or heard from areas within a + wilderness area shall not preclude the conduct of those activities + or uses outside the boundary of the wilderness area. (f) Military Overflights.--Nothing in this subpart restricts or precludes-- - (1) low-level overflights of military aircraft over the - wilderness areas, including military overflights that can be - seen or heard within the wilderness areas; - (2) flight testing and evaluation; or - (3) the designation or creation of new units of special use - airspace, or the establishment of military flight training - routes, over the wilderness areas. + (1) low-level overflights of military aircraft over the + wilderness areas, including military overflights that can be seen + or heard within the wilderness areas; + (2) flight testing and evaluation; or + (3) the designation or creation of new units of special use + airspace, or the establishment of military flight training routes, + over the wilderness areas. (g) Commercial Services.--Commercial services (including authorized outfitting and guide activities) within the wilderness areas may be authorized to the extent necessary for activities that are appropriate @@ -5696,49 +5192,44 @@ wilderness areas, in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)). (h) Land Acquisition and Incorporation of Acquired Land and Interests.-- - (1) Acquisition authority.--The Secretary may acquire land - and interests in land within the boundaries of a wilderness - area by donation, purchase from a willing seller, or exchange. - (2) Incorporation.--Any land or interest in land within the - boundary of a wilderness area that is acquired by the United - States after the date of enactment of this Act shall be added - to and administered as part of the wilderness area. + (1) Acquisition authority.--The Secretary may acquire land and + interests in land within the boundaries of a wilderness area by + donation, purchase from a willing seller, or exchange. + (2) Incorporation.--Any land or interest in land within the + boundary of a wilderness area that is acquired by the United States + after the date of enactment of this Act shall be added to and + administered as part of the wilderness area. (i) Water Rights.-- - (1) Statutory construction.--Nothing in this subpart-- - (A) shall constitute or be construed to constitute - either an express or implied reservation by the United - States of any water or water rights with respect to the - land designated as wilderness by section 1231; - (B) shall affect any water rights in the State - existing on the date of enactment of this Act, - including any water rights held by the United States; - (C) shall be construed as establishing a precedent - with regard to any future wilderness designations; - (D) shall affect the interpretation of, or any - designation made pursuant to, any other Act; or - (E) shall be construed as limiting, altering, - modifying, or amending any of the interstate compacts - or equitable apportionment decrees that apportions - water among and between the State and other States. - (2) State water law.--The Secretary shall follow the - procedural and substantive requirements of the State in order - to obtain and hold any water rights not in existence on the - date of enactment of this Act with respect to the wilderness - areas. + (1) Statutory construction.--Nothing in this subpart-- + (A) shall constitute or be construed to constitute either + an express or implied reservation by the United States of any + water or water rights with respect to the land designated as + wilderness by section 1231; + (B) shall affect any water rights in the State existing on + the date of enactment of this Act, including any water rights + held by the United States; + (C) shall be construed as establishing a precedent with + regard to any future wilderness designations; + (D) shall affect the interpretation of, or any designation + made pursuant to, any other Act; or + (E) shall be construed as limiting, altering, modifying, or + amending any of the interstate compacts or equitable + apportionment decrees that apportions water among and between + the State and other States. + (2) State water law.--The Secretary shall follow the procedural + and substantive requirements of the State in order to obtain and + hold any water rights not in existence on the date of enactment of + this Act with respect to the wilderness areas. (j) Memorandum of Understanding.--The Secretary shall offer to enter into a memorandum of understanding with the County, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to clarify the approval processes for the use of motorized equipment and mechanical transport for search and rescue activities in the Muddy Creek Wilderness established by section 1231(a)(13). - SEC. 1233. FISH AND WILDLIFE MANAGEMENT. - Nothing in this subpart affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State. - SEC. 1234. RELEASE. - (a) Finding.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the approximately 17,420 acres of public land administered by @@ -5746,35 +5237,34 @@ the Bureau of Land Management in the County that has not been designated as wilderness by section 1231(a) has been adequately studied for wilderness designation. (b) Release.--The public land described in subsection (a)-- - (1) is no longer subject to section 603(c) of the Federal - Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and - (2) shall be managed in accordance with-- - (A) applicable law; and - (B) any applicable land management plan adopted - under section 202 of the Federal Land Policy and - Management Act of 1976 (43 U.S.C. 1712). + (1) is no longer subject to section 603(c) of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and + (2) shall be managed in accordance with-- + (A) applicable law; and + (B) any applicable land management plan adopted under + section 202 of the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1712). Subpart C--Wild and Scenic River Designation SEC. 1241. GREEN RIVER WILD AND SCENIC RIVER DESIGNATION. - (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1205(a)(5)(B)(i)) is amended by adding at the end the following: - ``(224) Green river.--The approximately 63-mile segment, as - generally depicted on the map entitled `Emery County Public - Land Management Act of 2018 Overview Map' and dated December - 11, 2018, to be administered by the Secretary of the Interior, - in the following classifications: - ``(A) Wild river segment.--The 5.3-mile segment - from the boundary of the Uintah and Ouray Reservation, - south to the Nefertiti boat ramp, as a wild river. - ``(B) Recreational river segment.--The 8.5-mile - segment from the Nefertiti boat ramp, south to the - Swasey's boat ramp, as a recreational river. - ``(C) Scenic river segment.--The 49.2-mile segment - from Bull Bottom, south to the county line between - Emery and Wayne Counties, as a scenic river.''. + ``(224) Green river.--The approximately 63-mile segment, as + generally depicted on the map entitled `Emery County Public Land + Management Act of 2018 Overview Map' and dated December 11, 2018, + to be administered by the Secretary of the Interior, in the + following classifications: + ``(A) Wild river segment.--The 5.3-mile segment from the + boundary of the Uintah and Ouray Reservation, south to the + Nefertiti boat ramp, as a wild river. + ``(B) Recreational river segment.--The 8.5-mile segment + from the Nefertiti boat ramp, south to the Swasey's boat ramp, + as a recreational river. + ``(C) Scenic river segment.--The 49.2-mile segment from + Bull Bottom, south to the county line between Emery and Wayne + Counties, as a scenic river.''. (b) Incorporation of Acquired Non-federal Land.--If the United States acquires any non-Federal land within or adjacent to a river segment of the Green River designated by paragraph (224) of section @@ -5786,7 +5276,6 @@ river. Subpart D--Land Management and Conveyances SEC. 1251. GOBLIN VALLEY STATE PARK. - (a) In General.--The Secretary shall offer to convey to the Utah Division of Parks and Recreation of the Utah Department of Natural Resources (referred to in this section as the ``State''), approximately @@ -5801,9 +5290,7 @@ seq.). the land described in that subsection shall revert to the Secretary if the land is no longer being managed as a State park in accordance with subsection (a). - SEC. 1252. JURASSIC NATIONAL MONUMENT. - (a) Establishment Purposes.--To conserve, interpret, and enhance for the benefit of present and future generations the paleontological, scientific, educational, and recreational resources of the area and @@ -5814,78 +5301,75 @@ administered by the Bureau of Land Management in the County and generally depicted as ``Proposed Jurassic National Monument'' on the Map. (b) Map and Legal Description.-- - (1) In general.--Not later than 2 years after the date of - enactment of this Act, the Secretary shall file with the - Committee on Energy and Natural Resources of the Senate and the - Committee on Natural Resources of the House of Representatives - a map and legal description of the Monument. - (2) Effect.--The map and legal description filed under - paragraph (1) shall have the same force and effect as if - included in this section, except that the Secretary may correct - clerical and typographical errors in the map and legal - description, subject to the requirement that, before making the - proposed corrections, the Secretary shall submit to the State - and any affected county the proposed corrections. - (3) Public availability.--A copy of the map and legal - description filed under paragraph (1) shall be on file and - available for public inspection in the appropriate offices of - the Bureau of Land Management. + (1) In general.--Not later than 2 years after the date of + enactment of this Act, the Secretary shall file with the Committee + on Energy and Natural Resources of the Senate and the Committee on + Natural Resources of the House of Representatives a map and legal + description of the Monument. + (2) Effect.--The map and legal description filed under + paragraph (1) shall have the same force and effect as if included + in this section, except that the Secretary may correct clerical and + typographical errors in the map and legal description, subject to + the requirement that, before making the proposed corrections, the + Secretary shall submit to the State and any affected county the + proposed corrections. + (3) Public availability.--A copy of the map and legal + description filed under paragraph (1) shall be on file and + available for public inspection in the appropriate offices of the + Bureau of Land Management. (c) Withdrawal.--Subject to valid existing rights, any Federal land within the boundaries of the Monument and any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act is withdrawn from-- - (1) entry, appropriation, or disposal under the public land - laws; - (2) location, entry, and patent under the mining laws; and - (3) operation of the mineral leasing laws, geothermal - leasing laws, and minerals materials laws. + (1) entry, appropriation, or disposal under the public land + laws; + (2) location, entry, and patent under the mining laws; and + (3) operation of the mineral leasing laws, geothermal leasing + laws, and minerals materials laws. (d) Management.-- - (1) In general.--The Secretary shall manage the Monument-- - (A) in a manner that conserves, protects, and - enhances the resources and values of the Monument, - including the resources and values described in - subsection (a); and - (B) in accordance with-- - (i) this section; - (ii) the Federal Land Policy and Management - Act of 1976 (43 U.S.C. 1701 et seq.); and - (iii) any other applicable Federal law. - (2) National landscape conservation system.--The Monument - shall be managed as a component of the National Landscape - Conservation System. + (1) In general.--The Secretary shall manage the Monument-- + (A) in a manner that conserves, protects, and enhances the + resources and values of the Monument, including the resources + and values described in subsection (a); and + (B) in accordance with-- + (i) this section; + (ii) the Federal Land Policy and Management Act of 1976 + (43 U.S.C. 1701 et seq.); and + (iii) any other applicable Federal law. + (2) National landscape conservation system.--The Monument shall + be managed as a component of the National Landscape Conservation + System. (e) Management Plan.-- - (1) In general.--Not later than 2 years after the date of - enactment of this Act, the Secretary shall develop a - comprehensive management plan for the long-term protection and - management of the Monument. - (2) Components.--The management plan developed under - paragraph (1) shall-- - (A) describe the appropriate uses and management of - the Monument, consistent with the provisions of this - section; and - (B) allow for continued scientific research at the - Monument during the development of the management plan - for the Monument, subject to any terms and conditions - that the Secretary determines necessary to protect - Monument resources. + (1) In general.--Not later than 2 years after the date of + enactment of this Act, the Secretary shall develop a comprehensive + management plan for the long-term protection and management of the + Monument. + (2) Components.--The management plan developed under paragraph + (1) shall-- + (A) describe the appropriate uses and management of the + Monument, consistent with the provisions of this section; and + (B) allow for continued scientific research at the Monument + during the development of the management plan for the Monument, + subject to any terms and conditions that the Secretary + determines necessary to protect Monument resources. (f) Authorized Uses.--The Secretary shall only allow uses of the Monument that the Secretary determines would further the purposes for which the Monument has been established. (g) Interpretation, Education, and Scientific Research.-- - (1) In general.--The Secretary shall provide for public - interpretation of, and education and scientific research on, - the paleontological resources of the Monument. - (2) Cooperative agreements.--The Secretary may enter into - cooperative agreements with appropriate public entities to - carry out paragraph (1). + (1) In general.--The Secretary shall provide for public + interpretation of, and education and scientific research on, the + paleontological resources of the Monument. + (2) Cooperative agreements.--The Secretary may enter into + cooperative agreements with appropriate public entities to carry + out paragraph (1). (h) Special Management Areas.-- - (1) In general.--The establishment of the Monument shall - not modify the management status of any area within the - boundary of the Monument that is managed as an area of critical - environmental concern. - (2) Conflict of laws.--If there is a conflict between the - laws applicable to an area described in paragraph (1) and this - section, the more restrictive provision shall control. + (1) In general.--The establishment of the Monument shall not + modify the management status of any area within the boundary of the + Monument that is managed as an area of critical environmental + concern. + (2) Conflict of laws.--If there is a conflict between the laws + applicable to an area described in paragraph (1) and this section, + the more restrictive provision shall control. (i) Motorized Vehicles.--Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Monument shall be allowed only on roads and trails designated @@ -5899,15 +5383,13 @@ established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with-- - (1) applicable law (including regulations); - (2) the guidelines set forth in Appendix A of the report of - the Committee on Interior and Insular Affairs of the House of - Representatives accompanying H.R. 2570 of the 101st Congress - (House Report 101-405); and - (3) the purposes of the Monument. - + (1) applicable law (including regulations); + (2) the guidelines set forth in Appendix A of the report of the + Committee on Interior and Insular Affairs of the House of + Representatives accompanying H.R. 2570 of the 101st Congress (House + Report 101-405); and + (3) the purposes of the Monument. SEC. 1253. PUBLIC LAND DISPOSAL AND ACQUISITION. - (a) In General.--In accordance with applicable law, the Secretary may sell public land located in the County that has been identified as suitable for disposal based on specific criteria as listed in the @@ -5915,296 +5397,263 @@ Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) in the applicable resource management plan in existence on the date of enactment of this Act. (b) Use of Proceeds.-- - (1) In general.--Notwithstanding any other provision of law - (other than a law that specifically provides for a portion of - the proceeds of a land sale to be distributed to any trust fund - of the State), proceeds from the sale of public land under - subsection (a) shall be deposited in a separate account in the - Treasury, to be known as the ``Emery County, Utah, Land - Acquisition Account'' (referred to in this section as the - ``Account''). - (2) Availability.-- - (A) In general.--Amounts in the Account shall be - available to the Secretary, without further - appropriation, to purchase from willing sellers land or - interests in land within a wilderness area or the - Recreation Area. - (B) Applicability.--Any purchase of land or - interest in land under subparagraph (A) shall be in - accordance with applicable law. - (C) Protection of cultural resources.--To the - extent that there are amounts in the Account in excess - of the amounts needed to carry out subparagraph (A), - the Secretary may use the excess amounts for the - protection of cultural resources on Federal land within - the County. - + (1) In general.--Notwithstanding any other provision of law + (other than a law that specifically provides for a portion of the + proceeds of a land sale to be distributed to any trust fund of the + State), proceeds from the sale of public land under subsection (a) + shall be deposited in a separate account in the Treasury, to be + known as the ``Emery County, Utah, Land Acquisition Account'' + (referred to in this section as the ``Account''). + (2) Availability.-- + (A) In general.--Amounts in the Account shall be available + to the Secretary, without further appropriation, to purchase + from willing sellers land or interests in land within a + wilderness area or the Recreation Area. + (B) Applicability.--Any purchase of land or interest in + land under subparagraph (A) shall be in accordance with + applicable law. + (C) Protection of cultural resources.--To the extent that + there are amounts in the Account in excess of the amounts + needed to carry out subparagraph (A), the Secretary may use the + excess amounts for the protection of cultural resources on + Federal land within the County. SEC. 1254. PUBLIC PURPOSE CONVEYANCES. - (a) In General.--Notwithstanding the land use planning requirement of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), on request by the applicable local governmental entity, the Secretary shall convey without consideration the following parcels of public land to be used for public purposes: - (1) Emery city recreation area.--The approximately 640-acre - parcel as generally depicted on the Map, to the City of Emery, - Utah, for the creation or enhancement of public recreation - opportunities consistent with uses allowed under the Act of - June 14, 1926 (commonly known as the ``Recreation and Public - Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et - seq.). - (2) Huntington airport.--The approximately 320-acre parcel - as generally depicted on the Map, to Emery County, Utah, for - expansion of Huntington Airport consistent with uses allowed - under the Act of June 14, 1926 (commonly known as the - ``Recreation and Public Purposes Act'') (44 Stat. 741, chapter - 578; 43 U.S.C. 869 et seq.). - (3) Emery county sheriff's office.--The approximately 5- - acre parcel as generally depicted on the Map, to Emery County, - Utah, for the Emery County Sheriff's Office substation - consistent with uses allowed under the Act of June 14, 1926 - (commonly known as the ``Recreation and Public Purposes Act'') - (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). - (4) Buckhorn information center.--The approximately 5-acre - parcel as generally depicted on the Map, to Emery County, Utah, - for the Buckhorn Information Center consistent with uses - allowed under the Act of June 14, 1926 (commonly known as the - ``Recreation and Public Purposes Act'') (44 Stat. 741, chapter - 578; 43 U.S.C. 869 et seq.). + (1) Emery city recreation area.--The approximately 640-acre + parcel as generally depicted on the Map, to the City of Emery, + Utah, for the creation or enhancement of public recreation + opportunities consistent with uses allowed under the Act of June + 14, 1926 (commonly known as the ``Recreation and Public Purposes + Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). + (2) Huntington airport.--The approximately 320-acre parcel as + generally depicted on the Map, to Emery County, Utah, for expansion + of Huntington Airport consistent with uses allowed under the Act of + June 14, 1926 (commonly known as the ``Recreation and Public + Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). + (3) Emery county sheriff's office.--The approximately 5-acre + parcel as generally depicted on the Map, to Emery County, Utah, for + the Emery County Sheriff's Office substation consistent with uses + allowed under the Act of June 14, 1926 (commonly known as the + ``Recreation and Public Purposes Act'') (44 Stat. 741, chapter 578; + 43 U.S.C. 869 et seq.). + (4) Buckhorn information center.--The approximately 5-acre + parcel as generally depicted on the Map, to Emery County, Utah, for + the Buckhorn Information Center consistent with uses allowed under + the Act of June 14, 1926 (commonly known as the ``Recreation and + Public Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et + seq.). (b) Map and Legal Description.-- - (1) In general.--As soon as practicable after the date of - enactment of this Act, the Secretary shall file a map and legal - description of each parcel of land to be conveyed under - subsection (a) with-- - (A) the Committee on Energy and Natural Resources - of the Senate; and - (B) the Committee on Natural Resources of the House - of Representatives. - (2) Effect.--Each map and legal description filed under - paragraph (1) shall have the same force and effect as if - included in this part, except that the Secretary may correct - clerical or typographical errors in the map and legal - description. - (3) Public availability.--Each map and legal description - filed under paragraph (1) shall be on file and available for - public inspection in the Price Field Office of the Bureau of - Land Management. + (1) In general.--As soon as practicable after the date of + enactment of this Act, the Secretary shall file a map and legal + description of each parcel of land to be conveyed under subsection + (a) with-- + (A) the Committee on Energy and Natural Resources of the + Senate; and + (B) the Committee on Natural Resources of the House of + Representatives. + (2) Effect.--Each map and legal description filed under + paragraph (1) shall have the same force and effect as if included + in this part, except that the Secretary may correct clerical or + typographical errors in the map and legal description. + (3) Public availability.--Each map and legal description filed + under paragraph (1) shall be on file and available for public + inspection in the Price Field Office of the Bureau of Land + Management. (c) Reversion.-- - (1) In general.--If a parcel of land conveyed under - subsection (a) is used for a purpose other than the purpose - described in that subsection, the parcel of land shall, at the - discretion of the Secretary, revert to the United States. - (2) Responsibility for remediation.--In the case of a - reversion under paragraph (1), if the Secretary determines that - the parcel of land is contaminated with hazardous waste, the - local governmental entity to which the parcel of land was - conveyed under subsection (a) shall be responsible for - remediation. - + (1) In general.--If a parcel of land conveyed under subsection + (a) is used for a purpose other than the purpose described in that + subsection, the parcel of land shall, at the discretion of the + Secretary, revert to the United States. + (2) Responsibility for remediation.--In the case of a reversion + under paragraph (1), if the Secretary determines that the parcel of + land is contaminated with hazardous waste, the local governmental + entity to which the parcel of land was conveyed under subsection + (a) shall be responsible for remediation. SEC. 1255. EXCHANGE OF BLM AND SCHOOL AND INSTITUTIONAL TRUST LANDS - ADMINISTRATION LAND. - +ADMINISTRATION LAND. (a) Definitions.--In this section: - (1) Exchange map.--The term ``Exchange Map'' means the map - prepared by the Bureau of Land Management entitled ``Emery - County Public Land Management Act--Proposed Land Exchange'' and - dated December, 10, 2018. - (2) Federal land.--The term ``Federal land'' means public - land located in the State of Utah that is identified on the - Exchange Map as-- - (A) ``BLM Surface and Mineral Lands Proposed for - Transfer to SITLA''; - (B) ``BLM Mineral Lands Proposed for Transfer to - SITLA''; and - (C) ``BLM Surface Lands Proposed for Transfer to - SITLA''. - (3) Non-federal land.--The term ``non-Federal land'' means - the land owned by the State in the Emery and Uintah Counties - that is identified on the Exchange Map as-- - (A) ``SITLA Surface and Mineral Land Proposed for - Transfer to BLM''; - (B) ``SITLA Mineral Lands Proposed for Transfer to - BLM''; and - (C) ``SITLA Surface Lands Proposed for Transfer to - BLM''. - (4) State.--The term ``State'' means the State, acting - through the School and Institutional Trust Lands - Administration. + (1) Exchange map.--The term ``Exchange Map'' means the map + prepared by the Bureau of Land Management entitled ``Emery County + Public Land Management Act--Proposed Land Exchange'' and dated + December, 10, 2018. + (2) Federal land.--The term ``Federal land'' means public land + located in the State of Utah that is identified on the Exchange Map + as-- + (A) ``BLM Surface and Mineral Lands Proposed for Transfer + to SITLA''; + (B) ``BLM Mineral Lands Proposed for Transfer to SITLA''; + and + (C) ``BLM Surface Lands Proposed for Transfer to SITLA''. + (3) Non-federal land.--The term ``non-Federal land'' means the + land owned by the State in the Emery and Uintah Counties that is + identified on the Exchange Map as-- + (A) ``SITLA Surface and Mineral Land Proposed for Transfer + to BLM''; + (B) ``SITLA Mineral Lands Proposed for Transfer to BLM''; + and + (C) ``SITLA Surface Lands Proposed for Transfer to BLM''. + (4) State.--The term ``State'' means the State, acting through + the School and Institutional Trust Lands Administration. (b) Exchange of Federal Land and Non-federal Land.-- - (1) In general.--If the State offers to convey to the - United States title to the non-Federal land, the Secretary, in - accordance with this section, shall-- - (A) accept the offer; and - (B) on receipt of all right, title, and interest in - and to the non-Federal land, convey to the State (or a - designee) all right, title, and interest of the United - States in and to the Federal land. - (2) Conveyance of parcels in phases.-- - (A) In general.--Notwithstanding that appraisals - for all of the parcels of Federal land and non-Federal - land may not have been approved under subsection - (c)(5), parcels of the Federal land and non-Federal - land may be exchanged under paragraph (1) in phases, to - be mutually agreed by the Secretary and the State, - beginning on the date on which the appraised values of - the parcels included in the applicable phase are - approved. - (B) No agreement on exchange.--If any dispute or - delay arises with respect to the exchange of an - individual parcel of Federal land or non-Federal land - under paragraph (1), the Secretary and the State may - mutually agree to set aside the individual parcel to - allow the exchange of the other parcels of Federal land - and non-Federal land to proceed. - (3) Exclusion.-- - (A) In general.--The Secretary shall exclude from - any conveyance of a parcel of Federal land under - paragraph (1) any Federal land that contains critical - habitat designated for a species listed as an - endangered species or a threatened species under the - Endangered Species Act of 1973 (16 U.S.C. 1531 et - seq.). - (B) Requirement.--Any Federal land excluded under - subparagraph (A) shall be the smallest area necessary - to protect the applicable critical habitat. - (4) Applicable law.-- - (A) In general.--The land exchange under paragraph - (1) shall be subject to section 206 of the Federal Land - Policy and Management Act of 1976 (43 U.S.C. 1716) and - other applicable law. - (B) Land use planning.--With respect to the Federal - land to be conveyed under paragraph (1), the Secretary - shall not be required to undertake any additional land - use planning under section 202 of the Federal Land - Policy and Management Act of 1976 (43 U.S.C. 1712) - before the conveyance of the Federal land. - (5) Valid existing rights.--The land exchange under - paragraph (1) shall be subject to valid existing rights. - (6) Title approval.--Title to the Federal land and non- - Federal land to be exchanged under paragraph (1) shall be in a - form acceptable to the Secretary and the State. + (1) In general.--If the State offers to convey to the United + States title to the non-Federal land, the Secretary, in accordance + with this section, shall-- + (A) accept the offer; and + (B) on receipt of all right, title, and interest in and to + the non-Federal land, convey to the State (or a designee) all + right, title, and interest of the United States in and to the + Federal land. + (2) Conveyance of parcels in phases.-- + (A) In general.--Notwithstanding that appraisals for all of + the parcels of Federal land and non-Federal land may not have + been approved under subsection (c)(5), parcels of the Federal + land and non-Federal land may be exchanged under paragraph (1) + in phases, to be mutually agreed by the Secretary and the + State, beginning on the date on which the appraised values of + the parcels included in the applicable phase are approved. + (B) No agreement on exchange.--If any dispute or delay + arises with respect to the exchange of an individual parcel of + Federal land or non-Federal land under paragraph (1), the + Secretary and the State may mutually agree to set aside the + individual parcel to allow the exchange of the other parcels of + Federal land and non-Federal land to proceed. + (3) Exclusion.-- + (A) In general.--The Secretary shall exclude from any + conveyance of a parcel of Federal land under paragraph (1) any + Federal land that contains critical habitat designated for a + species listed as an endangered species or a threatened species + under the Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.). + (B) Requirement.--Any Federal land excluded under + subparagraph (A) shall be the smallest area necessary to + protect the applicable critical habitat. + (4) Applicable law.-- + (A) In general.--The land exchange under paragraph (1) + shall be subject to section 206 of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1716) and other applicable + law. + (B) Land use planning.--With respect to the Federal land to + be conveyed under paragraph (1), the Secretary shall not be + required to undertake any additional land use planning under + section 202 of the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1712) before the conveyance of the Federal + land. + (5) Valid existing rights.--The land exchange under paragraph + (1) shall be subject to valid existing rights. + (6) Title approval.--Title to the Federal land and non-Federal + land to be exchanged under paragraph (1) shall be in a form + acceptable to the Secretary and the State. (c) Appraisals.-- - (1) In general.--The value of the Federal land and the non- - Federal land to be exchanged under subsection (b)(1) shall be - determined by appraisals conducted by 1 or more independent and - qualified appraisers. - (2) State appraiser.--The Secretary and the State may agree - to use an independent and qualified appraiser-- - (A) retained by the State; and - (B) approved by the Secretary. - (3) Applicable law.--The appraisals under paragraph (1) - shall be conducted in accordance with nationally recognized - appraisal standards, including, as appropriate-- - (A) the Uniform Appraisal Standards for Federal - Land Acquisitions; and - (B) the Uniform Standards of Professional Appraisal - Practice. - (4) Minerals.-- - (A) Mineral reports.--The appraisals under - paragraph (1) may take into account mineral and - technical reports provided by the Secretary and the - State in the evaluation of mineral deposits in the - Federal land and non-Federal land. - (B) Mining claims.--To the extent permissible under - applicable appraisal standards, the appraisal of any - parcel of Federal land that is encumbered by a mining - or millsite claim located under sections 2318 through - 2352 of the Revised Statutes (commonly known as the - ``Mining Law of 1872'') (30 U.S.C. 21 et seq.) shall be - appraised in accordance with standard appraisal - practices, including, as appropriate, the Uniform - Appraisal Standards for Federal Land Acquisition. - (C) Validity examinations.--Nothing in this - subsection requires the United States to conduct a - mineral examination for any mining claim on the Federal - land. - (D) Adjustment.-- - (i) In general.--If value is attributed to - any parcel of Federal land because of the - presence of minerals subject to leasing under - the Mineral Leasing Act (30 U.S.C. 181 et - seq.), the value of the parcel (as otherwise - established under this subsection) shall be - reduced by the percentage of the applicable - Federal revenue sharing obligation under - section 35(a) of the Mineral Leasing Act (30 - U.S.C. 191(a)). - (ii) Limitation.--An adjustment under - clause (i) shall not be considered to be a - property right of the State. - (5) Approval.--An appraisal conducted under paragraph (1) - shall be submitted to the Secretary and the State for approval. - (6) Duration.--An appraisal conducted under paragraph (1) - shall remain valid for 3 years after the date on which the - appraisal is approved by the Secretary and the State. - (7) Cost of appraisal.-- - (A) In general.--The cost of an appraisal conducted - under paragraph (1) shall be paid equally by the - Secretary and the State. - (B) Reimbursement by secretary.--If the State - retains an appraiser in accordance with paragraph (2), - the Secretary shall reimburse the State in an amount - equal to 50 percent of the costs incurred by the State. + (1) In general.--The value of the Federal land and the non- + Federal land to be exchanged under subsection (b)(1) shall be + determined by appraisals conducted by 1 or more independent and + qualified appraisers. + (2) State appraiser.--The Secretary and the State may agree to + use an independent and qualified appraiser-- + (A) retained by the State; and + (B) approved by the Secretary. + (3) Applicable law.--The appraisals under paragraph (1) shall + be conducted in accordance with nationally recognized appraisal + standards, including, as appropriate-- + (A) the Uniform Appraisal Standards for Federal Land + Acquisitions; and + (B) the Uniform Standards of Professional Appraisal + Practice. + (4) Minerals.-- + (A) Mineral reports.--The appraisals under paragraph (1) + may take into account mineral and technical reports provided by + the Secretary and the State in the evaluation of mineral + deposits in the Federal land and non-Federal land. + (B) Mining claims.--To the extent permissible under + applicable appraisal standards, the appraisal of any parcel of + Federal land that is encumbered by a mining or millsite claim + located under sections 2318 through 2352 of the Revised + Statutes (commonly known as the ``Mining Law of 1872'') (30 + U.S.C. 21 et seq.) shall be appraised in accordance with + standard appraisal practices, including, as appropriate, the + Uniform Appraisal Standards for Federal Land Acquisition. + (C) Validity examinations.--Nothing in this subsection + requires the United States to conduct a mineral examination for + any mining claim on the Federal land. + (D) Adjustment.-- + (i) In general.--If value is attributed to any parcel + of Federal land because of the presence of minerals subject + to leasing under the Mineral Leasing Act (30 U.S.C. 181 et + seq.), the value of the parcel (as otherwise established + under this subsection) shall be reduced by the percentage + of the applicable Federal revenue sharing obligation under + section 35(a) of the Mineral Leasing Act (30 U.S.C. + 191(a)). + (ii) Limitation.--An adjustment under clause (i) shall + not be considered to be a property right of the State. + (5) Approval.--An appraisal conducted under paragraph (1) shall + be submitted to the Secretary and the State for approval. + (6) Duration.--An appraisal conducted under paragraph (1) shall + remain valid for 3 years after the date on which the appraisal is + approved by the Secretary and the State. + (7) Cost of appraisal.-- + (A) In general.--The cost of an appraisal conducted under + paragraph (1) shall be paid equally by the Secretary and the + State. + (B) Reimbursement by secretary.--If the State retains an + appraiser in accordance with paragraph (2), the Secretary shall + reimburse the State in an amount equal to 50 percent of the + costs incurred by the State. (d) Conveyance of Title.--It is the intent of Congress that the land exchange authorized under subsection (b)(1) shall be completed not later than 1 year after the date of final approval by the Secretary and the State of the appraisals conducted under subsection (c). (e) Public Inspection and Notice.-- - (1) Public inspection.--Not later than 30 days before the - date of any exchange of Federal land and non-Federal land under - subsection (b)(1), all final appraisals and appraisal reviews - for the land to be exchanged shall be available for public - review at the office of the State Director of the Bureau of - Land Management in the State of Utah. - (2) Notice.--The Secretary shall make available on the - public website of the Secretary, and the Secretary or the - State, as applicable, shall publish in a newspaper of general - circulation in Salt Lake County, Utah, a notice that the - appraisals conducted under subsection (c) are available for - public inspection. + (1) Public inspection.--Not later than 30 days before the date + of any exchange of Federal land and non-Federal land under + subsection (b)(1), all final appraisals and appraisal reviews for + the land to be exchanged shall be available for public review at + the office of the State Director of the Bureau of Land Management + in the State of Utah. + (2) Notice.--The Secretary shall make available on the public + website of the Secretary, and the Secretary or the State, as + applicable, shall publish in a newspaper of general circulation in + Salt Lake County, Utah, a notice that the appraisals conducted + under subsection (c) are available for public inspection. (f) Equal Value Exchange.-- - (1) In general.--The value of the Federal land and non- - Federal land to be exchanged under subsection (b)(1)-- - (A) shall be equal; or - (B) shall be made equal in accordance with - paragraph (2). - (2) Equalization.-- - (A) Surplus of federal land.--With respect to any - Federal land and non-Federal land to be exchanged under - subsection (b)(1), if the value of the Federal land - exceeds the value of the non-Federal land, the value of - the Federal land and non-Federal land shall be - equalized by-- - (i) the State conveying to the Secretary, - as necessary to equalize the value of the - Federal land and non-Federal land, after the - acquisition of all State trust land located - within the wilderness areas or recreation area - designated by this part, State trust land - located within any of the wilderness areas or - national conservation areas in Washington - County, Utah, established under subtitle O of - title I of the Omnibus Public Land Management - Act of 2009 (Public Law 111-11; 123 Stat. - 1075); and - (ii) the State, to the extent necessary to - equalize any remaining imbalance of value after - all available Washington County, Utah, land - described in clause (i) has been conveyed to - the Secretary, conveying to the Secretary - additional State trust land as identified and - agreed on by the Secretary and the State. - (B) Surplus of non-federal land.--If the value of - the non-Federal land exceeds the value of the Federal - land, the value of the Federal land and the non-Federal - land shall be equalized-- - (i) by the Secretary making a cash - equalization payment to the State, in - accordance with section 206(b) of the Federal - Land Policy and Management Act of 1976 (43 - U.S.C. 1716(b)); or - (ii) by removing non-Federal land from the - exchange. + (1) In general.--The value of the Federal land and non-Federal + land to be exchanged under subsection (b)(1)-- + (A) shall be equal; or + (B) shall be made equal in accordance with paragraph (2). + (2) Equalization.-- + (A) Surplus of federal land.--With respect to any Federal + land and non-Federal land to be exchanged under subsection + (b)(1), if the value of the Federal land exceeds the value of + the non-Federal land, the value of the Federal land and non- + Federal land shall be equalized by-- + (i) the State conveying to the Secretary, as necessary + to equalize the value of the Federal land and non-Federal + land, after the acquisition of all State trust land located + within the wilderness areas or recreation area designated + by this part, State trust land located within any of the + wilderness areas or national conservation areas in + Washington County, Utah, established under subtitle O of + title I of the Omnibus Public Land Management Act of 2009 + (Public Law 111-11; 123 Stat. 1075); and + (ii) the State, to the extent necessary to equalize any + remaining imbalance of value after all available Washington + County, Utah, land described in clause (i) has been + conveyed to the Secretary, conveying to the Secretary + additional State trust land as identified and agreed on by + the Secretary and the State. + (B) Surplus of non-federal land.--If the value of the non- + Federal land exceeds the value of the Federal land, the value + of the Federal land and the non-Federal land shall be + equalized-- + (i) by the Secretary making a cash equalization payment + to the State, in accordance with section 206(b) of the + Federal Land Policy and Management Act of 1976 (43 U.S.C. + 1716(b)); or + (ii) by removing non-Federal land from the exchange. (g) Indian Tribes.--The Secretary shall consult with any federally recognized Indian Tribe in the vicinity of the Federal land and non- Federal land to be exchanged under subsection (b)(1) before the @@ -6213,41 +5662,39 @@ completion of the land exchange. Federal land or non-Federal land under subsection (b)(1) shall include the conveyance of water rights appurtenant to the parcel conveyed. (i) Grazing Permits.-- - (1) In general.--If the Federal land or non-Federal land - exchanged under subsection (b)(1) is subject to a lease, - permit, or contract for the grazing of domestic livestock in - effect on the date of acquisition, the Secretary and the State - shall allow the grazing to continue for the remainder of the - term of the lease, permit, or contract, subject to the related - terms and conditions of user agreements, including permitted - stocking rates, grazing fee levels, access rights, and - ownership and use of range improvements. - (2) Renewal.--To the extent allowed by Federal or State - law, on expiration of any grazing lease, permit, or contract - described in paragraph (1), the holder of the lease, permit, or - contract shall be entitled to a preference right to renew the - lease, permit, or contract. - (3) Cancellation.-- - (A) In general.--Nothing in this section prevents - the Secretary or the State from canceling or modifying - a grazing permit, lease, or contract if the Federal - land or non-Federal land subject to the permit, lease, - or contract is sold, conveyed, transferred, or leased - for non-grazing purposes by the Secretary or the State. - (B) Limitation.--Except to the extent reasonably - necessary to accommodate surface operations in support - of mineral development, the Secretary or the State - shall not cancel or modify a grazing permit, lease, or - contract because the land subject to the permit, lease, - or contract has been leased for mineral development. - (4) Base properties.--If non-Federal land conveyed by the - State under subsection (b)(1) is used by a grazing permittee or - lessee to meet the base property requirements for a Federal - grazing permit or lease, the land shall continue to qualify as - a base property for-- - (A) the remaining term of the lease or permit; and - (B) the term of any renewal or extension of the - lease or permit. + (1) In general.--If the Federal land or non-Federal land + exchanged under subsection (b)(1) is subject to a lease, permit, or + contract for the grazing of domestic livestock in effect on the + date of acquisition, the Secretary and the State shall allow the + grazing to continue for the remainder of the term of the lease, + permit, or contract, subject to the related terms and conditions of + user agreements, including permitted stocking rates, grazing fee + levels, access rights, and ownership and use of range improvements. + (2) Renewal.--To the extent allowed by Federal or State law, on + expiration of any grazing lease, permit, or contract described in + paragraph (1), the holder of the lease, permit, or contract shall + be entitled to a preference right to renew the lease, permit, or + contract. + (3) Cancellation.-- + (A) In general.--Nothing in this section prevents the + Secretary or the State from canceling or modifying a grazing + permit, lease, or contract if the Federal land or non-Federal + land subject to the permit, lease, or contract is sold, + conveyed, transferred, or leased for non-grazing purposes by + the Secretary or the State. + (B) Limitation.--Except to the extent reasonably necessary + to accommodate surface operations in support of mineral + development, the Secretary or the State shall not cancel or + modify a grazing permit, lease, or contract because the land + subject to the permit, lease, or contract has been leased for + mineral development. + (4) Base properties.--If non-Federal land conveyed by the State + under subsection (b)(1) is used by a grazing permittee or lessee to + meet the base property requirements for a Federal grazing permit or + lease, the land shall continue to qualify as a base property for-- + (A) the remaining term of the lease or permit; and + (B) the term of any renewal or extension of the lease or + permit. (j) Withdrawal of Federal Land From Mineral Entry Prior to Exchange.--Subject to valid existing rights, the Federal land to be conveyed to the State under subsection (b)(1) is withdrawn from mineral @@ -6257,598 +5704,540 @@ the Federal land to the State. Subtitle D--Wild and Scenic Rivers SEC. 1301. LOWER FARMINGTON RIVER AND SALMON BROOK WILD AND SCENIC - RIVER. - +RIVER. (a) Findings.--Congress finds that-- - (1) the Lower Farmington River and Salmon Brook Study Act - of 2005 (Public Law 109-370) authorized the study of the - Farmington River downstream from the segment designated as a - recreational river by section 3(a)(156) of the Wild and Scenic - Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the - Connecticut River, and the segment of the Salmon Brook - including its main stem and east and west branches for - potential inclusion in the National Wild and Scenic Rivers - System; - (2) the studied segments of the Lower Farmington River and - Salmon Brook support natural, cultural, and recreational - resources of exceptional significance to the citizens of - Connecticut and the Nation; - (3) concurrently with the preparation of the study, the - Lower Farmington River and Salmon Brook Wild and Scenic Study - Committee prepared the Lower Farmington River and Salmon Brook - Management Plan, June 2011 (referred to in this section as the - ``management plan''), that establishes objectives, standards, - and action programs that will ensure the long-term protection - of the outstanding values of the river segments without Federal - management of affected lands not owned by the United States; - (4) the Lower Farmington River and Salmon Brook Wild and - Scenic Study Committee has voted in favor of Wild and Scenic - River designation for the river segments, and has included this - recommendation as an integral part of the management plan; - (5) there is strong local support for the protection of the - Lower Farmington River and Salmon Brook, including votes of - support for Wild and Scenic designation from the governing - bodies of all ten communities abutting the study area; - (6) the State of Connecticut General Assembly has endorsed - the designation of the Lower Farmington River and Salmon Brook - as components of the National Wild and Scenic Rivers System - (Public Act 08-37); and - (7) the Rainbow Dam and Reservoir are located entirely - outside of the river segment designated by subsection (b), and, - based on the findings of the study of the Lower Farmington - River pursuant to Public Law 109-370, this hydroelectric - project (including all aspects of its facilities, operations, - and transmission lines) is compatible with the designation made - by subsection (b). + (1) the Lower Farmington River and Salmon Brook Study Act of + 2005 (Public Law 109-370) authorized the study of the Farmington + River downstream from the segment designated as a recreational + river by section 3(a)(156) of the Wild and Scenic Rivers Act (16 + U.S.C. 1277(a)(156)) to its confluence with the Connecticut River, + and the segment of the Salmon Brook including its main stem and + east and west branches for potential inclusion in the National Wild + and Scenic Rivers System; + (2) the studied segments of the Lower Farmington River and + Salmon Brook support natural, cultural, and recreational resources + of exceptional significance to the citizens of Connecticut and the + Nation; + (3) concurrently with the preparation of the study, the Lower + Farmington River and Salmon Brook Wild and Scenic Study Committee + prepared the Lower Farmington River and Salmon Brook Management + Plan, June 2011 (referred to in this section as the ``management + plan''), that establishes objectives, standards, and action + programs that will ensure the long-term protection of the + outstanding values of the river segments without Federal management + of affected lands not owned by the United States; + (4) the Lower Farmington River and Salmon Brook Wild and Scenic + Study Committee has voted in favor of Wild and Scenic River + designation for the river segments, and has included this + recommendation as an integral part of the management plan; + (5) there is strong local support for the protection of the + Lower Farmington River and Salmon Brook, including votes of support + for Wild and Scenic designation from the governing bodies of all + ten communities abutting the study area; + (6) the State of Connecticut General Assembly has endorsed the + designation of the Lower Farmington River and Salmon Brook as + components of the National Wild and Scenic Rivers System (Public + Act 08-37); and + (7) the Rainbow Dam and Reservoir are located entirely outside + of the river segment designated by subsection (b), and, based on + the findings of the study of the Lower Farmington River pursuant to + Public Law 109-370, this hydroelectric project (including all + aspects of its facilities, operations, and transmission lines) is + compatible with the designation made by subsection (b). (b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1241(a)) is amended by adding at the end the following: - ``(225) Lower farmington river and salmon brook, - connecticut.--Segments of the main stem and its tributary, - Salmon Brook, totaling approximately 62 miles, to be - administered by the Secretary of the Interior as follows: - ``(A) The approximately 27.2-mile segment of the - Farmington River beginning 0.2 miles below the tailrace - of the Lower Collinsville Dam and extending to the site - of the Spoonville Dam in Bloomfield and East Granby as - a recreational river. - ``(B) The approximately 8.1-mile segment of the - Farmington River extending from 0.5 miles below the - Rainbow Dam to the confluence with the Connecticut - River in Windsor as a recreational river. - ``(C) The approximately 2.4-mile segment of the - main stem of Salmon Brook extending from the confluence - of the East and West Branches to the confluence with - the Farmington River as a recreational river. - ``(D) The approximately 12.6-mile segment of the - West Branch of Salmon Brook extending from its - headwaters in Hartland, Connecticut, to its confluence - with the East Branch of Salmon Brook as a recreational - river. - ``(E) The approximately 11.4-mile segment of the - East Branch of Salmon Brook extending from the - Massachusetts-Connecticut State line to the confluence - with the West Branch of Salmon Brook as a recreational - river.''. + ``(225) Lower farmington river and salmon brook, connecticut.-- + Segments of the main stem and its tributary, Salmon Brook, totaling + approximately 62 miles, to be administered by the Secretary of the + Interior as follows: + ``(A) The approximately 27.2-mile segment of the Farmington + River beginning 0.2 miles below the tailrace of the Lower + Collinsville Dam and extending to the site of the Spoonville + Dam in Bloomfield and East Granby as a recreational river. + ``(B) The approximately 8.1-mile segment of the Farmington + River extending from 0.5 miles below the Rainbow Dam to the + confluence with the Connecticut River in Windsor as a + recreational river. + ``(C) The approximately 2.4-mile segment of the main stem + of Salmon Brook extending from the confluence of the East and + West Branches to the confluence with the Farmington River as a + recreational river. + ``(D) The approximately 12.6-mile segment of the West + Branch of Salmon Brook extending from its headwaters in + Hartland, Connecticut, to its confluence with the East Branch + of Salmon Brook as a recreational river. + ``(E) The approximately 11.4-mile segment of the East + Branch of Salmon Brook extending from the Massachusetts- + Connecticut State line to the confluence with the West Branch + of Salmon Brook as a recreational river.''. (c) Management.-- - (1) In general.--The river segments designated by - subsection (b) shall be managed in accordance with the - management plan and such amendments to the management plan as - the Secretary determines are consistent with this section. The - management plan shall be deemed to satisfy the requirements for - a comprehensive management plan pursuant to section 3(d) of the - Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). - (2) Committee.--The Secretary shall coordinate the - management responsibilities of the Secretary under this section - with the Lower Farmington River and Salmon Brook Wild and - Scenic Committee, as specified in the management plan. - (3) Cooperative agreements.-- - (A) In general.--In order to provide for the long- - term protection, preservation, and enhancement of the - river segment designated by subsection (b), the - Secretary is authorized to enter into cooperative - agreements pursuant to sections 10(e) and 11(b)(1) of - the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), - 1282(b)(1)) with-- - (i) the State of Connecticut; - (ii) the towns of Avon, Bloomfield, - Burlington, East Granby, Farmington, Granby, - Hartland, Simsbury, and Windsor in Connecticut; - and - (iii) appropriate local planning and - environmental organizations. - (B) Consistency.--All cooperative agreements - provided for under this section shall be consistent - with the management plan and may include provisions for - financial or other assistance from the United States. - (4) Land management.-- - (A) Zoning ordinances.--For the purposes of the - segments designated in subsection (b), the zoning - ordinances adopted by the towns in Avon, Bloomfield, - Burlington, East Granby, Farmington, Granby, Hartland, - Simsbury, and Windsor in Connecticut, including - provisions for conservation of floodplains, wetlands, - and watercourses associated with the segments, shall be - deemed to satisfy the standards and requirements of - section 6(c) of the Wild and Scenic Rivers Act (16 - U.S.C. 1277(c)). - (B) Acquisition of land.--The provisions of section - 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. - 1277(c)) that prohibit Federal acquisition of lands by - condemnation shall apply to the segments designated in - subsection (b). The authority of the Secretary to - acquire lands for the purposes of the segments - designated in subsection (b) shall be limited to - acquisition by donation or acquisition with the consent - of the owner of the lands, and shall be subject to the - additional criteria set forth in the management plan. - (5) Rainbow dam.--The designation made by subsection (b) - shall not be construed to-- - (A) prohibit, pre-empt, or abridge the potential - future licensing of the Rainbow Dam and Reservoir - (including any and all aspects of its facilities, - operations and transmission lines) by the Federal - Energy Regulatory Commission as a federally licensed - hydroelectric generation project under the Federal - Power Act (16 U.S.C. 791a et seq.), provided that the - Commission may, in the discretion of the Commission and - consistent with this section, establish such reasonable - terms and conditions in a hydropower license for - Rainbow Dam as are necessary to reduce impacts - identified by the Secretary as invading or unreasonably - diminishing the scenic, recreational, and fish and - wildlife values of the segments designated by - subsection (b); or - (B) affect the operation of, or impose any flow or - release requirements on, the unlicensed hydroelectric - facility at Rainbow Dam and Reservoir. - (6) Relation to national park system.--Notwithstanding - section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. - 1281(c)), the Lower Farmington River shall not be administered - as part of the National Park System or be subject to - regulations which govern the National Park System. + (1) In general.--The river segments designated by subsection + (b) shall be managed in accordance with the management plan and + such amendments to the management plan as the Secretary determines + are consistent with this section. The management plan shall be + deemed to satisfy the requirements for a comprehensive management + plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 + U.S.C. 1274(d)). + (2) Committee.--The Secretary shall coordinate the management + responsibilities of the Secretary under this section with the Lower + Farmington River and Salmon Brook Wild and Scenic Committee, as + specified in the management plan. + (3) Cooperative agreements.-- + (A) In general.--In order to provide for the long-term + protection, preservation, and enhancement of the river segment + designated by subsection (b), the Secretary is authorized to + enter into cooperative agreements pursuant to sections 10(e) + and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. + 1281(e), 1282(b)(1)) with-- + (i) the State of Connecticut; + (ii) the towns of Avon, Bloomfield, Burlington, East + Granby, Farmington, Granby, Hartland, Simsbury, and Windsor + in Connecticut; and + (iii) appropriate local planning and environmental + organizations. + (B) Consistency.--All cooperative agreements provided for + under this section shall be consistent with the management plan + and may include provisions for financial or other assistance + from the United States. + (4) Land management.-- + (A) Zoning ordinances.--For the purposes of the segments + designated in subsection (b), the zoning ordinances adopted by + the towns in Avon, Bloomfield, Burlington, East Granby, + Farmington, Granby, Hartland, Simsbury, and Windsor in + Connecticut, including provisions for conservation of + floodplains, wetlands, and watercourses associated with the + segments, shall be deemed to satisfy the standards and + requirements of section 6(c) of the Wild and Scenic Rivers Act + (16 U.S.C. 1277(c)). + (B) Acquisition of land.--The provisions of section 6(c) of + the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that + prohibit Federal acquisition of lands by condemnation shall + apply to the segments designated in subsection (b). The + authority of the Secretary to acquire lands for the purposes of + the segments designated in subsection (b) shall be limited to + acquisition by donation or acquisition with the consent of the + owner of the lands, and shall be subject to the additional + criteria set forth in the management plan. + (5) Rainbow dam.--The designation made by subsection (b) shall + not be construed to-- + (A) prohibit, pre-empt, or abridge the potential future + licensing of the Rainbow Dam and Reservoir (including any and + all aspects of its facilities, operations and transmission + lines) by the Federal Energy Regulatory Commission as a + federally licensed hydroelectric generation project under the + Federal Power Act (16 U.S.C. 791a et seq.), provided that the + Commission may, in the discretion of the Commission and + consistent with this section, establish such reasonable terms + and conditions in a hydropower license for Rainbow Dam as are + necessary to reduce impacts identified by the Secretary as + invading or unreasonably diminishing the scenic, recreational, + and fish and wildlife values of the segments designated by + subsection (b); or + (B) affect the operation of, or impose any flow or release + requirements on, the unlicensed hydroelectric facility at + Rainbow Dam and Reservoir. + (6) Relation to national park system.--Notwithstanding section + 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the + Lower Farmington River shall not be administered as part of the + National Park System or be subject to regulations which govern the + National Park System. (d) Farmington River, Connecticut, Designation Revision.--Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(156)) is amended in the first sentence-- - (1) by striking ``14-mile'' and inserting ``15.1-mile''; - and - (2) by striking ``to the downstream end of the New - Hartford-Canton, Connecticut town line'' and inserting ``to the - confluence with the Nepaug River''. - + (1) by striking ``14-mile'' and inserting ``15.1-mile''; and + (2) by striking ``to the downstream end of the New Hartford- + Canton, Connecticut town line'' and inserting ``to the confluence + with the Nepaug River''. SEC. 1302. WOOD-PAWCATUCK WATERSHED WILD AND SCENIC RIVER SEGMENTS. - (a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1301(b)) is amended by adding at the end the following: - ``(226) Wood-pawcatuck watershed, rhode island and - connecticut.--The following river segments within the Wood- - Pawcatuck watershed, to be administered by the Secretary of the - Interior, in cooperation with the Wood-Pawcatuck Wild and - Scenic Rivers Stewardship Council: - ``(A) The approximately 11-mile segment of the - Beaver River from its headwaters in Exeter and West - Greenwich, Rhode Island, to its confluence with the - Pawcatuck River in Richmond, Rhode Island, as a scenic - river. - ``(B) The approximately 3-mile segment of the - Chipuxet River from the Kingstown Road Bridge, South - Kingstown, Rhode Island, to its outlet in Worden Pond, - as a wild river. - ``(C) The approximately 9-mile segment of the Green - Fall River from its headwaters in Voluntown, - Connecticut, to its confluence with the Ashaway River - in Hopkinton, Rhode Island, as a scenic river. - ``(D) The approximately 3-mile segment of the - Ashaway River from its confluence with the Green Fall - River to its confluence with the Pawcatuck River in - Hopkinton, Rhode Island, as a recreational river. - ``(E) The approximately 3-mile segment of the - Pawcatuck River from the Worden Pond outlet in South - Kingstown, Rhode Island, to the South County Trail - Bridge, Charlestown and South Kingstown, Rhode Island, - as a wild river. - ``(F) The approximately 4-mile segment of the - Pawcatuck River from South County Trail Bridge, - Charlestown and South Kingstown, Rhode Island, to the - Carolina Back Road Bridge in Richmond and Charlestown, - Rhode Island, as a recreational river. - ``(G) The approximately 21-mile segment of the - Pawcatuck River from Carolina Back Road Bridge in - Richmond and Charlestown, Rhode Island, to the - confluence with Shunock River in Stonington, - Connecticut, as a scenic river. - ``(H) The approximately 8-mile segment of the - Pawcatuck River from the confluence with Shunock River - in Stonington, Connecticut, to the mouth of the river - between Pawcatuck Point in Stonington, Connecticut, and - Rhodes Point in Westerly, Rhode Island, as a - recreational river. - ``(I) The approximately 11-mile segment of the - Queen River from its headwaters in Exeter and West - Greenwich, Rhode Island, to the Kingstown Road Bridge - in South Kingstown, Rhode Island, as a scenic river. - ``(J) The approximately 5-mile segment of the - Usquepaugh River from the Kingstown Road Bridge to its - confluence with the Pawcatuck River in South Kingstown, - Rhode Island, as a wild river. - ``(K) The approximately 8-mile segment of the - Shunock River from its headwaters in North Stonington, - Connecticut, to its confluence with the Pawcatuck River - as a recreational river. - ``(L) The approximately 13-mile segment of the Wood - River from its headwaters in Sterling and Voluntown, - Connecticut, and Exeter and West Greenwich, Rhode - Island, to the Arcadia Road Bridge in Hopkinton and - Richmond, Rhode Island, as a wild river. - ``(M) The approximately 11-mile segment of the Wood - River from the Arcadia Road Bridge in Hopkinton and - Richmond, Rhode Island, to the confluence with the - Pawcatuck River in Charlestown, Hopkinton, and - Richmond, Rhode Island, as a recreational river.''. + ``(226) Wood-pawcatuck watershed, rhode island and + connecticut.--The following river segments within the Wood- + Pawcatuck watershed, to be administered by the Secretary of the + Interior, in cooperation with the Wood-Pawcatuck Wild and Scenic + Rivers Stewardship Council: + ``(A) The approximately 11-mile segment of the Beaver River + from its headwaters in Exeter and West Greenwich, Rhode Island, + to its confluence with the Pawcatuck River in Richmond, Rhode + Island, as a scenic river. + ``(B) The approximately 3-mile segment of the Chipuxet + River from the Kingstown Road Bridge, South Kingstown, Rhode + Island, to its outlet in Worden Pond, as a wild river. + ``(C) The approximately 9-mile segment of the Green Fall + River from its headwaters in Voluntown, Connecticut, to its + confluence with the Ashaway River in Hopkinton, Rhode Island, + as a scenic river. + ``(D) The approximately 3-mile segment of the Ashaway River + from its confluence with the Green Fall River to its confluence + with the Pawcatuck River in Hopkinton, Rhode Island, as a + recreational river. + ``(E) The approximately 3-mile segment of the Pawcatuck + River from the Worden Pond outlet in South Kingstown, Rhode + Island, to the South County Trail Bridge, Charlestown and South + Kingstown, Rhode Island, as a wild river. + ``(F) The approximately 4-mile segment of the Pawcatuck + River from South County Trail Bridge, Charlestown and South + Kingstown, Rhode Island, to the Carolina Back Road Bridge in + Richmond and Charlestown, Rhode Island, as a recreational + river. + ``(G) The approximately 21-mile segment of the Pawcatuck + River from Carolina Back Road Bridge in Richmond and + Charlestown, Rhode Island, to the confluence with Shunock River + in Stonington, Connecticut, as a scenic river. + ``(H) The approximately 8-mile segment of the Pawcatuck + River from the confluence with Shunock River in Stonington, + Connecticut, to the mouth of the river between Pawcatuck Point + in Stonington, Connecticut, and Rhodes Point in Westerly, Rhode + Island, as a recreational river. + ``(I) The approximately 11-mile segment of the Queen River + from its headwaters in Exeter and West Greenwich, Rhode Island, + to the Kingstown Road Bridge in South Kingstown, Rhode Island, + as a scenic river. + ``(J) The approximately 5-mile segment of the Usquepaugh + River from the Kingstown Road Bridge to its confluence with the + Pawcatuck River in South Kingstown, Rhode Island, as a wild + river. + ``(K) The approximately 8-mile segment of the Shunock River + from its headwaters in North Stonington, Connecticut, to its + confluence with the Pawcatuck River as a recreational river. + ``(L) The approximately 13-mile segment of the Wood River + from its headwaters in Sterling and Voluntown, Connecticut, and + Exeter and West Greenwich, Rhode Island, to the Arcadia Road + Bridge in Hopkinton and Richmond, Rhode Island, as a wild + river. + ``(M) The approximately 11-mile segment of the Wood River + from the Arcadia Road Bridge in Hopkinton and Richmond, Rhode + Island, to the confluence with the Pawcatuck River in + Charlestown, Hopkinton, and Richmond, Rhode Island, as a + recreational river.''. (b) Management of River Segments.-- - (1) Definitions.--In this subsection: - (A) Covered tributary.--The term ``covered - tributary'' means-- - (i) each of Assekonk Brook, Breakheart - Brook, Brushy Brook, Canochet Brook, - Chickasheen Brook, Cedar Swamp Brook, - Fisherville Brook, Glade Brook, Glen Rock - Brook, Kelly Brook, Locke Brook, Meadow Brook, - Pendleton Brook, Parris Brook, Passquisett - Brook, Phillips Brook, Poquiant Brook, Queens - Fort Brook, Roaring Brook, Sherman Brook, Taney - Brook, Tomaquag Brook, White Brook, and Wyassup - Brook within the Wood-Pawcatuck watershed; and - (ii) any other perennial stream within the - Wood-Pawcatuck watershed. - (B) River segment.--The term ``river segment'' - means a river segment designated by paragraph (226) of - section 3(a) of the Wild and Scenic Rivers Act (16 - U.S.C. 1274(a)) (as added by subsection (a)). - (C) Stewardship plan.--The term ``Stewardship - Plan'' means the plan entitled the ``Wood-Pawcatuck - Wild and Scenic Rivers Stewardship Plan for the Beaver, - Chipuxet, Green Fall-Ashaway, Pawcatuck, Queen- - Usquepaugh, Shunock, and Wood Rivers'' and dated June - 2018, which takes a watershed approach to the - management of the river segments. - (2) Wood-pawcatuck wild and scenic rivers stewardship - plan.-- - (A) In general.--The Secretary, in cooperation with - the Wood-Pawcatuck Wild and Scenic Rivers Stewardship - Council, shall manage the river segments in accordance - with-- - (i) the Stewardship Plan; and - (ii) any amendment to the Stewardship Plan - that the Secretary determines is consistent - with this subsection. - (B) Watershed approach.--In furtherance of the - watershed approach to resource preservation and - enhancement described in the Stewardship Plan, the - covered tributaries are recognized as integral to the - protection and enhancement of the river segments. - (C) Requirements for comprehensive management - plan.--The Stewardship Plan shall be considered to - satisfy each requirement for a comprehensive management - plan required under section 3(d) of the Wild and Scenic - Rivers Act (16 U.S.C. 1274(d)). - (3) Cooperative agreements.--To provide for the long-term - protection, preservation, and enhancement of each river - segment, in accordance with sections 10(e) and 11(b)(1) of the - Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the - Secretary may enter into cooperative agreements (which may - include provisions for financial or other assistance from the - Federal Government) with-- - (A) the States of Connecticut and Rhode Island; - (B) political subdivisions of the States of - Connecticut and Rhode Island, including-- - (i) the towns of North Stonington, - Sterling, Stonington, and Voluntown, - Connecticut; and - (ii) the towns of Charlestown, Exeter, - Hopkinton, North Kingstown, Richmond, South - Kingstown, Westerly, and West Kingstown, Rhode - Island; - (C) the Wood-Pawcatuck Wild and Scenic Rivers - Stewardship Council; and - (D) any appropriate nonprofit organization, as - determined by the Secretary. - (4) Relation to national park system.--Notwithstanding - section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. - 1281(c)), each river segment shall not be-- - (A) administered as a unit of the National Park - System; or - (B) subject to the laws (including regulations) - that govern the administration of the National Park - System. - (5) Land management.-- - (A) Zoning ordinances.--The zoning ordinances - adopted by the towns of North Stonington, Sterling, - Stonington, and Voluntown, Connecticut, and - Charlestown, Exeter, Hopkinton, North Kingstown, - Richmond, South Kingstown, Westerly, and West - Greenwich, Rhode Island (including any provision of the - zoning ordinances relating to the conservation of - floodplains, wetlands, and watercourses associated with - any river segment), shall be considered to satisfy the - standards and requirements described in section 6(c) of - the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). - (B) Villages.--For purposes of section 6(c) of the - Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each - town described in subparagraph (A) shall be considered - to be a village. - (C) Acquisition of land.-- - (i) Limitation of authority of secretary.-- - With respect to each river segment, the - Secretary may only acquire parcels of land-- - (I) by donation; or - (II) with the consent of the owner - of the parcel of land. - (ii) Prohibition relating to the - acquisition of land by condemnation.--In - accordance with 6(c) of the Wild and Scenic - Rivers Act (16 U.S.C. 1277(c)), with respect to - each river segment, the Secretary may not - acquire any parcel of land by condemnation. + (1) Definitions.--In this subsection: + (A) Covered tributary.--The term ``covered tributary'' + means-- + (i) each of Assekonk Brook, Breakheart Brook, Brushy + Brook, Canochet Brook, Chickasheen Brook, Cedar Swamp + Brook, Fisherville Brook, Glade Brook, Glen Rock Brook, + Kelly Brook, Locke Brook, Meadow Brook, Pendleton Brook, + Parris Brook, Passquisett Brook, Phillips Brook, Poquiant + Brook, Queens Fort Brook, Roaring Brook, Sherman Brook, + Taney Brook, Tomaquag Brook, White Brook, and Wyassup Brook + within the Wood-Pawcatuck watershed; and + (ii) any other perennial stream within the Wood- + Pawcatuck watershed. + (B) River segment.--The term ``river segment'' means a + river segment designated by paragraph (226) of section 3(a) of + the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by + subsection (a)). + (C) Stewardship plan.--The term ``Stewardship Plan'' means + the plan entitled the ``Wood-Pawcatuck Wild and Scenic Rivers + Stewardship Plan for the Beaver, Chipuxet, Green Fall-Ashaway, + Pawcatuck, Queen-Usquepaugh, Shunock, and Wood Rivers'' and + dated June 2018, which takes a watershed approach to the + management of the river segments. + (2) Wood-pawcatuck wild and scenic rivers stewardship plan.-- + (A) In general.--The Secretary, in cooperation with the + Wood-Pawcatuck Wild and Scenic Rivers Stewardship Council, + shall manage the river segments in accordance with-- + (i) the Stewardship Plan; and + (ii) any amendment to the Stewardship Plan that the + Secretary determines is consistent with this subsection. + (B) Watershed approach.--In furtherance of the watershed + approach to resource preservation and enhancement described in + the Stewardship Plan, the covered tributaries are recognized as + integral to the protection and enhancement of the river + segments. + (C) Requirements for comprehensive management plan.--The + Stewardship Plan shall be considered to satisfy each + requirement for a comprehensive management plan required under + section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. + 1274(d)). + (3) Cooperative agreements.--To provide for the long-term + protection, preservation, and enhancement of each river segment, in + accordance with sections 10(e) and 11(b)(1) of the Wild and Scenic + Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Secretary may enter + into cooperative agreements (which may include provisions for + financial or other assistance from the Federal Government) with-- + (A) the States of Connecticut and Rhode Island; + (B) political subdivisions of the States of Connecticut and + Rhode Island, including-- + (i) the towns of North Stonington, Sterling, + Stonington, and Voluntown, Connecticut; and + (ii) the towns of Charlestown, Exeter, Hopkinton, North + Kingstown, Richmond, South Kingstown, Westerly, and West + Kingstown, Rhode Island; + (C) the Wood-Pawcatuck Wild and Scenic Rivers Stewardship + Council; and + (D) any appropriate nonprofit organization, as determined + by the Secretary. + (4) Relation to national park system.--Notwithstanding section + 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each + river segment shall not be-- + (A) administered as a unit of the National Park System; or + (B) subject to the laws (including regulations) that govern + the administration of the National Park System. + (5) Land management.-- + (A) Zoning ordinances.--The zoning ordinances adopted by + the towns of North Stonington, Sterling, Stonington, and + Voluntown, Connecticut, and Charlestown, Exeter, Hopkinton, + North Kingstown, Richmond, South Kingstown, Westerly, and West + Greenwich, Rhode Island (including any provision of the zoning + ordinances relating to the conservation of floodplains, + wetlands, and watercourses associated with any river segment), + shall be considered to satisfy the standards and requirements + described in section 6(c) of the Wild and Scenic Rivers Act (16 + U.S.C. 1277(c)). + (B) Villages.--For purposes of section 6(c) of the Wild and + Scenic Rivers Act (16 U.S.C. 1277(c)), each town described in + subparagraph (A) shall be considered to be a village. + (C) Acquisition of land.-- + (i) Limitation of authority of secretary.--With respect + to each river segment, the Secretary may only acquire + parcels of land-- + + (I) by donation; or + (II) with the consent of the owner of the parcel of + land. + (ii) Prohibition relating to the acquisition of land by + condemnation.--In accordance with 6(c) of the Wild and + Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to each + river segment, the Secretary may not acquire any parcel of + land by condemnation. SEC. 1303. NASHUA WILD AND SCENIC RIVERS, MASSACHUSETTS AND NEW - HAMPSHIRE. - +HAMPSHIRE. (a) Designation of Wild and Scenic River Segments.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1302(a)) is amended by adding at the end the following: - ``(227) Nashua, squannacook, and nissitissit wild and - scenic rivers, massachusetts and new hampshire.-- - ``(A) The following segments in the Commonwealth of - Massachusetts and State of New Hampshire, to be - administered by the Secretary of the Interior as a - scenic river: - ``(i) The approximately 27-mile segment of - the mainstem of the Nashua River from the - confluence of the North and South Nashua Rivers - in Lancaster, Massachusetts, and extending - north to the Massachusetts-New Hampshire - border, except as provided in subparagraph (B). - ``(ii) The approximately 16.3-mile segment - of the Squannacook River from its headwaters in - Ash Swamp, Townsend, Massachusetts, extending - downstream to the confluence of the river with - the Nashua River in Shirley/Ayer, - Massachusetts, except as provided in - subparagraph (B). - ``(iii) The approximately 9.5-mile segment - of the Nissitissit River from its headwaters in - Brookline, New Hampshire, to the confluence of - the river with the Nashua River in Pepperell, - Massachusetts. - ``(B) Exclusion areas.--The designation of the - river segments in subparagraph (A) shall exclude-- - ``(i) with respect to the Ice House - hydroelectric project (FERC P-12769), from 700 - feet upstream from the crest of the dam to 500 - feet downstream from the crest of the dam; - ``(ii) with respect to the Pepperell - hydroelectric project (FERC P12721), from 9,240 - feet upstream from the crest of the dam to - 1,000 feet downstream from the crest of the - dam; and - ``(iii) with respect to the Hollingsworth - and Vose dam (non-FERC), from 1,200 feet - upstream from the crest of the dam to 2,665 - feet downstream from the crest of the dam.''. + ``(227) Nashua, squannacook, and nissitissit wild and scenic + rivers, massachusetts and new hampshire.-- + ``(A) The following segments in the Commonwealth of + Massachusetts and State of New Hampshire, to be administered by + the Secretary of the Interior as a scenic river: + ``(i) The approximately 27-mile segment of the mainstem + of the Nashua River from the confluence of the North and + South Nashua Rivers in Lancaster, Massachusetts, and + extending north to the Massachusetts-New Hampshire border, + except as provided in subparagraph (B). + ``(ii) The approximately 16.3-mile segment of the + Squannacook River from its headwaters in Ash Swamp, + Townsend, Massachusetts, extending downstream to the + confluence of the river with the Nashua River in Shirley/ + Ayer, Massachusetts, except as provided in subparagraph + (B). + ``(iii) The approximately 9.5-mile segment of the + Nissitissit River from its headwaters in Brookline, New + Hampshire, to the confluence of the river with the Nashua + River in Pepperell, Massachusetts. + ``(B) Exclusion areas.--The designation of the river + segments in subparagraph (A) shall exclude-- + ``(i) with respect to the Ice House hydroelectric + project (FERC P-12769), from 700 feet upstream from the + crest of the dam to 500 feet downstream from the crest of + the dam; + ``(ii) with respect to the Pepperell hydroelectric + project (FERC P12721), from 9,240 feet upstream from the + crest of the dam to 1,000 feet downstream from the crest of + the dam; and + ``(iii) with respect to the Hollingsworth and Vose dam + (non-FERC), from 1,200 feet upstream from the crest of the + dam to 2,665 feet downstream from the crest of the dam.''. (b) Management.-- - (1) Process.-- - (A) In general.--The river segments designated by - paragraph (227) of section 3(a) of the Wild and Scenic - Rivers Act (16 U.S.C. 1274(a)) (as added by subsection - (a)) shall be managed in accordance with-- - (i) the Nashua, Squannacook, and - Nissitissit Rivers Stewardship Plan developed - pursuant to the study described in section - 5(b)(21) of the Wild and Scenic Rivers Act (16 - U.S.C. 1276(b)(21)) (referred to in this - subsection as the ``management plan''), dated - February 15, 2018; and - (ii) such amendments to the management plan - as the Secretary determines are consistent with - this section and as are approved by the Nashua, - Squannacook, and Nissitissit Rivers Stewardship - Council (referred to in this subsection as the - ``Stewardship Council''). - (B) Comprehensive management plan.--The management - plan shall be considered to satisfy the requirements - for a comprehensive management plan under section 3(d) - of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). - (2) Committee.--The Secretary shall coordinate the - management responsibilities of the Secretary under this section - with the Stewardship Council, as specified in the management - plan. - (3) Cooperative agreements.-- - (A) In general.--In order to provide for the long- - term protection, preservation, and enhancement of the - river segments designated by paragraph (227) of section - 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. - 1274(a)) (as added by subsection (a)), the Secretary - may enter into cooperative agreements pursuant to - sections 10(e) and 11(b)(1) of that Act (16 U.S.C. - 1281(e), 1282(b)(1)) with-- - (i) the Commonwealth of Massachusetts and - the State of New Hampshire; - (ii) the municipalities of-- - (I) Ayer, Bolton, Dunstable, - Groton, Harvard, Lancaster, Pepperell, - Shirley, and Townsend in Massachusetts; - and - (II) Brookline and Hollis in New - Hampshire; and - (iii) appropriate local, regional, State, - or multistate, planning, environmental, or - recreational organizations. - (B) Consistency.--Each cooperative agreement - entered into under this paragraph shall be consistent - with the management plan and may include provisions for - financial or other assistance from the United States. - (4) Effect on working dams.-- - (A) In general.--The designation of the river - segments by paragraph (227) of section 3(a) of the Wild - and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by - subsection (a)), does not-- - (i) impact or alter the existing terms of - permitting, licensing, or operation of-- - (I) the Pepperell hydroelectric - project (FERC Project P-12721, Nashua - River, Pepperell, MA); - (II) the Ice House hydroelectric - project (FERC Project P-12769, Nashua - River, Ayer, MA); or - (III) the Hollingsworth and Vose - Dam (non-FERC industrial facility, - Squannacook River, West Groton, MA) as - further described in the management - plan (Appendix A, ``Working Dams''); or - (ii) preclude the Federal Energy Regulatory - Commission from licensing, relicensing, or - otherwise authorizing the operation or - continued operation of the Pepperell and Ice - House hydroelectric projects under the terms of - licenses or exemptions in effect on the date of - enactment of this Act; or - (iii) limit actions taken to modernize, - upgrade, or carry out other changes to such - projects authorized pursuant to clause (i), - subject to written determination by the - Secretary that the changes are consistent with - the purposes of the designation. - (5) Land management.-- - (A) Zoning ordinances.--For the purpose of the - segments designated by paragraph (227) of section 3(a) - of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) - (as added by subsection (a)), the zoning ordinances - adopted by the municipalities described in paragraph - (3)(A)(ii), including provisions for conservation of - floodplains, wetlands, and watercourses associated with - the segments, shall be deemed to satisfy the standards - and requirements of section 6(c) of the Wild and Scenic - Rivers Act (16 U.S.C. 1277(c)). - (B) Acquisitions of lands.--The authority of the - Secretary to acquire land for the purposes of the - segments designated by paragraph (227) of section 3(a) - of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) - (as added by subsection (a)) shall be-- - (i) limited to acquisition by donation or - acquisition with the consent of the owner of - the land; and - (ii) subject to the additional criteria set - forth in the management plan. - (C) No condemnation.--No land or interest in land - within the boundary of the river segments designated by - paragraph (227) of section 3(a) of the Wild and Scenic - Rivers Act (16 U.S.C. 1274(a)) (as added by subsection - (a)) may be acquired by condemnation. - (6) Relation to the national park system.--Notwithstanding - section 10(c) of the Wild and Scenic Rivers Act(16 U.S.C. - 1281(c)), each segment of the Nashua, Squannacook, and - Nissitissit Rivers designated as a component of the Wild and - Scenic Rivers System under this section shall not-- - (A) be administered as a unit of the National Park - System; or - (B) be subject to regulations that govern the - National Park System. + (1) Process.-- + (A) In general.--The river segments designated by paragraph + (227) of section 3(a) of the Wild and Scenic Rivers Act (16 + U.S.C. 1274(a)) (as added by subsection (a)) shall be managed + in accordance with-- + (i) the Nashua, Squannacook, and Nissitissit Rivers + Stewardship Plan developed pursuant to the study described + in section 5(b)(21) of the Wild and Scenic Rivers Act (16 + U.S.C. 1276(b)(21)) (referred to in this subsection as the + ``management plan''), dated February 15, 2018; and + (ii) such amendments to the management plan as the + Secretary determines are consistent with this section and + as are approved by the Nashua, Squannacook, and Nissitissit + Rivers Stewardship Council (referred to in this subsection + as the ``Stewardship Council''). + (B) Comprehensive management plan.--The management plan + shall be considered to satisfy the requirements for a + comprehensive management plan under section 3(d) of the Wild + and Scenic Rivers Act (16 U.S.C. 1274(d)). + (2) Committee.--The Secretary shall coordinate the management + responsibilities of the Secretary under this section with the + Stewardship Council, as specified in the management plan. + (3) Cooperative agreements.-- + (A) In general.--In order to provide for the long-term + protection, preservation, and enhancement of the river segments + designated by paragraph (227) of section 3(a) of the Wild and + Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection + (a)), the Secretary may enter into cooperative agreements + pursuant to sections 10(e) and 11(b)(1) of that Act (16 U.S.C. + 1281(e), 1282(b)(1)) with-- + (i) the Commonwealth of Massachusetts and the State of + New Hampshire; + (ii) the municipalities of-- + + (I) Ayer, Bolton, Dunstable, Groton, Harvard, + Lancaster, Pepperell, Shirley, and Townsend in + Massachusetts; and + (II) Brookline and Hollis in New Hampshire; and + + (iii) appropriate local, regional, State, or + multistate, planning, environmental, or recreational + organizations. + (B) Consistency.--Each cooperative agreement entered into + under this paragraph shall be consistent with the management + plan and may include provisions for financial or other + assistance from the United States. + (4) Effect on working dams.-- + (A) In general.--The designation of the river segments by + paragraph (227) of section 3(a) of the Wild and Scenic Rivers + Act (16 U.S.C. 1274(a)) (as added by subsection (a)), does + not-- + (i) impact or alter the existing terms of permitting, + licensing, or operation of-- + + (I) the Pepperell hydroelectric project (FERC + Project P-12721, Nashua River, Pepperell, MA); + (II) the Ice House hydroelectric project (FERC + Project P-12769, Nashua River, Ayer, MA); or + (III) the Hollingsworth and Vose Dam (non-FERC + industrial facility, Squannacook River, West Groton, + MA) as further described in the management plan + (Appendix A, ``Working Dams''); or + + (ii) preclude the Federal Energy Regulatory Commission + from licensing, relicensing, or otherwise authorizing the + operation or continued operation of the Pepperell and Ice + House hydroelectric projects under the terms of licenses or + exemptions in effect on the date of enactment of this Act; + or + (iii) limit actions taken to modernize, upgrade, or + carry out other changes to such projects authorized + pursuant to clause (i), subject to written determination by + the Secretary that the changes are consistent with the + purposes of the designation. + (5) Land management.-- + (A) Zoning ordinances.--For the purpose of the segments + designated by paragraph (227) of section 3(a) of the Wild and + Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection + (a)), the zoning ordinances adopted by the municipalities + described in paragraph (3)(A)(ii), including provisions for + conservation of floodplains, wetlands, and watercourses + associated with the segments, shall be deemed to satisfy the + standards and requirements of section 6(c) of the Wild and + Scenic Rivers Act (16 U.S.C. 1277(c)). + (B) Acquisitions of lands.--The authority of the Secretary + to acquire land for the purposes of the segments designated by + paragraph (227) of section 3(a) of the Wild and Scenic Rivers + Act (16 U.S.C. 1274(a)) (as added by subsection (a)) shall be-- + (i) limited to acquisition by donation or acquisition + with the consent of the owner of the land; and + (ii) subject to the additional criteria set forth in + the management plan. + (C) No condemnation.--No land or interest in land within + the boundary of the river segments designated by paragraph + (227) of section 3(a) of the Wild and Scenic Rivers Act (16 + U.S.C. 1274(a)) (as added by subsection (a)) may be acquired by + condemnation. + (6) Relation to the national park system.--Notwithstanding + section 10(c) of the Wild and Scenic Rivers Act(16 U.S.C. 1281(c)), + each segment of the Nashua, Squannacook, and Nissitissit Rivers + designated as a component of the Wild and Scenic Rivers System + under this section shall not-- + (A) be administered as a unit of the National Park System; + or + (B) be subject to regulations that govern the National Park + System. Subtitle E--California Desert Protection and Recreation SEC. 1401. DEFINITIONS. - In this subtitle: - (1) Conservation area.--The term ``Conservation Area'' - means the California Desert Conservation Area. - (2) Secretary.--The term ``Secretary'' means-- - (A) the Secretary, with respect to land - administered by the Department of the Interior; or - (B) the Secretary of Agriculture, with respect to - National Forest System land. - (3) State.--The term ``State'' means the State of - California. + (1) Conservation area.--The term ``Conservation Area'' means + the California Desert Conservation Area. + (2) Secretary.--The term ``Secretary'' means-- + (A) the Secretary, with respect to land administered by the + Department of the Interior; or + (B) the Secretary of Agriculture, with respect to National + Forest System land. + (3) State.--The term ``State'' means the State of California. PART I--DESIGNATION OF WILDERNESS IN THE CALIFORNIA DESERT CONSERVATION AREA SEC. 1411. CALIFORNIA DESERT CONSERVATION AND RECREATION. - (a) Designation of Wilderness Areas to Be Administered by the Bureau of Land Management.--Section 102 of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108 Stat. 4472) is amended by adding at the end the following: - ``(70) Avawatz mountains wilderness.--Certain land in the - California Desert Conservation Area administered by the - Director of the Bureau of Land Management, comprising - approximately 89,500 acres, as generally depicted on the map - entitled `Proposed Avawatz Mountains Wilderness' and dated - November 7, 2018, to be known as the `Avawatz Mountains - Wilderness'. - ``(71) Great falls basin wilderness.--Certain land in the - California Desert Conservation Area administered by the - Director of the Bureau of Land Management, comprising - approximately 7,810 acres, as generally depicted on the map - entitled `Proposed Great Falls Basin Wilderness' and dated - November 7, 2018, to be known as the `Great Falls Basin - Wilderness'. - ``(72) Soda mountains wilderness.--Certain land in the - California Desert Conservation Area, administered by the Bureau - of Land Management, comprising approximately 80,090 acres, as - generally depicted on the map entitled `Proposed Soda Mountains - Wilderness' and dated November 7, 2018, to be known as the - `Soda Mountains Wilderness'. - ``(73) Milpitas wash wilderness.--Certain land in the - California Desert Conservation Area, administered by the Bureau - of Land Management, comprising approximately 17,250 acres, - depicted as `Proposed Milpitas Wash Wilderness' on the map - entitled `Proposed Vinagre Wash Special Management Area and - Proposed Wilderness' and dated December 4, 2018, to be known as - the `Milpitas Wash Wilderness'. - ``(74) Buzzards peak wilderness.--Certain land in the - California Desert Conservation Area, administered by the Bureau - of Land Management, comprising approximately 11,840 acres, - depicted as `Proposed Buzzards Peak Wilderness' on the map - entitled `Proposed Vinagre Wash Special Management Area and - Proposed Wilderness' and dated December 4, 2018, to be known as - the `Buzzards Peak Wilderness'.''. + ``(70) Avawatz mountains wilderness.--Certain land in the + California Desert Conservation Area administered by the Director of + the Bureau of Land Management, comprising approximately 89,500 + acres, as generally depicted on the map entitled `Proposed Avawatz + Mountains Wilderness' and dated November 7, 2018, to be known as + the `Avawatz Mountains Wilderness'. + ``(71) Great falls basin wilderness.--Certain land in the + California Desert Conservation Area administered by the Director of + the Bureau of Land Management, comprising approximately 7,810 + acres, as generally depicted on the map entitled `Proposed Great + Falls Basin Wilderness' and dated November 7, 2018, to be known as + the `Great Falls Basin Wilderness'. + ``(72) Soda mountains wilderness.--Certain land in the + California Desert Conservation Area, administered by the Bureau of + Land Management, comprising approximately 80,090 acres, as + generally depicted on the map entitled `Proposed Soda Mountains + Wilderness' and dated November 7, 2018, to be known as the `Soda + Mountains Wilderness'. + ``(73) Milpitas wash wilderness.--Certain land in the + California Desert Conservation Area, administered by the Bureau of + Land Management, comprising approximately 17,250 acres, depicted as + `Proposed Milpitas Wash Wilderness' on the map entitled `Proposed + Vinagre Wash Special Management Area and Proposed Wilderness' and + dated December 4, 2018, to be known as the `Milpitas Wash + Wilderness'. + ``(74) Buzzards peak wilderness.--Certain land in the + California Desert Conservation Area, administered by the Bureau of + Land Management, comprising approximately 11,840 acres, depicted as + `Proposed Buzzards Peak Wilderness' on the map entitled `Proposed + Vinagre Wash Special Management Area and Proposed Wilderness' and + dated December 4, 2018, to be known as the `Buzzards Peak + Wilderness'.''. (b) Additions to Existing Wilderness Areas Administered by the Bureau of Land Management.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System: - (1) Golden valley wilderness.--Certain land in the - Conservation Area administered by the Director of the Bureau of - Land Management, comprising approximately 1,250 acres, as - generally depicted on the map entitled ``Proposed Golden Valley - Wilderness Addition'' and dated November 7, 2018, which shall - be added to and administered as part of the ``Golden Valley - Wilderness''. - (2) Kingston range wilderness.--Certain land in the - Conservation Area administered by the Director of the Bureau of - Land Management, comprising approximately 52,410 acres, as - generally depicted on the map entitled ``Proposed Kingston - Range Wilderness Additions'' and dated November 7, 2018, which - shall be added to and administered as part of the ``Kingston - Range Wilderness''. - (3) Palo verde mountains wilderness.--Certain land in the - Conservation Area administered by the Director of the Bureau of - Land Management, comprising approximately 9,350 acres, depicted - as ``Proposed Palo Verde Mountains Wilderness Additions'' on - the map entitled ``Proposed Vinagre Wash Special Management - Area and Proposed Wilderness'' and dated December 4, 2018, - which shall be added to and administered as part of the ``Palo - Verde Mountains Wilderness''. - (4) Indian pass mountains wilderness.--Certain land in the - Conservation Area administered by the Director of the Bureau of - Land Management, comprising approximately 10,860 acres, - depicted as ``Proposed Indian Pass Wilderness Additions'' on - the map entitled ``Proposed Vinagre Wash Special Management - Area and Proposed Wilderness'' and dated December 4, 2018, - which shall be added to and administered as part of the - ``Indian Pass Mountains Wilderness''. + (1) Golden valley wilderness.--Certain land in the Conservation + Area administered by the Director of the Bureau of Land Management, + comprising approximately 1,250 acres, as generally depicted on the + map entitled ``Proposed Golden Valley Wilderness Addition'' and + dated November 7, 2018, which shall be added to and administered as + part of the ``Golden Valley Wilderness''. + (2) Kingston range wilderness.--Certain land in the + Conservation Area administered by the Director of the Bureau of + Land Management, comprising approximately 52,410 acres, as + generally depicted on the map entitled ``Proposed Kingston Range + Wilderness Additions'' and dated November 7, 2018, which shall be + added to and administered as part of the ``Kingston Range + Wilderness''. + (3) Palo verde mountains wilderness.--Certain land in the + Conservation Area administered by the Director of the Bureau of + Land Management, comprising approximately 9,350 acres, depicted as + ``Proposed Palo Verde Mountains Wilderness Additions'' on the map + entitled ``Proposed Vinagre Wash Special Management Area and + Proposed Wilderness'' and dated December 4, 2018, which shall be + added to and administered as part of the ``Palo Verde Mountains + Wilderness''. + (4) Indian pass mountains wilderness.--Certain land in the + Conservation Area administered by the Director of the Bureau of + Land Management, comprising approximately 10,860 acres, depicted as + ``Proposed Indian Pass Wilderness Additions'' on the map entitled + ``Proposed Vinagre Wash Special Management Area and Proposed + Wilderness'' and dated December 4, 2018, which shall be added to + and administered as part of the ``Indian Pass Mountains + Wilderness''. (c) Designation of Wilderness Areas to Be Administered by the National Park Service.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.) the following land in Death @@ -6857,82 +6246,75 @@ the National Wilderness Preservation System, which shall be added to, and administered as part of the Death Valley National Park Wilderness established by section 601(a)(1) of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108 Stat. 4496): - (1) Death valley national park wilderness additions-north - eureka valley.--Approximately 11,496 acres, as generally - depicted on the map entitled ``Death Valley National Park - Proposed Wilderness Area-North Eureka Valley'', numbered 143/ - 100,082D, and dated November 1, 2018. - (2) Death valley national park wilderness additions-ibex.-- - Approximately 23,650 acres, as generally depicted on the map - entitled ``Death Valley National Park Proposed Wilderness Area- - Ibex'', numbered 143/100,081D, and dated November 1, 2018. - (3) Death valley national park wilderness additions- - panamint valley.--Approximately 4,807 acres, as generally - depicted on the map entitled ``Death Valley National Park - Proposed Wilderness Area-Panamint Valley'', numbered 143/ - 100,083D, and dated November 1, 2018. - (4) Death valley national park wilderness additions-warm - springs.--Approximately 10,485 acres, as generally depicted on - the map entitled ``Death Valley National Park Proposed - Wilderness Area-Warm Spring Canyon/Galena Canyon'', numbered - 143/100,084D, and dated November 1, 2018. - (5) Death valley national park wilderness additions-axe - head.--Approximately 8,638 acres, as generally depicted on the - map entitled ``Death Valley National Park Proposed Wilderness - Area-Axe Head'', numbered 143/100,085D, and dated November 1, - 2018. - (6) Death valley national park wilderness additions-bowling - alley.--Approximately 28,923 acres, as generally depicted on - the map entitled ``Death Valley National Park Proposed - Wilderness Area-Bowling Alley'', numbered 143/128,606A, and - dated November 1, 2018. + (1) Death valley national park wilderness additions-north + eureka valley.--Approximately 11,496 acres, as generally depicted + on the map entitled ``Death Valley National Park Proposed + Wilderness Area-North Eureka Valley'', numbered 143/100,082D, and + dated November 1, 2018. + (2) Death valley national park wilderness additions-ibex.-- + Approximately 23,650 acres, as generally depicted on the map + entitled ``Death Valley National Park Proposed Wilderness Area- + Ibex'', numbered 143/100,081D, and dated November 1, 2018. + (3) Death valley national park wilderness additions-panamint + valley.--Approximately 4,807 acres, as generally depicted on the + map entitled ``Death Valley National Park Proposed Wilderness Area- + Panamint Valley'', numbered 143/100,083D, and dated November 1, + 2018. + (4) Death valley national park wilderness additions-warm + springs.--Approximately 10,485 acres, as generally depicted on the + map entitled ``Death Valley National Park Proposed Wilderness Area- + Warm Spring Canyon/Galena Canyon'', numbered 143/100,084D, and + dated November 1, 2018. + (5) Death valley national park wilderness additions-axe head.-- + Approximately 8,638 acres, as generally depicted on the map + entitled ``Death Valley National Park Proposed Wilderness Area-Axe + Head'', numbered 143/100,085D, and dated November 1, 2018. + (6) Death valley national park wilderness additions-bowling + alley.--Approximately 28,923 acres, as generally depicted on the + map entitled ``Death Valley National Park Proposed Wilderness Area- + Bowling Alley'', numbered 143/128,606A, and dated November 1, 2018. (d) Additions to Existing Wilderness Area Administered by the Forest Service.-- - (1) In general.--In furtherance of the purposes of the - Wilderness Act (16 U.S.C. 1131 et seq.), the land described in - paragraph (2)-- - (A) is designated as wilderness and as a component - of the National Wilderness Preservation System; and - (B) shall be added to and administered as part of - the San Gorgonio Wilderness established by the - Wilderness Act (16 U.S.C. 1131 et seq.). - (2) Description of land.--The land referred to in paragraph - (1) is certain land in the San Bernardino National Forest, - comprising approximately 7,141 acres, as generally depicted on - the map entitled ``San Gorgonio Wilderness Additions-- - Proposed'' and dated November 7, 2018. - (3) Fire management and related activities.-- - (A) In general.--The Secretary may carry out such - activities in the wilderness area designated by - paragraph (1) as are necessary for the control of fire, - insects, and disease, in accordance with section - 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) - and House Report 98-40 of the 98th Congress. - (B) Funding priorities.--Nothing in this subsection - limits the provision of any funding for fire or fuel - management in the wilderness area designated by - paragraph (1). - (C) Revision and development of local fire - management plans.--As soon as practicable after the - date of enactment of this Act, the Secretary shall - amend the local fire management plans that apply to the - wilderness area designated by paragraph (1). - (D) Administration.--In accordance with - subparagraph (A) and other applicable Federal law, to - ensure a timely and efficient response to fire - emergencies in the wilderness area designated by - paragraph (1), the Secretary shall-- - (i) not later than 1 year after the date of - enactment of this Act, establish agency - approval procedures (including appropriate - delegations of authority to the Forest - Supervisor, District Manager, or other agency - officials) for responding to fire emergencies - in the wilderness area designated by paragraph - (1); and - (ii) enter into agreements with appropriate - State or local firefighting agencies relating - to the wilderness area. + (1) In general.--In furtherance of the purposes of the + Wilderness Act (16 U.S.C. 1131 et seq.), the land described in + paragraph (2)-- + (A) is designated as wilderness and as a component of the + National Wilderness Preservation System; and + (B) shall be added to and administered as part of the San + Gorgonio Wilderness established by the Wilderness Act (16 + U.S.C. 1131 et seq.). + (2) Description of land.--The land referred to in paragraph (1) + is certain land in the San Bernardino National Forest, comprising + approximately 7,141 acres, as generally depicted on the map + entitled ``San Gorgonio Wilderness Additions--Proposed'' and dated + November 7, 2018. + (3) Fire management and related activities.-- + (A) In general.--The Secretary may carry out such + activities in the wilderness area designated by paragraph (1) + as are necessary for the control of fire, insects, and disease, + in accordance with section 4(d)(1) of the Wilderness Act (16 + U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress. + (B) Funding priorities.--Nothing in this subsection limits + the provision of any funding for fire or fuel management in the + wilderness area designated by paragraph (1). + (C) Revision and development of local fire management + plans.--As soon as practicable after the date of enactment of + this Act, the Secretary shall amend the local fire management + plans that apply to the wilderness area designated by paragraph + (1). + (D) Administration.--In accordance with subparagraph (A) + and other applicable Federal law, to ensure a timely and + efficient response to fire emergencies in the wilderness area + designated by paragraph (1), the Secretary shall-- + (i) not later than 1 year after the date of enactment + of this Act, establish agency approval procedures + (including appropriate delegations of authority to the + Forest Supervisor, District Manager, or other agency + officials) for responding to fire emergencies in the + wilderness area designated by paragraph (1); and + (ii) enter into agreements with appropriate State or + local firefighting agencies relating to the wilderness + area. (e) Effect on Utility Facilities and Rights-of-way.--Nothing in this section or an amendment made by this section affects or precludes the renewal or reauthorization of any valid existing right-of-way or @@ -6941,327 +6323,299 @@ activities in a right-of-way acquired by or issued, granted, or permitted to the Southern California Edison Company or successors or assigns of the Southern California Edison Company. (f) Release of Wilderness Study Areas.-- - (1) Finding.--Congress finds that, for purposes of section - 603 of the Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1782), any portion of a wilderness study area described - in paragraph (2) that is not designated as a wilderness area or - a wilderness addition by this subtitle (including an amendment + (1) Finding.--Congress finds that, for purposes of section 603 + of the Federal Land Policy and Management Act of 1976 (43 U.S.C. + 1782), any portion of a wilderness study area described in + paragraph (2) that is not designated as a wilderness area or a + wilderness addition by this subtitle (including an amendment made + by this subtitle) or any other Act enacted before the date of + enactment of this Act has been adequately studied for wilderness + designation. + (2) Description of study areas.--The study areas referred to in + subsection (a) are-- + (A) the Cady Mountains Wilderness Study Area; + (B) the Soda Mountains Wilderness Study Area; + (C) the Kingston Range Wilderness Study Area; + (D) the Avawatz Mountain Wilderness Study Area; + (E) the Death Valley 17 Wilderness Study Area; and + (F) the Great Falls Basin Wilderness Study Area. + (3) Release.--The following are no longer subject to section + 603(c) of the Federal Land Policy and Management Act of 1976 (43 + U.S.C. 1782(c)): + (A) Any portion of a wilderness study area described in + paragraph (2) that is not designated as a wilderness area or a + wilderness addition by this subtitle (including an amendment made by this subtitle) or any other Act enacted before the date - of enactment of this Act has been adequately studied for - wilderness designation. - (2) Description of study areas.--The study areas referred - to in subsection (a) are-- - (A) the Cady Mountains Wilderness Study Area; - (B) the Soda Mountains Wilderness Study Area; - (C) the Kingston Range Wilderness Study Area; - (D) the Avawatz Mountain Wilderness Study Area; - (E) the Death Valley 17 Wilderness Study Area; and - (F) the Great Falls Basin Wilderness Study Area. - (3) Release.--The following are no longer subject to - section 603(c) of the Federal Land Policy and Management Act of - 1976 (43 U.S.C. 1782(c)): - (A) Any portion of a wilderness study area - described in paragraph (2) that is not designated as a - wilderness area or a wilderness addition by this - subtitle (including an amendment made by this subtitle) - or any other Act enacted before the date of enactment - of this Act. - (B) Any portion of a wilderness study area - described in paragraph (2) that is not transferred to - the administrative jurisdiction of the National Park - Service for inclusion in a unit of the National Park - System by this subtitle (including an amendment made by - this subtitle) or any other Act enacted before the date - of enactment of this Act. + of enactment of this Act. + (B) Any portion of a wilderness study area described in + paragraph (2) that is not transferred to the administrative + jurisdiction of the National Park Service for inclusion in a + unit of the National Park System by this subtitle (including an + amendment made by this subtitle) or any other Act enacted + before the date of enactment of this Act. PART II--DESIGNATION OF SPECIAL MANAGEMENT AREA SEC. 1421. VINAGRE WASH SPECIAL MANAGEMENT AREA. - Title I of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108 Stat. 4472) is amended by adding at the end the following: - -``SEC. 109. VINAGRE WASH SPECIAL MANAGEMENT AREA. - + ``SEC. 109. VINAGRE WASH SPECIAL MANAGEMENT AREA. ``(a) Definitions.--In this section: - ``(1) Management area.--The term `Management Area' means - the Vinagre Wash Special Management Area established by - subsection (b). - ``(2) Map.--The term `map' means the map entitled `Proposed - Vinagre Wash Special Management Area and Proposed Wilderness' - and dated December 4, 2018. - ``(3) Public land.--The term `public land' has the meaning - given the term `public lands' in section 103 of the Federal - Land Policy and Management Act of 1976 (43 U.S.C. 1702). - ``(4) State.--The term `State' means the State of - California. + ``(1) Management area.--The term `Management Area' means the + Vinagre Wash Special Management Area established by subsection (b). + ``(2) Map.--The term `map' means the map entitled `Proposed + Vinagre Wash Special Management Area and Proposed Wilderness' and + dated December 4, 2018. + ``(3) Public land.--The term `public land' has the meaning + given the term `public lands' in section 103 of the Federal Land + Policy and Management Act of 1976 (43 U.S.C. 1702). + ``(4) State.--The term `State' means the State of California. ``(b) Establishment.--There is established the Vinagre Wash Special Management Area in the State, to be managed by the Secretary. ``(c) Purpose.--The purpose of the Management Area is to conserve, protect, and enhance-- - ``(1) the plant and wildlife values of the Management Area; - and - ``(2) the outstanding and nationally significant - ecological, geological, scenic, recreational, archaeological, - cultural, historic, and other resources of the Management Area. + ``(1) the plant and wildlife values of the Management Area; and + ``(2) the outstanding and nationally significant ecological, + geological, scenic, recreational, archaeological, cultural, + historic, and other resources of the Management Area. ``(d) Boundaries.--The Management Area shall consist of the public land in Imperial County, California, comprising approximately 81,880 acres, as generally depicted on the map as `Proposed Special Management Area'. ``(e) Map; Legal Description.-- - ``(1) In general.--As soon as practicable, but not later - than 3 years, after the date of enactment of this section, the - Secretary shall submit a map and legal description of the - Management Area to-- - ``(A) the Committee on Natural Resources of the - House of Representatives; and - ``(B) the Committee on Energy and Natural Resources - of the Senate. - ``(2) Effect.--The map and legal description submitted - under paragraph (1) shall have the same force and effect as if - included in this section, except that the Secretary may correct - any errors in the map and legal description. - ``(3) Availability.--Copies of the map submitted under - paragraph (1) shall be on file and available for public - inspection in the appropriate offices of the Bureau of Land - Management. + ``(1) In general.--As soon as practicable, but not later than 3 + years, after the date of enactment of this section, the Secretary + shall submit a map and legal description of the Management Area + to-- + ``(A) the Committee on Natural Resources of the House of + Representatives; and + ``(B) the Committee on Energy and Natural Resources of the + Senate. + ``(2) Effect.--The map and legal description submitted under + paragraph (1) shall have the same force and effect as if included + in this section, except that the Secretary may correct any errors + in the map and legal description. + ``(3) Availability.--Copies of the map submitted under + paragraph (1) shall be on file and available for public inspection + in the appropriate offices of the Bureau of Land Management. ``(f) Management.-- - ``(1) In general.--The Secretary shall manage the - Management Area-- - ``(A) in a manner that conserves, protects, and - enhances the purposes for which the Management Area is - established; and - ``(B) in accordance with-- - ``(i) this section; - ``(ii) the Federal Land Policy and - Management Act of 1976 (43 U.S.C. 1701 et - seq.); and - ``(iii) other applicable laws. - ``(2) Uses.--The Secretary shall allow only those uses that - are consistent with the purposes of the Management Area, - including hiking, camping, hunting, and sightseeing and the use - of motorized vehicles, mountain bikes, and horses on designated - routes in the Management Area in a manner that-- - ``(A) is consistent with the purpose of the - Management Area described in subsection (c); - ``(B) ensures public health and safety; and - ``(C) is consistent with all applicable laws - (including regulations), including the Desert Renewable - Energy Conservation Plan. - ``(3) Off-highway vehicle use.-- - ``(A) In general.--Subject to subparagraphs (B) and - (C) and all other applicable laws, the use of off- - highway vehicles shall be permitted on routes in the - Management Area as generally depicted on the map. - ``(B) Closure.--The Secretary may close or - permanently reroute a portion of a route described in - subparagraph (A)-- - ``(i) to prevent, or allow for restoration - of, resource damage; - ``(ii) to protect Tribal cultural - resources, including the resources identified - in the Tribal cultural resources management - plan developed under section 705(d); - ``(iii) to address public safety concerns; - or - ``(iv) as otherwise required by law. - ``(C) Designation of additional routes.--During the - 3-year period beginning on the date of enactment of - this section, the Secretary-- - ``(i) shall accept petitions from the - public regarding additional routes for off- - highway vehicles; and - ``(ii) may designate additional routes that - the Secretary determines-- - ``(I) would provide significant or - unique recreational opportunities; and - ``(II) are consistent with the - purposes of the Management Area. - ``(4) Withdrawal.--Subject to valid existing rights, all - Federal land within the Management Area is withdrawn from-- - ``(A) all forms of entry, appropriation, or - disposal under the public land laws; - ``(B) location, entry, and patent under the mining - laws; and - ``(C) right-of-way, leasing, or disposition under - all laws relating to-- - ``(i) minerals and mineral materials; or - ``(ii) solar, wind, and geothermal energy. - ``(5) No buffer zone.--The establishment of the Management - Area shall not-- - ``(A) create a protective perimeter or buffer zone - around the Management Area; or - ``(B) preclude uses or activities outside the - Management Area that are permitted under other - applicable laws, even if the uses or activities are - prohibited within the Management Area. - ``(6) Notice of available routes.--The Secretary shall - ensure that visitors to the Management Area have access to - adequate notice relating to the availability of designated - routes in the Management Area through-- - ``(A) the placement of appropriate signage along - the designated routes; - ``(B) the distribution of maps, safety education - materials, and other information that the Secretary - determines to be appropriate; and - ``(C) restoration of areas that are not designated - as open routes, including vertical mulching. - ``(7) Stewardship.--The Secretary, in consultation with - Indian Tribes and other interests, shall develop a program to - provide opportunities for monitoring and stewardship of the - Management Area to minimize environmental impacts and prevent - resource damage from recreational use, including volunteer - assistance with-- - ``(A) route signage; - ``(B) restoration of closed routes; - ``(C) protection of Management Area resources; and - ``(D) recreation education. - ``(8) Protection of tribal cultural resources.--Not later - than 2 years after the date of enactment of this section, the - Secretary, in accordance with chapter 2003 of title 54, United - States Code, and any other applicable law, shall-- - ``(A) prepare and complete a Tribal cultural - resources survey of the Management Area; and - ``(B) consult with the Quechan Indian Nation and - other Indian Tribes demonstrating ancestral, cultural, - or other ties to the resources within the Management - Area on the development and implementation of the - Tribal cultural resources survey under subparagraph - (A). - ``(9) Military use.--The Secretary may authorize use of the - non-wilderness portion of the Management Area by the Secretary - of the Navy for Naval Special Warfare Tactical Training, - including long-range small unit training and navigation, - vehicle concealment, and vehicle sustainment training, - consistent with this section and other applicable laws.''. + ``(1) In general.--The Secretary shall manage the Management + Area-- + ``(A) in a manner that conserves, protects, and enhances + the purposes for which the Management Area is established; and + ``(B) in accordance with-- + ``(i) this section; + ``(ii) the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1701 et seq.); and + ``(iii) other applicable laws. + ``(2) Uses.--The Secretary shall allow only those uses that are + consistent with the purposes of the Management Area, including + hiking, camping, hunting, and sightseeing and the use of motorized + vehicles, mountain bikes, and horses on designated routes in the + Management Area in a manner that-- + ``(A) is consistent with the purpose of the Management Area + described in subsection (c); + ``(B) ensures public health and safety; and + ``(C) is consistent with all applicable laws (including + regulations), including the Desert Renewable Energy + Conservation Plan. + ``(3) Off-highway vehicle use.-- + ``(A) In general.--Subject to subparagraphs (B) and (C) and + all other applicable laws, the use of off-highway vehicles + shall be permitted on routes in the Management Area as + generally depicted on the map. + ``(B) Closure.--The Secretary may close or permanently + reroute a portion of a route described in subparagraph (A)-- + ``(i) to prevent, or allow for restoration of, resource + damage; + ``(ii) to protect Tribal cultural resources, including + the resources identified in the Tribal cultural resources + management plan developed under section 705(d); + ``(iii) to address public safety concerns; or + ``(iv) as otherwise required by law. + ``(C) Designation of additional routes.--During the 3-year + period beginning on the date of enactment of this section, the + Secretary-- + ``(i) shall accept petitions from the public regarding + additional routes for off-highway vehicles; and + ``(ii) may designate additional routes that the + Secretary determines-- + + ``(I) would provide significant or unique + recreational opportunities; and + ``(II) are consistent with the purposes of the + Management Area. + + ``(4) Withdrawal.--Subject to valid existing rights, all + Federal land within the Management Area is withdrawn from-- + ``(A) all forms of entry, appropriation, or disposal under + the public land laws; + ``(B) location, entry, and patent under the mining laws; + and + ``(C) right-of-way, leasing, or disposition under all laws + relating to-- + ``(i) minerals and mineral materials; or + ``(ii) solar, wind, and geothermal energy. + ``(5) No buffer zone.--The establishment of the Management Area + shall not-- + ``(A) create a protective perimeter or buffer zone around + the Management Area; or + ``(B) preclude uses or activities outside the Management + Area that are permitted under other applicable laws, even if + the uses or activities are prohibited within the Management + Area. + ``(6) Notice of available routes.--The Secretary shall ensure + that visitors to the Management Area have access to adequate notice + relating to the availability of designated routes in the Management + Area through-- + ``(A) the placement of appropriate signage along the + designated routes; + ``(B) the distribution of maps, safety education materials, + and other information that the Secretary determines to be + appropriate; and + ``(C) restoration of areas that are not designated as open + routes, including vertical mulching. + ``(7) Stewardship.--The Secretary, in consultation with Indian + Tribes and other interests, shall develop a program to provide + opportunities for monitoring and stewardship of the Management Area + to minimize environmental impacts and prevent resource damage from + recreational use, including volunteer assistance with-- + ``(A) route signage; + ``(B) restoration of closed routes; + ``(C) protection of Management Area resources; and + ``(D) recreation education. + ``(8) Protection of tribal cultural resources.--Not later than + 2 years after the date of enactment of this section, the Secretary, + in accordance with chapter 2003 of title 54, United States Code, + and any other applicable law, shall-- + ``(A) prepare and complete a Tribal cultural resources + survey of the Management Area; and + ``(B) consult with the Quechan Indian Nation and other + Indian Tribes demonstrating ancestral, cultural, or other ties + to the resources within the Management Area on the development + and implementation of the Tribal cultural resources survey + under subparagraph (A). + ``(9) Military use.--The Secretary may authorize use of the + non-wilderness portion of the Management Area by the Secretary of + the Navy for Naval Special Warfare Tactical Training, including + long-range small unit training and navigation, vehicle concealment, + and vehicle sustainment training, consistent with this section and + other applicable laws.''. PART III--NATIONAL PARK SYSTEM ADDITIONS SEC. 1431. DEATH VALLEY NATIONAL PARK BOUNDARY REVISION. - (a) In General.--The boundary of Death Valley National Park is adjusted to include-- - (1) the approximately 28,923 acres of Bureau of Land - Management land in San Bernardino County, California, abutting - the southern end of the Death Valley National Park that lies - between Death Valley National Park to the north and Ft. Irwin - Military Reservation to the south and which runs approximately - 34 miles from west to east, as depicted on the map entitled - ``Death Valley National Park Proposed Boundary Addition-Bowling - Alley'', numbered 143/128,605A, and dated November 1, 2018; and - (2) the approximately 6,369 acres of Bureau of Land - Management land in Inyo County, California, located in the - northeast area of Death Valley National Park that is within, - and surrounded by, land under the jurisdiction of the Director - of the National Park Service, as depicted on the map entitled - ``Death Valley National Park Proposed Boundary Addition- - Crater'', numbered 143/100,079D, and dated November 1, 2018. + (1) the approximately 28,923 acres of Bureau of Land Management + land in San Bernardino County, California, abutting the southern + end of the Death Valley National Park that lies between Death + Valley National Park to the north and Ft. Irwin Military + Reservation to the south and which runs approximately 34 miles from + west to east, as depicted on the map entitled ``Death Valley + National Park Proposed Boundary Addition-Bowling Alley'', numbered + 143/128,605A, and dated November 1, 2018; and + (2) the approximately 6,369 acres of Bureau of Land Management + land in Inyo County, California, located in the northeast area of + Death Valley National Park that is within, and surrounded by, land + under the jurisdiction of the Director of the National Park + Service, as depicted on the map entitled ``Death Valley National + Park Proposed Boundary Addition-Crater'', numbered 143/100,079D, + and dated November 1, 2018. (b) Availability of Map.--The maps described in paragraphs (1) and (2) of subsection (a) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Administration.--The Secretary-- - (1) shall administer any land added to Death Valley - National Park under subsection (a)-- - (A) as part of Death Valley National Park; and - (B) in accordance with applicable laws (including - regulations); and - (2) may enter into a memorandum of understanding with Inyo - County, California, to permit operationally feasible, ongoing - access to and use (including material storage and excavation) - of existing gravel pits along Saline Valley Road within Death - Valley National Park for road maintenance and repairs in - accordance with applicable laws (including regulations). + (1) shall administer any land added to Death Valley National + Park under subsection (a)-- + (A) as part of Death Valley National Park; and + (B) in accordance with applicable laws (including + regulations); and + (2) may enter into a memorandum of understanding with Inyo + County, California, to permit operationally feasible, ongoing + access to and use (including material storage and excavation) of + existing gravel pits along Saline Valley Road within Death Valley + National Park for road maintenance and repairs in accordance with + applicable laws (including regulations). (d) Mormon Peak Microwave Facility.--Title VI of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108 Stat. 4496) is amended by adding at the end the following: - -``SEC. 604. MORMON PEAK MICROWAVE FACILITY. - + ``SEC. 604. MORMON PEAK MICROWAVE FACILITY. ``The designation of the Death Valley National Park Wilderness by section 601(a)(1) shall not preclude the operation and maintenance of the Mormon Peak Microwave Facility.''. - SEC. 1432. MOJAVE NATIONAL PRESERVE. - The boundary of the Mojave National Preserve is adjusted to include the 25 acres of Bureau of Land Management land in Baker, California, as depicted on the map entitled ``Mojave National Preserve Proposed Boundary Addition'', numbered 170/100,199A, and dated November 1, 2018. - SEC. 1433. JOSHUA TREE NATIONAL PARK. - (a) Boundary Adjustment.--The boundary of the Joshua Tree National Park is adjusted to include-- - (1) the approximately 2,879 acres of land managed by the - Bureau of Land Management that are depicted as ``BLM Proposed - Boundary Addition'' on the map entitled ``Joshua Tree National - Park Proposed Boundary Additions'', numbered 156/149,375, and - dated November 1, 2018; and - (2) the approximately 1,639 acres of land that are depicted - as ``MDLT Proposed Boundary Addition'' on the map entitled - ``Joshua Tree National Park Proposed Boundary Additions'', - numbered 156/149,375, and dated November 1, 2018. + (1) the approximately 2,879 acres of land managed by the Bureau + of Land Management that are depicted as ``BLM Proposed Boundary + Addition'' on the map entitled ``Joshua Tree National Park Proposed + Boundary Additions'', numbered 156/149,375, and dated November 1, + 2018; and + (2) the approximately 1,639 acres of land that are depicted as + ``MDLT Proposed Boundary Addition'' on the map entitled ``Joshua + Tree National Park Proposed Boundary Additions'', numbered 156/ + 149,375, and dated November 1, 2018. (b) Availability of Maps.--The map described in subsection (a) and the map depicting the 25 acres described in subsection (c)(2) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Administration.-- - (1) In general.--The Secretary shall administer any land - added to the Joshua Tree National Park under subsection (a) and - the additional land described in paragraph (2)-- - (A) as part of Joshua Tree National Park; and - (B) in accordance with applicable laws (including - regulations). - (2) Description of additional land.--The additional land - referred to in paragraph (1) is the 25 acres of land-- - (A) depicted on the map entitled ``Joshua Tree - National Park Boundary Adjustment Map'', numbered 156/ - 80,049, and dated April 1, 2003; - (B) added to Joshua Tree National Park by the - notice of the Department of the Interior of August 28, - 2003 (68 Fed. Reg. 51799); and - (C) more particularly described as lots 26, 27, 28, - 33, and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino - Meridian. + (1) In general.--The Secretary shall administer any land added + to the Joshua Tree National Park under subsection (a) and the + additional land described in paragraph (2)-- + (A) as part of Joshua Tree National Park; and + (B) in accordance with applicable laws (including + regulations). + (2) Description of additional land.--The additional land + referred to in paragraph (1) is the 25 acres of land-- + (A) depicted on the map entitled ``Joshua Tree National + Park Boundary Adjustment Map'', numbered 156/80,049, and dated + April 1, 2003; + (B) added to Joshua Tree National Park by the notice of the + Department of the Interior of August 28, 2003 (68 Fed. Reg. + 51799); and + (C) more particularly described as lots 26, 27, 28, 33, and + 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino Meridian. (d) Southern California Edison Company Energy Transport Facilities and Rights-of-way.-- - (1) In general.--Nothing in this section affects any valid - right-of-way for the customary operation, maintenance, upgrade, - repair, relocation within an existing right-of-way, - replacement, or other authorized energy transport facility - activities in a right-of-way issued, granted, or permitted to - the Southern California Edison Company or the successors or - assigns of the Southern California Edison Company that is - located on land described in paragraphs (1) and (2) of - subsection (a), including, at a minimum, the use of mechanized - vehicles, helicopters, or other aerial devices. - (2) Upgrades and replacements.--Nothing in this section - prohibits the upgrading or replacement of-- - (A) Southern California Edison Company energy - transport facilities, including the energy transport - facilities referred to as the Jellystone, Burnt - Mountain, Whitehorn, Allegra, and Utah distribution - circuits rights-of-way; or - (B) an energy transport facility in rights-of-way - issued, granted, or permitted by the Secretary adjacent - to Southern California Edison Joshua Tree Utility - Facilities. - (3) Publication of plans.--Not later than the date that is - 1 year after the date of enactment of this Act or the issuance - of a new energy transport facility right-of-way within the - Joshua Tree National Park, whichever is earlier, the Secretary, - in consultation with the Southern California Edison Company, - shall publish plans for regular and emergency access by the - Southern California Edison Company to the rights-of-way of the - Southern California Edison Company within Joshua Tree National - Park. + (1) In general.--Nothing in this section affects any valid + right-of-way for the customary operation, maintenance, upgrade, + repair, relocation within an existing right-of-way, replacement, or + other authorized energy transport facility activities in a right- + of-way issued, granted, or permitted to the Southern California + Edison Company or the successors or assigns of the Southern + California Edison Company that is located on land described in + paragraphs (1) and (2) of subsection (a), including, at a minimum, + the use of mechanized vehicles, helicopters, or other aerial + devices. + (2) Upgrades and replacements.--Nothing in this section + prohibits the upgrading or replacement of-- + (A) Southern California Edison Company energy transport + facilities, including the energy transport facilities referred + to as the Jellystone, Burnt Mountain, Whitehorn, Allegra, and + Utah distribution circuits rights-of-way; or + (B) an energy transport facility in rights-of-way issued, + granted, or permitted by the Secretary adjacent to Southern + California Edison Joshua Tree Utility Facilities. + (3) Publication of plans.--Not later than the date that is 1 + year after the date of enactment of this Act or the issuance of a + new energy transport facility right-of-way within the Joshua Tree + National Park, whichever is earlier, the Secretary, in consultation + with the Southern California Edison Company, shall publish plans + for regular and emergency access by the Southern California Edison + Company to the rights-of-way of the Southern California Edison + Company within Joshua Tree National Park. (e) Visitor Center.--Title IV of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa-21 et seq.) is amended by adding at the end the following: - -``SEC. 408. VISITOR CENTER. - + ``SEC. 408. VISITOR CENTER. ``(a) In General.--The Secretary may acquire not more than 5 acres of land and interests in land, and improvements on the land and interests, outside the boundaries of the park, in the unincorporated @@ -7271,78 +6625,74 @@ park to include the land acquired under this section as a noncontiguous parcel. ``(c) Administration.--Land and facilities acquired under this section-- - ``(1) may include the property owned (as of the date of - enactment of this section) by the Joshua Tree National Park - Association and commonly referred to as the `Joshua Tree - National Park Visitor Center'; - ``(2) shall be administered by the Secretary as part of the - park; and - ``(3) may be acquired only with the consent of the owner, - by donation, purchase with donated or appropriated funds, or - exchange.''. + ``(1) may include the property owned (as of the date of + enactment of this section) by the Joshua Tree National Park + Association and commonly referred to as the `Joshua Tree National + Park Visitor Center'; + ``(2) shall be administered by the Secretary as part of the + park; and + ``(3) may be acquired only with the consent of the owner, by + donation, purchase with donated or appropriated funds, or + exchange.''. PART IV--OFF-HIGHWAY VEHICLE RECREATION AREAS SEC. 1441. OFF-HIGHWAY VEHICLE RECREATION AREAS. - Public Law 103-433 is amended by inserting after title XII (16 U.S.C. 410bbb et seq.) the following: ``TITLE XIII--OFF-HIGHWAY VEHICLE RECREATION AREAS ``SEC. 1301. DESIGNATION OF OFF-HIGHWAY VEHICLE RECREATION AREAS. - ``(a) In General.-- - ``(1) Designation.--In accordance with the Federal Land - Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and - resource management plans developed under this title and - subject to valid rights, the following land within the - Conservation Area in San Bernardino County, California, is - designated as Off-Highway Vehicle Recreation Areas: - ``(A) Dumont dunes off-highway vehicle recreation - area.--Certain Bureau of Land Management land in the - Conservation Area, comprising approximately 7,620 - acres, as generally depicted on the map entitled - `Proposed Dumont Dunes OHV Recreation Area' and dated - November 7, 2018, which shall be known as the `Dumont - Dunes Off-Highway Vehicle Recreation Area'. - ``(B) El mirage off-highway vehicle recreation - area.--Certain Bureau of Land Management land in the - Conservation Area, comprising approximately 16,370 - acres, as generally depicted on the map entitled - `Proposed El Mirage OHV Recreation Area' and dated - December 10, 2018, which shall be known as the `El - Mirage Off-Highway Vehicle Recreation Area'. - ``(C) Rasor off-highway vehicle recreation area.-- - Certain Bureau of Land Management land in the - Conservation Area, comprising approximately 23,900 - acres, as generally depicted on the map entitled - `Proposed Rasor OHV Recreation Area' and dated November - 7, 2018, which shall be known as the `Rasor Off-Highway - Vehicle Recreation Area'. - ``(D) Spangler hills off-highway vehicle recreation - area.--Certain Bureau of Land Management land in the - Conservation Area, comprising approximately 92,340 - acres, as generally depicted on the map entitled - `Proposed Spangler Hills OHV Recreation Area' and dated - December 10, 2018, which shall be known as the - `Spangler Hills Off-Highway Vehicle Recreation Area'. - ``(E) Stoddard valley off-highway vehicle - recreation area.--Certain Bureau of Land Management - land in the Conservation Area, comprising approximately - 40,110 acres, as generally depicted on the map entitled - `Proposed Stoddard Valley OHV Recreation Area' and - dated November 7, 2018, which shall be known as the - `Stoddard Valley Off-Highway Vehicle Recreation Area'. - ``(2) Expansion of johnson valley off-highway vehicle - recreation area.--The Johnson Valley Off-Highway Vehicle - Recreation Area designated by section 2945 of the Military - Construction Authorization Act for Fiscal Year 2014 (division B - of Public Law 113-66; 127 Stat. 1038) is expanded to include - approximately 20,240 acres, depicted as `Proposed OHV - Recreation Area Additions' and `Proposed OHV Recreation Area - Study Areas' on the map entitled `Proposed Johnson Valley OHV - Recreation Area' and dated November 7, 2018. + ``(1) Designation.--In accordance with the Federal Land Policy + and Management Act of 1976 (43 U.S.C. 1701 et seq.) and resource + management plans developed under this title and subject to valid + rights, the following land within the Conservation Area in San + Bernardino County, California, is designated as Off-Highway Vehicle + Recreation Areas: + ``(A) Dumont dunes off-highway vehicle recreation area.-- + Certain Bureau of Land Management land in the Conservation + Area, comprising approximately 7,620 acres, as generally + depicted on the map entitled `Proposed Dumont Dunes OHV + Recreation Area' and dated November 7, 2018, which shall be + known as the `Dumont Dunes Off-Highway Vehicle Recreation + Area'. + ``(B) El mirage off-highway vehicle recreation area.-- + Certain Bureau of Land Management land in the Conservation + Area, comprising approximately 16,370 acres, as generally + depicted on the map entitled `Proposed El Mirage OHV Recreation + Area' and dated December 10, 2018, which shall be known as the + `El Mirage Off-Highway Vehicle Recreation Area'. + ``(C) Rasor off-highway vehicle recreation area.--Certain + Bureau of Land Management land in the Conservation Area, + comprising approximately 23,900 acres, as generally depicted on + the map entitled `Proposed Rasor OHV Recreation Area' and dated + November 7, 2018, which shall be known as the `Rasor Off- + Highway Vehicle Recreation Area'. + ``(D) Spangler hills off-highway vehicle recreation area.-- + Certain Bureau of Land Management land in the Conservation + Area, comprising approximately 92,340 acres, as generally + depicted on the map entitled `Proposed Spangler Hills OHV + Recreation Area' and dated December 10, 2018, which shall be + known as the `Spangler Hills Off-Highway Vehicle Recreation + Area'. + ``(E) Stoddard valley off-highway vehicle recreation + area.--Certain Bureau of Land Management land in the + Conservation Area, comprising approximately 40,110 acres, as + generally depicted on the map entitled `Proposed Stoddard + Valley OHV Recreation Area' and dated November 7, 2018, which + shall be known as the `Stoddard Valley Off-Highway Vehicle + Recreation Area'. + ``(2) Expansion of johnson valley off-highway vehicle + recreation area.--The Johnson Valley Off-Highway Vehicle Recreation + Area designated by section 2945 of the Military Construction + Authorization Act for Fiscal Year 2014 (division B of Public Law + 113-66; 127 Stat. 1038) is expanded to include approximately 20,240 + acres, depicted as `Proposed OHV Recreation Area Additions' and + `Proposed OHV Recreation Area Study Areas' on the map entitled + `Proposed Johnson Valley OHV Recreation Area' and dated November 7, + 2018. ``(b) Purpose.--The purpose of the off-highway vehicle recreation areas designated or expanded under subsection (a) is to preserve and enhance the recreational opportunities within the Conservation Area @@ -7350,229 +6700,207 @@ enhance the recreational opportunities within the Conservation Area conserving the wildlife and other natural resource values of the Conservation Area. ``(c) Maps and Descriptions.-- - ``(1) Preparation and submission.--As soon as practicable - after the date of enactment of this title, the Secretary shall - file a map and legal description of each off-highway vehicle - recreation area designated or expanded by subsection (a) with-- - ``(A) the Committee on Natural Resources of the - House of Representatives; and - ``(B) the Committee on Energy and Natural Resources - of the Senate. - ``(2) Legal effect.--The map and legal descriptions of the - off-highway vehicle recreation areas filed under paragraph (1) - shall have the same force and effect as if included in this - title, except that the Secretary may correct errors in the map - and legal descriptions. - ``(3) Public availability.--Each map and legal description - filed under paragraph (1) shall be filed and made available for - public inspection in the appropriate offices of the Bureau of - Land Management. + ``(1) Preparation and submission.--As soon as practicable after + the date of enactment of this title, the Secretary shall file a map + and legal description of each off-highway vehicle recreation area + designated or expanded by subsection (a) with-- + ``(A) the Committee on Natural Resources of the House of + Representatives; and + ``(B) the Committee on Energy and Natural Resources of the + Senate. + ``(2) Legal effect.--The map and legal descriptions of the off- + highway vehicle recreation areas filed under paragraph (1) shall + have the same force and effect as if included in this title, except + that the Secretary may correct errors in the map and legal + descriptions. + ``(3) Public availability.--Each map and legal description + filed under paragraph (1) shall be filed and made available for + public inspection in the appropriate offices of the Bureau of Land + Management. ``(d) Use of the Land.-- - ``(1) Recreational activities.-- - ``(A) In general.--The Secretary shall continue to - authorize, maintain, and enhance the recreational uses - of the off-highway vehicle recreation areas designated - or expanded by subsection (a), as long as the - recreational use is consistent with this section and - any other applicable law. - ``(B) Off-highway vehicle and off-highway - recreation.--To the extent consistent with applicable - Federal law (including regulations) and this section, - any authorized recreation activities and use - designations in effect on the date of enactment of this - title and applicable to the off-highway vehicle - recreation areas designated or expanded by subsection - (a) shall continue, including casual off-highway - vehicular use, racing, competitive events, rock - crawling, training, and other forms of off-highway - recreation. - ``(2) Wildlife guzzlers.--Wildlife guzzlers shall be - allowed in the off-highway vehicle recreation areas designated - or expanded by subsection (a) in accordance with-- - ``(A) applicable Bureau of Land Management - guidelines; and - ``(B) State law. - ``(3) Prohibited uses.-- - ``(A) In general.--Except as provided in - subparagraph (B), commercial development (including - development of energy facilities, but excluding energy - transport facilities, rights-of-way, and related - telecommunication facilities) shall be prohibited in - the off-highway vehicle recreation areas designated or - expanded by subsection (a) if the Secretary determines - that the development is incompatible with the purpose - described in subsection (b). - ``(B) Exception.--The Secretary may issue a - temporary permit to a commercial vendor to provide - accessories and other support for off-highway vehicle - use in an off-highway vehicle recreation area - designated or expanded by subsection (a) for a limited - period and consistent with the purposes of the off- - highway vehicle recreation area and applicable laws. + ``(1) Recreational activities.-- + ``(A) In general.--The Secretary shall continue to + authorize, maintain, and enhance the recreational uses of the + off-highway vehicle recreation areas designated or expanded by + subsection (a), as long as the recreational use is consistent + with this section and any other applicable law. + ``(B) Off-highway vehicle and off-highway recreation.--To + the extent consistent with applicable Federal law (including + regulations) and this section, any authorized recreation + activities and use designations in effect on the date of + enactment of this title and applicable to the off-highway + vehicle recreation areas designated or expanded by subsection + (a) shall continue, including casual off-highway vehicular use, + racing, competitive events, rock crawling, training, and other + forms of off-highway recreation. + ``(2) Wildlife guzzlers.--Wildlife guzzlers shall be allowed in + the off-highway vehicle recreation areas designated or expanded by + subsection (a) in accordance with-- + ``(A) applicable Bureau of Land Management guidelines; and + ``(B) State law. + ``(3) Prohibited uses.-- + ``(A) In general.--Except as provided in subparagraph (B), + commercial development (including development of energy + facilities, but excluding energy transport facilities, rights- + of-way, and related telecommunication facilities) shall be + prohibited in the off-highway vehicle recreation areas + designated or expanded by subsection (a) if the Secretary + determines that the development is incompatible with the + purpose described in subsection (b). + ``(B) Exception.--The Secretary may issue a temporary + permit to a commercial vendor to provide accessories and other + support for off-highway vehicle use in an off-highway vehicle + recreation area designated or expanded by subsection (a) for a + limited period and consistent with the purposes of the off- + highway vehicle recreation area and applicable laws. ``(e) Administration.-- - ``(1) In general.--The Secretary shall administer the off- - highway vehicle recreation areas designated or expanded by - subsection (a) in accordance with-- - ``(A) this title; - ``(B) the Federal Land Policy and Management Act of - 1976 (43 U.S.C. 1701 et seq.); and - ``(C) any other applicable laws (including - regulations). - ``(2) Management plan.-- - ``(A) In general.--As soon as practicable, but not - later than 3 years after the date of enactment of this - title, the Secretary shall-- - ``(i) amend existing resource management - plans applicable to the off-highway vehicle - recreation areas designated or expanded by - subsection (a); or - ``(ii) develop new management plans for - each off-highway vehicle recreation area - designated or expanded under that subsection. - ``(B) Requirements.--All new or amended plans under - subparagraph (A) shall be designed to preserve and - enhance safe off-highway vehicle and other recreational - opportunities within the applicable recreation area - consistent with-- - ``(i) the purpose described in subsection - (b); and - ``(ii) any applicable laws (including - regulations). - ``(C) Interim plans.--Pending completion of a new - management plan under subparagraph (A), the existing - resource management plans shall govern the use of the - applicable off-highway vehicle recreation area. + ``(1) In general.--The Secretary shall administer the off- + highway vehicle recreation areas designated or expanded by + subsection (a) in accordance with-- + ``(A) this title; + ``(B) the Federal Land Policy and Management Act of 1976 + (43 U.S.C. 1701 et seq.); and + ``(C) any other applicable laws (including regulations). + ``(2) Management plan.-- + ``(A) In general.--As soon as practicable, but not later + than 3 years after the date of enactment of this title, the + Secretary shall-- + ``(i) amend existing resource management plans + applicable to the off-highway vehicle recreation areas + designated or expanded by subsection (a); or + ``(ii) develop new management plans for each off- + highway vehicle recreation area designated or expanded + under that subsection. + ``(B) Requirements.--All new or amended plans under + subparagraph (A) shall be designed to preserve and enhance safe + off-highway vehicle and other recreational opportunities within + the applicable recreation area consistent with-- + ``(i) the purpose described in subsection (b); and + ``(ii) any applicable laws (including regulations). + ``(C) Interim plans.--Pending completion of a new + management plan under subparagraph (A), the existing resource + management plans shall govern the use of the applicable off- + highway vehicle recreation area. ``(f) Withdrawal.--Subject to valid existing rights, all Federal land within the off-highway vehicle recreation areas designated or expanded by subsection (a) is withdrawn from-- - ``(1) all forms of entry, appropriation, or disposal under - the public land laws; - ``(2) location, entry, and patent under the mining laws; - and - ``(3) right-of-way, leasing, or disposition under all laws - relating to mineral leasing, geothermal leasing, or mineral - materials. + ``(1) all forms of entry, appropriation, or disposal under the + public land laws; + ``(2) location, entry, and patent under the mining laws; and + ``(3) right-of-way, leasing, or disposition under all laws + relating to mineral leasing, geothermal leasing, or mineral + materials. ``(g) Southern California Edison Company Utility Facilities and Rights-of-way.-- - ``(1) Effect of title.--Nothing in this title-- - ``(A) affects any validly issued right-of-way for - the customary operation, maintenance, upgrade, repair, - relocation within an existing right-of-way, - replacement, or other authorized energy transport - facility activities (including the use of any - mechanized vehicle, helicopter, and other aerial - device) in a right-of-way acquired by or issued, - granted, or permitted to Southern California Edison - Company (including any successor in interest or assign) - that is located on land included in-- - ``(i) the El Mirage Off-Highway Vehicle - Recreation Area; - ``(ii) the Spangler Hills Off-Highway - Vehicle Recreation Area; - ``(iii) the Stoddard Valley Off-Highway - Vehicle Recreation Area; or - ``(iv) the Johnson Valley Off-Highway - Vehicle Recreation Area; - ``(B) affects the application, siting, route - selection, right-of-way acquisition, or construction of - the Coolwater-Lugo transmission project, as may be - approved by the California Public Utilities Commission - and the Bureau of Land Management; or - ``(C) prohibits the upgrading or replacement of any - Southern California Edison Company-- - ``(i) utility facility, including such a - utility facility known on the date of enactment - of this title as-- - ``(I) `Gale-PS 512 transmission - lines or rights-of-way'; - ``(II) `Patio, Jack Ranch, and - Kenworth distribution circuits or - rights-of-way'; or - ``(III) `Bessemer and Peacor - distribution circuits or rights-of- - way'; or - ``(ii) energy transport facility in a - right-of-way issued, granted, or permitted by - the Secretary adjacent to a utility facility - referred to in clause (i). - ``(2) Plans for access.--The Secretary, in consultation - with the Southern California Edison Company, shall publish - plans for regular and emergency access by the Southern - California Edison Company to the rights-of-way of the Company - by the date that is 1 year after the later of-- - ``(A) the date of enactment of this title; and - ``(B) the date of issuance of a new energy - transport facility right-of-way within-- - ``(i) the El Mirage Off-Highway Vehicle - Recreation Area; - ``(ii) the Spangler Hills Off-Highway - Vehicle Recreation Area; - ``(iii) the Stoddard Valley Off-Highway - Vehicle Recreation Area; or - ``(iv) the Johnson Valley Off-Highway - Vehicle Recreation Area. + ``(1) Effect of title.--Nothing in this title-- + ``(A) affects any validly issued right-of-way for the + customary operation, maintenance, upgrade, repair, relocation + within an existing right-of-way, replacement, or other + authorized energy transport facility activities (including the + use of any mechanized vehicle, helicopter, and other aerial + device) in a right-of-way acquired by or issued, granted, or + permitted to Southern California Edison Company (including any + successor in interest or assign) that is located on land + included in-- + ``(i) the El Mirage Off-Highway Vehicle Recreation + Area; + ``(ii) the Spangler Hills Off-Highway Vehicle + Recreation Area; + ``(iii) the Stoddard Valley Off-Highway Vehicle + Recreation Area; or + ``(iv) the Johnson Valley Off-Highway Vehicle + Recreation Area; + ``(B) affects the application, siting, route selection, + right-of-way acquisition, or construction of the Coolwater-Lugo + transmission project, as may be approved by the California + Public Utilities Commission and the Bureau of Land Management; + or + ``(C) prohibits the upgrading or replacement of any + Southern California Edison Company-- + ``(i) utility facility, including such a utility + facility known on the date of enactment of this title as-- + + ``(I) `Gale-PS 512 transmission lines or rights-of- + way'; + ``(II) `Patio, Jack Ranch, and Kenworth + distribution circuits or rights-of-way'; or + ``(III) `Bessemer and Peacor distribution circuits + or rights-of-way'; or + + ``(ii) energy transport facility in a right-of-way + issued, granted, or permitted by the Secretary adjacent to + a utility facility referred to in clause (i). + ``(2) Plans for access.--The Secretary, in consultation with + the Southern California Edison Company, shall publish plans for + regular and emergency access by the Southern California Edison + Company to the rights-of-way of the Company by the date that is 1 + year after the later of-- + ``(A) the date of enactment of this title; and + ``(B) the date of issuance of a new energy transport + facility right-of-way within-- + ``(i) the El Mirage Off-Highway Vehicle Recreation + Area; + ``(ii) the Spangler Hills Off-Highway Vehicle + Recreation Area; + ``(iii) the Stoddard Valley Off-Highway Vehicle + Recreation Area; or + ``(iv) the Johnson Valley Off-Highway Vehicle + Recreation Area. ``(h) Pacific Gas and Electric Company Utility Facilities and Rights-of-way.-- - ``(1) Effect of title.--Nothing in this title-- - ``(A) affects any validly issued right-of-way for - the customary operation, maintenance, upgrade, repair, - relocation within an existing right-of-way, - replacement, or other authorized activity (including - the use of any mechanized vehicle, helicopter, and - other aerial device) in a right-of-way acquired by or - issued, granted, or permitted to Pacific Gas and - Electric Company (including any successor in interest - or assign) that is located on land included in the - Spangler Hills Off-Highway Vehicle Recreation Area; or - ``(B) prohibits the upgrading or replacement of - any-- - ``(i) utility facilities of the Pacific Gas - and Electric Company, including those utility - facilities known on the date of enactment of - this title as-- - ``(I) `Gas Transmission Line 311 or - rights-of-way'; or - ``(II) `Gas Transmission Line 372 - or rights-of-way'; or - ``(ii) utility facilities of the Pacific - Gas and Electric Company in rights-of-way - issued, granted, or permitted by the Secretary - adjacent to a utility facility referred to in - clause (i). - ``(2) Plans for access.--Not later than 1 year after the - date of enactment of this title or the issuance of a new - utility facility right-of-way within the Spangler Hills Off- - Highway Vehicle Recreation Area, whichever is later, the - Secretary, in consultation with the Pacific Gas and Electric - Company, shall publish plans for regular and emergency access - by the Pacific Gas and Electric Company to the rights-of-way of - the Pacific Gas and Electric Company. + ``(1) Effect of title.--Nothing in this title-- + ``(A) affects any validly issued right-of-way for the + customary operation, maintenance, upgrade, repair, relocation + within an existing right-of-way, replacement, or other + authorized activity (including the use of any mechanized + vehicle, helicopter, and other aerial device) in a right-of-way + acquired by or issued, granted, or permitted to Pacific Gas and + Electric Company (including any successor in interest or + assign) that is located on land included in the Spangler Hills + Off-Highway Vehicle Recreation Area; or + ``(B) prohibits the upgrading or replacement of any-- + ``(i) utility facilities of the Pacific Gas and + Electric Company, including those utility facilities known + on the date of enactment of this title as-- + + ``(I) `Gas Transmission Line 311 or rights-of-way'; + or + ``(II) `Gas Transmission Line 372 or rights-of- + way'; or + + ``(ii) utility facilities of the Pacific Gas and + Electric Company in rights-of-way issued, granted, or + permitted by the Secretary adjacent to a utility facility + referred to in clause (i). + ``(2) Plans for access.--Not later than 1 year after the date + of enactment of this title or the issuance of a new utility + facility right-of-way within the Spangler Hills Off-Highway Vehicle + Recreation Area, whichever is later, the Secretary, in consultation + with the Pacific Gas and Electric Company, shall publish plans for + regular and emergency access by the Pacific Gas and Electric + Company to the rights-of-way of the Pacific Gas and Electric + Company. ``TITLE XIV--ALABAMA HILLS NATIONAL SCENIC AREA ``SEC. 1401. DEFINITIONS. - ``In this title: - ``(1) Management plan.--The term `management plan' means - the management plan for the Scenic Area developed under section - 1403(a). - ``(2) Map.--The term `Map' means the map entitled `Proposed - Alabama Hills National Scenic Area' and dated November 7, 2018. - ``(3) Motorized vehicle.--The term `motorized vehicle' - means a motorized or mechanized vehicle and includes, when used - by a utility, mechanized equipment, a helicopter, and any other - aerial device necessary to maintain electrical or - communications infrastructure. - ``(4) Scenic area.--The term `Scenic Area' means the - Alabama Hills National Scenic Area established by section - 1402(a). - ``(5) State.--The term `State' means the State of - California. - ``(6) Tribe.--The term `Tribe' means the Lone Pine Paiute- - Shoshone Tribe. - + ``(1) Management plan.--The term `management plan' means the + management plan for the Scenic Area developed under section + 1403(a). + ``(2) Map.--The term `Map' means the map entitled `Proposed + Alabama Hills National Scenic Area' and dated November 7, 2018. + ``(3) Motorized vehicle.--The term `motorized vehicle' means a + motorized or mechanized vehicle and includes, when used by a + utility, mechanized equipment, a helicopter, and any other aerial + device necessary to maintain electrical or communications + infrastructure. + ``(4) Scenic area.--The term `Scenic Area' means the Alabama + Hills National Scenic Area established by section 1402(a). + ``(5) State.--The term `State' means the State of California. + ``(6) Tribe.--The term `Tribe' means the Lone Pine Paiute- + Shoshone Tribe. ``SEC. 1402. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA. - ``(a) Establishment.--Subject to valid existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area, to be comprised of the approximately 18,610 acres @@ -7585,77 +6913,73 @@ cinematographic, and scientific resources of the Scenic Area managed consistent with section 302(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(a)). ``(c) Map; Legal Descriptions.-- - ``(1) In general.--As soon as practicable after the date of - enactment of this title, the Secretary shall file a map and a - legal description of the Scenic Area with-- - ``(A) the Committee on Energy and Natural Resources - of the Senate; and - ``(B) the Committee on Natural Resources of the - House of Representatives. - ``(2) Force of law.--The map and legal descriptions filed - under paragraph (1) shall have the same force and effect as if - included in this title, except that the Secretary may correct - any clerical and typographical errors in the map and legal - descriptions. - ``(3) Public availability.--Each map and legal description - filed under paragraph (1) shall be on file and available for - public inspection in the appropriate offices of the Forest - Service and the Bureau of Land Management. + ``(1) In general.--As soon as practicable after the date of + enactment of this title, the Secretary shall file a map and a legal + description of the Scenic Area with-- + ``(A) the Committee on Energy and Natural Resources of the + Senate; and + ``(B) the Committee on Natural Resources of the House of + Representatives. + ``(2) Force of law.--The map and legal descriptions filed under + paragraph (1) shall have the same force and effect as if included + in this title, except that the Secretary may correct any clerical + and typographical errors in the map and legal descriptions. + ``(3) Public availability.--Each map and legal description + filed under paragraph (1) shall be on file and available for public + inspection in the appropriate offices of the Forest Service and the + Bureau of Land Management. ``(d) Administration.--The Secretary shall manage the Scenic Area-- - ``(1) as a component of the National Landscape Conservation - System; - ``(2) so as not to impact the future continuing operation - and maintenance of any activities associated with valid, - existing rights, including water rights; - ``(3) in a manner that conserves, protects, and enhances - the resources and values of the Scenic Area described in - subsection (b); and - ``(4) in accordance with-- - ``(A) the Federal Land Policy and Management Act of - 1976 (43 U.S.C. 1701 et seq.); - ``(B) this title; and - ``(C) any other applicable laws. + ``(1) as a component of the National Landscape Conservation + System; + ``(2) so as not to impact the future continuing operation and + maintenance of any activities associated with valid, existing + rights, including water rights; + ``(3) in a manner that conserves, protects, and enhances the + resources and values of the Scenic Area described in subsection + (b); and + ``(4) in accordance with-- + ``(A) the Federal Land Policy and Management Act of 1976 + (43 U.S.C. 1701 et seq.); + ``(B) this title; and + ``(C) any other applicable laws. ``(e) Management.-- - ``(1) In general.--The Secretary shall allow only such uses - of the Scenic Area as the Secretary determines would further - the purposes of the Scenic Area as described in subsection (b). - ``(2) Recreational activities.--Except as otherwise - provided in this title or other applicable law, or as the - Secretary determines to be necessary for public health and - safety, the Secretary shall allow existing recreational uses of - the Scenic Area to continue, including hiking, mountain biking, - rock climbing, sightseeing, horseback riding, hunting, fishing, - and appropriate authorized motorized vehicle use in accordance - with paragraph (3). - ``(3) Motorized vehicles.--Except as otherwise specified in - this title, or as necessary for administrative purposes or to - respond to an emergency, the use of motorized vehicles in the - Scenic Area shall be permitted only on-- - ``(A) roads and trails designated by the Secretary - for use of motorized vehicles as part of a management - plan sustaining a semiprimitive motorized experience; - or - ``(B) county-maintained roads in accordance with - applicable State and county laws. + ``(1) In general.--The Secretary shall allow only such uses of + the Scenic Area as the Secretary determines would further the + purposes of the Scenic Area as described in subsection (b). + ``(2) Recreational activities.--Except as otherwise provided in + this title or other applicable law, or as the Secretary determines + to be necessary for public health and safety, the Secretary shall + allow existing recreational uses of the Scenic Area to continue, + including hiking, mountain biking, rock climbing, sightseeing, + horseback riding, hunting, fishing, and appropriate authorized + motorized vehicle use in accordance with paragraph (3). + ``(3) Motorized vehicles.--Except as otherwise specified in + this title, or as necessary for administrative purposes or to + respond to an emergency, the use of motorized vehicles in the + Scenic Area shall be permitted only on-- + ``(A) roads and trails designated by the Secretary for use + of motorized vehicles as part of a management plan sustaining a + semiprimitive motorized experience; or + ``(B) county-maintained roads in accordance with applicable + State and county laws. ``(f) No Buffer Zones.-- - ``(1) In general.--Nothing in this title creates a - protective perimeter or buffer zone around the Scenic Area. - ``(2) Activities outside scenic area.--The fact that an - activity or use on land outside the Scenic Area can be seen or - heard within the Scenic Area shall not preclude the activity or - use outside the boundaries of the Scenic Area. + ``(1) In general.--Nothing in this title creates a protective + perimeter or buffer zone around the Scenic Area. + ``(2) Activities outside scenic area.--The fact that an + activity or use on land outside the Scenic Area can be seen or + heard within the Scenic Area shall not preclude the activity or use + outside the boundaries of the Scenic Area. ``(g) Access.--The Secretary shall provide private landowners adequate access to inholdings in the Scenic Area. ``(h) Filming.--Nothing in this title prohibits filming (including commercial film production, student filming, and still photography) within the Scenic Area-- - ``(1) subject to-- - ``(A) such reasonable regulations, policies, and - practices as the Secretary considers to be necessary; - and - ``(B) applicable law; and - ``(2) in a manner consistent with the purposes described in - subsection (b). + ``(1) subject to-- + ``(A) such reasonable regulations, policies, and practices + as the Secretary considers to be necessary; and + ``(B) applicable law; and + ``(2) in a manner consistent with the purposes described in + subsection (b). ``(i) Fish and Wildlife.--Nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife. @@ -7663,23 +6987,21 @@ wildlife. including grazing under the Alabama Hills allotment and the George Creek allotment, as established before the date of enactment of this title, shall be permitted to continue-- - ``(1) subject to-- - ``(A) such reasonable regulations, policies, and - practices as the Secretary considers to be necessary; - and - ``(B) applicable law; and - ``(2) in a manner consistent with the purposes described in - subsection (b). + ``(1) subject to-- + ``(A) such reasonable regulations, policies, and practices + as the Secretary considers to be necessary; and + ``(B) applicable law; and + ``(2) in a manner consistent with the purposes described in + subsection (b). ``(k) Withdrawal.--Subject to the provisions of this title and valid rights in existence on the date of enactment of this title, including rights established by prior withdrawals, the Federal land within the Scenic Area is withdrawn from all forms of-- - ``(1) entry, appropriation, or disposal under the public - land laws; - ``(2) location, entry, and patent under the mining laws; - and - ``(3) disposition under all laws pertaining to mineral and - geothermal leasing or mineral materials. + ``(1) entry, appropriation, or disposal under the public land + laws; + ``(2) location, entry, and patent under the mining laws; and + ``(3) disposition under all laws pertaining to mineral and + geothermal leasing or mineral materials. ``(l) Wildland Fire Operations.--Nothing in this title prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in @@ -7691,52 +7013,46 @@ entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the Scenic Area. ``(n) Utility Facilities and Rights-of-way.-- - ``(1) Effect of title.--Nothing in this title-- - ``(A) affects the existence, use, operation, - maintenance (including vegetation control), repair, - construction, reconfiguration, expansion, inspection, - renewal, reconstruction, alteration, addition, - relocation, improvement, funding, removal, or - replacement of any utility facility or appurtenant - right-of-way within or adjacent to the Scenic Area; - ``(B) subject to subsection (e), affects necessary - or efficient access to utility facilities or rights-of- - way within or adjacent to the Scenic Area; and - ``(C) precludes the Secretary from authorizing the - establishment of new utility facility rights-of-way - (including instream sites, routes, and areas) within - the Scenic Area in a manner that minimizes harm to the - purpose of the Scenic Area as described in subsection - (b)-- - ``(i) in accordance with the National - Environmental Policy Act of 1969 (42 U.S.C. - 4321 et seq.) and any other applicable law; - ``(ii) subject to such terms and conditions - as the Secretary determines to be appropriate; - and - ``(iii) that are determined by the - Secretary to be the only technical or feasible - location, following consideration of - alternatives within existing rights-of-way or - outside of the Scenic Area. - ``(2) Management plan.--Consistent with this title, the - Management Plan shall establish provisions for maintenance of - public utility and other rights-of-way within the Scenic Area. - + ``(1) Effect of title.--Nothing in this title-- + ``(A) affects the existence, use, operation, maintenance + (including vegetation control), repair, construction, + reconfiguration, expansion, inspection, renewal, + reconstruction, alteration, addition, relocation, improvement, + funding, removal, or replacement of any utility facility or + appurtenant right-of-way within or adjacent to the Scenic Area; + ``(B) subject to subsection (e), affects necessary or + efficient access to utility facilities or rights-of-way within + or adjacent to the Scenic Area; and + ``(C) precludes the Secretary from authorizing the + establishment of new utility facility rights-of-way (including + instream sites, routes, and areas) within the Scenic Area in a + manner that minimizes harm to the purpose of the Scenic Area as + described in subsection (b)-- + ``(i) in accordance with the National Environmental + Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other + applicable law; + ``(ii) subject to such terms and conditions as the + Secretary determines to be appropriate; and + ``(iii) that are determined by the Secretary to be the + only technical or feasible location, following + consideration of alternatives within existing rights-of-way + or outside of the Scenic Area. + ``(2) Management plan.--Consistent with this title, the + Management Plan shall establish provisions for maintenance of + public utility and other rights-of-way within the Scenic Area. ``SEC. 1403. MANAGEMENT PLAN. - ``(a) In General.--Not later than 3 years after the date of enactment of this title, in accordance with subsections (b) and (c), the Secretary shall develop a comprehensive plan for the long-term management of the Scenic Area. ``(b) Consultation.--In developing the management plan, the Secretary shall consult with-- - ``(1) appropriate State, Tribal, and local governmental - entities, including Inyo County and the Tribe; - ``(2) utilities, including Southern California Edison - Company and the Los Angeles Department of Water and Power; - ``(3) the Alabama Hills Stewardship Group; and - ``(4) members of the public. + ``(1) appropriate State, Tribal, and local governmental + entities, including Inyo County and the Tribe; + ``(2) utilities, including Southern California Edison Company + and the Los Angeles Department of Water and Power; + ``(3) the Alabama Hills Stewardship Group; and + ``(4) members of the public. ``(c) Requirement.--In accordance with this title, the management plan shall include provisions for maintenance of existing public utility and other rights-of-way within the Scenic Area. @@ -7747,27 +7063,24 @@ washers, vacuum cleaners, gold pans, small sluices, and similar items. ``(e) Interim Management.--Pending completion of the management plan, the Secretary shall manage the Scenic Area in accordance with section 1402(b). - ``SEC. 1404. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE - RESERVATION. - +RESERVATION. ``(a) Trust Land.-- - ``(1) In general.--On completion of the survey described in - subsection (b), all right, title, and interest of the United - States in and to the approximately 132 acres of Federal land - depicted on the Map as `Lone Pine Paiute-Shoshone Reservation - Addition' shall be held in trust for the benefit of the Tribe, - subject to paragraphs (2) and (3). - ``(2) Conditions.--The land described in paragraph (1) - shall be subject to all easements, covenants, conditions, - restrictions, withdrawals, and other matters of record in - existence on the date of enactment of this title. - ``(3) Exclusion.--The Federal land over which the right-of- - way for the Los Angeles Aqueduct is located, generally - described as the 250-foot-wide right-of-way granted to the City - of Los Angeles pursuant to the Act of June 30, 1906 (34 Stat. - 801, chapter 3926), shall not be taken into trust for the - Tribe. + ``(1) In general.--On completion of the survey described in + subsection (b), all right, title, and interest of the United States + in and to the approximately 132 acres of Federal land depicted on + the Map as `Lone Pine Paiute-Shoshone Reservation Addition' shall + be held in trust for the benefit of the Tribe, subject to + paragraphs (2) and (3). + ``(2) Conditions.--The land described in paragraph (1) shall be + subject to all easements, covenants, conditions, restrictions, + withdrawals, and other matters of record in existence on the date + of enactment of this title. + ``(3) Exclusion.--The Federal land over which the right-of-way + for the Los Angeles Aqueduct is located, generally described as the + 250-foot-wide right-of-way granted to the City of Los Angeles + pursuant to the Act of June 30, 1906 (34 Stat. 801, chapter 3926), + shall not be taken into trust for the Tribe. ``(b) Survey.--Not later than 180 days after the date of enactment of this title, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land to be held in trust under @@ -7779,15 +7092,11 @@ of the Tribe. (a)(1) shall not be eligible, or considered to have been taken into trust, for gaming (within the meaning of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)). - ``SEC. 1405. TRANSFER OF ADMINISTRATIVE JURISDICTION. - ``Administrative jurisdiction over the approximately 56 acres of Federal land depicted on the Map as `USFS Transfer to BLM' is transferred from the Forest Service to the Bureau of Land Management. - ``SEC. 1406. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES. - ``(a) Effect of Title.--Nothing in this title limits commercial services for existing or historic recreation uses, as authorized by the permit process of the Bureau of Land Management. @@ -7799,13 +7108,10 @@ authorized.''. PART V--MISCELLANEOUS SEC. 1451. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK. - Title VII of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa-71 et seq.) is amended by adding at the end the following: - -``SEC. 712. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK. - + ``SEC. 712. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK. ``(a) In General.--On termination of all mining claims to the land described in subsection (b), the Secretary shall transfer the land described in that subsection to the State of California. @@ -7815,162 +7121,145 @@ California, comprising approximately 934 acres, as generally depicted on the map entitled `Proposed Table Mountain Wilderness Study Area Transfer to the State' and dated November 7, 2018. ``(c) Management.-- - ``(1) In general.--The land transferred under subsection - (a) shall be managed in accordance with the provisions of the - California Wilderness Act (California Public Resources Code - sections 5093.30-5093.40). - ``(2) Withdrawal.--Subject to valid existing rights, the - land transferred under subsection (a) is withdrawn from-- - ``(A) all forms of entry, appropriation, or - disposal under the public land laws; - ``(B) location, entry, and patent under the mining - laws; and - ``(C) disposition under all laws relating to - mineral and geothermal leasing. - ``(3) Reversion.--If the State ceases to manage the land - transferred under subsection (a) as part of the State Park - System or in a manner inconsistent with the California - Wilderness Act (California Public Resources Code sections - 5093.30-5093.40), the land shall revert to the Secretary at the - discretion of the Secretary, to be managed as a Wilderness - Study Area.''. - + ``(1) In general.--The land transferred under subsection (a) + shall be managed in accordance with the provisions of the + California Wilderness Act (California Public Resources Code + sections 5093.30-5093.40). + ``(2) Withdrawal.--Subject to valid existing rights, the land + transferred under subsection (a) is withdrawn from-- + ``(A) all forms of entry, appropriation, or disposal under + the public land laws; + ``(B) location, entry, and patent under the mining laws; + and + ``(C) disposition under all laws relating to mineral and + geothermal leasing. + ``(3) Reversion.--If the State ceases to manage the land + transferred under subsection (a) as part of the State Park System + or in a manner inconsistent with the California Wilderness Act + (California Public Resources Code sections 5093.30-5093.40), the + land shall revert to the Secretary at the discretion of the + Secretary, to be managed as a Wilderness Study Area.''. SEC. 1452. WILDLIFE CORRIDORS. - Title VII of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa-71 et seq.) (as amended by section 1451) is amended by adding at the end the following: - -``SEC. 713. WILDLIFE CORRIDORS. - + ``SEC. 713. WILDLIFE CORRIDORS. ``(a) In General.--The Secretary shall-- - ``(1) assess the impacts of habitat fragmentation on - wildlife in the California Desert Conservation Area; and - ``(2) establish policies and procedures to ensure the - preservation of wildlife corridors and facilitate species - migration. + ``(1) assess the impacts of habitat fragmentation on wildlife + in the California Desert Conservation Area; and + ``(2) establish policies and procedures to ensure the + preservation of wildlife corridors and facilitate species + migration. ``(b) Study.-- - ``(1) In general.--As soon as practicable, but not later - than 2 years, after the date of enactment of this section, the - Secretary shall complete a study regarding the impact of - habitat fragmentation on wildlife in the California Desert + ``(1) In general.--As soon as practicable, but not later than 2 + years, after the date of enactment of this section, the Secretary + shall complete a study regarding the impact of habitat + fragmentation on wildlife in the California Desert Conservation + Area. + ``(2) Components.--The study under paragraph (1) shall-- + ``(A) identify the species migrating, or likely to migrate + in the California Desert Conservation Area; + ``(B) examine the impacts and potential impacts of habitat + fragmentation on-- + ``(i) plants, insects, and animals; + ``(ii) soil; + ``(iii) air quality; + ``(iv) water quality and quantity; and + ``(v) species migration and survival; + ``(C) identify critical wildlife and species migration + corridors recommended for preservation; and + ``(D) include recommendations for ensuring the biological + connectivity of public land managed by the Secretary and the + Secretary of Defense throughout the California Desert Conservation Area. - ``(2) Components.--The study under paragraph (1) shall-- - ``(A) identify the species migrating, or likely to - migrate in the California Desert Conservation Area; - ``(B) examine the impacts and potential impacts of - habitat fragmentation on-- - ``(i) plants, insects, and animals; - ``(ii) soil; - ``(iii) air quality; - ``(iv) water quality and quantity; and - ``(v) species migration and survival; - ``(C) identify critical wildlife and species - migration corridors recommended for preservation; and - ``(D) include recommendations for ensuring the - biological connectivity of public land managed by the - Secretary and the Secretary of Defense throughout the - California Desert Conservation Area. - ``(3) Rights-of-way.--The Secretary shall consider the - information and recommendations of the study under paragraph - (1) to determine the individual and cumulative impacts of - rights-of-way for projects in the California Desert - Conservation Area, in accordance with-- - ``(A) the National Environmental Policy Act of 1969 - (42 U.S.C. 4321 et seq.); - ``(B) the Endangered Species Act of 1973 (16 U.S.C. - 1531 et seq.); and - ``(C) any other applicable law. + ``(3) Rights-of-way.--The Secretary shall consider the + information and recommendations of the study under paragraph (1) to + determine the individual and cumulative impacts of rights-of-way + for projects in the California Desert Conservation Area, in + accordance with-- + ``(A) the National Environmental Policy Act of 1969 (42 + U.S.C. 4321 et seq.); + ``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.); and + ``(C) any other applicable law. ``(c) Land Management Plans.--The Secretary shall incorporate into all land management plans applicable to the California Desert Conservation Area the findings and recommendations of the study completed under subsection (b).''. - SEC. 1453. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION LAND. - Title VII of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa-71 et seq.) (as amended by section 1452) is amended by adding at the end the following: - -``SEC. 714. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION - LAND. - + ``SEC. 714. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION + LAND. ``(a) Definitions.--In this section: - ``(1) Acquired land.--The term `acquired land' means any - land acquired within the Conservation Area using amounts from - the land and water conservation fund established under section - 200302 of title 54, United States Code. - ``(2) Conservation area.--The term `Conservation Area' - means the California Desert Conservation Area. - ``(3) Conservation land.--The term `conservation land' - means any land within the Conservation Area that is designated - to satisfy the conditions of a Federal habitat conservation - plan, general conservation plan, or State natural communities - conservation plan, including-- - ``(A) national conservation land established - pursuant to section 2002(b)(2)(D) of the Omnibus Public - Land Management Act of 2009 (16 U.S.C. 7202(b)(2)(D)); - and - ``(B) areas of critical environmental concern - established pursuant to section 202(c)(3) of the - Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1712(c)(3)). - ``(4) Donated land.--The term `donated land' means any - private land donated to the United States for conservation - purposes in the Conservation Area. - ``(5) Donor.--The term `donor' means an individual or - entity that donates private land within the Conservation Area - to the United States. - ``(6) Secretary.--The term `Secretary' means the Secretary, - acting through the Director of the Bureau of Land Management. - ``(7) State.--The term `State' means the State of - California. + ``(1) Acquired land.--The term `acquired land' means any land + acquired within the Conservation Area using amounts from the land + and water conservation fund established under section 200302 of + title 54, United States Code. + ``(2) Conservation area.--The term `Conservation Area' means + the California Desert Conservation Area. + ``(3) Conservation land.--The term `conservation land' means + any land within the Conservation Area that is designated to satisfy + the conditions of a Federal habitat conservation plan, general + conservation plan, or State natural communities conservation plan, + including-- + ``(A) national conservation land established pursuant to + section 2002(b)(2)(D) of the Omnibus Public Land Management Act + of 2009 (16 U.S.C. 7202(b)(2)(D)); and + ``(B) areas of critical environmental concern established + pursuant to section 202(c)(3) of the Federal Land Policy and + Management Act of 1976 (43 U.S.C. 1712(c)(3)). + ``(4) Donated land.--The term `donated land' means any private + land donated to the United States for conservation purposes in the + Conservation Area. + ``(5) Donor.--The term `donor' means an individual or entity + that donates private land within the Conservation Area to the + United States. + ``(6) Secretary.--The term `Secretary' means the Secretary, + acting through the Director of the Bureau of Land Management. + ``(7) State.--The term `State' means the State of California. ``(b) Prohibitions.--Except as provided in subsection (c), the Secretary shall not authorize the use of acquired land, conservation land, or donated land within the Conservation Area for any activities contrary to the conservation purposes for which the land was acquired, designated, or donated, including-- - ``(1) disposal; - ``(2) rights-of-way; - ``(3) leases; - ``(4) livestock grazing; - ``(5) infrastructure development, except as provided in - subsection (c); - ``(6) mineral entry; and - ``(7) off-highway vehicle use, except on-- - ``(A) designated routes; - ``(B) off-highway vehicle areas designated by law; - and - ``(C) administratively designated open areas. + ``(1) disposal; + ``(2) rights-of-way; + ``(3) leases; + ``(4) livestock grazing; + ``(5) infrastructure development, except as provided in + subsection (c); + ``(6) mineral entry; and + ``(7) off-highway vehicle use, except on-- + ``(A) designated routes; + ``(B) off-highway vehicle areas designated by law; and + ``(C) administratively designated open areas. ``(c) Exceptions.-- - ``(1) Authorization by secretary.--Subject to paragraph - (2), the Secretary may authorize limited exceptions to - prohibited uses of acquired land or donated land in the - Conservation Area if-- - ``(A) a right-of-way application for a renewable - energy development project or associated energy - transport facility on acquired land or donated land was - submitted to the Bureau of Land Management on or before - December 1, 2009; or - ``(B) after the completion and consideration of an - analysis under the National Environmental Policy Act of - 1969 (42 U.S.C. 4321 et seq.), the Secretary has - determined that proposed use is in the public interest. - ``(2) Conditions.-- - ``(A) In general.--If the Secretary grants an - exception to the prohibition under paragraph (1), the - Secretary shall require the permittee to donate private - land of comparable value located within the - Conservation Area to the United States to mitigate the - use. - ``(B) Approval.--The private land to be donated - under subparagraph (A) shall be approved by the - Secretary after-- - ``(i) consultation, to the maximum extent - practicable, with the donor of the private land - proposed for nonconservation uses; and - ``(ii) an opportunity for public comment - regarding the donation. + ``(1) Authorization by secretary.--Subject to paragraph (2), + the Secretary may authorize limited exceptions to prohibited uses + of acquired land or donated land in the Conservation Area if-- + ``(A) a right-of-way application for a renewable energy + development project or associated energy transport facility on + acquired land or donated land was submitted to the Bureau of + Land Management on or before December 1, 2009; or + ``(B) after the completion and consideration of an analysis + under the National Environmental Policy Act of 1969 (42 U.S.C. + 4321 et seq.), the Secretary has determined that proposed use + is in the public interest. + ``(2) Conditions.-- + ``(A) In general.--If the Secretary grants an exception to + the prohibition under paragraph (1), the Secretary shall + require the permittee to donate private land of comparable + value located within the Conservation Area to the United States + to mitigate the use. + ``(B) Approval.--The private land to be donated under + subparagraph (A) shall be approved by the Secretary after-- + ``(i) consultation, to the maximum extent practicable, + with the donor of the private land proposed for + nonconservation uses; and + ``(ii) an opportunity for public comment regarding the + donation. ``(d) Existing Agreements.--Nothing in this section affects permitted or prohibited uses of donated land or acquired land in the Conservation Area established in any easements, deed restrictions, @@ -7979,117 +7268,101 @@ date of enactment of this section. ``(e) Deed Restrictions.--Effective beginning on the date of enactment of this section, within the Conservation Area, the Secretary may-- - ``(1) accept deed restrictions requested by landowners for - land donated to, or otherwise acquired by, the United States; - and - ``(2) consistent with existing rights, create deed - restrictions, easements, or other third-party rights relating - to any public land determined by the Secretary to be - necessary-- - ``(A) to fulfill the mitigation requirements - resulting from the development of renewable resources; - or - ``(B) to satisfy the conditions of-- - ``(i) a habitat conservation plan or - general conservation plan established pursuant - to section 10 of the Endangered Species Act of - 1973 (16 U.S.C. 1539); or - ``(ii) a natural communities conservation - plan approved by the State.''. - + ``(1) accept deed restrictions requested by landowners for land + donated to, or otherwise acquired by, the United States; and + ``(2) consistent with existing rights, create deed + restrictions, easements, or other third-party rights relating to + any public land determined by the Secretary to be necessary-- + ``(A) to fulfill the mitigation requirements resulting from + the development of renewable resources; or + ``(B) to satisfy the conditions of-- + ``(i) a habitat conservation plan or general + conservation plan established pursuant to section 10 of the + Endangered Species Act of 1973 (16 U.S.C. 1539); or + ``(ii) a natural communities conservation plan approved + by the State.''. SEC. 1454. TRIBAL USES AND INTERESTS. - Section 705 of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa-75) is amended-- - (1) by redesignating subsection (b) as subsection (c); - (2) by striking subsection (a) and inserting the following: + (1) by redesignating subsection (b) as subsection (c); + (2) by striking subsection (a) and inserting the following: ``(a) Access.--The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95-341 (commonly known as the `American Indian Religious Freedom Act') (42 U.S.C. 1996). ``(b) Temporary Closure.-- - ``(1) In general.--In accordance with applicable law, - including Public Law 95-341 (commonly known as the `American - Indian Religious Freedom Act') (42 U.S.C. 1996), and subject to - paragraph (2), the Secretary, on request of an Indian Tribe or - Indian religious community, shall temporarily close to general - public use any portion of an area designated as a national - monument, special management area, wild and scenic river, area - of critical environmental concern, or National Park System unit - under this Act (referred to in this subsection as a `designated - area') to protect the privacy of traditional cultural and - religious activities in the designated area by members of the - Indian Tribe or Indian religious community. - ``(2) Limitation.--In closing a portion of a designated - area under paragraph (1), the Secretary shall limit the closure - to the smallest practicable area for the minimum period - necessary for the traditional cultural and religious - activities.''; and - (3) by adding at the end the following: + ``(1) In general.--In accordance with applicable law, including + Public Law 95-341 (commonly known as the `American Indian Religious + Freedom Act') (42 U.S.C. 1996), and subject to paragraph (2), the + Secretary, on request of an Indian Tribe or Indian religious + community, shall temporarily close to general public use any + portion of an area designated as a national monument, special + management area, wild and scenic river, area of critical + environmental concern, or National Park System unit under this Act + (referred to in this subsection as a `designated area') to protect + the privacy of traditional cultural and religious activities in the + designated area by members of the Indian Tribe or Indian religious + community. + ``(2) Limitation.--In closing a portion of a designated area + under paragraph (1), the Secretary shall limit the closure to the + smallest practicable area for the minimum period necessary for the + traditional cultural and religious activities.''; and + (3) by adding at the end the following: ``(d) Tribal Cultural Resources Management Plan.-- - ``(1) In general.--Not later than 2 years after the date of - enactment of the Natural Resources Management Act, the - Secretary shall develop and implement a Tribal cultural - resources management plan to identify, protect, and conserve - cultural resources of Indian Tribes associated with the Xam - Kwatchan Trail network extending from Avikwaame (Spirit - Mountain, Nevada) to Avikwlal (Pilot Knob, California). - ``(2) Consultation.--The Secretary shall consult on the - development and implementation of the Tribal cultural resources - management plan under paragraph (1) with-- - ``(A) each of-- - ``(i) the Chemehuevi Indian Tribe; - ``(ii) the Hualapai Tribal Nation; - ``(iii) the Fort Mojave Indian Tribe; - ``(iv) the Colorado River Indian Tribes; - ``(v) the Quechan Indian Tribe; and - ``(vi) the Cocopah Indian Tribe; - ``(B) the Advisory Council on Historic - Preservation; and - ``(C) the State Historic Preservation Offices of - Nevada, Arizona, and California. - ``(3) Resource protection.--The Tribal cultural resources - management plan developed under paragraph (1) shall-- - ``(A) be based on a completed Tribal cultural - resources survey; and - ``(B) include procedures for identifying, - protecting, and preserving petroglyphs, ancient trails, - intaglios, sleeping circles, artifacts, and other - resources of cultural, archaeological, or historical - significance in accordance with all applicable laws and - policies, including-- - ``(i) chapter 2003 of title 54, United - States Code; - ``(ii) Public Law 95-341 (commonly known as - the `American Indian Religious Freedom Act') - (42 U.S.C. 1996); - ``(iii) the Archaeological Resources - Protection Act of 1979 (16 U.S.C. 470aa et - seq.); - ``(iv) the Native American Graves - Protection and Repatriation Act (25 U.S.C. 3001 - et seq.); and - ``(v) Public Law 103-141 (commonly known as - the `Religious Freedom Restoration Act of - 1993') (42 U.S.C. 2000bb et seq.). + ``(1) In general.--Not later than 2 years after the date of + enactment of the John D. Dingell, Jr. Conservation, Management, and + Recreation Act, the Secretary shall develop and implement a Tribal + cultural resources management plan to identify, protect, and + conserve cultural resources of Indian Tribes associated with the + Xam Kwatchan Trail network extending from Avikwaame (Spirit + Mountain, Nevada) to Avikwlal (Pilot Knob, California). + ``(2) Consultation.--The Secretary shall consult on the + development and implementation of the Tribal cultural resources + management plan under paragraph (1) with-- + ``(A) each of-- + ``(i) the Chemehuevi Indian Tribe; + ``(ii) the Hualapai Tribal Nation; + ``(iii) the Fort Mojave Indian Tribe; + ``(iv) the Colorado River Indian Tribes; + ``(v) the Quechan Indian Tribe; and + ``(vi) the Cocopah Indian Tribe; + ``(B) the Advisory Council on Historic Preservation; and + ``(C) the State Historic Preservation Offices of Nevada, + Arizona, and California. + ``(3) Resource protection.--The Tribal cultural resources + management plan developed under paragraph (1) shall-- + ``(A) be based on a completed Tribal cultural resources + survey; and + ``(B) include procedures for identifying, protecting, and + preserving petroglyphs, ancient trails, intaglios, sleeping + circles, artifacts, and other resources of cultural, + archaeological, or historical significance in accordance with + all applicable laws and policies, including-- + ``(i) chapter 2003 of title 54, United States Code; + ``(ii) Public Law 95-341 (commonly known as the + `American Indian Religious Freedom Act') (42 U.S.C. 1996); + ``(iii) the Archaeological Resources Protection Act of + 1979 (16 U.S.C. 470aa et seq.); + ``(iv) the Native American Graves Protection and + Repatriation Act (25 U.S.C. 3001 et seq.); and + ``(v) Public Law 103-141 (commonly known as the + `Religious Freedom Restoration Act of 1993') (42 U.S.C. + 2000bb et seq.). ``(e) Withdrawal.--Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the `Indian Pass Withdrawal Area' is permanently withdrawn from-- - ``(1) all forms of entry, appropriation, or disposal under - the public land laws; - ``(2) location, entry, and patent under the mining laws; - and - ``(3) right-of-way leasing and disposition under all laws - relating to minerals or solar, wind, or geothermal energy.''. - + ``(1) all forms of entry, appropriation, or disposal under the + public land laws; + ``(2) location, entry, and patent under the mining laws; and + ``(3) right-of-way leasing and disposition under all laws + relating to minerals or solar, wind, or geothermal energy.''. SEC. 1455. RELEASE OF FEDERAL REVERSIONARY LAND INTERESTS. - (a) Definitions.--In this section: - (1) 1932 act.--The term ``1932 Act'' means the Act of June - 18, 1932 (47 Stat. 324, chapter 270). - (2) District.--The term ``District'' means the Metropolitan - Water District of Southern California. + (1) 1932 act.--The term ``1932 Act'' means the Act of June 18, + 1932 (47 Stat. 324, chapter 270). + (2) District.--The term ``District'' means the Metropolitan + Water District of Southern California. (b) Release.--Subject to valid existing claims perfected prior to the effective date of the 1932 Act and the reservation of minerals set forth in the 1932 Act, the Secretary shall release, convey, or @@ -8102,155 +7375,129 @@ authorizing conveyance subject to restrictions or reversionary interests retained by the United States, on request by the District. (c) Terms and Conditions.--A conveyance authorized by subsection (b) shall be subject to the following terms and conditions: - (1) The District shall cover, or reimburse the Secretary - for, the costs incurred by the Secretary to make the - conveyance, including title searches, surveys, deed - preparation, attorneys' fees, and similar expenses. - (2) By accepting the conveyances, the District agrees to - indemnify and hold harmless the United States with regard to - any boundary dispute relating to any parcel conveyed under this - section. - + (1) The District shall cover, or reimburse the Secretary for, + the costs incurred by the Secretary to make the conveyance, + including title searches, surveys, deed preparation, attorneys' + fees, and similar expenses. + (2) By accepting the conveyances, the District agrees to + indemnify and hold harmless the United States with regard to any + boundary dispute relating to any parcel conveyed under this + section. SEC. 1456. CALIFORNIA STATE SCHOOL LAND. - Section 707 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa-77) is amended-- - (1) in subsection (a)-- - (A) in the first sentence-- - (i) by striking ``Upon request of the - California State Lands Commission (hereinafter - in this section referred to as the - `Commission'), the Secretary shall enter into - negotiations for an agreement'' and inserting - the following: - ``(1) In general.--The Secretary shall negotiate in good - faith to reach an agreement with the California State Lands - Commission (referred to in this section as the `Commission')''; - and - (ii) by inserting ``, national monuments, - off-highway vehicle recreation areas,'' after - ``more of the wilderness areas''; and - (B) in the second sentence, by striking ``The - Secretary shall negotiate in good faith to'' and - inserting the following: - ``(2) Agreement.--To the maximum extent practicable, not - later than 10 years after the date of enactment of this title, - the Secretary shall''; and - (2) in subsection (b)(1), by inserting ``, national - monuments, off-highway vehicle recreation areas,'' after - ``wilderness areas''. - + (1) in subsection (a)-- + (A) in the first sentence-- + (i) by striking ``Upon request of the California State + Lands Commission (hereinafter in this section referred to + as the `Commission'), the Secretary shall enter into + negotiations for an agreement'' and inserting the + following: + ``(1) In general.--The Secretary shall negotiate in good faith + to reach an agreement with the California State Lands Commission + (referred to in this section as the `Commission')''; and + (ii) by inserting ``, national monuments, off-highway + vehicle recreation areas,'' after ``more of the wilderness + areas''; and + (B) in the second sentence, by striking ``The Secretary + shall negotiate in good faith to'' and inserting the following: + ``(2) Agreement.--To the maximum extent practicable, not later + than 10 years after the date of enactment of this title, the + Secretary shall''; and + (2) in subsection (b)(1), by inserting ``, national monuments, + off-highway vehicle recreation areas,'' after ``wilderness areas''. SEC. 1457. DESIGNATION OF WILD AND SCENIC RIVERS. - (a) Amargosa River, California.--Section 3(a)(196)(A) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(196)(A)) is amended to read as follows: - ``(A) The approximately 7.5-mile segment of the - Amargosa River in the State of California, the private - property boundary in sec. 19, T. 22 N., R. 7 E., to 100 - feet upstream of the Tecopa Hot Springs Road crossing, - to be administered by the Secretary of the Interior as - a scenic river.''. + ``(A) The approximately 7.5-mile segment of the Amargosa + River in the State of California, the private property boundary + in sec. 19, T. 22 N., R. 7 E., to 100 feet upstream of the + Tecopa Hot Springs Road crossing, to be administered by the + Secretary of the Interior as a scenic river.''. (b) Additional Segments.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1303(a)) is amended by adding at the end the following: - ``(228) Surprise canyon creek, california.-- - ``(A) In general.--The following segments of - Surprise Canyon Creek in the State of California, to be - administered by the Secretary of the Interior: - ``(i) The approximately 5.3 miles of - Surprise Canyon Creek from the confluence of - Frenchman's Canyon and Water Canyon to 100 feet - upstream of Chris Wicht Camp, as a wild river. - ``(ii) The approximately 1.8 miles of - Surprise Canyon Creek from 100 feet upstream of - Chris Wicht Camp to the southern boundary of - sec. 14, T. 21 S., R. 44 E., as a recreational - river. - ``(B) Effect on historic mining structures.-- - Nothing in this paragraph affects the historic mining - structures associated with the former Panamint Mining - District. - ``(229) Deep creek, california.-- - ``(A) In general.--The following segments of Deep - Creek in the State of California, to be administered by - the Secretary of Agriculture: - ``(i) The approximately 6.5-mile segment - from 0.125 mile downstream of the Rainbow Dam - site in sec. 33, T. 2 N., R. 2 W., San - Bernardino Meridian, to 0.25 miles upstream of - the Road 3N34 crossing, as a wild river. - ``(ii) The 0.5-mile segment from 0.25 mile - upstream of the Road 3N34 crossing to 0.25 mile - downstream of the Road 3N34 crossing, as a - scenic river. - ``(iii) The 2.5-mile segment from 0.25 - miles downstream of the Road 3 N. 34 crossing - to 0.25 miles upstream of the Trail 2W01 - crossing, as a wild river. - ``(iv) The 0.5-mile segment from 0.25 miles - upstream of the Trail 2W01 crossing to 0.25 - mile downstream of the Trail 2W01 crossing, as - a scenic river. - ``(v) The 10-mile segment from 0.25 miles - downstream of the Trail 2W01 crossing to the - upper limit of the Mojave dam flood zone in - sec. 17, T. 3 N., R. 3 W., San Bernardino - Meridian, as a wild river. - ``(vi) The 11-mile segment of Holcomb Creek - from 100 yards downstream of the Road 3N12 - crossing to .25 miles downstream of Holcomb - Crossing, as a recreational river. - ``(vii) The 3.5-mile segment of the Holcomb - Creek from 0.25 miles downstream of Holcomb - Crossing to the Deep Creek confluence, as a - wild river. - ``(B) Effect on ski operations.--Nothing in this - paragraph affects-- - ``(i) the operations of the Snow Valley Ski - Resort; or - ``(ii) the State regulation of water rights - and water quality associated with the operation - of the Snow Valley Ski Resort. - ``(230) Whitewater river, california.--The following - segments of the Whitewater River in the State of California, to - be administered by the Secretary of Agriculture and the - Secretary of the Interior, acting jointly: - ``(A) The 5.8-mile segment of the North Fork - Whitewater River from the source of the River near Mt. - San Gorgonio to the confluence with the Middle Fork, as - a wild river. - ``(B) The 6.4-mile segment of the Middle Fork - Whitewater River from the source of the River to the - confluence with the South Fork, as a wild river. - ``(C) The 1-mile segment of the South Fork - Whitewater River from the confluence of the River with - the East Fork to the section line between sections 32 - and 33, T. 1 S., R. 2 E., San Bernardino Meridian, as a - wild river. - ``(D) The 1-mile segment of the South Fork - Whitewater River from the section line between sections - 32 and 33, T. 1 S., R. 2 E., San Bernardino Meridian, - to the section line between sections 33 and 34, T. 1 - S., R. 2 E., San Bernardino Meridian, as a recreational - river. - ``(E) The 4.9-mile segment of the South Fork - Whitewater River from the section line between sections - 33 and 34, T. 1 S., R. 2 E., San Bernardino Meridian, - to the confluence with the Middle Fork, as a wild - river. - ``(F) The 5.4-mile segment of the main stem of the - Whitewater River from the confluence of the South and - Middle Forks to the San Gorgonio Wilderness boundary, - as a wild river. - ``(G) The 3.6-mile segment of the main stem of the - Whitewater River from the San Gorgonio Wilderness - boundary to .25 miles upstream of the southern boundary - of section 35, T. 2 S., R. 3 E., San Bernardino - Meridian, as a recreational river.''. - + ``(228) Surprise canyon creek, california.-- + ``(A) In general.--The following segments of Surprise + Canyon Creek in the State of California, to be administered by + the Secretary of the Interior: + ``(i) The approximately 5.3 miles of Surprise Canyon + Creek from the confluence of Frenchman's Canyon and Water + Canyon to 100 feet upstream of Chris Wicht Camp, as a wild + river. + ``(ii) The approximately 1.8 miles of Surprise Canyon + Creek from 100 feet upstream of Chris Wicht Camp to the + southern boundary of sec. 14, T. 21 S., R. 44 E., as a + recreational river. + ``(B) Effect on historic mining structures.--Nothing in + this paragraph affects the historic mining structures + associated with the former Panamint Mining District. + ``(229) Deep creek, california.-- + ``(A) In general.--The following segments of Deep Creek in + the State of California, to be administered by the Secretary of + Agriculture: + ``(i) The approximately 6.5-mile segment from 0.125 + mile downstream of the Rainbow Dam site in sec. 33, T. 2 + N., R. 2 W., San Bernardino Meridian, to 0.25 miles + upstream of the Road 3N34 crossing, as a wild river. + ``(ii) The 0.5-mile segment from 0.25 mile upstream of + the Road 3N34 crossing to 0.25 mile downstream of the Road + 3N34 crossing, as a scenic river. + ``(iii) The 2.5-mile segment from 0.25 miles downstream + of the Road 3 N. 34 crossing to 0.25 miles upstream of the + Trail 2W01 crossing, as a wild river. + ``(iv) The 0.5-mile segment from 0.25 miles upstream of + the Trail 2W01 crossing to 0.25 mile downstream of the + Trail 2W01 crossing, as a scenic river. + ``(v) The 10-mile segment from 0.25 miles downstream of + the Trail 2W01 crossing to the upper limit of the Mojave + dam flood zone in sec. 17, T. 3 N., R. 3 W., San Bernardino + Meridian, as a wild river. + ``(vi) The 11-mile segment of Holcomb Creek from 100 + yards downstream of the Road 3N12 crossing to .25 miles + downstream of Holcomb Crossing, as a recreational river. + ``(vii) The 3.5-mile segment of the Holcomb Creek from + 0.25 miles downstream of Holcomb Crossing to the Deep Creek + confluence, as a wild river. + ``(B) Effect on ski operations.--Nothing in this paragraph + affects-- + ``(i) the operations of the Snow Valley Ski Resort; or + ``(ii) the State regulation of water rights and water + quality associated with the operation of the Snow Valley + Ski Resort. + ``(230) Whitewater river, california.--The following segments + of the Whitewater River in the State of California, to be + administered by the Secretary of Agriculture and the Secretary of + the Interior, acting jointly: + ``(A) The 5.8-mile segment of the North Fork Whitewater + River from the source of the River near Mt. San Gorgonio to the + confluence with the Middle Fork, as a wild river. + ``(B) The 6.4-mile segment of the Middle Fork Whitewater + River from the source of the River to the confluence with the + South Fork, as a wild river. + ``(C) The 1-mile segment of the South Fork Whitewater River + from the confluence of the River with the East Fork to the + section line between sections 32 and 33, T. 1 S., R. 2 E., San + Bernardino Meridian, as a wild river. + ``(D) The 1-mile segment of the South Fork Whitewater River + from the section line between sections 32 and 33, T. 1 S., R. 2 + E., San Bernardino Meridian, to the section line between + sections 33 and 34, T. 1 S., R. 2 E., San Bernardino Meridian, + as a recreational river. + ``(E) The 4.9-mile segment of the South Fork Whitewater + River from the section line between sections 33 and 34, T. 1 + S., R. 2 E., San Bernardino Meridian, to the confluence with + the Middle Fork, as a wild river. + ``(F) The 5.4-mile segment of the main stem of the + Whitewater River from the confluence of the South and Middle + Forks to the San Gorgonio Wilderness boundary, as a wild river. + ``(G) The 3.6-mile segment of the main stem of the + Whitewater River from the San Gorgonio Wilderness boundary to + .25 miles upstream of the southern boundary of section 35, T. 2 + S., R. 3 E., San Bernardino Meridian, as a recreational + river.''. SEC. 1458. CONFORMING AMENDMENTS. - (a) Short Title.--Section 1 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa note; Public Law 103-433) is amended by striking ``1 and 2, and titles I through IX'' and inserting ``1, 2, and @@ -8258,43 +7505,33 @@ striking ``1 and 2, and titles I through IX'' and inserting ``1, 2, and (b) Definitions.--The California Desert Protection Act of 1994 (Public Law 103-433; 108 Stat. 4471) is amended by inserting after section 2 the following: - ``SEC. 3. DEFINITIONS. - ``(a) Titles I Through Ix.--In titles I through IX, the term `this Act' means only-- - ``(1) sections 1 and 2; and - ``(2) titles I through IX. + ``(1) sections 1 and 2; and + ``(2) titles I through IX. ``(b) Titles Xiii and Xiv.--In titles XIII and XIV: - ``(1) Conservation area.--The term `Conservation Area' - means the California Desert Conservation Area. - ``(2) Secretary.--The term `Secretary' means-- - ``(A) with respect to land under the jurisdiction - of the Secretary of the Interior, the Secretary of the - Interior; and - ``(B) with respect to land under the jurisdiction - of the Secretary of Agriculture, the Secretary of - Agriculture. - ``(3) State.--The term `State' means the State of - California.''. - + ``(1) Conservation area.--The term `Conservation Area' means + the California Desert Conservation Area. + ``(2) Secretary.--The term `Secretary' means-- + ``(A) with respect to land under the jurisdiction of the + Secretary of the Interior, the Secretary of the Interior; and + ``(B) with respect to land under the jurisdiction of the + Secretary of Agriculture, the Secretary of Agriculture. + ``(3) State.--The term `State' means the State of + California.''. SEC. 1459. JUNIPER FLATS. - The California Desert Protection Act of 1994 is amended by striking section 711 (16 U.S.C. 410aaa-81) and inserting the following: - -``SEC. 711. JUNIPER FLATS. - + ``SEC. 711. JUNIPER FLATS. ``Development of renewable energy generation facilities (excluding rights-of-way or facilities for the transmission of energy and telecommunication facilities and infrastructure) is prohibited on the approximately 27,990 acres of Federal land generally depicted as `BLM Land Unavailable for Energy Development' on the map entitled `Juniper Flats' and dated November 7, 2018.''. - SEC. 1460. CONFORMING AMENDMENTS TO CALIFORNIA MILITARY LANDS - WITHDRAWAL AND OVERFLIGHTS ACT OF 1994. - +WITHDRAWAL AND OVERFLIGHTS ACT OF 1994. (a) Findings.--Section 801(b)(2) of the California Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa-82 note; Public Law 103-433) is amended by inserting ``, special management @@ -8303,737 +7540,655 @@ areas, off-highway vehicle recreation areas, scenic areas,'' before (b) Overflights; Special Airspace.--Section 802 of the California Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa-82) is amended-- - (1) in subsection (a), by inserting ``, scenic areas, off- - highway vehicle recreation areas, or special management areas'' - before ``designated by this Act''; - (2) in subsection (b), by inserting ``, scenic areas, off- - highway vehicle recreation areas, or special management areas'' - before ``designated by this Act''; and - (3) by adding at the end the following: + (1) in subsection (a), by inserting ``, scenic areas, off- + highway vehicle recreation areas, or special management areas'' + before ``designated by this Act''; + (2) in subsection (b), by inserting ``, scenic areas, off- + highway vehicle recreation areas, or special management areas'' + before ``designated by this Act''; and + (3) by adding at the end the following: ``(d) Department of Defense Facilities.--Nothing in this Act alters any authority of the Secretary of Defense to conduct military operations at installations and ranges within the California Desert Conservation Area that are authorized under any other provision of law.''. - SEC. 1461. DESERT TORTOISE CONSERVATION CENTER. - (a) In General.--The Secretary shall establish, operate, and maintain a trans-State desert tortoise conservation center (referred to in this section as the ``Center'') on public land along the California- Nevada border-- - (1) to support desert tortoise research, disease - monitoring, handling training, rehabilitation, and - reintroduction; - (2) to provide temporary quarters for animals collected - from authorized salvage from renewable energy sites; and - (3) to ensure the full recovery and ongoing survival of the - species. + (1) to support desert tortoise research, disease monitoring, + handling training, rehabilitation, and reintroduction; + (2) to provide temporary quarters for animals collected from + authorized salvage from renewable energy sites; and + (3) to ensure the full recovery and ongoing survival of the + species. (b) Center.--In carrying out this section, the Secretary shall-- - (1) seek the participation of or contract with qualified - organizations with expertise in desert tortoise disease - research and experience with desert tortoise translocation - techniques, and scientific training of professional biologists - for handling tortoises, to staff and manage the Center; - (2) ensure that the Center engages in public outreach and - education on tortoise handling; and - (3) consult with the State and the State of Nevada to - ensure that the Center is operated consistent with State law. + (1) seek the participation of or contract with qualified + organizations with expertise in desert tortoise disease research + and experience with desert tortoise translocation techniques, and + scientific training of professional biologists for handling + tortoises, to staff and manage the Center; + (2) ensure that the Center engages in public outreach and + education on tortoise handling; and + (3) consult with the State and the State of Nevada to ensure + that the Center is operated consistent with State law. (c) Non-Federal Contributions.--The Secretary may accept and expend contributions of non-Federal funds to establish, operate, and maintain the Center. TITLE II--NATIONAL PARKS - Subtitle A--Special Resource Studies SEC. 2001. SPECIAL RESOURCE STUDY OF JAMES K. POLK PRESIDENTIAL HOME. - (a) Definition of Study Area.--In this section, the term ``study area'' means the President James K. Polk Home in Columbia, Tennessee, and adjacent property. (b) Special Resource Study.-- - (1) Study.--The Secretary shall conduct a special resource - study of the study area. - (2) Contents.--In conducting the study under paragraph (1), - the Secretary shall-- - (A) evaluate the national significance of the study - area; - (B) determine the suitability and feasibility of - designating the study area as a unit of the National - Park System; - (C) consider other alternatives for preservation, - protection, and interpretation of the study area by the - Federal Government, State or local government entities, - or private and nonprofit organizations; - (D) consult with interested Federal agencies, State - or local governmental entities, private and nonprofit - organizations, or any other interested individuals; and - (E) identify cost estimates for any Federal - acquisition, development, interpretation, operation, - and maintenance associated with the alternatives. - (3) Applicable law.--The study required under paragraph (1) - shall be conducted in accordance with section 100507 of title - 54, United States Code. - (4) Report.--Not later than 3 years after the date on which - funds are first made available for the study under paragraph - (1), the Secretary shall submit to the Committee on Energy and - Natural Resources of the Senate and the Committee on Natural - Resources of the House of Representatives a report that - describes-- - (A) the results of the study; and - (B) any conclusions and recommendations of the - Secretary. - + (1) Study.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), the + Secretary shall-- + (A) evaluate the national significance of the study area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National Park + System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the Federal + Government, State or local government entities, or private and + nonprofit organizations; + (D) consult with interested Federal agencies, State or + local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal acquisition, + development, interpretation, operation, and maintenance + associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title 54, + United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available for the study under paragraph (1), + the Secretary shall submit to the Committee on Energy and Natural + Resources of the Senate and the Committee on Natural Resources of + the House of Representatives a report that describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the Secretary. SEC. 2002. SPECIAL RESOURCE STUDY OF THURGOOD MARSHALL SCHOOL. - (a) Definition of Study Area.--In this section, the term ``study area'' means-- - (1) P.S. 103, the public school located in West Baltimore, - Maryland, which Thurgood Marshall attended as a youth; and - (2) any other resources in the neighborhood surrounding - P.S. 103 that relate to the early life of Thurgood Marshall. + (1) P.S. 103, the public school located in West Baltimore, + Maryland, which Thurgood Marshall attended as a youth; and + (2) any other resources in the neighborhood surrounding P.S. + 103 that relate to the early life of Thurgood Marshall. (b) Special Resource Study.-- - (1) Study.--The Secretary shall conduct a special resource - study of the study area. - (2) Contents.--In conducting the study under paragraph (1), - the Secretary shall-- - (A) evaluate the national significance of the study - area; - (B) determine the suitability and feasibility of - designating the study area as a unit of the National - Park System; - (C) consider other alternatives for preservation, - protection, and interpretation of the study area by the - Federal Government, State or local government entities, - or private and nonprofit organizations; - (D) consult with interested Federal agencies, State - or local governmental entities, private and nonprofit - organizations, or any other interested individuals; and - (E) identify cost estimates for any Federal - acquisition, development, interpretation, operation, - and maintenance associated with the alternatives. - (3) Applicable law.--The study required under paragraph (1) - shall be conducted in accordance with section 100507 of title - 54, United States Code. - (4) Report.--Not later than 3 years after the date on which - funds are first made available to carry out the study under - paragraph (1), the Secretary shall submit to the Committee on - Natural Resources of the House of Representatives and the - Committee on Energy and Natural Resources of the Senate a - report that describes-- - (A) the results of the study; and - (B) any conclusions and recommendations of the - Secretary. - + (1) Study.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), the + Secretary shall-- + (A) evaluate the national significance of the study area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National Park + System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the Federal + Government, State or local government entities, or private and + nonprofit organizations; + (D) consult with interested Federal agencies, State or + local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal acquisition, + development, interpretation, operation, and maintenance + associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title 54, + United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available to carry out the study under + paragraph (1), the Secretary shall submit to the Committee on + Natural Resources of the House of Representatives and the Committee + on Energy and Natural Resources of the Senate a report that + describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the Secretary. SEC. 2003. SPECIAL RESOURCE STUDY OF PRESIDENT STREET STATION. - (a) Definition of Study Area.--In this section, the term ``study area'' means the President Street Station, a railroad terminal in Baltimore, Maryland, the history of which is tied to the growth of the railroad industry in the 19th century, the Civil War, the Underground Railroad, and the immigrant influx of the early 20th century. (b) Special Resource Study.-- - (1) Study.--The Secretary shall conduct a special resource - study of the study area. - (2) Contents.--In conducting the study under paragraph (1), - the Secretary shall-- - (A) evaluate the national significance of the study - area; - (B) determine the suitability and feasibility of - designating the study area as a unit of the National - Park System; - (C) consider other alternatives for preservation, - protection, and interpretation of the study area by the - Federal Government, State or local government entities, - or private and nonprofit organizations; - (D) consult with interested Federal agencies, State - or local governmental entities, private and nonprofit - organizations, or any other interested individuals; and - (E) identify cost estimates for any Federal - acquisition, development, interpretation, operation, - and maintenance associated with the alternatives. - (3) Applicable law.--The study required under paragraph (1) - shall be conducted in accordance with section 100507 of title - 54, United States Code. - (4) Report.--Not later than 3 years after the date on which - funds are first made available for the study under paragraph - (1), the Secretary shall submit to the Committee on Natural - Resources of the House of Representatives and the Committee on - Energy and Natural Resources of the Senate a report that - describes-- - (A) the results of the study; and - (B) any conclusions and recommendations of the - Secretary. - + (1) Study.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), the + Secretary shall-- + (A) evaluate the national significance of the study area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National Park + System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the Federal + Government, State or local government entities, or private and + nonprofit organizations; + (D) consult with interested Federal agencies, State or + local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal acquisition, + development, interpretation, operation, and maintenance + associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title 54, + United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available for the study under paragraph (1), + the Secretary shall submit to the Committee on Natural Resources of + the House of Representatives and the Committee on Energy and + Natural Resources of the Senate a report that describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the Secretary. SEC. 2004. AMACHE SPECIAL RESOURCE STUDY. - (a) Definition of Study Area.--In this section, the term ``study area'' means the site known as ``Amache'', ``Camp Amache'', and ``Granada Relocation Center'' in Granada, Colorado, which was 1 of the 10 relocation centers where Japanese Americans were incarcerated during World War II. (b) Special Resource Study.-- - (1) In general.--The Secretary shall conduct a special - resource study of the study area. - (2) Contents.--In conducting the study under paragraph (1), - the Secretary shall-- - (A) evaluate the national significance of the study - area; - (B) determine the suitability and feasibility of - designating the study area as a unit of the National - Park System; - (C) consider other alternatives for preservation, - protection, and interpretation of the study area by the - Federal Government, State or local government entities, - or private and nonprofit organizations; - (D) consult with interested Federal agencies, State - or local governmental entities, private and nonprofit - organizations, or any other interested individuals; and - (E) identify cost estimates for any Federal - acquisition, development, interpretation, operation, - and maintenance associated with the alternatives - described in subparagraphs (B) and (C). - (3) Applicable law.--The study required under paragraph (1) - shall be conducted in accordance with section 100507 of title - 54, United States Code. - (4) Report.--Not later than 3 years after the date on which - funds are first made available to carry out the study under - paragraph (1), the Secretary shall submit to the Committee on - Natural Resources of the House of Representatives and the - Committee on Energy and Natural Resources of the Senate a - report that describes-- - (A) the results of the study; and - (B) any conclusions and recommendations of the - Secretary. - + (1) In general.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), the + Secretary shall-- + (A) evaluate the national significance of the study area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National Park + System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the Federal + Government, State or local government entities, or private and + nonprofit organizations; + (D) consult with interested Federal agencies, State or + local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal acquisition, + development, interpretation, operation, and maintenance + associated with the alternatives described in subparagraphs (B) + and (C). + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title 54, + United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available to carry out the study under + paragraph (1), the Secretary shall submit to the Committee on + Natural Resources of the House of Representatives and the Committee + on Energy and Natural Resources of the Senate a report that + describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the Secretary. SEC. 2005. SPECIAL RESOURCE STUDY OF GEORGE W. BUSH CHILDHOOD HOME. - (a) Definition of Study Area.--In this section, the term ``study area'' means the George W. Bush Childhood Home, located at 1412 West Ohio Avenue, Midland, Texas. (b) Special Resource Study.-- - (1) Study.--The Secretary shall conduct a special resource - study of the study area. - (2) Contents.--In conducting the study under paragraph (1), - the Secretary shall-- - (A) evaluate the national significance of the study - area; - (B) determine the suitability and feasibility of - designating the study area as a unit of the National - Park System; - (C) consider other alternatives for preservation, - protection, and interpretation of the study area by the - Federal Government, State or local government entities, - or private and nonprofit organizations; - (D) consult with interested Federal agencies, State - or local governmental entities, private and nonprofit - organizations, or any other interested individuals; and - (E) identify cost estimates for any Federal - acquisition, development, interpretation, operation, - and maintenance associated with the alternatives. - (3) Applicable law.--The study required under paragraph (1) - shall be conducted in accordance with section 100507 of title - 54, United States Code. - (4) Report.--Not later than 3 years after the date on which - funds are first made available for the study under paragraph - (1), the Secretary shall submit to the Committee on Energy and - Natural Resources of the Senate and the Committee on Natural - Resources of the House of Representatives a report that - describes-- - (A) the results of the study; and - (B) any conclusions and recommendations of the - Secretary. + (1) Study.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), the + Secretary shall-- + (A) evaluate the national significance of the study area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National Park + System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the Federal + Government, State or local government entities, or private and + nonprofit organizations; + (D) consult with interested Federal agencies, State or + local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal acquisition, + development, interpretation, operation, and maintenance + associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title 54, + United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available for the study under paragraph (1), + the Secretary shall submit to the Committee on Energy and Natural + Resources of the Senate and the Committee on Natural Resources of + the House of Representatives a report that describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the Secretary. Subtitle B--National Park System Boundary Adjustments and Related Matters SEC. 2101. SHILOH NATIONAL MILITARY PARK BOUNDARY ADJUSTMENT. - (a) Definitions.--In this section: - (1) Affiliated area.--The term ``affiliated area'' means - the Parker's Crossroads Battlefield established as an - affiliated area of the National Park System by subsection - (c)(1). - (2) Park.--The term ``Park'' means Shiloh National Military - Park, a unit of the National Park System. + (1) Affiliated area.--The term ``affiliated area'' means the + Parker's Crossroads Battlefield established as an affiliated area + of the National Park System by subsection (c)(1). + (2) Park.--The term ``Park'' means Shiloh National Military + Park, a unit of the National Park System. (b) Areas to Be Added to Shiloh National Military Park.-- - (1) Additional areas.--The boundary of the Park is modified - to include the areas that are generally depicted on the map - entitled ``Shiloh National Military Park, Proposed Boundary - Adjustment'', numbered 304/80,011, and dated July 2014, and - which are comprised of the following: - (A) Fallen Timbers Battlefield. - (B) Russell House Battlefield. - (C) Davis Bridge Battlefield. - (2) Acquisition authority.--The Secretary may acquire the - land described in paragraph (1) by donation, purchase from - willing sellers with donated or appropriated funds, or - exchange. - (3) Administration.--Any land acquired under this - subsection shall be administered as part of the Park. + (1) Additional areas.--The boundary of the Park is modified to + include the areas that are generally depicted on the map entitled + ``Shiloh National Military Park, Proposed Boundary Adjustment'', + numbered 304/80,011, and dated July 2014, and which are comprised + of the following: + (A) Fallen Timbers Battlefield. + (B) Russell House Battlefield. + (C) Davis Bridge Battlefield. + (2) Acquisition authority.--The Secretary may acquire the land + described in paragraph (1) by donation, purchase from willing + sellers with donated or appropriated funds, or exchange. + (3) Administration.--Any land acquired under this subsection + shall be administered as part of the Park. (c) Establishment of Affiliated Area.-- - (1) In general.--Parker's Crossroads Battlefield in the - State of Tennessee is established as an affiliated area of the - National Park System. - (2) Description of affiliated area.--The affiliated area - shall consist of the area generally depicted within the - ``Proposed Boundary'' on the map entitled ``Parker's Crossroads - Battlefield, Proposed Boundary'', numbered 903/80,073, and - dated July 2014. - (3) Administration.--The affiliated area shall be managed - in accordance with-- - (A) this section; and - (B) any law generally applicable to units of the - National Park System. - (4) Management entity.--The City of Parkers Crossroads and - the Tennessee Historical Commission shall jointly be the - management entity for the affiliated area. - (5) Cooperative agreements.--The Secretary may provide - technical assistance and enter into cooperative agreements with - the management entity for the purpose of providing financial - assistance for the marketing, marking, interpretation, and - preservation of the affiliated area. - (6) Limited role of the secretary.--Nothing in this section - authorizes the Secretary to acquire property at the affiliated - area or to assume overall financial responsibility for the - operation, maintenance, or management of the affiliated area. - (7) General management plan.-- - (A) In general.--The Secretary, in consultation - with the management entity, shall develop a general - management plan for the affiliated area in accordance - with section 100502 of title 54, United States Code. - (B) Transmittal.--Not later than 3 years after the - date on which funds are made available to carry out - this section, the Secretary shall submit to the - Committee on Natural Resources of the House of - Representatives and the Committee on Energy and Natural - Resources of the Senate the general management plan - developed under subparagraph (A). - + (1) In general.--Parker's Crossroads Battlefield in the State + of Tennessee is established as an affiliated area of the National + Park System. + (2) Description of affiliated area.--The affiliated area shall + consist of the area generally depicted within the ``Proposed + Boundary'' on the map entitled ``Parker's Crossroads Battlefield, + Proposed Boundary'', numbered 903/80,073, and dated July 2014. + (3) Administration.--The affiliated area shall be managed in + accordance with-- + (A) this section; and + (B) any law generally applicable to units of the National + Park System. + (4) Management entity.--The City of Parkers Crossroads and the + Tennessee Historical Commission shall jointly be the management + entity for the affiliated area. + (5) Cooperative agreements.--The Secretary may provide + technical assistance and enter into cooperative agreements with the + management entity for the purpose of providing financial assistance + for the marketing, marking, interpretation, and preservation of the + affiliated area. + (6) Limited role of the secretary.--Nothing in this section + authorizes the Secretary to acquire property at the affiliated area + or to assume overall financial responsibility for the operation, + maintenance, or management of the affiliated area. + (7) General management plan.-- + (A) In general.--The Secretary, in consultation with the + management entity, shall develop a general management plan for + the affiliated area in accordance with section 100502 of title + 54, United States Code. + (B) Transmittal.--Not later than 3 years after the date on + which funds are made available to carry out this section, the + Secretary shall submit to the Committee on Natural Resources of + the House of Representatives and the Committee on Energy and + Natural Resources of the Senate the general management plan + developed under subparagraph (A). SEC. 2102. OCMULGEE MOUNDS NATIONAL HISTORICAL PARK BOUNDARY. - (a) Definitions.--In this section: - (1) Historical park.--The term ``Historical Park'' means - the Ocmulgee Mounds National Historical Park in the State of - Georgia, as redesignated by subsection(b)(1)(A). - (2) Map.--The term ``map'' means the map entitled - ``Ocmulgee National Monument Proposed Boundary Adjustment'', - numbered 363/125996, and dated January 2016. - (3) Study area.--The term ``study area'' means the Ocmulgee - River corridor between the cities of Macon, Georgia, and - Hawkinsville, Georgia. + (1) Historical park.--The term ``Historical Park'' means the + Ocmulgee Mounds National Historical Park in the State of Georgia, + as redesignated by subsection(b)(1)(A). + (2) Map.--The term ``map'' means the map entitled ``Ocmulgee + National Monument Proposed Boundary Adjustment'', numbered 363/ + 125996, and dated January 2016. + (3) Study area.--The term ``study area'' means the Ocmulgee + River corridor between the cities of Macon, Georgia, and + Hawkinsville, Georgia. (b) Ocmulgee Mounds National Historical Park.-- - (1) Redesignation.-- - (A) In general.--The Ocmulgee National Monument, - established pursuant to the Act of June 14, 1934 (48 - Stat. 958, chapter 519), shall be known and designated - as the ``Ocmulgee Mounds National Historical Park''. - (B) References.--Any reference in a law, map, - regulation, document, paper, or other record of the - United States to the ``Ocmulgee National Monument'' - shall be deemed to be a reference to the ``Ocmulgee - Mounds National Historical Park''. - (2) Boundary adjustment.-- - (A) In general.--The boundary of the Historical - Park is revised to include approximately 2,100 acres of - land, as generally depicted on the map. - (B) Availability of map.--The map shall be on file - and available for public inspection in the appropriate - offices of the National Park Service. - (3) Land acquisition.-- - (A) In general.--The Secretary may acquire land and - interests in land within the boundaries of the - Historical Park by donation, purchase from a willing - seller with donated or appropriated funds, or exchange. - (B) Limitation.--The Secretary may not acquire by - condemnation any land or interest in land within the - boundaries of the Historical Park. - (4) Administration.--The Secretary shall administer any - land acquired under paragraph (3) as part of the Historical - Park in accordance with applicable laws (including - regulations). + (1) Redesignation.-- + (A) In general.--The Ocmulgee National Monument, + established pursuant to the Act of June 14, 1934 (48 Stat. 958, + chapter 519), shall be known and designated as the ``Ocmulgee + Mounds National Historical Park''. + (B) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the + ``Ocmulgee National Monument'' shall be deemed to be a + reference to the ``Ocmulgee Mounds National Historical Park''. + (2) Boundary adjustment.-- + (A) In general.--The boundary of the Historical Park is + revised to include approximately 2,100 acres of land, as + generally depicted on the map. + (B) Availability of map.--The map shall be on file and + available for public inspection in the appropriate offices of + the National Park Service. + (3) Land acquisition.-- + (A) In general.--The Secretary may acquire land and + interests in land within the boundaries of the Historical Park + by donation, purchase from a willing seller with donated or + appropriated funds, or exchange. + (B) Limitation.--The Secretary may not acquire by + condemnation any land or interest in land within the boundaries + of the Historical Park. + (4) Administration.--The Secretary shall administer any land + acquired under paragraph (3) as part of the Historical Park in + accordance with applicable laws (including regulations). (c) Ocmulgee River Corridor Special Resource Study.-- - (1) In general.--The Secretary shall conduct a special - resource study of the study area. - (2) Contents.--In conducting the study under paragraph (1), - the Secretary shall-- - (A) evaluate the national significance of the study - area; - (B) determine the suitability and feasibility of - designating the study area as a unit of the National - Park System; - (C) consider other alternatives for preservation, - protection, and interpretation of the study area by the - Federal Government, State or local government entities, - or private and nonprofit organizations; - (D) consult with interested Federal agencies, State - or local governmental entities, private and nonprofit - organizations, or any other interested individuals; and - (E) identify cost estimates for any Federal - acquisition, development, interpretation, operation, - and maintenance associated with the alternatives. - (3) Applicable law.--The study required under paragraph (1) - shall be conducted in accordance with section 100507 of title - 54, United States Code. - (4) Report.--Not later than 3 years after the date on which - funds are first made available to carry out the study under - paragraph (1), the Secretary shall submit to the Committee on - Natural Resources of the House of Representatives and the - Committee on Energy and Natural Resources of the Senate a - report that describes-- - (A) the results of the study; and - (B) any conclusions and recommendations of the - Secretary. - + (1) In general.--The Secretary shall conduct a special resource + study of the study area. + (2) Contents.--In conducting the study under paragraph (1), the + Secretary shall-- + (A) evaluate the national significance of the study area; + (B) determine the suitability and feasibility of + designating the study area as a unit of the National Park + System; + (C) consider other alternatives for preservation, + protection, and interpretation of the study area by the Federal + Government, State or local government entities, or private and + nonprofit organizations; + (D) consult with interested Federal agencies, State or + local governmental entities, private and nonprofit + organizations, or any other interested individuals; and + (E) identify cost estimates for any Federal acquisition, + development, interpretation, operation, and maintenance + associated with the alternatives. + (3) Applicable law.--The study required under paragraph (1) + shall be conducted in accordance with section 100507 of title 54, + United States Code. + (4) Report.--Not later than 3 years after the date on which + funds are first made available to carry out the study under + paragraph (1), the Secretary shall submit to the Committee on + Natural Resources of the House of Representatives and the Committee + on Energy and Natural Resources of the Senate a report that + describes-- + (A) the results of the study; and + (B) any conclusions and recommendations of the Secretary. SEC. 2103. KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY. - (a) Definitions.--In this section: - (1) Map.--The term ``map'' means the map entitled - ``Kennesaw Mountain National Battlefield Park, Proposed - Boundary Adjustment'', numbered 325/80,020, and dated February - 2010. - (2) Park.--The term ``Park'' means the Kennesaw Mountain - National Battlefield Park. + (1) Map.--The term ``map'' means the map entitled ``Kennesaw + Mountain National Battlefield Park, Proposed Boundary Adjustment'', + numbered 325/80,020, and dated February 2010. + (2) Park.--The term ``Park'' means the Kennesaw Mountain + National Battlefield Park. (b) Kennesaw Mountain National Battlefield Park Boundary Adjustment.-- - (1) Boundary adjustment.--The boundary of the Park is - modified to include the approximately 8 acres of land or - interests in land identified as ``Wallis House and Harriston - Hill'', as generally depicted on the map. - (2) Map.--The map shall be on file and available for - inspection in the appropriate offices of the National Park - Service. - (3) Land acquisition.--The Secretary may acquire land or - interests in land described in paragraph (1) by donation, - purchase from willing sellers, or exchange. - (4) Administration of acquired land.--The Secretary shall - administer land and interests in land acquired under this - section as part of the Park in accordance with applicable laws - (including regulations). - + (1) Boundary adjustment.--The boundary of the Park is modified + to include the approximately 8 acres of land or interests in land + identified as ``Wallis House and Harriston Hill'', as generally + depicted on the map. + (2) Map.--The map shall be on file and available for inspection + in the appropriate offices of the National Park Service. + (3) Land acquisition.--The Secretary may acquire land or + interests in land described in paragraph (1) by donation, purchase + from willing sellers, or exchange. + (4) Administration of acquired land.--The Secretary shall + administer land and interests in land acquired under this section + as part of the Park in accordance with applicable laws (including + regulations). SEC. 2104. FORT FREDERICA NATIONAL MONUMENT, GEORGIA. - (a) Maximum Acreage.--The first section of the Act of May 26, 1936 (16 U.S.C. 433g), is amended by striking ``two hundred and fifty acres'' and inserting ``305 acres''. (b) Boundary Expansion.-- - (1) In general.--The boundary of the Fort Frederica - National Monument in the State of Georgia is modified to - include the land generally depicted as ``Proposed Acquisition - Areas'' on the map entitled ``Fort Frederica National Monument - Proposed Boundary Expansion'', numbered 369/132,469, and dated - April 2016. - (2) Availability of map.--The map described in paragraph - (1) shall be on file and available for public inspection in the - appropriate offices of the National Park Service. - (3) Acquisition of land.--The Secretary may acquire the - land and interests in land described in paragraph (1) by - donation or purchase with donated or appropriated funds from - willing sellers only. - (4) No use of condemnation or eminent domain.--The - Secretary may not acquire by condemnation or eminent domain any - land or interests in land under this section or for the - purposes of this section. - + (1) In general.--The boundary of the Fort Frederica National + Monument in the State of Georgia is modified to include the land + generally depicted as ``Proposed Acquisition Areas'' on the map + entitled ``Fort Frederica National Monument Proposed Boundary + Expansion'', numbered 369/132,469, and dated April 2016. + (2) Availability of map.--The map described in paragraph (1) + shall be on file and available for public inspection in the + appropriate offices of the National Park Service. + (3) Acquisition of land.--The Secretary may acquire the land + and interests in land described in paragraph (1) by donation or + purchase with donated or appropriated funds from willing sellers + only. + (4) No use of condemnation or eminent domain.--The Secretary + may not acquire by condemnation or eminent domain any land or + interests in land under this section or for the purposes of this + section. SEC. 2105. FORT SCOTT NATIONAL HISTORIC SITE BOUNDARY. - Public Law 95-484 (92 Stat. 1610) is amended-- - (1) in the first section-- - (A) by inserting ``, by purchase with appropriated - funds, or by exchange'' after ``donation''; and - (B) by striking the proviso; and - (2) in section 2-- - (A) by striking ``sec. 2. When'' and inserting the - following: - + (1) in the first section-- + (A) by inserting ``, by purchase with appropriated funds, + or by exchange'' after ``donation''; and + (B) by striking the proviso; and + (2) in section 2-- + (A) by striking ``sec. 2. When'' and inserting the + following: ``SEC. 2. ESTABLISHMENT. - ``(a) In General.--When''; and - (B) by adding at the end the following: + (B) by adding at the end the following: ``(b) Boundary Modification.--The boundary of the Fort Scott National Historic Site established under subsection (a) is modified as generally depicted on the map referred to as `Fort Scott National Historic Site Proposed Boundary Modification', numbered 471/80,057, and dated February 2016.''. - SEC. 2106. FLORISSANT FOSSIL BEDS NATIONAL MONUMENT BOUNDARY. - The first section of Public Law 91-60 (83 Stat. 101) is amended-- - (1) by striking ``entitled `Proposed Florissant Fossil Beds - National Monument', numbered NM-FFB-7100, and dated March 1967, - and more particularly described by metes and bounds in an - attachment to that map,'' and inserting ``entitled `Florissant - Fossil Beds National Monument Proposed Boundary Adjustment', - numbered 171/132,544, and dated May 3, 2016,''; and - (2) by striking ``six thousand acres'' and inserting - ``6,300 acres''. - + (1) by striking ``entitled `Proposed Florissant Fossil Beds + National Monument', numbered NM-FFB-7100, and dated March 1967, and + more particularly described by metes and bounds in an attachment to + that map,'' and inserting ``entitled `Florissant Fossil Beds + National Monument Proposed Boundary Adjustment', numbered 171/ + 132,544, and dated May 3, 2016,''; and + (2) by striking ``six thousand acres'' and inserting ``6,300 + acres''. SEC. 2107. VOYAGEURS NATIONAL PARK BOUNDARY ADJUSTMENT. - (a) Boundaries.-- - (1) In general.--Section 102(a) of Public Law 91-661 (16 - U.S.C. 160a-1(a)) is amended-- - (A) in the first sentence, by striking ``the - drawing entitled'' and all that follows through - ``February 1969'' and inserting ``the map entitled - `Voyageurs National Park, Proposed Land Transfer & - Boundary Adjustment', numbered 172/80,056, and dated - June 2009 (22 sheets)''; and - (B) in the second and third sentences, by striking - ``drawing'' each place it appears and inserting - ``map''. - (2) Technical corrections.--Section 102(b)(2)(A) of Public - Law 91-661 (16 U.S.C. 160a-1(b)(2)(A)) is amended-- - (A) by striking ``paragraph (1)(C) and (D)'' and - inserting ``subparagraphs (C) and (D) of paragraph - (1)''; and - (B) in the second proviso, by striking ``paragraph - 1(E)'' and inserting ``paragraph (1)(E)''. + (1) In general.--Section 102(a) of Public Law 91-661 (16 U.S.C. + 160a-1(a)) is amended-- + (A) in the first sentence, by striking ``the drawing + entitled'' and all that follows through ``February 1969'' and + inserting ``the map entitled `Voyageurs National Park, Proposed + Land Transfer & Boundary Adjustment', numbered 172/80,056, and + dated June 2009 (22 sheets)''; and + (B) in the second and third sentences, by striking + ``drawing'' each place it appears and inserting ``map''. + (2) Technical corrections.--Section 102(b)(2)(A) of Public Law + 91-661 (16 U.S.C. 160a-1(b)(2)(A)) is amended-- + (A) by striking ``paragraph (1)(C) and (D)'' and inserting + ``subparagraphs (C) and (D) of paragraph (1)''; and + (B) in the second proviso, by striking ``paragraph 1(E)'' + and inserting ``paragraph (1)(E)''. (b) Land Acquisitions.--Section 201 of Public Law 91-661 (16 U.S.C. 160b) is amended-- - (1) by striking the section designation and heading and all - that follows through ``(a) The Secretary'' and inserting the - following: - -``SEC. 201. LAND ACQUISITIONS. - + (1) by striking the section designation and heading and all + that follows through ``(a) The Secretary'' and inserting the + following: + ``SEC. 201. LAND ACQUISITIONS. ``(a) Authorization.-- - ``(1) In general.--The Secretary''; - (2) in subsection (a)-- - (A) in the second sentence, by striking ``When any - tract of land is only partly within such boundaries'' - and inserting the following: - ``(2) Certain portions of tracts.-- - ``(A) In general.--In any case in which only a - portion of a tract of land is within the boundaries of - the park''; - (B) in the third sentence, by striking ``Land so - acquired'' and inserting the following: - ``(B) Exchange.-- - ``(i) In general.--Any land acquired - pursuant to subparagraph (A)''; - (C) in the fourth sentence, by striking ``Any - portion'' and inserting the following: - ``(ii) Portions not exchanged.--Any - portion''; - (D) in the fifth sentence, by striking ``Any - Federal property'' and inserting the following: - ``(C) Transfers of federal property.--Any Federal - property''; and - (E) by striking the last sentence and inserting the - following: - ``(D) Administrative jurisdiction.--Effective - beginning on the date of enactment of this - subparagraph, there is transferred to the National Park - Service administrative jurisdiction over-- - ``(i) any land managed by the Bureau of - Land Management within the boundaries of the - park, as depicted on the map described in - section 102(a); and - ``(ii) any additional public land - identified by the Bureau of Land Management as - appropriate for transfer within the boundaries - of the park. - ``(E) Land owned by state.-- - ``(i) Donations and exchanges.--Any land - located within or adjacent to the boundaries of - the park that is owned by the State of - Minnesota (or a political subdivision of the - State) may be acquired by the Secretary only - through donation or exchange. - ``(ii) Revision.--On completion of an - acquisition from the State under clause (i), - the Secretary shall revise the boundaries of - the park to reflect the acquisition.''; and - (3) in subsection (b), by striking ``(b) In exercising - his'' and inserting the following: + ``(1) In general.--The Secretary''; + (2) in subsection (a)-- + (A) in the second sentence, by striking ``When any tract of + land is only partly within such boundaries'' and inserting the + following: + ``(2) Certain portions of tracts.-- + ``(A) In general.--In any case in which only a portion of a + tract of land is within the boundaries of the park''; + (B) in the third sentence, by striking ``Land so acquired'' + and inserting the following: + ``(B) Exchange.-- + ``(i) In general.--Any land acquired pursuant to + subparagraph (A)''; + (C) in the fourth sentence, by striking ``Any portion'' and + inserting the following: + ``(ii) Portions not exchanged.--Any portion''; + (D) in the fifth sentence, by striking ``Any Federal + property'' and inserting the following: + ``(C) Transfers of federal property.--Any Federal + property''; and + (E) by striking the last sentence and inserting the + following: + ``(D) Administrative jurisdiction.--Effective beginning on + the date of enactment of this subparagraph, there is + transferred to the National Park Service administrative + jurisdiction over-- + ``(i) any land managed by the Bureau of Land Management + within the boundaries of the park, as depicted on the map + described in section 102(a); and + ``(ii) any additional public land identified by the + Bureau of Land Management as appropriate for transfer + within the boundaries of the park. + ``(E) Land owned by state.-- + ``(i) Donations and exchanges.--Any land located within + or adjacent to the boundaries of the park that is owned by + the State of Minnesota (or a political subdivision of the + State) may be acquired by the Secretary only through + donation or exchange. + ``(ii) Revision.--On completion of an acquisition from + the State under clause (i), the Secretary shall revise the + boundaries of the park to reflect the acquisition.''; and + (3) in subsection (b), by striking ``(b) In exercising his'' + and inserting the following: ``(b) Offers by Individuals.--In exercising the''. - SEC. 2108. ACADIA NATIONAL PARK BOUNDARY. - (a) Boundary Clarification.--Section 101 of Public Law 99-420 (16 U.S.C. 341 note) is amended-- - (1) in the first sentence, by striking ``In order to'' and - inserting the following: + (1) in the first sentence, by striking ``In order to'' and + inserting the following: ``(a) Boundaries.--Subject to subsections (b) and (c)(2), to''; - (2) in the second sentence-- - (A) by striking ``The map shall be on file'' and - inserting the following: + (2) in the second sentence-- + (A) by striking ``The map shall be on file'' and inserting + the following: ``(c) Availability and Revisions of Maps.-- - ``(1) Availability.--The map, together with the map - described in subsection (b)(1) and any revised boundary map - published under paragraph (2), if applicable, shall be-- - ``(A) on file''; and - (B) by striking ``Interior, and it shall be made'' - and inserting the following: ``Interior; and - ``(B) made''; - (3) by inserting after subsection (a) (as designated by - paragraph (1)) the following: + ``(1) Availability.--The map, together with the map described + in subsection (b)(1) and any revised boundary map published under + paragraph (2), if applicable, shall be-- + ``(A) on file''; and + (B) by striking ``Interior, and it shall be made'' and + inserting the following: ``Interior; and + ``(B) made''; + (3) by inserting after subsection (a) (as designated by + paragraph (1)) the following: ``(b) Schoodic Peninsula Addition.-- - ``(1) In general.--The boundary of the Park is confirmed to - include approximately 1,441 acres of land and interests in - land, as depicted on the map entitled `Acadia National Park, - Hancock County, Maine, Schoodic Peninsula Boundary Revision', - numbered 123/129102, and dated July 10, 2015. - ``(2) Ratification and approval of acquisitions of land.-- - Congress ratifies and approves-- - ``(A) effective as of September 26, 2013, the - acquisition by the United States of the land and - interests in the land described in paragraph (1); and - ``(B) effective as of the date on which the - alteration occurred, any alteration of the land or - interests in the land described in paragraph (1) that - is held or claimed by the United States (including - conversion of the land to fee simple interest) that - occurred after the date described in subparagraph - (A).''; and - (4) in subsection (c) (as designated by paragraph (2)(A)), - by adding at the end the following: - ``(2) Technical and limited revisions.--Subject to section - 102(k), notwithstanding any other provision of this section, - the Secretary of the Interior (referred to in this title as the - `Secretary'), by publication in the Federal Register of a - revised boundary map or other description, may make-- - ``(A) such technical boundary revisions as the - Secretary determines to be appropriate to the permanent - boundaries of the Park (including any property of the - Park located within the Schoodic Peninsula and Isle Au - Haut districts) to resolve issues resulting from causes - such as survey error or changed road alignments; and - ``(B) such limited boundary revisions as the - Secretary determines to be appropriate to the permanent - boundaries of the Park to take into account - acquisitions or losses, by exchange, donation, or - purchase from willing sellers using donated or - appropriated funds, of land adjacent to or within the - Park, respectively, in any case in which the total - acreage of the land to be so acquired or lost is less - than 10 acres, subject to the condition that-- - ``(i) any such boundary revision shall not - be a part of a more-comprehensive boundary - revision; and - ``(ii) all such boundary revisions, - considered collectively with any technical - boundary revisions made pursuant to - subparagraph (A), do not increase the size of - the Park by more than a total of 100 acres, as - compared to the size of the Park on the date of - enactment of this paragraph.''. + ``(1) In general.--The boundary of the Park is confirmed to + include approximately 1,441 acres of land and interests in land, as + depicted on the map entitled `Acadia National Park, Hancock County, + Maine, Schoodic Peninsula Boundary Revision', numbered 123/129102, + and dated July 10, 2015. + ``(2) Ratification and approval of acquisitions of land.-- + Congress ratifies and approves-- + ``(A) effective as of September 26, 2013, the acquisition + by the United States of the land and interests in the land + described in paragraph (1); and + ``(B) effective as of the date on which the alteration + occurred, any alteration of the land or interests in the land + described in paragraph (1) that is held or claimed by the + United States (including conversion of the land to fee simple + interest) that occurred after the date described in + subparagraph (A).''; and + (4) in subsection (c) (as designated by paragraph (2)(A)), by + adding at the end the following: + ``(2) Technical and limited revisions.--Subject to section + 102(k), notwithstanding any other provision of this section, the + Secretary of the Interior (referred to in this title as the + `Secretary'), by publication in the Federal Register of a revised + boundary map or other description, may make-- + ``(A) such technical boundary revisions as the Secretary + determines to be appropriate to the permanent boundaries of the + Park (including any property of the Park located within the + Schoodic Peninsula and Isle Au Haut districts) to resolve + issues resulting from causes such as survey error or changed + road alignments; and + ``(B) such limited boundary revisions as the Secretary + determines to be appropriate to the permanent boundaries of the + Park to take into account acquisitions or losses, by exchange, + donation, or purchase from willing sellers using donated or + appropriated funds, of land adjacent to or within the Park, + respectively, in any case in which the total acreage of the + land to be so acquired or lost is less than 10 acres, subject + to the condition that-- + ``(i) any such boundary revision shall not be a part of + a more-comprehensive boundary revision; and + ``(ii) all such boundary revisions, considered + collectively with any technical boundary revisions made + pursuant to subparagraph (A), do not increase the size of + the Park by more than a total of 100 acres, as compared to + the size of the Park on the date of enactment of this + paragraph.''. (b) Limitation on Acquisitions of Land for Acadia National Park.-- Section 102 of Public Law 99-420 (16 U.S.C. 341 note) is amended-- - (1) in subsection (a), in the matter preceding paragraph - (1), by striking ``of the Interior (hereinafter in this title - referred to as `the Secretary')''; - (2) in subsection (d)(1), in the first sentence, by - striking ``the the'' and inserting ``the''; - (3) in subsection (k)-- - (A) by redesignating the subsection as paragraph - (4) and indenting the paragraph appropriately; and - (B) by moving the paragraph so as to appear at the - end of subsection (b); and - (4) by adding at the end the following: + (1) in subsection (a), in the matter preceding paragraph (1), + by striking ``of the Interior (hereinafter in this title referred + to as `the Secretary')''; + (2) in subsection (d)(1), in the first sentence, by striking + ``the the'' and inserting ``the''; + (3) in subsection (k)-- + (A) by redesignating the subsection as paragraph (4) and + indenting the paragraph appropriately; and + (B) by moving the paragraph so as to appear at the end of + subsection (b); and + (4) by adding at the end the following: ``(k) Requirements.--Before revising the boundaries of the Park pursuant to this section or section 101(c)(2)(B), the Secretary shall-- - ``(1) certify that the proposed boundary revision will - contribute to, and is necessary for, the proper preservation, - protection, interpretation, or management of the Park; - ``(2) consult with the governing body of each county, city, - town, or other jurisdiction with primary taxing authority over - the land or interest in land to be acquired regarding the - impacts of the proposed boundary revision; - ``(3) obtain from each property owner the land or interest - in land of which is proposed to be acquired for, or lost from, - the Park written consent for the proposed boundary revision; - and - ``(4) submit to the Acadia National Park Advisory - Commission established by section 103(a), the Committee on - Natural Resources of the House of Representatives, the - Committee on Energy and Natural Resources of the Senate, and - the Maine Congressional Delegation a written notice of the - proposed boundary revision. + ``(1) certify that the proposed boundary revision will + contribute to, and is necessary for, the proper preservation, + protection, interpretation, or management of the Park; + ``(2) consult with the governing body of each county, city, + town, or other jurisdiction with primary taxing authority over the + land or interest in land to be acquired regarding the impacts of + the proposed boundary revision; + ``(3) obtain from each property owner the land or interest in + land of which is proposed to be acquired for, or lost from, the + Park written consent for the proposed boundary revision; and + ``(4) submit to the Acadia National Park Advisory Commission + established by section 103(a), the Committee on Natural Resources + of the House of Representatives, the Committee on Energy and + Natural Resources of the Senate, and the Maine Congressional + Delegation a written notice of the proposed boundary revision. ``(l) Limitation.--The Secretary may not use the authority provided by section 100506 of title 54, United States Code, to adjust the permanent boundaries of the Park pursuant to this title.''. (c) Acadia National Park Advisory Commission.-- - (1) In general.--The Secretary shall reestablish and - appoint members to the Acadia National Park Advisory Commission - in accordance with section 103 of Public Law 99-420 (16 U.S.C. - 341 note). - (2) Conforming amendment.--Section 103 of Public Law 99-420 - (16 U.S.C. 341 note) is amended by striking subsection (f). + (1) In general.--The Secretary shall reestablish and appoint + members to the Acadia National Park Advisory Commission in + accordance with section 103 of Public Law 99-420 (16 U.S.C. 341 + note). + (2) Conforming amendment.--Section 103 of Public Law 99-420 (16 + U.S.C. 341 note) is amended by striking subsection (f). (d) Repeal of Certain Provisions Relating to Acadia National Park.--The following are repealed: - (1) Section 3 of the Act of February 26, 1919 (40 Stat. - 1178, chapter 45). - (2) The first section of the Act of January 19, 1929 (45 - Stat. 1083, chapter 77). + (1) Section 3 of the Act of February 26, 1919 (40 Stat. 1178, + chapter 45). + (2) The first section of the Act of January 19, 1929 (45 Stat. + 1083, chapter 77). (e) Modification of Use Restriction.--The Act of August 1, 1950 (64 Stat. 383, chapter 511), is amended-- - (1) by striking ``That the Secretary'' and inserting the - following: - + (1) by striking ``That the Secretary'' and inserting the + following: ``SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK. - ``The Secretary''; and - (2) by striking ``for school purposes'' and inserting ``for - public purposes, subject to the conditions that use of the land - shall not degrade or adversely impact the resources or values - of Acadia National Park and that the land shall remain in - public ownership for recreational, educational, or similar - public purposes''. + (2) by striking ``for school purposes'' and inserting ``for + public purposes, subject to the conditions that use of the land + shall not degrade or adversely impact the resources or values of + Acadia National Park and that the land shall remain in public + ownership for recreational, educational, or similar public + purposes''. (f) Continuation of Certain Traditional Uses.--Title I of Public Law 99-420 (16 U.S.C. 341 note) is amended by adding at the end the following: - -``SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES. - + ``SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES. ``(a) Definitions.--In this section: - ``(1) Land within the park.--The term `land within the - Park' means land owned or controlled by the United States-- - ``(A) that is within the boundary of the Park - established by section 101; or - ``(B)(i) that is outside the boundary of the Park; - and - ``(ii) in which the Secretary has or acquires a - property interest or conservation easement pursuant to - this title. - ``(2) Marine species; marine worm; shellfish.--The terms - `marine species', `marine worm', and `shellfish' have the - meanings given those terms in section 6001 of title 12 of the - Maine Revised Statutes (as in effect on the date of enactment - of this section). - ``(3) State law.--The term `State law' means the law - (including regulations) of the State of Maine, including the - common law. - ``(4) Taking.--The term `taking' means the removal or - attempted removal of a marine species, marine worm, or - shellfish from the natural habitat of the marine species, - marine worm, or shellfish. + ``(1) Land within the park.--The term `land within the Park' + means land owned or controlled by the United States-- + ``(A) that is within the boundary of the Park established + by section 101; or + ``(B)(i) that is outside the boundary of the Park; and + ``(ii) in which the Secretary has or acquires a property + interest or conservation easement pursuant to this title. + ``(2) Marine species; marine worm; shellfish.--The terms + `marine species', `marine worm', and `shellfish' have the meanings + given those terms in section 6001 of title 12 of the Maine Revised + Statutes (as in effect on the date of enactment of this section). + ``(3) State law.--The term `State law' means the law (including + regulations) of the State of Maine, including the common law. + ``(4) Taking.--The term `taking' means the removal or attempted + removal of a marine species, marine worm, or shellfish from the + natural habitat of the marine species, marine worm, or shellfish. ``(b) Continuation of Traditional Uses.--The Secretary shall allow for the traditional taking of marine species, marine worms, and shellfish, on land within the Park between the mean high watermark and the mean low watermark in accordance with State law.''. (g) Conveyance of Certain Land in Acadia National Park to the Town of Bar Harbor, Maine.-- - (1) In general.--The Secretary shall convey to the Town of - Bar Harbor all right, title, and interest of the United States - in and to the .29-acre parcel of land in Acadia National Park - identified as lot 110-055-000 on the tax map of the Town of Bar - Harbor for section 110, dated April 1, 2015, to be used for-- - (A) a solid waste transfer facility; or - (B) other public purposes consistent with uses - allowed under the Act of June 14, 1926 (commonly known - as the ``Recreation and Public Purposes Act'') (44 - Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). - (2) Reversion.--If the land conveyed under paragraph (1) is - used for a purpose other than a purpose described in that - paragraph, the land shall, at the discretion of the Secretary, - revert to the United States. - + (1) In general.--The Secretary shall convey to the Town of Bar + Harbor all right, title, and interest of the United States in and + to the .29-acre parcel of land in Acadia National Park identified + as lot 110-055-000 on the tax map of the Town of Bar Harbor for + section 110, dated April 1, 2015, to be used for-- + (A) a solid waste transfer facility; or + (B) other public purposes consistent with uses allowed + under the Act of June 14, 1926 (commonly known as the + ``Recreation and Public Purposes Act'') (44 Stat. 741, chapter + 578; 43 U.S.C. 869 et seq.). + (2) Reversion.--If the land conveyed under paragraph (1) is + used for a purpose other than a purpose described in that + paragraph, the land shall, at the discretion of the Secretary, + revert to the United States. SEC. 2109. AUTHORITY OF SECRETARY OF THE INTERIOR TO ACCEPT CERTAIN - PROPERTIES, MISSOURI. - +PROPERTIES, MISSOURI. (a) Ste. Genevieve National Historical Park.--Section 7134(a)(3) of the Energy and Natural Resources Act of 2017 (as enacted into law by section 121(a)(2) of division G of the Consolidated Appropriations Act, @@ -9044,112 +8199,97 @@ Park Proposed Boundary Addition', numbered 571/149,942, and dated December 2018''. (b) Harry S Truman National Historic Site.--Public Law 98-32 (54 U.S.C. 320101 note) is amended-- - (1) in section 3, by striking the section designation and - all that follows through ``is authorized'' and inserting the - following: - + (1) in section 3, by striking the section designation and all + that follows through ``is authorized'' and inserting the following: ``SEC. 4. AUTHORIZATION OF APPROPRIATIONS. - ``There are authorized''; - (2) in section 2-- - (A) in the second sentence, by striking ``The - Secretary is further authorized, in the administration - of the site, to'' and inserting the following: + (2) in section 2-- + (A) in the second sentence, by striking ``The Secretary is + further authorized, in the administration of the site, to'' and + inserting the following: ``(b) Use by Margaret Truman Daniel.--In administering the Harry S Truman National Historic Site, the Secretary may''; and - (B) by striking the section designation and all - that follows through ``and shall be'' in the first - sentence and inserting the following: - + (B) by striking the section designation and all that + follows through ``and shall be'' in the first sentence and + inserting the following: ``SEC. 3. DESIGNATION; USE BY MARGARET TRUMAN DANIEL. - ``(a) Designation.--Any property acquired pursuant to section 2-- - ``(1) is designated as the `Harry S Truman National - Historic Site'; and - ``(2) shall be''; and - (3) in the first section-- - (A) by redesignating subsection (e) as paragraph - (2), indenting the paragraph appropriately, and moving - the paragraph so as to appear at the end of subsection - (c); - (B) in subsection (c)-- - (i) by striking the subsection designation - and all that follows through ``authorized to'' - and inserting the following: + ``(1) is designated as the `Harry S Truman National Historic + Site'; and + ``(2) shall be''; and + (3) in the first section-- + (A) by redesignating subsection (e) as paragraph (2), + indenting the paragraph appropriately, and moving the paragraph + so as to appear at the end of subsection (c); + (B) in subsection (c)-- + (i) by striking the subsection designation and all that + follows through ``authorized to'' and inserting the + following: ``(c) Truman Farm Home.-- - ``(1) In general.--The Secretary may''; and - (ii) in paragraph (2) (as redesignated by - subparagraph (A))-- - (I) by striking ``Farm House'' and - inserting ``Farm Home''; and - (II) by striking the paragraph - designation and all that follows - through ``authorized and directed to'' - and inserting the following: - ``(2) Technical and planning assistance.--The Secretary - shall''; - (C) in subsection (b)-- - (i) by striking ``(b)(1) The Secretary is - further authorized to'' and inserting the - following: + ``(1) In general.--The Secretary may''; and + (ii) in paragraph (2) (as redesignated by subparagraph + (A))-- + + (I) by striking ``Farm House'' and inserting ``Farm + Home''; and + (II) by striking the paragraph designation and all + that follows through ``authorized and directed to'' and + inserting the following: + + ``(2) Technical and planning assistance.--The Secretary + shall''; + (C) in subsection (b)-- + (i) by striking ``(b)(1) The Secretary is further + authorized to'' and inserting the following: ``(b) Noland/Haukenberry and Wallace Houses.-- - ``(1) In general.--The Secretary may''; and - (ii) in paragraph (1), by indenting - subparagraphs (A) and (B) appropriately; - (D) by adding at the end the following: + ``(1) In general.--The Secretary may''; and + (ii) in paragraph (1), by indenting subparagraphs (A) + and (B) appropriately; + (D) by adding at the end the following: ``(e) Additional Land in Independence for Visitor Center.-- - ``(1) In general.--The Secretary may acquire, by donation - from the city of Independence, Missouri, the land described in - paragraph (2) for-- - ``(A) inclusion in the Harry S Truman National - Historic Site; and - ``(B) if the Secretary determines appropriate, use - as a visitor center of the historic site, which may - include administrative services. - ``(2) Description of land.--The land referred to in - paragraph (1) consists of the approximately 1.08 acres of - land-- - ``(A) owned by the city of Independence, Missouri; - ``(B) designated as Lots 6 through 19, DELAYS - Subdivision, a subdivision in Independence, Jackson - County, Missouri; and - ``(C) located in the area of the city bound by - Truman Road on the south, North Lynn Street on the - west, East White Oak Street on the north, and the city - transit center on the east. - ``(3) Boundary modification.--On acquisition of the land - under this subsection, the Secretary shall modify the boundary - of the Harry S Truman National Historic Site to reflect that - acquisition.''; and - (E) in subsection (a)-- - (i) in the second sentence, by striking - ``The Secretary may also acquire, by any of the - above means, fixtures,'' and inserting the - following: - ``(2) Fixtures and personal property.--The Secretary may - acquire, by any means described in paragraph (1), any - fixtures''; and - (ii) in the first sentence-- - (I) by striking ``of the Interior - (hereinafter referred to as the - `Secretary')''; and - (II) by striking ``That (a) in - order to'' and inserting the following: + ``(1) In general.--The Secretary may acquire, by donation from + the city of Independence, Missouri, the land described in paragraph + (2) for-- + ``(A) inclusion in the Harry S Truman National Historic + Site; and + ``(B) if the Secretary determines appropriate, use as a + visitor center of the historic site, which may include + administrative services. + ``(2) Description of land.--The land referred to in paragraph + (1) consists of the approximately 1.08 acres of land-- + ``(A) owned by the city of Independence, Missouri; + ``(B) designated as Lots 6 through 19, DELAYS Subdivision, + a subdivision in Independence, Jackson County, Missouri; and + ``(C) located in the area of the city bound by Truman Road + on the south, North Lynn Street on the west, East White Oak + Street on the north, and the city transit center on the east. + ``(3) Boundary modification.--On acquisition of the land under + this subsection, the Secretary shall modify the boundary of the + Harry S Truman National Historic Site to reflect that + acquisition.''; and + (E) in subsection (a)-- + (i) in the second sentence, by striking ``The Secretary + may also acquire, by any of the above means, fixtures,'' + and inserting the following: + ``(2) Fixtures and personal property.--The Secretary may + acquire, by any means described in paragraph (1), any fixtures''; + and + (ii) in the first sentence-- + + (I) by striking ``of the Interior (hereinafter + referred to as the `Secretary')''; and + (II) by striking ``That (a) in order to'' and + inserting the following: ``SECTION 1. SHORT TITLE; DEFINITION OF SECRETARY. - ``(a) Short Title.--This Act may be cited as the `Harry S Truman National Historic Site Establishment Act'. ``(b) Definition of Secretary.--In this Act, the term `Secretary' means the Secretary of the Interior. - ``SEC. 2. PURPOSE; ACQUISITION OF PROPERTY. - ``(a) Purpose; Acquisition.-- - ``(1) In general.--To''. - + ``(1) In general.--To''. SEC. 2110. HOME OF FRANKLIN D. ROOSEVELT NATIONAL HISTORIC SITE. - (a) Land Acquisition.--The Secretary may acquire, by donation, purchase from a willing seller using donated or appropriated funds, or exchange, the approximately 89 acres of land identified as the ``Morgan @@ -9161,40 +8301,35 @@ shall be available for public inspection in the appropriate offices of the National Park Service. (c) Boundary Adjustment; Administration.--On acquisition of the land referred to in subsection (a), the Secretary shall-- - (1) adjust the boundary of the Home of Franklin D. - Roosevelt National Historic Site to reflect the acquisition; - and - (2) administer the acquired land as part of the Home of - Franklin D. Roosevelt National Historic Site, in accordance - with applicable laws. + (1) adjust the boundary of the Home of Franklin D. Roosevelt + National Historic Site to reflect the acquisition; and + (2) administer the acquired land as part of the Home of + Franklin D. Roosevelt National Historic Site, in accordance with + applicable laws. Subtitle C--National Park System Redesignations SEC. 2201. DESIGNATION OF SAINT-GAUDENS NATIONAL HISTORICAL PARK. - (a) In General.--The Saint-Gaudens National Historic Site shall be known and designated as the ``Saint-Gaudens National Historical Park''. (b) Amendments to Public Law 88-543.--Public Law 88-543 (78 Stat.749) is amended-- - (1) by striking ``National Historic Site'' each place it - appears and inserting ``National Historical Park''; - (2) in section 2(a), by striking ``historic site'' and - inserting ``Saint-Gaudens National Historical Park''; - (3) in section 3, by-- - (A) striking ``national historical site'' and - inserting ``Saint-Gaudens National Historical Park''; - and - (B) striking ``part of the site'' and inserting - ``part of the park''; and - (4) in section 4(b), by striking ``traditional to the - site'' and inserting ``traditional to the park''. + (1) by striking ``National Historic Site'' each place it + appears and inserting ``National Historical Park''; + (2) in section 2(a), by striking ``historic site'' and + inserting ``Saint-Gaudens National Historical Park''; + (3) in section 3, by-- + (A) striking ``national historical site'' and inserting + ``Saint-Gaudens National Historical Park''; and + (B) striking ``part of the site'' and inserting ``part of + the park''; and + (4) in section 4(b), by striking ``traditional to the site'' + and inserting ``traditional to the park''. (c) References.--Any reference in any law, regulation, document, record, map, or other paper of the United States to the Saint-Gaudens National Historic Site shall be considered to be a reference to the ``Saint-Gaudens National Historical Park''. - SEC. 2202. REDESIGNATION OF ROBERT EMMET PARK. - (a) Redesignation.--The small triangular property designated by the National Park Service as reservation 302, shall be known as ``Robert Emmet Park''. @@ -9204,30 +8339,26 @@ property referred to in subsection (a) is deemed to be a reference to ``Robert Emmet Park''. (c) Signage.--The Secretary may post signs on or near Robert Emmet Park that include 1 or more of the following: - (1) Information on Robert Emmet, his contribution to Irish - Independence, and his respect for the United States and the - American Revolution. - (2) Information on the history of the statue of Robert - Emmet located in Robert Emmet Park. - + (1) Information on Robert Emmet, his contribution to Irish + Independence, and his respect for the United States and the + American Revolution. + (2) Information on the history of the statue of Robert Emmet + located in Robert Emmet Park. SEC. 2203. FORT SUMTER AND FORT MOULTRIE NATIONAL HISTORICAL PARK. - (a) Definitions.--In this section: - (1) Map.--The term ``map'' means the map entitled - ``Boundary Map, Fort Sumter and Fort Moultrie National - Historical Park'', numbered 392/80,088, and dated August 2009. - (2) Park.--The term ``Park'' means the Fort Sumter and Fort - Moultrie National Historical Park established by subsection - (b). - (3) State.--The term ``State'' means the State of South - Carolina. - (4) Sullivan's island life saving station historic - district.--The term ``Sullivan's Island Life Saving Station - Historic District'' means the Charleston Lighthouse, the - boathouse, garage, bunker/sighting station, signal tower, and - any associated land and improvements to the land that are - located between Sullivan's Island Life Saving Station and the - mean low water mark. + (1) Map.--The term ``map'' means the map entitled ``Boundary + Map, Fort Sumter and Fort Moultrie National Historical Park'', + numbered 392/80,088, and dated August 2009. + (2) Park.--The term ``Park'' means the Fort Sumter and Fort + Moultrie National Historical Park established by subsection (b). + (3) State.--The term ``State'' means the State of South + Carolina. + (4) Sullivan's island life saving station historic district.-- + The term ``Sullivan's Island Life Saving Station Historic + District'' means the Charleston Lighthouse, the boathouse, garage, + bunker/sighting station, signal tower, and any associated land and + improvements to the land that are located between Sullivan's Island + Life Saving Station and the mean low water mark. (b) Establishment.--There is established the Fort Sumter and Fort Moultrie National Historical Park in the State as a single unit of the National Park System to preserve, maintain, and interpret the @@ -9241,50 +8372,45 @@ depicted on the map. for public inspection in the appropriate offices of the National Park Service. (e) Administration.-- - (1) In general.--The Secretary, acting through the Director - of the National Park Service, shall administer the Park in - accordance with this section and the laws generally applicable - to units of the National Park System, including-- - (A) section 100101(a), chapter 1003, and sections - 100751(a), 100752, 100753, and 102101 of title 54, - United States Code; and - (B) chapter 3201 of title 54, United States Code. - (2) Interpretation of historical events.--The Secretary - shall provide for the interpretation of historical events and - activities that occurred in the vicinity of Fort Sumter and - Fort Moultrie, including-- - (A) the Battle of Sullivan's Island on June 28, - 1776; - (B) the Siege of Charleston during 1780; - (C) the Civil War, including-- - (i) the bombardment of Fort Sumter by - Confederate forces on April 12, 1861; and - (ii) any other events of the Civil War that - are associated with Fort Sumter and Fort - Moultrie; - (D) the development of the coastal defense system - of the United States during the period from the - Revolutionary War to World War II, including-- - (i) the Sullivan's Island Life Saving - Station; - (ii) the lighthouse associated with the - Sullivan's Island Life Saving Station; and - (iii) the coastal defense sites constructed - during the period of fortification construction - from 1898 to 1942, known as the ``Endicott - Period''; and - (E) the lives of-- - (i) the free and enslaved workers who built - and maintained Fort Sumter and Fort Moultrie; - (ii) the soldiers who defended the forts; - (iii) the prisoners held at the forts; and - (iv) captive Africans bound for slavery - who, after first landing in the United States, - were brought to quarantine houses in the - vicinity of Fort Moultrie in the 18th century, - if the Secretary determines that the quarantine - houses and associated historical values are - nationally significant. + (1) In general.--The Secretary, acting through the Director of + the National Park Service, shall administer the Park in accordance + with this section and the laws generally applicable to units of the + National Park System, including-- + (A) section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753, and 102101 of title 54, United + States Code; and + (B) chapter 3201 of title 54, United States Code. + (2) Interpretation of historical events.--The Secretary shall + provide for the interpretation of historical events and activities + that occurred in the vicinity of Fort Sumter and Fort Moultrie, + including-- + (A) the Battle of Sullivan's Island on June 28, 1776; + (B) the Siege of Charleston during 1780; + (C) the Civil War, including-- + (i) the bombardment of Fort Sumter by Confederate + forces on April 12, 1861; and + (ii) any other events of the Civil War that are + associated with Fort Sumter and Fort Moultrie; + (D) the development of the coastal defense system of the + United States during the period from the Revolutionary War to + World War II, including-- + (i) the Sullivan's Island Life Saving Station; + (ii) the lighthouse associated with the Sullivan's + Island Life Saving Station; and + (iii) the coastal defense sites constructed during the + period of fortification construction from 1898 to 1942, + known as the ``Endicott Period''; and + (E) the lives of-- + (i) the free and enslaved workers who built and + maintained Fort Sumter and Fort Moultrie; + (ii) the soldiers who defended the forts; + (iii) the prisoners held at the forts; and + (iv) captive Africans bound for slavery who, after + first landing in the United States, were brought to + quarantine houses in the vicinity of Fort Moultrie in the + 18th century, if the Secretary determines that the + quarantine houses and associated historical values are + nationally significant. (f) Cooperative Agreements.--The Secretary may enter into cooperative agreements with public and private entities and individuals to carry out this section. @@ -9292,466 +8418,413 @@ to carry out this section. entitled ``Joint Resolution to establish the Fort Sumter National Monument in the State of South Carolina'', approved April 28, 1948 (16 U.S.C. 450ee-1), is repealed. - SEC. 2204. RECONSTRUCTION ERA NATIONAL HISTORICAL PARK AND - RECONSTRUCTION ERA NATIONAL HISTORIC NETWORK. - +RECONSTRUCTION ERA NATIONAL HISTORIC NETWORK. (a) Definitions.--In this section: - (1) Historical park.--The term ``historical park'' means - the Reconstruction Era National Historical Park. - (2) Map.--The term ``Map'' means the maps entitled - ``Reconstruction Era National Monument Old Beaufort - Firehouse'', numbered 550/135,755, and dated January 2017; - ``Reconstruction Era National Monument Darrah Hall and Brick - Baptist Church'', numbered 550/135,756, and dated January 2017; - and ``Reconstruction Era National Monument Camp Saxton'', - numbered 550/135,757, and dated January 2017, collectively. - (3) Network.--The term ``Network'' means the Reconstruction - Era National Historic Network established pursuant to this - section. + (1) Historical park.--The term ``historical park'' means the + Reconstruction Era National Historical Park. + (2) Map.--The term ``Map'' means the maps entitled + ``Reconstruction Era National Monument Old Beaufort Firehouse'', + numbered 550/135,755, and dated January 2017; ``Reconstruction Era + National Monument Darrah Hall and Brick Baptist Church'', numbered + 550/135,756, and dated January 2017; and ``Reconstruction Era + National Monument Camp Saxton'', numbered 550/135,757, and dated + January 2017, collectively. + (3) Network.--The term ``Network'' means the Reconstruction Era + National Historic Network established pursuant to this section. (b) Reconstruction Era National Historical Park.-- - (1) Redesignation of reconstruction era national - monument.-- - (A) In general.--The Reconstruction Era National - Monument is redesignated as the Reconstruction Era - National Historical Park, as generally depicted on the - Map. - (B) Availability of funds.--Any funds available for - the purposes of the Reconstruction Era National - Monument shall be available for the purposes of the - historical park. - (C) References.--Any references in a law, - regulation, document, record, map, or other paper of - the United States to the Reconstruction Era National - Monument shall be considered to be a reference to the - historical park. - (2) Boundary expansion.-- - (A) Beaufort national historic landmark district.-- - Subject to subparagraph (D), the Secretary is - authorized to acquire land or interests in land within - the Beaufort National Historic Landmark District that - has historic connection to the Reconstruction Era. Upon - finalizing an agreement to acquire land, the Secretary - shall expand the boundary of the historical park to - encompass the property. - (B) St. helena island.--Subject to subparagraph - (D), the Secretary is authorized to acquire the - following and shall expand the boundary of the - historical park to include acquisitions under this - authority: - (i) Land and interests in land adjacent to - the existing boundary on St. Helena Island, - South Carolina, as reflected on the Map. - (ii) Land or interests in land on St. - Helena Island, South Carolina, that has a - historic connection to the Reconstruction Era. - (C) Camp saxton.--Subject to subparagraph (D), the - Secretary is authorized to accept administrative - jurisdiction of Federal land or interests in Federal - land adjacent to the existing boundary at Camp Saxton, - as reflected on the Map. Upon finalizing an agreement - to accept administrative jurisdiction of Federal land - or interests in Federal land, the Secretary shall - expand the boundary of the historical park to encompass - that Federal land or interests in Federal land. - (D) Land acquisition authority.--The Secretary may - only acquire land under this section by donation, - exchange, or purchase with donated funds. - (3) Administration.-- - (A) In general.--The Secretary shall administer the - historical park in accordance with this section and - with the laws generally applicable to units of the - National Park System. - (B) Management plan.--If the management plan for - the Reconstruction Era National Monument-- - (i) has not been completed on or before the - date of enactment of this Act, the Secretary - shall incorporate all provisions of this - section into the planning process and complete - a management plan for the historical park - within 3 years; and - (ii) has been completed on or before the - date of enactment of this Act, the Secretary - shall update the plan incorporating the - provisions of this section. + (1) Redesignation of reconstruction era national monument.-- + (A) In general.--The Reconstruction Era National Monument + is redesignated as the Reconstruction Era National Historical + Park, as generally depicted on the Map. + (B) Availability of funds.--Any funds available for the + purposes of the Reconstruction Era National Monument shall be + available for the purposes of the historical park. + (C) References.--Any references in a law, regulation, + document, record, map, or other paper of the United States to + the Reconstruction Era National Monument shall be considered to + be a reference to the historical park. + (2) Boundary expansion.-- + (A) Beaufort national historic landmark district.--Subject + to subparagraph (D), the Secretary is authorized to acquire + land or interests in land within the Beaufort National Historic + Landmark District that has historic connection to the + Reconstruction Era. Upon finalizing an agreement to acquire + land, the Secretary shall expand the boundary of the historical + park to encompass the property. + (B) St. helena island.--Subject to subparagraph (D), the + Secretary is authorized to acquire the following and shall + expand the boundary of the historical park to include + acquisitions under this authority: + (i) Land and interests in land adjacent to the existing + boundary on St. Helena Island, South Carolina, as reflected + on the Map. + (ii) Land or interests in land on St. Helena Island, + South Carolina, that has a historic connection to the + Reconstruction Era. + (C) Camp saxton.--Subject to subparagraph (D), the + Secretary is authorized to accept administrative jurisdiction + of Federal land or interests in Federal land adjacent to the + existing boundary at Camp Saxton, as reflected on the Map. Upon + finalizing an agreement to accept administrative jurisdiction + of Federal land or interests in Federal land, the Secretary + shall expand the boundary of the historical park to encompass + that Federal land or interests in Federal land. + (D) Land acquisition authority.--The Secretary may only + acquire land under this section by donation, exchange, or + purchase with donated funds. + (3) Administration.-- + (A) In general.--The Secretary shall administer the + historical park in accordance with this section and with the + laws generally applicable to units of the National Park System. + (B) Management plan.--If the management plan for the + Reconstruction Era National Monument-- + (i) has not been completed on or before the date of + enactment of this Act, the Secretary shall incorporate all + provisions of this section into the planning process and + complete a management plan for the historical park within 3 + years; and + (ii) has been completed on or before the date of + enactment of this Act, the Secretary shall update the plan + incorporating the provisions of this section. (c) Reconstruction Era National Historic Network.-- - (1) In general.--The Secretary shall-- - (A) establish, within the National Park Service, a - program to be known as the ``Reconstruction Era - National Historic Network''; - (B) not later than 1 year after the date of - enactment of this Act, solicit proposals from sites - interested in being a part of the Network; and - (C) administer the Network through the historical - park. - (2) Duties of secretary.--In carrying out the Network, the - Secretary shall-- - (A) review studies and reports to complement and - not duplicate studies of the historical importance of - Reconstruction Era that may be underway or completed, - such as the National Park Service Reconstruction - Handbook and the National Park Service Theme Study on - Reconstruction; - (B) produce and disseminate appropriate educational - and promotional materials relating to the - Reconstruction Era and the sites in the Network, such - as handbooks, maps, interpretive guides, or electronic - information; - (C) enter into appropriate cooperative agreements - and memoranda of understanding to provide technical - assistance; - (D)(i) create and adopt an official, uniform symbol - or device for the Network; and - (ii) issue regulations for the use of the symbol or - device adopted under clause (i); and - (E) conduct research relating to Reconstruction and - the Reconstruction Era. - (3) Elements.--The Network shall encompass the following - elements: - (A) All units and programs of the National Park - Service that are determined by the Secretary to relate - to the Reconstruction Era. - (B) Other Federal, State, local, and privately - owned properties that the Secretary determines-- - (i) relate to the Reconstruction Era; and - (ii) are included in, or determined by the - Secretary to be eligible for inclusion in, the - National Register of Historic Places. - (C) Other governmental and nongovernmental sites, - facilities, and programs of an educational, research, - or interpretive nature that are directly related to the - Reconstruction Era. - (4) Cooperative agreements and memoranda of - understanding.--To achieve the purposes of this section and to - ensure effective coordination of the Federal and non-Federal - elements of the Network and units and programs of the National - Park Service, the Secretary may enter into cooperative - agreements and memoranda of understanding with, and provide - technical assistance to, the heads of other Federal agencies, - States, units of local government, regional governmental - bodies, and private entities. - + (1) In general.--The Secretary shall-- + (A) establish, within the National Park Service, a program + to be known as the ``Reconstruction Era National Historic + Network''; + (B) not later than 1 year after the date of enactment of + this Act, solicit proposals from sites interested in being a + part of the Network; and + (C) administer the Network through the historical park. + (2) Duties of secretary.--In carrying out the Network, the + Secretary shall-- + (A) review studies and reports to complement and not + duplicate studies of the historical importance of + Reconstruction Era that may be underway or completed, such as + the National Park Service Reconstruction Handbook and the + National Park Service Theme Study on Reconstruction; + (B) produce and disseminate appropriate educational and + promotional materials relating to the Reconstruction Era and + the sites in the Network, such as handbooks, maps, interpretive + guides, or electronic information; + (C) enter into appropriate cooperative agreements and + memoranda of understanding to provide technical assistance; + (D)(i) create and adopt an official, uniform symbol or + device for the Network; and + (ii) issue regulations for the use of the symbol or device + adopted under clause (i); and + (E) conduct research relating to Reconstruction and the + Reconstruction Era. + (3) Elements.--The Network shall encompass the following + elements: + (A) All units and programs of the National Park Service + that are determined by the Secretary to relate to the + Reconstruction Era. + (B) Other Federal, State, local, and privately owned + properties that the Secretary determines-- + (i) relate to the Reconstruction Era; and + (ii) are included in, or determined by the Secretary to + be eligible for inclusion in, the National Register of + Historic Places. + (C) Other governmental and nongovernmental sites, + facilities, and programs of an educational, research, or + interpretive nature that are directly related to the + Reconstruction Era. + (4) Cooperative agreements and memoranda of understanding.--To + achieve the purposes of this section and to ensure effective + coordination of the Federal and non-Federal elements of the Network + and units and programs of the National Park Service, the Secretary + may enter into cooperative agreements and memoranda of + understanding with, and provide technical assistance to, the heads + of other Federal agencies, States, units of local government, + regional governmental bodies, and private entities. SEC. 2205. GOLDEN SPIKE NATIONAL HISTORICAL PARK. - (a) Definitions.--In this section: - (1) Park.--The term ``Park'' means the Golden Spike - National Historical Park designated by subsection (b)(1). - (2) Program.--The term ``Program'' means the program to - commemorate and interpret the Transcontinental Railroad - authorized under subsection (c). - (3) Secretary.--The term ``Secretary'' means the Secretary, - acting through the Director of the National Park Service. - (4) Transcontinental railroad.--The term ``Transcontinental - Railroad'' means the approximately 1,912-mile continuous - railroad constructed between 1863 and 1869 extending from - Council Bluffs, Iowa, to San Francisco, California. + (1) Park.--The term ``Park'' means the Golden Spike National + Historical Park designated by subsection (b)(1). + (2) Program.--The term ``Program'' means the program to + commemorate and interpret the Transcontinental Railroad authorized + under subsection (c). + (3) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the National Park Service. + (4) Transcontinental railroad.--The term ``Transcontinental + Railroad'' means the approximately 1,912-mile continuous railroad + constructed between 1863 and 1869 extending from Council Bluffs, + Iowa, to San Francisco, California. (b) Redesignation.-- - (1) Redesignation.--The Golden Spike National Historic Site - designated April 2, 1957, and placed under the administration - of the National Park Service under Public Law 89-102 (54 U.S.C. - 320101 note; 79 Stat. 426), shall be known and designated as - the ``Golden Spike National Historical Park''. - (2) References.--Any reference in a law, map, regulation, - document, paper, or other record of the United States to the - Golden Spike National Historic Site shall be considered to be a - reference to the ``Golden Spike National Historical Park''. + (1) Redesignation.--The Golden Spike National Historic Site + designated April 2, 1957, and placed under the administration of + the National Park Service under Public Law 89-102 (54 U.S.C. 320101 + note; 79 Stat. 426), shall be known and designated as the ``Golden + Spike National Historical Park''. + (2) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the Golden + Spike National Historic Site shall be considered to be a reference + to the ``Golden Spike National Historical Park''. (c) Transcontinental Railroad Commemoration and Program.-- - (1) In general.--Subject to paragraph (2), the Secretary - shall establish within the National Park Service a program to - commemorate and interpret the Transcontinental Railroad. - (2) Study.--Before establishing the Program, the Secretary - shall conduct a study of alternatives for commemorating and - interpreting the Transcontinental Railroad that includes-- - (A) a historical assessment of the Transcontinental - Railroad; - (B) the identification of-- - (i) existing National Park System land and - affiliated areas, land managed by other Federal - agencies, and Federal programs that may be - related to preserving, commemorating, and - interpreting the Transcontinental Railroad; - (ii) any properties relating to the - Transcontinental Railroad-- - (I) that are designated as, or - could meet the criteria for designation - as, National Historic Landmarks; or - (II) that are included, or eligible - for inclusion, on the National Register - of Historic Places; - (iii) any objects relating to the - Transcontinental Railroad that have - educational, research, or interpretative value; - and - (iv) any governmental programs and - nongovernmental programs of an educational, - research, or interpretive nature relating to - the Transcontinental Railroad; and - (C) recommendations for-- - (i) incorporating the resources identified - under subparagraph (B) into the Program; and - (ii) other appropriate ways to enhance - historical research, education, interpretation, - and public awareness of the Transcontinental - Railroad. - (3) Report.--Not later than 3 years after the date on which - funds are made available to carry out the study under paragraph - (2), the Secretary shall submit to the Committee on Natural - Resources of the House of Representatives and the Committee on - Energy and Natural Resources of the Senate a report containing - the findings and recommendations of the study. - (4) Freight railroad operations.--The Program shall not - include any properties that are-- - (A) used in active freight railroad operations (or - other ancillary purposes); or - (B) reasonably anticipated to be used for freight - railroad operations in the future. - (5) Elements of the program.--In carrying out the Program - under this subsection, the Secretary-- - (A) shall produce and disseminate appropriate - education materials relating to the history, - construction, and legacy of the Transcontinental - Railroad, such as handbooks, maps, interpretive guides, - or electronic information; - (B) may enter into appropriate cooperative - agreements and memoranda of understanding and provide - technical assistance to the heads of other Federal - agencies, States, units of local government, regional - governmental bodies, and private entities to further - the purposes of the Program and this section; and - (C) may-- - (i) create and adopt an official, uniform - symbol or device to identify the Program; and - (ii) issue guidance for the use of the - symbol or device created and adopted under - clause (i). + (1) In general.--Subject to paragraph (2), the Secretary shall + establish within the National Park Service a program to commemorate + and interpret the Transcontinental Railroad. + (2) Study.--Before establishing the Program, the Secretary + shall conduct a study of alternatives for commemorating and + interpreting the Transcontinental Railroad that includes-- + (A) a historical assessment of the Transcontinental + Railroad; + (B) the identification of-- + (i) existing National Park System land and affiliated + areas, land managed by other Federal agencies, and Federal + programs that may be related to preserving, commemorating, + and interpreting the Transcontinental Railroad; + (ii) any properties relating to the Transcontinental + Railroad-- + + (I) that are designated as, or could meet the + criteria for designation as, National Historic + Landmarks; or + (II) that are included, or eligible for inclusion, + on the National Register of Historic Places; + + (iii) any objects relating to the Transcontinental + Railroad that have educational, research, or interpretative + value; and + (iv) any governmental programs and nongovernmental + programs of an educational, research, or interpretive + nature relating to the Transcontinental Railroad; and + (C) recommendations for-- + (i) incorporating the resources identified under + subparagraph (B) into the Program; and + (ii) other appropriate ways to enhance historical + research, education, interpretation, and public awareness + of the Transcontinental Railroad. + (3) Report.--Not later than 3 years after the date on which + funds are made available to carry out the study under paragraph + (2), the Secretary shall submit to the Committee on Natural + Resources of the House of Representatives and the Committee on + Energy and Natural Resources of the Senate a report containing the + findings and recommendations of the study. + (4) Freight railroad operations.--The Program shall not include + any properties that are-- + (A) used in active freight railroad operations (or other + ancillary purposes); or + (B) reasonably anticipated to be used for freight railroad + operations in the future. + (5) Elements of the program.--In carrying out the Program under + this subsection, the Secretary-- + (A) shall produce and disseminate appropriate education + materials relating to the history, construction, and legacy of + the Transcontinental Railroad, such as handbooks, maps, + interpretive guides, or electronic information; + (B) may enter into appropriate cooperative agreements and + memoranda of understanding and provide technical assistance to + the heads of other Federal agencies, States, units of local + government, regional governmental bodies, and private entities + to further the purposes of the Program and this section; and + (C) may-- + (i) create and adopt an official, uniform symbol or + device to identify the Program; and + (ii) issue guidance for the use of the symbol or device + created and adopted under clause (i). (d) Programmatic Agreement.-- - (1) In general.--Not later than 180 days after the date of - enactment of this Act, the Secretary shall seek to enter into a - programmatic agreement with the Utah State Historic - Preservation Officer to add to the list of undertakings - eligible for streamlined review under section 306108 of title - 54, United States Code, certain uses that would have limited - physical impact to land in the Park. - (2) Development and consultation.--The programmatic - agreement entered into under paragraph (1) shall be developed-- - (A) in accordance with applicable laws (including - regulations); and - (B) in consultation with adjacent landowners, - Indian Tribes, and other interested parties. - (3) Approval.--The Secretary shall-- - (A) consider any application for uses covered by - the programmatic agreement; and - (B) not later than 60 days after the receipt of an - application described in subparagraph (A), approve the - application, if the Secretary determines the - application is consistent with-- - (i) the programmatic agreement entered into - under paragraph (1); and - (ii) applicable laws (including - regulations). + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall seek to enter into a + programmatic agreement with the Utah State Historic Preservation + Officer to add to the list of undertakings eligible for streamlined + review under section 306108 of title 54, United States Code, + certain uses that would have limited physical impact to land in the + Park. + (2) Development and consultation.--The programmatic agreement + entered into under paragraph (1) shall be developed-- + (A) in accordance with applicable laws (including + regulations); and + (B) in consultation with adjacent landowners, Indian + Tribes, and other interested parties. + (3) Approval.--The Secretary shall-- + (A) consider any application for uses covered by the + programmatic agreement; and + (B) not later than 60 days after the receipt of an + application described in subparagraph (A), approve the + application, if the Secretary determines the application is + consistent with-- + (i) the programmatic agreement entered into under + paragraph (1); and + (ii) applicable laws (including regulations). (e) Invasive Species.--The Secretary shall consult with, and seek to coordinate with, adjacent landowners to address the treatment of invasive species adjacent to, and within the boundaries of, the Park. - SEC. 2206. WORLD WAR II PACIFIC SITES. - (a) Pearl Harbor National Memorial, Hawai'i.-- - (1) Definitions.--In this subsection: - (A) Map.--The term ``Map'' means the map entitled - ``Pearl Harbor National Memorial--Proposed Boundary'', - numbered 580/140,514, and dated November 2017. - (B) National memorial.--The term ``National - Memorial'' means the Pearl Harbor National Memorial - established by paragraph (2)(A)(i). - (2) Pearl harbor national memorial.-- - (A) Establishment.-- - (i) In general.--There is established the - Pearl Harbor National Memorial in the State of - Hawai'i as a unit of the National Park System. - (ii) Boundaries.--The boundaries of the - National Memorial shall be the boundaries - generally depicted on the Map. - (iii) Availability of map.--The Map shall - be on file and available for public inspection - in appropriate offices of the National Park - Service. - (B) Purposes.--The purposes of the National - Memorial are to preserve, interpret, and commemorate - for the benefit of present and future generations the - history of World War II in the Pacific from the events - leading to the December 7, 1941, attack on O'ahu, to - peace and reconciliation. - (3) Administration.--The Secretary shall administer the - National Memorial in accordance with this subsection, section - 121 of Public Law 111-88 (123 Stat. 2930), and the laws - generally applicable to units of the National Park System - including-- - (A) section 100101(a), chapter 1003, and sections - 100751(a), 100752, 100753, and 102101 of title 54, - United States Code; and - (B) chapter 3201 of title 54, United States Code. - (4) Removal of pearl harbor national memorial from the - world war ii valor in the pacific national monument.-- - (A) Boundaries.--The boundaries of the World War II - Valor in the Pacific National Monument are revised to - exclude from the monument the land and interests in - land identified as the ``Pearl Harbor National - Memorial'', as depicted on the Map. - (B) Incorporation into national memorial.-- - (i) In general.--The land and interests in - land excluded from the monument under - subparagraph (A) are incorporated in and made - part of the National Memorial in accordance - with this subsection. - (ii) Use of funds.--Any funds for the - purposes of the land and interests in land - excluded from the monument under subparagraph - (A) shall be made available for the purposes of - the National Memorial. - (iii) References.--Any reference in a law - (other than this section), regulation, - document, record, map, or other paper of the - United States to resources in the State of - Hawai'i included in the World War II Valor in - the Pacific National Monument shall be - considered a reference to the ``Pearl Harbor - National Memorial''. + (1) Definitions.--In this subsection: + (A) Map.--The term ``Map'' means the map entitled ``Pearl + Harbor National Memorial--Proposed Boundary'', numbered 580/ + 140,514, and dated November 2017. + (B) National memorial.--The term ``National Memorial'' + means the Pearl Harbor National Memorial established by + paragraph (2)(A)(i). + (2) Pearl harbor national memorial.-- + (A) Establishment.-- + (i) In general.--There is established the Pearl Harbor + National Memorial in the State of Hawai'i as a unit of the + National Park System. + (ii) Boundaries.--The boundaries of the National + Memorial shall be the boundaries generally depicted on the + Map. + (iii) Availability of map.--The Map shall be on file + and available for public inspection in appropriate offices + of the National Park Service. + (B) Purposes.--The purposes of the National Memorial are to + preserve, interpret, and commemorate for the benefit of present + and future generations the history of World War II in the + Pacific from the events leading to the December 7, 1941, attack + on O'ahu, to peace and reconciliation. + (3) Administration.--The Secretary shall administer the + National Memorial in accordance with this subsection, section 121 + of Public Law 111-88 (123 Stat. 2930), and the laws generally + applicable to units of the National Park System including-- + (A) section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753, and 102101 of title 54, United + States Code; and + (B) chapter 3201 of title 54, United States Code. + (4) Removal of pearl harbor national memorial from the world + war ii valor in the pacific national monument.-- + (A) Boundaries.--The boundaries of the World War II Valor + in the Pacific National Monument are revised to exclude from + the monument the land and interests in land identified as the + ``Pearl Harbor National Memorial'', as depicted on the Map. + (B) Incorporation into national memorial.-- + (i) In general.--The land and interests in land + excluded from the monument under subparagraph (A) are + incorporated in and made part of the National Memorial in + accordance with this subsection. + (ii) Use of funds.--Any funds for the purposes of the + land and interests in land excluded from the monument under + subparagraph (A) shall be made available for the purposes + of the National Memorial. + (iii) References.--Any reference in a law (other than + this section), regulation, document, record, map, or other + paper of the United States to resources in the State of + Hawai'i included in the World War II Valor in the Pacific + National Monument shall be considered a reference to the + ``Pearl Harbor National Memorial''. (b) Tule Lake National Monument, California.-- - (1) In general.--The areas of the World War II Valor in the - Pacific National Monument located in the State of California, - as established by Presidential Proclamation 8327 (73 Fed. Reg. - 75293; December 10, 2008), are redesignated as the ``Tule Lake - National Monument''. - (2) Administration.--The Secretary shall administer the - Tule Lake National Monument in accordance with the provisions - of Presidential Proclamation 8327 (73 Fed. Reg. 75293; December - 10, 2008) applicable to the sites and resources in the State of - California that are subject to that proclamation. - (3) References.--Any reference in a law (other than this - section), regulation, document, record, map, or other paper of - the United States to resources in the State of California - included in the World War II Valor in the Pacific National - Monument shall be considered to be a reference to ``Tule Lake - National Monument''. + (1) In general.--The areas of the World War II Valor in the + Pacific National Monument located in the State of California, as + established by Presidential Proclamation 8327 (73 Fed. Reg. 75293; + December 10, 2008), are redesignated as the ``Tule Lake National + Monument''. + (2) Administration.--The Secretary shall administer the Tule + Lake National Monument in accordance with the provisions of + Presidential Proclamation 8327 (73 Fed. Reg. 75293; December 10, + 2008) applicable to the sites and resources in the State of + California that are subject to that proclamation. + (3) References.--Any reference in a law (other than this + section), regulation, document, record, map, or other paper of the + United States to resources in the State of California included in + the World War II Valor in the Pacific National Monument shall be + considered to be a reference to ``Tule Lake National Monument''. (c) Aleutian Islands World War II National Monument, Alaska.-- - (1) In general.--The areas of the World War II Valor in the - Pacific National Monument located in the State of Alaska, as - established by Presidential Proclamation 8327 (73 Fed. Reg. - 75293; December 10, 2008), are redesignated as the ``Aleutian - Islands World War II National Monument''. - (2) Administration.--The Secretary shall administer the - Aleutian Islands World War II National Monument in accordance - with the provisions of Presidential Proclamation 8327 (73 Fed. - Reg. 75293; December 10, 2008) applicable to the sites and - resources in the State of Alaska that are subject to that - proclamation. - (3) References.--Any reference in a law (other than this - section), regulation, document, record, map, or other paper of - the United States to the sites and resources in the State of - Alaska included in the World War II Valor in the Pacific - National Monument shall be considered to be a reference to the - ``Aleutian Islands World War II National Monument''. + (1) In general.--The areas of the World War II Valor in the + Pacific National Monument located in the State of Alaska, as + established by Presidential Proclamation 8327 (73 Fed. Reg. 75293; + December 10, 2008), are redesignated as the ``Aleutian Islands + World War II National Monument''. + (2) Administration.--The Secretary shall administer the + Aleutian Islands World War II National Monument in accordance with + the provisions of Presidential Proclamation 8327 (73 Fed. Reg. + 75293; December 10, 2008) applicable to the sites and resources in + the State of Alaska that are subject to that proclamation. + (3) References.--Any reference in a law (other than this + section), regulation, document, record, map, or other paper of the + United States to the sites and resources in the State of Alaska + included in the World War II Valor in the Pacific National Monument + shall be considered to be a reference to the ``Aleutian Islands + World War II National Monument''. (d) Honouliuli National Historic Site, Hawai'i.-- - (1) Definitions.--In this subsection: - (A) Historic site.--The term ``Historic Site'' - means the Honouliuli National Historic Site established - by paragraph (2)(A)(i). - (B) Map.--The term ``Map'' means the map entitled - ``Honouliuli National Historic Site--Proposed - Boundary'', numbered 680/139428, and dated June 2017. - (2) Honouliuli national historic site.-- - (A) Establishment.-- - (i) In general.--There is established the - Honouliuli National Historic Site in the State - of Hawai'i as a unit of the National Park - System. - (ii) Boundaries.--The boundaries of the - Historic Site shall be the boundaries generally - depicted on the Map. - (iii) Availability of map.--The Map shall - be on file and available for public inspection - in appropriate offices of the National Park - Service. - (B) Purposes.--The purposes of the Historic Site - are to preserve and interpret for the benefit of - present and future generations the history associated - with the internment and detention of civilians of - Japanese and other ancestries during World War II in - Hawai'i, the impacts of war and martial law on society - in the Hawaiian Islands, and the co-location and - diverse experiences of Prisoners of War at the - Honouliuli Internment Camp site. - (3) Administration.-- - (A) In general.--The Secretary shall administer the - Historic Site in accordance with this subsection and - the laws generally applicable to units of the National - Park System, including-- - (i) section 100101(a), chapter 1003, and - sections 100751(a), 100752, 100753, and 102101 - of title 54, United States Code; and - (ii) chapter 3201 of title 54, United - States Code. - (B) Partnerships.-- - (i) In general.--The Secretary may enter - into agreements with, or acquire easements - from, the owners of property adjacent to the - Historic Site to provide public access to the - Historic Site. - (ii) Interpretation.--The Secretary may - enter into cooperative agreements with - governmental and nongovernmental organizations - to provide for interpretation at the Historic - Site. - (C) Shared resources.--To the maximum extent - practicable, the Secretary may use the resources of the - Pearl Harbor National Memorial to administer the - Historic Site. - (4) Abolishment of honouliuli national monument.-- - (A) In general.--In light of the establishment of - the Honouliuli National Historic Site, the Honouliuli - National Monument is abolished and the lands and - interests therein are incorporated within and made part - of Honouliuli National Historic Site. Any funds - available for purposes of Honouliuli National Monument - shall be available for purposes of the Historic Site. - (B) References.--Any references in law (other than - in this section), regulation, document, record, map or - other paper of the United States to Honouliuli National - Monument shall be considered a reference to Honouliuli - National Historic Site. + (1) Definitions.--In this subsection: + (A) Historic site.--The term ``Historic Site'' means the + Honouliuli National Historic Site established by paragraph + (2)(A)(i). + (B) Map.--The term ``Map'' means the map entitled + ``Honouliuli National Historic Site--Proposed Boundary'', + numbered 680/139428, and dated June 2017. + (2) Honouliuli national historic site.-- + (A) Establishment.-- + (i) In general.--There is established the Honouliuli + National Historic Site in the State of Hawai'i as a unit of + the National Park System. + (ii) Boundaries.--The boundaries of the Historic Site + shall be the boundaries generally depicted on the Map. + (iii) Availability of map.--The Map shall be on file + and available for public inspection in appropriate offices + of the National Park Service. + (B) Purposes.--The purposes of the Historic Site are to + preserve and interpret for the benefit of present and future + generations the history associated with the internment and + detention of civilians of Japanese and other ancestries during + World War II in Hawai'i, the impacts of war and martial law on + society in the Hawaiian Islands, and the co-location and + diverse experiences of Prisoners of War at the Honouliuli + Internment Camp site. + (3) Administration.-- + (A) In general.--The Secretary shall administer the + Historic Site in accordance with this subsection and the laws + generally applicable to units of the National Park System, + including-- + (i) section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753, and 102101 of title 54, United + States Code; and + (ii) chapter 3201 of title 54, United States Code. + (B) Partnerships.-- + (i) In general.--The Secretary may enter into + agreements with, or acquire easements from, the owners of + property adjacent to the Historic Site to provide public + access to the Historic Site. + (ii) Interpretation.--The Secretary may enter into + cooperative agreements with governmental and + nongovernmental organizations to provide for interpretation + at the Historic Site. + (C) Shared resources.--To the maximum extent practicable, + the Secretary may use the resources of the Pearl Harbor + National Memorial to administer the Historic Site. + (4) Abolishment of honouliuli national monument.-- + (A) In general.--In light of the establishment of the + Honouliuli National Historic Site, the Honouliuli National + Monument is abolished and the lands and interests therein are + incorporated within and made part of Honouliuli National + Historic Site. Any funds available for purposes of Honouliuli + National Monument shall be available for purposes of the + Historic Site. + (B) References.--Any references in law (other than in this + section), regulation, document, record, map or other paper of + the United States to Honouliuli National Monument shall be + considered a reference to Honouliuli National Historic Site. Subtitle D--New Units of the National Park System SEC. 2301. MEDGAR AND MYRLIE EVERS HOME NATIONAL MONUMENT. - (a) Definitions.--In this section: - (1) College.--The term ``College'' means Tougaloo College, - a private educational institution located in Tougaloo, - Mississippi. - (2) Historic district.--The term ``Historic District'' - means the Medgar Evers Historic District, as included on the - National Register of Historic Places, and as generally depicted - on the Map. - (3) Map.--The term ``Map'' means the map entitled ``Medgar - and Myrlie Evers Home National Monument'', numbered 515/142561, - and dated September 2018. - (4) Monument.--The term ``Monument'' means the Medgar and - Myrlie Evers Home National Monument established by subsection - (b). - (5) Secretary.--The term ``Secretary'' means the Secretary, - acting through the Director of the National Park Service. + (1) College.--The term ``College'' means Tougaloo College, a + private educational institution located in Tougaloo, Mississippi. + (2) Historic district.--The term ``Historic District'' means + the Medgar Evers Historic District, as included on the National + Register of Historic Places, and as generally depicted on the Map. + (3) Map.--The term ``Map'' means the map entitled ``Medgar and + Myrlie Evers Home National Monument'', numbered 515/142561, and + dated September 2018. + (4) Monument.--The term ``Monument'' means the Medgar and + Myrlie Evers Home National Monument established by subsection (b). + (5) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the National Park Service. (b) Establishment.-- - (1) In general.--Subject to paragraph (2), there is - established the Medgar and Myrlie Evers Home National Monument - in the State of Mississippi as a unit of the National Park - System to preserve, protect, and interpret for the benefit of - present and future generations resources associated with the - pivotal roles of Medgar and Myrlie Evers in the American Civil - Rights Movement. - (2) Determination by the secretary.--The Monument shall not - be established until the date on which the Secretary determines - that a sufficient quantity of land or interests in land has - been acquired to constitute a manageable park unit. + (1) In general.--Subject to paragraph (2), there is established + the Medgar and Myrlie Evers Home National Monument in the State of + Mississippi as a unit of the National Park System to preserve, + protect, and interpret for the benefit of present and future + generations resources associated with the pivotal roles of Medgar + and Myrlie Evers in the American Civil Rights Movement. + (2) Determination by the secretary.--The Monument shall not be + established until the date on which the Secretary determines that a + sufficient quantity of land or interests in land has been acquired + to constitute a manageable park unit. (c) Boundaries.--The boundaries of the Monument shall be the boundaries generally depicted on the Map. (d) Availability of Map.--The Map shall be on file and available @@ -9759,153 +8832,140 @@ for public inspection in the appropriate offices of the National Park Service. (e) Acquisition Authority.--The Secretary may only acquire any land or interest in land located within the boundary of the Monument by-- - (1) donation; - (2) purchase from a willing seller with donated or - appropriated funds; or - (3) exchange. + (1) donation; + (2) purchase from a willing seller with donated or appropriated + funds; or + (3) exchange. (f) Administration.-- - (1) In general.--The Secretary shall administer the - Monument in accordance with-- - (A) this section; and - (B) the laws generally applicable to units of the - National Park System, including-- - (i) section 100101(a), chapter 1003, and - sections 100751(a), 100752, 100753, and 102101 - of title 54, United States Code; and - (ii) chapter 3201 of title 54, United - States Code. - (2) Management plan.-- - (A) In general.--Not later than 3 years after the - date on which funds are first made available to the - Secretary for this purpose, the Secretary shall prepare - a general management plan for the Monument in - accordance with section 100502 of title 54, United - States Code. - (B) Submission.--On completion of the general - management plan under subparagraph (A), the Secretary - shall submit it to the Committee on Natural Resources - of the House of Representatives and the Committee on - Energy and Natural Resources of the Senate. + (1) In general.--The Secretary shall administer the Monument in + accordance with-- + (A) this section; and + (B) the laws generally applicable to units of the National + Park System, including-- + (i) section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753, and 102101 of title 54, United + States Code; and + (ii) chapter 3201 of title 54, United States Code. + (2) Management plan.-- + (A) In general.--Not later than 3 years after the date on + which funds are first made available to the Secretary for this + purpose, the Secretary shall prepare a general management plan + for the Monument in accordance with section 100502 of title 54, + United States Code. + (B) Submission.--On completion of the general management + plan under subparagraph (A), the Secretary shall submit it to + the Committee on Natural Resources of the House of + Representatives and the Committee on Energy and Natural + Resources of the Senate. (g) Agreements.-- - (1) Monument.--The Secretary-- - (A) shall seek to enter into an agreement with the - College to provide interpretive and educational - services relating to the Monument; and - (B) may enter into agreements with the College and - other entities for the purposes of carrying out this - section. - (2) Historic district.--The Secretary may enter into - agreements with the owner of a nationally significant property - within the Historic District, to identify, mark, interpret, and - provide technical assistance with respect to the preservation - and interpretation of the property. - + (1) Monument.--The Secretary-- + (A) shall seek to enter into an agreement with the College + to provide interpretive and educational services relating to + the Monument; and + (B) may enter into agreements with the College and other + entities for the purposes of carrying out this section. + (2) Historic district.--The Secretary may enter into agreements + with the owner of a nationally significant property within the + Historic District, to identify, mark, interpret, and provide + technical assistance with respect to the preservation and + interpretation of the property. SEC. 2302. MILL SPRINGS BATTLEFIELD NATIONAL MONUMENT. - (a) Definitions.--In this section: - (1) Map.--The term ``Map'' means the map entitled ``Mill - Springs Battlefield National Monument, Nancy, Kentucky'', - numbered 297/145513, and dated June 2018. - (2) Monument.--The term ``Monument'' means the Mill Springs - Battlefield National Monument established by subsection (b)(1). - (3) Secretary.--The term ``Secretary'' means the Secretary, - acting through the Director of the National Park Service. + (1) Map.--The term ``Map'' means the map entitled ``Mill + Springs Battlefield National Monument, Nancy, Kentucky'', numbered + 297/145513, and dated June 2018. + (2) Monument.--The term ``Monument'' means the Mill Springs + Battlefield National Monument established by subsection (b)(1). + (3) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the National Park Service. (b) Establishment.-- - (1) In general.--Subject to paragraph (2), there is - established as a unit of the National Park System, the Mill - Springs Battlefield National Monument in the State of Kentucky, - to preserve, protect, and interpret for the benefit of present - and future generations-- - (A) the nationally significant historic resources - of the Mill Springs Battlefield; and - (B) the role of the Mill Springs Battlefield in the - Civil War. - (2) Determination by the secretary.--The Monument shall not - be established until the date on which the Secretary determines - that a sufficient quantity of land or interests in land has - been acquired to constitute a manageable park unit. - (3) Notice.--Not later than 30 days after the date on which - the Secretary makes a determination under paragraph (2), the - Secretary shall publish in the Federal Register notice of the - establishment of the Monument. - (4) Boundary.--The boundary of the Monument shall be as - generally depicted on the Map. - (5) Availability of map.--The Map shall be on file and - available for public inspection in the appropriate offices of - the National Park Service. - (6) Acquisition authority.--The Secretary may only acquire - land or an interest in land located within the boundary of the - Monument by-- - (A) donation; - (B) purchase from a willing seller with donated or - appropriated funds; or - (C) exchange. + (1) In general.--Subject to paragraph (2), there is established + as a unit of the National Park System, the Mill Springs Battlefield + National Monument in the State of Kentucky, to preserve, protect, + and interpret for the benefit of present and future generations-- + (A) the nationally significant historic resources of the + Mill Springs Battlefield; and + (B) the role of the Mill Springs Battlefield in the Civil + War. + (2) Determination by the secretary.--The Monument shall not be + established until the date on which the Secretary determines that a + sufficient quantity of land or interests in land has been acquired + to constitute a manageable park unit. + (3) Notice.--Not later than 30 days after the date on which the + Secretary makes a determination under paragraph (2), the Secretary + shall publish in the Federal Register notice of the establishment + of the Monument. + (4) Boundary.--The boundary of the Monument shall be as + generally depicted on the Map. + (5) Availability of map.--The Map shall be on file and + available for public inspection in the appropriate offices of the + National Park Service. + (6) Acquisition authority.--The Secretary may only acquire land + or an interest in land located within the boundary of the Monument + by-- + (A) donation; + (B) purchase from a willing seller with donated or + appropriated funds; or + (C) exchange. (c) Administration.-- - (1) In general.--The Secretary shall administer the - Monument in accordance with-- - (A) this section; and - (B) the laws generally applicable to units of the - National Park System, including-- - (i) section 100101(a), chapter 1003, and - sections 100751(a), 100752, 100753, and 102101 - of title 54, United States Code; and - (ii) chapter 3201 of title 54, United - States Code. - (2) Management plan.-- - (A) In general.--Not later than 3 years after the - date on which funds are first made available to prepare - a general management plan for the Monument, the - Secretary shall prepare the general management plan in - accordance with section 100502 of title 54, United - States Code. - (B) Submission to congress.--On completion of the - general management plan, the Secretary shall submit to - the Committee on Natural Resources of the House of - Representatives and the Committee on Energy and Natural - Resources of the Senate the general management plan. + (1) In general.--The Secretary shall administer the Monument in + accordance with-- + (A) this section; and + (B) the laws generally applicable to units of the National + Park System, including-- + (i) section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753, and 102101 of title 54, United + States Code; and + (ii) chapter 3201 of title 54, United States Code. + (2) Management plan.-- + (A) In general.--Not later than 3 years after the date on + which funds are first made available to prepare a general + management plan for the Monument, the Secretary shall prepare + the general management plan in accordance with section 100502 + of title 54, United States Code. + (B) Submission to congress.--On completion of the general + management plan, the Secretary shall submit to the Committee on + Natural Resources of the House of Representatives and the + Committee on Energy and Natural Resources of the Senate the + general management plan. (d) Private Property Protection.--Nothing in this section affects the land use rights of private property owners within or adjacent to the Monument. (e) No Buffer Zones.-- - (1) In general.--Nothing in this section creates a - protective perimeter or buffer zone around the Monument. - (2) Activities outside national monument.--The fact that an - activity or use on land outside the Monument can be seen or - heard within the Monument shall not preclude the activity or - use outside the boundary of the Monument. - + (1) In general.--Nothing in this section creates a protective + perimeter or buffer zone around the Monument. + (2) Activities outside national monument.--The fact that an + activity or use on land outside the Monument can be seen or heard + within the Monument shall not preclude the activity or use outside + the boundary of the Monument. SEC. 2303. CAMP NELSON HERITAGE NATIONAL MONUMENT. - (a) Definitions.--In this section: - (1) Map.--The term ``Map'' means the map entitled ``Camp - Nelson Heritage National Monument Nicholasville, Kentucky'', - numbered 532/144,148, and dated April 2018. - (2) Monument.--The term ``Monument'' means the Camp Nelson - Heritage National Monument established by subsection (b)(1). - (3) Secretary.--The term ``Secretary'' means the Secretary, - acting through the Director of the National Park Service. + (1) Map.--The term ``Map'' means the map entitled ``Camp Nelson + Heritage National Monument Nicholasville, Kentucky'', numbered 532/ + 144,148, and dated April 2018. + (2) Monument.--The term ``Monument'' means the Camp Nelson + Heritage National Monument established by subsection (b)(1). + (3) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the National Park Service. (b) Establishment.-- - (1) In general.--Subject to paragraph (2), there is - established, as a unit of the National Park System, the Camp - Nelson Heritage National Monument in the State of Kentucky, to - preserve, protect, and interpret for the benefit of present and - future generations, the nationally significant historic - resources of Camp Nelson and the role of Camp Nelson in the - American Civil War, Reconstruction, and African American - history and civil rights. - (2) Conditions.--The Monument shall not be established - until after the Secretary-- - (A) has entered into a written agreement with the - owner of any private or non-Federal land within the - boundary of the Monument, as depicted on the Map, - providing that the property shall be donated to the - United States for inclusion in the Monument, to be - managed consistently with the purposes of the Monument; - and - (B) has determined that sufficient land or - interests in land have been acquired within the - boundary of the Monument to constitute a manageable - unit. + (1) In general.--Subject to paragraph (2), there is + established, as a unit of the National Park System, the Camp Nelson + Heritage National Monument in the State of Kentucky, to preserve, + protect, and interpret for the benefit of present and future + generations, the nationally significant historic resources of Camp + Nelson and the role of Camp Nelson in the American Civil War, + Reconstruction, and African American history and civil rights. + (2) Conditions.--The Monument shall not be established until + after the Secretary-- + (A) has entered into a written agreement with the owner of + any private or non-Federal land within the boundary of the + Monument, as depicted on the Map, providing that the property + shall be donated to the United States for inclusion in the + Monument, to be managed consistently with the purposes of the + Monument; and + (B) has determined that sufficient land or interests in + land have been acquired within the boundary of the Monument to + constitute a manageable unit. (c) Boundaries.--The boundaries of the Monument shall be the boundaries generally depicted on the Map. (d) Availability of Map.--The Map shall be on file and available @@ -9915,37 +8975,36 @@ Service. or interest in land located within the boundary of the Monument by donation, purchase with donated or appropriated funds, or exchange. (f) Administration.-- - (1) In general.--The Secretary shall administer the - Monument in accordance with-- - (A) this section; - (B) Presidential Proclamation 9811 (83 Fed. Reg. - 54845 (October 31, 2018)); and - (C) the laws generally applicable to units of the - National Park System, including-- - (i) section 100101(a), chapter 1003, and - sections 100751(a), 100752, 100753, and 102101 - of title 54, United States Code; and - (ii) chapter 3201 of title 54, United - States Code. - (2) Management plan.-- - (A) In general.--Not later than 3 years after the - date on which funds are first made available to the - Secretary for the preparation of a general management - plan for the Monument, the Secretary shall prepare a - general management plan for the Monument in accordance - with section 100502 of title 54, United States Code. - (B) Submission to congress.--On completion of the - general management plan, the Secretary shall submit to - the Committee on Energy and Natural Resources of the - Senate and the Committee on Natural Resources of the - House of Representatives the general management plan. + (1) In general.--The Secretary shall administer the Monument in + accordance with-- + (A) this section; + (B) Presidential Proclamation 9811 (83 Fed. Reg. 54845 + (October 31, 2018)); and + (C) the laws generally applicable to units of the National + Park System, including-- + (i) section 100101(a), chapter 1003, and sections + 100751(a), 100752, 100753, and 102101 of title 54, United + States Code; and + (ii) chapter 3201 of title 54, United States Code. + (2) Management plan.-- + (A) In general.--Not later than 3 years after the date on + which funds are first made available to the Secretary for the + preparation of a general management plan for the Monument, the + Secretary shall prepare a general management plan for the + Monument in accordance with section 100502 of title 54, United + States Code. + (B) Submission to congress.--On completion of the general + management plan, the Secretary shall submit to the Committee on + Energy and Natural Resources of the Senate and the Committee on + Natural Resources of the House of Representatives the general + management plan. (g) No Buffer Zones.-- - (1) In general.--Nothing in this section creates a - protective perimeter or buffer zone around the Monument. - (2) Activities outside national monument.--The fact that an - activity or use on land outside the Monument can be seen or - heard within the Monument shall not preclude the activity or - use outside the boundary of the Monument. + (1) In general.--Nothing in this section creates a protective + perimeter or buffer zone around the Monument. + (2) Activities outside national monument.--The fact that an + activity or use on land outside the Monument can be seen or heard + within the Monument shall not preclude the activity or use outside + the boundary of the Monument. (h) Conflicts.--If there is conflict between this section and Proclamation 9811 (83 Fed. Reg. 54845; October 31, 2018), this section shall control. @@ -9953,17 +9012,16 @@ shall control. Subtitle E--National Park System Management SEC. 2401. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS PIPELINE. - (a) Permit.--Section 3(b)(1) of the Denali National Park Improvement Act (Public Law 113-33; 127 Stat. 516) is amended by striking ``within, along, or near the approximately 7-mile segment of the George Parks Highway that runs through the Park''. (b) Terms and Conditions.--Section 3(c)(1) of the Denali National Park Improvement Act (Public Law 113-33; 127 Stat. 516) is amended-- - (1) in subparagraph (A), by inserting ``and'' after the - semicolon; - (2) by striking subparagraph (B); and - (3) by redesignating subparagraph (C) as subparagraph (B). + (1) in subparagraph (A), by inserting ``and'' after the + semicolon; + (2) by striking subparagraph (B); and + (3) by redesignating subparagraph (C) as subparagraph (B). (c) Applicable Law.--Section 3 of the Denali National Park Improvement Act (Public Law 113-33; 127 Stat. 515) is amended by adding at the end the following: @@ -9971,37 +9029,29 @@ at the end the following: (including appurtenances) in a nonwilderness area within the boundary of the Park, shall not be subject to title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.).''. - SEC. 2402. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC - PRESERVATION PROGRAM REAUTHORIZED. - +PRESERVATION PROGRAM REAUTHORIZED. Section 507(d)(2) of the Omnibus Parks and Public Lands Management Act of 1996 (54 U.S.C. 302101 note) is amended by striking the period at the end and inserting ``and each of fiscal years 2019 through 2025.''. - SEC. 2402A. JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM. - (a) In General.--Section 2(b) of the Strengthening Coastal Communities Act of 2018 (Public Law 115-358) is amended by adding at the end the following: - ``(36) The map entitled `Cape San Blas Unit P30/P30P (1 of - 2)' and dated December 19, 2018, with respect to Unit P30 and - Unit P30P. - ``(37) The map entitled `Cape San Blas Unit P30/P30P (2 of - 2)' and dated December 19, 2018, with respect to Unit P30 and - Unit P30P.''. + ``(36) The map entitled `Cape San Blas Unit P30/P30P (1 of 2)' + and dated December 19, 2018, with respect to Unit P30 and Unit + P30P. + ``(37) The map entitled `Cape San Blas Unit P30/P30P (2 of 2)' + and dated December 19, 2018, with respect to Unit P30 and Unit + P30P.''. (b) Effect.--Section 7003 shall have no force or effect. - SEC. 2403. AUTHORIZING COOPERATIVE MANAGEMENT AGREEMENTS BETWEEN THE - DISTRICT OF COLUMBIA AND THE SECRETARY OF THE INTERIOR. - +DISTRICT OF COLUMBIA AND THE SECRETARY OF THE INTERIOR. The Secretary may enter into a cooperative management agreement with the District of Columbia in accordance with section 101703 of title 54, United States Code. - SEC. 2404. FEES FOR MEDICAL SERVICES. - (a) Fees Authorized.--The Secretary may establish and collect fees for medical services provided to persons in units of the National Park System or for medical services provided by National Park Service @@ -10010,46 +9060,42 @@ personnel outside units of the National Park System. the Treasury a fund, to be known as the ``National Park Medical Services Fund'' (referred to in this section as the ``Fund''). The Fund shall consist of-- - (1) donations to the Fund; and - (2) fees collected under subsection (a). + (1) donations to the Fund; and + (2) fees collected under subsection (a). (c) Availability of Amounts.--All amounts deposited into the Fund shall be available to the Secretary, to the extent provided in advance by Acts of appropriation, for the following in units of the National Park System: - (1) Services listed in subsection (a). - (2) Preparing needs assessments or other programmatic - analyses for medical facilities, equipment, vehicles, and other - needs and costs of providing services listed in subsection (a). - (3) Developing management plans for medical facilities, - equipment, vehicles, and other needs and costs of services - listed in subsection (a). - (4) Training related to providing services listed in - subsection (a). - (5) Obtaining or improving medical facilities, equipment, - vehicles, and other needs and costs of providing services - listed in subsection (a). - + (1) Services listed in subsection (a). + (2) Preparing needs assessments or other programmatic analyses + for medical facilities, equipment, vehicles, and other needs and + costs of providing services listed in subsection (a). + (3) Developing management plans for medical facilities, + equipment, vehicles, and other needs and costs of services listed + in subsection (a). + (4) Training related to providing services listed in subsection + (a). + (5) Obtaining or improving medical facilities, equipment, + vehicles, and other needs and costs of providing services listed in + subsection (a). SEC. 2405. AUTHORITY TO GRANT EASEMENTS AND RIGHTS-OF-WAY OVER FEDERAL - LANDS WITHIN GATEWAY NATIONAL RECREATION AREA. - +LANDS WITHIN GATEWAY NATIONAL RECREATION AREA. Section 3 of Public Law 92-592 (16 U.S.C. 460cc-2) is amended by adding at the end the following: ``(j) Authority To Grant Easements and Rights-of-Way.-- - ``(1) In general.--The Secretary of the Interior may grant, - to any State or local government, an easement or right-of-way - over Federal lands within Gateway National Recreation Area for - construction, operation, and maintenance of projects for - control and prevention of flooding and shoreline erosion. - ``(2) Charges and reimbursement of costs.--The Secretary - may grant such an easement or right-of-way without charge for - the value of the right so conveyed, except for reimbursement of - costs incurred by the United States for processing the - application therefore and managing such right. Amounts received - as such reimbursement shall be credited to the relevant - appropriation account.''. - + ``(1) In general.--The Secretary of the Interior may grant, to + any State or local government, an easement or right-of-way over + Federal lands within Gateway National Recreation Area for + construction, operation, and maintenance of projects for control + and prevention of flooding and shoreline erosion. + ``(2) Charges and reimbursement of costs.--The Secretary may + grant such an easement or right-of-way without charge for the value + of the right so conveyed, except for reimbursement of costs + incurred by the United States for processing the application + therefore and managing such right. Amounts received as such + reimbursement shall be credited to the relevant appropriation + account.''. SEC. 2406. ADAMS MEMORIAL COMMISSION. - (a) Commission.--There is established a commission to be known as the ``Adams Memorial Commission'' (referred to in this section as the ``Commission'') for the purpose of establishing a permanent memorial to @@ -10057,17 +9103,17 @@ honor John Adams and his legacy as authorized by Public Law 107-62 (115 Stat. 411), located in the city of Washington, District of Columbia, including sites authorized by Public Law 107-315 (116 Stat. 2763). (b) Membership.--The Commission shall be composed of-- - (1) 4 persons appointed by the President, not more than 2 - of whom may be members of the same political party; - (2) 4 Members of the Senate appointed by the President pro - tempore of the Senate in consultation with the Majority Leader - and Minority Leader of the Senate, of which not more than 2 - appointees may be members of the same political party; and - (3) 4 Members of the House of Representatives appointed by - the Speaker of the House of Representatives in consultation - with the Majority Leader and Minority Leader of the House of - Representatives, of which not more than 2 appointees may be - members of the same political party. + (1) 4 persons appointed by the President, not more than 2 of + whom may be members of the same political party; + (2) 4 Members of the Senate appointed by the President pro + tempore of the Senate in consultation with the Majority Leader and + Minority Leader of the Senate, of which not more than 2 appointees + may be members of the same political party; and + (3) 4 Members of the House of Representatives appointed by the + Speaker of the House of Representatives in consultation with the + Majority Leader and Minority Leader of the House of + Representatives, of which not more than 2 appointees may be members + of the same political party. (c) Chair and Vice Chair.--The members of the Commission shall select a Chair and Vice Chair of the Commission. The Chair and Vice Chair shall not be members of the same political party. @@ -10075,11 +9121,11 @@ Chair shall not be members of the same political party. powers if a quorum is present, but shall be filled in the same manner as the original appointment. (e) Meetings.-- - (1) Initial meeting.--Not later than 45 days after the date - on which a majority of the members of the Commission have been - appointed, the Commission shall hold its first meeting. - (2) Subsequent meetings.--The Commission shall meet at the - call of the Chair. + (1) Initial meeting.--Not later than 45 days after the date on + which a majority of the members of the Commission have been + appointed, the Commission shall hold its first meeting. + (2) Subsequent meetings.--The Commission shall meet at the call + of the Chair. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number of members may hold hearings. (g) No Compensation.--A member of the Commission shall serve @@ -10089,38 +9135,36 @@ carrying out the duties of the Commission. a permanent memorial to honor John Adams and his legacy, including the nature, location, design, and construction of the memorial. (i) Powers.--The Commission may-- - (1) make such expenditures for services and materials for - the purpose of carrying out this section as the Commission - considers advisable from funds appropriated or received as - gifts for that purpose; - (2) accept gifts, including funds from the Adams Memorial - Foundation, to be used in carrying out this section or to be - used in connection with the construction or other expenses of - the memorial; and - (3) hold hearings, enter into contracts for personal - services and otherwise, and do such other things as are - necessary to carry out this section. + (1) make such expenditures for services and materials for the + purpose of carrying out this section as the Commission considers + advisable from funds appropriated or received as gifts for that + purpose; + (2) accept gifts, including funds from the Adams Memorial + Foundation, to be used in carrying out this section or to be used + in connection with the construction or other expenses of the + memorial; and + (3) hold hearings, enter into contracts for personal services + and otherwise, and do such other things as are necessary to carry + out this section. (j) Reports.--The Commission shall-- - (1) report the plans required by subsection (h), together - with recommendations, to the President and the Congress at the - earliest practicable date; and - (2) in the interim, make annual reports on its progress to - the President and the Congress. + (1) report the plans required by subsection (h), together with + recommendations, to the President and the Congress at the earliest + practicable date; and + (2) in the interim, make annual reports on its progress to the + President and the Congress. (k) Applicability of Other Laws.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (l) Termination.--The Commission shall terminate on December 2, 2025. (m) Amendments to Public Law 107-62.-- - (1) References to commission.--Public Law 107-62 (115 Stat. - 411) is amended by striking ``Adams Memorial Foundation'' each - place it occurs and inserting ``Adams Memorial Commission''. - (2) Extension of authorization.--Section 1(c) of Public Law - 107-62 (115 Stat. 411; 124 Stat. 1192; 127 Stat. 3880) is - amended by striking ``2020'' and inserting ``2025''. - + (1) References to commission.--Public Law 107-62 (115 Stat. + 411) is amended by striking ``Adams Memorial Foundation'' each + place it occurs and inserting ``Adams Memorial Commission''. + (2) Extension of authorization.--Section 1(c) of Public Law + 107-62 (115 Stat. 411; 124 Stat. 1192; 127 Stat. 3880) is amended + by striking ``2020'' and inserting ``2025''. SEC. 2407. TECHNICAL CORRECTIONS TO REFERENCES TO THE AFRICAN AMERICAN - CIVIL RIGHTS NETWORK. - +CIVIL RIGHTS NETWORK. (a) Chapter Amendments.--Chapter 3084 of title 54, United States Code, is amended by striking ``U.S. Civil Rights Network'' each place it appears and inserting ``African American Civil Rights Network'' @@ -10134,114 +9178,102 @@ replaced). section), regulation, document, record, map, or other paper of the United States to the ``U.S. Civil Rights Network'' shall be considered to be a reference to the ``African American Civil Rights Network''. - SEC. 2408. TRANSFER OF THE JAMES J. HOWARD MARINE SCIENCES LABORATORY. - Section 7 of Public Law 100-515 (16 U.S.C. 1244 note) is amended by striking subsection (b) and inserting the following: ``(b) Transfer From the State to the National Oceanic and Atmospheric Administration.-- - ``(1) In general.--Notwithstanding any other provision of - law, or the provisions of the August 13, 1991, Ground Lease - Agreement (`Lease') between the Department of the Interior and - the State of New Jersey (`State'), upon notice to the National - Park Service, the State may transfer without consideration, and - the National Oceanic and Atmospheric Administration may accept, - all State improvements within the land assignment and right of - way, including the James J. Howard Marine Sciences Laboratory - (`Laboratory'), two parking lots, and the seawater supply and - backflow pipes as generally depicted on the map entitled - `Gateway National Recreation Area, James J. Howard Marine - Science Laboratory Land Assignment', numbered 646/142,581A, and - dated April 2018 (`Map') and any related State personal - property. - ``(2) Lease amendment.--Upon the transfer authorized in - paragraph (1), the Lease shall be amended to exclude any - obligations of the State and the Department of the Interior - related to the Laboratory and associated property and - improvements transferred to the National Oceanic and - Atmospheric Administration. However, all obligations of the - State to rehabilitate Building 74 and modify landscaping on the - surrounding property as depicted on the Map, under the Lease - and pursuant to subsection (a), shall remain in full force and - effect. - ``(3) Use by the national oceanic and atmospheric - administration.--Upon the transfer authorized in paragraph (1), - the Administrator of the National Oceanic and Atmospheric - Administration is authorized to use the land generally depicted - on the Map as a land assignment and right of way and associated - land and appurtenances for continued use of the Laboratory, - including providing maintenance and repair, and access to the - Laboratory, the parking lots and the seawater supply and back - flow pipes, without consideration, except for reimbursement to - the National Park Service of agreed upon reasonable actual - costs of subsequently provided goods and services. - ``(4) Agreement between the national park service and the - national oceanic and atmospheric administration.--Upon the - transfer authorized in paragraph (1), the Director of the - National Park Service and the Administrator of the National - Oceanic and Atmospheric Administration shall enter into an - agreement addressing responsibilities pertaining to the use of - the land assignment within the Sandy Hook Unit of the Gateway - National Recreation Area as authorized in paragraph (3). The - agreement shall prohibit any new construction on this land, - permanent or nonpermanent, or significant alteration to the - exterior of the Laboratory, without National Park Service - approval. - ``(5) Restoration.-- - ``(A) Notwithstanding any provision of the Lease to - the contrary, if the State does not transfer the - improvements as authorized in paragraph (1), and these - improvements are not used as or in support of a marine - science laboratory, the State shall demolish and remove - the improvements and restore the land in accordance - with the standards set forth by the National Park - Service, free of unacceptable encumbrances and in - compliance with all applicable laws and regulations - regarding known contaminants. - ``(B) If the National Oceanic and Atmospheric - Administration accepts the improvements as authorized - in paragraph (1) and these improvements are not used as - or in support of a marine science laboratory, the - National Oceanic and Atmospheric Administration shall - be responsible for demolishing and removing these - improvements and restoring the land, in accordance with - the standards set forth by the National Park Service, - free of unacceptable encumbrances and in compliance - with all applicable laws and regulations regarding - known contaminants.''. - + ``(1) In general.--Notwithstanding any other provision of law, + or the provisions of the August 13, 1991, Ground Lease Agreement + (`Lease') between the Department of the Interior and the State of + New Jersey (`State'), upon notice to the National Park Service, the + State may transfer without consideration, and the National Oceanic + and Atmospheric Administration may accept, all State improvements + within the land assignment and right of way, including the James J. + Howard Marine Sciences Laboratory (`Laboratory'), two parking lots, + and the seawater supply and backflow pipes as generally depicted on + the map entitled `Gateway National Recreation Area, James J. Howard + Marine Science Laboratory Land Assignment', numbered 646/142,581A, + and dated April 2018 (`Map') and any related State personal + property. + ``(2) Lease amendment.--Upon the transfer authorized in + paragraph (1), the Lease shall be amended to exclude any + obligations of the State and the Department of the Interior related + to the Laboratory and associated property and improvements + transferred to the National Oceanic and Atmospheric Administration. + However, all obligations of the State to rehabilitate Building 74 + and modify landscaping on the surrounding property as depicted on + the Map, under the Lease and pursuant to subsection (a), shall + remain in full force and effect. + ``(3) Use by the national oceanic and atmospheric + administration.--Upon the transfer authorized in paragraph (1), the + Administrator of the National Oceanic and Atmospheric + Administration is authorized to use the land generally depicted on + the Map as a land assignment and right of way and associated land + and appurtenances for continued use of the Laboratory, including + providing maintenance and repair, and access to the Laboratory, the + parking lots and the seawater supply and back flow pipes, without + consideration, except for reimbursement to the National Park + Service of agreed upon reasonable actual costs of subsequently + provided goods and services. + ``(4) Agreement between the national park service and the + national oceanic and atmospheric administration.--Upon the transfer + authorized in paragraph (1), the Director of the National Park + Service and the Administrator of the National Oceanic and + Atmospheric Administration shall enter into an agreement addressing + responsibilities pertaining to the use of the land assignment + within the Sandy Hook Unit of the Gateway National Recreation Area + as authorized in paragraph (3). The agreement shall prohibit any + new construction on this land, permanent or nonpermanent, or + significant alteration to the exterior of the Laboratory, without + National Park Service approval. + ``(5) Restoration.-- + ``(A) Notwithstanding any provision of the Lease to the + contrary, if the State does not transfer the improvements as + authorized in paragraph (1), and these improvements are not + used as or in support of a marine science laboratory, the State + shall demolish and remove the improvements and restore the land + in accordance with the standards set forth by the National Park + Service, free of unacceptable encumbrances and in compliance + with all applicable laws and regulations regarding known + contaminants. + ``(B) If the National Oceanic and Atmospheric + Administration accepts the improvements as authorized in + paragraph (1) and these improvements are not used as or in + support of a marine science laboratory, the National Oceanic + and Atmospheric Administration shall be responsible for + demolishing and removing these improvements and restoring the + land, in accordance with the standards set forth by the + National Park Service, free of unacceptable encumbrances and in + compliance with all applicable laws and regulations regarding + known contaminants.''. SEC. 2409. BOWS IN PARKS. - (a) In General.--Chapter 1049 of title 54, United States Code, is amended by adding at the end the following: ``Sec. 104908. Bows in parks ``(a) Definition of Not Ready for Immediate Use.--The term `not ready for immediate use' means-- - ``(1) a bow or crossbow, the arrows of which are secured or - stowed in a quiver or other arrow transport case; and - ``(2) with respect to a crossbow, uncocked. + ``(1) a bow or crossbow, the arrows of which are secured or + stowed in a quiver or other arrow transport case; and + ``(2) with respect to a crossbow, uncocked. ``(b) Vehicular Transportation Authorized.--The Director shall not promulgate or enforce any regulation that prohibits an individual from transporting bows and crossbows that are not ready for immediate use across any System unit in the vehicle of the individual if-- - ``(1) the individual is not otherwise prohibited by law - from possessing the bows and crossbows; - ``(2) the bows or crossbows that are not ready for - immediate use remain inside the vehicle of the individual - throughout the period during which the bows or crossbows are - transported across System land; and - ``(3) the possession of the bows and crossbows is in - compliance with the law of the State in which the System unit - is located.''. + ``(1) the individual is not otherwise prohibited by law from + possessing the bows and crossbows; + ``(2) the bows or crossbows that are not ready for immediate + use remain inside the vehicle of the individual throughout the + period during which the bows or crossbows are transported across + System land; and + ``(3) the possession of the bows and crossbows is in compliance + with the law of the State in which the System unit is located.''. (b) Clerical Amendment.--The table of sections for chapter 1049 of title 54, United States Code, is amended by inserting after the item relating to section 104907 the following: ``104908. Bows in parks.''. - SEC. 2410. WILDLIFE MANAGEMENT IN PARKS. - (a) In General.--Chapter 1049 of title 54, United States Code (as amended by section 2409(a)), is amended by adding at the end the following: @@ -10253,10 +9285,10 @@ Secretary may use qualified volunteers to assist in carrying out wildlife management on System land. ``(b) Requirements for Qualified Volunteers.--Qualified volunteers providing assistance under subsection (a) shall be subject to-- - ``(1) any training requirements or qualifications - established by the Secretary; and - ``(2) any other terms and conditions that the Secretary may - require. + ``(1) any training requirements or qualifications established + by the Secretary; and + ``(2) any other terms and conditions that the Secretary may + require. ``(c) Donations.--The Secretary may authorize the donation and distribution of meat from wildlife management activities carried out under this section, including the donation and distribution to Indian @@ -10269,52 +9301,45 @@ amended by inserting after the item relating to section 104908 the following: ``104909. Wildlife management in parks.''. - SEC. 2411. POTTAWATTAMIE COUNTY REVERSIONARY INTEREST. - Section 2 of Public Law 101-191 (103 Stat. 1697) is amended by adding at the end the following: ``(g) Conveyance of Reversionary Interest.-- - ``(1) In general.--If the Secretary determines that it is - no longer in the public interest to operate and maintain the - center, subject to paragraph (2), the Secretary may enter into - 1 or more agreements-- - ``(A) to convey the reversionary interest held by - the United States and described in the quitclaim deed - dated April 13, 1998, instrument number 19170, and as - recorded in book 98, page 55015, in Pottawattamie - County, Iowa (referred to in this subsection as the - `deed'); and - ``(B) to extinguish the requirement in the deed - that alterations to structures on the property may not - be made without the authorization of the Secretary. - ``(2) Consideration.--A reversionary interest may be - conveyed under paragraph (1)(A)-- - ``(A) without consideration, if the land subject to - the reversionary interest is required to be used in - perpetuity for public recreational, educational, or - similar purposes; or - ``(B) for consideration in an amount equal to the - fair market value of the reversionary interest, as - determined based on an appraisal that is conducted in - accordance with-- - ``(i) the Uniform Appraisal Standards for - Federal Land Acquisitions; and - ``(ii) the Uniform Standards of - Professional Appraisal Practice. - ``(3) Execution of agreements.--The Secretary shall execute - appropriate instruments to carry out an agreement entered into - under paragraph (1). - ``(4) Effect on prior agreement.--Effective on the date on - which the Secretary has executed instruments under paragraph - (3) and all Federal interests in the land and properties - acquired under this Act have been conveyed, the agreement - between the National Park Service and the State Historical - Society of Iowa, dated July 21, 1995, and entered into under - subsection (d), shall have no force or effect.''. - + ``(1) In general.--If the Secretary determines that it is no + longer in the public interest to operate and maintain the center, + subject to paragraph (2), the Secretary may enter into 1 or more + agreements-- + ``(A) to convey the reversionary interest held by the + United States and described in the quitclaim deed dated April + 13, 1998, instrument number 19170, and as recorded in book 98, + page 55015, in Pottawattamie County, Iowa (referred to in this + subsection as the `deed'); and + ``(B) to extinguish the requirement in the deed that + alterations to structures on the property may not be made + without the authorization of the Secretary. + ``(2) Consideration.--A reversionary interest may be conveyed + under paragraph (1)(A)-- + ``(A) without consideration, if the land subject to the + reversionary interest is required to be used in perpetuity for + public recreational, educational, or similar purposes; or + ``(B) for consideration in an amount equal to the fair + market value of the reversionary interest, as determined based + on an appraisal that is conducted in accordance with-- + ``(i) the Uniform Appraisal Standards for Federal Land + Acquisitions; and + ``(ii) the Uniform Standards of Professional Appraisal + Practice. + ``(3) Execution of agreements.--The Secretary shall execute + appropriate instruments to carry out an agreement entered into + under paragraph (1). + ``(4) Effect on prior agreement.--Effective on the date on + which the Secretary has executed instruments under paragraph (3) + and all Federal interests in the land and properties acquired under + this Act have been conveyed, the agreement between the National + Park Service and the State Historical Society of Iowa, dated July + 21, 1995, and entered into under subsection (d), shall have no + force or effect.''. SEC. 2412. DESIGNATION OF DEAN STONE BRIDGE. - (a) Designation.--The bridge located in Blount County, Tennessee, on the Foothills Parkway (commonly known as ``Bridge 2'') shall be known and designated as the ``Dean Stone Bridge''. @@ -10326,132 +9351,119 @@ Bridge''. Subtitle F--National Trails and Related Matters SEC. 2501. NORTH COUNTRY SCENIC TRAIL ROUTE ADJUSTMENT. - Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended in the first sentence-- - (1) by striking ``thirty two hundred miles, extending from - eastern New York State'' and inserting ``4,600 miles, extending - from the Appalachian Trail in Vermont''; and - (2) by striking ``Proposed North Country Trail'' and all - that follows through ``June 1975.'' and inserting ```North - Country National Scenic Trail, Authorized Route', dated - February 2014, and numbered 649/116870.''. - + (1) by striking ``thirty two hundred miles, extending from + eastern New York State'' and inserting ``4,600 miles, extending + from the Appalachian Trail in Vermont''; and + (2) by striking ``Proposed North Country Trail'' and all that + follows through ``June 1975.'' and inserting ```North Country + National Scenic Trail, Authorized Route', dated February 2014, and + numbered 649/116870.''. SEC. 2502. EXTENSION OF LEWIS AND CLARK NATIONAL HISTORIC TRAIL. - (a) Extension.--Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended-- - (1) by striking ``three thousand seven hundred'' and - inserting ``4,900''; - (2) by striking ``Wood River, Illinois,'' and inserting - ``the Ohio River in Pittsburgh, Pennsylvania,''; and - (3) by striking ``maps identified as, `Vicinity Map, Lewis - and Clark Trail' study report dated April 1977.'' and inserting - ``the map entitled `Lewis and Clark National Historic Trail - Authorized Trail Including Proposed Eastern Legacy Extension', - dated April 2018, and numbered 648/143721.''. + (1) by striking ``three thousand seven hundred'' and inserting + ``4,900''; + (2) by striking ``Wood River, Illinois,'' and inserting ``the + Ohio River in Pittsburgh, Pennsylvania,''; and + (3) by striking ``maps identified as, `Vicinity Map, Lewis and + Clark Trail' study report dated April 1977.'' and inserting ``the + map entitled `Lewis and Clark National Historic Trail Authorized + Trail Including Proposed Eastern Legacy Extension', dated April + 2018, and numbered 648/143721.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 60 days after the date of enactment of this Act. - SEC. 2503. AMERICAN DISCOVERY TRAIL SIGNAGE. - (a) Definitions.--In this section: - (1) Secretary concerned.--The term ``Secretary concerned'' - means-- - (A) the Secretary, with respect to Federal land - under the jurisdiction of the Secretary; or - (B) the Secretary of Agriculture, with respect to - Federal land under the jurisdiction of the Secretary of - Agriculture. - (2) Trail.--The term ``Trail'' means the trail known as the - ``American Discovery Trail'', which consists of approximately - 6,800 miles of trails extending from Cape Henlopen State Park - in Delaware to Point Reyes National Seashore in California, as - generally described in volume 2 of the National Park Service - feasibility study dated June 1995. + (1) Secretary concerned.--The term ``Secretary concerned'' + means-- + (A) the Secretary, with respect to Federal land under the + jurisdiction of the Secretary; or + (B) the Secretary of Agriculture, with respect to Federal + land under the jurisdiction of the Secretary of Agriculture. + (2) Trail.--The term ``Trail'' means the trail known as the + ``American Discovery Trail'', which consists of approximately 6,800 + miles of trails extending from Cape Henlopen State Park in Delaware + to Point Reyes National Seashore in California, as generally + described in volume 2 of the National Park Service feasibility + study dated June 1995. (b) Signage Authorized.--As soon as practicable after the date on which signage acceptable to the Secretary concerned is donated to the United States for placement on Federal land at points along the Trail, the Secretary concerned shall place the signage on the Federal land. (c) No Federal Funds.--No Federal funds may be used to acquire signage authorized for placement under subsection (b). - SEC. 2504. PIKE NATIONAL HISTORIC TRAIL STUDY. - Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following: - ``(46) Pike national historic trail.--The Pike National - Historic Trail, a series of routes extending approximately - 3,664 miles, which follows the route taken by Lt. Zebulon - Montgomery Pike during the 1806-1807 Pike expedition that began - in Fort Bellefontaine, Missouri, extended through portions of - the States of Kansas, Nebraska, Colorado, New Mexico, and - Texas, and ended in Natchitoches, Louisiana.''. + ``(46) Pike national historic trail.--The Pike National + Historic Trail, a series of routes extending approximately 3,664 + miles, which follows the route taken by Lt. Zebulon Montgomery Pike + during the 1806-1807 Pike expedition that began in Fort + Bellefontaine, Missouri, extended through portions of the States of + Kansas, Nebraska, Colorado, New Mexico, and Texas, and ended in + Natchitoches, Louisiana.''. TITLE III--CONSERVATION AUTHORIZATIONS SEC. 3001. REAUTHORIZATION OF LAND AND WATER CONSERVATION FUND. - (a) In General.--Section 200302 of title 54, United States Code, is amended-- - (1) in subsection (b), in the matter preceding paragraph - (1), by striking ``During the period ending September 30, 2018, - there'' and inserting ``There''; and - (2) in subsection (c)(1), by striking ``through September - 30, 2018''. + (1) in subsection (b), in the matter preceding paragraph (1), + by striking ``During the period ending September 30, 2018, there'' + and inserting ``There''; and + (2) in subsection (c)(1), by striking ``through September 30, + 2018''. (b) Allocation of Funds.--Section 200304 of title 54, United States Code, is amended-- - (1) by striking the second sentence; - (2) by striking ``There'' and inserting the following: + (1) by striking the second sentence; + (2) by striking ``There'' and inserting the following: ``(a) In General.--There''; and - (3) by adding at the end the following: + (3) by adding at the end the following: ``(b) Allocation of Funds.--Of the total amount made available to the Fund through appropriations or deposited in the Fund under section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)-- - ``(1) not less than 40 percent shall be used for Federal - purposes; and - ``(2) not less than 40 percent shall be used to provide - financial assistance to States.''. + ``(1) not less than 40 percent shall be used for Federal + purposes; and + ``(2) not less than 40 percent shall be used to provide + financial assistance to States.''. (c) Parity for Territories and the District of Columbia.--Section 200305(b) of title 54, United States Code, is amended by striking paragraph (5). (d) Recreational Public Access.--Section 200306 of title 54, United States Code, is amended by adding at the end the following: ``(c) Recreational Public Access.-- - ``(1) In general.--Of the amounts made available for - expenditure in any fiscal year under section 200303, there - shall be made available for recreational public access projects - identified on the priority list developed under paragraph (2) - not less than the greater of-- - ``(A) an amount equal to 3 percent of those - amounts; or - ``(B) $15,000,000. - ``(2) Priority list.--The Secretary and the Secretary of - Agriculture, in consultation with the head of each affected - Federal agency, shall annually develop a priority list for - projects that, through acquisition of land (or an interest in - land), secure recreational public access to Federal land under - the jurisdiction of the applicable Secretary for hunting, - fishing, recreational shooting, or other outdoor recreational - purposes.''. + ``(1) In general.--Of the amounts made available for + expenditure in any fiscal year under section 200303, there shall be + made available for recreational public access projects identified + on the priority list developed under paragraph (2) not less than + the greater of-- + ``(A) an amount equal to 3 percent of those amounts; or + ``(B) $15,000,000. + ``(2) Priority list.--The Secretary and the Secretary of + Agriculture, in consultation with the head of each affected Federal + agency, shall annually develop a priority list for projects that, + through acquisition of land (or an interest in land), secure + recreational public access to Federal land under the jurisdiction + of the applicable Secretary for hunting, fishing, recreational + shooting, or other outdoor recreational purposes.''. (e) Acquisition Considerations.--Section 200306 of title 54, United States Code (as amended by subsection (d)), is amended by adding at the end the following: ``(d) Acquisition Considerations.--In determining whether to acquire land (or an interest in land) under this section, the Secretary and the Secretary of Agriculture shall take into account-- - ``(1) the significance of the acquisition; - ``(2) the urgency of the acquisition; - ``(3) management efficiencies; - ``(4) management cost savings; - ``(5) geographic distribution; - ``(6) threats to the integrity of the land; and - ``(7) the recreational value of the land.''. - + ``(1) the significance of the acquisition; + ``(2) the urgency of the acquisition; + ``(3) management efficiencies; + ``(4) management cost savings; + ``(5) geographic distribution; + ``(6) threats to the integrity of the land; and + ``(7) the recreational value of the land.''. SEC. 3002. CONSERVATION INCENTIVES LANDOWNER EDUCATION PROGRAM. - (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a conservation incentives landowner education program (referred to in this section as the @@ -10461,48 +9473,42 @@ Federal conservation programs available to landowners interested in undertaking conservation actions on the land of the landowners, including options under each conservation program available to achieve the conservation goals of the program, such as-- - (1) fee title land acquisition; - (2) donation; and - (3) perpetual and term conservation easements or - agreements. + (1) fee title land acquisition; + (2) donation; and + (3) perpetual and term conservation easements or agreements. (c) Availability.--The Secretary shall ensure that the information provided under the program is made available to-- - (1) interested landowners; and - (2) the public. + (1) interested landowners; and + (2) the public. (d) Notification.--In any case in which the Secretary contacts a landowner directly about participation in a Federal conservation program, the Secretary shall, in writing-- - (1) notify the landowner of the program; and - (2) make available information on the conservation program - options that may be available to the landowner. + (1) notify the landowner of the program; and + (2) make available information on the conservation program + options that may be available to the landowner. TITLE IV--SPORTSMEN'S ACCESS AND RELATED MATTERS - Subtitle A--National Policy SEC. 4001. CONGRESSIONAL DECLARATION OF NATIONAL POLICY. - (a) In General.--Congress declares that it is the policy of the United States that Federal departments and agencies, in accordance with the missions of the departments and agencies, Executive Orders 12962 and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 (August 16, 2007)), and applicable law, shall-- - (1) facilitate the expansion and enhancement of hunting, - fishing, and recreational shooting opportunities on Federal - land, in consultation with the Wildlife and Hunting Heritage - Conservation Council, the Sport Fishing and Boating Partnership - Council, State and Tribal fish and wildlife agencies, and the - public; - (2) conserve and enhance aquatic systems and the management - of game species and the habitat of those species on Federal - land, including through hunting and fishing, in a manner that - respects-- - (A) State management authority over wildlife - resources; and - (B) private property rights; and - (3) consider hunting, fishing, and recreational shooting - opportunities as part of all Federal plans for land, resource, - and travel management. + (1) facilitate the expansion and enhancement of hunting, + fishing, and recreational shooting opportunities on Federal land, + in consultation with the Wildlife and Hunting Heritage Conservation + Council, the Sport Fishing and Boating Partnership Council, State + and Tribal fish and wildlife agencies, and the public; + (2) conserve and enhance aquatic systems and the management of + game species and the habitat of those species on Federal land, + including through hunting and fishing, in a manner that respects-- + (A) State management authority over wildlife resources; and + (B) private property rights; and + (3) consider hunting, fishing, and recreational shooting + opportunities as part of all Federal plans for land, resource, and + travel management. (b) Exclusion.--In this title, the term ``fishing'' does not include commercial fishing in which fish are harvested, either in whole or in part, that are intended to enter commerce through sale. @@ -10510,30 +9516,25 @@ or in part, that are intended to enter commerce through sale. Subtitle B--Sportsmen's Access to Federal Land SEC. 4101. DEFINITIONS. - In this subtitle: - (1) Federal land.--The term ``Federal land'' means-- - (A) any land in the National Forest System (as - defined in section 11(a) of the Forest and Rangeland - Renewable Resources Planning Act of 1974 (16 U.S.C. - 1609(a))) that is administered by the Secretary of - Agriculture, acting through the Chief of the Forest - Service; and - (B) public lands (as defined in section 103 of the - Federal Land Policy and Management Act of 1976 (43 - U.S.C. 1702)), the surface of which is administered by - the Secretary, acting through the Director of the - Bureau of Land Management. - (2) Secretary concerned.--The term ``Secretary concerned'' - means-- - (A) the Secretary of Agriculture, with respect to - land described in paragraph (1)(A); and - (B) the Secretary, with respect to land described - in paragraph (1)(B). - + (1) Federal land.--The term ``Federal land'' means-- + (A) any land in the National Forest System (as defined in + section 11(a) of the Forest and Rangeland Renewable Resources + Planning Act of 1974 (16 U.S.C. 1609(a))) that is administered + by the Secretary of Agriculture, acting through the Chief of + the Forest Service; and + (B) public lands (as defined in section 103 of the Federal + Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the + surface of which is administered by the Secretary, acting + through the Director of the Bureau of Land Management. + (2) Secretary concerned.--The term ``Secretary concerned'' + means-- + (A) the Secretary of Agriculture, with respect to land + described in paragraph (1)(A); and + (B) the Secretary, with respect to land described in + paragraph (1)(B). SEC. 4102. FEDERAL LAND OPEN TO HUNTING, FISHING, AND RECREATIONAL - SHOOTING. - +SHOOTING. (a) In General.--Subject to subsection (b), Federal land shall be open to hunting, fishing, and recreational shooting, in accordance with applicable law, unless the Secretary concerned closes an area in @@ -10541,246 +9542,221 @@ accordance with section 4103. (b) Effect of Part.--Nothing in this subtitle opens to hunting, fishing, or recreational shooting any land that is not open to those activities as of the date of enactment of this Act. - SEC. 4103. CLOSURE OF FEDERAL LAND TO HUNTING, FISHING, AND - RECREATIONAL SHOOTING. - +RECREATIONAL SHOOTING. (a) Authorization.-- - (1) In general.--Subject to paragraph (2) and in accordance - with section 302(b) of the Federal Land Policy and Management - Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may - designate any area on Federal land in which, and establish any - period during which, for reasons of public safety, - administration, or compliance with applicable laws, no hunting, - fishing, or recreational shooting shall be permitted. - (2) Requirement.--In making a designation under paragraph - (1), the Secretary concerned shall designate the smallest area - for the least amount of time that is required for public - safety, administration, or compliance with applicable laws. + (1) In general.--Subject to paragraph (2) and in accordance + with section 302(b) of the Federal Land Policy and Management Act + of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may designate + any area on Federal land in which, and establish any period during + which, for reasons of public safety, administration, or compliance + with applicable laws, no hunting, fishing, or recreational shooting + shall be permitted. + (2) Requirement.--In making a designation under paragraph (1), + the Secretary concerned shall designate the smallest area for the + least amount of time that is required for public safety, + administration, or compliance with applicable laws. (b) Closure Procedures.-- - (1) In general.--Except in an emergency, before permanently - or temporarily closing any Federal land to hunting, fishing, or - recreational shooting, the Secretary concerned shall-- - (A) consult with State fish and wildlife agencies; - and - (B) provide public notice and opportunity for - comment under paragraph (2). - (2) Public notice and comment.-- - (A) In general.--Public notice and comment shall - include-- - (i) a notice of intent-- - (I) published in advance of the - public comment period for the closure-- - (aa) in the Federal - Register; - (bb) on the website of the - applicable Federal agency; - (cc) on the website of the - Federal land unit, if - available; and - (dd) in at least 1 local - newspaper; - (II) made available in advance of - the public comment period to local - offices, chapters, and affiliate - organizations in the vicinity of the - closure that are signatories to the - memorandum of understanding entitled - ``Federal Lands Hunting, Fishing, and - Shooting Sports Roundtable Memorandum - of Understanding''; and - (III) that describes-- - (aa) the proposed closure; - and - (bb) the justification for - the proposed closure, including - an explanation of the reasons - and necessity for the decision - to close the area to hunting, - fishing, or recreational - shooting; and - (ii) an opportunity for public comment for - a period of-- - (I) not less than 60 days for a - permanent closure; or - (II) not less than 30 days for a - temporary closure. - (B) Final decision.--In a final decision to - permanently or temporarily close an area to hunting, - fishing, or recreation shooting, the Secretary - concerned shall-- - (i) respond in a reasoned manner to the - comments received; - (ii) explain how the Secretary concerned - resolved any significant issues raised by the - comments; and - (iii) show how the resolution led to the - closure. + (1) In general.--Except in an emergency, before permanently or + temporarily closing any Federal land to hunting, fishing, or + recreational shooting, the Secretary concerned shall-- + (A) consult with State fish and wildlife agencies; and + (B) provide public notice and opportunity for comment under + paragraph (2). + (2) Public notice and comment.-- + (A) In general.--Public notice and comment shall include-- + (i) a notice of intent-- + + (I) published in advance of the public comment + period for the closure-- + + (aa) in the Federal Register; + (bb) on the website of the applicable Federal + agency; + (cc) on the website of the Federal land unit, + if available; and + (dd) in at least 1 local newspaper; + + (II) made available in advance of the public + comment period to local offices, chapters, and + affiliate organizations in the vicinity of the closure + that are signatories to the memorandum of understanding + entitled ``Federal Lands Hunting, Fishing, and Shooting + Sports Roundtable Memorandum of Understanding''; and + (III) that describes-- + + (aa) the proposed closure; and + (bb) the justification for the proposed + closure, including an explanation of the reasons + and necessity for the decision to close the area to + hunting, fishing, or recreational shooting; and + (ii) an opportunity for public comment for a period + of-- + + (I) not less than 60 days for a permanent closure; + or + (II) not less than 30 days for a temporary closure. + + (B) Final decision.--In a final decision to permanently or + temporarily close an area to hunting, fishing, or recreation + shooting, the Secretary concerned shall-- + (i) respond in a reasoned manner to the comments + received; + (ii) explain how the Secretary concerned resolved any + significant issues raised by the comments; and + (iii) show how the resolution led to the closure. (c) Temporary Closures.-- - (1) In general.--A temporary closure under this section may - not exceed a period of 180 days. - (2) Renewal.--Except in an emergency, a temporary closure - for the same area of land closed to the same activities-- - (A) may not be renewed more than 3 times after the - first temporary closure; and - (B) must be subject to a separate notice and - comment procedure in accordance with subsection (b)(2). - (3) Effect of temporary closure.--Any Federal land that is - temporarily closed to hunting, fishing, or recreational - shooting under this section shall not become permanently closed - to that activity without a separate public notice and - opportunity to comment in accordance with subsection (b)(2). + (1) In general.--A temporary closure under this section may not + exceed a period of 180 days. + (2) Renewal.--Except in an emergency, a temporary closure for + the same area of land closed to the same activities-- + (A) may not be renewed more than 3 times after the first + temporary closure; and + (B) must be subject to a separate notice and comment + procedure in accordance with subsection (b)(2). + (3) Effect of temporary closure.--Any Federal land that is + temporarily closed to hunting, fishing, or recreational shooting + under this section shall not become permanently closed to that + activity without a separate public notice and opportunity to + comment in accordance with subsection (b)(2). (d) Reporting.--On an annual basis, the Secretaries concerned shall-- - (1) publish on a public website a list of all areas of - Federal land temporarily or permanently subject to a closure - under this section; and - (2) submit to the Committee on Energy and Natural Resources - and the Committee on Agriculture, Nutrition, and Forestry of - the Senate and the Committee on Natural Resources and the - Committee on Agriculture of the House of Representatives a - report that identifies-- - (A) a list of each area of Federal land temporarily - or permanently subject to a closure; - (B) the acreage of each closure; and - (C) a survey of-- - (i) the aggregate areas and acreage closed - under this section in each State; and - (ii) the percentage of Federal land in each - State closed under this section with respect to - hunting, fishing, and recreational shooting. + (1) publish on a public website a list of all areas of Federal + land temporarily or permanently subject to a closure under this + section; and + (2) submit to the Committee on Energy and Natural Resources and + the Committee on Agriculture, Nutrition, and Forestry of the Senate + and the Committee on Natural Resources and the Committee on + Agriculture of the House of Representatives a report that + identifies-- + (A) a list of each area of Federal land temporarily or + permanently subject to a closure; + (B) the acreage of each closure; and + (C) a survey of-- + (i) the aggregate areas and acreage closed under this + section in each State; and + (ii) the percentage of Federal land in each State + closed under this section with respect to hunting, fishing, + and recreational shooting. (e) Application.--This section shall not apply if the closure is-- - (1) less than 14 days in duration; and - (2) covered by a special use permit. - + (1) less than 14 days in duration; and + (2) covered by a special use permit. SEC. 4104. SHOOTING RANGES. - (a) In General.--Except as provided in subsection (b), the Secretary concerned may, in accordance with this section and other applicable law, lease or permit the use of Federal land for a shooting range. (b) Exception.--The Secretary concerned shall not lease or permit the use of Federal land for a shooting range within-- - (1) a component of the National Landscape Conservation - System; - (2) a component of the National Wilderness Preservation - System; - (3) any area that is-- - (A) designated as a wilderness study area; - (B) administratively classified as-- - (i) wilderness-eligible; or - (ii) wilderness-suitable; or - (C) a primitive or semiprimitive area; - (4) a national monument, national volcanic monument, or - national scenic area; or - (5) a component of the National Wild and Scenic Rivers - System (including areas designated for study for potential - addition to the National Wild and Scenic Rivers System). - + (1) a component of the National Landscape Conservation System; + (2) a component of the National Wilderness Preservation System; + (3) any area that is-- + (A) designated as a wilderness study area; + (B) administratively classified as-- + (i) wilderness-eligible; or + (ii) wilderness-suitable; or + (C) a primitive or semiprimitive area; + (4) a national monument, national volcanic monument, or + national scenic area; or + (5) a component of the National Wild and Scenic Rivers System + (including areas designated for study for potential addition to the + National Wild and Scenic Rivers System). SEC. 4105. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, AND - FISHING ON FEDERAL LAND. - +FISHING ON FEDERAL LAND. (a) Definitions.--In this section: - (1) Secretary.--The term ``Secretary'' means-- - (A) the Secretary, with respect to land - administered by-- - (i) the Director of the National Park - Service; - (ii) the Director of the United States Fish - and Wildlife Service; and - (iii) the Director of the Bureau of Land - Management; and - (B) the Secretary of Agriculture, with respect to - land administered by the Chief of the Forest Service. - (2) State or regional office.--The term ``State or regional - office'' means-- - (A) a State office of the Bureau of Land - Management; or - (B) a regional office of-- - (i) the National Park Service; - (ii) the United States Fish and Wildlife - Service; or - (iii) the Forest Service. - (3) Travel management plan.--The term ``travel management - plan'' means a plan for the management of travel-- - (A) with respect to land under the jurisdiction of - the National Park Service, on park roads and designated - routes under section 4.10 of title 36, Code of Federal - Regulations (or successor regulations); - (B) with respect to land under the jurisdiction of - the United States Fish and Wildlife Service, on the - land under a comprehensive conservation plan prepared - under section 4(e) of the National Wildlife Refuge - System Administration Act of 1966 (16 U.S.C. 668dd(e)); - (C) with respect to land under the jurisdiction of - the Forest Service, on National Forest System land - under part 212 of title 36, Code of Federal Regulations - (or successor regulations); and - (D) with respect to land under the jurisdiction of - the Bureau of Land Management, under a resource - management plan developed under the Federal Land Policy - and Management Act of 1976 (43 U.S.C. 1701 et seq.). + (1) Secretary.--The term ``Secretary'' means-- + (A) the Secretary, with respect to land administered by-- + (i) the Director of the National Park Service; + (ii) the Director of the United States Fish and + Wildlife Service; and + (iii) the Director of the Bureau of Land Management; + and + (B) the Secretary of Agriculture, with respect to land + administered by the Chief of the Forest Service. + (2) State or regional office.--The term ``State or regional + office'' means-- + (A) a State office of the Bureau of Land Management; or + (B) a regional office of-- + (i) the National Park Service; + (ii) the United States Fish and Wildlife Service; or + (iii) the Forest Service. + (3) Travel management plan.--The term ``travel management + plan'' means a plan for the management of travel-- + (A) with respect to land under the jurisdiction of the + National Park Service, on park roads and designated routes + under section 4.10 of title 36, Code of Federal Regulations (or + successor regulations); + (B) with respect to land under the jurisdiction of the + United States Fish and Wildlife Service, on the land under a + comprehensive conservation plan prepared under section 4(e) of + the National Wildlife Refuge System Administration Act of 1966 + (16 U.S.C. 668dd(e)); + (C) with respect to land under the jurisdiction of the + Forest Service, on National Forest System land under part 212 + of title 36, Code of Federal Regulations (or successor + regulations); and + (D) with respect to land under the jurisdiction of the + Bureau of Land Management, under a resource management plan + developed under the Federal Land Policy and Management Act of + 1976 (43 U.S.C. 1701 et seq.). (b) Priority Lists Required.-- - (1) In general.--Not later than 1 year after the date of - enactment of this Act, and biennially thereafter during the 10- - year period beginning on the date on which the first priority - list is completed, the Secretary shall prepare a priority list, - to be made publicly available on the website of the applicable - Federal agency referred to in subsection (a)(1), which shall - identify the location and acreage of land within the - jurisdiction of each State or regional office on which the - public is allowed, under Federal or State law, to hunt, fish, - or use the land for other recreational purposes but-- - (A) to which there is no public access or egress; - or - (B) to which public access or egress to the legal - boundaries of the land is significantly restricted (as - determined by the Secretary). - (2) Minimum size.--Any land identified under paragraph (1) - shall consist of contiguous acreage of at least 640 acres. - (3) Considerations.--In preparing the priority list - required under paragraph (1), the Secretary shall consider, - with respect to the land-- - (A) whether access is absent or merely restricted, - including the extent of the restriction; - (B) the likelihood of resolving the absence of or - restriction to public access; - (C) the potential for recreational use; - (D) any information received from the public or - other stakeholders during the nomination process - described in paragraph (5); and - (E) any other factor, as determined by the - Secretary. - (4) Adjacent land status.--For each parcel of land on the - priority list, the Secretary shall include in the priority list - whether resolving the issue of public access or egress to the - land would require acquisition of an easement, right-of-way, or - fee title from-- - (A) another Federal agency; - (B) a State, local, or Tribal government; or - (C) a private landowner. - (5) Nomination process.--In preparing a priority list under - this section, the Secretary shall provide an opportunity for - members of the public to nominate parcels for inclusion on the - priority list. + (1) In general.--Not later than 1 year after the date of + enactment of this Act, and biennially thereafter during the 10-year + period beginning on the date on which the first priority list is + completed, the Secretary shall prepare a priority list, to be made + publicly available on the website of the applicable Federal agency + referred to in subsection (a)(1), which shall identify the location + and acreage of land within the jurisdiction of each State or + regional office on which the public is allowed, under Federal or + State law, to hunt, fish, or use the land for other recreational + purposes but-- + (A) to which there is no public access or egress; or + (B) to which public access or egress to the legal + boundaries of the land is significantly restricted (as + determined by the Secretary). + (2) Minimum size.--Any land identified under paragraph (1) + shall consist of contiguous acreage of at least 640 acres. + (3) Considerations.--In preparing the priority list required + under paragraph (1), the Secretary shall consider, with respect to + the land-- + (A) whether access is absent or merely restricted, + including the extent of the restriction; + (B) the likelihood of resolving the absence of or + restriction to public access; + (C) the potential for recreational use; + (D) any information received from the public or other + stakeholders during the nomination process described in + paragraph (5); and + (E) any other factor, as determined by the Secretary. + (4) Adjacent land status.--For each parcel of land on the + priority list, the Secretary shall include in the priority list + whether resolving the issue of public access or egress to the land + would require acquisition of an easement, right-of-way, or fee + title from-- + (A) another Federal agency; + (B) a State, local, or Tribal government; or + (C) a private landowner. + (5) Nomination process.--In preparing a priority list under + this section, the Secretary shall provide an opportunity for + members of the public to nominate parcels for inclusion on the + priority list. (c) Access Options.--With respect to land included on a priority list described in subsection (b), the Secretary shall develop and submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report on options for providing access that-- - (1) identifies how public access and egress could - reasonably be provided to the legal boundaries of the land in a - manner that minimizes the impact on wildlife habitat and water - quality; - (2) specifies the steps recommended to secure the access - and egress, including acquiring an easement, right-of-way, or - fee title from a willing owner of any land that abuts the land - or the need to coordinate with State land management agencies - or other Federal, State, or Tribal governments to allow for - such access and egress; and - (3) is consistent with the travel management plan in effect - on the land. + (1) identifies how public access and egress could reasonably be + provided to the legal boundaries of the land in a manner that + minimizes the impact on wildlife habitat and water quality; + (2) specifies the steps recommended to secure the access and + egress, including acquiring an easement, right-of-way, or fee title + from a willing owner of any land that abuts the land or the need to + coordinate with State land management agencies or other Federal, + State, or Tribal governments to allow for such access and egress; + and + (3) is consistent with the travel management plan in effect on + the land. (d) Protection of Personally Identifying Information.--In making the priority list and report prepared under subsections (b) and (c) available, the Secretary shall ensure that no personally identifying @@ -10797,38 +9773,35 @@ land. public access and egress under subsections (b) and (c), the Secretary shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress-- - (1) by motorized or non-motorized vehicles; and - (2) on foot or horseback. + (1) by motorized or non-motorized vehicles; and + (2) on foot or horseback. (g) Effect.-- - (1) In general.--This section shall have no effect on - whether a particular recreational use shall be allowed on the - land included in a priority list under this section. - (2) Effect of allowable uses on agency consideration.--In - preparing the priority list under subsection (b), the Secretary - shall only consider recreational uses that are allowed on the - land at the time that the priority list is prepared. + (1) In general.--This section shall have no effect on whether a + particular recreational use shall be allowed on the land included + in a priority list under this section. + (2) Effect of allowable uses on agency consideration.--In + preparing the priority list under subsection (b), the Secretary + shall only consider recreational uses that are allowed on the land + at the time that the priority list is prepared. Subtitle C--Open Book on Equal Access to Justice SEC. 4201. FEDERAL ACTION TRANSPARENCY. - (a) Modification of Equal Access to Justice Provisions.-- - (1) Agency proceedings.--Section 504 of title 5, United - States Code, is amended-- - (A) in subsection (c)(1), by striking ``, United - States Code''; - (B) by redesignating subsection (f) as subsection - (i); and - (C) by striking subsection (e) and inserting the - following: + (1) Agency proceedings.--Section 504 of title 5, United States + Code, is amended-- + (A) in subsection (c)(1), by striking ``, United States + Code''; + (B) by redesignating subsection (f) as subsection (i); and + (C) by striking subsection (e) and inserting the following: ``(e)(1) Not later than March 31 of the first fiscal year beginning -after the date of enactment of the Natural Resources Management Act, -and every fiscal year thereafter, the Chairman of the Administrative -Conference of the United States, after consultation with the Chief -Counsel for Advocacy of the Small Business Administration, shall submit -to Congress and make publicly available online a report on the amount -of fees and other expenses awarded during the preceding fiscal year -under this section. +after the date of enactment of the John D. Dingell, Jr. Conservation, +Management, and Recreation Act, and every fiscal year thereafter, the +Chairman of the Administrative Conference of the United States, after +consultation with the Chief Counsel for Advocacy of the Small Business +Administration, shall submit to Congress and make publicly available +online a report on the amount of fees and other expenses awarded during +the preceding fiscal year under this section. ``(2) Each report under paragraph (1) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress @@ -10846,21 +9819,21 @@ date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under -this section made on or after the date of enactment of the Natural -Resources Management Act, the following information: - ``(1) The case name and number of the adversary - adjudication, if available, hyperlinked to the case, if - available. - ``(2) The name of the agency involved in the adversary - adjudication. - ``(3) A description of the claims in the adversary - adjudication. - ``(4) The name of each party to whom the award was made as - such party is identified in the order or other court document - making the award. - ``(5) The amount of the award. - ``(6) The basis for the finding that the position of the - agency concerned was not substantially justified. +this section made on or after the date of enactment of the John D. +Dingell, Jr. Conservation, Management, and Recreation Act, the +following information: + ``(1) The case name and number of the adversary adjudication, + if available, hyperlinked to the case, if available. + ``(2) The name of the agency involved in the adversary + adjudication. + ``(3) A description of the claims in the adversary + adjudication. + ``(4) The name of each party to whom the award was made as such + party is identified in the order or other court document making the + award. + ``(5) The amount of the award. + ``(6) The basis for the finding that the position of the agency + concerned was not substantially justified. ``(g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or a court order. @@ -10868,15 +9841,15 @@ law or a court order. Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g).''. - (2) Court cases.--Section 2412(d) of title 28, United - States Code, is amended by adding at the end the following: + (2) Court cases.--Section 2412(d) of title 28, United States + Code, is amended by adding at the end the following: ``(5)(A) Not later than March 31 of the first fiscal year beginning -after the date of enactment of the Natural Resources Management Act, -and every fiscal year thereafter, the Chairman of the Administrative -Conference of the United States shall submit to Congress and make -publicly available online a report on the amount of fees and other -expenses awarded during the preceding fiscal year pursuant to this -subsection. +after the date of enactment of the John D. Dingell, Jr. Conservation, +Management, and Recreation Act, and every fiscal year thereafter, the +Chairman of the Administrative Conference of the United States shall +submit to Congress and make publicly available online a report on the +amount of fees and other expenses awarded during the preceding fiscal +year pursuant to this subsection. ``(B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress @@ -10893,28 +9866,28 @@ nondisclosure provision in a settlement agreement. States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report-- - ``(i) any amounts paid under section 1304 of title 31 for a - judgment in the case; - ``(ii) the amount of the award of fees and other expenses; - and - ``(iii) the statute under which the plaintiff filed suit. + ``(i) any amounts paid under section 1304 of title 31 for a + judgment in the case; + ``(ii) the amount of the award of fees and other expenses; and + ``(iii) the statute under which the plaintiff filed suit. ``(6) As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under -this subsection made on or after the date of enactment of the Natural -Resources Management Act, the following information: - ``(A) The case name and number, hyperlinked to the case, if - available. - ``(B) The name of the agency involved in the case. - ``(C) The name of each party to whom the award was made as - such party is identified in the order or other court document - making the award. - ``(D) A description of the claims in the case. - ``(E) The amount of the award. - ``(F) The basis for the finding that the position of the - agency concerned was not substantially justified. +this subsection made on or after the date of enactment of the John D. +Dingell, Jr. Conservation, Management, and Recreation Act, the +following information: + ``(A) The case name and number, hyperlinked to the case, if + available. + ``(B) The name of the agency involved in the case. + ``(C) The name of each party to whom the award was made as such + party is identified in the order or other court document making the + award. + ``(D) A description of the claims in the case. + ``(E) The amount of the award. + ``(F) The basis for the finding that the position of the agency + concerned was not substantially justified. ``(7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order. @@ -10923,858 +9896,756 @@ the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).''. - (3) Technical and conforming amendments.--Section 2412 of - title 28, United States Code, is amended-- - (A) in subsection (d)(3), by striking ``United - States Code,''; and - (B) in subsection (e)-- - (i) by striking ``of section 2412 of title - 28, United States Code,'' and inserting ``of - this section''; and - (ii) by striking ``of such title'' and - inserting ``of this title''. + (3) Technical and conforming amendments.--Section 2412 of title + 28, United States Code, is amended-- + (A) in subsection (d)(3), by striking ``United States + Code,''; and + (B) in subsection (e)-- + (i) by striking ``of section 2412 of title 28, United + States Code,'' and inserting ``of this section''; and + (ii) by striking ``of such title'' and inserting ``of + this title''. (b) Judgment Fund Transparency.--Section 1304 of title 31, United States Code, is amended by adding at the end the following: ``(d) Beginning not later than the date that is 60 days after the -date of enactment of the Natural Resources Management Act, and unless -the disclosure of such information is otherwise prohibited by law or a -court order, the Secretary of the Treasury shall make available to the -public on a website, as soon as practicable, but not later than 30 days -after the date on which a payment under this section is tendered, the -following information with regard to that payment: - ``(1) The name of the specific agency or entity whose - actions gave rise to the claim or judgment. - ``(2) The name of the plaintiff or claimant. - ``(3) The name of counsel for the plaintiff or claimant. - ``(4) The amount paid representing principal liability, and - any amounts paid representing any ancillary liability, - including attorney fees, costs, and interest. - ``(5) A brief description of the facts that gave rise to - the claim. - ``(6) The name of the agency that submitted the claim.''. +date of enactment of the John D. Dingell, Jr. Conservation, Management, +and Recreation Act, and unless the disclosure of such information is +otherwise prohibited by law or a court order, the Secretary of the +Treasury shall make available to the public on a website, as soon as +practicable, but not later than 30 days after the date on which a +payment under this section is tendered, the following information with +regard to that payment: + ``(1) The name of the specific agency or entity whose actions + gave rise to the claim or judgment. + ``(2) The name of the plaintiff or claimant. + ``(3) The name of counsel for the plaintiff or claimant. + ``(4) The amount paid representing principal liability, and any + amounts paid representing any ancillary liability, including + attorney fees, costs, and interest. + ``(5) A brief description of the facts that gave rise to the + claim. + ``(6) The name of the agency that submitted the claim.''. Subtitle D--Migratory Bird Framework and Hunting Opportunities for Veterans SEC. 4301. FEDERAL CLOSING DATE FOR HUNTING OF DUCKS, MERGANSERS, AND - COOTS. - +COOTS. Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by adding at the end the following: ``(c) Federal Framework Closing Date for Hunting of Ducks, Mergansers, and Coots.-- - ``(1) Regulations relating to framework closing date.-- - ``(A) In general.--In promulgating regulations - under subsection (a) relating to the Federal framework - for the closing date up to which the States may select - seasons for migratory bird hunting, except as provided - in paragraph (2), the Secretary shall, with respect to - the hunting season for ducks, mergansers, and coots-- - ``(i) subject to subparagraph (B), adopt - the recommendation of each respective flyway - council (as defined in section 20.152 of title - 50, Code of Federal Regulations) for the - Federal framework if the Secretary determines - that the recommendation is consistent with - science-based and sustainable harvest - management; and - ``(ii) allow the States to establish the - closing date for the hunting season in - accordance with the Federal framework. - ``(B) Requirement.--The framework closing date - promulgated by the Secretary under subparagraph (A) - shall not be later than January 31 of each year. - ``(2) Special hunting days for youths, veterans, and active - military personnel.-- - ``(A) In general.--Notwithstanding the Federal - framework closing date under paragraph (1) and subject - to subparagraphs (B) and (C), the Secretary shall allow - States to select 2 days for youths and 2 days for - veterans (as defined in section 101 of title 38, United - States Code) and members of the Armed Forces on active - duty, including members of the National Guard and - Reserves on active duty (other than for training), to - hunt eligible ducks, geese, swans, mergansers, coots, - moorhens, and gallinules, if the Secretary determines - that the addition of those days is consistent with - science-based and sustainable harvest management. Such - days shall be treated as separate from, and in addition - to, the annual Federal framework hunting season - lengths. - ``(B) Requirements.--In selecting days under - subparagraph (A), a State shall ensure that-- - ``(i) the days selected-- - ``(I) may only include the hunting - of duck, geese, swan, merganser, coot, - moorhen, and gallinule species that are - eligible for hunting under the - applicable annual Federal framework; - ``(II) are not more than 14 days - before or after the Federal framework - hunting season for ducks, mergansers, - and coots; and - ``(III) are otherwise consistent - with the Federal framework; and - ``(ii) the total number of days in a - hunting season for any migratory bird species, - including any days selected under subparagraph - (A), is not more than 107 days. - ``(C) Limitation.--A State may combine the 2 days - allowed for youths with the 2 days allowed for veterans - and members of the Armed Forces on active duty under - subparagraph (A), but in no circumstance may a State - have more than a total of 4 additional days added to - its regular hunting season for any purpose. - ``(3) Regulations.--The Secretary shall promulgate - regulations in accordance with this subsection for the Federal - framework for migratory bird hunting for the 2019-2020 hunting - season and each hunting season thereafter.''. + ``(1) Regulations relating to framework closing date.-- + ``(A) In general.--In promulgating regulations under + subsection (a) relating to the Federal framework for the + closing date up to which the States may select seasons for + migratory bird hunting, except as provided in paragraph (2), + the Secretary shall, with respect to the hunting season for + ducks, mergansers, and coots-- + ``(i) subject to subparagraph (B), adopt the + recommendation of each respective flyway council (as + defined in section 20.152 of title 50, Code of Federal + Regulations) for the Federal framework if the Secretary + determines that the recommendation is consistent with + science-based and sustainable harvest management; and + ``(ii) allow the States to establish the closing date + for the hunting season in accordance with the Federal + framework. + ``(B) Requirement.--The framework closing date promulgated + by the Secretary under subparagraph (A) shall not be later than + January 31 of each year. + ``(2) Special hunting days for youths, veterans, and active + military personnel.-- + ``(A) In general.--Notwithstanding the Federal framework + closing date under paragraph (1) and subject to subparagraphs + (B) and (C), the Secretary shall allow States to select 2 days + for youths and 2 days for veterans (as defined in section 101 + of title 38, United States Code) and members of the Armed + Forces on active duty, including members of the National Guard + and Reserves on active duty (other than for training), to hunt + eligible ducks, geese, swans, mergansers, coots, moorhens, and + gallinules, if the Secretary determines that the addition of + those days is consistent with science-based and sustainable + harvest management. Such days shall be treated as separate + from, and in addition to, the annual Federal framework hunting + season lengths. + ``(B) Requirements.--In selecting days under subparagraph + (A), a State shall ensure that-- + ``(i) the days selected-- + + ``(I) may only include the hunting of duck, geese, + swan, merganser, coot, moorhen, and gallinule species + that are eligible for hunting under the applicable + annual Federal framework; + ``(II) are not more than 14 days before or after + the Federal framework hunting season for ducks, + mergansers, and coots; and + ``(III) are otherwise consistent with the Federal + framework; and + + ``(ii) the total number of days in a hunting season for + any migratory bird species, including any days selected + under subparagraph (A), is not more than 107 days. + ``(C) Limitation.--A State may combine the 2 days allowed + for youths with the 2 days allowed for veterans and members of + the Armed Forces on active duty under subparagraph (A), but in + no circumstance may a State have more than a total of 4 + additional days added to its regular hunting season for any + purpose. + ``(3) Regulations.--The Secretary shall promulgate regulations + in accordance with this subsection for the Federal framework for + migratory bird hunting for the 2019-2020 hunting season and each + hunting season thereafter.''. Subtitle E--Miscellaneous SEC. 4401. RESPECT FOR TREATIES AND RIGHTS. - Nothing in this title or the amendments made by this title-- - (1) affects or modifies any treaty or other right of any - federally recognized Indian Tribe; or - (2) modifies any provision of Federal law relating to - migratory birds or to endangered or threatened species. - + (1) affects or modifies any treaty or other right of any + federally recognized Indian Tribe; or + (2) modifies any provision of Federal law relating to migratory + birds or to endangered or threatened species. SEC. 4402. NO PRIORITY. - Nothing in this title or the amendments made by this title provides a preference to hunting, fishing, or recreational shooting over any other use of Federal land or water. - SEC. 4403. STATE AUTHORITY FOR FISH AND WILDLIFE. - Nothing in this title-- - (1) authorizes the Secretary of Agriculture or the - Secretary to require Federal licenses or permits to hunt and - fish on Federal land; or - (2) enlarges or diminishes the responsibility or authority - of States with respect to fish and wildlife management. + (1) authorizes the Secretary of Agriculture or the Secretary to + require Federal licenses or permits to hunt and fish on Federal + land; or + (2) enlarges or diminishes the responsibility or authority of + States with respect to fish and wildlife management. TITLE V--HAZARDS AND MAPPING SEC. 5001. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM. - (a) Definitions.--In this section: - (1) Secretary.--The term ``Secretary'' means the Secretary, - acting through the Director of the United States Geological - Survey. - (2) System.--The term ``System'' means the National Volcano - Early Warning and Monitoring System established under - subsection (b)(1)(A). + (1) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the United States Geological Survey. + (2) System.--The term ``System'' means the National Volcano + Early Warning and Monitoring System established under subsection + (b)(1)(A). (b) National Volcano Early Warning and Monitoring System.-- - (1) Establishment.-- - (A) In general.--The Secretary shall establish - within the United States Geological Survey a system, to - be known as the ``National Volcano Early Warning and - Monitoring System'', to monitor, warn, and protect - citizens of the United States from undue and avoidable - harm from volcanic activity. - (B) Purposes.--The purposes of the System are-- - (i) to organize, modernize, standardize, - and stabilize the monitoring systems of the - volcano observatories in the United States, - which includes the Alaska Volcano Observatory, - California Volcano Observatory, Cascades - Volcano Observatory, Hawaiian Volcano - Observatory, and Yellowstone Volcano - Observatory; and - (ii) to unify the monitoring systems of - volcano observatories in the United States into - a single interoperative system. - (C) Objective.--The objective of the System is to - monitor all the volcanoes in the United States at a - level commensurate with the threat posed by the - volcanoes by-- - (i) upgrading existing networks on - monitored volcanoes; - (ii) installing new networks on unmonitored - volcanoes; and - (iii) employing geodetic and other - components when applicable. - (2) System components.-- - (A) In general.--The System shall include-- - (i) a national volcano watch office that is - operational 24 hours a day and 7 days a week; - (ii) a national volcano data center; and - (iii) an external grants program to support - research in volcano monitoring science and - technology. - (B) Modernization activities.--Modernization - activities under the System shall include the - comprehensive application of emerging technologies, - including digital broadband seismometers, real-time - continuous Global Positioning System receivers, - satellite and airborne radar interferometry, acoustic - pressure sensors, and spectrometry to measure gas - emissions. - (3) Management.-- - (A) Management plan.-- - (i) In general.--Not later than 180 days - after the date of enactment of this Act, the - Secretary shall submit to Congress a 5-year - management plan for establishing and operating - the System. - (ii) Inclusions.--The management plan - submitted under clause (i) shall include-- - (I) annual cost estimates for - modernization activities and operation - of the System; - (II) annual milestones, standards, - and performance goals; and - (III) recommendations for, and - progress towards, establishing new, or - enhancing existing, partnerships to - leverage resources. - (B) Advisory committee.--The Secretary shall - establish an advisory committee to assist the Secretary - in implementing the System, to be comprised of - representatives of relevant agencies and members of the - scientific community, to be appointed by the Secretary. - (C) Partnerships.--The Secretary may enter into - cooperative agreements with institutions of higher - education and State agencies designating the - institutions of higher education and State agencies as - volcano observatory partners for the System. - (D) Coordination.--The Secretary shall coordinate - the activities under this section with the heads of - relevant Federal agencies, including-- - (i) the Secretary of Transportation; - (ii) the Administrator of the Federal - Aviation Administration; - (iii) the Administrator of the National - Oceanic and Atmospheric Administration; and - (iv) the Administrator of the Federal - Emergency Management Agency. - (4) Annual report.--Annually, the Secretary shall submit to - Congress a report that describes the activities carried out - under this section. + (1) Establishment.-- + (A) In general.--The Secretary shall establish within the + United States Geological Survey a system, to be known as the + ``National Volcano Early Warning and Monitoring System'', to + monitor, warn, and protect citizens of the United States from + undue and avoidable harm from volcanic activity. + (B) Purposes.--The purposes of the System are-- + (i) to organize, modernize, standardize, and stabilize + the monitoring systems of the volcano observatories in the + United States, which includes the Alaska Volcano + Observatory, California Volcano Observatory, Cascades + Volcano Observatory, Hawaiian Volcano Observatory, and + Yellowstone Volcano Observatory; and + (ii) to unify the monitoring systems of volcano + observatories in the United States into a single + interoperative system. + (C) Objective.--The objective of the System is to monitor + all the volcanoes in the United States at a level commensurate + with the threat posed by the volcanoes by-- + (i) upgrading existing networks on monitored volcanoes; + (ii) installing new networks on unmonitored volcanoes; + and + (iii) employing geodetic and other components when + applicable. + (2) System components.-- + (A) In general.--The System shall include-- + (i) a national volcano watch office that is operational + 24 hours a day and 7 days a week; + (ii) a national volcano data center; and + (iii) an external grants program to support research in + volcano monitoring science and technology. + (B) Modernization activities.--Modernization activities + under the System shall include the comprehensive application of + emerging technologies, including digital broadband + seismometers, real-time continuous Global Positioning System + receivers, satellite and airborne radar interferometry, + acoustic pressure sensors, and spectrometry to measure gas + emissions. + (3) Management.-- + (A) Management plan.-- + (i) In general.--Not later than 180 days after the date + of enactment of this Act, the Secretary shall submit to + Congress a 5-year management plan for establishing and + operating the System. + (ii) Inclusions.--The management plan submitted under + clause (i) shall include-- + + (I) annual cost estimates for modernization + activities and operation of the System; + (II) annual milestones, standards, and performance + goals; and + (III) recommendations for, and progress towards, + establishing new, or enhancing existing, partnerships + to leverage resources. + + (B) Advisory committee.--The Secretary shall establish an + advisory committee to assist the Secretary in implementing the + System, to be comprised of representatives of relevant agencies + and members of the scientific community, to be appointed by the + Secretary. + (C) Partnerships.--The Secretary may enter into cooperative + agreements with institutions of higher education and State + agencies designating the institutions of higher education and + State agencies as volcano observatory partners for the System. + (D) Coordination.--The Secretary shall coordinate the + activities under this section with the heads of relevant + Federal agencies, including-- + (i) the Secretary of Transportation; + (ii) the Administrator of the Federal Aviation + Administration; + (iii) the Administrator of the National Oceanic and + Atmospheric Administration; and + (iv) the Administrator of the Federal Emergency + Management Agency. + (4) Annual report.--Annually, the Secretary shall submit to + Congress a report that describes the activities carried out under + this section. (c) Funding.-- - (1) Authorization of appropriations.--There is authorized - to be appropriated to carry out this section $55,000,000 for - the period of fiscal years 2019 through 2023. - (2) Effect on other sources of federal funding.--Amounts - made available under this subsection shall supplement, and not - supplant, Federal funds made available for other United States - Geological Survey hazards activities and programs. - + (1) Authorization of appropriations.--There is authorized to be + appropriated to carry out this section $55,000,000 for the period + of fiscal years 2019 through 2023. + (2) Effect on other sources of federal funding.--Amounts made + available under this subsection shall supplement, and not supplant, + Federal funds made available for other United States Geological + Survey hazards activities and programs. SEC. 5002. REAUTHORIZATION OF NATIONAL GEOLOGIC MAPPING ACT OF 1992. - (a) Reauthorization.-- - (1) In general.--Section 9(a) of the National Geologic - Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking - ``2018'' and inserting ``2023''. - (2) Conforming amendment.--Section 4(b)(1) of the National - Geologic Mapping Act of 1992 (43 U.S.C. 31c(b)(1)) is amended - by striking ``Omnibus Public Land Management Act of 2009'' each - place it appears in subparagraphs (A) and (B) and inserting - ``Natural Resources Management Act''. + (1) In general.--Section 9(a) of the National Geologic Mapping + Act of 1992 (43 U.S.C. 31h(a)) is amended by striking ``2018'' and + inserting ``2023''. + (2) Conforming amendment.--Section 4(b)(1) of the National + Geologic Mapping Act of 1992 (43 U.S.C. 31c(b)(1)) is amended by + striking ``Omnibus Public Land Management Act of 2009'' each place + it appears in subparagraphs (A) and (B) and inserting ``John D. + Dingell, Jr. Conservation, Management, and Recreation Act''. (b) Geologic Mapping Advisory Committee.--Section 5(a)(3) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(3)) is amended by striking ``Associate Director for Geology'' and inserting ``Associate Director for Core Science Systems''. (c) Clerical Amendments.--Section 3 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31b) is amended-- - (1) in paragraph (4), by striking ``section 6(d)(3)'' and - inserting ``section 4(d)(3)''; - (2) in paragraph (5), by striking ``section 6(d)(1)'' and - inserting ``section 4(d)(1)''; and - (3) in paragraph (9), by striking ``section 6(d)(2)'' and - inserting ``section 4(d)(2)''. + (1) in paragraph (4), by striking ``section 6(d)(3)'' and + inserting ``section 4(d)(3)''; + (2) in paragraph (5), by striking ``section 6(d)(1)'' and + inserting ``section 4(d)(1)''; and + (3) in paragraph (9), by striking ``section 6(d)(2)'' and + inserting ``section 4(d)(2)''. TITLE VI--NATIONAL HERITAGE AREAS SEC. 6001. NATIONAL HERITAGE AREA DESIGNATIONS. - (a) In General.--The following areas are designated as National Heritage Areas, to be administered in accordance with this section: - (1) Appalachian forest national heritage area, west - virginia and maryland.-- - (A) In general.--There is established the - Appalachian Forest National Heritage Area in the States - of West Virginia and Maryland, as depicted on the map - entitled ``Appalachian Forest National Heritage Area'', - numbered T07/80,000, and dated October 2007, - including-- - (i) Barbour, Braxton, Grant, Greenbrier, - Hampshire, Hardy, Mineral, Morgan, Nicholas, - Pendleton, Pocahontas, Preston, Randolph, - Tucker, Upshur, and Webster Counties in West - Virginia; and - (ii) Allegany and Garrett Counties in - Maryland. - (B) Local coordinating entity.--The Appalachian - Forest Heritage Area, Inc., shall be-- - (i) the local coordinating entity for the - National Heritage Area designated by - subparagraph (A) (referred to in this - subparagraph as the ``local coordinating - entity''); and - (ii) governed by a board of directors that - shall-- - (I) include members to represent a - geographic balance across the counties - described in subparagraph (A) and the - States of West Virginia and Maryland; - (II) be composed of not fewer than - 7, and not more than 15, members - elected by the membership of the local - coordinating entity; - (III) be selected to represent a - balanced group of diverse interests, - including-- - (aa) the forest industry; - (bb) environmental - interests; - (cc) cultural heritage - interests; - (dd) tourism interests; and - (ee) regional agency - partners; - (IV) exercise all corporate powers - of the local coordinating entity; - (V) manage the activities and - affairs of the local coordinating - entity; and - (VI) subject to any limitations in - the articles and bylaws of the local - coordinating entity, this section, and - other applicable Federal or State law, - establish the policies of the local - coordinating entity. - (2) Maritime washington national heritage area, - washington.-- - (A) In general.--There is established the Maritime - Washington National Heritage Area in the State of - Washington, to include land in Whatcom, Skagit, - Snohomish, San Juan, Island, King, Pierce, Thurston, - Mason, Kitsap, Jefferson, Clallam, and Grays Harbor - Counties in the State that is at least partially - located within the area that is \1/4\-mile landward of - the shoreline, as generally depicted on the map - entitled ``Maritime Washington National Heritage Area - Proposed Boundary'', numbered 584/125,484, and dated - August, 2014. - (B) Local coordinating entity.--The Washington - Trust for Historic Preservation shall be the local - coordinating entity for the National Heritage Area - designated by subparagraph (A). - (3) Mountains to sound greenway national heritage area, - washington.-- - (A) In general.--There is established the Mountains - to Sound Greenway National Heritage Area in the State - of Washington, to consist of land in King and Kittitas - Counties in the State, as generally depicted on the map - entitled ``Mountains to Sound Greenway National - Heritage Area Proposed Boundary'', numbered 584/ - 125,483, and dated August, 2014 (referred to in this - paragraph as the ``map''). - (B) Local coordinating entity.--The Mountains to - Sound Greenway Trust shall be the local coordinating - entity for the National Heritage Area designated by - subparagraph (A). - (C) Map.--The map shall be on file and available - for public inspection in the appropriate offices of-- - (i) the National Park Service; - (ii) the Forest Service; - (iii) the Indian Tribes; and - (iv) the local coordinating entity. - (D) References to indian tribe; tribal.--Any - reference in this paragraph to the terms ``Indian - Tribe'' and ``Tribal'' shall be considered, for - purposes of the National Heritage Area designated by - subparagraph (A), to refer to each of the Tribal - governments of the Snoqualmie, Yakama, Tulalip, - Muckleshoot, and Colville Indian Tribes. - (E) Management requirements.--With respect to the - National Heritage Area designated by subparagraph (A)-- - (i) the preparation of an interpretive plan - under subsection (c)(2)(C)(vii) shall also - include plans for Tribal heritage; - (ii) the Secretary shall ensure that the - management plan developed under subsection (c) - is consistent with the trust responsibilities - of the Secretary to Indian Tribes and Tribal - treaty rights within the National Heritage - Area; - (iii) the interpretive plan and management - plan for the National Heritage Area shall be - developed in consultation with the Indian - Tribes; - (iv) nothing in this paragraph shall grant - or diminish any hunting, fishing, or gathering - treaty right of any Indian Tribe; and - (v) nothing in this paragraph affects the - authority of a State or an Indian Tribe to - manage fish and wildlife, including the - regulation of hunting and fishing within the - National Heritage Area. - (4) Sacramento-san joaquin delta national heritage area, - california.-- - (A) In general.--There is established the - Sacramento-San Joaquin Delta National Heritage Area in - the State of California, to consist of land in Contra - Costa, Sacramento, San Joaquin, Solano, and Yolo - Counties in the State, as generally depicted on the map - entitled ``Sacramento-San Joaquin Delta National - Heritage Area Proposed Boundary'', numbered T27/ - 105,030, and dated October 2012. - (B) Local coordinating entity.--The Delta - Protection Commission established by section 29735 of - the California Public Resources Code shall be the local - coordinating entity for the National Heritage Area - designated by subparagraph (A). - (C) Effect.--This paragraph shall not be - interpreted or implemented in a manner that directly or - indirectly has a negative effect on the operations of - the Central Valley Project, the State Water Project, or - any water supply facilities within the Bay-Delta - watershed. - (5) Santa cruz valley national heritage area, arizona.-- - (A) In general.--There is established the Santa - Cruz Valley National Heritage Area in the State of - Arizona, to consist of land in Pima and Santa Cruz - Counties in the State, as generally depicted on the map - entitled ``Santa Cruz Valley National Heritage Area'', - numbered T09/80,000, and dated November 13, 2007. - (B) Local coordinating entity.--Santa Cruz Valley - Heritage Alliance, Inc., a nonprofit organization - established under the laws of the State of Arizona, - shall be the local coordinating entity for the National - Heritage Area designated by subparagraph (A). - (6) Susquehanna national heritage area, pennsylvania.-- - (A) In general.--There is established the - Susquehanna National Heritage Area in the State of - Pennsylvania, to consist of land in Lancaster and York - Counties in the State. - (B) Local coordinating entity.--The Susquehanna - Heritage Corporation, a nonprofit organization - established under the laws of the State of - Pennsylvania, shall be the local coordinating entity - for the National Heritage Area designated by - subparagraph (A). + (1) Appalachian forest national heritage area, west virginia + and maryland.-- + (A) In general.--There is established the Appalachian + Forest National Heritage Area in the States of West Virginia + and Maryland, as depicted on the map entitled ``Appalachian + Forest National Heritage Area'', numbered T07/80,000, and dated + October 2007, including-- + (i) Barbour, Braxton, Grant, Greenbrier, Hampshire, + Hardy, Mineral, Morgan, Nicholas, Pendleton, Pocahontas, + Preston, Randolph, Tucker, Upshur, and Webster Counties in + West Virginia; and + (ii) Allegany and Garrett Counties in Maryland. + (B) Local coordinating entity.--The Appalachian Forest + Heritage Area, Inc., shall be-- + (i) the local coordinating entity for the National + Heritage Area designated by subparagraph (A) (referred to + in this subparagraph as the ``local coordinating entity''); + and + (ii) governed by a board of directors that shall-- + + (I) include members to represent a geographic + balance across the counties described in subparagraph + (A) and the States of West Virginia and Maryland; + (II) be composed of not fewer than 7, and not more + than 15, members elected by the membership of the local + coordinating entity; + (III) be selected to represent a balanced group of + diverse interests, including-- + + (aa) the forest industry; + (bb) environmental interests; + (cc) cultural heritage interests; + (dd) tourism interests; and + (ee) regional agency partners; + + (IV) exercise all corporate powers of the local + coordinating entity; + (V) manage the activities and affairs of the local + coordinating entity; and + (VI) subject to any limitations in the articles and + bylaws of the local coordinating entity, this section, + and other applicable Federal or State law, establish + the policies of the local coordinating entity. + + (2) Maritime washington national heritage area, washington.-- + (A) In general.--There is established the Maritime + Washington National Heritage Area in the State of Washington, + to include land in Whatcom, Skagit, Snohomish, San Juan, + Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, + Clallam, and Grays Harbor Counties in the State that is at + least partially located within the area that is \1/4\-mile + landward of the shoreline, as generally depicted on the map + entitled ``Maritime Washington National Heritage Area Proposed + Boundary'', numbered 584/125,484, and dated August, 2014. + (B) Local coordinating entity.--The Washington Trust for + Historic Preservation shall be the local coordinating entity + for the National Heritage Area designated by subparagraph (A). + (3) Mountains to sound greenway national heritage area, + washington.-- + (A) In general.--There is established the Mountains to + Sound Greenway National Heritage Area in the State of + Washington, to consist of land in King and Kittitas Counties in + the State, as generally depicted on the map entitled + ``Mountains to Sound Greenway National Heritage Area Proposed + Boundary'', numbered 584/125,483, and dated August, 2014 + (referred to in this paragraph as the ``map''). + (B) Local coordinating entity.--The Mountains to Sound + Greenway Trust shall be the local coordinating entity for the + National Heritage Area designated by subparagraph (A). + (C) Map.--The map shall be on file and available for public + inspection in the appropriate offices of-- + (i) the National Park Service; + (ii) the Forest Service; + (iii) the Indian Tribes; and + (iv) the local coordinating entity. + (D) References to indian tribe; tribal.--Any reference in + this paragraph to the terms ``Indian Tribe'' and ``Tribal'' + shall be considered, for purposes of the National Heritage Area + designated by subparagraph (A), to refer to each of the Tribal + governments of the Snoqualmie, Yakama, Tulalip, Muckleshoot, + and Colville Indian Tribes. + (E) Management requirements.--With respect to the National + Heritage Area designated by subparagraph (A)-- + (i) the preparation of an interpretive plan under + subsection (c)(2)(C)(vii) shall also include plans for + Tribal heritage; + (ii) the Secretary shall ensure that the management + plan developed under subsection (c) is consistent with the + trust responsibilities of the Secretary to Indian Tribes + and Tribal treaty rights within the National Heritage Area; + (iii) the interpretive plan and management plan for the + National Heritage Area shall be developed in consultation + with the Indian Tribes; + (iv) nothing in this paragraph shall grant or diminish + any hunting, fishing, or gathering treaty right of any + Indian Tribe; and + (v) nothing in this paragraph affects the authority of + a State or an Indian Tribe to manage fish and wildlife, + including the regulation of hunting and fishing within the + National Heritage Area. + (4) Sacramento-san joaquin delta national heritage area, + california.-- + (A) In general.--There is established the Sacramento-San + Joaquin Delta National Heritage Area in the State of + California, to consist of land in Contra Costa, Sacramento, San + Joaquin, Solano, and Yolo Counties in the State, as generally + depicted on the map entitled ``Sacramento-San Joaquin Delta + National Heritage Area Proposed Boundary'', numbered T27/ + 105,030, and dated October 2012. + (B) Local coordinating entity.--The Delta Protection + Commission established by section 29735 of the California + Public Resources Code shall be the local coordinating entity + for the National Heritage Area designated by subparagraph (A). + (C) Effect.--This paragraph shall not be interpreted or + implemented in a manner that directly or indirectly has a + negative effect on the operations of the Central Valley + Project, the State Water Project, or any water supply + facilities within the Bay-Delta watershed. + (5) Santa cruz valley national heritage area, arizona.-- + (A) In general.--There is established the Santa Cruz Valley + National Heritage Area in the State of Arizona, to consist of + land in Pima and Santa Cruz Counties in the State, as generally + depicted on the map entitled ``Santa Cruz Valley National + Heritage Area'', numbered T09/80,000, and dated November 13, + 2007. + (B) Local coordinating entity.--Santa Cruz Valley Heritage + Alliance, Inc., a nonprofit organization established under the + laws of the State of Arizona, shall be the local coordinating + entity for the National Heritage Area designated by + subparagraph (A). + (6) Susquehanna national heritage area, pennsylvania.-- + (A) In general.--There is established the Susquehanna + National Heritage Area in the State of Pennsylvania, to consist + of land in Lancaster and York Counties in the State. + (B) Local coordinating entity.--The Susquehanna Heritage + Corporation, a nonprofit organization established under the + laws of the State of Pennsylvania, shall be the local + coordinating entity for the National Heritage Area designated + by subparagraph (A). (b) Administration.-- - (1) Authorities.--For purposes of carrying out the - management plan for each of the National Heritage Areas - designated by subsection (a), the Secretary, acting through the - local coordinating entity, may use amounts made available under - subsection (g)-- - (A) to make grants to the State or a political - subdivision of the State, Indian Tribes, nonprofit - organizations, and other persons; - (B) to enter into cooperative agreements with, or - provide technical assistance to, the State or a - political subdivision of the State, Indian Tribes, - nonprofit organizations, and other interested parties; - (C) to hire and compensate staff, which shall - include individuals with expertise in natural, - cultural, and historical resources protection, and - heritage programming; - (D) to obtain money or services from any source - including any money or services that are provided under - any other Federal law or program; - (E) to contract for goods or services; and - (F) to undertake to be a catalyst for any other - activity that furthers the National Heritage Area and - is consistent with the approved management plan. - (2) Duties.--The local coordinating entity for each of the - National Heritage Areas designated by subsection (a) shall-- - (A) in accordance with subsection (c), prepare and - submit a management plan for the National Heritage Area - to the Secretary; - (B) assist Federal agencies, the State or a - political subdivision of the State, Indian Tribes, - regional planning organizations, nonprofit - organizations and other interested parties in carrying - out the approved management plan by-- - (i) carrying out programs and projects that - recognize, protect, and enhance important - resource values in the National Heritage Area; - (ii) establishing and maintaining - interpretive exhibits and programs in the - National Heritage Area; - (iii) developing recreational and - educational opportunities in the National - Heritage Area; - (iv) increasing public awareness of, and - appreciation for, natural, historical, scenic, - and cultural resources of the National Heritage - Area; - (v) protecting and restoring historic sites - and buildings in the National Heritage Area - that are consistent with National Heritage Area - themes; - (vi) ensuring that clear, consistent, and - appropriate signs identifying points of public - access and sites of interest are posted - throughout the National Heritage Area; and - (vii) promoting a wide range of - partnerships among the Federal Government, - State, Tribal, and local governments, - organizations, and individuals to further the - National Heritage Area; - (C) consider the interests of diverse units of - government, businesses, organizations, and individuals - in the National Heritage Area in the preparation and - implementation of the management plan; - (D) conduct meetings open to the public at least - semiannually regarding the development and - implementation of the management plan; - (E) for any year that Federal funds have been - received under this subsection-- - (i) submit to the Secretary an annual - report that describes the activities, expenses, - and income of the local coordinating entity - (including grants to any other entities during - the year that the report is made); - (ii) make available to the Secretary for - audit all records relating to the expenditure - of the funds and any matching funds; and - (iii) require, with respect to all - agreements authorizing expenditure of Federal - funds by other organizations, that the - organizations receiving the funds make - available to the Secretary for audit all - records concerning the expenditure of the - funds; and - (F) encourage by appropriate means economic - viability that is consistent with the National Heritage - Area. - (3) Prohibition on the acquisition of real property.--The - local coordinating entity shall not use Federal funds made - available under subsection (g) to acquire real property or any - interest in real property. + (1) Authorities.--For purposes of carrying out the management + plan for each of the National Heritage Areas designated by + subsection (a), the Secretary, acting through the local + coordinating entity, may use amounts made available under + subsection (g)-- + (A) to make grants to the State or a political subdivision + of the State, Indian Tribes, nonprofit organizations, and other + persons; + (B) to enter into cooperative agreements with, or provide + technical assistance to, the State or a political subdivision + of the State, Indian Tribes, nonprofit organizations, and other + interested parties; + (C) to hire and compensate staff, which shall include + individuals with expertise in natural, cultural, and historical + resources protection, and heritage programming; + (D) to obtain money or services from any source including + any money or services that are provided under any other Federal + law or program; + (E) to contract for goods or services; and + (F) to undertake to be a catalyst for any other activity + that furthers the National Heritage Area and is consistent with + the approved management plan. + (2) Duties.--The local coordinating entity for each of the + National Heritage Areas designated by subsection (a) shall-- + (A) in accordance with subsection (c), prepare and submit a + management plan for the National Heritage Area to the + Secretary; + (B) assist Federal agencies, the State or a political + subdivision of the State, Indian Tribes, regional planning + organizations, nonprofit organizations and other interested + parties in carrying out the approved management plan by-- + (i) carrying out programs and projects that recognize, + protect, and enhance important resource values in the + National Heritage Area; + (ii) establishing and maintaining interpretive exhibits + and programs in the National Heritage Area; + (iii) developing recreational and educational + opportunities in the National Heritage Area; + (iv) increasing public awareness of, and appreciation + for, natural, historical, scenic, and cultural resources of + the National Heritage Area; + (v) protecting and restoring historic sites and + buildings in the National Heritage Area that are consistent + with National Heritage Area themes; + (vi) ensuring that clear, consistent, and appropriate + signs identifying points of public access and sites of + interest are posted throughout the National Heritage Area; + and + (vii) promoting a wide range of partnerships among the + Federal Government, State, Tribal, and local governments, + organizations, and individuals to further the National + Heritage Area; + (C) consider the interests of diverse units of government, + businesses, organizations, and individuals in the National + Heritage Area in the preparation and implementation of the + management plan; + (D) conduct meetings open to the public at least + semiannually regarding the development and implementation of + the management plan; + (E) for any year that Federal funds have been received + under this subsection-- + (i) submit to the Secretary an annual report that + describes the activities, expenses, and income of the local + coordinating entity (including grants to any other entities + during the year that the report is made); + (ii) make available to the Secretary for audit all + records relating to the expenditure of the funds and any + matching funds; and + (iii) require, with respect to all agreements + authorizing expenditure of Federal funds by other + organizations, that the organizations receiving the funds + make available to the Secretary for audit all records + concerning the expenditure of the funds; and + (F) encourage by appropriate means economic viability that + is consistent with the National Heritage Area. + (3) Prohibition on the acquisition of real property.--The local + coordinating entity shall not use Federal funds made available + under subsection (g) to acquire real property or any interest in + real property. (c) Management Plan.-- - (1) In general.--Not later than 3 years after the date of - enactment of this Act, the local coordinating entity for each - of the National Heritage Areas designated by subsection (a) - shall submit to the Secretary for approval a proposed - management plan for the National Heritage Area. - (2) Requirements.--The management plan shall-- - (A) incorporate an integrated and cooperative - approach for the protection, enhancement, and - interpretation of the natural, cultural, historic, - scenic, and recreational resources of the National - Heritage Area; - (B) take into consideration Federal, State, local, - and Tribal plans and treaty rights; - (C) include-- - (i) an inventory of-- - (I) the resources located in the - National Heritage Area; and - (II) any other property in the - National Heritage Area that-- - (aa) is related to the - themes of the National Heritage - Area; and - (bb) should be preserved, - restored, managed, or - maintained because of the - significance of the property; - (ii) comprehensive policies, strategies and - recommendations for conservation, funding, - management, and development of the National - Heritage Area; - (iii) a description of actions that the - Federal Government, State, Tribal, and local - governments, private organizations, and - individuals have agreed to take to protect the - natural, historical, cultural, scenic, and - recreational resources of the National Heritage - Area; - (iv) a program of implementation for the - management plan by the local coordinating - entity that includes a description of-- - (I) actions to facilitate ongoing - collaboration among partners to promote - plans for resource protection, - restoration, and construction; and - (II) specific commitments for - implementation that have been made by - the local coordinating entity or any - government, organization, or individual - for the first 5 years of operation; - (v) the identification of sources of - funding for carrying out the management plan; - (vi) analysis and recommendations for means - by which Federal, State, local, and Tribal - programs, including the role of the National - Park Service in the National Heritage Area, may - best be coordinated to carry out this - subsection; and - (vii) an interpretive plan for the National - Heritage Area; and - (D) recommend policies and strategies for resource - management that consider and detail the application of - appropriate land and water management techniques, - including the development of intergovernmental and - interagency cooperative agreements to protect the - natural, historical, cultural, educational, scenic, and - recreational resources of the National Heritage Area. - (3) Deadline.--If a proposed management plan is not - submitted to the Secretary by the date that is 3 years after - the date of enactment of this Act, the local coordinating - entity shall be ineligible to receive additional funding under - this section until the date on which the Secretary receives and - approves the management plan. - (4) Approval or disapproval of management plan.-- - (A) In general.--Not later than 180 days after the - date of receipt of the management plan under paragraph - (1), the Secretary, in consultation with State and - Tribal governments, shall approve or disapprove the - management plan. - (B) Criteria for approval.--In determining whether - to approve the management plan, the Secretary shall - consider whether-- - (i) the local coordinating entity is - representative of the diverse interests of the - National Heritage Area, including Federal, - State, Tribal, and local governments, natural - and historic resource protection organizations, - educational institutions, businesses, and - recreational organizations; - (ii) the local coordinating entity has - afforded adequate opportunity, including public - hearings, for public and governmental - involvement in the preparation of the - management plan; and - (iii) the resource protection and - interpretation strategies contained in the - management plan, if implemented, would - adequately protect the natural, historical, and - cultural resources of the National Heritage - Area. - (C) Action following disapproval.--If the Secretary - disapproves the management plan under subparagraph (A), - the Secretary shall-- - (i) advise the local coordinating entity in - writing of the reasons for the disapproval; - (ii) make recommendations for revisions to - the management plan; and - (iii) not later than 180 days after the - receipt of any proposed revision of the - management plan from the local coordinating - entity, approve or disapprove the proposed - revision. - (D) Amendments.-- - (i) In general.--The Secretary shall - approve or disapprove each amendment to the - management plan that the Secretary determines - make a substantial change to the management - plan. - (ii) Use of funds.--The local coordinating - entity shall not use Federal funds authorized - by this subsection to carry out any amendments - to the management plan until the Secretary has - approved the amendments. + (1) In general.--Not later than 3 years after the date of + enactment of this Act, the local coordinating entity for each of + the National Heritage Areas designated by subsection (a) shall + submit to the Secretary for approval a proposed management plan for + the National Heritage Area. + (2) Requirements.--The management plan shall-- + (A) incorporate an integrated and cooperative approach for + the protection, enhancement, and interpretation of the natural, + cultural, historic, scenic, and recreational resources of the + National Heritage Area; + (B) take into consideration Federal, State, local, and + Tribal plans and treaty rights; + (C) include-- + (i) an inventory of-- + + (I) the resources located in the National Heritage + Area; and + (II) any other property in the National Heritage + Area that-- + + (aa) is related to the themes of the National + Heritage Area; and + (bb) should be preserved, restored, managed, or + maintained because of the significance of the + property; + (ii) comprehensive policies, strategies and + recommendations for conservation, funding, management, and + development of the National Heritage Area; + (iii) a description of actions that the Federal + Government, State, Tribal, and local governments, private + organizations, and individuals have agreed to take to + protect the natural, historical, cultural, scenic, and + recreational resources of the National Heritage Area; + (iv) a program of implementation for the management + plan by the local coordinating entity that includes a + description of-- + + (I) actions to facilitate ongoing collaboration + among partners to promote plans for resource + protection, restoration, and construction; and + (II) specific commitments for implementation that + have been made by the local coordinating entity or any + government, organization, or individual for the first 5 + years of operation; + + (v) the identification of sources of funding for + carrying out the management plan; + (vi) analysis and recommendations for means by which + Federal, State, local, and Tribal programs, including the + role of the National Park Service in the National Heritage + Area, may best be coordinated to carry out this subsection; + and + (vii) an interpretive plan for the National Heritage + Area; and + (D) recommend policies and strategies for resource + management that consider and detail the application of + appropriate land and water management techniques, including the + development of intergovernmental and interagency cooperative + agreements to protect the natural, historical, cultural, + educational, scenic, and recreational resources of the National + Heritage Area. + (3) Deadline.--If a proposed management plan is not submitted + to the Secretary by the date that is 3 years after the date of + enactment of this Act, the local coordinating entity shall be + ineligible to receive additional funding under this section until + the date on which the Secretary receives and approves the + management plan. + (4) Approval or disapproval of management plan.-- + (A) In general.--Not later than 180 days after the date of + receipt of the management plan under paragraph (1), the + Secretary, in consultation with State and Tribal governments, + shall approve or disapprove the management plan. + (B) Criteria for approval.--In determining whether to + approve the management plan, the Secretary shall consider + whether-- + (i) the local coordinating entity is representative of + the diverse interests of the National Heritage Area, + including Federal, State, Tribal, and local governments, + natural and historic resource protection organizations, + educational institutions, businesses, and recreational + organizations; + (ii) the local coordinating entity has afforded + adequate opportunity, including public hearings, for public + and governmental involvement in the preparation of the + management plan; and + (iii) the resource protection and interpretation + strategies contained in the management plan, if + implemented, would adequately protect the natural, + historical, and cultural resources of the National Heritage + Area. + (C) Action following disapproval.--If the Secretary + disapproves the management plan under subparagraph (A), the + Secretary shall-- + (i) advise the local coordinating entity in writing of + the reasons for the disapproval; + (ii) make recommendations for revisions to the + management plan; and + (iii) not later than 180 days after the receipt of any + proposed revision of the management plan from the local + coordinating entity, approve or disapprove the proposed + revision. + (D) Amendments.-- + (i) In general.--The Secretary shall approve or + disapprove each amendment to the management plan that the + Secretary determines make a substantial change to the + management plan. + (ii) Use of funds.--The local coordinating entity shall + not use Federal funds authorized by this subsection to + carry out any amendments to the management plan until the + Secretary has approved the amendments. (d) Relationship to Other Federal Agencies.-- - (1) In general.--Nothing in this section affects the - authority of a Federal agency to provide technical or financial - assistance under any other law. - (2) Consultation and coordination.--The head of any Federal - agency planning to conduct activities that may have an impact - on a National Heritage Area designated by subsection (a) is - encouraged to consult and coordinate the activities with the - Secretary and the local coordinating entity to the maximum - extent practicable. - (3) Other federal agencies.--Nothing in this section-- - (A) modifies, alters, or amends any law or - regulation authorizing a Federal agency to manage - Federal land under the jurisdiction of the Federal - agency; - (B) limits the discretion of a Federal land manager - to implement an approved land use plan within the - boundaries of a National Heritage Area designated by - subsection (a); or - (C) modifies, alters, or amends any authorized use - of Federal land under the jurisdiction of a Federal - agency. + (1) In general.--Nothing in this section affects the authority + of a Federal agency to provide technical or financial assistance + under any other law. + (2) Consultation and coordination.--The head of any Federal + agency planning to conduct activities that may have an impact on a + National Heritage Area designated by subsection (a) is encouraged + to consult and coordinate the activities with the Secretary and the + local coordinating entity to the maximum extent practicable. + (3) Other federal agencies.--Nothing in this section-- + (A) modifies, alters, or amends any law or regulation + authorizing a Federal agency to manage Federal land under the + jurisdiction of the Federal agency; + (B) limits the discretion of a Federal land manager to + implement an approved land use plan within the boundaries of a + National Heritage Area designated by subsection (a); or + (C) modifies, alters, or amends any authorized use of + Federal land under the jurisdiction of a Federal agency. (e) Private Property and Regulatory Protections.--Nothing in this section-- - (1) abridges the rights of any property owner (whether - public or private), including the right to refrain from - participating in any plan, project, program, or activity - conducted within a National Heritage Area designated by - subsection (a); - (2) requires any property owner-- - (A) to permit public access (including access by - Federal, State, or local agencies) to the property of - the property owner; or - (B) to modify public access or use of property of - the property owner under any other Federal, State, or - local law; - (3) alters any duly adopted land use regulation, approved - land use plan, or other regulatory authority of any Federal, - State, Tribal, or local agency; - (4) conveys any land use or other regulatory authority to - the local coordinating entity; - (5) authorizes or implies the reservation or appropriation - of water or water rights; - (6) enlarges or diminishes the treaty rights of any Indian - Tribe within the National Heritage Area; - (7) diminishes-- - (A) the authority of the State to manage fish and - wildlife, including the regulation of fishing and - hunting within a National Heritage Area designated by - subsection (a); or - (B) the authority of Indian Tribes to regulate - members of Indian Tribes with respect to fishing, - hunting, and gathering in the exercise of treaty - rights; or - (8) creates any liability, or affects any liability under - any other law, of any private property owner with respect to - any person injured on the private property. + (1) abridges the rights of any property owner (whether public + or private), including the right to refrain from participating in + any plan, project, program, or activity conducted within a National + Heritage Area designated by subsection (a); + (2) requires any property owner-- + (A) to permit public access (including access by Federal, + State, or local agencies) to the property of the property + owner; or + (B) to modify public access or use of property of the + property owner under any other Federal, State, or local law; + (3) alters any duly adopted land use regulation, approved land + use plan, or other regulatory authority of any Federal, State, + Tribal, or local agency; + (4) conveys any land use or other regulatory authority to the + local coordinating entity; + (5) authorizes or implies the reservation or appropriation of + water or water rights; + (6) enlarges or diminishes the treaty rights of any Indian + Tribe within the National Heritage Area; + (7) diminishes-- + (A) the authority of the State to manage fish and wildlife, + including the regulation of fishing and hunting within a + National Heritage Area designated by subsection (a); or + (B) the authority of Indian Tribes to regulate members of + Indian Tribes with respect to fishing, hunting, and gathering + in the exercise of treaty rights; or + (8) creates any liability, or affects any liability under any + other law, of any private property owner with respect to any person + injured on the private property. (f) Evaluation and Report.-- - (1) In general.--For each of the National Heritage Areas - designated by subsection (a), not later than 3 years before the - date on which authority for Federal funding terminates for each - National Heritage Area, the Secretary shall-- - (A) conduct an evaluation of the accomplishments of - the National Heritage Area; and - (B) prepare a report in accordance with paragraph - (3). - (2) Evaluation.--An evaluation conducted under paragraph - (1)(A) shall-- - (A) assess the progress of the local management - entity with respect to-- - (i) accomplishing the purposes of the - authorizing legislation for the National - Heritage Area; and - (ii) achieving the goals and objectives of - the approved management plan for the National - Heritage Area; - (B) analyze the investments of the Federal - Government, State, Tribal, and local governments, and - private entities in each National Heritage Area to - determine the impact of the investments; and - (C) review the management structure, partnership - relationships, and funding of the National Heritage - Area for purposes of identifying the critical - components for sustainability of the National Heritage - Area. - (3) Report.--Based on the evaluation conducted under - paragraph (1)(A), the Secretary shall submit to the Committee - on Energy and Natural Resources of the Senate and the Committee - on Natural Resources of the House of Representatives a report - that includes recommendations for the future role of the - National Park Service, if any, with respect to the National - Heritage Area. + (1) In general.--For each of the National Heritage Areas + designated by subsection (a), not later than 3 years before the + date on which authority for Federal funding terminates for each + National Heritage Area, the Secretary shall-- + (A) conduct an evaluation of the accomplishments of the + National Heritage Area; and + (B) prepare a report in accordance with paragraph (3). + (2) Evaluation.--An evaluation conducted under paragraph (1)(A) + shall-- + (A) assess the progress of the local management entity with + respect to-- + (i) accomplishing the purposes of the authorizing + legislation for the National Heritage Area; and + (ii) achieving the goals and objectives of the approved + management plan for the National Heritage Area; + (B) analyze the investments of the Federal Government, + State, Tribal, and local governments, and private entities in + each National Heritage Area to determine the impact of the + investments; and + (C) review the management structure, partnership + relationships, and funding of the National Heritage Area for + purposes of identifying the critical components for + sustainability of the National Heritage Area. + (3) Report.--Based on the evaluation conducted under paragraph + (1)(A), the Secretary shall submit to the Committee on Energy and + Natural Resources of the Senate and the Committee on Natural + Resources of the House of Representatives a report that includes + recommendations for the future role of the National Park Service, + if any, with respect to the National Heritage Area. (g) Authorization of Appropriations.-- - (1) In general.--There is authorized to be appropriated for - each National Heritage Area designated by subsection (a) to - carry out the purposes of this section $10,000,000, of which - not more than $1,000,000 may be made available in any fiscal - year. - (2) Availability.--Amounts made available under paragraph - (1) shall remain available until expended. - (3) Cost-sharing requirement.-- - (A) In general.--The Federal share of the total - cost of any activity under this section shall be not - more than 50 percent. - (B) Form.--The non-Federal contribution of the - total cost of any activity under this section may be in - the form of in-kind contributions of goods or services - fairly valued. - (4) Termination of authority.--The authority of the - Secretary to provide assistance under this section terminates - on the date that is 15 years after the date of enactment of - this Act. - + (1) In general.--There is authorized to be appropriated for + each National Heritage Area designated by subsection (a) to carry + out the purposes of this section $10,000,000, of which not more + than $1,000,000 may be made available in any fiscal year. + (2) Availability.--Amounts made available under paragraph (1) + shall remain available until expended. + (3) Cost-sharing requirement.-- + (A) In general.--The Federal share of the total cost of any + activity under this section shall be not more than 50 percent. + (B) Form.--The non-Federal contribution of the total cost + of any activity under this section may be in the form of in- + kind contributions of goods or services fairly valued. + (4) Termination of authority.--The authority of the Secretary + to provide assistance under this section terminates on the date + that is 15 years after the date of enactment of this Act. SEC. 6002. ADJUSTMENT OF BOUNDARIES OF LINCOLN NATIONAL HERITAGE AREA. - (a) Boundary Adjustment.--Section 443(b)(1) of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 819) is amended-- - (1) by inserting ``, Livingston,'' after ``LaSalle''; and - (2) by inserting ``, the city of Jonesboro in Union County, - and the city of Freeport in Stephenson County'' after - ``Woodford counties''. + (1) by inserting ``, Livingston,'' after ``LaSalle''; and + (2) by inserting ``, the city of Jonesboro in Union County, and + the city of Freeport in Stephenson County'' after ``Woodford + counties''. (b) Map.--The Secretary shall update the map referred to in section 443(b)(2) of the Consolidated Natural Resources Act of 2008 to reflect the boundary adjustment made by the amendments in subsection (a). - SEC. 6003. FINGER LAKES NATIONAL HERITAGE AREA STUDY. - (a) Definitions.--In this section: - (1) Heritage area.--The term ``Heritage Area'' means the - Finger Lakes National Heritage Area. - (2) State.--The term ``State'' means the State of New York. - (3) Study area.--The term ``study area'' means-- - (A) the counties in the State of Cayuga, Chemung, - Cortland, Livingston, Monroe, Onondaga, Ontario, - Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, and - Yates; and - (B) any other areas in the State that-- - (i) have heritage aspects that are similar - to the areas described in subparagraph (A); and - (ii) are adjacent to, or in the vicinity - of, those areas. + (1) Heritage area.--The term ``Heritage Area'' means the Finger + Lakes National Heritage Area. + (2) State.--The term ``State'' means the State of New York. + (3) Study area.--The term ``study area'' means-- + (A) the counties in the State of Cayuga, Chemung, Cortland, + Livingston, Monroe, Onondaga, Ontario, Schuyler, Seneca, + Steuben, Tioga, Tompkins, Wayne, and Yates; and + (B) any other areas in the State that-- + (i) have heritage aspects that are similar to the areas + described in subparagraph (A); and + (ii) are adjacent to, or in the vicinity of, those + areas. (b) Study.-- - (1) In general.--The Secretary, in consultation with State - and local historic preservation officers, State and local - historical societies, State and local tourism offices, and - other appropriate organizations and governmental agencies, - shall conduct a study to assess the suitability and feasibility - of designating the study area as a National Heritage Area, to - be known as the ``Finger Lakes National Heritage Area''. - (2) Requirements.--The study shall include analysis, - documentation, and determinations on whether the study area-- - (A) has an assemblage of natural, historic, and - cultural resources that-- - (i) represent distinctive aspects of the - heritage of the United States; - (ii) are worthy of recognition, - conservation, interpretation, and continuing - use; and - (iii) would be best managed-- - (I) through partnerships among - public and private entities; and - (II) by linking diverse and - sometimes noncontiguous resources and - active communities; - (B) reflects traditions, customs, beliefs, and - folklife that are a valuable part of the story of the - United States; - (C) provides outstanding opportunities-- - (i) to conserve natural, historic, - cultural, or scenic features; and - (ii) for recreation and education; - (D) contains resources that-- - (i) are important to any identified themes - of the study area; and - (ii) retain a degree of integrity capable - of supporting interpretation; - (E) includes residents, business interests, - nonprofit organizations, and State and local - governments that-- - (i) are involved in the planning of the - Heritage Area; - (ii) have developed a conceptual financial - plan that outlines the roles of all - participants in the Heritage Area, including - the Federal Government; and - (iii) have demonstrated support for the - designation of the Heritage Area; - (F) has a potential management entity to work in - partnership with the individuals and entities described - in subparagraph (E) to develop the Heritage Area while - encouraging State and local economic activity; and - (G) has a conceptual boundary map that is supported - by the public. + (1) In general.--The Secretary, in consultation with State and + local historic preservation officers, State and local historical + societies, State and local tourism offices, and other appropriate + organizations and governmental agencies, shall conduct a study to + assess the suitability and feasibility of designating the study + area as a National Heritage Area, to be known as the ``Finger Lakes + National Heritage Area''. + (2) Requirements.--The study shall include analysis, + documentation, and determinations on whether the study area-- + (A) has an assemblage of natural, historic, and cultural + resources that-- + (i) represent distinctive aspects of the heritage of + the United States; + (ii) are worthy of recognition, conservation, + interpretation, and continuing use; and + (iii) would be best managed-- + + (I) through partnerships among public and private + entities; and + (II) by linking diverse and sometimes noncontiguous + resources and active communities; + + (B) reflects traditions, customs, beliefs, and folklife + that are a valuable part of the story of the United States; + (C) provides outstanding opportunities-- + (i) to conserve natural, historic, cultural, or scenic + features; and + (ii) for recreation and education; + (D) contains resources that-- + (i) are important to any identified themes of the study + area; and + (ii) retain a degree of integrity capable of supporting + interpretation; + (E) includes residents, business interests, nonprofit + organizations, and State and local governments that-- + (i) are involved in the planning of the Heritage Area; + (ii) have developed a conceptual financial plan that + outlines the roles of all participants in the Heritage + Area, including the Federal Government; and + (iii) have demonstrated support for the designation of + the Heritage Area; + (F) has a potential management entity to work in + partnership with the individuals and entities described in + subparagraph (E) to develop the Heritage Area while encouraging + State and local economic activity; and + (G) has a conceptual boundary map that is supported by the + public. (c) Report.--Not later than 3 years after the date on which funds are first made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- - (1) the findings of the study under subsection (b); and - (2) any conclusions and recommendations of the Secretary. - + (1) the findings of the study under subsection (b); and + (2) any conclusions and recommendations of the Secretary. SEC. 6004. NATIONAL HERITAGE AREA AMENDMENTS. - (a) Rivers of Steel National Heritage Area.--Section 409(a) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104- 333; 110 Stat. 4256; 129 Stat. 2551) is amended in the second sentence, @@ -11791,9 +10662,9 @@ $20,000,000 may be appropriated for the canalway under this title.''. (d) Blue Ridge National Heritage Area.--The Blue Ridge National Heritage Area Act of 2003 (Public Law 108-108; 117 Stat. 1274; 131 Stat. 461; 132 Stat. 661) is amended-- - (1) in subsection (i)(1), by striking ``$12,000,000'' and - inserting ``$14,000,000''; and - (2) by striking subsection (j) and inserting the following: + (1) in subsection (i)(1), by striking ``$12,000,000'' and + inserting ``$14,000,000''; and + (2) by striking subsection (j) and inserting the following: ``(j) Termination of Authority.--The authority of the Secretary to provide assistance under this section terminates on September 30, 2021.''. @@ -11824,221 +10695,202 @@ Heritage Area Act (Public Law 108-447; 118 Stat. 3368) is amended by striking ``Oil Heritage Region, Inc.'' each place it appears and inserting ``Oil Region Alliance of Business, Industry and Tourism''. (k) Hudson River Valley National Heritage Area Redesignation.-- - (1) In general.--The Hudson River Valley National Heritage - Area Act of 1996 (Public Law 104-333; 110 Stat. 4275) is - amended by striking ``Hudson River Valley National Heritage - Area'' each place it appears and inserting ``Maurice D. Hinchey - Hudson River Valley National Heritage Area''. - (2) Reference in law.--Any reference in a law, map, - regulation, document, paper, or other record of the United - States to the Heritage Area referred to in paragraph (1) shall - be deemed to be a reference to the ``Maurice D. Hinchey Hudson - River Valley National Heritage Area''. + (1) In general.--The Hudson River Valley National Heritage Area + Act of 1996 (Public Law 104-333; 110 Stat. 4275) is amended by + striking ``Hudson River Valley National Heritage Area'' each place + it appears and inserting ``Maurice D. Hinchey Hudson River Valley + National Heritage Area''. + (2) Reference in law.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the + Heritage Area referred to in paragraph (1) shall be deemed to be a + reference to the ``Maurice D. Hinchey Hudson River Valley National + Heritage Area''. TITLE VII--WILDLIFE HABITAT AND CONSERVATION SEC. 7001. WILDLIFE HABITAT AND CONSERVATION. - (a) Partners for Fish and Wildlife Program Reauthorization.-- Section 5 of the Partners for Fish and Wildlife Act (16 U.S.C. 3774) is amended by striking ``2006 through 2011'' and inserting ``2019 through 2023''. (b) Fish and Wildlife Coordination.-- - (1) Purpose.--The purpose of this subsection is to protect - water, oceans, coasts, and wildlife from invasive species. - (2) Amendments to fish and wildlife coordination act.-- - (A) Short title; authorization.--The first section - of the Fish and Wildlife Coordination Act (16 U.S.C. - 661) is amended by striking ``For the purpose'' and - inserting the following: - + (1) Purpose.--The purpose of this subsection is to protect + water, oceans, coasts, and wildlife from invasive species. + (2) Amendments to fish and wildlife coordination act.-- + (A) Short title; authorization.--The first section of the + Fish and Wildlife Coordination Act (16 U.S.C. 661) is amended + by striking ``For the purpose'' and inserting the following: ``SECTION 1. SHORT TITLE; AUTHORIZATION. - ``(a) Short Title.--This Act may be cited as the `Fish and Wildlife Coordination Act'. ``(b) Authorization.--For the purpose''. - (B) Protection of water, oceans, coasts, and - wildlife from invasive species.--The Fish and Wildlife - Coordination Act (16 U.S.C. 661 et seq.) is amended by - adding at the end the following: - -``SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND WILDLIFE FROM - INVASIVE SPECIES. - + (B) Protection of water, oceans, coasts, and wildlife from + invasive species.--The Fish and Wildlife Coordination Act (16 + U.S.C. 661 et seq.) is amended by adding at the end the + following: + ``SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND WILDLIFE FROM + INVASIVE SPECIES. ``(a) Definitions.--In this section: - ``(1) Control.--The term `control', with respect to an - invasive species, means the eradication, suppression, or - reduction of the population of the invasive species within the - area in which the invasive species is present. - ``(2) Ecosystem.--The term `ecosystem' means the complex of - a community of organisms and the environment of the organisms. - ``(3) Eligible state.--The term `eligible State' means any - of-- - ``(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. - ``(4) Invasive species.-- - ``(A) In general.--The term `invasive species' - means an alien species, the introduction of which - causes, or is likely to cause, economic or - environmental harm or harm to human health. - ``(B) Associated definition.--For purposes of - subparagraph (A), the term `alien species', with - respect to a particular ecosystem, means any species - (including the seeds, eggs, spores, or other biological - material of the species that are capable of propagating - the species) that is not native to the affected - ecosystem. - ``(5) Manage; management.--The terms `manage' and - `management', with respect to an invasive species, mean the - active implementation of any activity-- - ``(A) to reduce or stop the spread of the invasive - species; and - ``(B) to inhibit further infestations of the - invasive species, the spread of the invasive species, - or harm caused by the invasive species, including - investigations regarding methods for early detection - and rapid response, prevention, control, or management - of the invasive species. - ``(6) Prevent.--The term `prevent', with respect to an - invasive species, means-- - ``(A) to hinder the introduction of the invasive - species onto land or water; or - ``(B) to impede the spread of the invasive species - within land or water by inspecting, intercepting, or - confiscating invasive species threats prior to the - establishment of the invasive species onto land or - water of an eligible State. - ``(7) Secretary concerned.--The term `Secretary concerned' - means-- - ``(A) the Secretary of the Army, with respect to - Federal land administered by the Corps of Engineers; - ``(B) the Secretary of the Interior, with respect - to Federal land administered by the Secretary of the - Interior through-- - ``(i) the United States Fish and Wildlife - Service; - ``(ii) the Bureau of Indian Affairs; - ``(iii) the Bureau of Land Management; - ``(iv) the Bureau of Reclamation; or - ``(v) the National Park Service; - ``(C) the Secretary of Agriculture, with respect to - Federal land administered by the Secretary of - Agriculture through the Forest Service; and - ``(D) the head or a representative of any other - Federal agency the duties of whom require planning - relating to, and the treatment of, invasive species for - the purpose of protecting water and wildlife on land - and coasts and in oceans and water. - ``(8) Species.--The term `species' means a group of - organisms, all of which-- - ``(A) have a high degree of genetic similarity; - ``(B) are morphologically distinct; - ``(C) generally-- - ``(i) interbreed at maturity only among - themselves; and - ``(ii) produce fertile offspring; and - ``(D) show persistent differences from members of - allied groups of organisms. + ``(1) Control.--The term `control', with respect to an invasive + species, means the eradication, suppression, or reduction of the + population of the invasive species within the area in which the + invasive species is present. + ``(2) Ecosystem.--The term `ecosystem' means the complex of a + community of organisms and the environment of the organisms. + ``(3) Eligible state.--The term `eligible State' means any of-- + ``(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. + ``(4) Invasive species.-- + ``(A) In general.--The term `invasive species' means an + alien species, the introduction of which causes, or is likely + to cause, economic or environmental harm or harm to human + health. + ``(B) Associated definition.--For purposes of subparagraph + (A), the term `alien species', with respect to a particular + ecosystem, means any species (including the seeds, eggs, + spores, or other biological material of the species that are + capable of propagating the species) that is not native to the + affected ecosystem. + ``(5) Manage; management.--The terms `manage' and `management', + with respect to an invasive species, mean the active implementation + of any activity-- + ``(A) to reduce or stop the spread of the invasive species; + and + ``(B) to inhibit further infestations of the invasive + species, the spread of the invasive species, or harm caused by + the invasive species, including investigations regarding + methods for early detection and rapid response, prevention, + control, or management of the invasive species. + ``(6) Prevent.--The term `prevent', with respect to an invasive + species, means-- + ``(A) to hinder the introduction of the invasive species + onto land or water; or + ``(B) to impede the spread of the invasive species within + land or water by inspecting, intercepting, or confiscating + invasive species threats prior to the establishment of the + invasive species onto land or water of an eligible State. + ``(7) Secretary concerned.--The term `Secretary concerned' + means-- + ``(A) the Secretary of the Army, with respect to Federal + land administered by the Corps of Engineers; + ``(B) the Secretary of the Interior, with respect to + Federal land administered by the Secretary of the Interior + through-- + ``(i) the United States Fish and Wildlife Service; + ``(ii) the Bureau of Indian Affairs; + ``(iii) the Bureau of Land Management; + ``(iv) the Bureau of Reclamation; or + ``(v) the National Park Service; + ``(C) the Secretary of Agriculture, with respect to Federal + land administered by the Secretary of Agriculture through the + Forest Service; and + ``(D) the head or a representative of any other Federal + agency the duties of whom require planning relating to, and the + treatment of, invasive species for the purpose of protecting + water and wildlife on land and coasts and in oceans and water. + ``(8) Species.--The term `species' means a group of organisms, + all of which-- + ``(A) have a high degree of genetic similarity; + ``(B) are morphologically distinct; + ``(C) generally-- + ``(i) interbreed at maturity only among themselves; and + ``(ii) produce fertile offspring; and + ``(D) show persistent differences from members of allied + groups of organisms. ``(b) Control and Management.--Each Secretary concerned shall plan and carry out activities on land directly managed by the Secretary concerned to protect water and wildlife by controlling and managing invasive species-- - ``(1) to inhibit or reduce the populations of invasive - species; and - ``(2) to effectuate restoration or reclamation efforts. + ``(1) to inhibit or reduce the populations of invasive species; + and + ``(2) to effectuate restoration or reclamation efforts. ``(c) Strategic Plan.-- - ``(1) In general.--Each Secretary concerned shall develop a - strategic plan for the implementation of the invasive species - program to achieve, to the maximum extent practicable, a - substantive annual net reduction of invasive species - populations or infested acreage on land or water managed by the - Secretary concerned. - ``(2) Coordination.--Each strategic plan under paragraph - (1) shall be developed-- - ``(A) in coordination with affected-- - ``(i) eligible States; and - ``(ii) political subdivisions of eligible - States; - ``(B) in consultation with federally recognized - Indian tribes; and - ``(C) in accordance with the priorities established - by 1 or more Governors of the eligible States in which - an ecosystem affected by an invasive species is - located. - ``(3) Factors for consideration.--In developing a strategic - plan under this subsection, the Secretary concerned shall take - into consideration the economic and ecological costs of action - or inaction, as applicable. + ``(1) In general.--Each Secretary concerned shall develop a + strategic plan for the implementation of the invasive species + program to achieve, to the maximum extent practicable, a + substantive annual net reduction of invasive species populations or + infested acreage on land or water managed by the Secretary + concerned. + ``(2) Coordination.--Each strategic plan under paragraph (1) + shall be developed-- + ``(A) in coordination with affected-- + ``(i) eligible States; and + ``(ii) political subdivisions of eligible States; + ``(B) in consultation with federally recognized Indian + tribes; and + ``(C) in accordance with the priorities established by 1 or + more Governors of the eligible States in which an ecosystem + affected by an invasive species is located. + ``(3) Factors for consideration.--In developing a strategic + plan under this subsection, the Secretary concerned shall take into + consideration the economic and ecological costs of action or + inaction, as applicable. ``(d) Cost-effective Methods.--In selecting a method to be used to control or manage an invasive species as part of a specific control or management project conducted as part of a strategic plan developed under subsection (c), the Secretary concerned shall prioritize the use of methods that-- - ``(1) effectively control and manage invasive species, as - determined by the Secretary concerned, based on sound - scientific data; - ``(2) minimize environmental impacts; and - ``(3) control and manage invasive species in the most cost- - effective manner. + ``(1) effectively control and manage invasive species, as + determined by the Secretary concerned, based on sound scientific + data; + ``(2) minimize environmental impacts; and + ``(3) control and manage invasive species in the most cost- + effective manner. ``(e) Comparative Economic Assessment.--To achieve compliance with subsection (d), the Secretary concerned shall require a comparative economic assessment of invasive species control and management methods to be conducted. ``(f) Expedited Action.-- - ``(1) In general.--The Secretaries concerned shall use all - tools and flexibilities available (as of the date of enactment - of this section) to expedite the projects and activities - described in paragraph (2). - ``(2) Description of projects and activities.--A project or - activity referred to in paragraph (1) is a project or - activity-- - ``(A) to protect water or wildlife from an invasive - species that, as determined by the Secretary concerned - is, or will be, carried out on land or water that is-- - ``(i) directly managed by the Secretary - concerned; and - ``(ii) located in an area that is-- - ``(I) at high risk for the - introduction, establishment, or spread - of invasive species; and - ``(II) determined by the Secretary - concerned to require immediate action - to address the risk identified in - subclause (I); and - ``(B) carried out in accordance with applicable - agency procedures, including any applicable-- - ``(i) land or resource management plan; or - ``(ii) land use plan. + ``(1) In general.--The Secretaries concerned shall use all + tools and flexibilities available (as of the date of enactment of + this section) to expedite the projects and activities described in + paragraph (2). + ``(2) Description of projects and activities.--A project or + activity referred to in paragraph (1) is a project or activity-- + ``(A) to protect water or wildlife from an invasive species + that, as determined by the Secretary concerned is, or will be, + carried out on land or water that is-- + ``(i) directly managed by the Secretary concerned; and + ``(ii) located in an area that is-- + + ``(I) at high risk for the introduction, + establishment, or spread of invasive species; and + ``(II) determined by the Secretary concerned to + require immediate action to address the risk identified + in subclause (I); and + + ``(B) carried out in accordance with applicable agency + procedures, including any applicable-- + ``(i) land or resource management plan; or + ``(ii) land use plan. ``(g) Allocation of Funding.--Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include protection of land or water from an invasive species, the Secretary concerned shall use not less than 75 percent for on-the-ground control and management of invasive species, which may include-- - ``(1) the purchase of necessary products, equipment, or - services to conduct that control and management; - ``(2) the use of integrated pest management options, - including options that use pesticides authorized for sale, - distribution, or use under the Federal Insecticide, Fungicide, - and Rodenticide Act (7 U.S.C. 136 et seq.); - ``(3) the use of biological control agents that are proven - to be effective to reduce invasive species populations; - ``(4) the use of revegetation or cultural restoration - methods designed to improve the diversity and richness of - ecosystems; - ``(5) the use of monitoring and detection activities for - invasive species, including equipment, detection dogs, and - mechanical devices; - ``(6) the use of appropriate methods to remove invasive - species from a vehicle or vessel capable of conveyance; or - ``(7) the use of other effective mechanical or manual - control methods. + ``(1) the purchase of necessary products, equipment, or + services to conduct that control and management; + ``(2) the use of integrated pest management options, including + options that use pesticides authorized for sale, distribution, or + use under the Federal Insecticide, Fungicide, and Rodenticide Act + (7 U.S.C. 136 et seq.); + ``(3) the use of biological control agents that are proven to + be effective to reduce invasive species populations; + ``(4) the use of revegetation or cultural restoration methods + designed to improve the diversity and richness of ecosystems; + ``(5) the use of monitoring and detection activities for + invasive species, including equipment, detection dogs, and + mechanical devices; + ``(6) the use of appropriate methods to remove invasive species + from a vehicle or vessel capable of conveyance; or + ``(7) the use of other effective mechanical or manual control + methods. ``(h) Investigations, Outreach, and Public Awareness.--Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include @@ -12057,24 +10909,24 @@ subsection (c). ``(j) Reporting Requirements.--Not later than 60 days after the end of the second fiscal year beginning after the date of enactment of this section, each Secretary concerned shall submit to Congress a report-- - ``(1) describing the use by the Secretary concerned during - the 2 preceding fiscal years of funds for programs that address - or include invasive species management; and - ``(2) specifying the percentage of funds expended for each - of the purposes specified in subsections (g), (h), and (i). + ``(1) describing the use by the Secretary concerned during the + 2 preceding fiscal years of funds for programs that address or + include invasive species management; and + ``(2) specifying the percentage of funds expended for each of + the purposes specified in subsections (g), (h), and (i). ``(k) Relation to Other Authority.-- - ``(1) Other invasive species control, prevention, and - management authorities.--Nothing in this section precludes the - Secretary concerned from pursuing or supporting, pursuant to - any other provision of law, any activity regarding the control, - prevention, or management of an invasive species, including - investigations to improve the control, prevention, or - management of the invasive species. - ``(2) Public water supply systems.--Nothing in this section - authorizes the Secretary concerned to suspend any water - delivery or diversion, or otherwise to prevent the operation of - a public water supply system, as a measure to control, manage, - or prevent the introduction or spread of an invasive species. + ``(1) Other invasive species control, prevention, and + management authorities.--Nothing in this section precludes the + Secretary concerned from pursuing or supporting, pursuant to any + other provision of law, any activity regarding the control, + prevention, or management of an invasive species, including + investigations to improve the control, prevention, or management of + the invasive species. + ``(2) Public water supply systems.--Nothing in this section + authorizes the Secretary concerned to suspend any water delivery or + diversion, or otherwise to prevent the operation of a public water + supply system, as a measure to control, manage, or prevent the + introduction or spread of an invasive species. ``(l) Use of Partnerships.--Subject to the subsections (m) and (n), the Secretary concerned may enter into any contract or cooperative agreement with another Federal agency, an eligible State, a federally @@ -12082,281 +10934,252 @@ recognized Indian tribe, a political subdivision of an eligible State, or a private individual or entity to assist with the control and management of an invasive species. ``(m) Memorandum of Understanding.-- - ``(1) In general.--As a condition of a contract or - cooperative agreement under subsection (l), the Secretary - concerned and the applicable Federal agency, eligible State, - political subdivision of an eligible State, or private - individual or entity shall enter into a memorandum of - understanding that describes-- - ``(A) the nature of the partnership between the - parties to the memorandum of understanding; and - ``(B) the control and management activities to be - conducted under the contract or cooperative agreement. - ``(2) Contents.--A memorandum of understanding under this - subsection shall contain, at a minimum, the following: - ``(A) A prioritized listing of each invasive - species to be controlled or managed. - ``(B) An assessment of the total acres of land or - area of water infested by the invasive species. - ``(C) An estimate of the expected total acres of - land or area of water infested by the invasive species - after control and management of the invasive species is - attempted. - ``(D) A description of each specific, integrated - pest management option to be used, including a - comparative economic assessment to determine the least- - costly method. - ``(E) Any map, boundary, or Global Positioning - System coordinates needed to clearly identify the area - in which each control or management activity is - proposed to be conducted. - ``(F) A written assurance that each partner will - comply with section 15 of the Federal Noxious Weed Act - of 1974 (7 U.S.C. 2814). - ``(3) Coordination.--If a partner to a contract or - cooperative agreement under subsection (l) is an eligible - State, political subdivision of an eligible State, or private - individual or entity, the memorandum of understanding under - this subsection shall include a description of-- - ``(A) the means by which each applicable control or - management effort will be coordinated; and - ``(B) the expected outcomes of managing and - controlling the invasive species. - ``(4) Public outreach and awareness efforts.--If a contract - or cooperative agreement under subsection (l) involves any - outreach or public awareness effort, the memorandum of - understanding under this subsection shall include a list of - goals and objectives for each outreach or public awareness - effort that have been determined to be efficient to inform - national, regional, State, Tribal, or local audiences regarding - invasive species control and management. + ``(1) In general.--As a condition of a contract or cooperative + agreement under subsection (l), the Secretary concerned and the + applicable Federal agency, eligible State, political subdivision of + an eligible State, or private individual or entity shall enter into + a memorandum of understanding that describes-- + ``(A) the nature of the partnership between the parties to + the memorandum of understanding; and + ``(B) the control and management activities to be conducted + under the contract or cooperative agreement. + ``(2) Contents.--A memorandum of understanding under this + subsection shall contain, at a minimum, the following: + ``(A) A prioritized listing of each invasive species to be + controlled or managed. + ``(B) An assessment of the total acres of land or area of + water infested by the invasive species. + ``(C) An estimate of the expected total acres of land or + area of water infested by the invasive species after control + and management of the invasive species is attempted. + ``(D) A description of each specific, integrated pest + management option to be used, including a comparative economic + assessment to determine the least-costly method. + ``(E) Any map, boundary, or Global Positioning System + coordinates needed to clearly identify the area in which each + control or management activity is proposed to be conducted. + ``(F) A written assurance that each partner will comply + with section 15 of the Federal Noxious Weed Act of 1974 (7 + U.S.C. 2814). + ``(3) Coordination.--If a partner to a contract or cooperative + agreement under subsection (l) is an eligible State, political + subdivision of an eligible State, or private individual or entity, + the memorandum of understanding under this subsection shall include + a description of-- + ``(A) the means by which each applicable control or + management effort will be coordinated; and + ``(B) the expected outcomes of managing and controlling the + invasive species. + ``(4) Public outreach and awareness efforts.--If a contract or + cooperative agreement under subsection (l) involves any outreach or + public awareness effort, the memorandum of understanding under this + subsection shall include a list of goals and objectives for each + outreach or public awareness effort that have been determined to be + efficient to inform national, regional, State, Tribal, or local + audiences regarding invasive species control and management. ``(n) Investigations.--The purpose of any invasive species-related investigation carried out under a contract or cooperative agreement under subsection (l) shall be-- - ``(1) to develop solutions and specific recommendations for - control and management of invasive species; and - ``(2) specifically to provide faster implementation of - control and management methods. + ``(1) to develop solutions and specific recommendations for + control and management of invasive species; and + ``(2) specifically to provide faster implementation of control + and management methods. ``(o) Coordination With Affected Local Governments.--Each project and activity carried out pursuant to this section shall be coordinated with affected local governments in a manner that is consistent with section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9)).''. (c) Wildlife Conservation.-- - (1) Reauthorizations.-- - (A) Reauthorization of african elephant - conservation act.--Section 2306(a) of the African - Elephant Conservation Act (16 U.S.C. 4245(a)) is - amended by striking ``2007 through 2012'' and inserting - ``2019 through 2023''. - (B) Reauthorization of asian elephant conservation - act of 1997.--Section 8(a) of the Asian Elephant - Conservation Act of 1997 (16 U.S.C. 4266(a)) is amended - by striking ``2007 through 2012'' and inserting ``2019 - through 2023''. - (C) Reauthorization of rhinoceros and tiger - conservation act of 1994.--Section 10(a) of the - Rhinoceros and Tiger Conservation Act of 1994 (16 - U.S.C. 5306(a)) is amended by striking ``2007 through - 2012'' and inserting ``2019 through 2023''. - (2) Amendments to great ape conservation act of 2000.-- - (A) Panel.--Section 4(i) of the Great Ape - Conservation Act of 2000 (16 U.S.C. 6303(i)) is - amended-- - (i) by striking paragraph (1) and inserting - the following: - ``(1) Convention.--Not later than 1 year after the date of - enactment of the Natural Resources Management Act, and every 5 - years thereafter, the Secretary may convene a panel of experts - on great apes to identify the greatest needs and priorities for - the conservation of great apes.''; - (ii) by redesignating paragraph (2) as - paragraph (5); and - (iii) by inserting after paragraph (1) the - following: - ``(2) Composition.--The Secretary shall ensure that the - panel referred to in paragraph (1) includes, to the maximum - extent practicable, 1 or more representatives-- - ``(A) from each country that comprises the natural - range of great apes; and - ``(B) with expertise in great ape conservation. - ``(3) Conservation plans.--In identifying the conservation - needs and priorities under paragraph (1), the panel referred to - in that paragraph shall consider any relevant great ape - conservation plan or strategy, including scientific research - and findings relating to-- - ``(A) the conservation needs and priorities of - great apes; - ``(B) any regional or species-specific action plan - or strategy; - ``(C) any applicable strategy developed or - initiated by the Secretary; and - ``(D) any other applicable conservation plan or - strategy. - ``(4) Funds.--Subject to the availability of - appropriations, the Secretary may use amounts available to the - Secretary to pay for the costs of convening and facilitating - any meeting of the panel referred to in paragraph (1).''. - (B) Multiyear grants.--Section 4 of the Great Ape - Conservation Act of 2000 (16 U.S.C. 6303) is amended by - adding at the end the following: + (1) Reauthorizations.-- + (A) Reauthorization of african elephant conservation act.-- + Section 2306(a) of the African Elephant Conservation Act (16 + U.S.C. 4245(a)) is amended by striking ``2007 through 2012'' + and inserting ``2019 through 2023''. + (B) Reauthorization of asian elephant conservation act of + 1997.--Section 8(a) of the Asian Elephant Conservation Act of + 1997 (16 U.S.C. 4266(a)) is amended by striking ``2007 through + 2012'' and inserting ``2019 through 2023''. + (C) Reauthorization of rhinoceros and tiger conservation + act of 1994.--Section 10(a) of the Rhinoceros and Tiger + Conservation Act of 1994 (16 U.S.C. 5306(a)) is amended by + striking ``2007 through 2012'' and inserting ``2019 through + 2023''. + (2) Amendments to great ape conservation act of 2000.-- + (A) Panel.--Section 4(i) of the Great Ape Conservation Act + of 2000 (16 U.S.C. 6303(i)) is amended-- + (i) by striking paragraph (1) and inserting the + following: + ``(1) Convention.--Not later than 1 year after the date of + enactment of the John D. Dingell, Jr. Conservation, Management, and + Recreation Act, and every 5 years thereafter, the Secretary may + convene a panel of experts on great apes to identify the greatest + needs and priorities for the conservation of great apes.''; + (ii) by redesignating paragraph (2) as paragraph (5); + and + (iii) by inserting after paragraph (1) the following: + ``(2) Composition.--The Secretary shall ensure that the panel + referred to in paragraph (1) includes, to the maximum extent + practicable, 1 or more representatives-- + ``(A) from each country that comprises the natural range of + great apes; and + ``(B) with expertise in great ape conservation. + ``(3) Conservation plans.--In identifying the conservation + needs and priorities under paragraph (1), the panel referred to in + that paragraph shall consider any relevant great ape conservation + plan or strategy, including scientific research and findings + relating to-- + ``(A) the conservation needs and priorities of great apes; + ``(B) any regional or species-specific action plan or + strategy; + ``(C) any applicable strategy developed or initiated by the + Secretary; and + ``(D) any other applicable conservation plan or strategy. + ``(4) Funds.--Subject to the availability of appropriations, + the Secretary may use amounts available to the Secretary to pay for + the costs of convening and facilitating any meeting of the panel + referred to in paragraph (1).''. + (B) Multiyear grants.--Section 4 of the Great Ape + Conservation Act of 2000 (16 U.S.C. 6303) is amended by adding + at the end the following: ``(j) Multiyear Grants.-- - ``(1) Authorization.--The Secretary may award to a person - who is otherwise eligible for a grant under this section a - multiyear grant to carry out a project that the person - demonstrates is an effective, long-term conservation strategy - for great apes and the habitat of great apes. - ``(2) Effect of subsection.--Nothing in this subsection - precludes the Secretary from awarding a grant on an annual - basis.''. - (C) Administrative expenses.--Section 5(b)(2) of - the Great Ape Conservation Act of 2000 (16 U.S.C. - 6304(b)(2)) is amended by striking ``$100,000'' and - inserting ``$150,000''. - (D) Authorization of appropriations.--Section 6 of - the Great Ape Conservation Act of 2000 (16 U.S.C. 6305) - is amended by striking ``2006 through 2010'' and - inserting ``2019 through 2023''. - (3) Amendments to marine turtle conservation act of 2004.-- - (A) Purpose.--Section 2 of the Marine Turtle - Conservation Act of 2004 (16 U.S.C. 6601) is amended by - striking subsection (b) and inserting the following: + ``(1) Authorization.--The Secretary may award to a person who + is otherwise eligible for a grant under this section a multiyear + grant to carry out a project that the person demonstrates is an + effective, long-term conservation strategy for great apes and the + habitat of great apes. + ``(2) Effect of subsection.--Nothing in this subsection + precludes the Secretary from awarding a grant on an annual + basis.''. + (C) Administrative expenses.--Section 5(b)(2) of the Great + Ape Conservation Act of 2000 (16 U.S.C. 6304(b)(2)) is amended + by striking ``$100,000'' and inserting ``$150,000''. + (D) Authorization of appropriations.--Section 6 of the + Great Ape Conservation Act of 2000 (16 U.S.C. 6305) is amended + by striking ``2006 through 2010'' and inserting ``2019 through + 2023''. + (3) Amendments to marine turtle conservation act of 2004.-- + (A) Purpose.--Section 2 of the Marine Turtle Conservation + Act of 2004 (16 U.S.C. 6601) is amended by striking subsection + (b) and inserting the following: ``(b) Purpose.--The purpose of this Act is to assist in the conservation of marine turtles, freshwater turtles, and tortoises and the habitats of marine turtles, freshwater turtles, and tortoises in foreign countries and territories of the United States by supporting and providing financial resources for projects-- - ``(1) to conserve marine turtle, freshwater turtle, and - tortoise habitats under the jurisdiction of United States Fish - and Wildlife Service programs; - ``(2) to conserve marine turtles, freshwater turtles, and - tortoises in those habitats; and - ``(3) to address other threats to the survival of marine - turtles, freshwater turtles, and tortoises, including habitat - loss, poaching of turtles or their eggs, and wildlife - trafficking.''. - (B) Definitions.--Section 3 of the Marine Turtle - Conservation Act of 2004 (16 U.S.C. 6602) is amended-- - (i) in paragraph (2)-- - (I) in the matter preceding - subparagraph (A), by striking ``nesting - habitats of marine turtles in foreign - countries and of marine turtles in - those habitats'' and inserting ``marine - turtles, freshwater turtles, and - tortoises, and the habitats of marine - turtles, freshwater turtles, and - tortoises, in foreign countries and - territories of the United States under - the jurisdiction of United States Fish - and Wildlife Service programs''; - (II) in subparagraphs (A), (B), and - (C), by striking ``nesting'' each place - it appears; - (III) in subparagraph (D)-- - (aa) in the matter - preceding clause (i), by - striking ``countries to--'' and - inserting ``countries--''; - (bb) in clause (i)-- - - (AA) by inserting - ``to'' before - ``protect''; and - - (BB) by striking - ``nesting'' each place - it appears; and - - (cc) in clause (ii), by - inserting ``to'' before - ``prevent''; - (IV) in subparagraph (E)(i), by - striking ``turtles on nesting habitat'' - and inserting ``turtles, freshwater - turtles, and tortoises''; - (V) in subparagraph (F), by - striking ``turtles over habitat used by - marine turtles for nesting'' and - inserting ``turtles, freshwater - turtles, and tortoises over habitats - used by marine turtles, freshwater - turtles, and tortoises''; and - (VI) in subparagraph (H), by - striking ``nesting'' each place it - appears; - (ii) by redesignating paragraphs (3), (4), - (5), and (6) as paragraphs (4), (6), (7), and - (8), respectively; - (iii) by inserting before paragraph (4) (as - so redesignated) the following: - ``(3) Freshwater turtle.-- - ``(A) In general.--The term `freshwater turtle' - means any member of the family Carettochelyidae, - Chelidae, Chelydridae, Dermatemydidae, Emydidae, - Geoemydidae, Kinosternidae, Pelomedusidae, - Platysternidae, Podocnemididae, or Trionychidae. - ``(B) Inclusions.--The term `freshwater turtle' - includes-- - ``(i) any part, product, egg, or offspring - of a turtle described in subparagraph (A); and - ``(ii) a carcass of such a turtle.''; - (iv) by inserting after paragraph (4) (as - so redesignated) the following: - ``(5) Habitat.--The term `habitat' means any marine turtle, - freshwater turtle, or tortoise habitat (including a nesting - habitat) that is under the jurisdiction of United States Fish - and Wildlife Service programs.''; and - (v) by inserting after paragraph (8) (as so - redesignated) the following: - ``(9) Territory of the united states.--The term `territory - of the United States' means-- - ``(A) American Samoa; - ``(B) the Commonwealth of the Northern Mariana - Islands; - ``(C) the Commonwealth of Puerto Rico; - ``(D) Guam; - ``(E) the United States Virgin Islands; and - ``(F) any other territory or possession of the - United States. - ``(10) Tortoise.-- - ``(A) In general.--The term `tortoise' means any - member of the family Testudinidae. - ``(B) Inclusions.--The term `tortoise' includes-- - ``(i) any part, product, egg, or offspring - of a tortoise described in subparagraph (A); - and - ``(ii) a carcass of such a tortoise.''. - (C) Conservation assistance.--Section 4 of the - Marine Turtle Conservation Act of 2004 (16 U.S.C. 6603) - is amended-- - (i) in the section heading, by striking - ``marine turtle''; - (ii) in subsection (a), by inserting ``, - freshwater turtles, or tortoises'' after - ``marine turtles''; - (iii) in subsection (b)(1)-- - (I) in the matter preceding - subparagraph (A), by inserting ``, - freshwater turtles, or tortoises'' - after ``marine turtles''; - (II) by striking subparagraph (A) - and inserting the following: - ``(A) any wildlife management authority of a - foreign country or territory of the United States that - has within its boundaries marine turtle, freshwater - turtle, or tortoise habitat, if the activities of the - authority directly or indirectly affect marine turtle, - freshwater turtle, or tortoise conservation; or''; and - (III) in subparagraph (B), by - inserting ``, freshwater turtles, or - tortoises'' after ``marine turtles''; - (iv) in subsection (c)(2), in each of - subparagraphs (A) and (C), by inserting ``and - territory of the United States'' after ``each - country''; - (v) by striking subsection (d) and - inserting the following: + ``(1) to conserve marine turtle, freshwater turtle, and + tortoise habitats under the jurisdiction of United States Fish and + Wildlife Service programs; + ``(2) to conserve marine turtles, freshwater turtles, and + tortoises in those habitats; and + ``(3) to address other threats to the survival of marine + turtles, freshwater turtles, and tortoises, including habitat loss, + poaching of turtles or their eggs, and wildlife trafficking.''. + (B) Definitions.--Section 3 of the Marine Turtle + Conservation Act of 2004 (16 U.S.C. 6602) is amended-- + (i) in paragraph (2)-- + + (I) in the matter preceding subparagraph (A), by + striking ``nesting habitats of marine turtles in + foreign countries and of marine turtles in those + habitats'' and inserting ``marine turtles, freshwater + turtles, and tortoises, and the habitats of marine + turtles, freshwater turtles, and tortoises, in foreign + countries and territories of the United States under + the jurisdiction of United States Fish and Wildlife + Service programs''; + (II) in subparagraphs (A), (B), and (C), by + striking ``nesting'' each place it appears; + (III) in subparagraph (D)-- + + (aa) in the matter preceding clause (i), by + striking ``countries to--'' and inserting + ``countries--''; + (bb) in clause (i)-- + (AA) by inserting ``to'' before + ``protect''; and + (BB) by striking ``nesting'' each place it + appears; and + (cc) in clause (ii), by inserting ``to'' before + ``prevent''; + + (IV) in subparagraph (E)(i), by striking ``turtles + on nesting habitat'' and inserting ``turtles, + freshwater turtles, and tortoises''; + (V) in subparagraph (F), by striking ``turtles over + habitat used by marine turtles for nesting'' and + inserting ``turtles, freshwater turtles, and tortoises + over habitats used by marine turtles, freshwater + turtles, and tortoises''; and + (VI) in subparagraph (H), by striking ``nesting'' + each place it appears; + + (ii) by redesignating paragraphs (3), (4), (5), and (6) + as paragraphs (4), (6), (7), and (8), respectively; + (iii) by inserting before paragraph (4) (as so + redesignated) the following: + ``(3) Freshwater turtle.-- + ``(A) In general.--The term `freshwater turtle' means any + member of the family Carettochelyidae, Chelidae, Chelydridae, + Dermatemydidae, Emydidae, Geoemydidae, Kinosternidae, + Pelomedusidae, Platysternidae, Podocnemididae, or Trionychidae. + ``(B) Inclusions.--The term `freshwater turtle' includes-- + ``(i) any part, product, egg, or offspring of a turtle + described in subparagraph (A); and + ``(ii) a carcass of such a turtle.''; + (iv) by inserting after paragraph (4) (as so + redesignated) the following: + ``(5) Habitat.--The term `habitat' means any marine turtle, + freshwater turtle, or tortoise habitat (including a nesting + habitat) that is under the jurisdiction of United States Fish and + Wildlife Service programs.''; and + (v) by inserting after paragraph (8) (as so + redesignated) the following: + ``(9) Territory of the united states.--The term `territory of + the United States' means-- + ``(A) American Samoa; + ``(B) the Commonwealth of the Northern Mariana Islands; + ``(C) the Commonwealth of Puerto Rico; + ``(D) Guam; + ``(E) the United States Virgin Islands; and + ``(F) any other territory or possession of the United + States. + ``(10) Tortoise.-- + ``(A) In general.--The term `tortoise' means any member of + the family Testudinidae. + ``(B) Inclusions.--The term `tortoise' includes-- + ``(i) any part, product, egg, or offspring of a + tortoise described in subparagraph (A); and + ``(ii) a carcass of such a tortoise.''. + (C) Conservation assistance.--Section 4 of the Marine + Turtle Conservation Act of 2004 (16 U.S.C. 6603) is amended-- + (i) in the section heading, by striking ``marine + turtle''; + (ii) in subsection (a), by inserting ``, freshwater + turtles, or tortoises'' after ``marine turtles''; + (iii) in subsection (b)(1)-- + + (I) in the matter preceding subparagraph (A), by + inserting ``, freshwater turtles, or tortoises'' after + ``marine turtles''; + (II) by striking subparagraph (A) and inserting the + following: + + ``(A) any wildlife management authority of a foreign + country or territory of the United States that has within its + boundaries marine turtle, freshwater turtle, or tortoise + habitat, if the activities of the authority directly or + indirectly affect marine turtle, freshwater turtle, or tortoise + conservation; or''; and + + (III) in subparagraph (B), by inserting ``, + freshwater turtles, or tortoises'' after ``marine + turtles''; + + (iv) in subsection (c)(2), in each of subparagraphs (A) + and (C), by inserting ``and territory of the United + States'' after ``each country''; + (v) by striking subsection (d) and inserting the + following: ``(d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the Secretary determines that the project will help to restore, recover, and sustain a viable population @@ -12364,1288 +11187,1098 @@ of marine turtles, freshwater turtles, or tortoises in the wild by assisting efforts in a foreign country or territory of the United States to implement a marine turtle, freshwater turtle, or tortoise conservation program.''; and - (vi) in subsection (e), by striking - ``marine turtles and their nesting habitats'' - and inserting ``marine turtles, freshwater - turtles, or tortoises and the habitats of - marine turtles, freshwater turtles, or - tortoises''. - (D) Marine turtle conservation fund.--Section 5 of - the Marine Turtle Conservation Act of 2004 (16 U.S.C. - 6604) is amended-- - (i) in subsection (a)(2), by striking - ``section 6'' and inserting ``section 7(a)''; - and - (ii) in subsection (b)(2), by striking ``3 - percent, or up to $80,000'' and inserting ``5 - percent, or up to $150,000''. - (E) Advisory group.--Section 6(a) of the Marine - Turtle Conservation Act of 2004 (16 U.S.C. 6605(a)) is - amended by inserting ``, freshwater turtles, or - tortoises'' after ``marine turtles''. - (F) Authorization of appropriations.--Section 7 of - the Marine Turtle Conservation Act of 2004 (16 U.S.C. - 6606) is amended to read as follows: - + (vi) in subsection (e), by striking ``marine turtles + and their nesting habitats'' and inserting ``marine + turtles, freshwater turtles, or tortoises and the habitats + of marine turtles, freshwater turtles, or tortoises''. + (D) Marine turtle conservation fund.--Section 5 of the + Marine Turtle Conservation Act of 2004 (16 U.S.C. 6604) is + amended-- + (i) in subsection (a)(2), by striking ``section 6'' and + inserting ``section 7(a)''; and + (ii) in subsection (b)(2), by striking ``3 percent, or + up to $80,000'' and inserting ``5 percent, or up to + $150,000''. + (E) Advisory group.--Section 6(a) of the Marine Turtle + Conservation Act of 2004 (16 U.S.C. 6605(a)) is amended by + inserting ``, freshwater turtles, or tortoises'' after ``marine + turtles''. + (F) Authorization of appropriations.--Section 7 of the + Marine Turtle Conservation Act of 2004 (16 U.S.C. 6606) is + amended to read as follows: ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS. - ``(a) In General.--There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2019 through 2023. ``(b) Allocation.--Of the amounts made available for each fiscal year pursuant to subsection (a)-- - ``(1) not less than $1,510,000 shall be used by the - Secretary for marine turtle conservation purposes in accordance - with this Act; and - ``(2) of the amounts in excess of the amount described in - paragraph (1), not less than 40 percent shall be used by the - Secretary for freshwater turtle and tortoise conservation - purposes in accordance with this Act.''. + ``(1) not less than $1,510,000 shall be used by the Secretary + for marine turtle conservation purposes in accordance with this + Act; and + ``(2) of the amounts in excess of the amount described in + paragraph (1), not less than 40 percent shall be used by the + Secretary for freshwater turtle and tortoise conservation purposes + in accordance with this Act.''. (d) Prize Competitions.-- - (1) Definitions.--In this subsection: - (A) Non-federal funds.--The term ``non-Federal - funds'' means funds provided by-- - (i) a State; - (ii) a territory of the United States; - (iii) 1 or more units of local or tribal - government; - (iv) a private for-profit entity; - (v) a nonprofit organization; or - (vi) a private individual. - (B) Secretary.--The term ``Secretary'' means the - Secretary, acting through the Director of the United - States Fish and Wildlife Service. - (C) Wildlife.--The term ``wildlife'' has the - meaning given the term in section 8 of the Fish and - Wildlife Coordination Act (16 U.S.C. 666b). - (2) Theodore roosevelt genius prize for prevention of - wildlife poaching and trafficking.-- - (A) Definitions.--In this paragraph: - (i) Board.--The term ``Board'' means the - Prevention of Wildlife Poaching and Trafficking - Technology Advisory Board established by - subparagraph (C)(i). - (ii) Prize competition.--The term ``prize - competition'' means the Theodore Roosevelt - Genius Prize for the prevention of wildlife - poaching and trafficking established under - subparagraph (B). - (B) Authority.--Not later than 180 days after the - date of enactment of this Act, the Secretary shall - establish under section 24 of the Stevenson-Wydler - Technology Innovation Act of 1980 (15 U.S.C. 3719) a - prize competition, to be known as the ``Theodore - Roosevelt Genius Prize for the prevention of wildlife - poaching and trafficking''-- - (i) to encourage technological innovation - with the potential to advance the mission of - the United States Fish and Wildlife Service - with respect to the prevention of wildlife - poaching and trafficking; and - (ii) to award 1 or more prizes annually for - a technological advancement that prevents - wildlife poaching and trafficking. - (C) Advisory board.-- - (i) Establishment.--There is established an - advisory board, to be known as the ``Prevention - of Wildlife Poaching and Trafficking Technology - Advisory Board''. - (ii) Composition.--The Board shall be - composed of not fewer than 9 members appointed - by the Secretary, who shall provide expertise - in-- - (I) wildlife trafficking and trade; - (II) wildlife conservation and - management; - (III) biology; - (IV) technology development; - (V) engineering; - (VI) economics; - (VII) business development and - management; and - (VIII) any other discipline, as the - Secretary determines to be necessary to - achieve the purposes of this paragraph. - (iii) Duties.--Subject to clause (iv), with - respect to the prize competition, the Board - shall-- - (I) select a topic; - (II) issue a problem statement; - (III) advise the Secretary - regarding any opportunity for - technological innovation to prevent - wildlife poaching and trafficking; and - (IV) advise winners of the prize - competition regarding opportunities to - pilot and implement winning - technologies in relevant fields, - including in partnership with - conservation organizations, Federal or - State agencies, federally recognized - Indian tribes, private entities, and - research institutions with expertise or - interest relating to the prevention of - wildlife poaching and trafficking. - (iv) Consultation.--In selecting a topic - and issuing a problem statement for the prize - competition under subclauses (I) and (II) of - clause (iii), respectively, the Board shall - consult widely with Federal and non-Federal - stakeholders, including-- - (I) 1 or more Federal agencies with - jurisdiction over the prevention of - wildlife poaching and trafficking; - (II) 1 or more State agencies with - jurisdiction over the prevention of - wildlife poaching and trafficking; - (III) 1 or more State, regional, or - local wildlife organizations, the - mission of which relates to the - prevention of wildlife poaching and - trafficking; and - (IV) 1 or more wildlife - conservation groups, technology - companies, research institutions, - institutions of higher education, - industry associations, or individual - stakeholders with an interest in the - prevention of wildlife poaching and - trafficking. - (v) Requirements.--The Board shall comply - with all requirements under paragraph (7)(A). - (D) Agreement with national fish and wildlife - foundation.-- - (i) In general.--The Secretary shall offer - to enter into an agreement under which the - National Fish and Wildlife Foundation shall - administer the prize competition. - (ii) Requirements.--An agreement entered - into under clause (i) shall comply with all - requirements under paragraph (7)(B). - (E) Judges.-- - (i) Appointment.--The Secretary shall - appoint not fewer than 3 judges who shall, - except as provided in clause (ii), select the 1 - or more annual winners of the prize - competition. - (ii) Determination by secretary.--The - judges appointed under clause (i) shall not - select any annual winner of the prize - competition if the Secretary makes a - determination that, in any fiscal year, none of - the technological advancements entered into the - prize competition merits an award. - (F) Report to congress.--Not later than 60 days - after the date on which a cash prize is awarded under - this paragraph, the Secretary shall submit to the - Committee on Environment and Public Works of the Senate - and the Committee on Natural Resources of the House of - Representatives a report on the prize competition that - includes-- - (i) a statement by the Board that describes - the activities carried out by the Board - relating to the duties described in - subparagraph (C)(iii); - (ii) if the Secretary has entered into an - agreement under subparagraph (D)(i), a - statement by the National Fish and Wildlife - Foundation that describes the activities - carried out by the National Fish and Wildlife - Foundation relating to the duties described in - paragraph (7)(B); and - (iii) a statement by 1 or more of the - judges appointed under subparagraph (E) that - explains the basis on which the winner of the - cash prize was selected. - (G) Termination of authority.--The Board and all - authority provided under this paragraph shall terminate - on December 31, 2023. - (3) Theodore roosevelt genius prize for promotion of - wildlife conservation.-- - (A) Definitions.--In this paragraph: - (i) Board.--The term ``Board'' means the - Promotion of Wildlife Conservation Technology - Advisory Board established by subparagraph - (C)(i). - (ii) Prize competition.--The term ``prize - competition'' means the Theodore Roosevelt - Genius Prize for the promotion of wildlife - conservation established under subparagraph - (B). - (B) Authority.--Not later than 180 days after the - date of enactment of this Act, the Secretary shall - establish under section 24 of the Stevenson-Wydler - Technology Innovation Act of 1980 (15 U.S.C. 3719) a - prize competition, to be known as the ``Theodore - Roosevelt Genius Prize for the promotion of wildlife - conservation''-- - (i) to encourage technological innovation - with the potential to advance the mission of - the United States Fish and Wildlife Service - with respect to the promotion of wildlife - conservation; and - (ii) to award 1 or more prizes annually for - a technological advancement that promotes - wildlife conservation. - (C) Advisory board.-- - (i) Establishment.--There is established an - advisory board, to be known as the ``Promotion - of Wildlife Conservation Technology Advisory - Board''. - (ii) Composition.--The Board shall be - composed of not fewer than 9 members appointed - by the Secretary, who shall provide expertise - in-- - (I) wildlife conservation and - management; - (II) biology; - (III) technology development; - (IV) engineering; - (V) economics; - (VI) business development and - management; and - (VII) any other discipline, as the - Secretary determines to be necessary to - achieve the purposes of this paragraph. - (iii) Duties.--Subject to clause (iv), with - respect to the prize competition, the Board - shall-- - (I) select a topic; - (II) issue a problem statement; - (III) advise the Secretary - regarding any opportunity for - technological innovation to promote - wildlife conservation; and - (IV) advise winners of the prize - competition regarding opportunities to - pilot and implement winning - technologies in relevant fields, - including in partnership with - conservation organizations, Federal or - State agencies, federally recognized - Indian tribes, private entities, and - research institutions with expertise or - interest relating to the promotion of - wildlife conservation. - (iv) Consultation.--In selecting a topic - and issuing a problem statement for the prize - competition under subclauses (I) and (II) of - clause (iii), respectively, the Board shall - consult widely with Federal and non-Federal - stakeholders, including-- - (I) 1 or more Federal agencies with - jurisdiction over the promotion of - wildlife conservation; - (II) 1 or more State agencies with - jurisdiction over the promotion of - wildlife conservation; - (III) 1 or more State, regional, or - local wildlife organizations, the - mission of which relates to the - promotion of wildlife conservation; and - (IV) 1 or more wildlife - conservation groups, technology - companies, research institutions, - institutions of higher education, - industry associations, or individual - stakeholders with an interest in the - promotion of wildlife conservation. - (v) Requirements.--The Board shall comply - with all requirements under paragraph (7)(A). - (D) Agreement with national fish and wildlife - foundation.-- - (i) In general.--The Secretary shall offer - to enter into an agreement under which the - National Fish and Wildlife Foundation shall - administer the prize competition. - (ii) Requirements.--An agreement entered - into under clause (i) shall comply with all - requirements under paragraph (7)(B). - (E) Judges.-- - (i) Appointment.--The Secretary shall - appoint not fewer than 3 judges who shall, - except as provided in clause (ii), select the 1 - or more annual winners of the prize - competition. - (ii) Determination by secretary.--The - judges appointed under clause (i) shall not - select any annual winner of the prize - competition if the Secretary makes a - determination that, in any fiscal year, none of - the technological advancements entered into the - prize competition merits an award. - (F) Report to congress.--Not later than 60 days - after the date on which a cash prize is awarded under - this paragraph, the Secretary shall submit to the - Committee on Environment and Public Works of the Senate - and the Committee on Natural Resources of the House of - Representatives a report on the prize competition that - includes-- - (i) a statement by the Board that describes - the activities carried out by the Board - relating to the duties described in - subparagraph (C)(iii); - (ii) if the Secretary has entered into an - agreement under subparagraph (D)(i), a - statement by the National Fish and Wildlife - Foundation that describes the activities - carried out by the National Fish and Wildlife - Foundation relating to the duties described in - paragraph (7)(B); and - (iii) a statement by 1 or more of the - judges appointed under subparagraph (E) that - explains the basis on which the winner of the - cash prize was selected. - (G) Termination of authority.--The Board and all - authority provided under this paragraph shall terminate - on December 31, 2023. - (4) Theodore roosevelt genius prize for management of - invasive species.-- - (A) Definitions.--In this paragraph: - (i) Board.--The term ``Board'' means the - Management of Invasive Species Technology - Advisory Board established by subparagraph - (C)(i). - (ii) Prize competition.--The term ``prize - competition'' means the Theodore Roosevelt - Genius Prize for the management of invasive - species established under subparagraph (B). - (B) Authority.--Not later than 180 days after the - date of enactment of this Act, the Secretary shall - establish under section 24 of the Stevenson-Wydler - Technology Innovation Act of 1980 (15 U.S.C. 3719) a - prize competition, to be known as the ``Theodore - Roosevelt Genius Prize for the management of invasive - species''-- - (i) to encourage technological innovation - with the potential to advance the mission of - the United States Fish and Wildlife Service - with respect to the management of invasive - species; and - (ii) to award 1 or more prizes annually for - a technological advancement that manages - invasive species. - (C) Advisory board.-- - (i) Establishment.--There is established an - advisory board, to be known as the ``Management - of Invasive Species Technology Advisory - Board''. - (ii) Composition.--The Board shall be - composed of not fewer than 9 members appointed - by the Secretary, who shall provide expertise - in-- - (I) invasive species; - (II) biology; - (III) technology development; - (IV) engineering; - (V) economics; - (VI) business development and - management; and - (VII) any other discipline, as the - Secretary determines to be necessary to - achieve the purposes of this paragraph. - (iii) Duties.--Subject to clause (iv), with - respect to the prize competition, the Board - shall-- - (I) select a topic; - (II) issue a problem statement; - (III) advise the Secretary - regarding any opportunity for - technological innovation to manage - invasive species; and - (IV) advise winners of the prize - competition regarding opportunities to - pilot and implement winning - technologies in relevant fields, - including in partnership with - conservation organizations, Federal or - State agencies, federally recognized - Indian tribes, private entities, and - research institutions with expertise or - interest relating to the management of - invasive species. - (iv) Consultation.--In selecting a topic - and issuing a problem statement for the prize - competition under subclauses (I) and (II) of - clause (iii), respectively, the Board shall - consult widely with Federal and non-Federal - stakeholders, including-- - (I) 1 or more Federal agencies with - jurisdiction over the management of - invasive species; - (II) 1 or more State agencies with - jurisdiction over the management of - invasive species; - (III) 1 or more State, regional, or - local wildlife organizations, the - mission of which relates to the - management of invasive species; and - (IV) 1 or more wildlife - conservation groups, technology - companies, research institutions, - institutions of higher education, - industry associations, or individual - stakeholders with an interest in the - management of invasive species. - (v) Requirements.--The Board shall comply - with all requirements under paragraph (7)(A). - (D) Agreement with national fish and wildlife - foundation.-- - (i) In general.--The Secretary shall offer - to enter into an agreement under which the - National Fish and Wildlife Foundation shall - administer the prize competition. - (ii) Requirements.--An agreement entered - into under clause (i) shall comply with all - requirements under paragraph (7)(B). - (E) Judges.-- - (i) Appointment.--The Secretary shall - appoint not fewer than 3 judges who shall, - except as provided in clause (ii), select the 1 - or more annual winners of the prize - competition. - (ii) Determination by secretary.--The - judges appointed under clause (i) shall not - select any annual winner of the prize - competition if the Secretary makes a - determination that, in any fiscal year, none of - the technological advancements entered into the - prize competition merits an award. - (F) Report to congress.--Not later than 60 days - after the date on which a cash prize is awarded under - this paragraph, the Secretary shall submit to the - Committee on Environment and Public Works of the Senate - and the Committee on Natural Resources of the House of - Representatives a report on the prize competition that - includes-- - (i) a statement by the Board that describes - the activities carried out by the Board - relating to the duties described in - subparagraph (C)(iii); - (ii) if the Secretary has entered into an - agreement under subparagraph (D)(i), a - statement by the National Fish and Wildlife - Foundation that describes the activities - carried out by the National Fish and Wildlife - Foundation relating to the duties described in - paragraph (7)(B); and - (iii) a statement by 1 or more of the - judges appointed under subparagraph (E) that - explains the basis on which the winner of the - cash prize was selected. - (G) Termination of authority.--The Board and all - authority provided under this paragraph shall terminate - on December 31, 2023. - (5) Theodore roosevelt genius prize for protection of - endangered species.-- - (A) Definitions.--In this paragraph: - (i) Board.--The term ``Board'' means the - Protection of Endangered Species Technology - Advisory Board established by subparagraph - (C)(i). - (ii) Prize competition.--The term ``prize - competition'' means the Theodore Roosevelt - Genius Prize for the protection of endangered - species established under subparagraph (B). - (B) Authority.--Not later than 180 days after the - date of enactment of this Act, the Secretary shall - establish under section 24 of the Stevenson-Wydler - Technology Innovation Act of 1980 (15 U.S.C. 3719) a - prize competition, to be known as the ``Theodore - Roosevelt Genius Prize for the protection of endangered - species''-- - (i) to encourage technological innovation - with the potential to advance the mission of - the United States Fish and Wildlife Service - with respect to the protection of endangered - species; and - (ii) to award 1 or more prizes annually for - a technological advancement that protects - endangered species. - (C) Advisory board.-- - (i) Establishment.--There is established an - advisory board, to be known as the ``Protection - of Endangered Species Technology Advisory - Board''. - (ii) Composition.--The Board shall be - composed of not fewer than 9 members appointed - by the Secretary, who shall provide expertise - in-- - (I) endangered species; - (II) biology; - (III) technology development; - (IV) engineering; - (V) economics; - (VI) business development and - management; and - (VII) any other discipline, as the - Secretary determines to be necessary to - achieve the purposes of this paragraph. - (iii) Duties.--Subject to clause (iv), with - respect to the prize competition, the Board - shall-- - (I) select a topic; - (II) issue a problem statement; - (III) advise the Secretary - regarding any opportunity for - technological innovation to protect - endangered species; and - (IV) advise winners of the prize - competition regarding opportunities to - pilot and implement winning - technologies in relevant fields, - including in partnership with - conservation organizations, Federal or - State agencies, federally recognized - Indian tribes, private entities, and - research institutions with expertise or - interest relating to the protection of - endangered species. - (iv) Consultation.--In selecting a topic - and issuing a problem statement for the prize - competition under subclauses (I) and (II) of - clause (iii), respectively, the Board shall - consult widely with Federal and non-Federal - stakeholders, including-- - (I) 1 or more Federal agencies with - jurisdiction over the protection of - endangered species; - (II) 1 or more State agencies with - jurisdiction over the protection of - endangered species; - (III) 1 or more State, regional, or - local wildlife organizations, the - mission of which relates to the - protection of endangered species; and - (IV) 1 or more wildlife - conservation groups, technology - companies, research institutions, - institutions of higher education, - industry associations, or individual - stakeholders with an interest in the - protection of endangered species. - (v) Requirements.--The Board shall comply - with all requirements under paragraph (7)(A). - (D) Agreement with national fish and wildlife - foundation.-- - (i) In general.--The Secretary shall offer - to enter into an agreement under which the - National Fish and Wildlife Foundation shall - administer the prize competition. - (ii) Requirements.--An agreement entered - into under clause (i) shall comply with all - requirements under paragraph (7)(B). - (E) Judges.-- - (i) Appointment.--The Secretary shall - appoint not fewer than 3 judges who shall, - except as provided in clause (ii), select the 1 - or more annual winners of the prize - competition. - (ii) Determination by secretary.--The - judges appointed under clause (i) shall not - select any annual winner of the prize - competition if the Secretary makes a - determination that, in any fiscal year, none of - the technological advancements entered into the - prize competition merits an award. - (F) Report to congress.--Not later than 60 days - after the date on which a cash prize is awarded under - this paragraph, the Secretary shall submit to the - Committee on Environment and Public Works of the Senate - and the Committee on Natural Resources of the House of - Representatives a report on the prize competition that - includes-- - (i) a statement by the Board that describes - the activities carried out by the Board - relating to the duties described in - subparagraph (C)(iii); - (ii) if the Secretary has entered into an - agreement under subparagraph (D)(i), a - statement by the National Fish and Wildlife - Foundation that describes the activities - carried out by the National Fish and Wildlife - Foundation relating to the duties described in - paragraph (7)(B); and - (iii) a statement by 1 or more of the - judges appointed under subparagraph (E) that - explains the basis on which the winner of the - cash prize was selected. - (G) Termination of authority.--The Board and all - authority provided under this paragraph shall terminate - on December 31, 2023. - (6) Theodore roosevelt genius prize for nonlethal - management of human-wildlife conflicts.-- - (A) Definitions.--In this paragraph: - (i) Board.--The term ``Board'' means the - Nonlethal Management of Human-Wildlife - Conflicts Technology Advisory Board established - by subparagraph (C)(i). - (ii) Prize competition.--The term ``prize - competition'' means the Theodore Roosevelt - Genius Prize for the nonlethal management of - human-wildlife conflicts established under - subparagraph (B). - (B) Authority.--Not later than 180 days after the - date of enactment of this Act, the Secretary shall - establish under section 24 of the Stevenson-Wydler - Technology Innovation Act of 1980 (15 U.S.C. 3719) a - prize competition, to be known as the ``Theodore - Roosevelt Genius Prize for the nonlethal management of - human-wildlife conflicts''-- - (i) to encourage technological innovation - with the potential to advance the mission of - the United States Fish and Wildlife Service - with respect to the nonlethal management of - human-wildlife conflicts; and - (ii) to award 1 or more prizes annually for - a technological advancement that promotes the - nonlethal management of human-wildlife - conflicts. - (C) Advisory board.-- - (i) Establishment.--There is established an - advisory board, to be known as the ``Nonlethal - Management of Human-Wildlife Conflicts - Technology Advisory Board''. - (ii) Composition.--The Board shall be - composed of not fewer than 9 members appointed - by the Secretary, who shall provide expertise - in-- - (I) nonlethal wildlife management; - (II) social aspects of human- - wildlife conflict management; - (III) biology; - (IV) technology development; - (V) engineering; - (VI) economics; - (VII) business development and - management; and - (VIII) any other discipline, as the - Secretary determines to be necessary to - achieve the purposes of this paragraph. - (iii) Duties.--Subject to clause (iv), with - respect to the prize competition, the Board - shall-- - (I) select a topic; - (II) issue a problem statement; - (III) advise the Secretary - regarding any opportunity for - technological innovation to promote the - nonlethal management of human-wildlife - conflicts; and - (IV) advise winners of the prize - competition regarding opportunities to - pilot and implement winning - technologies in relevant fields, - including in partnership with - conservation organizations, Federal or - State agencies, federally recognized - Indian tribes, private entities, and - research institutions with expertise or - interest relating to the nonlethal - management of human-wildlife conflicts. - (iv) Consultation.--In selecting a topic - and issuing a problem statement for the prize - competition under subclauses (I) and (II) of - subparagraph (C), respectively, the Board shall - consult widely with Federal and non-Federal - stakeholders, including-- - (I) 1 or more Federal agencies with - jurisdiction over the management of - native wildlife species at risk due to - conflict with human activities; - (II) 1 or more State agencies with - jurisdiction over the management of - native wildlife species at risk due to - conflict with human activities; - (III) 1 or more State, regional, or - local wildlife organizations, the - mission of which relates to the - management of native wildlife species - at risk due to conflict with human - activities; and - (IV) 1 or more wildlife - conservation groups, technology - companies, research institutions, - institutions of higher education, - industry associations, or individual - stakeholders with an interest in the - management of native wildlife species - at risk due to conflict with human - activities. - (v) Requirements.--The Board shall comply - with all requirements under paragraph (7)(A). - (D) Agreement with national fish and wildlife - foundation.-- - (i) In general.--The Secretary shall offer - to enter into an agreement under which the - National Fish and Wildlife Foundation shall - administer the prize competition. - (ii) Requirements.--An agreement entered - into under clause (i) shall comply with all - requirements under paragraph (7)(B). - (E) Judges.-- - (i) Appointment.--The Secretary shall - appoint not fewer than 3 judges who shall, - except as provided in clause (ii), select the 1 - or more annual winners of the prize - competition. - (ii) Determination by secretary.--The - judges appointed under clause (i) shall not - select any annual winner of the prize - competition if the Secretary makes a - determination that, in any fiscal year, none of - the technological advancements entered into the - prize competition merits an award. - (F) Report to congress.--Not later than 60 days - after the date on which a cash prize is awarded under - this paragraph, the Secretary shall submit to the - Committee on Environment and Public Works of the Senate - and the Committee on Natural Resources of the House of - Representatives a report on the prize competition that - includes-- - (i) a statement by the Board that describes - the activities carried out by the Board - relating to the duties described in - subparagraph (C)(iii); - (ii) if the Secretary has entered into an - agreement under subparagraph (D)(i), a - statement by the National Fish and Wildlife - Foundation that describes the activities - carried out by the National Fish and Wildlife - Foundation relating to the duties described in - paragraph (7)(B); and - (iii) a statement by 1 or more of the - judges appointed under subparagraph (E) that - explains the basis on which the winner of the - cash prize was selected. - (G) Termination of authority.--The Board and all - authority provided under this paragraph shall terminate - on December 31, 2023. - (7) Administration of prize competitions.-- - (A) Additional requirements for advisory boards.-- - An advisory board established under paragraph - (2)(C)(i), (3)(C)(i), (4)(C)(i), (5)(C)(i), or - (6)(C)(i) (referred to in this paragraph as a - ``Board'') shall comply with the following - requirements: - (i) Term; vacancies.-- - (I) Term.--A member of the Board - shall serve for a term of 5 years. - (II) 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. - (ii) 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. - (iii) Meetings.-- - (I) In general.--The Board shall - meet at the call of the Chairperson. - (II) Remote participation.-- - (aa) In general.--Any - member of the Board may - participate in a meeting of the - Board through the use of-- - - (AA) - teleconferencing; or - - (BB) any other - remote business - telecommunications - method that allows each - participating member to - simultaneously hear - each other - participating member - during the meeting. - - (bb) Presence.--A member of - the Board who participates in a - meeting remotely under item - (aa) shall be considered to be - present at the meeting. - (iv) Quorum.--A majority of the members of - the Board shall constitute a quorum, but a - lesser number of members may hold a meeting. - (v) Chairperson and vice chairperson.--The - Board shall select a Chairperson and Vice - Chairperson from among the members of the - Board. - (vi) Administrative cost reduction.--The - Board shall, to the maximum extent practicable, - minimize the administrative costs of the Board, - including by encouraging the remote - participation described in clause (iii)(II)(aa) - to reduce travel costs. - (B) Agreements with national fish and wildlife - foundation.--Any agreement entered into under paragraph - (2)(D)(i), (3)(D)(i), (4)(D)(i), (5)(D)(i), or - (6)(D)(i) shall comply with the following requirements: - (i) Duties.--An agreement shall provide - that the National Fish and Wildlife Foundation - shall-- - (I) advertise the prize - competition; - (II) solicit prize competition - participants; - (III) administer funds relating to - the prize competition; - (IV) receive Federal funds-- - (aa) to administer the - prize competition; and - (bb) to award a cash prize; - (V) carry out activities to - generate contributions of non-Federal - funds to offset, in whole or in part-- - (aa) the administrative - costs of the prize competition; - and - (bb) the costs of a cash - prize; - (VI) in consultation with, and - subject to final approval by, the - Secretary, develop criteria for the - selection of prize competition winners; - (VII) provide advice and - consultation to the Secretary on the - selection of judges under paragraphs - (2)(E), (3)(E), (4)(E), (5)(E), and - (6)(E) based on criteria developed in - consultation with, and subject to the - final approval of, the Secretary; - (VIII) announce 1 or more annual - winners of the prize competition; - (IX) subject to clause (ii), award - 1 cash prize annually; and - (X) protect against unauthorized - use or disclosure by the National Fish - and Wildlife Foundation of any trade - secret or confidential business - information of a prize competition - participant. - (ii) Additional cash prizes.--An agreement - shall provide that the National Fish and - Wildlife Foundation may award more than 1 cash - prize annually if the initial cash prize - referred to in clause (i)(IX) and any - additional cash prize are awarded using only - non-Federal funds. - (iii) Solicitation of funds.--An agreement - shall provide that the National Fish and - Wildlife Foundation-- - (I) may request and accept Federal - funds and non-Federal funds for a cash - prize; - (II) may accept a contribution for - a cash prize in exchange for the right - to name the prize; and - (III) shall not give special - consideration to any Federal agency or - non-Federal entity in exchange for a - donation for a cash prize awarded under - this subsection. - (C) Award amounts.-- - (i) In general.--The amount of the initial - cash prize referred to in subparagraph - (B)(i)(IX) shall be $100,000. - (ii) Additional cash prizes.--On - notification by the National Fish and Wildlife - Foundation that non-Federal funds are available - for an additional cash prize, the Secretary - shall determine the amount of the additional - cash prize. + (1) Definitions.--In this subsection: + (A) Non-federal funds.--The term ``non-Federal funds'' + means funds provided by-- + (i) a State; + (ii) a territory of the United States; + (iii) 1 or more units of local or tribal government; + (iv) a private for-profit entity; + (v) a nonprofit organization; or + (vi) a private individual. + (B) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Director of the United States Fish and + Wildlife Service. + (C) Wildlife.--The term ``wildlife'' has the meaning given + the term in section 8 of the Fish and Wildlife Coordination Act + (16 U.S.C. 666b). + (2) Theodore roosevelt genius prize for prevention of wildlife + poaching and trafficking.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the Prevention of + Wildlife Poaching and Trafficking Technology Advisory Board + established by subparagraph (C)(i). + (ii) Prize competition.--The term ``prize competition'' + means the Theodore Roosevelt Genius Prize for the + prevention of wildlife poaching and trafficking established + under subparagraph (B). + (B) Authority.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall establish under + section 24 of the Stevenson-Wydler Technology Innovation Act of + 1980 (15 U.S.C. 3719) a prize competition, to be known as the + ``Theodore Roosevelt Genius Prize for the prevention of + wildlife poaching and trafficking''-- + (i) to encourage technological innovation with the + potential to advance the mission of the United States Fish + and Wildlife Service with respect to the prevention of + wildlife poaching and trafficking; and + (ii) to award 1 or more prizes annually for a + technological advancement that prevents wildlife poaching + and trafficking. + (C) Advisory board.-- + (i) Establishment.--There is established an advisory + board, to be known as the ``Prevention of Wildlife Poaching + and Trafficking Technology Advisory Board''. + (ii) Composition.--The Board shall be composed of not + fewer than 9 members appointed by the Secretary, who shall + provide expertise in-- + + (I) wildlife trafficking and trade; + (II) wildlife conservation and management; + (III) biology; + (IV) technology development; + (V) engineering; + (VI) economics; + (VII) business development and management; and + (VIII) any other discipline, as the Secretary + determines to be necessary to achieve the purposes of + this paragraph. + + (iii) Duties.--Subject to clause (iv), with respect to + the prize competition, the Board shall-- + + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary regarding any + opportunity for technological innovation to prevent + wildlife poaching and trafficking; and + (IV) advise winners of the prize competition + regarding opportunities to pilot and implement winning + technologies in relevant fields, including in + partnership with conservation organizations, Federal or + State agencies, federally recognized Indian tribes, + private entities, and research institutions with + expertise or interest relating to the prevention of + wildlife poaching and trafficking. + + (iv) Consultation.--In selecting a topic and issuing a + problem statement for the prize competition under + subclauses (I) and (II) of clause (iii), respectively, the + Board shall consult widely with Federal and non-Federal + stakeholders, including-- + + (I) 1 or more Federal agencies with jurisdiction + over the prevention of wildlife poaching and + trafficking; + (II) 1 or more State agencies with jurisdiction + over the prevention of wildlife poaching and + trafficking; + (III) 1 or more State, regional, or local wildlife + organizations, the mission of which relates to the + prevention of wildlife poaching and trafficking; and + (IV) 1 or more wildlife conservation groups, + technology companies, research institutions, + institutions of higher education, industry + associations, or individual stakeholders with an + interest in the prevention of wildlife poaching and + trafficking. + + (v) Requirements.--The Board shall comply with all + requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife foundation.-- + (i) In general.--The Secretary shall offer to enter + into an agreement under which the National Fish and + Wildlife Foundation shall administer the prize competition. + (ii) Requirements.--An agreement entered into under + clause (i) shall comply with all requirements under + paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall appoint not fewer + than 3 judges who shall, except as provided in clause (ii), + select the 1 or more annual winners of the prize + competition. + (ii) Determination by secretary.--The judges appointed + under clause (i) shall not select any annual winner of the + prize competition if the Secretary makes a determination + that, in any fiscal year, none of the technological + advancements entered into the prize competition merits an + award. + (F) Report to congress.--Not later than 60 days after the + date on which a cash prize is awarded under this paragraph, the + Secretary shall submit to the Committee on Environment and + Public Works of the Senate and the Committee on Natural + Resources of the House of Representatives a report on the prize + competition that includes-- + (i) a statement by the Board that describes the + activities carried out by the Board relating to the duties + described in subparagraph (C)(iii); + (ii) if the Secretary has entered into an agreement + under subparagraph (D)(i), a statement by the National Fish + and Wildlife Foundation that describes the activities + carried out by the National Fish and Wildlife Foundation + relating to the duties described in paragraph (7)(B); and + (iii) a statement by 1 or more of the judges appointed + under subparagraph (E) that explains the basis on which the + winner of the cash prize was selected. + (G) Termination of authority.--The Board and all authority + provided under this paragraph shall terminate on December 31, + 2023. + (3) Theodore roosevelt genius prize for promotion of wildlife + conservation.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the Promotion of + Wildlife Conservation Technology Advisory Board established + by subparagraph (C)(i). + (ii) Prize competition.--The term ``prize competition'' + means the Theodore Roosevelt Genius Prize for the promotion + of wildlife conservation established under subparagraph + (B). + (B) Authority.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall establish under + section 24 of the Stevenson-Wydler Technology Innovation Act of + 1980 (15 U.S.C. 3719) a prize competition, to be known as the + ``Theodore Roosevelt Genius Prize for the promotion of wildlife + conservation''-- + (i) to encourage technological innovation with the + potential to advance the mission of the United States Fish + and Wildlife Service with respect to the promotion of + wildlife conservation; and + (ii) to award 1 or more prizes annually for a + technological advancement that promotes wildlife + conservation. + (C) Advisory board.-- + (i) Establishment.--There is established an advisory + board, to be known as the ``Promotion of Wildlife + Conservation Technology Advisory Board''. + (ii) Composition.--The Board shall be composed of not + fewer than 9 members appointed by the Secretary, who shall + provide expertise in-- + + (I) wildlife conservation and management; + (II) biology; + (III) technology development; + (IV) engineering; + (V) economics; + (VI) business development and management; and + (VII) any other discipline, as the Secretary + determines to be necessary to achieve the purposes of + this paragraph. + + (iii) Duties.--Subject to clause (iv), with respect to + the prize competition, the Board shall-- + + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary regarding any + opportunity for technological innovation to promote + wildlife conservation; and + (IV) advise winners of the prize competition + regarding opportunities to pilot and implement winning + technologies in relevant fields, including in + partnership with conservation organizations, Federal or + State agencies, federally recognized Indian tribes, + private entities, and research institutions with + expertise or interest relating to the promotion of + wildlife conservation. + + (iv) Consultation.--In selecting a topic and issuing a + problem statement for the prize competition under + subclauses (I) and (II) of clause (iii), respectively, the + Board shall consult widely with Federal and non-Federal + stakeholders, including-- + + (I) 1 or more Federal agencies with jurisdiction + over the promotion of wildlife conservation; + (II) 1 or more State agencies with jurisdiction + over the promotion of wildlife conservation; + (III) 1 or more State, regional, or local wildlife + organizations, the mission of which relates to the + promotion of wildlife conservation; and + (IV) 1 or more wildlife conservation groups, + technology companies, research institutions, + institutions of higher education, industry + associations, or individual stakeholders with an + interest in the promotion of wildlife conservation. + + (v) Requirements.--The Board shall comply with all + requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife foundation.-- + (i) In general.--The Secretary shall offer to enter + into an agreement under which the National Fish and + Wildlife Foundation shall administer the prize competition. + (ii) Requirements.--An agreement entered into under + clause (i) shall comply with all requirements under + paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall appoint not fewer + than 3 judges who shall, except as provided in clause (ii), + select the 1 or more annual winners of the prize + competition. + (ii) Determination by secretary.--The judges appointed + under clause (i) shall not select any annual winner of the + prize competition if the Secretary makes a determination + that, in any fiscal year, none of the technological + advancements entered into the prize competition merits an + award. + (F) Report to congress.--Not later than 60 days after the + date on which a cash prize is awarded under this paragraph, the + Secretary shall submit to the Committee on Environment and + Public Works of the Senate and the Committee on Natural + Resources of the House of Representatives a report on the prize + competition that includes-- + (i) a statement by the Board that describes the + activities carried out by the Board relating to the duties + described in subparagraph (C)(iii); + (ii) if the Secretary has entered into an agreement + under subparagraph (D)(i), a statement by the National Fish + and Wildlife Foundation that describes the activities + carried out by the National Fish and Wildlife Foundation + relating to the duties described in paragraph (7)(B); and + (iii) a statement by 1 or more of the judges appointed + under subparagraph (E) that explains the basis on which the + winner of the cash prize was selected. + (G) Termination of authority.--The Board and all authority + provided under this paragraph shall terminate on December 31, + 2023. + (4) Theodore roosevelt genius prize for management of invasive + species.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the Management of + Invasive Species Technology Advisory Board established by + subparagraph (C)(i). + (ii) Prize competition.--The term ``prize competition'' + means the Theodore Roosevelt Genius Prize for the + management of invasive species established under + subparagraph (B). + (B) Authority.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall establish under + section 24 of the Stevenson-Wydler Technology Innovation Act of + 1980 (15 U.S.C. 3719) a prize competition, to be known as the + ``Theodore Roosevelt Genius Prize for the management of + invasive species''-- + (i) to encourage technological innovation with the + potential to advance the mission of the United States Fish + and Wildlife Service with respect to the management of + invasive species; and + (ii) to award 1 or more prizes annually for a + technological advancement that manages invasive species. + (C) Advisory board.-- + (i) Establishment.--There is established an advisory + board, to be known as the ``Management of Invasive Species + Technology Advisory Board''. + (ii) Composition.--The Board shall be composed of not + fewer than 9 members appointed by the Secretary, who shall + provide expertise in-- + + (I) invasive species; + (II) biology; + (III) technology development; + (IV) engineering; + (V) economics; + (VI) business development and management; and + (VII) any other discipline, as the Secretary + determines to be necessary to achieve the purposes of + this paragraph. + + (iii) Duties.--Subject to clause (iv), with respect to + the prize competition, the Board shall-- + + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary regarding any + opportunity for technological innovation to manage + invasive species; and + (IV) advise winners of the prize competition + regarding opportunities to pilot and implement winning + technologies in relevant fields, including in + partnership with conservation organizations, Federal or + State agencies, federally recognized Indian tribes, + private entities, and research institutions with + expertise or interest relating to the management of + invasive species. + + (iv) Consultation.--In selecting a topic and issuing a + problem statement for the prize competition under + subclauses (I) and (II) of clause (iii), respectively, the + Board shall consult widely with Federal and non-Federal + stakeholders, including-- + + (I) 1 or more Federal agencies with jurisdiction + over the management of invasive species; + (II) 1 or more State agencies with jurisdiction + over the management of invasive species; + (III) 1 or more State, regional, or local wildlife + organizations, the mission of which relates to the + management of invasive species; and + (IV) 1 or more wildlife conservation groups, + technology companies, research institutions, + institutions of higher education, industry + associations, or individual stakeholders with an + interest in the management of invasive species. + + (v) Requirements.--The Board shall comply with all + requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife foundation.-- + (i) In general.--The Secretary shall offer to enter + into an agreement under which the National Fish and + Wildlife Foundation shall administer the prize competition. + (ii) Requirements.--An agreement entered into under + clause (i) shall comply with all requirements under + paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall appoint not fewer + than 3 judges who shall, except as provided in clause (ii), + select the 1 or more annual winners of the prize + competition. + (ii) Determination by secretary.--The judges appointed + under clause (i) shall not select any annual winner of the + prize competition if the Secretary makes a determination + that, in any fiscal year, none of the technological + advancements entered into the prize competition merits an + award. + (F) Report to congress.--Not later than 60 days after the + date on which a cash prize is awarded under this paragraph, the + Secretary shall submit to the Committee on Environment and + Public Works of the Senate and the Committee on Natural + Resources of the House of Representatives a report on the prize + competition that includes-- + (i) a statement by the Board that describes the + activities carried out by the Board relating to the duties + described in subparagraph (C)(iii); + (ii) if the Secretary has entered into an agreement + under subparagraph (D)(i), a statement by the National Fish + and Wildlife Foundation that describes the activities + carried out by the National Fish and Wildlife Foundation + relating to the duties described in paragraph (7)(B); and + (iii) a statement by 1 or more of the judges appointed + under subparagraph (E) that explains the basis on which the + winner of the cash prize was selected. + (G) Termination of authority.--The Board and all authority + provided under this paragraph shall terminate on December 31, + 2023. + (5) Theodore roosevelt genius prize for protection of + endangered species.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the Protection of + Endangered Species Technology Advisory Board established by + subparagraph (C)(i). + (ii) Prize competition.--The term ``prize competition'' + means the Theodore Roosevelt Genius Prize for the + protection of endangered species established under + subparagraph (B). + (B) Authority.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall establish under + section 24 of the Stevenson-Wydler Technology Innovation Act of + 1980 (15 U.S.C. 3719) a prize competition, to be known as the + ``Theodore Roosevelt Genius Prize for the protection of + endangered species''-- + (i) to encourage technological innovation with the + potential to advance the mission of the United States Fish + and Wildlife Service with respect to the protection of + endangered species; and + (ii) to award 1 or more prizes annually for a + technological advancement that protects endangered species. + (C) Advisory board.-- + (i) Establishment.--There is established an advisory + board, to be known as the ``Protection of Endangered + Species Technology Advisory Board''. + (ii) Composition.--The Board shall be composed of not + fewer than 9 members appointed by the Secretary, who shall + provide expertise in-- + + (I) endangered species; + (II) biology; + (III) technology development; + (IV) engineering; + (V) economics; + (VI) business development and management; and + (VII) any other discipline, as the Secretary + determines to be necessary to achieve the purposes of + this paragraph. + + (iii) Duties.--Subject to clause (iv), with respect to + the prize competition, the Board shall-- + + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary regarding any + opportunity for technological innovation to protect + endangered species; and + (IV) advise winners of the prize competition + regarding opportunities to pilot and implement winning + technologies in relevant fields, including in + partnership with conservation organizations, Federal or + State agencies, federally recognized Indian tribes, + private entities, and research institutions with + expertise or interest relating to the protection of + endangered species. + + (iv) Consultation.--In selecting a topic and issuing a + problem statement for the prize competition under + subclauses (I) and (II) of clause (iii), respectively, the + Board shall consult widely with Federal and non-Federal + stakeholders, including-- + + (I) 1 or more Federal agencies with jurisdiction + over the protection of endangered species; + (II) 1 or more State agencies with jurisdiction + over the protection of endangered species; + (III) 1 or more State, regional, or local wildlife + organizations, the mission of which relates to the + protection of endangered species; and + (IV) 1 or more wildlife conservation groups, + technology companies, research institutions, + institutions of higher education, industry + associations, or individual stakeholders with an + interest in the protection of endangered species. + + (v) Requirements.--The Board shall comply with all + requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife foundation.-- + (i) In general.--The Secretary shall offer to enter + into an agreement under which the National Fish and + Wildlife Foundation shall administer the prize competition. + (ii) Requirements.--An agreement entered into under + clause (i) shall comply with all requirements under + paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall appoint not fewer + than 3 judges who shall, except as provided in clause (ii), + select the 1 or more annual winners of the prize + competition. + (ii) Determination by secretary.--The judges appointed + under clause (i) shall not select any annual winner of the + prize competition if the Secretary makes a determination + that, in any fiscal year, none of the technological + advancements entered into the prize competition merits an + award. + (F) Report to congress.--Not later than 60 days after the + date on which a cash prize is awarded under this paragraph, the + Secretary shall submit to the Committee on Environment and + Public Works of the Senate and the Committee on Natural + Resources of the House of Representatives a report on the prize + competition that includes-- + (i) a statement by the Board that describes the + activities carried out by the Board relating to the duties + described in subparagraph (C)(iii); + (ii) if the Secretary has entered into an agreement + under subparagraph (D)(i), a statement by the National Fish + and Wildlife Foundation that describes the activities + carried out by the National Fish and Wildlife Foundation + relating to the duties described in paragraph (7)(B); and + (iii) a statement by 1 or more of the judges appointed + under subparagraph (E) that explains the basis on which the + winner of the cash prize was selected. + (G) Termination of authority.--The Board and all authority + provided under this paragraph shall terminate on December 31, + 2023. + (6) Theodore roosevelt genius prize for nonlethal management of + human-wildlife conflicts.-- + (A) Definitions.--In this paragraph: + (i) Board.--The term ``Board'' means the Nonlethal + Management of Human-Wildlife Conflicts Technology Advisory + Board established by subparagraph (C)(i). + (ii) Prize competition.--The term ``prize competition'' + means the Theodore Roosevelt Genius Prize for the nonlethal + management of human-wildlife conflicts established under + subparagraph (B). + (B) Authority.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall establish under + section 24 of the Stevenson-Wydler Technology Innovation Act of + 1980 (15 U.S.C. 3719) a prize competition, to be known as the + ``Theodore Roosevelt Genius Prize for the nonlethal management + of human-wildlife conflicts''-- + (i) to encourage technological innovation with the + potential to advance the mission of the United States Fish + and Wildlife Service with respect to the nonlethal + management of human-wildlife conflicts; and + (ii) to award 1 or more prizes annually for a + technological advancement that promotes the nonlethal + management of human-wildlife conflicts. + (C) Advisory board.-- + (i) Establishment.--There is established an advisory + board, to be known as the ``Nonlethal Management of Human- + Wildlife Conflicts Technology Advisory Board''. + (ii) Composition.--The Board shall be composed of not + fewer than 9 members appointed by the Secretary, who shall + provide expertise in-- + + (I) nonlethal wildlife management; + (II) social aspects of human-wildlife conflict + management; + (III) biology; + (IV) technology development; + (V) engineering; + (VI) economics; + (VII) business development and management; and + (VIII) any other discipline, as the Secretary + determines to be necessary to achieve the purposes of + this paragraph. + + (iii) Duties.--Subject to clause (iv), with respect to + the prize competition, the Board shall-- + + (I) select a topic; + (II) issue a problem statement; + (III) advise the Secretary regarding any + opportunity for technological innovation to promote the + nonlethal management of human-wildlife conflicts; and + (IV) advise winners of the prize competition + regarding opportunities to pilot and implement winning + technologies in relevant fields, including in + partnership with conservation organizations, Federal or + State agencies, federally recognized Indian tribes, + private entities, and research institutions with + expertise or interest relating to the nonlethal + management of human-wildlife conflicts. + + (iv) Consultation.--In selecting a topic and issuing a + problem statement for the prize competition under + subclauses (I) and (II) of subparagraph (C), respectively, + the Board shall consult widely with Federal and non-Federal + stakeholders, including-- + + (I) 1 or more Federal agencies with jurisdiction + over the management of native wildlife species at risk + due to conflict with human activities; + (II) 1 or more State agencies with jurisdiction + over the management of native wildlife species at risk + due to conflict with human activities; + (III) 1 or more State, regional, or local wildlife + organizations, the mission of which relates to the + management of native wildlife species at risk due to + conflict with human activities; and + (IV) 1 or more wildlife conservation groups, + technology companies, research institutions, + institutions of higher education, industry + associations, or individual stakeholders with an + interest in the management of native wildlife species + at risk due to conflict with human activities. + + (v) Requirements.--The Board shall comply with all + requirements under paragraph (7)(A). + (D) Agreement with national fish and wildlife foundation.-- + (i) In general.--The Secretary shall offer to enter + into an agreement under which the National Fish and + Wildlife Foundation shall administer the prize competition. + (ii) Requirements.--An agreement entered into under + clause (i) shall comply with all requirements under + paragraph (7)(B). + (E) Judges.-- + (i) Appointment.--The Secretary shall appoint not fewer + than 3 judges who shall, except as provided in clause (ii), + select the 1 or more annual winners of the prize + competition. + (ii) Determination by secretary.--The judges appointed + under clause (i) shall not select any annual winner of the + prize competition if the Secretary makes a determination + that, in any fiscal year, none of the technological + advancements entered into the prize competition merits an + award. + (F) Report to congress.--Not later than 60 days after the + date on which a cash prize is awarded under this paragraph, the + Secretary shall submit to the Committee on Environment and + Public Works of the Senate and the Committee on Natural + Resources of the House of Representatives a report on the prize + competition that includes-- + (i) a statement by the Board that describes the + activities carried out by the Board relating to the duties + described in subparagraph (C)(iii); + (ii) if the Secretary has entered into an agreement + under subparagraph (D)(i), a statement by the National Fish + and Wildlife Foundation that describes the activities + carried out by the National Fish and Wildlife Foundation + relating to the duties described in paragraph (7)(B); and + (iii) a statement by 1 or more of the judges appointed + under subparagraph (E) that explains the basis on which the + winner of the cash prize was selected. + (G) Termination of authority.--The Board and all authority + provided under this paragraph shall terminate on December 31, + 2023. + (7) Administration of prize competitions.-- + (A) Additional requirements for advisory boards.--An + advisory board established under paragraph (2)(C)(i), + (3)(C)(i), (4)(C)(i), (5)(C)(i), or (6)(C)(i) (referred to in + this paragraph as a ``Board'') shall comply with the following + requirements: + (i) Term; vacancies.-- + + (I) Term.--A member of the Board shall serve for a + term of 5 years. + (II) 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. + (ii) 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. + (iii) Meetings.-- + + (I) In general.--The Board shall meet at the call + of the Chairperson. + (II) Remote participation.-- + + (aa) In general.--Any member of the Board may + participate in a meeting of the Board through the + use of-- + (AA) teleconferencing; or + (BB) any other remote business + telecommunications method that allows each + participating member to simultaneously hear + each other participating member during the + meeting. + (bb) Presence.--A member of the Board who + participates in a meeting remotely under item (aa) + shall be considered to be present at the meeting. + (iv) Quorum.--A majority of the members of the Board + shall constitute a quorum, but a lesser number of members + may hold a meeting. + (v) Chairperson and vice chairperson.--The Board shall + select a Chairperson and Vice Chairperson from among the + members of the Board. + (vi) Administrative cost reduction.--The Board shall, + to the maximum extent practicable, minimize the + administrative costs of the Board, including by encouraging + the remote participation described in clause (iii)(II)(aa) + to reduce travel costs. + (B) Agreements with national fish and wildlife + foundation.--Any agreement entered into under paragraph + (2)(D)(i), (3)(D)(i), (4)(D)(i), (5)(D)(i), or (6)(D)(i) shall + comply with the following requirements: + (i) Duties.--An agreement shall provide that the + National Fish and Wildlife Foundation shall-- + + (I) advertise the prize competition; + (II) solicit prize competition participants; + (III) administer funds relating to the prize + competition; + (IV) receive Federal funds-- + + (aa) to administer the prize competition; and + (bb) to award a cash prize; + + (V) carry out activities to generate contributions + of non-Federal funds to offset, in whole or in part-- + + (aa) the administrative costs of the prize + competition; and + (bb) the costs of a cash prize; + + (VI) in consultation with, and subject to final + approval by, the Secretary, develop criteria for the + selection of prize competition winners; + (VII) provide advice and consultation to the + Secretary on the selection of judges under paragraphs + (2)(E), (3)(E), (4)(E), (5)(E), and (6)(E) based on + criteria developed in consultation with, and subject to + the final approval of, the Secretary; + (VIII) announce 1 or more annual winners of the + prize competition; + (IX) subject to clause (ii), award 1 cash prize + annually; and + (X) protect against unauthorized use or disclosure + by the National Fish and Wildlife Foundation of any + trade secret or confidential business information of a + prize competition participant. + + (ii) Additional cash prizes.--An agreement shall + provide that the National Fish and Wildlife Foundation may + award more than 1 cash prize annually if the initial cash + prize referred to in clause (i)(IX) and any additional cash + prize are awarded using only non-Federal funds. + (iii) Solicitation of funds.--An agreement shall + provide that the National Fish and Wildlife Foundation-- + + (I) may request and accept Federal funds and non- + Federal funds for a cash prize; + (II) may accept a contribution for a cash prize in + exchange for the right to name the prize; and + (III) shall not give special consideration to any + Federal agency or non-Federal entity in exchange for a + donation for a cash prize awarded under this + subsection. + (C) Award amounts.-- + (i) In general.--The amount of the initial cash prize + referred to in subparagraph (B)(i)(IX) shall be $100,000. + (ii) Additional cash prizes.--On notification by the + National Fish and Wildlife Foundation that non-Federal + funds are available for an additional cash prize, the + Secretary shall determine the amount of the additional cash + prize. SEC. 7002. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD CONSERVATION - ACT. - +ACT. Section 10 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as follows: - -``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. - + ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this Act $6,500,000 for each of fiscal years 2019 through 2023. ``(b) Use of Funds.--Of the amounts made available under subsection (a) for each fiscal year, not less than 75 percent shall be expended for projects carried out at a location outside of the United States.''. - SEC. 7003. JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM. - (a) Replacement of John H. Chafee Coastal Barrier Resources System Maps.-- - (1) In general.--Subject to paragraph (3), each map - included in the set of maps referred to in section 4(a) of the - Coastal Barrier Resources Act (16 U.S.C. 3503(a)) that relates - to a Unit of such System referred to in paragraph (2) is - replaced in such set with the map described in that paragraph - with respect to that Unit. - (2) Replacement maps described.--The replacement maps - referred to in paragraph (1) are the following: - (A) The map entitled ``Delaware Seashore Unit DE- - 07/DE-07P North Bethany Beach Unit H01'' and dated - March 18, 2016, with respect to Unit DE-07, Unit DE- - 07P, and Unit H01. - (B) The map entitled ``Pine Island Bay Unit NC-01/ - NC-01P'' and dated March 18, 2016, with respect to Unit - NC-01 and Unit NC-01P. - (C) The map entitled ``Roosevelt Natural Area Unit - NC-05P'' and dated March 18, 2016, with respect to Unit - NC-05P. - (D) The map entitled ``Hammocks Beach Unit NC-06/ - NC-06P (2 of 2) Onslow Beach Complex L05 (1 of 2)'' and - dated March 18, 2016, with respect to Unit L05. - (E) The map entitled ``Onslow Beach Complex L05 (2 - of 2) Topsail Unit L06 (1 of 2)'' and dated November - 20, 2013, with respect to Unit L05 and Unit L06. - (F) The map entitled ``Topsail Unit L06 (2 of 2)'' - and dated November 20, 2013, with respect to Unit L06. - (G) The map entitled ``Litchfield Beach Unit M02 - Pawleys Inlet Unit M03'' and dated March 18, 2016, with - respect to Unit M02 and Unit M03. - (H) The map entitled ``Fort Clinch Unit FL-01/FL- - 01P'' and dated March 18, 2016, with respect to Unit - FL-01 and Unit FL-01P. - (I) The map entitled ``Usina Beach Unit P04A Conch - Island Unit P05/P05P'' and dated March 18, 2016, with - respect to Unit P04A, Unit P05, and Unit P05P. - (J) The map entitled ``Ponce Inlet Unit P08/P08P'' - and dated March 18, 2016, with respect to Unit P08 and - Unit P08P. - (K) The map entitled ``Spessard Holland Park Unit - FL-13P Coconut Point Unit P09A/P09AP'' and dated March - 18, 2016, with respect to Unit FL-13P, Unit P09A, and - Unit P09AP. - (L) The map entitled ``Blue Hole Unit P10A Pepper - Beach Unit FL-14P'' and dated March 18, 2016, with - respect to Unit P10A and Unit FL-14P. - (M) The map entitled ``Hutchinson Island Unit P11/ - P11P (1 of 2)'' and dated March 18, 2016, with respect - to Unit P11 and Unit P11P. - (N) The map entitled ``Hutchinson Island Unit P11 - (2 of 2)'' and dated March 18, 2016, with respect to - Unit P11. - (O) The map entitled ``Blowing Rocks Unit FL-15 - Jupiter Beach Unit FL-16P Carlin Unit FL-17P'' and - dated March 18, 2016, with respect to Unit FL-15, Unit - FL-16P, and Unit FL-17P. - (P) The map entitled ``MacArthur Beach Unit FL- - 18P'' and dated March 18, 2016, with respect to Unit - FL-18P. - (Q) The map entitled ``Birch Park Unit FL-19P'' and - dated March 18, 2016, with respect to Unit FL-19P. - (R) The map entitled ``Lloyd Beach Unit FL-20P - North Beach Unit P14A'' and dated March 18, 2016, with - respect to Unit FL-20P and Unit P14A. - (S) The map entitled ``Tavernier Key Unit FL-39 - Snake Creek Unit FL-40'' and dated March 18, 2016, with - respect to Unit FL-39 and Unit FL-40. - (T) The map entitled ``Channel Key Unit FL-43 Toms - Harbor Keys Unit FL-44 Deer/Long Point Keys Unit FL- - 45'' and dated March 18, 2016, with respect to Unit FL- - 43, Unit FL-44, and FL-45. - (U) The map entitled ``Boot Key Unit FL-46'' and - dated March 18, 2016, with respect to Unit FL-46. - (V) The map entitled ``Bowditch Point Unit P17A - Bunche Beach Unit FL-67/FL-67P Sanibel Island Complex - P18P (1 of 2)'' and dated March 18, 2016, with respect - to Unit P17A, Unit FL-67, and Unit FL-67P. - (W) The map entitled ``Bocilla Island Unit P21/ - P21P'' and dated March 18, 2016, with respect to Unit - P21 and Unit P21P. - (X) The map entitled ``Venice Inlet Unit FL-71P - Casey Key Unit P22'' and dated March 18, 2016, with - respect to Unit P22. - (Y) The map entitled ``Lido Key Unit FL-72P'' and - dated March 18, 2016, with respect to Unit FL-72P. - (Z) The map entitled ``De Soto Unit FL-73P - Rattlesnake Key Unit FL-78 Bishop Harbor Unit FL-82'' - and dated March 18, 2016, with respect to Unit FL-73P, - Unit FL-78, and Unit FL-82. - (AA) The map entitled ``Passage Key Unit FL-80P - Egmont Key Unit FL-81/FL-81P The Reefs Unit P24P (1 of - 2)'' and dated March 18, 2016, with respect to Unit FL- - 80P, Unit FL-81, and Unit FL-81P. - (BB) The map entitled ``Cockroach Bay Unit FL-83'' - and dated March 18, 2016, with respect to Unit FL-83. - (CC) The map entitled ``Sand Key Unit FL-85P'' and - dated March 18, 2016, with respect to Unit FL-85P. - (DD) The map entitled ``Pepperfish Keys Unit P26'' - and dated March 18, 2016, with respect to Unit P26. - (EE) The map entitled ``Peninsula Point Unit FL- - 89'' and dated March 18, 2016, with respect to Unit FL- - 89. - (FF) The map entitled ``Phillips Inlet Unit FL-93/ - FL-93P Deer Lake Complex FL-94'' and dated March 18, - 2016, with respect to Unit FL-93, Unit FL-93P, and Unit - FL-94. - (GG) The map entitled ``St. Andrew Complex P31 (1 - of 3)'' and dated October 7, 2016, with respect to Unit - P31. - (HH) The map entitled ``St. Andrew Complex P31 (2 - of 3)'' and dated October 7, 2016, with respect to Unit - P31. - (II) The map entitled ``St. Andrew Complex P31/P31P - (3 of 3)'' and dated October 7, 2016, with respect to - Unit P31 and Unit P31P. - (3) Limitations.--For purposes of paragraph (1)-- - (A) nothing in this subsection affects the - boundaries of any of Units NC-06 and NC-06P; - (B) the occurrence in paragraph (2) of the name of - a Unit solely in the title of a map shall not be - construed to be a reference to such Unit; and - (C) the depiction of boundaries of any of Units - P18P, FL-71P, and P24P in a map referred to in - subparagraph (V), (X), or (AA) of paragraph (2) shall - not be construed to affect the boundaries of such Unit. - (4) Conforming amendment.--Section 4(a) of the Coastal - Barrier Resources Act (16 U.S.C. 3503(a)) is amended-- - (A) in the matter preceding paragraph (1), by - inserting ``replaced,'' after ``may be''; and - (B) in paragraph (3), by inserting ``replaces such - a map or'' after ``that specifically''. + (1) In general.--Subject to paragraph (3), each map included in + the set of maps referred to in section 4(a) of the Coastal Barrier + Resources Act (16 U.S.C. 3503(a)) that relates to a Unit of such + System referred to in paragraph (2) is replaced in such set with + the map described in that paragraph with respect to that Unit. + (2) Replacement maps described.--The replacement maps referred + to in paragraph (1) are the following: + (A) The map entitled ``Delaware Seashore Unit DE-07/DE-07P + North Bethany Beach Unit H01'' and dated March 18, 2016, with + respect to Unit DE-07, Unit DE-07P, and Unit H01. + (B) The map entitled ``Pine Island Bay Unit NC-01/NC-01P'' + and dated March 18, 2016, with respect to Unit NC-01 and Unit + NC-01P. + (C) The map entitled ``Roosevelt Natural Area Unit NC-05P'' + and dated March 18, 2016, with respect to Unit NC-05P. + (D) The map entitled ``Hammocks Beach Unit NC-06/NC-06P (2 + of 2) Onslow Beach Complex L05 (1 of 2)'' and dated March 18, + 2016, with respect to Unit L05. + (E) The map entitled ``Onslow Beach Complex L05 (2 of 2) + Topsail Unit L06 (1 of 2)'' and dated November 20, 2013, with + respect to Unit L05 and Unit L06. + (F) The map entitled ``Topsail Unit L06 (2 of 2)'' and + dated November 20, 2013, with respect to Unit L06. + (G) The map entitled ``Litchfield Beach Unit M02 Pawleys + Inlet Unit M03'' and dated March 18, 2016, with respect to Unit + M02 and Unit M03. + (H) The map entitled ``Fort Clinch Unit FL-01/FL-01P'' and + dated March 18, 2016, with respect to Unit FL-01 and Unit FL- + 01P. + (I) The map entitled ``Usina Beach Unit P04A Conch Island + Unit P05/P05P'' and dated March 18, 2016, with respect to Unit + P04A, Unit P05, and Unit P05P. + (J) The map entitled ``Ponce Inlet Unit P08/P08P'' and + dated March 18, 2016, with respect to Unit P08 and Unit P08P. + (K) The map entitled ``Spessard Holland Park Unit FL-13P + Coconut Point Unit P09A/P09AP'' and dated March 18, 2016, with + respect to Unit FL-13P, Unit P09A, and Unit P09AP. + (L) The map entitled ``Blue Hole Unit P10A Pepper Beach + Unit FL-14P'' and dated March 18, 2016, with respect to Unit + P10A and Unit FL-14P. + (M) The map entitled ``Hutchinson Island Unit P11/P11P (1 + of 2)'' and dated March 18, 2016, with respect to Unit P11 and + Unit P11P. + (N) The map entitled ``Hutchinson Island Unit P11 (2 of + 2)'' and dated March 18, 2016, with respect to Unit P11. + (O) The map entitled ``Blowing Rocks Unit FL-15 Jupiter + Beach Unit FL-16P Carlin Unit FL-17P'' and dated March 18, + 2016, with respect to Unit FL-15, Unit FL-16P, and Unit FL-17P. + (P) The map entitled ``MacArthur Beach Unit FL-18P'' and + dated March 18, 2016, with respect to Unit FL-18P. + (Q) The map entitled ``Birch Park Unit FL-19P'' and dated + March 18, 2016, with respect to Unit FL-19P. + (R) The map entitled ``Lloyd Beach Unit FL-20P North Beach + Unit P14A'' and dated March 18, 2016, with respect to Unit FL- + 20P and Unit P14A. + (S) The map entitled ``Tavernier Key Unit FL-39 Snake Creek + Unit FL-40'' and dated March 18, 2016, with respect to Unit FL- + 39 and Unit FL-40. + (T) The map entitled ``Channel Key Unit FL-43 Toms Harbor + Keys Unit FL-44 Deer/Long Point Keys Unit FL-45'' and dated + March 18, 2016, with respect to Unit FL-43, Unit FL-44, and FL- + 45. + (U) The map entitled ``Boot Key Unit FL-46'' and dated + March 18, 2016, with respect to Unit FL-46. + (V) The map entitled ``Bowditch Point Unit P17A Bunche + Beach Unit FL-67/FL-67P Sanibel Island Complex P18P (1 of 2)'' + and dated March 18, 2016, with respect to Unit P17A, Unit FL- + 67, and Unit FL-67P. + (W) The map entitled ``Bocilla Island Unit P21/P21P'' and + dated March 18, 2016, with respect to Unit P21 and Unit P21P. + (X) The map entitled ``Venice Inlet Unit FL-71P Casey Key + Unit P22'' and dated March 18, 2016, with respect to Unit P22. + (Y) The map entitled ``Lido Key Unit FL-72P'' and dated + March 18, 2016, with respect to Unit FL-72P. + (Z) The map entitled ``De Soto Unit FL-73P Rattlesnake Key + Unit FL-78 Bishop Harbor Unit FL-82'' and dated March 18, 2016, + with respect to Unit FL-73P, Unit FL-78, and Unit FL-82. + (AA) The map entitled ``Passage Key Unit FL-80P Egmont Key + Unit FL-81/FL-81P The Reefs Unit P24P (1 of 2)'' and dated + March 18, 2016, with respect to Unit FL-80P, Unit FL-81, and + Unit FL-81P. + (BB) The map entitled ``Cockroach Bay Unit FL-83'' and + dated March 18, 2016, with respect to Unit FL-83. + (CC) The map entitled ``Sand Key Unit FL-85P'' and dated + March 18, 2016, with respect to Unit FL-85P. + (DD) The map entitled ``Pepperfish Keys Unit P26'' and + dated March 18, 2016, with respect to Unit P26. + (EE) The map entitled ``Peninsula Point Unit FL-89'' and + dated March 18, 2016, with respect to Unit FL-89. + (FF) The map entitled ``Phillips Inlet Unit FL-93/FL-93P + Deer Lake Complex FL-94'' and dated March 18, 2016, with + respect to Unit FL-93, Unit FL-93P, and Unit FL-94. + (GG) The map entitled ``St. Andrew Complex P31 (1 of 3)'' + and dated October 7, 2016, with respect to Unit P31. + (HH) The map entitled ``St. Andrew Complex P31 (2 of 3)'' + and dated October 7, 2016, with respect to Unit P31. + (II) The map entitled ``St. Andrew Complex P31/P31P (3 of + 3)'' and dated October 7, 2016, with respect to Unit P31 and + Unit P31P. + (3) Limitations.--For purposes of paragraph (1)-- + (A) nothing in this subsection affects the boundaries of + any of Units NC-06 and NC-06P; + (B) the occurrence in paragraph (2) of the name of a Unit + solely in the title of a map shall not be construed to be a + reference to such Unit; and + (C) the depiction of boundaries of any of Units P18P, FL- + 71P, and P24P in a map referred to in subparagraph (V), (X), or + (AA) of paragraph (2) shall not be construed to affect the + boundaries of such Unit. + (4) Conforming amendment.--Section 4(a) of the Coastal Barrier + Resources Act (16 U.S.C. 3503(a)) is amended-- + (A) in the matter preceding paragraph (1), by inserting + ``replaced,'' after ``may be''; and + (B) in paragraph (3), by inserting ``replaces such a map + or'' after ``that specifically''. (b) Digital Maps of John H. Chafee Coastal Barrier Resources System Units.--Section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 3503(b)) is amended-- - (1) by inserting before the first sentence the following: - ``(1) In general.--''; and - (2) by adding at the end the following: - ``(2) Digital maps.-- - ``(A) Availability.--The Secretary shall make - available to the public on the Internet web site of the - United States Fish and Wildlife Service digital - versions of the maps included in the set of maps - referred to in subsection (a). - ``(B) Effect.--Any determination as to whether a - location is inside or outside the System shall be made - without regard to the digital maps available under this - paragraph, except that this subparagraph does not apply - with respect to any printed version of such a digital - map if the printed version is included in the maps - referred to in subsection (a). - ``(C) Report.--No later than 180 days after the - date of the enactment of Natural Resources Management - Act, the Secretary shall submit to the Committee on - Natural Resources of the House of Representatives and - the Committee on Environment and Public Works of the - Senate a report regarding the progress and challenges - in the transition from paper to digital maps and a - timetable for completion of the digitization of all - maps related to the System.''. + (1) by inserting before the first sentence the following: + ``(1) In general.--''; and + (2) by adding at the end the following: + ``(2) Digital maps.-- + ``(A) Availability.--The Secretary shall make available to + the public on the Internet web site of the United States Fish + and Wildlife Service digital versions of the maps included in + the set of maps referred to in subsection (a). + ``(B) Effect.--Any determination as to whether a location + is inside or outside the System shall be made without regard to + the digital maps available under this paragraph, except that + this subparagraph does not apply with respect to any printed + version of such a digital map if the printed version is + included in the maps referred to in subsection (a). + ``(C) Report.--No later than 180 days after the date of the + enactment of John D. Dingell, Jr. Conservation, Management, and + Recreation Act, the Secretary shall submit to the Committee on + Natural Resources of the House of Representatives and the + Committee on Environment and Public Works of the Senate a + report regarding the progress and challenges in the transition + from paper to digital maps and a timetable for completion of + the digitization of all maps related to the System.''. (c) Repeal of Report.--Section 3 of Public Law 109-226 (16 U.S.C. 3503 note) is repealed. TITLE VIII--WATER AND POWER - Subtitle A--Reclamation Title Transfer SEC. 8001. PURPOSE. - The purpose of this subtitle is to facilitate the transfer of title to Reclamation project facilities to qualifying entities on the completion of repayment of capital costs. - SEC. 8002. DEFINITIONS. - In this subtitle: - (1) Conveyed property.--The term ``conveyed property'' - means an eligible facility that has been conveyed to a - qualifying entity under section 8003. - (2) Eligible facility.--The term ``eligible facility'' - means a facility that meets the criteria for potential transfer - established under section 8004(a). - (3) Facility.-- - (A) In general.--The term ``facility'' includes a - dam or appurtenant works, canal, lateral, ditch, gate, - control structure, pumping station, other - infrastructure, recreational facility, building, - distribution and drainage works, and associated land or - interest in land or water. - (B) Exclusions.--The term ``facility'' does not - include a Reclamation project facility, or a portion of - a Reclamation project facility-- - (i) that is a reserved works as of the date - of enactment of this Act; - (ii) that generates hydropower marketed by - a Federal power marketing administration; or - (iii) that is managed for recreation under - a lease, permit, license, or other management - agreement that does contribute to capital - repayment. - (4) Project use power.--The term ``project use power'' - means the electrical capacity, energy, and associated ancillary - service components required to provide the minimum electrical - service needed to operate or maintain Reclamation project - facilities in accordance with the authorization for the - Reclamation project. - (5) Qualifying entity.--The term ``qualifying entity'' - means an agency of a State or political subdivision of a State, - a joint action or powers agency, a water users association, or - an Indian Tribe or Tribal utility authority that-- - (A) as of the date of conveyance under this - subtitle, is the current operator of the eligible - facility pursuant to a contract with Reclamation; and - (B) as determined by the Secretary, has the - capacity to continue to manage the eligible facility - for the same purposes for which the property has been - managed under the reclamation laws. - (6) Reclamation.--The term ``Reclamation'' means the Bureau - of Reclamation. - (7) Reclamation project.--The term ``Reclamation project'' - means-- - (A) any reclamation or irrigation project, - including incidental features of the project-- - (i) that is authorized by the reclamation - laws; - (ii) that is constructed by the United - States pursuant to the reclamation laws; or - (iii) in connection with which there is a - repayment or water service contract executed by - the United States pursuant to the reclamation - laws; or - (B) any project constructed by the Secretary for - the reclamation of land. - (8) Reserved works.--The term ``reserved works'' means any - building, structure, facility, or equipment-- - (A) that is owned by the Bureau; and - (B) for which operations and maintenance are - performed, regardless of the source of funding-- - (i) by an employee of the Bureau; or - (ii) through a contract entered into by the - Commissioner. - (9) Secretary.--The term ``Secretary'' means the Secretary, - acting through the Commissioner of Reclamation. - + (1) Conveyed property.--The term ``conveyed property'' means an + eligible facility that has been conveyed to a qualifying entity + under section 8003. + (2) Eligible facility.--The term ``eligible facility'' means a + facility that meets the criteria for potential transfer established + under section 8004(a). + (3) Facility.-- + (A) In general.--The term ``facility'' includes a dam or + appurtenant works, canal, lateral, ditch, gate, control + structure, pumping station, other infrastructure, recreational + facility, building, distribution and drainage works, and + associated land or interest in land or water. + (B) Exclusions.--The term ``facility'' does not include a + Reclamation project facility, or a portion of a Reclamation + project facility-- + (i) that is a reserved works as of the date of + enactment of this Act; + (ii) that generates hydropower marketed by a Federal + power marketing administration; or + (iii) that is managed for recreation under a lease, + permit, license, or other management agreement that does + contribute to capital repayment. + (4) Project use power.--The term ``project use power'' means + the electrical capacity, energy, and associated ancillary service + components required to provide the minimum electrical service + needed to operate or maintain Reclamation project facilities in + accordance with the authorization for the Reclamation project. + (5) Qualifying entity.--The term ``qualifying entity'' means an + agency of a State or political subdivision of a State, a joint + action or powers agency, a water users association, or an Indian + Tribe or Tribal utility authority that-- + (A) as of the date of conveyance under this subtitle, is + the current operator of the eligible facility pursuant to a + contract with Reclamation; and + (B) as determined by the Secretary, has the capacity to + continue to manage the eligible facility for the same purposes + for which the property has been managed under the reclamation + laws. + (6) Reclamation.--The term ``Reclamation'' means the Bureau of + Reclamation. + (7) Reclamation project.--The term ``Reclamation project'' + means-- + (A) any reclamation or irrigation project, including + incidental features of the project-- + (i) that is authorized by the reclamation laws; + (ii) that is constructed by the United States pursuant + to the reclamation laws; or + (iii) in connection with which there is a repayment or + water service contract executed by the United States + pursuant to the reclamation laws; or + (B) any project constructed by the Secretary for the + reclamation of land. + (8) Reserved works.--The term ``reserved works'' means any + building, structure, facility, or equipment-- + (A) that is owned by the Bureau; and + (B) for which operations and maintenance are performed, + regardless of the source of funding-- + (i) by an employee of the Bureau; or + (ii) through a contract entered into by the + Commissioner. + (9) Secretary.--The term ``Secretary'' means the Secretary, + acting through the Commissioner of Reclamation. SEC. 8003. AUTHORIZATION OF TRANSFERS OF TITLE TO ELIGIBLE FACILITIES. - (a) Authorization.-- - (1) In general.--Subject to the requirements of this - subtitle, the Secretary, without further authorization from - Congress, may, on application of a qualifying entity, convey to - a qualifying entity all right, title, and interest of the - United States in and to any eligible facility, if-- - (A) not later than 90 days before the date on which - the Secretary makes the conveyance, the Secretary - submits to Congress-- - (i) a written notice of the proposed - conveyance; and - (ii) a description of the reasons for the - conveyance; and - (B) a joint resolution disapproving the conveyance - is not enacted before the date on which the Secretary - makes the conveyance. - (2) Consultation.--A conveyance under paragraph (1) shall - be made by written agreement between the Secretary and the - qualifying entity, developed in consultation with any existing - water and power customers affected by the conveyance of the - eligible facility. + (1) In general.--Subject to the requirements of this subtitle, + the Secretary, without further authorization from Congress, may, on + application of a qualifying entity, convey to a qualifying entity + all right, title, and interest of the United States in and to any + eligible facility, if-- + (A) not later than 90 days before the date on which the + Secretary makes the conveyance, the Secretary submits to + Congress-- + (i) a written notice of the proposed conveyance; and + (ii) a description of the reasons for the conveyance; + and + (B) a joint resolution disapproving the conveyance is not + enacted before the date on which the Secretary makes the + conveyance. + (2) Consultation.--A conveyance under paragraph (1) shall be + made by written agreement between the Secretary and the qualifying + entity, developed in consultation with any existing water and power + customers affected by the conveyance of the eligible facility. (b) Reservation of Easement.--The Secretary may reserve an easement over a conveyed property if-- - (1) the Secretary determines that the easement is necessary - for the management of any interests retained by the Federal - Government under this subtitle; - (2) the Reclamation project or a portion of the Reclamation - project remains under Federal ownership; and - (3) the Secretary enters into an agreement regarding the - easement with the applicable qualifying entity. + (1) the Secretary determines that the easement is necessary for + the management of any interests retained by the Federal Government + under this subtitle; + (2) the Reclamation project or a portion of the Reclamation + project remains under Federal ownership; and + (3) the Secretary enters into an agreement regarding the + easement with the applicable qualifying entity. (c) Interests in Water.--No interests in water shall be conveyed under this subtitle unless the conveyance is provided for in a separate, quantified agreement between the Secretary and the qualifying entity, subject to applicable State law and public process requirements. - SEC. 8004. ELIGIBILITY CRITERIA. - (a) Establishment.--The Secretary shall establish criteria for determining whether a facility is eligible for conveyance under this subtitle. (b) Minimum Requirements.-- - (1) Agreement of qualifying entity.--The criteria - established under subsection (a) shall include a requirement - that a qualifying entity shall agree-- - (A) to accept title to the eligible facility; - (B) to use the eligible facility for substantially - the same purposes for which the eligible facility is - being used at the time the Secretary evaluates the - potential transfer; and - (C) to provide, as consideration for the assets to - be conveyed, compensation to the reclamation fund - established by the first section of the Act of June 17, - 1902 (32 Stat. 388, chapter 1093), in an amount that is - the equivalent of the net present value of any - repayment obligation to the United States or other - income stream that the United States derives from the - eligible facility to be transferred, as of the date of - the transfer. - (2) Determinations of secretary.--The criteria established - under subsection (a) shall include a requirement that the - Secretary shall-- - (A) be able to enter into an agreement with the - qualifying entity with respect to the legal, - institutional, and financial arrangements relating to - the conveyance; - (B) determine that the proposed transfer-- - (i) would not have an unmitigated - significant effect on the environment; - (ii) is consistent with the - responsibilities of the Secretary-- - (I) in the role as trustee for - federally recognized Indian Tribes; and - (II) to ensure compliance with any - applicable international and Tribal - treaties and agreements and interstate - compacts and agreements; - (iii) is in the financial interest of the - United States; - (iv) protects the public aspects of the - eligible facility, including water rights - managed for public purposes, such as flood - control or fish and wildlife; - (v) complies with all applicable Federal - and State law; and - (vi) will not result in an adverse impact - on fulfillment of existing water delivery - obligations consistent with historical - operations and applicable contracts; and - (C) if the eligible facility proposed to be - transferred is a dam or diversion works (not including - canals or other project features that receive or convey - water from the diverting works) diverting water from a - water body containing a species listed as a threatened - species or an endangered species or critical habitat - under the Endangered Species Act of 1973 (16 U.S.C. - 1531 et seq.), determine that-- - (i) the eligible facility continues to - comply with the Endangered Species Act of 1973 - (16 U.S.C. 1531 et seq.) in a manner that - provides no less protection to the listed - species as existed under Federal ownership; and - (ii) the eligible facility is not part of - the Central Valley Project in the State of - California. - (3) Status of reclamation land.--The criteria established - under subsection (a) shall require that any land to be conveyed - out of Federal ownership under this subtitle is-- - (A) land acquired by the Secretary; or - (B) land withdrawn by the Secretary, only if-- - (i) the Secretary determines in writing - that the withdrawn land is encumbered by - facilities to the extent that the withdrawn - land is unsuitable for return to the public - domain; and - (ii) the qualifying entity agrees to pay - fair market value based on historical or - existing uses for the withdrawn land to be - conveyed. + (1) Agreement of qualifying entity.--The criteria established + under subsection (a) shall include a requirement that a qualifying + entity shall agree-- + (A) to accept title to the eligible facility; + (B) to use the eligible facility for substantially the same + purposes for which the eligible facility is being used at the + time the Secretary evaluates the potential transfer; and + (C) to provide, as consideration for the assets to be + conveyed, compensation to the reclamation fund established by + the first section of the Act of June 17, 1902 (32 Stat. 388, + chapter 1093), in an amount that is the equivalent of the net + present value of any repayment obligation to the United States + or other income stream that the United States derives from the + eligible facility to be transferred, as of the date of the + transfer. + (2) Determinations of secretary.--The criteria established + under subsection (a) shall include a requirement that the Secretary + shall-- + (A) be able to enter into an agreement with the qualifying + entity with respect to the legal, institutional, and financial + arrangements relating to the conveyance; + (B) determine that the proposed transfer-- + (i) would not have an unmitigated significant effect on + the environment; + (ii) is consistent with the responsibilities of the + Secretary-- + + (I) in the role as trustee for federally recognized + Indian Tribes; and + (II) to ensure compliance with any applicable + international and Tribal treaties and agreements and + interstate compacts and agreements; + + (iii) is in the financial interest of the United + States; + (iv) protects the public aspects of the eligible + facility, including water rights managed for public + purposes, such as flood control or fish and wildlife; + (v) complies with all applicable Federal and State law; + and + (vi) will not result in an adverse impact on + fulfillment of existing water delivery obligations + consistent with historical operations and applicable + contracts; and + (C) if the eligible facility proposed to be transferred is + a dam or diversion works (not including canals or other project + features that receive or convey water from the diverting works) + diverting water from a water body containing a species listed + as a threatened species or an endangered species or critical + habitat under the Endangered Species Act of 1973 (16 U.S.C. + 1531 et seq.), determine that-- + (i) the eligible facility continues to comply with the + Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in + a manner that provides no less protection to the listed + species as existed under Federal ownership; and + (ii) the eligible facility is not part of the Central + Valley Project in the State of California. + (3) Status of reclamation land.--The criteria established under + subsection (a) shall require that any land to be conveyed out of + Federal ownership under this subtitle is-- + (A) land acquired by the Secretary; or + (B) land withdrawn by the Secretary, only if-- + (i) the Secretary determines in writing that the + withdrawn land is encumbered by facilities to the extent + that the withdrawn land is unsuitable for return to the + public domain; and + (ii) the qualifying entity agrees to pay fair market + value based on historical or existing uses for the + withdrawn land to be conveyed. (c) Hold Harmless.--No conveyance under this subtitle shall adversely impact applicable Federal power rates, repayment obligations, or other project power uses. - SEC. 8005. LIABILITY. - (a) In General.--Effective on the date of conveyance of any eligible facility under this subtitle, the United States shall not be held liable by any court for damages of any kind arising out of any @@ -13657,44 +12290,38 @@ of the conveyance. United States beyond that currently provided in chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). - SEC. 8006. BENEFITS. - After a conveyance of an eligible facility under this subtitle-- - (1) the conveyed property shall no longer be considered to - be part of a Reclamation project; - (2) except as provided in paragraph (3), the qualifying - entity to which the conveyed property is conveyed shall not be - eligible to receive any benefits, including project use power, - with respect to the conveyed property, except for any benefit - that would be available to a similarly situated entity with - respect to property that is not a part of a Reclamation - project; and - (3) the qualifying entity to which the conveyed property is - conveyed may be eligible to receive project use power if-- - (A) the qualifying entity is receiving project use - power as of the date of enactment of this Act; - (B) the project use power will be used for the - delivery of Reclamation project water; and - (C) the Secretary and the qualifying entity enter - into an agreement under which the qualifying entity - agrees to continue to be responsible for a - proportionate share of operation and maintenance and - capital costs for the Federal facilities that generate - and deliver, if applicable, power used for delivery of - Reclamation project water after the date of conveyance, - in accordance with Reclamation project use power rates. - + (1) the conveyed property shall no longer be considered to be + part of a Reclamation project; + (2) except as provided in paragraph (3), the qualifying entity + to which the conveyed property is conveyed shall not be eligible to + receive any benefits, including project use power, with respect to + the conveyed property, except for any benefit that would be + available to a similarly situated entity with respect to property + that is not a part of a Reclamation project; and + (3) the qualifying entity to which the conveyed property is + conveyed may be eligible to receive project use power if-- + (A) the qualifying entity is receiving project use power as + of the date of enactment of this Act; + (B) the project use power will be used for the delivery of + Reclamation project water; and + (C) the Secretary and the qualifying entity enter into an + agreement under which the qualifying entity agrees to continue + to be responsible for a proportionate share of operation and + maintenance and capital costs for the Federal facilities that + generate and deliver, if applicable, power used for delivery of + Reclamation project water after the date of conveyance, in + accordance with Reclamation project use power rates. SEC. 8007. COMPLIANCE WITH OTHER LAWS. - (a) In General.--Before conveying an eligible facility under this subtitle, the Secretary shall comply with all applicable Federal environmental laws, including-- - (1) the National Environmental Policy Act of 1969 (42 - U.S.C. 4321 et seq.); - (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et - seq.); and - (3) subtitle III of title 54, United States Code. + (1) the National Environmental Policy Act of 1969 (42 U.S.C. + 4321 et seq.); + (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.); and + (3) subtitle III of title 54, United States Code. (b) Sense of Congress.--It is the sense of Congress that any Federal permitting and review processes required with respect to a conveyance of an eligible facility under this subtitle should be @@ -13703,390 +12330,342 @@ completed with the maximum efficiency and effectiveness. Subtitle B--Endangered Fish Recovery Programs SEC. 8101. EXTENSION OF AUTHORIZATION FOR ANNUAL BASE FUNDING OF FISH - RECOVERY PROGRAMS; REMOVAL OF CERTAIN REPORTING - REQUIREMENT. - +RECOVERY PROGRAMS; REMOVAL OF CERTAIN REPORTING REQUIREMENT. Section 3(d) of Public Law 106-392 (114 Stat. 1604; 126 Stat. 2444) is amended-- - (1) by striking paragraph (1) and inserting the following: - ``(1) Authorization of appropriations.-- - ``(A) In general.--There is authorized to be - appropriated to the Secretary to be used by the Bureau - of Reclamation to make the annual base funding - contributions to the Recovery Implementation Programs - $10,000,000 for each of fiscal years 2020 through 2023. - ``(B) Nonreimursable funds.--The funds contributed - to the Recovery Implementation Programs under - subparagraph (A) shall be considered a nonreimbursable - Federal expenditure.''; and - (2) in paragraph (2), by striking the fourth, fifth, sixth, - and seventh sentences. - + (1) by striking paragraph (1) and inserting the following: + ``(1) Authorization of appropriations.-- + ``(A) In general.--There is authorized to be appropriated + to the Secretary to be used by the Bureau of Reclamation to + make the annual base funding contributions to the Recovery + Implementation Programs $10,000,000 for each of fiscal years + 2020 through 2023. + ``(B) Nonreimursable funds.--The funds contributed to the + Recovery Implementation Programs under subparagraph (A) shall + be considered a nonreimbursable Federal expenditure.''; and + (2) in paragraph (2), by striking the fourth, fifth, sixth, and + seventh sentences. SEC. 8102. REPORT ON RECOVERY IMPLEMENTATION PROGRAMS. - Section 3 of Public Law 106-392 (114 Stat. 1603; 126 Stat. 2444) is amended by adding at the end the following: ``(j) Report.-- - ``(1) In general.--Not later than September 30, 2021, the - Secretary shall submit to the appropriate committees of - Congress a report that-- - ``(A) describes the accomplishments of the Recovery - Implementation Programs; - ``(B) identifies-- - ``(i) as of the date of the report, the - listing status under the Endangered Species Act - of 1973 (16 U.S.C. 1531 et seq.) of the - Colorado pikeminnow, humpback chub, razorback - sucker, and bonytail; and - ``(ii) as of September 30, 2023, the - projected listing status under that Act of each - of the species referred to in clause (i); - ``(C)(i) identifies-- - ``(I) the total expenditures and the - expenditures by categories of activities by the - Recovery Implementation Programs during the - period beginning on the date on which the - applicable Recovery Implementation Program was - established and ending on September 30, 2021; - and - ``(II) projected expenditures by the - Recovery Implementation Programs during the - period beginning on October 1, 2021, and ending - on September 30, 2023; and - ``(ii) for purposes of the expenditures identified - under clause (i), includes a description of-- - ``(I) any expenditures of appropriated - funds; - ``(II) any power revenues; - ``(III) any contributions by the States, - power customers, Tribes, water users, and - environmental organizations; and - ``(IV) any other sources of funds for the - Recovery Implementation Programs; and - ``(D) describes-- - ``(i) any activities to be carried out - under the Recovery Implementation Program after - September 30, 2023; and - ``(ii) the projected cost of the activities - described under clause (i). - ``(2) Consultation required.--The Secretary shall consult - with the participants in the Recovery Implementation Programs - in preparing the report under paragraph (1).''. + ``(1) In general.--Not later than September 30, 2021, the + Secretary shall submit to the appropriate committees of Congress a + report that-- + ``(A) describes the accomplishments of the Recovery + Implementation Programs; + ``(B) identifies-- + ``(i) as of the date of the report, the listing status + under the Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.) of the Colorado pikeminnow, humpback chub, razorback + sucker, and bonytail; and + ``(ii) as of September 30, 2023, the projected listing + status under that Act of each of the species referred to in + clause (i); + ``(C)(i) identifies-- + ``(I) the total expenditures and the expenditures by + categories of activities by the Recovery Implementation + Programs during the period beginning on the date on which + the applicable Recovery Implementation Program was + established and ending on September 30, 2021; and + ``(II) projected expenditures by the Recovery + Implementation Programs during the period beginning on + October 1, 2021, and ending on September 30, 2023; and + ``(ii) for purposes of the expenditures identified under + clause (i), includes a description of-- + ``(I) any expenditures of appropriated funds; + ``(II) any power revenues; + ``(III) any contributions by the States, power + customers, Tribes, water users, and environmental + organizations; and + ``(IV) any other sources of funds for the Recovery + Implementation Programs; and + ``(D) describes-- + ``(i) any activities to be carried out under the + Recovery Implementation Program after September 30, 2023; + and + ``(ii) the projected cost of the activities described + under clause (i). + ``(2) Consultation required.--The Secretary shall consult with + the participants in the Recovery Implementation Programs in + preparing the report under paragraph (1).''. Subtitle C--Yakima River Basin Water Enhancement Project SEC. 8201. AUTHORIZATION OF PHASE III. - (a) Definitions.--In this section: - (1) Integrated plan.--The term ``Integrated Plan'' means - the Yakima River Basin Integrated Water Resource Management - Plan, the Federal elements of which are known as ``phase III of - the Yakima River Basin Water Enhancement Project'', as - described in the Bureau of Reclamation document entitled - ``Record of Decision for the Yakima River Basin Integrated - Water Resource Management Plan Final Programmatic Environmental - Impact Statement'' and dated March 2, 2012. - (2) Irrigation entity.--The term ``irrigation entity'' - means a district, project, or State-recognized authority, board - of control, agency, or entity located in the Yakima River basin - that manages and delivers irrigation water to farms in the - Yakima River basin. - (3) Proratable irrigation entity.--The term ``proratable - irrigation entity'' means an irrigation entity that possesses, - or the members of which possess, proratable water (as defined - in section 1202 of Public Law 103-434 (108 Stat. 4551)). - (4) State.--The term ``State'' means the State of - Washington. - (5) Total water supply available.--The term ``total water - supply available'' has the meaning given the term in applicable - civil actions, as determined by the Secretary. - (6) Yakima river basin water enhancement project.--The term - ``Yakima River Basin Water Enhancement Project'' means the - Yakima River basin water enhancement project authorized by - Congress pursuant to title XII of Public Law 103-434 (108 Stat. - 4550; 114 Stat. 1425) and other Acts (including Public Law 96- - 162 (93 Stat. 1241), section 109 of Public Law 98-381 (16 - U.S.C. 839b note), and Public Law 105-62 (111 Stat. 1320)) to - promote water conservation, water supply, habitat, and stream - enhancement improvements in the Yakima River basin. + (1) Integrated plan.--The term ``Integrated Plan'' means the + Yakima River Basin Integrated Water Resource Management Plan, the + Federal elements of which are known as ``phase III of the Yakima + River Basin Water Enhancement Project'', as described in the Bureau + of Reclamation document entitled ``Record of Decision for the + Yakima River Basin Integrated Water Resource Management Plan Final + Programmatic Environmental Impact Statement'' and dated March 2, + 2012. + (2) Irrigation entity.--The term ``irrigation entity'' means a + district, project, or State-recognized authority, board of control, + agency, or entity located in the Yakima River basin that manages + and delivers irrigation water to farms in the Yakima River basin. + (3) Proratable irrigation entity.--The term ``proratable + irrigation entity'' means an irrigation entity that possesses, or + the members of which possess, proratable water (as defined in + section 1202 of Public Law 103-434 (108 Stat. 4551)). + (4) State.--The term ``State'' means the State of Washington. + (5) Total water supply available.--The term ``total water + supply available'' has the meaning given the term in applicable + civil actions, as determined by the Secretary. + (6) Yakima river basin water enhancement project.--The term + ``Yakima River Basin Water Enhancement Project'' means the Yakima + River basin water enhancement project authorized by Congress + pursuant to title XII of Public Law 103-434 (108 Stat. 4550; 114 + Stat. 1425) and other Acts (including Public Law 96-162 (93 Stat. + 1241), section 109 of Public Law 98-381 (16 U.S.C. 839b note), and + Public Law 105-62 (111 Stat. 1320)) to promote water conservation, + water supply, habitat, and stream enhancement improvements in the + Yakima River basin. (b) Integrated Plan.-- - (1) Initial development phase.-- - (A) In general.--As the initial development phase - of the Integrated Plan, the Secretary, in coordination - with the State and the Yakama Nation, shall identify - and implement projects under the Integrated Plan that - are prepared to be commenced during the 10-year period - beginning on the date of enactment of this Act. - (B) Requirement.--The initial development phase of - the Integrated Plan under subparagraph (A) shall be - carried out in accordance with-- - (i) this subsection, including any related - plans, reports, and correspondence referred to - in this subsection; and - (ii) title XII of Public Law 103-434 (108 - Stat. 4550; 114 Stat. 1425). - (2) Intermediate and final development phases.-- - (A) Plans.--The Secretary, in coordination with the - State and the Yakama Nation, shall develop plans for - the intermediate and final development phases of the - Integrated Plan to achieve the purposes of title XII of - Public Law 103-434 (108 Stat. 4550; 114 Stat. 1425), - including conducting applicable feasibility studies, - environmental reviews, and other relevant studies - required to develop those plans. - (B) Intermediate development phase.--The Secretary, - in coordination with the State and the Yakama Nation, - shall develop an intermediate development phase of the - Integrated Plan, to commence not earlier than the date - that is 10 years after the date of enactment of this - Act. - (C) Final development phase.--The Secretary, in - coordination with the State and the Yakama Nation, - shall develop a final development phase of the - Integrated Plan, to commence not earlier than the date - that is 20 years after the date of enactment of this - Act. - (3) Requirements.--The projects and activities identified - by the Secretary for implementation under the Integrated Plan - shall be carried out only-- - (A) subject to authorization and appropriation; - (B) contingent on the completion of applicable - feasibility studies, environmental reviews, and cost- - benefit analyses that include favorable recommendations - for further project development; - (C) on public review and a determination by the - Secretary that design, construction, and operation of a - proposed project or activity is in the best interest of - the public; and - (D) in accordance with applicable laws, including-- - (i) the National Environmental Policy Act - of 1969 (42 U.S.C. 4321 et seq.); and - (ii) the Endangered Species Act of 1973 (16 - U.S.C. 1531 et seq.). - (4) Effect of subsection.--Nothing in this subsection-- - (A) shall be considered to be a new or supplemental - benefit for purposes of the Reclamation Reform Act of - 1982 (43 U.S.C. 390aa et seq.); - (B) affects-- - (i) any contract in existence on the date - of enactment of this Act that was executed - pursuant to the reclamation laws; or - (ii) any contract or agreement between the - Bureau of Indian Affairs and the Bureau of - Reclamation; - (C) affects, waives, abrogates, diminishes, - defines, or interprets any treaty between the Yakama - Nation and the United States; or - (D) constrains the authority of the Secretary to - provide fish passage in the Yakima River basin, in - accordance with the Hoover Power Plant Act of 1984 (43 - U.S.C. 619 et seq.). - (5) Progress report.--Not later than 5 years after the date - of enactment of this Act, the Secretary, in conjunction with - the State and in consultation with the Yakama Nation, shall - submit to the Committee on Energy and Natural Resources of the - Senate and the Committee on Natural Resources of the House of - Representatives a progress report on the development and - implementation of the Integrated Plan. + (1) Initial development phase.-- + (A) In general.--As the initial development phase of the + Integrated Plan, the Secretary, in coordination with the State + and the Yakama Nation, shall identify and implement projects + under the Integrated Plan that are prepared to be commenced + during the 10-year period beginning on the date of enactment of + this Act. + (B) Requirement.--The initial development phase of the + Integrated Plan under subparagraph (A) shall be carried out in + accordance with-- + (i) this subsection, including any related plans, + reports, and correspondence referred to in this subsection; + and + (ii) title XII of Public Law 103-434 (108 Stat. 4550; + 114 Stat. 1425). + (2) Intermediate and final development phases.-- + (A) Plans.--The Secretary, in coordination with the State + and the Yakama Nation, shall develop plans for the intermediate + and final development phases of the Integrated Plan to achieve + the purposes of title XII of Public Law 103-434 (108 Stat. + 4550; 114 Stat. 1425), including conducting applicable + feasibility studies, environmental reviews, and other relevant + studies required to develop those plans. + (B) Intermediate development phase.--The Secretary, in + coordination with the State and the Yakama Nation, shall + develop an intermediate development phase of the Integrated + Plan, to commence not earlier than the date that is 10 years + after the date of enactment of this Act. + (C) Final development phase.--The Secretary, in + coordination with the State and the Yakama Nation, shall + develop a final development phase of the Integrated Plan, to + commence not earlier than the date that is 20 years after the + date of enactment of this Act. + (3) Requirements.--The projects and activities identified by + the Secretary for implementation under the Integrated Plan shall be + carried out only-- + (A) subject to authorization and appropriation; + (B) contingent on the completion of applicable feasibility + studies, environmental reviews, and cost-benefit analyses that + include favorable recommendations for further project + development; + (C) on public review and a determination by the Secretary + that design, construction, and operation of a proposed project + or activity is in the best interest of the public; and + (D) in accordance with applicable laws, including-- + (i) the National Environmental Policy Act of 1969 (42 + U.S.C. 4321 et seq.); and + (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 + et seq.). + (4) Effect of subsection.--Nothing in this subsection-- + (A) shall be considered to be a new or supplemental benefit + for purposes of the Reclamation Reform Act of 1982 (43 U.S.C. + 390aa et seq.); + (B) affects-- + (i) any contract in existence on the date of enactment + of this Act that was executed pursuant to the reclamation + laws; or + (ii) any contract or agreement between the Bureau of + Indian Affairs and the Bureau of Reclamation; + (C) affects, waives, abrogates, diminishes, defines, or + interprets any treaty between the Yakama Nation and the United + States; or + (D) constrains the authority of the Secretary to provide + fish passage in the Yakima River basin, in accordance with the + Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.). + (5) Progress report.--Not later than 5 years after the date of + enactment of this Act, the Secretary, in conjunction with the State + and in consultation with the Yakama Nation, shall submit to the + Committee on Energy and Natural Resources of the Senate and the + Committee on Natural Resources of the House of Representatives a + progress report on the development and implementation of the + Integrated Plan. (c) Financing, Construction, Operation, and Maintenance of Kachess Drought Relief Pumping Plant and Keechelus to Kachess Pipeline.-- - (1) Long-term agreements.-- - (A) In general.--A long-term agreement negotiated - pursuant to this section or the reclamation laws - between the Secretary and a participating proratable - irrigation entity in the Yakima River basin for the - non-Federal financing, construction, operation, or - maintenance of the Drought Relief Pumping Plant or the - Keechelus to Kachess Pipeline shall include provisions - regarding-- - (i) responsibilities of each participating - proratable irrigation entity for-- - (I) the planning, design, and - construction of infrastructure, in - consultation and coordination with the - Secretary; and - (II) the pumping and operational - costs necessary to provide the total - water supply available that is made - inaccessible due to drought pumping - during any preceding calendar year, if - the Kachess Reservoir fails to refill - as a result of pumping drought storage - water during such a calendar year; - (ii) property titles and responsibilities - of each participating proratable irrigation - entity for the maintenance of, and liability - for, all infrastructure constructed under title - XII of Public Law 103-434 (108 Stat. 4550; 114 - Stat. 1425); - (iii) operation and integration of the - projects by the Secretary in the operation of - the Yakima Project; and - (iv) costs associated with the design, - financing, construction, operation, - maintenance, and mitigation of projects, with - the costs of Federal oversight and review to be - nonreimbursable to the participating proratable - irrigation entities and the Yakima Project. - (B) Treatment.--A facility developed or operated by - a participating proratable irrigation entity under this - subsection shall not be considered to be a supplemental - work for purposes of section 9(a) of the Reclamation - Project Act of 1939 (43 U.S.C. 485h(a)). - (2) Kachess reservoir.-- - (A) In general.--Any additional stored water made - available by the construction of a facility to access - and deliver inactive and natural storage in Kachess - Lake and Reservoir under this subsection-- - (i) shall be considered to be Yakima - Project water; - (ii) shall be used exclusively by the - Secretary to enhance the water supply during - years for which the total water supply - available is not sufficient to provide a - percentage of proratable entitlements in order - to make that additional water available, in a - quantity representing not more than 70 percent - of proratable entitlements to the Kittitas - Reclamation District, the Roza Irrigation - District, or any other proratable irrigation - entity participating in the construction, - operation, or maintenance costs of a facility - under this section, in accordance with such - terms and conditions as the districts may - agree, subject to the conditions that-- - (I) the Bureau of Indian Affairs, - the Wapato Irrigation Project, and the - Yakama Nation, on an election to - participate, may also obtain water from - Kachess Reservoir inactive storage to - enhance applicable existing irrigation - water supply in accordance with such - terms and conditions as the Bureau of - Indian Affairs and the Yakama Nation - may agree; and - (II) the additional supply made - available under this clause shall be - available to participating individuals - and entities based on-- - (aa) the proportion that-- - - (AA) the proratable - entitlement of each - participating - individual or entity; - bears to - - (BB) the proratable - entitlements of all - participating - individuals and - entities; or - - (bb) such other proportion - as the participating entities - may agree; and - (iii) shall not be any portion of the total - water supply available. - (B) Effect of paragraph.--Nothing in this paragraph - affects, as in existence on the date of enactment of - this Act, any-- - (i) contract; - (ii) law (including regulations) relating - to repayment costs; - (iii) water rights; or - (iv) treaty right of the Yakama Nation. - (3) Project power for kachess pumping plant.-- - (A) In general.--Subject to subparagraphs (B) - through (D), the Administrator of the Bonneville Power - Administration, pursuant to the Pacific Northwest - Electric Power Planning and Conservation Act (16 U.S.C. - 839 et seq.), shall provide to the Secretary project - power to operate the Kachess Pumping Plant constructed - under this section if inactive storage in the Kachess - Reservoir is needed to provide drought relief for - irrigation. - (B) Determinations by secretary.--The project power - described in subparagraph (A) may be provided only if - the Secretary determines that-- - (i) there are in effect-- - (I) a drought declaration issued by - the State; and - (II) conditions that have led to 70 - percent or lower water delivery to - proratable irrigation districts; and - (ii) it is appropriate to provide the power - under that subparagraph. - (C) Period of availability.--The power described in - subparagraph (A) shall be provided during the period-- - (i) beginning on the date on which the - Secretary makes the determinations described in - subparagraph (B); and - (ii) ending on the earlier of-- - (I) the date that is 1 year after - that date; and - (II) the date on which the - Secretary determines that-- - (aa) drought mitigation - measures are still necessary in - the Yakima River basin; or - (bb) the power should no - longer be provided for any - other reason. - (D) Rate.-- - (i) In general.--The Administrator of the - Bonneville Power Administration shall provide - project power under subparagraph (A) at the - then-applicable lowest Bonneville Power - Administration rate for public body, - cooperative, and Federal agency customer firm - obligations on the date on which the authority - is provided. - (ii) No discounts.--The rate under clause - (i) shall not include any irrigation discount. - (E) Local provider.--During any period for which - project power is not provided under subparagraph (A), - the Secretary shall obtain power to operate the Kachess - Pumping Plant from a local provider. - (F) Other costs.--The cost of power for pumping and - station service, and the costs of transmitting power - from the Federal Columbia River power system to the - pumping facilities of the Yakima River Basin Water - Enhancement Project, shall be borne by the irrigation - districts receiving the benefits of the applicable - water. - (G) Duties of commissioner.--For purposes of this - paragraph, the Commissioner of Reclamation shall - arrange transmission for any delivery of-- - (i) Federal power over the Bonneville - system through applicable tariff and business - practice processes of that system; or - (ii) power obtained from any local - provider. + (1) Long-term agreements.-- + (A) In general.--A long-term agreement negotiated pursuant + to this section or the reclamation laws between the Secretary + and a participating proratable irrigation entity in the Yakima + River basin for the non-Federal financing, construction, + operation, or maintenance of the Drought Relief Pumping Plant + or the Keechelus to Kachess Pipeline shall include provisions + regarding-- + (i) responsibilities of each participating proratable + irrigation entity for-- + + (I) the planning, design, and construction of + infrastructure, in consultation and coordination with + the Secretary; and + (II) the pumping and operational costs necessary to + provide the total water supply available that is made + inaccessible due to drought pumping during any + preceding calendar year, if the Kachess Reservoir fails + to refill as a result of pumping drought storage water + during such a calendar year; + + (ii) property titles and responsibilities of each + participating proratable irrigation entity for the + maintenance of, and liability for, all infrastructure + constructed under title XII of Public Law 103-434 (108 + Stat. 4550; 114 Stat. 1425); + (iii) operation and integration of the projects by the + Secretary in the operation of the Yakima Project; and + (iv) costs associated with the design, financing, + construction, operation, maintenance, and mitigation of + projects, with the costs of Federal oversight and review to + be nonreimbursable to the participating proratable + irrigation entities and the Yakima Project. + (B) Treatment.--A facility developed or operated by a + participating proratable irrigation entity under this + subsection shall not be considered to be a supplemental work + for purposes of section 9(a) of the Reclamation Project Act of + 1939 (43 U.S.C. 485h(a)). + (2) Kachess reservoir.-- + (A) In general.--Any additional stored water made available + by the construction of a facility to access and deliver + inactive and natural storage in Kachess Lake and Reservoir + under this subsection-- + (i) shall be considered to be Yakima Project water; + (ii) shall be used exclusively by the Secretary to + enhance the water supply during years for which the total + water supply available is not sufficient to provide a + percentage of proratable entitlements in order to make that + additional water available, in a quantity representing not + more than 70 percent of proratable entitlements to the + Kittitas Reclamation District, the Roza Irrigation + District, or any other proratable irrigation entity + participating in the construction, operation, or + maintenance costs of a facility under this section, in + accordance with such terms and conditions as the districts + may agree, subject to the conditions that-- + + (I) the Bureau of Indian Affairs, the Wapato + Irrigation Project, and the Yakama Nation, on an + election to participate, may also obtain water from + Kachess Reservoir inactive storage to enhance + applicable existing irrigation water supply in + accordance with such terms and conditions as the Bureau + of Indian Affairs and the Yakama Nation may agree; and + (II) the additional supply made available under + this clause shall be available to participating + individuals and entities based on-- + + (aa) the proportion that-- + (AA) the proratable entitlement of each + participating individual or entity; bears to + (BB) the proratable entitlements of all + participating individuals and entities; or + (bb) such other proportion as the participating + entities may agree; and + (iii) shall not be any portion of the total water + supply available. + (B) Effect of paragraph.--Nothing in this paragraph + affects, as in existence on the date of enactment of this Act, + any-- + (i) contract; + (ii) law (including regulations) relating to repayment + costs; + (iii) water rights; or + (iv) treaty right of the Yakama Nation. + (3) Project power for kachess pumping plant.-- + (A) In general.--Subject to subparagraphs (B) through (D), + the Administrator of the Bonneville Power Administration, + pursuant to the Pacific Northwest Electric Power Planning and + Conservation Act (16 U.S.C. 839 et seq.), shall provide to the + Secretary project power to operate the Kachess Pumping Plant + constructed under this section if inactive storage in the + Kachess Reservoir is needed to provide drought relief for + irrigation. + (B) Determinations by secretary.--The project power + described in subparagraph (A) may be provided only if the + Secretary determines that-- + (i) there are in effect-- + + (I) a drought declaration issued by the State; and + (II) conditions that have led to 70 percent or + lower water delivery to proratable irrigation + districts; and + + (ii) it is appropriate to provide the power under that + subparagraph. + (C) Period of availability.--The power described in + subparagraph (A) shall be provided during the period-- + (i) beginning on the date on which the Secretary makes + the determinations described in subparagraph (B); and + (ii) ending on the earlier of-- + + (I) the date that is 1 year after that date; and + (II) the date on which the Secretary determines + that-- + + (aa) drought mitigation measures are still + necessary in the Yakima River basin; or + (bb) the power should no longer be provided for + any other reason. + (D) Rate.-- + (i) In general.--The Administrator of the Bonneville + Power Administration shall provide project power under + subparagraph (A) at the then-applicable lowest Bonneville + Power Administration rate for public body, cooperative, and + Federal agency customer firm obligations on the date on + which the authority is provided. + (ii) No discounts.--The rate under clause (i) shall not + include any irrigation discount. + (E) Local provider.--During any period for which project + power is not provided under subparagraph (A), the Secretary + shall obtain power to operate the Kachess Pumping Plant from a + local provider. + (F) Other costs.--The cost of power for pumping and station + service, and the costs of transmitting power from the Federal + Columbia River power system to the pumping facilities of the + Yakima River Basin Water Enhancement Project, shall be borne by + the irrigation districts receiving the benefits of the + applicable water. + (G) Duties of commissioner.--For purposes of this + paragraph, the Commissioner of Reclamation shall arrange + transmission for any delivery of-- + (i) Federal power over the Bonneville system through + applicable tariff and business practice processes of that + system; or + (ii) power obtained from any local provider. (d) Design and Use of Groundwater Recharge Projects.--The Secretary, in coordination with the State and the Yakama Nation, may provide technical assistance for, participate in, and enter into agreements, including with irrigation entities for the use of excess conveyance capacity in Yakima River Basin Water Enhancement Project facilities, for-- - (1) groundwater recharge projects; and - (2) aquifer storage and recovery projects. + (1) groundwater recharge projects; and + (2) aquifer storage and recovery projects. (e) Operational Control of Water Supplies.-- - (1) In general.--The Secretary shall retain authority and - discretion over the management of Yakima River Basin Water - Enhancement Project supplies-- - (A) to optimize operational use and flexibility; - and - (B) to ensure compliance with all applicable - Federal and State laws, treaty rights of the Yakama - Nation, and legal obligations, including those under - title XII of Public Law 103-434 (108 Stat. 4550; 114 - Stat. 1425). - (2) Inclusion.--The authority and discretion described in - paragraph (1) shall include the ability of the United States to - store, deliver, conserve, and reuse water supplies deriving - from projects authorized under title XII of Public Law 103-434 - (108 Stat. 4550; 114 Stat. 1425). + (1) In general.--The Secretary shall retain authority and + discretion over the management of Yakima River Basin Water + Enhancement Project supplies-- + (A) to optimize operational use and flexibility; and + (B) to ensure compliance with all applicable Federal and + State laws, treaty rights of the Yakama Nation, and legal + obligations, including those under title XII of Public Law 103- + 434 (108 Stat. 4550; 114 Stat. 1425). + (2) Inclusion.--The authority and discretion described in + paragraph (1) shall include the ability of the United States to + store, deliver, conserve, and reuse water supplies deriving from + projects authorized under title XII of Public Law 103-434 (108 + Stat. 4550; 114 Stat. 1425). (f) Cooperative Agreements and Grants.--The Secretary may enter into cooperative agreements and make grants to carry out this section, including for the purposes of land and water transfers, leases, and @@ -14104,386 +12683,348 @@ that are intended to partially implement the Integrated Plan by providing conserved water to improve tributary and mainstem stream flow. (h) Indian Irrigation Projects.-- - (1) In general.--The Secretary, acting through the - Commissioner of Reclamation, may contribute funds for the - preparation of plans and investigation measures, and, after the - date on which the Secretary certifies that the measures are - consistent with the water conservation objectives of this - section, to any Indian irrigation project-- - (A) that is located in the Pacific Northwest - Region; - (B) that is identified in the report of the - Government Accountability Office numbered GAO-15-453T; - (C) that has been identified as part of a Bureau of - Reclamation basin study pursuant to subtitle F of title - IX of Public Law 111-11 (42 U.S.C. 10361 et seq.) to - increase water supply for the Pacific Northwest Region; - and - (D) an improvement to which would contribute to the - flow of interstate water. - (2) Authorization of appropriations.--There is authorized - to be appropriated to carry out this subsection $75,000,000. - + (1) In general.--The Secretary, acting through the Commissioner + of Reclamation, may contribute funds for the preparation of plans + and investigation measures, and, after the date on which the + Secretary certifies that the measures are consistent with the water + conservation objectives of this section, to any Indian irrigation + project-- + (A) that is located in the Pacific Northwest Region; + (B) that is identified in the report of the Government + Accountability Office numbered GAO-15-453T; + (C) that has been identified as part of a Bureau of + Reclamation basin study pursuant to subtitle F of title IX of + Public Law 111-11 (42 U.S.C. 10361 et seq.) to increase water + supply for the Pacific Northwest Region; and + (D) an improvement to which would contribute to the flow of + interstate water. + (2) Authorization of appropriations.--There is authorized to be + appropriated to carry out this subsection $75,000,000. SEC. 8202. MODIFICATION OF PURPOSES AND DEFINITIONS. - (a) Purposes.--Section 1201 of Public Law 103-434 (108 Stat. 4550) is amended-- - (1) by striking paragraph (1) and inserting the following: - ``(1) to protect, mitigate, and enhance fish and wildlife - and the recovery and maintenance of self-sustaining harvestable - populations of fish and other aquatic life, both anadromous and - resident species, throughout their historic distribution range - in the Yakima Basin through-- - ``(A) improved water management and the - constructions of fish passage at storage and diversion - dams, as authorized under the Hoover Power Plant Act of - 1984 (43 U.S.C. 619 et seq.); - ``(B) improved instream flows and water supplies; - ``(C) improved water quality, watershed, and - ecosystem function; - ``(D) protection, creation, and enhancement of - wetlands; and - ``(E) other appropriate means of habitat - improvement;''; - (2) in paragraph (2), by inserting ``, municipal, - industrial, and domestic water supply and use purposes, - especially during drought years, including reducing the - frequency and severity of water supply shortages for pro- - ratable irrigation entities'' before the semicolon at the end; - (3) by striking paragraph (4); - (4) by redesignating paragraph (3) as paragraph (4); - (5) by inserting after paragraph (2) the following: - ``(3) to authorize the Secretary to make water available - for purchase or lease for meeting municipal, industrial, and - domestic water supply purposes;''; - (6) by redesignating paragraphs (5) and (6) as paragraphs - (6) and (8), respectively; - (7) by inserting after paragraph (4) (as redesignated by - paragraph (4)) the following: - ``(5) to realize sufficient water savings from implementing - the Yakima River Basin Integrated Water Resource Management - Plan, so that not less than 85,000 acre feet of water savings - are achieved by implementing the initial development phase of - the Integrated Plan pursuant to section 8201(b)(1) of the - Natural Resources Management Act, in addition to the 165,000 - acre-feet of water savings targeted through the Basin - Conservation Program, as authorized on October 31, 1994;''; - (8) in paragraph (6) (as redesignated by paragraph (6))-- - (A) by inserting ``an increase in'' before - ``voluntary''; and - (B) by striking ``and'' at the end; - (9) by inserting after paragraph (6) (as so redesignated) - the following: - ``(7) to encourage an increase in the use of, and reduce - the barriers to, water transfers, leasing, markets, and other - voluntary transactions among public and private entities to - enhance water management in the Yakima River basin;''; - (10) in paragraph (8) (as so redesignated), by striking the - period at the end and inserting ``; and''; and - (11) by adding at the end the following: - ``(9) to improve the resilience of the ecosystems, - economies, and communities in the Yakima River basin facing - drought, hydrologic changes, and other related changes and - variability in natural and human systems, for the benefit of - the people, fish, and wildlife of the region.''. + (1) by striking paragraph (1) and inserting the following: + ``(1) to protect, mitigate, and enhance fish and wildlife and + the recovery and maintenance of self-sustaining harvestable + populations of fish and other aquatic life, both anadromous and + resident species, throughout their historic distribution range in + the Yakima Basin through-- + ``(A) improved water management and the constructions of + fish passage at storage and diversion dams, as authorized under + the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.); + ``(B) improved instream flows and water supplies; + ``(C) improved water quality, watershed, and ecosystem + function; + ``(D) protection, creation, and enhancement of wetlands; + and + ``(E) other appropriate means of habitat improvement;''; + (2) in paragraph (2), by inserting ``, municipal, industrial, + and domestic water supply and use purposes, especially during + drought years, including reducing the frequency and severity of + water supply shortages for pro-ratable irrigation entities'' before + the semicolon at the end; + (3) by striking paragraph (4); + (4) by redesignating paragraph (3) as paragraph (4); + (5) by inserting after paragraph (2) the following: + ``(3) to authorize the Secretary to make water available for + purchase or lease for meeting municipal, industrial, and domestic + water supply purposes;''; + (6) by redesignating paragraphs (5) and (6) as paragraphs (6) + and (8), respectively; + (7) by inserting after paragraph (4) (as redesignated by + paragraph (4)) the following: + ``(5) to realize sufficient water savings from implementing the + Yakima River Basin Integrated Water Resource Management Plan, so + that not less than 85,000 acre feet of water savings are achieved + by implementing the initial development phase of the Integrated + Plan pursuant to section 8201(b)(1) of the John D. Dingell, Jr. + Conservation, Management, and Recreation Act, in addition to the + 165,000 acre-feet of water savings targeted through the Basin + Conservation Program, as authorized on October 31, 1994;''; + (8) in paragraph (6) (as redesignated by paragraph (6))-- + (A) by inserting ``an increase in'' before ``voluntary''; + and + (B) by striking ``and'' at the end; + (9) by inserting after paragraph (6) (as so redesignated) the + following: + ``(7) to encourage an increase in the use of, and reduce the + barriers to, water transfers, leasing, markets, and other voluntary + transactions among public and private entities to enhance water + management in the Yakima River basin;''; + (10) in paragraph (8) (as so redesignated), by striking the + period at the end and inserting ``; and''; and + (11) by adding at the end the following: + ``(9) to improve the resilience of the ecosystems, economies, + and communities in the Yakima River basin facing drought, + hydrologic changes, and other related changes and variability in + natural and human systems, for the benefit of the people, fish, and + wildlife of the region.''. (b) Definitions.--Section 1202 of Public Law 103-434 (108 Stat. 4550) is amended-- - (1) by redesignating paragraphs (6), (7), (8), (9), (10), - (11), (12), (13), and (14) as paragraphs (8), (10), (11), (12), - (13), (14), (15), (17), and (18), respectively; - (2) by inserting after paragraph (5) the following: - ``(6) Designated federal official.--The term `designated - Federal official' means the Commissioner of Reclamation (or a - designee), acting pursuant to the charter of the Conservation - Advisory Group. - ``(7) Integrated plan.--The term `Integrated Plan' has the - meaning given the term in section 8201(a) of the Natural - Resources Management Act, to be carried out in cooperation - with, and in addition to, activities of the State of Washington - and the Yakama Nation.''; - (3) by inserting after paragraph (8) (as redesignated by - paragraph (1)) the following: - ``(9) Municipal, industrial, and domestic water supply and - use.--The term `municipal, industrial, and domestic water - supply and use' means the supply and use of water for-- - ``(A) domestic consumption (whether urban or - rural); - ``(B) maintenance and protection of public health - and safety; - ``(C) manufacture, fabrication, processing, - assembly, or other production of a good or commodity; - ``(D) production of energy; - ``(E) fish hatcheries; or - ``(F) water conservation activities relating to a - use described in subparagraphs (A) through (E).''; and - (4) by inserting after paragraph (15) (as so redesignated) - the following: - ``(16) Yakima enhancement project; yakima river basin water - enhancement project.--The terms `Yakima Enhancement Project' - and `Yakima River Basin Water Enhancement Project' mean the - Yakima River basin water enhancement project authorized by - Congress pursuant to this Act and other Acts (including Public - Law 96-162 (93 Stat. 1241), section 109 of Public Law 98-381 - (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-62 (111 - Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) to - promote water conservation, water supply, habitat, and stream - enhancement improvements in the Yakima River basin.''. - + (1) by redesignating paragraphs (6), (7), (8), (9), (10), (11), + (12), (13), and (14) as paragraphs (8), (10), (11), (12), (13), + (14), (15), (17), and (18), respectively; + (2) by inserting after paragraph (5) the following: + ``(6) Designated federal official.--The term `designated + Federal official' means the Commissioner of Reclamation (or a + designee), acting pursuant to the charter of the Conservation + Advisory Group. + ``(7) Integrated plan.--The term `Integrated Plan' has the + meaning given the term in section 8201(a) of the John D. Dingell, + Jr. Conservation, Management, and Recreation Act, to be carried out + in cooperation with, and in addition to, activities of the State of + Washington and the Yakama Nation.''; + (3) by inserting after paragraph (8) (as redesignated by + paragraph (1)) the following: + ``(9) Municipal, industrial, and domestic water supply and + use.--The term `municipal, industrial, and domestic water supply + and use' means the supply and use of water for-- + ``(A) domestic consumption (whether urban or rural); + ``(B) maintenance and protection of public health and + safety; + ``(C) manufacture, fabrication, processing, assembly, or + other production of a good or commodity; + ``(D) production of energy; + ``(E) fish hatcheries; or + ``(F) water conservation activities relating to a use + described in subparagraphs (A) through (E).''; and + (4) by inserting after paragraph (15) (as so redesignated) the + following: + ``(16) Yakima enhancement project; yakima river basin water + enhancement project.--The terms `Yakima Enhancement Project' and + `Yakima River Basin Water Enhancement Project' mean the Yakima + River basin water enhancement project authorized by Congress + pursuant to this Act and other Acts (including Public Law 96-162 + (93 Stat. 1241), section 109 of Public Law 98-381 (16 U.S.C. 839b + note; 98 Stat. 1340), Public Law 105-62 (111 Stat. 1320), and + Public Law 106-372 (114 Stat. 1425)) to promote water conservation, + water supply, habitat, and stream enhancement improvements in the + Yakima River basin.''. SEC. 8203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM. - Section 1203 of Public Law 103-434 (108 Stat. 4551) is amended-- - (1) in subsection (a)-- - (A) in paragraph (1)-- - (i) in the second sentence, by striking - ``title'' and inserting ``section''; and - (ii) in the third sentence, by striking - ``within 5 years of the date of enactment of - this Act''; and - (B) in paragraph (2), by striking ``irrigation'' - and inserting ``the number of irrigated acres''; - (2) in subsection (c)-- - (A) in paragraph (2)-- - (i) in each of subparagraphs (A) through - (D), by striking the comma at the end of the - subparagraph and inserting a semicolon; - (ii) in subparagraph (E), by striking the - comma at the end and inserting ``; and''; - (iii) in subparagraph (F), by striking - ``Department of Wildlife of the State of - Washington, and'' and inserting ``Department of - Fish and Wildlife of the State of - Washington.''; and - (iv) by striking subparagraph (G); - (B) in paragraph (3)-- - (i) in each of subparagraphs (A) through - (C), by striking the comma at the end of the - subparagraph and inserting a semicolon; - (ii) in subparagraph (D), by striking ``, - and'' at the end and inserting a semicolon; - (iii) in subparagraph (E), by striking the - period at the end and inserting ``; and''; and - (iv) by adding at the end the following: - ``(F) provide recommendations to advance the - purposes and programs of the Yakima Enhancement - Project, including the Integrated Plan.''; and - (C) by striking paragraph (4) and inserting the - following: - ``(4) Authority of designated federal official.--The - designated Federal official may-- - ``(A) arrange and provide logistical support for - meetings of the Conservation Advisory Group; - ``(B) use a facilitator to serve as a moderator for - meetings of the Conservation Advisory Group or provide - additional logistical support; and - ``(C) grant any request for a facilitator by any - member of the Conservation Advisory Group.''; - (3) in subsection (d), by adding at the end the following: - ``(4) Payment of local share by state or federal - government.-- - ``(A) In general.--The State or the Federal - Government may fund not more than the 17.5-percent - local share of the costs of the Basin Conservation - Program in exchange for the long-term use of conserved - water, subject to the requirement that the funding by - the Federal Government of the local share of the costs - shall provide a quantifiable public benefit in meeting - Federal responsibilities in the Yakima River basin and - the purposes of this title. - ``(B) Use of conserved water.--The Yakima Project - Manager may use water resulting from conservation - measures taken under this title, in addition to water - that the Bureau of Reclamation may acquire from any - willing seller through purchase, donation, or lease, - for water management uses pursuant to this title.''; - (4) in subsection (e), by striking the first sentence and - inserting the following: ``To participate in the Basin - Conservation Program, as described in subsection (b), an entity - shall submit to the Secretary a proposed water conservation - plan.''; - (5) in subsection (i)(3)-- - (A) by striking ``purchase or lease'' each place it - appears and inserting ``purchase, lease, or - management''; and - (B) in the third sentence, by striking ``made - immediately upon availability'' and all that follows - through ``Committee'' and inserting ``continued as - needed to provide water to be used by the Yakima - Project Manager as recommended by the System Operations - Advisory Committee and the Conservation Advisory - Group''; and - (6) in subsection (j)(4), in the first sentence, by - striking ``initial acquisition'' and all that follows through - ``flushing flows'' and inserting ``acquisition of water from - willing sellers or lessors specifically to provide improved - instream flows for anadromous and resident fish and other - aquatic life, including pulse flows to facilitate outward - migration of anadromous fish''. - + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) in the second sentence, by striking ``title'' and + inserting ``section''; and + (ii) in the third sentence, by striking ``within 5 + years of the date of enactment of this Act''; and + (B) in paragraph (2), by striking ``irrigation'' and + inserting ``the number of irrigated acres''; + (2) in subsection (c)-- + (A) in paragraph (2)-- + (i) in each of subparagraphs (A) through (D), by + striking the comma at the end of the subparagraph and + inserting a semicolon; + (ii) in subparagraph (E), by striking the comma at the + end and inserting ``; and''; + (iii) in subparagraph (F), by striking ``Department of + Wildlife of the State of Washington, and'' and inserting + ``Department of Fish and Wildlife of the State of + Washington.''; and + (iv) by striking subparagraph (G); + (B) in paragraph (3)-- + (i) in each of subparagraphs (A) through (C), by + striking the comma at the end of the subparagraph and + inserting a semicolon; + (ii) in subparagraph (D), by striking ``, and'' at the + end and inserting a semicolon; + (iii) in subparagraph (E), by striking the period at + the end and inserting ``; and''; and + (iv) by adding at the end the following: + ``(F) provide recommendations to advance the purposes and + programs of the Yakima Enhancement Project, including the + Integrated Plan.''; and + (C) by striking paragraph (4) and inserting the following: + ``(4) Authority of designated federal official.--The designated + Federal official may-- + ``(A) arrange and provide logistical support for meetings + of the Conservation Advisory Group; + ``(B) use a facilitator to serve as a moderator for + meetings of the Conservation Advisory Group or provide + additional logistical support; and + ``(C) grant any request for a facilitator by any member of + the Conservation Advisory Group.''; + (3) in subsection (d), by adding at the end the following: + ``(4) Payment of local share by state or federal government.-- + ``(A) In general.--The State or the Federal Government may + fund not more than the 17.5-percent local share of the costs of + the Basin Conservation Program in exchange for the long-term + use of conserved water, subject to the requirement that the + funding by the Federal Government of the local share of the + costs shall provide a quantifiable public benefit in meeting + Federal responsibilities in the Yakima River basin and the + purposes of this title. + ``(B) Use of conserved water.--The Yakima Project Manager + may use water resulting from conservation measures taken under + this title, in addition to water that the Bureau of Reclamation + may acquire from any willing seller through purchase, donation, + or lease, for water management uses pursuant to this title.''; + (4) in subsection (e), by striking the first sentence and + inserting the following: ``To participate in the Basin Conservation + Program, as described in subsection (b), an entity shall submit to + the Secretary a proposed water conservation plan.''; + (5) in subsection (i)(3)-- + (A) by striking ``purchase or lease'' each place it appears + and inserting ``purchase, lease, or management''; and + (B) in the third sentence, by striking ``made immediately + upon availability'' and all that follows through ``Committee'' + and inserting ``continued as needed to provide water to be used + by the Yakima Project Manager as recommended by the System + Operations Advisory Committee and the Conservation Advisory + Group''; and + (6) in subsection (j)(4), in the first sentence, by striking + ``initial acquisition'' and all that follows through ``flushing + flows'' and inserting ``acquisition of water from willing sellers + or lessors specifically to provide improved instream flows for + anadromous and resident fish and other aquatic life, including + pulse flows to facilitate outward migration of anadromous fish''. SEC. 8204. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS. - (a) Redesignation of Yakama Nation.--Section 1204(g) of Public Law 103-434 (108 Stat. 4557) is amended-- - (1) by striking the subsection designation and heading and - all that follows through paragraph (1) and inserting the - following: + (1) by striking the subsection designation and heading and all + that follows through paragraph (1) and inserting the following: ``(g) Redesignation of Yakama Indian Nation to Yakama Nation.-- - ``(1) Redesignation.--The Confederated Tribes and Bands of - the Yakama Indian Nation shall be known and designated as the - `Confederated Tribes and Bands of the Yakama Nation'.''; and - (2) in paragraph (2), by striking ``deemed to be a - reference to the `Confederated Tribes and Bands of the Yakama - Indian Nation'.'' and inserting ``deemed to be a reference to - the `Confederated Tribes and Bands of the Yakama Nation'.''. + ``(1) Redesignation.--The Confederated Tribes and Bands of the + Yakama Indian Nation shall be known and designated as the + `Confederated Tribes and Bands of the Yakama Nation'.''; and + (2) in paragraph (2), by striking ``deemed to be a reference to + the `Confederated Tribes and Bands of the Yakama Indian Nation'.'' + and inserting ``deemed to be a reference to the `Confederated + Tribes and Bands of the Yakama Nation'.''. (b) Operation of Yakima Basin Projects.--Section 1205 of Public Law 103-434 (108 Stat. 4557) is amended-- - (1) in subsection (a)(4)-- - (A) in subparagraph (A)-- - (i) in clause (i)-- - (I) by inserting ``additional'' - after ``secure''; - (II) by striking ``flushing'' and - inserting ``pulse''; and - (III) by striking ``uses'' and - inserting ``uses, in addition to the - quantity of water provided under the - treaty between the Yakama Nation and - the United States''; - (ii) by striking clause (ii); - (iii) by redesignating clause (iii) as - clause (ii); and - (iv) in clause (ii) (as so redesignated) by - inserting ``and water rights mandated'' after - ``goals''; and - (B) in subparagraph (B)(i), in the first sentence, - by inserting ``in proportion to the funding received'' - after ``Program''; - (2) in subsection (b), in the second sentence, by striking - ``instream flows for use by the Yakima Project Manager as - flushing flows or as otherwise'' and inserting ``fishery - purposes, as''; and - (3) in subsection (e), by striking paragraph (1) and - inserting the following: - ``(1) In general.--Additional purposes of the Yakima - Project shall be any of the following: - ``(A) To recover and maintain self-sustaining - harvestable populations of native fish, both anadromous - and resident species, throughout their historic - distribution range in the Yakima River basin. - ``(B) To protect, mitigate, and enhance aquatic - life and wildlife. - ``(C) Recreation. - ``(D) Municipal, industrial, and domestic use.''. + (1) in subsection (a)(4)-- + (A) in subparagraph (A)-- + (i) in clause (i)-- + + (I) by inserting ``additional'' after ``secure''; + (II) by striking ``flushing'' and inserting + ``pulse''; and + (III) by striking ``uses'' and inserting ``uses, in + addition to the quantity of water provided under the + treaty between the Yakama Nation and the United + States''; + + (ii) by striking clause (ii); + (iii) by redesignating clause (iii) as clause (ii); and + (iv) in clause (ii) (as so redesignated) by inserting + ``and water rights mandated'' after ``goals''; and + (B) in subparagraph (B)(i), in the first sentence, by + inserting ``in proportion to the funding received'' after + ``Program''; + (2) in subsection (b), in the second sentence, by striking + ``instream flows for use by the Yakima Project Manager as flushing + flows or as otherwise'' and inserting ``fishery purposes, as''; and + (3) in subsection (e), by striking paragraph (1) and inserting + the following: + ``(1) In general.--Additional purposes of the Yakima Project + shall be any of the following: + ``(A) To recover and maintain self-sustaining harvestable + populations of native fish, both anadromous and resident + species, throughout their historic distribution range in the + Yakima River basin. + ``(B) To protect, mitigate, and enhance aquatic life and + wildlife. + ``(C) Recreation. + ``(D) Municipal, industrial, and domestic use.''. (c) Enhancement of Water Supplies for Yakima Basin Tributaries.-- Section 1207 of Public Law 103-434 (108 Stat. 4560) is amended-- - (1) in the section heading, by striking ``supplies'' and - inserting ``management''; - (2) in subsection (a)-- - (A) in the matter preceding paragraph (1), by - striking ``supplies'' and inserting ``management''; - (B) in paragraph (1), by inserting ``and water - supply entities'' after ``owners''; and - (C) in paragraph (2)-- - (i) in subparagraph (A), by inserting - ``that choose not to participate in, or opt out - of, tributary enhancement projects pursuant to - this section'' after ``water right owners''; - and - (ii) in subparagraph (B), by inserting - ``nonparticipating'' before ``tributary water - users''; - (3) in subsection (b)-- - (A) in paragraph (1)-- - (i) by striking the paragraph designation - and all that follows through ``(but not limited - to)--'' and inserting the following: - ``(1) In general.--The Secretary, following consultation - with the State of Washington, tributary water right owners, and - the Yakama Nation, and on agreement of appropriate water right - owners, is authorized to conduct studies to evaluate measures - to further Yakima Project purposes on tributaries to the Yakima - River. Enhancement programs that use measures authorized by - this subsection may be investigated and implemented by the - Secretary in tributaries to the Yakima River, including Taneum - Creek, other areas, or tributary basins that currently or could - potentially be provided supplemental or transfer water by - entities, such as the Kittitas Reclamation District or the - Yakima-Tieton Irrigation District, subject to the condition - that activities may commence on completion of applicable and - required feasibility studies, environmental reviews, and cost- - benefit analyses that include favorable recommendations for - further project development, as appropriate. Measures to - evaluate include--''; - (ii) by indenting subparagraphs (A) through - (F) appropriately; - (iii) in subparagraph (A), by inserting - before the semicolon at the end the following: - ``, including irrigation efficiency - improvements (in coordination with programs of - the Department of Agriculture), consolidation - of diversions or administration, and diversion - scheduling or coordination''; - (iv) by redesignating subparagraphs (C) - through (F) as subparagraphs (E) through (H), - respectively; - (v) by inserting after subparagraph (B) the - following: - ``(C) improvements in irrigation system management - or delivery facilities within the Yakima River basin - when those improvements allow for increased irrigation - system conveyance and corresponding reduction in - diversion from tributaries or flow enhancements to - tributaries through direct flow supplementation or - groundwater recharge; - ``(D) improvements of irrigation system management - or delivery facilities to reduce or eliminate - excessively high flows caused by the use of natural - streams for conveyance or irrigation water or return - water;''; - (vi) in subparagraph (E) (as redesignated - by clause (iv)), by striking ``ground water'' - and inserting ``groundwater recharge and''; - (vii) in subparagraph (G) (as so - redesignated), by inserting ``or transfer'' - after ``purchase''; and - (viii) in subparagraph (H) (as so - redesignated), by inserting ``stream processes - and'' before ``stream habitats''; - (B) in paragraph (2)-- - (i) in the matter preceding subparagraph - (A), by striking ``the Taneum Creek study'' and - inserting ``studies under this subsection''; - (ii) in subparagraph (B)-- - (I) by striking ``and economic'' - and inserting ``, infrastructure, - economic, and land use''; and - (II) by striking ``and'' at the - end; - (iii) in subparagraph (C), by striking the - period at the end and inserting ``; and''; and - (iv) by adding at the end the following: - ``(D) any related studies already underway or - undertaken.''; and - (C) in paragraph (3), in the first sentence, by - inserting ``of each tributary or group of tributaries'' - after ``study''; - (4) in subsection (c)-- - (A) in the subsection heading, by inserting ``and - Nonsurface Storage'' after ``Nonstorage''; and - (B) in the matter preceding paragraph (1), by - inserting ``and nonsurface storage'' after - ``nonstorage''; - (5) by striking subsection (d); - (6) by redesignating subsection (e) as subsection (d); and - (7) in paragraph (2) of subsection (d) (as so - redesignated)-- - (A) in the first sentence-- - (i) by inserting ``and implementation'' - after ``investigation''; - (ii) by striking ``other'' before ``Yakima - River''; and - (iii) by inserting ``and other water supply - entities'' after ``owners''; and - (B) by striking the second sentence. + (1) in the section heading, by striking ``supplies'' and + inserting ``management''; + (2) in subsection (a)-- + (A) in the matter preceding paragraph (1), by striking + ``supplies'' and inserting ``management''; + (B) in paragraph (1), by inserting ``and water supply + entities'' after ``owners''; and + (C) in paragraph (2)-- + (i) in subparagraph (A), by inserting ``that choose not + to participate in, or opt out of, tributary enhancement + projects pursuant to this section'' after ``water right + owners''; and + (ii) in subparagraph (B), by inserting + ``nonparticipating'' before ``tributary water users''; + (3) in subsection (b)-- + (A) in paragraph (1)-- + (i) by striking the paragraph designation and all that + follows through ``(but not limited to)--'' and inserting + the following: + ``(1) In general.--The Secretary, following consultation with + the State of Washington, tributary water right owners, and the + Yakama Nation, and on agreement of appropriate water right owners, + is authorized to conduct studies to evaluate measures to further + Yakima Project purposes on tributaries to the Yakima River. + Enhancement programs that use measures authorized by this + subsection may be investigated and implemented by the Secretary in + tributaries to the Yakima River, including Taneum Creek, other + areas, or tributary basins that currently or could potentially be + provided supplemental or transfer water by entities, such as the + Kittitas Reclamation District or the Yakima-Tieton Irrigation + District, subject to the condition that activities may commence on + completion of applicable and required feasibility studies, + environmental reviews, and cost-benefit analyses that include + favorable recommendations for further project development, as + appropriate. Measures to evaluate include--''; + (ii) by indenting subparagraphs (A) through (F) + appropriately; + (iii) in subparagraph (A), by inserting before the + semicolon at the end the following: ``, including + irrigation efficiency improvements (in coordination with + programs of the Department of Agriculture), consolidation + of diversions or administration, and diversion scheduling + or coordination''; + (iv) by redesignating subparagraphs (C) through (F) as + subparagraphs (E) through (H), respectively; + (v) by inserting after subparagraph (B) the following: + ``(C) improvements in irrigation system management or + delivery facilities within the Yakima River basin when those + improvements allow for increased irrigation system conveyance + and corresponding reduction in diversion from tributaries or + flow enhancements to tributaries through direct flow + supplementation or groundwater recharge; + ``(D) improvements of irrigation system management or + delivery facilities to reduce or eliminate excessively high + flows caused by the use of natural streams for conveyance or + irrigation water or return water;''; + (vi) in subparagraph (E) (as redesignated by clause + (iv)), by striking ``ground water'' and inserting + ``groundwater recharge and''; + (vii) in subparagraph (G) (as so redesignated), by + inserting ``or transfer'' after ``purchase''; and + (viii) in subparagraph (H) (as so redesignated), by + inserting ``stream processes and'' before ``stream + habitats''; + (B) in paragraph (2)-- + (i) in the matter preceding subparagraph (A), by + striking ``the Taneum Creek study'' and inserting ``studies + under this subsection''; + (ii) in subparagraph (B)-- + + (I) by striking ``and economic'' and inserting ``, + infrastructure, economic, and land use''; and + (II) by striking ``and'' at the end; + + (iii) in subparagraph (C), by striking the period at + the end and inserting ``; and''; and + (iv) by adding at the end the following: + ``(D) any related studies already underway or + undertaken.''; and + (C) in paragraph (3), in the first sentence, by inserting + ``of each tributary or group of tributaries'' after ``study''; + (4) in subsection (c)-- + (A) in the subsection heading, by inserting ``and + Nonsurface Storage'' after ``Nonstorage''; and + (B) in the matter preceding paragraph (1), by inserting + ``and nonsurface storage'' after ``nonstorage''; + (5) by striking subsection (d); + (6) by redesignating subsection (e) as subsection (d); and + (7) in paragraph (2) of subsection (d) (as so redesignated)-- + (A) in the first sentence-- + (i) by inserting ``and implementation'' after + ``investigation''; + (ii) by striking ``other'' before ``Yakima River''; and + (iii) by inserting ``and other water supply entities'' + after ``owners''; and + (B) by striking the second sentence. (d) Chandler Pumping Plant and Powerplant-operations at Prosser Diversion Dam.--Section 1208(d) of Public Law 103-434 (108 Stat. 4562; 114 Stat. 1425) is amended by inserting ``negatively'' before @@ -14492,375 +13033,339 @@ Diversion Dam.--Section 1208(d) of Public Law 103-434 (108 Stat. 4562; Subtitle D--Bureau of Reclamation Facility Conveyances SEC. 8301. CONVEYANCE OF MAINTENANCE COMPLEX AND DISTRICT OFFICE OF THE - ARBUCKLE PROJECT, OKLAHOMA. - +ARBUCKLE PROJECT, OKLAHOMA. (a) Definitions.--In this section: - (1) Agreement.--The term ``Agreement'' means the agreement - entitled ``Agreement between the United States and the Arbuckle - Master Conservancy District for Transferring Title to the - Federally Owned Maintenance Complex and District Office to the - Arbuckle Master Conservancy District'' and numbered 14AG640141. - (2) District.--The term ``District'' means the Arbuckle - Master Conservancy District, located in Murray County, - Oklahoma. - (3) District office.--The term ``District Office'' means-- - (A) the headquarters building located at 2440 East - Main, Davis, Oklahoma; and - (B) the approximately 0.83 acres of land described - in the Agreement. - (4) Maintenance complex.--The term ``Maintenance Complex'' - means the caretaker's residence, shop buildings, and any - appurtenances located on the land described in the Agreement - comprising approximately 2 acres. + (1) Agreement.--The term ``Agreement'' means the agreement + entitled ``Agreement between the United States and the Arbuckle + Master Conservancy District for Transferring Title to the Federally + Owned Maintenance Complex and District Office to the Arbuckle + Master Conservancy District'' and numbered 14AG640141. + (2) District.--The term ``District'' means the Arbuckle Master + Conservancy District, located in Murray County, Oklahoma. + (3) District office.--The term ``District Office'' means-- + (A) the headquarters building located at 2440 East Main, + Davis, Oklahoma; and + (B) the approximately 0.83 acres of land described in the + Agreement. + (4) Maintenance complex.--The term ``Maintenance Complex'' + means the caretaker's residence, shop buildings, and any + appurtenances located on the land described in the Agreement + comprising approximately 2 acres. (b) Conveyance to District.--As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the District, all right, title, and interest of the United States in and to the Maintenance Complex and District Office, Arbuckle Project, Oklahoma, consistent with the terms and conditions of the Agreement. (c) Liability.-- - (1) In general.--Effective on the date of conveyance to the - District of the Maintenance Complex and District Office under - this section, the United States shall not be held liable by any - court for damages of any kind arising out of any act, omission, - or occurrence relating to the Maintenance Complex or District - Office, except for damages caused by acts of negligence - committed by the United States or by an employee or agent of - the United States prior to the date of conveyance. - (2) Applicable law.--Nothing in this section increases the - liability of the United States beyond the liability provided in - chapter 171 of title 28, United States Code (commonly known as - the ``Federal Tort Claims Act''), on the date of enactment of - this Act. + (1) In general.--Effective on the date of conveyance to the + District of the Maintenance Complex and District Office under this + section, the United States shall not be held liable by any court + for damages of any kind arising out of any act, omission, or + occurrence relating to the Maintenance Complex or District Office, + except for damages caused by acts of negligence committed by the + United States or by an employee or agent of the United States prior + to the date of conveyance. + (2) Applicable law.--Nothing in this section increases the + liability of the United States beyond the liability provided in + chapter 171 of title 28, United States Code (commonly known as the + ``Federal Tort Claims Act''), on the date of enactment of this Act. (d) Benefits.--After the conveyance of the Maintenance Complex and District Office to the District under this section-- - (1) the Maintenance Complex and District Office shall not - be considered to be a part of a Federal reclamation project; - and - (2) the District shall not be eligible to receive any - benefits with respect to any facility comprising that - Maintenance Complex and District Office, other than benefits - that would be available to a similarly situated person with - respect to a facility that is not part of a Federal reclamation - project. + (1) the Maintenance Complex and District Office shall not be + considered to be a part of a Federal reclamation project; and + (2) the District shall not be eligible to receive any benefits + with respect to any facility comprising that Maintenance Complex + and District Office, other than benefits that would be available to + a similarly situated person with respect to a facility that is not + part of a Federal reclamation project. (e) Communication.--If the Secretary has not completed the conveyance required under subsection (b) by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a letter with sufficient detail that-- - (1) explains the reasons the conveyance has not been - completed; and - (2) specifies the date by which the conveyance will be - completed. - + (1) explains the reasons the conveyance has not been completed; + and + (2) specifies the date by which the conveyance will be + completed. SEC. 8302. CONTRA COSTA CANAL TRANSFER. - (a) Definitions.--In this section: - (1) Acquired land.--The term ``acquired land'' means land - in Federal ownership and land over which the Federal Government - holds an interest for the purpose of the construction and - operation of the Contra Costa Canal, including land under the - jurisdiction of-- - (A) the Bureau of Reclamation; - (B) the Western Area Power Administration; and - (C) the Department of Defense in the case of the - Clayton Canal diversion traversing the Concord Naval - Weapons Station. - (2) Contra costa canal.-- - (A) In general.--The term ``Contra Costa Canal'' - means the Contra Costa Canal Unit of the Central Valley - Project, which exclusively serves the Contra Costa - Water District in an urban area of Contra Costa County, - California. - (B) Inclusions.--The term ``Contra Costa Canal'' - includes pipelines, conduits, pumping plants, - aqueducts, laterals, water storage and regulatory - facilities, electric substations, related works and - improvements, and all interests in land associated with - the Contra Costa Canal Unit of the Central Valley - Project in existence on the date of enactment of this - Act. - (C) Exclusion.--The term ``Contra Costa Canal'' - does not include the Rock Slough fish screen facility. - (3) Contra costa canal agreement.--The term ``Contra Costa - Canal Agreement'' means an agreement between the District and - the Bureau of Reclamation to determine the legal, - institutional, and financial terms surrounding the transfer of - the Contra Costa Canal, including compensation to the - reclamation fund established by the first section of the Act of - June 17, 1902 (32 Stat. 388, chapter 1093), equal to the net - present value of miscellaneous revenues that the United States - would otherwise derive over the 10 years following the date of - enactment of this Act from the eligible land and facilities to - be transferred, as governed by reclamation law and policy and - the contracts. - (4) Contracts.--The term ``contracts'' means the existing - water service contract between the District and the United - States, Contract No. 175r-3401A-LTR1 (2005), Contract No. 14- - 06-200-6072A (1972, as amended), and any other contract or land - permit involving the United States, the District, and Contra - Costa Canal. - (5) District.--The term ``District'' means the Contra Costa - Water District, a political subdivision of the State of - California. - (6) Rock slough fish screen facility.-- - (A) In general.--The term ``Rock Slough fish screen - facility'' means the fish screen facility at the Rock - Slough intake to the Contra Costa Canal. - (B) Inclusions.--The term ``Rock Slough fish screen - facility'' includes the screen structure, rake cleaning - system, and accessory structures integral to the screen - function of the Rock Slough fish screen facility, as - required under the Central Valley Project Improvement - Act (Public Law 102-575; 106 Stat. 4706). - (7) Rock slough fish screen facility title transfer - agreement.--The term ``Rock Slough fish screen facility title - transfer agreement'' means an agreement between the District - and the Bureau of Reclamation to-- - (A) determine the legal, institutional, and - financial terms surrounding the transfer of the Rock - Slough fish screen facility; and - (B) ensure the continued safe and reliable - operations of the Rock Slough fish screen facility. + (1) Acquired land.--The term ``acquired land'' means land in + Federal ownership and land over which the Federal Government holds + an interest for the purpose of the construction and operation of + the Contra Costa Canal, including land under the jurisdiction of-- + (A) the Bureau of Reclamation; + (B) the Western Area Power Administration; and + (C) the Department of Defense in the case of the Clayton + Canal diversion traversing the Concord Naval Weapons Station. + (2) Contra costa canal.-- + (A) In general.--The term ``Contra Costa Canal'' means the + Contra Costa Canal Unit of the Central Valley Project, which + exclusively serves the Contra Costa Water District in an urban + area of Contra Costa County, California. + (B) Inclusions.--The term ``Contra Costa Canal'' includes + pipelines, conduits, pumping plants, aqueducts, laterals, water + storage and regulatory facilities, electric substations, + related works and improvements, and all interests in land + associated with the Contra Costa Canal Unit of the Central + Valley Project in existence on the date of enactment of this + Act. + (C) Exclusion.--The term ``Contra Costa Canal'' does not + include the Rock Slough fish screen facility. + (3) Contra costa canal agreement.--The term ``Contra Costa + Canal Agreement'' means an agreement between the District and the + Bureau of Reclamation to determine the legal, institutional, and + financial terms surrounding the transfer of the Contra Costa Canal, + including compensation to the reclamation fund established by the + first section of the Act of June 17, 1902 (32 Stat. 388, chapter + 1093), equal to the net present value of miscellaneous revenues + that the United States would otherwise derive over the 10 years + following the date of enactment of this Act from the eligible land + and facilities to be transferred, as governed by reclamation law + and policy and the contracts. + (4) Contracts.--The term ``contracts'' means the existing water + service contract between the District and the United States, + Contract No. 175r-3401A-LTR1 (2005), Contract No. 14-06-200-6072A + (1972, as amended), and any other contract or land permit involving + the United States, the District, and Contra Costa Canal. + (5) District.--The term ``District'' means the Contra Costa + Water District, a political subdivision of the State of California. + (6) Rock slough fish screen facility.-- + (A) In general.--The term ``Rock Slough fish screen + facility'' means the fish screen facility at the Rock Slough + intake to the Contra Costa Canal. + (B) Inclusions.--The term ``Rock Slough fish screen + facility'' includes the screen structure, rake cleaning system, + and accessory structures integral to the screen function of the + Rock Slough fish screen facility, as required under the Central + Valley Project Improvement Act (Public Law 102-575; 106 Stat. + 4706). + (7) Rock slough fish screen facility title transfer + agreement.--The term ``Rock Slough fish screen facility title + transfer agreement'' means an agreement between the District and + the Bureau of Reclamation to-- + (A) determine the legal, institutional, and financial terms + surrounding the transfer of the Rock Slough fish screen + facility; and + (B) ensure the continued safe and reliable operations of + the Rock Slough fish screen facility. (b) Conveyance of Land and Facilities.-- - (1) In general.--Not later than 180 days after the date of - enactment of this Act, in consideration for the District - assuming from the United States all liability for the - administration, operation, maintenance, and replacement of the - Contra Costa Canal, consistent with the terms and conditions - set forth in the Contra Costa Canal Agreement and subject to - valid existing rights and existing recreation agreements - between the Bureau of Reclamation and the East Bay Regional - Park District for Contra Loma Regional Park and other local - agencies within the Contra Costa Canal, the Secretary shall - offer to convey and assign to the District-- - (A) all right, title, and interest of the United - States in and to-- - (i) the Contra Costa Canal; and - (ii) the acquired land; and - (B) all interests reserved and developed as of the - date of enactment of this Act for the Contra Costa - Canal in the acquired land, including existing - recreation agreements between the Bureau of Reclamation - and the East Bay Regional Park District for Contra Loma - Regional Park and other local agencies within the - Contra Costa Canal. - (2) Rock slough fish screen facility.-- - (A) In general.--The Secretary shall convey and - assign to the District all right, title, and interest - of the United States in and to the Rock Slough fish - screen facility pursuant to the Rock Slough fish screen - facility title transfer agreement. - (B) Cooperation.--Not later than 180 days after the - conveyance of the Contra Costa Canal, the Secretary and - the District shall enter into good faith negotiations - to accomplish the conveyance and assignment under - subparagraph (A). - (3) Payment of costs.--The District shall pay to the - Secretary any administrative and real estate transfer costs - incurred by the Secretary in carrying out the conveyances and - assignments under paragraphs (1) and (2), including the cost of - any boundary survey, title search, cadastral survey, appraisal, - and other real estate transaction required for the conveyances - and assignments. - (4) Compliance with environmental laws.-- - (A) In general.--Before carrying out the - conveyances and assignments under paragraphs (1) and - (2), the Secretary shall comply with all applicable - requirements under-- - (i) the National Environmental Policy Act - of 1969 (42 U.S.C. 4321 et seq.); - (ii) the Endangered Species Act of 1973 (16 - U.S.C. 1531 et seq.); and - (iii) any other law applicable to the - Contra Costa Canal or the acquired land. - (B) Effect.--Nothing in this section modifies or - alters any obligations under-- - (i) the National Environmental Policy Act - of 1969 (42 U.S.C. 4321 et seq.); or - (ii) the Endangered Species Act of 1973 (16 - U.S.C. 1531 et seq.). + (1) In general.--Not later than 180 days after the date of + enactment of this Act, in consideration for the District assuming + from the United States all liability for the administration, + operation, maintenance, and replacement of the Contra Costa Canal, + consistent with the terms and conditions set forth in the Contra + Costa Canal Agreement and subject to valid existing rights and + existing recreation agreements between the Bureau of Reclamation + and the East Bay Regional Park District for Contra Loma Regional + Park and other local agencies within the Contra Costa Canal, the + Secretary shall offer to convey and assign to the District-- + (A) all right, title, and interest of the United States in + and to-- + (i) the Contra Costa Canal; and + (ii) the acquired land; and + (B) all interests reserved and developed as of the date of + enactment of this Act for the Contra Costa Canal in the + acquired land, including existing recreation agreements between + the Bureau of Reclamation and the East Bay Regional Park + District for Contra Loma Regional Park and other local agencies + within the Contra Costa Canal. + (2) Rock slough fish screen facility.-- + (A) In general.--The Secretary shall convey and assign to + the District all right, title, and interest of the United + States in and to the Rock Slough fish screen facility pursuant + to the Rock Slough fish screen facility title transfer + agreement. + (B) Cooperation.--Not later than 180 days after the + conveyance of the Contra Costa Canal, the Secretary and the + District shall enter into good faith negotiations to accomplish + the conveyance and assignment under subparagraph (A). + (3) Payment of costs.--The District shall pay to the Secretary + any administrative and real estate transfer costs incurred by the + Secretary in carrying out the conveyances and assignments under + paragraphs (1) and (2), including the cost of any boundary survey, + title search, cadastral survey, appraisal, and other real estate + transaction required for the conveyances and assignments. + (4) Compliance with environmental laws.-- + (A) In general.--Before carrying out the conveyances and + assignments under paragraphs (1) and (2), the Secretary shall + comply with all applicable requirements under-- + (i) the National Environmental Policy Act of 1969 (42 + U.S.C. 4321 et seq.); + (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 + et seq.); and + (iii) any other law applicable to the Contra Costa + Canal or the acquired land. + (B) Effect.--Nothing in this section modifies or alters any + obligations under-- + (i) the National Environmental Policy Act of 1969 (42 + U.S.C. 4321 et seq.); or + (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 + et seq.). (c) Relationship to Existing Central Valley Project Contracts.-- - (1) In general.--Nothing in this section affects-- - (A) the application of the reclamation laws to - water delivered to the District pursuant to any - contract with the Secretary; or - (B) subject to paragraph (2), the contracts. - (2) Amendments to contracts.--The Secretary and the - District may modify the contracts as necessary to comply with - this section. - (3) Liability.-- - (A) In general.--Except as provided in subparagraph - (B), the United States shall not be liable for damages - arising out of any act, omission, or occurrence - relating to the Contra Costa Canal or the acquired - land. - (B) Exception.--The United States shall continue to - be liable for damages caused by acts of negligence - committed by the United States or by any employee or - agent of the United States before the date of the - conveyance and assignment under subsection (b)(1), - consistent with chapter 171 of title 28, United States - Code (commonly known as the ``Federal Tort Claims - Act''). - (C) Limitation.--Nothing in this section increases - the liability of the United States beyond the liability - provided under chapter 171 of title 28, United States - Code (commonly known as the ``Federal Tort Claims - Act''). + (1) In general.--Nothing in this section affects-- + (A) the application of the reclamation laws to water + delivered to the District pursuant to any contract with the + Secretary; or + (B) subject to paragraph (2), the contracts. + (2) Amendments to contracts.--The Secretary and the District + may modify the contracts as necessary to comply with this section. + (3) Liability.-- + (A) In general.--Except as provided in subparagraph (B), + the United States shall not be liable for damages arising out + of any act, omission, or occurrence relating to the Contra + Costa Canal or the acquired land. + (B) Exception.--The United States shall continue to be + liable for damages caused by acts of negligence committed by + the United States or by any employee or agent of the United + States before the date of the conveyance and assignment under + subsection (b)(1), consistent with chapter 171 of title 28, + United States Code (commonly known as the ``Federal Tort Claims + Act''). + (C) Limitation.--Nothing in this section increases the + liability of the United States beyond the liability provided + under chapter 171 of title 28, United States Code (commonly + known as the ``Federal Tort Claims Act''). (d) Report.--If the conveyance and assignment authorized by subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- - (1) describes the status of the conveyance and assignment; - (2) describes any obstacles to completing the conveyance - and assignment; and - (3) specifies an anticipated date for completion of the - conveyance and assignment. + (1) describes the status of the conveyance and assignment; + (2) describes any obstacles to completing the conveyance and + assignment; and + (3) specifies an anticipated date for completion of the + conveyance and assignment. Subtitle E--Project Authorizations SEC. 8401. EXTENSION OF EQUUS BEDS DIVISION OF THE WICHITA PROJECT. - Section 10(h) of Public Law 86-787 (74 Stat. 1026; 120 Stat. 1474) is amended by striking ``10 years'' and inserting ``20 years''. Subtitle F--Modifications of Existing Programs SEC. 8501. WATERSMART. - Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended in subsection (a)-- - (1) in paragraph (2)(A)-- - (A) by striking ``within the States'' and inserting - the following: ``within-- - ``(i) the States''; - (B) in clause (i) (as so designated), by striking - ``and'' at the end; and - (C) by adding at the end the following: - ``(ii) the State of Alaska; or - ``(iii) the State of Hawaii; and''; and - (2) in paragraph (3)(B)-- - (A) by redesignating clauses (i) and (ii) as - subclauses (I) and (II), respectively, and indenting - appropriately; - (B) in the matter preceding subclause (I) (as so - redesignated), by striking ``In carrying'' and - inserting the following: - ``(i) In general.--Except as provided in - clause (ii), in carrying''; and - (C) by adding at the end the following: - ``(ii) Indian tribes.--In the case of an - eligible applicant that is an Indian tribe, in - carrying out paragraph (1), the Secretary shall - not provide a grant, or enter into an - agreement, for an improvement to conserve - irrigation water unless the Indian tribe agrees - not-- - ``(I) to use any associated water - savings to increase the total irrigated - acreage more than the water right of - that Indian tribe, as determined by-- - ``(aa) a court decree; - ``(bb) a settlement; - ``(cc) a law; or - ``(dd) any combination of - the authorities described in - items (aa) through (cc); or - ``(II) to otherwise increase the - consumptive use of water more than the - water right of the Indian tribe - described in subclause (I).''. + (1) in paragraph (2)(A)-- + (A) by striking ``within the States'' and inserting the + following: ``within-- + ``(i) the States''; + (B) in clause (i) (as so designated), by striking ``and'' + at the end; and + (C) by adding at the end the following: + ``(ii) the State of Alaska; or + ``(iii) the State of Hawaii; and''; and + (2) in paragraph (3)(B)-- + (A) by redesignating clauses (i) and (ii) as subclauses (I) + and (II), respectively, and indenting appropriately; + (B) in the matter preceding subclause (I) (as so + redesignated), by striking ``In carrying'' and inserting the + following: + ``(i) In general.--Except as provided in clause (ii), + in carrying''; and + (C) by adding at the end the following: + ``(ii) Indian tribes.--In the case of an eligible + applicant that is an Indian tribe, in carrying out + paragraph (1), the Secretary shall not provide a grant, or + enter into an agreement, for an improvement to conserve + irrigation water unless the Indian tribe agrees not-- + + ``(I) to use any associated water savings to + increase the total irrigated acreage more than the + water right of that Indian tribe, as determined by-- + + ``(aa) a court decree; + ``(bb) a settlement; + ``(cc) a law; or + ``(dd) any combination of the authorities + described in items (aa) through (cc); or + + ``(II) to otherwise increase the consumptive use of + water more than the water right of the Indian tribe + described in subclause (I).''. Subtitle G--Bureau of Reclamation Transparency SEC. 8601. DEFINITIONS. - In this part: - (1) Asset.-- - (A) In general.--The term ``asset'' means any of - the following assets that are used to achieve the - mission of the Bureau to manage, develop, and protect - water and related resources in an environmentally and - economically sound manner in the interest of the people - of the United States: - (i) Capitalized facilities, buildings, - structures, project features, power production - equipment, recreation facilities, or quarters. - (ii) Capitalized and noncapitalized heavy - equipment and other installed equipment. - (B) Inclusions.--The term ``asset'' includes assets - described in subparagraph (A) that are considered to be - mission critical. - (2) Asset management report.--The term ``Asset Management - Report'' means-- - (A) the annual plan prepared by the Bureau known as - the ``Asset Management Plan''; and - (B) any publicly available information relating to - the plan described in subparagraph (A) that summarizes - the efforts of the Bureau to evaluate and manage - infrastructure assets of the Bureau. - (3) Major repair and rehabilitation need.--The term ``major - repair and rehabilitation need'' means major nonrecurring - maintenance at a Reclamation facility, including maintenance - related to the safety of dams, extraordinary maintenance of - dams, deferred major maintenance activities, and all other - significant repairs and extraordinary maintenance. - + (1) Asset.-- + (A) In general.--The term ``asset'' means any of the + following assets that are used to achieve the mission of the + Bureau to manage, develop, and protect water and related + resources in an environmentally and economically sound manner + in the interest of the people of the United States: + (i) Capitalized facilities, buildings, structures, + project features, power production equipment, recreation + facilities, or quarters. + (ii) Capitalized and noncapitalized heavy equipment and + other installed equipment. + (B) Inclusions.--The term ``asset'' includes assets + described in subparagraph (A) that are considered to be mission + critical. + (2) Asset management report.--The term ``Asset Management + Report'' means-- + (A) the annual plan prepared by the Bureau known as the + ``Asset Management Plan''; and + (B) any publicly available information relating to the plan + described in subparagraph (A) that summarizes the efforts of + the Bureau to evaluate and manage infrastructure assets of the + Bureau. + (3) Major repair and rehabilitation need.--The term ``major + repair and rehabilitation need'' means major nonrecurring + maintenance at a Reclamation facility, including maintenance + related to the safety of dams, extraordinary maintenance of dams, + deferred major maintenance activities, and all other significant + repairs and extraordinary maintenance. SEC. 8602. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS. - (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that-- - (1) describes the efforts of the Bureau-- - (A) to maintain in a reliable manner all reserved - works at Reclamation facilities; and - (B) to standardize and streamline data reporting - and processes across regions and areas for the purpose - of maintaining reserved works at Reclamation - facilities; and - (2) expands on the information otherwise provided in an - Asset Management Report, in accordance with subsection (b). + (1) describes the efforts of the Bureau-- + (A) to maintain in a reliable manner all reserved works at + Reclamation facilities; and + (B) to standardize and streamline data reporting and + processes across regions and areas for the purpose of + maintaining reserved works at Reclamation facilities; and + (2) expands on the information otherwise provided in an Asset + Management Report, in accordance with subsection (b). (b) Infrastructure Maintenance Needs Assessment.-- - (1) In general.--The Asset Management Report submitted - under subsection (a) shall include-- - (A) a detailed assessment of major repair and - rehabilitation needs for all reserved works at all - Reclamation projects; and - (B) to the maximum extent practicable, an itemized - list of major repair and rehabilitation needs of - individual Reclamation facilities at each Reclamation - project. - (2) Inclusions.--To the maximum extent practicable, the - itemized list of major repair and rehabilitation needs under - paragraph (1)(B) shall include-- - (A) a budget level cost estimate of the - appropriations needed to complete each item; and - (B) an assignment of a categorical rating for each - item, consistent with paragraph (3). - (3) Rating requirements.-- - (A) In general.--The system for assigning ratings - under paragraph (2)(B) shall be-- - (i) consistent with existing uniform - categorization systems to inform the annual - budget process and agency requirements; and - (ii) subject to the guidance and - instructions issued under subparagraph (B). - (B) Guidance.--As soon as practicable after the - date of enactment of this Act, the Secretary shall - issue guidance that describes the applicability of the - rating system applicable under paragraph (2)(B) to - Reclamation facilities. - (4) Public availability.--Except as provided in paragraph - (5), the Secretary shall make publicly available, including on - the internet, the Asset Management Report required under - subsection (a). - (5) Confidentiality.--The Secretary may exclude from the - public version of the Asset Management Report made available - under paragraph (4) any information that the Secretary - identifies as sensitive or classified, but shall make available - to the Committee on Energy and Natural Resources of the Senate - and the Committee on Natural Resources of the House of - Representatives a version of the report containing the - sensitive or classified information. + (1) In general.--The Asset Management Report submitted under + subsection (a) shall include-- + (A) a detailed assessment of major repair and + rehabilitation needs for all reserved works at all Reclamation + projects; and + (B) to the maximum extent practicable, an itemized list of + major repair and rehabilitation needs of individual Reclamation + facilities at each Reclamation project. + (2) Inclusions.--To the maximum extent practicable, the + itemized list of major repair and rehabilitation needs under + paragraph (1)(B) shall include-- + (A) a budget level cost estimate of the appropriations + needed to complete each item; and + (B) an assignment of a categorical rating for each item, + consistent with paragraph (3). + (3) Rating requirements.-- + (A) In general.--The system for assigning ratings under + paragraph (2)(B) shall be-- + (i) consistent with existing uniform categorization + systems to inform the annual budget process and agency + requirements; and + (ii) subject to the guidance and instructions issued + under subparagraph (B). + (B) Guidance.--As soon as practicable after the date of + enactment of this Act, the Secretary shall issue guidance that + describes the applicability of the rating system applicable + under paragraph (2)(B) to Reclamation facilities. + (4) Public availability.--Except as provided in paragraph (5), + the Secretary shall make publicly available, including on the + internet, the Asset Management Report required under subsection + (a). + (5) Confidentiality.--The Secretary may exclude from the public + version of the Asset Management Report made available under + paragraph (4) any information that the Secretary identifies as + sensitive or classified, but shall make available to the Committee + on Energy and Natural Resources of the Senate and the Committee on + Natural Resources of the House of Representatives a version of the + report containing the sensitive or classified information. (c) Updates.--Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management @@ -14869,12 +13374,10 @@ Report, subject to the requirements of section 8603(b)(2). assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c), the Secretary shall consult with-- - (1) the Secretary of the Army (acting through the Chief of - Engineers); and - (2) water and power contractors. - + (1) the Secretary of the Army (acting through the Chief of + Engineers); and + (2) water and power contractors. SEC. 8603. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS. - (a) In General.--The Secretary shall coordinate with the non- Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset @@ -14882,290 +13385,262 @@ Management Reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section 8602(b). (b) Guidance.-- - (1) In general.--After considering input from water and - power contractors of the Bureau, the Secretary shall develop - and implement a rating system for transferred works that - incorporates, to the maximum extent practicable, the rating - system for major repair and rehabilitation needs for reserved - works developed under section 8602(b)(3). - (2) Updates.--The ratings system developed under paragraph - (1) shall be included in the updated Asset Management Reports - under section 8602(c). + (1) In general.--After considering input from water and power + contractors of the Bureau, the Secretary shall develop and + implement a rating system for transferred works that incorporates, + to the maximum extent practicable, the rating system for major + repair and rehabilitation needs for reserved works developed under + section 8602(b)(3). + (2) Updates.--The ratings system developed under paragraph (1) + shall be included in the updated Asset Management Reports under + section 8602(c). TITLE IX--MISCELLANEOUS SEC. 9001. EVERY KID OUTDOORS ACT. - (a) Definitions.--In this section: - (1) Federal land and waters.--The term ``Federal land and - waters'' means any Federal land or body of water under the - jurisdiction of any of the Secretaries to which the public has - access. - (2) Program.--The term ``program'' means the Every Kid - Outdoors program established under subsection (b)(1). - (3) Secretaries.--The term ``Secretaries'' means-- - (A) the Secretary, acting through-- - (i) the Director of the National Park - Service; - (ii) the Director of the United States Fish - and Wildlife Service; - (iii) the Director of the Bureau of Land - Management; and - (iv) the Commissioner of Reclamation; - (B) the Secretary of Agriculture, acting through - the Chief of the Forest Service; - (C) the Secretary of Commerce, acting through the - Administrator of the National Oceanic and Atmospheric - Administration; and - (D) the Secretary of the Army, acting through the - Assistant Secretary of the Army for Civil Works. - (4) State.--The term ``State'' means each of the several - States, the District of Columbia, American Samoa, Guam, the - Northern Mariana Islands, Puerto Rico, the Virgin Islands of - the United States, and any other territory or possession of the - United States. - (5) Student or students.--The term ``student'' or - ``students'' means any fourth grader or home-schooled learner - 10 years of age residing in the United States, including any - territory or possession of the United States. + (1) Federal land and waters.--The term ``Federal land and + waters'' means any Federal land or body of water under the + jurisdiction of any of the Secretaries to which the public has + access. + (2) Program.--The term ``program'' means the Every Kid Outdoors + program established under subsection (b)(1). + (3) Secretaries.--The term ``Secretaries'' means-- + (A) the Secretary, acting through-- + (i) the Director of the National Park Service; + (ii) the Director of the United States Fish and + Wildlife Service; + (iii) the Director of the Bureau of Land Management; + and + (iv) the Commissioner of Reclamation; + (B) the Secretary of Agriculture, acting through the Chief + of the Forest Service; + (C) the Secretary of Commerce, acting through the + Administrator of the National Oceanic and Atmospheric + Administration; and + (D) the Secretary of the Army, acting through the Assistant + Secretary of the Army for Civil Works. + (4) State.--The term ``State'' means each of the several + States, the District of Columbia, American Samoa, Guam, the + Northern Mariana Islands, Puerto Rico, the Virgin Islands of the + United States, and any other territory or possession of the United + States. + (5) Student or students.--The term ``student'' or ``students'' + means any fourth grader or home-schooled learner 10 years of age + residing in the United States, including any territory or + possession of the United States. (b) Every Kid Outdoors Program.-- - (1) Establishment.--The Secretaries shall jointly establish - a program, to be known as the ``Every Kid Outdoors program'', - to provide free access to Federal land and waters for students - and accompanying individuals in accordance with this - subsection. - (2) Annual passes.-- - (A) In general.--At the request of a student, the - Secretaries shall issue a pass to the student, which - allows access to Federal lands and waters for which - access is subject to an entrance, standard amenity, or - day use fee, free of charge for the student and-- - (i) in the case of a per-vehicle fee area-- - (I) any passengers accompanying the - student in a private, noncommercial - vehicle; or - (II) not more than three adults - accompanying the student on bicycles; - or - (ii) in the case of a per-person fee area, - not more than three adults accompanying the - student. - (B) Term.--A pass described in subparagraph (A) - shall be effective during the period beginning on - September 1 and ending on August 31 of the following - year. - (C) Presence of a student in grade four required.-- - A pass described in subparagraph (A) shall be effective - only if the student to which the pass was issued is - present at the point of entry to the applicable Federal - land or water. - (3) Other activities.--In carrying out the program, the - Secretaries-- - (A) may collaborate with State Park systems that - opt to implement a complementary Every Kid Outdoors - State park pass; - (B) may coordinate with the Secretary of Education - to implement the program; - (C) shall maintain a publicly available website - with information about the program; - (D) may provide visitor services for the program; - and - (E) may support approved partners of the Federal - land and waters by providing the partners with - opportunities to participate in the program. - (4) Reports.--The Secretary, in coordination with each - Secretary described in subparagraphs (B) through (D) of - subsection (a)(3), shall prepare a comprehensive report to - Congress each year describing-- - (A) the implementation of the program; - (B) the number and geographical distribution of - students who participated in the program; and - (C) the number of passes described in paragraph - (2)(A) that were distributed. - (5) Sunset.--The authorities provided in this section, - including the reporting requirement, shall expire on the date - that is 7 years after the date of enactment of this Act. - + (1) Establishment.--The Secretaries shall jointly establish a + program, to be known as the ``Every Kid Outdoors program'', to + provide free access to Federal land and waters for students and + accompanying individuals in accordance with this subsection. + (2) Annual passes.-- + (A) In general.--At the request of a student, the + Secretaries shall issue a pass to the student, which allows + access to Federal lands and waters for which access is subject + to an entrance, standard amenity, or day use fee, free of + charge for the student and-- + (i) in the case of a per-vehicle fee area-- + + (I) any passengers accompanying the student in a + private, noncommercial vehicle; or + (II) not more than three adults accompanying the + student on bicycles; or + + (ii) in the case of a per-person fee area, not more + than three adults accompanying the student. + (B) Term.--A pass described in subparagraph (A) shall be + effective during the period beginning on September 1 and ending + on August 31 of the following year. + (C) Presence of a student in grade four required.--A pass + described in subparagraph (A) shall be effective only if the + student to which the pass was issued is present at the point of + entry to the applicable Federal land or water. + (3) Other activities.--In carrying out the program, the + Secretaries-- + (A) may collaborate with State Park systems that opt to + implement a complementary Every Kid Outdoors State park pass; + (B) may coordinate with the Secretary of Education to + implement the program; + (C) shall maintain a publicly available website with + information about the program; + (D) may provide visitor services for the program; and + (E) may support approved partners of the Federal land and + waters by providing the partners with opportunities to + participate in the program. + (4) Reports.--The Secretary, in coordination with each + Secretary described in subparagraphs (B) through (D) of subsection + (a)(3), shall prepare a comprehensive report to Congress each year + describing-- + (A) the implementation of the program; + (B) the number and geographical distribution of students + who participated in the program; and + (C) the number of passes described in paragraph (2)(A) that + were distributed. + (5) Sunset.--The authorities provided in this section, + including the reporting requirement, shall expire on the date that + is 7 years after the date of enactment of this Act. SEC. 9002. GOOD SAMARITAN SEARCH AND RECOVERY ACT. - (a) Definitions.--In this section: - (1) Eligible.--The term ``eligible'', with respect to an - organization or individual, means that the organization or - individual, respectively, is-- - (A) acting in a not-for-profit capacity; and - (B) composed entirely of members who, at the time - of the good Samaritan search-and-recovery mission, have - attained the age of majority under the law of the State - where the mission takes place. - (2) Good samaritan search-and-recovery mission.--The term - ``good Samaritan search-and-recovery mission'' means a search - conducted by an eligible organization or individual for 1 or - more missing individuals believed to be deceased at the time - that the search is initiated. - (3) Secretary.--The term ``Secretary'' means the Secretary - or the Secretary of Agriculture, as applicable. + (1) Eligible.--The term ``eligible'', with respect to an + organization or individual, means that the organization or + individual, respectively, is-- + (A) acting in a not-for-profit capacity; and + (B) composed entirely of members who, at the time of the + good Samaritan search-and-recovery mission, have attained the + age of majority under the law of the State where the mission + takes place. + (2) Good samaritan search-and-recovery mission.--The term + ``good Samaritan search-and-recovery mission'' means a search + conducted by an eligible organization or individual for 1 or more + missing individuals believed to be deceased at the time that the + search is initiated. + (3) Secretary.--The term ``Secretary'' means the Secretary or + the Secretary of Agriculture, as applicable. (b) Process.-- - (1) In general.--Each Secretary shall develop and implement - a process to expedite access to Federal land under the - administrative jurisdiction of the Secretary for eligible - organizations and individuals to request access to Federal land - to conduct good Samaritan search-and-recovery missions. - (2) Inclusions.--The process developed and implemented - under this subsection shall include provisions to clarify - that-- - (A) an eligible organization or individual granted - access under this section-- - (i) shall be acting for private purposes; - and - (ii) shall not be considered to be a - Federal volunteer; - (B) an eligible organization or individual - conducting a good Samaritan search-and-recovery mission - under this section shall not be considered to be a - volunteer under section 102301(c) of title 54, United - States Code; - (C) chapter 171 of title 28, United States Code - (commonly known as the ``Federal Tort Claims Act''), - shall not apply to an eligible organization or - individual carrying out a privately requested good - Samaritan search-and-recovery mission under this - section; and - (D) chapter 81 of title 5, United States Code - (commonly known as the ``Federal Employees Compensation - Act''), shall not apply to an eligible organization or - individual conducting a good Samaritan search-and- - recovery mission under this section, and the conduct of - the good Samaritan search-and-recovery mission shall - not constitute civilian employment. + (1) In general.--Each Secretary shall develop and implement a + process to expedite access to Federal land under the administrative + jurisdiction of the Secretary for eligible organizations and + individuals to request access to Federal land to conduct good + Samaritan search-and-recovery missions. + (2) Inclusions.--The process developed and implemented under + this subsection shall include provisions to clarify that-- + (A) an eligible organization or individual granted access + under this section-- + (i) shall be acting for private purposes; and + (ii) shall not be considered to be a Federal volunteer; + (B) an eligible organization or individual conducting a + good Samaritan search-and-recovery mission under this section + shall not be considered to be a volunteer under section + 102301(c) of title 54, United States Code; + (C) chapter 171 of title 28, United States Code (commonly + known as the ``Federal Tort Claims Act''), shall not apply to + an eligible organization or individual carrying out a privately + requested good Samaritan search-and-recovery mission under this + section; and + (D) chapter 81 of title 5, United States Code (commonly + known as the ``Federal Employees Compensation Act''), shall not + apply to an eligible organization or individual conducting a + good Samaritan search-and-recovery mission under this section, + and the conduct of the good Samaritan search-and-recovery + mission shall not constitute civilian employment. (c) Release of Federal Government From Liability.--The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual-- - (1) acknowledges and consents, in writing, to the - provisions described in subparagraphs (A) through (D) of - subsection (b)(2); and - (2) signs a waiver releasing the Federal Government from - all liability relating to the access granted under this section - and agrees to indemnify and hold harmless the United States - from any claims or lawsuits arising from any conduct by the - eligible organization or individual on Federal land. + (1) acknowledges and consents, in writing, to the provisions + described in subparagraphs (A) through (D) of subsection (b)(2); + and + (2) signs a waiver releasing the Federal Government from all + liability relating to the access granted under this section and + agrees to indemnify and hold harmless the United States from any + claims or lawsuits arising from any conduct by the eligible + organization or individual on Federal land. (d) Approval and Denial of Requests.-- - (1) In general.--The Secretary shall notify an eligible - organization or individual of the approval or denial of a - request by the eligible organization or individual to carry out - a good Samaritan search-and-recovery mission under this section - by not later than 48 hours after the request is made. - (2) Denials.--If the Secretary denies a request from an - eligible organization or individual to carry out a good - Samaritan search-and-recovery mission under this section, the - Secretary shall notify the eligible organization or individual - of-- - (A) the reason for the denial of the request; and - (B) any actions that the eligible organization or - individual can take to meet the requirements for the - request to be approved. + (1) In general.--The Secretary shall notify an eligible + organization or individual of the approval or denial of a request + by the eligible organization or individual to carry out a good + Samaritan search-and-recovery mission under this section by not + later than 48 hours after the request is made. + (2) Denials.--If the Secretary denies a request from an + eligible organization or individual to carry out a good Samaritan + search-and-recovery mission under this section, the Secretary shall + notify the eligible organization or individual of-- + (A) the reason for the denial of the request; and + (B) any actions that the eligible organization or + individual can take to meet the requirements for the request to + be approved. (e) Partnerships.--Each Secretary shall develop search-and- recovery-focused partnerships with search-and-recovery organizations-- - (1) to coordinate good Samaritan search-and-recovery - missions on Federal land under the administrative jurisdiction - of the Secretary; and - (2) to expedite and accelerate good Samaritan search-and- - recovery mission efforts for missing individuals on Federal - land under the administrative jurisdiction of the Secretary. + (1) to coordinate good Samaritan search-and-recovery missions + on Federal land under the administrative jurisdiction of the + Secretary; and + (2) to expedite and accelerate good Samaritan search-and- + recovery mission efforts for missing individuals on Federal land + under the administrative jurisdiction of the Secretary. (f) Report.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a joint report describing-- - (1) plans to develop partnerships described in subsection - (e)(1); and - (2) efforts carried out to expedite and accelerate good - Samaritan search-and-recovery mission efforts for missing - individuals on Federal land under the administrative - jurisdiction of each Secretary pursuant to subsection (e)(2). - -SEC. 9003. 21ST CENTURY CONSERVATION SERVICE CORPS ACT. - + (1) plans to develop partnerships described in subsection + (e)(1); and + (2) efforts carried out to expedite and accelerate good + Samaritan search-and-recovery mission efforts for missing + individuals on Federal land under the administrative jurisdiction + of each Secretary pursuant to subsection (e)(2). +SEC. 9003. JOHN S. MCCAIN III 21ST CENTURY CONSERVATION SERVICE CORPS +ACT. (a) Definitions.--Section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722) is amended-- - (1) in paragraph (2), by striking ``under section 204'' and - inserting ``by section 204(a)(1)''; - (2) by redesignating paragraphs (8) through (13) as - paragraphs (9) through (14), respectively; - (3) by inserting after paragraph (7) the following: - ``(8) Institution of higher education.-- - ``(A) In general.--The term `institution of higher - education' has the meaning given the term in section - 102 of the Higher Education Act of 1965 (20 U.S.C. - 1002). - ``(B) Exclusion.--The term `institution of higher - education' does not include-- - ``(i) an institution described in section - 101(b) of the Higher Education Act of 1965 (20 - U.S.C. 1001(b)); or - ``(ii) an institution outside the United - States, as described in section 102(a)(1)(C) of - the Higher Education Act of 1965 (20 U.S.C. - 1002(a)(1)(C)).''; - (4) in paragraph (9) (as so redesignated)-- - (A) in the matter preceding subparagraph (A), by - striking ``, as follows'' and inserting ``and other - conservation and restoration initiatives, as follows''; - and - (B) by adding at the end the following: - ``(E) To protect, restore, or enhance marine, - estuarine, riverine, and coastal habitat ecosystem - components-- - ``(i) to promote the recovery of threatened - species, endangered species, and managed - fisheries; - ``(ii) to restore fisheries, protected - resources, and habitats impacted by oil and - chemical spills and natural disasters; or - ``(iii) to enhance the resilience of - coastal ecosystems, communities, and economies - through habitat conservation.''; - (5) in subparagraph (A) of paragraph (11) (as so - redesignated), by striking ``individuals between the ages of 16 - and 30, inclusive,'' and inserting ``individuals between the - ages of 16 and 30, inclusive, or veterans age 35 or younger''; - (6) in paragraph (13) (as so redesignated)-- - (A) in subparagraph (A), by striking ``and'' at the - end; - (B) in subparagraph (B), by striking the period at - the end and inserting ``; and''; and - (C) by adding at the end the following: - ``(C) with respect to the National Marine Sanctuary - System, coral reefs, and other coastal, estuarine, and - marine habitats, and other land and facilities - administered by the National Oceanic and Atmospheric - Administration, the Secretary of Commerce.''; and - (7) by adding at the end the following: - ``(15) Veteran.--The term `veteran' has the meaning given - the term in section 101 of title 38, United States Code.''. + (1) in paragraph (2), by striking ``under section 204'' and + inserting ``by section 204(a)(1)''; + (2) by redesignating paragraphs (8) through (13) as paragraphs + (9) through (14), respectively; + (3) by inserting after paragraph (7) the following: + ``(8) Institution of higher education.-- + ``(A) In general.--The term `institution of higher + education' has the meaning given the term in section 102 of the + Higher Education Act of 1965 (20 U.S.C. 1002). + ``(B) Exclusion.--The term `institution of higher + education' does not include-- + ``(i) an institution described in section 101(b) of the + Higher Education Act of 1965 (20 U.S.C. 1001(b)); or + ``(ii) an institution outside the United States, as + described in section 102(a)(1)(C) of the Higher Education + Act of 1965 (20 U.S.C. 1002(a)(1)(C)).''; + (4) in paragraph (9) (as so redesignated)-- + (A) in the matter preceding subparagraph (A), by striking + ``, as follows'' and inserting ``and other conservation and + restoration initiatives, as follows''; and + (B) by adding at the end the following: + ``(E) To protect, restore, or enhance marine, estuarine, + riverine, and coastal habitat ecosystem components-- + ``(i) to promote the recovery of threatened species, + endangered species, and managed fisheries; + ``(ii) to restore fisheries, protected resources, and + habitats impacted by oil and chemical spills and natural + disasters; or + ``(iii) to enhance the resilience of coastal + ecosystems, communities, and economies through habitat + conservation.''; + (5) in subparagraph (A) of paragraph (11) (as so redesignated), + by striking ``individuals between the ages of 16 and 30, + inclusive,'' and inserting ``individuals between the ages of 16 and + 30, inclusive, or veterans age 35 or younger''; + (6) in paragraph (13) (as so redesignated)-- + (A) in subparagraph (A), by striking ``and'' at the end; + (B) in subparagraph (B), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: + ``(C) with respect to the National Marine Sanctuary System, + coral reefs, and other coastal, estuarine, and marine habitats, + and other land and facilities administered by the National + Oceanic and Atmospheric Administration, the Secretary of + Commerce.''; and + (7) by adding at the end the following: + ``(15) Veteran.--The term `veteran' has the meaning given the + term in section 101 of title 38, United States Code.''. (b) Public Lands Corps Program.--Section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723) is amended-- - (1) by striking subsection (a) and inserting the following: + (1) by striking subsection (a) and inserting the following: ``(a) Establishment of Public Lands Corps.-- - ``(1) In general.--There is established in the Department - of the Interior, the Department of Agriculture, and the - Department of Commerce a corps, to be known as the `Public - Lands Corps'. - ``(2) No effect on other agencies.--Nothing in this - subsection precludes the establishment of a public lands corps - by the head of a Federal department or agency other than a - department described in paragraph (1), in accordance with this - Act.''; - (2) in subsection (b)-- - (A) in the first sentence, by striking - ``individuals between the ages of 16 and 30, - inclusive,'' and inserting ``individuals between the - ages of 16 and 30, inclusive, and veterans age 35 or - younger''; and - (B) in the second sentence, by striking ``section - 137(b) of the National and Community Service Act of - 1990'' and inserting ``paragraphs (1), (2), (4), and - (5) of section 137(a) of the National and Community - Service Act of 1990 (42 U.S.C. 12591(a))''; and - (3) by adding at the end the following: + ``(1) In general.--There is established in the Department of + the Interior, the Department of Agriculture, and the Department of + Commerce a corps, to be known as the `Public Lands Corps'. + ``(2) No effect on other agencies.--Nothing in this subsection + precludes the establishment of a public lands corps by the head of + a Federal department or agency other than a department described in + paragraph (1), in accordance with this Act.''; + (2) in subsection (b)-- + (A) in the first sentence, by striking ``individuals + between the ages of 16 and 30, inclusive,'' and inserting + ``individuals between the ages of 16 and 30, inclusive, and + veterans age 35 or younger''; and + (B) in the second sentence, by striking ``section 137(b) of + the National and Community Service Act of 1990'' and inserting + ``paragraphs (1), (2), (4), and (5) of section 137(a) of the + National and Community Service Act of 1990 (42 U.S.C. + 12591(a))''; and + (3) by adding at the end the following: ``(g) Effect.--Nothing in this section authorizes the use of the Public Lands Corps for projects on or impacting real property owned by, operated by, or within the custody, control, or administrative @@ -15177,63 +13652,60 @@ express permission of the Administrator of General Services.''. participants who reside in their own homes transportation to and from appropriate conservation project sites.''. (d) Resource Assistants.-- - (1) In general.--Section 206(a) of the Public Lands Corps - Act of 1993 (16 U.S.C. 1725(a)) is amended by striking the - first sentence and inserting the following: ``The Secretary may - provide individual placements of resource assistants to carry - out research or resource protection activities on behalf of the - Secretary.''. - (2) Direct hire authority.--Section 121(a) of the - Department of the Interior, Environment, and Related Agencies - Appropriations Act, 2012 (16 U.S.C. 1725a), is amended-- - (A) in paragraph (1)-- - (i) by striking ``Secretary of the - Interior'' and inserting ``Secretary (as - defined in section 203 of the Public Lands - Corps Act of 1993 (16 U.S.C. 1722))''; - (ii) by striking ``paragraph (1)'' and - inserting ``paragraph (2)''; and - (iii) by striking ``with a land managing - agency of the Department of the Interior''; and - (B) in paragraph (2)(A), by striking ``with a land - managing agency'' and inserting ``with the Secretary - (as so defined)''. + (1) In general.--Section 206(a) of the Public Lands Corps Act + of 1993 (16 U.S.C. 1725(a)) is amended by striking the first + sentence and inserting the following: ``The Secretary may provide + individual placements of resource assistants to carry out research + or resource protection activities on behalf of the Secretary.''. + (2) Direct hire authority.--Section 121(a) of the Department of + the Interior, Environment, and Related Agencies Appropriations Act, + 2012 (16 U.S.C. 1725a), is amended-- + (A) in paragraph (1)-- + (i) by striking ``Secretary of the Interior'' and + inserting ``Secretary (as defined in section 203 of the + Public Lands Corps Act of 1993 (16 U.S.C. 1722))''; + (ii) by striking ``paragraph (1)'' and inserting + ``paragraph (2)''; and + (iii) by striking ``with a land managing agency of the + Department of the Interior''; and + (B) in paragraph (2)(A), by striking ``with a land managing + agency'' and inserting ``with the Secretary (as so defined)''. (e) Compensation and Employment Standards.--Section 207 of the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended-- - (1) by striking the section heading and inserting - ``compensation and terms of service''; - (2) by redesignating subsections (b) and (c) as subsections - (c) and (d), respectively; - (3) by inserting after subsection (a) the following: + (1) by striking the section heading and inserting + ``compensation and terms of service''; + (2) by redesignating subsections (b) and (c) as subsections (c) + and (d), respectively; + (3) by inserting after subsection (a) the following: ``(b) Educational Credit.--The Secretary may provide a Corps participant with an educational credit that may be applied toward a program of postsecondary education at an institution of higher education that agrees to award the credit for participation in the Corps.''; - (4) in subsection (c) (as so redesignated)-- - (A) by striking ``Each participant'' and inserting - the following: - ``(1) In general.--Each participant''; and - (B) by adding at the end the following: - ``(2) Indian youth service corps.--With respect to the - Indian Youth Service Corps established under section 210, the - Secretary shall establish the term of service of participants - in consultation with the affected Indian tribe.''; - (5) in subsection (d) (as so redesignated)-- - (A) by redesignating paragraphs (1) and (2) as - subparagraphs (A) and (B), respectively, and indenting - the subparagraphs appropriately; - (B) in the matter preceding subparagraph (A) (as so - redesignated), by striking ``The Secretary'' and - inserting the following: - ``(1) In general.--The Secretary''; and - (C) by adding at the end the following: - ``(2) Time-limited appointment.--For purposes of section - 9602 of title 5, United States Code, a former member of the - Corps hired by the Secretary under paragraph (1)(B) for a time- - limited appointment shall be considered to be appointed - initially under open, competitive examination.''; and - (6) by adding at the end the following: + (4) in subsection (c) (as so redesignated)-- + (A) by striking ``Each participant'' and inserting the + following: + ``(1) In general.--Each participant''; and + (B) by adding at the end the following: + ``(2) Indian youth service corps.--With respect to the Indian + Youth Service Corps established under section 210, the Secretary + shall establish the term of service of participants in consultation + with the affected Indian tribe.''; + (5) in subsection (d) (as so redesignated)-- + (A) by redesignating paragraphs (1) and (2) as + subparagraphs (A) and (B), respectively, and indenting the + subparagraphs appropriately; + (B) in the matter preceding subparagraph (A) (as so + redesignated), by striking ``The Secretary'' and inserting the + following: + ``(1) In general.--The Secretary''; and + (C) by adding at the end the following: + ``(2) Time-limited appointment.--For purposes of section 9602 + of title 5, United States Code, a former member of the Corps hired + by the Secretary under paragraph (1)(B) for a time-limited + appointment shall be considered to be appointed initially under + open, competitive examination.''; and + (6) by adding at the end the following: ``(e) Applicability to Qualified Youth or Conservation Corps.--The hiring and compensation standards described in this section shall apply to any individual participating in an appropriate conservation project @@ -15242,139 +13714,125 @@ individual placed through a contract or cooperative agreement, as approved by the Secretary.''. (f) Reporting and Data Collection.--Title II of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.) is amended-- - (1) by redesignating sections 209 through 211 as sections - 211 through 213, respectively; - (2) by inserting after section 208 the following: - -``SEC. 209. REPORTING AND DATA COLLECTION. - + (1) by redesignating sections 209 through 211 as sections 211 + through 213, respectively; + (2) by inserting after section 208 the following: + ``SEC. 209. REPORTING AND DATA COLLECTION. ``(a) Report.--Not later than 2 years after the date of enactment -of the Natural Resources Management Act, and annually thereafter, the -Chief Executive Officer of the Corporation for National and Community -Service, in coordination with the Secretaries, shall submit to Congress -a report that includes data on the Corps, including-- - ``(1) the number of participants enrolled in the Corps and - the length of the term of service for each participant; - ``(2) the projects carried out by Corps participants, - categorized by type of project and Federal agency; - ``(3) the total amount and sources of funding provided for - the service of participants; - ``(4) the type of service performed by participants and the - impact and accomplishments of the service; and - ``(5) any other similar data determined to be appropriate - by the Chief Executive Officer of the Corporation for National - and Community Service or the Secretaries. +of the John D. Dingell, Jr. Conservation, Management, and Recreation +Act, and annually thereafter, the Chief Executive Officer of the +Corporation for National and Community Service, in coordination with +the Secretaries, shall submit to Congress a report that includes data +on the Corps, including-- + ``(1) the number of participants enrolled in the Corps and the + length of the term of service for each participant; + ``(2) the projects carried out by Corps participants, + categorized by type of project and Federal agency; + ``(3) the total amount and sources of funding provided for the + service of participants; + ``(4) the type of service performed by participants and the + impact and accomplishments of the service; and + ``(5) any other similar data determined to be appropriate by + the Chief Executive Officer of the Corporation for National and + Community Service or the Secretaries. ``(b) Data.--Not later than 1 year after the date of enactment of -the Natural Resources Management Act, and annually thereafter, the -Secretaries shall submit to the Chief Executive Officer of the -Corporation for National and Community Service the data described in -subsection (a). +the John D. Dingell, Jr. Conservation, Management, and Recreation Act, +and annually thereafter, the Secretaries shall submit to the Chief +Executive Officer of the Corporation for National and Community Service +the data described in subsection (a). ``(c) Data Collection.--The Chief Executive Officer of the Corporation for National and Community Service may coordinate with qualified youth or conservation corps to improve the collection of the required data described in subsection (a). ``(d) Coordination.-- - ``(1) In general.--The Secretaries shall, to the maximum - extent practicable, coordinate with each other to carry out - activities authorized under this Act, including-- - ``(A) the data collection and reporting - requirements of this section; and - ``(B) implementing and issuing guidance on - eligibility for noncompetitive hiring status under - section 207(d). - ``(2) Designation of coordinators.--The Secretary shall - designate a coordinator to coordinate and serve as the primary - point of contact for any activity of the Corps carried out by - the Secretary.''; and - (3) in subsection (c) of section 212 (as so redesignated), - by striking ``211'' and inserting ``213''. + ``(1) In general.--The Secretaries shall, to the maximum extent + practicable, coordinate with each other to carry out activities + authorized under this Act, including-- + ``(A) the data collection and reporting requirements of + this section; and + ``(B) implementing and issuing guidance on eligibility for + noncompetitive hiring status under section 207(d). + ``(2) Designation of coordinators.--The Secretary shall + designate a coordinator to coordinate and serve as the primary + point of contact for any activity of the Corps carried out by the + Secretary.''; and + (3) in subsection (c) of section 212 (as so redesignated), by + striking ``211'' and inserting ``213''. (g) Indian Youth Service Corps.--Title II of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.) (as amended by subsection (f)) is amended by inserting after section 209 the following: - -``SEC. 210. INDIAN YOUTH SERVICE CORPS. - + ``SEC. 210. INDIAN YOUTH SERVICE CORPS. ``(a) In General.--There is established within the Public Lands Corps a program to be known as the `Indian Youth Service Corps' that-- - ``(1) enrolls participants between the ages of 16 and 30, - inclusive, and veterans age 35 or younger, a majority of whom - are Indians; - ``(2) is established pursuant to an agreement between an - Indian tribe and a qualified youth or conservation corps for - the benefit of the members of the Indian tribe; and - ``(3) carries out appropriate conservation projects on - eligible service land. + ``(1) enrolls participants between the ages of 16 and 30, + inclusive, and veterans age 35 or younger, a majority of whom are + Indians; + ``(2) is established pursuant to an agreement between an Indian + tribe and a qualified youth or conservation corps for the benefit + of the members of the Indian tribe; and + ``(3) carries out appropriate conservation projects on eligible + service land. ``(b) Authorization of Cooperative Agreements.--The Secretary may enter into cooperative agreements with Indian tribes and qualified youth or conservation corps for the establishment and administration of the Indian Youth Service Corps. ``(c) Guidelines.--Not later than 18 months after the date of -enactment of the Natural Resources Management Act, the Secretary of the -Interior, in consultation with Indian tribes, shall issue guidelines -for the management of the Indian Youth Service Corps, in accordance -with this Act and any other applicable Federal laws.''. - +enactment of the John D. Dingell, Jr. Conservation, Management, and +Recreation Act, the Secretary of the Interior, in consultation with +Indian tribes, shall issue guidelines for the management of the Indian +Youth Service Corps, in accordance with this Act and any other +applicable Federal laws.''. SEC. 9004. NATIONAL NORDIC MUSEUM ACT. - (a) Designation.--The Nordic Museum located at 2655 N.W. Market Street, Seattle, Washington, is designated as the ``National Nordic Museum''. (b) Effect of Designation.-- - (1) In general.--The museum designated by subsection (a) is - not a unit of the National Park System. - (2) Use of federal funds.--The designation of the museum by - subsection (a) shall not require Federal funds to be expended - for any purpose related to the museum. - + (1) In general.--The museum designated by subsection (a) is not + a unit of the National Park System. + (2) Use of federal funds.--The designation of the museum by + subsection (a) shall not require Federal funds to be expended for + any purpose related to the museum. SEC. 9005. DESIGNATION OF NATIONAL GEORGE C. MARSHALL MUSEUM AND - LIBRARY. - +LIBRARY. (a) Designation.--The George C. Marshall Museum and the George C. Marshall Research Library in Lexington, Virginia, are designated as the ``National George C. Marshall Museum and Library'' (referred to in this section as the ``museum)''. (b) Effect of Designation.-- - (1) In general.--The museum designated by subsection (a) is - not a unit of the National Park System. - (2) Use of federal funds.--The designation of the museum by - subsection (a) shall not require Federal funds to be expended - for any purpose related to the museum. - + (1) In general.--The museum designated by subsection (a) is not + a unit of the National Park System. + (2) Use of federal funds.--The designation of the museum by + subsection (a) shall not require Federal funds to be expended for + any purpose related to the museum. SEC. 9006. 21ST CENTURY RESPECT ACT. - (a) Amendments to Regulations Required.-- - (1) Secretary of agriculture.--The Secretary of Agriculture - shall amend section 1901.202 of title 7, Code of Federal - Regulations, for purposes of-- - (A) replacing the reference to the term ``Negro or - Black'' with ``Black or African American''; - (B) replacing the reference to the term ``Spanish - Surname'' with ``Hispanic''; and - (C) replacing the reference to the term - ``Oriental'' with ``Asian American or Pacific - Islander''. - (2) Administrator of general services.--The Administrator - of General Services shall amend section 906.2 of title 36, Code - of Federal Regulations, for purposes of-- - (A) replacing the references to the term ``Negro'' - with ``Black or African American''; - (B) replacing the definition of ``Negro'' with the - definition of ``Black or African American'' as `` an - individual having origins in any of the Black racial - groups of Africa''; - (C) replacing the references to the term - ``Oriental'' with ``Asian American or Pacific - Islander''; and - (D) replacing the references to the terms - ``Eskimo'' and ``Aleut'' with ``Alaska Native''. + (1) Secretary of agriculture.--The Secretary of Agriculture + shall amend section 1901.202 of title 7, Code of Federal + Regulations, for purposes of-- + (A) replacing the reference to the term ``Negro or Black'' + with ``Black or African American''; + (B) replacing the reference to the term ``Spanish Surname'' + with ``Hispanic''; and + (C) replacing the reference to the term ``Oriental'' with + ``Asian American or Pacific Islander''. + (2) Administrator of general services.--The Administrator of + General Services shall amend section 906.2 of title 36, Code of + Federal Regulations, for purposes of-- + (A) replacing the references to the term ``Negro'' with + ``Black or African American''; + (B) replacing the definition of ``Negro'' with the + definition of ``Black or African American'' as `` an individual + having origins in any of the Black racial groups of Africa''; + (C) replacing the references to the term ``Oriental'' with + ``Asian American or Pacific Islander''; and + (D) replacing the references to the terms ``Eskimo'' and + ``Aleut'' with ``Alaska Native''. (b) Rule of Construction.--Nothing in this section, or the amendments required by this section, shall be construed to affect Federal law, except with respect to the use of terms by the Secretary of Agriculture and the Administrator of General Services, respectively, to the regulations affected by this section. - SEC. 9007. AMERICAN WORLD WAR II HERITAGE CITIES. - (a) Designation.--In order to recognize and ensure the continued preservation and importance of the history of the United States involvement in World War II, each calendar year the Secretary may @@ -15383,78 +13841,73 @@ territory of the United States as an ``American World War II Heritage City''. Not more than 1 city in each State or territory may be designated under this section. (b) Application for Designation.--The Secretary may-- - (1) establish and publicize the process by which a city may - apply for designation as an American World War II Heritage City - based on the criteria in subsection (c); and - (2) encourage cities to apply for designation as an - American World War II Heritage City. + (1) establish and publicize the process by which a city may + apply for designation as an American World War II Heritage City + based on the criteria in subsection (c); and + (2) encourage cities to apply for designation as an American + World War II Heritage City. (c) Criteria for Designation.--The Secretary, in consultation with the Secretary of the Smithsonian Institution or the President of the National Trust for Historic Preservation, shall make each designation under subsection (a) based on the following criteria: - (1) Contributions by a city and its environs to the World - War II home-front war effort, including contributions related - to-- - (A) defense manufacturing, such as ships, aircraft, - uniforms, and equipment; - (B) production of foodstuffs and consumer items for - Armed Forces and home consumption; - (C) war bond drives; - (D) adaptations to wartime survival; - (E) volunteer participation; - (F) civil defense preparedness; - (G) personnel serving in the Armed Forces, their - achievements, and facilities for their rest and - recreation; or - (H) the presence of Armed Forces camps, bases, - airfields, harbors, repair facilities, and other - installations within or in its environs. - (2) Achievements by a city and its environs to preserve the - heritage and legacy of the city's contributions to the war - effort and to preserve World War II history, including-- - (A) the identification, preservation, restoration, - and interpretation of World War II-related structures, - facilities and sites; - (B) establishment of museums, parks, and markers; - (C) establishment of memorials to area men who lost - their lives in service; - (D) organizing groups of veterans and home-front - workers and their recognition; - (E) presentation of cultural events such as dances, - plays, and lectures; - (F) public relations outreach through the print and - electronic media, and books; and - (G) recognition and ceremonies remembering wartime - event anniversaries. - + (1) Contributions by a city and its environs to the World War + II home-front war effort, including contributions related to-- + (A) defense manufacturing, such as ships, aircraft, + uniforms, and equipment; + (B) production of foodstuffs and consumer items for Armed + Forces and home consumption; + (C) war bond drives; + (D) adaptations to wartime survival; + (E) volunteer participation; + (F) civil defense preparedness; + (G) personnel serving in the Armed Forces, their + achievements, and facilities for their rest and recreation; or + (H) the presence of Armed Forces camps, bases, airfields, + harbors, repair facilities, and other installations within or + in its environs. + (2) Achievements by a city and its environs to preserve the + heritage and legacy of the city's contributions to the war effort + and to preserve World War II history, including-- + (A) the identification, preservation, restoration, and + interpretation of World War II-related structures, facilities + and sites; + (B) establishment of museums, parks, and markers; + (C) establishment of memorials to area men who lost their + lives in service; + (D) organizing groups of veterans and home-front workers + and their recognition; + (E) presentation of cultural events such as dances, plays, + and lectures; + (F) public relations outreach through the print and + electronic media, and books; and + (G) recognition and ceremonies remembering wartime event + anniversaries. SEC. 9008. QUINDARO TOWNSITE NATIONAL COMMEMORATIVE SITE. - (a) Definitions.--In this section: - (1) Commemorative site.--The term ``Commemorative Site'' - means the Quindaro Townsite National Commemorative Site - designated by subsection (b)(1). - (2) State.--The term ``State'' means the State of Kansas. + (1) Commemorative site.--The term ``Commemorative Site'' means + the Quindaro Townsite National Commemorative Site designated by + subsection (b)(1). + (2) State.--The term ``State'' means the State of Kansas. (b) Designation.-- - (1) In general.--The Quindaro Townsite in Kansas City, - Kansas, as listed on the National Register of Historic Places, - is designated as the ``Quindaro Townsite National Commemorative - Site''. - (2) Effect of designation.--The Commemorative Site shall - not be considered to be a unit of the National Park System. + (1) In general.--The Quindaro Townsite in Kansas City, Kansas, + as listed on the National Register of Historic Places, is + designated as the ``Quindaro Townsite National Commemorative + Site''. + (2) Effect of designation.--The Commemorative Site shall not be + considered to be a unit of the National Park System. (c) Cooperative Agreements.-- - (1) In general.--The Secretary, in consultation with the - State, Kansas City, Kansas, and affected subdivisions of the - State, may enter into cooperative agreements with appropriate - public or private entities, for the purposes of-- - (A) protecting historic resources at the - Commemorative Site; and - (B) providing educational and interpretive - facilities and programs at the Commemorative Site for - the public. - (2) Technical and financial assistance.--The Secretary may - provide technical and financial assistance to any entity with - which the Secretary has entered into a cooperative agreement - under paragraph (1). + (1) In general.--The Secretary, in consultation with the State, + Kansas City, Kansas, and affected subdivisions of the State, may + enter into cooperative agreements with appropriate public or + private entities, for the purposes of-- + (A) protecting historic resources at the Commemorative + Site; and + (B) providing educational and interpretive facilities and + programs at the Commemorative Site for the public. + (2) Technical and financial assistance.--The Secretary may + provide technical and financial assistance to any entity with which + the Secretary has entered into a cooperative agreement under + paragraph (1). (d) No Effect on Actions of Property Owners.--Designation of the Quindaro Townsite as a National Commemorative Site shall not prohibit any actions that may otherwise be taken by a property owner (including @@ -15463,37 +13916,21 @@ the owner. (e) No Effect on Administration.--Nothing in this section affects the administration of the Commemorative Site by Kansas City, Kansas, or the State. - SEC. 9009. DESIGNATION OF NATIONAL COMEDY CENTER IN JAMESTOWN, NEW - YORK. - +YORK. (a) Congressional Recognition.--Congress-- - (1) recognizes that the National Comedy Center, located in - Jamestown, New York, is the only museum of its kind that exists - for the exclusive purpose of celebrating comedy in all its - forms; and - (2) officially designates the National Comedy Center as the - ``National Comedy Center'' (referred to in this section as the - ``Center''). + (1) recognizes that the National Comedy Center, located in + Jamestown, New York, is the only museum of its kind that exists for + the exclusive purpose of celebrating comedy in all its forms; and + (2) officially designates the National Comedy Center as the + ``National Comedy Center'' (referred to in this section as the + ``Center''). (b) Effect of Recognition.--The National Comedy Center recognized in this section is not a unit of the National Park System and the designation of the Center shall not be construed to require or permit Federal funds to be expended for any purpose related to the Center. - Passed the Senate February 12, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 47 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To provide for the management of the natural resources of the United - States, and for other purposes. + Vice President of the United States and + President of the Senate. From ef1e5cca1373e0e8b79e33a2130b8804c61e46df Mon Sep 17 00:00:00 2001 From: "Sen. Lee, Mike [R-UT]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 667/984] Senate-49: Introduced to Senate --- bills_text/Senate-49.txt | 128 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 128 insertions(+) create mode 100644 bills_text/Senate-49.txt diff --git a/bills_text/Senate-49.txt b/bills_text/Senate-49.txt new file mode 100644 index 0000000..4845d41 --- /dev/null +++ b/bills_text/Senate-49.txt @@ -0,0 +1,128 @@ +116th CONGRESS + 1st Session + S. 49 + + To designate the outstation of the Department of Veterans Affairs in + North Ogden, Utah, as the Major Brent Taylor Vet Center Outstation. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 8, 2019 + + Mr. Lee (for himself and Mr. Romney) introduced the following bill; +which was read twice and referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the outstation of the Department of Veterans Affairs in + North Ogden, Utah, as the Major Brent Taylor Vet Center Outstation. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. FINDINGS. + + Congress finds the following: + (1) Major Brent Taylor began his military service following + the attacks of September 11, 2001. He joined the Army National + Guard in 2003, three days after his engagement to his wife, + Jennie. Five of his brothers would eventually serve in the + Armed Forces following the deadly attacks. + (2) During his time in the Army National Guard, Major + Taylor distinguished himself in service to the United States + and the State of Utah. He received a commission as a second + lieutenant from the Brigham Young University Reserve Officer + Training Corps in 2006, while graduating as a member of the + National Society of Collegiate Scholars. + (3) During his impressive career with the Utah National + Guard, Major Taylor distinguished himself in multiple + specialties, including Intelligence and Military Police. One of + his earliest assignments included analyzing foreign language + documents in support of the Defense Intelligence Agency. He + also led document exploitation efforts in multiple European and + South American languages for a variety of intelligence + community customers. Major Taylor also managed a team that + assessed security vulnerabilities at high-profile facilities + across the United States, all while maintaining a successful + private sector career in Utah. + (4) Major Taylor was continuously ready to take up a call + to arms from the United States and deployed four times in + support of operations in Iraq and Afghanistan. His deployed + duties varied from Platoon Leader and Combat Advisor to Chief + of Staff to the Special Operations Advisory Group, responsible + for leading a joint task force advising and assisting an elite + Afghan special operations unit. + (5) Throughout his deployments, Major Taylor distinguished + himself on several occasions, earning a multitude of awards + including the Bronze Star. The citation credits the ability of + Major Taylor to think calmly and decisively to keep his + subordinates safe while traversing 600,000 miles of roads in + Iraq, laden with improvised explosive devices (commonly + referred to as ``IED'') and ripe for ambush. + (6) During one particularly harrowing mission, Major + Taylor's vehicle was struck by an IED. Although he survived the + attack, the wounds he received earned him the Purple Heart. + (7) Major Taylor's amazing record of service was not + limited to the battlefield. In 2010, he served as a member of + the North Ogden City Council and, in 2013, Major Taylor was + elected mayor. His steadfast leadership led to the city being + recognized as ``Business Friendly'' by the Governor of Utah, + and as one of the safest, freest cities in the United States by + several organizations. His initiatives included improvements to + public works and infrastructure, attracting businesses to the + area, developing a local community center, and increasing + transparency. His action led his constituents to reelect Major + Taylor in 2017. + (8) In 2018, Major Taylor placed himself on a leave of + absence from his mayoral duties in order to deploy to + Afghanistan, explaining to his constituents, ``Service is what + leadership is all about.''. + (9) While serving in Afghanistan, a dear colleague, Afghani + Lieutenant Kefayatullah, was killed shortly before the Afghan + elections. Major Taylor wrote, ``The strong turnout at that + election, despite the attacks and challenges, was a success for + the long-suffering people of Afghanistan, and for the cause of + human freedom. I am proud of the brave Afghan and U.S. soldiers + I serve with. Many American, NATO and Afghan troops have died + to make moments like this election possible.''. He also + extolled the American public to embrace its civic duty, + stating, ``I hope everyone back home exercises their precious + right to vote. And that whether the Republicans or Democrats + win, that we all remember that we have far more as Americans + that unites us than divides us.''. + (10) Tragically, on Saturday, November 3, 2018, Major + Taylor was killed in an attack in Afghanistan. He was survived + by his wife, Jennie, and his seven children, Megan, Lincoln, + Alex, Jacob, Ellie, Jonathan, and Caroline. + (11) The impression that Major Taylor left was indelible. + An Afghan officer who had served with Major Taylor penned a + letter to his wife, stating, ``Your husband taught me to love + my wife Hamida as an equal and treat my children as treasured + gifts, to be a better father, to be a better husband, and to be + a better man.''. That officer further commented that, ``He died + on our soil but he died for the success of freedom and + democracy in both of our countries.''. + (12) It is only well and fitting that, as a tribute to the + amazing life of Major Taylor, Congress name a facility in honor + of Major Taylor's shining example of service and sacrifice. + +SEC. 2. DESIGNATION OF MAJOR BRENT TAYLOR VET CENTER OUTSTATION IN + NORTH OGDEN, UTAH. + + (a) Designation.--The outstation of the Department of Veterans +Affairs located at 2357 North 400 East Washington Boulevard, North +Ogden, Utah, shall after the date of the enactment of this Act be known +and designated as the ``Major Brent Taylor Vet Center Outstation''. + (b) Reference.--Any reference in any law, regulation, map, +document, paper, or other record of the United States to the facility +referred to in subsection (a) shall be considered to be a reference to +the Major Brent Taylor Vet Center Outstation. + \ No newline at end of file From 779651784e6b0e218d109c1e0466f7f2fa5bf307 Mon Sep 17 00:00:00 2001 From: "Sen. Lee, Mike [R-UT]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 668/984] Senate-49: Engrossed in Senate --- bills_text/Senate-49.txt | 35 +++++++++++++++++++---------------- 1 file changed, 19 insertions(+), 16 deletions(-) diff --git a/bills_text/Senate-49.txt b/bills_text/Senate-49.txt index 4845d41..7130beb 100644 --- a/bills_text/Senate-49.txt +++ b/bills_text/Senate-49.txt @@ -2,23 +2,9 @@ 1st Session S. 49 - To designate the outstation of the Department of Veterans Affairs in - North Ogden, Utah, as the Major Brent Taylor Vet Center Outstation. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - January 8, 2019 - - Mr. Lee (for himself and Mr. Romney) introduced the following bill; -which was read twice and referred to the Committee on Veterans' Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -125,4 +111,21 @@ and designated as the ``Major Brent Taylor Vet Center Outstation''. document, paper, or other record of the United States to the facility referred to in subsection (a) shall be considered to be a reference to the Major Brent Taylor Vet Center Outstation. - \ No newline at end of file + + Passed the Senate February 5, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 49 + +_______________________________________________________________________ + + AN ACT + + To designate the outstation of the Department of Veterans Affairs in + North Ogden, Utah, as the Major Brent Taylor Vet Center Outstation. From e7dc209b2c9f6b0cba19d55a3701ad325caf370e Mon Sep 17 00:00:00 2001 From: "Sen. Lee, Mike [R-UT]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 669/984] Senate-49: Enrolled --- bills_text/Senate-49.txt | 209 +++++++++++++++++++-------------------- 1 file changed, 99 insertions(+), 110 deletions(-) diff --git a/bills_text/Senate-49.txt b/bills_text/Senate-49.txt index 7130beb..294ab64 100644 --- a/bills_text/Senate-49.txt +++ b/bills_text/Senate-49.txt @@ -1,108 +1,110 @@ -116th CONGRESS - 1st Session - S. 49 + S.49 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the outstation of the Department of Veterans Affairs in - North Ogden, Utah, as the Major Brent Taylor Vet Center Outstation. + To designate the outstation of the Department of Veterans Affairs in + North Ogden, Utah, as the Major Brent Taylor Vet Center Outstation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. FINDINGS. - Congress finds the following: - (1) Major Brent Taylor began his military service following - the attacks of September 11, 2001. He joined the Army National - Guard in 2003, three days after his engagement to his wife, - Jennie. Five of his brothers would eventually serve in the - Armed Forces following the deadly attacks. - (2) During his time in the Army National Guard, Major - Taylor distinguished himself in service to the United States - and the State of Utah. He received a commission as a second - lieutenant from the Brigham Young University Reserve Officer - Training Corps in 2006, while graduating as a member of the - National Society of Collegiate Scholars. - (3) During his impressive career with the Utah National - Guard, Major Taylor distinguished himself in multiple - specialties, including Intelligence and Military Police. One of - his earliest assignments included analyzing foreign language - documents in support of the Defense Intelligence Agency. He - also led document exploitation efforts in multiple European and - South American languages for a variety of intelligence - community customers. Major Taylor also managed a team that - assessed security vulnerabilities at high-profile facilities - across the United States, all while maintaining a successful - private sector career in Utah. - (4) Major Taylor was continuously ready to take up a call - to arms from the United States and deployed four times in - support of operations in Iraq and Afghanistan. His deployed - duties varied from Platoon Leader and Combat Advisor to Chief - of Staff to the Special Operations Advisory Group, responsible - for leading a joint task force advising and assisting an elite - Afghan special operations unit. - (5) Throughout his deployments, Major Taylor distinguished - himself on several occasions, earning a multitude of awards - including the Bronze Star. The citation credits the ability of - Major Taylor to think calmly and decisively to keep his - subordinates safe while traversing 600,000 miles of roads in - Iraq, laden with improvised explosive devices (commonly - referred to as ``IED'') and ripe for ambush. - (6) During one particularly harrowing mission, Major - Taylor's vehicle was struck by an IED. Although he survived the - attack, the wounds he received earned him the Purple Heart. - (7) Major Taylor's amazing record of service was not - limited to the battlefield. In 2010, he served as a member of - the North Ogden City Council and, in 2013, Major Taylor was - elected mayor. His steadfast leadership led to the city being - recognized as ``Business Friendly'' by the Governor of Utah, - and as one of the safest, freest cities in the United States by - several organizations. His initiatives included improvements to - public works and infrastructure, attracting businesses to the - area, developing a local community center, and increasing - transparency. His action led his constituents to reelect Major - Taylor in 2017. - (8) In 2018, Major Taylor placed himself on a leave of - absence from his mayoral duties in order to deploy to - Afghanistan, explaining to his constituents, ``Service is what - leadership is all about.''. - (9) While serving in Afghanistan, a dear colleague, Afghani - Lieutenant Kefayatullah, was killed shortly before the Afghan - elections. Major Taylor wrote, ``The strong turnout at that - election, despite the attacks and challenges, was a success for - the long-suffering people of Afghanistan, and for the cause of - human freedom. I am proud of the brave Afghan and U.S. soldiers - I serve with. Many American, NATO and Afghan troops have died - to make moments like this election possible.''. He also - extolled the American public to embrace its civic duty, - stating, ``I hope everyone back home exercises their precious - right to vote. And that whether the Republicans or Democrats - win, that we all remember that we have far more as Americans - that unites us than divides us.''. - (10) Tragically, on Saturday, November 3, 2018, Major - Taylor was killed in an attack in Afghanistan. He was survived - by his wife, Jennie, and his seven children, Megan, Lincoln, - Alex, Jacob, Ellie, Jonathan, and Caroline. - (11) The impression that Major Taylor left was indelible. - An Afghan officer who had served with Major Taylor penned a - letter to his wife, stating, ``Your husband taught me to love - my wife Hamida as an equal and treat my children as treasured - gifts, to be a better father, to be a better husband, and to be - a better man.''. That officer further commented that, ``He died - on our soil but he died for the success of freedom and - democracy in both of our countries.''. - (12) It is only well and fitting that, as a tribute to the - amazing life of Major Taylor, Congress name a facility in honor - of Major Taylor's shining example of service and sacrifice. - + (1) Major Brent Taylor began his military service following the + attacks of September 11, 2001. He joined the Army National Guard in + 2003, three days after his engagement to his wife, Jennie. Five of + his brothers would eventually serve in the Armed Forces following + the deadly attacks. + (2) During his time in the Army National Guard, Major Taylor + distinguished himself in service to the United States and the State + of Utah. He received a commission as a second lieutenant from the + Brigham Young University Reserve Officer Training Corps in 2006, + while graduating as a member of the National Society of Collegiate + Scholars. + (3) During his impressive career with the Utah National Guard, + Major Taylor distinguished himself in multiple specialties, + including Intelligence and Military Police. One of his earliest + assignments included analyzing foreign language documents in + support of the Defense Intelligence Agency. He also led document + exploitation efforts in multiple European and South American + languages for a variety of intelligence community customers. Major + Taylor also managed a team that assessed security vulnerabilities + at high-profile facilities across the United States, all while + maintaining a successful private sector career in Utah. + (4) Major Taylor was continuously ready to take up a call to + arms from the United States and deployed four times in support of + operations in Iraq and Afghanistan. His deployed duties varied from + Platoon Leader and Combat Advisor to Chief of Staff to the Special + Operations Advisory Group, responsible for leading a joint task + force advising and assisting an elite Afghan special operations + unit. + (5) Throughout his deployments, Major Taylor distinguished + himself on several occasions, earning a multitude of awards + including the Bronze Star. The citation credits the ability of + Major Taylor to think calmly and decisively to keep his + subordinates safe while traversing 600,000 miles of roads in Iraq, + laden with improvised explosive devices (commonly referred to as + ``IED'') and ripe for ambush. + (6) During one particularly harrowing mission, Major Taylor's + vehicle was struck by an IED. Although he survived the attack, the + wounds he received earned him the Purple Heart. + (7) Major Taylor's amazing record of service was not limited to + the battlefield. In 2010, he served as a member of the North Ogden + City Council and, in 2013, Major Taylor was elected mayor. His + steadfast leadership led to the city being recognized as ``Business + Friendly'' by the Governor of Utah, and as one of the safest, + freest cities in the United States by several organizations. His + initiatives included improvements to public works and + infrastructure, attracting businesses to the area, developing a + local community center, and increasing transparency. His action led + his constituents to reelect Major Taylor in 2017. + (8) In 2018, Major Taylor placed himself on a leave of absence + from his mayoral duties in order to deploy to Afghanistan, + explaining to his constituents, ``Service is what leadership is all + about.''. + (9) While serving in Afghanistan, a dear colleague, Afghani + Lieutenant Kefayatullah, was killed shortly before the Afghan + elections. Major Taylor wrote, ``The strong turnout at that + election, despite the attacks and challenges, was a success for the + long-suffering people of Afghanistan, and for the cause of human + freedom. I am proud of the brave Afghan and U.S. soldiers I serve + with. Many American, NATO and Afghan troops have died to make + moments like this election possible.''. He also extolled the + American public to embrace its civic duty, stating, ``I hope + everyone back home exercises their precious right to vote. And that + whether the Republicans or Democrats win, that we all remember that + we have far more as Americans that unites us than divides us.''. + (10) Tragically, on Saturday, November 3, 2018, Major Taylor + was killed in an attack in Afghanistan. He was survived by his + wife, Jennie, and his seven children, Megan, Lincoln, Alex, Jacob, + Ellie, Jonathan, and Caroline. + (11) The impression that Major Taylor left was indelible. An + Afghan officer who had served with Major Taylor penned a letter to + his wife, stating, ``Your husband taught me to love my wife Hamida + as an equal and treat my children as treasured gifts, to be a + better father, to be a better husband, and to be a better man.''. + That officer further commented that, ``He died on our soil but he + died for the success of freedom and democracy in both of our + countries.''. + (12) It is only well and fitting that, as a tribute to the + amazing life of Major Taylor, Congress name a facility in honor of + Major Taylor's shining example of service and sacrifice. SEC. 2. DESIGNATION OF MAJOR BRENT TAYLOR VET CENTER OUTSTATION IN - NORTH OGDEN, UTAH. - +NORTH OGDEN, UTAH. (a) Designation.--The outstation of the Department of Veterans Affairs located at 2357 North 400 East Washington Boulevard, North Ogden, Utah, shall after the date of the enactment of this Act be known @@ -112,20 +114,7 @@ document, paper, or other record of the United States to the facility referred to in subsection (a) shall be considered to be a reference to the Major Brent Taylor Vet Center Outstation. - Passed the Senate February 5, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 49 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the outstation of the Department of Veterans Affairs in - North Ogden, Utah, as the Major Brent Taylor Vet Center Outstation. + Vice President of the United States and + President of the Senate. From c936b01b1763b7b0fa2f834b9759af2874789d44 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 670/984] Senate-50: Introduced to Senate --- bills_text/Senate-50.txt | 102 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 102 insertions(+) create mode 100644 bills_text/Senate-50.txt diff --git a/bills_text/Senate-50.txt b/bills_text/Senate-50.txt new file mode 100644 index 0000000..8f0d86d --- /dev/null +++ b/bills_text/Senate-50.txt @@ -0,0 +1,102 @@ +116th CONGRESS + 1st Session + S. 50 + + To authorize the Secretary of the Interior to assess sanitation and + safety conditions at Bureau of Indian Affairs facilities that were +constructed to provide affected Columbia River Treaty tribes access to + traditional fishing grounds and expend funds on construction of + facilities and structures to improve those conditions, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 8, 2019 + + Mr. Merkley (for himself, Mrs. Murray, Mr. Wyden, and Ms. Cantwell) +introduced the following bill; which was read twice and referred to the + Committee on Indian Affairs + +_______________________________________________________________________ + + A BILL + + + + To authorize the Secretary of the Interior to assess sanitation and + safety conditions at Bureau of Indian Affairs facilities that were +constructed to provide affected Columbia River Treaty tribes access to + traditional fishing grounds and expend funds on construction of + facilities and structures to improve those conditions, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Columbia River In-Lieu and Treaty +Fishing Access Sites Improvement Act''. + +SEC. 2. SANITATION AND SAFETY CONDITIONS AT CERTAIN BUREAU OF INDIAN + AFFAIRS FACILITIES. + + (a) Assessment of Conditions.--The Secretary of the Interior, +acting through the Bureau of Indian Affairs, in consultation with the +affected Columbia River Treaty tribes, may assess current sanitation +and safety conditions on lands held by the United States for the +benefit of the affected Columbia River Treaty tribes, including all +permanent Federal structures and improvements on those lands, that were +set aside to provide affected Columbia River Treaty tribes access to +traditional fishing grounds-- + (1) in accordance with the Act of March 2, 1945 (59 Stat. + 10, chapter 19) (commonly known as the ``River and Harbor Act + of 1945''); or + (2) in accordance with title IV of Public Law 100-581 (102 + Stat. 2944). + (b) Exclusive Authorization; Contracts.--The Secretary of the +Interior, acting through the Bureau of Indian Affairs-- + (1) subject to paragraph (2)(B), shall be the only Federal + agency authorized to carry out the activities described in this + section; and + (2) may delegate the authority to carry out activities + described in paragraphs (1) and (2) of subsection (d)-- + (A) through one or more contracts entered into with + an Indian Tribe or Tribal organization under the Indian + Self-Determination and Education Assistance Act (25 + U.S.C. 5301 et seq.); or + (B) to include other Federal agencies that have + relevant expertise. + (c) Definition of Affected Columbia River Treaty Tribes.--In this +section, the term ``affected Columbia River Treaty tribes'' means the +Nez Perce Tribe, the Confederated Tribes of Umatilla Indian +Reservation, the Confederated Tribes of the Warm Springs Reservation of +Oregon, and the Confederated Tribes and Bands of the Yakama Nation. + (d) Authorization of Appropriations.--There are authorized to be +appropriated to the Secretary of the Interior such sums as are +necessary, to remain available until expended-- + (1) for improvements to existing structures and + infrastructure to improve sanitation and safety conditions + assessed under subsection (a); and + (2) to improve access to electricity, sewer, and water + infrastructure, where feasible, to reflect needs for sanitary + and safe use of facilities referred to in subsection (a). + +SEC. 3. STUDY OF ASSESSMENT AND IMPROVEMENT ACTIVITIES. + + The Comptroller General of the United States, in consultation with +the Committee on Indian Affairs of the Senate, shall-- + (1) conduct a study to evaluate whether the sanitation and + safety conditions on lands held by the United States for the + benefit of the affected Columbia River Treaty tribes (as + defined in section 2(c)) have improved as a result of the + activities authorized in section 2; and + (2) prepare and submit to the Committee on Indian Affairs + of the Senate and the Committee on Natural Resources of the + House of Representatives a report containing the results of + that study. + \ No newline at end of file From 8c31584651a74282e4b3bf080bd1e32b706c1471 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 671/984] Senate-50: Engrossed in Senate --- bills_text/Senate-50.txt | 49 +++++++++++++++++++++------------------- 1 file changed, 26 insertions(+), 23 deletions(-) diff --git a/bills_text/Senate-50.txt b/bills_text/Senate-50.txt index 8f0d86d..203b272 100644 --- a/bills_text/Senate-50.txt +++ b/bills_text/Senate-50.txt @@ -2,28 +2,9 @@ 1st Session S. 50 - To authorize the Secretary of the Interior to assess sanitation and - safety conditions at Bureau of Indian Affairs facilities that were -constructed to provide affected Columbia River Treaty tribes access to - traditional fishing grounds and expend funds on construction of - facilities and structures to improve those conditions, and for other - purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - January 8, 2019 - - Mr. Merkley (for himself, Mrs. Murray, Mr. Wyden, and Ms. Cantwell) -introduced the following bill; which was read twice and referred to the - Committee on Indian Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -77,8 +58,9 @@ Nez Perce Tribe, the Confederated Tribes of Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Confederated Tribes and Bands of the Yakama Nation. (d) Authorization of Appropriations.--There are authorized to be -appropriated to the Secretary of the Interior such sums as are -necessary, to remain available until expended-- +appropriated to the Secretary of the Interior $11,000,000 for the +period of fiscal years 2020 through 2025, to remain available until +expended-- (1) for improvements to existing structures and infrastructure to improve sanitation and safety conditions assessed under subsection (a); and @@ -99,4 +81,25 @@ the Committee on Indian Affairs of the Senate, shall-- of the Senate and the Committee on Natural Resources of the House of Representatives a report containing the results of that study. - \ No newline at end of file + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 50 + +_______________________________________________________________________ + + AN ACT + + To authorize the Secretary of the Interior to assess sanitation and + safety conditions at Bureau of Indian Affairs facilities that were +constructed to provide affected Columbia River Treaty tribes access to + traditional fishing grounds and expend funds on construction of + facilities and structures to improve those conditions, and for other + purposes. From fa1e3ee3b9f910e7df17f7c4acf8c7cb98cf33c5 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 672/984] Senate-50: Enrolled --- bills_text/Senate-50.txt | 123 +++++++++++++++++---------------------- 1 file changed, 54 insertions(+), 69 deletions(-) diff --git a/bills_text/Senate-50.txt b/bills_text/Senate-50.txt index 203b272..3d4f8c6 100644 --- a/bills_text/Senate-50.txt +++ b/bills_text/Senate-50.txt @@ -1,31 +1,36 @@ -116th CONGRESS - 1st Session - S. 50 + S.50 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To authorize the Secretary of the Interior to assess sanitation and - safety conditions at Bureau of Indian Affairs facilities that were -constructed to provide affected Columbia River Treaty tribes access to + safety conditions at Bureau of Indian Affairs facilities that were + constructed to provide affected Columbia River Treaty tribes access to traditional fishing grounds and expend funds on construction of - facilities and structures to improve those conditions, and for other - purposes. + facilities and structures to improve those conditions, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Columbia River In-Lieu and Treaty Fishing Access Sites Improvement Act''. - SEC. 2. SANITATION AND SAFETY CONDITIONS AT CERTAIN BUREAU OF INDIAN - AFFAIRS FACILITIES. - +AFFAIRS FACILITIES. (a) Assessment of Conditions.--The Secretary of the Interior, acting through the Bureau of Indian Affairs, in consultation with the affected Columbia River Treaty tribes, may assess current sanitation @@ -34,24 +39,24 @@ benefit of the affected Columbia River Treaty tribes, including all permanent Federal structures and improvements on those lands, that were set aside to provide affected Columbia River Treaty tribes access to traditional fishing grounds-- - (1) in accordance with the Act of March 2, 1945 (59 Stat. - 10, chapter 19) (commonly known as the ``River and Harbor Act - of 1945''); or - (2) in accordance with title IV of Public Law 100-581 (102 - Stat. 2944). + (1) in accordance with the Act of March 2, 1945 (59 Stat. 10, + chapter 19) (commonly known as the ``River and Harbor Act of + 1945''); or + (2) in accordance with title IV of Public Law 100-581 (102 + Stat. 2944). (b) Exclusive Authorization; Contracts.--The Secretary of the Interior, acting through the Bureau of Indian Affairs-- - (1) subject to paragraph (2)(B), shall be the only Federal - agency authorized to carry out the activities described in this - section; and - (2) may delegate the authority to carry out activities - described in paragraphs (1) and (2) of subsection (d)-- - (A) through one or more contracts entered into with - an Indian Tribe or Tribal organization under the Indian - Self-Determination and Education Assistance Act (25 - U.S.C. 5301 et seq.); or - (B) to include other Federal agencies that have - relevant expertise. + (1) subject to paragraph (2)(B), shall be the only Federal + agency authorized to carry out the activities described in this + section; and + (2) may delegate the authority to carry out activities + described in paragraphs (1) and (2) of subsection (d)-- + (A) through one or more contracts entered into with an + Indian Tribe or Tribal organization under the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5301 et + seq.); or + (B) to include other Federal agencies that have relevant + expertise. (c) Definition of Affected Columbia River Treaty Tribes.--In this section, the term ``affected Columbia River Treaty tribes'' means the Nez Perce Tribe, the Confederated Tribes of Umatilla Indian @@ -61,45 +66,25 @@ Oregon, and the Confederated Tribes and Bands of the Yakama Nation. appropriated to the Secretary of the Interior $11,000,000 for the period of fiscal years 2020 through 2025, to remain available until expended-- - (1) for improvements to existing structures and - infrastructure to improve sanitation and safety conditions - assessed under subsection (a); and - (2) to improve access to electricity, sewer, and water - infrastructure, where feasible, to reflect needs for sanitary - and safe use of facilities referred to in subsection (a). - + (1) for improvements to existing structures and infrastructure + to improve sanitation and safety conditions assessed under + subsection (a); and + (2) to improve access to electricity, sewer, and water + infrastructure, where feasible, to reflect needs for sanitary and + safe use of facilities referred to in subsection (a). SEC. 3. STUDY OF ASSESSMENT AND IMPROVEMENT ACTIVITIES. - The Comptroller General of the United States, in consultation with the Committee on Indian Affairs of the Senate, shall-- - (1) conduct a study to evaluate whether the sanitation and - safety conditions on lands held by the United States for the - benefit of the affected Columbia River Treaty tribes (as - defined in section 2(c)) have improved as a result of the - activities authorized in section 2; and - (2) prepare and submit to the Committee on Indian Affairs - of the Senate and the Committee on Natural Resources of the - House of Representatives a report containing the results of - that study. - - Passed the Senate June 27, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 50 - -_______________________________________________________________________ - - AN ACT - - To authorize the Secretary of the Interior to assess sanitation and - safety conditions at Bureau of Indian Affairs facilities that were -constructed to provide affected Columbia River Treaty tribes access to - traditional fishing grounds and expend funds on construction of - facilities and structures to improve those conditions, and for other - purposes. + (1) conduct a study to evaluate whether the sanitation and + safety conditions on lands held by the United States for the + benefit of the affected Columbia River Treaty tribes (as defined in + section 2(c)) have improved as a result of the activities + authorized in section 2; and + (2) prepare and submit to the Committee on Indian Affairs of + the Senate and the Committee on Natural Resources of the House of + Representatives a report containing the results of that study. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 32432d8b238cb904816da3e86ee288b02d6379d5 Mon Sep 17 00:00:00 2001 From: "Sen. Toomey, Pat [R-PA]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 673/984] Senate-134: Introduced to Senate --- bills_text/Senate-134.txt | 72 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 72 insertions(+) create mode 100644 bills_text/Senate-134.txt diff --git a/bills_text/Senate-134.txt b/bills_text/Senate-134.txt new file mode 100644 index 0000000..b2d9eea --- /dev/null +++ b/bills_text/Senate-134.txt @@ -0,0 +1,72 @@ +116th CONGRESS + 1st Session + S. 134 + + To amend title 18, United States Code, with regard to stalking. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 15, 2019 + + Mr. Toomey (for himself and Mr. Casey) introduced the following bill; + which was read twice and referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To amend title 18, United States Code, with regard to stalking. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Combat Online Predators Act''. + +SEC. 2. ENHANCED PENALTY FOR STALKERS OF CHILDREN. + + (a) In General.--Chapter 110A of title 18, United States Code, is +amended by inserting after section 2261A the following: +``Sec. 2261B. Enhanced penalty for stalkers of children + ``(a) In General.--Except as provided in subsection (b), if the +victim of an offense under section 2261A is under the age of 18 years, +the maximum imprisonment for the offense is 5 years greater than the +maximum term of imprisonment otherwise provided for that offense in +section 2261. + ``(b) Limitation.--Subsection (a) shall not apply to a person who +violates section 2261A if-- + ``(1) the person is subject to a sentence under section + 2261(b)(5); and + ``(2)(A) the person is under the age of 18 at the time the + offense occurred; or + ``(B) the victim of the offense is not less than 15 nor + more than 17 years of age and not more than 3 years younger + than the person who committed the offense at the time the + offense occurred.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 110A of title 18, United States Code, is amended by inserting +after the item relating to section 2261A the following new item: + +``2261B. Enhanced penalty for stalkers of children.''. + (c) Conforming Amendment.--Section 2261A of title 18, United States +Code, is amended by striking ``section 2261(b) of this title'' and +inserting ``section 2261(b) or section 2262B, as the case may be''. + +SEC. 3. REPORT ON BEST PRACTICES REGARDING ENFORCEMENT OF ANTI-STALKING + LAWS. + + Not later than 1 year after the date of the enactment of this Act, +the Attorney General shall submit a report to Congress, which shall-- + (1) include an evaluation of Federal, Tribal, State, and + local efforts to enforce laws relating to stalking; and + (2) identify and describe those elements of such efforts + that constitute the best practices for the enforcement of such + laws. + \ No newline at end of file From e230b65c5198b537ef44c805c3b39fc12440bdfa Mon Sep 17 00:00:00 2001 From: "Sen. Toomey, Pat [R-PA]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 674/984] Senate-134: Engrossed in Senate --- bills_text/Senate-134.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-134.txt b/bills_text/Senate-134.txt index b2d9eea..994f18c 100644 --- a/bills_text/Senate-134.txt +++ b/bills_text/Senate-134.txt @@ -2,26 +2,13 @@ 1st Session S. 134 - To amend title 18, United States Code, with regard to stalking. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - January 15, 2019 - - Mr. Toomey (for himself and Mr. Casey) introduced the following bill; - which was read twice and referred to the Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT - To amend title 18, United States Code, with regard to stalking. + To amend title 18, United States Code, with regard to stalking. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -57,7 +44,7 @@ after the item relating to section 2261A the following new item: ``2261B. Enhanced penalty for stalkers of children.''. (c) Conforming Amendment.--Section 2261A of title 18, United States Code, is amended by striking ``section 2261(b) of this title'' and -inserting ``section 2261(b) or section 2262B, as the case may be''. +inserting ``section 2261(b) or section 2261B, as the case may be''. SEC. 3. REPORT ON BEST PRACTICES REGARDING ENFORCEMENT OF ANTI-STALKING LAWS. @@ -69,4 +56,20 @@ the Attorney General shall submit a report to Congress, which shall-- (2) identify and describe those elements of such efforts that constitute the best practices for the enforcement of such laws. - \ No newline at end of file + + Passed the Senate October 28, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 134 + +_______________________________________________________________________ + + AN ACT + + To amend title 18, United States Code, with regard to stalking. From 3dc1a4c5638818a543a6766e61693e3f5180894a Mon Sep 17 00:00:00 2001 From: "Sen. Toomey, Pat [R-PA]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 675/984] Senate-134: Enrolled --- bills_text/Senate-134.txt | 71 +++++++++++++++++---------------------- 1 file changed, 31 insertions(+), 40 deletions(-) diff --git a/bills_text/Senate-134.txt b/bills_text/Senate-134.txt index 994f18c..f7e89d2 100644 --- a/bills_text/Senate-134.txt +++ b/bills_text/Senate-134.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 134 + S.134 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -12,13 +21,9 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Combat Online Predators Act''. - SEC. 2. ENHANCED PENALTY FOR STALKERS OF CHILDREN. - (a) In General.--Chapter 110A of title 18, United States Code, is amended by inserting after section 2261A the following: ``Sec. 2261B. Enhanced penalty for stalkers of children @@ -29,47 +34,33 @@ maximum term of imprisonment otherwise provided for that offense in section 2261. ``(b) Limitation.--Subsection (a) shall not apply to a person who violates section 2261A if-- - ``(1) the person is subject to a sentence under section - 2261(b)(5); and - ``(2)(A) the person is under the age of 18 at the time the - offense occurred; or - ``(B) the victim of the offense is not less than 15 nor - more than 17 years of age and not more than 3 years younger - than the person who committed the offense at the time the - offense occurred.''. + ``(1) the person is subject to a sentence under section + 2261(b)(5); and + ``(2)(A) the person is under the age of 18 at the time the + offense occurred; or + ``(B) the victim of the offense is not less than 15 nor more + than 17 years of age and not more than 3 years younger than the + person who committed the offense at the time the offense + occurred.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261A the following new item: ``2261B. Enhanced penalty for stalkers of children.''. + (c) Conforming Amendment.--Section 2261A of title 18, United States Code, is amended by striking ``section 2261(b) of this title'' and inserting ``section 2261(b) or section 2261B, as the case may be''. - SEC. 3. REPORT ON BEST PRACTICES REGARDING ENFORCEMENT OF ANTI-STALKING - LAWS. - +LAWS. Not later than 1 year after the date of the enactment of this Act, the Attorney General shall submit a report to Congress, which shall-- - (1) include an evaluation of Federal, Tribal, State, and - local efforts to enforce laws relating to stalking; and - (2) identify and describe those elements of such efforts - that constitute the best practices for the enforcement of such - laws. - - Passed the Senate October 28, 2019. - - Attest: + (1) include an evaluation of Federal, Tribal, State, and local + efforts to enforce laws relating to stalking; and + (2) identify and describe those elements of such efforts that + constitute the best practices for the enforcement of such laws. - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - S. 134 - -_______________________________________________________________________ - - AN ACT - - To amend title 18, United States Code, with regard to stalking. + Vice President of the United States and + President of the Senate. From 3d0d28b42809faf04437867cd0a6fbf28c60a296 Mon Sep 17 00:00:00 2001 From: "Sen. Thune, John [R-SD]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 676/984] Senate-151: Introduced to Senate --- bills_text/Senate-151.txt | 357 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 357 insertions(+) create mode 100644 bills_text/Senate-151.txt diff --git a/bills_text/Senate-151.txt b/bills_text/Senate-151.txt new file mode 100644 index 0000000..872f35d --- /dev/null +++ b/bills_text/Senate-151.txt @@ -0,0 +1,357 @@ +116th CONGRESS + 1st Session + S. 151 + + To deter criminal robocall violations and improve enforcement of + section 227(b) of the Communications Act of 1934, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 16, 2019 + + Mr. Thune (for himself and Mr. Markey) introduced the following bill; + which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To deter criminal robocall violations and improve enforcement of + section 227(b) of the Communications Act of 1934, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Telephone Robocall Abuse Criminal +Enforcement and Deterrence Act'' or the ``TRACED Act''. + +SEC. 2. FORFEITURE. + + (a) In General.--Section 227 of the Communications Act of 1934 (47 +U.S.C. 227) is amended-- + (1) in subsection (b), by adding at the end the following: + ``(4) Civil forfeiture.-- + ``(A) In general.--Any person that is determined by + the Commission, in accordance with paragraph (3) or (4) + of section 503(b), to have violated any provision of + this subsection shall be liable to the United States + for a forfeiture penalty pursuant to section 503(b)(1). + The amount of the forfeiture penalty determined under + this subparagraph shall be determined in accordance + with subparagraphs (A) through (F) of section + 503(b)(2). + ``(B) Violation with intent.--Any person that is + determined by the Commission, in accordance with + paragraph (3) or (4) of section 503(b), to have + violated this subsection with the intent to cause such + violation shall be liable to the United States for a + forfeiture penalty. The amount of the forfeiture + penalty determined under this subparagraph shall be + equal to an amount determined in accordance with + subparagraphs (A) through (F) of section 503(b)(2) plus + an additional penalty not to exceed $10,000. + ``(C) Recovery.--Any forfeiture penalty determined + under subparagraph (A) or (B) shall be recoverable + under section 504(a). + ``(D) Procedure.--No forfeiture liability shall be + determined under subparagraph (A) or (B) against any + person unless such person receives the notice required + by paragraph (3) or (4) of section 503(b). + ``(E) Statute of limitations.--No forfeiture + penalty shall be determined or imposed against any + person-- + ``(i) under subparagraph (A) if the + violation charged occurred more than 1 year + prior to the date of issuance of the required + notice or notice of apparent liability; and + ``(ii) under subparagraph (B) if the + violation charged occurred more than 3 years + prior to the date of issuance of the required + notice or notice of apparent liability. + ``(F) Rule of construction.--Notwithstanding any + law to the contrary, the Commission may not determine + or impose a forfeiture penalty on a person under both + subparagraphs (A) and (B) based on the same conduct.''; + and + (2) by striking subsection (h). + (b) Applicability.--The amendments made by this section shall not +affect any action or proceeding commenced before and pending on the +date of enactment of this Act. + (c) Deadline for Regulations.--The Federal Communications +Commission shall prescribe regulations to implement the amendments made +by this section not later than 270 days after the date of enactment of +this Act. + +SEC. 3. CALL AUTHENTICATION. + + (a) Definitions.--In this section: + (1) STIR/SHAKEN authentication framework.--The term ``STIR/ + SHAKEN authentication framework'' means the secure telephone + identity revisited and signature-based handling of asserted + information using tokens standards proposed by the information + and communications technology industry to attach a certificate + of authenticity to each phone to verify the source of each + call. + (2) Voice service.--The term ``voice service''-- + (A) means any service that is interconnected with + the public switched telephone network and that + furnishes voice communications to an end user using + resources from the North American Numbering Plan or any + successor to the North American Numbering Plan adopted + by the Commission under section 251(e)(1) of the + Communications Act of 1934 (47 U.S.C. 251(e)(1)); and + (B) includes-- + (i) transmissions from a telephone + facsimile machine, computer, or other device to + a telephone facsimile machine; and + (ii) without limitation, any service that + enables real-time, two-way voice + communications, including any service that + requires internet protocol-compatible customer + premises equipment (commonly known as ``CPE'') + and permits out-bound calling, whether or not + the service is one-way or two-way voice over + internet protocol. + (b) Authentication Framework.-- + (1) In general.--Subject to paragraphs (2) and (3), not + later than 18 months after the date of enactment of this Act, + the Federal Communications Commission shall require a provider + of voice service to implement the STIR/SHAKEN authentication + framework in the internet protocol networks of voice service + providers. + (2) Implementation.--The Federal Communications Commission + shall not take the action described in paragraph (1) if the + Commission determines that a provider of voice service, not + later than 12 months after the date of enactment of this Act-- + (A) has adopted the STIR/SHAKEN authentication + framework for calls on the internet protocol networks + of voice service providers; + (B) has agreed voluntarily to participate with + other providers of voice service in the STIR/SHAKEN + authentication framework; + (C) has begun to implement the STIR/SHAKEN + authentication framework; and + (D) will be capable of fully implementing the STIR/ + SHAKEN authentication framework not later than 18 + months after the date of enactment of this Act. + (3) Implementation report.--Not later than 12 months after + the date of enactment of this Act, the Federal Communications + Commission shall submit to the Committee on Commerce, Science, + and Transportation of the Senate and the Committee on Energy + and Commerce of the House of Representatives a report on the + determination required under paragraph (2), which shall + include-- + (A) an analysis of the extent to which providers of + a voice service have implemented the STIR/SHAKEN + authentication framework; and + (B) an assessment of the efficacy of the STIR/ + SHAKEN authentication framework, as being implemented + under this section, in addressing all aspects of call + authentication. + (4) Review and revision or replacement.--Not later than 3 + years after the date of enactment of this Act, and every 3 + years thereafter, the Federal Communications Commission, after + public notice and an opportunity for comment, shall-- + (A) assess the efficacy of the call authentication + framework implemented under this section; + (B) based on the assessment under subparagraph (A), + revise or replace the call authentication framework + under this section if the Commission determines it is + in the public interest to do so; and + (C) submit to the Committee on Commerce, Science, + and Transportation of the Senate and the Committee on + Energy and Commerce of the House of Representatives a + report on the findings of the assessment under + subparagraph (A) and on any actions to revise or + replace the call authentication framework under + subparagraph (B). + (5) Extension of implementation deadline.--The Federal + Communications Commission may extend any deadline for the + implementation of a call authentication framework required + under this section by 12 months or such further amount of time + as the Commission determines necessary if the Commission + determines that purchasing or upgrading equipment to support + call authentication would constitute a substantial hardship for + a provider or category of providers. + (c) Safe Harbor and Other Regulations.-- + (1) In general.--The Federal Communications Commission + shall promulgate rules-- + (A) establishing when a provider of voice service + may block a voice call based, in whole or in part, on + information provided by the call authentication + framework under subsection (b); + (B) establishing a safe harbor for a provider of + voice service from liability for unintended or + inadvertent blocking of calls or for the unintended or + inadvertent misidentification of the level of trust for + individual calls based, in whole or in part, on + information provided by the call authentication + framework under subsection (b); and + (C) establishing a process to permit a calling + party adversely affected by the information provided by + the call authentication framework under subsection (b) + to verify the authenticity of the calling party's + calls. + (2) Considerations.--In establishing the safe harbor under + paragraph (1), the Federal Communications Commission shall + consider limiting the liability of a provider based on the + extent to which the provider-- + (A) blocks or identifies calls based, in whole or + in part, on the information provided by the call + authentication framework under subsection (b); + (B) implemented procedures based, in whole or in + part, on the information provided by the call + authentication framework under subsection (b); and + (C) used reasonable care. + (d) Rule of Construction.--Nothing in this section shall preclude +the Federal Communications Commission from initiating a rulemaking +pursuant to its existing statutory authority. + +SEC. 4. PROTECTIONS FROM SPOOFED CALLS. + + (a) In General.--Not later than 1 year after the date of enactment +of this Act, and consistent with the call authentication framework +under section 3, the Federal Communications Commission shall initiate a +rulemaking to help protect a subscriber from receiving unwanted calls +or text messages from a caller using an unauthenticated number. + (b) Considerations.--In promulgating rules under subsection (a), +the Federal Communications Commission shall consider-- + (1) the Government Accountability Office report on + combating the fraudulent provision of misleading or inaccurate + caller identification required by section 503(c) of division P + of the Consolidated Appropriations Act 2018 (Public Law 115- + 141); + (2) the best means of ensuring that a subscriber or + provider has the ability to block calls from a caller using an + unauthenticated North American Numbering Plan number; + (3) the impact on the privacy of a subscriber from + unauthenticated calls; + (4) the effectiveness in verifying the accuracy of caller + identification information; and + (5) the availability and cost of providing protection from + the unwanted calls or text messages described in subsection + (a). + +SEC. 5. INTERAGENCY WORKING GROUP. + + (a) In General.--The Attorney General, in consultation with the +Chairman of the Federal Communications Commission, shall convene an +interagency working group to study Government prosecution of violations +of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)). + (b) Duties.--In carrying out the study under subsection (a), the +interagency working group shall-- + (1) determine whether, and if so how, any Federal laws, + including regulations, policies, and practices, or budgetary or + jurisdictional constraints inhibit the prosecution of such + violations; + (2) identify existing and potential Federal policies and + programs that encourage and improve coordination among Federal + departments and agencies and States, and between States, in the + prevention and prosecution of such violations; + (3) identify existing and potential international policies + and programs that encourage and improve coordination between + countries in the prevention and prosecution of such violations; + and + (4) consider-- + (A) the benefit and potential sources of additional + resources for the Federal prevention and prosecution of + criminal violations of that section; + (B) whether to establish memoranda of understanding + regarding the prevention and prosecution of such + violations between-- + (i) the States; + (ii) the States and the Federal Government; + and + (iii) the Federal Government and a foreign + government; + (C) whether to establish a process to allow States + to request Federal subpoenas from the Federal + Communications Commission; + (D) whether extending civil enforcement authority + to the States would assist in the successful prevention + and prosecution of such violations; + (E) whether increased forfeiture and imprisonment + penalties are appropriate, such as extending + imprisonment for such a violation to a term longer than + 2 years; + (F) whether regulation of any entity that enters + into a business arrangement with a common carrier + regulated under title II of the Communications Act of + 1934 (47 U.S.C. 201 et seq.) for the specific purpose + of carrying, routing, or transmitting a call that + constitutes such a violation would assist in the + successful prevention and prosecution of such + violations; and + (G) the extent to which, if any, Department of + Justice policies to pursue the prosecution of + violations causing economic harm, physical danger, or + erosion of an inhabitant's peace of mind and sense of + security inhibits the prevention or prosecution of such + violations. + (c) Members.--The interagency working group shall be composed of +such representatives of Federal departments and agencies as the +Attorney General considers appropriate, such as-- + (1) the Department of Commerce; + (2) the Department of State; + (3) the Department of Homeland Security; + (4) the Federal Communications Commission; + (5) the Federal Trade Commission; and + (6) the Bureau of Consumer Financial Protection. + (d) Non-Federal Stakeholders.--In carrying out the study under +subsection (a), the interagency working group shall consult with such +non-Federal stakeholders as the Attorney General determines have the +relevant expertise, including the National Association of Attorneys +General. + (e) Report to Congress.--Not later than 270 days after the date of +enactment of this Act, the interagency working group shall submit to +the Committee on Commerce, Science, and Transportation of the Senate +and the Committee on Energy and Commerce of the House of +Representatives a report on the findings of the study under subsection +(a), including-- + (1) any recommendations regarding the prevention and + prosecution of such violations; and + (2) a description of what progress, if any, relevant + Federal departments and agencies have made in implementing the + recommendations under paragraph (1). + +SEC. 6. ACCESS TO NUMBER RESOURCES. + + (a) In General.-- + (1) Examination of fcc policies.--Not later than 180 days + after the date of enactment of this Act, the Federal + Communications Commission shall commence a proceeding to + determine whether Federal Communications Commission policies + regarding access to number resources, including number + resources for toll free and non-toll free telephone numbers, + could be modified, including by establishing registration and + compliance obligations, to help reduce access to numbers by + potential perpetrators of violations of section 227(b) of the + Communications Act of 1934 (47 U.S.C. 227(b)). + (2) Regulations.--If the Federal Communications Commission + determines under paragraph (1) that modifying the policies + described in that paragraph could help achieve the goal + described in that paragraph, the Commission shall prescribe + regulations to implement those policy modifications. + (b) Authority.--Any person who knowingly, through an employee, +agent, officer, or otherwise, directly or indirectly, by or through any +means or device whatsoever, is a party to obtaining number resources, +including number resources for toll free and non-toll free telephone +numbers, from a common carrier regulated under title II of the +Communications Act of 1934 (47 U.S.C. 201 et seq.), in violation of a +regulation prescribed under subsection (a) of this section, shall, +notwithstanding section 503(b)(5) of the Communications Act of 1934 (47 +U.S.C. 503(b)(5)), be subject to a forfeiture penalty under section 503 +of that Act. A forfeiture penalty under this subsection shall be in +addition to any other penalty provided for by law. + \ No newline at end of file From 58d1eab146326a0c3b2d35731bae5c827fddc250 Mon Sep 17 00:00:00 2001 From: "Sen. Thune, John [R-SD]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 677/984] Senate-151: Engrossed in Senate --- bills_text/Senate-151.txt | 83 +++++++++++++++++++++++++-------------- 1 file changed, 53 insertions(+), 30 deletions(-) diff --git a/bills_text/Senate-151.txt b/bills_text/Senate-151.txt index 872f35d..2ebac76 100644 --- a/bills_text/Senate-151.txt +++ b/bills_text/Senate-151.txt @@ -2,25 +2,9 @@ 1st Session S. 151 - To deter criminal robocall violations and improve enforcement of - section 227(b) of the Communications Act of 1934, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - January 16, 2019 - - Mr. Thune (for himself and Mr. Markey) introduced the following bill; - which was read twice and referred to the Committee on Commerce, - Science, and Transportation - _______________________________________________________________________ - A BILL + AN ACT @@ -84,7 +68,26 @@ U.S.C. 227) is amended-- or impose a forfeiture penalty on a person under both subparagraphs (A) and (B) based on the same conduct.''; and - (2) by striking subsection (h). + (2) by striking subsection (h) and inserting the following: + ``(h) TCPA Enforcement Report.--The Commission shall submit an +annual report to Congress regarding the enforcement during the +preceding year of laws, regulations, and policies relating to robocalls +and spoofed calls, which report shall include-- + ``(1) the number of complaints received by the Commission + during the year alleging that a consumer received a robocall or + spoofed call; + ``(2) the number of citations issued by the Commission + pursuant to section 503 during the year to enforce any law, + regulation, or policy relating to a robocall or spoofed call; + ``(3) the number of notices of apparent liability issued by + the Commission pursuant to section 503 during the year to + enforce any law, regulation, or policy relating to a robocall + or spoofed call; and + ``(4) for each notice referred to in paragraph (3)-- + ``(A) the amount of the proposed forfeiture penalty + involved; + ``(B) the person to whom the notice was issued; and + ``(C) the status of the proceeding.''. (b) Applicability.--The amendments made by this section shall not affect any action or proceeding commenced before and pending on the date of enactment of this Act. @@ -100,9 +103,7 @@ SEC. 3. CALL AUTHENTICATION. SHAKEN authentication framework'' means the secure telephone identity revisited and signature-based handling of asserted information using tokens standards proposed by the information - and communications technology industry to attach a certificate - of authenticity to each phone to verify the source of each - call. + and communications technology industry. (2) Voice service.--The term ``voice service''-- (A) means any service that is interconnected with the public switched telephone network and that @@ -128,15 +129,15 @@ SEC. 3. CALL AUTHENTICATION. later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall require a provider of voice service to implement the STIR/SHAKEN authentication - framework in the internet protocol networks of voice service - providers. + framework in the internet protocol networks of the voice + service provider. (2) Implementation.--The Federal Communications Commission shall not take the action described in paragraph (1) if the Commission determines that a provider of voice service, not later than 12 months after the date of enactment of this Act-- (A) has adopted the STIR/SHAKEN authentication framework for calls on the internet protocol networks - of voice service providers; + of the voice service provider; (B) has agreed voluntarily to participate with other providers of voice service in the STIR/SHAKEN authentication framework; @@ -154,7 +155,9 @@ SEC. 3. CALL AUTHENTICATION. include-- (A) an analysis of the extent to which providers of a voice service have implemented the STIR/SHAKEN - authentication framework; and + authentication framework, including whether the + availability of necessary equipment and equipment + upgrades has impacted such implementation; and (B) an assessment of the efficacy of the STIR/ SHAKEN authentication framework, as being implemented under this section, in addressing all aspects of call @@ -182,8 +185,10 @@ SEC. 3. CALL AUTHENTICATION. under this section by 12 months or such further amount of time as the Commission determines necessary if the Commission determines that purchasing or upgrading equipment to support - call authentication would constitute a substantial hardship for - a provider or category of providers. + call authentication, or lack of availability of such equipment, + would constitute a substantial hardship in meeting such + deadline for a provider or category of providers of voice + service. (c) Safe Harbor and Other Regulations.-- (1) In general.--The Federal Communications Commission shall promulgate rules-- @@ -205,8 +210,8 @@ SEC. 3. CALL AUTHENTICATION. calls. (2) Considerations.--In establishing the safe harbor under paragraph (1), the Federal Communications Commission shall - consider limiting the liability of a provider based on the - extent to which the provider-- + consider limiting the liability of a provider of voice service + based on the extent to which the provider of voice service-- (A) blocks or identifies calls based, in whole or in part, on the information provided by the call authentication framework under subsection (b); @@ -354,4 +359,22 @@ notwithstanding section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)), be subject to a forfeiture penalty under section 503 of that Act. A forfeiture penalty under this subsection shall be in addition to any other penalty provided for by law. - \ No newline at end of file + + Passed the Senate May 23 (legislative day, May 22), 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 151 + +_______________________________________________________________________ + + AN ACT + + To deter criminal robocall violations and improve enforcement of + section 227(b) of the Communications Act of 1934, and for other + purposes. From 16c3b0c717f331bca7cb43527c929a0866993e5e Mon Sep 17 00:00:00 2001 From: "Sen. Thune, John [R-SD]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 678/984] Senate-151: Enrolled --- bills_text/Senate-151.txt | 1177 ++++++++++++++++++++++++++----------- 1 file changed, 836 insertions(+), 341 deletions(-) diff --git a/bills_text/Senate-151.txt b/bills_text/Senate-151.txt index 2ebac76..cd858c3 100644 --- a/bills_text/Senate-151.txt +++ b/bills_text/Senate-151.txt @@ -1,380 +1,875 @@ -116th CONGRESS - 1st Session - S. 151 + S.151 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + United States of America - - To deter criminal robocall violations and improve enforcement of - section 227(b) of the Communications Act of 1934, and for other - purposes. - Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, + AT THE FIRST SESSION -SECTION 1. SHORT TITLE. + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen - This Act may be cited as the ``Telephone Robocall Abuse Criminal -Enforcement and Deterrence Act'' or the ``TRACED Act''. -SEC. 2. FORFEITURE. + An Act + + +To deter criminal robocall violations and improve enforcement of section + 227(b) of the Communications Act of 1934, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, +SECTION 1. SHORT TITLE. + This Act may be cited as the ``Pallone-Thune Telephone Robocall +Abuse Criminal Enforcement and Deterrence Act'' or the ``Pallone-Thune +TRACED Act''. +SEC. 2. COMMISSION DEFINED. + In this Act, the term ``Commission'' means the Federal +Communications Commission. +SEC. 3. FORFEITURE. (a) In General.--Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- - (1) in subsection (b), by adding at the end the following: - ``(4) Civil forfeiture.-- - ``(A) In general.--Any person that is determined by - the Commission, in accordance with paragraph (3) or (4) - of section 503(b), to have violated any provision of - this subsection shall be liable to the United States - for a forfeiture penalty pursuant to section 503(b)(1). - The amount of the forfeiture penalty determined under - this subparagraph shall be determined in accordance - with subparagraphs (A) through (F) of section - 503(b)(2). - ``(B) Violation with intent.--Any person that is - determined by the Commission, in accordance with - paragraph (3) or (4) of section 503(b), to have - violated this subsection with the intent to cause such - violation shall be liable to the United States for a - forfeiture penalty. The amount of the forfeiture - penalty determined under this subparagraph shall be - equal to an amount determined in accordance with - subparagraphs (A) through (F) of section 503(b)(2) plus - an additional penalty not to exceed $10,000. - ``(C) Recovery.--Any forfeiture penalty determined - under subparagraph (A) or (B) shall be recoverable - under section 504(a). - ``(D) Procedure.--No forfeiture liability shall be - determined under subparagraph (A) or (B) against any - person unless such person receives the notice required - by paragraph (3) or (4) of section 503(b). - ``(E) Statute of limitations.--No forfeiture - penalty shall be determined or imposed against any - person-- - ``(i) under subparagraph (A) if the - violation charged occurred more than 1 year - prior to the date of issuance of the required - notice or notice of apparent liability; and - ``(ii) under subparagraph (B) if the - violation charged occurred more than 3 years - prior to the date of issuance of the required - notice or notice of apparent liability. - ``(F) Rule of construction.--Notwithstanding any - law to the contrary, the Commission may not determine - or impose a forfeiture penalty on a person under both - subparagraphs (A) and (B) based on the same conduct.''; - and - (2) by striking subsection (h) and inserting the following: - ``(h) TCPA Enforcement Report.--The Commission shall submit an -annual report to Congress regarding the enforcement during the -preceding year of laws, regulations, and policies relating to robocalls -and spoofed calls, which report shall include-- - ``(1) the number of complaints received by the Commission - during the year alleging that a consumer received a robocall or - spoofed call; - ``(2) the number of citations issued by the Commission - pursuant to section 503 during the year to enforce any law, - regulation, or policy relating to a robocall or spoofed call; - ``(3) the number of notices of apparent liability issued by - the Commission pursuant to section 503 during the year to - enforce any law, regulation, or policy relating to a robocall - or spoofed call; and - ``(4) for each notice referred to in paragraph (3)-- - ``(A) the amount of the proposed forfeiture penalty - involved; - ``(B) the person to whom the notice was issued; and - ``(C) the status of the proceeding.''. + (1) in subsection (b), by adding at the end the following: + ``(4) Civil forfeiture.-- + ``(A) In general.--Any person that is determined by the + Commission, in accordance with paragraph (3) or (4) of section + 503(b), to have violated this subsection shall be liable to the + United States for a forfeiture penalty pursuant to section + 503(b)(1). Paragraph (5) of section 503(b) shall not apply in + the case of a violation of this subsection. A forfeiture + penalty under this subparagraph shall be in addition to any + other penalty provided for by this Act. The amount of the + forfeiture penalty determined under this subparagraph shall be + determined in accordance with subparagraphs (A) through (F) of + section 503(b)(2). + ``(B) Violation with intent.--Any person that is determined + by the Commission, in accordance with paragraph (3) or (4) of + section 503(b), to have violated this subsection with the + intent to cause such violation shall be liable to the United + States for a forfeiture penalty pursuant to section 503(b)(1). + Paragraph (5) of section 503(b) shall not apply in the case of + a violation of this subsection. A forfeiture penalty under this + subparagraph shall be in addition to any other penalty provided + for by this Act. The amount of the forfeiture penalty + determined under this subparagraph shall be equal to an amount + determined in accordance with subparagraphs (A) through (F) of + section 503(b)(2) plus an additional penalty not to exceed + $10,000. + ``(C) Recovery.--Any forfeiture penalty determined under + subparagraph (A) or (B) shall be recoverable under section + 504(a). + ``(D) Procedure.--No forfeiture liability shall be + determined under subparagraph (A) or (B) against any person + unless such person receives the notice required by section + 503(b)(3) or section 503(b)(4). + ``(E) Statute of limitations.--Notwithstanding paragraph + (6) of section 503(b), no forfeiture penalty shall be + determined or imposed against any person-- + ``(i) under subparagraph (A) if the violation charged + occurred more than 1 year prior to the date of issuance of + the required notice or notice of apparent liability; or + ``(ii) under subparagraph (B) if the violation charged + occurred more than 4 years prior to the date of issuance of + the required notice or notice of apparent liability. + ``(F) Rule of construction.--Notwithstanding any law to the + contrary, the Commission may not determine or impose a + forfeiture penalty on a person under both subparagraphs (A) and + (B) based on the same conduct.''; + (2) in subsection (e)(5)(A)-- + (A) in clause (ii), by adding at the end the following: + ``Paragraph (5) of section 503(b) shall not apply in the case + of a violation of this subsection.''; and + (B) in clause (iv)-- + (i) in the heading, by striking ``2-year'' and + inserting ``4-year''; and + (ii) by striking ``2 years'' and inserting ``4 years''; + and + (3) by striking subsection (h) and inserting the following: + ``(h) Annual Report to Congress on Robocalls and Transmission of +Misleading or Inaccurate Caller Identification Information.-- + ``(1) Report required.--Not later than 1 year after the date of + the enactment of this subsection, and annually thereafter, the + Commission, after consultation with the Federal Trade Commission, + shall submit to Congress a report regarding enforcement by the + Commission of subsections (b), (c), (d), and (e) during the + preceding calendar year. + ``(2) Matters for inclusion.--Each report required by paragraph + (1) shall include the following: + ``(A) The number of complaints received by the Commission + during each of the preceding 5 calendar years, for each of the + following categories: + ``(i) Complaints alleging that a consumer received a + call in violation of subsection (b) or (c). + ``(ii) Complaints alleging that a consumer received a + call in violation of the standards prescribed under + subsection (d). + ``(iii) Complaints alleging that a consumer received a + call in connection with which misleading or inaccurate + caller identification information was transmitted in + violation of subsection (e). + ``(B) The number of citations issued by the Commission + pursuant to section 503(b) during the preceding calendar year + to enforce subsection (d), and details of each such citation. + ``(C) The number of notices of apparent liability issued by + the Commission pursuant to section 503(b) during the preceding + calendar year to enforce subsections (b), (c), (d), and (e), + and details of each such notice including any proposed + forfeiture amount. + ``(D) The number of final orders imposing forfeiture + penalties issued pursuant to section 503(b) during the + preceding calendar year to enforce such subsections, and + details of each such order including the forfeiture imposed. + ``(E) The amount of forfeiture penalties or criminal fines + collected, during the preceding calendar year, by the + Commission or the Attorney General for violations of such + subsections, and details of each case in which such a + forfeiture penalty or criminal fine was collected. + ``(F) Proposals for reducing the number of calls made in + violation of such subsections. + ``(G) An analysis of the contribution by providers of + interconnected VoIP service and non-interconnected VoIP service + that discount high-volume, unlawful, short-duration calls to + the total number of calls made in violation of such + subsections, and recommendations on how to address such + contribution in order to decrease the total number of calls + made in violation of such subsections. + ``(3) No additional reporting required.--The Commission shall + prepare the report required by paragraph (1) without requiring the + provision of additional information from providers of + telecommunications service or voice service (as defined in section + 4(a) of the Pallone-Thune TRACED Act).''. (b) Applicability.--The amendments made by this section shall not affect any action or proceeding commenced before and pending on the -date of enactment of this Act. - (c) Deadline for Regulations.--The Federal Communications -Commission shall prescribe regulations to implement the amendments made -by this section not later than 270 days after the date of enactment of -this Act. - -SEC. 3. CALL AUTHENTICATION. - +date of the enactment of this Act. + (c) Deadline for Regulations.--The Commission shall prescribe +regulations to implement the amendments made by this section not later +than 270 days after the date of the enactment of this Act. +SEC. 4. CALL AUTHENTICATION. (a) Definitions.--In this section: - (1) STIR/SHAKEN authentication framework.--The term ``STIR/ - SHAKEN authentication framework'' means the secure telephone - identity revisited and signature-based handling of asserted - information using tokens standards proposed by the information - and communications technology industry. - (2) Voice service.--The term ``voice service''-- - (A) means any service that is interconnected with - the public switched telephone network and that - furnishes voice communications to an end user using - resources from the North American Numbering Plan or any - successor to the North American Numbering Plan adopted - by the Commission under section 251(e)(1) of the - Communications Act of 1934 (47 U.S.C. 251(e)(1)); and - (B) includes-- - (i) transmissions from a telephone - facsimile machine, computer, or other device to - a telephone facsimile machine; and - (ii) without limitation, any service that - enables real-time, two-way voice - communications, including any service that - requires internet protocol-compatible customer - premises equipment (commonly known as ``CPE'') - and permits out-bound calling, whether or not - the service is one-way or two-way voice over - internet protocol. - (b) Authentication Framework.-- - (1) In general.--Subject to paragraphs (2) and (3), not - later than 18 months after the date of enactment of this Act, - the Federal Communications Commission shall require a provider - of voice service to implement the STIR/SHAKEN authentication - framework in the internet protocol networks of the voice - service provider. - (2) Implementation.--The Federal Communications Commission - shall not take the action described in paragraph (1) if the - Commission determines that a provider of voice service, not - later than 12 months after the date of enactment of this Act-- - (A) has adopted the STIR/SHAKEN authentication - framework for calls on the internet protocol networks - of the voice service provider; - (B) has agreed voluntarily to participate with - other providers of voice service in the STIR/SHAKEN - authentication framework; - (C) has begun to implement the STIR/SHAKEN - authentication framework; and - (D) will be capable of fully implementing the STIR/ - SHAKEN authentication framework not later than 18 - months after the date of enactment of this Act. - (3) Implementation report.--Not later than 12 months after - the date of enactment of this Act, the Federal Communications - Commission shall submit to the Committee on Commerce, Science, - and Transportation of the Senate and the Committee on Energy - and Commerce of the House of Representatives a report on the - determination required under paragraph (2), which shall - include-- - (A) an analysis of the extent to which providers of - a voice service have implemented the STIR/SHAKEN - authentication framework, including whether the - availability of necessary equipment and equipment - upgrades has impacted such implementation; and - (B) an assessment of the efficacy of the STIR/ - SHAKEN authentication framework, as being implemented - under this section, in addressing all aspects of call - authentication. - (4) Review and revision or replacement.--Not later than 3 - years after the date of enactment of this Act, and every 3 - years thereafter, the Federal Communications Commission, after - public notice and an opportunity for comment, shall-- - (A) assess the efficacy of the call authentication - framework implemented under this section; - (B) based on the assessment under subparagraph (A), - revise or replace the call authentication framework - under this section if the Commission determines it is - in the public interest to do so; and - (C) submit to the Committee on Commerce, Science, - and Transportation of the Senate and the Committee on - Energy and Commerce of the House of Representatives a - report on the findings of the assessment under - subparagraph (A) and on any actions to revise or - replace the call authentication framework under - subparagraph (B). - (5) Extension of implementation deadline.--The Federal - Communications Commission may extend any deadline for the - implementation of a call authentication framework required - under this section by 12 months or such further amount of time - as the Commission determines necessary if the Commission - determines that purchasing or upgrading equipment to support - call authentication, or lack of availability of such equipment, - would constitute a substantial hardship in meeting such - deadline for a provider or category of providers of voice - service. - (c) Safe Harbor and Other Regulations.-- - (1) In general.--The Federal Communications Commission - shall promulgate rules-- - (A) establishing when a provider of voice service - may block a voice call based, in whole or in part, on - information provided by the call authentication - framework under subsection (b); - (B) establishing a safe harbor for a provider of - voice service from liability for unintended or - inadvertent blocking of calls or for the unintended or - inadvertent misidentification of the level of trust for - individual calls based, in whole or in part, on - information provided by the call authentication - framework under subsection (b); and - (C) establishing a process to permit a calling - party adversely affected by the information provided by - the call authentication framework under subsection (b) - to verify the authenticity of the calling party's - calls. - (2) Considerations.--In establishing the safe harbor under - paragraph (1), the Federal Communications Commission shall - consider limiting the liability of a provider of voice service - based on the extent to which the provider of voice service-- - (A) blocks or identifies calls based, in whole or - in part, on the information provided by the call - authentication framework under subsection (b); - (B) implemented procedures based, in whole or in - part, on the information provided by the call - authentication framework under subsection (b); and - (C) used reasonable care. - (d) Rule of Construction.--Nothing in this section shall preclude -the Federal Communications Commission from initiating a rulemaking -pursuant to its existing statutory authority. + (1) STIR/SHAKEN authentication framework.--The term ``STIR/ + SHAKEN authentication framework'' means the secure telephone + identity revisited and signature-based handling of asserted + information using tokens standards proposed by the information and + communications technology industry. + (2) Voice service.--The term ``voice service''-- + (A) means any service that is interconnected with the + public switched telephone network and that furnishes voice + communications to an end user using resources from the North + American Numbering Plan or any successor to the North American + Numbering Plan adopted by the Commission under section + 251(e)(1) of the Communications Act of 1934 (47 U.S.C. + 251(e)(1)); and + (B) includes-- + (i) transmissions from a telephone facsimile machine, + computer, or other device to a telephone facsimile machine; + and + (ii) without limitation, any service that enables real- + time, two-way voice communications, including any service + that requires internet protocol-compatible customer + premises equipment (commonly known as ``CPE'') and permits + out-bound calling, whether or not the service is one-way or + two-way voice over internet protocol. + (b) Authentication Frameworks.-- + (1) In general.--Subject to paragraphs (2) and (3), and in + accordance with paragraph (6), not later than 18 months after the + date of the enactment of this Act, the Commission shall-- + (A) require a provider of voice service to implement the + STIR/SHAKEN authentication framework in the internet protocol + networks of the provider of voice service; and + (B) require a provider of voice service to take reasonable + measures to implement an effective call authentication + framework in the non-internet protocol networks of the provider + of voice service. + (2) Implementation.--The Commission shall not take the action + described in paragraph (1) with respect to a provider of voice + service if the Commission determines, not later than 12 months + after the date of the enactment of this Act, that such provider of + voice service-- + (A) in internet protocol networks-- + (i) has adopted the STIR/SHAKEN authentication + framework for calls on the internet protocol networks of + the provider of voice service; + (ii) has agreed voluntarily to participate with other + providers of voice service in the STIR/SHAKEN + authentication framework; + (iii) has begun to implement the STIR/SHAKEN + authentication framework; and + (iv) will be capable of fully implementing the STIR/ + SHAKEN authentication framework not later than 18 months + after the date of the enactment of this Act; and + (B) in non-internet protocol networks-- + (i) has taken reasonable measures to implement an + effective call authentication framework; and + (ii) will be capable of fully implementing an effective + call authentication framework not later than 18 months + after the date of the enactment of this Act. + (3) Implementation report.--Not later than 12 months after the + date of the enactment of this Act, the Commission shall submit to + the Committee on Energy and Commerce of the House of + Representatives and the Committee on Commerce, Science, and + Transportation of the Senate a report on the determination required + under paragraph (2), which shall include-- + (A) an analysis of the extent to which providers of voice + service have implemented the call authentication frameworks + described in subparagraphs (A) and (B) of paragraph (1), + including whether the availability of necessary equipment and + equipment upgrades has impacted such implementation; and + (B) an assessment of the efficacy of the call + authentication frameworks described in subparagraphs (A) and + (B) of paragraph (1) in addressing all aspects of call + authentication. + (4) Review and revision or replacement.--Not later than 3 years + after the date of the enactment of this Act, and every 3 years + thereafter, the Commission, after public notice and an opportunity + for comment, shall-- + (A) assess the efficacy of the technologies used for call + authentication frameworks implemented under this section; + (B) based on the assessment under subparagraph (A), revise + or replace the call authentication frameworks under this + section if the Commission determines it is in the public + interest to do so; and + (C) submit to the Committee on Energy and Commerce of the + House of Representatives and the Committee on Commerce, + Science, and Transportation of the Senate a report on the + findings of the assessment under subparagraph (A) and on any + actions to revise or replace the call authentication frameworks + under subparagraph (B). + (5) Extension of implementation deadline.-- + (A) Burdens and barriers to implementation.--Not later than + 12 months after the date of the enactment of this Act, and as + appropriate thereafter, the Commission-- + (i) shall assess any burdens or barriers to the + implementation required by paragraph (1), including-- -SEC. 4. PROTECTIONS FROM SPOOFED CALLS. + (I) for providers of voice service to the extent + the networks of such providers use time-division + multiplexing; + (II) for small providers of voice service and those + in rural areas; and + (III) the inability to purchase or upgrade + equipment to support the call authentication frameworks + under this section, or lack of availability of such + equipment; and - (a) In General.--Not later than 1 year after the date of enactment -of this Act, and consistent with the call authentication framework -under section 3, the Federal Communications Commission shall initiate a -rulemaking to help protect a subscriber from receiving unwanted calls -or text messages from a caller using an unauthenticated number. - (b) Considerations.--In promulgating rules under subsection (a), -the Federal Communications Commission shall consider-- - (1) the Government Accountability Office report on - combating the fraudulent provision of misleading or inaccurate - caller identification required by section 503(c) of division P - of the Consolidated Appropriations Act 2018 (Public Law 115- - 141); - (2) the best means of ensuring that a subscriber or - provider has the ability to block calls from a caller using an - unauthenticated North American Numbering Plan number; - (3) the impact on the privacy of a subscriber from - unauthenticated calls; - (4) the effectiveness in verifying the accuracy of caller - identification information; and - (5) the availability and cost of providing protection from - the unwanted calls or text messages described in subsection - (a). + (ii) in connection with an assessment under clause (i), + may, upon a public finding of undue hardship, delay + required compliance with the 18-month time period described + in paragraph (1), for a reasonable period of time, for a + provider or class of providers of voice service, or type of + voice calls, as necessary for that provider or class of + providers or type of calls to participate in the + implementation in order to address the identified burdens + and barriers. + (B) Delay of compliance required for certain non-internet + protocol networks.--Subject to subparagraphs (C) through (F), + for any provider or class of providers of voice service, or + type of voice calls, only to the extent that such a provider or + class of providers of voice service, or type of voice calls, + materially relies on a non-internet protocol network for the + provision of such service or calls, the Commission shall grant + a delay of required compliance under subparagraph (A)(ii) until + a call authentication protocol has been developed for calls + delivered over non-internet protocol networks and is reasonably + available. + (C) Robocall mitigation program.-- + (i) Program required.--During the time of a delay of + compliance granted under subparagraph (A)(ii), the + Commission shall require, pursuant to the authority of the + Commission, that any provider subject to such delay shall + implement an appropriate robocall mitigation program to + prevent unlawful robocalls from originating on the network + of the provider. + (ii) Additional requirements.--If the consortium + registered under section 13(d) identifies a provider of + voice service that is subject to a delay of compliance + granted under subparagraph (A)(ii) as repeatedly + originating large-scale unlawful robocall campaigns, the + Commission shall require such provider to take action to + ensure that such provider does not continue to originate + such calls. + (iii) Minimization of burden.--The Commission shall + make reasonable efforts to minimize the burden of any + robocall mitigation required pursuant to clause (ii), which + may include prescribing certain specific robocall + mitigation practices for providers of voice service that + have repeatedly originated large-scale unlawful robocall + campaigns. + (D) Full participation.--The Commission shall take + reasonable measures to address any issues in an assessment + under subparagraph (A)(i) and enable as promptly as reasonable + full participation of all classes of providers of voice service + and types of voice calls to receive the highest level of trust. + Such measures shall include, without limitation, as + appropriate, limiting or terminating a delay of compliance + granted to a provider under subparagraph (B) if the Commission + determines in such assessment that the provider is not making + reasonable efforts to develop the call authentication protocol + described in such subparagraph. + (E) Alternative methodologies.--The Commission shall + identify, in consultation with small providers of voice service + and those in rural areas, alternative effective methodologies + to protect customers from unauthenticated calls during any + delay of compliance granted under subparagraph (A)(ii). + (F) Revision of delay of compliance.--Not less frequently + than annually after the first delay of compliance is granted + under subparagraph (A)(ii), the Commission-- + (i) shall consider revising or extending any delay of + compliance granted under subparagraph (A)(ii); + (ii) may revise such delay of compliance; and + (iii) shall issue a public notice with regard to + whether such delay of compliance remains necessary, + including-- -SEC. 5. INTERAGENCY WORKING GROUP. + (I) why such delay of compliance remains necessary; + and + (II) when the Commission expects to achieve the + goal of full participation as described in subparagraph + (D). + (6) No additional cost to consumers or small business + customers.--The Commission shall prohibit providers of voice + service from adding any additional line item charges to consumer or + small business customer subscribers for the effective call + authentication technology required under paragraph (1). + (7) Accurate identification.--Not later than 12 months after + the date of the enactment of this Act, the Commission shall issue + best practices that providers of voice service may use as part of + the implementation of effective call authentication frameworks + under paragraph (1) to take steps to ensure the calling party is + accurately identified. + (c) Safe Harbor and Other Regulations.-- + (1) In general.--Consistent with the regulations prescribed + under subsection (j) of section 227 of the Communications Act of + 1934 (47 U.S.C. 227), as added by section 10, the Commission shall, + not later than 1 year after the date of the enactment of this Act, + promulgate rules-- + (A) establishing when a provider of voice service may block + a voice call based, in whole or in part, on information + provided by the call authentication frameworks under subsection + (b), with no additional line item charge; + (B) establishing a safe harbor for a provider of voice + service from liability for unintended or inadvertent blocking + of calls or for the unintended or inadvertent misidentification + of the level of trust for individual calls based, in whole or + in part, on information provided by the call authentication + frameworks under subsection (b); + (C) establishing a process to permit a calling party + adversely affected by the information provided by the call + authentication frameworks under subsection (b) to verify the + authenticity of the calling party's calls; and + (D) ensuring that calls originating from a provider of + voice service in an area where the provider is subject to a + delay of compliance with the time period described in + subsection (b)(1) are not unreasonably blocked because the + calls are not able to be authenticated. + (2) Considerations.--In establishing the safe harbor under + paragraph (1), consistent with the regulations prescribed under + subsection (j) of section 227 of the Communications Act of 1934 (47 + U.S.C. 227), as added by section 10, the Commission shall consider + limiting the liability of a provider of voice service based on the + extent to which the provider of voice service-- + (A) blocks or identifies calls based, in whole or in part, + on the information provided by the call authentication + frameworks under subsection (b); + (B) implemented procedures based, in whole or in part, on + the information provided by the call authentication frameworks + under subsection (b); and + (C) used reasonable care, including making all reasonable + efforts to avoid blocking emergency public safety calls. + (d) Rule of Construction.--Nothing in this section shall preclude +the Commission from initiating a rulemaking pursuant to its existing +statutory authority. +SEC. 5. INTERAGENCY WORKING GROUP. (a) In General.--The Attorney General, in consultation with the -Chairman of the Federal Communications Commission, shall convene an -interagency working group to study Government prosecution of violations -of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)). +Chairman of the Commission, shall convene an interagency working group +to study Government prosecution of violations of section 227(b) of the +Communications Act of 1934 (47 U.S.C. 227(b)). (b) Duties.--In carrying out the study under subsection (a), the interagency working group shall-- - (1) determine whether, and if so how, any Federal laws, - including regulations, policies, and practices, or budgetary or - jurisdictional constraints inhibit the prosecution of such - violations; - (2) identify existing and potential Federal policies and - programs that encourage and improve coordination among Federal - departments and agencies and States, and between States, in the - prevention and prosecution of such violations; - (3) identify existing and potential international policies - and programs that encourage and improve coordination between - countries in the prevention and prosecution of such violations; - and - (4) consider-- - (A) the benefit and potential sources of additional - resources for the Federal prevention and prosecution of - criminal violations of that section; - (B) whether to establish memoranda of understanding - regarding the prevention and prosecution of such - violations between-- - (i) the States; - (ii) the States and the Federal Government; - and - (iii) the Federal Government and a foreign - government; - (C) whether to establish a process to allow States - to request Federal subpoenas from the Federal - Communications Commission; - (D) whether extending civil enforcement authority - to the States would assist in the successful prevention - and prosecution of such violations; - (E) whether increased forfeiture and imprisonment - penalties are appropriate, such as extending - imprisonment for such a violation to a term longer than - 2 years; - (F) whether regulation of any entity that enters - into a business arrangement with a common carrier - regulated under title II of the Communications Act of - 1934 (47 U.S.C. 201 et seq.) for the specific purpose - of carrying, routing, or transmitting a call that - constitutes such a violation would assist in the - successful prevention and prosecution of such - violations; and - (G) the extent to which, if any, Department of - Justice policies to pursue the prosecution of - violations causing economic harm, physical danger, or - erosion of an inhabitant's peace of mind and sense of - security inhibits the prevention or prosecution of such - violations. + (1) determine whether, and if so how, any Federal laws, + including regulations, policies, and practices, or budgetary or + jurisdictional constraints inhibit the prosecution of such + violations; + (2) identify existing and potential Federal policies and + programs that encourage and improve coordination among Federal + departments and agencies and States, and between States, in the + prevention and prosecution of such violations; + (3) identify existing and potential international policies and + programs that encourage and improve coordination between countries + in the prevention and prosecution of such violations; and + (4) consider-- + (A) the benefit and potential sources of additional + resources for the Federal prevention and prosecution of + criminal violations of that section; + (B) whether to establish memoranda of understanding + regarding the prevention and prosecution of such violations + between-- + (i) the States; + (ii) the States and the Federal Government; and + (iii) the Federal Government and a foreign government; + (C) whether to establish a process to allow States to + request Federal subpoenas from the Commission; + (D) whether extending civil enforcement authority to the + States would assist in the successful prevention and + prosecution of such violations; + (E) whether increased forfeiture and imprisonment penalties + are appropriate, such as extending imprisonment for such a + violation to a term longer than 2 years; + (F) whether regulation of any entity that enters into a + business arrangement with a common carrier regulated under + title II of the Communications Act of 1934 (47 U.S.C. 201 et + seq.) for the specific purpose of carrying, routing, or + transmitting a call that constitutes such a violation would + assist in the successful prevention and prosecution of such + violations; and + (G) the extent to which, if any, Department of Justice + policies to pursue the prosecution of violations causing + economic harm, physical danger, or erosion of an inhabitant's + peace of mind and sense of security inhibit the prevention or + prosecution of such violations. (c) Members.--The interagency working group shall be composed of such representatives of Federal departments and agencies as the Attorney General considers appropriate, such as-- - (1) the Department of Commerce; - (2) the Department of State; - (3) the Department of Homeland Security; - (4) the Federal Communications Commission; - (5) the Federal Trade Commission; and - (6) the Bureau of Consumer Financial Protection. + (1) the Department of Commerce; + (2) the Department of State; + (3) the Department of Homeland Security; + (4) the Commission; + (5) the Federal Trade Commission; and + (6) the Bureau of Consumer Financial Protection. (d) Non-Federal Stakeholders.--In carrying out the study under subsection (a), the interagency working group shall consult with such non-Federal stakeholders as the Attorney General determines have the relevant expertise, including the National Association of Attorneys General. (e) Report to Congress.--Not later than 270 days after the date of -enactment of this Act, the interagency working group shall submit to -the Committee on Commerce, Science, and Transportation of the Senate -and the Committee on Energy and Commerce of the House of -Representatives a report on the findings of the study under subsection -(a), including-- - (1) any recommendations regarding the prevention and - prosecution of such violations; and - (2) a description of what progress, if any, relevant - Federal departments and agencies have made in implementing the - recommendations under paragraph (1). - +the enactment of this Act, the interagency working group shall submit +to the Committee on Energy and Commerce of the House of Representatives +and the Committee on Commerce, Science, and Transportation of the +Senate a report on the findings of the study under subsection (a), +including-- + (1) any recommendations regarding the prevention and + prosecution of such violations; and + (2) a description of what progress, if any, relevant Federal + departments and agencies have made in implementing the + recommendations under paragraph (1). SEC. 6. ACCESS TO NUMBER RESOURCES. - (a) In General.-- - (1) Examination of fcc policies.--Not later than 180 days - after the date of enactment of this Act, the Federal - Communications Commission shall commence a proceeding to - determine whether Federal Communications Commission policies - regarding access to number resources, including number - resources for toll free and non-toll free telephone numbers, - could be modified, including by establishing registration and - compliance obligations, to help reduce access to numbers by - potential perpetrators of violations of section 227(b) of the - Communications Act of 1934 (47 U.S.C. 227(b)). - (2) Regulations.--If the Federal Communications Commission - determines under paragraph (1) that modifying the policies - described in that paragraph could help achieve the goal - described in that paragraph, the Commission shall prescribe - regulations to implement those policy modifications. + (1) Examination of fcc policies.--Not later than 180 days after + the date of the enactment of this Act, the Commission shall + commence a proceeding to determine how Commission policies + regarding access to number resources, including number resources + for toll-free and non-toll-free telephone numbers, could be + modified, including by establishing registration and compliance + obligations, and requirements that providers of voice service given + access to number resources take sufficient steps to know the + identity of the customers of such providers, to help reduce access + to numbers by potential perpetrators of violations of section + 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)). + (2) Regulations.--If the Commission determines under paragraph + (1) that modifying the policies described in that paragraph could + help achieve the goal described in that paragraph, the Commission + shall prescribe regulations to implement those policy + modifications. (b) Authority.--Any person who knowingly, through an employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, is a party to obtaining number resources, -including number resources for toll free and non-toll free telephone +including number resources for toll-free and non-toll-free telephone numbers, from a common carrier regulated under title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.), in violation of a -regulation prescribed under subsection (a) of this section, shall, -notwithstanding section 503(b)(5) of the Communications Act of 1934 (47 -U.S.C. 503(b)(5)), be subject to a forfeiture penalty under section 503 -of that Act. A forfeiture penalty under this subsection shall be in -addition to any other penalty provided for by law. - - Passed the Senate May 23 (legislative day, May 22), 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 151 - -_______________________________________________________________________ +regulation prescribed under subsection (a), shall, notwithstanding +section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. +503(b)(5)), be subject to a forfeiture penalty under section 503(b) of +that Act (47 U.S.C. 503(b)). A forfeiture penalty under this subsection +shall be in addition to any other penalty provided for by law. +SEC. 7. PROTECTIONS FROM SPOOFED CALLS. + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, and consistent with the call authentication +frameworks under section 4, the Commission shall initiate a rulemaking +to help protect a subscriber from receiving unwanted calls or text +messages from a caller using an unauthenticated number. + (b) Considerations.--In promulgating rules under subsection (a), +the Commission shall consider-- + (1) the Government Accountability Office report on combating + the fraudulent provision of misleading or inaccurate caller + identification information required by section 503(c) of division P + of the Consolidated Appropriations Act, 2018 (Public Law 115-141); + (2) the best means of ensuring that a subscriber or provider + has the ability to block calls from a caller using an + unauthenticated North American Numbering Plan number; + (3) the impact on the privacy of a subscriber from + unauthenticated calls; + (4) the effectiveness in verifying the accuracy of caller + identification information; and + (5) the availability and cost of providing protection from the + unwanted calls or text messages described in subsection (a). +SEC. 8. CONSUMER PROTECTIONS FOR EXEMPTIONS. + (a) In General.--Section 227(b)(2) of the Communications Act of +1934 (47 U.S.C. 227(b)(2)) is amended-- + (1) in subparagraph (G)(ii), by striking ``; and'' and + inserting a semicolon; + (2) in subparagraph (H), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(I) shall ensure that any exemption under subparagraph + (B) or (C) contains requirements for calls made in reliance on + the exemption with respect to-- + ``(i) the classes of parties that may make such calls; + ``(ii) the classes of parties that may be called; and + ``(iii) the number of such calls that a calling party + may make to a particular called party.''. + (b) Deadline for Regulations.--In the case of any exemption issued +under subparagraph (B) or (C) of section 227(b)(2) of the +Communications Act of 1934 (47 U.S.C. 227(b)(2)) before the date of the +enactment of this Act, the Commission shall, not later than 1 year +after such date of enactment, prescribe such regulations, or amend such +existing regulations, as necessary to ensure that such exemption +contains each requirement described in subparagraph (I) of such +section, as added by subsection (a). To the extent such an exemption +contains such a requirement before such date of enactment, nothing in +this section or the amendments made by this section shall be construed +to require the Commission to prescribe or amend regulations relating to +such requirement. +SEC. 9. REPORT ON REASSIGNED NUMBER DATABASE. + (a) Report to Congress.--Not later than 1 year after the date of +the enactment of this Act, the Commission shall submit to Congress, and +make publicly available on the website of the Commission, a report on +the status of the efforts of the Commission pursuant to the Second +Report and Order in the matter of Advanced Methods to Target and +Eliminate Unlawful Robocalls (CG Docket No. 17-59; FCC 18-177; adopted +on December 12, 2018). + (b) Contents.--The report required by subsection (a) shall describe +the efforts of the Commission, as described in such Second Report and +Order, to ensure-- + (1) the establishment of a database of telephone numbers that + have been disconnected, in order to provide a person making calls + subject to section 227(b) of the Communications Act of 1934 (47 + U.S.C. 227(b)) with comprehensive and timely information to enable + such person to avoid making calls without the prior express consent + of the called party because the number called has been reassigned; + (2) that a person who wishes to use any safe harbor provided + pursuant to such Second Report and Order with respect to making + calls must demonstrate that, before making the call, the person + appropriately checked the most recent update of the database and + the database reported that the number had not been disconnected; + and + (3) that if the person makes the demonstration described in + paragraph (2), the person will be shielded from liability under + section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)) + should the database return an inaccurate result. + SEC. 10. STOP ROBOCALLS. + (a) Information Sharing Regarding Robocall and Spoofing +Violations.--Section 227 of the Communications Act of 1934 (47 U.S.C. +227) is amended by adding at the end the following: + ``(i) Information Sharing.-- + ``(1) In general.--Not later than 18 months after the date of + the enactment of this subsection, the Commission shall prescribe + regulations to establish a process that streamlines the ways in + which a private entity may voluntarily share with the Commission + information relating to-- + ``(A) a call made or a text message sent in violation of + subsection (b); or + ``(B) a call or text message for which misleading or + inaccurate caller identification information was caused to be + transmitted in violation of subsection (e). + ``(2) Text message defined.--In this subsection, the term `text + message' has the meaning given such term in subsection (e)(8).''. + (b) Robocall Blocking Service.--Section 227 of the Communications +Act of 1934 (47 U.S.C. 227), as amended by subsection (a), is further +amended by adding at the end the following: + ``(j) Robocall Blocking Service.-- + ``(1) In general.--Not later than 1 year after the date of the + enactment of this subsection, the Commission shall take a final + agency action to ensure the robocall blocking services provided on + an opt-out or opt-in basis pursuant to the Declaratory Ruling of + the Commission in the matter of Advanced Methods to Target and + Eliminate Unlawful Robocalls (CG Docket No. 17-59; FCC 19-51; + adopted on June 6, 2019)-- + ``(A) are provided with transparency and effective redress + options for both-- + ``(i) consumers; and + ``(ii) callers; and + ``(B) are provided with no additional line item charge to + consumers and no additional charge to callers for resolving + complaints related to erroneously blocked calls; and + ``(C) make all reasonable efforts to avoid blocking + emergency public safety calls. + ``(2) Text message defined.--In this subsection, the term `text + message' has the meaning given such term in subsection (e)(8).''. + (c) Study on Information Requirements for Certain VoIP Service +Providers.-- + (1) In general.--The Commission shall conduct a study regarding + whether to require a provider of covered VoIP service to-- + (A) provide to the Commission contact information for such + provider and keep such information current; and + (B) retain records relating to each call transmitted over + the covered VoIP service of such provider that are sufficient + to trace such call back to the source of such call. + (2) Report to congress.--Not later than 18 months after the + date of the enactment of this Act, the Commission shall submit to + Congress a report on the results of the study conducted under + paragraph (1). + (3) Covered voip service defined.--In this subsection, the term + ``covered VoIP service'' means a service that-- + (A) is an interconnected VoIP service (as defined in + section 3 of the Communications Act of 1934 (47 U.S.C. 153)); + or + (B) would be an interconnected VoIP service (as so defined) + except that the service permits users to terminate calls to the + public switched telephone network but does not permit users to + receive calls that originate on the public switched telephone + network. + (d) Transitional Rule Regarding Definition of Text Message.-- +Paragraph (2) of subsection (i) of section 227 of the Communications +Act of 1934 (47 U.S.C. 227), as added by subsection (a) of this +section, and paragraph (2) of subsection (j) of such section 227, as +added by subsection (b) of this section, shall apply before the +effective date of the amendment made to subsection (e)(8) of such +section 227 by subparagraph (C) of section 503(a)(2) of division P of +the Consolidated Appropriations Act, 2018 (Public Law 115-141) as if +such amendment was already in effect. + SEC. 11. PROVISION OF EVIDENCE OF CERTAIN ROBOCALL VIOLATIONS TO + ATTORNEY GENERAL. + (a) In General.--If the Chief of the Enforcement Bureau of the +Commission obtains evidence that suggests a willful, knowing, and +repeated robocall violation with an intent to defraud, cause harm, or +wrongfully obtain anything of value, the Chief of the Enforcement +Bureau shall provide such evidence to the Attorney General. + (b) Report to Congress.--Not later than 1 year after the date of +the enactment of this Act, and annually thereafter, the Commission +shall publish on its website and submit to the Committee on Energy and +Commerce of the House of Representatives and the Committee on Commerce, +Science, and Transportation of the Senate a report that-- + (1) states the number of instances during the preceding year in + which the Chief of the Enforcement Bureau provided the evidence + described in subsection (a) to the Attorney General; and + (2) contains a general summary of the types of robocall + violations to which such evidence relates. + (c) Rules of Construction.--Nothing in this section shall be +construed to affect the ability of the Commission or the Chief of the +Enforcement Bureau under other law-- + (1) to refer a matter to the Attorney General; or + (2) to pursue or continue pursuit of an enforcement action in a + matter with respect to which the Chief of the Enforcement Bureau + provided the evidence described in subsection (a) to the Attorney + General. + (d) Robocall Violation Defined.--In this section, the term +``robocall violation'' means a violation of subsection (b) or (e) of +section 227 of the Communications Act of 1934 (47 U.S.C. 227). + SEC. 12. PROTECTION FROM ONE-RING SCAMS. + (a) Initiation of Proceeding.--Not later than 120 days after the +date of the enactment of this Act, the Commission shall initiate a +proceeding to protect called parties from one-ring scams. + (b) Matters To Be Considered.--As part of the proceeding required +by subsection (a), the Commission shall consider how the Commission +can-- + (1) work with Federal and State law enforcement agencies to + address one-ring scams; + (2) work with the governments of foreign countries to address + one-ring scams; + (3) in consultation with the Federal Trade Commission, better + educate consumers about how to avoid one-ring scams; + (4) incentivize voice service providers to stop calls made to + perpetrate one-ring scams from being received by called parties, + including consideration of adding identified one-ring scam type + numbers to the Commission's existing list of permissible categories + for carrier-initiated blocking; + (5) work with entities that provide call-blocking services to + address one-ring scams; and + (6) establish obligations on international gateway providers + that are the first point of entry for these calls into the United + States, including potential requirements that such providers verify + with the foreign originator the nature or purpose of calls before + initiating service. + (c) Report to Congress.--Not later than 1 year after the date of +the enactment of this Act, the Commission shall publish on its website +and submit to the Committee on Energy and Commerce of the House of +Representatives and the Committee on Commerce, Science, and +Transportation of the Senate a report on the status of the proceeding +required by subsection (a). + (d) Definitions.--In this section: + (1) One-ring scam.--The term ``one-ring scam'' means a scam in + which a caller makes a call and allows the call to ring the called + party for a short duration, in order to prompt the called party to + return the call, thereby subjecting the called party to charges. + (2) State.--The term ``State'' has the meaning given such term + in section 3 of the Communications Act of 1934 (47 U.S.C. 153). + (3) Voice service.--The term ``voice service'' has the meaning + given such term in section 227(e)(8) of the Communications Act of + 1934 (47 U.S.C. 227(e)(8)). This paragraph shall apply before the + effective date of the amendment made to such section by + subparagraph (C) of section 503(a)(2) of division P of the + Consolidated Appropriations Act, 2018 (Public Law 115-141) as if + such amendment was already in effect. + SEC. 13. ANNUAL ROBOCALL REPORT. + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, and annually thereafter, the Commission shall +make publicly available on the website of the Commission, and submit to +the Committee on Energy and Commerce of the House of Representatives +and the Committee on Commerce, Science, and Transportation of the +Senate, a report on the status of private-led efforts to trace back the +origin of suspected unlawful robocalls by the registered consortium and +the participation of voice service providers in such efforts. + (b) Contents of Report.--The report required under subsection (a) +shall include, at minimum, the following: + (1) A description of private-led efforts to trace back the + origin of suspected unlawful robocalls by the registered consortium + and the actions taken by the registered consortium to coordinate + with the Commission. + (2) A list of voice service providers identified by the + registered consortium that participated in private-led efforts to + trace back the origin of suspected unlawful robocalls through the + registered consortium. + (3) A list of each voice service provider that received a + request from the registered consortium to participate in private- + led efforts to trace back the origin of suspected unlawful + robocalls and refused to participate, as identified by the + registered consortium. + (4) The reason, if any, each voice service provider identified + by the registered consortium provided for not participating in + private-led efforts to trace back the origin of suspected unlawful + robocalls. + (5) A description of how the Commission may use the information + provided to the Commission by voice service providers or the + registered consortium that have participated in private-led efforts + to trace back the origin of suspected unlawful robocalls in the + enforcement efforts by the Commission. + (c) Additional Information.--Not later than 210 days after the date +of the enactment of this Act, and annually thereafter, the Commission +shall issue a notice to the public seeking additional information from +voice service providers and the registered consortium of private-led +efforts to trace back the origin of suspected unlawful robocalls +necessary for the report by the Commission required under subsection +(a). + (d) Registration of Consortium of Private-Led Efforts To Trace Back +the Origin of Suspected Unlawful Robocalls.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Commission shall issue rules to + establish a registration process for the registration of a single + consortium that conducts private-led efforts to trace back the + origin of suspected unlawful robocalls. The consortium shall meet + the following requirements: + (A) Be a neutral third party competent to manage the + private-led effort to trace back the origin of suspected + unlawful robocalls in the judgement of the Commission. + (B) Maintain a set of written best practices about the + management of such efforts and regarding providers of voice + services' participation in private-led efforts to trace back + the origin of suspected unlawful robocalls. + (C) Consistent with section 222(d)(2) of the Communications + Act of 1934 (47 U.S.C. 222(d)(2)), any private-led efforts to + trace back the origin of suspected unlawful robocalls conducted + by the third party focus on ``fraudulent, abusive, or + unlawful'' traffic. + (D) File a notice with the Commission that the consortium + intends to conduct private-led efforts to trace back in advance + of such registration. + (2) Annual notice by the commission seeking registrations.--Not + later than 120 days after the date of the enactment of this Act, + and annually thereafter, the Commission shall issue a notice to the + public seeking the registration described in paragraph (1). + (e) List of Voice Service Providers.--The Commission may publish a +list of voice service providers and take appropriate enforcement action +based on information obtained from the consortium about voice service +providers that refuse to participate in private-led efforts to trace +back the origin of suspected unlawful robocalls, and other information +the Commission may collect about voice service providers that are found +to originate or transmit substantial amounts of unlawful robocalls. + (f) Definitions.--In this section: + (1) Private-led effort to trace back.--The term ``private-led + effort to trace back'' means an effort made by the registered + consortium of voice service providers to establish a methodology + for determining the origin of a suspected unlawful robocall. + (2) Registered consortium.--The term ``registered consortium'' + means the consortium registered under subsection (d). + (3) Suspected unlawful robocall.--The term ``suspected unlawful + robocall'' means a call that the Commission or a voice service + provider reasonably believes was made in violation of subsection + (b) or (e) of section 227 of the Communications Act of 1934 (47 + U.S.C. 227). + (4) Voice service.--The term ``voice service''-- + (A) means any service that is interconnected with the + public switched telephone network and that furnishes voice + communications to an end user using resources from the North + American Numbering Plan or any successor to the North American + Numbering Plan adopted by the Commission under section + 251(e)(1) of the Communications Act of 1934 (47 U.S.C. + 251(e)(1)); and + (B) includes-- + (i) transmissions from a telephone facsimile machine, + computer, or other device to a telephone facsimile machine; + and + (ii) without limitation, any service that enables real- + time, two-way voice communications, including any service + that requires internet protocol-compatible customer + premises equipment (commonly known as ``CPE'') and permits + out-bound calling, whether or not the service is one-way or + two-way voice over internet protocol. + SEC. 14. HOSPITAL ROBOCALL PROTECTION GROUP. + (a) Establishment.--Not later than 180 days after the date of the +enactment of this Act, the Commission shall establish an advisory +committee to be known as the ``Hospital Robocall Protection Group''. + (b) Membership.--The Group shall be composed only of the following +members: + (1) An equal number of representatives from each of the + following: + (A) Voice service providers that serve hospitals. + (B) Companies that focus on mitigating unlawful robocalls. + (C) Consumer advocacy organizations. + (D) Providers of one-way voice over internet protocol + services described in subsection (e)(3)(B)(ii). + (E) Hospitals. + (F) State government officials focused on combating + unlawful robocalls. + (2) One representative of the Commission. + (3) One representative of the Federal Trade Commission. + (c) Issuance of Best Practices.--Not later than 180 days after the +date on which the Group is established under subsection (a), the Group +shall issue best practices regarding the following: + (1) How voice service providers can better combat unlawful + robocalls made to hospitals. + (2) How hospitals can better protect themselves from such + calls, including by using unlawful robocall mitigation techniques. + (3) How the Federal Government and State governments can help + combat such calls. + (d) Proceeding by FCC.--Not later than 180 days after the date on +which the best practices are issued by the Group under subsection (c), +the Commission shall conclude a proceeding to assess the extent to +which the voluntary adoption of such best practices can be facilitated +to protect hospitals and other institutions. + (e) Definitions.--In this section: + (1) Group.--The term ``Group'' means the Hospital Robocall + Protection Group established under subsection (a). + (2) State.--The term ``State'' has the meaning given such term + in section 3 of the Communications Act of 1934 (47 U.S.C. 153). + (3) Voice service.--The term ``voice service''-- + (A) means any service that is interconnected with the + public switched telephone network and that furnishes voice + communications to an end user using resources from the North + American Numbering Plan or any successor to the North American + Numbering Plan adopted by the Commission under section + 251(e)(1) of the Communications Act of 1934 (47 U.S.C. + 251(e)(1)); and + (B) includes-- + (i) transmissions from a telephone facsimile machine, + computer, or other device to a telephone facsimile machine; + and + (ii) without limitation, any service that enables real- + time, two-way voice communications, including any service + that requires internet protocol-compatible customer + premises equipment (commonly known as ``CPE'') and permits + out-bound calling, whether or not the service is one-way or + two-way voice over internet protocol. + SEC. 15. SEPARABILITY CLAUSE. + If any provision of this Act, the amendments made by this Act, or +the application thereof to any person or circumstance is held invalid, +the remainder of this Act, the amendments made by this Act, and the +application of such provision to other persons or circumstances shall +not be affected thereby. - AN ACT + Speaker of the House of Representatives. - To deter criminal robocall violations and improve enforcement of - section 227(b) of the Communications Act of 1934, and for other - purposes. + Vice President of the United States and + President of the Senate. From 9389149ebf2da12cbb34afbe5995d7406a90b0cb Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 679/984] Senate-153: Introduced to Senate --- bills_text/Senate-153.txt | 180 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 180 insertions(+) create mode 100644 bills_text/Senate-153.txt diff --git a/bills_text/Senate-153.txt b/bills_text/Senate-153.txt new file mode 100644 index 0000000..9151b9b --- /dev/null +++ b/bills_text/Senate-153.txt @@ -0,0 +1,180 @@ +116th CONGRESS + 1st Session + S. 153 + +To promote veteran involvement in STEM education, computer science, and + scientific research, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 16, 2019 + + Mr. Rubio (for himself and Ms. Klobuchar) introduced the following + bill; which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + +To promote veteran involvement in STEM education, computer science, and + scientific research, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Supporting Veterans in STEM Careers +Act''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Director.--The term ``Director'' means the Director of + the National Science Foundation. + (2) Foundation.--The term ``Foundation'' means the National + Science Foundation. + (3) STEM.--The term ``STEM'' has the meaning given the term + in section 2 of the America COMPETES Reauthorization Act of + 2010 (42 U.S.C. 6621 note). + (4) Veteran.--The term ``veteran'' has the meaning given + the term in section 101 of title 38, United States Code. + +SEC. 3. SUPPORTING VETERANS IN STEM EDUCATION AND COMPUTER SCIENCE. + + (a) Supporting Veteran Involvement in Scientific Research and STEM +Education.--The Director shall, through the research and education +activities of the Foundation, encourage veterans to study and pursue +careers in STEM and computer science, in coordination with other +Federal agencies that serve veterans. + (b) Veteran Outreach Plan.--Not later than 180 days after the date +of enactment of this Act, the Director shall submit to the Committee on +Science, Space, and Technology of the House of Representatives and the +Committee on Commerce, Science, and Transportation of the Senate a plan +for how the Foundation can enhance its outreach efforts to veterans. +Such plan shall-- + (1) report on the Foundation's existing outreach + activities; + (2) identify the best method for the Foundation to leverage + existing authorities and programs to facilitate and support + veterans in STEM careers and studies, including teaching + programs; and + (3) include options for how the Foundation could track + veteran participation in research and education programs of the + Foundation, and describe any barriers to collecting such + information. + (c) National Science Board Indicators Report.--The National Science +Board shall provide in its annual report on indicators of the state of +science and engineering in the United States any available and relevant +data on veterans in science and engineering careers or education +programs. + (d) Robert Noyce Teacher Scholarship Program Update.--Section 10 of +the National Science Foundation Authorization Act of 2002 (42 U.S.C. +1862n-1) is amended-- + (1) in subsection (a)(5)-- + (A) in subparagraph (A), by striking ``and'' at the + end; + (B) in subparagraph (B), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(C) higher education programs that serve or + support veterans.''; + (2) in subsection (b)(2)(F)-- + (A) by striking ``and students'' and inserting ``, + students''; and + (B) by inserting ``, and veterans'' before the + period at the end; + (3) in subsection (c)(2), by inserting ``and veterans'' + before the period at the end; and + (4) in subsection (d)(2), by inserting ``and veterans'' + before the period at the end. + (e) National Science Foundation Teaching Fellowships and Master +Teaching Fellowships Update.--Section 10A(d) of the National Science +Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(d)) is +amended-- + (1) in paragraph (3)(F)-- + (A) by striking ``and individuals'' and inserting + ``, individuals''; and + (B) by inserting ``, and veterans'' before the + period at the end; and + (2) in paragraph (4)(B), by inserting ``and veterans'' + before the period at the end. + (f) National Science Foundation Computer and Network Security +Capacity Building Grants Update.--Section 5(a) of the Cyber Security +Research and Development Act (15 U.S.C. 7404(a)) is amended-- + (1) in paragraph (1), by inserting ``and students who are + veterans'' after ``these fields''; and + (2) in paragraph (3)-- + (A) in subparagraph (I), by striking ``and'' at the + end; + (B) by redesignating subparagraph (J) as + subparagraph (K); and + (C) by inserting after subparagraph (I) the + following: + ``(J) creating opportunities for veterans to + transition to careers in computer and network security; + and''. + (g) Graduate Traineeships in Computer and Network Security Research +Update.--Section 5(c)(6)(C) of the Cyber Security Research and +Development Act (15 U.S.C. 7404(c)(6)(C)) is amended by inserting ``or +veterans'' after ``disciplines''. + (h) Veterans and Military Families STEM Education Interagency +Working Group.-- + (1) In general.--The Director of the Office of Science and + Technology Policy shall establish an interagency working group + to coordinate Federal programs and policies for transitioning + and training veterans and military spouses for STEM careers. + (2) Duties of interagency working group.--The interagency + working group established under paragraph (1) shall-- + (A) coordinate any Federal agency STEM outreach + activities and programs for veterans and military + spouses; and + (B) develop and facilitate the implementation by + participating agencies of a strategic plan, which + shall-- + (i) specify and prioritize short- and long- + term objectives; + (ii) specify the common metrics that will + be used by Federal agencies to assess progress + toward achieving such objectives; + (iii) identify barriers veterans face in + reentering the workforce, including a lack of + formal STEM education, career guidance, and the + process of transferring military credits and + skills to college credits; + (iv) identify barriers military spouses + face in establishing careers in STEM fields; + (v) describe the approaches that each + participating agency will take to address + administratively the barriers described in + clauses (iii) and (iv); and + (vi) identify any barriers that require + Federal or State legislative or regulatory + changes in order to be addressed. + (3) Duties of ostp.--The Director of the Office of Science + and Technology Policy shall encourage and monitor the efforts + of the Federal agencies participating in the interagency + working group to ensure that the strategic plan required under + paragraph (2)(B) is developed and executed effectively and that + the objectives of such strategic plan are met. + (4) Report.--The Director of the Office of Science and + Technology Policy shall-- + (A) not later than 1 year after the date of + enactment of this Act, submit to Congress the strategic + plan required under paragraph (2)(B); and + (B) include in the annual report required by + section 101(d) of the America COMPETES Reauthorization + Act of 2010 (42 U.S.C. 6621(d)) a description of any + progress made in carrying out the activities described + in paragraph (2)(B) of this subsection. + (5) Sunset.--The interagency working group established + under paragraph (1) shall terminate on the date that is 5 years + after the date that it is established. + \ No newline at end of file From ead0d10578edf68e0a2c139b0ed410bf45b3f290 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 680/984] Senate-153: Engrossed in Senate --- bills_text/Senate-153.txt | 144 ++++++++++++++++++++++---------------- 1 file changed, 85 insertions(+), 59 deletions(-) diff --git a/bills_text/Senate-153.txt b/bills_text/Senate-153.txt index 9151b9b..fa64821 100644 --- a/bills_text/Senate-153.txt +++ b/bills_text/Senate-153.txt @@ -2,24 +2,9 @@ 1st Session S. 153 -To promote veteran involvement in STEM education, computer science, and - scientific research, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - January 16, 2019 - - Mr. Rubio (for himself and Ms. Klobuchar) introduced the following - bill; which was read twice and referred to the Committee on Commerce, - Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -128,53 +113,94 @@ veterans'' after ``disciplines''. (h) Veterans and Military Families STEM Education Interagency Working Group.-- (1) In general.--The Director of the Office of Science and - Technology Policy shall establish an interagency working group - to coordinate Federal programs and policies for transitioning - and training veterans and military spouses for STEM careers. - (2) Duties of interagency working group.--The interagency - working group established under paragraph (1) shall-- - (A) coordinate any Federal agency STEM outreach - activities and programs for veterans and military - spouses; and - (B) develop and facilitate the implementation by - participating agencies of a strategic plan, which - shall-- - (i) specify and prioritize short- and long- - term objectives; - (ii) specify the common metrics that will - be used by Federal agencies to assess progress - toward achieving such objectives; - (iii) identify barriers veterans face in - reentering the workforce, including a lack of - formal STEM education, career guidance, and the - process of transferring military credits and - skills to college credits; - (iv) identify barriers military spouses - face in establishing careers in STEM fields; - (v) describe the approaches that each - participating agency will take to address - administratively the barriers described in - clauses (iii) and (iv); and - (vi) identify any barriers that require - Federal or State legislative or regulatory - changes in order to be addressed. - (3) Duties of ostp.--The Director of the Office of Science - and Technology Policy shall encourage and monitor the efforts - of the Federal agencies participating in the interagency - working group to ensure that the strategic plan required under - paragraph (2)(B) is developed and executed effectively and that - the objectives of such strategic plan are met. - (4) Report.--The Director of the Office of Science and + Technology Policy shall establish, or designate, an interagency + working group to improve veteran and military spouse equity and + representation in STEM fields. + (2) Duties of interagency working group.--An interagency + working group established under paragraph (1) shall develop and + facilitate the implementation by participating agencies of a + strategic plan, which shall-- + (A) specify and prioritize short- and long-term + objectives; + (B) specify the common metrics that will be used by + Federal agencies to assess progress toward achieving + such objectives; + (C) identify barriers veterans face in reentering + the workforce, including a lack of formal STEM + education, career guidance, and the process of + transferring military credits and skills to college + credits; + (D) identify barriers military spouses face in + establishing careers in STEM fields; + (E) describe the approaches that each participating + agency will take to address administratively the + barriers described in subparagraphs (C) and (D); and + (F) identify any barriers that require Federal or + State legislative or regulatory changes in order to be + addressed. + (3) Report.--The Director of the Office of Science and Technology Policy shall-- (A) not later than 1 year after the date of enactment of this Act, submit to Congress the strategic - plan required under paragraph (2)(B); and + plan required under paragraph (2); and (B) include in the annual report required by section 101(d) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621(d)) a description of any progress made in carrying out the activities described - in paragraph (2)(B) of this subsection. - (5) Sunset.--The interagency working group established - under paragraph (1) shall terminate on the date that is 5 years - after the date that it is established. - \ No newline at end of file + in paragraph (2) of this subsection. + (4) Sunset.--An interagency working group established under + paragraph (1) shall terminate on the date that is 3 years after + the date that it is established. + +SEC. 4. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON + BARRIERS FACED BY STUDENT VETERANS PURSUING DEGREES IN + SCIENCE, TECHNOLOGY, ENGINEERING, OR MATH. + + (a) Study.--Not later than August 1, 2022, the Comptroller General +of the United States shall complete a study on academic success rates +of student veterans pursuing covered degrees and barriers faced by such +students in pursuing such degrees. + (b) Elements.--The study required by subsection (a) shall include +the following: + (1) Assessment of available information on the percentage + or number of student veterans pursuing a covered degree with + educational assistance furnished under chapter 33 of title 38, + United States Code. + (2) Assessment of available information on the percentage + or number of such students who pursue a covered degree and do + not obtain such degree in four or fewer academic years. + (3) Identification of the reasons that such students do not + obtain such degree in four or fewer academic years and whether + such reasons are barriers to obtaining such degrees. + (4) Development of recommendations for legislative or + administrative action to better align the educational + assistance furnished under chapter 33 of title 38, United + States Code, with the needs of such students and address the + reasons identified under paragraph (3). + (c) Report.--Not later than August 1, 2022, the Comptroller General +shall submit to Congress a report on the findings of the Comptroller +General with respect to the study completed under subsection (a), along +with recommendations for such legislative or administrative action as +the Comptroller General considers appropriate. + (d) Definition of Covered Degree.--In this section, the term +``covered degree'' means a standard, undergraduate college degree in a +field listed under section 3320(b)(4)(A)(i) of title 38, United States +Code. + + Passed the Senate December 18, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 153 + +_______________________________________________________________________ + + AN ACT + +To promote veteran involvement in STEM education, computer science, and + scientific research, and for other purposes. From b89501fd4a814ea7c2890c56ed7c7d853af7272c Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 681/984] Senate-153: Enrolled --- bills_text/Senate-153.txt | 257 +++++++++++++++++--------------------- 1 file changed, 117 insertions(+), 140 deletions(-) diff --git a/bills_text/Senate-153.txt b/bills_text/Senate-153.txt index fa64821..b5c51aa 100644 --- a/bills_text/Senate-153.txt +++ b/bills_text/Senate-153.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 153 + S.153 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -13,27 +22,21 @@ To promote veteran involvement in STEM education, computer science, and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Supporting Veterans in STEM Careers Act''. - SEC. 2. DEFINITIONS. - In this Act: - (1) Director.--The term ``Director'' means the Director of - the National Science Foundation. - (2) Foundation.--The term ``Foundation'' means the National - Science Foundation. - (3) STEM.--The term ``STEM'' has the meaning given the term - in section 2 of the America COMPETES Reauthorization Act of - 2010 (42 U.S.C. 6621 note). - (4) Veteran.--The term ``veteran'' has the meaning given - the term in section 101 of title 38, United States Code. - + (1) Director.--The term ``Director'' means the Director of the + National Science Foundation. + (2) Foundation.--The term ``Foundation'' means the National + Science Foundation. + (3) STEM.--The term ``STEM'' has the meaning given the term in + section 2 of the America COMPETES Reauthorization Act of 2010 (42 + U.S.C. 6621 note). + (4) Veteran.--The term ``veteran'' has the meaning given the + term in section 101 of title 38, United States Code. SEC. 3. SUPPORTING VETERANS IN STEM EDUCATION AND COMPUTER SCIENCE. - (a) Supporting Veteran Involvement in Scientific Research and STEM Education.--The Director shall, through the research and education activities of the Foundation, encourage veterans to study and pursue @@ -45,16 +48,14 @@ Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for how the Foundation can enhance its outreach efforts to veterans. Such plan shall-- - (1) report on the Foundation's existing outreach - activities; - (2) identify the best method for the Foundation to leverage - existing authorities and programs to facilitate and support - veterans in STEM careers and studies, including teaching - programs; and - (3) include options for how the Foundation could track - veteran participation in research and education programs of the - Foundation, and describe any barriers to collecting such - information. + (1) report on the Foundation's existing outreach activities; + (2) identify the best method for the Foundation to leverage + existing authorities and programs to facilitate and support + veterans in STEM careers and studies, including teaching programs; + and + (3) include options for how the Foundation could track veteran + participation in research and education programs of the Foundation, + and describe any barriers to collecting such information. (c) National Science Board Indicators Report.--The National Science Board shall provide in its annual report on indicators of the state of science and engineering in the United States any available and relevant @@ -63,120 +64,109 @@ programs. (d) Robert Noyce Teacher Scholarship Program Update.--Section 10 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1) is amended-- - (1) in subsection (a)(5)-- - (A) in subparagraph (A), by striking ``and'' at the - end; - (B) in subparagraph (B), by striking the period at - the end and inserting ``; and''; and - (C) by adding at the end the following: - ``(C) higher education programs that serve or - support veterans.''; - (2) in subsection (b)(2)(F)-- - (A) by striking ``and students'' and inserting ``, - students''; and - (B) by inserting ``, and veterans'' before the - period at the end; - (3) in subsection (c)(2), by inserting ``and veterans'' - before the period at the end; and - (4) in subsection (d)(2), by inserting ``and veterans'' - before the period at the end. + (1) in subsection (a)(5)-- + (A) in subparagraph (A), by striking ``and'' at the end; + (B) in subparagraph (B), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: + ``(C) higher education programs that serve or support + veterans.''; + (2) in subsection (b)(2)(F)-- + (A) by striking ``and students'' and inserting ``, + students''; and + (B) by inserting ``, and veterans'' before the period at + the end; + (3) in subsection (c)(2), by inserting ``and veterans'' before + the period at the end; and + (4) in subsection (d)(2), by inserting ``and veterans'' before + the period at the end. (e) National Science Foundation Teaching Fellowships and Master Teaching Fellowships Update.--Section 10A(d) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(d)) is amended-- - (1) in paragraph (3)(F)-- - (A) by striking ``and individuals'' and inserting - ``, individuals''; and - (B) by inserting ``, and veterans'' before the - period at the end; and - (2) in paragraph (4)(B), by inserting ``and veterans'' - before the period at the end. + (1) in paragraph (3)(F)-- + (A) by striking ``and individuals'' and inserting ``, + individuals''; and + (B) by inserting ``, and veterans'' before the period at + the end; and + (2) in paragraph (4)(B), by inserting ``and veterans'' before + the period at the end. (f) National Science Foundation Computer and Network Security Capacity Building Grants Update.--Section 5(a) of the Cyber Security Research and Development Act (15 U.S.C. 7404(a)) is amended-- - (1) in paragraph (1), by inserting ``and students who are - veterans'' after ``these fields''; and - (2) in paragraph (3)-- - (A) in subparagraph (I), by striking ``and'' at the - end; - (B) by redesignating subparagraph (J) as - subparagraph (K); and - (C) by inserting after subparagraph (I) the - following: - ``(J) creating opportunities for veterans to - transition to careers in computer and network security; - and''. + (1) in paragraph (1), by inserting ``and students who are + veterans'' after ``these fields''; and + (2) in paragraph (3)-- + (A) in subparagraph (I), by striking ``and'' at the end; + (B) by redesignating subparagraph (J) as subparagraph (K); + and + (C) by inserting after subparagraph (I) the following: + ``(J) creating opportunities for veterans to transition to + careers in computer and network security; and''. (g) Graduate Traineeships in Computer and Network Security Research Update.--Section 5(c)(6)(C) of the Cyber Security Research and Development Act (15 U.S.C. 7404(c)(6)(C)) is amended by inserting ``or veterans'' after ``disciplines''. (h) Veterans and Military Families STEM Education Interagency Working Group.-- - (1) In general.--The Director of the Office of Science and - Technology Policy shall establish, or designate, an interagency - working group to improve veteran and military spouse equity and - representation in STEM fields. - (2) Duties of interagency working group.--An interagency - working group established under paragraph (1) shall develop and - facilitate the implementation by participating agencies of a - strategic plan, which shall-- - (A) specify and prioritize short- and long-term - objectives; - (B) specify the common metrics that will be used by - Federal agencies to assess progress toward achieving - such objectives; - (C) identify barriers veterans face in reentering - the workforce, including a lack of formal STEM - education, career guidance, and the process of - transferring military credits and skills to college - credits; - (D) identify barriers military spouses face in - establishing careers in STEM fields; - (E) describe the approaches that each participating - agency will take to address administratively the - barriers described in subparagraphs (C) and (D); and - (F) identify any barriers that require Federal or - State legislative or regulatory changes in order to be - addressed. - (3) Report.--The Director of the Office of Science and - Technology Policy shall-- - (A) not later than 1 year after the date of - enactment of this Act, submit to Congress the strategic - plan required under paragraph (2); and - (B) include in the annual report required by - section 101(d) of the America COMPETES Reauthorization - Act of 2010 (42 U.S.C. 6621(d)) a description of any - progress made in carrying out the activities described - in paragraph (2) of this subsection. - (4) Sunset.--An interagency working group established under - paragraph (1) shall terminate on the date that is 3 years after - the date that it is established. - + (1) In general.--The Director of the Office of Science and + Technology Policy shall establish, or designate, an interagency + working group to improve veteran and military spouse equity and + representation in STEM fields. + (2) Duties of interagency working group.--An interagency + working group established under paragraph (1) shall develop and + facilitate the implementation by participating agencies of a + strategic plan, which shall-- + (A) specify and prioritize short- and long-term objectives; + (B) specify the common metrics that will be used by Federal + agencies to assess progress toward achieving such objectives; + (C) identify barriers veterans face in reentering the + workforce, including a lack of formal STEM education, career + guidance, and the process of transferring military credits and + skills to college credits; + (D) identify barriers military spouses face in establishing + careers in STEM fields; + (E) describe the approaches that each participating agency + will take to address administratively the barriers described in + subparagraphs (C) and (D); and + (F) identify any barriers that require Federal or State + legislative or regulatory changes in order to be addressed. + (3) Report.--The Director of the Office of Science and + Technology Policy shall-- + (A) not later than 1 year after the date of enactment of + this Act, submit to Congress the strategic plan required under + paragraph (2); and + (B) include in the annual report required by section 101(d) + of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. + 6621(d)) a description of any progress made in carrying out the + activities described in paragraph (2) of this subsection. + (4) Sunset.--An interagency working group established under + paragraph (1) shall terminate on the date that is 3 years after the + date that it is established. SEC. 4. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON - BARRIERS FACED BY STUDENT VETERANS PURSUING DEGREES IN - SCIENCE, TECHNOLOGY, ENGINEERING, OR MATH. - +BARRIERS FACED BY STUDENT VETERANS PURSUING DEGREES IN SCIENCE, +TECHNOLOGY, ENGINEERING, OR MATH. (a) Study.--Not later than August 1, 2022, the Comptroller General of the United States shall complete a study on academic success rates of student veterans pursuing covered degrees and barriers faced by such students in pursuing such degrees. (b) Elements.--The study required by subsection (a) shall include the following: - (1) Assessment of available information on the percentage - or number of student veterans pursuing a covered degree with - educational assistance furnished under chapter 33 of title 38, - United States Code. - (2) Assessment of available information on the percentage - or number of such students who pursue a covered degree and do - not obtain such degree in four or fewer academic years. - (3) Identification of the reasons that such students do not - obtain such degree in four or fewer academic years and whether - such reasons are barriers to obtaining such degrees. - (4) Development of recommendations for legislative or - administrative action to better align the educational - assistance furnished under chapter 33 of title 38, United - States Code, with the needs of such students and address the - reasons identified under paragraph (3). + (1) Assessment of available information on the percentage or + number of student veterans pursuing a covered degree with + educational assistance furnished under chapter 33 of title 38, + United States Code. + (2) Assessment of available information on the percentage or + number of such students who pursue a covered degree and do not + obtain such degree in four or fewer academic years. + (3) Identification of the reasons that such students do not + obtain such degree in four or fewer academic years and whether such + reasons are barriers to obtaining such degrees. + (4) Development of recommendations for legislative or + administrative action to better align the educational assistance + furnished under chapter 33 of title 38, United States Code, with + the needs of such students and address the reasons identified under + paragraph (3). (c) Report.--Not later than August 1, 2022, the Comptroller General shall submit to Congress a report on the findings of the Comptroller General with respect to the study completed under subsection (a), along @@ -187,20 +177,7 @@ the Comptroller General considers appropriate. field listed under section 3320(b)(4)(A)(i) of title 38, United States Code. - Passed the Senate December 18, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - S. 153 - -_______________________________________________________________________ - - AN ACT - -To promote veteran involvement in STEM education, computer science, and - scientific research, and for other purposes. + Vice President of the United States and + President of the Senate. From d01ca2a325acbd11525e5a12a9d84f49de08e1ff Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 682/984] Senate-163: Introduced to Senate --- bills_text/Senate-163.txt | 56 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 56 insertions(+) create mode 100644 bills_text/Senate-163.txt diff --git a/bills_text/Senate-163.txt b/bills_text/Senate-163.txt new file mode 100644 index 0000000..65c3741 --- /dev/null +++ b/bills_text/Senate-163.txt @@ -0,0 +1,56 @@ +116th CONGRESS + 1st Session + S. 163 + + To prevent catastrophic failure or shutdown of remote diesel power + engines due to emission control devices, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 16, 2019 + + Mr. Sullivan (for himself and Ms. Murkowski) introduced the following +bill; which was read twice and referred to the Committee on Environment + and Public Works + +_______________________________________________________________________ + + A BILL + + + + To prevent catastrophic failure or shutdown of remote diesel power + engines due to emission control devices, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Alaska Remote Generator Reliability +and Protection Act''. + +SEC. 2. REVISION OF REGULATIONS REQUIRED. + + (a) In General.--The Administrator of the Environmental Protection +Agency shall revise section 60.4216(c) of title 40, Code of Federal +Regulations (as in effect on the date of enactment of this Act), by +striking ``that was not certified'' and all that follows through +``compared to engine-out emissions'' and inserting ``must have that +engine certified as meeting at least Tier 3 PM standards''. + (b) Emissions and Energy Reliability Study.--Not later than 1 year +after the date of enactment of this Act, the Administrator of the +Environmental Protection Agency, in consultation with the Secretary of +Energy, 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 assessing options for the Federal Government +to assist remote areas in the State of Alaska in meeting the energy +needs of those areas in an affordable and reliable manner using-- + (1) existing emissions control technology; or + (2) other technology that achieves emissions reductions + similar to the technology described in paragraph (1). + \ No newline at end of file From 8562102d886e2c859bded647b999d4e377db77a6 Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 683/984] Senate-163: Engrossed in Senate --- bills_text/Senate-163.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-163.txt b/bills_text/Senate-163.txt index 65c3741..9e92f4f 100644 --- a/bills_text/Senate-163.txt +++ b/bills_text/Senate-163.txt @@ -2,24 +2,9 @@ 1st Session S. 163 - To prevent catastrophic failure or shutdown of remote diesel power - engines due to emission control devices, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - January 16, 2019 - - Mr. Sullivan (for himself and Ms. Murkowski) introduced the following -bill; which was read twice and referred to the Committee on Environment - and Public Works - _______________________________________________________________________ - A BILL + AN ACT @@ -53,4 +38,21 @@ needs of those areas in an affordable and reliable manner using-- (1) existing emissions control technology; or (2) other technology that achieves emissions reductions similar to the technology described in paragraph (1). - \ No newline at end of file + + Passed the Senate May 20, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 163 + +_______________________________________________________________________ + + AN ACT + + To prevent catastrophic failure or shutdown of remote diesel power + engines due to emission control devices, and for other purposes. From 8a946fd2883254ae6132192800ae628f7994012e Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 684/984] Senate-163: Enrolled --- bills_text/Senate-163.txt | 50 ++++++++++++++++----------------------- 1 file changed, 21 insertions(+), 29 deletions(-) diff --git a/bills_text/Senate-163.txt b/bills_text/Senate-163.txt index 9e92f4f..ce5c56a 100644 --- a/bills_text/Senate-163.txt +++ b/bills_text/Senate-163.txt @@ -1,26 +1,31 @@ -116th CONGRESS - 1st Session - S. 163 + S.163 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To prevent catastrophic failure or shutdown of remote diesel power + To prevent catastrophic failure or shutdown of remote diesel power engines due to emission control devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Alaska Remote Generator Reliability and Protection Act''. - SEC. 2. REVISION OF REGULATIONS REQUIRED. - (a) In General.--The Administrator of the Environmental Protection Agency shall revise section 60.4216(c) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), by @@ -35,24 +40,11 @@ of the Senate and the Committee on Energy and Commerce of the House of Representatives a report assessing options for the Federal Government to assist remote areas in the State of Alaska in meeting the energy needs of those areas in an affordable and reliable manner using-- - (1) existing emissions control technology; or - (2) other technology that achieves emissions reductions - similar to the technology described in paragraph (1). - - Passed the Senate May 20, 2019. - - Attest: - - Secretary. -116th CONGRESS + (1) existing emissions control technology; or + (2) other technology that achieves emissions reductions similar + to the technology described in paragraph (1). - 1st Session + Speaker of the House of Representatives. - S. 163 - -_______________________________________________________________________ - - AN ACT - - To prevent catastrophic failure or shutdown of remote diesel power - engines due to emission control devices, and for other purposes. + Vice President of the United States and + President of the Senate. From de0a2de50fc513580cd2022a10bd30687f553647 Mon Sep 17 00:00:00 2001 From: "Sen. Smith, Tina [D-MN]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 685/984] Senate-199: Introduced to Senate --- bills_text/Senate-199.txt | 155 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 155 insertions(+) create mode 100644 bills_text/Senate-199.txt diff --git a/bills_text/Senate-199.txt b/bills_text/Senate-199.txt new file mode 100644 index 0000000..d8cfe79 --- /dev/null +++ b/bills_text/Senate-199.txt @@ -0,0 +1,155 @@ +116th CONGRESS + 1st Session + S. 199 + + To provide for the transfer of certain Federal land in the State of + Minnesota for the benefit of the Leech Lake Band of Ojibwe. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 24, 2019 + + Ms. Smith (for herself and Ms. Klobuchar) introduced the following + bill; which was read twice and referred to the Committee on Indian + Affairs + +_______________________________________________________________________ + + A BILL + + + + To provide for the transfer of certain Federal land in the State of + Minnesota for the benefit of the Leech Lake Band of Ojibwe. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Leech Lake Band of Ojibwe +Reservation Restoration Act''. + +SEC. 2. LEECH LAKE BAND OF OJIBWE RESERVATION RESTORATION. + + (a) Findings.--Congress finds that-- + (1) the Federal land described in subsection (b)(1) was + taken from members of the Leech Lake Band of Ojibwe during a + period-- + (A) beginning in 1948; + (B) during which the Bureau of Indian Affairs + incorrectly interpreted an order of the Secretary of + the Interior to mean that the Department of the + Interior had the authority to sell tribal allotments + without the consent of a majority of the rightful + landowners; and + (C) ending in 1959, when the Secretary of the + Interior was-- + (i) advised that sales described in + subparagraph (B) were illegal; and + (ii) ordered to cease conducting those + sales; + (2) as a result of the Federal land described in subsection + (b)(1) being taken from members of the Leech Lake Band of + Ojibwe, the Leech Lake Band of Ojibwe hold the smallest + percentage of its original reservation lands of any Ojibwe + bands in Minnesota; + (3)(A) the applicable statute of limitations prohibits + individuals from pursuing through litigation the return of the + land taken as described in paragraph (1); but + (B) a Federal judge ruled that the land could be restored + to the affected individuals through the legislative process; + (4) a comprehensive review of the Federal land demonstrated + that-- + (A) a portion of the Federal land is encumbered + by-- + (i) utility easements; + (ii) rights-of-way for roads; and + (iii) flowage and reservoir rights; and + (B) there are no known cabins, campgrounds, lodges, + or resorts located on any portion of the Federal land; + and + (5) on reacquisition by the Tribe of the Federal land, the + Tribe-- + (A) has pledged to respect the easements, rights- + of-way, and other rights described in paragraph (4)(A); + and + (B)(i) does not intend immediately to modify the + use of the Federal land; but + (ii) will keep the Federal land in tax-exempt fee + status as part of the Chippewa National Forest until + the Tribe develops a plan that allows for a gradual + subdivision of some tracts for economic and residential + development by the Tribe. + (b) Definitions.--In this section: + (1) Federal land.-- + (A) In general.--The term ``Federal land'' means + the approximately 11,760 acres of Federal land located + in the Chippewa National Forest in Cass County, + Minnesota, the boundaries of which shall be depicted on + the map, and described in the legal description, + submitted under subsection (d)(1)(B). + (B) Inclusions.--The term ``Federal land'' + includes-- + (i) any improvement located on the Federal + land described in subparagraph (A); and + (ii) any appurtenance to the Federal land. + (2) Secretary.--The term ``Secretary'' means the Secretary + of Agriculture. + (3) Tribe.--The term ``Tribe'' means the Leech Lake Band of + Ojibwe. + (c) Transfer to Reservation.-- + (1) In general.--Subject to valid existing rights and + paragraph (2), the Secretary shall transfer to the + administrative jurisdiction of the Secretary of the Interior + all right, title, and interest of the United States in and to + the Federal land. + (2) Treatment.--Effective immediately on the transfer under + paragraph (1), the Federal land shall be-- + (A) held in trust by the United States for the + benefit of the Tribe; and + (B) considered to be a part of the reservation of + the Tribe. + (d) Survey, Map, and Legal Description.-- + (1) In general.--The Secretary shall-- + (A) not later than 180 days after the date of + enactment of this Act, complete a plan of survey to + establish the boundaries of the Federal land; and + (B) as soon as practicable after the date of + enactment of this Act, submit a map and legal + description of the Federal land to-- + (i) the Committee on Natural Resources of + the House of Representatives; and + (ii) the Committee on Indian Affairs of the + Senate. + (2) Force and effect.--The map and legal description + submitted under paragraph (1)(B) shall have the same force and + effect as if included in this Act, except that the Secretary + may correct any clerical or typographical error in the map or + legal description. + (3) Public availability.--The map and legal description + submitted under paragraph (1)(B) shall be on file and available + for public inspection in the office of the Secretary. + (e) Administration.-- + (1) In general.--Except as otherwise expressly provided in + this section, nothing in this section affects any right or + claim of the Tribe, as in existence on the date of enactment of + this Act, to any land or interest in land. + (2) Prohibitions.-- + (A) Exports of unprocessed logs.--Federal law + (including regulations) relating to the export of + unprocessed logs harvested from Federal land shall + apply to any unprocessed logs that are harvested from + the Federal land. + (B) Non-permissible use of land.--The Federal land + shall not be eligible or used for any gaming activity + carried out under the Indian Gaming Regulatory Act (25 + U.S.C. 2701 et seq.). + (3) Forest management.--Any commercial forestry activity + carried out on the Federal land shall be managed in accordance + with applicable Federal law. + \ No newline at end of file From d96922e61668c1899f16737a6f084e195b67db5d Mon Sep 17 00:00:00 2001 From: "Sen. Smith, Tina [D-MN]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 686/984] Senate-199: Engrossed in Senate --- bills_text/Senate-199.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-199.txt b/bills_text/Senate-199.txt index d8cfe79..5fcf27b 100644 --- a/bills_text/Senate-199.txt +++ b/bills_text/Senate-199.txt @@ -2,24 +2,9 @@ 1st Session S. 199 - To provide for the transfer of certain Federal land in the State of - Minnesota for the benefit of the Leech Lake Band of Ojibwe. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - January 24, 2019 - - Ms. Smith (for herself and Ms. Klobuchar) introduced the following - bill; which was read twice and referred to the Committee on Indian - Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -152,4 +137,21 @@ SEC. 2. LEECH LAKE BAND OF OJIBWE RESERVATION RESTORATION. (3) Forest management.--Any commercial forestry activity carried out on the Federal land shall be managed in accordance with applicable Federal law. - \ No newline at end of file + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 199 + +_______________________________________________________________________ + + AN ACT + + To provide for the transfer of certain Federal land in the State of + Minnesota for the benefit of the Leech Lake Band of Ojibwe. From bcf494f09ce4954106ab0d0156ac555932448bc8 Mon Sep 17 00:00:00 2001 From: "Sen. Smith, Tina [D-MN]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 687/984] Senate-199: Enrolled --- bills_text/Senate-199.txt | 256 +++++++++++++++++--------------------- 1 file changed, 117 insertions(+), 139 deletions(-) diff --git a/bills_text/Senate-199.txt b/bills_text/Senate-199.txt index 5fcf27b..d3277cc 100644 --- a/bills_text/Senate-199.txt +++ b/bills_text/Senate-199.txt @@ -1,157 +1,135 @@ -116th CONGRESS - 1st Session - S. 199 + S.199 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To provide for the transfer of certain Federal land in the State of - Minnesota for the benefit of the Leech Lake Band of Ojibwe. + Minnesota for the benefit of the Leech Lake Band of Ojibwe. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Leech Lake Band of Ojibwe Reservation Restoration Act''. - SEC. 2. LEECH LAKE BAND OF OJIBWE RESERVATION RESTORATION. - (a) Findings.--Congress finds that-- - (1) the Federal land described in subsection (b)(1) was - taken from members of the Leech Lake Band of Ojibwe during a - period-- - (A) beginning in 1948; - (B) during which the Bureau of Indian Affairs - incorrectly interpreted an order of the Secretary of - the Interior to mean that the Department of the - Interior had the authority to sell tribal allotments - without the consent of a majority of the rightful - landowners; and - (C) ending in 1959, when the Secretary of the - Interior was-- - (i) advised that sales described in - subparagraph (B) were illegal; and - (ii) ordered to cease conducting those - sales; - (2) as a result of the Federal land described in subsection - (b)(1) being taken from members of the Leech Lake Band of - Ojibwe, the Leech Lake Band of Ojibwe hold the smallest - percentage of its original reservation lands of any Ojibwe - bands in Minnesota; - (3)(A) the applicable statute of limitations prohibits - individuals from pursuing through litigation the return of the - land taken as described in paragraph (1); but - (B) a Federal judge ruled that the land could be restored - to the affected individuals through the legislative process; - (4) a comprehensive review of the Federal land demonstrated - that-- - (A) a portion of the Federal land is encumbered - by-- - (i) utility easements; - (ii) rights-of-way for roads; and - (iii) flowage and reservoir rights; and - (B) there are no known cabins, campgrounds, lodges, - or resorts located on any portion of the Federal land; - and - (5) on reacquisition by the Tribe of the Federal land, the - Tribe-- - (A) has pledged to respect the easements, rights- - of-way, and other rights described in paragraph (4)(A); - and - (B)(i) does not intend immediately to modify the - use of the Federal land; but - (ii) will keep the Federal land in tax-exempt fee - status as part of the Chippewa National Forest until - the Tribe develops a plan that allows for a gradual - subdivision of some tracts for economic and residential - development by the Tribe. + (1) the Federal land described in subsection (b)(1) was taken + from members of the Leech Lake Band of Ojibwe during a period-- + (A) beginning in 1948; + (B) during which the Bureau of Indian Affairs incorrectly + interpreted an order of the Secretary of the Interior to mean + that the Department of the Interior had the authority to sell + tribal allotments without the consent of a majority of the + rightful landowners; and + (C) ending in 1959, when the Secretary of the Interior + was-- + (i) advised that sales described in subparagraph (B) + were illegal; and + (ii) ordered to cease conducting those sales; + (2) as a result of the Federal land described in subsection + (b)(1) being taken from members of the Leech Lake Band of Ojibwe, + the Leech Lake Band of Ojibwe hold the smallest percentage of its + original reservation lands of any Ojibwe bands in Minnesota; + (3)(A) the applicable statute of limitations prohibits + individuals from pursuing through litigation the return of the land + taken as described in paragraph (1); but + (B) a Federal judge ruled that the land could be restored to + the affected individuals through the legislative process; + (4) a comprehensive review of the Federal land demonstrated + that-- + (A) a portion of the Federal land is encumbered by-- + (i) utility easements; + (ii) rights-of-way for roads; and + (iii) flowage and reservoir rights; and + (B) there are no known cabins, campgrounds, lodges, or + resorts located on any portion of the Federal land; and + (5) on reacquisition by the Tribe of the Federal land, the + Tribe-- + (A) has pledged to respect the easements, rights-of-way, + and other rights described in paragraph (4)(A); and + (B)(i) does not intend immediately to modify the use of the + Federal land; but + (ii) will keep the Federal land in tax-exempt fee status as + part of the Chippewa National Forest until the Tribe develops a + plan that allows for a gradual subdivision of some tracts for + economic and residential development by the Tribe. (b) Definitions.--In this section: - (1) Federal land.-- - (A) In general.--The term ``Federal land'' means - the approximately 11,760 acres of Federal land located - in the Chippewa National Forest in Cass County, - Minnesota, the boundaries of which shall be depicted on - the map, and described in the legal description, - submitted under subsection (d)(1)(B). - (B) Inclusions.--The term ``Federal land'' - includes-- - (i) any improvement located on the Federal - land described in subparagraph (A); and - (ii) any appurtenance to the Federal land. - (2) Secretary.--The term ``Secretary'' means the Secretary - of Agriculture. - (3) Tribe.--The term ``Tribe'' means the Leech Lake Band of - Ojibwe. + (1) Federal land.-- + (A) In general.--The term ``Federal land'' means the + approximately 11,760 acres of Federal land located in the + Chippewa National Forest in Cass County, Minnesota, the + boundaries of which shall be depicted on the map, and described + in the legal description, submitted under subsection (d)(1)(B). + (B) Inclusions.--The term ``Federal land'' includes-- + (i) any improvement located on the Federal land + described in subparagraph (A); and + (ii) any appurtenance to the Federal land. + (2) Secretary.--The term ``Secretary'' means the Secretary of + Agriculture. + (3) Tribe.--The term ``Tribe'' means the Leech Lake Band of + Ojibwe. (c) Transfer to Reservation.-- - (1) In general.--Subject to valid existing rights and - paragraph (2), the Secretary shall transfer to the - administrative jurisdiction of the Secretary of the Interior - all right, title, and interest of the United States in and to - the Federal land. - (2) Treatment.--Effective immediately on the transfer under - paragraph (1), the Federal land shall be-- - (A) held in trust by the United States for the - benefit of the Tribe; and - (B) considered to be a part of the reservation of - the Tribe. + (1) In general.--Subject to valid existing rights and paragraph + (2), the Secretary shall transfer to the administrative + jurisdiction of the Secretary of the Interior all right, title, and + interest of the United States in and to the Federal land. + (2) Treatment.--Effective immediately on the transfer under + paragraph (1), the Federal land shall be-- + (A) held in trust by the United States for the benefit of + the Tribe; and + (B) considered to be a part of the reservation of the + Tribe. (d) Survey, Map, and Legal Description.-- - (1) In general.--The Secretary shall-- - (A) not later than 180 days after the date of - enactment of this Act, complete a plan of survey to - establish the boundaries of the Federal land; and - (B) as soon as practicable after the date of - enactment of this Act, submit a map and legal - description of the Federal land to-- - (i) the Committee on Natural Resources of - the House of Representatives; and - (ii) the Committee on Indian Affairs of the - Senate. - (2) Force and effect.--The map and legal description - submitted under paragraph (1)(B) shall have the same force and - effect as if included in this Act, except that the Secretary - may correct any clerical or typographical error in the map or - legal description. - (3) Public availability.--The map and legal description - submitted under paragraph (1)(B) shall be on file and available - for public inspection in the office of the Secretary. + (1) In general.--The Secretary shall-- + (A) not later than 180 days after the date of enactment of + this Act, complete a plan of survey to establish the boundaries + of the Federal land; and + (B) as soon as practicable after the date of enactment of + this Act, submit a map and legal description of the Federal + land to-- + (i) the Committee on Natural Resources of the House of + Representatives; and + (ii) the Committee on Indian Affairs of the Senate. + (2) Force and effect.--The map and legal description submitted + under paragraph (1)(B) shall have the same force and effect as if + included in this Act, except that the Secretary may correct any + clerical or typographical error in the map or legal description. + (3) Public availability.--The map and legal description + submitted under paragraph (1)(B) shall be on file and available for + public inspection in the office of the Secretary. (e) Administration.-- - (1) In general.--Except as otherwise expressly provided in - this section, nothing in this section affects any right or - claim of the Tribe, as in existence on the date of enactment of - this Act, to any land or interest in land. - (2) Prohibitions.-- - (A) Exports of unprocessed logs.--Federal law - (including regulations) relating to the export of - unprocessed logs harvested from Federal land shall - apply to any unprocessed logs that are harvested from - the Federal land. - (B) Non-permissible use of land.--The Federal land - shall not be eligible or used for any gaming activity - carried out under the Indian Gaming Regulatory Act (25 - U.S.C. 2701 et seq.). - (3) Forest management.--Any commercial forestry activity - carried out on the Federal land shall be managed in accordance - with applicable Federal law. - - Passed the Senate June 27, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 199 - -_______________________________________________________________________ - - AN ACT - - To provide for the transfer of certain Federal land in the State of - Minnesota for the benefit of the Leech Lake Band of Ojibwe. + (1) In general.--Except as otherwise expressly provided in this + section, nothing in this section affects any right or claim of the + Tribe, as in existence on the date of enactment of this Act, to any + land or interest in land. + (2) Prohibitions.-- + (A) Exports of unprocessed logs.--Federal law (including + regulations) relating to the export of unprocessed logs + harvested from Federal land shall apply to any unprocessed logs + that are harvested from the Federal land. + (B) Non-permissible use of land.--The Federal land shall + not be eligible or used for any gaming activity carried out + under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et + seq.). + (3) Forest management.--Any commercial forestry activity + carried out on the Federal land shall be managed in accordance with + applicable Federal law. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From ab1c320f38008a6723828386bbd3975894da2f65 Mon Sep 17 00:00:00 2001 From: "Sen. Hoeven, John [R-ND]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 688/984] Senate-209: Introduced to Senate --- bills_text/Senate-209.txt | 1492 +++++++++++++++++++++++++++++++++++++ 1 file changed, 1492 insertions(+) create mode 100644 bills_text/Senate-209.txt diff --git a/bills_text/Senate-209.txt b/bills_text/Senate-209.txt new file mode 100644 index 0000000..213d0ce --- /dev/null +++ b/bills_text/Senate-209.txt @@ -0,0 +1,1492 @@ +116th CONGRESS + 1st Session + S. 209 + +To amend the Indian Self-Determination and Education Assistance Act to + provide further self-governance by Indian Tribes, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 24, 2019 + + Mr. Hoeven (for himself, Mr. Barrasso, Mr. Udall, and Ms. Smith) +introduced the following bill; which was read twice and referred to the + Committee on Indian Affairs + +_______________________________________________________________________ + + A BILL + + + +To amend the Indian Self-Determination and Education Assistance Act to + provide further self-governance by Indian Tribes, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Practical Reforms +and Other Goals To Reinforce the Effectiveness of Self-Governance and +Self-Determination for Indian Tribes Act of 2019'' or the ``PROGRESS +for Indian Tribes Act''. + (b) Table of Contents.--The table of contents of this Act is as +follows: + +Sec. 1. Short title; table of contents. + TITLE I--TRIBAL SELF-GOVERNANCE + +Sec. 101. Tribal self-governance. + TITLE II--INDIAN SELF-DETERMINATION + +Sec. 201. Definitions; reporting and audit requirements; application of + provisions. +Sec. 202. Contracts by Secretary of the Interior. +Sec. 203. Administrative provisions. +Sec. 204. Contract funding and indirect costs. +Sec. 205. Contract or grant specifications. + + TITLE I--TRIBAL SELF-GOVERNANCE + +SEC. 101. TRIBAL SELF-GOVERNANCE. + + (a) Effect of Provisions.--Nothing in this Act, or the amendments +made by this Act, shall be construed-- + (1) to modify, limit, expand, or otherwise affect-- + (A) the authority of the Secretary of the Interior, + as provided for under the Indian Self-Determination and + Education Assistance Act (as in effect on the day + before the date of enactment of this Act), regarding-- + (i) the inclusion of any non-BIA program + (as defined in section 401 of the Indian Self- + Determination and Education Assistance Act) in + a self-determination contract or funding + agreement under section 403(c) of such Act (as + so in effect); or + (ii) the implementation of any contract or + agreement described in clause (i) that is in + effect on the day described in subparagraph + (A); + (B) the meaning, application, or effect of any + Tribal water rights settlement, including the + performance required of a party thereto or any payment + or funding obligation thereunder; + (C) the authority, jurisdiction, or responsibility + of a State to manage, control, or regulate fish and + wildlife under State law (including regulations) on + land or water in the State, including Federal public + land; + (D) except for the authority provided to the + Secretary as described in subparagraph (A), the + applicability or effect of any Federal law related to + the protection or management of fish or wildlife; or + (E) any treaty-reserved right or other right of any + Indian Tribe as recognized by any other means, + including treaties or agreements with the United + States, Executive orders, statutes, regulations, or + case law; or + (2) to authorize any provision of a contract or agreement + that is not consistent with the terms of a Tribal water rights + settlement. + (b) Definitions.--Section 401 of the Indian Self-Determination and +Education Assistance Act (25 U.S.C. 5361) is amended to read as +follows: + +``SEC. 401. DEFINITIONS. + + ``In this title: + ``(1) Compact.--The term `compact' means a self-governance + compact entered into under section 404. + ``(2) Construction program; construction project.--The term + `construction program' or `construction project' means a Tribal + undertaking relating to the administration, planning, + environmental determination, design, construction, repair, + improvement, or expansion of roads, bridges, buildings, + structures, systems, or other facilities for purposes of + housing, law enforcement, detention, sanitation, water supply, + education, administration, community, health, irrigation, + agriculture, conservation, flood control, transportation, or + port facilities, or for other Tribal purposes. + ``(3) Department.--The term `Department' means the + Department of the Interior. + ``(4) Funding agreement.--The term `funding agreement' + means a funding agreement entered into under section 403. + ``(5) Gross mismanagement.--The term `gross mismanagement' + means a significant violation, shown by a preponderance of the + evidence, of a compact, funding agreement, or statutory or + regulatory requirement applicable to Federal funds for a + program administered by an Indian Tribe under a compact or + funding agreement. + ``(6) Inherent federal function.--The term `inherent + Federal function' means a Federal function that may not legally + be delegated to an Indian Tribe. + ``(7) Non-BIA program.--The term `non-BIA program' means + all or a portion of a program, function, service, or activity + that is administered by any bureau, service, office, or agency + of the Department of the Interior other than-- + ``(A) the Bureau of Indian Affairs; + ``(B) the Office of the Assistant Secretary for + Indian Affairs; or + ``(C) the Office of the Special Trustee for + American Indians. + ``(8) Program.--The term `program' means any program, + function, service, or activity (or portion thereof) within the + Department that is included in a funding agreement. + ``(9) Secretary.--The term `Secretary' means the Secretary + of the Interior. + ``(10) Self-determination contract.--The term `self- + determination contract' means a self-determination contract + entered into under section 102. + ``(11) Self-governance.--The term `self-governance' means + the Tribal Self-Governance Program established under section + 402. + ``(12) Tribal share.--The term `Tribal share' means the + portion of all funds and resources of an Indian Tribe that-- + ``(A) support any program within the Bureau of + Indian Affairs, the Office of the Special Trustee for + American Indians, or the Office of the Assistant + Secretary for Indian Affairs; and + ``(B) are not required by the Secretary for the + performance of an inherent Federal function. + ``(13) Tribal water rights settlement.--The term `Tribal + water rights settlement' means any settlement, compact, or + other agreement expressly ratified or approved by an Act of + Congress that-- + ``(A) includes an Indian Tribe and the United + States as parties; and + ``(B) quantifies or otherwise defines any water + right of the Indian Tribe.''. + (c) Establishment.--Section 402 of the Indian Self-Determination +and Education Assistance Act (25 U.S.C. 5362) is amended to read as +follows: + +``SEC. 402. TRIBAL SELF-GOVERNANCE PROGRAM. + + ``(a) Establishment.--The Secretary shall establish and carry out a +program within the Department to be known as the `Tribal Self- +Governance Program'. + ``(b) Selection of Participating Indian Tribes.-- + ``(1) In general.-- + ``(A) Eligibility.--The Secretary, acting through + the Director of the Office of Self-Governance, may + select not more than 50 new Indian Tribes per year from + those tribes eligible under subsection (c) to + participate in self-governance. + ``(B) Joint participation.--On the request of each + participating Indian Tribe, 2 or more otherwise + eligible Indian Tribes may be treated as a single + Indian Tribe for the purpose of participating in self- + governance. + ``(2) Other authorized indian tribe or tribal + organization.--If an Indian Tribe authorizes another Indian + Tribe or a Tribal organization to plan for or carry out a + program on its behalf under this title, the authorized Indian + Tribe or Tribal organization shall have the rights and + responsibilities of the authorizing Indian Tribe (except as + otherwise provided in the authorizing resolution). + ``(3) Joint participation as organization.--Two or more + Indian Tribes that are not otherwise eligible under subsection + (c) may be treated as a single Indian Tribe for the purpose of + participating in self-governance as a Tribal organization if-- + ``(A) each Indian Tribe so requests; and + ``(B) the Tribal organization itself, or at least + one of the Indian Tribes participating in the Tribal + organization, is eligible under subsection (c). + ``(4) Tribal withdrawal from a tribal organization.-- + ``(A) In general.--An Indian Tribe that withdraws + from participation in a Tribal organization, in whole + or in part, shall be entitled to participate in self- + governance if the Indian Tribe is eligible under + subsection (c). + ``(B) Effect of withdrawal.--If an Indian Tribe + withdraws from participation in a Tribal organization, + the Indian Tribe shall be entitled to its Tribal share + of funds and resources supporting the programs that the + Indian Tribe is entitled to carry out under the compact + and funding agreement of the Indian Tribe. + ``(C) Participation in self-governance.--The + withdrawal of an Indian Tribe from a Tribal + organization shall not affect the eligibility of the + Tribal organization to participate in self-governance + on behalf of one or more other Indian Tribes, if the + Tribal organization still qualifies under subsection + (c). + ``(D) Withdrawal process.-- + ``(i) In general.--An Indian Tribe may, by + Tribal resolution, fully or partially withdraw + its Tribal share of any program in a funding + agreement from a participating Tribal + organization. + ``(ii) Notification.--The Indian Tribe + shall provide a copy of the Tribal resolution + described in clause (i) to the Secretary. + ``(iii) Effective date.-- + ``(I) In general.--A withdrawal + under clause (i) shall become effective + on the date that is specified in the + Tribal resolution and mutually agreed + upon by the Secretary, the withdrawing + Indian Tribe, and the Tribal + organization that signed the compact + and funding agreement on behalf of the + withdrawing Indian Tribe or Tribal + organization. + ``(II) No specified date.--In the + absence of a date specified in the + resolution, the withdrawal shall become + effective on-- + ``(aa) the earlier of-- + + ``(AA) 1 year after + the date of submission + of the request; and + + ``(BB) the date on + which the funding + agreement expires; or + + ``(bb) such date as may be + mutually agreed upon by the + Secretary, the withdrawing + Indian Tribe, and the Tribal + organization that signed the + compact and funding agreement + on behalf of the withdrawing + Indian Tribe or Tribal + organization. + ``(E) Distribution of funds.--If an Indian Tribe or + Tribal organization eligible to enter into a self- + determination contract or a compact or funding + agreement fully or partially withdraws from a + participating Tribal organization, the withdrawing + Indian Tribe-- + ``(i) may elect to enter into a self- + determination contract or compact, in which + case-- + ``(I) the withdrawing Indian Tribe + or Tribal organization shall be + entitled to its Tribal share of + unexpended funds and resources + supporting the programs that the Indian + Tribe will be carrying out under its + own self-determination contract or + compact and funding agreement + (calculated on the same basis as the + funds were initially allocated to the + funding agreement of the Tribal + organization); and + ``(II) the funds referred to in + subclause (I) shall be withdrawn by the + Secretary from the funding agreement of + the Tribal organization and transferred + to the withdrawing Indian Tribe, on the + condition that sections 102 and 105(i), + as appropriate, shall apply to the + withdrawing Indian Tribe; or + ``(ii) may elect not to enter into a self- + determination contract or compact, in which + case all unexpended funds and resources + associated with the withdrawing Indian Tribe's + returned programs (calculated on the same basis + as the funds were initially allocated to the + funding agreement of the Tribal organization) + shall be returned by the Tribal organization to + the Secretary for operation of the programs + included in the withdrawal. + ``(F) Return to mature contract status.--If an + Indian Tribe elects to operate all or some programs + carried out under a compact or funding agreement under + this title through a self-determination contract under + title I, at the option of the Indian Tribe, the + resulting self-determination contract shall be a mature + self-determination contract as long as the Indian Tribe + meets the requirements set forth in section 4(h). + ``(c) Eligibility.--To be eligible to participate in self- +governance, an Indian Tribe shall-- + ``(1) successfully complete the planning phase described in + subsection (d); + ``(2) request participation in self-governance by + resolution or other official action by the Tribal governing + body; and + ``(3) demonstrate, for the 3 fiscal years preceding the + date on which the Indian Tribe requests participation, + financial stability and financial management capability as + evidenced by the Indian Tribe having no uncorrected significant + and material audit exceptions in the required annual audit of + its self-determination or self-governance agreements with any + Federal agency. + ``(d) Planning Phase.-- + ``(1) In general.--An Indian Tribe seeking to begin + participation in self-governance shall complete a planning + phase as provided in this subsection. + ``(2) Activities.--The planning phase shall-- + ``(A) be conducted to the satisfaction of the + Indian Tribe; and + ``(B) include-- + ``(i) legal and budgetary research; and + ``(ii) internal Tribal government planning, + training, and organizational preparation. + ``(e) Grants.-- + ``(1) In general.--Subject to the availability of + appropriations, an Indian Tribe or Tribal organization that + meets the requirements of paragraphs (2) and (3) of subsection + (c) shall be eligible for grants-- + ``(A) to plan for participation in self-governance; + and + ``(B) to negotiate the terms of participation by + the Indian Tribe or Tribal organization in self- + governance, as set forth in a compact and a funding + agreement. + ``(2) Receipt of grant not required.--Receipt of a grant + under paragraph (1) shall not be a requirement of participation + in self-governance.''. + (d) Funding Agreements.--Section 403 of the Indian Self- +Determination and Education Assistance Act (25 U.S.C. 5363) is +amended-- + (1) by striking subsection (a) and inserting the following: + ``(a) Authorization.--The Secretary shall, on the request of any +Indian Tribe or Tribal organization, negotiate and enter into a written +funding agreement with the governing body of the Indian Tribe or the +Tribal organization in a manner consistent with-- + ``(1) the trust responsibility of the Federal Government, + treaty obligations, and the government-to-government + relationship between Indian Tribes and the United States; and + ``(2) subsection (b).''; + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A), by striking ``without regard to the agency + or office of the Bureau of Indian Affairs'' and + inserting ``the Office of the Assistant + Secretary for Indian Affairs, and the Office of + the Special Trustee for American Indians, + without regard to the agency or office of that + Bureau or those Offices''; + (ii) by redesignating subparagraphs (A) and + (B) as clauses (i) and (ii), respectively, and + indenting the margins of such clauses + accordingly; + (iii) by striking ``including any program'' + and inserting the following: ``including-- + ``(A) any program''; + (iv) in subparagraph (A)-- + (I) in clause (i), as redesignated + by clause (ii), by striking the + semicolon at the end and inserting ``; + and''; and + (II) in clause (ii), as so + redesignated, by striking ``and'' after + the semicolon; + (v) by redesignating subparagraph (C) as + subparagraph (B); + (vi) in subparagraph (B), as redesignated + by clause (v), by striking the semicolon and + inserting ``; and''; and + (vii) by adding at the end the following: + ``(C) any other program, service, function, or + activity (or portion thereof) that is provided through + the Bureau of Indian Affairs, the Office of the + Assistant Secretary for Indian Affairs, or the Office + of the Special Trustee for American Indians with + respect to which Indian Tribes or Indians are primary + or significant beneficiaries;''; + (B) in paragraph (2)-- + (i) by striking ``section 405(c)'' and + inserting ``section 412(c)''; and + (ii) by inserting ``and'' after the + semicolon at the end; + (C) in paragraph (3), by striking the semicolon at + the end and inserting a period; and + (D) by striking paragraphs (4) through (9); + (3) in subsection (f)-- + (A) in the subsection heading, by striking ``for + Review''; + (B) by striking ``such agreement to--'' and all + that follows through ``Indian tribe'' and inserting + ``such agreement to each Indian Tribe''; + (C) by striking ``agreement;'' and inserting + ``agreement.''; and + (D) by striking paragraphs (2) and (3); + (4) in subsection (k), by striking ``section 405(c)(1)'' + and inserting ``section 412(c)''; and + (5) by adding at the end the following: + ``(m) Other Provisions.-- + ``(1) Excluded funding.--A funding agreement shall not + authorize an Indian Tribe to plan, conduct, administer, or + receive Tribal share funding under any program that-- + ``(A) is provided under the Tribally Controlled + Colleges and Universities Assistance Act of 1978 (25 + U.S.C. 1801 et seq.); or + ``(B) is provided for elementary and secondary + schools under the formula developed under section 1127 + of the Education Amendments of 1978 (25 U.S.C. 2007). + ``(2) Services, functions, and responsibilities.--A funding + agreement shall specify-- + ``(A) the services to be provided under the funding + agreement; + ``(B) the functions to be performed under the + funding agreement; and + ``(C) the responsibilities of the Indian Tribe and + the Secretary under the funding agreement. + ``(3) Base budget.-- + ``(A) In general.--A funding agreement shall, at + the option of the Indian Tribe, provide for a stable + base budget specifying the recurring funds (which may + include funds available under section 106(a)) to be + transferred to the Indian Tribe, for such period as the + Indian Tribe specifies in the funding agreement, + subject to annual adjustment only to reflect changes in + congressional appropriations. + ``(B) Limitations.--Notwithstanding subparagraph + (A), a funding agreement shall not specify funding + associated with a program described in subsection + (b)(2) or (c) unless the Secretary agrees. + ``(4) No waiver of trust responsibility.--A funding + agreement shall prohibit the Secretary from waiving, modifying, + or diminishing in any way the trust responsibility of the + United States with respect to Indian Tribes and individual + Indians that exists under treaties, Executive orders, court + decisions, and other laws. + ``(n) Amendment.--The Secretary shall not revise, amend, or require +additional terms in a new or subsequent funding agreement without the +consent of the Indian Tribe, unless such terms are required by Federal +law. + ``(o) Effective Date.--A funding agreement shall become effective +on the date specified in the funding agreement. + ``(p) Existing and Subsequent Funding Agreements.-- + ``(1) Subsequent funding agreements.--Absent notification + from an Indian Tribe that the Indian Tribe is withdrawing or + retroceding the operation of one or more programs identified in + a funding agreement, or unless otherwise agreed to by the + parties to the funding agreement or by the nature of any + noncontinuing program, service, function, or activity contained + in a funding agreement-- + ``(A) a funding agreement shall remain in full + force and effect until a subsequent funding agreement + is executed, with funding paid annually for each fiscal + year the agreement is in effect; and + ``(B) the term of the subsequent funding agreement + shall be retroactive to the end of the term of the + preceding funding agreement for the purposes of + calculating the amount of funding to which the Indian + Tribe is entitled. + ``(2) Disputes.--Disputes over the implementation of + paragraph (1)(A) shall be subject to section 406(c). + ``(3) Existing funding agreements.--An Indian Tribe that + was participating in self-governance under this title on the + date of enactment of the PROGRESS for Indian Tribes Act shall + have the option at any time after that date-- + ``(A) to retain its existing funding agreement (in + whole or in part) to the extent that the provisions of + that funding agreement are not directly contrary to any + express provision of this title; or + ``(B) to negotiate a new funding agreement in a + manner consistent with this title. + ``(4) Multiyear funding agreements.--An Indian Tribe may, + at the discretion of the Indian Tribe, negotiate with the + Secretary for a funding agreement with a term that exceeds 1 + year.''. + (e) General Revisions.--Title IV of the Indian Self-Determination +and Education Assistance Act (25 U.S.C. 5361 et seq.) is amended by +striking sections 404 through 408 and inserting the following: + +``SEC. 404. COMPACTS. + + ``(a) In General.--The Secretary shall negotiate and enter into a +written compact with each Indian Tribe participating in self-governance +in a manner consistent with the trust responsibility of the Federal +Government, treaty obligations, and the government-to-government +relationship between Indian Tribes and the United States. + ``(b) Contents.--A compact under subsection (a) shall-- + ``(1) specify and affirm the general terms of the + government-to-government relationship between the Indian Tribe + and the Secretary; and + ``(2) include such terms as the parties intend shall + control during the term of the compact. + ``(c) Amendment.--A compact under subsection (a) may be amended +only by agreement of the parties. + ``(d) Effective Date.--The effective date of a compact under +subsection (a) shall be-- + ``(1) the date of the execution of the compact by the + parties; or + ``(2) such date as is mutually agreed upon by the parties. + ``(e) Duration.--A compact under subsection (a) shall remain in +effect-- + ``(1) for so long as permitted by Federal law; or + ``(2) until termination by written agreement, retrocession, + or reassumption. + ``(f) Existing Compacts.--An Indian Tribe participating in self- +governance under this title, as in effect on the date of enactment of +the PROGRESS for Indian Tribes Act, shall have the option at any time +after that date-- + ``(1) to retain its negotiated compact (in whole or in + part) to the extent that the provisions of the compact are not + directly contrary to any express provision of this title; or + ``(2) to negotiate a new compact in a manner consistent + with this title. + +``SEC. 405. GENERAL PROVISIONS. + + ``(a) Applicability.--An Indian Tribe and the Secretary shall +include in any compact or funding agreement provisions that reflect the +requirements of this title. + ``(b) Conflicts of Interest.--An Indian Tribe participating in +self-governance shall ensure that internal measures are in place to +address, pursuant to Tribal law and procedures, conflicts of interest +in the administration of programs. + ``(c) Audits.-- + ``(1) Single agency audit act.--Chapter 75 of title 31, + United States Code, shall apply to a funding agreement under + this title. + ``(2) Cost principles.--An Indian Tribe shall apply cost + principles under the applicable Office of Management and Budget + circular, except as modified by-- + ``(A) any provision of law, including section 106; + or + ``(B) any exemptions to applicable Office of + Management and Budget circulars subsequently granted by + the Office of Management and Budget. + ``(3) Federal claims.--Any claim by the Federal Government + against an Indian Tribe relating to funds received under a + funding agreement based on any audit under this subsection + shall be subject to section 106(f). + ``(d) Redesign and Consolidation.--Except as provided in section +407, an Indian Tribe may redesign or consolidate programs, or +reallocate funds for programs, in a compact or funding agreement in any +manner that the Indian Tribe determines to be in the best interest of +the Indian community being served-- + ``(1) so long as the redesign or consolidation does not + have the effect of denying eligibility for services to + population groups otherwise eligible to be served under + applicable Federal law; and + ``(2) except that, with respect to the reallocation, + consolidation, and redesign of programs described in subsection + (b)(2) or (c) of section 403, a joint agreement between the + Secretary and the Indian Tribe shall be required. + ``(e) Retrocession.-- + ``(1) In general.--An Indian Tribe may fully or partially + retrocede to the Secretary any program under a compact or + funding agreement. + ``(2) Effective date.-- + ``(A) Agreement.--Unless an Indian Tribe rescinds a + request for retrocession under paragraph (1), the + retrocession shall become effective on the date + specified by the parties in the compact or funding + agreement. + ``(B) No agreement.--In the absence of a + specification of an effective date in the compact or + funding agreement, the retrocession shall become + effective on-- + ``(i) the earlier of-- + ``(I) 1 year after the date on + which the request is submitted; and + ``(II) the date on which the + funding agreement expires; or + ``(ii) such date as may be mutually agreed + upon by the Secretary and the Indian Tribe. + ``(f) Nonduplication.--A funding agreement shall provide that, for +the period for which, and to the extent to which, funding is provided +to an Indian Tribe under this title, the Indian Tribe-- + ``(1) shall not be entitled to contract with the Secretary + for funds under section 102, except that the Indian Tribe shall + be eligible for new programs on the same basis as other Indian + Tribes; and + ``(2) shall be responsible for the administration of + programs in accordance with the compact or funding agreement. + ``(g) Records.-- + ``(1) In general.--Unless an Indian Tribe specifies + otherwise in the compact or funding agreement, records of an + Indian Tribe shall not be considered to be Federal records for + purposes of chapter 5 of title 5, United States Code. + ``(2) Recordkeeping system.--An Indian Tribe shall-- + ``(A) maintain a recordkeeping system; and + ``(B) on a notice period of not less than 30 days, + provide the Secretary with reasonable access to the + records to enable the Department to meet the + requirements of sections 3101 through 3106 of title 44, + United States Code. + +``SEC. 406. PROVISIONS RELATING TO THE SECRETARY. + + ``(a) Trust Evaluations.--A funding agreement shall include a +provision to monitor the performance of trust functions by the Indian +Tribe through the annual trust evaluation. + ``(b) Reassumption.-- + ``(1) In general.--A compact or funding agreement shall + include provisions for the Secretary to reassume a program and + associated funding if there is a specific finding relating to + that program of-- + ``(A) imminent jeopardy to a trust asset, a natural + resource, or public health and safety that-- + ``(i) is caused by an act or omission of + the Indian Tribe; and + ``(ii) arises out of a failure to carry out + the compact or funding agreement; or + ``(B) gross mismanagement with respect to funds + transferred to an Indian Tribe under a compact or + funding agreement, as determined by the Secretary in + consultation with the Inspector General, as + appropriate. + ``(2) Prohibition.--The Secretary shall not reassume + operation of a program, in whole or part, unless-- + ``(A) the Secretary first provides written notice + and a hearing on the record to the Indian Tribe; and + ``(B) the Indian Tribe does not take corrective + action to remedy the mismanagement of the funds or + programs, or the imminent jeopardy to a trust asset, + natural resource, or public health and safety. + ``(3) Exception.-- + ``(A) In general.--Notwithstanding paragraph (2), + the Secretary may, on written notice to the Indian + Tribe, immediately reassume operation of a program if-- + ``(i) the Secretary makes a finding of + imminent and substantial jeopardy and + irreparable harm to a trust asset, a natural + resource, or the public health and safety + caused by an act or omission of the Indian + Tribe; and + ``(ii) the imminent and substantial + jeopardy and irreparable harm to the trust + asset, natural resource, or public health and + safety arises out of a failure by the Indian + Tribe to carry out the terms of an applicable + compact or funding agreement. + ``(B) Reassumption.--If the Secretary reassumes + operation of a program under subparagraph (A), the + Secretary shall provide the Indian Tribe with a hearing + on the record not later than 10 days after the date of + reassumption. + ``(c) Inability To Agree on Compact or Funding Agreement.-- + ``(1) Final offer.--If the Secretary and a participating + Indian Tribe are unable to agree, in whole or in part, on the + terms of a compact or funding agreement (including funding + levels), the Indian Tribe may submit a final offer to the + Secretary. + ``(2) Determination.--Not more than 60 days after the date + of receipt of a final offer by one or more of the officials + designated pursuant to paragraph (4), the Secretary shall + review and make a determination with respect to the final + offer, except that the 60-day period may be extended for up to + 30 days for circumstances beyond the control of the Secretary, + upon written request by the Secretary to the Indian tribe. + ``(3) Extensions.--The deadline described in paragraph (2) + may be extended for any length of time, as agreed upon by both + the Indian Tribe and the Secretary. + ``(4) Designated officials.-- + ``(A) In general.--The Secretary shall designate + one or more appropriate officials in the Department to + receive a copy of the final offer described in + paragraph (1). + ``(B) No designation.--If no official is + designated, the Director of the Office of the Executive + Secretariat and Regulatory Affairs shall be the + designated official. + ``(5) No timely determination.--If the Secretary fails to + make a determination with respect to a final offer within the + period specified in paragraph (2), including any extension + agreed to under paragraph (3), the Secretary shall be deemed to + have agreed to the offer, except that with respect to any + compact or funding agreement provision concerning a program + described under section 403(c), the Secretary shall be deemed + to have rejected the offer with respect to such provision and + the terms of clauses (ii) through (iv) of paragraphs (6)(A) + shall apply. + ``(6) Rejection of final offer.-- + ``(A) In general.--If the Secretary rejects a final + offer (or one or more provisions or funding levels in a + final offer), the Secretary shall-- + ``(i) provide timely written notification + to the Indian Tribe that contains a specific + finding that clearly demonstrates, or that is + supported by a controlling legal authority, + that-- + ``(I) the amount of funds proposed + in the final offer exceeds the + applicable funding level as determined + under section 106(a)(1); + ``(II) the program that is the + subject of the final offer is an + inherent Federal function or is subject + to the discretion of the Secretary + under section 403(c); + ``(III) the Indian Tribe cannot + carry out the program in a manner that + would not result in significant danger + or risk to the public health or safety, + to natural resources, or to trust + resources; + ``(IV) the Indian Tribe is not + eligible to participate in self- + governance under section 402(c); + ``(V) the funding agreement would + violate a Federal statute or + regulation; or + ``(VI) with respect to a program or + portion of a program included in a + final offer pursuant to section + 403(b)(2), the program or the portion + of the program is not otherwise + available to Indian Tribes or Indians + under section 102(a)(1)(E); + ``(ii) provide technical assistance to + overcome the objections stated in the + notification required by clause (i); + ``(iii) provide the Indian Tribe with a + hearing on the record with the right to engage + in full discovery relevant to any issue raised + in the matter, and the opportunity for appeal + on the objections raised, except that the + Indian Tribe may, in lieu of filing such + appeal, directly proceed to initiate an action + in a United States district court under section + 110(a); and + ``(iv) provide the Indian Tribe the option + of entering into the severable portions of a + final proposed compact or funding agreement + (including a lesser funding amount, if any), + that the Secretary did not reject, subject to + any additional alterations necessary to conform + the compact or funding agreement to the severed + provisions. + ``(B) Effect of exercising certain option.--If an + Indian Tribe exercises the option specified in + subparagraph (A)(iv)-- + ``(i) the Indian Tribe shall retain the + right to appeal the rejection by the Secretary + under this section; and + ``(ii) clauses (i), (ii), and (iii) of + subparagraph (A) shall apply only to the + portion of the proposed final compact or + funding agreement that was rejected by the + Secretary. + ``(d) Burden of Proof.--In any administrative action, hearing, +appeal, or civil action brought under this section, the Secretary shall +have the burden of proof-- + ``(1) of demonstrating, by a preponderance of the evidence, + the validity of the grounds for a reassumption under subsection + (b); and + ``(2) of clearly demonstrating the validity of the grounds + for rejecting a final offer made under subsection (c). + ``(e) Good Faith.-- + ``(1) In general.--In the negotiation of compacts and + funding agreements, the Secretary shall at all times negotiate + in good faith to maximize implementation of the self-governance + policy. + ``(2) Policy.--The Secretary shall carry out this title in + a manner that maximizes the policy of Tribal self-governance. + ``(f) Savings.-- + ``(1) In general.--To the extent that programs carried out + for the benefit of Indian Tribes and Tribal organizations under + this title reduce the administrative or other responsibilities + of the Secretary with respect to the operation of Indian + programs and result in savings that have not otherwise been + included in the amount of Tribal shares and other funds + determined under section 408(c), except for funding agreements + entered into for programs under section 403(c), the Secretary + shall make such savings available to the Indian Tribes or + Tribal organizations for the provision of additional services + to program beneficiaries in a manner equitable to directly + served, contracted, and compacted programs. + ``(2) Discretionary programs of special significance.--For + any savings generated as a result of the assumption of a + program by an Indian Tribe under section 403(c), such savings + shall be made available to that Indian Tribe. + ``(g) Trust Responsibility.--The Secretary may not waive, modify, +or diminish in any way the trust responsibility of the United States +with respect to Indian Tribes and individual Indians that exists under +treaties, Executive orders, other laws, or court decisions. + ``(h) Decision Maker.--A decision that constitutes final agency +action and relates to an appeal within the Department conducted under +subsection (c)(6)(A)(iii) may be made by-- + ``(1) an official of the Department who holds a position at + a higher organizational level within the Department than the + level of the departmental agency in which the decision that is + the subject of the appeal was made; or + ``(2) an administrative law judge. + ``(i) Rules of Construction.--Subject to section 101(a) of the +PROGRESS for Indian Tribes Act, each provision of this title and each +provision of a compact or funding agreement shall be liberally +construed for the benefit of the Indian Tribe participating in self- +governance, and any ambiguity shall be resolved in favor of the Indian +Tribe. + +``SEC. 407. CONSTRUCTION PROGRAMS AND PROJECTS. + + ``(a) In General.--Indian Tribes participating in Tribal self- +governance may carry out any construction project included in a compact +or funding agreement under this title. + ``(b) Tribal Option To Carry Out Certain Federal Environmental +Activities.--In carrying out a construction project under this title, +an Indian Tribe may, subject to the agreement of the Secretary, elect +to assume some Federal responsibilities under the National +Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A +of subtitle III of title 54, United States Code, and related provisions +of other law and regulations that would apply if the Secretary were to +undertake a construction project, by adopting a resolution-- + ``(1) designating a certifying Tribal officer to represent + the Indian Tribe and to assume the status of a responsible + Federal official under those Acts, laws, or regulations; and + ``(2) accepting the jurisdiction of the United States + courts for the purpose of enforcing the responsibilities of the + certifying Tribal officer assuming the status of a responsible + Federal official under those Acts, laws, or regulations. + ``(c) Savings Clause.--Notwithstanding subsection (b), nothing in +this section authorizes the Secretary to include in any compact or +funding agreement duties of the Secretary under the National +Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A +of subtitle III of title 54, United States Code, and other related +provisions of law that are inherent Federal functions. + ``(d) Codes and Standards.--In carrying out a construction project +under this title, an Indian Tribe shall-- + ``(1) adhere to applicable Federal, State, local, and + Tribal building codes, architectural and engineering standards, + and applicable Federal guidelines regarding design, space, and + operational standards, appropriate for the particular project; + and + ``(2) use only architects and engineers who-- + ``(A) are licensed to practice in the State in + which the facility will be built; and + ``(B) certify that-- + ``(i) they are qualified to perform the + work required by the specific construction + involved; and + ``(ii) upon completion of design, the plans + and specifications meet or exceed the + applicable construction and safety codes. + ``(e) Tribal Accountability.-- + ``(1) In general.--In carrying out a construction project + under this title, an Indian Tribe shall assume responsibility + for the successful completion of the construction project and + of a facility that is usable for the purpose for which the + Indian Tribe received funding. + ``(2) Requirements.--For each construction project carried + out by an Indian Tribe under this title, the Indian Tribe and + the Secretary shall negotiate a provision to be included in the + funding agreement that identifies-- + ``(A) the approximate start and completion dates + for the project, which may extend over a period of one + or more years; + ``(B) a general description of the project, + including the scope of work, references to design + criteria, and other terms and conditions; + ``(C) the responsibilities of the Indian Tribe and + the Secretary for the project; + ``(D) how project-related environmental + considerations will be addressed; + ``(E) the amount of funds provided for the project; + ``(F) the obligations of the Indian Tribe to comply + with the codes referenced in subsection (d)(1) and + applicable Federal laws and regulations; + ``(G) the agreement of the parties over who will + bear any additional costs necessary to meet changes in + scope, or errors or omissions in design and + construction; and + ``(H) the agreement of the Secretary to issue a + certificate of occupancy, if requested by the Indian + Tribe, based upon the review and verification by the + Secretary, to the satisfaction of the Secretary, that + the Indian Tribe has secured upon completion the review + and approval of the plans and specifications, + sufficiency of design, life safety, and code compliance + by qualified, licensed, and independent architects and + engineers. + ``(f) Funding.-- + ``(1) In general.--Funding appropriated for construction + projects carried out under this title shall be included in + funding agreements as annual or semiannual advance payments at + the option of the Indian Tribe. + ``(2) Advance payments.--The Secretary shall include all + associated project contingency funds with each advance payment, + and the Indian Tribe shall be responsible for the management of + such contingency funds. + ``(g) Negotiations.--At the option of the Indian Tribe, +construction project funding proposals shall be negotiated pursuant to +the statutory process in section 105, and any resulting construction +project agreement shall be incorporated into the funding agreement as +addenda. + ``(h) Federal Review and Verification.-- + ``(1) In general.--On a schedule negotiated by the + Secretary and the Indian Tribe-- + ``(A) the Secretary shall review and verify, to the + satisfaction of the Secretary, that project planning + and design documents prepared by the Indian Tribe in + advance of initial construction are in conformity with + the obligations of the Indian Tribe under subsection + (d); and + ``(B) before the project planning and design + documents are implemented, the Secretary shall review + and verify to the satisfaction of the Secretary that + subsequent document amendments which result in a + significant change in construction are in conformity + with the obligations of the Indian Tribe under + subsection (d). + ``(2) Reports.--The Indian Tribe shall provide the + Secretary with project progress and financial reports not less + than semiannually. + ``(3) Oversight visits.--The Secretary may conduct onsite + project oversight visits semiannually or on an alternate + schedule agreed to by the Secretary and the Indian Tribe. + ``(i) Application of Other Laws.--Unless otherwise agreed to by the +Indian Tribe and except as otherwise provided in this Act, no provision +of title 41, United States Code, the Federal Acquisition Regulation, or +any other law or regulation pertaining to Federal procurement +(including Executive orders) shall apply to any construction program or +project carried out under this title. + ``(j) Future Funding.--Upon completion of a facility constructed +under this title, the Secretary shall include the facility among those +eligible for annual operation and maintenance funding support +comparable to that provided for similar facilities funded by the +Department as annual appropriations are available and to the extent +that the facility size and complexity and other factors do not exceed +the funding formula criteria for comparable buildings. + +``SEC. 408. PAYMENT. + + ``(a) In General.--At the request of the governing body of an +Indian Tribe and under the terms of an applicable funding agreement, +the Secretary shall provide funding to the Indian Tribe to carry out +the funding agreement. + ``(b) Advance Annual Payment.--At the option of the Indian Tribe, a +funding agreement shall provide for an advance annual payment to an +Indian Tribe. + ``(c) Amount.-- + ``(1) In general.--Subject to subsection (e) and sections + 403 and 405, the Secretary shall provide funds to the Indian + Tribe under a funding agreement for programs in an amount that + is equal to the amount that the Indian Tribe would have been + entitled to receive under contracts and grants under this Act + (including amounts for direct program and contract support + costs and, in addition, any funds that are specifically or + functionally related to the provision by the Secretary of + services and benefits to the Indian Tribe or its members) + without regard to the organization level within the Department + at which the programs are carried out. + ``(2) Savings clause.--Nothing in this section reduces + programs, services, or funds of, or provided to, another Indian + Tribe. + ``(d) Timing.-- + ``(1) In general.--Pursuant to the terms of any compact or + funding agreement entered into under this title, the Secretary + shall transfer to the Indian Tribe all funds provided for in + the funding agreement, pursuant to subsection (c), and provide + funding for periods covered by joint resolution adopted by + Congress making continuing appropriations, to the extent + permitted by such resolution. + ``(2) Transfers.--Not later than 1 year after the date of + enactment of the PROGRESS for Indian Tribes Act, in any + instance in which a funding agreement requires an annual + transfer of funding to be made at the beginning of a fiscal + year or requires semiannual or other periodic transfers of + funding to be made commencing at the beginning of a fiscal + year, the first such transfer shall be made not later than 10 + days after the apportionment of such funds by the Office of + Management and Budget to the Department, unless the funding + agreement provides otherwise. + ``(e) Availability.--Funds for trust services to individual Indians +shall be available under a funding agreement only to the extent that +the same services that would have been provided by the Secretary are +provided to individual Indians by the Indian Tribe. + ``(f) Multiyear Funding.--A funding agreement may provide for +multiyear funding. + ``(g) Limitations on Authority of the Secretary.--The Secretary +shall not-- + ``(1) fail to transfer to an Indian Tribe its full share of + any central, headquarters, regional, area, or service unit + office or other funds due under this title for programs + eligible under paragraph (1) or (2) of section 403(b), except + as required by Federal law; + ``(2) withhold any portion of such funds for transfer over + a period of years; or + ``(3) reduce the amount of funds required under this + title-- + ``(A) to make funding available for self-governance + monitoring or administration by the Secretary; + ``(B) in subsequent years, except as necessary as a + result of-- + ``(i) a reduction in appropriations from + the previous fiscal year for the program to be + included in a compact or funding agreement; + ``(ii) a congressional directive in + legislation or an accompanying report; + ``(iii) a Tribal authorization; + ``(iv) a change in the amount of pass- + through funds subject to the terms of the + funding agreement; or + ``(v) completion of an activity under a + program for which the funds were provided; + ``(C) to pay for Federal functions, including-- + ``(i) Federal pay costs; + ``(ii) Federal employee retirement + benefits; + ``(iii) automated data processing; + ``(iv) technical assistance; and + ``(v) monitoring of activities under this + title; or + ``(D) to pay for costs of Federal personnel + displaced by self-determination contracts under this + Act or self-governance under this title. + ``(h) Federal Resources.--If an Indian Tribe elects to carry out a +compact or funding agreement with the use of Federal personnel, Federal +supplies (including supplies available from Federal warehouse +facilities), Federal supply sources (including lodging, airline +transportation, and other means of transportation, including the use of +interagency motor pool vehicles), or other Federal resources (including +supplies, services, and resources available to the Secretary under any +procurement contracts in which the Department is eligible to +participate), the Secretary shall, as soon as practicable, acquire and +transfer such personnel, supplies, or resources to the Indian Tribe +under this title. + ``(i) Prompt Payment Act.--Chapter 39 of title 31, United States +Code, shall apply to the transfer of funds due under a compact or +funding agreement authorized under this title. + ``(j) Interest or Other Income.-- + ``(1) In general.--An Indian Tribe may retain interest or + income earned on any funds paid under a compact or funding + agreement to carry out governmental purposes. + ``(2) No effect on other amounts.--The retention of + interest or income under paragraph (1) shall not diminish the + amount of funds an Indian Tribe is entitled to receive under a + funding agreement in the year the interest or income is earned + or in any subsequent fiscal year. + ``(3) Investment standard.--Funds transferred under this + title shall be managed by the Indian Tribe using the prudent + investment standard, provided that the Secretary shall not be + liable for any investment losses of funds managed by the Indian + Tribe that are not otherwise guaranteed or insured by the + Federal Government. + ``(k) Carryover of Funds.-- + ``(1) In general.--Notwithstanding any provision of an + appropriations Act, all funds paid to an Indian Tribe in + accordance with a compact or funding agreement shall remain + available until expended. + ``(2) Effect of carryover.--If an Indian Tribe elects to + carry over funding from one year to the next, the carryover + shall not diminish the amount of funds the Indian Tribe is + entitled to receive under a funding agreement in that fiscal + year or any subsequent fiscal year. + ``(l) Limitation of Costs.-- + ``(1) In general.--An Indian Tribe shall not be obligated + to continue performance that requires an expenditure of funds + in excess of the amount of funds transferred under a compact or + funding agreement. + ``(2) Notice of insufficiency.--If at any time the Indian + Tribe has reason to believe that the total amount provided for + a specific activity under a compact or funding agreement is + insufficient, the Indian Tribe shall provide reasonable notice + of such insufficiency to the Secretary. + ``(3) Suspension of performance.--If, after notice under + paragraph (2), the Secretary does not increase the amount of + funds transferred under the funding agreement, the Indian Tribe + may suspend performance of the activity until such time as + additional funds are transferred. + ``(4) Savings clause.--Nothing in this section reduces any + programs, services, or funds of, or provided to, another Indian + Tribe. + ``(m) Distribution of Funds.--The Office of Self-Governance shall +be responsible for distribution of all Bureau of Indian Affairs funds +provided under this title unless otherwise agreed by the parties to an +applicable funding agreement. + ``(n) Applicability.--Notwithstanding any other provision of this +section, section 101(a) of the PROGRESS for Indian Tribes Act applies +to subsections (a) through (m). + +``SEC. 409. FACILITATION. + + ``(a) In General.--Except as otherwise provided by law (including +section 101(a) of the PROGRESS for Indian Tribes Act), the Secretary +shall interpret each Federal law and regulation in a manner that +facilitates-- + ``(1) the inclusion of programs in funding agreements; and + ``(2) the implementation of funding agreements. + ``(b) Regulation Waiver.-- + ``(1) Request.--An Indian Tribe may submit to the Secretary + a written request for a waiver of applicability of a Federal + regulation, including-- + ``(A) an identification of the specific text in the + regulation sought to be waived; and + ``(B) the basis for the request. + ``(2) Determination by the secretary.--Not later than 120 + days after receipt by the Secretary and the designated + officials under paragraph (4) of a request under paragraph (1), + the Secretary shall approve or deny the requested waiver in + writing to the Indian Tribe. + ``(3) Extensions.--The deadline described in paragraph (2) + may be extended for any length of time, as agreed upon by both + the Indian Tribe and the Secretary. + ``(4) Designated officials.--The Secretary shall designate + one or more appropriate officials in the Department to receive + a copy of the waiver request described in paragraph (1). + ``(5) Grounds for denial.--The Secretary may deny a request + under paragraph (1) upon a specific finding by the Secretary + that the identified text in the regulation may not be waived + because such a waiver is prohibited by Federal law. + ``(6) Failure to make determination.--If the Secretary + fails to make a determination with respect to a waiver request + within the period specified in paragraph (2) (including any + extension agreed to under paragraph (3)), the Secretary shall + be deemed to have agreed to the request, except that for a + waiver request relating to programs eligible under section + 403(b)(2) or section 403(c), the Secretary shall be deemed to + have denied the request. + ``(7) Finality.--A decision of the Secretary under this + section shall be final for the Department. + +``SEC. 410. DISCRETIONARY APPLICATION OF OTHER SECTIONS. + + ``(a) In General.--Except as otherwise provided in section 201(d) +of the PROGRESS for Indian Tribes Act, at the option of a participating +Indian Tribe or Indian Tribes, any of the provisions of title I may be +incorporated in any compact or funding agreement under this title. The +inclusion of any such provision shall be subject to, and shall not +conflict with, section 101(a) of such Act. + ``(b) Effect.--Each incorporated provision under subsection (a) +shall-- + ``(1) have the same force and effect as if set out in full + in this title; + ``(2) supplement or replace any related provision in this + title; and + ``(3) apply to any agency otherwise governed by this title. + ``(c) Effective Date.--If an Indian Tribe requests incorporation at +the negotiation stage of a compact or funding agreement, the +incorporation shall-- + ``(1) be effective immediately; and + ``(2) control the negotiation and resulting compact and + funding agreement. + +``SEC. 411. ANNUAL BUDGET LIST. + + ``The Secretary shall list, in the annual budget request submitted +to Congress under section 1105 of title 31, United States Code, any +funds proposed to be included in funding agreements authorized under +this title. + +``SEC. 412. REPORTS. + + ``(a) In General.-- + ``(1) Requirement.--On January 1 of each year, the + Secretary shall submit to Congress a report regarding the + administration of this title. + ``(2) Analysis.--Any Indian Tribe may submit to the Office + of Self-Governance and to the appropriate committees of + Congress a detailed annual analysis of unmet Tribal needs for + funding agreements under this title. + ``(b) Contents.--The report under subsection (a)(1) shall-- + ``(1) be compiled from information contained in funding + agreements, annual audit reports, and data of the Secretary + regarding the disposition of Federal funds; + ``(2) identify-- + ``(A) the relative costs and benefits of self- + governance; + ``(B) with particularity, all funds that are + specifically or functionally related to the provision + by the Secretary of services and benefits to self- + governance Indian Tribes and members of Indian Tribes; + ``(C) the funds transferred to each Indian Tribe + and the corresponding reduction in the Federal + employees and workload; and + ``(D) the funding formula for individual Tribal + shares of all Central Office funds, together with the + comments of affected Indian Tribes, developed under + subsection (d); + ``(3) before being submitted to Congress, be distributed to + the Indian Tribes for comment (with a comment period of not + less than 30 days); + ``(4) include the separate views and comments of each + Indian Tribe or Tribal organization; and + ``(5) include a list of-- + ``(A) all such programs that the Secretary + determines, in consultation with Indian Tribes + participating in self-governance, are eligible for + negotiation to be included in a funding agreement at + the request of a participating Indian Tribe; and + ``(B) all such programs which Indian Tribes have + formally requested to include in a funding agreement + under section 403(c) due to the special geographic, + historical, or cultural significance of the program to + the Indian Tribe, indicating whether each request was + granted or denied, and stating the grounds for any + denial. + ``(c) Report on Non-BIA Programs.-- + ``(1) In general.--In order to optimize opportunities for + including non-BIA programs in agreements with Indian Tribes + participating in self-governance under this title, the + Secretary shall review all programs administered by the + Department, other than through the Bureau of Indian Affairs, + the Office of the Assistant Secretary for Indian Affairs, or + the Office of the Special Trustee for American Indians, without + regard to the agency or office concerned. + ``(2) Programmatic targets.--The Secretary shall establish + programmatic targets, after consultation with Indian Tribes + participating in self-governance, to encourage bureaus of the + Department to ensure that an appropriate portion of those + programs are available to be included in funding agreements. + ``(3) Publication.--The lists under subsection (b)(5) and + targets under paragraph (2) shall be published in the Federal + Register and made available to any Indian Tribe participating + in self-governance. + ``(4) Annual review.-- + ``(A) In general.--The Secretary shall annually + review and publish in the Federal Register, after + consultation with Indian Tribes participating in self- + governance, revised lists and programmatic targets. + ``(B) Contents.--In preparing the revised lists and + programmatic targets, the Secretary shall consider all + programs that were eligible for contracting in the + original list published in the Federal Register in + 1995, except for programs specifically determined not + to be contractible as a matter of law. + ``(d) Report on Central Office Funds.--Not later than January 1, +2020, the Secretary shall, in consultation with Indian Tribes, develop +a funding formula to determine the individual Tribal share of funds +controlled by the Central Office of the Bureau of Indian Affairs and +the Office of the Special Trustee for inclusion in the compacts. + +``SEC. 413. REGULATIONS. + + ``(a) In General.-- + ``(1) Promulgation.--Not later than 90 days after the date + of enactment of the PROGRESS for Indian Tribes Act, the + Secretary shall initiate procedures under subchapter III of + chapter 5 of title 5, United States Code, to negotiate and + promulgate such regulations as are necessary to carry out this + title. + ``(2) Publication of proposed regulations.--Proposed + regulations to implement this title shall be published in the + Federal Register not later than 21 months after the date of + enactment of the PROGRESS for Indian Tribes Act. + ``(3) Expiration of authority.--The authority to promulgate + regulations under paragraph (1) shall expire on the date that + is 30 months after the date of enactment of the PROGRESS for + Indian Tribes Act. + ``(b) Committee.-- + ``(1) Membership.--A negotiated rulemaking committee + established pursuant to section 565 of title 5, United States + Code, to carry out this section shall have as its members only + representatives of the Federal Government and Tribal + government. + ``(2) Lead agency.--Among the Federal representatives + described in paragraph (1), the Office of Self-Governance shall + be the lead agency for the Department. + ``(c) Adaptation of Procedures.--The Secretary shall adapt the +negotiated rulemaking procedures to the unique context of self- +governance and the government-to-government relationship between the +United States and Indian Tribes. + ``(d) Effect.-- + ``(1) Repeal.--The Secretary may repeal any regulation that + is inconsistent with this Act. + ``(2) Conflicting provisions.--Subject to section 101(a) of + the PROGRESS for Indian Tribes Act and except with respect to + programs described under section 403(c), this title shall + supersede any conflicting provision of law (including any + conflicting regulations). + ``(3) Effectiveness without regard to regulations.--The + lack of promulgated regulations on an issue shall not limit the + effect or implementation of this title. + +``SEC. 414. EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, AND + RULES. + + ``Unless expressly agreed to by a participating Indian Tribe in a +compact or funding agreement, the participating Indian Tribe shall not +be subject to any agency circular, policy, manual, guidance, or rule +adopted by the Department, except for-- + ``(1) the eligibility provisions of section 105(g); and + ``(2) regulations promulgated pursuant to section 413. + +``SEC. 415. APPEALS. + + ``Except as provided in section 406(d), in any administrative +action, appeal, or civil action for judicial review of any decision +made by the Secretary under this title, the Secretary shall have the +burden of proof of demonstrating by a preponderance of the evidence-- + ``(1) the validity of the grounds for the decision; and + ``(2) the consistency of the decision with the requirements + and policies of this title. + +``SEC. 416. APPLICATION OF OTHER PROVISIONS. + + ``Section 314 of the Department of the Interior and Related +Agencies Appropriations Act, 1991 (Public Law 101-512; 104 Stat. 1959), +shall apply to compacts and funding agreements entered into under this +title. + +``SEC. 417. AUTHORIZATION OF APPROPRIATIONS. + + ``There are authorized to be appropriated such sums as may be +necessary to carry out this title.''. + + TITLE II--INDIAN SELF-DETERMINATION + +SEC. 201. DEFINITIONS; REPORTING AND AUDIT REQUIREMENTS; APPLICATION OF + PROVISIONS. + + (a) Definitions.-- + (1) In general.--Section 4 of the Indian Self-Determination + and Education Assistance Act (25 U.S.C. 5304) is amended by + striking subsection (j) and inserting the following: + ``(j) `self-determination contract' means a contract entered into +under title I (or a grant or cooperative agreement used under section +9) between a Tribal organization and the appropriate Secretary for the +planning, conduct, and administration of programs or services that are +otherwise provided to Indian Tribes and members of Indian Tribes +pursuant to Federal law, subject to the condition that, except as +provided in section 105(a)(3), no contract entered into under title I +(or grant or cooperative agreement used under section 9) shall be-- + ``(1) considered to be a procurement contract; or + ``(2) except as provided in section 107(a)(1), subject to + any Federal procurement law (including regulations);''. + (2) Technical amendments.--Section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5304), as + amended by paragraph (1), is further amended-- + (A) in subsection (e), by striking ```Indian tribe' + means'' and inserting ```Indian tribe' or `Indian + Tribe' means''; and + (B) in subsection (l), by striking ```tribal + organization' means'' and inserting ```Tribal + organization' or `tribal organization' means''. + (b) Reporting and Audit Requirements.--Section 5 of the Indian +Self-Determination and Education Assistance Act (25 U.S.C. 5305) is +amended-- + (1) in subsection (b)-- + (A) by striking ``after completion of the project + or undertaking referred to in the preceding subsection + of this section'' and inserting ``after the retention + period for the report that is submitted to the + Secretary under subsection (a)''; and + (B) by adding at the end the following: ``The + retention period shall be defined in regulations + promulgated by the Secretary pursuant to section + 413.''; and + (2) in subsection (f)(1), by inserting ``if the Indian + Tribal organization expends $500,000 or more in Federal awards + during such fiscal year'' after ``under this Act,''. + (c) Effective Date.--The amendment made by subsection (b)(2) shall +not take effect until 14 months after the date of enactment of this +Act. + (d) Application of Other Provisions.--Sections 4, 5, 6, 7, 102(c), +104, 105(a)(1), 105(f), 110, and 111 of the Indian Self-Determination +and Education Assistance Act (25 U.S.C. 5304, 5305, 5306, 5307, +5321(c), 5323, 5324(a)(1), 5324(f), 5331, and 5332) and section 314 of +the Department of the Interior and Related Agencies Appropriations Act, +1991 (Public Law 101-512; 104 Stat. 1959), apply to compacts and +funding agreements entered into under title IV of the Indian Self- +Determination and Education Assistance Act (25 U.S.C. 5361 et seq.). + +SEC. 202. CONTRACTS BY SECRETARY OF THE INTERIOR. + + Section 102 of the Indian Self-Determination and Education +Assistance Act (25 U.S.C. 5321) is amended-- + (1) in subsection (c)(2), by striking ``economic + enterprises'' and all that follows through ``except that'' and + inserting ``economic enterprises (as defined in section 3 of + the Indian Financing Act of 1974 (25 U.S.C. 1452)), except + that''; and + (2) by adding at the end the following: + ``(f) Good Faith Requirement.--In the negotiation of contracts and +funding agreements, the Secretary shall-- + ``(1) at all times negotiate in good faith to maximize + implementation of the self-determination policy; and + ``(2) carry out this Act in a manner that maximizes the + policy of Tribal self-determination, in a manner consistent + with-- + ``(A) the purposes specified in section 3; and + ``(B) the PROGRESS for Indian Tribes Act. + ``(g) Rule of Construction.--Subject to section 101(a) of the +PROGRESS for Indian Tribes Act, each provision of this Act and each +provision of a contract or funding agreement shall be liberally +construed for the benefit of the Indian Tribe participating in self- +determination, and any ambiguity shall be resolved in favor of the +Indian Tribe.''. + +SEC. 203. ADMINISTRATIVE PROVISIONS. + + Section 105 of the Indian Self-Determination and Education +Assistance Act (25 U.S.C. 5324) is amended-- + (1) in subsection (b), in the first sentence, by striking + ``pursuant to'' and all that follows through ``of this Act'' + and inserting ``pursuant to sections 102 and 103''; and + (2) by adding at the end the following: + ``(p) Interpretation by Secretary.--Except as otherwise provided by +law, the Secretary shall interpret all Federal laws (including +regulations) and Executive orders in a manner that facilitates, to the +maximum extent practicable-- + ``(1) the inclusion in self-determination contracts and + funding agreements of-- + ``(A) applicable programs, services, functions, and + activities (or portions thereof); and + ``(B) funds associated with those programs, + services, functions, and activities; + ``(2) the implementation of self-determination contracts + and funding agreements; and + ``(3) the achievement of Tribal health objectives. + ``(q)(1) Technical Assistance for Internal Controls.--In +considering proposals for, amendments to, or in the course of, a +contract under this title and compacts under titles IV and V of this +Act, if the Secretary determines that the Indian Tribe lacks adequate +internal controls necessary to manage the contracted program or +programs, the Secretary shall, as soon as practicable, provide the +necessary technical assistance to assist the Indian Tribe in developing +adequate internal controls. As part of that technical assistance, the +Secretary and the Tribe shall develop a plan for assessing the +subsequent effectiveness of such technical assistance. The inability of +the Secretary to provide technical assistance or lack of a plan under +this subsection shall not result in the reassumption of an existing +agreement, contract, or compact, or declination or rejection of a new +agreement, contract, or compact. + ``(2) The Secretary shall prepare a report to be included in the +information required for the reports under sections 412(b)(2)(A) and +514(b)(2)(A). The Secretary shall include in this report, in the +aggregate, a description of the internal controls that were inadequate, +the technical assistance provided, and a description of Secretarial +actions taken to address any remaining inadequate internal controls +after the provision of technical assistance and implementation of the +plan required by paragraph (1).''. + +SEC. 204. CONTRACT FUNDING AND INDIRECT COSTS. + + Section 106(a)(3) of the Indian Self-Determination and Education +Assistance Act (25 U.S.C. 5325(a)(3)) is amended-- + (1) in subparagraph (A)-- + (A) in clause (i), by striking ``, and'' and + inserting ``; and''; and + (B) in clause (ii), by striking ``expense related + to the overhead incurred'' and inserting ``expense + incurred by the governing body of the Indian Tribe or + Tribal organization and any overhead expense + incurred''; + (2) by redesignating subparagraph (B) as subparagraph (C); + and + (3) by inserting after subparagraph (A) the following: + ``(B) In calculating the reimbursement rate for + expenses described in subparagraph (A)(ii), not less + than 50 percent of the expenses described in + subparagraph (A)(ii) that are incurred by the governing + body of an Indian Tribe or Tribal organization relating + to a Federal program, function, service, or activity + carried out pursuant to the contract shall be + considered to be reasonable and allowable.''. + +SEC. 205. CONTRACT OR GRANT SPECIFICATIONS. + + Section 108 of the Indian Self-Determination and Education +Assistance Act (25 U.S.C. 5329) is amended-- + (1) in subsection (a)(2), by inserting ``subject to + subsections (a) and (b) of section 102,'' before ``contain''; + (2) in subsection (f)(2)(A)(ii) of the model agreement + contained in subsection (c), by inserting ``subject to + subsections (a) and (b) of section 102 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5321),'' + before ``such other provisions''; and + (3) in subsection (b)(7)(C) of the model agreement + contained in subsection (c), in the second sentence of the + matter preceding clause (i), by striking ``one performance + monitoring visit'' and inserting ``two performance monitoring + visits''. + \ No newline at end of file From 34c3ce2d6d2b41a18c19299cf0b4d018a3a6ec24 Mon Sep 17 00:00:00 2001 From: "Sen. Hoeven, John [R-ND]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 689/984] Senate-209: Engrossed in Senate --- bills_text/Senate-209.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-209.txt b/bills_text/Senate-209.txt index 213d0ce..944cf35 100644 --- a/bills_text/Senate-209.txt +++ b/bills_text/Senate-209.txt @@ -2,25 +2,9 @@ 1st Session S. 209 -To amend the Indian Self-Determination and Education Assistance Act to - provide further self-governance by Indian Tribes, and for other - purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - January 24, 2019 - - Mr. Hoeven (for himself, Mr. Barrasso, Mr. Udall, and Ms. Smith) -introduced the following bill; which was read twice and referred to the - Committee on Indian Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -1489,4 +1473,22 @@ Assistance Act (25 U.S.C. 5329) is amended-- matter preceding clause (i), by striking ``one performance monitoring visit'' and inserting ``two performance monitoring visits''. - \ No newline at end of file + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 209 + +_______________________________________________________________________ + + AN ACT + +To amend the Indian Self-Determination and Education Assistance Act to + provide further self-governance by Indian Tribes, and for other + purposes. From 52f41b6966f8fa63002ea34b5e1863bf8681d913 Mon Sep 17 00:00:00 2001 From: "Sen. Hoeven, John [R-ND]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 690/984] Senate-209: Enrolled --- bills_text/Senate-209.txt | 2200 +++++++++++++++++-------------------- 1 file changed, 1025 insertions(+), 1175 deletions(-) diff --git a/bills_text/Senate-209.txt b/bills_text/Senate-209.txt index 944cf35..1c4f183 100644 --- a/bills_text/Senate-209.txt +++ b/bills_text/Senate-209.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - S. 209 + S.209 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend the Indian Self-Determination and Education Assistance Act to + To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019'' or the ``PROGRESS @@ -25,13 +32,15 @@ for Indian Tribes Act''. follows: Sec. 1. Short title; table of contents. - TITLE I--TRIBAL SELF-GOVERNANCE + + TITLE I--TRIBAL SELF-GOVERNANCE Sec. 101. Tribal self-governance. - TITLE II--INDIAN SELF-DETERMINATION + + TITLE II--INDIAN SELF-DETERMINATION Sec. 201. Definitions; reporting and audit requirements; application of - provisions. + provisions. Sec. 202. Contracts by Secretary of the Interior. Sec. 203. Administrative provisions. Sec. 204. Contract funding and indirect costs. @@ -39,405 +48,357 @@ Sec. 205. Contract or grant specifications. TITLE I--TRIBAL SELF-GOVERNANCE -SEC. 101. TRIBAL SELF-GOVERNANCE. - + SEC. 101. TRIBAL SELF-GOVERNANCE. (a) Effect of Provisions.--Nothing in this Act, or the amendments made by this Act, shall be construed-- - (1) to modify, limit, expand, or otherwise affect-- - (A) the authority of the Secretary of the Interior, - as provided for under the Indian Self-Determination and - Education Assistance Act (as in effect on the day - before the date of enactment of this Act), regarding-- - (i) the inclusion of any non-BIA program - (as defined in section 401 of the Indian Self- - Determination and Education Assistance Act) in - a self-determination contract or funding - agreement under section 403(c) of such Act (as - so in effect); or - (ii) the implementation of any contract or - agreement described in clause (i) that is in - effect on the day described in subparagraph - (A); - (B) the meaning, application, or effect of any - Tribal water rights settlement, including the - performance required of a party thereto or any payment - or funding obligation thereunder; - (C) the authority, jurisdiction, or responsibility - of a State to manage, control, or regulate fish and - wildlife under State law (including regulations) on - land or water in the State, including Federal public - land; - (D) except for the authority provided to the - Secretary as described in subparagraph (A), the - applicability or effect of any Federal law related to - the protection or management of fish or wildlife; or - (E) any treaty-reserved right or other right of any - Indian Tribe as recognized by any other means, - including treaties or agreements with the United - States, Executive orders, statutes, regulations, or - case law; or - (2) to authorize any provision of a contract or agreement - that is not consistent with the terms of a Tribal water rights - settlement. + (1) to modify, limit, expand, or otherwise affect-- + (A) the authority of the Secretary of the Interior, as + provided for under the Indian Self-Determination and Education + Assistance Act (as in effect on the day before the date of + enactment of this Act), regarding-- + (i) the inclusion of any non-BIA program (as defined in + section 401 of the Indian Self-Determination and Education + Assistance Act) in a self-determination contract or funding + agreement under section 403(c) of such Act (as so in + effect); or + (ii) the implementation of any contract or agreement + described in clause (i) that is in effect on the day + described in subparagraph (A); + (B) the meaning, application, or effect of any Tribal water + rights settlement, including the performance required of a + party thereto or any payment or funding obligation thereunder; + (C) the authority, jurisdiction, or responsibility of a + State to manage, control, or regulate fish and wildlife under + State law (including regulations) on land or water in the + State, including Federal public land; + (D) except for the authority provided to the Secretary as + described in subparagraph (A), the applicability or effect of + any Federal law related to the protection or management of fish + or wildlife; or + (E) any treaty-reserved right or other right of any Indian + Tribe as recognized by any other means, including treaties or + agreements with the United States, Executive orders, statutes, + regulations, or case law; or + (2) to authorize any provision of a contract or agreement that + is not consistent with the terms of a Tribal water rights + settlement. (b) Definitions.--Section 401 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361) is amended to read as follows: - -``SEC. 401. DEFINITIONS. - + ``SEC. 401. DEFINITIONS. ``In this title: - ``(1) Compact.--The term `compact' means a self-governance - compact entered into under section 404. - ``(2) Construction program; construction project.--The term - `construction program' or `construction project' means a Tribal - undertaking relating to the administration, planning, - environmental determination, design, construction, repair, - improvement, or expansion of roads, bridges, buildings, - structures, systems, or other facilities for purposes of - housing, law enforcement, detention, sanitation, water supply, - education, administration, community, health, irrigation, - agriculture, conservation, flood control, transportation, or - port facilities, or for other Tribal purposes. - ``(3) Department.--The term `Department' means the - Department of the Interior. - ``(4) Funding agreement.--The term `funding agreement' - means a funding agreement entered into under section 403. - ``(5) Gross mismanagement.--The term `gross mismanagement' - means a significant violation, shown by a preponderance of the - evidence, of a compact, funding agreement, or statutory or - regulatory requirement applicable to Federal funds for a - program administered by an Indian Tribe under a compact or - funding agreement. - ``(6) Inherent federal function.--The term `inherent - Federal function' means a Federal function that may not legally - be delegated to an Indian Tribe. - ``(7) Non-BIA program.--The term `non-BIA program' means - all or a portion of a program, function, service, or activity - that is administered by any bureau, service, office, or agency - of the Department of the Interior other than-- - ``(A) the Bureau of Indian Affairs; - ``(B) the Office of the Assistant Secretary for - Indian Affairs; or - ``(C) the Office of the Special Trustee for - American Indians. - ``(8) Program.--The term `program' means any program, - function, service, or activity (or portion thereof) within the - Department that is included in a funding agreement. - ``(9) Secretary.--The term `Secretary' means the Secretary - of the Interior. - ``(10) Self-determination contract.--The term `self- - determination contract' means a self-determination contract - entered into under section 102. - ``(11) Self-governance.--The term `self-governance' means - the Tribal Self-Governance Program established under section - 402. - ``(12) Tribal share.--The term `Tribal share' means the - portion of all funds and resources of an Indian Tribe that-- - ``(A) support any program within the Bureau of - Indian Affairs, the Office of the Special Trustee for - American Indians, or the Office of the Assistant - Secretary for Indian Affairs; and - ``(B) are not required by the Secretary for the - performance of an inherent Federal function. - ``(13) Tribal water rights settlement.--The term `Tribal - water rights settlement' means any settlement, compact, or - other agreement expressly ratified or approved by an Act of - Congress that-- - ``(A) includes an Indian Tribe and the United - States as parties; and - ``(B) quantifies or otherwise defines any water - right of the Indian Tribe.''. + ``(1) Compact.--The term `compact' means a self-governance + compact entered into under section 404. + ``(2) Construction program; construction project.--The term + `construction program' or `construction project' means a Tribal + undertaking relating to the administration, planning, environmental + determination, design, construction, repair, improvement, or + expansion of roads, bridges, buildings, structures, systems, or + other facilities for purposes of housing, law enforcement, + detention, sanitation, water supply, education, administration, + community, health, irrigation, agriculture, conservation, flood + control, transportation, or port facilities, or for other Tribal + purposes. + ``(3) Department.--The term `Department' means the Department + of the Interior. + ``(4) Funding agreement.--The term `funding agreement' means a + funding agreement entered into under section 403. + ``(5) Gross mismanagement.--The term `gross mismanagement' + means a significant violation, shown by a preponderance of the + evidence, of a compact, funding agreement, or statutory or + regulatory requirement applicable to Federal funds for a program + administered by an Indian Tribe under a compact or funding + agreement. + ``(6) Inherent federal function.--The term `inherent Federal + function' means a Federal function that may not legally be + delegated to an Indian Tribe. + ``(7) Non-BIA program.--The term `non-BIA program' means all or + a portion of a program, function, service, or activity that is + administered by any bureau, service, office, or agency of the + Department of the Interior other than-- + ``(A) the Bureau of Indian Affairs; + ``(B) the Office of the Assistant Secretary for Indian + Affairs; or + ``(C) the Office of the Special Trustee for American + Indians. + ``(8) Program.--The term `program' means any program, function, + service, or activity (or portion thereof) within the Department + that is included in a funding agreement. + ``(9) Secretary.--The term `Secretary' means the Secretary of + the Interior. + ``(10) Self-determination contract.--The term `self- + determination contract' means a self-determination contract entered + into under section 102. + ``(11) Self-governance.--The term `self-governance' means the + Tribal Self-Governance Program established under section 402. + ``(12) Tribal share.--The term `Tribal share' means the portion + of all funds and resources of an Indian Tribe that-- + ``(A) support any program within the Bureau of Indian + Affairs, the Office of the Special Trustee for American + Indians, or the Office of the Assistant Secretary for Indian + Affairs; and + ``(B) are not required by the Secretary for the performance + of an inherent Federal function. + ``(13) Tribal water rights settlement.--The term `Tribal water + rights settlement' means any settlement, compact, or other + agreement expressly ratified or approved by an Act of Congress + that-- + ``(A) includes an Indian Tribe and the United States as + parties; and + ``(B) quantifies or otherwise defines any water right of + the Indian Tribe.''. (c) Establishment.--Section 402 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5362) is amended to read as follows: - -``SEC. 402. TRIBAL SELF-GOVERNANCE PROGRAM. - + ``SEC. 402. TRIBAL SELF-GOVERNANCE PROGRAM. ``(a) Establishment.--The Secretary shall establish and carry out a program within the Department to be known as the `Tribal Self- Governance Program'. ``(b) Selection of Participating Indian Tribes.-- - ``(1) In general.-- - ``(A) Eligibility.--The Secretary, acting through - the Director of the Office of Self-Governance, may - select not more than 50 new Indian Tribes per year from - those tribes eligible under subsection (c) to - participate in self-governance. - ``(B) Joint participation.--On the request of each - participating Indian Tribe, 2 or more otherwise - eligible Indian Tribes may be treated as a single - Indian Tribe for the purpose of participating in self- - governance. - ``(2) Other authorized indian tribe or tribal - organization.--If an Indian Tribe authorizes another Indian - Tribe or a Tribal organization to plan for or carry out a - program on its behalf under this title, the authorized Indian - Tribe or Tribal organization shall have the rights and - responsibilities of the authorizing Indian Tribe (except as - otherwise provided in the authorizing resolution). - ``(3) Joint participation as organization.--Two or more - Indian Tribes that are not otherwise eligible under subsection - (c) may be treated as a single Indian Tribe for the purpose of - participating in self-governance as a Tribal organization if-- - ``(A) each Indian Tribe so requests; and - ``(B) the Tribal organization itself, or at least - one of the Indian Tribes participating in the Tribal - organization, is eligible under subsection (c). - ``(4) Tribal withdrawal from a tribal organization.-- - ``(A) In general.--An Indian Tribe that withdraws - from participation in a Tribal organization, in whole - or in part, shall be entitled to participate in self- - governance if the Indian Tribe is eligible under - subsection (c). - ``(B) Effect of withdrawal.--If an Indian Tribe - withdraws from participation in a Tribal organization, - the Indian Tribe shall be entitled to its Tribal share - of funds and resources supporting the programs that the - Indian Tribe is entitled to carry out under the compact - and funding agreement of the Indian Tribe. - ``(C) Participation in self-governance.--The - withdrawal of an Indian Tribe from a Tribal - organization shall not affect the eligibility of the - Tribal organization to participate in self-governance - on behalf of one or more other Indian Tribes, if the - Tribal organization still qualifies under subsection - (c). - ``(D) Withdrawal process.-- - ``(i) In general.--An Indian Tribe may, by - Tribal resolution, fully or partially withdraw - its Tribal share of any program in a funding - agreement from a participating Tribal - organization. - ``(ii) Notification.--The Indian Tribe - shall provide a copy of the Tribal resolution - described in clause (i) to the Secretary. - ``(iii) Effective date.-- - ``(I) In general.--A withdrawal - under clause (i) shall become effective - on the date that is specified in the - Tribal resolution and mutually agreed - upon by the Secretary, the withdrawing - Indian Tribe, and the Tribal - organization that signed the compact - and funding agreement on behalf of the - withdrawing Indian Tribe or Tribal - organization. - ``(II) No specified date.--In the - absence of a date specified in the - resolution, the withdrawal shall become - effective on-- - ``(aa) the earlier of-- - - ``(AA) 1 year after - the date of submission - of the request; and - - ``(BB) the date on - which the funding - agreement expires; or - - ``(bb) such date as may be - mutually agreed upon by the - Secretary, the withdrawing - Indian Tribe, and the Tribal - organization that signed the - compact and funding agreement - on behalf of the withdrawing - Indian Tribe or Tribal - organization. - ``(E) Distribution of funds.--If an Indian Tribe or - Tribal organization eligible to enter into a self- - determination contract or a compact or funding - agreement fully or partially withdraws from a - participating Tribal organization, the withdrawing - Indian Tribe-- - ``(i) may elect to enter into a self- - determination contract or compact, in which - case-- - ``(I) the withdrawing Indian Tribe - or Tribal organization shall be - entitled to its Tribal share of - unexpended funds and resources - supporting the programs that the Indian - Tribe will be carrying out under its - own self-determination contract or - compact and funding agreement - (calculated on the same basis as the - funds were initially allocated to the - funding agreement of the Tribal - organization); and - ``(II) the funds referred to in - subclause (I) shall be withdrawn by the - Secretary from the funding agreement of - the Tribal organization and transferred - to the withdrawing Indian Tribe, on the - condition that sections 102 and 105(i), - as appropriate, shall apply to the - withdrawing Indian Tribe; or - ``(ii) may elect not to enter into a self- - determination contract or compact, in which - case all unexpended funds and resources - associated with the withdrawing Indian Tribe's - returned programs (calculated on the same basis - as the funds were initially allocated to the - funding agreement of the Tribal organization) - shall be returned by the Tribal organization to - the Secretary for operation of the programs - included in the withdrawal. - ``(F) Return to mature contract status.--If an - Indian Tribe elects to operate all or some programs - carried out under a compact or funding agreement under - this title through a self-determination contract under - title I, at the option of the Indian Tribe, the - resulting self-determination contract shall be a mature - self-determination contract as long as the Indian Tribe - meets the requirements set forth in section 4(h). + ``(1) In general.-- + ``(A) Eligibility.--The Secretary, acting through the + Director of the Office of Self-Governance, may select not more + than 50 new Indian Tribes per year from those tribes eligible + under subsection (c) to participate in self-governance. + ``(B) Joint participation.--On the request of each + participating Indian Tribe, 2 or more otherwise eligible Indian + Tribes may be treated as a single Indian Tribe for the purpose + of participating in self-governance. + ``(2) Other authorized indian tribe or tribal organization.--If + an Indian Tribe authorizes another Indian Tribe or a Tribal + organization to plan for or carry out a program on its behalf under + this title, the authorized Indian Tribe or Tribal organization + shall have the rights and responsibilities of the authorizing + Indian Tribe (except as otherwise provided in the authorizing + resolution). + ``(3) Joint participation as organization.--Two or more Indian + Tribes that are not otherwise eligible under subsection (c) may be + treated as a single Indian Tribe for the purpose of participating + in self-governance as a Tribal organization if-- + ``(A) each Indian Tribe so requests; and + ``(B) the Tribal organization itself, or at least one of + the Indian Tribes participating in the Tribal organization, is + eligible under subsection (c). + ``(4) Tribal withdrawal from a tribal organization.-- + ``(A) In general.--An Indian Tribe that withdraws from + participation in a Tribal organization, in whole or in part, + shall be entitled to participate in self-governance if the + Indian Tribe is eligible under subsection (c). + ``(B) Effect of withdrawal.--If an Indian Tribe withdraws + from participation in a Tribal organization, the Indian Tribe + shall be entitled to its Tribal share of funds and resources + supporting the programs that the Indian Tribe is entitled to + carry out under the compact and funding agreement of the Indian + Tribe. + ``(C) Participation in self-governance.--The withdrawal of + an Indian Tribe from a Tribal organization shall not affect the + eligibility of the Tribal organization to participate in self- + governance on behalf of one or more other Indian Tribes, if the + Tribal organization still qualifies under subsection (c). + ``(D) Withdrawal process.-- + ``(i) In general.--An Indian Tribe may, by Tribal + resolution, fully or partially withdraw its Tribal share of + any program in a funding agreement from a participating + Tribal organization. + ``(ii) Notification.--The Indian Tribe shall provide a + copy of the Tribal resolution described in clause (i) to + the Secretary. + ``(iii) Effective date.-- + + ``(I) In general.--A withdrawal under clause (i) + shall become effective on the date that is specified in + the Tribal resolution and mutually agreed upon by the + Secretary, the withdrawing Indian Tribe, and the Tribal + organization that signed the compact and funding + agreement on behalf of the withdrawing Indian Tribe or + Tribal organization. + ``(II) No specified date.--In the absence of a date + specified in the resolution, the withdrawal shall + become effective on-- + + ``(aa) the earlier of-- + ``(AA) 1 year after the date of submission + of the request; and + ``(BB) the date on which the funding + agreement expires; or + ``(bb) such date as may be mutually agreed upon + by the Secretary, the withdrawing Indian Tribe, and + the Tribal organization that signed the compact and + funding agreement on behalf of the withdrawing + Indian Tribe or Tribal organization. + ``(E) Distribution of funds.--If an Indian Tribe or Tribal + organization eligible to enter into a self-determination + contract or a compact or funding agreement fully or partially + withdraws from a participating Tribal organization, the + withdrawing Indian Tribe-- + ``(i) may elect to enter into a self-determination + contract or compact, in which case-- + + ``(I) the withdrawing Indian Tribe or Tribal + organization shall be entitled to its Tribal share of + unexpended funds and resources supporting the programs + that the Indian Tribe will be carrying out under its + own self-determination contract or compact and funding + agreement (calculated on the same basis as the funds + were initially allocated to the funding agreement of + the Tribal organization); and + ``(II) the funds referred to in subclause (I) shall + be withdrawn by the Secretary from the funding + agreement of the Tribal organization and transferred to + the withdrawing Indian Tribe, on the condition that + sections 102 and 105(i), as appropriate, shall apply to + the withdrawing Indian Tribe; or + + ``(ii) may elect not to enter into a self-determination + contract or compact, in which case all unexpended funds and + resources associated with the withdrawing Indian Tribe's + returned programs (calculated on the same basis as the + funds were initially allocated to the funding agreement of + the Tribal organization) shall be returned by the Tribal + organization to the Secretary for operation of the programs + included in the withdrawal. + ``(F) Return to mature contract status.--If an Indian Tribe + elects to operate all or some programs carried out under a + compact or funding agreement under this title through a self- + determination contract under title I, at the option of the + Indian Tribe, the resulting self-determination contract shall + be a mature self-determination contract as long as the Indian + Tribe meets the requirements set forth in section 4(h). ``(c) Eligibility.--To be eligible to participate in self- governance, an Indian Tribe shall-- - ``(1) successfully complete the planning phase described in - subsection (d); - ``(2) request participation in self-governance by - resolution or other official action by the Tribal governing - body; and - ``(3) demonstrate, for the 3 fiscal years preceding the - date on which the Indian Tribe requests participation, - financial stability and financial management capability as - evidenced by the Indian Tribe having no uncorrected significant - and material audit exceptions in the required annual audit of - its self-determination or self-governance agreements with any - Federal agency. + ``(1) successfully complete the planning phase described in + subsection (d); + ``(2) request participation in self-governance by resolution or + other official action by the Tribal governing body; and + ``(3) demonstrate, for the 3 fiscal years preceding the date on + which the Indian Tribe requests participation, financial stability + and financial management capability as evidenced by the Indian + Tribe having no uncorrected significant and material audit + exceptions in the required annual audit of its self-determination + or self-governance agreements with any Federal agency. ``(d) Planning Phase.-- - ``(1) In general.--An Indian Tribe seeking to begin - participation in self-governance shall complete a planning - phase as provided in this subsection. - ``(2) Activities.--The planning phase shall-- - ``(A) be conducted to the satisfaction of the - Indian Tribe; and - ``(B) include-- - ``(i) legal and budgetary research; and - ``(ii) internal Tribal government planning, - training, and organizational preparation. + ``(1) In general.--An Indian Tribe seeking to begin + participation in self-governance shall complete a planning phase as + provided in this subsection. + ``(2) Activities.--The planning phase shall-- + ``(A) be conducted to the satisfaction of the Indian Tribe; + and + ``(B) include-- + ``(i) legal and budgetary research; and + ``(ii) internal Tribal government planning, training, + and organizational preparation. ``(e) Grants.-- - ``(1) In general.--Subject to the availability of - appropriations, an Indian Tribe or Tribal organization that - meets the requirements of paragraphs (2) and (3) of subsection - (c) shall be eligible for grants-- - ``(A) to plan for participation in self-governance; - and - ``(B) to negotiate the terms of participation by - the Indian Tribe or Tribal organization in self- - governance, as set forth in a compact and a funding - agreement. - ``(2) Receipt of grant not required.--Receipt of a grant - under paragraph (1) shall not be a requirement of participation - in self-governance.''. + ``(1) In general.--Subject to the availability of + appropriations, an Indian Tribe or Tribal organization that meets + the requirements of paragraphs (2) and (3) of subsection (c) shall + be eligible for grants-- + ``(A) to plan for participation in self-governance; and + ``(B) to negotiate the terms of participation by the Indian + Tribe or Tribal organization in self-governance, as set forth + in a compact and a funding agreement. + ``(2) Receipt of grant not required.--Receipt of a grant under + paragraph (1) shall not be a requirement of participation in self- + governance.''. (d) Funding Agreements.--Section 403 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5363) is amended-- - (1) by striking subsection (a) and inserting the following: + (1) by striking subsection (a) and inserting the following: ``(a) Authorization.--The Secretary shall, on the request of any Indian Tribe or Tribal organization, negotiate and enter into a written funding agreement with the governing body of the Indian Tribe or the Tribal organization in a manner consistent with-- - ``(1) the trust responsibility of the Federal Government, - treaty obligations, and the government-to-government - relationship between Indian Tribes and the United States; and - ``(2) subsection (b).''; - (2) in subsection (b)-- - (A) in paragraph (1)-- - (i) in the matter preceding subparagraph - (A), by striking ``without regard to the agency - or office of the Bureau of Indian Affairs'' and - inserting ``the Office of the Assistant - Secretary for Indian Affairs, and the Office of - the Special Trustee for American Indians, - without regard to the agency or office of that - Bureau or those Offices''; - (ii) by redesignating subparagraphs (A) and - (B) as clauses (i) and (ii), respectively, and - indenting the margins of such clauses - accordingly; - (iii) by striking ``including any program'' - and inserting the following: ``including-- - ``(A) any program''; - (iv) in subparagraph (A)-- - (I) in clause (i), as redesignated - by clause (ii), by striking the - semicolon at the end and inserting ``; - and''; and - (II) in clause (ii), as so - redesignated, by striking ``and'' after - the semicolon; - (v) by redesignating subparagraph (C) as - subparagraph (B); - (vi) in subparagraph (B), as redesignated - by clause (v), by striking the semicolon and - inserting ``; and''; and - (vii) by adding at the end the following: - ``(C) any other program, service, function, or - activity (or portion thereof) that is provided through - the Bureau of Indian Affairs, the Office of the - Assistant Secretary for Indian Affairs, or the Office - of the Special Trustee for American Indians with - respect to which Indian Tribes or Indians are primary - or significant beneficiaries;''; - (B) in paragraph (2)-- - (i) by striking ``section 405(c)'' and - inserting ``section 412(c)''; and - (ii) by inserting ``and'' after the - semicolon at the end; - (C) in paragraph (3), by striking the semicolon at - the end and inserting a period; and - (D) by striking paragraphs (4) through (9); - (3) in subsection (f)-- - (A) in the subsection heading, by striking ``for - Review''; - (B) by striking ``such agreement to--'' and all - that follows through ``Indian tribe'' and inserting - ``such agreement to each Indian Tribe''; - (C) by striking ``agreement;'' and inserting - ``agreement.''; and - (D) by striking paragraphs (2) and (3); - (4) in subsection (k), by striking ``section 405(c)(1)'' - and inserting ``section 412(c)''; and - (5) by adding at the end the following: + ``(1) the trust responsibility of the Federal Government, + treaty obligations, and the government-to-government relationship + between Indian Tribes and the United States; and + ``(2) subsection (b).''; + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph (A), by + striking ``without regard to the agency or office of the + Bureau of Indian Affairs'' and inserting ``the Office of + the Assistant Secretary for Indian Affairs, and the Office + of the Special Trustee for American Indians, without regard + to the agency or office of that Bureau or those Offices''; + (ii) by redesignating subparagraphs (A) and (B) as + clauses (i) and (ii), respectively, and indenting the + margins of such clauses accordingly; + (iii) by striking ``including any program'' and + inserting the following: ``including-- + ``(A) any program''; + (iv) in subparagraph (A)-- + + (I) in clause (i), as redesignated by clause (ii), + by striking the semicolon at the end and inserting ``; + and''; and + (II) in clause (ii), as so redesignated, by + striking ``and'' after the semicolon; + + (v) by redesignating subparagraph (C) as subparagraph + (B); + (vi) in subparagraph (B), as redesignated by clause + (v), by striking the semicolon and inserting ``; and''; and + (vii) by adding at the end the following: + ``(C) any other program, service, function, or activity (or + portion thereof) that is provided through the Bureau of Indian + Affairs, the Office of the Assistant Secretary for Indian + Affairs, or the Office of the Special Trustee for American + Indians with respect to which Indian Tribes or Indians are + primary or significant beneficiaries;''; + (B) in paragraph (2)-- + (i) by striking ``section 405(c)'' and inserting + ``section 412(c)''; and + (ii) by inserting ``and'' after the semicolon at the + end; + (C) in paragraph (3), by striking the semicolon at the end + and inserting a period; and + (D) by striking paragraphs (4) through (9); + (3) in subsection (f)-- + (A) in the subsection heading, by striking ``for Review''; + (B) by striking ``such agreement to--'' and all that + follows through ``Indian tribe'' and inserting ``such agreement + to each Indian Tribe''; + (C) by striking ``agreement;'' and inserting + ``agreement.''; and + (D) by striking paragraphs (2) and (3); + (4) in subsection (k), by striking ``section 405(c)(1)'' and + inserting ``section 412(c)''; and + (5) by adding at the end the following: ``(m) Other Provisions.-- - ``(1) Excluded funding.--A funding agreement shall not - authorize an Indian Tribe to plan, conduct, administer, or - receive Tribal share funding under any program that-- - ``(A) is provided under the Tribally Controlled - Colleges and Universities Assistance Act of 1978 (25 - U.S.C. 1801 et seq.); or - ``(B) is provided for elementary and secondary - schools under the formula developed under section 1127 - of the Education Amendments of 1978 (25 U.S.C. 2007). - ``(2) Services, functions, and responsibilities.--A funding - agreement shall specify-- - ``(A) the services to be provided under the funding - agreement; - ``(B) the functions to be performed under the - funding agreement; and - ``(C) the responsibilities of the Indian Tribe and - the Secretary under the funding agreement. - ``(3) Base budget.-- - ``(A) In general.--A funding agreement shall, at - the option of the Indian Tribe, provide for a stable - base budget specifying the recurring funds (which may - include funds available under section 106(a)) to be - transferred to the Indian Tribe, for such period as the - Indian Tribe specifies in the funding agreement, - subject to annual adjustment only to reflect changes in - congressional appropriations. - ``(B) Limitations.--Notwithstanding subparagraph - (A), a funding agreement shall not specify funding - associated with a program described in subsection - (b)(2) or (c) unless the Secretary agrees. - ``(4) No waiver of trust responsibility.--A funding - agreement shall prohibit the Secretary from waiving, modifying, - or diminishing in any way the trust responsibility of the - United States with respect to Indian Tribes and individual - Indians that exists under treaties, Executive orders, court - decisions, and other laws. + ``(1) Excluded funding.--A funding agreement shall not + authorize an Indian Tribe to plan, conduct, administer, or receive + Tribal share funding under any program that-- + ``(A) is provided under the Tribally Controlled Colleges + and Universities Assistance Act of 1978 (25 U.S.C. 1801 et + seq.); or + ``(B) is provided for elementary and secondary schools + under the formula developed under section 1127 of the Education + Amendments of 1978 (25 U.S.C. 2007). + ``(2) Services, functions, and responsibilities.--A funding + agreement shall specify-- + ``(A) the services to be provided under the funding + agreement; + ``(B) the functions to be performed under the funding + agreement; and + ``(C) the responsibilities of the Indian Tribe and the + Secretary under the funding agreement. + ``(3) Base budget.-- + ``(A) In general.--A funding agreement shall, at the option + of the Indian Tribe, provide for a stable base budget + specifying the recurring funds (which may include funds + available under section 106(a)) to be transferred to the Indian + Tribe, for such period as the Indian Tribe specifies in the + funding agreement, subject to annual adjustment only to reflect + changes in congressional appropriations. + ``(B) Limitations.--Notwithstanding subparagraph (A), a + funding agreement shall not specify funding associated with a + program described in subsection (b)(2) or (c) unless the + Secretary agrees. + ``(4) No waiver of trust responsibility.--A funding agreement + shall prohibit the Secretary from waiving, modifying, or + diminishing in any way the trust responsibility of the United + States with respect to Indian Tribes and individual Indians that + exists under treaties, Executive orders, court decisions, and other + laws. ``(n) Amendment.--The Secretary shall not revise, amend, or require additional terms in a new or subsequent funding agreement without the consent of the Indian Tribe, unless such terms are required by Federal @@ -445,79 +406,72 @@ law. ``(o) Effective Date.--A funding agreement shall become effective on the date specified in the funding agreement. ``(p) Existing and Subsequent Funding Agreements.-- - ``(1) Subsequent funding agreements.--Absent notification - from an Indian Tribe that the Indian Tribe is withdrawing or - retroceding the operation of one or more programs identified in - a funding agreement, or unless otherwise agreed to by the - parties to the funding agreement or by the nature of any - noncontinuing program, service, function, or activity contained - in a funding agreement-- - ``(A) a funding agreement shall remain in full - force and effect until a subsequent funding agreement - is executed, with funding paid annually for each fiscal - year the agreement is in effect; and - ``(B) the term of the subsequent funding agreement - shall be retroactive to the end of the term of the - preceding funding agreement for the purposes of - calculating the amount of funding to which the Indian - Tribe is entitled. - ``(2) Disputes.--Disputes over the implementation of - paragraph (1)(A) shall be subject to section 406(c). - ``(3) Existing funding agreements.--An Indian Tribe that - was participating in self-governance under this title on the - date of enactment of the PROGRESS for Indian Tribes Act shall - have the option at any time after that date-- - ``(A) to retain its existing funding agreement (in - whole or in part) to the extent that the provisions of - that funding agreement are not directly contrary to any - express provision of this title; or - ``(B) to negotiate a new funding agreement in a - manner consistent with this title. - ``(4) Multiyear funding agreements.--An Indian Tribe may, - at the discretion of the Indian Tribe, negotiate with the - Secretary for a funding agreement with a term that exceeds 1 - year.''. + ``(1) Subsequent funding agreements.--Absent notification from + an Indian Tribe that the Indian Tribe is withdrawing or retroceding + the operation of one or more programs identified in a funding + agreement, or unless otherwise agreed to by the parties to the + funding agreement or by the nature of any noncontinuing program, + service, function, or activity contained in a funding agreement-- + ``(A) a funding agreement shall remain in full force and + effect until a subsequent funding agreement is executed, with + funding paid annually for each fiscal year the agreement is in + effect; and + ``(B) the term of the subsequent funding agreement shall be + retroactive to the end of the term of the preceding funding + agreement for the purposes of calculating the amount of funding + to which the Indian Tribe is entitled. + ``(2) Disputes.--Disputes over the implementation of paragraph + (1)(A) shall be subject to section 406(c). + ``(3) Existing funding agreements.--An Indian Tribe that was + participating in self-governance under this title on the date of + enactment of the PROGRESS for Indian Tribes Act shall have the + option at any time after that date-- + ``(A) to retain its existing funding agreement (in whole or + in part) to the extent that the provisions of that funding + agreement are not directly contrary to any express provision of + this title; or + ``(B) to negotiate a new funding agreement in a manner + consistent with this title. + ``(4) Multiyear funding agreements.--An Indian Tribe may, at + the discretion of the Indian Tribe, negotiate with the Secretary + for a funding agreement with a term that exceeds 1 year.''. (e) General Revisions.--Title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361 et seq.) is amended by striking sections 404 through 408 and inserting the following: - -``SEC. 404. COMPACTS. - + ``SEC. 404. COMPACTS. ``(a) In General.--The Secretary shall negotiate and enter into a written compact with each Indian Tribe participating in self-governance in a manner consistent with the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States. ``(b) Contents.--A compact under subsection (a) shall-- - ``(1) specify and affirm the general terms of the - government-to-government relationship between the Indian Tribe - and the Secretary; and - ``(2) include such terms as the parties intend shall - control during the term of the compact. + ``(1) specify and affirm the general terms of the government- + to-government relationship between the Indian Tribe and the + Secretary; and + ``(2) include such terms as the parties intend shall control + during the term of the compact. ``(c) Amendment.--A compact under subsection (a) may be amended only by agreement of the parties. ``(d) Effective Date.--The effective date of a compact under subsection (a) shall be-- - ``(1) the date of the execution of the compact by the - parties; or - ``(2) such date as is mutually agreed upon by the parties. + ``(1) the date of the execution of the compact by the parties; + or + ``(2) such date as is mutually agreed upon by the parties. ``(e) Duration.--A compact under subsection (a) shall remain in effect-- - ``(1) for so long as permitted by Federal law; or - ``(2) until termination by written agreement, retrocession, - or reassumption. + ``(1) for so long as permitted by Federal law; or + ``(2) until termination by written agreement, retrocession, or + reassumption. ``(f) Existing Compacts.--An Indian Tribe participating in self- governance under this title, as in effect on the date of enactment of the PROGRESS for Indian Tribes Act, shall have the option at any time after that date-- - ``(1) to retain its negotiated compact (in whole or in - part) to the extent that the provisions of the compact are not - directly contrary to any express provision of this title; or - ``(2) to negotiate a new compact in a manner consistent - with this title. - -``SEC. 405. GENERAL PROVISIONS. - + ``(1) to retain its negotiated compact (in whole or in part) to + the extent that the provisions of the compact are not directly + contrary to any express provision of this title; or + ``(2) to negotiate a new compact in a manner consistent with + this title. + ``SEC. 405. GENERAL PROVISIONS. ``(a) Applicability.--An Indian Tribe and the Secretary shall include in any compact or funding agreement provisions that reflect the requirements of this title. @@ -526,262 +480,231 @@ self-governance shall ensure that internal measures are in place to address, pursuant to Tribal law and procedures, conflicts of interest in the administration of programs. ``(c) Audits.-- - ``(1) Single agency audit act.--Chapter 75 of title 31, - United States Code, shall apply to a funding agreement under - this title. - ``(2) Cost principles.--An Indian Tribe shall apply cost - principles under the applicable Office of Management and Budget - circular, except as modified by-- - ``(A) any provision of law, including section 106; - or - ``(B) any exemptions to applicable Office of - Management and Budget circulars subsequently granted by - the Office of Management and Budget. - ``(3) Federal claims.--Any claim by the Federal Government - against an Indian Tribe relating to funds received under a - funding agreement based on any audit under this subsection - shall be subject to section 106(f). + ``(1) Single agency audit act.--Chapter 75 of title 31, United + States Code, shall apply to a funding agreement under this title. + ``(2) Cost principles.--An Indian Tribe shall apply cost + principles under the applicable Office of Management and Budget + circular, except as modified by-- + ``(A) any provision of law, including section 106; or + ``(B) any exemptions to applicable Office of Management and + Budget circulars subsequently granted by the Office of + Management and Budget. + ``(3) Federal claims.--Any claim by the Federal Government + against an Indian Tribe relating to funds received under a funding + agreement based on any audit under this subsection shall be subject + to section 106(f). ``(d) Redesign and Consolidation.--Except as provided in section 407, an Indian Tribe may redesign or consolidate programs, or reallocate funds for programs, in a compact or funding agreement in any manner that the Indian Tribe determines to be in the best interest of the Indian community being served-- - ``(1) so long as the redesign or consolidation does not - have the effect of denying eligibility for services to - population groups otherwise eligible to be served under - applicable Federal law; and - ``(2) except that, with respect to the reallocation, - consolidation, and redesign of programs described in subsection - (b)(2) or (c) of section 403, a joint agreement between the - Secretary and the Indian Tribe shall be required. + ``(1) so long as the redesign or consolidation does not have + the effect of denying eligibility for services to population groups + otherwise eligible to be served under applicable Federal law; and + ``(2) except that, with respect to the reallocation, + consolidation, and redesign of programs described in subsection + (b)(2) or (c) of section 403, a joint agreement between the + Secretary and the Indian Tribe shall be required. ``(e) Retrocession.-- - ``(1) In general.--An Indian Tribe may fully or partially - retrocede to the Secretary any program under a compact or - funding agreement. - ``(2) Effective date.-- - ``(A) Agreement.--Unless an Indian Tribe rescinds a - request for retrocession under paragraph (1), the - retrocession shall become effective on the date - specified by the parties in the compact or funding - agreement. - ``(B) No agreement.--In the absence of a - specification of an effective date in the compact or - funding agreement, the retrocession shall become - effective on-- - ``(i) the earlier of-- - ``(I) 1 year after the date on - which the request is submitted; and - ``(II) the date on which the - funding agreement expires; or - ``(ii) such date as may be mutually agreed - upon by the Secretary and the Indian Tribe. + ``(1) In general.--An Indian Tribe may fully or partially + retrocede to the Secretary any program under a compact or funding + agreement. + ``(2) Effective date.-- + ``(A) Agreement.--Unless an Indian Tribe rescinds a request + for retrocession under paragraph (1), the retrocession shall + become effective on the date specified by the parties in the + compact or funding agreement. + ``(B) No agreement.--In the absence of a specification of + an effective date in the compact or funding agreement, the + retrocession shall become effective on-- + ``(i) the earlier of-- + + ``(I) 1 year after the date on which the request is + submitted; and + ``(II) the date on which the funding agreement + expires; or + + ``(ii) such date as may be mutually agreed upon by the + Secretary and the Indian Tribe. ``(f) Nonduplication.--A funding agreement shall provide that, for the period for which, and to the extent to which, funding is provided to an Indian Tribe under this title, the Indian Tribe-- - ``(1) shall not be entitled to contract with the Secretary - for funds under section 102, except that the Indian Tribe shall - be eligible for new programs on the same basis as other Indian - Tribes; and - ``(2) shall be responsible for the administration of - programs in accordance with the compact or funding agreement. + ``(1) shall not be entitled to contract with the Secretary for + funds under section 102, except that the Indian Tribe shall be + eligible for new programs on the same basis as other Indian Tribes; + and + ``(2) shall be responsible for the administration of programs + in accordance with the compact or funding agreement. ``(g) Records.-- - ``(1) In general.--Unless an Indian Tribe specifies - otherwise in the compact or funding agreement, records of an - Indian Tribe shall not be considered to be Federal records for - purposes of chapter 5 of title 5, United States Code. - ``(2) Recordkeeping system.--An Indian Tribe shall-- - ``(A) maintain a recordkeeping system; and - ``(B) on a notice period of not less than 30 days, - provide the Secretary with reasonable access to the - records to enable the Department to meet the - requirements of sections 3101 through 3106 of title 44, - United States Code. - -``SEC. 406. PROVISIONS RELATING TO THE SECRETARY. - + ``(1) In general.--Unless an Indian Tribe specifies otherwise + in the compact or funding agreement, records of an Indian Tribe + shall not be considered to be Federal records for purposes of + chapter 5 of title 5, United States Code. + ``(2) Recordkeeping system.--An Indian Tribe shall-- + ``(A) maintain a recordkeeping system; and + ``(B) on a notice period of not less than 30 days, provide + the Secretary with reasonable access to the records to enable + the Department to meet the requirements of sections 3101 + through 3106 of title 44, United States Code. + ``SEC. 406. PROVISIONS RELATING TO THE SECRETARY. ``(a) Trust Evaluations.--A funding agreement shall include a provision to monitor the performance of trust functions by the Indian Tribe through the annual trust evaluation. ``(b) Reassumption.-- - ``(1) In general.--A compact or funding agreement shall - include provisions for the Secretary to reassume a program and - associated funding if there is a specific finding relating to - that program of-- - ``(A) imminent jeopardy to a trust asset, a natural - resource, or public health and safety that-- - ``(i) is caused by an act or omission of - the Indian Tribe; and - ``(ii) arises out of a failure to carry out - the compact or funding agreement; or - ``(B) gross mismanagement with respect to funds - transferred to an Indian Tribe under a compact or - funding agreement, as determined by the Secretary in - consultation with the Inspector General, as - appropriate. - ``(2) Prohibition.--The Secretary shall not reassume - operation of a program, in whole or part, unless-- - ``(A) the Secretary first provides written notice - and a hearing on the record to the Indian Tribe; and - ``(B) the Indian Tribe does not take corrective - action to remedy the mismanagement of the funds or - programs, or the imminent jeopardy to a trust asset, - natural resource, or public health and safety. - ``(3) Exception.-- - ``(A) In general.--Notwithstanding paragraph (2), - the Secretary may, on written notice to the Indian - Tribe, immediately reassume operation of a program if-- - ``(i) the Secretary makes a finding of - imminent and substantial jeopardy and - irreparable harm to a trust asset, a natural - resource, or the public health and safety - caused by an act or omission of the Indian - Tribe; and - ``(ii) the imminent and substantial - jeopardy and irreparable harm to the trust - asset, natural resource, or public health and - safety arises out of a failure by the Indian - Tribe to carry out the terms of an applicable - compact or funding agreement. - ``(B) Reassumption.--If the Secretary reassumes - operation of a program under subparagraph (A), the - Secretary shall provide the Indian Tribe with a hearing - on the record not later than 10 days after the date of - reassumption. + ``(1) In general.--A compact or funding agreement shall include + provisions for the Secretary to reassume a program and associated + funding if there is a specific finding relating to that program + of-- + ``(A) imminent jeopardy to a trust asset, a natural + resource, or public health and safety that-- + ``(i) is caused by an act or omission of the Indian + Tribe; and + ``(ii) arises out of a failure to carry out the compact + or funding agreement; or + ``(B) gross mismanagement with respect to funds transferred + to an Indian Tribe under a compact or funding agreement, as + determined by the Secretary in consultation with the Inspector + General, as appropriate. + ``(2) Prohibition.--The Secretary shall not reassume operation + of a program, in whole or part, unless-- + ``(A) the Secretary first provides written notice and a + hearing on the record to the Indian Tribe; and + ``(B) the Indian Tribe does not take corrective action to + remedy the mismanagement of the funds or programs, or the + imminent jeopardy to a trust asset, natural resource, or public + health and safety. + ``(3) Exception.-- + ``(A) In general.--Notwithstanding paragraph (2), the + Secretary may, on written notice to the Indian Tribe, + immediately reassume operation of a program if-- + ``(i) the Secretary makes a finding of imminent and + substantial jeopardy and irreparable harm to a trust asset, + a natural resource, or the public health and safety caused + by an act or omission of the Indian Tribe; and + ``(ii) the imminent and substantial jeopardy and + irreparable harm to the trust asset, natural resource, or + public health and safety arises out of a failure by the + Indian Tribe to carry out the terms of an applicable + compact or funding agreement. + ``(B) Reassumption.--If the Secretary reassumes operation + of a program under subparagraph (A), the Secretary shall + provide the Indian Tribe with a hearing on the record not later + than 10 days after the date of reassumption. ``(c) Inability To Agree on Compact or Funding Agreement.-- - ``(1) Final offer.--If the Secretary and a participating - Indian Tribe are unable to agree, in whole or in part, on the - terms of a compact or funding agreement (including funding - levels), the Indian Tribe may submit a final offer to the - Secretary. - ``(2) Determination.--Not more than 60 days after the date - of receipt of a final offer by one or more of the officials - designated pursuant to paragraph (4), the Secretary shall - review and make a determination with respect to the final - offer, except that the 60-day period may be extended for up to - 30 days for circumstances beyond the control of the Secretary, - upon written request by the Secretary to the Indian tribe. - ``(3) Extensions.--The deadline described in paragraph (2) - may be extended for any length of time, as agreed upon by both - the Indian Tribe and the Secretary. - ``(4) Designated officials.-- - ``(A) In general.--The Secretary shall designate - one or more appropriate officials in the Department to - receive a copy of the final offer described in - paragraph (1). - ``(B) No designation.--If no official is - designated, the Director of the Office of the Executive - Secretariat and Regulatory Affairs shall be the - designated official. - ``(5) No timely determination.--If the Secretary fails to - make a determination with respect to a final offer within the - period specified in paragraph (2), including any extension - agreed to under paragraph (3), the Secretary shall be deemed to - have agreed to the offer, except that with respect to any - compact or funding agreement provision concerning a program - described under section 403(c), the Secretary shall be deemed - to have rejected the offer with respect to such provision and - the terms of clauses (ii) through (iv) of paragraphs (6)(A) - shall apply. - ``(6) Rejection of final offer.-- - ``(A) In general.--If the Secretary rejects a final - offer (or one or more provisions or funding levels in a - final offer), the Secretary shall-- - ``(i) provide timely written notification - to the Indian Tribe that contains a specific - finding that clearly demonstrates, or that is - supported by a controlling legal authority, - that-- - ``(I) the amount of funds proposed - in the final offer exceeds the - applicable funding level as determined - under section 106(a)(1); - ``(II) the program that is the - subject of the final offer is an - inherent Federal function or is subject - to the discretion of the Secretary - under section 403(c); - ``(III) the Indian Tribe cannot - carry out the program in a manner that - would not result in significant danger - or risk to the public health or safety, - to natural resources, or to trust - resources; - ``(IV) the Indian Tribe is not - eligible to participate in self- - governance under section 402(c); - ``(V) the funding agreement would - violate a Federal statute or - regulation; or - ``(VI) with respect to a program or - portion of a program included in a - final offer pursuant to section - 403(b)(2), the program or the portion - of the program is not otherwise - available to Indian Tribes or Indians - under section 102(a)(1)(E); - ``(ii) provide technical assistance to - overcome the objections stated in the - notification required by clause (i); - ``(iii) provide the Indian Tribe with a - hearing on the record with the right to engage - in full discovery relevant to any issue raised - in the matter, and the opportunity for appeal - on the objections raised, except that the - Indian Tribe may, in lieu of filing such - appeal, directly proceed to initiate an action - in a United States district court under section - 110(a); and - ``(iv) provide the Indian Tribe the option - of entering into the severable portions of a - final proposed compact or funding agreement - (including a lesser funding amount, if any), - that the Secretary did not reject, subject to - any additional alterations necessary to conform - the compact or funding agreement to the severed - provisions. - ``(B) Effect of exercising certain option.--If an - Indian Tribe exercises the option specified in - subparagraph (A)(iv)-- - ``(i) the Indian Tribe shall retain the - right to appeal the rejection by the Secretary - under this section; and - ``(ii) clauses (i), (ii), and (iii) of - subparagraph (A) shall apply only to the - portion of the proposed final compact or - funding agreement that was rejected by the - Secretary. + ``(1) Final offer.--If the Secretary and a participating Indian + Tribe are unable to agree, in whole or in part, on the terms of a + compact or funding agreement (including funding levels), the Indian + Tribe may submit a final offer to the Secretary. + ``(2) Determination.--Not more than 60 days after the date of + receipt of a final offer by one or more of the officials designated + pursuant to paragraph (4), the Secretary shall review and make a + determination with respect to the final offer, except that the 60- + day period may be extended for up to 30 days for circumstances + beyond the control of the Secretary, upon written request by the + Secretary to the Indian tribe. + ``(3) Extensions.--The deadline described in paragraph (2) may + be extended for any length of time, as agreed upon by both the + Indian Tribe and the Secretary. + ``(4) Designated officials.-- + ``(A) In general.--The Secretary shall designate one or + more appropriate officials in the Department to receive a copy + of the final offer described in paragraph (1). + ``(B) No designation.--If no official is designated, the + Director of the Office of the Executive Secretariat and + Regulatory Affairs shall be the designated official. + ``(5) No timely determination.--If the Secretary fails to make + a determination with respect to a final offer within the period + specified in paragraph (2), including any extension agreed to under + paragraph (3), the Secretary shall be deemed to have agreed to the + offer, except that with respect to any compact or funding agreement + provision concerning a program described under section 403(c), the + Secretary shall be deemed to have rejected the offer with respect + to such provision and the terms of clauses (ii) through (iv) of + paragraphs (6)(A) shall apply. + ``(6) Rejection of final offer.-- + ``(A) In general.--If the Secretary rejects a final offer + (or one or more provisions or funding levels in a final offer), + the Secretary shall-- + ``(i) provide timely written notification to the Indian + Tribe that contains a specific finding that clearly + demonstrates, or that is supported by a controlling legal + authority, that-- + + ``(I) the amount of funds proposed in the final + offer exceeds the applicable funding level as + determined under section 106(a)(1); + ``(II) the program that is the subject of the final + offer is an inherent Federal function or is subject to + the discretion of the Secretary under section 403(c); + ``(III) the Indian Tribe cannot carry out the + program in a manner that would not result in + significant danger or risk to the public health or + safety, to natural resources, or to trust resources; + ``(IV) the Indian Tribe is not eligible to + participate in self-governance under section 402(c); + ``(V) the funding agreement would violate a Federal + statute or regulation; or + ``(VI) with respect to a program or portion of a + program included in a final offer pursuant to section + 403(b)(2), the program or the portion of the program is + not otherwise available to Indian Tribes or Indians + under section 102(a)(1)(E); + + ``(ii) provide technical assistance to overcome the + objections stated in the notification required by clause + (i); + ``(iii) provide the Indian Tribe with a hearing on the + record with the right to engage in full discovery relevant + to any issue raised in the matter, and the opportunity for + appeal on the objections raised, except that the Indian + Tribe may, in lieu of filing such appeal, directly proceed + to initiate an action in a United States district court + under section 110(a); and + ``(iv) provide the Indian Tribe the option of entering + into the severable portions of a final proposed compact or + funding agreement (including a lesser funding amount, if + any), that the Secretary did not reject, subject to any + additional alterations necessary to conform the compact or + funding agreement to the severed provisions. + ``(B) Effect of exercising certain option.--If an Indian + Tribe exercises the option specified in subparagraph (A)(iv)-- + ``(i) the Indian Tribe shall retain the right to appeal + the rejection by the Secretary under this section; and + ``(ii) clauses (i), (ii), and (iii) of subparagraph (A) + shall apply only to the portion of the proposed final + compact or funding agreement that was rejected by the + Secretary. ``(d) Burden of Proof.--In any administrative action, hearing, appeal, or civil action brought under this section, the Secretary shall have the burden of proof-- - ``(1) of demonstrating, by a preponderance of the evidence, - the validity of the grounds for a reassumption under subsection - (b); and - ``(2) of clearly demonstrating the validity of the grounds - for rejecting a final offer made under subsection (c). + ``(1) of demonstrating, by a preponderance of the evidence, the + validity of the grounds for a reassumption under subsection (b); + and + ``(2) of clearly demonstrating the validity of the grounds for + rejecting a final offer made under subsection (c). ``(e) Good Faith.-- - ``(1) In general.--In the negotiation of compacts and - funding agreements, the Secretary shall at all times negotiate - in good faith to maximize implementation of the self-governance - policy. - ``(2) Policy.--The Secretary shall carry out this title in - a manner that maximizes the policy of Tribal self-governance. + ``(1) In general.--In the negotiation of compacts and funding + agreements, the Secretary shall at all times negotiate in good + faith to maximize implementation of the self-governance policy. + ``(2) Policy.--The Secretary shall carry out this title in a + manner that maximizes the policy of Tribal self-governance. ``(f) Savings.-- - ``(1) In general.--To the extent that programs carried out - for the benefit of Indian Tribes and Tribal organizations under - this title reduce the administrative or other responsibilities - of the Secretary with respect to the operation of Indian - programs and result in savings that have not otherwise been - included in the amount of Tribal shares and other funds - determined under section 408(c), except for funding agreements - entered into for programs under section 403(c), the Secretary - shall make such savings available to the Indian Tribes or - Tribal organizations for the provision of additional services - to program beneficiaries in a manner equitable to directly - served, contracted, and compacted programs. - ``(2) Discretionary programs of special significance.--For - any savings generated as a result of the assumption of a - program by an Indian Tribe under section 403(c), such savings - shall be made available to that Indian Tribe. + ``(1) In general.--To the extent that programs carried out for + the benefit of Indian Tribes and Tribal organizations under this + title reduce the administrative or other responsibilities of the + Secretary with respect to the operation of Indian programs and + result in savings that have not otherwise been included in the + amount of Tribal shares and other funds determined under section + 408(c), except for funding agreements entered into for programs + under section 403(c), the Secretary shall make such savings + available to the Indian Tribes or Tribal organizations for the + provision of additional services to program beneficiaries in a + manner equitable to directly served, contracted, and compacted + programs. + ``(2) Discretionary programs of special significance.--For any + savings generated as a result of the assumption of a program by an + Indian Tribe under section 403(c), such savings shall be made + available to that Indian Tribe. ``(g) Trust Responsibility.--The Secretary may not waive, modify, or diminish in any way the trust responsibility of the United States with respect to Indian Tribes and individual Indians that exists under @@ -789,20 +712,18 @@ treaties, Executive orders, other laws, or court decisions. ``(h) Decision Maker.--A decision that constitutes final agency action and relates to an appeal within the Department conducted under subsection (c)(6)(A)(iii) may be made by-- - ``(1) an official of the Department who holds a position at - a higher organizational level within the Department than the - level of the departmental agency in which the decision that is - the subject of the appeal was made; or - ``(2) an administrative law judge. + ``(1) an official of the Department who holds a position at a + higher organizational level within the Department than the level of + the departmental agency in which the decision that is the subject + of the appeal was made; or + ``(2) an administrative law judge. ``(i) Rules of Construction.--Subject to section 101(a) of the PROGRESS for Indian Tribes Act, each provision of this title and each provision of a compact or funding agreement shall be liberally construed for the benefit of the Indian Tribe participating in self- governance, and any ambiguity shall be resolved in favor of the Indian Tribe. - -``SEC. 407. CONSTRUCTION PROGRAMS AND PROJECTS. - + ``SEC. 407. CONSTRUCTION PROGRAMS AND PROJECTS. ``(a) In General.--Indian Tribes participating in Tribal self- governance may carry out any construction project included in a compact or funding agreement under this title. @@ -814,13 +735,13 @@ Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A of subtitle III of title 54, United States Code, and related provisions of other law and regulations that would apply if the Secretary were to undertake a construction project, by adopting a resolution-- - ``(1) designating a certifying Tribal officer to represent - the Indian Tribe and to assume the status of a responsible - Federal official under those Acts, laws, or regulations; and - ``(2) accepting the jurisdiction of the United States - courts for the purpose of enforcing the responsibilities of the - certifying Tribal officer assuming the status of a responsible - Federal official under those Acts, laws, or regulations. + ``(1) designating a certifying Tribal officer to represent the + Indian Tribe and to assume the status of a responsible Federal + official under those Acts, laws, or regulations; and + ``(2) accepting the jurisdiction of the United States courts + for the purpose of enforcing the responsibilities of the certifying + Tribal officer assuming the status of a responsible Federal + official under those Acts, laws, or regulations. ``(c) Savings Clause.--Notwithstanding subsection (b), nothing in this section authorizes the Secretary to include in any compact or funding agreement duties of the Secretary under the National @@ -829,94 +750,87 @@ of subtitle III of title 54, United States Code, and other related provisions of law that are inherent Federal functions. ``(d) Codes and Standards.--In carrying out a construction project under this title, an Indian Tribe shall-- - ``(1) adhere to applicable Federal, State, local, and - Tribal building codes, architectural and engineering standards, - and applicable Federal guidelines regarding design, space, and - operational standards, appropriate for the particular project; - and - ``(2) use only architects and engineers who-- - ``(A) are licensed to practice in the State in - which the facility will be built; and - ``(B) certify that-- - ``(i) they are qualified to perform the - work required by the specific construction - involved; and - ``(ii) upon completion of design, the plans - and specifications meet or exceed the - applicable construction and safety codes. + ``(1) adhere to applicable Federal, State, local, and Tribal + building codes, architectural and engineering standards, and + applicable Federal guidelines regarding design, space, and + operational standards, appropriate for the particular project; and + ``(2) use only architects and engineers who-- + ``(A) are licensed to practice in the State in which the + facility will be built; and + ``(B) certify that-- + ``(i) they are qualified to perform the work required + by the specific construction involved; and + ``(ii) upon completion of design, the plans and + specifications meet or exceed the applicable construction + and safety codes. ``(e) Tribal Accountability.-- - ``(1) In general.--In carrying out a construction project - under this title, an Indian Tribe shall assume responsibility - for the successful completion of the construction project and - of a facility that is usable for the purpose for which the - Indian Tribe received funding. - ``(2) Requirements.--For each construction project carried - out by an Indian Tribe under this title, the Indian Tribe and - the Secretary shall negotiate a provision to be included in the - funding agreement that identifies-- - ``(A) the approximate start and completion dates - for the project, which may extend over a period of one - or more years; - ``(B) a general description of the project, - including the scope of work, references to design - criteria, and other terms and conditions; - ``(C) the responsibilities of the Indian Tribe and - the Secretary for the project; - ``(D) how project-related environmental - considerations will be addressed; - ``(E) the amount of funds provided for the project; - ``(F) the obligations of the Indian Tribe to comply - with the codes referenced in subsection (d)(1) and - applicable Federal laws and regulations; - ``(G) the agreement of the parties over who will - bear any additional costs necessary to meet changes in - scope, or errors or omissions in design and - construction; and - ``(H) the agreement of the Secretary to issue a - certificate of occupancy, if requested by the Indian - Tribe, based upon the review and verification by the - Secretary, to the satisfaction of the Secretary, that - the Indian Tribe has secured upon completion the review - and approval of the plans and specifications, - sufficiency of design, life safety, and code compliance - by qualified, licensed, and independent architects and - engineers. + ``(1) In general.--In carrying out a construction project under + this title, an Indian Tribe shall assume responsibility for the + successful completion of the construction project and of a facility + that is usable for the purpose for which the Indian Tribe received + funding. + ``(2) Requirements.--For each construction project carried out + by an Indian Tribe under this title, the Indian Tribe and the + Secretary shall negotiate a provision to be included in the funding + agreement that identifies-- + ``(A) the approximate start and completion dates for the + project, which may extend over a period of one or more years; + ``(B) a general description of the project, including the + scope of work, references to design criteria, and other terms + and conditions; + ``(C) the responsibilities of the Indian Tribe and the + Secretary for the project; + ``(D) how project-related environmental considerations will + be addressed; + ``(E) the amount of funds provided for the project; + ``(F) the obligations of the Indian Tribe to comply with + the codes referenced in subsection (d)(1) and applicable + Federal laws and regulations; + ``(G) the agreement of the parties over who will bear any + additional costs necessary to meet changes in scope, or errors + or omissions in design and construction; and + ``(H) the agreement of the Secretary to issue a certificate + of occupancy, if requested by the Indian Tribe, based upon the + review and verification by the Secretary, to the satisfaction + of the Secretary, that the Indian Tribe has secured upon + completion the review and approval of the plans and + specifications, sufficiency of design, life safety, and code + compliance by qualified, licensed, and independent architects + and engineers. ``(f) Funding.-- - ``(1) In general.--Funding appropriated for construction - projects carried out under this title shall be included in - funding agreements as annual or semiannual advance payments at - the option of the Indian Tribe. - ``(2) Advance payments.--The Secretary shall include all - associated project contingency funds with each advance payment, - and the Indian Tribe shall be responsible for the management of - such contingency funds. + ``(1) In general.--Funding appropriated for construction + projects carried out under this title shall be included in funding + agreements as annual or semiannual advance payments at the option + of the Indian Tribe. + ``(2) Advance payments.--The Secretary shall include all + associated project contingency funds with each advance payment, and + the Indian Tribe shall be responsible for the management of such + contingency funds. ``(g) Negotiations.--At the option of the Indian Tribe, construction project funding proposals shall be negotiated pursuant to the statutory process in section 105, and any resulting construction project agreement shall be incorporated into the funding agreement as addenda. ``(h) Federal Review and Verification.-- - ``(1) In general.--On a schedule negotiated by the - Secretary and the Indian Tribe-- - ``(A) the Secretary shall review and verify, to the - satisfaction of the Secretary, that project planning - and design documents prepared by the Indian Tribe in - advance of initial construction are in conformity with - the obligations of the Indian Tribe under subsection - (d); and - ``(B) before the project planning and design - documents are implemented, the Secretary shall review - and verify to the satisfaction of the Secretary that - subsequent document amendments which result in a - significant change in construction are in conformity - with the obligations of the Indian Tribe under - subsection (d). - ``(2) Reports.--The Indian Tribe shall provide the - Secretary with project progress and financial reports not less - than semiannually. - ``(3) Oversight visits.--The Secretary may conduct onsite - project oversight visits semiannually or on an alternate - schedule agreed to by the Secretary and the Indian Tribe. + ``(1) In general.--On a schedule negotiated by the Secretary + and the Indian Tribe-- + ``(A) the Secretary shall review and verify, to the + satisfaction of the Secretary, that project planning and design + documents prepared by the Indian Tribe in advance of initial + construction are in conformity with the obligations of the + Indian Tribe under subsection (d); and + ``(B) before the project planning and design documents are + implemented, the Secretary shall review and verify to the + satisfaction of the Secretary that subsequent document + amendments which result in a significant change in construction + are in conformity with the obligations of the Indian Tribe + under subsection (d). + ``(2) Reports.--The Indian Tribe shall provide the Secretary + with project progress and financial reports not less than + semiannually. + ``(3) Oversight visits.--The Secretary may conduct onsite + project oversight visits semiannually or on an alternate schedule + agreed to by the Secretary and the Indian Tribe. ``(i) Application of Other Laws.--Unless otherwise agreed to by the Indian Tribe and except as otherwise provided in this Act, no provision of title 41, United States Code, the Federal Acquisition Regulation, or @@ -930,9 +844,7 @@ comparable to that provided for similar facilities funded by the Department as annual appropriations are available and to the extent that the facility size and complexity and other factors do not exceed the funding formula criteria for comparable buildings. - -``SEC. 408. PAYMENT. - + ``SEC. 408. PAYMENT. ``(a) In General.--At the request of the governing body of an Indian Tribe and under the terms of an applicable funding agreement, the Secretary shall provide funding to the Indian Tribe to carry out @@ -941,38 +853,36 @@ the funding agreement. funding agreement shall provide for an advance annual payment to an Indian Tribe. ``(c) Amount.-- - ``(1) In general.--Subject to subsection (e) and sections - 403 and 405, the Secretary shall provide funds to the Indian - Tribe under a funding agreement for programs in an amount that - is equal to the amount that the Indian Tribe would have been - entitled to receive under contracts and grants under this Act - (including amounts for direct program and contract support - costs and, in addition, any funds that are specifically or - functionally related to the provision by the Secretary of - services and benefits to the Indian Tribe or its members) - without regard to the organization level within the Department - at which the programs are carried out. - ``(2) Savings clause.--Nothing in this section reduces - programs, services, or funds of, or provided to, another Indian - Tribe. + ``(1) In general.--Subject to subsection (e) and sections 403 + and 405, the Secretary shall provide funds to the Indian Tribe + under a funding agreement for programs in an amount that is equal + to the amount that the Indian Tribe would have been entitled to + receive under contracts and grants under this Act (including + amounts for direct program and contract support costs and, in + addition, any funds that are specifically or functionally related + to the provision by the Secretary of services and benefits to the + Indian Tribe or its members) without regard to the organization + level within the Department at which the programs are carried out. + ``(2) Savings clause.--Nothing in this section reduces + programs, services, or funds of, or provided to, another Indian + Tribe. ``(d) Timing.-- - ``(1) In general.--Pursuant to the terms of any compact or - funding agreement entered into under this title, the Secretary - shall transfer to the Indian Tribe all funds provided for in - the funding agreement, pursuant to subsection (c), and provide - funding for periods covered by joint resolution adopted by - Congress making continuing appropriations, to the extent - permitted by such resolution. - ``(2) Transfers.--Not later than 1 year after the date of - enactment of the PROGRESS for Indian Tribes Act, in any - instance in which a funding agreement requires an annual - transfer of funding to be made at the beginning of a fiscal - year or requires semiannual or other periodic transfers of - funding to be made commencing at the beginning of a fiscal - year, the first such transfer shall be made not later than 10 - days after the apportionment of such funds by the Office of - Management and Budget to the Department, unless the funding - agreement provides otherwise. + ``(1) In general.--Pursuant to the terms of any compact or + funding agreement entered into under this title, the Secretary + shall transfer to the Indian Tribe all funds provided for in the + funding agreement, pursuant to subsection (c), and provide funding + for periods covered by joint resolution adopted by Congress making + continuing appropriations, to the extent permitted by such + resolution. + ``(2) Transfers.--Not later than 1 year after the date of + enactment of the PROGRESS for Indian Tribes Act, in any instance in + which a funding agreement requires an annual transfer of funding to + be made at the beginning of a fiscal year or requires semiannual or + other periodic transfers of funding to be made commencing at the + beginning of a fiscal year, the first such transfer shall be made + not later than 10 days after the apportionment of such funds by the + Office of Management and Budget to the Department, unless the + funding agreement provides otherwise. ``(e) Availability.--Funds for trust services to individual Indians shall be available under a funding agreement only to the extent that the same services that would have been provided by the Secretary are @@ -981,41 +891,37 @@ provided to individual Indians by the Indian Tribe. multiyear funding. ``(g) Limitations on Authority of the Secretary.--The Secretary shall not-- - ``(1) fail to transfer to an Indian Tribe its full share of - any central, headquarters, regional, area, or service unit - office or other funds due under this title for programs - eligible under paragraph (1) or (2) of section 403(b), except - as required by Federal law; - ``(2) withhold any portion of such funds for transfer over - a period of years; or - ``(3) reduce the amount of funds required under this - title-- - ``(A) to make funding available for self-governance - monitoring or administration by the Secretary; - ``(B) in subsequent years, except as necessary as a - result of-- - ``(i) a reduction in appropriations from - the previous fiscal year for the program to be - included in a compact or funding agreement; - ``(ii) a congressional directive in - legislation or an accompanying report; - ``(iii) a Tribal authorization; - ``(iv) a change in the amount of pass- - through funds subject to the terms of the - funding agreement; or - ``(v) completion of an activity under a - program for which the funds were provided; - ``(C) to pay for Federal functions, including-- - ``(i) Federal pay costs; - ``(ii) Federal employee retirement - benefits; - ``(iii) automated data processing; - ``(iv) technical assistance; and - ``(v) monitoring of activities under this - title; or - ``(D) to pay for costs of Federal personnel - displaced by self-determination contracts under this - Act or self-governance under this title. + ``(1) fail to transfer to an Indian Tribe its full share of any + central, headquarters, regional, area, or service unit office or + other funds due under this title for programs eligible under + paragraph (1) or (2) of section 403(b), except as required by + Federal law; + ``(2) withhold any portion of such funds for transfer over a + period of years; or + ``(3) reduce the amount of funds required under this title-- + ``(A) to make funding available for self-governance + monitoring or administration by the Secretary; + ``(B) in subsequent years, except as necessary as a result + of-- + ``(i) a reduction in appropriations from the previous + fiscal year for the program to be included in a compact or + funding agreement; + ``(ii) a congressional directive in legislation or an + accompanying report; + ``(iii) a Tribal authorization; + ``(iv) a change in the amount of pass-through funds + subject to the terms of the funding agreement; or + ``(v) completion of an activity under a program for + which the funds were provided; + ``(C) to pay for Federal functions, including-- + ``(i) Federal pay costs; + ``(ii) Federal employee retirement benefits; + ``(iii) automated data processing; + ``(iv) technical assistance; and + ``(v) monitoring of activities under this title; or + ``(D) to pay for costs of Federal personnel displaced by + self-determination contracts under this Act or self-governance + under this title. ``(h) Federal Resources.--If an Indian Tribe elects to carry out a compact or funding agreement with the use of Federal personnel, Federal supplies (including supplies available from Federal warehouse @@ -1031,48 +937,47 @@ under this title. Code, shall apply to the transfer of funds due under a compact or funding agreement authorized under this title. ``(j) Interest or Other Income.-- - ``(1) In general.--An Indian Tribe may retain interest or - income earned on any funds paid under a compact or funding - agreement to carry out governmental purposes. - ``(2) No effect on other amounts.--The retention of - interest or income under paragraph (1) shall not diminish the - amount of funds an Indian Tribe is entitled to receive under a - funding agreement in the year the interest or income is earned - or in any subsequent fiscal year. - ``(3) Investment standard.--Funds transferred under this - title shall be managed by the Indian Tribe using the prudent - investment standard, provided that the Secretary shall not be - liable for any investment losses of funds managed by the Indian - Tribe that are not otherwise guaranteed or insured by the - Federal Government. + ``(1) In general.--An Indian Tribe may retain interest or + income earned on any funds paid under a compact or funding + agreement to carry out governmental purposes. + ``(2) No effect on other amounts.--The retention of interest or + income under paragraph (1) shall not diminish the amount of funds + an Indian Tribe is entitled to receive under a funding agreement in + the year the interest or income is earned or in any subsequent + fiscal year. + ``(3) Investment standard.--Funds transferred under this title + shall be managed by the Indian Tribe using the prudent investment + standard, provided that the Secretary shall not be liable for any + investment losses of funds managed by the Indian Tribe that are not + otherwise guaranteed or insured by the Federal Government. ``(k) Carryover of Funds.-- - ``(1) In general.--Notwithstanding any provision of an - appropriations Act, all funds paid to an Indian Tribe in - accordance with a compact or funding agreement shall remain - available until expended. - ``(2) Effect of carryover.--If an Indian Tribe elects to - carry over funding from one year to the next, the carryover - shall not diminish the amount of funds the Indian Tribe is - entitled to receive under a funding agreement in that fiscal - year or any subsequent fiscal year. + ``(1) In general.--Notwithstanding any provision of an + appropriations Act, all funds paid to an Indian Tribe in accordance + with a compact or funding agreement shall remain available until + expended. + ``(2) Effect of carryover.--If an Indian Tribe elects to carry + over funding from one year to the next, the carryover shall not + diminish the amount of funds the Indian Tribe is entitled to + receive under a funding agreement in that fiscal year or any + subsequent fiscal year. ``(l) Limitation of Costs.-- - ``(1) In general.--An Indian Tribe shall not be obligated - to continue performance that requires an expenditure of funds - in excess of the amount of funds transferred under a compact or - funding agreement. - ``(2) Notice of insufficiency.--If at any time the Indian - Tribe has reason to believe that the total amount provided for - a specific activity under a compact or funding agreement is - insufficient, the Indian Tribe shall provide reasonable notice - of such insufficiency to the Secretary. - ``(3) Suspension of performance.--If, after notice under - paragraph (2), the Secretary does not increase the amount of - funds transferred under the funding agreement, the Indian Tribe - may suspend performance of the activity until such time as - additional funds are transferred. - ``(4) Savings clause.--Nothing in this section reduces any - programs, services, or funds of, or provided to, another Indian - Tribe. + ``(1) In general.--An Indian Tribe shall not be obligated to + continue performance that requires an expenditure of funds in + excess of the amount of funds transferred under a compact or + funding agreement. + ``(2) Notice of insufficiency.--If at any time the Indian Tribe + has reason to believe that the total amount provided for a specific + activity under a compact or funding agreement is insufficient, the + Indian Tribe shall provide reasonable notice of such insufficiency + to the Secretary. + ``(3) Suspension of performance.--If, after notice under + paragraph (2), the Secretary does not increase the amount of funds + transferred under the funding agreement, the Indian Tribe may + suspend performance of the activity until such time as additional + funds are transferred. + ``(4) Savings clause.--Nothing in this section reduces any + programs, services, or funds of, or provided to, another Indian + Tribe. ``(m) Distribution of Funds.--The Office of Self-Governance shall be responsible for distribution of all Bureau of Indian Affairs funds provided under this title unless otherwise agreed by the parties to an @@ -1080,50 +985,45 @@ applicable funding agreement. ``(n) Applicability.--Notwithstanding any other provision of this section, section 101(a) of the PROGRESS for Indian Tribes Act applies to subsections (a) through (m). - -``SEC. 409. FACILITATION. - + ``SEC. 409. FACILITATION. ``(a) In General.--Except as otherwise provided by law (including section 101(a) of the PROGRESS for Indian Tribes Act), the Secretary shall interpret each Federal law and regulation in a manner that facilitates-- - ``(1) the inclusion of programs in funding agreements; and - ``(2) the implementation of funding agreements. + ``(1) the inclusion of programs in funding agreements; and + ``(2) the implementation of funding agreements. ``(b) Regulation Waiver.-- - ``(1) Request.--An Indian Tribe may submit to the Secretary - a written request for a waiver of applicability of a Federal - regulation, including-- - ``(A) an identification of the specific text in the - regulation sought to be waived; and - ``(B) the basis for the request. - ``(2) Determination by the secretary.--Not later than 120 - days after receipt by the Secretary and the designated - officials under paragraph (4) of a request under paragraph (1), - the Secretary shall approve or deny the requested waiver in - writing to the Indian Tribe. - ``(3) Extensions.--The deadline described in paragraph (2) - may be extended for any length of time, as agreed upon by both - the Indian Tribe and the Secretary. - ``(4) Designated officials.--The Secretary shall designate - one or more appropriate officials in the Department to receive - a copy of the waiver request described in paragraph (1). - ``(5) Grounds for denial.--The Secretary may deny a request - under paragraph (1) upon a specific finding by the Secretary - that the identified text in the regulation may not be waived - because such a waiver is prohibited by Federal law. - ``(6) Failure to make determination.--If the Secretary - fails to make a determination with respect to a waiver request - within the period specified in paragraph (2) (including any - extension agreed to under paragraph (3)), the Secretary shall - be deemed to have agreed to the request, except that for a - waiver request relating to programs eligible under section - 403(b)(2) or section 403(c), the Secretary shall be deemed to - have denied the request. - ``(7) Finality.--A decision of the Secretary under this - section shall be final for the Department. - -``SEC. 410. DISCRETIONARY APPLICATION OF OTHER SECTIONS. - + ``(1) Request.--An Indian Tribe may submit to the Secretary a + written request for a waiver of applicability of a Federal + regulation, including-- + ``(A) an identification of the specific text in the + regulation sought to be waived; and + ``(B) the basis for the request. + ``(2) Determination by the secretary.--Not later than 120 days + after receipt by the Secretary and the designated officials under + paragraph (4) of a request under paragraph (1), the Secretary shall + approve or deny the requested waiver in writing to the Indian + Tribe. + ``(3) Extensions.--The deadline described in paragraph (2) may + be extended for any length of time, as agreed upon by both the + Indian Tribe and the Secretary. + ``(4) Designated officials.--The Secretary shall designate one + or more appropriate officials in the Department to receive a copy + of the waiver request described in paragraph (1). + ``(5) Grounds for denial.--The Secretary may deny a request + under paragraph (1) upon a specific finding by the Secretary that + the identified text in the regulation may not be waived because + such a waiver is prohibited by Federal law. + ``(6) Failure to make determination.--If the Secretary fails to + make a determination with respect to a waiver request within the + period specified in paragraph (2) (including any extension agreed + to under paragraph (3)), the Secretary shall be deemed to have + agreed to the request, except that for a waiver request relating to + programs eligible under section 403(b)(2) or section 403(c), the + Secretary shall be deemed to have denied the request. + ``(7) Finality.--A decision of the Secretary under this section + shall be final for the Department. + ``SEC. 410. DISCRETIONARY APPLICATION OF OTHER SECTIONS. ``(a) In General.--Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe or Indian Tribes, any of the provisions of title I may be @@ -1132,189 +1032,169 @@ inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act. ``(b) Effect.--Each incorporated provision under subsection (a) shall-- - ``(1) have the same force and effect as if set out in full - in this title; - ``(2) supplement or replace any related provision in this - title; and - ``(3) apply to any agency otherwise governed by this title. + ``(1) have the same force and effect as if set out in full in + this title; + ``(2) supplement or replace any related provision in this + title; and + ``(3) apply to any agency otherwise governed by this title. ``(c) Effective Date.--If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall-- - ``(1) be effective immediately; and - ``(2) control the negotiation and resulting compact and - funding agreement. - -``SEC. 411. ANNUAL BUDGET LIST. - + ``(1) be effective immediately; and + ``(2) control the negotiation and resulting compact and funding + agreement. + ``SEC. 411. ANNUAL BUDGET LIST. ``The Secretary shall list, in the annual budget request submitted to Congress under section 1105 of title 31, United States Code, any funds proposed to be included in funding agreements authorized under this title. - -``SEC. 412. REPORTS. - + ``SEC. 412. REPORTS. ``(a) In General.-- - ``(1) Requirement.--On January 1 of each year, the - Secretary shall submit to Congress a report regarding the - administration of this title. - ``(2) Analysis.--Any Indian Tribe may submit to the Office - of Self-Governance and to the appropriate committees of - Congress a detailed annual analysis of unmet Tribal needs for - funding agreements under this title. + ``(1) Requirement.--On January 1 of each year, the Secretary + shall submit to Congress a report regarding the administration of + this title. + ``(2) Analysis.--Any Indian Tribe may submit to the Office of + Self-Governance and to the appropriate committees of Congress a + detailed annual analysis of unmet Tribal needs for funding + agreements under this title. ``(b) Contents.--The report under subsection (a)(1) shall-- - ``(1) be compiled from information contained in funding - agreements, annual audit reports, and data of the Secretary - regarding the disposition of Federal funds; - ``(2) identify-- - ``(A) the relative costs and benefits of self- - governance; - ``(B) with particularity, all funds that are - specifically or functionally related to the provision - by the Secretary of services and benefits to self- - governance Indian Tribes and members of Indian Tribes; - ``(C) the funds transferred to each Indian Tribe - and the corresponding reduction in the Federal - employees and workload; and - ``(D) the funding formula for individual Tribal - shares of all Central Office funds, together with the - comments of affected Indian Tribes, developed under - subsection (d); - ``(3) before being submitted to Congress, be distributed to - the Indian Tribes for comment (with a comment period of not - less than 30 days); - ``(4) include the separate views and comments of each - Indian Tribe or Tribal organization; and - ``(5) include a list of-- - ``(A) all such programs that the Secretary - determines, in consultation with Indian Tribes - participating in self-governance, are eligible for - negotiation to be included in a funding agreement at - the request of a participating Indian Tribe; and - ``(B) all such programs which Indian Tribes have - formally requested to include in a funding agreement - under section 403(c) due to the special geographic, - historical, or cultural significance of the program to - the Indian Tribe, indicating whether each request was - granted or denied, and stating the grounds for any - denial. + ``(1) be compiled from information contained in funding + agreements, annual audit reports, and data of the Secretary + regarding the disposition of Federal funds; + ``(2) identify-- + ``(A) the relative costs and benefits of self-governance; + ``(B) with particularity, all funds that are specifically + or functionally related to the provision by the Secretary of + services and benefits to self-governance Indian Tribes and + members of Indian Tribes; + ``(C) the funds transferred to each Indian Tribe and the + corresponding reduction in the Federal employees and workload; + and + ``(D) the funding formula for individual Tribal shares of + all Central Office funds, together with the comments of + affected Indian Tribes, developed under subsection (d); + ``(3) before being submitted to Congress, be distributed to the + Indian Tribes for comment (with a comment period of not less than + 30 days); + ``(4) include the separate views and comments of each Indian + Tribe or Tribal organization; and + ``(5) include a list of-- + ``(A) all such programs that the Secretary determines, in + consultation with Indian Tribes participating in self- + governance, are eligible for negotiation to be included in a + funding agreement at the request of a participating Indian + Tribe; and + ``(B) all such programs which Indian Tribes have formally + requested to include in a funding agreement under section + 403(c) due to the special geographic, historical, or cultural + significance of the program to the Indian Tribe, indicating + whether each request was granted or denied, and stating the + grounds for any denial. ``(c) Report on Non-BIA Programs.-- - ``(1) In general.--In order to optimize opportunities for - including non-BIA programs in agreements with Indian Tribes - participating in self-governance under this title, the - Secretary shall review all programs administered by the - Department, other than through the Bureau of Indian Affairs, - the Office of the Assistant Secretary for Indian Affairs, or - the Office of the Special Trustee for American Indians, without - regard to the agency or office concerned. - ``(2) Programmatic targets.--The Secretary shall establish - programmatic targets, after consultation with Indian Tribes - participating in self-governance, to encourage bureaus of the - Department to ensure that an appropriate portion of those - programs are available to be included in funding agreements. - ``(3) Publication.--The lists under subsection (b)(5) and - targets under paragraph (2) shall be published in the Federal - Register and made available to any Indian Tribe participating - in self-governance. - ``(4) Annual review.-- - ``(A) In general.--The Secretary shall annually - review and publish in the Federal Register, after - consultation with Indian Tribes participating in self- - governance, revised lists and programmatic targets. - ``(B) Contents.--In preparing the revised lists and - programmatic targets, the Secretary shall consider all - programs that were eligible for contracting in the - original list published in the Federal Register in - 1995, except for programs specifically determined not - to be contractible as a matter of law. + ``(1) In general.--In order to optimize opportunities for + including non-BIA programs in agreements with Indian Tribes + participating in self-governance under this title, the Secretary + shall review all programs administered by the Department, other + than through the Bureau of Indian Affairs, the Office of the + Assistant Secretary for Indian Affairs, or the Office of the + Special Trustee for American Indians, without regard to the agency + or office concerned. + ``(2) Programmatic targets.--The Secretary shall establish + programmatic targets, after consultation with Indian Tribes + participating in self-governance, to encourage bureaus of the + Department to ensure that an appropriate portion of those programs + are available to be included in funding agreements. + ``(3) Publication.--The lists under subsection (b)(5) and + targets under paragraph (2) shall be published in the Federal + Register and made available to any Indian Tribe participating in + self-governance. + ``(4) Annual review.-- + ``(A) In general.--The Secretary shall annually review and + publish in the Federal Register, after consultation with Indian + Tribes participating in self-governance, revised lists and + programmatic targets. + ``(B) Contents.--In preparing the revised lists and + programmatic targets, the Secretary shall consider all programs + that were eligible for contracting in the original list + published in the Federal Register in 1995, except for programs + specifically determined not to be contractible as a matter of + law. ``(d) Report on Central Office Funds.--Not later than January 1, 2020, the Secretary shall, in consultation with Indian Tribes, develop a funding formula to determine the individual Tribal share of funds controlled by the Central Office of the Bureau of Indian Affairs and the Office of the Special Trustee for inclusion in the compacts. - -``SEC. 413. REGULATIONS. - + ``SEC. 413. REGULATIONS. ``(a) In General.-- - ``(1) Promulgation.--Not later than 90 days after the date - of enactment of the PROGRESS for Indian Tribes Act, the - Secretary shall initiate procedures under subchapter III of - chapter 5 of title 5, United States Code, to negotiate and - promulgate such regulations as are necessary to carry out this - title. - ``(2) Publication of proposed regulations.--Proposed - regulations to implement this title shall be published in the - Federal Register not later than 21 months after the date of - enactment of the PROGRESS for Indian Tribes Act. - ``(3) Expiration of authority.--The authority to promulgate - regulations under paragraph (1) shall expire on the date that - is 30 months after the date of enactment of the PROGRESS for - Indian Tribes Act. + ``(1) Promulgation.--Not later than 90 days after the date of + enactment of the PROGRESS for Indian Tribes Act, the Secretary + shall initiate procedures under subchapter III of chapter 5 of + title 5, United States Code, to negotiate and promulgate such + regulations as are necessary to carry out this title. + ``(2) Publication of proposed regulations.--Proposed + regulations to implement this title shall be published in the + Federal Register not later than 21 months after the date of + enactment of the PROGRESS for Indian Tribes Act. + ``(3) Expiration of authority.--The authority to promulgate + regulations under paragraph (1) shall expire on the date that is 30 + months after the date of enactment of the PROGRESS for Indian + Tribes Act. ``(b) Committee.-- - ``(1) Membership.--A negotiated rulemaking committee - established pursuant to section 565 of title 5, United States - Code, to carry out this section shall have as its members only - representatives of the Federal Government and Tribal - government. - ``(2) Lead agency.--Among the Federal representatives - described in paragraph (1), the Office of Self-Governance shall - be the lead agency for the Department. + ``(1) Membership.--A negotiated rulemaking committee + established pursuant to section 565 of title 5, United States Code, + to carry out this section shall have as its members only + representatives of the Federal Government and Tribal government. + ``(2) Lead agency.--Among the Federal representatives described + in paragraph (1), the Office of Self-Governance shall be the lead + agency for the Department. ``(c) Adaptation of Procedures.--The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self- governance and the government-to-government relationship between the United States and Indian Tribes. ``(d) Effect.-- - ``(1) Repeal.--The Secretary may repeal any regulation that - is inconsistent with this Act. - ``(2) Conflicting provisions.--Subject to section 101(a) of - the PROGRESS for Indian Tribes Act and except with respect to - programs described under section 403(c), this title shall - supersede any conflicting provision of law (including any - conflicting regulations). - ``(3) Effectiveness without regard to regulations.--The - lack of promulgated regulations on an issue shall not limit the - effect or implementation of this title. - -``SEC. 414. EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, AND - RULES. - + ``(1) Repeal.--The Secretary may repeal any regulation that is + inconsistent with this Act. + ``(2) Conflicting provisions.--Subject to section 101(a) of the + PROGRESS for Indian Tribes Act and except with respect to programs + described under section 403(c), this title shall supersede any + conflicting provision of law (including any conflicting + regulations). + ``(3) Effectiveness without regard to regulations.--The lack of + promulgated regulations on an issue shall not limit the effect or + implementation of this title. + ``SEC. 414. EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, AND + RULES. ``Unless expressly agreed to by a participating Indian Tribe in a compact or funding agreement, the participating Indian Tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except for-- - ``(1) the eligibility provisions of section 105(g); and - ``(2) regulations promulgated pursuant to section 413. - -``SEC. 415. APPEALS. - + ``(1) the eligibility provisions of section 105(g); and + ``(2) regulations promulgated pursuant to section 413. + ``SEC. 415. APPEALS. ``Except as provided in section 406(d), in any administrative action, appeal, or civil action for judicial review of any decision made by the Secretary under this title, the Secretary shall have the burden of proof of demonstrating by a preponderance of the evidence-- - ``(1) the validity of the grounds for the decision; and - ``(2) the consistency of the decision with the requirements - and policies of this title. - -``SEC. 416. APPLICATION OF OTHER PROVISIONS. - + ``(1) the validity of the grounds for the decision; and + ``(2) the consistency of the decision with the requirements and + policies of this title. + ``SEC. 416. APPLICATION OF OTHER PROVISIONS. ``Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101-512; 104 Stat. 1959), shall apply to compacts and funding agreements entered into under this title. - -``SEC. 417. AUTHORIZATION OF APPROPRIATIONS. - + ``SEC. 417. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as may be necessary to carry out this title.''. TITLE II--INDIAN SELF-DETERMINATION -SEC. 201. DEFINITIONS; REPORTING AND AUDIT REQUIREMENTS; APPLICATION OF - PROVISIONS. - + SEC. 201. DEFINITIONS; REPORTING AND AUDIT REQUIREMENTS; + APPLICATION OF PROVISIONS. (a) Definitions.-- - (1) In general.--Section 4 of the Indian Self-Determination - and Education Assistance Act (25 U.S.C. 5304) is amended by - striking subsection (j) and inserting the following: + (1) In general.--Section 4 of the Indian Self-Determination and + Education Assistance Act (25 U.S.C. 5304) is amended by striking + subsection (j) and inserting the following: ``(j) `self-determination contract' means a contract entered into under title I (or a grant or cooperative agreement used under section 9) between a Tribal organization and the appropriate Secretary for the @@ -1323,34 +1203,32 @@ otherwise provided to Indian Tribes and members of Indian Tribes pursuant to Federal law, subject to the condition that, except as provided in section 105(a)(3), no contract entered into under title I (or grant or cooperative agreement used under section 9) shall be-- - ``(1) considered to be a procurement contract; or - ``(2) except as provided in section 107(a)(1), subject to - any Federal procurement law (including regulations);''. - (2) Technical amendments.--Section 4 of the Indian Self- - Determination and Education Assistance Act (25 U.S.C. 5304), as - amended by paragraph (1), is further amended-- - (A) in subsection (e), by striking ```Indian tribe' - means'' and inserting ```Indian tribe' or `Indian - Tribe' means''; and - (B) in subsection (l), by striking ```tribal - organization' means'' and inserting ```Tribal - organization' or `tribal organization' means''. + ``(1) considered to be a procurement contract; or + ``(2) except as provided in section 107(a)(1), subject to any + Federal procurement law (including regulations);''. + (2) Technical amendments.--Section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5304), as + amended by paragraph (1), is further amended-- + (A) in subsection (e), by striking ```Indian tribe' means'' + and inserting ```Indian tribe' or `Indian Tribe' means''; and + (B) in subsection (l), by striking ```tribal organization' + means'' and inserting ```Tribal organization' or `tribal + organization' means''. (b) Reporting and Audit Requirements.--Section 5 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5305) is amended-- - (1) in subsection (b)-- - (A) by striking ``after completion of the project - or undertaking referred to in the preceding subsection - of this section'' and inserting ``after the retention - period for the report that is submitted to the - Secretary under subsection (a)''; and - (B) by adding at the end the following: ``The - retention period shall be defined in regulations - promulgated by the Secretary pursuant to section - 413.''; and - (2) in subsection (f)(1), by inserting ``if the Indian - Tribal organization expends $500,000 or more in Federal awards - during such fiscal year'' after ``under this Act,''. + (1) in subsection (b)-- + (A) by striking ``after completion of the project or + undertaking referred to in the preceding subsection of this + section'' and inserting ``after the retention period for the + report that is submitted to the Secretary under subsection + (a)''; and + (B) by adding at the end the following: ``The retention + period shall be defined in regulations promulgated by the + Secretary pursuant to section 413.''; and + (2) in subsection (f)(1), by inserting ``if the Indian Tribal + organization expends $500,000 or more in Federal awards during such + fiscal year'' after ``under this Act,''. (c) Effective Date.--The amendment made by subsection (b)(2) shall not take effect until 14 months after the date of enactment of this Act. @@ -1362,54 +1240,48 @@ the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101-512; 104 Stat. 1959), apply to compacts and funding agreements entered into under title IV of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5361 et seq.). - -SEC. 202. CONTRACTS BY SECRETARY OF THE INTERIOR. - + SEC. 202. CONTRACTS BY SECRETARY OF THE INTERIOR. Section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5321) is amended-- - (1) in subsection (c)(2), by striking ``economic - enterprises'' and all that follows through ``except that'' and - inserting ``economic enterprises (as defined in section 3 of - the Indian Financing Act of 1974 (25 U.S.C. 1452)), except - that''; and - (2) by adding at the end the following: + (1) in subsection (c)(2), by striking ``economic enterprises'' + and all that follows through ``except that'' and inserting + ``economic enterprises (as defined in section 3 of the Indian + Financing Act of 1974 (25 U.S.C. 1452)), except that''; and + (2) by adding at the end the following: ``(f) Good Faith Requirement.--In the negotiation of contracts and funding agreements, the Secretary shall-- - ``(1) at all times negotiate in good faith to maximize - implementation of the self-determination policy; and - ``(2) carry out this Act in a manner that maximizes the - policy of Tribal self-determination, in a manner consistent - with-- - ``(A) the purposes specified in section 3; and - ``(B) the PROGRESS for Indian Tribes Act. + ``(1) at all times negotiate in good faith to maximize + implementation of the self-determination policy; and + ``(2) carry out this Act in a manner that maximizes the policy + of Tribal self-determination, in a manner consistent with-- + ``(A) the purposes specified in section 3; and + ``(B) the PROGRESS for Indian Tribes Act. ``(g) Rule of Construction.--Subject to section 101(a) of the PROGRESS for Indian Tribes Act, each provision of this Act and each provision of a contract or funding agreement shall be liberally construed for the benefit of the Indian Tribe participating in self- determination, and any ambiguity shall be resolved in favor of the Indian Tribe.''. - -SEC. 203. ADMINISTRATIVE PROVISIONS. - + SEC. 203. ADMINISTRATIVE PROVISIONS. Section 105 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324) is amended-- - (1) in subsection (b), in the first sentence, by striking - ``pursuant to'' and all that follows through ``of this Act'' - and inserting ``pursuant to sections 102 and 103''; and - (2) by adding at the end the following: + (1) in subsection (b), in the first sentence, by striking + ``pursuant to'' and all that follows through ``of this Act'' and + inserting ``pursuant to sections 102 and 103''; and + (2) by adding at the end the following: ``(p) Interpretation by Secretary.--Except as otherwise provided by law, the Secretary shall interpret all Federal laws (including regulations) and Executive orders in a manner that facilitates, to the maximum extent practicable-- - ``(1) the inclusion in self-determination contracts and - funding agreements of-- - ``(A) applicable programs, services, functions, and - activities (or portions thereof); and - ``(B) funds associated with those programs, - services, functions, and activities; - ``(2) the implementation of self-determination contracts - and funding agreements; and - ``(3) the achievement of Tribal health objectives. + ``(1) the inclusion in self-determination contracts and funding + agreements of-- + ``(A) applicable programs, services, functions, and + activities (or portions thereof); and + ``(B) funds associated with those programs, services, + functions, and activities; + ``(2) the implementation of self-determination contracts and + funding agreements; and + ``(3) the achievement of Tribal health objectives. ``(q)(1) Technical Assistance for Internal Controls.--In considering proposals for, amendments to, or in the course of, a contract under this title and compacts under titles IV and V of this @@ -1432,63 +1304,41 @@ the technical assistance provided, and a description of Secretarial actions taken to address any remaining inadequate internal controls after the provision of technical assistance and implementation of the plan required by paragraph (1).''. - -SEC. 204. CONTRACT FUNDING AND INDIRECT COSTS. - + SEC. 204. CONTRACT FUNDING AND INDIRECT COSTS. Section 106(a)(3) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325(a)(3)) is amended-- - (1) in subparagraph (A)-- - (A) in clause (i), by striking ``, and'' and - inserting ``; and''; and - (B) in clause (ii), by striking ``expense related - to the overhead incurred'' and inserting ``expense - incurred by the governing body of the Indian Tribe or - Tribal organization and any overhead expense - incurred''; - (2) by redesignating subparagraph (B) as subparagraph (C); - and - (3) by inserting after subparagraph (A) the following: - ``(B) In calculating the reimbursement rate for - expenses described in subparagraph (A)(ii), not less - than 50 percent of the expenses described in - subparagraph (A)(ii) that are incurred by the governing - body of an Indian Tribe or Tribal organization relating - to a Federal program, function, service, or activity - carried out pursuant to the contract shall be - considered to be reasonable and allowable.''. - -SEC. 205. CONTRACT OR GRANT SPECIFICATIONS. - + (1) in subparagraph (A)-- + (A) in clause (i), by striking ``, and'' and inserting ``; + and''; and + (B) in clause (ii), by striking ``expense related to the + overhead incurred'' and inserting ``expense incurred by the + governing body of the Indian Tribe or Tribal organization and + any overhead expense incurred''; + (2) by redesignating subparagraph (B) as subparagraph (C); and + (3) by inserting after subparagraph (A) the following: + ``(B) In calculating the reimbursement rate for expenses + described in subparagraph (A)(ii), not less than 50 percent of + the expenses described in subparagraph (A)(ii) that are + incurred by the governing body of an Indian Tribe or Tribal + organization relating to a Federal program, function, service, + or activity carried out pursuant to the contract shall be + considered to be reasonable and allowable.''. + SEC. 205. CONTRACT OR GRANT SPECIFICATIONS. Section 108 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5329) is amended-- - (1) in subsection (a)(2), by inserting ``subject to - subsections (a) and (b) of section 102,'' before ``contain''; - (2) in subsection (f)(2)(A)(ii) of the model agreement - contained in subsection (c), by inserting ``subject to - subsections (a) and (b) of section 102 of the Indian Self- - Determination and Education Assistance Act (25 U.S.C. 5321),'' - before ``such other provisions''; and - (3) in subsection (b)(7)(C) of the model agreement - contained in subsection (c), in the second sentence of the - matter preceding clause (i), by striking ``one performance - monitoring visit'' and inserting ``two performance monitoring - visits''. - - Passed the Senate June 27, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 209 - -_______________________________________________________________________ - - AN ACT - -To amend the Indian Self-Determination and Education Assistance Act to - provide further self-governance by Indian Tribes, and for other - purposes. + (1) in subsection (a)(2), by inserting ``subject to subsections + (a) and (b) of section 102,'' before ``contain''; + (2) in subsection (f)(2)(A)(ii) of the model agreement + contained in subsection (c), by inserting ``subject to subsections + (a) and (b) of section 102 of the Indian Self-Determination and + Education Assistance Act (25 U.S.C. 5321),'' before ``such other + provisions''; and + (3) in subsection (b)(7)(C) of the model agreement contained in + subsection (c), in the second sentence of the matter preceding + clause (i), by striking ``one performance monitoring visit'' and + inserting ``two performance monitoring visits''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 5d3fa08b965cbc3c6b21061bd741c082b246aa57 Mon Sep 17 00:00:00 2001 From: "Sen. Hoeven, John [R-ND]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 691/984] Senate-212: Introduced to Senate --- bills_text/Senate-212.txt | 518 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 518 insertions(+) create mode 100644 bills_text/Senate-212.txt diff --git a/bills_text/Senate-212.txt b/bills_text/Senate-212.txt new file mode 100644 index 0000000..ef634a1 --- /dev/null +++ b/bills_text/Senate-212.txt @@ -0,0 +1,518 @@ +116th CONGRESS + 1st Session + S. 212 + +To amend the Native American Business Development, Trade Promotion, and + Tourism Act of 2000, the Buy Indian Act, and the Native American + Programs Act of 1974 to provide industry and economic development + opportunities to Indian communities. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 24, 2019 + + Mr. Hoeven introduced the following bill; which was read twice and + referred to the Committee on Indian Affairs + +_______________________________________________________________________ + + A BILL + + + +To amend the Native American Business Development, Trade Promotion, and + Tourism Act of 2000, the Buy Indian Act, and the Native American + Programs Act of 1974 to provide industry and economic development + opportunities to Indian communities. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Indian Community Economic +Enhancement Act of 2019''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1)(A) to bring industry and economic development to Indian + communities, Indian Tribes must overcome a number of barriers, + including-- + (i) geographical location; + (ii) lack of infrastructure or capacity; + (iii) lack of sufficient collateral and capital; + and + (iv) regulatory bureaucracy relating to-- + (I) development; and + (II) access to services provided by the + Federal Government; and + (B) the barriers described in subparagraph (A) often add to + the cost of doing business in Indian communities; + (2) Indian Tribes-- + (A) enact laws and exercise sovereign governmental + powers; + (B) determine policy for the benefit of Tribal + members; and + (C) produce goods and services for consumers; + (3) the Federal Government has-- + (A) an important government-to-government + relationship with Indian Tribes; and + (B) a role in facilitating healthy and sustainable + Tribal economies; + (4) the input of Indian Tribes in developing Federal policy + and programs leads to more meaningful and effective measures to + assist Indian Tribes and Indian entrepreneurs in building + Tribal economies; + (5)(A) many components of Tribal infrastructure need + significant repair or replacement; and + (B) access to private capital for projects in Indian + communities-- + (i) may not be available; or + (ii) may come at a higher cost than such access for + other projects; + (6)(A) Federal capital improvement programs, such as those + that facilitate tax-exempt bond financing and loan guarantees, + are tools that help improve or replace crumbling + infrastructure; + (B) lack of parity in treatment of an Indian Tribe as a + governmental entity under Federal tax and certain other + regulatory laws impedes, in part, the ability of Indian Tribes + to raise capital through issuance of tax exempt debt, invest as + an accredited investor, and benefit from other investment + incentives accorded to State and local governmental entities; + and + (C) as a result of the disparity in treatment of Indian + Tribes described in subparagraph (B), investors may avoid + financing, or demand a premium to finance, projects in Indian + communities, making the projects more costly or inaccessible; + (7) there are a number of Federal loan guarantee programs + available to facilitate financing of business, energy, + economic, housing, and community development projects in Indian + communities, and those programs may support public-private + partnerships for infrastructure development, but improvements + and support are needed for those programs specific to Indian + communities to facilitate more effectively private financing + for infrastructure and other urgent development needs; and + (8)(A) most real property held by Indian Tribes is trust or + restricted land that essentially cannot be held as collateral; + and + (B) while creative solutions, such as leasehold mortgages, + have been developed in response to the problem identified in + subparagraph (A), some solutions remain subject to review and + approval by the Bureau of Indian Affairs, adding additional + costs and delay to Tribal projects. + +SEC. 3. NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND + TOURISM ACT OF 2000. + + (a) Findings; Purposes.--Section 2 of the Native American Business +Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4301) +is amended by adding at the end the following: + ``(c) Applicability to Indian-Owned Businesses.--The findings and +purposes in subsections (a) and (b) shall apply to any Indian-owned +business governed-- + ``(1) by Tribal laws regulating trade or commerce on Indian + lands; or + ``(2) pursuant to section 5 of the Act of August 15, 1876 + (19 Stat. 200, chapter 289; 25 U.S.C. 261).''. + (b) Definitions.--Section 3 of the Native American Business +Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302) +is amended-- + (1) by redesignating paragraphs (1) through (6) and + paragraphs (7) through (9), as paragraphs (2) through (7) and + paragraphs (9) through (11), respectively; + (2) by inserting before paragraph (2) (as redesignated by + paragraph (1)) the following: + ``(1) Director.--The term `Director' means the Director of + Native American Business Development appointed pursuant to + section 4(a)(2).''; and + (3) by inserting after paragraph (7) (as redesignated by + paragraph (1)) the following: + ``(8) Office.--The term `Office' means the Office of Native + American Business Development established by section + 4(a)(1).''. + (c) Office of Native American Business Development.--Section 4 of +the Native American Business Development, Trade Promotion, and Tourism +Act of 2000 (25 U.S.C. 4303) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking ``Department of Commerce'' + and inserting ``Office of the Secretary''; and + (ii) by striking ``(referred to in this Act + as the `Office')''; and + (B) in paragraph (2), in the first sentence, by + striking ``(referred to in this Act as the + `Director')''; and + (2) by adding at the end the following: + ``(c) Duties of Director.-- + ``(1) In general.--The Director shall serve as-- + ``(A) the program and policy advisor to the + Secretary with respect to the trust and governmental + relationship between the United States and Indian + Tribes; and + ``(B) the point of contact for Indian Tribes, + Tribal organizations, and Indians regarding-- + ``(i) policies and programs of the + Department of Commerce; and + ``(ii) other matters relating to economic + development and doing business in Indian lands. + ``(2) Departmental coordination.--The Director shall + coordinate with all offices and agencies within the Department + of Commerce to ensure that each office and agency has an + accountable process to ensure-- + ``(A) meaningful and timely coordination and + assistance, as required by this Act; and + ``(B) consultation with Indian Tribes regarding the + policies, programs, assistance, and activities of the + offices and agencies. + ``(3) Office operations.--There are authorized to be + appropriated to carry out this section not more than $2,000,000 + for each fiscal year.''. + (d) Indian Community Development Initiatives.--The Native American +Business Development, Trade Promotion, and Tourism Act of 2000 is +amended-- + (1) by redesignating section 8 (25 U.S.C. 4307) as section + 10; and + (2) by inserting after section 7 (25 U.S.C. 4306) the + following: + +``SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES. + + ``(a) Interagency Coordination.--Not later than 1 year after the +enactment of this section, the Secretary, the Secretary of the +Interior, and the Secretary of the Treasury shall coordinate-- + ``(1) to develop initiatives that-- + ``(A) encourage, promote, and provide education + regarding investments in Indian communities through-- + ``(i) the loan guarantee program of Bureau + of Indian Affairs under section 201 of the + Indian Financing Act of 1974 (25 U.S.C. 1481); + ``(ii) programs carried out using amounts + in the Community Development Financial + Institutions Fund established under section + 104(a) of the Community Development Banking and + Financial Institutions Act of 1994 (12 U.S.C. + 4703(a)); and + ``(iii) other capital development programs; + ``(B) examine and develop alternatives that would + qualify as collateral for financing in Indian + communities; and + ``(C) provide entrepreneur and other training + relating to economic development through tribally + controlled colleges and universities and other Indian + organizations with experience in providing such + training; + ``(2) to consult with Indian Tribes and with the Securities + and Exchange Commission to study, and collaborate to establish, + regulatory changes necessary to qualify an Indian Tribe as an + accredited investor for the purposes of sections 230.500 + through 230.508 of title 17, Code of Federal Regulations (or + successor regulations), consistent with the goals of promoting + capital formation and ensuring qualifying Indian Tribes have + the ability to withstand investment loss, on a basis comparable + to other legal entities that qualify as accredited investors + who are not natural persons; + ``(3) to identify regulatory, legal, or other barriers to + increasing investment, business, and economic development, + including qualifying or approving collateral structures, + measurements of economic strength, and contributions of Indian + economies in Indian communities through the Authority + established under section 4 of the Indian Tribal Regulatory + Reform and Business Development Act of 2000 (25 U.S.C. 4301 + note); + ``(4) to ensure consultation with Indian Tribes regarding + increasing investment in Indian communities and the development + of the report required in paragraph (5); and + ``(5) not less than once every 2 years, to provide a report + to Congress regarding-- + ``(A) improvements to Indian communities resulting + from such initiatives and recommendations for promoting + sustained growth of the Tribal economies; + ``(B) results of the study and collaboration + regarding the necessary changes referenced in paragraph + (2) and the impact of allowing Indian Tribes to qualify + as an accredited investor; and + ``(C) the identified regulatory, legal, and other + barriers referenced in paragraph (3). + ``(b) Waiver.--For assistance provided pursuant to section 108 of +the Community Development Banking and Financial Institutions Act of +1994 (12 U.S.C. 4707) to benefit Native Community Development Financial +Institutions, as defined by the Secretary of the Treasury, section +108(e) of such Act shall not apply. + ``(c) Indian Economic Development Feasibility Study.-- + ``(1) In general.--The Government Accountability Office + shall conduct a study and, not later than 18 months after the + date of enactment of this subsection, submit to the Committee + on Indian Affairs of the Senate and the Committee on Natural + Resources of the House of Representatives a report on the + findings of the study and recommendations. + ``(2) Contents.--The study shall include an assessment of + each of the following: + ``(A) In general.--The study shall assess current + Federal capitalization and related programs and + services that are available to assist Indian + communities with business and economic development, + including manufacturing, physical infrastructure (such + as telecommunications and broadband), community + development, and facilities construction for such + purposes. For each of the Federal programs and services + identified, the study shall assess the current use and + demand by Indian Tribes, individuals, businesses, and + communities of the programs, the capital needs of + Indian Tribes, businesses, and communities related to + economic development, and the extent that similar + programs have been used to assist non-Indian + communities compared to the extent used for Indian + communities. + ``(B) Financing assistance.--The study shall assess + and quantify the extent of assistance provided to non- + Indian borrowers and to Indian (both Tribal and + individual) borrowers (including information about such + assistance as a percentage of need for Indian borrowers + and for non-Indian borrowers, assistance to Indian + borrowers and to non-Indian borrowers as a percentage + of total applicants, and such assistance to Indian + borrowers as individuals as compared to such assistance + to Indian Tribes) through the loan programs, the loan + guarantee programs, or bond guarantee programs of the-- + ``(i) Department of the Interior; + ``(ii) Department of Agriculture; + ``(iii) Department of Housing and Urban + Development; + ``(iv) Department of Energy; + ``(v) Small Business Administration; and + ``(vi) Community Development Financial + Institutions Fund of the Department of the + Treasury. + ``(C) Tax incentives.--The study shall assess and + quantify the extent of the assistance and allocations + afforded for non-Indian projects and for Indian + projects pursuant to each of the following tax + incentive programs: + ``(i) New market tax credit. + ``(ii) Low income housing tax credit. + ``(iii) Investment tax credit. + ``(iv) Renewable energy tax incentives. + ``(v) Accelerated depreciation. + ``(D) Tribal investment incentive.--The study shall + assess various alternative incentives that could be + provided to enable and encourage Tribal governments to + invest in an Indian community development investment + fund or bank.''. + (e) Conforming and Technical Amendments.--The Native American +Business Development, Trade Promotion, and Tourism Act of 2000 (25 +U.S.C. 4301 et seq.) is amended-- + (1) in section 3-- + (A) in each of paragraphs (1), (4), and (8), by + striking ``tribe'' and inserting ``Tribe''; and + (B) in paragraph (6), by striking ``The term + `Indian tribe' has the meaning given that term'' and + inserting ``The term `Indian Tribe' has the meaning + given the term `Indian tribe'''; + (2) by striking ``tribes'' each place the term appears and + inserting ``Tribes''; and + (3) by striking ``tribal'' each place the term appears and + inserting ``Tribal''. + +SEC. 4. BUY INDIAN ACT. + + Section 23 of the Act of June 25, 1910 (commonly known as the ``Buy +Indian Act'') (36 Stat. 861, chapter 431; 25 U.S.C. 47), is amended to +read as follows: + +``SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE OF PRODUCTS OF + INDIAN INDUSTRY; PARTICIPATION IN MENTOR-PROTEGE PROGRAM. + + ``(a) Definitions.--In this section: + ``(1) Indian economic enterprise.--The term `Indian + economic enterprise' has the meaning given the term in section + 1480.201 of title 48, Code of Federal Regulations (or successor + regulations). + ``(2) Mentor firm; protege firm.--The terms `mentor firm' + and `protege firm' have the meanings given those terms in + section 831(c) of the National Defense Authorization Act for + Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101-510). + ``(3) Secretaries.--The term `Secretaries' means-- + ``(A) the Secretary of the Interior; and + ``(B) the Secretary of Health and Human Services. + ``(b) Enterprise Development.-- + ``(1) In general.--Unless determined by one of the + Secretaries to be impracticable and unreasonable-- + ``(A) Indian labor shall be employed; and + ``(B) purchases of Indian industry products + (including printing and facilities construction, + notwithstanding any other provision of law) may be made + in open market by the Secretaries. + ``(2) Mentor-protege program.-- + ``(A) In general.--Participation in the Mentor- + Protege Program established under section 831(a) of the + National Defense Authorization Act for Fiscal Year 1991 + (10 U.S.C. 2302 note; Public Law 101-510) or receipt of + assistance under a developmental assistance agreement + under that program shall not render any individual or + entity involved in the provision of Indian labor or an + Indian industry product ineligible to receive + assistance under this section. + ``(B) Treatment.--For purposes of this section, no + determination of affiliation or control (whether direct + or indirect) may be found between a protege firm and a + mentor firm on the basis that the mentor firm has + provided, or agreed to provide, to the protege firm, + pursuant to a mentor-protege agreement, any form of + developmental assistance described in section 831(f) of + the National Defense Authorization Act for Fiscal Year + 1991 (10 U.S.C. 2302 note; Public Law 101-510). + ``(c) Implementation.--In carrying out this section, the +Secretaries shall-- + ``(1) conduct outreach to Indian industrial entities; + ``(2) provide training; + ``(3) promulgate regulations in accordance with this + section and with the regulations under part 1480 of title 48, + Code of Federal Regulations (or successor regulations), to + harmonize the procurement procedures of the Department of the + Interior and the Department of Health and Human Services, to + the maximum extent practicable; + ``(4) require regional offices of the Bureau of Indian + Affairs and the Indian Health Service to aggregate data + regarding compliance with this section; + ``(5) require procurement management reviews by their + respective Departments to include a review of the + implementation of this section; and + ``(6) consult with Indian Tribes, Indian industrial + entities, and other stakeholders regarding methods to + facilitate compliance with-- + ``(A) this section; and + ``(B) other small business or procurement goals. + ``(d) Report.-- + ``(1) In general.--Not later than 1 year after the date of + enactment of this section, and not less frequently than once + every 2 years thereafter, each of the Secretaries shall submit + to the Committee on Indian Affairs of the Senate and the + Committee on Natural Resources of the House of Representatives + a report describing, during the period covered by the report, + the implementation of this section by each of the respective + Secretaries. + ``(2) Contents.--Each report under this subsection shall + include, for each fiscal year during the period covered by the + report-- + ``(A) the names of each agency under the respective + jurisdiction of each of the Secretaries to which this + section has been applied, and efforts made by + additional agencies within the Secretaries' respective + Departments to use the procurement procedures under + this Act; + ``(B) a summary of the types of purchases made + from, and contracts (including any relevant + modifications, extensions, or renewals) awarded to, + Indian economic enterprises, expressed by agency + region; + ``(C) a description of the percentage increase or + decrease in total dollar value and number of purchases + and awards made within each agency region, as compared + to the totals of the region for the preceding fiscal + year; + ``(D) a description of the methods used by + applicable contracting officers and employees to + conduct market searches to identify qualified Indian + economic enterprises; + ``(E) a summary of all deviations granted under + section 1480.403 of title 48, Code of Federal + Regulations (or successor regulations), including a + description of-- + ``(i) the types of alternative procurement + methods used, including any Indian owned + businesses reported under other procurement + goals; and + ``(ii) the dollar value of any awards made + pursuant to those deviations; + ``(F) a summary of all determinations made to + provide awards to Indian economic enterprises, + including a description of the dollar value of the + awards; + ``(G) a description or summary of the total number + and value of all purchases of, and contracts awarded + for, supplies, services, and construction (including + the percentage increase or decrease, as compared to the + preceding fiscal year) from-- + ``(i) Indian economic enterprises; and + ``(ii) non-Indian economic enterprises; + ``(H) any administrative, procedural, legal, or + other barriers to achieving the purposes of this + section, together with recommendations for legislative + or administrative actions to address those barriers; + and + ``(I) for each agency region-- + ``(i) the total amount spent on purchases + made from, and contracts awarded to, Indian + economic enterprises; and + ``(ii) a comparison of the amount described + in clause (i) to the total amount that the + agency region would likely have spent on the + same purchases made from a non-Indian economic + enterprise or contracts awarded to a non-Indian + economic enterprise. + ``(e) Goals.--Each agency shall establish an annual minimum +percentage goal for procurement in compliance with this section.''. + +SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF 1974. + + (a) Financial Assistance for Native American Projects.--Section 803 +of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is +amended-- + (1) by redesignating subsections (b) through (d) as + subsections (c) through (e), respectively; and + (2) by inserting after subsection (a) the following: + ``(b) Economic Development.-- + ``(1) In general.--The Commissioner may provide assistance + under subsection (a) for projects relating to the purposes of + this title to a Native community development financial + institution, as defined by the Secretary of the Treasury. + ``(2) Priority.--With regard to not less than 50 percent of + the total amount available for assistance under this section, + the Commissioner shall give priority to any application seeking + assistance for-- + ``(A) the development of a Tribal code or court + system for purposes of economic development, including + commercial codes, training for court personnel, + regulation pursuant to section 5 of the Act of August + 15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 261), + and the development of nonprofit subsidiaries or other + Tribal business structures; + ``(B) the development of a community development + financial institution, including training and + administrative expenses; or + ``(C) the development of a Tribal master plan for + community and economic development and + infrastructure.''. + (b) Technical Assistance and Training.--Section 804 of the Native +American Programs Act of 1974 (42 U.S.C. 2991c) is amended-- + (1) in the matter preceding paragraph (1), by striking + ``The Commissioner'' and inserting the following: + ``(a) In General.--The Commissioner''; and + (2) by adding at the end the following: + ``(b) Priority.--In providing assistance under subsection (a), the +Commissioner shall give priority to any application described in +section 803(b)(2).''. + (c) Authorization of Appropriations.--Section 816 of the Native +American Programs Act of 1974 (42 U.S.C. 2992d) is amended-- + (1) by striking ``803(d)'' each place it appears and + inserting ``803(e)''; and + (2) in subsection (a)-- + (A) by striking ``such sums as may be necessary'' + and inserting ``$34,000,000''; and + (B) by striking ``1999, 2000, 2001, and 2002'' and + inserting ``2020 through 2024''. + (d) Conforming and Technical Amendments.--The Native American +Programs Act of 1974 (42 U.S.C. 2991 et seq.) is amended-- + (1) by striking ``tribe'' each place the term appears and + inserting ``Tribe''; + (2) by striking ``tribes'' each place the term appears and + inserting ``Tribes''; and + (3) by striking ``tribal'' each place the term appears and + inserting ``Tribal''. + \ No newline at end of file From dbda7a7c0bf99b295afdac92a29e76c20f62b31e Mon Sep 17 00:00:00 2001 From: "Sen. Hoeven, John [R-ND]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 692/984] Senate-212: Engrossed in Senate --- bills_text/Senate-212.txt | 48 +++++++++++++++++++++------------------ 1 file changed, 26 insertions(+), 22 deletions(-) diff --git a/bills_text/Senate-212.txt b/bills_text/Senate-212.txt index ef634a1..37cbf20 100644 --- a/bills_text/Senate-212.txt +++ b/bills_text/Senate-212.txt @@ -2,25 +2,9 @@ 1st Session S. 212 -To amend the Native American Business Development, Trade Promotion, and - Tourism Act of 2000, the Buy Indian Act, and the Native American - Programs Act of 1974 to provide industry and economic development - opportunities to Indian communities. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - January 24, 2019 - - Mr. Hoeven introduced the following bill; which was read twice and - referred to the Committee on Indian Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -265,10 +249,11 @@ Institutions, as defined by the Secretary of the Treasury, section demand by Indian Tribes, individuals, businesses, and communities of the programs, the capital needs of Indian Tribes, businesses, and communities related to - economic development, and the extent that similar - programs have been used to assist non-Indian - communities compared to the extent used for Indian - communities. + economic development, the extent to which the programs + and services overlap or are duplicative, and the extent + that similar programs have been used to assist non- + Indian communities compared to the extent used for + Indian communities. ``(B) Financing assistance.--The study shall assess and quantify the extent of assistance provided to non- Indian borrowers and to Indian (both Tribal and @@ -515,4 +500,23 @@ Programs Act of 1974 (42 U.S.C. 2991 et seq.) is amended-- inserting ``Tribes''; and (3) by striking ``tribal'' each place the term appears and inserting ``Tribal''. - \ No newline at end of file + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 212 + +_______________________________________________________________________ + + AN ACT + +To amend the Native American Business Development, Trade Promotion, and + Tourism Act of 2000, the Buy Indian Act, and the Native American + Programs Act of 1974 to provide industry and economic development + opportunities to Indian communities. From 94261f1a07a7f5ef544e0acd68903b4ea0f5b4d9 Mon Sep 17 00:00:00 2001 From: "Sen. Hoeven, John [R-ND]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 693/984] Senate-212: Enrolled --- bills_text/Senate-212.txt | 840 ++++++++++++++++++-------------------- 1 file changed, 391 insertions(+), 449 deletions(-) diff --git a/bills_text/Senate-212.txt b/bills_text/Senate-212.txt index 37cbf20..d364109 100644 --- a/bills_text/Senate-212.txt +++ b/bills_text/Senate-212.txt @@ -1,522 +1,464 @@ -116th CONGRESS - 1st Session - S. 212 + S.212 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the Native American Business Development, Trade Promotion, and - Tourism Act of 2000, the Buy Indian Act, and the Native American + Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Indian Community Economic -Enhancement Act of 2019''. - +Enhancement Act of 2020''. SEC. 2. FINDINGS. - Congress finds that-- - (1)(A) to bring industry and economic development to Indian - communities, Indian Tribes must overcome a number of barriers, - including-- - (i) geographical location; - (ii) lack of infrastructure or capacity; - (iii) lack of sufficient collateral and capital; - and - (iv) regulatory bureaucracy relating to-- - (I) development; and - (II) access to services provided by the - Federal Government; and - (B) the barriers described in subparagraph (A) often add to - the cost of doing business in Indian communities; - (2) Indian Tribes-- - (A) enact laws and exercise sovereign governmental - powers; - (B) determine policy for the benefit of Tribal - members; and - (C) produce goods and services for consumers; - (3) the Federal Government has-- - (A) an important government-to-government - relationship with Indian Tribes; and - (B) a role in facilitating healthy and sustainable - Tribal economies; - (4) the input of Indian Tribes in developing Federal policy - and programs leads to more meaningful and effective measures to - assist Indian Tribes and Indian entrepreneurs in building - Tribal economies; - (5)(A) many components of Tribal infrastructure need - significant repair or replacement; and - (B) access to private capital for projects in Indian - communities-- - (i) may not be available; or - (ii) may come at a higher cost than such access for - other projects; - (6)(A) Federal capital improvement programs, such as those - that facilitate tax-exempt bond financing and loan guarantees, - are tools that help improve or replace crumbling - infrastructure; - (B) lack of parity in treatment of an Indian Tribe as a - governmental entity under Federal tax and certain other - regulatory laws impedes, in part, the ability of Indian Tribes - to raise capital through issuance of tax exempt debt, invest as - an accredited investor, and benefit from other investment - incentives accorded to State and local governmental entities; - and - (C) as a result of the disparity in treatment of Indian - Tribes described in subparagraph (B), investors may avoid - financing, or demand a premium to finance, projects in Indian - communities, making the projects more costly or inaccessible; - (7) there are a number of Federal loan guarantee programs - available to facilitate financing of business, energy, - economic, housing, and community development projects in Indian - communities, and those programs may support public-private - partnerships for infrastructure development, but improvements - and support are needed for those programs specific to Indian - communities to facilitate more effectively private financing - for infrastructure and other urgent development needs; and - (8)(A) most real property held by Indian Tribes is trust or - restricted land that essentially cannot be held as collateral; - and - (B) while creative solutions, such as leasehold mortgages, - have been developed in response to the problem identified in - subparagraph (A), some solutions remain subject to review and - approval by the Bureau of Indian Affairs, adding additional - costs and delay to Tribal projects. - + (1)(A) to bring industry and economic development to Indian + communities, Indian Tribes must overcome a number of barriers, + including-- + (i) geographical location; + (ii) lack of infrastructure or capacity; + (iii) lack of sufficient collateral and capital; and + (iv) regulatory bureaucracy relating to-- + (I) development; and + (II) access to services provided by the Federal + Government; and + (B) the barriers described in subparagraph (A) often add to the + cost of doing business in Indian communities; + (2) Indian Tribes-- + (A) enact laws and exercise sovereign governmental powers; + (B) determine policy for the benefit of Tribal members; and + (C) produce goods and services for consumers; + (3) the Federal Government has-- + (A) an important government-to-government relationship with + Indian Tribes; and + (B) a role in facilitating healthy and sustainable Tribal + economies; + (4) the input of Indian Tribes in developing Federal policy and + programs leads to more meaningful and effective measures to assist + Indian Tribes and Indian entrepreneurs in building Tribal + economies; + (5)(A) many components of Tribal infrastructure need + significant repair or replacement; and + (B) access to private capital for projects in Indian + communities-- + (i) may not be available; or + (ii) may come at a higher cost than such access for other + projects; + (6)(A) Federal capital improvement programs, such as those that + facilitate tax-exempt bond financing and loan guarantees, are tools + that help improve or replace crumbling infrastructure; + (B) lack of parity in treatment of an Indian Tribe as a + governmental entity under Federal tax and certain other regulatory + laws impedes, in part, the ability of Indian Tribes to raise + capital through issuance of tax exempt debt, invest as an + accredited investor, and benefit from other investment incentives + accorded to State and local governmental entities; and + (C) as a result of the disparity in treatment of Indian Tribes + described in subparagraph (B), investors may avoid financing, or + demand a premium to finance, projects in Indian communities, making + the projects more costly or inaccessible; + (7) there are a number of Federal loan guarantee programs + available to facilitate financing of business, energy, economic, + housing, and community development projects in Indian communities, + and those programs may support public-private partnerships for + infrastructure development, but improvements and support are needed + for those programs specific to Indian communities to facilitate + more effectively private financing for infrastructure and other + urgent development needs; and + (8)(A) most real property held by Indian Tribes is trust or + restricted land that essentially cannot be held as collateral; and + (B) while creative solutions, such as leasehold mortgages, have + been developed in response to the problem identified in + subparagraph (A), some solutions remain subject to review and + approval by the Bureau of Indian Affairs, adding additional costs + and delay to Tribal projects. SEC. 3. NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND - TOURISM ACT OF 2000. - +TOURISM ACT OF 2000. (a) Findings; Purposes.--Section 2 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4301) is amended by adding at the end the following: ``(c) Applicability to Indian-Owned Businesses.--The findings and purposes in subsections (a) and (b) shall apply to any Indian-owned business governed-- - ``(1) by Tribal laws regulating trade or commerce on Indian - lands; or - ``(2) pursuant to section 5 of the Act of August 15, 1876 - (19 Stat. 200, chapter 289; 25 U.S.C. 261).''. + ``(1) by Tribal laws regulating trade or commerce on Indian + lands; or + ``(2) pursuant to section 5 of the Act of August 15, 1876 (19 + Stat. 200, chapter 289; 25 U.S.C. 261).''. (b) Definitions.--Section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302) is amended-- - (1) by redesignating paragraphs (1) through (6) and - paragraphs (7) through (9), as paragraphs (2) through (7) and - paragraphs (9) through (11), respectively; - (2) by inserting before paragraph (2) (as redesignated by - paragraph (1)) the following: - ``(1) Director.--The term `Director' means the Director of - Native American Business Development appointed pursuant to - section 4(a)(2).''; and - (3) by inserting after paragraph (7) (as redesignated by - paragraph (1)) the following: - ``(8) Office.--The term `Office' means the Office of Native - American Business Development established by section - 4(a)(1).''. + (1) by redesignating paragraphs (1) through (6) and paragraphs + (7) through (9), as paragraphs (2) through (7) and paragraphs (9) + through (11), respectively; + (2) by inserting before paragraph (2) (as redesignated by + paragraph (1)) the following: + ``(1) Director.--The term `Director' means the Director of + Native American Business Development appointed pursuant to section + 4(a)(2).''; and + (3) by inserting after paragraph (7) (as redesignated by + paragraph (1)) the following: + ``(8) Office.--The term `Office' means the Office of Native + American Business Development established by section 4(a)(1).''. (c) Office of Native American Business Development.--Section 4 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4303) is amended-- - (1) in subsection (a)-- - (A) in paragraph (1)-- - (i) by striking ``Department of Commerce'' - and inserting ``Office of the Secretary''; and - (ii) by striking ``(referred to in this Act - as the `Office')''; and - (B) in paragraph (2), in the first sentence, by - striking ``(referred to in this Act as the - `Director')''; and - (2) by adding at the end the following: + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking ``Department of Commerce'' and + inserting ``Office of the Secretary''; and + (ii) by striking ``(referred to in this Act as the + `Office')''; and + (B) in paragraph (2), in the first sentence, by striking + ``(referred to in this Act as the `Director')''; and + (2) by adding at the end the following: ``(c) Duties of Director.-- - ``(1) In general.--The Director shall serve as-- - ``(A) the program and policy advisor to the - Secretary with respect to the trust and governmental - relationship between the United States and Indian - Tribes; and - ``(B) the point of contact for Indian Tribes, - Tribal organizations, and Indians regarding-- - ``(i) policies and programs of the - Department of Commerce; and - ``(ii) other matters relating to economic - development and doing business in Indian lands. - ``(2) Departmental coordination.--The Director shall - coordinate with all offices and agencies within the Department - of Commerce to ensure that each office and agency has an - accountable process to ensure-- - ``(A) meaningful and timely coordination and - assistance, as required by this Act; and - ``(B) consultation with Indian Tribes regarding the - policies, programs, assistance, and activities of the - offices and agencies. - ``(3) Office operations.--There are authorized to be - appropriated to carry out this section not more than $2,000,000 - for each fiscal year.''. + ``(1) In general.--The Director shall serve as-- + ``(A) the program and policy advisor to the Secretary with + respect to the trust and governmental relationship between the + United States and Indian Tribes; and + ``(B) the point of contact for Indian Tribes, Tribal + organizations, and Indians regarding-- + ``(i) policies and programs of the Department of + Commerce; and + ``(ii) other matters relating to economic development + and doing business in Indian lands. + ``(2) Departmental coordination.--The Director shall coordinate + with all offices and agencies within the Department of Commerce to + ensure that each office and agency has an accountable process to + ensure-- + ``(A) meaningful and timely coordination and assistance, as + required by this Act; and + ``(B) consultation with Indian Tribes regarding the + policies, programs, assistance, and activities of the offices + and agencies. + ``(3) Office operations.--There are authorized to be + appropriated to carry out this section not more than $2,000,000 for + each fiscal year.''. (d) Indian Community Development Initiatives.--The Native American Business Development, Trade Promotion, and Tourism Act of 2000 is amended-- - (1) by redesignating section 8 (25 U.S.C. 4307) as section - 10; and - (2) by inserting after section 7 (25 U.S.C. 4306) the - following: - + (1) by redesignating section 8 (25 U.S.C. 4307) as section 10; + and + (2) by inserting after section 7 (25 U.S.C. 4306) the + following: ``SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES. - ``(a) Interagency Coordination.--Not later than 1 year after the enactment of this section, the Secretary, the Secretary of the Interior, and the Secretary of the Treasury shall coordinate-- - ``(1) to develop initiatives that-- - ``(A) encourage, promote, and provide education - regarding investments in Indian communities through-- - ``(i) the loan guarantee program of Bureau - of Indian Affairs under section 201 of the - Indian Financing Act of 1974 (25 U.S.C. 1481); - ``(ii) programs carried out using amounts - in the Community Development Financial - Institutions Fund established under section - 104(a) of the Community Development Banking and - Financial Institutions Act of 1994 (12 U.S.C. - 4703(a)); and - ``(iii) other capital development programs; - ``(B) examine and develop alternatives that would - qualify as collateral for financing in Indian - communities; and - ``(C) provide entrepreneur and other training - relating to economic development through tribally - controlled colleges and universities and other Indian - organizations with experience in providing such - training; - ``(2) to consult with Indian Tribes and with the Securities - and Exchange Commission to study, and collaborate to establish, - regulatory changes necessary to qualify an Indian Tribe as an - accredited investor for the purposes of sections 230.500 - through 230.508 of title 17, Code of Federal Regulations (or - successor regulations), consistent with the goals of promoting - capital formation and ensuring qualifying Indian Tribes have - the ability to withstand investment loss, on a basis comparable - to other legal entities that qualify as accredited investors - who are not natural persons; - ``(3) to identify regulatory, legal, or other barriers to - increasing investment, business, and economic development, - including qualifying or approving collateral structures, - measurements of economic strength, and contributions of Indian - economies in Indian communities through the Authority - established under section 4 of the Indian Tribal Regulatory - Reform and Business Development Act of 2000 (25 U.S.C. 4301 - note); - ``(4) to ensure consultation with Indian Tribes regarding - increasing investment in Indian communities and the development - of the report required in paragraph (5); and - ``(5) not less than once every 2 years, to provide a report - to Congress regarding-- - ``(A) improvements to Indian communities resulting - from such initiatives and recommendations for promoting - sustained growth of the Tribal economies; - ``(B) results of the study and collaboration - regarding the necessary changes referenced in paragraph - (2) and the impact of allowing Indian Tribes to qualify - as an accredited investor; and - ``(C) the identified regulatory, legal, and other - barriers referenced in paragraph (3). + ``(1) to develop initiatives that-- + ``(A) encourage, promote, and provide education regarding + investments in Indian communities through-- + ``(i) the loan guarantee program of Bureau of Indian + Affairs under section 201 of the Indian Financing Act of + 1974 (25 U.S.C. 1481); + ``(ii) programs carried out using amounts in the + Community Development Financial Institutions Fund + established under section 104(a) of the Community + Development Banking and Financial Institutions Act of 1994 + (12 U.S.C. 4703(a)); and + ``(iii) other capital development programs; + ``(B) examine and develop alternatives that would qualify + as collateral for financing in Indian communities; and + ``(C) provide entrepreneur and other training relating to + economic development through tribally controlled colleges and + universities and other Indian organizations with experience in + providing such training; + ``(2) to consult with Indian Tribes and with the Securities and + Exchange Commission to study, and collaborate to establish, + regulatory changes necessary to qualify an Indian Tribe as an + accredited investor for the purposes of sections 230.500 through + 230.508 of title 17, Code of Federal Regulations (or successor + regulations), consistent with the goals of promoting capital + formation and ensuring qualifying Indian Tribes have the ability to + withstand investment loss, on a basis comparable to other legal + entities that qualify as accredited investors who are not natural + persons; + ``(3) to identify regulatory, legal, or other barriers to + increasing investment, business, and economic development, + including qualifying or approving collateral structures, + measurements of economic strength, and contributions of Indian + economies in Indian communities through the Authority established + under section 4 of the Indian Tribal Regulatory Reform and Business + Development Act of 2000 (25 U.S.C. 4301 note); + ``(4) to ensure consultation with Indian Tribes regarding + increasing investment in Indian communities and the development of + the report required in paragraph (5); and + ``(5) not less than once every 2 years, to provide a report to + Congress regarding-- + ``(A) improvements to Indian communities resulting from + such initiatives and recommendations for promoting sustained + growth of the Tribal economies; + ``(B) results of the study and collaboration regarding the + necessary changes referenced in paragraph (2) and the impact of + allowing Indian Tribes to qualify as an accredited investor; + and + ``(C) the identified regulatory, legal, and other barriers + referenced in paragraph (3). ``(b) Waiver.--For assistance provided pursuant to section 108 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4707) to benefit Native Community Development Financial Institutions, as defined by the Secretary of the Treasury, section 108(e) of such Act shall not apply. ``(c) Indian Economic Development Feasibility Study.-- - ``(1) In general.--The Government Accountability Office - shall conduct a study and, not later than 18 months after the - date of enactment of this subsection, submit to the Committee - on Indian Affairs of the Senate and the Committee on Natural - Resources of the House of Representatives a report on the - findings of the study and recommendations. - ``(2) Contents.--The study shall include an assessment of - each of the following: - ``(A) In general.--The study shall assess current - Federal capitalization and related programs and - services that are available to assist Indian - communities with business and economic development, - including manufacturing, physical infrastructure (such - as telecommunications and broadband), community - development, and facilities construction for such - purposes. For each of the Federal programs and services - identified, the study shall assess the current use and - demand by Indian Tribes, individuals, businesses, and - communities of the programs, the capital needs of - Indian Tribes, businesses, and communities related to - economic development, the extent to which the programs - and services overlap or are duplicative, and the extent - that similar programs have been used to assist non- - Indian communities compared to the extent used for - Indian communities. - ``(B) Financing assistance.--The study shall assess - and quantify the extent of assistance provided to non- - Indian borrowers and to Indian (both Tribal and - individual) borrowers (including information about such - assistance as a percentage of need for Indian borrowers - and for non-Indian borrowers, assistance to Indian - borrowers and to non-Indian borrowers as a percentage - of total applicants, and such assistance to Indian - borrowers as individuals as compared to such assistance - to Indian Tribes) through the loan programs, the loan - guarantee programs, or bond guarantee programs of the-- - ``(i) Department of the Interior; - ``(ii) Department of Agriculture; - ``(iii) Department of Housing and Urban - Development; - ``(iv) Department of Energy; - ``(v) Small Business Administration; and - ``(vi) Community Development Financial - Institutions Fund of the Department of the - Treasury. - ``(C) Tax incentives.--The study shall assess and - quantify the extent of the assistance and allocations - afforded for non-Indian projects and for Indian - projects pursuant to each of the following tax - incentive programs: - ``(i) New market tax credit. - ``(ii) Low income housing tax credit. - ``(iii) Investment tax credit. - ``(iv) Renewable energy tax incentives. - ``(v) Accelerated depreciation. - ``(D) Tribal investment incentive.--The study shall - assess various alternative incentives that could be - provided to enable and encourage Tribal governments to - invest in an Indian community development investment - fund or bank.''. + ``(1) In general.--The Government Accountability Office shall + conduct a study and, not later than 18 months after the date of + enactment of this subsection, submit to the Committee on Indian + Affairs of the Senate and the Committee on Natural Resources of the + House of Representatives a report on the findings of the study and + recommendations. + ``(2) Contents.--The study shall include an assessment of each + of the following: + ``(A) In general.--The study shall assess current Federal + capitalization and related programs and services that are + available to assist Indian communities with business and + economic development, including manufacturing, physical + infrastructure (such as telecommunications and broadband), + community development, and facilities construction for such + purposes. For each of the Federal programs and services + identified, the study shall assess the current use and demand + by Indian Tribes, individuals, businesses, and communities of + the programs, the capital needs of Indian Tribes, businesses, + and communities related to economic development, the extent to + which the programs and services overlap or are duplicative, and + the extent that similar programs have been used to assist non- + Indian communities compared to the extent used for Indian + communities. + ``(B) Financing assistance.--The study shall assess and + quantify the extent of assistance provided to non-Indian + borrowers and to Indian (both Tribal and individual) borrowers + (including information about such assistance as a percentage of + need for Indian borrowers and for non-Indian borrowers, + assistance to Indian borrowers and to non-Indian borrowers as a + percentage of total applicants, and such assistance to Indian + borrowers as individuals as compared to such assistance to + Indian Tribes) through the loan programs, the loan guarantee + programs, or bond guarantee programs of the-- + ``(i) Department of the Interior; + ``(ii) Department of Agriculture; + ``(iii) Department of Housing and Urban Development; + ``(iv) Department of Energy; + ``(v) Small Business Administration; and + ``(vi) Community Development Financial Institutions + Fund of the Department of the Treasury. + ``(C) Tax incentives.--The study shall assess and quantify + the extent of the assistance and allocations afforded for non- + Indian projects and for Indian projects pursuant to each of the + following tax incentive programs: + ``(i) New market tax credit. + ``(ii) Low income housing tax credit. + ``(iii) Investment tax credit. + ``(iv) Renewable energy tax incentives. + ``(v) Accelerated depreciation. + ``(D) Tribal investment incentive.--The study shall assess + various alternative incentives that could be provided to enable + and encourage Tribal governments to invest in an Indian + community development investment fund or bank.''. (e) Conforming and Technical Amendments.--The Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4301 et seq.) is amended-- - (1) in section 3-- - (A) in each of paragraphs (1), (4), and (8), by - striking ``tribe'' and inserting ``Tribe''; and - (B) in paragraph (6), by striking ``The term - `Indian tribe' has the meaning given that term'' and - inserting ``The term `Indian Tribe' has the meaning - given the term `Indian tribe'''; - (2) by striking ``tribes'' each place the term appears and - inserting ``Tribes''; and - (3) by striking ``tribal'' each place the term appears and - inserting ``Tribal''. - + (1) in section 3-- + (A) in each of paragraphs (1), (4), and (8), by striking + ``tribe'' and inserting ``Tribe''; and + (B) in paragraph (6), by striking ``The term `Indian tribe' + has the meaning given that term'' and inserting ``The term + `Indian Tribe' has the meaning given the term `Indian tribe'''; + (2) by striking ``tribes'' each place the term appears and + inserting ``Tribes''; and + (3) by striking ``tribal'' each place the term appears and + inserting ``Tribal''. SEC. 4. BUY INDIAN ACT. - Section 23 of the Act of June 25, 1910 (commonly known as the ``Buy Indian Act'') (36 Stat. 861, chapter 431; 25 U.S.C. 47), is amended to read as follows: - -``SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE OF PRODUCTS OF - INDIAN INDUSTRY; PARTICIPATION IN MENTOR-PROTEGE PROGRAM. - + ``SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE OF PRODUCTS OF + INDIAN INDUSTRY; PARTICIPATION IN MENTOR-PROTEGE PROGRAM. ``(a) Definitions.--In this section: - ``(1) Indian economic enterprise.--The term `Indian - economic enterprise' has the meaning given the term in section - 1480.201 of title 48, Code of Federal Regulations (or successor - regulations). - ``(2) Mentor firm; protege firm.--The terms `mentor firm' - and `protege firm' have the meanings given those terms in - section 831(c) of the National Defense Authorization Act for - Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101-510). - ``(3) Secretaries.--The term `Secretaries' means-- - ``(A) the Secretary of the Interior; and - ``(B) the Secretary of Health and Human Services. + ``(1) Indian economic enterprise.--The term `Indian economic + enterprise' has the meaning given the term in section 1480.201 of + title 48, Code of Federal Regulations (or successor regulations). + ``(2) Mentor firm; protege firm.--The terms `mentor firm' and + `protege firm' have the meanings given those terms in section + 831(c) of the National Defense Authorization Act for Fiscal Year + 1991 (10 U.S.C. 2302 note; Public Law 101-510). + ``(3) Secretaries.--The term `Secretaries' means-- + ``(A) the Secretary of the Interior; and + ``(B) the Secretary of Health and Human Services. ``(b) Enterprise Development.-- - ``(1) In general.--Unless determined by one of the - Secretaries to be impracticable and unreasonable-- - ``(A) Indian labor shall be employed; and - ``(B) purchases of Indian industry products - (including printing and facilities construction, - notwithstanding any other provision of law) may be made - in open market by the Secretaries. - ``(2) Mentor-protege program.-- - ``(A) In general.--Participation in the Mentor- - Protege Program established under section 831(a) of the - National Defense Authorization Act for Fiscal Year 1991 - (10 U.S.C. 2302 note; Public Law 101-510) or receipt of - assistance under a developmental assistance agreement - under that program shall not render any individual or - entity involved in the provision of Indian labor or an - Indian industry product ineligible to receive - assistance under this section. - ``(B) Treatment.--For purposes of this section, no - determination of affiliation or control (whether direct - or indirect) may be found between a protege firm and a - mentor firm on the basis that the mentor firm has - provided, or agreed to provide, to the protege firm, - pursuant to a mentor-protege agreement, any form of - developmental assistance described in section 831(f) of - the National Defense Authorization Act for Fiscal Year - 1991 (10 U.S.C. 2302 note; Public Law 101-510). + ``(1) In general.--Unless determined by one of the Secretaries + to be impracticable and unreasonable-- + ``(A) Indian labor shall be employed; and + ``(B) purchases of Indian industry products (including + printing and facilities construction, notwithstanding any other + provision of law) may be made in open market by the + Secretaries. + ``(2) Mentor-protege program.-- + ``(A) In general.--Participation in the Mentor-Protege + Program established under section 831(a) of the National + Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 + note; Public Law 101-510) or receipt of assistance under a + developmental assistance agreement under that program shall not + render any individual or entity involved in the provision of + Indian labor or an Indian industry product ineligible to + receive assistance under this section. + ``(B) Treatment.--For purposes of this section, no + determination of affiliation or control (whether direct or + indirect) may be found between a protege firm and a mentor firm + on the basis that the mentor firm has provided, or agreed to + provide, to the protege firm, pursuant to a mentor-protege + agreement, any form of developmental assistance described in + section 831(f) of the National Defense Authorization Act for + Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101-510). ``(c) Implementation.--In carrying out this section, the Secretaries shall-- - ``(1) conduct outreach to Indian industrial entities; - ``(2) provide training; - ``(3) promulgate regulations in accordance with this - section and with the regulations under part 1480 of title 48, - Code of Federal Regulations (or successor regulations), to - harmonize the procurement procedures of the Department of the - Interior and the Department of Health and Human Services, to - the maximum extent practicable; - ``(4) require regional offices of the Bureau of Indian - Affairs and the Indian Health Service to aggregate data - regarding compliance with this section; - ``(5) require procurement management reviews by their - respective Departments to include a review of the - implementation of this section; and - ``(6) consult with Indian Tribes, Indian industrial - entities, and other stakeholders regarding methods to - facilitate compliance with-- - ``(A) this section; and - ``(B) other small business or procurement goals. + ``(1) conduct outreach to Indian industrial entities; + ``(2) provide training; + ``(3) promulgate regulations in accordance with this section + and with the regulations under part 1480 of title 48, Code of + Federal Regulations (or successor regulations), to harmonize the + procurement procedures of the Department of the Interior and the + Department of Health and Human Services, to the maximum extent + practicable; + ``(4) require regional offices of the Bureau of Indian Affairs + and the Indian Health Service to aggregate data regarding + compliance with this section; + ``(5) require procurement management reviews by their + respective Departments to include a review of the implementation of + this section; and + ``(6) consult with Indian Tribes, Indian industrial entities, + and other stakeholders regarding methods to facilitate compliance + with-- + ``(A) this section; and + ``(B) other small business or procurement goals. ``(d) Report.-- - ``(1) In general.--Not later than 1 year after the date of - enactment of this section, and not less frequently than once - every 2 years thereafter, each of the Secretaries shall submit - to the Committee on Indian Affairs of the Senate and the - Committee on Natural Resources of the House of Representatives - a report describing, during the period covered by the report, - the implementation of this section by each of the respective - Secretaries. - ``(2) Contents.--Each report under this subsection shall - include, for each fiscal year during the period covered by the - report-- - ``(A) the names of each agency under the respective - jurisdiction of each of the Secretaries to which this - section has been applied, and efforts made by - additional agencies within the Secretaries' respective - Departments to use the procurement procedures under - this Act; - ``(B) a summary of the types of purchases made - from, and contracts (including any relevant - modifications, extensions, or renewals) awarded to, - Indian economic enterprises, expressed by agency - region; - ``(C) a description of the percentage increase or - decrease in total dollar value and number of purchases - and awards made within each agency region, as compared - to the totals of the region for the preceding fiscal - year; - ``(D) a description of the methods used by - applicable contracting officers and employees to - conduct market searches to identify qualified Indian - economic enterprises; - ``(E) a summary of all deviations granted under - section 1480.403 of title 48, Code of Federal - Regulations (or successor regulations), including a - description of-- - ``(i) the types of alternative procurement - methods used, including any Indian owned - businesses reported under other procurement - goals; and - ``(ii) the dollar value of any awards made - pursuant to those deviations; - ``(F) a summary of all determinations made to - provide awards to Indian economic enterprises, - including a description of the dollar value of the - awards; - ``(G) a description or summary of the total number - and value of all purchases of, and contracts awarded - for, supplies, services, and construction (including - the percentage increase or decrease, as compared to the - preceding fiscal year) from-- - ``(i) Indian economic enterprises; and - ``(ii) non-Indian economic enterprises; - ``(H) any administrative, procedural, legal, or - other barriers to achieving the purposes of this - section, together with recommendations for legislative - or administrative actions to address those barriers; - and - ``(I) for each agency region-- - ``(i) the total amount spent on purchases - made from, and contracts awarded to, Indian - economic enterprises; and - ``(ii) a comparison of the amount described - in clause (i) to the total amount that the - agency region would likely have spent on the - same purchases made from a non-Indian economic - enterprise or contracts awarded to a non-Indian - economic enterprise. + ``(1) In general.--Not later than 1 year after the date of + enactment of this section, and not less frequently than once every + 2 years thereafter, each of the Secretaries shall submit to the + Committee on Indian Affairs of the Senate and the Committee on + Natural Resources of the House of Representatives a report + describing, during the period covered by the report, the + implementation of this section by each of the respective + Secretaries. + ``(2) Contents.--Each report under this subsection shall + include, for each fiscal year during the period covered by the + report-- + ``(A) the names of each agency under the respective + jurisdiction of each of the Secretaries to which this section + has been applied, and efforts made by additional agencies + within the Secretaries' respective Departments to use the + procurement procedures under this Act; + ``(B) a summary of the types of purchases made from, and + contracts (including any relevant modifications, extensions, or + renewals) awarded to, Indian economic enterprises, expressed by + agency region; + ``(C) a description of the percentage increase or decrease + in total dollar value and number of purchases and awards made + within each agency region, as compared to the totals of the + region for the preceding fiscal year; + ``(D) a description of the methods used by applicable + contracting officers and employees to conduct market searches + to identify qualified Indian economic enterprises; + ``(E) a summary of all deviations granted under section + 1480.403 of title 48, Code of Federal Regulations (or successor + regulations), including a description of-- + ``(i) the types of alternative procurement methods + used, including any Indian owned businesses reported under + other procurement goals; and + ``(ii) the dollar value of any awards made pursuant to + those deviations; + ``(F) a summary of all determinations made to provide + awards to Indian economic enterprises, including a description + of the dollar value of the awards; + ``(G) a description or summary of the total number and + value of all purchases of, and contracts awarded for, supplies, + services, and construction (including the percentage increase + or decrease, as compared to the preceding fiscal year) from-- + ``(i) Indian economic enterprises; and + ``(ii) non-Indian economic enterprises; + ``(H) any administrative, procedural, legal, or other + barriers to achieving the purposes of this section, together + with recommendations for legislative or administrative actions + to address those barriers; and + ``(I) for each agency region-- + ``(i) the total amount spent on purchases made from, + and contracts awarded to, Indian economic enterprises; and + ``(ii) a comparison of the amount described in clause + (i) to the total amount that the agency region would likely + have spent on the same purchases made from a non-Indian + economic enterprise or contracts awarded to a non-Indian + economic enterprise. ``(e) Goals.--Each agency shall establish an annual minimum percentage goal for procurement in compliance with this section.''. - SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF 1974. - (a) Financial Assistance for Native American Projects.--Section 803 of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is amended-- - (1) by redesignating subsections (b) through (d) as - subsections (c) through (e), respectively; and - (2) by inserting after subsection (a) the following: + (1) by redesignating subsections (b) through (d) as subsections + (c) through (e), respectively; and + (2) by inserting after subsection (a) the following: ``(b) Economic Development.-- - ``(1) In general.--The Commissioner may provide assistance - under subsection (a) for projects relating to the purposes of - this title to a Native community development financial - institution, as defined by the Secretary of the Treasury. - ``(2) Priority.--With regard to not less than 50 percent of - the total amount available for assistance under this section, - the Commissioner shall give priority to any application seeking - assistance for-- - ``(A) the development of a Tribal code or court - system for purposes of economic development, including - commercial codes, training for court personnel, - regulation pursuant to section 5 of the Act of August - 15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 261), - and the development of nonprofit subsidiaries or other - Tribal business structures; - ``(B) the development of a community development - financial institution, including training and - administrative expenses; or - ``(C) the development of a Tribal master plan for - community and economic development and - infrastructure.''. + ``(1) In general.--The Commissioner may provide assistance + under subsection (a) for projects relating to the purposes of this + title to a Native community development financial institution, as + defined by the Secretary of the Treasury. + ``(2) Priority.--With regard to not less than 50 percent of the + total amount available for assistance under this section, the + Commissioner shall give priority to any application seeking + assistance for-- + ``(A) the development of a Tribal code or court system for + purposes of economic development, including commercial codes, + training for court personnel, regulation pursuant to section 5 + of the Act of August 15, 1876 (19 Stat. 200, chapter 289; 25 + U.S.C. 261), and the development of nonprofit subsidiaries or + other Tribal business structures; + ``(B) the development of a community development financial + institution, including training and administrative expenses; or + ``(C) the development of a Tribal master plan for community + and economic development and infrastructure.''. (b) Technical Assistance and Training.--Section 804 of the Native American Programs Act of 1974 (42 U.S.C. 2991c) is amended-- - (1) in the matter preceding paragraph (1), by striking - ``The Commissioner'' and inserting the following: + (1) in the matter preceding paragraph (1), by striking ``The + Commissioner'' and inserting the following: ``(a) In General.--The Commissioner''; and - (2) by adding at the end the following: + (2) by adding at the end the following: ``(b) Priority.--In providing assistance under subsection (a), the Commissioner shall give priority to any application described in section 803(b)(2).''. (c) Authorization of Appropriations.--Section 816 of the Native American Programs Act of 1974 (42 U.S.C. 2992d) is amended-- - (1) by striking ``803(d)'' each place it appears and - inserting ``803(e)''; and - (2) in subsection (a)-- - (A) by striking ``such sums as may be necessary'' - and inserting ``$34,000,000''; and - (B) by striking ``1999, 2000, 2001, and 2002'' and - inserting ``2020 through 2024''. + (1) by striking ``803(d)'' each place it appears and inserting + ``803(e)''; and + (2) in subsection (a)-- + (A) by striking ``such sums as may be necessary'' and + inserting ``$34,000,000''; and + (B) by striking ``1999, 2000, 2001, and 2002'' and + inserting ``2021 through 2025''. (d) Conforming and Technical Amendments.--The Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.) is amended-- - (1) by striking ``tribe'' each place the term appears and - inserting ``Tribe''; - (2) by striking ``tribes'' each place the term appears and - inserting ``Tribes''; and - (3) by striking ``tribal'' each place the term appears and - inserting ``Tribal''. + (1) by striking ``tribe'' each place the term appears and + inserting ``Tribe''; + (2) by striking ``tribes'' each place the term appears and + inserting ``Tribes''; and + (3) by striking ``tribal'' each place the term appears and + inserting ``Tribal''. - Passed the Senate June 27, 2019. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 212 - -_______________________________________________________________________ - - AN ACT - -To amend the Native American Business Development, Trade Promotion, and - Tourism Act of 2000, the Buy Indian Act, and the Native American - Programs Act of 1974 to provide industry and economic development - opportunities to Indian communities. + Vice President of the United States and + President of the Senate. From d6f1cb868ed1e1764c2a9eceaf3fbaf6001e3abc Mon Sep 17 00:00:00 2001 From: "Sen. Cantwell, Maria [D-WA]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 694/984] Senate-216: Introduced to Senate --- bills_text/Senate-216.txt | 271 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 271 insertions(+) create mode 100644 bills_text/Senate-216.txt diff --git a/bills_text/Senate-216.txt b/bills_text/Senate-216.txt new file mode 100644 index 0000000..f84af74 --- /dev/null +++ b/bills_text/Senate-216.txt @@ -0,0 +1,271 @@ +116th CONGRESS + 1st Session + S. 216 + + To provide for equitable compensation to the Spokane Tribe of Indians + of the Spokane Reservation for the use of tribal land for the + production of hydropower by the Grand Coulee Dam, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 24, 2019 + + Ms. Cantwell (for herself and Mrs. Murray) introduced the following + bill; which was read twice and referred to the Committee on Indian + Affairs + +_______________________________________________________________________ + + A BILL + + + + To provide for equitable compensation to the Spokane Tribe of Indians + of the Spokane Reservation for the use of tribal land for the + production of hydropower by the Grand Coulee Dam, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Spokane Tribe of Indians of the +Spokane Reservation Equitable Compensation Act''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) from 1927 to 1931, at the direction of Congress, the + Corps of Engineers investigated the Columbia River and its + tributaries to determine sites at which power could be produced + at low cost; + (2) under section 10(e) of the Federal Power Act (16 U.S.C. + 803(e)), when licenses are issued involving tribal land within + an Indian reservation, a reasonable annual charge shall be + fixed for the use of the land, subject to the approval of the + Indian tribe having jurisdiction over the land; + (3) in August 1933, the Columbia Basin Commission, an + agency of the State of Washington, received a preliminary + permit from the Federal Power Commission for water power + development at the Grand Coulee site; + (4) had the Columbia Basin Commission or a private entity + developed the site, the Spokane Tribe would have been entitled + to a reasonable annual charge for the use of the land of the + Spokane Tribe; + (5) in the mid-1930s, the Federal Government, which is not + subject to licensing under the Federal Power Act (16 U.S.C. 792 + et seq.)-- + (A) federalized the Grand Coulee Dam project; and + (B) began construction of the Grand Coulee Dam; + (6) when the Grand Coulee Dam project was federalized, the + Federal Government recognized that-- + (A) development of the project affected the + interests of the Spokane Tribe and the Confederated + Tribes of the Colville Reservation; and + (B) it would be appropriate for the Spokane and + Colville Tribes to receive a share of revenue from the + disposition of power produced at Grand Coulee Dam; + (7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), + Congress-- + (A) granted to the United States-- + (i) in aid of the construction, operation, + and maintenance of the Columbia Basin Project, + all the right, title, and interest of the + Spokane Tribe and Colville Tribes in and to the + tribal and allotted land within the Spokane and + Colville Reservations, as designated by the + Secretary of the Interior from time to time; + and + (ii) other interests in that land as + required and as designated by the Secretary for + certain construction activities undertaken in + connection with the project; and + (B) provided that compensation for the land and + other interests was to be determined by the Secretary + in such amounts as the Secretary determined to be just + and equitable; + (8) pursuant to that Act, the Secretary paid-- + (A) to the Spokane Tribe, $4,700; and + (B) to the Confederated Tribes of the Colville + Reservation, $63,000; + (9) in 1994, following litigation under the Act of August + 13, 1946 (commonly known as the ``Indian Claims Commission + Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et + seq.)), Congress ratified the Colville Settlement Agreement, + which required-- + (A) for past use of the land of the Colville + Tribes, a payment of $53,000,000; and + (B) for continued use of the land of the Colville + Tribes, annual payments of $15,250,000, adjusted + annually based on revenues from the sale of electric + power from the Grand Coulee Dam project and + transmission of that power by the Bonneville Power + Administration; + (10) the Spokane Tribe, having suffered harm similar to + that suffered by the Colville Tribes, did not file a claim + within the 5-year statute of limitations under the Indian + Claims Commission Act; + (11) neither the Colville Tribes nor the Spokane Tribe + filed claims for compensation for use of the land of the + respective tribes with the Commission prior to August 13, 1951, + but both tribes filed unrelated land claims prior to August 13, + 1951; + (12) in 1976, over objections by the United States, the + Colville Tribes were successful in amending the 1951 Claims + Commission land claims to add the Grand Coulee claim of the + Colville Tribes; + (13) the Spokane Tribe had no such claim to amend, having + settled the Claims Commission land claims of the Spokane Tribe + with the United States in 1967; + (14) the Spokane Tribe has suffered significant harm from + the construction and operation of Grand Coulee Dam; + (15) Spokane tribal acreage taken by the United States for + the construction of Grand Coulee Dam equaled approximately 39 + percent of Colville tribal acreage taken for construction of + the dam; + (16) the payments and delegation made pursuant to this Act + constitute fair and equitable compensation for the past and + continued use of Spokane tribal land for the production of + hydropower at Grand Coulee Dam; and + (17) by vote of the Spokane tribal membership, the Spokane + Tribe has resolved that the payments and delegation made + pursuant to this Act constitute fair and equitable compensation + for the past and continued use of Spokane tribal land for the + production of hydropower at Grand Coulee Dam. + +SEC. 3. PURPOSE. + + The purpose of this Act is to provide fair and equitable +compensation to the Spokane Tribe for the use of the land of the +Spokane Tribe for the generation of hydropower by the Grand Coulee Dam. + +SEC. 4. DEFINITIONS. + + In this Act: + (1) Administrator.--The term ``Administrator'' means the + Administrator of the Bonneville Power Administration or the + head of any successor agency, corporation, or entity that + markets power produced at Grand Coulee Dam. + (2) Colville settlement agreement.--The term ``Colville + Settlement Agreement'' means the Settlement Agreement entered + into between the United States and the Colville Tribes, signed + by the United States on April 21, 1994, and by the Colville + Tribes on April 16, 1994, to settle the claims of the Colville + Tribes in Docket 181-D of the Indian Claims Commission, which + docket was transferred to the United States Court of Federal + Claims. + (3) Colville tribes.--The term ``Colville Tribes'' means + the Confederated Tribes of the Colville Reservation. + (4) Computed annual payment.--The term ``Computed Annual + Payment'' means the payment calculated under paragraph 2.b. of + the Colville Settlement Agreement, without regard to any + increase or decrease in the payment under section 2.d. of the + agreement. + (5) Confederated tribes act.--The term ``Confederated + Tribes Act'' means the Confederated Tribes of the Colville + Reservation Grand Coulee Dam Settlement Act (Public Law 103- + 436; 108 Stat. 4577). + (6) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (7) Spokane business council.--The term ``Spokane Business + Council'' means the governing body of the Spokane Tribe under + the constitution of the Spokane Tribe. + (8) Spokane tribe.--The term ``Spokane Tribe'' means the + Spokane Tribe of Indians of the Spokane Reservation, + Washington. + +SEC. 5. PAYMENTS BY ADMINISTRATOR. + + (a) Initial Payment.--On March 1, 2022, the Administrator shall pay +to the Spokane Tribe an amount equal to 25 percent of the Computed +Annual Payment for fiscal year 2021. + (b) Subsequent Payments.-- + (1) In general.--Not later than March 1, 2023, and March 1 + of each year thereafter through March 1, 2029, the + Administrator shall pay the Spokane Tribe an amount equal to 25 + percent of the Computed Annual Payment for the preceding fiscal + year. + (2) March 1, 2030, and subsequent years.--Not later than + March 1, 2030, and March 1 of each year thereafter, the + Administrator shall pay the Spokane Tribe an amount equal to 32 + percent of the Computed Annual Payment for the preceding fiscal + year. + +SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID. + + (a) Use of Payments.--Payments made to the Spokane Business Council +or Spokane Tribe under section 5 may be used or invested by the Spokane +Business Council in the same manner and for the same purposes as other +Spokane Tribe governmental amounts. + (b) No Trust Responsibility of the Secretary.--Neither the +Secretary nor the Administrator shall have any trust responsibility for +the investment, supervision, administration, or expenditure of any +amounts after the date on which the funds are paid to the Spokane +Business Council or Spokane Tribe under section 5. + (c) Treatment of Funds for Certain Purposes.--The payments of all +amounts to the Spokane Business Council and Spokane Tribe under section +5, and the interest and income generated by those amounts, shall be +treated in the same manner as payments under section 6 of the Saginaw +Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act +(100 Stat. 677). + (d) Tribal Audit.--After the date on which amounts are paid to the +Spokane Business Council or Spokane Tribe under section 5, the amounts +shall-- + (1) constitute Spokane Tribe governmental amounts; and + (2) be subject to an annual tribal government audit. + +SEC. 7. REPAYMENT CREDIT. + + (a) In General.--The Administrator shall deduct from the interest +payable to the Secretary of the Treasury from net proceeds (as defined +in section 13 of the Federal Columbia River Transmission System Act (16 +U.S.C. 838k))-- + (1) in fiscal year 2030, $2,700,000; and + (2) in each subsequent fiscal year in which the + Administrator makes a payment under section 5, $2,700,000. + (b) Crediting.-- + (1) In general.--Except as provided in paragraphs (2) and + (3), each deduction made under this section for the fiscal year + shall be-- + (A) a credit to the interest payments otherwise + payable by the Administrator to the Secretary of the + Treasury during the fiscal year in which the deduction + is made; and + (B) allocated pro rata to all interest payments on + debt associated with the generation function of the + Federal Columbia River Power System that are due during + the fiscal year. + (2) Deduction greater than amount of interest.--If, in an + applicable fiscal year under paragraph (1), the deduction is + greater than the amount of interest due on debt associated with + the generation function for the fiscal year, the amount of the + deduction that exceeds the interest due on debt associated with + the generation function shall be allocated pro rata to all + other interest payments due during the fiscal year. + (3) Credit.--To the extent that a deduction exceeds the + total amount of interest described in paragraphs (1) and (2), + the deduction shall be applied as a credit against any other + payments that the Administrator makes to the Secretary of the + Treasury. + +SEC. 8. EXTINGUISHMENT OF CLAIMS. + + On the date that payment under section 5(a) is made to the Spokane +Tribe, all monetary claims that the Spokane Tribe has or may have +against the United States to a fair share of the annual hydropower +revenues generated by the Grand Coulee Dam project for the past and +continued use of land of the Spokane Tribe for the production of +hydropower at Grand Coulee Dam shall be extinguished. + +SEC. 9. ADMINISTRATION. + + Nothing in this Act establishes any precedent or is binding on the +Southwestern Power Administration, Western Area Power Administration, +or Southeastern Power Administration. + \ No newline at end of file From 716917ec805575a411f37aa5e83aa90213def4ae Mon Sep 17 00:00:00 2001 From: "Sen. Cantwell, Maria [D-WA]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 695/984] Senate-216: Engrossed in Senate --- bills_text/Senate-216.txt | 40 ++++++++++++++++++++------------------- 1 file changed, 21 insertions(+), 19 deletions(-) diff --git a/bills_text/Senate-216.txt b/bills_text/Senate-216.txt index f84af74..13c6d13 100644 --- a/bills_text/Senate-216.txt +++ b/bills_text/Senate-216.txt @@ -2,26 +2,9 @@ 1st Session S. 216 - To provide for equitable compensation to the Spokane Tribe of Indians - of the Spokane Reservation for the use of tribal land for the - production of hydropower by the Grand Coulee Dam, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - January 24, 2019 - - Ms. Cantwell (for herself and Mrs. Murray) introduced the following - bill; which was read twice and referred to the Committee on Indian - Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -268,4 +251,23 @@ SEC. 9. ADMINISTRATION. Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration. - \ No newline at end of file + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 216 + +_______________________________________________________________________ + + AN ACT + + To provide for equitable compensation to the Spokane Tribe of Indians + of the Spokane Reservation for the use of tribal land for the + production of hydropower by the Grand Coulee Dam, and for other + purposes. From d295b551b7cf663353665f5d261f8637996cbc5e Mon Sep 17 00:00:00 2001 From: "Sen. Cantwell, Maria [D-WA]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 696/984] Senate-216: Enrolled --- bills_text/Senate-216.txt | 379 +++++++++++++++++--------------------- 1 file changed, 168 insertions(+), 211 deletions(-) diff --git a/bills_text/Senate-216.txt b/bills_text/Senate-216.txt index 13c6d13..e3d1093 100644 --- a/bills_text/Senate-216.txt +++ b/bills_text/Senate-216.txt @@ -1,187 +1,168 @@ -116th CONGRESS - 1st Session - S. 216 + S.216 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To provide for equitable compensation to the Spokane Tribe of Indians - of the Spokane Reservation for the use of tribal land for the - production of hydropower by the Grand Coulee Dam, and for other - purposes. +To provide for equitable compensation to the Spokane Tribe of Indians of +the Spokane Reservation for the use of tribal land for the production of + hydropower by the Grand Coulee Dam, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act''. - SEC. 2. FINDINGS. - Congress finds that-- - (1) from 1927 to 1931, at the direction of Congress, the - Corps of Engineers investigated the Columbia River and its - tributaries to determine sites at which power could be produced - at low cost; - (2) under section 10(e) of the Federal Power Act (16 U.S.C. - 803(e)), when licenses are issued involving tribal land within - an Indian reservation, a reasonable annual charge shall be - fixed for the use of the land, subject to the approval of the - Indian tribe having jurisdiction over the land; - (3) in August 1933, the Columbia Basin Commission, an - agency of the State of Washington, received a preliminary - permit from the Federal Power Commission for water power - development at the Grand Coulee site; - (4) had the Columbia Basin Commission or a private entity - developed the site, the Spokane Tribe would have been entitled - to a reasonable annual charge for the use of the land of the - Spokane Tribe; - (5) in the mid-1930s, the Federal Government, which is not - subject to licensing under the Federal Power Act (16 U.S.C. 792 - et seq.)-- - (A) federalized the Grand Coulee Dam project; and - (B) began construction of the Grand Coulee Dam; - (6) when the Grand Coulee Dam project was federalized, the - Federal Government recognized that-- - (A) development of the project affected the - interests of the Spokane Tribe and the Confederated - Tribes of the Colville Reservation; and - (B) it would be appropriate for the Spokane and - Colville Tribes to receive a share of revenue from the - disposition of power produced at Grand Coulee Dam; - (7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), - Congress-- - (A) granted to the United States-- - (i) in aid of the construction, operation, - and maintenance of the Columbia Basin Project, - all the right, title, and interest of the - Spokane Tribe and Colville Tribes in and to the - tribal and allotted land within the Spokane and - Colville Reservations, as designated by the - Secretary of the Interior from time to time; - and - (ii) other interests in that land as - required and as designated by the Secretary for - certain construction activities undertaken in - connection with the project; and - (B) provided that compensation for the land and - other interests was to be determined by the Secretary - in such amounts as the Secretary determined to be just - and equitable; - (8) pursuant to that Act, the Secretary paid-- - (A) to the Spokane Tribe, $4,700; and - (B) to the Confederated Tribes of the Colville - Reservation, $63,000; - (9) in 1994, following litigation under the Act of August - 13, 1946 (commonly known as the ``Indian Claims Commission - Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et - seq.)), Congress ratified the Colville Settlement Agreement, - which required-- - (A) for past use of the land of the Colville - Tribes, a payment of $53,000,000; and - (B) for continued use of the land of the Colville - Tribes, annual payments of $15,250,000, adjusted - annually based on revenues from the sale of electric - power from the Grand Coulee Dam project and - transmission of that power by the Bonneville Power - Administration; - (10) the Spokane Tribe, having suffered harm similar to - that suffered by the Colville Tribes, did not file a claim - within the 5-year statute of limitations under the Indian - Claims Commission Act; - (11) neither the Colville Tribes nor the Spokane Tribe - filed claims for compensation for use of the land of the - respective tribes with the Commission prior to August 13, 1951, - but both tribes filed unrelated land claims prior to August 13, - 1951; - (12) in 1976, over objections by the United States, the - Colville Tribes were successful in amending the 1951 Claims - Commission land claims to add the Grand Coulee claim of the - Colville Tribes; - (13) the Spokane Tribe had no such claim to amend, having - settled the Claims Commission land claims of the Spokane Tribe - with the United States in 1967; - (14) the Spokane Tribe has suffered significant harm from - the construction and operation of Grand Coulee Dam; - (15) Spokane tribal acreage taken by the United States for - the construction of Grand Coulee Dam equaled approximately 39 - percent of Colville tribal acreage taken for construction of - the dam; - (16) the payments and delegation made pursuant to this Act - constitute fair and equitable compensation for the past and - continued use of Spokane tribal land for the production of - hydropower at Grand Coulee Dam; and - (17) by vote of the Spokane tribal membership, the Spokane - Tribe has resolved that the payments and delegation made - pursuant to this Act constitute fair and equitable compensation - for the past and continued use of Spokane tribal land for the - production of hydropower at Grand Coulee Dam. - + (1) from 1927 to 1931, at the direction of Congress, the Corps + of Engineers investigated the Columbia River and its tributaries to + determine sites at which power could be produced at low cost; + (2) under section 10(e) of the Federal Power Act (16 U.S.C. + 803(e)), when licenses are issued involving tribal land within an + Indian reservation, a reasonable annual charge shall be fixed for + the use of the land, subject to the approval of the Indian tribe + having jurisdiction over the land; + (3) in August 1933, the Columbia Basin Commission, an agency of + the State of Washington, received a preliminary permit from the + Federal Power Commission for water power development at the Grand + Coulee site; + (4) had the Columbia Basin Commission or a private entity + developed the site, the Spokane Tribe would have been entitled to a + reasonable annual charge for the use of the land of the Spokane + Tribe; + (5) in the mid-1930s, the Federal Government, which is not + subject to licensing under the Federal Power Act (16 U.S.C. 792 et + seq.)-- + (A) federalized the Grand Coulee Dam project; and + (B) began construction of the Grand Coulee Dam; + (6) when the Grand Coulee Dam project was federalized, the + Federal Government recognized that-- + (A) development of the project affected the interests of + the Spokane Tribe and the Confederated Tribes of the Colville + Reservation; and + (B) it would be appropriate for the Spokane and Colville + Tribes to receive a share of revenue from the disposition of + power produced at Grand Coulee Dam; + (7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), + Congress-- + (A) granted to the United States-- + (i) in aid of the construction, operation, and + maintenance of the Columbia Basin Project, all the right, + title, and interest of the Spokane Tribe and Colville + Tribes in and to the tribal and allotted land within the + Spokane and Colville Reservations, as designated by the + Secretary of the Interior from time to time; and + (ii) other interests in that land as required and as + designated by the Secretary for certain construction + activities undertaken in connection with the project; and + (B) provided that compensation for the land and other + interests was to be determined by the Secretary in such amounts + as the Secretary determined to be just and equitable; + (8) pursuant to that Act, the Secretary paid-- + (A) to the Spokane Tribe, $4,700; and + (B) to the Confederated Tribes of the Colville Reservation, + $63,000; + (9) in 1994, following litigation under the Act of August 13, + 1946 (commonly known as the ``Indian Claims Commission Act'' (60 + Stat. 1049, chapter 959; former 25 U.S.C. 70 et seq.)), Congress + ratified the Colville Settlement Agreement, which required-- + (A) for past use of the land of the Colville Tribes, a + payment of $53,000,000; and + (B) for continued use of the land of the Colville Tribes, + annual payments of $15,250,000, adjusted annually based on + revenues from the sale of electric power from the Grand Coulee + Dam project and transmission of that power by the Bonneville + Power Administration; + (10) the Spokane Tribe, having suffered harm similar to that + suffered by the Colville Tribes, did not file a claim within the 5- + year statute of limitations under the Indian Claims Commission Act; + (11) neither the Colville Tribes nor the Spokane Tribe filed + claims for compensation for use of the land of the respective + tribes with the Commission prior to August 13, 1951, but both + tribes filed unrelated land claims prior to August 13, 1951; + (12) in 1976, over objections by the United States, the + Colville Tribes were successful in amending the 1951 Claims + Commission land claims to add the Grand Coulee claim of the + Colville Tribes; + (13) the Spokane Tribe had no such claim to amend, having + settled the Claims Commission land claims of the Spokane Tribe with + the United States in 1967; + (14) the Spokane Tribe has suffered significant harm from the + construction and operation of Grand Coulee Dam; + (15) Spokane tribal acreage taken by the United States for the + construction of Grand Coulee Dam equaled approximately 39 percent + of Colville tribal acreage taken for construction of the dam; + (16) the payments and delegation made pursuant to this Act + constitute fair and equitable compensation for the past and + continued use of Spokane tribal land for the production of + hydropower at Grand Coulee Dam; and + (17) by vote of the Spokane tribal membership, the Spokane + Tribe has resolved that the payments and delegation made pursuant + to this Act constitute fair and equitable compensation for the past + and continued use of Spokane tribal land for the production of + hydropower at Grand Coulee Dam. SEC. 3. PURPOSE. - The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe for the use of the land of the Spokane Tribe for the generation of hydropower by the Grand Coulee Dam. - SEC. 4. DEFINITIONS. - In this Act: - (1) Administrator.--The term ``Administrator'' means the - Administrator of the Bonneville Power Administration or the - head of any successor agency, corporation, or entity that - markets power produced at Grand Coulee Dam. - (2) Colville settlement agreement.--The term ``Colville - Settlement Agreement'' means the Settlement Agreement entered - into between the United States and the Colville Tribes, signed - by the United States on April 21, 1994, and by the Colville - Tribes on April 16, 1994, to settle the claims of the Colville - Tribes in Docket 181-D of the Indian Claims Commission, which - docket was transferred to the United States Court of Federal - Claims. - (3) Colville tribes.--The term ``Colville Tribes'' means - the Confederated Tribes of the Colville Reservation. - (4) Computed annual payment.--The term ``Computed Annual - Payment'' means the payment calculated under paragraph 2.b. of - the Colville Settlement Agreement, without regard to any - increase or decrease in the payment under section 2.d. of the - agreement. - (5) Confederated tribes act.--The term ``Confederated - Tribes Act'' means the Confederated Tribes of the Colville - Reservation Grand Coulee Dam Settlement Act (Public Law 103- - 436; 108 Stat. 4577). - (6) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - (7) Spokane business council.--The term ``Spokane Business - Council'' means the governing body of the Spokane Tribe under - the constitution of the Spokane Tribe. - (8) Spokane tribe.--The term ``Spokane Tribe'' means the - Spokane Tribe of Indians of the Spokane Reservation, - Washington. - + (1) Administrator.--The term ``Administrator'' means the + Administrator of the Bonneville Power Administration or the head of + any successor agency, corporation, or entity that markets power + produced at Grand Coulee Dam. + (2) Colville settlement agreement.--The term ``Colville + Settlement Agreement'' means the Settlement Agreement entered into + between the United States and the Colville Tribes, signed by the + United States on April 21, 1994, and by the Colville Tribes on + April 16, 1994, to settle the claims of the Colville Tribes in + Docket 181-D of the Indian Claims Commission, which docket was + transferred to the United States Court of Federal Claims. + (3) Colville tribes.--The term ``Colville Tribes'' means the + Confederated Tribes of the Colville Reservation. + (4) Computed annual payment.--The term ``Computed Annual + Payment'' means the payment calculated under paragraph 2.b. of the + Colville Settlement Agreement, without regard to any increase or + decrease in the payment under section 2.d. of the agreement. + (5) Confederated tribes act.--The term ``Confederated Tribes + Act'' means the Confederated Tribes of the Colville Reservation + Grand Coulee Dam Settlement Act (Public Law 103-436; 108 Stat. + 4577). + (6) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. + (7) Spokane business council.--The term ``Spokane Business + Council'' means the governing body of the Spokane Tribe under the + constitution of the Spokane Tribe. + (8) Spokane tribe.--The term ``Spokane Tribe'' means the + Spokane Tribe of Indians of the Spokane Reservation, Washington. SEC. 5. PAYMENTS BY ADMINISTRATOR. - (a) Initial Payment.--On March 1, 2022, the Administrator shall pay to the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for fiscal year 2021. (b) Subsequent Payments.-- - (1) In general.--Not later than March 1, 2023, and March 1 - of each year thereafter through March 1, 2029, the - Administrator shall pay the Spokane Tribe an amount equal to 25 - percent of the Computed Annual Payment for the preceding fiscal - year. - (2) March 1, 2030, and subsequent years.--Not later than - March 1, 2030, and March 1 of each year thereafter, the - Administrator shall pay the Spokane Tribe an amount equal to 32 - percent of the Computed Annual Payment for the preceding fiscal - year. - + (1) In general.--Not later than March 1, 2023, and March 1 of + each year thereafter through March 1, 2029, the Administrator shall + pay the Spokane Tribe an amount equal to 25 percent of the Computed + Annual Payment for the preceding fiscal year. + (2) March 1, 2030, and subsequent years.--Not later than March + 1, 2030, and March 1 of each year thereafter, the Administrator + shall pay the Spokane Tribe an amount equal to 32 percent of the + Computed Annual Payment for the preceding fiscal year. SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID. - (a) Use of Payments.--Payments made to the Spokane Business Council or Spokane Tribe under section 5 may be used or invested by the Spokane Business Council in the same manner and for the same purposes as other @@ -200,74 +181,50 @@ Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (d) Tribal Audit.--After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5, the amounts shall-- - (1) constitute Spokane Tribe governmental amounts; and - (2) be subject to an annual tribal government audit. - + (1) constitute Spokane Tribe governmental amounts; and + (2) be subject to an annual tribal government audit. SEC. 7. REPAYMENT CREDIT. - (a) In General.--The Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k))-- - (1) in fiscal year 2030, $2,700,000; and - (2) in each subsequent fiscal year in which the - Administrator makes a payment under section 5, $2,700,000. + (1) in fiscal year 2030, $2,700,000; and + (2) in each subsequent fiscal year in which the Administrator + makes a payment under section 5, $2,700,000. (b) Crediting.-- - (1) In general.--Except as provided in paragraphs (2) and - (3), each deduction made under this section for the fiscal year - shall be-- - (A) a credit to the interest payments otherwise - payable by the Administrator to the Secretary of the - Treasury during the fiscal year in which the deduction - is made; and - (B) allocated pro rata to all interest payments on - debt associated with the generation function of the - Federal Columbia River Power System that are due during - the fiscal year. - (2) Deduction greater than amount of interest.--If, in an - applicable fiscal year under paragraph (1), the deduction is - greater than the amount of interest due on debt associated with - the generation function for the fiscal year, the amount of the - deduction that exceeds the interest due on debt associated with - the generation function shall be allocated pro rata to all - other interest payments due during the fiscal year. - (3) Credit.--To the extent that a deduction exceeds the - total amount of interest described in paragraphs (1) and (2), - the deduction shall be applied as a credit against any other - payments that the Administrator makes to the Secretary of the - Treasury. - + (1) In general.--Except as provided in paragraphs (2) and (3), + each deduction made under this section for the fiscal year shall + be-- + (A) a credit to the interest payments otherwise payable by + the Administrator to the Secretary of the Treasury during the + fiscal year in which the deduction is made; and + (B) allocated pro rata to all interest payments on debt + associated with the generation function of the Federal Columbia + River Power System that are due during the fiscal year. + (2) Deduction greater than amount of interest.--If, in an + applicable fiscal year under paragraph (1), the deduction is + greater than the amount of interest due on debt associated with the + generation function for the fiscal year, the amount of the + deduction that exceeds the interest due on debt associated with the + generation function shall be allocated pro rata to all other + interest payments due during the fiscal year. + (3) Credit.--To the extent that a deduction exceeds the total + amount of interest described in paragraphs (1) and (2), the + deduction shall be applied as a credit against any other payments + that the Administrator makes to the Secretary of the Treasury. SEC. 8. EXTINGUISHMENT OF CLAIMS. - On the date that payment under section 5(a) is made to the Spokane Tribe, all monetary claims that the Spokane Tribe has or may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam shall be extinguished. - SEC. 9. ADMINISTRATION. - Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration. - Passed the Senate June 27, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 216 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To provide for equitable compensation to the Spokane Tribe of Indians - of the Spokane Reservation for the use of tribal land for the - production of hydropower by the Grand Coulee Dam, and for other - purposes. + Vice President of the United States and + President of the Senate. From 790302250337b00fbe3757e2e04fb4feef6ea07f Mon Sep 17 00:00:00 2001 From: "Sen. Murkowski, Lisa [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 697/984] Senate-227: Introduced to Senate --- bills_text/Senate-227.txt | 333 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 333 insertions(+) create mode 100644 bills_text/Senate-227.txt diff --git a/bills_text/Senate-227.txt b/bills_text/Senate-227.txt new file mode 100644 index 0000000..e1aa4ad --- /dev/null +++ b/bills_text/Senate-227.txt @@ -0,0 +1,333 @@ +116th CONGRESS + 1st Session + S. 227 + + To direct the Attorney General to review, revise, and develop law + enforcement and justice protocols appropriate to address missing and + murdered Indians, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 25 (legislative day, January 24), 2019 + + Ms. Murkowski (for herself, Ms. Cortez Masto, Ms. Cantwell, Mr. + Sullivan, Mr. Coons, Mr. Cramer, Mr. Udall, Mr. Tester, Mr. Heinrich, +Mr. Tillis, Mr. Merkley, and Mr. Hoeven) introduced the following bill; + which was read twice and referred to the Committee on Indian Affairs + +_______________________________________________________________________ + + A BILL + + + + To direct the Attorney General to review, revise, and develop law + enforcement and justice protocols appropriate to address missing and + murdered Indians, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as ``Savanna's Act''. + +SEC. 2. FINDINGS AND PURPOSES. + + (a) Findings.--Congress finds the following: + (1) On some reservations, Indian women are murdered at more + than 10 times the national average. + (2) American Indians and Alaska Natives are 2.5 times as + likely to experience violent crimes--and at least 2 times more + likely to experience rape or sexual assault crimes--compared to + all other races according to the National Congress of American + Indians. + (3) More than 4 in 5 American Indian and Alaska Native + women, or 84.3 percent, have experienced violence in their + lifetime according to the National Institute of Justice. + (4) More than 4 in 5 American Indian and Alaska Native men, + or 81.6 percent, have experienced violence in their lifetime + according to the National Institute of Justice. + (5) According to the Centers for Disease Control and + Prevention, homicide is the third leading cause of death among + American Indian and Alaska Native women between 10 and 24 years + of age and the fifth leading cause of death for American Indian + and Alaska Native women between 25 and 34 years of age. + (6) Investigation into cases of missing and murdered Indian + women is made difficult for Tribal law enforcement agencies due + to a lack of resources, such as-- + (A) necessary training, equipment, or funding; + (B) a lack of interagency cooperation; and + (C) a lack of appropriate laws in place. + (7) The complicated jurisdictional scheme that exists in + Indian country-- + (A) has a significant negative impact on the + ability to provide public safety to Indian communities; + (B) has been increasingly exploited by criminals; + and + (C) requires a high degree of commitment and + cooperation among Tribal, Federal, and State law + enforcement officials. + (b) Purposes.--The purposes of this Act are-- + (1) to clarify the responsibilities of Federal, State, + Tribal, and local law enforcement agencies with respect to + responding to cases of missing and murdered Indians; + (2) to increase coordination and communication among + Federal, State, Tribal, and local law enforcement agencies, + including medical examiner and coroner offices; + (3) to empower Tribal governments with the resources and + information necessary to effectively respond to cases of + missing and murdered Indians; and + (4) to increase the collection of data related to missing + and murdered Indian men and women and the sharing of + information among Federal, State, and Tribal officials + responsible for responding to and investigating cases of + missing and murdered Indians. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Databases.--The term ``databases'' means-- + (A) the National Crime Information Center database; + (B) the Combined DNA Index System; + (C) the Next Generation Identification System; and + (D) any other database relevant to responding to + cases of missing and murdered Indians, including that + under the Violent Criminal Apprehension Program and the + National Missing and Unidentified Persons System. + (2) Indian.--The term ``Indian'' means a member of an + Indian Tribe. + (3) Indian country.--The term ``Indian country'' has the + meaning given the term in section 1151 of title 18, United + States Code. + (4) Indian land.--The term ``Indian land'' means-- + (A) Indian lands, as defined in section 3 of the + Native American Business Development, Trade Promotion, + and Tourism Act of 2000 (25 U.S.C. 4302); and + (B) land owned by a Regional Corporation or Village + Corporation, as such terms are defined in section 3 of + the Alaska Native Claims Settlement Act (43 U.S.C. + 1602). + (5) Indian tribe.--The term ``Indian Tribe'' has the + meaning given the term ``Indian tribe'' in section 4 of the + Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304). + (6) Law enforcement agency.--The term ``law enforcement + agency'' means a Tribal, Federal, State, or local law + enforcement agency. + +SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES. + + (a) Tribal Enrollment Information.--The Attorney General shall +provide training to law enforcement agencies regarding how to record +the Tribal enrollment information or affiliation, as appropriate, of a +victim in Federal databases. + (b) Consultation.-- + (1) Consultation.--Not later than 180 days after the date + of enactment of this Act, the Attorney General, in cooperation + with the Secretary of the Interior, shall complete a formal + consultation with Indian Tribes on how to further improve + Tribal data relevance and access to databases. + (2) Annual consultation.--Section 903(b) of the Violence + Against Women and Department of Justice Reauthorization Act of + 2005 (34 U.S.C. 20126) is amended-- + (A) by striking paragraph (2) and inserting the + following: + ``(2) enhancing the safety of Indian women from domestic + violence, dating violence, sexual assault, homicide, stalking, + and sex trafficking;''; + (B) in paragraph (3), by striking the period at the + end and inserting ``; and''; and + (C) by adding at the end the following: + ``(4) improving access to local, regional, State, and + Federal crime information databases and criminal justice + information systems.''. + (c) Notification.--Not later than 180 days after the date of +enactment of this Act, the Attorney General shall-- + (1) develop and implement a dissemination strategy to + notify United States citizens of the National Missing and + Unidentified Persons System; and + (2) conduct specific outreach to Indian Tribes regarding + the ability to publicly enter information, through the National + Missing and Unidentified Persons System or other non-law + enforcement sensitive portal, regarding missing persons, which + may include family members and other known acquaintances. + +SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING AND MURDERED + INDIANS. + + (a) In General.--Not later than 180 days after the date on which +the consultation described in section 4(b)(1) is completed, the +Attorney General shall direct United States attorneys with jurisdiction +to prosecute crimes in Indian country under sections 1152 and 1153 of +title 18, United States Code, or any other provision of law, as part of +the annual consultations on sexual violence by United States attorneys +with Indian Tribes and Federal partners, to develop guidelines to +respond to cases of missing and murdered Indians that shall include-- + (1) guidelines on inter-jurisdictional cooperation among + law enforcement agencies at the Tribal, Federal, State, and + local levels, including inter-jurisdictional enforcement of + protection orders and detailing specific responsibilities of + each law enforcement agency; + (2) best practices in conducting searches for missing + persons on Indian land; + (3) standards on the collection, reporting, and analysis of + data and information on missing persons and unidentified human + remains, and information on culturally appropriate + identification and handling of human remains identified as + Indian, including guidance stating that all appropriate + information related to missing and murdered Indians be entered + in a timely manner into applicable databases; + (4) guidance on which law enforcement agency is responsible + for inputting information into appropriate databases under + paragraph (3) if the Tribal law enforcement agency does not + have access to those appropriate databases; + (5) guidelines on improving law enforcement agency response + rates and follow-up responses to cases of missing and murdered + Indians; and + (6) guidelines on ensuring access to culturally appropriate + victim services for victims and their families. + (b) Consultation.--United States attorneys shall develop the +guidelines required under subsection (a) in consultation with Indian +Tribes and other Federal partners, including-- + (1) the Department of Justice; + (2) the Federal Bureau of Investigation; + (3) the Bureau of Indian Affairs; + (4) Tribal, State, and local law enforcement agencies; + (5) medical examiners; + (6) coroners; and + (7) Tribal, State, and local organizations that provide + victim services. + (c) Compliance.-- + (1) In general.--Not later than 60 days after the next + sexual violence response annual consultation occurs in each + region after the date of enactment of this Act, the United + States attorneys shall modify the sexual violence response + guidelines to incorporate the guidelines developed under + subsection (a) and implement such modified guidelines. + (2) Modification.--Each Federal law enforcement agency + shall modify the guidelines, policies, and protocols of the + agency to incorporate the guidelines developed under subsection + (a). + (3) Determination.--Not later than the end of each fiscal + year beginning after the date the guidelines are established + under this section and incorporated under this subsection, the + Attorney General shall determine whether each Tribal, State, + and local law enforcement agency has incorporated guidelines + into their respective guidelines, policies, and protocols. + (4) Preference.--For each of fiscal years 2019 through + 2023, for the fiscal year in which a grant was solicited, the + Attorney General shall give affirmative preference to all + National Institute of Justice and Office for Victims of Crime + discretionary grant applications of a Tribal, State, or local + law enforcement agency, or applications submitted on behalf of + such law enforcement agencies by a local, State, or Tribal + government, if the Attorney General has determined under + paragraph (3) that the agency has incorporated the guidelines. + (d) Accountability.--Not later than 30 days after compliance +determinations are made each fiscal year in accordance with subsection +(c)(3), the Attorney General shall-- + (1) disclose and publish, including on the website of the + Department of Justice, the name of each Tribal, State, or local + law enforcement agency that the Attorney General has determined + has not incorporated guidelines in accordance with subsection + (c)(3); and + (2) if a law enforcement agency described in paragraph (1) + subsequently receives a determination of compliance, the + Attorney General shall-- + (A) immediately correct the applicable record; and + (B) not later than 3 days after the determination, + remove the record from the website of the Department of + Justice and any other location where the record was + published. + (e) Training and Technical Assistance.--The Attorney General shall +use the National Indian Country Training Initiative to provide training +and technical assistance to Indian Tribes and law enforcement agencies +on-- + (1) implementing the guidelines developed under subsection + (a) or developing and implementing locally specific guidelines + or protocols for responding to cases of missing and murdered + Indians; and + (2) using the National Missing and Unidentified Persons + System and accessing program services that will assist Indian + Tribes with responding to cases of missing and murdered + Indians. + +SEC. 6. ANNUAL REPORTING REQUIREMENTS. + + (a) Annual Reporting.--Beginning in the first fiscal year after the +date of enactment of this Act, the Attorney General shall include in +its annual Indian Country Investigations and Prosecutions report to +Congress information that-- + (1) includes known statistics on missing Indians in the + United States, available to the Department of Justice, + including-- + (A) age; + (B) gender; + (C) Tribal enrollment information or affiliation, + if available; + (D) the current number of open cases per State; + (E) the total number of closed cases per State each + calendar year, from the most recent 10 calendar years; + and + (F) other relevant information the Attorney General + determines is appropriate; + (2) includes known statistics on murdered Indians in the + United States, available to the Department of Justice, + including-- + (A) age; + (B) gender; + (C) Tribal enrollment information or affiliation, + if available; + (D) the current number of open cases per State; + (E) the total number of closed cases per State each + calendar year, from the most recent 10 calendar years; + and + (F) other relevant information the Attorney General + determines is appropriate; + (3) maintains victim privacy to the greatest extent + possible by excluding information that can be used on its own + or with other information to identify, contact, or locate a + single person, or to identify an individual in context; and + (4) includes-- + (A) an explanation of why the statistics described + in paragraph (1) may not be comprehensive; and + (B) recommendations on how data collection on + missing and murdered Indians may be improved. + (b) Compliance.-- + (1) In general.--Beginning in the first fiscal year after + the date of enactment of this Act, and annually thereafter, for + the purpose of compiling accurate data for the annual report + required under subsection (a), the Attorney General shall + request all Tribal, State, and local law enforcement agencies + to submit to the Department of Justice, to the fullest extent + possible, all relevant information required, as determined by + the Attorney General. + (2) Disclosure.--The Attorney General shall disclose and + publish annually, including on the website of the Department of + Justice, the name of each Tribal, State, or local law + enforcement agency that the Attorney General has determined has + not submitted the information requested under paragraph (1) for + the fiscal year in which the report was published. + (3) Preference.--For each of fiscal years 2019 through + 2023, for the fiscal year in which a grant was solicited, the + Attorney General shall give affirmative preference to all + Department of Justice discretionary grant applications of a + Tribal, State, or local law enforcement agency, or applications + submitted on behalf of such law enforcement agencies by a + local, State, or Tribal government, that would aid in the + implementation of the guidelines developed under section 5 or + help address the issue of missing and murdered Indians, if the + Attorney General has determined the agency has submitted the + information requested under paragraph (1) for the fiscal year + in which the report was published. + (c) Inclusion of Gender in Missing and Unidentified Persons +Statistics.--Beginning in the first calendar year after the date of +enactment of this Act, and annually thereafter, the Federal Bureau of +Investigation shall include gender in its annual statistics on missing +and unidentified persons published on its public website. + \ No newline at end of file From ab1176ca7a7cc3e1d5d5ecf722318947b5b4ec8d Mon Sep 17 00:00:00 2001 From: "Sen. Murkowski, Lisa [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 698/984] Senate-227: Engrossed in Senate --- bills_text/Senate-227.txt | 286 ++++++++++++++++++-------------------- 1 file changed, 137 insertions(+), 149 deletions(-) diff --git a/bills_text/Senate-227.txt b/bills_text/Senate-227.txt index e1aa4ad..079a041 100644 --- a/bills_text/Senate-227.txt +++ b/bills_text/Senate-227.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 227 - To direct the Attorney General to review, revise, and develop law - enforcement and justice protocols appropriate to address missing and - murdered Indians, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - January 25 (legislative day, January 24), 2019 - - Ms. Murkowski (for herself, Ms. Cortez Masto, Ms. Cantwell, Mr. - Sullivan, Mr. Coons, Mr. Cramer, Mr. Udall, Mr. Tester, Mr. Heinrich, -Mr. Tillis, Mr. Merkley, and Mr. Hoeven) introduced the following bill; - which was read twice and referred to the Committee on Indian Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -36,87 +19,52 @@ SECTION 1. SHORT TITLE. This Act may be cited as ``Savanna's Act''. -SEC. 2. FINDINGS AND PURPOSES. +SEC. 2. PURPOSES. - (a) Findings.--Congress finds the following: - (1) On some reservations, Indian women are murdered at more - than 10 times the national average. - (2) American Indians and Alaska Natives are 2.5 times as - likely to experience violent crimes--and at least 2 times more - likely to experience rape or sexual assault crimes--compared to - all other races according to the National Congress of American - Indians. - (3) More than 4 in 5 American Indian and Alaska Native - women, or 84.3 percent, have experienced violence in their - lifetime according to the National Institute of Justice. - (4) More than 4 in 5 American Indian and Alaska Native men, - or 81.6 percent, have experienced violence in their lifetime - according to the National Institute of Justice. - (5) According to the Centers for Disease Control and - Prevention, homicide is the third leading cause of death among - American Indian and Alaska Native women between 10 and 24 years - of age and the fifth leading cause of death for American Indian - and Alaska Native women between 25 and 34 years of age. - (6) Investigation into cases of missing and murdered Indian - women is made difficult for Tribal law enforcement agencies due - to a lack of resources, such as-- - (A) necessary training, equipment, or funding; - (B) a lack of interagency cooperation; and - (C) a lack of appropriate laws in place. - (7) The complicated jurisdictional scheme that exists in - Indian country-- - (A) has a significant negative impact on the - ability to provide public safety to Indian communities; - (B) has been increasingly exploited by criminals; - and - (C) requires a high degree of commitment and - cooperation among Tribal, Federal, and State law - enforcement officials. - (b) Purposes.--The purposes of this Act are-- + The purposes of this Act are-- (1) to clarify the responsibilities of Federal, State, Tribal, and local law enforcement agencies with respect to - responding to cases of missing and murdered Indians; + responding to cases of missing or murdered Indians; (2) to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies, including medical examiner and coroner offices; (3) to empower Tribal governments with the resources and information necessary to effectively respond to cases of - missing and murdered Indians; and + missing or murdered Indians; and (4) to increase the collection of data related to missing - and murdered Indian men and women and the sharing of - information among Federal, State, and Tribal officials - responsible for responding to and investigating cases of - missing and murdered Indians. + or murdered Indian men, women, and children, regardless of + where they reside, and the sharing of information among + Federal, State, and Tribal officials responsible for responding + to and investigating cases of missing or murdered Indians. SEC. 3. DEFINITIONS. In this Act: - (1) Databases.--The term ``databases'' means-- + (1) Confer.--The term ``confer'' has the meaning given the + term in section 514 of the Indian Health Care Improvement Act + (25 U.S.C. 1660d). + (2) Databases.--The term ``databases'' means-- (A) the National Crime Information Center database; (B) the Combined DNA Index System; (C) the Next Generation Identification System; and (D) any other database relevant to responding to - cases of missing and murdered Indians, including that + cases of missing or murdered Indians, including that under the Violent Criminal Apprehension Program and the National Missing and Unidentified Persons System. - (2) Indian.--The term ``Indian'' means a member of an + (3) Indian.--The term ``Indian'' means a member of an Indian Tribe. - (3) Indian country.--The term ``Indian country'' has the + (4) Indian country.--The term ``Indian country'' has the meaning given the term in section 1151 of title 18, United States Code. - (4) Indian land.--The term ``Indian land'' means-- - (A) Indian lands, as defined in section 3 of the - Native American Business Development, Trade Promotion, - and Tourism Act of 2000 (25 U.S.C. 4302); and - (B) land owned by a Regional Corporation or Village - Corporation, as such terms are defined in section 3 of - the Alaska Native Claims Settlement Act (43 U.S.C. - 1602). - (5) Indian tribe.--The term ``Indian Tribe'' has the + (5) Indian land.--The term ``Indian land'' means Indian + lands, as defined in section 3 of the Native American Business + Development, Trade Promotion, and Tourism Act of 2000 (25 + U.S.C. 4302). + (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). - (6) Law enforcement agency.--The term ``law enforcement + (7) Law enforcement agency.--The term ``law enforcement agency'' means a Tribal, Federal, State, or local law enforcement agency. @@ -132,7 +80,13 @@ victim in Federal databases. with the Secretary of the Interior, shall complete a formal consultation with Indian Tribes on how to further improve Tribal data relevance and access to databases. - (2) Annual consultation.--Section 903(b) of the Violence + (2) Initial confer.--Not later than 180 days after the date + of enactment of this Act, the Attorney General, in coordination + with the Secretary of the Interior, shall confer with Tribal + organizations and urban Indian organizations on how to further + improve American Indian and Alaska Native data relevance and + access to databases. + (3) Annual consultation.--Section 903(b) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20126) is amended-- (A) by striking paragraph (2) and inserting the @@ -149,113 +103,112 @@ victim in Federal databases. (c) Notification.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall-- (1) develop and implement a dissemination strategy to - notify United States citizens of the National Missing and - Unidentified Persons System; and - (2) conduct specific outreach to Indian Tribes regarding - the ability to publicly enter information, through the National + educate the public of the National Missing and Unidentified + Persons System; and + (2) conduct specific outreach to Indian Tribes, Tribal + organizations, and urban Indian organizations regarding the + ability to publicly enter information, through the National Missing and Unidentified Persons System or other non-law enforcement sensitive portal, regarding missing persons, which may include family members and other known acquaintances. -SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING AND MURDERED +SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING OR MURDERED INDIANS. - (a) In General.--Not later than 180 days after the date on which -the consultation described in section 4(b)(1) is completed, the -Attorney General shall direct United States attorneys with jurisdiction -to prosecute crimes in Indian country under sections 1152 and 1153 of -title 18, United States Code, or any other provision of law, as part of -the annual consultations on sexual violence by United States attorneys -with Indian Tribes and Federal partners, to develop guidelines to -respond to cases of missing and murdered Indians that shall include-- + (a) In General.--Not later than 60 days after the date on which the +consultation described in section 4(b)(1) is completed, the Attorney +General shall direct United States attorneys to develop regionally +appropriate guidelines to respond to cases of missing or murdered +Indians that shall include-- (1) guidelines on inter-jurisdictional cooperation among law enforcement agencies at the Tribal, Federal, State, and local levels, including inter-jurisdictional enforcement of protection orders and detailing specific responsibilities of each law enforcement agency; (2) best practices in conducting searches for missing - persons on Indian land; + persons on and off Indian land; (3) standards on the collection, reporting, and analysis of data and information on missing persons and unidentified human remains, and information on culturally appropriate identification and handling of human remains identified as Indian, including guidance stating that all appropriate - information related to missing and murdered Indians be entered + information related to missing or murdered Indians be entered in a timely manner into applicable databases; (4) guidance on which law enforcement agency is responsible for inputting information into appropriate databases under paragraph (3) if the Tribal law enforcement agency does not have access to those appropriate databases; (5) guidelines on improving law enforcement agency response - rates and follow-up responses to cases of missing and murdered + rates and follow-up responses to cases of missing or murdered Indians; and (6) guidelines on ensuring access to culturally appropriate victim services for victims and their families. (b) Consultation.--United States attorneys shall develop the guidelines required under subsection (a) in consultation with Indian -Tribes and other Federal partners, including-- +Tribes and other relevant partners, including-- (1) the Department of Justice; (2) the Federal Bureau of Investigation; - (3) the Bureau of Indian Affairs; - (4) Tribal, State, and local law enforcement agencies; - (5) medical examiners; - (6) coroners; and - (7) Tribal, State, and local organizations that provide - victim services. + (3) the Department of the Interior; + (4) the Bureau of Indian Affairs; + (5) Tribal, State, and local law enforcement agencies; + (6) medical examiners; + (7) coroners; + (8) Tribal, State, and local organizations that provide + victim services; and + (9) national, regional, or urban Indian organizations with + relevant expertise. (c) Compliance.-- - (1) In general.--Not later than 60 days after the next - sexual violence response annual consultation occurs in each - region after the date of enactment of this Act, the United - States attorneys shall modify the sexual violence response - guidelines to incorporate the guidelines developed under - subsection (a) and implement such modified guidelines. + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the United States attorneys shall + implement, by incorporating into office policies and + procedures, the guidelines developed under subsection (a). (2) Modification.--Each Federal law enforcement agency shall modify the guidelines, policies, and protocols of the agency to incorporate the guidelines developed under subsection (a). (3) Determination.--Not later than the end of each fiscal year beginning after the date the guidelines are established - under this section and incorporated under this subsection, the - Attorney General shall determine whether each Tribal, State, - and local law enforcement agency has incorporated guidelines - into their respective guidelines, policies, and protocols. - (4) Preference.--For each of fiscal years 2019 through - 2023, for the fiscal year in which a grant was solicited, the - Attorney General shall give affirmative preference to all - National Institute of Justice and Office for Victims of Crime - discretionary grant applications of a Tribal, State, or local - law enforcement agency, or applications submitted on behalf of - such law enforcement agencies by a local, State, or Tribal - government, if the Attorney General has determined under - paragraph (3) that the agency has incorporated the guidelines. + under this section and incorporated under this subsection, upon + the request of a Tribal, State, or local law enforcement + agency, the Attorney General shall determine whether the + Tribal, State, or local law enforcement agency seeking + recognition of compliance has incorporated guidelines into + their respective guidelines, policies, and protocols. (d) Accountability.--Not later than 30 days after compliance determinations are made each fiscal year in accordance with subsection (c)(3), the Attorney General shall-- (1) disclose and publish, including on the website of the Department of Justice, the name of each Tribal, State, or local law enforcement agency that the Attorney General has determined - has not incorporated guidelines in accordance with subsection - (c)(3); and - (2) if a law enforcement agency described in paragraph (1) - subsequently receives a determination of compliance, the - Attorney General shall-- - (A) immediately correct the applicable record; and - (B) not later than 3 days after the determination, - remove the record from the website of the Department of - Justice and any other location where the record was - published. + has incorporated guidelines in accordance with subsection + (c)(3); + (2) disclose and publish, including on the website of the + Department of Justice, the name of each Tribal, State, or local + law enforcement agency that has requested a determination in + accordance with subsection (c)(3) that is pending; + (3) collect the guidelines into a resource of examples and + best practices that can be used by other law enforcement + agencies seeking to create and implement such guidelines. (e) Training and Technical Assistance.--The Attorney General shall use the National Indian Country Training Initiative to provide training and technical assistance to Indian Tribes and law enforcement agencies on-- (1) implementing the guidelines developed under subsection (a) or developing and implementing locally specific guidelines - or protocols for responding to cases of missing and murdered + or protocols for responding to cases of missing or murdered Indians; and (2) using the National Missing and Unidentified Persons System and accessing program services that will assist Indian - Tribes with responding to cases of missing and murdered - Indians. + Tribes with responding to cases of missing or murdered Indians. + (f) Guidelines From Indian Tribes.-- + (1) In general.--Indian Tribes may submit their own + guidelines to respond to cases of missing or murdered Indians + to the Attorney General. + (2) Publication.--Upon receipt of any guidelines from an + Indian Tribe, the Attorney General shall publish the guidelines + on the website of the Department of Justice in 1 centralized + location to make the guidelines available as a resource to any + Federal agency, State, or Tribal government. SEC. 6. ANNUAL REPORTING REQUIREMENTS. @@ -297,7 +250,7 @@ Congress information that-- (A) an explanation of why the statistics described in paragraph (1) may not be comprehensive; and (B) recommendations on how data collection on - missing and murdered Indians may be improved. + missing or murdered Indians may be improved. (b) Compliance.-- (1) In general.--Beginning in the first fiscal year after the date of enactment of this Act, and annually thereafter, for @@ -305,29 +258,64 @@ Congress information that-- required under subsection (a), the Attorney General shall request all Tribal, State, and local law enforcement agencies to submit to the Department of Justice, to the fullest extent - possible, all relevant information required, as determined by - the Attorney General. + possible, all relevant information pertaining to missing or + murdered Indians collected by the Tribal, State, and local law + enforcement agency, and in a format provided by the Department + of Justice that ensures the streamlining of data reporting. (2) Disclosure.--The Attorney General shall disclose and publish annually, including on the website of the Department of Justice, the name of each Tribal, State, or local law enforcement agency that the Attorney General has determined has - not submitted the information requested under paragraph (1) for - the fiscal year in which the report was published. - (3) Preference.--For each of fiscal years 2019 through - 2023, for the fiscal year in which a grant was solicited, the - Attorney General shall give affirmative preference to all - Department of Justice discretionary grant applications of a - Tribal, State, or local law enforcement agency, or applications - submitted on behalf of such law enforcement agencies by a - local, State, or Tribal government, that would aid in the - implementation of the guidelines developed under section 5 or - help address the issue of missing and murdered Indians, if the - Attorney General has determined the agency has submitted the - information requested under paragraph (1) for the fiscal year - in which the report was published. + submitted the information requested under paragraph (1) for the + fiscal year in which the report was published. (c) Inclusion of Gender in Missing and Unidentified Persons Statistics.--Beginning in the first calendar year after the date of enactment of this Act, and annually thereafter, the Federal Bureau of Investigation shall include gender in its annual statistics on missing and unidentified persons published on its public website. - \ No newline at end of file + +SEC. 7. IMPLEMENTATION AND INCENTIVE. + + (a) Grant Authority.--Section 2101(b) of the Omnibus Crime Control +and Safe Streets Act of 1968 (34 U.S.C. 10461(b)) is amended by adding +at the end the following: + ``(23) To develop, strengthen, and implement policies, + protocols, and training for law enforcement regarding cases of + missing or murdered Indians, as described in section 5 of + Savanna's Act. + ``(24) To compile and annually report data to the Attorney + General related to missing or murdered Indians, as described in + section 6 of Savanna's Act.''. + (b) Grants to Indian Tribal Governments.--Section 2015 of the +Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10452(a)) +is amended-- + (1) in paragraph (9), by striking ``and'' at the end; + (2) in paragraph (10), by striking the period at the end + and inserting a semicolon; and + (3) by adding at the end the following: + ``(11) develop, strengthen, and implement policies, + protocols, and training for law enforcement regarding cases of + missing or murdered Indians, as described in section 5 of + Savanna's Act; and + ``(12) compile and annually report data to the Attorney + General related to missing or murdered Indians, as described in + section 6 of Savanna's Act.''. + + Passed the Senate March 11, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 227 + +_______________________________________________________________________ + + AN ACT + + To direct the Attorney General to review, revise, and develop law + enforcement and justice protocols appropriate to address missing and + murdered Indians, and for other purposes. From b0fd12361679b036d5cfb84ecddc1a256df79dfa Mon Sep 17 00:00:00 2001 From: "Sen. Murkowski, Lisa [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 699/984] Senate-227: Enrolled --- bills_text/Senate-227.txt | 492 ++++++++++++++++++-------------------- 1 file changed, 232 insertions(+), 260 deletions(-) diff --git a/bills_text/Senate-227.txt b/bills_text/Senate-227.txt index 079a041..8ad0440 100644 --- a/bills_text/Senate-227.txt +++ b/bills_text/Senate-227.txt @@ -1,321 +1,293 @@ -116th CONGRESS - 2d Session - S. 227 + S.227 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To direct the Attorney General to review, revise, and develop law - enforcement and justice protocols appropriate to address missing and - murdered Indians, and for other purposes. + enforcement and justice protocols appropriate to address missing and + murdered Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as ``Savanna's Act''. - SEC. 2. PURPOSES. - The purposes of this Act are-- - (1) to clarify the responsibilities of Federal, State, - Tribal, and local law enforcement agencies with respect to - responding to cases of missing or murdered Indians; - (2) to increase coordination and communication among - Federal, State, Tribal, and local law enforcement agencies, - including medical examiner and coroner offices; - (3) to empower Tribal governments with the resources and - information necessary to effectively respond to cases of - missing or murdered Indians; and - (4) to increase the collection of data related to missing - or murdered Indian men, women, and children, regardless of - where they reside, and the sharing of information among - Federal, State, and Tribal officials responsible for responding - to and investigating cases of missing or murdered Indians. - + (1) to clarify the responsibilities of Federal, State, Tribal, + and local law enforcement agencies with respect to responding to + cases of missing or murdered Indians; + (2) to increase coordination and communication among Federal, + State, Tribal, and local law enforcement agencies, including + medical examiner and coroner offices; + (3) to empower Tribal governments with the resources and + information necessary to effectively respond to cases of missing or + murdered Indians; and + (4) to increase the collection of data related to missing or + murdered Indian men, women, and children, regardless of where they + reside, and the sharing of information among Federal, State, and + Tribal officials responsible for responding to and investigating + cases of missing or murdered Indians. SEC. 3. DEFINITIONS. - In this Act: - (1) Confer.--The term ``confer'' has the meaning given the - term in section 514 of the Indian Health Care Improvement Act - (25 U.S.C. 1660d). - (2) Databases.--The term ``databases'' means-- - (A) the National Crime Information Center database; - (B) the Combined DNA Index System; - (C) the Next Generation Identification System; and - (D) any other database relevant to responding to - cases of missing or murdered Indians, including that - under the Violent Criminal Apprehension Program and the - National Missing and Unidentified Persons System. - (3) Indian.--The term ``Indian'' means a member of an - Indian Tribe. - (4) Indian country.--The term ``Indian country'' has the - meaning given the term in section 1151 of title 18, United - States Code. - (5) Indian land.--The term ``Indian land'' means Indian - lands, as defined in section 3 of the Native American Business - Development, Trade Promotion, and Tourism Act of 2000 (25 - U.S.C. 4302). - (6) Indian tribe.--The term ``Indian Tribe'' has the - meaning given the term ``Indian tribe'' in section 4 of the - Indian Self-Determination and Education Assistance Act (25 - U.S.C. 5304). - (7) Law enforcement agency.--The term ``law enforcement - agency'' means a Tribal, Federal, State, or local law - enforcement agency. - + (1) Confer.--The term ``confer'' has the meaning given the term + in section 514 of the Indian Health Care Improvement Act (25 U.S.C. + 1660d). + (2) Databases.--The term ``databases'' means-- + (A) the National Crime Information Center database; + (B) the Combined DNA Index System; + (C) the Next Generation Identification System; and + (D) any other database relevant to responding to cases of + missing or murdered Indians, including that under the Violent + Criminal Apprehension Program and the National Missing and + Unidentified Persons System. + (3) Indian.--The term ``Indian'' means a member of an Indian + Tribe. + (4) Indian country.--The term ``Indian country'' has the + meaning given the term in section 1151 of title 18, United States + Code. + (5) Indian land.--The term ``Indian land'' means Indian lands, + as defined in section 3 of the Native American Business + Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. + 4302). + (6) Indian tribe.--The term ``Indian Tribe'' has the meaning + given the term ``Indian tribe'' in section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5304). + (7) Law enforcement agency.--The term ``law enforcement + agency'' means a Tribal, Federal, State, or local law enforcement + agency. SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES. - (a) Tribal Enrollment Information.--The Attorney General shall provide training to law enforcement agencies regarding how to record the Tribal enrollment information or affiliation, as appropriate, of a victim in Federal databases. (b) Consultation.-- - (1) Consultation.--Not later than 180 days after the date - of enactment of this Act, the Attorney General, in cooperation - with the Secretary of the Interior, shall complete a formal - consultation with Indian Tribes on how to further improve - Tribal data relevance and access to databases. - (2) Initial confer.--Not later than 180 days after the date - of enactment of this Act, the Attorney General, in coordination - with the Secretary of the Interior, shall confer with Tribal - organizations and urban Indian organizations on how to further - improve American Indian and Alaska Native data relevance and - access to databases. - (3) Annual consultation.--Section 903(b) of the Violence - Against Women and Department of Justice Reauthorization Act of - 2005 (34 U.S.C. 20126) is amended-- - (A) by striking paragraph (2) and inserting the - following: - ``(2) enhancing the safety of Indian women from domestic - violence, dating violence, sexual assault, homicide, stalking, - and sex trafficking;''; - (B) in paragraph (3), by striking the period at the - end and inserting ``; and''; and - (C) by adding at the end the following: - ``(4) improving access to local, regional, State, and - Federal crime information databases and criminal justice - information systems.''. + (1) Consultation.--Not later than 180 days after the date of + enactment of this Act, the Attorney General, in cooperation with + the Secretary of the Interior, shall complete a formal consultation + with Indian Tribes on how to further improve Tribal data relevance + and access to databases. + (2) Initial confer.--Not later than 180 days after the date of + enactment of this Act, the Attorney General, in coordination with + the Secretary of the Interior, shall confer with Tribal + organizations and urban Indian organizations on how to further + improve American Indian and Alaska Native data relevance and access + to databases. + (3) Annual consultation.--Section 903(b) of the Violence + Against Women and Department of Justice Reauthorization Act of 2005 + (34 U.S.C. 20126) is amended-- + (A) by striking paragraph (2) and inserting the following: + ``(2) enhancing the safety of Indian women from domestic + violence, dating violence, sexual assault, homicide, stalking, and + sex trafficking;''; + (B) in paragraph (3), by striking the period at the end and + inserting ``; and''; and + (C) by adding at the end the following: + ``(4) improving access to local, regional, State, and Federal + crime information databases and criminal justice information + systems.''. (c) Notification.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall-- - (1) develop and implement a dissemination strategy to - educate the public of the National Missing and Unidentified - Persons System; and - (2) conduct specific outreach to Indian Tribes, Tribal - organizations, and urban Indian organizations regarding the - ability to publicly enter information, through the National - Missing and Unidentified Persons System or other non-law - enforcement sensitive portal, regarding missing persons, which - may include family members and other known acquaintances. - + (1) develop and implement a dissemination strategy to educate + the public of the National Missing and Unidentified Persons System; + and + (2) conduct specific outreach to Indian Tribes, Tribal + organizations, and urban Indian organizations regarding the ability + to publicly enter information, through the National Missing and + Unidentified Persons System or other non-law enforcement sensitive + portal, regarding missing persons, which may include family members + and other known acquaintances. SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING OR MURDERED - INDIANS. - +INDIANS. (a) In General.--Not later than 60 days after the date on which the consultation described in section 4(b)(1) is completed, the Attorney General shall direct United States attorneys to develop regionally appropriate guidelines to respond to cases of missing or murdered Indians that shall include-- - (1) guidelines on inter-jurisdictional cooperation among - law enforcement agencies at the Tribal, Federal, State, and - local levels, including inter-jurisdictional enforcement of - protection orders and detailing specific responsibilities of - each law enforcement agency; - (2) best practices in conducting searches for missing - persons on and off Indian land; - (3) standards on the collection, reporting, and analysis of - data and information on missing persons and unidentified human - remains, and information on culturally appropriate - identification and handling of human remains identified as - Indian, including guidance stating that all appropriate - information related to missing or murdered Indians be entered - in a timely manner into applicable databases; - (4) guidance on which law enforcement agency is responsible - for inputting information into appropriate databases under - paragraph (3) if the Tribal law enforcement agency does not - have access to those appropriate databases; - (5) guidelines on improving law enforcement agency response - rates and follow-up responses to cases of missing or murdered - Indians; and - (6) guidelines on ensuring access to culturally appropriate - victim services for victims and their families. + (1) guidelines on inter-jurisdictional cooperation among law + enforcement agencies at the Tribal, Federal, State, and local + levels, including inter-jurisdictional enforcement of protection + orders and detailing specific responsibilities of each law + enforcement agency; + (2) best practices in conducting searches for missing persons + on and off Indian land; + (3) standards on the collection, reporting, and analysis of + data and information on missing persons and unidentified human + remains, and information on culturally appropriate identification + and handling of human remains identified as Indian, including + guidance stating that all appropriate information related to + missing or murdered Indians be entered in a timely manner into + applicable databases; + (4) guidance on which law enforcement agency is responsible for + inputting information into appropriate databases under paragraph + (3) if the Tribal law enforcement agency does not have access to + those appropriate databases; + (5) guidelines on improving law enforcement agency response + rates and follow-up responses to cases of missing or murdered + Indians; and + (6) guidelines on ensuring access to culturally appropriate + victim services for victims and their families. (b) Consultation.--United States attorneys shall develop the guidelines required under subsection (a) in consultation with Indian Tribes and other relevant partners, including-- - (1) the Department of Justice; - (2) the Federal Bureau of Investigation; - (3) the Department of the Interior; - (4) the Bureau of Indian Affairs; - (5) Tribal, State, and local law enforcement agencies; - (6) medical examiners; - (7) coroners; - (8) Tribal, State, and local organizations that provide - victim services; and - (9) national, regional, or urban Indian organizations with - relevant expertise. + (1) the Department of Justice; + (2) the Federal Bureau of Investigation; + (3) the Department of the Interior; + (4) the Bureau of Indian Affairs; + (5) Tribal, State, and local law enforcement agencies; + (6) medical examiners; + (7) coroners; + (8) Tribal, State, and local organizations that provide victim + services; and + (9) national, regional, or urban Indian organizations with + relevant expertise. (c) Compliance.-- - (1) In general.--Not later than 1 year after the date of - enactment of this Act, the United States attorneys shall - implement, by incorporating into office policies and - procedures, the guidelines developed under subsection (a). - (2) Modification.--Each Federal law enforcement agency - shall modify the guidelines, policies, and protocols of the - agency to incorporate the guidelines developed under subsection - (a). - (3) Determination.--Not later than the end of each fiscal - year beginning after the date the guidelines are established - under this section and incorporated under this subsection, upon - the request of a Tribal, State, or local law enforcement - agency, the Attorney General shall determine whether the - Tribal, State, or local law enforcement agency seeking - recognition of compliance has incorporated guidelines into - their respective guidelines, policies, and protocols. + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the United States attorneys shall implement, + by incorporating into office policies and procedures, the + guidelines developed under subsection (a). + (2) Modification.--Each Federal law enforcement agency shall + modify the guidelines, policies, and protocols of the agency to + incorporate the guidelines developed under subsection (a). + (3) Determination.--Not later than the end of each fiscal year + beginning after the date the guidelines are established under this + section and incorporated under this subsection, upon the request of + a Tribal, State, or local law enforcement agency, the Attorney + General shall determine whether the Tribal, State, or local law + enforcement agency seeking recognition of compliance has + incorporated guidelines into their respective guidelines, policies, + and protocols. (d) Accountability.--Not later than 30 days after compliance determinations are made each fiscal year in accordance with subsection (c)(3), the Attorney General shall-- - (1) disclose and publish, including on the website of the - Department of Justice, the name of each Tribal, State, or local - law enforcement agency that the Attorney General has determined - has incorporated guidelines in accordance with subsection - (c)(3); - (2) disclose and publish, including on the website of the - Department of Justice, the name of each Tribal, State, or local - law enforcement agency that has requested a determination in - accordance with subsection (c)(3) that is pending; - (3) collect the guidelines into a resource of examples and - best practices that can be used by other law enforcement - agencies seeking to create and implement such guidelines. + (1) disclose and publish, including on the website of the + Department of Justice, the name of each Tribal, State, or local law + enforcement agency that the Attorney General has determined has + incorporated guidelines in accordance with subsection (c)(3); + (2) disclose and publish, including on the website of the + Department of Justice, the name of each Tribal, State, or local law + enforcement agency that has requested a determination in accordance + with subsection (c)(3) that is pending; + (3) collect the guidelines into a resource of examples and best + practices that can be used by other law enforcement agencies + seeking to create and implement such guidelines. (e) Training and Technical Assistance.--The Attorney General shall use the National Indian Country Training Initiative to provide training and technical assistance to Indian Tribes and law enforcement agencies on-- - (1) implementing the guidelines developed under subsection - (a) or developing and implementing locally specific guidelines - or protocols for responding to cases of missing or murdered - Indians; and - (2) using the National Missing and Unidentified Persons - System and accessing program services that will assist Indian - Tribes with responding to cases of missing or murdered Indians. + (1) implementing the guidelines developed under subsection (a) + or developing and implementing locally specific guidelines or + protocols for responding to cases of missing or murdered Indians; + and + (2) using the National Missing and Unidentified Persons System + and accessing program services that will assist Indian Tribes with + responding to cases of missing or murdered Indians. (f) Guidelines From Indian Tribes.-- - (1) In general.--Indian Tribes may submit their own - guidelines to respond to cases of missing or murdered Indians - to the Attorney General. - (2) Publication.--Upon receipt of any guidelines from an - Indian Tribe, the Attorney General shall publish the guidelines - on the website of the Department of Justice in 1 centralized - location to make the guidelines available as a resource to any - Federal agency, State, or Tribal government. - + (1) In general.--Indian Tribes may submit their own guidelines + to respond to cases of missing or murdered Indians to the Attorney + General. + (2) Publication.--Upon receipt of any guidelines from an Indian + Tribe, the Attorney General shall publish the guidelines on the + website of the Department of Justice in 1 centralized location to + make the guidelines available as a resource to any Federal agency, + State, or Tribal government. SEC. 6. ANNUAL REPORTING REQUIREMENTS. - (a) Annual Reporting.--Beginning in the first fiscal year after the date of enactment of this Act, the Attorney General shall include in its annual Indian Country Investigations and Prosecutions report to Congress information that-- - (1) includes known statistics on missing Indians in the - United States, available to the Department of Justice, - including-- - (A) age; - (B) gender; - (C) Tribal enrollment information or affiliation, - if available; - (D) the current number of open cases per State; - (E) the total number of closed cases per State each - calendar year, from the most recent 10 calendar years; - and - (F) other relevant information the Attorney General - determines is appropriate; - (2) includes known statistics on murdered Indians in the - United States, available to the Department of Justice, - including-- - (A) age; - (B) gender; - (C) Tribal enrollment information or affiliation, - if available; - (D) the current number of open cases per State; - (E) the total number of closed cases per State each - calendar year, from the most recent 10 calendar years; - and - (F) other relevant information the Attorney General - determines is appropriate; - (3) maintains victim privacy to the greatest extent - possible by excluding information that can be used on its own - or with other information to identify, contact, or locate a - single person, or to identify an individual in context; and - (4) includes-- - (A) an explanation of why the statistics described - in paragraph (1) may not be comprehensive; and - (B) recommendations on how data collection on - missing or murdered Indians may be improved. + (1) includes known statistics on missing Indians in the United + States, available to the Department of Justice, including-- + (A) age; + (B) gender; + (C) Tribal enrollment information or affiliation, if + available; + (D) the current number of open cases per State; + (E) the total number of closed cases per State each + calendar year, from the most recent 10 calendar years; and + (F) other relevant information the Attorney General + determines is appropriate; + (2) includes known statistics on murdered Indians in the United + States, available to the Department of Justice, including-- + (A) age; + (B) gender; + (C) Tribal enrollment information or affiliation, if + available; + (D) the current number of open cases per State; + (E) the total number of closed cases per State each + calendar year, from the most recent 10 calendar years; and + (F) other relevant information the Attorney General + determines is appropriate; + (3) maintains victim privacy to the greatest extent possible by + excluding information that can be used on its own or with other + information to identify, contact, or locate a single person, or to + identify an individual in context; and + (4) includes-- + (A) an explanation of why the statistics described in + paragraph (1) may not be comprehensive; and + (B) recommendations on how data collection on missing or + murdered Indians may be improved. (b) Compliance.-- - (1) In general.--Beginning in the first fiscal year after - the date of enactment of this Act, and annually thereafter, for - the purpose of compiling accurate data for the annual report - required under subsection (a), the Attorney General shall - request all Tribal, State, and local law enforcement agencies - to submit to the Department of Justice, to the fullest extent - possible, all relevant information pertaining to missing or - murdered Indians collected by the Tribal, State, and local law - enforcement agency, and in a format provided by the Department - of Justice that ensures the streamlining of data reporting. - (2) Disclosure.--The Attorney General shall disclose and - publish annually, including on the website of the Department of - Justice, the name of each Tribal, State, or local law - enforcement agency that the Attorney General has determined has - submitted the information requested under paragraph (1) for the - fiscal year in which the report was published. + (1) In general.--Beginning in the first fiscal year after the + date of enactment of this Act, and annually thereafter, for the + purpose of compiling accurate data for the annual report required + under subsection (a), the Attorney General shall request all + Tribal, State, and local law enforcement agencies to submit to the + Department of Justice, to the fullest extent possible, all relevant + information pertaining to missing or murdered Indians collected by + the Tribal, State, and local law enforcement agency, and in a + format provided by the Department of Justice that ensures the + streamlining of data reporting. + (2) Disclosure.--The Attorney General shall disclose and + publish annually, including on the website of the Department of + Justice, the name of each Tribal, State, or local law enforcement + agency that the Attorney General has determined has submitted the + information requested under paragraph (1) for the fiscal year in + which the report was published. (c) Inclusion of Gender in Missing and Unidentified Persons Statistics.--Beginning in the first calendar year after the date of enactment of this Act, and annually thereafter, the Federal Bureau of Investigation shall include gender in its annual statistics on missing and unidentified persons published on its public website. - SEC. 7. IMPLEMENTATION AND INCENTIVE. - (a) Grant Authority.--Section 2101(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461(b)) is amended by adding at the end the following: - ``(23) To develop, strengthen, and implement policies, - protocols, and training for law enforcement regarding cases of - missing or murdered Indians, as described in section 5 of - Savanna's Act. - ``(24) To compile and annually report data to the Attorney - General related to missing or murdered Indians, as described in - section 6 of Savanna's Act.''. + ``(23) To develop, strengthen, and implement policies, + protocols, and training for law enforcement regarding cases of + missing or murdered Indians, as described in section 5 of Savanna's + Act. + ``(24) To compile and annually report data to the Attorney + General related to missing or murdered Indians, as described in + section 6 of Savanna's Act.''. (b) Grants to Indian Tribal Governments.--Section 2015 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10452(a)) is amended-- - (1) in paragraph (9), by striking ``and'' at the end; - (2) in paragraph (10), by striking the period at the end - and inserting a semicolon; and - (3) by adding at the end the following: - ``(11) develop, strengthen, and implement policies, - protocols, and training for law enforcement regarding cases of - missing or murdered Indians, as described in section 5 of - Savanna's Act; and - ``(12) compile and annually report data to the Attorney - General related to missing or murdered Indians, as described in - section 6 of Savanna's Act.''. - - Passed the Senate March 11, 2020. + (1) in paragraph (9), by striking ``and'' at the end; + (2) in paragraph (10), by striking the period at the end and + inserting a semicolon; and + (3) by adding at the end the following: + ``(11) develop, strengthen, and implement policies, protocols, + and training for law enforcement regarding cases of missing or + murdered Indians, as described in section 5 of Savanna's Act; and + ``(12) compile and annually report data to the Attorney General + related to missing or murdered Indians, as described in section 6 + of Savanna's Act.''. - Attest: + Speaker of the House of Representatives. - Secretary. -116th CONGRESS - - 2d Session - - S. 227 - -_______________________________________________________________________ - - AN ACT - - To direct the Attorney General to review, revise, and develop law - enforcement and justice protocols appropriate to address missing and - murdered Indians, and for other purposes. + Vice President of the United States and + President of the Senate. From c5c63f0fafb243a442ac7015a8166f1ea86f8818 Mon Sep 17 00:00:00 2001 From: "Sen. Shaheen, Jeanne [D-NH]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 700/984] Senate-239: Introduced to Senate --- bills_text/Senate-239.txt | 174 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 174 insertions(+) create mode 100644 bills_text/Senate-239.txt diff --git a/bills_text/Senate-239.txt b/bills_text/Senate-239.txt new file mode 100644 index 0000000..3639e13 --- /dev/null +++ b/bills_text/Senate-239.txt @@ -0,0 +1,174 @@ +116th CONGRESS + 1st Session + S. 239 + + To require the Secretary of the Treasury to mint coins in recognition + of Christa McAuliffe. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 28, 2019 + + Mrs. Shaheen (for herself and Ms. Hassan) introduced the following + bill; which was read twice and referred to the Committee on Banking, + Housing, and Urban Affairs + +_______________________________________________________________________ + + A BILL + + + + To require the Secretary of the Treasury to mint coins in recognition + of Christa McAuliffe. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Christa McAuliffe Commemorative Coin +Act of 2019''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Christa McAuliffe was a social studies teacher at + Concord High School in Concord, New Hampshire. + (2) In 1985, Christa McAuliffe was selected to be the first + participant in the Teacher in Space program of the National + Aeronautics and Space Administration. + (3) On January 28, 1986, Christa McAuliffe and 6 other + astronauts were tragically killed during the Space Shuttle + Challenger disaster. + (4) In 1989, For Inspiration and Recognition of Science and + Technology (in this Act referred to as ``FIRST'') was founded + to inspire young people's interest and participation in science + and technology. + (5) The mission of FIRST ``is to inspire young people to be + science and technology leaders, by engaging them in exciting + mentor-based programs that build science, engineering, and + technology skills, that inspire innovation, and that foster + well-rounded life capabilities including self-confidence, + communication, and leadership''. + (6) 2019 marks the 30th anniversary of the founding of + FIRST. + (7) Each year, more than 1,000,000 children from the United + States and more than 86 countries participate in a FIRST + program. + (8) Studies have shown that alumni of FIRST programs are + more likely to become scientists and engineers and to volunteer + in their communities. + (9) FIRST is dedicated to carrying on the mission of + Christa McAuliffe of inspiring students and creating a new + generation of dreamers and innovators. + (10) 2016 marked the 30th anniversary of the Space Shuttle + Challenger tragedy. + +SEC. 3. COIN SPECIFICATIONS. + + (a) Denominations.--In commemoration of Christa McAuliffe, the +Secretary of the Treasury (hereafter referred to in this Act as the +``Secretary'') shall mint and issue not more than 350,000 $1 coins, +each of which shall-- + (1) weigh 26.73 grams; + (2) have a diameter of 1.500 inches; and + (3) contain at least 90 percent silver. + (b) Legal Tender.--The coins minted under this Act shall be legal +tender, as provided in section 5103 of title 31, United States Code. + (c) Numismatic Items.--For purposes of sections 5134 and 5136 of +title 31, United States Code, all coins minted under this Act shall be +considered to be numismatic items. + +SEC. 4. DESIGN OF COINS. + + (a) Design Requirements.-- + (1) In general.--The design of the coins minted under this + Act shall bear-- + (A) an image of and the name of Christa McAuliffe + on the obverse side; and + (B) a design on the reverse side that depicts the + legacy of Christa McAuliffe as a teacher. + (2) Designation and inscriptions.--On each coin minted + under this Act, there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2020''; and + (C) inscriptions of the words ``Liberty'', ``In God + We Trust'', ``United States of America'', and ``E + Pluribus Unum''. + (b) Selection.--The design for the coins minted under this Act +shall be-- + (1) selected by the Secretary, after consultation with the + family of Christa McAuliffe, FIRST, and the Commission of Fine + Arts; and + (2) reviewed by the Citizens Coinage Advisory Committee. + +SEC. 5. ISSUANCE OF COINS. + + (a) Quality of Coins.--Coins minted under this Act shall be issued +in uncirculated and proof qualities. + (b) Mint Facility.--Only 1 facility of the United States Mint may +be used to strike any particular quality of the coins minted under this +Act. + (c) Period for Issuance.--The Secretary may issue coins under this +Act only during the period beginning on January 1, 2020, and ending on +December 31, 2020. + +SEC. 6. SALE OF COINS. + + (a) Sale Price.--The coins issued under this Act shall be sold by +the Secretary at a price equal to the sum of-- + (1) the face value of the coins; + (2) the surcharge provided under section 7(a) with respect + to the coins; and + (3) the cost of designing and issuing the coins, + including-- + (A) labor; + (B) materials; + (C) dies; + (D) use of machinery; + (E) overhead expenses; + (F) marketing; and + (G) shipping. + (b) Bulk Sales.--The Secretary shall make bulk sales of the coins +issued under this Act at a reasonable discount. + (c) Prepaid Orders.-- + (1) In general.--The Secretary shall accept prepaid orders + for the coins minted under this Act before the issuance of the + coins. + (2) Discount.--Sale prices with respect to prepaid orders + under paragraph (1) shall be at a reasonable discount. + +SEC. 7. SURCHARGES. + + (a) In General.--All sales of coins issued under this Act shall +include a surcharge of $10 per coin. + (b) Distribution.--Subject to section 5134(f) of title 31, United +States Code, and section 8(2), all surcharges received by the Secretary +from the sale of coins issued under this Act shall be promptly paid by +the Secretary to the FIRST robotics program for the purpose of engaging +and inspiring young people, through mentor-based programs, to become +leaders in the fields of science, technology, engineering, and +mathematics. + (c) Audits.--The FIRST robotics program shall be subject to the +audit requirements of section 5134(f)(2) of title 31, United States +Code, with respect to the amounts received under subsection (b). + +SEC. 8. FINANCIAL ASSURANCES. + + The Secretary shall take such actions as may be necessary to ensure +that-- + (1) minting and issuing coins under this Act result in no + net cost to the Federal Government; and + (2) no funds, including applicable surcharges, are + disbursed to any recipient designated in section 7(b) until the + total cost of designing and issuing all of the coins authorized + by this Act, including labor, materials, dies, use of + machinery, overhead expenses, marketing, and shipping, is + recovered by the United States Treasury, consistent with + sections 5112(m) and 5134(f) of title 31, United States Code. + \ No newline at end of file From ddb0bd7f45e139f8415e7d317a995446d89a0381 Mon Sep 17 00:00:00 2001 From: "Sen. Shaheen, Jeanne [D-NH]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 701/984] Senate-239: Engrossed in Senate --- bills_text/Senate-239.txt | 42 ++++++++++++++++++++------------------- 1 file changed, 22 insertions(+), 20 deletions(-) diff --git a/bills_text/Senate-239.txt b/bills_text/Senate-239.txt index 3639e13..37f705e 100644 --- a/bills_text/Senate-239.txt +++ b/bills_text/Senate-239.txt @@ -2,24 +2,9 @@ 1st Session S. 239 - To require the Secretary of the Treasury to mint coins in recognition - of Christa McAuliffe. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - January 28, 2019 - - Mrs. Shaheen (for herself and Ms. Hassan) introduced the following - bill; which was read twice and referred to the Committee on Banking, - Housing, and Urban Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -96,7 +81,7 @@ SEC. 4. DESIGN OF COINS. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; - (B) an inscription of the year ``2020''; and + (B) an inscription of the year ``2021''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. @@ -115,8 +100,8 @@ in uncirculated and proof qualities. be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this -Act only during the period beginning on January 1, 2020, and ending on -December 31, 2020. +Act only during the period beginning on January 1, 2021, and ending on +December 31, 2021. SEC. 6. SALE OF COINS. @@ -171,4 +156,21 @@ that-- machinery, overhead expenses, marketing, and shipping, is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. - \ No newline at end of file + + Passed the Senate July 9, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 239 + +_______________________________________________________________________ + + AN ACT + + To require the Secretary of the Treasury to mint coins in recognition + of Christa McAuliffe. From c84f5efc0371524a09ffde2a4ec2047c9591deb8 Mon Sep 17 00:00:00 2001 From: "Sen. Shaheen, Jeanne [D-NH]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 702/984] Senate-239: Enrolled --- bills_text/Senate-239.txt | 211 +++++++++++++++++--------------------- 1 file changed, 93 insertions(+), 118 deletions(-) diff --git a/bills_text/Senate-239.txt b/bills_text/Senate-239.txt index 37f705e..cadf6b8 100644 --- a/bills_text/Senate-239.txt +++ b/bills_text/Senate-239.txt @@ -1,99 +1,95 @@ -116th CONGRESS - 1st Session - S. 239 + S.239 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To require the Secretary of the Treasury to mint coins in recognition - of Christa McAuliffe. +To require the Secretary of the Treasury to mint coins in recognition of + Christa McAuliffe. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Christa McAuliffe Commemorative Coin Act of 2019''. - SEC. 2. FINDINGS. - Congress finds the following: - (1) Christa McAuliffe was a social studies teacher at - Concord High School in Concord, New Hampshire. - (2) In 1985, Christa McAuliffe was selected to be the first - participant in the Teacher in Space program of the National - Aeronautics and Space Administration. - (3) On January 28, 1986, Christa McAuliffe and 6 other - astronauts were tragically killed during the Space Shuttle - Challenger disaster. - (4) In 1989, For Inspiration and Recognition of Science and - Technology (in this Act referred to as ``FIRST'') was founded - to inspire young people's interest and participation in science - and technology. - (5) The mission of FIRST ``is to inspire young people to be - science and technology leaders, by engaging them in exciting - mentor-based programs that build science, engineering, and - technology skills, that inspire innovation, and that foster - well-rounded life capabilities including self-confidence, - communication, and leadership''. - (6) 2019 marks the 30th anniversary of the founding of - FIRST. - (7) Each year, more than 1,000,000 children from the United - States and more than 86 countries participate in a FIRST - program. - (8) Studies have shown that alumni of FIRST programs are - more likely to become scientists and engineers and to volunteer - in their communities. - (9) FIRST is dedicated to carrying on the mission of - Christa McAuliffe of inspiring students and creating a new - generation of dreamers and innovators. - (10) 2016 marked the 30th anniversary of the Space Shuttle - Challenger tragedy. - + (1) Christa McAuliffe was a social studies teacher at Concord + High School in Concord, New Hampshire. + (2) In 1985, Christa McAuliffe was selected to be the first + participant in the Teacher in Space program of the National + Aeronautics and Space Administration. + (3) On January 28, 1986, Christa McAuliffe and 6 other + astronauts were tragically killed during the Space Shuttle + Challenger disaster. + (4) In 1989, For Inspiration and Recognition of Science and + Technology (in this Act referred to as ``FIRST'') was founded to + inspire young people's interest and participation in science and + technology. + (5) The mission of FIRST ``is to inspire young people to be + science and technology leaders, by engaging them in exciting + mentor-based programs that build science, engineering, and + technology skills, that inspire innovation, and that foster well- + rounded life capabilities including self-confidence, communication, + and leadership''. + (6) 2019 marks the 30th anniversary of the founding of FIRST. + (7) Each year, more than 1,000,000 children from the United + States and more than 86 countries participate in a FIRST program. + (8) Studies have shown that alumni of FIRST programs are more + likely to become scientists and engineers and to volunteer in their + communities. + (9) FIRST is dedicated to carrying on the mission of Christa + McAuliffe of inspiring students and creating a new generation of + dreamers and innovators. + (10) 2016 marked the 30th anniversary of the Space Shuttle + Challenger tragedy. SEC. 3. COIN SPECIFICATIONS. - (a) Denominations.--In commemoration of Christa McAuliffe, the Secretary of the Treasury (hereafter referred to in this Act as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins, each of which shall-- - (1) weigh 26.73 grams; - (2) have a diameter of 1.500 inches; and - (3) contain at least 90 percent silver. + (1) weigh 26.73 grams; + (2) have a diameter of 1.500 inches; and + (3) contain at least 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. - SEC. 4. DESIGN OF COINS. - (a) Design Requirements.-- - (1) In general.--The design of the coins minted under this - Act shall bear-- - (A) an image of and the name of Christa McAuliffe - on the obverse side; and - (B) a design on the reverse side that depicts the - legacy of Christa McAuliffe as a teacher. - (2) Designation and inscriptions.--On each coin minted - under this Act, there shall be-- - (A) a designation of the value of the coin; - (B) an inscription of the year ``2021''; and - (C) inscriptions of the words ``Liberty'', ``In God - We Trust'', ``United States of America'', and ``E - Pluribus Unum''. + (1) In general.--The design of the coins minted under this Act + shall bear-- + (A) an image of and the name of Christa McAuliffe on the + obverse side; and + (B) a design on the reverse side that depicts the legacy of + Christa McAuliffe as a teacher. + (2) Designation and inscriptions.--On each coin minted under + this Act, there shall be-- + (A) a designation of the value of the coin; + (B) an inscription of the year ``2021''; and + (C) inscriptions of the words ``Liberty'', ``In God We + Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- - (1) selected by the Secretary, after consultation with the - family of Christa McAuliffe, FIRST, and the Commission of Fine - Arts; and - (2) reviewed by the Citizens Coinage Advisory Committee. - + (1) selected by the Secretary, after consultation with the + family of Christa McAuliffe, FIRST, and the Commission of Fine + Arts; and + (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. - (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may @@ -102,34 +98,28 @@ Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2021, and ending on December 31, 2021. - SEC. 6. SALE OF COINS. - (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- - (1) the face value of the coins; - (2) the surcharge provided under section 7(a) with respect - to the coins; and - (3) the cost of designing and issuing the coins, - including-- - (A) labor; - (B) materials; - (C) dies; - (D) use of machinery; - (E) overhead expenses; - (F) marketing; and - (G) shipping. + (1) the face value of the coins; + (2) the surcharge provided under section 7(a) with respect to + the coins; and + (3) the cost of designing and issuing the coins, including-- + (A) labor; + (B) materials; + (C) dies; + (D) use of machinery; + (E) overhead expenses; + (F) marketing; and + (G) shipping. (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- - (1) In general.--The Secretary shall accept prepaid orders - for the coins minted under this Act before the issuance of the - coins. - (2) Discount.--Sale prices with respect to prepaid orders - under paragraph (1) shall be at a reasonable discount. - + (1) In general.--The Secretary shall accept prepaid orders for + the coins minted under this Act before the issuance of the coins. + (2) Discount.--Sale prices with respect to prepaid orders under + paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. - (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United @@ -142,35 +132,20 @@ mathematics. (c) Audits.--The FIRST robotics program shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with respect to the amounts received under subsection (b). - SEC. 8. FINANCIAL ASSURANCES. - The Secretary shall take such actions as may be necessary to ensure that-- - (1) minting and issuing coins under this Act result in no - net cost to the Federal Government; and - (2) no funds, including applicable surcharges, are - disbursed to any recipient designated in section 7(b) until the - total cost of designing and issuing all of the coins authorized - by this Act, including labor, materials, dies, use of - machinery, overhead expenses, marketing, and shipping, is - recovered by the United States Treasury, consistent with - sections 5112(m) and 5134(f) of title 31, United States Code. - - Passed the Senate July 9, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 239 - -_______________________________________________________________________ - - AN ACT - - To require the Secretary of the Treasury to mint coins in recognition - of Christa McAuliffe. + (1) minting and issuing coins under this Act result in no net + cost to the Federal Government; and + (2) no funds, including applicable surcharges, are disbursed to + any recipient designated in section 7(b) until the total cost of + designing and issuing all of the coins authorized by this Act, + including labor, materials, dies, use of machinery, overhead + expenses, marketing, and shipping, is recovered by the United + States Treasury, consistent with sections 5112(m) and 5134(f) of + title 31, United States Code. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 9121321e5907463a98d8220115e7cceb4ee3c57c Mon Sep 17 00:00:00 2001 From: "Sen. Roberts, Pat [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 703/984] Senate-252: Introduced to Senate --- bills_text/Senate-252.txt | 96 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 96 insertions(+) create mode 100644 bills_text/Senate-252.txt diff --git a/bills_text/Senate-252.txt b/bills_text/Senate-252.txt new file mode 100644 index 0000000..ea026f6 --- /dev/null +++ b/bills_text/Senate-252.txt @@ -0,0 +1,96 @@ +116th CONGRESS + 1st Session + S. 252 + +To authorize the honorary appointment of Robert J. Dole to the grade of + colonel in the regular Army. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 29, 2019 + +Mr. Roberts (for himself and Mr. Moran) introduced the following bill; + which was read twice and referred to the Committee on Armed Services + +_______________________________________________________________________ + + A BILL + + + +To authorize the honorary appointment of Robert J. Dole to the grade of + colonel in the regular Army. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. FINDINGS. + + Congress makes the following findings: + (1) Robert J. Dole, also known as Bob Dole, was born July + 22, 1923, in Russell, Kansas. + (2) As a student at the University of Kansas, Bob Dole + enrolled in the Army Enlisted Reserve Corps in 1942. He was + called to active duty the following year and served during + World War II. While deployed to Italy as an infantry lieutenant + in the 10th Mountain Division, he was seriously wounded in + combat and was twice cited for acts of heroism under fire. He + finished his military service with two Purple Hearts and two + awards of the Bronze Star Medal with ``V'' device for valor. He + was also awarded the American Campaign medal, the European- + African-Middle Eastern Campaign Medal, and the World War II + Victory medal. He resigned his Army commission at the grade of + captain. + (3) Bob Dole served in the House of Representatives from + 1961 to 1969. He served in the Senate from 1969 until 1996. His + service was previously recognized by both the Legislative + Branch of the United States Government, through the + Congressional Gold Medal, and the Executive Branch of the + United States Government, through the Presidential Medal of + Freedom. + (4) Separate from the actions underlying the honors + previously bestowed upon him, Bob Dole also made direct + contributions to the Department of Defense and the veterans of + United States military service, including through the + following: + (A) Bob Dole sponsored or co-sponsored bills in + Congress to improve veterans benefits, to improve + accountability of missing members of the Armed Forces, + to establish the Persian Gulf War Veterans Health + Registry, to recognize women veterans, and to provide + relief from certain inequities for National Guard + technician service in connection with civil service + retirement. + (B) Bob Dole served as the National Chairman of the + WWII Memorial Campaign, co-chair of the Families of + Freedom Scholarship Fund, and co-chair of the + Presidential Commission on the Care of America's + Returning Wounded Warriors. + (5) In 2018, an Army advisory panel reviewed the + comprehensive record of Bob Dole's service to the Armed Forces, + veterans, and the national security of the United States. The + panel, recognizing Bob Dole's unique contributions to the + Department of Defense and veterans, recommended the honorary + promotion of Bob Dole to the grade of colonel in the Army. + (6) Acting under provisions of section 1563 of title 10, + United States Code, the Secretary of the Army endorsed the + recommendation of the advisory panel for an honorary promotion + of Bob Dole and forwarded it to Congress for further action. + +SEC. 2. HONORARY APPOINTMENT OF ROBERT J. DOLE TO THE GRADE OF COLONEL + IN THE REGULAR ARMY. + + (a) Honorary Appointment.--The honorary appointment of Robert J. +Dole, of Kansas, to the grade of colonel in the regular Army is hereby +authorized. + (b) Additional Benefits Not To Accrue.--The honorary appointment of +Robert J. Dole to the grade of colonel in the regular Army under +subsection (a) shall not affect pay or other benefits from the United +States to which Robert J. Dole is otherwise entitled based upon his +military service or affect any benefits to which any other person may +become entitled based on his military service. + \ No newline at end of file From 49765c74d1872f8b017e2d9a50ebd947323fd55c Mon Sep 17 00:00:00 2001 From: "Sen. Roberts, Pat [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 704/984] Senate-252: Engrossed in Senate --- bills_text/Senate-252.txt | 35 +++++++++++++++++++---------------- 1 file changed, 19 insertions(+), 16 deletions(-) diff --git a/bills_text/Senate-252.txt b/bills_text/Senate-252.txt index ea026f6..f9f7971 100644 --- a/bills_text/Senate-252.txt +++ b/bills_text/Senate-252.txt @@ -2,23 +2,9 @@ 1st Session S. 252 -To authorize the honorary appointment of Robert J. Dole to the grade of - colonel in the regular Army. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - January 29, 2019 - -Mr. Roberts (for himself and Mr. Moran) introduced the following bill; - which was read twice and referred to the Committee on Armed Services - _______________________________________________________________________ - A BILL + AN ACT @@ -93,4 +79,21 @@ subsection (a) shall not affect pay or other benefits from the United States to which Robert J. Dole is otherwise entitled based upon his military service or affect any benefits to which any other person may become entitled based on his military service. - \ No newline at end of file + + Passed the Senate March 4, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 252 + +_______________________________________________________________________ + + AN ACT + +To authorize the honorary appointment of Robert J. Dole to the grade of + colonel in the regular Army. From 36216fa37185a5a672adaf70590a221e45327a69 Mon Sep 17 00:00:00 2001 From: "Sen. Roberts, Pat [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 705/984] Senate-252: Enrolled --- bills_text/Senate-252.txt | 136 +++++++++++++++++--------------------- 1 file changed, 61 insertions(+), 75 deletions(-) diff --git a/bills_text/Senate-252.txt b/bills_text/Senate-252.txt index f9f7971..5df858a 100644 --- a/bills_text/Senate-252.txt +++ b/bills_text/Senate-252.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 252 + S.252 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -13,63 +22,53 @@ To authorize the honorary appointment of Robert J. Dole to the grade of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. FINDINGS. - Congress makes the following findings: - (1) Robert J. Dole, also known as Bob Dole, was born July - 22, 1923, in Russell, Kansas. - (2) As a student at the University of Kansas, Bob Dole - enrolled in the Army Enlisted Reserve Corps in 1942. He was - called to active duty the following year and served during - World War II. While deployed to Italy as an infantry lieutenant - in the 10th Mountain Division, he was seriously wounded in - combat and was twice cited for acts of heroism under fire. He - finished his military service with two Purple Hearts and two - awards of the Bronze Star Medal with ``V'' device for valor. He - was also awarded the American Campaign medal, the European- - African-Middle Eastern Campaign Medal, and the World War II - Victory medal. He resigned his Army commission at the grade of - captain. - (3) Bob Dole served in the House of Representatives from - 1961 to 1969. He served in the Senate from 1969 until 1996. His - service was previously recognized by both the Legislative - Branch of the United States Government, through the - Congressional Gold Medal, and the Executive Branch of the - United States Government, through the Presidential Medal of - Freedom. - (4) Separate from the actions underlying the honors - previously bestowed upon him, Bob Dole also made direct - contributions to the Department of Defense and the veterans of - United States military service, including through the - following: - (A) Bob Dole sponsored or co-sponsored bills in - Congress to improve veterans benefits, to improve - accountability of missing members of the Armed Forces, - to establish the Persian Gulf War Veterans Health - Registry, to recognize women veterans, and to provide - relief from certain inequities for National Guard - technician service in connection with civil service - retirement. - (B) Bob Dole served as the National Chairman of the - WWII Memorial Campaign, co-chair of the Families of - Freedom Scholarship Fund, and co-chair of the - Presidential Commission on the Care of America's - Returning Wounded Warriors. - (5) In 2018, an Army advisory panel reviewed the - comprehensive record of Bob Dole's service to the Armed Forces, - veterans, and the national security of the United States. The - panel, recognizing Bob Dole's unique contributions to the - Department of Defense and veterans, recommended the honorary - promotion of Bob Dole to the grade of colonel in the Army. - (6) Acting under provisions of section 1563 of title 10, - United States Code, the Secretary of the Army endorsed the - recommendation of the advisory panel for an honorary promotion - of Bob Dole and forwarded it to Congress for further action. - + (1) Robert J. Dole, also known as Bob Dole, was born July 22, + 1923, in Russell, Kansas. + (2) As a student at the University of Kansas, Bob Dole enrolled + in the Army Enlisted Reserve Corps in 1942. He was called to active + duty the following year and served during World War II. While + deployed to Italy as an infantry lieutenant in the 10th Mountain + Division, he was seriously wounded in combat and was twice cited + for acts of heroism under fire. He finished his military service + with two Purple Hearts and two awards of the Bronze Star Medal with + ``V'' device for valor. He was also awarded the American Campaign + medal, the European-African-Middle Eastern Campaign Medal, and the + World War II Victory medal. He resigned his Army commission at the + grade of captain. + (3) Bob Dole served in the House of Representatives from 1961 + to 1969. He served in the Senate from 1969 until 1996. His service + was previously recognized by both the Legislative Branch of the + United States Government, through the Congressional Gold Medal, and + the Executive Branch of the United States Government, through the + Presidential Medal of Freedom. + (4) Separate from the actions underlying the honors previously + bestowed upon him, Bob Dole also made direct contributions to the + Department of Defense and the veterans of United States military + service, including through the following: + (A) Bob Dole sponsored or co-sponsored bills in Congress to + improve veterans benefits, to improve accountability of missing + members of the Armed Forces, to establish the Persian Gulf War + Veterans Health Registry, to recognize women veterans, and to + provide relief from certain inequities for National Guard + technician service in connection with civil service retirement. + (B) Bob Dole served as the National Chairman of the WWII + Memorial Campaign, co-chair of the Families of Freedom + Scholarship Fund, and co-chair of the Presidential Commission + on the Care of America's Returning Wounded Warriors. + (5) In 2018, an Army advisory panel reviewed the comprehensive + record of Bob Dole's service to the Armed Forces, veterans, and the + national security of the United States. The panel, recognizing Bob + Dole's unique contributions to the Department of Defense and + veterans, recommended the honorary promotion of Bob Dole to the + grade of colonel in the Army. + (6) Acting under provisions of section 1563 of title 10, United + States Code, the Secretary of the Army endorsed the recommendation + of the advisory panel for an honorary promotion of Bob Dole and + forwarded it to Congress for further action. SEC. 2. HONORARY APPOINTMENT OF ROBERT J. DOLE TO THE GRADE OF COLONEL - IN THE REGULAR ARMY. - +IN THE REGULAR ARMY. (a) Honorary Appointment.--The honorary appointment of Robert J. Dole, of Kansas, to the grade of colonel in the regular Army is hereby authorized. @@ -80,20 +79,7 @@ States to which Robert J. Dole is otherwise entitled based upon his military service or affect any benefits to which any other person may become entitled based on his military service. - Passed the Senate March 4, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 252 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - -To authorize the honorary appointment of Robert J. Dole to the grade of - colonel in the regular Army. + Vice President of the United States and + President of the Senate. From cc72372d006dcc117bef7a1ec26fe2c4583d2e7c Mon Sep 17 00:00:00 2001 From: "Sen. Udall, Tom [D-NM]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 706/984] Senate-256: Introduced to Senate --- bills_text/Senate-256.txt | 65 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 65 insertions(+) create mode 100644 bills_text/Senate-256.txt diff --git a/bills_text/Senate-256.txt b/bills_text/Senate-256.txt new file mode 100644 index 0000000..5292d43 --- /dev/null +++ b/bills_text/Senate-256.txt @@ -0,0 +1,65 @@ +116th CONGRESS + 1st Session + S. 256 + + To amend the Native American Programs Act of 1974 to provide + flexibility and reauthorization to ensure the survival and continuing + vitality of Native American languages. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 29, 2019 + + Mr. Udall (for himself, Ms. Murkowski, Mr. Schatz, Mr. Heinrich, Ms. + Warren, Ms. Cortez Masto, Ms. Smith, and Mr. Tester) introduced the + following bill; which was read twice and referred to the Committee on + Indian Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend the Native American Programs Act of 1974 to provide + flexibility and reauthorization to ensure the survival and continuing + vitality of Native American languages. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Esther Martinez Native American +Languages Programs Reauthorization Act''. + +SEC. 2. NATIVE AMERICAN LANGUAGES GRANT PROGRAM. + + Section 803C of the Native American Programs Act of 1974 (42 U.S.C. +2991b-3) is amended-- + (1) in subsection (b)(7)-- + (A) in subparagraph (A)(i), by striking ``10'' and + inserting ``5''; and + (B) in subparagraph (B)(i), by striking ``15'' and + inserting ``10''; and + (2) in subsection (e)(2)-- + (A) by striking ``or 3-year basis'' and inserting + ``3-year, 4-year, or 5-year basis''; and + (B) by inserting ``, 4-year, or 5-year'' after ``on + a 3-year''. + +SEC. 3. REAUTHORIZATION OF NATIVE AMERICAN LANGUAGES PROGRAM. + + (a) In General.--Section 816(e) of the Native American Programs Act +of 1974 (42 U.S.C. 2992d(e)) is amended by striking ``such sums'' and +all that follows through the period at the end and inserting +``$13,000,000 for each of fiscal years 2020 through 2024.''. + (b) Technical Correction.--Section 816 of the Native American +Programs Act of 1974 (42 U.S.C. 2992d) is amended in subsections (a) +and (b) by striking ``subsection (e)'' each place it appears and +inserting ``subsection (d)''. + \ No newline at end of file From 50ef1f25797ee3c34c5cb8035a8f305e21ee6d59 Mon Sep 17 00:00:00 2001 From: "Sen. Udall, Tom [D-NM]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 707/984] Senate-256: Engrossed in Senate --- bills_text/Senate-256.txt | 39 ++++++++++++++++++++------------------- 1 file changed, 20 insertions(+), 19 deletions(-) diff --git a/bills_text/Senate-256.txt b/bills_text/Senate-256.txt index 5292d43..7355350 100644 --- a/bills_text/Senate-256.txt +++ b/bills_text/Senate-256.txt @@ -2,26 +2,9 @@ 1st Session S. 256 - To amend the Native American Programs Act of 1974 to provide - flexibility and reauthorization to ensure the survival and continuing - vitality of Native American languages. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - January 29, 2019 - - Mr. Udall (for himself, Ms. Murkowski, Mr. Schatz, Mr. Heinrich, Ms. - Warren, Ms. Cortez Masto, Ms. Smith, and Mr. Tester) introduced the - following bill; which was read twice and referred to the Committee on - Indian Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -62,4 +45,22 @@ all that follows through the period at the end and inserting Programs Act of 1974 (42 U.S.C. 2992d) is amended in subsections (a) and (b) by striking ``subsection (e)'' each place it appears and inserting ``subsection (d)''. - \ No newline at end of file + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 256 + +_______________________________________________________________________ + + AN ACT + + To amend the Native American Programs Act of 1974 to provide + flexibility and reauthorization to ensure the survival and continuing + vitality of Native American languages. From 9ba3ebe236884e444bd8c1747ed7c373f64201d7 Mon Sep 17 00:00:00 2001 From: "Sen. Udall, Tom [D-NM]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 708/984] Senate-256: Enrolled --- bills_text/Senate-256.txt | 71 +++++++++++++++++---------------------- 1 file changed, 30 insertions(+), 41 deletions(-) diff --git a/bills_text/Senate-256.txt b/bills_text/Senate-256.txt index 7355350..72fee34 100644 --- a/bills_text/Senate-256.txt +++ b/bills_text/Senate-256.txt @@ -1,42 +1,45 @@ -116th CONGRESS - 1st Session - S. 256 + S.256 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To amend the Native American Programs Act of 1974 to provide - flexibility and reauthorization to ensure the survival and continuing - vitality of Native American languages. +To amend the Native American Programs Act of 1974 to provide flexibility + and reauthorization to ensure the survival and continuing vitality of + Native American languages. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Esther Martinez Native American Languages Programs Reauthorization Act''. - SEC. 2. NATIVE AMERICAN LANGUAGES GRANT PROGRAM. - Section 803C of the Native American Programs Act of 1974 (42 U.S.C. 2991b-3) is amended-- - (1) in subsection (b)(7)-- - (A) in subparagraph (A)(i), by striking ``10'' and - inserting ``5''; and - (B) in subparagraph (B)(i), by striking ``15'' and - inserting ``10''; and - (2) in subsection (e)(2)-- - (A) by striking ``or 3-year basis'' and inserting - ``3-year, 4-year, or 5-year basis''; and - (B) by inserting ``, 4-year, or 5-year'' after ``on - a 3-year''. - + (1) in subsection (b)(7)-- + (A) in subparagraph (A)(i), by striking ``10'' and + inserting ``5''; and + (B) in subparagraph (B)(i), by striking ``15'' and + inserting ``10''; and + (2) in subsection (e)(2)-- + (A) by striking ``or 3-year basis'' and inserting ``3-year, + 4-year, or 5-year basis''; and + (B) by inserting ``, 4-year, or 5-year'' after ``on a 3- + year''. SEC. 3. REAUTHORIZATION OF NATIVE AMERICAN LANGUAGES PROGRAM. - (a) In General.--Section 816(e) of the Native American Programs Act of 1974 (42 U.S.C. 2992d(e)) is amended by striking ``such sums'' and all that follows through the period at the end and inserting @@ -46,21 +49,7 @@ Programs Act of 1974 (42 U.S.C. 2992d) is amended in subsections (a) and (b) by striking ``subsection (e)'' each place it appears and inserting ``subsection (d)''. - Passed the Senate June 27, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 256 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend the Native American Programs Act of 1974 to provide - flexibility and reauthorization to ensure the survival and continuing - vitality of Native American languages. + Vice President of the United States and + President of the Senate. From f35be900b382fbd844e22b2fb5698ec7c5790fd6 Mon Sep 17 00:00:00 2001 From: "Sen. Udall, Tom [D-NM]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 709/984] Senate-294: Introduced to Senate --- bills_text/Senate-294.txt | 556 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 556 insertions(+) create mode 100644 bills_text/Senate-294.txt diff --git a/bills_text/Senate-294.txt b/bills_text/Senate-294.txt new file mode 100644 index 0000000..3ad4538 --- /dev/null +++ b/bills_text/Senate-294.txt @@ -0,0 +1,556 @@ +116th CONGRESS + 1st Session + S. 294 + +To establish a business incubators program within the Department of the + Interior to promote economic development in Indian reservation + communities. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + January 31, 2019 + +Mr. Udall (for himself, Mr. Heinrich, Ms. Warren, Ms. Cortez Masto, and + Ms. Smith) introduced the following bill; which was read twice and + referred to the Committee on Indian Affairs + +_______________________________________________________________________ + + A BILL + + + +To establish a business incubators program within the Department of the + Interior to promote economic development in Indian reservation + communities. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Native American Business Incubators +Program Act''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) entrepreneurs face specific challenges when + transforming ideas into profitable business enterprises; + (2) entrepreneurs that want to provide products and + services in reservation communities face an additional set of + challenges that requires special knowledge; + (3) a business incubator is an organization that assists + entrepreneurs in navigating obstacles that prevent innovative + ideas from becoming viable businesses by providing services + that include-- + (A) workspace and facilities resources; + (B) access to capital, business education, and + counseling; + (C) networking opportunities; + (D) mentorship opportunities; and + (E) an environment intended to help establish and + expand business operations; + (4) the business incubator model is suited to accelerating + entrepreneurship in reservation communities because the + business incubator model promotes collaboration to address + shared challenges and provides individually tailored services + for the purpose of overcoming obstacles unique to each + participating business; and + (5) business incubators will stimulate economic development + by providing Native entrepreneurs with the tools necessary to + grow businesses that offer products and services to reservation + communities. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Business incubator.--The term ``business incubator'' + means an organization that-- + (A) provides physical workspace and facilities + resources to startups and established businesses; and + (B) is designed to accelerate the growth and + success of businesses through a variety of business + support resources and services, including-- + (i) access to capital, business education, + and counseling; + (ii) networking opportunities; + (iii) mentorship opportunities; and + (iv) other services intended to aid in + developing a business. + (2) Eligible applicant.--The term ``eligible applicant'' + means an applicant eligible to apply for a grant under section + 4(b). + (3) 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). + (4) Institution of higher education.--The term + ``institution of higher education'' has the meaning given the + term in section 101 of the Higher Education Act of 1965 (20 + U.S.C. 1001). + (5) Native american; native.--The terms ``Native American'' + and ``Native'' have the meaning given the term ``Indian'' in + section 4 of the Indian Self-Determination and Education + Assistance Act (25 U.S.C. 5304). + (6) Native business.--The term ``Native business'' means a + business concern that is at least 51-percent owned and + controlled by 1 or more Native Americans. + (7) Native entrepreneur.--The term ``Native entrepreneur'' + means an entrepreneur who is a Native American. + (8) Program.--The term ``program'' means the program + established under section 4(a). + (9) Reservation.--The term ``reservation'' has the meaning + given the term in section 3 of the Indian Financing Act of 1974 + (25 U.S.C. 1452). + (10) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (11) Tribal college or university.--The term ``tribal + college or university'' has the meaning given the term ``Tribal + College or University'' in section 316(b) of the Higher + Education Act of 1965 (20 U.S.C. 1059c(b)). + +SEC. 4. ESTABLISHMENT OF PROGRAM. + + (a) In General.--The Secretary shall establish a program in the +Office of Indian Energy and Economic Development under which the +Secretary shall provide financial assistance in the form of competitive +grants to eligible applicants for the establishment and operation of +business incubators that serve reservation communities by providing +business incubation and other business services to Native businesses +and Native entrepreneurs. + (b) Eligible Applicants.-- + (1) In general.--To be eligible to receive a grant under + the program, an applicant shall-- + (A) be-- + (i) an Indian tribe; + (ii) a tribal college or university; + (iii) an institution of higher education; + or + (iv) a private nonprofit organization or + tribal nonprofit organization that-- + (I) provides business and financial + technical assistance; and + (II) will commit to serving 1 or + more reservation communities; + (B) be able to provide the physical workspace, + equipment, and connectivity necessary for Native + businesses and Native entrepreneurs to collaborate and + conduct business on a local, regional, national, and + international level; and + (C) in the case of an entity described in clauses + (ii) through (iv) of subparagraph (A), have been + operational for not less than 1 year before receiving a + grant under the program. + (2) Joint project.-- + (A) In general.--Two or more entities may submit a + joint application for a project that combines the + resources and expertise of those entities at a physical + location dedicated to assisting Native businesses and + Native entrepreneurs under the program. + (B) Contents.--A joint application submitted under + subparagraph (A) shall-- + (i) contain a certification that each + participant of the joint project is one of the + eligible entities described in paragraph + (1)(A); and + (ii) demonstrate that together the + participants meet the requirements of + subparagraphs (B) and (C) of paragraph (1). + (c) Application and Selection Process.-- + (1) Application requirements.--Each eligible applicant + desiring a grant under the program shall submit to the + Secretary an application at such time, in such manner, and + containing such information as the Secretary may require, + including-- + (A) a certification that the applicant-- + (i) is an eligible applicant; + (ii) will designate an executive director + or program manager, if such director or manager + has not been designated, to manage the business + incubator; and + (iii) agrees-- + (I) to a site evaluation by the + Secretary as part of the final + selection process; + (II) to an annual programmatic and + financial examination for the duration + of the grant; and + (III) to the maximum extent + practicable, to remedy any problems + identified pursuant to the site + evaluation under subclause (I) or an + examination under subclause (II); + (B) a description of the 1 or more reservation + communities to be served by the business incubator; + (C) a 3-year plan that describes-- + (i) the number of Native businesses and + Native entrepreneurs to be participating in the + business incubator; + (ii) whether the business incubator will + focus on a particular type of business or + industry; + (iii) a detailed breakdown of the services + to be offered to Native businesses and Native + entrepreneurs participating in the business + incubator; and + (iv) a detailed breakdown of the services, + if any, to be offered to Native businesses and + Native entrepreneurs not participating in the + business incubator; + (D) information demonstrating the effectiveness and + experience of the eligible applicant in-- + (i) conducting financial, management, and + marketing assistance programs designed to + educate or improve the business skills of + current or prospective businesses; + (ii) working in and providing services to + Native American communities; + (iii) providing assistance to entities + conducting business in reservation communities; + (iv) providing technical assistance under + Federal business and entrepreneurial + development programs for which Native + businesses and Native entrepreneurs are + eligible; and + (v) managing finances and staff + effectively; and + (E) a site description of the location at which the + eligible applicant will provide physical workspace, + including a description of the technologies, equipment, + and other resources that will be available to Native + businesses and Native entrepreneurs participating in + the business incubator. + (2) Evaluation considerations.-- + (A) In general.--In evaluating each application, + the Secretary shall consider-- + (i) the ability of the eligible applicant-- + (I) to operate a business incubator + that effectively imparts + entrepreneurship and business skills to + Native businesses and Native + entrepreneurs, as demonstrated by the + experience and qualifications of the + eligible applicant; + (II) to commence providing services + within a minimum period of time, to be + determined by the Secretary; and + (III) to provide quality incubation + services to a significant number of + Native businesses and Native + entrepreneurs; + (ii) the experience of the eligible + applicant in providing services in Native + American communities, including in the 1 or + more reservation communities described in the + application; and + (iii) the proposed location of the business + incubator. + (B) Priority.-- + (i) In general.--In evaluating the proposed + location of the business incubator under + subparagraph (A)(iii), the Secretary shall-- + (I) consider the program goal of + achieving broad geographic distribution + of business incubators; and + (II) except as provided in clause + (ii), give priority to eligible + applicants that will provide business + incubation services on or near the + reservation of the 1 or more + communities that were described in the + application. + (ii) Exception.--The Secretary may give + priority to an eligible applicant that is not + located on or near the reservation of the 1 or + more communities that were described in the + application if the Secretary determines that-- + (I) the location of the business + incubator will not prevent the eligible + applicant from providing quality + business incubation services to Native + businesses and Native entrepreneurs + from the 1 or more reservation + communities to be served; and + (II) siting the business incubator + in the identified location will serve + the interests of the 1 or more + reservation communities to be served. + (3) Site evaluation.-- + (A) In general.--Before making a grant to an + eligible applicant, the Secretary shall conduct a site + visit, evaluate a video submission, or evaluate a + written site proposal (if the applicant is not yet in + possession of the site) of the proposed site to ensure + the proposed site will permit the eligible applicant to + meet the requirements of the program. + (B) Written site proposal.--A written site proposal + shall meet the requirements described in paragraph + (1)(E) and contain-- + (i) sufficient detail for the Secretary to + ensure in the absence of a site visit or video + submission that the proposed site will permit + the eligible applicant to meet the requirements + of the program; and + (ii) a timeline describing when the + eligible applicant will be-- + (I) in possession of the proposed + site; and + (II) operating the business + incubator at the proposed site. + (C) Followup.--Not later than 1 year after awarding + a grant to an eligible applicant that submits an + application with a written site proposal, the Secretary + shall conduct a site visit or evaluate a video + submission of the site to ensure the site is consistent + with the written site proposal. + (d) Administration.-- + (1) Duration.--Each grant awarded under the program shall + be for a term of 3 years. + (2) Payment.-- + (A) In general.--Except as provided in subparagraph + (B), the Secretary shall disburse grant funds awarded + to an eligible applicant in annual installments. + (B) More frequent disbursements.--On request by the + applicant, the Secretary may make disbursements of + grant funds more frequently than annually, on the + condition that disbursements shall be made not more + frequently than quarterly. + (3) Non-federal contributions for initial assistance.-- + (A) In general.--Except as provided in subparagraph + (B), an eligible applicant that receives a grant under + the program shall provide non-Federal contributions in + an amount equal to not less than 25 percent of the + grant amount disbursed each year. + (B) Waiver.--The Secretary may waive, in whole or + in part, the requirements of subparagraph (A) with + respect to an eligible applicant if, after considering + the ability of the eligible applicant to provide non- + Federal contributions, the Secretary determines that-- + (i) the proposed business incubator will + provide quality business incubation services; + and + (ii) the 1 or more reservation communities + to be served are unlikely to receive similar + services because of remoteness or other reasons + that inhibit the provision of business and + entrepreneurial development services. + (4) Renewals.-- + (A) In general.--The Secretary may renew a grant + award under the program for a term not to exceed 3 + years. + (B) Considerations.--In determining whether to + renew a grant award, the Secretary shall consider with + respect to the eligible applicant-- + (i) the results of the annual evaluations + of the eligible applicant under subsection + (f)(1); + (ii) the performance of the business + incubator of the eligible applicant, as + compared to the performance of other business + incubators receiving assistance under the + program; + (iii) whether the eligible applicant + continues to be eligible for the program; and + (iv) the evaluation considerations for + initial awards under subsection (c)(2). + (C) Non-federal contributions for renewals.--An + eligible applicant that receives a grant renewal under + subparagraph (A) shall provide non-Federal + contributions in an amount equal to not less than 33 + percent of the total amount of the grant. + (5) No duplicative grants.--An eligible applicant shall not + be awarded a grant under the program that is duplicative of + existing Federal funding from another source. + (e) Program Requirements.-- + (1) Use of funds.--An eligible applicant receiving a grant + under the program may use grant amounts-- + (A) to provide physical workspace and facilities + for Native businesses and Native entrepreneurs + participating in the business incubator; + (B) to establish partnerships with other + institutions and entities to provide comprehensive + business incubation services to Native businesses and + Native entrepreneurs participating in the business + incubator; and + (C) for any other uses typically associated with + business incubators that the Secretary determines to be + appropriate and consistent with the purposes of the + program. + (2) Minimum requirements.--Each eligible applicant + receiving a grant under the program shall-- + (A) offer culturally tailored incubation services + to Native businesses and Native entrepreneurs; + (B) use a competitive process for selecting Native + businesses and Native entrepreneurs to participate in + the business incubator; + (C) provide physical workspace that permits Native + businesses and Native entrepreneurs to conduct business + and collaborate with other Native businesses and Native + entrepreneurs; + (D) provide entrepreneurship and business skills + training and education to Native businesses and Native + entrepreneurs including-- + (i) financial education, including training + and counseling in-- + (I) applying for and securing + business credit and investment capital; + (II) preparing and presenting + financial statements; and + (III) managing cash flow and other + financial operations of a business; + (ii) management education, including + training and counseling in planning, + organization, staffing, directing, and + controlling each major activity or function of + a business or startup; and + (iii) marketing education, including + training and counseling in-- + (I) identifying and segmenting + domestic and international market + opportunities; + (II) preparing and executing + marketing plans; + (III) locating contract + opportunities; + (IV) negotiating contracts; and + (V) using varying public relations + and advertising techniques; + (E) provide direct mentorship or assistance finding + mentors in the industry in which the Native business or + Native entrepreneur operates or intends to operate; and + (F) provide access to networks of potential + investors, professionals in the same or similar fields, + and other business owners with similar businesses. + (3) Technology.--Each eligible applicant shall leverage + technology to the maximum extent practicable to provide Native + businesses and Native entrepreneurs with access to the + connectivity tools needed to compete and thrive in 21st-century + markets. + (f) Oversight.-- + (1) Annual evaluations.--Not later than 1 year after the + date on which the Secretary awards a grant to an eligible + applicant under the program, and annually thereafter for the + duration of the grant, the Secretary shall conduct an + evaluation of, and prepare a report on, the eligible applicant, + which shall-- + (A) describe the performance of the eligible + applicant; and + (B) be used in determining the ongoing eligibility + of the eligible applicant. + (2) Annual report.-- + (A) In general.--Not later than 1 year after the + date on which the Secretary awards a grant to an + eligible applicant under the program, and annually + thereafter for the duration of the grant, each eligible + applicant receiving an award under the program shall + submit to the Secretary a report describing the + services the eligible applicant provided under the + program during the preceding year. + (B) Report content.--The report described in + subparagraph (A) shall include-- + (i) a detailed breakdown of the Native + businesses and Native entrepreneurs receiving + services from the business incubator, + including, for the year covered by the report-- + (I) the number of Native businesses + and Native entrepreneurs participating + in or receiving services from the + business incubator and the types of + services provided to those Native + businesses and Native entrepreneurs; + (II) the number of Native + businesses and Native entrepreneurs + established and jobs created or + maintained; and + (III) the performance of Native + businesses and Native entrepreneurs + while participating in the business + incubator and after graduation or + departure from the business incubator; + and + (ii) any other information the Secretary + may require to evaluate the performance of a + business incubator to ensure appropriate + implementation of the program. + (C) Limitations.--To the maximum extent + practicable, the Secretary shall not require an + eligible applicant to report under subparagraph (A) + information provided to the Secretary by the eligible + applicant under other programs. + (D) Coordination.--The Secretary shall coordinate + with the heads of other Federal agencies to ensure + that, to the maximum extent practicable, the report + content and form under subparagraphs (A) and (B) are + consistent with other reporting requirements for + Federal programs that provide business and + entrepreneurial assistance. + (3) Report to congress.-- + (A) In general.--Not later than 2 years after the + date on which the Secretary first awards funding under + the program, and biennially thereafter, the Secretary + shall submit to the Committee on Indian Affairs of the + Senate and the Committee on Natural Resources of the + House of Representatives a report on the performance + and effectiveness of the program. + (B) Contents.--Each report submitted under + subparagraph (A) shall-- + (i) account for each program year; and + (ii) include with respect to each business + incubator receiving grant funds under the + program-- + (I) the number of Native businesses + and Native entrepreneurs that received + business incubation or other services; + (II) the number of businesses + established with the assistance of the + business incubator; + (III) the number of jobs + established or maintained by Native + businesses and Native entrepreneurs + receiving business incubation services, + including a description of where the + jobs are located with respect to + reservation communities; + (IV) to the maximum extent + practicable, the amount of capital + investment and loan financing accessed + by Native businesses and Native + entrepreneurs receiving business + incubation services; and + (V) an evaluation of the overall + performance of the business incubator. + +SEC. 5. REGULATIONS. + + Not later than 180 days after the date of enactment of this Act, +the Secretary shall promulgate regulations to implement the program. + +SEC. 6. SCHOOLS TO BUSINESS INCUBATOR PIPELINE. + + The Secretary shall facilitate the establishment of relationships +between eligible applicants receiving funds through the program and +educational institutions serving Native American communities, including +tribal colleges and universities. + +SEC. 7. AGENCY PARTNERSHIPS. + + The Secretary shall coordinate with the Secretary of Agriculture, +the Secretary of Commerce, the Secretary of the Treasury, and the +Administrator of the Small Business Administration to ensure, to the +maximum extent practicable, that business incubators receiving grant +funds under the program have the information and materials needed to +provide Native businesses and Native entrepreneurs with the information +and assistance necessary to apply for business and entrepreneurial +development programs administered by the Department of Agriculture, the +Department of Commerce, the Department of the Treasury, and the Small +Business Administration. + +SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS. + + There are authorized to be appropriated to carry out the program +$5,000,000 for each of fiscal years 2020 through 2024. + \ No newline at end of file From a0209da6419c925944b873748cef3e78a5db0cf3 Mon Sep 17 00:00:00 2001 From: "Sen. Udall, Tom [D-NM]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 710/984] Senate-294: Engrossed in Senate --- bills_text/Senate-294.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-294.txt b/bills_text/Senate-294.txt index 3ad4538..c97dab6 100644 --- a/bills_text/Senate-294.txt +++ b/bills_text/Senate-294.txt @@ -2,25 +2,9 @@ 1st Session S. 294 -To establish a business incubators program within the Department of the - Interior to promote economic development in Indian reservation - communities. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - January 31, 2019 - -Mr. Udall (for himself, Mr. Heinrich, Ms. Warren, Ms. Cortez Masto, and - Ms. Smith) introduced the following bill; which was read twice and - referred to the Committee on Indian Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -553,4 +537,22 @@ SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS. There are authorized to be appropriated to carry out the program $5,000,000 for each of fiscal years 2020 through 2024. - \ No newline at end of file + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 294 + +_______________________________________________________________________ + + AN ACT + +To establish a business incubators program within the Department of the + Interior to promote economic development in Indian reservation + communities. From 1986fff872680ce306febc7750ec25635a718927 Mon Sep 17 00:00:00 2001 From: "Sen. Udall, Tom [D-NM]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 711/984] Senate-294: Enrolled --- bills_text/Senate-294.txt | 937 ++++++++++++++++++-------------------- 1 file changed, 434 insertions(+), 503 deletions(-) diff --git a/bills_text/Senate-294.txt b/bills_text/Senate-294.txt index c97dab6..071df3a 100644 --- a/bills_text/Senate-294.txt +++ b/bills_text/Senate-294.txt @@ -1,104 +1,101 @@ -116th CONGRESS - 1st Session - S. 294 + S.294 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To establish a business incubators program within the Department of the - Interior to promote economic development in Indian reservation + Interior to promote economic development in Indian reservation communities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Native American Business Incubators Program Act''. - SEC. 2. FINDINGS. - Congress finds that-- - (1) entrepreneurs face specific challenges when - transforming ideas into profitable business enterprises; - (2) entrepreneurs that want to provide products and - services in reservation communities face an additional set of - challenges that requires special knowledge; - (3) a business incubator is an organization that assists - entrepreneurs in navigating obstacles that prevent innovative - ideas from becoming viable businesses by providing services - that include-- - (A) workspace and facilities resources; - (B) access to capital, business education, and - counseling; - (C) networking opportunities; - (D) mentorship opportunities; and - (E) an environment intended to help establish and - expand business operations; - (4) the business incubator model is suited to accelerating - entrepreneurship in reservation communities because the - business incubator model promotes collaboration to address - shared challenges and provides individually tailored services - for the purpose of overcoming obstacles unique to each - participating business; and - (5) business incubators will stimulate economic development - by providing Native entrepreneurs with the tools necessary to - grow businesses that offer products and services to reservation - communities. - + (1) entrepreneurs face specific challenges when transforming + ideas into profitable business enterprises; + (2) entrepreneurs that want to provide products and services in + reservation communities face an additional set of challenges that + requires special knowledge; + (3) a business incubator is an organization that assists + entrepreneurs in navigating obstacles that prevent innovative ideas + from becoming viable businesses by providing services that + include-- + (A) workspace and facilities resources; + (B) access to capital, business education, and counseling; + (C) networking opportunities; + (D) mentorship opportunities; and + (E) an environment intended to help establish and expand + business operations; + (4) the business incubator model is suited to accelerating + entrepreneurship in reservation communities because the business + incubator model promotes collaboration to address shared challenges + and provides individually tailored services for the purpose of + overcoming obstacles unique to each participating business; and + (5) business incubators will stimulate economic development by + providing Native entrepreneurs with the tools necessary to grow + businesses that offer products and services to reservation + communities. SEC. 3. DEFINITIONS. - In this Act: - (1) Business incubator.--The term ``business incubator'' - means an organization that-- - (A) provides physical workspace and facilities - resources to startups and established businesses; and - (B) is designed to accelerate the growth and - success of businesses through a variety of business - support resources and services, including-- - (i) access to capital, business education, - and counseling; - (ii) networking opportunities; - (iii) mentorship opportunities; and - (iv) other services intended to aid in - developing a business. - (2) Eligible applicant.--The term ``eligible applicant'' - means an applicant eligible to apply for a grant under section - 4(b). - (3) 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). - (4) Institution of higher education.--The term - ``institution of higher education'' has the meaning given the - term in section 101 of the Higher Education Act of 1965 (20 - U.S.C. 1001). - (5) Native american; native.--The terms ``Native American'' - and ``Native'' have the meaning given the term ``Indian'' in - section 4 of the Indian Self-Determination and Education - Assistance Act (25 U.S.C. 5304). - (6) Native business.--The term ``Native business'' means a - business concern that is at least 51-percent owned and - controlled by 1 or more Native Americans. - (7) Native entrepreneur.--The term ``Native entrepreneur'' - means an entrepreneur who is a Native American. - (8) Program.--The term ``program'' means the program - established under section 4(a). - (9) Reservation.--The term ``reservation'' has the meaning - given the term in section 3 of the Indian Financing Act of 1974 - (25 U.S.C. 1452). - (10) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - (11) Tribal college or university.--The term ``tribal - college or university'' has the meaning given the term ``Tribal - College or University'' in section 316(b) of the Higher - Education Act of 1965 (20 U.S.C. 1059c(b)). - + (1) Business incubator.--The term ``business incubator'' means + an organization that-- + (A) provides physical workspace and facilities resources to + startups and established businesses; and + (B) is designed to accelerate the growth and success of + businesses through a variety of business support resources and + services, including-- + (i) access to capital, business education, and + counseling; + (ii) networking opportunities; + (iii) mentorship opportunities; and + (iv) other services intended to aid in developing a + business. + (2) Eligible applicant.--The term ``eligible applicant'' means + an applicant eligible to apply for a grant under section 4(b). + (3) 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). + (4) Institution of higher education.--The term ``institution of + higher education'' has the meaning given the term in section 101 of + the Higher Education Act of 1965 (20 U.S.C. 1001). + (5) Native american; native.--The terms ``Native American'' and + ``Native'' have the meaning given the term ``Indian'' in section 4 + of the Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304). + (6) Native business.--The term ``Native business'' means a + business concern that is at least 51-percent owned and controlled + by 1 or more Native Americans. + (7) Native entrepreneur.--The term ``Native entrepreneur'' + means an entrepreneur who is a Native American. + (8) Program.--The term ``program'' means the program + established under section 4(a). + (9) Reservation.--The term ``reservation'' has the meaning + given the term in section 3 of the Indian Financing Act of 1974 (25 + U.S.C. 1452). + (10) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. + (11) Tribal college or university.--The term ``tribal college + or university'' has the meaning given the term ``Tribal College or + University'' in section 316(b) of the Higher Education Act of 1965 + (20 U.S.C. 1059c(b)). SEC. 4. ESTABLISHMENT OF PROGRAM. - (a) In General.--The Secretary shall establish a program in the Office of Indian Energy and Economic Development under which the Secretary shall provide financial assistance in the form of competitive @@ -107,421 +104,371 @@ business incubators that serve reservation communities by providing business incubation and other business services to Native businesses and Native entrepreneurs. (b) Eligible Applicants.-- - (1) In general.--To be eligible to receive a grant under - the program, an applicant shall-- - (A) be-- - (i) an Indian tribe; - (ii) a tribal college or university; - (iii) an institution of higher education; - or - (iv) a private nonprofit organization or - tribal nonprofit organization that-- - (I) provides business and financial - technical assistance; and - (II) will commit to serving 1 or - more reservation communities; - (B) be able to provide the physical workspace, - equipment, and connectivity necessary for Native - businesses and Native entrepreneurs to collaborate and - conduct business on a local, regional, national, and - international level; and - (C) in the case of an entity described in clauses - (ii) through (iv) of subparagraph (A), have been - operational for not less than 1 year before receiving a - grant under the program. - (2) Joint project.-- - (A) In general.--Two or more entities may submit a - joint application for a project that combines the - resources and expertise of those entities at a physical - location dedicated to assisting Native businesses and - Native entrepreneurs under the program. - (B) Contents.--A joint application submitted under - subparagraph (A) shall-- - (i) contain a certification that each - participant of the joint project is one of the - eligible entities described in paragraph - (1)(A); and - (ii) demonstrate that together the - participants meet the requirements of - subparagraphs (B) and (C) of paragraph (1). + (1) In general.--To be eligible to receive a grant under the + program, an applicant shall-- + (A) be-- + (i) an Indian tribe; + (ii) a tribal college or university; + (iii) an institution of higher education; or + (iv) a private nonprofit organization or tribal + nonprofit organization that-- + + (I) provides business and financial technical + assistance; and + (II) will commit to serving 1 or more reservation + communities; + + (B) be able to provide the physical workspace, equipment, + and connectivity necessary for Native businesses and Native + entrepreneurs to collaborate and conduct business on a local, + regional, national, and international level; and + (C) in the case of an entity described in clauses (ii) + through (iv) of subparagraph (A), have been operational for not + less than 1 year before receiving a grant under the program. + (2) Joint project.-- + (A) In general.--Two or more entities may submit a joint + application for a project that combines the resources and + expertise of those entities at a physical location dedicated to + assisting Native businesses and Native entrepreneurs under the + program. + (B) Contents.--A joint application submitted under + subparagraph (A) shall-- + (i) contain a certification that each participant of + the joint project is one of the eligible entities described + in paragraph (1)(A); and + (ii) demonstrate that together the participants meet + the requirements of subparagraphs (B) and (C) of paragraph + (1). (c) Application and Selection Process.-- - (1) Application requirements.--Each eligible applicant - desiring a grant under the program shall submit to the - Secretary an application at such time, in such manner, and - containing such information as the Secretary may require, - including-- - (A) a certification that the applicant-- - (i) is an eligible applicant; - (ii) will designate an executive director - or program manager, if such director or manager - has not been designated, to manage the business - incubator; and - (iii) agrees-- - (I) to a site evaluation by the - Secretary as part of the final - selection process; - (II) to an annual programmatic and - financial examination for the duration - of the grant; and - (III) to the maximum extent - practicable, to remedy any problems - identified pursuant to the site - evaluation under subclause (I) or an - examination under subclause (II); - (B) a description of the 1 or more reservation - communities to be served by the business incubator; - (C) a 3-year plan that describes-- - (i) the number of Native businesses and - Native entrepreneurs to be participating in the - business incubator; - (ii) whether the business incubator will - focus on a particular type of business or - industry; - (iii) a detailed breakdown of the services - to be offered to Native businesses and Native - entrepreneurs participating in the business - incubator; and - (iv) a detailed breakdown of the services, - if any, to be offered to Native businesses and - Native entrepreneurs not participating in the - business incubator; - (D) information demonstrating the effectiveness and - experience of the eligible applicant in-- - (i) conducting financial, management, and - marketing assistance programs designed to - educate or improve the business skills of - current or prospective businesses; - (ii) working in and providing services to - Native American communities; - (iii) providing assistance to entities - conducting business in reservation communities; - (iv) providing technical assistance under - Federal business and entrepreneurial - development programs for which Native - businesses and Native entrepreneurs are - eligible; and - (v) managing finances and staff - effectively; and - (E) a site description of the location at which the - eligible applicant will provide physical workspace, - including a description of the technologies, equipment, - and other resources that will be available to Native - businesses and Native entrepreneurs participating in - the business incubator. - (2) Evaluation considerations.-- - (A) In general.--In evaluating each application, - the Secretary shall consider-- - (i) the ability of the eligible applicant-- - (I) to operate a business incubator - that effectively imparts - entrepreneurship and business skills to - Native businesses and Native - entrepreneurs, as demonstrated by the - experience and qualifications of the - eligible applicant; - (II) to commence providing services - within a minimum period of time, to be - determined by the Secretary; and - (III) to provide quality incubation - services to a significant number of - Native businesses and Native - entrepreneurs; - (ii) the experience of the eligible - applicant in providing services in Native - American communities, including in the 1 or - more reservation communities described in the - application; and - (iii) the proposed location of the business - incubator. - (B) Priority.-- - (i) In general.--In evaluating the proposed - location of the business incubator under - subparagraph (A)(iii), the Secretary shall-- - (I) consider the program goal of - achieving broad geographic distribution - of business incubators; and - (II) except as provided in clause - (ii), give priority to eligible - applicants that will provide business - incubation services on or near the - reservation of the 1 or more - communities that were described in the - application. - (ii) Exception.--The Secretary may give - priority to an eligible applicant that is not - located on or near the reservation of the 1 or - more communities that were described in the - application if the Secretary determines that-- - (I) the location of the business - incubator will not prevent the eligible - applicant from providing quality - business incubation services to Native - businesses and Native entrepreneurs - from the 1 or more reservation - communities to be served; and - (II) siting the business incubator - in the identified location will serve - the interests of the 1 or more - reservation communities to be served. - (3) Site evaluation.-- - (A) In general.--Before making a grant to an - eligible applicant, the Secretary shall conduct a site - visit, evaluate a video submission, or evaluate a - written site proposal (if the applicant is not yet in - possession of the site) of the proposed site to ensure - the proposed site will permit the eligible applicant to - meet the requirements of the program. - (B) Written site proposal.--A written site proposal - shall meet the requirements described in paragraph - (1)(E) and contain-- - (i) sufficient detail for the Secretary to - ensure in the absence of a site visit or video - submission that the proposed site will permit - the eligible applicant to meet the requirements - of the program; and - (ii) a timeline describing when the - eligible applicant will be-- - (I) in possession of the proposed - site; and - (II) operating the business - incubator at the proposed site. - (C) Followup.--Not later than 1 year after awarding - a grant to an eligible applicant that submits an - application with a written site proposal, the Secretary - shall conduct a site visit or evaluate a video - submission of the site to ensure the site is consistent - with the written site proposal. + (1) Application requirements.--Each eligible applicant desiring + a grant under the program shall submit to the Secretary an + application at such time, in such manner, and containing such + information as the Secretary may require, including-- + (A) a certification that the applicant-- + (i) is an eligible applicant; + (ii) will designate an executive director or program + manager, if such director or manager has not been + designated, to manage the business incubator; and + (iii) agrees-- + + (I) to a site evaluation by the Secretary as part + of the final selection process; + (II) to an annual programmatic and financial + examination for the duration of the grant; and + (III) to the maximum extent practicable, to remedy + any problems identified pursuant to the site evaluation + under subclause (I) or an examination under subclause + (II); + + (B) a description of the 1 or more reservation communities + to be served by the business incubator; + (C) a 3-year plan that describes-- + (i) the number of Native businesses and Native + entrepreneurs to be participating in the business + incubator; + (ii) whether the business incubator will focus on a + particular type of business or industry; + (iii) a detailed breakdown of the services to be + offered to Native businesses and Native entrepreneurs + participating in the business incubator; and + (iv) a detailed breakdown of the services, if any, to + be offered to Native businesses and Native entrepreneurs + not participating in the business incubator; + (D) information demonstrating the effectiveness and + experience of the eligible applicant in-- + (i) conducting financial, management, and marketing + assistance programs designed to educate or improve the + business skills of current or prospective businesses; + (ii) working in and providing services to Native + American communities; + (iii) providing assistance to entities conducting + business in reservation communities; + (iv) providing technical assistance under Federal + business and entrepreneurial development programs for which + Native businesses and Native entrepreneurs are eligible; + and + (v) managing finances and staff effectively; and + (E) a site description of the location at which the + eligible applicant will provide physical workspace, including a + description of the technologies, equipment, and other resources + that will be available to Native businesses and Native + entrepreneurs participating in the business incubator. + (2) Evaluation considerations.-- + (A) In general.--In evaluating each application, the + Secretary shall consider-- + (i) the ability of the eligible applicant-- + + (I) to operate a business incubator that + effectively imparts entrepreneurship and business + skills to Native businesses and Native entrepreneurs, + as demonstrated by the experience and qualifications of + the eligible applicant; + (II) to commence providing services within a + minimum period of time, to be determined by the + Secretary; and + (III) to provide quality incubation services to a + significant number of Native businesses and Native + entrepreneurs; + + (ii) the experience of the eligible applicant in + providing services in Native American communities, + including in the 1 or more reservation communities + described in the application; and + (iii) the proposed location of the business incubator. + (B) Priority.-- + (i) In general.--In evaluating the proposed location of + the business incubator under subparagraph (A)(iii), the + Secretary shall-- + + (I) consider the program goal of achieving broad + geographic distribution of business incubators; and + (II) except as provided in clause (ii), give + priority to eligible applicants that will provide + business incubation services on or near the reservation + of the 1 or more communities that were described in the + application. + + (ii) Exception.--The Secretary may give priority to an + eligible applicant that is not located on or near the + reservation of the 1 or more communities that were + described in the application if the Secretary determines + that-- + + (I) the location of the business incubator will not + prevent the eligible applicant from providing quality + business incubation services to Native businesses and + Native entrepreneurs from the 1 or more reservation + communities to be served; and + (II) siting the business incubator in the + identified location will serve the interests of the 1 + or more reservation communities to be served. + + (3) Site evaluation.-- + (A) In general.--Before making a grant to an eligible + applicant, the Secretary shall conduct a site visit, evaluate a + video submission, or evaluate a written site proposal (if the + applicant is not yet in possession of the site) of the proposed + site to ensure the proposed site will permit the eligible + applicant to meet the requirements of the program. + (B) Written site proposal.--A written site proposal shall + meet the requirements described in paragraph (1)(E) and + contain-- + (i) sufficient detail for the Secretary to ensure in + the absence of a site visit or video submission that the + proposed site will permit the eligible applicant to meet + the requirements of the program; and + (ii) a timeline describing when the eligible applicant + will be-- + + (I) in possession of the proposed site; and + (II) operating the business incubator at the + proposed site. + + (C) Followup.--Not later than 1 year after awarding a grant + to an eligible applicant that submits an application with a + written site proposal, the Secretary shall conduct a site visit + or evaluate a video submission of the site to ensure the site + is consistent with the written site proposal. (d) Administration.-- - (1) Duration.--Each grant awarded under the program shall - be for a term of 3 years. - (2) Payment.-- - (A) In general.--Except as provided in subparagraph - (B), the Secretary shall disburse grant funds awarded - to an eligible applicant in annual installments. - (B) More frequent disbursements.--On request by the - applicant, the Secretary may make disbursements of - grant funds more frequently than annually, on the - condition that disbursements shall be made not more - frequently than quarterly. - (3) Non-federal contributions for initial assistance.-- - (A) In general.--Except as provided in subparagraph - (B), an eligible applicant that receives a grant under - the program shall provide non-Federal contributions in - an amount equal to not less than 25 percent of the - grant amount disbursed each year. - (B) Waiver.--The Secretary may waive, in whole or - in part, the requirements of subparagraph (A) with - respect to an eligible applicant if, after considering - the ability of the eligible applicant to provide non- - Federal contributions, the Secretary determines that-- - (i) the proposed business incubator will - provide quality business incubation services; - and - (ii) the 1 or more reservation communities - to be served are unlikely to receive similar - services because of remoteness or other reasons - that inhibit the provision of business and - entrepreneurial development services. - (4) Renewals.-- - (A) In general.--The Secretary may renew a grant - award under the program for a term not to exceed 3 - years. - (B) Considerations.--In determining whether to - renew a grant award, the Secretary shall consider with - respect to the eligible applicant-- - (i) the results of the annual evaluations - of the eligible applicant under subsection - (f)(1); - (ii) the performance of the business - incubator of the eligible applicant, as - compared to the performance of other business - incubators receiving assistance under the - program; - (iii) whether the eligible applicant - continues to be eligible for the program; and - (iv) the evaluation considerations for - initial awards under subsection (c)(2). - (C) Non-federal contributions for renewals.--An - eligible applicant that receives a grant renewal under - subparagraph (A) shall provide non-Federal - contributions in an amount equal to not less than 33 - percent of the total amount of the grant. - (5) No duplicative grants.--An eligible applicant shall not - be awarded a grant under the program that is duplicative of - existing Federal funding from another source. + (1) Duration.--Each grant awarded under the program shall be + for a term of 3 years. + (2) Payment.-- + (A) In general.--Except as provided in subparagraph (B), + the Secretary shall disburse grant funds awarded to an eligible + applicant in annual installments. + (B) More frequent disbursements.--On request by the + applicant, the Secretary may make disbursements of grant funds + more frequently than annually, on the condition that + disbursements shall be made not more frequently than quarterly. + (3) Non-federal contributions for initial assistance.-- + (A) In general.--Except as provided in subparagraph (B), an + eligible applicant that receives a grant under the program + shall provide non-Federal contributions in an amount equal to + not less than 25 percent of the grant amount disbursed each + year. + (B) Waiver.--The Secretary may waive, in whole or in part, + the requirements of subparagraph (A) with respect to an + eligible applicant if, after considering the ability of the + eligible applicant to provide non-Federal contributions, the + Secretary determines that-- + (i) the proposed business incubator will provide + quality business incubation services; and + (ii) the 1 or more reservation communities to be served + are unlikely to receive similar services because of + remoteness or other reasons that inhibit the provision of + business and entrepreneurial development services. + (4) Renewals.-- + (A) In general.--The Secretary may renew a grant award + under the program for a term not to exceed 3 years. + (B) Considerations.--In determining whether to renew a + grant award, the Secretary shall consider with respect to the + eligible applicant-- + (i) the results of the annual evaluations of the + eligible applicant under subsection (f)(1); + (ii) the performance of the business incubator of the + eligible applicant, as compared to the performance of other + business incubators receiving assistance under the program; + (iii) whether the eligible applicant continues to be + eligible for the program; and + (iv) the evaluation considerations for initial awards + under subsection (c)(2). + (C) Non-federal contributions for renewals.--An eligible + applicant that receives a grant renewal under subparagraph (A) + shall provide non-Federal contributions in an amount equal to + not less than 33 percent of the total amount of the grant. + (5) No duplicative grants.--An eligible applicant shall not be + awarded a grant under the program that is duplicative of existing + Federal funding from another source. (e) Program Requirements.-- - (1) Use of funds.--An eligible applicant receiving a grant - under the program may use grant amounts-- - (A) to provide physical workspace and facilities - for Native businesses and Native entrepreneurs - participating in the business incubator; - (B) to establish partnerships with other - institutions and entities to provide comprehensive - business incubation services to Native businesses and - Native entrepreneurs participating in the business - incubator; and - (C) for any other uses typically associated with - business incubators that the Secretary determines to be - appropriate and consistent with the purposes of the - program. - (2) Minimum requirements.--Each eligible applicant - receiving a grant under the program shall-- - (A) offer culturally tailored incubation services - to Native businesses and Native entrepreneurs; - (B) use a competitive process for selecting Native - businesses and Native entrepreneurs to participate in - the business incubator; - (C) provide physical workspace that permits Native - businesses and Native entrepreneurs to conduct business - and collaborate with other Native businesses and Native - entrepreneurs; - (D) provide entrepreneurship and business skills - training and education to Native businesses and Native - entrepreneurs including-- - (i) financial education, including training - and counseling in-- - (I) applying for and securing - business credit and investment capital; - (II) preparing and presenting - financial statements; and - (III) managing cash flow and other - financial operations of a business; - (ii) management education, including - training and counseling in planning, - organization, staffing, directing, and - controlling each major activity or function of - a business or startup; and - (iii) marketing education, including - training and counseling in-- - (I) identifying and segmenting - domestic and international market - opportunities; - (II) preparing and executing - marketing plans; - (III) locating contract - opportunities; - (IV) negotiating contracts; and - (V) using varying public relations - and advertising techniques; - (E) provide direct mentorship or assistance finding - mentors in the industry in which the Native business or - Native entrepreneur operates or intends to operate; and - (F) provide access to networks of potential - investors, professionals in the same or similar fields, - and other business owners with similar businesses. - (3) Technology.--Each eligible applicant shall leverage - technology to the maximum extent practicable to provide Native - businesses and Native entrepreneurs with access to the - connectivity tools needed to compete and thrive in 21st-century - markets. + (1) Use of funds.--An eligible applicant receiving a grant + under the program may use grant amounts-- + (A) to provide physical workspace and facilities for Native + businesses and Native entrepreneurs participating in the + business incubator; + (B) to establish partnerships with other institutions and + entities to provide comprehensive business incubation services + to Native businesses and Native entrepreneurs participating in + the business incubator; and + (C) for any other uses typically associated with business + incubators that the Secretary determines to be appropriate and + consistent with the purposes of the program. + (2) Minimum requirements.--Each eligible applicant receiving a + grant under the program shall-- + (A) offer culturally tailored incubation services to Native + businesses and Native entrepreneurs; + (B) use a competitive process for selecting Native + businesses and Native entrepreneurs to participate in the + business incubator; + (C) provide physical workspace that permits Native + businesses and Native entrepreneurs to conduct business and + collaborate with other Native businesses and Native + entrepreneurs; + (D) provide entrepreneurship and business skills training + and education to Native businesses and Native entrepreneurs + including-- + (i) financial education, including training and + counseling in-- + + (I) applying for and securing business credit and + investment capital; + (II) preparing and presenting financial statements; + and + (III) managing cash flow and other financial + operations of a business; + + (ii) management education, including training and + counseling in planning, organization, staffing, directing, + and controlling each major activity or function of a + business or startup; and + (iii) marketing education, including training and + counseling in-- + + (I) identifying and segmenting domestic and + international market opportunities; + (II) preparing and executing marketing plans; + (III) locating contract opportunities; + (IV) negotiating contracts; and + (V) using varying public relations and advertising + techniques; + + (E) provide direct mentorship or assistance finding mentors + in the industry in which the Native business or Native + entrepreneur operates or intends to operate; and + (F) provide access to networks of potential investors, + professionals in the same or similar fields, and other business + owners with similar businesses. + (3) Technology.--Each eligible applicant shall leverage + technology to the maximum extent practicable to provide Native + businesses and Native entrepreneurs with access to the connectivity + tools needed to compete and thrive in 21st-century markets. (f) Oversight.-- - (1) Annual evaluations.--Not later than 1 year after the - date on which the Secretary awards a grant to an eligible - applicant under the program, and annually thereafter for the - duration of the grant, the Secretary shall conduct an - evaluation of, and prepare a report on, the eligible applicant, - which shall-- - (A) describe the performance of the eligible - applicant; and - (B) be used in determining the ongoing eligibility - of the eligible applicant. - (2) Annual report.-- - (A) In general.--Not later than 1 year after the - date on which the Secretary awards a grant to an - eligible applicant under the program, and annually - thereafter for the duration of the grant, each eligible - applicant receiving an award under the program shall - submit to the Secretary a report describing the - services the eligible applicant provided under the - program during the preceding year. - (B) Report content.--The report described in - subparagraph (A) shall include-- - (i) a detailed breakdown of the Native - businesses and Native entrepreneurs receiving - services from the business incubator, - including, for the year covered by the report-- - (I) the number of Native businesses - and Native entrepreneurs participating - in or receiving services from the - business incubator and the types of - services provided to those Native - businesses and Native entrepreneurs; - (II) the number of Native - businesses and Native entrepreneurs - established and jobs created or - maintained; and - (III) the performance of Native - businesses and Native entrepreneurs - while participating in the business - incubator and after graduation or - departure from the business incubator; - and - (ii) any other information the Secretary - may require to evaluate the performance of a - business incubator to ensure appropriate - implementation of the program. - (C) Limitations.--To the maximum extent - practicable, the Secretary shall not require an - eligible applicant to report under subparagraph (A) - information provided to the Secretary by the eligible - applicant under other programs. - (D) Coordination.--The Secretary shall coordinate - with the heads of other Federal agencies to ensure - that, to the maximum extent practicable, the report - content and form under subparagraphs (A) and (B) are - consistent with other reporting requirements for - Federal programs that provide business and - entrepreneurial assistance. - (3) Report to congress.-- - (A) In general.--Not later than 2 years after the - date on which the Secretary first awards funding under - the program, and biennially thereafter, the Secretary - shall submit to the Committee on Indian Affairs of the - Senate and the Committee on Natural Resources of the - House of Representatives a report on the performance - and effectiveness of the program. - (B) Contents.--Each report submitted under - subparagraph (A) shall-- - (i) account for each program year; and - (ii) include with respect to each business - incubator receiving grant funds under the - program-- - (I) the number of Native businesses - and Native entrepreneurs that received - business incubation or other services; - (II) the number of businesses - established with the assistance of the - business incubator; - (III) the number of jobs - established or maintained by Native - businesses and Native entrepreneurs - receiving business incubation services, - including a description of where the - jobs are located with respect to - reservation communities; - (IV) to the maximum extent - practicable, the amount of capital - investment and loan financing accessed - by Native businesses and Native - entrepreneurs receiving business - incubation services; and - (V) an evaluation of the overall - performance of the business incubator. + (1) Annual evaluations.--Not later than 1 year after the date + on which the Secretary awards a grant to an eligible applicant + under the program, and annually thereafter for the duration of the + grant, the Secretary shall conduct an evaluation of, and prepare a + report on, the eligible applicant, which shall-- + (A) describe the performance of the eligible applicant; and + (B) be used in determining the ongoing eligibility of the + eligible applicant. + (2) Annual report.-- + (A) In general.--Not later than 1 year after the date on + which the Secretary awards a grant to an eligible applicant + under the program, and annually thereafter for the duration of + the grant, each eligible applicant receiving an award under the + program shall submit to the Secretary a report describing the + services the eligible applicant provided under the program + during the preceding year. + (B) Report content.--The report described in subparagraph + (A) shall include-- + (i) a detailed breakdown of the Native businesses and + Native entrepreneurs receiving services from the business + incubator, including, for the year covered by the report-- -SEC. 5. REGULATIONS. + (I) the number of Native businesses and Native + entrepreneurs participating in or receiving services + from the business incubator and the types of services + provided to those Native businesses and Native + entrepreneurs; + (II) the number of Native businesses and Native + entrepreneurs established and jobs created or + maintained; and + (III) the performance of Native businesses and + Native entrepreneurs while participating in the + business incubator and after graduation or departure + from the business incubator; and + + (ii) any other information the Secretary may require to + evaluate the performance of a business incubator to ensure + appropriate implementation of the program. + (C) Limitations.--To the maximum extent practicable, the + Secretary shall not require an eligible applicant to report + under subparagraph (A) information provided to the Secretary by + the eligible applicant under other programs. + (D) Coordination.--The Secretary shall coordinate with the + heads of other Federal agencies to ensure that, to the maximum + extent practicable, the report content and form under + subparagraphs (A) and (B) are consistent with other reporting + requirements for Federal programs that provide business and + entrepreneurial assistance. + (3) Report to congress.-- + (A) In general.--Not later than 2 years after the date on + which the Secretary first awards funding under the program, and + biennially thereafter, the Secretary shall submit to the + Committee on Indian Affairs of the Senate and the Committee on + Natural Resources of the House of Representatives a report on + the performance and effectiveness of the program. + (B) Contents.--Each report submitted under subparagraph (A) + shall-- + (i) account for each program year; and + (ii) include with respect to each business incubator + receiving grant funds under the program-- + (I) the number of Native businesses and Native + entrepreneurs that received business incubation or + other services; + (II) the number of businesses established with the + assistance of the business incubator; + (III) the number of jobs established or maintained + by Native businesses and Native entrepreneurs receiving + business incubation services, including a description + of where the jobs are located with respect to + reservation communities; + (IV) to the maximum extent practicable, the amount + of capital investment and loan financing accessed by + Native businesses and Native entrepreneurs receiving + business incubation services; and + (V) an evaluation of the overall performance of the + business incubator. + +SEC. 5. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement the program. - SEC. 6. SCHOOLS TO BUSINESS INCUBATOR PIPELINE. - The Secretary shall facilitate the establishment of relationships between eligible applicants receiving funds through the program and educational institutions serving Native American communities, including tribal colleges and universities. - SEC. 7. AGENCY PARTNERSHIPS. - The Secretary shall coordinate with the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Treasury, and the Administrator of the Small Business Administration to ensure, to the @@ -532,27 +479,11 @@ and assistance necessary to apply for business and entrepreneurial development programs administered by the Department of Agriculture, the Department of Commerce, the Department of the Treasury, and the Small Business Administration. - SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS. - There are authorized to be appropriated to carry out the program $5,000,000 for each of fiscal years 2020 through 2024. - Passed the Senate June 27, 2019. - - Attest: - - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - S. 294 - -_______________________________________________________________________ - - AN ACT - -To establish a business incubators program within the Department of the - Interior to promote economic development in Indian reservation - communities. + Vice President of the United States and + President of the Senate. From 2343800522bddd0353e3b978b48a8f92bf88d4fa Mon Sep 17 00:00:00 2001 From: "Sen. Shaheen, Jeanne [D-NH]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 712/984] Senate-327: Introduced to Senate --- bills_text/Senate-327.txt | 57 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 57 insertions(+) create mode 100644 bills_text/Senate-327.txt diff --git a/bills_text/Senate-327.txt b/bills_text/Senate-327.txt new file mode 100644 index 0000000..a5223fd --- /dev/null +++ b/bills_text/Senate-327.txt @@ -0,0 +1,57 @@ +116th CONGRESS + 1st Session + S. 327 + +To amend the Federal Lands Recreation Enhancement Act to provide for a + lifetime National Recreational Pass for any veteran with a service- + connected disability. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 4, 2019 + + Mrs. Shaheen (for herself and Ms. Collins) introduced the following +bill; which was read twice and referred to the Committee on Energy and + Natural Resources + +_______________________________________________________________________ + + A BILL + + + +To amend the Federal Lands Recreation Enhancement Act to provide for a + lifetime National Recreational Pass for any veteran with a service- + connected disability. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Wounded Veterans Recreation Act''. + +SEC. 2. NATIONAL RECREATIONAL PASSES FOR DISABLED VETERANS. + + Section 805(b) of the Federal Lands Recreation Enhancement Act (16 +U.S.C. 6804(b)) is amended by striking paragraph (2) and inserting the +following: + ``(2) Disability discount.--The Secretary shall make the + National Parks and Federal Recreational Lands Pass available, + without charge and for the lifetime of the passholder, to the + following: + ``(A) Any United States citizen or person domiciled + in the United States who has been medically determined + to be permanently disabled for purposes of section + 7(20)(A)(i) of the Rehabilitation Act of 1973 (29 + U.S.C. 705(20)(A)(i)), if the citizen or person + provides adequate proof of the disability and such + citizenship or residency. + ``(B) Any veteran who has been found to have a + compensable or noncompensable service-connected + disability under title 38, United States Code.''. + \ No newline at end of file From 5bc0addf2e43df2c840c456de4359319f563c86f Mon Sep 17 00:00:00 2001 From: "Sen. Shaheen, Jeanne [D-NH]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 713/984] Senate-327: Engrossed in Senate --- bills_text/Senate-327.txt | 54 ++++++++++++++++++++------------------- 1 file changed, 28 insertions(+), 26 deletions(-) diff --git a/bills_text/Senate-327.txt b/bills_text/Senate-327.txt index a5223fd..ea42bca 100644 --- a/bills_text/Senate-327.txt +++ b/bills_text/Senate-327.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 327 -To amend the Federal Lands Recreation Enhancement Act to provide for a - lifetime National Recreational Pass for any veteran with a service- - connected disability. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - February 4, 2019 - - Mrs. Shaheen (for herself and Ms. Collins) introduced the following -bill; which was read twice and referred to the Committee on Energy and - Natural Resources - -_______________________________________________________________________ - - A BILL + AN ACT @@ -46,12 +30,30 @@ following: following: ``(A) Any United States citizen or person domiciled in the United States who has been medically determined - to be permanently disabled for purposes of section - 7(20)(A)(i) of the Rehabilitation Act of 1973 (29 - U.S.C. 705(20)(A)(i)), if the citizen or person - provides adequate proof of the disability and such - citizenship or residency. + to be permanently disabled, within the meaning of the + term `disability' under section 3 of the Americans with + Disabilities Act of 1990 (42 U.S.C. 12102), if the + citizen or person provides adequate proof of the + disability and such citizenship or residency. ``(B) Any veteran who has been found to have a - compensable or noncompensable service-connected - disability under title 38, United States Code.''. - \ No newline at end of file + service-connected disability under title 38, United + States Code.''. + + Passed the Senate June 22, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 327 + +_______________________________________________________________________ + + AN ACT + +To amend the Federal Lands Recreation Enhancement Act to provide for a + lifetime National Recreational Pass for any veteran with a service- + connected disability. From cda2b39c50ba3dfe8246f52f0833783ccebb692f Mon Sep 17 00:00:00 2001 From: "Sen. Shaheen, Jeanne [D-NH]" <> Date: Sun, 27 Dec 2020 18:28:41 -0500 Subject: [PATCH 714/984] Senate-327: Enrolled --- bills_text/Senate-327.txt | 80 +++++++++++++++++---------------------- 1 file changed, 35 insertions(+), 45 deletions(-) diff --git a/bills_text/Senate-327.txt b/bills_text/Senate-327.txt index ea42bca..580c7db 100644 --- a/bills_text/Senate-327.txt +++ b/bills_text/Senate-327.txt @@ -1,59 +1,49 @@ -116th CONGRESS - 2d Session - S. 327 + S.327 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend the Federal Lands Recreation Enhancement Act to provide for a - lifetime National Recreational Pass for any veteran with a service- - connected disability. + To amend the Federal Lands Recreation Enhancement Act to provide for a + lifetime National Recreational Pass for any veteran with a service- + connected disability. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Wounded Veterans Recreation Act''. - SEC. 2. NATIONAL RECREATIONAL PASSES FOR DISABLED VETERANS. - Section 805(b) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(b)) is amended by striking paragraph (2) and inserting the following: - ``(2) Disability discount.--The Secretary shall make the - National Parks and Federal Recreational Lands Pass available, - without charge and for the lifetime of the passholder, to the - following: - ``(A) Any United States citizen or person domiciled - in the United States who has been medically determined - to be permanently disabled, within the meaning of the - term `disability' under section 3 of the Americans with - Disabilities Act of 1990 (42 U.S.C. 12102), if the - citizen or person provides adequate proof of the - disability and such citizenship or residency. - ``(B) Any veteran who has been found to have a - service-connected disability under title 38, United - States Code.''. - - Passed the Senate June 22, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 327 - -_______________________________________________________________________ - - AN ACT - -To amend the Federal Lands Recreation Enhancement Act to provide for a - lifetime National Recreational Pass for any veteran with a service- - connected disability. + ``(2) Disability discount.--The Secretary shall make the + National Parks and Federal Recreational Lands Pass available, + without charge and for the lifetime of the passholder, to the + following: + ``(A) Any United States citizen or person domiciled in the + United States who has been medically determined to be + permanently disabled, within the meaning of the term + `disability' under section 3 of the Americans with Disabilities + Act of 1990 (42 U.S.C. 12102), if the citizen or person + provides adequate proof of the disability and such citizenship + or residency. + ``(B) Any veteran who has been found to have a service- + connected disability under title 38, United States Code.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 47cd5422b0103bc00dcf2642bfa6616117f2b577 Mon Sep 17 00:00:00 2001 From: "Sen. Carper, Thomas R. [D-DE]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 715/984] Senate-375: Introduced to Senate --- bills_text/Senate-375.txt | 1299 +++++++++++++++++++++++++++++++++++++ 1 file changed, 1299 insertions(+) create mode 100644 bills_text/Senate-375.txt diff --git a/bills_text/Senate-375.txt b/bills_text/Senate-375.txt new file mode 100644 index 0000000..55d440f --- /dev/null +++ b/bills_text/Senate-375.txt @@ -0,0 +1,1299 @@ +116th CONGRESS + 1st Session + S. 375 + + To improve efforts to identify and reduce Governmentwide improper + payments, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 7, 2019 + + Mr. Carper (for himself, Mr. Johnson, Mr. Peters, and Mr. Braun) +introduced the following bill; which was read twice and referred to the + Committee on Homeland Security and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To improve efforts to identify and reduce Governmentwide improper + payments, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Payment Integrity Information Act of +2019''. + +SEC. 2. IMPROPER PAYMENTS. + + (a) In General.--Chapter 33 of title 31, United States Code, is +amended by adding at the end the following: + + ``Subchapter IV--Improper Payments + +``Sec. 3351. Definitions + ``In this subchapter: + ``(1) Annual financial statement.--The term `annual + financial statement' means the annual financial statement + required under section 3515 of this title or similar provision + of law. + ``(2) Compliance.--The term `compliance' means that an + executive agency-- + ``(A) has-- + ``(i) published improper payments + information with the annual financial statement + of the executive agency for the most recent + fiscal year; and + ``(ii) posted on the website of the + executive agency that statement and any + accompanying materials required under guidance + of the Office of Management and Budget; + ``(B) if required, has conducted a program specific + risk assessment for each program or activity that + conforms with the requirements under section 3352(a); + ``(C) if required, publishes improper payments + estimates for all programs and activities identified + under section 3352(a) in the accompanying materials to + the annual financial statement; + ``(D) publishes programmatic corrective action + plans prepared under section 3352(d) that the executive + agency may have in the accompanying materials to the + annual financial statement; + ``(E) publishes improper payments reduction targets + established under section 3352(d) that the executive + agency may have in the accompanying materials to the + annual financial statement for each program or activity + assessed to be at risk, and has demonstrated + improvements and developed a plan to meet the reduction + targets; and + ``(F) has reported an improper payment rate of less + than 10 percent for each program and activity for which + an estimate was published under section 3352(c). + ``(3) Do not pay initiative.--The term `Do Not Pay + Initiative' means the initiative described in section 3354(b). + ``(4) Improper payment.--The term `improper payment'-- + ``(A) means any payment that should not have been + made or that was made in an incorrect amount, including + an overpayment or underpayment, under a statutory, + contractual, administrative, or other legally + applicable requirement; and + ``(B) includes-- + ``(i) any payment to an ineligible + recipient; + ``(ii) any payment for an ineligible good + or service; + ``(iii) any duplicate payment; + ``(iv) any payment for a good or service + not received, except for those payments where + authorized by law; and + ``(v) any payment that does not account for + credit for applicable discounts. + ``(5) Payment.--The term `payment' means any transfer or + commitment for future transfer of Federal funds such as cash, + securities, loans, loan guarantees, and insurance subsidies to + any non-Federal person or entity or a Federal employee, that is + made by a Federal agency, a Federal contractor, a Federal + grantee, or a governmental or other organization administering + a Federal program or activity. + ``(6) Payment for an ineligible good or service.--The term + `payment for an ineligible good or service' includes a payment + for any good or service that is rejected under any provision of + any contract, grant, lease, cooperative agreement, or other + funding mechanism. + ``(7) Recovery audit.--The term `recovery audit' means a + recovery audit described in section 3352(i). + ``(8) State.--The term `State' means each State of the + United States, the District of Columbia, each territory or + possession of the United States, and each Federally recognized + Indian tribe. +``Sec. 3352. Estimates of improper payments and reports on actions to + reduce improper payments + ``(a) Identification of Susceptible Programs and Activities.-- + ``(1) In general.--The head of each executive agency shall, + in accordance with guidance prescribed by the Director of the + Office of Management and Budget-- + ``(A) periodically review all programs and + activities that the head of the executive agency + administers; and + ``(B) identify all programs and activities with + outlays exceeding the statutory threshold dollar amount + described in paragraph (3)(A)(i) that may be + susceptible to significant improper payments. + ``(2) Frequency.--A review under paragraph (1) shall be + performed for each program and activity that the head of an + executive agency administers not less frequently than once + every 3 fiscal years. + ``(3) Risk assessments.-- + ``(A) Definition of significant.--In this + paragraph, the term `significant' means that, in the + preceding fiscal year, the sum of a program or + activity's improper payments and payments whose + propriety cannot be determined by the executive agency + due to lacking or insufficient documentation may have + exceeded-- + ``(i) $10,000,000 of all reported program + or activity payments of the executive agency + made during that fiscal year and 1.5 percent of + program outlays; or + ``(ii) $100,000,000. + ``(B) Scope.--In conducting a review under + paragraph (1), the head of each executive agency shall + take into account those risk factors that are likely to + contribute to a susceptibility to significant improper + payments, such as-- + ``(i) whether the program or activity + reviewed is new to the executive agency; + ``(ii) the complexity of the program or + activity reviewed; + ``(iii) the volume of payments made through + the program or activity reviewed; + ``(iv) whether payments or payment + eligibility decisions are made outside of the + executive agency, such as by a State or local + government; + ``(v) recent major changes in program + funding, authorities, practices, or procedures; + ``(vi) the level, experience, and quality + of training for personnel responsible for + making program eligibility determinations or + certifying that payments are accurate; + ``(vii) significant deficiencies in the + audit report of the executive agency or other + relevant management findings that might hinder + accurate payment certification; + ``(viii) similarities to other programs or + activities that have reported improper payment + estimates or been deemed susceptible to + significant improper payments; + ``(ix) the accuracy and reliability of + improper payment estimates previously reported + for the program or activity, or other indicator + of potential susceptibility to improper + payments identified by the Inspector General of + the executive agency, the Government + Accountability Office, other audits performed + by or on behalf of the Federal, State, or local + government, disclosures by the executive + agency, or any other means; + ``(x) whether the program or activity lacks + information or data systems to confirm + eligibility or provide for other payment + integrity needs; and + ``(xi) the risk of fraud as assessed by the + executive agency under the Standards for + Internal Control in the Federal Government + published by the Government Accountability + Office (commonly known as the `Green Book'). + ``(C) Annual report.--Each executive agency shall + publish an annual report that includes-- + ``(i) a listing of each program or activity + identified under paragraph (1), including the + date on which the program or activity was most + recently assessed for risk under paragraph (1); + and + ``(ii) a listing of any program or activity + for which the executive agency makes any + substantial changes to the methodologies of the + reviews conducted under paragraph (1). + ``(b) Improving the Determination of Improper Payments.-- + ``(1) In general.--The Director of the Office of Management + and Budget shall on an annual basis-- + ``(A) identify a list of high-priority Federal + programs for greater levels of oversight and review-- + ``(i) in which the highest dollar value or + highest rate of improper payments occur; or + ``(ii) for which there is a higher risk of + improper payments; and + ``(B) in coordination with the executive agency + responsible for administering a high-priority program + identified under subparagraph (A), establish annual + targets and semi-annual or quarterly actions for + reducing improper payments associated with the high- + priority program. + ``(2) Report on high-priority improper payments.-- + ``(A) In general.--Subject to Federal privacy + policies and to the extent permitted by law, each + executive agency with a program identified under + paragraph (1)(A) shall on an annual basis submit to the + Inspector General of the executive agency and the + Office of Management and Budget, and make available to + the public, including through a website, a report on + that program. + ``(B) Contents.--Each report submitted under + subparagraph (A)-- + ``(i) shall describe any action the + executive agency-- + ``(I) has taken or plans to take to + recover improper payments; and + ``(II) intends to take to prevent + future improper payments; and + ``(ii) shall not include-- + ``(I) any referrals the executive + agency made or anticipates making to + the Department of Justice; or + ``(II) any information provided in + connection with a referral described in + subclause (I). + ``(C) Public availability on central website.--The + Office of Management and Budget shall make each report + submitted under subparagraph (A) available on a central + website. + ``(D) Availability of information to inspector + general.--Subparagraph (B)(ii) shall not prohibit any + referral or information being made available to an + Inspector General as otherwise provided by law. + ``(E) Assessment and recommendations.--The + Inspector General of each executive agency that submits + a report under subparagraph (A) shall, for each program + of the executive agency that is identified under + paragraph (1)(A)-- + ``(i) review-- + ``(I) the assessment of the level + of risk associated with the program and + the quality of the improper payment + estimates and methodology of the + executive agency relating to the + program; and + ``(II) the oversight or financial + controls to identify and prevent + improper payments under the program; + and + ``(ii) submit to the appropriate + authorizing and appropriations committees of + Congress recommendations, which may be included + in another report submitted by the Inspector + General to Congress, for modifying any plans of + the executive agency relating to the program, + including improvements for improper payments + determination and estimation methodology. + ``(F) Annual meeting.--Not less frequently than + once every year, the head of each executive agency with + a program identified under paragraph (1)(A), or a + designee of the head of the executive agency, shall + meet with the Director of the Office of Management and + Budget, or a designee of the Director, to report on + actions taken during the preceding year and planned + actions to prevent improper payments. + ``(c) Estimation of Improper Payments.-- + ``(1) Estimation.--With respect to each program and + activity identified under subsection (a)(1), the head of the + relevant executive agency shall-- + ``(A) produce a statistically valid estimate, or an + estimate that is otherwise appropriate using a + methodology approved by the Director of the Office of + Management and Budget, of the improper payments made + under the program or activity; and + ``(B) include the estimates described in + subparagraph (A) in the accompanying materials to the + annual financial statement of the executive agency and + as required in applicable guidance of the Office of + Management and Budget. + ``(2) Lacking or insufficient documentation.-- + ``(A) In general.--For the purpose of producing an + estimate under paragraph (1), when the executive agency + cannot determine, due to lacking or insufficient + documentation, whether a payment is proper or not, the + payment shall be treated as an improper payment. + ``(B) Separate report.--The head of an executive + agency may report separately on what portion of the + improper payments estimate for a program or activity of + the executive agency under paragraph (1) is + attributable to lacking or insufficient documentation. + ``(d) Reports on Actions To Reduce Improper Payments.--With respect +to any program or activity of an executive agency with estimated +improper payments under subsection (c), the head of the executive +agency shall provide with the estimate required under subsection (c) a +report on what actions the executive agency is taking to reduce +improper payments, including-- + ``(1) a description of the causes of the improper payments, + actions planned or taken to correct those causes, and the + planned or actual completion date of the actions taken to + address those causes; + ``(2) in order to reduce improper payments to a level below + which further expenditures to reduce improper payments would + cost more than the amount those expenditures would save in + prevented or recovered improper payments, a statement of + whether the executive agency has what is needed with respect + to-- + ``(A) internal controls; + ``(B) human capital; and + ``(C) information systems and other infrastructure; + ``(3) if the executive agency does not have sufficient + resources to establish and maintain effective internal controls + as described in paragraph (2)(A), a description of the + resources the executive agency has requested in the budget + submission of the executive agency to establish and maintain + those internal controls; + ``(4) program-specific and activity-specific improper + payments reduction targets that have been approved by the + Director of the Office of Management and Budget; + ``(5) a description of the steps the executive agency has + taken to ensure that executive agency managers, programs, and, + where appropriate, States and local governments are held + accountable through annual performance appraisal criteria for-- + ``(A) meeting applicable improper payments + reduction targets; and + ``(B) establishing and maintaining sufficient + internal controls, including an appropriate control + environment, that effectively-- + ``(i) prevent improper payments from being + made; and + ``(ii) promptly detect and recover improper + payments that are made; and + ``(6) a description of how the level of planned or + completed actions by the executive agency to address the causes + of the improper payments matches the level of improper + payments, including a breakdown by category of improper payment + and specific timelines for completion of those actions. + ``(e) Reports on Actions To Recover Improper Payments.--With +respect to improper payments identified in a recovery audit, the head +of the executive agency shall provide with the estimate required under +subsection (c) a report on all actions the executive agency is taking +to recover the improper payments, including-- + ``(1) a discussion of the methods used by the executive + agency to recover improper payments; + ``(2) the amounts recovered, outstanding, and determined to + not be collectable, including the percent those amounts + represent of the total improper payments of the executive + agency; + ``(3) if a determination has been made that certain + improper payments are not collectable, a justification of that + determination; + ``(4) an aging schedule of the amounts outstanding; + ``(5) a summary of how recovered amounts have been disposed + of; + ``(6) a discussion of any conditions giving rise to + improper payments and how those conditions are being resolved; + and + ``(7) if the executive agency has determined under + subsection (i) that performing recovery audits for any + applicable program or activity is not cost-effective, a + justification for that determination. + ``(f) Governmentwide Reporting of Improper Payments and Actions To +Recover Improper Payments.-- + ``(1) Report.--Each fiscal year, the Director of the Office + of Management and Budget shall submit a report with respect to + the preceding fiscal year on actions that executive agencies + have taken to report information regarding improper payments + and actions to recover improper payments to-- + ``(A) the Committee on Homeland Security and + Governmental Affairs of the Senate; + ``(B) the Committee on Oversight and Reform of the + House of Representatives; and + ``(C) the Comptroller General of the United States. + ``(2) Contents.--Each report required under paragraph (1) + shall include-- + ``(A) a summary of the reports of each executive + agency on improper payments and recovery actions + submitted under this section; + ``(B) an identification of the compliance status of + each executive agency, as determined by the Inspector + General of the executive agency under section 3353, to + which this section applies; + ``(C) Governmentwide improper payment reduction + targets; + ``(D) a Governmentwide estimate of improper + payments; and + ``(E) a discussion of progress made towards meeting + Governmentwide improper payment reduction targets. + ``(g) Guidance by the Office of Management and Budget.-- + ``(1) In general.--Not later than 1 year after the date of + enactment of this section, the Director of the Office of + Management and Budget shall prescribe guidance for executive + agencies to implement the requirements of this section, which + shall not include any exemptions to those requirements that are + not specifically authorized by this section. + ``(2) Contents.--The guidance under paragraph (1) shall + prescribe-- + ``(A) the form of the reports on actions to reduce + improper payments, recovery actions, and Governmentwide + reporting; and + ``(B) strategies for addressing risks and + establishing appropriate prepayment and postpayment + internal controls. + ``(h) Determinations of Agency Readiness for Opinion on Internal +Control.--The criteria required to be developed under section 2(g) of +the Improper Payments Elimination and Recovery Act of 2010, as in +effect on the day before the date of enactment of this section-- + ``(1) shall continue to be in effect on and after the date + of enactment of this section; and + ``(2) may be modified as determined appropriate by the + Director of the Office of Management and Budget. + ``(i) Recovery Audits.-- + ``(1) In general.-- + ``(A) Conduct of audits.--Except as provided under + paragraph (3) and if not prohibited under any other + provision of law, the head of each executive agency + shall conduct recovery audits with respect to each + program and activity of the executive agency that + expends $1,000,000 or more annually if conducting the + audits would be cost effective. + ``(B) Procedures.--In conducting a recovery audit + under this subsection, the head of an executive + agency-- + ``(i) shall give priority to the most + recent payments and to payments made in any + program identified as susceptible to + significant improper payments under subsection + (a); + ``(ii) shall implement this subsection in a + manner designed to ensure the greatest + financial benefit to the Federal Government; + and + ``(iii) may conduct the recovery audit + directly, by using other departments and + agencies of the United States, or by procuring + performance of recovery audits by private + sector sources by contract, subject to the + availability of appropriations, or by any + combination thereof. + ``(C) Recovery audit contracts.--With respect to a + recovery audit procured by an executive agency by + contract-- + ``(i) subject to subparagraph (B)(iii), and + except to the extent such actions are outside + the authority of the executive agency under + section 7103 of title 41, the head of the + executive agency may authorize the contractor + to-- + ``(I) notify entities, including + individuals, of potential overpayments + made to those entities; + ``(II) respond to questions + concerning potential overpayments; and + ``(III) take other administrative + actions with respect to an overpayment + claim made or to be made by the + executive agency; and + ``(ii) the contractor shall not have the + authority to make a final determination + relating to whether any overpayment occurred or + whether to compromise, settle, or terminate an + overpayment claim. + ``(D) Contract terms and conditions.-- + ``(i) In general.--The executive agency + shall include in each contract for procurement + of performance of a recovery audit a + requirement that the contractor shall-- + ``(I) provide to the executive + agency periodic reports on conditions + giving rise to overpayments identified + by the contractor and any + recommendations on how to mitigate + those conditions; + ``(II) notify the executive agency + of any overpayments identified by the + contractor pertaining to the executive + agency or to any other executive agency + that are beyond the scope of the + contract; and + ``(III) report to the executive + agency credible evidence of fraud or + vulnerabilities to fraud and conduct + appropriate training of personnel of + the contractor on identification of + fraud. + ``(ii) Reports on actions taken.--Each + executive agency shall, on an annual basis, + include in annual financial statement of the + executive agency a report on actions taken by + the executive agency during the preceding + fiscal year to address the recommendations + described in clause (i)(I). + ``(E) Agency action following notification.--Each + executive agency shall-- + ``(i) take prompt and appropriate action in + response to a report or notification by a + contractor under subclause (I) or (II) of + subparagraph (D)(i) to collect an overpayment; + and + ``(ii) forward to other executive agencies + any information that applies to that executive + agency. + ``(2) Disposition of amounts recovered.-- + ``(A) In general.--Amounts collected by executive + agencies each fiscal year through recovery audits shall + be treated in accordance with this paragraph. + ``(B) Distribution.--The head of an executive + agency shall determine the distribution of collected + amounts described in subparagraph (A), less amounts + needed to fulfill the purposes of section 3562(a) of + this title, in accordance with subparagraphs (C), (D), + and (E). + ``(C) Use for financial management improvement + program.--Not more than 25 percent of the amounts + collected by an executive agency through recovery + audits-- + ``(i) shall be available to the head of the + executive agency to carry out the financial + management improvement program of the executive + agency under paragraph (3); + ``(ii) may be credited, if applicable, for + the purpose described in clause (i) by the head + of an executive agency to any executive agency + appropriations and funds that are available for + obligation at the time of collection; and + ``(iii) shall be used to supplement and not + supplant any other amounts available for the + purpose described in clause (i) and shall + remain available until expended. + ``(D) Use for original purpose.--Not more than 25 + percent of the amounts collected by an executive agency + through recovery audits-- + ``(i) shall be credited to the + appropriation or fund, if any, available for + obligation at the time of collection for the + same general purposes as the appropriation or + fund from which the overpayment was made; + ``(ii) shall remain available for the same + period and purposes as the appropriation or + fund to which credited; and + ``(iii) if the appropriation from which an + overpayment was made has expired-- + ``(I) in the case of recoveries of + overpayments that are made from a trust + or special fund account, shall revert + to that account; and + ``(II) in the case of other + recoveries of overpayments-- + ``(aa) for amounts that are + recovered more than 5 fiscal + years from the last fiscal year + in which the funds were + available for obligation, shall + be deposited in the Treasury as + miscellaneous receipts; and + ``(bb) for other amounts, + shall be newly available for + the same time period as the + funds were originally available + for obligation. + ``(E) Use for inspector general activities.--Not + more than 5 percent of the amounts collected by an + executive agency through recovery audits-- + ``(i) shall be available to the Inspector + General of that executive agency for-- + ``(I) the Inspector General to + carry out this Act; or + ``(II) any other activities of the + Inspector General relating to + investigating improper payments or + auditing internal controls associated + with payments; and + ``(ii) shall remain available for the same + period and purposes as the appropriation or + fund to which credited. + ``(F) Remainder.--Amounts collected that are not + applied in accordance with subparagraph (B), (C), (D), + or (E) shall be deposited in the Treasury as + miscellaneous receipts, except that in the case of + recoveries of overpayments that are made from trust or + special fund accounts, those amounts shall revert to + those accounts. + ``(G) Discretionary amounts.--This paragraph shall + apply only to recoveries of overpayments that are made + from discretionary appropriations, as defined in + section 250(c)(7) of the Balanced Budget and Emergency + Deficit Control Act of 1985 (2 U.S.C. 900(c)(7)), and + shall not apply to recoveries of overpayments that are + made from discretionary amounts that were appropriated + before the date of enactment of the Improper Payments + Elimination and Recovery Act of 2010, as in effect on + the day before the date of enactment of this section. + ``(H) Application.--This paragraph shall not apply + to the recovery of an overpayment if the appropriation + from which the overpayment was made has not expired. + ``(3) Financial management improvement program.-- + ``(A) Requirement.--The head of each executive + agency shall conduct a financial management improvement + program consistent with rules prescribed by the + Director of the Office of Management and Budget. + ``(B) Program features.--In conducting a program + described in subparagraph (A), the head of an executive + agency-- + ``(i) shall, as the first priority of the + program, address problems that contribute + directly to executive agency improper payments; + and + ``(ii) may seek to reduce errors and waste + in other executive agency programs and + operations. + ``(4) Privacy protections.--Any nongovernmental entity + that, in the course of recovery auditing or recovery activity + under this subsection, obtains information that identifies an + individual or with respect to which there is a reasonable basis + to believe that the information can be used to identify an + individual, may not disclose the information for any purpose + other than the recovery auditing or recovery activity and + governmental oversight of the activity, unless disclosure for + that other purpose is authorized by the individual to the + executive agency that contracted for the performance of the + recovery auditing or recovery activity. + ``(5) Rule of construction.--Except as provided under + paragraph (4), nothing in this subsection shall be construed as + terminating or in any way limiting authorities that are + otherwise available to executive agencies under existing + provisions of law to recover improper payments and use + recovered amounts. +``Sec. 3353. Compliance + ``(a) Annual Compliance Report by Inspectors General of Executive +Agencies.-- + ``(1) In general.--Each fiscal year, the Inspector General + of each executive agency shall-- + ``(A) determine whether the executive agency is in + compliance; and + ``(B) submit a report on the determination made + under subparagraph (A) to-- + ``(i) the head of the executive agency; + ``(ii) the Committee on Homeland Security + and Governmental Affairs of the Senate; + ``(iii) the Committee on Oversight and + Reform of the House of Representatives; and + ``(iv) the Comptroller General of the + United States. + ``(2) Development or use of a central website.--The Council + of the Inspectors General on Integrity and Efficiency (in this + subsection referred to as the `Council') shall develop a public + central website, or make use of a public central website in + existence on the date of enactment of this section, to contain + individual compliance determination reports issued by + Inspectors General under paragraph (1)(B) and such additional + information as determined by the Council. + ``(3) OMB guidance.--Not later than 180 days after the date + of enactment of this section, the Director of the Office of + Management and Budget, in consultation with the Council and + with consideration given to the available resources and + independence of individual Offices of Inspectors General, shall + develop and promulgate guidance for the compliance + determination reports issued by the Inspectors General under + paragraph (1)(B), which shall require that-- + ``(A) the reporting format used by the Inspectors + General is consistent; + ``(B) Inspectors General evaluate and take into + account the adequacy of executive agency risk + assessments, improper payment estimates methodology, + and executive agency action plans to address the causes + of improper payments; + ``(C) Inspectors General take into account whether + the executive agency has correctly identified the + causes of improper payments and whether the actions of + the executive agency to address those causes are + adequate and effective; + ``(D) Inspectors General evaluate the adequacy of + executive agency action plans on how the executive + agency addresses the causes of improper payments; and + ``(E) as part of the report, Inspectors General + include an evaluation of executive agency efforts to + prevent and reduce improper payments and any + recommendations for actions to further improve that + prevention and reduction. + ``(4) CIGIE guidance.--Not later than 180 days after the + date of enactment of this section, the Council shall, with + consideration given to the available resources and independence + of individual Offices of Inspectors General, develop and + promulgate guidance that specifies procedures for compliance + determinations made by the Inspectors General under paragraph + (1)(A), which shall describe procedures for Inspectors + General-- + ``(A) to make the determinations consistent + regarding compliance; and + ``(B) to evaluate-- + ``(i) for compliance with the requirement + described in section 3351(2)(B), the risk + assessment methodology of the executive agency, + including whether the audits, examinations, and + legal actions of the Inspector General indicate + a higher risk of improper payments or actual + improper payments that were not included in the + risk assessments of the executive agency + conducted under section 3352(a); + ``(ii) for compliance with the requirement + described in section 3351(2)(C), the accuracy + of the rate estimates and whether the sampling + and estimation plan used is appropriate given + program characteristics; + ``(iii) for compliance with the requirement + described in section 3351(2)(D), the corrective + action plans and whether the plans are adequate + and focused on the true causes of improper + payments, including whether the corrective + action plans are-- + ``(I) reducing improper payments; + ``(II) effectively implemented; and + ``(III) prioritized within the + executive agency; + ``(iv) the adequacy of executive agency + action plans to address the causes of improper + payments; + ``(v) executive agency efforts to prevent + and reduce improper payments, and any + recommendations for actions to further improve; + and + ``(vi) whether an executive agency has + published an annual financial statement in + accordance with the requirement described in + section 3351(2)(A). + ``(b) Remediation.-- + ``(1) Noncompliance.-- + ``(A) In general.--If an executive agency is + determined by the Inspector General of that executive + agency not to be in compliance under subsection (a) in + a fiscal year with respect to a program or activity, + the head of the executive agency shall submit to the + appropriate authorizing and appropriations committees + of Congress a plan describing the actions that the + executive agency will take to come into compliance. + ``(B) Plan.--The plan described in subparagraph (A) + shall include-- + ``(i) measurable milestones to be + accomplished in order to achieve compliance for + each program or activity; + ``(ii) the designation of a senior + executive agency official who shall be + accountable for the progress of the executive + agency in coming into compliance for each + program or activity; and + ``(iii) the establishment of an + accountability mechanism, such as a performance + agreement, with appropriate incentives and + consequences tied to the success of the + official designated under clause (ii) in + leading the efforts of the executive agency to + come into compliance for each program or + activity. + ``(2) Noncompliance for 2 fiscal years.-- + ``(A) In general.--If an executive agency is + determined by the Inspector General of that executive + agency not to be in compliance under subsection (a) for + 2 consecutive fiscal years for the same program or + activity, the executive agency shall propose to the + Director of the Office of Management and Budget + additional program integrity proposals that would help + the executive agency come into compliance. + ``(B) Additional funding.-- + ``(i) In general.--If the Director of the + Office of Management and Budget determines that + additional funding would help an executive + agency described in subparagraph (A) come into + compliance, the head of the executive agency + shall obligate additional funding, in an amount + determined by the Director, to intensified + compliance efforts. + ``(ii) Reprogramming or transfer + authority.--In providing additional funding + under clause (i)-- + ``(I) the head of an executive + agency shall use any reprogramming or + transfer authority available to the + executive agency; and + ``(II) if after exercising the + reprogramming or transfer authority + described in subclause (I), additional + funding is necessary to obligate the + full level of funding determined by the + Director of the Office of Management + and Budget under clause (i), the + executive agency shall submit a request + to Congress for additional + reprogramming or transfer authority. + ``(3) Reauthorization and statutory proposals.--If an + executive agency is determined by the Inspector General of that + executive agency not to be in compliance under subsection (a) + for 3 consecutive fiscal years for the same program or + activity, the head of the executive agency shall, not later + than 30 days after the date of that determination, submit to + the appropriate authorizing and appropriations committees of + Congress and the Comptroller General of the United States-- + ``(A)(i) reauthorization proposals for each program + or activity that has not been in compliance for 3 or + more consecutive fiscal years; and + ``(ii) proposed statutory changes necessary to + bring the program or activity into compliance; or + ``(B) if the head of the executive agency + determines that clauses (i) and (ii) of subparagraph + (A) will not bring the program or activity into + compliance, a description of the actions that the + executive agency is undertaking to bring the program or + activity into compliance and a timeline of when the + compliance will be achieved. + ``(4) Plan and timeline for compliance.--If an executive + agency is determined by the Inspector General of that executive + agency not to be in compliance under subsection (a) for 4 or + more consecutive fiscal years for the same program or activity, + the head of the executive agency shall, not later than 30 days + after such determination, submit to the appropriate authorizing + and appropriations committees of Congress a report that + includes-- + ``(A) the activities taken to comply with the + requirements for 1, 2, 3, 4, or more years of + noncompliance; + ``(B) a description of any requirements that were + fulfilled for 1, 2, or 3 consecutive years of + noncompliance that are still relevant and being pursued + as a means to bring the program or activity into + compliance and prevent and reduce improper payments; + ``(C) a description of any new corrective actions; + and + ``(D) a timeline for when the program or activity + will achieve compliance based on the actions described + within the report. + ``(5) Annual report.--Each executive agency shall submit to + the appropriate authorizing and appropriations committees of + Congress and the Comptroller General of the United States-- + ``(A) a list of each program or activity that was + determined to not be in compliance under paragraph (1), + (2), (3), or (4); and + ``(B) actions that are planned to bring the program + or activity into compliance. + ``(c) Compliance Enforcement Pilot Programs.--The Director of the +Office of Management and Budget may establish 1 or more pilot programs +that shall test potential accountability mechanisms with appropriate +incentives and consequences tied to success in ensuring compliance with +this section and eliminating improper payments. + ``(d) Improved Estimates Guidance.--The guidance required to be +provided under section 3(b) of the Improper Payments Elimination and +Recovery Improvement Act of 2012, as in effect on the day before the +date of enactment of this section-- + ``(1) shall continue to be in effect on and after the date + of enactment of this section; and + ``(2) may be modified as determined appropriate by the + Director of the Office of Management and Budget. +``Sec. 3354. Do Not Pay Initiative + ``(a) Prepayment and Preaward Procedures.-- + ``(1) In general.--Each executive agency shall review + prepayment and preaward procedures and ensure that a thorough + review of available databases with relevant information on + eligibility occurs to determine program or award eligibility + and prevent improper payments before the release of any Federal + funds. + ``(2) Databases.--At a minimum and before issuing any + payment or award, each executive agency shall review as + appropriate the following databases to verify eligibility of + the payment and award: + ``(A) The death records maintained by the + Commissioner of Social Security. + ``(B) The System for Award Management Exclusion + Records, formerly known as the Excluded Parties List + System, of the General Services Administration. + ``(C) The Debt Check Database of the Department of + the Treasury. + ``(D) The Credit Alert System or Credit Alert + Interactive Voice Response System of the Department of + Housing and Urban Development. + ``(E) The List of Excluded Individuals/Entities of + the Office of Inspector General of the Department of + Health and Human Services. + ``(F) Information regarding incarcerated + individuals maintained by the Commissioner of Social + Security under sections 202(x) and 1611(e) of the + Social Security Act (42 U.S.C. 402(x), 1382(e)). + ``(b) Do Not Pay Initiative.-- + ``(1) In general.--There is the Do Not Pay Initiative, + which shall include-- + ``(A) use of the databases described in subsection + (a)(2); and + ``(B) use of other databases designated by the + Director of the Office of Management and Budget, or the + designee of the Director, in consultation with + executive agencies and in accordance with paragraph + (2). + ``(2) Other databases.--In making designations of other + databases under paragraph (1)(B), the Director of the Office of + Management and Budget, or the head of any executive agency + designated by the Director, shall-- + ``(A) consider any database that substantially + assists in preventing improper payments; and + ``(B) provide public notice and an opportunity for + comment before designating a database under paragraph + (1)(B). + ``(3) Access and review.-- + ``(A) In general.--For purposes of identifying and + preventing improper payments, each executive agency + shall have access to, and use of, the Do Not Pay + Initiative to verify payment or award eligibility in + accordance with subsection (a). + ``(B) Matching programs.-- + ``(i) In general.--The head of the agency + operating the Working System may, in + consultation with the Office of Management and + Budget, waive the requirements of section + 552a(o) of title 5 in any case or class of + cases for computer matching activities + conducted under this section. + ``(ii) Guidance.--The Director of the + Office of Management and Budget may issue + guidance that establishes requirements + governing waivers under clause (i). + ``(C) Other entities.--Each State and any + contractor, subcontractor, or agent of a State, + including a State auditor or State program responsible + for reducing improper payments of a federally funded + State-administered program, and the judicial and + legislative branches of the United States, as defined + in paragraphs (2) and (3), respectively, of section + 202(e) of title 18, shall have access to, and use of, + the Do Not Pay Initiative for the purpose of verifying + payment or award eligibility for payments. + ``(D) Consistency with privacy act of 1974.--To + ensure consistency with the principles of section 552a + of title 5 (commonly known as the `Privacy Act of + 1974'), the Director of the Office of Management and + Budget may issue guidance that establishes privacy and + other requirements that shall be incorporated into Do + Not Pay Initiative access agreements with States, + including any contractor, subcontractor, or agent of a + State, and the judicial and legislative branches of the + United States, as defined in paragraphs (2) and (3), + respectively, of section 202(e) of title 18. + ``(4) Payment otherwise required.--When using the Do Not + Pay Initiative, an executive agency shall recognize that there + may be circumstances under which the law requires a payment or + award to be made to a recipient, regardless of whether that + recipient is identified as potentially ineligible under the Do + Not Pay Initiative. + ``(5) Annual report.--The Director of the Office of + Management and Budget shall submit to Congress an annual + report, which may be included as part of another report + submitted to Congress by the Director, regarding the operation + of the Do Not Pay Initiative, which shall-- + ``(A) include an evaluation of whether the Do Not + Pay Initiative has reduced improper payments or + improper awards; and + ``(B) provide the frequency of corrections or + identification of incorrect information. + ``(c) Initial Working System.--The working system required to be +established under section 5(d) of the Improper Payments Elimination and +Recovery Improvement Act of 2012, as in effect on the day before the +date of enactment of this section-- + ``(1) shall continue to be in effect on and after the date + of enactment of this section; and + ``(2) shall require each executive agency to review all + payments and awards for all programs and activities of that + executive agency through the working system. + ``(d) Facilitating Data Access by Federal Agencies and Offices of +Inspectors General for Purposes of Program Integrity.-- + ``(1) Computer matching by executive agencies for purposes + of investigation and prevention of improper payments and + fraud.-- + ``(A) In general.--Except as provided in this + paragraph, in accordance with section 552a of title 5 + (commonly known as the `Privacy Act of 1974'), the head + of each executive agency may enter into computer + matching agreements with other heads of executive + agencies that allow ongoing data matching, which shall + include automated data matching, in order to assist in + the detection and prevention of improper payments. + ``(B) Review.--Not later than 60 days after the + date on which a proposal for an agreement under + subparagraph (A) has been presented to a Data Integrity + Board established under section 552a(u) of title 5 for + consideration, the Data Integrity Board shall respond + to the proposal. + ``(C) Termination date.--An agreement described in + subparagraph (A)-- + ``(i) shall have a termination date of less + than 3 years; and + ``(ii) during the 3-month period ending on + the date on which the agreement is scheduled to + terminate, may be renewed by the executive + agencies entering the agreement for not more + than 3 years. + ``(D) Multiple agencies.--For purposes of this + paragraph, section 552a(o)(1) of title 5 shall be + applied by substituting `between the source agency and + the recipient agency or non-Federal agency or an + agreement governing multiple agencies' for `between the + source agency and the recipient agency or non-Federal + agency' in the matter preceding subparagraph (A). + ``(E) Cost-benefit analysis.--A justification under + section 552a(o)(1)(B) of title 5 relating to an + agreement under subparagraph (A) is not required to + contain a specific estimate of any savings under the + computer matching agreement. + ``(2) Guidance and procedures by the office of management + and budget.--The guidance, rules, and procedures required to be + issued, clarified, and established under paragraphs (3) and (4) + of section 5(e) of the Improper Payments Elimination and + Recovery Improvement Act of 2012, as in effect on the day + before the date of enactment of this section-- + ``(A) shall continue to be in effect on and after + the date of enactment of this section; and + ``(B) may be modified as determined appropriate by + the Director of the Office of Management and Budget. + ``(3) Compliance.--The head of each executive agency, in + consultation with the Inspector General of the executive + agency, shall ensure that any information provided to an + individual or entity under this subsection is provided in + accordance with protocols established under this subsection. + ``(4) Rule of construction.--Nothing in this subsection + shall be construed-- + ``(A) to affect the rights of an individual under + section 552a(p) of title 5; or + ``(B) to impede the exercise of an exemption + provided to Inspectors General or by an executive + agency in coordination with an Inspector General under + section 6(j) of the Inspector General Act of 1978 (5 + U.S.C. App.). + ``(e) Plan To Curb Federal Improper Payments to Deceased +Individuals by Improving the Quality and Use by Federal Agencies of the +Social Security Administration Death Master File and Other Death +Data.-- + ``(1) Establishment.--In conjunction with the Commissioner + of Social Security and in consultation with relevant + stakeholders that have an interest in or responsibility for + providing the data, and each State, the Director of the Office + of Management and Budget shall conduct a study and update the + plan required to be established under section 5(g) of the + Improper Payments Elimination and Recovery Improvement Act of + 2012, as in effect on the day before the date of enactment of + this section, for improving the quality, accuracy, and + timeliness of death data maintained by the Social Security + Administration, including death information reported to the + Commissioner under section 205(r) of the Social Security Act + (42 U.S.C. 405(r)). + ``(2) Additional actions under plan.--The plan described in + this subsection shall include recommended actions by executive + agencies to-- + ``(A) increase the quality and frequency of access + to the Death Master File and other death data; + ``(B) achieve a goal of at least daily access as + appropriate; + ``(C) provide for all States and other data + providers to use improved and electronic means for + providing data; + ``(D) identify improved methods by executive + agencies for determining ineligible payments due to the + death of a recipient through proactive verification + means; and + ``(E) address improper payments made by executive + agencies to deceased individuals as part of Federal + retirement programs. + ``(3) Report.--Not later than 120 days after the date of + enactment of this section, the Director of the Office of + Management and Budget shall submit a report to Congress on the + plan described in this subsection, including recommended + legislation. +``Sec. 3355. Improving recovery of improper payments + ``The Director of the Office of Management and Budget shall +determine-- + ``(1) current and historical rates and amounts of recovery + of improper payments, or, in cases in which improper payments + are identified solely on the basis of a sample, recovery rates + and amounts estimated on the basis of the applicable sample, + including a list of executive agency recovery audit contract + programs and specific information of amounts and payments + recovered by recovery audit contractors; and + ``(2) targets for recovering improper payments, including + specific information on amounts and payments recovered by + recovery audit contractors. +``Sec. 3356. Improving the use of data by executive agencies for + curbing improper payments + ``(a) Prompt Reporting of Death Information by the Department of +State and the Department of Defense.--The procedure required to be +established under section 7(a) of the Improper Payments Elimination and +Recovery Improvement Act of 2012, as in effect on the day before the +date of enactment of this section-- + ``(1) shall continue to be in effect on and after the date + of enactment of this section; and + ``(2) may be modified as determined appropriate by the + Director of the Office of Management and Budget. + ``(b) Prompt Reporting of Death Information by the Department of +Veterans Affairs and the Office of Personnel Management.--Not later +than 1 year after the date of enactment of this section, the Secretary +of Veterans Affairs and the Director of the Office of Personnel +Management shall establish a procedure under which the Secretary and +the Director-- + ``(1) shall promptly and on a regular basis submit + information relating to the deaths of individuals, including + stopped payments data as applicable, to each executive agency + for which the Director of the Office of Management and Budget + determines receiving and using such information would be + relevant and necessary; and + ``(2) to facilitate the centralized access of death data + for the use of reducing improper payments, may identify + additional Federal sources of death data and direct the data + owner to provide that data to 1 or more executive agencies for + that purpose. + ``(c) Guidance to Executive Agencies Regarding Data Access and Use +for Improper Payments Purposes.--The guidance required to be issued +under section 7(b) of the Improper Payments Elimination and Recovery +Improvement Act of 2012, as in effect on the day before the date of +enactment of this section-- + ``(1) shall continue to be in effect on and after the date + of enactment of this section; and + ``(2) may be modified as determined appropriate by the + Director of the Office of Management and Budget. +``Sec. 3357. Financial and administrative controls relating to fraud + and improper payments + ``(a) Definition.--In this section, the term `agency' has the +meaning given the term in section 551 of title 5. + ``(b) Guidelines.--The guidelines required to be established under +section 3(a) of the Fraud Reduction and Data Analytics Act of 2015, as +in effect on the day before the date of enactment of this section-- + ``(1) shall continue to be in effect on and after the date + of enactment of this section; and + ``(2) may be periodically modified by the Director of the + Office of Management and Budget, in consultation with the + Comptroller General of the United States, as the Director and + Comptroller General may determine necessary. + ``(c) Requirements for Controls.--The guidelines described in +subsection (b) shall include-- + ``(1) conducting an evaluation of fraud risks and using a + risk-based approach to design and implement financial and + administrative control activities to mitigate identified fraud + risks; + ``(2) collecting and analyzing data from reporting + mechanisms on detected fraud to monitor fraud trends and using + that data and information to continuously improve fraud + prevention controls; and + ``(3) using the results of monitoring, evaluation, audits, + and investigations to improve fraud prevention, detection, and + response. + ``(d) Report.--For each of fiscal years 2019 and 2020, each agency +shall submit to Congress, as part of the annual financial report of the +agency, a report of the agency on-- + ``(1) implementing-- + ``(A) the financial and administrative controls + described in subsection (b); + ``(B) the fraud risk principle in the Standards for + Internal Control in the Federal Government published by + the Government Accountability Office (commonly known as + the `Green Book'); and + ``(C) Office of Management and Budget Circular A- + 123, or any successor thereto, with respect to the + leading practices for managing fraud risk; + ``(2) identifying risks and vulnerabilities to fraud, + including with respect to payroll, beneficiary payments, + grants, large contracts, and purchase and travel cards; and + ``(3) establishing strategies, procedures, and other steps + to curb fraud. +``Sec. 3358. Interagency working group for Governmentwide payment + integrity improvement + ``(a) Working Group.-- + ``(1) Establishment.--Not later than 90 days after the date + of enactment of this section, there is established an + interagency working group on payment integrity-- + ``(A) to improve-- + ``(i) State-administered Federal programs + to determine eligibility processes and data + sharing practices; + ``(ii) the guidelines described in section + 3357(b) and other best practices and techniques + for detecting, preventing, and responding to + improper payments, including improper payments + that are the result of fraud; and + ``(iii) the sharing and development of data + analytics techniques to help prevent and + identify potential improper payments, including + those that are the result of fraud; and + ``(B) to identify any additional activities that + will improve payment integrity of Federal programs. + ``(2) Composition.--The interagency working group + established under paragraph (1) shall be composed of-- + ``(A) the Director of the Office of Management and + Budget; + ``(B) 1 representative from each of the agencies + described in paragraphs (1) and (2) of section 901(b) + of this title; and + ``(C) any other representatives of other executive + agencies determined appropriate by the Director of the + Office of Management and Budget, which may include the + Chief Information Officer, the Chief Procurement + Officer, the Chief Risk Officer, or the Chief Operating + Officer of an executive agency. + ``(b) Consultation.--The working group established under subsection +(a)(1) may consult with Offices of Inspectors General and Federal and +non-Federal experts on fraud risk assessments, administrative controls +over payment integrity, financial controls, and other relevant matters. + ``(c) Meetings.--The working group established under subsection +(a)(1) shall hold not fewer than 4 meetings per year. + ``(d) Report.--Not later than 240 days after the date of enactment +of this section, the working group established under subsection (a)(1) +shall submit to Congress a report that includes-- + ``(1) a plan containing tangible solutions to prevent and + reduce improper payments; and + ``(2) a plan for State agencies to work with Federal + agencies to regularly review lists of beneficiaries of State- + managed Federal programs for duplicate enrollment between + States, including how the Do Not Pay Business Center and the + data analytics initiative of the Department of the Treasury + could aid in the detection of duplicate enrollment.''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 33 of title 31, United States Code, is amended by adding at the +end the following: + + ``subchapter iv--improper payments + +``3351. Definitions. +``3352. Estimates of improper payments and reports on actions to reduce + improper payments. +``3353. Compliance. +``3354. Do Not Pay Initiative. +``3355. Improving recovery of improper payments. +``3356. Improving the use of data by executive agencies for curbing + improper payments. +``3357. Financial and administrative controls relating to fraud and + improper payments. +``3358. Interagency working group for Governmentwide payment integrity + improvement.''. + +SEC. 3. REPEALS. + + (a) In General.-- + (1) Improper payments information act of 2002.--The + Improper Payments Information Act of 2002 (31 U.S.C. 3321 note) + is repealed. + (2) Improper payments elimination and recovery act of + 2010.--The Improper Payments Elimination and Recovery Act of + 2010 (Public Law 114-204; 124 Stat. 2224) is repealed. + (3) Improper payments elimination and recovery improvement + act of 2012.--The Improper Payments Elimination and Recovery + Improvement Act of 2012 (31 U.S.C. 3321 note) is repealed. + (4) Fraud reduction and data analytics act of 2015.--The + Fraud Reduction and Data Analytics Act of 2015 (31 U.S.C. 3321 + note) is repealed. + (b) Technical and Conforming Amendments.-- + (1) Government charge card abuse prevention act of 2012.-- + Section 6(a) of the Government Charge Card Abuse Prevention Act + of 2012 (5 U.S.C. 5701 note) is amended by striking ``section + 3512 of title 31, United States Code, or in the Improper + Payments Information Act of 2002 (31 U.S.C. 3321 note)'' and + inserting ``section 3512 or subchapter IV of chapter 33 of + title 31, United States Code''. + (2) Homeland security act of 2002.--Section 2022(a) of the + Homeland Security Act of 2002 (6 U.S.C. 612(a)) is amended-- + (A) in paragraph (1)(C), by striking ``Consistent + with the Improper Payments Information Act of 2002 (31 + U.S.C. 3321 note)'' and inserting ``Consistent with + subchapter IV of chapter 33 of title 31, United States + Code''; and + (B) in paragraph (5), by striking ``section 2(h) of + the Improper Payments Elimination and Recovery Act of + 2010 (31 U.S.C. 3321 note)'' and inserting ``section + 3352(i) of title 31, United States Code,''. + (3) Social security act.--Section 2105 of the Social + Security Act (42 U.S.C. 1397ee(c)) is amended by striking + ``Improper Payments Information Act of 2002'' each place that + term appears and inserting ``subchapter IV of chapter 33 of + title 31, United States Code''. + (4) Title 31.--Section 3562(a) of title 31, United States + Code, is amended-- + (A) in the matter preceding paragraph (1)-- + (i) by striking ``section 3561'' and + inserting ``section 3352(i)''; and + (ii) by striking ``agency for the following + purposes:'' and all that follows through ``To + reimburse'' and inserting ``agency to + reimburse''; and + (B) by striking paragraph (2). + \ No newline at end of file From 98b50ee29a51208a19fcda28a9d6a1e0cd6362cc Mon Sep 17 00:00:00 2001 From: "Sen. Carper, Thomas R. [D-DE]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 716/984] Senate-375: Engrossed in Senate --- bills_text/Senate-375.txt | 44 ++++++++++++++++++++++----------------- 1 file changed, 25 insertions(+), 19 deletions(-) diff --git a/bills_text/Senate-375.txt b/bills_text/Senate-375.txt index 55d440f..ea97dff 100644 --- a/bills_text/Senate-375.txt +++ b/bills_text/Senate-375.txt @@ -2,24 +2,9 @@ 1st Session S. 375 - To improve efforts to identify and reduce Governmentwide improper - payments, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - February 7, 2019 - - Mr. Carper (for himself, Mr. Johnson, Mr. Peters, and Mr. Braun) -introduced the following bill; which was read twice and referred to the - Committee on Homeland Security and Governmental Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -1293,7 +1278,28 @@ SEC. 3. REPEALS. inserting ``section 3352(i)''; and (ii) by striking ``agency for the following purposes:'' and all that follows through ``To - reimburse'' and inserting ``agency to - reimburse''; and + reimburse'' and inserting + + + + + ``agency to reimburse''; and (B) by striking paragraph (2). - \ No newline at end of file + + Passed the Senate July 16, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 375 + +_______________________________________________________________________ + + AN ACT + + To improve efforts to identify and reduce Governmentwide improper + payments, and for other purposes. From 957c193adc9a45de8a9ee764470996e4b4cdb02e Mon Sep 17 00:00:00 2001 From: "Sen. Carper, Thomas R. [D-DE]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 717/984] Senate-375: Enrolled --- bills_text/Senate-375.txt | 2201 +++++++++++++++++-------------------- 1 file changed, 1026 insertions(+), 1175 deletions(-) diff --git a/bills_text/Senate-375.txt b/bills_text/Senate-375.txt index ea97dff..788f6f8 100644 --- a/bills_text/Senate-375.txt +++ b/bills_text/Senate-375.txt @@ -1,26 +1,31 @@ -116th CONGRESS - 1st Session - S. 375 + S.375 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To improve efforts to identify and reduce Governmentwide improper - payments, and for other purposes. + payments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Payment Integrity Information Act of 2019''. - SEC. 2. IMPROPER PAYMENTS. - (a) In General.--Chapter 33 of title 31, United States Code, is amended by adding at the end the following: @@ -28,818 +33,718 @@ amended by adding at the end the following: ``Sec. 3351. Definitions ``In this subchapter: - ``(1) Annual financial statement.--The term `annual - financial statement' means the annual financial statement - required under section 3515 of this title or similar provision - of law. - ``(2) Compliance.--The term `compliance' means that an - executive agency-- - ``(A) has-- - ``(i) published improper payments - information with the annual financial statement - of the executive agency for the most recent - fiscal year; and - ``(ii) posted on the website of the - executive agency that statement and any - accompanying materials required under guidance - of the Office of Management and Budget; - ``(B) if required, has conducted a program specific - risk assessment for each program or activity that - conforms with the requirements under section 3352(a); - ``(C) if required, publishes improper payments - estimates for all programs and activities identified - under section 3352(a) in the accompanying materials to - the annual financial statement; - ``(D) publishes programmatic corrective action - plans prepared under section 3352(d) that the executive - agency may have in the accompanying materials to the - annual financial statement; - ``(E) publishes improper payments reduction targets - established under section 3352(d) that the executive - agency may have in the accompanying materials to the - annual financial statement for each program or activity - assessed to be at risk, and has demonstrated - improvements and developed a plan to meet the reduction - targets; and - ``(F) has reported an improper payment rate of less - than 10 percent for each program and activity for which - an estimate was published under section 3352(c). - ``(3) Do not pay initiative.--The term `Do Not Pay - Initiative' means the initiative described in section 3354(b). - ``(4) Improper payment.--The term `improper payment'-- - ``(A) means any payment that should not have been - made or that was made in an incorrect amount, including - an overpayment or underpayment, under a statutory, - contractual, administrative, or other legally - applicable requirement; and - ``(B) includes-- - ``(i) any payment to an ineligible - recipient; - ``(ii) any payment for an ineligible good - or service; - ``(iii) any duplicate payment; - ``(iv) any payment for a good or service - not received, except for those payments where - authorized by law; and - ``(v) any payment that does not account for - credit for applicable discounts. - ``(5) Payment.--The term `payment' means any transfer or - commitment for future transfer of Federal funds such as cash, - securities, loans, loan guarantees, and insurance subsidies to - any non-Federal person or entity or a Federal employee, that is - made by a Federal agency, a Federal contractor, a Federal - grantee, or a governmental or other organization administering - a Federal program or activity. - ``(6) Payment for an ineligible good or service.--The term - `payment for an ineligible good or service' includes a payment - for any good or service that is rejected under any provision of - any contract, grant, lease, cooperative agreement, or other - funding mechanism. - ``(7) Recovery audit.--The term `recovery audit' means a - recovery audit described in section 3352(i). - ``(8) State.--The term `State' means each State of the - United States, the District of Columbia, each territory or - possession of the United States, and each Federally recognized - Indian tribe. + ``(1) Annual financial statement.--The term `annual financial + statement' means the annual financial statement required under + section 3515 of this title or similar provision of law. + ``(2) Compliance.--The term `compliance' means that an + executive agency-- + ``(A) has-- + ``(i) published improper payments information with the + annual financial statement of the executive agency for the + most recent fiscal year; and + ``(ii) posted on the website of the executive agency + that statement and any accompanying materials required + under guidance of the Office of Management and Budget; + ``(B) if required, has conducted a program specific risk + assessment for each program or activity that conforms with the + requirements under section 3352(a); + ``(C) if required, publishes improper payments estimates + for all programs and activities identified under section + 3352(a) in the accompanying materials to the annual financial + statement; + ``(D) publishes programmatic corrective action plans + prepared under section 3352(d) that the executive agency may + have in the accompanying materials to the annual financial + statement; + ``(E) publishes improper payments reduction targets + established under section 3352(d) that the executive agency may + have in the accompanying materials to the annual financial + statement for each program or activity assessed to be at risk, + and has demonstrated improvements and developed a plan to meet + the reduction targets; and + ``(F) has reported an improper payment rate of less than 10 + percent for each program and activity for which an estimate was + published under section 3352(c). + ``(3) Do not pay initiative.--The term `Do Not Pay Initiative' + means the initiative described in section 3354(b). + ``(4) Improper payment.--The term `improper payment'-- + ``(A) means any payment that should not have been made or + that was made in an incorrect amount, including an overpayment + or underpayment, under a statutory, contractual, + administrative, or other legally applicable requirement; and + ``(B) includes-- + ``(i) any payment to an ineligible recipient; + ``(ii) any payment for an ineligible good or service; + ``(iii) any duplicate payment; + ``(iv) any payment for a good or service not received, + except for those payments where authorized by law; and + ``(v) any payment that does not account for credit for + applicable discounts. + ``(5) Payment.--The term `payment' means any transfer or + commitment for future transfer of Federal funds such as cash, + securities, loans, loan guarantees, and insurance subsidies to any + non-Federal person or entity or a Federal employee, that is made by + a Federal agency, a Federal contractor, a Federal grantee, or a + governmental or other organization administering a Federal program + or activity. + ``(6) Payment for an ineligible good or service.--The term + `payment for an ineligible good or service' includes a payment for + any good or service that is rejected under any provision of any + contract, grant, lease, cooperative agreement, or other funding + mechanism. + ``(7) Recovery audit.--The term `recovery audit' means a + recovery audit described in section 3352(i). + ``(8) State.--The term `State' means each State of the United + States, the District of Columbia, each territory or possession of + the United States, and each Federally recognized Indian tribe. ``Sec. 3352. Estimates of improper payments and reports on actions to - reduce improper payments + reduce improper payments ``(a) Identification of Susceptible Programs and Activities.-- - ``(1) In general.--The head of each executive agency shall, - in accordance with guidance prescribed by the Director of the - Office of Management and Budget-- - ``(A) periodically review all programs and - activities that the head of the executive agency - administers; and - ``(B) identify all programs and activities with - outlays exceeding the statutory threshold dollar amount - described in paragraph (3)(A)(i) that may be - susceptible to significant improper payments. - ``(2) Frequency.--A review under paragraph (1) shall be - performed for each program and activity that the head of an - executive agency administers not less frequently than once - every 3 fiscal years. - ``(3) Risk assessments.-- - ``(A) Definition of significant.--In this - paragraph, the term `significant' means that, in the - preceding fiscal year, the sum of a program or - activity's improper payments and payments whose - propriety cannot be determined by the executive agency - due to lacking or insufficient documentation may have - exceeded-- - ``(i) $10,000,000 of all reported program - or activity payments of the executive agency - made during that fiscal year and 1.5 percent of - program outlays; or - ``(ii) $100,000,000. - ``(B) Scope.--In conducting a review under - paragraph (1), the head of each executive agency shall - take into account those risk factors that are likely to - contribute to a susceptibility to significant improper - payments, such as-- - ``(i) whether the program or activity - reviewed is new to the executive agency; - ``(ii) the complexity of the program or - activity reviewed; - ``(iii) the volume of payments made through - the program or activity reviewed; - ``(iv) whether payments or payment - eligibility decisions are made outside of the - executive agency, such as by a State or local - government; - ``(v) recent major changes in program - funding, authorities, practices, or procedures; - ``(vi) the level, experience, and quality - of training for personnel responsible for - making program eligibility determinations or - certifying that payments are accurate; - ``(vii) significant deficiencies in the - audit report of the executive agency or other - relevant management findings that might hinder - accurate payment certification; - ``(viii) similarities to other programs or - activities that have reported improper payment - estimates or been deemed susceptible to - significant improper payments; - ``(ix) the accuracy and reliability of - improper payment estimates previously reported - for the program or activity, or other indicator - of potential susceptibility to improper - payments identified by the Inspector General of - the executive agency, the Government - Accountability Office, other audits performed - by or on behalf of the Federal, State, or local - government, disclosures by the executive - agency, or any other means; - ``(x) whether the program or activity lacks - information or data systems to confirm - eligibility or provide for other payment - integrity needs; and - ``(xi) the risk of fraud as assessed by the - executive agency under the Standards for - Internal Control in the Federal Government - published by the Government Accountability - Office (commonly known as the `Green Book'). - ``(C) Annual report.--Each executive agency shall - publish an annual report that includes-- - ``(i) a listing of each program or activity - identified under paragraph (1), including the - date on which the program or activity was most - recently assessed for risk under paragraph (1); - and - ``(ii) a listing of any program or activity - for which the executive agency makes any - substantial changes to the methodologies of the - reviews conducted under paragraph (1). + ``(1) In general.--The head of each executive agency shall, in + accordance with guidance prescribed by the Director of the Office + of Management and Budget-- + ``(A) periodically review all programs and activities that + the head of the executive agency administers; and + ``(B) identify all programs and activities with outlays + exceeding the statutory threshold dollar amount described in + paragraph (3)(A)(i) that may be susceptible to significant + improper payments. + ``(2) Frequency.--A review under paragraph (1) shall be + performed for each program and activity that the head of an + executive agency administers not less frequently than once every 3 + fiscal years. + ``(3) Risk assessments.-- + ``(A) Definition of significant.--In this paragraph, the + term `significant' means that, in the preceding fiscal year, + the sum of a program or activity's improper payments and + payments whose propriety cannot be determined by the executive + agency due to lacking or insufficient documentation may have + exceeded-- + ``(i) $10,000,000 of all reported program or activity + payments of the executive agency made during that fiscal + year and 1.5 percent of program outlays; or + ``(ii) $100,000,000. + ``(B) Scope.--In conducting a review under paragraph (1), + the head of each executive agency shall take into account those + risk factors that are likely to contribute to a susceptibility + to significant improper payments, such as-- + ``(i) whether the program or activity reviewed is new + to the executive agency; + ``(ii) the complexity of the program or activity + reviewed; + ``(iii) the volume of payments made through the program + or activity reviewed; + ``(iv) whether payments or payment eligibility + decisions are made outside of the executive agency, such as + by a State or local government; + ``(v) recent major changes in program funding, + authorities, practices, or procedures; + ``(vi) the level, experience, and quality of training + for personnel responsible for making program eligibility + determinations or certifying that payments are accurate; + ``(vii) significant deficiencies in the audit report of + the executive agency or other relevant management findings + that might hinder accurate payment certification; + ``(viii) similarities to other programs or activities + that have reported improper payment estimates or been + deemed susceptible to significant improper payments; + ``(ix) the accuracy and reliability of improper payment + estimates previously reported for the program or activity, + or other indicator of potential susceptibility to improper + payments identified by the Inspector General of the + executive agency, the Government Accountability Office, + other audits performed by or on behalf of the Federal, + State, or local government, disclosures by the executive + agency, or any other means; + ``(x) whether the program or activity lacks information + or data systems to confirm eligibility or provide for other + payment integrity needs; and + ``(xi) the risk of fraud as assessed by the executive + agency under the Standards for Internal Control in the + Federal Government published by the Government + Accountability Office (commonly known as the `Green Book'). + ``(C) Annual report.--Each executive agency shall publish + an annual report that includes-- + ``(i) a listing of each program or activity identified + under paragraph (1), including the date on which the + program or activity was most recently assessed for risk + under paragraph (1); and + ``(ii) a listing of any program or activity for which + the executive agency makes any substantial changes to the + methodologies of the reviews conducted under paragraph (1). ``(b) Improving the Determination of Improper Payments.-- - ``(1) In general.--The Director of the Office of Management - and Budget shall on an annual basis-- - ``(A) identify a list of high-priority Federal - programs for greater levels of oversight and review-- - ``(i) in which the highest dollar value or - highest rate of improper payments occur; or - ``(ii) for which there is a higher risk of - improper payments; and - ``(B) in coordination with the executive agency - responsible for administering a high-priority program - identified under subparagraph (A), establish annual - targets and semi-annual or quarterly actions for - reducing improper payments associated with the high- - priority program. - ``(2) Report on high-priority improper payments.-- - ``(A) In general.--Subject to Federal privacy - policies and to the extent permitted by law, each - executive agency with a program identified under - paragraph (1)(A) shall on an annual basis submit to the - Inspector General of the executive agency and the - Office of Management and Budget, and make available to - the public, including through a website, a report on - that program. - ``(B) Contents.--Each report submitted under - subparagraph (A)-- - ``(i) shall describe any action the - executive agency-- - ``(I) has taken or plans to take to - recover improper payments; and - ``(II) intends to take to prevent - future improper payments; and - ``(ii) shall not include-- - ``(I) any referrals the executive - agency made or anticipates making to - the Department of Justice; or - ``(II) any information provided in - connection with a referral described in - subclause (I). - ``(C) Public availability on central website.--The - Office of Management and Budget shall make each report - submitted under subparagraph (A) available on a central - website. - ``(D) Availability of information to inspector - general.--Subparagraph (B)(ii) shall not prohibit any - referral or information being made available to an - Inspector General as otherwise provided by law. - ``(E) Assessment and recommendations.--The - Inspector General of each executive agency that submits - a report under subparagraph (A) shall, for each program - of the executive agency that is identified under - paragraph (1)(A)-- - ``(i) review-- - ``(I) the assessment of the level - of risk associated with the program and - the quality of the improper payment - estimates and methodology of the - executive agency relating to the - program; and - ``(II) the oversight or financial - controls to identify and prevent - improper payments under the program; - and - ``(ii) submit to the appropriate - authorizing and appropriations committees of - Congress recommendations, which may be included - in another report submitted by the Inspector - General to Congress, for modifying any plans of - the executive agency relating to the program, - including improvements for improper payments - determination and estimation methodology. - ``(F) Annual meeting.--Not less frequently than - once every year, the head of each executive agency with - a program identified under paragraph (1)(A), or a - designee of the head of the executive agency, shall - meet with the Director of the Office of Management and - Budget, or a designee of the Director, to report on - actions taken during the preceding year and planned - actions to prevent improper payments. + ``(1) In general.--The Director of the Office of Management and + Budget shall on an annual basis-- + ``(A) identify a list of high-priority Federal programs for + greater levels of oversight and review-- + ``(i) in which the highest dollar value or highest rate + of improper payments occur; or + ``(ii) for which there is a higher risk of improper + payments; and + ``(B) in coordination with the executive agency responsible + for administering a high-priority program identified under + subparagraph (A), establish annual targets and semi-annual or + quarterly actions for reducing improper payments associated + with the high-priority program. + ``(2) Report on high-priority improper payments.-- + ``(A) In general.--Subject to Federal privacy policies and + to the extent permitted by law, each executive agency with a + program identified under paragraph (1)(A) shall on an annual + basis submit to the Inspector General of the executive agency + and the Office of Management and Budget, and make available to + the public, including through a website, a report on that + program. + ``(B) Contents.--Each report submitted under subparagraph + (A)-- + ``(i) shall describe any action the executive agency-- + + ``(I) has taken or plans to take to recover + improper payments; and + ``(II) intends to take to prevent future improper + payments; and + + ``(ii) shall not include-- + + ``(I) any referrals the executive agency made or + anticipates making to the Department of Justice; or + ``(II) any information provided in connection with + a referral described in subclause (I). + + ``(C) Public availability on central website.--The Office + of Management and Budget shall make each report submitted under + subparagraph (A) available on a central website. + ``(D) Availability of information to inspector general.-- + Subparagraph (B)(ii) shall not prohibit any referral or + information being made available to an Inspector General as + otherwise provided by law. + ``(E) Assessment and recommendations.--The Inspector + General of each executive agency that submits a report under + subparagraph (A) shall, for each program of the executive + agency that is identified under paragraph (1)(A)-- + ``(i) review-- + + ``(I) the assessment of the level of risk + associated with the program and the quality of the + improper payment estimates and methodology of the + executive agency relating to the program; and + ``(II) the oversight or financial controls to + identify and prevent improper payments under the + program; and + + ``(ii) submit to the appropriate authorizing and + appropriations committees of Congress recommendations, + which may be included in another report submitted by the + Inspector General to Congress, for modifying any plans of + the executive agency relating to the program, including + improvements for improper payments determination and + estimation methodology. + ``(F) Annual meeting.--Not less frequently than once every + year, the head of each executive agency with a program + identified under paragraph (1)(A), or a designee of the head of + the executive agency, shall meet with the Director of the + Office of Management and Budget, or a designee of the Director, + to report on actions taken during the preceding year and + planned actions to prevent improper payments. ``(c) Estimation of Improper Payments.-- - ``(1) Estimation.--With respect to each program and - activity identified under subsection (a)(1), the head of the - relevant executive agency shall-- - ``(A) produce a statistically valid estimate, or an - estimate that is otherwise appropriate using a - methodology approved by the Director of the Office of - Management and Budget, of the improper payments made - under the program or activity; and - ``(B) include the estimates described in - subparagraph (A) in the accompanying materials to the - annual financial statement of the executive agency and - as required in applicable guidance of the Office of - Management and Budget. - ``(2) Lacking or insufficient documentation.-- - ``(A) In general.--For the purpose of producing an - estimate under paragraph (1), when the executive agency - cannot determine, due to lacking or insufficient - documentation, whether a payment is proper or not, the - payment shall be treated as an improper payment. - ``(B) Separate report.--The head of an executive - agency may report separately on what portion of the - improper payments estimate for a program or activity of - the executive agency under paragraph (1) is - attributable to lacking or insufficient documentation. + ``(1) Estimation.--With respect to each program and activity + identified under subsection (a)(1), the head of the relevant + executive agency shall-- + ``(A) produce a statistically valid estimate, or an + estimate that is otherwise appropriate using a methodology + approved by the Director of the Office of Management and + Budget, of the improper payments made under the program or + activity; and + ``(B) include the estimates described in subparagraph (A) + in the accompanying materials to the annual financial statement + of the executive agency and as required in applicable guidance + of the Office of Management and Budget. + ``(2) Lacking or insufficient documentation.-- + ``(A) In general.--For the purpose of producing an estimate + under paragraph (1), when the executive agency cannot + determine, due to lacking or insufficient documentation, + whether a payment is proper or not, the payment shall be + treated as an improper payment. + ``(B) Separate report.--The head of an executive agency may + report separately on what portion of the improper payments + estimate for a program or activity of the executive agency + under paragraph (1) is attributable to lacking or insufficient + documentation. ``(d) Reports on Actions To Reduce Improper Payments.--With respect to any program or activity of an executive agency with estimated improper payments under subsection (c), the head of the executive agency shall provide with the estimate required under subsection (c) a report on what actions the executive agency is taking to reduce improper payments, including-- - ``(1) a description of the causes of the improper payments, - actions planned or taken to correct those causes, and the - planned or actual completion date of the actions taken to - address those causes; - ``(2) in order to reduce improper payments to a level below - which further expenditures to reduce improper payments would - cost more than the amount those expenditures would save in - prevented or recovered improper payments, a statement of - whether the executive agency has what is needed with respect - to-- - ``(A) internal controls; - ``(B) human capital; and - ``(C) information systems and other infrastructure; - ``(3) if the executive agency does not have sufficient - resources to establish and maintain effective internal controls - as described in paragraph (2)(A), a description of the - resources the executive agency has requested in the budget - submission of the executive agency to establish and maintain - those internal controls; - ``(4) program-specific and activity-specific improper - payments reduction targets that have been approved by the - Director of the Office of Management and Budget; - ``(5) a description of the steps the executive agency has - taken to ensure that executive agency managers, programs, and, - where appropriate, States and local governments are held - accountable through annual performance appraisal criteria for-- - ``(A) meeting applicable improper payments - reduction targets; and - ``(B) establishing and maintaining sufficient - internal controls, including an appropriate control - environment, that effectively-- - ``(i) prevent improper payments from being - made; and - ``(ii) promptly detect and recover improper - payments that are made; and - ``(6) a description of how the level of planned or - completed actions by the executive agency to address the causes - of the improper payments matches the level of improper - payments, including a breakdown by category of improper payment - and specific timelines for completion of those actions. + ``(1) a description of the causes of the improper payments, + actions planned or taken to correct those causes, and the planned + or actual completion date of the actions taken to address those + causes; + ``(2) in order to reduce improper payments to a level below + which further expenditures to reduce improper payments would cost + more than the amount those expenditures would save in prevented or + recovered improper payments, a statement of whether the executive + agency has what is needed with respect to-- + ``(A) internal controls; + ``(B) human capital; and + ``(C) information systems and other infrastructure; + ``(3) if the executive agency does not have sufficient + resources to establish and maintain effective internal controls as + described in paragraph (2)(A), a description of the resources the + executive agency has requested in the budget submission of the + executive agency to establish and maintain those internal controls; + ``(4) program-specific and activity-specific improper payments + reduction targets that have been approved by the Director of the + Office of Management and Budget; + ``(5) a description of the steps the executive agency has taken + to ensure that executive agency managers, programs, and, where + appropriate, States and local governments are held accountable + through annual performance appraisal criteria for-- + ``(A) meeting applicable improper payments reduction + targets; and + ``(B) establishing and maintaining sufficient internal + controls, including an appropriate control environment, that + effectively-- + ``(i) prevent improper payments from being made; and + ``(ii) promptly detect and recover improper payments + that are made; and + ``(6) a description of how the level of planned or completed + actions by the executive agency to address the causes of the + improper payments matches the level of improper payments, including + a breakdown by category of improper payment and specific timelines + for completion of those actions. ``(e) Reports on Actions To Recover Improper Payments.--With respect to improper payments identified in a recovery audit, the head of the executive agency shall provide with the estimate required under subsection (c) a report on all actions the executive agency is taking to recover the improper payments, including-- - ``(1) a discussion of the methods used by the executive - agency to recover improper payments; - ``(2) the amounts recovered, outstanding, and determined to - not be collectable, including the percent those amounts - represent of the total improper payments of the executive - agency; - ``(3) if a determination has been made that certain - improper payments are not collectable, a justification of that - determination; - ``(4) an aging schedule of the amounts outstanding; - ``(5) a summary of how recovered amounts have been disposed - of; - ``(6) a discussion of any conditions giving rise to - improper payments and how those conditions are being resolved; - and - ``(7) if the executive agency has determined under - subsection (i) that performing recovery audits for any - applicable program or activity is not cost-effective, a - justification for that determination. + ``(1) a discussion of the methods used by the executive agency + to recover improper payments; + ``(2) the amounts recovered, outstanding, and determined to not + be collectable, including the percent those amounts represent of + the total improper payments of the executive agency; + ``(3) if a determination has been made that certain improper + payments are not collectable, a justification of that + determination; + ``(4) an aging schedule of the amounts outstanding; + ``(5) a summary of how recovered amounts have been disposed of; + ``(6) a discussion of any conditions giving rise to improper + payments and how those conditions are being resolved; and + ``(7) if the executive agency has determined under subsection + (i) that performing recovery audits for any applicable program or + activity is not cost-effective, a justification for that + determination. ``(f) Governmentwide Reporting of Improper Payments and Actions To Recover Improper Payments.-- - ``(1) Report.--Each fiscal year, the Director of the Office - of Management and Budget shall submit a report with respect to - the preceding fiscal year on actions that executive agencies - have taken to report information regarding improper payments - and actions to recover improper payments to-- - ``(A) the Committee on Homeland Security and - Governmental Affairs of the Senate; - ``(B) the Committee on Oversight and Reform of the - House of Representatives; and - ``(C) the Comptroller General of the United States. - ``(2) Contents.--Each report required under paragraph (1) - shall include-- - ``(A) a summary of the reports of each executive - agency on improper payments and recovery actions - submitted under this section; - ``(B) an identification of the compliance status of - each executive agency, as determined by the Inspector - General of the executive agency under section 3353, to - which this section applies; - ``(C) Governmentwide improper payment reduction - targets; - ``(D) a Governmentwide estimate of improper - payments; and - ``(E) a discussion of progress made towards meeting - Governmentwide improper payment reduction targets. + ``(1) Report.--Each fiscal year, the Director of the Office of + Management and Budget shall submit a report with respect to the + preceding fiscal year on actions that executive agencies have taken + to report information regarding improper payments and actions to + recover improper payments to-- + ``(A) the Committee on Homeland Security and Governmental + Affairs of the Senate; + ``(B) the Committee on Oversight and Reform of the House of + Representatives; and + ``(C) the Comptroller General of the United States. + ``(2) Contents.--Each report required under paragraph (1) shall + include-- + ``(A) a summary of the reports of each executive agency on + improper payments and recovery actions submitted under this + section; + ``(B) an identification of the compliance status of each + executive agency, as determined by the Inspector General of the + executive agency under section 3353, to which this section + applies; + ``(C) Governmentwide improper payment reduction targets; + ``(D) a Governmentwide estimate of improper payments; and + ``(E) a discussion of progress made towards meeting + Governmentwide improper payment reduction targets. ``(g) Guidance by the Office of Management and Budget.-- - ``(1) In general.--Not later than 1 year after the date of - enactment of this section, the Director of the Office of - Management and Budget shall prescribe guidance for executive - agencies to implement the requirements of this section, which - shall not include any exemptions to those requirements that are - not specifically authorized by this section. - ``(2) Contents.--The guidance under paragraph (1) shall - prescribe-- - ``(A) the form of the reports on actions to reduce - improper payments, recovery actions, and Governmentwide - reporting; and - ``(B) strategies for addressing risks and - establishing appropriate prepayment and postpayment - internal controls. + ``(1) In general.--Not later than 1 year after the date of + enactment of this section, the Director of the Office of Management + and Budget shall prescribe guidance for executive agencies to + implement the requirements of this section, which shall not include + any exemptions to those requirements that are not specifically + authorized by this section. + ``(2) Contents.--The guidance under paragraph (1) shall + prescribe-- + ``(A) the form of the reports on actions to reduce improper + payments, recovery actions, and Governmentwide reporting; and + ``(B) strategies for addressing risks and establishing + appropriate prepayment and postpayment internal controls. ``(h) Determinations of Agency Readiness for Opinion on Internal Control.--The criteria required to be developed under section 2(g) of the Improper Payments Elimination and Recovery Act of 2010, as in effect on the day before the date of enactment of this section-- - ``(1) shall continue to be in effect on and after the date - of enactment of this section; and - ``(2) may be modified as determined appropriate by the - Director of the Office of Management and Budget. + ``(1) shall continue to be in effect on and after the date of + enactment of this section; and + ``(2) may be modified as determined appropriate by the Director + of the Office of Management and Budget. ``(i) Recovery Audits.-- - ``(1) In general.-- - ``(A) Conduct of audits.--Except as provided under - paragraph (3) and if not prohibited under any other - provision of law, the head of each executive agency - shall conduct recovery audits with respect to each - program and activity of the executive agency that - expends $1,000,000 or more annually if conducting the - audits would be cost effective. - ``(B) Procedures.--In conducting a recovery audit - under this subsection, the head of an executive - agency-- - ``(i) shall give priority to the most - recent payments and to payments made in any - program identified as susceptible to - significant improper payments under subsection - (a); - ``(ii) shall implement this subsection in a - manner designed to ensure the greatest - financial benefit to the Federal Government; - and - ``(iii) may conduct the recovery audit - directly, by using other departments and - agencies of the United States, or by procuring - performance of recovery audits by private - sector sources by contract, subject to the - availability of appropriations, or by any - combination thereof. - ``(C) Recovery audit contracts.--With respect to a - recovery audit procured by an executive agency by - contract-- - ``(i) subject to subparagraph (B)(iii), and - except to the extent such actions are outside - the authority of the executive agency under - section 7103 of title 41, the head of the - executive agency may authorize the contractor - to-- - ``(I) notify entities, including - individuals, of potential overpayments - made to those entities; - ``(II) respond to questions - concerning potential overpayments; and - ``(III) take other administrative - actions with respect to an overpayment - claim made or to be made by the - executive agency; and - ``(ii) the contractor shall not have the - authority to make a final determination - relating to whether any overpayment occurred or - whether to compromise, settle, or terminate an - overpayment claim. - ``(D) Contract terms and conditions.-- - ``(i) In general.--The executive agency - shall include in each contract for procurement - of performance of a recovery audit a - requirement that the contractor shall-- - ``(I) provide to the executive - agency periodic reports on conditions - giving rise to overpayments identified - by the contractor and any - recommendations on how to mitigate - those conditions; - ``(II) notify the executive agency - of any overpayments identified by the - contractor pertaining to the executive - agency or to any other executive agency - that are beyond the scope of the - contract; and - ``(III) report to the executive - agency credible evidence of fraud or - vulnerabilities to fraud and conduct - appropriate training of personnel of - the contractor on identification of - fraud. - ``(ii) Reports on actions taken.--Each - executive agency shall, on an annual basis, - include in annual financial statement of the - executive agency a report on actions taken by - the executive agency during the preceding - fiscal year to address the recommendations - described in clause (i)(I). - ``(E) Agency action following notification.--Each - executive agency shall-- - ``(i) take prompt and appropriate action in - response to a report or notification by a - contractor under subclause (I) or (II) of - subparagraph (D)(i) to collect an overpayment; - and - ``(ii) forward to other executive agencies - any information that applies to that executive - agency. - ``(2) Disposition of amounts recovered.-- - ``(A) In general.--Amounts collected by executive - agencies each fiscal year through recovery audits shall - be treated in accordance with this paragraph. - ``(B) Distribution.--The head of an executive - agency shall determine the distribution of collected - amounts described in subparagraph (A), less amounts - needed to fulfill the purposes of section 3562(a) of - this title, in accordance with subparagraphs (C), (D), - and (E). - ``(C) Use for financial management improvement - program.--Not more than 25 percent of the amounts - collected by an executive agency through recovery - audits-- - ``(i) shall be available to the head of the - executive agency to carry out the financial - management improvement program of the executive - agency under paragraph (3); - ``(ii) may be credited, if applicable, for - the purpose described in clause (i) by the head - of an executive agency to any executive agency - appropriations and funds that are available for - obligation at the time of collection; and - ``(iii) shall be used to supplement and not - supplant any other amounts available for the - purpose described in clause (i) and shall - remain available until expended. - ``(D) Use for original purpose.--Not more than 25 - percent of the amounts collected by an executive agency - through recovery audits-- - ``(i) shall be credited to the - appropriation or fund, if any, available for - obligation at the time of collection for the - same general purposes as the appropriation or - fund from which the overpayment was made; - ``(ii) shall remain available for the same - period and purposes as the appropriation or - fund to which credited; and - ``(iii) if the appropriation from which an - overpayment was made has expired-- - ``(I) in the case of recoveries of - overpayments that are made from a trust - or special fund account, shall revert - to that account; and - ``(II) in the case of other - recoveries of overpayments-- - ``(aa) for amounts that are - recovered more than 5 fiscal - years from the last fiscal year - in which the funds were - available for obligation, shall - be deposited in the Treasury as - miscellaneous receipts; and - ``(bb) for other amounts, - shall be newly available for - the same time period as the - funds were originally available - for obligation. - ``(E) Use for inspector general activities.--Not - more than 5 percent of the amounts collected by an - executive agency through recovery audits-- - ``(i) shall be available to the Inspector - General of that executive agency for-- - ``(I) the Inspector General to - carry out this Act; or - ``(II) any other activities of the - Inspector General relating to - investigating improper payments or - auditing internal controls associated - with payments; and - ``(ii) shall remain available for the same - period and purposes as the appropriation or - fund to which credited. - ``(F) Remainder.--Amounts collected that are not - applied in accordance with subparagraph (B), (C), (D), - or (E) shall be deposited in the Treasury as - miscellaneous receipts, except that in the case of - recoveries of overpayments that are made from trust or - special fund accounts, those amounts shall revert to - those accounts. - ``(G) Discretionary amounts.--This paragraph shall - apply only to recoveries of overpayments that are made - from discretionary appropriations, as defined in - section 250(c)(7) of the Balanced Budget and Emergency - Deficit Control Act of 1985 (2 U.S.C. 900(c)(7)), and - shall not apply to recoveries of overpayments that are - made from discretionary amounts that were appropriated - before the date of enactment of the Improper Payments - Elimination and Recovery Act of 2010, as in effect on - the day before the date of enactment of this section. - ``(H) Application.--This paragraph shall not apply - to the recovery of an overpayment if the appropriation - from which the overpayment was made has not expired. - ``(3) Financial management improvement program.-- - ``(A) Requirement.--The head of each executive - agency shall conduct a financial management improvement - program consistent with rules prescribed by the - Director of the Office of Management and Budget. - ``(B) Program features.--In conducting a program - described in subparagraph (A), the head of an executive - agency-- - ``(i) shall, as the first priority of the - program, address problems that contribute - directly to executive agency improper payments; - and - ``(ii) may seek to reduce errors and waste - in other executive agency programs and - operations. - ``(4) Privacy protections.--Any nongovernmental entity - that, in the course of recovery auditing or recovery activity - under this subsection, obtains information that identifies an - individual or with respect to which there is a reasonable basis - to believe that the information can be used to identify an - individual, may not disclose the information for any purpose - other than the recovery auditing or recovery activity and - governmental oversight of the activity, unless disclosure for - that other purpose is authorized by the individual to the - executive agency that contracted for the performance of the - recovery auditing or recovery activity. - ``(5) Rule of construction.--Except as provided under - paragraph (4), nothing in this subsection shall be construed as - terminating or in any way limiting authorities that are - otherwise available to executive agencies under existing - provisions of law to recover improper payments and use - recovered amounts. + ``(1) In general.-- + ``(A) Conduct of audits.--Except as provided under + paragraph (3) and if not prohibited under any other provision + of law, the head of each executive agency shall conduct + recovery audits with respect to each program and activity of + the executive agency that expends $1,000,000 or more annually + if conducting the audits would be cost effective. + ``(B) Procedures.--In conducting a recovery audit under + this subsection, the head of an executive agency-- + ``(i) shall give priority to the most recent payments + and to payments made in any program identified as + susceptible to significant improper payments under + subsection (a); + ``(ii) shall implement this subsection in a manner + designed to ensure the greatest financial benefit to the + Federal Government; and + ``(iii) may conduct the recovery audit directly, by + using other departments and agencies of the United States, + or by procuring performance of recovery audits by private + sector sources by contract, subject to the availability of + appropriations, or by any combination thereof. + ``(C) Recovery audit contracts.--With respect to a recovery + audit procured by an executive agency by contract-- + ``(i) subject to subparagraph (B)(iii), and except to + the extent such actions are outside the authority of the + executive agency under section 7103 of title 41, the head + of the executive agency may authorize the contractor to-- + + ``(I) notify entities, including individuals, of + potential overpayments made to those entities; + ``(II) respond to questions concerning potential + overpayments; and + ``(III) take other administrative actions with + respect to an overpayment claim made or to be made by + the executive agency; and + + ``(ii) the contractor shall not have the authority to + make a final determination relating to whether any + overpayment occurred or whether to compromise, settle, or + terminate an overpayment claim. + ``(D) Contract terms and conditions.-- + ``(i) In general.--The executive agency shall include + in each contract for procurement of performance of a + recovery audit a requirement that the contractor shall-- + + ``(I) provide to the executive agency periodic + reports on conditions giving rise to overpayments + identified by the contractor and any recommendations on + how to mitigate those conditions; + ``(II) notify the executive agency of any + overpayments identified by the contractor pertaining to + the executive agency or to any other executive agency + that are beyond the scope of the contract; and + ``(III) report to the executive agency credible + evidence of fraud or vulnerabilities to fraud and + conduct appropriate training of personnel of the + contractor on identification of fraud. + + ``(ii) Reports on actions taken.--Each executive agency + shall, on an annual basis, include in annual financial + statement of the executive agency a report on actions taken + by the executive agency during the preceding fiscal year to + address the recommendations described in clause (i)(I). + ``(E) Agency action following notification.--Each executive + agency shall-- + ``(i) take prompt and appropriate action in response to + a report or notification by a contractor under subclause + (I) or (II) of subparagraph (D)(i) to collect an + overpayment; and + ``(ii) forward to other executive agencies any + information that applies to that executive agency. + ``(2) Disposition of amounts recovered.-- + ``(A) In general.--Amounts collected by executive agencies + each fiscal year through recovery audits shall be treated in + accordance with this paragraph. + ``(B) Distribution.--The head of an executive agency shall + determine the distribution of collected amounts described in + subparagraph (A), less amounts needed to fulfill the purposes + of section 3562(a) of this title, in accordance with + subparagraphs (C), (D), and (E). + ``(C) Use for financial management improvement program.-- + Not more than 25 percent of the amounts collected by an + executive agency through recovery audits-- + ``(i) shall be available to the head of the executive + agency to carry out the financial management improvement + program of the executive agency under paragraph (3); + ``(ii) may be credited, if applicable, for the purpose + described in clause (i) by the head of an executive agency + to any executive agency appropriations and funds that are + available for obligation at the time of collection; and + ``(iii) shall be used to supplement and not supplant + any other amounts available for the purpose described in + clause (i) and shall remain available until expended. + ``(D) Use for original purpose.--Not more than 25 percent + of the amounts collected by an executive agency through + recovery audits-- + ``(i) shall be credited to the appropriation or fund, + if any, available for obligation at the time of collection + for the same general purposes as the appropriation or fund + from which the overpayment was made; + ``(ii) shall remain available for the same period and + purposes as the appropriation or fund to which credited; + and + ``(iii) if the appropriation from which an overpayment + was made has expired-- + + ``(I) in the case of recoveries of overpayments + that are made from a trust or special fund account, + shall revert to that account; and + ``(II) in the case of other recoveries of + overpayments-- + + ``(aa) for amounts that are recovered more than + 5 fiscal years from the last fiscal year in which + the funds were available for obligation, shall be + deposited in the Treasury as miscellaneous + receipts; and + ``(bb) for other amounts, shall be newly + available for the same time period as the funds + were originally available for obligation. + ``(E) Use for inspector general activities.--Not more than + 5 percent of the amounts collected by an executive agency + through recovery audits-- + ``(i) shall be available to the Inspector General of + that executive agency for-- + + ``(I) the Inspector General to carry out this Act; + or + ``(II) any other activities of the Inspector + General relating to investigating improper payments or + auditing internal controls associated with payments; + and + + ``(ii) shall remain available for the same period and + purposes as the appropriation or fund to which credited. + ``(F) Remainder.--Amounts collected that are not applied in + accordance with subparagraph (B), (C), (D), or (E) shall be + deposited in the Treasury as miscellaneous receipts, except + that in the case of recoveries of overpayments that are made + from trust or special fund accounts, those amounts shall revert + to those accounts. + ``(G) Discretionary amounts.--This paragraph shall apply + only to recoveries of overpayments that are made from + discretionary appropriations, as defined in section 250(c)(7) + of the Balanced Budget and Emergency Deficit Control Act of + 1985 (2 U.S.C. 900(c)(7)), and shall not apply to recoveries of + overpayments that are made from discretionary amounts that were + appropriated before the date of enactment of the Improper + Payments Elimination and Recovery Act of 2010, as in effect on + the day before the date of enactment of this section. + ``(H) Application.--This paragraph shall not apply to the + recovery of an overpayment if the appropriation from which the + overpayment was made has not expired. + ``(3) Financial management improvement program.-- + ``(A) Requirement.--The head of each executive agency shall + conduct a financial management improvement program consistent + with rules prescribed by the Director of the Office of + Management and Budget. + ``(B) Program features.--In conducting a program described + in subparagraph (A), the head of an executive agency-- + ``(i) shall, as the first priority of the program, + address problems that contribute directly to executive + agency improper payments; and + ``(ii) may seek to reduce errors and waste in other + executive agency programs and operations. + ``(4) Privacy protections.--Any nongovernmental entity that, in + the course of recovery auditing or recovery activity under this + subsection, obtains information that identifies an individual or + with respect to which there is a reasonable basis to believe that + the information can be used to identify an individual, may not + disclose the information for any purpose other than the recovery + auditing or recovery activity and governmental oversight of the + activity, unless disclosure for that other purpose is authorized by + the individual to the executive agency that contracted for the + performance of the recovery auditing or recovery activity. + ``(5) Rule of construction.--Except as provided under paragraph + (4), nothing in this subsection shall be construed as terminating + or in any way limiting authorities that are otherwise available to + executive agencies under existing provisions of law to recover + improper payments and use recovered amounts. ``Sec. 3353. Compliance ``(a) Annual Compliance Report by Inspectors General of Executive Agencies.-- - ``(1) In general.--Each fiscal year, the Inspector General - of each executive agency shall-- - ``(A) determine whether the executive agency is in - compliance; and - ``(B) submit a report on the determination made - under subparagraph (A) to-- - ``(i) the head of the executive agency; - ``(ii) the Committee on Homeland Security - and Governmental Affairs of the Senate; - ``(iii) the Committee on Oversight and - Reform of the House of Representatives; and - ``(iv) the Comptroller General of the - United States. - ``(2) Development or use of a central website.--The Council - of the Inspectors General on Integrity and Efficiency (in this - subsection referred to as the `Council') shall develop a public - central website, or make use of a public central website in - existence on the date of enactment of this section, to contain - individual compliance determination reports issued by - Inspectors General under paragraph (1)(B) and such additional - information as determined by the Council. - ``(3) OMB guidance.--Not later than 180 days after the date - of enactment of this section, the Director of the Office of - Management and Budget, in consultation with the Council and - with consideration given to the available resources and - independence of individual Offices of Inspectors General, shall - develop and promulgate guidance for the compliance - determination reports issued by the Inspectors General under - paragraph (1)(B), which shall require that-- - ``(A) the reporting format used by the Inspectors - General is consistent; - ``(B) Inspectors General evaluate and take into - account the adequacy of executive agency risk - assessments, improper payment estimates methodology, - and executive agency action plans to address the causes - of improper payments; - ``(C) Inspectors General take into account whether - the executive agency has correctly identified the - causes of improper payments and whether the actions of - the executive agency to address those causes are - adequate and effective; - ``(D) Inspectors General evaluate the adequacy of - executive agency action plans on how the executive - agency addresses the causes of improper payments; and - ``(E) as part of the report, Inspectors General - include an evaluation of executive agency efforts to - prevent and reduce improper payments and any - recommendations for actions to further improve that - prevention and reduction. - ``(4) CIGIE guidance.--Not later than 180 days after the - date of enactment of this section, the Council shall, with - consideration given to the available resources and independence - of individual Offices of Inspectors General, develop and - promulgate guidance that specifies procedures for compliance - determinations made by the Inspectors General under paragraph - (1)(A), which shall describe procedures for Inspectors - General-- - ``(A) to make the determinations consistent - regarding compliance; and - ``(B) to evaluate-- - ``(i) for compliance with the requirement - described in section 3351(2)(B), the risk - assessment methodology of the executive agency, - including whether the audits, examinations, and - legal actions of the Inspector General indicate - a higher risk of improper payments or actual - improper payments that were not included in the - risk assessments of the executive agency - conducted under section 3352(a); - ``(ii) for compliance with the requirement - described in section 3351(2)(C), the accuracy - of the rate estimates and whether the sampling - and estimation plan used is appropriate given - program characteristics; - ``(iii) for compliance with the requirement - described in section 3351(2)(D), the corrective - action plans and whether the plans are adequate - and focused on the true causes of improper - payments, including whether the corrective - action plans are-- - ``(I) reducing improper payments; - ``(II) effectively implemented; and - ``(III) prioritized within the - executive agency; - ``(iv) the adequacy of executive agency - action plans to address the causes of improper - payments; - ``(v) executive agency efforts to prevent - and reduce improper payments, and any - recommendations for actions to further improve; - and - ``(vi) whether an executive agency has - published an annual financial statement in - accordance with the requirement described in - section 3351(2)(A). + ``(1) In general.--Each fiscal year, the Inspector General of + each executive agency shall-- + ``(A) determine whether the executive agency is in + compliance; and + ``(B) submit a report on the determination made under + subparagraph (A) to-- + ``(i) the head of the executive agency; + ``(ii) the Committee on Homeland Security and + Governmental Affairs of the Senate; + ``(iii) the Committee on Oversight and Reform of the + House of Representatives; and + ``(iv) the Comptroller General of the United States. + ``(2) Development or use of a central website.--The Council of + the Inspectors General on Integrity and Efficiency (in this + subsection referred to as the `Council') shall develop a public + central website, or make use of a public central website in + existence on the date of enactment of this section, to contain + individual compliance determination reports issued by Inspectors + General under paragraph (1)(B) and such additional information as + determined by the Council. + ``(3) OMB guidance.--Not later than 180 days after the date of + enactment of this section, the Director of the Office of Management + and Budget, in consultation with the Council and with consideration + given to the available resources and independence of individual + Offices of Inspectors General, shall develop and promulgate + guidance for the compliance determination reports issued by the + Inspectors General under paragraph (1)(B), which shall require + that-- + ``(A) the reporting format used by the Inspectors General + is consistent; + ``(B) Inspectors General evaluate and take into account the + adequacy of executive agency risk assessments, improper payment + estimates methodology, and executive agency action plans to + address the causes of improper payments; + ``(C) Inspectors General take into account whether the + executive agency has correctly identified the causes of + improper payments and whether the actions of the executive + agency to address those causes are adequate and effective; + ``(D) Inspectors General evaluate the adequacy of executive + agency action plans on how the executive agency addresses the + causes of improper payments; and + ``(E) as part of the report, Inspectors General include an + evaluation of executive agency efforts to prevent and reduce + improper payments and any recommendations for actions to + further improve that prevention and reduction. + ``(4) CIGIE guidance.--Not later than 180 days after the date + of enactment of this section, the Council shall, with consideration + given to the available resources and independence of individual + Offices of Inspectors General, develop and promulgate guidance that + specifies procedures for compliance determinations made by the + Inspectors General under paragraph (1)(A), which shall describe + procedures for Inspectors General-- + ``(A) to make the determinations consistent regarding + compliance; and + ``(B) to evaluate-- + ``(i) for compliance with the requirement described in + section 3351(2)(B), the risk assessment methodology of the + executive agency, including whether the audits, + examinations, and legal actions of the Inspector General + indicate a higher risk of improper payments or actual + improper payments that were not included in the risk + assessments of the executive agency conducted under section + 3352(a); + ``(ii) for compliance with the requirement described in + section 3351(2)(C), the accuracy of the rate estimates and + whether the sampling and estimation plan used is + appropriate given program characteristics; + ``(iii) for compliance with the requirement described + in section 3351(2)(D), the corrective action plans and + whether the plans are adequate and focused on the true + causes of improper payments, including whether the + corrective action plans are-- + + ``(I) reducing improper payments; + ``(II) effectively implemented; and + ``(III) prioritized within the executive agency; + + ``(iv) the adequacy of executive agency action plans to + address the causes of improper payments; + ``(v) executive agency efforts to prevent and reduce + improper payments, and any recommendations for actions to + further improve; and + ``(vi) whether an executive agency has published an + annual financial statement in accordance with the + requirement described in section 3351(2)(A). ``(b) Remediation.-- - ``(1) Noncompliance.-- - ``(A) In general.--If an executive agency is - determined by the Inspector General of that executive - agency not to be in compliance under subsection (a) in - a fiscal year with respect to a program or activity, - the head of the executive agency shall submit to the - appropriate authorizing and appropriations committees - of Congress a plan describing the actions that the - executive agency will take to come into compliance. - ``(B) Plan.--The plan described in subparagraph (A) - shall include-- - ``(i) measurable milestones to be - accomplished in order to achieve compliance for - each program or activity; - ``(ii) the designation of a senior - executive agency official who shall be - accountable for the progress of the executive - agency in coming into compliance for each - program or activity; and - ``(iii) the establishment of an - accountability mechanism, such as a performance - agreement, with appropriate incentives and - consequences tied to the success of the - official designated under clause (ii) in - leading the efforts of the executive agency to - come into compliance for each program or - activity. - ``(2) Noncompliance for 2 fiscal years.-- - ``(A) In general.--If an executive agency is - determined by the Inspector General of that executive - agency not to be in compliance under subsection (a) for - 2 consecutive fiscal years for the same program or - activity, the executive agency shall propose to the - Director of the Office of Management and Budget - additional program integrity proposals that would help - the executive agency come into compliance. - ``(B) Additional funding.-- - ``(i) In general.--If the Director of the - Office of Management and Budget determines that - additional funding would help an executive - agency described in subparagraph (A) come into - compliance, the head of the executive agency - shall obligate additional funding, in an amount - determined by the Director, to intensified - compliance efforts. - ``(ii) Reprogramming or transfer - authority.--In providing additional funding - under clause (i)-- - ``(I) the head of an executive - agency shall use any reprogramming or - transfer authority available to the - executive agency; and - ``(II) if after exercising the - reprogramming or transfer authority - described in subclause (I), additional - funding is necessary to obligate the - full level of funding determined by the - Director of the Office of Management - and Budget under clause (i), the - executive agency shall submit a request - to Congress for additional - reprogramming or transfer authority. - ``(3) Reauthorization and statutory proposals.--If an - executive agency is determined by the Inspector General of that - executive agency not to be in compliance under subsection (a) - for 3 consecutive fiscal years for the same program or - activity, the head of the executive agency shall, not later - than 30 days after the date of that determination, submit to - the appropriate authorizing and appropriations committees of - Congress and the Comptroller General of the United States-- - ``(A)(i) reauthorization proposals for each program - or activity that has not been in compliance for 3 or - more consecutive fiscal years; and - ``(ii) proposed statutory changes necessary to - bring the program or activity into compliance; or - ``(B) if the head of the executive agency - determines that clauses (i) and (ii) of subparagraph - (A) will not bring the program or activity into - compliance, a description of the actions that the - executive agency is undertaking to bring the program or - activity into compliance and a timeline of when the - compliance will be achieved. - ``(4) Plan and timeline for compliance.--If an executive - agency is determined by the Inspector General of that executive - agency not to be in compliance under subsection (a) for 4 or - more consecutive fiscal years for the same program or activity, - the head of the executive agency shall, not later than 30 days - after such determination, submit to the appropriate authorizing - and appropriations committees of Congress a report that - includes-- - ``(A) the activities taken to comply with the - requirements for 1, 2, 3, 4, or more years of - noncompliance; - ``(B) a description of any requirements that were - fulfilled for 1, 2, or 3 consecutive years of - noncompliance that are still relevant and being pursued - as a means to bring the program or activity into - compliance and prevent and reduce improper payments; - ``(C) a description of any new corrective actions; - and - ``(D) a timeline for when the program or activity - will achieve compliance based on the actions described - within the report. - ``(5) Annual report.--Each executive agency shall submit to - the appropriate authorizing and appropriations committees of - Congress and the Comptroller General of the United States-- - ``(A) a list of each program or activity that was - determined to not be in compliance under paragraph (1), - (2), (3), or (4); and - ``(B) actions that are planned to bring the program - or activity into compliance. + ``(1) Noncompliance.-- + ``(A) In general.--If an executive agency is determined by + the Inspector General of that executive agency not to be in + compliance under subsection (a) in a fiscal year with respect + to a program or activity, the head of the executive agency + shall submit to the appropriate authorizing and appropriations + committees of Congress a plan describing the actions that the + executive agency will take to come into compliance. + ``(B) Plan.--The plan described in subparagraph (A) shall + include-- + ``(i) measurable milestones to be accomplished in order + to achieve compliance for each program or activity; + ``(ii) the designation of a senior executive agency + official who shall be accountable for the progress of the + executive agency in coming into compliance for each program + or activity; and + ``(iii) the establishment of an accountability + mechanism, such as a performance agreement, with + appropriate incentives and consequences tied to the success + of the official designated under clause (ii) in leading the + efforts of the executive agency to come into compliance for + each program or activity. + ``(2) Noncompliance for 2 fiscal years.-- + ``(A) In general.--If an executive agency is determined by + the Inspector General of that executive agency not to be in + compliance under subsection (a) for 2 consecutive fiscal years + for the same program or activity, the executive agency shall + propose to the Director of the Office of Management and Budget + additional program integrity proposals that would help the + executive agency come into compliance. + ``(B) Additional funding.-- + ``(i) In general.--If the Director of the Office of + Management and Budget determines that additional funding + would help an executive agency described in subparagraph + (A) come into compliance, the head of the executive agency + shall obligate additional funding, in an amount determined + by the Director, to intensified compliance efforts. + ``(ii) Reprogramming or transfer authority.--In + providing additional funding under clause (i)-- + + ``(I) the head of an executive agency shall use any + reprogramming or transfer authority available to the + executive agency; and + ``(II) if after exercising the reprogramming or + transfer authority described in subclause (I), + additional funding is necessary to obligate the full + level of funding determined by the Director of the + Office of Management and Budget under clause (i), the + executive agency shall submit a request to Congress for + additional reprogramming or transfer authority. + + ``(3) Reauthorization and statutory proposals.--If an executive + agency is determined by the Inspector General of that executive + agency not to be in compliance under subsection (a) for 3 + consecutive fiscal years for the same program or activity, the head + of the executive agency shall, not later than 30 days after the + date of that determination, submit to the appropriate authorizing + and appropriations committees of Congress and the Comptroller + General of the United States-- + ``(A)(i) reauthorization proposals for each program or + activity that has not been in compliance for 3 or more + consecutive fiscal years; and + ``(ii) proposed statutory changes necessary to bring the + program or activity into compliance; or + ``(B) if the head of the executive agency determines that + clauses (i) and (ii) of subparagraph (A) will not bring the + program or activity into compliance, a description of the + actions that the executive agency is undertaking to bring the + program or activity into compliance and a timeline of when the + compliance will be achieved. + ``(4) Plan and timeline for compliance.--If an executive agency + is determined by the Inspector General of that executive agency not + to be in compliance under subsection (a) for 4 or more consecutive + fiscal years for the same program or activity, the head of the + executive agency shall, not later than 30 days after such + determination, submit to the appropriate authorizing and + appropriations committees of Congress a report that includes-- + ``(A) the activities taken to comply with the requirements + for 1, 2, 3, 4, or more years of noncompliance; + ``(B) a description of any requirements that were fulfilled + for 1, 2, or 3 consecutive years of noncompliance that are + still relevant and being pursued as a means to bring the + program or activity into compliance and prevent and reduce + improper payments; + ``(C) a description of any new corrective actions; and + ``(D) a timeline for when the program or activity will + achieve compliance based on the actions described within the + report. + ``(5) Annual report.--Each executive agency shall submit to the + appropriate authorizing and appropriations committees of Congress + and the Comptroller General of the United States-- + ``(A) a list of each program or activity that was + determined to not be in compliance under paragraph (1), (2), + (3), or (4); and + ``(B) actions that are planned to bring the program or + activity into compliance. ``(c) Compliance Enforcement Pilot Programs.--The Director of the Office of Management and Budget may establish 1 or more pilot programs that shall test potential accountability mechanisms with appropriate @@ -849,353 +754,321 @@ this section and eliminating improper payments. provided under section 3(b) of the Improper Payments Elimination and Recovery Improvement Act of 2012, as in effect on the day before the date of enactment of this section-- - ``(1) shall continue to be in effect on and after the date - of enactment of this section; and - ``(2) may be modified as determined appropriate by the - Director of the Office of Management and Budget. + ``(1) shall continue to be in effect on and after the date of + enactment of this section; and + ``(2) may be modified as determined appropriate by the Director + of the Office of Management and Budget. ``Sec. 3354. Do Not Pay Initiative ``(a) Prepayment and Preaward Procedures.-- - ``(1) In general.--Each executive agency shall review - prepayment and preaward procedures and ensure that a thorough - review of available databases with relevant information on - eligibility occurs to determine program or award eligibility - and prevent improper payments before the release of any Federal - funds. - ``(2) Databases.--At a minimum and before issuing any - payment or award, each executive agency shall review as - appropriate the following databases to verify eligibility of - the payment and award: - ``(A) The death records maintained by the - Commissioner of Social Security. - ``(B) The System for Award Management Exclusion - Records, formerly known as the Excluded Parties List - System, of the General Services Administration. - ``(C) The Debt Check Database of the Department of - the Treasury. - ``(D) The Credit Alert System or Credit Alert - Interactive Voice Response System of the Department of - Housing and Urban Development. - ``(E) The List of Excluded Individuals/Entities of - the Office of Inspector General of the Department of - Health and Human Services. - ``(F) Information regarding incarcerated - individuals maintained by the Commissioner of Social - Security under sections 202(x) and 1611(e) of the - Social Security Act (42 U.S.C. 402(x), 1382(e)). + ``(1) In general.--Each executive agency shall review + prepayment and preaward procedures and ensure that a thorough + review of available databases with relevant information on + eligibility occurs to determine program or award eligibility and + prevent improper payments before the release of any Federal funds. + ``(2) Databases.--At a minimum and before issuing any payment + or award, each executive agency shall review as appropriate the + following databases to verify eligibility of the payment and award: + ``(A) The death records maintained by the Commissioner of + Social Security. + ``(B) The System for Award Management Exclusion Records, + formerly known as the Excluded Parties List System, of the + General Services Administration. + ``(C) The Debt Check Database of the Department of the + Treasury. + ``(D) The Credit Alert System or Credit Alert Interactive + Voice Response System of the Department of Housing and Urban + Development. + ``(E) The List of Excluded Individuals/Entities of the + Office of Inspector General of the Department of Health and + Human Services. + ``(F) Information regarding incarcerated individuals + maintained by the Commissioner of Social Security under + sections 202(x) and 1611(e) of the Social Security Act (42 + U.S.C. 402(x), 1382(e)). ``(b) Do Not Pay Initiative.-- - ``(1) In general.--There is the Do Not Pay Initiative, - which shall include-- - ``(A) use of the databases described in subsection - (a)(2); and - ``(B) use of other databases designated by the - Director of the Office of Management and Budget, or the - designee of the Director, in consultation with - executive agencies and in accordance with paragraph - (2). - ``(2) Other databases.--In making designations of other - databases under paragraph (1)(B), the Director of the Office of - Management and Budget, or the head of any executive agency - designated by the Director, shall-- - ``(A) consider any database that substantially - assists in preventing improper payments; and - ``(B) provide public notice and an opportunity for - comment before designating a database under paragraph - (1)(B). - ``(3) Access and review.-- - ``(A) In general.--For purposes of identifying and - preventing improper payments, each executive agency - shall have access to, and use of, the Do Not Pay - Initiative to verify payment or award eligibility in - accordance with subsection (a). - ``(B) Matching programs.-- - ``(i) In general.--The head of the agency - operating the Working System may, in - consultation with the Office of Management and - Budget, waive the requirements of section - 552a(o) of title 5 in any case or class of - cases for computer matching activities - conducted under this section. - ``(ii) Guidance.--The Director of the - Office of Management and Budget may issue - guidance that establishes requirements - governing waivers under clause (i). - ``(C) Other entities.--Each State and any - contractor, subcontractor, or agent of a State, - including a State auditor or State program responsible - for reducing improper payments of a federally funded - State-administered program, and the judicial and - legislative branches of the United States, as defined - in paragraphs (2) and (3), respectively, of section - 202(e) of title 18, shall have access to, and use of, - the Do Not Pay Initiative for the purpose of verifying - payment or award eligibility for payments. - ``(D) Consistency with privacy act of 1974.--To - ensure consistency with the principles of section 552a - of title 5 (commonly known as the `Privacy Act of - 1974'), the Director of the Office of Management and - Budget may issue guidance that establishes privacy and - other requirements that shall be incorporated into Do - Not Pay Initiative access agreements with States, - including any contractor, subcontractor, or agent of a - State, and the judicial and legislative branches of the - United States, as defined in paragraphs (2) and (3), - respectively, of section 202(e) of title 18. - ``(4) Payment otherwise required.--When using the Do Not - Pay Initiative, an executive agency shall recognize that there - may be circumstances under which the law requires a payment or - award to be made to a recipient, regardless of whether that - recipient is identified as potentially ineligible under the Do - Not Pay Initiative. - ``(5) Annual report.--The Director of the Office of - Management and Budget shall submit to Congress an annual - report, which may be included as part of another report - submitted to Congress by the Director, regarding the operation - of the Do Not Pay Initiative, which shall-- - ``(A) include an evaluation of whether the Do Not - Pay Initiative has reduced improper payments or - improper awards; and - ``(B) provide the frequency of corrections or - identification of incorrect information. + ``(1) In general.--There is the Do Not Pay Initiative, which + shall include-- + ``(A) use of the databases described in subsection (a)(2); + and + ``(B) use of other databases designated by the Director of + the Office of Management and Budget, or the designee of the + Director, in consultation with executive agencies and in + accordance with paragraph (2). + ``(2) Other databases.--In making designations of other + databases under paragraph (1)(B), the Director of the Office of + Management and Budget, or the head of any executive agency + designated by the Director, shall-- + ``(A) consider any database that substantially assists in + preventing improper payments; and + ``(B) provide public notice and an opportunity for comment + before designating a database under paragraph (1)(B). + ``(3) Access and review.-- + ``(A) In general.--For purposes of identifying and + preventing improper payments, each executive agency shall have + access to, and use of, the Do Not Pay Initiative to verify + payment or award eligibility in accordance with subsection (a). + ``(B) Matching programs.-- + ``(i) In general.--The head of the agency operating the + Working System may, in consultation with the Office of + Management and Budget, waive the requirements of section + 552a(o) of title 5 in any case or class of cases for + computer matching activities conducted under this section. + ``(ii) Guidance.--The Director of the Office of + Management and Budget may issue guidance that establishes + requirements governing waivers under clause (i). + ``(C) Other entities.--Each State and any contractor, + subcontractor, or agent of a State, including a State auditor + or State program responsible for reducing improper payments of + a federally funded State-administered program, and the judicial + and legislative branches of the United States, as defined in + paragraphs (2) and (3), respectively, of section 202(e) of + title 18, shall have access to, and use of, the Do Not Pay + Initiative for the purpose of verifying payment or award + eligibility for payments. + ``(D) Consistency with privacy act of 1974.--To ensure + consistency with the principles of section 552a of title 5 + (commonly known as the `Privacy Act of 1974'), the Director of + the Office of Management and Budget may issue guidance that + establishes privacy and other requirements that shall be + incorporated into Do Not Pay Initiative access agreements with + States, including any contractor, subcontractor, or agent of a + State, and the judicial and legislative branches of the United + States, as defined in paragraphs (2) and (3), respectively, of + section 202(e) of title 18. + ``(4) Payment otherwise required.--When using the Do Not Pay + Initiative, an executive agency shall recognize that there may be + circumstances under which the law requires a payment or award to be + made to a recipient, regardless of whether that recipient is + identified as potentially ineligible under the Do Not Pay + Initiative. + ``(5) Annual report.--The Director of the Office of Management + and Budget shall submit to Congress an annual report, which may be + included as part of another report submitted to Congress by the + Director, regarding the operation of the Do Not Pay Initiative, + which shall-- + ``(A) include an evaluation of whether the Do Not Pay + Initiative has reduced improper payments or improper awards; + and + ``(B) provide the frequency of corrections or + identification of incorrect information. ``(c) Initial Working System.--The working system required to be established under section 5(d) of the Improper Payments Elimination and Recovery Improvement Act of 2012, as in effect on the day before the date of enactment of this section-- - ``(1) shall continue to be in effect on and after the date - of enactment of this section; and - ``(2) shall require each executive agency to review all - payments and awards for all programs and activities of that - executive agency through the working system. + ``(1) shall continue to be in effect on and after the date of + enactment of this section; and + ``(2) shall require each executive agency to review all + payments and awards for all programs and activities of that + executive agency through the working system. ``(d) Facilitating Data Access by Federal Agencies and Offices of Inspectors General for Purposes of Program Integrity.-- - ``(1) Computer matching by executive agencies for purposes - of investigation and prevention of improper payments and - fraud.-- - ``(A) In general.--Except as provided in this - paragraph, in accordance with section 552a of title 5 - (commonly known as the `Privacy Act of 1974'), the head - of each executive agency may enter into computer - matching agreements with other heads of executive - agencies that allow ongoing data matching, which shall - include automated data matching, in order to assist in - the detection and prevention of improper payments. - ``(B) Review.--Not later than 60 days after the - date on which a proposal for an agreement under - subparagraph (A) has been presented to a Data Integrity - Board established under section 552a(u) of title 5 for - consideration, the Data Integrity Board shall respond - to the proposal. - ``(C) Termination date.--An agreement described in - subparagraph (A)-- - ``(i) shall have a termination date of less - than 3 years; and - ``(ii) during the 3-month period ending on - the date on which the agreement is scheduled to - terminate, may be renewed by the executive - agencies entering the agreement for not more - than 3 years. - ``(D) Multiple agencies.--For purposes of this - paragraph, section 552a(o)(1) of title 5 shall be - applied by substituting `between the source agency and - the recipient agency or non-Federal agency or an - agreement governing multiple agencies' for `between the - source agency and the recipient agency or non-Federal - agency' in the matter preceding subparagraph (A). - ``(E) Cost-benefit analysis.--A justification under - section 552a(o)(1)(B) of title 5 relating to an - agreement under subparagraph (A) is not required to - contain a specific estimate of any savings under the - computer matching agreement. - ``(2) Guidance and procedures by the office of management - and budget.--The guidance, rules, and procedures required to be - issued, clarified, and established under paragraphs (3) and (4) - of section 5(e) of the Improper Payments Elimination and - Recovery Improvement Act of 2012, as in effect on the day - before the date of enactment of this section-- - ``(A) shall continue to be in effect on and after - the date of enactment of this section; and - ``(B) may be modified as determined appropriate by - the Director of the Office of Management and Budget. - ``(3) Compliance.--The head of each executive agency, in - consultation with the Inspector General of the executive - agency, shall ensure that any information provided to an - individual or entity under this subsection is provided in - accordance with protocols established under this subsection. - ``(4) Rule of construction.--Nothing in this subsection - shall be construed-- - ``(A) to affect the rights of an individual under - section 552a(p) of title 5; or - ``(B) to impede the exercise of an exemption - provided to Inspectors General or by an executive - agency in coordination with an Inspector General under - section 6(j) of the Inspector General Act of 1978 (5 - U.S.C. App.). + ``(1) Computer matching by executive agencies for purposes of + investigation and prevention of improper payments and fraud.-- + ``(A) In general.--Except as provided in this paragraph, in + accordance with section 552a of title 5 (commonly known as the + `Privacy Act of 1974'), the head of each executive agency may + enter into computer matching agreements with other heads of + executive agencies that allow ongoing data matching, which + shall include automated data matching, in order to assist in + the detection and prevention of improper payments. + ``(B) Review.--Not later than 60 days after the date on + which a proposal for an agreement under subparagraph (A) has + been presented to a Data Integrity Board established under + section 552a(u) of title 5 for consideration, the Data + Integrity Board shall respond to the proposal. + ``(C) Termination date.--An agreement described in + subparagraph (A)-- + ``(i) shall have a termination date of less than 3 + years; and + ``(ii) during the 3-month period ending on the date on + which the agreement is scheduled to terminate, may be + renewed by the executive agencies entering the agreement + for not more than 3 years. + ``(D) Multiple agencies.--For purposes of this paragraph, + section 552a(o)(1) of title 5 shall be applied by substituting + `between the source agency and the recipient agency or non- + Federal agency or an agreement governing multiple agencies' for + `between the source agency and the recipient agency or non- + Federal agency' in the matter preceding subparagraph (A). + ``(E) Cost-benefit analysis.--A justification under section + 552a(o)(1)(B) of title 5 relating to an agreement under + subparagraph (A) is not required to contain a specific estimate + of any savings under the computer matching agreement. + ``(2) Guidance and procedures by the office of management and + budget.--The guidance, rules, and procedures required to be issued, + clarified, and established under paragraphs (3) and (4) of section + 5(e) of the Improper Payments Elimination and Recovery Improvement + Act of 2012, as in effect on the day before the date of enactment + of this section-- + ``(A) shall continue to be in effect on and after the date + of enactment of this section; and + ``(B) may be modified as determined appropriate by the + Director of the Office of Management and Budget. + ``(3) Compliance.--The head of each executive agency, in + consultation with the Inspector General of the executive agency, + shall ensure that any information provided to an individual or + entity under this subsection is provided in accordance with + protocols established under this subsection. + ``(4) Rule of construction.--Nothing in this subsection shall + be construed-- + ``(A) to affect the rights of an individual under section + 552a(p) of title 5; or + ``(B) to impede the exercise of an exemption provided to + Inspectors General or by an executive agency in coordination + with an Inspector General under section 6(j) of the Inspector + General Act of 1978 (5 U.S.C. App.). ``(e) Plan To Curb Federal Improper Payments to Deceased Individuals by Improving the Quality and Use by Federal Agencies of the Social Security Administration Death Master File and Other Death Data.-- - ``(1) Establishment.--In conjunction with the Commissioner - of Social Security and in consultation with relevant - stakeholders that have an interest in or responsibility for - providing the data, and each State, the Director of the Office - of Management and Budget shall conduct a study and update the - plan required to be established under section 5(g) of the - Improper Payments Elimination and Recovery Improvement Act of - 2012, as in effect on the day before the date of enactment of - this section, for improving the quality, accuracy, and - timeliness of death data maintained by the Social Security - Administration, including death information reported to the - Commissioner under section 205(r) of the Social Security Act - (42 U.S.C. 405(r)). - ``(2) Additional actions under plan.--The plan described in - this subsection shall include recommended actions by executive - agencies to-- - ``(A) increase the quality and frequency of access - to the Death Master File and other death data; - ``(B) achieve a goal of at least daily access as - appropriate; - ``(C) provide for all States and other data - providers to use improved and electronic means for - providing data; - ``(D) identify improved methods by executive - agencies for determining ineligible payments due to the - death of a recipient through proactive verification - means; and - ``(E) address improper payments made by executive - agencies to deceased individuals as part of Federal - retirement programs. - ``(3) Report.--Not later than 120 days after the date of - enactment of this section, the Director of the Office of - Management and Budget shall submit a report to Congress on the - plan described in this subsection, including recommended - legislation. + ``(1) Establishment.--In conjunction with the Commissioner of + Social Security and in consultation with relevant stakeholders that + have an interest in or responsibility for providing the data, and + each State, the Director of the Office of Management and Budget + shall conduct a study and update the plan required to be + established under section 5(g) of the Improper Payments Elimination + and Recovery Improvement Act of 2012, as in effect on the day + before the date of enactment of this section, for improving the + quality, accuracy, and timeliness of death data maintained by the + Social Security Administration, including death information + reported to the Commissioner under section 205(r) of the Social + Security Act (42 U.S.C. 405(r)). + ``(2) Additional actions under plan.--The plan described in + this subsection shall include recommended actions by executive + agencies to-- + ``(A) increase the quality and frequency of access to the + Death Master File and other death data; + ``(B) achieve a goal of at least daily access as + appropriate; + ``(C) provide for all States and other data providers to + use improved and electronic means for providing data; + ``(D) identify improved methods by executive agencies for + determining ineligible payments due to the death of a recipient + through proactive verification means; and + ``(E) address improper payments made by executive agencies + to deceased individuals as part of Federal retirement programs. + ``(3) Report.--Not later than 120 days after the date of + enactment of this section, the Director of the Office of Management + and Budget shall submit a report to Congress on the plan described + in this subsection, including recommended legislation. ``Sec. 3355. Improving recovery of improper payments ``The Director of the Office of Management and Budget shall determine-- - ``(1) current and historical rates and amounts of recovery - of improper payments, or, in cases in which improper payments - are identified solely on the basis of a sample, recovery rates - and amounts estimated on the basis of the applicable sample, - including a list of executive agency recovery audit contract - programs and specific information of amounts and payments - recovered by recovery audit contractors; and - ``(2) targets for recovering improper payments, including - specific information on amounts and payments recovered by - recovery audit contractors. + ``(1) current and historical rates and amounts of recovery of + improper payments, or, in cases in which improper payments are + identified solely on the basis of a sample, recovery rates and + amounts estimated on the basis of the applicable sample, including + a list of executive agency recovery audit contract programs and + specific information of amounts and payments recovered by recovery + audit contractors; and + ``(2) targets for recovering improper payments, including + specific information on amounts and payments recovered by recovery + audit contractors. ``Sec. 3356. Improving the use of data by executive agencies for - curbing improper payments + curbing improper payments ``(a) Prompt Reporting of Death Information by the Department of State and the Department of Defense.--The procedure required to be established under section 7(a) of the Improper Payments Elimination and Recovery Improvement Act of 2012, as in effect on the day before the date of enactment of this section-- - ``(1) shall continue to be in effect on and after the date - of enactment of this section; and - ``(2) may be modified as determined appropriate by the - Director of the Office of Management and Budget. + ``(1) shall continue to be in effect on and after the date of + enactment of this section; and + ``(2) may be modified as determined appropriate by the Director + of the Office of Management and Budget. ``(b) Prompt Reporting of Death Information by the Department of Veterans Affairs and the Office of Personnel Management.--Not later than 1 year after the date of enactment of this section, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall establish a procedure under which the Secretary and the Director-- - ``(1) shall promptly and on a regular basis submit - information relating to the deaths of individuals, including - stopped payments data as applicable, to each executive agency - for which the Director of the Office of Management and Budget - determines receiving and using such information would be - relevant and necessary; and - ``(2) to facilitate the centralized access of death data - for the use of reducing improper payments, may identify - additional Federal sources of death data and direct the data - owner to provide that data to 1 or more executive agencies for - that purpose. + ``(1) shall promptly and on a regular basis submit information + relating to the deaths of individuals, including stopped payments + data as applicable, to each executive agency for which the Director + of the Office of Management and Budget determines receiving and + using such information would be relevant and necessary; and + ``(2) to facilitate the centralized access of death data for + the use of reducing improper payments, may identify additional + Federal sources of death data and direct the data owner to provide + that data to 1 or more executive agencies for that purpose. ``(c) Guidance to Executive Agencies Regarding Data Access and Use for Improper Payments Purposes.--The guidance required to be issued under section 7(b) of the Improper Payments Elimination and Recovery Improvement Act of 2012, as in effect on the day before the date of enactment of this section-- - ``(1) shall continue to be in effect on and after the date - of enactment of this section; and - ``(2) may be modified as determined appropriate by the - Director of the Office of Management and Budget. + ``(1) shall continue to be in effect on and after the date of + enactment of this section; and + ``(2) may be modified as determined appropriate by the Director + of the Office of Management and Budget. ``Sec. 3357. Financial and administrative controls relating to fraud - and improper payments + and improper payments ``(a) Definition.--In this section, the term `agency' has the meaning given the term in section 551 of title 5. ``(b) Guidelines.--The guidelines required to be established under section 3(a) of the Fraud Reduction and Data Analytics Act of 2015, as in effect on the day before the date of enactment of this section-- - ``(1) shall continue to be in effect on and after the date - of enactment of this section; and - ``(2) may be periodically modified by the Director of the - Office of Management and Budget, in consultation with the - Comptroller General of the United States, as the Director and - Comptroller General may determine necessary. + ``(1) shall continue to be in effect on and after the date of + enactment of this section; and + ``(2) may be periodically modified by the Director of the + Office of Management and Budget, in consultation with the + Comptroller General of the United States, as the Director and + Comptroller General may determine necessary. ``(c) Requirements for Controls.--The guidelines described in subsection (b) shall include-- - ``(1) conducting an evaluation of fraud risks and using a - risk-based approach to design and implement financial and - administrative control activities to mitigate identified fraud - risks; - ``(2) collecting and analyzing data from reporting - mechanisms on detected fraud to monitor fraud trends and using - that data and information to continuously improve fraud - prevention controls; and - ``(3) using the results of monitoring, evaluation, audits, - and investigations to improve fraud prevention, detection, and - response. + ``(1) conducting an evaluation of fraud risks and using a risk- + based approach to design and implement financial and administrative + control activities to mitigate identified fraud risks; + ``(2) collecting and analyzing data from reporting mechanisms + on detected fraud to monitor fraud trends and using that data and + information to continuously improve fraud prevention controls; and + ``(3) using the results of monitoring, evaluation, audits, and + investigations to improve fraud prevention, detection, and + response. ``(d) Report.--For each of fiscal years 2019 and 2020, each agency shall submit to Congress, as part of the annual financial report of the agency, a report of the agency on-- - ``(1) implementing-- - ``(A) the financial and administrative controls - described in subsection (b); - ``(B) the fraud risk principle in the Standards for - Internal Control in the Federal Government published by - the Government Accountability Office (commonly known as - the `Green Book'); and - ``(C) Office of Management and Budget Circular A- - 123, or any successor thereto, with respect to the - leading practices for managing fraud risk; - ``(2) identifying risks and vulnerabilities to fraud, - including with respect to payroll, beneficiary payments, - grants, large contracts, and purchase and travel cards; and - ``(3) establishing strategies, procedures, and other steps - to curb fraud. + ``(1) implementing-- + ``(A) the financial and administrative controls described + in subsection (b); + ``(B) the fraud risk principle in the Standards for + Internal Control in the Federal Government published by the + Government Accountability Office (commonly known as the `Green + Book'); and + ``(C) Office of Management and Budget Circular A-123, or + any successor thereto, with respect to the leading practices + for managing fraud risk; + ``(2) identifying risks and vulnerabilities to fraud, including + with respect to payroll, beneficiary payments, grants, large + contracts, and purchase and travel cards; and + ``(3) establishing strategies, procedures, and other steps to + curb fraud. ``Sec. 3358. Interagency working group for Governmentwide payment - integrity improvement + integrity improvement ``(a) Working Group.-- - ``(1) Establishment.--Not later than 90 days after the date - of enactment of this section, there is established an - interagency working group on payment integrity-- - ``(A) to improve-- - ``(i) State-administered Federal programs - to determine eligibility processes and data - sharing practices; - ``(ii) the guidelines described in section - 3357(b) and other best practices and techniques - for detecting, preventing, and responding to - improper payments, including improper payments - that are the result of fraud; and - ``(iii) the sharing and development of data - analytics techniques to help prevent and - identify potential improper payments, including - those that are the result of fraud; and - ``(B) to identify any additional activities that - will improve payment integrity of Federal programs. - ``(2) Composition.--The interagency working group - established under paragraph (1) shall be composed of-- - ``(A) the Director of the Office of Management and - Budget; - ``(B) 1 representative from each of the agencies - described in paragraphs (1) and (2) of section 901(b) - of this title; and - ``(C) any other representatives of other executive - agencies determined appropriate by the Director of the - Office of Management and Budget, which may include the - Chief Information Officer, the Chief Procurement - Officer, the Chief Risk Officer, or the Chief Operating - Officer of an executive agency. + ``(1) Establishment.--Not later than 90 days after the date of + enactment of this section, there is established an interagency + working group on payment integrity-- + ``(A) to improve-- + ``(i) State-administered Federal programs to determine + eligibility processes and data sharing practices; + ``(ii) the guidelines described in section 3357(b) and + other best practices and techniques for detecting, + preventing, and responding to improper payments, including + improper payments that are the result of fraud; and + ``(iii) the sharing and development of data analytics + techniques to help prevent and identify potential improper + payments, including those that are the result of fraud; and + ``(B) to identify any additional activities that will + improve payment integrity of Federal programs. + ``(2) Composition.--The interagency working group established + under paragraph (1) shall be composed of-- + ``(A) the Director of the Office of Management and Budget; + ``(B) 1 representative from each of the agencies described + in paragraphs (1) and (2) of section 901(b) of this title; and + ``(C) any other representatives of other executive agencies + determined appropriate by the Director of the Office of + Management and Budget, which may include the Chief Information + Officer, the Chief Procurement Officer, the Chief Risk Officer, + or the Chief Operating Officer of an executive agency. ``(b) Consultation.--The working group established under subsection (a)(1) may consult with Offices of Inspectors General and Federal and non-Federal experts on fraud risk assessments, administrative controls @@ -1205,14 +1078,14 @@ over payment integrity, financial controls, and other relevant matters. ``(d) Report.--Not later than 240 days after the date of enactment of this section, the working group established under subsection (a)(1) shall submit to Congress a report that includes-- - ``(1) a plan containing tangible solutions to prevent and - reduce improper payments; and - ``(2) a plan for State agencies to work with Federal - agencies to regularly review lists of beneficiaries of State- - managed Federal programs for duplicate enrollment between - States, including how the Do Not Pay Business Center and the - data analytics initiative of the Department of the Treasury - could aid in the detection of duplicate enrollment.''. + ``(1) a plan containing tangible solutions to prevent and + reduce improper payments; and + ``(2) a plan for State agencies to work with Federal agencies + to regularly review lists of beneficiaries of State-managed Federal + programs for duplicate enrollment between States, including how the + Do Not Pay Business Center and the data analytics initiative of the + Department of the Treasury could aid in the detection of duplicate + enrollment.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 31, United States Code, is amended by adding at the end the following: @@ -1221,85 +1094,63 @@ end the following: ``3351. Definitions. ``3352. Estimates of improper payments and reports on actions to reduce - improper payments. + improper payments. ``3353. Compliance. ``3354. Do Not Pay Initiative. ``3355. Improving recovery of improper payments. ``3356. Improving the use of data by executive agencies for curbing - improper payments. + improper payments. ``3357. Financial and administrative controls relating to fraud and - improper payments. + improper payments. ``3358. Interagency working group for Governmentwide payment integrity - improvement.''. - + improvement.''. SEC. 3. REPEALS. - (a) In General.-- - (1) Improper payments information act of 2002.--The - Improper Payments Information Act of 2002 (31 U.S.C. 3321 note) - is repealed. - (2) Improper payments elimination and recovery act of - 2010.--The Improper Payments Elimination and Recovery Act of - 2010 (Public Law 114-204; 124 Stat. 2224) is repealed. - (3) Improper payments elimination and recovery improvement - act of 2012.--The Improper Payments Elimination and Recovery - Improvement Act of 2012 (31 U.S.C. 3321 note) is repealed. - (4) Fraud reduction and data analytics act of 2015.--The - Fraud Reduction and Data Analytics Act of 2015 (31 U.S.C. 3321 - note) is repealed. + (1) Improper payments information act of 2002.--The Improper + Payments Information Act of 2002 (31 U.S.C. 3321 note) is repealed. + (2) Improper payments elimination and recovery act of 2010.-- + The Improper Payments Elimination and Recovery Act of 2010 (Public + Law 114-204; 124 Stat. 2224) is repealed. + (3) Improper payments elimination and recovery improvement act + of 2012.--The Improper Payments Elimination and Recovery + Improvement Act of 2012 (31 U.S.C. 3321 note) is repealed. + (4) Fraud reduction and data analytics act of 2015.--The Fraud + Reduction and Data Analytics Act of 2015 (31 U.S.C. 3321 note) is + repealed. (b) Technical and Conforming Amendments.-- - (1) Government charge card abuse prevention act of 2012.-- - Section 6(a) of the Government Charge Card Abuse Prevention Act - of 2012 (5 U.S.C. 5701 note) is amended by striking ``section - 3512 of title 31, United States Code, or in the Improper - Payments Information Act of 2002 (31 U.S.C. 3321 note)'' and - inserting ``section 3512 or subchapter IV of chapter 33 of - title 31, United States Code''. - (2) Homeland security act of 2002.--Section 2022(a) of the - Homeland Security Act of 2002 (6 U.S.C. 612(a)) is amended-- - (A) in paragraph (1)(C), by striking ``Consistent - with the Improper Payments Information Act of 2002 (31 - U.S.C. 3321 note)'' and inserting ``Consistent with - subchapter IV of chapter 33 of title 31, United States - Code''; and - (B) in paragraph (5), by striking ``section 2(h) of - the Improper Payments Elimination and Recovery Act of - 2010 (31 U.S.C. 3321 note)'' and inserting ``section - 3352(i) of title 31, United States Code,''. - (3) Social security act.--Section 2105 of the Social - Security Act (42 U.S.C. 1397ee(c)) is amended by striking - ``Improper Payments Information Act of 2002'' each place that - term appears and inserting ``subchapter IV of chapter 33 of - title 31, United States Code''. - (4) Title 31.--Section 3562(a) of title 31, United States - Code, is amended-- - (A) in the matter preceding paragraph (1)-- - (i) by striking ``section 3561'' and - inserting ``section 3352(i)''; and - (ii) by striking ``agency for the following - purposes:'' and all that follows through ``To - reimburse'' and inserting - - - - - ``agency to reimburse''; and - (B) by striking paragraph (2). + (1) Government charge card abuse prevention act of 2012.-- + Section 6(a) of the Government Charge Card Abuse Prevention Act of + 2012 (5 U.S.C. 5701 note) is amended by striking ``section 3512 of + title 31, United States Code, or in the Improper Payments + Information Act of 2002 (31 U.S.C. 3321 note)'' and inserting + ``section 3512 or subchapter IV of chapter 33 of title 31, United + States Code''. + (2) Homeland security act of 2002.--Section 2022(a) of the + Homeland Security Act of 2002 (6 U.S.C. 612(a)) is amended-- + (A) in paragraph (1)(C), by striking ``Consistent with the + Improper Payments Information Act of 2002 (31 U.S.C. 3321 + note)'' and inserting ``Consistent with subchapter IV of + chapter 33 of title 31, United States Code''; and + (B) in paragraph (5), by striking ``section 2(h) of the + Improper Payments Elimination and Recovery Act of 2010 (31 + U.S.C. 3321 note)'' and inserting ``section 3352(i) of title + 31, United States Code,''. + (3) Social security act.--Section 2105 of the Social Security + Act (42 U.S.C. 1397ee(c)) is amended by striking ``Improper + Payments Information Act of 2002'' each place that term appears and + inserting ``subchapter IV of chapter 33 of title 31, United States + Code''. + (4) Title 31.--Section 3562(a) of title 31, United States Code, + is amended-- + (A) in the matter preceding paragraph (1)-- + (i) by striking ``section 3561'' and inserting + ``section 3352(i)''; and + (ii) by striking ``agency for the following purposes:'' + and all that follows through ``To reimburse'' and inserting + ``agency to reimburse''; and + (B) by striking paragraph (2). - Passed the Senate July 16, 2019. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 375 - -_______________________________________________________________________ - - AN ACT - - To improve efforts to identify and reduce Governmentwide improper - payments, and for other purposes. + Vice President of the United States and + President of the Senate. From 384e25c647f93a211cc8fb6cc77ce3932a8c791a Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 718/984] Senate-394: Introduced to Senate --- bills_text/Senate-394.txt | 253 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 253 insertions(+) create mode 100644 bills_text/Senate-394.txt diff --git a/bills_text/Senate-394.txt b/bills_text/Senate-394.txt new file mode 100644 index 0000000..a61de34 --- /dev/null +++ b/bills_text/Senate-394.txt @@ -0,0 +1,253 @@ +116th CONGRESS + 1st Session + S. 394 + +To amend the Presidential Transition Act of 1963 to improve the orderly + transfer of the executive power during Presidential transitions. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 7, 2019 + + Mr. Johnson (for himself, Mr. Carper, and Ms. Hassan) introduced the + following bill; which was read twice and referred to the Committee on + Homeland Security and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + +To amend the Presidential Transition Act of 1963 to improve the orderly + transfer of the executive power during Presidential transitions. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Presidential Transition Enhancement +Act of 2019''. + +SEC. 2. PRESIDENTIAL TRANSITION ENHANCEMENTS. + + (a) In General.--Section 3 of the Presidential Transition Act of +1963 (3 U.S.C. 102 note) is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by + striking ``upon request,'' and all that follows through + ``including'' and inserting ``upon request, to each + President-elect, each Vice-President-elect, and, for up + to 60 days after the date of the inauguration of the + President-elect and Vice-President-elect, each + President and Vice President, for use in connection + with the preparations for the assumption of official + duties as President or Vice President necessary + services and facilities, including''; and + (B) in paragraph (2)-- + (i) by inserting ``, or an employee of a + committee of either House of Congress, a joint + committee of the Congress, or an individual + Member of Congress,'' after ``any branch of the + Government''; and + (ii) by inserting ``, or in the case of an + employee in a position in the legislative + branch, with the consent of the supervising + Member of Congress'' after ``with the consent + of the head of the agency''; + (2) by striking subsection (b) and inserting the following: + ``(b) The Administrator shall expend funds for the provision of +services and facilities under this section-- + ``(1) in connection with any obligation incurred by the + President-elect or Vice-President-elect, or after the + inauguration of the President-elect as President and the + inauguration of the Vice-President-elect as Vice President + incurred by the President or Vice President, during the + period-- + ``(A) beginning on the day after the date of the + general elections held to determine the electors of the + President and Vice President under section 1 or 2 of + title 3, United States Code; and + ``(B) ending on the date that is 60 days after the + date of such inauguration; and + ``(2) without regard to whether the President-elect, Vice- + President-elect, President, or Vice President submits to the + Administrator a request for payment regarding services or + facilities before the end of such period.''; + (3) in subsection (h)(2)(B)(ii), by striking ``computers'' + and inserting ``information technology''; and + (4) By adding at the end the following: + ``(i) Memorandums of Understanding.-- + ``(1) In general.--Not later than September 1 of a year + during which a Presidential election occurs, the Administrator + shall, to the maximum extent practicable, enter into a + memorandum of understanding with each eligible candidate, which + shall include, at a minimum, the conditions for the + administrative support services and facilities described in + subsection (a). + ``(2) Existing resources.--To the maximum extent + practicable, a memorandum of understanding entered into under + paragraph (1) shall be based on memorandums of understanding + relating to previous Presidential transitions. + ``(3) Transition representative.-- + ``(A) Designation of representative for + inquiries.--Each memorandum of understanding entered + into under this subsection shall designate a + representative of the eligible candidate to whom the + Administrator shall direct any inquiries or legal + instruments regarding the records of the eligible + candidate that are in the custody of the Administrator. + ``(B) Change in transition representative.--The + designation of a new individual as the transition + representative of an eligible candidate shall not + require the execution of a new memorandum of + understanding under this subsection. + ``(C) Termination of designation.--The designation + of a transition representative under a memorandum of + understanding shall terminate-- + ``(i) not later than September 30 of the + year during which the inauguration of the + President-elect as President and the + inauguration of the Vice-President-elect as + Vice President occurs; or + ``(ii) before the date described in clause + (i), upon request of the President-elect or the + Vice-President-elect or, after such + inauguration, upon request of the President or + the Vice President. + ``(4) Amendments.--Any amendment to a memorandum of + understanding entered into under this subsection shall be + agreed to in writing. + ``(5) Prior notification of deviation.--Each party to a + memorandum of understanding entered into under this subsection + shall provide written notice, except to the extent prohibited + under another provision of law, not later than 3 days before + taking any action that deviates from the terms and conditions + agreed to in the memorandum of understanding. + ``(6) Definition.--In this subsection, the term `eligible + candidate' has the meaning given that term in subsection + (h)(4).''. + (b) Agency Transitions.--Section 4 of the Presidential Transition +Act of 1963 (3 U.S.C. 102 note) is amended-- + (1) in subsection (a)-- + (A) in paragraph (3), by striking ``and'' at the + end; + (B) by redesignating paragraph (4) as paragraph + (5); and + (C) by inserting after paragraph (3) the following: + ``(4) the term `nonpublic information'-- + ``(A) means information from the Federal Government + that a member of a transition team obtains as part of + the employment of the member that such member knows or + reasonably should know has not been made available to + the general public; and + ``(B) includes information that a member of the + transition team knows or reasonably should know-- + ``(i) is exempt from disclosure under + section 552 of title 5, United States Code, or + otherwise protected from disclosure by law; and + ``(ii) is not authorized by the appropriate + government agency or officials to be released + to the public; and''; + (2) in subparagraphs (C) and (D) of subsection (e)(3), by + inserting ``serving in a career position'' after ``senior + representative''; + (3) by striking subsection (f)(2) and inserting the + following: + ``(2) Acting officers.--Not later than September 15 of a + year during which a Presidential election occurs, and in + accordance with subchapter III of chapter 33 of title 5, United + States Code, the head of each agency shall ensure that a + succession plan is in place for each senior noncareer position + in the agency.''; and + (4) in subsection (g)-- + (A) in paragraph (1), by striking ``November 1'' + and inserting ``October 1''; and + (B) by adding at the end the following: + ``(3) Ethics plan.-- + ``(A) In general.--Each memorandum of understanding + under paragraph (1) shall include an agreement that the + eligible candidate will implement and enforce an ethics + plan to guide the conduct of the transition beginning + on the date on which the eligible candidate becomes the + President-elect. + ``(B) Contents.--The ethics plan shall include, at + a minimum-- + ``(i) a description of the ethics + requirements that will apply to all members of + the transition team, including any specific + requirement for transition team members who + will have access to nonpublic or classified + information; + ``(ii) a description of how the transition + team will-- + ``(I) address the role on the + transition team of-- + ``(aa) lobbyists registered + under the Lobbying Disclosure + Act of 1995 (2 U.S.C. 1601 et + seq.) and individuals who were + former lobbyists registered + under that Act; and + ``(bb) persons registered + under the Foreign Agents + Registration Act (22 U.S.C. 611 + et seq.), foreign nationals, + and other foreign agents; + ``(II) prohibit a transition team + member with conflicts of interest + similar to those applicable to Federal + employees under section 2635.402(a) and + section 2635.502(a) of title 5, Code of + Federal Regulations, related to current + or former employment, affiliations, + clients, or investments, from working + on particular matters involving + specific parties that affect the + interests of such member; and + ``(III) address how the covered + eligible candidate will address his or + her own conflicts of interest during a + Presidential term if the covered + eligible candidate becomes the + President-elect; + ``(iii) a Code of Ethical Conduct, which + each member of the transition team will sign + and be subject to, that reflects the content of + the ethics plans under this paragraph and at a + minimum requires transition team members to-- + ``(I) seek authorization from + transition team leaders or their + designees before seeking, on behalf of + the transition, access to any nonpublic + information; + ``(II) keep confidential any + nonpublic information provided in the + course of the duties of the member with + the transition and exclusively use such + information for the purposes of the + transition; and + ``(III) not use any nonpublic + information provided in the course of + transition duties, in any manner, for + personal or private gain for the member + or any other party at any time during + or after the transition; and + ``(iv) a description of how the transition + team will enforce the Code of Ethical Conduct, + including the names of the members of the + transition team responsible for enforcement, + oversight, and compliance. + ``(C) Publicly available.--The transition team + shall make the ethics plan described in this paragraph + publicly available on the Internet website of the + General Services Administration the earlier of-- + ``(i) the day on which the memorandum of + understanding is completed; or + ``(ii) October 1.''. + \ No newline at end of file From be90655268574f91b6d53b53e5aff6cb33bde607 Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 719/984] Senate-394: Engrossed in Senate --- bills_text/Senate-394.txt | 45 +++++++++++++++++++++------------------ 1 file changed, 24 insertions(+), 21 deletions(-) diff --git a/bills_text/Senate-394.txt b/bills_text/Senate-394.txt index a61de34..1ff20e6 100644 --- a/bills_text/Senate-394.txt +++ b/bills_text/Senate-394.txt @@ -2,24 +2,9 @@ 1st Session S. 394 -To amend the Presidential Transition Act of 1963 to improve the orderly - transfer of the executive power during Presidential transitions. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - February 7, 2019 - - Mr. Johnson (for himself, Mr. Carper, and Ms. Hassan) introduced the - following bill; which was read twice and referred to the Committee on - Homeland Security and Governmental Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -196,9 +181,10 @@ Act of 1963 (3 U.S.C. 102 note) is amended-- under that Act; and ``(bb) persons registered under the Foreign Agents - Registration Act (22 U.S.C. 611 - et seq.), foreign nationals, - and other foreign agents; + Registration Act of 1938 (22 + U.S.C. 611 et seq.), foreign + nationals, and other foreign + agents; ``(II) prohibit a transition team member with conflicts of interest similar to those applicable to Federal @@ -245,9 +231,26 @@ Act of 1963 (3 U.S.C. 102 note) is amended-- oversight, and compliance. ``(C) Publicly available.--The transition team shall make the ethics plan described in this paragraph - publicly available on the Internet website of the + publicly available on the internet website of the General Services Administration the earlier of-- ``(i) the day on which the memorandum of understanding is completed; or ``(ii) October 1.''. - \ No newline at end of file + + Passed the Senate August 1, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 394 + +_______________________________________________________________________ + + AN ACT + +To amend the Presidential Transition Act of 1963 to improve the orderly + transfer of the executive power during Presidential transitions. From f9dd8c7e6aac98978d42ead9dae2455b96ee4773 Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 720/984] Senate-394: Enrolled --- bills_text/Senate-394.txt | 430 +++++++++++++++++--------------------- 1 file changed, 196 insertions(+), 234 deletions(-) diff --git a/bills_text/Senate-394.txt b/bills_text/Senate-394.txt index 1ff20e6..d695868 100644 --- a/bills_text/Senate-394.txt +++ b/bills_text/Senate-394.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 394 + S.394 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -13,244 +22,197 @@ To amend the Presidential Transition Act of 1963 to improve the orderly Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Presidential Transition Enhancement Act of 2019''. - SEC. 2. PRESIDENTIAL TRANSITION ENHANCEMENTS. - (a) In General.--Section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- - (1) in subsection (a)-- - (A) in the matter preceding paragraph (1), by - striking ``upon request,'' and all that follows through - ``including'' and inserting ``upon request, to each - President-elect, each Vice-President-elect, and, for up - to 60 days after the date of the inauguration of the - President-elect and Vice-President-elect, each - President and Vice President, for use in connection - with the preparations for the assumption of official - duties as President or Vice President necessary - services and facilities, including''; and - (B) in paragraph (2)-- - (i) by inserting ``, or an employee of a - committee of either House of Congress, a joint - committee of the Congress, or an individual - Member of Congress,'' after ``any branch of the - Government''; and - (ii) by inserting ``, or in the case of an - employee in a position in the legislative - branch, with the consent of the supervising - Member of Congress'' after ``with the consent - of the head of the agency''; - (2) by striking subsection (b) and inserting the following: + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by striking + ``upon request,'' and all that follows through ``including'' + and inserting ``upon request, to each President-elect, each + Vice-President-elect, and, for up to 60 days after the date of + the inauguration of the President-elect and Vice-President- + elect, each President and Vice President, for use in connection + with the preparations for the assumption of official duties as + President or Vice President necessary services and facilities, + including''; and + (B) in paragraph (2)-- + (i) by inserting ``, or an employee of a committee of + either House of Congress, a joint committee of the + Congress, or an individual Member of Congress,'' after + ``any branch of the Government''; and + (ii) by inserting ``, or in the case of an employee in + a position in the legislative branch, with the consent of + the supervising Member of Congress'' after ``with the + consent of the head of the agency''; + (2) by striking subsection (b) and inserting the following: ``(b) The Administrator shall expend funds for the provision of services and facilities under this section-- - ``(1) in connection with any obligation incurred by the - President-elect or Vice-President-elect, or after the - inauguration of the President-elect as President and the - inauguration of the Vice-President-elect as Vice President - incurred by the President or Vice President, during the - period-- - ``(A) beginning on the day after the date of the - general elections held to determine the electors of the - President and Vice President under section 1 or 2 of - title 3, United States Code; and - ``(B) ending on the date that is 60 days after the - date of such inauguration; and - ``(2) without regard to whether the President-elect, Vice- - President-elect, President, or Vice President submits to the - Administrator a request for payment regarding services or - facilities before the end of such period.''; - (3) in subsection (h)(2)(B)(ii), by striking ``computers'' - and inserting ``information technology''; and - (4) By adding at the end the following: + ``(1) in connection with any obligation incurred by the + President-elect or Vice-President-elect, or after the inauguration + of the President-elect as President and the inauguration of the + Vice-President-elect as Vice President incurred by the President or + Vice President, during the period-- + ``(A) beginning on the day after the date of the general + elections held to determine the electors of the President and + Vice President under section 1 or 2 of title 3, United States + Code; and + ``(B) ending on the date that is 60 days after the date of + such inauguration; and + ``(2) without regard to whether the President-elect, Vice- + President-elect, President, or Vice President submits to the + Administrator a request for payment regarding services or + facilities before the end of such period.''; + (3) in subsection (h)(2)(B)(ii), by striking ``computers'' and + inserting ``information technology''; and + (4) By adding at the end the following: ``(i) Memorandums of Understanding.-- - ``(1) In general.--Not later than September 1 of a year - during which a Presidential election occurs, the Administrator - shall, to the maximum extent practicable, enter into a - memorandum of understanding with each eligible candidate, which - shall include, at a minimum, the conditions for the - administrative support services and facilities described in - subsection (a). - ``(2) Existing resources.--To the maximum extent - practicable, a memorandum of understanding entered into under - paragraph (1) shall be based on memorandums of understanding - relating to previous Presidential transitions. - ``(3) Transition representative.-- - ``(A) Designation of representative for - inquiries.--Each memorandum of understanding entered - into under this subsection shall designate a - representative of the eligible candidate to whom the - Administrator shall direct any inquiries or legal - instruments regarding the records of the eligible - candidate that are in the custody of the Administrator. - ``(B) Change in transition representative.--The - designation of a new individual as the transition - representative of an eligible candidate shall not - require the execution of a new memorandum of - understanding under this subsection. - ``(C) Termination of designation.--The designation - of a transition representative under a memorandum of - understanding shall terminate-- - ``(i) not later than September 30 of the - year during which the inauguration of the - President-elect as President and the - inauguration of the Vice-President-elect as - Vice President occurs; or - ``(ii) before the date described in clause - (i), upon request of the President-elect or the - Vice-President-elect or, after such - inauguration, upon request of the President or - the Vice President. - ``(4) Amendments.--Any amendment to a memorandum of - understanding entered into under this subsection shall be - agreed to in writing. - ``(5) Prior notification of deviation.--Each party to a + ``(1) In general.--Not later than September 1 of a year during + which a Presidential election occurs, the Administrator shall, to + the maximum extent practicable, enter into a memorandum of + understanding with each eligible candidate, which shall include, at + a minimum, the conditions for the administrative support services + and facilities described in subsection (a). + ``(2) Existing resources.--To the maximum extent practicable, a + memorandum of understanding entered into under paragraph (1) shall + be based on memorandums of understanding relating to previous + Presidential transitions. + ``(3) Transition representative.-- + ``(A) Designation of representative for inquiries.--Each memorandum of understanding entered into under this subsection - shall provide written notice, except to the extent prohibited - under another provision of law, not later than 3 days before - taking any action that deviates from the terms and conditions - agreed to in the memorandum of understanding. - ``(6) Definition.--In this subsection, the term `eligible - candidate' has the meaning given that term in subsection - (h)(4).''. + shall designate a representative of the eligible candidate to + whom the Administrator shall direct any inquiries or legal + instruments regarding the records of the eligible candidate + that are in the custody of the Administrator. + ``(B) Change in transition representative.--The designation + of a new individual as the transition representative of an + eligible candidate shall not require the execution of a new + memorandum of understanding under this subsection. + ``(C) Termination of designation.--The designation of a + transition representative under a memorandum of understanding + shall terminate-- + ``(i) not later than September 30 of the year during + which the inauguration of the President-elect as President + and the inauguration of the Vice-President-elect as Vice + President occurs; or + ``(ii) before the date described in clause (i), upon + request of the President-elect or the Vice-President-elect + or, after such inauguration, upon request of the President + or the Vice President. + ``(4) Amendments.--Any amendment to a memorandum of + understanding entered into under this subsection shall be agreed to + in writing. + ``(5) Prior notification of deviation.--Each party to a + memorandum of understanding entered into under this subsection + shall provide written notice, except to the extent prohibited under + another provision of law, not later than 3 days before taking any + action that deviates from the terms and conditions agreed to in the + memorandum of understanding. + ``(6) Definition.--In this subsection, the term `eligible + candidate' has the meaning given that term in subsection (h)(4).''. (b) Agency Transitions.--Section 4 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- - (1) in subsection (a)-- - (A) in paragraph (3), by striking ``and'' at the - end; - (B) by redesignating paragraph (4) as paragraph - (5); and - (C) by inserting after paragraph (3) the following: - ``(4) the term `nonpublic information'-- - ``(A) means information from the Federal Government - that a member of a transition team obtains as part of - the employment of the member that such member knows or - reasonably should know has not been made available to - the general public; and - ``(B) includes information that a member of the - transition team knows or reasonably should know-- - ``(i) is exempt from disclosure under - section 552 of title 5, United States Code, or - otherwise protected from disclosure by law; and - ``(ii) is not authorized by the appropriate - government agency or officials to be released - to the public; and''; - (2) in subparagraphs (C) and (D) of subsection (e)(3), by - inserting ``serving in a career position'' after ``senior - representative''; - (3) by striking subsection (f)(2) and inserting the - following: - ``(2) Acting officers.--Not later than September 15 of a - year during which a Presidential election occurs, and in - accordance with subchapter III of chapter 33 of title 5, United - States Code, the head of each agency shall ensure that a - succession plan is in place for each senior noncareer position - in the agency.''; and - (4) in subsection (g)-- - (A) in paragraph (1), by striking ``November 1'' - and inserting ``October 1''; and - (B) by adding at the end the following: - ``(3) Ethics plan.-- - ``(A) In general.--Each memorandum of understanding - under paragraph (1) shall include an agreement that the - eligible candidate will implement and enforce an ethics - plan to guide the conduct of the transition beginning - on the date on which the eligible candidate becomes the - President-elect. - ``(B) Contents.--The ethics plan shall include, at - a minimum-- - ``(i) a description of the ethics - requirements that will apply to all members of - the transition team, including any specific - requirement for transition team members who - will have access to nonpublic or classified - information; - ``(ii) a description of how the transition - team will-- - ``(I) address the role on the - transition team of-- - ``(aa) lobbyists registered - under the Lobbying Disclosure - Act of 1995 (2 U.S.C. 1601 et - seq.) and individuals who were - former lobbyists registered - under that Act; and - ``(bb) persons registered - under the Foreign Agents - Registration Act of 1938 (22 - U.S.C. 611 et seq.), foreign - nationals, and other foreign - agents; - ``(II) prohibit a transition team - member with conflicts of interest - similar to those applicable to Federal - employees under section 2635.402(a) and - section 2635.502(a) of title 5, Code of - Federal Regulations, related to current - or former employment, affiliations, - clients, or investments, from working - on particular matters involving - specific parties that affect the - interests of such member; and - ``(III) address how the covered - eligible candidate will address his or - her own conflicts of interest during a - Presidential term if the covered - eligible candidate becomes the - President-elect; - ``(iii) a Code of Ethical Conduct, which - each member of the transition team will sign - and be subject to, that reflects the content of - the ethics plans under this paragraph and at a - minimum requires transition team members to-- - ``(I) seek authorization from - transition team leaders or their - designees before seeking, on behalf of - the transition, access to any nonpublic - information; - ``(II) keep confidential any - nonpublic information provided in the - course of the duties of the member with - the transition and exclusively use such - information for the purposes of the - transition; and - ``(III) not use any nonpublic - information provided in the course of - transition duties, in any manner, for - personal or private gain for the member - or any other party at any time during - or after the transition; and - ``(iv) a description of how the transition - team will enforce the Code of Ethical Conduct, - including the names of the members of the - transition team responsible for enforcement, - oversight, and compliance. - ``(C) Publicly available.--The transition team - shall make the ethics plan described in this paragraph - publicly available on the internet website of the - General Services Administration the earlier of-- - ``(i) the day on which the memorandum of - understanding is completed; or - ``(ii) October 1.''. - - Passed the Senate August 1, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 394 - -_______________________________________________________________________ - - AN ACT - -To amend the Presidential Transition Act of 1963 to improve the orderly - transfer of the executive power during Presidential transitions. + (1) in subsection (a)-- + (A) in paragraph (3), by striking ``and'' at the end; + (B) by redesignating paragraph (4) as paragraph (5); and + (C) by inserting after paragraph (3) the following: + ``(4) the term `nonpublic information'-- + ``(A) means information from the Federal Government that a + member of a transition team obtains as part of the employment + of the member that such member knows or reasonably should know + has not been made available to the general public; and + ``(B) includes information that a member of the transition + team knows or reasonably should know-- + ``(i) is exempt from disclosure under section 552 of + title 5, United States Code, or otherwise protected from + disclosure by law; and + ``(ii) is not authorized by the appropriate government + agency or officials to be released to the public; and''; + (2) in subparagraphs (C) and (D) of subsection (e)(3), by + inserting ``serving in a career position'' after ``senior + representative''; + (3) by striking subsection (f)(2) and inserting the following: + ``(2) Acting officers.--Not later than September 15 of a year + during which a Presidential election occurs, and in accordance with + subchapter III of chapter 33 of title 5, United States Code, the + head of each agency shall ensure that a succession plan is in place + for each senior noncareer position in the agency.''; and + (4) in subsection (g)-- + (A) in paragraph (1), by striking ``November 1'' and + inserting ``October 1''; and + (B) by adding at the end the following: + ``(3) Ethics plan.-- + ``(A) In general.--Each memorandum of understanding under + paragraph (1) shall include an agreement that the eligible + candidate will implement and enforce an ethics plan to guide + the conduct of the transition beginning on the date on which + the eligible candidate becomes the President-elect. + ``(B) Contents.--The ethics plan shall include, at a + minimum-- + ``(i) a description of the ethics requirements that + will apply to all members of the transition team, including + any specific requirement for transition team members who + will have access to nonpublic or classified information; + ``(ii) a description of how the transition team will-- + + ``(I) address the role on the transition team of-- + + ``(aa) lobbyists registered under the Lobbying + Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) and + individuals who were former lobbyists registered + under that Act; and + ``(bb) persons registered under the Foreign + Agents Registration Act of 1938 (22 U.S.C. 611 et + seq.), foreign nationals, and other foreign agents; + + ``(II) prohibit a transition team member with + conflicts of interest similar to those applicable to + Federal employees under section 2635.402(a) and section + 2635.502(a) of title 5, Code of Federal Regulations, + related to current or former employment, affiliations, + clients, or investments, from working on particular + matters involving specific parties that affect the + interests of such member; and + ``(III) address how the covered eligible candidate + will address his or her own conflicts of interest + during a Presidential term if the covered eligible + candidate becomes the President-elect; + + ``(iii) a Code of Ethical Conduct, which each member of + the transition team will sign and be subject to, that + reflects the content of the ethics plans under this + paragraph and at a minimum requires transition team members + to-- + + ``(I) seek authorization from transition team + leaders or their designees before seeking, on behalf of + the transition, access to any nonpublic information; + ``(II) keep confidential any nonpublic information + provided in the course of the duties of the member with + the transition and exclusively use such information for + the purposes of the transition; and + ``(III) not use any nonpublic information provided + in the course of transition duties, in any manner, for + personal or private gain for the member or any other + party at any time during or after the transition; and + + ``(iv) a description of how the transition team will + enforce the Code of Ethical Conduct, including the names of + the members of the transition team responsible for + enforcement, oversight, and compliance. + ``(C) Publicly available.--The transition team shall make + the ethics plan described in this paragraph publicly available + on the internet website of the General Services + + + Administration the earlier of-- + ``(i) the day on which the memorandum of understanding + is completed; or + ``(ii) October 1.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 3e73109818161daba24a05610e2daf0cc18d2cb1 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 721/984] Senate-457: Introduced to Senate --- bills_text/Senate-457.txt | 54 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 54 insertions(+) create mode 100644 bills_text/Senate-457.txt diff --git a/bills_text/Senate-457.txt b/bills_text/Senate-457.txt new file mode 100644 index 0000000..84bef6f --- /dev/null +++ b/bills_text/Senate-457.txt @@ -0,0 +1,54 @@ +116th CONGRESS + 1st Session + S. 457 + +To require that $1 coins issued during 2019 honor President George H.W. +Bush and to direct the Secretary of the Treasury to issue bullion coins + during 2019 in honor of Barbara Bush. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 12, 2019 + + Mr. Cornyn (for himself, Mr. Portman, Mr. Cruz, Mr. King, and Ms. + Collins) introduced the following bill; which was read twice and + referred to the Committee on Banking, Housing, and Urban Affairs + +_______________________________________________________________________ + + A BILL + + + +To require that $1 coins issued during 2019 honor President George H.W. +Bush and to direct the Secretary of the Treasury to issue bullion coins + during 2019 in honor of Barbara Bush. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``President George H.W. Bush and +Barbara Bush Coin Act''. + +SEC. 2. COINS HONORING PRESIDENT GEORGE H.W. BUSH AND BARBARA BUSH. + + (a) Circulating $1 Coins Honoring President George H.W. Bush.-- +Notwithstanding subsections (d), (n)(2)(E), (n)(3), (n)(4), and (n)(8) +of section 5112 of title 31, United States Code, in addition to the +coins to be issued under subsection (r) of such section 5112, and in +accordance with the other provisions of subsection (n) of such section +5112, $1 coins issued during the 1-year period beginning on January 1, +2019, shall bear the image of President George H.W. Bush. + (b) Bullion Coins Honoring Barbara Bush.--Notwithstanding +paragraphs (1) and (5)(C) of section 5112(o) of title 31, United States +Code, and in accordance with the other provisions of such section +5112(o), the Secretary of the Treasury shall, during the 1-year period +beginning on January 1, 2019, issue bullion coins that bear the image +of Barbara Bush. + \ No newline at end of file From 9100f142dd2250116d18edcd00051c130463e489 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 722/984] Senate-457: Engrossed in Senate --- bills_text/Senate-457.txt | 74 +++++++++++++++++++++++---------------- 1 file changed, 43 insertions(+), 31 deletions(-) diff --git a/bills_text/Senate-457.txt b/bills_text/Senate-457.txt index 84bef6f..ad4e258 100644 --- a/bills_text/Senate-457.txt +++ b/bills_text/Senate-457.txt @@ -2,25 +2,9 @@ 1st Session S. 457 -To require that $1 coins issued during 2019 honor President George H.W. -Bush and to direct the Secretary of the Treasury to issue bullion coins - during 2019 in honor of Barbara Bush. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - February 12, 2019 - - Mr. Cornyn (for himself, Mr. Portman, Mr. Cruz, Mr. King, and Ms. - Collins) introduced the following bill; which was read twice and - referred to the Committee on Banking, Housing, and Urban Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -33,22 +17,50 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``President George H.W. Bush and -Barbara Bush Coin Act''. + This Act may be cited as the ``President George H.W. Bush and First +Spouse Barbara Bush Coin Act''. -SEC. 2. COINS HONORING PRESIDENT GEORGE H.W. BUSH AND BARBARA BUSH. +SEC. 2. COINS HONORING PRESIDENT GEORGE H.W. BUSH AND FIRST SPOUSE + BARBARA BUSH. (a) Circulating $1 Coins Honoring President George H.W. Bush.-- Notwithstanding subsections (d), (n)(2)(E), (n)(3), (n)(4), and (n)(8) of section 5112 of title 31, United States Code, in addition to the -coins to be issued under subsection (r) of such section 5112, and in -accordance with the other provisions of subsection (n) of such section -5112, $1 coins issued during the 1-year period beginning on January 1, -2019, shall bear the image of President George H.W. Bush. - (b) Bullion Coins Honoring Barbara Bush.--Notwithstanding -paragraphs (1) and (5)(C) of section 5112(o) of title 31, United States -Code, and in accordance with the other provisions of such section -5112(o), the Secretary of the Treasury shall, during the 1-year period -beginning on January 1, 2019, issue bullion coins that bear the image -of Barbara Bush. - \ No newline at end of file +coins to be issued under subsections (r) and (w) of such section 5112, +and in accordance with the other provisions of subsection (n) of such +section 5112, the Secretary of the Treasury, beginning on January 1, +2020, shall mint and issue $1 coins that bear-- + (1) the image of President George H.W. Bush; and + (2) an inscription of the year ``2020''. + (b) Bullion Coins Honoring First Spouse Barbara Bush.-- +Notwithstanding paragraphs (1) and (5)(C) of section 5112(o) of title +31, United States Code, and in accordance with the other provisions of +such section 5112(o), the Secretary of the Treasury, beginning on +January 1, 2020, shall mint and issue bullion coins that bear-- + (1) the image of First Spouse Barbara Bush; and + (2) an inscription of the year ``2020''. + +SEC. 3. FINANCIAL ASSURANCES. + + The Secretary of the Treasury shall take such actions as may be +necessary to ensure that the minting and issuing of coins under this +Act will not result in any net cost to the United States Government. + + Passed the Senate December 16, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 457 + +_______________________________________________________________________ + + AN ACT + +To require that $1 coins issued during 2019 honor President George H.W. +Bush and to direct the Secretary of the Treasury to issue bullion coins + during 2019 in honor of Barbara Bush. From 4d4ef2fdce54cff54d3820ab1466272cb6692e4c Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 723/984] Senate-457: Enrolled --- bills_text/Senate-457.txt | 57 ++++++++++++++++----------------------- 1 file changed, 23 insertions(+), 34 deletions(-) diff --git a/bills_text/Senate-457.txt b/bills_text/Senate-457.txt index ad4e258..961a315 100644 --- a/bills_text/Senate-457.txt +++ b/bills_text/Senate-457.txt @@ -1,28 +1,33 @@ -116th CONGRESS - 1st Session - S. 457 + S.457 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To require that $1 coins issued during 2019 honor President George H.W. Bush and to direct the Secretary of the Treasury to issue bullion coins - during 2019 in honor of Barbara Bush. + during 2019 in honor of Barbara Bush. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``President George H.W. Bush and First Spouse Barbara Bush Coin Act''. - SEC. 2. COINS HONORING PRESIDENT GEORGE H.W. BUSH AND FIRST SPOUSE - BARBARA BUSH. - +BARBARA BUSH. (a) Circulating $1 Coins Honoring President George H.W. Bush.-- Notwithstanding subsections (d), (n)(2)(E), (n)(3), (n)(4), and (n)(8) of section 5112 of title 31, United States Code, in addition to the @@ -30,37 +35,21 @@ coins to be issued under subsections (r) and (w) of such section 5112, and in accordance with the other provisions of subsection (n) of such section 5112, the Secretary of the Treasury, beginning on January 1, 2020, shall mint and issue $1 coins that bear-- - (1) the image of President George H.W. Bush; and - (2) an inscription of the year ``2020''. + (1) the image of President George H.W. Bush; and + (2) an inscription of the year ``2020''. (b) Bullion Coins Honoring First Spouse Barbara Bush.-- Notwithstanding paragraphs (1) and (5)(C) of section 5112(o) of title 31, United States Code, and in accordance with the other provisions of such section 5112(o), the Secretary of the Treasury, beginning on January 1, 2020, shall mint and issue bullion coins that bear-- - (1) the image of First Spouse Barbara Bush; and - (2) an inscription of the year ``2020''. - + (1) the image of First Spouse Barbara Bush; and + (2) an inscription of the year ``2020''. SEC. 3. FINANCIAL ASSURANCES. - The Secretary of the Treasury shall take such actions as may be necessary to ensure that the minting and issuing of coins under this Act will not result in any net cost to the United States Government. - Passed the Senate December 16, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - S. 457 - -_______________________________________________________________________ - - AN ACT - -To require that $1 coins issued during 2019 honor President George H.W. -Bush and to direct the Secretary of the Treasury to issue bullion coins - during 2019 in honor of Barbara Bush. + Vice President of the United States and + President of the Senate. From 2c81b7e30f96d72984d8268a04f84c742c6f944a Mon Sep 17 00:00:00 2001 From: "Sen. Scott, Tim [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 724/984] Senate-461: Engrossed in Senate --- bills_text/Senate-461.txt | 231 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 231 insertions(+) create mode 100644 bills_text/Senate-461.txt diff --git a/bills_text/Senate-461.txt b/bills_text/Senate-461.txt new file mode 100644 index 0000000..d6a1dd5 --- /dev/null +++ b/bills_text/Senate-461.txt @@ -0,0 +1,231 @@ +116th CONGRESS + 1st Session + S. 461 + +_______________________________________________________________________ + + AN ACT + + + + To strengthen the capacity and competitiveness of historically Black +colleges and universities through robust public-sector, private-sector, + and community partnerships and engagement, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``HBCU Propelling Agency Relationships +Towards a New Era of Results for Students Act'' or the ``HBCU PARTNERS +Act''. + +SEC. 2. FINDINGS AND PURPOSES. + + (a) Findings.--Congress finds the following: + (1) As many colleges and universities across the country + kept their doors closed to African American applicants, + historically Black colleges and universities (referred to in + this section as ``HBCUs'') played a central role in ensuring + that African Americans could attain an excellent education. + (2) Today, HBCUs continue to play a critical role in + ensuring that African Americans, and those of all races, can + access high-quality educational opportunities. + (3) HBCUs enroll nearly 300,000 students, an estimated 70 + percent of whom come from low-income backgrounds and 80 percent + of whom are African American. + (4) According to the National Association For Equal + Opportunity In Higher Education, HBCUs make up just 3 percent + of American institutions of higher education but serve more + than a fifth of African American college students. + (5) A March 2017 report from the Education Trust concluded + that HBCUs have higher completion rates for African American + students than other institutions serving similar student + populations. + (6) In 2014, HBCUs generated a total direct economic impact + of $14,800,000,000 and created more than 134,000 jobs, + according to a study commissioned by the United Negro College + Fund (referred to in this section as ``UNCF''). + (7) According to the Thurgood Marshall College Fund + (referred to in this section as ``TMCF''), 40 percent of + African American Members of Congress, 50 percent of African + American lawyers, and 80 percent of African American judges are + graduates of HBCUs. + (8) According to UNCF, in 2013, HBCUs awarded a quarter of + all science, technology, engineering, and mathematics + bachelor's degrees awarded to African Americans. + (9) According to TMCF, approximately 9 percent of all + African American college students attend HBCUs. + (10) According to UNCF, African American graduates of HBCUs + are almost twice as likely as African Americans who graduated + from other institutions to report that their university + prepared them well for life. + (b) Purposes.--The purposes of this Act are-- + (1) to strengthen the capacity and competitiveness of HBCUs + to fulfill their principal mission of equalizing educational + opportunity, as described in section 301(b) of the Higher + Education Act of 1965 (20 U.S.C. 1051(b)); + (2) to align HBCUs with the educational and economic + competitiveness priorities of the United States; + (3) to provide students enrolled at HBCUs with the highest + quality educational and economic opportunities; + (4) to bolster and facilitate productive interactions + between HBCUs and Federal agencies; and + (5) to encourage HBCU participation in and benefit from + Federal programs, grants, contracts, and cooperative + agreements. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Applicable agency.--The term ``applicable agency'' + means any Federal agency designated by the Secretary, in + accordance with section 4. + (2) Executive director.--The term ``Executive Director'' + means-- + (A) the Executive Director of the White House + Initiative on Historically Black Colleges and + Universities, as designated by the President; or + (B) if no such Executive Director is designated, + such person as the President may designate to lead the + White House Initiative on Historically Black Colleges + and Universities. + (3) HBCU.--The term ``HBCU'' means a historically Black + college or university. + (4) Historically black college or university.--The term + ``historically Black college or university'' has the meaning + given the term ``part B institution'' under section 322 of the + Higher Education Act of 1965 (20 U.S.C. 1061). + (5) President's board of advisors.--The term ``President's + Board of Advisors'' means the President's Board of Advisors on + historically Black colleges and universities. + (6) Secretary.--Except as otherwise provided, the term + ``Secretary'' means the Secretary of Education. + (7) White house initiative.--The term ``White House + Initiative'' means the White House Initiative on historically + Black colleges and universities. + +SEC. 4. STRENGTHENING HBCUS THROUGH FEDERAL AGENCY PLANS. + + (a) Designating Applicable Agencies.--The Secretary, in +consultation with the Executive Director, shall identify those Federal +agencies that regularly interact with HBCUs and designate them as +applicable agencies. + (b) Submitting Agency Plans.--Not later than February 1 of each +year, the head of each applicable agency shall submit to the Secretary +and the Executive Director an annual Agency Plan describing efforts to +strengthen the capacity of HBCUs to participate in relevant Federal +programs and initiatives under the jurisdiction of the applicable +agency. + (c) Further Requirements for Submission and Accessibility.--The +head of each applicable agency shall submit each annual Agency Plan +described in subsection (b) to the Committee on Health, Education, +Labor, and Pensions of the Senate and the Committee on Education and +Labor of the House of Representatives. + (d) Agency Plan Content.--Where appropriate, each Agency Plan +shall, among other things-- + (1) establish how the applicable agency intends to increase + the capacity of HBCUs to compete effectively for grants, + contracts, or cooperative agreements; + (2) identify Federal programs and initiatives under the + jurisdiction of the applicable agency where HBCUs are not well- + represented; + (3) outline proposed efforts to improve HBCUs' + participation in such programs and initiatives in which they + are underrepresented; + (4) describe any progress made towards advancing or + achieving goals and efforts from previous Agency Plans; + (5) encourage public-sector, private-sector, and community + involvement in improving the capacity of HBCUs; and + (6) meet, where relevant, any additional criteria + established by the Secretary or the White House Initiative. + (e) Agency Engagement.--To help fulfill the objectives of the +Agency Plans, the head of each applicable agency-- + (1) may provide, as appropriate, technical assistance and + information to the Executive Director to enhance communication + with HBCUs concerning the applicable agency's program + activities and the preparation of applications or proposals for + grants, contracts, or cooperative agreements; and + (2) shall appoint a senior official to report directly to + the agency head on the applicable agency's progress under this + section. + +SEC. 5. PRESIDENT'S BOARD OF ADVISORS ON HBCUS. + + (a) Administration.-- + (1) In general.--There is established the President's Board + of Advisors on historically Black colleges and universities in + the Department of Education or, if the President so elects, + within the Executive Office of the President. + (2) Funding from ed.--Except as provided in paragraph (3), + the Secretary shall provide funding and administrative support + for the President's Board of Advisors, subject to the + availability of appropriations. + (3) Funding from the executive office of the president.--If + the President elects to locate the President's Board of + Advisors within the Executive Office of the President, the + Executive Office of the President shall provide funding and + administrative support for the President's Board of Advisors, + subject to the availability of appropriations. + (b) Membership.--The President shall appoint not more than 23 +members to the President's Board of Advisors, and the Secretary and +Executive Director or their designees shall serve as ex officio +members. The President shall designate one member of the President's +Board of Advisors to serve as its Chair, who shall help direct the +Board's work in coordination with the Secretary and in consultation +with the Executive Director. The Chair shall also consult with the +Executive Director regarding the time and location of meetings of the +President's Board of Advisors, which shall take place not less +frequently than once every 6 months. Members of the President's Board +of Advisors shall serve without compensation, but shall be reimbursed +for travel expenses, including per diem in lieu of subsistence, as +authorized by law. Insofar as the Federal Advisory Committee Act (5 +U.S.C. App.) may apply to the Board, any functions of the President +under such Act, except for those of reporting to the Congress, shall be +performed by the Chair, in accordance with guidelines issued by the +Administrator of General Services. + (c) Mission and Functions.--The President's Board of Advisors shall +advise the President, through the White House Initiative, on all +matters pertaining to strengthening the educational capacity of HBCUs. +In particular, the President's Board of Advisors shall advise the +President in the following areas: + (1) Improving the identity, visibility, distinctive + capabilities, and overall competitiveness of HBCUs. + (2) Engaging the philanthropic, business, government, + military, homeland-security, and education communities in a + national dialogue regarding new HBCU programs and initiatives. + (3) Improving the ability of HBCUs to remain fiscally + secure institutions that can assist the Nation in achieving its + educational goals and in advancing the interests of all + Americans. + (4) Elevating the public awareness of, and fostering + appreciation of, HBCUs. + (5) Encouraging public-private investments in HBCUs. + (6) Improving government-wide strategic planning related to + HBCU competitiveness to align Federal resources and provide the + context for decisions about HBCU partnerships, investments, + performance goals, priorities, human capital development and + budget planning. + (d) Report.--The President's Board of Advisors shall report +annually to the President on the Board's progress in carrying out its +duties under this section. + + Passed the Senate February 12, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 461 + +_______________________________________________________________________ + + AN ACT + + To strengthen the capacity and competitiveness of historically Black +colleges and universities through robust public-sector, private-sector, + and community partnerships and engagement, and for other purposes. From f70ff25dc276c4931c73458d619ef82fda01d9e8 Mon Sep 17 00:00:00 2001 From: "Sen. Scott, Tim [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 725/984] Senate-461: Enrolled --- bills_text/Senate-461.txt | 417 ++++++++++++++++++++------------------ 1 file changed, 221 insertions(+), 196 deletions(-) diff --git a/bills_text/Senate-461.txt b/bills_text/Senate-461.txt index d6a1dd5..997513b 100644 --- a/bills_text/Senate-461.txt +++ b/bills_text/Senate-461.txt @@ -1,231 +1,256 @@ -116th CONGRESS - 1st Session - S. 461 + S.461 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To strengthen the capacity and competitiveness of historically Black + To strengthen the capacity and competitiveness of historically Black colleges and universities through robust public-sector, private-sector, and community partnerships and engagement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``HBCU Propelling Agency Relationships Towards a New Era of Results for Students Act'' or the ``HBCU PARTNERS Act''. - SEC. 2. FINDINGS AND PURPOSES. - (a) Findings.--Congress finds the following: - (1) As many colleges and universities across the country - kept their doors closed to African American applicants, - historically Black colleges and universities (referred to in - this section as ``HBCUs'') played a central role in ensuring - that African Americans could attain an excellent education. - (2) Today, HBCUs continue to play a critical role in - ensuring that African Americans, and those of all races, can - access high-quality educational opportunities. - (3) HBCUs enroll nearly 300,000 students, an estimated 70 - percent of whom come from low-income backgrounds and 80 percent - of whom are African American. - (4) According to the National Association For Equal - Opportunity In Higher Education, HBCUs make up just 3 percent - of American institutions of higher education but serve more - than a fifth of African American college students. - (5) A March 2017 report from the Education Trust concluded - that HBCUs have higher completion rates for African American - students than other institutions serving similar student - populations. - (6) In 2014, HBCUs generated a total direct economic impact - of $14,800,000,000 and created more than 134,000 jobs, - according to a study commissioned by the United Negro College - Fund (referred to in this section as ``UNCF''). - (7) According to the Thurgood Marshall College Fund - (referred to in this section as ``TMCF''), 40 percent of - African American Members of Congress, 50 percent of African - American lawyers, and 80 percent of African American judges are - graduates of HBCUs. - (8) According to UNCF, in 2013, HBCUs awarded a quarter of - all science, technology, engineering, and mathematics - bachelor's degrees awarded to African Americans. - (9) According to TMCF, approximately 9 percent of all - African American college students attend HBCUs. - (10) According to UNCF, African American graduates of HBCUs - are almost twice as likely as African Americans who graduated - from other institutions to report that their university - prepared them well for life. + (1) As many colleges and universities across the country kept + their doors closed to African American applicants, historically + Black colleges and universities (referred to in this section as + ``HBCUs'') played a central role in ensuring that African Americans + could attain an excellent education. + (2) Today, HBCUs continue to play a critical role in ensuring + that African Americans, and those of all races, can access high- + quality educational opportunities. + (3) HBCUs enroll nearly 300,000 students, an estimated 70 + percent of whom come from low-income backgrounds and 80 percent of + whom are African American. + (4) According to the National Association For Equal Opportunity + In Higher Education (referred to in this section as ``NAFEO''), + HBCUs make up just 3 percent of American institutions of higher + education but serve more than a fifth of African American college + students. + (5) According to the Thurgood Marshall College Fund (referred + to in this section as ``TMCF''), approximately 9 percent of all + African American college students attend HBCUs. + (6) A March 2017 report from the Education Trust concluded that + HBCUs have higher completion rates for African American students + than other institutions serving similar student populations. + (7) According to TMCF, 40 percent of African American Members + of Congress, 50 percent of African American lawyers, and 80 percent + of African American judges are graduates of HBCUs. + (8) According to NAFEO, HBCUs graduate approximately 50 percent + of African American public school teaching professionals. + (9) According to the United Negro College Fund (referred to in + this section as ``UNCF''), African American graduates of HBCUs are + almost twice as likely as African Americans who graduated from + other institutions to report that their university prepared them + well for life. + (10) According to a study commissioned by UNCF, in 2014, HBCUs + generated a total direct economic impact of $14,800,000,000 and + created more than 134,000 jobs. + (11) According to a 2019 report produced by the American + Council on Education and UNCF, despite efforts to counter a + historical legacy of inequitable funding and notable investments by + the Federal Government and many State governments, resource + inequities continue to plague HBCUs. (b) Purposes.--The purposes of this Act are-- - (1) to strengthen the capacity and competitiveness of HBCUs - to fulfill their principal mission of equalizing educational - opportunity, as described in section 301(b) of the Higher - Education Act of 1965 (20 U.S.C. 1051(b)); - (2) to align HBCUs with the educational and economic - competitiveness priorities of the United States; - (3) to provide students enrolled at HBCUs with the highest - quality educational and economic opportunities; - (4) to bolster and facilitate productive interactions - between HBCUs and Federal agencies; and - (5) to encourage HBCU participation in and benefit from - Federal programs, grants, contracts, and cooperative - agreements. - + (1) to strengthen the capacity and competitiveness of HBCUs to + fulfill their principal mission of equalizing educational + opportunity, as described in section 301(b) of the Higher Education + Act of 1965 (20 U.S.C. 1051(b)); + (2) to align HBCUs with the educational and economic + competitiveness priorities of the United States; + (3) to provide students enrolled at HBCUs with the highest + quality educational and economic opportunities; + (4) to bolster and facilitate productive interactions between + HBCUs and Federal agencies; and + (5) to encourage HBCU participation in and benefit from Federal + programs, grants, contracts, and cooperative agreements. SEC. 3. DEFINITIONS. - In this Act: - (1) Applicable agency.--The term ``applicable agency'' - means any Federal agency designated by the Secretary, in - accordance with section 4. - (2) Executive director.--The term ``Executive Director'' - means-- - (A) the Executive Director of the White House - Initiative on Historically Black Colleges and - Universities, as designated by the President; or - (B) if no such Executive Director is designated, - such person as the President may designate to lead the - White House Initiative on Historically Black Colleges - and Universities. - (3) HBCU.--The term ``HBCU'' means a historically Black - college or university. - (4) Historically black college or university.--The term - ``historically Black college or university'' has the meaning - given the term ``part B institution'' under section 322 of the - Higher Education Act of 1965 (20 U.S.C. 1061). - (5) President's board of advisors.--The term ``President's - Board of Advisors'' means the President's Board of Advisors on - historically Black colleges and universities. - (6) Secretary.--Except as otherwise provided, the term - ``Secretary'' means the Secretary of Education. - (7) White house initiative.--The term ``White House - Initiative'' means the White House Initiative on historically - Black colleges and universities. - + (1) Applicable agency.--The term ``applicable agency'' means-- + (A) the Department of Agriculture; + (B) the Department of Commerce; + (C) the Department of Defense; + (D) the Department of Education; + (E) the Department of Energy; + (F) the Department of Health and Human Services; + (G) the Department of Homeland Security; + (H) the Department of Housing and Urban Development; + (I) the Department of the Interior; + (J) the Department of Justice; + (K) the Department of Labor; + (L) the Department of State; + (M) the Department of Transportation; + (N) the Department of Treasury; + (O) the Department of Veterans Affairs; + (P) the National Aeronautics and Space Administration; + (Q) the National Oceanic and Atmospheric Administration; + (R) the National Science Foundation; + (S) the Small Business Administration; and + (T) any other Federal agency designated as an applicable + agency under section 4. + (2) Executive director.--The term ``Executive Director'' + means-- + (A) the Executive Director of the White House Initiative on + Historically Black Colleges and Universities, as designated by + the President; or + (B) if no such Executive Director is designated, such + person as the President may designate to lead the White House + Initiative on Historically Black Colleges and Universities. + (3) HBCU.--The term ``HBCU'' means a historically Black college + or university. + (4) Historically black college or university.--The term + ``historically Black college or university'' has the meaning given + the term ``part B institution'' under section 322 of the Higher + Education Act of 1965 (20 U.S.C. 1061). + (5) President's board of advisors.--The term ``President's + Board of Advisors'' means the President's Board of Advisors on + historically Black colleges and universities. + (6) Secretary.--Except as otherwise provided, the term + ``Secretary'' means the Secretary of Education. + (7) White house initiative.--The term ``White House + Initiative'' means the White House Initiative on historically Black + colleges and universities. SEC. 4. STRENGTHENING HBCUS THROUGH FEDERAL AGENCY PLANS. - (a) Designating Applicable Agencies.--The Secretary, in -consultation with the Executive Director, shall identify those Federal -agencies that regularly interact with HBCUs and designate them as -applicable agencies. +consultation with the Executive Director, shall-- + (1) identify each Federal agency with which an HBCU-- + (A) has entered into a grant, contract, or cooperative + agreement; or + (B) is eligible to participate in the programs and + initiatives under the jurisdiction of such Federal agency; and + (2) designate each Federal agency so identified as an + applicable agency. (b) Submitting Agency Plans.--Not later than February 1 of each -year, the head of each applicable agency shall submit to the Secretary -and the Executive Director an annual Agency Plan describing efforts to -strengthen the capacity of HBCUs to participate in relevant Federal -programs and initiatives under the jurisdiction of the applicable -agency. +year, the head of each applicable agency shall submit to the Secretary, +the Executive Director, the Committee on Health, Education, Labor, and +Pensions of the Senate, the Committee on Education and Labor of the +House of Representatives, and the President's Board of Advisors an +annual Agency Plan describing efforts to strengthen the capacity of +HBCUs to participate or be eligible to participate in the programs and +initiatives under the jurisdiction of such applicable agency as +described in subsection (a)(1)(B). (c) Further Requirements for Submission and Accessibility.--The -head of each applicable agency shall submit each annual Agency Plan -described in subsection (b) to the Committee on Health, Education, -Labor, and Pensions of the Senate and the Committee on Education and -Labor of the House of Representatives. - (d) Agency Plan Content.--Where appropriate, each Agency Plan -shall, among other things-- - (1) establish how the applicable agency intends to increase - the capacity of HBCUs to compete effectively for grants, - contracts, or cooperative agreements; - (2) identify Federal programs and initiatives under the - jurisdiction of the applicable agency where HBCUs are not well- - represented; - (3) outline proposed efforts to improve HBCUs' - participation in such programs and initiatives in which they - are underrepresented; - (4) describe any progress made towards advancing or - achieving goals and efforts from previous Agency Plans; - (5) encourage public-sector, private-sector, and community - involvement in improving the capacity of HBCUs; and - (6) meet, where relevant, any additional criteria - established by the Secretary or the White House Initiative. +Executive Director shall make all annual Agency Plan submissions +publicly available online in a user-friendly format. + (d) Agency Plan Content.--Where appropriate, each Agency Plan shall +include-- + (1) a description of how the applicable agency intends to + increase the capacity of HBCUs to compete effectively for grants, + contracts, or cooperative agreements; + (2) an identification of Federal programs and initiatives under + the jurisdiction of the applicable agency in which HBCUs are + underrepresented; + (3) an outline of proposed efforts to improve HBCUs' + participation in such programs and initiatives; + (4) a description of any progress made towards advancing or + achieving goals and efforts from previous Agency Plans submitted + under this section by such applicable agency; + (5) a description of how the applicable agency plans to + encourage public-sector, private-sector, and community involvement + to improve the capacity of HBCUs to compete effectively for grants, + contracts, or cooperative agreements, and to participate in + programs and initiatives under the jurisdiction of such agency; + (6) an identification of programs and initiatives not listed in + a previous Agency Plan in which an HBCU may participate; + (7) any other information the applicable agency determines is + relevant to promoting opportunities to fund, partner, contract, or + otherwise interact with HBCUs; and + (8) any additional criteria established by the Secretary or the + White House Initiative. (e) Agency Engagement.--To help fulfill the objectives of the Agency Plans, the head of each applicable agency-- - (1) may provide, as appropriate, technical assistance and - information to the Executive Director to enhance communication - with HBCUs concerning the applicable agency's program - activities and the preparation of applications or proposals for + (1) shall provide, as appropriate, technical assistance and + information to the Executive Director to enhance communication with + HBCUs concerning the applicable agency's-- + (A) programs and initiatives described in subsection + (d)(2); and + (B) the preparation of applications or proposals for grants, contracts, or cooperative agreements; and - (2) shall appoint a senior official to report directly to - the agency head on the applicable agency's progress under this - section. - + (2) shall appoint a senior official to report directly to the + agency head on the applicable agency's progress under this section. SEC. 5. PRESIDENT'S BOARD OF ADVISORS ON HBCUS. - (a) Administration.-- - (1) In general.--There is established the President's Board - of Advisors on historically Black colleges and universities in - the Department of Education or, if the President so elects, - within the Executive Office of the President. - (2) Funding from ed.--Except as provided in paragraph (3), - the Secretary shall provide funding and administrative support - for the President's Board of Advisors, subject to the - availability of appropriations. - (3) Funding from the executive office of the president.--If - the President elects to locate the President's Board of - Advisors within the Executive Office of the President, the - Executive Office of the President shall provide funding and - administrative support for the President's Board of Advisors, - subject to the availability of appropriations. - (b) Membership.--The President shall appoint not more than 23 -members to the President's Board of Advisors, and the Secretary and -Executive Director or their designees shall serve as ex officio -members. The President shall designate one member of the President's -Board of Advisors to serve as its Chair, who shall help direct the -Board's work in coordination with the Secretary and in consultation -with the Executive Director. The Chair shall also consult with the -Executive Director regarding the time and location of meetings of the -President's Board of Advisors, which shall take place not less -frequently than once every 6 months. Members of the President's Board -of Advisors shall serve without compensation, but shall be reimbursed -for travel expenses, including per diem in lieu of subsistence, as -authorized by law. Insofar as the Federal Advisory Committee Act (5 -U.S.C. App.) may apply to the Board, any functions of the President -under such Act, except for those of reporting to the Congress, shall be -performed by the Chair, in accordance with guidelines issued by the -Administrator of General Services. + (1) In general.--There is established the President's Board of + Advisors on historically Black colleges and universities in the + Department of Education or, if the President so elects, within the + Executive Office of the President. + (2) Funding from ed.--Except as provided in paragraph (3), the + Secretary shall provide funding and administrative support for the + President's Board of Advisors, subject to the availability of + appropriations. + (3) Funding from the executive office of the president.--If the + President elects to locate the President's Board of Advisors within + the Executive Office of the President, the Executive Office of the + President shall provide funding and administrative support for the + President's Board of Advisors, subject to the availability of + appropriations. + (b) Membership.-- + (1) In general.--The President shall appoint not more than 23 + members to the President's Board of Advisors, and the Secretary and + Executive Director or their designees shall serve as ex officio + members. + (2) Chair.-- + (A) Designation.--The President shall designate one member + of the President's Board of Advisors to serve as its Chair, who + shall help direct the Board's work in coordination with the + Secretary and in consultation with the Executive Director. + (B) Consultation.--The Chair shall also consult with the + Executive Director regarding the time and location of meetings + of the President's Board of Advisors, which shall take place + not less frequently than once every 6 months. + (C) Performance.--Insofar as the Federal Advisory Committee + Act (5 U.S.C. App.) may apply to the President's Board of + Advisors, any functions of the President under such Act, except + for those of reporting to the Congress, shall be performed by + the Chair, in accordance with guidelines issued by the + Administrator of General Services. + (3) Compensation.--Members of the President's Board of Advisors + shall serve without compensation, but shall be reimbursed for + travel expenses, including per diem in lieu of subsistence, as + authorized by law. (c) Mission and Functions.--The President's Board of Advisors shall advise the President, through the White House Initiative, on all -matters pertaining to strengthening the educational capacity of HBCUs. -In particular, the President's Board of Advisors shall advise the -President in the following areas: - (1) Improving the identity, visibility, distinctive - capabilities, and overall competitiveness of HBCUs. - (2) Engaging the philanthropic, business, government, - military, homeland-security, and education communities in a - national dialogue regarding new HBCU programs and initiatives. - (3) Improving the ability of HBCUs to remain fiscally - secure institutions that can assist the Nation in achieving its - educational goals and in advancing the interests of all - Americans. - (4) Elevating the public awareness of, and fostering - appreciation of, HBCUs. - (5) Encouraging public-private investments in HBCUs. - (6) Improving government-wide strategic planning related to - HBCU competitiveness to align Federal resources and provide the - context for decisions about HBCU partnerships, investments, - performance goals, priorities, human capital development and - budget planning. +matters pertaining to strengthening the educational capacity of HBCUs, +which shall include the following: + (1) Improving the identity, visibility, distinctive + capabilities, and overall competitiveness of HBCUs. + (2) Engaging the philanthropic, business, government, military, + homeland-security, and education communities in a national dialogue + regarding new HBCU programs and initiatives. + (3) Improving the ability of HBCUs to remain fiscally secure + institutions that can assist the Nation in achieving its + educational goals and in advancing the interests of all Americans. + (4) Elevating the public awareness of, and fostering + appreciation of, HBCUs. + (5) Encouraging public-private investments in HBCUs. + (6) Improving government-wide strategic planning related to + HBCU competitiveness to align Federal resources and provide the + context for decisions about HBCU partnerships, investments, + performance goals, priorities, human capital development, and + budget planning. (d) Report.--The President's Board of Advisors shall report annually to the President on the Board's progress in carrying out its duties under this section. - Passed the Senate February 12, 2019. - - Attest: - - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - S. 461 - -_______________________________________________________________________ - - AN ACT - - To strengthen the capacity and competitiveness of historically Black -colleges and universities through robust public-sector, private-sector, - and community partnerships and engagement, and for other purposes. + Vice President of the United States and + President of the Senate. From 2026520e99cd50b54ff5cb930fef5ea2ed6b3476 Mon Sep 17 00:00:00 2001 From: "Sen. Roberts, Pat [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 726/984] Senate-483: Engrossed in Senate --- bills_text/Senate-483.txt | 38 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 38 insertions(+) create mode 100644 bills_text/Senate-483.txt diff --git a/bills_text/Senate-483.txt b/bills_text/Senate-483.txt new file mode 100644 index 0000000..abd7458 --- /dev/null +++ b/bills_text/Senate-483.txt @@ -0,0 +1,38 @@ +116th CONGRESS + 1st Session + S. 483 + +_______________________________________________________________________ + + AN ACT + + + + To enact into law a bill by reference. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + Section 1. (a) H.R. 1029 of the 115th Congress, as passed by the +Senate on June 28, 2018, is enacted into law. + (b) In publishing this Act in slip form and in the United States +Statutes at Large pursuant to section 112 of title 1, United States +Code, the Archivist of the United States shall include after the date +of approval at the end an appendix setting forth the text of the bill +referred to in subsection (a). + + Passed the Senate February 14, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 483 + +_______________________________________________________________________ + + AN ACT + + To enact into law a bill by reference. From 77c50fae07b325a6f2b52ddc43f42925edd53cde Mon Sep 17 00:00:00 2001 From: "Sen. Roberts, Pat [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 727/984] Senate-483: Enrolled --- bills_text/Senate-483.txt | 2646 ++++++++++++++++++++++++++++++++++++- 1 file changed, 2625 insertions(+), 21 deletions(-) diff --git a/bills_text/Senate-483.txt b/bills_text/Senate-483.txt index abd7458..ce7f1fa 100644 --- a/bills_text/Senate-483.txt +++ b/bills_text/Senate-483.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 483 + S.483 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -12,27 +21,2622 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - Section 1. (a) H.R. 1029 of the 115th Congress, as passed by the -Senate on June 28, 2018, is enacted into law. - (b) In publishing this Act in slip form and in the United States -Statutes at Large pursuant to section 112 of title 1, United States -Code, the Archivist of the United States shall include after the date -of approval at the end an appendix setting forth the text of the bill -referred to in subsection (a). +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + (a) Short Title.--This Act may be cited as the ``Pesticide +Registration Improvement Extension Act of 2018''. + (b) Table of Contents.--The table of contents for this Act is as +follows: - Passed the Senate February 14, 2019. +Sec. 1. Short title; table of contents. +Sec. 2. Extension and modification of maintenance fee authority. +Sec. 3. Reregistration and Expedited Processing Fund. +Sec. 4. Experimental use permits for pesticides. +Sec. 5. Pesticide registration service fees. +Sec. 6. Revision of tables regarding covered pesticide registration + applications and other covered actions and their corresponding + registration service fees. +Sec. 7. Agricultural worker protection standard; certification of + pesticide applicators. +SEC. 2. EXTENSION AND MODIFICATION OF MAINTENANCE FEE AUTHORITY. + (a) Maintenance Fee.--Section 4(i)(1) of the Federal Insecticide, +Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(1)) is amended-- + (1) in subparagraph (C), by striking ``an aggregate amount of + $27,800,000 for each of fiscal years 2013 through 2017'' and + inserting ``an average amount of $31,000,000 for each of fiscal + years 2019 through 2023''; + (2) in subparagraph (D)-- + (A) in clause (i), by striking ``$115,500 for each of + fiscal years 2013 through 2017'' and inserting ``$129,400 for + each of fiscal years 2019 through 2023''; and + (B) in clause (ii), by striking ``$184,800 for each of + fiscal years 2013 through 2017'' and inserting ``$207,000 for + each of fiscal years 2019 through 2023''; + (3) in subparagraph (E)(i)-- + (A) in subclause (I), by striking ``$70,600 for each of + fiscal years 2013 through 2017'' and inserting ``$79,100 for + each of fiscal years 2019 through 2023''; and + (B) in subclause (II), by striking ``$122,100 for each of + fiscal years 2013 through 2017'' and inserting ``$136,800 for + each of fiscal years 2019 through 2023''; and + (4) in subparagraph (I), by striking ``2017..'' and inserting + ``2023.''. + (b) Prohibition on Other Fees.--Section 4(i)(2) of the Federal +Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(2)) is +amended-- + (1) by striking ``the date of enactment of this section and + ending on September 30, 2019'' and inserting ``the effective date + of the Pesticide Registration Improvement Extension Act of 2018 and + ending on September 30, 2025''; and + (2) by inserting after ``registration of a pesticide under this + Act'' the following: ``or any other action covered under a table + specified in section 33(b)(3),''. + (c) Extension of Prohibition on Tolerance Fees.--Section 408(m)(3) +of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) is +amended by striking ``2017'' and inserting ``2023''. +SEC. 3. REREGISTRATION AND EXPEDITED PROCESSING FUND. + (a) Authorized Use of Fund.--Section 4(k)(2)(A) of the Federal +Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(k)(2)(A)) +is amended-- + (1) in the first sentence, by striking ``the fund'' and + inserting ``the Reregistration and Expedited Processing Fund''; + (2) by striking ``paragraph (3),'' in the first sentence and + all that follows through the period at the end of the second + sentence and inserting the following: ``paragraph (3), to offset + the costs of registration review under section 3(g), including the + costs associated with any review under the Endangered Species Act + of 1973 (16 U.S.C. 1531 et seq.) required as part of the + registration review, to offset the costs associated with tracking + and implementing registration review decisions, including + registration review decisions designed to reduce risk, for the + purposes specified in paragraphs (4) and (5), and to enhance the + information systems capabilities to improve the tracking of + pesticide registration decisions.''; + (3) in clause (i), by striking ``are allocated solely'' and all + that follows through ``3(g);'' and inserting the following: ``are + allocated solely for the purposes specified in the first sentence + of this subparagraph;''; and + (4) in clause (ii), by striking ``necessary to achieve'' and + all that follows through ``3(g);'' and inserting the following: + ``necessary to achieve the purposes specified in the first sentence + of this subparagraph;''. + (b) Set-Aside for Review of Inert Ingredients and Expedited +Processing of Similar Applications.--Section 4(k)(3)(A) of the Federal +Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(k)(3)(A)) +is amended, in the matter preceding clause (i), by striking ``The +Administrator shall use'' and all that follows through ``personnel and +resources--'' and inserting the following: ``For each of fiscal years +2018 through 2023, the Administrator shall use between \1/9\ and \1/8\ +of the maintenance fees collected in such fiscal year to obtain +sufficient personnel and resources--''. + (c) Set-Aside for Expedited Rulemaking and Guidance Development for +Certain Purposes.--Paragraph (4) of section 4(k) of the Federal +Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(k)) is +amended to read as follows: + ``(4) Expedited rulemaking and guidance development for certain + product performance data requirements.-- + ``(A) Set-aside.--For each of fiscal years 2018 through + 2023, the Administrator shall use not more than $500,000 of the + amounts made available to the Administrator in the + Reregistration and Expedited Processing Fund for the activities + described in subparagraph (B). + ``(B) Products claiming efficacy against invertebrate pests + of significant public health or economic importance.--The + Administrator shall use amounts made available under + subparagraph (A) to develop, receive comments with respect to, + finalize, and implement the necessary rulemaking and guidance + for product performance data requirements to evaluate products + claiming efficacy against the following invertebrate pests of + significant public health or economic importance (in order of + importance): + ``(i) Bed bugs. + ``(ii) Premise (including crawling insects, flying + insects, and baits). + ``(iii) Pests of pets (including pet pests controlled + by spot-ons, collars, shampoos, powders, or dips). + ``(iv) Fire ants. + ``(C) Deadlines for guidance.--The Administrator shall + develop, and publish guidance required by subparagraph (B), + with respect to claims of efficacy against pests described in + such subparagraph as follows: + ``(i) With respect to bed bugs, issue final guidance + not later than 30 days after the effective date of the + Pesticide Registration Improvement Extension Act of 2018. + ``(ii) With respect to pests specified in clause (ii) + of such subparagraph-- - Attest: + ``(I) submit draft guidance to the Scientific + Advisory Panel and for public comment not later than + June 30, 2018; and + ``(II) complete any response to comments received + with respect to such draft guidance and finalize the + guidance not later than September 30, 2019. - Secretary. -116th CONGRESS + ``(iii) With respect to pests specified in clauses + (iii) and (iv) of such subparagraph-- - 1st Session + ``(I) submit draft guidance to the Scientific + Advisory Panel and for public comment not later than + June 30, 2019; and + ``(II) complete any response to comments received + with respect to such draft guidance and finalize the + guidance not later than March 31, 2021. - S. 483 + ``(D) Revision.--The Administrator shall revise the + guidance required by subparagraph (B) from time to time, but + shall permit applicants and registrants sufficient time to + obtain data that meet the requirements specified in such + revised guidance. + ``(E) Deadline for product performance data requirements.-- + The Administrator shall, not later than September 30, 2021, + issue regulations prescribing product performance data + requirements for any pesticide intended for preventing, + destroying, repelling, or mitigating any invertebrate pest of + significant public health or economic importance specified in + clauses (i) through (iv) of subparagraph (B).''. + (d) Set-Aside for Good Laboratory Practices Inspections.--Section +4(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 +U.S.C. 136a-1(k)) is amended-- + (1) by redesignating paragraphs (5) and (6) as paragraphs (6) + and (7), respectively; + (2) by inserting after paragraph (4) the following new + paragraph: + ``(5) Good laboratory practices inspections.-- + ``(A) Set-aside.--For each of fiscal years 2018 through + 2023, the Administrator shall use not more than $500,000 of the + amounts made available to the Administrator in the + Reregistration and Expedited Processing Fund for the activities + described in subparagraph (B). + ``(B) Activities.--The Administrator shall use amounts made + available under subparagraph (A) for enhancements to the good + laboratory practices standards compliance monitoring program + established under part 160 of title 40 of the Code of Federal + Regulations (or successor regulations), with respect to + laboratory inspections and data audits conducted in support of + pesticide product registrations under this Act. As part of such + monitoring program, the Administrator shall make available to + each laboratory inspected under such program in support of such + registrations a preliminary summary of inspection observations + not later than 60 days after the date on which such an + inspection is completed.''; and + (3) in paragraph (7), as so redesignated, by striking + ``paragraphs (2), (3), and (4)'' and inserting ``paragraphs (2), + (3), (4), and (5)''. +SEC. 4. EXPERIMENTAL USE PERMITS FOR PESTICIDES. + Section 5(a) of the Federal Insecticide, Fungicide, and Rodenticide +Act (7 U.S.C. 136c(a)) is amended-- + (1) by striking ``permit for a pesticide.'' and inserting + ``permit for a pesticide. An application for an experimental use + permit for a covered application under section 33(b) shall conform + with the requirements of that section.''; and + (2) by inserting ``(or in the case of an application for an + experimental use permit for a covered application under section + 33(b), not later than the last day of the applicable timeframe for + such application specified in such section)'' after ``all required + supporting data''. +SEC. 5. PESTICIDE REGISTRATION SERVICE FEES. + (a) Extension and Modification of Fee Authority.--Section 33(b) of +the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w- +8(b)) is amended-- + (1) in paragraph (2)-- + (A) in the heading, by striking ``pesticide registration''; + and + (B) in subparagraph (A), by inserting ``or for any other + action covered by a table specified in paragraph (3)'' after + ``covered by this Act that is received by the Administrator on + or after the effective date of the Pesticide Registration + Improvement Act of 2003''; + (2) in paragraph (5)-- + (A) in the heading, by striking ``pesticide registration + applications'' and inserting ``covered applications''; and + (B) by striking ``pesticide registration application'' both + places it appears and inserting ``covered application''; + (3) in paragraph (6)-- + (A) in subparagraph (A)-- + (i) by striking ``pesticide registration''; and + (ii) by striking ``October 1, 2013, and ending on + September 30, 2015'' and inserting ``October 1, 2019, and + ending on September 30, 2021''; + (B) in subparagraph (B)-- + (i) by striking ``pesticide registration''; and + (ii) by striking ``2015'' each place it appears and + inserting ``2021''; and + (C) in subparagraph (C), by striking ``revised registration + service fee schedules'' and inserting ``service fee schedules + revised pursuant to this paragraph''; + (4) in paragraph (7)-- + (A) in subparagraph (A)-- + (i) by striking ``covered pesticide registration'' and + inserting ``covered application''; and + (ii) by inserting before the period at the end the + following: ``, except that no waiver or fee reduction shall + be provided in connection with a request for a letter of + certification (commonly referred to as a Gold Seal + letter)''; and + (B) in subparagraph (F)(i), by striking ``pesticide + registration''; and + (5) in paragraph (8)-- + (A) in subparagraph (A), by striking ``pesticide + registration''; + (B) in subparagraph (B)(i), by striking ``pesticide + registration''; and + (C) in subparagraph (C)-- + (i) in clause (i), by striking ``pesticide + registration'' and inserting ``covered''; and + (ii) in clause (ii)(I), by striking ``pesticide + registration'' and inserting ``covered''. + (b) Pesticide Registration Fund Set-Asides for Worker Protection, +Partnership Grants, and Pesticide Safety Education.--Section +33(c)(3)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act +(7 U.S.C. 136w-8(c)(3)(B)) is amended-- + (1) in the heading, by inserting ``, partnership grants, and + pesticide safety education'' after ``Worker protection''; + (2) in clause (i)-- + (A) by striking ``2017'' and inserting ``2023''; and + (B) by inserting before the period at the end the + following:``, with an emphasis on field-worker populations in + the United States''; + (3) in clause (ii), by striking ``2017'' and inserting + ``2023''; and + (4) in clause (iii), by striking ``2017'' and inserting + ``2023''. + (c) Reforms To Reduce Decision Time Review Periods.--Section 33(e) +of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. +136w-8(e)) is amended-- + (1) by striking ``Pesticide Registration Improvement Extension + Act of 2012'' and inserting ``Pesticide Registration Improvement + Extension Act of 2018''; and + (2) by inserting at the end the following new sentence: ``Such + reforms shall include identifying opportunities for streamlining + review processes for applications for a new active ingredient or a + new use and providing prompt feedback to applicants during such + review process.''. + (d) Decision Time Review Periods.--Section 33(f) of the Federal +Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(f)) is +amended-- + (1) in paragraph (1)-- + (A) by striking ``Pesticide Registration Improvement + Extension Act of 2012'' and inserting ``Pesticide Registration + Improvement Extension Act of 2018''; and + (B) by inserting after ``covered pesticide registration + actions'' the following: ``or for any other action covered by a + table specified in subsection (b)(3)''; + (2) in paragraph (3), by striking subparagraph (C) and + inserting the following new subparagraph: + ``(C) applications for any other action covered by a table + specified in subsection (b)(3).''; and + (3) in paragraph (4)(A)-- + (A) by striking ``a pesticide registration application'' + and inserting ``a covered application''; and + (B) by striking ``covered pesticide registration + application'' and inserting ``covered application''. + (e) Reporting Requirements.--Section 33(k) of the Federal +Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(k)) is +amended-- + (1) in paragraph (1) by striking ``2017'' and inserting + ``2023''; and + (2) in paragraph (2)-- + (A) in subparagraph (D), by striking clause (i) and + inserting the following new clause: + ``(i) the number of pesticides or pesticide cases + reviewed and the number of registration review decisions + completed, including-- -_______________________________________________________________________ + ``(I) the number of cases cancelled; + ``(II) the number of cases requiring risk + mitigation measures; + ``(III) the number of cases removing risk + mitigation measures; + ``(IV) the number of cases with no risk mitigation + needed; and + ``(V) the number of cases in which risk mitigation + has been fully implemented;''; - AN ACT + (B) in subparagraph (G)-- + (i) in clause (i)-- - To enact into law a bill by reference. + (I) by striking ``section 4(k)(4)'' and inserting + ``paragraphs (4) and (5) of section 4(k)''; and + (II) by striking ``that section'' and inserting + ``such paragraphs''; + + (ii) by striking clauses (ii), (iii), (iv), (v), and + (vi); + (iii) by inserting after clause (i) the following new + clause: + ``(ii) implementing enhancements to-- + + ``(I) the electronic tracking of covered + applications; + ``(II) the electronic tracking of conditional + registrations; + ``(III) the endangered species database; + ``(IV) the electronic review of labels submitted + with covered applications; and + ``(V) the electronic review and assessment of + confidential statements of formula submitted with + covered applications; and''; and + + (iv) by redesignating clause (vii) as clause (iii); + (C) in subparagraph (I), by striking ``and'' at the end; + (D) in subparagraph (J), by striking the period at the end + and inserting a semicolon; and + (E) by adding at the end the following new subparagraphs: + ``(K) a review of the progress made in developing, + updating, and implementing product performance test guidelines + for pesticide products that are intended to control + invertebrate pests of significant public health importance and, + by regulation, prescribing product performance data + requirements for such pesticide products registered under + section 3; + ``(L) a review of the progress made in the priority review + and approval of new pesticides to control invertebrate public + health pests that may transmit vector-borne disease for use in + the United States, including each territory or possession of + the United States, and United States military installations + globally; + ``(M) a review of the progress made in implementing + enhancements to the good laboratory practices standards + compliance monitoring program established under part 160 of + title 40 of the Code of Federal Regulations (or successor + regulations); + ``(N) the number of approvals for active ingredients, new + uses, and pesticide end use products granted in connection with + the Design for the Environment program (or any successor + program) of the Environmental Protection Agency; and + ``(O) with respect to funds in the Pesticide Registration + Fund reserved under subsection (c)(3), a review that includes-- + ``(i) a description of the amount and use of such + funds-- + + ``(I) to carry out activities relating to worker + protection under clause (i) of subsection (c)(3)(B); + ``(II) to award partnership grants under clause + (ii) of such subsection; and + ``(III) to carry out the pesticide safety education + program under clause (iii) of such subsection; + + ``(ii) an evaluation of the appropriateness and + effectiveness of the activities, grants, and program + described in clause (i); + ``(iii) a description of how stakeholders are engaged + in the decision to fund such activities, grants, and + program; and + ``(iv) with respect to activities relating to worker + protection carried out under subparagraph (B)(i) of such + subsection, a summary of the analyses from stakeholders, + including from worker community-based organizations, on the + appropriateness and effectiveness of such activities.''. + (f) Termination of Effectiveness.--Section 33(m) of the Federal +Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(m)) is +amended-- + (1) in paragraph (1), by striking ``2017'' and inserting + ``2023''; and + (2) in paragraph (2)-- + (A) in subparagraph (A)-- + (i) by striking ``Fiscal year 2018.--During fiscal year + 2018'' and inserting ``Fiscal year 2024.--During fiscal + year 2024''; and + (ii) by striking ``2017'' and inserting ``2023''; + (B) in subparagraph (B)-- + (i) by striking ``Fiscal year 2019.--During fiscal year + 2019'' and inserting ``Fiscal year 2025.--During fiscal + year 2025''; and + (ii) by striking ``2017'' and inserting ``2023''; + (C) in subparagraph (C), by striking ``September 30, + 2019.--Effective September 30, 2019'' and inserting ``September + 30, 2025.--Effective September 30, 2025''; and + (D) in subparagraph (D), by striking ``2017'' both places + it appears and inserting ``2023''. +SEC. 6. REVISION OF TABLES REGARDING COVERED PESTICIDE REGISTRATION +APPLICATIONS AND OTHER COVERED ACTIONS AND THEIR CORRESPONDING +REGISTRATION SERVICE FEES. + Paragraph (3) of section 33(b) of the Federal Insecticide, +Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)) is amended to read +as follows: + ``(3) Schedule of covered applications and other actions and + their registration service fees.--Subject to paragraph (6), the + schedule of registration applications and other covered actions and + their corresponding registration service fees shall be as follows: + + + ``TABLE 1. -- REGISTRATION DIVISION -- NEW ACTIVE INGREDIENTS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + R010 1 New Active Ingredient, Food use. 24 753,082 + (2)(3) +---------------------------------------------------------------------------------------------------------------- + R020 2 New Active Ingredient, Food use; 18 627,568 + reduced risk. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R040 3 New Active Ingredient, Food use; 18 462,502 + Experimental Use Permit application; + establish temporary tolerance; + submitted before application for + registration; credit 45% of fee + toward new active ingredient + application that follows. (3) +---------------------------------------------------------------------------------------------------------------- + R060 4 New Active Ingredient, Non-food use; 21 523,205 + outdoor. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R070 5 New Active Ingredient, Non-food use; 16 436,004 + outdoor; reduced risk. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R090 6 New Active Ingredient, Non-food use; 16 323,690 + outdoor; Experimental Use Permit + application; submitted before + application for registration; credit + 45% of fee toward new active + ingredient application that follows. + (3) +---------------------------------------------------------------------------------------------------------------- + R110 7 New Active Ingredient, Non-food use; 20 290,994 + indoor. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R120 8 New Active Ingredient, Non-food use; 14 242,495 + indoor; reduced risk. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R121 9 New Active Ingredient, Non-food use; 18 182,327 + indoor; Experimental Use Permit + application; submitted before + application for registration; credit + 45% of fee toward new active + ingredient application that follows. + (3) +---------------------------------------------------------------------------------------------------------------- + R122 10 Enriched isomer(s) of registered mixed- 18 317,128 + isomer active ingredient. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R123 11 New Active Ingredient, Seed treatment 18 471,861 + only; includes agricultural and non- + agricultural seeds; residues not + expected in raw agricultural + commodities. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R125 12 New Active Ingredient, Seed treatment; 16 323,690 + Experimental Use Permit application; + submitted before application for + registration; credit 45% of fee + toward new active ingredient + application that follows. (3) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or + a first food use are covered by the base fee for that new active ingredient or first food use application and + retain the same decision time review period as the new active ingredient or first food use application. The + application must be received by the agency in one package. The base fee for the category covers a maximum of + five new products. Each application for an additional new product registration and new inert approval that is + submitted in the new active ingredient application package or first food use application package is subject to + the registration service fee for a new product or a new inert approval. All such associated applications that + are submitted together will be subject to the new active ingredient or first food use decision review time. In + the case of a new active ingredient application, until that new active ingredient is approved, any subsequent + application for another new product containing the same active ingredient or an amendment to the proposed + labeling will be deemed a new active ingredient application, subject to the registration service fee and + decision review time for a new active ingredient. In the case of a first food use application, until that + first food use is approved, any subsequent application for an additional new food use or uses will be subject + to the registration service fee and decision review time for a first food use. Any information that (a) was + neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's + initiative to support the application after completion of the technical deficiency screening, and (c) is not + itself a covered registration application, must be assessed 25% of the full registration service fee for the + new active ingredient or first food use application. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. + + + + + ``TABLE 2. -- REGISTRATION DIVISION -- NEW USES +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + R130 13 First food use; indoor; food/food 21 191,444 + handling. (2) (3) +---------------------------------------------------------------------------------------------------------------- + R140 14 Additional food use; Indoor; food/food 15 44,672 + handling. (3) (4) +---------------------------------------------------------------------------------------------------------------- + R150 15 First food use. (2)(3) 21 317,104 +---------------------------------------------------------------------------------------------------------------- + R155 16 (new) First food use, Experimental Use 21 264,253 + Permit application; a.i. registered + for non-food outdoor use. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R160 17 First food use; reduced risk. (2)(3) 16 264,253 +---------------------------------------------------------------------------------------------------------------- + R170 18 Additional food use. (3) (4) 15 79,349 +---------------------------------------------------------------------------------------------------------------- + R175 19 Additional food uses covered within a 10 66,124 + crop group resulting from the + conversion of existing approved crop + group(s) to one or more revised crop + groups. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R180 20 Additional food use; reduced risk. 10 66,124 + (3)(4) +---------------------------------------------------------------------------------------------------------------- + R190 21 Additional food uses; 6 or more 15 476,090 + submitted in one application. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R200 22 Additional Food Use; 6 or more 10 396,742 + submitted in one application; Reduced + Risk. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R210 23 Additional food use; Experimental Use 12 48,986 + Permit application; establish + temporary tolerance; no credit toward + new use registration. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R220 24 Additional food use; Experimental Use 6 19,838 + Permit application; crop destruct + basis; no credit toward new use + registration. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R230 25 Additional use; non-food; outdoor. (3) 15 31,713 + (4) +---------------------------------------------------------------------------------------------------------------- + R240 26 Additional use; non-food; outdoor; 10 26,427 + reduced risk. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R250 27 Additional use; non-food; outdoor; 6 19,838 + Experimental Use Permit application; + no credit toward new use + registration. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R251 28 Experimental Use Permit application 8 19,838 + which requires no changes to the + tolerance(s); non-crop destruct + basis. (3) +---------------------------------------------------------------------------------------------------------------- + R260 29 New use; non-food; indoor. (3) (4) 12 15,317 +---------------------------------------------------------------------------------------------------------------- + R270 30 New use; non-food; indoor; reduced 9 12,764 + risk. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R271 31 New use; non-food; indoor; 6 9,725 + Experimental Use Permit application; + no credit toward new use + registration. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R273 32 Additional use; seed treatment; 12 50,445 + limited uptake into Raw Agricultural + Commodities; includes crops with + established tolerances (e.g., for + soil or foliar application); includes + food and/or non-food uses. (3)(4) +---------------------------------------------------------------------------------------------------------------- + R274 33 Additional uses; seed treatment only; 12 302,663 + 6 or more submitted in one + application; limited uptake into raw + agricultural commodities; includes + crops with established tolerances + (e.g., for soil or foliar + application); includes food and/or + non-food uses. (3)(4) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or + a first food use are covered by the base fee for that new active ingredient or first food use application and + retain the same decision time review period as the new active ingredient or first food use application. The + application must be received by the agency in one package. The base fee for the category covers a maximum of + five new products. Each application for an additional new product registration and new inert approval that is + submitted in the new active ingredient application package or first food use application package is subject to + the registration service fee for a new product or a new inert approval. All such associated applications that + are submitted together will be subject to the new active ingredient or first food use decision review time. In + the case of a new active ingredient application, until that new active ingredient is approved, any subsequent + application for another new product containing the same active ingredient or an amendment to the proposed + labeling will be deemed a new active ingredient application, subject to the registration service fee and + decision review time for a new active ingredient. In the case of a first food use application, until that + first food use is approved, any subsequent application for an additional new food use or uses will be subject + to the registration service fee and decision review time for a first food use. Any information that (a) was + neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's + initiative to support the application after completion of the technical deficiency screening, and (c) is not + itself a covered registration application, must be assessed 25% of the full registration service fee for the + new active ingredient or first food use application. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. +(4) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for + the new use(s). All items in the covered application must be submitted together in one package. Each + application for an additional new product registration and new inert approval(s) that is submitted in the new + use application package is subject to the registration service fee for a new product or a new inert approval. + However, if a new use application only proposes to register the new use for a new product and there are no + amendments in the application, then review of one new product application is covered by the new use fee. All + such associated applications that are submitted together will be subject to the new use decision review time. + Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to + submission of the new use application and (b) prior to conclusion of its decision review time and (c) + containing the same new uses, will be deemed a separate new-use application, subject to a separate + registration service fee and new decision review time for a new use. If the new-use application includes non- + food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type + of new use and the longest decision review time applies to all of the new uses requested in the application. + Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the + applicant at the applicant's initiative to support the application after completion of the technical + deficiency screen, and (c) is not itself a covered registration application, must be assessed 25% of the full + registration service fee for the new use application. + + + + + ``TABLE 3. -- REGISTRATION DIVISION -- IMPORT AND OTHER TOLERANCES +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + R280 34 Establish import tolerance; new active 21 319,072 + ingredient or first food use. (2) +---------------------------------------------------------------------------------------------------------------- + R290 35 Establish Import tolerance; Additional 15 63,816 + new food use. +---------------------------------------------------------------------------------------------------------------- + R291 36 Establish import tolerances; 15 382,886 + additional food uses; 6 or more crops + submitted in one petition. +---------------------------------------------------------------------------------------------------------------- + R292 37 Amend an established tolerance (e.g., 11 45,341 + decrease or increase) and/or + harmonize established tolerances with + Codex MRLs; domestic or import; + applicant-initiated. +---------------------------------------------------------------------------------------------------------------- + R293 38 Establish tolerance(s) for inadvertent 12 53,483 + residues in one crop; applicant- + initiated. +---------------------------------------------------------------------------------------------------------------- + R294 39 Establish tolerances for inadvertent 12 320,894 + residues; 6 or more crops submitted + in one application; applicant- + initiated. +---------------------------------------------------------------------------------------------------------------- + R295 40 Establish tolerance(s) for residues in 15 66,124 + one rotational crop in response to a + specific rotational crop application; + submission of corresponding label + amendments which specify the + necessary plant-back restrictions; + applicant-initiated. (3) (4) +---------------------------------------------------------------------------------------------------------------- + R296 41 Establish tolerances for residues in 15 396,742 + rotational crops in response to a + specific rotational crop petition; 6 + or more crops submitted in one + application; submission of + corresponding label amendments which + specify the necessary plant-back + restrictions; applicant-initiated. + (3) (4) +---------------------------------------------------------------------------------------------------------------- + R297 42 Amend 6 or more established tolerances 11 272,037 + (e.g., decrease or increase) in one + petition; domestic or import; + applicant-initiated. +---------------------------------------------------------------------------------------------------------------- + R298 43 Amend an established tolerance (e.g., 13 58,565 + decrease or increase); domestic or + import; submission of corresponding + amended labels (requiring science + review). (3) (4) +---------------------------------------------------------------------------------------------------------------- + R299 44 Amend 6 or more established tolerances 13 285,261 + (e.g., decrease or increase); + domestic or import; submission of + corresponding amended labels + (requiring science review). (3) (4) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or + a first food use are covered by the base fee for that new active ingredient or first food use application and + retain the same decision time review period as the new active ingredient or first food use application. The + application must be received by the agency in one package. The base fee for the category covers a maximum of + five new products. Each application for an additional new product registration and new inert approval that is + submitted in the new active ingredient application package or first food use application package is subject to + the registration service fee for a new product or a new inert approval. All such associated applications that + are submitted together will be subject to the new active ingredient or first food use decision review time. In + the case of a new active ingredient application, until that new active ingredient is approved, any subsequent + application for another new product containing the same active ingredient or an amendment to the proposed + labeling will be deemed a new active ingredient application, subject to the registration service fee and + decision review time for a new active ingredient. In the case of a first food use application, until that + first food use is approved, any subsequent application for an additional new food use or uses will be subject + to the registration service fee and decision review time for a first food use. Any information that (a) was + neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's + initiative to support the application after completion of the technical deficiency screening, and (c) is not + itself a covered registration application, must be assessed 25% of the full registration service fee for the + new active ingredient or first food use application. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. +(4) Amendment applications to add the revised use pattern(s) to registered product labels are covered by the + base fee for the category. All items in the covered application must be submitted together in one package. + Each application for an additional new product registration and new inert approval(s) that is submitted in the + amendment application package is subject to the registration service fee for a new product or a new inert + approval. However, if an amendment application only proposes to register the amendment for a new product and + there are no amendments in the application, then review of one new product application is covered by the base + fee. All such associated applications that are submitted together will be subject to the category decision + review time. + + + + + ``TABLE 4. -- REGISTRATION DIVISION -- NEW PRODUCTS +---------------------------------------------------------------------------------------------------------------- + New CR Decision Review Time Registration Service Fee + EPA No. No. Action (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + R300 45 New product; or similar 4 1,582 + combination product (already + registered) to an identical or + substantially similar in + composition and use to a + registered product; registered + source of active ingredient; no + data review on acute toxicity, + efficacy or CRP - only product + chemistry data; cite-all data + citation, or selective data + citation where applicant owns + all required data, or applicant + submits specific authorization + letter from data owner. Category + also includes 100% re-package of + registered end-use or + manufacturing-use product that + requires no data submission nor + data matrix. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R301 46 New product; or similar 4 1,897 + combination product (already + registered) to an identical or + substantially similar in + composition and use to a + registered product; registered + source of active ingredient; + selective data citation only for + data on product chemistry and/or + acute toxicity and/or public + health pest efficacy (identical + data citation and claims to + cited product(s)), where + applicant does not own all + required data and does not have + a specific authorization letter + from data owner. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R310 47 New end-use or manufacturing-use 7 7,301 + product with registered + source(s) of active + ingredient(s); includes products + containing two or more + registered active ingredients + previously combined in other + registered products; excludes + products requiring or citing an + animal safety study; requires + review of data package within RD + only; includes data and/or + waivers of data for only: + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> child resistant + packaging and/or + <bullet> pest(s) requiring + efficacy (4) - for up to 3 + target pests. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R314 48 New end use product containing up 8 8,626 + to three registered active + ingredients never before + registered as this combination + in a formulated product; new + product label is identical or + substantially similar to the + labels of currently registered + products which separately + contain the respective component + active ingredients; excludes + products requiring or citing an + animal safety study; requires + review of data package within RD + only; includes data and/or + waivers of data for only: + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> child resistant + packaging and/or + <bullet> pest(s) requiring + efficacy (4) - for up to 3 + target pests. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R319 49 New end use product containing up 10 12,626 + to three registered active + ingredients never before + registered as this combination + in a formulated product; new + product label is identical or + substantially similar to the + labels of currently registered + products which separately + contain the respective component + active ingredients; excludes + products requiring or citing an + animal safety study; requires + review of data package within RD + only; includes data and/or + waivers of data for only: + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> child resistant + packaging and/or + <bullet> pest(s) requiring + efficacy (4) - for 4 to 7 target + pests. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R318 50 (new) New end use product containing 9 13,252 + four or more registered active + ingredients never before + registered as this combination + in a formulated product; new + product label is identical or + substantially similar to the + labels of currently registered + products which separately + contain the respective component + active ingredients; excludes + products requiring or citing an + animal safety study; requires + review of data package within RD + only; includes data and/or + waivers of data for only: + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> child resistant + packaging and/or + <bullet> pest(s) requiring + efficacy (4) - for up to 3 + target pests. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R321 51 (new) New end use product containing 11 17,252 + four or more registered active + ingredients never before + registered as this combination + in a formulated product; new + product label is identical or + substantially similar to the + labels of currently registered + products which separately + contain the respective component + active ingredients; excludes + products requiring or citing an + animal safety study; requires + review of data package within RD + only; includes data and/or + waivers of data for only: + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> child resistant + packaging and/or + <bullet> pest(s) requiring + efficacy (4) - for 4 to 7 target + pests. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R315 52 New end-use, on-animal product, 9 9,820 + registered source of active + ingredient(s), with the + submission of data and/or + waivers for only: + <bullet> animal safety and + <bullet> pest(s) requiring + efficacy (4) and/or + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> child resistant + packaging. (2) (3) +---------------------------------------------------------------------------------------------------------------- + R316 53 (new) New end-use or manufacturing 9 11,301 + product with registered + source(s) of active + ingredient(s) including products + containing two or more + registered active ingredients + previously combined in other + registered products; excludes + products requiring or citing an + animal safety study; and + requires review of data and/or + waivers for only: + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> child resistant + packaging and/or + <bullet> pest(s) requiring + efficacy (4) - for greater than + 3 and up to 7 target pests. + (2)(3) +---------------------------------------------------------------------------------------------------------------- + R317 54 (new) New end-use or manufacturing 10 15,301 + product with registered + source(s) of active + ingredient(s) including products + containing 2 or more registered + active ingredients previously + combined in other registered + products; excludes products + requiring or citing an animal + safety study; and requires + review of data and/or waivers + for only: + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> child resistant + packaging and/or + <bullet> pest(s) requiring + efficacy (4) - for greater than + 7 target pests. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R320 55 New product; new physical form; 12 13,226 + requires data review in science + divisions. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R331 56 New product; repack of identical 3 2,530 + registered end-use product as a + manufacturing-use product, or + identical registered + manufacturing-use product as an + end use product; same registered + uses only. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R332 57 New manufacturing-use product; 24 283,215 + registered active ingredient; + unregistered source of active + ingredient; submission of + completely new generic data + package; registered uses only; + requires review in RD and + science divisions. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R333 58 New product; MUP or End use 10 19,838 + product with unregistered source + of active ingredient; requires + science data review; new + physical form; etc. Cite-all or + selective data citation where + applicant owns all required + data. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R334 59 New product; MUP or End use 11 23,100 + product with unregistered source + of the active ingredient; + requires science data review; + new physical form; etc. + Selective data citation. (2)(3) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered + but (b) has an application pending with the Agency for review, will be considered an application for a new + product with an unregistered source of active ingredient. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. +(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring + efficacy'' are: public health pests listed in PR Notice 2002-1, livestock pests (e.g. Horn flies, Stable + flies), wood-destroying pests (e.g. termites, carpenter ants, wood-boring beetles) and certain invasive + species (e.g. Asian Longhorned beetle, Emerald Ashborer). This list may be updated/refined as invasive pest + needs arise. To determine the number of pests for the PRIA categories, pests have been placed into groups + (general; e.g., cockroaches) and pest specific (specifically a test species). If seeking a label claim against + a pest group (general), use the group listing below and each group will count as 1. The general pests groups + are: mites, dust mites, chiggers, ticks, hard ticks, soft ticks, cattle ticks, scorpions, spiders, centipedes, + lice, fleas, cockroaches, keds, bot flies, screwworms, filth flies, blow flies, house flies, flesh flies, + mosquitoes, biting flies, horse flies, stable flies, deer flies, sand flies, biting midges, black flies, true + bugs, bed bugs, stinging bees, wasps, yellow jackets, hornets, ants (excluding carpenter ants), fire and + harvester ants, wood destroying beetles, carpenter ants, termites, subterranean termites, dry wood termites, + arboreal termites, damp wood termites and invasive species. If seeking a claim against a specific pest without + a general claim then each specific pest will count as 1. + + + + + ``TABLE 5. -- REGISTRATION DIVISION -- AMENDMENTS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + R340 60 Amendment requiring data review within RD 4 4,988 + (e.g., changes to precautionary label + statements); includes adding/modifying + pest(s) claims for up to 2 target pests, + excludes products requiring or citing an + animal safety study. (2)(3)(4) +---------------------------------------------------------------------------------------------------------------- + R341 61 (New) Amendment requiring data review within RD 6 5,988 + (e.g., changes to precautionary label + statements), includes adding/modifying + pest(s) claims for greater than 2 target + pests, excludes products requiring or + citing an animal safety study. (2)(3)(4) +---------------------------------------------------------------------------------------------------------------- + R345 62 Amending on-animal products previously 7 8,820 + registered, with the submission of data + and/or waivers for only: + <bullet> animal safety and + <bullet> pest(s) requiring efficacy (4) and/ + or + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> child resistant packaging. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R350 63 Amendment requiring data review in science 9 13,226 + divisions (e.g., changes to REI, or PPE, + or PHI, or use rate, or number of + applications; or add aerial application; + or modify GW/SW advisory statement). + (2)(3) +---------------------------------------------------------------------------------------------------------------- + R351 64 Amendment adding a new unregistered source 8 13,226 + of active ingredient. (2)(3) +---------------------------------------------------------------------------------------------------------------- + R352 65 Amendment adding already approved uses; 8 13,226 + selective method of support; does not + apply if the applicant owns all cited + data. (2) (3) +---------------------------------------------------------------------------------------------------------------- + R371 66 Amendment to Experimental Use Permit; (does 6 10,090 + not include extending a permit's time + period). (3) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast- + track amendments are to be completed within the timelines specified in FIFRA Section 3(c)(3)(B) and are not + subject to registration service fees. (c) Registrant-initiated fast-track amendments handled by the + Antimicrobials Division are to be completed within the timelines specified in FIFRA Section 3(h) and are not + subject to registration service fees. (d) Registrant initiated amendments submitted by notification under PR + Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration + service fees. (e) Submissions with data and requiring data review are subject to registration service fees. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. +(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring + efficacy'' are: public health pests listed in PR Notice 2002-1, livestock pests (e.g. Horn flies, Stable + flies), wood-destroying pests (e.g. termites, carpenter ants, wood-boring beetles) and certain invasive + species (e.g. Asian Longhorned beetle, Emerald Ashborer). This list may be updated/refined as invasive pest + needs arise. To determine the number of pests for the PRIA categories, pests have been placed into groups + (general; e.g., cockroaches) and pest specific (specifically a test species). If seeking a label claim against + a pest group (general), use the group listing below and each group will count as 1. The general pests groups + are: mites, dust mites, chiggers, ticks, hard ticks, soft ticks, cattle ticks, scorpions, spiders, centipedes, + lice, fleas, cockroaches, keds, bot flies, screwworms, filth flies, blow flies, house flies, flesh flies, + mosquitoes, biting flies, horse flies, stable flies, deer flies, sand flies, biting midges, black flies, true + bugs, bed bugs, stinging bees, wasps, yellow jackets, hornets, ants (excluding carpenter ants), fire and + harvester ants, wood destroying beetles, carpenter ants, termites, subterranean termites, dry wood termites, + arboreal termites, damp wood termites and invasive species. If seeking a claim against a specific pest without + a general claim then each specific pest will count as 1. + + + + + ``TABLE 6. -- REGISTRATION DIVISION -- OTHER ACTIONS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + R124 67 Conditional Ruling on Pre-application 6 2,530 + Study Waivers; applicant-initiated. +---------------------------------------------------------------------------------------------------------------- + R272 68 Review of Study Protocol applicant- 3 2,530 + initiated; excludes DART, pre- + registration conference, Rapid + Response review, DNT protocol review, + protocol needing HSRB review. +---------------------------------------------------------------------------------------------------------------- + R275 69 Rebuttal of agency reviewed protocol, 3 2,530 + applicant initiated. +---------------------------------------------------------------------------------------------------------------- + R370 70 Cancer reassessment; applicant- 18 198,250 + initiated. +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. + + + + + ``TABLE 7. -- ANTIMICROBIALS DIVISION -- NEW ACTIVE INGREDIENTS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + A380 71 New Active Ingredient; Indirect Food use; 24 137,841 + establish tolerance or tolerance + exemption if required. (2)(3) +---------------------------------------------------------------------------------------------------------------- + A390 72 New Active Ingredient; Direct Food use; 24 229,733 + establish tolerance or tolerance + exemption if required. (2)(3) +---------------------------------------------------------------------------------------------------------------- + A410 73 New Active Ingredient Non-food use.(2)(3) 21 229,733 +---------------------------------------------------------------------------------------------------------------- + A431 74 New Active Ingredient, Non-food use; low- 12 80,225 + risk. (2)(3) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or + a first food use are covered by the base fee for that new active ingredient or first food use application and + retain the same decision time review period as the new active ingredient or first food use application. The + application must be received by the agency in one package. The base fee for the category covers a maximum of + five new products. Each application for an additional new product registration and new inert approval that is + submitted in the new active ingredient application package or first food use application package is subject to + the registration service fee for a new product or a new inert approval. All such associated applications that + are submitted together will be subject to the new active ingredient or first food use decision review time. In + the case of a new active ingredient application, until that new active ingredient is approved, any subsequent + application for another new product containing the same active ingredient or an amendment to the proposed + labeling will be deemed a new active ingredient application, subject to the registration service fee and + decision review time for a new active ingredient. In the case of a first food use application, until that + first food use is approved, any subsequent application for an additional new food use or uses will be subject + to the registration service fee and decision review time for a first food use. Any information that (a) was + neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's + initiative to support the application after completion of the technical deficiency screening, and (c) is not + itself a covered registration application, must be assessed 25% of the full registration service fee for the + new active ingredient or first food use application. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. + + + + + ``TABLE 8. -- ANTIMICROBIALS DIVISION -- NEW USES +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- +A440 75 New Use, Indirect Food Use, 21 31,910 + establish tolerance or tolerance + exemption. (2)(3)(4) +---------------------------------------------------------------------------------------------------------------- +A441 76 Additional Indirect food uses; 21 114,870 + establish tolerances or tolerance + exemptions if required; 6 or more + submitted in one application. + (3)(4)(5) +---------------------------------------------------------------------------------------------------------------- +A450 77 New use, Direct food use, 21 95,724 + establish tolerance or tolerance + exemption. (2)(3)(4) +---------------------------------------------------------------------------------------------------------------- +A451 78 Additional Direct food uses; 21 182,335 + establish tolerances or tolerance + exemptions if required; 6 or more + submitted in one application. + (3)(4)(5) +---------------------------------------------------------------------------------------------------------------- +A500 79 New use, non-food. (4)(5) 12 31,910 +---------------------------------------------------------------------------------------------------------------- +A501 80 New use, non-food; 6 or more 15 76,583 + submitted in one application. + (4)(5) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or + a first food use are covered by the base fee for that new active ingredient or first food use application and + retain the same decision time review period as the new active ingredient or first food use application. The + application must be received by the agency in one package. The base fee for the category covers a maximum of + five new products. Each application for an additional new product registration and new inert approval that is + submitted in the new active ingredient application package or first food use application package is subject to + the registration service fee for a new product or a new inert approval. All such associated applications that + are submitted together will be subject to the new active ingredient or first food use decision review time. In + the case of a new active ingredient application, until that new active ingredient is approved, any subsequent + application for another new product containing the same active ingredient or an amendment to the proposed + labeling will be deemed a new active ingredient application, subject to the registration service fee and + decision review time for a new active ingredient. In the case of a first food use application, until that + first food use is approved, any subsequent application for an additional new food use or uses will be subject + to the registration service fee and decision review time for a first food use. Any information that (a) was + neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's + initiative to support the application after completion of the technical deficiency screening, and (c) is not + itself a covered registration application, must be assessed 25% of the full registration service fee for the + new active ingredient or first food use application. +(3) If EPA data rules are amended to newly require clearance under section 408 of the FFDCA for an ingredient of + an antimicrobial product where such ingredient was not previously subject to such a clearance, then review of + the data for such clearance of such product is not subject to a registration service fee for the tolerance + action for two years from the effective date of the rule. +(4) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. +(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for + the new use(s). All items in the covered application must be submitted together in one package. Each + application for an additional new product registration and new inert approval(s) that is submitted in the new + use application package is subject to the registration service fee for a new product or a new inert approval. + However, if a new use application only proposes to register the new use for a new product and there are no + amendments in the application, then review of one new product application is covered by the new use fee. All + such associated applications that are submitted together will be subject to the new use decision review time. + Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to + submission of the new use application and (b) prior to conclusion of its decision review time and (c) + containing the same new uses, will be deemed a separate new-use application, subject to a separate + registration service fee and new decision review time for a new use. If the new-use application includes non- + food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type + of new use and the longest decision review time applies to all of the new uses requested in the application. + Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the + applicant at the applicant's initiative to support the application after completion of the technical + deficiency screen, and (c) is not itself a covered registration application, must be assessed 25% of the full + registration service fee for the new use application. + + + + + ``TABLE 9. -- ANTIMICROBIALS DIVISION -- NEW PRODUCTS AND AMENDMENTS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + A530 81 New product, identical or 4 1,278 + substantially similar in composition + and use to a registered product; no + data review or only product chemistry + data; cite all data citation or + selective data citation where + applicant owns all required data; or + applicant submits specific + authorization letter from data owner. + Category also includes 100% re- + package of registered end-use or + manufacturing use product that + requires no data submission nor data + matrix. (2)(3) +---------------------------------------------------------------------------------------------------------------- + A531 82 New product; identical or 4 1,824 + substantially similar in composition + and use to a registered product; + registered source of active + ingredient: selective data citation + only for data on product chemistry + and/or acute toxicity and/or public + health pest efficacy, where applicant + does not own all required data and + does not have a specific + authorization letter from data owner. + (2)(3) +---------------------------------------------------------------------------------------------------------------- + A532 83 New product; identical or 5 5,107 + substantially similar in composition + and use to a registered product; + registered active ingredient; + unregistered source of active + ingredient; cite-all data citation + except for product chemistry; product + chemistry data submitted. (2)(3) +---------------------------------------------------------------------------------------------------------------- + A540 84 New end use product; FIFRA Sec. 2(mm) 5 5,107 + uses only; up to 25 public health + organisms. (2)(3)(5)(6) +---------------------------------------------------------------------------------------------------------------- + A541 85 (new) New end use product; FIFRA Sec. 2(mm) 7 8,500 + uses only; 26-50 public health + organisms. (2)(3)(5)(6) +---------------------------------------------------------------------------------------------------------------- + A542 86 (new) New end use product; FIFRA Sec. 2(mm) 10 15,000 + uses only; $ 51 public health + organisms. (2)(3)(5) +---------------------------------------------------------------------------------------------------------------- + A550 87 New end-use product; uses other than 9 13,226 + FIFRA Sec. 2(mm); non-FQPA product. + (2)(3)(5) +---------------------------------------------------------------------------------------------------------------- + A560 88 New manufacturing use product; 6 12,596 + registered active ingredient; + selective data citation. (2)(3) +---------------------------------------------------------------------------------------------------------------- + A565 89 (new) New manufacturing-use product; 12 18,234 + registered active ingredient; + unregistered source of active + ingredient; submission of new generic + data package; registered uses only; + requires science review. (2)(3) +---------------------------------------------------------------------------------------------------------------- + A570 90 Label amendment requiring data 4 3,831 + review; up to 25 public health + organisms. (3)(4)(5)(6) +---------------------------------------------------------------------------------------------------------------- + A573 91 (new) Label amendment requiring data 6 6,350 + review; 26-50 public health + organisms. (2)(3)(5)(7) +---------------------------------------------------------------------------------------------------------------- + A574 92 (new) Label amendment requiring data 9 11,000 + review; $ 51 public health organisms. + (2)(3)(5)(7) +---------------------------------------------------------------------------------------------------------------- + A572 93 New Product or amendment requiring 9 13,226 + data review for risk assessment by + Science Branch (e.g., changes to REI, + or PPE, or use rate). (2)(3)(4) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered + but (b) has an application pending with the Agency for review, will be considered an application for a new + product with an unregistered source of active ingredient. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. +(4)(a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast- + track amendments are to be completed within the timelines specified in FIFRA Section 3(c)(3)(B) and are not + subject to registration service fees. (c) Registrant-initiated fast-track amendments handled by the + Antimicrobials Division are to be completed within the timelines specified in FIFRA Section 3(h) and are not + subject to registration service fees. (d) Registrant initiated amendments submitted by notification under PR + Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration + service fees. (e) Submissions with data and requiring data review are subject to registration service fees. +(5) The applicant must identify the substantially similar product if opting to use cite-all or the selective + method to support acute toxicity data requirements. +(6) Once a submission for a new product with public health organisms has been submitted and classified in either + A540 or A541, additional organisms submitted for the same product before expiration of the first submission's + original decision review time period will result in reclassification of both the original and subsequent + submission into the appropriate new category based on the sum of the number of organisms in both submissions. + A reclassification would result in a new PRIA start date and require additional fees to meet the fee of the + new category. +(7) Once a submission for a label amendment with public health organisms has been submitted and classified in + either A570 or A573, additional organisms submitted for the same product before expiration of the first + submission's original decision review time period will result in reclassification of both the original and + subsequent submission into the appropriate new category based on the sum of the number of organisms in both + submissions. A reclassification would result in a new PRIA start date and require additional fees to meet the + fee of the new category. + + + + + ``TABLE 10. -- ANTIMICROBIALS DIVISION -- EXPERIMENTAL USE PERMITS AND OTHER ACTIONS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + A520 94 Experimental Use Permit application, 9 6,383 + non-food use. (2) +---------------------------------------------------------------------------------------------------------------- + A521 95 Review of public health efficacy study 4 4,726 + protocol within AD, per AD Internal + Guidance for the Efficacy Protocol + Review Process; Code will also + include review of public health + efficacy study protocol and data + review for devices making pesticidal + claims; applicant-initiated; Tier 1. +---------------------------------------------------------------------------------------------------------------- + A522 96 Review of public health efficacy 12 12,156 + study protocol outside AD by members + of AD Efficacy Protocol Review Expert + Panel; Code will also include review + of public health efficacy study + protocol and data review for devices + making pesticidal claims; applicant- + initiated; Tier 2. +---------------------------------------------------------------------------------------------------------------- + A537 97 (new) New Active Ingredient/New Use, 18 153,156 + Experimental Use Permit application; + Direct food use; Establish tolerance + or tolerance exemption if required. + Credit 45% of fee toward new active + ingredient/new use application that + follows. +---------------------------------------------------------------------------------------------------------------- + A538 98 (new) New Active Ingredient/New Use, 18 95,724 + Experimental Use Permit application; + Indirect food use; Establish + tolerance or tolerance exemption if + required Credit 45% of fee toward new + active ingredient/new use application + that follows. +---------------------------------------------------------------------------------------------------------------- + A539 99 (new) New Active Ingredient/New Use, 15 92,163 + Experimental Use Permit application; + Nonfood use. Credit 45% of fee toward + new active ingredient/new use + application that follows. +---------------------------------------------------------------------------------------------------------------- + A529 100 Amendment to Experimental Use Permit; 9 11,429 + requires data review or risk + assessment. (2) +---------------------------------------------------------------------------------------------------------------- + A523 101 Review of protocol other than a 9 12,156 + public health efficacy study (i.e., + Toxicology or Exposure Protocols). +---------------------------------------------------------------------------------------------------------------- + A571 102 Science reassessment: Cancer risk, 18 95,724 + refined ecological risk, and/or + endangered species; applicant- + initiated. +---------------------------------------------------------------------------------------------------------------- + A533 103 (new) Exemption from the requirement of an 4 2,482 + Experimental Use Permit. (2) +---------------------------------------------------------------------------------------------------------------- + A534 104 (new) Rebuttal of agency reviewed protocol, 4 4,726 + applicant initiated. +---------------------------------------------------------------------------------------------------------------- + A535 105 (new) Conditional Ruling on Pre-application 6 2,409 + Study Waiver or Data Bridging + Argument; applicant-initiated. +---------------------------------------------------------------------------------------------------------------- + A536 106 (new) Conditional Ruling on Pre-application 4 2,482 + Direct Food, Indirect Food, Nonfood + use determination; applicant- + initiated. +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. + + + + + ``TABLE 11. -- BIOPESTICIDES DIVISION -- NEW ACTIVE INGREDIENTS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + B580 107 New active ingredient; food use; 20 51,053 + petition to establish a tolerance. + (2)(3) +---------------------------------------------------------------------------------------------------------------- + B590 108 New active ingredient; food use; 18 31,910 + petition to establish a tolerance + exemption. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B600 109 New active ingredient; non-food use. 13 19,146 + (2)(3) +---------------------------------------------------------------------------------------------------------------- + B610 110 New active ingredient; Experimental 10 12,764 + Use Permit application; petition to + establish a temporary tolerance or + temporary tolerance exemption. (3) +---------------------------------------------------------------------------------------------------------------- + B611 111 New active ingredient; Experimental 12 12,764 + Use Permit application; petition to + establish permanent tolerance + exemption. (3) +---------------------------------------------------------------------------------------------------------------- + B612 112 New active ingredient; no change to a 10 17,550 + permanent tolerance exemption. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B613 113 New active ingredient; petition to 11 17,550 + convert a temporary tolerance or a + temporary tolerance exemption to a + permanent tolerance or tolerance + exemption. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B620 114 New active ingredient; Experimental 7 6,383 + Use Permit application; non-food use + including crop destruct. (3) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or + a first food use are covered by the base fee for that new active ingredient or first food use application and + retain the same decision time review period as the new active ingredient or first food use application. The + application must be received by the agency in one package. The base fee for the category covers a maximum of + five new products. Each application for an additional new product registration and new inert approval that is + submitted in the new active ingredient application package or first food use application package is subject to + the registration service fee for a new product or a new inert approval. All such associated applications that + are submitted together will be subject to the new active ingredient or first food use decision review time. In + the case of a new active ingredient application, until that new active ingredient is approved, any subsequent + application for another new product containing the same active ingredient or an amendment to the proposed + labeling will be deemed a new active ingredient application, subject to the registration service fee and + decision review time for a new active ingredient. In the case of a first food use application, until that + first food use is approved, any subsequent application for an additional new food use or uses will be subject + to the registration service fee and decision review time for a first food use. Any information that (a) was + neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's + initiative to support the application after completion of the technical deficiency screening, and (c) is not + itself a covered registration application, must be assessed 25% of the full registration service fee for the + new active ingredient or first food use application. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. + + + + + ``TABLE 12. -- BIOPESTICIDES DIVISION -- NEW USES +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + B630 115 First food use; petition to establish 13 12,764 + a tolerance exemption. (2)(4) +---------------------------------------------------------------------------------------------------------------- + B631 116 New food use; petition to amend an 12 12,764 + established tolerance. (3)(4) +---------------------------------------------------------------------------------------------------------------- + B640 117 First food use; petition to establish 19 19,146 + a tolerance. (2)(4) +---------------------------------------------------------------------------------------------------------------- + B643 118 New Food use; petition to amend an 10 12,764 + established tolerance exemption. + (3)(4) +---------------------------------------------------------------------------------------------------------------- + B642 119 First food use; indoor; food/food 12 31,910 + handling. (2)(4) +---------------------------------------------------------------------------------------------------------------- + B644 120 New use, no change to an established 8 12,764 + tolerance or tolerance exemption. + (3)(4) +---------------------------------------------------------------------------------------------------------------- + B650 121 New use; non-food. (3)(4) 7 6,383 +---------------------------------------------------------------------------------------------------------------- + B645 122 (new) New food use; Experimental Use Permit 12 12,764 + application; petition to amend or add + a tolerance exemption. (4) +---------------------------------------------------------------------------------------------------------------- + B646 123 (new) New use; non-food use including crop 7 6,383 + destruct; Experimental Use Permit + application. (4) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or + a first food use are covered by the base fee for that new active ingredient or first food use application and + retain the same decision time review period as the new active ingredient or first food use application. The + application must be received by the agency in one package. The base fee for the category covers a maximum of + five new products. Each application for an additional new product registration and new inert approval that is + submitted in the new active ingredient application package or first food use application package is subject to + the registration service fee for a new product or a new inert approval. All such associated applications that + are submitted together will be subject to the new active ingredient or first food use decision review time. In + the case of a new active ingredient application, until that new active ingredient is approved, any subsequent + application for another new product containing the same active ingredient or an amendment to the proposed + labeling will be deemed a new active ingredient application, subject to the registration service fee and + decision review time for a new active ingredient. In the case of a first food use application, until that + first food use is approved, any subsequent application for an additional new food use or uses will be subject + to the registration service fee and decision review time for a first food use. Any information that (a) was + neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's + initiative to support the application after completion of the technical deficiency screening, and (c) is not + itself a covered registration application, must be assessed 25% of the full registration service fee for the + new active ingredient or first food use application. +(3) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for + the new use(s). All items in the covered application must be submitted together in one package. Each + application for an additional new product registration and new inert approval(s) that is submitted in the new + use application package is subject to the registration service fee for a new product or a new inert approval. + However, if a new use application only proposes to register the new use for a new product and there are no + amendments in the application, then review of one new product application is covered by the new use fee. All + such associated applications that are submitted together will be subject to the new use decision review time. + Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to + submission of the new use application and (b) prior to conclusion of its decision review time and (c) + containing the same new uses, will be deemed a separate new-use application, subject to a separate + registration service fee and new decision review time for a new use. If the new-use application includes non- + food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type + of new use and the longest decision review time applies to all of the new uses requested in the application. + Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the + applicant at the applicant's initiative to support the application after completion of the technical + deficiency screen, and (c) is not itself a covered registration application, must be assessed 25% of the full + registration service fee for the new use application. +(4) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. + + + + + ``TABLE 13. -- BIOPESTICIDES DIVISION -- NEW PRODUCTS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + B652 124 New product; registered source of active 13 12,764 + ingredient; requires petition to amend + established tolerance or tolerance + exemption; requires 1) submission of + product specific data; or 2) citation of + previously reviewed and accepted data; + or 3) submission or citation of data + generated at government expense; or 4) + submission or citation of scientifically- + sound rationale based on publicly + available literature or other relevant + information that addresses the data + requirement; or 5) submission of a + request for a data requirement to be + waived supported by a scientifically- + sound rationale explaining why the data + requirement does not apply. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B660 125 New product; registered source of active 4 1,278 + ingredient(s); identical or + substantially similar in composition and + use to a registered product. No data + review, or only product chemistry data; + cite-all data citation, or selective + data citation where applicant owns all + required data or authorization from data + owner is demonstrated. Category includes + 100% re-package of registered end-use or + manufacturing-use product that requires + no data submission or data matrix. For + microbial pesticides, the active + ingredient(s) must not be re-isolated. + (2)(3) +---------------------------------------------------------------------------------------------------------------- + B670 126 New product; registered source of active 7 5,107 + ingredient(s); requires: 1) submission + of product specific data; or 2) citation + of previously reviewed and accepted + data; or 3) submission or citation of + data generated at government expense; or + 4) submission or citation of a + scientifically-sound rationale based on + publicly available literature or other + relevant information that addresses the + data requirement; or 5) submission of a + request for a data requirement to be + waived supported by a scientifically- + sound rationale explaining why the data + requirement does not apply. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B671 127 New product; unregistered source of 17 12,764 + active ingredient(s); requires a + petition to amend an established + tolerance or tolerance exemption; + requires: 1) submission of product + specific data; or 2) citation of + previously reviewed and accepted data; + or 3) submission or citation of data + generated at government expense; or 4) + submission or citation of a + scientifically-sound rationale based on + publicly available literature or other + relevant information that addresses the + data requirement; or 5) submission of a + request for a data requirement to be + waived supported by a scientifically- + sound rationale explaining why the data + requirement does not apply. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B672 128 New product; unregistered source of 13 9,118 + active ingredient(s); non-food use or + food use requires: 1) submission of + product specific data; or 2) citation of + previously reviewed and accepted data; + or 3) submission or citation of data + generated at government expense; or 4) + submission or citation of a + scientifically-sound rationale based on + publicly available literature or other + relevant information that addresses the + data requirement; or 5) submission of a + request for a data requirement to be + waived supported by a scientifically- + sound rationale explaining why the data + requirement does not apply. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B673 129 New product MUP/EP; unregistered source 10 5,107 + of active ingredient(s); citation of + Technical Grade Active Ingredient (TGAI) + data previously reviewed and accepted by + the Agency. Requires an Agency + determination that the cited data + supports the new product. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B674 130 New product MUP; Repack of identical 4 1,278 + registered end-use product as a + manufacturing-use product; same + registered uses only. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B675 131 New Product MUP; registered source of 10 9,118 + active ingredient; submission of + completely new generic data package; + registered uses only. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B676 132 New product; more than one active 13 9,118 + ingredient where one active ingredient + is an unregistered source; product + chemistry data must be submitted; + requires: 1) submission of product + specific data, and 2) citation of + previously reviewed and accepted data; + or 3) submission or citation of data + generated at government expense; or 4) + submission or citation of a + scientifically-sound rationale based on + publicly available literature or other + relevant information that addresses the + data requirement; or 5) submission of a + request for a data requirement to be + waived supported by a scientifically- + sound rationale explaining why the data + requirement does not apply. (2)(3) +---------------------------------------------------------------------------------------------------------------- + B677 133 New end-use non-food animal product with 10 8,820 + submission of two or more target animal + safety studies; includes data and/or + waivers of data for only: + <bullet> product chemistry and/or + <bullet> acute toxicity and/or + <bullet> public health pest efficacy and/ + or + <bullet> animal safety studies and/or + <bullet> child resistant packaging. + (2)(3) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered + but (b) has an application pending with the Agency for review, will be considered an application for a new + product with an unregistered source of active ingredient. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. + + + + + ``TABLE 14. -- BIOPESTICIDES DIVISION -- AMENDMENTS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + B621 134 Amendment; Experimental Use Permit; no 7 5,107 + change to an established temporary + tolerance or tolerance exemption. (3) +---------------------------------------------------------------------------------------------------------------- + B622 135 Amendment; Experimental Use Permit; 11 12,764 + petition to amend an established or + temporary tolerance or tolerance + exemption. (3) +---------------------------------------------------------------------------------------------------------------- + B641 136 Amendment of an established tolerance or 13 12,764 + tolerance exemption. +---------------------------------------------------------------------------------------------------------------- + B680 137 Amendment; registered sources of active 5 5,107 + ingredient(s); no new use(s); no changes + to an established tolerance or tolerance + exemption. Requires data submission. + (2)(3) +---------------------------------------------------------------------------------------------------------------- + B681 138 Amendment; unregistered source of active 7 6,079 + ingredient(s). Requires data submission. + (2)(3) +---------------------------------------------------------------------------------------------------------------- + B683 139 Label amendment; requires review/update 6 5,107 + of previous risk assessment(s) without + data submission (e.g., labeling changes + to REI, PPE, PHI). (2)(3) +---------------------------------------------------------------------------------------------------------------- + B684 140 Amending non-food animal product that 8 8,820 + includes submission of target animal + safety data; previously registered. + (2)(3) +---------------------------------------------------------------------------------------------------------------- + B685 141 (new) Amendment; add a new biochemical 5 5,107 + unregistered source of active ingredient + or a new microbial production site. + Requires submission of analysis of + samples data and source/production site- + specific manufacturing process + description. (3) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast- + track amendments are to be completed within the timelines specified in FIFRA Section 3(c)(3)(B) and are not + subject to registration service fees. (c) Registrant-initiated fast-track amendments handled by the + Antimicrobials Division are to be completed within the timelines specified in FIFRA Section 3(h) and are not + subject to registration service fees. (d) Registrant initiated amendments submitted by notification under PR + Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration + service fees. (e) Submissions with data and requiring data review are subject to registration service fees. +(3) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. + + + + + ``TABLE 15. -- BIOPESTICIDES DIVISION -- SCLP +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + B690 142 New active ingredient; food or non- 7 2,554 + food use. (2)(6) +---------------------------------------------------------------------------------------------------------------- + B700 143 Experimental Use Permit application; 7 1,278 + new active ingredient or new use. (6) +---------------------------------------------------------------------------------------------------------------- + B701 144 Extend or amend Experimental Use 4 1,278 + Permit. (6) +---------------------------------------------------------------------------------------------------------------- + B710 145 New product; registered source of 4 1,278 + active ingredient(s); identical or + substantially similar in composition + and use to a registered product; no + change in an established tolerance or + tolerance exemption. No data review, + or only product chemistry data; cite- + all data citation, or selective data + citation where applicant owns all + required data or authorization from + data owner is demonstrated. Category + includes 100% re-package of + registered end-use or manufacturing- + use product that requires no data + submission or data matrix. (3)(6) +---------------------------------------------------------------------------------------------------------------- + B720 146 New product; registered source of 5 1,278 + active ingredient(s); requires: 1) + submission of product specific data; + or 2) citation of previously reviewed + and accepted data; or 3) submission + or citation of data generated at + government expense; or 4) submission + or citation of a scientifically-sound + rationale based on publicly available + literature or other relevant + information that addresses the data + requirement; or 5) submission of a + request for a data requirement to be + waived supported by a scientifically- + sound rationale explaining why the + data requirement does not apply. + (3)(6) +---------------------------------------------------------------------------------------------------------------- + B721 147 New product; unregistered source of 7 2,676 + active ingredient. (3)(6) +---------------------------------------------------------------------------------------------------------------- + B722 148 New use and/or amendment; petition to 7 2,477 + establish a tolerance or tolerance + exemption. (4)(5)(6) +---------------------------------------------------------------------------------------------------------------- + B730 149 Label amendment requiring data 5 1,278 + submission. (4)(6) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or + a first food use are covered by the base fee for that new active ingredient or first food use application and + retain the same decision time review period as the new active ingredient or first food use application. The + application must be received by the agency in one package. The base fee for the category covers a maximum of + five new products. Each application for an additional new product registration and new inert approval that is + submitted in the new active ingredient application package or first food use application package is subject to + the registration service fee for a new product or a new inert approval. All such associated applications that + are submitted together will be subject to the new active ingredient or first food use decision review time. In + the case of a new active ingredient application, until that new active ingredient is approved, any subsequent + application for another new product containing the same active ingredient or an amendment to the proposed + labeling will be deemed a new active ingredient application, subject to the registration service fee and + decision review time for a new active ingredient. In the case of a first food use application, until that + first food use is approved, any subsequent application for an additional new food use or uses will be subject + to the registration service fee and decision review time for a first food use. Any information that (a) was + neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's + initiative to support the application after completion of the technical deficiency screening, and (c) is not + itself a covered registration application, must be assessed 25% of the full registration service fee for the + new active ingredient or first food use application. +(3) An application for a new end-use product using a source of active ingredient that (a) is not yet registered + but (b) has an application pending with the Agency for review, will be considered an application for a new + product with an unregistered source of active ingredient. +(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast- + track amendments are to be completed within the timelines specified in FIFRA Section 3(c)(3)(B) and are not + subject to registration service fees. (c) Registrant-initiated fast-track amendments handled by the + Antimicrobials Division are to be completed within the timelines specified in FIFRA Section 3(h) and are not + subject to registration service fees. (d) Registrant initiated amendments submitted by notification under PR + Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration + service fees. (e) Submissions with data and requiring data review are subject to registration service fees. +(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for + the new use(s). All items in the covered application must be submitted together in one package. Each + application for an additional new product registration and new inert approval(s) that is submitted in the new + use application package is subject to the registration service fee for a new product or a new inert approval. + However, if a new use application only proposes to register the new use for a new product and there are no + amendments in the application, then review of one new product application is covered by the new use fee. All + such associated applications that are submitted together will be subject to the new use decision review time. + Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to + submission of the new use application and (b) prior to conclusion of its decision review time and (c) + containing the same new uses, will be deemed a separate new-use application, subject to a separate + registration service fee and new decision review time for a new use. If the new-use application includes non- + food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type + of new use and the longest decision review time applies to all of the new uses requested in the application. + Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the + applicant at the applicant's initiative to support the application after completion of the technical + deficiency screen, and (c) is not itself a covered registration application, must be assessed 25% of the full + registration service fee for the new use application. +(6) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. + + + + + ``TABLE 16. -- BIOPESTICIDES DIVISION -- OTHER ACTIONS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + B614 150 Pre-application; Conditional Ruling on 3 2,530 + rationales for addressing a data + requirement in lieu of data; + applicant-initiated; applies to one + rationale at a time. +---------------------------------------------------------------------------------------------------------------- + B615 151 Rebuttal of agency reviewed protocol, 3 2,530 + applicant initiated. +---------------------------------------------------------------------------------------------------------------- + B682 152 Protocol review; applicant initiated; 3 2,432 + excludes time for HSRB review. +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. + + + + + ``TABLE 17. -- BIOPESTICIDES DIVISION -- PIP +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + B740 153 Experimental Use Permit application; no 6 95,724 + petition for tolerance/tolerance + exemption. Includes: + ........................................... + 1. non-food/feed use(s) for a new (2) or + registered (3) PIP (12); + 2. food/feed use(s) for a new or registered + PIP with crop destruct (12); + 3. food/feed use(s) for a new or registered + PIP in which an established tolerance/ + tolerance exemption exists for the + intended use(s). (4)(12) +---------------------------------------------------------------------------------------------------------------- + B741 154 Experimental Use Permit application; no 12 159,538 + (new) petition for tolerance/tolerance + exemption. Includes: + ........................................... + 1. non-food/feed use(s) for a new (2) or + registered (3) PIP; + 2. food/feed use(s) for a new or registered + PIP with crop destruct; + 3. food/feed use(s) for a new or registered + PIP in which an established tolerance/ + tolerance exemption exists for the + intended use(s); + SAP Review. (12) +---------------------------------------------------------------------------------------------------------------- + B750 155 Experimental Use Permit application; with a 9 127,630 + petition to establish a temporary or + permanent tolerance/tolerance exemption + for the active ingredient. Includes new + food/feed use for a registered (3) PIP. + (4)(12) +---------------------------------------------------------------------------------------------------------------- + B770 156 Experimental Use Permit application; new 15 191,444 + (2) PIP; with petition to establish a + temporary tolerance/tolerance exemption + for the active ingredient; credit 75% of + B771 fee toward registration application + for a new active ingredient that follows; + SAP review. (5)(12) +---------------------------------------------------------------------------------------------------------------- + B771 157 Experimental Use Permit application; new 10 127,630 + (2) PIP; with petition to establish a + temporary tolerance/tolerance exemption + for the active ingredient; credit 75% of + B771 fee toward registration application + for a new active ingredient that follows. + (12) +---------------------------------------------------------------------------------------------------------------- + B772 158 Application to amend or extend an 3 12,764 + Experimental Use Permit; no petition since + the established tolerance/tolerance + exemption for the active ingredient is + unaffected. (12) +---------------------------------------------------------------------------------------------------------------- + B773 159 Application to amend or extend an 5 31,910 + Experimental Use Permit; with petition to + extend a temporary tolerance/tolerance + exemption for the active ingredient. (12) +---------------------------------------------------------------------------------------------------------------- + B780 160 Registration application; new (2) PIP; non- 12 159,537 + food/feed. (12) +---------------------------------------------------------------------------------------------------------------- + B790 161 Registration application; new (2) PIP; non- 18 223,351 + food/feed; SAP review. (5)(12) +---------------------------------------------------------------------------------------------------------------- + B800 162 Registration application; new (2) PIP; with 13 172,300 + petition to establish permanent tolerance/ + tolerance exemption for the active + ingredient based on an existing temporary + tolerance/tolerance exemption. (12) +---------------------------------------------------------------------------------------------------------------- + B810 163 Registration application; new (2) PIP; with 19 236,114 + petition to establish permanent tolerance/ + tolerance exemption for the active + ingredient based on an existing temporary + tolerance/tolerance exemption. SAP review. + (5)(12) +---------------------------------------------------------------------------------------------------------------- + B820 164 Registration application; new (2) PIP; with 15 204,208 + petition to establish or amend a permanent + tolerance/tolerance exemption of an active + ingredient. (12) +---------------------------------------------------------------------------------------------------------------- + B840 165 Registration application; new (2) PIP; with 21 268,022 + petition to establish or amend a permanent + tolerance/tolerance exemption of an active + ingredient. SAP review. (5)(12) +---------------------------------------------------------------------------------------------------------------- + B851 166 Registration application; new event of a 9 127,630 + previously registered PIP active + ingredient(s); no petition since permanent + tolerance/tolerance exemption is already + established for the active ingredient(s). + (12) +---------------------------------------------------------------------------------------------------------------- + B870 167 Registration application; registered (3) 9 38,290 + PIP; new product; new use; no petition + since a permanent tolerance/tolerance + exemption is already established for the + active ingredient(s). (4) (12) +---------------------------------------------------------------------------------------------------------------- + B880 168 Registration application; registered (3) 9 31,910 + PIP; new product or new terms of + registration; additional data submitted; + no petition since a permanent tolerance/ + tolerance exemption is already established + for the active ingredient(s). (6) (7) (12) +---------------------------------------------------------------------------------------------------------------- + B881 169 Registration application; registered (3) 15 95,724 + PIP; new product or new terms of + registration; additional data submitted; + no petition since a permanent tolerance/ + tolerance exemption is already established + for the active ingredient(s). SAP review. + (5)(6)(7)(12) +---------------------------------------------------------------------------------------------------------------- + B882 170 Registration application; new (2) PIP, seed 15 191,444 + (new) increase with negotiated acreage cap and + time-limited registration; with petition + to establish a permanent tolerance/ + tolerance exemption for the active + ingredient based on an existing temporary + tolerance/tolerance exemption; SAP Review. + (8)(12) +---------------------------------------------------------------------------------------------------------------- + B883 171 Registration application; new (2) PIP, seed 9 127,630 + increase with negotiated acreage cap and + time-limited registration; with petition + to establish a permanent tolerance/ + tolerance exemption for the active + ingredient based on an existing temporary + tolerance/tolerance exemption. (8) (12) +---------------------------------------------------------------------------------------------------------------- + B884 172 Registration application; new (2) PIP, seed 12 159,537 + increase with negotiated acreage cap and + time-limited registration; with petition + to establish a permanent tolerance/ + tolerance exemption for the active + ingredient. (8)(12) +---------------------------------------------------------------------------------------------------------------- + B885 173 Registration application; registered (3) 6 31,910 + PIP, seed increase; breeding stack of + previously approved PIPs, same crop; no + petition since a permanent tolerance/ + tolerance exemption is already established + for the active ingredient(s). (9)(12) +---------------------------------------------------------------------------------------------------------------- + B886 174 Registration application; new (2) PIP, seed 18 223,351 + (new) increase with negotiated acreage cap and + time-limited registration; with petition + to establish a permanent tolerance/ + tolerance exemption for the active + ingredient. SAP Review. (8) (12) +---------------------------------------------------------------------------------------------------------------- + B890 175 Application to amend a seed increase 9 63,816 + registration; converts registration to + commercial registration; no petition since + permanent tolerance/tolerance exemption is + already established for the active + ingredient(s). (12) +---------------------------------------------------------------------------------------------------------------- + B891 176 Application to amend a seed increase 15 127,630 + registration; converts registration to a + commercial registration; no petition since + a permanent tolerance/tolerance exemption + already established for the active + ingredient(s); SAP review. (5)(12) +---------------------------------------------------------------------------------------------------------------- + B900 177 Application to amend a registration, 6 12,764 + including actions such as extending an + expiration date, modifying an IRM plan, or + adding an insect to be controlled. + (10)(11)(12) +---------------------------------------------------------------------------------------------------------------- + B901 178 Application to amend a registration, 12 76,578 + including actions such as extending an + expiration date, modifying an IRM plan, or + adding an insect to be controlled. SAP + review. (10) (11) (12) +---------------------------------------------------------------------------------------------------------------- + B902 179 PIP Protocol review. 3 6,383 +---------------------------------------------------------------------------------------------------------------- + B903 180 Inert ingredient tolerance exemption; e.g., 6 63,816 + a marker such as NPT II; reviewed in BPPD. +---------------------------------------------------------------------------------------------------------------- + B904 181 Import tolerance or tolerance exemption; 9 127,630 + processed commodities/food only (inert or + active ingredient). +---------------------------------------------------------------------------------------------------------------- + B905 182 SAP Review. 6 63,816 + (new) +---------------------------------------------------------------------------------------------------------------- + B906 183 Petition to establish a temporary tolerance/ 3 31,907 + (new) tolerance exemption for one or more active + ingredients. +---------------------------------------------------------------------------------------------------------------- + B907 184 Petition to establish a temporary tolerance/ 3 12,764 + (new) tolerance exemption for one or more active + ingredients based on an existing temporary + tolerance/tolerance exemption. +---------------------------------------------------------------------------------------------------------------- + B908 185 Petition to establish a temporary tolerance/ 3 44,671 + (new) tolerance exemption for one or more active + ingredients or inert ingredients. +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) New PIP = a PIP with an active ingredient that has not been registered. +(3) Registered PIP = a PIP with an active ingredient that is currently registered. +(4) Transfer registered PIP through conventional breeding for new food/feed use, such as from field corn to + sweet corn. +(5) The scientific data involved in this category are complex. EPA often seeks technical advice from the + Scientific Advisory Panel on risks that pesticides pose to wildlife, farm workers, pesticide applicators, non- + target species, as well as insect resistance, and novel scientific issues surrounding new technologies. The + scientists of the SAP neither make nor recommend policy decisions. They provide advice on the science used to + make these decisions. Their advice is invaluable to the EPA as it strives to protect humans and the + environment from risks posed by pesticides. Due to the time it takes to schedule and prepare for meetings with + the SAP, additional time and costs are needed. +(6) Registered PIPs stacked through conventional breeding. +(7) Deployment of a registered PIP with a different IRM plan (e.g., seed blend). +(8) The negotiated acreage cap will depend upon EPA's determination of the potential environmental exposure, + risk(s) to non-target organisms, and the risk of targeted pest developing resistance to the pesticidal + substance. The uncertainty of these risks may reduce the allowable acreage, based upon the quantity and type + of non-target organism data submitted and the lack of insect resistance management data, which is usually not + required for seed-increase registrations. Registrants are encouraged to consult with EPA prior to submission + of a registration application in this category. +(9) Application can be submitted prior to or concurrently with an application for commercial registration. +(10) For example, IRM plan modifications that are applicant-initiated. +(11) EPA-initiated amendments shall not be charged fees. +(12) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. + + + + + ``TABLE 18. -- INERT INGREDIENTS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + I001 186 Approval of new food use inert 13 27,000 + ingredient. (2)(3) +---------------------------------------------------------------------------------------------------------------- + I002 187 Amend currently approved inert 11 7,500 + ingredient tolerance or exemption from + tolerance; new data. (2) +---------------------------------------------------------------------------------------------------------------- + I003 188 Amend currently approved inert 9 3,308 + ingredient tolerance or exemption from + tolerance; no new data. (2) +---------------------------------------------------------------------------------------------------------------- + I004 189 Approval of new non-food use inert 6 11,025 + ingredient. (2) +---------------------------------------------------------------------------------------------------------------- + I005 190 Amend currently approved non-food use 6 5,513 + inert ingredient with new use pattern; + new data. (2) +---------------------------------------------------------------------------------------------------------------- + I006 191 Amend currently approved non-food use 3 3,308 + inert ingredient with new use pattern; + no new data. (2) +---------------------------------------------------------------------------------------------------------------- + I007 192 Approval of substantially similar non- 4 1,654 + food use inert ingredients when + original inert is compositionally + similar with similar use pattern. (2) +---------------------------------------------------------------------------------------------------------------- + I008 193 Approval of new or amended polymer inert 5 3,749 + ingredient, food use. (2) +---------------------------------------------------------------------------------------------------------------- + I009 194 Approval of new or amended polymer inert 4 3,087 + ingredient, non-food use. (2) +---------------------------------------------------------------------------------------------------------------- + I010 195 Petition to amend a single tolerance 6 1,654 + exemption descriptor, or single non- + food use descriptor, to add 10 CASRNs; + no new data. (2) +---------------------------------------------------------------------------------------------------------------- + I011 196 (new) Approval of new food use safener with 24 597,683 + tolerance or exemption from tolerance. + (2)(8) +---------------------------------------------------------------------------------------------------------------- + I012 197 (new) Approval of new non-food use safener. 21 415,241 + (2)(8) +---------------------------------------------------------------------------------------------------------------- + I013 198 (new) Approval of additional food use for 15 62,975 + previously approved safener with + tolerance or exemption from tolerance. + (2) +---------------------------------------------------------------------------------------------------------------- + I014 199 (new) Approval of additional non-food use for 15 25,168 + previously approved safener. (2) +---------------------------------------------------------------------------------------------------------------- + I015 200 (new) Approval of new generic data for 24 269,728 + previously approved food use safener. + (2) +---------------------------------------------------------------------------------------------------------------- + I016 201 (new) Approval of amendment(s) to tolerance 13 55,776 + and label for previously approved + safener. (2) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) If another covered application is submitted that depends upon an application to approve an inert ingredient, + each application will be subject to its respective registration service fee. The decision review time line for + both submissions will be the longest of the associated applications. If the application covers multiple + ingredients grouped by EPA into one chemical class, a single registration service fee will be assessed for + approval of those ingredients. +(3) If EPA data rules are amended to newly require clearance under section 408 of the FFDCA for an ingredient of + an antimicrobial product where such ingredient was not previously subject to such a clearance, then review of + the data for such clearance of such product is not subject to a registration service fee for the tolerance + action for two years from the effective date of the rule. +(4) Any other covered application that is associated with and dependent on the HSRB review will be subject to + its separate registration service fee. The decision review times for the associated actions run concurrently, + but will end at the date of the latest review time. +(5) Any other covered application that is associated with and dependent on the SAP review will be subject to its + separate registration service fee. The decision review time for the associated action will be extended by the + decision review time for the SAP review. +(6) An application for a new end-use product using a source of active ingredient that (a) is not yet registered + but (b) has an application pending with the Agency for review, will be considered an application for a new + product with an unregistered source of active ingredient. +(7) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. +(8) If a new safener is submitted in the same package as a new active ingredient, and that new active ingredient + is determined to be reduced risk, then the safener would get the same reduced timeframe as the new active + ingredient. + + + + + ``TABLE 19. -- EXTERNAL REVIEW AND MISCELLANEOUS ACTIONS +---------------------------------------------------------------------------------------------------------------- + Registration + EPA No. New CR Action Decision Review Time Service Fee + No. (Months)(1) ($) +---------------------------------------------------------------------------------------------------------------- + M001 202 Study protocol requiring Human Studies 9 7,938 + Review Board review as defined in 40 + CFR Part 26 in support of an active + ingredient. (4) +---------------------------------------------------------------------------------------------------------------- + M002 203 Completed study requiring Human 9 7,938 + Studies Review Board review as + defined in 40 CFR Part 26 in support + of an active ingredient. (4) +---------------------------------------------------------------------------------------------------------------- + M003 204 External technical peer review of new 12 63,945 + active ingredient, product, or + amendment (e.g., consultation with + FIFRA Scientific Advisory Panel) for + an action with a decision timeframe + of less than 12 months. Applicant + initiated request based on a + requirement of the Administrator, as + defined by FIFRA Sec. 25(d), in + support of a novel active ingredient, + or unique use pattern or application + technology. Excludes PIP active + ingredients. (5) +---------------------------------------------------------------------------------------------------------------- + M004 205 External technical peer review of new 18 63,945 + active ingredient, product, or + amendment (e.g., consultation with + FIFRA Scientific Advisory Panel) for + an action with a decision timeframe + of greater than 12 months. Applicant + initiated request based on a + requirement of the Administrator, as + defined by FIFRA Sec. 25(d), in + support of a novel active ingredient, + or unique use pattern or application + technology. Excludes PIP active + ingredients. (5) +---------------------------------------------------------------------------------------------------------------- + M005 206 New Product: Combination, Contains a 9 22,050 + combination of active ingredients + from a registered and/or unregistered + source; conventional, antimicrobial + and/or biopesticide. Requires + coordination with other regulatory + divisions to conduct review of data, + label and/or verify the validity of + existing data as cited. Only existing + uses for each active ingredient in + the combination product. (6)(7) +---------------------------------------------------------------------------------------------------------------- + M006 207 Request for up to 5 letters of 1 277 + certification (Gold Seal) for one + actively registered product (excludes + distributor products). (8) +---------------------------------------------------------------------------------------------------------------- + M007 208 Request to extend Exclusive Use of 12 5,513 + data as provided by FIFRA Section + 3(c)(1)(F)(ii). +---------------------------------------------------------------------------------------------------------------- + M008 209 Request to grant Exclusive Use of data 15 1,654 + as provided by FIFRA Section + 3(c)(1)(F)(vi) for a minor use, when + a FIFRA Section 2(ll)(2) + determination is required. +---------------------------------------------------------------------------------------------------------------- + M009 210 (new) Non-FIFRA Regulated Determination: 4 2,363 + Applicant initiated, per product. +---------------------------------------------------------------------------------------------------------------- + M010 211 (new) Conditional ruling on pre-application, 4 2,363 + product substantial similarity. +---------------------------------------------------------------------------------------------------------------- + M011 212 (new) Label amendment to add the DfE logo; 4 3,648 + requires data review; no other label + changes. (9) +---------------------------------------------------------------------------------------------------------------- +(1) A decision review time that would otherwise end on a Saturday, Sunday, or federal holiday, will be extended + to end on the next business day. +(2) If another covered application is submitted that depends upon an application to approve an inert ingredient, + each application will be subject to its respective registration service fee. The decision review time line for + both submissions will be the longest of the associated applications. If the application covers multiple + ingredients grouped by EPA into one chemical class, a single registration service fee will be assessed for + approval of those ingredients. +(3) If EPA data rules are amended to newly require clearance under section 408 of the FFDCA for an ingredient of + an antimicrobial product where such ingredient was not previously subject to such a clearance, then review of + the data for such clearance of such product is not subject to a registration service fee for the tolerance + action for two years from the effective date of the rule. +(4) Any other covered application that is associated with and dependent on the HSRB review will be subject to + its separate registration service fee. The decision review times for the associated actions run concurrently, + but will end at the date of the latest review time. +(5) Any other covered application that is associated with and dependent on the SAP review will be subject to its + separate registration service fee. The decision review time for the associated action will be extended by the + decision review time for the SAP review. +(6) An application for a new end-use product using a source of active ingredient that (a) is not yet registered + but (b) has an application pending with the Agency for review, will be considered an application for a new + product with an unregistered source of active ingredient. +(7) Where the action involves approval of a new or amended label, on or before the end date of the decision + review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by + the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. + The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with + the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency- + stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the + Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without + prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases + described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the + final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as + in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency- + stamped label to the registrant within 2 business days following the registrant's written or electronic + confirmation of agreement to the Agency. +(8) Due to low fee and short time frame this category is not eligible for small business waivers. Gold seal + applies to one registered product. +(9) This category includes amendments the sole purpose of which is to add DfE (or equivalent terms that do not + use ``safe'' or derivatives of ``safe'') logos to a label. DfE is a voluntary program. A label bearing a DfE + logo is not considered an Agency endorsement because the ingredients in the qualifying product must meet + objective, scientific criteria established and widely publicized by EPA.''. + + +''.SEC. 7. AGRICULTURAL WORKER PROTECTION STANDARD; CERTIFICATION OF +PESTICIDE APPLICATORS. + (a) In General.--Except as provided in subsection (b), during the +period beginning on the date of enactment of this Act and ending not +earlier than October 1, 2021, the Administrator of the Environmental +Protection Agency (referred to in this section as the +``Administrator'')-- + (1) shall carry out-- + (A) the final rule of the Administrator entitled + ``Pesticides; Agricultural Worker Protection Standard + Revisions'' (80 Fed. Reg. 67496 (November 2, 2015)); and + (B) the final rule of the Administrator entitled + ``Pesticides; Certification of Pesticide Applicators'' (82 Fed. + Reg. 952 (January 4, 2017)); and + (2) shall not revise or develop revisions to the rules + described in subparagraphs (A) and (B) of paragraph (1). + (b) Exceptions.--Prior to October 1, 2021, the Administrator may +propose, and after a notice and public comment period of not less than +90 days, promulgate revisions to the final rule described in subsection +(a)(1)(A) addressing application exclusion zones under part 170 of +title 40, Code of Federal Regulations, consistent with the Federal +Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). + (c) GAO Report.--The Comptroller General of the United States +shall-- + (1) conduct a study on the use of the designated + representative, including the effect of that use on the + availability of pesticide application and hazard information and + worker health and safety; and + (2) not later than October 1, 2021, make publically available a + report describing the study under paragraph (1), including any + recommendations to prevent the misuse of pesticide application and + hazard information, if that misuse is identified. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From ef95c7fdd77b93e2a3329f42dd8cc5738a452e6e Mon Sep 17 00:00:00 2001 From: "Sen. Daines, Steve [R-MT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 728/984] Senate-490: Introduced to Senate --- bills_text/Senate-490.txt | 55 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 55 insertions(+) create mode 100644 bills_text/Senate-490.txt diff --git a/bills_text/Senate-490.txt b/bills_text/Senate-490.txt new file mode 100644 index 0000000..b93d836 --- /dev/null +++ b/bills_text/Senate-490.txt @@ -0,0 +1,55 @@ +116th CONGRESS + 1st Session + S. 490 + + To designate a mountain ridge in the State of Montana as ``B-47 + Ridge''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 14, 2019 + +Mr. Daines (for himself and Mr. Tester) introduced the following bill; + which was read twice and referred to the Committee on Energy and + Natural Resources + +_______________________________________________________________________ + + A BILL + + + + To designate a mountain ridge in the State of Montana as ``B-47 + Ridge''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``B-47 Ridge Designation Act''. + +SEC. 2. DESIGNATION OF B-47 RIDGE, MONTANA. + + (a) Designation.-- + (1) In general.--The unnamed mountain ridge located at + 4514'40.89"N, 11043'38.75"W that runs south and west of + Emigrant Peak in the Absaroka Range in the State of Montana, + which is the approximate site of a crash of a B-47, shall be + known and designated as ``B-47 Ridge''. + (2) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the + ridge described in paragraph (1) shall be deemed to be a + reference to ``B-47 Ridge''. + (b) Authorization for Plaque.-- + (1) In general.--A plaque that memorializes the crash of + the B-47 (including denoting the names of the victims of the + crash) may be installed on B-47 Ridge. + (2) Funding.--No Federal funds may be used to design, + procure, install, or maintain the plaque authorized under + paragraph (1). + \ No newline at end of file From f330d68d5e42c6a7a54e99196eb22c00141b85e4 Mon Sep 17 00:00:00 2001 From: "Sen. Daines, Steve [R-MT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 729/984] Senate-490: Engrossed in Senate --- bills_text/Senate-490.txt | 56 +++++++++++++++++++++++---------------- 1 file changed, 33 insertions(+), 23 deletions(-) diff --git a/bills_text/Senate-490.txt b/bills_text/Senate-490.txt index b93d836..aefef7b 100644 --- a/bills_text/Senate-490.txt +++ b/bills_text/Senate-490.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 490 - To designate a mountain ridge in the State of Montana as ``B-47 - Ridge''. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - February 14, 2019 - -Mr. Daines (for himself and Mr. Tester) introduced the following bill; - which was read twice and referred to the Committee on Energy and - Natural Resources - _______________________________________________________________________ - A BILL + AN ACT @@ -37,7 +22,7 @@ SEC. 2. DESIGNATION OF B-47 RIDGE, MONTANA. (a) Designation.-- (1) In general.--The unnamed mountain ridge located at - 4514'40.89"N, 11043'38.75"W that runs south and west of + 4514'40.89" N., 11043'38.75" W. that runs south and west of Emigrant Peak in the Absaroka Range in the State of Montana, which is the approximate site of a crash of a B-47, shall be known and designated as ``B-47 Ridge''. @@ -46,10 +31,35 @@ SEC. 2. DESIGNATION OF B-47 RIDGE, MONTANA. ridge described in paragraph (1) shall be deemed to be a reference to ``B-47 Ridge''. (b) Authorization for Plaque.-- - (1) In general.--A plaque that memorializes the crash of - the B-47 (including denoting the names of the victims of the - crash) may be installed on B-47 Ridge. - (2) Funding.--No Federal funds may be used to design, + (1) In general.--The Secretary of Agriculture may authorize + the installation and maintenance of a plaque on B-47 Ridge + that-- + (A) memorializes the 1962 crash of the B-47 + aircraft at the site; and + (B) may include the names of the victims of the + crash. + (2) Authorized terms and conditions.--The Secretary of + Agriculture may include any terms and conditions in the + authorization for a plaque under paragraph (1) that the + Secretary of Agriculture determines to be necessary. + (3) Funding.--No Federal funds may be used to design, procure, install, or maintain the plaque authorized under paragraph (1). - \ No newline at end of file + + Passed the Senate February 12, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 490 + +_______________________________________________________________________ + + AN ACT + + To designate a mountain ridge in the State of Montana as ``B-47 + Ridge''. From 16ff0642614db43a82dce10102a6c9d52a957869 Mon Sep 17 00:00:00 2001 From: "Sen. Daines, Steve [R-MT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 730/984] Senate-490: Enrolled --- bills_text/Senate-490.txt | 92 +++++++++++++++++---------------------- 1 file changed, 40 insertions(+), 52 deletions(-) diff --git a/bills_text/Senate-490.txt b/bills_text/Senate-490.txt index aefef7b..8015be5 100644 --- a/bills_text/Senate-490.txt +++ b/bills_text/Senate-490.txt @@ -1,65 +1,53 @@ -116th CONGRESS - 2d Session - S. 490 + S.490 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate a mountain ridge in the State of Montana as ``B-47 - Ridge''. +To designate a mountain ridge in the State of Montana as ``B-47 Ridge''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``B-47 Ridge Designation Act''. - SEC. 2. DESIGNATION OF B-47 RIDGE, MONTANA. - (a) Designation.-- - (1) In general.--The unnamed mountain ridge located at - 4514'40.89" N., 11043'38.75" W. that runs south and west of - Emigrant Peak in the Absaroka Range in the State of Montana, - which is the approximate site of a crash of a B-47, shall be - known and designated as ``B-47 Ridge''. - (2) References.--Any reference in a law, map, regulation, - document, paper, or other record of the United States to the - ridge described in paragraph (1) shall be deemed to be a - reference to ``B-47 Ridge''. + (1) In general.--The unnamed mountain ridge located at + 4514'40.89" N., 11043'38.75" W. that runs south and west of + Emigrant Peak in the Absaroka Range in the State of Montana, which + is the approximate site of a crash of a B-47, shall be known and + designated as ``B-47 Ridge''. + (2) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the ridge + described in paragraph (1) shall be deemed to be a reference to + ``B-47 Ridge''. (b) Authorization for Plaque.-- - (1) In general.--The Secretary of Agriculture may authorize - the installation and maintenance of a plaque on B-47 Ridge - that-- - (A) memorializes the 1962 crash of the B-47 - aircraft at the site; and - (B) may include the names of the victims of the - crash. - (2) Authorized terms and conditions.--The Secretary of - Agriculture may include any terms and conditions in the - authorization for a plaque under paragraph (1) that the - Secretary of Agriculture determines to be necessary. - (3) Funding.--No Federal funds may be used to design, - procure, install, or maintain the plaque authorized under - paragraph (1). - - Passed the Senate February 12, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 490 - -_______________________________________________________________________ - - AN ACT - - To designate a mountain ridge in the State of Montana as ``B-47 - Ridge''. + (1) In general.--The Secretary of Agriculture may authorize the + installation and maintenance of a plaque on B-47 Ridge that-- + (A) memorializes the 1962 crash of the B-47 aircraft at the + site; and + (B) may include the names of the victims of the crash. + (2) Authorized terms and conditions.--The Secretary of + Agriculture may include any terms and conditions in the + authorization for a plaque under paragraph (1) that the Secretary + of Agriculture determines to be necessary. + (3) Funding.--No Federal funds may be used to design, procure, + install, or maintain the plaque authorized under paragraph (1). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 7a8d3cf1420ed6f580a1154409a61c0d97d08160 Mon Sep 17 00:00:00 2001 From: "Sen. Sinema, Kyrsten [D-AZ]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 731/984] Senate-504: Introduced to Senate --- bills_text/Senate-504.txt | 222 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 222 insertions(+) create mode 100644 bills_text/Senate-504.txt diff --git a/bills_text/Senate-504.txt b/bills_text/Senate-504.txt new file mode 100644 index 0000000..0fc7971 --- /dev/null +++ b/bills_text/Senate-504.txt @@ -0,0 +1,222 @@ +116th CONGRESS + 1st Session + S. 504 + +To amend title 36, United States Code, to authorize The American Legion + to determine the requirements for membership in The American Legion, + and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 14, 2019 + +Ms. Sinema (for herself and Mr. Tillis) introduced the following bill; + which was read twice and referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To amend title 36, United States Code, to authorize The American Legion + to determine the requirements for membership in The American Legion, + and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Let Everyone Get Involved in +Opportunities for National Service Act'' or the ``LEGION Act''. + +SEC. 2. FINDINGS AND SENSE OF CONGRESS. + + (a) Findings.--Congress makes the following findings: + (1) Since the end of World War II, the Federal Government + has designated specific periods of war, the dates of which are + important for qualification for certain benefits or membership + in veterans organizations established by Congress. + (2) In between those recognized periods of war, during so- + called peacetime eras, the United States military has been + involved in not fewer than 12 known eras, which are + unrecognized by the United States Government as periods of war, + resulting in numerous United States personnel combat + casualties. + (3) Those 12 unrecognized war eras occurred at the + direction of the then President of the United States, with full + knowledge and consent of the then Congress. + (4) The first of those 12 unrecognized war eras involving + active United States military personnel was the Greek Civil + War, fought in Greece from 1946 to 1949 between the army of the + Government of Greece, supported by active military personal of + the United States and the United Kingdom, and the Democratic + Army of Greece, the military branch of the Communist Party of + Greece. + (5) During the Greek Civil War, one member of the Armed + Forces of the United States sacrificed his life in service to + the United States, and five others suffered non-combat deaths. + (6) The second of those unrecognized war eras involving + active United States military personnel was the Chinese Civil + War, which occurred during the aftermath of World War II. + (7) During the Chinese Civil War, the United States + military equipped, trained, transported, and supplied the + Kuomintang-led Government of the Republic of China with + approximately $4,430,000,000 in its resistance to the Communist + Party of China. + (8) During the Chinese Civil War, 14 members of the Armed + Forces of the United States sacrificed their lives in service + to the United States, 150 non-combatants of the United States + lost their lives in the war, and 51 were wounded, resulting in + 215 United States military casualties. + (9) The third unrecognized war era involving active United + States military personnel is known as the Cold War. + (10) The Cold War was a period spanning from approximately + 1947 until 1991 when the Soviet Union collapsed. + (11) Although no direct large-scale military fighting + occurred between the militaries of the United States and the + Soviet Union, active United States military personnel served in + multiple regional conflicts during the Cold War, resulting in + the deaths of not fewer than 32 members of the Armed Forces who + sacrificed their lives in service to the United States and not + fewer than 12 additional casualties. + (12) The fourth unrecognized war era involving active + United States military personnel is known as the China Cold + War. + (13) The China Cold War started when the Kuomintang-led + Government of the Republic of China retreated to the island of + Taiwan and lasted until 1972, after President Richard Nixon + conducted a landmark state visit to China. + (14) During the military operations of the China Cold War, + not fewer than 16 members of the Armed Forces of the United + States sacrificed their lives in service to the United States. + (15) The fifth unrecognized war era involving active United + States military personnel was the Lebanon Crisis of 1958, which + involved more than 14,000 United States personnel and resulted + in the death of one member of the Armed Forces who sacrificed + his life in service to the United States and five non-combat + deaths. + (16) The sixth unrecognized war era involving active United + States military personnel was the Bay of Pigs invasion in April + 1961. + (17) The Bay of Pigs invasion was a failed military + invasion of Cuba undertaken by a United States military group + sponsored by the Central Intelligence Agency that resulted in + not fewer than one death of a member of the Armed Forces who + sacrificed his life in service to the United States and 19 non- + combat deaths. + (18) The seventh unrecognized war era involving active + United States military personnel was the Cuban Missile Crisis, + which took place between October 16 and October 28, 1962. + (19) The Cuban Missile Crisis directly related to homeland + protection against the deployment of a Soviet ballistic missile + in Cuba. + (20) During the Cuban Missile Crisis, one member of the + Armed Forces sacrificed his life in service to the United + States and 19 others died as non-combatants. + (21) The eighth unrecognized war era involving active + United States military personnel was the Dominican Civil War in + 1965. + (22) Operations during the Dominican Civil War resulted in + the deaths of 27 members of the Armed Forces who sacrificed + their lives in service to the United States, 20 non-combat- + related deaths, and 283 wounded. + (23) The ninth unrecognized war era involving active United + States military personnel was the Iran Hostage Crisis, which + lasted from November 4, 1979, through January 20, 1981. + (24) The Iran Hostage Crisis involved military intervention + by the United States which resulted in the deaths of 8 members + of the Armed Forces who sacrificed their lives in service to + United States. + (25) The tenth unrecognized war era involving active United + States military personnel was the Salvadoran Civil War. + (26) The Salvadoran Civil War lasted more than 12 years, + through the terms of two Presidential administrations of the + United States, and resulted in the deaths of 22 members of the + Armed Forces who sacrificed their lives in service to the + United States, 15 non-combat deaths, and 35 other casualties. + (27) The 11th unrecognized war era involving active United + States military personnel started on April 5, 1986, when the La + Belle discotheque in West Berlin, Germany, was bombed, killing + two United States soldiers and wounding 79 other members of the + Armed Forces, which triggered what became known as the Libyan + Conflict. + (28) The military operations of the Libyan Conflict + included numerous air strikes by United States military forces + and resulted in the deaths of two members of the Armed Forces + who sacrificed their lives in service to the United States. + (29) The Libyan Conflict led to the 12th unrecognized war + era involving active United States military personnel, known + collectively as the Persian Gulf Conflicts, which lasted from + July 24, 1987, through September 26, 1988. + (30) The Persian Gulf Conflicts involved United States + military missions to protect Kuwaiti-owned oil tankers which + represented the largest United States naval convoy operation + since World War II. + (31) The Persian Gulf Conflicts resulted in numerous + military operations and the deaths of not fewer than 39 members + of the Armed Forces who sacrificed their lives in service to + the United States and 31 wounded. + (32) Since the armistice that ended the hostilities of the + Korean War on January 31, 1955, nearly 100 active United States + military personnel have sacrificed their lives in service to + the United States in South Korea, and more than 132 people of + the United States have been wounded in-country. + (33) Since January 1, 1947, through all of the unrecognized + war eras involving active United States military personnel, not + fewer than 778 combat and non-combat members of the Armed + Forces have sacrificed their lives in service to the United + States and not fewer than 797 have been wounded. + (34) Since January 1, 1947, the unrecognized war eras + involving active United States military personnel who were + wounded and killed serving their country were administered + under orders from the commander in chief and with the consent + of Congress, proving that the United States has been conducting + deadly wartime service to protect the country consistently + since December 7, 1941. + (35) Eligibility for membership in The American Legion is + determined by Congress through the establishment of specific + dates of declared and officially recognized hostilities in + which United States military personnel are on active service. + (36) The American Legion provides invaluable services to + its members and supports the community of veterans who + sacrificed in service of the United States. + (37) Membership in The American Legion allows veterans to + engage in public service activities, such as supporting Boys + and Girls State and Nation, youth mentorship programs, and + benefit assistance, career fairs, and employment assistance for + veterans. + (38) The American Legion has gone on record as supporting + the 12 unrecognized war eras involving active United States + military personnel since the beginning of World War II. + (39) The American Legion has aided, assisted, and comforted + the families of the men and women who were called to serve or + volunteered to serve during all of the unrecognized war eras + and continues to provide support to veterans of those eras. + (40) The American Legion has commended the heroic actions + of all military personnel who risked their lives in defense of + freedom during each of the unrecognized war eras involving + active United States military personnel. + (b) Sense of Congress.--It is the sense of Congress that, in +accordance with the history, tradition, and purposes of The American +Legion, it is fair, proper, and reasonable that the privilege of +membership in The American Legion should be extended to all military +personnel who served on active military duty during all of the +unrecognized war eras involving active United States military +personnel. + +SEC. 3. ELIGIBILITY FOR MEMBERSHIP IN THE AMERICAN LEGION. + + Section 21703(1)(A) of title 36, United States Code, is amended-- + (1) in clause (vi), by striking ``or''; and + (2) by adding at the end the following new clause: + ``(viii) such other beginning dates through + such other ending dates as are provided in the + constitution and bylaws of the corporation; + or''. + \ No newline at end of file From b55fcef680d85277845cf7c0034aecec0c2fc05a Mon Sep 17 00:00:00 2001 From: "Sen. Sinema, Kyrsten [D-AZ]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 732/984] Senate-504: Engrossed in Senate --- bills_text/Senate-504.txt | 72 ++++++++++++++++++++++++++------------- 1 file changed, 48 insertions(+), 24 deletions(-) diff --git a/bills_text/Senate-504.txt b/bills_text/Senate-504.txt index 0fc7971..16b5dd2 100644 --- a/bills_text/Senate-504.txt +++ b/bills_text/Senate-504.txt @@ -2,24 +2,9 @@ 1st Session S. 504 -To amend title 36, United States Code, to authorize The American Legion - to determine the requirements for membership in The American Legion, - and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - February 14, 2019 - -Ms. Sinema (for herself and Mr. Tillis) introduced the following bill; - which was read twice and referred to the Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -212,11 +197,50 @@ personnel. SEC. 3. ELIGIBILITY FOR MEMBERSHIP IN THE AMERICAN LEGION. - Section 21703(1)(A) of title 36, United States Code, is amended-- - (1) in clause (vi), by striking ``or''; and - (2) by adding at the end the following new clause: - ``(viii) such other beginning dates through - such other ending dates as are provided in the - constitution and bylaws of the corporation; - or''. - \ No newline at end of file + Section 21703 of title 36, United States Code, is amended-- + (1) in paragraph (1)-- + (A) in subparagraph (A), by striking ``during any + period from--'' and all that follows through the end of + clause (vii) and inserting the following: ``during-- + ``(i) the period from April 6, 1917, + through November 11, 1918; or + ``(ii) any time after December 7, 1941; + or''; and + (B) in subparagraph (B), by inserting ``or time'' + after ``a period''; and + (2) in paragraph (2), by inserting ``or time'' after ``that + period''. + +SEC. 4. NONDISCRIMINATION WITH RESPECT TO THE REQUIREMENTS FOR HOLDING + A STAFF POSITION IN THE AMERICAN LEGION. + + (a) In General.--Chapter 217 of title 36, United States Code, is +amended by inserting after section 21704 the following new section: +``Sec. 21704A. Nondiscrimination + ``The requirements for holding a staff position in the corporation +may not discriminate on the basis of race, color, religion, sex, or +national origin.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +21704 the following new item: + +``21704A. Nondiscrimination.''. + + Passed the Senate June 11, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 504 + +_______________________________________________________________________ + + AN ACT + +To amend title 36, United States Code, to authorize The American Legion + to determine the requirements for membership in The American Legion, + and for other purposes. From f3bcc90b36c89c94e06f5fea89d8531c6c065ac2 Mon Sep 17 00:00:00 2001 From: "Sen. Sinema, Kyrsten [D-AZ]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 733/984] Senate-504: Enrolled --- bills_text/Senate-504.txt | 392 ++++++++++++++++++-------------------- 1 file changed, 184 insertions(+), 208 deletions(-) diff --git a/bills_text/Senate-504.txt b/bills_text/Senate-504.txt index 16b5dd2..4574dbb 100644 --- a/bills_text/Senate-504.txt +++ b/bills_text/Senate-504.txt @@ -1,192 +1,186 @@ -116th CONGRESS - 1st Session - S. 504 + S.504 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To amend title 36, United States Code, to authorize The American Legion - to determine the requirements for membership in The American Legion, - and for other purposes. +to determine the requirements for membership in The American Legion, and + for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Let Everyone Get Involved in Opportunities for National Service Act'' or the ``LEGION Act''. - SEC. 2. FINDINGS AND SENSE OF CONGRESS. - (a) Findings.--Congress makes the following findings: - (1) Since the end of World War II, the Federal Government - has designated specific periods of war, the dates of which are - important for qualification for certain benefits or membership - in veterans organizations established by Congress. - (2) In between those recognized periods of war, during so- - called peacetime eras, the United States military has been - involved in not fewer than 12 known eras, which are - unrecognized by the United States Government as periods of war, - resulting in numerous United States personnel combat - casualties. - (3) Those 12 unrecognized war eras occurred at the - direction of the then President of the United States, with full - knowledge and consent of the then Congress. - (4) The first of those 12 unrecognized war eras involving - active United States military personnel was the Greek Civil - War, fought in Greece from 1946 to 1949 between the army of the - Government of Greece, supported by active military personal of - the United States and the United Kingdom, and the Democratic - Army of Greece, the military branch of the Communist Party of - Greece. - (5) During the Greek Civil War, one member of the Armed - Forces of the United States sacrificed his life in service to - the United States, and five others suffered non-combat deaths. - (6) The second of those unrecognized war eras involving - active United States military personnel was the Chinese Civil - War, which occurred during the aftermath of World War II. - (7) During the Chinese Civil War, the United States - military equipped, trained, transported, and supplied the - Kuomintang-led Government of the Republic of China with - approximately $4,430,000,000 in its resistance to the Communist - Party of China. - (8) During the Chinese Civil War, 14 members of the Armed - Forces of the United States sacrificed their lives in service - to the United States, 150 non-combatants of the United States - lost their lives in the war, and 51 were wounded, resulting in - 215 United States military casualties. - (9) The third unrecognized war era involving active United - States military personnel is known as the Cold War. - (10) The Cold War was a period spanning from approximately - 1947 until 1991 when the Soviet Union collapsed. - (11) Although no direct large-scale military fighting - occurred between the militaries of the United States and the - Soviet Union, active United States military personnel served in - multiple regional conflicts during the Cold War, resulting in - the deaths of not fewer than 32 members of the Armed Forces who - sacrificed their lives in service to the United States and not - fewer than 12 additional casualties. - (12) The fourth unrecognized war era involving active - United States military personnel is known as the China Cold - War. - (13) The China Cold War started when the Kuomintang-led - Government of the Republic of China retreated to the island of - Taiwan and lasted until 1972, after President Richard Nixon - conducted a landmark state visit to China. - (14) During the military operations of the China Cold War, - not fewer than 16 members of the Armed Forces of the United - States sacrificed their lives in service to the United States. - (15) The fifth unrecognized war era involving active United - States military personnel was the Lebanon Crisis of 1958, which - involved more than 14,000 United States personnel and resulted - in the death of one member of the Armed Forces who sacrificed - his life in service to the United States and five non-combat - deaths. - (16) The sixth unrecognized war era involving active United - States military personnel was the Bay of Pigs invasion in April - 1961. - (17) The Bay of Pigs invasion was a failed military - invasion of Cuba undertaken by a United States military group - sponsored by the Central Intelligence Agency that resulted in - not fewer than one death of a member of the Armed Forces who - sacrificed his life in service to the United States and 19 non- - combat deaths. - (18) The seventh unrecognized war era involving active - United States military personnel was the Cuban Missile Crisis, - which took place between October 16 and October 28, 1962. - (19) The Cuban Missile Crisis directly related to homeland - protection against the deployment of a Soviet ballistic missile - in Cuba. - (20) During the Cuban Missile Crisis, one member of the - Armed Forces sacrificed his life in service to the United - States and 19 others died as non-combatants. - (21) The eighth unrecognized war era involving active - United States military personnel was the Dominican Civil War in - 1965. - (22) Operations during the Dominican Civil War resulted in - the deaths of 27 members of the Armed Forces who sacrificed - their lives in service to the United States, 20 non-combat- - related deaths, and 283 wounded. - (23) The ninth unrecognized war era involving active United - States military personnel was the Iran Hostage Crisis, which - lasted from November 4, 1979, through January 20, 1981. - (24) The Iran Hostage Crisis involved military intervention - by the United States which resulted in the deaths of 8 members - of the Armed Forces who sacrificed their lives in service to - United States. - (25) The tenth unrecognized war era involving active United - States military personnel was the Salvadoran Civil War. - (26) The Salvadoran Civil War lasted more than 12 years, - through the terms of two Presidential administrations of the - United States, and resulted in the deaths of 22 members of the - Armed Forces who sacrificed their lives in service to the - United States, 15 non-combat deaths, and 35 other casualties. - (27) The 11th unrecognized war era involving active United - States military personnel started on April 5, 1986, when the La - Belle discotheque in West Berlin, Germany, was bombed, killing - two United States soldiers and wounding 79 other members of the - Armed Forces, which triggered what became known as the Libyan - Conflict. - (28) The military operations of the Libyan Conflict - included numerous air strikes by United States military forces - and resulted in the deaths of two members of the Armed Forces - who sacrificed their lives in service to the United States. - (29) The Libyan Conflict led to the 12th unrecognized war - era involving active United States military personnel, known - collectively as the Persian Gulf Conflicts, which lasted from - July 24, 1987, through September 26, 1988. - (30) The Persian Gulf Conflicts involved United States - military missions to protect Kuwaiti-owned oil tankers which - represented the largest United States naval convoy operation - since World War II. - (31) The Persian Gulf Conflicts resulted in numerous - military operations and the deaths of not fewer than 39 members - of the Armed Forces who sacrificed their lives in service to - the United States and 31 wounded. - (32) Since the armistice that ended the hostilities of the - Korean War on January 31, 1955, nearly 100 active United States - military personnel have sacrificed their lives in service to - the United States in South Korea, and more than 132 people of - the United States have been wounded in-country. - (33) Since January 1, 1947, through all of the unrecognized - war eras involving active United States military personnel, not - fewer than 778 combat and non-combat members of the Armed - Forces have sacrificed their lives in service to the United - States and not fewer than 797 have been wounded. - (34) Since January 1, 1947, the unrecognized war eras - involving active United States military personnel who were - wounded and killed serving their country were administered - under orders from the commander in chief and with the consent - of Congress, proving that the United States has been conducting - deadly wartime service to protect the country consistently - since December 7, 1941. - (35) Eligibility for membership in The American Legion is - determined by Congress through the establishment of specific - dates of declared and officially recognized hostilities in - which United States military personnel are on active service. - (36) The American Legion provides invaluable services to - its members and supports the community of veterans who - sacrificed in service of the United States. - (37) Membership in The American Legion allows veterans to - engage in public service activities, such as supporting Boys - and Girls State and Nation, youth mentorship programs, and - benefit assistance, career fairs, and employment assistance for - veterans. - (38) The American Legion has gone on record as supporting - the 12 unrecognized war eras involving active United States - military personnel since the beginning of World War II. - (39) The American Legion has aided, assisted, and comforted - the families of the men and women who were called to serve or - volunteered to serve during all of the unrecognized war eras - and continues to provide support to veterans of those eras. - (40) The American Legion has commended the heroic actions - of all military personnel who risked their lives in defense of - freedom during each of the unrecognized war eras involving - active United States military personnel. + (1) Since the end of World War II, the Federal Government has + designated specific periods of war, the dates of which are + important for qualification for certain benefits or membership in + veterans organizations established by Congress. + (2) In between those recognized periods of war, during so- + called peacetime eras, the United States military has been involved + in not fewer than 12 known eras, which are unrecognized by the + United States Government as periods of war, resulting in numerous + United States personnel combat casualties. + (3) Those 12 unrecognized war eras occurred at the direction of + the then President of the United States, with full knowledge and + consent of the then Congress. + (4) The first of those 12 unrecognized war eras involving + active United States military personnel was the Greek Civil War, + fought in Greece from 1946 to 1949 between the army of the + Government of Greece, supported by active military personal of the + United States and the United Kingdom, and the Democratic Army of + Greece, the military branch of the Communist Party of Greece. + (5) During the Greek Civil War, one member of the Armed Forces + of the United States sacrificed his life in service to the United + States, and five others suffered non-combat deaths. + (6) The second of those unrecognized war eras involving active + United States military personnel was the Chinese Civil War, which + occurred during the aftermath of World War II. + (7) During the Chinese Civil War, the United States military + equipped, trained, transported, and supplied the Kuomintang-led + Government of the Republic of China with approximately + $4,430,000,000 in its resistance to the Communist Party of China. + (8) During the Chinese Civil War, 14 members of the Armed + Forces of the United States sacrificed their lives in service to + the United States, 150 non-combatants of the United States lost + their lives in the war, and 51 were wounded, resulting in 215 + United States military casualties. + (9) The third unrecognized war era involving active United + States military personnel is known as the Cold War. + (10) The Cold War was a period spanning from approximately 1947 + until 1991 when the Soviet Union collapsed. + (11) Although no direct large-scale military fighting occurred + between the militaries of the United States and the Soviet Union, + active United States military personnel served in multiple regional + conflicts during the Cold War, resulting in the deaths of not fewer + than 32 members of the Armed Forces who sacrificed their lives in + service to the United States and not fewer than 12 additional + casualties. + (12) The fourth unrecognized war era involving active United + States military personnel is known as the China Cold War. + (13) The China Cold War started when the Kuomintang-led + Government of the Republic of China retreated to the island of + Taiwan and lasted until 1972, after President Richard Nixon + conducted a landmark state visit to China. + (14) During the military operations of the China Cold War, not + fewer than 16 members of the Armed Forces of the United States + sacrificed their lives in service to the United States. + (15) The fifth unrecognized war era involving active United + States military personnel was the Lebanon Crisis of 1958, which + involved more than 14,000 United States personnel and resulted in + the death of one member of the Armed Forces who sacrificed his life + in service to the United States and five non-combat deaths. + (16) The sixth unrecognized war era involving active United + States military personnel was the Bay of Pigs invasion in April + 1961. + (17) The Bay of Pigs invasion was a failed military invasion of + Cuba undertaken by a United States military group sponsored by the + Central Intelligence Agency that resulted in not fewer than one + death of a member of the Armed Forces who sacrificed his life in + service to the United States and 19 non-combat deaths. + (18) The seventh unrecognized war era involving active United + States military personnel was the Cuban Missile Crisis, which took + place between October 16 and October 28, 1962. + (19) The Cuban Missile Crisis directly related to homeland + protection against the deployment of a Soviet ballistic missile in + Cuba. + (20) During the Cuban Missile Crisis, one member of the Armed + Forces sacrificed his life in service to the United States and 19 + others died as non-combatants. + (21) The eighth unrecognized war era involving active United + States military personnel was the Dominican Civil War in 1965. + (22) Operations during the Dominican Civil War resulted in the + deaths of 27 members of the Armed Forces who sacrificed their lives + in service to the United States, 20 non-combat-related deaths, and + 283 wounded. + (23) The ninth unrecognized war era involving active United + States military personnel was the Iran Hostage Crisis, which lasted + from November 4, 1979, through January 20, 1981. + (24) The Iran Hostage Crisis involved military intervention by + the United States which resulted in the deaths of 8 members of the + Armed Forces who sacrificed their lives in service to United + States. + (25) The tenth unrecognized war era involving active United + States military personnel was the Salvadoran Civil War. + (26) The Salvadoran Civil War lasted more than 12 years, + through the terms of two Presidential administrations of the United + States, and resulted in the deaths of 22 members of the Armed + Forces who sacrificed their lives in service to the United States, + 15 non-combat deaths, and 35 other casualties. + (27) The 11th unrecognized war era involving active United + States military personnel started on April 5, 1986, when the La + Belle discotheque in West Berlin, Germany, was bombed, killing two + United States soldiers and wounding 79 other members of the Armed + Forces, which triggered what became known as the Libyan Conflict. + (28) The military operations of the Libyan Conflict included + numerous air strikes by United States military forces and resulted + in the deaths of two members of the Armed Forces who sacrificed + their lives in service to the United States. + (29) The Libyan Conflict led to the 12th unrecognized war era + involving active United States military personnel, known + collectively as the Persian Gulf Conflicts, which lasted from July + 24, 1987, through September 26, 1988. + (30) The Persian Gulf Conflicts involved United States military + missions to protect Kuwaiti-owned oil tankers which represented the + largest United States naval convoy operation since World War II. + (31) The Persian Gulf Conflicts resulted in numerous military + operations and the deaths of not fewer than 39 members of the Armed + Forces who sacrificed their lives in service to the United States + and 31 wounded. + (32) Since the armistice that ended the hostilities of the + Korean War on January 31, 1955, nearly 100 active United States + military personnel have sacrificed their lives in service to the + United States in South Korea, and more than 132 people of the + United States have been wounded in-country. + (33) Since January 1, 1947, through all of the unrecognized war + eras involving active United States military personnel, not fewer + than 778 combat and non-combat members of the Armed Forces have + sacrificed their lives in service to the United States and not + fewer than 797 have been wounded. + (34) Since January 1, 1947, the unrecognized war eras involving + active United States military personnel who were wounded and killed + serving their country were administered under orders from the + commander in chief and with the consent of Congress, proving that + the United States has been conducting deadly wartime service to + protect the country consistently since December 7, 1941. + (35) Eligibility for membership in The American Legion is + determined by Congress through the establishment of specific dates + of declared and officially recognized hostilities in which United + States military personnel are on active service. + (36) The American Legion provides invaluable services to its + members and supports the community of veterans who sacrificed in + service of the United States. + (37) Membership in The American Legion allows veterans to + engage in public service activities, such as supporting Boys and + Girls State and Nation, youth mentorship programs, and benefit + assistance, career fairs, and employment assistance for veterans. + (38) The American Legion has gone on record as supporting the + 12 unrecognized war eras involving active United States military + personnel since the beginning of World War II. + (39) The American Legion has aided, assisted, and comforted the + families of the men and women who were called to serve or + volunteered to serve during all of the unrecognized war eras and + continues to provide support to veterans of those eras. + (40) The American Legion has commended the heroic actions of + all military personnel who risked their lives in defense of freedom + during each of the unrecognized war eras involving active United + States military personnel. (b) Sense of Congress.--It is the sense of Congress that, in accordance with the history, tradition, and purposes of The American Legion, it is fair, proper, and reasonable that the privilege of @@ -194,26 +188,21 @@ membership in The American Legion should be extended to all military personnel who served on active military duty during all of the unrecognized war eras involving active United States military personnel. - SEC. 3. ELIGIBILITY FOR MEMBERSHIP IN THE AMERICAN LEGION. - Section 21703 of title 36, United States Code, is amended-- - (1) in paragraph (1)-- - (A) in subparagraph (A), by striking ``during any - period from--'' and all that follows through the end of - clause (vii) and inserting the following: ``during-- - ``(i) the period from April 6, 1917, - through November 11, 1918; or - ``(ii) any time after December 7, 1941; - or''; and - (B) in subparagraph (B), by inserting ``or time'' - after ``a period''; and - (2) in paragraph (2), by inserting ``or time'' after ``that - period''. - + (1) in paragraph (1)-- + (A) in subparagraph (A), by striking ``during any period + from--'' and all that follows through the end of clause (vii) + and inserting the following: ``during-- + ``(i) the period from April 6, 1917, through November + 11, 1918; or + ``(ii) any time after December 7, 1941; or''; and + (B) in subparagraph (B), by inserting ``or time'' after ``a + period''; and + (2) in paragraph (2), by inserting ``or time'' after ``that + period''. SEC. 4. NONDISCRIMINATION WITH RESPECT TO THE REQUIREMENTS FOR HOLDING - A STAFF POSITION IN THE AMERICAN LEGION. - +A STAFF POSITION IN THE AMERICAN LEGION. (a) In General.--Chapter 217 of title 36, United States Code, is amended by inserting after section 21704 the following new section: ``Sec. 21704A. Nondiscrimination @@ -226,21 +215,8 @@ such chapter is amended by inserting after the item relating to section ``21704A. Nondiscrimination.''. - Passed the Senate June 11, 2019. - - Attest: - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - S. 504 - -_______________________________________________________________________ - - AN ACT - -To amend title 36, United States Code, to authorize The American Legion - to determine the requirements for membership in The American Legion, - and for other purposes. + Vice President of the United States and + President of the Senate. From c94b45d9f453785019ef7d4902a8e514282e80f1 Mon Sep 17 00:00:00 2001 From: "Sen. Whitehouse, Sheldon [D-RI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 734/984] Senate-578: Introduced to Senate --- bills_text/Senate-578.txt | 59 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 59 insertions(+) create mode 100644 bills_text/Senate-578.txt diff --git a/bills_text/Senate-578.txt b/bills_text/Senate-578.txt new file mode 100644 index 0000000..77922e9 --- /dev/null +++ b/bills_text/Senate-578.txt @@ -0,0 +1,59 @@ +116th CONGRESS + 1st Session + S. 578 + + To amend title II of the Social Security Act to eliminate the five- +month waiting period for disability insurance benefits under such title + for individuals with amyotrophic lateral sclerosis. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 27, 2019 + + Mr. Whitehouse (for himself, Mr. Cotton, Mr. Bennet, Mr. Tillis, Mr. + Reed, Mr. Blunt, Mr. King, Mr. Cramer, Mr. Brown, Mrs. Capito, Mr. +Coons, Mr. Rubio, Ms. Harris, Ms. McSally, Mr. Schumer, Mr. Wicker, Mr. +Sanders, Ms. Murkowski, Ms. Klobuchar, Mr. Boozman, Mr. Blumenthal, Mr. +Rounds, Mr. Tester, Mr. Kennedy, Mrs. Shaheen, Mr. Cassidy, Ms. Warren, +Ms. Collins, Mr. Menendez, Mr. Markey, Mrs. Feinstein, Mr. Booker, Mr. +Merkley, Ms. Rosen, Ms. Stabenow, Mr. Jones, Mr. Leahy, Mr. Cardin, Mr. + Van Hollen, and Ms. Sinema) introduced the following bill; which was + read twice and referred to the Committee on Finance + +_______________________________________________________________________ + + A BILL + + + + To amend title II of the Social Security Act to eliminate the five- +month waiting period for disability insurance benefits under such title + for individuals with amyotrophic lateral sclerosis. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``ALS Disability Insurance Access Act +of 2019''. + +SEC. 2. ELIMINATION OF WAITING PERIOD FOR SOCIAL SECURITY DISABILITY + INSURANCE BENEFITS FOR DISABLED INDIVIDUALS WITH + AMYOTROPHIC LATERAL SCLEROSIS (ALS). + + (a) In General.--Section 223(a)(1) of the Social Security Act (42 +U.S.C. 423(a)(1)) is amended in the matter following subparagraph (E) +by striking ``or (ii)'' and inserting ``(ii) in the case of an +individual who has been medically determined to have amyotrophic +lateral sclerosis, for each month beginning with the first month during +all of which the individual is under a disability and in which the +individual becomes entitled to such insurance benefits, or (iii)''. + (b) Effective Date.--The amendment made by this section shall apply +with respect to applications for disability insurance benefits filed +after the date of the enactment of this Act. + \ No newline at end of file From c83bfdae6078471e043c7db0e5f0a62f49d9cfdd Mon Sep 17 00:00:00 2001 From: "Sen. Whitehouse, Sheldon [D-RI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 735/984] Senate-578: Engrossed in Senate --- bills_text/Senate-578.txt | 46 ++++++++++++++++++--------------------- 1 file changed, 21 insertions(+), 25 deletions(-) diff --git a/bills_text/Senate-578.txt b/bills_text/Senate-578.txt index 77922e9..ea81437 100644 --- a/bills_text/Senate-578.txt +++ b/bills_text/Senate-578.txt @@ -1,32 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 578 - To amend title II of the Social Security Act to eliminate the five- -month waiting period for disability insurance benefits under such title - for individuals with amyotrophic lateral sclerosis. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - February 27, 2019 - - Mr. Whitehouse (for himself, Mr. Cotton, Mr. Bennet, Mr. Tillis, Mr. - Reed, Mr. Blunt, Mr. King, Mr. Cramer, Mr. Brown, Mrs. Capito, Mr. -Coons, Mr. Rubio, Ms. Harris, Ms. McSally, Mr. Schumer, Mr. Wicker, Mr. -Sanders, Ms. Murkowski, Ms. Klobuchar, Mr. Boozman, Mr. Blumenthal, Mr. -Rounds, Mr. Tester, Mr. Kennedy, Mrs. Shaheen, Mr. Cassidy, Ms. Warren, -Ms. Collins, Mr. Menendez, Mr. Markey, Mrs. Feinstein, Mr. Booker, Mr. -Merkley, Ms. Rosen, Ms. Stabenow, Mr. Jones, Mr. Leahy, Mr. Cardin, Mr. - Van Hollen, and Ms. Sinema) introduced the following bill; which was - read twice and referred to the Committee on Finance - -_______________________________________________________________________ - - A BILL + AN ACT @@ -56,4 +34,22 @@ individual becomes entitled to such insurance benefits, or (iii)''. (b) Effective Date.--The amendment made by this section shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. - \ No newline at end of file + + Passed the Senate December 2, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 578 + +_______________________________________________________________________ + + AN ACT + + To amend title II of the Social Security Act to eliminate the five- +month waiting period for disability insurance benefits under such title + for individuals with amyotrophic lateral sclerosis. From c884f6e0cff28096d62175b7459211107e1559e1 Mon Sep 17 00:00:00 2001 From: "Sen. Whitehouse, Sheldon [D-RI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 736/984] Senate-578: Enrolled --- bills_text/Senate-578.txt | 53 ++++++++++++++++----------------------- 1 file changed, 22 insertions(+), 31 deletions(-) diff --git a/bills_text/Senate-578.txt b/bills_text/Senate-578.txt index ea81437..d723a0e 100644 --- a/bills_text/Senate-578.txt +++ b/bills_text/Senate-578.txt @@ -1,29 +1,34 @@ -116th CONGRESS - 2d Session - S. 578 + S.578 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend title II of the Social Security Act to eliminate the five- -month waiting period for disability insurance benefits under such title - for individuals with amyotrophic lateral sclerosis. +To amend title II of the Social Security Act to eliminate the five-month + waiting period for disability insurance benefits under such title for + individuals with amyotrophic lateral sclerosis. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``ALS Disability Insurance Access Act of 2019''. - SEC. 2. ELIMINATION OF WAITING PERIOD FOR SOCIAL SECURITY DISABILITY - INSURANCE BENEFITS FOR DISABLED INDIVIDUALS WITH - AMYOTROPHIC LATERAL SCLEROSIS (ALS). - +INSURANCE BENEFITS FOR DISABLED INDIVIDUALS WITH AMYOTROPHIC LATERAL +SCLEROSIS (ALS). (a) In General.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended in the matter following subparagraph (E) by striking ``or (ii)'' and inserting ``(ii) in the case of an @@ -35,21 +40,7 @@ individual becomes entitled to such insurance benefits, or (iii)''. with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. - Passed the Senate December 2, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 578 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend title II of the Social Security Act to eliminate the five- -month waiting period for disability insurance benefits under such title - for individuals with amyotrophic lateral sclerosis. + Vice President of the United States and + President of the Senate. From 5fdd34145a640067523f3f406fbb046f4fe8412a Mon Sep 17 00:00:00 2001 From: "Sen. Warren, Elizabeth [D-MA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 737/984] Senate-693: Introduced to Senate --- bills_text/Senate-693.txt | 46 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 46 insertions(+) create mode 100644 bills_text/Senate-693.txt diff --git a/bills_text/Senate-693.txt b/bills_text/Senate-693.txt new file mode 100644 index 0000000..96a26d9 --- /dev/null +++ b/bills_text/Senate-693.txt @@ -0,0 +1,46 @@ +116th CONGRESS + 1st Session + S. 693 + +To amend title 36, United States Code, to require that the POW/MIA flag + be displayed on all days that the flag of the United States is + displayed on certain Federal property. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 7, 2019 + + Ms. Warren (for herself, Mr. Cotton, Mr. Thune, and Ms. Sinema) +introduced the following bill; which was read twice and referred to the + Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To amend title 36, United States Code, to require that the POW/MIA flag + be displayed on all days that the flag of the United States is + displayed on certain Federal property. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National POW/MIA Flag Act''. + +SEC. 2. DAYS ON WHICH THE POW/MIA FLAG IS DISPLAYED ON CERTAIN FEDERAL + PROPERTY. + + Section 902 of title 36, United States Code, is amended by striking +subsection (c) and inserting the following: + ``(c) Days for Flag Display.--For the purposes of this section, +POW/MIA flag display days are all days on which the flag of the United +States is displayed.''. + \ No newline at end of file From 6a648f8dea3a66d0727a6b7e347bb067402946b7 Mon Sep 17 00:00:00 2001 From: "Sen. Warren, Elizabeth [D-MA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 738/984] Senate-693: Engrossed in Senate --- bills_text/Senate-693.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-693.txt b/bills_text/Senate-693.txt index 96a26d9..502a120 100644 --- a/bills_text/Senate-693.txt +++ b/bills_text/Senate-693.txt @@ -2,25 +2,9 @@ 1st Session S. 693 -To amend title 36, United States Code, to require that the POW/MIA flag - be displayed on all days that the flag of the United States is - displayed on certain Federal property. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 7, 2019 - - Ms. Warren (for herself, Mr. Cotton, Mr. Thune, and Ms. Sinema) -introduced the following bill; which was read twice and referred to the - Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -43,4 +27,22 @@ subsection (c) and inserting the following: ``(c) Days for Flag Display.--For the purposes of this section, POW/MIA flag display days are all days on which the flag of the United States is displayed.''. - \ No newline at end of file + + Passed the Senate May 2, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 693 + +_______________________________________________________________________ + + AN ACT + +To amend title 36, United States Code, to require that the POW/MIA flag + be displayed on all days that the flag of the United States is + displayed on certain Federal property. From c4b09e4d8479ea668d25a2e98e34cb0a3fb6cb16 Mon Sep 17 00:00:00 2001 From: "Sen. Warren, Elizabeth [D-MA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 739/984] Senate-693: Enrolled --- bills_text/Senate-693.txt | 49 ++++++++++++++++----------------------- 1 file changed, 20 insertions(+), 29 deletions(-) diff --git a/bills_text/Senate-693.txt b/bills_text/Senate-693.txt index 502a120..a98d8ca 100644 --- a/bills_text/Senate-693.txt +++ b/bills_text/Senate-693.txt @@ -1,48 +1,39 @@ -116th CONGRESS - 1st Session - S. 693 + S.693 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To amend title 36, United States Code, to require that the POW/MIA flag - be displayed on all days that the flag of the United States is - displayed on certain Federal property. +be displayed on all days that the flag of the United States is displayed + on certain Federal property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``National POW/MIA Flag Act''. - SEC. 2. DAYS ON WHICH THE POW/MIA FLAG IS DISPLAYED ON CERTAIN FEDERAL - PROPERTY. - +PROPERTY. Section 902 of title 36, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) Days for Flag Display.--For the purposes of this section, POW/MIA flag display days are all days on which the flag of the United States is displayed.''. - Passed the Senate May 2, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - S. 693 - -_______________________________________________________________________ - - AN ACT - -To amend title 36, United States Code, to require that the POW/MIA flag - be displayed on all days that the flag of the United States is - displayed on certain Federal property. + Vice President of the United States and + President of the Senate. From 31e4e54d30845465e5513e5fe8c18d30624c7984 Mon Sep 17 00:00:00 2001 From: "Sen. Kaine, Tim [D-VA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 740/984] Senate-725: Engrossed in Senate --- bills_text/Senate-725.txt | 38 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 38 insertions(+) create mode 100644 bills_text/Senate-725.txt diff --git a/bills_text/Senate-725.txt b/bills_text/Senate-725.txt new file mode 100644 index 0000000..6f5baac --- /dev/null +++ b/bills_text/Senate-725.txt @@ -0,0 +1,38 @@ +116th CONGRESS + 1st Session + S. 725 + +_______________________________________________________________________ + + AN ACT + + + + To change the address of the postal facility designated in honor of + Captain Humayun Khan. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. CAPTAIN HUMAYUN KHAN POST OFFICE. + + Section 1(a) of Public Law 115-347 (132 Stat. 5054) is amended by +striking ``180 McCormick Road'' and inserting ``2150 Wise Street''. + + Passed the Senate March 7, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 725 + +_______________________________________________________________________ + + AN ACT + + To change the address of the postal facility designated in honor of + Captain Humayun Khan. From a090862bea96ae658dbca2d1a4a6ae3400f85295 Mon Sep 17 00:00:00 2001 From: "Sen. Kaine, Tim [D-VA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 741/984] Senate-725: Enrolled --- bills_text/Senate-725.txt | 42 +++++++++++++++++---------------------- 1 file changed, 18 insertions(+), 24 deletions(-) diff --git a/bills_text/Senate-725.txt b/bills_text/Senate-725.txt index 6f5baac..1186551 100644 --- a/bills_text/Senate-725.txt +++ b/bills_text/Senate-725.txt @@ -1,38 +1,32 @@ -116th CONGRESS - 1st Session - S. 725 + S.725 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To change the address of the postal facility designated in honor of - Captain Humayun Khan. + Captain Humayun Khan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. CAPTAIN HUMAYUN KHAN POST OFFICE. - Section 1(a) of Public Law 115-347 (132 Stat. 5054) is amended by striking ``180 McCormick Road'' and inserting ``2150 Wise Street''. - Passed the Senate March 7, 2019. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 725 - -_______________________________________________________________________ - - AN ACT - - To change the address of the postal facility designated in honor of - Captain Humayun Khan. + Vice President of the United States and + President of the Senate. From 4567f24d6a7f2f8476c1456fd2c5e8565a8c1a73 Mon Sep 17 00:00:00 2001 From: "Sen. Rosen, Jacky [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 742/984] Senate-737: Introduced to Senate --- bills_text/Senate-737.txt | 152 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 152 insertions(+) create mode 100644 bills_text/Senate-737.txt diff --git a/bills_text/Senate-737.txt b/bills_text/Senate-737.txt new file mode 100644 index 0000000..bfaec16 --- /dev/null +++ b/bills_text/Senate-737.txt @@ -0,0 +1,152 @@ +116th CONGRESS + 1st Session + S. 737 + + To direct the National Science Foundation to support STEM education + research focused on early childhood. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 11, 2019 + + Ms. Rosen (for herself, Mrs. Capito, Mr. Schatz, Mrs. Blackburn, Ms. + Cortez Masto, and Mrs. Fischer) introduced the following bill; which +was read twice and referred to the Committee on Commerce, Science, and + Transportation + +_______________________________________________________________________ + + A BILL + + + + To direct the National Science Foundation to support STEM education + research focused on early childhood. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Building Blocks of STEM Act''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) The National Science Foundation is a large investor in + STEM education and plays a key role in setting research and + policy agendas. + (2) While studies have found that children who engage in + scientific activities from an early age develop positive + attitudes toward science and are more likely to pursue STEM + expertise and careers later on, the majority of current + research focuses on increasing STEM opportunities for middle- + school-aged children and older. + (3) Women remain widely underrepresented in the STEM + workforce, and this gender disparity extends down through all + levels of education. + +SEC. 3. SUPPORTING EARLY CHILDHOOD STEM EDUCATION RESEARCH. + + In awarding grants under the Discovery Research PreK-12 program, +the Director of the National Science Foundation shall consider the age +distribution of a STEM education research and development project to +improve the focus of research and development on early childhood +education. + +SEC. 4. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH + ELEMENTARY SCHOOL IN STEM EDUCATION. + + Section 305(d) of the American Innovation and Competitiveness Act +(42 U.S.C. 1862s-5(d)) is amended by adding at the end the following: + ``(3) Research.--As a component of improving participation + of women in STEM fields, research funded by a grant under this + subsection may include research on-- + ``(A) the role of teacher training and professional + development, including effective incentive structures + to encourage teachers to participate in such training + and professional development, in encouraging or + discouraging female students in prekindergarten through + elementary school from participating in STEM + activities; + ``(B) the role of teachers in shaping perceptions + of STEM in female students in prekindergarten through + elementary school and discouraging such students from + participating in STEM activities; + ``(C) the role of other facets of the learning + environment on the willingness of female students in + prekindergarten through elementary school to + participate in STEM activities, including learning + materials and textbooks, classroom decorations, seating + arrangements, use of media and technology, classroom + culture, and gender composition of students during + group work; + ``(D) the role of parents and other caregivers in + encouraging or discouraging female students in + prekindergarten through elementary school from + participating in STEM activities; + ``(E) the types of STEM activities that encourage + greater participation by female students in + prekindergarten through elementary school; + ``(F) the role of mentorship and best practices in + finding and utilizing mentors; + ``(G) the role of informal and out-of-school STEM + learning opportunities on the perception of and + participation in STEM activities of female students in + prekindergarten through elementary school; and + ``(H) any other area the Director determines will + carry out the goal described in paragraph (1).''. + +SEC. 5. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH + ELEMENTARY SCHOOL IN COMPUTER SCIENCE EDUCATION. + + Section 310(b) of the American Innovation and Competitiveness Act +(42 U.S.C. 1862s-7(b)) is amended by adding at the end the following: + ``(3) Uses of funds.--The tools and models described in + paragraph (2)(C) may include-- + ``(A) offering training and professional + development programs, including summer or academic year + institutes or workshops, designed to strengthen the + capabilities of prekindergarten and elementary school + teachers and to familiarize such teachers with the role + of gender bias in the classroom; + ``(B) offering innovative pre-service and in- + service programs that instruct teachers on gender- + inclusive practices for teaching computing concepts; + ``(C) developing distance learning programs for + teachers or students, including developing curricular + materials, play-based computing activities, and other + resources for the in-service professional development + of teachers that are made available to teachers through + the Internet; + ``(D) developing or adapting prekindergarten and + elementary school computer science curricular materials + that incorporate contemporary research on the science + of learning, particularly with respect to gender + inclusion; + ``(E) developing and offering gender-inclusive + computer science enrichment programs for students, + including after-school and summer programs; + ``(F) providing mentors for female students in + prekindergarten through elementary school in person and + through the Internet to support such students in + participating in computer science activities; + ``(G) engaging female students in prekindergarten + through elementary school and their guardians about the + difficulties faced by such students to maintain an + interest in participating in computer science + activities; + ``(H) acquainting female students in + prekindergarten through elementary school with careers + in computer science and encouraging such students to + consider careers in such field; + ``(I) developing tools to evaluate activities + conducted under this subsection; and + ``(J) any other tools or models the Director + determines will accomplish the aim described in + paragraph (2)(C).''. + \ No newline at end of file From 6d8f90b2fd8081c043037422cb4803e7b93296f3 Mon Sep 17 00:00:00 2001 From: "Sen. Rosen, Jacky [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 743/984] Senate-737: Engrossed in Senate --- bills_text/Senate-737.txt | 102 ++++++++++++++++++++------------------ 1 file changed, 53 insertions(+), 49 deletions(-) diff --git a/bills_text/Senate-737.txt b/bills_text/Senate-737.txt index bfaec16..e8a0399 100644 --- a/bills_text/Senate-737.txt +++ b/bills_text/Senate-737.txt @@ -2,25 +2,9 @@ 1st Session S. 737 - To direct the National Science Foundation to support STEM education - research focused on early childhood. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 11, 2019 - - Ms. Rosen (for herself, Mrs. Capito, Mr. Schatz, Mrs. Blackburn, Ms. - Cortez Masto, and Mrs. Fischer) introduced the following bill; which -was read twice and referred to the Committee on Commerce, Science, and - Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -44,19 +28,20 @@ SEC. 2. FINDINGS. scientific activities from an early age develop positive attitudes toward science and are more likely to pursue STEM expertise and careers later on, the majority of current - research focuses on increasing STEM opportunities for middle- + research focuses on increasing STEM opportunities for middle school-aged children and older. (3) Women remain widely underrepresented in the STEM - workforce, and this gender disparity extends down through all - levels of education. + workforce, and this disparity extends down through all levels + of education. -SEC. 3. SUPPORTING EARLY CHILDHOOD STEM EDUCATION RESEARCH. +SEC. 3. SUPPORTING EARLY CHILDHOOD AND ELEMENTARY STEM EDUCATION + RESEARCH. In awarding grants under the Discovery Research PreK-12 program, the Director of the National Science Foundation shall consider the age distribution of a STEM education research and development project to -improve the focus of research and development on early childhood -education. +improve the focus of research and development on elementary and +prekindergarten education. SEC. 4. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH ELEMENTARY SCHOOL IN STEM EDUCATION. @@ -81,10 +66,9 @@ SEC. 4. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH environment on the willingness of female students in prekindergarten through elementary school to participate in STEM activities, including learning - materials and textbooks, classroom decorations, seating - arrangements, use of media and technology, classroom - culture, and gender composition of students during - group work; + materials and textbooks, seating arrangements, use of + media and technology, classroom culture, and + composition of students during group work; ``(D) the role of parents and other caregivers in encouraging or discouraging female students in prekindergarten through elementary school from @@ -93,13 +77,11 @@ SEC. 4. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH greater participation by female students in prekindergarten through elementary school; ``(F) the role of mentorship and best practices in - finding and utilizing mentors; - ``(G) the role of informal and out-of-school STEM + finding and utilizing mentors; and + ``(G) the role of informal and after-school STEM learning opportunities on the perception of and participation in STEM activities of female students in - prekindergarten through elementary school; and - ``(H) any other area the Director determines will - carry out the goal described in paragraph (1).''. + prekindergarten through elementary school.''. SEC. 5. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH ELEMENTARY SCHOOL IN COMPUTER SCIENCE EDUCATION. @@ -113,9 +95,9 @@ SEC. 5. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH institutes or workshops, designed to strengthen the capabilities of prekindergarten and elementary school teachers and to familiarize such teachers with the role - of gender bias in the classroom; + of bias against female students in the classroom; ``(B) offering innovative pre-service and in- - service programs that instruct teachers on gender- + service programs that instruct teachers on female- inclusive practices for teaching computing concepts; ``(C) developing distance learning programs for teachers or students, including developing curricular @@ -126,27 +108,49 @@ SEC. 5. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH ``(D) developing or adapting prekindergarten and elementary school computer science curricular materials that incorporate contemporary research on the science - of learning, particularly with respect to gender + of learning, particularly with respect to female inclusion; - ``(E) developing and offering gender-inclusive + ``(E) developing and offering female-inclusive computer science enrichment programs for students, including after-school and summer programs; ``(F) providing mentors for female students in - prekindergarten through elementary school in person and - through the Internet to support such students in - participating in computer science activities; - ``(G) engaging female students in prekindergarten - through elementary school and their guardians about the - difficulties faced by such students to maintain an - interest in participating in computer science + prekindergarten through elementary school to support + such students in participating in computer science activities; + ``(G) engaging female students in prekindergarten + through elementary school, and their guardians (if such + communication takes place on school premises during + otherwise-scheduled conferences or formal conversations + between teachers and guardians) about-- + ``(i) the difficulties faced by female + students with regard to maintaining an interest + in participating in computer science + activities; and + ``(ii) the potential positive career + benefits of engaging in such activities; ``(H) acquainting female students in prekindergarten through elementary school with careers in computer science and encouraging such students to - consider careers in such field; + consider careers in the computer science field; and ``(I) developing tools to evaluate activities - conducted under this subsection; and - ``(J) any other tools or models the Director - determines will accomplish the aim described in - paragraph (2)(C).''. - \ No newline at end of file + conducted under this subsection, including reports for + evaluating the effectiveness of activities under this + section.''. + + Passed the Senate September 26, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 737 + +_______________________________________________________________________ + + AN ACT + + To direct the National Science Foundation to support STEM education + research focused on early childhood. From e7ad3614e35d8e92fdf6e62a3bfaaad65dc201ee Mon Sep 17 00:00:00 2001 From: "Sen. Rosen, Jacky [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 744/984] Senate-737: Enrolled --- bills_text/Senate-737.txt | 238 +++++++++++++++++--------------------- 1 file changed, 108 insertions(+), 130 deletions(-) diff --git a/bills_text/Senate-737.txt b/bills_text/Senate-737.txt index e8a0399..b2ae6b2 100644 --- a/bills_text/Senate-737.txt +++ b/bills_text/Senate-737.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 737 + S.737 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -13,144 +22,113 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Building Blocks of STEM Act''. - SEC. 2. FINDINGS. - Congress finds the following: - (1) The National Science Foundation is a large investor in - STEM education and plays a key role in setting research and - policy agendas. - (2) While studies have found that children who engage in - scientific activities from an early age develop positive - attitudes toward science and are more likely to pursue STEM - expertise and careers later on, the majority of current - research focuses on increasing STEM opportunities for middle - school-aged children and older. - (3) Women remain widely underrepresented in the STEM - workforce, and this disparity extends down through all levels - of education. - + (1) The National Science Foundation is a large investor in STEM + education and plays a key role in setting research and policy + agendas. + (2) While studies have found that children who engage in + scientific activities from an early age develop positive attitudes + toward science and are more likely to pursue STEM expertise and + careers later on, the majority of current research focuses on + increasing STEM opportunities for middle school-aged children and + older. + (3) Women remain widely underrepresented in the STEM workforce, + and this disparity extends down through all levels of education. SEC. 3. SUPPORTING EARLY CHILDHOOD AND ELEMENTARY STEM EDUCATION - RESEARCH. - +RESEARCH. In awarding grants under the Discovery Research PreK-12 program, the Director of the National Science Foundation shall consider the age distribution of a STEM education research and development project to improve the focus of research and development on elementary and prekindergarten education. - SEC. 4. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH - ELEMENTARY SCHOOL IN STEM EDUCATION. - +ELEMENTARY SCHOOL IN STEM EDUCATION. Section 305(d) of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5(d)) is amended by adding at the end the following: - ``(3) Research.--As a component of improving participation - of women in STEM fields, research funded by a grant under this - subsection may include research on-- - ``(A) the role of teacher training and professional - development, including effective incentive structures - to encourage teachers to participate in such training - and professional development, in encouraging or - discouraging female students in prekindergarten through - elementary school from participating in STEM - activities; - ``(B) the role of teachers in shaping perceptions - of STEM in female students in prekindergarten through - elementary school and discouraging such students from - participating in STEM activities; - ``(C) the role of other facets of the learning - environment on the willingness of female students in - prekindergarten through elementary school to - participate in STEM activities, including learning - materials and textbooks, seating arrangements, use of - media and technology, classroom culture, and - composition of students during group work; - ``(D) the role of parents and other caregivers in - encouraging or discouraging female students in - prekindergarten through elementary school from - participating in STEM activities; - ``(E) the types of STEM activities that encourage - greater participation by female students in - prekindergarten through elementary school; - ``(F) the role of mentorship and best practices in - finding and utilizing mentors; and - ``(G) the role of informal and after-school STEM - learning opportunities on the perception of and - participation in STEM activities of female students in - prekindergarten through elementary school.''. - + ``(3) Research.--As a component of improving participation of + women in STEM fields, research funded by a grant under this + subsection may include research on-- + ``(A) the role of teacher training and professional + development, including effective incentive structures to + encourage teachers to participate in such training and + professional development, in encouraging or discouraging female + students in prekindergarten through elementary school from + participating in STEM activities; + ``(B) the role of teachers in shaping perceptions of STEM + in female students in prekindergarten through elementary school + and discouraging such students from participating in STEM + activities; + ``(C) the role of other facets of the learning environment + on the willingness of female students in prekindergarten + through elementary school to participate in STEM activities, + including learning materials and textbooks, seating + arrangements, use of media and technology, classroom culture, + and composition of students during group work; + ``(D) the role of parents and other caregivers in + encouraging or discouraging female students in prekindergarten + through elementary school from participating in STEM + activities; + ``(E) the types of STEM activities that encourage greater + participation by female students in prekindergarten through + elementary school; + ``(F) the role of mentorship and best practices in finding + and utilizing mentors; and + ``(G) the role of informal and after-school STEM learning + opportunities on the perception of and participation in STEM + activities of female students in prekindergarten through + elementary school.''. SEC. 5. SUPPORTING FEMALE STUDENTS IN PREKINDERGARTEN THROUGH - ELEMENTARY SCHOOL IN COMPUTER SCIENCE EDUCATION. - +ELEMENTARY SCHOOL IN COMPUTER SCIENCE EDUCATION. Section 310(b) of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-7(b)) is amended by adding at the end the following: - ``(3) Uses of funds.--The tools and models described in - paragraph (2)(C) may include-- - ``(A) offering training and professional - development programs, including summer or academic year - institutes or workshops, designed to strengthen the - capabilities of prekindergarten and elementary school - teachers and to familiarize such teachers with the role - of bias against female students in the classroom; - ``(B) offering innovative pre-service and in- - service programs that instruct teachers on female- - inclusive practices for teaching computing concepts; - ``(C) developing distance learning programs for - teachers or students, including developing curricular - materials, play-based computing activities, and other - resources for the in-service professional development - of teachers that are made available to teachers through - the Internet; - ``(D) developing or adapting prekindergarten and - elementary school computer science curricular materials - that incorporate contemporary research on the science - of learning, particularly with respect to female - inclusion; - ``(E) developing and offering female-inclusive - computer science enrichment programs for students, - including after-school and summer programs; - ``(F) providing mentors for female students in - prekindergarten through elementary school to support - such students in participating in computer science - activities; - ``(G) engaging female students in prekindergarten - through elementary school, and their guardians (if such - communication takes place on school premises during - otherwise-scheduled conferences or formal conversations - between teachers and guardians) about-- - ``(i) the difficulties faced by female - students with regard to maintaining an interest - in participating in computer science - activities; and - ``(ii) the potential positive career - benefits of engaging in such activities; - ``(H) acquainting female students in - prekindergarten through elementary school with careers - in computer science and encouraging such students to - consider careers in the computer science field; and - ``(I) developing tools to evaluate activities - conducted under this subsection, including reports for - evaluating the effectiveness of activities under this - section.''. - - Passed the Senate September 26, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 737 - -_______________________________________________________________________ - - AN ACT - - To direct the National Science Foundation to support STEM education - research focused on early childhood. + ``(3) Uses of funds.--The tools and models described in + paragraph (2)(C) may include-- + ``(A) offering training and professional development + programs, including summer or academic year institutes or + workshops, designed to strengthen the capabilities of + prekindergarten and elementary school teachers and to + familiarize such teachers with the role of bias against female + students in the classroom; + ``(B) offering innovative pre-service and in-service + programs that instruct teachers on female-inclusive practices + for teaching computing concepts; + ``(C) developing distance learning programs for teachers or + students, including developing curricular materials, play-based + computing activities, and other resources for the in-service + professional development of teachers that are made available to + teachers through the Internet; + ``(D) developing or adapting prekindergarten and elementary + school computer science curricular materials that incorporate + contemporary research on the science of learning, particularly + with respect to female inclusion; + ``(E) developing and offering female-inclusive computer + science enrichment programs for students, including after- + school and summer programs; + ``(F) providing mentors for female students in + prekindergarten through elementary school to support such + students in participating in computer science activities; + ``(G) engaging female students in prekindergarten through + elementary school, and their guardians (if such communication + takes place on school premises during otherwise-scheduled + conferences or formal conversations between teachers and + guardians) about-- + ``(i) the difficulties faced by female students with + regard to maintaining an interest in participating in + computer science activities; and + ``(ii) the potential positive career benefits of + engaging in such activities; + ``(H) acquainting female students in prekindergarten + through elementary school with careers in computer science and + encouraging such students to consider careers in the computer + science field; and + ``(I) developing tools to evaluate activities conducted + under this subsection, including reports for evaluating the + effectiveness of activities under this section.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From ab0a548686c282694076a2ec4d32c03fccd35d00 Mon Sep 17 00:00:00 2001 From: "Sen. Isakson, Johnny [R-GA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 745/984] Senate-743: Introduced to Senate --- bills_text/Senate-743.txt | 135 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 135 insertions(+) create mode 100644 bills_text/Senate-743.txt diff --git a/bills_text/Senate-743.txt b/bills_text/Senate-743.txt new file mode 100644 index 0000000..e74753d --- /dev/null +++ b/bills_text/Senate-743.txt @@ -0,0 +1,135 @@ +116th CONGRESS + 1st Session + S. 743 + + To award a Congressional Gold Medal to the soldiers of the 5307th + Composite Unit (Provisional), commonly known as ``Merrill's +Marauders'', in recognition of their bravery and outstanding service in + the jungles of Burma during World War II. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 12, 2019 + +Mr. Isakson (for himself, Ms. Baldwin, Mrs. Blackburn, Mr. Boozman, Mr. + Coons, Mr. Cotton, Mr. Daines, Ms. Duckworth, Ms. Ernst, Ms. Hassan, + Mr. Inhofe, Mr. Jones, Mr. Kennedy, Mr. Markey, Mr. Moran, Ms. + Murkowski, Mr. Perdue, Mr. Rounds, Mrs. Shaheen, Ms. Stabenow, Mr. + Tester, and Ms. Warren) introduced the following bill; which was read + twice and referred to the Committee on Banking, Housing, and Urban + Affairs + +_______________________________________________________________________ + + A BILL + + + + To award a Congressional Gold Medal to the soldiers of the 5307th + Composite Unit (Provisional), commonly known as ``Merrill's +Marauders'', in recognition of their bravery and outstanding service in + the jungles of Burma during World War II. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Merrill's Marauders Congressional +Gold Medal Act''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) in August 1943, President Franklin D. Roosevelt and + other Allied leaders proposed the creation of a ground unit of + the Armed Forces that would engage in a ``long-range + penetration mission'' in Japanese-occupied Burma to-- + (A) cut off Japanese communications and supply + lines; and + (B) capture the town of Myitkyina and the Myitkyina + airstrip, both of which were held by the Japanese; + (2) President Roosevelt issued a call for volunteers for + ``a dangerous and hazardous mission'' and the call was answered + by approximately 3,000 soldiers from the United States; + (3) the Army unit composed of the soldiers described in + paragraph (2)-- + (A) was officially designated as the ``5307th + Composite Unit (Provisional)'' with the code name + ``Galahad''; and + (B) later became known as ``Merrill's Marauders'' + (referred to in this section as the ``Marauders'') in + reference to its leader, Brigadier General Frank + Merrill; + (4) in February 1944, the Marauders began their + approximately 1,000-mile trek through the dense Burmese jungle + with no artillery support, carrying their supplies on their + backs or the pack saddles of mules; + (5) over the course of their 5-month trek to Myitkyina, the + Marauders fought victoriously against larger Japanese forces + through 5 major and 30 minor engagements; + (6) during their march to Myitkyina, the Marauders faced + hunger and disease that were exacerbated by inadequate aerial + resupply drops; + (7) malaria, typhus, and dysentery inflicted more + casualties on the Marauders than the Japanese; + (8) by August 1944, the Marauders had accomplished their + mission, successfully disrupting Japanese supply and + communication lines and taking the town of Myitkyina and the + Myitkyina airstrip, the only all-weather airstrip in Northern + Burma; + (9) after taking Myitkyina, only 130 Marauders out of the + original 2,750 were fit for duty and all remaining Marauders + still in action were evacuated to hospitals due to tropical + diseases, exhaustion, and malnutrition; + (10) for their bravery and accomplishments, the Marauders + were awarded the ``Distinguished Unit Citation'', later + redesignated as the ``Presidential Unit Citation'', and a + Bronze Star; and + (11) though the Marauders were operational for only a few + months, the legacy of their bravery is honored by the Army + through the modern day 75th Ranger Regiment, which traces its + lineage directly to the 5307th Composite Unit. + +SEC. 3. CONGRESSIONAL GOLD MEDAL. + + (a) Award Authorized.--The Speaker of the House of Representatives +and the President pro tempore of the Senate shall make appropriate +arrangements for the award, on behalf of Congress, of a single gold +medal of appropriate design to the soldiers of the 5307th Composite +Unit (Provisional) (referred to in this section as ``Merrill's +Marauders''), in recognition of their bravery and outstanding service +in the jungles of Burma during World War II. + (b) Design and Striking.--For the purposes of the award referred to +in subsection (a), the Secretary of the Treasury (referred to in this +Act as the ``Secretary'') shall strike a gold medal with suitable +emblems, devices, and inscriptions, to be determined by the Secretary. + (c) Smithsonian Institution.-- + (1) In general.--Following the award of the gold medal + referred to in subsection (a) in honor of Merrill's Marauders, + the gold medal shall be given to the Smithsonian Institution, + where it shall be displayed as appropriate and made available + for research. + (2) Sense of congress.--It is the sense of Congress that + the Smithsonian Institution should make the gold medal received + under paragraph (1) available for display elsewhere, + particularly at other locations and events associated with + Merrill's Marauders. + +SEC. 4. DUPLICATE MEDALS. + + Under such regulations as the Secretary may prescribe, the +Secretary may strike and sell duplicates in bronze of the gold medal +struck under section 3, at a price sufficient to cover the costs of the +medals, including labor, materials, dies, use of machinery, and +overhead expenses. + +SEC. 5. STATUS OF MEDALS. + + Medals struck pursuant to this Act are national medals for purposes +of chapter 51 of title 31, United States Code. + \ No newline at end of file From d552c496b44b02dd5a7d3e0c3b4326c53f52b0ef Mon Sep 17 00:00:00 2001 From: "Sen. Isakson, Johnny [R-GA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 746/984] Senate-743: Engrossed in Senate --- bills_text/Senate-743.txt | 44 +++++++++++++++++++-------------------- 1 file changed, 21 insertions(+), 23 deletions(-) diff --git a/bills_text/Senate-743.txt b/bills_text/Senate-743.txt index e74753d..df8182f 100644 --- a/bills_text/Senate-743.txt +++ b/bills_text/Senate-743.txt @@ -2,30 +2,9 @@ 1st Session S. 743 - To award a Congressional Gold Medal to the soldiers of the 5307th - Composite Unit (Provisional), commonly known as ``Merrill's -Marauders'', in recognition of their bravery and outstanding service in - the jungles of Burma during World War II. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - March 12, 2019 - -Mr. Isakson (for himself, Ms. Baldwin, Mrs. Blackburn, Mr. Boozman, Mr. - Coons, Mr. Cotton, Mr. Daines, Ms. Duckworth, Ms. Ernst, Ms. Hassan, - Mr. Inhofe, Mr. Jones, Mr. Kennedy, Mr. Markey, Mr. Moran, Ms. - Murkowski, Mr. Perdue, Mr. Rounds, Mrs. Shaheen, Ms. Stabenow, Mr. - Tester, and Ms. Warren) introduced the following bill; which was read - twice and referred to the Committee on Banking, Housing, and Urban - Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -132,4 +111,23 @@ SEC. 5. STATUS OF MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. - \ No newline at end of file + + Passed the Senate December 5, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 743 + +_______________________________________________________________________ + + AN ACT + + To award a Congressional Gold Medal to the soldiers of the 5307th + Composite Unit (Provisional), commonly known as ``Merrill's +Marauders'', in recognition of their bravery and outstanding service in + the jungles of Burma during World War II. From 83659358a7050006c1274bf1b293e2e08fb5596b Mon Sep 17 00:00:00 2001 From: "Sen. Isakson, Johnny [R-GA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 747/984] Senate-743: Enrolled --- bills_text/Senate-743.txt | 167 ++++++++++++++++---------------------- 1 file changed, 72 insertions(+), 95 deletions(-) diff --git a/bills_text/Senate-743.txt b/bills_text/Senate-743.txt index df8182f..67ffcee 100644 --- a/bills_text/Senate-743.txt +++ b/bills_text/Senate-743.txt @@ -1,81 +1,79 @@ -116th CONGRESS - 1st Session - S. 743 + S.743 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To award a Congressional Gold Medal to the soldiers of the 5307th - Composite Unit (Provisional), commonly known as ``Merrill's -Marauders'', in recognition of their bravery and outstanding service in - the jungles of Burma during World War II. +Composite Unit (Provisional), commonly known as ``Merrill's Marauders'', + in recognition of their bravery and outstanding service in the jungles + of Burma during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Merrill's Marauders Congressional Gold Medal Act''. - SEC. 2. FINDINGS. - Congress finds that-- - (1) in August 1943, President Franklin D. Roosevelt and - other Allied leaders proposed the creation of a ground unit of - the Armed Forces that would engage in a ``long-range - penetration mission'' in Japanese-occupied Burma to-- - (A) cut off Japanese communications and supply - lines; and - (B) capture the town of Myitkyina and the Myitkyina - airstrip, both of which were held by the Japanese; - (2) President Roosevelt issued a call for volunteers for - ``a dangerous and hazardous mission'' and the call was answered - by approximately 3,000 soldiers from the United States; - (3) the Army unit composed of the soldiers described in - paragraph (2)-- - (A) was officially designated as the ``5307th - Composite Unit (Provisional)'' with the code name - ``Galahad''; and - (B) later became known as ``Merrill's Marauders'' - (referred to in this section as the ``Marauders'') in - reference to its leader, Brigadier General Frank - Merrill; - (4) in February 1944, the Marauders began their - approximately 1,000-mile trek through the dense Burmese jungle - with no artillery support, carrying their supplies on their - backs or the pack saddles of mules; - (5) over the course of their 5-month trek to Myitkyina, the - Marauders fought victoriously against larger Japanese forces - through 5 major and 30 minor engagements; - (6) during their march to Myitkyina, the Marauders faced - hunger and disease that were exacerbated by inadequate aerial - resupply drops; - (7) malaria, typhus, and dysentery inflicted more - casualties on the Marauders than the Japanese; - (8) by August 1944, the Marauders had accomplished their - mission, successfully disrupting Japanese supply and - communication lines and taking the town of Myitkyina and the - Myitkyina airstrip, the only all-weather airstrip in Northern - Burma; - (9) after taking Myitkyina, only 130 Marauders out of the - original 2,750 were fit for duty and all remaining Marauders - still in action were evacuated to hospitals due to tropical - diseases, exhaustion, and malnutrition; - (10) for their bravery and accomplishments, the Marauders - were awarded the ``Distinguished Unit Citation'', later - redesignated as the ``Presidential Unit Citation'', and a - Bronze Star; and - (11) though the Marauders were operational for only a few - months, the legacy of their bravery is honored by the Army - through the modern day 75th Ranger Regiment, which traces its - lineage directly to the 5307th Composite Unit. - + (1) in August 1943, President Franklin D. Roosevelt and other + Allied leaders proposed the creation of a ground unit of the Armed + Forces that would engage in a ``long-range penetration mission'' in + Japanese-occupied Burma to-- + (A) cut off Japanese communications and supply lines; and + (B) capture the town of Myitkyina and the Myitkyina + airstrip, both of which were held by the Japanese; + (2) President Roosevelt issued a call for volunteers for ``a + dangerous and hazardous mission'' and the call was answered by + approximately 3,000 soldiers from the United States; + (3) the Army unit composed of the soldiers described in + paragraph (2)-- + (A) was officially designated as the ``5307th Composite + Unit (Provisional)'' with the code name ``Galahad''; and + (B) later became known as ``Merrill's Marauders'' (referred + to in this section as the ``Marauders'') in reference to its + leader, Brigadier General Frank Merrill; + (4) in February 1944, the Marauders began their approximately + 1,000-mile trek through the dense Burmese jungle with no artillery + support, carrying their supplies on their backs or the pack saddles + of mules; + (5) over the course of their 5-month trek to Myitkyina, the + Marauders fought victoriously against larger Japanese forces + through 5 major and 30 minor engagements; + (6) during their march to Myitkyina, the Marauders faced hunger + and disease that were exacerbated by inadequate aerial resupply + drops; + (7) malaria, typhus, and dysentery inflicted more casualties on + the Marauders than the Japanese; + (8) by August 1944, the Marauders had accomplished their + mission, successfully disrupting Japanese supply and communication + lines and taking the town of Myitkyina and the Myitkyina airstrip, + the only all-weather airstrip in Northern Burma; + (9) after taking Myitkyina, only 130 Marauders out of the + original 2,750 were fit for duty and all remaining Marauders still + in action were evacuated to hospitals due to tropical diseases, + exhaustion, and malnutrition; + (10) for their bravery and accomplishments, the Marauders were + awarded the ``Distinguished Unit Citation'', later redesignated as + the ``Presidential Unit Citation'', and a Bronze Star; and + (11) though the Marauders were operational for only a few + months, the legacy of their bravery is honored by the Army through + the modern day 75th Ranger Regiment, which traces its lineage + directly to the 5307th Composite Unit. SEC. 3. CONGRESSIONAL GOLD MEDAL. - (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold @@ -88,46 +86,25 @@ in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- - (1) In general.--Following the award of the gold medal - referred to in subsection (a) in honor of Merrill's Marauders, - the gold medal shall be given to the Smithsonian Institution, - where it shall be displayed as appropriate and made available - for research. - (2) Sense of congress.--It is the sense of Congress that - the Smithsonian Institution should make the gold medal received - under paragraph (1) available for display elsewhere, - particularly at other locations and events associated with - Merrill's Marauders. - + (1) In general.--Following the award of the gold medal referred + to in subsection (a) in honor of Merrill's Marauders, the gold + medal shall be given to the Smithsonian Institution, where it shall + be displayed as appropriate and made available for research. + (2) Sense of congress.--It is the sense of Congress that the + Smithsonian Institution should make the gold medal received under + paragraph (1) available for display elsewhere, particularly at + other locations and events associated with Merrill's Marauders. SEC. 4. DUPLICATE MEDALS. - Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. - SEC. 5. STATUS OF MEDALS. - Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. - Passed the Senate December 5, 2019. - - Attest: - - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - S. 743 - -_______________________________________________________________________ - - AN ACT - - To award a Congressional Gold Medal to the soldiers of the 5307th - Composite Unit (Provisional), commonly known as ``Merrill's -Marauders'', in recognition of their bravery and outstanding service in - the jungles of Burma during World War II. + Vice President of the United States and + President of the Senate. From 6c92f37ee4169e638c557768d27f9a5409ada3ea Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 748/984] Senate-744: Introduced to Senate --- bills_text/Senate-744.txt | 68 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 68 insertions(+) create mode 100644 bills_text/Senate-744.txt diff --git a/bills_text/Senate-744.txt b/bills_text/Senate-744.txt new file mode 100644 index 0000000..8f569ba --- /dev/null +++ b/bills_text/Senate-744.txt @@ -0,0 +1,68 @@ +116th CONGRESS + 1st Session + S. 744 + + To amend section 175b of title 18, United States Code, to correct a + scrivener's error. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 12, 2019 + + Mr. Grassley (for himself, Mrs. Feinstein, Mr. Cornyn, and Ms. + Klobuchar) introduced the following bill; which was read twice and + referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To amend section 175b of title 18, United States Code, to correct a + scrivener's error. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Effective Prosecution of Possession +of Biological Toxins and Agents Act of 2019''. + +SEC. 2. PROHIBITION ON THE POSSESSION OF BIOLOGICAL TOXINS AND AGENTS. + + Section 175b of title 18, United States Code, is amended-- + (1) in subsection (a)-- + (A) by striking ``(a)(1) No restricted'' and all + that follows through the end of paragraph (1) and + inserting the following: + ``(a) Offense.-- + ``(1) In general.--It shall be unlawful for a restricted + person to-- + ``(A) ship, transport, or possess in or affecting + interstate or foreign commerce any biological agent or + toxin described in paragraph (2); or + ``(B) receive any biological agent or toxin + described in paragraph (2) that has been shipped or + transported in interstate or foreign commerce. + ``(2) Agents and toxins covered.--A biological agent or + toxin described in this paragraph is a biological agent or + toxin that-- + ``(A) is listed as a non-overlap or overlap select + biological agent or toxin under part 73 of title 42, + Code of Federal Regulations, pursuant to section 351A + of the Public Health Service Act (42 U.S.C. 262a); and + ``(B) is not excluded or exempted under part 73 of + title 42, Code of Federal Regulations.''; and + (B) by striking ``(2) Whoever'' and inserting ``(3) + Penalty.--Whoever'' and adjusting the margin + accordingly; and + (2) in subsection (d), in the matter preceding paragraph + (1), by inserting ``Definitions.--'' before ``In this + section:''. + \ No newline at end of file From 34901b2408cdd89106a216c6b2f04c725c79c09d Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 749/984] Senate-744: Engrossed in Senate --- bills_text/Senate-744.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-744.txt b/bills_text/Senate-744.txt index 8f569ba..e536bbf 100644 --- a/bills_text/Senate-744.txt +++ b/bills_text/Senate-744.txt @@ -2,24 +2,9 @@ 1st Session S. 744 - To amend section 175b of title 18, United States Code, to correct a - scrivener's error. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - March 12, 2019 - - Mr. Grassley (for himself, Mrs. Feinstein, Mr. Cornyn, and Ms. - Klobuchar) introduced the following bill; which was read twice and - referred to the Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -65,4 +50,21 @@ SEC. 2. PROHIBITION ON THE POSSESSION OF BIOLOGICAL TOXINS AND AGENTS. (2) in subsection (d), in the matter preceding paragraph (1), by inserting ``Definitions.--'' before ``In this section:''. - \ No newline at end of file + + Passed the Senate May 16, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 744 + +_______________________________________________________________________ + + AN ACT + + To amend section 175b of title 18, United States Code, to correct a + scrivener's error. From 3c23865f32ce1265e99995e4193bc6702b916bc1 Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 750/984] Senate-744: Enrolled --- bills_text/Senate-744.txt | 97 +++++++++++++++++---------------------- 1 file changed, 43 insertions(+), 54 deletions(-) diff --git a/bills_text/Senate-744.txt b/bills_text/Senate-744.txt index e536bbf..7576f0a 100644 --- a/bills_text/Senate-744.txt +++ b/bills_text/Senate-744.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 744 + S.744 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -13,58 +22,38 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Effective Prosecution of Possession of Biological Toxins and Agents Act of 2019''. - SEC. 2. PROHIBITION ON THE POSSESSION OF BIOLOGICAL TOXINS AND AGENTS. - Section 175b of title 18, United States Code, is amended-- - (1) in subsection (a)-- - (A) by striking ``(a)(1) No restricted'' and all - that follows through the end of paragraph (1) and - inserting the following: + (1) in subsection (a)-- + (A) by striking ``(a)(1) No restricted'' and all that + follows through the end of paragraph (1) and inserting the + following: ``(a) Offense.-- - ``(1) In general.--It shall be unlawful for a restricted - person to-- - ``(A) ship, transport, or possess in or affecting - interstate or foreign commerce any biological agent or - toxin described in paragraph (2); or - ``(B) receive any biological agent or toxin - described in paragraph (2) that has been shipped or - transported in interstate or foreign commerce. - ``(2) Agents and toxins covered.--A biological agent or - toxin described in this paragraph is a biological agent or - toxin that-- - ``(A) is listed as a non-overlap or overlap select - biological agent or toxin under part 73 of title 42, - Code of Federal Regulations, pursuant to section 351A - of the Public Health Service Act (42 U.S.C. 262a); and - ``(B) is not excluded or exempted under part 73 of - title 42, Code of Federal Regulations.''; and - (B) by striking ``(2) Whoever'' and inserting ``(3) - Penalty.--Whoever'' and adjusting the margin - accordingly; and - (2) in subsection (d), in the matter preceding paragraph - (1), by inserting ``Definitions.--'' before ``In this - section:''. - - Passed the Senate May 16, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 744 - -_______________________________________________________________________ - - AN ACT - - To amend section 175b of title 18, United States Code, to correct a - scrivener's error. + ``(1) In general.--It shall be unlawful for a restricted person + to-- + ``(A) ship, transport, or possess in or affecting + interstate or foreign commerce any biological agent or toxin + described in paragraph (2); or + ``(B) receive any biological agent or toxin described in + paragraph (2) that has been shipped or transported in + interstate or foreign commerce. + ``(2) Agents and toxins covered.--A biological agent or toxin + described in this paragraph is a biological agent or toxin that-- + ``(A) is listed as a non-overlap or overlap select + biological agent or toxin under part 73 of title 42, Code of + Federal Regulations, pursuant to section 351A of the Public + Health Service Act (42 U.S.C. 262a); and + ``(B) is not excluded or exempted under part 73 of title + 42, Code of Federal Regulations.''; and + (B) by striking ``(2) Whoever'' and inserting ``(3) + Penalty.--Whoever'' and adjusting the margin accordingly; and + (2) in subsection (d), in the matter preceding paragraph (1), + by inserting ``Definitions.--'' before ``In this section:''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From ad85018d5cc80518313360984d2be2c063bca635 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 751/984] Senate-760: Introduced to Senate --- bills_text/Senate-760.txt | 98 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 98 insertions(+) create mode 100644 bills_text/Senate-760.txt diff --git a/bills_text/Senate-760.txt b/bills_text/Senate-760.txt new file mode 100644 index 0000000..0135140 --- /dev/null +++ b/bills_text/Senate-760.txt @@ -0,0 +1,98 @@ +116th CONGRESS + 1st Session + S. 760 + +To enable registered apprenticeship programs to better serve veterans, + and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 12, 2019 + +Mr. Peters (for himself and Mrs. Capito) introduced the following bill; + which was read twice and referred to the Committee on Health, + Education, Labor, and Pensions + +_______________________________________________________________________ + + A BILL + + + +To enable registered apprenticeship programs to better serve veterans, + and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Support for Veterans in Effective +Apprenticeships Act of 2019''. + +SEC. 2. IMPROVED APPRENTICESHIP PROGRAM COORDINATION BETWEEN THE + DEPARTMENT OF LABOR AND THE DEPARTMENT OF VETERANS + AFFAIRS. + + (a) Definition of Registered Apprenticeship Program.--In this Act, +the term ``registered apprenticeship program'' means an apprenticeship +program registered under the Act of August 16, 1937 (50 Stat. 664; +commonly referred to as the ``National Apprenticeship Act''). + (b) Additional Registered Apprenticeship Program Requirements.--The +Secretary of Labor shall amend the rules and procedures regarding +registered apprenticeship programs to include the following +requirements: + (1) Each sponsor of a program applying to be a registered + apprenticeship program shall provide a written assurance to the + Secretary that, upon the program's approval as a registered + apprenticeship program, the sponsor will-- + (A) complete, for each program location, all + enrollment requirements to obtain approval under + chapters 30 through 36 of title 38, United States Code, + to allow individuals eligible for educational + assistance available under such chapters to use such + assistance for the registered apprenticeship program, + including the requirement of designating a Certifying + Official; and + (B) agree to record and maintain the records + concerning the registered apprenticeship program + required in order for individuals eligible for + educational assistance under title 38, United States + Code, to use such assistance for enrollment in the + registered apprenticeship program. + (2)(A) To the extent practicable, a registered + apprenticeship program shall grant advanced standing or credit, + and provide increased wages commensurate to such standing or + credit, for any individual eligible for educational assistance + under title 38, United States Code, who-- + (i) is enrolled in the registered + apprenticeship program; and + (ii)(I) has a demonstrated competency + applicable to the apprenticeship occupation; or + (II) has acquired experience, training or + skills through military service that is + applicable to the apprenticeship occupation. + (B) Notwithstanding subparagraph (A), in the case of a + registered apprenticeship program that has preferential + language for veterans already in the program's apprenticeship + policies and standards as of the date of enactment of this Act, + the registered apprenticeship program may continue awarding + advanced standing or credit for veterans in accordance with + such existing apprenticeship program policies and standards. + (3) When the Secretary of Labor initially approves a + registered apprenticeship program, the Secretary shall provide + a copy of the certificate of registration to-- + (A) the State approving agency designated under + chapter 36 of title 38, United States Code, for the + State where the headquarters of the registered + apprenticeship program's sponsor are located; and + (B) the State approving agency, as determined under + the rules and procedures implementing the Act of August + 16, 1937 (50 Stat. 664; commonly referred to as the + ``National Apprenticeship Act''), where the registered + apprenticeship program is located. + \ No newline at end of file From 648a924162607da4e0c1df8b9a23b1baa1b6538a Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 752/984] Senate-760: Engrossed in Senate --- bills_text/Senate-760.txt | 146 +++++++++++++++++++------------------- 1 file changed, 72 insertions(+), 74 deletions(-) diff --git a/bills_text/Senate-760.txt b/bills_text/Senate-760.txt index 0135140..7a2510b 100644 --- a/bills_text/Senate-760.txt +++ b/bills_text/Senate-760.txt @@ -2,24 +2,9 @@ 1st Session S. 760 -To enable registered apprenticeship programs to better serve veterans, - and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 12, 2019 - -Mr. Peters (for himself and Mrs. Capito) introduced the following bill; - which was read twice and referred to the Committee on Health, - Education, Labor, and Pensions - -_______________________________________________________________________ - - A BILL + AN ACT @@ -38,61 +23,74 @@ SEC. 2. IMPROVED APPRENTICESHIP PROGRAM COORDINATION BETWEEN THE DEPARTMENT OF LABOR AND THE DEPARTMENT OF VETERANS AFFAIRS. - (a) Definition of Registered Apprenticeship Program.--In this Act, -the term ``registered apprenticeship program'' means an apprenticeship -program registered under the Act of August 16, 1937 (50 Stat. 664; -commonly referred to as the ``National Apprenticeship Act''). - (b) Additional Registered Apprenticeship Program Requirements.--The -Secretary of Labor shall amend the rules and procedures regarding -registered apprenticeship programs to include the following -requirements: - (1) Each sponsor of a program applying to be a registered - apprenticeship program shall provide a written assurance to the - Secretary that, upon the program's approval as a registered - apprenticeship program, the sponsor will-- - (A) complete, for each program location, all - enrollment requirements to obtain approval under - chapters 30 through 36 of title 38, United States Code, - to allow individuals eligible for educational - assistance available under such chapters to use such - assistance for the registered apprenticeship program, - including the requirement of designating a Certifying - Official; and - (B) agree to record and maintain the records - concerning the registered apprenticeship program - required in order for individuals eligible for - educational assistance under title 38, United States - Code, to use such assistance for enrollment in the - registered apprenticeship program. - (2)(A) To the extent practicable, a registered - apprenticeship program shall grant advanced standing or credit, - and provide increased wages commensurate to such standing or - credit, for any individual eligible for educational assistance - under title 38, United States Code, who-- - (i) is enrolled in the registered - apprenticeship program; and - (ii)(I) has a demonstrated competency - applicable to the apprenticeship occupation; or - (II) has acquired experience, training or - skills through military service that is - applicable to the apprenticeship occupation. - (B) Notwithstanding subparagraph (A), in the case of a - registered apprenticeship program that has preferential - language for veterans already in the program's apprenticeship - policies and standards as of the date of enactment of this Act, - the registered apprenticeship program may continue awarding - advanced standing or credit for veterans in accordance with - such existing apprenticeship program policies and standards. - (3) When the Secretary of Labor initially approves a - registered apprenticeship program, the Secretary shall provide - a copy of the certificate of registration to-- - (A) the State approving agency designated under - chapter 36 of title 38, United States Code, for the - State where the headquarters of the registered - apprenticeship program's sponsor are located; and - (B) the State approving agency, as determined under - the rules and procedures implementing the Act of August - 16, 1937 (50 Stat. 664; commonly referred to as the - ``National Apprenticeship Act''), where the registered - apprenticeship program is located. - \ No newline at end of file + (a) Definitions.--In this Act: + (1) Registered apprenticeship program.--The term + ``registered apprenticeship program'' means an apprenticeship + program registered under the Act of August 16, 1937 (50 Stat. + 664; commonly referred to as the ``National Apprenticeship + Act''). + (2) Secretary.--The term ``Secretary'' means the Secretary + of Labor. + (b) Additional Registered Apprenticeship Program Requirements.-- +Notwithstanding any other provision of law, for any program applying to +become a registered apprenticeship program on or after the date that is +180 days after the date of enactment of this Act, the Secretary shall-- + (1) acquire from the program sponsor a written assurance + that the sponsor-- + (A) is aware of the availability of educational + assistance for a veteran or other individual eligible + under chapters 30 through 36 of title 38, United States + Code, for use in connection with a registered + apprenticeship program; + (B) will make a good faith effort to obtain + approval for educational assistance described in + subparagraph (A) for, at a minimum, each program + location that employs or recruits a veteran or other + individual eligible for educational assistance under + chapters 30 through 36 of title 38, United States Code; + and + (C) will not deny the application of a qualified + candidate who is a veteran or other individual eligible + for educational assistance described in subparagraph + (A) for the purpose of avoiding making a good faith + effort to obtain approval as described in subparagraph + (B); + (2) in accordance with paragraphs (5) and (12) of section + 29.5(b) of title 29, Code of Federal Regulations (as in effect + on the day before the date of enactment of this Act), require + the program sponsor, to the extent practicable, to provide + standards that contain provisions to grant advanced standing or + credit, and provide increased wages commensurate to such + standing or credit, for any veteran or other individual + eligible for educational assistance under chapters 30 through + 36 of title 38, United States Code, who-- + (A) is enrolled in the registered apprenticeship + program; and + (B)(i) has a demonstrated competence applicable to + the apprenticeship occupation; or + (ii) has acquired experience, training, or skills + through military service that is applicable to the + apprenticeship occupation; and + (3) when the Secretary approves the registered + apprenticeship program, provide a copy of the program's + certificate of registration to the State approving agency + designated under chapter 36 of title 38, United States Code, in + the State where the program is located. + + Passed the Senate December 4, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 760 + +_______________________________________________________________________ + + AN ACT + +To enable registered apprenticeship programs to better serve veterans, + and for other purposes. From 742affdf7454d572e1b9c7bc116d352edfec0ea4 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 753/984] Senate-760: Enrolled --- bills_text/Senate-760.txt | 145 +++++++++++++++++--------------------- 1 file changed, 66 insertions(+), 79 deletions(-) diff --git a/bills_text/Senate-760.txt b/bills_text/Senate-760.txt index 7a2510b..5db5296 100644 --- a/bills_text/Senate-760.txt +++ b/bills_text/Senate-760.txt @@ -1,96 +1,83 @@ -116th CONGRESS - 1st Session - S. 760 + S.760 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To enable registered apprenticeship programs to better serve veterans, - and for other purposes. + To enable registered apprenticeship programs to better serve veterans, + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Support for Veterans in Effective Apprenticeships Act of 2019''. - SEC. 2. IMPROVED APPRENTICESHIP PROGRAM COORDINATION BETWEEN THE - DEPARTMENT OF LABOR AND THE DEPARTMENT OF VETERANS - AFFAIRS. - +DEPARTMENT OF LABOR AND THE DEPARTMENT OF VETERANS AFFAIRS. (a) Definitions.--In this Act: - (1) Registered apprenticeship program.--The term - ``registered apprenticeship program'' means an apprenticeship - program registered under the Act of August 16, 1937 (50 Stat. - 664; commonly referred to as the ``National Apprenticeship - Act''). - (2) Secretary.--The term ``Secretary'' means the Secretary - of Labor. + (1) Registered apprenticeship program.--The term ``registered + apprenticeship program'' means an apprenticeship program registered + under the Act of August 16, 1937 (50 Stat. 664; commonly referred + to as the ``National Apprenticeship Act''). + (2) Secretary.--The term ``Secretary'' means the Secretary of + Labor. (b) Additional Registered Apprenticeship Program Requirements.-- Notwithstanding any other provision of law, for any program applying to become a registered apprenticeship program on or after the date that is 180 days after the date of enactment of this Act, the Secretary shall-- - (1) acquire from the program sponsor a written assurance - that the sponsor-- - (A) is aware of the availability of educational - assistance for a veteran or other individual eligible - under chapters 30 through 36 of title 38, United States - Code, for use in connection with a registered - apprenticeship program; - (B) will make a good faith effort to obtain - approval for educational assistance described in - subparagraph (A) for, at a minimum, each program - location that employs or recruits a veteran or other - individual eligible for educational assistance under - chapters 30 through 36 of title 38, United States Code; - and - (C) will not deny the application of a qualified - candidate who is a veteran or other individual eligible - for educational assistance described in subparagraph - (A) for the purpose of avoiding making a good faith - effort to obtain approval as described in subparagraph - (B); - (2) in accordance with paragraphs (5) and (12) of section - 29.5(b) of title 29, Code of Federal Regulations (as in effect - on the day before the date of enactment of this Act), require - the program sponsor, to the extent practicable, to provide - standards that contain provisions to grant advanced standing or - credit, and provide increased wages commensurate to such - standing or credit, for any veteran or other individual - eligible for educational assistance under chapters 30 through - 36 of title 38, United States Code, who-- - (A) is enrolled in the registered apprenticeship - program; and - (B)(i) has a demonstrated competence applicable to - the apprenticeship occupation; or - (ii) has acquired experience, training, or skills - through military service that is applicable to the - apprenticeship occupation; and - (3) when the Secretary approves the registered - apprenticeship program, provide a copy of the program's - certificate of registration to the State approving agency - designated under chapter 36 of title 38, United States Code, in - the State where the program is located. - - Passed the Senate December 4, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 760 - -_______________________________________________________________________ - - AN ACT - -To enable registered apprenticeship programs to better serve veterans, - and for other purposes. + (1) acquire from the program sponsor a written assurance that + the sponsor-- + (A) is aware of the availability of educational assistance + for a veteran or other individual eligible under chapters 30 + through 36 of title 38, United States Code, for use in + connection with a registered apprenticeship program; + (B) will make a good faith effort to obtain approval for + educational assistance described in subparagraph (A) for, at a + minimum, each program location that employs or recruits a + veteran or other individual eligible for educational assistance + under chapters 30 through 36 of title 38, United States Code; + and + (C) will not deny the application of a qualified candidate + who is a veteran or other individual eligible for educational + assistance described in subparagraph (A) for the purpose of + avoiding making a good faith effort to obtain approval as + described in subparagraph (B); + (2) in accordance with paragraphs (5) and (12) of section + 29.5(b) of title 29, Code of Federal Regulations (as in effect on + the day before the date of enactment of this Act), require the + program sponsor, to the extent practicable, to provide standards + that contain provisions to grant advanced standing or credit, and + provide increased wages commensurate to such standing or credit, + for any veteran or other individual eligible for educational + assistance under chapters 30 through 36 of title 38, United States + Code, who-- + (A) is enrolled in the registered apprenticeship program; + and + (B)(i) has a demonstrated competence applicable to the + apprenticeship occupation; or + (ii) has acquired experience, training, or skills through + military service that is applicable to the apprenticeship + occupation; and + (3) when the Secretary approves the registered apprenticeship + program, provide a copy of the program's certificate of + registration to the State approving agency designated under chapter + 36 of title 38, United States Code, in the State where the program + is located. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 1184c196ff3efb8b670c052764f0ced0f56258bc Mon Sep 17 00:00:00 2001 From: "Sen. Tester, Jon [D-MT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 754/984] Senate-785: Introduced to Senate --- bills_text/Senate-785.txt | 2476 +++++++++++++++++++++++++++++++++++++ 1 file changed, 2476 insertions(+) create mode 100644 bills_text/Senate-785.txt diff --git a/bills_text/Senate-785.txt b/bills_text/Senate-785.txt new file mode 100644 index 0000000..aff190e --- /dev/null +++ b/bills_text/Senate-785.txt @@ -0,0 +1,2476 @@ +116th CONGRESS + 1st Session + S. 785 + + To improve mental health care provided by the Department of Veterans + Affairs, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 13, 2019 + + Mr. Tester (for himself, Mr. Moran, Ms. Baldwin, Ms. Stabenow, Mr. + Kaine, Mr. Markey, Ms. Sinema, Ms. Hirono, Mr. Durbin, Mr. Casey, Ms. +Harris, Mr. Udall, Mr. Blumenthal, Mr. Murphy, Mr. Warner, Mrs. Murray, + Mrs. Feinstein, Mr. Menendez, Mr. Booker, Ms. Smith, Mr. Manchin, Ms. + Klobuchar, Mr. Sanders, and Ms. Duckworth) introduced the following + bill; which was read twice and referred to the Committee on Veterans' + Affairs + +_______________________________________________________________________ + + A BILL + + + + To improve mental health care provided by the Department of Veterans + Affairs, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Commander John +Scott Hannon Veterans Mental Health Care Improvement Act of 2019''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. + TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM + DEPARTMENT OF VETERANS AFFAIRS + +Sec. 101. Expansion of health care coverage for veterans. +Sec. 102. Grants for provision of transition assistance to former + members of the Armed Forces transitioning + to civilian life. +Sec. 103. Study of community-based transition assistance programs for + former members of the Armed Forces. +Sec. 104. Modification of eligibility for care from Department of + Veterans Affairs for former members of the + Armed Forces with other than honorable + discharges and report on such care. + TITLE II--SUICIDE PREVENTION + +Sec. 201. Grants for organizations providing mental health wellness + services to veterans. +Sec. 202. Designation of buddy check week by Department of Veterans + Affairs. +Sec. 203. Post-traumatic growth partnerships. +Sec. 204. Progress of Department of Veterans Affairs in meeting goals + and objectives of National Strategy for + Preventing Veteran Suicide. +Sec. 205. Study on feasibility and advisability of providing certain + complementary and integrative health + services. +Sec. 206. Program to provide veterans access to complementary and + integrative health services through animal + therapy, agri-therapy, and outdoor sports + therapy. +Sec. 207. Comptroller General report on management by Department of + Veterans Affairs of veterans at high risk + for suicide. + TITLE III--PROGRAMS, STUDIES, AND GUIDELINES ON MENTAL HEALTH + +Sec. 301. Program to provide veterans access to computerized cognitive + behavioral therapy. +Sec. 302. Study on connection between living at high altitude and + suicide risk factors among veterans. +Sec. 303. Establishment by Department of Veterans Affairs and + Department of Defense of clinical practice + guidelines for comorbid mental health + conditions. +Sec. 304. Update of clinical practice guidelines for assessment and + management of patients at risk for suicide. +Sec. 305. Precision medicine initiative of Department of Veterans + Affairs to identify and validate brain and + mental health biomarkers. +Sec. 306. Preventative and complex data analysis by Department of + Veterans Affairs. + TITLE IV--OVERSIGHT OF MENTAL HEALTH CARE AND RELATED SERVICES + +Sec. 401. Study on effectiveness of suicide prevention and mental + health outreach programs of Department of + Veterans Affairs. +Sec. 402. Oversight of mental health and suicide prevention media + outreach conducted by Department of + Veterans Affairs. +Sec. 403. Annual report on progress of Department of Veterans Affairs + in meeting goals and objectives of + Executive Order 13822. +Sec. 404. Comptroller General management review of mental health and + suicide prevention services of Department + of Veterans Affairs. +Sec. 405. Comptroller General report on efforts of Department of + Veterans Affairs to integrate mental health + care into primary care clinics. +Sec. 406. Joint mental health programs by Department of Veterans + Affairs and Department of Defense. + TITLE V--MEDICAL WORKFORCE + + Subtitle A--Improvement of Mental Health Medical Workforce + +Sec. 501. Treatment of psychologists. +Sec. 502. Staffing improvement plan for psychiatrists and psychologists + of Department of Veterans Affairs. +Sec. 503. Occupational series and staffing improvement plan for + licensed professional mental health + counselors and marriage and family + therapists of Department of Veterans + Affairs. +Sec. 504. Staffing improvement plan for peer specialists of Department + of Veterans Affairs who are women. +Sec. 505. Establishment of Department of Veterans Affairs Readjustment + Counseling Service Scholarship Program. +Sec. 506. Comptroller General report on Readjustment Counseling Service + of Department of Veterans Affairs. +Sec. 507. Expansion of reporting requirements on Readjustment + Counseling Service of Department of + Veterans Affairs. +Sec. 508. Studies on alternative work schedules for employees of + Veterans Health Administration. +Sec. 509. Suicide prevention coordinators. +Subtitle B--Direct Hiring Authorities for Certain Health Care Positions + +Sec. 521. Direct hiring authorities for certain health care positions. + TITLE VI--IMPROVEMENT OF TELEHEALTH SERVICES + +Sec. 601. Expanded telehealth from Department of Veterans Affairs. +Sec. 602. Implementation of national protocol for telehealth security + and interfacing instructions. + + TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM + DEPARTMENT OF VETERANS AFFAIRS + +SEC. 101. EXPANSION OF HEALTH CARE COVERAGE FOR VETERANS. + + (a) In General.--Section 1710(a)(1) of title 38, United States +Code, is amended-- + (1) in subparagraph (A), by striking ``and'' at the end; + (2) by redesignating subparagraph (B) as subparagraph (C); + and + (3) by inserting after subparagraph (A) the following new + subparagraph (B): + ``(B) to any veteran during the one-year period following + the discharge or release of the veteran from active military, + naval, or air service; and''. + (b) Patient Enrollment System.--Section 1705(c) of such title is +amended by adding at the end the following new paragraph: + ``(3) Nothing in this section shall be construed to prevent the +Secretary from providing hospital care and medical services to a +veteran under section 1710(a)(1)(B) of this title during the period +specified in such section notwithstanding the failure of the veteran to +enroll in the system of patient enrollment established by the Secretary +under subsection (a).''. + (c) Promotion of Expanded Eligibility.-- + (1) Transition assistance program.-- + (A) In general.--The Secretary of Labor, in + consultation with the Secretary of Defense and the + Secretary of Veterans Affairs, shall promote to members + of the Armed Forces transitioning from service in the + Armed Forces to civilian life through the Transition + Assistance Program the expanded eligibility of veterans + for health care under the laws administered by the + Secretary of Veterans Affairs pursuant to the + amendments made by this section. + (B) Transition assistance program defined.--In this + paragraph, the term ``Transition Assistance Program'' + means the Transition Assistance Program under sections + 1142 and 1144 of title 10, United States Code. + (2) Publication by department of veterans affairs.--Not + later than 30 days after the date of the enactment of this Act, + the Secretary of Veterans Affairs shall publish on a website of + the Department of Veterans Affairs notification of the expanded + eligibility of veterans for health care under the laws + administered by the Secretary pursuant to the amendments made + by this section. + +SEC. 102. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO FORMER + MEMBERS OF THE ARMED FORCES TRANSITIONING TO CIVILIAN + LIFE. + + (a) Program Required.--Commencing not later than 180 days after the +date of the enactment of this Act, the Secretary of Labor shall, in +coordination with the Secretary of Veterans Affairs, carry out a +program on the provision of assistance to former members of the Armed +Forces, and spouses of such members, transitioning from service in the +Armed Forces to civilian life. + (b) Duration of Program.--The Secretary of Labor shall carry out +the program during the five-year period beginning on the date of the +commencement of the program. + (c) Grants.-- + (1) In general.--The Secretary shall carry out the program + through the award of grants to eligible organizations for the + provision of assistance described in subsection (a). + (2) Matching funds required.--A grant under this section + shall be in an amount that does not exceed 50 percent of the + amount required by the organization to provide the services + described in subsection (f). + (d) Eligible Organizations.--For purposes of this section, an +eligible organization is any nonprofit organization that the Secretary +of Labor determines, in consultation with the Secretary of Veterans +Affairs and State entities that serve veterans, is suitable for receipt +of a grant under the program pursuant to receipt by the Secretary of +Labor of an application submitted under subsection (e)(1). + (e) Selection of Grant Recipients.-- + (1) Applications.--An organization seeking a grant under + the program shall submit to the Secretary of Labor an + application therefor at such time, in such manner, and + containing such information and assurances as the Secretary, in + consultation with the Secretary of Veterans Affairs and State + entities that serve veterans, may require. + (2) Priority for hubs of services.--In awarding grants + under the program, the Secretary of Labor shall give priority + to an organization that provides multiple forms of services + described in subsection (f). + (f) Use of Grant Funds.--Each organization receiving a grant under +the program shall use the grant to provide to former members of the +Armed Forces and spouses described in subsection (a) the following: + (1) Resume assistance. + (2) Interview training. + (3) Job recruitment training. + (4) Entrepreneurship training. + (5) Financial services. + (6) Legal assistance. + (7) Educational supportive services. + (8) Assistance with accessing benefits provided under laws + administered by the Secretary of Veterans Affairs, including + home loan benefits, education benefits, adaptive housing + grants, and all other benefits. + (9) Nonclinical case management. + (10) Other related services leading directly to successful + transition, as determined by the Secretary of Labor in + consultation with the Secretary of Veterans Affairs. + (g) Annual Reports.-- + (1) In general.--Not later than one year after the date of + the commencement of the program and not less frequently than + once each year thereafter until the termination of the program, + the Secretary of Labor shall, in consultation with the + Secretary of Veterans Affairs, submit to the appropriate + committees of Congress a report on the program carried out + under this section. + (2) Contents.--Each report submitted under paragraph (1) + shall include the following: + (A) A list of the organizations that have received + grants under the program, including the geographic + location of the organization and the types of services + outlined in subsection (f) that each organization + provides. + (B) The number of veterans served by each + organization. + (C) An assessment of the effectiveness of the + services provided under the program at improving the + transition process for former members of the Armed + Forces and spouses described in subsection (a), based + on metrics determined by the Secretary of Labor in + consultation with the Secretary of Veterans Affairs. + (D) The amount of each grant awarded to each + organization under the program. + (E) Such other matters as the Secretary of Labor, + in consultation with the Secretary of Veterans Affairs, + considers appropriate. + (3) Appropriate committees of congress.--In this + subsection, the term ``appropriate committees of Congress'' + means-- + (A) the Committee on Veterans' Affairs and the + Committee on Appropriations of the Senate; and + (B) the Committee on Veterans' Affairs and the + Committee on Appropriations of the House of + Representatives. + (h) Authorization of Appropriations.--There is authorized to be +appropriated $10,000,000 to carry out this section. + +SEC. 103. STUDY OF COMMUNITY-BASED TRANSITION ASSISTANCE PROGRAMS FOR + FORMER MEMBERS OF THE ARMED FORCES. + + (a) Study.-- + (1) In general.--The Secretary of Veterans Affairs shall, + in consultation with the Secretary of Labor and State entities + that serve former members of the Armed Forces, enter into an + agreement with a Federal or non-Federal entity to develop or + access a comprehensive list of community-based programs that-- + (A) provide transition assistance to such former + members that lead directly to successful transition to + civilian life, such as-- + (i) resume assistance; + (ii) interview training; + (iii) job recruitment training; + (iv) entrepreneurship training; + (v) financial services; + (vi) legal assistance; + (vii) educational supportive services; + (viii) assistance with accessing benefits + provided under laws administered by the + Secretary of Veterans Affairs, including home + loan benefits, education benefits, adaptive + housing grants, and other benefits; and + (ix) nonclinical case management; and + (B) are operated by nonprofit organizations. + (2) Updates.-- + (A) Periodic.--Not less frequently than once every + five years, the Secretary shall update the list created + under paragraph (1). + (B) Upon request.--In addition to periodic updates + under subparagraph (A), the Secretary shall update the + list created under paragraph (1) upon request of an + organization with a program included in the list. + (C) Verification.--The Secretary shall, in + consultation with State entities that serve former + members of the Armed Forces and to the degree + practicable, verify changes to the list made under this + paragraph. + (b) Transmission to Members.--The Secretary shall transmit the list +created, and revised as the case may be, under subsection (a) to the +Secretary of Labor and the Secretary of Defense so the Secretaries of +the military departments may provide information in the list to members +of the Armed Forces who participate in the Transition Assistance +Program under sections 1142 and 1144 of title 10, United States Code. + (c) Online Publication.--The Secretary of Veterans Affairs shall +publish the list created, and revised as the case may be, under +subsection (a) on a public website of the Department of Veterans +Affairs. + +SEC. 104. MODIFICATION OF ELIGIBILITY FOR CARE FROM DEPARTMENT OF + VETERANS AFFAIRS FOR FORMER MEMBERS OF THE ARMED FORCES + WITH OTHER THAN HONORABLE DISCHARGES AND REPORT ON SUCH + CARE. + + (a) Eligibility.--Subsection (b)(2)(B) of section 1720I of title +38, United States Code, is amended by striking ``a discharge by court +martial'' and inserting ``a dismissal''. + (b) Information.--Subsection (e) of such section is amended-- + (1) in paragraph (3)-- + (A) in subparagraph (B), by striking ``and'' at the + end; + (B) in subparagraph (C), by striking ``and'' at the + end; + (C) by redesignating subparagraph (C) as + subparagraph (D); and + (D) by inserting after subparagraph (B) the + following new subparagraph (C): + ``(C) is displayed prominently on a website of the + Department; and''; + (2) by redesignating paragraph (4) as paragraph (5); and + (3) by inserting after paragraph (3) the following new + paragraph (4): + ``(4) shall include outreach on Internet search engines; + and''. + (c) Annual Report.--Subsection (f) of such section is amended-- + (1) in paragraph (1), by striking ``Not less frequently + than once'' and inserting ``Not later than February 15''; and + (2) in paragraph (2)-- + (A) by redesignating subparagraph (C) as + subparagraph (F); and + (B) by inserting after subsection (B) the following + new subparagraphs: + ``(C) The types of mental or behavioral health care + needs treated under this section. + ``(D) The demographics of individuals being treated + under this section, including-- + ``(i) age; + ``(ii) era of service in the Armed Forces; + ``(iii) branch of service in the Armed + Forces; and + ``(iv) geographic location. + ``(E) The average number of visits for an + individual for mental or behavioral health care under + this section.''. + + TITLE II--SUICIDE PREVENTION + +SEC. 201. GRANTS FOR ORGANIZATIONS PROVIDING MENTAL HEALTH WELLNESS + SERVICES TO VETERANS. + + (a) Purpose.--The purpose of this section is to facilitate the +provision of mental health services for veterans with mental health +conditions who are receiving care outside of the Department of Veterans +Affairs. + (b) Grants.-- + (1) In general.--Subchapter II of chapter 17 of title 38, + United States Code, is amended by adding at the end the + following new section: +``Sec. 1720J. Financial assistance for mental health supportive + services for veterans seeking mental health treatment + ``(a) Distribution of Financial Assistance.--(1) The Secretary +shall provide financial assistance to eligible entities approved under +this section to provide or coordinate the provision of mental health +supportive services described in subsection (b) for a veteran with a +mental health condition who is seeking mental health treatment. + ``(2) Financial assistance under paragraph (1) shall consist of the +award of a grant to an approved eligible entity for each veteran +described in paragraph (1) for which the approved eligible entity is +providing or coordinating the provision of mental health supportive +services. + ``(3)(A) The Secretary shall award grants under this section to +each approved eligible entity that is providing or coordinating the +provision of mental health supportive services under this section. + ``(B) The Secretary may establish intervals of payment for the +administration of grants under this section and establish a maximum +amount to be awarded, in accordance with the services being provided +and the duration of such services. + ``(4) In providing financial assistance under paragraph (1), the +Secretary shall give preference to entities providing or coordinating +the provision of supportive mental health services for veterans with +mental health conditions who face barriers in accessing mental health +care services from the Department. + ``(5) The Secretary shall ensure that, to the extent practicable, +financial assistance under this subsection is equitably distributed +across geographic regions, including rural communities and tribal +lands. + ``(6) Each entity receiving financial assistance under this section +to provide mental health supportive services to a veteran with a mental +health condition shall notify that veteran that such services are being +paid for, in whole or in part, by the Department. + ``(7) The Secretary shall require entities receiving financial +assistance under this section to submit a report to the Secretary that +describes the services provided or coordinated with such financial +assistance. + ``(b) Mental Health Supportive Services.--The mental health +supportive services described in this subsection are services provided +by an eligible entity or a subcontractor of an eligible entity that +address the needs of veterans with mental health conditions, +including-- + ``(1) outreach services; + ``(2) case management services; + ``(3) assistance in obtaining any benefits from the + Department that the veteran may be eligible to receive, + including health care services, vocational and rehabilitation + counseling, employment and training services, and educational + assistance; and + ``(4) assistance in obtaining and coordinating the + provision of other public benefits provided by any Federal, + State, or local agency, or any other eligible entity, + including-- + ``(A) health care services (including obtaining + health insurance); + ``(B) daily living services; + ``(C) personal financial planning services; + ``(D) transportation services; + ``(E) income support services; + ``(F) fiduciary and representative payee services; + ``(G) legal services to assist the veteran with + issues that interfere with the ability of the veteran + to find and retain meaningful employment, housing, or + benefits to which the veteran may be entitled; + ``(H) child care services; + ``(I) housing counseling; and + ``(J) other services necessary for maintaining + independent living. + ``(c) Application for Financial Assistance.--(1) An eligible entity +seeking financial assistance under subsection (a) shall submit to the +Secretary an application therefor in such form, in such manner, and +containing such commitments and information as the Secretary determines +to be necessary to carry out this section. + ``(2) Each application submitted by an eligible entity under +paragraph (1) shall contain-- + ``(A) a description of the mental health supportive + services described in subsection (b) proposed to be provided by + the eligible entity under this section and the identified needs + for those services; + ``(B) a description of the types of veterans with a mental + health condition proposed to be provided such services; + ``(C) an estimate of the number of veterans with a mental + health condition proposed to be provided such services; + ``(D) evidence of the experience of the eligible entity in + providing mental health supportive services to veterans with a + mental health condition; and + ``(E) a description of the managerial capacity of the + eligible entity-- + ``(i) to coordinate the provision of mental health + supportive services with the provision of mental health + services by the eligible entity or another + organization; + ``(ii) to assess continually the needs of veterans + with a mental health condition for mental health + supportive services; + ``(iii) to coordinate the provision of mental + health supportive services with the services of the + Department; and + ``(iv) to tailor supportive mental health services + to the needs of veterans with a mental health + condition. + ``(3)(A) The Secretary shall establish criteria for the selection +of eligible entities to be provided financial assistance under this +section. + ``(B) Criteria established under subparagraph (A) with respect to +an eligible entity shall include the following: + ``(i) Relevant accreditation as may be required by each + State in which the eligible entity operates. + ``(ii) Experience coordinating care or providing treatment + for veterans or members of the Armed Forces. + ``(d) Technical Assistance.--(1) The Secretary shall provide +training and technical assistance to eligible entities provided +financial assistance under this section regarding the planning, +development, and provision of mental health supportive services under +this section. + ``(2) The Secretary may provide the training described in paragraph +(1) directly or through grants or contracts with appropriate public or +nonprofit private entities, including through grants awarded under +section 2064 of this title. + ``(e) Collection of Information.--To the extent practicable, the +Secretary may collect information from an eligibility entity awarded a +grant under this section relating to a mental health condition of a +veteran for inclusion in the electronic health record of the Department +for such veteran for the sole purpose of improving care provided to +such veteran. + ``(f) Funding.--From amounts appropriated to the Department for +medical services, there shall be available to carry out subsections +(a), (b), and (c) the following: + ``(1) $5,000,000 for fiscal year 2021. + ``(2) $10,000,000 for fiscal year 2022. + ``(3) $15,000,000 for fiscal year 2023. + ``(g) Definitions.--In this section: + ``(1) The term `eligible entity' means any of the + following: + ``(A) An incorporated private institution or + foundation-- + ``(i) no part of the net earnings of which + inures to the benefit of any member, founder, + contributor, or individual; + ``(ii) that has a governing board that is + responsible for the operation of the mental + health supportive services provided under this + section; and + ``(iii) that is approved by the Secretary + with respect to financial responsibility. + ``(B) A for-profit limited partnership, the sole + general partner of which is an organization meeting the + requirements of clauses (i), (ii), and (iii) of + subparagraph (A). + ``(C) A corporation wholly owned and controlled by + an organization meeting the requirements of clauses + (i), (ii), and (iii) of subparagraph (A). + ``(D) A tribally designated housing entity (as + defined in section 4 of the Native American Housing + Assistance and Self-Determination Act of 1996 (25 + U.S.C. 4103)). + ``(2) The term `veteran with a mental health condition' + means a veteran who has been diagnosed with, or who is seeking + treatment for, one or more mental health conditions, as + determined by the Secretary.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 17 is amended by inserting after the item + relating to section 1720I the following new item: + +``1720J. Financial assistance for mental health supportive services for + veterans seeking mental health + treatment.''. + (c) Study on Effectiveness of Program.-- + (1) In general.--The Secretary of Veterans Affairs shall + conduct a study on the effectiveness of the program of + financial assistance under section 1720J of title 38, United + States Code, as added by subsection (b), in meeting the needs + of veterans with a mental health condition, as that term is + defined in that section. + (2) Comparison.--In conducting the study required by + paragraph (1), the Secretary shall compare the results of the + program described in that paragraph with other programs of the + Department of Veterans Affairs dedicated to the delivery of + mental health services to veterans. + (3) Criteria.--In making the comparison required by + paragraph (2), the Secretary shall examine the following: + (A) The satisfaction of veterans targeted by the + programs described in paragraph (2). + (B) The health status of such veterans. + (C) The mental wellness of such veterans. + (D) The degree to which such veterans are + encouraged to engage in productive activity by such + programs. + (E) The number of veterans using such programs, + disaggregated by-- + (i) veterans who have received care from + the Department in the previous two years; and + (ii) veterans who have not received care + from the Department in the previous two years. + (F) The number of veterans who die by suicide while + receiving services from an entity in receipt of a grant + under the program of financial assistance under section + 1720J of title 38, United States Code, as added by + subsection (b), or who die by suicide during the 180- + day period after receiving such services. + (4) Report.--Not later than December 31, 2021, and annually + thereafter, the Secretary shall submit to the Committee on + Veterans' Affairs of the Senate and the Committee on Veterans' + Affairs of the House of Representatives a report on the results + of the study required by paragraph (1). + (d) Effective Date.--The Secretary shall begin providing financial +assistance under section 1720J of title 38, United States Code, as +added by subsection (b), not later than one year after the date of the +enactment of this Act. + +SEC. 202. DESIGNATION OF BUDDY CHECK WEEK BY DEPARTMENT OF VETERANS + AFFAIRS. + + (a) In General.--The Secretary of Veterans Affairs shall designate +one week per year to organize outreach events and educate veterans on +how to conduct peer wellness checks, which shall be known as ``Buddy +Check Week''. + (b) Events and Education.-- + (1) In general.--During Buddy Check Week, the Secretary, in + consultation with organizations that represent veterans, non- + profits that serve veterans, mental health experts, members of + the Armed Forces, and such other entities and individuals as + the Secretary considers appropriate, shall collaborate with + organizations that represent veterans to provide educational + opportunities for veterans to learn how to conduct peer + wellness checks. + (2) Training matters.--As part of the educational + opportunities provided under paragraph (1), the Secretary shall + provide the following: + (A) A script for veterans to use to conduct peer + wellness checks that includes information on + appropriate referrals to resources veterans might need. + (B) Online and in-person training, as appropriate, + on how to conduct a peer wellness check. + (C) Opportunities for members of organizations that + represent veterans to learn how to train individuals to + conduct peer wellness checks. + (D) Training for veterans participating in Buddy + Check Week on how to transfer a phone call directly to + the Veterans Crisis Line. + (E) Resiliency training for veterans participating + in Buddy Check Week on handling a veteran in crisis. + (3) Online materials.--All training materials provided + under the educational opportunities under paragraph (1) shall + be made available on a website of the Department. + (c) Outreach.--The Secretary, in collaboration with organizations +that represent veterans, may conduct outreach regarding educational +opportunities under subsection (b) at-- + (1) public events where many veterans are expected to + congregate; + (2) meetings of organizations that represent veterans; + (3) facilities of the Department of Veterans Affairs; and + (4) such other locations as the Secretary, in collaboration + with organizations that represent veterans, considers + appropriate. + (d) Veterans Crisis Line Plan.-- + (1) In general.--The Secretary shall ensure that the + Veterans Crisis Line has a plan for handling the potential + increase of calls that may occur during Buddy Check Week. + (2) Submittal of plan.--The head of the Veterans Crisis + Line shall submit to the Secretary a plan for how to handle + excess calls during Buddy Check Week, which may include the + following: + (A) Additional hours for staff. + (B) The use of a backup call center. + (C) Any other plan to ensure that calls from + veterans in crisis are being answered in a timely + manner by an individual trained at the same level as a + Veterans Crisis Line responder. + (e) Veterans Crisis Line Defined.--In this section, the term +``Veterans Crisis Line'' means the toll-free hotline for veterans +established under section 1720F(h) of title 38, United States Code. + +SEC. 203. POST-TRAUMATIC GROWTH PARTNERSHIPS. + + (a) In General.--The Secretary of Veterans Affairs, in consultation +with the Secretary of Defense and the Secretary of Homeland Security, +shall enter into partnerships with nonprofit mental health +organizations to facilitate post-traumatic growth among veterans who +have experienced trauma. + (b) Consultation.--Before entering into a partnership under +subsection (a), the Secretary of Veterans Affairs shall consult with +the National Institute of Mental Health, the National Alliance on +Mental Illness, the American Psychological Association, the +Posttraumatic Growth Research Group, and organizations that represent +veterans. + (c) Selection of Partners.--The Secretary of Veterans Affairs shall +ensure that each organization with which the Secretary enters into a +partnership under subsection (a) has a demonstrated history of success +with programs to facilitate post-traumatic growth, including-- + (1) long-term follow-up with veterans who have participated + in such a program for not less than one year after completion + of the program; and + (2) sustained positive, clinically significant outcomes for + veterans who have participated in such a program for not less + than 180 days after completion of the program. + (d) Outcomes From Partners.--The Secretary of Veterans Affairs +shall require each nonprofit mental health organization that enters +into a partnership with the Secretary under subsection (a) to submit to +the Secretary a description of the outcomes from such partnership, +including the following: + (1) The number of veterans who participate in programs of + the organization to facilitate post-traumatic growth, including + the number of veterans who drop out before completion of the + program. + (2) The types of mental or behavioral health conditions of + veterans who participate in such programs. + (3) The percentage of veterans who experience significant + post-traumatic growth. + (4) Such other topics as the Secretary may require to track + post-traumatic growth. + (e) Post-Traumatic Growth.-- + (1) In general.--For purposes of this section, ``post- + traumatic growth'' means positive responses described in + paragraph (3) experienced after, and often as a result of, a + traumatic event or a major life crisis. + (2) Measurement of growth.--Post-traumatic growth under + this section shall be measured through self-reported scales, + use of the post-traumatic stress disorder checklist set forth + in the most recent edition of the Diagnostic and Statistical + Manual of Mental Disorders published by the American + Psychiatric Association, and such other metrics as the + Secretary considers necessary. + (3) Positive responses described.--Positive responses + described in this paragraph are positive responses in one or + more areas of life, including the following: + (A) An appreciation of and for life. + (B) Improved relationships with others. + (C) Realization of new possibilities in life. + (D) Realization of personal strength. + (E) Spiritual change. + (F) Such other areas that the Secretary, in + consultation with organizations specified in subsection + (b), considers necessary. + +SEC. 204. PROGRESS OF DEPARTMENT OF VETERANS AFFAIRS IN MEETING GOALS + AND OBJECTIVES OF NATIONAL STRATEGY FOR PREVENTING + VETERAN SUICIDE. + + (a) In General.--The Secretary of Veterans Affairs shall develop +metrics to track progress on each of the 14 goals and 43 objectives +outlined in the National Strategy for Preventing Veteran Suicide, 2018- +2028 prepared by the Office of Mental Health and Suicide Prevention of +the Department of Veterans Affairs. + (b) Metrics.--The metrics developed under subsection (a) shall +include measures of both performance and effectiveness. + (c) Initial Report.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report + that contains the metrics developed under subsection (a). + (2) Elements.--The report submitted under paragraph (1) + shall include the following: + (A) An explanation of why the metrics developed + under subsection (a) were chosen. + (B) An assessment of how accurately those metrics + will reflect the goals and objectives specified in such + subsection. + (d) Annual Report.--Not later than one year after the submittal of +the report under subsection (b), and annually thereafter, the Secretary +shall submit to the Committee on Veterans' Affairs of the Senate and +the Committee on Veterans' Affairs of the House of Representatives a +report that contains-- + (1) an assessment of the progress of the Department in + meeting the goals and objectives specified in subsection (a); + (2) a description of any action to be taken by the + Department if those goals and objectives are not being met; + (3) a description of any changes to those goals and + objectives; + (4) an identification of any new programs or partnerships + that have resulted from the implementation of the National + Strategy for Preventing Veteran Suicide, 2018-2028; + (5) an assessment of the effectiveness of the National + Strategy for Preventing Veterans Suicide, 2018-2028 at reducing + veteran suicide; and + (6) such other topics as the Secretary considers necessary. + +SEC. 205. STUDY ON FEASIBILITY AND ADVISABILITY OF PROVIDING CERTAIN + COMPLEMENTARY AND INTEGRATIVE HEALTH SERVICES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall complete +a study on the feasibility and advisability of providing complementary +and integrative health treatments described in subsection (b) at all +facilities of the Department of Veterans Affairs. + (b) Treatments Described.--Complementary and integrative health +treatments described in this subsection shall consist of the following: + (1) Yoga. + (2) Meditation. + (3) Acupuncture. + (4) Chiropractic care. + (5) Other treatments that show sufficient evidence of + efficacy at treating mental or physical health conditions, as + determined by the Secretary. + (c) Provision of Treatment.--The Secretary may provide +complementary and integrative health treatments under this section at a +facility of the Department in person or by telehealth. + (d) Report.--Not later than 90 days after the completion of the +study under subsection (a), the Secretary shall submit to the Committee +on Veterans' Affairs of the Senate and the Committee on Veterans' +Affairs of the House of Representatives a report on such study, +including-- + (1) the results of such study; and + (2) such recommendations regarding the furnishing of + complementary and integrative health treatments described in + subsection (b) as the Secretary considers appropriate. + +SEC. 206. PROGRAM TO PROVIDE VETERANS ACCESS TO COMPLEMENTARY AND + INTEGRATIVE HEALTH SERVICES THROUGH ANIMAL THERAPY, AGRI- + THERAPY, AND OUTDOOR SPORTS THERAPY. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall commence +the conduct of a program to provide complementary and integrative +health services described in subsection (b) to veterans from the +Department of Veterans Affairs or through the use of non-Department +entities for the treatment of post-traumatic stress disorder, +depression, anxiety, or other conditions as determined by the +Secretary. + (b) Treatments Described.--Complementary and integrative health +treatments described in this subsection shall consist of the following: + (1) Equine therapy. + (2) Other animal therapy. + (3) Agri-therapy. + (4) Outdoor sports therapy. + (c) Eligible Veterans.--A veteran is eligible to participate in the +program under this section if the veteran-- + (1) is enrolled in the system of patient enrollment of the + Department established and operated under section 1705(a) of + title 38, United States Code; and + (2) has received health care under the laws administered by + the Secretary during the two-year period preceding the initial + participation of the veteran in the program. + (d) Duration.-- + (1) In general.--The Secretary shall carry out the program + under this section for a two-year period beginning on the + commencement of the program. + (2) Extension.--The Secretary may extend the duration of + the program under this section if the Secretary, based on the + results of the interim report submitted under subsection + (e)(1), determines that it is appropriate to do so. + (e) Locations.-- + (1) In general.--The Secretary shall select not fewer than + five facilities of the Department at which to carry out the + program under this section. + (2) Selection criteria.--In selecting facilities under + paragraph (1), the Secretary shall ensure that-- + (A) the locations are in geographically diverse + areas; and + (B) not fewer than three facilities serve veterans + in rural or highly rural areas (as determined through + the use of the Rural-Urban Commuting Areas coding + system of the Department of Agriculture). + (f) Reports.-- + (1) Interim report.-- + (A) In general.--Not later than one year after the + commencement of the program under this section, the + Secretary shall submit to the Committee on Veterans' + Affairs of the Senate and the Committee on Veterans' + Affairs of the House of Representatives a report on the + progress of the program. + (B) Elements.--The report required by subparagraph + (A) shall include the following: + (i) The number of participants in the + program. + (ii) The types of therapy offered at each + facility at which the program is being carried + out. + (iii) An assessment of whether + participation by a veteran in the program + resulted in any changes in clinically relevant + endpoints for the veteran with respect to the + conditions specified in subsection (a). + (iv) An assessment of the quality of life + of veterans participating in the program, + including the results of a satisfaction survey + of the participants in the program, + disaggregated by treatment under subsection + (b). + (v) The determination of the Secretary with + respect to extending the program under + subsection (c)(2). + (vi) Any recommendations of the Secretary + with respect to expanding the program. + (2) Final report.--Not later than 90 days after the + termination of the program under this section, the Secretary + shall submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a final report on the program. + +SEC. 207. COMPTROLLER GENERAL REPORT ON MANAGEMENT BY DEPARTMENT OF + VETERANS AFFAIRS OF VETERANS AT HIGH RISK FOR SUICIDE. + + (a) In General.--Not later than 18 months after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Veterans' Affairs of the Senate and +the Committee on Veterans' Affairs of the House of Representatives a +report on the efforts of the Department of Veterans Affairs to manage +veterans at high risk for suicide. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A description of how the Department identifies patients + as high risk for suicide, with particular consideration to the + efficacy of inputs into the Recovery Engagement and + Coordination for Health - Veterans Enhanced Treatment program + (commonly referred to as the ``REACH VET'' program) of the + Department, including an assessment of the efficacy of such + identifications disaggregated by age, gender, Veterans + Integrated Service Network, and, to the extent practicable, + medical center of the Department. + (2) A description of how the Department intervenes when a + patient is identified as high risk, including an assessment of + the efficacy of such interventions disaggregated by age, + gender, Veterans Integrated Service Network, and, to the extent + practicable, medical center of the Department. + (3) A description of how the Department monitors patients + who have been identified as high risk, including an assessment + of the efficacy of such monitoring and any follow-ups + disaggregated by age, gender, Veterans Integrated Service + Network, and, to the extent practicable, medical center of the + Department. + (4) A review of staffing levels of suicide prevention + coordinators across the Veterans Health Administration. + (5) A review of the resources and programming offered to + family members and friends of veterans who have a mental health + condition in order to assist that veteran in treatment and + recovery. + (6) An assessment of such other areas as the Comptroller + General considers appropriate to study. + + TITLE III--PROGRAMS, STUDIES, AND GUIDELINES ON MENTAL HEALTH + +SEC. 301. PROGRAM TO PROVIDE VETERANS ACCESS TO COMPUTERIZED COGNITIVE + BEHAVIORAL THERAPY. + + (a) In General.--Not later than 210 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall commence +the conduct of a program to assess the feasibility and advisability of +using computerized cognitive behavioral therapy to treat eligible +veterans suffering from depression, anxiety, post-traumatic stress +disorder, military sexual trauma, or substance use disorder who are +already receiving evidence-based therapy from the Department of +Veterans Affairs. + (b) Eligible Veterans.--A veteran is eligible to participate in the +program under this section if the veteran-- + (1) is enrolled in the system of patient enrollment of the + Department of Veterans Affairs established and operated under + section 1705(a) of title 38, United States Code; and + (2) has received health care under the laws administered by + the Secretary during the two-year period preceding the initial + participation of the veteran in the program. + (c) Duration.--The Secretary shall carry out the program under this +section for a two-year period beginning on the commencement of the +program. + (d) Locations.-- + (1) In general.--The Secretary shall select not fewer than + three facilities of the Department of Veterans Affairs at which + to carry out the program under this section. + (2) Selection criteria.--In selecting facilities under + paragraph (1), the Secretary shall ensure that-- + (A) the locations are in geographically diverse + areas; and + (B) not fewer than two facilities serve veterans in + rural or highly rural areas (as determined through the + use of the Rural-Urban Commuting Areas coding system of + the Department of Agriculture). + (e) Access to Chat.--In carrying out the program under this +section, the Secretary shall ensure that veterans participating in the +program have access via chat to a mental health provider 24 hours per +day, seven days per week. + (f) Promotion of Veterans Crisis Line.--The Secretary shall promote +the availability of the Veterans Crisis Line to veterans participating +in the program under this section. + (g) Department Website.--In implementing the program under this +section, the Secretary, to the extent feasible, shall use a website of +the Department of Veterans Affairs to host the program. + (h) Reports.-- + (1) Interim report.-- + (A) In general.--Not later than one year after the + commencement of the program under this section, the + Secretary shall submit to the Committee on Veterans' + Affairs of the Senate and the Committee on Veterans' + Affairs of the House of Representatives a report on the + progress of the program. + (B) Elements.--The report required by subparagraph + (A) shall include the following: + (i) The number of participants in the + program. + (ii) An assessment of whether participation + by a veteran in the program resulted in any + changes in clinically relevant endpoints for + the veteran with respect to the conditions + specified in subsection (a). + (iii) Any recommendations of the Secretary + with respect to extending or expanding the + program. + (2) Final report.--Not later than 90 days after the + termination of the program under this section, the Secretary + shall submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a final report on the program. + (i) Veterans Crisis Line Defined.--In this section, the term +``Veterans Crisis Line'' means the toll-free hotline for veterans +established under section 1720F(h) of title 38, United States Code. + +SEC. 302. STUDY ON CONNECTION BETWEEN LIVING AT HIGH ALTITUDE AND + SUICIDE RISK FACTORS AMONG VETERANS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs, in +consultation with Rural Health Resource Centers of the Office of Rural +Health of the Department of Veterans Affairs, shall commence the +conduct of a study on the connection between living at high altitude +and the risk of developing depression or dying by suicide among +veterans. + (b) Completion of Study.--The study conducted under subsection (a) +shall be completed not later than three years after the date of the +commencement of the study. + (c) Individual Impact.--The study conducted under subsection (a) +shall be conducted so as to determine the effect of high altitude on +suicide risk at the individual level, not at the State or county level. + (d) Report.--Not later than 150 days after the completion of the +study conducted under subsection (a), the Secretary shall submit to the +Committee on Veterans' Affairs of the Senate and the Committee on +Veterans' Affairs of the House of Representatives a report on the +results of the study. + (e) Follow-Up Study.-- + (1) In general.--If the Secretary determines through the + study conducted under subsection (a) that living at high + altitude is a risk factor for developing depression or dying by + suicide, the Secretary shall conduct an additional study to + identify the following: + (A) The most likely biological mechanism that makes + living at high altitude a risk factor for developing + depression or dying by suicide. + (B) The most effective treatment or intervention + for reducing the risk of developing depression or dying + by suicide associated with living at high altitude. + (2) Report.--Not later than 150 days after completing the + study conducted under paragraph (1), the Secretary shall submit + to the Committee on Veterans' Affairs of the Senate and the + Committee on Veterans' Affairs of the House of Representatives + a report on the results of the study. + +SEC. 303. 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 created under paragraph (1) + 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. 304. 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. 305. PRECISION MEDICINE INITIATIVE OF DEPARTMENT OF VETERANS + AFFAIRS TO IDENTIFY AND VALIDATE BRAIN AND MENTAL HEALTH + BIOMARKERS. + + (a) In General.--Beginning not later than 18 months after the date +of the enactment of this Act, the Secretary of Veterans Affairs shall +develop and implement an initiative of the Department of Veterans +Affairs to identify and validate brain and mental health biomarkers +among veterans, with specific consideration for depression, anxiety, +post-traumatic stress disorder, traumatic brain injury, and such other +mental health conditions as the Secretary considers appropriate. Such +initiative may be referred to as the ``Precision Medicine for Veterans +Initiative''. + (b) Model of Initiative.--The initiative under subsection (a) shall +be modeled on the All of Us Precision Medicine Initiative administered +by the National Institutes of Health with respect to large-scale +collection of standardized data and open data sharing. + (c) Use of Data.-- + (1) Privacy and security.--In carrying out the initiative + under subsection (a), the Secretary shall develop robust data + privacy and security measures to ensure that information of + veterans participating in the initiative is kept private and + secure. + (2) Open platform.-- + (A) Research purposes.--The Secretary shall make + de-identified data collected under the initiative + available for research purposes both within and outside + of the Department of Veterans Affairs. + (B) Data may not be sold.--Data collected under the + initiative may not be sold. + (3) Standardization.-- + (A) In general.--The Secretary shall ensure that + data collected under the initiative is standardized. + (B) Consultation.--The Secretary shall consult with + the National Institutes of Health and the Food and Drug + Administration to determine the most effective, + efficient, and cost-effective way of standardizing data + collected under the initiative. + (C) Manner of standardization.--Data collected + under the initiative shall be standardized in the + manner in which it is collected, entered into the + database, extracted, and recorded. + (4) Measures of brain function or structure.--Any measures + of brain function or structure collected under the initiative + shall be collected with a device that is approved by the Food + and Drug Administration. + (d) Inclusion of Initiative in Program.--The Secretary shall assess +the feasibility and advisability of coordinating efforts of the +initiative under subsection (a) with the Million Veterans Program of +the Department. + +SEC. 306. PREVENTATIVE AND COMPLEX DATA ANALYSIS BY DEPARTMENT OF + VETERANS AFFAIRS. + + (a) In General.--Chapter 1 of title 38, United States Code, is +amended by adding at the end the following new section: +``Sec. 119. Contracting for preventative or complex statistical + analysis + ``In order to carry out statistical analysis required under section +302 of the Commander John Scott Hannon Veterans Mental Health Care +Improvement Act of 2019, or any other preventative or complex +statistical analysis required under this title or any other provision +of law, the Secretary may contract with academic institutions or other +qualified entities, as determined by the Secretary, to carry out the +statistical analysis.''. + (b) 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 118 the following new item: + +``119. Contracting for preventative or complex statistical analysis.''. + + TITLE IV--OVERSIGHT OF MENTAL HEALTH CARE AND RELATED SERVICES + +SEC. 401. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION AND MENTAL + HEALTH OUTREACH PROGRAMS OF DEPARTMENT OF VETERANS + AFFAIRS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall enter +into an agreement with a non-Federal Government entity to conduct a +study on the effectiveness of the suicide prevention and mental health +outreach materials prepared by the Department of Veterans Affairs and +the suicide prevention and mental health outreach campaigns conducted +by the Department. + (b) Use of Focus Groups.-- + (1) In general.--The Secretary shall convene not fewer than + eight different focus groups to evaluate the effectiveness of + the suicide prevention and mental health materials and + campaigns as required under subsection (a). + (2) Location of focus groups.--Focus groups convened under + paragraph (1) shall be held in geographically diverse areas as + follows: + (A) Not fewer than two in rural or highly rural + areas. + (B) Not fewer than one in each of the four + districts of the Veterans Benefits Administration. + (3) Timing of focus groups.--Focus groups convened under + paragraph (1) shall be held at a variety of dates and times to + ensure an adequate representation of veterans with different + work schedules. + (4) Number of participants.--Each focus group convened + under paragraph (1) shall include not fewer than five and not + more than 12 participants. + (5) Representation.--Each focus group convened under + paragraph (1) shall, to the extent practicable, include + veterans of diverse backgrounds, including-- + (A) veterans of all eras, as determined by the + Secretary; + (B) women veterans; + (C) minority veterans; + (D) Native American veterans, as defined in section + 3765 of title 38, United States Code; + (E) veterans who identify as lesbian, gay, + bisexual, transgender, or queer (commonly referred to + as ``LGBTQ''); + (F) veterans who live in rural or highly rural + areas; and + (G) individuals transitioning from active duty in + the Armed Forces to civilian life. + (c) Report.-- + (1) In general.--Not later than 90 days after the last + focus group meeting under subsection (b), the Secretary shall + submit to the Committee on Veterans' Affairs of the Senate and + the Committee on Veterans' Affairs of the House of + Representatives a report on the findings of the focus groups. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) Based on the findings of the focus groups, an + assessment of the effectiveness of current suicide + prevention and mental health outreach efforts of the + Department in reaching veterans as a whole as well as + specific groups of veterans (for example, women + veterans). + (B) Based on the findings of the focus groups, + recommendations for future suicide prevention and + mental health outreach efforts by the Department to + target specific groups of veterans. + (C) A plan to change the current approach by the + Department to suicide prevention and mental health + outreach or, if the Secretary decides not to change the + current approach, an explanation of the reason for + maintaining the current approach. + (D) Such other issues as the Secretary considers + necessary. + (d) Representative Survey.-- + (1) In general.--Not later than one year after the last + focus group meeting under subsection (b), the Secretary shall + complete a representative survey of the veteran population that + is informed by the focus group data in order to collect + information about the effectiveness of the mental health and + suicide prevention outreach campaigns conducted by the + Department. + (2) Veterans surveyed.-- + (A) In general.--Veterans surveyed under paragraph + (1) shall include veterans described in subsection + (b)(5). + (B) Disaggregation of data.--Data of veterans + surveyed under paragraph (1) shall be disaggregated + by-- + (i) veterans who have received care from + the Department during the two-year period + preceding the survey; and + (ii) veterans who have not received care + from the Department during the two-year period + preceding the survey. + (e) Treatment of Contracts for Suicide Prevention and Mental Health +Outreach Media.-- + (1) Focus groups.-- + (A) In general.--The Secretary shall include in + each contract to develop media relating to suicide + prevention and mental health outreach a requirement + that the contractor convene focus groups of veterans to + assess the effectiveness of suicide prevention and + mental health outreach. + (B) Representation.--Each focus group required + under subparagraph (A) shall, to the extent + practicable, include veterans of diverse backgrounds, + including-- + (i) veterans of all eras, as determined by + the Secretary; + (ii) women veterans; + (iii) minority veterans; + (iv) Native American veterans, as defined + in section 3765 of title 38, United States + Code; + (v) veterans who identify as lesbian, gay, + bisexual, transgender, or queer (commonly + referred to as ``LGBTQ''); + (vi) veterans who live in rural or highly + rural areas; and + (vii) individuals transitioning from active + duty in the Armed Forces to civilian life. + (2) Subcontracting.-- + (A) In general.--The Secretary shall include in + each contract described in paragraph (1)(A) a + requirement that, if the contractor subcontracts for + the development of media, the contractor shall + subcontract with a subcontractor that has experience + creating impactful media campaigns that target + individuals age 18 to 34. + (B) Budget limitation.--Not more than two percent + of the budget of the Office of Mental Health and + Suicide Prevention of the Department for contractors + for suicide prevention and mental health media outreach + shall go to subcontractors described in subparagraph + (A). + (f) Rural and Highly Rural Defined.--In this section, with respect +to an area, the terms ``rural'' and ``highly rural'' have the meanings +given those terms in the Rural-Urban Commuting Areas coding system of +the Department of Agriculture. + +SEC. 402. OVERSIGHT OF MENTAL HEALTH AND SUICIDE PREVENTION MEDIA + OUTREACH CONDUCTED BY DEPARTMENT OF VETERANS AFFAIRS. + + (a) Establishment of Goals.-- + (1) In general.--The Secretary of Veterans Affairs shall + establish goals for the mental health and suicide prevention + media outreach campaigns of the Department of Veterans Affairs + in raising awareness about mental health and suicide + prevention. + (2) Use of metrics.-- + (A) In general.--The goals established under + paragraph (1) shall be measured by metrics specific to + different media types as follows: + (i) Metrics relating to social media shall + include the following: + (I) Impressions. + (II) Reach. + (III) Engagement rate. + (IV) Such other metrics as the + Secretary considers necessary. + (ii) Metrics relating to television shall + include the following: + (I) Nielsen ratings. + (II) Such other metrics as the + Secretary considers necessary. + (iii) Metrics relating to email shall + include the following: + (I) Open rate. + (II) Response rate + (III) Click rate. + (IV) Such other metrics as the + Secretary considers necessary. + (B) Update.--The Secretary shall periodically + update the metrics under subparagraph (A) as more + accurate metrics become available. + (3) Targets.--The Secretary shall develop targets to track + the metrics used under paragraph (2). + (4) Consultation.--In establishing goals under paragraph + (1), the Secretary shall consult with the following: + (A) Relevant stakeholders, such as organizations + that represent veterans, as determined by the + Secretary. + (B) Mental health and suicide prevention experts. + (C) Such other persons as the Secretary considers + appropriate. + (5) Initial report.--Not later than 180 days after the date + of the enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report + detailing the goals established under paragraph (1) for the + mental health and suicide prevention media outreach campaigns + of the Department in raising awareness about mental health and + suicide prevention, including the metrics and targets for such + metrics by which those goals are to be measured under paragraph + (2). + (6) Annual report.--Not later than one year after the + submittal of the report under paragraph (3), and annually + thereafter, the Secretary shall submit to the Committee on + Veterans' Affairs of the Senate and the Committee on Veterans' + Affairs of the House of Representatives a report detailing-- + (A) the progress of the Department in meeting the + goals established under paragraph (1) and targets + developed under paragraph (3); and + (B) a description of action to be taken by the + Department to modify mental health and suicide + prevention media outreach campaigns if those goals and + targets are not being met. + (b) Establishment of Oversight Process.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary shall establish a + process to oversee the mental health and suicide prevention + media outreach campaigns of the Department. + (2) Components of oversight process.--The process + established under paragraph (1) shall include the following + components: + (A) A delineation of the roles and responsibilities + of all suicide prevention officials within the Office + of Mental Health and Suicide Prevention of the Veterans + Health Administration. + (B) A schedule for creating, approving, + implementing, and evaluating all unpaid media and paid + media content relating to mental health and suicide + prevention. + (C) Lines of reporting, as the Secretary considers + necessary, to report to management information relating + to the mental health and suicide prevention media + outreach campaigns of the Department. + (c) Contract Requirements.--The Secretary shall ensure that each +contract into which the Secretary enters to develop mental health and +suicide prevention outreach media includes requirements that the +contractor-- + (1) track metrics used by the Secretary under subsection + (a)(2); and + (2) not less frequently than quarterly, report such metrics + to the Office of Mental Health and Suicide Prevention of the + Veterans Health Administration. + (d) Report on Use of Funds by Office of Mental Health and Suicide +Prevention.--Not later than 180 days after the date of the enactment of +this Act, and semiannually thereafter, the Secretary shall submit to +the Committee on Appropriations and the Committee on Veterans' Affairs +of the Senate and the Committee on Appropriations and the Committee on +Veterans' Affairs of the House of Representatives a report containing +the expenditures and obligations of the Office of Mental Health and +Suicide Prevention of the Veterans Health Administration during the +period covered by the report. + +SEC. 403. ANNUAL REPORT ON PROGRESS OF DEPARTMENT OF VETERANS AFFAIRS + IN MEETING GOALS AND OBJECTIVES OF EXECUTIVE ORDER 13822. + + (a) In General.--Not later than 120 days after the date of the +enactment of this Act, and annually thereafter, the Secretary of +Veterans Affairs, in consultation with the Secretary of Defense and the +Secretary of Homeland Security, shall submit to the Committee on +Veterans' Affairs of the Senate and the Committee on Veterans' Affairs +of the House of Representatives a report that contains the following: + (1) An assessment of the progress of the Department of + Veterans Affairs, the Department of Defense, and the Department + of Homeland Security in meeting the goals and objectives + outlined in the report required under section 2(c) of Executive + Order 13822 (83 Fed. Reg. 1513; relating to supporting our + veterans during their transition from uniformed service to + civilian life) with respect to the implementation by the + Department of Veterans Affairs of the Joint Action Plan + required under section 2(b) of such Executive order. + (2) A description of action to be taken by the Department + of Veterans Affairs, the Department of Defense, and the + Department of Homeland Security if those goals and objectives + are not being met. + (3) An assessment of the effectiveness of Executive Order + 13822 at improving the transition process for members of the + Armed Forces and veterans. + (4) Such other topics as the Secretary of Veterans Affairs, + the Secretary of Defense, or the Secretary of Homeland Security + consider necessary. + (b) Submittal by Secretary of Veterans Affairs.--The Secretary of +Veterans Affairs shall submit each report required under paragraph (1) +with respect to the Department of Veterans Affairs regardless of +whether the Secretary of Defense or the Secretary of Homeland Security +provides any information for the report. + +SEC. 404. COMPTROLLER GENERAL MANAGEMENT REVIEW OF MENTAL HEALTH AND + SUICIDE PREVENTION SERVICES OF DEPARTMENT OF VETERANS + AFFAIRS. + + (a) In General.--Not later than three years after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Veterans' Affairs of the Senate and +the Committee on Veterans' Affairs of the House of Representatives a +management review of the mental health and suicide prevention services +provided by the Department of Veterans Affairs. + (b) Elements.--The management review required by subsection (a) +shall include the following: + (1) An assessment of the infrastructure under the control + of or available to the Office of Mental Health and Suicide + Prevention of the Department of Veterans Affairs or available + to the Department of Veterans Affairs for suicide prevention + efforts not operated by the Office of Mental Health and Suicide + Prevention. + (2) A description of the management and organizational + structure of the Office of Mental Health and Suicide + Prevention, including roles and responsibilities for each + position. + (3) A description of the operational policies and processes + of the Office of Mental Health and Suicide Prevention. + (4) An assessment of suicide prevention practices and + initiatives available from the Department and through community + partnerships. + (5) An assessment of the staffing levels at the Office of + Mental Health and Suicide Prevention, dissaggregated by type of + position, and including the location of any staffing + deficiencies. + (6) An assessment of the Nurse Advice Line pilot program + conducted by the Department. + (7) An assessment of recruitment initiatives in rural areas + for mental health professionals of the Department. + (8) An assessment of strategic planning conducted by the + Office of Mental Health and Suicide Prevention. + (9) An assessment of the communication, and the + effectiveness of such communication-- + (A) within the central office of the Office of + Mental Health and Suicide Prevention; + (B) between that central office and any staff + member or office in the field, including chaplains, + attorneys, law enforcement personnel, and volunteers; + and + (C) between that central office, local facilities + of the Department, and community partners of the + Department, including first responders, community + support groups, and health care industry partners. + (10) An assessment of how effectively the Office of Mental + Health and Suicide Prevention implements operational policies + and procedures. + (11) An assessment of how the Department of Veterans + Affairs and the Department of Defense coordinate suicide + prevention efforts, and recommendations on how the Department + of Veterans Affairs and Department of Defense can more + effectively coordinate those efforts. + (12) An assessment of such other areas as the Comptroller + General considers appropriate to study. + +SEC. 405. COMPTROLLER GENERAL REPORT ON EFFORTS OF DEPARTMENT OF + VETERANS AFFAIRS TO INTEGRATE MENTAL HEALTH CARE INTO + PRIMARY CARE CLINICS. + + (a) Initial Report.-- + (1) In general.--Not later than two years after the date of + the enactment of this Act, the Comptroller General of the + United States shall submit to the Committee on Veterans' + Affairs of the Senate and the Committee on Veterans' Affairs of + the House of Representatives a report on the efforts of the + Department of Veterans Affairs to integrate mental health care + into primary care clinics of the Department. + (2) Elements.--The report required by subsection (a) shall + include the following: + (A) An assessment of the efforts of the Department + to integrate mental health care into primary care + clinics of the Department. + (B) An assessment of the effectiveness of such + efforts. + (C) An assessment of how the health care of + veterans is impacted by such integration. + (D) A description of how care is coordinated by the + Department between specialty mental health care and + primary care, including a description of the following: + (i) How documents and patient information + are transferred and the effectiveness of those + transfers. + (ii) How care is coordinated when veterans + must travel to different facilities of the + Department. + (iii) How a veteran is reintegrated into + primary care after receiving in-patient mental + health care. + (E) An assessment of how the integration of mental + health care into primary care clinics is implemented at + different types of facilities of the Department. + (F) Such recommendations on how the Department can + better integrate mental health care into primary care + clinics as the Comptroller General considers + appropriate. + (G) An assessment of such other areas as the + Comptroller General considers appropriate to study. + (b) Community Care Integration Report.-- + (1) In general.--Not later than two years after the date on + which the Comptroller General submits the report required under + subsection (a)(1), the Comptroller General shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report + on the efforts of the Department to integrate community-based + mental health care into the Veterans Health Administration. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) An assessment of the efforts of the Department + to integrate community-based mental health care into + the Veterans Health Administration. + (B) An assessment of the effectiveness of such + efforts. + (C) An assessment of how the health care of + veterans is impacted by such integration. + (D) A description of how care is coordinated + between providers of community-based mental health care + and the Veterans Health Administration, including a + description of how documents and patient information + are transferred and the effectiveness of those + transfers between-- + (i) the Veterans Health Administration and + providers of community-based mental health + care; and + (ii) providers of community-based mental + health care and the Veterans Health + Administration. + (E) An assessment of any disparities in the + coordination of community-based mental health care into + the Veterans Health Administration by location and type + of facility. + (F) An assessment of the military cultural + competency of health care providers providing + community-based mental health care to veterans. + (G) Such recommendations on how the Department can + better integrate community-based mental health care + into the Veterans Health Administration as the + Comptroller General considers appropriate. + (H) An assessment of such other areas as the + Comptroller General considers appropriate to study. + (3) Community-based mental health care defined.--In this + subsection, the term ``community-based mental health care'' + means mental health care paid for by the Department but + provided by a non-Department health care provider at a non- + Department facility, including care furnished under section + 1703 of title 38, United States Code (as in effect on the date + specified in section 101(b) of the Caring for Our Veterans Act + of 2018 (title I of Public Law 115-182)). + +SEC. 406. 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.--The 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). + + TITLE V--MEDICAL WORKFORCE + + Subtitle A--Improvement of Mental Health Medical Workforce + +SEC. 501. TREATMENT OF PSYCHOLOGISTS. + + (a) Treatment as Title 38 Employees.--Section 7401 of title 38, +United States Code, is amended-- + (1) in paragraph (1) by inserting ``psychologists,'' after + ``chiropractors,''; and + (2) in paragraph (3), by striking ``psychologists,''. + (b) Inclusion in Contracts for Scarce Medical Specialist +Services.--Section 7409(a) of title 38, United States Code, is amended +by inserting ``psychologists,'' after ``chiropractors,''. + +SEC. 502. STAFFING IMPROVEMENT PLAN FOR PSYCHIATRISTS AND PSYCHOLOGISTS + OF DEPARTMENT OF VETERANS AFFAIRS. + + (a) Staffing Plan.--Not later than 270 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs, in +consultation with the Inspector General of the Department of Veterans +Affairs, shall submit to the Committee on Veterans' Affairs of the +Senate and the Committee on Veterans' Affairs of the House of +Representatives a plan to address staffing shortages of psychiatrists +and psychologists of the Department of Veterans Affairs, including +filling any open positions. + (b) Elements.--The plan required by subsection (a) shall include +the following: + (1) The number of positions for psychiatrists and + psychologists of the Department that need to be filled to meet + demand, disaggregated by Veterans Integrated Service Network + and medical center. + (2) An identification of the steps that the Secretary will + take in each Veterans Integrated Service Network to address + such shortages, include the following: + (A) A description of any region-specific hiring + incentives to be used by the Secretary in consultation + with the directors of Veterans Integrated Service + Networks and medical centers of the Department. + (B) A description of any local retention or + engagement incentives to be used by directors of + Veterans Integrated Service Networks. + (3) Such recommendations for legislative or administrative + action as the Secretary considers necessary to aid in + addressing staffing shortages of psychiatrists and + psychologists of the Department. + +SEC. 503. OCCUPATIONAL SERIES AND STAFFING IMPROVEMENT PLAN FOR + LICENSED PROFESSIONAL MENTAL HEALTH COUNSELORS AND + MARRIAGE AND FAMILY THERAPISTS OF DEPARTMENT OF VETERANS + AFFAIRS. + + (a) Occupational Series.--Not later than one year after the date of +the enactment of this Act, the Secretary of Veterans Affairs, in +consultation with the Office of Personnel Management, shall develop an +occupational series for licensed professional mental health counselors +and marriage and family therapists of the Department of Veterans +Affairs. + (b) Staffing Plan.-- + (1) In general.--Not later than 270 days after the date of + the enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a plan to + address staffing shortages of licensed professional mental + health counselors and marriage and family therapists of the + Department of Veterans Affairs. + (2) Elements.--The plan required by paragraph (1) shall + include the following: + (A) The number of positions for licensed + professional mental health counselors and marriage and + family therapists of the Department that need to be + filled to meet demand, disaggregated by Veterans + Integrated Service Network and medical center. + (B) An identification of the steps that the + Secretary will take in each Veterans Integrated Service + Network to address such shortages, include the + following: + (i) A description of any region-specific + hiring incentives to be used by the Secretary + in consultation with the directors of Veterans + Integrated Service Networks and medical centers + of the Department. + (ii) A description of any local retention + or engagement incentives to be used by + directors of Veterans Integrated Service + Networks. + (C) Such recommendations for legislative or + administrative action as the Secretary, in consultation + with the Inspector General of the Department of + Veterans Affairs, considers necessary to aid in + addressing staffing shortages of licensed professional + mental health counselors and marriage and family + therapists of the Department. + (c) Report.--Not later than one year after the submittal of the +plan required by subsection (b), the Secretary shall submit to the +Committee on Veterans' Affairs of the Senate and the Committee on +Veterans' Affairs of the House of Representatives a report setting +forth the number of licensed professional mental health counselors and +marriage and family therapists hired by the Department during the one- +year period preceding the submittal of the report, disaggregated by +Veterans Integrated Service Network and medical center. + +SEC. 504. STAFFING IMPROVEMENT PLAN FOR PEER SPECIALISTS OF DEPARTMENT + OF VETERANS AFFAIRS WHO ARE WOMEN. + + (a) Assessment of Capacity.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of Veterans Affairs, + in consultation with the Inspector General of the Department of + Veterans Affairs, shall commence an assessment of the capacity + of peer specialists of the Department of Veterans Affairs who + are women. + (2) Elements.--The assessment required by paragraph (1) + shall include an assessment of the following: + (A) The geographical distribution of peer + specialists of the Department who are women. + (B) The geographical distribution of women + veterans. + (C) The number and proportion of women peer + specialists who specialize in peer counseling on mental + health or suicide prevention. + (D) The number and proportion of women peer + specialists who specialize in peer counseling on non- + mental health related matters. + (b) Report.--Not later than one year after the assessment required +by subsection (a) has commenced, the Secretary shall submit to the +Committee on Veterans' Affairs of the Senate and the Committee on +Veterans' Affairs of the House of Representatives a report detailing +the findings of the assessment. + (c) Staffing Improvement Plan.-- + (1) In general.--Not later than 180 days after submitting + the report under subsection (b), the Secretary, in consultation + with the Inspector General, shall submit to the Committee on + Veterans' Affairs of the Senate and the Committee on Veterans' + Affairs of the House of Representatives a plan, based on the + results of the assessment required by subsection (a), to hire + additional qualified peer specialists who are women, with + special consideration for areas that lack peer specialists who + are women. + (2) Elements.--The peer specialist positions included in + the plan required by paragraph (1)-- + (A) shall be non-volunteer, paid positions; and + (B) may be part-time positions. + +SEC. 505. ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS READJUSTMENT + COUNSELING SERVICE SCHOLARSHIP PROGRAM. + + (a) In General.--Chapter 76 of title 38, United States Code, is +amended by inserting after subchapter VIII the following new +subchapter: + + ``SUBCHAPTER IX--READJUSTMENT COUNSELING SERVICE SCHOLARSHIP PROGRAM + +``Sec. 7698. Requirement for program + ``As part of the Educational Assistance Program, the Secretary +shall carry out a scholarship program under this subchapter. The +program shall be known as the Department of Veterans Affairs +Readjustment Counseling Service Scholarship Program (in this subchapter +referred to as the `Program'). +``Sec. 7699. Eligibility; agreement + ``(a) In General.--An individual is eligible to participate in the +Program, as determined by the Readjustment Counseling Service of the +Department, if the individual-- + ``(1) is accepted for enrollment or enrolled (as described + in section 7602 of this title) in, a program of study at an + accredited educational institution, school, or training program + leading to-- + ``(A) a bachelor's, master's, or doctoral degree in + psychology, social work, or marriage and family + therapy; or + ``(B) a master's degree in mental health + counseling; and + ``(2) enters into an agreement with the Secretary under + subsection (c). + ``(b) Priority.--In selecting individuals to participate in the +Program, the Secretary shall give priority to the following +individuals: + ``(1) An individual who agrees to be employed by a Vet + Center located in a community that is-- + ``(A) designated as a medically underserved + population under section 330(b)(3) of the Public Health + Service Act (42 U.S.C. 254b(b)(3)); and + ``(B) in a state with a per capita population of + veterans of more than five percent according to the + National Center for Veterans Analysis and Statistics + and the Bureau of the Census. + ``(2) An individual who is a veteran. + ``(c) Agreement.--An agreement between the Secretary and a +participant in the Program shall (in addition to the requirements set +forth in section 7604 of this title) include the following: + ``(1) An agreement by the Secretary to provide the + participant with a scholarship under the Program for a + specified number of school years during which the participant + pursues a program of study described in subsection (a)(1) that + meets the requirements set forth in section 7602(a) of this + title. + ``(2) An agreement by the participant to serve as a full- + time employee of the Department at a Vet Center for a three- + year period during the six-year period following the completion + by the participant of such program of study (in this subchapter + referred to as the `period of obligated service'). + ``(d) Vet Center Defined.--In this section, the term `Vet Center' +has the meaning given that term in section 1712A(h) of this title. +``Sec. 7699A. Obligated service + ``(a) In General.--Each participant in the Program shall provide +service as a full-time employee of the Department at a Vet Center (as +defined in section 7699(c) of this title) for the period of obligated +service set forth in the agreement of the participant entered into +under section 7604 of this title. + ``(b) Determination of Service Commencement Date.--(1) Not later +than 60 days before the service commencement date of a participant, the +Secretary shall notify the participant of that service commencement +date. + ``(2) The date specified in paragraph (1) with respect to a +participant is the date for the beginning of the period of obligated +service of the participant. +``Sec. 7699B. Breach of agreement: liability + ``(a) Liquidated Damages.--(1) A participant in the Program (other +than a participant described in subsection (b)) who fails to accept +payment, or instructs the educational institution in which the +participant is enrolled not to accept payment, in whole or in part, of +a scholarship under the agreement entered into under section 7604 of +this title shall be liable to the United States for liquidated damages +in the amount of $1,500. + ``(2) Liability under paragraph (1) is in addition to any period of +obligated service or other obligation or liability under such +agreement. + ``(b) Liability During Program of Study.--(1) Except as provided in +subsection (d), a participant in the Program shall be liable to the +United States for the amount which has been paid to or on behalf of the +participant under the agreement if any of the following occurs: + ``(A) The participant fails to maintain an acceptable level + of academic standing in the educational institution in which + the participant is enrolled (as determined by the educational + institution under regulations prescribed by the Secretary). + ``(B) The participant is dismissed from such educational + institution for disciplinary reasons. + ``(C) The participant voluntarily terminates the program of + study in such educational institution before the completion of + such program of study. + ``(2) Liability under this subsection is in lieu of any service +obligation arising under the agreement. + ``(c) Liability During Period of Obligated Service.--(1) Except as +provided in subsection (d), if a participant in the Program does not +complete the period of obligated service of the participant, the United +States shall be entitled to recover from the participant an amount +determined in accordance with the following formula: A=3F(t-s/t). + ``(2) In the formula in paragraph (1): + ``(A) `A' is the amount the United States is entitled to + recover. + ``(B) `F' is the sum of-- + ``(i) the amounts paid under this subchapter to or + on behalf of the participant; and + ``(ii) the interest on such amounts which would be + payable if at the time the amounts were paid they were + loans bearing interest at the maximum legal prevailing + rate, as determined by the Treasurer of the United + States. + ``(C) `t' is the total number of months in the period of + obligated service of the participant. + ``(D) `s' is the number of months of such period served by + the participant. + ``(d) Limitation on Liability for Reductions-in-Force.--Liability +shall not arise under subsection (c) if the participant fails to +maintain employment as a Department employee due to a staffing +adjustment. + ``(e) Period for Payment of Damages.--Any amount of damages that +the United States is entitled to recover under this section shall be +paid to the United States within the one-year period beginning on the +date of the breach of the agreement.''. + (b) Conforming and Technical Amendments.-- + (1) Conforming amendments.-- + (A) Establishment of program.--Section 7601(a) of + such title is amended-- + (i) in paragraph (5), by striking ``and''; + (ii) in paragraph (6), by striking the + period and inserting ``; and''; and + (iii) by adding at the end the following + new paragraph: + ``(7) the readjustment counseling service scholarship + program provided for in subchapter IX of this chapter.''. + (B) Eligibility.--Section 7602 of such title is + amended-- + (i) in subsection (a)(1)-- + (I) by striking ``or VI'' and + inserting ``VI, or IX''; and + (II) by striking ``subchapter VI'' + and inserting ``subchapter VI or IX''; + and + (ii) in subsection (b), by striking ``or + VI'' and inserting ``VI, or IX''. + (C) Application.--Section 7603(a)(1) of such title + is amended by striking ``or VIII'' and inserting + ``VIII, or IX''. + (D) Terms of agreement.--Section 7604 of such title + is amended by striking ``or VIII'' each place it + appears and inserting ``VIII, or IX''. + (E) Annual report.--Section 7632 of such title is + amended-- + (i) in paragraph (1), by striking ``and the + Specialty Education Loan Repayment Program'' + and inserting ``the Specialty Education Loan + Repayment Program, and the Readjustment + Counseling Service Scholarship Program''; and + (ii) in paragraph (4), by striking ``and + per participant in the Specialty Education Loan + Repayment Program'' and inserting ``per + participant in the Specialty Education Loan + Repayment Program, and per participant in the + Readjustment Counseling Service Scholarship + Program''. + (2) Table of sections.--The table of sections at the + beginning of chapter 76 of such title is amended by inserting + after the items relating to subchapter VIII the following: + + ``subchapter ix--readjustment counseling service scholarship program + +``Sec. +``7698. Requirement for program. +``7699. Eligibility; agreement. +``7699A. Obligated service. +``7699B. Breach of agreement: liability.''. + (c) Effective Date.--The Secretary of Veterans Affairs shall begin +awarding scholarships under subchapter IX of chapter 76 of title 38, +United States Code, as added by subsection (a), for programs of study +beginning not later than one year after the date of the enactment of +this Act. + +SEC. 506. COMPTROLLER GENERAL REPORT ON READJUSTMENT COUNSELING SERVICE + OF DEPARTMENT OF VETERANS AFFAIRS. + + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Veterans' Affairs of the Senate and +the Committee on Veterans' Affairs of the House of Representatives a +report on the Readjustment Counseling Service of the Department of +Veterans Affairs. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) An assessment of the adequacy and types of treatment, + counseling, and other services provided at Vet Centers, + including recommendations on whether and how such treatment, + counseling, and other services can be expanded. + (2) An assessment of the efficacy of outreach efforts by + the Readjustment Counseling Service, including recommendations + for how outreach efforts can be improved. + (3) An assessment of barriers to care at Vet Centers, + including recommendations for overcoming those barriers. + (4) An assessment of the efficacy and frequency of the use + of telehealth by counselors of the Readjustment Counseling + Service to provide mental health services, including + recommendations for how the use of telehealth can be improved. + (5) An assessment of the feasibility and advisability of + expanding eligibility for services from the Readjustment + Counseling Service, including-- + (A) recommendations on what eligibility criteria + could be expanded; and + (B) an assessment of potential costs and increased + infrastructure requirements if eligibility is expanded. + (6) An assessment of the use of Vet Centers by members of + the reserve components of the Armed Forces who were never + activated and recommendations on how to better reach those + members. + (7) An assessment of the use of Vet Centers by eligible + family members of former members of the Armed Forces and + recommendations on how to better reach those family members. + (8) An assessment of the efficacy of group therapy and the + level of training of providers at Vet Centers in administering + group therapy. + (c) Vet Center Defined.--In this section, the term ``Vet Center'' +has the meaning given that term in section 1712A(h) of title 38, United +States Code. + +SEC. 507. EXPANSION OF REPORTING REQUIREMENTS ON READJUSTMENT + COUNSELING SERVICE OF DEPARTMENT OF VETERANS AFFAIRS. + + (a) Expansion of Annual Report.--Paragraph (2)(C) of section +7309(e) of title 38, United States Code, is amended by inserting before +the period at the end the following: ``, including the resources +required to meet such unmet need, such as additional staff, additional +locations, additional infrastructure, infrastructure improvements, and +additional mobile Vet Centers''. + (b) Biennial Report.--Such section is amended by adding at the end +the following new paragraph: + ``(3) For each even numbered year in which the report required by +paragraph (1) is submitted, the Secretary shall include in such report +a prediction of trends in demand for care, long-term investments +required with respect to the provision of care, maintenance of +infrastructure, and other capital investments with respect to the +Readjustment Counseling Service, including Vet Centers, Mobile Vet +Centers, and community access points.''. + +SEC. 508. STUDIES ON ALTERNATIVE WORK SCHEDULES FOR EMPLOYEES OF + VETERANS HEALTH ADMINISTRATION. + + (a) Study of Veterans.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Veterans Affairs + shall conduct a study on the attitudes of eligible veterans + toward the Department of Veterans Affairs offering appointments + outside the usual operating hours of facilities of the + Department, including through the use of telehealth + appointments. + (2) Eligible veteran defined.--In this subsection, the term + ``eligible veteran'' means a veteran who-- + (A) is enrolled in the patient enrollment system of + the Department under section 1705(a) of title 38, + United States Code; and + (B) received health care from the Department at + least once during the two-year period ending on the + date of the commencement of the study under paragraph + (1). + (b) Department Study.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary shall conduct a study + on the feasibility and advisability of offering appointments + outside the usual operating hours of facilities of the + Department. + (2) Study of employees.--The study required by paragraph + (1) shall include a study of the opinions of employees of the + Veterans Health Administration, including clinical, + nonclinical, and support staff, with respect to offering + appointments outside the usual operating hours of facilities of + the Department, including through the use of telehealth + appointments. + +SEC. 509. SUICIDE PREVENTION COORDINATORS. + + The Secretary of Veterans Affairs shall ensure that each medical +center of the Department of Veterans Affairs is staffed with not fewer +than one suicide prevention coordinator. + +Subtitle B--Direct Hiring Authorities for Certain Health Care Positions + +SEC. 521. DIRECT HIRING AUTHORITIES FOR CERTAIN HEALTH CARE POSITIONS. + + (a) In General.--Subpart I of part III of title 5, United States +Code, is amended by adding at the end the following: + + ``CHAPTER 103--DEPARTMENT OF VETERANS AFFAIRS HIRING AUTHORITIES + +``Sec. +``10301. Department of Veterans Affairs personnel authorities. +``Sec. 10301. Department of Veterans Affairs personnel authorities + ``(a) Flexibilities Relating to Appointments.-- + ``(1) In general.--The Secretary of Veterans Affairs + (referred to in this section as the `Secretary') shall + promulgate regulations to redesign the procedures that are + applied by the Department of Veterans Affairs in making + appointments to positions described in paragraphs (1) and (3) + of section 7401 of title 38 in order to-- + ``(A) better meet mission needs; + ``(B) respond to managers' needs and the needs of + applicants; + ``(C) produce high-quality applicants; + ``(D) support timely decisions; and + ``(E) promote competitive job offers. + ``(2) Waived requirements.--In redesigning the process by + which the appointments described in paragraph (1) shall be + made, the Secretary may waive the requirements of chapter 33, + and the regulations implementing that chapter, to the extent + necessary to achieve the objectives of this section, while + providing for the following: + ``(A) Fair, credible, and transparent methods of + establishing qualification requirements for, + recruitment for, and appointments to positions. + ``(B) Fair and open competition and equitable + treatment in the consideration and selection of + individuals to positions. + ``(C) Fair, credible, and transparent methods of + assigning, reassigning, detailing, transferring, or + promoting employees. + ``(3) Implementation requirements.--In implementing this + subsection, the Secretary shall comply with the provisions of + section 2302(b)(11), regarding veterans' preference + requirements, in a manner consistent with that in which such + provisions are applied under chapter 33. + ``(4) Training program.--The Secretary shall develop a + training program for Department of Veterans Affairs human + resource professionals to implement the requirements of this + subsection. + ``(5) Indicators of effectiveness.--The Secretary shall + develop indicators of effectiveness to determine whether + appointment flexibilities under this subsection have achieved + the objectives described in paragraph (1). + ``(b) Criteria for Use of New Personnel Authorities.--In the +redesign of appointment procedures, as described in subsection (a), and +with respect to the system of appointment flexibilities established +under that subsection, the Secretary shall-- + ``(1) include a means for ensuring employee involvement + (for bargaining unit employees, through their exclusive + representatives) in that redesign and in the implementation of + that system; + ``(2) provide for adequate training and retraining for + supervisors, managers, and employees in the implementation and + operation of that redesign and that system; + ``(3) develop-- + ``(A) a comprehensive management succession program + to provide training to employees to develop managers + for the agency; and + ``(B) a program to provide training to supervisors + on actions, options, and strategies that a supervisor + may use in administering that system; + ``(4) include effective transparency and accountability + measures and safeguards to ensure that the management of that + system is fair, credible, and equitable, including appropriate + independent reasonableness reviews, internal assessments, and + employee surveys; + ``(5) provide mentors to advise individuals on their career + paths and opportunities to advance and excel within their + fields; + ``(6) develop appropriate procedures for warnings during + performance evaluations for employees who fail to meet + performance standards; + ``(7) utilize the quadrennial strategic plan required under + section 7330C(b) of title 38; and + ``(8) ensure that adequate agency resources are allocated + for the design, implementation, and administration of that + system.''. + (b) Technical and Conforming Amendment.--The table of chapters for +part III of title 5, United States Code, is amended by inserting after +the item relating to chapter 102 the following: + +``103. Department of Veterans Affairs Hiring Authorities.... 10301.''. + + TITLE VI--IMPROVEMENT OF TELEHEALTH SERVICES + +SEC. 601. EXPANDED TELEHEALTH FROM DEPARTMENT OF VETERANS AFFAIRS. + + (a) In General.--The Secretary of Veterans Affairs shall enter into +partnerships, and expand existing partnerships, between the Department +of Veterans Affairs, organizations that represent or serve veterans, +nonprofit organizations, private businesses, and other interested +parties for the expansion of telehealth capabilities and the provision +of telehealth services to veterans through the award of grants under +subsection (c). + (b) Preference for Partnerships.--The Secretary shall give +preference to entering into or expanding partnerships under subsection +(a) with organizations that-- + (1) represent veterans in rural or highly rural areas (as + determined through the use of the Rural-Urban Commuting Areas + coding system of the Department of Agriculture); or + (2) operate in a medically underserved community (as + defined in section 799B of the Public Health Service Act (42 + U.S.C. 295p)). + (c) Award of Grants.-- + (1) In general.--In carrying out partnerships entered into + or expanded under this section with entities described in + subsection (a), the Secretary shall award grants to those + entities. + (2) Maximum amount of grants.--The amount of a grant + awarded under this subsection may not exceed $75,000 per site + per year. + (3) Use of grants.-- + (A) In general.--Grants awarded to an entity under + this subsection shall be used for the following: + (i) Purchasing or upgrading hardware or + software necessary for the provision of secure + and private telehealth services. + (ii) Upgrading security protocols for + consistency with the standardized telehealth + security protocol implemented under section + 602(a)(2), or any other security requirements + of the Department. + (iii) Training of employees, including + payment of those employees for completing that + training, with respect to-- + (I) military and veteran cultural + competence, if the entity is not an + organization that represents veterans; + and + (II) equipment required to provide + telehealth services. + (iv) Upgrading existing infrastructure + owned or leased by the entity to make rooms + more conducive to telehealth care, including-- + (I) additional walls to create a + new, private room; + (II) soundproofing of existing + rooms; or + (III) new electrical or internet + outlets in an existing room. + (v) Upgrading existing infrastructure to + comply with the Americans with Disabilities Act + of 1990 (42 U.S.C. 12101 et seq.). + (vi) Upgrading internet infrastructure. + (B) Exclusion.--Grants may not be used for the + purchase of new property or for major construction + projects, as determined by the Secretary. + (d) Memoranda of Understanding or Agreement on Telehealth Access +Points.-- + (1) In general.--An entity described in subsection (a) that + seeks to establish a telehealth access point for veterans but + does not require grant funding under this section to do so may + enter into a memorandum of understanding or memorandum of + agreement with the Department for the establishment of such an + access point. + (2) Inspection.--The Secretary shall inspect the access + point proposed to be established under paragraph (1) to ensure + that it is adequately private, secure, and accessible for + veterans before the access point is established. + (e) Assessment of Barriers to Access.-- + (1) In general.--Not later than 18 months after the date of + the enactment of this Act, the Secretary shall complete an + assessment of barriers faced by veterans in accessing + telehealth services from home. + (2) Elements.--The assessment required by paragraph (1) + shall include the following: + (A) An assessment of current and potential future + cost barriers to veterans having internet access at + home. + (B) An assessment of current and potential future + barriers to veterans accessing broadband services at + home. + (C) A description of how the Department plans to + address the current and potential future cost and + access barriers described in subparagraphs (A) and (B). + (D) Such other matters related to internet access + for veterans in their homes as the Secretary considers + relevant. + (3) Report.--Not later than 120 days after the completion + of the assessment required by paragraph (1), the Secretary + shall submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a report on the assessment, including any + recommendations for legislative or administrative action based + on the results of the assessment. + (f) Authorization of Appropriations.--There is authorized to be +appropriated to the Secretary of Veterans Affairs $10,000,000 to carry +out this section. + +SEC. 602. IMPLEMENTATION OF NATIONAL PROTOCOL FOR TELEHEALTH SECURITY + AND INTERFACING INSTRUCTIONS. + + (a) National Telehealth Security Protocol.-- + (1) Assessment.-- + (A) In general.--The Secretary of Veterans Affairs, + in consultation with industry experts, the Chairman of + the Federal Trade Commission, the Assistant Secretary + of Veterans Affairs for Information and Technology and + Chief Information Officer, and stakeholders, shall + conduct an assessment of current telehealth security + protocols. + (B) Elements.--The assessment conducted under + subparagraph (A) shall include the following: + (i) An assessment of current telehealth + security protocols, including protocols used + by-- + (I) the Department of Veterans + Affairs; + (II) other Federal agencies; + (III) other health care providers; + and + (IV) such other organizations as + the Secretary considers necessary to + assess under such subparagraph. + (ii) A study of any current or future + security risks-- + (I) faced by veterans using + telehealth services; or + (II) faced by the Department in + furnishing those services. + (C) Timeline.--The Secretary shall complete the + assessment conducted under subparagraph (A) not later + than one year after the date of the enactment of this + Act. + (2) Implementation.--Not later than 18 months after the + completion of the assessment under paragraph (1), the Secretary + shall, using guidance from the assessment, fully implement a + standardized telehealth security protocol at all facilities of + the Department. + (3) Privacy and security.--The Secretary shall ensure that + the security protocol implemented under this subsection + protects the privacy and security of veterans, the health data + of veterans, and data from the Department. + (b) National Telehealth Interfacing Instructions.-- + (1) Assessment.-- + (A) In general.--The Secretary of Veterans Affairs, + in consultation with industry experts, organizations + that represent veterans, the Chief Veterans Experience + Officer, the Assistant Secretary of Veterans Affairs + for Information and Technology and Chief Information + Officer, and stakeholders, shall conduct an assessment + of current telehealth interfacing instructions. + (B) Elements.--The assessment conducted under + subparagraph (A) shall include an assessment of + interfacing instructions used by-- + (i) the Department of Veterans Affairs; + (ii) other Federal agencies; + (iii) other health care providers; and + (iv) such other organizations as the + Secretary considers necessary to assess under + such subparagraph. + (C) Timeline.--The Secretary shall complete the + assessment conducted under subparagraph (A) not later + than one year after the date of the enactment of this + Act. + (2) Implementation.--Not later than 18 months after the + completion of the assessment under paragraph (1), the Secretary + shall, using guidance from the assessment, fully implement + standardized telehealth interfacing instructions at all + facilities of the Department. + (3) Navigation.--The Secretary shall ensure that the + telehealth interfacing instructions implemented under this + subsection are those that are easiest to navigate for veterans + and health care providers. + \ No newline at end of file From f40498f2a7c61cffe83cbb5966a5d25a9ae6d455 Mon Sep 17 00:00:00 2001 From: "Sen. Tester, Jon [D-MT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 755/984] Senate-785: Engrossed in Senate --- bills_text/Senate-785.txt | 3880 ++++++++++++++++++++++--------------- 1 file changed, 2299 insertions(+), 1581 deletions(-) diff --git a/bills_text/Senate-785.txt b/bills_text/Senate-785.txt index aff190e..d9565e4 100644 --- a/bills_text/Senate-785.txt +++ b/bills_text/Senate-785.txt @@ -1,29 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 785 - To improve mental health care provided by the Department of Veterans - Affairs, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 13, 2019 - - Mr. Tester (for himself, Mr. Moran, Ms. Baldwin, Ms. Stabenow, Mr. - Kaine, Mr. Markey, Ms. Sinema, Ms. Hirono, Mr. Durbin, Mr. Casey, Ms. -Harris, Mr. Udall, Mr. Blumenthal, Mr. Murphy, Mr. Warner, Mrs. Murray, - Mrs. Feinstein, Mr. Menendez, Mr. Booker, Ms. Smith, Mr. Manchin, Ms. - Klobuchar, Mr. Sanders, and Ms. Duckworth) introduced the following - bill; which was read twice and referred to the Committee on Veterans' - Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -44,52 +25,56 @@ Sec. 1. Short title; table of contents. TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS -Sec. 101. Expansion of health care coverage for veterans. -Sec. 102. Grants for provision of transition assistance to former - members of the Armed Forces transitioning - to civilian life. -Sec. 103. Study of community-based transition assistance programs for - former members of the Armed Forces. -Sec. 104. Modification of eligibility for care from Department of - Veterans Affairs for former members of the - Armed Forces with other than honorable - discharges and report on such care. +Sec. 101. Strategic plan on expansion of health care coverage for + veterans transitioning from service in the + Armed Forces. +Sec. 102. Review of records of former members of the Armed Forces who + die by suicide within one year of + separation from the Armed Forces. +Sec. 103. Report on REACH VET program of Department of Veterans + Affairs. +Sec. 104. Report on care for former members of the Armed Forces with + other than honorable discharge. TITLE II--SUICIDE PREVENTION -Sec. 201. Grants for organizations providing mental health wellness - services to veterans. -Sec. 202. Designation of buddy check week by Department of Veterans - Affairs. -Sec. 203. Post-traumatic growth partnerships. -Sec. 204. Progress of Department of Veterans Affairs in meeting goals - and objectives of National Strategy for - Preventing Veteran Suicide. -Sec. 205. Study on feasibility and advisability of providing certain +Sec. 201. Financial assistance to certain entities to provide or + coordinate the provision of suicide + prevention services for eligible + individuals and their families. +Sec. 202. Analysis on feasibility and advisability of the Department of + Veterans Affairs providing certain complementary and integrative health services. -Sec. 206. Program to provide veterans access to complementary and - integrative health services through animal - therapy, agri-therapy, and outdoor sports - therapy. -Sec. 207. Comptroller General report on management by Department of +Sec. 203. Pilot program to provide veterans access to complementary and + integrative health programs through animal + therapy, agritherapy, sports and recreation + therapy, art therapy, and posttraumatic + growth programs. +Sec. 204. Department of Veterans Affairs study of all-cause mortality + of veterans, including by suicide, and + review of staffing levels of mental health + professionals. +Sec. 205. Comptroller General report on management by Department of Veterans Affairs of veterans at high risk for suicide. TITLE III--PROGRAMS, STUDIES, AND GUIDELINES ON MENTAL HEALTH -Sec. 301. Program to provide veterans access to computerized cognitive - behavioral therapy. -Sec. 302. Study on connection between living at high altitude and +Sec. 301. Study on connection between living at high altitude and suicide risk factors among veterans. -Sec. 303. Establishment by Department of Veterans Affairs and - Department of Defense of clinical practice - guidelines for comorbid mental health - conditions. -Sec. 304. Update of clinical practice guidelines for assessment and +Sec. 302. Establishment by Department of Veterans Affairs and + Department of Defense of a clinical + provider treatment toolkit and accompanying + training materials for comorbidities. +Sec. 303. Update of clinical practice guidelines for assessment and management of patients at risk for suicide. +Sec. 304. Establishment by Department of Veterans Affairs and + Department of Defense of clinical practice + guidelines for the treatment of serious + mental illness. Sec. 305. Precision medicine initiative of Department of Veterans Affairs to identify and validate brain and mental health biomarkers. -Sec. 306. Preventative and complex data analysis by Department of +Sec. 306. Statistical analyses and data evaluation by Department of Veterans Affairs. TITLE IV--OVERSIGHT OF MENTAL HEALTH CARE AND RELATED SERVICES @@ -99,686 +84,1034 @@ Sec. 401. Study on effectiveness of suicide prevention and mental Sec. 402. Oversight of mental health and suicide prevention media outreach conducted by Department of Veterans Affairs. -Sec. 403. Annual report on progress of Department of Veterans Affairs - in meeting goals and objectives of - Executive Order 13822. -Sec. 404. Comptroller General management review of mental health and +Sec. 403. Comptroller General management review of mental health and suicide prevention services of Department of Veterans Affairs. -Sec. 405. Comptroller General report on efforts of Department of +Sec. 404. Comptroller General report on efforts of Department of Veterans Affairs to integrate mental health care into primary care clinics. -Sec. 406. Joint mental health programs by Department of Veterans +Sec. 405. Joint mental health programs by Department of Veterans Affairs and Department of Defense. - TITLE V--MEDICAL WORKFORCE - - Subtitle A--Improvement of Mental Health Medical Workforce + TITLE V--IMPROVEMENT OF MENTAL HEALTH MEDICAL WORKFORCE -Sec. 501. Treatment of psychologists. -Sec. 502. Staffing improvement plan for psychiatrists and psychologists - of Department of Veterans Affairs. -Sec. 503. Occupational series and staffing improvement plan for - licensed professional mental health - counselors and marriage and family - therapists of Department of Veterans - Affairs. -Sec. 504. Staffing improvement plan for peer specialists of Department - of Veterans Affairs who are women. -Sec. 505. Establishment of Department of Veterans Affairs Readjustment +Sec. 501. Staffing improvement plan for mental health providers of + Department of Veterans Affairs. +Sec. 502. Establishment of Department of Veterans Affairs Readjustment Counseling Service Scholarship Program. -Sec. 506. Comptroller General report on Readjustment Counseling Service +Sec. 503. Comptroller General report on Readjustment Counseling Service of Department of Veterans Affairs. -Sec. 507. Expansion of reporting requirements on Readjustment +Sec. 504. Expansion of reporting requirements on Readjustment Counseling Service of Department of Veterans Affairs. -Sec. 508. Studies on alternative work schedules for employees of +Sec. 505. Briefing on alternative work schedules for employees of Veterans Health Administration. -Sec. 509. Suicide prevention coordinators. -Subtitle B--Direct Hiring Authorities for Certain Health Care Positions - -Sec. 521. Direct hiring authorities for certain health care positions. - TITLE VI--IMPROVEMENT OF TELEHEALTH SERVICES - -Sec. 601. Expanded telehealth from Department of Veterans Affairs. -Sec. 602. Implementation of national protocol for telehealth security - and interfacing instructions. +Sec. 506. Suicide prevention coordinators. +Sec. 507. Report on efforts by Department of Veterans Affairs to + implement safety planning in emergency + departments. + TITLE VI--IMPROVEMENT OF CARE AND SERVICES FOR WOMEN VETERANS + +Sec. 601. Expansion of capabilities of Women Veterans Call Center to + include text messaging. +Sec. 602. Requirement for Department of Veterans Affairs internet + website to provide information on services + available to women veterans. + TITLE VII--OTHER MATTERS + +Sec. 701. Expanded telehealth from Department of Veterans Affairs. +Sec. 702. Partnerships with non-Federal Government entities to provide + hyperbaric oxygen therapy to veterans and + studies on the use of such therapy for + treatment of post-traumatic stress disorder + and traumatic brain injury. +Sec. 703. Prescription of technical qualifications for licensed hearing + aid specialists and requirement for + appointment of such specialists. +Sec. 704. Use by Department of Veterans Affairs of commercial + institutional review boards in sponsored + research trials. +Sec. 705. Creation of Office of Research Reviews within the Office of + Information and Technology of the + Department of Veterans Affairs. TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS -SEC. 101. EXPANSION OF HEALTH CARE COVERAGE FOR VETERANS. - - (a) In General.--Section 1710(a)(1) of title 38, United States -Code, is amended-- - (1) in subparagraph (A), by striking ``and'' at the end; - (2) by redesignating subparagraph (B) as subparagraph (C); - and - (3) by inserting after subparagraph (A) the following new - subparagraph (B): - ``(B) to any veteran during the one-year period following - the discharge or release of the veteran from active military, - naval, or air service; and''. - (b) Patient Enrollment System.--Section 1705(c) of such title is -amended by adding at the end the following new paragraph: - ``(3) Nothing in this section shall be construed to prevent the -Secretary from providing hospital care and medical services to a -veteran under section 1710(a)(1)(B) of this title during the period -specified in such section notwithstanding the failure of the veteran to -enroll in the system of patient enrollment established by the Secretary -under subsection (a).''. - (c) Promotion of Expanded Eligibility.-- - (1) Transition assistance program.-- - (A) In general.--The Secretary of Labor, in - consultation with the Secretary of Defense and the - Secretary of Veterans Affairs, shall promote to members - of the Armed Forces transitioning from service in the - Armed Forces to civilian life through the Transition - Assistance Program the expanded eligibility of veterans - for health care under the laws administered by the - Secretary of Veterans Affairs pursuant to the - amendments made by this section. - (B) Transition assistance program defined.--In this - paragraph, the term ``Transition Assistance Program'' - means the Transition Assistance Program under sections - 1142 and 1144 of title 10, United States Code. - (2) Publication by department of veterans affairs.--Not - later than 30 days after the date of the enactment of this Act, - the Secretary of Veterans Affairs shall publish on a website of - the Department of Veterans Affairs notification of the expanded - eligibility of veterans for health care under the laws - administered by the Secretary pursuant to the amendments made - by this section. - -SEC. 102. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO FORMER - MEMBERS OF THE ARMED FORCES TRANSITIONING TO CIVILIAN - LIFE. - - (a) Program Required.--Commencing not later than 180 days after the -date of the enactment of this Act, the Secretary of Labor shall, in -coordination with the Secretary of Veterans Affairs, carry out a -program on the provision of assistance to former members of the Armed -Forces, and spouses of such members, transitioning from service in the -Armed Forces to civilian life. - (b) Duration of Program.--The Secretary of Labor shall carry out -the program during the five-year period beginning on the date of the -commencement of the program. - (c) Grants.-- - (1) In general.--The Secretary shall carry out the program - through the award of grants to eligible organizations for the - provision of assistance described in subsection (a). - (2) Matching funds required.--A grant under this section - shall be in an amount that does not exceed 50 percent of the - amount required by the organization to provide the services - described in subsection (f). - (d) Eligible Organizations.--For purposes of this section, an -eligible organization is any nonprofit organization that the Secretary -of Labor determines, in consultation with the Secretary of Veterans -Affairs and State entities that serve veterans, is suitable for receipt -of a grant under the program pursuant to receipt by the Secretary of -Labor of an application submitted under subsection (e)(1). - (e) Selection of Grant Recipients.-- - (1) Applications.--An organization seeking a grant under - the program shall submit to the Secretary of Labor an - application therefor at such time, in such manner, and - containing such information and assurances as the Secretary, in - consultation with the Secretary of Veterans Affairs and State - entities that serve veterans, may require. - (2) Priority for hubs of services.--In awarding grants - under the program, the Secretary of Labor shall give priority - to an organization that provides multiple forms of services - described in subsection (f). - (f) Use of Grant Funds.--Each organization receiving a grant under -the program shall use the grant to provide to former members of the -Armed Forces and spouses described in subsection (a) the following: - (1) Resume assistance. - (2) Interview training. - (3) Job recruitment training. - (4) Entrepreneurship training. - (5) Financial services. - (6) Legal assistance. - (7) Educational supportive services. - (8) Assistance with accessing benefits provided under laws - administered by the Secretary of Veterans Affairs, including - home loan benefits, education benefits, adaptive housing - grants, and all other benefits. - (9) Nonclinical case management. - (10) Other related services leading directly to successful - transition, as determined by the Secretary of Labor in - consultation with the Secretary of Veterans Affairs. - (g) Annual Reports.-- +SEC. 101. STRATEGIC PLAN ON EXPANSION OF HEALTH CARE COVERAGE FOR + VETERANS TRANSITIONING FROM SERVICE IN THE ARMED FORCES. + + (a) Strategic Plan.-- (1) In general.--Not later than one year after the date of - the commencement of the program and not less frequently than - once each year thereafter until the termination of the program, - the Secretary of Labor shall, in consultation with the - Secretary of Veterans Affairs, submit to the appropriate - committees of Congress a report on the program carried out - under this section. - (2) Contents.--Each report submitted under paragraph (1) - shall include the following: - (A) A list of the organizations that have received - grants under the program, including the geographic - location of the organization and the types of services - outlined in subsection (f) that each organization - provides. - (B) The number of veterans served by each - organization. - (C) An assessment of the effectiveness of the - services provided under the program at improving the - transition process for former members of the Armed - Forces and spouses described in subsection (a), based - on metrics determined by the Secretary of Labor in - consultation with the Secretary of Veterans Affairs. - (D) The amount of each grant awarded to each - organization under the program. - (E) Such other matters as the Secretary of Labor, - in consultation with the Secretary of Veterans Affairs, - considers appropriate. - (3) Appropriate committees of congress.--In this - subsection, the term ``appropriate committees of Congress'' - means-- + the enactment of this Act, the Secretary of Veterans Affairs, + in consultation with the Secretary of Defense, shall submit to + the appropriate committees of Congress and publish on a website + of the Department of Veterans Affairs a strategic plan for the + provision by the Department of health care to any veteran + during the one-year period following the discharge or release + of the veteran from active military, naval, or air service. + (2) Elements.--The plan submitted under paragraph (1) shall + include the following: + (A) An identification of general goals and + objectives for the provision of health care to veterans + described in such paragraph. + (B) A description of how such goals and objectives + are to be achieved, including-- + (i) a description of the use of existing + personnel, information, technology, facilities, + public and private partnerships, and other + resources of the Department of Veterans + Affairs; + (ii) a description of the anticipated need + for additional resources for the Department; + and + (iii) an assessment of cost. + (C) An analysis of the anticipated health care + needs, including mental health care, for such veterans, + disaggregated by geographic area. + (D) An analysis of whether such veterans are + eligible for enrollment in the system of annual patient + enrollment of the Department under section 1705(a) of + title 38, United States Code. + (E) A description of activities designed to promote + the availability of health care from the Department for + such veterans, including outreach to members of the + Armed Forces though the Transition Assistance Program + under sections 1142 and 1144 of title 10, United States + Code. + (F) A description of legislative or administrative + action required to carry out the plan. + (G) A description of how the plan would further the + ongoing initiatives under Executive Order 13822 (83 + Fed. Reg. 1513; relating to supporting our veterans + during their transition from uniformed service to + civilian life) to provide seamless access to high- + quality mental health care and suicide prevention + resources to veterans as they transition, with an + emphasis on the one-year period following separation. + (b) Definitions.--In this section: + (1) Active military, naval, or air service.--The term + ``active military, naval, or air service'' has the meaning + given that term in section 101(24) of title 38, United States + Code. + (2) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- (A) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives. - (h) Authorization of Appropriations.--There is authorized to be -appropriated $10,000,000 to carry out this section. - -SEC. 103. STUDY OF COMMUNITY-BASED TRANSITION ASSISTANCE PROGRAMS FOR - FORMER MEMBERS OF THE ARMED FORCES. - - (a) Study.-- - (1) In general.--The Secretary of Veterans Affairs shall, - in consultation with the Secretary of Labor and State entities - that serve former members of the Armed Forces, enter into an - agreement with a Federal or non-Federal entity to develop or - access a comprehensive list of community-based programs that-- - (A) provide transition assistance to such former - members that lead directly to successful transition to - civilian life, such as-- - (i) resume assistance; - (ii) interview training; - (iii) job recruitment training; - (iv) entrepreneurship training; - (v) financial services; - (vi) legal assistance; - (vii) educational supportive services; - (viii) assistance with accessing benefits - provided under laws administered by the - Secretary of Veterans Affairs, including home - loan benefits, education benefits, adaptive - housing grants, and other benefits; and - (ix) nonclinical case management; and - (B) are operated by nonprofit organizations. - (2) Updates.-- - (A) Periodic.--Not less frequently than once every - five years, the Secretary shall update the list created - under paragraph (1). - (B) Upon request.--In addition to periodic updates - under subparagraph (A), the Secretary shall update the - list created under paragraph (1) upon request of an - organization with a program included in the list. - (C) Verification.--The Secretary shall, in - consultation with State entities that serve former - members of the Armed Forces and to the degree - practicable, verify changes to the list made under this - paragraph. - (b) Transmission to Members.--The Secretary shall transmit the list -created, and revised as the case may be, under subsection (a) to the -Secretary of Labor and the Secretary of Defense so the Secretaries of -the military departments may provide information in the list to members -of the Armed Forces who participate in the Transition Assistance -Program under sections 1142 and 1144 of title 10, United States Code. - (c) Online Publication.--The Secretary of Veterans Affairs shall -publish the list created, and revised as the case may be, under -subsection (a) on a public website of the Department of Veterans -Affairs. - -SEC. 104. MODIFICATION OF ELIGIBILITY FOR CARE FROM DEPARTMENT OF - VETERANS AFFAIRS FOR FORMER MEMBERS OF THE ARMED FORCES - WITH OTHER THAN HONORABLE DISCHARGES AND REPORT ON SUCH - CARE. - - (a) Eligibility.--Subsection (b)(2)(B) of section 1720I of title -38, United States Code, is amended by striking ``a discharge by court -martial'' and inserting ``a dismissal''. - (b) Information.--Subsection (e) of such section is amended-- - (1) in paragraph (3)-- - (A) in subparagraph (B), by striking ``and'' at the - end; - (B) in subparagraph (C), by striking ``and'' at the - end; - (C) by redesignating subparagraph (C) as - subparagraph (D); and - (D) by inserting after subparagraph (B) the - following new subparagraph (C): - ``(C) is displayed prominently on a website of the - Department; and''; - (2) by redesignating paragraph (4) as paragraph (5); and - (3) by inserting after paragraph (3) the following new - paragraph (4): - ``(4) shall include outreach on Internet search engines; - and''. - (c) Annual Report.--Subsection (f) of such section is amended-- - (1) in paragraph (1), by striking ``Not less frequently - than once'' and inserting ``Not later than February 15''; and + +SEC. 102. REVIEW OF RECORDS OF FORMER MEMBERS OF THE ARMED FORCES WHO + DIE BY SUICIDE WITHIN ONE YEAR OF SEPARATION FROM THE + ARMED FORCES. + + (a) Review.-- + (1) In general.--The Secretary of Defense and the Secretary + of Veterans Affairs shall jointly review the records of each + former member of the Armed Forces who died by suicide, as + determined by the Secretary of Defense or the Secretary of + Veterans Affairs, within one year following the discharge or + release of the former member from active military, naval, or + air service during the five-year period preceding the date of + the enactment of this Act. + (2) Records to be reviewed.--In completing the review + required under paragraph (1), the Secretary of Defense and the + Secretary of Veterans Affairs shall review the following + records maintained by the Department of Defense: + (A) Health treatment records. + (B) Fitness, medical, and dental records. + (C) Ancillary training records. + (D) Safety forms and additional duties sections of + the personnel information files. + (b) Elements.--The review required by subsection (a) with respect +to a former member of the Armed Forces shall include consideration of +the following: + (1) Whether the Department of Defense had identified the + former member as being at elevated risk during the 365-day + period before separation of the member from the Armed Forces. + (2) In the case that the member was identified as being at + elevated risk as described in paragraph (1), whether that + identification had been communicated to the Department of + Veterans Affairs via the Solid Start initiative of the + Department pursuant to Executive Order 13822 (83 Fed. Reg. + 1513; relating to supporting our veterans during their + transition from uniformed service to civilian life), or any + other means. + (3) The presence of evidence-based and empirically- + supported contextual and individual risk factors specified in + subsection (c) with respect to the former member and how those + risk factors correlated to the circumstances of the death of + the former member. + (4) Demographic variables, including the following: + (A) Sex. + (B) Age. + (C) Rank at separation from the Armed Forces. + (D) Career field after separation from the Armed + Forces. + (E) State and county of residence one month prior + to death. + (F) Branch of service in the Armed Forces. + (G) Marital status. + (H) Reason for separation from the Armed Forces. + (5) Support or medical services furnished to the former + member through the Department of Defense, specified by the type + of service or care provided. + (6) Support or medical services furnished to the former + member through the Department of Veterans Affairs, specified by + the type of service or care provided. + (c) Evidence-based and Empirically-supported Contextual and +Individual Risk Factors.--Evidence-based and empirically-supported +contextual and individual risk factors specified in this subsection +include the following: + (1) Exposure to violence. + (2) Exposure to suicide. + (3) Housing instability. + (4) Financial instability. + (5) Vocational problems or insecurity. + (6) Legal problems. + (7) Highly acute or significantly chronic relational + problems. + (8) Limited access to health care. + (d) Report.--Not later than three years after the date of the +enactment of this Act, the Secretary of Defense and the Secretary of +Veterans Affairs shall jointly submit to the appropriate committees of +Congress an aggregated report on the results of the review conducted +under subsection (a) with respect to the year-one cohort of former +members of the Armed Forces covered by the review. + (e) Definitions.--In this section: + (1) Active military, naval, or air service.--The term + ``active military, naval, or air service'' has the meaning + given that term in section 101(24) of title 38, United States + Code. + (2) Appropriate committees of congress defined.--The term + ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services and the + Committee on Veterans' Affairs of the Senate; and + (B) the Committee on Armed Services and the + Committee on Veterans' Affairs of the House of + Representatives. + +SEC. 103. REPORT ON REACH VET PROGRAM OF DEPARTMENT OF VETERANS + AFFAIRS. + + (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 the Committee on Veterans' Affairs of the Senate and the Committee +on Veterans' Affairs of the House of Representatives a report on the +REACH VET program. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) An assessment of the impact of the REACH VET program on + rates of suicide among veterans. + (2) An assessment of how limits within the REACH VET + program, such as caps on the number of veterans who may be + flagged as high risk, are adjusted for differing rates of + suicide across the country. + (3) A detailed explanation, with evidence, for why the + conditions included in the model used by the REACH VET program + were chosen, including an explanation as to why certain + conditions, such as bipolar disorder II, were not included even + though they show a similar rate of risk for suicide as other + conditions that were included. + (4) An assessment of the feasibility of incorporating + certain economic data held by the Veterans Benefits + Administration into the model used by the REACH VET program, + including financial data and employment status, which research + indicates may have an impact on risk for suicide. + (c) REACH VET Program Defined.--In this section, the term ``REACH +VET program'' means the Recovery Engagement and Coordination for +Health--Veterans Enhanced Treatment program of the Department of +Veterans Affairs. + +SEC. 104. REPORT ON CARE FOR FORMER MEMBERS OF THE ARMED FORCES WITH + OTHER THAN HONORABLE DISCHARGE. + + Section 1720I(f) of title 38, United States Code, is amended-- + (1) in paragraph (1) by striking ``Not less frequently than + once'' and inserting ``Not later than February 15''; and (2) in paragraph (2)-- (A) by redesignating subparagraph (C) as subparagraph (F); and (B) by inserting after subsection (B) the following new subparagraphs: - ``(C) The types of mental or behavioral health care - needs treated under this section. - ``(D) The demographics of individuals being treated - under this section, including-- - ``(i) age; - ``(ii) era of service in the Armed Forces; - ``(iii) branch of service in the Armed - Forces; and - ``(iv) geographic location. - ``(E) The average number of visits for an - individual for mental or behavioral health care under - this section.''. + ``(C) The types of mental or behavioral health care needs + treated under this section. + ``(D) The demographics of individuals being treated under + this section, including-- + ``(i) age; + ``(ii) era of service in the Armed Forces; + ``(iii) branch of service in the Armed Forces; and + ``(iv) geographic location. + ``(E) The average number of visits for an individual for + mental or behavioral health care under this section.''. TITLE II--SUICIDE PREVENTION -SEC. 201. GRANTS FOR ORGANIZATIONS PROVIDING MENTAL HEALTH WELLNESS - SERVICES TO VETERANS. - - (a) Purpose.--The purpose of this section is to facilitate the -provision of mental health services for veterans with mental health -conditions who are receiving care outside of the Department of Veterans -Affairs. - (b) Grants.-- - (1) In general.--Subchapter II of chapter 17 of title 38, - United States Code, is amended by adding at the end the - following new section: -``Sec. 1720J. Financial assistance for mental health supportive - services for veterans seeking mental health treatment - ``(a) Distribution of Financial Assistance.--(1) The Secretary -shall provide financial assistance to eligible entities approved under -this section to provide or coordinate the provision of mental health -supportive services described in subsection (b) for a veteran with a -mental health condition who is seeking mental health treatment. - ``(2) Financial assistance under paragraph (1) shall consist of the -award of a grant to an approved eligible entity for each veteran -described in paragraph (1) for which the approved eligible entity is -providing or coordinating the provision of mental health supportive -services. - ``(3)(A) The Secretary shall award grants under this section to -each approved eligible entity that is providing or coordinating the -provision of mental health supportive services under this section. - ``(B) The Secretary may establish intervals of payment for the -administration of grants under this section and establish a maximum -amount to be awarded, in accordance with the services being provided -and the duration of such services. - ``(4) In providing financial assistance under paragraph (1), the -Secretary shall give preference to entities providing or coordinating -the provision of supportive mental health services for veterans with -mental health conditions who face barriers in accessing mental health -care services from the Department. - ``(5) The Secretary shall ensure that, to the extent practicable, -financial assistance under this subsection is equitably distributed -across geographic regions, including rural communities and tribal -lands. - ``(6) Each entity receiving financial assistance under this section -to provide mental health supportive services to a veteran with a mental -health condition shall notify that veteran that such services are being -paid for, in whole or in part, by the Department. - ``(7) The Secretary shall require entities receiving financial -assistance under this section to submit a report to the Secretary that -describes the services provided or coordinated with such financial -assistance. - ``(b) Mental Health Supportive Services.--The mental health -supportive services described in this subsection are services provided -by an eligible entity or a subcontractor of an eligible entity that -address the needs of veterans with mental health conditions, -including-- - ``(1) outreach services; - ``(2) case management services; - ``(3) assistance in obtaining any benefits from the - Department that the veteran may be eligible to receive, - including health care services, vocational and rehabilitation - counseling, employment and training services, and educational - assistance; and - ``(4) assistance in obtaining and coordinating the - provision of other public benefits provided by any Federal, - State, or local agency, or any other eligible entity, - including-- - ``(A) health care services (including obtaining - health insurance); - ``(B) daily living services; - ``(C) personal financial planning services; - ``(D) transportation services; - ``(E) income support services; - ``(F) fiduciary and representative payee services; - ``(G) legal services to assist the veteran with - issues that interfere with the ability of the veteran - to find and retain meaningful employment, housing, or - benefits to which the veteran may be entitled; - ``(H) child care services; - ``(I) housing counseling; and - ``(J) other services necessary for maintaining - independent living. - ``(c) Application for Financial Assistance.--(1) An eligible entity -seeking financial assistance under subsection (a) shall submit to the -Secretary an application therefor in such form, in such manner, and -containing such commitments and information as the Secretary determines -to be necessary to carry out this section. - ``(2) Each application submitted by an eligible entity under -paragraph (1) shall contain-- - ``(A) a description of the mental health supportive - services described in subsection (b) proposed to be provided by - the eligible entity under this section and the identified needs - for those services; - ``(B) a description of the types of veterans with a mental - health condition proposed to be provided such services; - ``(C) an estimate of the number of veterans with a mental - health condition proposed to be provided such services; - ``(D) evidence of the experience of the eligible entity in - providing mental health supportive services to veterans with a - mental health condition; and - ``(E) a description of the managerial capacity of the - eligible entity-- - ``(i) to coordinate the provision of mental health - supportive services with the provision of mental health - services by the eligible entity or another - organization; - ``(ii) to assess continually the needs of veterans - with a mental health condition for mental health - supportive services; - ``(iii) to coordinate the provision of mental - health supportive services with the services of the - Department; and - ``(iv) to tailor supportive mental health services - to the needs of veterans with a mental health - condition. - ``(3)(A) The Secretary shall establish criteria for the selection -of eligible entities to be provided financial assistance under this -section. - ``(B) Criteria established under subparagraph (A) with respect to -an eligible entity shall include the following: - ``(i) Relevant accreditation as may be required by each - State in which the eligible entity operates. - ``(ii) Experience coordinating care or providing treatment - for veterans or members of the Armed Forces. - ``(d) Technical Assistance.--(1) The Secretary shall provide -training and technical assistance to eligible entities provided -financial assistance under this section regarding the planning, -development, and provision of mental health supportive services under -this section. - ``(2) The Secretary may provide the training described in paragraph -(1) directly or through grants or contracts with appropriate public or -nonprofit private entities, including through grants awarded under -section 2064 of this title. - ``(e) Collection of Information.--To the extent practicable, the -Secretary may collect information from an eligibility entity awarded a -grant under this section relating to a mental health condition of a -veteran for inclusion in the electronic health record of the Department -for such veteran for the sole purpose of improving care provided to -such veteran. - ``(f) Funding.--From amounts appropriated to the Department for -medical services, there shall be available to carry out subsections -(a), (b), and (c) the following: - ``(1) $5,000,000 for fiscal year 2021. - ``(2) $10,000,000 for fiscal year 2022. - ``(3) $15,000,000 for fiscal year 2023. - ``(g) Definitions.--In this section: - ``(1) The term `eligible entity' means any of the +SEC. 201. FINANCIAL ASSISTANCE TO CERTAIN ENTITIES TO PROVIDE OR + COORDINATE THE PROVISION OF SUICIDE PREVENTION SERVICES + FOR ELIGIBLE INDIVIDUALS AND THEIR FAMILIES. + + (a) Purpose; Designation.-- + (1) Purpose.--The purpose of this section is to reduce + veteran suicide through a community-based grant program to + award grants to eligible entities to provide or coordinate + suicide prevention services to eligible individuals and their + families. + (2) Designation.--The grant program under this section + shall be known as the ``Staff Sergeant Parker Gordon Fox + Suicide Prevention Grant Program''. + (b) Financial Assistance and Coordination.--The Secretary shall +provide financial assistance to eligible entities approved under this +section through the award of grants to such entities to provide or +coordinate the provision of services to eligible individuals and their +families to reduce the risk of suicide. The Secretary shall carry out +this section in coordination with the President's Roadmap to Empower +Veterans and End a National Tragedy of Suicide Task Force and in +consultation with the Office of Mental Health and Suicide Prevention of +the Department, to the extent practicable. + (c) Award of Grants.-- + (1) In general.--The Secretary shall award a grant to each + eligible entity for which the Secretary has approved an + application under subsection (f) to provide or coordinate the + provision of suicide prevention services under this section. + (2) Grant amounts, intervals of payment, and matching + funds.--In accordance with the services being provided under a + grant under this section and the duration of those services, + the Secretary shall establish-- + (A) a maximum amount to be awarded under the grant + of not more than $750,000 per grantee per fiscal year; + and + (B) intervals of payment for the administration of + the grant. + (d) Distribution of Grants and Preference.-- + (1) Distribution.-- + (A) Priority.--In compliance with subparagraphs (B) + and (C), in determining how to distribute grants under + this section, the Secretary may prioritize-- + (i) rural communities; + (ii) Tribal lands; + (iii) territories of the United States; + (iv) medically underserved areas; + (v) areas with a high number or percentage + of minority veterans or women veterans; and + (vi) areas with a high number or percentage + of calls to the Veterans Crisis Line. + (B) Areas with need.--The Secretary shall ensure + that, to the extent practicable, grants under this + section are distributed-- + (i) to provide services in areas of the + United States that have experienced high rates + of suicide by eligible individuals, including + suicide attempts; and + (ii) to eligible entities that can assist + eligible individuals at risk of suicide who are + not currently receiving health care furnished + by the Department. + (C) Geography.--In distributing grants under this + paragraph, the Secretary may provide grants to eligible + entities that furnish services to eligible individuals + and their families in geographically dispersed areas. + (2) Preference.--The Secretary shall give preference to + eligible entities that have demonstrated the ability to provide + or coordinate suicide prevention services. + (e) Requirements for Receipt of Grants.-- + (1) Notification that services are from department.--Each + entity receiving a grant under this section to provide or + coordinate suicide prevention services to eligible individuals + and their families shall notify the recipients of such services + that such services are being paid for, in whole or in part, by + the Department. + (2) Development of plan with eligible individuals and their + family.--Any plan developed with respect to the provision of + suicide prevention services for an eligible individual or their + family shall be developed in consultation with the eligible + individual and their family. + (3) Coordination.--An entity receiving a grant under this + section shall-- + (A) coordinate with the Secretary with respect to + the provision of clinical services to eligible + individuals in accordance with subsection (n) or any + other provisions of the law regarding the delivery of + health care by the Secretary; + (B) inform every veteran who receives assistance + under this section from the entity of the ability of + the veteran to apply for enrollment in the patient + enrollment system of the Department under section + 1705(a) of title 38, United States Code; and + (C) if such a veteran wishes to so enroll, inform + the veteran of a point of contact at the Department who + can assist the veteran in such enrollment. + (4) Measurement and monitoring.--An entity receiving a + grant under this section shall submit to the Secretary a + description of such tools and assessments the entity uses or + will use to determine the effectiveness of the services + furnished by the entity, which shall include the measures + developed under subsection (h)(2) and may include-- + (A) the effect of the services furnished by the + entity on the financial stability of the eligible + individual; + (B) the effect of the services furnished by the + entity on the mental health status, wellbeing, and + suicide risk of the eligible individual; and + (C) the effect of the services furnished by the + entity on the social support of the eligible + individuals receiving those services. + (5) Reports.--The Secretary-- + (A) shall require each entity receiving a grant + under this section to submit to the Secretary an annual + report that describes the projects carried out with + such grant during the year covered by the report; + (B) shall specify to each such entity the + evaluation criteria and data and information to be + submitted in such report; and + (C) may require each such entity to submit to the + Secretary such additional reports as the Secretary + considers appropriate. + (f) Application for Grants.-- + (1) In general.--An eligible entity seeking a grant under + this section shall submit to the Secretary an application + therefor in such form, in such manner, and containing such + commitments and information as the Secretary considers + necessary to carry out this section. + (2) Matters to be included.--Each application submitted by + an eligible entity under paragraph (1) shall contain the following: - ``(A) An incorporated private institution or + (A) A description of the suicide prevention + services proposed to be provided by the eligible entity + and the identified need for those services. + (B) A detailed plan describing how the eligible + entity proposes to coordinate or deliver suicide + prevention services to eligible individuals, + including-- + (i) an identification of the community + partners, if any, with which the eligible + entity proposes to work in delivering such + services; + (ii) a description of the arrangements + currently in place between the eligible entity + and such partners with regard to the provision + or coordination of suicide prevention services; + (iii) an identification of how long such + arrangements have been in place; + (iv) a description of the suicide + prevention services provided by such partners + that the eligible entity shall coordinate, if + any; and + (v) an identification of local suicide + prevention coordinators of the Department and a + description of how the eligible entity will + communicate with local suicide prevention + coordinators. + (C) A description of the population of eligible + individuals and their families proposed to be provided + suicide prevention services. + (D) Based on information and methods developed by + the Secretary for purposes of this subsection, an + estimate of the number of eligible individuals at risk + of suicide and their families proposed to be provided + suicide prevention services, including the percentage + of those eligible individuals who are not currently + receiving care furnished by the Department. + (E) Evidence of measurable outcomes related to + reductions in suicide risk and mood-related symptoms + utilizing validated instruments by the eligible entity + (and the proposed partners of the entity, if any) in + providing suicide prevention services to individuals at + risk of suicide, particularly to eligible individuals + and their families. + (F) A description of the managerial and + technological capacity of the eligible entity-- + (i) to coordinate the provision of suicide + prevention services with the provision of other + services; + (ii) to assess on an ongoing basis the + needs of eligible individuals and their + families for suicide prevention services; + (iii) to coordinate the provision of + suicide prevention services with the services + of the Department for which eligible + individuals are also eligible; + (iv) to tailor suicide prevention services + to the needs of eligible individuals and their + families; + (v) to seek continuously new sources of + assistance to ensure the continuity of suicide + prevention services for eligible individuals + and their families as long as they are + determined to be at risk of suicide; and + (vi) to measure the effects of suicide + prevention services provided by the eligible + entity or partner organization, in accordance + with subsection (h)(2), on the lives of + eligible individuals and their families who + receive such services provided by the + organization using pre- and post-evaluations on + validated measures of suicide risk and mood- + related symptoms. + (G) Clearly defined objectives for the provision of + suicide prevention services. + (H) A description and physical address of the + primary location of the eligible entity. + (I) A description of the geographic area the + eligible entity plans to serve during the grant award + period for which the application applies. + (J) If the eligible entity is a State or local + government or an Indian tribe, the amount of grant + funds proposed to be made available to community + partners, if any, through agreements. + (K) A description of how the eligible entity will + assess the effectiveness of the provision of grants + under this section. + (L) An agreement to use the measures and metrics + provided by the Department for the purposes of + measuring the effectiveness of the programming as + described in subsection (h)(2). + (M) Such additional application criteria as the + Secretary considers appropriate. + (g) Training and Technical Assistance.-- + (1) In general.--The Secretary shall provide training and + technical assistance, in coordination with the Centers for + Disease Control and Prevention, to eligible entities in receipt + of grants under this section regarding-- + (A) suicide risk identification and management; + (B) the data required to be collected and shared + with the Department; + (C) the means of data collection and sharing; + (D) familiarization with and appropriate use of any + tool to be used to measure the effectiveness of the use + of the grants provided; and + (E) the requirements for reporting under subsection + (e)(5) on services provided via such grants. + (2) Provision of training and technical assistance.--The + Secretary may provide the training and technical assistance + described in paragraph (1) directly or through grants or + contracts with appropriate public or nonprofit entities. + (h) Administration of Grant Program.-- + (1) Selection criteria.--The Secretary, in consultation + with entities specified in paragraph (3), shall establish + criteria for the selection of eligible entities that have + submitted applications under subsection (f). + (2) Development of measures and metrics.--The Secretary + shall develop, in consultation with entities specified in + paragraph (3), the following: + (A) A framework for collecting and sharing + information about entities in receipt of grants under + this section for purposes of improving the services + available for eligible individuals and their families, + set forth by service type, locality, and eligibility + criteria. + (B) The measures and metrics to be used by each + entity in receipt of grants under this section to + determine the effectiveness of the programming being + provided by such entity in improving mental health + status, wellbeing, and reducing suicide risk and + completed suicides of eligible individuals and their + families, which shall include an existing measurement + tool or protocol for the grant recipient to utilize + when determining programmatic effectiveness. + (3) Coordination.--In developing a plan for the design and + implementation of the provision of grants under this section, + including criteria for the award of grants, the Secretary shall + consult with the following: + (A) Veterans service organizations. + (B) National organizations representing potential + community partners of eligible entities in providing + supportive services to address the needs of eligible + individuals and their families, including national + organizations that-- + (i) advocate for the needs of individuals + with or at risk of behavioral health + conditions; + (ii) represent mayors; + (iii) represent unions; + (iv) represent first responders; + (v) represent chiefs of police and + sheriffs; + (vi) represent governors; + (vii) represent a territory of the United + States; or + (viii) represent a Tribal alliance. + (C) National organizations representing members of + the Armed Forces. + (D) National organizations that represent counties. + (E) Organizations with which the Department has a + current memorandum of agreement or understanding + related to mental health or suicide prevention. + (F) State departments of veterans affairs. + (G) National organizations representing members of + the reserve components of the Armed Forces. + (H) National organizations representing members of + the Coast Guard. + (I) Organizations, including institutions of higher + education, with experience in creating measurement + tools for purposes of advising the Secretary on the + most appropriate existing measurement tool or protocol + for the Department to utilize. + (J) The National Alliance on Mental Illness. + (K) A labor organization (as such term is defined + in section 7103(a)(4) of title 5, United States Code). + (L) The Centers for Disease Control and Prevention, + the Substance Abuse and Mental Health Services + Administration, the President's Roadmap to Empower + Veterans and End a National Tragedy of Suicide Task + Force, and such other organizations as the Secretary + considers appropriate. + (4) Report on grant criteria.--Not later than 30 days + before notifying eligible entities of the availability of + funding under this section, the Secretary shall submit to the + appropriate committees of Congress a report containing-- + (A) criteria for the award of a grant under this + section; + (B) the already developed measures and metrics to + be used by the Department to measure the effectiveness + of the use of grants provided under this section as + described in subsection (h)(2); and + (C) a framework for the sharing of information + about entities in receipt of grants under this section. + (i) Information on Potential Eligible Individuals.-- + (1) In general.--The Secretary may make available to + recipients of grants under this section certain information + regarding potential eligible individuals who may receive + services for which such grant is provided. + (2) Information included.--The information made available + under paragraph (1) with respect to potential eligible + individuals may include the following: + (A) Confirmation of the status of a potential + eligible individual as a veteran. + (B) Confirmation of whether the potential eligible + individual is enrolled in the patient enrollment system + of the Department under section 1705(a) of title 38, + United States Code. + (C) Confirmation of whether a potential eligible + individual is currently receiving care furnished by the + Department or has recently received such care. + (3) Opt-out.--The Secretary shall allow an eligible + individual to opt out of having their information shared under + this subsection with recipients of grants under this section. + (j) Duration.--The authority of the Secretary to provide grants +under this section shall terminate on the date that is three years +after the date on which the first grant is awarded under this section. + (k) Reporting.-- + (1) Interim report.-- + (A) In general.--Not later than 18 months after the + date on which the first grant is awarded under this + section, the Secretary shall submit to the appropriate + committees of Congress a report on the provision of + grants to eligible entities under this section. + (B) Elements.--The report submitted under + subparagraph (A) shall include the following: + (i) An assessment of the effectiveness of + the grant program under this section, + including-- + (I) the effectiveness of grant + recipients and their community + partners, if any, in conducting + outreach to eligible individuals; + (II) the effectiveness of + increasing eligible individuals + engagement in suicide prevention + services; and + (III) such other validated + instruments and additional measures as + determined by the Secretary and as + described in subsection (h)(2). + (ii) A list of grant recipients and their + partner organizations, if any, that delivered + services funded by the grant and the amount of + such grant received by each recipient and + partner organization. + (iii) The number of eligible individuals + supported by each grant recipient, including + through services provided to family members, + disaggregated by-- + (I) all demographic characteristics + as determined necessary and appropriate + by the Secretary in coordination with + the Centers for Disease Control and + Prevention; + (II) whether each such eligible + individual is enrolled in the patient + enrollment system of the Department + under section 1705(a) of title 38, + United States Code; + (III) branch of service in the + Armed Forces; + (IV) era of service in the Armed + Forces; + (V) type of service received by the + eligible individual; and + (VI) whether each such eligible + individual was referred to the + Department for care. + (iv) The number of eligible individuals + supported by grants under this section, + including through services provided to family + members. + (v) The number of eligible individuals + described in clause (iv) who were not + previously receiving care furnished by the + Department, with specific numbers for the + population of eligible individuals described in + subsection (q)(4)(B). + (vi) The number of eligible individuals + whose mental health status, wellbeing, and + suicide risk received a baseline measurement + assessment under this section and the number of + such eligible individuals whose mental health + status, wellbeing, and suicide risk will be + measured by the Department or a community + partner over a period of time for any + improvements. + (vii) The types of data the Department was + able to collect and share with partners, + including a characterization of the benefits of + that data. + (viii) The number and percentage of + eligible individuals referred to the point of + contact at the Department under subsection + (e)(3)(C). + (ix) The number of eligible individuals + newly enrolled in the patient enrollment system + of the Department under section 1705(a) of + title 38, United States Code based on a + referral to the Department from a grant + recipient under subsection (e)(3)(C), + disaggregated by grant recipient. + (x) A detailed account of how the grant + funds were used, including executive + compensation, overhead costs, and other + indirect costs. + (xi) A description of any outreach + activities conducted by the eligible entity in + receipt of a grant with respect to services + provided using the grant. + (xii) The number of individuals who seek + services from the grant recipient who are not + eligible individuals. + (C) Submittal of information by grant recipients.-- + The Secretary may require eligible entities receiving + grants under this section to provide to Congress such + information as the Secretary determines necessary + regarding the elements described in subparagraph (B). + (2) Final report.--Not later than three years after the + date on which the first grant is awarded under this section, + and annually thereafter for each year in which the program is + in effect, the Secretary shall submit to the appropriate + committees of Congress-- + (A) a follow-up on the interim report submitted + under paragraph (1) containing the elements set forth + in subparagraph (B) of such paragraph; and + (B) a report on-- + (i) the effectiveness of the provision of + grants under this section, including the + effectiveness of community partners in + conducting outreach to eligible individuals and + their families and reducing the rate of suicide + among eligible individuals; + (ii) an assessment of the increased + capacity of the Department to provide services + to eligible individuals and their families, set + forth by State, as a result of the provision of + grants under this section; + (iii) the feasibility and advisability of + extending or expanding the provision of grants + consistent with this section; and + (iv) such other elements as considered + appropriate by the Secretary. + (l) Third-party Assessment.-- + (1) Study of grant program.-- + (A) In general.--Not later than 180 days after the + commencement of the grant program under this section, + the Secretary shall seek to enter into a contract with + an appropriate entity described in paragraph (3) to + conduct a study of the grant program. + (B) Elements of study.--In conducting the study + under subparagraph (A), the appropriate entity shall-- + (i) evaluate the effectiveness of the grant + program under this section in-- + (I) addressing the factors that + contribute to suicides; + (II) increasing the use of suicide + prevention services; + (III) reducing mood-related + symptoms that increase suicide and + suicide risk; and + (IV) where such information is + available due to the time frame of the + grant program, reducing suicidal + ideation, suicide attempts, self-harm, + and deaths by suicide; and + (V) reducing suicidal ideation, + suicide attempts, self-harm, and deaths + by suicide among eligible individuals + through eligible entities located in + communities; and + (ii) compare the results of the grant + program with other national programs in + delivering resources to eligible individuals in + the communities where they live that address + the factors that contribute to suicide. + (2) Assessment.-- + (A) In general.--The contract under paragraph (1) + shall provide that not later than 24 months after the + commencement of the grant program under this section, + the appropriate entity shall submit to the Secretary an + assessment based on the study conducted pursuant to + such contract. + (B) Submittal to congress.--Upon receipt of the + assessment under subparagraph (A), the Secretary shall + transmit to the appropriate committees of Congress a + copy of the assessment. + (3) Appropriate entity.--An appropriate entity described in + this paragraph is a nongovernment entity with experience + optimizing and assessing organizations that deliver services + and assessing the effectiveness of suicide prevention programs. + (m) Referral for Care.-- + (1) Mental health assessment.--If an eligible entity in + receipt of a grant under this section determines that an + eligible individual is at-risk of suicide or other mental or + behavioral health condition pursuant to a baseline mental + health screening conducted under subsection (q)(11)(A)(ii) with + respect to the individual, the entity shall refer the eligible + individual to the Department for additional care under + subsection (n) or any other provision of law. + (2) Emergency treatment.--If an eligible entity in receipt + of a grant under this section determines that an eligible + individual furnished clinical services for emergency treatment + under subsection (q)(11)(A)(iv) requires ongoing services, the + entity shall refer the eligible individual to the Department + for additional care under subsection (n) or any other provision + of law. + (3) Refusal.--If an eligible individual refuses a referral + by an entity under paragraph (1) or (2), any ongoing clinical + services provided to the eligible individual by the entity + shall be at the expense of the entity. + (n) Provision of Care to Eligible Individuals.--When the Secretary +determines it is clinically appropriate, the Secretary shall furnish to +eligible individuals who are receiving or have received suicide +prevention services through grants provided under this section an +initial mental health assessment and mental health or behavioral health +care services authorized under chapter 17 of title 38, United States +Code, that are required to treat the mental or behavioral health care +needs of the eligible individual, including risk of suicide. + (o) Agreements With Community Partners.-- + (1) In general.--Subject to paragraph (2), an eligible + entity may use grant funds to enter into an agreement with a + community partner under which the eligible entity may provide + funds to the community partner for the provision of suicide + prevention services to eligible individuals and their families. + (2) Limitation.--The ability of a recipient of a grant + under this section to provide grant funds to a community + partner shall be limited to grant recipients that are a State + or local government or an Indian tribe. + (p) Authorization of Appropriations.--There is authorized to be +appropriated to the Secretary to carry out this section a total of +$174,000,000 for fiscal years 2021 through 2025. + (q) Definitions.--In this section: + (1) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the Committee on Veterans' Affairs and the + Subcommittee on Military Construction, Veterans + Affairs, and Related Agencies of the Committee on + Appropriations of the Senate; and + (B) the Committee on Veterans' Affairs and the + Subcommittee on Military Construction, Veterans + Affairs, and Related Agencies of the Committee on + Appropriations of the House of Representatives. + (2) Department.--The term ``Department'' means the + Department of Veterans Affairs. + (3) Eligible entity.--The term ``eligible entity'' means-- + (A) an incorporated private institution or foundation-- - ``(i) no part of the net earnings of which - inures to the benefit of any member, founder, - contributor, or individual; - ``(ii) that has a governing board that is - responsible for the operation of the mental - health supportive services provided under this - section; and - ``(iii) that is approved by the Secretary - with respect to financial responsibility. - ``(B) A for-profit limited partnership, the sole - general partner of which is an organization meeting the - requirements of clauses (i), (ii), and (iii) of - subparagraph (A). - ``(C) A corporation wholly owned and controlled by - an organization meeting the requirements of clauses - (i), (ii), and (iii) of subparagraph (A). - ``(D) A tribally designated housing entity (as - defined in section 4 of the Native American Housing - Assistance and Self-Determination Act of 1996 (25 - U.S.C. 4103)). - ``(2) The term `veteran with a mental health condition' - means a veteran who has been diagnosed with, or who is seeking - treatment for, one or more mental health conditions, as - determined by the Secretary.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 17 is amended by inserting after the item - relating to section 1720I the following new item: - -``1720J. Financial assistance for mental health supportive services for - veterans seeking mental health - treatment.''. - (c) Study on Effectiveness of Program.-- - (1) In general.--The Secretary of Veterans Affairs shall - conduct a study on the effectiveness of the program of - financial assistance under section 1720J of title 38, United - States Code, as added by subsection (b), in meeting the needs - of veterans with a mental health condition, as that term is - defined in that section. - (2) Comparison.--In conducting the study required by - paragraph (1), the Secretary shall compare the results of the - program described in that paragraph with other programs of the - Department of Veterans Affairs dedicated to the delivery of - mental health services to veterans. - (3) Criteria.--In making the comparison required by - paragraph (2), the Secretary shall examine the following: - (A) The satisfaction of veterans targeted by the - programs described in paragraph (2). - (B) The health status of such veterans. - (C) The mental wellness of such veterans. - (D) The degree to which such veterans are - encouraged to engage in productive activity by such - programs. - (E) The number of veterans using such programs, - disaggregated by-- - (i) veterans who have received care from - the Department in the previous two years; and - (ii) veterans who have not received care - from the Department in the previous two years. - (F) The number of veterans who die by suicide while - receiving services from an entity in receipt of a grant - under the program of financial assistance under section - 1720J of title 38, United States Code, as added by - subsection (b), or who die by suicide during the 180- - day period after receiving such services. - (4) Report.--Not later than December 31, 2021, and annually - thereafter, the Secretary shall submit to the Committee on - Veterans' Affairs of the Senate and the Committee on Veterans' - Affairs of the House of Representatives a report on the results - of the study required by paragraph (1). - (d) Effective Date.--The Secretary shall begin providing financial -assistance under section 1720J of title 38, United States Code, as -added by subsection (b), not later than one year after the date of the -enactment of this Act. - -SEC. 202. DESIGNATION OF BUDDY CHECK WEEK BY DEPARTMENT OF VETERANS - AFFAIRS. - - (a) In General.--The Secretary of Veterans Affairs shall designate -one week per year to organize outreach events and educate veterans on -how to conduct peer wellness checks, which shall be known as ``Buddy -Check Week''. - (b) Events and Education.-- - (1) In general.--During Buddy Check Week, the Secretary, in - consultation with organizations that represent veterans, non- - profits that serve veterans, mental health experts, members of - the Armed Forces, and such other entities and individuals as - the Secretary considers appropriate, shall collaborate with - organizations that represent veterans to provide educational - opportunities for veterans to learn how to conduct peer - wellness checks. - (2) Training matters.--As part of the educational - opportunities provided under paragraph (1), the Secretary shall - provide the following: - (A) A script for veterans to use to conduct peer - wellness checks that includes information on - appropriate referrals to resources veterans might need. - (B) Online and in-person training, as appropriate, - on how to conduct a peer wellness check. - (C) Opportunities for members of organizations that - represent veterans to learn how to train individuals to - conduct peer wellness checks. - (D) Training for veterans participating in Buddy - Check Week on how to transfer a phone call directly to - the Veterans Crisis Line. - (E) Resiliency training for veterans participating - in Buddy Check Week on handling a veteran in crisis. - (3) Online materials.--All training materials provided - under the educational opportunities under paragraph (1) shall - be made available on a website of the Department. - (c) Outreach.--The Secretary, in collaboration with organizations -that represent veterans, may conduct outreach regarding educational -opportunities under subsection (b) at-- - (1) public events where many veterans are expected to - congregate; - (2) meetings of organizations that represent veterans; - (3) facilities of the Department of Veterans Affairs; and - (4) such other locations as the Secretary, in collaboration - with organizations that represent veterans, considers - appropriate. - (d) Veterans Crisis Line Plan.-- - (1) In general.--The Secretary shall ensure that the - Veterans Crisis Line has a plan for handling the potential - increase of calls that may occur during Buddy Check Week. - (2) Submittal of plan.--The head of the Veterans Crisis - Line shall submit to the Secretary a plan for how to handle - excess calls during Buddy Check Week, which may include the - following: - (A) Additional hours for staff. - (B) The use of a backup call center. - (C) Any other plan to ensure that calls from - veterans in crisis are being answered in a timely - manner by an individual trained at the same level as a - Veterans Crisis Line responder. - (e) Veterans Crisis Line Defined.--In this section, the term -``Veterans Crisis Line'' means the toll-free hotline for veterans -established under section 1720F(h) of title 38, United States Code. - -SEC. 203. POST-TRAUMATIC GROWTH PARTNERSHIPS. - - (a) In General.--The Secretary of Veterans Affairs, in consultation -with the Secretary of Defense and the Secretary of Homeland Security, -shall enter into partnerships with nonprofit mental health -organizations to facilitate post-traumatic growth among veterans who -have experienced trauma. - (b) Consultation.--Before entering into a partnership under -subsection (a), the Secretary of Veterans Affairs shall consult with -the National Institute of Mental Health, the National Alliance on -Mental Illness, the American Psychological Association, the -Posttraumatic Growth Research Group, and organizations that represent -veterans. - (c) Selection of Partners.--The Secretary of Veterans Affairs shall -ensure that each organization with which the Secretary enters into a -partnership under subsection (a) has a demonstrated history of success -with programs to facilitate post-traumatic growth, including-- - (1) long-term follow-up with veterans who have participated - in such a program for not less than one year after completion - of the program; and - (2) sustained positive, clinically significant outcomes for - veterans who have participated in such a program for not less - than 180 days after completion of the program. - (d) Outcomes From Partners.--The Secretary of Veterans Affairs -shall require each nonprofit mental health organization that enters -into a partnership with the Secretary under subsection (a) to submit to -the Secretary a description of the outcomes from such partnership, -including the following: - (1) The number of veterans who participate in programs of - the organization to facilitate post-traumatic growth, including - the number of veterans who drop out before completion of the - program. - (2) The types of mental or behavioral health conditions of - veterans who participate in such programs. - (3) The percentage of veterans who experience significant - post-traumatic growth. - (4) Such other topics as the Secretary may require to track - post-traumatic growth. - (e) Post-Traumatic Growth.-- - (1) In general.--For purposes of this section, ``post- - traumatic growth'' means positive responses described in - paragraph (3) experienced after, and often as a result of, a - traumatic event or a major life crisis. - (2) Measurement of growth.--Post-traumatic growth under - this section shall be measured through self-reported scales, - use of the post-traumatic stress disorder checklist set forth - in the most recent edition of the Diagnostic and Statistical - Manual of Mental Disorders published by the American - Psychiatric Association, and such other metrics as the - Secretary considers necessary. - (3) Positive responses described.--Positive responses - described in this paragraph are positive responses in one or - more areas of life, including the following: - (A) An appreciation of and for life. - (B) Improved relationships with others. - (C) Realization of new possibilities in life. - (D) Realization of personal strength. - (E) Spiritual change. - (F) Such other areas that the Secretary, in - consultation with organizations specified in subsection - (b), considers necessary. - -SEC. 204. PROGRESS OF DEPARTMENT OF VETERANS AFFAIRS IN MEETING GOALS - AND OBJECTIVES OF NATIONAL STRATEGY FOR PREVENTING - VETERAN SUICIDE. - - (a) In General.--The Secretary of Veterans Affairs shall develop -metrics to track progress on each of the 14 goals and 43 objectives -outlined in the National Strategy for Preventing Veteran Suicide, 2018- -2028 prepared by the Office of Mental Health and Suicide Prevention of -the Department of Veterans Affairs. - (b) Metrics.--The metrics developed under subsection (a) shall -include measures of both performance and effectiveness. - (c) Initial Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary shall submit to the - Committee on Veterans' Affairs of the Senate and the Committee - on Veterans' Affairs of the House of Representatives a report - that contains the metrics developed under subsection (a). - (2) Elements.--The report submitted under paragraph (1) - shall include the following: - (A) An explanation of why the metrics developed - under subsection (a) were chosen. - (B) An assessment of how accurately those metrics - will reflect the goals and objectives specified in such - subsection. - (d) Annual Report.--Not later than one year after the submittal of -the report under subsection (b), and annually thereafter, the Secretary -shall submit to the Committee on Veterans' Affairs of the Senate and -the Committee on Veterans' Affairs of the House of Representatives a -report that contains-- - (1) an assessment of the progress of the Department in - meeting the goals and objectives specified in subsection (a); - (2) a description of any action to be taken by the - Department if those goals and objectives are not being met; - (3) a description of any changes to those goals and - objectives; - (4) an identification of any new programs or partnerships - that have resulted from the implementation of the National - Strategy for Preventing Veteran Suicide, 2018-2028; - (5) an assessment of the effectiveness of the National - Strategy for Preventing Veterans Suicide, 2018-2028 at reducing - veteran suicide; and - (6) such other topics as the Secretary considers necessary. - -SEC. 205. STUDY ON FEASIBILITY AND ADVISABILITY OF PROVIDING CERTAIN - COMPLEMENTARY AND INTEGRATIVE HEALTH SERVICES. + (i) no part of the net earnings of which + incurs to the benefit of any member, founder, + contributor, or individual; and + (ii) that has a governing board that would + be responsible for the operation of the suicide + prevention services provided under this + section; + (B) a corporation wholly owned and controlled by an + organization meeting the requirements of clauses (i) + and (ii) of subparagraph (A); + (C) an Indian tribe; + (D) a community-based organization that can + effectively network with local civic organizations, + regional health systems, and other settings where + eligible individuals and their families are likely to + have contact; or + (E) A State or local government. + (4) Eligible individual.--The term ``eligible individual'' + includes a person at risk of suicide who is-- + (A) a veteran as defined in section 101 of title + 38, United States Code; + (B) an individual described in section 1720I(b) of + such title; or + (C) an individual described in any of clauses (i) + through (iv) of section 1712A(a)(1)(C) of such title. + (5) Emergency treatment.--Medical services, professional + services, ambulance services, ancillary care and medication + (including a short course of medication related to and + necessary for the treatment of the emergency condition that is + provided directly to or prescribed for the patient for use + after the emergency condition is stabilized and the patient is + discharged) was rendered in a medical emergency of such nature + that a prudent layperson would have reasonably expected that + delay in seeking immediate medical attention would have been + hazardous to life or health. This standard is met by an + emergency medical condition manifesting itself by acute + symptoms of sufficient severity (including severe pain) that a + prudent layperson who possesses an average knowledge of health + and medicine could reasonably expect the absence of immediate + medical attention to result in placing the health of the + individual in serious jeopardy, serious impairment to bodily + functions, or serious dysfunction of any bodily organ or part. + (6) Family.--The term ``family'' means, with respect to an + eligible individual, any of the following: + (A) A parent. + (B) A spouse. + (C) A child. + (D) A sibling. + (E) A step-family member. + (F) An extended family member. + (G) Any other individual who lives with the + eligible individual. + (7) Indian tribe.--The term ``Indian tribe'' has the + meaning given that term in section 4 of the Native American + Housing Assistance and Self-Determination Act of 1996 (25 + U.S.C. 4103). + (8) Risk of suicide.-- + (A) In general.--The term ``risk of suicide'' means + exposure to, or the existence of, any of the following + (to a degree determined by the Secretary pursuant to + regulations): + (i) Health risk factors, including the + following: + (I) Mental health challenges. + (II) Substance abuse. + (III) Serious or chronic health + conditions or pain. + (IV) Traumatic brain injury. + (ii) Environmental risk factors, including + the following: + (I) Prolonged stress. + (II) Stressful life events. + (III) Unemployment. + (IV) Homelessness. + (V) Recent loss. + (VI) Legal or financial challenges. + (iii) Historical risk factors, including + the following: + (I) Previous suicide attempts. + (II) Family history of suicide. + (III) History of abuse, neglect, or + trauma. + (B) Degree of risk.--The Secretary may, by + regulation, establish a process for determining degrees + of risk of suicide for use by grant recipients to focus + the delivery of services using grant funds. + (9) Rural.--The term ``rural'', with respect to a + community, has the meaning given that term in the Rural-Urban + Commuting Areas coding system of the Department of Agriculture. + (10) Secretary.--The term ``Secretary'' means the Secretary + of Veterans Affairs. + (11) Suicide prevention services.-- + (A) In general.--The term ``suicide prevention + services'' means services to address the needs of + eligible individuals and their families and includes + the following: + (i) Outreach to identify those at risk of + suicide with an emphasis on eligible + individuals who are at highest risk or who are + not receiving health care or other services + furnished by the Department. + (ii) A baseline mental health screening for + risk. + (iii) Education on suicide risk and + prevention to families and communities. + (iv) Provision of clinical services for + emergency treatment. + (v) Case management services. + (vi) Peer support services. + (vii) Assistance in obtaining any benefits + from the Department that the eligible + individual and their family may be eligible to + receive, including-- + (I) vocational and rehabilitation + counseling; + (II) supportive services for + homeless veterans; + (III) employment and training + services; + (IV) educational assistance; and + (V) health care services. + (viii) Assistance in obtaining and + coordinating the provision of other benefits + provided by the Federal Government, a State or + local government, or an eligible entity. + (ix) Assistance with emergent needs + relating to-- + (I) health care services; + (II) daily living services; + (III) personal financial planning + and counseling; + (IV) transportation services; + (V) temporary income support + services; + (VI) fiduciary and representative + payee services; + (VII) legal services to assist the + eligible individual with issues that + may contribute to the risk of suicide; + and + (VIII) child care (not to exceed + $5,000 per family of an eligible + individual per fiscal year). + (x) Nontraditional and innovative + approaches and treatment practices, as + determined appropriate by the Secretary, in + consultation with appropriate entities. + (xi) Such other services necessary for + improving the mental health status and + wellbeing and reducing the suicide risk of + eligible individuals and their families as the + Secretary considers appropriate, which may + include-- + (I) adaptive sports, equine + assisted therapy, or in-place or + outdoor recreational therapy; + (II) substance use reduction + programming; + (III) individual, group, or family + counseling; and + (IV) relationship coaching. + (B) Exclusion.--The term ``suicide prevention + services'' does not include direct cash assistance to + eligible individuals or their families. + (12) Veterans crisis line.--The term ``Veterans Crisis + Line'' means the toll-free hotline for veterans established + under section 1720F(h) of title 38, United States Code. + (13) Veterans service organization.--The term ``veterans + service organization'' means any organization recognized by the + Secretary for the representation of veterans under section 5902 + of title 38, United States Code. + +SEC. 202. ANALYSIS ON FEASIBILITY AND ADVISABILITY OF THE DEPARTMENT OF + VETERANS AFFAIRS PROVIDING CERTAIN COMPLEMENTARY AND + INTEGRATIVE HEALTH SERVICES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete -a study on the feasibility and advisability of providing complementary -and integrative health treatments described in subsection (b) at all -facilities of the Department of Veterans Affairs. - (b) Treatments Described.--Complementary and integrative health +an analysis on the feasibility and advisability of providing +complementary and integrative health treatments described in subsection +(c) at all medical facilities of the Department of Veterans Affairs. + (b) Inclusion of Assessment of Report.--The analysis conducted +under subsection (a) shall include an assessment of the final report 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) submitted under subsection +(e)(2) of such section. + (c) Treatments Described.--Complementary and integrative health treatments described in this subsection shall consist of the following: (1) Yoga. (2) Meditation. @@ -787,57 +1120,61 @@ treatments described in this subsection shall consist of the following: (5) Other treatments that show sufficient evidence of efficacy at treating mental or physical health conditions, as determined by the Secretary. - (c) Provision of Treatment.--The Secretary may provide -complementary and integrative health treatments under this section at a -facility of the Department in person or by telehealth. - (d) Report.--Not later than 90 days after the completion of the -study under subsection (a), the Secretary shall submit to the Committee -on Veterans' Affairs of the Senate and the Committee on Veterans' -Affairs of the House of Representatives a report on such study, -including-- - (1) the results of such study; and + (d) Report.--The Secretary shall submit to the Committee on +Veterans' Affairs of the Senate and the Committee on Veterans' Affairs +of the House of Representatives a report on the analysis completed +under subsection (a), including-- + (1) the results of such analysis; and (2) such recommendations regarding the furnishing of complementary and integrative health treatments described in - subsection (b) as the Secretary considers appropriate. - -SEC. 206. PROGRAM TO PROVIDE VETERANS ACCESS TO COMPLEMENTARY AND - INTEGRATIVE HEALTH SERVICES THROUGH ANIMAL THERAPY, AGRI- - THERAPY, AND OUTDOOR SPORTS THERAPY. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Veterans Affairs shall commence -the conduct of a program to provide complementary and integrative -health services described in subsection (b) to veterans from the -Department of Veterans Affairs or through the use of non-Department -entities for the treatment of post-traumatic stress disorder, -depression, anxiety, or other conditions as determined by the -Secretary. - (b) Treatments Described.--Complementary and integrative health -treatments described in this subsection shall consist of the following: + subsection (c) as the Secretary considers appropriate. + +SEC. 203. PILOT PROGRAM TO PROVIDE VETERANS ACCESS TO COMPLEMENTARY AND + INTEGRATIVE HEALTH PROGRAMS THROUGH ANIMAL THERAPY, + AGRITHERAPY, SPORTS AND RECREATION THERAPY, ART THERAPY, + AND POSTTRAUMATIC GROWTH PROGRAMS. + + (a) In General.--Not later than 180 days after the date on which +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) submits its final report +under subsection (e)(2) of such section, the Secretary of Veterans +Affairs shall commence the conduct of a pilot program to provide +complementary and integrative health programs described in subsection +(b) to eligible veterans from the Department of Veterans Affairs or +through the use of non-Department entities for the treatment of post- +traumatic stress disorder, depression, anxiety, or other conditions as +determined by the Secretary. + (b) Programs Described.--Complementary and integrative health +programs described in this subsection may, taking into consideration +the report described in subsection (a), consist of the following: (1) Equine therapy. (2) Other animal therapy. - (3) Agri-therapy. - (4) Outdoor sports therapy. + (3) Agritherapy. + (4) Sports and recreation therapy. + (5) Art therapy. + (6) Posttraumatic growth programs. (c) Eligible Veterans.--A veteran is eligible to participate in the -program under this section if the veteran-- +pilot program under this section if the veteran-- (1) is enrolled in the system of patient enrollment of the - Department established and operated under section 1705(a) of - title 38, United States Code; and + Department under section 1705(a) of title 38, United States + Code; and (2) has received health care under the laws administered by the Secretary during the two-year period preceding the initial - participation of the veteran in the program. + participation of the veteran in the pilot program. (d) Duration.-- - (1) In general.--The Secretary shall carry out the program - under this section for a two-year period beginning on the - commencement of the program. + (1) In general.--The Secretary shall carry out the pilot + program under this section for a three-year period beginning on + the commencement of the pilot program. (2) Extension.--The Secretary may extend the duration of - the program under this section if the Secretary, based on the - results of the interim report submitted under subsection - (e)(1), determines that it is appropriate to do so. + the pilot program under this section if the Secretary, based on + the results of the interim report submitted under subsection + (f)(1), determines that it is appropriate to do so. (e) Locations.-- (1) In general.--The Secretary shall select not fewer than five facilities of the Department at which to carry out the - program under this section. + pilot program under this section. (2) Selection criteria.--In selecting facilities under paragraph (1), the Secretary shall ensure that-- (A) the locations are in geographically diverse @@ -849,41 +1186,154 @@ program under this section if the veteran-- (f) Reports.-- (1) Interim report.-- (A) In general.--Not later than one year after the - commencement of the program under this section, the - Secretary shall submit to the Committee on Veterans' - Affairs of the Senate and the Committee on Veterans' - Affairs of the House of Representatives a report on the - progress of the program. + commencement of the pilot program under this section, + the Secretary shall submit to the Committee on + Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a + report on the progress of the pilot program. (B) Elements.--The report required by subparagraph (A) shall include the following: - (i) The number of participants in the + (i) The number of participants in the pilot program. - (ii) The types of therapy offered at each - facility at which the program is being carried - out. + (ii) The type or types of therapy offered + at each facility at which the pilot program is + being carried out. (iii) An assessment of whether - participation by a veteran in the program + participation by a veteran in the pilot program resulted in any changes in clinically relevant endpoints for the veteran with respect to the conditions specified in subsection (a). (iv) An assessment of the quality of life - of veterans participating in the program, + of veterans participating in the pilot program, including the results of a satisfaction survey - of the participants in the program, - disaggregated by treatment under subsection - (b). + of the participants in the pilot program, + disaggregated by program under subsection (b). (v) The determination of the Secretary with - respect to extending the program under - subsection (c)(2). + respect to extending the pilot program under + subsection (d)(2). (vi) Any recommendations of the Secretary - with respect to expanding the program. + with respect to expanding the pilot program. (2) Final report.--Not later than 90 days after the - termination of the program under this section, the Secretary - shall submit to the Committee on Veterans' Affairs of the - Senate and the Committee on Veterans' Affairs of the House of - Representatives a final report on the program. + termination of the pilot program under this section, the + Secretary shall submit to the Committee on Veterans' Affairs of + the Senate and the Committee on Veterans' Affairs of the House + of Representatives a final report on the pilot program. + +SEC. 204. DEPARTMENT OF VETERANS AFFAIRS STUDY OF ALL-CAUSE MORTALITY + OF VETERANS, INCLUDING BY SUICIDE, AND REVIEW OF STAFFING + LEVELS OF MENTAL HEALTH PROFESSIONALS. -SEC. 207. COMPTROLLER GENERAL REPORT ON MANAGEMENT BY DEPARTMENT OF + (a) Study of Deaths of Veterans by Suicide.-- + (1) In general.--The Secretary of Veterans Affairs shall + seek to enter into an agreement with the National Academies of + Sciences, Engineering, and Medicine under which the Secretary + shall collaborate and coordinate with the National Academies on + a revised study design to fulfill the goals of the 2019 study + design of the National Academies described in the explanatory + statement accompanying the Further Consolidated Appropriations + Act, 2020 (Public Law 116-94), as part of current and + additional research priorities of the Department of Veterans + Affairs, to evaluate the effects of opioids and benzodiazepine + on all-cause mortality of veterans, including suicide, + regardless of whether information relating to such deaths has + been reported by the Centers for Disease Control and + Prevention. + (2) Goals.--In carrying out the collaboration and + coordination under paragraph (1), the Secretary shall seek as + much as possible to achieve the same advancement of useful + knowledge as the 2019 study design described in such paragraph. + (b) Review of Staffing Levels for Mental Health Professionals.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Comptroller General of the + United States shall conduct a review of the staffing levels for + mental health professionals of the Department. + (2) Elements.--The review required by paragraph (1) shall + include a description of the efforts of the Department to + maintain appropriate staffing levels for mental health + professionals, such as mental health counselors, marriage and + family therapists, and other appropriate counselors, including + the following: + (A) A description of any impediments to carry out + the education, training, and hiring of mental health + counselors and marriage and family therapists under + section 7302(a) of title 38, United States Code, and + strategies for addressing those impediments. + (B) A description of the objectives, goals, and + timing of the Department with respect to increasing the + representation of such counselors and therapists in the + behavioral health workforce of the Department, + including-- + (i) a review of qualification criteria for + such counselors and therapists and a comparison + of such criteria to that of other behavioral + health professions in the Department; and + (ii) an assessment of the participation of + such counselors and therapists in the mental + health professionals trainee program of the + Department and any impediments to such + participation. + (C) An assessment of the development by the + Department of hiring guidelines for mental health + counselors, marriage and family therapists, and other + appropriate counselors. + (D) A description of how the Department-- + (i) identifies gaps in the supply of mental + health professionals; and + (ii) determines successful staffing ratios + for mental health professionals of the + Department. + (E) A description of actions taken by the + Secretary, in consultation with the Director of the + Office of Personnel Management, to create an + occupational series for mental health counselors and + marriage and family therapists of the Department and a + timeline for the creation of such an occupational + series. + (F) A description of actions taken by the Secretary + to ensure that the national, regional, and local + professional standards boards for mental health + counselors and marriage and family therapists are + comprised of only mental health counselors and marriage + and family therapists and that the liaison from the + Department to such boards is a mental health counselor + or marriage and family therapist. + (c) Compilation of Data.--The Secretary of Veterans Affairs shall +ensure that data under subsections (a) and (b) is compiled separately +and disaggregated by year and compiled in a manner that allows it to be +analyzed across all data fields for purposes of informing and updating +clinical practice guidelines of the Department of Veterans Affairs. + (d) Briefings.--The Secretary of Veterans Affairs shall brief the +Committee on Veterans' Affairs of the Senate and the Committee on +Veterans' Affairs of the House of Representatives containing the +interim results-- + (1) with respect to the study under subsection (a)(1), not + later than 24 months after entering into the agreement under + such subsection; and + (2) with respect to the review under subsection (b)(1), not + later than 18 months after the date of the enactment of this + Act. + (e) Reports.-- + (1) Report on study.--Not later than 90 days after the + completion by the Secretary of Veterans Affairs in coordination + with the National Academies of Sciences, Engineering, and + Medicine of the study required under subsection (a)(1), the + Secretary shall-- + (A) submit to the Committee on Veterans' Affairs of + the Senate and the Committee on Veterans' Affairs of + the House of Representatives a report on the results of + the study; and + (B) make such report publicly available. + (2) Report on review.--Not later than 90 days after the + completion by the Comptroller General of the United States of + the review required under subsection (b)(1), the Comptroller + General shall-- + (A) submit to the Committee on Veterans' Affairs of + the Senate and the Committee on Veterans' Affairs of + the House of Representatives a report on the results of + the review; and + (B) make such report publicly available. + +SEC. 205. COMPTROLLER GENERAL REPORT ON MANAGEMENT BY DEPARTMENT OF VETERANS AFFAIRS OF VETERANS AT HIGH RISK FOR SUICIDE. (a) In General.--Not later than 18 months after the date of the @@ -900,20 +1350,35 @@ the following: Coordination for Health - Veterans Enhanced Treatment program (commonly referred to as the ``REACH VET'' program) of the Department, including an assessment of the efficacy of such - identifications disaggregated by age, gender, Veterans - Integrated Service Network, and, to the extent practicable, - medical center of the Department. + identifications disaggregated by-- + (A) all demographic characteristics as determined + necessary and appropriate by the Secretary of Veterans + Affairs in coordination with the Centers for Disease + Control and Prevention; + (B) Veterans Integrated Service Network; and + (C) to the extent practicable, medical center of + the Department. (2) A description of how the Department intervenes when a patient is identified as high risk, including an assessment of - the efficacy of such interventions disaggregated by age, - gender, Veterans Integrated Service Network, and, to the extent - practicable, medical center of the Department. + the efficacy of such interventions disaggregated by-- + (A) all demographic characteristics as determined + necessary and appropriate by the Secretary in + coordination with the Centers for Disease Control and + Prevention; + (B) Veterans Integrated Service Network; and + (C) to the extent practicable, medical center of + the Department. (3) A description of how the Department monitors patients who have been identified as high risk, including an assessment of the efficacy of such monitoring and any follow-ups - disaggregated by age, gender, Veterans Integrated Service - Network, and, to the extent practicable, medical center of the - Department. + disaggregated by-- + (A) all demographic characteristics as determined + necessary and appropriate by the Secretary in + coordination with the Centers for Disease Control and + Prevention; + (B) Veterans Integrated Service Network; and + (C) to the extent practicable, medical center of + the Department. (4) A review of staffing levels of suicide prevention coordinators across the Veterans Health Administration. (5) A review of the resources and programming offered to @@ -925,80 +1390,7 @@ the following: TITLE III--PROGRAMS, STUDIES, AND GUIDELINES ON MENTAL HEALTH -SEC. 301. PROGRAM TO PROVIDE VETERANS ACCESS TO COMPUTERIZED COGNITIVE - BEHAVIORAL THERAPY. - - (a) In General.--Not later than 210 days after the date of the -enactment of this Act, the Secretary of Veterans Affairs shall commence -the conduct of a program to assess the feasibility and advisability of -using computerized cognitive behavioral therapy to treat eligible -veterans suffering from depression, anxiety, post-traumatic stress -disorder, military sexual trauma, or substance use disorder who are -already receiving evidence-based therapy from the Department of -Veterans Affairs. - (b) Eligible Veterans.--A veteran is eligible to participate in the -program under this section if the veteran-- - (1) is enrolled in the system of patient enrollment of the - Department of Veterans Affairs established and operated under - section 1705(a) of title 38, United States Code; and - (2) has received health care under the laws administered by - the Secretary during the two-year period preceding the initial - participation of the veteran in the program. - (c) Duration.--The Secretary shall carry out the program under this -section for a two-year period beginning on the commencement of the -program. - (d) Locations.-- - (1) In general.--The Secretary shall select not fewer than - three facilities of the Department of Veterans Affairs at which - to carry out the program under this section. - (2) Selection criteria.--In selecting facilities under - paragraph (1), the Secretary shall ensure that-- - (A) the locations are in geographically diverse - areas; and - (B) not fewer than two facilities serve veterans in - rural or highly rural areas (as determined through the - use of the Rural-Urban Commuting Areas coding system of - the Department of Agriculture). - (e) Access to Chat.--In carrying out the program under this -section, the Secretary shall ensure that veterans participating in the -program have access via chat to a mental health provider 24 hours per -day, seven days per week. - (f) Promotion of Veterans Crisis Line.--The Secretary shall promote -the availability of the Veterans Crisis Line to veterans participating -in the program under this section. - (g) Department Website.--In implementing the program under this -section, the Secretary, to the extent feasible, shall use a website of -the Department of Veterans Affairs to host the program. - (h) Reports.-- - (1) Interim report.-- - (A) In general.--Not later than one year after the - commencement of the program under this section, the - Secretary shall submit to the Committee on Veterans' - Affairs of the Senate and the Committee on Veterans' - Affairs of the House of Representatives a report on the - progress of the program. - (B) Elements.--The report required by subparagraph - (A) shall include the following: - (i) The number of participants in the - program. - (ii) An assessment of whether participation - by a veteran in the program resulted in any - changes in clinically relevant endpoints for - the veteran with respect to the conditions - specified in subsection (a). - (iii) Any recommendations of the Secretary - with respect to extending or expanding the - program. - (2) Final report.--Not later than 90 days after the - termination of the program under this section, the Secretary - shall submit to the Committee on Veterans' Affairs of the - Senate and the Committee on Veterans' Affairs of the House of - Representatives a final report on the program. - (i) Veterans Crisis Line Defined.--In this section, the term -``Veterans Crisis Line'' means the toll-free hotline for veterans -established under section 1720F(h) of title 38, United States Code. - -SEC. 302. STUDY ON CONNECTION BETWEEN LIVING AT HIGH ALTITUDE AND +SEC. 301. STUDY ON CONNECTION BETWEEN LIVING AT HIGH ALTITUDE AND SUICIDE RISK FACTORS AMONG VETERANS. (a) In General.--Not later than 180 days after the date of the @@ -1019,7 +1411,7 @@ study conducted under subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the results of the study. - (e) Follow-Up Study.-- + (e) Follow-up Study.-- (1) In general.--If the Secretary determines through the study conducted under subsection (a) that living at high altitude is a risk factor for developing depression or dying by @@ -1037,150 +1429,165 @@ results of the study. Committee on Veterans' Affairs of the House of Representatives a report on the results of the study. -SEC. 303. ESTABLISHMENT BY DEPARTMENT OF VETERANS AFFAIRS AND +SEC. 302. ESTABLISHMENT BY DEPARTMENT OF VETERANS AFFAIRS AND + DEPARTMENT OF DEFENSE OF A CLINICAL PROVIDER TREATMENT + TOOLKIT AND ACCOMPANYING TRAINING MATERIALS FOR + COMORBIDITIES. + + (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, shall develop a clinical +provider treatment toolkit and accompanying training materials for the +evidence-based management of comorbid mental health conditions, +comorbid mental health and substance use disorders, and a comorbid +mental health condition and chronic pain. + (b) Matters Included.--In developing the clinical provider +treatment toolkit and accompanying training materials under subsection +(a), the Secretary of Veterans Affairs and the Secretary of Defense +shall ensure that the toolkit and training materials include guidance +with respect to the following: + (1) The treatment of patients with post-traumatic stress + disorder who are also experiencing an additional mental health + condition, a substance use disorder, or chronic pain. + (2) The treatment of patients experiencing a mental health + condition, including anxiety, depression, or bipolar disorder, + who are also experiencing a substance use disorder or chronic + pain. + (3) The treatment of patients with traumatic brain injury + who are also experiencing-- + (A) a mental health condition, including post- + traumatic stress disorder, anxiety, depression, or + bipolar disorder; + (B) a substance use disorder; or + (C) chronic pain. + +SEC. 303. UPDATE OF CLINICAL PRACTICE GUIDELINES FOR ASSESSMENT AND + MANAGEMENT OF PATIENTS AT RISK FOR SUICIDE. + + (a) In General.--In the first publication of the Department of +Veterans Affairs and Department of Defense Clinical Practice Guideline +for Assessment and Management of Patients at Risk for Suicide published +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 ensure the publication +includes the following: + (1) Enhanced guidance with respect to gender-specific-- + (A) risk factors for suicide and suicidal ideation; + (B) treatment efficacy for depression and suicide + prevention; + (C) pharmacotherapy efficacy; and + (D) psychotherapy efficacy. + (2) Guidance with respect to the efficacy of alternative + therapies, other than psychotherapy and pharmacotherapy, + including the following: + (A) Yoga therapy. + (B) Meditation therapy. + (C) Equine therapy. + (D) Other animal therapy. + (E) Training and caring for service dogs. + (F) Agritherapy. + (G) Art therapy. + (H) Outdoor sports therapy. + (I) Music therapy. + (J) 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). + (b) 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 Department of Veterans Affairs and +Department of Defense 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. 304. ESTABLISHMENT BY DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE OF CLINICAL PRACTICE GUIDELINES FOR - COMORBID MENTAL HEALTH CONDITIONS. + THE TREATMENT OF SERIOUS MENTAL ILLNESS. (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 created under paragraph (1) +and Human Services, shall complete the development of a clinical +practice guideline or guidelines for the treatment of serious mental +illness, to include the following conditions: + (1) Schizophrenia. + (2) Schizoaffective disorder. + (3) Persistent mood disorder, including bipolar disorder I + and II. + (4) Any other mental, behavioral, or emotional disorder + resulting in serious functional impairment that substantially + interferes with major life activities as the Secretary of + Veterans Affairs, in consultation with the Secretary of Defense + and the Secretary of Health and Human Services, considers + appropriate. + (b) Matters Included in Guidelines.--The clinical practice +guideline or guidelines developed under subsection (a) shall include +the following: + (1) Guidance contained in the 2016 Clinical Practice + Guidelines for the Management of Major Depressive Disorders of + the Department of Veterans Affairs and the Department of + Defense. + (2) Guidance with respect to the treatment of patients with + a condition described in subsection (a). + (3) A list of evidence-based therapies for the treatment of + conditions described in subsection (a). + (4) An appropriate guideline for the administration of + pharmacological therapy, psychological or behavioral therapy, + or other therapy for the management of conditions described in + subsection (a). + (c) Assessment of Existing Guidelines.--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 an assessment of +the 2016 Clinical Practice Guidelines for the Management of Major +Depressive Disorders to determine whether an update to such guidelines +is necessary. + (d) Work Group.-- + (1) Establishment.--The Secretary of Veterans Affairs, the + Secretary of Defense, and the Secretary of Health and Human + Services shall create a work group to develop the clinical + practice guideline or guidelines under subsection (a) to be + known as the ``Serious Mental Illness Work Group'' (in this + subsection referred to as the ``Work Group''). + (2) Membership.--The Work Group created under paragraph (1) 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: + expertise in the areas covered by the Work Group, including the + following entities: (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. + (B) The Health Services Research and Development + Service 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. + (D) The National Institute of Mental Health. + (E) The Indian Health Service. + (F) Relevant organizations with expertise in + researching, diagnosing, or treating conditions + described in subsection (a). (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 + (e) 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. 304. 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. +appropriate, in creating the clinical practice guideline or guidelines +required under subsection (a) or from ensuring that the final clinical +practice guideline or 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. 305. PRECISION MEDICINE INITIATIVE OF DEPARTMENT OF VETERANS AFFAIRS TO IDENTIFY AND VALIDATE BRAIN AND MENTAL HEALTH @@ -1191,28 +1598,58 @@ of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement an initiative of the Department of Veterans Affairs to identify and validate brain and mental health biomarkers among veterans, with specific consideration for depression, anxiety, -post-traumatic stress disorder, traumatic brain injury, and such other -mental health conditions as the Secretary considers appropriate. Such -initiative may be referred to as the ``Precision Medicine for Veterans -Initiative''. +post-traumatic stress disorder, bipolar disorder, traumatic brain +injury, and such other mental health conditions as the Secretary +considers appropriate. Such initiative may be referred to as the +``Precision Medicine for Veterans Initiative''. (b) Model of Initiative.--The initiative under subsection (a) shall be modeled on the All of Us Precision Medicine Initiative administered by the National Institutes of Health with respect to large-scale collection of standardized data and open data sharing. - (c) Use of Data.-- + (c) Methods.--The initiative under subsection (a) shall include +brain structure and function measurements, such as functional magnetic +resonance imaging and electroencephalogram, and shall coordinate with +additional biological methods of analysis utilized in the Million +Veterans Program of the Department of Veterans Affairs. + (d) Use of Data.-- (1) Privacy and security.--In carrying out the initiative under subsection (a), the Secretary shall develop robust data - privacy and security measures to ensure that information of - veterans participating in the initiative is kept private and - secure. - (2) Open platform.-- - (A) Research purposes.--The Secretary shall make + privacy and security measures, consistent with section 552a of + title 5, United States Code (commonly known as the ``Privacy + Act of 1974''), and regulations promulgated pursuant to the + Health Insurance Portability and Accountability Act of 1996 + (parts 160, 162, and 164 of title 45, Code of Federal + Regulations, or successor regulations) to ensure that + information of veterans participating in the initiative is kept + private and secure. + (2) Consultation with the national institutes of science + and technology.--The Secretary may consult with the National + Institute of Science and Technology in developing the data + privacy and security measures described in paragraph (1). + (3) Access standards.--The Secretary shall provide access + to information under the initiative consistent with the + standards described in section 552a(d)(1) of title 5, United + States Code, and section 164.524 of title 45, Code of Federal + Regulations, or successor regulations. + (4) Open platform.-- + (A) Availability of data.--The Secretary shall make de-identified data collected under the initiative - available for research purposes both within and outside - of the Department of Veterans Affairs. - (B) Data may not be sold.--Data collected under the - initiative may not be sold. - (3) Standardization.-- + available for research purposes to Federal agencies. + (B) Contract.--The Secretary shall contract with + nongovernment entities that comply with requisite data + security measures to make available for research + purposes de-identified data collected under the + initiative. + (C) Assistance.--The Secretary shall provide + assistance to a Federal agency conducting research + using data collected under the initiative at the + request of that agency. + (D) Prohibition on transfer of data.--Federal + agencies may not disclose, transmit, share, sell, + license, or otherwise transfer data collected under the + initiative to any nongovernment entity other than as + allowed under subparagraph (B). + (5) Standardization.-- (A) In general.--The Secretary shall ensure that data collected under the initiative is standardized. (B) Consultation.--The Secretary shall consult with @@ -1220,38 +1657,54 @@ collection of standardized data and open data sharing. Administration to determine the most effective, efficient, and cost-effective way of standardizing data collected under the initiative. - (C) Manner of standardization.--Data collected - under the initiative shall be standardized in the - manner in which it is collected, entered into the - database, extracted, and recorded. - (4) Measures of brain function or structure.--Any measures + (C) Manner of standardization.--In consultation + with the National Institute for Science and Technology, + data collected under the initiative shall be + standardized in the manner in which it is collected, + entered into the database, extracted, and recorded. + (6) Measures of brain function or structure.--Any measures of brain function or structure collected under the initiative shall be collected with a device that is approved by the Food and Drug Administration. - (d) Inclusion of Initiative in Program.--The Secretary shall assess -the feasibility and advisability of coordinating efforts of the -initiative under subsection (a) with the Million Veterans Program of -the Department. - -SEC. 306. PREVENTATIVE AND COMPLEX DATA ANALYSIS BY DEPARTMENT OF + (7) De-identified data defined.--In this subsection, the + term ``de-identified data'' means, with respect to data held by + the Department of Veterans Affairs, that the Department-- + (A) alters, anonymizes, or aggregates the data so + that there is a reasonable basis for expecting that the + data could not be linked as a practical matter to a + specific individual; + (B) publicly commits to refrain from attempting to + re-identify the data with a specific individual, and + adopts controls to prevent such identification; and + (C) causes the data to be covered by a contractual + or other legally enforceable prohibition on each entity + to which the Department discloses the data from + attempting to use the data to identify a specific + individual and requires the same of all onward + disclosures. + (e) Inclusion of Initiative in Program.--The Secretary shall +coordinate efforts of the initiative under subsection (a) with the +Million Veterans Program of the Department. + +SEC. 306. STATISTICAL ANALYSES AND DATA EVALUATION BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: -``Sec. 119. Contracting for preventative or complex statistical - analysis - ``In order to carry out statistical analysis required under section -302 of the Commander John Scott Hannon Veterans Mental Health Care -Improvement Act of 2019, or any other preventative or complex -statistical analysis required under this title or any other provision -of law, the Secretary may contract with academic institutions or other -qualified entities, as determined by the Secretary, to carry out the -statistical analysis.''. +``Sec. 119. Contracting for statistical analyses and data evaluation + ``(a) In General.--The Secretary may enter into a contract or other +agreement with an academic institution or other qualified entity, as +determined by the Secretary, to carry out statistical analyses and data +evaluation as required of the Secretary by law.''. + ``(b) Rule of Construction.--Nothing in this section may be +construed to limit the authority of the Secretary to enter into +contracts or other agreements for statistical analyses and data +evaluation under any other provision of law.''. (b) 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 118 the following new item: +chapter 1 of such title is amended by adding at the end the following +new item: -``119. Contracting for preventative or complex statistical analysis.''. +``119. Contracting for statistical analyses and data evaluation.''. TITLE IV--OVERSIGHT OF MENTAL HEALTH CARE AND RELATED SERVICES @@ -1261,8 +1714,9 @@ SEC. 401. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION AND MENTAL (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter -into an agreement with a non-Federal Government entity to conduct a -study on the effectiveness of the suicide prevention and mental health +into an agreement with a non-Federal Government entity with expertise +in conducting and evaluating research-based studies to conduct a study +on the effectiveness of the suicide prevention and mental health outreach materials prepared by the Department of Veterans Affairs and the suicide prevention and mental health outreach campaigns conducted by the Department. @@ -1298,9 +1752,11 @@ by the Department. bisexual, transgender, or queer (commonly referred to as ``LGBTQ''); (F) veterans who live in rural or highly rural - areas; and + areas; (G) individuals transitioning from active duty in - the Armed Forces to civilian life. + the Armed Forces to civilian life; and + (H) other high-risk groups of veterans, as + determined by the Secretary. (c) Report.-- (1) In general.--Not later than 90 days after the last focus group meeting under subsection (b), the Secretary shall @@ -1311,20 +1767,23 @@ by the Department. include the following: (A) Based on the findings of the focus groups, an assessment of the effectiveness of current suicide - prevention and mental health outreach efforts of the - Department in reaching veterans as a whole as well as - specific groups of veterans (for example, women + prevention and mental health materials and campaigns of + the Department in reaching veterans as a whole as well + as specific groups of veterans (for example, women veterans). (B) Based on the findings of the focus groups, recommendations for future suicide prevention and - mental health outreach efforts by the Department to - target specific groups of veterans. - (C) A plan to change the current approach by the - Department to suicide prevention and mental health - outreach or, if the Secretary decides not to change the - current approach, an explanation of the reason for - maintaining the current approach. - (D) Such other issues as the Secretary considers + mental health materials and campaigns of the Department + to target specific groups of veterans. + (C) A plan to change the current suicide prevention + and mental health materials and campaigns of the + Department or, if the Secretary decides not to change + the current materials and campaigns, an explanation of + the reason for maintaining the current materials and + campaigns. + (D) A description of any dissenting or opposing + viewpoints raised by participants in the focus group. + (E) Such other issues as the Secretary considers necessary. (d) Representative Survey.-- (1) In general.--Not later than one year after the last @@ -1332,7 +1791,7 @@ by the Department. complete a representative survey of the veteran population that is informed by the focus group data in order to collect information about the effectiveness of the mental health and - suicide prevention outreach campaigns conducted by the + suicide prevention materials and campaigns conducted by the Department. (2) Veterans surveyed.-- (A) In general.--Veterans surveyed under paragraph @@ -1352,10 +1811,10 @@ Outreach Media.-- (1) Focus groups.-- (A) In general.--The Secretary shall include in each contract to develop media relating to suicide - prevention and mental health outreach a requirement - that the contractor convene focus groups of veterans to - assess the effectiveness of suicide prevention and - mental health outreach. + prevention and mental health materials and campaigns a + requirement that the contractor convene focus groups of + veterans to assess the effectiveness of suicide + prevention and mental health outreach. (B) Representation.--Each focus group required under subparagraph (A) shall, to the extent practicable, include veterans of diverse backgrounds, @@ -1371,9 +1830,11 @@ Outreach Media.-- bisexual, transgender, or queer (commonly referred to as ``LGBTQ''); (vi) veterans who live in rural or highly - rural areas; and + rural areas; (vii) individuals transitioning from active - duty in the Armed Forces to civilian life. + duty in the Armed Forces to civilian life; and + (viii) other high-risk groups of veterans, + as determined by the Secretary. (2) Subcontracting.-- (A) In general.--The Secretary shall include in each contract described in paragraph (1)(A) a @@ -1388,7 +1849,11 @@ Outreach Media.-- for suicide prevention and mental health media outreach shall go to subcontractors described in subparagraph (A). - (f) Rural and Highly Rural Defined.--In this section, with respect + (f) Paperwork Reduction Act Exemption.--Chapter 35 of title 44, +United States Code (commonly known as the ``Paperwork Reduction Act'') +shall not apply to any rulemaking or information collection required +under this section. + (g) Rural and Highly Rural Defined.--In this section, with respect to an area, the terms ``rural'' and ``highly rural'' have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture. @@ -1399,37 +1864,41 @@ SEC. 402. OVERSIGHT OF MENTAL HEALTH AND SUICIDE PREVENTION MEDIA (a) Establishment of Goals.-- (1) In general.--The Secretary of Veterans Affairs shall establish goals for the mental health and suicide prevention - media outreach campaigns of the Department of Veterans Affairs - in raising awareness about mental health and suicide - prevention. + media outreach campaigns of the Department of Veterans Affairs, + which shall include the establishment of targets, metrics, and + action plans to describe and assess those campaigns. (2) Use of metrics.-- (A) In general.--The goals established under paragraph (1) shall be measured by metrics specific to - different media types as follows: - (i) Metrics relating to social media shall - include the following: + different media types. + (B) Factors to consider.--In using metrics under + subparagraph (A), the Secretary shall determine the + best methodological approach for each media type and + shall consider the following: + (i) Metrics relating to social media, which + may include the following: (I) Impressions. (II) Reach. (III) Engagement rate. (IV) Such other metrics as the Secretary considers necessary. - (ii) Metrics relating to television shall - include the following: + (ii) Metrics relating to television, which + may include the following: (I) Nielsen ratings. (II) Such other metrics as the Secretary considers necessary. - (iii) Metrics relating to email shall + (iii) Metrics relating to email, which may include the following: (I) Open rate. - (II) Response rate + (II) Response rate. (III) Click rate. (IV) Such other metrics as the Secretary considers necessary. - (B) Update.--The Secretary shall periodically - update the metrics under subparagraph (A) as more + (C) Update.--The Secretary shall periodically + update the metrics under subparagraph (B) as more accurate metrics become available. - (3) Targets.--The Secretary shall develop targets to track - the metrics used under paragraph (2). + (3) Targets.--The Secretary shall establish targets to + track the metrics used under paragraph (2). (4) Consultation.--In establishing goals under paragraph (1), the Secretary shall consult with the following: (A) Relevant stakeholders, such as organizations @@ -1444,52 +1913,22 @@ SEC. 402. OVERSIGHT OF MENTAL HEALTH AND SUICIDE PREVENTION MEDIA on Veterans' Affairs of the House of Representatives a report detailing the goals established under paragraph (1) for the mental health and suicide prevention media outreach campaigns - of the Department in raising awareness about mental health and - suicide prevention, including the metrics and targets for such - metrics by which those goals are to be measured under paragraph - (2). + of the Department, including the metrics and targets for such + metrics by which those goals are to be measured under + paragraphs (2) and (3). (6) Annual report.--Not later than one year after the - submittal of the report under paragraph (3), and annually + submittal of the report under paragraph (5), and annually thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report detailing-- (A) the progress of the Department in meeting the - goals established under paragraph (1) and targets - developed under paragraph (3); and + goals established under paragraph (1) and the targets + established under paragraph (3); and (B) a description of action to be taken by the Department to modify mental health and suicide prevention media outreach campaigns if those goals and targets are not being met. - (b) Establishment of Oversight Process.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary shall establish a - process to oversee the mental health and suicide prevention - media outreach campaigns of the Department. - (2) Components of oversight process.--The process - established under paragraph (1) shall include the following - components: - (A) A delineation of the roles and responsibilities - of all suicide prevention officials within the Office - of Mental Health and Suicide Prevention of the Veterans - Health Administration. - (B) A schedule for creating, approving, - implementing, and evaluating all unpaid media and paid - media content relating to mental health and suicide - prevention. - (C) Lines of reporting, as the Secretary considers - necessary, to report to management information relating - to the mental health and suicide prevention media - outreach campaigns of the Department. - (c) Contract Requirements.--The Secretary shall ensure that each -contract into which the Secretary enters to develop mental health and -suicide prevention outreach media includes requirements that the -contractor-- - (1) track metrics used by the Secretary under subsection - (a)(2); and - (2) not less frequently than quarterly, report such metrics - to the Office of Mental Health and Suicide Prevention of the - Veterans Health Administration. - (d) Report on Use of Funds by Office of Mental Health and Suicide + (b) Report on Use of Funds by Office of Mental Health and Suicide Prevention.--Not later than 180 days after the date of the enactment of this Act, and semiannually thereafter, the Secretary shall submit to the Committee on Appropriations and the Committee on Veterans' Affairs @@ -1499,41 +1938,7 @@ the expenditures and obligations of the Office of Mental Health and Suicide Prevention of the Veterans Health Administration during the period covered by the report. -SEC. 403. ANNUAL REPORT ON PROGRESS OF DEPARTMENT OF VETERANS AFFAIRS - IN MEETING GOALS AND OBJECTIVES OF EXECUTIVE ORDER 13822. - - (a) In General.--Not later than 120 days after the date of the -enactment of this Act, and annually thereafter, the Secretary of -Veterans Affairs, in consultation with the Secretary of Defense and the -Secretary of Homeland Security, shall submit to the Committee on -Veterans' Affairs of the Senate and the Committee on Veterans' Affairs -of the House of Representatives a report that contains the following: - (1) An assessment of the progress of the Department of - Veterans Affairs, the Department of Defense, and the Department - of Homeland Security in meeting the goals and objectives - outlined in the report required under section 2(c) of Executive - Order 13822 (83 Fed. Reg. 1513; relating to supporting our - veterans during their transition from uniformed service to - civilian life) with respect to the implementation by the - Department of Veterans Affairs of the Joint Action Plan - required under section 2(b) of such Executive order. - (2) A description of action to be taken by the Department - of Veterans Affairs, the Department of Defense, and the - Department of Homeland Security if those goals and objectives - are not being met. - (3) An assessment of the effectiveness of Executive Order - 13822 at improving the transition process for members of the - Armed Forces and veterans. - (4) Such other topics as the Secretary of Veterans Affairs, - the Secretary of Defense, or the Secretary of Homeland Security - consider necessary. - (b) Submittal by Secretary of Veterans Affairs.--The Secretary of -Veterans Affairs shall submit each report required under paragraph (1) -with respect to the Department of Veterans Affairs regardless of -whether the Secretary of Defense or the Secretary of Homeland Security -provides any information for the report. - -SEC. 404. COMPTROLLER GENERAL MANAGEMENT REVIEW OF MENTAL HEALTH AND +SEC. 403. COMPTROLLER GENERAL MANAGEMENT REVIEW OF MENTAL HEALTH AND SUICIDE PREVENTION SERVICES OF DEPARTMENT OF VETERANS AFFAIRS. @@ -1561,7 +1966,7 @@ shall include the following: initiatives available from the Department and through community partnerships. (5) An assessment of the staffing levels at the Office of - Mental Health and Suicide Prevention, dissaggregated by type of + Mental Health and Suicide Prevention, disaggregated by type of position, and including the location of any staffing deficiencies. (6) An assessment of the Nurse Advice Line pilot program @@ -1593,7 +1998,7 @@ shall include the following: (12) An assessment of such other areas as the Comptroller General considers appropriate to study. -SEC. 405. COMPTROLLER GENERAL REPORT ON EFFORTS OF DEPARTMENT OF +SEC. 404. COMPTROLLER GENERAL REPORT ON EFFORTS OF DEPARTMENT OF VETERANS AFFAIRS TO INTEGRATE MENTAL HEALTH CARE INTO PRIMARY CARE CLINICS. @@ -1686,16 +2091,16 @@ SEC. 405. COMPTROLLER GENERAL REPORT ON EFFORTS OF DEPARTMENT OF specified in section 101(b) of the Caring for Our Veterans Act of 2018 (title I of Public Law 115-182)). -SEC. 406. JOINT MENTAL HEALTH PROGRAMS BY DEPARTMENT OF VETERANS +SEC. 405. 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 + (1) In general.--Not later than one year 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 + shall submit to the Committee on Veterans' Affairs and the + Committee on Armed Services of the Senate and the Committee on + Veterans' Affairs and the Committee on Armed Services 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. @@ -1705,41 +2110,58 @@ SEC. 406. JOINT MENTAL HEALTH PROGRAMS BY DEPARTMENT OF VETERANS 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. + (ii) Clinical and non-clinical mental + health initiatives, including 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. + conditions, to include post-traumatic stress + disorder, depression, anxiety, bipolar + disorder, traumatic brain injury, suicidal + ideation, and any other issues or conditions as + the Secretary of Veterans Affairs considers + necessary. (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. + (ii) Clinical and non-clinical mental + health initiatives, including the National + Intrepid Center of Excellence and the Intrepid + Spirit Centers. (iii) Programs that may secondarily improve mental health, including employment, housing assistance, and financial literacy programs. (iv) Research into mental health issues and - conditions. + conditions, to include post-traumatic stress + disorder, depression, anxiety, bipolar + disorder, traumatic brain injury, suicidal + ideation, and any other issues or conditions as + the Secretary of Defense considers necessary. (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. + (ii) Clinical and non-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. + conditions, to include post-traumatic stress + disorder, depression, anxiety, bipolar + disorder, traumatic brain injury, suicidal + ideation, and completed suicides, including + through the use of the joint suicide data + repository of the Department of Veterans + Affairs and the Department of Defense, and any + other issues or conditions as the Secretary of + Veterans Affairs and the Secretary of Defense + consider necessary. (D) Recommendations for coordinating mental health programs of the Department of Veterans Affairs and the Department of Defense to improve the effectiveness of @@ -1748,170 +2170,114 @@ SEC. 406. JOINT MENTAL HEALTH PROGRAMS BY DEPARTMENT OF VETERANS 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). - - TITLE V--MEDICAL WORKFORCE - - Subtitle A--Improvement of Mental Health Medical Workforce - -SEC. 501. TREATMENT OF PSYCHOLOGISTS. - - (a) Treatment as Title 38 Employees.--Section 7401 of title 38, -United States Code, is amended-- - (1) in paragraph (1) by inserting ``psychologists,'' after - ``chiropractors,''; and - (2) in paragraph (3), by striking ``psychologists,''. - (b) Inclusion in Contracts for Scarce Medical Specialist -Services.--Section 7409(a) of title 38, United States Code, is amended -by inserting ``psychologists,'' after ``chiropractors,''. - -SEC. 502. STAFFING IMPROVEMENT PLAN FOR PSYCHIATRISTS AND PSYCHOLOGISTS - OF DEPARTMENT OF VETERANS AFFAIRS. - - (a) Staffing Plan.--Not later than 270 days after the date of the -enactment of this Act, the Secretary of Veterans Affairs, in -consultation with the Inspector General of the Department of Veterans -Affairs, shall submit to the Committee on Veterans' Affairs of the -Senate and the Committee on Veterans' Affairs of the House of -Representatives a plan to address staffing shortages of psychiatrists -and psychologists of the Department of Veterans Affairs, including -filling any open positions. - (b) Elements.--The plan required by subsection (a) shall include -the following: - (1) The number of positions for psychiatrists and - psychologists of the Department that need to be filled to meet - demand, disaggregated by Veterans Integrated Service Network - and medical center. - (2) An identification of the steps that the Secretary will - take in each Veterans Integrated Service Network to address - such shortages, include the following: - (A) A description of any region-specific hiring + (b) Evaluation of Collaborative Efforts of Department of Veterans +Affairs and Department of Defense and Alternatives of Analysis to +Establish a Joint VA/DOD Intrepid Spirit Center.-- + (1) In general.--The Secretary of Veterans Affairs, in + coordination with the Secretary of Defense, shall evaluate the + current ongoing collaborative efforts of the Department of + Veterans Affairs and the Department of Defense related to post- + traumatic stress disorder and traumatic brain injury care, + research, and education to improve the quality of and access to + such care and seek potential new collaborative efforts to + improve and expand such care for veterans and members of the + Armed Forces in a joint Department of Veterans Affairs/ + Department of Defense Intrepid Spirit Center that serves active + duty members of the Armed Forces, members of the reserve + components of the Armed Forces, and veterans for mutual benefit + and growth in treatment and care. + (2) Alternatives of analysis.-- + (A) In general.--The evaluation required under + paragraph (1) shall include an alternatives of analysis + to establish the joint Department of Veterans Affairs/ + Department of Defense Intrepid Spirit Center described + in paragraph (1). + (B) Elements.--The alternatives of analysis + required under subparagraph (A) with respect to the + establishment of the joint Department of Veterans + Affairs/Department of Defense Intrepid Spirit Center + described in paragraph (1) shall provide alternatives + and recommendations that consider information + including-- + (i) colocation of the center on an + installation of the Department of Defense or + property of a medical center of the Department + of Veterans Affairs; + (ii) consideration of a rural or highly + rural area to establish the center that may + include colocation described in clause (i); + (iii) geographic distance from existing or + planned Intrepid Spirit Centers of the + Department of Defense or other such facilities + of the Department of Veterans Affairs or the + Department of Defense that furnish care for + post-traumatic stress disorder or traumatic + brain injury; and + (iv) the potential role for private + entities and philanthropic organizations in + carrying out the activities of the center. + (3) Report to congress.--Not later than 270 days after the + date of the enactment of this Act, the Secretary of Veterans + Affairs shall submit to the Committee on Veterans' Affairs of + the Senate and the Committee on Veterans' Affairs of the House + of Representatives a report that includes-- + (A) a summary of the evaluation required under + paragraph (1); and + (B) the alternatives of analysis required under + paragraph (2). + (4) Rural and highly rural defined.--In this subsection, + with respect to an area, the terms ``rural'' and ``highly + rural'' have the meanings given those terms in the Rural-Urban + Commuting Areas coding system of the Department of Agriculture. + + TITLE V--IMPROVEMENT OF MENTAL HEALTH MEDICAL WORKFORCE + +SEC. 501. STAFFING IMPROVEMENT PLAN FOR MENTAL HEALTH PROVIDERS OF + DEPARTMENT OF VETERANS AFFAIRS. + + (a) Staffing Plan.-- + (1) In general.--Not later than one year after the date of + the enactment of this Act, the Secretary of Veterans Affairs, + in consultation with the Inspector General of the Department of + Veterans Affairs, shall submit to the Committee on Veterans' + Affairs of the Senate and the Committee on Veterans' Affairs of + the House of Representatives a plan to address staffing of + mental health providers of the Department of Veterans Affairs, + including filling any open positions. + (2) Elements.--The plan required by paragraph (1) shall + include the following: + (A) An estimate of the number of positions for + mental health providers of the Department that need to + be filled to meet demand. + (B) An identification of the steps that the + Secretary will take to address mental health staffing + for the Department. + (C) A description of any region-specific hiring incentives to be used by the Secretary in consultation with the directors of Veterans Integrated Service Networks and medical centers of the Department. - (B) A description of any local retention or + (D) A description of any local retention or engagement incentives to be used by directors of Veterans Integrated Service Networks. - (3) Such recommendations for legislative or administrative - action as the Secretary considers necessary to aid in - addressing staffing shortages of psychiatrists and - psychologists of the Department. - -SEC. 503. OCCUPATIONAL SERIES AND STAFFING IMPROVEMENT PLAN FOR - LICENSED PROFESSIONAL MENTAL HEALTH COUNSELORS AND - MARRIAGE AND FAMILY THERAPISTS OF DEPARTMENT OF VETERANS - AFFAIRS. - - (a) Occupational Series.--Not later than one year after the date of -the enactment of this Act, the Secretary of Veterans Affairs, in -consultation with the Office of Personnel Management, shall develop an -occupational series for licensed professional mental health counselors -and marriage and family therapists of the Department of Veterans -Affairs. - (b) Staffing Plan.-- - (1) In general.--Not later than 270 days after the date of - the enactment of this Act, the Secretary shall submit to the - Committee on Veterans' Affairs of the Senate and the Committee - on Veterans' Affairs of the House of Representatives a plan to - address staffing shortages of licensed professional mental - health counselors and marriage and family therapists of the - Department of Veterans Affairs. - (2) Elements.--The plan required by paragraph (1) shall - include the following: - (A) The number of positions for licensed - professional mental health counselors and marriage and - family therapists of the Department that need to be - filled to meet demand, disaggregated by Veterans - Integrated Service Network and medical center. - (B) An identification of the steps that the - Secretary will take in each Veterans Integrated Service - Network to address such shortages, include the - following: - (i) A description of any region-specific - hiring incentives to be used by the Secretary - in consultation with the directors of Veterans - Integrated Service Networks and medical centers - of the Department. - (ii) A description of any local retention - or engagement incentives to be used by - directors of Veterans Integrated Service - Networks. - (C) Such recommendations for legislative or - administrative action as the Secretary, in consultation - with the Inspector General of the Department of - Veterans Affairs, considers necessary to aid in - addressing staffing shortages of licensed professional - mental health counselors and marriage and family - therapists of the Department. - (c) Report.--Not later than one year after the submittal of the -plan required by subsection (b), the Secretary shall submit to the -Committee on Veterans' Affairs of the Senate and the Committee on -Veterans' Affairs of the House of Representatives a report setting -forth the number of licensed professional mental health counselors and -marriage and family therapists hired by the Department during the one- -year period preceding the submittal of the report, disaggregated by -Veterans Integrated Service Network and medical center. - -SEC. 504. STAFFING IMPROVEMENT PLAN FOR PEER SPECIALISTS OF DEPARTMENT - OF VETERANS AFFAIRS WHO ARE WOMEN. - - (a) Assessment of Capacity.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of Veterans Affairs, - in consultation with the Inspector General of the Department of - Veterans Affairs, shall commence an assessment of the capacity - of peer specialists of the Department of Veterans Affairs who - are women. - (2) Elements.--The assessment required by paragraph (1) - shall include an assessment of the following: - (A) The geographical distribution of peer - specialists of the Department who are women. - (B) The geographical distribution of women - veterans. - (C) The number and proportion of women peer - specialists who specialize in peer counseling on mental - health or suicide prevention. - (D) The number and proportion of women peer - specialists who specialize in peer counseling on non- - mental health related matters. - (b) Report.--Not later than one year after the assessment required -by subsection (a) has commenced, the Secretary shall submit to the -Committee on Veterans' Affairs of the Senate and the Committee on -Veterans' Affairs of the House of Representatives a report detailing -the findings of the assessment. - (c) Staffing Improvement Plan.-- - (1) In general.--Not later than 180 days after submitting - the report under subsection (b), the Secretary, in consultation - with the Inspector General, shall submit to the Committee on - Veterans' Affairs of the Senate and the Committee on Veterans' - Affairs of the House of Representatives a plan, based on the - results of the assessment required by subsection (a), to hire - additional qualified peer specialists who are women, with - special consideration for areas that lack peer specialists who - are women. - (2) Elements.--The peer specialist positions included in - the plan required by paragraph (1)-- - (A) shall be non-volunteer, paid positions; and - (B) may be part-time positions. - -SEC. 505. ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS READJUSTMENT + (E) Such recommendations for legislative or + administrative action as the Secretary considers + necessary to aid in addressing mental health staffing + for the Department. + (3) Report.--Not later than one year after the submittal of + the plan required by paragraph (1), the Secretary shall submit + to the Committee on Veterans' Affairs of the Senate and the + Committee on Veterans' Affairs of the House of Representatives + a report setting forth the number of mental health providers + hired by the Department during the one-year period preceding + the submittal of the report. + (b) Occupational Series for Certain Mental Health Providers.--Not +later than one year after the date of the enactment of this Act, the +Secretary of Veterans Affairs, in consultation with the Office of +Personnel Management, shall develop an occupational series for licensed +professional mental health counselors and marriage and family +therapists of the Department of Veterans Affairs. + +SEC. 502. ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS READJUSTMENT COUNSELING SERVICE SCHOLARSHIP PROGRAM. (a) In General.--Chapter 76 of title 38, United States Code, is @@ -1931,14 +2297,12 @@ referred to as the `Program'). Program, as determined by the Readjustment Counseling Service of the Department, if the individual-- ``(1) is accepted for enrollment or enrolled (as described - in section 7602 of this title) in, a program of study at an + in section 7602 of this title) in a program of study at an accredited educational institution, school, or training program - leading to-- - ``(A) a bachelor's, master's, or doctoral degree in - psychology, social work, or marriage and family - therapy; or - ``(B) a master's degree in mental health - counseling; and + leading to a terminal degree in psychology, social work, + marriage and family therapy, or mental health counseling that + would meet the education requirements for appointment to a + position under section 7402(b) of this title; and ``(2) enters into an agreement with the Secretary under subsection (c). ``(b) Priority.--In selecting individuals to participate in the @@ -1949,7 +2313,7 @@ individuals: ``(A) designated as a medically underserved population under section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)); and - ``(B) in a state with a per capita population of + ``(B) in a State with a per capita population of veterans of more than five percent according to the National Center for Veterans Analysis and Statistics and the Bureau of the Census. @@ -1964,16 +2328,16 @@ forth in section 7604 of this title) include the following: meets the requirements set forth in section 7602(a) of this title. ``(2) An agreement by the participant to serve as a full- - time employee of the Department at a Vet Center for a three- - year period during the six-year period following the completion - by the participant of such program of study (in this subchapter - referred to as the `period of obligated service'). + time employee of the Department at a Vet Center for a six-year + period following the completion by the participant of such + program of study (in this subchapter referred to as the `period + of obligated service'). ``(d) Vet Center Defined.--In this section, the term `Vet Center' has the meaning given that term in section 1712A(h) of this title. ``Sec. 7699A. Obligated service ``(a) In General.--Each participant in the Program shall provide service as a full-time employee of the Department at a Vet Center (as -defined in section 7699(c) of this title) for the period of obligated +defined in section 7699(d) of this title) for the period of obligated service set forth in the agreement of the participant entered into under section 7604 of this title. ``(b) Determination of Service Commencement Date.--(1) Not later @@ -2013,7 +2377,7 @@ obligation arising under the agreement. provided in subsection (d), if a participant in the Program does not complete the period of obligated service of the participant, the United States shall be entitled to recover from the participant an amount -determined in accordance with the following formula: A=3F(t-s/t). +determined in accordance with the following formula: A = 3F(t-s/t). ``(2) In the formula in paragraph (1): ``(A) `A' is the amount the United States is entitled to recover. @@ -2029,7 +2393,7 @@ determined in accordance with the following formula: A=3F(t-s/t). obligated service of the participant. ``(D) `s' is the number of months of such period served by the participant. - ``(d) Limitation on Liability for Reductions-in-Force.--Liability + ``(d) Limitation on Liability for Reductions-in-force.--Liability shall not arise under subsection (c) if the participant fails to maintain employment as a Department employee due to a staffing adjustment. @@ -2095,7 +2459,7 @@ United States Code, as added by subsection (a), for programs of study beginning not later than one year after the date of the enactment of this Act. -SEC. 506. COMPTROLLER GENERAL REPORT ON READJUSTMENT COUNSELING SERVICE +SEC. 503. COMPTROLLER GENERAL REPORT ON READJUSTMENT COUNSELING SERVICE OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Not later than one year after the date of the @@ -2136,11 +2500,17 @@ the following: (8) An assessment of the efficacy of group therapy and the level of training of providers at Vet Centers in administering group therapy. + (9) An assessment of the efficiency and effectiveness of + the task organization structure of Vet Centers. + (10) An assessment of the use of Vet Centers by Native + American veterans, as defined in section 3765 of title 38, + United States Code, and recommendations on how to better reach + those veterans. (c) Vet Center Defined.--In this section, the term ``Vet Center'' has the meaning given that term in section 1712A(h) of title 38, United States Code. -SEC. 507. EXPANSION OF REPORTING REQUIREMENTS ON READJUSTMENT +SEC. 504. EXPANSION OF REPORTING REQUIREMENTS ON READJUSTMENT COUNSELING SERVICE OF DEPARTMENT OF VETERANS AFFAIRS. (a) Expansion of Annual Report.--Paragraph (2)(C) of section @@ -2153,19 +2523,23 @@ additional mobile Vet Centers''. the following new paragraph: ``(3) For each even numbered year in which the report required by paragraph (1) is submitted, the Secretary shall include in such report -a prediction of trends in demand for care, long-term investments -required with respect to the provision of care, maintenance of -infrastructure, and other capital investments with respect to the -Readjustment Counseling Service, including Vet Centers, Mobile Vet -Centers, and community access points.''. - -SEC. 508. STUDIES ON ALTERNATIVE WORK SCHEDULES FOR EMPLOYEES OF +a prediction of-- + ``(A) trends in demand for care; + ``(B) long-term investments required with respect to the + provision of care; + ``(C) requirements relating to maintenance of + infrastructure; and + ``(D) other capital investment requirements with respect to + the Readjustment Counseling Service, including Vet Centers, + mobile Vet Centers, and community access points.''. + +SEC. 505. BRIEFING ON ALTERNATIVE WORK SCHEDULES FOR EMPLOYEES OF VETERANS HEALTH ADMINISTRATION. - (a) Study of Veterans.-- + (a) Survey of Veterans.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs - shall conduct a study on the attitudes of eligible veterans + shall conduct a survey on the attitudes of eligible veterans toward the Department of Veterans Affairs offering appointments outside the usual operating hours of facilities of the Department, including through the use of telehealth @@ -2177,216 +2551,398 @@ SEC. 508. STUDIES ON ALTERNATIVE WORK SCHEDULES FOR EMPLOYEES OF United States Code; and (B) received health care from the Department at least once during the two-year period ending on the - date of the commencement of the study under paragraph + date of the commencement of the survey under paragraph (1). - (b) Department Study.-- + (b) Congressional Briefing.-- + (1) In general.--Not later than 270 days after the date of + the enactment of this Act, the Secretary shall brief the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives on the-- + (A) feasibility and advisability of offering + appointments outside the usual operating hours of + facilities of the Department that do not offer such + appointments; and + (B) effectiveness of offering appointments outside + the usual operating hours of facilities of the + Department for those facilities that offer such + appointments. + (2) Elements.--The briefing required by paragraph (1) shall + include the following: + (A) The findings of the survey conducted under + subsection (a); + (B) Feedback from employees of the Veterans Health + Administration, including clinical, nonclinical, and + support staff, with respect to offering appointments + outside the usual operating hours of facilities of the + Department, including through the use of telehealth + appointments; and + (C) Any other matters the Secretary considers + relevant to a full understanding of the feasibility and + advisability of offering appointments outside the usual + operating hours of facilities of the Department. + (c) Paperwork Reduction Act Exemption.--Chapter 35 of title 44, +United States Code (commonly known as the ``Paperwork Reduction Act'') +shall not apply to any rulemaking or information collection required +under this section. + +SEC. 506. SUICIDE PREVENTION COORDINATORS. + + (a) Staffing Requirement.--Beginning not later than one year after +the date of the enactment of this Act, the Secretary of Veterans +Affairs shall ensure that each medical center of the Department of +Veterans Affairs has not less than one suicide prevention coordinator. + (b) Study on Reorganization.-- + (1) In general.--Not later than one year after the date of + the enactment of this Act, the Secretary, in consultation with + the Office of Mental Health and Suicide Prevention of the + Department, shall commence the conduct of a study to determine + the feasibility and advisability of-- + (A) the realignment and reorganization of suicide + prevention coordinators within the Office of Mental + Health and Suicide Prevention; and + (B) the creation of a suicide prevention + coordinator program office. + (2) Program office realignment.--In conducting the study + under paragraph (1), the Secretary shall assess the feasibility + of advisability of, within the suicide prevention coordinator + program office described in paragraph (1)(B), aligning suicide + prevention coordinators and suicide prevention case managers + within the organizational structure and chart of the Suicide + Prevention Program of the Department, with the Director of the + Suicide Prevention program having ultimate supervisory + oversight and responsibility over the suicide prevention + coordinator program office. + (c) Report.--Not later than 90 days after the completion of the +study under subsection (b), the Secretary shall submit to the Committee +on Veterans' Affairs of the Senate and the Committee on Veterans' +Affairs of the House of Representatives a report on such study, +including the following: + (1) An assessment of the feasibility and advisability of + creating a suicide prevention coordinator program office to + oversee and monitor suicide prevention coordinators and suicide + prevention case managers across all medical centers of the + Department. + (2) A review of current staffing ratios for suicide + prevention coordinators and suicide prevention case managers in + comparison with current staffing ratios for mental health + providers within each medical center of the Department. + (3) A description of the duties and responsibilities for + suicide prevention coordinators across the Department to better + define, delineate, and standardize qualifications, performance + goals, performance duties, and performance outcomes for suicide + prevention coordinators and suicide prevention case managers. + +SEC. 507. REPORT ON EFFORTS BY DEPARTMENT OF VETERANS AFFAIRS TO + IMPLEMENT SAFETY PLANNING IN EMERGENCY DEPARTMENTS. + + (a) Findings.--Congress makes the following findings: + (1) The Department of Veterans Affairs must be more + effective in its approach to reducing the burden of veteran + suicide connected to mental health diagnoses, to include + expansion of treatment delivered via telehealth methods and in + rural areas. + (2) An innovative project, known as Suicide Assessment and + Follow-up Engagement: Veteran Emergency Treatment (in this + subsection referred to as ``SAFE VET''), was designed to help + suicidal veterans seen at emergency departments within the + Veterans Health Administration and was successfully implemented + in five intervention sites beginning in 2010. + (3) A 2018 study found that safety planning intervention + under SAFE VET was associated with 45 percent fewer suicidal + behaviors in the six-month period following emergency + department care and more than double the odds of a veteran + engaging in outpatient behavioral health care. + (4) SAFE VET is a promising alternative and acceptable + delivery of care system that augments the treatment of suicidal + veterans in emergency departments of the Veterans Health + Administration and helps ensure that those veterans have + appropriate follow-up care. + (5) Beginning in September 2018, the Veterans Health + Administration implemented a suicide prevention program, known + as the SPED program, for veterans presenting to the emergency + department who are assessed to be at risk for suicide and are + safe to be discharged home. + (6) The SPED program includes issuance and update of a + safety plan and post-discharge follow-up outreach for veterans + to facilitate engagement in outpatient mental health care. + (b) Report.-- (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary shall conduct a study - on the feasibility and advisability of offering appointments - outside the usual operating hours of facilities of the + the enactment of this Act, the Secretary of Veterans Affairs + shall submit to the appropriate committees of Congress a report + on the efforts of the Secretary to implement a suicide + prevention program for veterans presenting to an emergency + department or urgent care center of the Veterans Health + Administration who are assessed to be at risk for suicide and + are safe to be discharged home, including a safety plan and + post-discharge outreach for veterans to facilitate engagement + in outpatient mental health care. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) An assessment of the implementation of the + current operational policies and procedures of the SPED + program at each medical center of the Department of + Veterans Affairs, including an assessment of the + following: + (i) Training provided to clinicians or + other personnel administering protocols under + the SPED program. + (ii) Any disparities in implementation of + such protocols between medical centers. + (iii) Current criteria used to measure the + quality of such protocols including-- + (I) methodology used to assess the + quality of a safety plan and post- + discharge outreach for veterans; or + (II) in the absence of such + methodology, a proposed timeline and + guidelines for creating a methodology + to ensure compliance with the evidence- + based model used under the Suicide + Assessment and Follow-up Engagement: + Veteran Emergency Treatment (SAFE VET) + program of the Department. + (B) An assessment of the implementation of the + policies and procedures described in subparagraph (A), + including the following: + (i) An assessment of the quality and + quantity of safety plans issued to veterans. + (ii) An assessment of the quality and + quantity of post-discharge outreach provided to + veterans. + (iii) The post-discharge rate of veteran + engagement in outpatient mental health care, + including attendance at not fewer than one + individual mental health clinic appointment or + admission to an inpatient or residential unit. + (iv) The number of veterans who decline + safety planning efforts during protocols under + the SPED program. + (v) The number of veterans who decline to + participate in follow-up efforts within the + SPED program. + (C) A description of how SPED primary coordinators + are deployed to support such efforts, including the + following: + (i) A description of the duties and + responsibilities of such coordinators. + (ii) The number and location of such + coordinators. + (iii) A description of training provided to + such coordinators. + (iv) An assessment of the other + responsibilities for such coordinators and, if + applicable, differences in patient outcomes + when such responsibilities are full-time duties + as opposed to secondary duties. + (D) An assessment of the feasibility and + advisability of expanding the total number and + geographic distribution of SPED primary coordinators. + (E) An assessment of the feasibility and + advisability of providing services under the SPED + program via telehealth channels, including an analysis + of opportunities to leverage telehealth to better serve + veterans in rural areas. + (F) A description of the status of current + capabilities and utilization of tracking mechanisms to + monitor compliance, quality, and patient outcomes under + the SPED program. + (G) Such recommendations, including specific action + items, as the Secretary considers appropriate with + respect to how the Department can better implement the + SPED program, including recommendations with respect to + the following: + (i) A process to standardize training under + such program. + (ii) Any resourcing requirements necessary + to implement the SPED program throughout + Veterans Health Administration, including by + having a dedicated clinician responsible for + administration of such program at each medical + center. + (iii) An analysis of current statutory + authority and any changes necessary to fully + implement the SPED program throughout the + Veterans Health Administration. + (iv) A timeline for the implementation of + the SPED program through the Veterans Health + Administration once full resourcing and an + approved training plan are in place. + (H) Such other matters as the Secretary considers + appropriate. + (c) Definitions.--In this section: + (1) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the Committee on Veterans' Affairs and the + Subcommittee on Military Construction, Veterans + Affairs, and Related Agencies of the Committee on + Appropriations of the Senate; and + (B) the Committee on Veterans' Affairs and the + Subcommittee on Military Construction, Veterans + Affairs, and Related Agencies of the Committee on + Appropriations of the House of Representatives. + (2) SPED primary coordinator.--The term ``SPED primary + coordinator'' means the main point of contact responsible for + administering the SPED program at a medical center of the Department. - (2) Study of employees.--The study required by paragraph - (1) shall include a study of the opinions of employees of the - Veterans Health Administration, including clinical, - nonclinical, and support staff, with respect to offering - appointments outside the usual operating hours of facilities of - the Department, including through the use of telehealth - appointments. - -SEC. 509. SUICIDE PREVENTION COORDINATORS. - - The Secretary of Veterans Affairs shall ensure that each medical -center of the Department of Veterans Affairs is staffed with not fewer -than one suicide prevention coordinator. - -Subtitle B--Direct Hiring Authorities for Certain Health Care Positions - -SEC. 521. DIRECT HIRING AUTHORITIES FOR CERTAIN HEALTH CARE POSITIONS. - - (a) In General.--Subpart I of part III of title 5, United States -Code, is amended by adding at the end the following: - - ``CHAPTER 103--DEPARTMENT OF VETERANS AFFAIRS HIRING AUTHORITIES + (3) SPED program.--The term ``SPED program'' means the + Safety Planning in Emergency Departments program of the + Department of Veterans Affairs established in September 2018 + for veterans presenting to the emergency department who are + assessed to be at risk for suicide and are safe to be + discharged home, which extends the evidence-based intervention + for suicide prevention to all emergency departments of the + Veterans Health Administration. -``Sec. -``10301. Department of Veterans Affairs personnel authorities. -``Sec. 10301. Department of Veterans Affairs personnel authorities - ``(a) Flexibilities Relating to Appointments.-- - ``(1) In general.--The Secretary of Veterans Affairs - (referred to in this section as the `Secretary') shall - promulgate regulations to redesign the procedures that are - applied by the Department of Veterans Affairs in making - appointments to positions described in paragraphs (1) and (3) - of section 7401 of title 38 in order to-- - ``(A) better meet mission needs; - ``(B) respond to managers' needs and the needs of - applicants; - ``(C) produce high-quality applicants; - ``(D) support timely decisions; and - ``(E) promote competitive job offers. - ``(2) Waived requirements.--In redesigning the process by - which the appointments described in paragraph (1) shall be - made, the Secretary may waive the requirements of chapter 33, - and the regulations implementing that chapter, to the extent - necessary to achieve the objectives of this section, while - providing for the following: - ``(A) Fair, credible, and transparent methods of - establishing qualification requirements for, - recruitment for, and appointments to positions. - ``(B) Fair and open competition and equitable - treatment in the consideration and selection of - individuals to positions. - ``(C) Fair, credible, and transparent methods of - assigning, reassigning, detailing, transferring, or - promoting employees. - ``(3) Implementation requirements.--In implementing this - subsection, the Secretary shall comply with the provisions of - section 2302(b)(11), regarding veterans' preference - requirements, in a manner consistent with that in which such - provisions are applied under chapter 33. - ``(4) Training program.--The Secretary shall develop a - training program for Department of Veterans Affairs human - resource professionals to implement the requirements of this - subsection. - ``(5) Indicators of effectiveness.--The Secretary shall - develop indicators of effectiveness to determine whether - appointment flexibilities under this subsection have achieved - the objectives described in paragraph (1). - ``(b) Criteria for Use of New Personnel Authorities.--In the -redesign of appointment procedures, as described in subsection (a), and -with respect to the system of appointment flexibilities established -under that subsection, the Secretary shall-- - ``(1) include a means for ensuring employee involvement - (for bargaining unit employees, through their exclusive - representatives) in that redesign and in the implementation of - that system; - ``(2) provide for adequate training and retraining for - supervisors, managers, and employees in the implementation and - operation of that redesign and that system; - ``(3) develop-- - ``(A) a comprehensive management succession program - to provide training to employees to develop managers - for the agency; and - ``(B) a program to provide training to supervisors - on actions, options, and strategies that a supervisor - may use in administering that system; - ``(4) include effective transparency and accountability - measures and safeguards to ensure that the management of that - system is fair, credible, and equitable, including appropriate - independent reasonableness reviews, internal assessments, and - employee surveys; - ``(5) provide mentors to advise individuals on their career - paths and opportunities to advance and excel within their - fields; - ``(6) develop appropriate procedures for warnings during - performance evaluations for employees who fail to meet - performance standards; - ``(7) utilize the quadrennial strategic plan required under - section 7330C(b) of title 38; and - ``(8) ensure that adequate agency resources are allocated - for the design, implementation, and administration of that - system.''. - (b) Technical and Conforming Amendment.--The table of chapters for -part III of title 5, United States Code, is amended by inserting after -the item relating to chapter 102 the following: - -``103. Department of Veterans Affairs Hiring Authorities.... 10301.''. - - TITLE VI--IMPROVEMENT OF TELEHEALTH SERVICES - -SEC. 601. EXPANDED TELEHEALTH FROM DEPARTMENT OF VETERANS AFFAIRS. + TITLE VI--IMPROVEMENT OF CARE AND SERVICES FOR WOMEN VETERANS + +SEC. 601. EXPANSION OF CAPABILITIES OF WOMEN VETERANS CALL CENTER TO + INCLUDE TEXT MESSAGING. + + The Secretary of Veterans Affairs shall expand the capabilities of +the Women Veterans Call Center of the Department of Veterans Affairs to +include a text messaging capability. + +SEC. 602. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS INTERNET + WEBSITE TO PROVIDE INFORMATION ON SERVICES AVAILABLE TO + WOMEN VETERANS. + + (a) In General.--The Secretary of Veterans Affairs shall survey the +internet websites and information resources of the Department of +Veterans Affairs in effect on the day before the date of the enactment +of this Act and publish an internet website that serves as a +centralized source for the provision to women veterans of information +about the benefits and services available to them under laws +administered by the Secretary. + (b) Elements.--The internet website published under subsection (a) +shall provide to women veterans information regarding all services +available in the district in which the veteran is seeking such +services, including, with respect to each medical center and community- +based outpatient clinic in the applicable Veterans Integrated Service +Network-- + (1) the name and contact information of each women's health + coordinator; + (2) a list of appropriate staff for other benefits + available from the Veterans Benefits Administration, the + National Cemetery Administration, and such other entities as + the Secretary considers appropriate; and + (3) such other information as the Secretary considers + appropriate. + (c) Updated Information.--The Secretary shall ensure that the +information described in subsection (b) that is published on the +internet website required by subsection (a) is updated not less +frequently than once every 90 days. + (d) Outreach.--In carrying out this section, the Secretary shall +ensure that the outreach conducted under section 1720F(i) of title 38, +United States Code, includes information regarding the internet website +required by subsection (a). + (e) Derivation of Funds.--Amounts used by the Secretary to carry +out this section shall be derived from amounts made available to the +Secretary to publish internet websites of the Department. + + TITLE VII--OTHER MATTERS + +SEC. 701. EXPANDED TELEHEALTH FROM DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall enter into -partnerships, and expand existing partnerships, between the Department -of Veterans Affairs, organizations that represent or serve veterans, -nonprofit organizations, private businesses, and other interested -parties for the expansion of telehealth capabilities and the provision -of telehealth services to veterans through the award of grants under -subsection (c). - (b) Preference for Partnerships.--The Secretary shall give -preference to entering into or expanding partnerships under subsection -(a) with organizations that-- - (1) represent veterans in rural or highly rural areas (as - determined through the use of the Rural-Urban Commuting Areas - coding system of the Department of Agriculture); or - (2) operate in a medically underserved community (as - defined in section 799B of the Public Health Service Act (42 - U.S.C. 295p)). - (c) Award of Grants.-- - (1) In general.--In carrying out partnerships entered into - or expanded under this section with entities described in +agreements, and expand existing agreements, with organizations that +represent or serve veterans, nonprofit organizations, private +businesses, and other interested parties for the expansion of +telehealth capabilities and the provision of telehealth services to +veterans through the award of grants under subsection (b). + (b) Award of Grants.-- + (1) In general.--In carrying out agreements entered into or + expanded under this section with entities described in subsection (a), the Secretary shall award grants to those entities. - (2) Maximum amount of grants.--The amount of a grant - awarded under this subsection may not exceed $75,000 per site - per year. + (2) Locations.--To the extent practicable, the Secretary + shall ensure that grants are awarded to entities that serve + veterans in rural and highly rural areas (as determined through + the use of the Rural-Urban Commuting Areas coding system of the + Department of Agriculture) or areas determined to be medically + underserved. (3) Use of grants.-- (A) In general.--Grants awarded to an entity under - this subsection shall be used for the following: - (i) Purchasing or upgrading hardware or - software necessary for the provision of secure - and private telehealth services. + this subsection may be used for one or more of the + following: + (i) Purchasing, replacing or upgrading + hardware or software necessary for the + provision of secure and private telehealth + services. (ii) Upgrading security protocols for - consistency with the standardized telehealth - security protocol implemented under section - 602(a)(2), or any other security requirements - of the Department. - (iii) Training of employees, including - payment of those employees for completing that - training, with respect to-- + consistency with the security requirements of + the Department of Veterans Affairs. + (iii) Training of site attendants, + including payment of those attendants for + completing that training, with respect to-- (I) military and veteran cultural competence, if the entity is not an - organization that represents veterans; - and + organization that represents veterans; (II) equipment required to provide - telehealth services. + telehealth services; + (III) privacy, including the Health + Insurance Portability and + Accountability Act of 1996 privacy rule + under part 160 and subparts A and E of + part 164 of title 45, Code of Federal + Regulations, or successor regulations, + as it relates to health care for + veterans; + (IV) scheduling for telehealth + services for veterans; or + (V) any other unique training needs + for the provision of telehealth + services to veterans. (iv) Upgrading existing infrastructure owned or leased by the entity to make rooms more conducive to telehealth care, including-- - (I) additional walls to create a - new, private room; - (II) soundproofing of existing - rooms; or - (III) new electrical or internet - outlets in an existing room. + (I) additions or modifications to + windows or walls in an existing room, + or other alterations as needed to + create a new, private room, including + permits or inspections required in + association with space modifications; + (II) soundproofing of an existing + room; + (III) new electrical, telephone, or + internet outlets in an existing room; + or + (IV) aesthetic enhancements to + establish a more suitable therapeutic + environment. (v) Upgrading existing infrastructure to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). - (vi) Upgrading internet infrastructure. + (vi) Upgrading internet infrastructure and + sustainment of internet services. + (vii) Sustainment of telephone services. (B) Exclusion.--Grants may not be used for the purchase of new property or for major construction projects, as determined by the Secretary. - (d) Memoranda of Understanding or Agreement on Telehealth Access -Points.-- + (c) Agreement on Telehealth Access Points.-- (1) In general.--An entity described in subsection (a) that seeks to establish a telehealth access point for veterans but does not require grant funding under this section to do so may - enter into a memorandum of understanding or memorandum of - agreement with the Department for the establishment of such an - access point. - (2) Inspection.--The Secretary shall inspect the access - point proposed to be established under paragraph (1) to ensure - that it is adequately private, secure, and accessible for + enter into an agreement with the Department for the + establishment of such an access point. + (2) Adequacy of facilities.--An entity described in + paragraph (1) shall be responsible for ensuring that any access + point is adequately private, secure, clean, and accessible for veterans before the access point is established. - (e) Assessment of Barriers to Access.-- + (d) Assessment of Barriers to Access.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall complete an assessment of barriers faced by veterans in accessing - telehealth services from home. + telehealth services. (2) Elements.--The assessment required by paragraph (1) shall include the following: - (A) An assessment of current and potential future - cost barriers to veterans having internet access at - home. - (B) An assessment of current and potential future - barriers to veterans accessing broadband services at - home. - (C) A description of how the Department plans to - address the current and potential future cost and - access barriers described in subparagraphs (A) and (B). - (D) Such other matters related to internet access - for veterans in their homes as the Secretary considers - relevant. + (A) A description of the barriers veterans face in + using telehealth while not on property of the + Department. + (B) A description of how the Department plans to + address the barriers described in subparagraph (A). + (C) Such other matters related to access by + veterans to telehealth while not on property of the + Department as the Secretary considers relevant. (3) Report.--Not later than 120 days after the completion of the assessment required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the @@ -2394,83 +2950,245 @@ Points.-- Representatives a report on the assessment, including any recommendations for legislative or administrative action based on the results of the assessment. - (f) Authorization of Appropriations.--There is authorized to be -appropriated to the Secretary of Veterans Affairs $10,000,000 to carry -out this section. - -SEC. 602. IMPLEMENTATION OF NATIONAL PROTOCOL FOR TELEHEALTH SECURITY - AND INTERFACING INSTRUCTIONS. - - (a) National Telehealth Security Protocol.-- - (1) Assessment.-- - (A) In general.--The Secretary of Veterans Affairs, - in consultation with industry experts, the Chairman of - the Federal Trade Commission, the Assistant Secretary - of Veterans Affairs for Information and Technology and - Chief Information Officer, and stakeholders, shall - conduct an assessment of current telehealth security - protocols. - (B) Elements.--The assessment conducted under - subparagraph (A) shall include the following: - (i) An assessment of current telehealth - security protocols, including protocols used - by-- - (I) the Department of Veterans - Affairs; - (II) other Federal agencies; - (III) other health care providers; - and - (IV) such other organizations as - the Secretary considers necessary to - assess under such subparagraph. - (ii) A study of any current or future - security risks-- - (I) faced by veterans using - telehealth services; or - (II) faced by the Department in - furnishing those services. - (C) Timeline.--The Secretary shall complete the - assessment conducted under subparagraph (A) not later - than one year after the date of the enactment of this - Act. - (2) Implementation.--Not later than 18 months after the - completion of the assessment under paragraph (1), the Secretary - shall, using guidance from the assessment, fully implement a - standardized telehealth security protocol at all facilities of - the Department. - (3) Privacy and security.--The Secretary shall ensure that - the security protocol implemented under this subsection - protects the privacy and security of veterans, the health data - of veterans, and data from the Department. - (b) National Telehealth Interfacing Instructions.-- - (1) Assessment.-- - (A) In general.--The Secretary of Veterans Affairs, - in consultation with industry experts, organizations - that represent veterans, the Chief Veterans Experience - Officer, the Assistant Secretary of Veterans Affairs - for Information and Technology and Chief Information - Officer, and stakeholders, shall conduct an assessment - of current telehealth interfacing instructions. - (B) Elements.--The assessment conducted under - subparagraph (A) shall include an assessment of - interfacing instructions used by-- - (i) the Department of Veterans Affairs; - (ii) other Federal agencies; - (iii) other health care providers; and - (iv) such other organizations as the - Secretary considers necessary to assess under - such subparagraph. - (C) Timeline.--The Secretary shall complete the - assessment conducted under subparagraph (A) not later - than one year after the date of the enactment of this - Act. - (2) Implementation.--Not later than 18 months after the - completion of the assessment under paragraph (1), the Secretary - shall, using guidance from the assessment, fully implement - standardized telehealth interfacing instructions at all - facilities of the Department. - (3) Navigation.--The Secretary shall ensure that the - telehealth interfacing instructions implemented under this - subsection are those that are easiest to navigate for veterans - and health care providers. - \ No newline at end of file + +SEC. 702. PARTNERSHIPS WITH NON-FEDERAL GOVERNMENT ENTITIES TO PROVIDE + HYPERBARIC OXYGEN THERAPY TO VETERANS AND STUDIES ON THE + USE OF SUCH THERAPY FOR TREATMENT OF POST-TRAUMATIC + STRESS DISORDER AND TRAUMATIC BRAIN INJURY. + + (a) Partnerships to Provide Hyperbaric Oxygen Therapy to +Veterans.-- + (1) Use of partnerships.--The Secretary of Veterans + Affairs, in consultation with the Center for Compassionate + Innovation within the Office of Community Engagement of the + Department of Veterans Affairs, may enter into partnerships + with non-Federal Government entities to provide hyperbaric + oxygen treatment to veterans to research the effectiveness of + such therapy. + (2) Types of partnerships.--Partnerships entered into under + paragraph (1) may include the following: + (A) Partnerships to conduct research on hyperbaric + oxygen therapy. + (B) Partnerships to review research on hyperbaric + oxygen therapy provided to nonveterans. + (C) Partnerships to create industry working groups + to determine standards for research on hyperbaric + oxygen therapy. + (D) Partnerships to provide to veterans hyperbaric + oxygen therapy for the purposes of conducting research + on the effectiveness of such therapy. + (3) Limitation on federal funding.--Federal Government + funding may be used to coordinate and administer the + partnerships under this subsection but may not be used to carry + out activities conducted under such partnerships. + (b) Review of Effectiveness of Hyperbaric Oxygen Therapy.--Not +later than 90 days after the date of the enactment of this Act, the +Secretary, in consultation with the Center for Compassionate +Innovation, shall begin using an objective and quantifiable method to +review the effectiveness and applicability of hyperbaric oxygen +therapy, such as through the use of a device approved or cleared by the +Food and Drug Administration that assesses traumatic brain injury by +tracking eye movement. + (c) Systematic Review of Use of Hyperbaric Oxygen Therapy to Treat +Certain Conditions.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary, in consultation with + the Center for Compassionate Innovation, shall commence the + conduct of a systematic review of published research literature + on off-label use of hyperbaric oxygen therapy to treat post- + traumatic stress disorder and traumatic brain injury among + veterans and nonveterans. + (2) Elements.--The review conducted under paragraph (1) + shall include the following: + (A) An assessment of the current parameters for + research on the use by the Department of Veterans + Affairs of hyperbaric oxygen therapy, including-- + (i) tests and questionnaires used to + determine the efficacy of such therapy; and + (ii) metrics for determining the success of + such therapy. + (B) A comparative analysis of tests and + questionnaires used to study post-traumatic stress + disorder and traumatic brain injury in other research + conducted by the Department of Veterans Affairs, other + Federal agencies, and entities outside the Federal + Government. + (3) Completion of review.--The review conducted under + paragraph (1) shall be completed not later than 180 days after + the date of the commencement of the review. + (4) Report.--Not later than 90 days after the completion of + the review conducted under paragraph (1), the Secretary shall + submit to the Committee on Veterans' Affairs of the Senate and + the Committee on Veterans' Affairs of the House of + Representatives a report on the results of the review. + (d) Follow-up Study.-- + (1) In general.--Not later than 120 days after the + completion of the review conducted under subsection (c), the + Secretary, in consultation with the Center for Compassionate + Innovation, shall commence the conduct of a study on all + individuals receiving hyperbaric oxygen therapy through the + current pilot program of the Department for the provision of + hyperbaric oxygen therapy to veterans to determine the efficacy + and effectiveness of hyperbaric oxygen therapy for the + treatment of post-traumatic stress disorder and traumatic brain + injury. + (2) Elements.--The study conducted under paragraph (1) + shall include the review and publication of any data and + conclusions resulting from research conducted by an authorized + provider of hyperbaric oxygen therapy for veterans through the + pilot program described in such paragraph. + (3) Completion of study.--The study conducted under + paragraph (1) shall be completed not later than three years + after the date of the commencement of the study. + (4) Report.-- + (A) In general.--Not later than 90 days after + completing the study conducted under paragraph (1), the + Secretary shall submit to the Committee on Veterans' + Affairs of the Senate and the Committee on Veterans' + Affairs of the House of Representatives a report on the + results of the study. + (B) Elements.--The report required under + subparagraph (A) shall include the recommendation of + the Secretary with respect to whether or not hyperbaric + oxygen therapy should be made available to all veterans + with traumatic brain injury or post-traumatic stress + disorder. + +SEC. 703. PRESCRIPTION OF TECHNICAL QUALIFICATIONS FOR LICENSED HEARING + AID SPECIALISTS AND REQUIREMENT FOR APPOINTMENT OF SUCH + SPECIALISTS. + + (a) Technical Qualifications.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Veterans Affairs + shall prescribe the technical qualifications required under + section 7402(b)(14) of title 38, United States Code, to be + appointed as a licensed hearing aid specialist under section + 7401(3) of such title. + (2) Elements for qualifications.--In prescribing the + qualifications for licensed hearing aid specialists under + paragraph (1), the Secretary shall, at a minimum, ensure that + such qualifications are consistent with-- + (A) the standards for licensure of hearing aid + specialists that are required by a majority of States; + (B) any competencies needed to perform tasks and + services commonly performed by hearing aid specialists + pursuant to such standards; and + (C) any competencies needed to perform tasks + specific to providing care to individuals under the + laws administered by the Secretary. + (b) Authority to Set and Maintain Duties.--The Secretary shall +retain the authority to set and maintain the duties for licensed +hearing aid specialists appointed under section 7401(3) of title 38, +United States Code, for the purposes of the employment of such +specialists with the Department of Veterans Affairs. + (c) Appointment.--Not later than September 30, 2022, the Secretary +shall appoint not fewer than one licensed hearing aid specialist at +each medical center of the Department. + (d) Report.--Not later than September 30, 2022, and annually +thereafter, the Secretary shall submit to the Committee on Veterans' +Affairs of the Senate and the Committee on Veterans' Affairs of the +House of Representatives a report-- + (1) assessing the progress of the Secretary in appointing + licensed hearing aid specialists under subsection (c); + (2) assessing potential conflicts or obstacles that prevent + the appointment of licensed hearing aid specialists; + (3) assessing the factors that led to such conflicts or + obstacles; + (4) assessing access of patients to comprehensive hearing + health care services from the Department consistent with the + requirements under section 4(b) of the Veterans Mobility Safety + Act of 2016 (Public Law 114-256; 38 U.S.C. 7401 note), + including an assessment of the impact of infrastructure and + equipment limitations on wait times for audiologic care; and + (5) indicating the medical centers of the Department with + vacancies for audiologists or licensed hearing aid specialists. + +SEC. 704. USE BY DEPARTMENT OF VETERANS AFFAIRS OF COMMERCIAL + INSTITUTIONAL REVIEW BOARDS IN SPONSORED RESEARCH TRIALS. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall complete +all necessary policy revisions within the directive of the Veterans +Health Administration numbered 1200.05 and titled ``Requirements for +the Protection of Human Subjects in Research'', to allow sponsored +clinical research of the Department of Veterans Affairs to use +accredited commercial institutional review boards to review research +proposal protocols of the Department. + (b) Identification of Review Boards.--Not later than 90 days after +the completion of the policy revisions under subsection (a), the +Secretary shall-- + (1) identify accredited commercial institutional review + boards for use in connection with sponsored clinical research + of the Department; and + (2) establish a process to modify existing approvals in the + event that a commercial institutional review board loses its + accreditation during an ongoing clinical trial. + (c) Report.-- + (1) In general.--Not later than 90 days after the + completion of the policy revisions under subsection (a), and + annually thereafter, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report + on all approvals of institutional review boards used by the + Department, including central institutional review boards and + commercial institutional review boards. + (2) Elements.--The report required by paragraph (1) shall + include, at a minimum, the following: + (A) The name of each clinical trial with respect to + which the use of an institutional review board has been + approved. + (B) The institutional review board or institutional + review boards used in the approval process for each + clinical trial. + (C) The amount of time between submission and + approval. + +SEC. 705. CREATION OF OFFICE OF RESEARCH REVIEWS WITHIN THE OFFICE OF + INFORMATION AND TECHNOLOGY OF THE DEPARTMENT OF VETERANS + AFFAIRS. + + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall +establish within the Office of Information and Technology of the +Department of Veterans Affairs an Office of Research Reviews (in this +section referred to as the ``Office''). + (b) Elements.--The Office shall do the following: + (1) Perform centralized security reviews and complete + security processes for approved research sponsored outside the + Department, with a focus on multi-site clinical trials. + (2) Develop and maintain a list of commercially available + software preferred for use in sponsored clinical trials of the + Department and ensure such list is maintained as part of the + official approved software products list of the Department. + (3) Develop benchmarks for appropriate timelines for + security reviews conducted by the Office. + (c) Report.-- + (1) In general.--Not later than one year after the + establishment of the Office, the Office shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report + on the activity of the Office. + (2) Elements.--The report required by paragraph (1) shall + include, at a minimum, the following: + (A) The number of security reviews completed. + (B) The number of personnel assigned for performing + the functions described in subsection (b). + + Passed the Senate August 5, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 785 + +_______________________________________________________________________ + + AN ACT + + To improve mental health care provided by the Department of Veterans + Affairs, and for other purposes. From 4fcfcca13d1e171e22d595abc5d29160bfbcb1c3 Mon Sep 17 00:00:00 2001 From: "Sen. Tester, Jon [D-MT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 756/984] Senate-785: Enrolled --- bills_text/Senate-785.txt | 4938 +++++++++++++++++-------------------- 1 file changed, 2316 insertions(+), 2622 deletions(-) diff --git a/bills_text/Senate-785.txt b/bills_text/Senate-785.txt index d9565e4..2b01995 100644 --- a/bills_text/Senate-785.txt +++ b/bills_text/Senate-785.txt @@ -1,277 +1,260 @@ -116th CONGRESS - 2d Session - S. 785 + S.785 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To improve mental health care provided by the Department of Veterans + To improve mental health care provided by the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. - TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM + + TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS Sec. 101. Strategic plan on expansion of health care coverage for - veterans transitioning from service in the - Armed Forces. + veterans transitioning from service in the Armed Forces. Sec. 102. Review of records of former members of the Armed Forces who - die by suicide within one year of - separation from the Armed Forces. -Sec. 103. Report on REACH VET program of Department of Veterans - Affairs. + die by suicide within one year of separation from the Armed + Forces. +Sec. 103. Report on REACH VET program of Department of Veterans Affairs. Sec. 104. Report on care for former members of the Armed Forces with - other than honorable discharge. + other than honorable discharge. + TITLE II--SUICIDE PREVENTION Sec. 201. Financial assistance to certain entities to provide or - coordinate the provision of suicide - prevention services for eligible - individuals and their families. + coordinate the provision of suicide prevention services for + eligible individuals and their families. Sec. 202. Analysis on feasibility and advisability of the Department of - Veterans Affairs providing certain - complementary and integrative health - services. + Veterans Affairs providing certain complementary and + integrative health services. Sec. 203. Pilot program to provide veterans access to complementary and - integrative health programs through animal - therapy, agritherapy, sports and recreation - therapy, art therapy, and posttraumatic - growth programs. -Sec. 204. Department of Veterans Affairs study of all-cause mortality - of veterans, including by suicide, and - review of staffing levels of mental health - professionals. + integrative health programs through animal therapy, + agritherapy, sports and recreation therapy, art therapy, and + posttraumatic growth programs. +Sec. 204. Department of Veterans Affairs study of all-cause mortality of + veterans, including by suicide, and review of staffing levels + of mental health professionals. Sec. 205. Comptroller General report on management by Department of - Veterans Affairs of veterans at high risk - for suicide. - TITLE III--PROGRAMS, STUDIES, AND GUIDELINES ON MENTAL HEALTH + Veterans Affairs of veterans at high risk for suicide. + + TITLE III--PROGRAMS, STUDIES, AND GUIDELINES ON MENTAL HEALTH Sec. 301. Study on connection between living at high altitude and - suicide risk factors among veterans. -Sec. 302. Establishment by Department of Veterans Affairs and - Department of Defense of a clinical - provider treatment toolkit and accompanying - training materials for comorbidities. + suicide risk factors among veterans. +Sec. 302. Establishment by Department of Veterans Affairs and Department + of Defense of a clinical provider treatment toolkit and + accompanying training materials for comorbidities. Sec. 303. Update of clinical practice guidelines for assessment and - management of patients at risk for suicide. -Sec. 304. Establishment by Department of Veterans Affairs and - Department of Defense of clinical practice - guidelines for the treatment of serious - mental illness. + management of patients at risk for suicide. +Sec. 304. Establishment by Department of Veterans Affairs and Department + of Defense of clinical practice guidelines for the treatment + of serious mental illness. Sec. 305. Precision medicine initiative of Department of Veterans - Affairs to identify and validate brain and - mental health biomarkers. + Affairs to identify and validate brain and mental health + biomarkers. Sec. 306. Statistical analyses and data evaluation by Department of - Veterans Affairs. + Veterans Affairs. + TITLE IV--OVERSIGHT OF MENTAL HEALTH CARE AND RELATED SERVICES -Sec. 401. Study on effectiveness of suicide prevention and mental - health outreach programs of Department of - Veterans Affairs. +Sec. 401. Study on effectiveness of suicide prevention and mental health + outreach programs of Department of Veterans Affairs. Sec. 402. Oversight of mental health and suicide prevention media - outreach conducted by Department of - Veterans Affairs. + outreach conducted by Department of Veterans Affairs. Sec. 403. Comptroller General management review of mental health and - suicide prevention services of Department - of Veterans Affairs. + suicide prevention services of Department of Veterans Affairs. Sec. 404. Comptroller General report on efforts of Department of - Veterans Affairs to integrate mental health - care into primary care clinics. -Sec. 405. Joint mental health programs by Department of Veterans - Affairs and Department of Defense. - TITLE V--IMPROVEMENT OF MENTAL HEALTH MEDICAL WORKFORCE + Veterans Affairs to integrate mental health care into primary + care clinics. +Sec. 405. Joint mental health programs by Department of Veterans Affairs + and Department of Defense. + + TITLE V--IMPROVEMENT OF MENTAL HEALTH MEDICAL WORKFORCE Sec. 501. Staffing improvement plan for mental health providers of - Department of Veterans Affairs. + Department of Veterans Affairs. Sec. 502. Establishment of Department of Veterans Affairs Readjustment - Counseling Service Scholarship Program. + Counseling Service Scholarship Program. Sec. 503. Comptroller General report on Readjustment Counseling Service - of Department of Veterans Affairs. -Sec. 504. Expansion of reporting requirements on Readjustment - Counseling Service of Department of - Veterans Affairs. + of Department of Veterans Affairs. +Sec. 504. Expansion of reporting requirements on Readjustment Counseling + Service of Department of Veterans Affairs. Sec. 505. Briefing on alternative work schedules for employees of - Veterans Health Administration. + Veterans Health Administration. Sec. 506. Suicide prevention coordinators. Sec. 507. Report on efforts by Department of Veterans Affairs to - implement safety planning in emergency - departments. - TITLE VI--IMPROVEMENT OF CARE AND SERVICES FOR WOMEN VETERANS + implement safety planning in emergency departments. + + TITLE VI--IMPROVEMENT OF CARE AND SERVICES FOR WOMEN VETERANS Sec. 601. Expansion of capabilities of Women Veterans Call Center to - include text messaging. + include text messaging. Sec. 602. Requirement for Department of Veterans Affairs internet - website to provide information on services - available to women veterans. + website to provide information on services available to women + veterans. + TITLE VII--OTHER MATTERS Sec. 701. Expanded telehealth from Department of Veterans Affairs. Sec. 702. Partnerships with non-Federal Government entities to provide - hyperbaric oxygen therapy to veterans and - studies on the use of such therapy for - treatment of post-traumatic stress disorder - and traumatic brain injury. + hyperbaric oxygen therapy to veterans and studies on the use + of such therapy for treatment of post-traumatic stress + disorder and traumatic brain injury. Sec. 703. Prescription of technical qualifications for licensed hearing - aid specialists and requirement for - appointment of such specialists. + aid specialists and requirement for appointment of such + specialists. Sec. 704. Use by Department of Veterans Affairs of commercial - institutional review boards in sponsored - research trials. + institutional review boards in sponsored research trials. Sec. 705. Creation of Office of Research Reviews within the Office of - Information and Technology of the - Department of Veterans Affairs. + Information and Technology of the Department of Veterans + Affairs. TITLE I--IMPROVEMENT OF TRANSITION OF INDIVIDUALS TO SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS -SEC. 101. STRATEGIC PLAN ON EXPANSION OF HEALTH CARE COVERAGE FOR - VETERANS TRANSITIONING FROM SERVICE IN THE ARMED FORCES. - + SEC. 101. STRATEGIC PLAN ON EXPANSION OF HEALTH CARE COVERAGE FOR + VETERANS TRANSITIONING FROM SERVICE IN THE ARMED FORCES. (a) Strategic Plan.-- - (1) In general.--Not later than one year after the date of - the enactment of this Act, the Secretary of Veterans Affairs, - in consultation with the Secretary of Defense, shall submit to - the appropriate committees of Congress and publish on a website - of the Department of Veterans Affairs a strategic plan for the - provision by the Department of health care to any veteran - during the one-year period following the discharge or release - of the veteran from active military, naval, or air service. - (2) Elements.--The plan submitted under paragraph (1) shall - include the following: - (A) An identification of general goals and - objectives for the provision of health care to veterans - described in such paragraph. - (B) A description of how such goals and objectives - are to be achieved, including-- - (i) a description of the use of existing - personnel, information, technology, facilities, - public and private partnerships, and other - resources of the Department of Veterans - Affairs; - (ii) a description of the anticipated need - for additional resources for the Department; - and - (iii) an assessment of cost. - (C) An analysis of the anticipated health care - needs, including mental health care, for such veterans, - disaggregated by geographic area. - (D) An analysis of whether such veterans are - eligible for enrollment in the system of annual patient - enrollment of the Department under section 1705(a) of - title 38, United States Code. - (E) A description of activities designed to promote - the availability of health care from the Department for - such veterans, including outreach to members of the - Armed Forces though the Transition Assistance Program - under sections 1142 and 1144 of title 10, United States - Code. - (F) A description of legislative or administrative - action required to carry out the plan. - (G) A description of how the plan would further the - ongoing initiatives under Executive Order 13822 (83 - Fed. Reg. 1513; relating to supporting our veterans - during their transition from uniformed service to - civilian life) to provide seamless access to high- - quality mental health care and suicide prevention - resources to veterans as they transition, with an - emphasis on the one-year period following separation. - (b) Definitions.--In this section: - (1) Active military, naval, or air service.--The term - ``active military, naval, or air service'' has the meaning - given that term in section 101(24) of title 38, United States + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary of Veterans Affairs, in + consultation with the Secretary of Defense, shall submit to the + appropriate committees of Congress and publish on a website of the + Department of Veterans Affairs a strategic plan for the provision + by the Department of health care to any veteran during the one-year + period following the discharge or release of the veteran from + active military, naval, or air service. + (2) Elements.--The plan submitted under paragraph (1) shall + include the following: + (A) An identification of general goals and objectives for + the provision of health care to veterans described in such + paragraph. + (B) A description of how such goals and objectives are to + be achieved, including-- + (i) a description of the use of existing personnel, + information, technology, facilities, public and private + partnerships, and other resources of the Department of + Veterans Affairs; + (ii) a description of the anticipated need for + additional resources for the Department; and + (iii) an assessment of cost. + (C) An analysis of the anticipated health care needs, + including mental health care, for such veterans, disaggregated + by geographic area. + (D) An analysis of whether such veterans are eligible for + enrollment in the system of annual patient enrollment of the + Department under section 1705(a) of title 38, United States Code. - (2) Appropriate committees of congress.--The term - ``appropriate committees of Congress'' means-- - (A) the Committee on Veterans' Affairs and the - Committee on Appropriations of the Senate; and - (B) the Committee on Veterans' Affairs and the - Committee on Appropriations of the House of - Representatives. - -SEC. 102. REVIEW OF RECORDS OF FORMER MEMBERS OF THE ARMED FORCES WHO - DIE BY SUICIDE WITHIN ONE YEAR OF SEPARATION FROM THE - ARMED FORCES. - + (E) A description of activities designed to promote the + availability of health care from the Department for such + veterans, including outreach to members of the Armed Forces + though the Transition Assistance Program under sections 1142 + and 1144 of title 10, United States Code. + (F) A description of legislative or administrative action + required to carry out the plan. + (G) A description of how the plan would further the ongoing + initiatives under Executive Order 13822 (83 Fed. Reg. 1513; + relating to supporting our veterans during their transition + from uniformed service to civilian life) to provide seamless + access to high-quality mental health care and suicide + prevention resources to veterans as they transition, with an + emphasis on the one-year period following separation. + (b) Definitions.--In this section: + (1) Active military, naval, or air service.--The term ``active + military, naval, or air service'' has the meaning given that term + in section 101(24) of title 38, United States Code. + (2) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the Committee on Veterans' Affairs and the Committee on + Appropriations of the Senate; and + (B) the Committee on Veterans' Affairs and the Committee on + Appropriations of the House of Representatives. + SEC. 102. REVIEW OF RECORDS OF FORMER MEMBERS OF THE ARMED FORCES + WHO DIE BY SUICIDE WITHIN ONE YEAR OF SEPARATION FROM THE ARMED + FORCES. (a) Review.-- - (1) In general.--The Secretary of Defense and the Secretary - of Veterans Affairs shall jointly review the records of each - former member of the Armed Forces who died by suicide, as - determined by the Secretary of Defense or the Secretary of - Veterans Affairs, within one year following the discharge or - release of the former member from active military, naval, or - air service during the five-year period preceding the date of - the enactment of this Act. - (2) Records to be reviewed.--In completing the review - required under paragraph (1), the Secretary of Defense and the - Secretary of Veterans Affairs shall review the following - records maintained by the Department of Defense: - (A) Health treatment records. - (B) Fitness, medical, and dental records. - (C) Ancillary training records. - (D) Safety forms and additional duties sections of - the personnel information files. + (1) In general.--The Secretary of Defense and the Secretary of + Veterans Affairs shall jointly review the records of each former + member of the Armed Forces who died by suicide, as determined by + the Secretary of Defense or the Secretary of Veterans Affairs, + within one year following the discharge or release of the former + member from active military, naval, or air service during the five- + year period preceding the date of the enactment of this Act. + (2) Records to be reviewed.--In completing the review required + under paragraph (1), the Secretary of Defense and the Secretary of + Veterans Affairs shall review the following records maintained by + the Department of Defense: + (A) Health treatment records. + (B) Fitness, medical, and dental records. + (C) Ancillary training records. + (D) Safety forms and additional duties sections of the + personnel information files. (b) Elements.--The review required by subsection (a) with respect to a former member of the Armed Forces shall include consideration of the following: - (1) Whether the Department of Defense had identified the - former member as being at elevated risk during the 365-day - period before separation of the member from the Armed Forces. - (2) In the case that the member was identified as being at - elevated risk as described in paragraph (1), whether that - identification had been communicated to the Department of - Veterans Affairs via the Solid Start initiative of the - Department pursuant to Executive Order 13822 (83 Fed. Reg. - 1513; relating to supporting our veterans during their - transition from uniformed service to civilian life), or any - other means. - (3) The presence of evidence-based and empirically- - supported contextual and individual risk factors specified in - subsection (c) with respect to the former member and how those - risk factors correlated to the circumstances of the death of - the former member. - (4) Demographic variables, including the following: - (A) Sex. - (B) Age. - (C) Rank at separation from the Armed Forces. - (D) Career field after separation from the Armed - Forces. - (E) State and county of residence one month prior - to death. - (F) Branch of service in the Armed Forces. - (G) Marital status. - (H) Reason for separation from the Armed Forces. - (5) Support or medical services furnished to the former - member through the Department of Defense, specified by the type - of service or care provided. - (6) Support or medical services furnished to the former - member through the Department of Veterans Affairs, specified by - the type of service or care provided. + (1) Whether the Department of Defense had identified the former + member as being at elevated risk during the 365-day period before + separation of the member from the Armed Forces. + (2) In the case that the member was identified as being at + elevated risk as described in paragraph (1), whether that + identification had been communicated to the Department of Veterans + Affairs via the Solid Start initiative of the Department pursuant + to Executive Order 13822 (83 Fed. Reg. 1513; relating to supporting + our veterans during their transition from uniformed service to + civilian life), or any other means. + (3) The presence of evidence-based and empirically-supported + contextual and individual risk factors specified in subsection (c) + with respect to the former member and how those risk factors + correlated to the circumstances of the death of the former member. + (4) Demographic variables, including the following: + (A) Sex. + (B) Age. + (C) Rank at separation from the Armed Forces. + (D) Career field after separation from the Armed Forces. + (E) State and county of residence one month prior to death. + (F) Branch of service in the Armed Forces. + (G) Marital status. + (H) Reason for separation from the Armed Forces. + (5) Support or medical services furnished to the former member + through the Department of Defense, specified by the type of service + or care provided. + (6) Support or medical services furnished to the former member + through the Department of Veterans Affairs, specified by the type + of service or care provided. (c) Evidence-based and Empirically-supported Contextual and Individual Risk Factors.--Evidence-based and empirically-supported contextual and individual risk factors specified in this subsection include the following: - (1) Exposure to violence. - (2) Exposure to suicide. - (3) Housing instability. - (4) Financial instability. - (5) Vocational problems or insecurity. - (6) Legal problems. - (7) Highly acute or significantly chronic relational - problems. - (8) Limited access to health care. + (1) Exposure to violence. + (2) Exposure to suicide. + (3) Housing instability. + (4) Financial instability. + (5) Vocational problems or insecurity. + (6) Legal problems. + (7) Highly acute or significantly chronic relational problems. + (8) Limited access to health care. (d) Report.--Not later than three years after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of @@ -279,21 +262,17 @@ Congress an aggregated report on the results of the review conducted under subsection (a) with respect to the year-one cohort of former members of the Armed Forces covered by the review. (e) Definitions.--In this section: - (1) Active military, naval, or air service.--The term - ``active military, naval, or air service'' has the meaning - given that term in section 101(24) of title 38, United States - Code. - (2) Appropriate committees of congress defined.--The term - ``appropriate committees of Congress'' means-- - (A) the Committee on Armed Services and the - Committee on Veterans' Affairs of the Senate; and - (B) the Committee on Armed Services and the - Committee on Veterans' Affairs of the House of - Representatives. - -SEC. 103. REPORT ON REACH VET PROGRAM OF DEPARTMENT OF VETERANS - AFFAIRS. - + (1) Active military, naval, or air service.--The term ``active + military, naval, or air service'' has the meaning given that term + in section 101(24) of title 38, United States Code. + (2) Appropriate committees of congress defined.--The term + ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services and the Committee on + Veterans' Affairs of the Senate; and + (B) the Committee on Armed Services and the Committee on + Veterans' Affairs of the House of Representatives. + SEC. 103. REPORT ON REACH VET PROGRAM OF DEPARTMENT OF VETERANS + AFFAIRS. (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 the Committee on Veterans' Affairs of the Senate and the Committee @@ -301,65 +280,61 @@ on Veterans' Affairs of the House of Representatives a report on the REACH VET program. (b) Elements.--The report required by subsection (a) shall include the following: - (1) An assessment of the impact of the REACH VET program on - rates of suicide among veterans. - (2) An assessment of how limits within the REACH VET - program, such as caps on the number of veterans who may be - flagged as high risk, are adjusted for differing rates of - suicide across the country. - (3) A detailed explanation, with evidence, for why the - conditions included in the model used by the REACH VET program - were chosen, including an explanation as to why certain - conditions, such as bipolar disorder II, were not included even - though they show a similar rate of risk for suicide as other - conditions that were included. - (4) An assessment of the feasibility of incorporating - certain economic data held by the Veterans Benefits - Administration into the model used by the REACH VET program, - including financial data and employment status, which research - indicates may have an impact on risk for suicide. + (1) An assessment of the impact of the REACH VET program on + rates of suicide among veterans. + (2) An assessment of how limits within the REACH VET program, + such as caps on the number of veterans who may be flagged as high + risk, are adjusted for differing rates of suicide across the + country. + (3) A detailed explanation, with evidence, for why the + conditions included in the model used by the REACH VET program were + chosen, including an explanation as to why certain conditions, such + as bipolar disorder II, were not included even though they show a + similar rate of risk for suicide as other conditions that were + included. + (4) An assessment of the feasibility of incorporating certain + economic data held by the Veterans Benefits Administration into the + model used by the REACH VET program, including financial data and + employment status, which research indicates may have an impact on + risk for suicide. (c) REACH VET Program Defined.--In this section, the term ``REACH VET program'' means the Recovery Engagement and Coordination for Health--Veterans Enhanced Treatment program of the Department of Veterans Affairs. - -SEC. 104. REPORT ON CARE FOR FORMER MEMBERS OF THE ARMED FORCES WITH - OTHER THAN HONORABLE DISCHARGE. - + SEC. 104. REPORT ON CARE FOR FORMER MEMBERS OF THE ARMED FORCES + WITH OTHER THAN HONORABLE DISCHARGE. Section 1720I(f) of title 38, United States Code, is amended-- - (1) in paragraph (1) by striking ``Not less frequently than - once'' and inserting ``Not later than February 15''; and - (2) in paragraph (2)-- - (A) by redesignating subparagraph (C) as - subparagraph (F); and - (B) by inserting after subsection (B) the following - new subparagraphs: - ``(C) The types of mental or behavioral health care needs - treated under this section. - ``(D) The demographics of individuals being treated under - this section, including-- - ``(i) age; - ``(ii) era of service in the Armed Forces; - ``(iii) branch of service in the Armed Forces; and - ``(iv) geographic location. - ``(E) The average number of visits for an individual for - mental or behavioral health care under this section.''. + (1) in paragraph (1) by striking ``Not less frequently than + once'' and inserting ``Not later than February 15''; and + (2) in paragraph (2)-- + (A) by redesignating subparagraph (C) as subparagraph (F); + and + (B) by inserting after subsection (B) the following new + subparagraphs: + ``(C) The types of mental or behavioral health care needs + treated under this section. + ``(D) The demographics of individuals being treated under this + section, including-- + ``(i) age; + ``(ii) era of service in the Armed Forces; + ``(iii) branch of service in the Armed Forces; and + ``(iv) geographic location. + ``(E) The average number of visits for an individual for mental + or behavioral health care under this section.''. TITLE II--SUICIDE PREVENTION -SEC. 201. FINANCIAL ASSISTANCE TO CERTAIN ENTITIES TO PROVIDE OR - COORDINATE THE PROVISION OF SUICIDE PREVENTION SERVICES - FOR ELIGIBLE INDIVIDUALS AND THEIR FAMILIES. - + SEC. 201. FINANCIAL ASSISTANCE TO CERTAIN ENTITIES TO PROVIDE OR + COORDINATE THE PROVISION OF SUICIDE PREVENTION SERVICES FOR + ELIGIBLE INDIVIDUALS AND THEIR FAMILIES. (a) Purpose; Designation.-- - (1) Purpose.--The purpose of this section is to reduce - veteran suicide through a community-based grant program to - award grants to eligible entities to provide or coordinate - suicide prevention services to eligible individuals and their - families. - (2) Designation.--The grant program under this section - shall be known as the ``Staff Sergeant Parker Gordon Fox - Suicide Prevention Grant Program''. + (1) Purpose.--The purpose of this section is to reduce veteran + suicide through a community-based grant program to award grants to + eligible entities to provide or coordinate suicide prevention + services to eligible individuals and their families. + (2) Designation.--The grant program under this section shall be + known as the ``Staff Sergeant Parker Gordon Fox Suicide Prevention + Grant Program''. (b) Financial Assistance and Coordination.--The Secretary shall provide financial assistance to eligible entities approved under this section through the award of grants to such entities to provide or @@ -370,522 +345,469 @@ Veterans and End a National Tragedy of Suicide Task Force and in consultation with the Office of Mental Health and Suicide Prevention of the Department, to the extent practicable. (c) Award of Grants.-- - (1) In general.--The Secretary shall award a grant to each - eligible entity for which the Secretary has approved an - application under subsection (f) to provide or coordinate the - provision of suicide prevention services under this section. - (2) Grant amounts, intervals of payment, and matching - funds.--In accordance with the services being provided under a - grant under this section and the duration of those services, - the Secretary shall establish-- - (A) a maximum amount to be awarded under the grant - of not more than $750,000 per grantee per fiscal year; - and - (B) intervals of payment for the administration of - the grant. + (1) In general.--The Secretary shall award a grant to each + eligible entity for which the Secretary has approved an application + under subsection (f) to provide or coordinate the provision of + suicide prevention services under this section. + (2) Grant amounts, intervals of payment, and matching funds.-- + In accordance with the services being provided under a grant under + this section and the duration of those services, the Secretary + shall establish-- + (A) a maximum amount to be awarded under the grant of not + more than $750,000 per grantee per fiscal year; and + (B) intervals of payment for the administration of the + grant. (d) Distribution of Grants and Preference.-- - (1) Distribution.-- - (A) Priority.--In compliance with subparagraphs (B) - and (C), in determining how to distribute grants under - this section, the Secretary may prioritize-- - (i) rural communities; - (ii) Tribal lands; - (iii) territories of the United States; - (iv) medically underserved areas; - (v) areas with a high number or percentage - of minority veterans or women veterans; and - (vi) areas with a high number or percentage - of calls to the Veterans Crisis Line. - (B) Areas with need.--The Secretary shall ensure - that, to the extent practicable, grants under this - section are distributed-- - (i) to provide services in areas of the - United States that have experienced high rates - of suicide by eligible individuals, including - suicide attempts; and - (ii) to eligible entities that can assist - eligible individuals at risk of suicide who are - not currently receiving health care furnished - by the Department. - (C) Geography.--In distributing grants under this - paragraph, the Secretary may provide grants to eligible - entities that furnish services to eligible individuals - and their families in geographically dispersed areas. - (2) Preference.--The Secretary shall give preference to - eligible entities that have demonstrated the ability to provide - or coordinate suicide prevention services. + (1) Distribution.-- + (A) Priority.--In compliance with subparagraphs (B) and + (C), in determining how to distribute grants under this + section, the Secretary may prioritize-- + (i) rural communities; + (ii) Tribal lands; + (iii) territories of the United States; + (iv) medically underserved areas; + (v) areas with a high number or percentage of minority + veterans or women veterans; and + (vi) areas with a high number or percentage of calls to + the Veterans Crisis Line. + (B) Areas with need.--The Secretary shall ensure that, to + the extent practicable, grants under this section are + distributed-- + (i) to provide services in areas of the United States + that have experienced high rates of suicide by eligible + individuals, including suicide attempts; and + (ii) to eligible entities that can assist eligible + individuals at risk of suicide who are not currently + receiving health care furnished by the Department. + (C) Geography.--In distributing grants under this + paragraph, the Secretary may provide grants to eligible + entities that furnish services to eligible individuals and + their families in geographically dispersed areas. + (2) Preference.--The Secretary shall give preference to + eligible entities that have demonstrated the ability to provide or + coordinate suicide prevention services. (e) Requirements for Receipt of Grants.-- - (1) Notification that services are from department.--Each - entity receiving a grant under this section to provide or - coordinate suicide prevention services to eligible individuals - and their families shall notify the recipients of such services - that such services are being paid for, in whole or in part, by - the Department. - (2) Development of plan with eligible individuals and their - family.--Any plan developed with respect to the provision of - suicide prevention services for an eligible individual or their - family shall be developed in consultation with the eligible - individual and their family. - (3) Coordination.--An entity receiving a grant under this - section shall-- - (A) coordinate with the Secretary with respect to - the provision of clinical services to eligible - individuals in accordance with subsection (n) or any - other provisions of the law regarding the delivery of - health care by the Secretary; - (B) inform every veteran who receives assistance - under this section from the entity of the ability of - the veteran to apply for enrollment in the patient - enrollment system of the Department under section - 1705(a) of title 38, United States Code; and - (C) if such a veteran wishes to so enroll, inform - the veteran of a point of contact at the Department who - can assist the veteran in such enrollment. - (4) Measurement and monitoring.--An entity receiving a - grant under this section shall submit to the Secretary a - description of such tools and assessments the entity uses or - will use to determine the effectiveness of the services - furnished by the entity, which shall include the measures - developed under subsection (h)(2) and may include-- - (A) the effect of the services furnished by the - entity on the financial stability of the eligible - individual; - (B) the effect of the services furnished by the - entity on the mental health status, wellbeing, and - suicide risk of the eligible individual; and - (C) the effect of the services furnished by the - entity on the social support of the eligible - individuals receiving those services. - (5) Reports.--The Secretary-- - (A) shall require each entity receiving a grant - under this section to submit to the Secretary an annual - report that describes the projects carried out with - such grant during the year covered by the report; - (B) shall specify to each such entity the - evaluation criteria and data and information to be - submitted in such report; and - (C) may require each such entity to submit to the - Secretary such additional reports as the Secretary - considers appropriate. + (1) Notification that services are from department.--Each + entity receiving a grant under this section to provide or + coordinate suicide prevention services to eligible individuals and + their families shall notify the recipients of such services that + such services are being paid for, in whole or in part, by the + Department. + (2) Development of plan with eligible individuals and their + family.--Any plan developed with respect to the provision of + suicide prevention services for an eligible individual or their + family shall be developed in consultation with the eligible + individual and their family. + (3) Coordination.--An entity receiving a grant under this + section shall-- + (A) coordinate with the Secretary with respect to the + provision of clinical services to eligible individuals in + accordance with subsection (n) or any other provisions of the + law regarding the delivery of health care by the Secretary; + (B) inform every veteran who receives assistance under this + section from the entity of the ability of the veteran to apply + for enrollment in the patient enrollment system of the + Department under section 1705(a) of title 38, United States + Code; and + (C) if such a veteran wishes to so enroll, inform the + veteran of a point of contact at the Department who can assist + the veteran in such enrollment. + (4) Measurement and monitoring.--An entity receiving a grant + under this section shall submit to the Secretary a description of + such tools and assessments the entity uses or will use to determine + the effectiveness of the services furnished by the entity, which + shall include the measures developed under subsection (h)(2) and + may include-- + (A) the effect of the services furnished by the entity on + the financial stability of the eligible individual; + (B) the effect of the services furnished by the entity on + the mental health status, wellbeing, and suicide risk of the + eligible individual; and + (C) the effect of the services furnished by the entity on + the social support of the eligible individuals receiving those + services. + (5) Reports.--The Secretary-- + (A) shall require each entity receiving a grant under this + section to submit to the Secretary an annual report that + describes the projects carried out with such grant during the + year covered by the report; + (B) shall specify to each such entity the evaluation + criteria and data and information to be submitted in such + report; and + (C) may require each such entity to submit to the Secretary + such additional reports as the Secretary considers appropriate. (f) Application for Grants.-- - (1) In general.--An eligible entity seeking a grant under - this section shall submit to the Secretary an application - therefor in such form, in such manner, and containing such - commitments and information as the Secretary considers - necessary to carry out this section. - (2) Matters to be included.--Each application submitted by - an eligible entity under paragraph (1) shall contain the - following: - (A) A description of the suicide prevention - services proposed to be provided by the eligible entity - and the identified need for those services. - (B) A detailed plan describing how the eligible - entity proposes to coordinate or deliver suicide - prevention services to eligible individuals, - including-- - (i) an identification of the community - partners, if any, with which the eligible - entity proposes to work in delivering such - services; - (ii) a description of the arrangements - currently in place between the eligible entity - and such partners with regard to the provision - or coordination of suicide prevention services; - (iii) an identification of how long such - arrangements have been in place; - (iv) a description of the suicide - prevention services provided by such partners - that the eligible entity shall coordinate, if - any; and - (v) an identification of local suicide - prevention coordinators of the Department and a - description of how the eligible entity will - communicate with local suicide prevention - coordinators. - (C) A description of the population of eligible - individuals and their families proposed to be provided - suicide prevention services. - (D) Based on information and methods developed by - the Secretary for purposes of this subsection, an - estimate of the number of eligible individuals at risk - of suicide and their families proposed to be provided - suicide prevention services, including the percentage - of those eligible individuals who are not currently - receiving care furnished by the Department. - (E) Evidence of measurable outcomes related to - reductions in suicide risk and mood-related symptoms - utilizing validated instruments by the eligible entity - (and the proposed partners of the entity, if any) in - providing suicide prevention services to individuals at - risk of suicide, particularly to eligible individuals - and their families. - (F) A description of the managerial and - technological capacity of the eligible entity-- - (i) to coordinate the provision of suicide - prevention services with the provision of other - services; - (ii) to assess on an ongoing basis the - needs of eligible individuals and their - families for suicide prevention services; - (iii) to coordinate the provision of - suicide prevention services with the services - of the Department for which eligible - individuals are also eligible; - (iv) to tailor suicide prevention services - to the needs of eligible individuals and their - families; - (v) to seek continuously new sources of - assistance to ensure the continuity of suicide - prevention services for eligible individuals - and their families as long as they are - determined to be at risk of suicide; and - (vi) to measure the effects of suicide - prevention services provided by the eligible - entity or partner organization, in accordance - with subsection (h)(2), on the lives of - eligible individuals and their families who - receive such services provided by the - organization using pre- and post-evaluations on - validated measures of suicide risk and mood- - related symptoms. - (G) Clearly defined objectives for the provision of - suicide prevention services. - (H) A description and physical address of the - primary location of the eligible entity. - (I) A description of the geographic area the - eligible entity plans to serve during the grant award - period for which the application applies. - (J) If the eligible entity is a State or local - government or an Indian tribe, the amount of grant - funds proposed to be made available to community - partners, if any, through agreements. - (K) A description of how the eligible entity will - assess the effectiveness of the provision of grants - under this section. - (L) An agreement to use the measures and metrics - provided by the Department for the purposes of - measuring the effectiveness of the programming as - described in subsection (h)(2). - (M) Such additional application criteria as the - Secretary considers appropriate. + (1) In general.--An eligible entity seeking a grant under this + section shall submit to the Secretary an application therefor in + such form, in such manner, and containing such commitments and + information as the Secretary considers necessary to carry out this + section. + (2) Matters to be included.--Each application submitted by an + eligible entity under paragraph (1) shall contain the following: + (A) A description of the suicide prevention services + proposed to be provided by the eligible entity and the + identified need for those services. + (B) A detailed plan describing how the eligible entity + proposes to coordinate or deliver suicide prevention services + to eligible individuals, including-- + (i) an identification of the community partners, if + any, with which the eligible entity proposes to work in + delivering such services; + (ii) a description of the arrangements currently in + place between the eligible entity and such partners with + regard to the provision or coordination of suicide + prevention services; + (iii) an identification of how long such arrangements + have been in place; + (iv) a description of the suicide prevention services + provided by such partners that the eligible entity shall + coordinate, if any; and + (v) an identification of local suicide prevention + coordinators of the Department and a description of how the + eligible entity will communicate with local suicide + prevention coordinators. + (C) A description of the population of eligible individuals + and their families proposed to be provided suicide prevention + services. + (D) Based on information and methods developed by the + Secretary for purposes of this subsection, an estimate of the + number of eligible individuals at risk of suicide and their + families proposed to be provided suicide prevention services, + including the percentage of those eligible individuals who are + not currently receiving care furnished by the Department. + (E) Evidence of measurable outcomes related to reductions + in suicide risk and mood-related symptoms utilizing validated + instruments by the eligible entity (and the proposed partners + of the entity, if any) in providing suicide prevention services + to individuals at risk of suicide, particularly to eligible + individuals and their families. + (F) A description of the managerial and technological + capacity of the eligible entity-- + (i) to coordinate the provision of suicide prevention + services with the provision of other services; + (ii) to assess on an ongoing basis the needs of + eligible individuals and their families for suicide + prevention services; + (iii) to coordinate the provision of suicide prevention + services with the services of the Department for which + eligible individuals are also eligible; + (iv) to tailor suicide prevention services to the needs + of eligible individuals and their families; + (v) to seek continuously new sources of assistance to + ensure the continuity of suicide prevention services for + eligible individuals and their families as long as they are + determined to be at risk of suicide; and + (vi) to measure the effects of suicide prevention + services provided by the eligible entity or partner + organization, in accordance with subsection (h)(2), on the + lives of eligible individuals and their families who + receive such services provided by the organization using + pre- and post-evaluations on validated measures of suicide + risk and mood-related symptoms. + (G) Clearly defined objectives for the provision of suicide + prevention services. + (H) A description and physical address of the primary + location of the eligible entity. + (I) A description of the geographic area the eligible + entity plans to serve during the grant award period for which + the application applies. + (J) If the eligible entity is a State or local government + or an Indian tribe, the amount of grant funds proposed to be + made available to community partners, if any, through + agreements. + (K) A description of how the eligible entity will assess + the effectiveness of the provision of grants under this + section. + (L) An agreement to use the measures and metrics provided + by the Department for the purposes of measuring the + effectiveness of the programming as described in subsection + (h)(2). + (M) Such additional application criteria as the Secretary + considers appropriate. (g) Training and Technical Assistance.-- - (1) In general.--The Secretary shall provide training and - technical assistance, in coordination with the Centers for - Disease Control and Prevention, to eligible entities in receipt - of grants under this section regarding-- - (A) suicide risk identification and management; - (B) the data required to be collected and shared - with the Department; - (C) the means of data collection and sharing; - (D) familiarization with and appropriate use of any - tool to be used to measure the effectiveness of the use - of the grants provided; and - (E) the requirements for reporting under subsection - (e)(5) on services provided via such grants. - (2) Provision of training and technical assistance.--The - Secretary may provide the training and technical assistance - described in paragraph (1) directly or through grants or - contracts with appropriate public or nonprofit entities. + (1) In general.--The Secretary shall provide training and + technical assistance, in coordination with the Centers for Disease + Control and Prevention, to eligible entities in receipt of grants + under this section regarding-- + (A) suicide risk identification and management; + (B) the data required to be collected and shared with the + Department; + (C) the means of data collection and sharing; + (D) familiarization with and appropriate use of any tool to + be used to measure the effectiveness of the use of the grants + provided; and + (E) the requirements for reporting under subsection (e)(5) + on services provided via such grants. + (2) Provision of training and technical assistance.--The + Secretary may provide the training and technical assistance + described in paragraph (1) directly or through grants or contracts + with appropriate public or nonprofit entities. (h) Administration of Grant Program.-- - (1) Selection criteria.--The Secretary, in consultation - with entities specified in paragraph (3), shall establish - criteria for the selection of eligible entities that have - submitted applications under subsection (f). - (2) Development of measures and metrics.--The Secretary - shall develop, in consultation with entities specified in - paragraph (3), the following: - (A) A framework for collecting and sharing - information about entities in receipt of grants under - this section for purposes of improving the services - available for eligible individuals and their families, - set forth by service type, locality, and eligibility - criteria. - (B) The measures and metrics to be used by each - entity in receipt of grants under this section to - determine the effectiveness of the programming being - provided by such entity in improving mental health - status, wellbeing, and reducing suicide risk and - completed suicides of eligible individuals and their - families, which shall include an existing measurement - tool or protocol for the grant recipient to utilize - when determining programmatic effectiveness. - (3) Coordination.--In developing a plan for the design and - implementation of the provision of grants under this section, - including criteria for the award of grants, the Secretary shall - consult with the following: - (A) Veterans service organizations. - (B) National organizations representing potential - community partners of eligible entities in providing - supportive services to address the needs of eligible - individuals and their families, including national - organizations that-- - (i) advocate for the needs of individuals - with or at risk of behavioral health - conditions; - (ii) represent mayors; - (iii) represent unions; - (iv) represent first responders; - (v) represent chiefs of police and - sheriffs; - (vi) represent governors; - (vii) represent a territory of the United - States; or - (viii) represent a Tribal alliance. - (C) National organizations representing members of - the Armed Forces. - (D) National organizations that represent counties. - (E) Organizations with which the Department has a - current memorandum of agreement or understanding - related to mental health or suicide prevention. - (F) State departments of veterans affairs. - (G) National organizations representing members of - the reserve components of the Armed Forces. - (H) National organizations representing members of - the Coast Guard. - (I) Organizations, including institutions of higher - education, with experience in creating measurement - tools for purposes of advising the Secretary on the - most appropriate existing measurement tool or protocol - for the Department to utilize. - (J) The National Alliance on Mental Illness. - (K) A labor organization (as such term is defined - in section 7103(a)(4) of title 5, United States Code). - (L) The Centers for Disease Control and Prevention, - the Substance Abuse and Mental Health Services - Administration, the President's Roadmap to Empower - Veterans and End a National Tragedy of Suicide Task - Force, and such other organizations as the Secretary - considers appropriate. - (4) Report on grant criteria.--Not later than 30 days - before notifying eligible entities of the availability of - funding under this section, the Secretary shall submit to the - appropriate committees of Congress a report containing-- - (A) criteria for the award of a grant under this - section; - (B) the already developed measures and metrics to - be used by the Department to measure the effectiveness - of the use of grants provided under this section as - described in subsection (h)(2); and - (C) a framework for the sharing of information - about entities in receipt of grants under this section. + (1) Selection criteria.--The Secretary, in consultation with + entities specified in paragraph (3), shall establish criteria for + the selection of eligible entities that have submitted applications + under subsection (f). + (2) Development of measures and metrics.--The Secretary shall + develop, in consultation with entities specified in paragraph (3), + the following: + (A) A framework for collecting and sharing information + about entities in receipt of grants under this section for + purposes of improving the services available for eligible + individuals and their families, set forth by service type, + locality, and eligibility criteria. + (B) The measures and metrics to be used by each entity in + receipt of grants under this section to determine the + effectiveness of the programming being provided by such entity + in improving mental health status, wellbeing, and reducing + suicide risk and completed suicides of eligible individuals and + their families, which shall include an existing measurement + tool or protocol for the grant recipient to utilize when + determining programmatic effectiveness. + (3) Coordination.--In developing a plan for the design and + implementation of the provision of grants under this section, + including criteria for the award of grants, the Secretary shall + consult with the following: + (A) Veterans service organizations. + (B) National organizations representing potential community + partners of eligible entities in providing supportive services + to address the needs of eligible individuals and their + families, including national organizations that-- + (i) advocate for the needs of individuals with or at + risk of behavioral health conditions; + (ii) represent mayors; + (iii) represent unions; + (iv) represent first responders; + (v) represent chiefs of police and sheriffs; + (vi) represent governors; + (vii) represent a territory of the United States; or + (viii) represent a Tribal alliance. + (C) National organizations representing members of the + Armed Forces. + (D) National organizations that represent counties. + (E) Organizations with which the Department has a current + memorandum of agreement or understanding related to mental + health or suicide prevention. + (F) State departments of veterans affairs. + (G) National organizations representing members of the + reserve components of the Armed Forces. + (H) National organizations representing members of the + Coast Guard. + (I) Organizations, including institutions of higher + education, with experience in creating measurement tools for + purposes of advising the Secretary on the most appropriate + existing measurement tool or protocol for the Department to + utilize. + (J) The National Alliance on Mental Illness. + (K) A labor organization (as such term is defined in + section 7103(a)(4) of title 5, United States Code). + (L) The Centers for Disease Control and Prevention, the + Substance Abuse and Mental Health Services Administration, the + President's Roadmap to Empower Veterans and End a National + Tragedy of Suicide Task Force, and such other organizations as + the Secretary considers appropriate. + (4) Report on grant criteria.--Not later than 30 days before + notifying eligible entities of the availability of funding under + this section, the Secretary shall submit to the appropriate + committees of Congress a report containing-- + (A) criteria for the award of a grant under this section; + (B) the already developed measures and metrics to be used + by the Department to measure the effectiveness of the use of + grants provided under this section as described in subsection + (h)(2); and + (C) a framework for the sharing of information about + entities in receipt of grants under this section. (i) Information on Potential Eligible Individuals.-- - (1) In general.--The Secretary may make available to - recipients of grants under this section certain information - regarding potential eligible individuals who may receive - services for which such grant is provided. - (2) Information included.--The information made available - under paragraph (1) with respect to potential eligible - individuals may include the following: - (A) Confirmation of the status of a potential - eligible individual as a veteran. - (B) Confirmation of whether the potential eligible - individual is enrolled in the patient enrollment system - of the Department under section 1705(a) of title 38, - United States Code. - (C) Confirmation of whether a potential eligible - individual is currently receiving care furnished by the - Department or has recently received such care. - (3) Opt-out.--The Secretary shall allow an eligible - individual to opt out of having their information shared under - this subsection with recipients of grants under this section. + (1) In general.--The Secretary may make available to recipients + of grants under this section certain information regarding + potential eligible individuals who may receive services for which + such grant is provided. + (2) Information included.--The information made available under + paragraph (1) with respect to potential eligible individuals may + include the following: + (A) Confirmation of the status of a potential eligible + individual as a veteran. + (B) Confirmation of whether the potential eligible + individual is enrolled in the patient enrollment system of the + Department under section 1705(a) of title 38, United States + Code. + (C) Confirmation of whether a potential eligible individual + is currently receiving care furnished by the Department or has + recently received such care. + (3) Opt-out.--The Secretary shall allow an eligible individual + to opt out of having their information shared under this subsection + with recipients of grants under this section. (j) Duration.--The authority of the Secretary to provide grants under this section shall terminate on the date that is three years after the date on which the first grant is awarded under this section. (k) Reporting.-- - (1) Interim report.-- - (A) In general.--Not later than 18 months after the - date on which the first grant is awarded under this - section, the Secretary shall submit to the appropriate - committees of Congress a report on the provision of - grants to eligible entities under this section. - (B) Elements.--The report submitted under - subparagraph (A) shall include the following: - (i) An assessment of the effectiveness of - the grant program under this section, - including-- - (I) the effectiveness of grant - recipients and their community - partners, if any, in conducting - outreach to eligible individuals; - (II) the effectiveness of - increasing eligible individuals - engagement in suicide prevention - services; and - (III) such other validated - instruments and additional measures as - determined by the Secretary and as - described in subsection (h)(2). - (ii) A list of grant recipients and their - partner organizations, if any, that delivered - services funded by the grant and the amount of - such grant received by each recipient and - partner organization. - (iii) The number of eligible individuals - supported by each grant recipient, including - through services provided to family members, - disaggregated by-- - (I) all demographic characteristics - as determined necessary and appropriate - by the Secretary in coordination with - the Centers for Disease Control and - Prevention; - (II) whether each such eligible - individual is enrolled in the patient - enrollment system of the Department - under section 1705(a) of title 38, - United States Code; - (III) branch of service in the - Armed Forces; - (IV) era of service in the Armed - Forces; - (V) type of service received by the - eligible individual; and - (VI) whether each such eligible - individual was referred to the - Department for care. - (iv) The number of eligible individuals - supported by grants under this section, - including through services provided to family - members. - (v) The number of eligible individuals - described in clause (iv) who were not - previously receiving care furnished by the - Department, with specific numbers for the - population of eligible individuals described in - subsection (q)(4)(B). - (vi) The number of eligible individuals - whose mental health status, wellbeing, and - suicide risk received a baseline measurement - assessment under this section and the number of - such eligible individuals whose mental health - status, wellbeing, and suicide risk will be - measured by the Department or a community - partner over a period of time for any - improvements. - (vii) The types of data the Department was - able to collect and share with partners, - including a characterization of the benefits of - that data. - (viii) The number and percentage of - eligible individuals referred to the point of - contact at the Department under subsection - (e)(3)(C). - (ix) The number of eligible individuals - newly enrolled in the patient enrollment system - of the Department under section 1705(a) of - title 38, United States Code based on a - referral to the Department from a grant - recipient under subsection (e)(3)(C), - disaggregated by grant recipient. - (x) A detailed account of how the grant - funds were used, including executive - compensation, overhead costs, and other - indirect costs. - (xi) A description of any outreach - activities conducted by the eligible entity in - receipt of a grant with respect to services - provided using the grant. - (xii) The number of individuals who seek - services from the grant recipient who are not - eligible individuals. - (C) Submittal of information by grant recipients.-- - The Secretary may require eligible entities receiving - grants under this section to provide to Congress such - information as the Secretary determines necessary - regarding the elements described in subparagraph (B). - (2) Final report.--Not later than three years after the - date on which the first grant is awarded under this section, - and annually thereafter for each year in which the program is - in effect, the Secretary shall submit to the appropriate - committees of Congress-- - (A) a follow-up on the interim report submitted - under paragraph (1) containing the elements set forth - in subparagraph (B) of such paragraph; and - (B) a report on-- - (i) the effectiveness of the provision of - grants under this section, including the - effectiveness of community partners in - conducting outreach to eligible individuals and - their families and reducing the rate of suicide - among eligible individuals; - (ii) an assessment of the increased - capacity of the Department to provide services - to eligible individuals and their families, set - forth by State, as a result of the provision of - grants under this section; - (iii) the feasibility and advisability of - extending or expanding the provision of grants - consistent with this section; and - (iv) such other elements as considered - appropriate by the Secretary. + (1) Interim report.-- + (A) In general.--Not later than 18 months after the date on + which the first grant is awarded under this section, the + Secretary shall submit to the appropriate committees of + Congress a report on the provision of grants to eligible + entities under this section. + (B) Elements.--The report submitted under subparagraph (A) + shall include the following: + (i) An assessment of the effectiveness of the grant + program under this section, including-- + + (I) the effectiveness of grant recipients and their + community partners, if any, in conducting outreach to + eligible individuals; + (II) the effectiveness of increasing eligible + individuals engagement in suicide prevention services; + and + (III) such other validated instruments and + additional measures as determined by the Secretary and + as described in subsection (h)(2). + + (ii) A list of grant recipients and their partner + organizations, if any, that delivered services funded by + the grant and the amount of such grant received by each + recipient and partner organization. + (iii) The number of eligible individuals supported by + each grant recipient, including through services provided + to family members, disaggregated by-- + + (I) all demographic characteristics as determined + necessary and appropriate by the Secretary in + coordination with the Centers for Disease Control and + Prevention; + (II) whether each such eligible individual is + enrolled in the patient enrollment system of the + Department under section 1705(a) of title 38, United + States Code; + (III) branch of service in the Armed Forces; + (IV) era of service in the Armed Forces; + (V) type of service received by the eligible + individual; and + (VI) whether each such eligible individual was + referred to the Department for care. + + (iv) The number of eligible individuals supported by + grants under this section, including through services + provided to family members. + (v) The number of eligible individuals described in + clause (iv) who were not previously receiving care + furnished by the Department, with specific numbers for the + population of eligible individuals described in subsection + (q)(4)(B). + (vi) The number of eligible individuals whose mental + health status, wellbeing, and suicide risk received a + baseline measurement assessment under this section and the + number of such eligible individuals whose mental health + status, wellbeing, and suicide risk will be measured by the + Department or a community partner over a period of time for + any improvements. + (vii) The types of data the Department was able to + collect and share with partners, including a + characterization of the benefits of that data. + (viii) The number and percentage of eligible + individuals referred to the point of contact at the + Department under subsection (e)(3)(C). + (ix) The number of eligible individuals newly enrolled + in the patient enrollment system of the Department under + section 1705(a) of title 38, United States Code based on a + referral to the Department from a grant recipient under + subsection (e)(3)(C), disaggregated by grant recipient. + (x) A detailed account of how the grant funds were + used, including executive compensation, overhead costs, and + other indirect costs. + (xi) A description of any outreach activities conducted + by the eligible entity in receipt of a grant with respect + to services provided using the grant. + (xii) The number of individuals who seek services from + the grant recipient who are not eligible individuals. + (C) Submittal of information by grant recipients.--The + Secretary may require eligible entities receiving grants under + this section to provide to Congress such information as the + Secretary determines necessary regarding the elements described + in subparagraph (B). + (2) Final report.--Not later than three years after the date on + which the first grant is awarded under this section, and annually + thereafter for each year in which the program is in effect, the + Secretary shall submit to the appropriate committees of Congress-- + (A) a follow-up on the interim report submitted under + paragraph (1) containing the elements set forth in subparagraph + (B) of such paragraph; and + (B) a report on-- + (i) the effectiveness of the provision of grants under + this section, including the effectiveness of community + partners in conducting outreach to eligible individuals and + their families and reducing the rate of suicide among + eligible individuals; + (ii) an assessment of the increased capacity of the + Department to provide services to eligible individuals and + their families, set forth by State, as a result of the + provision of grants under this section; + (iii) the feasibility and advisability of extending or + expanding the provision of grants consistent with this + section; and + (iv) such other elements as considered appropriate by + the Secretary. (l) Third-party Assessment.-- - (1) Study of grant program.-- - (A) In general.--Not later than 180 days after the - commencement of the grant program under this section, - the Secretary shall seek to enter into a contract with - an appropriate entity described in paragraph (3) to - conduct a study of the grant program. - (B) Elements of study.--In conducting the study - under subparagraph (A), the appropriate entity shall-- - (i) evaluate the effectiveness of the grant - program under this section in-- - (I) addressing the factors that - contribute to suicides; - (II) increasing the use of suicide - prevention services; - (III) reducing mood-related - symptoms that increase suicide and - suicide risk; and - (IV) where such information is - available due to the time frame of the - grant program, reducing suicidal - ideation, suicide attempts, self-harm, - and deaths by suicide; and - (V) reducing suicidal ideation, - suicide attempts, self-harm, and deaths - by suicide among eligible individuals - through eligible entities located in - communities; and - (ii) compare the results of the grant - program with other national programs in - delivering resources to eligible individuals in - the communities where they live that address - the factors that contribute to suicide. - (2) Assessment.-- - (A) In general.--The contract under paragraph (1) - shall provide that not later than 24 months after the - commencement of the grant program under this section, - the appropriate entity shall submit to the Secretary an - assessment based on the study conducted pursuant to - such contract. - (B) Submittal to congress.--Upon receipt of the - assessment under subparagraph (A), the Secretary shall - transmit to the appropriate committees of Congress a - copy of the assessment. - (3) Appropriate entity.--An appropriate entity described in - this paragraph is a nongovernment entity with experience - optimizing and assessing organizations that deliver services - and assessing the effectiveness of suicide prevention programs. + (1) Study of grant program.-- + (A) In general.--Not later than 180 days after the + commencement of the grant program under this section, the + Secretary shall seek to enter into a contract with an + appropriate entity described in paragraph (3) to conduct a + study of the grant program. + (B) Elements of study.--In conducting the study under + subparagraph (A), the appropriate entity shall-- + (i) evaluate the effectiveness of the grant program + under this section in-- + + (I) addressing the factors that contribute to + suicides; + (II) increasing the use of suicide prevention + services; + (III) reducing mood-related symptoms that increase + suicide and suicide risk; and + (IV) where such information is available due to the + time frame of the grant program, reducing suicidal + ideation, suicide attempts, self-harm, and deaths by + suicide; and + (V) reducing suicidal ideation, suicide attempts, + self-harm, and deaths by suicide among eligible + individuals through eligible entities located in + communities; and + + (ii) compare the results of the grant program with + other national programs in delivering resources to eligible + individuals in the communities where they live that address + the factors that contribute to suicide. + (2) Assessment.-- + (A) In general.--The contract under paragraph (1) shall + provide that not later than 24 months after the commencement of + the grant program under this section, the appropriate entity + shall submit to the Secretary an assessment based on the study + conducted pursuant to such contract. + (B) Submittal to congress.--Upon receipt of the assessment + under subparagraph (A), the Secretary shall transmit to the + appropriate committees of Congress a copy of the assessment. + (3) Appropriate entity.--An appropriate entity described in + this paragraph is a nongovernment entity with experience optimizing + and assessing organizations that deliver services and assessing the + effectiveness of suicide prevention programs. (m) Referral for Care.-- - (1) Mental health assessment.--If an eligible entity in - receipt of a grant under this section determines that an - eligible individual is at-risk of suicide or other mental or - behavioral health condition pursuant to a baseline mental - health screening conducted under subsection (q)(11)(A)(ii) with - respect to the individual, the entity shall refer the eligible - individual to the Department for additional care under - subsection (n) or any other provision of law. - (2) Emergency treatment.--If an eligible entity in receipt - of a grant under this section determines that an eligible - individual furnished clinical services for emergency treatment - under subsection (q)(11)(A)(iv) requires ongoing services, the - entity shall refer the eligible individual to the Department - for additional care under subsection (n) or any other provision - of law. - (3) Refusal.--If an eligible individual refuses a referral - by an entity under paragraph (1) or (2), any ongoing clinical - services provided to the eligible individual by the entity - shall be at the expense of the entity. + (1) Mental health assessment.--If an eligible entity in receipt + of a grant under this section determines that an eligible + individual is at-risk of suicide or other mental or behavioral + health condition pursuant to a baseline mental health screening + conducted under subsection (q)(11)(A)(ii) with respect to the + individual, the entity shall refer the eligible individual to the + Department for additional care under subsection (n) or any other + provision of law. + (2) Emergency treatment.--If an eligible entity in receipt of a + grant under this section determines that an eligible individual + furnished clinical services for emergency treatment under + subsection (q)(11)(A)(iv) requires ongoing services, the entity + shall refer the eligible individual to the Department for + additional care under subsection (n) or any other provision of law. + (3) Refusal.--If an eligible individual refuses a referral by + an entity under paragraph (1) or (2), any ongoing clinical services + provided to the eligible individual by the entity shall be at the + expense of the entity. (n) Provision of Care to Eligible Individuals.--When the Secretary determines it is clinically appropriate, the Secretary shall furnish to eligible individuals who are receiving or have received suicide @@ -895,210 +817,191 @@ care services authorized under chapter 17 of title 38, United States Code, that are required to treat the mental or behavioral health care needs of the eligible individual, including risk of suicide. (o) Agreements With Community Partners.-- - (1) In general.--Subject to paragraph (2), an eligible - entity may use grant funds to enter into an agreement with a - community partner under which the eligible entity may provide - funds to the community partner for the provision of suicide - prevention services to eligible individuals and their families. - (2) Limitation.--The ability of a recipient of a grant - under this section to provide grant funds to a community - partner shall be limited to grant recipients that are a State - or local government or an Indian tribe. + (1) In general.--Subject to paragraph (2), an eligible entity + may use grant funds to enter into an agreement with a community + partner under which the eligible entity may provide funds to the + community partner for the provision of suicide prevention services + to eligible individuals and their families. + (2) Limitation.--The ability of a recipient of a grant under + this section to provide grant funds to a community partner shall be + limited to grant recipients that are a State or local government or + an Indian tribe. (p) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section a total of $174,000,000 for fiscal years 2021 through 2025. (q) Definitions.--In this section: - (1) Appropriate committees of congress.--The term - ``appropriate committees of Congress'' means-- - (A) the Committee on Veterans' Affairs and the - Subcommittee on Military Construction, Veterans - Affairs, and Related Agencies of the Committee on - Appropriations of the Senate; and - (B) the Committee on Veterans' Affairs and the - Subcommittee on Military Construction, Veterans - Affairs, and Related Agencies of the Committee on - Appropriations of the House of Representatives. - (2) Department.--The term ``Department'' means the - Department of Veterans Affairs. - (3) Eligible entity.--The term ``eligible entity'' means-- - (A) an incorporated private institution or - foundation-- - (i) no part of the net earnings of which - incurs to the benefit of any member, founder, - contributor, or individual; and - (ii) that has a governing board that would - be responsible for the operation of the suicide - prevention services provided under this - section; - (B) a corporation wholly owned and controlled by an - organization meeting the requirements of clauses (i) - and (ii) of subparagraph (A); - (C) an Indian tribe; - (D) a community-based organization that can - effectively network with local civic organizations, - regional health systems, and other settings where - eligible individuals and their families are likely to - have contact; or - (E) A State or local government. - (4) Eligible individual.--The term ``eligible individual'' - includes a person at risk of suicide who is-- - (A) a veteran as defined in section 101 of title - 38, United States Code; - (B) an individual described in section 1720I(b) of - such title; or - (C) an individual described in any of clauses (i) - through (iv) of section 1712A(a)(1)(C) of such title. - (5) Emergency treatment.--Medical services, professional - services, ambulance services, ancillary care and medication - (including a short course of medication related to and - necessary for the treatment of the emergency condition that is - provided directly to or prescribed for the patient for use - after the emergency condition is stabilized and the patient is - discharged) was rendered in a medical emergency of such nature - that a prudent layperson would have reasonably expected that - delay in seeking immediate medical attention would have been - hazardous to life or health. This standard is met by an - emergency medical condition manifesting itself by acute - symptoms of sufficient severity (including severe pain) that a - prudent layperson who possesses an average knowledge of health - and medicine could reasonably expect the absence of immediate - medical attention to result in placing the health of the - individual in serious jeopardy, serious impairment to bodily - functions, or serious dysfunction of any bodily organ or part. - (6) Family.--The term ``family'' means, with respect to an - eligible individual, any of the following: - (A) A parent. - (B) A spouse. - (C) A child. - (D) A sibling. - (E) A step-family member. - (F) An extended family member. - (G) Any other individual who lives with the - eligible individual. - (7) Indian tribe.--The term ``Indian tribe'' has the - meaning given that term in section 4 of the Native American - Housing Assistance and Self-Determination Act of 1996 (25 - U.S.C. 4103). - (8) Risk of suicide.-- - (A) In general.--The term ``risk of suicide'' means - exposure to, or the existence of, any of the following - (to a degree determined by the Secretary pursuant to - regulations): - (i) Health risk factors, including the - following: - (I) Mental health challenges. - (II) Substance abuse. - (III) Serious or chronic health - conditions or pain. - (IV) Traumatic brain injury. - (ii) Environmental risk factors, including - the following: - (I) Prolonged stress. - (II) Stressful life events. - (III) Unemployment. - (IV) Homelessness. - (V) Recent loss. - (VI) Legal or financial challenges. - (iii) Historical risk factors, including - the following: - (I) Previous suicide attempts. - (II) Family history of suicide. - (III) History of abuse, neglect, or - trauma. - (B) Degree of risk.--The Secretary may, by - regulation, establish a process for determining degrees - of risk of suicide for use by grant recipients to focus - the delivery of services using grant funds. - (9) Rural.--The term ``rural'', with respect to a - community, has the meaning given that term in the Rural-Urban - Commuting Areas coding system of the Department of Agriculture. - (10) Secretary.--The term ``Secretary'' means the Secretary - of Veterans Affairs. - (11) Suicide prevention services.-- - (A) In general.--The term ``suicide prevention - services'' means services to address the needs of - eligible individuals and their families and includes - the following: - (i) Outreach to identify those at risk of - suicide with an emphasis on eligible - individuals who are at highest risk or who are - not receiving health care or other services - furnished by the Department. - (ii) A baseline mental health screening for - risk. - (iii) Education on suicide risk and - prevention to families and communities. - (iv) Provision of clinical services for - emergency treatment. - (v) Case management services. - (vi) Peer support services. - (vii) Assistance in obtaining any benefits - from the Department that the eligible - individual and their family may be eligible to - receive, including-- - (I) vocational and rehabilitation - counseling; - (II) supportive services for - homeless veterans; - (III) employment and training - services; - (IV) educational assistance; and - (V) health care services. - (viii) Assistance in obtaining and - coordinating the provision of other benefits - provided by the Federal Government, a State or - local government, or an eligible entity. - (ix) Assistance with emergent needs - relating to-- - (I) health care services; - (II) daily living services; - (III) personal financial planning - and counseling; - (IV) transportation services; - (V) temporary income support - services; - (VI) fiduciary and representative - payee services; - (VII) legal services to assist the - eligible individual with issues that - may contribute to the risk of suicide; - and - (VIII) child care (not to exceed - $5,000 per family of an eligible - individual per fiscal year). - (x) Nontraditional and innovative - approaches and treatment practices, as - determined appropriate by the Secretary, in - consultation with appropriate entities. - (xi) Such other services necessary for - improving the mental health status and - wellbeing and reducing the suicide risk of - eligible individuals and their families as the - Secretary considers appropriate, which may - include-- - (I) adaptive sports, equine - assisted therapy, or in-place or - outdoor recreational therapy; - (II) substance use reduction - programming; - (III) individual, group, or family - counseling; and - (IV) relationship coaching. - (B) Exclusion.--The term ``suicide prevention - services'' does not include direct cash assistance to - eligible individuals or their families. - (12) Veterans crisis line.--The term ``Veterans Crisis - Line'' means the toll-free hotline for veterans established - under section 1720F(h) of title 38, United States Code. - (13) Veterans service organization.--The term ``veterans - service organization'' means any organization recognized by the - Secretary for the representation of veterans under section 5902 - of title 38, United States Code. - -SEC. 202. ANALYSIS ON FEASIBILITY AND ADVISABILITY OF THE DEPARTMENT OF - VETERANS AFFAIRS PROVIDING CERTAIN COMPLEMENTARY AND - INTEGRATIVE HEALTH SERVICES. - + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the Committee on Veterans' Affairs and the Subcommittee + on Military Construction, Veterans Affairs, and Related + Agencies of the Committee on Appropriations of the Senate; and + (B) the Committee on Veterans' Affairs and the Subcommittee + on Military Construction, Veterans Affairs, and Related + Agencies of the Committee on Appropriations of the House of + Representatives. + (2) Department.--The term ``Department'' means the Department + of Veterans Affairs. + (3) Eligible entity.--The term ``eligible entity'' means-- + (A) an incorporated private institution or foundation-- + (i) no part of the net earnings of which incurs to the + benefit of any member, founder, contributor, or individual; + and + (ii) that has a governing board that would be + responsible for the operation of the suicide prevention + services provided under this section; + (B) a corporation wholly owned and controlled by an + organization meeting the requirements of clauses (i) and (ii) + of subparagraph (A); + (C) an Indian tribe; + (D) a community-based organization that can effectively + network with local civic organizations, regional health + systems, and other settings where eligible individuals and + their families are likely to have contact; or + (E) A State or local government. + (4) Eligible individual.--The term ``eligible individual'' + includes a person at risk of suicide who is-- + (A) a veteran as defined in section 101 of title 38, United + States Code; + (B) an individual described in section 1720I(b) of such + title; or + (C) an individual described in any of clauses (i) through + (iv) of section 1712A(a)(1)(C) of such title. + (5) Emergency treatment.--Medical services, professional + services, ambulance services, ancillary care and medication + (including a short course of medication related to and necessary + for the treatment of the emergency condition that is provided + directly to or prescribed for the patient for use after the + emergency condition is stabilized and the patient is discharged) + was rendered in a medical emergency of such nature that a prudent + layperson would have reasonably expected that delay in seeking + immediate medical attention would have been hazardous to life or + health. This standard is met by an emergency medical condition + manifesting itself by acute symptoms of sufficient severity + (including severe pain) that a prudent layperson who possesses an + average knowledge of health and medicine could reasonably expect + the absence of immediate medical attention to result in placing the + health of the individual in serious jeopardy, serious impairment to + bodily functions, or serious dysfunction of any bodily organ or + part. + (6) Family.--The term ``family'' means, with respect to an + eligible individual, any of the following: + (A) A parent. + (B) A spouse. + (C) A child. + (D) A sibling. + (E) A step-family member. + (F) An extended family member. + (G) Any other individual who lives with the eligible + individual. + (7) Indian tribe.--The term ``Indian tribe'' has the meaning + given that term in section 4 of the Native American Housing + Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). + (8) Risk of suicide.-- + (A) In general.--The term ``risk of suicide'' means + exposure to, or the existence of, any of the following (to a + degree determined by the Secretary pursuant to regulations): + (i) Health risk factors, including the following: + + (I) Mental health challenges. + (II) Substance abuse. + (III) Serious or chronic health conditions or pain. + (IV) Traumatic brain injury. + + (ii) Environmental risk factors, including the + following: + + (I) Prolonged stress. + (II) Stressful life events. + (III) Unemployment. + (IV) Homelessness. + (V) Recent loss. + (VI) Legal or financial challenges. + + (iii) Historical risk factors, including the following: + + (I) Previous suicide attempts. + (II) Family history of suicide. + (III) History of abuse, neglect, or trauma. + + (B) Degree of risk.--The Secretary may, by regulation, + establish a process for determining degrees of risk of suicide + for use by grant recipients to focus the delivery of services + using grant funds. + (9) Rural.--The term ``rural'', with respect to a community, + has the meaning given that term in the Rural-Urban Commuting Areas + coding system of the Department of Agriculture. + (10) Secretary.--The term ``Secretary'' means the Secretary of + Veterans Affairs. + (11) Suicide prevention services.-- + (A) In general.--The term ``suicide prevention services'' + means services to address the needs of eligible individuals and + their families and includes the following: + (i) Outreach to identify those at risk of suicide with + an emphasis on eligible individuals who are at highest risk + or who are not receiving health care or other services + furnished by the Department. + (ii) A baseline mental health screening for risk. + (iii) Education on suicide risk and prevention to + families and communities. + (iv) Provision of clinical services for emergency + treatment. + (v) Case management services. + (vi) Peer support services. + (vii) Assistance in obtaining any benefits from the + Department that the eligible individual and their family + may be eligible to receive, including-- + + (I) vocational and rehabilitation counseling; + (II) supportive services for homeless veterans; + (III) employment and training services; + (IV) educational assistance; and + (V) health care services. + + (viii) Assistance in obtaining and coordinating the + provision of other benefits provided by the Federal + Government, a State or local government, or an eligible + entity. + (ix) Assistance with emergent needs relating to-- + + (I) health care services; + (II) daily living services; + (III) personal financial planning and counseling; + (IV) transportation services; + (V) temporary income support services; + (VI) fiduciary and representative payee services; + (VII) legal services to assist the eligible + individual with issues that may contribute to the risk + of suicide; and + (VIII) child care (not to exceed $5,000 per family + of an eligible individual per fiscal year). + + (x) Nontraditional and innovative approaches and + treatment practices, as determined appropriate by the + Secretary, in consultation with appropriate entities. + (xi) Such other services necessary for improving the + mental health status and wellbeing and reducing the suicide + risk of eligible individuals and their families as the + Secretary considers appropriate, which may include-- + + (I) adaptive sports, equine assisted therapy, or + in-place or outdoor recreational therapy; + (II) substance use reduction programming; + (III) individual, group, or family counseling; and + (IV) relationship coaching. + + (B) Exclusion.--The term ``suicide prevention services'' + does not include direct cash assistance to eligible individuals + or their families. + (12) Veterans crisis line.--The term ``Veterans Crisis Line'' + means the toll-free hotline for veterans established under section + 1720F(h) of title 38, United States Code. + (13) Veterans service organization.--The term ``veterans + service organization'' means any organization recognized by the + Secretary for the representation of veterans under section 5902 of + title 38, United States Code. + SEC. 202. ANALYSIS ON FEASIBILITY AND ADVISABILITY OF THE + DEPARTMENT OF VETERANS AFFAIRS PROVIDING CERTAIN COMPLEMENTARY + AND INTEGRATIVE HEALTH SERVICES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete an analysis on the feasibility and advisability of providing @@ -1113,27 +1016,25 @@ of Public Law 114-198; 38 U.S.C. 1701 note) submitted under subsection (e)(2) of such section. (c) Treatments Described.--Complementary and integrative health treatments described in this subsection shall consist of the following: - (1) Yoga. - (2) Meditation. - (3) Acupuncture. - (4) Chiropractic care. - (5) Other treatments that show sufficient evidence of - efficacy at treating mental or physical health conditions, as - determined by the Secretary. + (1) Yoga. + (2) Meditation. + (3) Acupuncture. + (4) Chiropractic care. + (5) Other treatments that show sufficient evidence of efficacy + at treating mental or physical health conditions, as determined by + the Secretary. (d) Report.--The Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the analysis completed under subsection (a), including-- - (1) the results of such analysis; and - (2) such recommendations regarding the furnishing of - complementary and integrative health treatments described in - subsection (c) as the Secretary considers appropriate. - -SEC. 203. PILOT PROGRAM TO PROVIDE VETERANS ACCESS TO COMPLEMENTARY AND - INTEGRATIVE HEALTH PROGRAMS THROUGH ANIMAL THERAPY, - AGRITHERAPY, SPORTS AND RECREATION THERAPY, ART THERAPY, - AND POSTTRAUMATIC GROWTH PROGRAMS. - + (1) the results of such analysis; and + (2) such recommendations regarding the furnishing of + complementary and integrative health treatments described in + subsection (c) as the Secretary considers appropriate. + SEC. 203. PILOT PROGRAM TO PROVIDE VETERANS ACCESS TO COMPLEMENTARY + AND INTEGRATIVE HEALTH PROGRAMS THROUGH ANIMAL THERAPY, + AGRITHERAPY, SPORTS AND RECREATION THERAPY, ART THERAPY, AND + POSTTRAUMATIC GROWTH PROGRAMS. (a) In General.--Not later than 180 days after the date on which the Creating Options for Veterans' Expedited Recovery Commission (commonly referred to as the ``COVER Commission'') established under @@ -1149,154 +1050,137 @@ determined by the Secretary. (b) Programs Described.--Complementary and integrative health programs described in this subsection may, taking into consideration the report described in subsection (a), consist of the following: - (1) Equine therapy. - (2) Other animal therapy. - (3) Agritherapy. - (4) Sports and recreation therapy. - (5) Art therapy. - (6) Posttraumatic growth programs. + (1) Equine therapy. + (2) Other animal therapy. + (3) Agritherapy. + (4) Sports and recreation therapy. + (5) Art therapy. + (6) Posttraumatic growth programs. (c) Eligible Veterans.--A veteran is eligible to participate in the pilot program under this section if the veteran-- - (1) is enrolled in the system of patient enrollment of the - Department under section 1705(a) of title 38, United States - Code; and - (2) has received health care under the laws administered by - the Secretary during the two-year period preceding the initial - participation of the veteran in the pilot program. + (1) is enrolled in the system of patient enrollment of the + Department under section 1705(a) of title 38, United States Code; + and + (2) has received health care under the laws administered by the + Secretary during the two-year period preceding the initial + participation of the veteran in the pilot program. (d) Duration.-- - (1) In general.--The Secretary shall carry out the pilot - program under this section for a three-year period beginning on - the commencement of the pilot program. - (2) Extension.--The Secretary may extend the duration of - the pilot program under this section if the Secretary, based on - the results of the interim report submitted under subsection - (f)(1), determines that it is appropriate to do so. + (1) In general.--The Secretary shall carry out the pilot + program under this section for a three-year period beginning on the + commencement of the pilot program. + (2) Extension.--The Secretary may extend the duration of the + pilot program under this section if the Secretary, based on the + results of the interim report submitted under subsection (f)(1), + determines that it is appropriate to do so. (e) Locations.-- - (1) In general.--The Secretary shall select not fewer than - five facilities of the Department at which to carry out the - pilot program under this section. - (2) Selection criteria.--In selecting facilities under - paragraph (1), the Secretary shall ensure that-- - (A) the locations are in geographically diverse - areas; and - (B) not fewer than three facilities serve veterans - in rural or highly rural areas (as determined through - the use of the Rural-Urban Commuting Areas coding - system of the Department of Agriculture). + (1) In general.--The Secretary shall select not fewer than five + facilities of the Department at which to carry out the pilot + program under this section. + (2) Selection criteria.--In selecting facilities under + paragraph (1), the Secretary shall ensure that-- + (A) the locations are in geographically diverse areas; and + (B) not fewer than three facilities serve veterans in rural + or highly rural areas (as determined through the use of the + Rural-Urban Commuting Areas coding system of the Department of + Agriculture). (f) Reports.-- - (1) Interim report.-- - (A) In general.--Not later than one year after the - commencement of the pilot program under this section, - the Secretary shall submit to the Committee on - Veterans' Affairs of the Senate and the Committee on - Veterans' Affairs of the House of Representatives a - report on the progress of the pilot program. - (B) Elements.--The report required by subparagraph - (A) shall include the following: - (i) The number of participants in the pilot - program. - (ii) The type or types of therapy offered - at each facility at which the pilot program is - being carried out. - (iii) An assessment of whether - participation by a veteran in the pilot program - resulted in any changes in clinically relevant - endpoints for the veteran with respect to the - conditions specified in subsection (a). - (iv) An assessment of the quality of life - of veterans participating in the pilot program, - including the results of a satisfaction survey - of the participants in the pilot program, - disaggregated by program under subsection (b). - (v) The determination of the Secretary with - respect to extending the pilot program under - subsection (d)(2). - (vi) Any recommendations of the Secretary - with respect to expanding the pilot program. - (2) Final report.--Not later than 90 days after the - termination of the pilot program under this section, the + (1) Interim report.-- + (A) In general.--Not later than one year after the + commencement of the pilot program under this section, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House - of Representatives a final report on the pilot program. - -SEC. 204. DEPARTMENT OF VETERANS AFFAIRS STUDY OF ALL-CAUSE MORTALITY - OF VETERANS, INCLUDING BY SUICIDE, AND REVIEW OF STAFFING - LEVELS OF MENTAL HEALTH PROFESSIONALS. - + of Representatives a report on the progress of the pilot + program. + (B) Elements.--The report required by subparagraph (A) + shall include the following: + (i) The number of participants in the pilot program. + (ii) The type or types of therapy offered at each + facility at which the pilot program is being carried out. + (iii) An assessment of whether participation by a + veteran in the pilot program resulted in any changes in + clinically relevant endpoints for the veteran with respect + to the conditions specified in subsection (a). + (iv) An assessment of the quality of life of veterans + participating in the pilot program, including the results + of a satisfaction survey of the participants in the pilot + program, disaggregated by program under subsection (b). + (v) The determination of the Secretary with respect to + extending the pilot program under subsection (d)(2). + (vi) Any recommendations of the Secretary with respect + to expanding the pilot program. + (2) Final report.--Not later than 90 days after the termination + of the pilot program under this section, the Secretary shall submit + to the Committee on Veterans' Affairs of the Senate and the + Committee on Veterans' Affairs of the House of Representatives a + final report on the pilot program. + SEC. 204. DEPARTMENT OF VETERANS AFFAIRS STUDY OF ALL-CAUSE + MORTALITY OF VETERANS, INCLUDING BY SUICIDE, AND REVIEW OF + STAFFING LEVELS OF MENTAL HEALTH PROFESSIONALS. (a) Study of Deaths of Veterans by Suicide.-- - (1) In general.--The Secretary of Veterans Affairs shall - seek to enter into an agreement with the National Academies of - Sciences, Engineering, and Medicine under which the Secretary - shall collaborate and coordinate with the National Academies on - a revised study design to fulfill the goals of the 2019 study - design of the National Academies described in the explanatory - statement accompanying the Further Consolidated Appropriations - Act, 2020 (Public Law 116-94), as part of current and - additional research priorities of the Department of Veterans - Affairs, to evaluate the effects of opioids and benzodiazepine - on all-cause mortality of veterans, including suicide, - regardless of whether information relating to such deaths has - been reported by the Centers for Disease Control and - Prevention. - (2) Goals.--In carrying out the collaboration and - coordination under paragraph (1), the Secretary shall seek as - much as possible to achieve the same advancement of useful - knowledge as the 2019 study design described in such paragraph. + (1) In general.--The Secretary of Veterans Affairs shall seek + to enter into an agreement with the National Academies of Sciences, + Engineering, and Medicine under which the Secretary shall + collaborate and coordinate with the National Academies on a revised + study design to fulfill the goals of the 2019 study design of the + National Academies described in the explanatory statement + accompanying the Further Consolidated Appropriations Act, 2020 + (Public Law 116-94), as part of current and additional research + priorities of the Department of Veterans Affairs, to evaluate the + effects of opioids and benzodiazepine on all-cause mortality of + veterans, including suicide, regardless of whether information + relating to such deaths has been reported by the Centers for + Disease Control and Prevention. + (2) Goals.--In carrying out the collaboration and coordination + under paragraph (1), the Secretary shall seek as much as possible + to achieve the same advancement of useful knowledge as the 2019 + study design described in such paragraph. (b) Review of Staffing Levels for Mental Health Professionals.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Comptroller General of the - United States shall conduct a review of the staffing levels for - mental health professionals of the Department. - (2) Elements.--The review required by paragraph (1) shall - include a description of the efforts of the Department to - maintain appropriate staffing levels for mental health - professionals, such as mental health counselors, marriage and - family therapists, and other appropriate counselors, including - the following: - (A) A description of any impediments to carry out - the education, training, and hiring of mental health - counselors and marriage and family therapists under - section 7302(a) of title 38, United States Code, and - strategies for addressing those impediments. - (B) A description of the objectives, goals, and - timing of the Department with respect to increasing the - representation of such counselors and therapists in the - behavioral health workforce of the Department, - including-- - (i) a review of qualification criteria for - such counselors and therapists and a comparison - of such criteria to that of other behavioral - health professions in the Department; and - (ii) an assessment of the participation of - such counselors and therapists in the mental - health professionals trainee program of the - Department and any impediments to such - participation. - (C) An assessment of the development by the - Department of hiring guidelines for mental health - counselors, marriage and family therapists, and other - appropriate counselors. - (D) A description of how the Department-- - (i) identifies gaps in the supply of mental - health professionals; and - (ii) determines successful staffing ratios - for mental health professionals of the - Department. - (E) A description of actions taken by the - Secretary, in consultation with the Director of the - Office of Personnel Management, to create an - occupational series for mental health counselors and - marriage and family therapists of the Department and a - timeline for the creation of such an occupational - series. - (F) A description of actions taken by the Secretary - to ensure that the national, regional, and local - professional standards boards for mental health - counselors and marriage and family therapists are - comprised of only mental health counselors and marriage - and family therapists and that the liaison from the - Department to such boards is a mental health counselor - or marriage and family therapist. + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Comptroller General of the United States + shall conduct a review of the staffing levels for mental health + professionals of the Department. + (2) Elements.--The review required by paragraph (1) shall + include a description of the efforts of the Department to maintain + appropriate staffing levels for mental health professionals, such + as mental health counselors, marriage and family therapists, and + other appropriate counselors, including the following: + (A) A description of any impediments to carry out the + education, training, and hiring of mental health counselors and + marriage and family therapists under section 7302(a) of title + 38, United States Code, and strategies for addressing those + impediments. + (B) A description of the objectives, goals, and timing of + the Department with respect to increasing the representation of + such counselors and therapists in the behavioral health + workforce of the Department, including-- + (i) a review of qualification criteria for such + counselors and therapists and a comparison of such criteria + to that of other behavioral health professions in the + Department; and + (ii) an assessment of the participation of such + counselors and therapists in the mental health + professionals trainee program of the Department and any + impediments to such participation. + (C) An assessment of the development by the Department of + hiring guidelines for mental health counselors, marriage and + family therapists, and other appropriate counselors. + (D) A description of how the Department-- + (i) identifies gaps in the supply of mental health + professionals; and + (ii) determines successful staffing ratios for mental + health professionals of the Department. + (E) A description of actions taken by the Secretary, in + consultation with the Director of the Office of Personnel + Management, to create an occupational series for mental health + counselors and marriage and family therapists of the Department + and a timeline for the creation of such an occupational series. + (F) A description of actions taken by the Secretary to + ensure that the national, regional, and local professional + standards boards for mental health counselors and marriage and + family therapists are comprised of only mental health + counselors and marriage and family therapists and that the + liaison from the Department to such boards is a mental health + counselor or marriage and family therapist. (c) Compilation of Data.--The Secretary of Veterans Affairs shall ensure that data under subsections (a) and (b) is compiled separately and disaggregated by year and compiled in a manner that allows it to be @@ -1306,36 +1190,31 @@ clinical practice guidelines of the Department of Veterans Affairs. Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives containing the interim results-- - (1) with respect to the study under subsection (a)(1), not - later than 24 months after entering into the agreement under - such subsection; and - (2) with respect to the review under subsection (b)(1), not - later than 18 months after the date of the enactment of this - Act. + (1) with respect to the study under subsection (a)(1), not + later than 24 months after entering into the agreement under such + subsection; and + (2) with respect to the review under subsection (b)(1), not + later than 18 months after the date of the enactment of this Act. (e) Reports.-- - (1) Report on study.--Not later than 90 days after the - completion by the Secretary of Veterans Affairs in coordination - with the National Academies of Sciences, Engineering, and - Medicine of the study required under subsection (a)(1), the - Secretary shall-- - (A) submit to the Committee on Veterans' Affairs of - the Senate and the Committee on Veterans' Affairs of - the House of Representatives a report on the results of - the study; and - (B) make such report publicly available. - (2) Report on review.--Not later than 90 days after the - completion by the Comptroller General of the United States of - the review required under subsection (b)(1), the Comptroller - General shall-- - (A) submit to the Committee on Veterans' Affairs of - the Senate and the Committee on Veterans' Affairs of - the House of Representatives a report on the results of - the review; and - (B) make such report publicly available. - -SEC. 205. COMPTROLLER GENERAL REPORT ON MANAGEMENT BY DEPARTMENT OF - VETERANS AFFAIRS OF VETERANS AT HIGH RISK FOR SUICIDE. - + (1) Report on study.--Not later than 90 days after the + completion by the Secretary of Veterans Affairs in coordination + with the National Academies of Sciences, Engineering, and Medicine + of the study required under subsection (a)(1), the Secretary + shall-- + (A) submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a report on the results of the study; and + (B) make such report publicly available. + (2) Report on review.--Not later than 90 days after the + completion by the Comptroller General of the United States of the + review required under subsection (b)(1), the Comptroller General + shall-- + (A) submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a report on the results of the review; and + (B) make such report publicly available. + SEC. 205. COMPTROLLER GENERAL REPORT ON MANAGEMENT BY DEPARTMENT OF + VETERANS AFFAIRS OF VETERANS AT HIGH RISK FOR SUICIDE. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and @@ -1344,55 +1223,50 @@ report on the efforts of the Department of Veterans Affairs to manage veterans at high risk for suicide. (b) Elements.--The report required by subsection (a) shall include the following: - (1) A description of how the Department identifies patients - as high risk for suicide, with particular consideration to the - efficacy of inputs into the Recovery Engagement and - Coordination for Health - Veterans Enhanced Treatment program - (commonly referred to as the ``REACH VET'' program) of the - Department, including an assessment of the efficacy of such - identifications disaggregated by-- - (A) all demographic characteristics as determined - necessary and appropriate by the Secretary of Veterans - Affairs in coordination with the Centers for Disease - Control and Prevention; - (B) Veterans Integrated Service Network; and - (C) to the extent practicable, medical center of - the Department. - (2) A description of how the Department intervenes when a - patient is identified as high risk, including an assessment of - the efficacy of such interventions disaggregated by-- - (A) all demographic characteristics as determined - necessary and appropriate by the Secretary in - coordination with the Centers for Disease Control and - Prevention; - (B) Veterans Integrated Service Network; and - (C) to the extent practicable, medical center of - the Department. - (3) A description of how the Department monitors patients - who have been identified as high risk, including an assessment - of the efficacy of such monitoring and any follow-ups - disaggregated by-- - (A) all demographic characteristics as determined - necessary and appropriate by the Secretary in - coordination with the Centers for Disease Control and - Prevention; - (B) Veterans Integrated Service Network; and - (C) to the extent practicable, medical center of - the Department. - (4) A review of staffing levels of suicide prevention - coordinators across the Veterans Health Administration. - (5) A review of the resources and programming offered to - family members and friends of veterans who have a mental health - condition in order to assist that veteran in treatment and - recovery. - (6) An assessment of such other areas as the Comptroller - General considers appropriate to study. + (1) A description of how the Department identifies patients as + high risk for suicide, with particular consideration to the + efficacy of inputs into the Recovery Engagement and Coordination + for Health - Veterans Enhanced Treatment program (commonly referred + to as the ``REACH VET'' program) of the Department, including an + assessment of the efficacy of such identifications disaggregated + by-- + (A) all demographic characteristics as determined necessary + and appropriate by the Secretary of Veterans Affairs in + coordination with the Centers for Disease Control and + Prevention; + (B) Veterans Integrated Service Network; and + (C) to the extent practicable, medical center of the + Department. + (2) A description of how the Department intervenes when a + patient is identified as high risk, including an assessment of the + efficacy of such interventions disaggregated by-- + (A) all demographic characteristics as determined necessary + and appropriate by the Secretary in coordination with the + Centers for Disease Control and Prevention; + (B) Veterans Integrated Service Network; and + (C) to the extent practicable, medical center of the + Department. + (3) A description of how the Department monitors patients who + have been identified as high risk, including an assessment of the + efficacy of such monitoring and any follow-ups disaggregated by-- + (A) all demographic characteristics as determined necessary + and appropriate by the Secretary in coordination with the + Centers for Disease Control and Prevention; + (B) Veterans Integrated Service Network; and + (C) to the extent practicable, medical center of the + Department. + (4) A review of staffing levels of suicide prevention + coordinators across the Veterans Health Administration. + (5) A review of the resources and programming offered to family + members and friends of veterans who have a mental health condition + in order to assist that veteran in treatment and recovery. + (6) An assessment of such other areas as the Comptroller + General considers appropriate to study. TITLE III--PROGRAMS, STUDIES, AND GUIDELINES ON MENTAL HEALTH -SEC. 301. STUDY ON CONNECTION BETWEEN LIVING AT HIGH ALTITUDE AND - SUICIDE RISK FACTORS AMONG VETERANS. - + SEC. 301. STUDY ON CONNECTION BETWEEN LIVING AT HIGH ALTITUDE AND + SUICIDE RISK FACTORS AMONG VETERANS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with Rural Health Resource Centers of the Office of Rural @@ -1412,28 +1286,25 @@ Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the results of the study. (e) Follow-up Study.-- - (1) In general.--If the Secretary determines through the - study conducted under subsection (a) that living at high - altitude is a risk factor for developing depression or dying by - suicide, the Secretary shall conduct an additional study to - identify the following: - (A) The most likely biological mechanism that makes - living at high altitude a risk factor for developing - depression or dying by suicide. - (B) The most effective treatment or intervention - for reducing the risk of developing depression or dying - by suicide associated with living at high altitude. - (2) Report.--Not later than 150 days after completing the - study conducted under paragraph (1), the Secretary shall submit - to the Committee on Veterans' Affairs of the Senate and the - Committee on Veterans' Affairs of the House of Representatives - a report on the results of the study. - -SEC. 302. ESTABLISHMENT BY DEPARTMENT OF VETERANS AFFAIRS AND - DEPARTMENT OF DEFENSE OF A CLINICAL PROVIDER TREATMENT - TOOLKIT AND ACCOMPANYING TRAINING MATERIALS FOR - COMORBIDITIES. - + (1) In general.--If the Secretary determines through the study + conducted under subsection (a) that living at high altitude is a + risk factor for developing depression or dying by suicide, the + Secretary shall conduct an additional study to identify the + following: + (A) The most likely biological mechanism that makes living + at high altitude a risk factor for developing depression or + dying by suicide. + (B) The most effective treatment or intervention for + reducing the risk of developing depression or dying by suicide + associated with living at high altitude. + (2) Report.--Not later than 150 days after completing the study + conducted under paragraph (1), the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report on the + results of the study. + SEC. 302. ESTABLISHMENT BY DEPARTMENT OF VETERANS AFFAIRS AND + DEPARTMENT OF DEFENSE OF A CLINICAL PROVIDER TREATMENT TOOLKIT + AND ACCOMPANYING TRAINING MATERIALS FOR COMORBIDITIES. (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, shall develop a clinical @@ -1446,24 +1317,20 @@ treatment toolkit and accompanying training materials under subsection (a), the Secretary of Veterans Affairs and the Secretary of Defense shall ensure that the toolkit and training materials include guidance with respect to the following: - (1) The treatment of patients with post-traumatic stress - disorder who are also experiencing an additional mental health - condition, a substance use disorder, or chronic pain. - (2) The treatment of patients experiencing a mental health - condition, including anxiety, depression, or bipolar disorder, - who are also experiencing a substance use disorder or chronic - pain. - (3) The treatment of patients with traumatic brain injury - who are also experiencing-- - (A) a mental health condition, including post- - traumatic stress disorder, anxiety, depression, or - bipolar disorder; - (B) a substance use disorder; or - (C) chronic pain. - -SEC. 303. UPDATE OF CLINICAL PRACTICE GUIDELINES FOR ASSESSMENT AND - MANAGEMENT OF PATIENTS AT RISK FOR SUICIDE. - + (1) The treatment of patients with post-traumatic stress + disorder who are also experiencing an additional mental health + condition, a substance use disorder, or chronic pain. + (2) The treatment of patients experiencing a mental health + condition, including anxiety, depression, or bipolar disorder, who + are also experiencing a substance use disorder or chronic pain. + (3) The treatment of patients with traumatic brain injury who + are also experiencing-- + (A) a mental health condition, including post-traumatic + stress disorder, anxiety, depression, or bipolar disorder; + (B) a substance use disorder; or + (C) chronic pain. + SEC. 303. UPDATE OF CLINICAL PRACTICE GUIDELINES FOR ASSESSMENT AND + MANAGEMENT OF PATIENTS AT RISK FOR SUICIDE. (a) In General.--In the first publication of the Department of Veterans Affairs and Department of Defense Clinical Practice Guideline for Assessment and Management of Patients at Risk for Suicide published @@ -1472,31 +1339,31 @@ 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 ensure the publication includes the following: - (1) Enhanced guidance with respect to gender-specific-- - (A) risk factors for suicide and suicidal ideation; - (B) treatment efficacy for depression and suicide - prevention; - (C) pharmacotherapy efficacy; and - (D) psychotherapy efficacy. - (2) Guidance with respect to the efficacy of alternative - therapies, other than psychotherapy and pharmacotherapy, - including the following: - (A) Yoga therapy. - (B) Meditation therapy. - (C) Equine therapy. - (D) Other animal therapy. - (E) Training and caring for service dogs. - (F) Agritherapy. - (G) Art therapy. - (H) Outdoor sports therapy. - (I) Music therapy. - (J) 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). + (1) Enhanced guidance with respect to gender-specific-- + (A) risk factors for suicide and suicidal ideation; + (B) treatment efficacy for depression and suicide + prevention; + (C) pharmacotherapy efficacy; and + (D) psychotherapy efficacy. + (2) Guidance with respect to the efficacy of alternative + therapies, other than psychotherapy and pharmacotherapy, including + the following: + (A) Yoga therapy. + (B) Meditation therapy. + (C) Equine therapy. + (D) Other animal therapy. + (E) Training and caring for service dogs. + (F) Agritherapy. + (G) Art therapy. + (H) Outdoor sports therapy. + (I) Music therapy. + (J) 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). (b) 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 @@ -1507,42 +1374,38 @@ 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. 304. ESTABLISHMENT BY DEPARTMENT OF VETERANS AFFAIRS AND - DEPARTMENT OF DEFENSE OF CLINICAL PRACTICE GUIDELINES FOR - THE TREATMENT OF SERIOUS MENTAL ILLNESS. - + SEC. 304. ESTABLISHMENT BY DEPARTMENT OF VETERANS AFFAIRS AND + DEPARTMENT OF DEFENSE OF CLINICAL PRACTICE GUIDELINES FOR THE + TREATMENT OF SERIOUS MENTAL ILLNESS. (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 a clinical practice guideline or guidelines for the treatment of serious mental illness, to include the following conditions: - (1) Schizophrenia. - (2) Schizoaffective disorder. - (3) Persistent mood disorder, including bipolar disorder I - and II. - (4) Any other mental, behavioral, or emotional disorder - resulting in serious functional impairment that substantially - interferes with major life activities as the Secretary of - Veterans Affairs, in consultation with the Secretary of Defense - and the Secretary of Health and Human Services, considers - appropriate. + (1) Schizophrenia. + (2) Schizoaffective disorder. + (3) Persistent mood disorder, including bipolar disorder I and + II. + (4) Any other mental, behavioral, or emotional disorder + resulting in serious functional impairment that substantially + interferes with major life activities as the Secretary of Veterans + Affairs, in consultation with the Secretary of Defense and the + Secretary of Health and Human Services, considers appropriate. (b) Matters Included in Guidelines.--The clinical practice guideline or guidelines developed under subsection (a) shall include the following: - (1) Guidance contained in the 2016 Clinical Practice - Guidelines for the Management of Major Depressive Disorders of - the Department of Veterans Affairs and the Department of - Defense. - (2) Guidance with respect to the treatment of patients with - a condition described in subsection (a). - (3) A list of evidence-based therapies for the treatment of - conditions described in subsection (a). - (4) An appropriate guideline for the administration of - pharmacological therapy, psychological or behavioral therapy, - or other therapy for the management of conditions described in - subsection (a). + (1) Guidance contained in the 2016 Clinical Practice Guidelines + for the Management of Major Depressive Disorders of the Department + of Veterans Affairs and the Department of Defense. + (2) Guidance with respect to the treatment of patients with a + condition described in subsection (a). + (3) A list of evidence-based therapies for the treatment of + conditions described in subsection (a). + (4) An appropriate guideline for the administration of + pharmacological therapy, psychological or behavioral therapy, or + other therapy for the management of conditions described in + subsection (a). (c) Assessment of Existing Guidelines.--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 @@ -1551,34 +1414,31 @@ the 2016 Clinical Practice Guidelines for the Management of Major Depressive Disorders to determine whether an update to such guidelines is necessary. (d) Work Group.-- - (1) Establishment.--The Secretary of Veterans Affairs, the - Secretary of Defense, and the Secretary of Health and Human - Services shall create a work group to develop the clinical - practice guideline or guidelines under subsection (a) to be - known as the ``Serious Mental Illness Work Group'' (in this - subsection referred to as the ``Work Group''). - (2) Membership.--The Work Group created under paragraph (1) - 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 entities: - (A) Academic institutions that specialize in - research for the treatment of conditions described in - subsection (a). - (B) The Health Services Research and Development - Service 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. - (D) The National Institute of Mental Health. - (E) The Indian Health Service. - (F) Relevant organizations with expertise in - researching, diagnosing, or treating conditions - described in subsection (a). - (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. + (1) Establishment.--The Secretary of Veterans Affairs, the + Secretary of Defense, and the Secretary of Health and Human + Services shall create a work group to develop the clinical practice + guideline or guidelines under subsection (a) to be known as the + ``Serious Mental Illness Work Group'' (in this subsection referred + to as the ``Work Group''). + (2) Membership.--The Work Group created under paragraph (1) + 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 entities: + (A) Academic institutions that specialize in research for + the treatment of conditions described in subsection (a). + (B) The Health Services Research and Development Service 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. + (D) The National Institute of Mental Health. + (E) The Indian Health Service. + (F) Relevant organizations with expertise in researching, + diagnosing, or treating conditions described in subsection (a). + (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. (e) 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 @@ -1588,11 +1448,9 @@ practice guideline or 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. 305. PRECISION MEDICINE INITIATIVE OF DEPARTMENT OF VETERANS - AFFAIRS TO IDENTIFY AND VALIDATE BRAIN AND MENTAL HEALTH - BIOMARKERS. - + SEC. 305. PRECISION MEDICINE INITIATIVE OF DEPARTMENT OF VETERANS + AFFAIRS TO IDENTIFY AND VALIDATE BRAIN AND MENTAL HEALTH + BIOMARKERS. (a) In General.--Beginning not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement an initiative of the Department of Veterans @@ -1612,83 +1470,76 @@ resonance imaging and electroencephalogram, and shall coordinate with additional biological methods of analysis utilized in the Million Veterans Program of the Department of Veterans Affairs. (d) Use of Data.-- - (1) Privacy and security.--In carrying out the initiative - under subsection (a), the Secretary shall develop robust data - privacy and security measures, consistent with section 552a of - title 5, United States Code (commonly known as the ``Privacy - Act of 1974''), and regulations promulgated pursuant to the - Health Insurance Portability and Accountability Act of 1996 - (parts 160, 162, and 164 of title 45, Code of Federal - Regulations, or successor regulations) to ensure that - information of veterans participating in the initiative is kept - private and secure. - (2) Consultation with the national institutes of science - and technology.--The Secretary may consult with the National - Institute of Science and Technology in developing the data - privacy and security measures described in paragraph (1). - (3) Access standards.--The Secretary shall provide access - to information under the initiative consistent with the - standards described in section 552a(d)(1) of title 5, United - States Code, and section 164.524 of title 45, Code of Federal - Regulations, or successor regulations. - (4) Open platform.-- - (A) Availability of data.--The Secretary shall make - de-identified data collected under the initiative - available for research purposes to Federal agencies. - (B) Contract.--The Secretary shall contract with - nongovernment entities that comply with requisite data - security measures to make available for research - purposes de-identified data collected under the - initiative. - (C) Assistance.--The Secretary shall provide - assistance to a Federal agency conducting research - using data collected under the initiative at the - request of that agency. - (D) Prohibition on transfer of data.--Federal - agencies may not disclose, transmit, share, sell, - license, or otherwise transfer data collected under the - initiative to any nongovernment entity other than as - allowed under subparagraph (B). - (5) Standardization.-- - (A) In general.--The Secretary shall ensure that - data collected under the initiative is standardized. - (B) Consultation.--The Secretary shall consult with - the National Institutes of Health and the Food and Drug - Administration to determine the most effective, - efficient, and cost-effective way of standardizing data - collected under the initiative. - (C) Manner of standardization.--In consultation - with the National Institute for Science and Technology, - data collected under the initiative shall be - standardized in the manner in which it is collected, - entered into the database, extracted, and recorded. - (6) Measures of brain function or structure.--Any measures - of brain function or structure collected under the initiative - shall be collected with a device that is approved by the Food - and Drug Administration. - (7) De-identified data defined.--In this subsection, the - term ``de-identified data'' means, with respect to data held by - the Department of Veterans Affairs, that the Department-- - (A) alters, anonymizes, or aggregates the data so - that there is a reasonable basis for expecting that the - data could not be linked as a practical matter to a - specific individual; - (B) publicly commits to refrain from attempting to - re-identify the data with a specific individual, and - adopts controls to prevent such identification; and - (C) causes the data to be covered by a contractual - or other legally enforceable prohibition on each entity - to which the Department discloses the data from - attempting to use the data to identify a specific - individual and requires the same of all onward - disclosures. + (1) Privacy and security.--In carrying out the initiative under + subsection (a), the Secretary shall develop robust data privacy and + security measures, consistent with section 552a of title 5, United + States Code (commonly known as the ``Privacy Act of 1974''), and + regulations promulgated pursuant to the Health Insurance + Portability and Accountability Act of 1996 (parts 160, 162, and 164 + of title 45, Code of Federal Regulations, or successor regulations) + to ensure that information of veterans participating in the + initiative is kept private and secure. + (2) Consultation with the national institutes of science and + technology.--The Secretary may consult with the National Institute + of Science and Technology in developing the data privacy and + security measures described in paragraph (1). + (3) Access standards.--The Secretary shall provide access to + information under the initiative consistent with the standards + described in section 552a(d)(1) of title 5, United States Code, and + section 164.524 of title 45, Code of Federal Regulations, or + successor regulations. + (4) Open platform.-- + (A) Availability of data.--The Secretary shall make de- + identified data collected under the initiative available for + research purposes to Federal agencies. + (B) Contract.--The Secretary shall contract with + nongovernment entities that comply with requisite data security + measures to make available for research purposes de-identified + data collected under the initiative. + (C) Assistance.--The Secretary shall provide assistance to + a Federal agency conducting research using data collected under + the initiative at the request of that agency. + (D) Prohibition on transfer of data.--Federal agencies may + not disclose, transmit, share, sell, license, or otherwise + transfer data collected under the initiative to any + nongovernment entity other than as allowed under subparagraph + (B). + (5) Standardization.-- + (A) In general.--The Secretary shall ensure that data + collected under the initiative is standardized. + (B) Consultation.--The Secretary shall consult with the + National Institutes of Health and the Food and Drug + Administration to determine the most effective, efficient, and + cost-effective way of standardizing data collected under the + initiative. + (C) Manner of standardization.--In consultation with the + National Institute for Science and Technology, data collected + under the initiative shall be standardized in the manner in + which it is collected, entered into the database, extracted, + and recorded. + (6) Measures of brain function or structure.--Any measures of + brain function or structure collected under the initiative shall be + collected with a device that is approved by the Food and Drug + Administration. + (7) De-identified data defined.--In this subsection, the term + ``de-identified data'' means, with respect to data held by the + Department of Veterans Affairs, that the Department-- + (A) alters, anonymizes, or aggregates the data so that + there is a reasonable basis for expecting that the data could + not be linked as a practical matter to a specific individual; + (B) publicly commits to refrain from attempting to re- + identify the data with a specific individual, and adopts + controls to prevent such identification; and + (C) causes the data to be covered by a contractual or other + legally enforceable prohibition on each entity to which the + Department discloses the data from attempting to use the data + to identify a specific individual and requires the same of all + onward disclosures. (e) Inclusion of Initiative in Program.--The Secretary shall coordinate efforts of the initiative under subsection (a) with the Million Veterans Program of the Department. - -SEC. 306. STATISTICAL ANALYSES AND DATA EVALUATION BY DEPARTMENT OF - VETERANS AFFAIRS. - + SEC. 306. STATISTICAL ANALYSES AND DATA EVALUATION BY DEPARTMENT OF + VETERANS AFFAIRS. (a) In General.--Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 119. Contracting for statistical analyses and data evaluation @@ -1708,10 +1559,8 @@ new item: TITLE IV--OVERSIGHT OF MENTAL HEALTH CARE AND RELATED SERVICES -SEC. 401. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION AND MENTAL - HEALTH OUTREACH PROGRAMS OF DEPARTMENT OF VETERANS - AFFAIRS. - + SEC. 401. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION AND MENTAL + HEALTH OUTREACH PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with a non-Federal Government entity with expertise @@ -1721,134 +1570,115 @@ outreach materials prepared by the Department of Veterans Affairs and the suicide prevention and mental health outreach campaigns conducted by the Department. (b) Use of Focus Groups.-- - (1) In general.--The Secretary shall convene not fewer than - eight different focus groups to evaluate the effectiveness of - the suicide prevention and mental health materials and - campaigns as required under subsection (a). - (2) Location of focus groups.--Focus groups convened under - paragraph (1) shall be held in geographically diverse areas as - follows: - (A) Not fewer than two in rural or highly rural - areas. - (B) Not fewer than one in each of the four - districts of the Veterans Benefits Administration. - (3) Timing of focus groups.--Focus groups convened under - paragraph (1) shall be held at a variety of dates and times to - ensure an adequate representation of veterans with different - work schedules. - (4) Number of participants.--Each focus group convened - under paragraph (1) shall include not fewer than five and not - more than 12 participants. - (5) Representation.--Each focus group convened under - paragraph (1) shall, to the extent practicable, include - veterans of diverse backgrounds, including-- - (A) veterans of all eras, as determined by the - Secretary; - (B) women veterans; - (C) minority veterans; - (D) Native American veterans, as defined in section - 3765 of title 38, United States Code; - (E) veterans who identify as lesbian, gay, - bisexual, transgender, or queer (commonly referred to - as ``LGBTQ''); - (F) veterans who live in rural or highly rural - areas; - (G) individuals transitioning from active duty in - the Armed Forces to civilian life; and - (H) other high-risk groups of veterans, as - determined by the Secretary. + (1) In general.--The Secretary shall convene not fewer than + eight different focus groups to evaluate the effectiveness of the + suicide prevention and mental health materials and campaigns as + required under subsection (a). + (2) Location of focus groups.--Focus groups convened under + paragraph (1) shall be held in geographically diverse areas as + follows: + (A) Not fewer than two in rural or highly rural areas. + (B) Not fewer than one in each of the four districts of the + Veterans Benefits Administration. + (3) Timing of focus groups.--Focus groups convened under + paragraph (1) shall be held at a variety of dates and times to + ensure an adequate representation of veterans with different work + schedules. + (4) Number of participants.--Each focus group convened under + paragraph (1) shall include not fewer than five and not more than + 12 participants. + (5) Representation.--Each focus group convened under paragraph + (1) shall, to the extent practicable, include veterans of diverse + backgrounds, including-- + (A) veterans of all eras, as determined by the Secretary; + (B) women veterans; + (C) minority veterans; + (D) Native American veterans, as defined in section 3765 of + title 38, United States Code; + (E) veterans who identify as lesbian, gay, bisexual, + transgender, or queer (commonly referred to as ``LGBTQ''); + (F) veterans who live in rural or highly rural areas; + (G) individuals transitioning from active duty in the Armed + Forces to civilian life; and + (H) other high-risk groups of veterans, as determined by + the Secretary. (c) Report.-- - (1) In general.--Not later than 90 days after the last - focus group meeting under subsection (b), the Secretary shall - submit to the Committee on Veterans' Affairs of the Senate and - the Committee on Veterans' Affairs of the House of - Representatives a report on the findings of the focus groups. - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) Based on the findings of the focus groups, an - assessment of the effectiveness of current suicide - prevention and mental health materials and campaigns of - the Department in reaching veterans as a whole as well - as specific groups of veterans (for example, women - veterans). - (B) Based on the findings of the focus groups, - recommendations for future suicide prevention and - mental health materials and campaigns of the Department - to target specific groups of veterans. - (C) A plan to change the current suicide prevention - and mental health materials and campaigns of the - Department or, if the Secretary decides not to change - the current materials and campaigns, an explanation of - the reason for maintaining the current materials and - campaigns. - (D) A description of any dissenting or opposing - viewpoints raised by participants in the focus group. - (E) Such other issues as the Secretary considers - necessary. + (1) In general.--Not later than 90 days after the last focus + group meeting under subsection (b), the Secretary shall submit to + the Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report on + the findings of the focus groups. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) Based on the findings of the focus groups, an + assessment of the effectiveness of current suicide prevention + and mental health materials and campaigns of the Department in + reaching veterans as a whole as well as specific groups of + veterans (for example, women veterans). + (B) Based on the findings of the focus groups, + recommendations for future suicide prevention and mental health + materials and campaigns of the Department to target specific + groups of veterans. + (C) A plan to change the current suicide prevention and + mental health materials and campaigns of the Department or, if + the Secretary decides not to change the current materials and + campaigns, an explanation of the reason for maintaining the + current materials and campaigns. + (D) A description of any dissenting or opposing viewpoints + raised by participants in the focus group. + (E) Such other issues as the Secretary considers necessary. (d) Representative Survey.-- - (1) In general.--Not later than one year after the last - focus group meeting under subsection (b), the Secretary shall - complete a representative survey of the veteran population that - is informed by the focus group data in order to collect - information about the effectiveness of the mental health and - suicide prevention materials and campaigns conducted by the - Department. - (2) Veterans surveyed.-- - (A) In general.--Veterans surveyed under paragraph - (1) shall include veterans described in subsection - (b)(5). - (B) Disaggregation of data.--Data of veterans - surveyed under paragraph (1) shall be disaggregated - by-- - (i) veterans who have received care from - the Department during the two-year period - preceding the survey; and - (ii) veterans who have not received care - from the Department during the two-year period - preceding the survey. + (1) In general.--Not later than one year after the last focus + group meeting under subsection (b), the Secretary shall complete a + representative survey of the veteran population that is informed by + the focus group data in order to collect information about the + effectiveness of the mental health and suicide prevention materials + and campaigns conducted by the Department. + (2) Veterans surveyed.-- + (A) In general.--Veterans surveyed under paragraph (1) + shall include veterans described in subsection (b)(5). + (B) Disaggregation of data.--Data of veterans surveyed + under paragraph (1) shall be disaggregated by-- + (i) veterans who have received care from the Department + during the two-year period preceding the survey; and + (ii) veterans who have not received care from the + Department during the two-year period preceding the survey. (e) Treatment of Contracts for Suicide Prevention and Mental Health Outreach Media.-- - (1) Focus groups.-- - (A) In general.--The Secretary shall include in - each contract to develop media relating to suicide - prevention and mental health materials and campaigns a - requirement that the contractor convene focus groups of - veterans to assess the effectiveness of suicide - prevention and mental health outreach. - (B) Representation.--Each focus group required - under subparagraph (A) shall, to the extent - practicable, include veterans of diverse backgrounds, - including-- - (i) veterans of all eras, as determined by - the Secretary; - (ii) women veterans; - (iii) minority veterans; - (iv) Native American veterans, as defined - in section 3765 of title 38, United States - Code; - (v) veterans who identify as lesbian, gay, - bisexual, transgender, or queer (commonly - referred to as ``LGBTQ''); - (vi) veterans who live in rural or highly - rural areas; - (vii) individuals transitioning from active - duty in the Armed Forces to civilian life; and - (viii) other high-risk groups of veterans, - as determined by the Secretary. - (2) Subcontracting.-- - (A) In general.--The Secretary shall include in - each contract described in paragraph (1)(A) a - requirement that, if the contractor subcontracts for - the development of media, the contractor shall - subcontract with a subcontractor that has experience - creating impactful media campaigns that target - individuals age 18 to 34. - (B) Budget limitation.--Not more than two percent - of the budget of the Office of Mental Health and - Suicide Prevention of the Department for contractors - for suicide prevention and mental health media outreach - shall go to subcontractors described in subparagraph - (A). + (1) Focus groups.-- + (A) In general.--The Secretary shall include in each + contract to develop media relating to suicide prevention and + mental health materials and campaigns a requirement that the + contractor convene focus groups of veterans to assess the + effectiveness of suicide prevention and mental health outreach. + (B) Representation.--Each focus group required under + subparagraph (A) shall, to the extent practicable, include + veterans of diverse backgrounds, including-- + (i) veterans of all eras, as determined by the + Secretary; + (ii) women veterans; + (iii) minority veterans; + (iv) Native American veterans, as defined in section + 3765 of title 38, United States Code; + (v) veterans who identify as lesbian, gay, bisexual, + transgender, or queer (commonly referred to as ``LGBTQ''); + (vi) veterans who live in rural or highly rural areas; + (vii) individuals transitioning from active duty in the + Armed Forces to civilian life; and + (viii) other high-risk groups of veterans, as + determined by the Secretary. + (2) Subcontracting.-- + (A) In general.--The Secretary shall include in each + contract described in paragraph (1)(A) a requirement that, if + the contractor subcontracts for the development of media, the + contractor shall subcontract with a subcontractor that has + experience creating impactful media campaigns that target + individuals age 18 to 34. + (B) Budget limitation.--Not more than two percent of the + budget of the Office of Mental Health and Suicide Prevention of + the Department for contractors for suicide prevention and + mental health media outreach shall go to subcontractors + described in subparagraph (A). (f) Paperwork Reduction Act Exemption.--Chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act'') shall not apply to any rulemaking or information collection required @@ -1857,77 +1687,77 @@ under this section. to an area, the terms ``rural'' and ``highly rural'' have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture. + SEC. 402. OVERSIGHT OF MENTAL HEALTH AND SUICIDE PREVENTION MEDIA + OUTREACH CONDUCTED BY DEPARTMENT OF VETERANS AFFAIRS. + (a) Establishment of Goals.-- + (1) In general.--The Secretary of Veterans Affairs shall + establish goals for the mental health and suicide prevention media + outreach campaigns of the Department of Veterans Affairs, which + shall include the establishment of targets, metrics, and action + plans to describe and assess those campaigns. + (2) Use of metrics.-- + (A) In general.--The goals established under paragraph (1) + shall be measured by metrics specific to different media types. + (B) Factors to consider.--In using metrics under + subparagraph (A), the Secretary shall determine the best + methodological approach for each media type and shall consider + the following: + (i) Metrics relating to social media, which may include + the following: -SEC. 402. OVERSIGHT OF MENTAL HEALTH AND SUICIDE PREVENTION MEDIA - OUTREACH CONDUCTED BY DEPARTMENT OF VETERANS AFFAIRS. + (I) Impressions. + (II) Reach. + (III) Engagement rate. + (IV) Such other metrics as the Secretary considers + necessary. - (a) Establishment of Goals.-- - (1) In general.--The Secretary of Veterans Affairs shall - establish goals for the mental health and suicide prevention - media outreach campaigns of the Department of Veterans Affairs, - which shall include the establishment of targets, metrics, and - action plans to describe and assess those campaigns. - (2) Use of metrics.-- - (A) In general.--The goals established under - paragraph (1) shall be measured by metrics specific to - different media types. - (B) Factors to consider.--In using metrics under - subparagraph (A), the Secretary shall determine the - best methodological approach for each media type and - shall consider the following: - (i) Metrics relating to social media, which - may include the following: - (I) Impressions. - (II) Reach. - (III) Engagement rate. - (IV) Such other metrics as the - Secretary considers necessary. - (ii) Metrics relating to television, which - may include the following: - (I) Nielsen ratings. - (II) Such other metrics as the - Secretary considers necessary. - (iii) Metrics relating to email, which may - include the following: - (I) Open rate. - (II) Response rate. - (III) Click rate. - (IV) Such other metrics as the - Secretary considers necessary. - (C) Update.--The Secretary shall periodically - update the metrics under subparagraph (B) as more - accurate metrics become available. - (3) Targets.--The Secretary shall establish targets to - track the metrics used under paragraph (2). - (4) Consultation.--In establishing goals under paragraph - (1), the Secretary shall consult with the following: - (A) Relevant stakeholders, such as organizations - that represent veterans, as determined by the - Secretary. - (B) Mental health and suicide prevention experts. - (C) Such other persons as the Secretary considers - appropriate. - (5) Initial report.--Not later than 180 days after the date - of the enactment of this Act, the Secretary shall submit to the - Committee on Veterans' Affairs of the Senate and the Committee - on Veterans' Affairs of the House of Representatives a report - detailing the goals established under paragraph (1) for the - mental health and suicide prevention media outreach campaigns - of the Department, including the metrics and targets for such - metrics by which those goals are to be measured under - paragraphs (2) and (3). - (6) Annual report.--Not later than one year after the - submittal of the report under paragraph (5), and annually - thereafter, the Secretary shall submit to the Committee on - Veterans' Affairs of the Senate and the Committee on Veterans' - Affairs of the House of Representatives a report detailing-- - (A) the progress of the Department in meeting the - goals established under paragraph (1) and the targets - established under paragraph (3); and - (B) a description of action to be taken by the - Department to modify mental health and suicide - prevention media outreach campaigns if those goals and - targets are not being met. + (ii) Metrics relating to television, which may include + the following: + + (I) Nielsen ratings. + (II) Such other metrics as the Secretary considers + necessary. + + (iii) Metrics relating to email, which may include the + following: + + (I) Open rate. + (II) Response rate. + (III) Click rate. + (IV) Such other metrics as the Secretary considers + necessary. + + (C) Update.--The Secretary shall periodically update the + metrics under subparagraph (B) as more accurate metrics become + available. + (3) Targets.--The Secretary shall establish targets to track + the metrics used under paragraph (2). + (4) Consultation.--In establishing goals under paragraph (1), + the Secretary shall consult with the following: + (A) Relevant stakeholders, such as organizations that + represent veterans, as determined by the Secretary. + (B) Mental health and suicide prevention experts. + (C) Such other persons as the Secretary considers + appropriate. + (5) Initial report.--Not later than 180 days after the date of + the enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report + detailing the goals established under paragraph (1) for the mental + health and suicide prevention media outreach campaigns of the + Department, including the metrics and targets for such metrics by + which those goals are to be measured under paragraphs (2) and (3). + (6) Annual report.--Not later than one year after the submittal + of the report under paragraph (5), and annually thereafter, the + Secretary shall submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a report detailing-- + (A) the progress of the Department in meeting the goals + established under paragraph (1) and the targets established + under paragraph (3); and + (B) a description of action to be taken by the Department + to modify mental health and suicide prevention media outreach + campaigns if those goals and targets are not being met. (b) Report on Use of Funds by Office of Mental Health and Suicide Prevention.--Not later than 180 days after the date of the enactment of this Act, and semiannually thereafter, the Secretary shall submit to @@ -1937,11 +1767,9 @@ Veterans' Affairs of the House of Representatives a report containing the expenditures and obligations of the Office of Mental Health and Suicide Prevention of the Veterans Health Administration during the period covered by the report. - -SEC. 403. COMPTROLLER GENERAL MANAGEMENT REVIEW OF MENTAL HEALTH AND - SUICIDE PREVENTION SERVICES OF DEPARTMENT OF VETERANS - AFFAIRS. - + SEC. 403. COMPTROLLER GENERAL MANAGEMENT REVIEW OF MENTAL HEALTH + AND SUICIDE PREVENTION SERVICES OF DEPARTMENT OF VETERANS + AFFAIRS. (a) In General.--Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and @@ -1950,336 +1778,295 @@ management review of the mental health and suicide prevention services provided by the Department of Veterans Affairs. (b) Elements.--The management review required by subsection (a) shall include the following: - (1) An assessment of the infrastructure under the control - of or available to the Office of Mental Health and Suicide - Prevention of the Department of Veterans Affairs or available - to the Department of Veterans Affairs for suicide prevention - efforts not operated by the Office of Mental Health and Suicide - Prevention. - (2) A description of the management and organizational - structure of the Office of Mental Health and Suicide - Prevention, including roles and responsibilities for each - position. - (3) A description of the operational policies and processes - of the Office of Mental Health and Suicide Prevention. - (4) An assessment of suicide prevention practices and - initiatives available from the Department and through community - partnerships. - (5) An assessment of the staffing levels at the Office of - Mental Health and Suicide Prevention, disaggregated by type of - position, and including the location of any staffing - deficiencies. - (6) An assessment of the Nurse Advice Line pilot program - conducted by the Department. - (7) An assessment of recruitment initiatives in rural areas - for mental health professionals of the Department. - (8) An assessment of strategic planning conducted by the - Office of Mental Health and Suicide Prevention. - (9) An assessment of the communication, and the - effectiveness of such communication-- - (A) within the central office of the Office of - Mental Health and Suicide Prevention; - (B) between that central office and any staff - member or office in the field, including chaplains, - attorneys, law enforcement personnel, and volunteers; - and - (C) between that central office, local facilities - of the Department, and community partners of the - Department, including first responders, community - support groups, and health care industry partners. - (10) An assessment of how effectively the Office of Mental - Health and Suicide Prevention implements operational policies - and procedures. - (11) An assessment of how the Department of Veterans - Affairs and the Department of Defense coordinate suicide - prevention efforts, and recommendations on how the Department - of Veterans Affairs and Department of Defense can more - effectively coordinate those efforts. - (12) An assessment of such other areas as the Comptroller - General considers appropriate to study. - -SEC. 404. COMPTROLLER GENERAL REPORT ON EFFORTS OF DEPARTMENT OF - VETERANS AFFAIRS TO INTEGRATE MENTAL HEALTH CARE INTO - PRIMARY CARE CLINICS. - + (1) An assessment of the infrastructure under the control of or + available to the Office of Mental Health and Suicide Prevention of + the Department of Veterans Affairs or available to the Department + of Veterans Affairs for suicide prevention efforts not operated by + the Office of Mental Health and Suicide Prevention. + (2) A description of the management and organizational + structure of the Office of Mental Health and Suicide Prevention, + including roles and responsibilities for each position. + (3) A description of the operational policies and processes of + the Office of Mental Health and Suicide Prevention. + (4) An assessment of suicide prevention practices and + initiatives available from the Department and through community + partnerships. + (5) An assessment of the staffing levels at the Office of + Mental Health and Suicide Prevention, disaggregated by type of + position, and including the location of any staffing deficiencies. + (6) An assessment of the Nurse Advice Line pilot program + conducted by the Department. + (7) An assessment of recruitment initiatives in rural areas for + mental health professionals of the Department. + (8) An assessment of strategic planning conducted by the Office + of Mental Health and Suicide Prevention. + (9) An assessment of the communication, and the effectiveness + of such communication-- + (A) within the central office of the Office of Mental + Health and Suicide Prevention; + (B) between that central office and any staff member or + office in the field, including chaplains, attorneys, law + enforcement personnel, and volunteers; and + (C) between that central office, local facilities of the + Department, and community partners of the Department, including + first responders, community support groups, and health care + industry partners. + (10) An assessment of how effectively the Office of Mental + Health and Suicide Prevention implements operational policies and + procedures. + (11) An assessment of how the Department of Veterans Affairs + and the Department of Defense coordinate suicide prevention + efforts, and recommendations on how the Department of Veterans + Affairs and Department of Defense can more effectively coordinate + those efforts. + (12) An assessment of such other areas as the Comptroller + General considers appropriate to study. + SEC. 404. COMPTROLLER GENERAL REPORT ON EFFORTS OF DEPARTMENT OF + VETERANS AFFAIRS TO INTEGRATE MENTAL HEALTH CARE INTO PRIMARY + CARE CLINICS. (a) Initial Report.-- - (1) In general.--Not later than two years after the date of - the enactment of this Act, the Comptroller General of the - United States shall submit to the Committee on Veterans' - Affairs of the Senate and the Committee on Veterans' Affairs of - the House of Representatives a report on the efforts of the - Department of Veterans Affairs to integrate mental health care - into primary care clinics of the Department. - (2) Elements.--The report required by subsection (a) shall - include the following: - (A) An assessment of the efforts of the Department - to integrate mental health care into primary care - clinics of the Department. - (B) An assessment of the effectiveness of such - efforts. - (C) An assessment of how the health care of - veterans is impacted by such integration. - (D) A description of how care is coordinated by the - Department between specialty mental health care and - primary care, including a description of the following: - (i) How documents and patient information - are transferred and the effectiveness of those - transfers. - (ii) How care is coordinated when veterans - must travel to different facilities of the - Department. - (iii) How a veteran is reintegrated into - primary care after receiving in-patient mental - health care. - (E) An assessment of how the integration of mental - health care into primary care clinics is implemented at - different types of facilities of the Department. - (F) Such recommendations on how the Department can - better integrate mental health care into primary care - clinics as the Comptroller General considers - appropriate. - (G) An assessment of such other areas as the - Comptroller General considers appropriate to study. + (1) In general.--Not later than two years after the date of the + enactment of this Act, the Comptroller General of the United States + shall submit to the Committee on Veterans' Affairs of the Senate + and the Committee on Veterans' Affairs of the House of + Representatives a report on the efforts of the Department of + Veterans Affairs to integrate mental health care into primary care + clinics of the Department. + (2) Elements.--The report required by subsection (a) shall + include the following: + (A) An assessment of the efforts of the Department to + integrate mental health care into primary care clinics of the + Department. + (B) An assessment of the effectiveness of such efforts. + (C) An assessment of how the health care of veterans is + impacted by such integration. + (D) A description of how care is coordinated by the + Department between specialty mental health care and primary + care, including a description of the following: + (i) How documents and patient information are + transferred and the effectiveness of those transfers. + (ii) How care is coordinated when veterans must travel + to different facilities of the Department. + (iii) How a veteran is reintegrated into primary care + after receiving in-patient mental health care. + (E) An assessment of how the integration of mental health + care into primary care clinics is implemented at different + types of facilities of the Department. + (F) Such recommendations on how the Department can better + integrate mental health care into primary care clinics as the + Comptroller General considers appropriate. + (G) An assessment of such other areas as the Comptroller + General considers appropriate to study. (b) Community Care Integration Report.-- - (1) In general.--Not later than two years after the date on - which the Comptroller General submits the report required under - subsection (a)(1), the Comptroller General shall submit to the - Committee on Veterans' Affairs of the Senate and the Committee - on Veterans' Affairs of the House of Representatives a report - on the efforts of the Department to integrate community-based - mental health care into the Veterans Health Administration. - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) An assessment of the efforts of the Department - to integrate community-based mental health care into - the Veterans Health Administration. - (B) An assessment of the effectiveness of such - efforts. - (C) An assessment of how the health care of - veterans is impacted by such integration. - (D) A description of how care is coordinated - between providers of community-based mental health care - and the Veterans Health Administration, including a - description of how documents and patient information - are transferred and the effectiveness of those - transfers between-- - (i) the Veterans Health Administration and - providers of community-based mental health - care; and - (ii) providers of community-based mental - health care and the Veterans Health - Administration. - (E) An assessment of any disparities in the - coordination of community-based mental health care into - the Veterans Health Administration by location and type - of facility. - (F) An assessment of the military cultural - competency of health care providers providing - community-based mental health care to veterans. - (G) Such recommendations on how the Department can - better integrate community-based mental health care - into the Veterans Health Administration as the - Comptroller General considers appropriate. - (H) An assessment of such other areas as the - Comptroller General considers appropriate to study. - (3) Community-based mental health care defined.--In this - subsection, the term ``community-based mental health care'' - means mental health care paid for by the Department but - provided by a non-Department health care provider at a non- - Department facility, including care furnished under section - 1703 of title 38, United States Code (as in effect on the date - specified in section 101(b) of the Caring for Our Veterans Act - of 2018 (title I of Public Law 115-182)). - -SEC. 405. JOINT MENTAL HEALTH PROGRAMS BY DEPARTMENT OF VETERANS - AFFAIRS AND DEPARTMENT OF DEFENSE. - + (1) In general.--Not later than two years after the date on + which the Comptroller General submits the report required under + subsection (a)(1), the Comptroller General shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report on the + efforts of the Department to integrate community-based mental + health care into the Veterans Health Administration. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) An assessment of the efforts of the Department to + integrate community-based mental health care into the Veterans + Health Administration. + (B) An assessment of the effectiveness of such efforts. + (C) An assessment of how the health care of veterans is + impacted by such integration. + (D) A description of how care is coordinated between + providers of community-based mental health care and the + Veterans Health Administration, including a description of how + documents and patient information are transferred and the + effectiveness of those transfers between-- + (i) the Veterans Health Administration and providers of + community-based mental health care; and + (ii) providers of community-based mental health care + and the Veterans Health Administration. + (E) An assessment of any disparities in the coordination of + community-based mental health care into the Veterans Health + Administration by location and type of facility. + (F) An assessment of the military cultural competency of + health care providers providing community-based mental health + care to veterans. + (G) Such recommendations on how the Department can better + integrate community-based mental health care into the Veterans + Health Administration as the Comptroller General considers + appropriate. + (H) An assessment of such other areas as the Comptroller + General considers appropriate to study. + (3) Community-based mental health care defined.--In this + subsection, the term ``community-based mental health care'' means + mental health care paid for by the Department but provided by a + non-Department health care provider at a non-Department facility, + including care furnished under section 1703 of title 38, United + States Code (as in effect on the date specified in section 101(b) + of the Caring for Our Veterans Act of 2018 (title I of Public Law + 115-182)). + SEC. 405. 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 one year 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 Veterans' Affairs and the - Committee on Armed Services of the Senate and the Committee on - Veterans' Affairs and the Committee on Armed Services 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.--The 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 and non-clinical mental - health initiatives, including 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, to include post-traumatic stress - disorder, depression, anxiety, bipolar - disorder, traumatic brain injury, suicidal - ideation, and any other issues or conditions as - the Secretary of Veterans Affairs considers - necessary. - (B) A description of mental health programs - operated by the Department of Defense, including the - following: - (i) Transition assistance programs. - (ii) Clinical and non-clinical mental - health initiatives, including the National - Intrepid Center of Excellence and the Intrepid - Spirit Centers. - (iii) Programs that may secondarily improve - mental health, including employment, housing - assistance, and financial literacy programs. - (iv) Research into mental health issues and - conditions, to include post-traumatic stress - disorder, depression, anxiety, bipolar - disorder, traumatic brain injury, suicidal - ideation, and any other issues or conditions as - the Secretary of Defense considers necessary. - (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 and non-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, to include post-traumatic stress - disorder, depression, anxiety, bipolar - disorder, traumatic brain injury, suicidal - ideation, and completed suicides, including - through the use of the joint suicide data - repository of the Department of Veterans - Affairs and the Department of Defense, and any - other issues or conditions as the Secretary of - Veterans Affairs and the Secretary of Defense - consider necessary. - (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. + (1) In general.--Not later than one year 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 Veterans' Affairs and the Committee on Armed Services + of the Senate and the Committee on Veterans' Affairs and the + Committee on Armed Services 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.--The 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 and non-clinical mental health + initiatives, including 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, + to include post-traumatic stress disorder, depression, + anxiety, bipolar disorder, traumatic brain injury, suicidal + ideation, and any other issues or conditions as the + Secretary of Veterans Affairs considers necessary. + (B) A description of mental health programs operated by the + Department of Defense, including the following: + (i) Transition assistance programs. + (ii) Clinical and non-clinical mental health + initiatives, including the National Intrepid Center of + Excellence and the Intrepid Spirit Centers. + (iii) Programs that may secondarily improve mental + health, including employment, housing assistance, and + financial literacy programs. + (iv) Research into mental health issues and conditions, + to include post-traumatic stress disorder, depression, + anxiety, bipolar disorder, traumatic brain injury, suicidal + ideation, and any other issues or conditions as the + Secretary of Defense considers necessary. + (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 and non-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, + to include post-traumatic stress disorder, depression, + anxiety, bipolar disorder, traumatic brain injury, suicidal + ideation, and completed suicides, including through the use + of the joint suicide data repository of the Department of + Veterans Affairs and the Department of Defense, and any + other issues or conditions as the Secretary of Veterans + Affairs and the Secretary of Defense consider necessary. + (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) Evaluation of Collaborative Efforts of Department of Veterans Affairs and Department of Defense and Alternatives of Analysis to Establish a Joint VA/DOD Intrepid Spirit Center.-- - (1) In general.--The Secretary of Veterans Affairs, in - coordination with the Secretary of Defense, shall evaluate the - current ongoing collaborative efforts of the Department of - Veterans Affairs and the Department of Defense related to post- - traumatic stress disorder and traumatic brain injury care, - research, and education to improve the quality of and access to - such care and seek potential new collaborative efforts to - improve and expand such care for veterans and members of the - Armed Forces in a joint Department of Veterans Affairs/ - Department of Defense Intrepid Spirit Center that serves active - duty members of the Armed Forces, members of the reserve - components of the Armed Forces, and veterans for mutual benefit - and growth in treatment and care. - (2) Alternatives of analysis.-- - (A) In general.--The evaluation required under - paragraph (1) shall include an alternatives of analysis - to establish the joint Department of Veterans Affairs/ - Department of Defense Intrepid Spirit Center described - in paragraph (1). - (B) Elements.--The alternatives of analysis - required under subparagraph (A) with respect to the - establishment of the joint Department of Veterans - Affairs/Department of Defense Intrepid Spirit Center - described in paragraph (1) shall provide alternatives - and recommendations that consider information - including-- - (i) colocation of the center on an - installation of the Department of Defense or - property of a medical center of the Department - of Veterans Affairs; - (ii) consideration of a rural or highly - rural area to establish the center that may - include colocation described in clause (i); - (iii) geographic distance from existing or - planned Intrepid Spirit Centers of the - Department of Defense or other such facilities - of the Department of Veterans Affairs or the - Department of Defense that furnish care for - post-traumatic stress disorder or traumatic - brain injury; and - (iv) the potential role for private - entities and philanthropic organizations in - carrying out the activities of the center. - (3) Report to congress.--Not later than 270 days after the - date of the enactment of this Act, the Secretary of Veterans - Affairs shall submit to the Committee on Veterans' Affairs of - the Senate and the Committee on Veterans' Affairs of the House - of Representatives a report that includes-- - (A) a summary of the evaluation required under - paragraph (1); and - (B) the alternatives of analysis required under - paragraph (2). - (4) Rural and highly rural defined.--In this subsection, - with respect to an area, the terms ``rural'' and ``highly - rural'' have the meanings given those terms in the Rural-Urban - Commuting Areas coding system of the Department of Agriculture. + (1) In general.--The Secretary of Veterans Affairs, in + coordination with the Secretary of Defense, shall evaluate the + current ongoing collaborative efforts of the Department of Veterans + Affairs and the Department of Defense related to post-traumatic + stress disorder and traumatic brain injury care, research, and + education to improve the quality of and access to such care and + seek potential new collaborative efforts to improve and expand such + care for veterans and members of the Armed Forces in a joint + Department of Veterans Affairs/Department of Defense Intrepid + Spirit Center that serves active duty members of the Armed Forces, + members of the reserve components of the Armed Forces, and veterans + for mutual benefit and growth in treatment and care. + (2) Alternatives of analysis.-- + (A) In general.--The evaluation required under paragraph + (1) shall include an alternatives of analysis to establish the + joint Department of Veterans Affairs/Department of Defense + Intrepid Spirit Center described in paragraph (1). + (B) Elements.--The alternatives of analysis required under + subparagraph (A) with respect to the establishment of the joint + Department of Veterans Affairs/Department of Defense Intrepid + Spirit Center described in paragraph (1) shall provide + alternatives and recommendations that consider information + including-- + (i) colocation of the center on an installation of the + Department of Defense or property of a medical center of + the Department of Veterans Affairs; + (ii) consideration of a rural or highly rural area to + establish the center that may include colocation described + in clause (i); + (iii) geographic distance from existing or planned + Intrepid Spirit Centers of the Department of Defense or + other such facilities of the Department of Veterans Affairs + or the Department of Defense that furnish care for post- + traumatic stress disorder or traumatic brain injury; and + (iv) the potential role for private entities and + philanthropic organizations in carrying out the activities + of the center. + (3) Report to congress.--Not later than 270 days after the date + of the enactment of this Act, the Secretary of Veterans Affairs + shall submit to the Committee on Veterans' Affairs of the Senate + and the Committee on Veterans' Affairs of the House of + Representatives a report that includes-- + (A) a summary of the evaluation required under paragraph + (1); and + (B) the alternatives of analysis required under paragraph + (2). + (4) Rural and highly rural defined.--In this subsection, with + respect to an area, the terms ``rural'' and ``highly rural'' have + the meanings given those terms in the Rural-Urban Commuting Areas + coding system of the Department of Agriculture. TITLE V--IMPROVEMENT OF MENTAL HEALTH MEDICAL WORKFORCE -SEC. 501. STAFFING IMPROVEMENT PLAN FOR MENTAL HEALTH PROVIDERS OF - DEPARTMENT OF VETERANS AFFAIRS. - + SEC. 501. STAFFING IMPROVEMENT PLAN FOR MENTAL HEALTH PROVIDERS OF + DEPARTMENT OF VETERANS AFFAIRS. (a) Staffing Plan.-- - (1) In general.--Not later than one year after the date of - the enactment of this Act, the Secretary of Veterans Affairs, - in consultation with the Inspector General of the Department of - Veterans Affairs, shall submit to the Committee on Veterans' - Affairs of the Senate and the Committee on Veterans' Affairs of - the House of Representatives a plan to address staffing of - mental health providers of the Department of Veterans Affairs, - including filling any open positions. - (2) Elements.--The plan required by paragraph (1) shall - include the following: - (A) An estimate of the number of positions for - mental health providers of the Department that need to - be filled to meet demand. - (B) An identification of the steps that the - Secretary will take to address mental health staffing - for the Department. - (C) A description of any region-specific hiring - incentives to be used by the Secretary in consultation - with the directors of Veterans Integrated Service - Networks and medical centers of the Department. - (D) A description of any local retention or - engagement incentives to be used by directors of - Veterans Integrated Service Networks. - (E) Such recommendations for legislative or - administrative action as the Secretary considers - necessary to aid in addressing mental health staffing - for the Department. - (3) Report.--Not later than one year after the submittal of - the plan required by paragraph (1), the Secretary shall submit - to the Committee on Veterans' Affairs of the Senate and the - Committee on Veterans' Affairs of the House of Representatives - a report setting forth the number of mental health providers - hired by the Department during the one-year period preceding - the submittal of the report. + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary of Veterans Affairs, in + consultation with the Inspector General of the Department of + Veterans Affairs, shall submit to the Committee on Veterans' + Affairs of the Senate and the Committee on Veterans' Affairs of the + House of Representatives a plan to address staffing of mental + health providers of the Department of Veterans Affairs, including + filling any open positions. + (2) Elements.--The plan required by paragraph (1) shall include + the following: + (A) An estimate of the number of positions for mental + health providers of the Department that need to be filled to + meet demand. + (B) An identification of the steps that the Secretary will + take to address mental health staffing for the Department. + (C) A description of any region-specific hiring incentives + to be used by the Secretary in consultation with the directors + of Veterans Integrated Service Networks and medical centers of + the Department. + (D) A description of any local retention or engagement + incentives to be used by directors of Veterans Integrated + Service Networks. + (E) Such recommendations for legislative or administrative + action as the Secretary considers necessary to aid in + addressing mental health staffing for the Department. + (3) Report.--Not later than one year after the submittal of the + plan required by paragraph (1), the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report setting + forth the number of mental health providers hired by the Department + during the one-year period preceding the submittal of the report. (b) Occupational Series for Certain Mental Health Providers.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Office of Personnel Management, shall develop an occupational series for licensed professional mental health counselors and marriage and family therapists of the Department of Veterans Affairs. - -SEC. 502. ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS READJUSTMENT - COUNSELING SERVICE SCHOLARSHIP PROGRAM. - + SEC. 502. ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS + READJUSTMENT COUNSELING SERVICE SCHOLARSHIP PROGRAM. (a) In General.--Chapter 76 of title 38, United States Code, is amended by inserting after subchapter VIII the following new subchapter: @@ -2296,42 +2083,40 @@ referred to as the `Program'). ``(a) In General.--An individual is eligible to participate in the Program, as determined by the Readjustment Counseling Service of the Department, if the individual-- - ``(1) is accepted for enrollment or enrolled (as described - in section 7602 of this title) in a program of study at an - accredited educational institution, school, or training program - leading to a terminal degree in psychology, social work, - marriage and family therapy, or mental health counseling that - would meet the education requirements for appointment to a - position under section 7402(b) of this title; and - ``(2) enters into an agreement with the Secretary under - subsection (c). + ``(1) is accepted for enrollment or enrolled (as described in + section 7602 of this title) in a program of study at an accredited + educational institution, school, or training program leading to a + terminal degree in psychology, social work, marriage and family + therapy, or mental health counseling that would meet the education + requirements for appointment to a position under section 7402(b) of + this title; and + ``(2) enters into an agreement with the Secretary under + subsection (c). ``(b) Priority.--In selecting individuals to participate in the Program, the Secretary shall give priority to the following individuals: - ``(1) An individual who agrees to be employed by a Vet - Center located in a community that is-- - ``(A) designated as a medically underserved - population under section 330(b)(3) of the Public Health - Service Act (42 U.S.C. 254b(b)(3)); and - ``(B) in a State with a per capita population of - veterans of more than five percent according to the - National Center for Veterans Analysis and Statistics - and the Bureau of the Census. - ``(2) An individual who is a veteran. + ``(1) An individual who agrees to be employed by a Vet Center + located in a community that is-- + ``(A) designated as a medically underserved population + under section 330(b)(3) of the Public Health Service Act (42 + U.S.C. 254b(b)(3)); and + ``(B) in a State with a per capita population of veterans + of more than five percent according to the National Center for + Veterans Analysis and Statistics and the Bureau of the Census. + ``(2) An individual who is a veteran. ``(c) Agreement.--An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in section 7604 of this title) include the following: - ``(1) An agreement by the Secretary to provide the - participant with a scholarship under the Program for a - specified number of school years during which the participant - pursues a program of study described in subsection (a)(1) that - meets the requirements set forth in section 7602(a) of this - title. - ``(2) An agreement by the participant to serve as a full- - time employee of the Department at a Vet Center for a six-year - period following the completion by the participant of such - program of study (in this subchapter referred to as the `period - of obligated service'). + ``(1) An agreement by the Secretary to provide the participant + with a scholarship under the Program for a specified number of + school years during which the participant pursues a program of + study described in subsection (a)(1) that meets the requirements + set forth in section 7602(a) of this title. + ``(2) An agreement by the participant to serve as a full-time + employee of the Department at a Vet Center for a six-year period + following the completion by the participant of such program of + study (in this subchapter referred to as the `period of obligated + service'). ``(d) Vet Center Defined.--In this section, the term `Vet Center' has the meaning given that term in section 1712A(h) of this title. ``Sec. 7699A. Obligated service @@ -2362,15 +2147,15 @@ agreement. subsection (d), a participant in the Program shall be liable to the United States for the amount which has been paid to or on behalf of the participant under the agreement if any of the following occurs: - ``(A) The participant fails to maintain an acceptable level - of academic standing in the educational institution in which - the participant is enrolled (as determined by the educational - institution under regulations prescribed by the Secretary). - ``(B) The participant is dismissed from such educational - institution for disciplinary reasons. - ``(C) The participant voluntarily terminates the program of - study in such educational institution before the completion of - such program of study. + ``(A) The participant fails to maintain an acceptable level of + academic standing in the educational institution in which the + participant is enrolled (as determined by the educational + institution under regulations prescribed by the Secretary). + ``(B) The participant is dismissed from such educational + institution for disciplinary reasons. + ``(C) The participant voluntarily terminates the program of + study in such educational institution before the completion of such + program of study. ``(2) Liability under this subsection is in lieu of any service obligation arising under the agreement. ``(c) Liability During Period of Obligated Service.--(1) Except as @@ -2379,20 +2164,19 @@ complete the period of obligated service of the participant, the United States shall be entitled to recover from the participant an amount determined in accordance with the following formula: A = 3F(t-s/t). ``(2) In the formula in paragraph (1): - ``(A) `A' is the amount the United States is entitled to - recover. - ``(B) `F' is the sum of-- - ``(i) the amounts paid under this subchapter to or - on behalf of the participant; and - ``(ii) the interest on such amounts which would be - payable if at the time the amounts were paid they were - loans bearing interest at the maximum legal prevailing - rate, as determined by the Treasurer of the United - States. - ``(C) `t' is the total number of months in the period of - obligated service of the participant. - ``(D) `s' is the number of months of such period served by - the participant. + ``(A) `A' is the amount the United States is entitled to + recover. + ``(B) `F' is the sum of-- + ``(i) the amounts paid under this subchapter to or on + behalf of the participant; and + ``(ii) the interest on such amounts which would be payable + if at the time the amounts were paid they were loans bearing + interest at the maximum legal prevailing rate, as determined by + the Treasurer of the United States. + ``(C) `t' is the total number of months in the period of + obligated service of the participant. + ``(D) `s' is the number of months of such period served by the + participant. ``(d) Limitation on Liability for Reductions-in-force.--Liability shall not arise under subsection (c) if the participant fails to maintain employment as a Department employee due to a staffing @@ -2402,49 +2186,43 @@ the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement.''. (b) Conforming and Technical Amendments.-- - (1) Conforming amendments.-- - (A) Establishment of program.--Section 7601(a) of - such title is amended-- - (i) in paragraph (5), by striking ``and''; - (ii) in paragraph (6), by striking the - period and inserting ``; and''; and - (iii) by adding at the end the following - new paragraph: - ``(7) the readjustment counseling service scholarship - program provided for in subchapter IX of this chapter.''. - (B) Eligibility.--Section 7602 of such title is - amended-- - (i) in subsection (a)(1)-- - (I) by striking ``or VI'' and - inserting ``VI, or IX''; and - (II) by striking ``subchapter VI'' - and inserting ``subchapter VI or IX''; - and - (ii) in subsection (b), by striking ``or - VI'' and inserting ``VI, or IX''. - (C) Application.--Section 7603(a)(1) of such title - is amended by striking ``or VIII'' and inserting - ``VIII, or IX''. - (D) Terms of agreement.--Section 7604 of such title - is amended by striking ``or VIII'' each place it - appears and inserting ``VIII, or IX''. - (E) Annual report.--Section 7632 of such title is - amended-- - (i) in paragraph (1), by striking ``and the - Specialty Education Loan Repayment Program'' - and inserting ``the Specialty Education Loan - Repayment Program, and the Readjustment - Counseling Service Scholarship Program''; and - (ii) in paragraph (4), by striking ``and - per participant in the Specialty Education Loan - Repayment Program'' and inserting ``per - participant in the Specialty Education Loan - Repayment Program, and per participant in the - Readjustment Counseling Service Scholarship - Program''. - (2) Table of sections.--The table of sections at the - beginning of chapter 76 of such title is amended by inserting - after the items relating to subchapter VIII the following: + (1) Conforming amendments.-- + (A) Establishment of program.--Section 7601(a) of such + title is amended-- + (i) in paragraph (5), by striking ``and''; + (ii) in paragraph (6), by striking the period and + inserting ``; and''; and + (iii) by adding at the end the following new paragraph: + ``(7) the readjustment counseling service scholarship program + provided for in subchapter IX of this chapter.''. + (B) Eligibility.--Section 7602 of such title is amended-- + (i) in subsection (a)(1)-- + + (I) by striking ``or VI'' and inserting ``VI, or + IX''; and + (II) by striking ``subchapter VI'' and inserting + ``subchapter VI or IX''; and + + (ii) in subsection (b), by striking ``or VI'' and + inserting ``VI, or IX''. + (C) Application.--Section 7603(a)(1) of such title is + amended by striking ``or VIII'' and inserting ``VIII, or IX''. + (D) Terms of agreement.--Section 7604 of such title is + amended by striking ``or VIII'' each place it appears and + inserting ``VIII, or IX''. + (E) Annual report.--Section 7632 of such title is amended-- + (i) in paragraph (1), by striking ``and the Specialty + Education Loan Repayment Program'' and inserting ``the + Specialty Education Loan Repayment Program, and the + Readjustment Counseling Service Scholarship Program''; and + (ii) in paragraph (4), by striking ``and per + participant in the Specialty Education Loan Repayment + Program'' and inserting ``per participant in the Specialty + Education Loan Repayment Program, and per participant in + the Readjustment Counseling Service Scholarship Program''. + (2) Table of sections.--The table of sections at the beginning + of chapter 76 of such title is amended by inserting after the items + relating to subchapter VIII the following: ``subchapter ix--readjustment counseling service scholarship program @@ -2453,15 +2231,14 @@ date of the breach of the agreement.''. ``7699. Eligibility; agreement. ``7699A. Obligated service. ``7699B. Breach of agreement: liability.''. + (c) Effective Date.--The Secretary of Veterans Affairs shall begin awarding scholarships under subchapter IX of chapter 76 of title 38, United States Code, as added by subsection (a), for programs of study beginning not later than one year after the date of the enactment of this Act. - -SEC. 503. COMPTROLLER GENERAL REPORT ON READJUSTMENT COUNSELING SERVICE - OF DEPARTMENT OF VETERANS AFFAIRS. - + SEC. 503. COMPTROLLER GENERAL REPORT ON READJUSTMENT COUNSELING + SERVICE OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and @@ -2470,49 +2247,45 @@ report on the Readjustment Counseling Service of the Department of Veterans Affairs. (b) Elements.--The report required by subsection (a) shall include the following: - (1) An assessment of the adequacy and types of treatment, - counseling, and other services provided at Vet Centers, - including recommendations on whether and how such treatment, - counseling, and other services can be expanded. - (2) An assessment of the efficacy of outreach efforts by - the Readjustment Counseling Service, including recommendations - for how outreach efforts can be improved. - (3) An assessment of barriers to care at Vet Centers, - including recommendations for overcoming those barriers. - (4) An assessment of the efficacy and frequency of the use - of telehealth by counselors of the Readjustment Counseling - Service to provide mental health services, including - recommendations for how the use of telehealth can be improved. - (5) An assessment of the feasibility and advisability of - expanding eligibility for services from the Readjustment - Counseling Service, including-- - (A) recommendations on what eligibility criteria - could be expanded; and - (B) an assessment of potential costs and increased - infrastructure requirements if eligibility is expanded. - (6) An assessment of the use of Vet Centers by members of - the reserve components of the Armed Forces who were never - activated and recommendations on how to better reach those - members. - (7) An assessment of the use of Vet Centers by eligible - family members of former members of the Armed Forces and - recommendations on how to better reach those family members. - (8) An assessment of the efficacy of group therapy and the - level of training of providers at Vet Centers in administering - group therapy. - (9) An assessment of the efficiency and effectiveness of - the task organization structure of Vet Centers. - (10) An assessment of the use of Vet Centers by Native - American veterans, as defined in section 3765 of title 38, - United States Code, and recommendations on how to better reach - those veterans. + (1) An assessment of the adequacy and types of treatment, + counseling, and other services provided at Vet Centers, including + recommendations on whether and how such treatment, counseling, and + other services can be expanded. + (2) An assessment of the efficacy of outreach efforts by the + Readjustment Counseling Service, including recommendations for how + outreach efforts can be improved. + (3) An assessment of barriers to care at Vet Centers, including + recommendations for overcoming those barriers. + (4) An assessment of the efficacy and frequency of the use of + telehealth by counselors of the Readjustment Counseling Service to + provide mental health services, including recommendations for how + the use of telehealth can be improved. + (5) An assessment of the feasibility and advisability of + expanding eligibility for services from the Readjustment Counseling + Service, including-- + (A) recommendations on what eligibility criteria could be + expanded; and + (B) an assessment of potential costs and increased + infrastructure requirements if eligibility is expanded. + (6) An assessment of the use of Vet Centers by members of the + reserve components of the Armed Forces who were never activated and + recommendations on how to better reach those members. + (7) An assessment of the use of Vet Centers by eligible family + members of former members of the Armed Forces and recommendations + on how to better reach those family members. + (8) An assessment of the efficacy of group therapy and the + level of training of providers at Vet Centers in administering + group therapy. + (9) An assessment of the efficiency and effectiveness of the + task organization structure of Vet Centers. + (10) An assessment of the use of Vet Centers by Native American + veterans, as defined in section 3765 of title 38, United States + Code, and recommendations on how to better reach those veterans. (c) Vet Center Defined.--In this section, the term ``Vet Center'' has the meaning given that term in section 1712A(h) of title 38, United States Code. - -SEC. 504. EXPANSION OF REPORTING REQUIREMENTS ON READJUSTMENT - COUNSELING SERVICE OF DEPARTMENT OF VETERANS AFFAIRS. - + SEC. 504. EXPANSION OF REPORTING REQUIREMENTS ON READJUSTMENT + COUNSELING SERVICE OF DEPARTMENT OF VETERANS AFFAIRS. (a) Expansion of Annual Report.--Paragraph (2)(C) of section 7309(e) of title 38, United States Code, is amended by inserting before the period at the end the following: ``, including the resources @@ -2524,288 +2297,252 @@ the following new paragraph: ``(3) For each even numbered year in which the report required by paragraph (1) is submitted, the Secretary shall include in such report a prediction of-- - ``(A) trends in demand for care; - ``(B) long-term investments required with respect to the - provision of care; - ``(C) requirements relating to maintenance of - infrastructure; and - ``(D) other capital investment requirements with respect to - the Readjustment Counseling Service, including Vet Centers, - mobile Vet Centers, and community access points.''. - -SEC. 505. BRIEFING ON ALTERNATIVE WORK SCHEDULES FOR EMPLOYEES OF - VETERANS HEALTH ADMINISTRATION. - + ``(A) trends in demand for care; + ``(B) long-term investments required with respect to the + provision of care; + ``(C) requirements relating to maintenance of infrastructure; + and + ``(D) other capital investment requirements with respect to the + Readjustment Counseling Service, including Vet Centers, mobile Vet + Centers, and community access points.''. + SEC. 505. BRIEFING ON ALTERNATIVE WORK SCHEDULES FOR EMPLOYEES OF + VETERANS HEALTH ADMINISTRATION. (a) Survey of Veterans.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Veterans Affairs - shall conduct a survey on the attitudes of eligible veterans - toward the Department of Veterans Affairs offering appointments - outside the usual operating hours of facilities of the - Department, including through the use of telehealth - appointments. - (2) Eligible veteran defined.--In this subsection, the term - ``eligible veteran'' means a veteran who-- - (A) is enrolled in the patient enrollment system of - the Department under section 1705(a) of title 38, - United States Code; and - (B) received health care from the Department at - least once during the two-year period ending on the - date of the commencement of the survey under paragraph - (1). + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Veterans Affairs shall + conduct a survey on the attitudes of eligible veterans toward the + Department of Veterans Affairs offering appointments outside the + usual operating hours of facilities of the Department, including + through the use of telehealth appointments. + (2) Eligible veteran defined.--In this subsection, the term + ``eligible veteran'' means a veteran who-- + (A) is enrolled in the patient enrollment system of the + Department under section 1705(a) of title 38, United States + Code; and + (B) received health care from the Department at least once + during the two-year period ending on the date of the + commencement of the survey under paragraph (1). (b) Congressional Briefing.-- - (1) In general.--Not later than 270 days after the date of - the enactment of this Act, the Secretary shall brief the - Committee on Veterans' Affairs of the Senate and the Committee - on Veterans' Affairs of the House of Representatives on the-- - (A) feasibility and advisability of offering - appointments outside the usual operating hours of - facilities of the Department that do not offer such - appointments; and - (B) effectiveness of offering appointments outside - the usual operating hours of facilities of the - Department for those facilities that offer such - appointments. - (2) Elements.--The briefing required by paragraph (1) shall - include the following: - (A) The findings of the survey conducted under - subsection (a); - (B) Feedback from employees of the Veterans Health - Administration, including clinical, nonclinical, and - support staff, with respect to offering appointments - outside the usual operating hours of facilities of the - Department, including through the use of telehealth - appointments; and - (C) Any other matters the Secretary considers - relevant to a full understanding of the feasibility and - advisability of offering appointments outside the usual - operating hours of facilities of the Department. + (1) In general.--Not later than 270 days after the date of the + enactment of this Act, the Secretary shall brief the Committee on + Veterans' Affairs of the Senate and the Committee on Veterans' + Affairs of the House of Representatives on the-- + (A) feasibility and advisability of offering appointments + outside the usual operating hours of facilities of the + Department that do not offer such appointments; and + (B) effectiveness of offering appointments outside the + usual operating hours of facilities of the Department for those + facilities that offer such appointments. + (2) Elements.--The briefing required by paragraph (1) shall + include the following: + (A) The findings of the survey conducted under subsection + (a); + (B) Feedback from employees of the Veterans Health + Administration, including clinical, nonclinical, and support + staff, with respect to offering appointments outside the usual + operating hours of facilities of the Department, including + through the use of telehealth appointments; and + (C) Any other matters the Secretary considers relevant to a + full understanding of the feasibility and advisability of + offering appointments outside the usual operating hours of + facilities of the Department. (c) Paperwork Reduction Act Exemption.--Chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act'') shall not apply to any rulemaking or information collection required under this section. - -SEC. 506. SUICIDE PREVENTION COORDINATORS. - + SEC. 506. SUICIDE PREVENTION COORDINATORS. (a) Staffing Requirement.--Beginning not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that each medical center of the Department of Veterans Affairs has not less than one suicide prevention coordinator. (b) Study on Reorganization.-- - (1) In general.--Not later than one year after the date of - the enactment of this Act, the Secretary, in consultation with - the Office of Mental Health and Suicide Prevention of the - Department, shall commence the conduct of a study to determine - the feasibility and advisability of-- - (A) the realignment and reorganization of suicide - prevention coordinators within the Office of Mental - Health and Suicide Prevention; and - (B) the creation of a suicide prevention - coordinator program office. - (2) Program office realignment.--In conducting the study - under paragraph (1), the Secretary shall assess the feasibility - of advisability of, within the suicide prevention coordinator - program office described in paragraph (1)(B), aligning suicide - prevention coordinators and suicide prevention case managers - within the organizational structure and chart of the Suicide - Prevention Program of the Department, with the Director of the - Suicide Prevention program having ultimate supervisory - oversight and responsibility over the suicide prevention - coordinator program office. + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary, in consultation with the + Office of Mental Health and Suicide Prevention of the Department, + shall commence the conduct of a study to determine the feasibility + and advisability of-- + (A) the realignment and reorganization of suicide + prevention coordinators within the Office of Mental Health and + Suicide Prevention; and + (B) the creation of a suicide prevention coordinator + program office. + (2) Program office realignment.--In conducting the study under + paragraph (1), the Secretary shall assess the feasibility of + advisability of, within the suicide prevention coordinator program + office described in paragraph (1)(B), aligning suicide prevention + coordinators and suicide prevention case managers within the + organizational structure and chart of the Suicide Prevention + Program of the Department, with the Director of the Suicide + Prevention program having ultimate supervisory oversight and + responsibility over the suicide prevention coordinator program + office. (c) Report.--Not later than 90 days after the completion of the study under subsection (b), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such study, including the following: - (1) An assessment of the feasibility and advisability of - creating a suicide prevention coordinator program office to - oversee and monitor suicide prevention coordinators and suicide - prevention case managers across all medical centers of the - Department. - (2) A review of current staffing ratios for suicide - prevention coordinators and suicide prevention case managers in - comparison with current staffing ratios for mental health - providers within each medical center of the Department. - (3) A description of the duties and responsibilities for - suicide prevention coordinators across the Department to better - define, delineate, and standardize qualifications, performance - goals, performance duties, and performance outcomes for suicide - prevention coordinators and suicide prevention case managers. - -SEC. 507. REPORT ON EFFORTS BY DEPARTMENT OF VETERANS AFFAIRS TO - IMPLEMENT SAFETY PLANNING IN EMERGENCY DEPARTMENTS. - + (1) An assessment of the feasibility and advisability of + creating a suicide prevention coordinator program office to oversee + and monitor suicide prevention coordinators and suicide prevention + case managers across all medical centers of the Department. + (2) A review of current staffing ratios for suicide prevention + coordinators and suicide prevention case managers in comparison + with current staffing ratios for mental health providers within + each medical center of the Department. + (3) A description of the duties and responsibilities for + suicide prevention coordinators across the Department to better + define, delineate, and standardize qualifications, performance + goals, performance duties, and performance outcomes for suicide + prevention coordinators and suicide prevention case managers. + SEC. 507. REPORT ON EFFORTS BY DEPARTMENT OF VETERANS AFFAIRS TO + IMPLEMENT SAFETY PLANNING IN EMERGENCY DEPARTMENTS. (a) Findings.--Congress makes the following findings: - (1) The Department of Veterans Affairs must be more - effective in its approach to reducing the burden of veteran - suicide connected to mental health diagnoses, to include - expansion of treatment delivered via telehealth methods and in - rural areas. - (2) An innovative project, known as Suicide Assessment and - Follow-up Engagement: Veteran Emergency Treatment (in this - subsection referred to as ``SAFE VET''), was designed to help - suicidal veterans seen at emergency departments within the - Veterans Health Administration and was successfully implemented - in five intervention sites beginning in 2010. - (3) A 2018 study found that safety planning intervention - under SAFE VET was associated with 45 percent fewer suicidal - behaviors in the six-month period following emergency - department care and more than double the odds of a veteran - engaging in outpatient behavioral health care. - (4) SAFE VET is a promising alternative and acceptable - delivery of care system that augments the treatment of suicidal - veterans in emergency departments of the Veterans Health - Administration and helps ensure that those veterans have - appropriate follow-up care. - (5) Beginning in September 2018, the Veterans Health - Administration implemented a suicide prevention program, known - as the SPED program, for veterans presenting to the emergency - department who are assessed to be at risk for suicide and are - safe to be discharged home. - (6) The SPED program includes issuance and update of a - safety plan and post-discharge follow-up outreach for veterans - to facilitate engagement in outpatient mental health care. + (1) The Department of Veterans Affairs must be more effective + in its approach to reducing the burden of veteran suicide connected + to mental health diagnoses, to include expansion of treatment + delivered via telehealth methods and in rural areas. + (2) An innovative project, known as Suicide Assessment and + Follow-up Engagement: Veteran Emergency Treatment (in this + subsection referred to as ``SAFE VET''), was designed to help + suicidal veterans seen at emergency departments within the Veterans + Health Administration and was successfully implemented in five + intervention sites beginning in 2010. + (3) A 2018 study found that safety planning intervention under + SAFE VET was associated with 45 percent fewer suicidal behaviors in + the six-month period following emergency department care and more + than double the odds of a veteran engaging in outpatient behavioral + health care. + (4) SAFE VET is a promising alternative and acceptable delivery + of care system that augments the treatment of suicidal veterans in + emergency departments of the Veterans Health Administration and + helps ensure that those veterans have appropriate follow-up care. + (5) Beginning in September 2018, the Veterans Health + Administration implemented a suicide prevention program, known as + the SPED program, for veterans presenting to the emergency + department who are assessed to be at risk for suicide and are safe + to be discharged home. + (6) The SPED program includes issuance and update of a safety + plan and post-discharge follow-up outreach for veterans to + facilitate engagement in outpatient mental health care. (b) Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Veterans Affairs - shall submit to the appropriate committees of Congress a report - on the efforts of the Secretary to implement a suicide - prevention program for veterans presenting to an emergency - department or urgent care center of the Veterans Health - Administration who are assessed to be at risk for suicide and - are safe to be discharged home, including a safety plan and - post-discharge outreach for veterans to facilitate engagement - in outpatient mental health care. - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) An assessment of the implementation of the - current operational policies and procedures of the SPED - program at each medical center of the Department of - Veterans Affairs, including an assessment of the - following: - (i) Training provided to clinicians or - other personnel administering protocols under - the SPED program. - (ii) Any disparities in implementation of - such protocols between medical centers. - (iii) Current criteria used to measure the - quality of such protocols including-- - (I) methodology used to assess the - quality of a safety plan and post- - discharge outreach for veterans; or - (II) in the absence of such - methodology, a proposed timeline and - guidelines for creating a methodology - to ensure compliance with the evidence- - based model used under the Suicide - Assessment and Follow-up Engagement: - Veteran Emergency Treatment (SAFE VET) - program of the Department. - (B) An assessment of the implementation of the - policies and procedures described in subparagraph (A), - including the following: - (i) An assessment of the quality and - quantity of safety plans issued to veterans. - (ii) An assessment of the quality and - quantity of post-discharge outreach provided to - veterans. - (iii) The post-discharge rate of veteran - engagement in outpatient mental health care, - including attendance at not fewer than one - individual mental health clinic appointment or - admission to an inpatient or residential unit. - (iv) The number of veterans who decline - safety planning efforts during protocols under - the SPED program. - (v) The number of veterans who decline to - participate in follow-up efforts within the - SPED program. - (C) A description of how SPED primary coordinators - are deployed to support such efforts, including the - following: - (i) A description of the duties and - responsibilities of such coordinators. - (ii) The number and location of such - coordinators. - (iii) A description of training provided to - such coordinators. - (iv) An assessment of the other - responsibilities for such coordinators and, if - applicable, differences in patient outcomes - when such responsibilities are full-time duties - as opposed to secondary duties. - (D) An assessment of the feasibility and - advisability of expanding the total number and - geographic distribution of SPED primary coordinators. - (E) An assessment of the feasibility and - advisability of providing services under the SPED - program via telehealth channels, including an analysis - of opportunities to leverage telehealth to better serve - veterans in rural areas. - (F) A description of the status of current - capabilities and utilization of tracking mechanisms to - monitor compliance, quality, and patient outcomes under - the SPED program. - (G) Such recommendations, including specific action - items, as the Secretary considers appropriate with - respect to how the Department can better implement the - SPED program, including recommendations with respect to - the following: - (i) A process to standardize training under - such program. - (ii) Any resourcing requirements necessary - to implement the SPED program throughout - Veterans Health Administration, including by - having a dedicated clinician responsible for - administration of such program at each medical - center. - (iii) An analysis of current statutory - authority and any changes necessary to fully - implement the SPED program throughout the - Veterans Health Administration. - (iv) A timeline for the implementation of - the SPED program through the Veterans Health - Administration once full resourcing and an - approved training plan are in place. - (H) Such other matters as the Secretary considers - appropriate. + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Veterans Affairs shall + submit to the appropriate committees of Congress a report on the + efforts of the Secretary to implement a suicide prevention program + for veterans presenting to an emergency department or urgent care + center of the Veterans Health Administration who are assessed to be + at risk for suicide and are safe to be discharged home, including a + safety plan and post-discharge outreach for veterans to facilitate + engagement in outpatient mental health care. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) An assessment of the implementation of the current + operational policies and procedures of the SPED program at each + medical center of the Department of Veterans Affairs, including + an assessment of the following: + (i) Training provided to clinicians or other personnel + administering protocols under the SPED program. + (ii) Any disparities in implementation of such + protocols between medical centers. + (iii) Current criteria used to measure the quality of + such protocols including-- + + (I) methodology used to assess the quality of a + safety plan and post-discharge outreach for veterans; + or + (II) in the absence of such methodology, a proposed + timeline and guidelines for creating a methodology to + ensure compliance with the evidence-based model used + under the Suicide Assessment and Follow-up Engagement: + Veteran Emergency Treatment (SAFE VET) program of the + Department. + + (B) An assessment of the implementation of the policies and + procedures described in subparagraph (A), including the + following: + (i) An assessment of the quality and quantity of safety + plans issued to veterans. + (ii) An assessment of the quality and quantity of post- + discharge outreach provided to veterans. + (iii) The post-discharge rate of veteran engagement in + outpatient mental health care, including attendance at not + fewer than one individual mental health clinic appointment + or admission to an inpatient or residential unit. + (iv) The number of veterans who decline safety planning + efforts during protocols under the SPED program. + (v) The number of veterans who decline to participate + in follow-up efforts within the SPED program. + (C) A description of how SPED primary coordinators are + deployed to support such efforts, including the following: + (i) A description of the duties and responsibilities of + such coordinators. + (ii) The number and location of such coordinators. + (iii) A description of training provided to such + coordinators. + (iv) An assessment of the other responsibilities for + such coordinators and, if applicable, differences in + patient outcomes when such responsibilities are full-time + duties as opposed to secondary duties. + (D) An assessment of the feasibility and advisability of + expanding the total number and geographic distribution of SPED + primary coordinators. + (E) An assessment of the feasibility and advisability of + providing services under the SPED program via telehealth + channels, including an analysis of opportunities to leverage + telehealth to better serve veterans in rural areas. + (F) A description of the status of current capabilities and + utilization of tracking mechanisms to monitor compliance, + quality, and patient outcomes under the SPED program. + (G) Such recommendations, including specific action items, + as the Secretary considers appropriate with respect to how the + Department can better implement the SPED program, including + recommendations with respect to the following: + (i) A process to standardize training under such + program. + (ii) Any resourcing requirements necessary to implement + the SPED program throughout Veterans Health Administration, + including by having a dedicated clinician responsible for + administration of such program at each medical center. + (iii) An analysis of current statutory authority and + any changes necessary to fully implement the SPED program + throughout the Veterans Health Administration. + (iv) A timeline for the implementation of the SPED + program through the Veterans Health Administration once + full resourcing and an approved training plan are in place. + (H) Such other matters as the Secretary considers + appropriate. (c) Definitions.--In this section: - (1) Appropriate committees of congress.--The term - ``appropriate committees of Congress'' means-- - (A) the Committee on Veterans' Affairs and the - Subcommittee on Military Construction, Veterans - Affairs, and Related Agencies of the Committee on - Appropriations of the Senate; and - (B) the Committee on Veterans' Affairs and the - Subcommittee on Military Construction, Veterans - Affairs, and Related Agencies of the Committee on - Appropriations of the House of Representatives. - (2) SPED primary coordinator.--The term ``SPED primary - coordinator'' means the main point of contact responsible for - administering the SPED program at a medical center of the - Department. - (3) SPED program.--The term ``SPED program'' means the - Safety Planning in Emergency Departments program of the - Department of Veterans Affairs established in September 2018 - for veterans presenting to the emergency department who are - assessed to be at risk for suicide and are safe to be - discharged home, which extends the evidence-based intervention - for suicide prevention to all emergency departments of the - Veterans Health Administration. + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the Committee on Veterans' Affairs and the Subcommittee + on Military Construction, Veterans Affairs, and Related + Agencies of the Committee on Appropriations of the Senate; and + (B) the Committee on Veterans' Affairs and the Subcommittee + on Military Construction, Veterans Affairs, and Related + Agencies of the Committee on Appropriations of the House of + Representatives. + (2) SPED primary coordinator.--The term ``SPED primary + coordinator'' means the main point of contact responsible for + administering the SPED program at a medical center of the + Department. + (3) SPED program.--The term ``SPED program'' means the Safety + Planning in Emergency Departments program of the Department of + Veterans Affairs established in September 2018 for veterans + presenting to the emergency department who are assessed to be at + risk for suicide and are safe to be discharged home, which extends + the evidence-based intervention for suicide prevention to all + emergency departments of the Veterans Health Administration. TITLE VI--IMPROVEMENT OF CARE AND SERVICES FOR WOMEN VETERANS -SEC. 601. EXPANSION OF CAPABILITIES OF WOMEN VETERANS CALL CENTER TO - INCLUDE TEXT MESSAGING. - + SEC. 601. EXPANSION OF CAPABILITIES OF WOMEN VETERANS CALL CENTER + TO INCLUDE TEXT MESSAGING. The Secretary of Veterans Affairs shall expand the capabilities of the Women Veterans Call Center of the Department of Veterans Affairs to include a text messaging capability. - -SEC. 602. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS INTERNET - WEBSITE TO PROVIDE INFORMATION ON SERVICES AVAILABLE TO - WOMEN VETERANS. - + SEC. 602. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS INTERNET + WEBSITE TO PROVIDE INFORMATION ON SERVICES AVAILABLE TO WOMEN + VETERANS. (a) In General.--The Secretary of Veterans Affairs shall survey the internet websites and information resources of the Department of Veterans Affairs in effect on the day before the date of the enactment @@ -2819,14 +2556,14 @@ available in the district in which the veteran is seeking such services, including, with respect to each medical center and community- based outpatient clinic in the applicable Veterans Integrated Service Network-- - (1) the name and contact information of each women's health - coordinator; - (2) a list of appropriate staff for other benefits - available from the Veterans Benefits Administration, the - National Cemetery Administration, and such other entities as - the Secretary considers appropriate; and - (3) such other information as the Secretary considers - appropriate. + (1) the name and contact information of each women's health + coordinator; + (2) a list of appropriate staff for other benefits available + from the Veterans Benefits Administration, the National Cemetery + Administration, and such other entities as the Secretary considers + appropriate; and + (3) such other information as the Secretary considers + appropriate. (c) Updated Information.--The Secretary shall ensure that the information described in subsection (b) that is published on the internet website required by subsection (a) is updated not less @@ -2841,8 +2578,7 @@ Secretary to publish internet websites of the Department. TITLE VII--OTHER MATTERS -SEC. 701. EXPANDED TELEHEALTH FROM DEPARTMENT OF VETERANS AFFAIRS. - + SEC. 701. EXPANDED TELEHEALTH FROM DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall enter into agreements, and expand existing agreements, with organizations that represent or serve veterans, nonprofit organizations, private @@ -2850,137 +2586,123 @@ businesses, and other interested parties for the expansion of telehealth capabilities and the provision of telehealth services to veterans through the award of grants under subsection (b). (b) Award of Grants.-- - (1) In general.--In carrying out agreements entered into or - expanded under this section with entities described in - subsection (a), the Secretary shall award grants to those - entities. - (2) Locations.--To the extent practicable, the Secretary - shall ensure that grants are awarded to entities that serve - veterans in rural and highly rural areas (as determined through - the use of the Rural-Urban Commuting Areas coding system of the - Department of Agriculture) or areas determined to be medically - underserved. - (3) Use of grants.-- - (A) In general.--Grants awarded to an entity under - this subsection may be used for one or more of the - following: - (i) Purchasing, replacing or upgrading - hardware or software necessary for the - provision of secure and private telehealth - services. - (ii) Upgrading security protocols for - consistency with the security requirements of - the Department of Veterans Affairs. - (iii) Training of site attendants, - including payment of those attendants for - completing that training, with respect to-- - (I) military and veteran cultural - competence, if the entity is not an - organization that represents veterans; - (II) equipment required to provide - telehealth services; - (III) privacy, including the Health - Insurance Portability and - Accountability Act of 1996 privacy rule - under part 160 and subparts A and E of - part 164 of title 45, Code of Federal - Regulations, or successor regulations, - as it relates to health care for - veterans; - (IV) scheduling for telehealth - services for veterans; or - (V) any other unique training needs - for the provision of telehealth - services to veterans. - (iv) Upgrading existing infrastructure - owned or leased by the entity to make rooms - more conducive to telehealth care, including-- - (I) additions or modifications to - windows or walls in an existing room, - or other alterations as needed to - create a new, private room, including - permits or inspections required in - association with space modifications; - (II) soundproofing of an existing - room; - (III) new electrical, telephone, or - internet outlets in an existing room; - or - (IV) aesthetic enhancements to - establish a more suitable therapeutic - environment. - (v) Upgrading existing infrastructure to - comply with the Americans with Disabilities Act - of 1990 (42 U.S.C. 12101 et seq.). - (vi) Upgrading internet infrastructure and - sustainment of internet services. - (vii) Sustainment of telephone services. - (B) Exclusion.--Grants may not be used for the - purchase of new property or for major construction - projects, as determined by the Secretary. + (1) In general.--In carrying out agreements entered into or + expanded under this section with entities described in subsection + (a), the Secretary shall award grants to those entities. + (2) Locations.--To the extent practicable, the Secretary shall + ensure that grants are awarded to entities that serve veterans in + rural and highly rural areas (as determined through the use of the + Rural-Urban Commuting Areas coding system of the Department of + Agriculture) or areas determined to be medically underserved. + (3) Use of grants.-- + (A) In general.--Grants awarded to an entity under this + subsection may be used for one or more of the following: + (i) Purchasing, replacing or upgrading hardware or + software necessary for the provision of secure and private + telehealth services. + (ii) Upgrading security protocols for consistency with + the security requirements of the Department of Veterans + Affairs. + (iii) Training of site attendants, including payment of + those attendants for completing that training, with respect + to-- + + (I) military and veteran cultural competence, if + the entity is not an organization that represents + veterans; + (II) equipment required to provide telehealth + services; + (III) privacy, including the Health Insurance + Portability and Accountability Act of 1996 privacy rule + under part 160 and subparts A and E of part 164 of + title 45, Code of Federal Regulations, or successor + regulations, as it relates to health care for veterans; + (IV) scheduling for telehealth services for + veterans; or + (V) any other unique training needs for the + provision of telehealth services to veterans. + + (iv) Upgrading existing infrastructure owned or leased + by the entity to make rooms more conducive to telehealth + care, including-- + + (I) additions or modifications to windows or walls + in an existing room, or other alterations as needed to + create a new, private room, including permits or + inspections required in association with space + modifications; + (II) soundproofing of an existing room; + (III) new electrical, telephone, or internet + outlets in an existing room; or + (IV) aesthetic enhancements to establish a more + suitable therapeutic environment. + + (v) Upgrading existing infrastructure to comply with + the Americans with Disabilities Act of 1990 (42 U.S.C. + 12101 et seq.). + (vi) Upgrading internet infrastructure and sustainment + of internet services. + (vii) Sustainment of telephone services. + (B) Exclusion.--Grants may not be used for the purchase of + new property or for major construction projects, as determined + by the Secretary. (c) Agreement on Telehealth Access Points.-- - (1) In general.--An entity described in subsection (a) that - seeks to establish a telehealth access point for veterans but - does not require grant funding under this section to do so may - enter into an agreement with the Department for the - establishment of such an access point. - (2) Adequacy of facilities.--An entity described in - paragraph (1) shall be responsible for ensuring that any access - point is adequately private, secure, clean, and accessible for - veterans before the access point is established. + (1) In general.--An entity described in subsection (a) that + seeks to establish a telehealth access point for veterans but does + not require grant funding under this section to do so may enter + into an agreement with the Department for the establishment of such + an access point. + (2) Adequacy of facilities.--An entity described in paragraph + (1) shall be responsible for ensuring that any access point is + adequately private, secure, clean, and accessible for veterans + before the access point is established. (d) Assessment of Barriers to Access.-- - (1) In general.--Not later than 18 months after the date of - the enactment of this Act, the Secretary shall complete an - assessment of barriers faced by veterans in accessing - telehealth services. - (2) Elements.--The assessment required by paragraph (1) - shall include the following: - (A) A description of the barriers veterans face in - using telehealth while not on property of the - Department. - (B) A description of how the Department plans to - address the barriers described in subparagraph (A). - (C) Such other matters related to access by - veterans to telehealth while not on property of the - Department as the Secretary considers relevant. - (3) Report.--Not later than 120 days after the completion - of the assessment required by paragraph (1), the Secretary - shall submit to the Committee on Veterans' Affairs of the - Senate and the Committee on Veterans' Affairs of the House of - Representatives a report on the assessment, including any - recommendations for legislative or administrative action based - on the results of the assessment. - -SEC. 702. PARTNERSHIPS WITH NON-FEDERAL GOVERNMENT ENTITIES TO PROVIDE - HYPERBARIC OXYGEN THERAPY TO VETERANS AND STUDIES ON THE - USE OF SUCH THERAPY FOR TREATMENT OF POST-TRAUMATIC - STRESS DISORDER AND TRAUMATIC BRAIN INJURY. - + (1) In general.--Not later than 18 months after the date of the + enactment of this Act, the Secretary shall complete an assessment + of barriers faced by veterans in accessing telehealth services. + (2) Elements.--The assessment required by paragraph (1) shall + include the following: + (A) A description of the barriers veterans face in using + telehealth while not on property of the Department. + (B) A description of how the Department plans to address + the barriers described in subparagraph (A). + (C) Such other matters related to access by veterans to + telehealth while not on property of the Department as the + Secretary considers relevant. + (3) Report.--Not later than 120 days after the completion of + the assessment required by paragraph (1), the Secretary shall + submit to the Committee on Veterans' Affairs of the Senate and the + Committee on Veterans' Affairs of the House of Representatives a + report on the assessment, including any recommendations for + legislative or administrative action based on the results of the + assessment. + SEC. 702. PARTNERSHIPS WITH NON-FEDERAL GOVERNMENT ENTITIES TO + PROVIDE HYPERBARIC OXYGEN THERAPY TO VETERANS AND STUDIES ON THE + USE OF SUCH THERAPY FOR TREATMENT OF POST-TRAUMATIC STRESS + DISORDER AND TRAUMATIC BRAIN INJURY. (a) Partnerships to Provide Hyperbaric Oxygen Therapy to Veterans.-- - (1) Use of partnerships.--The Secretary of Veterans - Affairs, in consultation with the Center for Compassionate - Innovation within the Office of Community Engagement of the - Department of Veterans Affairs, may enter into partnerships - with non-Federal Government entities to provide hyperbaric - oxygen treatment to veterans to research the effectiveness of - such therapy. - (2) Types of partnerships.--Partnerships entered into under - paragraph (1) may include the following: - (A) Partnerships to conduct research on hyperbaric - oxygen therapy. - (B) Partnerships to review research on hyperbaric - oxygen therapy provided to nonveterans. - (C) Partnerships to create industry working groups - to determine standards for research on hyperbaric - oxygen therapy. - (D) Partnerships to provide to veterans hyperbaric - oxygen therapy for the purposes of conducting research - on the effectiveness of such therapy. - (3) Limitation on federal funding.--Federal Government - funding may be used to coordinate and administer the - partnerships under this subsection but may not be used to carry - out activities conducted under such partnerships. + (1) Use of partnerships.--The Secretary of Veterans Affairs, in + consultation with the Center for Compassionate Innovation within + the Office of Community Engagement of the Department of Veterans + Affairs, may enter into partnerships with non-Federal Government + entities to provide hyperbaric oxygen treatment to veterans to + research the effectiveness of such therapy. + (2) Types of partnerships.--Partnerships entered into under + paragraph (1) may include the following: + (A) Partnerships to conduct research on hyperbaric oxygen + therapy. + (B) Partnerships to review research on hyperbaric oxygen + therapy provided to nonveterans. + (C) Partnerships to create industry working groups to + determine standards for research on hyperbaric oxygen therapy. + (D) Partnerships to provide to veterans hyperbaric oxygen + therapy for the purposes of conducting research on the + effectiveness of such therapy. + (3) Limitation on federal funding.--Federal Government funding + may be used to coordinate and administer the partnerships under + this subsection but may not be used to carry out activities + conducted under such partnerships. (b) Review of Effectiveness of Hyperbaric Oxygen Therapy.--Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Center for Compassionate @@ -2991,92 +2713,85 @@ Food and Drug Administration that assesses traumatic brain injury by tracking eye movement. (c) Systematic Review of Use of Hyperbaric Oxygen Therapy to Treat Certain Conditions.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary, in consultation with - the Center for Compassionate Innovation, shall commence the - conduct of a systematic review of published research literature - on off-label use of hyperbaric oxygen therapy to treat post- - traumatic stress disorder and traumatic brain injury among - veterans and nonveterans. - (2) Elements.--The review conducted under paragraph (1) - shall include the following: - (A) An assessment of the current parameters for - research on the use by the Department of Veterans - Affairs of hyperbaric oxygen therapy, including-- - (i) tests and questionnaires used to - determine the efficacy of such therapy; and - (ii) metrics for determining the success of - such therapy. - (B) A comparative analysis of tests and - questionnaires used to study post-traumatic stress - disorder and traumatic brain injury in other research - conducted by the Department of Veterans Affairs, other - Federal agencies, and entities outside the Federal - Government. - (3) Completion of review.--The review conducted under - paragraph (1) shall be completed not later than 180 days after - the date of the commencement of the review. - (4) Report.--Not later than 90 days after the completion of - the review conducted under paragraph (1), the Secretary shall + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary, in consultation with the + Center for Compassionate Innovation, shall commence the conduct of + a systematic review of published research literature on off-label + use of hyperbaric oxygen therapy to treat post-traumatic stress + disorder and traumatic brain injury among veterans and nonveterans. + (2) Elements.--The review conducted under paragraph (1) shall + include the following: + (A) An assessment of the current parameters for research on + the use by the Department of Veterans Affairs of hyperbaric + oxygen therapy, including-- + (i) tests and questionnaires used to determine the + efficacy of such therapy; and + (ii) metrics for determining the success of such + therapy. + (B) A comparative analysis of tests and questionnaires used + to study post-traumatic stress disorder and traumatic brain + injury in other research conducted by the Department of + Veterans Affairs, other Federal agencies, and entities outside + the Federal Government. + (3) Completion of review.--The review conducted under paragraph + (1) shall be completed not later than 180 days after the date of + the commencement of the review. + (4) Report.--Not later than 90 days after the completion of the + review conducted under paragraph (1), the Secretary shall submit to + the Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report on + the results of the review. + (d) Follow-up Study.-- + (1) In general.--Not later than 120 days after the completion + of the review conducted under subsection (c), the Secretary, in + consultation with the Center for Compassionate Innovation, shall + commence the conduct of a study on all individuals receiving + hyperbaric oxygen therapy through the current pilot program of the + Department for the provision of hyperbaric oxygen therapy to + veterans to determine the efficacy and effectiveness of hyperbaric + oxygen therapy for the treatment of post-traumatic stress disorder + and traumatic brain injury. + (2) Elements.--The study conducted under paragraph (1) shall + include the review and publication of any data and conclusions + resulting from research conducted by an authorized provider of + hyperbaric oxygen therapy for veterans through the pilot program + described in such paragraph. + (3) Completion of study.--The study conducted under paragraph + (1) shall be completed not later than three years after the date of + the commencement of the study. + (4) Report.-- + (A) In general.--Not later than 90 days after completing + the study conducted under paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of - Representatives a report on the results of the review. - (d) Follow-up Study.-- - (1) In general.--Not later than 120 days after the - completion of the review conducted under subsection (c), the - Secretary, in consultation with the Center for Compassionate - Innovation, shall commence the conduct of a study on all - individuals receiving hyperbaric oxygen therapy through the - current pilot program of the Department for the provision of - hyperbaric oxygen therapy to veterans to determine the efficacy - and effectiveness of hyperbaric oxygen therapy for the - treatment of post-traumatic stress disorder and traumatic brain - injury. - (2) Elements.--The study conducted under paragraph (1) - shall include the review and publication of any data and - conclusions resulting from research conducted by an authorized - provider of hyperbaric oxygen therapy for veterans through the - pilot program described in such paragraph. - (3) Completion of study.--The study conducted under - paragraph (1) shall be completed not later than three years - after the date of the commencement of the study. - (4) Report.-- - (A) In general.--Not later than 90 days after - completing the study conducted under paragraph (1), the - Secretary shall submit to the Committee on Veterans' - Affairs of the Senate and the Committee on Veterans' - Affairs of the House of Representatives a report on the - results of the study. - (B) Elements.--The report required under - subparagraph (A) shall include the recommendation of - the Secretary with respect to whether or not hyperbaric - oxygen therapy should be made available to all veterans - with traumatic brain injury or post-traumatic stress - disorder. - -SEC. 703. PRESCRIPTION OF TECHNICAL QUALIFICATIONS FOR LICENSED HEARING - AID SPECIALISTS AND REQUIREMENT FOR APPOINTMENT OF SUCH - SPECIALISTS. - + Representatives a report on the results of the study. + (B) Elements.--The report required under subparagraph (A) + shall include the recommendation of the Secretary with respect + to whether or not hyperbaric oxygen therapy should be made + available to all veterans with traumatic brain injury or post- + traumatic stress disorder. + SEC. 703. PRESCRIPTION OF TECHNICAL QUALIFICATIONS FOR LICENSED + HEARING AID SPECIALISTS AND REQUIREMENT FOR APPOINTMENT OF SUCH + SPECIALISTS. (a) Technical Qualifications.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Veterans Affairs - shall prescribe the technical qualifications required under - section 7402(b)(14) of title 38, United States Code, to be - appointed as a licensed hearing aid specialist under section - 7401(3) of such title. - (2) Elements for qualifications.--In prescribing the - qualifications for licensed hearing aid specialists under - paragraph (1), the Secretary shall, at a minimum, ensure that - such qualifications are consistent with-- - (A) the standards for licensure of hearing aid - specialists that are required by a majority of States; - (B) any competencies needed to perform tasks and - services commonly performed by hearing aid specialists - pursuant to such standards; and - (C) any competencies needed to perform tasks - specific to providing care to individuals under the - laws administered by the Secretary. + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Veterans Affairs shall + prescribe the technical qualifications required under section + 7402(b)(14) of title 38, United States Code, to be appointed as a + licensed hearing aid specialist under section 7401(3) of such + title. + (2) Elements for qualifications.--In prescribing the + qualifications for licensed hearing aid specialists under paragraph + (1), the Secretary shall, at a minimum, ensure that such + qualifications are consistent with-- + (A) the standards for licensure of hearing aid specialists + that are required by a majority of States; + (B) any competencies needed to perform tasks and services + commonly performed by hearing aid specialists pursuant to such + standards; and + (C) any competencies needed to perform tasks specific to + providing care to individuals under the laws administered by + the Secretary. (b) Authority to Set and Maintain Duties.--The Secretary shall retain the authority to set and maintain the duties for licensed hearing aid specialists appointed under section 7401(3) of title 38, @@ -3089,24 +2804,22 @@ each medical center of the Department. thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report-- - (1) assessing the progress of the Secretary in appointing - licensed hearing aid specialists under subsection (c); - (2) assessing potential conflicts or obstacles that prevent - the appointment of licensed hearing aid specialists; - (3) assessing the factors that led to such conflicts or - obstacles; - (4) assessing access of patients to comprehensive hearing - health care services from the Department consistent with the - requirements under section 4(b) of the Veterans Mobility Safety - Act of 2016 (Public Law 114-256; 38 U.S.C. 7401 note), - including an assessment of the impact of infrastructure and - equipment limitations on wait times for audiologic care; and - (5) indicating the medical centers of the Department with - vacancies for audiologists or licensed hearing aid specialists. - -SEC. 704. USE BY DEPARTMENT OF VETERANS AFFAIRS OF COMMERCIAL - INSTITUTIONAL REVIEW BOARDS IN SPONSORED RESEARCH TRIALS. - + (1) assessing the progress of the Secretary in appointing + licensed hearing aid specialists under subsection (c); + (2) assessing potential conflicts or obstacles that prevent the + appointment of licensed hearing aid specialists; + (3) assessing the factors that led to such conflicts or + obstacles; + (4) assessing access of patients to comprehensive hearing + health care services from the Department consistent with the + requirements under section 4(b) of the Veterans Mobility Safety Act + of 2016 (Public Law 114-256; 38 U.S.C. 7401 note), including an + assessment of the impact of infrastructure and equipment + limitations on wait times for audiologic care; and + (5) indicating the medical centers of the Department with + vacancies for audiologists or licensed hearing aid specialists. + SEC. 704. USE BY DEPARTMENT OF VETERANS AFFAIRS OF COMMERCIAL + INSTITUTIONAL REVIEW BOARDS IN SPONSORED RESEARCH TRIALS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete all necessary policy revisions within the directive of the Veterans @@ -3118,77 +2831,58 @@ proposal protocols of the Department. (b) Identification of Review Boards.--Not later than 90 days after the completion of the policy revisions under subsection (a), the Secretary shall-- - (1) identify accredited commercial institutional review - boards for use in connection with sponsored clinical research - of the Department; and - (2) establish a process to modify existing approvals in the - event that a commercial institutional review board loses its - accreditation during an ongoing clinical trial. + (1) identify accredited commercial institutional review boards + for use in connection with sponsored clinical research of the + Department; and + (2) establish a process to modify existing approvals in the + event that a commercial institutional review board loses its + accreditation during an ongoing clinical trial. (c) Report.-- - (1) In general.--Not later than 90 days after the - completion of the policy revisions under subsection (a), and - annually thereafter, the Secretary shall submit to the - Committee on Veterans' Affairs of the Senate and the Committee - on Veterans' Affairs of the House of Representatives a report - on all approvals of institutional review boards used by the - Department, including central institutional review boards and - commercial institutional review boards. - (2) Elements.--The report required by paragraph (1) shall - include, at a minimum, the following: - (A) The name of each clinical trial with respect to - which the use of an institutional review board has been - approved. - (B) The institutional review board or institutional - review boards used in the approval process for each - clinical trial. - (C) The amount of time between submission and - approval. - -SEC. 705. CREATION OF OFFICE OF RESEARCH REVIEWS WITHIN THE OFFICE OF - INFORMATION AND TECHNOLOGY OF THE DEPARTMENT OF VETERANS - AFFAIRS. - + (1) In general.--Not later than 90 days after the completion of + the policy revisions under subsection (a), and annually thereafter, + the Secretary shall submit to the Committee on Veterans' Affairs of + the Senate and the Committee on Veterans' Affairs of the House of + Representatives a report on all approvals of institutional review + boards used by the Department, including central institutional + review boards and commercial institutional review boards. + (2) Elements.--The report required by paragraph (1) shall + include, at a minimum, the following: + (A) The name of each clinical trial with respect to which + the use of an institutional review board has been approved. + (B) The institutional review board or institutional review + boards used in the approval process for each clinical trial. + (C) The amount of time between submission and approval. + SEC. 705. CREATION OF OFFICE OF RESEARCH REVIEWS WITHIN THE OFFICE + OF INFORMATION AND TECHNOLOGY OF THE DEPARTMENT OF VETERANS + AFFAIRS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish within the Office of Information and Technology of the Department of Veterans Affairs an Office of Research Reviews (in this section referred to as the ``Office''). (b) Elements.--The Office shall do the following: - (1) Perform centralized security reviews and complete - security processes for approved research sponsored outside the - Department, with a focus on multi-site clinical trials. - (2) Develop and maintain a list of commercially available - software preferred for use in sponsored clinical trials of the - Department and ensure such list is maintained as part of the - official approved software products list of the Department. - (3) Develop benchmarks for appropriate timelines for - security reviews conducted by the Office. + (1) Perform centralized security reviews and complete security + processes for approved research sponsored outside the Department, + with a focus on multi-site clinical trials. + (2) Develop and maintain a list of commercially available + software preferred for use in sponsored clinical trials of the + Department and ensure such list is maintained as part of the + official approved software products list of the Department. + (3) Develop benchmarks for appropriate timelines for security + reviews conducted by the Office. (c) Report.-- - (1) In general.--Not later than one year after the - establishment of the Office, the Office shall submit to the - Committee on Veterans' Affairs of the Senate and the Committee - on Veterans' Affairs of the House of Representatives a report - on the activity of the Office. - (2) Elements.--The report required by paragraph (1) shall - include, at a minimum, the following: - (A) The number of security reviews completed. - (B) The number of personnel assigned for performing - the functions described in subsection (b). - - Passed the Senate August 5, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 785 - -_______________________________________________________________________ - - AN ACT - - To improve mental health care provided by the Department of Veterans - Affairs, and for other purposes. + (1) In general.--Not later than one year after the + establishment of the Office, the Office shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee on + Veterans' Affairs of the House of Representatives a report on the + activity of the Office. + (2) Elements.--The report required by paragraph (1) shall + include, at a minimum, the following: + (A) The number of security reviews completed. + (B) The number of personnel assigned for performing the + functions described in subsection (b). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From bb14cb57641d0e20b8e48f6598973a98744b8682 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 757/984] Senate-832: Introduced to Senate --- bills_text/Senate-832.txt | 40 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 40 insertions(+) create mode 100644 bills_text/Senate-832.txt diff --git a/bills_text/Senate-832.txt b/bills_text/Senate-832.txt new file mode 100644 index 0000000..b6386ff --- /dev/null +++ b/bills_text/Senate-832.txt @@ -0,0 +1,40 @@ +116th CONGRESS + 1st Session + S. 832 + +To nullify the Supplemental Treaty Between the United States of America + and the Confederated Tribes and Bands of Indians of Middle Oregon, + concluded on November 15, 1865. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 14, 2019 + +Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; + which was read twice and referred to the Committee on Indian Affairs + +_______________________________________________________________________ + + A BILL + + + +To nullify the Supplemental Treaty Between the United States of America + and the Confederated Tribes and Bands of Indians of Middle Oregon, + concluded on November 15, 1865. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. NULLIFICATION OF TREATY. + + The Supplemental Treaty Between the United States of America and +the Confederated Tribes and Bands of Indians of Middle Oregon, +concluded on November 15, 1865, and entered into pursuant to the Senate +resolution of ratification dated March 2, 1867 (14 Stat. 751), shall +have no force or effect. + \ No newline at end of file From a20bb6c36d8f0abd5f0095c4edec8b02a8577680 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 758/984] Senate-832: Engrossed in Senate --- bills_text/Senate-832.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-832.txt b/bills_text/Senate-832.txt index b6386ff..d96f6d3 100644 --- a/bills_text/Senate-832.txt +++ b/bills_text/Senate-832.txt @@ -2,24 +2,9 @@ 1st Session S. 832 -To nullify the Supplemental Treaty Between the United States of America - and the Confederated Tribes and Bands of Indians of Middle Oregon, - concluded on November 15, 1865. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 14, 2019 - -Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; - which was read twice and referred to the Committee on Indian Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -37,4 +22,22 @@ the Confederated Tribes and Bands of Indians of Middle Oregon, concluded on November 15, 1865, and entered into pursuant to the Senate resolution of ratification dated March 2, 1867 (14 Stat. 751), shall have no force or effect. - \ No newline at end of file + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 832 + +_______________________________________________________________________ + + AN ACT + +To nullify the Supplemental Treaty Between the United States of America + and the Confederated Tribes and Bands of Indians of Middle Oregon, + concluded on November 15, 1865. From 21968c15e16e8130d36c7202122500bf63c740c8 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 759/984] Senate-832: Enrolled --- bills_text/Senate-832.txt | 45 +++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/Senate-832.txt b/bills_text/Senate-832.txt index d96f6d3..68ff24b 100644 --- a/bills_text/Senate-832.txt +++ b/bills_text/Senate-832.txt @@ -1,43 +1,36 @@ -116th CONGRESS - 1st Session - S. 832 + S.832 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To nullify the Supplemental Treaty Between the United States of America - and the Confederated Tribes and Bands of Indians of Middle Oregon, - concluded on November 15, 1865. + and the Confederated Tribes and Bands of Indians of Middle Oregon, + concluded on November 15, 1865. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. NULLIFICATION OF TREATY. - The Supplemental Treaty Between the United States of America and the Confederated Tribes and Bands of Indians of Middle Oregon, concluded on November 15, 1865, and entered into pursuant to the Senate resolution of ratification dated March 2, 1867 (14 Stat. 751), shall have no force or effect. - Passed the Senate June 27, 2019. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 832 - -_______________________________________________________________________ - - AN ACT - -To nullify the Supplemental Treaty Between the United States of America - and the Confederated Tribes and Bands of Indians of Middle Oregon, - concluded on November 15, 1865. + Vice President of the United States and + President of the Senate. From 89ec2300b12876372cf08d0abb1f084cb1ddc7d6 Mon Sep 17 00:00:00 2001 From: "Sen. Kennedy, John [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 760/984] Senate-862: Introduced to Senate --- bills_text/Senate-862.txt | 44 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/Senate-862.txt diff --git a/bills_text/Senate-862.txt b/bills_text/Senate-862.txt new file mode 100644 index 0000000..560fbd6 --- /dev/null +++ b/bills_text/Senate-862.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + S. 862 + + To repeal the sunset for collateral requirements for Small Business + Administration disaster loans. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 25, 2019 + + Mr. Kennedy (for himself, Mr. Booker, and Mr. Rubio) introduced the + following bill; which was read twice and referred to the Committee on + Small Business and Entrepreneurship + +_______________________________________________________________________ + + A BILL + + + + To repeal the sunset for collateral requirements for Small Business + Administration disaster loans. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Rebuilding Small Businesses After +Disasters Act''. + +SEC. 2. REPEAL OF SUNSET FOR COLLATERAL REQUIREMENTS FOR SBA DISASTER + LOANS. + + Section 2102 of the RISE After Disaster Act of 2015 (Public Law +114-88; 129 Stat. 690) is amended-- + (1) by striking ``(a) In General.--''; and + (2) by striking subsections (b) and (c). + \ No newline at end of file From d2267e6e8d89f9e7a4d761c9f5a7c918703cc2b5 Mon Sep 17 00:00:00 2001 From: "Sen. Kennedy, John [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 761/984] Senate-862: Engrossed in Senate --- bills_text/Senate-862.txt | 70 +++++++++++++++++++++++++-------------- 1 file changed, 46 insertions(+), 24 deletions(-) diff --git a/bills_text/Senate-862.txt b/bills_text/Senate-862.txt index 560fbd6..71a30bb 100644 --- a/bills_text/Senate-862.txt +++ b/bills_text/Senate-862.txt @@ -2,28 +2,13 @@ 1st Session S. 862 - To repeal the sunset for collateral requirements for Small Business - Administration disaster loans. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - March 25, 2019 - - Mr. Kennedy (for himself, Mr. Booker, and Mr. Rubio) introduced the - following bill; which was read twice and referred to the Committee on - Small Business and Entrepreneurship - _______________________________________________________________________ - A BILL + AN ACT - To repeal the sunset for collateral requirements for Small Business + To extend the sunset for collateral requirements for Small Business Administration disaster loans. Be it enacted by the Senate and House of Representatives of the @@ -34,11 +19,48 @@ SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuilding Small Businesses After Disasters Act''. -SEC. 2. REPEAL OF SUNSET FOR COLLATERAL REQUIREMENTS FOR SBA DISASTER - LOANS. +SEC. 2. EXTENSION OF SUNSET FOR COLLATERAL REQUIREMENTS FOR SBA + DISASTER LOANS. + + Section 2102(b) of the RISE After Disaster Act of 2015 (15 U.S.C. +636 note) is amended, in the matter preceding paragraph (1), by +striking ``4 years'' and inserting ``7 years''. + +SEC. 3. GAO REPORT ON DEFAULT RATES. + + Not later than 1 year after the date of enactment of this Act, the +Comptroller General of the United States shall submit to the Committee +on Small Business and Entrepreneurship of the Senate and the Committee +on Small Business of the House of Representatives a report comparing-- + (1) the performance, including the default rate, of loans + made under section 7(b)(1) of the Small Business Act (15 U.S.C. + 636(b)(1)) during the period-- + (A) beginning on January 1, 2000; and + (B) ending on the date on which the Small Business + Administration began making loans in accordance with + the amendment made by section 2102(a) of the RISE After + Disaster Act of 2015 (Public Law 114-88; 129 Stat. + 690); and + (2) the performance, including the default rate, of loans + made under 7(b)(1) of the Small Business Act (15 U.S.C. + 636(b)(1)) in accordance with the amendment made by section + 2102(a) of the RISE After Disaster Act of 2015 (Public Law 114- + 88; 129 Stat. 690). + + Passed the Senate August 1, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 862 - Section 2102 of the RISE After Disaster Act of 2015 (Public Law -114-88; 129 Stat. 690) is amended-- - (1) by striking ``(a) In General.--''; and - (2) by striking subsections (b) and (c). - \ No newline at end of file +_______________________________________________________________________ + + AN ACT + + To extend the sunset for collateral requirements for Small Business + Administration disaster loans. From 0489f9b653f73353bc7a86b21c8b3686ea89b2cb Mon Sep 17 00:00:00 2001 From: "Sen. Kennedy, John [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 762/984] Senate-862: Enrolled --- bills_text/Senate-862.txt | 76 +++++++++++++++++---------------------- 1 file changed, 32 insertions(+), 44 deletions(-) diff --git a/bills_text/Senate-862.txt b/bills_text/Senate-862.txt index 71a30bb..d03e8ac 100644 --- a/bills_text/Senate-862.txt +++ b/bills_text/Senate-862.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 862 + S.862 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -13,54 +22,33 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Rebuilding Small Businesses After Disasters Act''. - SEC. 2. EXTENSION OF SUNSET FOR COLLATERAL REQUIREMENTS FOR SBA - DISASTER LOANS. - +DISASTER LOANS. Section 2102(b) of the RISE After Disaster Act of 2015 (15 U.S.C. 636 note) is amended, in the matter preceding paragraph (1), by striking ``4 years'' and inserting ``7 years''. - SEC. 3. GAO REPORT ON DEFAULT RATES. - Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report comparing-- - (1) the performance, including the default rate, of loans - made under section 7(b)(1) of the Small Business Act (15 U.S.C. - 636(b)(1)) during the period-- - (A) beginning on January 1, 2000; and - (B) ending on the date on which the Small Business - Administration began making loans in accordance with - the amendment made by section 2102(a) of the RISE After - Disaster Act of 2015 (Public Law 114-88; 129 Stat. - 690); and - (2) the performance, including the default rate, of loans - made under 7(b)(1) of the Small Business Act (15 U.S.C. - 636(b)(1)) in accordance with the amendment made by section - 2102(a) of the RISE After Disaster Act of 2015 (Public Law 114- - 88; 129 Stat. 690). - - Passed the Senate August 1, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 862 - -_______________________________________________________________________ - - AN ACT - - To extend the sunset for collateral requirements for Small Business - Administration disaster loans. + (1) the performance, including the default rate, of loans made + under section 7(b)(1) of the Small Business Act (15 U.S.C. + 636(b)(1)) during the period-- + (A) beginning on January 1, 2000; and + (B) ending on the date on which the Small Business + Administration began making loans in accordance with the + amendment made by section 2102(a) of the RISE After Disaster + Act of 2015 (Public Law 114-88; 129 Stat. 690); and + (2) the performance, including the default rate, of loans made + under 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)) in + accordance with the amendment made by section 2102(a) of the RISE + After Disaster Act of 2015 (Public Law 114-88; 129 Stat. 690). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 05664bc069b711bf281974c23aed537a4bb219ac Mon Sep 17 00:00:00 2001 From: "Sen. Cassidy, Bill [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 763/984] Senate-863: Engrossed in Senate --- bills_text/Senate-863.txt | 91 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 91 insertions(+) create mode 100644 bills_text/Senate-863.txt diff --git a/bills_text/Senate-863.txt b/bills_text/Senate-863.txt new file mode 100644 index 0000000..79caee1 --- /dev/null +++ b/bills_text/Senate-863.txt @@ -0,0 +1,91 @@ +116th CONGRESS + 1st Session + S. 863 + +_______________________________________________________________________ + + AN ACT + + + +To amend title 38, United States Code, to clarify the grade and pay of + podiatrists of the Department of Veterans Affairs. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. CLARIFICATION OF GRADE AND PAY OF PODIATRISTS OF THE + DEPARTMENT OF VETERANS AFFAIRS. + + (a) Grade.--The list in section 7404(b) of title 38, United States +Code, is amended-- + (1) by striking ``PODIATRIC SURGEON (DPM)'' and inserting + ``PODIATRIST''; and + (2) by inserting after the item relating to ``Physician and + surgeon grade.'' the following new item: + ``Podiatrist grade.''. + (b) Pay.-- + (1) In general.--Section 7431 of such title is amended-- + (A) by striking ``physician and dentist'' each + place it appears and inserting ``physician, podiatrist, + and dentist''; + (B) by striking ``physicians and dentists'' each + place it appears and inserting ``physicians, + podiatrists, and dentists''; + (C) by striking ``physician or dentist'' each place + it appears and inserting ``physician, podiatrist, or + dentist''; + (D) by striking ``physicians or dentists'' each + place it appears and inserting ``physicians, + podiatrists, or dentists''; + (E) by striking ``Physician and Dentist'' each + place it appears and inserting ``Physician, Podiatrist, + and Dentist''; and + (F) in subsection (e)(1)(A), by inserting + ``podiatrists and'' before ``dentists.''. + (2) Administrative matters.--Section 7433 of such title is + amended by striking ``physicians and dentists'' each place it + appears and inserting ``physicians, podiatrists, and + dentists''. + (3) Conforming amendment.--The heading of subchapter III of + chapter 74 of such title is amended by inserting ``, + PODIATRISTS,'' after ``PHYSICIANS''. + (4) Clerical amendment.--The table of sections at the + beginning of chapter 74 of such title is amended by striking + the item relating to subchapter III and inserting the following + new item: + + ``subchapter iii--pay for physicians, podiatrists, and dentists''. + + (5) Technical amendment.--Section 7433 of such title is + further amended-- + (A) by striking subsection (b); + (B) in subsection (a)-- + (i) by striking ``(1) The Secretary'' and + inserting ``The Secretary''; and + (ii) by redesignating paragraph (2) as + subsection (b); and + (C) in subsection (b), as so redesignated-- + (i) by striking ``In prescribing'' and + inserting ``Recommendations and Views.--In + prescribing''; and + (ii) by striking ``this paragraph'' and + inserting ``this subsection''. + + Passed the Senate March 25, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 863 + +_______________________________________________________________________ + + AN ACT + +To amend title 38, United States Code, to clarify the grade and pay of + podiatrists of the Department of Veterans Affairs. From 0857449747290cfb9dedd84060f775e65157ff61 Mon Sep 17 00:00:00 2001 From: "Sen. Cassidy, Bill [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 764/984] Senate-863: Enrolled --- bills_text/Senate-863.txt | 140 +++++++++++++++++--------------------- 1 file changed, 64 insertions(+), 76 deletions(-) diff --git a/bills_text/Senate-863.txt b/bills_text/Senate-863.txt index 79caee1..5a115d0 100644 --- a/bills_text/Senate-863.txt +++ b/bills_text/Senate-863.txt @@ -1,91 +1,79 @@ -116th CONGRESS - 1st Session - S. 863 + S.863 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act -To amend title 38, United States Code, to clarify the grade and pay of + To amend title 38, United States Code, to clarify the grade and pay of podiatrists of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. CLARIFICATION OF GRADE AND PAY OF PODIATRISTS OF THE - DEPARTMENT OF VETERANS AFFAIRS. - +DEPARTMENT OF VETERANS AFFAIRS. (a) Grade.--The list in section 7404(b) of title 38, United States Code, is amended-- - (1) by striking ``PODIATRIC SURGEON (DPM)'' and inserting - ``PODIATRIST''; and - (2) by inserting after the item relating to ``Physician and - surgeon grade.'' the following new item: + (1) by striking ``PODIATRIC SURGEON (DPM)'' and inserting + ``PODIATRIST''; and + (2) by inserting after the item relating to ``Physician and + surgeon grade.'' the following new item: ``Podiatrist grade.''. (b) Pay.-- - (1) In general.--Section 7431 of such title is amended-- - (A) by striking ``physician and dentist'' each - place it appears and inserting ``physician, podiatrist, - and dentist''; - (B) by striking ``physicians and dentists'' each - place it appears and inserting ``physicians, - podiatrists, and dentists''; - (C) by striking ``physician or dentist'' each place - it appears and inserting ``physician, podiatrist, or - dentist''; - (D) by striking ``physicians or dentists'' each - place it appears and inserting ``physicians, - podiatrists, or dentists''; - (E) by striking ``Physician and Dentist'' each - place it appears and inserting ``Physician, Podiatrist, - and Dentist''; and - (F) in subsection (e)(1)(A), by inserting - ``podiatrists and'' before ``dentists.''. - (2) Administrative matters.--Section 7433 of such title is - amended by striking ``physicians and dentists'' each place it + (1) In general.--Section 7431 of such title is amended-- + (A) by striking ``physician and dentist'' each place it + appears and inserting ``physician, podiatrist, and dentist''; + (B) by striking ``physicians and dentists'' each place it appears and inserting ``physicians, podiatrists, and - dentists''. - (3) Conforming amendment.--The heading of subchapter III of - chapter 74 of such title is amended by inserting ``, - PODIATRISTS,'' after ``PHYSICIANS''. - (4) Clerical amendment.--The table of sections at the - beginning of chapter 74 of such title is amended by striking - the item relating to subchapter III and inserting the following - new item: - - ``subchapter iii--pay for physicians, podiatrists, and dentists''. - - (5) Technical amendment.--Section 7433 of such title is - further amended-- - (A) by striking subsection (b); - (B) in subsection (a)-- - (i) by striking ``(1) The Secretary'' and - inserting ``The Secretary''; and - (ii) by redesignating paragraph (2) as - subsection (b); and - (C) in subsection (b), as so redesignated-- - (i) by striking ``In prescribing'' and - inserting ``Recommendations and Views.--In - prescribing''; and - (ii) by striking ``this paragraph'' and - inserting ``this subsection''. - - Passed the Senate March 25, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 863 - -_______________________________________________________________________ - - AN ACT - -To amend title 38, United States Code, to clarify the grade and pay of - podiatrists of the Department of Veterans Affairs. + dentists''; + (C) by striking ``physician or dentist'' each place it + appears and inserting ``physician, podiatrist, or dentist''; + (D) by striking ``physicians or dentists'' each place it + appears and inserting ``physicians, podiatrists, or dentists''; + (E) by striking ``Physician and Dentist'' each place it + appears and inserting ``Physician, Podiatrist, and Dentist''; + and + (F) in subsection (e)(1)(A), by inserting ``podiatrists + and'' before ``dentists.''. + (2) Administrative matters.--Section 7433 of such title is + amended by striking ``physicians and dentists'' each place it + appears and inserting ``physicians, podiatrists, and dentists''. + (3) Conforming amendment.--The heading of subchapter III of + chapter 74 of such title is amended by inserting ``, PODIATRISTS,'' + after ``PHYSICIANS''. + (4) Clerical amendment.--The table of sections at the beginning + of chapter 74 of such title is amended by striking the item + relating to subchapter III and inserting the following new item: + + ``subchapter iii--pay for physicians, podiatrists, and dentists''. + + (5) Technical amendment.--Section 7433 of such title is further + amended-- + (A) by striking subsection (b); + (B) in subsection (a)-- + (i) by striking ``(1) The Secretary'' and inserting + ``The Secretary''; and + (ii) by redesignating paragraph (2) as subsection (b); + and + (C) in subsection (b), as so redesignated-- + (i) by striking ``In prescribing'' and inserting + ``Recommendations and Views.--In prescribing''; and + (ii) by striking ``this paragraph'' and inserting + ``this subsection''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From b76daa0837783c5ccbc92cb1bb2643926966c6b1 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 765/984] Senate-881: Introduced to Senate --- bills_text/Senate-881.txt | 532 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 532 insertions(+) create mode 100644 bills_text/Senate-881.txt diff --git a/bills_text/Senate-881.txt b/bills_text/Senate-881.txt new file mode 100644 index 0000000..2618462 --- /dev/null +++ b/bills_text/Senate-881.txt @@ -0,0 +1,532 @@ +116th CONGRESS + 1st Session + S. 881 + + To improve understanding and forecasting of space weather events, and + for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 26, 2019 + +Mr. Peters (for himself and Mr. Gardner) introduced the following bill; + which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To improve understanding and forecasting of space weather events, and + for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Space Weather Research and +Forecasting Act''. + +SEC. 2. SPACE WEATHER. + + (a) In General.--Subtitle VI of title 51, United States Code, is +amended by adding after chapter 605 the following: + + ``CHAPTER 607--SPACE WEATHER + +``Sec. +``60701. Space weather. +``60702. Observations and forecasting. +``60703. Research and technology. +``60704. Space weather data. +``Sec. 60701. Space weather + ``(a) Findings.--Congress makes the following findings: + ``(1) Space weather events pose a significant threat to + ground-based and space-based critical infrastructure, modern + technological systems, and humans working in space. + ``(2) The effects of severe space weather events on the + electric power grid, satellites and satellite communications + and information, aviation operations, astronauts living and + working in space, and space-based position, navigation, and + timing systems could have significant societal, economic, + national security, and health impacts. + ``(3) Earth and space observations provide crucial data + necessary to predict and warn about space weather events. + ``(4) Clear roles and accountability of Federal departments + and agencies are critical for an efficient and effective + response to threats posed by space weather. + ``(5) Space weather observation and forecasting are + essential for the success of space exploration. + ``(6) In October 2015, the National Science and Technology + Council published a National Space Weather Strategy and a + National Space Weather Action Plan seeking to integrate + national space weather efforts and add new capabilities to meet + increasing demand for space weather information. + ``(b) Federal Agency Roles.-- + ``(1) Findings.--Congress makes the following findings: + ``(A) The National Oceanic and Atmospheric + Administration-- + ``(i) provides operational space weather + forecasting and monitoring for civil + applications; + ``(ii) maintains ground and space-based + assets to provide observations needed for + forecasting, prediction, and warnings; + ``(iii) provides research to support + operation responsibilities; and + ``(iv) develops requirements for space + weather forecasting technologies and science. + ``(B) The Department of Defense provides + operational space weather forecasting, monitoring, and + research for the department's unique missions and + applications. + ``(C) The National Aeronautics and Space + Administration provides increased understanding of the + fundamental physics of the Sun-Earth system through + space-based observations and modeling, develops new + space-based technologies and missions, and monitors + space weather for NASA's space missions. + ``(D) The National Science Foundation provides + increased understanding of the Sun-Earth system through + ground-based measurements, technologies, and modeling. + ``(E) The Department of the Interior collects, + distributes, and archives operational ground-based + magnetometer data in the United States and its + territories, works with the international community to + improve global geophysical monitoring, and develops + crustal conductivity models to assess and mitigate risk + from space weather induced electric ground currents. + ``(F) The Federal Aviation Administration provides + operational requirements for space weather services in + support of aviation and for coordination of these + requirements with the International Civil Aviation + Organization, integrates space weather data and + products into the Next Generation Air Transportation + System. + ``(2) Office of science and technology policy.--The + Director of the Office of Science and Technology Policy shall-- + ``(A) coordinate the development and implementation + of Federal Government activities to improve the ability + of the United States to prepare, avoid, mitigate, + respond to, and recover from potentially devastating + impacts of space weather events; and + ``(B) coordinate the activities of the space + weather interagency working group established under + subsection (c). + ``(c) Space Weather Interagency Working Group.--The National +Science and Technology Council shall establish an interagency working +group on space weather (referred to in this section as the `interagency +working group') to continue coordination of executive branch efforts to +understand, prepare, coordinate, and plan for space weather. + ``(d) Membership.--In order to understand and respond to the +adverse effects of space weather, the interagency working group shall +leverage capabilities across participating Federal agencies, +including-- + ``(1) the National Oceanic and Atmospheric Administration; + ``(2) the National Aeronautics and Space Administration; + ``(3) the National Science Foundation; + ``(4) the Department of Defense; + ``(5) the Department of the Interior; + ``(6) the Department of Homeland Security; + ``(7) the Department of Energy; + ``(8) the Department of Transportation, including the + Federal Aviation Administration; and + ``(9) the Department of State. + ``(e) Interagency Agreements.-- + ``(1) Sense of congress.--It is the sense of Congress that + the interagency collaboration between the National Aeronautics + and Space Administration and the National Oceanic and + Atmospheric Administration on terrestrial weather observations + provides-- + ``(A) an effective mechanism for improving weather + and climate data collection while avoiding unnecessary + duplication of capabilities across Federal agencies; + and + ``(B) an agency collaboration model that could + benefit space weather observations. + ``(2) Interagency agreements.--The Administrator of the + National Aeronautics and Space Administration and the + Administrator of the National Oceanic and Atmospheric + Administration shall enter into one or more interagency + agreements providing for cooperation and collaboration in the + development of space weather spacecraft, instruments, and + technologies in accordance with this chapter. + ``(f) Space Weather Advisory Group.-- + ``(1) Establishment.--The interagency working group shall + establish a space weather advisory group (in this chapter + referred to as the `advisory group') to facilitate + communication and knowledge transfer among Federal Government + agencies, the academic community, the commercial sector, and + space weather end users. + ``(2) Composition.--The advisory group shall be composed of + not more than 15 members appointed by the interagency working + group, of whom-- + ``(A) 5 members shall be representatives of the + academic community; + ``(B) 5 members shall be representatives of the + commercial sector; and + ``(C) 5 members shall be nongovernmental + representatives of the space weather end user + community. + ``(3) Chair.--Not later than 30 days after the date on + which the last member of the advisory group is appointed under + paragraph (2), the interagency working group shall appoint 1 + member as the Chair of the advisory group. + ``(4) Terms.--The length of the term of each member of the + advisory group shall be 3 years beginning on the date on which + the member is appointed. + ``(5) Term limits.-- + ``(A) In general.--A member of the advisory group + may not serve on the advisory group for more than 2 + consecutive terms. + ``(B) Chair.--A member of the advisory group may + not serve as the Chair of the advisory group for more + than 2 terms, regardless of whether the terms are + consecutive. + ``(6) Duties.--The duties of the advisory group shall be as + follows: + ``(A) To facilitate advances in the space weather + enterprise of the United States. + ``(B) To improve the ability of the United States + to prepare for, avoid, mitigate, respond to, and + recover from space weather events. + ``(C) To enable the coordination of research to + operations and operations to research, as described in + section 60703(d). + ``(D) To advise the interagency working group with + respect to the development and implementation of the + integrated strategy developed under section 60702(b) + and subsequent updates and reevaluations. +``Sec. 60702. Observations and forecasting + ``(a) Policy.--It is the policy of the United States to establish +and sustain a baseline capability for space weather observations. + ``(b) Integrated Strategy.-- + ``(1) In general.--The Director of the Office of Science + and Technology Policy, in coordination with the Administrator + of the National Oceanic and Atmospheric Administration, the + Administrator of the National Aeronautics and Space + Administration, the Director of the National Science + Foundation, and the Secretary of Defense, and in consultation + with the academic community, the commercial sector, and the + advisory group shall develop an integrated strategy for solar, + solar wind, and geospace observations beyond the lifetime of + current assets that considers the provision of solar, solar + wind, and geospace measurements and other space weather + measurements-- + ``(A) essential to space weather forecasting; and + ``(B) important for scientific purposes. + ``(2) Considerations.--In developing the strategy under + paragraph (1), the Director of the Office of Science and + Technology Policy shall-- + ``(A) consider small satellite options, hosted + payloads, commercial options, international options, + and prize authority; and + ``(B) leverage and build on work conducted before + the date of the enactment of this chapter by the + National Science and Technology Council with respect to + space weather. + ``(c) Critical Observations.--In order to sustain current space- +based observational capabilities, the Administrator of the National +Aeronautics and Space Administration shall-- + ``(1) in cooperation with the European Space Agency and + other international and interagency partners, maintain + operations of the Solar and Heliospheric Observatory/Large + Angle and Spectrometric Coronagraph (referred to in this + section as `SOHO/LASCO') for as long as the satellite continues + to deliver quality observations; and + ``(2) prioritize the reception of LASCO data. + ``(d) Additional Capability for Solar Imaging.-- + ``(1) In general.--The Administrator of the National + Oceanic and Atmospheric Administration shall secure reliable + secondary capability for near real-time coronal mass ejection + imagery. + ``(2) Options.--The Administrator of the National Oceanic + and Atmospheric Administration, in coordination with the + Secretary of Defense and the Administrator of the National + Aeronautics and Space Administration, shall develop options to + build and deploy one or more instruments for near real-time + coronal mass ejection imagery. + ``(3) Considerations.--In developing options under + paragraph (2), the Administrator of the National Oceanic and + Atmospheric Administration shall consider commercial solutions, + prize authority, academic and international partnerships, + microsatellites, ground-based instruments, and opportunities to + deploy the instrument or instruments as a secondary payload on + an upcoming planned launch. + ``(4) Costs.--In implementing paragraph (1), the + Administrator of the National Oceanic and Atmospheric + Administration shall prioritize a cost-effective solution. + ``(5) Operational planning.--The Administrator of the + National Oceanic and Atmospheric Administration shall develop + an operational contingency plan to provide continuous space + weather forecasting in the event of a SOHO/LASCO failure. + ``(6) Briefing.--Not later than 120 days after the date of + enactment of the Space Weather Research and Forecasting Act, + the Administrator of the National Oceanic and Atmospheric + Administration shall provide a briefing to the Committee on + Commerce, Science, and Transportation of the Senate and the + Committee on Science, Space, and Technology of the House of + Representatives on the options for building and deploying the + instrument or instruments described in paragraph (2) and the + operational contingency plan developed under paragraph (5). + ``(e) Follow-On Space-Based Observations.--The Administrator of the +National Oceanic and Atmospheric Administration, in coordination with +the Secretary of Defense, shall develop requirements and a plan for +follow-on space-based observations for operational purposes, in +accordance with the integrated strategy developed under subsection (b). + ``(f) Report.--Not later than 180 days after the date of enactment +of the Space Weather Research and Forecasting 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 the integrated strategy under subsection +(b), including the plans for follow-on space-based observations under +subsection (e). + ``(g) Ground-Based Observations.--The National Science Foundation, +the United States Geological Survey, the Air Force, and where +practicable in support of the Air Force, the Navy shall each-- + ``(1) maintain and improve, as necessary and advisable, + ground-based observations of the Sun to help meet the + priorities identified in section 60703(a); and + ``(2) provide space weather data by means of its set of + ground-based facilities, including radars, lidars, + magnetometers, radio receivers, aurora and airglow imagers, + spectrometers, interferometers, and solar observatories. + ``(h) Ground-Based Observations Data.--The National Science +Foundation shall-- + ``(1) make available to the public key data streams from + the platforms described in subsection (g) for research and to + support space weather model development; + ``(2) develop experimental models for scientific purposes; + and + ``(3) support the transition of the experimental models to + operations where appropriate. +``Sec. 60703. Research and technology + ``(a) User Needs.-- + ``(1) In general.--The Administrator of the National + Oceanic and Atmospheric Administration, the Secretary of the + Air Force, and where practicable in support of the Air Force, + the Secretary of the Navy, in conjunction with the heads of + other relevant Federal agencies, shall conduct a comprehensive + survey to identify and prioritize the needs of space weather + forecast users, including space weather data and space weather + forecast data needed to improve services and inform research + priorities and technology needs. + ``(2) Contents.--In conducting the comprehensive survey + under paragraph (1), the Administrator of the National Oceanic + and Atmospheric Administration, the Secretary of the Air Force, + and where practicable in support of the Air Force, the + Secretary of the Navy, at a minimum, shall-- + ``(A) consider the goals for forecast lead time, + accuracy, coverage, timeliness, data rate, and data + quality for space weather observations; + ``(B) identify opportunities to address the needs + identified under paragraph (1) through collaborations + with academia, the private sector, and the + international community; + ``(C) identify opportunities for new technologies + and instrumentation to address the needs identified + under paragraph (1); and + ``(D) publish a report on the findings under + subparagraphs (A) through (C). + ``(3) Publication.--Not later than 1 year after the date of + the enactment of the Space Weather Research and Forecasting + Act, and every 3 years thereafter, the Administrator of the + National Oceanic and Atmospheric Administration, the Secretary + of the Air Force, and where practicable in support of the Air + Force, the Secretary of the Navy, shall-- + ``(A) make the results of the comprehensive survey + publicly available; and + ``(B) notify the Committee on Commerce, Science, + and Transportation of the Senate and the Committee on + Science, Space, and Technology of the House of + Representatives of the publication under subparagraph + (A). + ``(b) Research Activities.-- + ``(1) Basic research.--The Director of the National Science + Foundation, the Administrator of the National Aeronautics and + Space Administration, and the Secretary of Defense shall + continue to carry out basic research activities on + heliophysics, geospace science, and space weather and support + competitive, merit-based, peer-reviewed proposals for research, + modeling, and monitoring of space weather and its impacts, + including science goals outlined in Solar and Space Physics + Decadal surveys conducted by the National Academy of Sciences. + ``(2) Multidisciplinary research.-- + ``(A) Findings.--Congress finds that the + multidisciplinary nature of solar and space physics + creates funding challenges that require coordination + across scientific disciplines and Federal agencies. + ``(B) Multidisciplinary research.--The Director of + the National Science Foundation, the Administrator of + the National Oceanic and Atmospheric Administration, + and the Administrator of the National Aeronautics and + Space Administration shall pursue multidisciplinary + research in subjects that further our understanding of + solar physics, space physics, and space weather. + ``(C) Sense of congress.--It is the sense of + Congress that the Administrator of the National + Aeronautics and Space Administration and the Director + of the National Science Foundation should support + competitively awarded Heliophysics Science Centers. + ``(c) Science Missions.--The Administrator of the National +Aeronautics and Space Administration shall seek to implement missions +that meet the science objectives identified in Solar and Space Physics +Decadal surveys conducted by the National Academy of Sciences. + ``(d) Research to Operations; Operations to Research.-- + ``(1) In general.--The Administrator of the National + Aeronautics and Space Administration, the Director of the + National Science Foundation, the Administrator of the National + Oceanic and Atmospheric Administration, the Secretary of the + Air Force, and where practicable in support of the Air Force, + the Secretary of the Navy, shall-- + ``(A) develop a formal mechanism to transition + National Aeronautics and Space Administration, National + Science Foundation, United States Geological Survey, + Air Force, and Navy research findings, models, and + capabilities, as appropriate, to National Oceanic and + Atmospheric Administration and Department of Defense + space weather operational forecasting centers; and + ``(B) enhance coordination between research + modeling centers and forecasting centers. + ``(2) Operational needs.--The Administrator of the National + Oceanic and Atmospheric Administration and the Secretary of + Defense, in coordination with the Administrator of the National + Aeronautics and Space Administration and the Director of the + National Science Foundation, shall develop a formal mechanism + to communicate the operational needs of space weather + forecasters to the research community. + ``(e) Technology Development.-- + ``(1) Findings.--Congress finds that observations and + measurements closer to the Sun or at the Sun-Earth Lagrangian + L5 point with advanced instrumentation would provide for more + advanced warning of space weather disturbances (as defined in + section 3(a) of the Space Weather Research and Forecasting + Act). + ``(2) Technology and instrumentation development.--The + Administrator of the National Aeronautics and Space + Administration and the Director of the National Science + Foundation shall support the development of technologies and + instrumentation to improve space weather forecasting lead-time + and accuracy to meet the needs identified by the Administrator + of the National Oceanic and Atmospheric Administration. +``Sec. 60704. Space weather data + ``(a) In General.--The Administrator of the National Aeronautics +and Space Administration and the Director of the National Science +Foundation shall-- + ``(1) make space weather related data obtained for + scientific research purposes available to space weather + forecasters and operations centers; and + ``(2) support model development and model applications to + space weather forecasting. + ``(b) Research.--The Administrator of the National Oceanic and +Atmospheric Administration shall make space weather related data +obtained from operational forecasting available for scientific +research.''. + (b) Technical and Conforming Amendments.-- + (1) Repeal of section 809.--Section 809 of the National + Aeronautics and Space Administration Authorization Act of 2010 + (42 U.S.C. 18388) and the item relating to that section in the + table of contents under section 1(b) of that Act (124 Stat. + 2806) are repealed. + (2) Table of chapters.--The table of chapters of title 51, + United States Code, is amended by adding after the item + relating to chapter 605 the following: + +``607. Space weather....................................... 60701''. + +SEC. 3. SPACE WEATHER BENCHMARKS. + + (a) Definition of Space Weather Disturbance.--In this section, the +term ``space weather disturbance'' includes geo-electric fields, +ionizing radiation, ionospheric disturbances, solar radio bursts, and +upper atmosphere expansion. + (b) Benchmarks.-- + (1) Review.--The Administrator of the National Aeronautics + and Space Administration shall offer to enter into a contract + with the National Academy of Sciences to review the report of + the National Science and Technology Council entitled ``Space + Weather Phase 1 Benchmarks'' and dated June 2018. + (2) Updates.--The space weather interagency working group + established under section 60701(c) of title 51, United States + Code, shall periodically review and update the benchmarks + described in the report referred to in paragraph (1), as + necessary, based on-- + (A) the results of the review that paragraph; + (B) any significant new data or advances in + scientific understanding that become available; or + (C) the evolving needs of entities impacted by + space weather disturbances. + +SEC. 4. PROTECTION OF CRITICAL INFRASTRUCTURE. + + (a) Definition of Sector-Specific Agency.--In this section, the +term ``sector-specific agency'' has the meaning given the term in +Presidential Policy Directive-21 of February 12, 2013 (Critical +Infrastructure Security and Resilience), or any successor. + (b) Space Weather Hazards.--For purposes of this section, the +Administrator of the National Oceanic and Atmospheric Administration, +in consultation with the heads of other relevant Federal agencies, +shall provide information about space weather hazards to the Secretary +of Homeland Security. + (c) Critical Infrastructure.--The Secretary of Homeland Security, +in consultation with sector-specific agencies, the Administrator of the +National Oceanic and Atmospheric Administration, and the heads of other +relevant agencies, shall-- + (1) include, in meeting national critical infrastructure + reporting requirements, an assessment of the vulnerability of + critical infrastructure to space weather events, as described + by the space weather benchmarks referred to in section 3(b); + and + (2) support critical infrastructure providers in managing + the risks and impacts associated with space weather. + (d) Prohibition on New Regulatory Authority.--Nothing in subsection +(c) may be construed to grant the Secretary of Homeland Security any +authority to promulgate regulations that was not in effect on the day +before the date of enactment of this Act. + +SEC. 5. PROTECTION OF NATIONAL SECURITY ASSETS. + + (a) In General.--The National Security Council, in consultation +with the Office of the Director of National Intelligence, the Secretary +of Defense, and the heads of other relevant Federal agencies, shall-- + (1) assess the vulnerability of the national security + community to space weather events, as described by the space + weather benchmarks referred to in section 3(b); and + (2) develop national security mechanisms to protect + national security assets from space weather threats. + (b) Cooperation.--The Secretary of Defense, in consultation with +the heads of other relevant Federal agencies, shall provide information +about space weather hazards to the National Security Council, Director +of National Intelligence, and heads of Defense Agencies for purposes of +this section. + +SEC. 6. ENSURING THE SAFETY OF CIVIL AVIATION. + + (a) In General.--The Administrator of the Federal Aviation +Administration, in consultation with the heads of other relevant +Federal agencies, shall-- + (1) assess the safety implications and vulnerability of the + national airspace system by space weather events, as described + by the space weather benchmarks referred to in section 3(b); + (2) assess methods to mitigate the safety implications and + effects of space weather on aviation communication and + navigation systems, satellite and ground-based navigation + systems, and potential health effects of radiation exposure; + and + (3) assess options for incorporating space weather into + operational training for pilots, cabin crew, dispatchers, air + traffic controllers, meteorologists, and engineers. + (b) Space Weather Communication.--The Administrator of the Federal +Aviation Administration, in consultation with the heads of other +relevant Federal agencies, shall develop methods to increase the +interaction between the aviation community and the space weather +research and service provider community. + \ No newline at end of file From d94923d9ba6733243703f6d133d222e0c8fd5276 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 766/984] Senate-881: Engrossed in Senate --- bills_text/Senate-881.txt | 1026 ++++++++++++++++++++----------------- 1 file changed, 563 insertions(+), 463 deletions(-) diff --git a/bills_text/Senate-881.txt b/bills_text/Senate-881.txt index 2618462..b5be7f5 100644 --- a/bills_text/Senate-881.txt +++ b/bills_text/Senate-881.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 881 - To improve understanding and forecasting of space weather events, and - for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 26, 2019 - -Mr. Peters (for himself and Mr. Gardner) introduced the following bill; - which was read twice and referred to the Committee on Commerce, - Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -31,68 +16,96 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``Space Weather Research and -Forecasting Act''. + This Act may be cited as the ``Promoting Research and Observations +of Space Weather to Improve the Forecasting of Tomorrow Act'' or the +``PROSWIFT Act''. SEC. 2. SPACE WEATHER. - (a) In General.--Subtitle VI of title 51, United States Code, is -amended by adding after chapter 605 the following: + (a) Policy.--It shall be the policy of the United States to prepare +and protect against the social and economic impacts of space weather +phenomena by supporting actions to improve space weather forecasts and +predictions including: sustaining and enhancing critical observations, +identifying research needs and promoting opportunities for research-to- +operations and operations-to-research collaborations both within and +outside of the Federal Government, advancing space weather models, +engaging with all sectors of the space weather community, including +academia, the commercial sector, and international partners, and +understanding the needs of space weather end users. + (b) Amendment to Title 51, United States Code.--Subtitle VI of +title 51, United States Code, is amended by adding after chapter 605 +the following: - ``CHAPTER 607--SPACE WEATHER + ``CHAPTER 606--SPACE WEATHER ``Sec. -``60701. Space weather. -``60702. Observations and forecasting. -``60703. Research and technology. -``60704. Space weather data. -``Sec. 60701. Space weather - ``(a) Findings.--Congress makes the following findings: - ``(1) Space weather events pose a significant threat to - ground-based and space-based critical infrastructure, modern - technological systems, and humans working in space. - ``(2) The effects of severe space weather events on the - electric power grid, satellites and satellite communications - and information, aviation operations, astronauts living and - working in space, and space-based position, navigation, and - timing systems could have significant societal, economic, - national security, and health impacts. - ``(3) Earth and space observations provide crucial data - necessary to predict and warn about space weather events. - ``(4) Clear roles and accountability of Federal departments - and agencies are critical for an efficient and effective - response to threats posed by space weather. - ``(5) Space weather observation and forecasting are - essential for the success of space exploration. - ``(6) In October 2015, the National Science and Technology - Council published a National Space Weather Strategy and a - National Space Weather Action Plan seeking to integrate - national space weather efforts and add new capabilities to meet - increasing demand for space weather information. - ``(b) Federal Agency Roles.-- - ``(1) Findings.--Congress makes the following findings: +``60601. Space weather. +``60602. Integrated strategy. +``60603. Sustaining and advancing critical space weather observations. +``60604. Research activities. +``60605. Space weather data. +``60606. Space weather knowledge transfer and information exchange. +``60607. Pilot program for obtaining commercial sector space weather + data. +``60608. Space weather benchmarks. +``Sec. 60601. Space weather + ``(a) Findings.-- + ``(1) Space weather.--Congress makes the following findings + with respect to space weather: + ``(A) Space weather phenomena pose a significant + threat to ground-based and space-based critical + infrastructure, modern technological systems, and + humans working in space. + ``(B) The effects of severe space weather on the + electric power grid, satellites and satellite + communications and information, aviation operations, + astronauts living and working in space, and space-based + position, navigation, and timing systems could have + significant societal, economic, national security, and + health impacts. + ``(C) Space-based and ground-based observations + provide crucial data necessary to understand, forecast, + and prepare for space weather phenomena. + ``(D) Clear roles and accountability of Federal + departments and agencies are critical for efficient and + effective response to threats posed by space weather. + ``(E) Space weather observation and forecasting are + essential for the success of human and robotic space + exploration. + ``(F) In October 2015, the National Science and + Technology Council published a National Space Weather + Strategy and a National Space Weather Action Plan + seeking to integrate national space weather efforts and + add new capabilities to meet increasing demand for + space weather information. + ``(G) In March 2019, the National Science and + Technology Council published an updated National Space + Weather Strategy and Action Plan to enhance the + preparedness and resilience of the United States to + space weather. + ``(2) Role of federal agencies.--Congress makes the + following findings with respect to the role of Federal agencies + on space weather: ``(A) The National Oceanic and Atmospheric - Administration-- - ``(i) provides operational space weather - forecasting and monitoring for civil - applications; - ``(ii) maintains ground and space-based - assets to provide observations needed for - forecasting, prediction, and warnings; - ``(iii) provides research to support - operation responsibilities; and - ``(iv) develops requirements for space - weather forecasting technologies and science. + Administration provides operational space weather + monitoring, forecasting, and long-term data archiving + and access for civil applications, maintains ground- + based and space-based assets to provide observations + needed for space weather forecasting, prediction, and + warnings, provides research to support operational + responsibilities, and develops requirements for space + weather forecasting technologies and science. ``(B) The Department of Defense provides - operational space weather forecasting, monitoring, and - research for the department's unique missions and + operational space weather research, monitoring, and + forecasting for the Department's unique missions and applications. ``(C) The National Aeronautics and Space Administration provides increased understanding of the fundamental physics of the Sun-Earth system through - space-based observations and modeling, develops new - space-based technologies and missions, and monitors - space weather for NASA's space missions. + basic research, space-based observations and modeling, + developing new space-based technologies and missions, + and monitoring of space weather for the National + Aeronautics and Space Administration's space missions. ``(D) The National Science Foundation provides increased understanding of the Sun-Earth system through ground-based measurements, technologies, and modeling. @@ -101,432 +114,519 @@ amended by adding after chapter 605 the following: magnetometer data in the United States and its territories, works with the international community to improve global geophysical monitoring, and develops - crustal conductivity models to assess and mitigate risk - from space weather induced electric ground currents. + crustal conductivity models to assess and mitigate + risks from space weather-induced electric ground + currents. ``(F) The Federal Aviation Administration provides operational requirements for space weather services in support of aviation and for coordination of these requirements with the International Civil Aviation - Organization, integrates space weather data and + Organization, and integrates space weather data and products into the Next Generation Air Transportation System. - ``(2) Office of science and technology policy.--The - Director of the Office of Science and Technology Policy shall-- - ``(A) coordinate the development and implementation - of Federal Government activities to improve the ability - of the United States to prepare, avoid, mitigate, - respond to, and recover from potentially devastating - impacts of space weather events; and - ``(B) coordinate the activities of the space - weather interagency working group established under - subsection (c). - ``(c) Space Weather Interagency Working Group.--The National + ``(b) Coordination by Office of Science and Technology Policy.--The +Director of the Office of Science and Technology Policy shall-- + ``(1) coordinate the development and implementation of + Federal Government activities conducted with respect to space + weather to improve the ability of the United States to prepare + for, avoid, mitigate, respond to, and recover from potentially + devastating impacts of space weather; and + ``(2) coordinate the activities of the interagency working + group on space weather established under subsection (c). + ``(c) Space Weather Interagency Working Group.--Not later than 90 +days after the date of enactment of the PROSWIFT Act, the National Science and Technology Council shall establish an interagency working -group on space weather (referred to in this section as the `interagency -working group') to continue coordination of executive branch efforts to -understand, prepare, coordinate, and plan for space weather. - ``(d) Membership.--In order to understand and respond to the -adverse effects of space weather, the interagency working group shall -leverage capabilities across participating Federal agencies, -including-- - ``(1) the National Oceanic and Atmospheric Administration; - ``(2) the National Aeronautics and Space Administration; - ``(3) the National Science Foundation; - ``(4) the Department of Defense; - ``(5) the Department of the Interior; - ``(6) the Department of Homeland Security; - ``(7) the Department of Energy; - ``(8) the Department of Transportation, including the - Federal Aviation Administration; and - ``(9) the Department of State. - ``(e) Interagency Agreements.-- - ``(1) Sense of congress.--It is the sense of Congress that - the interagency collaboration between the National Aeronautics - and Space Administration and the National Oceanic and - Atmospheric Administration on terrestrial weather observations - provides-- - ``(A) an effective mechanism for improving weather - and climate data collection while avoiding unnecessary - duplication of capabilities across Federal agencies; - and - ``(B) an agency collaboration model that could - benefit space weather observations. - ``(2) Interagency agreements.--The Administrator of the - National Aeronautics and Space Administration and the - Administrator of the National Oceanic and Atmospheric - Administration shall enter into one or more interagency - agreements providing for cooperation and collaboration in the - development of space weather spacecraft, instruments, and - technologies in accordance with this chapter. - ``(f) Space Weather Advisory Group.-- - ``(1) Establishment.--The interagency working group shall - establish a space weather advisory group (in this chapter - referred to as the `advisory group') to facilitate - communication and knowledge transfer among Federal Government - agencies, the academic community, the commercial sector, and - space weather end users. - ``(2) Composition.--The advisory group shall be composed of - not more than 15 members appointed by the interagency working - group, of whom-- - ``(A) 5 members shall be representatives of the - academic community; - ``(B) 5 members shall be representatives of the - commercial sector; and - ``(C) 5 members shall be nongovernmental - representatives of the space weather end user - community. - ``(3) Chair.--Not later than 30 days after the date on - which the last member of the advisory group is appointed under - paragraph (2), the interagency working group shall appoint 1 - member as the Chair of the advisory group. - ``(4) Terms.--The length of the term of each member of the - advisory group shall be 3 years beginning on the date on which - the member is appointed. - ``(5) Term limits.-- - ``(A) In general.--A member of the advisory group - may not serve on the advisory group for more than 2 - consecutive terms. - ``(B) Chair.--A member of the advisory group may - not serve as the Chair of the advisory group for more - than 2 terms, regardless of whether the terms are - consecutive. - ``(6) Duties.--The duties of the advisory group shall be as - follows: - ``(A) To facilitate advances in the space weather +group on space weather (in this chapter referred to as the `interagency +working group') to coordinate executive branch actions that improve the +understanding and prediction of and preparation for space weather +phenomena, and coordinate Federal space weather activities. + ``(1) Membership.--The following entities shall be members + of the interagency working group: + ``(A) The National Oceanic and Atmospheric + Administration. + ``(B) The National Aeronautics and Space + Administration. + ``(C) The National Science Foundation. + ``(D) The Department of Defense. + ``(E) The Department of the Interior. + ``(F) Such other Federal agencies as the Director + of the Office of Science and Technology Policy deems + appropriate. + ``(2) Interagency agreements.-- + ``(A) The members of the interagency working group + may enter into one or more interagency agreements + providing for cooperation and collaboration in the + development of space weather spacecraft, instruments, + technologies, and research to operations and operations + to research in accordance with this chapter. + ``(B) The Administrator of the National Aeronautics + and Space Administration and the Administrator of the + National Oceanic and Atmospheric Administration shall + enter into one or more interagency agreements providing + for cooperation and collaboration in the development of + space weather spacecraft, instruments, and technologies + in accordance with this chapter. + ``(3) International, academic community, and commercial + sector collaboration.--Each Federal agency participating in the + space weather interagency working group established under this + subsection shall, to the extent practicable, increase + engagement and cooperation with the international community, + academic community, and commercial space weather sector on the + observational infrastructure, data, and scientific research + necessary to advance the monitoring, forecasting, and + prediction of, preparation for, and protection from, space + weather phenomena. + ``(d) Space Weather Advisory Group.-- + ``(1) In general.-- + ``(A) Establishment.--Not later than 180 days after + the date of the enactment of the PROSWIFT Act, the + Administrator of the National Oceanic and Atmospheric + Administration, in consultation with other relevant + Federal agencies, shall establish a space weather + advisory group (in this chapter referred to as the + `advisory group') for the purposes of receiving advice + from the academic community, the commercial space + weather sector, and space weather end users that + informs the interests and work of the interagency + working group. + ``(B) Composition.--The advisory group shall be + composed of not more than 15 members appointed by the + interagency working group, of whom-- + ``(i) 5 members shall be representatives of + the academic community; + ``(ii) 5 members shall be representatives + of the commercial space weather sector; and + ``(iii) 5 members shall be nongovernmental + representatives of the space weather end user + community. + ``(C) Chair.--Not later than 30 days after the date + on which the last member of the advisory group is + appointed under subparagraph (B), the Administrator of + the National Oceanic and Atmospheric Administration + shall appoint 1 member as the Chair of the advisory + group. + ``(D) Terms.--The length of the term of each member + of the advisory group shall be 3 years beginning on the + date on which the member is appointed. + ``(E) Term limits.-- + ``(i) In general.--A member of the advisory + group may not serve on the advisory group for + more than 2 consecutive terms. + ``(ii) Chair.--A member of the advisory + group may not serve as the Chair of the + advisory group for more than 2 terms, + regardless of whether the terms are + consecutive. + ``(2) Duties.--The advisory group shall advise the + interagency working group on the following: + ``(A) Facilitating advances in the space weather enterprise of the United States. - ``(B) To improve the ability of the United States - to prepare for, avoid, mitigate, respond to, and - recover from space weather events. - ``(C) To enable the coordination of research to - operations and operations to research, as described in - section 60703(d). - ``(D) To advise the interagency working group with - respect to the development and implementation of the - integrated strategy developed under section 60702(b) - and subsequent updates and reevaluations. -``Sec. 60702. Observations and forecasting - ``(a) Policy.--It is the policy of the United States to establish -and sustain a baseline capability for space weather observations. - ``(b) Integrated Strategy.-- - ``(1) In general.--The Director of the Office of Science - and Technology Policy, in coordination with the Administrator - of the National Oceanic and Atmospheric Administration, the - Administrator of the National Aeronautics and Space - Administration, the Director of the National Science - Foundation, and the Secretary of Defense, and in consultation - with the academic community, the commercial sector, and the - advisory group shall develop an integrated strategy for solar, - solar wind, and geospace observations beyond the lifetime of - current assets that considers the provision of solar, solar - wind, and geospace measurements and other space weather - measurements-- - ``(A) essential to space weather forecasting; and - ``(B) important for scientific purposes. - ``(2) Considerations.--In developing the strategy under - paragraph (1), the Director of the Office of Science and - Technology Policy shall-- - ``(A) consider small satellite options, hosted - payloads, commercial options, international options, - and prize authority; and - ``(B) leverage and build on work conducted before - the date of the enactment of this chapter by the - National Science and Technology Council with respect to - space weather. - ``(c) Critical Observations.--In order to sustain current space- -based observational capabilities, the Administrator of the National -Aeronautics and Space Administration shall-- - ``(1) in cooperation with the European Space Agency and - other international and interagency partners, maintain - operations of the Solar and Heliospheric Observatory/Large - Angle and Spectrometric Coronagraph (referred to in this - section as `SOHO/LASCO') for as long as the satellite continues - to deliver quality observations; and - ``(2) prioritize the reception of LASCO data. - ``(d) Additional Capability for Solar Imaging.-- - ``(1) In general.--The Administrator of the National - Oceanic and Atmospheric Administration shall secure reliable - secondary capability for near real-time coronal mass ejection - imagery. - ``(2) Options.--The Administrator of the National Oceanic - and Atmospheric Administration, in coordination with the - Secretary of Defense and the Administrator of the National - Aeronautics and Space Administration, shall develop options to - build and deploy one or more instruments for near real-time - coronal mass ejection imagery. - ``(3) Considerations.--In developing options under - paragraph (2), the Administrator of the National Oceanic and - Atmospheric Administration shall consider commercial solutions, + ``(B) Improving the ability of the United States to + prepare for, mitigate, respond to, and recover from + space weather phenomena. + ``(C) Enabling the coordination and facilitation of + research to operations and operations to research, as + described in section 60604(d). + ``(D) Developing and implementing the integrated + strategy under section 60602 including subsequent + updates and reevaluations. + ``(3) User survey.-- + ``(A) In general.--Not later than 180 days after + the establishment of the advisory group, the advisory + group shall conduct a comprehensive survey of the needs + of users of space weather products to identify the + space weather research, observations, forecasting, + prediction, and modeling advances required to improve + space weather products. + ``(B) Survey considerations.--The survey conducted + under subparagraph (A) shall-- + ``(i) assess the adequacy of current + Federal Government goals for lead time, + accuracy, coverage, timeliness, data rate, and + data quality for space weather observations and + forecasting; + ``(ii) identify options and methods to, in + consultation with the academic community and + the commercial space weather sector, improve + upon the advancement of the goals described in + clause (i); + ``(iii) identify opportunities for + collection of new data to address the needs of + the space weather user community; + ``(iv) identify methods to increase + coordination of space weather research to + operations and operations to research; + ``(v) identify opportunities for new + technologies, research, and instrumentation to + aid in research, understanding, monitoring, + modeling, prediction, forecasting, and warning + of space weather; and + ``(vi) identify methods and technologies to + improve preparedness for potential space + weather phenomena. + ``(C) Coordination with agencies.--In carrying out + the requirements of this subsection, the advisory group + shall communicate and coordinate with the interagency + working group to ensure the needs of the governmental + space weather user community are adequately and + appropriately identified by the survey under + subparagraph (A). + ``(D) Briefing to congress.--Not later than 30 days + after the completion of the survey under subparagraph + (A), the advisory group shall provide to the Committee + on Science, Space, and Technology of the House of + Representatives and the Committee on Commerce, Science, + and Transportation of the Senate a briefing on the + results of the survey under subparagraph (A). + ``(E) Publication.--Within 30 days of the briefing + to Congress, the advisory group shall make the results + of the survey under subparagraph (A) publicly + available. + ``(F) Reevaluation.--The advisory group shall + review and assess the survey under subparagraph (A) not + less than every 3 years and update, resubmit, and + republish the survey in accordance with the + requirements of subparagraphs (D) and (E). + ``(4) Federal advisory committee act.--Section 14 of the + Federal Advisory Committee Act (5 U.S.C. App.) shall not apply + to the advisory group. +``Sec. 60602. Integrated strategy + ``(a) In General.--The Director of the Office of Science and +Technology Policy, in collaboration with the interagency working group +and upon the advice of the advisory group, shall develop a strategy for +coordinated observation of space weather among members of the +interagency working group (in this chapter, referred to as the +`integrated strategy'). The integrated strategy shall identify-- + ``(1) observations and measurements that must be sustained + beyond the lifetime of current ground-based and space-based + assets, as described under section 60603, that are essential + for space weather research, models, forecasting, and + prediction; + ``(2) new observations and measurements that may + significantly improve space weather forecasting and prediction; + and + ``(3) plans for follow-on space-based observations under + section 60603. + ``(b) Considerations.--In developing the integrated strategy in +subsection (a), the Director of the Office of Science and Technology +Policy shall consider, as appropriate, the following: + ``(1) Potential contributions of commercial solutions, prize authority, academic and international partnerships, - microsatellites, ground-based instruments, and opportunities to - deploy the instrument or instruments as a secondary payload on - an upcoming planned launch. - ``(4) Costs.--In implementing paragraph (1), the - Administrator of the National Oceanic and Atmospheric - Administration shall prioritize a cost-effective solution. - ``(5) Operational planning.--The Administrator of the - National Oceanic and Atmospheric Administration shall develop - an operational contingency plan to provide continuous space - weather forecasting in the event of a SOHO/LASCO failure. - ``(6) Briefing.--Not later than 120 days after the date of - enactment of the Space Weather Research and Forecasting Act, - the Administrator of the National Oceanic and Atmospheric - Administration shall provide a briefing to the Committee on - Commerce, Science, and Transportation of the Senate and the - Committee on Science, Space, and Technology of the House of - Representatives on the options for building and deploying the - instrument or instruments described in paragraph (2) and the - operational contingency plan developed under paragraph (5). - ``(e) Follow-On Space-Based Observations.--The Administrator of the -National Oceanic and Atmospheric Administration, in coordination with -the Secretary of Defense, shall develop requirements and a plan for -follow-on space-based observations for operational purposes, in -accordance with the integrated strategy developed under subsection (b). - ``(f) Report.--Not later than 180 days after the date of enactment -of the Space Weather Research and Forecasting 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 + microsatellites, small satellite options, ground-based + instruments, and hosted payloads for observations identified in + section 60602(a)(2). + ``(2) Work conducted before the date of enactment of the + PROSWIFT Act by the National Science and Technology Council + with respect to space weather. + ``(3) The survey under section 60601(d). + ``(4) Any relevant recommendations from the most recent + National Academies of Sciences, Engineering, and Medicine + Decadal Survey for Solar and Space Physics (Heliophysics). + ``(c) Review of Integrated Strategy.-- + ``(1) Review.--The Administrator of the National + Aeronautics and Space Administration and the Administrator of + the National Oceanic and Atmospheric Administration, in + consultation with Federal agencies participating in the + interagency working group, shall enter into an agreement with + the National Academies of Sciences, Engineering, and Medicine + to review the integrated strategy developed in this section. + ``(2) Considerations.--The review from paragraph (1) shall + also consider the current state, capability, and feasibility of + the commercial space weather sector to provide new and + supplemental observations and measurements that may + significantly improve space weather forecasting and prediction. + ``(3) Transmittal.--The Director of the Office of Science + and Technology Policy, the Administrator of the National + Aeronautics and Space Administration, and the Administrator of + the National Oceanic and Atmospheric Administration shall + transmit the integrated strategy and the results of the review + required under paragraph (1) to the Committee on Science, + Space, and Technology of the House of Representatives and the + Committee on Commerce, Science, and Transportation of the + Senate not later than 1 year after the date of the completion + of the survey under section 60601(d)(3). The integrated + strategy and its review shall be made publicly available within + 30 days of submittal to Congress. + ``(d) Implementation Plan.--Not later than 180 days after delivery +of the review of the integrated strategy in subsection (c)(3), the +interagency working group shall develop a plan to implement the +integrated strategy, including an estimate of the cost and schedule +required for implementation. Upon completion, the interagency working +group shall submit the implementation plan to the Committees on +Science, Space, and Technology and Armed Services of the House of +Representatives and the Committees on Commerce, Science, and +Transportation and Armed Services of the Senate. The implementation +plan shall be made publicly available within 30 days of submittal to +Congress. + ``(e) Reevaluation.--The Director, in collaboration with the +interagency working group, shall update the integrated strategy not +later than 1 year after the reevaluation of the user survey from +section 60601(d)(3)(F) in accordance with the requirements of +subsections (a) through (d). +``Sec. 60603. Sustaining and advancing critical space weather + observations + ``(a) Policy.--It is the policy of the United States to-- + ``(1) establish and sustain a baseline capability for space + weather observations and to make such observations and data + publicly available; and + ``(2) obtain enhanced space weather observations, as + practicable, to advance forecasting and prediction capability, + as informed by the integrated strategy in section 60602. + ``(b) Sustaining Baseline Space-based Observational Capabilities.-- + ``(1) The Administrator of the National Aeronautics and + Space Administration shall, in cooperation with the European + Space Agency and other international and interagency partners, + maintain operations of the Solar and Heliospheric Observatory/ + Large Angle and Spectrometric Coronagraph (referred to in this + section as `SOHO/LASCO') for as long as the satellite continues + to deliver quality observations. + ``(2) The Administrator of the National Aeronautics and + Space Administration shall prioritize the reception of SOHO/ + LASCO data. + ``(3) The Administrator of the National Oceanic and + Atmospheric Administration shall maintain, for as long as is + practicable, operations of current space-based observational + assets, including but not limited to the Geostationary + Operational Environmental Satellites system, and the Deep Space + Climate Observatory. + ``(c) Backup Space-based Observational Capability.--The +Administrator of the National Oceanic and Atmospheric Administration, +in coordination with the Secretary of Defense and the Administrator of +the National Aeronautics and Space Administration, shall work with +Federal and international partners in order to secure reliable backup +baseline capability for near real-time coronal mass ejection imagery, +solar wind, solar imaging, coronal imagery, and other relevant +observations required to provide space weather forecasts. + ``(d) SOHO/LASCO Operational Contingency Plan.--The Administrator +of the National Oceanic and Atmospheric Administration shall develop an +operational contingency plan to provide continuous space weather +forecasting in the event of an unexpected SOHO/LASCO failure, and prior +to the implementation of the backup space-based baseline observational +capability in section 60603(c). + ``(e) Briefing.--Not later than 120 days after the date of +enactment of the PROSWIFT Act, the Administrator of the National +Oceanic and Atmospheric Administration shall provide a briefing to the Committee on Science, Space, and Technology of the House of -Representatives a report on the integrated strategy under subsection -(b), including the plans for follow-on space-based observations under -subsection (e). - ``(g) Ground-Based Observations.--The National Science Foundation, -the United States Geological Survey, the Air Force, and where -practicable in support of the Air Force, the Navy shall each-- - ``(1) maintain and improve, as necessary and advisable, - ground-based observations of the Sun to help meet the - priorities identified in section 60703(a); and - ``(2) provide space weather data by means of its set of +Representatives and the Committee on Commerce, Science, and +Transportation of the Senate on the plan to secure reliable backup +baseline capability described in subsection (c) and the SOHO/LASCO +operational contingency plan developed under subsection (d). + ``(f) Sustaining Ground-based Observational Capability.--The +Director of the National Science Foundation, the Director of the United +States Geological Survey, the Secretary of the Air Force, and, as +practicable in support of the Air Force, the Secretary of the Navy, +shall each-- + ``(1) maintain and improve ground-based observations of the + Sun, as necessary and advisable, to help meet the needs + identified in the survey under section 60601(d)(3); and + ``(2) continue to provide space weather data through ground-based facilities, including radars, lidars, - magnetometers, radio receivers, aurora and airglow imagers, - spectrometers, interferometers, and solar observatories. - ``(h) Ground-Based Observations Data.--The National Science -Foundation shall-- + magnetometers, neutron monitors, radio receivers, aurora and + airglow imagers, spectrometers, interferometers, and solar + observatories. + ``(g) Considerations.--In implementing subsections (b), (c), and +(d), the Administrators of the National Aeronautics and Space +Administration and the National Oceanic and Atmospheric Administration, +the Directors of the National Science Foundation and United States +Geological Survey, and the Secretaries of the Air Force and the Navy +shall prioritize cost-effective and reliable solutions. + ``(h) Ground-based Observational Data.--The Director of the +National Science Foundation shall-- ``(1) make available to the public key data streams from - the platforms described in subsection (g) for research and to - support space weather model development; + the platforms and facilities described in subsection (d) for + research and to support space weather model development; ``(2) develop experimental models for scientific purposes; and ``(3) support the transition of the experimental models to operations where appropriate. -``Sec. 60703. Research and technology - ``(a) User Needs.-- - ``(1) In general.--The Administrator of the National - Oceanic and Atmospheric Administration, the Secretary of the - Air Force, and where practicable in support of the Air Force, - the Secretary of the Navy, in conjunction with the heads of - other relevant Federal agencies, shall conduct a comprehensive - survey to identify and prioritize the needs of space weather - forecast users, including space weather data and space weather - forecast data needed to improve services and inform research - priorities and technology needs. - ``(2) Contents.--In conducting the comprehensive survey - under paragraph (1), the Administrator of the National Oceanic - and Atmospheric Administration, the Secretary of the Air Force, - and where practicable in support of the Air Force, the - Secretary of the Navy, at a minimum, shall-- - ``(A) consider the goals for forecast lead time, - accuracy, coverage, timeliness, data rate, and data - quality for space weather observations; - ``(B) identify opportunities to address the needs - identified under paragraph (1) through collaborations - with academia, the private sector, and the - international community; - ``(C) identify opportunities for new technologies - and instrumentation to address the needs identified - under paragraph (1); and - ``(D) publish a report on the findings under - subparagraphs (A) through (C). - ``(3) Publication.--Not later than 1 year after the date of - the enactment of the Space Weather Research and Forecasting - Act, and every 3 years thereafter, the Administrator of the - National Oceanic and Atmospheric Administration, the Secretary - of the Air Force, and where practicable in support of the Air - Force, the Secretary of the Navy, shall-- - ``(A) make the results of the comprehensive survey - publicly available; and - ``(B) notify the Committee on Commerce, Science, - and Transportation of the Senate and the Committee on - Science, Space, and Technology of the House of - Representatives of the publication under subparagraph - (A). - ``(b) Research Activities.-- - ``(1) Basic research.--The Director of the National Science - Foundation, the Administrator of the National Aeronautics and - Space Administration, and the Secretary of Defense shall - continue to carry out basic research activities on - heliophysics, geospace science, and space weather and support - competitive, merit-based, peer-reviewed proposals for research, - modeling, and monitoring of space weather and its impacts, - including science goals outlined in Solar and Space Physics - Decadal surveys conducted by the National Academy of Sciences. - ``(2) Multidisciplinary research.-- - ``(A) Findings.--Congress finds that the - multidisciplinary nature of solar and space physics - creates funding challenges that require coordination - across scientific disciplines and Federal agencies. - ``(B) Multidisciplinary research.--The Director of - the National Science Foundation, the Administrator of - the National Oceanic and Atmospheric Administration, - and the Administrator of the National Aeronautics and - Space Administration shall pursue multidisciplinary - research in subjects that further our understanding of - solar physics, space physics, and space weather. - ``(C) Sense of congress.--It is the sense of - Congress that the Administrator of the National - Aeronautics and Space Administration and the Director - of the National Science Foundation should support - competitively awarded Heliophysics Science Centers. - ``(c) Science Missions.--The Administrator of the National -Aeronautics and Space Administration shall seek to implement missions -that meet the science objectives identified in Solar and Space Physics -Decadal surveys conducted by the National Academy of Sciences. - ``(d) Research to Operations; Operations to Research.-- - ``(1) In general.--The Administrator of the National - Aeronautics and Space Administration, the Director of the + ``(i) Enhanced Space-based Observations.--The Administrator of the +National Oceanic and Atmospheric Administration, in coordination with +the Secretary of Defense, should develop options to build and deploy +space-based observational capabilities, beyond the baseline +capabilities referenced in subsection (b), that may improve space +weather measurements and observations. These supplemental observational +capabilities could include commercial solutions, prize authority, +academic partnerships, microsatellites, ground-based instruments, and +opportunities to deploy the instrument or instruments as a secondary +payload on an upcoming planned launch. +``Sec. 60604. Research activities + ``(a) Basic Research.--The Director of the National Science +Foundation, the Administrator of the National Aeronautics and Space +Administration, and the Secretary of Defense, shall-- + ``(1) continue to carry out basic research on heliophysics, + geospace science, and space weather; and + ``(2) support competitive, peer-reviewed proposals for + conducting research, advancing modeling, and monitoring of + space weather and its impacts, including the science goals + outlined in decadal surveys in solar and space physics + conducted by the National Academies of Sciences, Engineering, + and Medicine. + ``(b) Multidisciplinary Research.-- + ``(1) Findings.--Congress finds that the multidisciplinary + nature of solar and space physics creates funding challenges + that require coordination across scientific disciplines and + Federal agencies. + ``(2) Sense of congress.--It is the sense of Congress that + science centers could coordinate multidisciplinary solar and + space physics research. The Administrator of the National + Aeronautics and Space Administration and Director of the + National Science Foundation should support competitively + awarded grants for multidisciplinary science centers that + advance solar and space physics research, including research- + to-operations and operations-to-research processes. + ``(3) Multidisciplinary research.--The Director of the National Science Foundation, the Administrator of the National - Oceanic and Atmospheric Administration, the Secretary of the - Air Force, and where practicable in support of the Air Force, - the Secretary of the Navy, shall-- - ``(A) develop a formal mechanism to transition - National Aeronautics and Space Administration, National - Science Foundation, United States Geological Survey, - Air Force, and Navy research findings, models, and - capabilities, as appropriate, to National Oceanic and - Atmospheric Administration and Department of Defense - space weather operational forecasting centers; and - ``(B) enhance coordination between research - modeling centers and forecasting centers. - ``(2) Operational needs.--The Administrator of the National - Oceanic and Atmospheric Administration and the Secretary of - Defense, in coordination with the Administrator of the National - Aeronautics and Space Administration and the Director of the - National Science Foundation, shall develop a formal mechanism - to communicate the operational needs of space weather - forecasters to the research community. - ``(e) Technology Development.-- - ``(1) Findings.--Congress finds that observations and - measurements closer to the Sun or at the Sun-Earth Lagrangian - L5 point with advanced instrumentation would provide for more - advanced warning of space weather disturbances (as defined in - section 3(a) of the Space Weather Research and Forecasting - Act). - ``(2) Technology and instrumentation development.--The - Administrator of the National Aeronautics and Space - Administration and the Director of the National Science - Foundation shall support the development of technologies and - instrumentation to improve space weather forecasting lead-time - and accuracy to meet the needs identified by the Administrator - of the National Oceanic and Atmospheric Administration. -``Sec. 60704. Space weather data + Oceanic and Atmospheric Administration, and the Administrator + of the National Aeronautics and Space Administration, shall + each pursue multidisciplinary research in subjects that further + the understanding of solar physics, space physics, and space + weather. + ``(c) Science Missions.--The Administrator of the National +Aeronautics and Space Administration should implement missions that +meet the science objectives identified in solar and space physics +decadal surveys conducted by the National Academies of Sciences, +Engineering, and Medicine. + ``(d) Research to Operations; Operations to Research.--The +interagency working group shall, upon consideration of the advice of +the advisory group, develop formal mechanisms to-- + ``(1) transition the space weather research findings, + models, and capabilities of the National Aeronautics and Space + Administration, the National Science Foundation, the United + States Geological Survey, and other relevant Federal agencies, + as appropriate, to the National Oceanic and Atmospheric + Administration and the Department of Defense; + ``(2) enhance coordination between research modeling + centers and forecasting centers; and + ``(3) communicate the operational needs of space weather + forecasters of the National Oceanic and Atmospheric + Administration and Department of Defense, as appropriate, to + the National Aeronautics and Space Administration, the National + Science Foundation, and the United States Geological Survey. +``Sec. 60605. Space weather data ``(a) In General.--The Administrator of the National Aeronautics and Space Administration and the Director of the National Science -Foundation shall-- - ``(1) make space weather related data obtained for +Foundation shall continue to-- + ``(1) make space weather-related data obtained for scientific research purposes available to space weather forecasters and operations centers; and ``(2) support model development and model applications to space weather forecasting. ``(b) Research.--The Administrator of the National Oceanic and -Atmospheric Administration shall make space weather related data -obtained from operational forecasting available for scientific -research.''. - (b) Technical and Conforming Amendments.-- - (1) Repeal of section 809.--Section 809 of the National - Aeronautics and Space Administration Authorization Act of 2010 - (42 U.S.C. 18388) and the item relating to that section in the - table of contents under section 1(b) of that Act (124 Stat. - 2806) are repealed. - (2) Table of chapters.--The table of chapters of title 51, - United States Code, is amended by adding after the item - relating to chapter 605 the following: +Atmospheric Administration shall make space weather-related data +obtained from operational forecasting available for research. +``Sec. 60606. Space weather knowledge transfer and information exchange + ``Not later than 180 days after the date of enactment of the +PROSWIFT Act, the Administrator of the National Oceanic and Atmospheric +Administration, in collaboration with the Administrator of the National +Aeronautics and Space Administration and the Director of the National +Science Foundation, shall enter into an arrangement with the National +Academies of Sciences, Engineering, and Medicine to establish a Space +Weather Government-Academic-Commercial Roundtable to facilitate +communication and knowledge transfer among Government participants in +the space weather interagency working group established under section +60601(c), the academic community, and the commercial space weather +sector to-- + ``(1) facilitate advances in space weather prediction and + forecasting; + ``(2) increase coordination of space weather research to + operations and operations to research; and + ``(3) improve preparedness for potential space weather + phenomena. +``Sec. 60607. Pilot program for obtaining commercial sector space + weather data + ``(a) Establishment.--Not later than 12 months after the date of +enactment of the PROSWIFT Act, the Administrator of the National +Oceanic and Atmospheric Administration may establish a pilot program +under which the Administrator will offer to enter into contracts with +one or more entities in the commercial space weather sector for the +provision to the Administrator of space weather data generated by such +an entity that meets the standards and specifications published under +subsection (b). + ``(b) Data Standard and Specifications.--Not later than 18 months +after the date of enactment of the PROSWIFT Act, the Administrator of +the National Oceanic and Atmospheric Administration, in consultation +with the Secretary of Defense, may publish standards and specifications +for ground-based, ocean-based, air-based, and space-based commercial +space weather data and metadata. + ``(c) Contracts.-- + ``(1) In general.--Within 12 months after the date of + transmission of the review of the integrated strategy to + Congress under section 60602(c)(3) and taking into account the + results of the review, the Administrator of the National + Oceanic and Atmospheric Administration may offer to enter, + through an open competition, into at least one contract with + one or more commercial space weather sector entities capable of + providing space weather data that-- + ``(A) meets the standards and specifications + established for providing such data under subsection + (b); and + ``(B) is provided in a manner that allows the + Administrator of the National Oceanic and Atmospheric + Administration to calibrate and evaluate the data for + use in space weather research and forecasting models of + the National Oceanic and Atmospheric Administration, + the Department of Defense, or both. + ``(2) Assessment.--If one or more contract is entered into + under paragraph (1), not later than 4 years after the date of + enactment of the PROSWIFT Act, the Administrator of the + National Oceanic and Atmospheric Administration shall assess, + and submit to the Committees on Science, Space, and Technology + and Armed Services of the House of Representatives and the + Committees on Commerce, Science, and Transportation and Armed + Services of the Senate, a report on the extent to which the + pilot program has demonstrated data provided under contracts + described in paragraph (1) meet the standards and + specifications established under subsection (b) and the extent + to which the pilot program has demonstrated-- + ``(A) the viability of assimilating the + commercially provided data into National Oceanic and + Atmospheric Administration space weather research and + forecasting models; + ``(B) whether, and by how much, the data so + provided add value to space weather forecasts of the + National Oceanic and Atmospheric Administration and the + Department of Defense; and + ``(C) the accuracy, quality, timeliness, validity, + reliability, usability, information technology + security, and cost-effectiveness of obtaining + commercial space weather data from commercial sector + providers. +``Sec. 60608. Space weather benchmarks + ``The interagency working group established under section 60601(c) +shall periodically review and update the benchmarks described in the +report of the National Science and Technology Council entitled `Space +Weather Phase 1 Benchmarks' and dated June 2018, as necessary, based +on-- + ``(1) any significant new data or advances in scientific + understanding that become available; or + ``(2) the evolving needs of entities impacted by space + weather phenomena.''. + (c) Technical and Conforming Amendments.-- + (1) The table of chapters of title 51, United States Code, + is amended by adding after the item relating to chapter 605 the + following: -``607. Space weather....................................... 60701''. +``606. Space Weather........................................ 60601''. + (2) Section 809 of the National Aeronautics and Space + Administration Authorization Act of 2010 (42 U.S.C. 18388) and + the item relating to that section in the table of contents + under section 1(b) of that Act (Public Law 111-267; 124 Stat. + 2806) are repealed. -SEC. 3. SPACE WEATHER BENCHMARKS. + Passed the Senate July 27, 2020. - (a) Definition of Space Weather Disturbance.--In this section, the -term ``space weather disturbance'' includes geo-electric fields, -ionizing radiation, ionospheric disturbances, solar radio bursts, and -upper atmosphere expansion. - (b) Benchmarks.-- - (1) Review.--The Administrator of the National Aeronautics - and Space Administration shall offer to enter into a contract - with the National Academy of Sciences to review the report of - the National Science and Technology Council entitled ``Space - Weather Phase 1 Benchmarks'' and dated June 2018. - (2) Updates.--The space weather interagency working group - established under section 60701(c) of title 51, United States - Code, shall periodically review and update the benchmarks - described in the report referred to in paragraph (1), as - necessary, based on-- - (A) the results of the review that paragraph; - (B) any significant new data or advances in - scientific understanding that become available; or - (C) the evolving needs of entities impacted by - space weather disturbances. + Attest: -SEC. 4. PROTECTION OF CRITICAL INFRASTRUCTURE. + Secretary. +116th CONGRESS - (a) Definition of Sector-Specific Agency.--In this section, the -term ``sector-specific agency'' has the meaning given the term in -Presidential Policy Directive-21 of February 12, 2013 (Critical -Infrastructure Security and Resilience), or any successor. - (b) Space Weather Hazards.--For purposes of this section, the -Administrator of the National Oceanic and Atmospheric Administration, -in consultation with the heads of other relevant Federal agencies, -shall provide information about space weather hazards to the Secretary -of Homeland Security. - (c) Critical Infrastructure.--The Secretary of Homeland Security, -in consultation with sector-specific agencies, the Administrator of the -National Oceanic and Atmospheric Administration, and the heads of other -relevant agencies, shall-- - (1) include, in meeting national critical infrastructure - reporting requirements, an assessment of the vulnerability of - critical infrastructure to space weather events, as described - by the space weather benchmarks referred to in section 3(b); - and - (2) support critical infrastructure providers in managing - the risks and impacts associated with space weather. - (d) Prohibition on New Regulatory Authority.--Nothing in subsection -(c) may be construed to grant the Secretary of Homeland Security any -authority to promulgate regulations that was not in effect on the day -before the date of enactment of this Act. + 2d Session -SEC. 5. PROTECTION OF NATIONAL SECURITY ASSETS. + S. 881 - (a) In General.--The National Security Council, in consultation -with the Office of the Director of National Intelligence, the Secretary -of Defense, and the heads of other relevant Federal agencies, shall-- - (1) assess the vulnerability of the national security - community to space weather events, as described by the space - weather benchmarks referred to in section 3(b); and - (2) develop national security mechanisms to protect - national security assets from space weather threats. - (b) Cooperation.--The Secretary of Defense, in consultation with -the heads of other relevant Federal agencies, shall provide information -about space weather hazards to the National Security Council, Director -of National Intelligence, and heads of Defense Agencies for purposes of -this section. +_______________________________________________________________________ -SEC. 6. ENSURING THE SAFETY OF CIVIL AVIATION. + AN ACT - (a) In General.--The Administrator of the Federal Aviation -Administration, in consultation with the heads of other relevant -Federal agencies, shall-- - (1) assess the safety implications and vulnerability of the - national airspace system by space weather events, as described - by the space weather benchmarks referred to in section 3(b); - (2) assess methods to mitigate the safety implications and - effects of space weather on aviation communication and - navigation systems, satellite and ground-based navigation - systems, and potential health effects of radiation exposure; - and - (3) assess options for incorporating space weather into - operational training for pilots, cabin crew, dispatchers, air - traffic controllers, meteorologists, and engineers. - (b) Space Weather Communication.--The Administrator of the Federal -Aviation Administration, in consultation with the heads of other -relevant Federal agencies, shall develop methods to increase the -interaction between the aviation community and the space weather -research and service provider community. - \ No newline at end of file + To improve understanding and forecasting of space weather events, and + for other purposes. From 10db8fdf3c25e7bead07884141bb8d7612286c26 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 767/984] Senate-881: Enrolled --- bills_text/Senate-881.txt | 845 ++++++++++++++++++-------------------- 1 file changed, 398 insertions(+), 447 deletions(-) diff --git a/bills_text/Senate-881.txt b/bills_text/Senate-881.txt index b5be7f5..2028f65 100644 --- a/bills_text/Senate-881.txt +++ b/bills_text/Senate-881.txt @@ -1,27 +1,32 @@ -116th CONGRESS - 2d Session - S. 881 + S.881 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To improve understanding and forecasting of space weather events, and - for other purposes. + for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Promoting Research and Observations of Space Weather to Improve the Forecasting of Tomorrow Act'' or the ``PROSWIFT Act''. - SEC. 2. SPACE WEATHER. - (a) Policy.--It shall be the policy of the United States to prepare and protect against the social and economic impacts of space weather phenomena by supporting actions to improve space weather forecasts and @@ -46,93 +51,85 @@ the following: ``60605. Space weather data. ``60606. Space weather knowledge transfer and information exchange. ``60607. Pilot program for obtaining commercial sector space weather - data. + data. ``60608. Space weather benchmarks. + ``Sec. 60601. Space weather ``(a) Findings.-- - ``(1) Space weather.--Congress makes the following findings - with respect to space weather: - ``(A) Space weather phenomena pose a significant - threat to ground-based and space-based critical - infrastructure, modern technological systems, and - humans working in space. - ``(B) The effects of severe space weather on the - electric power grid, satellites and satellite - communications and information, aviation operations, - astronauts living and working in space, and space-based - position, navigation, and timing systems could have - significant societal, economic, national security, and - health impacts. - ``(C) Space-based and ground-based observations - provide crucial data necessary to understand, forecast, - and prepare for space weather phenomena. - ``(D) Clear roles and accountability of Federal - departments and agencies are critical for efficient and - effective response to threats posed by space weather. - ``(E) Space weather observation and forecasting are - essential for the success of human and robotic space - exploration. - ``(F) In October 2015, the National Science and - Technology Council published a National Space Weather - Strategy and a National Space Weather Action Plan - seeking to integrate national space weather efforts and - add new capabilities to meet increasing demand for - space weather information. - ``(G) In March 2019, the National Science and - Technology Council published an updated National Space - Weather Strategy and Action Plan to enhance the - preparedness and resilience of the United States to - space weather. - ``(2) Role of federal agencies.--Congress makes the - following findings with respect to the role of Federal agencies - on space weather: - ``(A) The National Oceanic and Atmospheric - Administration provides operational space weather - monitoring, forecasting, and long-term data archiving - and access for civil applications, maintains ground- - based and space-based assets to provide observations - needed for space weather forecasting, prediction, and - warnings, provides research to support operational - responsibilities, and develops requirements for space - weather forecasting technologies and science. - ``(B) The Department of Defense provides - operational space weather research, monitoring, and - forecasting for the Department's unique missions and - applications. - ``(C) The National Aeronautics and Space - Administration provides increased understanding of the - fundamental physics of the Sun-Earth system through - basic research, space-based observations and modeling, - developing new space-based technologies and missions, - and monitoring of space weather for the National - Aeronautics and Space Administration's space missions. - ``(D) The National Science Foundation provides - increased understanding of the Sun-Earth system through - ground-based measurements, technologies, and modeling. - ``(E) The Department of the Interior collects, - distributes, and archives operational ground-based - magnetometer data in the United States and its - territories, works with the international community to - improve global geophysical monitoring, and develops - crustal conductivity models to assess and mitigate - risks from space weather-induced electric ground - currents. - ``(F) The Federal Aviation Administration provides - operational requirements for space weather services in - support of aviation and for coordination of these - requirements with the International Civil Aviation - Organization, and integrates space weather data and - products into the Next Generation Air Transportation - System. + ``(1) Space weather.--Congress makes the following findings + with respect to space weather: + ``(A) Space weather phenomena pose a significant threat to + ground-based and space-based critical infrastructure, modern + technological systems, and humans working in space. + ``(B) The effects of severe space weather on the electric + power grid, satellites and satellite communications and + information, aviation operations, astronauts living and working + in space, and space-based position, navigation, and timing + systems could have significant societal, economic, national + security, and health impacts. + ``(C) Space-based and ground-based observations provide + crucial data necessary to understand, forecast, and prepare for + space weather phenomena. + ``(D) Clear roles and accountability of Federal departments + and agencies are critical for efficient and effective response + to threats posed by space weather. + ``(E) Space weather observation and forecasting are + essential for the success of human and robotic space + exploration. + ``(F) In October 2015, the National Science and Technology + Council published a National Space Weather Strategy and a + National Space Weather Action Plan seeking to integrate + national space weather efforts and add new capabilities to meet + increasing demand for space weather information. + ``(G) In March 2019, the National Science and Technology + Council published an updated National Space Weather Strategy + and Action Plan to enhance the preparedness and resilience of + the United States to space weather. + ``(2) Role of federal agencies.--Congress makes the following + findings with respect to the role of Federal agencies on space + weather: + ``(A) The National Oceanic and Atmospheric Administration + provides operational space weather monitoring, forecasting, and + long-term data archiving and access for civil applications, + maintains ground-based and space-based assets to provide + observations needed for space weather forecasting, prediction, + and warnings, provides research to support operational + responsibilities, and develops requirements for space weather + forecasting technologies and science. + ``(B) The Department of Defense provides operational space + weather research, monitoring, and forecasting for the + Department's unique missions and applications. + ``(C) The National Aeronautics and Space Administration + provides increased understanding of the fundamental physics of + the Sun-Earth system through basic research, space-based + observations and modeling, developing new space-based + technologies and missions, and monitoring of space weather for + the National Aeronautics and Space Administration's space + missions. + ``(D) The National Science Foundation provides increased + understanding of the Sun-Earth system through ground-based + measurements, technologies, and modeling. + ``(E) The Department of the Interior collects, distributes, + and archives operational ground-based magnetometer data in the + United States and its territories, works with the international + community to improve global geophysical monitoring, and + develops crustal conductivity models to assess and mitigate + risks from space weather-induced electric ground currents. + ``(F) The Federal Aviation Administration provides + operational requirements for space weather services in support + of aviation and for coordination of these requirements with the + International Civil Aviation Organization, and integrates space + weather data and products into the Next Generation Air + Transportation System. ``(b) Coordination by Office of Science and Technology Policy.--The Director of the Office of Science and Technology Policy shall-- - ``(1) coordinate the development and implementation of - Federal Government activities conducted with respect to space - weather to improve the ability of the United States to prepare - for, avoid, mitigate, respond to, and recover from potentially - devastating impacts of space weather; and - ``(2) coordinate the activities of the interagency working - group on space weather established under subsection (c). + ``(1) coordinate the development and implementation of Federal + Government activities conducted with respect to space weather to + improve the ability of the United States to prepare for, avoid, + mitigate, respond to, and recover from potentially devastating + impacts of space weather; and + ``(2) coordinate the activities of the interagency working + group on space weather established under subsection (c). ``(c) Space Weather Interagency Working Group.--Not later than 90 days after the date of enactment of the PROSWIFT Act, the National Science and Technology Council shall establish an interagency working @@ -140,156 +137,137 @@ group on space weather (in this chapter referred to as the `interagency working group') to coordinate executive branch actions that improve the understanding and prediction of and preparation for space weather phenomena, and coordinate Federal space weather activities. - ``(1) Membership.--The following entities shall be members - of the interagency working group: - ``(A) The National Oceanic and Atmospheric - Administration. - ``(B) The National Aeronautics and Space - Administration. - ``(C) The National Science Foundation. - ``(D) The Department of Defense. - ``(E) The Department of the Interior. - ``(F) Such other Federal agencies as the Director - of the Office of Science and Technology Policy deems - appropriate. - ``(2) Interagency agreements.-- - ``(A) The members of the interagency working group - may enter into one or more interagency agreements - providing for cooperation and collaboration in the - development of space weather spacecraft, instruments, - technologies, and research to operations and operations - to research in accordance with this chapter. - ``(B) The Administrator of the National Aeronautics - and Space Administration and the Administrator of the - National Oceanic and Atmospheric Administration shall - enter into one or more interagency agreements providing - for cooperation and collaboration in the development of - space weather spacecraft, instruments, and technologies - in accordance with this chapter. - ``(3) International, academic community, and commercial - sector collaboration.--Each Federal agency participating in the - space weather interagency working group established under this - subsection shall, to the extent practicable, increase - engagement and cooperation with the international community, - academic community, and commercial space weather sector on the - observational infrastructure, data, and scientific research - necessary to advance the monitoring, forecasting, and - prediction of, preparation for, and protection from, space - weather phenomena. + ``(1) Membership.--The following entities shall be members of + the interagency working group: + ``(A) The National Oceanic and Atmospheric Administration. + ``(B) The National Aeronautics and Space Administration. + ``(C) The National Science Foundation. + ``(D) The Department of Defense. + ``(E) The Department of the Interior. + ``(F) Such other Federal agencies as the Director of the + Office of Science and Technology Policy deems appropriate. + ``(2) Interagency agreements.-- + ``(A) The members of the interagency working group may + enter into one or more interagency agreements providing for + cooperation and collaboration in the development of space + weather spacecraft, instruments, technologies, and research to + operations and operations to research in accordance with this + chapter. + ``(B) The Administrator of the National Aeronautics and + Space Administration and the Administrator of the National + Oceanic and Atmospheric Administration shall enter into one or + more interagency agreements providing for cooperation and + collaboration in the development of space weather spacecraft, + instruments, and technologies in accordance with this chapter. + ``(3) International, academic community, and commercial sector + collaboration.--Each Federal agency participating in the space + weather interagency working group established under this subsection + shall, to the extent practicable, increase engagement and + cooperation with the international community, academic community, + and commercial space weather sector on the observational + infrastructure, data, and scientific research necessary to advance + the monitoring, forecasting, and prediction of, preparation for, + and protection from, space weather phenomena. ``(d) Space Weather Advisory Group.-- - ``(1) In general.-- - ``(A) Establishment.--Not later than 180 days after - the date of the enactment of the PROSWIFT Act, the - Administrator of the National Oceanic and Atmospheric - Administration, in consultation with other relevant - Federal agencies, shall establish a space weather - advisory group (in this chapter referred to as the - `advisory group') for the purposes of receiving advice - from the academic community, the commercial space - weather sector, and space weather end users that - informs the interests and work of the interagency - working group. - ``(B) Composition.--The advisory group shall be - composed of not more than 15 members appointed by the - interagency working group, of whom-- - ``(i) 5 members shall be representatives of - the academic community; - ``(ii) 5 members shall be representatives - of the commercial space weather sector; and - ``(iii) 5 members shall be nongovernmental - representatives of the space weather end user - community. - ``(C) Chair.--Not later than 30 days after the date - on which the last member of the advisory group is - appointed under subparagraph (B), the Administrator of - the National Oceanic and Atmospheric Administration - shall appoint 1 member as the Chair of the advisory - group. - ``(D) Terms.--The length of the term of each member - of the advisory group shall be 3 years beginning on the - date on which the member is appointed. - ``(E) Term limits.-- - ``(i) In general.--A member of the advisory - group may not serve on the advisory group for - more than 2 consecutive terms. - ``(ii) Chair.--A member of the advisory - group may not serve as the Chair of the - advisory group for more than 2 terms, - regardless of whether the terms are - consecutive. - ``(2) Duties.--The advisory group shall advise the - interagency working group on the following: - ``(A) Facilitating advances in the space weather - enterprise of the United States. - ``(B) Improving the ability of the United States to - prepare for, mitigate, respond to, and recover from - space weather phenomena. - ``(C) Enabling the coordination and facilitation of - research to operations and operations to research, as - described in section 60604(d). - ``(D) Developing and implementing the integrated - strategy under section 60602 including subsequent - updates and reevaluations. - ``(3) User survey.-- - ``(A) In general.--Not later than 180 days after - the establishment of the advisory group, the advisory - group shall conduct a comprehensive survey of the needs - of users of space weather products to identify the - space weather research, observations, forecasting, - prediction, and modeling advances required to improve - space weather products. - ``(B) Survey considerations.--The survey conducted - under subparagraph (A) shall-- - ``(i) assess the adequacy of current - Federal Government goals for lead time, - accuracy, coverage, timeliness, data rate, and - data quality for space weather observations and - forecasting; - ``(ii) identify options and methods to, in - consultation with the academic community and - the commercial space weather sector, improve - upon the advancement of the goals described in - clause (i); - ``(iii) identify opportunities for - collection of new data to address the needs of - the space weather user community; - ``(iv) identify methods to increase - coordination of space weather research to - operations and operations to research; - ``(v) identify opportunities for new - technologies, research, and instrumentation to - aid in research, understanding, monitoring, - modeling, prediction, forecasting, and warning - of space weather; and - ``(vi) identify methods and technologies to - improve preparedness for potential space - weather phenomena. - ``(C) Coordination with agencies.--In carrying out - the requirements of this subsection, the advisory group - shall communicate and coordinate with the interagency - working group to ensure the needs of the governmental - space weather user community are adequately and - appropriately identified by the survey under - subparagraph (A). - ``(D) Briefing to congress.--Not later than 30 days - after the completion of the survey under subparagraph - (A), the advisory group shall provide to the Committee - on Science, Space, and Technology of the House of - Representatives and the Committee on Commerce, Science, - and Transportation of the Senate a briefing on the - results of the survey under subparagraph (A). - ``(E) Publication.--Within 30 days of the briefing - to Congress, the advisory group shall make the results - of the survey under subparagraph (A) publicly - available. - ``(F) Reevaluation.--The advisory group shall - review and assess the survey under subparagraph (A) not - less than every 3 years and update, resubmit, and - republish the survey in accordance with the - requirements of subparagraphs (D) and (E). - ``(4) Federal advisory committee act.--Section 14 of the - Federal Advisory Committee Act (5 U.S.C. App.) shall not apply - to the advisory group. + ``(1) In general.-- + ``(A) Establishment.--Not later than 180 days after the + date of the enactment of the PROSWIFT Act, the Administrator of + the National Oceanic and Atmospheric Administration, in + consultation with other relevant Federal agencies, shall + establish a space weather advisory group (in this chapter + referred to as the `advisory group') for the purposes of + receiving advice from the academic community, the commercial + space weather sector, and space weather end users that informs + the interests and work of the interagency working group. + ``(B) Composition.--The advisory group shall be composed of + not more than 15 members appointed by the interagency working + group, of whom-- + ``(i) 5 members shall be representatives of the + academic community; + ``(ii) 5 members shall be representatives of the + commercial space weather sector; and + ``(iii) 5 members shall be nongovernmental + representatives of the space weather end user community. + ``(C) Chair.--Not later than 30 days after the date on + which the last member of the advisory group is appointed under + subparagraph (B), the Administrator of the National Oceanic and + Atmospheric Administration shall appoint 1 member as the Chair + of the advisory group. + ``(D) Terms.--The length of the term of each member of the + advisory group shall be 3 years beginning on the date on which + the member is appointed. + ``(E) Term limits.-- + ``(i) In general.--A member of the advisory group may + not serve on the advisory group for more than 2 consecutive + terms. + ``(ii) Chair.--A member of the advisory group may not + serve as the Chair of the advisory group for more than 2 + terms, regardless of whether the terms are consecutive. + ``(2) Duties.--The advisory group shall advise the interagency + working group on the following: + ``(A) Facilitating advances in the space weather enterprise + of the United States. + ``(B) Improving the ability of the United States to prepare + for, mitigate, respond to, and recover from space weather + phenomena. + ``(C) Enabling the coordination and facilitation of + research to operations and operations to research, as described + in section 60604(d). + ``(D) Developing and implementing the integrated strategy + under section 60602 including subsequent updates and + reevaluations. + ``(3) User survey.-- + ``(A) In general.--Not later than 180 days after the + establishment of the advisory group, the advisory group shall + conduct a comprehensive survey of the needs of users of space + weather products to identify the space weather research, + observations, forecasting, prediction, and modeling advances + required to improve space weather products. + ``(B) Survey considerations.--The survey conducted under + subparagraph (A) shall-- + ``(i) assess the adequacy of current Federal Government + goals for lead time, accuracy, coverage, timeliness, data + rate, and data quality for space weather observations and + forecasting; + ``(ii) identify options and methods to, in consultation + with the academic community and the commercial space + weather sector, improve upon the advancement of the goals + described in clause (i); + ``(iii) identify opportunities for collection of new + data to address the needs of the space weather user + community; + ``(iv) identify methods to increase coordination of + space weather research to operations and operations to + research; + ``(v) identify opportunities for new technologies, + research, and instrumentation to aid in research, + understanding, monitoring, modeling, prediction, + forecasting, and warning of space weather; and + ``(vi) identify methods and technologies to improve + preparedness for potential space weather phenomena. + ``(C) Coordination with agencies.--In carrying out the + requirements of this subsection, the advisory group shall + communicate and coordinate with the interagency working group + to ensure the needs of the governmental space weather user + community are adequately and appropriately identified by the + survey under subparagraph (A). + ``(D) Briefing to congress.--Not later than 30 days after + the completion of the survey under subparagraph (A), the + advisory group shall provide to the Committee on Science, + Space, and Technology of the House of Representatives and the + Committee on Commerce, Science, and Transportation of the + Senate a briefing on the results of the survey under + subparagraph (A). + ``(E) Publication.--Within 30 days of the briefing to + Congress, the advisory group shall make the results of the + survey under subparagraph (A) publicly available. + ``(F) Reevaluation.--The advisory group shall review and + assess the survey under subparagraph (A) not less than every 3 + years and update, resubmit, and republish the survey in + accordance with the requirements of subparagraphs (D) and (E). + ``(4) Federal advisory committee act.--Section 14 of the + Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to + the advisory group. ``Sec. 60602. Integrated strategy ``(a) In General.--The Director of the Office of Science and Technology Policy, in collaboration with the interagency working group @@ -297,56 +275,53 @@ and upon the advice of the advisory group, shall develop a strategy for coordinated observation of space weather among members of the interagency working group (in this chapter, referred to as the `integrated strategy'). The integrated strategy shall identify-- - ``(1) observations and measurements that must be sustained - beyond the lifetime of current ground-based and space-based - assets, as described under section 60603, that are essential - for space weather research, models, forecasting, and - prediction; - ``(2) new observations and measurements that may - significantly improve space weather forecasting and prediction; - and - ``(3) plans for follow-on space-based observations under - section 60603. + ``(1) observations and measurements that must be sustained + beyond the lifetime of current ground-based and space-based assets, + as described under section 60603, that are essential for space + weather research, models, forecasting, and prediction; + ``(2) new observations and measurements that may significantly + improve space weather forecasting and prediction; and + ``(3) plans for follow-on space-based observations under + section 60603. ``(b) Considerations.--In developing the integrated strategy in subsection (a), the Director of the Office of Science and Technology Policy shall consider, as appropriate, the following: - ``(1) Potential contributions of commercial solutions, - prize authority, academic and international partnerships, - microsatellites, small satellite options, ground-based - instruments, and hosted payloads for observations identified in - section 60602(a)(2). - ``(2) Work conducted before the date of enactment of the - PROSWIFT Act by the National Science and Technology Council - with respect to space weather. - ``(3) The survey under section 60601(d). - ``(4) Any relevant recommendations from the most recent - National Academies of Sciences, Engineering, and Medicine - Decadal Survey for Solar and Space Physics (Heliophysics). + ``(1) Potential contributions of commercial solutions, prize + authority, academic and international partnerships, + microsatellites, small satellite options, ground-based instruments, + and hosted payloads for observations identified in section + 60602(a)(2). + ``(2) Work conducted before the date of enactment of the + PROSWIFT Act by the National Science and Technology Council with + respect to space weather. + ``(3) The survey under section 60601(d). + ``(4) Any relevant recommendations from the most recent + National Academies of Sciences, Engineering, and Medicine Decadal + Survey for Solar and Space Physics (Heliophysics). ``(c) Review of Integrated Strategy.-- - ``(1) Review.--The Administrator of the National - Aeronautics and Space Administration and the Administrator of - the National Oceanic and Atmospheric Administration, in - consultation with Federal agencies participating in the - interagency working group, shall enter into an agreement with - the National Academies of Sciences, Engineering, and Medicine - to review the integrated strategy developed in this section. - ``(2) Considerations.--The review from paragraph (1) shall - also consider the current state, capability, and feasibility of - the commercial space weather sector to provide new and - supplemental observations and measurements that may - significantly improve space weather forecasting and prediction. - ``(3) Transmittal.--The Director of the Office of Science - and Technology Policy, the Administrator of the National - Aeronautics and Space Administration, and the Administrator of - the National Oceanic and Atmospheric Administration shall - transmit the integrated strategy and the results of the review - required under paragraph (1) to the Committee on Science, - Space, and Technology of the House of Representatives and the - Committee on Commerce, Science, and Transportation of the - Senate not later than 1 year after the date of the completion - of the survey under section 60601(d)(3). The integrated - strategy and its review shall be made publicly available within - 30 days of submittal to Congress. + ``(1) Review.--The Administrator of the National Aeronautics + and Space Administration and the Administrator of the National + Oceanic and Atmospheric Administration, in consultation with + Federal agencies participating in the interagency working group, + shall enter into an agreement with the National Academies of + Sciences, Engineering, and Medicine to review the integrated + strategy developed in this section. + ``(2) Considerations.--The review from paragraph (1) shall also + consider the current state, capability, and feasibility of the + commercial space weather sector to provide new and supplemental + observations and measurements that may significantly improve space + weather forecasting and prediction. + ``(3) Transmittal.--The Director of the Office of Science and + Technology Policy, the Administrator of the National Aeronautics + and Space Administration, and the Administrator of the National + Oceanic and Atmospheric Administration shall transmit the + integrated strategy and the results of the review required under + paragraph (1) to the Committee on Science, Space, and Technology of + the House of Representatives and the Committee on Commerce, + Science, and Transportation of the Senate not later than 1 year + after the date of the completion of the survey under section + 60601(d)(3). The integrated strategy and its review shall be made + publicly available within 30 days of submittal to Congress. ``(d) Implementation Plan.--Not later than 180 days after delivery of the review of the integrated strategy in subsection (c)(3), the interagency working group shall develop a plan to implement the @@ -364,31 +339,29 @@ later than 1 year after the reevaluation of the user survey from section 60601(d)(3)(F) in accordance with the requirements of subsections (a) through (d). ``Sec. 60603. Sustaining and advancing critical space weather - observations + observations ``(a) Policy.--It is the policy of the United States to-- - ``(1) establish and sustain a baseline capability for space - weather observations and to make such observations and data - publicly available; and - ``(2) obtain enhanced space weather observations, as - practicable, to advance forecasting and prediction capability, - as informed by the integrated strategy in section 60602. + ``(1) establish and sustain a baseline capability for space + weather observations and to make such observations and data + publicly available; and + ``(2) obtain enhanced space weather observations, as + practicable, to advance forecasting and prediction capability, as + informed by the integrated strategy in section 60602. ``(b) Sustaining Baseline Space-based Observational Capabilities.-- - ``(1) The Administrator of the National Aeronautics and - Space Administration shall, in cooperation with the European - Space Agency and other international and interagency partners, - maintain operations of the Solar and Heliospheric Observatory/ - Large Angle and Spectrometric Coronagraph (referred to in this - section as `SOHO/LASCO') for as long as the satellite continues - to deliver quality observations. - ``(2) The Administrator of the National Aeronautics and - Space Administration shall prioritize the reception of SOHO/ - LASCO data. - ``(3) The Administrator of the National Oceanic and - Atmospheric Administration shall maintain, for as long as is - practicable, operations of current space-based observational - assets, including but not limited to the Geostationary - Operational Environmental Satellites system, and the Deep Space - Climate Observatory. + ``(1) The Administrator of the National Aeronautics and Space + Administration shall, in cooperation with the European Space Agency + and other international and interagency partners, maintain + operations of the Solar and Heliospheric Observatory/Large Angle + and Spectrometric Coronagraph (referred to in this section as + `SOHO/LASCO') for as long as the satellite continues to deliver + quality observations. + ``(2) The Administrator of the National Aeronautics and Space + Administration shall prioritize the reception of SOHO/LASCO data. + ``(3) The Administrator of the National Oceanic and Atmospheric + Administration shall maintain, for as long as is practicable, + operations of current space-based observational assets, including + but not limited to the Geostationary Operational Environmental + Satellites system, and the Deep Space Climate Observatory. ``(c) Backup Space-based Observational Capability.--The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Secretary of Defense and the Administrator of @@ -416,14 +389,13 @@ Director of the National Science Foundation, the Director of the United States Geological Survey, the Secretary of the Air Force, and, as practicable in support of the Air Force, the Secretary of the Navy, shall each-- - ``(1) maintain and improve ground-based observations of the - Sun, as necessary and advisable, to help meet the needs - identified in the survey under section 60601(d)(3); and - ``(2) continue to provide space weather data through - ground-based facilities, including radars, lidars, - magnetometers, neutron monitors, radio receivers, aurora and - airglow imagers, spectrometers, interferometers, and solar - observatories. + ``(1) maintain and improve ground-based observations of the + Sun, as necessary and advisable, to help meet the needs identified + in the survey under section 60601(d)(3); and + ``(2) continue to provide space weather data through ground- + based facilities, including radars, lidars, magnetometers, neutron + monitors, radio receivers, aurora and airglow imagers, + spectrometers, interferometers, and solar observatories. ``(g) Considerations.--In implementing subsections (b), (c), and (d), the Administrators of the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration, @@ -432,13 +404,12 @@ Geological Survey, and the Secretaries of the Air Force and the Navy shall prioritize cost-effective and reliable solutions. ``(h) Ground-based Observational Data.--The Director of the National Science Foundation shall-- - ``(1) make available to the public key data streams from - the platforms and facilities described in subsection (d) for - research and to support space weather model development; - ``(2) develop experimental models for scientific purposes; - and - ``(3) support the transition of the experimental models to - operations where appropriate. + ``(1) make available to the public key data streams from the + platforms and facilities described in subsection (d) for research + and to support space weather model development; + ``(2) develop experimental models for scientific purposes; and + ``(3) support the transition of the experimental models to + operations where appropriate. ``(i) Enhanced Space-based Observations.--The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Secretary of Defense, should develop options to build and deploy @@ -453,34 +424,32 @@ payload on an upcoming planned launch. ``(a) Basic Research.--The Director of the National Science Foundation, the Administrator of the National Aeronautics and Space Administration, and the Secretary of Defense, shall-- - ``(1) continue to carry out basic research on heliophysics, - geospace science, and space weather; and - ``(2) support competitive, peer-reviewed proposals for - conducting research, advancing modeling, and monitoring of - space weather and its impacts, including the science goals - outlined in decadal surveys in solar and space physics - conducted by the National Academies of Sciences, Engineering, - and Medicine. + ``(1) continue to carry out basic research on heliophysics, + geospace science, and space weather; and + ``(2) support competitive, peer-reviewed proposals for + conducting research, advancing modeling, and monitoring of space + weather and its impacts, including the science goals outlined in + decadal surveys in solar and space physics conducted by the + National Academies of Sciences, Engineering, and Medicine. ``(b) Multidisciplinary Research.-- - ``(1) Findings.--Congress finds that the multidisciplinary - nature of solar and space physics creates funding challenges - that require coordination across scientific disciplines and - Federal agencies. - ``(2) Sense of congress.--It is the sense of Congress that - science centers could coordinate multidisciplinary solar and - space physics research. The Administrator of the National - Aeronautics and Space Administration and Director of the - National Science Foundation should support competitively - awarded grants for multidisciplinary science centers that - advance solar and space physics research, including research- - to-operations and operations-to-research processes. - ``(3) Multidisciplinary research.--The Director of the - National Science Foundation, the Administrator of the National - Oceanic and Atmospheric Administration, and the Administrator - of the National Aeronautics and Space Administration, shall - each pursue multidisciplinary research in subjects that further - the understanding of solar physics, space physics, and space - weather. + ``(1) Findings.--Congress finds that the multidisciplinary + nature of solar and space physics creates funding challenges that + require coordination across scientific disciplines and Federal + agencies. + ``(2) Sense of congress.--It is the sense of Congress that + science centers could coordinate multidisciplinary solar and space + physics research. The Administrator of the National Aeronautics and + Space Administration and Director of the National Science + Foundation should support competitively awarded grants for + multidisciplinary science centers that advance solar and space + physics research, including research-to-operations and operations- + to-research processes. + ``(3) Multidisciplinary research.--The Director of the National + Science Foundation, the Administrator of the National Oceanic and + Atmospheric Administration, and the Administrator of the National + Aeronautics and Space Administration, shall each pursue + multidisciplinary research in subjects that further the + understanding of solar physics, space physics, and space weather. ``(c) Science Missions.--The Administrator of the National Aeronautics and Space Administration should implement missions that meet the science objectives identified in solar and space physics @@ -489,28 +458,28 @@ Engineering, and Medicine. ``(d) Research to Operations; Operations to Research.--The interagency working group shall, upon consideration of the advice of the advisory group, develop formal mechanisms to-- - ``(1) transition the space weather research findings, - models, and capabilities of the National Aeronautics and Space - Administration, the National Science Foundation, the United - States Geological Survey, and other relevant Federal agencies, - as appropriate, to the National Oceanic and Atmospheric - Administration and the Department of Defense; - ``(2) enhance coordination between research modeling - centers and forecasting centers; and - ``(3) communicate the operational needs of space weather - forecasters of the National Oceanic and Atmospheric - Administration and Department of Defense, as appropriate, to - the National Aeronautics and Space Administration, the National - Science Foundation, and the United States Geological Survey. + ``(1) transition the space weather research findings, models, + and capabilities of the National Aeronautics and Space + Administration, the National Science Foundation, the United States + Geological Survey, and other relevant Federal agencies, as + appropriate, to the National Oceanic and Atmospheric Administration + and the Department of Defense; + ``(2) enhance coordination between research modeling centers + and forecasting centers; and + ``(3) communicate the operational needs of space weather + forecasters of the National Oceanic and Atmospheric Administration + and Department of Defense, as appropriate, to the National + Aeronautics and Space Administration, the National Science + Foundation, and the United States Geological Survey. ``Sec. 60605. Space weather data ``(a) In General.--The Administrator of the National Aeronautics and Space Administration and the Director of the National Science Foundation shall continue to-- - ``(1) make space weather-related data obtained for - scientific research purposes available to space weather - forecasters and operations centers; and - ``(2) support model development and model applications to - space weather forecasting. + ``(1) make space weather-related data obtained for scientific + research purposes available to space weather forecasters and + operations centers; and + ``(2) support model development and model applications to space + weather forecasting. ``(b) Research.--The Administrator of the National Oceanic and Atmospheric Administration shall make space weather-related data obtained from operational forecasting available for research. @@ -526,14 +495,14 @@ communication and knowledge transfer among Government participants in the space weather interagency working group established under section 60601(c), the academic community, and the commercial space weather sector to-- - ``(1) facilitate advances in space weather prediction and - forecasting; - ``(2) increase coordination of space weather research to - operations and operations to research; and - ``(3) improve preparedness for potential space weather - phenomena. + ``(1) facilitate advances in space weather prediction and + forecasting; + ``(2) increase coordination of space weather research to + operations and operations to research; and + ``(3) improve preparedness for potential space weather + phenomena. ``Sec. 60607. Pilot program for obtaining commercial sector space - weather data + weather data ``(a) Establishment.--Not later than 12 months after the date of enactment of the PROSWIFT Act, the Administrator of the National Oceanic and Atmospheric Administration may establish a pilot program @@ -549,84 +518,66 @@ with the Secretary of Defense, may publish standards and specifications for ground-based, ocean-based, air-based, and space-based commercial space weather data and metadata. ``(c) Contracts.-- - ``(1) In general.--Within 12 months after the date of - transmission of the review of the integrated strategy to - Congress under section 60602(c)(3) and taking into account the - results of the review, the Administrator of the National - Oceanic and Atmospheric Administration may offer to enter, - through an open competition, into at least one contract with - one or more commercial space weather sector entities capable of - providing space weather data that-- - ``(A) meets the standards and specifications - established for providing such data under subsection - (b); and - ``(B) is provided in a manner that allows the - Administrator of the National Oceanic and Atmospheric - Administration to calibrate and evaluate the data for - use in space weather research and forecasting models of - the National Oceanic and Atmospheric Administration, - the Department of Defense, or both. - ``(2) Assessment.--If one or more contract is entered into - under paragraph (1), not later than 4 years after the date of - enactment of the PROSWIFT Act, the Administrator of the - National Oceanic and Atmospheric Administration shall assess, - and submit to the Committees on Science, Space, and Technology - and Armed Services of the House of Representatives and the - Committees on Commerce, Science, and Transportation and Armed - Services of the Senate, a report on the extent to which the - pilot program has demonstrated data provided under contracts - described in paragraph (1) meet the standards and - specifications established under subsection (b) and the extent - to which the pilot program has demonstrated-- - ``(A) the viability of assimilating the - commercially provided data into National Oceanic and - Atmospheric Administration space weather research and - forecasting models; - ``(B) whether, and by how much, the data so - provided add value to space weather forecasts of the - National Oceanic and Atmospheric Administration and the - Department of Defense; and - ``(C) the accuracy, quality, timeliness, validity, - reliability, usability, information technology - security, and cost-effectiveness of obtaining - commercial space weather data from commercial sector - providers. + ``(1) In general.--Within 12 months after the date of + transmission of the review of the integrated strategy to Congress + under section 60602(c)(3) and taking into account the results of + the review, the Administrator of the National Oceanic and + Atmospheric Administration may offer to enter, through an open + competition, into at least one contract with one or more commercial + space weather sector entities capable of providing space weather + data that-- + ``(A) meets the standards and specifications established + for providing such data under subsection (b); and + ``(B) is provided in a manner that allows the Administrator + of the National Oceanic and Atmospheric Administration to + calibrate and evaluate the data for use in space weather + research and forecasting models of the National Oceanic and + Atmospheric Administration, the Department of Defense, or both. + ``(2) Assessment.--If one or more contract is entered into + under paragraph (1), not later than 4 years after the date of + enactment of the PROSWIFT Act, the Administrator of the National + Oceanic and Atmospheric Administration shall assess, and submit to + the Committees on Science, Space, and Technology and Armed Services + of the House of Representatives and the Committees on Commerce, + Science, and Transportation and Armed Services of the Senate, a + report on the extent to which the pilot program has demonstrated + data provided under contracts described in paragraph (1) meet the + standards and specifications established under subsection (b) and + the extent to which the pilot program has demonstrated-- + ``(A) the viability of assimilating the commercially + provided data into National Oceanic and Atmospheric + Administration space weather research and forecasting models; + ``(B) whether, and by how much, the data so provided add + value to space weather forecasts of the National Oceanic and + Atmospheric Administration and the Department of Defense; and + ``(C) the accuracy, quality, timeliness, validity, + reliability, usability, information technology security, and + cost-effectiveness of obtaining commercial space weather data + from commercial sector providers. ``Sec. 60608. Space weather benchmarks ``The interagency working group established under section 60601(c) shall periodically review and update the benchmarks described in the report of the National Science and Technology Council entitled `Space Weather Phase 1 Benchmarks' and dated June 2018, as necessary, based on-- - ``(1) any significant new data or advances in scientific - understanding that become available; or - ``(2) the evolving needs of entities impacted by space - weather phenomena.''. + ``(1) any significant new data or advances in scientific + understanding that become available; or + ``(2) the evolving needs of entities impacted by space weather + phenomena.''. (c) Technical and Conforming Amendments.-- - (1) The table of chapters of title 51, United States Code, - is amended by adding after the item relating to chapter 605 the - following: + (1) The table of chapters of title 51, United States Code, is + amended by adding after the item relating to chapter 605 the + following: -``606. Space Weather........................................ 60601''. - (2) Section 809 of the National Aeronautics and Space - Administration Authorization Act of 2010 (42 U.S.C. 18388) and - the item relating to that section in the table of contents - under section 1(b) of that Act (Public Law 111-267; 124 Stat. - 2806) are repealed. +``606. Space Weather............................................60601''. - Passed the Senate July 27, 2020. + (2) Section 809 of the National Aeronautics and Space + Administration Authorization Act of 2010 (42 U.S.C. 18388) and the + item relating to that section in the table of contents under + section 1(b) of that Act (Public Law 111-267; 124 Stat. 2806) are + repealed. - Attest: + Speaker of the House of Representatives. - Secretary. -116th CONGRESS - - 2d Session - - S. 881 - -_______________________________________________________________________ - - AN ACT - - To improve understanding and forecasting of space weather events, and - for other purposes. + Vice President of the United States and + President of the Senate. From 90a49de6589fd6388c9d92280a34486b2869590f Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 768/984] Senate-893: Introduced to Senate --- bills_text/Senate-893.txt | 185 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 185 insertions(+) create mode 100644 bills_text/Senate-893.txt diff --git a/bills_text/Senate-893.txt b/bills_text/Senate-893.txt new file mode 100644 index 0000000..131bd95 --- /dev/null +++ b/bills_text/Senate-893.txt @@ -0,0 +1,185 @@ +116th CONGRESS + 1st Session + S. 893 + + To require the President to develop a strategy to ensure the security +of next generation mobile telecommunications systems and infrastructure + in the United States and to assist allies and strategic partners in + maximizing the security of next generation mobile telecommunications + systems, infrastructure, and software, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 27, 2019 + +Mr. Cornyn (for himself, Mr. Burr, Mr. Warner, Ms. Collins, Mr. Rubio, + Mr. Bennet, Mr. Cotton, and Mrs. Feinstein) introduced the following + bill; which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To require the President to develop a strategy to ensure the security +of next generation mobile telecommunications systems and infrastructure + in the United States and to assist allies and strategic partners in + maximizing the security of next generation mobile telecommunications + systems, infrastructure, and software, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Secure 5G and Beyond Act of 2019''. + +SEC. 2. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION MOBILE + TELECOMMUNICATIONS SYSTEMS AND INFRASTRUCTURE. + + (a) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Select Committee on Intelligence, the Committee on + Commerce, Science, and Transportation, the Committee on Foreign + Relations, the Committee on Armed Services, and the Committee + on Homeland Security and Governmental Affairs of the Senate; + and + (2) the Permanent Select Committee on Intelligence, the + Committee on Energy and Commerce, the Committee on Foreign + Affairs, the Committee on Armed Services, and the Committee on + Homeland Security of the House of Representatives. + (b) Strategy Required.--Not later than 180 days after the date of +the enactment of this Act, the President, in consultation with the +Chairman of the Federal Communications Commission, the Administrator of +the National Telecommunications and Information Administration, the +Secretary of Homeland Security, the Director of National Intelligence, +the Attorney General, and the Secretary of Defense, shall develop and +submit to the appropriate committees of Congress a strategy-- + (1) to ensure the security of 5th and future generations + mobile telecommunications systems and infrastructure within the + United States; + (2) to assist mutual defense treaty allies of the United + States, strategic partners of the United States, and other + countries, when in the security interests of the United States, + in maximizing the security of 5th and future generations mobile + telecommunications systems and infrastructure inside their + countries; and + (3) to protect the competitiveness of United States + companies, privacy of United States consumers, and integrity of + standards setting bodies against political influence. + (c) Designation.--The strategy developed under subsection (b) shall +be known as the ``Secure Next Generation Mobile Communications +Strategy''. + (d) Elements.--The strategy required by subsection (b) shall +represent a whole-of-government approach and shall include the +following: + (1) A description of United States national and economic + security interests pertaining to the deployment of 5th and + future generations mobile telecommunications systems and + infrastructure. + (2) An identification and assessment of potential security + threats and vulnerabilities to the infrastructure, equipment, + systems, software, and virtually defined networks that support + 5th and future generations mobile telecommunications systems + and infrastructure. + (3) A list of available domestic suppliers of 5th and + future generations telecommunications equipment and other + suppliers in countries that are mutual defense allies or + strategic partners of the United States and a strategy to + assess their ability to produce and supply 5th generation and + future generations telecommunications systems and + infrastructure. + (4) Identification of trusted supplier entities from both + inside and outside the United States that are capable of + producing and supplying to private industry infrastructure and + systems equipment supporting 5th and future generations mobile + telecommunications systems and infrastructure. + (5) Identification of where security gaps exist in the + United States domestic or mutual defense treaty allies and + strategic partners telecommunications equipment supply chain + for 5th and future generations infrastructure and systems + equipment. + (6) Identification of incentives and policy options to help + close or narrow such security gaps in the United States + domestic industrial base, including research and development in + critical technologies and workforce development in new + generation technologies. + (7) Identification of incentives and policy options for + leveraging the telecommunications equipment suppliers from + mutual defense treaty allies, strategic partners, and other + countries to ensure that private industry in the United States + has adequate sources for secure, effective, and reliable 5th + and future generations mobile telecommunications systems and + infrastructure equipment. + (8) A strategy for diplomatic engagement with mutual + defense treaty allies, strategic partners, and other countries + to share security risk information and findings pertaining to + 5th and future generations mobile telecommunications systems + and infrastructure equipment and cooperation on mitigating + those risks. + (9) A strategy for engagements with private sector + telecommunications infrastructure and systems equipment + developers to share information and findings on 5th and future + generations mobile telecommunication systems and infrastructure + equipment standards to secure platforms. + (10) A strategy for diplomatic engagements with mutual + defense treaty allies, strategic partners, and other countries + to share information and findings on 5th and future generations + mobile telecommunication systems and infrastructure equipment + standards and standards setting bodies to promote maximum + interoperability, competitiveness, openness, and secure + platforms. + (11) A strategy for joint testing environments with mutual + defense treaty allies, strategic partners, and other countries + to ensure a trusted marketplace for 5th and future generations + mobile telecommunication systems and infrastructure equipment. + (12) A strategy for research and development by the Federal + Government, in close partnership with trusted supplier + entities, mutual defense treaty allies, strategic partners, and + other countries to reach and maintain United States leadership + in 5th and future generations communications security, + including the development of an ongoing monitoring capability + of 5th and future generations telecommunications systems for + security vulnerabilities. + (13) Options for identifying and helping to mitigate the + security risks of 5th and future generations telecommunications + systems and infrastructure equipment with security flaws or + vulnerabilities or equipment sourced from countries of concern + that have already been put in place within mutual defense + treaty allies, strategic partners, and other countries, when in + the security interests of the United States. + (14) A description of the appropriate roles and missions of + the Federal Communications Commission, the National + Telecommunications and Information Administration, the + Department of Homeland Security, the intelligence community, + the Department of Justice, and the Department of Defense in + executing the strategy. + (15) Development of a plan that includes interagency + mechanisms for the National Telecommunications and Information + Administration to act as the executive agent to coordinate + implementation of the strategy. + (16) An identification of the key diplomatic, development, + intelligence, military, and economic resources necessary to + implement the strategy, including specific budgetary requests. + (17) A description of such legislative or administrative + action as may be necessary to carry out the strategy. + (e) Limitation.--The strategy required by subsection (b) shall not +include a recommendation or a proposal to Federalize 5th or future +generations mobile telecommunications systems or infrastructure. + (f) Briefing.--Not later than 14 days after the date on which the +strategy required by subsection (b) is completed, the President's +designee shall provide to the appropriate committees of Congress a +briefing on the implementation of the strategy. + (g) Implementation.--The National Telecommunications and +Information Administration shall act as the executive agent to +coordinate implementation of the strategy, and keep congressional +committees apprised of progress on implementation. + (h) Form.--The strategy submitted under subsection (b) shall be +submitted in unclassified form, but may include a classified annex. + \ No newline at end of file From 55459681d53a4df4d3ca6f7b566b76fa3ec33800 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 769/984] Senate-893: Engrossed in Senate --- bills_text/Senate-893.txt | 341 ++++++++++++++++++++++++-------------- 1 file changed, 212 insertions(+), 129 deletions(-) diff --git a/bills_text/Senate-893.txt b/bills_text/Senate-893.txt index 131bd95..7bf1437 100644 --- a/bills_text/Senate-893.txt +++ b/bills_text/Senate-893.txt @@ -1,29 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 893 - To require the President to develop a strategy to ensure the security -of next generation mobile telecommunications systems and infrastructure - in the United States and to assist allies and strategic partners in - maximizing the security of next generation mobile telecommunications - systems, infrastructure, and software, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 27, 2019 - -Mr. Cornyn (for himself, Mr. Burr, Mr. Warner, Ms. Collins, Mr. Rubio, - Mr. Bennet, Mr. Cotton, and Mrs. Feinstein) introduced the following - bill; which was read twice and referred to the Committee on Commerce, - Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -38,13 +19,12 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``Secure 5G and Beyond Act of 2019''. + This Act may be cited as the ``Secure 5G and Beyond Act of 2020''. -SEC. 2. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION MOBILE - TELECOMMUNICATIONS SYSTEMS AND INFRASTRUCTURE. +SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. - (a) Appropriate Committees of Congress Defined.--In this section, -the term ``appropriate committees of Congress'' means-- + In this Act, the term ``appropriate committees of Congress'' +means-- (1) the Select Committee on Intelligence, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee @@ -54,132 +34,235 @@ the term ``appropriate committees of Congress'' means-- Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives. - (b) Strategy Required.--Not later than 180 days after the date of -the enactment of this Act, the President, in consultation with the -Chairman of the Federal Communications Commission, the Administrator of -the National Telecommunications and Information Administration, the -Secretary of Homeland Security, the Director of National Intelligence, -the Attorney General, and the Secretary of Defense, shall develop and + +SEC. 3. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION WIRELESS + COMMUNICATIONS SYSTEMS AND INFRASTRUCTURE. + + (a) Strategy Required.--Not later than 180 days after the date of +enactment of this Act, the President, in consultation with the Chairman +of the Federal Communications Commission, the Secretary of Commerce, +the Assistant Secretary of Commerce for Communications and Information, +the Secretary of Homeland Security, the Director of National +Intelligence, the Attorney General, the Secretary of State, the +Secretary of Energy, and the Secretary of Defense, and consistent with +the protection of national security information, shall develop and submit to the appropriate committees of Congress a strategy-- (1) to ensure the security of 5th and future generations - mobile telecommunications systems and infrastructure within the + wireless communications systems and infrastructure within the United States; - (2) to assist mutual defense treaty allies of the United - States, strategic partners of the United States, and other - countries, when in the security interests of the United States, - in maximizing the security of 5th and future generations mobile - telecommunications systems and infrastructure inside their - countries; and + (2) to provide technical assistance to mutual defense + treaty allies of the United States, strategic partners of the + United States, and other countries, when in the security and + strategic interests of the United States, to maximize the + security of 5th and future generations wireless communications + systems and infrastructure inside their countries; and (3) to protect the competitiveness of United States - companies, privacy of United States consumers, and integrity of - standards setting bodies against political influence. - (c) Designation.--The strategy developed under subsection (b) shall -be known as the ``Secure Next Generation Mobile Communications -Strategy''. - (d) Elements.--The strategy required by subsection (b) shall -represent a whole-of-government approach and shall include the -following: + companies, privacy of United States consumers, and integrity + and impartiality of standards-setting bodies and processes + related to 5th and future generations wireless communications + systems and infrastructure. + (b) Designation.--The strategy developed under subsection (a) shall +be known as the ``National Strategy to Secure 5G and Next Generation +Wireless Communications'' (referred to in this Act as the +``Strategy''). + (c) Elements.--The Strategy shall represent a whole-of-government +approach and shall include the following: + (1) A description of efforts to facilitate domestic 5th and + future generations wireless communications rollout. + (2) A description of efforts to assess the risks to and + identify core security principles of 5th and future generations + wireless communications infrastructure. + (3) A description of efforts to address risks to the + national security of the United States during development and + deployment of 5th and future generations wireless + communications infrastructure worldwide. + (4) A description of efforts to promote responsible global + development and deployment of 5th and future generations + wireless communications, including through robust international + engagement, leadership in the development of international + standards, and incentivizing market competitiveness of secure + 5th and future generation wireless communications + infrastructure options. + (d) Public Consultation.--In developing the Strategy, the President +shall consult with relevant groups that represent consumers or the +public interest, private sector communications providers, and +communications infrastructure and systems equipment developers. + +SEC. 4. STRATEGY IMPLEMENTATION PLAN. + + Not later than 180 days after the date of enactment of this Act, +the President shall develop and submit to the appropriate committees of +Congress an implementation plan for the Strategy (referred to in this +Act as the ``Implementation Plan''), which shall include, at a minimum, +the following: (1) A description of United States national and economic security interests pertaining to the deployment of 5th and - future generations mobile telecommunications systems and + future generations wireless communications systems and infrastructure. (2) An identification and assessment of potential security threats and vulnerabilities to the infrastructure, equipment, - systems, software, and virtually defined networks that support - 5th and future generations mobile telecommunications systems - and infrastructure. - (3) A list of available domestic suppliers of 5th and - future generations telecommunications equipment and other - suppliers in countries that are mutual defense allies or + systems, software, and virtualized networks that support 5th + and future generations wireless communications systems, + infrastructure, and enabling technologies, which shall, as + practicable, include a comprehensive evaluation of the full + range of threats to, and unique security challenges posed by, + 5th and future generations wireless communications systems and + infrastructure, as well as steps that public and private sector + entities can take to mitigate those threats. + (3) An identification and assessment of the global + competitiveness and vulnerabilities of United States + manufacturers and suppliers of 5th and future generations + wireless communications equipment. + (4) An evaluation of available domestic suppliers of 5th + and future generations wireless communications equipment and + other suppliers in countries that are mutual defense allies or strategic partners of the United States and a strategy to assess their ability to produce and supply 5th generation and - future generations telecommunications systems and + future generations wireless communications systems and infrastructure. - (4) Identification of trusted supplier entities from both - inside and outside the United States that are capable of - producing and supplying to private industry infrastructure and - systems equipment supporting 5th and future generations mobile - telecommunications systems and infrastructure. (5) Identification of where security gaps exist in the United States domestic or mutual defense treaty allies and - strategic partners telecommunications equipment supply chain - for 5th and future generations infrastructure and systems - equipment. + strategic partners communications equipment supply chain for + 5th and future generations wireless communications systems and + infrastructure. (6) Identification of incentives and policy options to help - close or narrow such security gaps in the United States + close or narrow any security gaps identified under paragraph + (5) in, and ensure the economic viability of, the United States domestic industrial base, including research and development in - critical technologies and workforce development in new - generation technologies. + critical technologies and workforce development in 5th and + future generations wireless communications systems and + infrastructure. (7) Identification of incentives and policy options for - leveraging the telecommunications equipment suppliers from - mutual defense treaty allies, strategic partners, and other - countries to ensure that private industry in the United States - has adequate sources for secure, effective, and reliable 5th - and future generations mobile telecommunications systems and - infrastructure equipment. - (8) A strategy for diplomatic engagement with mutual - defense treaty allies, strategic partners, and other countries - to share security risk information and findings pertaining to - 5th and future generations mobile telecommunications systems - and infrastructure equipment and cooperation on mitigating - those risks. - (9) A strategy for engagements with private sector - telecommunications infrastructure and systems equipment - developers to share information and findings on 5th and future - generations mobile telecommunication systems and infrastructure - equipment standards to secure platforms. - (10) A strategy for diplomatic engagements with mutual + leveraging the communications equipment suppliers from mutual defense treaty allies, strategic partners, and other countries - to share information and findings on 5th and future generations - mobile telecommunication systems and infrastructure equipment - standards and standards setting bodies to promote maximum - interoperability, competitiveness, openness, and secure - platforms. - (11) A strategy for joint testing environments with mutual + to ensure that private industry in the United States has + adequate sources for secure, effective, and reliable 5th and + future generations wireless communications systems and + infrastructure equipment. + (8) A plan for diplomatic engagement with mutual defense + treaty allies, strategic partners, and other countries to share + security risk information and findings pertaining to 5th and + future generations wireless communications systems and + infrastructure equipment and cooperation on mitigating those + risks. + (9) A plan for engagement with private sector + communications infrastructure and systems equipment developers + and critical infrastructure owners and operators who have a + critical dependency on communications infrastructure to share + information and findings on 5th and future generations wireless + communications systems and infrastructure equipment standards + to secure platforms. + (10) A plan for engagement with private sector + communications infrastructure and systems equipment developers + to encourage the maximum participation possible on standards- + setting bodies related to such systems and infrastructure + equipment standards by public and private sector entities from + the United States. + (11) A plan for diplomatic engagement with mutual defense + treaty allies, strategic partners, and other countries to share + information and findings on 5th and future generations wireless + communications systems and infrastructure equipment standards + to promote maximum interoperability, competitiveness, openness, + and secure platforms. + (12) A plan for diplomatic engagement with mutual defense + treaty allies, strategic partners, and other countries to share + information and findings on 5th and future generations wireless + communications infrastructure and systems equipment concerning + the standards-setting bodies related to such systems and + infrastructure equipment to promote maximum transparency, + openness, impartiality, integrity, and neutrality. + (13) A plan for joint testing environments with mutual defense treaty allies, strategic partners, and other countries to ensure a trusted marketplace for 5th and future generations - mobile telecommunication systems and infrastructure equipment. - (12) A strategy for research and development by the Federal + wireless communications systems and infrastructure equipment. + (14) A plan for research and development by the Federal Government, in close partnership with trusted supplier entities, mutual defense treaty allies, strategic partners, and other countries to reach and maintain United States leadership - in 5th and future generations communications security, - including the development of an ongoing monitoring capability - of 5th and future generations telecommunications systems for - security vulnerabilities. - (13) Options for identifying and helping to mitigate the - security risks of 5th and future generations telecommunications - systems and infrastructure equipment with security flaws or - vulnerabilities or equipment sourced from countries of concern - that have already been put in place within mutual defense + in 5th and future generations wireless communications systems + and infrastructure security, including the development of an + ongoing capability to identify security vulnerabilities in 5th + and future generations wireless communications systems. + (15) Options for identifying and helping to mitigate the + security risks of 5th and future generations wireless + communications systems and infrastructure that have security + flaws or vulnerabilities, or are utilizing equipment sourced + from countries of concern, and that have already been put in + place within the systems and infrastructure of mutual defense treaty allies, strategic partners, and other countries, when in the security interests of the United States. - (14) A description of the appropriate roles and missions of - the Federal Communications Commission, the National - Telecommunications and Information Administration, the - Department of Homeland Security, the intelligence community, - the Department of Justice, and the Department of Defense in - executing the strategy. - (15) Development of a plan that includes interagency - mechanisms for the National Telecommunications and Information - Administration to act as the executive agent to coordinate - implementation of the strategy. - (16) An identification of the key diplomatic, development, + (16) A description of the roles and responsibilities of the + appropriate executive branch agencies and interagency + mechanisms to coordinate implementation of the Strategy, as + provided in section 5(d). + (17) An identification of the key diplomatic, development, intelligence, military, and economic resources necessary to - implement the strategy, including specific budgetary requests. - (17) A description of such legislative or administrative - action as may be necessary to carry out the strategy. - (e) Limitation.--The strategy required by subsection (b) shall not -include a recommendation or a proposal to Federalize 5th or future -generations mobile telecommunications systems or infrastructure. - (f) Briefing.--Not later than 14 days after the date on which the -strategy required by subsection (b) is completed, the President's -designee shall provide to the appropriate committees of Congress a -briefing on the implementation of the strategy. - (g) Implementation.--The National Telecommunications and -Information Administration shall act as the executive agent to -coordinate implementation of the strategy, and keep congressional -committees apprised of progress on implementation. - (h) Form.--The strategy submitted under subsection (b) shall be -submitted in unclassified form, but may include a classified annex. - \ No newline at end of file + implement the Strategy, including specific budgetary requests. + (18) As necessary, a description of such legislative or + administrative action needed to carry out the Strategy. + +SEC. 5. LIMITATIONS AND BRIEFINGS. + + (a) Limitations.-- + (1) In general.--The Strategy and the Implementation Plan + shall not include a recommendation or a proposal to nationalize + 5th or future generations wireless communications systems or + infrastructure. + (2) Federal agency authority.--Nothing in this Act shall be + construed to limit any authority or ability of any Federal + agency. + (b) Public Comment.--Not later than 60 days after the date of +enactment of this Act, the President shall seek public comment +regarding the development and implementation of the Implementation +Plan. + (c) Briefing.-- + (1) In general.--Not later than 21 days after the date on + which the Implementation Plan is completed, the President shall + direct appropriate representatives from the departments and + agencies involved in the formulation of the Strategy to provide + the appropriate committees of Congress a briefing on the + implementation of the Strategy. + (2) Unclassified setting.--The briefing under paragraph (1) + shall be held in an unclassified setting to the maximum extent + possible. + (d) Implementation.-- + (1) In general.--The President and the National + Telecommunications and Information Administration, in + conjunction, shall-- + (A) implement the Strategy; + (B) keep congressional committees apprised of + progress on implementation; and + (C) not implement any proposal or recommendation + involving non-Federal spectrum administered by the + Federal Communications Commission unless the + implementation of such proposal or recommendation is + first approved by the Commission. + (2) Rule of construction.--Nothing in this subsection shall + be construed to affect the authority or jurisdiction of the + Federal Communications Commission or confer upon the President + or any other executive branch agency the power to direct the + actions of the Commission, whether directly or indirectly. + (e) Form.--The Strategy and Implementation Plan shall be submitted +to the appropriate committees of Congress in unclassified form, but may +include a classified annex. + + Passed the Senate March 4, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 893 + +_______________________________________________________________________ + + AN ACT + + To require the President to develop a strategy to ensure the security +of next generation mobile telecommunications systems and infrastructure + in the United States and to assist allies and strategic partners in + maximizing the security of next generation mobile telecommunications + systems, infrastructure, and software, and for other purposes. From b0b4498949f07983dad72629cdb4a0c383f68d40 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 770/984] Senate-893: Enrolled --- bills_text/Senate-893.txt | 401 ++++++++++++++++++-------------------- 1 file changed, 186 insertions(+), 215 deletions(-) diff --git a/bills_text/Senate-893.txt b/bills_text/Senate-893.txt index 7bf1437..af7252d 100644 --- a/bills_text/Senate-893.txt +++ b/bills_text/Senate-893.txt @@ -1,43 +1,45 @@ -116th CONGRESS - 2d Session - S. 893 + S.893 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To require the President to develop a strategy to ensure the security -of next generation mobile telecommunications systems and infrastructure - in the United States and to assist allies and strategic partners in - maximizing the security of next generation mobile telecommunications +To require the President to develop a strategy to ensure the security of +next generation mobile telecommunications systems and infrastructure in + the United States and to assist allies and strategic partners in + maximizing the security of next generation mobile telecommunications systems, infrastructure, and software, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Secure 5G and Beyond Act of 2020''. - SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. - In this Act, the term ``appropriate committees of Congress'' means-- - (1) the Select Committee on Intelligence, the Committee on - Commerce, Science, and Transportation, the Committee on Foreign - Relations, the Committee on Armed Services, and the Committee - on Homeland Security and Governmental Affairs of the Senate; - and - (2) the Permanent Select Committee on Intelligence, the - Committee on Energy and Commerce, the Committee on Foreign - Affairs, the Committee on Armed Services, and the Committee on - Homeland Security of the House of Representatives. - + (1) the Select Committee on Intelligence, the Committee on + Commerce, Science, and Transportation, the Committee on Foreign + Relations, the Committee on Armed Services, and the Committee on + Homeland Security and Governmental Affairs of the Senate; and + (2) the Permanent Select Committee on Intelligence, the + Committee on Energy and Commerce, the Committee on Foreign Affairs, + the Committee on Armed Services, and the Committee on Homeland + Security of the House of Representatives. SEC. 3. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION WIRELESS - COMMUNICATIONS SYSTEMS AND INFRASTRUCTURE. - +COMMUNICATIONS SYSTEMS AND INFRASTRUCTURE. (a) Strategy Required.--Not later than 180 days after the date of enactment of this Act, the President, in consultation with the Chairman of the Federal Communications Commission, the Secretary of Commerce, @@ -47,222 +49,191 @@ Intelligence, the Attorney General, the Secretary of State, the Secretary of Energy, and the Secretary of Defense, and consistent with the protection of national security information, shall develop and submit to the appropriate committees of Congress a strategy-- - (1) to ensure the security of 5th and future generations - wireless communications systems and infrastructure within the - United States; - (2) to provide technical assistance to mutual defense - treaty allies of the United States, strategic partners of the - United States, and other countries, when in the security and - strategic interests of the United States, to maximize the - security of 5th and future generations wireless communications - systems and infrastructure inside their countries; and - (3) to protect the competitiveness of United States - companies, privacy of United States consumers, and integrity - and impartiality of standards-setting bodies and processes - related to 5th and future generations wireless communications - systems and infrastructure. + (1) to ensure the security of 5th and future generations + wireless communications systems and infrastructure within the + United States; + (2) to provide technical assistance to mutual defense treaty + allies of the United States, strategic partners of the United + States, and other countries, when in the security and strategic + interests of the United States, to maximize the security of 5th and + future generations wireless communications systems and + infrastructure inside their countries; and + (3) to protect the competitiveness of United States companies, + privacy of United States consumers, and integrity and impartiality + of standards-setting bodies and processes related to 5th and future + generations wireless communications systems and infrastructure. (b) Designation.--The strategy developed under subsection (a) shall be known as the ``National Strategy to Secure 5G and Next Generation Wireless Communications'' (referred to in this Act as the ``Strategy''). (c) Elements.--The Strategy shall represent a whole-of-government approach and shall include the following: - (1) A description of efforts to facilitate domestic 5th and - future generations wireless communications rollout. - (2) A description of efforts to assess the risks to and - identify core security principles of 5th and future generations - wireless communications infrastructure. - (3) A description of efforts to address risks to the - national security of the United States during development and - deployment of 5th and future generations wireless - communications infrastructure worldwide. - (4) A description of efforts to promote responsible global - development and deployment of 5th and future generations - wireless communications, including through robust international - engagement, leadership in the development of international - standards, and incentivizing market competitiveness of secure - 5th and future generation wireless communications - infrastructure options. + (1) A description of efforts to facilitate domestic 5th and + future generations wireless communications rollout. + (2) A description of efforts to assess the risks to and + identify core security principles of 5th and future generations + wireless communications infrastructure. + (3) A description of efforts to address risks to the national + security of the United States during development and deployment of + 5th and future generations wireless communications infrastructure + worldwide. + (4) A description of efforts to promote responsible global + development and deployment of 5th and future generations wireless + communications, including through robust international engagement, + leadership in the development of international standards, and + incentivizing market competitiveness of secure 5th and future + generation wireless communications infrastructure options. (d) Public Consultation.--In developing the Strategy, the President shall consult with relevant groups that represent consumers or the public interest, private sector communications providers, and communications infrastructure and systems equipment developers. - SEC. 4. STRATEGY IMPLEMENTATION PLAN. - Not later than 180 days after the date of enactment of this Act, the President shall develop and submit to the appropriate committees of Congress an implementation plan for the Strategy (referred to in this Act as the ``Implementation Plan''), which shall include, at a minimum, the following: - (1) A description of United States national and economic - security interests pertaining to the deployment of 5th and - future generations wireless communications systems and - infrastructure. - (2) An identification and assessment of potential security - threats and vulnerabilities to the infrastructure, equipment, - systems, software, and virtualized networks that support 5th - and future generations wireless communications systems, - infrastructure, and enabling technologies, which shall, as - practicable, include a comprehensive evaluation of the full - range of threats to, and unique security challenges posed by, - 5th and future generations wireless communications systems and - infrastructure, as well as steps that public and private sector - entities can take to mitigate those threats. - (3) An identification and assessment of the global - competitiveness and vulnerabilities of United States - manufacturers and suppliers of 5th and future generations - wireless communications equipment. - (4) An evaluation of available domestic suppliers of 5th - and future generations wireless communications equipment and - other suppliers in countries that are mutual defense allies or - strategic partners of the United States and a strategy to - assess their ability to produce and supply 5th generation and - future generations wireless communications systems and - infrastructure. - (5) Identification of where security gaps exist in the - United States domestic or mutual defense treaty allies and - strategic partners communications equipment supply chain for - 5th and future generations wireless communications systems and - infrastructure. - (6) Identification of incentives and policy options to help - close or narrow any security gaps identified under paragraph - (5) in, and ensure the economic viability of, the United States - domestic industrial base, including research and development in - critical technologies and workforce development in 5th and - future generations wireless communications systems and - infrastructure. - (7) Identification of incentives and policy options for - leveraging the communications equipment suppliers from mutual - defense treaty allies, strategic partners, and other countries - to ensure that private industry in the United States has - adequate sources for secure, effective, and reliable 5th and - future generations wireless communications systems and - infrastructure equipment. - (8) A plan for diplomatic engagement with mutual defense - treaty allies, strategic partners, and other countries to share - security risk information and findings pertaining to 5th and - future generations wireless communications systems and - infrastructure equipment and cooperation on mitigating those - risks. - (9) A plan for engagement with private sector - communications infrastructure and systems equipment developers - and critical infrastructure owners and operators who have a - critical dependency on communications infrastructure to share - information and findings on 5th and future generations wireless - communications systems and infrastructure equipment standards - to secure platforms. - (10) A plan for engagement with private sector - communications infrastructure and systems equipment developers - to encourage the maximum participation possible on standards- - setting bodies related to such systems and infrastructure - equipment standards by public and private sector entities from - the United States. - (11) A plan for diplomatic engagement with mutual defense - treaty allies, strategic partners, and other countries to share - information and findings on 5th and future generations wireless - communications systems and infrastructure equipment standards - to promote maximum interoperability, competitiveness, openness, - and secure platforms. - (12) A plan for diplomatic engagement with mutual defense - treaty allies, strategic partners, and other countries to share - information and findings on 5th and future generations wireless - communications infrastructure and systems equipment concerning - the standards-setting bodies related to such systems and - infrastructure equipment to promote maximum transparency, - openness, impartiality, integrity, and neutrality. - (13) A plan for joint testing environments with mutual - defense treaty allies, strategic partners, and other countries - to ensure a trusted marketplace for 5th and future generations - wireless communications systems and infrastructure equipment. - (14) A plan for research and development by the Federal - Government, in close partnership with trusted supplier - entities, mutual defense treaty allies, strategic partners, and - other countries to reach and maintain United States leadership - in 5th and future generations wireless communications systems - and infrastructure security, including the development of an - ongoing capability to identify security vulnerabilities in 5th - and future generations wireless communications systems. - (15) Options for identifying and helping to mitigate the - security risks of 5th and future generations wireless - communications systems and infrastructure that have security - flaws or vulnerabilities, or are utilizing equipment sourced - from countries of concern, and that have already been put in - place within the systems and infrastructure of mutual defense - treaty allies, strategic partners, and other countries, when in - the security interests of the United States. - (16) A description of the roles and responsibilities of the - appropriate executive branch agencies and interagency - mechanisms to coordinate implementation of the Strategy, as - provided in section 5(d). - (17) An identification of the key diplomatic, development, - intelligence, military, and economic resources necessary to - implement the Strategy, including specific budgetary requests. - (18) As necessary, a description of such legislative or - administrative action needed to carry out the Strategy. - + (1) A description of United States national and economic + security interests pertaining to the deployment of 5th and future + generations wireless communications systems and infrastructure. + (2) An identification and assessment of potential security + threats and vulnerabilities to the infrastructure, equipment, + systems, software, and virtualized networks that support 5th and + future generations wireless communications systems, infrastructure, + and enabling technologies, which shall, as practicable, include a + comprehensive evaluation of the full range of threats to, and + unique security challenges posed by, 5th and future generations + wireless communications systems and infrastructure, as well as + steps that public and private sector entities can take to mitigate + those threats. + (3) An identification and assessment of the global + competitiveness and vulnerabilities of United States manufacturers + and suppliers of 5th and future generations wireless communications + equipment. + (4) An evaluation of available domestic suppliers of 5th and + future generations wireless communications equipment and other + suppliers in countries that are mutual defense allies or strategic + partners of the United States and a strategy to assess their + ability to produce and supply 5th generation and future generations + wireless communications systems and infrastructure. + (5) Identification of where security gaps exist in the United + States domestic or mutual defense treaty allies and strategic + partners communications equipment supply chain for 5th and future + generations wireless communications systems and infrastructure. + (6) Identification of incentives and policy options to help + close or narrow any security gaps identified under paragraph (5) + in, and ensure the economic viability of, the United States + domestic industrial base, including research and development in + critical technologies and workforce development in 5th and future + generations wireless communications systems and infrastructure. + (7) Identification of incentives and policy options for + leveraging the communications equipment suppliers from mutual + defense treaty allies, strategic partners, and other countries to + ensure that private industry in the United States has adequate + sources for secure, effective, and reliable 5th and future + generations wireless communications systems and infrastructure + equipment. + (8) A plan for diplomatic engagement with mutual defense treaty + allies, strategic partners, and other countries to share security + risk information and findings pertaining to 5th and future + generations wireless communications systems and infrastructure + equipment and cooperation on mitigating those risks. + (9) A plan for engagement with private sector communications + infrastructure and systems equipment developers and critical + infrastructure owners and operators who have a critical dependency + on communications infrastructure to share information and findings + on 5th and future generations wireless communications systems and + infrastructure equipment standards to secure platforms. + (10) A plan for engagement with private sector communications + infrastructure and systems equipment developers to encourage the + maximum participation possible on standards-setting bodies related + to such systems and infrastructure equipment standards by public + and private sector entities from the United States. + (11) A plan for diplomatic engagement with mutual defense + treaty allies, strategic partners, and other countries to share + information and findings on 5th and future generations wireless + communications systems and infrastructure equipment standards to + promote maximum interoperability, competitiveness, openness, and + secure platforms. + (12) A plan for diplomatic engagement with mutual defense + treaty allies, strategic partners, and other countries to share + information and findings on 5th and future generations wireless + communications infrastructure and systems equipment concerning the + standards-setting bodies related to such systems and infrastructure + equipment to promote maximum transparency, openness, impartiality, + integrity, and neutrality. + (13) A plan for joint testing environments with mutual defense + treaty allies, strategic partners, and other countries to ensure a + trusted marketplace for 5th and future generations wireless + communications systems and infrastructure equipment. + (14) A plan for research and development by the Federal + Government, in close partnership with trusted supplier entities, + mutual defense treaty allies, strategic partners, and other + countries to reach and maintain United States leadership in 5th and + future generations wireless communications systems and + infrastructure security, including the development of an ongoing + capability to identify security vulnerabilities in 5th and future + generations wireless communications systems. + (15) Options for identifying and helping to mitigate the + security risks of 5th and future generations wireless + communications systems and infrastructure that have security flaws + or vulnerabilities, or are utilizing equipment sourced from + countries of concern, and that have already been put in place + within the systems and infrastructure of mutual defense treaty + allies, strategic partners, and other countries, when in the + security interests of the United States. + (16) A description of the roles and responsibilities of the + appropriate executive branch agencies and interagency mechanisms to + coordinate implementation of the Strategy, as provided in section + 5(d). + (17) An identification of the key diplomatic, development, + intelligence, military, and economic resources necessary to + implement the Strategy, including specific budgetary requests. + (18) As necessary, a description of such legislative or + administrative action needed to carry out the Strategy. SEC. 5. LIMITATIONS AND BRIEFINGS. - (a) Limitations.-- - (1) In general.--The Strategy and the Implementation Plan - shall not include a recommendation or a proposal to nationalize - 5th or future generations wireless communications systems or - infrastructure. - (2) Federal agency authority.--Nothing in this Act shall be - construed to limit any authority or ability of any Federal - agency. + (1) In general.--The Strategy and the Implementation Plan shall + not include a recommendation or a proposal to nationalize 5th or + future generations wireless communications systems or + infrastructure. + (2) Federal agency authority.--Nothing in this Act shall be + construed to limit any authority or ability of any Federal agency. (b) Public Comment.--Not later than 60 days after the date of enactment of this Act, the President shall seek public comment regarding the development and implementation of the Implementation Plan. (c) Briefing.-- - (1) In general.--Not later than 21 days after the date on - which the Implementation Plan is completed, the President shall - direct appropriate representatives from the departments and - agencies involved in the formulation of the Strategy to provide - the appropriate committees of Congress a briefing on the - implementation of the Strategy. - (2) Unclassified setting.--The briefing under paragraph (1) - shall be held in an unclassified setting to the maximum extent - possible. + (1) In general.--Not later than 21 days after the date on which + the Implementation Plan is completed, the President shall direct + appropriate representatives from the departments and agencies + involved in the formulation of the Strategy to provide the + appropriate committees of Congress a briefing on the implementation + of the Strategy. + (2) Unclassified setting.--The briefing under paragraph (1) + shall be held in an unclassified setting to the maximum extent + possible. (d) Implementation.-- - (1) In general.--The President and the National - Telecommunications and Information Administration, in - conjunction, shall-- - (A) implement the Strategy; - (B) keep congressional committees apprised of - progress on implementation; and - (C) not implement any proposal or recommendation - involving non-Federal spectrum administered by the - Federal Communications Commission unless the - implementation of such proposal or recommendation is - first approved by the Commission. - (2) Rule of construction.--Nothing in this subsection shall - be construed to affect the authority or jurisdiction of the - Federal Communications Commission or confer upon the President - or any other executive branch agency the power to direct the - actions of the Commission, whether directly or indirectly. + (1) In general.--The President and the National + Telecommunications and Information Administration, in conjunction, + shall-- + (A) implement the Strategy; + (B) keep congressional committees apprised of progress on + implementation; and + (C) not implement any proposal or recommendation involving + non-Federal spectrum administered by the Federal Communications + Commission unless the implementation of such proposal or + recommendation is first approved by the Commission. + (2) Rule of construction.--Nothing in this subsection shall be + construed to affect the authority or jurisdiction of the Federal + Communications Commission or confer upon the President or any other + executive branch agency the power to direct the actions of the + Commission, whether directly or indirectly. (e) Form.--The Strategy and Implementation Plan shall be submitted to the appropriate committees of Congress in unclassified form, but may include a classified annex. - Passed the Senate March 4, 2020. - - Attest: - - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 2d Session - - S. 893 - -_______________________________________________________________________ - - AN ACT - - To require the President to develop a strategy to ensure the security -of next generation mobile telecommunications systems and infrastructure - in the United States and to assist allies and strategic partners in - maximizing the security of next generation mobile telecommunications - systems, infrastructure, and software, and for other purposes. + Vice President of the United States and + President of the Senate. From 955727e0f415e2ef2ddd06607c1c24b0043d44e4 Mon Sep 17 00:00:00 2001 From: "Sen. Daines, Steve [R-MT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 771/984] Senate-900: Introduced to Senate --- bills_text/Senate-900.txt | 46 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 46 insertions(+) create mode 100644 bills_text/Senate-900.txt diff --git a/bills_text/Senate-900.txt b/bills_text/Senate-900.txt new file mode 100644 index 0000000..a27f72a --- /dev/null +++ b/bills_text/Senate-900.txt @@ -0,0 +1,46 @@ +116th CONGRESS + 1st Session + S. 900 + +To designate the community-based outpatient clinic of the Department of + Veterans Affairs in Bozeman, Montana, as the ``Travis W. Atkins + Department of Veterans Affairs Clinic''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 27, 2019 + +Mr. Daines (for himself and Mr. Tester) introduced the following bill; +which was read twice and referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + +To designate the community-based outpatient clinic of the Department of + Veterans Affairs in Bozeman, Montana, as the ``Travis W. Atkins + Department of Veterans Affairs Clinic''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DESIGNATION OF TRAVIS W. ATKINS DEPARTMENT OF VETERANS + AFFAIRS CLINIC IN BOZEMAN, MONTANA. + + (a) Designation.--The community-based outpatient clinic of the +Department of Veterans Affairs located at 300 North Willson Avenue, +Bozeman, Montana, shall after the date of the enactment of this Act be +known and designated as the ``Travis W. Atkins Department of Veterans +Affairs Clinic'' or the ``Travis W. Atkins VA Clinic''. + (b) Reference.--Any reference in any law, regulation, map, +document, paper, or other record of the United States to the community- +based outpatient clinic referred to in subsection (a) shall be +considered to be a reference to the Travis W. Atkins Department of +Veterans Affairs Clinic. + \ No newline at end of file From 7279a859f4ec469d30b26f771be06962a54fac94 Mon Sep 17 00:00:00 2001 From: "Sen. Daines, Steve [R-MT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 772/984] Senate-900: Engrossed in Senate --- bills_text/Senate-900.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-900.txt b/bills_text/Senate-900.txt index a27f72a..956f7d7 100644 --- a/bills_text/Senate-900.txt +++ b/bills_text/Senate-900.txt @@ -2,24 +2,9 @@ 1st Session S. 900 -To designate the community-based outpatient clinic of the Department of - Veterans Affairs in Bozeman, Montana, as the ``Travis W. Atkins - Department of Veterans Affairs Clinic''. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 27, 2019 - -Mr. Daines (for himself and Mr. Tester) introduced the following bill; -which was read twice and referred to the Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -43,4 +28,22 @@ document, paper, or other record of the United States to the community- based outpatient clinic referred to in subsection (a) shall be considered to be a reference to the Travis W. Atkins Department of Veterans Affairs Clinic. - \ No newline at end of file + + Passed the Senate November 21, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 900 + +_______________________________________________________________________ + + AN ACT + +To designate the community-based outpatient clinic of the Department of + Veterans Affairs in Bozeman, Montana, as the ``Travis W. Atkins + Department of Veterans Affairs Clinic''. From 663ebff315787c6982db367bf1efb0f6cffa37ff Mon Sep 17 00:00:00 2001 From: "Sen. Daines, Steve [R-MT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 773/984] Senate-900: Enrolled --- bills_text/Senate-900.txt | 55 +++++++++++++++++---------------------- 1 file changed, 24 insertions(+), 31 deletions(-) diff --git a/bills_text/Senate-900.txt b/bills_text/Senate-900.txt index 956f7d7..af5ff6a 100644 --- a/bills_text/Senate-900.txt +++ b/bills_text/Senate-900.txt @@ -1,49 +1,42 @@ -116th CONGRESS - 1st Session - S. 900 + S.900 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To designate the community-based outpatient clinic of the Department of - Veterans Affairs in Bozeman, Montana, as the ``Travis W. Atkins - Department of Veterans Affairs Clinic''. +Veterans Affairs in Bozeman, Montana, as the Travis W. Atkins Department + of Veterans Affairs Clinic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DESIGNATION OF TRAVIS W. ATKINS DEPARTMENT OF VETERANS - AFFAIRS CLINIC IN BOZEMAN, MONTANA. - +AFFAIRS CLINIC IN BOZEMAN, MONTANA. (a) Designation.--The community-based outpatient clinic of the -Department of Veterans Affairs located at 300 North Willson Avenue, -Bozeman, Montana, shall after the date of the enactment of this Act be -known and designated as the ``Travis W. Atkins Department of Veterans -Affairs Clinic'' or the ``Travis W. Atkins VA Clinic''. +Department of Veterans Affairs located in Bozeman, Montana, shall after +the date of the enactment of this Act be known and designated as the +``Travis W. Atkins Department of Veterans Affairs Clinic'' or the +``Travis W. Atkins VA Clinic''. (b) Reference.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the community- based outpatient clinic referred to in subsection (a) shall be considered to be a reference to the Travis W. Atkins Department of Veterans Affairs Clinic. - Passed the Senate November 21, 2019. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 900 - -_______________________________________________________________________ - - AN ACT - -To designate the community-based outpatient clinic of the Department of - Veterans Affairs in Bozeman, Montana, as the ``Travis W. Atkins - Department of Veterans Affairs Clinic''. + Vice President of the United States and + President of the Senate. From d25f4c5a91c4cb258a3caf7bddec7a2eb4350462 Mon Sep 17 00:00:00 2001 From: "Sen. Feinstein, Dianne [D-CA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 774/984] Senate-906: Introduced to Senate --- bills_text/Senate-906.txt | 113 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 113 insertions(+) create mode 100644 bills_text/Senate-906.txt diff --git a/bills_text/Senate-906.txt b/bills_text/Senate-906.txt new file mode 100644 index 0000000..81381e9 --- /dev/null +++ b/bills_text/Senate-906.txt @@ -0,0 +1,113 @@ +116th CONGRESS + 1st Session + S. 906 + + To improve the management of driftnet fishing. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 27, 2019 + + Mrs. Feinstein (for herself and Mrs. Capito) introduced the following + bill; which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To improve the management of driftnet fishing. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Driftnet Modernization and Bycatch +Reduction Act''. + +SEC. 2. DEFINITION. + + Section 3(25) of the Magnuson-Stevens Fishery Conservation and +Management Act (16 U.S.C. 1802(25)) is amended by inserting ``, or with +a mesh size of 14 inches or greater,'' after ``more''. + +SEC. 3. FINDINGS AND POLICY. + + (a) Findings.--Section 206(b) of the Magnuson-Stevens Fishery +Conservation and Management Act (16 U.S.C. 1826(b)) is amended-- + (1) in paragraph (6), by striking ``and'' at the end; + (2) in paragraph (7), by striking the period and inserting + ``; and''; and + (3) by adding at the end the following: + ``(8) within the exclusive economic zone, large-scale + driftnet fishing that deploys nets with large mesh sizes causes + significant entanglement and mortality of living marine + resources, including myriad protected species, despite + limitations on the lengths of such nets.''. + (b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery +Conservation and Management Act (16 U.S.C. 1826(c)) is amended-- + (1) in paragraph (2), by striking ``and'' at the end; + (2) in paragraph (3), by striking the period and inserting + ``; and''; and + (3) by adding at the end the following-- + ``(4) prioritize the phase out of large-scale driftnet + fishing in the exclusive economic zone and promote the + development and adoption of alternative fishing methods and + gear types that minimize the incidental catch of living marine + resources.''. + +SEC. 4. TRANSITION PROGRAM. + + Section 206 of the Magnuson-Stevens Fishery Conservation and +Management Act (16 U.S.C. 1826) is amended by adding at the end the +following-- + ``(i) Fishing Gear Transition Program.-- + ``(1) In general.--During the 5-year period beginning on + the date of enactment of the Driftnet Modernization and Bycatch + Reduction Act, the Secretary shall conduct a transition program + to facilitate the phase-out of large-scale driftnet fishing and + adoption of alternative fishing practices that minimize the + incidental catch of living marine resources, and shall award + grants to eligible permit holders who participate in the + program. + ``(2) Permissible uses.--Any permit holder receiving a + grant under paragraph (1) may use such funds only for the + purpose of covering-- + ``(A) any fee originally associated with a permit + authorizing participation in a large-scale driftnet + fishery, if such permit is surrendered for permanent + revocation, and such permit holder relinquishes any + claim associated with the permit; + ``(B) a forfeiture of fishing gear associated with + a permit described in subparagraph (A); or + ``(C) the purchase of alternative gear with minimal + incidental catch of living marine resources, if the + fishery participant is authorized to continue fishing + using such alternative gears. + ``(3) Certification.--The Secretary shall certify that, + with respect to each participant in the program under this + subsection, any permit authorizing participation in a large- + scale driftnet fishery has been permanently revoked and that no + new permits will be issued to authorize such fishing.''. + +SEC. 5. EXCEPTION. + + Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and +Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before +the semicolon the following: ``, unless such large-scale driftnet +fishing-- + ``(i) deploys, within the exclusive + economic zone, a net with a total length of + less than two and one-half kilometers and a + mesh size of 14 inches or greater; and + ``(ii) is conducted within 5 years of the + date of enactment of the Driftnet Modernization + and Bycatch Reduction Act''. + \ No newline at end of file From c251be07a4582dc7538208eca987346ee07e5891 Mon Sep 17 00:00:00 2001 From: "Sen. Feinstein, Dianne [D-CA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 775/984] Senate-906: Engrossed in Senate --- bills_text/Senate-906.txt | 59 ++++++++++++++++++++++++++++----------- 1 file changed, 42 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-906.txt b/bills_text/Senate-906.txt index 81381e9..fa0bcb2 100644 --- a/bills_text/Senate-906.txt +++ b/bills_text/Senate-906.txt @@ -1,24 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 906 - To improve the management of driftnet fishing. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - March 27, 2019 - - Mrs. Feinstein (for herself and Mrs. Capito) introduced the following - bill; which was read twice and referred to the Committee on Commerce, - Science, and Transportation - _______________________________________________________________________ - A BILL + AN ACT @@ -110,4 +96,43 @@ fishing-- ``(ii) is conducted within 5 years of the date of enactment of the Driftnet Modernization and Bycatch Reduction Act''. - \ No newline at end of file + +SEC. 6. FEES. + + (a) In General.--The North Pacific Fishery Management Council may +recommend, and the Secretary of Commerce may approve, regulations +necessary for the collection of fees from charter vessel operators who +guide recreational anglers who harvest Pacific halibut in International +Pacific Halibut Commission regulatory areas 2C and 3A as those terms +are defined in part 300 of title 50, Code of Federal Regulations (or +any successor regulations). + (b) Use of Fees.--Any fees collected under this section shall be +available, without appropriation or fiscal year limitation, for the +purposes of-- + (1) financing administrative costs of the Recreational + Quota Entity program; + (2) the purchase of halibut quota shares in International + Pacific Halibut Commission regulatory areas 2C and 3A by the + recreational quota entity authorized in part 679 of title 50, + Code of Federal Regulations (or any successor regulations); + (3) halibut conservation and research; and + (4) promotion of the halibut resource by the recreational + quota entity authorized in part 679 of title 50, Code of + Federal Regulations (or any successor regulations). + + Passed the Senate July 22, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 906 + +_______________________________________________________________________ + + AN ACT + + To improve the management of driftnet fishing. From 78d9e3a357d0e7bb122ea75a13500347b8bec458 Mon Sep 17 00:00:00 2001 From: "Sen. Feinstein, Dianne [D-CA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 776/984] Senate-906: Enrolled --- bills_text/Senate-906.txt | 174 +++++++++++++++++--------------------- 1 file changed, 78 insertions(+), 96 deletions(-) diff --git a/bills_text/Senate-906.txt b/bills_text/Senate-906.txt index fa0bcb2..e9ecc86 100644 --- a/bills_text/Senate-906.txt +++ b/bills_text/Senate-906.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 906 + S.906 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -12,93 +21,78 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Driftnet Modernization and Bycatch Reduction Act''. - SEC. 2. DEFINITION. - Section 3(25) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(25)) is amended by inserting ``, or with a mesh size of 14 inches or greater,'' after ``more''. - SEC. 3. FINDINGS AND POLICY. - (a) Findings.--Section 206(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(b)) is amended-- - (1) in paragraph (6), by striking ``and'' at the end; - (2) in paragraph (7), by striking the period and inserting - ``; and''; and - (3) by adding at the end the following: - ``(8) within the exclusive economic zone, large-scale - driftnet fishing that deploys nets with large mesh sizes causes - significant entanglement and mortality of living marine - resources, including myriad protected species, despite - limitations on the lengths of such nets.''. + (1) in paragraph (6), by striking ``and'' at the end; + (2) in paragraph (7), by striking the period and inserting ``; + and''; and + (3) by adding at the end the following: + ``(8) within the exclusive economic zone, large-scale driftnet + fishing that deploys nets with large mesh sizes causes significant + entanglement and mortality of living marine resources, including + myriad protected species, despite limitations on the lengths of + such nets.''. (b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(c)) is amended-- - (1) in paragraph (2), by striking ``and'' at the end; - (2) in paragraph (3), by striking the period and inserting - ``; and''; and - (3) by adding at the end the following-- - ``(4) prioritize the phase out of large-scale driftnet - fishing in the exclusive economic zone and promote the - development and adoption of alternative fishing methods and - gear types that minimize the incidental catch of living marine - resources.''. - + (1) in paragraph (2), by striking ``and'' at the end; + (2) in paragraph (3), by striking the period and inserting ``; + and''; and + (3) by adding at the end the following-- + ``(4) prioritize the phase out of large-scale driftnet fishing + in the exclusive economic zone and promote the development and + adoption of alternative fishing methods and gear types that + minimize the incidental catch of living marine resources.''. SEC. 4. TRANSITION PROGRAM. - Section 206 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826) is amended by adding at the end the following-- ``(i) Fishing Gear Transition Program.-- - ``(1) In general.--During the 5-year period beginning on - the date of enactment of the Driftnet Modernization and Bycatch - Reduction Act, the Secretary shall conduct a transition program - to facilitate the phase-out of large-scale driftnet fishing and - adoption of alternative fishing practices that minimize the - incidental catch of living marine resources, and shall award - grants to eligible permit holders who participate in the - program. - ``(2) Permissible uses.--Any permit holder receiving a - grant under paragraph (1) may use such funds only for the - purpose of covering-- - ``(A) any fee originally associated with a permit - authorizing participation in a large-scale driftnet - fishery, if such permit is surrendered for permanent - revocation, and such permit holder relinquishes any - claim associated with the permit; - ``(B) a forfeiture of fishing gear associated with - a permit described in subparagraph (A); or - ``(C) the purchase of alternative gear with minimal - incidental catch of living marine resources, if the - fishery participant is authorized to continue fishing - using such alternative gears. - ``(3) Certification.--The Secretary shall certify that, - with respect to each participant in the program under this - subsection, any permit authorizing participation in a large- - scale driftnet fishery has been permanently revoked and that no - new permits will be issued to authorize such fishing.''. - + ``(1) In general.--During the 5-year period beginning on the + date of enactment of the Driftnet Modernization and Bycatch + Reduction Act, the Secretary shall conduct a transition program to + facilitate the phase-out of large-scale driftnet fishing and + adoption of alternative fishing practices that minimize the + incidental catch of living marine resources, and shall award grants + to eligible permit holders who participate in the program. + ``(2) Permissible uses.--Any permit holder receiving a grant + under paragraph (1) may use such funds only for the purpose of + covering-- + ``(A) any fee originally associated with a permit + authorizing participation in a large-scale driftnet fishery, if + such permit is surrendered for permanent revocation, and such + permit holder relinquishes any claim associated with the + permit; + ``(B) a forfeiture of fishing gear associated with a permit + described in subparagraph (A); or + ``(C) the purchase of alternative gear with minimal + incidental catch of living marine resources, if the fishery + participant is authorized to continue fishing using such + alternative gears. + ``(3) Certification.--The Secretary shall certify that, with + respect to each participant in the program under this subsection, + any permit authorizing participation in a large-scale driftnet + fishery has been permanently revoked and that no new permits will + be issued to authorize such fishing.''. SEC. 5. EXCEPTION. - Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before the semicolon the following: ``, unless such large-scale driftnet fishing-- - ``(i) deploys, within the exclusive - economic zone, a net with a total length of - less than two and one-half kilometers and a - mesh size of 14 inches or greater; and - ``(ii) is conducted within 5 years of the - date of enactment of the Driftnet Modernization - and Bycatch Reduction Act''. - + ``(i) deploys, within the exclusive economic zone, a + net with a total length of less than two and one-half + kilometers and a mesh size of 14 inches or greater; and + ``(ii) is conducted within 5 years of the date of + enactment of the Driftnet Modernization and Bycatch + Reduction Act''. SEC. 6. FEES. - (a) In General.--The North Pacific Fishery Management Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who @@ -109,30 +103,18 @@ any successor regulations). (b) Use of Fees.--Any fees collected under this section shall be available, without appropriation or fiscal year limitation, for the purposes of-- - (1) financing administrative costs of the Recreational - Quota Entity program; - (2) the purchase of halibut quota shares in International - Pacific Halibut Commission regulatory areas 2C and 3A by the - recreational quota entity authorized in part 679 of title 50, - Code of Federal Regulations (or any successor regulations); - (3) halibut conservation and research; and - (4) promotion of the halibut resource by the recreational - quota entity authorized in part 679 of title 50, Code of - Federal Regulations (or any successor regulations). - - Passed the Senate July 22, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 906 - -_______________________________________________________________________ - - AN ACT - - To improve the management of driftnet fishing. + (1) financing administrative costs of the Recreational Quota + Entity program; + (2) the purchase of halibut quota shares in International + Pacific Halibut Commission regulatory areas 2C and 3A by the + recreational quota entity authorized in part 679 of title 50, Code + of Federal Regulations (or any successor regulations); + (3) halibut conservation and research; and + (4) promotion of the halibut resource by the recreational quota + entity authorized in part 679 of title 50, Code of Federal + Regulations (or any successor regulations). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 8e89de7a64a763c799fd9d42e90e202e318b16e2 Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 777/984] Senate-910: Introduced to Senate --- bills_text/Senate-910.txt | 316 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 316 insertions(+) create mode 100644 bills_text/Senate-910.txt diff --git a/bills_text/Senate-910.txt b/bills_text/Senate-910.txt new file mode 100644 index 0000000..6f1c762 --- /dev/null +++ b/bills_text/Senate-910.txt @@ -0,0 +1,316 @@ +116th CONGRESS + 1st Session + S. 910 + + To reauthorize and amend the National Sea Grant College Program Act, + and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 27, 2019 + +Mr. Wicker (for himself and Mr. Schatz) introduced the following bill; + which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To reauthorize and amend the National Sea Grant College Program Act, + and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Sea Grant College Program +Amendments Act of 2019''. + +SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT. + + Except as otherwise expressly provided, wherever in this Act an +amendment or repeal is expressed in terms of an amendment to, or repeal +of, a section or other provision, the reference shall be considered to +be made to a section or other provision of the National Sea Grant +College Program Act (33 U.S.C. 1121 et seq.). + +SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP. + + (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by +striking ``may'' and inserting ``shall''. + (b) Placements in Congress.--Such section is further amended-- + (1) in the first sentence, by striking ``The Secretary'' + and inserting the following: + ``(1) In general.--The Secretary''; and + (2) in paragraph (1), as designated by paragraph (1), in + the second sentence, by striking ``A fellowship'' and inserting + the following: + ``(2) Placement priorities.-- + ``(A) In general.--In each year in which the + Secretary awards a legislative fellowship under this + subsection, when considering the placement of fellows, + the Secretary shall prioritize placement of fellows in + the following: + ``(i) Positions in offices of, or with + Members on, committees of Congress that have + jurisdiction over the National Oceanic and + Atmospheric Administration. + ``(ii) Positions in offices of Members of + Congress that have a demonstrated interest in + ocean, coastal, or Great Lakes resources. + ``(B) Equitable distribution.--In placing fellows + in offices described in subparagraph (A), the Secretary + shall ensure that placements are equitably distributed + among the political parties. + ``(3) Duration.--A fellowship''. + (c) Administrative Costs.--Section 208(c) (33 U.S.C. 1127(c)) is +amended to read as follows: + ``(c) Restriction on Use of Funds.-- + ``(1) In general.--Amounts available for fellowships under + this section, including amounts accepted under section + 204(c)(4)(F) or appropriated under section 212 to implement + this section, shall be used only for award of such fellowships + and administrative costs of implementing this section. + ``(2) Limitation on administrative costs.--Not more than 3 + percent of amounts made available for fellowships under + subsection (b) may be used by a sea grant college or sea grant + institute for fringe or other necessary costs of administering + the fellowships. + ``(3) Allowable uses.--Amounts provided to a fellow under + subsection (b) may be used by the fellow for the costs of + academic travel, including travel costs relating to returning + to the home institution of higher education of the fellow to + complete degree requirements.''. + (d) Effective Date.--The amendments made by this section shall +apply with respect to the first calendar year beginning after the date +of the enactment of this Act. + (e) Sense of Congress Concerning Federal Hiring of Former +Fellows.--It is the sense of Congress that in recognition of the +competitive nature of the fellowship under section 208(b) of the +National Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the +exceptional qualifications of fellowship awardees, the Secretary of +Commerce, acting through the Under Secretary of Commerce for Oceans and +Atmosphere, should encourage participating Federal agencies to consider +opportunities for fellowship awardees at the conclusion of their +fellowships for workforce positions appropriate for their education and +experience. + +SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT + DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM. + + (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is +amended to read as follows: + ``(E) accept donations of money and, + notwithstanding section 1342 of title 31, United States + Code, of voluntary and uncompensated services;''. + (b) Priorities.--The Secretary of Commerce, acting through the +Under Secretary of Commerce for Oceans and Atmosphere, shall establish +priorities for the use of donations accepted under section 204(c)(4)(E) +of the National Sea Grant College Program Act (33 U.S.C. +1123(c)(4)(E)), and shall consider among those priorities the +possibility of expanding the Dean John A. Knauss Marine Policy +Fellowship's placement of additional fellows in relevant legislative +offices under section 208(b) of that Act (33 U.S.C. 1127(b)), in +accordance with the recommendations under subsection (c) of this +section. + (c) Report.--Not later than 180 days after the date of the +enactment of this Act, the Director of the National Sea Grant College +Program, in consultation with the National Sea Grant Advisory Board and +the Sea Grant Association, shall-- + (1) develop recommendations for the optimal use of any + donations accepted under section 204(c)(4)(E) of the National + Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and + (2) submit to Congress a report on the recommendations + developed under paragraph (1). + (d) Construction.--Nothing in this section shall be construed to +limit or otherwise affect any other amounts available for marine policy +fellowships under section 208(b) of the National Sea Grant College +Program Act (33 U.S.C. 1127(b)), including amounts-- + (1) accepted under section 204(c)(4)(F) of that Act (33 + U.S.C. 1123(c)(4)(F)); or + (2) appropriated pursuant to the authorization of + appropriations under section 212 of that Act (33 U.S.C. 1131). + +SEC. 5. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT ADVISORY + BOARD REPORT. + + Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended-- + (1) in the paragraph heading, by striking ``Biennial'' and + inserting ``Periodic''; + (2) by striking the first sentence and inserting the + following: ``The Board shall report to Congress at least once + every four years on the state of the national sea grant college + program and shall notify Congress of any significant changes to + the state of the program not later than two years after the + submission of such a report.''; and + (3) in the second sentence, by adding before the end period + the following: ``and provide a summary of research conducted + under the program''. + +SEC. 6. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE PROGRAM. + + Section 204(b) (33 U.S.C. 1123(b)) is amended, in the matter +preceding paragraph (1), by inserting ``for research, education, +extension, training, technology transfer, and public service'' after +``financial assistance''. + +SEC. 7. DESIGNATION OF NEW NATIONAL SEA GRANT COLLEGES AND SEA GRANT + INSTITUTES. + + Section 207(b) (33 U.S.C. 1126(b)) is amended-- + (1) in the subsection heading, by striking ``Existing + Designees'' and inserting ``Additional Designations''; and + (2) by striking ``Any institution'' and inserting the + following: + ``(1) Notification to congress of designations.-- + ``(A) In general.--Not less than 30 days before + designating an institution, or an association or + alliance of two or more such institutions, as a sea + grant college or sea grant institute under subsection + (a), the Secretary shall notify Congress in writing of + the proposed designation. The notification shall + include an evaluation and justification for the + designation. + ``(B) Effect of joint resolution of disapproval.-- + The Secretary may not designate an institution, or an + association or alliance of two or more such + institutions, as a sea grant college or sea grant + institute under subsection (a) if, before the end of + the 30-day period described in subparagraph (A), a + joint resolution disapproving the designation is + enacted. + ``(2) Existing designees.--Any institution''. + +SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE POLICY + FELLOWSHIP. + + (a) In General.--During fiscal year 2019 and any fiscal year +thereafter, the head of any Federal agency may appoint, without regard +to the provisions of subchapter I of chapter 33 of title 5, United +States Code, other than sections 3303 and 3328 of that title, a +qualified candidate described in subsection (b) directly to a position +with the Federal agency for which the candidate meets Office of +Personnel Management qualification standards. + (b) Dean John A. Knauss Marine Policy Fellowship.--Subsection (a) +applies with respect to a former recipient of a Dean John A. Knauss +Marine Policy Fellowship under section 208(b) of the National Sea Grant +College Program Act (33 U.S.C. 1127(b)) who-- + (1) earned a graduate or post-graduate degree in a field + related to ocean, coastal, and Great Lakes resources or policy + from an accredited institution of higher education; and + (2) successfully fulfilled the requirements of the + fellowship within the executive or legislative branch of the + United States Government. + (c) Limitation.--The direct hire authority under this section shall +be exercised with respect to a specific qualified candidate not later +than 2 years after the date that the candidate completed the fellowship +described in subsection (b). + +SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT COLLEGE + PROGRAM. + + (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended-- + (1) by amending paragraph (1) to read as follows: + ``(1) In general.--There are authorized to be appropriated + to the Secretary to carry out this title-- + ``(A) $87,520,000 for fiscal year 2020; + ``(B) $91,900,000 for fiscal year 2021; + ``(C) $96,500,000 for fiscal year 2022; + ``(D) $101,325,000 for fiscal year 2023; + ``(E) $111,710,813 for fiscal year 2024; and + ``(F) $117,296,353 for fiscal year 2025.''; and + (2) by amending paragraph (2) to read as follows: + ``(2) Priority activities for fiscal years 2020 through + 2025.--In addition to the amounts authorized to be appropriated + under paragraph (1), there are authorized to be appropriated + $6,000,000 for each of fiscal years 2020 through 2025 for + competitive grants for the following: + ``(A) University research on the biology, + prevention, and control of aquatic nonnative species. + ``(B) University research on oyster diseases, + oyster restoration, and oyster-related human health + risks. + ``(C) University research on the biology, + prevention, and forecasting of harmful algal blooms. + ``(D) University research, education, training, and + extension services and activities focused on coastal + resilience and United States working waterfronts and + other regional or national priority issues identified + in the strategic plan under section 204(c)(1). + ``(E) University research and extension on + sustainable aquaculture techniques and technologies. + ``(F) Fishery research and extension activities + conducted by sea grant colleges or sea grant institutes + to enhance, and not supplant, existing core program + funding.''. + (b) Modification of Limitations on Amounts for Administration.-- +Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read +as follows: + ``(1) Administration.-- + ``(A) In general.--There may not be used for + administration of programs under this title in a fiscal + year more than 5.5 percent of the lesser of-- + ``(i) the amount authorized to be + appropriated under this title for the fiscal + year; or + ``(ii) the amount appropriated under this + title for the fiscal year. + ``(B) Critical staffing requirements.-- + ``(i) In general.--The Director shall use + the authority under subchapter VI of chapter 33 + of title 5, United States Code, and under + section 210 of this title, to meet any critical + staffing requirement while carrying out the + activities authorized under this title. + ``(ii) Exception from cap.--For purposes of + subparagraph (A), any costs incurred as a + result of an exercise of authority as described + in clause (i) shall not be considered an amount + used for administration of programs under this + title in a fiscal year.''. + (c) Allocation of Funding.-- + (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) + is amended-- + (A) in the matter preceding subparagraph (A), by + striking ``With respect to sea grant colleges and sea + grant institutes'' and inserting ``With respect to sea + grant colleges, sea grant institutes, sea grant + programs, and sea grant projects''; and + (B) in subparagraph (B), in the matter preceding + clause (i), by striking ``funding among sea grant + colleges and sea grant institutes'' and inserting + ``funding among sea grant colleges, sea grant + institutes, sea grant programs, and sea grant + projects''. + (2) Repeal of requirements concerning distribution of + excess amounts.--Section 212 (33 U.S.C. 1131) is amended-- + (A) by striking subsection (c); and + (B) by redesignating subsections (d) and (e) as + subsections (c) and (d), respectively. + +SEC. 10. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS AND + COASTAL RESEARCH ACTIVITIES. + + Section 9 of the National Sea Grant College Program Act Amendments +of 2002 (33 U.S.C. 857-20) is repealed. + +SEC. 11. TECHNICAL CORRECTIONS. + + The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) +is amended-- + (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by + moving clause (vi) 2 ems to the right; and + (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended + by section 5, in the third sentence, by striking ``The + Secretary shall'' and inserting the following: + ``(3) Availability of resources of department of + commerce.--The Secretary shall''. + \ No newline at end of file From 9e13e06b210c605556ded0432e71ad16a445918c Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 778/984] Senate-910: Engrossed in Senate --- bills_text/Senate-910.txt | 72 +++++++++++++++------------------------ 1 file changed, 28 insertions(+), 44 deletions(-) diff --git a/bills_text/Senate-910.txt b/bills_text/Senate-910.txt index 6f1c762..033f0c2 100644 --- a/bills_text/Senate-910.txt +++ b/bills_text/Senate-910.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 910 - To reauthorize and amend the National Sea Grant College Program Act, - and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - March 27, 2019 - -Mr. Wicker (for himself and Mr. Schatz) introduced the following bill; - which was read twice and referred to the Committee on Commerce, - Science, and Transportation - _______________________________________________________________________ - A BILL + AN ACT @@ -32,7 +17,7 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sea Grant College Program -Amendments Act of 2019''. +Amendments Act of 2020''. SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT. @@ -71,28 +56,10 @@ striking ``may'' and inserting ``shall''. shall ensure that placements are equitably distributed among the political parties. ``(3) Duration.--A fellowship''. - (c) Administrative Costs.--Section 208(c) (33 U.S.C. 1127(c)) is -amended to read as follows: - ``(c) Restriction on Use of Funds.-- - ``(1) In general.--Amounts available for fellowships under - this section, including amounts accepted under section - 204(c)(4)(F) or appropriated under section 212 to implement - this section, shall be used only for award of such fellowships - and administrative costs of implementing this section. - ``(2) Limitation on administrative costs.--Not more than 3 - percent of amounts made available for fellowships under - subsection (b) may be used by a sea grant college or sea grant - institute for fringe or other necessary costs of administering - the fellowships. - ``(3) Allowable uses.--Amounts provided to a fellow under - subsection (b) may be used by the fellow for the costs of - academic travel, including travel costs relating to returning - to the home institution of higher education of the fellow to - complete degree requirements.''. - (d) Effective Date.--The amendments made by this section shall + (c) Effective Date.--The amendments made by this section shall apply with respect to the first calendar year beginning after the date of the enactment of this Act. - (e) Sense of Congress Concerning Federal Hiring of Former + (d) Sense of Congress Concerning Federal Hiring of Former Fellows.--It is the sense of Congress that in recognition of the competitive nature of the fellowship under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the @@ -224,14 +191,13 @@ SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT COLLEGE ``(A) $87,520,000 for fiscal year 2020; ``(B) $91,900,000 for fiscal year 2021; ``(C) $96,500,000 for fiscal year 2022; - ``(D) $101,325,000 for fiscal year 2023; - ``(E) $111,710,813 for fiscal year 2024; and - ``(F) $117,296,353 for fiscal year 2025.''; and + ``(D) $101,325,000 for fiscal year 2023; and + ``(E) $105,700,000 for fiscal year 2024.''; and (2) by amending paragraph (2) to read as follows: ``(2) Priority activities for fiscal years 2020 through - 2025.--In addition to the amounts authorized to be appropriated + 2024.--In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated - $6,000,000 for each of fiscal years 2020 through 2025 for + $6,000,000 for each of fiscal years 2020 through 2024 for competitive grants for the following: ``(A) University research on the biology, prevention, and control of aquatic nonnative species. @@ -313,4 +279,22 @@ is amended-- Secretary shall'' and inserting the following: ``(3) Availability of resources of department of commerce.--The Secretary shall''. - \ No newline at end of file + + Passed the Senate September 30 (legislative day, September + 29), 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 910 + +_______________________________________________________________________ + + AN ACT + + To reauthorize and amend the National Sea Grant College Program Act, + and for other purposes. From bcabb459303afd9698e67a39ca129adc451a4afd Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 779/984] Senate-910: Enrolled --- bills_text/Senate-910.txt | 383 +++++++++++++++++--------------------- 1 file changed, 172 insertions(+), 211 deletions(-) diff --git a/bills_text/Senate-910.txt b/bills_text/Senate-910.txt index 033f0c2..7f0fb08 100644 --- a/bills_text/Senate-910.txt +++ b/bills_text/Senate-910.txt @@ -1,61 +1,62 @@ -116th CONGRESS - 2d Session - S. 910 + S.910 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To reauthorize and amend the National Sea Grant College Program Act, - and for other purposes. +To reauthorize and amend the National Sea Grant College Program Act, and + for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``National Sea Grant College Program Amendments Act of 2020''. - SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT. - Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). - SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP. - (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by striking ``may'' and inserting ``shall''. (b) Placements in Congress.--Such section is further amended-- - (1) in the first sentence, by striking ``The Secretary'' - and inserting the following: - ``(1) In general.--The Secretary''; and - (2) in paragraph (1), as designated by paragraph (1), in - the second sentence, by striking ``A fellowship'' and inserting - the following: - ``(2) Placement priorities.-- - ``(A) In general.--In each year in which the - Secretary awards a legislative fellowship under this - subsection, when considering the placement of fellows, - the Secretary shall prioritize placement of fellows in - the following: - ``(i) Positions in offices of, or with - Members on, committees of Congress that have - jurisdiction over the National Oceanic and - Atmospheric Administration. - ``(ii) Positions in offices of Members of - Congress that have a demonstrated interest in - ocean, coastal, or Great Lakes resources. - ``(B) Equitable distribution.--In placing fellows - in offices described in subparagraph (A), the Secretary - shall ensure that placements are equitably distributed - among the political parties. - ``(3) Duration.--A fellowship''. + (1) in the first sentence, by striking ``The Secretary'' and + inserting the following: + ``(1) In general.--The Secretary''; and + (2) in paragraph (1), as designated by paragraph (1), in the + second sentence, by striking ``A fellowship'' and inserting the + following: + ``(2) Placement priorities.-- + ``(A) In general.--In each year in which the Secretary + awards a legislative fellowship under this subsection, when + considering the placement of fellows, the Secretary shall + prioritize placement of fellows in the following: + ``(i) Positions in offices of, or with Members on, + committees of Congress that have jurisdiction over the + National Oceanic and Atmospheric Administration. + ``(ii) Positions in offices of Members of Congress that + have a demonstrated interest in ocean, coastal, or Great + Lakes resources. + ``(B) Equitable distribution.--In placing fellows in + offices described in subparagraph (A), the Secretary shall + ensure that placements are equitably distributed among the + political parties. + ``(3) Duration.--A fellowship''. (c) Effective Date.--The amendments made by this section shall apply with respect to the first calendar year beginning after the date of the enactment of this Act. @@ -69,15 +70,13 @@ Atmosphere, should encourage participating Federal agencies to consider opportunities for fellowship awardees at the conclusion of their fellowships for workforce positions appropriate for their education and experience. - SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT - DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM. - +DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM. (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is amended to read as follows: - ``(E) accept donations of money and, - notwithstanding section 1342 of title 31, United States - Code, of voluntary and uncompensated services;''. + ``(E) accept donations of money and, notwithstanding + section 1342 of title 31, United States Code, of voluntary and + uncompensated services;''. (b) Priorities.--The Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall establish priorities for the use of donations accepted under section 204(c)(4)(E) @@ -92,74 +91,63 @@ section. enactment of this Act, the Director of the National Sea Grant College Program, in consultation with the National Sea Grant Advisory Board and the Sea Grant Association, shall-- - (1) develop recommendations for the optimal use of any - donations accepted under section 204(c)(4)(E) of the National - Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and - (2) submit to Congress a report on the recommendations - developed under paragraph (1). + (1) develop recommendations for the optimal use of any + donations accepted under section 204(c)(4)(E) of the National Sea + Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and + (2) submit to Congress a report on the recommendations + developed under paragraph (1). (d) Construction.--Nothing in this section shall be construed to limit or otherwise affect any other amounts available for marine policy fellowships under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)), including amounts-- - (1) accepted under section 204(c)(4)(F) of that Act (33 - U.S.C. 1123(c)(4)(F)); or - (2) appropriated pursuant to the authorization of - appropriations under section 212 of that Act (33 U.S.C. 1131). - + (1) accepted under section 204(c)(4)(F) of that Act (33 U.S.C. + 1123(c)(4)(F)); or + (2) appropriated pursuant to the authorization of + appropriations under section 212 of that Act (33 U.S.C. 1131). SEC. 5. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT ADVISORY - BOARD REPORT. - +BOARD REPORT. Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended-- - (1) in the paragraph heading, by striking ``Biennial'' and - inserting ``Periodic''; - (2) by striking the first sentence and inserting the - following: ``The Board shall report to Congress at least once - every four years on the state of the national sea grant college - program and shall notify Congress of any significant changes to - the state of the program not later than two years after the - submission of such a report.''; and - (3) in the second sentence, by adding before the end period - the following: ``and provide a summary of research conducted - under the program''. - + (1) in the paragraph heading, by striking ``Biennial'' and + inserting ``Periodic''; + (2) by striking the first sentence and inserting the following: + ``The Board shall report to Congress at least once every four years + on the state of the national sea grant college program and shall + notify Congress of any significant changes to the state of the + program not later than two years after the submission of such a + report.''; and + (3) in the second sentence, by adding before the end period the + following: ``and provide a summary of research conducted under the + program''. SEC. 6. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE PROGRAM. - Section 204(b) (33 U.S.C. 1123(b)) is amended, in the matter preceding paragraph (1), by inserting ``for research, education, extension, training, technology transfer, and public service'' after ``financial assistance''. - SEC. 7. DESIGNATION OF NEW NATIONAL SEA GRANT COLLEGES AND SEA GRANT - INSTITUTES. - +INSTITUTES. Section 207(b) (33 U.S.C. 1126(b)) is amended-- - (1) in the subsection heading, by striking ``Existing - Designees'' and inserting ``Additional Designations''; and - (2) by striking ``Any institution'' and inserting the - following: - ``(1) Notification to congress of designations.-- - ``(A) In general.--Not less than 30 days before - designating an institution, or an association or - alliance of two or more such institutions, as a sea - grant college or sea grant institute under subsection - (a), the Secretary shall notify Congress in writing of - the proposed designation. The notification shall - include an evaluation and justification for the - designation. - ``(B) Effect of joint resolution of disapproval.-- - The Secretary may not designate an institution, or an - association or alliance of two or more such - institutions, as a sea grant college or sea grant - institute under subsection (a) if, before the end of - the 30-day period described in subparagraph (A), a - joint resolution disapproving the designation is - enacted. - ``(2) Existing designees.--Any institution''. - + (1) in the subsection heading, by striking ``Existing + Designees'' and inserting ``Additional Designations''; and + (2) by striking ``Any institution'' and inserting the + following: + ``(1) Notification to congress of designations.-- + ``(A) In general.--Not less than 30 days before designating + an institution, or an association or alliance of two or more + such institutions, as a sea grant college or sea grant + institute under subsection (a), the Secretary shall notify + Congress in writing of the proposed designation. The + notification shall include an evaluation and justification for + the designation. + ``(B) Effect of joint resolution of disapproval.--The + Secretary may not designate an institution, or an association + or alliance of two or more such institutions, as a sea grant + college or sea grant institute under subsection (a) if, before + the end of the 30-day period described in subparagraph (A), a + joint resolution disapproving the designation is enacted. + ``(2) Existing designees.--Any institution''. SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE POLICY - FELLOWSHIP. - - (a) In General.--During fiscal year 2019 and any fiscal year +FELLOWSHIP. + (a) In General.--During fiscal year 2021 and any fiscal year thereafter, the head of any Federal agency may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a @@ -170,131 +158,104 @@ Personnel Management qualification standards. applies with respect to a former recipient of a Dean John A. Knauss Marine Policy Fellowship under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)) who-- - (1) earned a graduate or post-graduate degree in a field - related to ocean, coastal, and Great Lakes resources or policy - from an accredited institution of higher education; and - (2) successfully fulfilled the requirements of the - fellowship within the executive or legislative branch of the - United States Government. + (1) earned a graduate or post-graduate degree in a field + related to ocean, coastal, and Great Lakes resources or policy from + an accredited institution of higher education; and + (2) successfully fulfilled the requirements of the fellowship + within the executive or legislative branch of the United States + Government. (c) Limitation.--The direct hire authority under this section shall be exercised with respect to a specific qualified candidate not later than 2 years after the date that the candidate completed the fellowship described in subsection (b). - SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT COLLEGE - PROGRAM. - +PROGRAM. (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended-- - (1) by amending paragraph (1) to read as follows: - ``(1) In general.--There are authorized to be appropriated - to the Secretary to carry out this title-- - ``(A) $87,520,000 for fiscal year 2020; - ``(B) $91,900,000 for fiscal year 2021; - ``(C) $96,500,000 for fiscal year 2022; - ``(D) $101,325,000 for fiscal year 2023; and - ``(E) $105,700,000 for fiscal year 2024.''; and - (2) by amending paragraph (2) to read as follows: - ``(2) Priority activities for fiscal years 2020 through - 2024.--In addition to the amounts authorized to be appropriated - under paragraph (1), there are authorized to be appropriated - $6,000,000 for each of fiscal years 2020 through 2024 for - competitive grants for the following: - ``(A) University research on the biology, - prevention, and control of aquatic nonnative species. - ``(B) University research on oyster diseases, - oyster restoration, and oyster-related human health - risks. - ``(C) University research on the biology, - prevention, and forecasting of harmful algal blooms. - ``(D) University research, education, training, and - extension services and activities focused on coastal - resilience and United States working waterfronts and - other regional or national priority issues identified - in the strategic plan under section 204(c)(1). - ``(E) University research and extension on - sustainable aquaculture techniques and technologies. - ``(F) Fishery research and extension activities - conducted by sea grant colleges or sea grant institutes - to enhance, and not supplant, existing core program - funding.''. + (1) by amending paragraph (1) to read as follows: + ``(1) In general.--There are authorized to be appropriated to + the Secretary to carry out this title-- + ``(A) $87,520,000 for fiscal year 2021; + ``(B) $91,900,000 for fiscal year 2022; + ``(C) $96,500,000 for fiscal year 2023; + ``(D) $101,325,000 for fiscal year 2024; and + ``(E) $105,700,000 for fiscal year 2025.''; and + (2) by amending paragraph (2) to read as follows: + ``(2) Priority activities for fiscal years 2021 through 2025.-- + In addition to the amounts authorized to be appropriated under + paragraph (1), there are authorized to be appropriated $6,000,000 + for each of fiscal years 2021 through 2025 for competitive grants + for the following: + ``(A) University research on the biology, prevention, and + control of aquatic nonnative species. + ``(B) University research on oyster diseases, oyster + restoration, and oyster-related human health risks. + ``(C) University research on the biology, prevention, and + forecasting of harmful algal blooms. + ``(D) University research, education, training, and + extension services and activities focused on coastal resilience + and United States working waterfronts and other regional or + national priority issues identified in the strategic plan under + section 204(c)(1). + ``(E) University research and extension on sustainable + aquaculture techniques and technologies. + ``(F) Fishery research and extension activities conducted + by sea grant colleges or sea grant institutes to enhance, and + not supplant, existing core program funding.''. (b) Modification of Limitations on Amounts for Administration.-- Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read as follows: - ``(1) Administration.-- - ``(A) In general.--There may not be used for - administration of programs under this title in a fiscal - year more than 5.5 percent of the lesser of-- - ``(i) the amount authorized to be - appropriated under this title for the fiscal - year; or - ``(ii) the amount appropriated under this - title for the fiscal year. - ``(B) Critical staffing requirements.-- - ``(i) In general.--The Director shall use - the authority under subchapter VI of chapter 33 - of title 5, United States Code, and under - section 210 of this title, to meet any critical - staffing requirement while carrying out the - activities authorized under this title. - ``(ii) Exception from cap.--For purposes of - subparagraph (A), any costs incurred as a - result of an exercise of authority as described - in clause (i) shall not be considered an amount - used for administration of programs under this - title in a fiscal year.''. + ``(1) Administration.-- + ``(A) In general.--There may not be used for administration + of programs under this title in a fiscal year more than 5.5 + percent of the lesser of-- + ``(i) the amount authorized to be appropriated under + this title for the fiscal year; or + ``(ii) the amount appropriated under this title for the + fiscal year. + ``(B) Critical staffing requirements.-- + ``(i) In general.--The Director shall use the authority + under subchapter VI of chapter 33 of title 5, United States + Code, and under section 210 of this title, to meet any + critical staffing requirement while carrying out the + activities authorized under this title. + ``(ii) Exception from cap.--For purposes of + subparagraph (A), any costs incurred as a result of an + exercise of authority as described in clause (i) shall not + be considered an amount used for administration of programs + under this title in a fiscal year.''. (c) Allocation of Funding.-- - (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) - is amended-- - (A) in the matter preceding subparagraph (A), by - striking ``With respect to sea grant colleges and sea - grant institutes'' and inserting ``With respect to sea - grant colleges, sea grant institutes, sea grant - programs, and sea grant projects''; and - (B) in subparagraph (B), in the matter preceding - clause (i), by striking ``funding among sea grant - colleges and sea grant institutes'' and inserting - ``funding among sea grant colleges, sea grant - institutes, sea grant programs, and sea grant - projects''. - (2) Repeal of requirements concerning distribution of - excess amounts.--Section 212 (33 U.S.C. 1131) is amended-- - (A) by striking subsection (c); and - (B) by redesignating subsections (d) and (e) as - subsections (c) and (d), respectively. - -SEC. 10. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS AND - COASTAL RESEARCH ACTIVITIES. - + (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) is + amended-- + (A) in the matter preceding subparagraph (A), by striking + ``With respect to sea grant colleges and sea grant institutes'' + and inserting ``With respect to sea grant colleges, sea grant + institutes, sea grant programs, and sea grant projects''; and + (B) in subparagraph (B), in the matter preceding clause + (i), by striking ``funding among sea grant colleges and sea + grant institutes'' and inserting ``funding among sea grant + colleges, sea grant institutes, sea grant programs, and sea + grant projects''. + (2) Repeal of requirements concerning distribution of excess + amounts.--Section 212 (33 U.S.C. 1131) is amended-- + (A) by striking subsection (c); and + (B) by redesignating subsections (d) and (e) as subsections + (c) and (d), respectively. + SEC. 10. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS + AND COASTAL RESEARCH ACTIVITIES. Section 9 of the National Sea Grant College Program Act Amendments of 2002 (33 U.S.C. 857-20) is repealed. - -SEC. 11. TECHNICAL CORRECTIONS. - + SEC. 11. TECHNICAL CORRECTIONS. The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) is amended-- - (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by - moving clause (vi) 2 ems to the right; and - (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended - by section 5, in the third sentence, by striking ``The - Secretary shall'' and inserting the following: - ``(3) Availability of resources of department of - commerce.--The Secretary shall''. - - Passed the Senate September 30 (legislative day, September - 29), 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 910 - -_______________________________________________________________________ - - AN ACT - - To reauthorize and amend the National Sea Grant College Program Act, - and for other purposes. + (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by + moving clause (vi) 2 ems to the right; and + (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended by + section 5, in the third sentence, by striking ``The Secretary + shall'' and inserting the following: + ``(3) Availability of resources of department of commerce.--The + Secretary shall''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From d3df1a6a2c03e69ab484944c9986ff2a3ae2f9b9 Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 780/984] Senate-914: Introduced to Senate --- bills_text/Senate-914.txt | 1091 +++++++++++++++++++++++++++++++++++++ 1 file changed, 1091 insertions(+) create mode 100644 bills_text/Senate-914.txt diff --git a/bills_text/Senate-914.txt b/bills_text/Senate-914.txt new file mode 100644 index 0000000..2da2396 --- /dev/null +++ b/bills_text/Senate-914.txt @@ -0,0 +1,1091 @@ +116th CONGRESS + 1st Session + S. 914 + +To reauthorize the Integrated Coastal and Ocean Observation System Act +of 2009, to clarify the authority of the Administrator of the National + Oceanic and Atmospheric Administration with respect to post-storm + assessments, and to require the establishment of a National Water + Center, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 27, 2019 + + Mr. Wicker (for himself and Ms. Cantwell) introduced the following + bill; which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + +To reauthorize the Integrated Coastal and Ocean Observation System Act +of 2009, to clarify the authority of the Administrator of the National + Oceanic and Atmospheric Administration with respect to post-storm + assessments, and to require the establishment of a National Water + Center, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Coordinated Ocean +Observations and Research Act of 2019''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. + TITLE I--REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION + SYSTEM ACT OF 2009 + +Sec. 101. Purposes. +Sec. 102. Definitions. +Sec. 103. Integrated Coastal and Ocean Observation System. +Sec. 104. Financing and agreements. +Sec. 105. Reports to Congress. +Sec. 106. Public-private use policy. +Sec. 107. Repeal of independent cost estimate. +Sec. 108. Authorization of appropriations. +Sec. 109. Reports and research plans. +Sec. 110. Strategic research plan. +Sec. 111. Stakeholder input on monitoring. +Sec. 112. Research activities. + TITLE II--NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS + +Sec. 201. Named Storm Event Model and post-storm assessments. + TITLE III--WATER PREDICTION AND FORECASTING + +Sec. 301. Water prediction and forecasting. + + TITLE I--REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION + SYSTEM ACT OF 2009 + +SEC. 101. PURPOSES. + + Section 12302 of the Integrated Coastal and Ocean Observation +System Act of 2009 (33 U.S.C. 3601) is amended to read as follows: + +``SEC. 12302. PURPOSES. + + ``The purposes of this subtitle are-- + ``(1) to establish and sustain a national integrated System + of ocean, coastal, and Great Lakes observing systems, comprised + of Federal and non-Federal components coordinated at the + national level by the Council and at the regional level by a + network of regional coastal observing systems, and that + includes in situ, remote, and other coastal and ocean + observation and modeling capabilities, technologies, data + management systems, communication systems, and product + development systems, and is designed to address regional and + national needs for ocean and coastal information, to gather + specific data on key coastal, ocean, and Great Lakes variables, + and to ensure timely and sustained dissemination and + availability of these data-- + ``(A) to the public; + ``(B) to support national defense, search and + rescue operations, marine commerce, navigation safety, + weather, climate, and marine forecasting, energy siting + and production, economic development, ecosystem-based + marine, coastal, and Great Lakes resource management, + public safety, and public outreach and education; + ``(C) to promote greater public awareness and + stewardship of the Nation's ocean, coastal, and Great + Lakes resources and the general public welfare; + ``(D) to provide easy access to ocean, coastal, and + Great Lakes data and promote data sharing between + Federal and non-Federal sources and promote public data + sharing; + ``(E) to enable advances in scientific + understanding to support the sustainable use, + conservation, management, and understanding of healthy + ocean, coastal, and Great Lakes resources to ensure the + Nation can respond to opportunities to enhance food, + economic, and national security; and + ``(F) to monitor and model changes in the oceans + and Great Lakes, including with respect to chemistry, + harmful algal blooms, hypoxia, water levels, and other + phenomena; + ``(2) to improve the Nation's capability to measure, track, + observe, understand, and predict events related directly and + indirectly to weather and climate, natural climate variability, + and interactions between the oceanic and atmospheric + environments, including the Great Lakes; + ``(3) to sustain, upgrade, and modernize the Nation's ocean + and Great Lakes observing infrastructure to detect changes and + ensure delivery of reliable and timely information; and + ``(4) to authorize activities-- + ``(A) to promote basic and applied research to + develop, test, and deploy innovations and improvements + in coastal and ocean observation technologies, + including advanced observing technologies such as + unmanned maritime systems needed to address critical + data gaps, modeling systems, other scientific and + technological capabilities to improve the understanding + of weather and climate, ocean-atmosphere dynamics, + global climate change, and the physical, chemical, and + biological dynamics of the ocean, coastal and Great + Lakes environments; and + ``(B) to conserve healthy and restore degraded + coastal ecosystems.''. + +SEC. 102. DEFINITIONS. + + Section 12303 of the Integrated Coastal and Ocean Observation +System Act of 2009 (33 U.S.C. 3602) is amended-- + (1) in paragraph (2), by striking ``section 7902'' and + inserting ``section 8932''; + (2) in paragraph (5), by striking ``integrated into the + System and are managed through States, regional organizations, + universities, nongovernmental organizations, or the private + sector'' and inserting ``managed through States, regional + organizations, universities, nongovernmental organizations, or + the private sector and integrated into the System by a regional + coastal ocean observing system, the National Oceanic and + Atmospheric Administration, or the agencies participating in + the Interagency Ocean Observation Committee''; + (3) by amending paragraph (6) to read as follows: + ``(6) Regional coastal observing system.--The term + `regional coastal observing system' means an organizational + body that is certified or established by contract or memorandum + by the lead Federal agency designated in section 12304(c)(3) + and coordinates State, Federal, local, tribal, and private + interests at a regional level with the responsibility of + engaging the private and public sectors in designing, + operating, and improving regional coastal and ocean observing + systems in order to ensure the provision of data and + information that meet the needs of user groups from the + respective regions.''; and + (4) in paragraph (7), by striking ``National Oceanic and + Atmospheric Administration'' and inserting ``Administrator''. + +SEC. 103. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM. + + (a) System Elements.-- + (1) In general.--Section 12304(b) of the Integrated Coastal + and Ocean Observation System Act of 2009 (33 U.S.C. 3603(b)) is + amended by striking paragraph (1) and inserting the following: + ``(1) In general.--In order to fulfill the purposes of this + subtitle, the System shall be national in scope and consist + of-- + ``(A) Federal assets to fulfill national and + international observation missions and priorities; + ``(B) non-Federal assets, including a network of + regional coastal observing systems identified under + subsection (c)(4), to fulfill regional and national + observation missions and priorities; + ``(C) observing, modeling, data management, and + communication systems for the timely integration and + dissemination of data and information products from the + System, including reviews of data collection procedures + across regions and programs to make recommendations for + data collection standards across the System to meet + national ocean, coastal, and Great Lakes observation, + applied research, and weather forecasting needs; + ``(D) a product development system to transform + observations into products in a format that may be + readily used and understood; and + ``(E) a research and development program conducted + under the guidance of the Council, consisting of-- + ``(i) basic and applied research and + technology development-- + ``(I) to improve understanding of + coastal and ocean systems and their + relationships to human activities; and + ``(II) to ensure improvement of + operational assets and products, + including related infrastructure, + observing technologies such as unmanned + maritime systems, and information and + data processing and management + technologies; + ``(ii) an advanced observing technology + development program to fill gaps in technology; + ``(iii) large scale computing resources and + research to advance modeling of coastal, ocean, + and Great Lakes processes; + ``(iv) models to improve regional weather + forecasting capabilities and regional weather + forecasting products; and + ``(v) reviews of data collection procedures + across regions and programs to make + recommendations for data collection standards + across the System to meet national ocean, + coastal, and Great Lakes observation, applied + research, and weather forecasting needs.''. + (2) Availability of data.--Section 12304(b)(3) of such Act + (33 U.S.C. 3603(b)(3)) is amended by inserting ``for research + and for use in the development of products to address societal + needs'' before the period at the end. + (b) Policy Oversight, Administration, and Regional Coordination.-- +Section 12304(c) of the Integrated Coastal and Ocean Observation System +Act of 2009 (33 U.S.C. 3603(c)) is amended by striking paragraphs (2), +(3), and (4), and inserting the following: + ``(2) Interagency ocean observation committee.-- + ``(A) Establishment.--The Council shall establish + or designate a committee, which shall be known as the + Interagency Ocean Observation Committee. + ``(B) Duties.--The Interagency Ocean Observation + Committee shall-- + ``(i) prepare annual and long-term plans + for consideration and approval by the Council + for the integrated design, operation, + maintenance, enhancement, and expansion of the + System to meet the objectives of this subtitle + and the System Plan; + ``(ii) develop and transmit to Congress, + along with the budget submitted by the + President to Congress pursuant to section + 1105(a) of title 31, United States Code, an + annual coordinated, comprehensive budget-- + ``(I) to operate all elements of + the System identified in subsection + (b); and + ``(II) to ensure continuity of data + streams from Federal and non-Federal + assets; + ``(iii) establish requirements for + observation data variables to be gathered by + both Federal and non-Federal assets and + identify, in consultation with regional coastal + observing systems, priorities for System + observations; + ``(iv) establish and define protocols and + standards for System data processing, + management, collection, configuration + standards, formats, and communication for new + and existing assets throughout the System + network; + ``(v) develop contract requirements for + each regional coastal observing system-- + ``(I) to establish eligibility for + integration into the System; + ``(II) to ensure compliance with + all applicable standards and protocols + established by the Council; and + ``(III) to ensure that regional + observations are integrated into the + System on a sustained basis; + ``(vi) identify gaps in observation + coverage or needs for capital improvements of + both Federal assets and non-Federal assets; + ``(vii) subject to the availability of + appropriations, establish through 1 or more + Federal agencies participating in the + Interagency Ocean Observation Committee, in + consultation with the System advisory committee + established under subsection (d), a competitive + matching grant or other programs-- + ``(I) to promote intramural and + extramural research and development of + new, innovative, and emerging + observation technologies including + testing and field trials; and + ``(II) to facilitate the migration + of new, innovative, and emerging + scientific and technological advances + from research and development to + operational deployment; + ``(viii) periodically-- + ``(I) review the System Plan; and + ``(II) submit to the Council such + recommendations as the Interagency + Ocean Observation Committee may have + for improvements to the System Plan; + ``(ix) ensure collaboration among Federal + agencies participating in the Interagency Ocean + Observation Committee; and + ``(x) perform such additional duties as the + Council may delegate. + ``(3) Lead federal agency.-- + ``(A) In general.--The National Oceanic and + Atmospheric Administration shall function as the lead + Federal agency for the implementation and + administration of the System. + ``(B) Consultation required.--In carrying out this + paragraph, the Administrator shall consult with the + Council, the Interagency Ocean Observation Committee, + other Federal agencies that maintain portions of the + System, and the regional coastal observing systems. + ``(C) Requirements.--In carrying out this + paragraph, the Administrator shall-- + ``(i) establish and operate an Integrated + Ocean Observing System Program Office within + the National Oceanic and Atmospheric + Administration that-- + ``(I) utilizes, to the extent + necessary, personnel from Federal + agencies participating in the + Interagency Ocean Observation + Committee; and + ``(II) oversees daily operations + and coordination of the System; + ``(ii) implement policies, protocols, and + standards approved by the Council and delegated + by the Interagency Ocean Observation Committee; + ``(iii) promulgate program guidelines-- + ``(I) to certify and integrate + regional associations into the System; + and + ``(II) to provide regional coastal + and ocean observation data that meet + the needs of user groups from the + respective regions; + ``(iv) have the authority to enter into and + oversee contracts, leases, grants, or + cooperative agreements with non-Federal assets, + including regional coastal observing systems, + to support the purposes of this subtitle on + such terms as the Administrator deems + appropriate; + ``(v) implement and maintain a merit-based, + competitive funding process to support non- + Federal assets, including the development and + maintenance of a national network of regional + coastal observing systems, and develop and + implement a process for the periodic review and + evaluation of the regional associations; + ``(vi) provide opportunities for + competitive contracts and grants for + demonstration projects to design, develop, + integrate, deploy, maintain, and support + components of the System; + ``(vii) establish and maintain efficient + and effective administrative procedures for the + timely allocation of funds among contractors, + grantees, and non-Federal assets, including + regional coastal observing systems; + ``(viii) develop and implement a process + for the periodic review and evaluation of the + regional coastal observing systems; + ``(ix) formulate an annual process by which + gaps in observation coverage or needs for + capital improvements of Federal assets and non- + Federal assets of the System are-- + ``(I) identified by the regional + associations described in the System + plan, the Administrator, or other + members of the System; and + ``(II) submitted to the Interagency + Ocean Observation Committee; + ``(x) develop and be responsible for a data + management and communication system, in + accordance with standards and protocols + established by the Interagency Ocean + Observation Committee, by which all data + collected by the System regarding ocean and + coastal waters of the United States including + the Great Lakes, are processed, stored, + integrated, and made available to all end-user + communities; + ``(xi) not less frequently than once each + year, submit to the Interagency Ocean + Observation Committee a report on the + accomplishments, operational needs, and + performance of the System to contribute to the + annual and long-term plans prepared pursuant to + paragraph (2)(B)(i); + ``(xii) develop and periodically update a + plan to efficiently integrate into the System + new, innovative, or emerging technologies that + have been demonstrated to be useful to the + System and which will fulfill the purposes of + this subtitle and the System Plan; and + ``(xiii) work with users and regional + associations to develop products to enable + real-time data sharing for decision makers, + including with respect to weather forecasting + and modeling, search and rescue operations, + corrosive seawater forecasts, water quality + monitoring and communication, and harmful algal + bloom forecasting. + ``(4) Regional coastal observing systems.-- + ``(A) In general.--A regional coastal observing + system described in the System Plan as a regional + association may not be certified or established under + this subtitle unless it-- + ``(i) has been or shall be certified or + established by contract or agreement by the + Administrator; + ``(ii) meets-- + ``(I) the certification standards + and compliance procedure guidelines + issued by the Administrator; and + ``(II) the information needs of + user groups in the region while + adhering to national standards; + ``(iii) demonstrates an organizational + structure, that under funding limitations is + capable of-- + ``(I) gathering required System + observation data; + ``(II) supporting and integrating + all aspects of coastal and ocean + observing and information programs + within a region; and + ``(III) reflecting the needs of + State, local, and tribal governments, + commercial interests, and other users + and beneficiaries of the System and + other requirements specified under this + subtitle and the System Plan; + ``(iv) identifies-- + ``(I) gaps in observation coverage + needs for capital improvements of + Federal assets and non-Federal assets + of the System; and + ``(II) other recommendations to + assist in the development of the annual + and long-term plans prepared pursuant + to paragraph (2)(B)(i) and transmits + such information to the Interagency + Ocean Observation Committee through the + Program Office established under + paragraph (3)(C)(i); + ``(v) develops and operates under a + strategic plan that will ensure the efficient + and effective administration of programs and + assets to support daily data observations for + integration into the System, pursuant to the + standards approved by the Council; + ``(vi) works cooperatively with + governmental and nongovernmental entities at + all levels to identify and provide information + products of the System for multiple users + within the service area of the regional coastal + observing system; and + ``(vii) complies with all financial + oversight requirements established by the + Administrator, including requirements relating + to audits. + ``(B) Participation.--For the purposes of this + subtitle, employees of Federal agencies are permitted + to be members of the governing body for the regional + coastal observing systems and may participate in the + functions of the regional coastal ocean observing + systems.''. + (c) System Advisory Committee.--Section 12304(d) of the Integrated +Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(d)) is +amended-- + (1) in paragraph (1), by striking ``or the Interagency + Ocean Observing Committee.'' and inserting ``or the Council + under this subtitle''; and + (2) in paragraph (2)-- + (A) in subparagraph (A), by inserting ``, data + sharing,'' after ``data management''; + (B) in subparagraph (C), by striking ``and'' at the + end; + (C) by striking subparagraph (D) and inserting the + following: + ``(D) additional priorities, including-- + ``(i) a national surface current mapping + network designed to improve fine scale sea + surface mapping using high frequency radar + technology and other emerging technologies to + address national priorities, including Coast + Guard search and rescue operation planning and + harmful algal bloom forecasting and detection + that-- + ``(I) is comprised of existing high + frequency radar and other sea surface + current mapping infrastructure operated + by national programs and regional + coastal observing systems; + ``(II) incorporates new high + frequency radar assets or other fine + scale sea surface mapping technology + assets, and other assets needed to fill + gaps in coverage on United States + coastlines; and + ``(III) follows a deployment plan + that prioritizes closing gaps in high + frequency radar infrastructure in the + United States, starting with areas + demonstrating significant sea surface + current data needs, especially in areas + where additional data will improve + Coast Guard search and rescue models; + ``(ii) fleet acquisition for unmanned + maritime systems for deployment and data + integration to fulfill the purposes of this + subtitle; + ``(iii) an integrative survey program for + application of unmanned maritime systems to the + real-time or near real-time collection and + transmission of sea floor, water column, and + sea surface data on biology, chemistry, + geology, physics, and hydrography; + ``(iv) remote sensing and data assimilation + to develop new analytical methodologies to + assimilate data from the System into + hydrodynamic models; + ``(v) integrated, multi-State monitoring to + assess sources, movement, and fate of sediments + in coastal regions; and + ``(vi) a multi-region marine sound + monitoring system to be-- + ``(I) planned in consultation with + the Interagency Ocean Observation + Committee, the National Oceanic and + Atmospheric Administration, the + Department of the Navy, and academic + research institutions; and + ``(II) developed, installed, and + operated in coordination with the + National Oceanic and Atmospheric + Administration, the Department of the + Navy, and academic research + institutions; and + ``(E) any other purpose identified by the + Administrator or the Council.''; + (D) in paragraph (3)(B), by inserting ``The + Administrator may stagger the terms of the System + advisory committee members.'' before ``Members''; and + (E) in paragraph (4)-- + (i) in subparagraph (A), by striking ``and + the Interagency Ocean Observing Committee''; + and + (ii) in subparagraph (C), by striking + ``Observing'' and inserting ``Observation''. + (d) Civil Liability.--Section 12304(e) of the Integrated Coastal +and Ocean Observation System Act of 2009 (33 U.S.C. 3603(e)) is +amended-- + (1) by striking ``information coordination entity'' each + place it appears and inserting ``coastal observing system''; + and + (2) by striking ``contract, lease, grant, or cooperative + agreement under subsection (c)(3)(D)'' and inserting ``a + memorandum of agreement of certification under subsection + (c)(3)(C)(iii)''. + (e) Conforming Amendments.--The Integrated Coastal and Ocean +Observation System Act of 2009 (33 U.S.C. 3601 et seq.) is amended by +striking ``regional information coordination entities'' each place it +appears and inserting ``regional ocean observing systems''. + +SEC. 104. FINANCING AND AGREEMENTS. + + Section 12305(a) of the Integrated Coastal and Ocean Observation +System Act of 2009 (33 U.S.C. 3604(a)) is amended to read as follows: + ``(a) In General.--The Secretary of Commerce may execute an +agreement, on a reimbursable or nonreimbursable basis, with any State +or subdivision thereof, any Federal agency, any public or private +organization, or any individual to carry out activities under this +subtitle.''. + +SEC. 105. REPORTS TO CONGRESS. + + Section 12307 of the Integrated Coastal and Ocean Observation +System Act of 2009 (33 U.S.C. 3606) is amended to read as follows: + +``SEC. 12307. REPORT TO CONGRESS. + + ``(a) Requirement.--Not later than 2 years after March 30, 2020, +and every 5 years thereafter, the Administrator shall prepare, and the +President acting through the Council shall approve and transmit to +Congress, a report on progress made in implementing this subtitle. + ``(b) Contents.--Each report required under subsection (a) shall +include-- + ``(1) a description of activities carried out under this + subtitle and the System Plan; + ``(2) an evaluation of the effectiveness of the System, + including an evaluation of progress made by the Council to + achieve the goals identified under the System Plan; + ``(3) the identification of Federal and non-Federal assets + as determined by the Council that have been integrated into the + System, including assets essential to the gathering of required + observation data variables necessary to meet the respective + missions of Council agencies; + ``(4) a review of procurements, planned or initiated, by + each department or agency represented on the Council to + enhance, expand, or modernize the observation capabilities and + data products provided by the System, including data management + and communication subsystems; + ``(5) a summary of the existing gaps in observation + infrastructure and monitoring data collection, including-- + ``(A) priorities considered by the System advisory + committee; + ``(B) the national sea surface current mapping + network; + ``(C) coastal buoys; + ``(D) ocean chemistry monitoring; + ``(E) marine sound monitoring; and + ``(F) unmanned maritime systems technology gaps; + ``(6) an assessment regarding activities to integrate + Federal and non-Federal assets, nationally and on the regional + level, and discussion of the performance and effectiveness of + regional coastal observing systems to coordinate regional + observation operations; + ``(7) a description of benefits of the program to users of + data products resulting from the System (including the general + public, industries, scientists, resource managers, emergency + responders, policy makers, and educators); + ``(8) recommendations concerning-- + ``(A) modifications to the System; and + ``(B) funding levels for the System in subsequent + fiscal years; and + ``(9) the results of a periodic external independent + programmatic audit of the System.''. + +SEC. 106. PUBLIC-PRIVATE USE POLICY. + + Section 12308 of the Integrated Coastal and Ocean Observation +System Act of 2009 (33 U.S.C. 3607) is amended to read as follows: + +``SEC. 12308. PUBLIC-PRIVATE USE POLICY. + + ``The Council shall maintain a policy that defines processes for +making decisions about the roles of the Federal Government, the States, +regional coastal observing systems, the academic community, and the +private sector in providing to end-user communities environmental +information, products, technologies, and services related to the +System. The Administrator shall ensure that National Oceanic and +Atmospheric Administration adheres to the decision making process +developed by the Council regarding the roles of the Federal Government, +the States, the regional coastal observing systems, the academic +community, and the private sector in providing end-user communities +environmental information, data products, technologies, and services +related to the System.''. + +SEC. 107. REPEAL OF INDEPENDENT COST ESTIMATE. + + (a) In General.--The Integrated Coastal and Ocean Observation +System Act of 2009 (33 U.S.C. 3601 et seq.) is amended by striking +section 12309 (33 U.S.C. 3608). + (b) Table of Contents Amendment.--The table of contents in section +1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111- +11; 123 Stat. 991) is amended by striking the item related to section +12309. + +SEC. 108. AUTHORIZATION OF APPROPRIATIONS. + + Section 12311 of the Integrated Coastal and Ocean Observation +System Act of 2009 (33 U.S.C. 3610) is amended to read as follows: + +``SEC. 12311. AUTHORIZATION OF APPROPRIATIONS. + + ``To fulfill the purposes set forth in section 12302 and to support +activities identified in the annual coordinated System budget developed +by the Interagency Ocean Observation Committee, there are authorized to +be appropriated to the Secretary of Commerce-- + ``(1) $54,900,000 for fiscal year 2020; + ``(2) $61,600,000 for fiscal year 2021; + ``(3) $68,300,000 for fiscal year 2022; + ``(4) $75,000,000 for fiscal year 2023; and + ``(5) $81,700,000 for fiscal year 2024.''. + +SEC. 109. REPORTS AND RESEARCH PLANS. + + Section 12404(c) of the Federal Ocean Acidification Research And +Monitoring Act of 2009 (33 U.S.C. 3703(c)) is amended by adding at the +end the following: + ``(4) Economic vulnerability report.-- + ``(A) In general.--Not later than 2 years after the + date of the enactment of the Coordinated Ocean + Monitoring and Research Act, and every 6 years + thereafter, the Subcommittee shall transmit to the + appropriate committees of Congress a report that-- + ``(i) is named the `Ocean Chemistry Coastal + Community Vulnerability Assessment'; + ``(ii) identifies gaps in ocean + acidification monitoring by public, academic, + and private assets in the network of regional + coastal observing systems; + ``(iii) identifies geographic areas which + have gaps in ocean acidification research; + ``(iv) identifies United States coastal + communities, including fishing communities, + low-population rural communities, tribal and + subsistence communities, and island + communities, that may be impacted by ocean + acidification; + ``(v) identifies impacts of changing ocean + carbonate chemistry on the communities + described in clause (iv), including impacts + from changes in ocean and coastal marine + resources that are not managed by the Federal + Government; + ``(vi) identifies gaps in understanding of + the impacts of ocean acidification on + economically or commercially important species, + particularly those which support United States + commercial, recreational, and tribal fisheries + and aquaculture; + ``(vii) identifies habitats that may be + particularly vulnerable to corrosive sea water, + including areas experiencing multiple stressors + such as hypoxia, sedimentation, and harmful + algal blooms; + ``(viii) identifies areas in which existing + National Integrated Coastal and Ocean + Observation System assets, including unmanned + maritime systems, may be leveraged as platforms + for the deployment of new sensors or other + applicable observing technologies; and + ``(ix) is written in collaboration with the + agencies responsible for carrying out this + subtitle. + ``(B) Form of report.-- + ``(i) Initial report.--The initial report + required under subparagraph (A) shall include + the information described in clauses (i) + through (ix) on a national level. + ``(ii) Subsequent reports.--Each report + required under subparagraph (A) after the + initial report-- + ``(I) may describe the information + described in clauses (i) through (ix) + on a national level; or + ``(II) may consist of separate + reports for each region of the National + Oceanic and Atmospheric Administration. + ``(iii) Regional reports.--If the + Subcommittee opts to prepare a report required + under subparagraph (A) as separate regional + reports under clause (ii)(II), the Subcommittee + shall submit a report for each region of the + National Oceanic and Atmospheric Administration + not less frequently than once during each 6- + year reporting period. + ``(C) Appropriate committees of congress defined.-- + In this paragraph and in paragraph (5), the term + `appropriate committees of Congress' means the + Committee on Commerce, Science, and Transportation of + the Senate, the Committee on Science, Space, and + Technology of the House of Representatives, and the + Committee on Natural Resources of the House of + Representatives. + ``(5) Monitoring prioritization plan.--Not later than 180 + days after the date of the submission of the initial report + under paragraph (4)(A), the Subcommittee shall transmit to the + appropriate committees of Congress a report that develops a + plan to deploy new sensors or other applicable observing + technologies such as unmanned maritime systems-- + ``(A) based on such initial report; + ``(B) prioritized by-- + ``(i) the threat to coastal economies and + ecosystems; + ``(ii) gaps in data; and + ``(iii) research needs; and + ``(C) that leverage existing platforms, where + possible.''. + +SEC. 110. STRATEGIC RESEARCH PLAN. + + (a) Contents.--Section 12405(b) of the Federal Ocean Acidification +Research And Monitoring Act of 2009 (33 U.S.C. 3704(b)) is amended-- + (1) in paragraph (8), by striking ``and'' at the end; + (2) in paragraph (9), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(10) make recommendations for research to be conducted, + including in the social sciences and economics, to address the + key knowledge gaps identified in the Ocean Chemistry Coastal + Community Vulnerability Assessment conducted under section + 12404(c)(4).''. + (b) Program Elements.--Section 12405(c) of the Federal Ocean +Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(c)) +is amended by adding at the end the following: + ``(6) Research to understand the combined impact of changes + in ocean chemistry and other stressors, including sediment + delivery, hypoxia, and harmful algal blooms, on each other and + on living marine resources, including aquaculture and coastal + ecosystems. + ``(7) Applied research to identify adaptation strategies + for species impacted by changes in ocean chemistry including + vegetation-based systems, shell recycling, species and genetic + diversity, applied technologies, aquaculture methodologies, and + management recommendations.''. + (c) Revised Strategic Research Plan.--Not later than one year after +the date of the enactment of this Act, the Joint Subcommittee on Ocean +Science and Technology of the National Science and Technology Council +shall submit to Congress a revised strategic research plan under +section 12405 of the Federal Ocean Acidification Research And +Monitoring Act of 2009 (33 U.S.C. 3704) that includes the matters +required by the amendments made by this section. + +SEC. 111. STAKEHOLDER INPUT ON MONITORING. + + Section 12406(a) of the Federal Ocean Acidification Research And +Monitoring Act of 2009 (33 U.S.C. 3705(a)) is amended-- + (1) in paragraph (2), by striking ``and'' at the end; + (2) in paragraph (3), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(4) includes an ongoing mechanism that allows industry, + coastal stakeholders, fishery management councils and + commissions, non-Federal resource managers, and scientific + experts to provide input on monitoring needs that are necessary + to support on the ground management, decision making, and + adaptation related to ocean acidification.''. + +SEC. 112. RESEARCH ACTIVITIES. + + Section 12407(a) of the Federal Ocean Acidification Research And +Monitoring Act of 2009 (33 U.S.C. 3706(a)) is amended to read as +follows: + ``(a) Research Activities.--The Director of the National Science +Foundation shall continue to carry out research activities on ocean +acidification which shall support competitive, merit-based, peer- +reviewed proposals for research, observation, and monitoring of ocean +acidification and its impacts, including-- + ``(1) impacts on marine organisms, including species + cultured for aquaculture, and marine ecosystems; + ``(2) impacts on ocean, coastal, and estuarine + biogeochemistry; + ``(3) the development of methodologies and technologies to + evaluate ocean acidification and its impacts; and + ``(4) impacts of multiple stressors on ecosystems + exhibiting hypoxia, harmful algal blooms, or sediment delivery, + combined with changes in ocean chemistry.''. + + TITLE II--NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS + +SEC. 201. NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS. + + (a) Amendments to the Omnibus Public Land Management Act of 2009.-- +Section 12312 of the Omnibus Public Land Management Act of 2009 (33 +U.S.C. 3611) is amended-- + (1) in subsection (a)-- + (A) in paragraph (2), by striking the period at the + end and inserting the following: ``, except that the + term shall not apply with respect to a State or + territory that has an operational wind and flood loss + allocation system.''; + (B) in paragraph (6), by inserting ``sustained'' + before ``winds''; and + (C) in paragraph (7), by striking ``that threaten + any portion of a coastal State'' and inserting ``for + which post-storm assessments are conducted''; + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) in subparagraph (A)-- + (I) by striking ``540 days after + the date of the enactment of the + Consumer Option for an Alternative + System to Allocate Losses Act of 2012'' + and inserting ``December 31, 2019''; + and + (II) by striking ``by regulation''; + (ii) in subparagraph (B), by striking + ``every'' and inserting ``an''; and + (iii) by adding at the end the following: + ``(C) Public review.--The Administrator shall seek + input and suggestions from the public before the Named + Storm Event Model, or any modification to the Named + Storm Event Model, takes effect.''; and + (B) in paragraph (2)-- + (i) by redesignating subparagraphs (B) and + (C) as subparagraphs (D) and (E), respectively; + (ii) by inserting after subparagraph (A) + the following: + ``(B) Data collection.-- + ``(i) In general.--Upon identification of a + named storm under subparagraph (A), and + pursuant to the protocol established under + subsection (c), the Administrator may deploy + sensors to enhance the collection of covered + data in the areas in coastal States that the + Administrator determines are at the highest + risk of experiencing geophysical events that + would cause indeterminate losses. + ``(ii) Rule of construction.--If the + Administrator takes action under clause (i), + that action may not be construed as indicating + that a post-storm assessment will be developed + for any coastal State in which that action is + taken. + ``(C) Identification of indeterminate losses in + coastal states.--Not later than 30 days after the first + date on which sustained winds of not less than 39 miles + per hour are measured in a coastal State during a named + storm identified under subparagraph (A), the Secretary + of Homeland Security shall notify the Administrator + with respect to the existence of any indeterminate + losses in that coastal State resulting from that named + storm.''; + (iii) in subparagraph (D), as so + redesignated-- + (I) by striking ``identification of + a named storm under subparagraph (A)'' + and inserting ``confirmation of + indeterminate losses identified under + subparagraph (C) with respect to a + named storm''; and + (II) by striking ``assessment for + such named storm'' and inserting + ``assessment for each coastal State + that suffered such indeterminate losses + as a result of the named storm''; + (iv) in subparagraph (E), as so + redesignated-- + (I) by striking ``an identification + of a named storm is made under + subparagraph (A)'' and inserting ``any + indeterminate losses are identified + under subparagraph (C)''; and + (II) by striking ``for such storm + under subparagraph (B)'' and inserting + ``under subparagraph (D) for any + coastal State that suffered such + indeterminate losses''; and + (v) by adding at the end the following: + ``(F) Separate post-storm assessments for a single + named storm.-- + ``(i) In general.--The Administrator may + conduct a separate post-storm assessment for + each coastal State in which indeterminate + losses are identified under subparagraph (C). + ``(ii) Timeline.--If the Administrator + conducts a separate post-storm assessment under + clause (i), the Administrator shall complete + the assessment based on the dates of actions + that the Administrator takes under + subparagraphs (C) and (D).''; and + (3) in subsection (c)-- + (A) in paragraph (1), by striking ``540 days after + the date of the enactment of the Consumer Option for an + Alternative System to Allocate Losses Act of 2012'' and + inserting ``December 31, 2019''; + (B) in paragraph (2), by inserting ``, in the + discretion of the Administrator,'' after ``of sensors + as may''; and + (C) in paragraph (4)(B), by inserting ``and + expend'' after ``receive''. + (b) Amendments to the National Flood Insurance Act of 1968.-- +Section 1337 of the National Flood Insurance Act of 1968 (42 U.S.C. +4057) is amended-- + (1) in subsection (a)-- + (A) in paragraph (3), by striking the period at the + end and inserting the following: ``, except that the + term shall not apply with respect to a State or + territory that has an operational wind and flood loss + allocation system.''; and + (B) in paragraph (5), by inserting ``sustained'' + after ``maximum''; + (2) in subsection (b)-- + (A) in paragraph (1), by striking ``establish by + rule'' and inserting ``publish for comment in the + Federal Register''; and + (B) in paragraph (2)(B), by inserting after + ``Elevation Certificate'' the following: ``, or other + data or information used to determine a property's + current risk of flood, as determined by the + Administrator,''; + (3) in subsection (c)(3)(A)(i), by striking ``the issuance + of the rule establishing the COASTAL Formula'' and inserting + ``publication of the COASTAL Formula in the Federal Register as + required by subsection (b)(1)''; + (4) in subsection (h)-- + (A) by inserting ``that issues a standard flood + insurance policy under the national flood insurance + program'' after ``company''; and + (B) by striking ``or the COASTAL Formula'' and + inserting ``, the COASTAL Formula, or any other loss + allocation or post-storm assessment arising under the + laws or ordinances of any State''; + (5) in subsection (i), by striking ``after the date on + which the Administrator issues the rule establishing the + COASTAL Formula under subsection (b)'' and inserting ``60 days + after publication of the COASTAL Formula in the Federal + Register as required by subsection (b)(1)''; and + (6) by adding at the end the following: + ``(k) Rule of Construction.--Nothing in this section shall be +construed to create a cause of action under this Act.''. + + TITLE III--WATER PREDICTION AND FORECASTING + +SEC. 301. WATER PREDICTION AND FORECASTING. + + (a) National Water Center.-- + (1) Establishment.-- + (A) In general.--The Under Secretary of Commerce + for Oceans and Atmosphere shall establish a center-- + (i) to serve as the research and + operational center of excellence for hydrologic + analyses, forecasting, and related decision + support services within the National Oceanic + and Atmospheric Administration and the National + Weather Service; and + (ii) to facilitate collaboration across + Federal and State departments and agencies, + academia, and the private sector on matters + relating to water resources. + (B) Designation.--The center established under + subparagraph (A) shall be known as the ``National Water + Center''. + (2) Functions.--The functions of the National Water Center + shall include the following: + (A) Improving understanding of water resources, + stakeholder needs regarding water resources, and + identifying science and services gaps relating to water + resources. + (B) Developing and implementing advanced water + resources modeling capabilities. + (C) Facilitating the transition of hydrologic + research into operations. + (D) Delivering analyses, forecasts, and inundation + information and guidance for all hydrologic events in + the United States, including flash flooding, riverine + flooding, and water resources outlooks. + (E) In coordination with warning coordination + meteorologists, providing decision-support services to + inform emergency management and water resources + decisions. + (b) National Instructions.-- + (1) In general.--Not later than one year after the date of + the enactment of this Act, the Under Secretary, acting through + the Director of the National Weather Service, shall make public + an operations and services policy directive for the National + Water Center. + (2) Contents.--The directive required by paragraph (1) + shall include national instructions to perform the functions of + the National Water Center, including the following: + (A) Operational staff responsibilities. + (B) Guidelines for content, format, and provision + of hydrologic and inundation products developed by the + National Water Center. + (C) Procedures for cooperation and coordination + between the National Water Center, the National Weather + Service National Centers for Environmental Prediction, + National Weather Service River Forecast Centers, and + National Weather Service Weather Forecast Offices. + (c) Total Water Prediction.--The Under Secretary, acting through +the Director of the Office of Water Prediction of the National Weather +Service, shall-- + (1) initiate and lead research and development activities + to develop operational water resource prediction and related + decision support products; + (2) collaborate with, and provide decision support + regarding total water prediction to-- + (A) the relevant Federal agencies represented on + the National Science and Technology Council, Committee + on Environment, Natural Resources, and Sustainability + and the Subcommittee on Disaster Reduction; + (B) State water resource agencies; and + (C) State and local emergency management agencies; + and + (3) in carrying out the responsibilities described in + paragraphs (1) and (2), collaboratively develop capabilities + necessary for total water predictive capacity, including + observations, modeling, data management, supercomputing, social + science, and communications. + (d) Authorization of Appropriations.--There are authorized to be +appropriated to carry out the activities under this section amounts as +follows: + (1) $44,000,000 for fiscal year 2020. + (2) $44,500,000 for fiscal year 2021. + (3) $45,000,000 for fiscal year 2022. + (4) $45,500,000 for fiscal year 2023. + (5) $46,000,000 for fiscal year 2024. + (e) Derivation of Funds.--Amounts made available to carry out this +section shall be derived from amounts appropriated or otherwise made +available to the National Weather Service and the National Ocean +Service. + \ No newline at end of file From 1790269693560ab00f1c6e25b3f4ad03ed168bac Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 781/984] Senate-914: Engrossed in Senate --- bills_text/Senate-914.txt | 201 +++++++++++++++++++++----------------- 1 file changed, 114 insertions(+), 87 deletions(-) diff --git a/bills_text/Senate-914.txt b/bills_text/Senate-914.txt index 2da2396..d132083 100644 --- a/bills_text/Senate-914.txt +++ b/bills_text/Senate-914.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 914 -To reauthorize the Integrated Coastal and Ocean Observation System Act -of 2009, to clarify the authority of the Administrator of the National - Oceanic and Atmospheric Administration with respect to post-storm - assessments, and to require the establishment of a National Water - Center, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 27, 2019 - - Mr. Wicker (for himself and Ms. Cantwell) introduced the following - bill; which was read twice and referred to the Committee on Commerce, - Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -38,7 +20,7 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Coordinated Ocean -Observations and Research Act of 2019''. +Observations and Research Act of 2020''. (b) Table of Contents.--The table of contents for this Act is as follows: @@ -86,7 +68,7 @@ System Act of 2009 (33 U.S.C. 3601) is amended to read as follows: management systems, communication systems, and product development systems, and is designed to address regional and national needs for ocean and coastal information, to gather - specific data on key coastal, ocean, and Great Lakes variables, + specific data on key ocean, coastal, and Great Lakes variables, and to ensure timely and sustained dissemination and availability of these data-- ``(A) to the public; @@ -131,7 +113,7 @@ System Act of 2009 (33 U.S.C. 3601) is amended to read as follows: technological capabilities to improve the understanding of weather and climate, ocean-atmosphere dynamics, global climate change, and the physical, chemical, and - biological dynamics of the ocean, coastal and Great + biological dynamics of the ocean, coastal, and Great Lakes environments; and ``(B) to conserve healthy and restore degraded coastal ecosystems.''. @@ -148,9 +130,9 @@ System Act of 2009 (33 U.S.C. 3602) is amended-- sector'' and inserting ``managed through States, regional organizations, universities, nongovernmental organizations, or the private sector and integrated into the System by a regional - coastal ocean observing system, the National Oceanic and - Atmospheric Administration, or the agencies participating in - the Interagency Ocean Observation Committee''; + coastal observing system, the National Oceanic and Atmospheric + Administration, or the agencies participating in the + Interagency Ocean Observation Committee''; (3) by amending paragraph (6) to read as follows: ``(6) Regional coastal observing system.--The term `regional coastal observing system' means an organizational @@ -159,10 +141,9 @@ System Act of 2009 (33 U.S.C. 3602) is amended-- and coordinates State, Federal, local, tribal, and private interests at a regional level with the responsibility of engaging the private and public sectors in designing, - operating, and improving regional coastal and ocean observing - systems in order to ensure the provision of data and - information that meet the needs of user groups from the - respective regions.''; and + operating, and improving regional coastal observing systems in + order to ensure the provision of data and information that meet + the needs of user groups from the respective regions.''; and (4) in paragraph (7), by striking ``National Oceanic and Atmospheric Administration'' and inserting ``Administrator''. @@ -209,7 +190,7 @@ SEC. 103. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM. ``(ii) an advanced observing technology development program to fill gaps in technology; ``(iii) large scale computing resources and - research to advance modeling of coastal, ocean, + research to advance modeling of ocean, coastal, and Great Lakes processes; ``(iv) models to improve regional weather forecasting capabilities and regional weather @@ -231,7 +212,7 @@ Act of 2009 (33 U.S.C. 3603(c)) is amended by striking paragraphs (2), ``(2) Interagency ocean observation committee.-- ``(A) Establishment.--The Council shall establish or designate a committee, which shall be known as the - Interagency Ocean Observation Committee. + `Interagency Ocean Observation Committee'. ``(B) Duties.--The Interagency Ocean Observation Committee shall-- ``(i) prepare annual and long-term plans @@ -371,7 +352,7 @@ Act of 2009 (33 U.S.C. 3603(c)) is amended by striking paragraphs (2), Federal assets of the System are-- ``(I) identified by the regional associations described in the System - plan, the Administrator, or other + Plan, the Administrator, or other members of the System; and ``(II) submitted to the Interagency Ocean Observation Committee; @@ -469,8 +450,7 @@ Act of 2009 (33 U.S.C. 3603(c)) is amended by striking paragraphs (2), subtitle, employees of Federal agencies are permitted to be members of the governing body for the regional coastal observing systems and may participate in the - functions of the regional coastal ocean observing - systems.''. + functions of the regional coastal observing systems.''. (c) System Advisory Committee.--Section 12304(d) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(d)) is amended-- @@ -528,7 +508,7 @@ amended-- hydrodynamic models; ``(v) integrated, multi-State monitoring to assess sources, movement, and fate of sediments - in coastal regions; and + in coastal regions; ``(vi) a multi-region marine sound monitoring system to be-- ``(I) planned in consultation with @@ -567,7 +547,7 @@ amended-- (e) Conforming Amendments.--The Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.) is amended by striking ``regional information coordination entities'' each place it -appears and inserting ``regional ocean observing systems''. +appears and inserting ``regional coastal observing systems''. SEC. 104. FINANCING AND AGREEMENTS. @@ -586,10 +566,10 @@ System Act of 2009 (33 U.S.C. 3606) is amended to read as follows: ``SEC. 12307. REPORT TO CONGRESS. - ``(a) Requirement.--Not later than 2 years after March 30, 2020, -and every 5 years thereafter, the Administrator shall prepare, and the -President acting through the Council shall approve and transmit to -Congress, a report on progress made in implementing this subtitle. + ``(a) Requirement.--Not later than March 30, 2022, and every 5 +years thereafter, the Administrator shall prepare, and the President +acting through the Council shall approve and transmit to Congress, a +report on progress made in implementing this subtitle. ``(b) Contents.--Each report required under subsection (a) shall include-- ``(1) a description of activities carried out under this @@ -626,7 +606,7 @@ include-- data products resulting from the System (including the general public, industries, scientists, resource managers, emergency responders, policy makers, and educators); - ``(8) recommendations concerning-- + ``(8) recommendations, if any, concerning-- ``(A) modifications to the System; and ``(B) funding levels for the System in subsequent fiscal years; and @@ -645,7 +625,7 @@ making decisions about the roles of the Federal Government, the States, regional coastal observing systems, the academic community, and the private sector in providing to end-user communities environmental information, products, technologies, and services related to the -System. The Administrator shall ensure that National Oceanic and +System. The Administrator shall ensure that the National Oceanic and Atmospheric Administration adheres to the decision making process developed by the Council regarding the roles of the Federal Government, the States, the regional coastal observing systems, the academic @@ -670,15 +650,14 @@ System Act of 2009 (33 U.S.C. 3610) is amended to read as follows: ``SEC. 12311. AUTHORIZATION OF APPROPRIATIONS. - ``To fulfill the purposes set forth in section 12302 and to support -activities identified in the annual coordinated System budget developed -by the Interagency Ocean Observation Committee, there are authorized to -be appropriated to the Secretary of Commerce-- - ``(1) $54,900,000 for fiscal year 2020; - ``(2) $61,600,000 for fiscal year 2021; - ``(3) $68,300,000 for fiscal year 2022; - ``(4) $75,000,000 for fiscal year 2023; and - ``(5) $81,700,000 for fiscal year 2024.''. + ``There are authorized to be appropriated to the Secretary of +Commerce to support the integrated oceans observations under this +subtitle-- + ``(1) $48,000,000 for fiscal year 2021; + ``(2) $50,000,000 for fiscal year 2022; + ``(3) $52,000,000 for fiscal year 2023; + ``(4) $54,000,000 for fiscal year 2024; and + ``(5) $56,000,000 for fiscal year 2025.''. SEC. 109. REPORTS AND RESEARCH PLANS. @@ -688,9 +667,9 @@ end the following: ``(4) Economic vulnerability report.-- ``(A) In general.--Not later than 2 years after the date of the enactment of the Coordinated Ocean - Monitoring and Research Act, and every 6 years - thereafter, the Subcommittee shall transmit to the - appropriate committees of Congress a report that-- + Observations and Research Act of 2020, and every 6 + years thereafter, the Subcommittee shall transmit to + the appropriate committees of Congress a report that-- ``(i) is named the `Ocean Chemistry Coastal Community Vulnerability Assessment'; ``(ii) identifies gaps in ocean @@ -700,11 +679,11 @@ end the following: ``(iii) identifies geographic areas which have gaps in ocean acidification research; ``(iv) identifies United States coastal - communities, including fishing communities, - low-population rural communities, tribal and - subsistence communities, and island - communities, that may be impacted by ocean - acidification; + communities, including island communities, + fishing communities, low-population rural + communities, tribal and subsistence + communities, and island communities, that may + be impacted by ocean acidification; ``(v) identifies impacts of changing ocean carbonate chemistry on the communities described in clause (iv), including impacts @@ -727,21 +706,42 @@ end the following: Observation System assets, including unmanned maritime systems, may be leveraged as platforms for the deployment of new sensors or other - applicable observing technologies; and - ``(ix) is written in collaboration with the - agencies responsible for carrying out this - subtitle. + applicable observing technologies; + ``(ix) is written in collaboration with + Federal agencies responsible for carrying out + this subtitle, including representatives of-- + ``(I) the National Marine Fisheries + Service and the Office for Coastal + Management of the National Oceanic and + Atmospheric Administration; + ``(II) regional coastal observing + systems established under section + 12304(c)(4); + ``(III) regional ocean + acidification networks; and + ``(IV) sea grant programs (as + defined in section 203 of the National + Sea Grant College Program Act (33 + U.S.C. 1122)); and + ``(x) is written in consultation with + experts, including subsistence users, academia, + and stakeholders familiar with the economic, + social, ecological, geographic, and resource + concerns of coastal communities in the United + States. ``(B) Form of report.-- ``(i) Initial report.--The initial report required under subparagraph (A) shall include the information described in clauses (i) - through (ix) on a national level. + through (viii) of that subparagraph on a + national level. ``(ii) Subsequent reports.--Each report required under subparagraph (A) after the initial report-- ``(I) may describe the information - described in clauses (i) through (ix) - on a national level; or + described in clauses (i) through (viii) + of that subparagraph on a national + level; or ``(II) may consist of separate reports for each region of the National Oceanic and Atmospheric Administration. @@ -802,7 +802,11 @@ is amended by adding at the end the following: vegetation-based systems, shell recycling, species and genetic diversity, applied technologies, aquaculture methodologies, and management recommendations.''. - (c) Revised Strategic Research Plan.--Not later than one year after + (c) Participation.--Section 12405(e) of the Federal Ocean +Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(e)) +is amended in the first sentence by inserting ``, tribal governments, +and subsistence users'' after ``groups''. + (d) Revised Strategic Research Plan.--Not later than one year after the date of the enactment of this Act, the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall submit to Congress a revised strategic research plan under @@ -818,12 +822,14 @@ Monitoring Act of 2009 (33 U.S.C. 3705(a)) is amended-- (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: - ``(4) includes an ongoing mechanism that allows industry, - coastal stakeholders, fishery management councils and - commissions, non-Federal resource managers, and scientific - experts to provide input on monitoring needs that are necessary - to support on the ground management, decision making, and - adaptation related to ocean acidification.''. + ``(4) includes an ongoing mechanism that allows industry + members, coastal stakeholders, fishery management councils and + commissions, non-Federal resource managers, community + acidification networks, indigenous knowledge groups, and + scientific experts to provide input on monitoring needs that + are necessary to support on the ground management, decision + making, and adaptation related to ocean acidification and its + impacts.''. SEC. 112. RESEARCH ACTIVITIES. @@ -870,7 +876,7 @@ U.S.C. 3611) is amended-- the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012'' - and inserting ``December 31, 2019''; + and inserting ``December 31, 2020''; and (II) by striking ``by regulation''; (ii) in subparagraph (B), by striking @@ -946,13 +952,13 @@ U.S.C. 3611) is amended-- conducts a separate post-storm assessment under clause (i), the Administrator shall complete the assessment based on the dates of actions - that the Administrator takes under - subparagraphs (C) and (D).''; and + that the Administrator takes under subparagraph + (D).''; and (3) in subsection (c)-- (A) in paragraph (1), by striking ``540 days after the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012'' and - inserting ``December 31, 2019''; + inserting ``December 31, 2020''; (B) in paragraph (2), by inserting ``, in the discretion of the Administrator,'' after ``of sensors as may''; and @@ -982,7 +988,9 @@ Section 1337 of the National Flood Insurance Act of 1968 (42 U.S.C. of the rule establishing the COASTAL Formula'' and inserting ``publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1)''; - (4) in subsection (h)-- + (4) in subsection (d), by striking ``section + 12312(b)(2)(C)'' and inserting ``section 12312(b)(2)(E)''; + (5) in subsection (h)-- (A) by inserting ``that issues a standard flood insurance policy under the national flood insurance program'' after ``company''; and @@ -990,12 +998,12 @@ Section 1337 of the National Flood Insurance Act of 1968 (42 U.S.C. inserting ``, the COASTAL Formula, or any other loss allocation or post-storm assessment arising under the laws or ordinances of any State''; - (5) in subsection (i), by striking ``after the date on + (6) in subsection (i), by striking ``after the date on which the Administrator issues the rule establishing the COASTAL Formula under subsection (b)'' and inserting ``60 days after publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1)''; and - (6) by adding at the end the following: + (7) by adding at the end the following: ``(k) Rule of Construction.--Nothing in this section shall be construed to create a cause of action under this Act.''. @@ -1079,13 +1087,32 @@ Service, shall-- (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out the activities under this section amounts as follows: - (1) $44,000,000 for fiscal year 2020. - (2) $44,500,000 for fiscal year 2021. - (3) $45,000,000 for fiscal year 2022. - (4) $45,500,000 for fiscal year 2023. - (5) $46,000,000 for fiscal year 2024. + (1) $44,500,000 for fiscal year 2021. + (2) $45,000,000 for fiscal year 2022. + (3) $45,500,000 for fiscal year 2023. + (4) $46,000,000 for fiscal year 2024. (e) Derivation of Funds.--Amounts made available to carry out this section shall be derived from amounts appropriated or otherwise made available to the National Weather Service and the National Ocean Service. - \ No newline at end of file + + Passed the Senate July 30, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 914 + +_______________________________________________________________________ + + AN ACT + +To reauthorize the Integrated Coastal and Ocean Observation System Act +of 2009, to clarify the authority of the Administrator of the National + Oceanic and Atmospheric Administration with respect to post-storm + assessments, and to require the establishment of a National Water + Center, and for other purposes. From 33517e52ddf916005a836eea71d454a31a66854c Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 782/984] Senate-914: Enrolled --- bills_text/Senate-914.txt | 1789 +++++++++++++++++-------------------- 1 file changed, 828 insertions(+), 961 deletions(-) diff --git a/bills_text/Senate-914.txt b/bills_text/Senate-914.txt index d132083..72439e9 100644 --- a/bills_text/Senate-914.txt +++ b/bills_text/Senate-914.txt @@ -1,31 +1,39 @@ -116th CONGRESS - 2d Session - S. 914 + S.914 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To reauthorize the Integrated Coastal and Ocean Observation System Act -of 2009, to clarify the authority of the Administrator of the National + To reauthorize the Integrated Coastal and Ocean Observation System Act + of 2009, to clarify the authority of the Administrator of the National Oceanic and Atmospheric Administration with respect to post-storm assessments, and to require the establishment of a National Water - Center, and for other purposes. + Center, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``Coordinated Ocean Observations and Research Act of 2020''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. - TITLE I--REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION + + TITLE I--REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM ACT OF 2009 Sec. 101. Purposes. @@ -40,517 +48,458 @@ Sec. 109. Reports and research plans. Sec. 110. Strategic research plan. Sec. 111. Stakeholder input on monitoring. Sec. 112. Research activities. + TITLE II--NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS Sec. 201. Named Storm Event Model and post-storm assessments. - TITLE III--WATER PREDICTION AND FORECASTING + + TITLE III--WATER PREDICTION AND FORECASTING Sec. 301. Water prediction and forecasting. TITLE I--REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM ACT OF 2009 -SEC. 101. PURPOSES. - + SEC. 101. PURPOSES. Section 12302 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601) is amended to read as follows: - ``SEC. 12302. PURPOSES. - ``The purposes of this subtitle are-- - ``(1) to establish and sustain a national integrated System - of ocean, coastal, and Great Lakes observing systems, comprised - of Federal and non-Federal components coordinated at the - national level by the Council and at the regional level by a - network of regional coastal observing systems, and that - includes in situ, remote, and other coastal and ocean - observation and modeling capabilities, technologies, data - management systems, communication systems, and product - development systems, and is designed to address regional and - national needs for ocean and coastal information, to gather - specific data on key ocean, coastal, and Great Lakes variables, - and to ensure timely and sustained dissemination and - availability of these data-- - ``(A) to the public; - ``(B) to support national defense, search and - rescue operations, marine commerce, navigation safety, - weather, climate, and marine forecasting, energy siting - and production, economic development, ecosystem-based - marine, coastal, and Great Lakes resource management, - public safety, and public outreach and education; - ``(C) to promote greater public awareness and - stewardship of the Nation's ocean, coastal, and Great - Lakes resources and the general public welfare; - ``(D) to provide easy access to ocean, coastal, and - Great Lakes data and promote data sharing between - Federal and non-Federal sources and promote public data - sharing; - ``(E) to enable advances in scientific - understanding to support the sustainable use, - conservation, management, and understanding of healthy - ocean, coastal, and Great Lakes resources to ensure the - Nation can respond to opportunities to enhance food, - economic, and national security; and - ``(F) to monitor and model changes in the oceans - and Great Lakes, including with respect to chemistry, - harmful algal blooms, hypoxia, water levels, and other - phenomena; - ``(2) to improve the Nation's capability to measure, track, - observe, understand, and predict events related directly and - indirectly to weather and climate, natural climate variability, - and interactions between the oceanic and atmospheric - environments, including the Great Lakes; - ``(3) to sustain, upgrade, and modernize the Nation's ocean - and Great Lakes observing infrastructure to detect changes and - ensure delivery of reliable and timely information; and - ``(4) to authorize activities-- - ``(A) to promote basic and applied research to - develop, test, and deploy innovations and improvements - in coastal and ocean observation technologies, - including advanced observing technologies such as - unmanned maritime systems needed to address critical - data gaps, modeling systems, other scientific and - technological capabilities to improve the understanding - of weather and climate, ocean-atmosphere dynamics, - global climate change, and the physical, chemical, and - biological dynamics of the ocean, coastal, and Great - Lakes environments; and - ``(B) to conserve healthy and restore degraded - coastal ecosystems.''. - -SEC. 102. DEFINITIONS. - + ``(1) to establish and sustain a national integrated System of + ocean, coastal, and Great Lakes observing systems, comprised of + Federal and non-Federal components coordinated at the national + level by the Council and at the regional level by a network of + regional coastal observing systems, and that includes in situ, + remote, and other coastal and ocean observation and modeling + capabilities, technologies, data management systems, communication + systems, and product development systems, and is designed to + address regional and national needs for ocean and coastal + information, to gather specific data on key ocean, coastal, and + Great Lakes variables, and to ensure timely and sustained + dissemination and availability of these data-- + ``(A) to the public; + ``(B) to support national defense, search and rescue + operations, marine commerce, navigation safety, weather, + climate, and marine forecasting, energy siting and production, + economic development, ecosystem-based marine, coastal, and + Great Lakes resource management, public safety, and public + outreach and education; + ``(C) to promote greater public awareness and stewardship + of the Nation's ocean, coastal, and Great Lakes resources and + the general public welfare; + ``(D) to provide easy access to ocean, coastal, and Great + Lakes data and promote data sharing between Federal and non- + Federal sources and promote public data sharing; + ``(E) to enable advances in scientific understanding to + support the sustainable use, conservation, management, and + understanding of healthy ocean, coastal, and Great Lakes + resources to ensure the Nation can respond to opportunities to + enhance food, economic, and national security; and + ``(F) to monitor and model changes in the oceans and Great + Lakes, including with respect to chemistry, harmful algal + blooms, hypoxia, water levels, and other phenomena; + ``(2) to improve the Nation's capability to measure, track, + observe, understand, and predict events related directly and + indirectly to weather and climate, natural climate variability, and + interactions between the oceanic and atmospheric environments, + including the Great Lakes; + ``(3) to sustain, upgrade, and modernize the Nation's ocean and + Great Lakes observing infrastructure to detect changes and ensure + delivery of reliable and timely information; and + ``(4) to authorize activities-- + ``(A) to promote basic and applied research to develop, + test, and deploy innovations and improvements in coastal and + ocean observation technologies, including advanced observing + technologies such as unmanned maritime systems needed to + address critical data gaps, modeling systems, other scientific + and technological capabilities to improve the understanding of + weather and climate, ocean-atmosphere dynamics, global climate + change, and the physical, chemical, and biological dynamics of + the ocean, coastal, and Great Lakes environments; and + ``(B) to conserve healthy and restore degraded coastal + ecosystems.''. + SEC. 102. DEFINITIONS. Section 12303 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3602) is amended-- - (1) in paragraph (2), by striking ``section 7902'' and - inserting ``section 8932''; - (2) in paragraph (5), by striking ``integrated into the - System and are managed through States, regional organizations, - universities, nongovernmental organizations, or the private - sector'' and inserting ``managed through States, regional - organizations, universities, nongovernmental organizations, or - the private sector and integrated into the System by a regional - coastal observing system, the National Oceanic and Atmospheric - Administration, or the agencies participating in the - Interagency Ocean Observation Committee''; - (3) by amending paragraph (6) to read as follows: - ``(6) Regional coastal observing system.--The term - `regional coastal observing system' means an organizational - body that is certified or established by contract or memorandum - by the lead Federal agency designated in section 12304(c)(3) - and coordinates State, Federal, local, tribal, and private - interests at a regional level with the responsibility of - engaging the private and public sectors in designing, - operating, and improving regional coastal observing systems in - order to ensure the provision of data and information that meet - the needs of user groups from the respective regions.''; and - (4) in paragraph (7), by striking ``National Oceanic and - Atmospheric Administration'' and inserting ``Administrator''. - -SEC. 103. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM. - + (1) in paragraph (2), by striking ``section 7902'' and + inserting ``section 8932''; + (2) in paragraph (5), by striking ``integrated into the System + and are managed through States, regional organizations, + universities, nongovernmental organizations, or the private + sector'' and inserting ``managed through States, regional + organizations, universities, nongovernmental organizations, or the + private sector and integrated into the System by a regional coastal + observing system, the National Oceanic and Atmospheric + Administration, or the agencies participating in the Interagency + Ocean Observation Committee''; + (3) by amending paragraph (6) to read as follows: + ``(6) Regional coastal observing system.--The term `regional + coastal observing system' means an organizational body that is + certified or established by contract or memorandum by the lead + Federal agency designated in section 12304(c)(3) and coordinates + State, Federal, local, tribal, and private interests at a regional + level with the responsibility of engaging the private and public + sectors in designing, operating, and improving regional coastal + observing systems in order to ensure the provision of data and + information that meet the needs of user groups from the respective + regions.''; and + (4) in paragraph (7), by striking ``National Oceanic and + Atmospheric Administration'' and inserting ``Administrator''. + SEC. 103. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM. (a) System Elements.-- - (1) In general.--Section 12304(b) of the Integrated Coastal - and Ocean Observation System Act of 2009 (33 U.S.C. 3603(b)) is - amended by striking paragraph (1) and inserting the following: - ``(1) In general.--In order to fulfill the purposes of this - subtitle, the System shall be national in scope and consist - of-- - ``(A) Federal assets to fulfill national and - international observation missions and priorities; - ``(B) non-Federal assets, including a network of - regional coastal observing systems identified under - subsection (c)(4), to fulfill regional and national - observation missions and priorities; - ``(C) observing, modeling, data management, and - communication systems for the timely integration and - dissemination of data and information products from the - System, including reviews of data collection procedures - across regions and programs to make recommendations for - data collection standards across the System to meet - national ocean, coastal, and Great Lakes observation, - applied research, and weather forecasting needs; - ``(D) a product development system to transform - observations into products in a format that may be - readily used and understood; and - ``(E) a research and development program conducted - under the guidance of the Council, consisting of-- - ``(i) basic and applied research and - technology development-- - ``(I) to improve understanding of - coastal and ocean systems and their - relationships to human activities; and - ``(II) to ensure improvement of - operational assets and products, - including related infrastructure, - observing technologies such as unmanned - maritime systems, and information and - data processing and management - technologies; - ``(ii) an advanced observing technology - development program to fill gaps in technology; - ``(iii) large scale computing resources and - research to advance modeling of ocean, coastal, - and Great Lakes processes; - ``(iv) models to improve regional weather - forecasting capabilities and regional weather - forecasting products; and - ``(v) reviews of data collection procedures - across regions and programs to make - recommendations for data collection standards - across the System to meet national ocean, - coastal, and Great Lakes observation, applied - research, and weather forecasting needs.''. - (2) Availability of data.--Section 12304(b)(3) of such Act - (33 U.S.C. 3603(b)(3)) is amended by inserting ``for research - and for use in the development of products to address societal - needs'' before the period at the end. + (1) In general.--Section 12304(b) of the Integrated Coastal and + Ocean Observation System Act of 2009 (33 U.S.C. 3603(b)) is amended + by striking paragraph (1) and inserting the following: + ``(1) In general.--In order to fulfill the purposes of this + subtitle, the System shall be national in scope and consist of-- + ``(A) Federal assets to fulfill national and international + observation missions and priorities; + ``(B) non-Federal assets, including a network of regional + coastal observing systems identified under subsection (c)(4), + to fulfill regional and national observation missions and + priorities; + ``(C) observing, modeling, data management, and + communication systems for the timely integration and + dissemination of data and information products from the System, + including reviews of data collection procedures across regions + and programs to make recommendations for data collection + standards across the System to meet national ocean, coastal, + and Great Lakes observation, applied research, and weather + forecasting needs; + ``(D) a product development system to transform + observations into products in a format that may be readily used + and understood; and + ``(E) a research and development program conducted under + the guidance of the Council, consisting of-- + ``(i) basic and applied research and technology + development-- + + ``(I) to improve understanding of coastal and ocean + systems and their relationships to human activities; + and + ``(II) to ensure improvement of operational assets + and products, including related infrastructure, + observing technologies such as unmanned maritime + systems, and information and data processing and + management technologies; + + ``(ii) an advanced observing technology development + program to fill gaps in technology; + ``(iii) large scale computing resources and research to + advance modeling of ocean, coastal, and Great Lakes + processes; + ``(iv) models to improve regional weather forecasting + capabilities and regional weather forecasting products; and + ``(v) reviews of data collection procedures across + regions and programs to make recommendations for data + collection standards across the System to meet national + ocean, coastal, and Great Lakes observation, applied + research, and weather forecasting needs.''. + (2) Availability of data.--Section 12304(b)(3) of such Act (33 + U.S.C. 3603(b)(3)) is amended by inserting ``for research and for + use in the development of products to address societal needs'' + before the period at the end. (b) Policy Oversight, Administration, and Regional Coordination.-- Section 12304(c) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(c)) is amended by striking paragraphs (2), (3), and (4), and inserting the following: - ``(2) Interagency ocean observation committee.-- - ``(A) Establishment.--The Council shall establish - or designate a committee, which shall be known as the - `Interagency Ocean Observation Committee'. - ``(B) Duties.--The Interagency Ocean Observation - Committee shall-- - ``(i) prepare annual and long-term plans - for consideration and approval by the Council - for the integrated design, operation, - maintenance, enhancement, and expansion of the - System to meet the objectives of this subtitle - and the System Plan; - ``(ii) develop and transmit to Congress, - along with the budget submitted by the - President to Congress pursuant to section - 1105(a) of title 31, United States Code, an - annual coordinated, comprehensive budget-- - ``(I) to operate all elements of - the System identified in subsection - (b); and - ``(II) to ensure continuity of data - streams from Federal and non-Federal - assets; - ``(iii) establish requirements for - observation data variables to be gathered by - both Federal and non-Federal assets and - identify, in consultation with regional coastal - observing systems, priorities for System - observations; - ``(iv) establish and define protocols and - standards for System data processing, - management, collection, configuration - standards, formats, and communication for new - and existing assets throughout the System - network; - ``(v) develop contract requirements for - each regional coastal observing system-- - ``(I) to establish eligibility for - integration into the System; - ``(II) to ensure compliance with - all applicable standards and protocols - established by the Council; and - ``(III) to ensure that regional - observations are integrated into the - System on a sustained basis; - ``(vi) identify gaps in observation - coverage or needs for capital improvements of - both Federal assets and non-Federal assets; - ``(vii) subject to the availability of - appropriations, establish through 1 or more - Federal agencies participating in the - Interagency Ocean Observation Committee, in - consultation with the System advisory committee - established under subsection (d), a competitive - matching grant or other programs-- - ``(I) to promote intramural and - extramural research and development of - new, innovative, and emerging - observation technologies including - testing and field trials; and - ``(II) to facilitate the migration - of new, innovative, and emerging - scientific and technological advances - from research and development to - operational deployment; - ``(viii) periodically-- - ``(I) review the System Plan; and - ``(II) submit to the Council such - recommendations as the Interagency - Ocean Observation Committee may have - for improvements to the System Plan; - ``(ix) ensure collaboration among Federal - agencies participating in the Interagency Ocean - Observation Committee; and - ``(x) perform such additional duties as the - Council may delegate. - ``(3) Lead federal agency.-- - ``(A) In general.--The National Oceanic and - Atmospheric Administration shall function as the lead - Federal agency for the implementation and - administration of the System. - ``(B) Consultation required.--In carrying out this - paragraph, the Administrator shall consult with the - Council, the Interagency Ocean Observation Committee, - other Federal agencies that maintain portions of the - System, and the regional coastal observing systems. - ``(C) Requirements.--In carrying out this - paragraph, the Administrator shall-- - ``(i) establish and operate an Integrated - Ocean Observing System Program Office within - the National Oceanic and Atmospheric - Administration that-- - ``(I) utilizes, to the extent - necessary, personnel from Federal - agencies participating in the - Interagency Ocean Observation - Committee; and - ``(II) oversees daily operations - and coordination of the System; - ``(ii) implement policies, protocols, and - standards approved by the Council and delegated - by the Interagency Ocean Observation Committee; - ``(iii) promulgate program guidelines-- - ``(I) to certify and integrate - regional associations into the System; - and - ``(II) to provide regional coastal - and ocean observation data that meet - the needs of user groups from the - respective regions; - ``(iv) have the authority to enter into and - oversee contracts, leases, grants, or - cooperative agreements with non-Federal assets, - including regional coastal observing systems, - to support the purposes of this subtitle on - such terms as the Administrator deems - appropriate; - ``(v) implement and maintain a merit-based, - competitive funding process to support non- - Federal assets, including the development and - maintenance of a national network of regional - coastal observing systems, and develop and - implement a process for the periodic review and - evaluation of the regional associations; - ``(vi) provide opportunities for - competitive contracts and grants for - demonstration projects to design, develop, - integrate, deploy, maintain, and support - components of the System; - ``(vii) establish and maintain efficient - and effective administrative procedures for the - timely allocation of funds among contractors, - grantees, and non-Federal assets, including - regional coastal observing systems; - ``(viii) develop and implement a process - for the periodic review and evaluation of the - regional coastal observing systems; - ``(ix) formulate an annual process by which - gaps in observation coverage or needs for - capital improvements of Federal assets and non- - Federal assets of the System are-- - ``(I) identified by the regional - associations described in the System - Plan, the Administrator, or other - members of the System; and - ``(II) submitted to the Interagency - Ocean Observation Committee; - ``(x) develop and be responsible for a data - management and communication system, in - accordance with standards and protocols - established by the Interagency Ocean - Observation Committee, by which all data - collected by the System regarding ocean and - coastal waters of the United States including - the Great Lakes, are processed, stored, - integrated, and made available to all end-user - communities; - ``(xi) not less frequently than once each - year, submit to the Interagency Ocean - Observation Committee a report on the - accomplishments, operational needs, and - performance of the System to contribute to the - annual and long-term plans prepared pursuant to - paragraph (2)(B)(i); - ``(xii) develop and periodically update a - plan to efficiently integrate into the System - new, innovative, or emerging technologies that - have been demonstrated to be useful to the - System and which will fulfill the purposes of - this subtitle and the System Plan; and - ``(xiii) work with users and regional - associations to develop products to enable - real-time data sharing for decision makers, - including with respect to weather forecasting - and modeling, search and rescue operations, - corrosive seawater forecasts, water quality - monitoring and communication, and harmful algal - bloom forecasting. - ``(4) Regional coastal observing systems.-- - ``(A) In general.--A regional coastal observing - system described in the System Plan as a regional - association may not be certified or established under - this subtitle unless it-- - ``(i) has been or shall be certified or - established by contract or agreement by the - Administrator; - ``(ii) meets-- - ``(I) the certification standards - and compliance procedure guidelines - issued by the Administrator; and - ``(II) the information needs of - user groups in the region while - adhering to national standards; - ``(iii) demonstrates an organizational - structure, that under funding limitations is - capable of-- - ``(I) gathering required System - observation data; - ``(II) supporting and integrating - all aspects of coastal and ocean - observing and information programs - within a region; and - ``(III) reflecting the needs of - State, local, and tribal governments, - commercial interests, and other users - and beneficiaries of the System and - other requirements specified under this - subtitle and the System Plan; - ``(iv) identifies-- - ``(I) gaps in observation coverage - needs for capital improvements of - Federal assets and non-Federal assets - of the System; and - ``(II) other recommendations to - assist in the development of the annual - and long-term plans prepared pursuant - to paragraph (2)(B)(i) and transmits - such information to the Interagency - Ocean Observation Committee through the - Program Office established under - paragraph (3)(C)(i); - ``(v) develops and operates under a - strategic plan that will ensure the efficient - and effective administration of programs and - assets to support daily data observations for - integration into the System, pursuant to the - standards approved by the Council; - ``(vi) works cooperatively with - governmental and nongovernmental entities at - all levels to identify and provide information - products of the System for multiple users - within the service area of the regional coastal - observing system; and - ``(vii) complies with all financial - oversight requirements established by the - Administrator, including requirements relating - to audits. - ``(B) Participation.--For the purposes of this - subtitle, employees of Federal agencies are permitted - to be members of the governing body for the regional - coastal observing systems and may participate in the - functions of the regional coastal observing systems.''. + ``(2) Interagency ocean observation committee.-- + ``(A) Establishment.--The Council shall establish or + designate a committee, which shall be known as the `Interagency + Ocean Observation Committee'. + ``(B) Duties.--The Interagency Ocean Observation Committee + shall-- + ``(i) prepare annual and long-term plans for + consideration and approval by the Council for the + integrated design, operation, maintenance, enhancement, and + expansion of the System to meet the objectives of this + subtitle and the System Plan; + ``(ii) develop and transmit to Congress, along with the + budget submitted by the President to Congress pursuant to + section 1105(a) of title 31, United States Code, an annual + coordinated, comprehensive budget-- + + ``(I) to operate all elements of the System + identified in subsection (b); and + ``(II) to ensure continuity of data streams from + Federal and non-Federal assets; + + ``(iii) establish requirements for observation data + variables to be gathered by both Federal and non-Federal + assets and identify, in consultation with regional coastal + observing systems, priorities for System observations; + ``(iv) establish and define protocols and standards for + System data processing, management, collection, + configuration standards, formats, and communication for new + and existing assets throughout the System network; + ``(v) develop contract requirements for each regional + coastal observing system-- + + ``(I) to establish eligibility for integration into + the System; + ``(II) to ensure compliance with all applicable + standards and protocols established by the Council; and + ``(III) to ensure that regional observations are + integrated into the System on a sustained basis; + + ``(vi) identify gaps in observation coverage or needs + for capital improvements of both Federal assets and non- + Federal assets; + ``(vii) subject to the availability of appropriations, + establish through 1 or more Federal agencies participating + in the Interagency Ocean Observation Committee, in + consultation with the System advisory committee established + under subsection (d), a competitive matching grant or other + programs-- + + ``(I) to promote intramural and extramural research + and development of new, innovative, and emerging + observation technologies including testing and field + trials; and + ``(II) to facilitate the migration of new, + innovative, and emerging scientific and technological + advances from research and development to operational + deployment; + + ``(viii) periodically-- + + ``(I) review the System Plan; and + ``(II) submit to the Council such recommendations + as the Interagency Ocean Observation Committee may have + for improvements to the System Plan; + + ``(ix) ensure collaboration among Federal agencies + participating in the Interagency Ocean Observation + Committee; and + ``(x) perform such additional duties as the Council may + delegate. + ``(3) Lead federal agency.-- + ``(A) In general.--The National Oceanic and Atmospheric + Administration shall function as the lead Federal agency for + the implementation and administration of the System. + ``(B) Consultation required.--In carrying out this + paragraph, the Administrator shall consult with the Council, + the Interagency Ocean Observation Committee, other Federal + agencies that maintain portions of the System, and the regional + coastal observing systems. + ``(C) Requirements.--In carrying out this paragraph, the + Administrator shall-- + ``(i) establish and operate an Integrated Ocean + Observing System Program Office within the National Oceanic + and Atmospheric Administration that-- + + ``(I) utilizes, to the extent necessary, personnel + from Federal agencies participating in the Interagency + Ocean Observation Committee; and + ``(II) oversees daily operations and coordination + of the System; + + ``(ii) implement policies, protocols, and standards + approved by the Council and delegated by the Interagency + Ocean Observation Committee; + ``(iii) promulgate program guidelines-- + + ``(I) to certify and integrate regional + associations into the System; and + ``(II) to provide regional coastal and ocean + observation data that meet the needs of user groups + from the respective regions; + + ``(iv) have the authority to enter into and oversee + contracts, leases, grants, or cooperative agreements with + non-Federal assets, including regional coastal observing + systems, to support the purposes of this subtitle on such + terms as the Administrator deems appropriate; + ``(v) implement and maintain a merit-based, competitive + funding process to support non-Federal assets, including + the development and maintenance of a national network of + regional coastal observing systems, and develop and + implement a process for the periodic review and evaluation + of the regional associations; + ``(vi) provide opportunities for competitive contracts + and grants for demonstration projects to design, develop, + integrate, deploy, maintain, and support components of the + System; + ``(vii) establish and maintain efficient and effective + administrative procedures for the timely allocation of + funds among contractors, grantees, and non-Federal assets, + including regional coastal observing systems; + ``(viii) develop and implement a process for the + periodic review and evaluation of the regional coastal + observing systems; + ``(ix) formulate an annual process by which gaps in + observation coverage or needs for capital improvements of + Federal assets and non-Federal assets of the System are-- + + ``(I) identified by the regional associations + described in the System Plan, the Administrator, or + other members of the System; and + ``(II) submitted to the Interagency Ocean + Observation Committee; + + ``(x) develop and be responsible for a data management + and communication system, in accordance with standards and + protocols established by the Interagency Ocean Observation + Committee, by which all data collected by the System + regarding ocean and coastal waters of the United States + including the Great Lakes, are processed, stored, + integrated, and made available to all end-user communities; + ``(xi) not less frequently than once each year, submit + to the Interagency Ocean Observation Committee a report on + the accomplishments, operational needs, and performance of + the System to contribute to the annual and long-term plans + prepared pursuant to paragraph (2)(B)(i); + ``(xii) develop and periodically update a plan to + efficiently integrate into the System new, innovative, or + emerging technologies that have been demonstrated to be + useful to the System and which will fulfill the purposes of + this subtitle and the System Plan; and + ``(xiii) work with users and regional associations to + develop products to enable real-time data sharing for + decision makers, including with respect to weather + forecasting and modeling, search and rescue operations, + corrosive seawater forecasts, water quality monitoring and + communication, and harmful algal bloom forecasting. + ``(4) Regional coastal observing systems.-- + ``(A) In general.--A regional coastal observing system + described in the System Plan as a regional association may not + be certified or established under this subtitle unless it-- + ``(i) has been or shall be certified or established by + contract or agreement by the Administrator; + ``(ii) meets-- + + ``(I) the certification standards and compliance + procedure guidelines issued by the Administrator; and + ``(II) the information needs of user groups in the + region while adhering to national standards; + + ``(iii) demonstrates an organizational structure, that + under funding limitations is capable of-- + + ``(I) gathering required System observation data; + ``(II) supporting and integrating all aspects of + coastal and ocean observing and information programs + within a region; and + ``(III) reflecting the needs of State, local, and + tribal governments, commercial interests, and other + users and beneficiaries of the System and other + requirements specified under this subtitle and the + System Plan; + + ``(iv) identifies-- + + ``(I) gaps in observation coverage needs for + capital improvements of Federal assets and non-Federal + assets of the System; and + ``(II) other recommendations to assist in the + development of the annual and long-term plans prepared + pursuant to paragraph (2)(B)(i) and transmits such + information to the Interagency Ocean Observation + Committee through the Program Office established under + paragraph (3)(C)(i); + + ``(v) develops and operates under a strategic plan that + will ensure the efficient and effective administration of + programs and assets to support daily data observations for + integration into the System, pursuant to the standards + approved by the Council; + ``(vi) works cooperatively with governmental and + nongovernmental entities at all levels to identify and + provide information products of the System for multiple + users within the service area of the regional coastal + observing system; and + ``(vii) complies with all financial oversight + requirements established by the Administrator, including + requirements relating to audits. + ``(B) Participation.--For the purposes of this subtitle, + employees of Federal agencies are permitted to be members of + the governing body for the regional coastal observing systems + and may participate in the functions of the regional coastal + observing systems.''. (c) System Advisory Committee.--Section 12304(d) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(d)) is amended-- - (1) in paragraph (1), by striking ``or the Interagency - Ocean Observing Committee.'' and inserting ``or the Council - under this subtitle''; and - (2) in paragraph (2)-- - (A) in subparagraph (A), by inserting ``, data - sharing,'' after ``data management''; - (B) in subparagraph (C), by striking ``and'' at the - end; - (C) by striking subparagraph (D) and inserting the - following: - ``(D) additional priorities, including-- - ``(i) a national surface current mapping - network designed to improve fine scale sea - surface mapping using high frequency radar - technology and other emerging technologies to - address national priorities, including Coast - Guard search and rescue operation planning and - harmful algal bloom forecasting and detection - that-- - ``(I) is comprised of existing high - frequency radar and other sea surface - current mapping infrastructure operated - by national programs and regional - coastal observing systems; - ``(II) incorporates new high - frequency radar assets or other fine - scale sea surface mapping technology - assets, and other assets needed to fill - gaps in coverage on United States - coastlines; and - ``(III) follows a deployment plan - that prioritizes closing gaps in high - frequency radar infrastructure in the - United States, starting with areas - demonstrating significant sea surface - current data needs, especially in areas - where additional data will improve - Coast Guard search and rescue models; - ``(ii) fleet acquisition for unmanned - maritime systems for deployment and data - integration to fulfill the purposes of this - subtitle; - ``(iii) an integrative survey program for - application of unmanned maritime systems to the - real-time or near real-time collection and - transmission of sea floor, water column, and - sea surface data on biology, chemistry, - geology, physics, and hydrography; - ``(iv) remote sensing and data assimilation - to develop new analytical methodologies to - assimilate data from the System into - hydrodynamic models; - ``(v) integrated, multi-State monitoring to - assess sources, movement, and fate of sediments - in coastal regions; - ``(vi) a multi-region marine sound - monitoring system to be-- - ``(I) planned in consultation with - the Interagency Ocean Observation - Committee, the National Oceanic and - Atmospheric Administration, the - Department of the Navy, and academic - research institutions; and - ``(II) developed, installed, and - operated in coordination with the - National Oceanic and Atmospheric - Administration, the Department of the - Navy, and academic research - institutions; and - ``(E) any other purpose identified by the - Administrator or the Council.''; - (D) in paragraph (3)(B), by inserting ``The - Administrator may stagger the terms of the System - advisory committee members.'' before ``Members''; and - (E) in paragraph (4)-- - (i) in subparagraph (A), by striking ``and - the Interagency Ocean Observing Committee''; - and - (ii) in subparagraph (C), by striking - ``Observing'' and inserting ``Observation''. + (1) in paragraph (1), by striking ``or the Interagency Ocean + Observing Committee.'' and inserting ``or the Council under this + subtitle''; and + (2) in paragraph (2)-- + (A) in subparagraph (A), by inserting ``, data sharing,'' + after ``data management''; + (B) in subparagraph (C), by striking ``and'' at the end; + (C) by striking subparagraph (D) and inserting the + following: + ``(D) additional priorities, including-- + ``(i) a national surface current mapping network + designed to improve fine scale sea surface mapping using + high frequency radar technology and other emerging + technologies to address national priorities, including + Coast Guard search and rescue operation planning and + harmful algal bloom forecasting and detection that-- + + ``(I) is comprised of existing high frequency radar + and other sea surface current mapping infrastructure + operated by national programs and regional coastal + observing systems; + ``(II) incorporates new high frequency radar assets + or other fine scale sea surface mapping technology + assets, and other assets needed to fill gaps in + coverage on United States coastlines; and + ``(III) follows a deployment plan that prioritizes + closing gaps in high frequency radar infrastructure in + the United States, starting with areas demonstrating + significant sea surface current data needs, especially + in areas where additional data will improve Coast Guard + search and rescue models; + + ``(ii) fleet acquisition for unmanned maritime systems + for deployment and data integration to fulfill the purposes + of this subtitle; + ``(iii) an integrative survey program for application + of unmanned maritime systems to the real-time or near real- + time collection and transmission of sea floor, water + column, and sea surface data on biology, chemistry, + geology, physics, and hydrography; + ``(iv) remote sensing and data assimilation to develop + new analytical methodologies to assimilate data from the + System into hydrodynamic models; + ``(v) integrated, multi-State monitoring to assess + sources, movement, and fate of sediments in coastal + regions; + ``(vi) a multi-region marine sound monitoring system to + be-- + + ``(I) planned in consultation with the Interagency + Ocean Observation Committee, the National Oceanic and + Atmospheric Administration, the Department of the Navy, + and academic research institutions; and + ``(II) developed, installed, and operated in + coordination with the National Oceanic and Atmospheric + Administration, the Department of the Navy, and + academic research institutions; and + + ``(E) any other purpose identified by the Administrator or + the Council.''; + (D) in paragraph (3)(B), by inserting ``The Administrator + may stagger the terms of the System advisory committee + members.'' before ``Members''; and + (E) in paragraph (4)-- + (i) in subparagraph (A), by striking ``and the + Interagency Ocean Observing Committee''; and + (ii) in subparagraph (C), by striking ``Observing'' and + inserting ``Observation''. (d) Civil Liability.--Section 12304(e) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(e)) is amended-- - (1) by striking ``information coordination entity'' each - place it appears and inserting ``coastal observing system''; - and - (2) by striking ``contract, lease, grant, or cooperative - agreement under subsection (c)(3)(D)'' and inserting ``a - memorandum of agreement of certification under subsection - (c)(3)(C)(iii)''. + (1) by striking ``information coordination entity'' each place + it appears and inserting ``coastal observing system''; and + (2) by striking ``contract, lease, grant, or cooperative + agreement under subsection (c)(3)(D)'' and inserting ``a memorandum + of agreement of certification under subsection (c)(3)(C)(iii)''. (e) Conforming Amendments.--The Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.) is amended by striking ``regional information coordination entities'' each place it appears and inserting ``regional coastal observing systems''. - -SEC. 104. FINANCING AND AGREEMENTS. - + SEC. 104. FINANCING AND AGREEMENTS. Section 12305(a) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3604(a)) is amended to read as follows: ``(a) In General.--The Secretary of Commerce may execute an @@ -558,68 +507,58 @@ agreement, on a reimbursable or nonreimbursable basis, with any State or subdivision thereof, any Federal agency, any public or private organization, or any individual to carry out activities under this subtitle.''. - -SEC. 105. REPORTS TO CONGRESS. - + SEC. 105. REPORTS TO CONGRESS. Section 12307 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3606) is amended to read as follows: - ``SEC. 12307. REPORT TO CONGRESS. - ``(a) Requirement.--Not later than March 30, 2022, and every 5 years thereafter, the Administrator shall prepare, and the President acting through the Council shall approve and transmit to Congress, a report on progress made in implementing this subtitle. ``(b) Contents.--Each report required under subsection (a) shall include-- - ``(1) a description of activities carried out under this - subtitle and the System Plan; - ``(2) an evaluation of the effectiveness of the System, - including an evaluation of progress made by the Council to - achieve the goals identified under the System Plan; - ``(3) the identification of Federal and non-Federal assets - as determined by the Council that have been integrated into the - System, including assets essential to the gathering of required - observation data variables necessary to meet the respective - missions of Council agencies; - ``(4) a review of procurements, planned or initiated, by - each department or agency represented on the Council to - enhance, expand, or modernize the observation capabilities and - data products provided by the System, including data management - and communication subsystems; - ``(5) a summary of the existing gaps in observation - infrastructure and monitoring data collection, including-- - ``(A) priorities considered by the System advisory - committee; - ``(B) the national sea surface current mapping - network; - ``(C) coastal buoys; - ``(D) ocean chemistry monitoring; - ``(E) marine sound monitoring; and - ``(F) unmanned maritime systems technology gaps; - ``(6) an assessment regarding activities to integrate - Federal and non-Federal assets, nationally and on the regional - level, and discussion of the performance and effectiveness of - regional coastal observing systems to coordinate regional - observation operations; - ``(7) a description of benefits of the program to users of - data products resulting from the System (including the general - public, industries, scientists, resource managers, emergency - responders, policy makers, and educators); - ``(8) recommendations, if any, concerning-- - ``(A) modifications to the System; and - ``(B) funding levels for the System in subsequent - fiscal years; and - ``(9) the results of a periodic external independent - programmatic audit of the System.''. - -SEC. 106. PUBLIC-PRIVATE USE POLICY. - + ``(1) a description of activities carried out under this + subtitle and the System Plan; + ``(2) an evaluation of the effectiveness of the System, + including an evaluation of progress made by the Council to achieve + the goals identified under the System Plan; + ``(3) the identification of Federal and non-Federal assets as + determined by the Council that have been integrated into the + System, including assets essential to the gathering of required + observation data variables necessary to meet the respective + missions of Council agencies; + ``(4) a review of procurements, planned or initiated, by each + department or agency represented on the Council to enhance, expand, + or modernize the observation capabilities and data products + provided by the System, including data management and communication + subsystems; + ``(5) a summary of the existing gaps in observation + infrastructure and monitoring data collection, including-- + ``(A) priorities considered by the System advisory + committee; + ``(B) the national sea surface current mapping network; + ``(C) coastal buoys; + ``(D) ocean chemistry monitoring; + ``(E) marine sound monitoring; and + ``(F) unmanned maritime systems technology gaps; + ``(6) an assessment regarding activities to integrate Federal + and non-Federal assets, nationally and on the regional level, and + discussion of the performance and effectiveness of regional coastal + observing systems to coordinate regional observation operations; + ``(7) a description of benefits of the program to users of data + products resulting from the System (including the general public, + industries, scientists, resource managers, emergency responders, + policy makers, and educators); + ``(8) recommendations, if any, concerning-- + ``(A) modifications to the System; and + ``(B) funding levels for the System in subsequent fiscal + years; and + ``(9) the results of a periodic external independent + programmatic audit of the System.''. + SEC. 106. PUBLIC-PRIVATE USE POLICY. Section 12308 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3607) is amended to read as follows: - ``SEC. 12308. PUBLIC-PRIVATE USE POLICY. - ``The Council shall maintain a policy that defines processes for making decisions about the roles of the Federal Government, the States, regional coastal observing systems, the academic community, and the @@ -632,9 +571,7 @@ the States, the regional coastal observing systems, the academic community, and the private sector in providing end-user communities environmental information, data products, technologies, and services related to the System.''. - -SEC. 107. REPEAL OF INDEPENDENT COST ESTIMATE. - + SEC. 107. REPEAL OF INDEPENDENT COST ESTIMATE. (a) In General.--The Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.) is amended by striking section 12309 (33 U.S.C. 3608). @@ -642,166 +579,140 @@ section 12309 (33 U.S.C. 3608). 1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111- 11; 123 Stat. 991) is amended by striking the item related to section 12309. - -SEC. 108. AUTHORIZATION OF APPROPRIATIONS. - + SEC. 108. AUTHORIZATION OF APPROPRIATIONS. Section 12311 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3610) is amended to read as follows: - ``SEC. 12311. AUTHORIZATION OF APPROPRIATIONS. - ``There are authorized to be appropriated to the Secretary of Commerce to support the integrated oceans observations under this subtitle-- - ``(1) $48,000,000 for fiscal year 2021; - ``(2) $50,000,000 for fiscal year 2022; - ``(3) $52,000,000 for fiscal year 2023; - ``(4) $54,000,000 for fiscal year 2024; and - ``(5) $56,000,000 for fiscal year 2025.''. - -SEC. 109. REPORTS AND RESEARCH PLANS. - + ``(1) $48,000,000 for fiscal year 2021; + ``(2) $50,000,000 for fiscal year 2022; + ``(3) $52,000,000 for fiscal year 2023; + ``(4) $54,000,000 for fiscal year 2024; and + ``(5) $56,000,000 for fiscal year 2025.''. + SEC. 109. REPORTS AND RESEARCH PLANS. Section 12404(c) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(c)) is amended by adding at the end the following: - ``(4) Economic vulnerability report.-- - ``(A) In general.--Not later than 2 years after the - date of the enactment of the Coordinated Ocean - Observations and Research Act of 2020, and every 6 - years thereafter, the Subcommittee shall transmit to - the appropriate committees of Congress a report that-- - ``(i) is named the `Ocean Chemistry Coastal - Community Vulnerability Assessment'; - ``(ii) identifies gaps in ocean - acidification monitoring by public, academic, - and private assets in the network of regional - coastal observing systems; - ``(iii) identifies geographic areas which - have gaps in ocean acidification research; - ``(iv) identifies United States coastal - communities, including island communities, - fishing communities, low-population rural - communities, tribal and subsistence - communities, and island communities, that may - be impacted by ocean acidification; - ``(v) identifies impacts of changing ocean - carbonate chemistry on the communities - described in clause (iv), including impacts - from changes in ocean and coastal marine - resources that are not managed by the Federal - Government; - ``(vi) identifies gaps in understanding of - the impacts of ocean acidification on - economically or commercially important species, - particularly those which support United States - commercial, recreational, and tribal fisheries - and aquaculture; - ``(vii) identifies habitats that may be - particularly vulnerable to corrosive sea water, - including areas experiencing multiple stressors - such as hypoxia, sedimentation, and harmful - algal blooms; - ``(viii) identifies areas in which existing - National Integrated Coastal and Ocean - Observation System assets, including unmanned - maritime systems, may be leveraged as platforms - for the deployment of new sensors or other - applicable observing technologies; - ``(ix) is written in collaboration with - Federal agencies responsible for carrying out - this subtitle, including representatives of-- - ``(I) the National Marine Fisheries - Service and the Office for Coastal - Management of the National Oceanic and - Atmospheric Administration; - ``(II) regional coastal observing - systems established under section - 12304(c)(4); - ``(III) regional ocean - acidification networks; and - ``(IV) sea grant programs (as - defined in section 203 of the National - Sea Grant College Program Act (33 - U.S.C. 1122)); and - ``(x) is written in consultation with - experts, including subsistence users, academia, - and stakeholders familiar with the economic, - social, ecological, geographic, and resource - concerns of coastal communities in the United - States. - ``(B) Form of report.-- - ``(i) Initial report.--The initial report - required under subparagraph (A) shall include - the information described in clauses (i) - through (viii) of that subparagraph on a - national level. - ``(ii) Subsequent reports.--Each report - required under subparagraph (A) after the - initial report-- - ``(I) may describe the information - described in clauses (i) through (viii) - of that subparagraph on a national - level; or - ``(II) may consist of separate - reports for each region of the National - Oceanic and Atmospheric Administration. - ``(iii) Regional reports.--If the - Subcommittee opts to prepare a report required - under subparagraph (A) as separate regional - reports under clause (ii)(II), the Subcommittee - shall submit a report for each region of the - National Oceanic and Atmospheric Administration - not less frequently than once during each 6- - year reporting period. - ``(C) Appropriate committees of congress defined.-- - In this paragraph and in paragraph (5), the term - `appropriate committees of Congress' means the - Committee on Commerce, Science, and Transportation of - the Senate, the Committee on Science, Space, and - Technology of the House of Representatives, and the - Committee on Natural Resources of the House of - Representatives. - ``(5) Monitoring prioritization plan.--Not later than 180 - days after the date of the submission of the initial report - under paragraph (4)(A), the Subcommittee shall transmit to the - appropriate committees of Congress a report that develops a - plan to deploy new sensors or other applicable observing - technologies such as unmanned maritime systems-- - ``(A) based on such initial report; - ``(B) prioritized by-- - ``(i) the threat to coastal economies and - ecosystems; - ``(ii) gaps in data; and - ``(iii) research needs; and - ``(C) that leverage existing platforms, where - possible.''. - -SEC. 110. STRATEGIC RESEARCH PLAN. - + ``(4) Economic vulnerability report.-- + ``(A) In general.--Not later than 2 years after the date of + the enactment of the Coordinated Ocean Observations and + Research Act of 2020, and every 6 years thereafter, the + Subcommittee shall transmit to the appropriate committees of + Congress a report that-- + ``(i) is named the `Ocean Chemistry Coastal Community + Vulnerability Assessment'; + ``(ii) identifies gaps in ocean acidification + monitoring by public, academic, and private assets in the + network of regional coastal observing systems; + ``(iii) identifies geographic areas which have gaps in + ocean acidification research; + ``(iv) identifies United States coastal communities, + including island communities, fishing communities, low- + population rural communities, tribal and subsistence + communities, and island communities, that may be impacted + by ocean acidification; + ``(v) identifies impacts of changing ocean carbonate + chemistry on the communities described in clause (iv), + including impacts from changes in ocean and coastal marine + resources that are not managed by the Federal Government; + ``(vi) identifies gaps in understanding of the impacts + of ocean acidification on economically or commercially + important species, particularly those which support United + States commercial, recreational, and tribal fisheries and + aquaculture; + ``(vii) identifies habitats that may be particularly + vulnerable to corrosive sea water, including areas + experiencing multiple stressors such as hypoxia, + sedimentation, and harmful algal blooms; + ``(viii) identifies areas in which existing National + Integrated Coastal and Ocean Observation System assets, + including unmanned maritime systems, may be leveraged as + platforms for the deployment of new sensors or other + applicable observing technologies; + ``(ix) is written in collaboration with Federal + agencies responsible for carrying out this subtitle, + including representatives of-- + + ``(I) the National Marine Fisheries Service and the + Office for Coastal Management of the National Oceanic + and Atmospheric Administration; + ``(II) regional coastal observing systems + established under section 12304(c)(4); + ``(III) regional ocean acidification networks; and + ``(IV) sea grant programs (as defined in section + 203 of the National Sea Grant College Program Act (33 + U.S.C. 1122)); and + + ``(x) is written in consultation with experts, + including subsistence users, academia, and stakeholders + familiar with the economic, social, ecological, geographic, + and resource concerns of coastal communities in the United + States. + ``(B) Form of report.-- + ``(i) Initial report.--The initial report required + under subparagraph (A) shall include the information + described in clauses (i) through (viii) of that + subparagraph on a national level. + ``(ii) Subsequent reports.--Each report required under + subparagraph (A) after the initial report-- + + ``(I) may describe the information described in + clauses (i) through (viii) of that subparagraph on a + national level; or + ``(II) may consist of separate reports for each + region of the National Oceanic and Atmospheric + Administration. + + ``(iii) Regional reports.--If the Subcommittee opts to + prepare a report required under subparagraph (A) as + separate regional reports under clause (ii)(II), the + Subcommittee shall submit a report for each region of the + National Oceanic and Atmospheric Administration not less + frequently than once during each 6-year reporting period. + ``(C) Appropriate committees of congress defined.--In this + paragraph and in paragraph (5), the term `appropriate + committees of Congress' means the Committee on Commerce, + Science, and Transportation of the Senate, the Committee on + Science, Space, and Technology of the House of Representatives, + and the Committee on Natural Resources of the House of + Representatives. + ``(5) Monitoring prioritization plan.--Not later than 180 days + after the date of the submission of the initial report under + paragraph (4)(A), the Subcommittee shall transmit to the + appropriate committees of Congress a report that develops a plan to + deploy new sensors or other applicable observing technologies such + as unmanned maritime systems-- + ``(A) based on such initial report; + ``(B) prioritized by-- + ``(i) the threat to coastal economies and ecosystems; + ``(ii) gaps in data; and + ``(iii) research needs; and + ``(C) that leverage existing platforms, where possible.''. + SEC. 110. STRATEGIC RESEARCH PLAN. (a) Contents.--Section 12405(b) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(b)) is amended-- - (1) in paragraph (8), by striking ``and'' at the end; - (2) in paragraph (9), by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following: - ``(10) make recommendations for research to be conducted, - including in the social sciences and economics, to address the - key knowledge gaps identified in the Ocean Chemistry Coastal - Community Vulnerability Assessment conducted under section - 12404(c)(4).''. + (1) in paragraph (8), by striking ``and'' at the end; + (2) in paragraph (9), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(10) make recommendations for research to be conducted, + including in the social sciences and economics, to address the key + knowledge gaps identified in the Ocean Chemistry Coastal Community + Vulnerability Assessment conducted under section 12404(c)(4).''. (b) Program Elements.--Section 12405(c) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(c)) is amended by adding at the end the following: - ``(6) Research to understand the combined impact of changes - in ocean chemistry and other stressors, including sediment - delivery, hypoxia, and harmful algal blooms, on each other and - on living marine resources, including aquaculture and coastal - ecosystems. - ``(7) Applied research to identify adaptation strategies - for species impacted by changes in ocean chemistry including - vegetation-based systems, shell recycling, species and genetic - diversity, applied technologies, aquaculture methodologies, and - management recommendations.''. + ``(6) Research to understand the combined impact of changes in + ocean chemistry and other stressors, including sediment delivery, + hypoxia, and harmful algal blooms, on each other and on living + marine resources, including aquaculture and coastal ecosystems. + ``(7) Applied research to identify adaptation strategies for + species impacted by changes in ocean chemistry including + vegetation-based systems, shell recycling, species and genetic + diversity, applied technologies, aquaculture methodologies, and + management recommendations.''. (c) Participation.--Section 12405(e) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(e)) is amended in the first sentence by inserting ``, tribal governments, @@ -813,26 +724,21 @@ shall submit to Congress a revised strategic research plan under section 12405 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704) that includes the matters required by the amendments made by this section. - -SEC. 111. STAKEHOLDER INPUT ON MONITORING. - + SEC. 111. STAKEHOLDER INPUT ON MONITORING. Section 12406(a) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3705(a)) is amended-- - (1) in paragraph (2), by striking ``and'' at the end; - (2) in paragraph (3), by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following: - ``(4) includes an ongoing mechanism that allows industry - members, coastal stakeholders, fishery management councils and - commissions, non-Federal resource managers, community - acidification networks, indigenous knowledge groups, and - scientific experts to provide input on monitoring needs that - are necessary to support on the ground management, decision - making, and adaptation related to ocean acidification and its - impacts.''. - -SEC. 112. RESEARCH ACTIVITIES. - + (1) in paragraph (2), by striking ``and'' at the end; + (2) in paragraph (3), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(4) includes an ongoing mechanism that allows industry + members, coastal stakeholders, fishery management councils and + commissions, non-Federal resource managers, community acidification + networks, indigenous knowledge groups, and scientific experts to + provide input on monitoring needs that are necessary to support on + the ground management, decision making, and adaptation related to + ocean acidification and its impacts.''. + SEC. 112. RESEARCH ACTIVITIES. Section 12407(a) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3706(a)) is amended to read as follows: @@ -841,278 +747,239 @@ Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer- reviewed proposals for research, observation, and monitoring of ocean acidification and its impacts, including-- - ``(1) impacts on marine organisms, including species - cultured for aquaculture, and marine ecosystems; - ``(2) impacts on ocean, coastal, and estuarine - biogeochemistry; - ``(3) the development of methodologies and technologies to - evaluate ocean acidification and its impacts; and - ``(4) impacts of multiple stressors on ecosystems - exhibiting hypoxia, harmful algal blooms, or sediment delivery, - combined with changes in ocean chemistry.''. + ``(1) impacts on marine organisms, including species cultured + for aquaculture, and marine ecosystems; + ``(2) impacts on ocean, coastal, and estuarine biogeochemistry; + ``(3) the development of methodologies and technologies to + evaluate ocean acidification and its impacts; and + ``(4) impacts of multiple stressors on ecosystems exhibiting + hypoxia, harmful algal blooms, or sediment delivery, combined with + changes in ocean chemistry.''. TITLE II--NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS -SEC. 201. NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS. - + SEC. 201. NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS. (a) Amendments to the Omnibus Public Land Management Act of 2009.-- Section 12312 of the Omnibus Public Land Management Act of 2009 (33 U.S.C. 3611) is amended-- - (1) in subsection (a)-- - (A) in paragraph (2), by striking the period at the - end and inserting the following: ``, except that the - term shall not apply with respect to a State or - territory that has an operational wind and flood loss - allocation system.''; - (B) in paragraph (6), by inserting ``sustained'' - before ``winds''; and - (C) in paragraph (7), by striking ``that threaten - any portion of a coastal State'' and inserting ``for - which post-storm assessments are conducted''; - (2) in subsection (b)-- - (A) in paragraph (1)-- - (i) in subparagraph (A)-- - (I) by striking ``540 days after - the date of the enactment of the - Consumer Option for an Alternative - System to Allocate Losses Act of 2012'' - and inserting ``December 31, 2020''; - and - (II) by striking ``by regulation''; - (ii) in subparagraph (B), by striking - ``every'' and inserting ``an''; and - (iii) by adding at the end the following: - ``(C) Public review.--The Administrator shall seek - input and suggestions from the public before the Named - Storm Event Model, or any modification to the Named - Storm Event Model, takes effect.''; and - (B) in paragraph (2)-- - (i) by redesignating subparagraphs (B) and - (C) as subparagraphs (D) and (E), respectively; - (ii) by inserting after subparagraph (A) - the following: - ``(B) Data collection.-- - ``(i) In general.--Upon identification of a - named storm under subparagraph (A), and - pursuant to the protocol established under - subsection (c), the Administrator may deploy - sensors to enhance the collection of covered - data in the areas in coastal States that the - Administrator determines are at the highest - risk of experiencing geophysical events that - would cause indeterminate losses. - ``(ii) Rule of construction.--If the - Administrator takes action under clause (i), - that action may not be construed as indicating - that a post-storm assessment will be developed - for any coastal State in which that action is - taken. - ``(C) Identification of indeterminate losses in - coastal states.--Not later than 30 days after the first - date on which sustained winds of not less than 39 miles - per hour are measured in a coastal State during a named - storm identified under subparagraph (A), the Secretary - of Homeland Security shall notify the Administrator - with respect to the existence of any indeterminate - losses in that coastal State resulting from that named - storm.''; - (iii) in subparagraph (D), as so - redesignated-- - (I) by striking ``identification of - a named storm under subparagraph (A)'' - and inserting ``confirmation of - indeterminate losses identified under - subparagraph (C) with respect to a - named storm''; and - (II) by striking ``assessment for - such named storm'' and inserting - ``assessment for each coastal State - that suffered such indeterminate losses - as a result of the named storm''; - (iv) in subparagraph (E), as so - redesignated-- - (I) by striking ``an identification - of a named storm is made under - subparagraph (A)'' and inserting ``any - indeterminate losses are identified - under subparagraph (C)''; and - (II) by striking ``for such storm - under subparagraph (B)'' and inserting - ``under subparagraph (D) for any - coastal State that suffered such - indeterminate losses''; and - (v) by adding at the end the following: - ``(F) Separate post-storm assessments for a single - named storm.-- - ``(i) In general.--The Administrator may - conduct a separate post-storm assessment for - each coastal State in which indeterminate - losses are identified under subparagraph (C). - ``(ii) Timeline.--If the Administrator - conducts a separate post-storm assessment under - clause (i), the Administrator shall complete - the assessment based on the dates of actions - that the Administrator takes under subparagraph - (D).''; and - (3) in subsection (c)-- - (A) in paragraph (1), by striking ``540 days after - the date of the enactment of the Consumer Option for an - Alternative System to Allocate Losses Act of 2012'' and - inserting ``December 31, 2020''; - (B) in paragraph (2), by inserting ``, in the - discretion of the Administrator,'' after ``of sensors - as may''; and - (C) in paragraph (4)(B), by inserting ``and - expend'' after ``receive''. + (1) in subsection (a)-- + (A) in paragraph (2), by striking the period at the end and + inserting the following: ``, except that the term shall not + apply with respect to a State or territory that has an + operational wind and flood loss allocation system.''; + (B) in paragraph (6), by inserting ``sustained'' before + ``winds''; and + (C) in paragraph (7), by striking ``that threaten any + portion of a coastal State'' and inserting ``for which post- + storm assessments are conducted''; + (2) in subsection (b)-- + (A) in paragraph (1)-- + (i) in subparagraph (A)-- + + (I) by striking ``540 days after the date of the + enactment of the Consumer Option for an Alternative + System to Allocate Losses Act of 2012'' and inserting + ``December 31, 2020''; and + (II) by striking ``by regulation''; + + (ii) in subparagraph (B), by striking ``every'' and + inserting ``an''; and + (iii) by adding at the end the following: + ``(C) Public review.--The Administrator shall seek input + and suggestions from the public before the Named Storm Event + Model, or any modification to the Named Storm Event Model, + takes effect.''; and + (B) in paragraph (2)-- + (i) by redesignating subparagraphs (B) and (C) as + subparagraphs (D) and (E), respectively; + (ii) by inserting after subparagraph (A) the following: + ``(B) Data collection.-- + ``(i) In general.--Upon identification of a named storm + under subparagraph (A), and pursuant to the protocol + established under subsection (c), the Administrator may + deploy sensors to enhance the collection of covered data in + the areas in coastal States that the Administrator + determines are at the highest risk of experiencing + geophysical events that would cause indeterminate losses. + ``(ii) Rule of construction.--If the Administrator + takes action under clause (i), that action may not be + construed as indicating that a post-storm assessment will + be developed for any coastal State in which that action is + taken. + ``(C) Identification of indeterminate losses in coastal + states.--Not later than 30 days after the first date on which + sustained winds of not less than 39 miles per hour are measured + in a coastal State during a named storm identified under + subparagraph (A), the Secretary of Homeland Security shall + notify the Administrator with respect to the existence of any + indeterminate losses in that coastal State resulting from that + named storm.''; + (iii) in subparagraph (D), as so redesignated-- + + (I) by striking ``identification of a named storm + under subparagraph (A)'' and inserting ``confirmation + of indeterminate losses identified under subparagraph + (C) with respect to a named storm''; and + (II) by striking ``assessment for such named + storm'' and inserting ``assessment for each coastal + State that suffered such indeterminate losses as a + result of the named storm''; + + (iv) in subparagraph (E), as so redesignated-- + + (I) by striking ``an identification of a named + storm is made under subparagraph (A)'' and inserting + ``any indeterminate losses are identified under + subparagraph (C)''; and + (II) by striking ``for such storm under + subparagraph (B)'' and inserting ``under subparagraph + (D) for any coastal State that suffered such + indeterminate losses''; and + + (v) by adding at the end the following: + ``(F) Separate post-storm assessments for a single named + storm.-- + ``(i) In general.--The Administrator may conduct a + separate post-storm assessment for each coastal State in + which indeterminate losses are identified under + subparagraph (C). + ``(ii) Timeline.--If the Administrator conducts a + separate post-storm assessment under clause (i), the + Administrator shall complete the assessment based on the + dates of actions that the Administrator takes under + subparagraph (D).''; and + (3) in subsection (c)-- + (A) in paragraph (1), by striking ``540 days after the date + of the enactment of the Consumer Option for an Alternative + System to Allocate Losses Act of 2012'' and inserting + ``December 31, 2020''; + (B) in paragraph (2), by inserting ``, in the discretion of + the Administrator,'' after ``of sensors as may''; and + (C) in paragraph (4)(B), by inserting ``and expend'' after + ``receive''. (b) Amendments to the National Flood Insurance Act of 1968.-- Section 1337 of the National Flood Insurance Act of 1968 (42 U.S.C. 4057) is amended-- - (1) in subsection (a)-- - (A) in paragraph (3), by striking the period at the - end and inserting the following: ``, except that the - term shall not apply with respect to a State or - territory that has an operational wind and flood loss - allocation system.''; and - (B) in paragraph (5), by inserting ``sustained'' - after ``maximum''; - (2) in subsection (b)-- - (A) in paragraph (1), by striking ``establish by - rule'' and inserting ``publish for comment in the - Federal Register''; and - (B) in paragraph (2)(B), by inserting after - ``Elevation Certificate'' the following: ``, or other - data or information used to determine a property's - current risk of flood, as determined by the - Administrator,''; - (3) in subsection (c)(3)(A)(i), by striking ``the issuance - of the rule establishing the COASTAL Formula'' and inserting - ``publication of the COASTAL Formula in the Federal Register as - required by subsection (b)(1)''; - (4) in subsection (d), by striking ``section - 12312(b)(2)(C)'' and inserting ``section 12312(b)(2)(E)''; - (5) in subsection (h)-- - (A) by inserting ``that issues a standard flood - insurance policy under the national flood insurance - program'' after ``company''; and - (B) by striking ``or the COASTAL Formula'' and - inserting ``, the COASTAL Formula, or any other loss - allocation or post-storm assessment arising under the - laws or ordinances of any State''; - (6) in subsection (i), by striking ``after the date on - which the Administrator issues the rule establishing the - COASTAL Formula under subsection (b)'' and inserting ``60 days - after publication of the COASTAL Formula in the Federal - Register as required by subsection (b)(1)''; and - (7) by adding at the end the following: + (1) in subsection (a)-- + (A) in paragraph (3), by striking the period at the end and + inserting the following: ``, except that the term shall not + apply with respect to a State or territory that has an + operational wind and flood loss allocation system.''; and + (B) in paragraph (5), by inserting ``sustained'' after + ``maximum''; + (2) in subsection (b)-- + (A) in paragraph (1), by striking ``establish by rule'' and + inserting ``publish for comment in the Federal Register''; and + (B) in paragraph (2)(B), by inserting after ``Elevation + Certificate'' the following: ``, or other data or information + used to determine a property's current risk of flood, as + determined by the Administrator,''; + (3) in subsection (c)(3)(A)(i), by striking ``the issuance of + the rule establishing the COASTAL Formula'' and inserting + ``publication of the COASTAL Formula in the Federal Register as + required by subsection (b)(1)''; + (4) in subsection (d), by striking ``section 12312(b)(2)(C)'' + and inserting ``section 12312(b)(2)(E)''; + (5) in subsection (h)-- + (A) by inserting ``that issues a standard flood insurance + policy under the national flood insurance program'' after + ``company''; and + (B) by striking ``or the COASTAL Formula'' and inserting + ``, the COASTAL Formula, or any other loss allocation or post- + storm assessment arising under the laws or ordinances of any + State''; + (6) in subsection (i), by striking ``after the date on which + the Administrator issues the rule establishing the COASTAL Formula + under subsection (b)'' and inserting ``60 days after publication of + the COASTAL Formula in the Federal Register as required by + subsection (b)(1)''; and + (7) by adding at the end the following: ``(k) Rule of Construction.--Nothing in this section shall be construed to create a cause of action under this Act.''. TITLE III--WATER PREDICTION AND FORECASTING -SEC. 301. WATER PREDICTION AND FORECASTING. - + SEC. 301. WATER PREDICTION AND FORECASTING. (a) National Water Center.-- - (1) Establishment.-- - (A) In general.--The Under Secretary of Commerce - for Oceans and Atmosphere shall establish a center-- - (i) to serve as the research and - operational center of excellence for hydrologic - analyses, forecasting, and related decision - support services within the National Oceanic - and Atmospheric Administration and the National - Weather Service; and - (ii) to facilitate collaboration across - Federal and State departments and agencies, - academia, and the private sector on matters - relating to water resources. - (B) Designation.--The center established under - subparagraph (A) shall be known as the ``National Water - Center''. - (2) Functions.--The functions of the National Water Center - shall include the following: - (A) Improving understanding of water resources, - stakeholder needs regarding water resources, and - identifying science and services gaps relating to water - resources. - (B) Developing and implementing advanced water - resources modeling capabilities. - (C) Facilitating the transition of hydrologic - research into operations. - (D) Delivering analyses, forecasts, and inundation - information and guidance for all hydrologic events in - the United States, including flash flooding, riverine - flooding, and water resources outlooks. - (E) In coordination with warning coordination - meteorologists, providing decision-support services to - inform emergency management and water resources - decisions. + (1) Establishment.-- + (A) In general.--The Under Secretary of Commerce for Oceans + and Atmosphere shall establish a center-- + (i) to serve as the research and operational center of + excellence for hydrologic analyses, forecasting, and + related decision support services within the National + Oceanic and Atmospheric Administration and the National + Weather Service; and + (ii) to facilitate collaboration across Federal and + State departments and agencies, academia, and the private + sector on matters relating to water resources. + (B) Designation.--The center established under subparagraph + (A) shall be known as the ``National Water Center''. + (2) Functions.--The functions of the National Water Center + shall include the following: + (A) Improving understanding of water resources, stakeholder + needs regarding water resources, and identifying science and + services gaps relating to water resources. + (B) Developing and implementing advanced water resources + modeling capabilities. + (C) Facilitating the transition of hydrologic research into + operations. + (D) Delivering analyses, forecasts, and inundation + information and guidance for all hydrologic events in the + United States, including flash flooding, riverine flooding, and + water resources outlooks. + (E) In coordination with warning coordination + meteorologists, providing decision-support services to inform + emergency management and water resources decisions. (b) National Instructions.-- - (1) In general.--Not later than one year after the date of - the enactment of this Act, the Under Secretary, acting through - the Director of the National Weather Service, shall make public - an operations and services policy directive for the National + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Under Secretary, acting through the + Director of the National Weather Service, shall make public an + operations and services policy directive for the National Water + Center. + (2) Contents.--The directive required by paragraph (1) shall + include national instructions to perform the functions of the + National Water Center, including the following: + (A) Operational staff responsibilities. + (B) Guidelines for content, format, and provision of + hydrologic and inundation products developed by the National Water Center. - (2) Contents.--The directive required by paragraph (1) - shall include national instructions to perform the functions of - the National Water Center, including the following: - (A) Operational staff responsibilities. - (B) Guidelines for content, format, and provision - of hydrologic and inundation products developed by the - National Water Center. - (C) Procedures for cooperation and coordination - between the National Water Center, the National Weather - Service National Centers for Environmental Prediction, - National Weather Service River Forecast Centers, and - National Weather Service Weather Forecast Offices. + (C) Procedures for cooperation and coordination between the + National Water Center, the National Weather Service National + Centers for Environmental Prediction, National Weather Service + River Forecast Centers, and National Weather Service Weather + Forecast Offices. (c) Total Water Prediction.--The Under Secretary, acting through the Director of the Office of Water Prediction of the National Weather Service, shall-- - (1) initiate and lead research and development activities - to develop operational water resource prediction and related - decision support products; - (2) collaborate with, and provide decision support - regarding total water prediction to-- - (A) the relevant Federal agencies represented on - the National Science and Technology Council, Committee - on Environment, Natural Resources, and Sustainability - and the Subcommittee on Disaster Reduction; - (B) State water resource agencies; and - (C) State and local emergency management agencies; - and - (3) in carrying out the responsibilities described in - paragraphs (1) and (2), collaboratively develop capabilities - necessary for total water predictive capacity, including - observations, modeling, data management, supercomputing, social - science, and communications. + (1) initiate and lead research and development activities to + develop operational water resource prediction and related decision + support products; + (2) collaborate with, and provide decision support regarding + total water prediction to-- + (A) the relevant Federal agencies represented on the + National Science and Technology Council, Committee on + Environment, Natural Resources, and Sustainability and the + Subcommittee on Disaster Reduction; + (B) State water resource agencies; and + (C) State and local emergency management agencies; and + (3) in carrying out the responsibilities described in + paragraphs (1) and (2), collaboratively develop capabilities + necessary for total water predictive capacity, including + observations, modeling, data management, supercomputing, social + science, and communications. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out the activities under this section amounts as follows: - (1) $44,500,000 for fiscal year 2021. - (2) $45,000,000 for fiscal year 2022. - (3) $45,500,000 for fiscal year 2023. - (4) $46,000,000 for fiscal year 2024. - (e) Derivation of Funds.--Amounts made available to carry out this -section shall be derived from amounts appropriated or otherwise made -available to the National Weather Service and the National Ocean -Service. - - Passed the Senate July 30, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 914 - -_______________________________________________________________________ - - AN ACT - -To reauthorize the Integrated Coastal and Ocean Observation System Act -of 2009, to clarify the authority of the Administrator of the National - Oceanic and Atmospheric Administration with respect to post-storm - assessments, and to require the establishment of a National Water - Center, and for other purposes. + (1) $44,500,000 for fiscal year 2021. + (2) $45,000,000 for fiscal year 2022. + (3) $45,500,000 for fiscal year 2023. + (4) $46,000,000 for fiscal year 2024. + (e) Derivation of Funds.--Funds to carry out this section shall be +derived from amounts authorized to be appropriated to the National +Weather Service and the National Ocean Service that are enacted after +the date of the enactment of this Act. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From e04fd7f57dfc2a19bebf0cf004507c6cdf2b00cd Mon Sep 17 00:00:00 2001 From: "Sen. Kennedy, John [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 783/984] Senate-945: Introduced to Senate --- bills_text/Senate-945.txt | 117 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 117 insertions(+) create mode 100644 bills_text/Senate-945.txt diff --git a/bills_text/Senate-945.txt b/bills_text/Senate-945.txt new file mode 100644 index 0000000..c68043b --- /dev/null +++ b/bills_text/Senate-945.txt @@ -0,0 +1,117 @@ +116th CONGRESS + 1st Session + S. 945 + + To amend the Sarbanes-Oxley Act of 2002 to require certain issuers to + disclose to the Securities and Exchange Commission information + regarding foreign jurisdictions that prevent the Public Company +Accounting Oversight Board from performing inspections under that Act, + and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 28, 2019 + + Mr. Kennedy (for himself and Mr. Van Hollen) introduced the following + bill; which was read twice and referred to the Committee on Banking, + Housing, and Urban Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend the Sarbanes-Oxley Act of 2002 to require certain issuers to + disclose to the Securities and Exchange Commission information + regarding foreign jurisdictions that prevent the Public Company +Accounting Oversight Board from performing inspections under that Act, + and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Holding Foreign Companies +Accountable Act''. + +SEC. 2. DISCLOSURE REQUIREMENT. + + Section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214) is +amended by adding at the end the following: + ``(i) Disclosure Regarding Foreign Jurisdictions That Prevent +Inspections.-- + ``(1) Definitions.--In this subsection-- + ``(A) the term `covered issuer' means an issuer + that is required to file reports under section 13 or + 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. + 78m; 78o(d)); and + ``(B) the term `non-inspection year' means, with + respect to a covered issuer, a year-- + ``(i) during which the Commission + identifies the covered issuer under paragraph + (2)(A) with respect to every report described + in subparagraph (A) filed by the covered issuer + during that year; and + ``(ii) that begins after the date of the + enactment of this subsection. + ``(2) Disclosure to commission.--The Commission shall-- + ``(A) identify each covered issuer that, with + respect to the preparation of the audit report on the + financial statement of the covered issuer that is + included in a report described in paragraph (1)(A) + filed by the covered issuer, retains a registered + public accounting firm that has a branch or office + that-- + ``(i) is located in a foreign jurisdiction; + and + ``(ii) the Board is unable to inspect under + this section; and + ``(B) require each covered issuer identified under + subparagraph (A) to, in accordance with the rules + issued by the Commission under paragraph (4), submit to + the Commission documentation that establishes that the + covered issuer is not owned or controlled by a + governmental entity in the foreign jurisdiction + described in subparagraph (A)(i). + ``(3) Trading prohibition after 3 years of non- + inspections.-- + ``(A) In general.--If the Commission determines + that a covered issuer has 3 consecutive non-inspection + years, the Commission shall prohibit the securities of + the covered issuer from being traded on a national + securities exchange. + ``(B) Removal of initial prohibition.--If, after + the Commission imposes a prohibition on a covered + issuer under subparagraph (A), the covered issuer + certifies to the Commission that the covered issuer has + retained a registered public accounting firm that the + Board has inspected under this section to the + satisfaction of the Commission, the Commission shall + end that prohibition. + ``(C) Recurrence of non-inspection years.--If, + after the Commission ends a prohibition under + subparagraph (B) or (D) with respect to a covered + issuer, the Commission determines that the covered + issuer has a non-inspection year, the Commission shall + prohibit the securities of the covered issuer from + being traded on a national securities exchange. + ``(D) Removal of subsequent prohibition.--If, after + the end of the 5-year period beginning on the date on + which the Commission imposes a prohibition on a covered + issuer under subparagraph (C), the covered issuer + certifies to the Commission that the covered issuer + will retain a registered public accounting firm that + the Board is able to inspect under this section, the + Commission shall end that prohibition. + ``(4) Rules.--Not later than 90 days after the date of + enactment of this subsection, the Commission shall issue rules + that establish the manner and form in which a covered issuer + shall make a disclosure and a submission required under clauses + (i) and (ii) of paragraph (2)(B), respectively.''. + \ No newline at end of file From e213e98c052bd85f393712f9fe6047b0f51ab3e9 Mon Sep 17 00:00:00 2001 From: "Sen. Kennedy, John [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 784/984] Senate-945: Engrossed in Senate --- bills_text/Senate-945.txt | 133 +++++++++++++++++++++++++++++--------- 1 file changed, 103 insertions(+), 30 deletions(-) diff --git a/bills_text/Senate-945.txt b/bills_text/Senate-945.txt index c68043b..b23f3b5 100644 --- a/bills_text/Senate-945.txt +++ b/bills_text/Senate-945.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 945 - To amend the Sarbanes-Oxley Act of 2002 to require certain issuers to - disclose to the Securities and Exchange Commission information - regarding foreign jurisdictions that prevent the Public Company -Accounting Oversight Board from performing inspections under that Act, - and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - March 28, 2019 - - Mr. Kennedy (for himself and Mr. Van Hollen) introduced the following - bill; which was read twice and referred to the Committee on Banking, - Housing, and Urban Affairs - _______________________________________________________________________ - A BILL + AN ACT @@ -50,7 +32,7 @@ Inspections.-- ``(A) the term `covered issuer' means an issuer that is required to file reports under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. - 78m; 78o(d)); and + 78m, 78o(d)); and ``(B) the term `non-inspection year' means, with respect to a covered issuer, a year-- ``(i) during which the Commission @@ -58,7 +40,7 @@ Inspections.-- (2)(A) with respect to every report described in subparagraph (A) filed by the covered issuer during that year; and - ``(ii) that begins after the date of the + ``(ii) that begins after the date of enactment of this subsection. ``(2) Disclosure to commission.--The Commission shall-- ``(A) identify each covered issuer that, with @@ -70,8 +52,11 @@ Inspections.-- that-- ``(i) is located in a foreign jurisdiction; and - ``(ii) the Board is unable to inspect under - this section; and + ``(ii) the Board is unable to inspect or + investigate completely because of a position + taken by an authority in the foreign + jurisdiction described in clause (i), as + determined by the Board; and ``(B) require each covered issuer identified under subparagraph (A) to, in accordance with the rules issued by the Commission under paragraph (4), submit to @@ -84,8 +69,13 @@ Inspections.-- ``(A) In general.--If the Commission determines that a covered issuer has 3 consecutive non-inspection years, the Commission shall prohibit the securities of - the covered issuer from being traded on a national - securities exchange. + the covered issuer from being traded-- + ``(i) on a national securities exchange; or + ``(ii) through any other method that is + within the jurisdiction of the Commission to + regulate, including through the method of + trading that is commonly referred to as the + `over-the-counter' trading of securities. ``(B) Removal of initial prohibition.--If, after the Commission imposes a prohibition on a covered issuer under subparagraph (A), the covered issuer @@ -100,7 +90,13 @@ Inspections.-- issuer, the Commission determines that the covered issuer has a non-inspection year, the Commission shall prohibit the securities of the covered issuer from - being traded on a national securities exchange. + being traded-- + ``(i) on a national securities exchange; or + ``(ii) through any other method that is + within the jurisdiction of the Commission to + regulate, including through the method of + trading that is commonly referred to as the + `over-the-counter' trading of securities. ``(D) Removal of subsequent prohibition.--If, after the end of the 5-year period beginning on the date on which the Commission imposes a prohibition on a covered @@ -112,6 +108,83 @@ Inspections.-- ``(4) Rules.--Not later than 90 days after the date of enactment of this subsection, the Commission shall issue rules that establish the manner and form in which a covered issuer - shall make a disclosure and a submission required under clauses - (i) and (ii) of paragraph (2)(B), respectively.''. - \ No newline at end of file + shall make a submission required under paragraph (2)(B).''. + +SEC. 3. ADDITIONAL DISCLOSURE. + + (a) Definitions.--In this section-- + (1) the term ``audit report'' has the meaning given the + term in section 2(a) of the Sarbanes-Oxley Act of 2002 (15 + U.S.C. 7201(a)); + (2) the term ``Commission'' means the Securities and + Exchange Commission; + (3) the term ``covered form''-- + (A) means-- + (i) the form described in section 249.310 + of title 17, Code of Federal Regulations, or + any successor regulation; and + (ii) the form described in section 249.220f + of title 17, Code of Federal Regulations, or + any successor regulation; and + (B) includes a form that-- + (i) is the equivalent of, or substantially + similar to, the form described in clause (i) or + (ii) of subparagraph (A); and + (ii) a foreign issuer files with the + Commission under the Securities Exchange Act of + 1934 (15 U.S.C. 78a et seq.) or rules issued + under that Act; + (4) the terms ``covered issuer'' and ``non-inspection + year'' have the meanings given the terms in subsection (i)(1) + of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. + 7214), as added by section 2 of this Act; and + (5) the term ``foreign issuer'' has the meaning given the + term in section 240.3b-4 of title 17, Code of Federal + Regulations, or any successor regulation. + (b) Requirement.--Each covered issuer that is a foreign issuer and +for which, during a non-inspection year with respect to the covered +issuer, a registered public accounting firm described in subsection +(i)(2)(A) of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. +7214), as added by section 2 of this Act, has prepared an audit report +shall disclose in each covered form filed by that issuer that covers +such a non-inspection year-- + (1) that, during the period covered by the covered form, + such a registered public accounting firm has prepared an audit + report for the issuer; + (2) the percentage of the shares of the issuer owned by + governmental entities in the foreign jurisdiction in which the + issuer is incorporated or otherwise organized; + (3) whether governmental entities in the applicable foreign + jurisdiction with respect to that registered public accounting + firm have a controlling financial interest with respect to the + issuer; + (4) the name of each official of the Chinese Communist + Party who is a member of the board of directors of-- + (A) the issuer; or + (B) the operating entity with respect to the + issuer; and + (5) whether the articles of incorporation of the issuer (or + equivalent organizing document) contains any charter of the + Chinese Communist Party, including the text of any such + charter. + + Passed the Senate May 20, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 945 + +_______________________________________________________________________ + + AN ACT + + To amend the Sarbanes-Oxley Act of 2002 to require certain issuers to + disclose to the Securities and Exchange Commission information + regarding foreign jurisdictions that prevent the Public Company +Accounting Oversight Board from performing inspections under that Act, + and for other purposes. From e139d48924c941290ca5de65e7c598ee0c0382bc Mon Sep 17 00:00:00 2001 From: "Sen. Kennedy, John [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 785/984] Senate-945: Enrolled --- bills_text/Senate-945.txt | 298 +++++++++++++++++--------------------- 1 file changed, 134 insertions(+), 164 deletions(-) diff --git a/bills_text/Senate-945.txt b/bills_text/Senate-945.txt index b23f3b5..19e0af5 100644 --- a/bills_text/Senate-945.txt +++ b/bills_text/Senate-945.txt @@ -1,146 +1,135 @@ -116th CONGRESS - 2d Session - S. 945 + S.945 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the Sarbanes-Oxley Act of 2002 to require certain issuers to - disclose to the Securities and Exchange Commission information - regarding foreign jurisdictions that prevent the Public Company -Accounting Oversight Board from performing inspections under that Act, - and for other purposes. +disclose to the Securities and Exchange Commission information regarding + foreign jurisdictions that prevent the Public Company Accounting + Oversight Board from performing inspections under that Act, and for + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Holding Foreign Companies Accountable Act''. - SEC. 2. DISCLOSURE REQUIREMENT. - Section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214) is amended by adding at the end the following: ``(i) Disclosure Regarding Foreign Jurisdictions That Prevent Inspections.-- - ``(1) Definitions.--In this subsection-- - ``(A) the term `covered issuer' means an issuer - that is required to file reports under section 13 or - 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. - 78m, 78o(d)); and - ``(B) the term `non-inspection year' means, with - respect to a covered issuer, a year-- - ``(i) during which the Commission - identifies the covered issuer under paragraph - (2)(A) with respect to every report described - in subparagraph (A) filed by the covered issuer - during that year; and - ``(ii) that begins after the date of - enactment of this subsection. - ``(2) Disclosure to commission.--The Commission shall-- - ``(A) identify each covered issuer that, with - respect to the preparation of the audit report on the - financial statement of the covered issuer that is - included in a report described in paragraph (1)(A) - filed by the covered issuer, retains a registered - public accounting firm that has a branch or office - that-- - ``(i) is located in a foreign jurisdiction; - and - ``(ii) the Board is unable to inspect or - investigate completely because of a position - taken by an authority in the foreign - jurisdiction described in clause (i), as - determined by the Board; and - ``(B) require each covered issuer identified under - subparagraph (A) to, in accordance with the rules - issued by the Commission under paragraph (4), submit to - the Commission documentation that establishes that the - covered issuer is not owned or controlled by a - governmental entity in the foreign jurisdiction - described in subparagraph (A)(i). - ``(3) Trading prohibition after 3 years of non- - inspections.-- - ``(A) In general.--If the Commission determines - that a covered issuer has 3 consecutive non-inspection - years, the Commission shall prohibit the securities of - the covered issuer from being traded-- - ``(i) on a national securities exchange; or - ``(ii) through any other method that is - within the jurisdiction of the Commission to - regulate, including through the method of - trading that is commonly referred to as the - `over-the-counter' trading of securities. - ``(B) Removal of initial prohibition.--If, after - the Commission imposes a prohibition on a covered - issuer under subparagraph (A), the covered issuer - certifies to the Commission that the covered issuer has - retained a registered public accounting firm that the - Board has inspected under this section to the - satisfaction of the Commission, the Commission shall - end that prohibition. - ``(C) Recurrence of non-inspection years.--If, - after the Commission ends a prohibition under - subparagraph (B) or (D) with respect to a covered - issuer, the Commission determines that the covered - issuer has a non-inspection year, the Commission shall - prohibit the securities of the covered issuer from - being traded-- - ``(i) on a national securities exchange; or - ``(ii) through any other method that is - within the jurisdiction of the Commission to - regulate, including through the method of - trading that is commonly referred to as the - `over-the-counter' trading of securities. - ``(D) Removal of subsequent prohibition.--If, after - the end of the 5-year period beginning on the date on - which the Commission imposes a prohibition on a covered - issuer under subparagraph (C), the covered issuer - certifies to the Commission that the covered issuer - will retain a registered public accounting firm that - the Board is able to inspect under this section, the - Commission shall end that prohibition. - ``(4) Rules.--Not later than 90 days after the date of - enactment of this subsection, the Commission shall issue rules - that establish the manner and form in which a covered issuer - shall make a submission required under paragraph (2)(B).''. - + ``(1) Definitions.--In this subsection-- + ``(A) the term `covered issuer' means an issuer that is + required to file reports under section 13 or 15(d) of the + Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); and + ``(B) the term `non-inspection year' means, with respect to + a covered issuer, a year-- + ``(i) during which the Commission identifies the + covered issuer under paragraph (2)(A) with respect to every + report described in subparagraph (A) filed by the covered + issuer during that year; and + ``(ii) that begins after the date of enactment of this + subsection. + ``(2) Disclosure to commission.--The Commission shall-- + ``(A) identify each covered issuer that, with respect to + the preparation of the audit report on the financial statement + of the covered issuer that is included in a report described in + paragraph (1)(A) filed by the covered issuer, retains a + registered public accounting firm that has a branch or office + that-- + ``(i) is located in a foreign jurisdiction; and + ``(ii) the Board is unable to inspect or investigate + completely because of a position taken by an authority in + the foreign jurisdiction described in clause (i), as + determined by the Board; and + ``(B) require each covered issuer identified under + subparagraph (A) to, in accordance with the rules issued by the + Commission under paragraph (4), submit to the Commission + documentation that establishes that the covered issuer is not + owned or controlled by a governmental entity in the foreign + jurisdiction described in subparagraph (A)(i). + ``(3) Trading prohibition after 3 years of non-inspections.-- + ``(A) In general.--If the Commission determines that a + covered issuer has 3 consecutive non-inspection years, the + Commission shall prohibit the securities of the covered issuer + from being traded-- + ``(i) on a national securities exchange; or + ``(ii) through any other method that is within the + jurisdiction of the Commission to regulate, including + through the method of trading that is commonly referred to + as the `over-the-counter' trading of securities. + ``(B) Removal of initial prohibition.--If, after the + Commission imposes a prohibition on a covered issuer under + subparagraph (A), the covered issuer certifies to the + Commission that the covered issuer has retained a registered + public accounting firm that the Board has inspected under this + section to the satisfaction of the Commission, the Commission + shall end that prohibition. + ``(C) Recurrence of non-inspection years.--If, after the + Commission ends a prohibition under subparagraph (B) or (D) + with respect to a covered issuer, the Commission determines + that the covered issuer has a non-inspection year, the + Commission shall prohibit the securities of the covered issuer + from being traded-- + ``(i) on a national securities exchange; or + ``(ii) through any other method that is within the + jurisdiction of the Commission to regulate, including + through the method of trading that is commonly referred to + as the `over-the-counter' trading of securities. + ``(D) Removal of subsequent prohibition.--If, after the end + of the 5-year period beginning on the date on which the + Commission imposes a prohibition on a covered issuer under + subparagraph (C), the covered issuer certifies to the + Commission that the covered issuer will retain a registered + public accounting firm that the Board is able to inspect under + this section, the Commission shall end that prohibition. + ``(4) Rules.--Not later than 90 days after the date of + enactment of this subsection, the Commission shall issue rules that + establish the manner and form in which a covered issuer shall make + a submission required under paragraph (2)(B).''. SEC. 3. ADDITIONAL DISCLOSURE. - (a) Definitions.--In this section-- - (1) the term ``audit report'' has the meaning given the - term in section 2(a) of the Sarbanes-Oxley Act of 2002 (15 - U.S.C. 7201(a)); - (2) the term ``Commission'' means the Securities and - Exchange Commission; - (3) the term ``covered form''-- - (A) means-- - (i) the form described in section 249.310 - of title 17, Code of Federal Regulations, or - any successor regulation; and - (ii) the form described in section 249.220f - of title 17, Code of Federal Regulations, or - any successor regulation; and - (B) includes a form that-- - (i) is the equivalent of, or substantially - similar to, the form described in clause (i) or - (ii) of subparagraph (A); and - (ii) a foreign issuer files with the - Commission under the Securities Exchange Act of - 1934 (15 U.S.C. 78a et seq.) or rules issued - under that Act; - (4) the terms ``covered issuer'' and ``non-inspection - year'' have the meanings given the terms in subsection (i)(1) - of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. - 7214), as added by section 2 of this Act; and - (5) the term ``foreign issuer'' has the meaning given the - term in section 240.3b-4 of title 17, Code of Federal - Regulations, or any successor regulation. + (1) the term ``audit report'' has the meaning given the term in + section 2(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)); + (2) the term ``Commission'' means the Securities and Exchange + Commission; + (3) the term ``covered form''-- + (A) means-- + (i) the form described in section 249.310 of title 17, + Code of Federal Regulations, or any successor regulation; + and + (ii) the form described in section 249.220f of title + 17, Code of Federal Regulations, or any successor + regulation; and + (B) includes a form that-- + (i) is the equivalent of, or substantially similar to, + the form described in clause (i) or (ii) of subparagraph + (A); and + (ii) a foreign issuer files with the Commission under + the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) + or rules issued under that Act; + (4) the terms ``covered issuer'' and ``non-inspection year'' + have the meanings given the terms in subsection (i)(1) of section + 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by + section 2 of this Act; and + (5) the term ``foreign issuer'' has the meaning given the term + in section 240.3b-4 of title 17, Code of Federal Regulations, or + any successor regulation. (b) Requirement.--Each covered issuer that is a foreign issuer and for which, during a non-inspection year with respect to the covered issuer, a registered public accounting firm described in subsection @@ -148,43 +137,24 @@ issuer, a registered public accounting firm described in subsection 7214), as added by section 2 of this Act, has prepared an audit report shall disclose in each covered form filed by that issuer that covers such a non-inspection year-- - (1) that, during the period covered by the covered form, - such a registered public accounting firm has prepared an audit - report for the issuer; - (2) the percentage of the shares of the issuer owned by - governmental entities in the foreign jurisdiction in which the - issuer is incorporated or otherwise organized; - (3) whether governmental entities in the applicable foreign - jurisdiction with respect to that registered public accounting - firm have a controlling financial interest with respect to the - issuer; - (4) the name of each official of the Chinese Communist - Party who is a member of the board of directors of-- - (A) the issuer; or - (B) the operating entity with respect to the - issuer; and - (5) whether the articles of incorporation of the issuer (or - equivalent organizing document) contains any charter of the - Chinese Communist Party, including the text of any such - charter. - - Passed the Senate May 20, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 945 - -_______________________________________________________________________ - - AN ACT - - To amend the Sarbanes-Oxley Act of 2002 to require certain issuers to - disclose to the Securities and Exchange Commission information - regarding foreign jurisdictions that prevent the Public Company -Accounting Oversight Board from performing inspections under that Act, - and for other purposes. + (1) that, during the period covered by the covered form, such a + registered public accounting firm has prepared an audit report for + the issuer; + (2) the percentage of the shares of the issuer owned by + governmental entities in the foreign jurisdiction in which the + issuer is incorporated or otherwise organized; + (3) whether governmental entities in the applicable foreign + jurisdiction with respect to that registered public accounting firm + have a controlling financial interest with respect to the issuer; + (4) the name of each official of the Chinese Communist Party + who is a member of the board of directors of-- + (A) the issuer; or + (B) the operating entity with respect to the issuer; and + (5) whether the articles of incorporation of the issuer (or + equivalent organizing document) contains any charter of the Chinese + Communist Party, including the text of any such charter. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 611b13173721eb0ff8ebcd5f3e1116ebdb180700 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 786/984] Senate-979: Introduced to Senate --- bills_text/Senate-979.txt | 145 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 145 insertions(+) create mode 100644 bills_text/Senate-979.txt diff --git a/bills_text/Senate-979.txt b/bills_text/Senate-979.txt new file mode 100644 index 0000000..bf0eeb5 --- /dev/null +++ b/bills_text/Senate-979.txt @@ -0,0 +1,145 @@ +116th CONGRESS + 1st Session + S. 979 + + To amend the Post-Katrina Emergency Management Reform Act of 2006 to + incorporate the recommendations made by the Government Accountability + Office relating to advance contracts, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 2, 2019 + + Mr. Rubio (for himself, Mr. Johnson, Mr. Peters, and Mr. Tillis) +introduced the following bill; which was read twice and referred to the + Committee on Homeland Security and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend the Post-Katrina Emergency Management Reform Act of 2006 to + incorporate the recommendations made by the Government Accountability + Office relating to advance contracts, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Federal Advance Contracts +Enhancement Act'' or the ``FACE Act''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) the Post-Katrina Emergency Management and Reform Act of + 2006 (Public Law 109-925; 120 Stat. 1394) required the Federal + Emergency Management Agency to establish advance contracts, + which are established prior to disasters and are typically + needed to quickly provide life-sustaining goods and services in + the immediate aftermath of a disaster; + (2) the catastrophic hurricanes and wildfires in the United + States in 2017 highlighted the importance of these advance + contracts in disaster response; + (3) in a report issued by the Government Accountability + Office entitled ``2017 Disaster Contracting: Action Needed to + Better Ensure More Effective Use and Management of Advance + Contracts'', the Government Accountability Office identified a + number of challenges with advance contracts and recommended + actions to improve management by the Federal Emergency + Management Agency of these contracts for future disasters; and + (4) section 691 of the Post-Katrina Emergency Management + Reform Act of 2006 (6 U.S.C. 791) should be amended to + incorporate the recommendations made by the report described in + paragraph (3) to ensure more effective use and management of + advance contracts. + +SEC. 3. FEDERAL EMERGENCY MANAGEMENT AGENCY ADVANCE CONTRACTS. + + (a) In General.--Section 691 of the Post-Katrina Emergency +Management Reform Act of 2006 (6 U.S.C. 791) is amended by adding at +the end the following: + ``(e) Updated Report.--Not later than 180 days after the date of +enactment of this subsection, the Administrator shall submit to the +appropriate committees of Congress an updated report that contains-- + ``(1) the information required in the initial report under + subparagraphs (A) and (B) of subsection (a)(1); and + ``(2) an updated strategy described in subsection (a)(1)(C) + that clearly defines-- + ``(A) the objectives of advance contracts; + ``(B) how advance contracts contribute to disaster + response operations of the Agency; and + ``(C) whether and how advance contracts should be + prioritized in relation to new post-disaster contract + awards. + ``(f) Additional Duties of the Administrator.-- + ``(1) Head of contracting.--The Administrator shall ensure + that the head of contracting activity of the Agency-- + ``(A) not later than 270 days after the date of + enactment of this subsection, updates the Disaster + Contracting Desk Guide of the Agency to provide + specific guidance-- + ``(i) on whether and under what + circumstances contracting officers should + consider using existing advance contracts + entered into in accordance with this section + prior to making new post-disaster contract + awards, and include this guidance in existing + semi-annual training given to contracting + officers; and + ``(ii) for contracting officers to perform + outreach to State and local governments on the + potential benefits of establishing their own + pre-negotiated advance contracts; + ``(B) adheres to hard copy contract file management + requirements in effect to ensure that the files + relating to advance contracts entered into in + accordance with this section are complete and up to + date, whether the files will be transferred into the + Electronic Contract Filing System of the Agency or + remain in hard copy format; + ``(C) notifies contracting officers of the 3-day + time frame requirement for entering completed award + documentation into the contract writing system of the + Agency when executing notice to proceed documentation; + ``(D) not later than 180 days after the date of + enactment of this subsection, revises the reporting + methodology of the Agency to ensure that all disaster + contracts are included in each quarterly report + submitted to the appropriate congressional committees + under this section on disaster contract actions; + ``(E) identifies a single centralized resource + listing advance contracts entered into under this + section and ensures that source is current and up to + date and includes all available advance contracts; and + ``(F) communicates complete and up-to-date + information on available advance contracts to State and + local governments to inform their advance contracting + efforts. + ``(2) Master acquisition planning schedule.--Not later than + 180 days after the date of enactment of this subsection, the + Administrator shall update and implement guidance for program + office and acquisition personnel of the Agency to-- + ``(A) identify acquisition planning time frames and + considerations across the entire acquisition planning + process of the Agency; and + ``(B) clearly communicate the purpose and use of a + master acquisition planning schedule.''. + (b) Report.--The Administrator of the Federal Emergency Management +Agency shall regularly update the appropriate committees of Congress +(as defined in section 602 of the Post-Katrina Emergency Management +Reform Act of 2006 (6 U.S.C. 701)) on the progress of the Federal +Emergency Management Agency in implementing the recommendations of the +Government Accountability Office in the report entitled ``2017 Disaster +Contracting: Action Needed to Better Ensure More Effective Use and +Management of Advance Contracts'', as required under section 691 of the +Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 791), as +amended by subsection (a). + \ No newline at end of file From 75eb0685138cd7c8d6cb683d603e104892ffcfd0 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 787/984] Senate-979: Engrossed in Senate --- bills_text/Senate-979.txt | 46 ++++++++++++++++++++++----------------- 1 file changed, 26 insertions(+), 20 deletions(-) diff --git a/bills_text/Senate-979.txt b/bills_text/Senate-979.txt index bf0eeb5..89802d9 100644 --- a/bills_text/Senate-979.txt +++ b/bills_text/Senate-979.txt @@ -2,25 +2,9 @@ 1st Session S. 979 - To amend the Post-Katrina Emergency Management Reform Act of 2006 to - incorporate the recommendations made by the Government Accountability - Office relating to advance contracts, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - April 2, 2019 - - Mr. Rubio (for himself, Mr. Johnson, Mr. Peters, and Mr. Tillis) -introduced the following bill; which was read twice and referred to the - Committee on Homeland Security and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -75,8 +59,12 @@ appropriate committees of Congress an updated report that contains-- that clearly defines-- ``(A) the objectives of advance contracts; ``(B) how advance contracts contribute to disaster - response operations of the Agency; and - ``(C) whether and how advance contracts should be + response operations of the Agency; + ``(C) how to maximize the award of advance + contracts to small business concerns, as defined in + section 3 of the Small Business Act (15 U.S.C. 632); + and + ``(D) whether and how advance contracts should be prioritized in relation to new post-disaster contract awards. ``(f) Additional Duties of the Administrator.-- @@ -142,4 +130,22 @@ Contracting: Action Needed to Better Ensure More Effective Use and Management of Advance Contracts'', as required under section 691 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 791), as amended by subsection (a). - \ No newline at end of file + + Passed the Senate November 7, 2019. + + Attest: + + Secretary. + 116th CONGRESS + + 1st Session + + S. 979 + +_______________________________________________________________________ + + AN ACT + + To amend the Post-Katrina Emergency Management Reform Act of 2006 to + incorporate the recommendations made by the Government Accountability + Office relating to advance contracts, and for other purposes. From f34538cad1de545192fc66498c33be13d7a0ec46 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 788/984] Senate-979: Enrolled --- bills_text/Senate-979.txt | 214 +++++++++++++++++--------------------- 1 file changed, 97 insertions(+), 117 deletions(-) diff --git a/bills_text/Senate-979.txt b/bills_text/Senate-979.txt index 89802d9..7320cb0 100644 --- a/bills_text/Senate-979.txt +++ b/bills_text/Senate-979.txt @@ -1,125 +1,119 @@ -116th CONGRESS - 1st Session - S. 979 + S.979 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend the Post-Katrina Emergency Management Reform Act of 2006 to + To amend the Post-Katrina Emergency Management Reform Act of 2006 to incorporate the recommendations made by the Government Accountability - Office relating to advance contracts, and for other purposes. + Office relating to advance contracts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Federal Advance Contracts Enhancement Act'' or the ``FACE Act''. - SEC. 2. FINDINGS. - Congress finds that-- - (1) the Post-Katrina Emergency Management and Reform Act of - 2006 (Public Law 109-925; 120 Stat. 1394) required the Federal - Emergency Management Agency to establish advance contracts, - which are established prior to disasters and are typically - needed to quickly provide life-sustaining goods and services in - the immediate aftermath of a disaster; - (2) the catastrophic hurricanes and wildfires in the United - States in 2017 highlighted the importance of these advance - contracts in disaster response; - (3) in a report issued by the Government Accountability - Office entitled ``2017 Disaster Contracting: Action Needed to - Better Ensure More Effective Use and Management of Advance - Contracts'', the Government Accountability Office identified a - number of challenges with advance contracts and recommended - actions to improve management by the Federal Emergency - Management Agency of these contracts for future disasters; and - (4) section 691 of the Post-Katrina Emergency Management - Reform Act of 2006 (6 U.S.C. 791) should be amended to - incorporate the recommendations made by the report described in - paragraph (3) to ensure more effective use and management of - advance contracts. - + (1) the Post-Katrina Emergency Management and Reform Act of + 2006 (Public Law 109-925; 120 Stat. 1394) required the Federal + Emergency Management Agency to establish advance contracts, which + are established prior to disasters and are typically needed to + quickly provide life-sustaining goods and services in the immediate + aftermath of a disaster; + (2) the catastrophic hurricanes and wildfires in the United + States in 2017 highlighted the importance of these advance + contracts in disaster response; + (3) in a report issued by the Government Accountability Office + entitled ``2017 Disaster Contracting: Action Needed to Better + Ensure More Effective Use and Management of Advance Contracts'', + the Government Accountability Office identified a number of + challenges with advance contracts and recommended actions to + improve management by the Federal Emergency Management Agency of + these contracts for future disasters; and + (4) section 691 of the Post-Katrina Emergency Management Reform + Act of 2006 (6 U.S.C. 791) should be amended to incorporate the + recommendations made by the report described in paragraph (3) to + ensure more effective use and management of advance contracts. SEC. 3. FEDERAL EMERGENCY MANAGEMENT AGENCY ADVANCE CONTRACTS. - (a) In General.--Section 691 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 791) is amended by adding at the end the following: ``(e) Updated Report.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall submit to the appropriate committees of Congress an updated report that contains-- - ``(1) the information required in the initial report under - subparagraphs (A) and (B) of subsection (a)(1); and - ``(2) an updated strategy described in subsection (a)(1)(C) - that clearly defines-- - ``(A) the objectives of advance contracts; - ``(B) how advance contracts contribute to disaster - response operations of the Agency; - ``(C) how to maximize the award of advance - contracts to small business concerns, as defined in - section 3 of the Small Business Act (15 U.S.C. 632); - and - ``(D) whether and how advance contracts should be - prioritized in relation to new post-disaster contract - awards. + ``(1) the information required in the initial report under + subparagraphs (A) and (B) of subsection (a)(1); and + ``(2) an updated strategy described in subsection (a)(1)(C) + that clearly defines-- + ``(A) the objectives of advance contracts; + ``(B) how advance contracts contribute to disaster response + operations of the Agency; + ``(C) how to maximize the award of advance contracts to + small business concerns, as defined in section 3 of the Small + Business Act (15 U.S.C. 632); and + ``(D) whether and how advance contracts should be + prioritized in relation to new post-disaster contract awards. ``(f) Additional Duties of the Administrator.-- - ``(1) Head of contracting.--The Administrator shall ensure - that the head of contracting activity of the Agency-- - ``(A) not later than 270 days after the date of - enactment of this subsection, updates the Disaster - Contracting Desk Guide of the Agency to provide - specific guidance-- - ``(i) on whether and under what - circumstances contracting officers should - consider using existing advance contracts - entered into in accordance with this section - prior to making new post-disaster contract - awards, and include this guidance in existing - semi-annual training given to contracting - officers; and - ``(ii) for contracting officers to perform - outreach to State and local governments on the - potential benefits of establishing their own - pre-negotiated advance contracts; - ``(B) adheres to hard copy contract file management - requirements in effect to ensure that the files - relating to advance contracts entered into in - accordance with this section are complete and up to - date, whether the files will be transferred into the - Electronic Contract Filing System of the Agency or - remain in hard copy format; - ``(C) notifies contracting officers of the 3-day - time frame requirement for entering completed award - documentation into the contract writing system of the - Agency when executing notice to proceed documentation; - ``(D) not later than 180 days after the date of - enactment of this subsection, revises the reporting - methodology of the Agency to ensure that all disaster - contracts are included in each quarterly report - submitted to the appropriate congressional committees - under this section on disaster contract actions; - ``(E) identifies a single centralized resource - listing advance contracts entered into under this - section and ensures that source is current and up to - date and includes all available advance contracts; and - ``(F) communicates complete and up-to-date - information on available advance contracts to State and - local governments to inform their advance contracting - efforts. - ``(2) Master acquisition planning schedule.--Not later than - 180 days after the date of enactment of this subsection, the - Administrator shall update and implement guidance for program - office and acquisition personnel of the Agency to-- - ``(A) identify acquisition planning time frames and - considerations across the entire acquisition planning - process of the Agency; and - ``(B) clearly communicate the purpose and use of a - master acquisition planning schedule.''. + ``(1) Head of contracting.--The Administrator shall ensure that + the head of contracting activity of the Agency-- + ``(A) not later than 270 days after the date of enactment + of this subsection, updates the Disaster Contracting Desk Guide + of the Agency to provide specific guidance-- + ``(i) on whether and under what circumstances + contracting officers should consider using existing advance + contracts entered into in accordance with this section + prior to making new post-disaster contract awards, and + include this guidance in existing semi-annual training + given to contracting officers; and + ``(ii) for contracting officers to perform outreach to + State and local governments on the potential benefits of + establishing their own pre-negotiated advance contracts; + ``(B) adheres to hard copy contract file management + requirements in effect to ensure that the files relating to + advance contracts entered into in accordance with this section + are complete and up to date, whether the files will be + transferred into the Electronic Contract Filing System of the + Agency or remain in hard copy format; + ``(C) notifies contracting officers of the 3-day time frame + requirement for entering completed award documentation into the + contract writing system of the Agency when executing notice to + proceed documentation; + ``(D) not later than 180 days after the date of enactment + of this subsection, revises the reporting methodology of the + Agency to ensure that all disaster contracts are included in + each quarterly report submitted to the appropriate + congressional committees under this section on disaster + contract actions; + ``(E) identifies a single centralized resource listing + advance contracts entered into under this section and ensures + that source is current and up to date and includes all + available advance contracts; and + ``(F) communicates complete and up-to-date information on + available advance contracts to State and local governments to + inform their advance contracting efforts. + ``(2) Master acquisition planning schedule.--Not later than 180 + days after the date of enactment of this subsection, the + Administrator shall update and implement guidance for program + office and acquisition personnel of the Agency to-- + ``(A) identify acquisition planning time frames and + considerations across the entire acquisition planning process + of the Agency; and + ``(B) clearly communicate the purpose and use of a master + acquisition planning schedule.''. (b) Report.--The Administrator of the Federal Emergency Management Agency shall regularly update the appropriate committees of Congress (as defined in section 602 of the Post-Katrina Emergency Management @@ -131,21 +125,7 @@ Management of Advance Contracts'', as required under section 691 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 791), as amended by subsection (a). - Passed the Senate November 7, 2019. - - Attest: - - Secretary. - 116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - S. 979 - -_______________________________________________________________________ - - AN ACT - - To amend the Post-Katrina Emergency Management Reform Act of 2006 to - incorporate the recommendations made by the Government Accountability - Office relating to advance contracts, and for other purposes. + Vice President of the United States and + President of the Senate. From a3c85499f466d959a2e973132e29208a32a604d2 Mon Sep 17 00:00:00 2001 From: "Sen. Cortez Masto, Catherine [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 789/984] Senate-982: Introduced to Senate --- bills_text/Senate-982.txt | 279 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 279 insertions(+) create mode 100644 bills_text/Senate-982.txt diff --git a/bills_text/Senate-982.txt b/bills_text/Senate-982.txt new file mode 100644 index 0000000..4eb5dee --- /dev/null +++ b/bills_text/Senate-982.txt @@ -0,0 +1,279 @@ +116th CONGRESS + 1st Session + S. 982 + + To increase intergovernmental coordination to identify and combat + violent crime within Indian lands and of Indians. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 2, 2019 + + Ms. Cortez Masto (for herself, Ms. Murkowski, and Mr. Tester) +introduced the following bill; which was read twice and referred to the + Committee on Indian Affairs + +_______________________________________________________________________ + + A BILL + + + + To increase intergovernmental coordination to identify and combat + violent crime within Indian lands and of Indians. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Not Invisible Act of 2019''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) the National Institute of Justice reports more than 80 + percent of American Indian and Alaska Native men and women have + experienced violence in their lifetimes and more than 34 + percent have experienced violence in the last year; + (2) the National Institute of Justice also estimates that + 56 percent of American Indian and Alaska Native women + experience sexual violence in their lifetimes; + (3) murder is the third leading cause of death among + American Indian and Alaska Native women; + (4) populations that experience chronic unemployment, + homelessness, substance abuse, severe poverty, and high rates + of sexual violence and other crimes are at a higher risk of + trafficking; + (5) American Indian and Alaska Native women and girls + disproportionately experience the above risk factors; + (6) historical trauma has increased the vulnerability of + American Indians and Alaska Natives to trafficking and other + forms of violent crime; + (7) the Department of Justice has identified combating + human trafficking as a priority; and + (8) reliable data on the prevalence of missing Native + people, murdered Native people, and human trafficking within + Indian lands and of American Indians and Alaska Natives is not + available. + +SEC. 3. DEFINITIONS. + + In this Act-- + (1) the term ``Committee'' means the Department of the + Interior and the Department of Justice Joint Advisory Committee + on Reducing Violent Crime Against Native People established + under section 5; + (2) the term ``human trafficking'' means act or practice + described in paragraph (9) or paragraph (10) of section 103 of + the Trafficking Victims Protection Act of 2000 (22 U.S.C. + 7102); + (3) the term ``Indian'' means a member of an Indian tribe; + and + (4) the terms ``Indian lands'' and ``Indian tribe'' have + the meanings given the terms in section 3 of the Native + American Business Development, Trade Promotion, and Tourism Act + of 2000 (25 U.S.C. 4302). + +SEC. 4. COORDINATOR OF FEDERAL EFFORTS TO COMBAT VIOLENCE AGAINST + NATIVE PEOPLE. + + The Secretary of the Interior shall designate an official within +the Office of Justice Services in the Bureau of Indian Affairs who +shall-- + (1) coordinate prevention efforts, grants, and programs + across offices within the Bureau of Indian Affairs and with the + Department of Justice related to the murder of, trafficking of, + and missing Indians, including the Office of Justice Programs, + the Office on Violence Against Women, the Office of Community + Oriented Policing Services, the Office of Tribal Justice, and + other agencies of the Federal Government; + (2) in coordinating efforts, take into account the unique + challenges of combating crime, violence, and human trafficking + faced by tribal communities, tribal law enforcement, Federal + law enforcement, and State and local law enforcement; + (3) work in cooperation with outside organizations with + expertise in working with Indian tribes to provide victim + centered and culturally relevant training to tribal law + enforcement, Indian Health Service health care providers, + tribal community members and businesses, on how to effectively + identify, respond to and report instances of violent crime + within Indian lands and of Indians; and + (4) report directly to the Secretary of the Interior. + +SEC. 5. ESTABLISHMENT OF THE DEPARTMENT OF INTERIOR AND THE DEPARTMENT + OF JUSTICE JOINT ADVISORY COMMITTEE ON REDUCING VIOLENT + CRIME AGAINST NATIVE PEOPLE. + + (a) Establishment.--Not later than 120 days after the date of +enactment of this Act, the Secretary of the Interior, in coordination +with the Attorney General, shall establish and appoint all members of +an advisory committee on violent crime within Indian lands and of +Indians. + (b) Membership.-- + (1) Composition.--The Committee shall be composed of + members whose diverse experience and backgrounds enable them to + provide balanced points of view with regard to the duties of + the Committee. + (2) Selection.--The Secretary of the Interior, in + coordination with the Attorney General, shall appoint the + members to the Committee, including representatives from-- + (A) tribal law enforcement; + (B) the Office of Justice Services of the Bureau of + Indian Affairs; + (C) State and local law enforcement in close + proximity to Indian lands, with a letter of + recommendation from a local tribal chair or tribal law + enforcement officer; + (D) the Federal Bureau of Investigation's victim + services division; + (E) the Department of Justice's Human Trafficking + Prosecution Unit; + (F) the Office of Native American Programs of the + Department of Housing and Urban Development; + (G) the Family Violence Prevention and Services + Program of the Department of Health and Human Services; + (H) a Federal public defender within Indian lands + with a letter of recommendation from a local tribal + chair or tribal law enforcement officer; + (I) a tribal judge with experience in cases related + to missing persons, murder, trafficking, or related + cases; + (J) not fewer than 3 elected leaders of federally + recognized Indian tribes, including 1 elected leader + from a federally recognized Indian tribe located in + Alaska; + (K) health care and mental health practitioners and + counselors and providers with experience in working + with Indian survivors of trafficking and sexual + assault, with a letter of recommendation from a local + tribal chair or tribal law enforcement officer; + (L) Indian advocacy organizations whose primary + clients are Indians, focused on violence against women + and children specifically in Indian lands; + (M) at least 1 Indian survivor of human + trafficking; + (N) at least 1 family member of a missing Indian + person; + (O) at least 1 family member of a murdered Indian + person; + (P) the National Institute of Justice; and + (Q) the Indian Health Service. + (3) Periods of appointment.--Members shall be appointed for + the life of the Committee. + (4) Vacancies.--A vacancy in the Committee shall be filled + in the manner in which the original appointment was made and + shall not affect the powers or duties of the Committee. + (5) Compensation.--Committee members shall serve without + compensation. + (6) Travel expenses.--The Secretary of the Interior, in + coordination with the Attorney General, shall consider the + provision of travel expenses, including per diem, to Committee + members when appropriate. + (c) Duties.-- + (1) Recommendations for the department of interior and + department of justice.--Not later than 18 months after the date + of enactment of this Act, the Committee shall make + recommendations to the Secretary of the Interior and Attorney + General on actions the departments can take to help combat + violent crime against Indians and within Indian lands, + including the development and implementation of-- + (A) successful strategies for identifying, + reporting, and responding to instances of missing + persons, murder, and human trafficking in Indian lands + and of Indians; + (B) recommendations for legislative and + administrative changes necessary to use programs, + properties, or other resources funded or operated by + the Department of the Interior and Department of + Justice to combat the crisis of missing and murdered + Indian people and human trafficking in Indian lands and + of Indians; + (C) recommendations for tracking and reporting data + on instances of missing persons, murder, and human + trafficking in Indian lands and of Indians; + (D) recommendations for addressing staff shortages + and open positions within relevant law enforcement + agencies, including issues related to the hiring and + retention of law enforcement officers; and + (E) recommendations for coordinating tribal, State, + and Federal resources to increase prosecution of + violent crime, including murder and human trafficking + offenses and increase information sharing with tribal + governments on violent crime investigations and + prosecutions in Indian lands that were terminated or + declined. + (2) Best practices and recommendations.-- + (A) In general.--The Committee shall develop + recommended best practices for Indian tribes and + Federal, State, and local law enforcement officials in + close proximity to Indian lands to follow-- + (i) in combatting violent crime, including + missing persons, murder, and human trafficking + within Indian lands and of Indians; and + (ii) to address any gaps in services for + Indian victims of violent crime. + (B) Development.--The best practices shall be based + on multidisciplinary and culturally relevant research, + evidence-based models and programs and should consider + the societal, economic, and other factors that + contribute to violent crime within Indian lands and of + Indians. + (C) Content.--The best practices shall be user- + friendly, culturally responsive in form and delivery, + and include the following: + (i) Sample training materials. + (ii) Sample guidelines and recommendations, + including-- + (I) strategies to collect, + document, and share information across + systems and agencies; + (II) strategies to help agencies + better understand the types of violent + crime, the prevalence of violent crime + in Indian lands and of Indians, and the + degree of victim and family interaction + with multiple systems; and + (III) strategies to improve + coordination between law enforcement, + victim service providers, victim + advocates, and Indian communities to + utilize their positions and resources + in educating critical stakeholder + groups and assisting victims and + families. + (D) Secretarial response.--The Attorney General and + the Secretary of the Interior shall submit a written + response to the recommendations developed by the + Committee to-- + (i) the Committee; + (ii) the Committee on the Judiciary of the + Senate; + (iii) the Committee on Indian Affairs of + the Senate; + (iv) the Committee on Natural Resources of + the House of Representatives; and + (v) the Committee on the Judiciary of the + House of Representatives. + (d) Reports.--Not later than 2 years after the date of enactment of +this Act, the Committee shall-- + (1) submit a report on the action of the Committee + described in subsection (c) that includes the responses of the + Department of the Interior and the Department of Justice to the + recommendations of the Committee to-- + (A) the Committee on Indian Affairs of the Senate; + (B) the Committee on Natural Resources of the House + of Representatives; + (C) the Committee on the Judiciary of the Senate; + and + (D) the Committee on the Judiciary of the House of + Representatives; and + (2) make the report under paragraph (1) publicly available + both in a hard copy and online. + (e) FACA Exemption.--The Committee shall be exempt from the Federal +Advisory Committee Act (5 U.S.C. App.). + \ No newline at end of file From 9f682b02b27acc6743d57165f26d6d0ab8e7fa3b Mon Sep 17 00:00:00 2001 From: "Sen. Cortez Masto, Catherine [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 790/984] Senate-982: Engrossed in Senate --- bills_text/Senate-982.txt | 409 ++++++++++++++++++-------------------- 1 file changed, 193 insertions(+), 216 deletions(-) diff --git a/bills_text/Senate-982.txt b/bills_text/Senate-982.txt index 4eb5dee..0149407 100644 --- a/bills_text/Senate-982.txt +++ b/bills_text/Senate-982.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 982 - To increase intergovernmental coordination to identify and combat - violent crime within Indian lands and of Indians. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - April 2, 2019 - - Ms. Cortez Masto (for herself, Ms. Murkowski, and Mr. Tester) -introduced the following bill; which was read twice and referred to the - Committee on Indian Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -33,224 +18,212 @@ SECTION 1. SHORT TITLE. This Act may be cited as the ``Not Invisible Act of 2019''. -SEC. 2. FINDINGS. - - Congress finds that-- - (1) the National Institute of Justice reports more than 80 - percent of American Indian and Alaska Native men and women have - experienced violence in their lifetimes and more than 34 - percent have experienced violence in the last year; - (2) the National Institute of Justice also estimates that - 56 percent of American Indian and Alaska Native women - experience sexual violence in their lifetimes; - (3) murder is the third leading cause of death among - American Indian and Alaska Native women; - (4) populations that experience chronic unemployment, - homelessness, substance abuse, severe poverty, and high rates - of sexual violence and other crimes are at a higher risk of - trafficking; - (5) American Indian and Alaska Native women and girls - disproportionately experience the above risk factors; - (6) historical trauma has increased the vulnerability of - American Indians and Alaska Natives to trafficking and other - forms of violent crime; - (7) the Department of Justice has identified combating - human trafficking as a priority; and - (8) reliable data on the prevalence of missing Native - people, murdered Native people, and human trafficking within - Indian lands and of American Indians and Alaska Natives is not - available. - -SEC. 3. DEFINITIONS. +SEC. 2. DEFINITIONS. In this Act-- - (1) the term ``Committee'' means the Department of the - Interior and the Department of Justice Joint Advisory Committee - on Reducing Violent Crime Against Native People established - under section 5; + (1) the term ``Commission'' means the Department of the + Interior and the Department of Justice Joint Commission on + Reducing Violent Crime Against Indians under section 4; (2) the term ``human trafficking'' means act or practice described in paragraph (9) or paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); - (3) the term ``Indian'' means a member of an Indian tribe; - and + (3) the term ``Indian'' means a member of an Indian tribe; (4) the terms ``Indian lands'' and ``Indian tribe'' have the meanings given the terms in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act - of 2000 (25 U.S.C. 4302). + of 2000 (25 U.S.C. 4302); and + (5) the terms ``urban centers'' and ``urban Indian + organization'' have the meanings given the terms in section 4 + of the Indian Health Care Improvement Act (25 U.S.C. 1603). -SEC. 4. COORDINATOR OF FEDERAL EFFORTS TO COMBAT VIOLENCE AGAINST +SEC. 3. COORDINATOR OF FEDERAL EFFORTS TO COMBAT VIOLENCE AGAINST NATIVE PEOPLE. - The Secretary of the Interior shall designate an official within -the Office of Justice Services in the Bureau of Indian Affairs who -shall-- + (a) Coordinator Designation.--The Secretary of the Interior shall +designate an official within the Office of Justice Services in the +Bureau of Indian Affairs who shall-- (1) coordinate prevention efforts, grants, and programs - across offices within the Bureau of Indian Affairs and with the - Department of Justice related to the murder of, trafficking of, - and missing Indians, including the Office of Justice Programs, - the Office on Violence Against Women, the Office of Community - Oriented Policing Services, the Office of Tribal Justice, and - other agencies of the Federal Government; - (2) in coordinating efforts, take into account the unique - challenges of combating crime, violence, and human trafficking - faced by tribal communities, tribal law enforcement, Federal - law enforcement, and State and local law enforcement; + related to the murder of, trafficking of, and missing Indians + across Federal agencies, including-- + (A) the Bureau of Indian Affairs; and + (B) the Department of Justice, including-- + (i) the Office of Justice Programs; + (ii) the Office on Violence Against Women; + (iii) the Office of Community Oriented + Policing Services; + (iv) the Federal Bureau of Investigation; + and + (v) the Office of Tribal Justice; + (2) ensure prevention efforts, grants, and programs of + Federal agencies related to the murder of, trafficking of, and + missing Indians consider the unique challenges of combating + crime, violence, and human trafficking of Indians and on Indian + lands faced by Tribal communities, urban centers, the Bureau of + Indian Affairs, Tribal law enforcement, Federal law + enforcement, and State and local law enforcement; (3) work in cooperation with outside organizations with - expertise in working with Indian tribes to provide victim - centered and culturally relevant training to tribal law - enforcement, Indian Health Service health care providers, - tribal community members and businesses, on how to effectively - identify, respond to and report instances of violent crime + expertise in working with Indian tribes and Indian Tribes to + provide victim centered and culturally relevant training to + tribal law enforcement, Indian Health Service health care + providers, urban Indian organizations, Tribal community members + and businesses, on how to effectively identify, respond to and + report instances of missing persons, murder, and trafficking within Indian lands and of Indians; and (4) report directly to the Secretary of the Interior. + (b) Report.--The official designated in subsection (a) shall submit +to the Committee on Indian Affairs and the Committee on the Judiciary +of the Senate and the Committee on Natural Resources and the Committee +on the Judiciary of the House of Representatives a report to provide +information on Federal coordination efforts accomplished over the +previous year that includes-- + (1) a summary of all coordination activities undertaken in + compliance with this section; + (2) a summary of all trainings completed under subsection + (a)(3); and + (3) recommendations for improving coordination across + Federal agencies and of relevant Federal programs. -SEC. 5. ESTABLISHMENT OF THE DEPARTMENT OF INTERIOR AND THE DEPARTMENT - OF JUSTICE JOINT ADVISORY COMMITTEE ON REDUCING VIOLENT - CRIME AGAINST NATIVE PEOPLE. +SEC. 4. ESTABLISHMENT OF THE DEPARTMENT OF INTERIOR AND THE DEPARTMENT + OF JUSTICE JOINT COMMISSION ON REDUCING VIOLENT CRIME + AGAINST INDIANS. (a) Establishment.--Not later than 120 days after the date of enactment of this Act, the Secretary of the Interior, in coordination -with the Attorney General, shall establish and appoint all members of -an advisory committee on violent crime within Indian lands and of -Indians. +with the Attorney General, shall establish and appoint all members of a +joint commission on violent crime on Indian lands and against Indians. (b) Membership.-- - (1) Composition.--The Committee shall be composed of - members whose diverse experience and backgrounds enable them to - provide balanced points of view with regard to the duties of - the Committee. - (2) Selection.--The Secretary of the Interior, in + (1) Composition.-- + (A) In general.--The Commission shall be composed + of members who represent diverse experiences and + backgrounds that provide balanced points of view with + regard to the duties of the Commission. + (B) Diversity.--To the greatest extent practicable, + the Secretary of the Interior shall ensure the + Commission includes Tribal representatives from diverse + geographic areas and of diverse sizes. + (2) Appointment.--The Secretary of the Interior, in coordination with the Attorney General, shall appoint the - members to the Committee, including representatives from-- + members to the Commission, including representatives from-- (A) tribal law enforcement; (B) the Office of Justice Services of the Bureau of Indian Affairs; (C) State and local law enforcement in close proximity to Indian lands, with a letter of - recommendation from a local tribal chair or tribal law - enforcement officer; - (D) the Federal Bureau of Investigation's victim - services division; + recommendation from a local Indian Tribe; + (D) the Victim Services Division of the Federal + Bureau of Investigation; (E) the Department of Justice's Human Trafficking Prosecution Unit; - (F) the Office of Native American Programs of the - Department of Housing and Urban Development; - (G) the Family Violence Prevention and Services - Program of the Department of Health and Human Services; - (H) a Federal public defender within Indian lands - with a letter of recommendation from a local tribal - chair or tribal law enforcement officer; - (I) a tribal judge with experience in cases related - to missing persons, murder, trafficking, or related - cases; - (J) not fewer than 3 elected leaders of federally - recognized Indian tribes, including 1 elected leader - from a federally recognized Indian tribe located in - Alaska; - (K) health care and mental health practitioners and - counselors and providers with experience in working - with Indian survivors of trafficking and sexual - assault, with a letter of recommendation from a local - tribal chair or tribal law enforcement officer; - (L) Indian advocacy organizations whose primary - clients are Indians, focused on violence against women - and children specifically in Indian lands; - (M) at least 1 Indian survivor of human + (F) the Office of Violence Against Women of the + Department of Justice; + (G) the Office of Victims of Crime of the + Department of Justice; + (H) a United States attorney's office with + experience in cases related to missing persons, murder, + or trafficking of Indians or on Indian land; + (I) the Administration for Native Americans of the + Office of the Administration for Children & Families of + the Department of Health and Human Services; + (J) the Substance Abuse and Mental Health Services + Administration of the Department of Health and Human + Services; + (K) a Tribal judge with experience in cases related + to missing persons, murder, or trafficking; + (L) not fewer than 3 Indian Tribes from diverse + geographic areas, including 1 Indian tribe located in + Alaska, selected from nominations submitted by the + Indian Tribe; + (M) not fewer than 2 health care and mental health + practitioners and counselors and providers with + experience in working with Indian survivors of + trafficking and sexual assault, with a letter of + recommendation from a local tribal chair or tribal law + enforcement officer; + (N) not fewer than 3 national, regional, or urban + Indian organizations focused on violence against women + and children on Indian lands or against Indians; + (O) at least 2 Indian survivors of human trafficking; - (N) at least 1 family member of a missing Indian - person; - (O) at least 1 family member of a murdered Indian - person; - (P) the National Institute of Justice; and - (Q) the Indian Health Service. + (P) at least 2 family members of missing Indian + people; + (Q) at least 2 family members of murdered Indian + people; + (R) the National Institute of Justice; and + (S) the Indian Health Service. (3) Periods of appointment.--Members shall be appointed for - the life of the Committee. - (4) Vacancies.--A vacancy in the Committee shall be filled + the duration of the Commission. + (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made and - shall not affect the powers or duties of the Committee. - (5) Compensation.--Committee members shall serve without + shall not affect the powers or duties of the Commission. + (5) Compensation.--Commission members shall serve without compensation. (6) Travel expenses.--The Secretary of the Interior, in coordination with the Attorney General, shall consider the - provision of travel expenses, including per diem, to Committee + provision of travel expenses, including per diem, to Commission members when appropriate. (c) Duties.-- - (1) Recommendations for the department of interior and - department of justice.--Not later than 18 months after the date - of enactment of this Act, the Committee shall make - recommendations to the Secretary of the Interior and Attorney - General on actions the departments can take to help combat - violent crime against Indians and within Indian lands, - including the development and implementation of-- - (A) successful strategies for identifying, - reporting, and responding to instances of missing - persons, murder, and human trafficking in Indian lands - and of Indians; - (B) recommendations for legislative and - administrative changes necessary to use programs, - properties, or other resources funded or operated by - the Department of the Interior and Department of - Justice to combat the crisis of missing and murdered - Indian people and human trafficking in Indian lands and - of Indians; - (C) recommendations for tracking and reporting data - on instances of missing persons, murder, and human - trafficking in Indian lands and of Indians; - (D) recommendations for addressing staff shortages - and open positions within relevant law enforcement - agencies, including issues related to the hiring and - retention of law enforcement officers; and - (E) recommendations for coordinating tribal, State, - and Federal resources to increase prosecution of - violent crime, including murder and human trafficking - offenses and increase information sharing with tribal - governments on violent crime investigations and - prosecutions in Indian lands that were terminated or - declined. - (2) Best practices and recommendations.-- - (A) In general.--The Committee shall develop - recommended best practices for Indian tribes and - Federal, State, and local law enforcement officials in - close proximity to Indian lands to follow-- - (i) in combatting violent crime, including - missing persons, murder, and human trafficking - within Indian lands and of Indians; and - (ii) to address any gaps in services for - Indian victims of violent crime. - (B) Development.--The best practices shall be based - on multidisciplinary and culturally relevant research, - evidence-based models and programs and should consider - the societal, economic, and other factors that - contribute to violent crime within Indian lands and of - Indians. - (C) Content.--The best practices shall be user- - friendly, culturally responsive in form and delivery, - and include the following: - (i) Sample training materials. - (ii) Sample guidelines and recommendations, - including-- - (I) strategies to collect, - document, and share information across - systems and agencies; - (II) strategies to help agencies - better understand the types of violent - crime, the prevalence of violent crime - in Indian lands and of Indians, and the - degree of victim and family interaction - with multiple systems; and - (III) strategies to improve - coordination between law enforcement, - victim service providers, victim - advocates, and Indian communities to - utilize their positions and resources - in educating critical stakeholder - groups and assisting victims and - families. - (D) Secretarial response.--The Attorney General and - the Secretary of the Interior shall submit a written - response to the recommendations developed by the - Committee to-- - (i) the Committee; + (1) In general.--The Commission may hold such hearings, + meet and act at times and places, take such testimony, and + receive such evidence as the Commission considers to be + advisable to carry out the duties of the Commission under this + section. + (2) Recommendations for the department of interior and + department of justice.-- + (A) In general.--The Commission shall develop + recommendations to the Secretary of the Interior and + Attorney General on actions the Federal Government can + take to help combat violent crime against Indians and + within Indian lands, including the development and + implementation of recommendations for-- + (i) identifying, reporting, and responding + to instances of missing persons, murder, and + human trafficking on Indian lands and of + Indians; + (ii) legislative and administrative changes + necessary to use programs, properties, or other + resources funded or operated by the Department + of the Interior and Department of Justice to + combat the crisis of missing or murdered + Indians and human trafficking on Indian lands + and of Indians; + (iii) tracking and reporting data on + instances of missing persons, murder, and human + trafficking on Indian lands and of Indians; + (iv) addressing staff shortages and open + positions within relevant law enforcement + agencies, including issues related to the + hiring and retention of law enforcement + officers; + (v) coordinating tribal, State, and Federal + resources to increase prosecution of murder and + human trafficking offenses on Indian lands and + of Indians; and + (vi) increasing information sharing with + tribal governments on violent crime + investigations and prosecutions in Indian lands + that were terminated or declined. + (B) Submission.--Not later than 18 months after the + enactment of this Act, the Commission shall make + publicly available and submit all recommendations + developed under this paragraph to-- + (i) the Secretary of the Interior; + (ii) the Attorney General; + (iii) the Committee on the Judiciary of the + Senate; + (iv) the Committee on Indian Affairs of the + Senate; + (v) the Committee on Natural Resources of + the House of Representatives; and + (vi) the Committee on the Judiciary of the + House of Representatives. + (C) Secretarial response.--Not later than 90 days + after the date on which the Secretary of the Interior + and the Attorney General receive the recommendations + under paragraph (2), the Secretary and the Attorney + General shall each make publicly available and submit a + written response to the recommendations to-- + (i) the Commission; (ii) the Committee on the Judiciary of the Senate; (iii) the Committee on Indian Affairs of @@ -259,21 +232,25 @@ Indians. the House of Representatives; and (v) the Committee on the Judiciary of the House of Representatives. - (d) Reports.--Not later than 2 years after the date of enactment of -this Act, the Committee shall-- - (1) submit a report on the action of the Committee - described in subsection (c) that includes the responses of the - Department of the Interior and the Department of Justice to the - recommendations of the Committee to-- - (A) the Committee on Indian Affairs of the Senate; - (B) the Committee on Natural Resources of the House - of Representatives; - (C) the Committee on the Judiciary of the Senate; - and - (D) the Committee on the Judiciary of the House of - Representatives; and - (2) make the report under paragraph (1) publicly available - both in a hard copy and online. - (e) FACA Exemption.--The Committee shall be exempt from the Federal -Advisory Committee Act (5 U.S.C. App.). - \ No newline at end of file + (d) FACA Exemption.--The Commission shall be exempt from the +Federal Advisory Committee Act (5 U.S.C. App.). + (e) Sunset.--The Commission shall terminate on the date that is 2 +years after the date of enactment of this Act. + + Passed the Senate March 11, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 982 + +_______________________________________________________________________ + + AN ACT + + To increase intergovernmental coordination to identify and combat + violent crime within Indian lands and of Indians. From 0ead2145862b4ba2b802eea162e70310db95686e Mon Sep 17 00:00:00 2001 From: "Sen. Cortez Masto, Catherine [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 791/984] Senate-982: Enrolled --- bills_text/Senate-982.txt | 410 ++++++++++++++++++-------------------- 1 file changed, 190 insertions(+), 220 deletions(-) diff --git a/bills_text/Senate-982.txt b/bills_text/Senate-982.txt index 0149407..86ff9a5 100644 --- a/bills_text/Senate-982.txt +++ b/bills_text/Senate-982.txt @@ -1,256 +1,226 @@ -116th CONGRESS - 2d Session - S. 982 + S.982 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To increase intergovernmental coordination to identify and combat - violent crime within Indian lands and of Indians. + violent crime within Indian lands and of Indians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Not Invisible Act of 2019''. - SEC. 2. DEFINITIONS. - In this Act-- - (1) the term ``Commission'' means the Department of the - Interior and the Department of Justice Joint Commission on - Reducing Violent Crime Against Indians under section 4; - (2) the term ``human trafficking'' means act or practice - described in paragraph (9) or paragraph (10) of section 103 of - the Trafficking Victims Protection Act of 2000 (22 U.S.C. - 7102); - (3) the term ``Indian'' means a member of an Indian tribe; - (4) the terms ``Indian lands'' and ``Indian tribe'' have - the meanings given the terms in section 3 of the Native - American Business Development, Trade Promotion, and Tourism Act - of 2000 (25 U.S.C. 4302); and - (5) the terms ``urban centers'' and ``urban Indian - organization'' have the meanings given the terms in section 4 - of the Indian Health Care Improvement Act (25 U.S.C. 1603). - + (1) the term ``Commission'' means the Department of the + Interior and the Department of Justice Joint Commission on Reducing + Violent Crime Against Indians under section 4; + (2) the term ``human trafficking'' means act or practice + described in paragraph (9) or paragraph (10) of section 103 of the + Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); + (3) the term ``Indian'' means a member of an Indian tribe; + (4) the terms ``Indian lands'' and ``Indian tribe'' have the + meanings given the terms in section 3 of the Native American + Business Development, Trade Promotion, and Tourism Act of 2000 (25 + U.S.C. 4302); and + (5) the terms ``urban centers'' and ``urban Indian + organization'' have the meanings given the terms in section 4 of + the Indian Health Care Improvement Act (25 U.S.C. 1603). SEC. 3. COORDINATOR OF FEDERAL EFFORTS TO COMBAT VIOLENCE AGAINST - NATIVE PEOPLE. - +NATIVE PEOPLE. (a) Coordinator Designation.--The Secretary of the Interior shall designate an official within the Office of Justice Services in the Bureau of Indian Affairs who shall-- - (1) coordinate prevention efforts, grants, and programs - related to the murder of, trafficking of, and missing Indians - across Federal agencies, including-- - (A) the Bureau of Indian Affairs; and - (B) the Department of Justice, including-- - (i) the Office of Justice Programs; - (ii) the Office on Violence Against Women; - (iii) the Office of Community Oriented - Policing Services; - (iv) the Federal Bureau of Investigation; - and - (v) the Office of Tribal Justice; - (2) ensure prevention efforts, grants, and programs of - Federal agencies related to the murder of, trafficking of, and - missing Indians consider the unique challenges of combating - crime, violence, and human trafficking of Indians and on Indian - lands faced by Tribal communities, urban centers, the Bureau of - Indian Affairs, Tribal law enforcement, Federal law - enforcement, and State and local law enforcement; - (3) work in cooperation with outside organizations with - expertise in working with Indian tribes and Indian Tribes to - provide victim centered and culturally relevant training to - tribal law enforcement, Indian Health Service health care - providers, urban Indian organizations, Tribal community members - and businesses, on how to effectively identify, respond to and - report instances of missing persons, murder, and trafficking - within Indian lands and of Indians; and - (4) report directly to the Secretary of the Interior. + (1) coordinate prevention efforts, grants, and programs related + to the murder of, trafficking of, and missing Indians across + Federal agencies, including-- + (A) the Bureau of Indian Affairs; and + (B) the Department of Justice, including-- + (i) the Office of Justice Programs; + (ii) the Office on Violence Against Women; + (iii) the Office of Community Oriented Policing + Services; + (iv) the Federal Bureau of Investigation; and + (v) the Office of Tribal Justice; + (2) ensure prevention efforts, grants, and programs of Federal + agencies related to the murder of, trafficking of, and missing + Indians consider the unique challenges of combating crime, + violence, and human trafficking of Indians and on Indian lands + faced by Tribal communities, urban centers, the Bureau of Indian + Affairs, Tribal law enforcement, Federal law enforcement, and State + and local law enforcement; + (3) work in cooperation with outside organizations with + expertise in working with Indian tribes and Indian Tribes to + provide victim centered and culturally relevant training to tribal + law enforcement, Indian Health Service health care providers, urban + Indian organizations, Tribal community members and businesses, on + how to effectively identify, respond to and report instances of + missing persons, murder, and trafficking within Indian lands and of + Indians; and + (4) report directly to the Secretary of the Interior. (b) Report.--The official designated in subsection (a) shall submit to the Committee on Indian Affairs and the Committee on the Judiciary of the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives a report to provide information on Federal coordination efforts accomplished over the previous year that includes-- - (1) a summary of all coordination activities undertaken in - compliance with this section; - (2) a summary of all trainings completed under subsection - (a)(3); and - (3) recommendations for improving coordination across - Federal agencies and of relevant Federal programs. - + (1) a summary of all coordination activities undertaken in + compliance with this section; + (2) a summary of all trainings completed under subsection + (a)(3); and + (3) recommendations for improving coordination across Federal + agencies and of relevant Federal programs. SEC. 4. ESTABLISHMENT OF THE DEPARTMENT OF INTERIOR AND THE DEPARTMENT - OF JUSTICE JOINT COMMISSION ON REDUCING VIOLENT CRIME - AGAINST INDIANS. - +OF JUSTICE JOINT COMMISSION ON REDUCING VIOLENT CRIME AGAINST INDIANS. (a) Establishment.--Not later than 120 days after the date of enactment of this Act, the Secretary of the Interior, in coordination with the Attorney General, shall establish and appoint all members of a joint commission on violent crime on Indian lands and against Indians. (b) Membership.-- - (1) Composition.-- - (A) In general.--The Commission shall be composed - of members who represent diverse experiences and - backgrounds that provide balanced points of view with - regard to the duties of the Commission. - (B) Diversity.--To the greatest extent practicable, - the Secretary of the Interior shall ensure the - Commission includes Tribal representatives from diverse - geographic areas and of diverse sizes. - (2) Appointment.--The Secretary of the Interior, in - coordination with the Attorney General, shall appoint the - members to the Commission, including representatives from-- - (A) tribal law enforcement; - (B) the Office of Justice Services of the Bureau of - Indian Affairs; - (C) State and local law enforcement in close - proximity to Indian lands, with a letter of - recommendation from a local Indian Tribe; - (D) the Victim Services Division of the Federal - Bureau of Investigation; - (E) the Department of Justice's Human Trafficking - Prosecution Unit; - (F) the Office of Violence Against Women of the - Department of Justice; - (G) the Office of Victims of Crime of the - Department of Justice; - (H) a United States attorney's office with - experience in cases related to missing persons, murder, - or trafficking of Indians or on Indian land; - (I) the Administration for Native Americans of the - Office of the Administration for Children & Families of - the Department of Health and Human Services; - (J) the Substance Abuse and Mental Health Services - Administration of the Department of Health and Human - Services; - (K) a Tribal judge with experience in cases related - to missing persons, murder, or trafficking; - (L) not fewer than 3 Indian Tribes from diverse - geographic areas, including 1 Indian tribe located in - Alaska, selected from nominations submitted by the - Indian Tribe; - (M) not fewer than 2 health care and mental health - practitioners and counselors and providers with - experience in working with Indian survivors of - trafficking and sexual assault, with a letter of - recommendation from a local tribal chair or tribal law - enforcement officer; - (N) not fewer than 3 national, regional, or urban - Indian organizations focused on violence against women - and children on Indian lands or against Indians; - (O) at least 2 Indian survivors of human - trafficking; - (P) at least 2 family members of missing Indian - people; - (Q) at least 2 family members of murdered Indian - people; - (R) the National Institute of Justice; and - (S) the Indian Health Service. - (3) Periods of appointment.--Members shall be appointed for - the duration of the Commission. - (4) Vacancies.--A vacancy in the Commission shall be filled - in the manner in which the original appointment was made and - shall not affect the powers or duties of the Commission. - (5) Compensation.--Commission members shall serve without - compensation. - (6) Travel expenses.--The Secretary of the Interior, in - coordination with the Attorney General, shall consider the - provision of travel expenses, including per diem, to Commission - members when appropriate. + (1) Composition.-- + (A) In general.--The Commission shall be composed of + members who represent diverse experiences and backgrounds that + provide balanced points of view with regard to the duties of + the Commission. + (B) Diversity.--To the greatest extent practicable, the + Secretary of the Interior shall ensure the Commission includes + Tribal representatives from diverse geographic areas and of + diverse sizes. + (2) Appointment.--The Secretary of the Interior, in + coordination with the Attorney General, shall appoint the members + to the Commission, including representatives from-- + (A) tribal law enforcement; + (B) the Office of Justice Services of the Bureau of Indian + Affairs; + (C) State and local law enforcement in close proximity to + Indian lands, with a letter of recommendation from a local + Indian Tribe; + (D) the Victim Services Division of the Federal Bureau of + Investigation; + (E) the Department of Justice's Human Trafficking + Prosecution Unit; + (F) the Office of Violence Against Women of the Department + of Justice; + (G) the Office of Victims of Crime of the Department of + Justice; + (H) a United States attorney's office with experience in + cases related to missing persons, murder, or trafficking of + Indians or on Indian land; + (I) the Administration for Native Americans of the Office + of the Administration for Children & Families of the Department + of Health and Human Services; + (J) the Substance Abuse and Mental Health Services + Administration of the Department of Health and Human Services; + (K) a Tribal judge with experience in cases related to + missing persons, murder, or trafficking; + (L) not fewer than 3 Indian Tribes from diverse geographic + areas, including 1 Indian tribe located in Alaska, selected + from nominations submitted by the Indian Tribe; + (M) not fewer than 2 health care and mental health + practitioners and counselors and providers with experience in + working with Indian survivors of trafficking and sexual + assault, with a letter of recommendation from a local tribal + chair or tribal law enforcement officer; + (N) not fewer than 3 national, regional, or urban Indian + organizations focused on violence against women and children on + Indian lands or against Indians; + (O) at least 2 Indian survivors of human trafficking; + (P) at least 2 family members of missing Indian people; + (Q) at least 2 family members of murdered Indian people; + (R) the National Institute of Justice; and + (S) the Indian Health Service. + (3) Periods of appointment.--Members shall be appointed for the + duration of the Commission. + (4) Vacancies.--A vacancy in the Commission shall be filled in + the manner in which the original appointment was made and shall not + affect the powers or duties of the Commission. + (5) Compensation.--Commission members shall serve without + compensation. + (6) Travel expenses.--The Secretary of the Interior, in + coordination with the Attorney General, shall consider the + provision of travel expenses, including per diem, to Commission + members when appropriate. (c) Duties.-- - (1) In general.--The Commission may hold such hearings, - meet and act at times and places, take such testimony, and - receive such evidence as the Commission considers to be - advisable to carry out the duties of the Commission under this - section. - (2) Recommendations for the department of interior and - department of justice.-- - (A) In general.--The Commission shall develop - recommendations to the Secretary of the Interior and - Attorney General on actions the Federal Government can - take to help combat violent crime against Indians and - within Indian lands, including the development and - implementation of recommendations for-- - (i) identifying, reporting, and responding - to instances of missing persons, murder, and - human trafficking on Indian lands and of - Indians; - (ii) legislative and administrative changes - necessary to use programs, properties, or other - resources funded or operated by the Department - of the Interior and Department of Justice to - combat the crisis of missing or murdered - Indians and human trafficking on Indian lands - and of Indians; - (iii) tracking and reporting data on - instances of missing persons, murder, and human - trafficking on Indian lands and of Indians; - (iv) addressing staff shortages and open - positions within relevant law enforcement - agencies, including issues related to the - hiring and retention of law enforcement - officers; - (v) coordinating tribal, State, and Federal - resources to increase prosecution of murder and - human trafficking offenses on Indian lands and - of Indians; and - (vi) increasing information sharing with - tribal governments on violent crime - investigations and prosecutions in Indian lands - that were terminated or declined. - (B) Submission.--Not later than 18 months after the - enactment of this Act, the Commission shall make - publicly available and submit all recommendations - developed under this paragraph to-- - (i) the Secretary of the Interior; - (ii) the Attorney General; - (iii) the Committee on the Judiciary of the - Senate; - (iv) the Committee on Indian Affairs of the - Senate; - (v) the Committee on Natural Resources of - the House of Representatives; and - (vi) the Committee on the Judiciary of the - House of Representatives. - (C) Secretarial response.--Not later than 90 days - after the date on which the Secretary of the Interior - and the Attorney General receive the recommendations - under paragraph (2), the Secretary and the Attorney - General shall each make publicly available and submit a - written response to the recommendations to-- - (i) the Commission; - (ii) the Committee on the Judiciary of the - Senate; - (iii) the Committee on Indian Affairs of - the Senate; - (iv) the Committee on Natural Resources of - the House of Representatives; and - (v) the Committee on the Judiciary of the - House of Representatives. + (1) In general.--The Commission may hold such hearings, meet + and act at times and places, take such testimony, and receive such + evidence as the Commission considers to be advisable to carry out + the duties of the Commission under this section. + (2) Recommendations for the department of interior and + department of justice.-- + (A) In general.--The Commission shall develop + recommendations to the Secretary of the Interior and Attorney + General on actions the Federal Government can take to help + combat violent crime against Indians and within Indian lands, + including the development and implementation of recommendations + for-- + (i) identifying, reporting, and responding to instances + of missing persons, murder, and human trafficking on Indian + lands and of Indians; + (ii) legislative and administrative changes necessary + to use programs, properties, or other resources funded or + operated by the Department of the Interior and Department + of Justice to combat the crisis of missing or murdered + Indians and human trafficking on Indian lands and of + Indians; + (iii) tracking and reporting data on instances of + missing persons, murder, and human trafficking on Indian + lands and of Indians; + (iv) addressing staff shortages and open positions + within relevant law enforcement agencies, including issues + related to the hiring and retention of law enforcement + officers; + (v) coordinating tribal, State, and Federal resources + to increase prosecution of murder and human trafficking + offenses on Indian lands and of Indians; and + (vi) increasing information sharing with tribal + governments on violent crime investigations and + prosecutions in Indian lands that were terminated or + declined. + (B) Submission.--Not later than 18 months after the + enactment of this Act, the Commission shall make publicly + available and submit all recommendations developed under this + paragraph to-- + (i) the Secretary of the Interior; + (ii) the Attorney General; + (iii) the Committee on the Judiciary of the Senate; + (iv) the Committee on Indian Affairs of the Senate; + (v) the Committee on Natural Resources of the House of + Representatives; and + (vi) the Committee on the Judiciary of the House of + Representatives. + (C) Secretarial response.--Not later than 90 days after the + date on which the Secretary of the Interior and the Attorney + General receive the recommendations under paragraph (2), the + Secretary and the Attorney General shall each make publicly + available and submit a written response to the recommendations + to-- + (i) the Commission; + (ii) the Committee on the Judiciary of the Senate; + (iii) the Committee on Indian Affairs of the Senate; + (iv) the Committee on Natural Resources of the House of + Representatives; and + (v) the Committee on the Judiciary of the House of + Representatives. (d) FACA Exemption.--The Commission shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (e) Sunset.--The Commission shall terminate on the date that is 2 years after the date of enactment of this Act. - Passed the Senate March 11, 2020. - - Attest: - - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 2d Session - - S. 982 - -_______________________________________________________________________ - - AN ACT - - To increase intergovernmental coordination to identify and combat - violent crime within Indian lands and of Indians. + Vice President of the United States and + President of the Senate. From 330079654cc58455b5354b608e9df842ed3d0e46 Mon Sep 17 00:00:00 2001 From: "Sen. Hawley, Josh [R-MO]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 792/984] Senate-998: Introduced to Senate --- bills_text/Senate-998.txt | 94 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 94 insertions(+) create mode 100644 bills_text/Senate-998.txt diff --git a/bills_text/Senate-998.txt b/bills_text/Senate-998.txt new file mode 100644 index 0000000..b92960e --- /dev/null +++ b/bills_text/Senate-998.txt @@ -0,0 +1,94 @@ +116th CONGRESS + 1st Session + S. 998 + + To amend the Omnibus Crime Control and Safe Streets Act of 1968 to + expand support for police officer family services, stress reduction, + and suicide prevention, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 3, 2019 + +Mr. Hawley (for himself, Mr. Whitehouse, Mr. Tillis, Ms. Klobuchar, Mr. + Durbin, Mr. Leahy, Mrs. Blackburn, Mr. Blumenthal, Mr. Cotton, Mr. +Cornyn, Ms. Hirono, and Mr. Scott of Florida) introduced the following + bill; which was read twice and referred to the Committee on the + Judiciary + +_______________________________________________________________________ + + A BILL + + + + To amend the Omnibus Crime Control and Safe Streets Act of 1968 to + expand support for police officer family services, stress reduction, + and suicide prevention, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Supporting and Treating Officers In +Crisis Act of 2019''. + +SEC. 2. EXPANDING SUPPORT FOR POLICE OFFICER FAMILY SERVICES, STRESS + REDUCTION, AND SUICIDE PREVENTION. + + Part W of title I of the Omnibus Crime Control and Safe Streets Act +of 1968 (34 U.S.C. 10491 et seq.) is amended-- + (1) in the part heading, by striking ``family support'' and + inserting ``support for law enforcement officers and + families''; + (2) in section 2301 (34 U.S.C. 10491)-- + (A) in paragraph (2), by inserting ``, including + any research and reports developed under the Law + Enforcement Mental Health and Wellness Act of 2017 + (Public Law 115-113; 131 Stat. 2276)'' after + ``interested parties''; and + (B) in paragraph (4), by inserting ``, + psychological services, suicide prevention,'' after + ``stress reduction''; + (3) in section 2302 (34 U.S.C. 10492), by inserting ``and + mental health services'' after ``family support services''; and + (4) in section 2303 (34 U.S.C. 10493)-- + (A) in subsection (b)-- + (i) in paragraph (1), by inserting + ``officers and'' after ``law enforcement''; and + (ii) by amending paragraph (4) to read as + follows: + ``(4) Evidence-based programs to reduce stress, prevent + suicide, and promote mental health.''; and + (B) in subsection (c)-- + (i) in paragraph (5), by inserting ``, + mental health crisis, and suicide prevention'' + after ``family crisis''; + (ii) in paragraph (6), by striking ``human + immunodeficiency virus'' and inserting + ``infectious disease''; + (iii) in paragraph (8), by inserting ``, + injured, or permanently disabled'' after + ``killed''; and + (iv) by striking paragraph (10) and + inserting the following: + ``(10) Specialized training for identifying, reporting, and + responding to officer mental health crises and suicide. + ``(11) Technical assistance and training to support any or + all of the services described in paragraphs (1) through + (10).''. + +SEC. 3. REAUTHORIZING GRANT PROGRAMS FOR SUPPORTING LAW ENFORCEMENT + OFFICERS AND FAMILIES. + + Section 1001(a)(21) of title I of the Omnibus Crime Control and +Safe Streets Act of 1968 (34 U.S.C. 10261(a)(21)) is amended to read as +follows: + ``(21) There are authorized to be appropriated to carry out part W, +$7,500,000 for each of fiscal years 2020 through 2024.''. + \ No newline at end of file From 93db4e365f1438bf9114c61f219dfb5501f2f738 Mon Sep 17 00:00:00 2001 From: "Sen. Hawley, Josh [R-MO]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 793/984] Senate-998: Engrossed in Senate --- bills_text/Senate-998.txt | 44 +++++++++++++++++++-------------------- 1 file changed, 22 insertions(+), 22 deletions(-) diff --git a/bills_text/Senate-998.txt b/bills_text/Senate-998.txt index b92960e..3f7c851 100644 --- a/bills_text/Senate-998.txt +++ b/bills_text/Senate-998.txt @@ -2,27 +2,9 @@ 1st Session S. 998 - To amend the Omnibus Crime Control and Safe Streets Act of 1968 to - expand support for police officer family services, stress reduction, - and suicide prevention, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - April 3, 2019 - -Mr. Hawley (for himself, Mr. Whitehouse, Mr. Tillis, Ms. Klobuchar, Mr. - Durbin, Mr. Leahy, Mrs. Blackburn, Mr. Blumenthal, Mr. Cotton, Mr. -Cornyn, Ms. Hirono, and Mr. Scott of Florida) introduced the following - bill; which was read twice and referred to the Committee on the - Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -69,8 +51,8 @@ of 1968 (34 U.S.C. 10491 et seq.) is amended-- (i) in paragraph (5), by inserting ``, mental health crisis, and suicide prevention'' after ``family crisis''; - (ii) in paragraph (6), by striking ``human - immunodeficiency virus'' and inserting + (ii) in paragraph (6), by striking ``the + human immunodeficiency virus'' and inserting ``infectious disease''; (iii) in paragraph (8), by inserting ``, injured, or permanently disabled'' after @@ -91,4 +73,22 @@ Safe Streets Act of 1968 (34 U.S.C. 10261(a)(21)) is amended to read as follows: ``(21) There are authorized to be appropriated to carry out part W, $7,500,000 for each of fiscal years 2020 through 2024.''. - \ No newline at end of file + + Passed the Senate May 16, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 998 + +_______________________________________________________________________ + + AN ACT + + To amend the Omnibus Crime Control and Safe Streets Act of 1968 to + expand support for police officer family services, stress reduction, + and suicide prevention, and for other purposes. From 7b5e18be22db8f124606a92fa26e556c4e8f2e42 Mon Sep 17 00:00:00 2001 From: "Sen. Hawley, Josh [R-MO]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 794/984] Senate-998: Enrolled --- bills_text/Senate-998.txt | 126 ++++++++++++++++---------------------- 1 file changed, 54 insertions(+), 72 deletions(-) diff --git a/bills_text/Senate-998.txt b/bills_text/Senate-998.txt index 3f7c851..940a77a 100644 --- a/bills_text/Senate-998.txt +++ b/bills_text/Senate-998.txt @@ -1,94 +1,76 @@ -116th CONGRESS - 1st Session - S. 998 + S.998 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To amend the Omnibus Crime Control and Safe Streets Act of 1968 to - expand support for police officer family services, stress reduction, - and suicide prevention, and for other purposes. + To amend the Omnibus Crime Control and Safe Streets Act of 1968 to +expand support for police officer family services, stress reduction, and + suicide prevention, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Supporting and Treating Officers In Crisis Act of 2019''. - SEC. 2. EXPANDING SUPPORT FOR POLICE OFFICER FAMILY SERVICES, STRESS - REDUCTION, AND SUICIDE PREVENTION. - +REDUCTION, AND SUICIDE PREVENTION. Part W of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10491 et seq.) is amended-- - (1) in the part heading, by striking ``family support'' and - inserting ``support for law enforcement officers and - families''; - (2) in section 2301 (34 U.S.C. 10491)-- - (A) in paragraph (2), by inserting ``, including - any research and reports developed under the Law - Enforcement Mental Health and Wellness Act of 2017 - (Public Law 115-113; 131 Stat. 2276)'' after - ``interested parties''; and - (B) in paragraph (4), by inserting ``, - psychological services, suicide prevention,'' after - ``stress reduction''; - (3) in section 2302 (34 U.S.C. 10492), by inserting ``and - mental health services'' after ``family support services''; and - (4) in section 2303 (34 U.S.C. 10493)-- - (A) in subsection (b)-- - (i) in paragraph (1), by inserting - ``officers and'' after ``law enforcement''; and - (ii) by amending paragraph (4) to read as - follows: - ``(4) Evidence-based programs to reduce stress, prevent - suicide, and promote mental health.''; and - (B) in subsection (c)-- - (i) in paragraph (5), by inserting ``, - mental health crisis, and suicide prevention'' - after ``family crisis''; - (ii) in paragraph (6), by striking ``the - human immunodeficiency virus'' and inserting - ``infectious disease''; - (iii) in paragraph (8), by inserting ``, - injured, or permanently disabled'' after - ``killed''; and - (iv) by striking paragraph (10) and - inserting the following: - ``(10) Specialized training for identifying, reporting, and - responding to officer mental health crises and suicide. - ``(11) Technical assistance and training to support any or - all of the services described in paragraphs (1) through - (10).''. - + (1) in the part heading, by striking ``family support'' and + inserting ``support for law enforcement officers and families''; + (2) in section 2301 (34 U.S.C. 10491)-- + (A) in paragraph (2), by inserting ``, including any + research and reports developed under the Law Enforcement Mental + Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. + 2276)'' after ``interested parties''; and + (B) in paragraph (4), by inserting ``, psychological + services, suicide prevention,'' after ``stress reduction''; + (3) in section 2302 (34 U.S.C. 10492), by inserting ``and + mental health services'' after ``family support services''; and + (4) in section 2303 (34 U.S.C. 10493)-- + (A) in subsection (b)-- + (i) in paragraph (1), by inserting ``officers and'' + after ``law enforcement''; and + (ii) by amending paragraph (4) to read as follows: + ``(4) Evidence-based programs to reduce stress, prevent + suicide, and promote mental health.''; and + (B) in subsection (c)-- + (i) in paragraph (5), by inserting ``, mental health + crisis, and suicide prevention'' after ``family crisis''; + (ii) in paragraph (6), by striking ``the human + immunodeficiency virus'' and inserting ``infectious + disease''; + (iii) in paragraph (8), by inserting ``, injured, or + permanently disabled'' after ``killed''; and + (iv) by striking paragraph (10) and inserting the + following: + ``(10) Specialized training for identifying, reporting, and + responding to officer mental health crises and suicide. + ``(11) Technical assistance and training to support any or all + of the services described in paragraphs (1) through (10).''. SEC. 3. REAUTHORIZING GRANT PROGRAMS FOR SUPPORTING LAW ENFORCEMENT - OFFICERS AND FAMILIES. - +OFFICERS AND FAMILIES. Section 1001(a)(21) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(21)) is amended to read as follows: ``(21) There are authorized to be appropriated to carry out part W, $7,500,000 for each of fiscal years 2020 through 2024.''. - Passed the Senate May 16, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 998 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend the Omnibus Crime Control and Safe Streets Act of 1968 to - expand support for police officer family services, stress reduction, - and suicide prevention, and for other purposes. + Vice President of the United States and + President of the Senate. From bee945d7d348e032c2c6c437c4b18c1d041a4bb6 Mon Sep 17 00:00:00 2001 From: "Sen. Duckworth, Tammy [D-IL]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 795/984] Senate-1014: Introduced to Senate --- bills_text/Senate-1014.txt | 294 +++++++++++++++++++++++++++++++++++++ 1 file changed, 294 insertions(+) create mode 100644 bills_text/Senate-1014.txt diff --git a/bills_text/Senate-1014.txt b/bills_text/Senate-1014.txt new file mode 100644 index 0000000..55cc17f --- /dev/null +++ b/bills_text/Senate-1014.txt @@ -0,0 +1,294 @@ +116th CONGRESS + 1st Session + S. 1014 + + To establish the Route 66 Centennial Commission, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 3, 2019 + + Ms. Duckworth (for herself and Mr. Inhofe) introduced the following +bill; which was read twice and referred to the Committee on Environment + and Public Works + +_______________________________________________________________________ + + A BILL + + + + To establish the Route 66 Centennial Commission, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Route 66 Centennial Commission +Act''. + +SEC. 2. FINDINGS. + + Congress finds that-- + (1) Route 66 was the first all-paved highway in the United + States under the United States Highway System connecting the + Midwest to California, and has played a major role in the + history of the United States; + (2) Route 66 was the symbol of opportunity for hundreds of + thousands of people seeking escape from the Dust Bowl in the + 1930s, serving as a ``road to opportunity'' in the West, and + providing employment during the Great Depression, as thousands + were put to work on road crews to pave the road; + (3) Route 66 was invaluable in transporting troops, + equipment, and supplies across the country to the West, where + the Federal Government established multiple industries and + military bases during World War II, and on the conclusion of + the war in 1945, Route 66 was a key route taken by thousands of + troops as they returned home; + (4) Route 66 symbolized the positive outlook of the United + States during the postwar economic recovery in the 1950s and + 1960s, serving as an icon of free-spirited independence and + linking people across the United States; + (5) during the 1950s and 1960s, the tourist industry along + Route 66 grew tremendously, giving rise to countless tourist + courts, motels, service stations, garages, and diners; + (6) since June 27, 1985, when Route 66 was decommissioned + as a Federal highway, the popularity and mythical stature of + Route 66 has grown domestically and internationally, as the + road has experienced a rebirth of interest and support; and + (7) the year 2026 will be the centennial anniversary of + Route 66, and a commission should be established to study and + recommend in a report to Congress activities that are fitting + and proper to celebrate that anniversary in a manner that + appropriately honors the Mother Road of the United States. + +SEC. 3. ESTABLISHMENT. + + There is established a commission to be known as the ``Route 66 +Centennial Commission'' (referred to in this Act as the +``Commission''). + +SEC. 4. DUTIES. + + The Commission shall-- + (1) plan, develop a list of, and carry out such activities + as the Commission determines to be appropriate to honor Route + 66 on the occasion of its centennial anniversary; + (2) provide advice and assistance to Federal, State, and + local governmental agencies and civic groups in carrying out + activities to honor Route 66 on the occasion of its centennial + anniversary; + (3) recommend activities that may be carried out by the + Federal Government to honor Route 66 on the occasion of its + centennial anniversary; and + (4) submit to Congress reports pursuant to section 8. + +SEC. 5. MEMBERSHIP. + + (a) Number and Appointment.--The Commission shall be composed of 15 +members appointed as follows: + (1) 3 members, each of whom shall be an eligible individual + described in subsection (b), appointed by the President on the + recommendation of the Secretary of Transportation. + (2) 1 member, who shall be an eligible individual described + in subsection (b), appointed by the President on the + recommendation of the Governor of Illinois. + (3) 1 member, who shall be an eligible individual described + in subsection (b), appointed by the President on the + recommendation of the Governor of Missouri. + (4) 1 member, who shall be an eligible individual described + in subsection (b), appointed by the President on the + recommendation of the Governor of Kansas. + (5) 1 member, who shall be an eligible individual described + in subsection (b), appointed by the President on the + recommendation of the Governor of Oklahoma. + (6) 1 member, who shall be an eligible individual described + in subsection (b), appointed by the President on the + recommendation of the Governor of Texas. + (7) 1 member, who shall be an eligible individual described + in subsection (b), appointed by the President on the + recommendation of the Governor of New Mexico. + (8) 1 member, who shall be an eligible individual described + in subsection (b), appointed by the President on the + recommendation of the Governor of Arizona. + (9) 1 member, who shall be an eligible individual described + in subsection (b), appointed by the President on the + recommendation of the Governor of California. + (10) 1 member, who shall be an eligible individual + described in subsection (b), appointed by the Speaker of the + House of Representatives. + (11) 1 member, who shall be an eligible individual + described in subsection (b), appointed by the Minority Leader + of the House of Representatives. + (12) 1 member, who shall be an eligible individual + described in subsection (b), appointed by the Majority Leader + of the Senate. + (13) 1 member, who shall be an eligible individual + described in subsection (b), appointed by the Minority Leader + of the Senate. + (b) Eligible Individual.--An eligible individual referred to in +subsection (a) is an individual with-- + (1) a demonstrated dedication to educating others about the + importance of historical figures and events; and + (2) substantial knowledge and appreciation of Route 66. + (c) Time of Appointment.--Each initial appointment of a member of +the Commission shall be made before the expiration of the 120-day +period beginning on the date of enactment of this Act. + (d) Terms.--Each member shall be appointed for the life of the +Commission. + (e) Vacancies.--A vacancy in the Commission shall not affect the +powers of the Commission but shall be filled in the manner in which the +original appointment was made. + (f) Basic Pay.--Members shall serve on the Commission without pay. + (g) Travel Expenses.--Each member shall receive travel expenses, +including per diem in lieu of subsistence, in accordance with sections +5702 and 5703 of title 5, United States Code. + (h) Quorum.--7 members of the Commission shall constitute a quorum, +but a lesser number may hold hearings. + (i) Chair and Vice Chair.--The Commission shall select a Chair and +Vice Chair from among the members of the Commission. + (j) Meetings.-- + (1) In general.--The Commission shall meet at the call of + the Chair. + (2) Location.-- + (A) In general.--Except as provided in subparagraph + (B), each meeting and hearing of the Commission shall + be held in a location along the Route 66 corridor. + (B) Exception.--The Commission may hold a meeting + or hearing in a location that is not along the Route 66 + corridor if, in the determination of the Commission, + holding the meeting or hearing in that location is + necessary to accomplish the duties of the Commission. + +SEC. 6. DIRECTOR AND STAFF. + + (a) Director.--The Commission may appoint and fix the pay of a +Director and such additional personnel as the Commission considers to +be appropriate. + (b) Applicability of Certain Civil Service Laws.-- + (1) Director.--The Director of the Commission shall-- + (A) be appointed subject to the provisions of title + 5, United States Code, governing appointments in the + competitive service; and + (B) be paid at a rate not to exceed the rate + payable for level IV of the Executive Schedule under + section 5315 of title 5, United States Code. + (2) Staff.--The staff of the Commission shall-- + (A) be appointed subject to the provisions of title + 5, United States Code, governing appointments in the + competitive service; and + (B) be paid in accordance with the provisions of + chapter 51 and subchapter III of chapter 53 of title 5, + United States Code, relating to classification and + General Schedule pay rates. + +SEC. 7. POWERS. + + (a) Hearings and Sessions.--The Commission may hold such hearings, +sit and act at such times and places, take such testimony, and receive +such evidence as the Commission considers to be appropriate to carry +out this Act. + (b) Powers of Members and Agents.--Any member or agent of the +Commission may, if authorized by the Commission, take any action that +the Commission is authorized to take under this Act. + (c) Obtaining Official Data.-- + (1) In general.--The Commission may secure directly from + any Federal department or agency information necessary to + enable the Commission to carry out this Act. + (2) Requirement.--Subject to paragraph (3), on request of + the Chair of the Commission, the head of a Federal department + or agency shall provide to the Commission the requested + information. + (3) Exception.--Nothing in this subsection shall require + any Federal department or agency to produce records that are + subject to a common law evidentiary privilege. + (d) Mails.--The Commission may use the United States mails in the +same manner and under the same conditions as other Federal departments +and agencies. + (e) Administrative Support Services.-- + (1) In general.--On the request of the Commission, the + Administrator of General Services shall provide to the + Commission, on a reimbursable basis, the administrative support + services necessary for the Commission to carry out this Act. + (2) Detailees.-- + (A) In general.--At the request of the Commission, + the head of any Federal agency or department may detail + to the Commission, on a reimbursable basis, any + employee of the agency or department. + (B) Civil service status.--The detail of an + employee under subparagraph (A) shall be without + interruption or loss of civil service status or + privilege. + (f) Gifts.--The Commission may accept, use, and dispose of gifts, +grants, bequests, or devises of money, services, or property from any +public or private source for the purpose of covering the costs incurred +by the Commission in carrying out this Act. + +SEC. 8. REPORTS. + + (a) Interim Reports.--The Commission may submit to Congress such +interim reports as the Commission considers to be appropriate. + (b) Comprehensive Report.-- + (1) In general.--Not later than 5 years after the date of + enactment of this Act, the Commission shall submit to the + President and Congress a report that includes specific + recommendations for the commemoration of the centennial of + Route 66 and related events. + (2) Contents of report.--The report under paragraph (1)-- + (A) shall include recommendations for the + allocation of financial and administrative + responsibility among the public and private authorities + and organizations recommended for participation by the + Commission; and + (B) may recommend activities such as-- + (i) the production, publication, and + distribution of books, pamphlets, films, + electronic publications, and other educational + materials focusing on the history and impact of + Route 66 on the United States and the world; + (ii) bibliographical and documentary + projects, publications, and electronic + resources; + (iii) conferences, convocations, lectures, + seminars, and other programs; + (iv) the development of programs by and for + libraries, museums, parks, and historic sites, + including national traveling exhibitions; + (v) ceremonies and celebrations + commemorating specific events; + (vi) the production, distribution, and + performance of artistic works, and of programs + and activities, focusing on the national and + international significance of Route 66; and + (vii) the issuance of commemorative coins, + medals, certificates of recognition, and + postage stamps. + (c) Final Report.--The Commission shall submit to the President and +Congress a final report by not later than 90 days before the +termination of the Commission under section 9. + +SEC. 9. TERMINATION. + + The Commission shall terminate not later than June 30, 2027. + +SEC. 10. CLARIFICATION REGARDING FUNDING. + + (a) In General.--No additional funds are authorized to carry out +the requirements of this Act. + (b) Use of Existing Funds.-- + (1) In general.--The requirements of this Act may be + carried out using amounts made available to the Secretary of + Transportation and not otherwise obligated, from accounts + identified pursuant to paragraph (2). + (2) Identification of existing funds.--The Secretary of + Transportation shall identify any accounts of the Secretary + from which the Secretary could use funds available in that + account and not otherwise obligated to carry out this Act. + \ No newline at end of file From 0bc1d61cfbc69760d6644fe0861e846a35373482 Mon Sep 17 00:00:00 2001 From: "Sen. Duckworth, Tammy [D-IL]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 796/984] Senate-1014: Engrossed in Senate --- bills_text/Senate-1014.txt | 304 ++++++++++++++++--------------------- 1 file changed, 134 insertions(+), 170 deletions(-) diff --git a/bills_text/Senate-1014.txt b/bills_text/Senate-1014.txt index 55cc17f..eec1323 100644 --- a/bills_text/Senate-1014.txt +++ b/bills_text/Senate-1014.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 1014 - To establish the Route 66 Centennial Commission, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - April 3, 2019 - - Ms. Duckworth (for herself and Mr. Inhofe) introduced the following -bill; which was read twice and referred to the Committee on Environment - and Public Works - _______________________________________________________________________ - A BILL + AN ACT @@ -37,33 +22,14 @@ Act''. SEC. 2. FINDINGS. Congress finds that-- - (1) Route 66 was the first all-paved highway in the United - States under the United States Highway System connecting the - Midwest to California, and has played a major role in the - history of the United States; - (2) Route 66 was the symbol of opportunity for hundreds of - thousands of people seeking escape from the Dust Bowl in the - 1930s, serving as a ``road to opportunity'' in the West, and - providing employment during the Great Depression, as thousands - were put to work on road crews to pave the road; - (3) Route 66 was invaluable in transporting troops, - equipment, and supplies across the country to the West, where - the Federal Government established multiple industries and - military bases during World War II, and on the conclusion of - the war in 1945, Route 66 was a key route taken by thousands of - troops as they returned home; - (4) Route 66 symbolized the positive outlook of the United - States during the postwar economic recovery in the 1950s and - 1960s, serving as an icon of free-spirited independence and - linking people across the United States; - (5) during the 1950s and 1960s, the tourist industry along - Route 66 grew tremendously, giving rise to countless tourist - courts, motels, service stations, garages, and diners; - (6) since June 27, 1985, when Route 66 was decommissioned - as a Federal highway, the popularity and mythical stature of - Route 66 has grown domestically and internationally, as the - road has experienced a rebirth of interest and support; and - (7) the year 2026 will be the centennial anniversary of + (1) Route 66 was the first all-weather highway in the + United States connecting the Midwest to California, and has + played a major role in the history of the United States; + (2) Route 66 has become a symbol of the heritage of travel + and the legacy of seeking a better life shared by the people of + the United States, and has been enshrined in the popular + culture of the United States; and + (3) the year 2026 will be the centennial anniversary of Route 66, and a commission should be established to study and recommend in a report to Congress activities that are fitting and proper to celebrate that anniversary in a manner that @@ -78,61 +44,70 @@ Centennial Commission'' (referred to in this Act as the SEC. 4. DUTIES. The Commission shall-- - (1) plan, develop a list of, and carry out such activities - as the Commission determines to be appropriate to honor Route - 66 on the occasion of its centennial anniversary; - (2) provide advice and assistance to Federal, State, and - local governmental agencies and civic groups in carrying out - activities to honor Route 66 on the occasion of its centennial - anniversary; - (3) recommend activities that may be carried out by the - Federal Government to honor Route 66 on the occasion of its - centennial anniversary; and - (4) submit to Congress reports pursuant to section 8. + (1) study activities that may be carried out by the Federal + Government to determine whether the activities are fitting and + proper to honor Route 66 on the occasion of the centennial + anniversary of Route 66, including activities such as-- + (A) the issuance of commemorative coins, medals, + certificates of recognition, and postage stamps; + (B) ceremonies and celebrations commemorating + specific events; and + (C) the production, publication, and distribution + of books, pamphlets, films, electronic publications, + and other educational materials; and + (2) recommend to Congress-- + (A) the activities that the Commission considers + most fitting and proper to honor Route 66 on the + occasion described in paragraph (1); and + (B) 1 or more entities in the Federal Government + that the Commission considers most appropriate to carry + out those activities. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed as follows: (1) 3 members, each of whom shall be an eligible individual - described in subsection (b), appointed by the President on the - recommendation of the Secretary of Transportation. + described in subsection (b), appointed by the President based + on the recommendation of the Secretary of Transportation. (2) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President on the + in subsection (b), appointed by the President based on the recommendation of the Governor of Illinois. (3) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President on the + in subsection (b), appointed by the President based on the recommendation of the Governor of Missouri. (4) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President on the + in subsection (b), appointed by the President based on the recommendation of the Governor of Kansas. (5) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President on the + in subsection (b), appointed by the President based on the recommendation of the Governor of Oklahoma. (6) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President on the + in subsection (b), appointed by the President based on the recommendation of the Governor of Texas. (7) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President on the + in subsection (b), appointed by the President based on the recommendation of the Governor of New Mexico. (8) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President on the + in subsection (b), appointed by the President based on the recommendation of the Governor of Arizona. (9) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President on the + in subsection (b), appointed by the President based on the recommendation of the Governor of California. (10) 1 member, who shall be an eligible individual - described in subsection (b), appointed by the Speaker of the - House of Representatives. + described in subsection (b), appointed by the President based + on the recommendation of the Speaker of the House of + Representatives. (11) 1 member, who shall be an eligible individual - described in subsection (b), appointed by the Minority Leader - of the House of Representatives. + described in subsection (b), appointed by the President based + on the recommendation of the Minority Leader of the House of + Representatives. (12) 1 member, who shall be an eligible individual - described in subsection (b), appointed by the Majority Leader - of the Senate. + described in subsection (b), appointed by the President based + on the recommendation of the Majority Leader of the Senate. (13) 1 member, who shall be an eligible individual - described in subsection (b), appointed by the Minority Leader - of the Senate. + described in subsection (b), appointed by the President based + on the recommendation of the Minority Leader of the Senate. (b) Eligible Individual.--An eligible individual referred to in subsection (a) is an individual with-- (1) a demonstrated dedication to educating others about the @@ -154,18 +129,7 @@ including per diem in lieu of subsistence, in accordance with sections but a lesser number may hold hearings. (i) Chair and Vice Chair.--The Commission shall select a Chair and Vice Chair from among the members of the Commission. - (j) Meetings.-- - (1) In general.--The Commission shall meet at the call of - the Chair. - (2) Location.-- - (A) In general.--Except as provided in subparagraph - (B), each meeting and hearing of the Commission shall - be held in a location along the Route 66 corridor. - (B) Exception.--The Commission may hold a meeting - or hearing in a location that is not along the Route 66 - corridor if, in the determination of the Commission, - holding the meeting or hearing in that location is - necessary to accomplish the duties of the Commission. + (j) Meetings.--The Commission shall meet at the call of the Chair. SEC. 6. DIRECTOR AND STAFF. @@ -174,20 +138,31 @@ Director and such additional personnel as the Commission considers to be appropriate. (b) Applicability of Certain Civil Service Laws.-- (1) Director.--The Director of the Commission shall-- - (A) be appointed subject to the provisions of title - 5, United States Code, governing appointments in the - competitive service; and - (B) be paid at a rate not to exceed the rate - payable for level IV of the Executive Schedule under - section 5315 of title 5, United States Code. + (A) be appointed without regard to the provisions + of title 5, United States Code, governing appointments + in the competitive service; and + (B) be paid without regard to the provisions of + chapter 51 and subchapter III of chapter 53 of title 5, + United States Code, relating to classification and + General Schedule pay rates, except that the rate of pay + for the Director may not exceed the rate payable for + level IV of the Executive Schedule under section 5315 + of that title. (2) Staff.--The staff of the Commission shall-- - (A) be appointed subject to the provisions of title - 5, United States Code, governing appointments in the - competitive service; and - (B) be paid in accordance with the provisions of + (A) be appointed without regard to the provisions + of title 5, United States Code, governing appointments + in the competitive service; and + (B) be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. + (c) Source of Compensation.--In accordance with section 10-- + (1) no Federal funds may be expended to compensate a + Director or staff member of the Commission under this section; + and + (2) any compensation paid to a Director or any staff of the + Commission appointed under this section shall be derived solely + from donated funds. SEC. 7. POWERS. @@ -198,34 +173,42 @@ out this Act. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this Act. - (c) Obtaining Official Data.-- - (1) In general.--The Commission may secure directly from - any Federal department or agency information necessary to - enable the Commission to carry out this Act. - (2) Requirement.--Subject to paragraph (3), on request of - the Chair of the Commission, the head of a Federal department - or agency shall provide to the Commission the requested - information. - (3) Exception.--Nothing in this subsection shall require - any Federal department or agency to produce records that are - subject to a common law evidentiary privilege. - (d) Mails.--The Commission may use the United States mails in the + (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. - (e) Administrative Support Services.-- + (d) Administrative Support Services.-- (1) In general.--On the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out this Act. (2) Detailees.-- - (A) In general.--At the request of the Commission, - the head of any Federal agency or department may detail - to the Commission, on a reimbursable basis, any - employee of the agency or department. - (B) Civil service status.--The detail of an - employee under subparagraph (A) shall be without - interruption or loss of civil service status or - privilege. + (A) Federal employees.-- + (i) In general.--At the request of the + Commission, the head of any Federal agency or + department may detail to the Commission, on a + reimbursable or nonreimbursable basis, any + employee of the agency or department. + (ii) Civil service status.--The detail of + an employee under clause (i) shall be without + interruption or loss of civil service status or + privilege. + (iii) No additional compensation.--A + Federal employee who is detailed to the + Commission under this subparagraph may not + receive any additional pay, allowances, + benefits, or other compensation by reason of + the detail of the employee to the Commission or + any services performed by the employee for the + Commission. + (B) State employees.--The Commission may-- + (i) accept the services of personnel + detailed from a State; and + (ii) reimburse the State for the services + of the detailed personnel. + (e) Volunteer and Uncompensated Services.--Notwithstanding section +1342 of title 31, United States Code, the Commission may accept and use +such voluntary and uncompensated services as the Commission determines +to be necessary. (f) Gifts.--The Commission may accept, use, and dispose of gifts, grants, bequests, or devises of money, services, or property from any public or private source for the purpose of covering the costs incurred @@ -235,60 +218,41 @@ SEC. 8. REPORTS. (a) Interim Reports.--The Commission may submit to Congress such interim reports as the Commission considers to be appropriate. - (b) Comprehensive Report.-- - (1) In general.--Not later than 5 years after the date of - enactment of this Act, the Commission shall submit to the - President and Congress a report that includes specific - recommendations for the commemoration of the centennial of - Route 66 and related events. - (2) Contents of report.--The report under paragraph (1)-- - (A) shall include recommendations for the - allocation of financial and administrative - responsibility among the public and private authorities - and organizations recommended for participation by the - Commission; and - (B) may recommend activities such as-- - (i) the production, publication, and - distribution of books, pamphlets, films, - electronic publications, and other educational - materials focusing on the history and impact of - Route 66 on the United States and the world; - (ii) bibliographical and documentary - projects, publications, and electronic - resources; - (iii) conferences, convocations, lectures, - seminars, and other programs; - (iv) the development of programs by and for - libraries, museums, parks, and historic sites, - including national traveling exhibitions; - (v) ceremonies and celebrations - commemorating specific events; - (vi) the production, distribution, and - performance of artistic works, and of programs - and activities, focusing on the national and - international significance of Route 66; and - (vii) the issuance of commemorative coins, - medals, certificates of recognition, and - postage stamps. - (c) Final Report.--The Commission shall submit to the President and -Congress a final report by not later than 90 days before the -termination of the Commission under section 9. + (b) Final Report.--Not later than 2 years after the date on which +all members of the Commission are appointed, the Commission shall +submit to Congress a final report containing-- + (1) a detailed statement of the findings and conclusions of + the Commission; + (2) the recommendations of the Commission; and + (3) any other information that the Commission considers to + be appropriate. SEC. 9. TERMINATION. - The Commission shall terminate not later than June 30, 2027. - -SEC. 10. CLARIFICATION REGARDING FUNDING. - - (a) In General.--No additional funds are authorized to carry out -the requirements of this Act. - (b) Use of Existing Funds.-- - (1) In general.--The requirements of this Act may be - carried out using amounts made available to the Secretary of - Transportation and not otherwise obligated, from accounts - identified pursuant to paragraph (2). - (2) Identification of existing funds.--The Secretary of - Transportation shall identify any accounts of the Secretary - from which the Secretary could use funds available in that - account and not otherwise obligated to carry out this Act. - \ No newline at end of file + The Commission shall terminate on December 31, 2026. + +SEC. 10. EXPENDITURES OF COMMISSION. + + (a) In General.--All expenditures of the Commission, including any +reimbursement required under this Act, shall be made solely from +donated funds. + (b) No Additional Funds Authorized.--No additional funds are +authorized to be appropriated to carry out this Act. + + Passed the Senate August 10, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 1014 + +_______________________________________________________________________ + + AN ACT + + To establish the Route 66 Centennial Commission, and for other + purposes. From 010212c982fcab925fa8ff62c77af89d104a0fea Mon Sep 17 00:00:00 2001 From: "Sen. Duckworth, Tammy [D-IL]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 797/984] Senate-1014: Enrolled --- bills_text/Senate-1014.txt | 320 +++++++++++++++++-------------------- 1 file changed, 144 insertions(+), 176 deletions(-) diff --git a/bills_text/Senate-1014.txt b/bills_text/Senate-1014.txt index eec1323..7ef41b5 100644 --- a/bills_text/Senate-1014.txt +++ b/bills_text/Senate-1014.txt @@ -1,118 +1,115 @@ -116th CONGRESS - 2d Session - S. 1014 + S.1014 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To establish the Route 66 Centennial Commission, and for other - purposes. +To establish the Route 66 Centennial Commission, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Route 66 Centennial Commission Act''. - SEC. 2. FINDINGS. - Congress finds that-- - (1) Route 66 was the first all-weather highway in the - United States connecting the Midwest to California, and has - played a major role in the history of the United States; - (2) Route 66 has become a symbol of the heritage of travel - and the legacy of seeking a better life shared by the people of - the United States, and has been enshrined in the popular - culture of the United States; and - (3) the year 2026 will be the centennial anniversary of - Route 66, and a commission should be established to study and - recommend in a report to Congress activities that are fitting - and proper to celebrate that anniversary in a manner that - appropriately honors the Mother Road of the United States. - + (1) Route 66 was the first all-weather highway in the United + States connecting the Midwest to California, and has played a major + role in the history of the United States; + (2) Route 66 has become a symbol of the heritage of travel and + the legacy of seeking a better life shared by the people of the + United States, and has been enshrined in the popular culture of the + United States; and + (3) the year 2026 will be the centennial anniversary of Route + 66, and a commission should be established to study and recommend + in a report to Congress activities that are fitting and proper to + celebrate that anniversary in a manner that appropriately honors + the Mother Road of the United States. SEC. 3. ESTABLISHMENT. - There is established a commission to be known as the ``Route 66 Centennial Commission'' (referred to in this Act as the ``Commission''). - SEC. 4. DUTIES. - The Commission shall-- - (1) study activities that may be carried out by the Federal - Government to determine whether the activities are fitting and - proper to honor Route 66 on the occasion of the centennial - anniversary of Route 66, including activities such as-- - (A) the issuance of commemorative coins, medals, - certificates of recognition, and postage stamps; - (B) ceremonies and celebrations commemorating - specific events; and - (C) the production, publication, and distribution - of books, pamphlets, films, electronic publications, - and other educational materials; and - (2) recommend to Congress-- - (A) the activities that the Commission considers - most fitting and proper to honor Route 66 on the - occasion described in paragraph (1); and - (B) 1 or more entities in the Federal Government - that the Commission considers most appropriate to carry - out those activities. - + (1) study activities that may be carried out by the Federal + Government to determine whether the activities are fitting and + proper to honor Route 66 on the occasion of the centennial + anniversary of Route 66, including activities such as-- + (A) the issuance of commemorative coins, medals, + certificates of recognition, and postage stamps; + (B) ceremonies and celebrations commemorating specific + events; and + (C) the production, publication, and distribution of books, + pamphlets, films, electronic publications, and other + educational materials; and + (2) recommend to Congress-- + (A) the activities that the Commission considers most + fitting and proper to honor Route 66 on the occasion described + in paragraph (1); and + (B) 1 or more entities in the Federal Government that the + Commission considers most appropriate to carry out those + activities. SEC. 5. MEMBERSHIP. - (a) Number and Appointment.--The Commission shall be composed of 15 members appointed as follows: - (1) 3 members, each of whom shall be an eligible individual - described in subsection (b), appointed by the President based - on the recommendation of the Secretary of Transportation. - (2) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President based on the - recommendation of the Governor of Illinois. - (3) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President based on the - recommendation of the Governor of Missouri. - (4) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President based on the - recommendation of the Governor of Kansas. - (5) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President based on the - recommendation of the Governor of Oklahoma. - (6) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President based on the - recommendation of the Governor of Texas. - (7) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President based on the - recommendation of the Governor of New Mexico. - (8) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President based on the - recommendation of the Governor of Arizona. - (9) 1 member, who shall be an eligible individual described - in subsection (b), appointed by the President based on the - recommendation of the Governor of California. - (10) 1 member, who shall be an eligible individual - described in subsection (b), appointed by the President based - on the recommendation of the Speaker of the House of - Representatives. - (11) 1 member, who shall be an eligible individual - described in subsection (b), appointed by the President based - on the recommendation of the Minority Leader of the House of - Representatives. - (12) 1 member, who shall be an eligible individual - described in subsection (b), appointed by the President based - on the recommendation of the Majority Leader of the Senate. - (13) 1 member, who shall be an eligible individual - described in subsection (b), appointed by the President based - on the recommendation of the Minority Leader of the Senate. + (1) 3 members, each of whom shall be an eligible individual + described in subsection (b), appointed by the President based on + the recommendation of the Secretary of Transportation. + (2) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Governor of Illinois. + (3) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Governor of Missouri. + (4) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Governor of Kansas. + (5) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Governor of Oklahoma. + (6) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Governor of Texas. + (7) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Governor of New Mexico. + (8) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Governor of Arizona. + (9) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Governor of California. + (10) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Speaker of the House of Representatives. + (11) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Minority Leader of the House of + Representatives. + (12) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Majority Leader of the Senate. + (13) 1 member, who shall be an eligible individual described in + subsection (b), appointed by the President based on the + recommendation of the Minority Leader of the Senate. (b) Eligible Individual.--An eligible individual referred to in subsection (a) is an individual with-- - (1) a demonstrated dedication to educating others about the - importance of historical figures and events; and - (2) substantial knowledge and appreciation of Route 66. + (1) a demonstrated dedication to educating others about the + importance of historical figures and events; and + (2) substantial knowledge and appreciation of Route 66. (c) Time of Appointment.--Each initial appointment of a member of the Commission shall be made before the expiration of the 120-day period beginning on the date of enactment of this Act. @@ -130,42 +127,36 @@ but a lesser number may hold hearings. (i) Chair and Vice Chair.--The Commission shall select a Chair and Vice Chair from among the members of the Commission. (j) Meetings.--The Commission shall meet at the call of the Chair. - SEC. 6. DIRECTOR AND STAFF. - (a) Director.--The Commission may appoint and fix the pay of a Director and such additional personnel as the Commission considers to be appropriate. (b) Applicability of Certain Civil Service Laws.-- - (1) Director.--The Director of the Commission shall-- - (A) be appointed without regard to the provisions - of title 5, United States Code, governing appointments - in the competitive service; and - (B) be paid without regard to the provisions of - chapter 51 and subchapter III of chapter 53 of title 5, - United States Code, relating to classification and - General Schedule pay rates, except that the rate of pay - for the Director may not exceed the rate payable for - level IV of the Executive Schedule under section 5315 - of that title. - (2) Staff.--The staff of the Commission shall-- - (A) be appointed without regard to the provisions - of title 5, United States Code, governing appointments - in the competitive service; and - (B) be paid without regard to the provisions of - chapter 51 and subchapter III of chapter 53 of title 5, - United States Code, relating to classification and - General Schedule pay rates. + (1) Director.--The Director of the Commission shall-- + (A) be appointed without regard to the provisions of title + 5, United States Code, governing appointments in the + competitive service; and + (B) be paid without regard to the provisions of chapter 51 + and subchapter III of chapter 53 of title 5, United States + Code, relating to classification and General Schedule pay + rates, except that the rate of pay for the Director may not + exceed the rate payable for level IV of the Executive Schedule + under section 5315 of that title. + (2) Staff.--The staff of the Commission shall-- + (A) be appointed without regard to the provisions of title + 5, United States Code, governing appointments in the + competitive service; and + (B) be paid without regard to the provisions of chapter 51 + and subchapter III of chapter 53 of title 5, United States + Code, relating to classification and General Schedule pay + rates. (c) Source of Compensation.--In accordance with section 10-- - (1) no Federal funds may be expended to compensate a - Director or staff member of the Commission under this section; - and - (2) any compensation paid to a Director or any staff of the - Commission appointed under this section shall be derived solely - from donated funds. - + (1) no Federal funds may be expended to compensate a Director + or staff member of the Commission under this section; and + (2) any compensation paid to a Director or any staff of the + Commission appointed under this section shall be derived solely + from donated funds. SEC. 7. POWERS. - (a) Hearings and Sessions.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be appropriate to carry @@ -177,34 +168,30 @@ the Commission is authorized to take under this Act. same manner and under the same conditions as other Federal departments and agencies. (d) Administrative Support Services.-- - (1) In general.--On the request of the Commission, the - Administrator of General Services shall provide to the - Commission, on a reimbursable basis, the administrative support - services necessary for the Commission to carry out this Act. - (2) Detailees.-- - (A) Federal employees.-- - (i) In general.--At the request of the - Commission, the head of any Federal agency or - department may detail to the Commission, on a - reimbursable or nonreimbursable basis, any - employee of the agency or department. - (ii) Civil service status.--The detail of - an employee under clause (i) shall be without - interruption or loss of civil service status or - privilege. - (iii) No additional compensation.--A - Federal employee who is detailed to the - Commission under this subparagraph may not - receive any additional pay, allowances, - benefits, or other compensation by reason of - the detail of the employee to the Commission or - any services performed by the employee for the - Commission. - (B) State employees.--The Commission may-- - (i) accept the services of personnel - detailed from a State; and - (ii) reimburse the State for the services - of the detailed personnel. + (1) In general.--On the request of the Commission, the + Administrator of General Services shall provide to the Commission, + on a reimbursable basis, the administrative support services + necessary for the Commission to carry out this Act. + (2) Detailees.-- + (A) Federal employees.-- + (i) In general.--At the request of the Commission, the + head of any Federal agency or department may detail to the + Commission, on a reimbursable or nonreimbursable basis, any + employee of the agency or department. + (ii) Civil service status.--The detail of an employee + under clause (i) shall be without interruption or loss of + civil service status or privilege. + (iii) No additional compensation.--A Federal employee + who is detailed to the Commission under this subparagraph + may not receive any additional pay, allowances, benefits, + or other compensation by reason of the detail of the + employee to the Commission or any services performed by the + employee for the Commission. + (B) State employees.--The Commission may-- + (i) accept the services of personnel detailed from a + State; and + (ii) reimburse the State for the services of the + detailed personnel. (e) Volunteer and Uncompensated Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines @@ -213,46 +200,27 @@ to be necessary. grants, bequests, or devises of money, services, or property from any public or private source for the purpose of covering the costs incurred by the Commission in carrying out this Act. - SEC. 8. REPORTS. - (a) Interim Reports.--The Commission may submit to Congress such interim reports as the Commission considers to be appropriate. (b) Final Report.--Not later than 2 years after the date on which all members of the Commission are appointed, the Commission shall submit to Congress a final report containing-- - (1) a detailed statement of the findings and conclusions of - the Commission; - (2) the recommendations of the Commission; and - (3) any other information that the Commission considers to - be appropriate. - + (1) a detailed statement of the findings and conclusions of the + Commission; + (2) the recommendations of the Commission; and + (3) any other information that the Commission considers to be + appropriate. SEC. 9. TERMINATION. - The Commission shall terminate on December 31, 2026. - -SEC. 10. EXPENDITURES OF COMMISSION. - + SEC. 10. EXPENDITURES OF COMMISSION. (a) In General.--All expenditures of the Commission, including any reimbursement required under this Act, shall be made solely from donated funds. (b) No Additional Funds Authorized.--No additional funds are authorized to be appropriated to carry out this Act. - Passed the Senate August 10, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 1014 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To establish the Route 66 Centennial Commission, and for other - purposes. + Vice President of the United States and + President of the Senate. From 7a1bdfc605c40ecaa8eed79e9d61f2e1f0088b81 Mon Sep 17 00:00:00 2001 From: "Sen. Baldwin, Tammy [D-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 798/984] Senate-1069: Introduced to Senate --- bills_text/Senate-1069.txt | 261 +++++++++++++++++++++++++++++++++++++ 1 file changed, 261 insertions(+) create mode 100644 bills_text/Senate-1069.txt diff --git a/bills_text/Senate-1069.txt b/bills_text/Senate-1069.txt new file mode 100644 index 0000000..b080673 --- /dev/null +++ b/bills_text/Senate-1069.txt @@ -0,0 +1,261 @@ +116th CONGRESS + 1st Session + S. 1069 + +To require the Secretary of Commerce, acting through the Administrator +of the National Oceanic and Atmospheric Administration, to establish a + constituent-driven program to provide a digital information platform + capable of efficiently integrating coastal data with decision-support + tools, training, and best practices and to support collection of + priority coastal geospatial data to inform and improve local, State, +regional, and Federal capacities to manage the coastal region, and for + other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 9, 2019 + + Ms. Baldwin (for herself, Ms. Murkowski, Ms. Cantwell, and Mr. + Sullivan) introduced the following bill; which was read twice and + referred to the Committee on Commerce, Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + +To require the Secretary of Commerce, acting through the Administrator +of the National Oceanic and Atmospheric Administration, to establish a + constituent-driven program to provide a digital information platform + capable of efficiently integrating coastal data with decision-support + tools, training, and best practices and to support collection of + priority coastal geospatial data to inform and improve local, State, +regional, and Federal capacities to manage the coastal region, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Digital Coast Act''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) The Digital Coast is a model approach for effective + Federal partnerships with State and local government, + nongovernmental organizations, and the private sector. + (2) Access to current, accurate, uniform, and standards- + based geospatial information, tools, and training to + characterize the United States coastal region is critical for + public safety and for the environment, infrastructure, and + economy of the United States. + (3) More than half of all people of the United States + (153,000,000) currently live on or near a coast and an + additional 12,000,000 are expected in the next decade. + (4) Coastal counties in the United States average 300 + persons per square mile, compared with the national average of + 98. + (5) On a typical day, more than 1,540 permits for + construction of single-family homes are issued in coastal + counties, combined with other commercial, retail, and + institutional construction to support this population. + (6) Over half of the economic productivity of the United + States is located within coastal regions. + (7) Highly accurate, high-resolution remote sensing and + other geospatial data play an increasingly important role in + decision making and management of the coastal zone and economy, + including for-- + (A) flood and coastal storm surge prediction; + (B) hazard risk and vulnerability assessment; + (C) emergency response and recovery planning; + (D) community resilience to longer range coastal + change; + (E) local planning and permitting; + (F) habitat and ecosystem health assessments; and + (G) landscape change detection. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Coastal region.--The term ``coastal region'' means the + area of United States waters extending inland from the + shoreline to include coastal watersheds and seaward to the + territorial sea. + (2) Coastal state.--The term ``coastal State'' has the + meaning given the term ``coastal state'' in section 304 of the + Coastal Zone Management Act of 1972 (16 U.S.C. 1453). + (3) Federal geographic data committee.--The term ``Federal + Geographic Data Committee'' means the interagency committee + that promotes the coordinated development, use, sharing, and + dissemination of geospatial data on a national basis. + (4) Remote sensing and other geospatial.--The term ``remote + sensing and other geospatial'' means collecting, storing, + retrieving, or disseminating graphical or digital data + depicting natural or manmade physical features, phenomena, or + boundaries of the Earth and any information related thereto, + including surveys, maps, charts, satellite and airborne remote + sensing data, images, LiDAR, and services performed by + professionals such as surveyors, photogrammetrists, + hydrographers, geodesists, cartographers, and other such + services. + (5) Secretary.--The term ``Secretary'' means the Secretary + of Commerce, acting through the Administrator of the National + Oceanic and Atmospheric Administration. + +SEC. 4. ESTABLISHMENT OF THE DIGITAL COAST. + + (a) Establishment.-- + (1) In general.--The Secretary shall establish a program + for the provision of an enabling platform that integrates + geospatial data, decision-support tools, training, and best + practices to address coastal management issues and needs. Under + the program, the Secretary shall strive to enhance resilient + communities, ecosystem values, and coastal economic growth and + development by helping communities address their issues, needs, + and challenges through cost-effective and participatory + solutions. + (2) Designation.--The program established under paragraph + (1) shall be known as the ``Digital Coast'' (in this section + referred to as the ``program''). + (b) Program Requirements.--In carrying out the program, the +Secretary shall ensure that the program provides data integration, tool +development, training, documentation, dissemination, and archive by-- + (1) making data and resulting integrated products developed + under this section readily accessible via the Digital Coast + internet website of the National Oceanic and Atmospheric + Administration, the GeoPlatform.gov and data.gov internet + websites, and such other information distribution technologies + as the Secretary considers appropriate; + (2) developing decision-support tools that use and display + resulting integrated data and provide training on use of such + tools; + (3) documenting such data to Federal Geographic Data + Committee standards; and + (4) archiving all raw data acquired under this Act at the + appropriate National Oceanic and Atmospheric Administration + data center or such other Federal data center as the Secretary + considers appropriate. + (c) Coordination.--The Secretary shall coordinate the activities +carried out under the program to optimize data collection, sharing, and +integration, and to minimize duplication by-- + (1) consulting with coastal managers and decision makers + concerning coastal issues, and sharing information and best + practices, as the Secretary considers appropriate, with-- + (A) coastal States; + (B) local governments; and + (C) representatives of academia, the private + sector, and nongovernmental organizations; + (2) consulting with other Federal agencies, including + interagency committees, on relevant Federal activities, + including activities carried out under the Ocean and Coastal + Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal + Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the + Integrated Coastal and Ocean Observation System Act of 2009 (33 + U.S.C. 3601 et seq.), and the Hydrographic Services Improvement + Act of 1998 (33 U.S.C. 892 et seq.); + (3) participating, pursuant to section 216 of the E- + Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 + note), in the establishment of such standards and common + protocols as the Secretary considers necessary to assure the + interoperability of remote sensing and other geospatial data + with all users of such information within-- + (A) the National Oceanic and Atmospheric + Administration; + (B) other Federal agencies; + (C) State and local government; and + (D) the private sector; + (4) coordinating with, seeking assistance and cooperation + of, and providing liaison to the Federal Geographic Data + Committee pursuant to Office of Management and Budget Circular + A-16 and Executive Order 12906 of April 11, 1994 (59 Fed. Reg. + 17671), as amended by Executive Order 13286 of February 28, + 2003 (68 Fed. Reg. 10619); and + (5) developing and maintaining a best practices document + that sets out the best practices used by the Secretary in + carrying out the program and providing such document to the + United States Geological Survey, the Corps of Engineers, and + other relevant Federal agencies. + (d) Filling Needs and Gaps.--In carrying out the program, the +Secretary shall-- + (1) maximize the use of remote sensing and other geospatial + data collection activities conducted for other purposes and + under other authorities; + (2) focus on filling data needs and gaps for coastal + management issues, including with respect to areas that, as of + the date of the enactment of this Act, were underserved by + coastal data and the areas of the Arctic that are under the + jurisdiction of the United States; + (3) pursuant to the Ocean and Coastal Mapping Integration + Act (33 U.S.C. 3501 et seq.), support continue improvement in + existing efforts to coordinate the acquisition and integration + of key data sets needed for coastal management and other + purposes, including-- + (A) coastal elevation data; + (B) land use and land cover data; + (C) socioeconomic and human use data; + (D) critical infrastructure data; + (E) structures data; + (F) living resources and habitat data; + (G) cadastral data; and + (H) aerial imagery; and + (4) integrate the priority supporting data set forth under + paragraph (3) with other available data for the benefit of the + broadest measure of coastal resource management constituents + and applications. + (e) Financial Agreements and Contracts.-- + (1) In general.--In carrying out the program, the + Secretary-- + (A) may enter into financial agreements to carry + out the program, including-- + (i) support to non-Federal entities that + participate in implementing the program; and + (ii) grants, cooperative agreements, + interagency agreements, contracts, or any other + agreement on a reimbursable or non-reimbursable + basis, with other Federal, tribal, State, and + local governmental and nongovernmental + entities; and + (B) may, to the maximum extent practicable, enter + into such contracts with private sector entities for + such products and services as the Secretary determines + may be necessary to collect, process, and provide + remote sensing and other geospatial data and products + for purposes of the program. + (2) Fees.-- + (A) Assessment and collection.--The Secretary may + assess and collect fees for the conduct of any + training, workshop, or conference that advances the + purposes of the program. + (B) Amounts.--The amount of a fee under this + paragraph may not exceed the sum of costs incurred, or + expected to be incurred, by the Secretary as a direct + result of the conduct of the training, workshop, or + conference, including for subsistence expenses + incidental to the training, workshop, or conference, as + applicable. + (C) Use of fees.--Amounts collected by the + Secretary in the form of fees under this paragraph may + be used to pay for-- + (i) the costs incurred for conducting an + activity described in subparagraph (A); or + (ii) the expenses described in subparagraph + (B). + (3) Survey and mapping.--Contracts entered into under + paragraph (1)(B) shall be considered ``surveying and mapping'' + services as such term is used in and as such contracts are + awarded by the Secretary in accordance with the selection + procedures in chapter 11 of title 40, United States Code. + (f) Ocean Economy.--The Secretary may establish publically +available tools that track ocean and Great Lakes economy data for each +coastal State. + (g) Authorization of Appropriations.--There is authorized to be +appropriated to the Secretary $4,000,000 for each fiscal year 2020 +through 2024 to carry out the program. + \ No newline at end of file From e72e60e24fc03794211456871243666b7abb826a Mon Sep 17 00:00:00 2001 From: "Sen. Baldwin, Tammy [D-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 799/984] Senate-1069: Engrossed in Senate --- bills_text/Senate-1069.txt | 51 ++++++++++++++++++++------------------ 1 file changed, 27 insertions(+), 24 deletions(-) diff --git a/bills_text/Senate-1069.txt b/bills_text/Senate-1069.txt index b080673..59ebb6a 100644 --- a/bills_text/Senate-1069.txt +++ b/bills_text/Senate-1069.txt @@ -1,31 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 1069 -To require the Secretary of Commerce, acting through the Administrator -of the National Oceanic and Atmospheric Administration, to establish a - constituent-driven program to provide a digital information platform - capable of efficiently integrating coastal data with decision-support - tools, training, and best practices and to support collection of - priority coastal geospatial data to inform and improve local, State, -regional, and Federal capacities to manage the coastal region, and for - other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - April 9, 2019 - - Ms. Baldwin (for herself, Ms. Murkowski, Ms. Cantwell, and Mr. - Sullivan) introduced the following bill; which was read twice and - referred to the Committee on Commerce, Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -258,4 +237,28 @@ coastal State. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $4,000,000 for each fiscal year 2020 through 2024 to carry out the program. - \ No newline at end of file + + Passed the Senate September 30 (legislative day, September + 29), 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 1069 + +_______________________________________________________________________ + + AN ACT + +To require the Secretary of Commerce, acting through the Administrator +of the National Oceanic and Atmospheric Administration, to establish a + constituent-driven program to provide a digital information platform + capable of efficiently integrating coastal data with decision-support + tools, training, and best practices and to support collection of + priority coastal geospatial data to inform and improve local, State, +regional, and Federal capacities to manage the coastal region, and for + other purposes. From d665770a684015b9afd09332db7000a757e608f4 Mon Sep 17 00:00:00 2001 From: "Sen. Baldwin, Tammy [D-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 800/984] Senate-1069: Enrolled --- bills_text/Senate-1069.txt | 433 +++++++++++++++++-------------------- 1 file changed, 201 insertions(+), 232 deletions(-) diff --git a/bills_text/Senate-1069.txt b/bills_text/Senate-1069.txt index 59ebb6a..fd9131b 100644 --- a/bills_text/Senate-1069.txt +++ b/bills_text/Senate-1069.txt @@ -1,264 +1,233 @@ -116th CONGRESS - 2d Session - S. 1069 + S.1069 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To require the Secretary of Commerce, acting through the Administrator -of the National Oceanic and Atmospheric Administration, to establish a - constituent-driven program to provide a digital information platform + To require the Secretary of Commerce, acting through the Administrator + of the National Oceanic and Atmospheric Administration, to establish a + constituent-driven program to provide a digital information platform capable of efficiently integrating coastal data with decision-support - tools, training, and best practices and to support collection of - priority coastal geospatial data to inform and improve local, State, -regional, and Federal capacities to manage the coastal region, and for - other purposes. + tools, training, and best practices and to support collection of + priority coastal geospatial data to inform and improve local, State, + regional, and Federal capacities to manage the coastal region, and for + other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Digital Coast Act''. - SEC. 2. FINDINGS. - Congress makes the following findings: - (1) The Digital Coast is a model approach for effective - Federal partnerships with State and local government, - nongovernmental organizations, and the private sector. - (2) Access to current, accurate, uniform, and standards- - based geospatial information, tools, and training to - characterize the United States coastal region is critical for - public safety and for the environment, infrastructure, and - economy of the United States. - (3) More than half of all people of the United States - (153,000,000) currently live on or near a coast and an - additional 12,000,000 are expected in the next decade. - (4) Coastal counties in the United States average 300 - persons per square mile, compared with the national average of - 98. - (5) On a typical day, more than 1,540 permits for - construction of single-family homes are issued in coastal - counties, combined with other commercial, retail, and - institutional construction to support this population. - (6) Over half of the economic productivity of the United - States is located within coastal regions. - (7) Highly accurate, high-resolution remote sensing and - other geospatial data play an increasingly important role in - decision making and management of the coastal zone and economy, - including for-- - (A) flood and coastal storm surge prediction; - (B) hazard risk and vulnerability assessment; - (C) emergency response and recovery planning; - (D) community resilience to longer range coastal - change; - (E) local planning and permitting; - (F) habitat and ecosystem health assessments; and - (G) landscape change detection. - + (1) The Digital Coast is a model approach for effective Federal + partnerships with State and local government, nongovernmental + organizations, and the private sector. + (2) Access to current, accurate, uniform, and standards-based + geospatial information, tools, and training to characterize the + United States coastal region is critical for public safety and for + the environment, infrastructure, and economy of the United States. + (3) More than half of all people of the United States + (153,000,000) currently live on or near a coast and an additional + 12,000,000 are expected in the next decade. + (4) Coastal counties in the United States average 300 persons + per square mile, compared with the national average of 98. + (5) On a typical day, more than 1,540 permits for construction + of single-family homes are issued in coastal counties, combined + with other commercial, retail, and institutional construction to + support this population. + (6) Over half of the economic productivity of the United States + is located within coastal regions. + (7) Highly accurate, high-resolution remote sensing and other + geospatial data play an increasingly important role in decision + making and management of the coastal zone and economy, including + for-- + (A) flood and coastal storm surge prediction; + (B) hazard risk and vulnerability assessment; + (C) emergency response and recovery planning; + (D) community resilience to longer range coastal change; + (E) local planning and permitting; + (F) habitat and ecosystem health assessments; and + (G) landscape change detection. SEC. 3. DEFINITIONS. - In this Act: - (1) Coastal region.--The term ``coastal region'' means the - area of United States waters extending inland from the - shoreline to include coastal watersheds and seaward to the - territorial sea. - (2) Coastal state.--The term ``coastal State'' has the - meaning given the term ``coastal state'' in section 304 of the - Coastal Zone Management Act of 1972 (16 U.S.C. 1453). - (3) Federal geographic data committee.--The term ``Federal - Geographic Data Committee'' means the interagency committee - that promotes the coordinated development, use, sharing, and - dissemination of geospatial data on a national basis. - (4) Remote sensing and other geospatial.--The term ``remote - sensing and other geospatial'' means collecting, storing, - retrieving, or disseminating graphical or digital data - depicting natural or manmade physical features, phenomena, or - boundaries of the Earth and any information related thereto, - including surveys, maps, charts, satellite and airborne remote - sensing data, images, LiDAR, and services performed by - professionals such as surveyors, photogrammetrists, - hydrographers, geodesists, cartographers, and other such - services. - (5) Secretary.--The term ``Secretary'' means the Secretary - of Commerce, acting through the Administrator of the National - Oceanic and Atmospheric Administration. - + (1) Coastal region.--The term ``coastal region'' means the area + of United States waters extending inland from the shoreline to + include coastal watersheds and seaward to the territorial sea. + (2) Coastal state.--The term ``coastal State'' has the meaning + given the term ``coastal state'' in section 304 of the Coastal Zone + Management Act of 1972 (16 U.S.C. 1453). + (3) Federal geographic data committee.--The term ``Federal + Geographic Data Committee'' means the interagency committee that + promotes the coordinated development, use, sharing, and + dissemination of geospatial data on a national basis. + (4) Remote sensing and other geospatial.--The term ``remote + sensing and other geospatial'' means collecting, storing, + retrieving, or disseminating graphical or digital data depicting + natural or manmade physical features, phenomena, or boundaries of + the Earth and any information related thereto, including surveys, + maps, charts, satellite and airborne remote sensing data, images, + LiDAR, and services performed by professionals such as surveyors, + photogrammetrists, hydrographers, geodesists, cartographers, and + other such services. + (5) Secretary.--The term ``Secretary'' means the Secretary of + Commerce, acting through the Administrator of the National Oceanic + and Atmospheric Administration. SEC. 4. ESTABLISHMENT OF THE DIGITAL COAST. - (a) Establishment.-- - (1) In general.--The Secretary shall establish a program - for the provision of an enabling platform that integrates - geospatial data, decision-support tools, training, and best - practices to address coastal management issues and needs. Under - the program, the Secretary shall strive to enhance resilient - communities, ecosystem values, and coastal economic growth and - development by helping communities address their issues, needs, - and challenges through cost-effective and participatory - solutions. - (2) Designation.--The program established under paragraph - (1) shall be known as the ``Digital Coast'' (in this section - referred to as the ``program''). + (1) In general.--The Secretary shall establish a program for + the provision of an enabling platform that integrates geospatial + data, decision-support tools, training, and best practices to + address coastal management issues and needs. Under the program, the + Secretary shall strive to enhance resilient communities, ecosystem + values, and coastal economic growth and development by helping + communities address their issues, needs, and challenges through + cost-effective and participatory solutions. + (2) Designation.--The program established under paragraph (1) + shall be known as the ``Digital Coast'' (in this section referred + to as the ``program''). (b) Program Requirements.--In carrying out the program, the Secretary shall ensure that the program provides data integration, tool development, training, documentation, dissemination, and archive by-- - (1) making data and resulting integrated products developed - under this section readily accessible via the Digital Coast - internet website of the National Oceanic and Atmospheric - Administration, the GeoPlatform.gov and data.gov internet - websites, and such other information distribution technologies - as the Secretary considers appropriate; - (2) developing decision-support tools that use and display - resulting integrated data and provide training on use of such - tools; - (3) documenting such data to Federal Geographic Data - Committee standards; and - (4) archiving all raw data acquired under this Act at the - appropriate National Oceanic and Atmospheric Administration - data center or such other Federal data center as the Secretary - considers appropriate. + (1) making data and resulting integrated products developed + under this section readily accessible via the Digital Coast + internet website of the National Oceanic and Atmospheric + Administration, the GeoPlatform.gov and data.gov internet websites, + and such other information distribution technologies as the + Secretary considers appropriate; + (2) developing decision-support tools that use and display + resulting integrated data and provide training on use of such + tools; + (3) documenting such data to Federal Geographic Data Committee + standards; and + (4) archiving all raw data acquired under this Act at the + appropriate National Oceanic and Atmospheric Administration data + center or such other Federal data center as the Secretary considers + appropriate. (c) Coordination.--The Secretary shall coordinate the activities carried out under the program to optimize data collection, sharing, and integration, and to minimize duplication by-- - (1) consulting with coastal managers and decision makers - concerning coastal issues, and sharing information and best - practices, as the Secretary considers appropriate, with-- - (A) coastal States; - (B) local governments; and - (C) representatives of academia, the private - sector, and nongovernmental organizations; - (2) consulting with other Federal agencies, including - interagency committees, on relevant Federal activities, - including activities carried out under the Ocean and Coastal - Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal - Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the - Integrated Coastal and Ocean Observation System Act of 2009 (33 - U.S.C. 3601 et seq.), and the Hydrographic Services Improvement - Act of 1998 (33 U.S.C. 892 et seq.); - (3) participating, pursuant to section 216 of the E- - Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 - note), in the establishment of such standards and common - protocols as the Secretary considers necessary to assure the - interoperability of remote sensing and other geospatial data - with all users of such information within-- - (A) the National Oceanic and Atmospheric - Administration; - (B) other Federal agencies; - (C) State and local government; and - (D) the private sector; - (4) coordinating with, seeking assistance and cooperation - of, and providing liaison to the Federal Geographic Data - Committee pursuant to Office of Management and Budget Circular - A-16 and Executive Order 12906 of April 11, 1994 (59 Fed. Reg. - 17671), as amended by Executive Order 13286 of February 28, - 2003 (68 Fed. Reg. 10619); and - (5) developing and maintaining a best practices document - that sets out the best practices used by the Secretary in - carrying out the program and providing such document to the - United States Geological Survey, the Corps of Engineers, and - other relevant Federal agencies. + (1) consulting with coastal managers and decision makers + concerning coastal issues, and sharing information and best + practices, as the Secretary considers appropriate, with-- + (A) coastal States; + (B) local governments; and + (C) representatives of academia, the private sector, and + nongovernmental organizations; + (2) consulting with other Federal agencies, including + interagency committees, on relevant Federal activities, including + activities carried out under the Ocean and Coastal Mapping + Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone + Management Act of 1972 (16 U.S.C. 1451 et seq.), the Integrated + Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et + seq.), and the Hydrographic Services Improvement Act of 1998 (33 + U.S.C. 892 et seq.); + (3) participating, pursuant to section 216 of the E-Government + Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 note), in the + establishment of such standards and common protocols as the + Secretary considers necessary to assure the interoperability of + remote sensing and other geospatial data with all users of such + information within-- + (A) the National Oceanic and Atmospheric Administration; + (B) other Federal agencies; + (C) State and local government; and + (D) the private sector; + (4) coordinating with, seeking assistance and cooperation of, + and providing liaison to the Federal Geographic Data Committee + pursuant to Office of Management and Budget Circular A-16 and + Executive Order 12906 of April 11, 1994 (59 Fed. Reg. 17671), as + amended by Executive Order 13286 of February 28, 2003 (68 Fed. Reg. + 10619); and + (5) developing and maintaining a best practices document that + sets out the best practices used by the Secretary in carrying out + the program and providing such document to the United States + Geological Survey, the Corps of Engineers, and other relevant + Federal agencies. (d) Filling Needs and Gaps.--In carrying out the program, the Secretary shall-- - (1) maximize the use of remote sensing and other geospatial - data collection activities conducted for other purposes and - under other authorities; - (2) focus on filling data needs and gaps for coastal - management issues, including with respect to areas that, as of - the date of the enactment of this Act, were underserved by - coastal data and the areas of the Arctic that are under the - jurisdiction of the United States; - (3) pursuant to the Ocean and Coastal Mapping Integration - Act (33 U.S.C. 3501 et seq.), support continue improvement in - existing efforts to coordinate the acquisition and integration - of key data sets needed for coastal management and other - purposes, including-- - (A) coastal elevation data; - (B) land use and land cover data; - (C) socioeconomic and human use data; - (D) critical infrastructure data; - (E) structures data; - (F) living resources and habitat data; - (G) cadastral data; and - (H) aerial imagery; and - (4) integrate the priority supporting data set forth under - paragraph (3) with other available data for the benefit of the - broadest measure of coastal resource management constituents - and applications. + (1) maximize the use of remote sensing and other geospatial + data collection activities conducted for other purposes and under + other authorities; + (2) focus on filling data needs and gaps for coastal management + issues, including with respect to areas that, as of the date of the + enactment of this Act, were underserved by coastal data and the + areas of the Arctic that are under the jurisdiction of the United + States; + (3) pursuant to the Ocean and Coastal Mapping Integration Act + (33 U.S.C. 3501 et seq.), support continue improvement in existing + efforts to coordinate the acquisition and integration of key data + sets needed for coastal management and other purposes, including-- + (A) coastal elevation data; + (B) land use and land cover data; + (C) socioeconomic and human use data; + (D) critical infrastructure data; + (E) structures data; + (F) living resources and habitat data; + (G) cadastral data; and + (H) aerial imagery; and + (4) integrate the priority supporting data set forth under + paragraph (3) with other available data for the benefit of the + broadest measure of coastal resource management constituents and + applications. (e) Financial Agreements and Contracts.-- - (1) In general.--In carrying out the program, the - Secretary-- - (A) may enter into financial agreements to carry - out the program, including-- - (i) support to non-Federal entities that - participate in implementing the program; and - (ii) grants, cooperative agreements, - interagency agreements, contracts, or any other - agreement on a reimbursable or non-reimbursable - basis, with other Federal, tribal, State, and - local governmental and nongovernmental - entities; and - (B) may, to the maximum extent practicable, enter - into such contracts with private sector entities for - such products and services as the Secretary determines - may be necessary to collect, process, and provide - remote sensing and other geospatial data and products - for purposes of the program. - (2) Fees.-- - (A) Assessment and collection.--The Secretary may - assess and collect fees for the conduct of any - training, workshop, or conference that advances the - purposes of the program. - (B) Amounts.--The amount of a fee under this - paragraph may not exceed the sum of costs incurred, or - expected to be incurred, by the Secretary as a direct - result of the conduct of the training, workshop, or - conference, including for subsistence expenses - incidental to the training, workshop, or conference, as - applicable. - (C) Use of fees.--Amounts collected by the - Secretary in the form of fees under this paragraph may - be used to pay for-- - (i) the costs incurred for conducting an - activity described in subparagraph (A); or - (ii) the expenses described in subparagraph - (B). - (3) Survey and mapping.--Contracts entered into under - paragraph (1)(B) shall be considered ``surveying and mapping'' - services as such term is used in and as such contracts are - awarded by the Secretary in accordance with the selection - procedures in chapter 11 of title 40, United States Code. + (1) In general.--In carrying out the program, the Secretary-- + (A) may enter into financial agreements to carry out the + program, including-- + (i) support to non-Federal entities that participate in + implementing the program; and + (ii) grants, cooperative agreements, interagency + agreements, contracts, or any other agreement on a + reimbursable or non-reimbursable basis, with other Federal, + tribal, State, and local governmental and nongovernmental + entities; and + (B) may, to the maximum extent practicable, enter into such + contracts with private sector entities for such products and + services as the Secretary determines may be necessary to + collect, process, and provide remote sensing and other + geospatial data and products for purposes of the program. + (2) Fees.-- + (A) Assessment and collection.--The Secretary may, to the + extent provided in advance in appropriations Acts, assess and + collect fees for the conduct of any training, workshop, or + conference that advances the purposes of the program. + (B) Amounts.--The amount of a fee under this paragraph may + not exceed the sum of costs incurred, or expected to be + incurred, by the Secretary as a direct result of the conduct of + the training, workshop, or conference, including for + subsistence expenses incidental to the training, workshop, or + conference, as applicable. + (C) Use of fees.--Amounts collected by the Secretary in the + form of fees under this paragraph shall be available to the + extent and in such amounts as are provided in advance in + appropriations Acts for-- + (i) the costs incurred for conducting an activity + described in subparagraph (A); or + (ii) the expenses described in subparagraph (B). + (3) Survey and mapping.--Contracts entered into under paragraph + (1)(B) shall be considered ``surveying and mapping'' services as + such term is used in and as such contracts are awarded by the + Secretary in accordance with the selection procedures in chapter 11 + of title 40, United States Code. (f) Ocean Economy.--The Secretary may establish publically available tools that track ocean and Great Lakes economy data for each coastal State. (g) Authorization of Appropriations.--There is authorized to be -appropriated to the Secretary $4,000,000 for each fiscal year 2020 -through 2024 to carry out the program. - - Passed the Senate September 30 (legislative day, September - 29), 2020. - - Attest: +appropriated to the Secretary $4,000,000 for each fiscal year 2021 +through 2025 to carry out the program. - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 2d Session - - S. 1069 - -_______________________________________________________________________ - - AN ACT - -To require the Secretary of Commerce, acting through the Administrator -of the National Oceanic and Atmospheric Administration, to establish a - constituent-driven program to provide a digital information platform - capable of efficiently integrating coastal data with decision-support - tools, training, and best practices and to support collection of - priority coastal geospatial data to inform and improve local, State, -regional, and Federal capacities to manage the coastal region, and for - other purposes. + Vice President of the United States and + President of the Senate. From b3416d2d9e7c1872534d94d63137ed7b026df1fa Mon Sep 17 00:00:00 2001 From: "Sen. Casey, Robert P., Jr. [D-PA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 801/984] Senate-1130: Introduced to Senate --- bills_text/Senate-1130.txt | 385 +++++++++++++++++++++++++++++++++++++ 1 file changed, 385 insertions(+) create mode 100644 bills_text/Senate-1130.txt diff --git a/bills_text/Senate-1130.txt b/bills_text/Senate-1130.txt new file mode 100644 index 0000000..a946ed1 --- /dev/null +++ b/bills_text/Senate-1130.txt @@ -0,0 +1,385 @@ +116th CONGRESS + 1st Session + S. 1130 + + To amend the Public Health Service Act to improve the health of + children and help better understand and enhance awareness about + unexpected sudden death in early life. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 10, 2019 + + Mr. Casey (for himself, Mr. Isakson, Mr. Brown, and Mr. Jones) +introduced the following bill; which was read twice and referred to the + Committee on Health, Education, Labor, and Pensions + +_______________________________________________________________________ + + A BILL + + + + To amend the Public Health Service Act to improve the health of + children and help better understand and enhance awareness about + unexpected sudden death in early life. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Scarlett's Sunshine on Sudden +Unexpected Death Act''. + +SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. + + Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) +is amended by adding at the end the following: + +``PART W--SUDDEN UNEXPECTED INFANT DEATH AND SUDDEN UNEXPECTED DEATH IN + CHILDHOOD + +``SEC. 399OO. DEFINITIONS. + + ``In this part: + ``(1) Administrator.--The term `Administrator' means the + Administrator of the Health Resources and Services + Administration. + ``(2) Death scene investigator.--The term `death scene + investigator' means an individual certified or trained as a + death scene investigator by an accredited professional + certification board. + ``(3) Director.--The term `Director' means the Director of + the Centers for Disease Control and Prevention. + ``(4) State.--The term `State' has the meaning given to + such term in section 2, except that such term includes Indian + tribes and tribal organizations (as such terms are defined in + section 4 of the Indian Self-Determination and Education + Assistance Act). + ``(5) Sudden unexpected infant death; suid.--The terms + `sudden unexpected infant death' and `SUID' mean the sudden + death of an infant under 1 year of age that when first + discovered did not have an obvious cause. Such terms include + those deaths that are later determined to be from explained as + well as unexplained causes. + ``(6) Sudden unexpected death in childhood.--The term + `sudden unexpected death in childhood' means the sudden death + of a child who is 1 year of age or older that, when first + discovered, did not have an obvious cause. Such term includes + those deaths that are later determined to be from an explained + cause, and those deaths that remain unexplained after a + thorough case investigation that includes a review of the + clinical history and circumstances of death and performance of + a comprehensive, standardized autopsy with appropriate + ancillary testing (which are known as `sudden unexplained death + in childhood'). + +``SEC. 399OO-1. DEATH SCENE INVESTIGATION AND AUTOPSY. + + ``(a) Investigations.-- + ``(1) Reporting.--The Secretary, acting through the + Director, in consultation with experts that include board- + certified forensic pathologists, medical examiners, coroners, + pediatric pathologists, pediatric cardiologists, pediatric + neuropathologists and geneticists, and other individuals and + groups as the Director determines appropriate, shall revise the + Sudden Unexplained Infant Death Investigation Reporting Form of + the Centers for Disease Control and Prevention to include doll + re-enactments and scene investigation information on sleep- + related deaths of children younger than 5, and work to align + such form with the National Fatality Review Case Reporting + System. + ``(2) Grants.--The Secretary, acting through the Director, + shall award grants to States to enable such States to improve + the completion of comprehensive death scene investigations, and + reviews of such investigations, for sudden unexpected infant + death and sudden unexpected death in childhood. + ``(3) Application.--To be eligible to receive a grant under + paragraph (2), a State shall submit to the Secretary an + application at such time, in such manner, and containing such + information as the Secretary may require. + ``(4) Use of funds.-- + ``(A) In general.--A State shall use amounts + received under a grant under paragraph (2) to improve + the completion of comprehensive death scene + investigations for sudden unexpected infant death and + sudden unexpected death in childhood, including through + the awarding of subgrants to local jurisdictions (which + may include subgrants to medical examiners, coroners, + and other local entities responsible for conducting + autopsies) to be used to implement standard death scene + investigation protocols for sudden unexpected infant + death and sudden unexpected death in childhood and + conduct comprehensive, standardized autopsies. + ``(B) Protocols.--A standard death scene protocol + implemented under subparagraph (A) shall include the + obtaining of information on-- + ``(i) current and past medical history of + the infant or child and, as relevant, the + infant's or child's family; + ``(ii) the circumstances surrounding the + death, including any suspicious circumstances, + whether there were any accidental or + environmental factors associated with the + death; and + ``(iii) in the case of a sleep-related + death, the sleep position and sleep environment + of the infant or child. + ``(b) Autopsies.-- + ``(1) In general.--The Secretary, acting through the + Director, shall award grants to States and local governmental + entities to enable such States and entities to increase the + rate at which comprehensive, standardized autopsies are + performed for sudden unexpected infant death and sudden + unexpected death in childhood. + ``(2) Informed consent.--Grants awarded under this + subsection may be used for studies and demonstration projects + to increase the rate of consent among families of deceased + children for the inclusion of genetic or tissue samples + collected during autopsy in registries established for the + purposes of conducting research into sudden unexpected infant + deaths and sudden unexpected death in childhood. + ``(3) Application.--To be eligible to receive a grant under + paragraph (1), an eligible entity described in such paragraph + shall submit to the Secretary an application that includes-- + ``(A) a description of the methods to be studied or + tested to increase the rate of consent among families + of deceased children for the inclusion of genetic or + tissue samples collected during autopsy; + ``(B) information about the governmental and + nongovernmental entities with whom the eligible entity + will partner; and + ``(C) any additional information as the Secretary + may require. + ``(4) Comprehensive autopsy.--For purposes of this + subsection, a comprehensive, standardized autopsy includes, as + appropriate, a full external and internal examination, + including microscopic examination, of all major organs and + tissues including the brain, complete radiographs, vitreous + fluid analysis, photo documentation, metabolic testing, + toxicology screening, and, when indicated, selected genetic and + microbiology analyses of the infant or child involved. + ``(c) Genetic Analysis.--The Director, in consultation with medical +examiners, coroners, forensic pathologists, geneticists, researchers, +public health officials, and other individuals and groups as the +Director determines appropriate, shall develop recommendations for a +standard protocol for use in determining when to utilize genetic +analysis, and standard protocols for the collection and storage of +specimens suitable for genetic analysis. + ``(d) Authorization of Appropriations.--To carry out this section, +there is authorized to be appropriated $8,000,000 for each of fiscal +years 2019 through 2023. + +``SEC. 399OO-2. TRAINING. + + ``(a) Grants.--The Secretary, acting through the Director, shall +award grants to eligible entities for the provision of training on +death scene investigation specific for sudden unexpected infant death +and sudden unexpected death in childhood. + ``(b) Eligible Entities.--To be eligible to receive a grant under +subsection (a), an entity shall-- + ``(1) be-- + ``(A) a State or local government entity; or + ``(B) a nonprofit private entity; + ``(2) submit to the Secretary an application at such time, + in such manner, and containing such information as the + Secretary may require; and + ``(3) make publishing training materials developed using a + grant awarded under subsection (a) available on an internet + website and at no charge to attendees of training under + subsection (c)(1). + ``(c) Use of Funds.--An eligible entity shall use amounts received +under a grant under this section to-- + ``(1) provide training to medical examiners, coroners, + death scene investigators, law enforcement personnel, justices + of the peace, emergency medical technicians, paramedics, or + emergency department personnel concerning death scene + investigations for sudden unexpected infant death and sudden + unexpected death in childhood, including the use of standard + death scene investigation protocols that include information + on-- + ``(A) current and past medical history of the + infant or child and, as relevant, the infant's or + child's family; + ``(B) the circumstances surrounding the death, + including any suspicious circumstances; + ``(C) whether there were any accidental or + environmental factors associated with the death; and + ``(D) in the case of a sleep-related death, the + sleep position and sleep environment of the infant or + child; + ``(2) provide training directly to individuals who are + responsible for conducting and reviewing death scene + investigations for sudden unexpected infant death and sudden + unexpected death in childhood; + ``(3) provide training to multidisciplinary teams, + including teams that have a medical examiner or coroner, death + scene investigator, law enforcement representative, and an + emergency medical technician or paramedic; + ``(4) in the case of national and State-based grantees that + are comprised of medical examiners, coroners, death scene + investigators, law enforcement personnel, or emergency medical + technicians and paramedics, integrate training under the grant + on death scene investigation of sudden unexpected infant death + and sudden unexpected death in childhood into professional + accreditation and training programs; or + ``(5) in the case of State and local government entity + grantees, obtain equipment, including scene investigation kits, + to aid in the completion of standard death scene investigation. + ``(d) Authorization of Appropriations.--To carry out this section, +there is authorized to be appropriated $2,000,000 for each of fiscal +years 2019 through 2023. + +``SEC. 399OO-3. INFANT AND CHILD DEATH REVIEW. + + ``(a) Prevention.-- + ``(1) Core capacity grants.--The Secretary, acting through + the Administrator and in consultation with the Associate + Commissioner of the Children's Bureau of the Administration for + Children and Families, shall award grants to States to build + and strengthen State capacity, and enable States to support + local governments' capacity, so as to review 100 percent of all + infant and child deaths, and to develop and implement + prevention strategies, as appropriate. + ``(2) Planning grants.--The Secretary, acting through the + Administrator, shall award planning grants to States in which + the only infant and child death review programs are statewide, + for the development of local infant and child death review + programs and prevention strategies. + ``(3) Application.--To be eligible to receive a grant under + paragraph (1) or (2), a State shall submit to the Secretary an + application at such time, in such manner, and containing such + information as the Secretary may require. + ``(4) Technical assistance.--The Secretary, acting through + the Administrator, shall provide technical assistance to assist + States-- + ``(A) in developing the capacity for comprehensive + infant and child death review programs, including the + development of best practices for the implementation of + such programs; and + ``(B) in maintaining the National Fatality Review + Case Reporting System. + ``(b) Authorization of Appropriations.--To carry out this section, +there is authorized to be appropriated $15,000,000 for each of fiscal +years 2019 through 2023. + +``SEC. 399OO-4. ENHANCING THE NATIONAL FATALITY REVIEW CASE REPORTING + SYSTEM. + + ``(a) In General.--The Secretary, acting through the Director and +in consultation with the National Fatality Review Case Reporting +System, national health organizations, and professional societies with +experience and expertise relating to reducing sudden unexpected infant +death and sudden unexpected death in childhood, shall maintain current +efforts of the National Fatality Review Case Reporting System so as to +provide population-based data on unexpected deaths occurring for +infants or children under age 18, in order to facilitate the +understanding of the root causes, rates, trends, and geographic +variations of sudden unexpected infant death and sudden unexpected +death in childhood. + ``(b) Compilation and Availability of Data.--The Secretary shall-- + ``(1) compile the data submitted under this section; + ``(2) make summary data available to the public in a timely + manner on an appropriate internet website in a format that is + useful to the public; and + ``(3) make data submitted under this section available, in + a manner that protects the privacy of individuals involved, to + individuals or entities conducting research into the causes of, + or prevention methods for, sudden unexpected infant death and + sudden unexpected death in childhood. + ``(c) Authorization of Appropriations.--To carry out this section, +there is authorized to be appropriated $1,000,000 for each of fiscal +years 2019 through 2023. + +``SEC. 399OO-5. GRANTS TO SUPPORT INFANT SAFE SLEEP. + + ``(a) In General.--The Secretary, acting through the Administrator, +shall award grants to national organizations, community-based +organizations, municipal public safety departments, and nonprofit +organizations for the provision of evidence-based approaches for +educational programs, and outreach activities focused on decreasing the +risk factors that contribute to sleep-related SUID. + ``(b) Application.--To be eligible to receive a grant under +subsection (a), an entity shall submit to the Secretary an application +at such time, in such manner, and containing such information as the +Secretary may require. + ``(c) Use of Funds.--Amounts received under a grant awarded under +subsection (a) may be used to-- + ``(1) provide outreach and education services directly to + parents and families, which-- + ``(A) may include home visits, 24-hour hotlines, + internet-based educational materials, mobile health + technologies, and social marketing campaigns; + ``(B) shall apply current safe sleep guidelines + published by a professional pediatric organization; and + ``(C) may provide safe sleep-related products to + families at no cost or at reduced cost that have + published, peer-reviewed evidence to support safer + sleep environments for infants through age one; or + ``(2) build capacity in professionals working with families + to support safe sleep. + ``(d) Safe-Sleep Products.--Any product related to safe sleep for +an infant that is provided under subsection (c)(1)(C) shall-- + ``(1) be in compliance with current safe sleep guidelines + published by a professional pediatric organization; + ``(2) be intended for use by the infant through age one; + and + ``(3) be covered by, and be in compliance with, a + regulation or mandatory standard promulgated by the Consumer + Product Safety Commission. + ``(e) Preference.--In awarding grants under subsection (a), the +Secretary shall give preference to applicants that have a proven +history of developing or delivering interventions for infants and +families to support safe sleep, include plans to report evidence of +program outcomes, and can demonstrate experience through collaborations +and partnerships for delivering services throughout a State or region. + ``(f) Set-Aside.--Not more than 5 percent of the amount of funds +appropriated to carry out this section may be used to conduct research +into the behavioral risks that lead to unsafe sleep practices and ways +to mitigate those risks. + ``(g) Authorization of Appropriations.--To carry out this section, +there is authorized to be appropriated $5,000,000 for fiscal year 2019 +and $7,000,000 for each of fiscal years 2020 through 2023.''. + +SEC. 3. SENSE OF CONGRESS. + + It is the sense of Congress that additional research is needed to +improve the understanding of the epidemiology of sudden unexpected +infant and childhood deaths that remain unexplained following a +comprehensive, standardized autopsy and appropriate ancillary testing. + +SEC. 4. REPORT TO CONGRESS. + + Not later than 1 year after the date of enactment of this Act, and +biennially thereafter, the Secretary of Health and Human Services, +acting through the Director of the Centers for Disease Control and +Prevention and in consultation with the Director of the National +Institutes of Health and the Administrator of the Health Resources and +Services Administration, shall submit to the Committee on Health, +Education, Labor, and Pensions of the Senate and the Committee on +Energy and Commerce of the House of Representatives a report that +contains, with respect to the preceding reporting period-- + (1) information regarding the absolute number and incidence + of sudden unexpected infant death, the absolute number and + incidence of sudden unexpected death in childhood, information + about the number of such infant and child deaths that remain + unexplained, information about such conditions by racial and + ethnic groups, information about such conditions by State, + aggregate information obtained from death scene investigations + and autopsies, and recommendations for reducing the incidence + of sudden unexpected infant death and sudden unexpected death + in childhood; + (2) an assessment of the extent to which various approaches + of preventing sudden unexpected infant death and sudden + unexpected death in childhood have been effective; + (3) a description of the activities carried out under part + W of title III of the Public Health Service Act (as added by + section 2); and + (4) any recommendations of the Secretary regarding such + part W. + \ No newline at end of file From 064fc576c9a4997844b7991995d9e029064c7f94 Mon Sep 17 00:00:00 2001 From: "Sen. Casey, Robert P., Jr. [D-PA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 802/984] Senate-1130: Engrossed in Senate --- bills_text/Senate-1130.txt | 530 ++++++++++++------------------------- 1 file changed, 176 insertions(+), 354 deletions(-) diff --git a/bills_text/Senate-1130.txt b/bills_text/Senate-1130.txt index a946ed1..982412c 100644 --- a/bills_text/Senate-1130.txt +++ b/bills_text/Senate-1130.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 1130 - To amend the Public Health Service Act to improve the health of - children and help better understand and enhance awareness about - unexpected sudden death in early life. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - April 10, 2019 - - Mr. Casey (for himself, Mr. Isakson, Mr. Brown, and Mr. Jones) -introduced the following bill; which was read twice and referred to the - Committee on Health, Education, Labor, and Pensions - -_______________________________________________________________________ - - A BILL + AN ACT @@ -38,348 +22,186 @@ Unexpected Death Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. - Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) -is amended by adding at the end the following: - -``PART W--SUDDEN UNEXPECTED INFANT DEATH AND SUDDEN UNEXPECTED DEATH IN - CHILDHOOD - -``SEC. 399OO. DEFINITIONS. - - ``In this part: - ``(1) Administrator.--The term `Administrator' means the - Administrator of the Health Resources and Services - Administration. - ``(2) Death scene investigator.--The term `death scene - investigator' means an individual certified or trained as a - death scene investigator by an accredited professional - certification board. - ``(3) Director.--The term `Director' means the Director of - the Centers for Disease Control and Prevention. - ``(4) State.--The term `State' has the meaning given to - such term in section 2, except that such term includes Indian - tribes and tribal organizations (as such terms are defined in - section 4 of the Indian Self-Determination and Education - Assistance Act). - ``(5) Sudden unexpected infant death; suid.--The terms - `sudden unexpected infant death' and `SUID' mean the sudden - death of an infant under 1 year of age that when first - discovered did not have an obvious cause. Such terms include - those deaths that are later determined to be from explained as - well as unexplained causes. - ``(6) Sudden unexpected death in childhood.--The term + Part B of title XI of the Public Health Service Act (42 U.S.C. 241 +et seq.) is amended-- + (1) in the part heading, by striking ``sudden infant death + syndrome'' and inserting ``sudden unexpected infant death, + sudden infant death syndrome, and sudden unexpected death in + childhood''; and + (2) by inserting before section 1122 the following: + +``SEC. 1121. ADDRESSING SUDDEN UNEXPECTED INFANT DEATH AND SUDDEN + UNEXPECTED DEATH IN CHILDHOOD. + + ``(a) In General.--The Secretary may develop, support, or maintain +programs or activities to address sudden unexpected infant death and +sudden unexpected death in childhood, including by-- + ``(1) continuing to support the Sudden Unexpected Infant + Death and Sudden Death in the Young Case Registry of the + Centers for Disease Control and Prevention and other fatality + case reporting systems that include data pertaining to sudden + unexpected infant death and sudden unexpected death in + childhood, as appropriate, including such systems supported by + the Health Resources and Services Administration, in order to-- + ``(A) increase the number of States and + jurisdictions participating in such registries or + systems; and + ``(B) improve the utility of such registries or + systems, which may include-- + ``(i) making summary data available to the + public in a timely manner on the internet + website of the Department of Health and Human + Services, in a manner that, at a minimum, + protects personal privacy to the extent + required by applicable Federal and State law; + and + ``(ii) making the data submitted to such + registries or systems available to researchers, + in a manner that, at a minimum, protects + personal privacy to the extent required by + applicable Federal and State law; and + ``(2) awarding grants or cooperative agreements to States, + Indian Tribes, and Tribal organizations for purposes of-- + ``(A) supporting fetal and infant mortality and + child death review programs for sudden unexpected + infant death and sudden unexpected death in childhood, + including by establishing such programs at the local + level; + ``(B) improving data collection related to sudden + unexpected infant death and sudden unexpected death in + childhood, including by-- + ``(i) improving the completion of death + scene investigations and comprehensive + autopsies that include a review of clinical + history and circumstances of death with + appropriate ancillary testing; and + ``(ii) training medical examiners, + coroners, death scene investigators, law + enforcement personnel, emergency medical + technicians, paramedics, emergency department + personnel, and others who perform death scene + investigations with respect to the deaths of + infants and children, as appropriate; + ``(C) identifying, developing, and implementing + best practices to reduce or prevent sudden unexpected + infant death and sudden unexpected death in childhood, + including practices to reduce sleep-related infant + deaths; + ``(D) increasing the voluntary inclusion, in + registries established for the purpose of conducting + research on sudden unexpected infant death and sudden + unexpected death in childhood, of samples of tissues or + genetic materials from autopsies that have been + collected pursuant to Federal or State law and for + which the parent or guardian has provided informed + consent for inclusion in such registries; or + ``(E) disseminating information and materials to + health care professionals and the public on risk + factors that contribute to sudden unexpected infant + death and sudden unexpected death in childhood, which + may include information on risk factors that contribute + to sleep-related sudden unexpected infant death or + sudden unexpected death in childhood. + ``(b) Application.--To be eligible to receive a grant or +cooperative agreement under subsection (a)(2), a State, Indian Tribe, +or Tribal organization shall submit to the Secretary an application at +such time, in such manner, and containing such information as the +Secretary may require, including information on how such State will +ensure activities conducted under this section are coordinated with +other federally-funded programs to reduce infant mortality, as +appropriate. + ``(c) Technical Assistance.--The Secretary shall provide technical +assistance to States, Tribes, and Tribal organizations receiving a +grant or cooperative agreement under subsection (a)(2) for purposes of +carrying out the program in accordance with this section. + ``(d) Reporting Forms.-- + ``(1) In general.--The Secretary shall, as appropriate, + encourage the use of sudden unexpected infant death and sudden + unexpected death in childhood reporting forms developed in + collaboration with the Centers for Disease Control and + Prevention to improve the quality of data submitted to the + Sudden Unexpected Infant Death and Sudden Death in the Young + Case Registry, and other fatality case reporting systems that + include data pertaining to sudden unexpected infant death and + sudden unexpected death in childhood. + ``(2) Update of forms.--The Secretary shall assess whether + updates are needed to the sudden unexpected infant death + investigation reporting form used by the Centers for Disease + Control and Prevention in order to improve the use of such form + with other fatality case reporting systems supported by the + Department of Health and Human Services, and shall make such + updates as appropriate. + ``(e) Definitions.--In this section: + ``(1) Sudden infant death syndrome.--The term `sudden + infant death syndrome' means a sudden unexpected infant death + that remains unexplained after a thorough case investigation. + ``(2) Sudden unexpected infant death.--The term `sudden + unexpected infant death' means the sudden death of an infant + under 1 year of age that when first discovered did not have an + obvious cause. Such term includes such deaths that are + explained, as well as deaths that remain unexplained (which are + known as sudden infant death syndrome). + ``(3) Sudden unexpected death in childhood.--The term `sudden unexpected death in childhood' means the sudden death - of a child who is 1 year of age or older that, when first - discovered, did not have an obvious cause. Such term includes - those deaths that are later determined to be from an explained - cause, and those deaths that remain unexplained after a - thorough case investigation that includes a review of the - clinical history and circumstances of death and performance of - a comprehensive, standardized autopsy with appropriate - ancillary testing (which are known as `sudden unexplained death - in childhood'). - -``SEC. 399OO-1. DEATH SCENE INVESTIGATION AND AUTOPSY. - - ``(a) Investigations.-- - ``(1) Reporting.--The Secretary, acting through the - Director, in consultation with experts that include board- - certified forensic pathologists, medical examiners, coroners, - pediatric pathologists, pediatric cardiologists, pediatric - neuropathologists and geneticists, and other individuals and - groups as the Director determines appropriate, shall revise the - Sudden Unexplained Infant Death Investigation Reporting Form of - the Centers for Disease Control and Prevention to include doll - re-enactments and scene investigation information on sleep- - related deaths of children younger than 5, and work to align - such form with the National Fatality Review Case Reporting - System. - ``(2) Grants.--The Secretary, acting through the Director, - shall award grants to States to enable such States to improve - the completion of comprehensive death scene investigations, and - reviews of such investigations, for sudden unexpected infant - death and sudden unexpected death in childhood. - ``(3) Application.--To be eligible to receive a grant under - paragraph (2), a State shall submit to the Secretary an - application at such time, in such manner, and containing such - information as the Secretary may require. - ``(4) Use of funds.-- - ``(A) In general.--A State shall use amounts - received under a grant under paragraph (2) to improve - the completion of comprehensive death scene - investigations for sudden unexpected infant death and - sudden unexpected death in childhood, including through - the awarding of subgrants to local jurisdictions (which - may include subgrants to medical examiners, coroners, - and other local entities responsible for conducting - autopsies) to be used to implement standard death scene - investigation protocols for sudden unexpected infant - death and sudden unexpected death in childhood and - conduct comprehensive, standardized autopsies. - ``(B) Protocols.--A standard death scene protocol - implemented under subparagraph (A) shall include the - obtaining of information on-- - ``(i) current and past medical history of - the infant or child and, as relevant, the - infant's or child's family; - ``(ii) the circumstances surrounding the - death, including any suspicious circumstances, - whether there were any accidental or - environmental factors associated with the - death; and - ``(iii) in the case of a sleep-related - death, the sleep position and sleep environment - of the infant or child. - ``(b) Autopsies.-- - ``(1) In general.--The Secretary, acting through the - Director, shall award grants to States and local governmental - entities to enable such States and entities to increase the - rate at which comprehensive, standardized autopsies are - performed for sudden unexpected infant death and sudden - unexpected death in childhood. - ``(2) Informed consent.--Grants awarded under this - subsection may be used for studies and demonstration projects - to increase the rate of consent among families of deceased - children for the inclusion of genetic or tissue samples - collected during autopsy in registries established for the - purposes of conducting research into sudden unexpected infant - deaths and sudden unexpected death in childhood. - ``(3) Application.--To be eligible to receive a grant under - paragraph (1), an eligible entity described in such paragraph - shall submit to the Secretary an application that includes-- - ``(A) a description of the methods to be studied or - tested to increase the rate of consent among families - of deceased children for the inclusion of genetic or - tissue samples collected during autopsy; - ``(B) information about the governmental and - nongovernmental entities with whom the eligible entity - will partner; and - ``(C) any additional information as the Secretary - may require. - ``(4) Comprehensive autopsy.--For purposes of this - subsection, a comprehensive, standardized autopsy includes, as - appropriate, a full external and internal examination, - including microscopic examination, of all major organs and - tissues including the brain, complete radiographs, vitreous - fluid analysis, photo documentation, metabolic testing, - toxicology screening, and, when indicated, selected genetic and - microbiology analyses of the infant or child involved. - ``(c) Genetic Analysis.--The Director, in consultation with medical -examiners, coroners, forensic pathologists, geneticists, researchers, -public health officials, and other individuals and groups as the -Director determines appropriate, shall develop recommendations for a -standard protocol for use in determining when to utilize genetic -analysis, and standard protocols for the collection and storage of -specimens suitable for genetic analysis. - ``(d) Authorization of Appropriations.--To carry out this section, -there is authorized to be appropriated $8,000,000 for each of fiscal -years 2019 through 2023. - -``SEC. 399OO-2. TRAINING. - - ``(a) Grants.--The Secretary, acting through the Director, shall -award grants to eligible entities for the provision of training on -death scene investigation specific for sudden unexpected infant death -and sudden unexpected death in childhood. - ``(b) Eligible Entities.--To be eligible to receive a grant under -subsection (a), an entity shall-- - ``(1) be-- - ``(A) a State or local government entity; or - ``(B) a nonprofit private entity; - ``(2) submit to the Secretary an application at such time, - in such manner, and containing such information as the - Secretary may require; and - ``(3) make publishing training materials developed using a - grant awarded under subsection (a) available on an internet - website and at no charge to attendees of training under - subsection (c)(1). - ``(c) Use of Funds.--An eligible entity shall use amounts received -under a grant under this section to-- - ``(1) provide training to medical examiners, coroners, - death scene investigators, law enforcement personnel, justices - of the peace, emergency medical technicians, paramedics, or - emergency department personnel concerning death scene - investigations for sudden unexpected infant death and sudden - unexpected death in childhood, including the use of standard - death scene investigation protocols that include information - on-- - ``(A) current and past medical history of the - infant or child and, as relevant, the infant's or - child's family; - ``(B) the circumstances surrounding the death, - including any suspicious circumstances; - ``(C) whether there were any accidental or - environmental factors associated with the death; and - ``(D) in the case of a sleep-related death, the - sleep position and sleep environment of the infant or - child; - ``(2) provide training directly to individuals who are - responsible for conducting and reviewing death scene - investigations for sudden unexpected infant death and sudden - unexpected death in childhood; - ``(3) provide training to multidisciplinary teams, - including teams that have a medical examiner or coroner, death - scene investigator, law enforcement representative, and an - emergency medical technician or paramedic; - ``(4) in the case of national and State-based grantees that - are comprised of medical examiners, coroners, death scene - investigators, law enforcement personnel, or emergency medical - technicians and paramedics, integrate training under the grant - on death scene investigation of sudden unexpected infant death - and sudden unexpected death in childhood into professional - accreditation and training programs; or - ``(5) in the case of State and local government entity - grantees, obtain equipment, including scene investigation kits, - to aid in the completion of standard death scene investigation. - ``(d) Authorization of Appropriations.--To carry out this section, -there is authorized to be appropriated $2,000,000 for each of fiscal -years 2019 through 2023. - -``SEC. 399OO-3. INFANT AND CHILD DEATH REVIEW. - - ``(a) Prevention.-- - ``(1) Core capacity grants.--The Secretary, acting through - the Administrator and in consultation with the Associate - Commissioner of the Children's Bureau of the Administration for - Children and Families, shall award grants to States to build - and strengthen State capacity, and enable States to support - local governments' capacity, so as to review 100 percent of all - infant and child deaths, and to develop and implement - prevention strategies, as appropriate. - ``(2) Planning grants.--The Secretary, acting through the - Administrator, shall award planning grants to States in which - the only infant and child death review programs are statewide, - for the development of local infant and child death review - programs and prevention strategies. - ``(3) Application.--To be eligible to receive a grant under - paragraph (1) or (2), a State shall submit to the Secretary an - application at such time, in such manner, and containing such - information as the Secretary may require. - ``(4) Technical assistance.--The Secretary, acting through - the Administrator, shall provide technical assistance to assist - States-- - ``(A) in developing the capacity for comprehensive - infant and child death review programs, including the - development of best practices for the implementation of - such programs; and - ``(B) in maintaining the National Fatality Review - Case Reporting System. - ``(b) Authorization of Appropriations.--To carry out this section, -there is authorized to be appropriated $15,000,000 for each of fiscal -years 2019 through 2023. + of a child who is at least 1 year of age but not more than 17 + years of age that, when first discovered, did not have an + obvious cause. Such term includes such deaths that are + explained, as well as deaths that remain unexplained (which are + known as sudden unexplained death in childhood). + ``(4) Sudden unexplained death in childhood.--The term + `sudden unexplained death in childhood' means a sudden + unexpected death in childhood that remains unexplained after a + thorough case investigation. + ``(f) Authorization of Appropriations.--For the purpose of carrying +out this section, there is authorized to be appropriated $12,000,000 +for each of fiscal years 2021 through 2025.''. + +SEC. 3. REPORT TO CONGRESS. + + (a) In General.--Not later than 2 years after the date of enactment +of this Act and biennially thereafter, the Secretary of Health and +Human Services shall submit to the Committee on Health, Education, +Labor, and Pensions of the Senate and the Committee on Energy and +Commerce of the House of Representatives a report that contains, with +respect to the reporting period-- + (1) information regarding the incidence and number of + sudden unexpected infant death and sudden unexpected death in + childhood (including the number of such infant and child deaths + that remain unexplained after investigation), including, to the + extent practicable-- + (A) a summary of such information by racial and + ethnic group, and by State; + (B) aggregate information obtained from death scene + investigations and autopsies; and + (C) recommendations for reducing the incidence of + sudden unexpected infant death and sudden unexpected + death in childhood; + (2) an assessment of the extent to which various approaches + of reducing and preventing sudden unexpected infant death and + sudden unexpected death in childhood have been effective; and + (3) a description of the activities carried out under + section 1121 of the Public Health Service Act (as added by + section 2). + (b) Definitions.--In this section, the terms ``sudden unexpected +infant death'' and ``sudden unexpected death in childhood'' have the +meanings given such terms in section 1121 of the Public Health Service +Act (as added by section 2). -``SEC. 399OO-4. ENHANCING THE NATIONAL FATALITY REVIEW CASE REPORTING - SYSTEM. + Passed the Senate May 20, 2020. - ``(a) In General.--The Secretary, acting through the Director and -in consultation with the National Fatality Review Case Reporting -System, national health organizations, and professional societies with -experience and expertise relating to reducing sudden unexpected infant -death and sudden unexpected death in childhood, shall maintain current -efforts of the National Fatality Review Case Reporting System so as to -provide population-based data on unexpected deaths occurring for -infants or children under age 18, in order to facilitate the -understanding of the root causes, rates, trends, and geographic -variations of sudden unexpected infant death and sudden unexpected -death in childhood. - ``(b) Compilation and Availability of Data.--The Secretary shall-- - ``(1) compile the data submitted under this section; - ``(2) make summary data available to the public in a timely - manner on an appropriate internet website in a format that is - useful to the public; and - ``(3) make data submitted under this section available, in - a manner that protects the privacy of individuals involved, to - individuals or entities conducting research into the causes of, - or prevention methods for, sudden unexpected infant death and - sudden unexpected death in childhood. - ``(c) Authorization of Appropriations.--To carry out this section, -there is authorized to be appropriated $1,000,000 for each of fiscal -years 2019 through 2023. + Attest: -``SEC. 399OO-5. GRANTS TO SUPPORT INFANT SAFE SLEEP. + Secretary. +116th CONGRESS - ``(a) In General.--The Secretary, acting through the Administrator, -shall award grants to national organizations, community-based -organizations, municipal public safety departments, and nonprofit -organizations for the provision of evidence-based approaches for -educational programs, and outreach activities focused on decreasing the -risk factors that contribute to sleep-related SUID. - ``(b) Application.--To be eligible to receive a grant under -subsection (a), an entity shall submit to the Secretary an application -at such time, in such manner, and containing such information as the -Secretary may require. - ``(c) Use of Funds.--Amounts received under a grant awarded under -subsection (a) may be used to-- - ``(1) provide outreach and education services directly to - parents and families, which-- - ``(A) may include home visits, 24-hour hotlines, - internet-based educational materials, mobile health - technologies, and social marketing campaigns; - ``(B) shall apply current safe sleep guidelines - published by a professional pediatric organization; and - ``(C) may provide safe sleep-related products to - families at no cost or at reduced cost that have - published, peer-reviewed evidence to support safer - sleep environments for infants through age one; or - ``(2) build capacity in professionals working with families - to support safe sleep. - ``(d) Safe-Sleep Products.--Any product related to safe sleep for -an infant that is provided under subsection (c)(1)(C) shall-- - ``(1) be in compliance with current safe sleep guidelines - published by a professional pediatric organization; - ``(2) be intended for use by the infant through age one; - and - ``(3) be covered by, and be in compliance with, a - regulation or mandatory standard promulgated by the Consumer - Product Safety Commission. - ``(e) Preference.--In awarding grants under subsection (a), the -Secretary shall give preference to applicants that have a proven -history of developing or delivering interventions for infants and -families to support safe sleep, include plans to report evidence of -program outcomes, and can demonstrate experience through collaborations -and partnerships for delivering services throughout a State or region. - ``(f) Set-Aside.--Not more than 5 percent of the amount of funds -appropriated to carry out this section may be used to conduct research -into the behavioral risks that lead to unsafe sleep practices and ways -to mitigate those risks. - ``(g) Authorization of Appropriations.--To carry out this section, -there is authorized to be appropriated $5,000,000 for fiscal year 2019 -and $7,000,000 for each of fiscal years 2020 through 2023.''. + 2d Session -SEC. 3. SENSE OF CONGRESS. + S. 1130 - It is the sense of Congress that additional research is needed to -improve the understanding of the epidemiology of sudden unexpected -infant and childhood deaths that remain unexplained following a -comprehensive, standardized autopsy and appropriate ancillary testing. +_______________________________________________________________________ -SEC. 4. REPORT TO CONGRESS. + AN ACT - Not later than 1 year after the date of enactment of this Act, and -biennially thereafter, the Secretary of Health and Human Services, -acting through the Director of the Centers for Disease Control and -Prevention and in consultation with the Director of the National -Institutes of Health and the Administrator of the Health Resources and -Services Administration, shall submit to the Committee on Health, -Education, Labor, and Pensions of the Senate and the Committee on -Energy and Commerce of the House of Representatives a report that -contains, with respect to the preceding reporting period-- - (1) information regarding the absolute number and incidence - of sudden unexpected infant death, the absolute number and - incidence of sudden unexpected death in childhood, information - about the number of such infant and child deaths that remain - unexplained, information about such conditions by racial and - ethnic groups, information about such conditions by State, - aggregate information obtained from death scene investigations - and autopsies, and recommendations for reducing the incidence - of sudden unexpected infant death and sudden unexpected death - in childhood; - (2) an assessment of the extent to which various approaches - of preventing sudden unexpected infant death and sudden - unexpected death in childhood have been effective; - (3) a description of the activities carried out under part - W of title III of the Public Health Service Act (as added by - section 2); and - (4) any recommendations of the Secretary regarding such - part W. - \ No newline at end of file + To amend the Public Health Service Act to improve the health of + children and help better understand and enhance awareness about + unexpected sudden death in early life. From b303b7ed978a4e08e649c0d6555ddcc5dc013e19 Mon Sep 17 00:00:00 2001 From: "Sen. Casey, Robert P., Jr. [D-PA]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 803/984] Senate-1130: Enrolled --- bills_text/Senate-1130.txt | 302 +++++++++++++++++-------------------- 1 file changed, 141 insertions(+), 161 deletions(-) diff --git a/bills_text/Senate-1130.txt b/bills_text/Senate-1130.txt index 982412c..37410b2 100644 --- a/bills_text/Senate-1130.txt +++ b/bills_text/Senate-1130.txt @@ -1,207 +1,187 @@ -116th CONGRESS - 2d Session - S. 1130 + S.1130 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend the Public Health Service Act to improve the health of - children and help better understand and enhance awareness about - unexpected sudden death in early life. +To amend the Public Health Service Act to improve the health of children +and help better understand and enhance awareness about unexpected sudden + death in early life. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Scarlett's Sunshine on Sudden Unexpected Death Act''. - SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. - Part B of title XI of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended-- - (1) in the part heading, by striking ``sudden infant death - syndrome'' and inserting ``sudden unexpected infant death, - sudden infant death syndrome, and sudden unexpected death in - childhood''; and - (2) by inserting before section 1122 the following: - + (1) in the part heading, by striking ``sudden infant death + syndrome'' and inserting ``sudden unexpected infant death, sudden + infant death syndrome, and sudden unexpected death in childhood''; + and + (2) by inserting before section 1122 the following: ``SEC. 1121. ADDRESSING SUDDEN UNEXPECTED INFANT DEATH AND SUDDEN - UNEXPECTED DEATH IN CHILDHOOD. - +UNEXPECTED DEATH IN CHILDHOOD. ``(a) In General.--The Secretary may develop, support, or maintain programs or activities to address sudden unexpected infant death and sudden unexpected death in childhood, including by-- - ``(1) continuing to support the Sudden Unexpected Infant - Death and Sudden Death in the Young Case Registry of the - Centers for Disease Control and Prevention and other fatality - case reporting systems that include data pertaining to sudden + ``(1) continuing to support the Sudden Unexpected Infant Death + and Sudden Death in the Young Case Registry of the Centers for + Disease Control and Prevention and other fatality case reporting + systems that include data pertaining to sudden unexpected infant + death and sudden unexpected death in childhood, as appropriate, + including such systems supported by the Health Resources and + Services Administration, in order to-- + ``(A) increase the number of States and jurisdictions + participating in such registries or systems; and + ``(B) improve the utility of such registries or systems, + which may include-- + ``(i) making summary data available to the public in a + timely manner on the internet website of the Department of + Health and Human Services, in a manner that, at a minimum, + protects personal privacy to the extent required by + applicable Federal and State law; and + ``(ii) making the data submitted to such registries or + systems available to researchers, in a manner that, at a + minimum, protects personal privacy to the extent required + by applicable Federal and State law; and + ``(2) awarding grants or cooperative agreements to States, + Indian Tribes, and Tribal organizations for purposes of-- + ``(A) supporting fetal and infant mortality and child death + review programs for sudden unexpected infant death and sudden + unexpected death in childhood, including by establishing such + programs at the local level; + ``(B) improving data collection related to sudden + unexpected infant death and sudden unexpected death in + childhood, including by-- + ``(i) improving the completion of death scene + investigations and comprehensive autopsies that include a + review of clinical history and circumstances of death with + appropriate ancillary testing; and + ``(ii) training medical examiners, coroners, death + scene investigators, law enforcement personnel, emergency + medical technicians, paramedics, emergency department + personnel, and others who perform death scene + investigations with respect to the deaths of infants and + children, as appropriate; + ``(C) identifying, developing, and implementing best + practices to reduce or prevent sudden unexpected infant death + and sudden unexpected death in childhood, including practices + to reduce sleep-related infant deaths; + ``(D) increasing the voluntary inclusion, in registries + established for the purpose of conducting research on sudden unexpected infant death and sudden unexpected death in - childhood, as appropriate, including such systems supported by - the Health Resources and Services Administration, in order to-- - ``(A) increase the number of States and - jurisdictions participating in such registries or - systems; and - ``(B) improve the utility of such registries or - systems, which may include-- - ``(i) making summary data available to the - public in a timely manner on the internet - website of the Department of Health and Human - Services, in a manner that, at a minimum, - protects personal privacy to the extent - required by applicable Federal and State law; - and - ``(ii) making the data submitted to such - registries or systems available to researchers, - in a manner that, at a minimum, protects - personal privacy to the extent required by - applicable Federal and State law; and - ``(2) awarding grants or cooperative agreements to States, - Indian Tribes, and Tribal organizations for purposes of-- - ``(A) supporting fetal and infant mortality and - child death review programs for sudden unexpected - infant death and sudden unexpected death in childhood, - including by establishing such programs at the local - level; - ``(B) improving data collection related to sudden - unexpected infant death and sudden unexpected death in - childhood, including by-- - ``(i) improving the completion of death - scene investigations and comprehensive - autopsies that include a review of clinical - history and circumstances of death with - appropriate ancillary testing; and - ``(ii) training medical examiners, - coroners, death scene investigators, law - enforcement personnel, emergency medical - technicians, paramedics, emergency department - personnel, and others who perform death scene - investigations with respect to the deaths of - infants and children, as appropriate; - ``(C) identifying, developing, and implementing - best practices to reduce or prevent sudden unexpected - infant death and sudden unexpected death in childhood, - including practices to reduce sleep-related infant - deaths; - ``(D) increasing the voluntary inclusion, in - registries established for the purpose of conducting - research on sudden unexpected infant death and sudden - unexpected death in childhood, of samples of tissues or - genetic materials from autopsies that have been - collected pursuant to Federal or State law and for - which the parent or guardian has provided informed - consent for inclusion in such registries; or - ``(E) disseminating information and materials to - health care professionals and the public on risk - factors that contribute to sudden unexpected infant - death and sudden unexpected death in childhood, which - may include information on risk factors that contribute - to sleep-related sudden unexpected infant death or - sudden unexpected death in childhood. + childhood, of samples of tissues or genetic materials from + autopsies that have been collected pursuant to Federal or State + law and for which the parent or guardian has provided informed + consent for inclusion in such registries; + ``(E) disseminating information and materials to health + care professionals and the public on risk factors that + contribute to sudden unexpected infant death and sudden + unexpected death in childhood, which may include information on + risk factors that contribute to sleep-related sudden unexpected + infant death or sudden unexpected death in childhood; or + ``(F) providing information, referrals, or peer or follow- + up support services to families who have experienced sudden + unexpected infant death or sudden unexpected death in + childhood. ``(b) Application.--To be eligible to receive a grant or cooperative agreement under subsection (a)(2), a State, Indian Tribe, or Tribal organization shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information on how such State will ensure activities conducted under this section are coordinated with -other federally-funded programs to reduce infant mortality, as -appropriate. +other federally-funded programs to reduce infant and child mortality, +as appropriate. ``(c) Technical Assistance.--The Secretary shall provide technical assistance to States, Tribes, and Tribal organizations receiving a grant or cooperative agreement under subsection (a)(2) for purposes of carrying out the program in accordance with this section. ``(d) Reporting Forms.-- - ``(1) In general.--The Secretary shall, as appropriate, - encourage the use of sudden unexpected infant death and sudden - unexpected death in childhood reporting forms developed in - collaboration with the Centers for Disease Control and - Prevention to improve the quality of data submitted to the - Sudden Unexpected Infant Death and Sudden Death in the Young - Case Registry, and other fatality case reporting systems that - include data pertaining to sudden unexpected infant death and - sudden unexpected death in childhood. - ``(2) Update of forms.--The Secretary shall assess whether - updates are needed to the sudden unexpected infant death - investigation reporting form used by the Centers for Disease - Control and Prevention in order to improve the use of such form - with other fatality case reporting systems supported by the - Department of Health and Human Services, and shall make such - updates as appropriate. + ``(1) In general.--The Secretary shall, as appropriate, + encourage the use of sudden unexpected infant death and sudden + unexpected death in childhood reporting forms developed in + collaboration with the Centers for Disease Control and Prevention + to improve the quality of data submitted to the Sudden Unexpected + Infant Death and Sudden Death in the Young Case Registry, and other + fatality case reporting systems that include data pertaining to + sudden unexpected infant death and sudden unexpected death in + childhood. + ``(2) Update of forms.--The Secretary shall assess whether + updates are needed to the sudden unexpected infant death + investigation reporting form used by the Centers for Disease + Control and Prevention in order to improve the use of such form + with other fatality case reporting systems supported by the + Department of Health and Human Services, and shall make such + updates as appropriate. ``(e) Definitions.--In this section: - ``(1) Sudden infant death syndrome.--The term `sudden - infant death syndrome' means a sudden unexpected infant death - that remains unexplained after a thorough case investigation. - ``(2) Sudden unexpected infant death.--The term `sudden - unexpected infant death' means the sudden death of an infant - under 1 year of age that when first discovered did not have an - obvious cause. Such term includes such deaths that are - explained, as well as deaths that remain unexplained (which are - known as sudden infant death syndrome). - ``(3) Sudden unexpected death in childhood.--The term - `sudden unexpected death in childhood' means the sudden death - of a child who is at least 1 year of age but not more than 17 - years of age that, when first discovered, did not have an - obvious cause. Such term includes such deaths that are - explained, as well as deaths that remain unexplained (which are - known as sudden unexplained death in childhood). - ``(4) Sudden unexplained death in childhood.--The term - `sudden unexplained death in childhood' means a sudden - unexpected death in childhood that remains unexplained after a - thorough case investigation. + ``(1) Sudden infant death syndrome.--The term `sudden infant + death syndrome' means a sudden unexpected infant death that remains + unexplained after a thorough case investigation. + ``(2) Sudden unexpected infant death.--The term `sudden + unexpected infant death' means the sudden death of an infant under + 1 year of age that when first discovered did not have an obvious + cause. Such term includes such deaths that are explained, as well + as deaths that remain unexplained (which are known as sudden infant + death syndrome). + ``(3) Sudden unexpected death in childhood.--The term `sudden + unexpected death in childhood' means the sudden death of a child + who is at least 1 year of age but not more than 17 years of age + that, when first discovered, did not have an obvious cause. Such + term includes such deaths that are explained, as well as deaths + that remain unexplained (which are known as sudden unexplained + death in childhood). + ``(4) Sudden unexplained death in childhood.--The term `sudden + unexplained death in childhood' means a sudden unexpected death in + childhood that remains unexplained after a thorough case + investigation. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $12,000,000 -for each of fiscal years 2021 through 2025.''. - +for each of fiscal years 2022 through 2026.''. SEC. 3. REPORT TO CONGRESS. - (a) In General.--Not later than 2 years after the date of enactment of this Act and biennially thereafter, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that contains, with respect to the reporting period-- - (1) information regarding the incidence and number of - sudden unexpected infant death and sudden unexpected death in - childhood (including the number of such infant and child deaths - that remain unexplained after investigation), including, to the - extent practicable-- - (A) a summary of such information by racial and - ethnic group, and by State; - (B) aggregate information obtained from death scene - investigations and autopsies; and - (C) recommendations for reducing the incidence of - sudden unexpected infant death and sudden unexpected - death in childhood; - (2) an assessment of the extent to which various approaches - of reducing and preventing sudden unexpected infant death and - sudden unexpected death in childhood have been effective; and - (3) a description of the activities carried out under - section 1121 of the Public Health Service Act (as added by - section 2). + (1) information regarding the incidence and number of sudden + unexpected infant death and sudden unexpected death in childhood + (including the number of such infant and child deaths that remain + unexplained after investigation), including, to the extent + practicable-- + (A) a summary of such information by racial and ethnic + group, and by State; + (B) aggregate information obtained from death scene + investigations and autopsies; and + (C) recommendations for reducing the incidence of sudden + unexpected infant death and sudden unexpected death in + childhood; + (2) an assessment of the extent to which various approaches of + reducing and preventing sudden unexpected infant death and sudden + unexpected death in childhood have been effective; and + (3) a description of the activities carried out under section + 1121 of the Public Health Service Act (as added by section 2). (b) Definitions.--In this section, the terms ``sudden unexpected infant death'' and ``sudden unexpected death in childhood'' have the meanings given such terms in section 1121 of the Public Health Service Act (as added by section 2). - Passed the Senate May 20, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 1130 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend the Public Health Service Act to improve the health of - children and help better understand and enhance awareness about - unexpected sudden death in early life. + Vice President of the United States and + President of the Senate. From 722ca2a46488997d8569c02e5be2bc44ae439aa2 Mon Sep 17 00:00:00 2001 From: "Sen. Baldwin, Tammy [D-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 804/984] Senate-1153: Introduced to Senate --- bills_text/Senate-1153.txt | 205 +++++++++++++++++++++++++++++++++++++ 1 file changed, 205 insertions(+) create mode 100644 bills_text/Senate-1153.txt diff --git a/bills_text/Senate-1153.txt b/bills_text/Senate-1153.txt new file mode 100644 index 0000000..073a998 --- /dev/null +++ b/bills_text/Senate-1153.txt @@ -0,0 +1,205 @@ +116th CONGRESS + 1st Session + S. 1153 + + To explicitly make unauthorized access to Department of Education +information technology systems and the misuse of identification devices + issued by the Department of Education a criminal act. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 11, 2019 + + Ms. Baldwin (for herself, Mr. Braun, Mrs. Shaheen, and Mrs. Fischer) +introduced the following bill; which was read twice and referred to the + Committee on Health, Education, Labor, and Pensions + +_______________________________________________________________________ + + A BILL + + + + To explicitly make unauthorized access to Department of Education +information technology systems and the misuse of identification devices + issued by the Department of Education a criminal act. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Stop Student Debt Relief Scams Act +of 2019''. + +SEC. 2. CRIMINAL PENALTIES. + + (a) In General.--Section 490 of the Higher Education Act of 1965 +(20 U.S.C. 1097) is amended by adding at the end the following: + ``(e) Access to Department of Education Information Technology +Systems for Fraud, Commercial Advantage, or Private Financial Gain.-- +Any person who knowingly uses an access device, as defined in section +1029(e)(1) of title 18, United States Code, issued to another person or +obtained by fraud or false statement to access Department information +technology systems for purposes of obtaining commercial advantage or +private financial gain, or in furtherance of any criminal or tortious +act in violation of the Constitution or laws of the United States or of +any State, shall be fined not more than $20,000, imprisoned for not +more than 5 years, or both.''. + (b) Guidance.--The Secretary shall issue guidance regarding the use +of access devices in a manner that complies with this Act, and the +amendments made by this Act. + (c) Effective Date of Penalties.--Notwithstanding section 6, the +penalties described in section 490(e) of the Higher Education Act of +1965 (20 U.S.C. 1097), as added by subsection (a), shall take effect +the day after the date on which the Secretary issues guidance regarding +the use of access devices, as described in subsection (b). + +SEC. 3. LOAN COUNSELING. + + Section 485(b) of the Higher Education Act of 1965 (20 U.S.C. +1092(b)) is amended-- + (1) in clause (viii), by striking ``and'' after the + semicolon; and + (2) by adding at the end the following: + ``(x) an explanation that-- + ``(I) the borrower may be contacted + during the repayment period by third- + party student debt relief companies; + ``(II) the borrower should use + caution when dealing with those + companies; and + ``(III) the services that those + companies typically provide are already + offered to borrowers free of charge + through the Department or the + borrower's servicer; and''. + +SEC. 4. PREVENTION OF IMPROPER ACCESS. + + Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) +is amended-- + (1) by redesignating subsections (e) through (h) as + subsections (f) through (i), respectively; + (2) in subsection (d)-- + (A) in paragraph (5)(C), by striking ``and'' after + the semicolon; + (B) in paragraph (6)(C), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(7) preventing access to the data system and any other + system used to administer a program under this title by any + person or entity for the purpose of assisting a student in + managing loan repayment or applying for any repayment plan, + consolidation loan, or other benefit authorized by this title, + unless such access meets the requirements described in + subsection (e).''; + (3) by inserting after subsection (d) the following: + ``(e) Requirements for Third-Party Data System Access.-- + ``(1) In general.--As provided in paragraph (7) of + subsection (d), an authorized person or entity described in + paragraph (2) may access the data system and any other system + used to administer a program under this title if that access-- + ``(A) is in compliance with terms of service, + information security standards, and a code of conduct + which shall be established by the Secretary and + published in the Federal Register; + ``(B) is obtained using an access device (as + defined in section 1029(e)(1) of title 18, United + States Code) issued by the Secretary to the authorized + person or entity; and + ``(C) is obtained without using any access device + (as defined in section 1029(e)(1) of title 18, United + States Code) issued by the Secretary to a student, + borrower, or parent. + ``(2) Authorized person or entity.--An authorized person or + entity described in this paragraph means-- + ``(A) a guaranty agency, eligible lender, or + eligible institution, or a third-party organization + acting on behalf of a guaranty agency, eligible lender, + or eligible institution, that is in compliance with + applicable Federal law (including regulations and + guidance); or + ``(B) a licensed attorney representing a student, + borrower, or parent, or another individual who works + for a Federal, State, local, or Tribal government or + agency, or for a nonprofit organization, providing + financial or student loan repayment counseling to a + student, borrower, or parent, if-- + ``(i) that attorney or other individual has + never engaged in unfair, deceptive, or abusive + practices, as determined by the Secretary; + ``(ii) that attorney or other individual + does not work for an entity that has engaged in + unfair, deceptive, or abusive practices + (including an entity that is owned or operated + by a person or entity that engaged in such + practices), as determined by the Secretary; + ``(iii) system access is provided only + through a separate point of entry; and + ``(iv) the attorney or other individual has + consent from the relevant student, borrower, or + parent to access the system.''; and + (4) in subsection (f)(1), as redesignated by paragraph + (1)-- + (A) in subparagraph (A), by striking ``student and + parent'' and inserting ``student, borrower, and + parent''; + (B) by redesignating subparagraphs (C) and (D) as + subparagraphs (D) and (E), respectively; + (C) by inserting after subparagraph (B) the + following: + ``(C) the reduction in improper data system access + as described in subsection (d)(7);''; and + (D) by striking subparagraph (E), as redesignated + by subparagraph (B), and inserting the following: + ``(E) any protocols, codes of conduct, terms of + service, or information security standards developed + under paragraphs (6) or (7) of subsection (d) during + the preceding fiscal year.''. + +SEC. 5. AGENCY PREVENTION AND DETECTION. + + Section 141(b)(2) of the Higher Education Act of 1965 (20 U.S.C. +1018(b)(2)) is amended by adding at the end the following: + ``(C) Taking action to prevent and address the + improper use of access devices, as described in section + 485B(d)(7), including by-- + ``(i) detecting common patterns of improper + use of any system that processes payments on + Federal Direct Loans or other Department + information technology systems; + ``(ii) maintaining a reporting system for + contractors involved in the processing of + payments on Federal Direct Loans in order to + allow those contractors to alert the Secretary + of potentially improper use of Department + information technology systems; + ``(iii) proactively contacting Federal + student loan borrowers whose Federal student + loan accounts demonstrate a likelihood of + improper use in order to warn those borrowers + of suspicious activity or potential fraud + regarding their Federal student loan accounts; + and + ``(iv) providing clear and simple + disclosures in communications with borrowers + who are applying for or requesting assistance + with Federal Direct Loan programs (including + assistance or applications regarding income- + driven repayment, forbearance, deferment, + consolidation, rehabilitation, cancellation, + and forgiveness) to ensure that borrowers are + aware that the Department will never require + borrowers to pay for such assistance or + applications.''. + +SEC. 6. EFFECTIVE DATE. + + This Act, and the amendments made by this Act, shall take effect on +the date that is 180 days after the date of enactment of this Act. + \ No newline at end of file From 8ec060e88317d17144788cd70bd18ff6a26ba5f2 Mon Sep 17 00:00:00 2001 From: "Sen. Baldwin, Tammy [D-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 805/984] Senate-1153: Engrossed in Senate --- bills_text/Senate-1153.txt | 40 ++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 19 deletions(-) diff --git a/bills_text/Senate-1153.txt b/bills_text/Senate-1153.txt index 073a998..58b66b7 100644 --- a/bills_text/Senate-1153.txt +++ b/bills_text/Senate-1153.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 1153 - To explicitly make unauthorized access to Department of Education -information technology systems and the misuse of identification devices - issued by the Department of Education a criminal act. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - April 11, 2019 - - Ms. Baldwin (for herself, Mr. Braun, Mrs. Shaheen, and Mrs. Fischer) -introduced the following bill; which was read twice and referred to the - Committee on Health, Education, Labor, and Pensions - -_______________________________________________________________________ - - A BILL + AN ACT @@ -202,4 +186,22 @@ SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act. - \ No newline at end of file + + Passed the Senate December 1, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 1153 + +_______________________________________________________________________ + + AN ACT + + To explicitly make unauthorized access to Department of Education +information technology systems and the misuse of identification devices + issued by the Department of Education a criminal act. From e58939e840d2d9df68312b08b1ce5c4ca9ca3868 Mon Sep 17 00:00:00 2001 From: "Sen. Baldwin, Tammy [D-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 806/984] Senate-1153: Enrolled --- bills_text/Senate-1153.txt | 281 ++++++++++++++++--------------------- 1 file changed, 124 insertions(+), 157 deletions(-) diff --git a/bills_text/Senate-1153.txt b/bills_text/Senate-1153.txt index 58b66b7..768af41 100644 --- a/bills_text/Senate-1153.txt +++ b/bills_text/Senate-1153.txt @@ -1,27 +1,32 @@ -116th CONGRESS - 2d Session - S. 1153 + S.1153 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To explicitly make unauthorized access to Department of Education information technology systems and the misuse of identification devices - issued by the Department of Education a criminal act. + issued by the Department of Education a criminal act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Stop Student Debt Relief Scams Act of 2019''. - SEC. 2. CRIMINAL PENALTIES. - (a) In General.--Section 490 of the Higher Education Act of 1965 (20 U.S.C. 1097) is amended by adding at the end the following: ``(e) Access to Department of Education Information Technology @@ -42,166 +47,128 @@ penalties described in section 490(e) of the Higher Education Act of 1965 (20 U.S.C. 1097), as added by subsection (a), shall take effect the day after the date on which the Secretary issues guidance regarding the use of access devices, as described in subsection (b). - SEC. 3. LOAN COUNSELING. - Section 485(b) of the Higher Education Act of 1965 (20 U.S.C. 1092(b)) is amended-- - (1) in clause (viii), by striking ``and'' after the - semicolon; and - (2) by adding at the end the following: - ``(x) an explanation that-- - ``(I) the borrower may be contacted - during the repayment period by third- - party student debt relief companies; - ``(II) the borrower should use - caution when dealing with those - companies; and - ``(III) the services that those - companies typically provide are already - offered to borrowers free of charge - through the Department or the - borrower's servicer; and''. + (1) in clause (viii), by striking ``and'' after the semicolon; + and + (2) by adding at the end the following: + ``(x) an explanation that-- + + ``(I) the borrower may be contacted during the + repayment period by third-party student debt relief + companies; + ``(II) the borrower should use caution when dealing + with those companies; and + ``(III) the services that those companies typically + provide are already offered to borrowers free of charge + through the Department or the borrower's servicer; + and''. SEC. 4. PREVENTION OF IMPROPER ACCESS. - Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) is amended-- - (1) by redesignating subsections (e) through (h) as - subsections (f) through (i), respectively; - (2) in subsection (d)-- - (A) in paragraph (5)(C), by striking ``and'' after - the semicolon; - (B) in paragraph (6)(C), by striking the period at - the end and inserting ``; and''; and - (C) by adding at the end the following: - ``(7) preventing access to the data system and any other - system used to administer a program under this title by any - person or entity for the purpose of assisting a student in - managing loan repayment or applying for any repayment plan, - consolidation loan, or other benefit authorized by this title, - unless such access meets the requirements described in - subsection (e).''; - (3) by inserting after subsection (d) the following: + (1) by redesignating subsections (e) through (h) as subsections + (f) through (i), respectively; + (2) in subsection (d)-- + (A) in paragraph (5)(C), by striking ``and'' after the + semicolon; + (B) in paragraph (6)(C), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: + ``(7) preventing access to the data system and any other system + used to administer a program under this title by any person or + entity for the purpose of assisting a student in managing loan + repayment or applying for any repayment plan, consolidation loan, + or other benefit authorized by this title, unless such access meets + the requirements described in subsection (e).''; + (3) by inserting after subsection (d) the following: ``(e) Requirements for Third-Party Data System Access.-- - ``(1) In general.--As provided in paragraph (7) of - subsection (d), an authorized person or entity described in - paragraph (2) may access the data system and any other system - used to administer a program under this title if that access-- - ``(A) is in compliance with terms of service, - information security standards, and a code of conduct - which shall be established by the Secretary and - published in the Federal Register; - ``(B) is obtained using an access device (as - defined in section 1029(e)(1) of title 18, United - States Code) issued by the Secretary to the authorized - person or entity; and - ``(C) is obtained without using any access device - (as defined in section 1029(e)(1) of title 18, United - States Code) issued by the Secretary to a student, - borrower, or parent. - ``(2) Authorized person or entity.--An authorized person or - entity described in this paragraph means-- - ``(A) a guaranty agency, eligible lender, or - eligible institution, or a third-party organization - acting on behalf of a guaranty agency, eligible lender, - or eligible institution, that is in compliance with - applicable Federal law (including regulations and - guidance); or - ``(B) a licensed attorney representing a student, - borrower, or parent, or another individual who works - for a Federal, State, local, or Tribal government or - agency, or for a nonprofit organization, providing - financial or student loan repayment counseling to a - student, borrower, or parent, if-- - ``(i) that attorney or other individual has - never engaged in unfair, deceptive, or abusive - practices, as determined by the Secretary; - ``(ii) that attorney or other individual - does not work for an entity that has engaged in - unfair, deceptive, or abusive practices - (including an entity that is owned or operated - by a person or entity that engaged in such - practices), as determined by the Secretary; - ``(iii) system access is provided only - through a separate point of entry; and - ``(iv) the attorney or other individual has - consent from the relevant student, borrower, or - parent to access the system.''; and - (4) in subsection (f)(1), as redesignated by paragraph - (1)-- - (A) in subparagraph (A), by striking ``student and - parent'' and inserting ``student, borrower, and - parent''; - (B) by redesignating subparagraphs (C) and (D) as - subparagraphs (D) and (E), respectively; - (C) by inserting after subparagraph (B) the - following: - ``(C) the reduction in improper data system access - as described in subsection (d)(7);''; and - (D) by striking subparagraph (E), as redesignated - by subparagraph (B), and inserting the following: - ``(E) any protocols, codes of conduct, terms of - service, or information security standards developed - under paragraphs (6) or (7) of subsection (d) during - the preceding fiscal year.''. - + ``(1) In general.--As provided in paragraph (7) of subsection + (d), an authorized person or entity described in paragraph (2) may + access the data system and any other system used to administer a + program under this title if that access-- + ``(A) is in compliance with terms of service, information + security standards, and a code of conduct which shall be + established by the Secretary and published in the Federal + Register; + ``(B) is obtained using an access device (as defined in + section 1029(e)(1) of title 18, United States Code) issued by + the Secretary to the authorized person or entity; and + ``(C) is obtained without using any access device (as + defined in section 1029(e)(1) of title 18, United States Code) + issued by the Secretary to a student, borrower, or parent. + ``(2) Authorized person or entity.--An authorized person or + entity described in this paragraph means-- + ``(A) a guaranty agency, eligible lender, or eligible + institution, or a third-party organization acting on behalf of + a guaranty agency, eligible lender, or eligible institution, + that is in compliance with applicable Federal law (including + regulations and guidance); or + ``(B) a licensed attorney representing a student, borrower, + or parent, or another individual who works for a Federal, + State, local, or Tribal government or agency, or for a + nonprofit organization, providing financial or student loan + repayment counseling to a student, borrower, or parent, if-- + ``(i) that attorney or other individual has never + engaged in unfair, deceptive, or abusive practices, as + determined by the Secretary; + ``(ii) that attorney or other individual does not work + for an entity that has engaged in unfair, deceptive, or + abusive practices (including an entity that is owned or + operated by a person or entity that engaged in such + practices), as determined by the Secretary; + ``(iii) system access is provided only through a + separate point of entry; and + ``(iv) the attorney or other individual has consent + from the relevant student, borrower, or parent to access + the system.''; and + (4) in subsection (f)(1), as redesignated by paragraph (1)-- + (A) in subparagraph (A), by striking ``student and parent'' + and inserting ``student, borrower, and parent''; + (B) by redesignating subparagraphs (C) and (D) as + subparagraphs (D) and (E), respectively; + (C) by inserting after subparagraph (B) the following: + ``(C) the reduction in improper data system access as + described in subsection (d)(7);''; and + (D) by striking subparagraph (E), as redesignated by + subparagraph (B), and inserting the following: + ``(E) any protocols, codes of conduct, terms of service, or + information security standards developed under paragraphs (6) + or (7) of subsection (d) during the preceding fiscal year.''. SEC. 5. AGENCY PREVENTION AND DETECTION. - Section 141(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1018(b)(2)) is amended by adding at the end the following: - ``(C) Taking action to prevent and address the - improper use of access devices, as described in section - 485B(d)(7), including by-- - ``(i) detecting common patterns of improper - use of any system that processes payments on - Federal Direct Loans or other Department - information technology systems; - ``(ii) maintaining a reporting system for - contractors involved in the processing of - payments on Federal Direct Loans in order to - allow those contractors to alert the Secretary - of potentially improper use of Department - information technology systems; - ``(iii) proactively contacting Federal - student loan borrowers whose Federal student - loan accounts demonstrate a likelihood of - improper use in order to warn those borrowers - of suspicious activity or potential fraud - regarding their Federal student loan accounts; - and - ``(iv) providing clear and simple - disclosures in communications with borrowers - who are applying for or requesting assistance - with Federal Direct Loan programs (including - assistance or applications regarding income- - driven repayment, forbearance, deferment, - consolidation, rehabilitation, cancellation, - and forgiveness) to ensure that borrowers are - aware that the Department will never require - borrowers to pay for such assistance or - applications.''. - + ``(C) Taking action to prevent and address the improper use + of access devices, as described in section 485B(d)(7), + including by-- + ``(i) detecting common patterns of improper use of any + system that processes payments on Federal Direct Loans or + other Department information technology systems; + ``(ii) maintaining a reporting system for contractors + involved in the processing of payments on Federal Direct + Loans in order to allow those contractors to alert the + Secretary of potentially improper use of Department + information technology systems; + ``(iii) proactively contacting Federal student loan + borrowers whose Federal student loan accounts demonstrate a + likelihood of improper use in order to warn those borrowers + of suspicious activity or potential fraud regarding their + Federal student loan accounts; and + ``(iv) providing clear and simple disclosures in + communications with borrowers who are applying for or + requesting assistance with Federal Direct Loan programs + (including assistance or applications regarding income- + driven repayment, forbearance, deferment, consolidation, + rehabilitation, cancellation, and forgiveness) to ensure + that borrowers are aware that the Department will never + require borrowers to pay for such assistance or + applications.''. SEC. 6. EFFECTIVE DATE. - This Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act. - Passed the Senate December 1, 2020. - - Attest: - - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 2d Session - - S. 1153 - -_______________________________________________________________________ - - AN ACT - - To explicitly make unauthorized access to Department of Education -information technology systems and the misuse of identification devices - issued by the Department of Education a criminal act. + Vice President of the United States and + President of the Senate. From bcb2e1825d5dc18e53e24d7ce6f3113b3d946e0c Mon Sep 17 00:00:00 2001 From: "Sen. Baldwin, Tammy [D-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 807/984] Senate-1196: Introduced to Senate --- bills_text/Senate-1196.txt | 44 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/Senate-1196.txt diff --git a/bills_text/Senate-1196.txt b/bills_text/Senate-1196.txt new file mode 100644 index 0000000..0be6025 --- /dev/null +++ b/bills_text/Senate-1196.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 1st Session + S. 1196 + + To designate the facility of the United States Postal Service located +at 1715 Linnerud Drive in Sun Prairie, Wisconsin, as the ``Fire Captain + Cory Barr Post Office Building''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + April 11, 2019 + + Ms. Baldwin (for herself and Mr. Johnson) introduced the following + bill; which was read twice and referred to the Committee on Homeland + Security and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 1715 Linnerud Drive in Sun Prairie, Wisconsin, as the ``Fire Captain + Cory Barr Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. FIRE CAPTAIN CORY BARR POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 1715 Linnerud Drive in Sun Prairie, Wisconsin, shall be +known and designated as the ``Fire Captain Cory Barr Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Fire +Captain Cory Barr Post Office Building''. + \ No newline at end of file From 9838540ecdabdc401fdb07673da62b4400a9be65 Mon Sep 17 00:00:00 2001 From: "Sen. Baldwin, Tammy [D-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 808/984] Senate-1196: Engrossed in Senate --- bills_text/Senate-1196.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-1196.txt b/bills_text/Senate-1196.txt index 0be6025..af19df4 100644 --- a/bills_text/Senate-1196.txt +++ b/bills_text/Senate-1196.txt @@ -2,25 +2,9 @@ 1st Session S. 1196 - To designate the facility of the United States Postal Service located -at 1715 Linnerud Drive in Sun Prairie, Wisconsin, as the ``Fire Captain - Cory Barr Post Office Building''. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - April 11, 2019 - - Ms. Baldwin (for herself and Mr. Johnson) introduced the following - bill; which was read twice and referred to the Committee on Homeland - Security and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -41,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Fire Captain Cory Barr Post Office Building''. - \ No newline at end of file + + Passed the Senate July 30, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1196 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 1715 Linnerud Drive in Sun Prairie, Wisconsin, as the ``Fire Captain + Cory Barr Post Office Building''. From 014549851c40162916e905806e714c81092942cd Mon Sep 17 00:00:00 2001 From: "Sen. Baldwin, Tammy [D-WI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 809/984] Senate-1196: Enrolled --- bills_text/Senate-1196.txt | 47 ++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/Senate-1196.txt b/bills_text/Senate-1196.txt index af19df4..db439cf 100644 --- a/bills_text/Senate-1196.txt +++ b/bills_text/Senate-1196.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - S. 1196 + S.1196 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To designate the facility of the United States Postal Service located -at 1715 Linnerud Drive in Sun Prairie, Wisconsin, as the ``Fire Captain - Cory Barr Post Office Building''. +To designate the facility of the United States Postal Service located at + 1715 Linnerud Drive in Sun Prairie, Wisconsin, as the ``Fire Captain + Cory Barr Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. FIRE CAPTAIN CORY BARR POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 1715 Linnerud Drive in Sun Prairie, Wisconsin, shall be known and designated as the ``Fire Captain Cory Barr Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Fire Captain Cory Barr Post Office Building''. - Passed the Senate July 30, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 1196 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 1715 Linnerud Drive in Sun Prairie, Wisconsin, as the ``Fire Captain - Cory Barr Post Office Building''. + Vice President of the United States and + President of the Senate. From 22462e571cfed2ab2f2b18172f09bed0fa261dcd Mon Sep 17 00:00:00 2001 From: "Sen. Blumenthal, Richard [D-CT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 810/984] Senate-1321: Introduced to Senate --- bills_text/Senate-1321.txt | 65 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 65 insertions(+) create mode 100644 bills_text/Senate-1321.txt diff --git a/bills_text/Senate-1321.txt b/bills_text/Senate-1321.txt new file mode 100644 index 0000000..857c106 --- /dev/null +++ b/bills_text/Senate-1321.txt @@ -0,0 +1,65 @@ +116th CONGRESS + 1st Session + S. 1321 + + To amend title 18, United States Code, to prohibit interference with + voting systems under the Computer Fraud and Abuse Act. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 6, 2019 + +Mr. Blumenthal (for himself, Mr. Graham, and Mr. Whitehouse) introduced +the following bill; which was read twice and referred to the Committee + on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To amend title 18, United States Code, to prohibit interference with + voting systems under the Computer Fraud and Abuse Act. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Defending the Integrity of Voting +Systems Act''. + +SEC. 2. PROHIBITION ON INTERFERENCE WITH VOTING SYSTEMS. + + Section 1030(e) of title 18, United States Code, is amended-- + (1) in paragraph (2)-- + (A) in subparagraph (A), by striking ``or'' at the + end; + (B) in subparagraph (B), by adding ``or'' at the + end; and + (C) by adding at the end the following: + ``(C) that-- + ``(i) is part of a voting system; and + ``(ii)(I) is used for the management, + support, or administration of a Federal + election; or + ``(II) has moved in or otherwise affects + interstate or foreign commerce;''; + (2) in paragraph (11), by striking ``and'' at the end; + (3) in paragraph (12), by striking the period and inserting + a semicolon; and + (4) by adding at the end the following: + ``(13) the term `Federal election' means any election (as + defined in section 301(1) of the Federal Election Campaign Act + of 1971 (52 U.S.C. 30101(1))) for Federal office (as defined in + section 301(3) of the Federal Election Campaign Act of 1971 (52 + U.S.C. 30101(3))); and + ``(14) the term `voting system' has the meaning given the + term in section 301(b) of the Help America Vote Act of 2002 (52 + U.S.C. 21081(b)).''. + \ No newline at end of file From 56dfccce99eb1591d00df4fec2bd467179e40102 Mon Sep 17 00:00:00 2001 From: "Sen. Blumenthal, Richard [D-CT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 811/984] Senate-1321: Engrossed in Senate --- bills_text/Senate-1321.txt | 36 +++++++++++++++++++----------------- 1 file changed, 19 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-1321.txt b/bills_text/Senate-1321.txt index 857c106..2a0ff75 100644 --- a/bills_text/Senate-1321.txt +++ b/bills_text/Senate-1321.txt @@ -2,24 +2,9 @@ 1st Session S. 1321 - To amend title 18, United States Code, to prohibit interference with - voting systems under the Computer Fraud and Abuse Act. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - May 6, 2019 - -Mr. Blumenthal (for himself, Mr. Graham, and Mr. Whitehouse) introduced -the following bill; which was read twice and referred to the Committee - on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -62,4 +47,21 @@ SEC. 2. PROHIBITION ON INTERFERENCE WITH VOTING SYSTEMS. ``(14) the term `voting system' has the meaning given the term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)).''. - \ No newline at end of file + + Passed the Senate July 17, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1321 + +_______________________________________________________________________ + + AN ACT + + To amend title 18, United States Code, to prohibit interference with + voting systems under the Computer Fraud and Abuse Act. From f890f54b09c64e87e2d8f9c899b893270599fbaa Mon Sep 17 00:00:00 2001 From: "Sen. Blumenthal, Richard [D-CT]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 812/984] Senate-1321: Enrolled --- bills_text/Senate-1321.txt | 95 +++++++++++++++++--------------------- 1 file changed, 42 insertions(+), 53 deletions(-) diff --git a/bills_text/Senate-1321.txt b/bills_text/Senate-1321.txt index 2a0ff75..5e921cb 100644 --- a/bills_text/Senate-1321.txt +++ b/bills_text/Senate-1321.txt @@ -1,67 +1,56 @@ -116th CONGRESS - 1st Session - S. 1321 + S.1321 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend title 18, United States Code, to prohibit interference with + To amend title 18, United States Code, to prohibit interference with voting systems under the Computer Fraud and Abuse Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Defending the Integrity of Voting Systems Act''. - SEC. 2. PROHIBITION ON INTERFERENCE WITH VOTING SYSTEMS. - Section 1030(e) of title 18, United States Code, is amended-- - (1) in paragraph (2)-- - (A) in subparagraph (A), by striking ``or'' at the - end; - (B) in subparagraph (B), by adding ``or'' at the - end; and - (C) by adding at the end the following: - ``(C) that-- - ``(i) is part of a voting system; and - ``(ii)(I) is used for the management, - support, or administration of a Federal - election; or - ``(II) has moved in or otherwise affects - interstate or foreign commerce;''; - (2) in paragraph (11), by striking ``and'' at the end; - (3) in paragraph (12), by striking the period and inserting - a semicolon; and - (4) by adding at the end the following: - ``(13) the term `Federal election' means any election (as - defined in section 301(1) of the Federal Election Campaign Act - of 1971 (52 U.S.C. 30101(1))) for Federal office (as defined in - section 301(3) of the Federal Election Campaign Act of 1971 (52 - U.S.C. 30101(3))); and - ``(14) the term `voting system' has the meaning given the - term in section 301(b) of the Help America Vote Act of 2002 (52 - U.S.C. 21081(b)).''. - - Passed the Senate July 17, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 1321 - -_______________________________________________________________________ - - AN ACT - - To amend title 18, United States Code, to prohibit interference with - voting systems under the Computer Fraud and Abuse Act. + (1) in paragraph (2)-- + (A) in subparagraph (A), by striking ``or'' at the end; + (B) in subparagraph (B), by adding ``or'' at the end; and + (C) by adding at the end the following: + ``(C) that-- + ``(i) is part of a voting system; and + ``(ii)(I) is used for the management, support, or + administration of a Federal election; or + ``(II) has moved in or otherwise affects interstate or + foreign commerce;''; + (2) in paragraph (11), by striking ``and'' at the end; + (3) in paragraph (12), by striking the period and inserting a + semicolon; and + (4) by adding at the end the following: + ``(13) the term `Federal election' means any election (as + defined in section 301(1) of the Federal Election Campaign Act of + 1971 (52 U.S.C. 30101(1))) for Federal office (as defined in + section 301(3) of the Federal Election Campaign Act of 1971 (52 + U.S.C. 30101(3))); and + ``(14) the term `voting system' has the meaning given the term + in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. + 21081(b)).''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 7cfa29aaf1d84260a7e6e52e4705f4d2c3e2d903 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 813/984] Senate-1342: Introduced to Senate --- bills_text/Senate-1342.txt | 83 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 83 insertions(+) create mode 100644 bills_text/Senate-1342.txt diff --git a/bills_text/Senate-1342.txt b/bills_text/Senate-1342.txt new file mode 100644 index 0000000..6bceb81 --- /dev/null +++ b/bills_text/Senate-1342.txt @@ -0,0 +1,83 @@ +116th CONGRESS + 1st Session + S. 1342 + + To require the Under Secretary for Oceans and Atmosphere to update + periodically the environmental sensitivity index products of the + National Oceanic and Atmospheric Administration for each coastal area + of the Great Lakes, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 7, 2019 + + Mr. Peters (for himself and Mr. Young) introduced the following bill; + which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To require the Under Secretary for Oceans and Atmosphere to update + periodically the environmental sensitivity index products of the + National Oceanic and Atmospheric Administration for each coastal area + of the Great Lakes, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Great Lakes Environmental +Sensitivity Index Act of 2019''. + +SEC. 2. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF NATIONAL + OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT LAKES. + + (a) Update Required for Environmental Sensitivity Index Products +for Great Lakes.--Not later than 180 days after the date of the +enactment of this Act, the Under Secretary for Oceans and Atmosphere +shall commence updating the environmental sensitivity index products of +the National Oceanic and Atmospheric Administration for each coastal +area of the Great Lakes. + (b) Periodic Updates for Environmental Sensitivity Index Products +Generally.--Subject to the availability of appropriations and the +priorities set forth in subsection (c), the Under Secretary shall-- + (1) periodically update the environmental sensitivity index + products of the Administration; and + (2) endeavor to do so not less frequently than once every 7 + years. + (c) Priorities.--When prioritizing geographic areas to update +environmental sensitivity index products, the Under Secretary shall +consider-- + (1) the age of existing environmental sensitivity index + products for the areas; + (2) the occurrence of extreme events, be it natural or man- + made, which have significantly altered the shoreline or + ecosystem since the last update; + (3) the natural variability of shoreline and coastal + environment; and + (4) the volume of vessel traffic and general vulnerability + to spilled pollutants. + (d) Environmental Sensitivity Index Product Defined.--In this +section, the term ``environmental sensitivity index product'' means a +map or similar tool that is utilized to identify sensitive shoreline, +coastal or offshore, resources prior to an oil spill event in order to +set baseline priorities for protection and plan cleanup strategies, +typically including information relating to shoreline type, biological +resources, and human use resources. + (e) Authorization of Appropriations.-- + (1) In general.--There is authorized to be appropriated to + the Under Secretary $7,500,000 to carry out subsection (a). + (2) Availability.--Amounts appropriated or otherwise made + available pursuant to paragraph (1) shall be available to the + Under Secretary for the purposes set forth in such paragraph + until expended. + \ No newline at end of file From f3bce04afa43d289f7de7886975bf95e37a92977 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 814/984] Senate-1342: Engrossed in Senate --- bills_text/Senate-1342.txt | 52 ++++++++++++++++++-------------------- 1 file changed, 25 insertions(+), 27 deletions(-) diff --git a/bills_text/Senate-1342.txt b/bills_text/Senate-1342.txt index 6bceb81..ec8d066 100644 --- a/bills_text/Senate-1342.txt +++ b/bills_text/Senate-1342.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2nd Session S. 1342 - To require the Under Secretary for Oceans and Atmosphere to update - periodically the environmental sensitivity index products of the - National Oceanic and Atmospheric Administration for each coastal area - of the Great Lakes, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - May 7, 2019 - - Mr. Peters (for himself and Mr. Young) introduced the following bill; - which was read twice and referred to the Committee on Commerce, - Science, and Transportation - _______________________________________________________________________ - A BILL + AN ACT @@ -73,11 +56,26 @@ coastal or offshore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use resources. - (e) Authorization of Appropriations.-- - (1) In general.--There is authorized to be appropriated to - the Under Secretary $7,500,000 to carry out subsection (a). - (2) Availability.--Amounts appropriated or otherwise made - available pursuant to paragraph (1) shall be available to the - Under Secretary for the purposes set forth in such paragraph - until expended. - \ No newline at end of file + (e) Funding.--Amounts for activities under this section shall be +derived from amounts otherwise authorized to be appropriated or made +available for the Under Secretary. + + Passed the Senate November 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2nd Session + + S. 1342 + +_______________________________________________________________________ + + AN ACT + + To require the Under Secretary for Oceans and Atmosphere to update + periodically the environmental sensitivity index products of the + National Oceanic and Atmospheric Administration for each coastal area + of the Great Lakes, and for other purposes. From df2a469fbc3ba73093a8e2e4f2d6ef42f160907d Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 815/984] Senate-1342: Enrolled --- bills_text/Senate-1342.txt | 89 +++++++++++++++++--------------------- 1 file changed, 40 insertions(+), 49 deletions(-) diff --git a/bills_text/Senate-1342.txt b/bills_text/Senate-1342.txt index ec8d066..12797d2 100644 --- a/bills_text/Senate-1342.txt +++ b/bills_text/Senate-1342.txt @@ -1,29 +1,34 @@ -116th CONGRESS - 2nd Session - S. 1342 + S.1342 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To require the Under Secretary for Oceans and Atmosphere to update - periodically the environmental sensitivity index products of the - National Oceanic and Atmospheric Administration for each coastal area - of the Great Lakes, and for other purposes. + To require the Under Secretary for Oceans and Atmosphere to update + periodically the environmental sensitivity index products of the +National Oceanic and Atmospheric Administration for each coastal area of + the Great Lakes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Great Lakes Environmental -Sensitivity Index Act of 2019''. - +Sensitivity Index Act of 2020''. SEC. 2. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF NATIONAL - OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT LAKES. - +OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT LAKES. (a) Update Required for Environmental Sensitivity Index Products for Great Lakes.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Oceans and Atmosphere @@ -33,22 +38,22 @@ area of the Great Lakes. (b) Periodic Updates for Environmental Sensitivity Index Products Generally.--Subject to the availability of appropriations and the priorities set forth in subsection (c), the Under Secretary shall-- - (1) periodically update the environmental sensitivity index - products of the Administration; and - (2) endeavor to do so not less frequently than once every 7 - years. + (1) periodically update the environmental sensitivity index + products of the Administration; and + (2) endeavor to do so not less frequently than once every 7 + years. (c) Priorities.--When prioritizing geographic areas to update environmental sensitivity index products, the Under Secretary shall consider-- - (1) the age of existing environmental sensitivity index - products for the areas; - (2) the occurrence of extreme events, be it natural or man- - made, which have significantly altered the shoreline or - ecosystem since the last update; - (3) the natural variability of shoreline and coastal - environment; and - (4) the volume of vessel traffic and general vulnerability - to spilled pollutants. + (1) the age of existing environmental sensitivity index + products for the areas; + (2) the occurrence of extreme events, be it natural or man- + made, which have significantly altered the shoreline or ecosystem + since the last update; + (3) the natural variability of shoreline and coastal + environment; and + (4) the volume of vessel traffic and general vulnerability to + spilled pollutants. (d) Environmental Sensitivity Index Product Defined.--In this section, the term ``environmental sensitivity index product'' means a map or similar tool that is utilized to identify sensitive shoreline, @@ -56,26 +61,12 @@ coastal or offshore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use resources. - (e) Funding.--Amounts for activities under this section shall be -derived from amounts otherwise authorized to be appropriated or made -available for the Under Secretary. - - Passed the Senate November 16, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2nd Session - - S. 1342 - -_______________________________________________________________________ + (e) Funding.--Funds to carry out the activities under this section +shall be derived from amounts authorized to be appropriated for the +Under Secretary that are enacted after the date of the enactment of +this Act. - AN ACT + Speaker of the House of Representatives. - To require the Under Secretary for Oceans and Atmosphere to update - periodically the environmental sensitivity index products of the - National Oceanic and Atmospheric Administration for each coastal area - of the Great Lakes, and for other purposes. + Vice President of the United States and + President of the Senate. From 0e656eacfa128aa150b99c0474d1f96a804afa3f Mon Sep 17 00:00:00 2001 From: "Sen. Burr, Richard [R-NC]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 816/984] Senate-1379: Introduced to Senate --- bills_text/Senate-1379.txt | 3666 ++++++++++++++++++++++++++++++++++++ 1 file changed, 3666 insertions(+) create mode 100644 bills_text/Senate-1379.txt diff --git a/bills_text/Senate-1379.txt b/bills_text/Senate-1379.txt new file mode 100644 index 0000000..b07aaae --- /dev/null +++ b/bills_text/Senate-1379.txt @@ -0,0 +1,3666 @@ +116th CONGRESS + 1st Session + S. 1379 + +To reauthorize certain programs under the Public Health Service Act and +the Federal Food, Drug, and Cosmetic Act with respect to public health + security and all-hazards preparedness and response, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 8, 2019 + + Mr. Burr (for himself, Mr. Casey, Mr. Alexander, and Mrs. Murray) +introduced the following bill; which was read twice and referred to the + Committee on Health, Education, Labor, and Pensions + +_______________________________________________________________________ + + A BILL + + + +To reauthorize certain programs under the Public Health Service Act and +the Federal Food, Drug, and Cosmetic Act with respect to public health + security and all-hazards preparedness and response, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Pandemic and All- +Hazards Preparedness and Advancing Innovation Act of 2019''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. References in Act. + TITLE I--STRENGTHENING THE NATIONAL HEALTH SECURITY STRATEGY + +Sec. 101. National Health Security Strategy. + TITLE II--IMPROVING PREPAREDNESS AND RESPONSE + +Sec. 201. Improving benchmarks and standards for preparedness and + response. +Sec. 202. Amendments to preparedness and response programs. +Sec. 203. Regional health care emergency preparedness and response + systems. +Sec. 204. Military and civilian partnership for trauma readiness. +Sec. 205. Public health and health care system situational awareness + and biosurveillance capabilities. +Sec. 206. Strengthening and supporting the public health emergency + rapid response fund. +Sec. 207. Improving all-hazards preparedness and response by public + health emergency volunteers. +Sec. 208. Clarifying State liability law for volunteer health care + professionals. +Sec. 209. Report on adequate national blood supply. +Sec. 210. Report on the public health preparedness and response + capabilities and capacities of hospitals, + long-term care facilities, and other health + care facilities. + TITLE III--REACHING ALL COMMUNITIES + +Sec. 301. Strengthening and assessing the emergency response workforce. +Sec. 302. Health system infrastructure to improve preparedness and + response. +Sec. 303. Considerations for at-risk individuals. +Sec. 304. Improving emergency preparedness and response considerations + for children. +Sec. 305. National advisory committees on disasters. +Sec. 306. Guidance for participation in exercises and drills. + TITLE IV--PRIORITIZING A THREAT-BASED APPROACH + +Sec. 401. Assistant Secretary for Preparedness and Response. +Sec. 402. Public Health Emergency Medical Countermeasures Enterprise. +Sec. 403. Strategic National Stockpile. +Sec. 404. Preparing for pandemic influenza, antimicrobial resistance, + and other significant threats. +Sec. 405. Reporting on the Federal Select Agent Program. + TITLE V--INCREASING COMMUNICATION IN MEDICAL COUNTERMEASURE ADVANCED + RESEARCH AND DEVELOPMENT + +Sec. 501. Medical countermeasure budget plan. +Sec. 502. Material threat and medical countermeasure notifications. +Sec. 503. Availability of regulatory management plans. +Sec. 504. The Biomedical Advanced Research and Development Authority + and the BioShield Special Reserve Fund. +Sec. 505. Additional strategies for combating antibiotic resistance. + TITLE VI--ADVANCING TECHNOLOGIES FOR MEDICAL COUNTERMEASURES + +Sec. 601. Administration of countermeasures. +Sec. 602. Updating definitions of other transactions. +Sec. 603. Medical countermeasure master files. +Sec. 604. Animal rule report. +Sec. 605. Review of the benefits of genomic engineering technologies + and their potential role in national + security. +Sec. 606. Report on vaccines development. +Sec. 607. Strengthening mosquito abatement for safety and health. + TITLE VII--MISCELLANEOUS PROVISIONS + +Sec. 701. Reauthorizations and extensions. +Sec. 702. Location of materials in the stockpile. +Sec. 703. Cybersecurity. +Sec. 704. Strategy and report. +Sec. 705. Technical amendments. + +SEC. 2. REFERENCES IN ACT. + + Except as otherwise specified, amendments made by this Act to a +section or other provision of law are amendments to such section or +other provision of the Public Health Service Act (42 U.S.C. 201 et +seq.). + + TITLE I--STRENGTHENING THE NATIONAL HEALTH SECURITY STRATEGY + +SEC. 101. NATIONAL HEALTH SECURITY STRATEGY. + + Section 2802 (42 U.S.C. 300hh-1) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking ``2014'' and inserting + ``2018''; and + (ii) by striking the second sentence and + inserting the following: ``Such National Health + Security Strategy shall describe potential + emergency health security threats and identify + the process for achieving the preparedness + goals described in subsection (b) to be + prepared to identify and respond to such + threats and shall be consistent with the + national preparedness goal (as described in + section 504(a)(19) of the Homeland Security Act + of 2002), the National Incident Management + System (as defined in section 501(7) of such + Act), and the National Response Plan developed + pursuant to section 504 of such Act, or any + successor plan.''; + (B) in paragraph (2), by inserting before the + period at the end of the second sentence the following: + ``, and an analysis of any changes to the evidence- + based benchmarks and objective standards under sections + 319C-1 and 319C-2''; and + (C) in paragraph (3)-- + (i) by striking ``2009'' and inserting + ``2022''; + (ii) by inserting ``(including gaps in the + environmental health and animal health + workforces, as applicable), describing the + status of such workforce'' after ``gaps in such + workforce''; + (iii) by striking ``and identifying + strategies'' and inserting ``identifying + strategies''; and + (iv) by inserting before the period at the + end ``, and identifying current capabilities to + meet the requirements of section 2803''; and + (2) in subsection (b)-- + (A) in paragraph (2)-- + (i) in subparagraph (A), by striking ``and + investigation'' and inserting ``investigation, + and related information technology + activities''; + (ii) in subparagraph (B), by striking ``and + decontamination'' and inserting + ``decontamination, relevant health care + services and supplies, and transportation and + disposal of medical waste''; and + (iii) by adding at the end the following: + ``(E) Response to environmental hazards.''; + (B) in paragraph (3)-- + (i) in the matter preceding subparagraph + (A), by striking ``including mental health'' + and inserting ``including pharmacies, mental + health facilities,''; and + (ii) in subparagraph (F), by inserting ``or + exposures to agents that could cause a public + health emergency'' before the period; + (C) in paragraph (5), by inserting ``and other + applicable compacts'' after ``Compact''; and + (D) by adding at the end the following: + ``(9) Zoonotic disease, food, and agriculture.--Improving + coordination among Federal, State, local, Tribal, and + territorial entities (including through consultation with the + Secretary of Agriculture) to prevent, detect, and respond to + outbreaks of plant or animal disease (including zoonotic + disease) that could compromise national security resulting from + a deliberate attack, a naturally occurring threat, the + intentional adulteration of food, or other public health + threats, taking into account interactions between animal + health, human health, and animals' and humans' shared + environment as directly related to public health emergency + preparedness and response capabilities, as applicable. + ``(10) Global health security.--Assessing current or + potential health security threats from abroad to inform + domestic public health preparedness and response + capabilities.''. + + TITLE II--IMPROVING PREPAREDNESS AND RESPONSE + +SEC. 201. IMPROVING BENCHMARKS AND STANDARDS FOR PREPAREDNESS AND + RESPONSE. + + (a) Evaluating Measurable Evidence-Based Benchmarks and Objective +Standards.--Section 319C-1 (42 U.S.C. 247d-3a) is amended by inserting +after subsection (j) the following: + ``(k) Evaluation.-- + ``(1) In general.--Not later than 2 years after the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019 and every 2 years thereafter, + the Secretary shall conduct an evaluation of the evidence-based + benchmarks and objective standards required under subsection + (g). Such evaluation shall be submitted to the congressional + committees of jurisdiction together with the National Health + Security Strategy under section 2802, at such time as such + strategy is submitted. + ``(2) Content.--The evaluation under this paragraph shall + include-- + ``(A) a review of evidence-based benchmarks and + objective standards, and associated metrics and + targets; + ``(B) a discussion of changes to any evidence-based + benchmarks and objective standards, and the effect of + such changes on the ability to track whether entities + are meeting or making progress toward the goals under + this section and, to the extent practicable, the + applicable goals of the National Health Security + Strategy under section 2802; + ``(C) a description of amounts received by eligible + entities described in subsection (b) and section 319C- + 2(b), and amounts received by subrecipients and the + effect of such funding on meeting evidence-based + benchmarks and objective standards; and + ``(D) recommendations, as applicable and + appropriate, to improve evidence-based benchmarks and + objective standards to more accurately assess the + ability of entities receiving awards under this section + to better achieve the goals under this section and + section 2802.''. + (b) Evaluating the Partnership for State and Regional Hospital +Preparedness.--Section 319C-2(i)(1) (42 U.S.C. 247-3b(i)(1)) is amended +by striking ``section 319C-1(g), (i), and (j)'' and inserting ``section +319C-1(g), (i), (j), and (k)''. + +SEC. 202. AMENDMENTS TO PREPAREDNESS AND RESPONSE PROGRAMS. + + (a) Cooperative Agreement Applications for Improving State and +Local Public Health Security.--Section 319C-1 (42 U.S.C. 247d-3a) is +amended-- + (1) in subsection (a), by inserting ``, acting through the + Director of the Centers for Disease Control and Prevention,'' + after ``the Secretary''; and + (2) in subsection (b)(2)(A)-- + (A) in clause (vi), by inserting ``, including + public health agencies with specific expertise that may + be relevant to public health security, such as + environmental health agencies,'' after + ``stakeholders''; + (B) by redesignating clauses (vii) through (ix) as + clauses (viii) through (x); + (C) by inserting after clause (vi) the following: + ``(vii) a description of how, as + applicable, such entity may integrate + information to account for individuals with + behavioral health needs following a public + health emergency;''; + (D) in clause (ix), as so redesignated, by striking + ``; and'' and inserting a semicolon; and + (E) by adding at the end the following: + ``(xi) a description of how the entity will + partner with health care facilities, including + hospitals and nursing homes and other long-term + care facilities, to promote and improve public + health preparedness and response; and + ``(xii) a description of how, as + appropriate and practicable, the entity will + include critical infrastructure partners, such + as utility companies within the entity's + jurisdiction, in planning pursuant to this + subparagraph to help ensure that critical + infrastructure will remain functioning during, + or return to function as soon as practicable + after, a public health emergency;''. + (b) Exception Relating to Application of Certain Requirements.-- + (1) In general.--Section 319C-1(g) (42 U.S.C. 247d-3a(g)) + is amended-- + (A) in paragraph (5)-- + (i) in the matter preceding subparagraph + (A), by striking ``Beginning with fiscal year + 2009'' and inserting ``Beginning with fiscal + year 2019''; and + (ii) in subparagraph (A)-- + (I) by striking ``for the + immediately preceding fiscal year'' and + inserting ``for either of the 2 + immediately preceding fiscal years''; + and + (II) by striking ``2008'' and + inserting ``2018''; and + (B) in paragraph (6), by amending subparagraph (A) + to read as follows: + ``(A) In general.--The amounts described in this + paragraph are the following amounts that are payable to + an entity for activities described in this section or + section 319C-2: + ``(i) For no more than one of each of the + first 2 fiscal years immediately following a + fiscal year in which an entity experienced a + failure described in subparagraph (A) or (B) of + paragraph (5), an amount equal to 10 percent of + the amount the entity was eligible to receive + for the respective fiscal year. + ``(ii) For no more than one of the first 2 + fiscal years immediately following the third + consecutive fiscal year in which an entity + experienced such a failure, in lieu of applying + clause (i), an amount equal to 15 percent of + the amount the entity was eligible to receive + for the respective fiscal year.''. + (2) Effective date.--The amendments made by paragraph (1) + shall apply with respect to cooperative agreements awarded on + or after the date of enactment of this Act. + (c) Partnership for State and Regional Hospital Preparedness To +Improve Surge Capacity.--Section 319C-2 (42 U.S.C. 247d-3b) is +amended-- + (1) in subsection (a)-- + (A) by inserting ``, acting through the Assistant + Secretary for Preparedness and Response,'' after ``The + Secretary''; and + (B) by striking ``preparedness for public health + emergencies'' and inserting ``preparedness for, and + response to, public health emergencies in accordance + with subsection (c)''; + (2) in subsection (b)(1)(A)-- + (A) by striking ``partnership consisting of'' and + inserting ``coalition that includes''; + (B) in clause (ii), by striking ``; and'' and + inserting a semicolon; and + (C) by adding at the end the following: + ``(iv) one or more emergency medical service + organizations or emergency management organizations; + and''; + (3) in subsection (d)-- + (A) in paragraph (1)(B), by striking + ``partnership'' each place it appears and inserting + ``coalition''; and + (B) in paragraph (2)(C), by striking ``medical + preparedness'' and inserting ``preparedness and + response''; + (4) in subsection (f), by striking ``partnership'' and + inserting ``coalition''; + (5) in subsection (g)(2)-- + (A) by striking ``Partnerships'' and inserting + ``Coalitions''; + (B) by striking ``partnerships'' and inserting + ``coalitions''; and + (C) by inserting ``and response'' after + ``preparedness''; and + (6) in subsection (i)(1)-- + (A) by striking ``An entity'' and inserting ``A + coalition''; and + (B) by striking ``such partnership'' and inserting + ``such coalition''. + (d) Public Health Security Grants Authorization of +Appropriations.--Section 319C-1(h)(1)(A) (42 U.S.C. 247d-3a(h)(1)(A)) +is amended by striking ``$641,900,000 for fiscal year 2014'' and all +that follows through the period at the end and inserting ``$685,000,000 +for each of fiscal years 2019 through 2023 for awards pursuant to +paragraph (3) (subject to the authority of the Secretary to make awards +pursuant to paragraphs (4) and (5)).''. + (e) Partnership for State and Regional Hospital Preparedness +Authorization of Appropriations.--Section 319C-2(j) (42 U.S.C. 247d- +3b(j)) is amended-- + (1) by amending paragraph (1) to read as follows: + ``(1) In general.-- + ``(A) Authorization of appropriations.--For + purposes of carrying out this section and section 319C- + 3, in accordance with subparagraph (B), there is + authorized to be appropriated $385,000,000 for each of + fiscal years 2019 through 2023. + ``(B) Reservation of amounts for regional + systems.-- + ``(i) In general.--Subject to clause (ii), + of the amount appropriated under subparagraph + (A) for a fiscal year, the Secretary may + reserve up to 5 percent for the purpose of + carrying out section 319C-3. + ``(ii) Reservation contingent on continued + appropriations for this section.--If for fiscal + year 2019 or a subsequent fiscal year, the + amount appropriated under subparagraph (A) is + such that, after application of clause (i), the + amount remaining for the purpose of carrying + out this section would be less than the amount + available for such purpose for the previous + fiscal year, the amount that may be reserved + under clause (i) shall be reduced such that the + amount remaining for the purpose of carrying + out this section is not less than the amount + available for such purpose for the previous + fiscal year. + ``(iii) Sunset.--The authority to reserve + amounts under clause (i) shall expire on + September 30, 2023.''; + (2) in paragraph (2), by striking ``paragraph (1) for a + fiscal year'' and inserting ``paragraph (1)(A) for a fiscal + year and not reserved for the purpose described in paragraph + (1)(B)(i)''; and + (3) in paragraph (3)(A), by striking ``paragraph (1) and + not reserved under paragraph (2)'' and inserting ``paragraph + (1)(A) and not reserved under paragraph (1)(B)(i) or (2)''. + +SEC. 203. REGIONAL HEALTH CARE EMERGENCY PREPAREDNESS AND RESPONSE + SYSTEMS. + + (a) In General.--Part B of title III (42 U.S.C. 243 et seq.) is +amended by inserting after section 319C-2 the following: + +``SEC. 319C-3. GUIDELINES FOR REGIONAL HEALTH CARE EMERGENCY + PREPAREDNESS AND RESPONSE SYSTEMS. + + ``(a) Purpose.--It is the purpose of this section to identify and +provide guidelines for regional systems of hospitals, health care +facilities, and other public and private sector entities, with varying +levels of capability to treat patients and increase medical surge +capacity during, in advance of, and immediately following a public +health emergency, including threats posed by one or more chemical, +biological, radiological, or nuclear agents, including emerging +infectious diseases. + ``(b) Guidelines.--The Assistant Secretary for Preparedness and +Response, in consultation with the Director of the Centers for Disease +Control and Prevention, the Administrator of the Centers for Medicare & +Medicaid Services, the Administrator of the Health Resources and +Services Administration, the Commissioner of Food and Drugs, the +Assistant Secretary for Mental Health and Substance Use, the Assistant +Secretary of Labor for Occupational Safety and Health, the Secretary of +Veterans Affairs, the heads of such other Federal agencies as the +Secretary determines to be appropriate, and State, local, Tribal, and +territorial public health officials, shall, not later than 2 years +after the date of enactment of this section-- + ``(1) identify and develop a set of guidelines relating to + practices and protocols for all-hazards public health emergency + preparedness and response for hospitals and health care + facilities to provide appropriate patient care during, in + advance of, or immediately following, a public health + emergency, resulting from one or more chemical, biological, + radiological, or nuclear agents, including emerging infectious + diseases (which may include existing practices, such as trauma + care and medical surge capacity and capabilities), with respect + to-- + ``(A) a regional approach to identifying hospitals + and health care facilities based on varying + capabilities and capacity to treat patients affected by + such emergency, including-- + ``(i) the manner in which the system will + coordinate with and integrate the partnerships + and health care coalitions established under + section 319C-2(b); and + ``(ii) informing and educating appropriate + first responders and health care supply chain + partners of the regional emergency preparedness + and response capabilities and medical surge + capacity of such hospitals and health care + facilities in the community; + ``(B) physical and technological infrastructure, + laboratory capacity, staffing, blood supply, and other + supply chain needs, taking into account resiliency, + geographic considerations, and rural considerations; + ``(C) protocols or best practices for the safety + and personal protection of workers who handle human + remains and health care workers (including with respect + to protective equipment and supplies, waste management + processes, and decontamination), sharing of specialized + experience among the health care workforce, behavioral + health, psychological resilience, and training of the + workforce, as applicable; + ``(D) in a manner that allows for disease + containment (within the meaning of section + 2802(b)(2)(B)), coordinated medical triage, treatment, + and transportation of patients, based on patient + medical need (including patients in rural areas), to + the appropriate hospitals or health care facilities + within the regional system or, as applicable and + appropriate, between systems in different States or + regions; and + ``(E) the needs of children and other at-risk + individuals; + ``(2) make such guidelines available on the internet + website of the Department of Health and Human Services in a + manner that does not compromise national security; and + ``(3) update such guidelines as appropriate, including + based on input received pursuant to subsections (c) and (e) and + information resulting from applicable reports required under + the Pandemic and All-Hazards Preparedness and Advancing + Innovation Act of 2019 (including any amendments made by such + Act), to address new and emerging public health threats. + ``(c) Considerations.--In identifying, developing, and updating +guidelines under subsection (b), the Assistant Secretary for +Preparedness and Response shall-- + ``(1) include input from hospitals and health care + facilities (including health care coalitions under section + 319C-2), State, local, Tribal, and territorial public health + departments, and health care or subject matter experts + (including experts with relevant expertise in chemical, + biological, radiological, or nuclear threats, including + emerging infectious diseases), as the Assistant Secretary + determines appropriate, to meet the goals under section + 2802(b)(3); + ``(2) consult and engage with appropriate health care + providers and professionals, including physicians, nurses, + first responders, health care facilities (including hospitals, + primary care clinics, community health centers, mental health + facilities, ambulatory care facilities, and dental health + facilities), pharmacies, emergency medical providers, trauma + care providers, environmental health agencies, public health + laboratories, poison control centers, blood banks, tissue + banks, and other experts that the Assistant Secretary + determines appropriate, to meet the goals under section + 2802(b)(3); + ``(3) consider feedback related to financial implications + for hospitals, health care facilities, public health agencies, + laboratories, blood banks, tissue banks, and other entities + engaged in regional preparedness planning to implement and + follow such guidelines, as applicable; and + ``(4) consider financial requirements and potential + incentives for entities to prepare for, and respond to, public + health emergencies as part of the regional health care + emergency preparedness and response system. + ``(d) Technical Assistance.--The Assistant Secretary for +Preparedness and Response, in consultation with the Director of the +Centers for Disease Control and Prevention and the Assistant Secretary +of Labor for Occupational Safety and Health, may provide technical +assistance and consultation toward meeting the guidelines described in +subsection (b). + ``(e) Demonstration Project for Regional Health Care Preparedness +and Response Systems.-- + ``(1) In general.--The Assistant Secretary for Preparedness + and Response may establish a demonstration project pursuant to + the development and implementation of guidelines under + subsection (b) to award grants to improve medical surge + capacity for all hazards, build and integrate regional medical + response capabilities, improve specialty care expertise for + all-hazards response, and coordinate medical preparedness and + response across State, local, Tribal, territorial, and regional + jurisdictions. + ``(2) Sunset.--The authority under this subsection shall + expire on September 30, 2023.''. + (b) GAO Report to Congress.-- + (1) Report.--Not later than 3 years after the date of + enactment of this Act, the Comptroller General of the United + States (referred to in this subsection as the ``Comptroller + General'') shall submit to the Committee on Health, Education, + Labor, and Pensions and the Committee on Finance of the Senate + and the Committee on Energy and Commerce and the Committee on + Ways and Means of the House of Representatives, a report on the + extent to which hospitals and health care facilities have + implemented the recommended guidelines under section 319C-3(b) + of the Public Health Service Act (as added by subsection (a)), + including an analysis and evaluation of any challenges + hospitals or health care facilities experienced in implementing + such guidelines. + (2) Content.--The Comptroller General shall include in the + report under paragraph (1)-- + (A) data on the preparedness and response + capabilities that have been informed by the guidelines + under section 319C-3(b) of the Public Health Service + Act to improve regional emergency health care + preparedness and response capability, including + hospital and health care facility capacity and medical + surge capabilities to prepare for, and respond to, + public health emergencies; and + (B) recommendations to reduce gaps in incentives + for regional health partners, including hospitals and + health care facilities, to improve capacity and medical + surge capabilities to prepare for, and respond to, + public health emergencies, consistent with subsection + (a), which may include consideration of facilities + participating in programs under section 319C-2 of the + Public Health Service Act (42 U.S.C. 247d-3b) or in + programs under the Centers for Medicare & Medicaid + Services (including innovative health care delivery and + payment models), and input from private sector + financial institutions. + (3) Consultation.--In carrying out paragraphs (1) and (2), + the Comptroller General shall consult with the heads of + appropriate Federal agencies, including-- + (A) the Assistant Secretary for Preparedness and + Response; + (B) the Director of the Centers for Disease Control + and Prevention; + (C) the Administrator of the Centers for Medicare & + Medicaid Services; + (D) the Assistant Secretary for Mental Health and + Substance Use; + (E) the Assistant Secretary of Labor for + Occupational Safety and Health; and + (F) the Secretary of Veterans Affairs. + (c) Annual Reports.--Section 319C-2(i)(1) (42 U.S.C. 247d-3b(i)(1)) +is amended by inserting after the first sentence the following: ``In +submitting reports under this paragraph, a coalition shall include +information on the progress that the coalition has made toward the +implementation of section 319C-3 (or barriers to progress, if any).''. + (d) National Health Security Strategy Incorporation of Regionalized +Emergency Preparedness and Response.--Subparagraph (G) of section +2802(b)(3) (42 U.S.C. 300hh-1(b)(3)) is amended to read as follows: + ``(G) Optimizing a coordinated and flexible + approach to the emergency response and medical surge + capacity of hospitals, other health care facilities, + critical care, trauma care (which may include trauma + centers), and emergency medical systems.''. + (e) Improving State and Local Public Health Security.-- + (1) State and local security.--Section 319C-1(e) (42 U.S.C. + 247d-3a(e)) is amended by striking ``, and local emergency + plans.'' and inserting ``, local emergency plans, and any + regional health care emergency preparedness and response system + established pursuant to the applicable guidelines under section + 319C-3.''. + (2) Partnerships.--Section 319C-2(d)(1)(A) (42 U.S.C. 247d- + 3b(d)(1)(A)) is amended-- + (A) in clause (i), by striking ``; and'' and + inserting ``;''; + (B) by redesignating clause (ii) as clause (iii); + and + (C) by inserting after clause (i) the following: + ``(ii) among one or more facilities in a + regional health care emergency system under + section 319C-3; and''. + +SEC. 204. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS. + + Title XII (42 U.S.C. 300d et seq.) is amended by adding at the end +the following new part: + +``PART I--MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT + PROGRAM + +``SEC. 1291. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS + GRANT PROGRAM. + + ``(a) Military Trauma Team Placement Program.-- + ``(1) In general.--The Secretary, acting through the + Assistant Secretary for Preparedness and Response and in + consultation with the Secretary of Defense, shall award grants + to not more than 20 eligible high-acuity trauma centers to + enable military trauma teams to provide, on a full-time basis, + trauma care and related acute care at such trauma centers. + ``(2) Limitations.--In the case of a grant awarded under + paragraph (1) to an eligible high-acuity trauma center, such + grant-- + ``(A) shall be for a period of at least 3 years and + not more than 5 years (and may be renewed at the end of + such period); and + ``(B) shall be in an amount that does not exceed + $1,000,000 per year. + ``(3) Availability of funds.--Notwithstanding section 1552 + of title 31, United States Code, or any other provision of law, + funds available to the Secretary for obligation for a grant + under this subsection shall remain available for expenditure + for 100 days after the last day of the performance period of + such grant. + ``(b) Military Trauma Care Provider Placement Program.-- + ``(1) In general.--The Secretary, acting through the + Assistant Secretary for Preparedness and Response and in + consultation with the Secretary of Defense, shall award grants + to eligible trauma centers to enable military trauma care + providers to provide trauma care and related acute care at such + trauma centers. + ``(2) Limitations.--In the case of a grant awarded under + paragraph (1) to an eligible trauma center, such grant-- + ``(A) shall be for a period of at least 1 year and + not more than 3 years (and may be renewed at the end of + such period); and + ``(B) shall be in an amount that does not exceed, + in a year-- + ``(i) $100,000 for each military trauma + care provider that is a physician at such + eligible trauma center; and + ``(ii) $50,000 for each other military + trauma care provider at such eligible trauma + center. + ``(c) Grant Requirements.-- + ``(1) Deployment and public health emergencies.--As a + condition of receipt of a grant under this section, a grant + recipient shall agree to allow military trauma care providers + providing care pursuant to such grant to-- + ``(A) be deployed by the Secretary of Defense for + military operations, for training, or for response to a + mass casualty incident; and + ``(B) be deployed by the Secretary of Defense, in + consultation with the Secretary of Health and Human + Services, for response to a public health emergency + pursuant to section 319. + ``(2) Use of funds.--Grants awarded under this section to + an eligible trauma center may be used to train and incorporate + military trauma care providers into such trauma center, + including incorporation into operational exercises and training + drills related to public health emergencies, expenditures for + malpractice insurance, office space, information technology, + specialty education and supervision, trauma programs, research, + and applicable license fees for such military trauma care + providers. + ``(d) Rule of Construction.--Nothing in this section shall be +construed to affect any other provision of law that preempts State +licensing requirements for health care professionals, including with +respect to military trauma care providers. + ``(e) Reporting Requirements.-- + ``(1) Report to the secretary and the secretary of + defense.--Each eligible trauma center or eligible high-acuity + trauma center awarded a grant under subsection (a) or (b) for a + year shall submit to the Secretary and the Secretary of Defense + a report for such year that includes information on-- + ``(A) the number and types of trauma cases managed + by military trauma teams or military trauma care + providers pursuant to such grant during such year; + ``(B) the ability to maintain the integration of + the military trauma providers or teams of providers as + part of the trauma center, including the financial + effect of such grant on the trauma center; + ``(C) the educational effect on resident trainees + in centers where military trauma teams are assigned; + ``(D) any research conducted during such year + supported by such grant; and + ``(E) any other information required by the + Secretaries for the purpose of evaluating the effect of + such grant. + ``(2) Report to congress.--Not less than once every 2 + years, the Secretary, in consultation with the Secretary of + Defense, shall submit a report to the congressional committees + of jurisdiction that includes information on the effect of + placing military trauma care providers in trauma centers + awarded grants under this section on-- + ``(A) maintaining military trauma care providers' + readiness and ability to respond to and treat + battlefield injuries; + ``(B) providing health care to civilian trauma + patients in urban and rural settings; + ``(C) the capability of trauma centers and military + trauma care providers to increase medical surge + capacity, including as a result of a large-scale event; + ``(D) the ability of grant recipients to maintain + the integration of the military trauma providers or + teams of providers as part of the trauma center; + ``(E) efforts to incorporate military trauma care + providers into operational exercises and training and + drills for public health emergencies; and + ``(F) the capability of military trauma care + providers to participate as part of a medical response + during or in advance of a public health emergency, as + determined by the Secretary, or a mass casualty + incident. + ``(f) Definitions.--For purposes of this part: + ``(1) Eligible high-acuity trauma center.--The term + `eligible high-acuity trauma center' means a Level I trauma + center that satisfies each of the following: + ``(A) Such trauma center has an agreement with the + Secretary of Defense to enable military trauma teams to + provide trauma care and related acute care at such + trauma center. + ``(B) At least 20 percent of patients treated at + such trauma center in the most recent 3-month period + for which data are available are treated for a major + trauma at such trauma center. + ``(C) Such trauma center utilizes a risk-adjusted + benchmarking system and metrics to measure performance, + quality, and patient outcomes. + ``(D) Such trauma center is an academic training + center-- + ``(i) affiliated with a medical school; + ``(ii) that maintains residency programs + and fellowships in critical trauma specialties + and subspecialties, and provides education and + supervision of military trauma team members + according to those specialties and + subspecialties; and + ``(iii) that undertakes research in the + prevention and treatment of traumatic injury. + ``(E) Such trauma center serves as a medical and + public health preparedness and response leader for its + community, such as by participating in a partnership + for State and regional hospital preparedness + established under section 319C-2 or 319C-3. + ``(2) Eligible trauma center.--The term `eligible trauma + center' means a Level I, II, or III trauma center that + satisfies each of the following: + ``(A) Such trauma center has an agreement with the + Secretary of Defense to enable military trauma care + providers to provide trauma care and related acute care + at such trauma center. + ``(B) Such trauma center utilizes a risk-adjusted + benchmarking system and metrics to measure performance, + quality, and patient outcomes. + ``(C) Such trauma center demonstrates a need for + integrated military trauma care providers to maintain + or improve the trauma clinical capability of such + trauma center. + ``(3) Major trauma.--The term `major trauma' means an + injury that is greater than or equal to 15 on the injury + severity score. + ``(4) Military trauma team.--The term `military trauma + team' means a complete military trauma team consisting of + military trauma care providers. + ``(5) Military trauma care provider.--The term `military + trauma care provider' means a member of the Armed Forces who + furnishes emergency, critical care, and other trauma acute care + services (including a physician, surgeon, physician assistant, + nurse, nurse practitioner, respiratory therapist, flight + paramedic, combat medic, or enlisted medical technician) or + other military trauma care provider as the Secretary determines + appropriate. + ``(g) Authorization of Appropriations.--To carry out this section, +there is authorized to be appropriated $11,500,000 for each of fiscal +years 2019 through 2023.''. + +SEC. 205. PUBLIC HEALTH AND HEALTH CARE SYSTEM SITUATIONAL AWARENESS + AND BIOSURVEILLANCE CAPABILITIES. + + (a) Facilities, Capacities, and Biosurveillance Capabilities.-- +Section 319D (42 U.S.C. 247d-4) is amended-- + (1) in the section heading, by striking ``revitalizing'' + and inserting ``facilities and capacities of''; + (2) in subsection (a)-- + (A) in the subsection heading, by striking + ``Facilities; Capacities'' and inserting ``In + General''; + (B) in paragraph (1), by striking ``and improved'' + and inserting ``, improved, and appropriately + maintained''; + (C) in paragraph (3), in the matter preceding + subparagraph (A), by striking ``expand, enhance, and + improve'' and inserting ``expand, improve, enhance, and + appropriately maintain''; and + (D) by adding at the end the following: + ``(4) Study of resources for facilities and capacities.-- + Not later than June 1, 2022, the Comptroller General of the + United States shall conduct a study on Federal spending in + fiscal years 2013 through 2018 for activities authorized under + this subsection. Such study shall include a review and + assessment of obligations and expenditures directly related to + each activity under paragraphs (2) and (3), including a + specific accounting of, and delineation between, obligations + and expenditures incurred for the construction, renovation, + equipping, and security upgrades of facilities and associated + contracts under this subsection, and the obligations and + expenditures incurred to establish and improve the situational + awareness and biosurveillance network under subsection (b), and + shall identify the agency or agencies incurring such + obligations and expenditures.''; + (3) in subsection (b)-- + (A) in the subsection heading, by striking + ``National'' and inserting ``Establishment of Systems + of Public Health''; + (B) in paragraph (1)(B), by inserting + ``immunization information systems,'' after + ``centers,''; + (C) in paragraph (2)-- + (i) by inserting ``develop a plan to, and'' + after ``The Secretary shall''; and + (ii) by inserting ``and in a form readily + usable for analytical approaches'' after ``in a + secure manner''; and + (D) by amending paragraph (3) to read as follows: + ``(3) Standards.-- + ``(A) In general.--Not later than 1 year after the + date of the enactment of the Pandemic and All-Hazards + Preparedness and Advancing Innovation Act of 2019, the + Secretary, in cooperation with health care providers, + State, local, Tribal, and territorial public health + officials, and relevant Federal agencies (including the + Office of the National Coordinator for Health + Information Technology and the National Institute of + Standards and Technology), shall, as necessary, adopt + technical and reporting standards, including standards + for interoperability as defined by section 3000, for + networks under paragraph (1) and update such standards + as necessary. Such standards shall be made available on + the internet website of the Department of Health and + Human Services, in a manner that does not compromise + national security. + ``(B) Deference to standards development + organizations.--In adopting and implementing standards + under this subsection and subsection (c), the Secretary + shall give deference to standards published by + standards development organizations and voluntary + consensus-based standards entities.''; + (4) in subsection (c)-- + (A) in paragraph (1)-- + (i) by striking ``Not later than 2 years + after the date of enactment of the Pandemic and + All-Hazards Preparedness Reauthorization Act of + 2013, the Secretary'' and inserting ``The + Secretary''; + (ii) by inserting ``, and improve as + applicable and appropriate,'' after ``shall + establish''; + (iii) by striking ``of rapid'' and + inserting ``of, rapid''; and + (iv) by striking ``such connectivity'' and + inserting ``such interoperability''; + (B) by amending paragraph (2) to read as follows: + ``(2) Coordination and consultation.--In establishing and + improving the network under paragraph (1), the Secretary + shall-- + ``(A) facilitate coordination among agencies within + the Department of Health and Human Services that + provide, or have the potential to provide, information + and data to, and analyses for, the situational + awareness and biosurveillance network under paragraph + (1), including coordination among relevant agencies + related to health care services, the facilitation of + health information exchange (including the Office of + the National Coordinator for Health Information + Technology), and public health emergency preparedness + and response; and + ``(B) consult with the Secretary of Agriculture, + the Secretary of Commerce (and the Director of the + National Institute of Standards and Technology), the + Secretary of Defense, the Secretary of Homeland + Security, the Secretary of Veterans Affairs, and the + heads of other Federal agencies, as the Secretary + determines appropriate.''; + (C) in paragraph (3)-- + (i) by redesignating subparagraphs (A) + through (E) as clauses (i) through (v), + respectively, and adjusting the margins + accordingly; + (ii) in clause (iv), as so redesignated-- + (I) by inserting ``immunization + information systems,'' after ``poison + control,''; and + (II) by striking ``and clinical + laboratories'' and inserting ``, + clinical laboratories, and public + environmental health agencies''; + (iii) by striking ``The network'' and + inserting the following: + ``(A) In general.--The network''; and + (iv) by adding at the end the following: + ``(B) Review.--Not later than 2 years after the + date of the enactment of the Pandemic and All-Hazards + Preparedness and Advancing Innovation Act of 2019 and + every 6 years thereafter, the Secretary shall conduct a + review of the elements described in subparagraph (A). + Such review shall include a discussion of the addition + of any elements pursuant to clause (v), including + elements added to advancing new technologies, and + identify any challenges in the incorporation of + elements under subparagraph (A). The Secretary shall + provide such review to the congressional committees of + jurisdiction.''; + (D) in paragraph (5)-- + (i) by redesignating subparagraphs (A) + through (D) as clauses (i) through (iv), + respectively, and adjusting the margins + accordingly; + (ii) by striking ``In establishing'' and + inserting the following: + ``(A) In general.--In establishing''; + (iii) by adding at the end the following: + ``(B) Public meeting.-- + ``(i) In general.--Not later than 180 days + after the date of enactment of the Pandemic and + All-Hazards Preparedness and Advancing + Innovation Act of 2019, the Secretary shall + convene a public meeting for purposes of + discussing and providing input on the potential + goals, functions, and uses of the network + described in paragraph (1) and incorporating + the elements described in paragraph (3)(A). + ``(ii) Experts.--The public meeting shall + include representatives of relevant Federal + agencies (including representatives from the + Office of the National Coordinator for Health + Information Technology and the National + Institute of Standards and Technology); State, + local, Tribal, and territorial public health + officials; stakeholders with expertise in + biosurveillance and situational awareness; + stakeholders with expertise in capabilities + relevant to biosurveillance and situational + awareness, such as experts in informatics and + data analytics (including experts in + prediction, modeling, or forecasting); and + other representatives as the Secretary + determines appropriate. + ``(iii) Topics.--Such public meeting shall + include a discussion of-- + ``(I) data elements, including + minimal or essential data elements, + that are voluntarily provided for such + network, which may include elements + from public health and public and + private health care entities, to the + extent practicable; + ``(II) standards and implementation + specifications that may improve the + collection, analysis, and + interpretation of data during a public + health emergency; + ``(III) strategies to encourage the + access, exchange, and use of + information; + ``(IV) considerations for State, + local, Tribal, and territorial + capabilities and infrastructure related + to data exchange and interoperability; + ``(V) privacy and security + protections provided at the Federal, + State, local, Tribal, and territorial + levels, and by nongovernmental + stakeholders; and + ``(VI) opportunities for the + incorporation of innovative + technologies to improve the network.''; + and + (iv) in subparagraph (A), as so designated + by clause (ii)-- + (I) in clause (i), as so + redesignated-- + (aa) by striking ``as + determined'' and inserting ``as + adopted''; and + (bb) by inserting ``and the + National Institute of Standards + and Technology'' after ``Office + of the National Coordinator for + Health Information + Technology''; + (II) in clause (iii), as so + redesignated, by striking ``; and'' and + inserting a semicolon; + (III) in clause (iv), as so + redesignated, by striking the period + and inserting ``; and''; and + (IV) by adding at the end the + following: + ``(v) pilot test standards and + implementation specifications, consistent with + the process described in section 3002(b)(3)(C), + which State, local, Tribal, and territorial + public health entities may utilize, on a + voluntary basis, as a part of the network.''; + (E) by redesignating paragraph (6) as paragraph + (7); + (F) by inserting after paragraph (5) the following: + ``(6) Strategy and implementation plan.-- + ``(A) In general.--Not later than 18 months after + the date of enactment of the Pandemic and All-Hazards + Preparedness and Advancing Innovation Act of 2019, the + Secretary shall submit to the congressional committees + of jurisdiction a coordinated strategy and an + accompanying implementation plan that-- + ``(i) is informed by the public meeting + under paragraph (5)(B); + ``(ii) includes a review and assessment of + existing capabilities of the network and + related infrastructure, including input + provided by the public meeting under paragraph + (5)(B); + ``(iii) identifies and demonstrates the + measurable steps the Secretary will carry out + to-- + ``(I) develop, implement, and + evaluate the network described in + paragraph (1), utilizing elements + described in paragraph (3)(A); + ``(II) modernize and enhance + biosurveillance activities, including + strategies to include innovative + technologies and analytical approaches + (including prediction and forecasting + for pandemics and all-hazards) from + public and private entities; + ``(III) improve information + sharing, coordination, and + communication among disparate + biosurveillance systems supported by + the Department of Health and Human + Services, including the identification + of methods to improve accountability, + better utilize resources and workforce + capabilities, and incorporate + innovative technologies within and + across agencies; and + ``(IV) test and evaluate + capabilities of the interoperable + network of systems to improve + situational awareness and + biosurveillance capabilities; + ``(iv) includes performance measures and + the metrics by which performance measures will + be assessed with respect to the measurable + steps under clause (iii); and + ``(v) establishes dates by which each + measurable step under clause (iii) will be + implemented. + ``(B) Annual budget plan.--Not later than 2 years + after the date of enactment of the Pandemic and All- + Hazards Preparedness and Advancing Innovation Act of + 2019 and on an annual basis thereafter, in accordance + with the strategy and implementation plan under this + paragraph, the Secretary shall, taking into account + recommendations provided by the National Biodefense + Science Board, develop a budget plan based on the + strategy and implementation plan under this section. + Such budget plan shall include-- + ``(i) a summary of resources previously + expended to establish, improve, and utilize the + nationwide public health situational awareness + and biosurveillance network under paragraph + (1); + ``(ii) estimates of costs and resources + needed to establish and improve the network + under paragraph (1) according to the strategy + and implementation plan under subparagraph (A); + ``(iii) the identification of gaps and + inefficiencies in nationwide public health + situational awareness and biosurveillance + capabilities, resources, and authorities needed + to address such gaps; and + ``(iv) a strategy to minimize and address + such gaps and improve inefficiencies.''; + (G) in paragraph (7), as so redesignated-- + (i) in subparagraph (A), by inserting + ``(taking into account zoonotic disease, + including gaps in scientific understanding of + the interactions between human, animal, and + environmental health)'' after ``human health''; + (ii) in subparagraph (B)-- + (I) by inserting ``and gaps in + surveillance programs'' after + ``surveillance programs''; and + (II) by striking ``; and'' and + inserting a semicolon; + (iii) in subparagraph (C)-- + (I) by inserting ``, animal health + organizations related to zoonotic + disease,'' after ``health care + entities''; and + (II) by striking the period and + inserting ``; and''; and + (iv) by adding at the end the following: + ``(D) provide recommendations to the Secretary on + policies and procedures to complete the steps described + in this paragraph in a manner that is consistent with + section 2802.''; and + (H) by adding at the end the following: + ``(8) Situational awareness and biosurveillance as a + national security priority.--The Secretary, on a periodic basis + as applicable and appropriate, shall meet with the Director of + National Intelligence to inform the development and + capabilities of the nationwide public health situational + awareness and biosurveillance network.''; + (5) in subsection (d)-- + (A) in paragraph (1)-- + (i) by inserting ``environmental health + agencies,'' after ``public health agencies,''; + and + (ii) by inserting ``immunization + programs,'' after ``poison control centers,''; + (B) in paragraph (2)-- + (i) in subparagraph (B), by striking + ``and'' at the end; + (ii) in subparagraph (C), by striking the + period and inserting ``; and''; and + (iii) by adding after subparagraph (C) the + following: + ``(D) an implementation plan that may include + measurable steps to achieve the purposes described in + paragraph (1).''; and + (C) by striking paragraph (5) and inserting the + following: + ``(5) Technical assistance.--The Secretary may provide + technical assistance to States, localities, Tribes, and + territories or a consortium of States, localities, Tribes, and + territories receiving an award under this subsection regarding + interoperability and the technical standards set forth by the + Secretary.''; + (6) by redesignating subsections (f) and (g) as subsections + (i) and (j), respectively; and + (7) by inserting after subsection (e) the following: + ``(f) Personnel Authorities.-- + ``(1) Specially qualified personnel.--In addition to any + other personnel authorities, to carry out subsections (b) and + (c), the Secretary may-- + ``(A) appoint highly qualified individuals to + scientific or professional positions at the Centers for + Disease Control and Prevention, not to exceed 30 such + employees at any time (specific to positions authorized + by this subsection), with expertise in capabilities + relevant to biosurveillance and situational awareness, + such as experts in informatics and data analytics + (including experts in prediction, modeling, or + forecasting), and other related scientific or technical + fields; and + ``(B) compensate individuals appointed under + subparagraph (A) in the same manner and subject to the + same terms and conditions in which individuals + appointed under 9903 of title 5, United States Code, + are compensated, without regard to the provisions of + chapter 51 and subchapter III of chapter 53 of such + title relating to classification and General Schedule + pay rates. + ``(2) Limitations.--The Secretary shall exercise the + authority under paragraph (1) in a manner that is consistent + with the limitations described in section 319F-1(e)(2). + ``(g) Timeline.--The Secretary shall accomplish the purposes under +subsections (b) and (c) no later than September 30, 2023, and shall +provide a justification to the congressional committees of jurisdiction +for any missed or delayed implementation of measurable steps identified +under subsection (c)(6)(A)(iii). + ``(h) Independent Evaluation.--Not later than 3 years after the +date of enactment of the Pandemic and All-Hazards Preparedness and +Advancing Innovation Act of 2019, the Comptroller General of the United +States shall conduct an independent evaluation and submit to the +Secretary and the congressional committees of jurisdiction a report +concerning the activities conducted under subsections (b) and (c), and +provide recommendations, as applicable and appropriate, on necessary +improvements to the biosurveillance and situational awareness +network.''. + (b) Authorization of Appropriations.--Subsection (i) of section +319D (42 U.S.C. 247d-4), as redesignated by subsection (a)(6), is +amended by striking ``$138,300,000 for each of fiscal years 2014 +through 2018'' and inserting ``$161,800,000 for each of fiscal years +2019 through 2023''. + (c) Biological Threat Detection Report.--The Secretary of Health +and Human Services shall, in coordination with the Secretary of Defense +and the Secretary of Homeland Security, not later than 180 days after +the date of enactment of this Act, report to the Committee on Energy +and Commerce, the Committee on Armed Services, and the Committee on +Homeland Security of the House of Representatives and the Committee on +Health, Education, Labor, and Pensions, the Committee on Armed +Services, and the Committee on Homeland Security and Governmental +Affairs of the Senate on the state of Federal biological threat +detection efforts, including the following: + (1) An identification of technological, operational, and + programmatic successes and failures of domestic detection + programs supported by Federal departments and agencies for + intentionally introduced or accidentally released biological + threat agents and naturally occurring infectious diseases. + (2) A description of Federal efforts to facilitate the + exchange of information related to the information described in + paragraph (1) among Federal departments and agencies that + utilize biological threat detection technology. + (3) A description of the capabilities of detection systems + in use by Federal departments and agencies including the + capability to-- + (A) rapidly detect, identify, characterize, and + confirm the presence of biological threat agents; + (B) recover live biological agents from collection + devices; + (C) determine the geographical distribution of + biological agents; + (D) determine the extent of environmental + contamination and persistence of biological agents; and + (E) provide advanced molecular diagnostics to + State, local, Tribal, and territorial public health and + other laboratories that support biological threat + detection activities. + (4) A description of Federal interagency coordination + related to biological threat detection. + (5) A description of efforts by Federal departments and + agencies that utilize biological threat detection technology to + collaborate with State, local, Tribal, and territorial public + health laboratories and other users of biological threat + detection systems, including collaboration regarding the + development of-- + (A) biological threat detection requirements or + standards; + (B) a standardized integration strategy; + (C) training requirements or guidelines; + (D) guidelines for a coordinated public health + response, including preparedness capabilities, and, as + applicable, for coordination with public health + surveillance systems; and + (E) a coordinated environmental remediation plan, + as applicable. + (6) Recommendations related to research, advanced research, + development, and procurement for Federal departments and + agencies to improve and enhance biological threat detection + systems, including recommendations on the transfer of + biological threat detection technology among Federal + departments and agencies, as necessary and appropriate. + +SEC. 206. STRENGTHENING AND SUPPORTING THE PUBLIC HEALTH EMERGENCY + RAPID RESPONSE FUND. + + Section 319 (42 U.S.C. 247d) is amended-- + (1) in subsection (b)-- + (A) in paragraph (1)-- + (i) in the first sentence, by inserting + ``or if the Secretary determines there is the + significant potential for a public health + emergency, to allow the Secretary to rapidly + respond to the immediate needs resulting from + such public health emergency or potential + public health emergency'' before the period; + and + (ii) by inserting ``The Secretary shall + plan for the expedited distribution of funds to + appropriate agencies and entities.'' after the + first sentence; + (B) by redesignating paragraph (2) as paragraph + (3); + (C) by inserting after paragraph (1) the following: + ``(2) Uses.--The Secretary may use amounts in the Fund + established under paragraph (1), to-- + ``(A) facilitate coordination between and among + Federal, State, local, Tribal, and territorial entities + and public and private health care entities that the + Secretary determines may be affected by a public health + emergency or potential public health emergency referred + to in paragraph (1) (including communication of such + entities with relevant international entities, as + applicable); + ``(B) make grants, provide for awards, enter into + contracts, and conduct supportive investigations + pertaining to a public health emergency or potential + public health emergency, including further supporting + programs under section 319C-1, 319C-2, or 319C-3; + ``(C) facilitate and accelerate, as applicable, + advanced research and development of security + countermeasures (as defined in section 319F-2), + qualified countermeasures (as defined in section 319F- + 1), or qualified pandemic or epidemic products (as + defined in section 319F-3), that are applicable to the + public health emergency or potential public health + emergency under paragraph (1); + ``(D) strengthen biosurveillance capabilities and + laboratory capacity to identify, collect, and analyze + information regarding such public health emergency or + potential public health emergency, including the + systems under section 319D; + ``(E) support initial emergency operations and + assets related to preparation and deployment of + intermittent disaster response personnel under section + 2812 and the Medical Reserve Corps under section 2813; + and + ``(F) carry out other activities, as the Secretary + determines applicable and appropriate.''; and + (D) by inserting after paragraph (3), as so + redesignated, the following: + ``(4) Review.--Not later than 2 years after the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, the Secretary, in + coordination with the Assistant Secretary for Preparedness and + Response, shall conduct a review of the Fund under this section + and provide recommendations to the Committee on Health, + Education, Labor, and Pensions and the Committee on + Appropriations of the Senate and the Committee on Energy and + Commerce and the Committee on Appropriations of the House of + Representatives on policies to improve such Fund for the uses + described in paragraph (2). + ``(5) GAO report.--Not later than 4 years after the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, the Comptroller General of + the United States shall-- + ``(A) conduct a review of the Fund under this + section, including its uses and the resources available + in the Fund; and + ``(B) submit to the Committee on Health, Education, + Labor, and Pensions of the Senate and the Committee on + Energy and Commerce of the House of Representatives a + report on such review, including recommendations + related to such review, as applicable.''; and + (2) in subsection (c)-- + (A) by inserting ``rapidly respond to public health + emergencies or potential public health emergencies + and'' after ``used to''; and + (B) by striking ``section.'' and inserting ``Act or + funds otherwise provided for emergency response.''. + +SEC. 207. IMPROVING ALL-HAZARDS PREPAREDNESS AND RESPONSE BY PUBLIC + HEALTH EMERGENCY VOLUNTEERS. + + (a) In General.--Section 319I (42 U.S.C. 247d-7b) is amended-- + (1) in the section heading, by striking ``health + professions volunteers'' and inserting ``volunteer health + professional''; + (2) in subsection (a), by adding at the end the following: + ``Such health care professionals may include members of the + National Disaster Medical System, members of the Medical + Reserve Corps, and individual health care professionals.''; + (3) in subsection (i), by adding at the end the following: + ``In order to inform the development of such mechanisms by + States, the Secretary shall make available information and + material provided by States that have developed mechanisms to + waive the application of licensing requirements to applicable + health professionals seeking to provide medical services during + a public health emergency. Such information shall be made + publicly available in a manner that does not compromise + national security.''; and + (4) in subsection (k), by striking ``2014 through 2018'' + and inserting ``2019 through 2023''. + (b) All-Hazards Public Health Emergency Preparedness and Response +Plan.--Section 319C-1(b)(2)(A)(iv) (42 U.S.C. 247d-3a(b)(2)(A)(iv)) is +amended to read as follows: + ``(iv) a description of the mechanism the entity + will implement to utilize the Emergency Management + Assistance Compact, or other mutual aid agreement, for + medical and public health mutual aid, and, as + appropriate, the activities such entity will implement + pursuant to section 319I to improve enrollment and + coordination of volunteer health care professionals + seeking to provide medical services during a public + health emergency, which may include-- + ``(I) providing a public method of + communication for purposes of volunteer + coordination (such as a phone number); + ``(II) providing for optional registration + to participate in volunteer services during + processes related to State medical licensing, + registration, or certification or renewal of + such licensing, registration, or certification; + or + ``(III) other mechanisms as the State + determines appropriate;''. + +SEC. 208. CLARIFYING STATE LIABILITY LAW FOR VOLUNTEER HEALTH CARE + PROFESSIONALS. + + (a) In General.--Title II (42 U.S.C. 202 et seq.) is amended by +inserting after section 224 the following: + +``SEC. 225. HEALTH CARE PROFESSIONALS ASSISTING DURING A PUBLIC HEALTH + EMERGENCY. + + ``(a) Limitation on Liability.--Notwithstanding any other provision +of law, a health care professional who is a member of the Medical +Reserve Corps under section 2813 or who is included in the Emergency +System for Advance Registration of Volunteer Health Professionals under +section 319I and who-- + ``(1) is responding-- + ``(A) to a public health emergency determined under + section 319(a), during the initial period of not more + than 90 days (as determined by the Secretary) of the + public health emergency determination (excluding any + period covered by a renewal of such determination); or + ``(B) to a major disaster or an emergency as + declared by the President under section 401 of the + Robert T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5170) or under section 201 of + the National Emergencies Act (50 U.S.C. 1621) during + the initial period of such declaration; + ``(2) is alleged to be liable for an act or omission-- + ``(A) during the initial period of a determination + or declaration described in paragraph (1) and related + to the treatment of individuals in need of health care + services due to such public health emergency, major + disaster, or emergency; + ``(B) in the State or States for which such + determination or declaration is made; + ``(C) in the health care professional's capacity as + a member of the Medical Reserve Corps or a professional + included in the Emergency System for Advance + Registration of Volunteer Health Professionals under + section 319I; and + ``(D) in the course of providing services that are + within the scope of the license, registration, or + certification of the professional, as defined by the + State of licensure, registration, or certification; and + ``(3) prior to the rendering of such act or omission, was + authorized by the State's authorization of deploying such + State's Emergency System for Advance Registration of Volunteer + Health Professionals described in section 319I or the Medical + Reserve Corps established under section 2813, to provide health + care services, +shall be subject only to the State liability laws of the State in which +such act or omission occurred, in the same manner and to the same +extent as a similar health care professional who is a resident of such +State would be subject to such State laws, except with respect to the +licensure, registration, and certification of such individual. + ``(b) Volunteer Protection Act.--Nothing in this section shall be +construed to affect an individual's right to protections under the +Volunteer Protection Act of 1997. + ``(c) Preemption.--This section shall supersede the laws of any +State that would subject a health care professional described in +subsection (a) to the liability laws of any State other than the State +liability laws to which such individual is subject pursuant to such +subsection. + ``(d) Definitions.--In this section: + ``(1) The term `health care professional' means an + individual licensed, registered, or certified under Federal or + State laws or regulations to provide health care services. + ``(2) The term `health care services' means any services + provided by a health care professional, or by any individual + working under the supervision of a health care professional, + that relate to-- + ``(A) the diagnosis, prevention, or treatment of + any human disease or impairment; or + ``(B) the assessment or care of the health of human + beings. + ``(e) Effective Date.-- + ``(1) In general.--This section shall take effect 90 days + after the date of the enactment of the Pandemic and All-Hazards + Preparedness and Advancing Innovation Act of 2019. + ``(2) Application.--This section shall apply to a claim for + harm only if the act or omission that caused such harm occurred + on or after the effective date described in paragraph (1).''. + (b) GAO Study.--Not later than one year after the date of enactment +of this Act, the Comptroller General of the United States shall conduct +a review of-- + (1) the number of health care providers who register under + the Emergency System for Advance Registration of Volunteer + Health Professionals under section 319I of the Public Health + Service Act (42 U.S.C. 247d-7b) in advance to provide services + during a public health emergency; + (2) the number of health care providers who are + credentialed to provide services during the period of a public + health emergency declaration, including those who are + credentialed though programs established in the Emergency + System for Advance Registration of Volunteer Health + Professionals under such section 319I and those credentialed by + authorities within the State in which the emergency occurred; + (3) the average time to verify the credentials of a health + care provider during the period of a public health emergency + declaration, including the average time pursuant to the + Emergency System for Advance Registration of Volunteer Health + Professionals under such section 319I and for an individual's + credentials to be verified by an authority within the State; + and + (4) the Emergency System for Advance Registration of + Volunteer Health Professionals program in States, including + whether physician or medical groups, associations, or other + relevant provider organizations utilize such program for + purposes of volunteering during public health emergencies. + +SEC. 209. REPORT ON ADEQUATE NATIONAL BLOOD SUPPLY. + + Not later than 1 year after the date of the enactment of this Act, +the Secretary of Health and Human Services shall submit to Congress a +report containing recommendations related to maintaining an adequate +national blood supply, including-- + (1) challenges associated with the continuous recruitment + of blood donors (including those newly eligible to donate); + (2) ensuring the adequacy of the blood supply in the case + of public health emergencies; + (3) implementation of the transfusion transmission + monitoring system; and + (4) other measures to promote safety and innovation, such + as the development, use, or implementation of new technologies, + processes, and procedures to improve the safety and reliability + of the blood supply. + +SEC. 210. REPORT ON THE PUBLIC HEALTH PREPAREDNESS AND RESPONSE + CAPABILITIES AND CAPACITIES OF HOSPITALS, LONG-TERM CARE + FACILITIES, AND OTHER HEALTH CARE FACILITIES. + + (a) Study.-- + (1) In general.--Not later than one year after the date of + enactment of this Act, the Secretary of Health and Human + Services shall enter into an agreement with an appropriate + entity to conduct a study regarding the public health + preparedness and response capabilities and medical surge + capacities of hospitals, long-term care facilities, and other + health care facilities to prepare for, and respond to, public + health emergencies, including natural disasters. + (2) Consultation.--In conducting the study under paragraph + (1), the entity shall consult with Federal, State, local, + Tribal, and territorial public health officials (as + appropriate), and health care providers and facilities with + experience in public health preparedness and response + activities. + (3) Evaluation.--The study under paragraph (1) shall + include-- + (A) an evaluation of the current benchmarks and + objective standards, as applicable, related to programs + that support hospitals, long-term care facilities, and + other health care facilities, and their effect on + improving public health preparedness and response + capabilities and medical surge capacities, including + the Hospital Preparedness Program, the Public Health + Emergency Preparedness cooperative agreements, and the + Regional Health Care Emergency Preparedness and + Response Systems under section 319C-3 of the Public + Health Service Act (as added by section 203); + (B) the identification of gaps in preparedness, + including with respect to such benchmarks and objective + standards, such as those identified during recent + public health emergencies, for hospitals, long-term + care facilities, and other health care facilities to + address future potential public health threats; + (C) an evaluation of coordination efforts between + the recipients of Federal funding for programs + described in subparagraph (A) and entities with + expertise in emergency power systems and other critical + infrastructure partners during a public health + emergency, to ensure a functioning critical + infrastructure, to the greatest extent practicable, + during a public health emergency; + (D) an evaluation of coordination efforts between + the recipients of Federal funding for programs + described in subparagraph (A) and environmental health + agencies with expertise in emergency preparedness and + response planning for hospitals, long-term care + facilities, and other health care facilities; and + (E) an evaluation of current public health + preparedness and response capabilities and medical + surge capacities related to at-risk individuals during + public health emergencies, including an identification + of gaps in such preparedness as they relate to such + individuals. + (b) Report.-- + (1) In general.--The agreement under subsection (a) shall + require the entity to submit to the Secretary of Health and + Human Services and the congressional committees of + jurisdiction, not later than 3 years after the date of + enactment of this Act, a report on the results of the study + conducted pursuant to this section. + (2) Contents.--The report under paragraph (1) shall-- + (A) describe the findings and conclusions of the + evaluation conducted pursuant to subsection (a); and + (B) provide recommendations for improving public + health preparedness and response capability and medical + surge capacity for hospitals, long-term care + facilities, and other health care facilities, + including-- + (i) improving the existing benchmarks and + objective standards for the Federal grant + programs described in subsection (a)(3)(A) or + developing new benchmarks and standards for + such programs; and + (ii) identifying best practices for + improving public health preparedness and + response programs and medical surge capacity at + hospitals, long-term care facilities, and other + health care facilities, including + recommendations for the evaluation under + subparagraphs (C) and (D) of subsection (a)(3). + + TITLE III--REACHING ALL COMMUNITIES + +SEC. 301. STRENGTHENING AND ASSESSING THE EMERGENCY RESPONSE WORKFORCE. + + (a) National Disaster Medical System.-- + (1) Strengthening the national disaster medical system.-- + Clause (ii) of section 2812(a)(3)(A) (42 U.S.C. 300hh- + 11(a)(3)(A)) is amended to read as follows: + ``(ii) be present at locations, and for + limited periods of time, specified by the + Secretary on the basis that the Secretary has + determined that a location is at risk of a + public health emergency during the time + specified, or there is a significant potential + for a public health emergency.''. + (2) Review of the national disaster medical system.-- + Section 2812(b)(2) (42 U.S.C. 300hh-11(b)(2)) is amended to + read as follows: + ``(2) Joint review and medical surge capacity strategic + plan.-- + ``(A) Review.--Not later than 180 days after the + date of enactment of the Pandemic and All-Hazards + Preparedness and Advancing Innovation Act of 2019, the + Secretary, in coordination with the Secretary of + Homeland Security, the Secretary of Defense, and the + Secretary of Veterans Affairs, shall conduct a joint + review of the National Disaster Medical System. Such + review shall include-- + ``(i) an evaluation of medical surge + capacity, as described in section 2803(a); + ``(ii) an assessment of the available + workforce of the intermittent disaster response + personnel described in subsection (c); + ``(iii) the capacity of the workforce + described in clause (ii) to respond to all + hazards, including capacity to simultaneously + respond to multiple public health emergencies + and the capacity to respond to a nationwide + public health emergency; + ``(iv) the effectiveness of efforts to + recruit, retain, and train such workforce; and + ``(v) gaps that may exist in such workforce + and recommendations for addressing such gaps. + ``(B) Updates.--As part of the National Health + Security Strategy under section 2802, the Secretary + shall update the findings from the review under + subparagraph (A) and provide recommendations to modify + the policies of the National Disaster Medical System as + necessary.''. + (3) Notification of shortage.--Section 2812(c) (42 U.S.C. + 300hh-11(c)) is amended by adding at the end the following: + ``(3) Notification.--Not later than 30 days after the date + on which the Secretary determines the number of intermittent + disaster-response personnel of the National Disaster Medical + System is insufficient to address a public health emergency or + potential public health emergency, the Secretary shall submit + to the congressional committees of jurisdiction a notification + detailing-- + ``(A) the impact such shortage could have on + meeting public health needs and emergency medical + personnel needs during a public health emergency; and + ``(B) any identified measures to address such + shortage. + ``(4) Certain appointments.-- + ``(A) In general.--If the Secretary determines that + the number of intermittent disaster response personnel + within the National Disaster Medical System under this + section is insufficient to address a public health + emergency or potential public health emergency, the + Secretary may appoint candidates directly to personnel + positions for intermittent disaster response within + such system. The Secretary shall provide updates on the + number of vacant or unfilled positions within such + system to the congressional committees of jurisdiction + each quarter for which this authority is in effect. + ``(B) Sunset.--The authority under this paragraph + shall expire on September 30, 2021.''. + (4) Authorization of appropriations.--Section 2812(g) (42 + U.S.C. 300hh-11(g)) is amended by striking ``$52,700,000 for + each of fiscal years 2014 through 2018'' and inserting + ``$57,400,000 for each of fiscal years 2019 through 2023''. + (b) Volunteer Medical Reserve Corps.-- + (1) In general.--Section 2813(a) (42 U.S.C. 42 U.S.C. + 300hh-15(a)) is amended by striking the second sentence and + inserting ``The Secretary may appoint a Director to head the + Corps and oversee the activities of the Corps chapters that + exist at the State, local, Tribal, and territorial levels.''. + (2) Authorization of appropriations.--Section 2813(i) (42 + U.S.C. 300hh-15(i)) is amended by striking ``2014 through + 2018'' and inserting ``2019 through 2023''. + (c) Strengthening the Epidemic Intelligence Service.--Section 317F +(42 U.S.C. Sec. 247b-7) is amended-- + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by inserting ``or preparedness and + response activities, including rapid response + to public health emergencies and significant + public health threats'' after ``conduct + prevention activities''; and + (ii) by striking ``$35,000'' and inserting + ``$50,000''; and + (B) in paragraph (2)(B), by striking ``3 years'' + and inserting ``2 years''; and + (2) in subsection (c)-- + (A) by striking ``For the purpose of carrying out + this section'' and inserting the following: + ``(1) In general.--For the purpose of carrying out this + section, except as described in paragraph (2)''; and + (B) by adding at the end the following: + ``(2) Epidemic intelligence service program.--For purposes + of carrying out this section with respect to qualified health + professionals serving in the Epidemic Intelligence Service, as + authorized under section 317G, there is authorized to be + appropriated $1,000,000 for each of fiscal years 2019 through + 2023.''. + (d) Service Benefit for National Disaster Medical System +Volunteers.-- + (1) In general.--Section 2812(c) (42 U.S.C. 300hh-11(c)), + as amended by subsection (a)(3), is further amended by adding + at the end the following: + ``(5) Service benefit.--Individuals appointed to serve + under this subsection shall be considered eligible for benefits + under part L of title I of the Omnibus Crime Control and Safe + Streets Act of 1968. The Secretary shall provide notification + to any eligible individual of any effect such designation may + have on other benefits for which such individual is eligible, + including benefits from private entities.''. + (2) Public safety officer benefits.--Section 1204(9) of + title I of the Omnibus Crime Control and Safe Streets Act of + 1968 (34 U.S.C. 10284(9)) is amended-- + (A) in subparagraph (C)(ii), by striking ``or'' at + the end; + (B) in subparagraph (D), by striking the period and + inserting ``; or''; and + (C) by inserting after subparagraph (D) the + following: + ``(E) an individual appointed to the National + Disaster Medical System under section 2812 of the + Public Health Service Act (42 U.S.C. 300hh-11) who is + performing official duties of the Department of Health + and Human Services, if those official duties are-- + ``(i) related to responding to a public + health emergency or potential public health + emergency, or other activities for which the + Secretary of Health and Human Services has + activated such National Disaster Medical + System; and + ``(ii) determined by the Secretary of + Health and Human Services to be hazardous.''. + (3) Sunset.--The amendments made by paragraphs (1) and (2) + shall cease to have force or effect on October 1, 2021. + (e) Mission Readiness Report to Congress.-- + (1) Report.--Not later than one year after the date of + enactment of this section, the Comptroller General of the + United States (referred to in this subsection as the + ``Comptroller General'') shall submit to the Committee on + Health, Education, Labor, and Pensions of the Senate and the + Committee on Energy and Commerce of the House of + Representatives, a report on the medical surge capacity of the + United States in the event of a public health emergency, + including the capacity and capability of the current health + care workforce to prepare for, and respond to, the full range + of public health emergencies or potential public health + emergencies, and recommendations to address any gaps identified + in such workforce. + (2) Contents.--The Comptroller General shall include in the + report under paragraph (1)-- + (A) the number of health care providers who have + volunteered to provide health care services during a + public health emergency, including members of the + National Disaster Medical System, the Disaster Medical + Assistant Teams, the Medical Reserve Corps, and other + volunteer health care professionals in the verification + network pursuant to section 319I of the Public Health + Service Act (42 U.S.C. 247d-7b); + (B) the capacity of the workforce described in + subparagraph (A) to respond to a public health + emergency or potential public health emergency, + including the capacity to respond to multiple + concurrent public health emergencies and the capacity + to respond to a nationwide public health emergency; + (C) the preparedness and response capabilities and + mission readiness of the workforce described in + subparagraph (A) taking into account areas of health + care expertise and considerations for at-risk + individuals (as defined in section 2802(b)(4)(B) of the + Public Health Service Act (42 U.S.C. 300hh- + 1(b)(4)(B))); + (D) an assessment of the effectiveness of efforts + to recruit, retain, and train such workforce; and + (E) identification of gaps that may exist in such + workforce and recommendations for addressing such gaps, + the extent to which the Assistant Secretary for + Preparedness and Response plans to address such gaps, + and any recommendations from the Comptroller General to + address such gaps. + +SEC. 302. HEALTH SYSTEM INFRASTRUCTURE TO IMPROVE PREPAREDNESS AND + RESPONSE. + + (a) Coordination of Preparedness.--Section 2811(b)(5) (42 U.S.C. +300hh-10(b)(5)) is amended by adding at the end the following: ``Such +logistical support shall include working with other relevant Federal, +State, local, Tribal, and territorial public health officials and +private sector entities to identify the critical infrastructure assets, +systems, and networks needed for the proper functioning of the health +care and public health sectors that need to be maintained through any +emergency or disaster, including entities capable of assisting with, +responding to, and mitigating the effect of a public health emergency, +including a public health emergency determined by the Secretary +pursuant to section 319(a) or an emergency or major disaster declared +by the President under the Robert T. Stafford Disaster Relief and +Emergency Assistance Act or the National Emergencies Act, including by +establishing methods to exchange critical information and deliver +products consumed or used to preserve, protect, or sustain life, +health, or safety, and sharing of specialized expertise.''. + (b) Manufacturing Capacity.--Section 2811(d)(2)(C) (42 U.S.C. +300hh-10(d)(2)(C)) is amended by inserting ``, and ancillary medical +supplies to assist with the utilization of such countermeasures or +products,'' after ``products''. + (c) Evaluation of Barriers to Rapid Delivery of Medical +Countermeasures.-- + (1) Rapid delivery study.--The Assistant Secretary for + Preparedness and Response may conduct a study on issues that + have the potential to adversely affect the handling and rapid + delivery of medical countermeasures to individuals during + public health emergencies occurring in the United States. + (2) Notice to congress.--Not later than 9 months after the + date of the enactment of this Act, the Assistant Secretary for + Preparedness and Response shall notify the Committee on Energy + and Commerce of the House of Representatives and the Committee + on Health, Education, Labor, and Pensions of the Senate if the + Assistant Secretary for Preparedness and Response does not plan + to conduct the study under paragraph (1) and shall provide such + committees a summary explanation for such decision. + (3) Report to congress.--Not later than 1 year after the + Assistant Secretary for Preparedness and Response conducts the + study under paragraph (1), such Assistant Secretary shall + submit a report to the Committee on Energy and Commerce of the + House of Representatives and the Committee on Health, + Education, Labor, and Pensions of the Senate containing the + findings of such study. + +SEC. 303. CONSIDERATIONS FOR AT-RISK INDIVIDUALS. + + (a) At-Risk Individuals in the National Health Security Strategy.-- +Section 2802(b)(4)(B) (42 U.S.C. 300hh-1(b)(4)(B)) is amended-- + (1) by striking ``this section and sections 319C-1, 319F, + and 319L,'' and inserting ``this Act,''; and + (2) by striking ``special'' and inserting ``access or + functional''. + (b) Countermeasure Considerations.--Section 319L(c)(6) (42 U.S.C. +247d-7e(c)(6)) is amended-- + (1) by striking ``elderly'' and inserting ``older adults''; + and + (2) by inserting ``with relevant characteristics that + warrant consideration during the process of researching and + developing such countermeasures and products'' before the + period. + (c) Biosurveillance of Emerging Public Health Threats.--Section +2814 is amended-- + (1) in paragraph (7), by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (8), by striking the period and inserting + ``; and''; and + (3) by adding at the end the following: + ``(9) facilitate coordination to ensure that, in + implementing the situational awareness and biosurveillance + network under section 319D, the Secretary considers + incorporating data and information from Federal, State, local, + Tribal, and territorial public health officials and entities + relevant to detecting emerging public health threats that may + affect at-risk individuals, such as pregnant and postpartum + women and infants, including adverse health outcomes of such + populations related to such emerging public health threats.''. + +SEC. 304. IMPROVING EMERGENCY PREPAREDNESS AND RESPONSE CONSIDERATIONS + FOR CHILDREN. + + Part B of title III (42 U.S.C. 243 et seq.) is amended by inserting +after section 319D the following: + +``SEC. 319D-1. CHILDREN'S PREPAREDNESS UNIT. + + ``(a) Enhancing Emergency Preparedness for Children.--The +Secretary, acting through the Director of the Centers for Disease +Control and Prevention (referred to in this subsection as the +`Director'), shall maintain an internal team of experts, to be known as +the Children's Preparedness Unit (referred to in this subsection as the +`Unit'), to work collaboratively to provide guidance on the +considerations for, and the specific needs of, children before, during, +and after public health emergencies. The Unit shall inform the Director +regarding emergency preparedness and response efforts pertaining to +children at the Centers for Disease Control and Prevention. + ``(b) Expertise.--The team described in subsection (a) shall +include one or more pediatricians, which may be a developmental- +behavioral pediatrician, and may also include behavioral scientists, +child psychologists, epidemiologists, biostatisticians, health +communications staff, and individuals with other areas of expertise, as +the Secretary determines appropriate. + ``(c) Duties.--The team described in subsection (a) may-- + ``(1) assist State, local, Tribal, and territorial + emergency planning and response activities related to children, + which may include developing, identifying, and sharing best + practices; + ``(2) provide technical assistance, training, and + consultation to Federal, State, local, Tribal, and territorial + public health officials to improve preparedness and response + capabilities with respect to the needs of children, including + providing such technical assistance, training, and consultation + to eligible entities in order to support the achievement of + measurable evidence-based benchmarks and objective standards + applicable to sections 319C-1 and 319C-2; + ``(3) improve the utilization of methods to incorporate the + needs of children in planning for and responding to a public + health emergency, including public awareness of such methods; + ``(4) coordinate with, and improve, public-private + partnerships, such as health care coalitions pursuant to + sections 319C-2 and 319C-3, to address gaps and inefficiencies + in emergency preparedness and response efforts for children; + ``(5) provide expertise and input during the development of + guidance and clinical recommendations to address the needs of + children when preparing for, and responding to, public health + emergencies, including pursuant to section 319C-3; and + ``(6) carry out other duties related to preparedness and + response activities for children, as the Secretary determines + appropriate.''. + +SEC. 305. NATIONAL ADVISORY COMMITTEES ON DISASTERS. + + (a) Reauthorizing the National Advisory Committee on Children and +Disasters.--Section 2811A (42 U.S.C. 300hh-10a) is amended-- + (1) in subsection (b)(2), by inserting ``, mental and + behavioral,'' after ``medical''; + (2) in subsection (d)-- + (A) in paragraph (1), by striking ``15'' and + inserting ``25''; and + (B) by striking paragraph (2) and inserting the + following: + ``(2) Required non-federal members.--The Secretary, in + consultation with such other heads of Federal agencies as may + be appropriate, shall appoint to the Advisory Committee under + paragraph (1) at least 13 individuals, including-- + ``(A) at least 2 non-Federal professionals with + expertise in pediatric medical disaster planning, + preparedness, response, or recovery; + ``(B) at least 2 representatives from State, local, + Tribal, or territorial agencies with expertise in + pediatric disaster planning, preparedness, response, or + recovery; + ``(C) at least 4 members representing health care + professionals, which may include members with expertise + in pediatric emergency medicine; pediatric trauma, + critical care, or surgery; the treatment of pediatric + patients affected by chemical, biological, + radiological, or nuclear agents, including emerging + infectious diseases; pediatric mental or behavioral + health related to children affected by a public health + emergency; or pediatric primary care; and + ``(D) other members as the Secretary determines + appropriate, of whom-- + ``(i) at least one such member shall + represent a children's hospital; + ``(ii) at least one such member shall be an + individual with expertise in schools or child + care settings; + ``(iii) at least one such member shall be + an individual with expertise in children and + youth with special health care needs; and + ``(iv) at least one such member shall be an + individual with expertise in the needs of + parents or family caregivers, including the + parents or caregivers of children with + disabilities. + ``(3) Federal members.--The Advisory Committee under + paragraph (1) shall include the following Federal members or + their designees (who may be nonvoting members, as determined by + the Secretary): + ``(A) The Assistant Secretary for Preparedness and + Response. + ``(B) The Director of the Biomedical Advanced + Research and Development Authority. + ``(C) The Director of the Centers for Disease + Control and Prevention. + ``(D) The Commissioner of Food and Drugs. + ``(E) The Director of the National Institutes of + Health. + ``(F) The Assistant Secretary of the Administration + for Children and Families. + ``(G) The Administrator of the Health Resources and + Services Administration. + ``(H) The Administrator of the Federal Emergency + Management Agency. + ``(I) The Administrator of the Administration for + Community Living. + ``(J) The Secretary of Education. + ``(K) Representatives from such Federal agencies + (such as the Substance Abuse and Mental Health Services + Administration and the Department of Homeland Security) + as the Secretary determines appropriate to fulfill the + duties of the Advisory Committee under subsections (b) + and (c). + ``(4) Term of appointment.--Each member of the Advisory + Committee appointed under paragraph (2) shall serve for a term + of 3 years, except that the Secretary may adjust the terms of + the Advisory Committee appointees serving on the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, or appointees who are + initially appointed after such date of enactment, in order to + provide for a staggered term of appointment for all members. + ``(5) Consecutive appointments; maximum terms.--A member + appointed under paragraph (2) may serve not more than 3 terms + on the Advisory Committee, and not more than two of such terms + may be served consecutively.''; + (3) in subsection (e), by adding at the end ``At least one + meeting per year shall be an in-person meeting.''; + (4) by redesignating subsection (f) as subsection (g); + (5) by inserting after subsection (e) the following: + ``(f) Coordination.--The Secretary shall coordinate duties and +activities authorized under this section in accordance with section +2811D.''; and + (6) in subsection (g), as so redesignated, by striking + ``2018'' and inserting ``2023''. + (b) Authorizing the National Advisory Committee on Seniors and +Disasters.--Subtitle B of title XXVIII (42 U.S.C. 300hh et seq.) is +amended by inserting after section 2811A the following: + +``SEC. 2811B. NATIONAL ADVISORY COMMITTEE ON SENIORS AND DISASTERS. + + ``(a) Establishment.--The Secretary, in consultation with the +Secretary of Homeland Security and the Secretary of Veterans Affairs, +shall establish an advisory committee to be known as the National +Advisory Committee on Seniors and Disasters (referred to in this +section as the `Advisory Committee'). + ``(b) Duties.--The Advisory Committee shall-- + ``(1) provide advice and consultation with respect to the + activities carried out pursuant to section 2814, as applicable + and appropriate; + ``(2) evaluate and provide input with respect to the + medical and public health needs of seniors related to + preparation for, response to, and recovery from all-hazards + emergencies; and + ``(3) provide advice and consultation with respect to State + emergency preparedness and response activities relating to + seniors, including related drills and exercises pursuant to the + preparedness goals under section 2802(b). + ``(c) Additional Duties.--The Advisory Committee may provide advice +and recommendations to the Secretary with respect to seniors and the +medical and public health grants and cooperative agreements as +applicable to preparedness and response activities under this title and +title III. + ``(d) Membership.-- + ``(1) In general.--The Secretary, in consultation with such + other heads of agencies as appropriate, shall appoint not more + than 17 members to the Advisory Committee. In appointing such + members, the Secretary shall ensure that the total membership + of the Advisory Committee is an odd number. + ``(2) Required members.--The Advisory Committee shall + include Federal members or their designees (who may be + nonvoting members, as determined by the Secretary) and non- + Federal members, as follows: + ``(A) The Assistant Secretary for Preparedness and + Response. + ``(B) The Director of the Biomedical Advanced + Research and Development Authority. + ``(C) The Director of the Centers for Disease + Control and Prevention. + ``(D) The Commissioner of Food and Drugs. + ``(E) The Director of the National Institutes of + Health. + ``(F) The Administrator of the Centers for Medicare + & Medicaid Services. + ``(G) The Administrator of the Administration for + Community Living. + ``(H) The Administrator of the Federal Emergency + Management Agency. + ``(I) The Under Secretary for Health of the + Department of Veterans Affairs. + ``(J) At least 2 non-Federal health care + professionals with expertise in geriatric medical + disaster planning, preparedness, response, or recovery. + ``(K) At least 2 representatives of State, local, + Tribal, or territorial agencies with expertise in + geriatric disaster planning, preparedness, response, or + recovery. + ``(L) Representatives of such other Federal + agencies (such as the Department of Energy and the + Department of Homeland Security) as the Secretary + determines necessary to fulfill the duties of the + Advisory Committee. + ``(e) Meetings.--The Advisory Committee shall meet not less +frequently than biannually. At least one meeting per year shall be an +in-person meeting. + ``(f) Coordination.--The Secretary shall coordinate duties and +activities authorized under this section in accordance with section +2811D. + ``(g) Sunset.-- + ``(1) In general.--The Advisory Committee shall terminate + on September 30, 2023. + ``(2) Extension of committee.--Not later than October 1, + 2022, the Secretary shall submit to Congress a recommendation + on whether the Advisory Committee should be extended.''. + (c) National Advisory Committee on Individuals With Disabilities +and Disasters.--Subtitle B of title XXVIII (42 U.S.C. 300hh et seq.), +as amended by subsection (b), is further amended by inserting after +section 2811B the following: + +``SEC. 2811C. NATIONAL ADVISORY COMMITTEE ON INDIVIDUALS WITH + DISABILITIES AND DISASTERS. + + ``(a) Establishment.--The Secretary, in consultation with the +Secretary of Homeland Security, shall establish a national advisory +committee to be known as the National Advisory Committee on Individuals +with Disabilities and Disasters (referred to in this section as the +`Advisory Committee'). + ``(b) Duties.--The Advisory Committee shall-- + ``(1) provide advice and consultation with respect to + activities carried out pursuant to section 2814, as applicable + and appropriate; + ``(2) evaluate and provide input with respect to the + medical, public health, and accessibility needs of individuals + with disabilities related to preparation for, response to, and + recovery from all-hazards emergencies; and + ``(3) provide advice and consultation with respect to State + emergency preparedness and response activities, including + related drills and exercises pursuant to the preparedness goals + under section 2802(b). + ``(c) Membership.-- + ``(1) In general.--The Secretary, in consultation with such + other heads of agencies and departments as appropriate, shall + appoint not more than 17 members to the Advisory Committee. In + appointing such members, the Secretary shall ensure that the + total membership of the Advisory Committee is an odd number. + ``(2) Required members.--The Advisory Committee shall + include Federal members or their designees (who may be + nonvoting members, as determined by the Secretary) and non- + Federal members, as follows: + ``(A) The Assistant Secretary for Preparedness and + Response. + ``(B) The Administrator of the Administration for + Community Living. + ``(C) The Director of the Biomedical Advanced + Research and Development Authority. + ``(D) The Director of the Centers for Disease + Control and Prevention. + ``(E) The Commissioner of Food and Drugs. + ``(F) The Director of the National Institutes of + Health. + ``(G) The Administrator of the Federal Emergency + Management Agency. + ``(H) The Chair of the National Council on + Disability. + ``(I) The Chair of the United States Access Board. + ``(J) The Under Secretary for Health of the + Department of Veterans Affairs. + ``(K) At least 2 non-Federal health care + professionals with expertise in disability + accessibility before, during, and after disasters, + medical and mass care disaster planning, preparedness, + response, or recovery. + ``(L) At least 2 representatives from State, local, + Tribal, or territorial agencies with expertise in + disaster planning, preparedness, response, or recovery + for individuals with disabilities. + ``(M) At least 2 individuals with a disability with + expertise in disaster planning, preparedness, response, + or recovery for individuals with disabilities. + ``(d) Meetings.--The Advisory Committee shall meet not less +frequently than biannually. At least one meeting per year shall be an +in-person meeting. + ``(e) Disability Defined.--For purposes of this section, the term +`disability' has the meaning given such term in section 3 of the +Americans with Disabilities Act of 1990. + ``(f) Coordination.--The Secretary shall coordinate duties and +activities authorized under this section in accordance with section +2811D. + ``(g) Sunset.-- + ``(1) In general.--The Advisory Committee shall terminate + on September 30, 2023. + ``(2) Recommendation.--Not later than October 1, 2022, the + Secretary shall submit to Congress a recommendation on whether + the Advisory Committee should be extended.''. + (d) Advisory Committee Coordination.--Subtitle B of title XXVIII +(42 U.S.C. 300hh et seq.), as amended by subsection (c), is further +amended by inserting after section 2811C the following: + +``SEC. 2811D. ADVISORY COMMITTEE COORDINATION. + + ``(a) In General.--The Secretary shall coordinate duties and +activities authorized under sections 2811A, 2811B, and 2811C, and make +efforts to reduce unnecessary or duplicative reporting, or unnecessary +duplicative meetings and recommendations under such sections, as +practicable. Members of the advisory committees authorized under such +sections, or their designees, shall annually meet to coordinate any +recommendations, as appropriate, that may be similar, duplicative, or +overlapping with respect to addressing the needs of children, seniors, +and individuals with disabilities during public health emergencies. If +such coordination occurs through an in-person meeting, it shall not be +considered the required in-person meetings under any of sections +2811A(e), 2811B(e), or 2811C(d). + ``(b) Coordination and Alignment.--The Secretary, acting through +the employee designated pursuant to section 2814, shall align +preparedness and response programs or activities to address similar, +dual, or overlapping needs of children, seniors, and individuals with +disabilities, and any challenges in preparing for and responding to +such needs. + ``(c) Notification.--The Secretary shall annually notify the +congressional committees of jurisdiction regarding the steps taken to +coordinate, as appropriate, the recommendations under this section, and +provide a summary description of such coordination.''. + +SEC. 306. GUIDANCE FOR PARTICIPATION IN EXERCISES AND DRILLS. + + Not later than 2 years after the date of enactment of this Act, the +Secretary of Health and Human Services shall issue final guidance +regarding the ability of personnel funded by programs authorized under +this Act (including the amendments made by this Act) to participate in +drills and operational exercises related to all-hazards medical and +public health preparedness and response. Such drills and operational +exercises may include activities that incorporate medical surge +capacity planning, medical countermeasure distribution and +administration, and preparing for and responding to identified threats +for that region. Such personnel may include State, local, Tribal, and +territorial public health department or agency personnel funded under +this Act (including the amendments made by this Act). The Secretary +shall consult with the Department of Homeland Security, the Department +of Defense, the Department of Veterans Affairs, and other applicable +Federal departments and agencies as necessary and appropriate in the +development of such guidance. The Secretary shall make the guidance +available on the internet website of the Department of Health and Human +Services. + + TITLE IV--PRIORITIZING A THREAT-BASED APPROACH + +SEC. 401. ASSISTANT SECRETARY FOR PREPAREDNESS AND RESPONSE. + + Section 2811(b) (42 U.S.C. 300hh-10(b)) is amended-- + (1) in the matter preceding paragraph (1), by inserting + ``utilize experience related to public health emergency + preparedness and response, biodefense, medical countermeasures, + and other relevant topics to'' after ``shall''; and + (2) in paragraph (4), by adding at the end the following: + ``(I) Threat awareness.--Coordinate with the + Director of the Centers for Disease Control and + Prevention, the Director of National Intelligence, the + Secretary of Homeland Security, the Assistant to the + President for National Security Affairs, the Secretary + of Defense, and other relevant Federal officials, such + as the Secretary of Agriculture, to maintain a current + assessment of national security threats and inform + preparedness and response capabilities based on the + range of the threats that have the potential to result + in a public health emergency.''. + +SEC. 402. PUBLIC HEALTH EMERGENCY MEDICAL COUNTERMEASURES ENTERPRISE. + + (a) In General.--Title XXVIII is amended by inserting after section +2811 (42 U.S.C. 300hh-10) the following: + +``SEC. 2811-1. PUBLIC HEALTH EMERGENCY MEDICAL COUNTERMEASURES + ENTERPRISE. + + ``(a) In General.--The Secretary shall establish the Public Health +Emergency Medical Countermeasures Enterprise (referred to in this +section as the `PHEMCE'). The Assistant Secretary for Preparedness and +Response shall serve as chair of the PHEMCE. + ``(b) Members.--The PHEMCE shall include each of the following +members, or the designee of such members: + ``(1) The Assistant Secretary for Preparedness and + Response. + ``(2) The Director of the Centers for Disease Control and + Prevention. + ``(3) The Director of the National Institutes of Health. + ``(4) The Commissioner of Food and Drugs. + ``(5) The Secretary of Defense. + ``(6) The Secretary of Homeland Security. + ``(7) The Secretary of Agriculture. + ``(8) The Secretary of Veterans Affairs. + ``(9) The Director of National Intelligence. + ``(10) Representatives of any other Federal agency, which + may include the Director of the Biomedical Advanced Research + and Development Authority, the Director of the Strategic + National Stockpile, the Director of the National Institute of + Allergy and Infectious Diseases, and the Director of the Office + of Public Health Preparedness and Response, as the Secretary + determines appropriate. + ``(c) Functions.-- + ``(1) In general.--The functions of the PHEMCE shall + include the following: + ``(A) Utilize a process to make recommendations to + the Secretary regarding research, advanced research, + development, procurement, stockpiling, deployment, + distribution, and utilization with respect to + countermeasures, as defined in section 319F-2(c), + including prioritization based on the health security + needs of the United States. Such recommendations shall + be informed by, when available and practicable, the + National Health Security Strategy pursuant to section + 2802, the Strategic National Stockpile needs pursuant + to section 319F-2, and assessments of current national + security threats, including chemical, biological, + radiological, and nuclear threats, including emerging + infectious diseases. In the event that members of the + PHEMCE do not agree upon a recommendation, the + Secretary shall provide a determination regarding such + recommendation. + ``(B) Identify national health security needs, + including gaps in public health preparedness and + response related to countermeasures and challenges to + addressing such needs (including any regulatory + challenges), and support alignment of countermeasure + procurement with recommendations to address such needs + under subparagraph (A). + ``(C) Assist the Secretary in developing strategies + related to logistics, deployment, distribution, + dispensing, and use of countermeasures that may be + applicable to the activities of the strategic national + stockpile under section 319F-2(a). + ``(D) Provide consultation for the development of + the strategy and implementation plan under section + 2811(d). + ``(2) Input.--In carrying out subparagraphs (B) and (C) of + paragraph (1), the PHEMCE shall solicit and consider input from + State, local, Tribal, and territorial public health departments + or officials, as appropriate.''. + (b) Public Health Emergency Medical Countermeasures Enterprise +Strategy and Implementation Plan.--Section 2811(d) (42 U.S.C. 300hh- +10(d)) is amended-- + (1) in paragraph (1)-- + (A) by striking ``Not later than 180 days after the + date of enactment of this subsection, and every year + thereafter'' and inserting ``Not later than March 15, + 2020, and biennially thereafter''; and + (B) by striking ``Director of the Biomedical'' and + all that follows through ``Food and Drugs'' and + inserting ``Public Health Emergency Medical + Countermeasures Enterprise established under section + 2811-1''; and + (2) in paragraph (2)(J)(v), by striking ``one-year period'' + and inserting ``2-year period''. + +SEC. 403. STRATEGIC NATIONAL STOCKPILE. + + (a) In General.--Section 319F-2(a) (42 U.S.C. 247d-6b(a)) is +amended-- + (1) by redesignating paragraphs (2) and (3) as paragraphs + (3) and (4), respectively; and + (2) in paragraph (1)-- + (A) by inserting ``the Assistant Secretary for + Preparedness and Response and'' after ``collaboration + with''; + (B) by inserting ``and optimize'' after ``provide + for''; + (C) by inserting ``and, as informed by existing + recommendations of, or consultations with, the Public + Health Emergency Medical Countermeasure Enterprise + established under section 2811-1, make necessary + additions or modifications to the contents of such + stockpile or stockpiles based on the review conducted + under paragraph (2)'' before the period of the first + sentence; and + (D) by striking the second sentence; + (3) by inserting after paragraph (1) the following: + ``(2) Threat-based review.-- + ``(A) In general.--The Secretary shall conduct an + annual threat-based review (taking into account at-risk + individuals) of the contents of the stockpile under + paragraph (1), including non-pharmaceutical supplies, + and, in consultation with the Public Health Emergency + Medical Countermeasures Enterprise established under + section 2811-1, review contents within the stockpile + and assess whether such contents are consistent with + the recommendations made pursuant to section 2811- + 1(c)(1)(A). Such review shall be submitted on June 15, + 2019, and on March 15 of each year thereafter, to the + Committee on Health, Education, Labor, and Pensions and + the Committee on Appropriations of the Senate and the + Committee on Energy and Commerce and the Committee on + Appropriations of the House of Representatives, in a + manner that does not compromise national security. + ``(B) Additions, modifications, and + replenishments.--Each annual threat-based review under + subparagraph (A) shall, for each new or modified + countermeasure procurement or replenishment, provide-- + ``(i) information regarding-- + ``(I) the quantities of the + additional or modified countermeasure + procured for, or contracted to be + procured for, the stockpile; + ``(II) planning considerations for + appropriate manufacturing capacity and + capability to meet the goals of such + additions or modifications (without + disclosing proprietary information), + including consideration of the effect + such additions or modifications may + have on the availability of such + products and ancillary medical supplies + in the health care system; + ``(III) the presence or lack of a + commercial market for the + countermeasure at the time of + procurement; + ``(IV) the emergency health + security threat or threats such + countermeasure procurement is intended + to address, including whether such + procurement is consistent with meeting + emergency health security needs + associated with such threat or threats; + ``(V) an assessment of whether the + emergency health security threat or + threats described in subclause (IV) + could be addressed in a manner that + better utilizes the resources of the + stockpile and permits the greatest + possible increase in the level of + emergency preparedness to address such + threats; + ``(VI) whether such countermeasure + is replenishing an expiring or expired + countermeasure, is a different + countermeasure with the same indication + that is replacing an expiring or + expired countermeasure, or is a new + addition to the stockpile; + ``(VII) a description of how such + additions or modifications align with + projected investments under previous + countermeasures budget plans under + section 2811(b)(7), including expected + life-cycle costs, expenditures related + to countermeasure procurement to + address the threat or threats described + in subclause (IV), replenishment dates + (including the ability to extend the + maximum shelf life of a + countermeasure), and the manufacturing + capacity required to replenish such + countermeasure; and + ``(VIII) appropriate protocols and + processes for the deployment, + distribution, or dispensing of the + countermeasure at the State and local + level, including plans for relevant + capabilities of State and local + entities to dispense, distribute, and + administer the countermeasure; and + ``(ii) an assurance, which need not be + provided in advance of procurement, that for + each countermeasure procured or replenished + under this subsection, the Secretary completed + a review addressing each item listed under this + subsection in advance of such procurement or + replenishment.''; + (4) in paragraph (3), as so redesignated-- + (A) in subparagraph (A), by inserting ``and the + Public Health Emergency Medical Countermeasures + Enterprise established under section 2811-1'' before + the semicolon; + (B) in subparagraph (C), by inserting ``, and the + availability, deployment, dispensing, and + administration of countermeasures'' before the + semicolon; + (C) by amending subparagraph (E) to read as + follows: + ``(E) devise plans for effective and timely supply- + chain management of the stockpile, in consultation with + the Director of the Centers for Disease Control and + Prevention, the Assistant Secretary for Preparedness + and Response, the Secretary of Transportation, the + Secretary of Homeland Security, the Secretary of + Veterans Affairs, and the heads of other appropriate + Federal agencies; State, local, Tribal, and territorial + agencies; and the public and private health care + infrastructure, as applicable, taking into account the + manufacturing capacity and other available sources of + products and appropriate alternatives to supplies in + the stockpile;''; + (D) in subparagraph (G), by striking ``; and'' and + inserting a semicolon; + (E) in subparagraph (H), by striking the period and + inserting a semicolon; and + (F) by adding at the end the following: + ``(I) ensure that each countermeasure or product + under consideration for procurement pursuant to this + subsection receives the same consideration regardless + of whether such countermeasure or product receives or + had received funding under section 319L, including with + respect to whether the countermeasure or product is + most appropriate to meet the emergency health security + needs of the United States; and + ``(J) provide assistance, including technical + assistance, to maintain and improve State and local + public health preparedness capabilities to distribute + and dispense medical countermeasures and products from + the stockpile, as appropriate.''; and + (5) by adding at the end the following: + ``(5) GAO report.-- + ``(A) In general.--Not later than 3 years after the + date of enactment of the Pandemic and All-Hazards + Preparedness and Advancing Innovation Act of 2019, and + every 5 years thereafter, the Comptroller General of + the United States shall conduct a review of any changes + to the contents or management of the stockpile since + January 1, 2015. Such review shall include-- + ``(i) an assessment of the + comprehensiveness and completeness of each + annual threat-based review under paragraph (2), + including whether all newly procured or + replenished countermeasures within the + stockpile were described in each annual review, + and whether, consistent with paragraph (2)(B), + the Secretary conducted the necessary internal + review in advance of such procurement or + replenishment; + ``(ii) an assessment of whether the + Secretary established health security and + science-based justifications, and a description + of such justifications for procurement + decisions related to health security needs with + respect to the identified threat, for additions + or modifications to the stockpile based on the + information provided in such reviews under + paragraph (2)(B), including whether such review + was conducted prior to procurement, + modification, or replenishment; + ``(iii) an assessment of the plans + developed by the Secretary for the deployment, + distribution, and dispensing of countermeasures + procured, modified, or replenished under + paragraph (1), including whether such plans + were developed prior to procurement, + modification, or replenishment; + ``(iv) an accounting of countermeasures + procured, modified, or replenished under + paragraph (1) that received advanced research + and development funding from the Biomedical + Advanced Research and Development Authority; + ``(v) an analysis of how such procurement + decisions made progress toward meeting + emergency health security needs related to the + identified threats for countermeasures added, + modified, or replenished under paragraph (1); + ``(vi) a description of the resources + expended related to the procurement of + countermeasures (including additions, + modifications, and replenishments) in the + stockpile, and how such expenditures relate to + the ability of the stockpile to meet emergency + health security needs; + ``(vii) an assessment of the extent to + which additions, modifications, and + replenishments reviewed under paragraph (2) + align with previous relevant reports or reviews + by the Secretary or the Comptroller General; + ``(viii) with respect to any change in the + Federal organizational management of the + stockpile, an assessment and comparison of the + processes affected by such change, including + planning for potential countermeasure + deployment, distribution, or dispensing + capabilities and processes related to + procurement decisions, use of stockpiled + countermeasures, and use of resources for such + activities; and + ``(ix) an assessment of whether the + processes and procedures described by the + Secretary pursuant to section 403(b) of the + Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019 are sufficient + to ensure countermeasures and products under + consideration for procurement pursuant to + subsection (a) receive the same consideration + regardless of whether such countermeasures and + products receive or had received funding under + section 319L, including with respect to whether + such countermeasures and products are most + appropriate to meet the emergency health + security needs of the United States. + ``(B) Submission.--Not later than 6 months after + completing a classified version of the review under + subparagraph (A), the Comptroller General shall submit + an unclassified version of the review to the + congressional committees of jurisdiction.''. + (b) Additional Reporting.--In the first threat-based review +submitted after the date of enactment of this Act pursuant to paragraph +(2) of section 319F-2(a) of the Public Health Service Act (42 U.S.C. +247d-6b(a)), as amended by subsection (a), the Secretary shall include +a description of the processes and procedures through which the +Director of the Strategic National Stockpile and the Director of the +Biomedical Advanced Research and Development Authority coordinate with +respect to countermeasures and products procured under such section +319F-2(a), including such processes and procedures in place to ensure +countermeasures and products under consideration for procurement +pursuant to such section 319F-2(a) receive the same consideration +regardless of whether such countermeasures or products receive or had +received funding under section 319L of the Public Health Service Act +(42 U.S.C. 247d-7e), and whether such countermeasures and products are +the most appropriate to meet the emergency health security needs of the +United States. + (c) Authorization of Appropriations, Strategic National +Stockpile.--Section 319F-2(f)(1) (42 U.S.C. 247d-6b(f)(1)) is amended +by striking ``$533,800,000 for each of fiscal years 2014 through 2018'' +and inserting ``$610,000,000 for each of fiscal years 2019 through +2023, to remain available until expended''. + +SEC. 404. PREPARING FOR PANDEMIC INFLUENZA, ANTIMICROBIAL RESISTANCE, + AND OTHER SIGNIFICANT THREATS. + + (a) Strategic Initiatives.--Section 319L(c)(4) (247d-7e(c)(4)) is +amended by adding at the end the following: + ``(F) Strategic initiatives.--The Secretary, acting + through the Director of BARDA, may implement strategic + initiatives, including by building on existing programs + and by awarding contracts, grants, and cooperative + agreements, or entering into other transactions, to + support innovative candidate products in preclinical + and clinical development that address priority, + naturally occurring and man-made threats that, as + determined by the Secretary, pose a significant level + of risk to national security based on the + characteristics of a chemical, biological, radiological + or nuclear threat, or existing capabilities to respond + to such a threat (including medical response and + treatment capabilities and manufacturing + infrastructure). Such initiatives shall accelerate and + support the advanced research, development, and + procurement of countermeasures and products, as + applicable, to address areas including-- + ``(i) chemical, biological, radiological, + or nuclear threats, including emerging + infectious diseases, for which insufficient + approved, licensed, or authorized + countermeasures exist, or for which such + threat, or the result of an exposure to such + threat, may become resistant to countermeasures + or existing countermeasures may be rendered + ineffective; + ``(ii) threats that consistently exist or + continually circulate and have a significant + potential to become a pandemic, such as + pandemic influenza, which may include the + advanced research and development, + manufacturing, and appropriate stockpiling of + qualified pandemic or epidemic products, and + products, technologies, or processes to support + the advanced research and development of such + countermeasures (including multiuse platform + technologies for diagnostics, vaccines, and + therapeutics; virus seeds; clinical trial lots; + novel virus strains; and antigen and adjuvant + material); and + ``(iii) threats that may result primarily + or secondarily from a chemical, biological, + radiological, or nuclear agent, or emerging + infectious diseases, and which may present + increased treatment complications such as the + occurrence of resistance to available + countermeasures or potential countermeasures, + including antimicrobial resistant pathogens.''. + (b) Protection of National Security From Threats.--Section 2811 (42 +U.S.C. 300hh-10) is amended by adding at the end the following: + ``(f) Protection of National Security From Threats.-- + ``(1) In general.--In carrying out subsection (b)(3), the + Assistant Secretary for Preparedness and Response shall + implement strategic initiatives or activities to address + threats, including pandemic influenza and which may include a + chemical, biological, radiological, or nuclear agent (including + any such agent with a significant potential to become a + pandemic), that pose a significant level of risk to public + health and national security based on the characteristics of + such threat. Such initiatives shall include activities to-- + ``(A) accelerate and support the advanced research, + development, manufacturing capacity, procurement, and + stockpiling of countermeasures, including initiatives + under section 319L(c)(4)(F); + ``(B) support the development and manufacturing of + virus seeds, clinical trial lots, and stockpiles of + novel virus strains; and + ``(C) maintain or improve preparedness activities, + including for pandemic influenza. + ``(2) Authorization of appropriations.-- + ``(A) In general.--To carry out this subsection, + there is authorized to be appropriated $250,000,000 for + each of fiscal years 2019 through 2023. + ``(B) Supplement, not supplant.--Amounts + appropriated under this paragraph shall be used to + supplement and not supplant funds provided under + sections 319L(d) and 319F-2(g). + ``(C) Documentation required.--The Assistant + Secretary for Preparedness and Response, in accordance + with subsection (b)(7), shall document amounts expended + for purposes of carrying out this subsection, including + amounts appropriated under the heading `Public Health + and Social Services Emergency Fund' under the heading + `Office of the Secretary' under title II of division H + of the Consolidated Appropriations Act, 2018 (Public + Law 115-141) and allocated to carrying out section + 319L(c)(4)(F).''. + +SEC. 405. REPORTING ON THE FEDERAL SELECT AGENT PROGRAM. + + Section 351A(k) (42 U.S.C. 262a(k)) is amended-- + (1) by striking ``The Secretary'' and inserting the + following: + ``(1) In general.--The Secretary''; and + (2) by adding at the end the following: + ``(2) Implementation of recommendations of the federal + experts security advisory panel and the fast track action + committee on select agent regulations.-- + ``(A) In general.--Not later than 1 year after the + date of the enactment of the Pandemic and All-Hazards + Preparedness and Advancing Innovation Act of 2019, the + Secretary shall report to the congressional committees + of jurisdiction on the implementation of + recommendations of the Federal Experts Security + Advisory Panel concerning the select agent program. + ``(B) Continued updates.--The Secretary shall + report to the congressional committees of jurisdiction + annually following the submission of the report under + subparagraph (A) until the recommendations described in + such subparagraph are fully implemented, or a + justification is provided for the delay in, or lack of, + implementation.''. + + TITLE V--INCREASING COMMUNICATION IN MEDICAL COUNTERMEASURE ADVANCED + RESEARCH AND DEVELOPMENT + +SEC. 501. MEDICAL COUNTERMEASURE BUDGET PLAN. + + Section 2811(b)(7) (42 U.S.C. 300hh-10(b)(7)) is amended-- + (1) in the matter preceding subparagraph (A), by striking + ``March 1'' and inserting ``March 15''; + (2) in subparagraph (A)-- + (A) in clause (ii), by striking ``; and'' and + inserting ``;''; and + (B) by striking clause (iii) and inserting the + following: + ``(iii) procurement, stockpiling, + maintenance, and potential replenishment + (including manufacturing capabilities) of all + products in the Strategic National Stockpile; + ``(iv) the availability of technologies + that may assist in the advanced research and + development of countermeasures and + opportunities to use such technologies to + accelerate and navigate challenges unique to + countermeasure research and development; and + ``(v) potential deployment, distribution, + and utilization of medical countermeasures; + development of clinical guidance and emergency + use instructions for the use of medical + countermeasures; and, as applicable, potential + postdeployment activities related to medical + countermeasures;''; + (3) by redesignating subparagraphs (D) and (E) as + subparagraphs (E) and (F), respectively; and + (4) by inserting after subparagraph (C), the following: + ``(D) identify the full range of anticipated + medical countermeasure needs related to research and + development, procurement, and stockpiling, including + the potential need for indications, dosing, and + administration technologies, and other countermeasure + needs as applicable and appropriate;''. + +SEC. 502. MATERIAL THREAT AND MEDICAL COUNTERMEASURE NOTIFICATIONS. + + (a) Congressional Notification of Material Threat Determination.-- +Section 319F-2(c)(2)(C) (42 U.S.C. 247d-6b(c)(2)(C)) is amended by +striking ``The Secretary and the Homeland Security Secretary shall +promptly notify the appropriate committees of Congress'' and inserting +``The Secretary and the Secretary of Homeland Security shall send to +Congress, on an annual basis, all current material threat +determinations and shall promptly notify the Committee on Health, +Education, Labor, and Pensions and the Committee on Homeland Security +and Governmental Affairs of the Senate and the Committee on Energy and +Commerce and the Committee on Homeland Security of the House of +Representatives''. + (b) Contracting Communication.--Section 319F-2(c)(7)(B)(ii)(III) +(42 U.S.C. 247d-6b(c)(7)(B)(ii)(III)) is amended by adding at the end +the following: ``The Secretary shall notify the vendor within 90 days +of a determination by the Secretary to renew, extend, or terminate such +contract.''. + +SEC. 503. AVAILABILITY OF REGULATORY MANAGEMENT PLANS. + + Section 565(f) of the Federal Food, Drug, and Cosmetic Act (21 +U.S.C. 360bbb-4(f)) is amended-- + (1) by redesignating paragraphs (3) through (6) as + paragraphs (4) through (7), respectively; + (2) by inserting after paragraph (2) the following: + ``(3) Publication.--The Secretary shall make available on + the internet website of the Food and Drug Administration + information regarding regulatory management plans, including-- + ``(A) the process by which an applicant may submit + a request for a regulatory management plan; + ``(B) the timeframe by which the Secretary is + required to respond to such request; + ``(C) the information required for the submission + of such request; + ``(D) a description of the types of development + milestones and performance targets that could be + discussed and included in such plans; and + ``(E) contact information for beginning the + regulatory management plan process.''; + (3) in paragraph (6), as so redesignated, in the matter + preceding subparagraph (A)-- + (A) by striking ``paragraph (4)(A)'' and inserting + ``paragraph (5)(A)''; and + (B) by striking ``paragraph (4)(B)'' and inserting + ``paragraph (5)(B)''; and + (4) in paragraph (7)(A), as so redesignated, by striking + ``paragraph (3)(A)'' and inserting ``paragraph (4)(A)''. + +SEC. 504. THE BIOMEDICAL ADVANCED RESEARCH AND DEVELOPMENT AUTHORITY + AND THE BIOSHIELD SPECIAL RESERVE FUND. + + (a) BioShield Special Reserve Fund.--Section 319F-2(g)(1) (42 +U.S.C. 247d-6b(g)(1)) is amended-- + (1) by striking ``$2,800,000,000 for the period of fiscal + years 2014 through 2018'' and inserting ``$7,100,000,000 for + the period of fiscal years 2019 through 2028, to remain + available until expended''; and + (2) by striking the second sentence. + (b) The Biomedical Advanced Research and Development Authority.-- +Section 319L(d)(2) (42 U.S.C. 247d-7e(d)(2)) is amended by striking +``$415,000,000 for each of fiscal years 2014 through 2018'' and +inserting ``$611,700,000 for each of fiscal years 2019 through 2023''. + +SEC. 505. ADDITIONAL STRATEGIES FOR COMBATING ANTIBIOTIC RESISTANCE. + + (a) Advisory Council.--The Secretary of Health and Human Services +(referred to in this section as the ``Secretary'') may continue the +Presidential Advisory Council on Combating Antibiotic-Resistant +Bacteria, referred to in this section as the ``Advisory Council''. + (b) Duties.--The Advisory Council shall advise and provide +information and recommendations to the Secretary regarding programs and +policies intended to reduce or combat antibiotic-resistant bacteria +that may present a public health threat and improve capabilities to +prevent, diagnose, mitigate, or treat such resistance. Such advice, +information, and recommendations may be related to improving-- + (1) the effectiveness of antibiotics; + (2) research and advanced research on, and the development + of, improved and innovative methods for combating or reducing + antibiotic resistance, including new treatments, rapid point- + of-care diagnostics, alternatives to antibiotics, including + alternatives to animal antibiotics, and antimicrobial + stewardship activities; + (3) surveillance of antibiotic-resistant bacterial + infections, including publicly available and up-to-date + information on resistance to antibiotics; + (4) education for health care providers and the public with + respect to up-to-date information on antibiotic resistance and + ways to reduce or combat such resistance to antibiotics related + to humans and animals; + (5) methods to prevent or reduce the transmission of + antibiotic-resistant bacterial infections, including + stewardship programs; and + (6) coordination with respect to international efforts in + order to inform and advance United States capabilities to + combat antibiotic resistance. + (c) Meetings and Coordination.-- + (1) Meetings.--The Advisory Council shall meet not less + than biannually and, to the extent practicable, in coordination + with meetings of the Antimicrobial Resistance Task Force + established in section 319E(a) of the Public Health Service + Act. + (2) Coordination.--The Advisory Council shall, to the + greatest extent practicable, coordinate activities carried out + by the Council with the Antimicrobial Resistance Task Force + established under section 319E(a) of the Public Health Service + Act (42 U.S.C. 247d-5(a)). + (d) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall +apply to the activities and duties of the Advisory Council. + (e) Extension of Advisory Council.--Not later than October 1, 2022, +the Secretary shall submit to the Committee on Health, Education, +Labor, and Pensions of the Senate and the Committee on Energy and +Commerce of the House of Representatives a recommendation on whether +the Advisory Council should be extended, and in addition, identify +whether there are other committees, councils, or task forces that have +overlapping or similar duties to that of the Advisory Council, and +whether such committees, councils, or task forces should be combined, +including with respect to section 319E(a) of the Public Health Service +Act (42 U.S.C. 247d-5(a)). + + TITLE VI--ADVANCING TECHNOLOGIES FOR MEDICAL COUNTERMEASURES + +SEC. 601. ADMINISTRATION OF COUNTERMEASURES. + + Section 319L(c)(4)(D)(iii) (42 U.S.C. 247d-7e(c)(4)(D)(iii)) is +amended by striking ``and platform technologies'' and inserting +``platform technologies, technologies to administer countermeasures, +and technologies to improve storage and transportation of +countermeasures''. + +SEC. 602. UPDATING DEFINITIONS OF OTHER TRANSACTIONS. + + Section 319L (42 U.S.C. 247d-7e) is amended-- + (1) in subsection (a)(3), by striking ``, such as'' and all + that follows through ``Code''; and + (2) in subsection (c)(5)(A)-- + (A) in clause (i), by striking ``under this + subsection'' and all that follows through ``Code'' and + inserting ``(as defined in subsection (a)(3)) under + this subsection''; and + (B) in clause (ii)-- + (i) by amending subclause (I) to read as + follows: + ``(I) In general.--To the maximum + extent practicable, competitive + procedures shall be used when entering + into transactions to carry out projects + under this subsection.''; and + (ii) in subclause (II)-- + (I) by striking ``$20,000,000'' and + inserting ``$100,000,000''; + (II) by striking ``senior + procurement executive for the + Department (as designated for purpose + of section 16(c) of the Office of + Federal Procurement Policy Act (41 + U.S.C. 414(c)))'' and inserting + ``Assistant Secretary for Financial + Resources''; and + (III) by striking ``senior + procurement executive under'' and + inserting ``Assistant Secretary for + Financial Resources under''. + +SEC. 603. MEDICAL COUNTERMEASURE MASTER FILES. + + (a) In General.--The purpose of this section (including section +565B of the Federal Food, Drug, and Cosmetic Act, as added by +subsection (b)) is to support and advance the development or +manufacture of security countermeasures, qualified countermeasures, and +qualified pandemic or epidemic products by facilitating and encouraging +submission of data and information to support the development of such +products, and through clarifying the authority to cross-reference to +data and information previously submitted to the Secretary of Health +and Human Services (referred to in this section as the ``Secretary''), +including data and information submitted to medical countermeasure +master files or other master files. + (b) Medical Countermeasure Master Files.--Chapter V of the Federal +Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by +inserting after section 565A the following: + +``SEC. 565B. MEDICAL COUNTERMEASURE MASTER FILES. + + ``(a) Applicability of Reference.-- + ``(1) In general.--A person may submit data and information + in a master file to the Secretary with the intent to reference, + or to authorize, in writing, another person to reference, such + data or information to support a medical countermeasure + submission (including a supplement or amendment to any such + submission), without requiring the master file holder to + disclose the data and information to any such persons + authorized to reference the master file. Such data and + information shall be available for reference by the master file + holder or by a person authorized by the master file holder, in + accordance with applicable privacy and confidentiality + protocols and regulations. + ``(2) Reference of certain master files.--In the case that + data or information within a medical countermeasure master file + is used only to support the conditional approval of an + application filed under section 571, such master file may be + relied upon to support the effectiveness of a product that is + the subject of a subsequent medical countermeasure submission + only if such application is supplemented by additional data or + information to support review and approval in a manner + consistent with the standards applicable to such review and + approval for such countermeasure, qualified countermeasure, or + qualified pandemic or epidemic product. + ``(b) Medical Countermeasure Master File Content.-- + ``(1) In general.--A master file under this section may + include data or information to support-- + ``(A) the development of medical countermeasure + submissions to support the approval, licensure, + classification, clearance, conditional approval, or + authorization of one or more security countermeasures, + qualified countermeasures, or qualified pandemic or + epidemic products; and + ``(B) the manufacture of security countermeasures, + qualified countermeasures, or qualified pandemic or + epidemic products. + ``(2) Required updates.--The Secretary may require, as + appropriate, that the master file holder ensure that the + contents of such master file are updated during the time such + master file is referenced for a medical countermeasure + submission. + ``(c) Sponsor Reference.-- + ``(1) In general.--Each incorporation of data or + information within a medical countermeasure master file shall + describe the incorporated material in a manner in which the + Secretary determines appropriate and that permits the review of + such information within such master file without necessitating + resubmission of such data or information. Master files shall be + submitted in an electronic format in accordance with sections + 512(b)(4), 571(a)(4), and 745A, as applicable, and as specified + in applicable guidance. + ``(2) Reference by a master file holder.--A master file + holder that is the sponsor of a medical countermeasure + submission shall notify the Secretary in writing of the intent + to reference the medical countermeasure master file as a part + of the submission. + ``(3) Reference by an authorized person.--A person + submitting an application for review may, where the Secretary + determines appropriate, incorporate by reference all or part of + the contents of a medical countermeasure master file, if the + master file holder authorizes the incorporation in writing. + ``(d) Acknowledgment of and Reliance Upon a Master File by the +Secretary.-- + ``(1) In general.--The Secretary shall provide the master + file holder with a written notification indicating that the + Secretary has reviewed and relied upon specified data or + information within a master file and the purposes for which + such data or information was incorporated by reference if the + Secretary has reviewed and relied upon such specified data or + information to support the approval, classification, + conditional approval, clearance, licensure, or authorization of + a security countermeasure, qualified countermeasure, or + qualified pandemic or epidemic product. The Secretary may rely + upon the data and information within the medical countermeasure + master file for which such written notification was provided in + additional applications, as applicable and appropriate and upon + the request of the master file holder so notified in writing or + by an authorized person of such holder. + ``(2) Certain applications.--If the Secretary has reviewed + and relied upon specified data or information within a medical + countermeasure master file to support the conditional approval + of an application under section 571 to subsequently support the + approval, clearance, licensure, or authorization of a security + countermeasure, qualified countermeasure, or qualified pandemic + or epidemic product, the Secretary shall provide a brief + written description to the master file holder regarding the + elements of the application fulfilled by the data or + information within the master file and how such data or + information contained in such application meets the standards + of evidence under subsection (c) or (d) of section 505, + subsection (d) of section 512, or section 351 of the Public + Health Service Act (as applicable), which shall not include any + trade secret or confidential commercial information. + ``(e) Rules of Construction.--Nothing in this section shall be +construed to-- + ``(1) limit the authority of the Secretary to approve, + license, clear, conditionally approve, or authorize drugs, + biological products, or devices pursuant to, as applicable, + this Act or section 351 of the Public Health Service Act (as + such applicable Act is in effect on the day before the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019), including the standards of + evidence, and applicable conditions, for approval under the + applicable Act; + ``(2) alter the standards of evidence with respect to + approval, licensure, or clearance, as applicable, of drugs, + biological products, or devices under this Act or section 351 + of the Public Health Service Act, including, as applicable, the + substantial evidence standards under sections 505(d) and 512(d) + or this Act and section 351(a) of the Public Health Service + Act; or + ``(3) alter the authority of the Secretary under this Act + or the Public Health Service Act to determine the types of data + or information previously submitted by a sponsor or any other + person that may be incorporated by reference in an application, + request, or notification for a drug, biological product, or + device submitted under sections 505(i), 505(b), 505(j), + 512(b)(1), 512(b)(2), 512(j), 564, 571, 520(g), 515(c), + 513(f)(2), or 510(k) of this Act, or subsection (a) or (k) of + section 351 of the Public Health Service Act, including a + supplement or amendment to any such submission, and the + requirements associated with such reference. + ``(f) Definitions.--In this section: + ``(1) The term `master file holder' means a person who + submits data and information to the Secretary with the intent + to reference or authorize another person to reference such data + or information to support a medical countermeasure submission, + as described in subsection (a). + ``(2) The term `medical countermeasure submission' means an + investigational new drug application under section 505(i), a + new drug application under section 505(b), or an abbreviated + new drug application under section 505(j) of this Act, a + biological product license application under section 351(a) of + the Public Health Service Act or a biosimilar biological + product license application under section 351(k) of the Public + Health Service Act, a new animal drug application under section + 512(b)(1) or abbreviated new animal drug application under + section 512(b)(2), an application for conditional approval of a + new animal drug under section 571, an investigational device + application under section 520(g), an application with respect + to a device under section 515(c), a request for classification + of a device under section 513(f)(2), a notification with + respect to a device under section 510(k), or a request for an + emergency use authorization under section 564 to support-- + ``(A) the approval, licensure, classification, + clearance, conditional approval, or authorization of a + security countermeasure, qualified countermeasure, or + qualified pandemic or epidemic product; or + ``(B) a new indication to an approved security + countermeasure, qualified countermeasure, or qualified + pandemic or epidemic product. + ``(3) The terms `qualified countermeasure', `security + countermeasure', and `qualified pandemic or epidemic product' + have the meanings given such terms in sections 319F-1, 319F-2, + and 319F-3, respectively, of the Public Health Service Act.''. + (c) Stakeholder Input.--Not later than 18 months after the date of +enactment of this Act, the Secretary, acting through the Commissioner +of Food and Drugs and in consultation with the Assistant Secretary for +Preparedness and Response, shall solicit input from stakeholders, +including stakeholders developing security countermeasures, qualified +countermeasures, or qualified pandemic or epidemic products, and +stakeholders developing technologies to assist in the development of +such countermeasures with respect to how the Food and Drug +Administration can advance the use of tools and technologies to support +and advance the development or manufacture of security countermeasures, +qualified countermeasures, and qualified pandemic or epidemic products, +including through reliance on cross-referenced data and information +contained within master files and submissions previously submitted to +the Secretary as set forth in section 565B of the Federal Food, Drug, +and Cosmetic Act, as added by subsection (b). + (d) Guidance.--Not later than 2 years after the date of enactment +of this Act, the Secretary, acting through the Commissioner of Food and +Drugs, shall publish draft guidance about how reliance on cross- +referenced data and information contained within master files under +section 565B of the Federal Food, Drug, and Cosmetic Act, as added by +subsection (b) or submissions otherwise submitted to the Secretary may +be used for specific tools or technologies (including platform +technologies) that have the potential to support and advance the +development or manufacture of security countermeasures, qualified +countermeasures, and qualified pandemic or epidemic products. The +Secretary, acting through the Commissioner of Food and Drugs, shall +publish the final guidance not later than 3 years after the enactment +of this Act. + +SEC. 604. ANIMAL RULE REPORT. + + (a) Study.--The Comptroller General of the United States shall +conduct a study on the application of the requirements under +subsections (c) and (d) of section 565 of the of the Federal Food, +Drug, and Cosmetic Act (21 U.S.C. 360bbb-4) (referred to in this +section as the ``animal rule'') as a component of medical +countermeasure advanced development under the Biomedical Advanced +Research and Development Authority and regulatory review by the Food +and Drug Administration. In conducting such study, the Comptroller +General shall examine the following: + (1) The extent to which advanced development and review of + a medical countermeasure are coordinated between the Biomedical + Advanced Research and Development Authority and the Food and + Drug Administration, including activities that facilitate + appropriate and efficient design of studies to support + approval, licensure, and authorization under the animal rule, + consistent with the recommendations in the animal rule + guidance, issued pursuant to section 565(c) of the Federal + Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-4(c)) and + entitled ``Product Development Under the Animal Rule: Guidance + for Industry'' (issued in October 2015), to resolve + discrepancies in the design of adequate and well-controlled + efficacy studies conducted in animal models related to the + provision of substantial evidence of effectiveness for the + product approved, licensed, or authorized under the animal + rule. + (2) The consistency of the application of the animal rule + among and between review divisions within the Food and Drug + Administration. + (3) The flexibility pursuant to the animal rule to address + variations in countermeasure development and review processes, + including the extent to which qualified animal models are + adopted and used within the Food and Drug Administration in + regulatory decisionmaking with respect to medical + countermeasures. + (4) The extent to which the guidance issued under section + 565(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. + 360bbb-4(c)), entitled, ``Product Development Under the Animal + Rule: Guidance for Industry'' (issued in October 2015), has + assisted in achieving the purposes described in paragraphs (1), + (2), and (3). + (b) Consultations.--In conducting the study under subsection (a), +the Comptroller General of the United States shall consult with-- + (1) the Federal agencies responsible for advancing, + reviewing, and procuring medical countermeasures, including the + Office of the Assistant Secretary for Preparedness and + Response, the Biomedical Advanced Research and Development + Authority, the Food and Drug Administration, and the Department + of Defense; + (2) manufacturers involved in the research and development + of medical countermeasures to address biological, chemical, + radiological, or nuclear threats; and + (3) other biodefense stakeholders, as applicable. + (c) Report.--Not later than 3 years after the date of enactment of +this Act, the Comptroller General of the United States shall submit to +the Committee on Health, Education, Labor, and Pensions of the Senate +and the Committee on Energy and Commerce of the House of +Representatives a report containing the results of the study conducted +under subsection (a) and recommendations to improve the application and +consistency of the requirements under subsections (c) and (d) of +section 565 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. +360bbb-4) to support and expedite the research and development of +medical countermeasures, as applicable. + (d) Protection of National Security.--The Comptroller General of +the United States shall conduct the study and issue the assessment and +report under this section in a manner that does not compromise national +security. + +SEC. 605. REVIEW OF THE BENEFITS OF GENOMIC ENGINEERING TECHNOLOGIES + AND THEIR POTENTIAL ROLE IN NATIONAL SECURITY. + + (a) Meeting.-- + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the Secretary of Health and Human + Services (referred to in this section as the ``Secretary'') + shall convene a meeting to discuss the potential role + advancements in genomic engineering technologies (including + genome editing technologies) may have in advancing national + health security. Such meeting shall be held in a manner that + does not compromise national security. + (2) Attendees.--The attendees of the meeting under + paragraph (1)-- + (A) shall include-- + (i) representatives from the Office of the + Assistant Secretary for Preparedness and + Response, the National Institutes of Health, + the Centers for Disease Control and Prevention, + and the Food and Drug Administration; and + (ii) representatives from academic, + private, and nonprofit entities with expertise + in genome engineering technologies, + biopharmaceuticals, medicine, or biodefense, + and other relevant stakeholders; and + (B) may include-- + (i) other representatives from the + Department of Health and Human Services, as the + Secretary determines appropriate; and + (ii) representatives from the Department of + Homeland Security, the Department of Defense, + the Department of Agriculture, and other + departments, as the Secretary may request for + the meeting. + (3) Topics.--The meeting under paragraph (1) shall include + a discussion of-- + (A) the current state of the science of genomic + engineering technologies related to national health + security, including-- + (i) medical countermeasure development, + including potential efficiencies in the + development pathway and detection technologies; + and + (ii) the international and domestic + regulation of products utilizing genome editing + technologies; and + (B) national security implications, including-- + (i) capabilities of the United States to + leverage genomic engineering technologies as a + part of the medical countermeasure enterprise, + including current applicable research, + development, and application efforts underway + within the Department of Defense; + (ii) the potential for state and non-state + actors to utilize genomic engineering + technologies as a national health security + threat; and + (iii) security measures to monitor and + assess the potential threat that may result + from utilization of genomic engineering + technologies and related technologies for the + purpose of compromising national health + security. + (b) Report.--Not later than 270 days after the meeting described in +subsection (a) is held, the Assistant Secretary for Preparedness and +Response shall issue a report to the congressional committees of +jurisdiction on the topics discussed at such meeting, and provide +recommendations, as applicable, to utilize innovations in genomic +engineering (including genome editing) and related technologies as a +part of preparedness and response activities to advance national health +security. Such report shall be issued in a manner that does not +compromise national security. + +SEC. 606. REPORT ON VACCINES DEVELOPMENT. + + Not later than one year after the date of the enactment of this +Act, the Secretary of Health and Human Services shall submit to the +Committee on Health, Education, Labor, and Pensions of the Senate and +the Committee on Energy and Commerce of the House of Representatives a +report describing efforts and activities to coordinate with other +countries and international partners during recent public health +emergencies with respect to the research and advanced research on, and +development of, qualified pandemic or epidemic products (as defined in +section 319F-3 of the Public Health Service Act (42 U.S.C. 247d-6d)). +Such report may include information regarding relevant work carried out +under section 319L(c)(5)(E) of the Public Health Service Act (42 U.S.C. +247d-7e(c)(5)(E)), through public-private partnerships, and through +collaborations with other countries to assist with or expedite the +research and development of qualified pandemic or epidemic products. +Such report shall not include information that may compromise national +security. + +SEC. 607. STRENGTHENING MOSQUITO ABATEMENT FOR SAFETY AND HEALTH. + + (a) Reauthorization of Mosquito Abatement for Safety and Health +Program.--Section 317S (42 U.S.C. 247b-21) is amended-- + (1) in subsection (a)(1)(B)-- + (A) by inserting ``including programs to address + emerging infectious mosquito-borne diseases,'' after + ``subdivisions for control programs,''; and + (B) by inserting ``or improving existing control + programs'' before the period at the end; + (2) in subsection (b)-- + (A) in paragraph (1), by inserting ``, including + improvement,'' after ``operation''; + (B) in paragraph (2)-- + (i) in subparagraph (A)-- + (I) in clause (ii), by striking + ``or'' at the end; + (II) in clause (iii), by striking + the semicolon at the end and inserting + ``, including an emerging infectious + mosquito-borne disease that presents a + serious public health threat; or''; and + (III) by adding at the end the + following: + ``(iv) a public health emergency due to the + incidence or prevalence of a mosquito-borne + disease that presents a serious public health + threat;''; and + (ii) by amending subparagraph (D) to read + as follows: + ``(D)(i) is located in a State that has received a + grant under subsection (a); or + ``(ii) that demonstrates to the Secretary that the + control program is consistent with existing State + mosquito control plans or policies, or other applicable + State preparedness plans.''; + (C) in paragraph (4)(C), by striking ``that + extraordinary'' and all that follows through the period + at the end and inserting the following: ``that-- + ``(i) extraordinary economic conditions in + the political subdivision or consortium of + political subdivisions involved justify the + waiver; or + ``(ii) the geographical area covered by a + political subdivision or consortium for a grant + under paragraph (1) has an extreme mosquito + control need due to-- + ``(I) the size or density of the + potentially impacted human population; + ``(II) the size or density of a + mosquito population that requires + heightened control; or + ``(III) the severity of the + mosquito-borne disease, such that + expected serious adverse health + outcomes for the human population + justify the waiver.''; and + (D) by amending paragraph (6) to read as follows: + ``(6) Number of grants.--A political subdivision or a + consortium of political subdivisions may not receive more than + one grant under paragraph (1).''; and + (3) in subsection (f)-- + (A) in paragraph (1) by striking ``for fiscal year + 2003, and such sums as may be necessary for each of + fiscal years 2004 through 2007'' and inserting ``for + each of fiscal years 2019 through 2023''; + (B) in paragraph (2), by striking ``the Public + Health Security and Bioterrorism Preparedness and + Response Act of 2002'' and inserting ``this Act and + other medical and public health preparedness and + response laws''; and + (C) in paragraph (3)-- + (i) in the paragraph heading, by striking + ``2004'' and inserting ``2019''; and + (ii) by striking ``2004,'' and inserting + ``2019,''. + (b) Epidemiology-Laboratory Capacity Grants.--Section 2821 (42 +U.S.C. 300hh-31) is amended-- + (1) in subsection (a)(1), by inserting ``, including + mosquito and other vector-borne diseases,'' after ``infectious + diseases''; and + (2) in subsection (b), by striking ``2010 through 2013'' + and inserting ``2019 through 2023''. + + TITLE VII--MISCELLANEOUS PROVISIONS + +SEC. 701. REAUTHORIZATIONS AND EXTENSIONS. + + (a) Veterans Affairs.--Section 8117(g) of title 38, United States +Code, is amended by striking ``2014 through 2018'' and inserting ``2019 +through 2023''. + (b) Vaccine Tracking and Distribution.--Section 319A(e) (42 U.S.C. +247d-1(e)) is amended by striking ``2014 through 2018'' and inserting +``2019 through 2023''. + (c) Temporary Reassignment.--Section 319(e)(8) (42 U.S.C. +247d(e)(8)) is amended by striking ``2018'' and inserting ``2023''. + (d) Strategic Innovation Partner.--Section 319L(c)(4)(E)(ix) (42 +U.S.C. 247d-7e(c)(4)(E)(ix)) is amended by striking ``2022'' and +inserting ``2023''. + (e) Limited Antitrust Exemption.-- + (1) In general.--Section 405 of the Pandemic and All- + Hazards Preparedness Act (Public Law 109-417; 42 U.S.C. 247d-6a + note) is amended-- + (A) in subsection (a)(1)(A)-- + (i) by striking ``Secretary of Health and + Human Services (referred to in this subsection + as the `Secretary')'' and inserting + ``Secretary''; + (ii) by striking ``of the Public Health + Service Act (42 U.S.C. 247d-6b)) (as amended by + this Act''; + (iii) by striking ``of the Public Health + Service Act (42 U.S.C. 247d-6a)) (as amended by + this Act''; and + (iv) by striking ``of the Public Health + Service Act (42 U.S.C. 247d-6d)''; + (B) in subsection (b), by striking ``12-year'' and + inserting ``17-year''; + (C) by redesignating such section 405 as section + 319L-1; and + (D) by transferring such section 319L-1, as + redesignated, to the Public Health Service Act (42 + U.S.C. 201 et seq.), to appear after section 319L of + such Act (42 U.S.C. 247d-7e). + (2) Conforming amendments.-- + (A) Table of contents.--The table of contents in + section 1(b) of the Pandemic and All-Hazards + Preparedness Act (Public Law 109-417) is amended by + striking the item related to section 405. + (B) Reference.--Section 319L(c)(4)(A)(iii) (42 + U.S.C. 247d-7e) is amended by striking ``section 405 of + the Pandemic and All-Hazards Preparedness Act'' and + inserting ``section 319L-1''. + (f) Inapplicability of Certain Provisions.--Subsection (e)(1) of +section 319L (42 U.S.C. 247d-7e(e)(1)) is amended-- + (1) by amending subparagraph (A) to read as follows: + ``(A) Nondisclosure of information.-- + ``(i) In general.--Information described in + clause (ii) shall be deemed to be information + described in section 552(b)(3) of title 5, + United States Code. + ``(ii) Information described.--The + information described in this clause is + information relevant to programs of the + Department of Health and Human Services that + could compromise national security and reveal + significant and not otherwise publicly known + vulnerabilities of existing medical or public + health defenses against chemical, biological, + radiological, or nuclear threats, and is + comprised of-- + ``(I) specific technical data or + scientific information that is created + or obtained during the countermeasure + and product advanced research and + development carried out under + subsection (c); + ``(II) information pertaining to + the location security, personnel, and + research materials and methods of high- + containment laboratories conducting + research with select agents, toxins, or + other agents with a material threat + determination under section 319F- + 2(c)(2); or + ``(III) security and vulnerability + assessments.''; + (2) by redesignating subparagraph (C) as subparagraph (D); + (3) by inserting after subparagraph (B) the following: + ``(C) Reporting.--One year after the date of + enactment of the Pandemic and All-Hazards Preparedness + and Advancing Innovation Act of 2019, and annually + thereafter, the Secretary shall report to the Committee + on Health, Education, Labor, and Pensions of the Senate + and the Committee on Energy and Commerce of the House + of Representatives on the number of instances in which + the Secretary has used the authority under this + subsection to withhold information from disclosure, as + well as the nature of any request under section 552 of + title 5, United States Code that was denied using such + authority.''; and + (4) in subparagraph (D), as so redesignated, by striking + ``12'' and inserting ``17''. + +SEC. 702. LOCATION OF MATERIALS IN THE STOCKPILE. + + Subsection (d) of section 319F-2 (42 U.S.C. 247d-6b) is amended to +read as follows: + ``(d) Disclosures.--No Federal agency may disclose under section +552 of title 5, United States Code any information identifying the +location at which materials in the stockpile described in subsection +(a) are stored, or other information regarding the contents or +deployment capability of the stockpile that could compromise national +security.''. + +SEC. 703. CYBERSECURITY. + + (a) Strategy for Public Health Preparedness and Response to +Cybersecurity Threats.-- + (1) Strategy.--Not later than 18 months after the date of + enactment of this Act, the Secretary of Health and Human + Services (referred to in this section as the ``Secretary'') + shall prepare and submit to the relevant committees of Congress + a strategy for public health preparedness and response to + address cybersecurity threats (as defined in section 102 of + Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)) + that present a threat to national health security. Such + strategy shall include-- + (A) identifying the duties, functions, and + preparedness goals for which the Secretary is + responsible in order to prepare for and respond to such + cybersecurity threats, including metrics by which to + measure success in meeting preparedness goals; + (B) identifying gaps in public health capabilities + to achieve such preparedness goals; and + (C) strategies to address identified gaps and + strengthen public health emergency preparedness and + response capabilities to address such cybersecurity + threats. + (2) Protection of national security.--The Secretary shall + make such strategy available to the Committee on Health, + Education, Labor, and Pensions of the Senate, the Committee on + Energy and Commerce of the House of Representatives, and other + congressional committees of jurisdiction, in a manner that does + not compromise national security. + (b) Coordination of Preparedness for and Response to All-Hazards +Public Health Emergencies.--Subparagraph (D) of section 2811(b)(4) (42 +U.S.C. 300hh-10(b)(4)) is amended to read as follows: + ``(D) Policy coordination and strategic + direction.--Provide integrated policy coordination and + strategic direction, before, during, and following + public health emergencies, with respect to all matters + related to Federal public health and medical + preparedness and execution and deployment of the + Federal response for public health emergencies and + incidents covered by the National Response Plan + described in section 504(a)(6) of the Homeland Security + Act of 2002 (6 U.S.C. 314(a)(6)), or any successor + plan; and such Federal responses covered by the + National Cybersecurity Incident Response Plan developed + under section 228(c) of the Homeland Security Act of + 2002 (6 U.S.C. 149(c)), including public health + emergencies or incidents related to cybersecurity + threats that present a threat to national health + security.''. + +SEC. 704. STRATEGY AND REPORT. + + Not later than 14 days after the date of the enactment of this Act, +the Secretary of Health and Human Services, in coordination with the +Assistant Secretary for Preparedness and Response and the Assistant +Secretary for the Administration on Children and Families or other +appropriate office, and in collaboration with other departments, as +appropriate, shall submit to the Committee on Energy and Commerce of +the House of Representatives, the Committee on Health, Education, +Labor, and Pensions of the Senate, and other relevant congressional +committees-- + (1) a formal strategy, including interdepartmental actions + and efforts to reunify children with their parents or + guardians, in all cases in which such children have been + separated from their parents or guardians as a result of the + initiative announced on April 6, 2018, and due to prosecution + under section 275(a) of the Immigration and Nationality Act (8 + U.S.C. 1325(a)), if the parent or guardian chooses such + reunification and the child-- + (A) was separated from a parent or guardian and + placed into a facility funded by the Department of + Health and Human Services; + (B) as of the date of the enactment of this Act, + remains in the care of the Department of Health and + Human Services; and + (C) can be safely reunited with such parent or + guardian; and + (2) a report on challenges and deficiencies related to the + oversight of, and care for, unaccompanied alien children and + appropriately reuniting such children with their parents or + guardians, and the actions taken to address any challenges and + deficiencies related to unaccompanied alien children in the + custody of the Department of Health and Human Services, + including deficiencies identified and publicly reported by + Congress, the Government Accountability Office, or the + inspectors general of the Department of Health and Human + Services or other Federal departments. + +SEC. 705. TECHNICAL AMENDMENTS. + + (a) Public Health Service Act.--Title III (42 U.S.C. 241 et seq.) +is amended-- + (1) in paragraphs (1) and (5) of section 319F-1(a) (42 + U.S.C. 247d-6a(a)), by striking ``section 319F(h)'' each place + such term appears and inserting ``section 319F(e)''; and + (2) in section 319K(a) (42 U.S.C. 247d-7d(a)), by striking + ``section 319F(h)(4)'' and inserting ``section 319F(e)(4)''. + (b) Public Health Security Grants.--Section 319C-1(b)(2) (42 U.S.C. +247d-3a(b)(2)) is amended-- + (1) in subparagraph (C), by striking ``individuals,,'' and + inserting ``individuals,''; and + (2) in subparagraph (F), by striking ``make satisfactory + annual improvement and describe'' and inserting ``makes + satisfactory annual improvement and describes''. + (c) Emergency Use Instructions.--Subparagraph (A) of section +564A(e)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. +360bbb-3a(e)(2)) is amended by striking ``subsection (a)(1)(C)(i)'' and +inserting ``subsection (a)(1)(C)''. + (d) Products Held for Emergency Use.--Section 564B(2) of the +Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3b) is amended-- + (1) in subparagraph (B), by inserting a comma after + ``505''; and + (2) in subparagraph (C), by inserting ``or section 564A'' + before the period at the end. + (e) Transparency.--Section 507(c)(3) of the Federal Food, Drug, and +Cosmetic Act (21 U.S.C. 357(c)(3)) is amended-- + (1) by striking ``Nothing in'' and inserting the following: + ``(A) In general.--Nothing in''; + (2) by inserting ``or directing'' after ``authorizing''; + (3) by striking ``disclose any'' and inserting ``disclose-- + ``(i) any''; + (4) by striking the period and inserting ``; or''; and + (5) by adding at the end the following: + ``(ii) in the case of a drug development + tool that may be used to support the + development of a qualified countermeasure, + security countermeasure, or qualified pandemic + or epidemic product, as defined in sections + 319F-1, 319F-2, and 319F-3, respectively, of + the Public Health Service Act, any information + that the Secretary determines has a significant + potential to affect national security. + ``(B) Public acknowledgment.--In the case that the + Secretary, pursuant to subparagraph (A)(ii), does not + make information publicly available, the Secretary + shall provide on the internet website of the Food and + Drug Administration an acknowledgment of the + information that has not been disclosed, pursuant to + subparagraph (A)(ii).''. + \ No newline at end of file From 807559b727fbb45877a1a329762035254495ad0f Mon Sep 17 00:00:00 2001 From: "Sen. Burr, Richard [R-NC]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 817/984] Senate-1379: Engrossed in Senate --- bills_text/Senate-1379.txt | 40 ++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 19 deletions(-) diff --git a/bills_text/Senate-1379.txt b/bills_text/Senate-1379.txt index b07aaae..ac8348e 100644 --- a/bills_text/Senate-1379.txt +++ b/bills_text/Senate-1379.txt @@ -2,26 +2,9 @@ 1st Session S. 1379 -To reauthorize certain programs under the Public Health Service Act and -the Federal Food, Drug, and Cosmetic Act with respect to public health - security and all-hazards preparedness and response, and for other - purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - May 8, 2019 - - Mr. Burr (for himself, Mr. Casey, Mr. Alexander, and Mrs. Murray) -introduced the following bill; which was read twice and referred to the - Committee on Health, Education, Labor, and Pensions - _______________________________________________________________________ - A BILL + AN ACT @@ -3663,4 +3646,23 @@ Cosmetic Act (21 U.S.C. 357(c)(3)) is amended-- Drug Administration an acknowledgment of the information that has not been disclosed, pursuant to subparagraph (A)(ii).''. - \ No newline at end of file + + Passed the Senate May 16, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1379 + +_______________________________________________________________________ + + AN ACT + +To reauthorize certain programs under the Public Health Service Act and +the Federal Food, Drug, and Cosmetic Act with respect to public health + security and all-hazards preparedness and response, and for other + purposes. From 93b5776a326f463dbcb822afc5dca87ac61b325e Mon Sep 17 00:00:00 2001 From: "Sen. Burr, Richard [R-NC]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 818/984] Senate-1379: Enrolled --- bills_text/Senate-1379.txt | 5622 +++++++++++++++++------------------- 1 file changed, 2602 insertions(+), 3020 deletions(-) diff --git a/bills_text/Senate-1379.txt b/bills_text/Senate-1379.txt index ac8348e..765bfc6 100644 --- a/bills_text/Senate-1379.txt +++ b/bills_text/Senate-1379.txt @@ -1,23 +1,30 @@ -116th CONGRESS - 1st Session - S. 1379 + S.1379 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To reauthorize certain programs under the Public Health Service Act and -the Federal Food, Drug, and Cosmetic Act with respect to public health + the Federal Food, Drug, and Cosmetic Act with respect to public health security and all-hazards preparedness and response, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``Pandemic and All- Hazards Preparedness and Advancing Innovation Act of 2019''. (b) Table of Contents.--The table of contents for this Act is as @@ -25,78 +32,81 @@ follows: Sec. 1. Short title; table of contents. Sec. 2. References in Act. + TITLE I--STRENGTHENING THE NATIONAL HEALTH SECURITY STRATEGY Sec. 101. National Health Security Strategy. - TITLE II--IMPROVING PREPAREDNESS AND RESPONSE + + TITLE II--IMPROVING PREPAREDNESS AND RESPONSE Sec. 201. Improving benchmarks and standards for preparedness and - response. + response. Sec. 202. Amendments to preparedness and response programs. Sec. 203. Regional health care emergency preparedness and response - systems. + systems. Sec. 204. Military and civilian partnership for trauma readiness. -Sec. 205. Public health and health care system situational awareness - and biosurveillance capabilities. -Sec. 206. Strengthening and supporting the public health emergency - rapid response fund. +Sec. 205. Public health and health care system situational awareness and + biosurveillance capabilities. +Sec. 206. Strengthening and supporting the public health emergency rapid + response fund. Sec. 207. Improving all-hazards preparedness and response by public - health emergency volunteers. + health emergency volunteers. Sec. 208. Clarifying State liability law for volunteer health care - professionals. + professionals. Sec. 209. Report on adequate national blood supply. Sec. 210. Report on the public health preparedness and response - capabilities and capacities of hospitals, - long-term care facilities, and other health - care facilities. - TITLE III--REACHING ALL COMMUNITIES + capabilities and capacities of hospitals, long-term care + facilities, and other health care facilities. + + TITLE III--REACHING ALL COMMUNITIES Sec. 301. Strengthening and assessing the emergency response workforce. Sec. 302. Health system infrastructure to improve preparedness and - response. + response. Sec. 303. Considerations for at-risk individuals. Sec. 304. Improving emergency preparedness and response considerations - for children. + for children. Sec. 305. National advisory committees on disasters. Sec. 306. Guidance for participation in exercises and drills. + TITLE IV--PRIORITIZING A THREAT-BASED APPROACH Sec. 401. Assistant Secretary for Preparedness and Response. Sec. 402. Public Health Emergency Medical Countermeasures Enterprise. Sec. 403. Strategic National Stockpile. Sec. 404. Preparing for pandemic influenza, antimicrobial resistance, - and other significant threats. + and other significant threats. Sec. 405. Reporting on the Federal Select Agent Program. - TITLE V--INCREASING COMMUNICATION IN MEDICAL COUNTERMEASURE ADVANCED + + TITLE V--INCREASING COMMUNICATION IN MEDICAL COUNTERMEASURE ADVANCED RESEARCH AND DEVELOPMENT Sec. 501. Medical countermeasure budget plan. Sec. 502. Material threat and medical countermeasure notifications. Sec. 503. Availability of regulatory management plans. -Sec. 504. The Biomedical Advanced Research and Development Authority - and the BioShield Special Reserve Fund. +Sec. 504. The Biomedical Advanced Research and Development Authority and + the BioShield Special Reserve Fund. Sec. 505. Additional strategies for combating antibiotic resistance. + TITLE VI--ADVANCING TECHNOLOGIES FOR MEDICAL COUNTERMEASURES Sec. 601. Administration of countermeasures. Sec. 602. Updating definitions of other transactions. Sec. 603. Medical countermeasure master files. Sec. 604. Animal rule report. -Sec. 605. Review of the benefits of genomic engineering technologies - and their potential role in national - security. +Sec. 605. Review of the benefits of genomic engineering technologies and + their potential role in national security. Sec. 606. Report on vaccines development. Sec. 607. Strengthening mosquito abatement for safety and health. - TITLE VII--MISCELLANEOUS PROVISIONS + + TITLE VII--MISCELLANEOUS PROVISIONS Sec. 701. Reauthorizations and extensions. Sec. 702. Location of materials in the stockpile. Sec. 703. Cybersecurity. Sec. 704. Strategy and report. Sec. 705. Technical amendments. - SEC. 2. REFERENCES IN ACT. - Except as otherwise specified, amendments made by this Act to a section or other provision of law are amendments to such section or other provision of the Public Health Service Act (42 U.S.C. 201 et @@ -104,253 +114,220 @@ seq.). TITLE I--STRENGTHENING THE NATIONAL HEALTH SECURITY STRATEGY -SEC. 101. NATIONAL HEALTH SECURITY STRATEGY. - + SEC. 101. NATIONAL HEALTH SECURITY STRATEGY. Section 2802 (42 U.S.C. 300hh-1) is amended-- - (1) in subsection (a)-- - (A) in paragraph (1)-- - (i) by striking ``2014'' and inserting - ``2018''; and - (ii) by striking the second sentence and - inserting the following: ``Such National Health - Security Strategy shall describe potential - emergency health security threats and identify - the process for achieving the preparedness - goals described in subsection (b) to be - prepared to identify and respond to such - threats and shall be consistent with the - national preparedness goal (as described in - section 504(a)(19) of the Homeland Security Act - of 2002), the National Incident Management - System (as defined in section 501(7) of such - Act), and the National Response Plan developed - pursuant to section 504 of such Act, or any - successor plan.''; - (B) in paragraph (2), by inserting before the - period at the end of the second sentence the following: - ``, and an analysis of any changes to the evidence- - based benchmarks and objective standards under sections - 319C-1 and 319C-2''; and - (C) in paragraph (3)-- - (i) by striking ``2009'' and inserting - ``2022''; - (ii) by inserting ``(including gaps in the - environmental health and animal health - workforces, as applicable), describing the - status of such workforce'' after ``gaps in such - workforce''; - (iii) by striking ``and identifying - strategies'' and inserting ``identifying - strategies''; and - (iv) by inserting before the period at the - end ``, and identifying current capabilities to - meet the requirements of section 2803''; and - (2) in subsection (b)-- - (A) in paragraph (2)-- - (i) in subparagraph (A), by striking ``and - investigation'' and inserting ``investigation, - and related information technology - activities''; - (ii) in subparagraph (B), by striking ``and - decontamination'' and inserting - ``decontamination, relevant health care - services and supplies, and transportation and - disposal of medical waste''; and - (iii) by adding at the end the following: - ``(E) Response to environmental hazards.''; - (B) in paragraph (3)-- - (i) in the matter preceding subparagraph - (A), by striking ``including mental health'' - and inserting ``including pharmacies, mental - health facilities,''; and - (ii) in subparagraph (F), by inserting ``or - exposures to agents that could cause a public - health emergency'' before the period; - (C) in paragraph (5), by inserting ``and other - applicable compacts'' after ``Compact''; and - (D) by adding at the end the following: - ``(9) Zoonotic disease, food, and agriculture.--Improving - coordination among Federal, State, local, Tribal, and - territorial entities (including through consultation with the - Secretary of Agriculture) to prevent, detect, and respond to - outbreaks of plant or animal disease (including zoonotic - disease) that could compromise national security resulting from - a deliberate attack, a naturally occurring threat, the - intentional adulteration of food, or other public health - threats, taking into account interactions between animal - health, human health, and animals' and humans' shared - environment as directly related to public health emergency - preparedness and response capabilities, as applicable. - ``(10) Global health security.--Assessing current or - potential health security threats from abroad to inform - domestic public health preparedness and response - capabilities.''. + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by striking ``2014'' and inserting ``2018''; and + (ii) by striking the second sentence and inserting the + following: ``Such National Health Security Strategy shall + describe potential emergency health security threats and + identify the process for achieving the preparedness goals + described in subsection (b) to be prepared to identify and + respond to such threats and shall be consistent with the + national preparedness goal (as described in section + 504(a)(19) of the Homeland Security Act of 2002), the + National Incident Management System (as defined in section + 501(7) of such Act), and the National Response Plan + developed pursuant to section 504 of such Act, or any + successor plan.''; + (B) in paragraph (2), by inserting before the period at the + end of the second sentence the following: ``, and an analysis + of any changes to the evidence-based benchmarks and objective + standards under sections 319C-1 and 319C-2''; and + (C) in paragraph (3)-- + (i) by striking ``2009'' and inserting ``2022''; + (ii) by inserting ``(including gaps in the + environmental health and animal health workforces, as + applicable), describing the status of such workforce'' + after ``gaps in such workforce''; + (iii) by striking ``and identifying strategies'' and + inserting ``identifying strategies''; and + (iv) by inserting before the period at the end ``, and + identifying current capabilities to meet the requirements + of section 2803''; and + (2) in subsection (b)-- + (A) in paragraph (2)-- + (i) in subparagraph (A), by striking ``and + investigation'' and inserting ``investigation, and related + information technology activities''; + (ii) in subparagraph (B), by striking ``and + decontamination'' and inserting ``decontamination, relevant + health care services and supplies, and transportation and + disposal of medical waste''; and + (iii) by adding at the end the following: + ``(E) Response to environmental hazards.''; + (B) in paragraph (3)-- + (i) in the matter preceding subparagraph (A), by + striking ``including mental health'' and inserting + ``including pharmacies, mental health facilities,''; and + (ii) in subparagraph (F), by inserting ``or exposures + to agents that could cause a public health emergency'' + before the period; + (C) in paragraph (5), by inserting ``and other applicable + compacts'' after ``Compact''; and + (D) by adding at the end the following: + ``(9) Zoonotic disease, food, and agriculture.--Improving + coordination among Federal, State, local, Tribal, and territorial + entities (including through consultation with the Secretary of + Agriculture) to prevent, detect, and respond to outbreaks of plant + or animal disease (including zoonotic disease) that could + compromise national security resulting from a deliberate attack, a + naturally occurring threat, the intentional adulteration of food, + or other public health threats, taking into account interactions + between animal health, human health, and animals' and humans' + shared environment as directly related to public health emergency + preparedness and response capabilities, as applicable. + ``(10) Global health security.--Assessing current or potential + health security threats from abroad to inform domestic public + health preparedness and response capabilities.''. TITLE II--IMPROVING PREPAREDNESS AND RESPONSE -SEC. 201. IMPROVING BENCHMARKS AND STANDARDS FOR PREPAREDNESS AND - RESPONSE. - + SEC. 201. IMPROVING BENCHMARKS AND STANDARDS FOR PREPAREDNESS AND + RESPONSE. (a) Evaluating Measurable Evidence-Based Benchmarks and Objective Standards.--Section 319C-1 (42 U.S.C. 247d-3a) is amended by inserting after subsection (j) the following: ``(k) Evaluation.-- - ``(1) In general.--Not later than 2 years after the date of - enactment of the Pandemic and All-Hazards Preparedness and - Advancing Innovation Act of 2019 and every 2 years thereafter, - the Secretary shall conduct an evaluation of the evidence-based - benchmarks and objective standards required under subsection - (g). Such evaluation shall be submitted to the congressional - committees of jurisdiction together with the National Health - Security Strategy under section 2802, at such time as such - strategy is submitted. - ``(2) Content.--The evaluation under this paragraph shall - include-- - ``(A) a review of evidence-based benchmarks and - objective standards, and associated metrics and - targets; - ``(B) a discussion of changes to any evidence-based - benchmarks and objective standards, and the effect of - such changes on the ability to track whether entities - are meeting or making progress toward the goals under - this section and, to the extent practicable, the - applicable goals of the National Health Security - Strategy under section 2802; - ``(C) a description of amounts received by eligible - entities described in subsection (b) and section 319C- - 2(b), and amounts received by subrecipients and the - effect of such funding on meeting evidence-based - benchmarks and objective standards; and - ``(D) recommendations, as applicable and - appropriate, to improve evidence-based benchmarks and - objective standards to more accurately assess the - ability of entities receiving awards under this section - to better achieve the goals under this section and - section 2802.''. + ``(1) In general.--Not later than 2 years after the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019 and every 2 years thereafter, the + Secretary shall conduct an evaluation of the evidence-based + benchmarks and objective standards required under subsection (g). + Such evaluation shall be submitted to the congressional committees + of jurisdiction together with the National Health Security Strategy + under section 2802, at such time as such strategy is submitted. + ``(2) Content.--The evaluation under this paragraph shall + include-- + ``(A) a review of evidence-based benchmarks and objective + standards, and associated metrics and targets; + ``(B) a discussion of changes to any evidence-based + benchmarks and objective standards, and the effect of such + changes on the ability to track whether entities are meeting or + making progress toward the goals under this section and, to the + extent practicable, the applicable goals of the National Health + Security Strategy under section 2802; + ``(C) a description of amounts received by eligible + entities described in subsection (b) and section 319C-2(b), and + amounts received by subrecipients and the effect of such + funding on meeting evidence-based benchmarks and objective + standards; and + ``(D) recommendations, as applicable and appropriate, to + improve evidence-based benchmarks and objective standards to + more accurately assess the ability of entities receiving awards + under this section to better achieve the goals under this + section and section 2802.''. (b) Evaluating the Partnership for State and Regional Hospital Preparedness.--Section 319C-2(i)(1) (42 U.S.C. 247-3b(i)(1)) is amended by striking ``section 319C-1(g), (i), and (j)'' and inserting ``section 319C-1(g), (i), (j), and (k)''. - -SEC. 202. AMENDMENTS TO PREPAREDNESS AND RESPONSE PROGRAMS. - + SEC. 202. AMENDMENTS TO PREPAREDNESS AND RESPONSE PROGRAMS. (a) Cooperative Agreement Applications for Improving State and Local Public Health Security.--Section 319C-1 (42 U.S.C. 247d-3a) is amended-- - (1) in subsection (a), by inserting ``, acting through the - Director of the Centers for Disease Control and Prevention,'' - after ``the Secretary''; and - (2) in subsection (b)(2)(A)-- - (A) in clause (vi), by inserting ``, including - public health agencies with specific expertise that may - be relevant to public health security, such as - environmental health agencies,'' after - ``stakeholders''; - (B) by redesignating clauses (vii) through (ix) as - clauses (viii) through (x); - (C) by inserting after clause (vi) the following: - ``(vii) a description of how, as - applicable, such entity may integrate - information to account for individuals with - behavioral health needs following a public - health emergency;''; - (D) in clause (ix), as so redesignated, by striking - ``; and'' and inserting a semicolon; and - (E) by adding at the end the following: - ``(xi) a description of how the entity will - partner with health care facilities, including - hospitals and nursing homes and other long-term - care facilities, to promote and improve public - health preparedness and response; and - ``(xii) a description of how, as - appropriate and practicable, the entity will - include critical infrastructure partners, such - as utility companies within the entity's - jurisdiction, in planning pursuant to this - subparagraph to help ensure that critical - infrastructure will remain functioning during, - or return to function as soon as practicable - after, a public health emergency;''. + (1) in subsection (a), by inserting ``, acting through the + Director of the Centers for Disease Control and Prevention,'' after + ``the Secretary''; and + (2) in subsection (b)(2)(A)-- + (A) in clause (vi), by inserting ``, including public + health agencies with specific expertise that may be relevant to + public health security, such as environmental health + agencies,'' after ``stakeholders''; + (B) by redesignating clauses (vii) through (ix) as clauses + (viii) through (x); + (C) by inserting after clause (vi) the following: + ``(vii) a description of how, as applicable, such + entity may integrate information to account for individuals + with behavioral health needs following a public health + emergency;''; + (D) in clause (ix), as so redesignated, by striking ``; + and'' and inserting a semicolon; and + (E) by adding at the end the following: + ``(xi) a description of how the entity will partner + with health care facilities, including hospitals and + nursing homes and other long-term care facilities, to + promote and improve public health preparedness and + response; and + ``(xii) a description of how, as appropriate and + practicable, the entity will include critical + infrastructure partners, such as utility companies within + the entity's jurisdiction, in planning pursuant to this + subparagraph to help ensure that critical infrastructure + will remain functioning during, or return to function as + soon as practicable after, a public health emergency;''. (b) Exception Relating to Application of Certain Requirements.-- - (1) In general.--Section 319C-1(g) (42 U.S.C. 247d-3a(g)) - is amended-- - (A) in paragraph (5)-- - (i) in the matter preceding subparagraph - (A), by striking ``Beginning with fiscal year - 2009'' and inserting ``Beginning with fiscal - year 2019''; and - (ii) in subparagraph (A)-- - (I) by striking ``for the - immediately preceding fiscal year'' and - inserting ``for either of the 2 - immediately preceding fiscal years''; - and - (II) by striking ``2008'' and - inserting ``2018''; and - (B) in paragraph (6), by amending subparagraph (A) - to read as follows: - ``(A) In general.--The amounts described in this - paragraph are the following amounts that are payable to - an entity for activities described in this section or - section 319C-2: - ``(i) For no more than one of each of the - first 2 fiscal years immediately following a - fiscal year in which an entity experienced a - failure described in subparagraph (A) or (B) of - paragraph (5), an amount equal to 10 percent of - the amount the entity was eligible to receive - for the respective fiscal year. - ``(ii) For no more than one of the first 2 - fiscal years immediately following the third - consecutive fiscal year in which an entity - experienced such a failure, in lieu of applying - clause (i), an amount equal to 15 percent of - the amount the entity was eligible to receive - for the respective fiscal year.''. - (2) Effective date.--The amendments made by paragraph (1) - shall apply with respect to cooperative agreements awarded on - or after the date of enactment of this Act. + (1) In general.--Section 319C-1(g) (42 U.S.C. 247d-3a(g)) is + amended-- + (A) in paragraph (5)-- + (i) in the matter preceding subparagraph (A), by + striking ``Beginning with fiscal year 2009'' and inserting + ``Beginning with fiscal year 2019''; and + (ii) in subparagraph (A)-- + + (I) by striking ``for the immediately preceding + fiscal year'' and inserting ``for either of the 2 + immediately preceding fiscal years''; and + (II) by striking ``2008'' and inserting ``2018''; + and + + (B) in paragraph (6), by amending subparagraph (A) to read + as follows: + ``(A) In general.--The amounts described in this paragraph + are the following amounts that are payable to an entity for + activities described in this section or section 319C-2: + ``(i) For no more than one of each of the first 2 + fiscal years immediately following a fiscal year in which + an entity experienced a failure described in subparagraph + (A) or (B) of paragraph (5), an amount equal to 10 percent + of the amount the entity was eligible to receive for the + respective fiscal year. + ``(ii) For no more than one of the first 2 fiscal years + immediately following the third consecutive fiscal year in + which an entity experienced such a failure, in lieu of + applying clause (i), an amount equal to 15 percent of the + amount the entity was eligible to receive for the + respective fiscal year.''. + (2) Effective date.--The amendments made by paragraph (1) shall + apply with respect to cooperative agreements awarded on or after + the date of enactment of this Act. (c) Partnership for State and Regional Hospital Preparedness To Improve Surge Capacity.--Section 319C-2 (42 U.S.C. 247d-3b) is amended-- - (1) in subsection (a)-- - (A) by inserting ``, acting through the Assistant - Secretary for Preparedness and Response,'' after ``The - Secretary''; and - (B) by striking ``preparedness for public health - emergencies'' and inserting ``preparedness for, and - response to, public health emergencies in accordance - with subsection (c)''; - (2) in subsection (b)(1)(A)-- - (A) by striking ``partnership consisting of'' and - inserting ``coalition that includes''; - (B) in clause (ii), by striking ``; and'' and - inserting a semicolon; and - (C) by adding at the end the following: - ``(iv) one or more emergency medical service - organizations or emergency management organizations; - and''; - (3) in subsection (d)-- - (A) in paragraph (1)(B), by striking - ``partnership'' each place it appears and inserting - ``coalition''; and - (B) in paragraph (2)(C), by striking ``medical - preparedness'' and inserting ``preparedness and - response''; - (4) in subsection (f), by striking ``partnership'' and - inserting ``coalition''; - (5) in subsection (g)(2)-- - (A) by striking ``Partnerships'' and inserting - ``Coalitions''; - (B) by striking ``partnerships'' and inserting - ``coalitions''; and - (C) by inserting ``and response'' after - ``preparedness''; and - (6) in subsection (i)(1)-- - (A) by striking ``An entity'' and inserting ``A - coalition''; and - (B) by striking ``such partnership'' and inserting - ``such coalition''. + (1) in subsection (a)-- + (A) by inserting ``, acting through the Assistant Secretary + for Preparedness and Response,'' after ``The Secretary''; and + (B) by striking ``preparedness for public health + emergencies'' and inserting ``preparedness for, and response + to, public health emergencies in accordance with subsection + (c)''; + (2) in subsection (b)(1)(A)-- + (A) by striking ``partnership consisting of'' and inserting + ``coalition that includes''; + (B) in clause (ii), by striking ``; and'' and inserting a + semicolon; and + (C) by adding at the end the following: + ``(iv) one or more emergency medical service organizations + or emergency management organizations; and''; + (3) in subsection (d)-- + (A) in paragraph (1)(B), by striking ``partnership'' each + place it appears and inserting ``coalition''; and + (B) in paragraph (2)(C), by striking ``medical + preparedness'' and inserting ``preparedness and response''; + (4) in subsection (f), by striking ``partnership'' and + inserting ``coalition''; + (5) in subsection (g)(2)-- + (A) by striking ``Partnerships'' and inserting + ``Coalitions''; + (B) by striking ``partnerships'' and inserting + ``coalitions''; and + (C) by inserting ``and response'' after ``preparedness''; + and + (6) in subsection (i)(1)-- + (A) by striking ``An entity'' and inserting ``A + coalition''; and + (B) by striking ``such partnership'' and inserting ``such + coalition''. (d) Public Health Security Grants Authorization of Appropriations.--Section 319C-1(h)(1)(A) (42 U.S.C. 247d-3a(h)(1)(A)) is amended by striking ``$641,900,000 for fiscal year 2014'' and all @@ -361,54 +338,42 @@ pursuant to paragraphs (4) and (5)).''. (e) Partnership for State and Regional Hospital Preparedness Authorization of Appropriations.--Section 319C-2(j) (42 U.S.C. 247d- 3b(j)) is amended-- - (1) by amending paragraph (1) to read as follows: - ``(1) In general.-- - ``(A) Authorization of appropriations.--For - purposes of carrying out this section and section 319C- - 3, in accordance with subparagraph (B), there is - authorized to be appropriated $385,000,000 for each of - fiscal years 2019 through 2023. - ``(B) Reservation of amounts for regional - systems.-- - ``(i) In general.--Subject to clause (ii), - of the amount appropriated under subparagraph - (A) for a fiscal year, the Secretary may - reserve up to 5 percent for the purpose of - carrying out section 319C-3. - ``(ii) Reservation contingent on continued - appropriations for this section.--If for fiscal - year 2019 or a subsequent fiscal year, the - amount appropriated under subparagraph (A) is - such that, after application of clause (i), the - amount remaining for the purpose of carrying - out this section would be less than the amount - available for such purpose for the previous - fiscal year, the amount that may be reserved - under clause (i) shall be reduced such that the - amount remaining for the purpose of carrying - out this section is not less than the amount - available for such purpose for the previous - fiscal year. - ``(iii) Sunset.--The authority to reserve - amounts under clause (i) shall expire on - September 30, 2023.''; - (2) in paragraph (2), by striking ``paragraph (1) for a - fiscal year'' and inserting ``paragraph (1)(A) for a fiscal - year and not reserved for the purpose described in paragraph - (1)(B)(i)''; and - (3) in paragraph (3)(A), by striking ``paragraph (1) and - not reserved under paragraph (2)'' and inserting ``paragraph - (1)(A) and not reserved under paragraph (1)(B)(i) or (2)''. - -SEC. 203. REGIONAL HEALTH CARE EMERGENCY PREPAREDNESS AND RESPONSE - SYSTEMS. - + (1) by amending paragraph (1) to read as follows: + ``(1) In general.-- + ``(A) Authorization of appropriations.--For purposes of + carrying out this section and section 319C-3, in accordance + with subparagraph (B), there is authorized to be appropriated + $385,000,000 for each of fiscal years 2019 through 2023. + ``(B) Reservation of amounts for regional systems.-- + ``(i) In general.--Subject to clause (ii), of the + amount appropriated under subparagraph (A) for a fiscal + year, the Secretary may reserve up to 5 percent for the + purpose of carrying out section 319C-3. + ``(ii) Reservation contingent on continued + appropriations for this section.--If for fiscal year 2019 + or a subsequent fiscal year, the amount appropriated under + subparagraph (A) is such that, after application of clause + (i), the amount remaining for the purpose of carrying out + this section would be less than the amount available for + such purpose for the previous fiscal year, the amount that + may be reserved under clause (i) shall be reduced such that + the amount remaining for the purpose of carrying out this + section is not less than the amount available for such + purpose for the previous fiscal year. + ``(iii) Sunset.--The authority to reserve amounts under + clause (i) shall expire on September 30, 2023.''; + (2) in paragraph (2), by striking ``paragraph (1) for a fiscal + year'' and inserting ``paragraph (1)(A) for a fiscal year and not + reserved for the purpose described in paragraph (1)(B)(i)''; and + (3) in paragraph (3)(A), by striking ``paragraph (1) and not + reserved under paragraph (2)'' and inserting ``paragraph (1)(A) and + not reserved under paragraph (1)(B)(i) or (2)''. + SEC. 203. REGIONAL HEALTH CARE EMERGENCY PREPAREDNESS AND RESPONSE + SYSTEMS. (a) In General.--Part B of title III (42 U.S.C. 243 et seq.) is amended by inserting after section 319C-2 the following: - ``SEC. 319C-3. GUIDELINES FOR REGIONAL HEALTH CARE EMERGENCY - PREPAREDNESS AND RESPONSE SYSTEMS. - +PREPAREDNESS AND RESPONSE SYSTEMS. ``(a) Purpose.--It is the purpose of this section to identify and provide guidelines for regional systems of hospitals, health care facilities, and other public and private sector entities, with varying @@ -428,94 +393,84 @@ Veterans Affairs, the heads of such other Federal agencies as the Secretary determines to be appropriate, and State, local, Tribal, and territorial public health officials, shall, not later than 2 years after the date of enactment of this section-- - ``(1) identify and develop a set of guidelines relating to - practices and protocols for all-hazards public health emergency - preparedness and response for hospitals and health care - facilities to provide appropriate patient care during, in - advance of, or immediately following, a public health - emergency, resulting from one or more chemical, biological, - radiological, or nuclear agents, including emerging infectious - diseases (which may include existing practices, such as trauma - care and medical surge capacity and capabilities), with respect - to-- - ``(A) a regional approach to identifying hospitals - and health care facilities based on varying - capabilities and capacity to treat patients affected by - such emergency, including-- - ``(i) the manner in which the system will - coordinate with and integrate the partnerships - and health care coalitions established under - section 319C-2(b); and - ``(ii) informing and educating appropriate - first responders and health care supply chain - partners of the regional emergency preparedness - and response capabilities and medical surge - capacity of such hospitals and health care - facilities in the community; - ``(B) physical and technological infrastructure, - laboratory capacity, staffing, blood supply, and other - supply chain needs, taking into account resiliency, - geographic considerations, and rural considerations; - ``(C) protocols or best practices for the safety - and personal protection of workers who handle human - remains and health care workers (including with respect - to protective equipment and supplies, waste management - processes, and decontamination), sharing of specialized - experience among the health care workforce, behavioral - health, psychological resilience, and training of the - workforce, as applicable; - ``(D) in a manner that allows for disease - containment (within the meaning of section - 2802(b)(2)(B)), coordinated medical triage, treatment, - and transportation of patients, based on patient - medical need (including patients in rural areas), to - the appropriate hospitals or health care facilities - within the regional system or, as applicable and - appropriate, between systems in different States or - regions; and - ``(E) the needs of children and other at-risk - individuals; - ``(2) make such guidelines available on the internet - website of the Department of Health and Human Services in a - manner that does not compromise national security; and - ``(3) update such guidelines as appropriate, including - based on input received pursuant to subsections (c) and (e) and - information resulting from applicable reports required under - the Pandemic and All-Hazards Preparedness and Advancing - Innovation Act of 2019 (including any amendments made by such - Act), to address new and emerging public health threats. + ``(1) identify and develop a set of guidelines relating to + practices and protocols for all-hazards public health emergency + preparedness and response for hospitals and health care facilities + to provide appropriate patient care during, in advance of, or + immediately following, a public health emergency, resulting from + one or more chemical, biological, radiological, or nuclear agents, + including emerging infectious diseases (which may include existing + practices, such as trauma care and medical surge capacity and + capabilities), with respect to-- + ``(A) a regional approach to identifying hospitals and + health care facilities based on varying capabilities and + capacity to treat patients affected by such emergency, + including-- + ``(i) the manner in which the system will coordinate + with and integrate the partnerships and health care + coalitions established under section 319C-2(b); and + ``(ii) informing and educating appropriate first + responders and health care supply chain partners of the + regional emergency preparedness and response capabilities + and medical surge capacity of such hospitals and health + care facilities in the community; + ``(B) physical and technological infrastructure, laboratory + capacity, staffing, blood supply, and other supply chain needs, + taking into account resiliency, geographic considerations, and + rural considerations; + ``(C) protocols or best practices for the safety and + personal protection of workers who handle human remains and + health care workers (including with respect to protective + equipment and supplies, waste management processes, and + decontamination), sharing of specialized experience among the + health care workforce, behavioral health, psychological + resilience, and training of the workforce, as applicable; + ``(D) in a manner that allows for disease containment + (within the meaning of section 2802(b)(2)(B)), coordinated + medical triage, treatment, and transportation of patients, + based on patient medical need (including patients in rural + areas), to the appropriate hospitals or health care facilities + within the regional system or, as applicable and appropriate, + between systems in different States or regions; and + ``(E) the needs of children and other at-risk individuals; + ``(2) make such guidelines available on the internet website of + the Department of Health and Human Services in a manner that does + not compromise national security; and + ``(3) update such guidelines as appropriate, including based on + input received pursuant to subsections (c) and (e) and information + resulting from applicable reports required under the Pandemic and + All-Hazards Preparedness and Advancing Innovation Act of 2019 + (including any amendments made by such Act), to address new and + emerging public health threats. ``(c) Considerations.--In identifying, developing, and updating guidelines under subsection (b), the Assistant Secretary for Preparedness and Response shall-- - ``(1) include input from hospitals and health care - facilities (including health care coalitions under section - 319C-2), State, local, Tribal, and territorial public health - departments, and health care or subject matter experts - (including experts with relevant expertise in chemical, - biological, radiological, or nuclear threats, including - emerging infectious diseases), as the Assistant Secretary - determines appropriate, to meet the goals under section - 2802(b)(3); - ``(2) consult and engage with appropriate health care - providers and professionals, including physicians, nurses, - first responders, health care facilities (including hospitals, - primary care clinics, community health centers, mental health - facilities, ambulatory care facilities, and dental health - facilities), pharmacies, emergency medical providers, trauma - care providers, environmental health agencies, public health - laboratories, poison control centers, blood banks, tissue - banks, and other experts that the Assistant Secretary - determines appropriate, to meet the goals under section - 2802(b)(3); - ``(3) consider feedback related to financial implications - for hospitals, health care facilities, public health agencies, - laboratories, blood banks, tissue banks, and other entities - engaged in regional preparedness planning to implement and - follow such guidelines, as applicable; and - ``(4) consider financial requirements and potential - incentives for entities to prepare for, and respond to, public - health emergencies as part of the regional health care - emergency preparedness and response system. + ``(1) include input from hospitals and health care facilities + (including health care coalitions under section 319C-2), State, + local, Tribal, and territorial public health departments, and + health care or subject matter experts (including experts with + relevant expertise in chemical, biological, radiological, or + nuclear threats, including emerging infectious diseases), as the + Assistant Secretary determines appropriate, to meet the goals under + section 2802(b)(3); + ``(2) consult and engage with appropriate health care providers + and professionals, including physicians, nurses, first responders, + health care facilities (including hospitals, primary care clinics, + community health centers, mental health facilities, ambulatory care + facilities, and dental health facilities), pharmacies, emergency + medical providers, trauma care providers, environmental health + agencies, public health laboratories, poison control centers, blood + banks, tissue banks, and other experts that the Assistant Secretary + determines appropriate, to meet the goals under section 2802(b)(3); + ``(3) consider feedback related to financial implications for + hospitals, health care facilities, public health agencies, + laboratories, blood banks, tissue banks, and other entities engaged + in regional preparedness planning to implement and follow such + guidelines, as applicable; and + ``(4) consider financial requirements and potential incentives + for entities to prepare for, and respond to, public health + emergencies as part of the regional health care emergency + preparedness and response system. ``(d) Technical Assistance.--The Assistant Secretary for Preparedness and Response, in consultation with the Director of the Centers for Disease Control and Prevention and the Assistant Secretary @@ -524,67 +479,61 @@ assistance and consultation toward meeting the guidelines described in subsection (b). ``(e) Demonstration Project for Regional Health Care Preparedness and Response Systems.-- - ``(1) In general.--The Assistant Secretary for Preparedness - and Response may establish a demonstration project pursuant to - the development and implementation of guidelines under - subsection (b) to award grants to improve medical surge - capacity for all hazards, build and integrate regional medical - response capabilities, improve specialty care expertise for - all-hazards response, and coordinate medical preparedness and - response across State, local, Tribal, territorial, and regional - jurisdictions. - ``(2) Sunset.--The authority under this subsection shall - expire on September 30, 2023.''. + ``(1) In general.--The Assistant Secretary for Preparedness and + Response may establish a demonstration project pursuant to the + development and implementation of guidelines under subsection (b) + to award grants to improve medical surge capacity for all hazards, + build and integrate regional medical response capabilities, improve + specialty care expertise for all-hazards response, and coordinate + medical preparedness and response across State, local, Tribal, + territorial, and regional jurisdictions. + ``(2) Sunset.--The authority under this subsection shall expire + on September 30, 2023.''. (b) GAO Report to Congress.-- - (1) Report.--Not later than 3 years after the date of - enactment of this Act, the Comptroller General of the United - States (referred to in this subsection as the ``Comptroller - General'') shall submit to the Committee on Health, Education, - Labor, and Pensions and the Committee on Finance of the Senate - and the Committee on Energy and Commerce and the Committee on - Ways and Means of the House of Representatives, a report on the - extent to which hospitals and health care facilities have - implemented the recommended guidelines under section 319C-3(b) - of the Public Health Service Act (as added by subsection (a)), - including an analysis and evaluation of any challenges - hospitals or health care facilities experienced in implementing - such guidelines. - (2) Content.--The Comptroller General shall include in the - report under paragraph (1)-- - (A) data on the preparedness and response - capabilities that have been informed by the guidelines - under section 319C-3(b) of the Public Health Service - Act to improve regional emergency health care - preparedness and response capability, including - hospital and health care facility capacity and medical - surge capabilities to prepare for, and respond to, - public health emergencies; and - (B) recommendations to reduce gaps in incentives - for regional health partners, including hospitals and - health care facilities, to improve capacity and medical - surge capabilities to prepare for, and respond to, - public health emergencies, consistent with subsection - (a), which may include consideration of facilities - participating in programs under section 319C-2 of the - Public Health Service Act (42 U.S.C. 247d-3b) or in - programs under the Centers for Medicare & Medicaid - Services (including innovative health care delivery and - payment models), and input from private sector - financial institutions. - (3) Consultation.--In carrying out paragraphs (1) and (2), - the Comptroller General shall consult with the heads of - appropriate Federal agencies, including-- - (A) the Assistant Secretary for Preparedness and - Response; - (B) the Director of the Centers for Disease Control - and Prevention; - (C) the Administrator of the Centers for Medicare & - Medicaid Services; - (D) the Assistant Secretary for Mental Health and - Substance Use; - (E) the Assistant Secretary of Labor for - Occupational Safety and Health; and - (F) the Secretary of Veterans Affairs. + (1) Report.--Not later than 3 years after the date of enactment + of this Act, the Comptroller General of the United States (referred + to in this subsection as the ``Comptroller General'') shall submit + to the Committee on Health, Education, Labor, and Pensions and the + Committee on Finance of the Senate and the Committee on Energy and + Commerce and the Committee on Ways and Means of the House of + Representatives, a report on the extent to which hospitals and + health care facilities have implemented the recommended guidelines + under section 319C-3(b) of the Public Health Service Act (as added + by subsection (a)), including an analysis and evaluation of any + challenges hospitals or health care facilities experienced in + implementing such guidelines. + (2) Content.--The Comptroller General shall include in the + report under paragraph (1)-- + (A) data on the preparedness and response capabilities that + have been informed by the guidelines under section 319C-3(b) of + the Public Health Service Act to improve regional emergency + health care preparedness and response capability, including + hospital and health care facility capacity and medical surge + capabilities to prepare for, and respond to, public health + emergencies; and + (B) recommendations to reduce gaps in incentives for + regional health partners, including hospitals and health care + facilities, to improve capacity and medical surge capabilities + to prepare for, and respond to, public health emergencies, + consistent with subsection (a), which may include consideration + of facilities participating in programs under section 319C-2 of + the Public Health Service Act (42 U.S.C. 247d-3b) or in + programs under the Centers for Medicare & Medicaid Services + (including innovative health care delivery and payment models), + and input from private sector financial institutions. + (3) Consultation.--In carrying out paragraphs (1) and (2), the + Comptroller General shall consult with the heads of appropriate + Federal agencies, including-- + (A) the Assistant Secretary for Preparedness and Response; + (B) the Director of the Centers for Disease Control and + Prevention; + (C) the Administrator of the Centers for Medicare & + Medicaid Services; + (D) the Assistant Secretary for Mental Health and Substance + Use; + (E) the Assistant Secretary of Labor for Occupational + Safety and Health; and + (F) the Secretary of Veterans Affairs. (c) Annual Reports.--Section 319C-2(i)(1) (42 U.S.C. 247d-3b(i)(1)) is amended by inserting after the first sentence the following: ``In submitting reports under this paragraph, a coalition shall include @@ -593,31 +542,25 @@ implementation of section 319C-3 (or barriers to progress, if any).''. (d) National Health Security Strategy Incorporation of Regionalized Emergency Preparedness and Response.--Subparagraph (G) of section 2802(b)(3) (42 U.S.C. 300hh-1(b)(3)) is amended to read as follows: - ``(G) Optimizing a coordinated and flexible - approach to the emergency response and medical surge - capacity of hospitals, other health care facilities, - critical care, trauma care (which may include trauma - centers), and emergency medical systems.''. + ``(G) Optimizing a coordinated and flexible approach to the + emergency response and medical surge capacity of hospitals, + other health care facilities, critical care, trauma care (which + may include trauma centers), and emergency medical systems.''. (e) Improving State and Local Public Health Security.-- - (1) State and local security.--Section 319C-1(e) (42 U.S.C. - 247d-3a(e)) is amended by striking ``, and local emergency - plans.'' and inserting ``, local emergency plans, and any - regional health care emergency preparedness and response system - established pursuant to the applicable guidelines under section - 319C-3.''. - (2) Partnerships.--Section 319C-2(d)(1)(A) (42 U.S.C. 247d- - 3b(d)(1)(A)) is amended-- - (A) in clause (i), by striking ``; and'' and - inserting ``;''; - (B) by redesignating clause (ii) as clause (iii); - and - (C) by inserting after clause (i) the following: - ``(ii) among one or more facilities in a - regional health care emergency system under - section 319C-3; and''. - -SEC. 204. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS. - + (1) State and local security.--Section 319C-1(e) (42 U.S.C. + 247d-3a(e)) is amended by striking ``, and local emergency plans.'' + and inserting ``, local emergency plans, and any regional health + care emergency preparedness and response system established + pursuant to the applicable guidelines under section 319C-3.''. + (2) Partnerships.--Section 319C-2(d)(1)(A) (42 U.S.C. 247d- + 3b(d)(1)(A)) is amended-- + (A) in clause (i), by striking ``; and'' and inserting + ``;''; + (B) by redesignating clause (ii) as clause (iii); and + (C) by inserting after clause (i) the following: + ``(ii) among one or more facilities in a regional + health care emergency system under section 319C-3; and''. + SEC. 204. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS. Title XII (42 U.S.C. 300d et seq.) is amended by adding at the end the following new part: @@ -625,574 +568,501 @@ the following new part: PROGRAM ``SEC. 1291. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS - GRANT PROGRAM. - +GRANT PROGRAM. ``(a) Military Trauma Team Placement Program.-- - ``(1) In general.--The Secretary, acting through the - Assistant Secretary for Preparedness and Response and in - consultation with the Secretary of Defense, shall award grants - to not more than 20 eligible high-acuity trauma centers to - enable military trauma teams to provide, on a full-time basis, - trauma care and related acute care at such trauma centers. - ``(2) Limitations.--In the case of a grant awarded under - paragraph (1) to an eligible high-acuity trauma center, such - grant-- - ``(A) shall be for a period of at least 3 years and - not more than 5 years (and may be renewed at the end of - such period); and - ``(B) shall be in an amount that does not exceed - $1,000,000 per year. - ``(3) Availability of funds.--Notwithstanding section 1552 - of title 31, United States Code, or any other provision of law, - funds available to the Secretary for obligation for a grant - under this subsection shall remain available for expenditure - for 100 days after the last day of the performance period of - such grant. + ``(1) In general.--The Secretary, acting through the Assistant + Secretary for Preparedness and Response and in consultation with + the Secretary of Defense, shall award grants to not more than 20 + eligible high-acuity trauma centers to enable military trauma teams + to provide, on a full-time basis, trauma care and related acute + care at such trauma centers. + ``(2) Limitations.--In the case of a grant awarded under + paragraph (1) to an eligible high-acuity trauma center, such + grant-- + ``(A) shall be for a period of at least 3 years and not + more than 5 years (and may be renewed at the end of such + period); and + ``(B) shall be in an amount that does not exceed $1,000,000 + per year. + ``(3) Availability of funds.--Notwithstanding section 1552 of + title 31, United States Code, or any other provision of law, funds + available to the Secretary for obligation for a grant under this + subsection shall remain available for expenditure for 100 days + after the last day of the performance period of such grant. ``(b) Military Trauma Care Provider Placement Program.-- - ``(1) In general.--The Secretary, acting through the - Assistant Secretary for Preparedness and Response and in - consultation with the Secretary of Defense, shall award grants - to eligible trauma centers to enable military trauma care - providers to provide trauma care and related acute care at such - trauma centers. - ``(2) Limitations.--In the case of a grant awarded under - paragraph (1) to an eligible trauma center, such grant-- - ``(A) shall be for a period of at least 1 year and - not more than 3 years (and may be renewed at the end of - such period); and - ``(B) shall be in an amount that does not exceed, - in a year-- - ``(i) $100,000 for each military trauma - care provider that is a physician at such - eligible trauma center; and - ``(ii) $50,000 for each other military - trauma care provider at such eligible trauma - center. + ``(1) In general.--The Secretary, acting through the Assistant + Secretary for Preparedness and Response and in consultation with + the Secretary of Defense, shall award grants to eligible trauma + centers to enable military trauma care providers to provide trauma + care and related acute care at such trauma centers. + ``(2) Limitations.--In the case of a grant awarded under + paragraph (1) to an eligible trauma center, such grant-- + ``(A) shall be for a period of at least 1 year and not more + than 3 years (and may be renewed at the end of such period); + and + ``(B) shall be in an amount that does not exceed, in a + year-- + ``(i) $100,000 for each military trauma care provider + that is a physician at such eligible trauma center; and + ``(ii) $50,000 for each other military trauma care + provider at such eligible trauma center. ``(c) Grant Requirements.-- - ``(1) Deployment and public health emergencies.--As a - condition of receipt of a grant under this section, a grant - recipient shall agree to allow military trauma care providers - providing care pursuant to such grant to-- - ``(A) be deployed by the Secretary of Defense for - military operations, for training, or for response to a - mass casualty incident; and - ``(B) be deployed by the Secretary of Defense, in - consultation with the Secretary of Health and Human - Services, for response to a public health emergency - pursuant to section 319. - ``(2) Use of funds.--Grants awarded under this section to - an eligible trauma center may be used to train and incorporate - military trauma care providers into such trauma center, - including incorporation into operational exercises and training - drills related to public health emergencies, expenditures for - malpractice insurance, office space, information technology, - specialty education and supervision, trauma programs, research, - and applicable license fees for such military trauma care - providers. + ``(1) Deployment and public health emergencies.--As a condition + of receipt of a grant under this section, a grant recipient shall + agree to allow military trauma care providers providing care + pursuant to such grant to-- + ``(A) be deployed by the Secretary of Defense for military + operations, for training, or for response to a mass casualty + incident; and + ``(B) be deployed by the Secretary of Defense, in + consultation with the Secretary of Health and Human Services, + for response to a public health emergency pursuant to section + 319. + ``(2) Use of funds.--Grants awarded under this section to an + eligible trauma center may be used to train and incorporate + military trauma care providers into such trauma center, including + incorporation into operational exercises and training drills + related to public health emergencies, expenditures for malpractice + insurance, office space, information technology, specialty + education and supervision, trauma programs, research, and + applicable license fees for such military trauma care providers. ``(d) Rule of Construction.--Nothing in this section shall be construed to affect any other provision of law that preempts State licensing requirements for health care professionals, including with respect to military trauma care providers. ``(e) Reporting Requirements.-- - ``(1) Report to the secretary and the secretary of - defense.--Each eligible trauma center or eligible high-acuity - trauma center awarded a grant under subsection (a) or (b) for a - year shall submit to the Secretary and the Secretary of Defense - a report for such year that includes information on-- - ``(A) the number and types of trauma cases managed - by military trauma teams or military trauma care - providers pursuant to such grant during such year; - ``(B) the ability to maintain the integration of - the military trauma providers or teams of providers as - part of the trauma center, including the financial - effect of such grant on the trauma center; - ``(C) the educational effect on resident trainees - in centers where military trauma teams are assigned; - ``(D) any research conducted during such year - supported by such grant; and - ``(E) any other information required by the - Secretaries for the purpose of evaluating the effect of - such grant. - ``(2) Report to congress.--Not less than once every 2 - years, the Secretary, in consultation with the Secretary of - Defense, shall submit a report to the congressional committees - of jurisdiction that includes information on the effect of - placing military trauma care providers in trauma centers - awarded grants under this section on-- - ``(A) maintaining military trauma care providers' - readiness and ability to respond to and treat - battlefield injuries; - ``(B) providing health care to civilian trauma - patients in urban and rural settings; - ``(C) the capability of trauma centers and military - trauma care providers to increase medical surge - capacity, including as a result of a large-scale event; - ``(D) the ability of grant recipients to maintain - the integration of the military trauma providers or - teams of providers as part of the trauma center; - ``(E) efforts to incorporate military trauma care - providers into operational exercises and training and - drills for public health emergencies; and - ``(F) the capability of military trauma care - providers to participate as part of a medical response - during or in advance of a public health emergency, as - determined by the Secretary, or a mass casualty - incident. + ``(1) Report to the secretary and the secretary of defense.-- + Each eligible trauma center or eligible high-acuity trauma center + awarded a grant under subsection (a) or (b) for a year shall submit + to the Secretary and the Secretary of Defense a report for such + year that includes information on-- + ``(A) the number and types of trauma cases managed by + military trauma teams or military trauma care providers + pursuant to such grant during such year; + ``(B) the ability to maintain the integration of the + military trauma providers or teams of providers as part of the + trauma center, including the financial effect of such grant on + the trauma center; + ``(C) the educational effect on resident trainees in + centers where military trauma teams are assigned; + ``(D) any research conducted during such year supported by + such grant; and + ``(E) any other information required by the Secretaries for + the purpose of evaluating the effect of such grant. + ``(2) Report to congress.--Not less than once every 2 years, + the Secretary, in consultation with the Secretary of Defense, shall + submit a report to the congressional committees of jurisdiction + that includes information on the effect of placing military trauma + care providers in trauma centers awarded grants under this section + on-- + ``(A) maintaining military trauma care providers' readiness + and ability to respond to and treat battlefield injuries; + ``(B) providing health care to civilian trauma patients in + urban and rural settings; + ``(C) the capability of trauma centers and military trauma + care providers to increase medical surge capacity, including as + a result of a large-scale event; + ``(D) the ability of grant recipients to maintain the + integration of the military trauma providers or teams of + providers as part of the trauma center; + ``(E) efforts to incorporate military trauma care providers + into operational exercises and training and drills for public + health emergencies; and + ``(F) the capability of military trauma care providers to + participate as part of a medical response during or in advance + of a public health emergency, as determined by the Secretary, + or a mass casualty incident. ``(f) Definitions.--For purposes of this part: - ``(1) Eligible high-acuity trauma center.--The term - `eligible high-acuity trauma center' means a Level I trauma - center that satisfies each of the following: - ``(A) Such trauma center has an agreement with the - Secretary of Defense to enable military trauma teams to - provide trauma care and related acute care at such - trauma center. - ``(B) At least 20 percent of patients treated at - such trauma center in the most recent 3-month period - for which data are available are treated for a major - trauma at such trauma center. - ``(C) Such trauma center utilizes a risk-adjusted - benchmarking system and metrics to measure performance, - quality, and patient outcomes. - ``(D) Such trauma center is an academic training - center-- - ``(i) affiliated with a medical school; - ``(ii) that maintains residency programs - and fellowships in critical trauma specialties - and subspecialties, and provides education and - supervision of military trauma team members - according to those specialties and - subspecialties; and - ``(iii) that undertakes research in the - prevention and treatment of traumatic injury. - ``(E) Such trauma center serves as a medical and - public health preparedness and response leader for its - community, such as by participating in a partnership - for State and regional hospital preparedness - established under section 319C-2 or 319C-3. - ``(2) Eligible trauma center.--The term `eligible trauma - center' means a Level I, II, or III trauma center that - satisfies each of the following: - ``(A) Such trauma center has an agreement with the - Secretary of Defense to enable military trauma care - providers to provide trauma care and related acute care - at such trauma center. - ``(B) Such trauma center utilizes a risk-adjusted - benchmarking system and metrics to measure performance, - quality, and patient outcomes. - ``(C) Such trauma center demonstrates a need for - integrated military trauma care providers to maintain - or improve the trauma clinical capability of such - trauma center. - ``(3) Major trauma.--The term `major trauma' means an - injury that is greater than or equal to 15 on the injury - severity score. - ``(4) Military trauma team.--The term `military trauma - team' means a complete military trauma team consisting of - military trauma care providers. - ``(5) Military trauma care provider.--The term `military - trauma care provider' means a member of the Armed Forces who - furnishes emergency, critical care, and other trauma acute care - services (including a physician, surgeon, physician assistant, - nurse, nurse practitioner, respiratory therapist, flight - paramedic, combat medic, or enlisted medical technician) or - other military trauma care provider as the Secretary determines - appropriate. + ``(1) Eligible high-acuity trauma center.--The term `eligible + high-acuity trauma center' means a Level I trauma center that + satisfies each of the following: + ``(A) Such trauma center has an agreement with the + Secretary of Defense to enable military trauma teams to provide + trauma care and related acute care at such trauma center. + ``(B) At least 20 percent of patients treated at such + trauma center in the most recent 3-month period for which data + are available are treated for a major trauma at such trauma + center. + ``(C) Such trauma center utilizes a risk-adjusted + benchmarking system and metrics to measure performance, + quality, and patient outcomes. + ``(D) Such trauma center is an academic training center-- + ``(i) affiliated with a medical school; + ``(ii) that maintains residency programs and + fellowships in critical trauma specialties and + subspecialties, and provides education and supervision of + military trauma team members according to those specialties + and subspecialties; and + ``(iii) that undertakes research in the prevention and + treatment of traumatic injury. + ``(E) Such trauma center serves as a medical and public + health preparedness and response leader for its community, such + as by participating in a partnership for State and regional + hospital preparedness established under section 319C-2 or 319C- + 3. + ``(2) Eligible trauma center.--The term `eligible trauma + center' means a Level I, II, or III trauma center that satisfies + each of the following: + ``(A) Such trauma center has an agreement with the + Secretary of Defense to enable military trauma care providers + to provide trauma care and related acute care at such trauma + center. + ``(B) Such trauma center utilizes a risk-adjusted + benchmarking system and metrics to measure performance, + quality, and patient outcomes. + ``(C) Such trauma center demonstrates a need for integrated + military trauma care providers to maintain or improve the + trauma clinical capability of such trauma center. + ``(3) Major trauma.--The term `major trauma' means an injury + that is greater than or equal to 15 on the injury severity score. + ``(4) Military trauma team.--The term `military trauma team' + means a complete military trauma team consisting of military trauma + care providers. + ``(5) Military trauma care provider.--The term `military trauma + care provider' means a member of the Armed Forces who furnishes + emergency, critical care, and other trauma acute care services + (including a physician, surgeon, physician assistant, nurse, nurse + practitioner, respiratory therapist, flight paramedic, combat + medic, or enlisted medical technician) or other military trauma + care provider as the Secretary determines appropriate. ``(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $11,500,000 for each of fiscal years 2019 through 2023.''. - -SEC. 205. PUBLIC HEALTH AND HEALTH CARE SYSTEM SITUATIONAL AWARENESS - AND BIOSURVEILLANCE CAPABILITIES. - + SEC. 205. PUBLIC HEALTH AND HEALTH CARE SYSTEM SITUATIONAL + AWARENESS AND BIOSURVEILLANCE CAPABILITIES. (a) Facilities, Capacities, and Biosurveillance Capabilities.-- Section 319D (42 U.S.C. 247d-4) is amended-- - (1) in the section heading, by striking ``revitalizing'' - and inserting ``facilities and capacities of''; - (2) in subsection (a)-- - (A) in the subsection heading, by striking - ``Facilities; Capacities'' and inserting ``In - General''; - (B) in paragraph (1), by striking ``and improved'' - and inserting ``, improved, and appropriately - maintained''; - (C) in paragraph (3), in the matter preceding - subparagraph (A), by striking ``expand, enhance, and - improve'' and inserting ``expand, improve, enhance, and - appropriately maintain''; and - (D) by adding at the end the following: - ``(4) Study of resources for facilities and capacities.-- - Not later than June 1, 2022, the Comptroller General of the - United States shall conduct a study on Federal spending in - fiscal years 2013 through 2018 for activities authorized under - this subsection. Such study shall include a review and - assessment of obligations and expenditures directly related to - each activity under paragraphs (2) and (3), including a - specific accounting of, and delineation between, obligations - and expenditures incurred for the construction, renovation, - equipping, and security upgrades of facilities and associated - contracts under this subsection, and the obligations and - expenditures incurred to establish and improve the situational - awareness and biosurveillance network under subsection (b), and - shall identify the agency or agencies incurring such - obligations and expenditures.''; - (3) in subsection (b)-- - (A) in the subsection heading, by striking - ``National'' and inserting ``Establishment of Systems - of Public Health''; - (B) in paragraph (1)(B), by inserting - ``immunization information systems,'' after - ``centers,''; - (C) in paragraph (2)-- - (i) by inserting ``develop a plan to, and'' - after ``The Secretary shall''; and - (ii) by inserting ``and in a form readily - usable for analytical approaches'' after ``in a - secure manner''; and - (D) by amending paragraph (3) to read as follows: - ``(3) Standards.-- - ``(A) In general.--Not later than 1 year after the - date of the enactment of the Pandemic and All-Hazards - Preparedness and Advancing Innovation Act of 2019, the - Secretary, in cooperation with health care providers, - State, local, Tribal, and territorial public health - officials, and relevant Federal agencies (including the - Office of the National Coordinator for Health - Information Technology and the National Institute of - Standards and Technology), shall, as necessary, adopt - technical and reporting standards, including standards - for interoperability as defined by section 3000, for - networks under paragraph (1) and update such standards - as necessary. Such standards shall be made available on - the internet website of the Department of Health and - Human Services, in a manner that does not compromise - national security. - ``(B) Deference to standards development - organizations.--In adopting and implementing standards - under this subsection and subsection (c), the Secretary - shall give deference to standards published by - standards development organizations and voluntary - consensus-based standards entities.''; - (4) in subsection (c)-- - (A) in paragraph (1)-- - (i) by striking ``Not later than 2 years - after the date of enactment of the Pandemic and - All-Hazards Preparedness Reauthorization Act of - 2013, the Secretary'' and inserting ``The - Secretary''; - (ii) by inserting ``, and improve as - applicable and appropriate,'' after ``shall - establish''; - (iii) by striking ``of rapid'' and - inserting ``of, rapid''; and - (iv) by striking ``such connectivity'' and - inserting ``such interoperability''; - (B) by amending paragraph (2) to read as follows: - ``(2) Coordination and consultation.--In establishing and - improving the network under paragraph (1), the Secretary - shall-- - ``(A) facilitate coordination among agencies within - the Department of Health and Human Services that - provide, or have the potential to provide, information - and data to, and analyses for, the situational - awareness and biosurveillance network under paragraph - (1), including coordination among relevant agencies - related to health care services, the facilitation of - health information exchange (including the Office of - the National Coordinator for Health Information - Technology), and public health emergency preparedness - and response; and - ``(B) consult with the Secretary of Agriculture, - the Secretary of Commerce (and the Director of the - National Institute of Standards and Technology), the - Secretary of Defense, the Secretary of Homeland - Security, the Secretary of Veterans Affairs, and the - heads of other Federal agencies, as the Secretary - determines appropriate.''; - (C) in paragraph (3)-- - (i) by redesignating subparagraphs (A) - through (E) as clauses (i) through (v), - respectively, and adjusting the margins - accordingly; - (ii) in clause (iv), as so redesignated-- - (I) by inserting ``immunization - information systems,'' after ``poison - control,''; and - (II) by striking ``and clinical - laboratories'' and inserting ``, - clinical laboratories, and public - environmental health agencies''; - (iii) by striking ``The network'' and - inserting the following: - ``(A) In general.--The network''; and - (iv) by adding at the end the following: - ``(B) Review.--Not later than 2 years after the - date of the enactment of the Pandemic and All-Hazards - Preparedness and Advancing Innovation Act of 2019 and - every 6 years thereafter, the Secretary shall conduct a - review of the elements described in subparagraph (A). - Such review shall include a discussion of the addition - of any elements pursuant to clause (v), including - elements added to advancing new technologies, and - identify any challenges in the incorporation of - elements under subparagraph (A). The Secretary shall - provide such review to the congressional committees of - jurisdiction.''; - (D) in paragraph (5)-- - (i) by redesignating subparagraphs (A) - through (D) as clauses (i) through (iv), - respectively, and adjusting the margins - accordingly; - (ii) by striking ``In establishing'' and - inserting the following: - ``(A) In general.--In establishing''; - (iii) by adding at the end the following: - ``(B) Public meeting.-- - ``(i) In general.--Not later than 180 days - after the date of enactment of the Pandemic and - All-Hazards Preparedness and Advancing - Innovation Act of 2019, the Secretary shall - convene a public meeting for purposes of - discussing and providing input on the potential - goals, functions, and uses of the network - described in paragraph (1) and incorporating - the elements described in paragraph (3)(A). - ``(ii) Experts.--The public meeting shall - include representatives of relevant Federal - agencies (including representatives from the - Office of the National Coordinator for Health - Information Technology and the National - Institute of Standards and Technology); State, - local, Tribal, and territorial public health - officials; stakeholders with expertise in - biosurveillance and situational awareness; - stakeholders with expertise in capabilities - relevant to biosurveillance and situational - awareness, such as experts in informatics and - data analytics (including experts in - prediction, modeling, or forecasting); and - other representatives as the Secretary - determines appropriate. - ``(iii) Topics.--Such public meeting shall - include a discussion of-- - ``(I) data elements, including - minimal or essential data elements, - that are voluntarily provided for such - network, which may include elements - from public health and public and - private health care entities, to the - extent practicable; - ``(II) standards and implementation - specifications that may improve the - collection, analysis, and - interpretation of data during a public - health emergency; - ``(III) strategies to encourage the - access, exchange, and use of - information; - ``(IV) considerations for State, - local, Tribal, and territorial - capabilities and infrastructure related - to data exchange and interoperability; - ``(V) privacy and security - protections provided at the Federal, - State, local, Tribal, and territorial - levels, and by nongovernmental - stakeholders; and - ``(VI) opportunities for the - incorporation of innovative - technologies to improve the network.''; - and - (iv) in subparagraph (A), as so designated - by clause (ii)-- - (I) in clause (i), as so - redesignated-- - (aa) by striking ``as - determined'' and inserting ``as - adopted''; and - (bb) by inserting ``and the - National Institute of Standards - and Technology'' after ``Office - of the National Coordinator for - Health Information - Technology''; - (II) in clause (iii), as so - redesignated, by striking ``; and'' and - inserting a semicolon; - (III) in clause (iv), as so - redesignated, by striking the period - and inserting ``; and''; and - (IV) by adding at the end the - following: - ``(v) pilot test standards and - implementation specifications, consistent with - the process described in section 3002(b)(3)(C), - which State, local, Tribal, and territorial - public health entities may utilize, on a - voluntary basis, as a part of the network.''; - (E) by redesignating paragraph (6) as paragraph - (7); - (F) by inserting after paragraph (5) the following: - ``(6) Strategy and implementation plan.-- - ``(A) In general.--Not later than 18 months after - the date of enactment of the Pandemic and All-Hazards - Preparedness and Advancing Innovation Act of 2019, the - Secretary shall submit to the congressional committees - of jurisdiction a coordinated strategy and an - accompanying implementation plan that-- - ``(i) is informed by the public meeting - under paragraph (5)(B); - ``(ii) includes a review and assessment of - existing capabilities of the network and - related infrastructure, including input - provided by the public meeting under paragraph - (5)(B); - ``(iii) identifies and demonstrates the - measurable steps the Secretary will carry out - to-- - ``(I) develop, implement, and - evaluate the network described in - paragraph (1), utilizing elements - described in paragraph (3)(A); - ``(II) modernize and enhance - biosurveillance activities, including - strategies to include innovative - technologies and analytical approaches - (including prediction and forecasting - for pandemics and all-hazards) from - public and private entities; - ``(III) improve information - sharing, coordination, and - communication among disparate - biosurveillance systems supported by - the Department of Health and Human - Services, including the identification - of methods to improve accountability, - better utilize resources and workforce - capabilities, and incorporate - innovative technologies within and - across agencies; and - ``(IV) test and evaluate - capabilities of the interoperable - network of systems to improve - situational awareness and - biosurveillance capabilities; - ``(iv) includes performance measures and - the metrics by which performance measures will - be assessed with respect to the measurable - steps under clause (iii); and - ``(v) establishes dates by which each - measurable step under clause (iii) will be - implemented. - ``(B) Annual budget plan.--Not later than 2 years - after the date of enactment of the Pandemic and All- - Hazards Preparedness and Advancing Innovation Act of - 2019 and on an annual basis thereafter, in accordance - with the strategy and implementation plan under this - paragraph, the Secretary shall, taking into account - recommendations provided by the National Biodefense - Science Board, develop a budget plan based on the - strategy and implementation plan under this section. - Such budget plan shall include-- - ``(i) a summary of resources previously - expended to establish, improve, and utilize the - nationwide public health situational awareness - and biosurveillance network under paragraph - (1); - ``(ii) estimates of costs and resources - needed to establish and improve the network - under paragraph (1) according to the strategy - and implementation plan under subparagraph (A); - ``(iii) the identification of gaps and - inefficiencies in nationwide public health - situational awareness and biosurveillance - capabilities, resources, and authorities needed - to address such gaps; and - ``(iv) a strategy to minimize and address - such gaps and improve inefficiencies.''; - (G) in paragraph (7), as so redesignated-- - (i) in subparagraph (A), by inserting - ``(taking into account zoonotic disease, - including gaps in scientific understanding of - the interactions between human, animal, and - environmental health)'' after ``human health''; - (ii) in subparagraph (B)-- - (I) by inserting ``and gaps in - surveillance programs'' after - ``surveillance programs''; and - (II) by striking ``; and'' and - inserting a semicolon; - (iii) in subparagraph (C)-- - (I) by inserting ``, animal health - organizations related to zoonotic - disease,'' after ``health care - entities''; and - (II) by striking the period and - inserting ``; and''; and - (iv) by adding at the end the following: - ``(D) provide recommendations to the Secretary on - policies and procedures to complete the steps described - in this paragraph in a manner that is consistent with - section 2802.''; and - (H) by adding at the end the following: - ``(8) Situational awareness and biosurveillance as a - national security priority.--The Secretary, on a periodic basis - as applicable and appropriate, shall meet with the Director of - National Intelligence to inform the development and - capabilities of the nationwide public health situational - awareness and biosurveillance network.''; - (5) in subsection (d)-- - (A) in paragraph (1)-- - (i) by inserting ``environmental health - agencies,'' after ``public health agencies,''; - and - (ii) by inserting ``immunization - programs,'' after ``poison control centers,''; - (B) in paragraph (2)-- - (i) in subparagraph (B), by striking - ``and'' at the end; - (ii) in subparagraph (C), by striking the - period and inserting ``; and''; and - (iii) by adding after subparagraph (C) the - following: - ``(D) an implementation plan that may include - measurable steps to achieve the purposes described in - paragraph (1).''; and - (C) by striking paragraph (5) and inserting the - following: - ``(5) Technical assistance.--The Secretary may provide - technical assistance to States, localities, Tribes, and - territories or a consortium of States, localities, Tribes, and - territories receiving an award under this subsection regarding - interoperability and the technical standards set forth by the - Secretary.''; - (6) by redesignating subsections (f) and (g) as subsections - (i) and (j), respectively; and - (7) by inserting after subsection (e) the following: + (1) in the section heading, by striking ``revitalizing'' and + inserting ``facilities and capacities of''; + (2) in subsection (a)-- + (A) in the subsection heading, by striking ``Facilities; + Capacities'' and inserting ``In General''; + (B) in paragraph (1), by striking ``and improved'' and + inserting ``, improved, and appropriately maintained''; + (C) in paragraph (3), in the matter preceding subparagraph + (A), by striking ``expand, enhance, and improve'' and inserting + ``expand, improve, enhance, and appropriately maintain''; and + (D) by adding at the end the following: + ``(4) Study of resources for facilities and capacities.--Not + later than June 1, 2022, the Comptroller General of the United + States shall conduct a study on Federal spending in fiscal years + 2013 through 2018 for activities authorized under this subsection. + Such study shall include a review and assessment of obligations and + expenditures directly related to each activity under paragraphs (2) + and (3), including a specific accounting of, and delineation + between, obligations and expenditures incurred for the + construction, renovation, equipping, and security upgrades of + facilities and associated contracts under this subsection, and the + obligations and expenditures incurred to establish and improve the + situational awareness and biosurveillance network under subsection + (b), and shall identify the agency or agencies incurring such + obligations and expenditures.''; + (3) in subsection (b)-- + (A) in the subsection heading, by striking ``National'' and + inserting ``Establishment of Systems of Public Health''; + (B) in paragraph (1)(B), by inserting ``immunization + information systems,'' after ``centers,''; + (C) in paragraph (2)-- + (i) by inserting ``develop a plan to, and'' after ``The + Secretary shall''; and + (ii) by inserting ``and in a form readily usable for + analytical approaches'' after ``in a secure manner''; and + (D) by amending paragraph (3) to read as follows: + ``(3) Standards.-- + ``(A) In general.--Not later than 1 year after the date of + the enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, the Secretary, in cooperation + with health care providers, State, local, Tribal, and + territorial public health officials, and relevant Federal + agencies (including the Office of the National Coordinator for + Health Information Technology and the National Institute of + Standards and Technology), shall, as necessary, adopt technical + and reporting standards, including standards for + interoperability as defined by section 3000, for networks under + paragraph (1) and update such standards as necessary. Such + standards shall be made available on the internet website of + the Department of Health and Human Services, in a manner that + does not compromise national security. + ``(B) Deference to standards development organizations.--In + adopting and implementing standards under this subsection and + subsection (c), the Secretary shall give deference to standards + published by standards development organizations and voluntary + consensus-based standards entities.''; + (4) in subsection (c)-- + (A) in paragraph (1)-- + (i) by striking ``Not later than 2 years after the date + of enactment of the Pandemic and All-Hazards Preparedness + Reauthorization Act of 2013, the Secretary'' and inserting + ``The Secretary''; + (ii) by inserting ``, and improve as applicable and + appropriate,'' after ``shall establish''; + (iii) by striking ``of rapid'' and inserting ``of, + rapid''; and + (iv) by striking ``such connectivity'' and inserting + ``such interoperability''; + (B) by amending paragraph (2) to read as follows: + ``(2) Coordination and consultation.--In establishing and + improving the network under paragraph (1), the Secretary shall-- + ``(A) facilitate coordination among agencies within the + Department of Health and Human Services that provide, or have + the potential to provide, information and data to, and analyses + for, the situational awareness and biosurveillance network + under paragraph (1), including coordination among relevant + agencies related to health care services, the facilitation of + health information exchange (including the Office of the + National Coordinator for Health Information Technology), and + public health emergency preparedness and response; and + ``(B) consult with the Secretary of Agriculture, the + Secretary of Commerce (and the Director of the National + Institute of Standards and Technology), the Secretary of + Defense, the Secretary of Homeland Security, the Secretary of + Veterans Affairs, and the heads of other Federal agencies, as + the Secretary determines appropriate.''; + (C) in paragraph (3)-- + (i) by redesignating subparagraphs (A) through (E) as + clauses (i) through (v), respectively, and adjusting the + margins accordingly; + (ii) in clause (iv), as so redesignated-- + + (I) by inserting ``immunization information + systems,'' after ``poison control,''; and + (II) by striking ``and clinical laboratories'' and + inserting ``, clinical laboratories, and public + environmental health agencies''; + + (iii) by striking ``The network'' and inserting the + following: + ``(A) In general.--The network''; and + (iv) by adding at the end the following: + ``(B) Review.--Not later than 2 years after the date of the + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019 and every 6 years thereafter, + the Secretary shall conduct a review of the elements described + in subparagraph (A). Such review shall include a discussion of + the addition of any elements pursuant to clause (v), including + elements added to advancing new technologies, and identify any + challenges in the incorporation of elements under subparagraph + (A). The Secretary shall provide such review to the + congressional committees of jurisdiction.''; + (D) in paragraph (5)-- + (i) by redesignating subparagraphs (A) through (D) as + clauses (i) through (iv), respectively, and adjusting the + margins accordingly; + (ii) by striking ``In establishing'' and inserting the + following: + ``(A) In general.--In establishing''; + (iii) by adding at the end the following: + ``(B) Public meeting.-- + ``(i) In general.--Not later than 180 days after the + date of enactment of the Pandemic and All-Hazards + Preparedness and Advancing Innovation Act of 2019, the + Secretary shall convene a public meeting for purposes of + discussing and providing input on the potential goals, + functions, and uses of the network described in paragraph + (1) and incorporating the elements described in paragraph + (3)(A). + ``(ii) Experts.--The public meeting shall include + representatives of relevant Federal agencies (including + representatives from the Office of the National Coordinator + for Health Information Technology and the National + Institute of Standards and Technology); State, local, + Tribal, and territorial public health officials; + stakeholders with expertise in biosurveillance and + situational awareness; stakeholders with expertise in + capabilities relevant to biosurveillance and situational + awareness, such as experts in informatics and data + analytics (including experts in prediction, modeling, or + forecasting); and other representatives as the Secretary + determines appropriate. + ``(iii) Topics.--Such public meeting shall include a + discussion of-- + + ``(I) data elements, including minimal or essential + data elements, that are voluntarily provided for such + network, which may include elements from public health + and public and private health care entities, to the + extent practicable; + ``(II) standards and implementation specifications + that may improve the collection, analysis, and + interpretation of data during a public health + emergency; + ``(III) strategies to encourage the access, + exchange, and use of information; + ``(IV) considerations for State, local, Tribal, and + territorial capabilities and infrastructure related to + data exchange and interoperability; + ``(V) privacy and security protections provided at + the Federal, State, local, Tribal, and territorial + levels, and by nongovernmental stakeholders; and + ``(VI) opportunities for the incorporation of + innovative technologies to improve the network.''; and + + (iv) in subparagraph (A), as so designated by clause + (ii)-- + + (I) in clause (i), as so redesignated-- + + (aa) by striking ``as determined'' and + inserting ``as adopted''; and + (bb) by inserting ``and the National Institute + of Standards and Technology'' after ``Office of the + National Coordinator for Health Information + Technology''; + + (II) in clause (iii), as so redesignated, by + striking ``; and'' and inserting a semicolon; + (III) in clause (iv), as so redesignated, by + striking the period and inserting ``; and''; and + (IV) by adding at the end the following: + + ``(v) pilot test standards and implementation + specifications, consistent with the process described in + section 3002(b)(3)(C), which State, local, Tribal, and + territorial public health entities may utilize, on a + voluntary basis, as a part of the network.''; + (E) by redesignating paragraph (6) as paragraph (7); + (F) by inserting after paragraph (5) the following: + ``(6) Strategy and implementation plan.-- + ``(A) In general.--Not later than 18 months after the date + of enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, the Secretary shall submit to + the congressional committees of jurisdiction a coordinated + strategy and an accompanying implementation plan that-- + ``(i) is informed by the public meeting under paragraph + (5)(B); + ``(ii) includes a review and assessment of existing + capabilities of the network and related infrastructure, + including input provided by the public meeting under + paragraph (5)(B); + ``(iii) identifies and demonstrates the measurable + steps the Secretary will carry out to-- + + ``(I) develop, implement, and evaluate the network + described in paragraph (1), utilizing elements + described in paragraph (3)(A); + ``(II) modernize and enhance biosurveillance + activities, including strategies to include innovative + technologies and analytical approaches (including + prediction and forecasting for pandemics and all- + hazards) from public and private entities; + ``(III) improve information sharing, coordination, + and communication among disparate biosurveillance + systems supported by the Department of Health and Human + Services, including the identification of methods to + improve accountability, better utilize resources and + workforce capabilities, and incorporate innovative + technologies within and across agencies; and + ``(IV) test and evaluate capabilities of the + interoperable network of systems to improve situational + awareness and biosurveillance capabilities; + + ``(iv) includes performance measures and the metrics by + which performance measures will be assessed with respect to + the measurable steps under clause (iii); and + ``(v) establishes dates by which each measurable step + under clause (iii) will be implemented. + ``(B) Annual budget plan.--Not later than 2 years after the + date of enactment of the Pandemic and All-Hazards Preparedness + and Advancing Innovation Act of 2019 and on an annual basis + thereafter, in accordance with the strategy and implementation + plan under this paragraph, the Secretary shall, taking into + account recommendations provided by the National Biodefense + Science Board, develop a budget plan based on the strategy and + implementation plan under this section. Such budget plan shall + include-- + ``(i) a summary of resources previously expended to + establish, improve, and utilize the nationwide public + health situational awareness and biosurveillance network + under paragraph (1); + ``(ii) estimates of costs and resources needed to + establish and improve the network under paragraph (1) + according to the strategy and implementation plan under + subparagraph (A); + ``(iii) the identification of gaps and inefficiencies + in nationwide public health situational awareness and + biosurveillance capabilities, resources, and authorities + needed to address such gaps; and + ``(iv) a strategy to minimize and address such gaps and + improve inefficiencies.''; + (G) in paragraph (7), as so redesignated-- + (i) in subparagraph (A), by inserting ``(taking into + account zoonotic disease, including gaps in scientific + understanding of the interactions between human, animal, + and environmental health)'' after ``human health''; + (ii) in subparagraph (B)-- + + (I) by inserting ``and gaps in surveillance + programs'' after ``surveillance programs''; and + (II) by striking ``; and'' and inserting a + semicolon; + + (iii) in subparagraph (C)-- + + (I) by inserting ``, animal health organizations + related to zoonotic disease,'' after ``health care + entities''; and + (II) by striking the period and inserting ``; + and''; and + + (iv) by adding at the end the following: + ``(D) provide recommendations to the Secretary on policies + and procedures to complete the steps described in this + paragraph in a manner that is consistent with section 2802.''; + and + (H) by adding at the end the following: + ``(8) Situational awareness and biosurveillance as a national + security priority.--The Secretary, on a periodic basis as + applicable and appropriate, shall meet with the Director of + National Intelligence to inform the development and capabilities of + the nationwide public health situational awareness and + biosurveillance network.''; + (5) in subsection (d)-- + (A) in paragraph (1)-- + (i) by inserting ``environmental health agencies,'' + after ``public health agencies,''; and + (ii) by inserting ``immunization programs,'' after + ``poison control centers,''; + (B) in paragraph (2)-- + (i) in subparagraph (B), by striking ``and'' at the + end; + (ii) in subparagraph (C), by striking the period and + inserting ``; and''; and + (iii) by adding after subparagraph (C) the following: + ``(D) an implementation plan that may include measurable + steps to achieve the purposes described in paragraph (1).''; + and + (C) by striking paragraph (5) and inserting the following: + ``(5) Technical assistance.--The Secretary may provide + technical assistance to States, localities, Tribes, and territories + or a consortium of States, localities, Tribes, and territories + receiving an award under this subsection regarding interoperability + and the technical standards set forth by the Secretary.''; + (6) by redesignating subsections (f) and (g) as subsections (i) + and (j), respectively; and + (7) by inserting after subsection (e) the following: ``(f) Personnel Authorities.-- - ``(1) Specially qualified personnel.--In addition to any - other personnel authorities, to carry out subsections (b) and - (c), the Secretary may-- - ``(A) appoint highly qualified individuals to - scientific or professional positions at the Centers for - Disease Control and Prevention, not to exceed 30 such - employees at any time (specific to positions authorized - by this subsection), with expertise in capabilities - relevant to biosurveillance and situational awareness, - such as experts in informatics and data analytics - (including experts in prediction, modeling, or - forecasting), and other related scientific or technical - fields; and - ``(B) compensate individuals appointed under - subparagraph (A) in the same manner and subject to the - same terms and conditions in which individuals - appointed under 9903 of title 5, United States Code, - are compensated, without regard to the provisions of - chapter 51 and subchapter III of chapter 53 of such - title relating to classification and General Schedule - pay rates. - ``(2) Limitations.--The Secretary shall exercise the - authority under paragraph (1) in a manner that is consistent - with the limitations described in section 319F-1(e)(2). + ``(1) Specially qualified personnel.--In addition to any other + personnel authorities, to carry out subsections (b) and (c), the + Secretary may-- + ``(A) appoint highly qualified individuals to scientific or + professional positions at the Centers for Disease Control and + Prevention, not to exceed 30 such employees at any time + (specific to positions authorized by this subsection), with + expertise in capabilities relevant to biosurveillance and + situational awareness, such as experts in informatics and data + analytics (including experts in prediction, modeling, or + forecasting), and other related scientific or technical fields; + and + ``(B) compensate individuals appointed under subparagraph + (A) in the same manner and subject to the same terms and + conditions in which individuals appointed under 9903 of title + 5, United States Code, are compensated, without regard to the + provisions of chapter 51 and subchapter III of chapter 53 of + such title relating to classification and General Schedule pay + rates. + ``(2) Limitations.--The Secretary shall exercise the authority + under paragraph (1) in a manner that is consistent with the + limitations described in section 319F-1(e)(2). ``(g) Timeline.--The Secretary shall accomplish the purposes under subsections (b) and (c) no later than September 30, 2023, and shall provide a justification to the congressional committees of jurisdiction @@ -1222,238 +1092,209 @@ Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate on the state of Federal biological threat detection efforts, including the following: - (1) An identification of technological, operational, and - programmatic successes and failures of domestic detection - programs supported by Federal departments and agencies for - intentionally introduced or accidentally released biological - threat agents and naturally occurring infectious diseases. - (2) A description of Federal efforts to facilitate the - exchange of information related to the information described in - paragraph (1) among Federal departments and agencies that - utilize biological threat detection technology. - (3) A description of the capabilities of detection systems - in use by Federal departments and agencies including the - capability to-- - (A) rapidly detect, identify, characterize, and - confirm the presence of biological threat agents; - (B) recover live biological agents from collection - devices; - (C) determine the geographical distribution of - biological agents; - (D) determine the extent of environmental - contamination and persistence of biological agents; and - (E) provide advanced molecular diagnostics to - State, local, Tribal, and territorial public health and - other laboratories that support biological threat - detection activities. - (4) A description of Federal interagency coordination - related to biological threat detection. - (5) A description of efforts by Federal departments and - agencies that utilize biological threat detection technology to - collaborate with State, local, Tribal, and territorial public - health laboratories and other users of biological threat - detection systems, including collaboration regarding the - development of-- - (A) biological threat detection requirements or - standards; - (B) a standardized integration strategy; - (C) training requirements or guidelines; - (D) guidelines for a coordinated public health - response, including preparedness capabilities, and, as - applicable, for coordination with public health - surveillance systems; and - (E) a coordinated environmental remediation plan, - as applicable. - (6) Recommendations related to research, advanced research, - development, and procurement for Federal departments and - agencies to improve and enhance biological threat detection - systems, including recommendations on the transfer of - biological threat detection technology among Federal - departments and agencies, as necessary and appropriate. - -SEC. 206. STRENGTHENING AND SUPPORTING THE PUBLIC HEALTH EMERGENCY - RAPID RESPONSE FUND. - + (1) An identification of technological, operational, and + programmatic successes and failures of domestic detection programs + supported by Federal departments and agencies for intentionally + introduced or accidentally released biological threat agents and + naturally occurring infectious diseases. + (2) A description of Federal efforts to facilitate the exchange + of information related to the information described in paragraph + (1) among Federal departments and agencies that utilize biological + threat detection technology. + (3) A description of the capabilities of detection systems in + use by Federal departments and agencies including the capability + to-- + (A) rapidly detect, identify, characterize, and confirm the + presence of biological threat agents; + (B) recover live biological agents from collection devices; + (C) determine the geographical distribution of biological + agents; + (D) determine the extent of environmental contamination and + persistence of biological agents; and + (E) provide advanced molecular diagnostics to State, local, + Tribal, and territorial public health and other laboratories + that support biological threat detection activities. + (4) A description of Federal interagency coordination related + to biological threat detection. + (5) A description of efforts by Federal departments and + agencies that utilize biological threat detection technology to + collaborate with State, local, Tribal, and territorial public + health laboratories and other users of biological threat detection + systems, including collaboration regarding the development of-- + (A) biological threat detection requirements or standards; + (B) a standardized integration strategy; + (C) training requirements or guidelines; + (D) guidelines for a coordinated public health response, + including preparedness capabilities, and, as applicable, for + coordination with public health surveillance systems; and + (E) a coordinated environmental remediation plan, as + applicable. + (6) Recommendations related to research, advanced research, + development, and procurement for Federal departments and agencies + to improve and enhance biological threat detection systems, + including recommendations on the transfer of biological threat + detection technology among Federal departments and agencies, as + necessary and appropriate. + SEC. 206. STRENGTHENING AND SUPPORTING THE PUBLIC HEALTH EMERGENCY + RAPID RESPONSE FUND. Section 319 (42 U.S.C. 247d) is amended-- - (1) in subsection (b)-- - (A) in paragraph (1)-- - (i) in the first sentence, by inserting - ``or if the Secretary determines there is the - significant potential for a public health - emergency, to allow the Secretary to rapidly - respond to the immediate needs resulting from - such public health emergency or potential - public health emergency'' before the period; - and - (ii) by inserting ``The Secretary shall - plan for the expedited distribution of funds to - appropriate agencies and entities.'' after the - first sentence; - (B) by redesignating paragraph (2) as paragraph - (3); - (C) by inserting after paragraph (1) the following: - ``(2) Uses.--The Secretary may use amounts in the Fund - established under paragraph (1), to-- - ``(A) facilitate coordination between and among - Federal, State, local, Tribal, and territorial entities - and public and private health care entities that the - Secretary determines may be affected by a public health - emergency or potential public health emergency referred - to in paragraph (1) (including communication of such - entities with relevant international entities, as - applicable); - ``(B) make grants, provide for awards, enter into - contracts, and conduct supportive investigations - pertaining to a public health emergency or potential - public health emergency, including further supporting - programs under section 319C-1, 319C-2, or 319C-3; - ``(C) facilitate and accelerate, as applicable, - advanced research and development of security - countermeasures (as defined in section 319F-2), - qualified countermeasures (as defined in section 319F- - 1), or qualified pandemic or epidemic products (as - defined in section 319F-3), that are applicable to the - public health emergency or potential public health - emergency under paragraph (1); - ``(D) strengthen biosurveillance capabilities and - laboratory capacity to identify, collect, and analyze - information regarding such public health emergency or - potential public health emergency, including the - systems under section 319D; - ``(E) support initial emergency operations and - assets related to preparation and deployment of - intermittent disaster response personnel under section - 2812 and the Medical Reserve Corps under section 2813; - and - ``(F) carry out other activities, as the Secretary - determines applicable and appropriate.''; and - (D) by inserting after paragraph (3), as so - redesignated, the following: - ``(4) Review.--Not later than 2 years after the date of - enactment of the Pandemic and All-Hazards Preparedness and - Advancing Innovation Act of 2019, the Secretary, in - coordination with the Assistant Secretary for Preparedness and - Response, shall conduct a review of the Fund under this section - and provide recommendations to the Committee on Health, - Education, Labor, and Pensions and the Committee on - Appropriations of the Senate and the Committee on Energy and - Commerce and the Committee on Appropriations of the House of - Representatives on policies to improve such Fund for the uses - described in paragraph (2). - ``(5) GAO report.--Not later than 4 years after the date of - enactment of the Pandemic and All-Hazards Preparedness and - Advancing Innovation Act of 2019, the Comptroller General of - the United States shall-- - ``(A) conduct a review of the Fund under this - section, including its uses and the resources available - in the Fund; and - ``(B) submit to the Committee on Health, Education, - Labor, and Pensions of the Senate and the Committee on - Energy and Commerce of the House of Representatives a - report on such review, including recommendations - related to such review, as applicable.''; and - (2) in subsection (c)-- - (A) by inserting ``rapidly respond to public health - emergencies or potential public health emergencies - and'' after ``used to''; and - (B) by striking ``section.'' and inserting ``Act or - funds otherwise provided for emergency response.''. - -SEC. 207. IMPROVING ALL-HAZARDS PREPAREDNESS AND RESPONSE BY PUBLIC - HEALTH EMERGENCY VOLUNTEERS. - + (1) in subsection (b)-- + (A) in paragraph (1)-- + (i) in the first sentence, by inserting ``or if the + Secretary determines there is the significant potential for + a public health emergency, to allow the Secretary to + rapidly respond to the immediate needs resulting from such + public health emergency or potential public health + emergency'' before the period; and + (ii) by inserting ``The Secretary shall plan for the + expedited distribution of funds to appropriate agencies and + entities.'' after the first sentence; + (B) by redesignating paragraph (2) as paragraph (3); + (C) by inserting after paragraph (1) the following: + ``(2) Uses.--The Secretary may use amounts in the Fund + established under paragraph (1), to-- + ``(A) facilitate coordination between and among Federal, + State, local, Tribal, and territorial entities and public and + private health care entities that the Secretary determines may + be affected by a public health emergency or potential public + health emergency referred to in paragraph (1) (including + communication of such entities with relevant international + entities, as applicable); + ``(B) make grants, provide for awards, enter into + contracts, and conduct supportive investigations pertaining to + a public health emergency or potential public health emergency, + including further supporting programs under section 319C-1, + 319C-2, or 319C-3; + ``(C) facilitate and accelerate, as applicable, advanced + research and development of security countermeasures (as + defined in section 319F-2), qualified countermeasures (as + defined in section 319F-1), or qualified pandemic or epidemic + products (as defined in section 319F-3), that are applicable to + the public health emergency or potential public health + emergency under paragraph (1); + ``(D) strengthen biosurveillance capabilities and + laboratory capacity to identify, collect, and analyze + information regarding such public health emergency or potential + public health emergency, including the systems under section + 319D; + ``(E) support initial emergency operations and assets + related to preparation and deployment of intermittent disaster + response personnel under section 2812 and the Medical Reserve + Corps under section 2813; and + ``(F) carry out other activities, as the Secretary + determines applicable and appropriate.''; and + (D) by inserting after paragraph (3), as so redesignated, + the following: + ``(4) Review.--Not later than 2 years after the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, the Secretary, in coordination + with the Assistant Secretary for Preparedness and Response, shall + conduct a review of the Fund under this section and provide + recommendations to the Committee on Health, Education, Labor, and + Pensions and the Committee on Appropriations of the Senate and the + Committee on Energy and Commerce and the Committee on + Appropriations of the House of Representatives on policies to + improve such Fund for the uses described in paragraph (2). + ``(5) GAO report.--Not later than 4 years after the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, the Comptroller General of the + United States shall-- + ``(A) conduct a review of the Fund under this section, + including its uses and the resources available in the Fund; and + ``(B) submit to the Committee on Health, Education, Labor, + and Pensions of the Senate and the Committee on Energy and + Commerce of the House of Representatives a report on such + review, including recommendations related to such review, as + applicable.''; and + (2) in subsection (c)-- + (A) by inserting ``rapidly respond to public health + emergencies or potential public health emergencies and'' after + ``used to''; and + (B) by striking ``section.'' and inserting ``Act or funds + otherwise provided for emergency response.''. + SEC. 207. IMPROVING ALL-HAZARDS PREPAREDNESS AND RESPONSE BY PUBLIC + HEALTH EMERGENCY VOLUNTEERS. (a) In General.--Section 319I (42 U.S.C. 247d-7b) is amended-- - (1) in the section heading, by striking ``health - professions volunteers'' and inserting ``volunteer health - professional''; - (2) in subsection (a), by adding at the end the following: - ``Such health care professionals may include members of the - National Disaster Medical System, members of the Medical - Reserve Corps, and individual health care professionals.''; - (3) in subsection (i), by adding at the end the following: - ``In order to inform the development of such mechanisms by - States, the Secretary shall make available information and - material provided by States that have developed mechanisms to - waive the application of licensing requirements to applicable - health professionals seeking to provide medical services during - a public health emergency. Such information shall be made - publicly available in a manner that does not compromise - national security.''; and - (4) in subsection (k), by striking ``2014 through 2018'' - and inserting ``2019 through 2023''. + (1) in the section heading, by striking ``health professions + volunteers'' and inserting ``volunteer health professional''; + (2) in subsection (a), by adding at the end the following: + ``Such health care professionals may include members of the + National Disaster Medical System, members of the Medical Reserve + Corps, and individual health care professionals.''; + (3) in subsection (i), by adding at the end the following: ``In + order to inform the development of such mechanisms by States, the + Secretary shall make available information and material provided by + States that have developed mechanisms to waive the application of + licensing requirements to applicable health professionals seeking + to provide medical services during a public health emergency. Such + information shall be made publicly available in a manner that does + not compromise national security.''; and + (4) in subsection (k), by striking ``2014 through 2018'' and + inserting ``2019 through 2023''. (b) All-Hazards Public Health Emergency Preparedness and Response Plan.--Section 319C-1(b)(2)(A)(iv) (42 U.S.C. 247d-3a(b)(2)(A)(iv)) is amended to read as follows: - ``(iv) a description of the mechanism the entity - will implement to utilize the Emergency Management - Assistance Compact, or other mutual aid agreement, for - medical and public health mutual aid, and, as - appropriate, the activities such entity will implement - pursuant to section 319I to improve enrollment and - coordination of volunteer health care professionals - seeking to provide medical services during a public - health emergency, which may include-- - ``(I) providing a public method of - communication for purposes of volunteer - coordination (such as a phone number); - ``(II) providing for optional registration - to participate in volunteer services during - processes related to State medical licensing, - registration, or certification or renewal of - such licensing, registration, or certification; - or - ``(III) other mechanisms as the State - determines appropriate;''. - -SEC. 208. CLARIFYING STATE LIABILITY LAW FOR VOLUNTEER HEALTH CARE - PROFESSIONALS. - + ``(iv) a description of the mechanism the entity will + implement to utilize the Emergency Management Assistance + Compact, or other mutual aid agreement, for medical and public + health mutual aid, and, as appropriate, the activities such + entity will implement pursuant to section 319I to improve + enrollment and coordination of volunteer health care + professionals seeking to provide medical services during a + public health emergency, which may include-- + ``(I) providing a public method of communication for + purposes of volunteer coordination (such as a phone + number); + ``(II) providing for optional registration to + participate in volunteer services during processes related + to State medical licensing, registration, or certification + or renewal of such licensing, registration, or + certification; or + ``(III) other mechanisms as the State determines + appropriate;''. + SEC. 208. CLARIFYING STATE LIABILITY LAW FOR VOLUNTEER HEALTH CARE + PROFESSIONALS. (a) In General.--Title II (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following: - -``SEC. 225. HEALTH CARE PROFESSIONALS ASSISTING DURING A PUBLIC HEALTH - EMERGENCY. - + ``SEC. 225. HEALTH CARE PROFESSIONALS ASSISTING DURING A PUBLIC + HEALTH EMERGENCY. ``(a) Limitation on Liability.--Notwithstanding any other provision of law, a health care professional who is a member of the Medical Reserve Corps under section 2813 or who is included in the Emergency System for Advance Registration of Volunteer Health Professionals under section 319I and who-- - ``(1) is responding-- - ``(A) to a public health emergency determined under - section 319(a), during the initial period of not more - than 90 days (as determined by the Secretary) of the - public health emergency determination (excluding any - period covered by a renewal of such determination); or - ``(B) to a major disaster or an emergency as - declared by the President under section 401 of the - Robert T. Stafford Disaster Relief and Emergency - Assistance Act (42 U.S.C. 5170) or under section 201 of - the National Emergencies Act (50 U.S.C. 1621) during - the initial period of such declaration; - ``(2) is alleged to be liable for an act or omission-- - ``(A) during the initial period of a determination - or declaration described in paragraph (1) and related - to the treatment of individuals in need of health care - services due to such public health emergency, major - disaster, or emergency; - ``(B) in the State or States for which such - determination or declaration is made; - ``(C) in the health care professional's capacity as - a member of the Medical Reserve Corps or a professional - included in the Emergency System for Advance - Registration of Volunteer Health Professionals under - section 319I; and - ``(D) in the course of providing services that are - within the scope of the license, registration, or - certification of the professional, as defined by the - State of licensure, registration, or certification; and - ``(3) prior to the rendering of such act or omission, was - authorized by the State's authorization of deploying such - State's Emergency System for Advance Registration of Volunteer - Health Professionals described in section 319I or the Medical - Reserve Corps established under section 2813, to provide health - care services, + ``(1) is responding-- + ``(A) to a public health emergency determined under section + 319(a), during the initial period of not more than 90 days (as + determined by the Secretary) of the public health emergency + determination (excluding any period covered by a renewal of + such determination); or + ``(B) to a major disaster or an emergency as declared by + the President under section 401 of the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) + or under section 201 of the National Emergencies Act (50 U.S.C. + 1621) during the initial period of such declaration; + ``(2) is alleged to be liable for an act or omission-- + ``(A) during the initial period of a determination or + declaration described in paragraph (1) and related to the + treatment of individuals in need of health care services due to + such public health emergency, major disaster, or emergency; + ``(B) in the State or States for which such determination + or declaration is made; + ``(C) in the health care professional's capacity as a + member of the Medical Reserve Corps or a professional included + in the Emergency System for Advance Registration of Volunteer + Health Professionals under section 319I; and + ``(D) in the course of providing services that are within + the scope of the license, registration, or certification of the + professional, as defined by the State of licensure, + registration, or certification; and + ``(3) prior to the rendering of such act or omission, was + authorized by the State's authorization of deploying such State's + Emergency System for Advance Registration of Volunteer Health + Professionals described in section 319I or the Medical Reserve + Corps established under section 2813, to provide health care + services, shall be subject only to the State liability laws of the State in which such act or omission occurred, in the same manner and to the same extent as a similar health care professional who is a resident of such @@ -1468,355 +1309,320 @@ subsection (a) to the liability laws of any State other than the State liability laws to which such individual is subject pursuant to such subsection. ``(d) Definitions.--In this section: - ``(1) The term `health care professional' means an - individual licensed, registered, or certified under Federal or - State laws or regulations to provide health care services. - ``(2) The term `health care services' means any services - provided by a health care professional, or by any individual - working under the supervision of a health care professional, - that relate to-- - ``(A) the diagnosis, prevention, or treatment of - any human disease or impairment; or - ``(B) the assessment or care of the health of human - beings. + ``(1) The term `health care professional' means an individual + licensed, registered, or certified under Federal or State laws or + regulations to provide health care services. + ``(2) The term `health care services' means any services + provided by a health care professional, or by any individual + working under the supervision of a health care professional, that + relate to-- + ``(A) the diagnosis, prevention, or treatment of any human + disease or impairment; or + ``(B) the assessment or care of the health of human beings. ``(e) Effective Date.-- - ``(1) In general.--This section shall take effect 90 days - after the date of the enactment of the Pandemic and All-Hazards - Preparedness and Advancing Innovation Act of 2019. - ``(2) Application.--This section shall apply to a claim for - harm only if the act or omission that caused such harm occurred - on or after the effective date described in paragraph (1).''. + ``(1) In general.--This section shall take effect 90 days after + the date of the enactment of the Pandemic and All-Hazards + Preparedness and Advancing Innovation Act of 2019. + ``(2) Application.--This section shall apply to a claim for + harm only if the act or omission that caused such harm occurred on + or after the effective date described in paragraph (1).''. (b) GAO Study.--Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of-- - (1) the number of health care providers who register under - the Emergency System for Advance Registration of Volunteer - Health Professionals under section 319I of the Public Health - Service Act (42 U.S.C. 247d-7b) in advance to provide services - during a public health emergency; - (2) the number of health care providers who are - credentialed to provide services during the period of a public - health emergency declaration, including those who are - credentialed though programs established in the Emergency - System for Advance Registration of Volunteer Health - Professionals under such section 319I and those credentialed by - authorities within the State in which the emergency occurred; - (3) the average time to verify the credentials of a health - care provider during the period of a public health emergency - declaration, including the average time pursuant to the - Emergency System for Advance Registration of Volunteer Health - Professionals under such section 319I and for an individual's - credentials to be verified by an authority within the State; - and - (4) the Emergency System for Advance Registration of - Volunteer Health Professionals program in States, including - whether physician or medical groups, associations, or other - relevant provider organizations utilize such program for - purposes of volunteering during public health emergencies. - -SEC. 209. REPORT ON ADEQUATE NATIONAL BLOOD SUPPLY. - + (1) the number of health care providers who register under the + Emergency System for Advance Registration of Volunteer Health + Professionals under section 319I of the Public Health Service Act + (42 U.S.C. 247d-7b) in advance to provide services during a public + health emergency; + (2) the number of health care providers who are credentialed to + provide services during the period of a public health emergency + declaration, including those who are credentialed though programs + established in the Emergency System for Advance Registration of + Volunteer Health Professionals under such section 319I and those + credentialed by authorities within the State in which the emergency + occurred; + (3) the average time to verify the credentials of a health care + provider during the period of a public health emergency + declaration, including the average time pursuant to the Emergency + System for Advance Registration of Volunteer Health Professionals + under such section 319I and for an individual's credentials to be + verified by an authority within the State; and + (4) the Emergency System for Advance Registration of Volunteer + Health Professionals program in States, including whether physician + or medical groups, associations, or other relevant provider + organizations utilize such program for purposes of volunteering + during public health emergencies. + SEC. 209. REPORT ON ADEQUATE NATIONAL BLOOD SUPPLY. Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations related to maintaining an adequate national blood supply, including-- - (1) challenges associated with the continuous recruitment - of blood donors (including those newly eligible to donate); - (2) ensuring the adequacy of the blood supply in the case - of public health emergencies; - (3) implementation of the transfusion transmission - monitoring system; and - (4) other measures to promote safety and innovation, such - as the development, use, or implementation of new technologies, - processes, and procedures to improve the safety and reliability - of the blood supply. - -SEC. 210. REPORT ON THE PUBLIC HEALTH PREPAREDNESS AND RESPONSE - CAPABILITIES AND CAPACITIES OF HOSPITALS, LONG-TERM CARE - FACILITIES, AND OTHER HEALTH CARE FACILITIES. - + (1) challenges associated with the continuous recruitment of + blood donors (including those newly eligible to donate); + (2) ensuring the adequacy of the blood supply in the case of + public health emergencies; + (3) implementation of the transfusion transmission monitoring + system; and + (4) other measures to promote safety and innovation, such as + the development, use, or implementation of new technologies, + processes, and procedures to improve the safety and reliability of + the blood supply. + SEC. 210. REPORT ON THE PUBLIC HEALTH PREPAREDNESS AND RESPONSE + CAPABILITIES AND CAPACITIES OF HOSPITALS, LONG-TERM CARE + FACILITIES, AND OTHER HEALTH CARE FACILITIES. (a) Study.-- - (1) In general.--Not later than one year after the date of - enactment of this Act, the Secretary of Health and Human - Services shall enter into an agreement with an appropriate - entity to conduct a study regarding the public health + (1) In general.--Not later than one year after the date of + enactment of this Act, the Secretary of Health and Human Services + shall enter into an agreement with an appropriate entity to conduct + a study regarding the public health preparedness and response + capabilities and medical surge capacities of hospitals, long-term + care facilities, and other health care facilities to prepare for, + and respond to, public health emergencies, including natural + disasters. + (2) Consultation.--In conducting the study under paragraph (1), + the entity shall consult with Federal, State, local, Tribal, and + territorial public health officials (as appropriate), and health + care providers and facilities with experience in public health + preparedness and response activities. + (3) Evaluation.--The study under paragraph (1) shall include-- + (A) an evaluation of the current benchmarks and objective + standards, as applicable, related to programs that support + hospitals, long-term care facilities, and other health care + facilities, and their effect on improving public health preparedness and response capabilities and medical surge - capacities of hospitals, long-term care facilities, and other - health care facilities to prepare for, and respond to, public - health emergencies, including natural disasters. - (2) Consultation.--In conducting the study under paragraph - (1), the entity shall consult with Federal, State, local, - Tribal, and territorial public health officials (as - appropriate), and health care providers and facilities with - experience in public health preparedness and response - activities. - (3) Evaluation.--The study under paragraph (1) shall - include-- - (A) an evaluation of the current benchmarks and - objective standards, as applicable, related to programs - that support hospitals, long-term care facilities, and - other health care facilities, and their effect on - improving public health preparedness and response - capabilities and medical surge capacities, including - the Hospital Preparedness Program, the Public Health - Emergency Preparedness cooperative agreements, and the - Regional Health Care Emergency Preparedness and - Response Systems under section 319C-3 of the Public - Health Service Act (as added by section 203); - (B) the identification of gaps in preparedness, - including with respect to such benchmarks and objective - standards, such as those identified during recent - public health emergencies, for hospitals, long-term - care facilities, and other health care facilities to - address future potential public health threats; - (C) an evaluation of coordination efforts between - the recipients of Federal funding for programs - described in subparagraph (A) and entities with - expertise in emergency power systems and other critical - infrastructure partners during a public health - emergency, to ensure a functioning critical - infrastructure, to the greatest extent practicable, - during a public health emergency; - (D) an evaluation of coordination efforts between - the recipients of Federal funding for programs - described in subparagraph (A) and environmental health - agencies with expertise in emergency preparedness and - response planning for hospitals, long-term care - facilities, and other health care facilities; and - (E) an evaluation of current public health - preparedness and response capabilities and medical - surge capacities related to at-risk individuals during - public health emergencies, including an identification - of gaps in such preparedness as they relate to such - individuals. + capacities, including the Hospital Preparedness Program, the + Public Health Emergency Preparedness cooperative agreements, + and the Regional Health Care Emergency Preparedness and + Response Systems under section 319C-3 of the Public Health + Service Act (as added by section 203); + (B) the identification of gaps in preparedness, including + with respect to such benchmarks and objective standards, such + as those identified during recent public health emergencies, + for hospitals, long-term care facilities, and other health care + facilities to address future potential public health threats; + (C) an evaluation of coordination efforts between the + recipients of Federal funding for programs described in + subparagraph (A) and entities with expertise in emergency power + systems and other critical infrastructure partners during a + public health emergency, to ensure a functioning critical + infrastructure, to the greatest extent practicable, during a + public health emergency; + (D) an evaluation of coordination efforts between the + recipients of Federal funding for programs described in + subparagraph (A) and environmental health agencies with + expertise in emergency preparedness and response planning for + hospitals, long-term care facilities, and other health care + facilities; and + (E) an evaluation of current public health preparedness and + response capabilities and medical surge capacities related to + at-risk individuals during public health emergencies, including + an identification of gaps in such preparedness as they relate + to such individuals. (b) Report.-- - (1) In general.--The agreement under subsection (a) shall - require the entity to submit to the Secretary of Health and - Human Services and the congressional committees of - jurisdiction, not later than 3 years after the date of - enactment of this Act, a report on the results of the study - conducted pursuant to this section. - (2) Contents.--The report under paragraph (1) shall-- - (A) describe the findings and conclusions of the - evaluation conducted pursuant to subsection (a); and - (B) provide recommendations for improving public - health preparedness and response capability and medical - surge capacity for hospitals, long-term care - facilities, and other health care facilities, - including-- - (i) improving the existing benchmarks and - objective standards for the Federal grant - programs described in subsection (a)(3)(A) or - developing new benchmarks and standards for - such programs; and - (ii) identifying best practices for - improving public health preparedness and - response programs and medical surge capacity at - hospitals, long-term care facilities, and other - health care facilities, including - recommendations for the evaluation under - subparagraphs (C) and (D) of subsection (a)(3). + (1) In general.--The agreement under subsection (a) shall + require the entity to submit to the Secretary of Health and Human + Services and the congressional committees of jurisdiction, not + later than 3 years after the date of enactment of this Act, a + report on the results of the study conducted pursuant to this + section. + (2) Contents.--The report under paragraph (1) shall-- + (A) describe the findings and conclusions of the evaluation + conducted pursuant to subsection (a); and + (B) provide recommendations for improving public health + preparedness and response capability and medical surge capacity + for hospitals, long-term care facilities, and other health care + facilities, including-- + (i) improving the existing benchmarks and objective + standards for the Federal grant programs described in + subsection (a)(3)(A) or developing new benchmarks and + standards for such programs; and + (ii) identifying best practices for improving public + health preparedness and response programs and medical surge + capacity at hospitals, long-term care facilities, and other + health care facilities, including recommendations for the + evaluation under subparagraphs (C) and (D) of subsection + (a)(3). TITLE III--REACHING ALL COMMUNITIES -SEC. 301. STRENGTHENING AND ASSESSING THE EMERGENCY RESPONSE WORKFORCE. - + SEC. 301. STRENGTHENING AND ASSESSING THE EMERGENCY RESPONSE + WORKFORCE. (a) National Disaster Medical System.-- - (1) Strengthening the national disaster medical system.-- - Clause (ii) of section 2812(a)(3)(A) (42 U.S.C. 300hh- - 11(a)(3)(A)) is amended to read as follows: - ``(ii) be present at locations, and for - limited periods of time, specified by the - Secretary on the basis that the Secretary has - determined that a location is at risk of a - public health emergency during the time - specified, or there is a significant potential - for a public health emergency.''. - (2) Review of the national disaster medical system.-- - Section 2812(b)(2) (42 U.S.C. 300hh-11(b)(2)) is amended to - read as follows: - ``(2) Joint review and medical surge capacity strategic - plan.-- - ``(A) Review.--Not later than 180 days after the - date of enactment of the Pandemic and All-Hazards - Preparedness and Advancing Innovation Act of 2019, the - Secretary, in coordination with the Secretary of - Homeland Security, the Secretary of Defense, and the - Secretary of Veterans Affairs, shall conduct a joint - review of the National Disaster Medical System. Such - review shall include-- - ``(i) an evaluation of medical surge - capacity, as described in section 2803(a); - ``(ii) an assessment of the available - workforce of the intermittent disaster response - personnel described in subsection (c); - ``(iii) the capacity of the workforce - described in clause (ii) to respond to all - hazards, including capacity to simultaneously - respond to multiple public health emergencies - and the capacity to respond to a nationwide - public health emergency; - ``(iv) the effectiveness of efforts to - recruit, retain, and train such workforce; and - ``(v) gaps that may exist in such workforce - and recommendations for addressing such gaps. - ``(B) Updates.--As part of the National Health - Security Strategy under section 2802, the Secretary - shall update the findings from the review under - subparagraph (A) and provide recommendations to modify - the policies of the National Disaster Medical System as - necessary.''. - (3) Notification of shortage.--Section 2812(c) (42 U.S.C. - 300hh-11(c)) is amended by adding at the end the following: - ``(3) Notification.--Not later than 30 days after the date - on which the Secretary determines the number of intermittent - disaster-response personnel of the National Disaster Medical - System is insufficient to address a public health emergency or - potential public health emergency, the Secretary shall submit - to the congressional committees of jurisdiction a notification - detailing-- - ``(A) the impact such shortage could have on - meeting public health needs and emergency medical - personnel needs during a public health emergency; and - ``(B) any identified measures to address such - shortage. - ``(4) Certain appointments.-- - ``(A) In general.--If the Secretary determines that - the number of intermittent disaster response personnel - within the National Disaster Medical System under this - section is insufficient to address a public health - emergency or potential public health emergency, the - Secretary may appoint candidates directly to personnel - positions for intermittent disaster response within - such system. The Secretary shall provide updates on the - number of vacant or unfilled positions within such - system to the congressional committees of jurisdiction - each quarter for which this authority is in effect. - ``(B) Sunset.--The authority under this paragraph - shall expire on September 30, 2021.''. - (4) Authorization of appropriations.--Section 2812(g) (42 - U.S.C. 300hh-11(g)) is amended by striking ``$52,700,000 for - each of fiscal years 2014 through 2018'' and inserting - ``$57,400,000 for each of fiscal years 2019 through 2023''. + (1) Strengthening the national disaster medical system.--Clause + (ii) of section 2812(a)(3)(A) (42 U.S.C. 300hh-11(a)(3)(A)) is + amended to read as follows: + ``(ii) be present at locations, and for limited periods + of time, specified by the Secretary on the basis that the + Secretary has determined that a location is at risk of a + public health emergency during the time specified, or there + is a significant potential for a public health + emergency.''. + (2) Review of the national disaster medical system.--Section + 2812(b)(2) (42 U.S.C. 300hh-11(b)(2)) is amended to read as + follows: + ``(2) Joint review and medical surge capacity strategic plan.-- + ``(A) Review.--Not later than 180 days after the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, the Secretary, in + coordination with the Secretary of Homeland Security, the + Secretary of Defense, and the Secretary of Veterans Affairs, + shall conduct a joint review of the National Disaster Medical + System. Such review shall include-- + ``(i) an evaluation of medical surge capacity, as + described in section 2803(a); + ``(ii) an assessment of the available workforce of the + intermittent disaster response personnel described in + subsection (c); + ``(iii) the capacity of the workforce described in + clause (ii) to respond to all hazards, including capacity + to simultaneously respond to multiple public health + emergencies and the capacity to respond to a nationwide + public health emergency; + ``(iv) the effectiveness of efforts to recruit, retain, + and train such workforce; and + ``(v) gaps that may exist in such workforce and + recommendations for addressing such gaps. + ``(B) Updates.--As part of the National Health Security + Strategy under section 2802, the Secretary shall update the + findings from the review under subparagraph (A) and provide + recommendations to modify the policies of the National Disaster + Medical System as necessary.''. + (3) Notification of shortage.--Section 2812(c) (42 U.S.C. + 300hh-11(c)) is amended by adding at the end the following: + ``(3) Notification.--Not later than 30 days after the date on + which the Secretary determines the number of intermittent disaster- + response personnel of the National Disaster Medical System is + insufficient to address a public health emergency or potential + public health emergency, the Secretary shall submit to the + congressional committees of jurisdiction a notification detailing-- + ``(A) the impact such shortage could have on meeting public + health needs and emergency medical personnel needs during a + public health emergency; and + ``(B) any identified measures to address such shortage. + ``(4) Certain appointments.-- + ``(A) In general.--If the Secretary determines that the + number of intermittent disaster response personnel within the + National Disaster Medical System under this section is + insufficient to address a public health emergency or potential + public health emergency, the Secretary may appoint candidates + directly to personnel positions for intermittent disaster + response within such system. The Secretary shall provide + updates on the number of vacant or unfilled positions within + such system to the congressional committees of jurisdiction + each quarter for which this authority is in effect. + ``(B) Sunset.--The authority under this paragraph shall + expire on September 30, 2021.''. + (4) Authorization of appropriations.--Section 2812(g) (42 + U.S.C. 300hh-11(g)) is amended by striking ``$52,700,000 for each + of fiscal years 2014 through 2018'' and inserting ``$57,400,000 for + each of fiscal years 2019 through 2023''. (b) Volunteer Medical Reserve Corps.-- - (1) In general.--Section 2813(a) (42 U.S.C. 42 U.S.C. - 300hh-15(a)) is amended by striking the second sentence and - inserting ``The Secretary may appoint a Director to head the - Corps and oversee the activities of the Corps chapters that - exist at the State, local, Tribal, and territorial levels.''. - (2) Authorization of appropriations.--Section 2813(i) (42 - U.S.C. 300hh-15(i)) is amended by striking ``2014 through - 2018'' and inserting ``2019 through 2023''. + (1) In general.--Section 2813(a) (42 U.S.C. 42 U.S.C. 300hh- + 15(a)) is amended by striking the second sentence and inserting + ``The Secretary may appoint a Director to head the Corps and + oversee the activities of the Corps chapters that exist at the + State, local, Tribal, and territorial levels.''. + (2) Authorization of appropriations.--Section 2813(i) (42 + U.S.C. 300hh-15(i)) is amended by striking ``2014 through 2018'' + and inserting ``2019 through 2023''. (c) Strengthening the Epidemic Intelligence Service.--Section 317F (42 U.S.C. Sec. 247b-7) is amended-- - (1) in subsection (a)-- - (A) in paragraph (1)-- - (i) by inserting ``or preparedness and - response activities, including rapid response - to public health emergencies and significant - public health threats'' after ``conduct - prevention activities''; and - (ii) by striking ``$35,000'' and inserting - ``$50,000''; and - (B) in paragraph (2)(B), by striking ``3 years'' - and inserting ``2 years''; and - (2) in subsection (c)-- - (A) by striking ``For the purpose of carrying out - this section'' and inserting the following: - ``(1) In general.--For the purpose of carrying out this - section, except as described in paragraph (2)''; and - (B) by adding at the end the following: - ``(2) Epidemic intelligence service program.--For purposes - of carrying out this section with respect to qualified health - professionals serving in the Epidemic Intelligence Service, as - authorized under section 317G, there is authorized to be - appropriated $1,000,000 for each of fiscal years 2019 through - 2023.''. + (1) in subsection (a)-- + (A) in paragraph (1)-- + (i) by inserting ``or preparedness and response + activities, including rapid response to public health + emergencies and significant public health threats'' after + ``conduct prevention activities''; and + (ii) by striking ``$35,000'' and inserting ``$50,000''; + and + (B) in paragraph (2)(B), by striking ``3 years'' and + inserting ``2 years''; and + (2) in subsection (c)-- + (A) by striking ``For the purpose of carrying out this + section'' and inserting the following: + ``(1) In general.--For the purpose of carrying out this + section, except as described in paragraph (2)''; and + (B) by adding at the end the following: + ``(2) Epidemic intelligence service program.--For purposes of + carrying out this section with respect to qualified health + professionals serving in the Epidemic Intelligence Service, as + authorized under section 317G, there is authorized to be + appropriated $1,000,000 for each of fiscal years 2019 through + 2023.''. (d) Service Benefit for National Disaster Medical System Volunteers.-- - (1) In general.--Section 2812(c) (42 U.S.C. 300hh-11(c)), - as amended by subsection (a)(3), is further amended by adding - at the end the following: - ``(5) Service benefit.--Individuals appointed to serve - under this subsection shall be considered eligible for benefits - under part L of title I of the Omnibus Crime Control and Safe - Streets Act of 1968. The Secretary shall provide notification - to any eligible individual of any effect such designation may - have on other benefits for which such individual is eligible, - including benefits from private entities.''. - (2) Public safety officer benefits.--Section 1204(9) of - title I of the Omnibus Crime Control and Safe Streets Act of - 1968 (34 U.S.C. 10284(9)) is amended-- - (A) in subparagraph (C)(ii), by striking ``or'' at - the end; - (B) in subparagraph (D), by striking the period and - inserting ``; or''; and - (C) by inserting after subparagraph (D) the - following: - ``(E) an individual appointed to the National - Disaster Medical System under section 2812 of the - Public Health Service Act (42 U.S.C. 300hh-11) who is - performing official duties of the Department of Health - and Human Services, if those official duties are-- - ``(i) related to responding to a public - health emergency or potential public health - emergency, or other activities for which the - Secretary of Health and Human Services has - activated such National Disaster Medical - System; and - ``(ii) determined by the Secretary of - Health and Human Services to be hazardous.''. - (3) Sunset.--The amendments made by paragraphs (1) and (2) - shall cease to have force or effect on October 1, 2021. + (1) In general.--Section 2812(c) (42 U.S.C. 300hh-11(c)), as + amended by subsection (a)(3), is further amended by adding at the + end the following: + ``(5) Service benefit.--Individuals appointed to serve under + this subsection shall be considered eligible for benefits under + part L of title I of the Omnibus Crime Control and Safe Streets Act + of 1968. The Secretary shall provide notification to any eligible + individual of any effect such designation may have on other + benefits for which such individual is eligible, including benefits + from private entities.''. + (2) Public safety officer benefits.--Section 1204(9) of title I + of the Omnibus Crime Control and Safe Streets Act of 1968 (34 + U.S.C. 10284(9)) is amended-- + (A) in subparagraph (C)(ii), by striking ``or'' at the end; + (B) in subparagraph (D), by striking the period and + inserting ``; or''; and + (C) by inserting after subparagraph (D) the following: + ``(E) an individual appointed to the National Disaster + Medical System under section 2812 of the Public Health Service + Act (42 U.S.C. 300hh-11) who is performing official duties of + the Department of Health and Human Services, if those official + duties are-- + ``(i) related to responding to a public health + emergency or potential public health emergency, or other + activities for which the Secretary of Health and Human + Services has activated such National Disaster Medical + System; and + ``(ii) determined by the Secretary of Health and Human + Services to be hazardous.''. + (3) Sunset.--The amendments made by paragraphs (1) and (2) + shall cease to have force or effect on October 1, 2021. (e) Mission Readiness Report to Congress.-- - (1) Report.--Not later than one year after the date of - enactment of this section, the Comptroller General of the - United States (referred to in this subsection as the - ``Comptroller General'') shall submit to the Committee on - Health, Education, Labor, and Pensions of the Senate and the - Committee on Energy and Commerce of the House of - Representatives, a report on the medical surge capacity of the - United States in the event of a public health emergency, - including the capacity and capability of the current health - care workforce to prepare for, and respond to, the full range - of public health emergencies or potential public health - emergencies, and recommendations to address any gaps identified - in such workforce. - (2) Contents.--The Comptroller General shall include in the - report under paragraph (1)-- - (A) the number of health care providers who have - volunteered to provide health care services during a - public health emergency, including members of the - National Disaster Medical System, the Disaster Medical - Assistant Teams, the Medical Reserve Corps, and other - volunteer health care professionals in the verification - network pursuant to section 319I of the Public Health - Service Act (42 U.S.C. 247d-7b); - (B) the capacity of the workforce described in - subparagraph (A) to respond to a public health - emergency or potential public health emergency, - including the capacity to respond to multiple - concurrent public health emergencies and the capacity - to respond to a nationwide public health emergency; - (C) the preparedness and response capabilities and - mission readiness of the workforce described in - subparagraph (A) taking into account areas of health - care expertise and considerations for at-risk - individuals (as defined in section 2802(b)(4)(B) of the - Public Health Service Act (42 U.S.C. 300hh- - 1(b)(4)(B))); - (D) an assessment of the effectiveness of efforts - to recruit, retain, and train such workforce; and - (E) identification of gaps that may exist in such - workforce and recommendations for addressing such gaps, - the extent to which the Assistant Secretary for - Preparedness and Response plans to address such gaps, - and any recommendations from the Comptroller General to - address such gaps. - -SEC. 302. HEALTH SYSTEM INFRASTRUCTURE TO IMPROVE PREPAREDNESS AND - RESPONSE. - + (1) Report.--Not later than one year after the date of + enactment of this section, the Comptroller General of the United + States (referred to in this subsection as the ``Comptroller + General'') shall submit to the Committee on Health, Education, + Labor, and Pensions of the Senate and the Committee on Energy and + Commerce of the House of Representatives, a report on the medical + surge capacity of the United States in the event of a public health + emergency, including the capacity and capability of the current + health care workforce to prepare for, and respond to, the full + range of public health emergencies or potential public health + emergencies, and recommendations to address any gaps identified in + such workforce. + (2) Contents.--The Comptroller General shall include in the + report under paragraph (1)-- + (A) the number of health care providers who have + volunteered to provide health care services during a public + health emergency, including members of the National Disaster + Medical System, the Disaster Medical Assistant Teams, the + Medical Reserve Corps, and other volunteer health care + professionals in the verification network pursuant to section + 319I of the Public Health Service Act (42 U.S.C. 247d-7b); + (B) the capacity of the workforce described in subparagraph + (A) to respond to a public health emergency or potential public + health emergency, including the capacity to respond to multiple + concurrent public health emergencies and the capacity to + respond to a nationwide public health emergency; + (C) the preparedness and response capabilities and mission + readiness of the workforce described in subparagraph (A) taking + into account areas of health care expertise and considerations + for at-risk individuals (as defined in section 2802(b)(4)(B) of + the Public Health Service Act (42 U.S.C. 300hh-1(b)(4)(B))); + (D) an assessment of the effectiveness of efforts to + recruit, retain, and train such workforce; and + (E) identification of gaps that may exist in such workforce + and recommendations for addressing such gaps, the extent to + which the Assistant Secretary for Preparedness and Response + plans to address such gaps, and any recommendations from the + Comptroller General to address such gaps. + SEC. 302. HEALTH SYSTEM INFRASTRUCTURE TO IMPROVE PREPAREDNESS AND + RESPONSE. (a) Coordination of Preparedness.--Section 2811(b)(5) (42 U.S.C. 300hh-10(b)(5)) is amended by adding at the end the following: ``Such logistical support shall include working with other relevant Federal, @@ -1839,68 +1645,58 @@ supplies to assist with the utilization of such countermeasures or products,'' after ``products''. (c) Evaluation of Barriers to Rapid Delivery of Medical Countermeasures.-- - (1) Rapid delivery study.--The Assistant Secretary for - Preparedness and Response may conduct a study on issues that - have the potential to adversely affect the handling and rapid - delivery of medical countermeasures to individuals during - public health emergencies occurring in the United States. - (2) Notice to congress.--Not later than 9 months after the - date of the enactment of this Act, the Assistant Secretary for - Preparedness and Response shall notify the Committee on Energy - and Commerce of the House of Representatives and the Committee - on Health, Education, Labor, and Pensions of the Senate if the - Assistant Secretary for Preparedness and Response does not plan - to conduct the study under paragraph (1) and shall provide such - committees a summary explanation for such decision. - (3) Report to congress.--Not later than 1 year after the - Assistant Secretary for Preparedness and Response conducts the - study under paragraph (1), such Assistant Secretary shall - submit a report to the Committee on Energy and Commerce of the - House of Representatives and the Committee on Health, - Education, Labor, and Pensions of the Senate containing the - findings of such study. - -SEC. 303. CONSIDERATIONS FOR AT-RISK INDIVIDUALS. - + (1) Rapid delivery study.--The Assistant Secretary for + Preparedness and Response may conduct a study on issues that have + the potential to adversely affect the handling and rapid delivery + of medical countermeasures to individuals during public health + emergencies occurring in the United States. + (2) Notice to congress.--Not later than 9 months after the date + of the enactment of this Act, the Assistant Secretary for + Preparedness and Response shall notify the Committee on Energy and + Commerce of the House of Representatives and the Committee on + Health, Education, Labor, and Pensions of the Senate if the + Assistant Secretary for Preparedness and Response does not plan to + conduct the study under paragraph (1) and shall provide such + committees a summary explanation for such decision. + (3) Report to congress.--Not later than 1 year after the + Assistant Secretary for Preparedness and Response conducts the + study under paragraph (1), such Assistant Secretary shall submit a + report to the Committee on Energy and Commerce of the House of + Representatives and the Committee on Health, Education, Labor, and + Pensions of the Senate containing the findings of such study. + SEC. 303. CONSIDERATIONS FOR AT-RISK INDIVIDUALS. (a) At-Risk Individuals in the National Health Security Strategy.-- Section 2802(b)(4)(B) (42 U.S.C. 300hh-1(b)(4)(B)) is amended-- - (1) by striking ``this section and sections 319C-1, 319F, - and 319L,'' and inserting ``this Act,''; and - (2) by striking ``special'' and inserting ``access or - functional''. + (1) by striking ``this section and sections 319C-1, 319F, and + 319L,'' and inserting ``this Act,''; and + (2) by striking ``special'' and inserting ``access or + functional''. (b) Countermeasure Considerations.--Section 319L(c)(6) (42 U.S.C. 247d-7e(c)(6)) is amended-- - (1) by striking ``elderly'' and inserting ``older adults''; - and - (2) by inserting ``with relevant characteristics that - warrant consideration during the process of researching and - developing such countermeasures and products'' before the - period. + (1) by striking ``elderly'' and inserting ``older adults''; and + (2) by inserting ``with relevant characteristics that warrant + consideration during the process of researching and developing such + countermeasures and products'' before the period. (c) Biosurveillance of Emerging Public Health Threats.--Section 2814 is amended-- - (1) in paragraph (7), by striking ``; and'' and inserting a - semicolon; - (2) in paragraph (8), by striking the period and inserting - ``; and''; and - (3) by adding at the end the following: - ``(9) facilitate coordination to ensure that, in - implementing the situational awareness and biosurveillance - network under section 319D, the Secretary considers - incorporating data and information from Federal, State, local, - Tribal, and territorial public health officials and entities - relevant to detecting emerging public health threats that may - affect at-risk individuals, such as pregnant and postpartum - women and infants, including adverse health outcomes of such - populations related to such emerging public health threats.''. - -SEC. 304. IMPROVING EMERGENCY PREPAREDNESS AND RESPONSE CONSIDERATIONS - FOR CHILDREN. - + (1) in paragraph (7), by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (8), by striking the period and inserting ``; + and''; and + (3) by adding at the end the following: + ``(9) facilitate coordination to ensure that, in implementing + the situational awareness and biosurveillance network under section + 319D, the Secretary considers incorporating data and information + from Federal, State, local, Tribal, and territorial public health + officials and entities relevant to detecting emerging public health + threats that may affect at-risk individuals, such as pregnant and + postpartum women and infants, including adverse health outcomes of + such populations related to such emerging public health threats.''. + SEC. 304. IMPROVING EMERGENCY PREPAREDNESS AND RESPONSE + CONSIDERATIONS FOR CHILDREN. Part B of title III (42 U.S.C. 243 et seq.) is amended by inserting after section 319D the following: - ``SEC. 319D-1. CHILDREN'S PREPAREDNESS UNIT. - ``(a) Enhancing Emergency Preparedness for Children.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this subsection as the @@ -1918,195 +1714,178 @@ child psychologists, epidemiologists, biostatisticians, health communications staff, and individuals with other areas of expertise, as the Secretary determines appropriate. ``(c) Duties.--The team described in subsection (a) may-- - ``(1) assist State, local, Tribal, and territorial - emergency planning and response activities related to children, - which may include developing, identifying, and sharing best - practices; - ``(2) provide technical assistance, training, and - consultation to Federal, State, local, Tribal, and territorial - public health officials to improve preparedness and response - capabilities with respect to the needs of children, including - providing such technical assistance, training, and consultation - to eligible entities in order to support the achievement of - measurable evidence-based benchmarks and objective standards - applicable to sections 319C-1 and 319C-2; - ``(3) improve the utilization of methods to incorporate the - needs of children in planning for and responding to a public - health emergency, including public awareness of such methods; - ``(4) coordinate with, and improve, public-private - partnerships, such as health care coalitions pursuant to - sections 319C-2 and 319C-3, to address gaps and inefficiencies - in emergency preparedness and response efforts for children; - ``(5) provide expertise and input during the development of - guidance and clinical recommendations to address the needs of - children when preparing for, and responding to, public health - emergencies, including pursuant to section 319C-3; and - ``(6) carry out other duties related to preparedness and - response activities for children, as the Secretary determines - appropriate.''. - -SEC. 305. NATIONAL ADVISORY COMMITTEES ON DISASTERS. - + ``(1) assist State, local, Tribal, and territorial emergency + planning and response activities related to children, which may + include developing, identifying, and sharing best practices; + ``(2) provide technical assistance, training, and consultation + to Federal, State, local, Tribal, and territorial public health + officials to improve preparedness and response capabilities with + respect to the needs of children, including providing such + technical assistance, training, and consultation to eligible + entities in order to support the achievement of measurable + evidence-based benchmarks and objective standards applicable to + sections 319C-1 and 319C-2; + ``(3) improve the utilization of methods to incorporate the + needs of children in planning for and responding to a public health + emergency, including public awareness of such methods; + ``(4) coordinate with, and improve, public-private + partnerships, such as health care coalitions pursuant to sections + 319C-2 and 319C-3, to address gaps and inefficiencies in emergency + preparedness and response efforts for children; + ``(5) provide expertise and input during the development of + guidance and clinical recommendations to address the needs of + children when preparing for, and responding to, public health + emergencies, including pursuant to section 319C-3; and + ``(6) carry out other duties related to preparedness and + response activities for children, as the Secretary determines + appropriate.''. + SEC. 305. NATIONAL ADVISORY COMMITTEES ON DISASTERS. (a) Reauthorizing the National Advisory Committee on Children and Disasters.--Section 2811A (42 U.S.C. 300hh-10a) is amended-- - (1) in subsection (b)(2), by inserting ``, mental and - behavioral,'' after ``medical''; - (2) in subsection (d)-- - (A) in paragraph (1), by striking ``15'' and - inserting ``25''; and - (B) by striking paragraph (2) and inserting the - following: - ``(2) Required non-federal members.--The Secretary, in - consultation with such other heads of Federal agencies as may - be appropriate, shall appoint to the Advisory Committee under - paragraph (1) at least 13 individuals, including-- - ``(A) at least 2 non-Federal professionals with - expertise in pediatric medical disaster planning, - preparedness, response, or recovery; - ``(B) at least 2 representatives from State, local, - Tribal, or territorial agencies with expertise in - pediatric disaster planning, preparedness, response, or - recovery; - ``(C) at least 4 members representing health care - professionals, which may include members with expertise - in pediatric emergency medicine; pediatric trauma, - critical care, or surgery; the treatment of pediatric - patients affected by chemical, biological, - radiological, or nuclear agents, including emerging - infectious diseases; pediatric mental or behavioral - health related to children affected by a public health - emergency; or pediatric primary care; and - ``(D) other members as the Secretary determines - appropriate, of whom-- - ``(i) at least one such member shall - represent a children's hospital; - ``(ii) at least one such member shall be an - individual with expertise in schools or child - care settings; - ``(iii) at least one such member shall be - an individual with expertise in children and - youth with special health care needs; and - ``(iv) at least one such member shall be an - individual with expertise in the needs of - parents or family caregivers, including the - parents or caregivers of children with - disabilities. - ``(3) Federal members.--The Advisory Committee under - paragraph (1) shall include the following Federal members or - their designees (who may be nonvoting members, as determined by - the Secretary): - ``(A) The Assistant Secretary for Preparedness and - Response. - ``(B) The Director of the Biomedical Advanced - Research and Development Authority. - ``(C) The Director of the Centers for Disease - Control and Prevention. - ``(D) The Commissioner of Food and Drugs. - ``(E) The Director of the National Institutes of - Health. - ``(F) The Assistant Secretary of the Administration - for Children and Families. - ``(G) The Administrator of the Health Resources and - Services Administration. - ``(H) The Administrator of the Federal Emergency - Management Agency. - ``(I) The Administrator of the Administration for - Community Living. - ``(J) The Secretary of Education. - ``(K) Representatives from such Federal agencies - (such as the Substance Abuse and Mental Health Services - Administration and the Department of Homeland Security) - as the Secretary determines appropriate to fulfill the - duties of the Advisory Committee under subsections (b) - and (c). - ``(4) Term of appointment.--Each member of the Advisory - Committee appointed under paragraph (2) shall serve for a term - of 3 years, except that the Secretary may adjust the terms of - the Advisory Committee appointees serving on the date of - enactment of the Pandemic and All-Hazards Preparedness and - Advancing Innovation Act of 2019, or appointees who are - initially appointed after such date of enactment, in order to - provide for a staggered term of appointment for all members. - ``(5) Consecutive appointments; maximum terms.--A member - appointed under paragraph (2) may serve not more than 3 terms - on the Advisory Committee, and not more than two of such terms - may be served consecutively.''; - (3) in subsection (e), by adding at the end ``At least one - meeting per year shall be an in-person meeting.''; - (4) by redesignating subsection (f) as subsection (g); - (5) by inserting after subsection (e) the following: + (1) in subsection (b)(2), by inserting ``, mental and + behavioral,'' after ``medical''; + (2) in subsection (d)-- + (A) in paragraph (1), by striking ``15'' and inserting + ``25''; and + (B) by striking paragraph (2) and inserting the following: + ``(2) Required non-federal members.--The Secretary, in + consultation with such other heads of Federal agencies as may be + appropriate, shall appoint to the Advisory Committee under + paragraph (1) at least 13 individuals, including-- + ``(A) at least 2 non-Federal professionals with expertise + in pediatric medical disaster planning, preparedness, response, + or recovery; + ``(B) at least 2 representatives from State, local, Tribal, + or territorial agencies with expertise in pediatric disaster + planning, preparedness, response, or recovery; + ``(C) at least 4 members representing health care + professionals, which may include members with expertise in + pediatric emergency medicine; pediatric trauma, critical care, + or surgery; the treatment of pediatric patients affected by + chemical, biological, radiological, or nuclear agents, + including emerging infectious diseases; pediatric mental or + behavioral health related to children affected by a public + health emergency; or pediatric primary care; and + ``(D) other members as the Secretary determines + appropriate, of whom-- + ``(i) at least one such member shall represent a + children's hospital; + ``(ii) at least one such member shall be an individual + with expertise in schools or child care settings; + ``(iii) at least one such member shall be an individual + with expertise in children and youth with special health + care needs; and + ``(iv) at least one such member shall be an individual + with expertise in the needs of parents or family + caregivers, including the parents or caregivers of children + with disabilities. + ``(3) Federal members.--The Advisory Committee under paragraph + (1) shall include the following Federal members or their designees + (who may be nonvoting members, as determined by the Secretary): + ``(A) The Assistant Secretary for Preparedness and + Response. + ``(B) The Director of the Biomedical Advanced Research and + Development Authority. + ``(C) The Director of the Centers for Disease Control and + Prevention. + ``(D) The Commissioner of Food and Drugs. + ``(E) The Director of the National Institutes of Health. + ``(F) The Assistant Secretary of the Administration for + Children and Families. + ``(G) The Administrator of the Health Resources and + Services Administration. + ``(H) The Administrator of the Federal Emergency Management + Agency. + ``(I) The Administrator of the Administration for Community + Living. + ``(J) The Secretary of Education. + ``(K) Representatives from such Federal agencies (such as + the Substance Abuse and Mental Health Services Administration + and the Department of Homeland Security) as the Secretary + determines appropriate to fulfill the duties of the Advisory + Committee under subsections (b) and (c). + ``(4) Term of appointment.--Each member of the Advisory + Committee appointed under paragraph (2) shall serve for a term of 3 + years, except that the Secretary may adjust the terms of the + Advisory Committee appointees serving on the date of enactment of + the Pandemic and All-Hazards Preparedness and Advancing Innovation + Act of 2019, or appointees who are initially appointed after such + date of enactment, in order to provide for a staggered term of + appointment for all members. + ``(5) Consecutive appointments; maximum terms.--A member + appointed under paragraph (2) may serve not more than 3 terms on + the Advisory Committee, and not more than two of such terms may be + served consecutively.''; + (3) in subsection (e), by adding at the end ``At least one + meeting per year shall be an in-person meeting.''; + (4) by redesignating subsection (f) as subsection (g); + (5) by inserting after subsection (e) the following: ``(f) Coordination.--The Secretary shall coordinate duties and activities authorized under this section in accordance with section 2811D.''; and - (6) in subsection (g), as so redesignated, by striking - ``2018'' and inserting ``2023''. + (6) in subsection (g), as so redesignated, by striking ``2018'' + and inserting ``2023''. (b) Authorizing the National Advisory Committee on Seniors and Disasters.--Subtitle B of title XXVIII (42 U.S.C. 300hh et seq.) is amended by inserting after section 2811A the following: - ``SEC. 2811B. NATIONAL ADVISORY COMMITTEE ON SENIORS AND DISASTERS. - ``(a) Establishment.--The Secretary, in consultation with the Secretary of Homeland Security and the Secretary of Veterans Affairs, shall establish an advisory committee to be known as the National Advisory Committee on Seniors and Disasters (referred to in this section as the `Advisory Committee'). ``(b) Duties.--The Advisory Committee shall-- - ``(1) provide advice and consultation with respect to the - activities carried out pursuant to section 2814, as applicable - and appropriate; - ``(2) evaluate and provide input with respect to the - medical and public health needs of seniors related to - preparation for, response to, and recovery from all-hazards - emergencies; and - ``(3) provide advice and consultation with respect to State - emergency preparedness and response activities relating to - seniors, including related drills and exercises pursuant to the - preparedness goals under section 2802(b). + ``(1) provide advice and consultation with respect to the + activities carried out pursuant to section 2814, as applicable and + appropriate; + ``(2) evaluate and provide input with respect to the medical + and public health needs of seniors related to preparation for, + response to, and recovery from all-hazards emergencies; and + ``(3) provide advice and consultation with respect to State + emergency preparedness and response activities relating to seniors, + including related drills and exercises pursuant to the preparedness + goals under section 2802(b). ``(c) Additional Duties.--The Advisory Committee may provide advice and recommendations to the Secretary with respect to seniors and the medical and public health grants and cooperative agreements as applicable to preparedness and response activities under this title and title III. ``(d) Membership.-- - ``(1) In general.--The Secretary, in consultation with such - other heads of agencies as appropriate, shall appoint not more - than 17 members to the Advisory Committee. In appointing such - members, the Secretary shall ensure that the total membership - of the Advisory Committee is an odd number. - ``(2) Required members.--The Advisory Committee shall - include Federal members or their designees (who may be - nonvoting members, as determined by the Secretary) and non- - Federal members, as follows: - ``(A) The Assistant Secretary for Preparedness and - Response. - ``(B) The Director of the Biomedical Advanced - Research and Development Authority. - ``(C) The Director of the Centers for Disease - Control and Prevention. - ``(D) The Commissioner of Food and Drugs. - ``(E) The Director of the National Institutes of - Health. - ``(F) The Administrator of the Centers for Medicare - & Medicaid Services. - ``(G) The Administrator of the Administration for - Community Living. - ``(H) The Administrator of the Federal Emergency - Management Agency. - ``(I) The Under Secretary for Health of the - Department of Veterans Affairs. - ``(J) At least 2 non-Federal health care - professionals with expertise in geriatric medical - disaster planning, preparedness, response, or recovery. - ``(K) At least 2 representatives of State, local, - Tribal, or territorial agencies with expertise in - geriatric disaster planning, preparedness, response, or - recovery. - ``(L) Representatives of such other Federal - agencies (such as the Department of Energy and the - Department of Homeland Security) as the Secretary - determines necessary to fulfill the duties of the - Advisory Committee. + ``(1) In general.--The Secretary, in consultation with such + other heads of agencies as appropriate, shall appoint not more than + 17 members to the Advisory Committee. In appointing such members, + the Secretary shall ensure that the total membership of the + Advisory Committee is an odd number. + ``(2) Required members.--The Advisory Committee shall include + Federal members or their designees (who may be nonvoting members, + as determined by the Secretary) and non-Federal members, as + follows: + ``(A) The Assistant Secretary for Preparedness and + Response. + ``(B) The Director of the Biomedical Advanced Research and + Development Authority. + ``(C) The Director of the Centers for Disease Control and + Prevention. + ``(D) The Commissioner of Food and Drugs. + ``(E) The Director of the National Institutes of Health. + ``(F) The Administrator of the Centers for Medicare & + Medicaid Services. + ``(G) The Administrator of the Administration for Community + Living. + ``(H) The Administrator of the Federal Emergency Management + Agency. + ``(I) The Under Secretary for Health of the Department of + Veterans Affairs. + ``(J) At least 2 non-Federal health care professionals with + expertise in geriatric medical disaster planning, preparedness, + response, or recovery. + ``(K) At least 2 representatives of State, local, Tribal, + or territorial agencies with expertise in geriatric disaster + planning, preparedness, response, or recovery. + ``(L) Representatives of such other Federal agencies (such + as the Department of Energy and the Department of Homeland + Security) as the Secretary determines necessary to fulfill the + duties of the Advisory Committee. ``(e) Meetings.--The Advisory Committee shall meet not less frequently than biannually. At least one meeting per year shall be an in-person meeting. @@ -2114,76 +1893,71 @@ in-person meeting. activities authorized under this section in accordance with section 2811D. ``(g) Sunset.-- - ``(1) In general.--The Advisory Committee shall terminate - on September 30, 2023. - ``(2) Extension of committee.--Not later than October 1, - 2022, the Secretary shall submit to Congress a recommendation - on whether the Advisory Committee should be extended.''. + ``(1) In general.--The Advisory Committee shall terminate on + September 30, 2023. + ``(2) Extension of committee.--Not later than October 1, 2022, + the Secretary shall submit to Congress a recommendation on whether + the Advisory Committee should be extended.''. (c) National Advisory Committee on Individuals With Disabilities and Disasters.--Subtitle B of title XXVIII (42 U.S.C. 300hh et seq.), as amended by subsection (b), is further amended by inserting after section 2811B the following: - ``SEC. 2811C. NATIONAL ADVISORY COMMITTEE ON INDIVIDUALS WITH - DISABILITIES AND DISASTERS. - +DISABILITIES AND DISASTERS. ``(a) Establishment.--The Secretary, in consultation with the Secretary of Homeland Security, shall establish a national advisory committee to be known as the National Advisory Committee on Individuals with Disabilities and Disasters (referred to in this section as the `Advisory Committee'). ``(b) Duties.--The Advisory Committee shall-- - ``(1) provide advice and consultation with respect to - activities carried out pursuant to section 2814, as applicable - and appropriate; - ``(2) evaluate and provide input with respect to the - medical, public health, and accessibility needs of individuals - with disabilities related to preparation for, response to, and - recovery from all-hazards emergencies; and - ``(3) provide advice and consultation with respect to State - emergency preparedness and response activities, including - related drills and exercises pursuant to the preparedness goals - under section 2802(b). + ``(1) provide advice and consultation with respect to + activities carried out pursuant to section 2814, as applicable and + appropriate; + ``(2) evaluate and provide input with respect to the medical, + public health, and accessibility needs of individuals with + disabilities related to preparation for, response to, and recovery + from all-hazards emergencies; and + ``(3) provide advice and consultation with respect to State + emergency preparedness and response activities, including related + drills and exercises pursuant to the preparedness goals under + section 2802(b). ``(c) Membership.-- - ``(1) In general.--The Secretary, in consultation with such - other heads of agencies and departments as appropriate, shall - appoint not more than 17 members to the Advisory Committee. In - appointing such members, the Secretary shall ensure that the - total membership of the Advisory Committee is an odd number. - ``(2) Required members.--The Advisory Committee shall - include Federal members or their designees (who may be - nonvoting members, as determined by the Secretary) and non- - Federal members, as follows: - ``(A) The Assistant Secretary for Preparedness and - Response. - ``(B) The Administrator of the Administration for - Community Living. - ``(C) The Director of the Biomedical Advanced - Research and Development Authority. - ``(D) The Director of the Centers for Disease - Control and Prevention. - ``(E) The Commissioner of Food and Drugs. - ``(F) The Director of the National Institutes of - Health. - ``(G) The Administrator of the Federal Emergency - Management Agency. - ``(H) The Chair of the National Council on - Disability. - ``(I) The Chair of the United States Access Board. - ``(J) The Under Secretary for Health of the - Department of Veterans Affairs. - ``(K) At least 2 non-Federal health care - professionals with expertise in disability - accessibility before, during, and after disasters, - medical and mass care disaster planning, preparedness, - response, or recovery. - ``(L) At least 2 representatives from State, local, - Tribal, or territorial agencies with expertise in - disaster planning, preparedness, response, or recovery - for individuals with disabilities. - ``(M) At least 2 individuals with a disability with - expertise in disaster planning, preparedness, response, - or recovery for individuals with disabilities. + ``(1) In general.--The Secretary, in consultation with such + other heads of agencies and departments as appropriate, shall + appoint not more than 17 members to the Advisory Committee. In + appointing such members, the Secretary shall ensure that the total + membership of the Advisory Committee is an odd number. + ``(2) Required members.--The Advisory Committee shall include + Federal members or their designees (who may be nonvoting members, + as determined by the Secretary) and non-Federal members, as + follows: + ``(A) The Assistant Secretary for Preparedness and + Response. + ``(B) The Administrator of the Administration for Community + Living. + ``(C) The Director of the Biomedical Advanced Research and + Development Authority. + ``(D) The Director of the Centers for Disease Control and + Prevention. + ``(E) The Commissioner of Food and Drugs. + ``(F) The Director of the National Institutes of Health. + ``(G) The Administrator of the Federal Emergency Management + Agency. + ``(H) The Chair of the National Council on Disability. + ``(I) The Chair of the United States Access Board. + ``(J) The Under Secretary for Health of the Department of + Veterans Affairs. + ``(K) At least 2 non-Federal health care professionals with + expertise in disability accessibility before, during, and after + disasters, medical and mass care disaster planning, + preparedness, response, or recovery. + ``(L) At least 2 representatives from State, local, Tribal, + or territorial agencies with expertise in disaster planning, + preparedness, response, or recovery for individuals with + disabilities. + ``(M) At least 2 individuals with a disability with + expertise in disaster planning, preparedness, response, or + recovery for individuals with disabilities. ``(d) Meetings.--The Advisory Committee shall meet not less frequently than biannually. At least one meeting per year shall be an in-person meeting. @@ -2194,17 +1968,15 @@ Americans with Disabilities Act of 1990. activities authorized under this section in accordance with section 2811D. ``(g) Sunset.-- - ``(1) In general.--The Advisory Committee shall terminate - on September 30, 2023. - ``(2) Recommendation.--Not later than October 1, 2022, the - Secretary shall submit to Congress a recommendation on whether - the Advisory Committee should be extended.''. + ``(1) In general.--The Advisory Committee shall terminate on + September 30, 2023. + ``(2) Recommendation.--Not later than October 1, 2022, the + Secretary shall submit to Congress a recommendation on whether the + Advisory Committee should be extended.''. (d) Advisory Committee Coordination.--Subtitle B of title XXVIII (42 U.S.C. 300hh et seq.), as amended by subsection (c), is further amended by inserting after section 2811C the following: - ``SEC. 2811D. ADVISORY COMMITTEE COORDINATION. - ``(a) In General.--The Secretary shall coordinate duties and activities authorized under sections 2811A, 2811B, and 2811C, and make efforts to reduce unnecessary or duplicative reporting, or unnecessary @@ -2227,9 +1999,7 @@ such needs. congressional committees of jurisdiction regarding the steps taken to coordinate, as appropriate, the recommendations under this section, and provide a summary description of such coordination.''. - -SEC. 306. GUIDANCE FOR PARTICIPATION IN EXERCISES AND DRILLS. - + SEC. 306. GUIDANCE FOR PARTICIPATION IN EXERCISES AND DRILLS. Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final guidance regarding the ability of personnel funded by programs authorized under @@ -2251,357 +2021,297 @@ Services. TITLE IV--PRIORITIZING A THREAT-BASED APPROACH -SEC. 401. ASSISTANT SECRETARY FOR PREPAREDNESS AND RESPONSE. - + SEC. 401. ASSISTANT SECRETARY FOR PREPAREDNESS AND RESPONSE. Section 2811(b) (42 U.S.C. 300hh-10(b)) is amended-- - (1) in the matter preceding paragraph (1), by inserting - ``utilize experience related to public health emergency - preparedness and response, biodefense, medical countermeasures, - and other relevant topics to'' after ``shall''; and - (2) in paragraph (4), by adding at the end the following: - ``(I) Threat awareness.--Coordinate with the - Director of the Centers for Disease Control and - Prevention, the Director of National Intelligence, the - Secretary of Homeland Security, the Assistant to the - President for National Security Affairs, the Secretary - of Defense, and other relevant Federal officials, such - as the Secretary of Agriculture, to maintain a current - assessment of national security threats and inform - preparedness and response capabilities based on the - range of the threats that have the potential to result - in a public health emergency.''. - -SEC. 402. PUBLIC HEALTH EMERGENCY MEDICAL COUNTERMEASURES ENTERPRISE. - + (1) in the matter preceding paragraph (1), by inserting + ``utilize experience related to public health emergency + preparedness and response, biodefense, medical countermeasures, and + other relevant topics to'' after ``shall''; and + (2) in paragraph (4), by adding at the end the following: + ``(I) Threat awareness.--Coordinate with the Director of + the Centers for Disease Control and Prevention, the Director of + National Intelligence, the Secretary of Homeland Security, the + Assistant to the President for National Security Affairs, the + Secretary of Defense, and other relevant Federal officials, + such as the Secretary of Agriculture, to maintain a current + assessment of national security threats and inform preparedness + and response capabilities based on the range of the threats + that have the potential to result in a public health + emergency.''. + SEC. 402. PUBLIC HEALTH EMERGENCY MEDICAL COUNTERMEASURES + ENTERPRISE. (a) In General.--Title XXVIII is amended by inserting after section 2811 (42 U.S.C. 300hh-10) the following: - ``SEC. 2811-1. PUBLIC HEALTH EMERGENCY MEDICAL COUNTERMEASURES - ENTERPRISE. - +ENTERPRISE. ``(a) In General.--The Secretary shall establish the Public Health Emergency Medical Countermeasures Enterprise (referred to in this section as the `PHEMCE'). The Assistant Secretary for Preparedness and Response shall serve as chair of the PHEMCE. ``(b) Members.--The PHEMCE shall include each of the following members, or the designee of such members: - ``(1) The Assistant Secretary for Preparedness and - Response. - ``(2) The Director of the Centers for Disease Control and - Prevention. - ``(3) The Director of the National Institutes of Health. - ``(4) The Commissioner of Food and Drugs. - ``(5) The Secretary of Defense. - ``(6) The Secretary of Homeland Security. - ``(7) The Secretary of Agriculture. - ``(8) The Secretary of Veterans Affairs. - ``(9) The Director of National Intelligence. - ``(10) Representatives of any other Federal agency, which - may include the Director of the Biomedical Advanced Research - and Development Authority, the Director of the Strategic - National Stockpile, the Director of the National Institute of - Allergy and Infectious Diseases, and the Director of the Office - of Public Health Preparedness and Response, as the Secretary - determines appropriate. + ``(1) The Assistant Secretary for Preparedness and Response. + ``(2) The Director of the Centers for Disease Control and + Prevention. + ``(3) The Director of the National Institutes of Health. + ``(4) The Commissioner of Food and Drugs. + ``(5) The Secretary of Defense. + ``(6) The Secretary of Homeland Security. + ``(7) The Secretary of Agriculture. + ``(8) The Secretary of Veterans Affairs. + ``(9) The Director of National Intelligence. + ``(10) Representatives of any other Federal agency, which may + include the Director of the Biomedical Advanced Research and + Development Authority, the Director of the Strategic National + Stockpile, the Director of the National Institute of Allergy and + Infectious Diseases, and the Director of the Office of Public + Health Preparedness and Response, as the Secretary determines + appropriate. ``(c) Functions.-- - ``(1) In general.--The functions of the PHEMCE shall - include the following: - ``(A) Utilize a process to make recommendations to - the Secretary regarding research, advanced research, - development, procurement, stockpiling, deployment, - distribution, and utilization with respect to - countermeasures, as defined in section 319F-2(c), - including prioritization based on the health security - needs of the United States. Such recommendations shall - be informed by, when available and practicable, the - National Health Security Strategy pursuant to section - 2802, the Strategic National Stockpile needs pursuant - to section 319F-2, and assessments of current national - security threats, including chemical, biological, - radiological, and nuclear threats, including emerging - infectious diseases. In the event that members of the - PHEMCE do not agree upon a recommendation, the - Secretary shall provide a determination regarding such - recommendation. - ``(B) Identify national health security needs, - including gaps in public health preparedness and - response related to countermeasures and challenges to - addressing such needs (including any regulatory - challenges), and support alignment of countermeasure - procurement with recommendations to address such needs - under subparagraph (A). - ``(C) Assist the Secretary in developing strategies - related to logistics, deployment, distribution, - dispensing, and use of countermeasures that may be - applicable to the activities of the strategic national - stockpile under section 319F-2(a). - ``(D) Provide consultation for the development of - the strategy and implementation plan under section - 2811(d). - ``(2) Input.--In carrying out subparagraphs (B) and (C) of - paragraph (1), the PHEMCE shall solicit and consider input from - State, local, Tribal, and territorial public health departments - or officials, as appropriate.''. + ``(1) In general.--The functions of the PHEMCE shall include + the following: + ``(A) Utilize a process to make recommendations to the + Secretary regarding research, advanced research, development, + procurement, stockpiling, deployment, distribution, and + utilization with respect to countermeasures, as defined in + section 319F-2(c), including prioritization based on the health + security needs of the United States. Such recommendations shall + be informed by, when available and practicable, the National + Health Security Strategy pursuant to section 2802, the + Strategic National Stockpile needs pursuant to section 319F-2, + and assessments of current national security threats, including + chemical, biological, radiological, and nuclear threats, + including emerging infectious diseases. In the event that + members of the PHEMCE do not agree upon a recommendation, the + Secretary shall provide a determination regarding such + recommendation. + ``(B) Identify national health security needs, including + gaps in public health preparedness and response related to + countermeasures and challenges to addressing such needs + (including any regulatory challenges), and support alignment of + countermeasure procurement with recommendations to address such + needs under subparagraph (A). + ``(C) Assist the Secretary in developing strategies related + to logistics, deployment, distribution, dispensing, and use of + countermeasures that may be applicable to the activities of the + strategic national stockpile under section 319F-2(a). + ``(D) Provide consultation for the development of the + strategy and implementation plan under section 2811(d). + ``(2) Input.--In carrying out subparagraphs (B) and (C) of + paragraph (1), the PHEMCE shall solicit and consider input from + State, local, Tribal, and territorial public health departments or + officials, as appropriate.''. (b) Public Health Emergency Medical Countermeasures Enterprise Strategy and Implementation Plan.--Section 2811(d) (42 U.S.C. 300hh- 10(d)) is amended-- - (1) in paragraph (1)-- - (A) by striking ``Not later than 180 days after the - date of enactment of this subsection, and every year - thereafter'' and inserting ``Not later than March 15, - 2020, and biennially thereafter''; and - (B) by striking ``Director of the Biomedical'' and - all that follows through ``Food and Drugs'' and - inserting ``Public Health Emergency Medical - Countermeasures Enterprise established under section - 2811-1''; and - (2) in paragraph (2)(J)(v), by striking ``one-year period'' - and inserting ``2-year period''. - -SEC. 403. STRATEGIC NATIONAL STOCKPILE. - + (1) in paragraph (1)-- + (A) by striking ``Not later than 180 days after the date of + enactment of this subsection, and every year thereafter'' and + inserting ``Not later than March 15, 2020, and biennially + thereafter''; and + (B) by striking ``Director of the Biomedical'' and all that + follows through ``Food and Drugs'' and inserting ``Public + Health Emergency Medical Countermeasures Enterprise established + under section 2811-1''; and + (2) in paragraph (2)(J)(v), by striking ``one-year period'' and + inserting ``2-year period''. + SEC. 403. STRATEGIC NATIONAL STOCKPILE. (a) In General.--Section 319F-2(a) (42 U.S.C. 247d-6b(a)) is amended-- - (1) by redesignating paragraphs (2) and (3) as paragraphs - (3) and (4), respectively; and - (2) in paragraph (1)-- - (A) by inserting ``the Assistant Secretary for - Preparedness and Response and'' after ``collaboration - with''; - (B) by inserting ``and optimize'' after ``provide - for''; - (C) by inserting ``and, as informed by existing - recommendations of, or consultations with, the Public - Health Emergency Medical Countermeasure Enterprise - established under section 2811-1, make necessary - additions or modifications to the contents of such - stockpile or stockpiles based on the review conducted - under paragraph (2)'' before the period of the first - sentence; and - (D) by striking the second sentence; - (3) by inserting after paragraph (1) the following: - ``(2) Threat-based review.-- - ``(A) In general.--The Secretary shall conduct an - annual threat-based review (taking into account at-risk - individuals) of the contents of the stockpile under - paragraph (1), including non-pharmaceutical supplies, - and, in consultation with the Public Health Emergency - Medical Countermeasures Enterprise established under - section 2811-1, review contents within the stockpile - and assess whether such contents are consistent with - the recommendations made pursuant to section 2811- - 1(c)(1)(A). Such review shall be submitted on June 15, - 2019, and on March 15 of each year thereafter, to the - Committee on Health, Education, Labor, and Pensions and - the Committee on Appropriations of the Senate and the - Committee on Energy and Commerce and the Committee on - Appropriations of the House of Representatives, in a - manner that does not compromise national security. - ``(B) Additions, modifications, and - replenishments.--Each annual threat-based review under - subparagraph (A) shall, for each new or modified - countermeasure procurement or replenishment, provide-- - ``(i) information regarding-- - ``(I) the quantities of the - additional or modified countermeasure - procured for, or contracted to be - procured for, the stockpile; - ``(II) planning considerations for - appropriate manufacturing capacity and - capability to meet the goals of such - additions or modifications (without - disclosing proprietary information), - including consideration of the effect - such additions or modifications may - have on the availability of such - products and ancillary medical supplies - in the health care system; - ``(III) the presence or lack of a - commercial market for the - countermeasure at the time of - procurement; - ``(IV) the emergency health - security threat or threats such - countermeasure procurement is intended - to address, including whether such - procurement is consistent with meeting - emergency health security needs - associated with such threat or threats; - ``(V) an assessment of whether the - emergency health security threat or - threats described in subclause (IV) - could be addressed in a manner that - better utilizes the resources of the - stockpile and permits the greatest - possible increase in the level of - emergency preparedness to address such - threats; - ``(VI) whether such countermeasure - is replenishing an expiring or expired - countermeasure, is a different - countermeasure with the same indication - that is replacing an expiring or - expired countermeasure, or is a new - addition to the stockpile; - ``(VII) a description of how such - additions or modifications align with - projected investments under previous - countermeasures budget plans under - section 2811(b)(7), including expected - life-cycle costs, expenditures related - to countermeasure procurement to - address the threat or threats described - in subclause (IV), replenishment dates - (including the ability to extend the - maximum shelf life of a - countermeasure), and the manufacturing - capacity required to replenish such - countermeasure; and - ``(VIII) appropriate protocols and - processes for the deployment, - distribution, or dispensing of the - countermeasure at the State and local - level, including plans for relevant - capabilities of State and local - entities to dispense, distribute, and - administer the countermeasure; and - ``(ii) an assurance, which need not be - provided in advance of procurement, that for - each countermeasure procured or replenished - under this subsection, the Secretary completed - a review addressing each item listed under this - subsection in advance of such procurement or - replenishment.''; - (4) in paragraph (3), as so redesignated-- - (A) in subparagraph (A), by inserting ``and the - Public Health Emergency Medical Countermeasures - Enterprise established under section 2811-1'' before - the semicolon; - (B) in subparagraph (C), by inserting ``, and the - availability, deployment, dispensing, and - administration of countermeasures'' before the - semicolon; - (C) by amending subparagraph (E) to read as - follows: - ``(E) devise plans for effective and timely supply- - chain management of the stockpile, in consultation with - the Director of the Centers for Disease Control and - Prevention, the Assistant Secretary for Preparedness - and Response, the Secretary of Transportation, the - Secretary of Homeland Security, the Secretary of - Veterans Affairs, and the heads of other appropriate - Federal agencies; State, local, Tribal, and territorial - agencies; and the public and private health care - infrastructure, as applicable, taking into account the - manufacturing capacity and other available sources of - products and appropriate alternatives to supplies in - the stockpile;''; - (D) in subparagraph (G), by striking ``; and'' and - inserting a semicolon; - (E) in subparagraph (H), by striking the period and - inserting a semicolon; and - (F) by adding at the end the following: - ``(I) ensure that each countermeasure or product - under consideration for procurement pursuant to this - subsection receives the same consideration regardless - of whether such countermeasure or product receives or - had received funding under section 319L, including with - respect to whether the countermeasure or product is - most appropriate to meet the emergency health security - needs of the United States; and - ``(J) provide assistance, including technical - assistance, to maintain and improve State and local - public health preparedness capabilities to distribute - and dispense medical countermeasures and products from - the stockpile, as appropriate.''; and - (5) by adding at the end the following: - ``(5) GAO report.-- - ``(A) In general.--Not later than 3 years after the - date of enactment of the Pandemic and All-Hazards - Preparedness and Advancing Innovation Act of 2019, and - every 5 years thereafter, the Comptroller General of - the United States shall conduct a review of any changes - to the contents or management of the stockpile since - January 1, 2015. Such review shall include-- - ``(i) an assessment of the - comprehensiveness and completeness of each - annual threat-based review under paragraph (2), - including whether all newly procured or - replenished countermeasures within the - stockpile were described in each annual review, - and whether, consistent with paragraph (2)(B), - the Secretary conducted the necessary internal - review in advance of such procurement or - replenishment; - ``(ii) an assessment of whether the - Secretary established health security and - science-based justifications, and a description - of such justifications for procurement - decisions related to health security needs with - respect to the identified threat, for additions - or modifications to the stockpile based on the - information provided in such reviews under - paragraph (2)(B), including whether such review - was conducted prior to procurement, - modification, or replenishment; - ``(iii) an assessment of the plans - developed by the Secretary for the deployment, - distribution, and dispensing of countermeasures - procured, modified, or replenished under - paragraph (1), including whether such plans - were developed prior to procurement, - modification, or replenishment; - ``(iv) an accounting of countermeasures - procured, modified, or replenished under - paragraph (1) that received advanced research - and development funding from the Biomedical - Advanced Research and Development Authority; - ``(v) an analysis of how such procurement - decisions made progress toward meeting - emergency health security needs related to the - identified threats for countermeasures added, - modified, or replenished under paragraph (1); - ``(vi) a description of the resources - expended related to the procurement of - countermeasures (including additions, - modifications, and replenishments) in the - stockpile, and how such expenditures relate to - the ability of the stockpile to meet emergency - health security needs; - ``(vii) an assessment of the extent to - which additions, modifications, and - replenishments reviewed under paragraph (2) - align with previous relevant reports or reviews - by the Secretary or the Comptroller General; - ``(viii) with respect to any change in the - Federal organizational management of the - stockpile, an assessment and comparison of the - processes affected by such change, including - planning for potential countermeasure - deployment, distribution, or dispensing - capabilities and processes related to - procurement decisions, use of stockpiled - countermeasures, and use of resources for such - activities; and - ``(ix) an assessment of whether the - processes and procedures described by the - Secretary pursuant to section 403(b) of the - Pandemic and All-Hazards Preparedness and - Advancing Innovation Act of 2019 are sufficient - to ensure countermeasures and products under - consideration for procurement pursuant to - subsection (a) receive the same consideration - regardless of whether such countermeasures and - products receive or had received funding under - section 319L, including with respect to whether - such countermeasures and products are most - appropriate to meet the emergency health - security needs of the United States. - ``(B) Submission.--Not later than 6 months after - completing a classified version of the review under - subparagraph (A), the Comptroller General shall submit - an unclassified version of the review to the - congressional committees of jurisdiction.''. + (1) by redesignating paragraphs (2) and (3) as paragraphs (3) + and (4), respectively; and + (2) in paragraph (1)-- + (A) by inserting ``the Assistant Secretary for Preparedness + and Response and'' after ``collaboration with''; + (B) by inserting ``and optimize'' after ``provide for''; + (C) by inserting ``and, as informed by existing + recommendations of, or consultations with, the Public Health + Emergency Medical Countermeasure Enterprise established under + section 2811-1, make necessary additions or modifications to + the contents of such stockpile or stockpiles based on the + review conducted under paragraph (2)'' before the period of the + first sentence; and + (D) by striking the second sentence; + (3) by inserting after paragraph (1) the following: + ``(2) Threat-based review.-- + ``(A) In general.--The Secretary shall conduct an annual + threat-based review (taking into account at-risk individuals) + of the contents of the stockpile under paragraph (1), including + non-pharmaceutical supplies, and, in consultation with the + Public Health Emergency Medical Countermeasures Enterprise + established under section 2811-1, review contents within the + stockpile and assess whether such contents are consistent with + the recommendations made pursuant to section 2811-1(c)(1)(A). + Such review shall be submitted on June 15, 2019, and on March + 15 of each year thereafter, to the Committee on Health, + Education, Labor, and Pensions and the Committee on + Appropriations of the Senate and the Committee on Energy and + Commerce and the Committee on Appropriations of the House of + Representatives, in a manner that does not compromise national + security. + ``(B) Additions, modifications, and replenishments.--Each + annual threat-based review under subparagraph (A) shall, for + each new or modified countermeasure procurement or + replenishment, provide-- + ``(i) information regarding-- + + ``(I) the quantities of the additional or modified + countermeasure procured for, or contracted to be + procured for, the stockpile; + ``(II) planning considerations for appropriate + manufacturing capacity and capability to meet the goals + of such additions or modifications (without disclosing + proprietary information), including consideration of + the effect such additions or modifications may have on + the availability of such products and ancillary medical + supplies in the health care system; + ``(III) the presence or lack of a commercial market + for the countermeasure at the time of procurement; + ``(IV) the emergency health security threat or + threats such countermeasure procurement is intended to + address, including whether such procurement is + consistent with meeting emergency health security needs + associated with such threat or threats; + ``(V) an assessment of whether the emergency health + security threat or threats described in subclause (IV) + could be addressed in a manner that better utilizes the + resources of the stockpile and permits the greatest + possible increase in the level of emergency + preparedness to address such threats; + ``(VI) whether such countermeasure is replenishing + an expiring or expired countermeasure, is a different + countermeasure with the same indication that is + replacing an expiring or expired countermeasure, or is + a new addition to the stockpile; + ``(VII) a description of how such additions or + modifications align with projected investments under + previous countermeasures budget plans under section + 2811(b)(7), including expected life-cycle costs, + expenditures related to countermeasure procurement to + address the threat or threats described in subclause + (IV), replenishment dates (including the ability to + extend the maximum shelf life of a countermeasure), and + the manufacturing capacity required to replenish such + countermeasure; and + ``(VIII) appropriate protocols and processes for + the deployment, distribution, or dispensing of the + countermeasure at the State and local level, including + plans for relevant capabilities of State and local + entities to dispense, distribute, and administer the + countermeasure; and + + ``(ii) an assurance, which need not be provided in + advance of procurement, that for each countermeasure + procured or replenished under this subsection, the + Secretary completed a review addressing each item listed + under this subsection in advance of such procurement or + replenishment.''; + (4) in paragraph (3), as so redesignated-- + (A) in subparagraph (A), by inserting ``and the Public + Health Emergency Medical Countermeasures Enterprise established + under section 2811-1'' before the semicolon; + (B) in subparagraph (C), by inserting ``, and the + availability, deployment, dispensing, and administration of + countermeasures'' before the semicolon; + (C) by amending subparagraph (E) to read as follows: + ``(E) devise plans for effective and timely supply-chain + management of the stockpile, in consultation with the Director + of the Centers for Disease Control and Prevention, the + Assistant Secretary for Preparedness and Response, the + Secretary of Transportation, the Secretary of Homeland + Security, the Secretary of Veterans Affairs, and the heads of + other appropriate Federal agencies; State, local, Tribal, and + territorial agencies; and the public and private health care + infrastructure, as applicable, taking into account the + manufacturing capacity and other available sources of products + and appropriate alternatives to supplies in the stockpile;''; + (D) in subparagraph (G), by striking ``; and'' and + inserting a semicolon; + (E) in subparagraph (H), by striking the period and + inserting a semicolon; and + (F) by adding at the end the following: + ``(I) ensure that each countermeasure or product under + consideration for procurement pursuant to this subsection + receives the same consideration regardless of whether such + countermeasure or product receives or had received funding + under section 319L, including with respect to whether the + countermeasure or product is most appropriate to meet the + emergency health security needs of the United States; and + ``(J) provide assistance, including technical assistance, + to maintain and improve State and local public health + preparedness capabilities to distribute and dispense medical + countermeasures and products from the stockpile, as + appropriate.''; and + (5) by adding at the end the following: + ``(5) GAO report.-- + ``(A) In general.--Not later than 3 years after the date of + enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, and every 5 years thereafter, + the Comptroller General of the United States shall conduct a + review of any changes to the contents or management of the + stockpile since January 1, 2015. Such review shall include-- + ``(i) an assessment of the comprehensiveness and + completeness of each annual threat-based review under + paragraph (2), including whether all newly procured or + replenished countermeasures within the stockpile were + described in each annual review, and whether, consistent + with paragraph (2)(B), the Secretary conducted the + necessary internal review in advance of such procurement or + replenishment; + ``(ii) an assessment of whether the Secretary + established health security and science-based + justifications, and a description of such justifications + for procurement decisions related to health security needs + with respect to the identified threat, for additions or + modifications to the stockpile based on the information + provided in such reviews under paragraph (2)(B), including + whether such review was conducted prior to procurement, + modification, or replenishment; + ``(iii) an assessment of the plans developed by the + Secretary for the deployment, distribution, and dispensing + of countermeasures procured, modified, or replenished under + paragraph (1), including whether such plans were developed + prior to procurement, modification, or replenishment; + ``(iv) an accounting of countermeasures procured, + modified, or replenished under paragraph (1) that received + advanced research and development funding from the + Biomedical Advanced Research and Development Authority; + ``(v) an analysis of how such procurement decisions + made progress toward meeting emergency health security + needs related to the identified threats for countermeasures + added, modified, or replenished under paragraph (1); + ``(vi) a description of the resources expended related + to the procurement of countermeasures (including additions, + modifications, and replenishments) in the stockpile, and + how such expenditures relate to the ability of the + stockpile to meet emergency health security needs; + ``(vii) an assessment of the extent to which additions, + modifications, and replenishments reviewed under paragraph + (2) align with previous relevant reports or reviews by the + Secretary or the Comptroller General; + ``(viii) with respect to any change in the Federal + organizational management of the stockpile, an assessment + and comparison of the processes affected by such change, + including planning for potential countermeasure deployment, + distribution, or dispensing capabilities and processes + related to procurement decisions, use of stockpiled + countermeasures, and use of resources for such activities; + and + ``(ix) an assessment of whether the processes and + procedures described by the Secretary pursuant to section + 403(b) of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019 are sufficient to ensure + countermeasures and products under consideration for + procurement pursuant to subsection (a) receive the same + consideration regardless of whether such countermeasures + and products receive or had received funding under section + 319L, including with respect to whether such + countermeasures and products are most appropriate to meet + the emergency health security needs of the United States. + ``(B) Submission.--Not later than 6 months after completing + a classified version of the review under subparagraph (A), the + Comptroller General shall submit an unclassified version of the + review to the congressional committees of jurisdiction.''. (b) Additional Reporting.--In the first threat-based review submitted after the date of enactment of this Act pursuant to paragraph (2) of section 319F-2(a) of the Public Health Service Act (42 U.S.C. @@ -2623,168 +2333,144 @@ Stockpile.--Section 319F-2(f)(1) (42 U.S.C. 247d-6b(f)(1)) is amended by striking ``$533,800,000 for each of fiscal years 2014 through 2018'' and inserting ``$610,000,000 for each of fiscal years 2019 through 2023, to remain available until expended''. - -SEC. 404. PREPARING FOR PANDEMIC INFLUENZA, ANTIMICROBIAL RESISTANCE, - AND OTHER SIGNIFICANT THREATS. - + SEC. 404. PREPARING FOR PANDEMIC INFLUENZA, ANTIMICROBIAL + RESISTANCE, AND OTHER SIGNIFICANT THREATS. (a) Strategic Initiatives.--Section 319L(c)(4) (247d-7e(c)(4)) is amended by adding at the end the following: - ``(F) Strategic initiatives.--The Secretary, acting - through the Director of BARDA, may implement strategic - initiatives, including by building on existing programs - and by awarding contracts, grants, and cooperative - agreements, or entering into other transactions, to - support innovative candidate products in preclinical - and clinical development that address priority, - naturally occurring and man-made threats that, as - determined by the Secretary, pose a significant level - of risk to national security based on the - characteristics of a chemical, biological, radiological - or nuclear threat, or existing capabilities to respond - to such a threat (including medical response and - treatment capabilities and manufacturing - infrastructure). Such initiatives shall accelerate and - support the advanced research, development, and - procurement of countermeasures and products, as - applicable, to address areas including-- - ``(i) chemical, biological, radiological, - or nuclear threats, including emerging - infectious diseases, for which insufficient - approved, licensed, or authorized - countermeasures exist, or for which such - threat, or the result of an exposure to such - threat, may become resistant to countermeasures - or existing countermeasures may be rendered - ineffective; - ``(ii) threats that consistently exist or - continually circulate and have a significant - potential to become a pandemic, such as - pandemic influenza, which may include the - advanced research and development, - manufacturing, and appropriate stockpiling of - qualified pandemic or epidemic products, and - products, technologies, or processes to support - the advanced research and development of such - countermeasures (including multiuse platform - technologies for diagnostics, vaccines, and - therapeutics; virus seeds; clinical trial lots; - novel virus strains; and antigen and adjuvant - material); and - ``(iii) threats that may result primarily - or secondarily from a chemical, biological, - radiological, or nuclear agent, or emerging - infectious diseases, and which may present - increased treatment complications such as the - occurrence of resistance to available - countermeasures or potential countermeasures, - including antimicrobial resistant pathogens.''. + ``(F) Strategic initiatives.--The Secretary, acting through + the Director of BARDA, may implement strategic initiatives, + including by building on existing programs and by awarding + contracts, grants, and cooperative agreements, or entering into + other transactions, to support innovative candidate products in + preclinical and clinical development that address priority, + naturally occurring and man-made threats that, as determined by + the Secretary, pose a significant level of risk to national + security based on the characteristics of a chemical, + biological, radiological or nuclear threat, or existing + capabilities to respond to such a threat (including medical + response and treatment capabilities and manufacturing + infrastructure). Such initiatives shall accelerate and support + the advanced research, development, and procurement of + countermeasures and products, as applicable, to address areas + including-- + ``(i) chemical, biological, radiological, or nuclear + threats, including emerging infectious diseases, for which + insufficient approved, licensed, or authorized + countermeasures exist, or for which such threat, or the + result of an exposure to such threat, may become resistant + to countermeasures or existing countermeasures may be + rendered ineffective; + ``(ii) threats that consistently exist or continually + circulate and have a significant potential to become a + pandemic, such as pandemic influenza, which may include the + advanced research and development, manufacturing, and + appropriate stockpiling of qualified pandemic or epidemic + products, and products, technologies, or processes to + support the advanced research and development of such + countermeasures (including multiuse platform technologies + for diagnostics, vaccines, and therapeutics; virus seeds; + clinical trial lots; novel virus strains; and antigen and + adjuvant material); and + ``(iii) threats that may result primarily or + secondarily from a chemical, biological, radiological, or + nuclear agent, or emerging infectious diseases, and which + may present increased treatment complications such as the + occurrence of resistance to available countermeasures or + potential countermeasures, including antimicrobial + resistant pathogens.''. (b) Protection of National Security From Threats.--Section 2811 (42 U.S.C. 300hh-10) is amended by adding at the end the following: ``(f) Protection of National Security From Threats.-- - ``(1) In general.--In carrying out subsection (b)(3), the - Assistant Secretary for Preparedness and Response shall - implement strategic initiatives or activities to address - threats, including pandemic influenza and which may include a - chemical, biological, radiological, or nuclear agent (including - any such agent with a significant potential to become a - pandemic), that pose a significant level of risk to public - health and national security based on the characteristics of - such threat. Such initiatives shall include activities to-- - ``(A) accelerate and support the advanced research, - development, manufacturing capacity, procurement, and - stockpiling of countermeasures, including initiatives - under section 319L(c)(4)(F); - ``(B) support the development and manufacturing of - virus seeds, clinical trial lots, and stockpiles of - novel virus strains; and - ``(C) maintain or improve preparedness activities, - including for pandemic influenza. - ``(2) Authorization of appropriations.-- - ``(A) In general.--To carry out this subsection, - there is authorized to be appropriated $250,000,000 for - each of fiscal years 2019 through 2023. - ``(B) Supplement, not supplant.--Amounts - appropriated under this paragraph shall be used to - supplement and not supplant funds provided under - sections 319L(d) and 319F-2(g). - ``(C) Documentation required.--The Assistant - Secretary for Preparedness and Response, in accordance - with subsection (b)(7), shall document amounts expended - for purposes of carrying out this subsection, including - amounts appropriated under the heading `Public Health - and Social Services Emergency Fund' under the heading - `Office of the Secretary' under title II of division H - of the Consolidated Appropriations Act, 2018 (Public - Law 115-141) and allocated to carrying out section - 319L(c)(4)(F).''. - -SEC. 405. REPORTING ON THE FEDERAL SELECT AGENT PROGRAM. - + ``(1) In general.--In carrying out subsection (b)(3), the + Assistant Secretary for Preparedness and Response shall implement + strategic initiatives or activities to address threats, including + pandemic influenza and which may include a chemical, biological, + radiological, or nuclear agent (including any such agent with a + significant potential to become a pandemic), that pose a + significant level of risk to public health and national security + based on the characteristics of such threat. Such initiatives shall + include activities to-- + ``(A) accelerate and support the advanced research, + development, manufacturing capacity, procurement, and + stockpiling of countermeasures, including initiatives under + section 319L(c)(4)(F); + ``(B) support the development and manufacturing of virus + seeds, clinical trial lots, and stockpiles of novel virus + strains; and + ``(C) maintain or improve preparedness activities, + including for pandemic influenza. + ``(2) Authorization of appropriations.-- + ``(A) In general.--To carry out this subsection, there is + authorized to be appropriated $250,000,000 for each of fiscal + years 2019 through 2023. + ``(B) Supplement, not supplant.--Amounts appropriated under + this paragraph shall be used to supplement and not supplant + funds provided under sections 319L(d) and 319F-2(g). + ``(C) Documentation required.--The Assistant Secretary for + Preparedness and Response, in accordance with subsection + (b)(7), shall document amounts expended for purposes of + carrying out this subsection, including amounts appropriated + under the heading `Public Health and Social Services Emergency + Fund' under the heading `Office of the Secretary' under title + II of division H of the Consolidated Appropriations Act, 2018 + (Public Law 115-141) and allocated to carrying out section + 319L(c)(4)(F).''. + SEC. 405. REPORTING ON THE FEDERAL SELECT AGENT PROGRAM. Section 351A(k) (42 U.S.C. 262a(k)) is amended-- - (1) by striking ``The Secretary'' and inserting the - following: - ``(1) In general.--The Secretary''; and - (2) by adding at the end the following: - ``(2) Implementation of recommendations of the federal - experts security advisory panel and the fast track action - committee on select agent regulations.-- - ``(A) In general.--Not later than 1 year after the - date of the enactment of the Pandemic and All-Hazards - Preparedness and Advancing Innovation Act of 2019, the - Secretary shall report to the congressional committees - of jurisdiction on the implementation of - recommendations of the Federal Experts Security - Advisory Panel concerning the select agent program. - ``(B) Continued updates.--The Secretary shall - report to the congressional committees of jurisdiction - annually following the submission of the report under - subparagraph (A) until the recommendations described in - such subparagraph are fully implemented, or a - justification is provided for the delay in, or lack of, - implementation.''. + (1) by striking ``The Secretary'' and inserting the following: + ``(1) In general.--The Secretary''; and + (2) by adding at the end the following: + ``(2) Implementation of recommendations of the federal experts + security advisory panel and the fast track action committee on + select agent regulations.-- + ``(A) In general.--Not later than 1 year after the date of + the enactment of the Pandemic and All-Hazards Preparedness and + Advancing Innovation Act of 2019, the Secretary shall report to + the congressional committees of jurisdiction on the + implementation of recommendations of the Federal Experts + Security Advisory Panel concerning the select agent program. + ``(B) Continued updates.--The Secretary shall report to the + congressional committees of jurisdiction annually following the + submission of the report under subparagraph (A) until the + recommendations described in such subparagraph are fully + implemented, or a justification is provided for the delay in, + or lack of, implementation.''. TITLE V--INCREASING COMMUNICATION IN MEDICAL COUNTERMEASURE ADVANCED RESEARCH AND DEVELOPMENT -SEC. 501. MEDICAL COUNTERMEASURE BUDGET PLAN. - + SEC. 501. MEDICAL COUNTERMEASURE BUDGET PLAN. Section 2811(b)(7) (42 U.S.C. 300hh-10(b)(7)) is amended-- - (1) in the matter preceding subparagraph (A), by striking - ``March 1'' and inserting ``March 15''; - (2) in subparagraph (A)-- - (A) in clause (ii), by striking ``; and'' and - inserting ``;''; and - (B) by striking clause (iii) and inserting the - following: - ``(iii) procurement, stockpiling, - maintenance, and potential replenishment - (including manufacturing capabilities) of all - products in the Strategic National Stockpile; - ``(iv) the availability of technologies - that may assist in the advanced research and - development of countermeasures and - opportunities to use such technologies to - accelerate and navigate challenges unique to - countermeasure research and development; and - ``(v) potential deployment, distribution, - and utilization of medical countermeasures; - development of clinical guidance and emergency - use instructions for the use of medical - countermeasures; and, as applicable, potential - postdeployment activities related to medical - countermeasures;''; - (3) by redesignating subparagraphs (D) and (E) as - subparagraphs (E) and (F), respectively; and - (4) by inserting after subparagraph (C), the following: - ``(D) identify the full range of anticipated - medical countermeasure needs related to research and - development, procurement, and stockpiling, including - the potential need for indications, dosing, and - administration technologies, and other countermeasure - needs as applicable and appropriate;''. - -SEC. 502. MATERIAL THREAT AND MEDICAL COUNTERMEASURE NOTIFICATIONS. - + (1) in the matter preceding subparagraph (A), by striking + ``March 1'' and inserting ``March 15''; + (2) in subparagraph (A)-- + (A) in clause (ii), by striking ``; and'' and inserting + ``;''; and + (B) by striking clause (iii) and inserting the following: + ``(iii) procurement, stockpiling, maintenance, and + potential replenishment (including manufacturing + capabilities) of all products in the Strategic National + Stockpile; + ``(iv) the availability of technologies that may assist + in the advanced research and development of countermeasures + and opportunities to use such technologies to accelerate + and navigate challenges unique to countermeasure research + and development; and + ``(v) potential deployment, distribution, and + utilization of medical countermeasures; development of + clinical guidance and emergency use instructions for the + use of medical countermeasures; and, as applicable, + potential postdeployment activities related to medical + countermeasures;''; + (3) by redesignating subparagraphs (D) and (E) as subparagraphs + (E) and (F), respectively; and + (4) by inserting after subparagraph (C), the following: + ``(D) identify the full range of anticipated medical + countermeasure needs related to research and development, + procurement, and stockpiling, including the potential need for + indications, dosing, and administration technologies, and other + countermeasure needs as applicable and appropriate;''. + SEC. 502. MATERIAL THREAT AND MEDICAL COUNTERMEASURE NOTIFICATIONS. (a) Congressional Notification of Material Threat Determination.-- Section 319F-2(c)(2)(C) (42 U.S.C. 247d-6b(c)(2)(C)) is amended by striking ``The Secretary and the Homeland Security Secretary shall @@ -2801,54 +2487,49 @@ Representatives''. the following: ``The Secretary shall notify the vendor within 90 days of a determination by the Secretary to renew, extend, or terminate such contract.''. - -SEC. 503. AVAILABILITY OF REGULATORY MANAGEMENT PLANS. - + SEC. 503. AVAILABILITY OF REGULATORY MANAGEMENT PLANS. Section 565(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-4(f)) is amended-- - (1) by redesignating paragraphs (3) through (6) as - paragraphs (4) through (7), respectively; - (2) by inserting after paragraph (2) the following: - ``(3) Publication.--The Secretary shall make available on - the internet website of the Food and Drug Administration - information regarding regulatory management plans, including-- - ``(A) the process by which an applicant may submit - a request for a regulatory management plan; - ``(B) the timeframe by which the Secretary is - required to respond to such request; - ``(C) the information required for the submission - of such request; - ``(D) a description of the types of development - milestones and performance targets that could be - discussed and included in such plans; and - ``(E) contact information for beginning the - regulatory management plan process.''; - (3) in paragraph (6), as so redesignated, in the matter - preceding subparagraph (A)-- - (A) by striking ``paragraph (4)(A)'' and inserting - ``paragraph (5)(A)''; and - (B) by striking ``paragraph (4)(B)'' and inserting - ``paragraph (5)(B)''; and - (4) in paragraph (7)(A), as so redesignated, by striking - ``paragraph (3)(A)'' and inserting ``paragraph (4)(A)''. - -SEC. 504. THE BIOMEDICAL ADVANCED RESEARCH AND DEVELOPMENT AUTHORITY - AND THE BIOSHIELD SPECIAL RESERVE FUND. - + (1) by redesignating paragraphs (3) through (6) as paragraphs + (4) through (7), respectively; + (2) by inserting after paragraph (2) the following: + ``(3) Publication.--The Secretary shall make available on the + internet website of the Food and Drug Administration information + regarding regulatory management plans, including-- + ``(A) the process by which an applicant may submit a + request for a regulatory management plan; + ``(B) the timeframe by which the Secretary is required to + respond to such request; + ``(C) the information required for the submission of such + request; + ``(D) a description of the types of development milestones + and performance targets that could be discussed and included in + such plans; and + ``(E) contact information for beginning the regulatory + management plan process.''; + (3) in paragraph (6), as so redesignated, in the matter + preceding subparagraph (A)-- + (A) by striking ``paragraph (4)(A)'' and inserting + ``paragraph (5)(A)''; and + (B) by striking ``paragraph (4)(B)'' and inserting + ``paragraph (5)(B)''; and + (4) in paragraph (7)(A), as so redesignated, by striking + ``paragraph (3)(A)'' and inserting ``paragraph (4)(A)''. + SEC. 504. THE BIOMEDICAL ADVANCED RESEARCH AND DEVELOPMENT + AUTHORITY AND THE BIOSHIELD SPECIAL RESERVE FUND. (a) BioShield Special Reserve Fund.--Section 319F-2(g)(1) (42 U.S.C. 247d-6b(g)(1)) is amended-- - (1) by striking ``$2,800,000,000 for the period of fiscal - years 2014 through 2018'' and inserting ``$7,100,000,000 for - the period of fiscal years 2019 through 2028, to remain - available until expended''; and - (2) by striking the second sentence. + (1) by striking ``$2,800,000,000 for the period of fiscal years + 2014 through 2018'' and inserting ``$7,100,000,000 for the period + of fiscal years 2019 through 2028, to remain available until + expended''; and + (2) by striking the second sentence. (b) The Biomedical Advanced Research and Development Authority.-- Section 319L(d)(2) (42 U.S.C. 247d-7e(d)(2)) is amended by striking ``$415,000,000 for each of fiscal years 2014 through 2018'' and inserting ``$611,700,000 for each of fiscal years 2019 through 2023''. - -SEC. 505. ADDITIONAL STRATEGIES FOR COMBATING ANTIBIOTIC RESISTANCE. - + SEC. 505. ADDITIONAL STRATEGIES FOR COMBATING ANTIBIOTIC + RESISTANCE. (a) Advisory Council.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') may continue the Presidential Advisory Council on Combating Antibiotic-Resistant @@ -2859,37 +2540,36 @@ policies intended to reduce or combat antibiotic-resistant bacteria that may present a public health threat and improve capabilities to prevent, diagnose, mitigate, or treat such resistance. Such advice, information, and recommendations may be related to improving-- - (1) the effectiveness of antibiotics; - (2) research and advanced research on, and the development - of, improved and innovative methods for combating or reducing - antibiotic resistance, including new treatments, rapid point- - of-care diagnostics, alternatives to antibiotics, including - alternatives to animal antibiotics, and antimicrobial - stewardship activities; - (3) surveillance of antibiotic-resistant bacterial - infections, including publicly available and up-to-date - information on resistance to antibiotics; - (4) education for health care providers and the public with - respect to up-to-date information on antibiotic resistance and - ways to reduce or combat such resistance to antibiotics related - to humans and animals; - (5) methods to prevent or reduce the transmission of - antibiotic-resistant bacterial infections, including - stewardship programs; and - (6) coordination with respect to international efforts in - order to inform and advance United States capabilities to - combat antibiotic resistance. + (1) the effectiveness of antibiotics; + (2) research and advanced research on, and the development of, + improved and innovative methods for combating or reducing + antibiotic resistance, including new treatments, rapid point-of- + care diagnostics, alternatives to antibiotics, including + alternatives to animal antibiotics, and antimicrobial stewardship + activities; + (3) surveillance of antibiotic-resistant bacterial infections, + including publicly available and up-to-date information on + resistance to antibiotics; + (4) education for health care providers and the public with + respect to up-to-date information on antibiotic resistance and ways + to reduce or combat such resistance to antibiotics related to + humans and animals; + (5) methods to prevent or reduce the transmission of + antibiotic-resistant bacterial infections, including stewardship + programs; and + (6) coordination with respect to international efforts in order + to inform and advance United States capabilities to combat + antibiotic resistance. (c) Meetings and Coordination.-- - (1) Meetings.--The Advisory Council shall meet not less - than biannually and, to the extent practicable, in coordination - with meetings of the Antimicrobial Resistance Task Force - established in section 319E(a) of the Public Health Service - Act. - (2) Coordination.--The Advisory Council shall, to the - greatest extent practicable, coordinate activities carried out - by the Council with the Antimicrobial Resistance Task Force - established under section 319E(a) of the Public Health Service - Act (42 U.S.C. 247d-5(a)). + (1) Meetings.--The Advisory Council shall meet not less than + biannually and, to the extent practicable, in coordination with + meetings of the Antimicrobial Resistance Task Force established in + section 319E(a) of the Public Health Service Act. + (2) Coordination.--The Advisory Council shall, to the greatest + extent practicable, coordinate activities carried out by the + Council with the Antimicrobial Resistance Task Force established + under section 319E(a) of the Public Health Service Act (42 U.S.C. + 247d-5(a)). (d) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities and duties of the Advisory Council. (e) Extension of Advisory Council.--Not later than October 1, 2022, @@ -2905,50 +2585,42 @@ Act (42 U.S.C. 247d-5(a)). TITLE VI--ADVANCING TECHNOLOGIES FOR MEDICAL COUNTERMEASURES -SEC. 601. ADMINISTRATION OF COUNTERMEASURES. - + SEC. 601. ADMINISTRATION OF COUNTERMEASURES. Section 319L(c)(4)(D)(iii) (42 U.S.C. 247d-7e(c)(4)(D)(iii)) is amended by striking ``and platform technologies'' and inserting ``platform technologies, technologies to administer countermeasures, and technologies to improve storage and transportation of countermeasures''. - -SEC. 602. UPDATING DEFINITIONS OF OTHER TRANSACTIONS. - + SEC. 602. UPDATING DEFINITIONS OF OTHER TRANSACTIONS. Section 319L (42 U.S.C. 247d-7e) is amended-- - (1) in subsection (a)(3), by striking ``, such as'' and all - that follows through ``Code''; and - (2) in subsection (c)(5)(A)-- - (A) in clause (i), by striking ``under this - subsection'' and all that follows through ``Code'' and - inserting ``(as defined in subsection (a)(3)) under - this subsection''; and - (B) in clause (ii)-- - (i) by amending subclause (I) to read as - follows: - ``(I) In general.--To the maximum - extent practicable, competitive - procedures shall be used when entering - into transactions to carry out projects - under this subsection.''; and - (ii) in subclause (II)-- - (I) by striking ``$20,000,000'' and - inserting ``$100,000,000''; - (II) by striking ``senior - procurement executive for the - Department (as designated for purpose - of section 16(c) of the Office of - Federal Procurement Policy Act (41 - U.S.C. 414(c)))'' and inserting - ``Assistant Secretary for Financial - Resources''; and - (III) by striking ``senior - procurement executive under'' and - inserting ``Assistant Secretary for - Financial Resources under''. - -SEC. 603. MEDICAL COUNTERMEASURE MASTER FILES. - + (1) in subsection (a)(3), by striking ``, such as'' and all + that follows through ``Code''; and + (2) in subsection (c)(5)(A)-- + (A) in clause (i), by striking ``under this subsection'' + and all that follows through ``Code'' and inserting ``(as + defined in subsection (a)(3)) under this subsection''; and + (B) in clause (ii)-- + (i) by amending subclause (I) to read as follows: + + ``(I) In general.--To the maximum extent + practicable, competitive procedures shall be used when + entering into transactions to carry out projects under + this subsection.''; and + + (ii) in subclause (II)-- + + (I) by striking ``$20,000,000'' and inserting + ``$100,000,000''; + (II) by striking ``senior procurement executive for + the Department (as designated for purpose of section + 16(c) of the Office of Federal Procurement Policy Act + (41 U.S.C. 414(c)))'' and inserting ``Assistant + Secretary for Financial Resources''; and + (III) by striking ``senior procurement executive + under'' and inserting ``Assistant Secretary for + Financial Resources under''. + + SEC. 603. MEDICAL COUNTERMEASURE MASTER FILES. (a) In General.--The purpose of this section (including section 565B of the Federal Food, Drug, and Cosmetic Act, as added by subsection (b)) is to support and advance the development or @@ -2963,164 +2635,151 @@ master files or other master files. (b) Medical Countermeasure Master Files.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 565A the following: - ``SEC. 565B. MEDICAL COUNTERMEASURE MASTER FILES. - ``(a) Applicability of Reference.-- - ``(1) In general.--A person may submit data and information - in a master file to the Secretary with the intent to reference, - or to authorize, in writing, another person to reference, such - data or information to support a medical countermeasure - submission (including a supplement or amendment to any such - submission), without requiring the master file holder to - disclose the data and information to any such persons - authorized to reference the master file. Such data and - information shall be available for reference by the master file - holder or by a person authorized by the master file holder, in - accordance with applicable privacy and confidentiality - protocols and regulations. - ``(2) Reference of certain master files.--In the case that - data or information within a medical countermeasure master file - is used only to support the conditional approval of an - application filed under section 571, such master file may be - relied upon to support the effectiveness of a product that is - the subject of a subsequent medical countermeasure submission - only if such application is supplemented by additional data or - information to support review and approval in a manner - consistent with the standards applicable to such review and - approval for such countermeasure, qualified countermeasure, or - qualified pandemic or epidemic product. + ``(1) In general.--A person may submit data and information in + a master file to the Secretary with the intent to reference, or to + authorize, in writing, another person to reference, such data or + information to support a medical countermeasure submission + (including a supplement or amendment to any such submission), + without requiring the master file holder to disclose the data and + information to any such persons authorized to reference the master + file. Such data and information shall be available for reference by + the master file holder or by a person authorized by the master file + holder, in accordance with applicable privacy and confidentiality + protocols and regulations. + ``(2) Reference of certain master files.--In the case that data + or information within a medical countermeasure master file is used + only to support the conditional approval of an application filed + under section 571, such master file may be relied upon to support + the effectiveness of a product that is the subject of a subsequent + medical countermeasure submission only if such application is + supplemented by additional data or information to support review + and approval in a manner consistent with the standards applicable + to such review and approval for such countermeasure, qualified + countermeasure, or qualified pandemic or epidemic product. ``(b) Medical Countermeasure Master File Content.-- - ``(1) In general.--A master file under this section may - include data or information to support-- - ``(A) the development of medical countermeasure - submissions to support the approval, licensure, - classification, clearance, conditional approval, or - authorization of one or more security countermeasures, - qualified countermeasures, or qualified pandemic or - epidemic products; and - ``(B) the manufacture of security countermeasures, - qualified countermeasures, or qualified pandemic or - epidemic products. - ``(2) Required updates.--The Secretary may require, as - appropriate, that the master file holder ensure that the - contents of such master file are updated during the time such - master file is referenced for a medical countermeasure - submission. + ``(1) In general.--A master file under this section may include + data or information to support-- + ``(A) the development of medical countermeasure submissions + to support the approval, licensure, classification, clearance, + conditional approval, or authorization of one or more security + countermeasures, qualified countermeasures, or qualified + pandemic or epidemic products; and + ``(B) the manufacture of security countermeasures, + qualified countermeasures, or qualified pandemic or epidemic + products. + ``(2) Required updates.--The Secretary may require, as + appropriate, that the master file holder ensure that the contents + of such master file are updated during the time such master file is + referenced for a medical countermeasure submission. ``(c) Sponsor Reference.-- - ``(1) In general.--Each incorporation of data or - information within a medical countermeasure master file shall - describe the incorporated material in a manner in which the - Secretary determines appropriate and that permits the review of - such information within such master file without necessitating - resubmission of such data or information. Master files shall be - submitted in an electronic format in accordance with sections - 512(b)(4), 571(a)(4), and 745A, as applicable, and as specified - in applicable guidance. - ``(2) Reference by a master file holder.--A master file - holder that is the sponsor of a medical countermeasure - submission shall notify the Secretary in writing of the intent - to reference the medical countermeasure master file as a part - of the submission. - ``(3) Reference by an authorized person.--A person - submitting an application for review may, where the Secretary - determines appropriate, incorporate by reference all or part of - the contents of a medical countermeasure master file, if the - master file holder authorizes the incorporation in writing. + ``(1) In general.--Each incorporation of data or information + within a medical countermeasure master file shall describe the + incorporated material in a manner in which the Secretary determines + appropriate and that permits the review of such information within + such master file without necessitating resubmission of such data or + information. Master files shall be submitted in an electronic + format in accordance with sections 512(b)(4), 571(a)(4), and 745A, + as applicable, and as specified in applicable guidance. + ``(2) Reference by a master file holder.--A master file holder + that is the sponsor of a medical countermeasure submission shall + notify the Secretary in writing of the intent to reference the + medical countermeasure master file as a part of the submission. + ``(3) Reference by an authorized person.--A person submitting + an application for review may, where the Secretary determines + appropriate, incorporate by reference all or part of the contents + of a medical countermeasure master file, if the master file holder + authorizes the incorporation in writing. ``(d) Acknowledgment of and Reliance Upon a Master File by the Secretary.-- - ``(1) In general.--The Secretary shall provide the master - file holder with a written notification indicating that the - Secretary has reviewed and relied upon specified data or - information within a master file and the purposes for which - such data or information was incorporated by reference if the - Secretary has reviewed and relied upon such specified data or - information to support the approval, classification, - conditional approval, clearance, licensure, or authorization of - a security countermeasure, qualified countermeasure, or - qualified pandemic or epidemic product. The Secretary may rely - upon the data and information within the medical countermeasure - master file for which such written notification was provided in - additional applications, as applicable and appropriate and upon - the request of the master file holder so notified in writing or - by an authorized person of such holder. - ``(2) Certain applications.--If the Secretary has reviewed - and relied upon specified data or information within a medical - countermeasure master file to support the conditional approval - of an application under section 571 to subsequently support the - approval, clearance, licensure, or authorization of a security - countermeasure, qualified countermeasure, or qualified pandemic - or epidemic product, the Secretary shall provide a brief - written description to the master file holder regarding the - elements of the application fulfilled by the data or - information within the master file and how such data or - information contained in such application meets the standards - of evidence under subsection (c) or (d) of section 505, - subsection (d) of section 512, or section 351 of the Public - Health Service Act (as applicable), which shall not include any - trade secret or confidential commercial information. + ``(1) In general.--The Secretary shall provide the master file + holder with a written notification indicating that the Secretary + has reviewed and relied upon specified data or information within a + master file and the purposes for which such data or information was + incorporated by reference if the Secretary has reviewed and relied + upon such specified data or information to support the approval, + classification, conditional approval, clearance, licensure, or + authorization of a security countermeasure, qualified + countermeasure, or qualified pandemic or epidemic product. The + Secretary may rely upon the data and information within the medical + countermeasure master file for which such written notification was + provided in additional applications, as applicable and appropriate + and upon the request of the master file holder so notified in + writing or by an authorized person of such holder. + ``(2) Certain applications.--If the Secretary has reviewed and + relied upon specified data or information within a medical + countermeasure master file to support the conditional approval of + an application under section 571 to subsequently support the + approval, clearance, licensure, or authorization of a security + countermeasure, qualified countermeasure, or qualified pandemic or + epidemic product, the Secretary shall provide a brief written + description to the master file holder regarding the elements of the + application fulfilled by the data or information within the master + file and how such data or information contained in such application + meets the standards of evidence under subsection (c) or (d) of + section 505, subsection (d) of section 512, or section 351 of the + Public Health Service Act (as applicable), which shall not include + any trade secret or confidential commercial information. ``(e) Rules of Construction.--Nothing in this section shall be construed to-- - ``(1) limit the authority of the Secretary to approve, - license, clear, conditionally approve, or authorize drugs, - biological products, or devices pursuant to, as applicable, - this Act or section 351 of the Public Health Service Act (as - such applicable Act is in effect on the day before the date of - enactment of the Pandemic and All-Hazards Preparedness and - Advancing Innovation Act of 2019), including the standards of - evidence, and applicable conditions, for approval under the - applicable Act; - ``(2) alter the standards of evidence with respect to - approval, licensure, or clearance, as applicable, of drugs, - biological products, or devices under this Act or section 351 - of the Public Health Service Act, including, as applicable, the - substantial evidence standards under sections 505(d) and 512(d) - or this Act and section 351(a) of the Public Health Service - Act; or - ``(3) alter the authority of the Secretary under this Act - or the Public Health Service Act to determine the types of data - or information previously submitted by a sponsor or any other - person that may be incorporated by reference in an application, - request, or notification for a drug, biological product, or - device submitted under sections 505(i), 505(b), 505(j), - 512(b)(1), 512(b)(2), 512(j), 564, 571, 520(g), 515(c), - 513(f)(2), or 510(k) of this Act, or subsection (a) or (k) of - section 351 of the Public Health Service Act, including a - supplement or amendment to any such submission, and the - requirements associated with such reference. + ``(1) limit the authority of the Secretary to approve, license, + clear, conditionally approve, or authorize drugs, biological + products, or devices pursuant to, as applicable, this Act or + section 351 of the Public Health Service Act (as such applicable + Act is in effect on the day before the date of enactment of the + Pandemic and All-Hazards Preparedness and Advancing Innovation Act + of 2019), including the standards of evidence, and applicable + conditions, for approval under the applicable Act; + ``(2) alter the standards of evidence with respect to approval, + licensure, or clearance, as applicable, of drugs, biological + products, or devices under this Act or section 351 of the Public + Health Service Act, including, as applicable, the substantial + evidence standards under sections 505(d) and 512(d) or this Act and + section 351(a) of the Public Health Service Act; or + ``(3) alter the authority of the Secretary under this Act or + the Public Health Service Act to determine the types of data or + information previously submitted by a sponsor or any other person + that may be incorporated by reference in an application, request, + or notification for a drug, biological product, or device submitted + under sections 505(i), 505(b), 505(j), 512(b)(1), 512(b)(2), + 512(j), 564, 571, 520(g), 515(c), 513(f)(2), or 510(k) of this Act, + or subsection (a) or (k) of section 351 of the Public Health + Service Act, including a supplement or amendment to any such + submission, and the requirements associated with such reference. ``(f) Definitions.--In this section: - ``(1) The term `master file holder' means a person who - submits data and information to the Secretary with the intent - to reference or authorize another person to reference such data - or information to support a medical countermeasure submission, - as described in subsection (a). - ``(2) The term `medical countermeasure submission' means an - investigational new drug application under section 505(i), a - new drug application under section 505(b), or an abbreviated - new drug application under section 505(j) of this Act, a - biological product license application under section 351(a) of - the Public Health Service Act or a biosimilar biological - product license application under section 351(k) of the Public - Health Service Act, a new animal drug application under section - 512(b)(1) or abbreviated new animal drug application under - section 512(b)(2), an application for conditional approval of a - new animal drug under section 571, an investigational device - application under section 520(g), an application with respect - to a device under section 515(c), a request for classification - of a device under section 513(f)(2), a notification with - respect to a device under section 510(k), or a request for an - emergency use authorization under section 564 to support-- - ``(A) the approval, licensure, classification, - clearance, conditional approval, or authorization of a - security countermeasure, qualified countermeasure, or - qualified pandemic or epidemic product; or - ``(B) a new indication to an approved security - countermeasure, qualified countermeasure, or qualified - pandemic or epidemic product. - ``(3) The terms `qualified countermeasure', `security - countermeasure', and `qualified pandemic or epidemic product' - have the meanings given such terms in sections 319F-1, 319F-2, - and 319F-3, respectively, of the Public Health Service Act.''. + ``(1) The term `master file holder' means a person who submits + data and information to the Secretary with the intent to reference + or authorize another person to reference such data or information + to support a medical countermeasure submission, as described in + subsection (a). + ``(2) The term `medical countermeasure submission' means an + investigational new drug application under section 505(i), a new + drug application under section 505(b), or an abbreviated new drug + application under section 505(j) of this Act, a biological product + license application under section 351(a) of the Public Health + Service Act or a biosimilar biological product license application + under section 351(k) of the Public Health Service Act, a new animal + drug application under section 512(b)(1) or abbreviated new animal + drug application under section 512(b)(2), an application for + conditional approval of a new animal drug under section 571, an + investigational device application under section 520(g), an + application with respect to a device under section 515(c), a + request for classification of a device under section 513(f)(2), a + notification with respect to a device under section 510(k), or a + request for an emergency use authorization under section 564 to + support-- + ``(A) the approval, licensure, classification, clearance, + conditional approval, or authorization of a security + countermeasure, qualified countermeasure, or qualified pandemic + or epidemic product; or + ``(B) a new indication to an approved security + countermeasure, qualified countermeasure, or qualified pandemic + or epidemic product. + ``(3) The terms `qualified countermeasure', `security + countermeasure', and `qualified pandemic or epidemic product' have + the meanings given such terms in sections 319F-1, 319F-2, and 319F- + 3, respectively, of the Public Health Service Act.''. (c) Stakeholder Input.--Not later than 18 months after the date of enactment of this Act, the Secretary, acting through the Commissioner of Food and Drugs and in consultation with the Assistant Secretary for @@ -3149,9 +2808,7 @@ countermeasures, and qualified pandemic or epidemic products. The Secretary, acting through the Commissioner of Food and Drugs, shall publish the final guidance not later than 3 years after the enactment of this Act. - -SEC. 604. ANIMAL RULE REPORT. - + SEC. 604. ANIMAL RULE REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study on the application of the requirements under subsections (c) and (d) of section 565 of the of the Federal Food, @@ -3161,49 +2818,45 @@ countermeasure advanced development under the Biomedical Advanced Research and Development Authority and regulatory review by the Food and Drug Administration. In conducting such study, the Comptroller General shall examine the following: - (1) The extent to which advanced development and review of - a medical countermeasure are coordinated between the Biomedical - Advanced Research and Development Authority and the Food and - Drug Administration, including activities that facilitate - appropriate and efficient design of studies to support - approval, licensure, and authorization under the animal rule, - consistent with the recommendations in the animal rule - guidance, issued pursuant to section 565(c) of the Federal - Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-4(c)) and - entitled ``Product Development Under the Animal Rule: Guidance - for Industry'' (issued in October 2015), to resolve - discrepancies in the design of adequate and well-controlled - efficacy studies conducted in animal models related to the - provision of substantial evidence of effectiveness for the - product approved, licensed, or authorized under the animal - rule. - (2) The consistency of the application of the animal rule - among and between review divisions within the Food and Drug - Administration. - (3) The flexibility pursuant to the animal rule to address - variations in countermeasure development and review processes, - including the extent to which qualified animal models are - adopted and used within the Food and Drug Administration in - regulatory decisionmaking with respect to medical - countermeasures. - (4) The extent to which the guidance issued under section - 565(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. - 360bbb-4(c)), entitled, ``Product Development Under the Animal - Rule: Guidance for Industry'' (issued in October 2015), has - assisted in achieving the purposes described in paragraphs (1), - (2), and (3). + (1) The extent to which advanced development and review of a + medical countermeasure are coordinated between the Biomedical + Advanced Research and Development Authority and the Food and Drug + Administration, including activities that facilitate appropriate + and efficient design of studies to support approval, licensure, and + authorization under the animal rule, consistent with the + recommendations in the animal rule guidance, issued pursuant to + section 565(c) of the Federal Food, Drug, and Cosmetic Act (21 + U.S.C. 360bbb-4(c)) and entitled ``Product Development Under the + Animal Rule: Guidance for Industry'' (issued in October 2015), to + resolve discrepancies in the design of adequate and well-controlled + efficacy studies conducted in animal models related to the + provision of substantial evidence of effectiveness for the product + approved, licensed, or authorized under the animal rule. + (2) The consistency of the application of the animal rule among + and between review divisions within the Food and Drug + Administration. + (3) The flexibility pursuant to the animal rule to address + variations in countermeasure development and review processes, + including the extent to which qualified animal models are adopted + and used within the Food and Drug Administration in regulatory + decisionmaking with respect to medical countermeasures. + (4) The extent to which the guidance issued under section + 565(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. + 360bbb-4(c)), entitled, ``Product Development Under the Animal + Rule: Guidance for Industry'' (issued in October 2015), has + assisted in achieving the purposes described in paragraphs (1), + (2), and (3). (b) Consultations.--In conducting the study under subsection (a), the Comptroller General of the United States shall consult with-- - (1) the Federal agencies responsible for advancing, - reviewing, and procuring medical countermeasures, including the - Office of the Assistant Secretary for Preparedness and - Response, the Biomedical Advanced Research and Development - Authority, the Food and Drug Administration, and the Department - of Defense; - (2) manufacturers involved in the research and development - of medical countermeasures to address biological, chemical, - radiological, or nuclear threats; and - (3) other biodefense stakeholders, as applicable. + (1) the Federal agencies responsible for advancing, reviewing, + and procuring medical countermeasures, including the Office of the + Assistant Secretary for Preparedness and Response, the Biomedical + Advanced Research and Development Authority, the Food and Drug + Administration, and the Department of Defense; + (2) manufacturers involved in the research and development of + medical countermeasures to address biological, chemical, + radiological, or nuclear threats; and + (3) other biodefense stakeholders, as applicable. (c) Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate @@ -3218,70 +2871,57 @@ medical countermeasures, as applicable. the United States shall conduct the study and issue the assessment and report under this section in a manner that does not compromise national security. - -SEC. 605. REVIEW OF THE BENEFITS OF GENOMIC ENGINEERING TECHNOLOGIES - AND THEIR POTENTIAL ROLE IN NATIONAL SECURITY. - + SEC. 605. REVIEW OF THE BENEFITS OF GENOMIC ENGINEERING + TECHNOLOGIES AND THEIR POTENTIAL ROLE IN NATIONAL SECURITY. (a) Meeting.-- - (1) In general.--Not later than 1 year after the date of - enactment of this Act, the Secretary of Health and Human - Services (referred to in this section as the ``Secretary'') - shall convene a meeting to discuss the potential role - advancements in genomic engineering technologies (including - genome editing technologies) may have in advancing national - health security. Such meeting shall be held in a manner that - does not compromise national security. - (2) Attendees.--The attendees of the meeting under - paragraph (1)-- - (A) shall include-- - (i) representatives from the Office of the - Assistant Secretary for Preparedness and - Response, the National Institutes of Health, - the Centers for Disease Control and Prevention, - and the Food and Drug Administration; and - (ii) representatives from academic, - private, and nonprofit entities with expertise - in genome engineering technologies, - biopharmaceuticals, medicine, or biodefense, - and other relevant stakeholders; and - (B) may include-- - (i) other representatives from the - Department of Health and Human Services, as the - Secretary determines appropriate; and - (ii) representatives from the Department of - Homeland Security, the Department of Defense, - the Department of Agriculture, and other - departments, as the Secretary may request for - the meeting. - (3) Topics.--The meeting under paragraph (1) shall include - a discussion of-- - (A) the current state of the science of genomic - engineering technologies related to national health - security, including-- - (i) medical countermeasure development, - including potential efficiencies in the - development pathway and detection technologies; - and - (ii) the international and domestic - regulation of products utilizing genome editing - technologies; and - (B) national security implications, including-- - (i) capabilities of the United States to - leverage genomic engineering technologies as a - part of the medical countermeasure enterprise, - including current applicable research, - development, and application efforts underway - within the Department of Defense; - (ii) the potential for state and non-state - actors to utilize genomic engineering - technologies as a national health security - threat; and - (iii) security measures to monitor and - assess the potential threat that may result - from utilization of genomic engineering - technologies and related technologies for the - purpose of compromising national health - security. + (1) In general.--Not later than 1 year after the date of + enactment of this Act, the Secretary of Health and Human Services + (referred to in this section as the ``Secretary'') shall convene a + meeting to discuss the potential role advancements in genomic + engineering technologies (including genome editing technologies) + may have in advancing national health security. Such meeting shall + be held in a manner that does not compromise national security. + (2) Attendees.--The attendees of the meeting under paragraph + (1)-- + (A) shall include-- + (i) representatives from the Office of the Assistant + Secretary for Preparedness and Response, the National + Institutes of Health, the Centers for Disease Control and + Prevention, and the Food and Drug Administration; and + (ii) representatives from academic, private, and + nonprofit entities with expertise in genome engineering + technologies, biopharmaceuticals, medicine, or biodefense, + and other relevant stakeholders; and + (B) may include-- + (i) other representatives from the Department of Health + and Human Services, as the Secretary determines + appropriate; and + (ii) representatives from the Department of Homeland + Security, the Department of Defense, the Department of + Agriculture, and other departments, as the Secretary may + request for the meeting. + (3) Topics.--The meeting under paragraph (1) shall include a + discussion of-- + (A) the current state of the science of genomic engineering + technologies related to national health security, including-- + (i) medical countermeasure development, including + potential efficiencies in the development pathway and + detection technologies; and + (ii) the international and domestic regulation of + products utilizing genome editing technologies; and + (B) national security implications, including-- + (i) capabilities of the United States to leverage + genomic engineering technologies as a part of the medical + countermeasure enterprise, including current applicable + research, development, and application efforts underway + within the Department of Defense; + (ii) the potential for state and non-state actors to + utilize genomic engineering technologies as a national + health security threat; and + (iii) security measures to monitor and assess the + potential threat that may result from utilization of + genomic engineering technologies and related technologies + for the purpose of compromising national health security. (b) Report.--Not later than 270 days after the meeting described in subsection (a) is held, the Assistant Secretary for Preparedness and Response shall issue a report to the congressional committees of @@ -3291,9 +2931,7 @@ engineering (including genome editing) and related technologies as a part of preparedness and response activities to advance national health security. Such report shall be issued in a manner that does not compromise national security. - -SEC. 606. REPORT ON VACCINES DEVELOPMENT. - + SEC. 606. REPORT ON VACCINES DEVELOPMENT. Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and @@ -3310,95 +2948,84 @@ collaborations with other countries to assist with or expedite the research and development of qualified pandemic or epidemic products. Such report shall not include information that may compromise national security. - -SEC. 607. STRENGTHENING MOSQUITO ABATEMENT FOR SAFETY AND HEALTH. - + SEC. 607. STRENGTHENING MOSQUITO ABATEMENT FOR SAFETY AND HEALTH. (a) Reauthorization of Mosquito Abatement for Safety and Health Program.--Section 317S (42 U.S.C. 247b-21) is amended-- - (1) in subsection (a)(1)(B)-- - (A) by inserting ``including programs to address - emerging infectious mosquito-borne diseases,'' after - ``subdivisions for control programs,''; and - (B) by inserting ``or improving existing control - programs'' before the period at the end; - (2) in subsection (b)-- - (A) in paragraph (1), by inserting ``, including - improvement,'' after ``operation''; - (B) in paragraph (2)-- - (i) in subparagraph (A)-- - (I) in clause (ii), by striking - ``or'' at the end; - (II) in clause (iii), by striking - the semicolon at the end and inserting - ``, including an emerging infectious - mosquito-borne disease that presents a - serious public health threat; or''; and - (III) by adding at the end the - following: - ``(iv) a public health emergency due to the - incidence or prevalence of a mosquito-borne - disease that presents a serious public health - threat;''; and - (ii) by amending subparagraph (D) to read - as follows: - ``(D)(i) is located in a State that has received a - grant under subsection (a); or - ``(ii) that demonstrates to the Secretary that the - control program is consistent with existing State - mosquito control plans or policies, or other applicable - State preparedness plans.''; - (C) in paragraph (4)(C), by striking ``that - extraordinary'' and all that follows through the period - at the end and inserting the following: ``that-- - ``(i) extraordinary economic conditions in - the political subdivision or consortium of - political subdivisions involved justify the - waiver; or - ``(ii) the geographical area covered by a - political subdivision or consortium for a grant - under paragraph (1) has an extreme mosquito - control need due to-- - ``(I) the size or density of the - potentially impacted human population; - ``(II) the size or density of a - mosquito population that requires - heightened control; or - ``(III) the severity of the - mosquito-borne disease, such that - expected serious adverse health - outcomes for the human population - justify the waiver.''; and - (D) by amending paragraph (6) to read as follows: - ``(6) Number of grants.--A political subdivision or a - consortium of political subdivisions may not receive more than - one grant under paragraph (1).''; and - (3) in subsection (f)-- - (A) in paragraph (1) by striking ``for fiscal year - 2003, and such sums as may be necessary for each of - fiscal years 2004 through 2007'' and inserting ``for - each of fiscal years 2019 through 2023''; - (B) in paragraph (2), by striking ``the Public - Health Security and Bioterrorism Preparedness and - Response Act of 2002'' and inserting ``this Act and - other medical and public health preparedness and - response laws''; and - (C) in paragraph (3)-- - (i) in the paragraph heading, by striking - ``2004'' and inserting ``2019''; and - (ii) by striking ``2004,'' and inserting - ``2019,''. + (1) in subsection (a)(1)(B)-- + (A) by inserting ``including programs to address emerging + infectious mosquito-borne diseases,'' after ``subdivisions for + control programs,''; and + (B) by inserting ``or improving existing control programs'' + before the period at the end; + (2) in subsection (b)-- + (A) in paragraph (1), by inserting ``, including + improvement,'' after ``operation''; + (B) in paragraph (2)-- + (i) in subparagraph (A)-- + + (I) in clause (ii), by striking ``or'' at the end; + (II) in clause (iii), by striking the semicolon at + the end and inserting ``, including an emerging + infectious mosquito-borne disease that presents a + serious public health threat; or''; and + (III) by adding at the end the following: + + ``(iv) a public health emergency due to the incidence + or prevalence of a mosquito-borne disease that presents a + serious public health threat;''; and + (ii) by amending subparagraph (D) to read as follows: + ``(D)(i) is located in a State that has received a grant + under subsection (a); or + ``(ii) that demonstrates to the Secretary that the control + program is consistent with existing State mosquito control + plans or policies, or other applicable State preparedness + plans.''; + (C) in paragraph (4)(C), by striking ``that extraordinary'' + and all that follows through the period at the end and + inserting the following: ``that-- + ``(i) extraordinary economic conditions in the + political subdivision or consortium of political + subdivisions involved justify the waiver; or + ``(ii) the geographical area covered by a political + subdivision or consortium for a grant under paragraph (1) + has an extreme mosquito control need due to-- + + ``(I) the size or density of the potentially + impacted human population; + ``(II) the size or density of a mosquito population + that requires heightened control; or + ``(III) the severity of the mosquito-borne disease, + such that expected serious adverse health outcomes for + the human population justify the waiver.''; and + + (D) by amending paragraph (6) to read as follows: + ``(6) Number of grants.--A political subdivision or a + consortium of political subdivisions may not receive more than one + grant under paragraph (1).''; and + (3) in subsection (f)-- + (A) in paragraph (1) by striking ``for fiscal year 2003, + and such sums as may be necessary for each of fiscal years 2004 + through 2007'' and inserting ``for each of fiscal years 2019 + through 2023''; + (B) in paragraph (2), by striking ``the Public Health + Security and Bioterrorism Preparedness and Response Act of + 2002'' and inserting ``this Act and other medical and public + health preparedness and response laws''; and + (C) in paragraph (3)-- + (i) in the paragraph heading, by striking ``2004'' and + inserting ``2019''; and + (ii) by striking ``2004,'' and inserting ``2019,''. (b) Epidemiology-Laboratory Capacity Grants.--Section 2821 (42 U.S.C. 300hh-31) is amended-- - (1) in subsection (a)(1), by inserting ``, including - mosquito and other vector-borne diseases,'' after ``infectious - diseases''; and - (2) in subsection (b), by striking ``2010 through 2013'' - and inserting ``2019 through 2023''. + (1) in subsection (a)(1), by inserting ``, including mosquito + and other vector-borne diseases,'' after ``infectious diseases''; + and + (2) in subsection (b), by striking ``2010 through 2013'' and + inserting ``2019 through 2023''. TITLE VII--MISCELLANEOUS PROVISIONS -SEC. 701. REAUTHORIZATIONS AND EXTENSIONS. - + SEC. 701. REAUTHORIZATIONS AND EXTENSIONS. (a) Veterans Affairs.--Section 8117(g) of title 38, United States Code, is amended by striking ``2014 through 2018'' and inserting ``2019 through 2023''. @@ -3411,92 +3038,78 @@ through 2023''. U.S.C. 247d-7e(c)(4)(E)(ix)) is amended by striking ``2022'' and inserting ``2023''. (e) Limited Antitrust Exemption.-- - (1) In general.--Section 405 of the Pandemic and All- - Hazards Preparedness Act (Public Law 109-417; 42 U.S.C. 247d-6a - note) is amended-- - (A) in subsection (a)(1)(A)-- - (i) by striking ``Secretary of Health and - Human Services (referred to in this subsection - as the `Secretary')'' and inserting - ``Secretary''; - (ii) by striking ``of the Public Health - Service Act (42 U.S.C. 247d-6b)) (as amended by - this Act''; - (iii) by striking ``of the Public Health - Service Act (42 U.S.C. 247d-6a)) (as amended by - this Act''; and - (iv) by striking ``of the Public Health - Service Act (42 U.S.C. 247d-6d)''; - (B) in subsection (b), by striking ``12-year'' and - inserting ``17-year''; - (C) by redesignating such section 405 as section - 319L-1; and - (D) by transferring such section 319L-1, as - redesignated, to the Public Health Service Act (42 - U.S.C. 201 et seq.), to appear after section 319L of - such Act (42 U.S.C. 247d-7e). - (2) Conforming amendments.-- - (A) Table of contents.--The table of contents in - section 1(b) of the Pandemic and All-Hazards - Preparedness Act (Public Law 109-417) is amended by - striking the item related to section 405. - (B) Reference.--Section 319L(c)(4)(A)(iii) (42 - U.S.C. 247d-7e) is amended by striking ``section 405 of - the Pandemic and All-Hazards Preparedness Act'' and - inserting ``section 319L-1''. + (1) In general.--Section 405 of the Pandemic and All-Hazards + Preparedness Act (Public Law 109-417; 42 U.S.C. 247d-6a note) is + amended-- + (A) in subsection (a)(1)(A)-- + (i) by striking ``Secretary of Health and Human + Services (referred to in this subsection as the + `Secretary')'' and inserting ``Secretary''; + (ii) by striking ``of the Public Health Service Act (42 + U.S.C. 247d-6b)) (as amended by this Act''; + (iii) by striking ``of the Public Health Service Act + (42 U.S.C. 247d-6a)) (as amended by this Act''; and + (iv) by striking ``of the Public Health Service Act (42 + U.S.C. 247d-6d)''; + (B) in subsection (b), by striking ``12-year'' and + inserting ``17-year''; + (C) by redesignating such section 405 as section 319L-1; + and + (D) by transferring such section 319L-1, as redesignated, + to the Public Health Service Act (42 U.S.C. 201 et seq.), to + appear after section 319L of such Act (42 U.S.C. 247d-7e). + (2) Conforming amendments.-- + (A) Table of contents.--The table of contents in section + 1(b) of the Pandemic and All-Hazards Preparedness Act (Public + Law 109-417) is amended by striking the item related to section + 405. + (B) Reference.--Section 319L(c)(4)(A)(iii) (42 U.S.C. 247d- + 7e) is amended by striking ``section 405 of the Pandemic and + All-Hazards Preparedness Act'' and inserting ``section 319L- + 1''. (f) Inapplicability of Certain Provisions.--Subsection (e)(1) of section 319L (42 U.S.C. 247d-7e(e)(1)) is amended-- - (1) by amending subparagraph (A) to read as follows: - ``(A) Nondisclosure of information.-- - ``(i) In general.--Information described in - clause (ii) shall be deemed to be information - described in section 552(b)(3) of title 5, - United States Code. - ``(ii) Information described.--The - information described in this clause is - information relevant to programs of the - Department of Health and Human Services that - could compromise national security and reveal - significant and not otherwise publicly known - vulnerabilities of existing medical or public - health defenses against chemical, biological, - radiological, or nuclear threats, and is - comprised of-- - ``(I) specific technical data or - scientific information that is created - or obtained during the countermeasure - and product advanced research and - development carried out under - subsection (c); - ``(II) information pertaining to - the location security, personnel, and - research materials and methods of high- - containment laboratories conducting - research with select agents, toxins, or - other agents with a material threat - determination under section 319F- - 2(c)(2); or - ``(III) security and vulnerability - assessments.''; - (2) by redesignating subparagraph (C) as subparagraph (D); - (3) by inserting after subparagraph (B) the following: - ``(C) Reporting.--One year after the date of - enactment of the Pandemic and All-Hazards Preparedness - and Advancing Innovation Act of 2019, and annually - thereafter, the Secretary shall report to the Committee - on Health, Education, Labor, and Pensions of the Senate - and the Committee on Energy and Commerce of the House - of Representatives on the number of instances in which - the Secretary has used the authority under this - subsection to withhold information from disclosure, as - well as the nature of any request under section 552 of - title 5, United States Code that was denied using such - authority.''; and - (4) in subparagraph (D), as so redesignated, by striking - ``12'' and inserting ``17''. - -SEC. 702. LOCATION OF MATERIALS IN THE STOCKPILE. - + (1) by amending subparagraph (A) to read as follows: + ``(A) Nondisclosure of information.-- + ``(i) In general.--Information described in clause (ii) + shall be deemed to be information described in section + 552(b)(3) of title 5, United States Code. + ``(ii) Information described.--The information + described in this clause is information relevant to + programs of the Department of Health and Human Services + that could compromise national security and reveal + significant and not otherwise publicly known + vulnerabilities of existing medical or public health + defenses against chemical, biological, radiological, or + nuclear threats, and is comprised of-- + + ``(I) specific technical data or scientific + information that is created or obtained during the + countermeasure and product advanced research and + development carried out under subsection (c); + ``(II) information pertaining to the location + security, personnel, and research materials and methods + of high-containment laboratories conducting research + with select agents, toxins, or other agents with a + material threat determination under section 319F- + 2(c)(2); or + ``(III) security and vulnerability assessments.''; + + (2) by redesignating subparagraph (C) as subparagraph (D); + (3) by inserting after subparagraph (B) the following: + ``(C) Reporting.--One year after the date of enactment of + the Pandemic and All-Hazards Preparedness and Advancing + Innovation Act of 2019, and annually thereafter, the Secretary + shall report to the Committee on Health, Education, Labor, and + Pensions of the Senate and the Committee on Energy and Commerce + of the House of Representatives on the number of instances in + which the Secretary has used the authority under this + subsection to withhold information from disclosure, as well as + the nature of any request under section 552 of title 5, United + States Code that was denied using such authority.''; and + (4) in subparagraph (D), as so redesignated, by striking ``12'' + and inserting ``17''. + SEC. 702. LOCATION OF MATERIALS IN THE STOCKPILE. Subsection (d) of section 319F-2 (42 U.S.C. 247d-6b) is amended to read as follows: ``(d) Disclosures.--No Federal agency may disclose under section @@ -3505,60 +3118,51 @@ location at which materials in the stockpile described in subsection (a) are stored, or other information regarding the contents or deployment capability of the stockpile that could compromise national security.''. - -SEC. 703. CYBERSECURITY. - + SEC. 703. CYBERSECURITY. (a) Strategy for Public Health Preparedness and Response to Cybersecurity Threats.-- - (1) Strategy.--Not later than 18 months after the date of - enactment of this Act, the Secretary of Health and Human - Services (referred to in this section as the ``Secretary'') - shall prepare and submit to the relevant committees of Congress - a strategy for public health preparedness and response to - address cybersecurity threats (as defined in section 102 of - Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)) - that present a threat to national health security. Such - strategy shall include-- - (A) identifying the duties, functions, and - preparedness goals for which the Secretary is - responsible in order to prepare for and respond to such - cybersecurity threats, including metrics by which to - measure success in meeting preparedness goals; - (B) identifying gaps in public health capabilities - to achieve such preparedness goals; and - (C) strategies to address identified gaps and - strengthen public health emergency preparedness and - response capabilities to address such cybersecurity - threats. - (2) Protection of national security.--The Secretary shall - make such strategy available to the Committee on Health, - Education, Labor, and Pensions of the Senate, the Committee on - Energy and Commerce of the House of Representatives, and other - congressional committees of jurisdiction, in a manner that does - not compromise national security. + (1) Strategy.--Not later than 18 months after the date of + enactment of this Act, the Secretary of Health and Human Services + (referred to in this section as the ``Secretary'') shall prepare + and submit to the relevant committees of Congress a strategy for + public health preparedness and response to address cybersecurity + threats (as defined in section 102 of Cybersecurity Information + Sharing Act of 2015 (6 U.S.C. 1501)) that present a threat to + national health security. Such strategy shall include-- + (A) identifying the duties, functions, and preparedness + goals for which the Secretary is responsible in order to + prepare for and respond to such cybersecurity threats, + including metrics by which to measure success in meeting + preparedness goals; + (B) identifying gaps in public health capabilities to + achieve such preparedness goals; and + (C) strategies to address identified gaps and strengthen + public health emergency preparedness and response capabilities + to address such cybersecurity threats. + (2) Protection of national security.--The Secretary shall make + such strategy available to the Committee on Health, Education, + Labor, and Pensions of the Senate, the Committee on Energy and + Commerce of the House of Representatives, and other congressional + committees of jurisdiction, in a manner that does not compromise + national security. (b) Coordination of Preparedness for and Response to All-Hazards Public Health Emergencies.--Subparagraph (D) of section 2811(b)(4) (42 U.S.C. 300hh-10(b)(4)) is amended to read as follows: - ``(D) Policy coordination and strategic - direction.--Provide integrated policy coordination and - strategic direction, before, during, and following - public health emergencies, with respect to all matters - related to Federal public health and medical - preparedness and execution and deployment of the - Federal response for public health emergencies and - incidents covered by the National Response Plan - described in section 504(a)(6) of the Homeland Security - Act of 2002 (6 U.S.C. 314(a)(6)), or any successor - plan; and such Federal responses covered by the - National Cybersecurity Incident Response Plan developed - under section 228(c) of the Homeland Security Act of - 2002 (6 U.S.C. 149(c)), including public health - emergencies or incidents related to cybersecurity - threats that present a threat to national health - security.''. - -SEC. 704. STRATEGY AND REPORT. - + ``(D) Policy coordination and strategic direction.--Provide + integrated policy coordination and strategic direction, before, + during, and following public health emergencies, with respect + to all matters related to Federal public health and medical + preparedness and execution and deployment of the Federal + response for public health emergencies and incidents covered by + the National Response Plan described in section 504(a)(6) of + the Homeland Security Act of 2002 (6 U.S.C. 314(a)(6)), or any + successor plan; and such Federal responses covered by the + National Cybersecurity Incident Response Plan developed under + section 228(c) of the Homeland Security Act of 2002 (6 U.S.C. + 149(c)), including public health emergencies or incidents + related to cybersecurity threats that present a threat to + national health security.''. + SEC. 704. STRATEGY AND REPORT. Not later than 14 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in coordination with the Assistant Secretary for Preparedness and Response and the Assistant @@ -3568,101 +3172,79 @@ appropriate, shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and other relevant congressional committees-- - (1) a formal strategy, including interdepartmental actions - and efforts to reunify children with their parents or - guardians, in all cases in which such children have been - separated from their parents or guardians as a result of the - initiative announced on April 6, 2018, and due to prosecution - under section 275(a) of the Immigration and Nationality Act (8 - U.S.C. 1325(a)), if the parent or guardian chooses such - reunification and the child-- - (A) was separated from a parent or guardian and - placed into a facility funded by the Department of - Health and Human Services; - (B) as of the date of the enactment of this Act, - remains in the care of the Department of Health and - Human Services; and - (C) can be safely reunited with such parent or - guardian; and - (2) a report on challenges and deficiencies related to the - oversight of, and care for, unaccompanied alien children and - appropriately reuniting such children with their parents or - guardians, and the actions taken to address any challenges and - deficiencies related to unaccompanied alien children in the - custody of the Department of Health and Human Services, - including deficiencies identified and publicly reported by - Congress, the Government Accountability Office, or the - inspectors general of the Department of Health and Human - Services or other Federal departments. - -SEC. 705. TECHNICAL AMENDMENTS. - + (1) a formal strategy, including interdepartmental actions and + efforts to reunify children with their parents or guardians, in all + cases in which such children have been separated from their parents + or guardians as a result of the initiative announced on April 6, + 2018, and due to prosecution under section 275(a) of the + Immigration and Nationality Act (8 U.S.C. 1325(a)), if the parent + or guardian chooses such reunification and the child-- + (A) was separated from a parent or guardian and placed into + a facility funded by the Department of Health and Human + Services; + (B) as of the date of the enactment of this Act, remains in + the care of the Department of Health and Human Services; and + (C) can be safely reunited with such parent or guardian; + and + (2) a report on challenges and deficiencies related to the + oversight of, and care for, unaccompanied alien children and + appropriately reuniting such children with their parents or + guardians, and the actions taken to address any challenges and + deficiencies related to unaccompanied alien children in the custody + of the Department of Health and Human Services, including + deficiencies identified and publicly reported by Congress, the + Government Accountability Office, or the inspectors general of the + Department of Health and Human Services or other Federal + departments. + SEC. 705. TECHNICAL AMENDMENTS. (a) Public Health Service Act.--Title III (42 U.S.C. 241 et seq.) is amended-- - (1) in paragraphs (1) and (5) of section 319F-1(a) (42 - U.S.C. 247d-6a(a)), by striking ``section 319F(h)'' each place - such term appears and inserting ``section 319F(e)''; and - (2) in section 319K(a) (42 U.S.C. 247d-7d(a)), by striking - ``section 319F(h)(4)'' and inserting ``section 319F(e)(4)''. + (1) in paragraphs (1) and (5) of section 319F-1(a) (42 U.S.C. + 247d-6a(a)), by striking ``section 319F(h)'' each place such term + appears and inserting ``section 319F(e)''; and + (2) in section 319K(a) (42 U.S.C. 247d-7d(a)), by striking + ``section 319F(h)(4)'' and inserting ``section 319F(e)(4)''. (b) Public Health Security Grants.--Section 319C-1(b)(2) (42 U.S.C. 247d-3a(b)(2)) is amended-- - (1) in subparagraph (C), by striking ``individuals,,'' and - inserting ``individuals,''; and - (2) in subparagraph (F), by striking ``make satisfactory - annual improvement and describe'' and inserting ``makes - satisfactory annual improvement and describes''. + (1) in subparagraph (C), by striking ``individuals,,'' and + inserting ``individuals,''; and + (2) in subparagraph (F), by striking ``make satisfactory annual + improvement and describe'' and inserting ``makes satisfactory + annual improvement and describes''. (c) Emergency Use Instructions.--Subparagraph (A) of section 564A(e)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3a(e)(2)) is amended by striking ``subsection (a)(1)(C)(i)'' and inserting ``subsection (a)(1)(C)''. (d) Products Held for Emergency Use.--Section 564B(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3b) is amended-- - (1) in subparagraph (B), by inserting a comma after - ``505''; and - (2) in subparagraph (C), by inserting ``or section 564A'' - before the period at the end. + (1) in subparagraph (B), by inserting a comma after ``505''; + and + (2) in subparagraph (C), by inserting ``or section 564A'' + before the period at the end. (e) Transparency.--Section 507(c)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 357(c)(3)) is amended-- - (1) by striking ``Nothing in'' and inserting the following: - ``(A) In general.--Nothing in''; - (2) by inserting ``or directing'' after ``authorizing''; - (3) by striking ``disclose any'' and inserting ``disclose-- - ``(i) any''; - (4) by striking the period and inserting ``; or''; and - (5) by adding at the end the following: - ``(ii) in the case of a drug development - tool that may be used to support the - development of a qualified countermeasure, - security countermeasure, or qualified pandemic - or epidemic product, as defined in sections - 319F-1, 319F-2, and 319F-3, respectively, of - the Public Health Service Act, any information - that the Secretary determines has a significant - potential to affect national security. - ``(B) Public acknowledgment.--In the case that the - Secretary, pursuant to subparagraph (A)(ii), does not - make information publicly available, the Secretary - shall provide on the internet website of the Food and - Drug Administration an acknowledgment of the - information that has not been disclosed, pursuant to - subparagraph (A)(ii).''. - - Passed the Senate May 16, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 1379 - -_______________________________________________________________________ - - AN ACT - -To reauthorize certain programs under the Public Health Service Act and -the Federal Food, Drug, and Cosmetic Act with respect to public health - security and all-hazards preparedness and response, and for other - purposes. + (1) by striking ``Nothing in'' and inserting the following: + ``(A) In general.--Nothing in''; + (2) by inserting ``or directing'' after ``authorizing''; + (3) by striking ``disclose any'' and inserting ``disclose-- + ``(i) any''; + (4) by striking the period and inserting ``; or''; and + (5) by adding at the end the following: + ``(ii) in the case of a drug development tool that may + be used to support the development of a qualified + countermeasure, security countermeasure, or qualified + pandemic or epidemic product, as defined in sections 319F- + 1, 319F-2, and 319F-3, respectively, of the Public Health + Service Act, any information that the Secretary determines + has a significant potential to affect national security. + ``(B) Public acknowledgment.--In the case that the + Secretary, pursuant to subparagraph (A)(ii), does not make + information publicly available, the Secretary shall provide on + the internet website of the Food and Drug Administration an + acknowledgment of the information that has not been disclosed, + pursuant to subparagraph (A)(ii).''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 3b8b63ed3840cad4446691dcbd14474467b891a1 Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 819/984] Senate-1380: Introduced to Senate --- bills_text/Senate-1380.txt | 53 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 53 insertions(+) create mode 100644 bills_text/Senate-1380.txt diff --git a/bills_text/Senate-1380.txt b/bills_text/Senate-1380.txt new file mode 100644 index 0000000..27731f1 --- /dev/null +++ b/bills_text/Senate-1380.txt @@ -0,0 +1,53 @@ +116th CONGRESS + 1st Session + S. 1380 + +To amend the Federal Rules of Criminal Procedure to remind prosecutors + of their obligations under Supreme Court case law. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 8, 2019 + + Mr. Sullivan (for himself and Mr. Durbin) introduced the following + bill; which was read twice and referred to the Committee on the + Judiciary + +_______________________________________________________________________ + + A BILL + + + +To amend the Federal Rules of Criminal Procedure to remind prosecutors + of their obligations under Supreme Court case law. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Due Process Protections Act''. + +SEC. 2. REMINDER OF PROSECUTORIAL OBLIGATIONS. + + Rule 5 of the Federal Rules of Criminal Procedure is amended-- + (1) by redesignating subsection (f) as subsection (g); and + (2) by inserting after subsection (e) the following: + ``(f) Reminder of Prosecutorial Obligation.-- + ``(1) In general.--In all criminal proceedings, on the + first scheduled court date when both prosecutor and defense + counsel are present, the judge shall issue an oral and written + order to prosecution and defense counsel that confirms the + disclosure obligation of the prosecutor under Brady v. + Maryland, 373 U.S. 83 (1963) and its progeny, and the possible + consequences of violating such order under applicable law. + ``(2) Formation of order.--Each judicial council in which a + district court is located shall promulgate a model order for + the purpose of paragraph (1) that the court may use as it + determines is appropriate.''. + \ No newline at end of file From 85b678fcdb21cb18499b2b04fd72ec1355fd2552 Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 820/984] Senate-1380: Engrossed in Senate --- bills_text/Senate-1380.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-1380.txt b/bills_text/Senate-1380.txt index 27731f1..bce4c43 100644 --- a/bills_text/Senate-1380.txt +++ b/bills_text/Senate-1380.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 1380 -To amend the Federal Rules of Criminal Procedure to remind prosecutors - of their obligations under Supreme Court case law. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - May 8, 2019 - - Mr. Sullivan (for himself and Mr. Durbin) introduced the following - bill; which was read twice and referred to the Committee on the - Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -50,4 +35,21 @@ SEC. 2. REMINDER OF PROSECUTORIAL OBLIGATIONS. district court is located shall promulgate a model order for the purpose of paragraph (1) that the court may use as it determines is appropriate.''. - \ No newline at end of file + + Passed the Senate May 20, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 1380 + +_______________________________________________________________________ + + AN ACT + +To amend the Federal Rules of Criminal Procedure to remind prosecutors + of their obligations under Supreme Court case law. From 6af58d48be2a32172cf3b1d270275b228d1f49bd Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 821/984] Senate-1380: Enrolled --- bills_text/Senate-1380.txt | 74 +++++++++++++++++--------------------- 1 file changed, 33 insertions(+), 41 deletions(-) diff --git a/bills_text/Senate-1380.txt b/bills_text/Senate-1380.txt index bce4c43..43a96cf 100644 --- a/bills_text/Senate-1380.txt +++ b/bills_text/Senate-1380.txt @@ -1,55 +1,47 @@ -116th CONGRESS - 2d Session - S. 1380 + S.1380 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend the Federal Rules of Criminal Procedure to remind prosecutors + To amend the Federal Rules of Criminal Procedure to remind prosecutors of their obligations under Supreme Court case law. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Due Process Protections Act''. - SEC. 2. REMINDER OF PROSECUTORIAL OBLIGATIONS. - Rule 5 of the Federal Rules of Criminal Procedure is amended-- - (1) by redesignating subsection (f) as subsection (g); and - (2) by inserting after subsection (e) the following: + (1) by redesignating subsection (f) as subsection (g); and + (2) by inserting after subsection (e) the following: ``(f) Reminder of Prosecutorial Obligation.-- - ``(1) In general.--In all criminal proceedings, on the - first scheduled court date when both prosecutor and defense - counsel are present, the judge shall issue an oral and written - order to prosecution and defense counsel that confirms the - disclosure obligation of the prosecutor under Brady v. - Maryland, 373 U.S. 83 (1963) and its progeny, and the possible - consequences of violating such order under applicable law. - ``(2) Formation of order.--Each judicial council in which a - district court is located shall promulgate a model order for - the purpose of paragraph (1) that the court may use as it - determines is appropriate.''. - - Passed the Senate May 20, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 1380 - -_______________________________________________________________________ - - AN ACT - -To amend the Federal Rules of Criminal Procedure to remind prosecutors - of their obligations under Supreme Court case law. + ``(1) In general.--In all criminal proceedings, on the first + scheduled court date when both prosecutor and defense counsel are + present, the judge shall issue an oral and written order to + prosecution and defense counsel that confirms the disclosure + obligation of the prosecutor under Brady v. Maryland, 373 U.S. 83 + (1963) and its progeny, and the possible consequences of violating + such order under applicable law. + ``(2) Formation of order.--Each judicial council in which a + district court is located shall promulgate a model order for the + purpose of paragraph (1) that the court may use as it determines is + appropriate.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From f22fb206f610ee287c85dfaa8de324309e08a37c Mon Sep 17 00:00:00 2001 From: "Sen. Brown, Sherrod [D-OH]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 822/984] Senate-1436: Engrossed in Senate --- bills_text/Senate-1436.txt | 74 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 74 insertions(+) create mode 100644 bills_text/Senate-1436.txt diff --git a/bills_text/Senate-1436.txt b/bills_text/Senate-1436.txt new file mode 100644 index 0000000..45d6c6d --- /dev/null +++ b/bills_text/Senate-1436.txt @@ -0,0 +1,74 @@ +116th CONGRESS + 1st Session + S. 1436 + +_______________________________________________________________________ + + AN ACT + + + + To make technical corrections to the computation of average pay under + Public Law 110-279. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. TECHNICAL CORRECTIONS TO COMPUTATION OF AVERAGE PAY UNDER + PUBLIC LAW 110-279. + + (a) In General.--Section 1(c)(2)(A) of Public Law 110-279 (2 U.S.C. +2051(c)(2)(A)) is amended-- + (1) by striking ``For purposes of'' and all that follows + through ``(i) any period'' and inserting the following: + ``(i) Treatment of service.--For purposes + of chapters 83, 84, and 87 of title 5, United + States Code, any period''; + (2) in clause (i), by striking ``; and'' and inserting a + period; and + (3) in clause (ii)-- + (A) by inserting ``Treatment of pay.--For purposes + of chapter 87 of title 5, United States Code,'' before + ``the rate of basic pay''; and + (B) by striking ``the covered'' and inserting ``a + covered''. + (b) Regulations.-- + (1) In general.--The Director of the Office of Personnel + Management shall promulgate regulations to carry out this + section. + (2) Effective date.--The regulations promulgated under + paragraph (1) shall take effect not later than 180 days after + the date of enactment of this Act. + (c) Applicability of Amendments.-- + (1) Definitions.--In this subsection, the terms + ``contractor'', ``covered individual'', and ``food services + contract'' have the meanings given those terms in section 1(a) + of Public Law 110-279 (2 U.S.C. 2051(a)). + (2) Applicability.--The amendments made by this section + shall apply with respect to-- + (A) a covered individual who separates from service + as an employee of a contractor performing services + under the food services contract before, on, or after + the date of enactment of this Act; and + (B) each payment to a covered individual under + chapter 83 or 84 of title 5, United States Code, made + on or after the effective date of the regulations + promulgated under subsection (b). + + Passed the Senate May 13, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1436 + +_______________________________________________________________________ + + AN ACT + + To make technical corrections to the computation of average pay under + Public Law 110-279. From b41100a40ab6a0a4223b949cb6b1d85bb8ceac54 Mon Sep 17 00:00:00 2001 From: "Sen. Brown, Sherrod [D-OH]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 823/984] Senate-1436: Enrolled --- bills_text/Senate-1436.txt | 109 +++++++++++++++++-------------------- 1 file changed, 51 insertions(+), 58 deletions(-) diff --git a/bills_text/Senate-1436.txt b/bills_text/Senate-1436.txt index 45d6c6d..5d55c08 100644 --- a/bills_text/Senate-1436.txt +++ b/bills_text/Senate-1436.txt @@ -1,74 +1,67 @@ -116th CONGRESS - 1st Session - S. 1436 + S.1436 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To make technical corrections to the computation of average pay under - Public Law 110-279. + Public Law 110-279. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. TECHNICAL CORRECTIONS TO COMPUTATION OF AVERAGE PAY UNDER - PUBLIC LAW 110-279. - +PUBLIC LAW 110-279. (a) In General.--Section 1(c)(2)(A) of Public Law 110-279 (2 U.S.C. 2051(c)(2)(A)) is amended-- - (1) by striking ``For purposes of'' and all that follows - through ``(i) any period'' and inserting the following: - ``(i) Treatment of service.--For purposes - of chapters 83, 84, and 87 of title 5, United - States Code, any period''; - (2) in clause (i), by striking ``; and'' and inserting a - period; and - (3) in clause (ii)-- - (A) by inserting ``Treatment of pay.--For purposes - of chapter 87 of title 5, United States Code,'' before - ``the rate of basic pay''; and - (B) by striking ``the covered'' and inserting ``a - covered''. + (1) by striking ``For purposes of'' and all that follows + through ``(i) any period'' and inserting the following: + ``(i) Treatment of service.--For purposes of chapters + 83, 84, and 87 of title 5, United States Code, any + period''; + (2) in clause (i), by striking ``; and'' and inserting a + period; and + (3) in clause (ii)-- + (A) by inserting ``Treatment of pay.--For purposes of + chapter 87 of title 5, United States Code,'' before ``the rate + of basic pay''; and + (B) by striking ``the covered'' and inserting ``a + covered''. (b) Regulations.-- - (1) In general.--The Director of the Office of Personnel - Management shall promulgate regulations to carry out this - section. - (2) Effective date.--The regulations promulgated under - paragraph (1) shall take effect not later than 180 days after - the date of enactment of this Act. + (1) In general.--The Director of the Office of Personnel + Management shall promulgate regulations to carry out this section. + (2) Effective date.--The regulations promulgated under + paragraph (1) shall take effect not later than 180 days after the + date of enactment of this Act. (c) Applicability of Amendments.-- - (1) Definitions.--In this subsection, the terms - ``contractor'', ``covered individual'', and ``food services - contract'' have the meanings given those terms in section 1(a) - of Public Law 110-279 (2 U.S.C. 2051(a)). - (2) Applicability.--The amendments made by this section - shall apply with respect to-- - (A) a covered individual who separates from service - as an employee of a contractor performing services - under the food services contract before, on, or after - the date of enactment of this Act; and - (B) each payment to a covered individual under - chapter 83 or 84 of title 5, United States Code, made - on or after the effective date of the regulations - promulgated under subsection (b). + (1) Definitions.--In this subsection, the terms ``contractor'', + ``covered individual'', and ``food services contract'' have the + meanings given those terms in section 1(a) of Public Law 110-279 (2 + U.S.C. 2051(a)). + (2) Applicability.--The amendments made by this section shall + apply with respect to-- + (A) a covered individual who separates from service as an + employee of a contractor performing services under the food + services contract before, on, or after the date of enactment of + this Act; and + (B) each payment to a covered individual under chapter 83 + or 84 of title 5, United States Code, made on or after the + effective date of the regulations promulgated under subsection + (b). - Passed the Senate May 13, 2019. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 1436 - -_______________________________________________________________________ - - AN ACT - - To make technical corrections to the computation of average pay under - Public Law 110-279. + Vice President of the United States and + President of the Senate. From f3c81a991173b8758aefec3868418a8745b8eeb1 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 824/984] Senate-1646: Introduced to Senate --- bills_text/Senate-1646.txt | 45 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/Senate-1646.txt diff --git a/bills_text/Senate-1646.txt b/bills_text/Senate-1646.txt new file mode 100644 index 0000000..0c597c7 --- /dev/null +++ b/bills_text/Senate-1646.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + S. 1646 + +To designate the community-based outpatient clinic of the Department of + Veterans Affairs in St. Augustine, Florida, as the ``Leo C. Chase Jr. + Department of Veterans Affairs Clinic''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 23 (legislative day, May 22), 2019 + + Mr. Rubio introduced the following bill; which was read twice and + referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + +To designate the community-based outpatient clinic of the Department of + Veterans Affairs in St. Augustine, Florida, as the ``Leo C. Chase Jr. + Department of Veterans Affairs Clinic''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DESIGNATION OF LEO C. CHASE JR. DEPARTMENT OF VETERANS + AFFAIRS CLINIC. + + (a) Designation.--The community-based outpatient clinic of the +Department of Veterans Affairs located at 207 Stratton Road, St. +Augustine, Florida, shall after the date of the enactment of this Act +be known and designated as the ``Leo C. Chase Jr. Department of +Veterans Affairs Clinic''. + (b) Reference.--Any reference in any law, regulation, map, +document, paper, or other record of the United States to the facility +referred to in subsection (a) shall be considered to be a reference to +the Leo C. Chase Jr. Department of Veterans Affairs Clinic. + \ No newline at end of file From efb86c6287ba0462f03c316b2127a4dd690398a0 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 825/984] Senate-1646: Engrossed in Senate --- bills_text/Senate-1646.txt | 41 ++++++++++++++++++++------------------ 1 file changed, 22 insertions(+), 19 deletions(-) diff --git a/bills_text/Senate-1646.txt b/bills_text/Senate-1646.txt index 0c597c7..715cc4e 100644 --- a/bills_text/Senate-1646.txt +++ b/bills_text/Senate-1646.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 1646 -To designate the community-based outpatient clinic of the Department of - Veterans Affairs in St. Augustine, Florida, as the ``Leo C. Chase Jr. - Department of Veterans Affairs Clinic''. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - May 23 (legislative day, May 22), 2019 - - Mr. Rubio introduced the following bill; which was read twice and - referred to the Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -37,9 +22,27 @@ SECTION 1. DESIGNATION OF LEO C. CHASE JR. DEPARTMENT OF VETERANS Department of Veterans Affairs located at 207 Stratton Road, St. Augustine, Florida, shall after the date of the enactment of this Act be known and designated as the ``Leo C. Chase Jr. Department of -Veterans Affairs Clinic''. +Veterans Affairs Clinic'' or the ``Leo C. Chase Jr. VA Clinic''. (b) Reference.--Any reference in any law, regulation, map, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be considered to be a reference to the Leo C. Chase Jr. Department of Veterans Affairs Clinic. - \ No newline at end of file + + Passed the Senate September 17, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 1646 + +_______________________________________________________________________ + + AN ACT + +To designate the community-based outpatient clinic of the Department of + Veterans Affairs in St. Augustine, Florida, as the ``Leo C. Chase Jr. + Department of Veterans Affairs Clinic''. From 86dfd1964b3adcc3d0616b1b687323322b303860 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 826/984] Senate-1646: Enrolled --- bills_text/Senate-1646.txt | 43 ++++++++++++++++---------------------- 1 file changed, 18 insertions(+), 25 deletions(-) diff --git a/bills_text/Senate-1646.txt b/bills_text/Senate-1646.txt index 715cc4e..ca30d0b 100644 --- a/bills_text/Senate-1646.txt +++ b/bills_text/Senate-1646.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 1646 + S.1646 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -14,10 +23,8 @@ To designate the community-based outpatient clinic of the Department of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DESIGNATION OF LEO C. CHASE JR. DEPARTMENT OF VETERANS - AFFAIRS CLINIC. - +AFFAIRS CLINIC. (a) Designation.--The community-based outpatient clinic of the Department of Veterans Affairs located at 207 Stratton Road, St. Augustine, Florida, shall after the date of the enactment of this Act @@ -28,21 +35,7 @@ document, paper, or other record of the United States to the facility referred to in subsection (a) shall be considered to be a reference to the Leo C. Chase Jr. Department of Veterans Affairs Clinic. - Passed the Senate September 17, 2020. - - Attest: + Speaker of the House of Representatives. - Secretary. -116th CONGRESS - - 2d Session - - S. 1646 - -_______________________________________________________________________ - - AN ACT - -To designate the community-based outpatient clinic of the Department of - Veterans Affairs in St. Augustine, Florida, as the ``Leo C. Chase Jr. - Department of Veterans Affairs Clinic''. + Vice President of the United States and + President of the Senate. From 39864e8e908f64cf8f33523b527be06d5972e149 Mon Sep 17 00:00:00 2001 From: "Sen. Gardner, Cory [R-CO]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 827/984] Senate-1678: Introduced to Senate --- bills_text/Senate-1678.txt | 192 +++++++++++++++++++++++++++++++++++++ 1 file changed, 192 insertions(+) create mode 100644 bills_text/Senate-1678.txt diff --git a/bills_text/Senate-1678.txt b/bills_text/Senate-1678.txt new file mode 100644 index 0000000..9235bac --- /dev/null +++ b/bills_text/Senate-1678.txt @@ -0,0 +1,192 @@ +116th CONGRESS + 1st Session + S. 1678 + + To express United States support for Taiwan's diplomatic alliances + around the world. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 23 (legislative day, May 22), 2019 + + Mr. Gardner (for himself, Mr. Coons, Mr. Rubio, and Mr. Cornyn) +introduced the following bill; which was read twice and referred to the + Committee on Foreign Relations + +_______________________________________________________________________ + + A BILL + + + + To express United States support for Taiwan's diplomatic alliances + around the world. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Taiwan Allies International +Protection and Enhancement Initiative (TAIPEI) Act of 2019''. + +SEC. 2. DIPLOMATIC RELATIONS WITH TAIWAN. + + (a) Findings.--Congress makes the following findings: + (1) The Taiwan Relations Act of 1979 (Public Law 96-8) + states that it is the policy of the United States ``to preserve + and promote extensive, close, and friendly commercial, + cultural, and other relations between the people of the United + States and the people on Taiwan''. + (2) The Taiwan Relations Act of 1979 states that it is the + policy of the United States ``to maintain the capacity of the + United States to resist any resort to force or other forms of + coercion that would jeopardize the security, or the social or + economic system, of the people on Taiwan''. + (3) Taiwan is a free, democratic, and prosperous nation of + 23,000,000 people and an important contributor to peace and + stability around the world. + (4) Since the election of President Tsai Ing-wen as + President of Taiwan in 2016, the Government of the People's + Republic of China has intensified its efforts to pressure + Taiwan. + (5) Since 2016, the Gambia, Sao Tome and Principe, Panama, + the Dominican Republic, Burkina Faso, and El Salvador have + severed diplomatic relations with Taiwan in favor of diplomatic + relations with China. + (6) Taiwan currently maintains full diplomatic relations + with 17 nations around the world. + (7) According to President Tsai Ing-wen, the severance of + diplomatic ties is ``part of a series of diplomatic and + military acts of coercion''. + (8) The Asia Reassurance Initiative Act of 2018 (Public Law + 115-409) states that-- + (A) it is United States policy ``to support the + close economic, political, and security relationship + between Taiwan and the United States''; and + (B) the President should-- + (i) ``conduct regular transfers of defense + articles to Taiwan that are tailored to meet + the existing and likely future threats from the + People's Republic of China, including + supporting the efforts of Taiwan to develop and + integrate asymmetric capabilities, as + appropriate, including mobile, survivable, and + cost-effective capabilities, into its military + forces''; and + (ii) ``encourage the travel of high-level + United States officials to Taiwan, in + accordance with the Taiwan Travel Act''. + +SEC. 3. REPORT ON UNITED STATES STRATEGY REGARDING TAIWAN'S + INTERNATIONAL RECOGNITION. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, and every 180 days thereafter, the Secretary of +State or a designee of the Secretary shall submit to the appropriate +congressional committees a report on actions taken by the United States +to reaffirm and strengthen Taiwan's international alliances around the +world. + (b) Elements.--Each report required by subsection (a) shall include +the following elements: + (1) A description of the actions taken by the Secretary of + State, or designees of the Secretary, effective May 20, 2016, + to consult with governments around the world, including the + governments that maintain official diplomatic relations with + Taiwan, with the purpose of inducing those governments to + maintain official diplomatic relations with Taiwan or otherwise + strengthen unofficial relations with Taiwan. + (2) An enumeration of specific countries of concern, if + any, and a description of the actions taken, or actions + anticipated, by those governments, commencing May 20, 2016, to + alter the formal diplomatic ties with Taiwan or to otherwise + downgrade official or unofficial relations. + (3) A plan of action to engage with the governments of the + countries identified in paragraphs (1) and (2) and increase + cooperation with respect to Taiwan. + (c) Form of Report.--Each report required by subsection (a) shall +be submitted in unclassified form but may include a classified annex. + +SEC. 4. AUTHORIZATION TO CONSIDER MODIFICATION OF UNITED STATES + DIPLOMATIC PRESENCE WITH NATIONS TAKING ACTIONS TO + UNDERMINE TAIWAN. + + (a) In General.--The Secretary of State may consider taking such +action to modify United States diplomatic presence as necessary and +appropriate to provide incentives to countries considering or taking +steps to alter or downgrade official or unofficial ties with Taiwan. + (b) Actions Included.--Actions described in subsection (a) may +include-- + (1) supplementing or reducing the appropriate diplomatic + presence in the United States of countries identified pursuant + to section 3 as having taken, or anticipating, actions to alter + formal diplomatic ties with Taiwan or otherwise downgrade + relations; and + (2) supplementing or reducing the diplomatic presence of + the United States in those countries. + (c) Consultation.--Not less than 30 days before taking any action +under subsection (a), the Secretary shall consult with the appropriate +congressional committees with respect to the action. + +SEC. 5. AUTHORIZATION TO CONSIDER ADJUSTMENT OF UNITED STATES + ASSISTANCE TO NATIONS TAKING ACTIONS TO UNDERMINE TAIWAN. + + (a) In General.--The Secretary of State may consider the expansion, +termination, or reduction of United States foreign assistance to +countries identified pursuant to section 3 as having taken, or +anticipating, actions to alter or downgrade official or unofficial ties +with Taiwan or otherwise downgrade relations. + (b) Assistance Included.--Assistance for consideration under +subsection (a) may include-- + (1) assistance under chapter 4 of part II of the Foreign + Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the + Economic Support Fund); + (2) military assistance provided pursuant to section 23 of + the Arms Export Control Act (22 U.S.C. 2763; relating to the + Foreign Military Financing Program); and + (3) assistance provided under chapter 5 of part II of the + Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; + relating to international military education and training). + (c) Consultation.--Not less than 30 days before taking any action +under subsection (a), the Secretary shall consult with the appropriate +congressional committees with respect to the action, as well as comply +with the notification procedures applicable to reprogramming pursuant +to section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394- +1). + +SEC. 6. POLICY OF THE UNITED STATES WITH REGARD TO TAIWAN'S + PARTICIPATION IN INTERNATIONAL ORGANIZATIONS. + + It should be the policy of the United States-- + (1) to advocate, as appropriate-- + (A) for Taiwan's membership in all international + organizations in which statehood is not a requirement + and in which the United States is also a participant; + and + (B) for Taiwan to be granted observer status in + other appropriate international organizations; + (2) to instruct, as appropriate, representatives of the + United States Government in all organizations described in + paragraph (1) to use the voice and vote of the United States to + advocate for Taiwan's membership or observer status in such + organizations; and + (3) for the President or the President's designees to + advocate, as appropriate, for Taiwan's membership or observer + status in all organizations described in paragraph (1) as part + of any relevant bilateral engagements between the United States + and the People's Republic of China, including leader summits + and the U.S.-China Comprehensive Economic Dialogue. + +SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. + + In this Act, the term ``appropriate congressional committees'' +means-- + (1) the Committee on Foreign Relations and the Committee on + Appropriations of the Senate; and + (2) the Committee on Foreign Affairs and the Committee on + Appropriations of the House of Representatives. + \ No newline at end of file From 25bbdc991ab7fa2e0aa79483751b5601ac8537d6 Mon Sep 17 00:00:00 2001 From: "Sen. Gardner, Cory [R-CO]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 828/984] Senate-1678: Engrossed in Senate --- bills_text/Senate-1678.txt | 178 +++++++++++++++---------------------- 1 file changed, 72 insertions(+), 106 deletions(-) diff --git a/bills_text/Senate-1678.txt b/bills_text/Senate-1678.txt index 9235bac..7aa7b1b 100644 --- a/bills_text/Senate-1678.txt +++ b/bills_text/Senate-1678.txt @@ -2,24 +2,9 @@ 1st Session S. 1678 - To express United States support for Taiwan's diplomatic alliances - around the world. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - May 23 (legislative day, May 22), 2019 - - Mr. Gardner (for himself, Mr. Coons, Mr. Rubio, and Mr. Cornyn) -introduced the following bill; which was read twice and referred to the - Committee on Foreign Relations - -_______________________________________________________________________ - - A BILL + AN ACT @@ -55,15 +40,20 @@ SEC. 2. DIPLOMATIC RELATIONS WITH TAIWAN. Republic of China has intensified its efforts to pressure Taiwan. (5) Since 2016, the Gambia, Sao Tome and Principe, Panama, - the Dominican Republic, Burkina Faso, and El Salvador have - severed diplomatic relations with Taiwan in favor of diplomatic - relations with China. + the Dominican Republic, Burkina Faso, El Salvador, the Solomon + Islands, and Kiribati have severed diplomatic relations with + Taiwan in favor of diplomatic relations with China. (6) Taiwan currently maintains full diplomatic relations - with 17 nations around the world. - (7) According to President Tsai Ing-wen, the severance of - diplomatic ties is ``part of a series of diplomatic and - military acts of coercion''. - (8) The Asia Reassurance Initiative Act of 2018 (Public Law + with 15 nations around the world. + (7) Taiwan's unofficial relations with the United States, + Australia, India, Japan, and other countries are of significant + benefit in strengthening Taiwan's economy and preserving its + international space. + (8) According to President Tsai Ing-wen, the severance of + diplomatic ties with Taiwan in favor of diplomatic relations + with China is ``part of a series of diplomatic and military + acts of coercion'' by China. + (9) The Asia Reassurance Initiative Act of 2018 (Public Law 115-409) states that-- (A) it is United States policy ``to support the close economic, political, and security relationship @@ -82,83 +72,35 @@ SEC. 2. DIPLOMATIC RELATIONS WITH TAIWAN. United States officials to Taiwan, in accordance with the Taiwan Travel Act''. -SEC. 3. REPORT ON UNITED STATES STRATEGY REGARDING TAIWAN'S - INTERNATIONAL RECOGNITION. - - (a) In General.--Not later than 90 days after the date of the -enactment of this Act, and every 180 days thereafter, the Secretary of -State or a designee of the Secretary shall submit to the appropriate -congressional committees a report on actions taken by the United States -to reaffirm and strengthen Taiwan's international alliances around the -world. - (b) Elements.--Each report required by subsection (a) shall include -the following elements: - (1) A description of the actions taken by the Secretary of - State, or designees of the Secretary, effective May 20, 2016, - to consult with governments around the world, including the - governments that maintain official diplomatic relations with - Taiwan, with the purpose of inducing those governments to - maintain official diplomatic relations with Taiwan or otherwise - strengthen unofficial relations with Taiwan. - (2) An enumeration of specific countries of concern, if - any, and a description of the actions taken, or actions - anticipated, by those governments, commencing May 20, 2016, to - alter the formal diplomatic ties with Taiwan or to otherwise - downgrade official or unofficial relations. - (3) A plan of action to engage with the governments of the - countries identified in paragraphs (1) and (2) and increase - cooperation with respect to Taiwan. - (c) Form of Report.--Each report required by subsection (a) shall -be submitted in unclassified form but may include a classified annex. - -SEC. 4. AUTHORIZATION TO CONSIDER MODIFICATION OF UNITED STATES - DIPLOMATIC PRESENCE WITH NATIONS TAKING ACTIONS TO - UNDERMINE TAIWAN. - - (a) In General.--The Secretary of State may consider taking such -action to modify United States diplomatic presence as necessary and -appropriate to provide incentives to countries considering or taking -steps to alter or downgrade official or unofficial ties with Taiwan. - (b) Actions Included.--Actions described in subsection (a) may -include-- - (1) supplementing or reducing the appropriate diplomatic - presence in the United States of countries identified pursuant - to section 3 as having taken, or anticipating, actions to alter - formal diplomatic ties with Taiwan or otherwise downgrade - relations; and - (2) supplementing or reducing the diplomatic presence of - the United States in those countries. - (c) Consultation.--Not less than 30 days before taking any action -under subsection (a), the Secretary shall consult with the appropriate -congressional committees with respect to the action. - -SEC. 5. AUTHORIZATION TO CONSIDER ADJUSTMENT OF UNITED STATES - ASSISTANCE TO NATIONS TAKING ACTIONS TO UNDERMINE TAIWAN. - - (a) In General.--The Secretary of State may consider the expansion, -termination, or reduction of United States foreign assistance to -countries identified pursuant to section 3 as having taken, or -anticipating, actions to alter or downgrade official or unofficial ties -with Taiwan or otherwise downgrade relations. - (b) Assistance Included.--Assistance for consideration under -subsection (a) may include-- - (1) assistance under chapter 4 of part II of the Foreign - Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the - Economic Support Fund); - (2) military assistance provided pursuant to section 23 of - the Arms Export Control Act (22 U.S.C. 2763; relating to the - Foreign Military Financing Program); and - (3) assistance provided under chapter 5 of part II of the - Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; - relating to international military education and training). - (c) Consultation.--Not less than 30 days before taking any action -under subsection (a), the Secretary shall consult with the appropriate -congressional committees with respect to the action, as well as comply -with the notification procedures applicable to reprogramming pursuant -to section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394- -1). - -SEC. 6. POLICY OF THE UNITED STATES WITH REGARD TO TAIWAN'S +SEC. 3. STRENGTHENING OF OFFICIAL OR UNOFFICIAL TIES WITH TAIWAN. + + (a) Sense of Congress.--It is the sense of Congress that the United +States Government should-- + (1) support Taiwan in strengthening its official diplomatic + relationships as well as unofficial partnerships with countries + in the Indo-Pacific region and around the world; + (2) consider, in certain cases as appropriate and in + alignment with United States interests, increasing its + economic, security, and diplomatic engagement with nations that + have demonstrably strengthened, enhanced, or upgraded relations + with Taiwan; and + (3) consider, in certain cases as appropriate and in + alignment with United States interests, reducing its economic, + security, and diplomatic engagement with nations that take + serious or significant actions to undermine Taiwan. + (b) Consultation.--Not less than 30 days before increasing or +decreasing the United States Government's economic, security, or +diplomatic engagement with another nation as a result of an action +taken by that nation to either strengthen or undermine ties with +Taiwan, the Secretary of State shall consult with the appropriate +congressional committees with respect to the proposed United States +action or actions. + (c) Rule of Construction.--Nothing in this Act shall be construed +to supersede or otherwise alter obligations to comply with the +notification procedures applicable to reprogramming pursuant to section +634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1). + +SEC. 4. POLICY OF THE UNITED STATES WITH REGARD TO TAIWAN'S PARTICIPATION IN INTERNATIONAL ORGANIZATIONS. It should be the policy of the United States-- @@ -171,9 +113,9 @@ SEC. 6. POLICY OF THE UNITED STATES WITH REGARD TO TAIWAN'S other appropriate international organizations; (2) to instruct, as appropriate, representatives of the United States Government in all organizations described in - paragraph (1) to use the voice and vote of the United States to - advocate for Taiwan's membership or observer status in such - organizations; and + paragraph (1) to use the voice, vote, and influence of the + United States to advocate for Taiwan's membership or observer + status in such organizations; and (3) for the President or the President's designees to advocate, as appropriate, for Taiwan's membership or observer status in all organizations described in paragraph (1) as part @@ -181,7 +123,14 @@ SEC. 6. POLICY OF THE UNITED STATES WITH REGARD TO TAIWAN'S and the People's Republic of China, including leader summits and the U.S.-China Comprehensive Economic Dialogue. -SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. +SEC. 5. SENSE OF CONGRESS ON TRADE NEGOTIATIONS WITH TAIWAN. + + It is the sense of Congress that the United States should engage in +bilateral trade negotiations with Taiwan, with the goal of entering +into a free trade agreement that is of mutual economic benefit and that +protects United States workers and benefits United States exporters. + +SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- @@ -189,4 +138,21 @@ means-- Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. - \ No newline at end of file + + Passed the Senate October 29, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1678 + +_______________________________________________________________________ + + AN ACT + + To express United States support for Taiwan's diplomatic alliances + around the world. From 185a7fa530c865d8ceb9dc2f3eeafbcfe3ea9bb8 Mon Sep 17 00:00:00 2001 From: "Sen. Gardner, Cory [R-CO]" <> Date: Sun, 27 Dec 2020 18:28:42 -0500 Subject: [PATCH 829/984] Senate-1678: Enrolled --- bills_text/Senate-1678.txt | 267 +++++++++++++++++-------------------- 1 file changed, 124 insertions(+), 143 deletions(-) diff --git a/bills_text/Senate-1678.txt b/bills_text/Senate-1678.txt index 7aa7b1b..f743760 100644 --- a/bills_text/Senate-1678.txt +++ b/bills_text/Senate-1678.txt @@ -1,158 +1,139 @@ -116th CONGRESS - 1st Session - S. 1678 + S.1678 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To express United States support for Taiwan's diplomatic alliances - around the world. + To express United States support for Taiwan's diplomatic alliances + around the world. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019''. - SEC. 2. DIPLOMATIC RELATIONS WITH TAIWAN. - (a) Findings.--Congress makes the following findings: - (1) The Taiwan Relations Act of 1979 (Public Law 96-8) - states that it is the policy of the United States ``to preserve - and promote extensive, close, and friendly commercial, - cultural, and other relations between the people of the United - States and the people on Taiwan''. - (2) The Taiwan Relations Act of 1979 states that it is the - policy of the United States ``to maintain the capacity of the - United States to resist any resort to force or other forms of - coercion that would jeopardize the security, or the social or - economic system, of the people on Taiwan''. - (3) Taiwan is a free, democratic, and prosperous nation of - 23,000,000 people and an important contributor to peace and - stability around the world. - (4) Since the election of President Tsai Ing-wen as - President of Taiwan in 2016, the Government of the People's - Republic of China has intensified its efforts to pressure - Taiwan. - (5) Since 2016, the Gambia, Sao Tome and Principe, Panama, - the Dominican Republic, Burkina Faso, El Salvador, the Solomon - Islands, and Kiribati have severed diplomatic relations with - Taiwan in favor of diplomatic relations with China. - (6) Taiwan currently maintains full diplomatic relations - with 15 nations around the world. - (7) Taiwan's unofficial relations with the United States, - Australia, India, Japan, and other countries are of significant - benefit in strengthening Taiwan's economy and preserving its - international space. - (8) According to President Tsai Ing-wen, the severance of - diplomatic ties with Taiwan in favor of diplomatic relations - with China is ``part of a series of diplomatic and military - acts of coercion'' by China. - (9) The Asia Reassurance Initiative Act of 2018 (Public Law - 115-409) states that-- - (A) it is United States policy ``to support the - close economic, political, and security relationship - between Taiwan and the United States''; and - (B) the President should-- - (i) ``conduct regular transfers of defense - articles to Taiwan that are tailored to meet - the existing and likely future threats from the - People's Republic of China, including - supporting the efforts of Taiwan to develop and - integrate asymmetric capabilities, as - appropriate, including mobile, survivable, and - cost-effective capabilities, into its military - forces''; and - (ii) ``encourage the travel of high-level - United States officials to Taiwan, in - accordance with the Taiwan Travel Act''. - -SEC. 3. STRENGTHENING OF OFFICIAL OR UNOFFICIAL TIES WITH TAIWAN. - - (a) Sense of Congress.--It is the sense of Congress that the United -States Government should-- - (1) support Taiwan in strengthening its official diplomatic - relationships as well as unofficial partnerships with countries - in the Indo-Pacific region and around the world; - (2) consider, in certain cases as appropriate and in - alignment with United States interests, increasing its - economic, security, and diplomatic engagement with nations that - have demonstrably strengthened, enhanced, or upgraded relations - with Taiwan; and - (3) consider, in certain cases as appropriate and in - alignment with United States interests, reducing its economic, - security, and diplomatic engagement with nations that take - serious or significant actions to undermine Taiwan. - (b) Consultation.--Not less than 30 days before increasing or -decreasing the United States Government's economic, security, or -diplomatic engagement with another nation as a result of an action -taken by that nation to either strengthen or undermine ties with -Taiwan, the Secretary of State shall consult with the appropriate -congressional committees with respect to the proposed United States -action or actions. - (c) Rule of Construction.--Nothing in this Act shall be construed -to supersede or otherwise alter obligations to comply with the -notification procedures applicable to reprogramming pursuant to section -634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1). - + (1) The Taiwan Relations Act of 1979 (Public Law 96-8) states + that it is the policy of the United States ``to preserve and + promote extensive, close, and friendly commercial, cultural, and + other relations between the people of the United States and the + people on Taiwan''. + (2) The Taiwan Relations Act of 1979 states that it is the + policy of the United States ``to maintain the capacity of the + United States to resist any resort to force or other forms of + coercion that would jeopardize the security, or the social or + economic system, of the people on Taiwan''. + (3) Taiwan is a free, democratic, and prosperous nation of + 23,000,000 people and an important contributor to peace and + stability around the world. + (4) Since the election of President Tsai Ing-wen as President + of Taiwan in 2016, the Government of the People's Republic of China + has intensified its efforts to pressure Taiwan. + (5) Since 2016, the Gambia, Sao Tome and Principe, Panama, the + Dominican Republic, Burkina Faso, El Salvador, the Solomon Islands, + and Kiribati have severed diplomatic relations with Taiwan in favor + of diplomatic relations with China. + (6) Taiwan currently maintains full diplomatic relations with + 15 nations around the world. + (7) Taiwan's unique relationship with the United States, + Australia, India, Japan, and other countries are of significant + benefit in strengthening Taiwan's economy and preserving its + international space. + (8) According to President Tsai Ing-wen, the severance of + diplomatic ties with Taiwan in favor of diplomatic relations with + China is ``part of a series of diplomatic and military acts of + coercion'' by China. + (9) The Asia Reassurance Initiative Act of 2018 (Public Law + 115-409) states that-- + (A) it is United States policy ``to support the close + economic, political, and security relationship between Taiwan + and the United States''; and + (B) the President should-- + (i) ``conduct regular transfers of defense articles to + Taiwan that are tailored to meet the existing and likely + future threats from the People's Republic of China, + including supporting the efforts of Taiwan to develop and + integrate asymmetric capabilities, as appropriate, + including mobile, survivable, and cost-effective + capabilities, into its military forces''; and + (ii) ``encourage the travel of high-level United States + officials to Taiwan, in accordance with the Taiwan Travel + Act''. +SEC. 3. SENSE OF CONGRESS ON TRADE AND ECONOMIC RELATIONS WITH TAIWAN. + It is the sense of Congress that-- + (1) the United States and Taiwan have built a strong economic + partnership, with the United States now Taiwan's second largest + trading partner and with Taiwan the 11th largest trading partner of + the United States and a key destination for United States + agricultural exports; + (2) strong United States-Taiwan economic relations have been a + positive factor in stimulating economic growth and job creation for + the people of both the United States and Taiwan; and + (3) the United States Trade Representative should consult with + Congress on opportunities for further strengthening bilateral trade + and economic relations between the United States and Taiwan. SEC. 4. POLICY OF THE UNITED STATES WITH REGARD TO TAIWAN'S - PARTICIPATION IN INTERNATIONAL ORGANIZATIONS. - +PARTICIPATION IN INTERNATIONAL ORGANIZATIONS. It should be the policy of the United States-- - (1) to advocate, as appropriate-- - (A) for Taiwan's membership in all international - organizations in which statehood is not a requirement - and in which the United States is also a participant; - and - (B) for Taiwan to be granted observer status in - other appropriate international organizations; - (2) to instruct, as appropriate, representatives of the - United States Government in all organizations described in - paragraph (1) to use the voice, vote, and influence of the - United States to advocate for Taiwan's membership or observer - status in such organizations; and - (3) for the President or the President's designees to - advocate, as appropriate, for Taiwan's membership or observer - status in all organizations described in paragraph (1) as part - of any relevant bilateral engagements between the United States - and the People's Republic of China, including leader summits - and the U.S.-China Comprehensive Economic Dialogue. - -SEC. 5. SENSE OF CONGRESS ON TRADE NEGOTIATIONS WITH TAIWAN. - - It is the sense of Congress that the United States should engage in -bilateral trade negotiations with Taiwan, with the goal of entering -into a free trade agreement that is of mutual economic benefit and that -protects United States workers and benefits United States exporters. - -SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. - - In this Act, the term ``appropriate congressional committees'' -means-- - (1) the Committee on Foreign Relations and the Committee on - Appropriations of the Senate; and - (2) the Committee on Foreign Affairs and the Committee on - Appropriations of the House of Representatives. - - Passed the Senate October 29, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 1678 - -_______________________________________________________________________ - - AN ACT - - To express United States support for Taiwan's diplomatic alliances - around the world. + (1) to advocate, as appropriate-- + (A) for Taiwan's membership in all international + organizations in which statehood is not a requirement and in + which the United States is also a participant; and + (B) for Taiwan to be granted observer status in other + appropriate international organizations; + (2) to instruct, as appropriate, representatives of the United + States Government in all organizations described in paragraph (1) + to use the voice, vote, and influence of the United States to + advocate for Taiwan's membership or observer status in such + organizations; and + (3) for the President or the President's designees to advocate, + as appropriate, for Taiwan's membership or observer status in all + organizations described in paragraph (1) as part of any relevant + bilateral engagements between the United States and the People's + Republic of China, including leader summits and the U.S.-China + Comprehensive Economic Dialogue. +SEC. 5. STRENGTHENING OF TIES WITH TAIWAN. + (a) Sense of Congress.--It is the sense of Congress that the United +States Government should-- + (1) support Taiwan in strengthening its official diplomatic + relationships as well as other partnerships with countries in the + Indo-Pacific region and around the world; + (2) consider, in certain cases as appropriate and in alignment + with United States interests, increasing its economic, security, + and diplomatic engagement with nations that have demonstrably + strengthened, enhanced, or upgraded relations with Taiwan; and + (3) consider, in certain cases as appropriate, in alignment + with United States foreign policy interests and in consultation + with Congress, altering its economic, security, and diplomatic + engagement with nations that take serious or significant actions to + undermine the security or prosperity of Taiwan. + (b) Report.--Not later than 1 year after the date of the enactment +of this Act, and annually thereafter for five years, the Secretary of +State shall report to the appropriate congressional committees on the +steps taken in accordance with subsection (a). + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Relations, the Committee on + Appropriations, and the Committee on Finance of the Senate; and + (2) the Committee on Foreign Affairs, the Committee on + Appropriations, and the Committee on Ways and Means of the House of + Representatives. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 2904900e5fe51f2415861196c1fb39f3f73c6591 Mon Sep 17 00:00:00 2001 From: "Sen. Booker, Cory A. [D-NJ]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 830/984] Senate-1689: Introduced to Senate --- bills_text/Senate-1689.txt | 79 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 79 insertions(+) create mode 100644 bills_text/Senate-1689.txt diff --git a/bills_text/Senate-1689.txt b/bills_text/Senate-1689.txt new file mode 100644 index 0000000..0666335 --- /dev/null +++ b/bills_text/Senate-1689.txt @@ -0,0 +1,79 @@ +116th CONGRESS + 1st Session + S. 1689 + + To permit States to transfer certain funds from the clean water + revolving fund of a State to the drinking water revolving fund of the + State in certain circumstances, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 23 (legislative day, May 22), 2019 + + Mr. Booker introduced the following bill; which was read twice and + referred to the Committee on Environment and Public Works + +_______________________________________________________________________ + + A BILL + + + + To permit States to transfer certain funds from the clean water + revolving fund of a State to the drinking water revolving fund of the + State in certain circumstances, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. TRANSFER AUTHORITY. + + (a) Findings.--Congress finds that-- + (1) lead is a toxic chemical that-- + (A) is particularly harmful to young children; and + (B) can cause reduced intelligence quotients, + attention disorders, and other serious health problems; + (2) excessive and harmful levels of lead have been found in + water systems across all 50 States and those water systems + serve drinking water to millions of people in the United + States; + (3) hundreds of the water systems described in paragraph + (2) are water systems that provide drinking water to schools or + day care centers; + (4) not all States have sufficient funds in the drinking + water revolving fund of that State to address the threat to + public health from heightened exposure to lead in drinking + water; and + (5) some States have available funds in the clean water + revolving fund of that State that could be used to provide + additional resources to help address lead in drinking water. + (b) Definitions.--In this section: + (1) Clean water revolving fund.--The term ``clean water + revolving fund'' means a State water pollution control + revolving fund established under title VI of the Federal Water + Pollution Control Act (33 U.S.C. 1381 et seq.). + (2) Drinking water revolving fund.--The term ``drinking + water revolving fund'' means a State drinking water treatment + revolving loan fund established under section 1452 of the Safe + Drinking Water Act (42 U.S.C. 300j-12). + (c) Authority.--In addition to the transfer authority in section +302(a) of the Safe Drinking Water Act Amendments of 1996 (42 U.S.C. +300j-12 note; Public Law 104-182), and notwithstanding section 1452(d) +of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)), during the 1- +year period beginning on the date of enactment of this Act, if a State, +in consultation with the Administrator of the Environmental Protection +Agency, determines that available funds in the clean water revolving +fund of the State are necessary to address a threat to public health as +a result of heightened exposure to lead in drinking water, the State +may transfer an amount equal to not more than 5 percent of the +cumulative clean water revolving fund Federal grant dollars to the +State to the drinking water revolving fund of the State. Funds +transferred pursuant to this subsection shall be used by the State to +provide additional subsidy to eligible recipients in the form of +forgiveness of principal, negative interest loans, or grants (or any +combination of these). + \ No newline at end of file From 2cbac025e1010430a99a14438c62095e8da3bbeb Mon Sep 17 00:00:00 2001 From: "Sen. Booker, Cory A. [D-NJ]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 831/984] Senate-1689: Engrossed in Senate --- bills_text/Senate-1689.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-1689.txt b/bills_text/Senate-1689.txt index 0666335..e6e06b9 100644 --- a/bills_text/Senate-1689.txt +++ b/bills_text/Senate-1689.txt @@ -2,24 +2,9 @@ 1st Session S. 1689 - To permit States to transfer certain funds from the clean water - revolving fund of a State to the drinking water revolving fund of the - State in certain circumstances, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - May 23 (legislative day, May 22), 2019 - - Mr. Booker introduced the following bill; which was read twice and - referred to the Committee on Environment and Public Works - -_______________________________________________________________________ - - A BILL + AN ACT @@ -76,4 +61,22 @@ transferred pursuant to this subsection shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these). - \ No newline at end of file + + Passed the Senate September 9, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1689 + +_______________________________________________________________________ + + AN ACT + + To permit States to transfer certain funds from the clean water + revolving fund of a State to the drinking water revolving fund of the + State in certain circumstances, and for other purposes. From e4ab6b1faec9664d8600e0934e6bfecbe868ffcf Mon Sep 17 00:00:00 2001 From: "Sen. Booker, Cory A. [D-NJ]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 832/984] Senate-1689: Enrolled --- bills_text/Senate-1689.txt | 93 +++++++++++++++++--------------------- 1 file changed, 42 insertions(+), 51 deletions(-) diff --git a/bills_text/Senate-1689.txt b/bills_text/Senate-1689.txt index e6e06b9..5a7c6b0 100644 --- a/bills_text/Senate-1689.txt +++ b/bills_text/Senate-1689.txt @@ -1,50 +1,55 @@ -116th CONGRESS - 1st Session - S. 1689 + S.1689 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act To permit States to transfer certain funds from the clean water revolving fund of a State to the drinking water revolving fund of the - State in certain circumstances, and for other purposes. + State in certain circumstances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. TRANSFER AUTHORITY. - (a) Findings.--Congress finds that-- - (1) lead is a toxic chemical that-- - (A) is particularly harmful to young children; and - (B) can cause reduced intelligence quotients, - attention disorders, and other serious health problems; - (2) excessive and harmful levels of lead have been found in - water systems across all 50 States and those water systems - serve drinking water to millions of people in the United - States; - (3) hundreds of the water systems described in paragraph - (2) are water systems that provide drinking water to schools or - day care centers; - (4) not all States have sufficient funds in the drinking - water revolving fund of that State to address the threat to - public health from heightened exposure to lead in drinking - water; and - (5) some States have available funds in the clean water - revolving fund of that State that could be used to provide - additional resources to help address lead in drinking water. + (1) lead is a toxic chemical that-- + (A) is particularly harmful to young children; and + (B) can cause reduced intelligence quotients, attention + disorders, and other serious health problems; + (2) excessive and harmful levels of lead have been found in + water systems across all 50 States and those water systems serve + drinking water to millions of people in the United States; + (3) hundreds of the water systems described in paragraph (2) + are water systems that provide drinking water to schools or day + care centers; + (4) not all States have sufficient funds in the drinking water + revolving fund of that State to address the threat to public health + from heightened exposure to lead in drinking water; and + (5) some States have available funds in the clean water + revolving fund of that State that could be used to provide + additional resources to help address lead in drinking water. (b) Definitions.--In this section: - (1) Clean water revolving fund.--The term ``clean water - revolving fund'' means a State water pollution control - revolving fund established under title VI of the Federal Water - Pollution Control Act (33 U.S.C. 1381 et seq.). - (2) Drinking water revolving fund.--The term ``drinking - water revolving fund'' means a State drinking water treatment - revolving loan fund established under section 1452 of the Safe - Drinking Water Act (42 U.S.C. 300j-12). + (1) Clean water revolving fund.--The term ``clean water + revolving fund'' means a State water pollution control revolving + fund established under title VI of the Federal Water Pollution + Control Act (33 U.S.C. 1381 et seq.). + (2) Drinking water revolving fund.--The term ``drinking water + revolving fund'' means a State drinking water treatment revolving + loan fund established under section 1452 of the Safe Drinking Water + Act (42 U.S.C. 300j-12). (c) Authority.--In addition to the transfer authority in section 302(a) of the Safe Drinking Water Act Amendments of 1996 (42 U.S.C. 300j-12 note; Public Law 104-182), and notwithstanding section 1452(d) @@ -62,21 +67,7 @@ provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these). - Passed the Senate September 9, 2019. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 1689 - -_______________________________________________________________________ - - AN ACT - - To permit States to transfer certain funds from the clean water - revolving fund of a State to the drinking water revolving fund of the - State in certain circumstances, and for other purposes. + Vice President of the United States and + President of the Senate. From 9bc252c945865a6401f316dbdde1b83f4ae450fb Mon Sep 17 00:00:00 2001 From: "Sen. Kennedy, John [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 833/984] Senate-1693: Engrossed in Senate --- bills_text/Senate-1693.txt | 48 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 bills_text/Senate-1693.txt diff --git a/bills_text/Senate-1693.txt b/bills_text/Senate-1693.txt new file mode 100644 index 0000000..56b333f --- /dev/null +++ b/bills_text/Senate-1693.txt @@ -0,0 +1,48 @@ +116th CONGRESS + 1st Session + S. 1693 + +_______________________________________________________________________ + + AN ACT + + + + To reauthorize the National Flood Insurance Program. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Flood Insurance Program +Extension Act of 2019''. + +SEC. 2. REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PROGRAM. + + (a) Financing.--Section 1309(a) of the National Flood Insurance Act +of 1968 (42 U.S.C. 4016(a)) is amended by striking ``May 31, 2019'' and +inserting ``June 14, 2019''. + (b) Program Expiration.--Section 1319 of the National Flood +Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking ``May 31, +2019'' and inserting ``June 14, 2019''. + (c) Retroactive Effective Date.--If this Act is enacted after May +31, 2019, the amendments made by subsections (a) and (b) shall take +effect as if enacted on May 31, 2019. + + Passed the Senate May 23 (legislative day, May 22), 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1693 + +_______________________________________________________________________ + + AN ACT + + To reauthorize the National Flood Insurance Program. From e588de3d3fe674c2aabfac5a6cb208b289612ac8 Mon Sep 17 00:00:00 2001 From: "Sen. Kennedy, John [R-LA]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 834/984] Senate-1693: Enrolled --- bills_text/Senate-1693.txt | 41 ++++++++++++++++---------------------- 1 file changed, 17 insertions(+), 24 deletions(-) diff --git a/bills_text/Senate-1693.txt b/bills_text/Senate-1693.txt index 56b333f..ee59dfc 100644 --- a/bills_text/Senate-1693.txt +++ b/bills_text/Senate-1693.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 1693 + S.1693 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -12,14 +21,10 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``National Flood Insurance Program Extension Act of 2019''. - SEC. 2. REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PROGRAM. - (a) Financing.--Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ``May 31, 2019'' and inserting ``June 14, 2019''. @@ -30,19 +35,7 @@ Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking ``May 31, 31, 2019, the amendments made by subsections (a) and (b) shall take effect as if enacted on May 31, 2019. - Passed the Senate May 23 (legislative day, May 22), 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - S. 1693 - -_______________________________________________________________________ - - AN ACT - - To reauthorize the National Flood Insurance Program. + Vice President of the United States and + President of the Senate. From 3c8c75b5519f688479c85df0e2726633a83b0ace Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 835/984] Senate-1694: Introduced to Senate --- bills_text/Senate-1694.txt | 179 +++++++++++++++++++++++++++++++++++++ 1 file changed, 179 insertions(+) create mode 100644 bills_text/Senate-1694.txt diff --git a/bills_text/Senate-1694.txt b/bills_text/Senate-1694.txt new file mode 100644 index 0000000..2639589 --- /dev/null +++ b/bills_text/Senate-1694.txt @@ -0,0 +1,179 @@ +116th CONGRESS + 1st Session + S. 1694 + + To require any Federal agency that issues licenses to conduct + activities in outer space to include in the requirements for such + licenses an agreement relating to the preservation and protection of + the Apollo 11 landing site, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 23 (legislative day, May 22), 2019 + + Mr. Peters (for himself and Mr. Cruz) introduced the following bill; + which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To require any Federal agency that issues licenses to conduct + activities in outer space to include in the requirements for such + licenses an agreement relating to the preservation and protection of + the Apollo 11 landing site, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``One Small Step to Protect Human +Heritage in Space Act''. + +SEC. 2. FINDINGS; SENSE OF CONGRESS. + + (a) Findings.--Congress makes the following findings: + (1) On July 16, 1969, the Apollo 11 spacecraft launched + from the John F. Kennedy Space Center carrying Neil A. + Armstrong, Edwin E. ``Buzz'' Aldrin, Jr., and Michael Collins. + (2) July 20, 2019, will mark the 50th anniversary of the + date on which the Apollo 11 spacecraft landed on the Moon and + Neil Armstrong and Buzz Aldrin became the first humans to set + foot on a celestial body off the Earth. + (3) The landing of the Apollo 11 spacecraft and humanity's + first off-world footprints are achievements unparalleled in + history, a direct product of the work and perseverance of the + more than 400,000 individuals who contributed to the + development of the Apollo missions on the shoulders of + centuries of science and engineering pioneers from all corners + of the world. + (4) Among the thousands of individuals who have contributed + to the achievements of the National Aeronautics and Space + Administration (in this section referred to as ``NASA'') are + African-American women such as Katherine Johnson, Dorothy + Vaughn, Mary Jackson, and Dr. Christine Darden, who made + critical contributions to NASA space programs. Katherine + Johnson worked at NASA for 35 years and calculated the + trajectory of the Apollo 11 landing and the trajectories for + the spaceflights of astronauts Alan Shepard and John Glenn. + Katherine Johnson, together with many other individuals the + work of whom often went unacknowledged, helped broaden the + scope of space travel and charted new frontiers for humanity's + exploration of space. + (5) The landing of the Apollo 11 spacecraft was made on + behalf of all humankind, and Neil Armstrong and Buzz Aldrin + were accompanied by messages of peace from the leaders of more + than 70 countries. + (6) The lunar landing sites of the Apollo 11 spacecraft, + the robotic spacecraft that preceded the Apollo 11 mission, and + the crewed and robotic spacecraft that followed, are of + outstanding universal value to humanity. + (7) Such landing sites-- + (A) are the first archaeological sites with human + activity that are not on Earth; + (B) provide evidence of the first achievements of + humankind in the realm of space travel and exploration; + and + (C) contain artifacts and other evidence of human + exploration activities that remain a potential source + of cultural, historical, archaeological, + anthropological, scientific, and engineering knowledge. + (8) As commercial enterprises and more countries acquire + the ability to land on the Moon, it is necessary to ensure the + recognition and protection of the Apollo 11 landing site and + other historic landing sites together with all the human effort + and innovation the sites represent. + (9) On July 20, 2011, NASA published the voluntary guidance + entitled ``NASA's Recommendations to Space-Faring Entities: How + to Protect and Preserve the Historic and Scientific Value of + U.S. Government Lunar Artifacts''. + (10) In March 2018, the Office of Science and Technology + Policy published a report entitled ``Protecting & Preserving + Apollo Program Lunar Landing Sites & Artifacts''. + (11) The Apollo 11 landing site and other similar historic + landing sites in outer space merit legal protection from + inadvertent or intentional interference with such sites or the + environment surrounding such sites in order to prevent + irremediable loss of archaeological, anthropological, + historical, scientific, and engineering significance and value. + (12) Space-faring entities based outside the United States + have the capacity to land on the Moon. + (13) The licensing requirements under this Act are + applicable only to United States-based activities in outer + space and therefore have limited efficacy for protecting + against intentional or inadvertent disturbances of the Apollo + 11 landing site and other similar historic sites from space- + faring entities based outside the United States. + (14) A binding international agreement to protect the + Apollo 11 landing site and other similar historic sites by + requiring adherence to the recommendations described in section + 3(b) would be sufficient to protect against intentional or + inadvertent disturbances of the Apollo 11 landing site and + other similar historic sites. + (b) Sense of Congress.--It is the sense of Congress that the +President should initiate a diplomatic initiative to negotiate an +international agreement described in subsection (a)(14). + +SEC. 3. LICENSING REQUIREMENTS CONCERNING PRESERVATION OF HISTORIC + LUNAR LANDING SITES. + + (a) In General.--Beginning not later than 90 days after the date of +the enactment of this Act, any Federal agency that issues a license to +conduct an activity in outer space shall require each applicant for +such a license-- + (1) to agree to abide by the recommendations described in + subsection (b); or + (2) in the case of an activity that requires a license from + more than one Federal agency, to certify (as described in + paragraph (1) or (2), as applicable, of section 1746 of title + 28, United States Code) that the applicant has submitted an + application for a license for such activity to another Federal + agency that satisfies paragraph (1). + (b) Recommendations Described.--The recommendations described in +this subsection are-- + (1) ``NASA's Recommendations to Space-Faring Entities: How + to Protect and Preserve the Historic and Scientific Value of + U.S. Government Lunar Artifacts'' issued by the National + Aeronautics and Space Administration on July 20, 2011; + (2) the updates to ``NASA's Recommendations to Space-Faring + Entities: How to Protect and Preserve the Historic and + Scientific Value of U.S. Government Lunar Artifacts'' issued by + the National Aeronautics and Space Administration on October + 28, 2011; and + (3) any successor heritage preservation recommendations, + guidelines, or principles relating to the protection and + preservation of Government lunar artifacts issued by the + National Aeronautics and Space Administration. + (c) Exemptions.--A Federal agency issuing a license described in +subsection (a) may, in consultation with the Administrator of the +National Aeronautics and Space Administration, exempt specific +activities of an applicant from the historic preservation agreement or +certification under subsection (a) if such bona fide activities are +determined to have legitimate and significant historical, +archeological, anthropological, scientific, or engineering value. + (d) Authority To Assess Penalty Fees.-- + (1) In general.--A Federal agency issuing a license + described in subsection (a) may assess a penalty fee on the + holder of such license for conduct that violates one or more of + terms of the license relating to the agreement under subsection + (a)(1). + (2) Amount.--The penalty fee amount assessed under + paragraph (1) shall be-- + (A) commensurate with the nature and extent of the + violation; and + (B) sufficient to deter future violations. + (e) Activity Defined.--In this section, the term ``activity'' means +an action or endeavor in outer space that-- + (1) is intended to be lunar in nature, including lunar + orbit, landing, and impact; or + (2) has a greater likelihood than not of becoming lunar in + nature, including unintentional orbit and impact. + \ No newline at end of file From d73acc41dea2237b8ae04167e08427ad0cf81211 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 836/984] Senate-1694: Engrossed in Senate --- bills_text/Senate-1694.txt | 142 ++++++++++++++++++------------------- 1 file changed, 68 insertions(+), 74 deletions(-) diff --git a/bills_text/Senate-1694.txt b/bills_text/Senate-1694.txt index 2639589..ab16b70 100644 --- a/bills_text/Senate-1694.txt +++ b/bills_text/Senate-1694.txt @@ -2,33 +2,16 @@ 1st Session S. 1694 - To require any Federal agency that issues licenses to conduct - activities in outer space to include in the requirements for such - licenses an agreement relating to the preservation and protection of - the Apollo 11 landing site, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - May 23 (legislative day, May 22), 2019 - - Mr. Peters (for himself and Mr. Cruz) introduced the following bill; - which was read twice and referred to the Committee on Commerce, - Science, and Transportation - _______________________________________________________________________ - A BILL + AN ACT - To require any Federal agency that issues licenses to conduct - activities in outer space to include in the requirements for such - licenses an agreement relating to the preservation and protection of - the Apollo 11 landing site, and for other purposes. + To require any Federal agency that issues licenses to conduct lunar + activities to include in the requirements for such licenses an +agreement relating to the preservation and protection of the Apollo 11 + landing site, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -86,83 +69,75 @@ SEC. 2. FINDINGS; SENSE OF CONGRESS. exploration activities that remain a potential source of cultural, historical, archaeological, anthropological, scientific, and engineering knowledge. - (8) As commercial enterprises and more countries acquire - the ability to land on the Moon, it is necessary to ensure the - recognition and protection of the Apollo 11 landing site and - other historic landing sites together with all the human effort - and innovation the sites represent. - (9) On July 20, 2011, NASA published the voluntary guidance + (8) On July 20, 2011, NASA published the voluntary guidance entitled ``NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts''. - (10) In March 2018, the Office of Science and Technology + (9) In March 2018, the Office of Science and Technology Policy published a report entitled ``Protecting & Preserving Apollo Program Lunar Landing Sites & Artifacts''. - (11) The Apollo 11 landing site and other similar historic - landing sites in outer space merit legal protection from - inadvertent or intentional interference with such sites or the - environment surrounding such sites in order to prevent - irremediable loss of archaeological, anthropological, - historical, scientific, and engineering significance and value. - (12) Space-faring entities based outside the United States + (10) Space-faring entities based outside the United States have the capacity to land on the Moon. - (13) The licensing requirements under this Act are - applicable only to United States-based activities in outer - space and therefore have limited efficacy for protecting - against intentional or inadvertent disturbances of the Apollo - 11 landing site and other similar historic sites from space- - faring entities based outside the United States. - (14) A binding international agreement to protect the - Apollo 11 landing site and other similar historic sites by - requiring adherence to the recommendations described in section - 3(b) would be sufficient to protect against intentional or - inadvertent disturbances of the Apollo 11 landing site and - other similar historic sites. - (b) Sense of Congress.--It is the sense of Congress that the -President should initiate a diplomatic initiative to negotiate an -international agreement described in subsection (a)(14). + (11) The licensing requirements under this Act are + applicable only to United States-based lunar activities and + therefore have limited efficacy for protecting the Apollo 11 + landing site, other similar historic sites, and lunar artifacts + from disturbances caused by space-faring entities based outside + the United States. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) as commercial enterprises and more countries acquire + the ability to land on the Moon, it is necessary to ensure the + recognition and protection of the Apollo 11 landing site and + other historic landing sites in acknowledgment of the human + effort and innovation the sites represent; + (2) the Apollo 11 landing site, other similar historic + landing sites, lunar artifacts, and the environment surrounding + such sites and artifacts merit legal protection from + disturbance to prevent irremediable loss of sites and artifacts + that are of archeological, anthropological, historical, + scientific, and engineering significance and value; and + (3) the President should work with other countries to + develop best practices to ensure the protection of historic + lunar landing sites and artifacts. SEC. 3. LICENSING REQUIREMENTS CONCERNING PRESERVATION OF HISTORIC LUNAR LANDING SITES. - (a) In General.--Beginning not later than 90 days after the date of -the enactment of this Act, any Federal agency that issues a license to -conduct an activity in outer space shall require each applicant for -such a license-- + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, any Federal agency that issues a license to +conduct a lunar activity shall require each applicant for such a +license-- (1) to agree to abide by the recommendations described in subsection (b); or - (2) in the case of an activity that requires a license from - more than one Federal agency, to certify (as described in - paragraph (1) or (2), as applicable, of section 1746 of title - 28, United States Code) that the applicant has submitted an - application for a license for such activity to another Federal - agency that satisfies paragraph (1). + (2) in the case of a lunar activity that requires a license + from more than one Federal agency, to certify under penalty of + perjury as provided in paragraph (1) or (2), as applicable, of + section 1746 of title 28, United States Code, that the + applicant has submitted an application for a license for such + activity to another Federal agency that satisfies paragraph + (1). (b) Recommendations Described.--The recommendations described in this subsection are-- (1) ``NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts'' issued by the National - Aeronautics and Space Administration on July 20, 2011; - (2) the updates to ``NASA's Recommendations to Space-Faring - Entities: How to Protect and Preserve the Historic and - Scientific Value of U.S. Government Lunar Artifacts'' issued by - the National Aeronautics and Space Administration on October - 28, 2011; and - (3) any successor heritage preservation recommendations, + Aeronautics and Space Administration on July 20, 2011, and + updated on October 28, 2011; and + (2) any successor heritage preservation recommendations, guidelines, or principles relating to the protection and preservation of Government lunar artifacts issued by the National Aeronautics and Space Administration. (c) Exemptions.--A Federal agency issuing a license described in subsection (a) may, in consultation with the Administrator of the -National Aeronautics and Space Administration, exempt specific +National Aeronautics and Space Administration, exempt specific lunar activities of an applicant from the historic preservation agreement or certification under subsection (a) if such bona fide activities are determined to have legitimate and significant historical, archeological, anthropological, scientific, or engineering value. - (d) Authority To Assess Penalty Fees.-- + (d) Authority to Assess Penalty Fees.-- (1) In general.--A Federal agency issuing a license described in subsection (a) may assess a penalty fee on the - holder of such license for conduct that violates one or more of + holder of such license for conduct that violates one or more terms of the license relating to the agreement under subsection (a)(1). (2) Amount.--The penalty fee amount assessed under @@ -170,10 +145,29 @@ archeological, anthropological, scientific, or engineering value. (A) commensurate with the nature and extent of the violation; and (B) sufficient to deter future violations. - (e) Activity Defined.--In this section, the term ``activity'' means -an action or endeavor in outer space that-- + (e) Lunar Activity Defined.--In this section, the term ``lunar +activity'' means an action or endeavor in space that-- (1) is intended to be lunar in nature, including lunar orbit, landing, and impact; or (2) has a greater likelihood than not of becoming lunar in nature, including unintentional orbit and impact. - \ No newline at end of file + + Passed the Senate July 18, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1694 + +_______________________________________________________________________ + + AN ACT + + To require any Federal agency that issues licenses to conduct lunar + activities to include in the requirements for such licenses an +agreement relating to the preservation and protection of the Apollo 11 + landing site, and for other purposes. From 6f2fedef20fdc6d0124c942fc5cb223893be8b43 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 837/984] Senate-1694: Enrolled --- bills_text/Senate-1694.txt | 316 +++++++++++++++++++------------------ 1 file changed, 159 insertions(+), 157 deletions(-) diff --git a/bills_text/Senate-1694.txt b/bills_text/Senate-1694.txt index ab16b70..d440bbd 100644 --- a/bills_text/Senate-1694.txt +++ b/bills_text/Senate-1694.txt @@ -1,173 +1,175 @@ -116th CONGRESS - 1st Session - S. 1694 + S.1694 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To require any Federal agency that issues licenses to conduct lunar - activities to include in the requirements for such licenses an -agreement relating to the preservation and protection of the Apollo 11 - landing site, and for other purposes. + To require the National Aeronautics and Space Administration to add + recommendations and inform other relevant agencies of information + relating to the principle of due regard and the limitation of harmful +interference with Apollo landing site artifacts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``One Small Step to Protect Human Heritage in Space Act''. - SEC. 2. FINDINGS; SENSE OF CONGRESS. - (a) Findings.--Congress makes the following findings: - (1) On July 16, 1969, the Apollo 11 spacecraft launched - from the John F. Kennedy Space Center carrying Neil A. - Armstrong, Edwin E. ``Buzz'' Aldrin, Jr., and Michael Collins. - (2) July 20, 2019, will mark the 50th anniversary of the - date on which the Apollo 11 spacecraft landed on the Moon and - Neil Armstrong and Buzz Aldrin became the first humans to set - foot on a celestial body off the Earth. - (3) The landing of the Apollo 11 spacecraft and humanity's - first off-world footprints are achievements unparalleled in - history, a direct product of the work and perseverance of the - more than 400,000 individuals who contributed to the - development of the Apollo missions on the shoulders of - centuries of science and engineering pioneers from all corners - of the world. - (4) Among the thousands of individuals who have contributed - to the achievements of the National Aeronautics and Space - Administration (in this section referred to as ``NASA'') are - African-American women such as Katherine Johnson, Dorothy - Vaughn, Mary Jackson, and Dr. Christine Darden, who made - critical contributions to NASA space programs. Katherine - Johnson worked at NASA for 35 years and calculated the - trajectory of the Apollo 11 landing and the trajectories for - the spaceflights of astronauts Alan Shepard and John Glenn. - Katherine Johnson, together with many other individuals the - work of whom often went unacknowledged, helped broaden the - scope of space travel and charted new frontiers for humanity's - exploration of space. - (5) The landing of the Apollo 11 spacecraft was made on - behalf of all humankind, and Neil Armstrong and Buzz Aldrin - were accompanied by messages of peace from the leaders of more - than 70 countries. - (6) The lunar landing sites of the Apollo 11 spacecraft, - the robotic spacecraft that preceded the Apollo 11 mission, and - the crewed and robotic spacecraft that followed, are of - outstanding universal value to humanity. - (7) Such landing sites-- - (A) are the first archaeological sites with human - activity that are not on Earth; - (B) provide evidence of the first achievements of - humankind in the realm of space travel and exploration; - and - (C) contain artifacts and other evidence of human - exploration activities that remain a potential source - of cultural, historical, archaeological, - anthropological, scientific, and engineering knowledge. - (8) On July 20, 2011, NASA published the voluntary guidance - entitled ``NASA's Recommendations to Space-Faring Entities: How - to Protect and Preserve the Historic and Scientific Value of - U.S. Government Lunar Artifacts''. - (9) In March 2018, the Office of Science and Technology - Policy published a report entitled ``Protecting & Preserving - Apollo Program Lunar Landing Sites & Artifacts''. - (10) Space-faring entities based outside the United States - have the capacity to land on the Moon. - (11) The licensing requirements under this Act are - applicable only to United States-based lunar activities and - therefore have limited efficacy for protecting the Apollo 11 - landing site, other similar historic sites, and lunar artifacts - from disturbances caused by space-faring entities based outside - the United States. + (1) On July 16, 1969, the Apollo 11 spacecraft launched from + the John F. Kennedy Space Center carrying Neil A. Armstrong, Edwin + E. ``Buzz'' Aldrin, Jr., and Michael Collins. + (2) July 20, 2019, marked the 50th anniversary of the date on + which the Apollo 11 spacecraft landed on the Moon and Neil + Armstrong and Buzz Aldrin became the first humans to set foot on a + celestial body off the Earth. + (3) The landing of the Apollo 11 spacecraft and humanity's + first off-world footprints are achievements unparalleled in + history, a direct product of the work and perseverance of the more + than 400,000 individuals who contributed to the development of the + Apollo missions on the shoulders of centuries of science and + engineering pioneers from all corners of the world. + (4) Among the thousands of individuals who have contributed to + the achievements of the National Aeronautics and Space + Administration (in this section referred to as ``NASA'') are + African-American women such as Katherine Johnson, Dorothy Vaughn, + Mary Jackson, and Dr. Christine Darden, who made critical + contributions to NASA space programs. Katherine Johnson worked at + NASA for 35 years and calculated the trajectory of the Apollo 11 + landing and the trajectories for the spaceflights of astronauts + Alan Shepard and John Glenn. Katherine Johnson, together with many + other individuals the work of whom often went unacknowledged, + helped broaden the scope of space travel and charted new frontiers + for humanity's exploration of space. + (5) The landing of the Apollo 11 spacecraft was made on behalf + of all humankind, and Neil Armstrong and Buzz Aldrin were + accompanied by messages of peace from the leaders of more than 70 + countries. + (6) The lunar landing sites of the Apollo 11 spacecraft, the + robotic spacecraft that preceded the Apollo 11 mission, and the + crewed and robotic spacecraft that followed, are of outstanding + universal value to humanity. + (7) Such landing sites-- + (A) are the first archaeological sites with human activity + that are not on Earth; + (B) provide evidence of the first achievements of humankind + in the realm of space travel and exploration; and + (C) contain artifacts and other evidence of human + exploration activities that remain a potential source of + cultural, historical, archaeological, anthropological, + scientific, and engineering knowledge. + (8) On July 20, 2011, NASA published the voluntary guidance + entitled ``NASA's Recommendations to Space-Faring Entities: How to + Protect and Preserve the Historic and Scientific Value of U.S. + Government Lunar Artifacts''. + (9) In March 2018, the Office of Science and Technology Policy + published a report entitled ``Protecting & Preserving Apollo + Program Lunar Landing Sites & Artifacts''. + (10) Article one of the ``Treaty on Principles Governing the + Activities of States in the Exploration and Use of Outer Space, + including the Moon and Other Celestial Bodies,'' commonly known as + the ``Outer Space Treaty,'' states ``[o]uter space, including the + moon and other celestial bodies, shall be free for exploration and + use by all States without discrimination of any kind, on a basis of + equality and in accordance with international law, and there shall + be free access to all areas of celestial bodies.'' + (11) Article eight of the Outer Space Treaty states, ``[a] + State Party to the Treaty on whose registry an object launched into + outer space is carried shall retain jurisdiction and control over + such object, and over any personnel thereof, while in outer space + or on a celestial body. Ownership of objects launched into outer + space, including objects landed or constructed on a celestial body, + and of their component parts, is not affected by their presence in + outer space or on a celestial body or by their return to the + Earth.'' + (12) Article nine of the Outer Space Treaty states, ``[i]n the + exploration and use of outer space, including the moon and other + celestial bodies, States Parties to the Treaty shall be guided by + the principle of co-operation and mutual assistance and shall + conduct all their activities in outer space, including the moon and + other celestial bodies, with due regard to the corresponding + interests of all other States Parties to the Treaty,'' and + continues, ``[i]f a State Party to the Treaty has reason to believe + that an activity or experiment planned by it or its nationals in + outer space, including the moon and other celestial bodies, would + cause potentially harmful interference with activities of other + States Parties in the peaceful exploration and use of outer space, + including the moon and other celestial bodies, it shall undertake + appropriate international consultations before proceeding with any + such activity or experiment. A State Party to the Treaty which has + reason to believe that an activity or experiment planned by another + State Party in outer space, including the moon and other celestial + bodies, would cause potentially harmful interference with + activities in the peaceful exploration and use of outer space, + including the moon and other celestial bodies, may request + consultation concerning the activity or experiment.''. (b) Sense of Congress.--It is the sense of Congress that-- - (1) as commercial enterprises and more countries acquire - the ability to land on the Moon, it is necessary to ensure the - recognition and protection of the Apollo 11 landing site and - other historic landing sites in acknowledgment of the human - effort and innovation the sites represent; - (2) the Apollo 11 landing site, other similar historic - landing sites, lunar artifacts, and the environment surrounding - such sites and artifacts merit legal protection from - disturbance to prevent irremediable loss of sites and artifacts - that are of archeological, anthropological, historical, - scientific, and engineering significance and value; and - (3) the President should work with other countries to - develop best practices to ensure the protection of historic - lunar landing sites and artifacts. - -SEC. 3. LICENSING REQUIREMENTS CONCERNING PRESERVATION OF HISTORIC - LUNAR LANDING SITES. - - (a) In General.--Not later than 90 days after the date of the -enactment of this Act, any Federal agency that issues a license to -conduct a lunar activity shall require each applicant for such a -license-- - (1) to agree to abide by the recommendations described in - subsection (b); or - (2) in the case of a lunar activity that requires a license - from more than one Federal agency, to certify under penalty of - perjury as provided in paragraph (1) or (2), as applicable, of - section 1746 of title 28, United States Code, that the - applicant has submitted an application for a license for such - activity to another Federal agency that satisfies paragraph - (1). + (1) as commercial enterprises and more countries acquire the + ability to land on the Moon, it is necessary to encourage the + development of best practices to respect the principle of due + regard and to limit harmful interference to the Apollo landing site + artifacts in acknowledgment of the human effort and innovation they + represent, as well as their archaeological, anthropological, + historical, scientific, and engineering significance and value; and + (2) the Administrator of the National Aeronautics and Space + Administration should continue to develop best practices to respect + the principle of due regard and limit harmful interference with + historic Apollo lunar landing site artifacts. +SEC. 3. BEST PRACTICES RELATED TO APOLLO HISTORIC LUNAR LANDING SITE +ARTIFACTS. + (a) In General.--The Administrator of the National Aeronautics and +Space Administration shall-- + (1) add the recommendations in subsection (b) as a condition or + requirement to contracts, grants, agreements, partnerships or other + arrangements pertaining to lunar activities carried out by, for, or + in partnership with the National Aeronautics and Space + Administration; + (2) inform other relevant Federal agencies of the + recommendations described in subsection (b); and + (3) encourage the use of best practices, consistent with the + recommendations in subsection (b), by other relevant Federal + agencies. (b) Recommendations Described.--The recommendations described in this subsection are-- - (1) ``NASA's Recommendations to Space-Faring Entities: How - to Protect and Preserve the Historic and Scientific Value of - U.S. Government Lunar Artifacts'' issued by the National - Aeronautics and Space Administration on July 20, 2011, and - updated on October 28, 2011; and - (2) any successor heritage preservation recommendations, - guidelines, or principles relating to the protection and - preservation of Government lunar artifacts issued by the - National Aeronautics and Space Administration. - (c) Exemptions.--A Federal agency issuing a license described in -subsection (a) may, in consultation with the Administrator of the -National Aeronautics and Space Administration, exempt specific lunar -activities of an applicant from the historic preservation agreement or -certification under subsection (a) if such bona fide activities are -determined to have legitimate and significant historical, -archeological, anthropological, scientific, or engineering value. - (d) Authority to Assess Penalty Fees.-- - (1) In general.--A Federal agency issuing a license - described in subsection (a) may assess a penalty fee on the - holder of such license for conduct that violates one or more - terms of the license relating to the agreement under subsection - (a)(1). - (2) Amount.--The penalty fee amount assessed under - paragraph (1) shall be-- - (A) commensurate with the nature and extent of the - violation; and - (B) sufficient to deter future violations. - (e) Lunar Activity Defined.--In this section, the term ``lunar -activity'' means an action or endeavor in space that-- - (1) is intended to be lunar in nature, including lunar - orbit, landing, and impact; or - (2) has a greater likelihood than not of becoming lunar in - nature, including unintentional orbit and impact. - - Passed the Senate July 18, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 1694 - -_______________________________________________________________________ - - AN ACT - - To require any Federal agency that issues licenses to conduct lunar - activities to include in the requirements for such licenses an -agreement relating to the preservation and protection of the Apollo 11 - landing site, and for other purposes. + (1) ``NASA's Recommendations to Space-Faring Entities: How to + Protect and Preserve the Historic and Scientific Value of U.S. + Government Lunar Artifacts'' issued by the National Aeronautics and + Space Administration on July 20, 2011, and updated on October 28, + 2011; and + (2) any successor recommendations, guidelines, best practices, + or standards relating to the principle of due regard and the + limitation of harmful interference with Apollo landing site + artifacts issued by the National Aeronautics and Space + Administration. + (c) Exemption.--The Administrator may waive the conditions or +requirements from subsection (a)(1) as it applies to an individual +contract, grant, agreement, partnership or other arrangement pertaining +to lunar activities carried out by, for, or in partnership with the +National Aeronautics and Space Administration so long as-- + (1) such waiver is accompanied by a finding from the + Administrator that carrying out the obligation of subsection (a)(1) + would be unduly prohibitive to an activity or activities of + legitimate and significant historical, archaeological, + anthropological, scientific, or engineering value; and + (2) the finding in paragraph (1) is provided to the Committee + on Science, Space, and Technology of the House of Representatives + and the Committee on Commerce, Science, and Transportation of the + Senate not later than 30 days prior to the waiver taking effect. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From b2054a00ae0d0feee7dad3224ba7ebbd6661e59d Mon Sep 17 00:00:00 2001 From: "Sen. Sinema, Kyrsten [D-AZ]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 838/984] Senate-1749: Engrossed in Senate --- bills_text/Senate-1749.txt | 56 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 56 insertions(+) create mode 100644 bills_text/Senate-1749.txt diff --git a/bills_text/Senate-1749.txt b/bills_text/Senate-1749.txt new file mode 100644 index 0000000..ab2b62a --- /dev/null +++ b/bills_text/Senate-1749.txt @@ -0,0 +1,56 @@ +116th CONGRESS + 1st Session + S. 1749 + +_______________________________________________________________________ + + AN ACT + + + + To clarify seasoning requirements for certain refinanced mortgage + loans, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Protecting Affordable Mortgages for +Veterans Act of 2019''. + +SEC. 2. SEASONING REQUIREMENTS FOR CERTAIN REFINANCED MORTGAGE LOANS. + + (a) Ginnie Mae.--Section 306(g)(1) of the National Housing Act (12 +U.S.C. 1721(g)(1)) is amended by striking the second sentence. + (b) Veterans Loans.--Section 3709(c) of title 38, United States +Code, is amended-- + (1) in the matter before paragraph (1), by striking ``is + refinanced'' and inserting ``is a refinance''; and + (2) by striking paragraphs (1) and (2) and inserting the + following new paragraphs: + ``(1) the date on which the borrower has made at least six + consecutive monthly payments on the loan being refinanced; and + ``(2) the date that is 210 days after the first payment due + date of the loan being refinanced.''. + (c) Rule of Construction.--Nothing in this Act may be construed to +restrict or otherwise modify the authorities of the Government National +Mortgage Association. + + Passed the Senate June 5, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1749 + +_______________________________________________________________________ + + AN ACT + + To clarify seasoning requirements for certain refinanced mortgage + loans, and for other purposes. From 9391e5e512d720779771d3b4be3cb487392a49da Mon Sep 17 00:00:00 2001 From: "Sen. Sinema, Kyrsten [D-AZ]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 839/984] Senate-1749: Enrolled --- bills_text/Senate-1749.txt | 62 +++++++++++++++++--------------------- 1 file changed, 27 insertions(+), 35 deletions(-) diff --git a/bills_text/Senate-1749.txt b/bills_text/Senate-1749.txt index ab2b62a..12a33af 100644 --- a/bills_text/Senate-1749.txt +++ b/bills_text/Senate-1749.txt @@ -1,56 +1,48 @@ -116th CONGRESS - 1st Session - S. 1749 + S.1749 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To clarify seasoning requirements for certain refinanced mortgage - loans, and for other purposes. +To clarify seasoning requirements for certain refinanced mortgage loans, + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Protecting Affordable Mortgages for Veterans Act of 2019''. - SEC. 2. SEASONING REQUIREMENTS FOR CERTAIN REFINANCED MORTGAGE LOANS. - (a) Ginnie Mae.--Section 306(g)(1) of the National Housing Act (12 U.S.C. 1721(g)(1)) is amended by striking the second sentence. (b) Veterans Loans.--Section 3709(c) of title 38, United States Code, is amended-- - (1) in the matter before paragraph (1), by striking ``is - refinanced'' and inserting ``is a refinance''; and - (2) by striking paragraphs (1) and (2) and inserting the - following new paragraphs: - ``(1) the date on which the borrower has made at least six - consecutive monthly payments on the loan being refinanced; and - ``(2) the date that is 210 days after the first payment due - date of the loan being refinanced.''. + (1) in the matter before paragraph (1), by striking ``is + refinanced'' and inserting ``is a refinance''; and + (2) by striking paragraphs (1) and (2) and inserting the + following new paragraphs: + ``(1) the date on which the borrower has made at least six + consecutive monthly payments on the loan being refinanced; and + ``(2) the date that is 210 days after the first payment due + date of the loan being refinanced.''. (c) Rule of Construction.--Nothing in this Act may be construed to restrict or otherwise modify the authorities of the Government National Mortgage Association. - Passed the Senate June 5, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 1749 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To clarify seasoning requirements for certain refinanced mortgage - loans, and for other purposes. + Vice President of the United States and + President of the Senate. From 1c70a14223a2df92d9d31c9d07524c887a63af94 Mon Sep 17 00:00:00 2001 From: "Sen. Inhofe, James M. [R-OK]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 840/984] Senate-1790: Engrossed in Senate --- bills_text/Senate-1790.txt | 46711 +++++++++++++++++++++++++++++++++++ 1 file changed, 46711 insertions(+) create mode 100644 bills_text/Senate-1790.txt diff --git a/bills_text/Senate-1790.txt b/bills_text/Senate-1790.txt new file mode 100644 index 0000000..c26ce3e --- /dev/null +++ b/bills_text/Senate-1790.txt @@ -0,0 +1,46711 @@ +116th CONGRESS + 1st Session + S. 1790 + +_______________________________________________________________________ + + AN ACT + + + + 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. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Defense Authorization Act +for Fiscal Year 2020''. + +SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. + + (a) Divisions.--This Act is organized into seven divisions as +follows: + (1) Division A--Department of Defense Authorizations. + (2) Division B--Military Construction Authorizations. + (3) Division C--Department of Energy National Security + Authorizations and Other Authorizations. + (4) Division D--Funding Tables. + (5) Division E--Additional Provisions. + (6) Division F--Intelligence Authorizations for Fiscal Year + 2020. + (7) Division G--Intelligence Authorizations for Fiscal Year + 2018 and 2019. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title. +Sec. 2. Organization of Act into divisions; table of contents. +Sec. 3. Congressional defense committees. +Sec. 4. Budgetary effects of this Act. + DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS + + TITLE I--PROCUREMENT + + Subtitle A--Authorization of Appropriations + +Sec. 101. Authorization of appropriations. + Subtitle B--Army Programs + +Sec. 111. Sense of Senate on Army's approach to Capability Drops 1 and + 2 of the Distributed Common Ground System- + Army program. +Sec. 112. Authority of the Secretary of the Army to waive certain + limitations related to the Distributed + Common Ground System-Army Increment 1. + Subtitle C--Navy Programs + +Sec. 121. Modification of prohibition on availability of funds for Navy + waterborne security barriers. +Sec. 122. Capabilities based assessment for naval vessels that carry + fixed-wing aircraft. +Sec. 123. Ford-class aircraft carrier cost limitation baselines. +Sec. 124. Design and construction of amphibious transport dock + designated LPD-31. +Sec. 125. LHA Replacement Amphibious Assault Ship Program. +Sec. 126. Limitation on availability of funds for the Littoral Combat + Ship. +Sec. 127. Limitation on the next new class of Navy large surface + combatants. +Sec. 128. Refueling and complex overhauls of the U.S.S. John C. Stennis + and U.S.S. Harry S. Truman. +Sec. 129. Report on carrier wing composition. + Subtitle D--Air Force Programs + +Sec. 141. Requirement to align Air Force fighter force structure with + National Defense Strategy and reports. +Sec. 142. Requirement to establish the use of an Agile DevOps software + development solution as an alternative for + Joint Strike Fighter Autonomic Logistics + Information System. +Sec. 143. Report on feasibility of multiyear contract for procurement + of JASSM-ER missiles. +Sec. 144. Air Force aggressor squadron modernization. +Sec. 145. Air Force plan for Combat Rescue Helicopter fielding. +Sec. 146. Military type certification for AT-6 and A-29 light attack + experimentation aircraft. + Subtitle E--Defense-wide, Joint, and Multiservice Matters + +Sec. 151. Limitation on availability of funds for communications + systems lacking certain resiliency + features. +Sec. 152. F-35 sustainment cost. +Sec. 153. Economic order quantity contracting authority for F-35 Joint + Strike Fighter program. +Sec. 154. Repeal of tactical unmanned vehicle common data link + requirement. + TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + + Subtitle A--Authorization of Appropriations + +Sec. 201. Authorization of appropriations. + Subtitle B--Program Requirements, Restrictions, and Limitations + +Sec. 211. Development and acquisition strategy to procure secure, low + probability of detection data link network + capability. +Sec. 212. Establishment of secure next-generation wireless network (5G) + infrastructure for the Nevada Test and + Training Range and base infrastructure. +Sec. 213. Limitation and report on Indirect Fire Protection Capability + Increment 2 enduring capability. +Sec. 214. Electromagnetic spectrum sharing research and development + program. +Sec. 215. Sense of the Senate on the Advanced Battle Management System. +Sec. 216. Modification of proof of concept commercialization program. +Sec. 217. Modification of Defense quantum information science and + technology research and development + program. +Sec. 218. Technology and National Security Fellowship. +Sec. 219. Direct Air Capture and Blue Carbon Removal Technology + Program. + Subtitle C--Reports and Other Matters + +Sec. 231. National security emerging biotechnologies research and + development program. +Sec. 232. Cyber science and technology activities roadmap and reports. +Sec. 233. Requiring certain microelectronics products and services meet + trusted supply chain and operational + security standards. +Sec. 234. Technical correction to Global Research Watch Program. +Sec. 235. Additional technology areas for expedited access to technical + talent. +Sec. 236. Sense of the Senate and periodic briefings on the security + and availability of fifth-generation (5G) + wireless network technology and production. +Sec. 237. Transfer of Combating Terrorism Technical Support Office. +Sec. 238. Briefing on cooperative defense technology programs and risks + of technology transfer to China or Russia. +Sec. 239. Modification of authority for prizes for advanced technology + achievements. +Sec. 240. Use of funds for Strategic Environmental Research Program, + Environmental Security Technical + Certification Program, and Operational + Energy Capability Improvement. +Sec. 241. Funding for the Sea-Launched Cruise Missile-Nuclear analysis + of alternatives. +Sec. 242. Review and assessment pertaining to transition of Department + of Defense-originated dual-use technology. + TITLE III--OPERATION AND MAINTENANCE + + Subtitle A--Authorization of Appropriations + +Sec. 301. Authorization of appropriations. + Subtitle B--Energy and Environment + +Sec. 311. Use of operational energy cost savings of Department of + Defense. +Sec. 312. Use of proceeds from sales of electrical energy generated + from geothermal resources. +Sec. 313. Energy resilience programs and activities. +Sec. 314. Native American Indian lands environmental mitigation + program. +Sec. 315. Reimbursement of Environmental Protection Agency for certain + costs in connection with the Twin Cities + Army Ammunition Plant, Minnesota. +Sec. 316. Prohibition on use of perfluoroalkyl substances and + polyfluoroalkyl substances for land-based + applications of firefighting foam. +Sec. 317. Transfer authority for funding of study and assessment on + health implications of per- and + polyfluoroalkyl substances contamination in + drinking water by Agency for Toxic + Substances and Disease Registry. +Sec. 318. Cooperative agreements with States to address contamination + by perfluoroalkyl and polyfluoroalkyl + substances. +Sec. 319. Modification of Department of Defense environmental + restoration authorities to include Federal + Government facilities used by National + Guard. +Sec. 320. Budgeting of Department of Defense relating to extreme + weather. +Sec. 321. Pilot program for availability of working-capital funds for + increased combat capability through energy + optimization. +Sec. 322. Report on efforts to reduce high energy intensity at military + installations. +Sec. 323. Technical and grammatical corrections and repeal of obsolete + provisions relating to energy. + Subtitle C--Logistics and Sustainment + +Sec. 331. Requirement for memoranda of understanding between the Air + Force and the Navy regarding depot + maintenance. +Sec. 332. Modification to limitation on length of overseas forward + deployment of naval vessels. + Subtitle D--Reports + +Sec. 341. Report on modernization of Joint Pacific Alaska Range + Complex. + Subtitle E--Other Matters + +Sec. 351. Strategy to improve infrastructure of certain depots of the + Department of Defense. +Sec. 352. Limitation on use of funds regarding the basing of KC-46A + aircraft outside the continental United + States. +Sec. 353. Prevention of encroachment on military training routes and + military operations areas. +Sec. 354. Expansion and enhancement of authorities on transfer and + adoption of military animals. +Sec. 355. Limitation on contracting relating to Defense Personal + Property Program. +Sec. 356. Prohibition on subjective upgrades by commanders of unit + ratings in monthly readiness reporting on + military units. +Sec. 357. Extension of temporary installation reutilization authority + for arsenals, depots, and plants. +Sec. 358. Clarification of food ingredient requirements for food or + beverages provided by the Department of + Defense. +Sec. 359. Technical correction to deadline for transition to Defense + Readiness Reporting System Strategic. + TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS + + Subtitle A--Active Forces + +Sec. 401. End strengths for active forces. + Subtitle B--Reserve Forces + +Sec. 411. End strengths for Selected Reserve. +Sec. 412. End strengths for Reserves on active duty in support of the + reserves. +Sec. 413. End strengths for military technicians (dual status). +Sec. 414. Maximum number of reserve personnel authorized to be on + active duty for operational support. +Sec. 415. Authorized strengths for Marine Corps Reserves on active + duty. + Subtitle C--Authorization of Appropriations + +Sec. 421. Military personnel. + TITLE V--MILITARY PERSONNEL POLICY + + Subtitle A--Officer Personnel Policy + +Sec. 501. Repeal of codified specification of authorized strengths of + certain commissioned officers on active + duty. +Sec. 502. Maker of original appointments in a regular or reserve + component of commissioned officers + previously subject to original appointment + in other type of component. +Sec. 503. Furnishing of adverse information on officers to promotion + selection boards. +Sec. 504. Limitation on number of officers recommendable for promotion + by promotion selection boards. +Sec. 505. Expansion of authority for continuation on active duty of + officers in certain military specialties + and career tracks. +Sec. 506. Higher grade in retirement for officers following reopening + of determination or certification of + retired grade. +Sec. 507. Availability on the Internet of certain information about + officers serving in general or flag officer + grades. + Subtitle B--Reserve Component Management + +Sec. 511. Repeal of requirement for review of certain Army Reserve + officer unit vacancy promotions by + commanders of associated active duty units. + Subtitle C--General Service Authorities + +Sec. 515. Modification of authorities on management of deployments of + members of the Armed Forces and related + unit operating and personnel tempo matters. +Sec. 516. Repeal of requirement that parental leave be taken in one + increment. +Sec. 517. Digital engineering as a core competency of the Armed Forces. +Sec. 518. Modification of notification on manning of afloat naval + forces. +Sec. 519. Report on expansion of the Close Airman Support team approach + of the Air Force to the other Armed Forces. + Subtitle D--Military Justice and Related Matters + +PART I--Matters Relating to Investigation, Prosecution, and Defense of + Sexual Assault Generally + +Sec. 521. Department of Defense-wide policy and military department- + specific programs on reinvigoration of the + prevention of sexual assault involving + members of the Armed Forces. +Sec. 522. Enactment and expansion of policy on withholding of initial + disposition authority for certain offenses + under the Uniform Code of Military Justice. +Sec. 523. Training for Sexual Assault Initial Disposition Authorities + on exercise of disposition authority for + sexual assault and collateral offenses. +Sec. 524. Expansion of responsibilities of commanders for victims of + sexual assault committed by another member + of the Armed Forces. +Sec. 525. Training for commanders in the Armed Forces on their role in + all stages of military justice in + connection with sexual assault. +Sec. 526. Notice to victims of alleged sexual assault of pendency of + further administrative action following a + determination not to refer to trial by + court-martial. +Sec. 527. Safe to report policy applicable across the Armed Forces. +Sec. 528. Report on expansion of Air Force safe to report policy across + the Armed Forces. +Sec. 529. Proposal for separate punitive article in the Uniform Code of + Military Justice on sexual harassment. +Sec. 530. Treatment of information in Catch a Serial Offender Program + for certain purposes. +Sec. 531. Report on preservation of recourse to restricted report on + sexual assault for victims of sexual + assault following certain victim or third- + party communications. +Sec. 532. Authority for return of personal property to victims of + sexual assault who file a Restricted Report + before conclusion of related proceedings. +Sec. 533. Extension of Defense Advisory Committee on Investigation, + Prosecution, and Defense of Sexual Assault + in the Armed Forces. +Sec. 534. Defense Advisory Committee for the Prevention of Sexual + Misconduct. +Sec. 535. Independent reviews and assessments on race and ethnicity in + the investigation, prosecution, and defense + of sexual assault in the Armed Forces. +Sec. 536. Report on mechanisms to enhance the integration and + synchronization of activities of Special + Victim Investigation and Prosecution + personnel with activities of military + criminal investigative organizations. +Sec. 537. Comptroller General of the United States report on + implementation by the Armed Forces of + recent statutory requirements on sexual + assault prevention and response in the + military. + PART II--Special Victims' Counsel Matters + +Sec. 541. Legal assistance by Special Victims' Counsel for victims of + alleged domestic violence offenses. +Sec. 542. Other Special Victims' Counsel matters. +Sec. 543. Availability of Special Victims' Counsel at military + installations. +Sec. 544. Training for Special Victims' Counsel on civilian criminal + justice matters in the States of the + military installations to which assigned. + PART III--Boards for Correction of Military Records and Discharge + Review Board Matters + +Sec. 546. Repeal of 15-year statute of limitations on motions or + requests for review of discharge or + dismissal from the Armed Forces. +Sec. 547. Reduction in required number of members of discharge review + boards. +Sec. 548. Enhancement of personnel on boards for the correction of + military records and discharge review + boards. +Sec. 549. Inclusion of intimate partner violence and spousal abuse + among supporting rationales for certain + claims for corrections of military records + and discharge review. +Sec. 550. Advice and counsel of trauma experts in review by boards for + correction of military records and + discharge review boards of certain claims. +Sec. 551. Training of members of boards for correction of military + records and discharge review boards on + sexual trauma, intimate partner violence, + spousal abuse, and related matters. +Sec. 552. Limitations and requirements in connection with separations + for members of the Armed Forces who suffer + from mental health conditions in connection + with a sex-related, intimate partner + violence-related, or spousal-abuse offense. +Sec. 553. Liberal consideration of evidence in certain claims by boards + for the correction of military records and + discharge review boards. + PART IV--Other Military Justice Matters + +Sec. 555. Expansion of pre-referral matters reviewable by military + judges and military magistrates in the + interest of efficiency in military justice. +Sec. 556. Policies and procedures on registration at military + installations of civilian protective orders + applicable to members of the Armed Forces + assigned to such installations and certain + other individuals. +Sec. 557. Increase in number of digital forensic examiners for the + military criminal investigative + organizations. +Sec. 558. Survey of members of the Armed Forces on their experiences + with military investigations and military + justice. +Sec. 559. Public access to dockets, filings, and court records of + courts-martial or other records of trial of + the military justice system. +Sec. 560. Pilot programs on defense investigators in the military + justice system. +Sec. 561. Report on military justice system involving alternative + authority for determining whether to prefer + or refer changes for felony offenses under + the Uniform Code of Military Justice. +Sec. 562. Report on standardization among the military departments in + collection and presentation of information + on matters within the military justice + system. +Sec. 563. Report on establishment of guardian ad litem program for + certain military dependents who are a + victim or witness of offenses under the + Uniform Code of Military Justice involving + abuse or exploitation. + Subtitle E--Member Education, Training, Transition, and Resilience + +Sec. 566. Consecutive service of service obligation in connection with + payment of tuition for off-duty training or + education for commissioned officers of the + Armed Forces with any other service + obligations. +Sec. 567. Authority for detail of certain enlisted members of the Armed + Forces as students at law schools. +Sec. 568. Connections of members retiring or separating from the Armed + Forces with community-based organizations + and related entities. +Subtitle F--Defense Dependents' Education and Military Family Readiness + Matters + + PART I--Defense Dependents' Education Matters + +Sec. 571. Continuation of authority to assist local educational + agencies that benefit dependents of members + of the Armed Forces and Department of + Defense civilian employees. +Sec. 572. Impact aid for children with severe disabilities. +Sec. 573. Ri'katak Guest Student Program at United States Army + Garrison-Kwajalein Atoll. + PART II--Military Family Readiness Matters + +Sec. 576. Two-year extension of authority for reimbursement for State + licensure and certification costs of + spouses of members of the Armed Forces + arising from relocation to another State. +Sec. 577. Improvement of occupational license portability for military + spouses through interstate compacts. +Sec. 578. Modification of responsibility of the Office of Special Needs + for individualized service plans for + members of military families with special + needs. +Sec. 579. Clarifying technical amendment on direct hire authority for + the Department of Defense for childcare + services providers for Department child + development centers. +Sec. 580. Pilot program on information sharing between Department of + Defense and designated relatives and + friends of members of the Armed Forces + regarding the experiences and challenges of + military service. +Sec. 581. Briefing on use of Family Advocacy Programs to address + domestic violence. + Subtitle G--Decorations and Awards + +Sec. 585. Authorization for award of the Medal of Honor to John J. + Duffy for acts of valor in Vietnam. +Sec. 586. Standardization of honorable service requirement for award of + military decorations. +Sec. 587. Authority to award or present a decoration not previously + recommended in a timely fashion following a + review requested by Congress. +Sec. 588. Authority to make posthumous and honorary promotions and + appointments following a review requested + by Congress. + Subtitle H--Other Matters + +Sec. 591. Military funeral honors matters. +Sec. 592. Inclusion of homeschooled students in Junior Reserve + Officers' Training Corps units. +Sec. 593. Sense of Senate on the Junior Reserve Officers' Training + Corps. + TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS + + Subtitle A--Pay and Allowances + +Sec. 601. Expansion of eligibility for exceptional transitional + compensation for dependents to dependents + of current members. + Subtitle B--Bonuses and Special and Incentive Pays + +Sec. 611. One-year extension of certain expiring bonus and special pay + authorities. + Subtitle C--Travel and Transportation Allowances + +Sec. 621. Extension of pilot program on a Government lodging program. +Sec. 622. Reinvestment of travel refunds by the Department of Defense. + Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits + +Sec. 631. Contributions to Department of Defense Military Retirement + Fund based on pay costs per Armed Force + rather than on Armed Forces-wide basis. +Sec. 632. Modification of authorities on eligibility for and + replacement of gold star lapel buttons. + Subtitle E--Commissary and Non-Appropriated Fund Instrumentality + Benefits and Operations + +Sec. 641. Defense resale system matters. +Sec. 642. Treatment of fees on services provided as supplemental funds + for commissary operations. +Sec. 643. Procurement by commissary stores of certain locally sourced + products. + TITLE VII--HEALTH CARE PROVISIONS + + Subtitle A--TRICARE and Other Health Care Benefits + +Sec. 701. Contraception coverage parity under the TRICARE program. +Sec. 702. TRICARE payment options for retirees and their dependents. +Sec. 703. Lead level screening and testing for children. +Sec. 704. Provision of blood testing for firefighters of Department of + Defense to determine exposure to + perfluoroalkyl and polyfluoroalkyl + substances. + Subtitle B--Health Care Administration + +Sec. 711. Modification of organization of military health system. +Sec. 712. Support by military health system of medical requirements of + combatant commands. +Sec. 713. Tours of duty of commanders or directors of military + treatment facilities. +Sec. 714. Expansion of strategy to improve acquisition of managed care + support contracts under TRICARE program. +Sec. 715. Establishment of regional medical hubs to support combatant + commands. +Sec. 716. Monitoring of adverse event data on dietary supplement use by + members of the Armed Forces. +Sec. 717. Enhancement of recordkeeping with respect to exposure by + members of the Armed Forces to certain + occupational and environmental hazards + while deployed overseas. + Subtitle C--Reports and Other Matters + +Sec. 721. Extension and clarification of authority for Joint Department + of Defense-Department of Veterans Affairs + Medical Facility Demonstration Fund. +Sec. 722. Appointment of non-ex officio members of the Henry M. Jackson + Foundation for the Advancement of Military + Medicine. +Sec. 723. Officers authorized to command Army dental units. +Sec. 724. Establishment of Academic Health System in National Capital + Region. +Sec. 725. Provision of veterinary services by veterinary professionals + of the Department of Defense in + emergencies. +Sec. 726. Five-year extension of authority to continue the DOD-VA + Health Care Sharing Incentive Fund. +Sec. 727. Pilot Program on civilian and military partnerships to + enhance interoperability and medical surge + capability and capacity of National + Disaster Medical System. +Sec. 728. Modification of requirements for longitudinal medical study + on blast pressure exposure of members of + the Armed Forces. + TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + MATTERS + + Subtitle A--Contracting and Acquisition Provisions + +Sec. 801. Pilot program on intellectual property evaluation for + acquisition programs. +Sec. 802. Pilot program to use alpha contracting teams for complex + requirements. +Sec. 803. Modification of written approval requirement for task and + delivery order single contract awards. +Sec. 804. Extension of authority to acquire products and services + produced in countries along a major route + of supply to Afghanistan. +Sec. 805. Modification of Director of Operational Test and Evaluation + report. +Sec. 806. Department of Defense use of fixed-price contracts. +Sec. 807. Pilot program to accelerate contracting and pricing + processes. +Sec. 808. Pilot program to streamline decision-making processes for + weapon systems. +Sec. 809. Documentation of market research related to commercial item + determinations. +Sec. 810. Modification to small purchase threshold exception to + sourcing requirements for certain articles. + Subtitle B--Provisions Relating to Major Defense Acquisition Programs + +Sec. 821. Naval vessel certification required before Milestone B + approval. + Subtitle C--Industrial Base Matters + +Sec. 831. Modernization of acquisition processes to ensure integrity of + industrial base. +Sec. 832. Assessment of precision-guided missiles for reliance on + foreign-made microelectronic components. +Sec. 833. Mitigating risks related to foreign ownership, control, or + influence of Department of Defense + contractors or subcontractors. +Sec. 834. Extension and revisions to Never Contract With the Enemy. + Subtitle D--Small Business Matters + +Sec. 841. Reauthorization and improvement of Department of Defense + Mentor-Protege Program. +Sec. 842. Modification of justification and approval requirement for + certain Department of Defense contracts. + Subtitle E--Provisions Related to Software-Driven Capabilities + +Sec. 851. Improved management of information technology and cyberspace + investments. +Sec. 852. Special pathways for rapid acquisition of software + applications and upgrades. + Subtitle F--Other Matters + +Sec. 861. Notification of Navy procurement production disruptions. +Sec. 862. Modification to acquisition authority of the Commander of the + United States Cyber Command. +Sec. 863. Prohibition on operation or procurement of foreign-made + unmanned aircraft systems. +Sec. 864. Prohibition on contracting with persons that have business + operations with the Maduro regime. +Sec. 865. Comptroller General of the United States report on Department + of Defense efforts to combat human + trafficking through procurement practices. + TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT + + Subtitle A--Office of the Secretary of Defense and Related Matters + +901. Headquarters activities of the Department of Defense matters. +902. Responsibility of Under Secretary of Defense for Acquisition and + Sustainment for Procurement Technical + Assistance Cooperative Agreement Program. +903. Return to Chief Information Officer of the Department of Defense + of responsibility for business systems and + related matters. +904. Senior Military Advisor for Cyber Policy and Deputy Principal + Cyber Advisor. +905. Limitation on transfer of Strategic Capabilities Office. +Subtitle B--Organization and Management of Other Department of Defense + Offices and Elements + +911. Assistant Secretaries of the military departments for Energy, + Installations, and Environment. +912. Repeal of conditional designation of Explosive Ordnance Disposal + Corps as a basic branch of the Army. + Subtitle C--Other Matters + +921. Exclusion from limitations on personnel in the Office of the + Secretary of Defense and Department of + Defense headquarters of fellows appointed + under the John S. McCain Defense Fellows + Program. +922. Report on resources to implement the civilian casualty policy of + the Department of Defense. + TITLE X--GENERAL PROVISIONS + + Subtitle A--Financial Matters + +Sec. 1001. General transfer authority. +Sec. 1002. Modification of required elements of annual reports on + emergency and extraordinary expenses of the + Department of Defense. +Sec. 1003. Inclusion of military construction projects in annual + reports on unfunded priorities of the Armed + Forces and the combatant commands. +Sec. 1004. Prohibition on delegation of responsibility for submittal to + Congress of Out-Year Unconstrained Total + Munitions Requirements and Out-Year + Inventory numbers. +Sec. 1005. Element in annual reports on the Financial Improvement and + Audit Remediation Plan on activities with + respect to classified programs. +Sec. 1006. Modification of semiannual briefings on the consolidated + corrective action plan of the Department of + Defense for financial management + information. +Sec. 1007. Update of authorities and renaming of Department of Defense + Acquisition Workforce Development Fund. + Subtitle B--Counterdrug Activities + +Sec. 1011. Modification of authority to support a unified counterdrug + and counterterrorism campaign in Colombia. +Sec. 1012. Two-year extension of authority for joint task forces to + provide support to law enforcement agencies + conducting counter-terrorism activities. + Subtitle C--Naval Vessels and Shipyards + +Sec. 1016. Modification of authority to purchase vessels using funds in + National Defense Sealift Fund. +Sec. 1017. Senior Technical Authority for each naval vessel class. +Sec. 1018. Permanent authority for sustaining operational readiness of + Littoral Combat Ships on extended + deployment. + Subtitle D--Counterterrorism + +Sec. 1021. Extension of prohibition on use of funds for transfer or + release of individuals detained at United + States Naval Station, Guantanamo Bay, Cuba, + to the United States. +Sec. 1022. Extension of prohibition on use of funds to construct or + modify facilities in the United States to + house detainees transferred from United + States Naval Station, Guantanamo Bay, Cuba. +Sec. 1023. Extension of prohibition on use of funds for transfer or + release of individuals detained at United + States Naval Station, Guantanamo Bay, Cuba, + to certain countries. +Sec. 1024. Extension of prohibition on use of funds to close or + relinquish control of United States Naval + Station, Guantanamo Bay, Cuba. +Sec. 1025. Authority to transfer individuals detained at United States + Naval Station, Guantanamo Bay, Cuba, to the + United States temporarily for emergency or + critical medical treatment. +Sec. 1026. Chief Medical Officer at United States Naval Station, + Guantanamo Bay, Cuba. + Subtitle E--Miscellaneous Authorities and Limitations + +Sec. 1031. Clarification of authority of military commissions under + chapter 47A of title 10, United States + Code, to punish contempt. +Sec. 1032. Comprehensive Department of Defense policy on collective + self-defense. +Sec. 1033. Oversight of Department of Defense execute orders. +Sec. 1034. Prohibition on ownership or trading of stocks in certain + companies by Department of Defense officers + and employees. +Sec. 1035. Policy regarding the transition of data and applications to + the cloud. +Sec. 1036. Modernization of inspection authorities applicable to the + National Guard and extension of inspection + authority to the Chief of the National + Guard Bureau. +Sec. 1037. Enhancement of authorities on forfeiture of Federal benefits + by the National Guard. +Sec. 1038. Modernization of authorities on property and fiscal officers + of the National Guard. +Sec. 1039. Limitation on placement by the Under Secretary of Defense + for Personnel and Readiness of work with + federally funded research and development + centers. +Sec. 1040. Termination of requirement for Department of Defense + facility access clearances for joint + ventures composed of previously-cleared + entities. +Sec. 1041. Designation of Department of Defense Strategic Arctic Ports. +Sec. 1042. Extension of National Security Commission on Artificial + Intelligence. +Sec. 1043. Authority to transfer funds for Bien Hoa dioxin cleanup. +Sec. 1044. Limitation on use of funds to house children separated from + parents. +Sec. 1045. Use of funds for defense of the Armed Forces and United + States citizens against attack by foreign + hostile forces. + Subtitle F--Studies and Reports + +Sec. 1051. Modification of annual reporting requirements on defense + manpower. +Sec. 1052. Report on Department of Defense efforts to implement a force + planning process in support of + implementation of the 2018 National Defense + Strategy. +Sec. 1053. Extension of annual reports on civilian casualties in + connection with United States military + operations. +Sec. 1054. Report on joint force plan for implementation of strategies + of the Department of Defense for the + Arctic. +Sec. 1055. Report on use of Northern Tier bases in implementation of + Arctic strategy of the United States. +Sec. 1056. Report on the Department of Defense plan for mass-casualty + disaster response operations in the Arctic. +Sec. 1057. Annual reports on approval of employment or compensation of + retired general or flag officers by foreign + governments for Emoluments Clause purposes. +Sec. 1058. Transmittal to Congress of requests for assistance received + by the Department of Defense from other + departments. +Sec. 1059. Semiannual report on Consolidated Adjudication Facility of + the Defense Counterintelligence and + Security Agency. +Sec. 1060 Comptroller General of the United States report on post- + government employment of former Department + of Defense officials. +Subtitle G--Treatment of Contaminated Water Near Military Installations + +Sec. 1071. Short title. +Sec. 1072. Definitions. +Sec. 1073. Provision of water uncontaminated with perfluorooctanoic + acid (PFOA) and perfluorooctane sulfonate + (PFOS) for agricultural purposes. +Sec. 1074. Acquisition of real property by Air Force. +Sec. 1075. Remediation plan. + Subtitle H--Other Matters + +Sec. 1081. Revision to authorities relating to mail service for members + of the Armed Forces and Department of + Defense civilians overseas. +Sec. 1082. Access to and use of military post offices by United States + citizens employed overseas by the North + Atlantic Treaty Organization who perform + functions in support of military operations + of the Armed Forces. +Sec. 1083. Guarantee of residency for spouses of members of uniformed + services. +Sec. 1084. Extension of requirement for briefings on the national + biodefense strategy. +Sec. 1085. Extension of National Commission on Military Aviation + Safety. + TITLE XI--CIVILIAN PERSONNEL MATTERS + +Sec. 1101. Modification of temporary assignments of Department of + Defense employees to a private-sector + organization. +Sec. 1102. Modification of number of available appointments for certain + agencies under personnel management + authority to attract experts in science and + engineering. +Sec. 1103. One-year extension of temporary authority to grant + allowances, benefits, and gratuities to + civilian personnel on official duty in a + combat zone. +Sec. 1104. One-year extension of authority to waive annual limitation + on premium pay and aggregate limitation on + pay for Federal civilian employees working + overseas. +Sec. 1105. Reimbursement of Federal employees for Federal, State, and + local income taxes incurred during travel, + transportation, and relocation. + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS + + Subtitle A--Assistance and Training + +Sec. 1201. Extension of support of special operations for irregular + warfare. +Sec. 1202. Extension of authority for cross servicing agreements for + loan of personnel protection and personnel + survivability equipment in coalition + operations. +Sec. 1203. Two-year extension of program authority for Global Security + Contingency Fund. +Sec. 1204. Modification of reporting requirement for use of funds for + security cooperation programs and + activities. +Sec. 1205. Institutional legal capacity building initiative for foreign + defense forces. +Sec. 1206. Department of Defense support for stabilization activities + in national security interest of the United + States. + Subtitle B--Matters Relating to Afghanistan and Pakistan + +Sec. 1211. Extension of authority to transfer defense articles and + provide defense services to the military + and security forces of Afghanistan. +Sec. 1212. Afghanistan Security Forces Fund. +Sec. 1213. Extension of Commanders' Emergency Response Program. +Sec. 1214. Extension and modification of reimbursement of certain + coalition nations for support provided to + United States military operations. +Sec. 1215. Support for reconciliation activities led by the Government + of Afghanistan. +Sec. 1216. Sense of Senate on special immigrant visa program for Afghan + allies. + Subtitle C--Matters Relating to Syria, Iraq, and Iran + +Sec. 1221. Modification of authority to provide assistance to vetted + Syrian groups. +Sec. 1222. Extension of authority and limitation on use of funds to + provide assistance to counter the Islamic + State of Iraq and Syria. +Sec. 1223. Extension and modification of authority to support + operations and activities of the Office of + Security Cooperation in Iraq. +Sec. 1224. Coordinator of United States Government activities and + matters in connection with detainees who + are members of the Islamic State of Iraq + and Syria. +Sec. 1225. Report on lessons learned from efforts to liberate Mosul and + Raqqah from control of the Islamic State of + Iraq and Syria. + Subtitle D--Matters Relating to Europe and the Russian Federation + +Sec. 1231. Prohibition on availability of funds relating to sovereignty + of the Russian Federation over Crimea. +Sec. 1232. Prohibition on use of funds for withdrawal of Armed Forces + from Europe in the event of United States + withdrawal from the North Atlantic Treaty. +Sec. 1233. Extension of limitation on military cooperation between the + United States and the Russian Federation. +Sec. 1234. Modification and extension of Ukraine Security Assistance + Initiative. +Sec. 1235. Extension of authority for training for Eastern European + national security forces in the course of + multilateral exercises. +Sec. 1236. Limitation on transfer of F-35 aircraft to the Republic of + Turkey. +Sec. 1237. Modifications of briefing, notification, and reporting + requirements relating to non-compliance by + the Russian Federation with its obligations + under the INF Treaty. +Sec. 1238. Extension and modification of security assistance for Baltic + nations for joint program for + interoperability and deterrence against + aggression. +Sec. 1239. Report on North Atlantic Treaty Organization Readiness + Initiative. +Sec. 1240. Reports on contributions to the North Atlantic Treaty + Organization. +Sec. 1241. Future years plans for European Deterrence Initiative. +Sec. 1242. Modification of reporting requirements relating to the Open + Skies Treaty. +Sec. 1243. Report on nuclear weapons of the Russian Federation and + nuclear modernization of the People's + Republic of China. +Sec. 1244. Sense of Senate on the 70th anniversary of the North + Atlantic Treaty Organization. +Sec. 1245. Sense of Senate on United States force posture in Europe and + the Republic of Poland. +Sec. 1246. Sense of Senate on United States partnership with the + Republic of Georgia. + Subtitle E--Matters Relating to the Indo-Pacific Region + +Sec. 1251. Limitation on use of funds to reduce the total number of + members of the Armed Forces in the + territory of the Republic of Korea. +Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative. +Sec. 1253. Modification of annual report on military and security + developments involving the People's + Republic of China. +Sec. 1254. Report on resourcing United States defense requirements for + the Indo-Pacific region. +Sec. 1255. Report on distributed lay-down of United States forces in + the Indo-Pacific region. +Sec. 1256. Sense of Senate on the United States-Japan alliance and + defense cooperation. +Sec. 1257. Sense of Senate on enhancement of the United States-Taiwan + defense relationship. +Sec. 1258. Sense of Senate on United States-India defense relationship. +Sec. 1259. Sense of Senate on security commitments to the Governments + of Japan and the Republic of Korea and + trilateral cooperation among the United + States, Japan, and the Republic of Korea. +Sec. 1260. Sense of Senate on enhanced cooperation with Pacific Island + countries to establish open-source + intelligence fusion centers in the Indo- + Pacific region. +Sec. 1261. Sense of Senate on enhancing defense and security + cooperation with the Republic of Singapore. + Subtitle F--Reports + +Sec. 1271. Report on cost imposition strategy. + Subtitle G--Other Matters + +Sec. 1281. NATO Special Operations Headquarters. +Sec. 1282. Modifications of authorities relating to acquisition and + cross-servicing agreements. +Sec. 1283. Modification of authority for United States-Israel anti- + tunnel cooperation activities. +Sec. 1284. United States-Israel cooperation to counter unmanned aerial + systems. +Sec. 1285. Modification of initiative to support protection of national + security academic researchers from undue + influence and other security threats. +Sec. 1286. Independent assessment of human rights situation in + Honduras. +Sec. 1287. United States Central Command posture review. +Sec. 1288. Reports on expenses incurred for in-flight refueling of + Saudi coalition aircraft conducting + missions relating to civil war in Yemen. +Sec. 1289. Sense of Senate on security concerns with respect to leasing + arrangements for the Port of Haifa in + Israel. + TITLE XIII--COOPERATIVE THREAT REDUCTION + +Sec. 1301. Funding allocations for Department of Defense Cooperative + Threat Reduction Program. + TITLE XIV--OTHER AUTHORIZATIONS + + Subtitle A--Military Programs + +Sec. 1401. Working capital funds. +Sec. 1402. Chemical Agents and Munitions Destruction, Defense. +Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. +Sec. 1404. Defense Inspector General. +Sec. 1405. Defense Health Program. + Subtitle B--National Defense Stockpile + +Sec. 1411. Modification of prohibition on acquisition of sensitive + materials from non-allied foreign nations. + Subtitle C--Armed Forces Retirement Home + +Sec. 1421. Authorization of appropriations for Armed Forces Retirement + Home. +Sec. 1422. Expansion of eligibility for residence at the Armed Forces + Retirement Home. + Subtitle D--Other Matters + +Sec. 1431. Authority for transfer of funds to joint Department of + Defense-Department of Veterans Affairs + Medical Facility Demonstration Fund for + Captain James A. Lovell Health Care Center, + Illinois. + TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS + CONTINGENCY OPERATIONS + + Subtitle A--Authorization of Additional Appropriations + +Sec. 1501. Purpose. +Sec. 1502. Overseas contingency operations. +Sec. 1503. Procurement. +Sec. 1504. Research, development, test, and evaluation. +Sec. 1505. Operation and maintenance. +Sec. 1506. Military personnel. +Sec. 1507. Working capital funds. +Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. +Sec. 1509. Defense Inspector General. +Sec. 1510. Defense Health Program. + Subtitle B--Financial Matters + +Sec. 1521. Treatment as additional authorizations. +Sec. 1522. Special transfer authority. + TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + + Subtitle A--Space Activities + + PART I--United States Space Force + +Sec. 1601. Assistant Secretary of Defense for Space Policy. +Sec. 1602. Principal Assistant to the Secretary of the Air Force for + Space Acquisition and Integration. +Sec. 1603. Military space forces within the Air Force. +Sec. 1604. Redesignation of Air Force Space Command as United States + Space Force. +Sec. 1605. Assignment of personnel to the National Reconnaissance + Office for mission needs. +Sec. 1606. Report on establishment of position of Under Secretary of + the Air Force for Space. +Sec. 1607. Report on enhanced integration of capabilities of the + National Security Agency, the National + Geospatial-Intelligence Agency, and the + United States Space Command for joint + operations. +Sec. 1608. Limitation on availability of funds. + PART II--Other Space Matters + +Sec. 1611. Repeal of requirement to establish Space Command as a + subordinate unified command of the United + States Strategic Command. +Sec. 1612. Program to enhance and improve launch support and + infrastructure. +Sec. 1613. Modification of enhancement of positioning, navigation, and + timing capacity. +Sec. 1614. Modification of term of Commander of Air Force Space + Command. +Sec. 1615. Annual report on Space Command and Control program. +Sec. 1616. Requirements for phase 2 of acquisition strategy for + National Security Space Launch program. + Subtitle B--Defense Intelligence and Intelligence-related Activities + +Sec. 1621. Redesignation of Under Secretary of Defense for Intelligence + as Under Secretary of Defense for + Intelligence and Security. +Sec. 1622. Repeal of certain requirements relating to integration of + Department of Defense intelligence, + surveillance, and reconnaissance + capabilities. +Sec. 1623. Improving the onboarding methodology for certain + intelligence personnel. +Sec. 1624. Defense Counterintelligence and Security Agency activities + on facilitating access to local criminal + records historical data. + Subtitle C--Cyberspace-related Matters + +Sec. 1631. Reorientation of Big Data Platform program. +Sec. 1632. Zero-based review of Department of Defense cyber and + information technology personnel. +Sec. 1633. Study on improving cyber career paths in the Navy. +Sec. 1634. Framework to enhance cybersecurity of the United States + defense industrial base. +Sec. 1635. Role of Chief Information Officer in improving enterprise- + wide cybersecurity. +Sec. 1636. Quarterly assessments of the readiness of cyber forces. +Sec. 1637. Control and analysis of Department of Defense data stolen + through cyberspace. +Sec. 1638. Accreditation standards and processes for cybersecurity and + information technology products and + services. +Sec. 1639. Extension of authorities for Cyberspace Solarium Commission. +Sec. 1640. Modification of elements of assessment required for + termination of dual-hat arrangement for + Commander of the United States Cyber + Command. +Sec. 1641. Use of National Security Agency cybersecurity expertise to + support acquisition of commercial + cybersecurity products. +Sec. 1642. Study on future cyber warfighting capabilities of Department + of Defense. +Sec. 1643. Authority to use operation and maintenance funds for cyber + operations-peculiar capability development + projects. +Sec. 1644. Expansion of authority for access and information relating + to cyberattacks on Department of Defense + operationally critical contractors. +Sec. 1645. Briefing on memorandum of understanding relating to joint + operational planning and control of cyber + attacks of national scale. +Sec. 1646. Study to determine the optimal strategy for structuring and + manning elements of the Joint Force + Headquarters-Cyber organizations, Joint + Mission Operations Centers, and Cyber + Operations-Integrated Planning Elements. +Sec. 1647. Cyber governance structures and Principal Cyber Advisors on + military cyber force matters. +Sec. 1648. Designation of test networks for testing and accreditation + of cybersecurity products and services. +Sec. 1649. Consortia of universities to advise Secretary of Defense on + cybersecurity matters. + Subtitle D--Nuclear Forces + +Sec. 1661. Modification of authorities relating to nuclear command, + control, and communications system. +Sec. 1662. Expansion of officials required to conduct biennial + assessments of delivery platforms for + nuclear weapons and nuclear command and + control system. +Sec. 1663. Conforming amendment to Council on Oversight of the National + Leadership Command, Control, and + Communications System. +Sec. 1664. Prohibition on reduction of the intercontinental ballistic + missiles of the United States. +Sec. 1665. Briefing on long-range standoff weapon and sea-launched + cruise missile. +Sec. 1666. Sense of the Senate on industrial base for Ground-Based + Strategic Deterrent program. +Sec. 1667. Sense of the Senate on nuclear deterrence commitments of the + United States. + Subtitle E--Missile Defense Programs + +Sec. 1671. Iron Dome short-range rocket defense system and Israeli + cooperative missile defense program co- + development and co-production. +Sec. 1672. Expansion of national missile defense policy and program + redesignation. +Sec. 1673. Acceleration of the deployment of persistent space-based + sensor architecture. +Sec. 1674. Nonstandard acquisition processes of Missile Defense Agency. +Sec. 1675. Plan for the Redesigned Kill Vehicle. +Sec. 1676. Report on improving ground-based midcourse defense element + of ballistic missile defense system. +Sec. 1677. Sense of the Senate on recent Missile Defense Agency tests. +Sec. 1678. Sense of the Senate on missile defense technology + development priorities. +Sec. 1679. Publication of environmental impact statement prepared for + certain potential future missile defense + sites. + Subtitle F--Other Matters + +Sec. 1681. Matters relating to military operations in the information + environment. +Sec. 1682. Extension of authorization for protection of certain + facilities and assets from unmanned + aircraft. +Sec. 1683. Hard and deeply buried targets. + DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS + +Sec. 2001. Short title. +Sec. 2002. Expiration of authorizations and amounts required to be + specified by law. +Sec. 2003. Effective date. + TITLE XXI--ARMY MILITARY CONSTRUCTION + +Sec. 2101. Authorized Army construction and land acquisition projects. +Sec. 2102. Family housing. +Sec. 2103. Authorization of appropriations, Army. +Sec. 2104. Modification of authority to carry out certain fiscal year + 2019 project. + TITLE XXII--NAVY MILITARY CONSTRUCTION + +Sec. 2201. Authorized Navy construction and land acquisition projects. +Sec. 2202. Family housing. +Sec. 2203. Improvements to military family housing units. +Sec. 2204. Authorization of appropriations, Navy. + TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION + +Sec. 2301. Authorized Air Force construction and land acquisition + projects. +Sec. 2302. Family housing. +Sec. 2303. Improvements to military family housing units. +Sec. 2304. Authorization of appropriations, Air Force. +Sec. 2305. Modification of authority to carry out certain fiscal year + 2015 project. +Sec. 2306. Modification of authority to carry out certain fiscal year + 2016 project. +Sec. 2307. Modification of authority to carry out certain fiscal year + 2017 project. +Sec. 2308. Additional authority to carry out certain fiscal year 2018 + projects. +Sec. 2309. Modification of authority to carry out certain fiscal year + 2019 projects. + TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION + +Sec. 2401. Authorized Defense Agencies construction and land + acquisition projects. +Sec. 2402. Authorized Energy Resilience and Conservation Investment + Program projects. +Sec. 2403. Authorization of appropriations, Defense Agencies. + TITLE XXV--INTERNATIONAL PROGRAMS + + Subtitle A--North Atlantic Treaty Organization Security Investment + Program + +Sec. 2501. Authorized NATO construction and land acquisition projects. +Sec. 2502. Authorization of appropriations, NATO. + Subtitle B--Host Country In-Kind Contributions + +Sec. 2511. Republic of Korea funded construction projects. + TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES + +Sec. 2601. Authorized Army National Guard construction and land + acquisition projects. +Sec. 2602. Authorized Army Reserve construction and land acquisition + projects. +Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve + construction and land acquisition projects. +Sec. 2604. Authorized Air National Guard construction and land + acquisition projects. +Sec. 2605. Authorized Air Force Reserve construction and land + acquisition projects. +Sec. 2606. Authorization of appropriations, National Guard and Reserve. + TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES + +Sec. 2701. Authorization of appropriations for base realignment and + closure activities funded through + Department of Defense Base Closure Account. +Sec. 2702. Prohibition on conducting additional base realignment and + closure (BRAC) round. + TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS + + Subtitle A--Military Construction Program + +Sec. 2801. Military installation resilience plans and projects of + Department of Defense. +Sec. 2802. Prohibition on use of funds to reduce air base resiliency or + demolish protected aircraft shelters in the + European theater without creating a similar + protection from attack. +Sec. 2803. Prohibition on use of funds to close or return to the host + nation any existing air base. +Sec. 2804. Increased authority for certain unspecified minor military + construction projects. +Sec. 2805. Technical corrections and improvements to installation + resilience. + Subtitle B--Land Conveyances + +Sec. 2811. Release of interests retained in Camp Joseph T. Robinson, + Arkansas, for use of such land as a + veterans cemetery. +Sec. 2812. Transfer of administrative jurisdiction over certain parcels + of Federal land in Arlington, Virginia. +Sec. 2813. Modification of requirements relating to land acquisition in + Arlington County, Virginia. +Sec. 2814. White Sands Missile Range Land Enhancements. + Subtitle C--Other Matters + +Sec. 2821. Equal treatment of insured depository institutions and + credit unions operating on military + installations. +Sec. 2822. Expansion of temporary authority for acceptance and use of + contributions for certain construction, + maintenance, and repair projects mutually + beneficial to the Department of Defense and + Kuwait military forces. +Sec. 2823. Designation of Sumpter Smith Joint National Guard Base. +Sec. 2824. Prohibition on use of funds to privatize temporary lodging + on installations of Department of Defense. +Sec. 2825. Pilot program to extend service life of roads and runways + under the jurisdiction of the Secretaries + of the military departments. + TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION + +Sec. 2901. Authorized Army construction and land acquisition projects. +Sec. 2902. Authorized Navy construction and land acquisition projects. +Sec. 2903. Authorized Air Force construction and land acquisition + projects. +Sec. 2904. Authorized Defense Agencies construction and land + acquisition projects. +Sec. 2905. Disaster recovery projects. +Sec. 2906. Replenishment of certain military constructions funds. +Sec. 2907. Authorization of appropriations. + TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM + +Sec. 3001. Definitions. + Subtitle A--Accountability and Oversight + +Sec. 3011. Tenant bill of rights for privatized military housing. +Sec. 3012. Designation of Chief Housing Officer for privatized military + housing. +Sec. 3013. Command oversight of military privatized housing as element + of performance evaluations. +Sec. 3014. Consideration of history of landlord in contract renewal + process for privatized military housing. +Sec. 3015. Treatment of breach of contract for privatized military + housing. +Sec. 3016. Uniform code of basic standards for privatized military + housing and plan to conduct inspections and + assessments. +Sec. 3017. Repeal of supplemental payments to lessors and requirement + for use of funds in connection with the + Military Housing Privatization Initiative. +Sec. 3018. Standard for common credentials for health and environmental + inspectors of privatized military housing. +Sec. 3019. Improvement of privatized military housing. +Sec. 3020. Access to maintenance work order system of landlords of + privatized military housing. +Sec. 3021. Access by tenants of privatized military housing to work + order system of landlord. + Subtitle B--Prioritizing Families + +Sec. 3031. Dispute resolution process for landlord-tenant disputes + regarding privatized military housing and + requests to withhold payments. +Sec. 3032. Suspension of Resident Energy Conservation Program. +Sec. 3033. Access by tenants to historical maintenance information for + privatized military housing. +Sec. 3034. Prohibition on use of call centers outside the United States + for maintenance calls by tenants of + privatized military housing. +Sec. 3035. Radon testing for privatized military housing. +Sec. 3036. Expansion of windows covered by requirement to use window + fall prevention devices in privatized + military housing. +Sec. 3037. Requirements relating to move out and maintenance with + respect to privatized military housing. + Subtitle C--Long-Term Quality Assurance + +Sec. 3041. Development of standardized documentation, templates, and + forms for privatized military housing. +Sec. 3042. Council on privatized military housing. +Sec. 3043. Requirements relating to management of privatized military + housing. +Sec. 3044. Requirements relating to contracts for privatized military + housing. +Sec. 3045. Withholding of incentive fees for landlords of privatized + military housing for failure to remedy a + health or environmental hazard. +Sec. 3046. Expansion of direct hire authority for Department of Defense + for childcare services providers for + Department child development centers to + include direct hire authority for + installation military housing office + personnel. +Sec. 3047. Plan on establishment of Department of Defense jurisdiction + over off-base privatized military housing. + Subtitle D--Other Housing Matters + +Sec. 3051. Lead-based paint testing and reporting. +Sec. 3052. Satisfaction survey for tenants of military housing. +Sec. 3053. Information on legal services provided to members of the + Armed Forces harmed by health or + environmental hazards at military housing. +Sec. 3054. Mitigation of risks posed by certain items in military + family housing units. +Sec. 3055. Technical correction to certain payments for lessors of + privatized military housing. +Sec. 3056. Pilot program to build and monitor use of single family + homes. + DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND + OTHER AUTHORIZATIONS + + TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + + Subtitle A--National Security Programs and Authorizations + +Sec. 3101. National Nuclear Security Administration. +Sec. 3102. Defense environmental cleanup. +Sec. 3103. Other defense activities. +Sec. 3104. Nuclear energy. + Subtitle B--Program Authorizations, Restrictions, and Limitations + +Sec. 3111. Technical corrections to National Nuclear Security + Administration Act and Atomic Energy + Defense Act. +Sec. 3112. National Nuclear Security Administration Personnel System. +Sec. 3113. Contracting, program management, scientific, engineering, + and technical positions at National Nuclear + Security Administration. +Sec. 3114. Prohibition on use of laboratory-directed research and + development funds for general and + administrative overhead costs. +Sec. 3115. Prohibition on use of funds for advanced naval nuclear fuel + system based on low-enriched uranium. + Subtitle C--Plans and Reports + +Sec. 3121. Estimation of costs of meeting defense environmental cleanup + milestones required by consent orders. +Sec. 3122. Extension of suspension of certain assessments relating to + nuclear weapons stockpile. +Sec. 3123. Repeal of requirement for review relating to enhanced + procurement authority. +Sec. 3124. Determination of effect of treaty obligations with respect + to producing tritium. +Sec. 3125. Assessment of high energy density physics. + TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD + +Sec. 3201. Authorization. +Sec. 3202. Improvement of management and organization of Defense + Nuclear Facilities Safety Board. +Sec. 3203. Membership of Defense Nuclear Facilities Safety Board. + TITLE XXXV--MARITIME ADMINISTRATION + +Sec. 3501. Maritime Administration. + DIVISION D--FUNDING TABLES + +Sec. 4001. Authorization of amounts in funding tables. + TITLE XLI--PROCUREMENT + +Sec. 4101. Procurement. +Sec. 4102. Procurement for overseas contingency operations. + TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + +Sec. 4201. Research, development, test, and evaluation. +Sec. 4202. Research, development, test, and evaluation for overseas + contingency operations. + TITLE XLIII--OPERATION AND MAINTENANCE + +Sec. 4301. Operation and maintenance. +Sec. 4302. Operation and maintenance for overseas contingency + operations. + TITLE XLIV--MILITARY PERSONNEL + +Sec. 4401. Military personnel. +Sec. 4402. Military personnel for overseas contingency operations. + TITLE XLV--OTHER AUTHORIZATIONS + +Sec. 4501. Other authorizations. +Sec. 4502. Other authorizations for overseas contingency operations. + TITLE XLVI--MILITARY CONSTRUCTION + +Sec. 4601. Military construction. +Sec. 4602. Military construction for overseas contingency operations. + TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + +Sec. 4701. Department of Energy national security programs. + DIVISION E--ADDITIONAL PROVISIONS + + TITLE LI--PROCUREMENT + +Sec. 5101. Briefing on plans to increase readiness of B-1 bomber + aircraft. +Sec. 5126. Limitation on availability of funds for the Littoral Combat + Ship. +Sec. 5151. Limitation on availability of funds for communications + systems lacking certain resiliency + features. + TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + +Sec. 5201. Energetics plan. +Sec. 5202. Amendments to research project transaction authorities to + eliminate cost-sharing requirements and + reduce burdens on use. +Sec. 5203. Comparative capabilities of adversaries in artificial + intelligence. +Sec. 5204. Additional amounts for research, development, test, and + evaluation. +Sec. 5205. Briefing on explainable artificial intelligence. +Sec. 5206. Administration of centers for manufacturing innovation + funded by the Department of Defense. +Sec. 5207. Commercial edge computing technologies and best practices + for Department of Defense warfighting + systems. +Sec. 5211. Development and acquisition strategy to procure secure, low + probability of detection data link network + capability. +Sec. 5213. Limitation and report on Indirect Fire Protection Capability + Increment 2 enduring capability. + TITLE LIII--OPERATION AND MAINTENANCE + +Sec. 5301. Life cycle sustainment annual report for major weapon + systems of the Department of Defense. +Sec. 5302. Sense of Senate on prioritizing survivable logistics for the + Department of Defense. +Sec. 5303. Plan on sustainment of Rough Terrain Container Handler + fleets. +Sec. 5304. Requirement to include foreign language proficiency in + readiness reporting systems of Department + of Defense. +Sec. 5305. Monitoring of noise from flights and training of EA-18G + Growlers associated with Naval Air Station + Whidbey Island. +Sec. 5306. Sense of Congress on restoration of Tyndall Air Force Base. +Sec. 5318. Cooperative agreements with States to address contamination + by perfluoralkyl and polyflruoroalkyl + substances. +Sec. 5352. Limitation on use of funds regarding the basing of KC-46A + aircraft outside the continental United + States. + TITLE LIV--MILITARY PERSONNEL AUTHORIZATIONS + +Sec. 5401. Modification of authorized strength of Air Force Reserve + serving on full-time reserve component duty + for administration of the reserves or the + National Guard. + TITLE LV--MILITARY PERSONNEL POLICY + +Sec. 5501. Annual State report card. +Sec. 5502. Information and opportunities for registration for voting + and absentee ballot requests for members of + the Armed Forces undergoing deployment + overseas. +Sec. 5503. Study on two-way military ballot barcode tracking. +Sec. 5504. Sense of Senate on the honorable and distinguished service + of General Joseph F. Dunford, United States + Marine Corps, to the United States. +Sec. 5505. Participation of other Federal agencies in the SkillBridge + apprenticeship and internship program for + members of the Armed Forces. +Sec. 5506. Personnel tempo of the Armed Forces and the United States + Special Operations Command during periods + of inapplicability of high-deployment + limitations. +Sec. 5507. Report and briefing on the Senior Reserve Officers' Training + Corps. +Sec. 5508. Report on suicide prevention programs and activities for + members of the Armed Forces and their + families. +Sec. 5509. Sense of Congress on local performance of military accession + physicals. +Sec. 5510. Permanent authority to defer past age 64 the retirement of + chaplains in general and flag officer + grades. +Sec. 5546. Boards for Correction of Military Records and Discharge + Review Board matters. +Sec. 5585. Authorization for award of the Medal of Honor to John J. + Duffy for acts of valor in Vietnam. +Sec. 5587. Authority to award or present a decoration not previously + recommended in a timely fashion following a + review requested by Congress. + TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS + +Sec. 5601. Inclusion of certain veterans on temporary disability or + permanent disabled retirement lists in + military adaptive sports programs. +Sec. 5602. 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. +Sec. 5642. Treatment of fees of service provided as supplemental funds + for commissary operations. + TITLE LVII--HEALTH CARE PROVISIONS + +Sec. 5701. Contraceptive parity under the TRICARE program. +Sec. 5702. Exposure to open burn pits and toxic airborne chemicals as + part of periodic health assessments and + other physical examinations. +Sec. 5703. Preservation of resources of the Army Medical Research and + Materiel Command and treatment of + realignment of such command. + TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + MATTERS + +Sec. 5801. Report on contracts with entities affiliated with the + Government of the People's Republic of + China or the Chinese Communist Party. +Sec. 5802. Documentation of market research related to commercial item + determinations. +Sec. 5803. Analysis of alternatives pursuant to materiel development + decisions. + TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT + +Sec. 5901. Institutionalization within Department of Defense of + responsibilities and authorities of the + Chief Management Officer. +Sec. 5902. Allocation of former responsibilities of the Under Secretary + of Defense for Acquisition, Technology, and + Logistics. + TITLE LX--GENERAL MATTERS + +Sec. 6001. Utilizing significant emissions with innovative + technologies. +Sec. 6002. Reporting regarding cancelled appropriations. +Sec. 6003. Inclusion of progress of the Department of Defense in + achieving auditable financial statements in + annual reports on the Financial Improvement + and Audit Remediation Plan. +Sec. 6004. Exemption from calculation of monthly income, for purposes + of bankruptcy laws, certain payments from + the Department of Veterans Affairs and the + Department of Defense. +Sec. 6005. Silver Star Service Banner Day. +Sec. 6006. Electromagnetic pulses and geomagnetic disturbances. +Sec. 6007. Termination of leases of premises and motor vehicles of + servicemembers who incur catastrophic + injury or illness or die while in military + service. +Sec. 6008. Improvements to Network for Manufacturing Innovation + Program. +Sec. 6009. Regional innovation program. +Sec. 6010. Report on National Guard and United States Northern Command + capacity to meet homeland defense and + security incidents. +Sec. 6011. Comptroller General of the United States report on the + effects of continuing resolutions on + readiness and planning of the Department of + Defense. +Sec. 6012. Integrated public alert and warning system. +Sec. 6013. Report on impact of Liberian nationals on the national + security, foreign policy, and economic and + humanitarian interests of the United States + and a justification for adjustment of + status of qualifying Liberians to that of + lawful permanent residents. +Sec. 6014. Improving quality of information in background investigation + request packages. +Sec. 6015. Limitation on certain rolling stock procurements; + cybersecurity certification for rail + rolling stock and operations. +Sec. 6016. Sense of Congress on the naming of a naval vessel in honor + of Senior Chief Petty Officer Shannon Kent. +Sec. 6017. Authorization of appropriations for Defense Production Act + of 1950. +Sec. 6018. Investment in supply chain security under Defense Production + Act of 1950. +Sec. 6019. Aviation workforce development. +Sec. 6020. Little Shell Tribe of Chippewa Indians of Montana. +Sec. 6021. Pensacola dam and reservoir, Grand River, Oklahoma. + TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS + +Sec. 6201. Statement of policy and sense of Senate on Mutual Defense + Treaty with the Republic of the + Philippines. +Sec. 6202. Sense of Senate on enhanced cooperation with Pacific Island + countries to establish open-source + intelligence fusion centers in the Indo- + Pacific region. +Sec. 6203. Two-year extension of program authority for Global Security + Contingency Fund. +Sec. 6204. Repeal of prohibition on transfer of articles on the United + States munitions list to the Republic of + Cyprus. +Sec. 6205. United States-India defense cooperation in the Western + Indian Ocean. +Sec. 6206. Expansion of availability of financial assets of Iran to + victims of terrorism. +Sec. 6207. Report on export of certain satellites to entities with + certain beneficial ownership structures. +Sec. 6208. Sense of Congress on Hong Kong port visits. +Sec. 6209. Sense of Congress on policy toward Hong Kong. +Sec. 6210. Extension and modification of limitation on military + cooperation between the United States and + the Russian Federation. +Sec. 6211. Review and report on obligations of the United States under + Taiwan Relations Act. +Sec. 6212. Implementation of the Asia Reassurance Initiative Act with + regard to Taiwan arms sales. +Sec. 6213. North Atlantic Treaty Organization Joint Forces Command. +Sec. 6214. Report on military activities of the Russian Federation and + the People's Republic of China in the + Arctic region. +Sec. 6215. Efforts to ensure meaningful participation of Afghan women + in peace negotiations in Afghanistan. +Sec. 6216. Updated strategy to counter the threat of malign influence + by the Russian Federation and other + countries. +Sec. 6217. Modification of semiannual report on enhancing security and + stability in Afghanistan. +Sec. 6218. Sense of Congress on acquisition by Turkey of S-400 air + defense system. +Sec. 6219. Modification of initiative to support protection of national + security academic researchers from undue + influence and other security threats. +Sec. 6231. Prohibition on availability of funds relating to sovereignty + of the Russian Federation over Crimea. +Sec. 6236. Limitation on transfer of F-35 aircraft to the Republic of + Turkey. + TITLE LXIV--OTHER AUTHORIZATIONS + +Sec. 6401. Assessment of rare earth supply chain issues. +Sec. 6422. Expansion of eligibility for residence at the Armed Force + Retirement Home. + TITLE LXV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS + CONTINGENCY OPERATIONS + + Subtitle A--General Provisions + +Sec. 6501. Review of Joint Improvised-Threat Defeat Organization + research relating to humanitarian demining + efforts. + Subtitle B--Inspectors General Matters + +Sec. 6511. Establishment of lead Inspector General for an overseas + contingency operation based on Secretary of + Defense notification. +Sec. 6512. Clarification of authority of Inspectors General for + overseas contingency operations. +Sec. 6513. Employment status of annuitants for Inspectors General for + overseas contingency operations. + TITLE LXVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + +Sec. 6601. Annual report on development of ground-based strategic + deterrent weapon. +Sec. 6602. Sense of Senate on support for a robust and modern ICBM + force to maximize the value of the nuclear + triad of the United States. +Sec. 6603. Reports by military departments on operation of conventional + forces under employment or threat of + employment of nuclear weapons. +Sec. 6604. Reports by United States European Command and United States + Indo-Pacific Command on operation of + certain conventional forces under + employment or threat of employment of + nuclear weapons. +Sec. 6605. Joint assessment of Department of Defense cyber red team + capabilities, capacity, demand, and + requirements. +Sec. 6606. Report on the expanded purview of the Defense + Counterintelligence and Security Agency. +Sec. 6664. Prohibition on reduction of the intercontinental ballistic + missiles of the United States. + TITLE LXVII--PFAS RELEASE DISCLOSURE, DETECTION, AND SAFE DRINKING + WATER ASSISTANCE + +Sec. 6701. Definition of Administrator. + Subtitle A--PFAS Release Disclosure + +Sec. 6711. Additions to toxics release inventory. + Subtitle B--Drinking Water + +Sec. 6721. National primary drinking water regulations for PFAS. +Sec. 6722. Monitoring and detection. +Sec. 6723. Enforcement. +Sec. 6724. Drinking water state revolving funds. + Subtitle C--PFAS Detection + +Sec. 6731. Definitions. +Sec. 6732. Performance standard for the detection of perfluorinated + compounds. +Sec. 6733. Nationwide sampling. +Sec. 6734. Data usage. +Sec. 6735. Collaboration. +Sec. 6736. Authorization of appropriations. + Subtitle D--Safe Drinking Water Assistance + +Sec. 6741. Definitions. +Sec. 6742. Research and coordination plan for enhanced response on + emerging contaminants. + Subtitle E--Miscellaneous + +Sec. 6751. PFAS data call. +Sec. 6752. Significant new use rule for long-chain PFAS. +Sec. 6753. PFAS destruction and disposal guidance. +Sec. 6754. PFAS research and development. +TITLE LXVIII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT + SYNTHETIC OPIOIDS + +Sec. 6801. Short title. +Sec. 6802. Findings. +Sec. 6803. Sense of Congress. +Sec. 6804. Definitions. + Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers + +Sec. 6811. Identification of foreign opioid traffickers. +Sec. 6812. Sense of Congress on international opioid control regime. +Sec. 6813. Imposition of sanctions. +Sec. 6814. Description of sanctions. +Sec. 6815. Waivers. +Sec. 6816. Procedures for judicial review of classified information. +Sec. 6817. Briefings on implementation. +Sec. 6818. Inclusion of additional material in International Narcotics + Control Strategy Report. + Subtitle B--Commission on Combating Synthetic Opioid Trafficking + +Sec. 6821. Commission on combating synthetic opioid trafficking. + Subtitle C--Other Matters + +Sec. 6831. Director of National Intelligence program on use of + intelligence resources in efforts to + sanction foreign opioid traffickers. +Sec. 6832. Department of Defense funding. +Sec. 6833. Department of State funding. +Sec. 6834. Department of the Treasury funding. +Sec. 6835. Termination. +Sec. 6836. Exception relating to importation of goods. +Sec. 6837. Appropriate committees of Congress defined. + TITLE LXIX--OTTO WARMBIER BANKING RESTRICTIONS INVOLVING NORTH KOREA + ACT OF 2019 + +Sec. 6901. Short title. + Subtitle A--Sanctions With Respect to North Korea + +Sec. 6911. Findings. +Sec. 6912. Sense of Congress. +Sec. 6913. Definitions. + PART I--Expansion of Sanctions and Related Matters + +Sec. 6921. Sanctions with respect to foreign financial institutions + that provide financial services to certain + sanctioned persons. +Sec. 6922. Extension of applicability period of proliferation + prevention sanctions. +Sec. 6923. Sense of Congress on identification and blocking of property + of North Korean officials. +Sec. 6924. Modification of report on implementation of United Nations + Security Council resolutions by other + governments. +Sec. 6925. Report on use by the Government of North Korea of beneficial + ownership rules to access the international + financial system. + PART II--Congressional Review and Oversight + +Sec. 6931. Notification of termination or suspension of sanctions. +Sec. 6932. Reports on certain licensing actions. +Sec. 6933. Briefings on implementation and enforcement of sanctions. +Sec. 6934. Report on financial networks and financial methods of the + Government of North Korea. +Sec. 6935. Report on countries of concern with respect to + transshipment, reexportation, or diversion + of certain items to North Korea. + PART III--General Matters + +Sec. 6941. Rulemaking. +Sec. 6942. Authority to consolidate reports. +Sec. 6943. Waivers, exemptions, and termination. +Sec. 6944. Procedures for review of classified information. +Sec. 6945. Briefing on resourcing of sanctions programs. +Sec. 6946. Briefing on proliferation financing. + Subtitle B--Divestment From North Korea + +Sec. 6951. Authority of State and local governments to divest from + companies that invest in North Korea. +Sec. 6952. Safe harbor for changes of investment policies by asset + managers. +Sec. 6953. Sense of Congress regarding certain ERISA plan investments. +Sec. 6954. Rule of construction. + Subtitle C--Financial Industry Guidance to Halt Trafficking + +Sec. 6961. Short title. +Sec. 6962. Findings. +Sec. 6963. Sense of Congress. +Sec. 6964. Coordination of human trafficking issues by the Office of + Terrorism and Financial Intelligence. +Sec. 6965. Strengthening the role of anti-money laundering and other + financial tools in combating human + trafficking. +Sec. 6966. Sense of Congress on resources to combat human trafficking. + TITLE LXXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS + +Sec. 7801. Prioritization of projects in annual report on unfunded + requirements for laboratory military + construction projects. +Sec. 7802. Prohibition on use of funds to reduce air base resiliency or + demolish protected aircraft shelters in the + European theater without creating a similar + protection from attack. +Sec. 7803. Prohibition on use of funds to close or return to the host + national any existing air base. +Sec. 7804. Report on unfunded requirements for major and minor military + construction projects for child development + centers of the Department of Defense and + increase of maximum amounts for such minor + projects. +Sec. 7805. Modification of authorized uses of certain property conveyed + by the United States in Los Angeles, + California. + TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + +Sec. 8101. Implementation of common financial reporting system for + nuclear security enterprise. +Sec. 8102. Modification to certain requirements relating to plutonium + pit production capacity. + TITLE LXXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD + +Sec. 8202. Membership of Defense Nuclear Facilities Safety Board. + TITLE LXXXV--MARITIME ADMINISTRATION + +Sec. 8500. Ineffectiveness of title XXXV. +Sec. 8501. Short title. + Subtitle A--Maritime Administration + +Sec. 8511. Authorization of the Maritime Administration. +Sec. 8512. Maritime Security Program. +Sec. 8513. Department of Transportation Inspector General Report. +Sec. 8514. Appointment of candidates attending sponsored preparatory + school. +Sec. 8515. Independent study on the United States Merchant Marine + Academy. +Sec. 8516. General support program. +Sec. 8517. Military to mariner. +Sec. 8518. Salvage recoveries of federally owned cargoes. +Sec. 8519. Salvage recoveries for subrogated ownership of vessels and + cargoes. +Sec. 8520. Port operations, research, and technology. +Sec. 8521. Assessment and report on strategic seaports. +Sec. 8522. Maritime technical assistance program. +Sec. 8523. Requirement for small shipyard grantees. +Sec. 8524. Improvement of National Oceanographic Partnership Program. +Sec. 8525. Improvements to the maritime guaranteed loan program. +Sec. 8526. Technical corrections. +Sec. 8527. United States Merchant Marine Academy's Sexual Assault + Prevention and Response program. +Sec. 8528. Report on vessels for emerging offshore energy + infrastructure. + Subtitle B--Maritime SAFE Act + +Sec. 8531. Short titles. +Sec. 8532. Definitions. +Sec. 8533. Purposes. +Sec. 8534. Statement of policy. + PART I--Programs to Combat IUU Fishing and Increase Maritime Security + +Sec. 8541. Coordination with international organizations. +Sec. 8542. Engagement of diplomatic missions of the United States. +Sec. 8543. Assistance by Federal agencies to improve law enforcement + within priority regions and priority flag + states. +Sec. 8544. Expansion of existing mechanisms to combat IUU fishing. +Sec. 8545. Improvement of transparency and traceability programs. +Sec. 8546. Technology programs. +Sec. 8547. Savings clause. + PART II--Establishment of Interagency Working Group on IUU Fishing + +Sec. 8551. Interagency Working Group on IUU Fishing. +Sec. 8552. Strategic plan. +Sec. 8553. Reports. +Sec. 8554. Gulf of Mexico IUU Fishing Subworking Group. + PART III--Combating Human Trafficking in Connection With the Catching + and Processing of Seafood Products + +Sec. 8561. Finding. +Sec. 8562. Adding the Secretary of Commerce to the Interagency Task + Force to Monitor and Combat Trafficking. +Sec. 8563. Human trafficking in the seafood supply chain report. + PART IV--Authorization of Appropriations + +Sec. 8571. Authorization of appropriations. +Sec. 8572. Accounting of funds. + DIVISION F--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020 + +Sec. 9001. Short title. +Sec. 9002. Definitions. + TITLE XCI--INTELLIGENCE ACTIVITIES + +Sec. 9101. Authorization of appropriations. +Sec. 9102. Classified schedule of authorizations. +Sec. 9103. Intelligence community management account. + TITLE XCII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY + SYSTEM + +Sec. 9201. Authorization of appropriations. + TITLE XCIII--INTELLIGENCE COMMUNITY MATTERS + + Subtitle A--General Intelligence Community Matters + +Sec. 9301. Restriction on conduct of intelligence activities. +Sec. 9302. Increase in employee compensation and benefits authorized by + law. +Sec. 9303. Improving the onboarding methodology for certain + intelligence personnel. +Sec. 9304. Intelligence community public-private talent exchange. +Sec. 9305. Expansion of scope of protections for identities of covert + agents. +Sec. 9306. Inclusion of security risks in program management plans + required for acquisition of major systems + in National Intelligence Program. +Sec. 9307. Paid parental leave. + Subtitle B--Office of the Director of National Intelligence + +Sec. 9311. Exclusivity, consistency, and transparency in security + clearance procedures. +Sec. 9312. Limitation on transfer of National Intelligence University. +Sec. 9313. Improving visibility into the security clearance process. +Sec. 9314. Making certain policies and execution plans relating to + personnel clearances available to industry + partners. + Subtitle C--Inspector General of the Intelligence Community + +Sec. 9321. Definitions. +Sec. 9322. Inspector General external review panel. +Sec. 9323. Harmonization of whistleblower processes and procedures. +Sec. 9324. Intelligence community oversight of agency whistleblower + actions. +Sec. 9325. Report on cleared whistleblower attorneys. + TITLE XCIV--REPORTS AND OTHER MATTERS + +Sec. 9401. Study on foreign employment of former personnel of + intelligence community. +Sec. 9402. Comprehensive economic assessment of investment in key + United States technologies by companies or + organizations linked to China. +Sec. 9403. Analysis of and periodic briefings on major initiatives of + intelligence community in artificial + intelligence and machine learning. +Sec. 9404. Encouraging cooperative actions to detect and counter + foreign influence operations. +Sec. 9405. Oversight of foreign influence in academia. +Sec. 9406. Director of National Intelligence report on fifth-generation + wireless network technology. +Sec. 9407. Annual report by Comptroller General of the United States on + cybersecurity and surveillance threats to + Congress. +Sec. 9408. Director of National Intelligence assessment of foreign + interference in elections. +Sec. 9409. Study on feasibility and advisability of establishing + Geospatial-Intelligence Museum and learning + center. +Sec. 9410. Report on death of Jamal Khashoggi. + DIVISION G--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019 + +Sec. 10001. Short title. +Sec. 10002. Definitions. + TITLE CI--INTELLIGENCE ACTIVITIES + +Sec. 10101. Authorization of appropriations. +Sec. 10102. Classified Schedule of Authorizations. +Sec. 10103. Intelligence Community Management Account. +TITLE CII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM + +Sec. 10201. Authorization of appropriations. +Sec. 10202. Computation of annuities for employees of the Central + Intelligence Agency. + TITLE CIII--GENERAL INTELLIGENCE COMMUNITY MATTERS + +Sec. 10301. Restriction on conduct of intelligence activities. +Sec. 10302. Increase in employee compensation and benefits authorized + by law. +Sec. 10303. Modification of special pay authority for science, + technology, engineering, or mathematics + positions and addition of special pay + authority for cyber positions. +Sec. 10304. Modification of appointment of Chief Information Officer of + the Intelligence Community. +Sec. 10305. Director of National Intelligence review of placement of + positions within the intelligence community + on the Executive Schedule. +Sec. 10306. Supply Chain and Counterintelligence Risk Management Task + Force. +Sec. 10307. Consideration of adversarial telecommunications and + cybersecurity infrastructure when sharing + intelligence with foreign governments and + entities. +Sec. 10308. Cyber protection support for the personnel of the + intelligence community in positions highly + vulnerable to cyber attack. +Sec. 10309. Modification of authority relating to management of supply- + chain risk. +Sec. 10310. Limitations on determinations regarding certain security + classifications. +Sec. 10311. Joint Intelligence Community Council. +Sec. 10312. Intelligence community information technology environment. +Sec. 10313. Report on development of secure mobile voice solution for + intelligence community. +Sec. 10314. Policy on minimum insider threat standards. +Sec. 10315. Submission of intelligence community policies. +Sec. 10316. Expansion of intelligence community recruitment efforts. + TITLE CIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY + + Subtitle A--Office of the Director of National Intelligence + +Sec. 10401. Authority for protection of current and former employees of + the Office of the Director of National + Intelligence. +Sec. 10402. Designation of the program manager-information sharing + environment. +Sec. 10403. Technical modification to the executive schedule. +Sec. 10404. Chief Financial Officer of the Intelligence Community. +Sec. 10405. Chief Information Officer of the Intelligence Community. + Subtitle B--Central Intelligence Agency + +Sec. 10411. Central Intelligence Agency subsistence for personnel + assigned to austere locations. +Sec. 10412. Expansion of security protective service jurisdiction of + the Central Intelligence Agency. +Sec. 10413. Repeal of foreign language proficiency requirement for + certain senior level positions in the + Central Intelligence Agency. + Subtitle C--Office of Intelligence and Counterintelligence of + Department of Energy + +Sec. 10421. Consolidation of Department of Energy Offices of + Intelligence and Counterintelligence. +Sec. 10422. Repeal of Department of Energy Intelligence Executive + Committee and budget reporting requirement. + Subtitle D--Other Elements + +Sec. 10431. Plan for designation of counterintelligence component of + Defense Security Service as an element of + intelligence community. +Sec. 10432. Notice not required for private entities. +Sec. 10433. Framework for roles, missions, and functions of Defense + Intelligence Agency. +Sec. 10434. Establishment of advisory board for National Reconnaissance + Office. +Sec. 10435. Collocation of certain Department of Homeland Security + personnel at field locations. + TITLE CV--ELECTION MATTERS + +Sec. 10501. Report on cyber attacks by foreign governments against + United States election infrastructure. +Sec. 10502. Review of intelligence community's posture to collect + against and analyze Russian efforts to + influence the Presidential election. +Sec. 10503. Assessment of foreign intelligence threats to Federal + elections. +Sec. 10504. Strategy for countering Russian cyber threats to United + States elections. +Sec. 10505. Assessment of significant Russian influence campaigns + directed at foreign elections and + referenda. +Sec. 10506. Foreign counterintelligence and cybersecurity threats to + Federal election campaigns. +Sec. 10507. Information sharing with State election officials. +Sec. 10508. Notification of significant foreign cyber intrusions and + active measures campaigns directed at + elections for Federal offices. +Sec. 10509. Designation of counterintelligence officer to lead election + security matters. + TITLE CVI--SECURITY CLEARANCES + +Sec. 10601. Definitions. +Sec. 10602. Reports and plans relating to security clearances and + background investigations. +Sec. 10603. Improving the process for security clearances. +Sec. 10604. Goals for promptness of determinations regarding security + clearances. +Sec. 10605. Security Executive Agent. +Sec. 10606. Report on unified, simplified, Governmentwide standards for + positions of trust and security clearances. +Sec. 10607. Report on clearance in person concept. +Sec. 10608. Budget request documentation on funding for background + investigations. +Sec. 10609. Reports on reciprocity for security clearances inside of + departments and agencies. +Sec. 10610. Intelligence community reports on security clearances. +Sec. 10611. Periodic report on positions in the intelligence community + that can be conducted without access to + classified information, networks, or + facilities. +Sec. 10612. Information sharing program for positions of trust and + security clearances. +Sec. 10613. Report on protections for confidentiality of whistleblower- + related communications. + TITLE CVII--REPORTS AND OTHER MATTERS + + Subtitle A--Matters Relating to Russia and Other Foreign Powers + +Sec. 10701. Limitation relating to establishment or support of + cybersecurity unit with the Russian + Federation. +Sec. 10702. Report on returning Russian compounds. +Sec. 10703. Assessment of threat finance relating to Russia. +Sec. 10704. Notification of an active measures campaign. +Sec. 10705. Notification of travel by accredited diplomatic and + consular personnel of the Russian + Federation in the United States. +Sec. 10706. Report on outreach strategy addressing threats from United + States adversaries to the United States + technology sector. +Sec. 10707. Report on Iranian support of proxy forces in Syria and + Lebanon. +Sec. 10708. Annual report on Iranian expenditures supporting foreign + military and terrorist activities. +Sec. 10709. Expansion of scope of committee to counter active measures + and report on establishment of Foreign + Malign Influence Center. + Subtitle B--Reports + +Sec. 10711. Technical correction to Inspector General study. +Sec. 10712. Reports on authorities of the Chief Intelligence Officer of + the Department of Homeland Security. +Sec. 10713. Report on cyber exchange program. +Sec. 10714. Review of intelligence community whistleblower matters. +Sec. 10715. Report on role of Director of National Intelligence with + respect to certain foreign investments. +Sec. 10716. Report on surveillance by foreign governments against + United States telecommunications networks. +Sec. 10717. Biennial report on foreign investment risks. +Sec. 10718. Modification of certain reporting requirement on travel of + foreign diplomats. +Sec. 10719. Semiannual reports on investigations of unauthorized + disclosures of classified information. +Sec. 10720. Congressional notification of designation of covered + intelligence officer as persona non grata. +Sec. 10721. Reports on intelligence community participation in + vulnerabilities equities process of Federal + Government. +Sec. 10722. Inspectors General reports on classification. +Sec. 10723. Reports on global water insecurity and national security + implications and briefing on emerging + infectious disease and pandemics. +Sec. 10724. Annual report on memoranda of understanding between + elements of intelligence community and + other entities of the United States + Government regarding significant + operational activities or policy. +Sec. 10725. Study on the feasibility of encrypting unclassified + wireline and wireless telephone calls. +Sec. 10726. Modification of requirement for annual report on hiring and + retention of minority employees. +Sec. 10727. Reports on intelligence community loan repayment and + related programs. +Sec. 10728. Repeal of certain reporting requirements. +Sec. 10729. Inspector General of the Intelligence Community report on + senior executives of the Office of the + Director of National Intelligence. +Sec. 10730. Briefing on Federal Bureau of Investigation offering + permanent residence to sources and + cooperators. +Sec. 10731. Intelligence assessment of North Korea revenue sources. +Sec. 10732. Report on possible exploitation of virtual currencies by + terrorist actors. + Subtitle C--Other Matters + +Sec. 10741. Public Interest Declassification Board. +Sec. 10742. Securing energy infrastructure. +Sec. 10743. Bug bounty programs. +Sec. 10744. Modification of authorities relating to the National + Intelligence University. +Sec. 10745. Technical and clerical amendments to the National Security + Act of 1947. +Sec. 10746. Technical amendments related to the Department of Energy. +Sec. 10747. Sense of Congress on notification of certain disclosures of + classified information. +Sec. 10748. Sense of Congress on consideration of espionage activities + when considering whether or not to provide + visas to foreign individuals to be + accredited to a United Nations mission in + the United States. +Sec. 10749. Sense of Congress on WikiLeaks. + +SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. + + In this Act, the term ``congressional defense committees'' has the +meaning given that term in section 101(a)(16) of title 10, United +States Code. + +SEC. 4. BUDGETARY EFFECTS OF THIS ACT. + + The budgetary effects of this Act, for the purposes of complying +with the Statutory Pay-As-You-Go Act of 2010, shall be determined by +reference to the latest statement titled ``Budgetary Effects of PAYGO +Legislation'' for this Act, jointly submitted for printing in the +Congressional Record by the Chairmen of the House and Senate Budget +Committees, provided that such statement has been submitted prior to +the vote on passage in the House acting first on the conference report +or amendment between the Houses. + + DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS + + TITLE I--PROCUREMENT + + Subtitle A--Authorization of Appropriations + +SEC. 101. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for procurement for the Army, the Navy and the Marine Corps, the Air +Force, and Defense-wide activities, as specified in the funding table +in section 4101. + + Subtitle B--Army Programs + +SEC. 111. SENSE OF SENATE ON ARMY'S APPROACH TO CAPABILITY DROPS 1 AND + 2 OF THE DISTRIBUTED COMMON GROUND SYSTEM-ARMY PROGRAM. + + It is the sense of the Senate that-- + (1) the Senate approves of the approach of the Army to + Capability Drops 1 and 2 of the Distributed Common Ground + System-Army program, which has been in compliance with section + 2377 of title 10, United States Code; and + (2) the Senate encourages the Under Secretary of Defense + for Acquisition and Sustainment and other military departments + and commands in the Department of Defense to review the efforts + of the Army with Capability Drops 1 and 2 to inform future + decisions about how to integrate commercial technology into the + Distributed Common Ground System Enterprise and other national + security systems. + +SEC. 112. AUTHORITY OF THE SECRETARY OF THE ARMY TO WAIVE CERTAIN + LIMITATIONS RELATED TO THE DISTRIBUTED COMMON GROUND + SYSTEM-ARMY INCREMENT 1. + + Section 113(d) of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 130 Stat. 2028) is amended by striking +``Secretary of Defense'' both places it appears and inserting +``Secretary of the Army''. + + Subtitle C--Navy Programs + +SEC. 121. MODIFICATION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY + WATERBORNE SECURITY BARRIERS. + + Section 130 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended-- + (1) in subsection (a) by striking ``for fiscal year 2019 + may be obligated or expended to procure legacy waterborne + security barriers for Navy ports'' and inserting ``for fiscal + year 2019 or fiscal year 2020 may be obligated or expended to + procure legacy waterborne security barriers for Navy ports, + including as replacements for legacy barriers''; and + (2) by adding at the end the following new subsection: + ``(d) Notification.--Not later than 15 days after an exception is +made pursuant to subsection (c)(2), the Secretary of the Navy shall +submit a written notification to the congressional defense committees +that includes-- + ``(1) the name and position of the government official who + determined exigent circumstances exist; + ``(2) a description of the exigent circumstances; and + ``(3) a description of how waterborne security will be + maintained until new waterborne security barriers are procured + and installed.''. + +SEC. 122. CAPABILITIES BASED ASSESSMENT FOR NAVAL VESSELS THAT CARRY + FIXED-WING AIRCRAFT. + + (a) In General.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of the Navy shall initiate a +capabilities based assessment to begin the process of identifying +requirements for the naval vessels that will carry fixed-wing aircraft +following the ships designated CVN-81 and LHA-9. + (b) Elements.--The assessment shall-- + (1) conform with the Joint Capabilities Integration and + Development System, including Chairman of the Joint Chiefs of + Staff Instruction 5123.01H; and + (2) consider options for the vessels described under + subsection (a) that would enable greater commonality and + interoperability of naval aircraft embarked on such naval + vessels, including aircraft arresting gear and launch + catapults. + (c) Notification Requirement.--Not later than 15 days after +initiating the assessment required under subsection (a), the Secretary +of the Navy shall notify the congressional defense committees of such +action and the associated schedule for completing the assessment and +generating an Initial Capabilities Document. + +SEC. 123. FORD-CLASS AIRCRAFT CARRIER COST LIMITATION BASELINES. + + (a) In General.--Chapter 633 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 8692. Ford-class aircraft carrier cost limitation baselines + ``(a) Limitation.--The total amounts obligated or expended from +funds authorized to be appropriated or otherwise made available for +Shipbuilding and Conversion, Navy, or for any other procurement +account, may not exceed the following amounts for the following +aircraft carriers: + ``(1) $13,027,000,000 for the construction of the aircraft + carrier designated CVN-78. + ``(2) $11,398,000,000 for the construction of the aircraft + carrier designated CVN-79. + ``(3) $12,202,000,000 for the construction of the aircraft + carrier designated CVN-80. + ``(4) $12,451,000,000 for the construction of the aircraft + carrier designated CVN-81. + ``(b) Adjustment of Limitation Amount.--The Secretary of the Navy +may adjust an amount set forth in subsection (a) by the following: + ``(1) The amounts of increases or decreases in costs + attributable to economic inflation after September 30, 2019. + ``(2) The amounts of increases or decreases in costs + attributable to compliance with changes in Federal, State, or + local laws enacted after September 30, 2019. + ``(3) The amounts of outfitting costs and post-delivery + costs incurred for that ship. + ``(4) The amounts of increases or decreases in costs of + that ship that are attributable to insertion of new technology + into that ship, as compared to the technology baseline as it + was defined prior to October 1, 2019. + ``(5) The amounts of increases or decreases to cost + required to correct deficiencies that may affect the safety of + the ship and personnel or otherwise preclude the ship from safe + operations and crew certification. + ``(6) With respect to the aircraft carrier designated as + CVN-78, the amounts of increases or decreases in costs of that + ship that are attributable solely to an urgent and unforeseen + requirement identified as a result of the shipboard test + program. + ``(7) With respect to the aircraft carrier designated as + CVN-79, the amounts of increases not exceeding $100,000,000 if + the Chief of Naval Operations determines that achieving the + amount set forth in subsection (a)(2) would result in + unacceptable reductions to the operational capability of the + ship. + ``(c) Limitation on Technology Insertion Cost Adjustment.--The +Secretary of the Navy may use the authority under paragraph (4) of +subsection (b) to adjust the amount set forth in subsection (a) for a +ship referred to in that subsection with respect to insertion of new +technology into that ship only if-- + ``(1) the Secretary determines, and certifies to the + congressional defense committees, that insertion of the new + technology would lower the life-cycle cost of the ship; or + ``(2) the Secretary determines, and certifies to the + congressional defense committees, that insertion of the new + technology is required to meet an emerging threat and the + Secretary of Defense certifies to those committees that such + threat poses grave harm to national security. + ``(d) Limitation on Shipboard Test Program Cost Adjustment.--The +Secretary of the Navy may use the authority under paragraph (6) of +subsection (b) to adjust the amount set forth in subsection (a) for the +aircraft carrier designated CVN-78 for reasons relating to an urgent +and unforeseen requirement identified as a result of the shipboard test +program only if-- + ``(1) the Secretary determines, and certifies to the + congressional defense committees, that such requirement was not + known before the date of the submittal to Congress of the + budget for fiscal year 2020 (as submitted pursuant to section + 1105 of title 31, United States Code); + ``(2) the Secretary determines, and certifies to the + congressional defense committees, that waiting on an action by + Congress to raise the cost cap specified in subsection (a)(1) + to account for such requirement will result in a delay in the + date of initial operating capability of that ship; and + ``(3) the Secretary submits to the congressional defense + committees a report setting forth a description of such + requirement before the obligation of additional funds pursuant + to such authority. + ``(e) Exclusion of Battle and Interim Spares From Cost +Limitation.--The Secretary of the Navy shall exclude from the +determination of the amounts set forth in subsection (a), the costs of +the following items: + ``(1) CVN-78 class battle spares. + ``(2) Interim spares. + ``(f) Written Notice of Change in Amount.--The Secretary of the +Navy shall submit to the congressional defense committees written +notice of any change in the amount set forth in subsection (a) +determined to be associated with a cost covered in subsection (b) not +less than 30 days prior to making such change.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +8691 the following new item: + +``Sec. 8692. Ford-class aircraft carrier cost limitation baselines.''. + (c) Repeal of Superseded Provision.--Section 122 of the John Warner +National Defense Authorization Act for Fiscal Year 2007 (Public Law +109-364; 120 Stat. 2104) is repealed. + +SEC. 124. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT DOCK + DESIGNATED LPD-31. + + (a) In General.--The Secretary of the Navy may enter into a +contract for the design and construction of the amphibious transport +dock designated LPD-31 using amounts authorized to be appropriated for +the Department of Defense for Shipbuilding and Conversion, Navy. + (b) Use of Incremental Funding.--With respect to the contract +entered into under subsection (a), the Secretary may use incremental +funding to make payments under the contract with amounts authorized to +be appropriated in fiscal years 2019, 2020, and 2021. + (c) Condition for Out-year Contract Payments.--The contract +entered into under subsection (a) shall provide that any obligation of +the United States to make a payment under such contract for any fiscal +year after fiscal year 2020 is subject to the availability of +appropriations for that purpose for such fiscal year. + +SEC. 125. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM. + + (a) Authority to Use Incremental Funding.--The Secretary of the +Navy may enter into and incrementally fund a contract for detail design +and construction of the LHA replacement ship designated LHA 9 and, +subject to subsection (b), funds for payments under the contract may be +provided from amounts authorized to be appropriated for the Department +of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2019 +through 2025. + (b) Condition for Out-year Contract Payments.--A contract entered +into under subsection (a) shall provide that any obligation of the +United States to make a payment under the contract for any subsequent +fiscal year is subject to the availability of appropriations for that +purpose for such subsequent fiscal year. + (c) Repeal of Obsolete Authority.--Section 125 of the John Warner +National Defense Authorization Act for Fiscal Year 2007 (Public Law +109-364; 120 Stat. 2106) is repealed. + +SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL COMBAT + SHIP. + + (a) Limitation.--None of the amounts authorized to be appropriated +by this Act or otherwise made available for the Department of Defense +for fiscal year 2020 may be used to exceed the total procurement +quantity listed in revision five of the Littoral Combat Ship +acquisition strategy unless the Under Secretary of Defense for +Acquisition and Sustainment submits to the congressional defense +committees the certification described in subsection (b). + (b) Certification.--The certification described in this subsection +is a certification by the Under Secretary that awarding a contract for +the procurement of a Littoral Combat Ship that exceeds the total +procurement quantity listed in revision five of the Littoral Combat +Ship acquisition strategy-- + (1) is in the national security interests of the United + States; + (2) will not result in exceeding the low-rate initial + production quantity approved in the Littoral Combat Ship + acquisition strategy in effect as of the date of the + certification; and + (3) is necessary to maintain a full and open competition + for the Guided Missile Frigate (FFG(X)) with a single source + award in fiscal year 2020. + (c) Definition.--The term ``revision five of the Littoral Combat +Ship acquisition strategy'' means the fifth revision of the Littoral +Combat Ship acquisition strategy approved by the Under Secretary of +Defense for Acquisition and Sustainment on March 26, 2018. + +SEC. 127. LIMITATION ON THE NEXT NEW CLASS OF NAVY LARGE SURFACE + COMBATANTS. + + (a) In General.--Milestone B approval may not be granted for the +next new class of Navy large surface combatants unless the class of +Navy large surface combatants incorporates prior to such approval-- + (1) design changes identified during the full duration of + the combat system ship qualification trials and operational + test periods of the first Arleigh Burke-class destroyer in the + Flight III configuration to complete such events; and + (2) final results of test programs of engineering + development models or prototypes for critical systems specified + by the Senior Technical Authority pursuant to section 8669b of + title 10, United States Code, as added by section 1017 of this + Act, in their final form, fit, and function and in a realistic + environment, which shall include a land-based engineering site + if the propulsion system will utilize integrated electric power + technology, including electric drive propulsion. + (b) Limitation.--The Secretary of the Navy may not release a detail +design or construction request for proposals or obligate funds from the +Shipbuilding and Conversion, Navy account for the next new class of +Navy large surface combatants until the class of Navy large surface +combatants receives Milestone B approval and the milestone decision +authority notifies the congressional defense committees, in writing, of +the actions taken to comply with the requirements under subsection (a). + (c) Definitions.--In this section: + (1) The term ``Milestone B approval'' has the meaning given + the term in section 2366(e)(7) of title 10, United States Code. + (2) The term ``milestone decision authority'' means the + official within the Department of Defense designated with the + overall responsibility and authority for acquisition decisions + for the program, including authority to approve entry of the + program into the next phase of the acquisition process. + (3) The term ``large surface combatants'' means Navy + surface ships that are designed primarily to engage in attacks + against airborne, surface, subsurface, and shore targets, + excluding frigates and littoral combat ships. + +SEC. 128. REFUELING AND COMPLEX OVERHAULS OF THE U.S.S. JOHN C. STENNIS + AND U.S.S. HARRY S. TRUMAN. + + (a) Refueling and Complex Overhaul.--The Secretary of the Navy +shall carry out the nuclear refueling and complex overhaul of the +U.S.S. John C. Stennis (CVN-74) and U.S.S. Harry S. Truman (CVN-75). + (b) Use of Incremental Funding.--With respect to any contract +entered into under subsection (a) for the nuclear refueling and complex +overhauls of the U.S.S. John C. Stennis (CVN-74) and U.S.S. Harry S. +Truman (CVN-75), the Secretary may use incremental funding for a period +not to exceed six years after advance procurement funds for such +nuclear refueling and complex overhaul effort are first obligated. + (c) Condition for Out-year Contract Payments.--Any contract entered +into under subsection (a) shall provide that any obligation of the +United States to make a payment under the contract for a fiscal year +after fiscal year 2020 is subject to the availability of appropriations +for that purpose for that later fiscal year. + +SEC. 129. REPORT ON CARRIER WING COMPOSITION. + + (a) In General.--Not later than May 1, 2020, the Secretary of the +Navy shall submit to the congressional defense committees a report on +the optimal composition of the carrier air wing in 2030 and 2040, +including alternative force design concepts. + (b) Elements.--The report required under subsection (a) shall +include the following elements: + (1) Analysis and justification for the Navy's stated goal + of a 50/50 mix of 4th and 5th generation aircraft for 2030. + (2) Analysis and justification for an optimal mix of + carrier aircraft for 2040. + (3) A plan for incorporating unmanned aerial vehicles and + associated communication capabilities to effectively implement + the future force design. + (c) Briefing.--Not later than March 1, 2020, the Secretary of the +Navy shall provide the congressional defense committees a briefing on +the report required under subsection (a). + + Subtitle D--Air Force Programs + +SEC. 141. REQUIREMENT TO ALIGN AIR FORCE FIGHTER FORCE STRUCTURE WITH + NATIONAL DEFENSE STRATEGY AND REPORTS. + + (a) Required Submission of Strategy.--Not later than March 1, 2020, +the Secretary of the Air Force shall submit to the congressional +defense committees a fighter force structure acquisition strategy that +is aligned with the results of the reports submitted under subtitle D +of title I of the National Defense Authorization Act for Fiscal Year +2018 (Public Law 115-91) and the Air Force's stated requirements to +meet the National Defense Strategy. + (b) Alignment With Strategy.--The Secretary of the Air Force may +not deviate from the strategy submitted under subsection (a) until-- + (1) the Secretary receives a waiver and justification from + the Secretary of Defense; and + (2) 30 days after notifying the congressional defense + committees of the proposed deviation. + +SEC. 142. REQUIREMENT TO ESTABLISH THE USE OF AN AGILE DEVOPS SOFTWARE + DEVELOPMENT SOLUTION AS AN ALTERNATIVE FOR JOINT STRIKE + FIGHTER AUTONOMIC LOGISTICS INFORMATION SYSTEM. + + (a) Establishment of an Alternative Agile DevOps Software +Development Program.--The Secretary of Defense shall establish a +software development activity using Agile DevOps to create an +alternative solution for the Joint Strike Fighter Autonomic Logistics +Information System (ALIS). + (b) Competitive Analysis.--The Secretary of Defense shall carry out +a competitive analysis of the efforts between Autonomic Logistics +Information System, Autonomic Logistics Information System-Next, and +Madhatter, including with respect to transition opportunities and +timelines. + (c) Briefing.--Not later than September 30, 2020, the Secretary of +Defense, in consultation with the Secretary of the Air Force, shall +provide the congressional defense committees a briefing on the findings +of the Secretary of Defense with respect to the competitive analysis +carried out under subsection (b). + +SEC. 143. REPORT ON FEASIBILITY OF MULTIYEAR CONTRACT FOR PROCUREMENT + OF JASSM-ER MISSILES. + + (a) In General.--Not later than March 31, 2020, the Secretary of +the Air Force shall submit a report to the congressional defense +committees assessing the feasibility of entering into a multiyear +contract for procurement of JASSM-ER missiles starting in fiscal year +2022. + (b) Elements.--The report required under subsection (a) shall +include the following elements: + (1) An initial assessment of cost savings to the Air Force + from a multiyear contract. + (2) An analysis of at least two different multiyear + contract options that vary in either duration or quantity, at + least one of which assumes a maximum procurement of 550 + missiles per year for 5 years. + (3) An assessment of how a multiyear contract will impact + the industrial base. + (4) An assessment of how a multiyear contract will impact + the Long Range Anti-Ship Missile. + (5) An assessment of how a multiyear contract will impact + the ability of the Air Force to develop additional capabilities + for the JASSM-ER missile. + +SEC. 144. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) it is critical that the Air Force has the capability to + train against an advanced air adversary in order to be prepared + for conflicts against a modern enemy force, and that in order + to have this capability, the Air Force must have access to an + advanced adversary force prior to United States adversaries + fielding a 5th-generation operational capability; and + (2) the Air Force's plan to use low-rate initial production + F-35As as aggressor aircraft reflects a recognition of the need + to field a modernized aggressor fleet. + (b) Report.-- + (1) In general.--The Secretary of the Air Force may not + transfer any low-rate initial production F-35 aircraft for use + as aggressor aircraft until the Chief of Staff of the Air Force + submits to the congressional defense committees a comprehensive + plan and report on the strategy for modernizing its organic + aggressor fleet. + (2) Elements.--The report required under paragraph (1) + shall include the following elements: + (A) Potential locations for F-35A aggressor + aircraft, including an analysis of installations that-- + (i) have the size and availability of + airspace necessary to meet flying operations + requirements; + (ii) have sufficient capacity and + availability of range space; + (iii) are capable of hosting advanced- + threat training exercises; and + (iv) meet or require minimal addition to + the environmental requirements associated with + the basing action. + (B) An analysis of the potential cost and benefits + of expanding aggressor squadrons currently operating 18 + Primary Assigned Aircraft (PAA) to a level of 24 PAA + each. + (C) An analysis of the cost and timelines + associated with modernizing the current Air Force + aggressor squadrons to include upgrading aircraft + radar, infrared search-and-track systems, radar warning + receiver, tactical datalink, threat-representative + jamming pods, and other upgrades necessary to provide a + realistic advanced adversary threat. + +SEC. 145. AIR FORCE PLAN FOR COMBAT RESCUE HELICOPTER FIELDING. + + (a) Sense of Congress.--It is the sense of Congress that, given +delays to Operational Loss Replacement (OLR) program fielding and the +on-time fielding of Combat Rescue Helicopter (CRH), the Air National +Guard should retain additional HH-60G helicopters at Air National Guard +locations to meet their recommended primary aircraft authorized (PAA) +per the Air Force's June 2018 report on Air National Guard HH-60 +requirements. + (b) Report on Fielding Plan.-- + (1) In general.--Not later than 45 days after the date of + the enactment of this Act, the Secretary of the Air Force shall + submit to the congressional defense committees a report on its + fielding plan for the CRH program. + (2) Elements.--The report required under paragraph (1) + shall include the following elements: + (A) A description of the differences in + capabilities between the HH-60G, OLR, and CRH + helicopters. + (B) A description of the costs and risks associated + with changing the CRH fielding plan to reduce or + eliminate inventory shortfalls. + (C) A description of the measures for accelerating + the program available within the current contract. + (D) A description of the operational risks and + benefits associated with fielding the CRH to the active + component first, including-- + (i) how the differing fielding plan may + affect deployment schedules; + (ii) what capabilities active-component + units deploying with the CRH will have that + reserve component units deploying with OLR will + not; and + (iii) an analysis of the potential costs + and benefits that could result from + accelerating CRH fielding to all units through + additional funding in the future years defense + program. + (c) Report on Training Plan.-- + (1) In general.--Not later than 45 days after the date of + the enactment of this Act, the Secretary of the Air Force shall + submit to the congressional defense committees a report on the + plan to sustain training for initial-entry reserve component + HH-60G pilots once the active component of the Air Force has + received all of its CRH helicopters. + (2) Elements.--The report required under paragraph (1) + shall include the following elements: + (A) Projected reserve component aircrew initial HH- + 60G/OLR qualification training requirements, by year. + (B) The number of legacy HH-60G/OLR helicopters + required to continue providing initial HH-60G + qualification training through the 150th Special + Operations Wing at Kirtland Air Force Base. + (C) The number of personnel required to continue + providing initial HH-60G/OLR qualification training + through the 150th Special Operations Wing at Kirtland + Air Force Base. + (D) The number of flying hours required per pilot + to perform ``differences training'' at home station for + initial entry HH-60 pilots receiving CRH training at + Kirtland Air Force Base to become qualified in the HH- + 60G/OLR at their home station. + (E) The projected effect of using local flying + training hours at reserve component units on overall + unit training readiness and ability to meet Ready + Aircrew Program requirements. + +SEC. 146. MILITARY TYPE CERTIFICATION FOR AT-6 AND A-29 LIGHT ATTACK + EXPERIMENTATION AIRCRAFT. + + The Secretary of the Air Force shall conduct a military type +certification for the AT-6 and A-29 light attack experimentation +aircraft pursuant to the DoD Directive on Military Type Certificates, +5030.61. + + Subtitle E--Defense-wide, Joint, and Multiservice Matters + +SEC. 151. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICATIONS + SYSTEMS LACKING CERTAIN RESILIENCY FEATURES. + + (a) In General.--Except as provided under subsection (b), none of +the funds authorized to be appropriated by this Act or otherwise made +available for the Department of Defense for fiscal year 2020 may be +used for the procurement of a current or future Department of Defense +communication program of record unless the communications equipment-- + (1) provides the ability to deny geolocation of a + transmission that would allow enemy targeting of the force; + (2) provides the ability to securely communicate classified + information in a jamming environment of like-echelon forces; + and + (3) utilizes a waveform that is made available in the + Department of Defense Waveform Information Repository. + (b) Waiver.--The Secretary of a military department may waive the +requirement under subsection (a) with respect to a communications +system upon certifying to the congressional defense committees that the +system will not require resiliency due to its expected use. + +SEC. 152. F-35 SUSTAINMENT COST. + + (a) Quarterly Report.--The Under Secretary of Defense for +Acquisition and Sustainment shall include in the quarterly report +required under section 155 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232)-- + (1) sustainment cost data related to the F-35 program, + including a comparison in itemized format of the cost of legacy + aircraft and the cost of the F-35 program, based on a + standardized set of criteria; and + (2) a progress report on the extent to which the goals + developed pursuant to subsection (b) are being achieved. + (b) Cost Reduction Plan.-- + (1) In general.--The Under Secretary of Defense for + Acquisition and Sustainment shall develop a plan for achieving + significant reductions in the cost to operate and maintain the + F-35 aircraft. + (2) Elements.--The plan required under paragraph (1) shall + include the following elements: + (A) Specific changes in the management of operation + and support (O&S) cost to engender continuous process + improvement. + (B) Specific actions the Department will implement + in the near term to reduce O&S cost. + (C) Concrete timelines for implementing the + specific actions and process changes. + (3) Report.--Not later than 180 days after the date of the + enactment of this Act, the Under Secretary shall submit to the + congressional defense committees a report on the baseline plan + for achieving operation and support cost savings. + +SEC. 153. ECONOMIC ORDER QUANTITY CONTRACTING AUTHORITY FOR F-35 JOINT + STRIKE FIGHTER PROGRAM. + + The Secretary of Defense is authorized to award multiyear contracts +for the procurement of F-35 aircraft in economic order quantities for +fiscal year 2021 (Lot 15) through fiscal year 2023 (Lot 17). + +SEC. 154. REPEAL OF TACTICAL UNMANNED VEHICLE COMMON DATA LINK + REQUIREMENT. + + Section 141 of the National Defense Authorization Act for Fiscal +Year 2006 (Public Law 109-163; 119 Stat. 3163) is hereby repealed. + + TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + + Subtitle A--Authorization of Appropriations + +SEC. 201. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Department of Defense for research, development, +test, and evaluation, as specified in the funding table in section +4201. + + Subtitle B--Program Requirements, Restrictions, and Limitations + +SEC. 211. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE SECURE, LOW + PROBABILITY OF DETECTION DATA LINK NETWORK CAPABILITY. + + (a) Strategy Required.--Not later than March 1, 2020, the Chief of +Staff of the Air Force and Chief of Naval Operations shall jointly +submit to the congressional defense committees a joint development and +acquisition strategy to procure a secure, low probability of detection +data link network capability, with the ability to effectively operate +in hostile jamming environments while preserving the low observability +characteristics of the relevant platforms, including both existing and +planned platforms. + (b) Network Characteristics.--The data link network capability to +be procured pursuant to the development and acquisition strategy +submitted under subsection (a) shall-- + (1) ensure that any network made with such capability will + be low risk and affordable, with minimal impact or change to + existing host platforms and minimal overall integration costs; + (2) use a non-proprietary and open systems approach + compatible with the Rapid Capabilities Office Open Mission + Systems initiative of the Air Force and the Future Airborne + Capability Environment initiative of the Navy; and + (3) provide for an architecture to connect, with + operationally relevant throughput and latency-- + (A) fifth-generation combat aircraft; + (B) fifth-generation and fourth-generation combat + aircraft; + (C) fifth-generation and fourth-generation combat + aircraft and appropriate support aircraft and other + network nodes for command, control, communications, + intelligence, surveillance, and reconnaissance + purposes; and + (D) fifth-generation and fourth-generation combat + aircraft and their associated network-enabled precision + weapons. + (c) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2020 for operation and +maintenance for the Office of the Secretary of the Air Force and for +operations and maintenance for the Office of the Secretary of the Navy, +not more than 50 percent may be obligated or expended until the date +that is 15 days after the date on which the Chief of Staff of the Air +Force and Chief of Naval Operations submit the development and +acquisition strategy required by subsection (a). + +SEC. 212. ESTABLISHMENT OF SECURE NEXT-GENERATION WIRELESS NETWORK (5G) + INFRASTRUCTURE FOR THE NEVADA TEST AND TRAINING RANGE AND + BASE INFRASTRUCTURE. + + (a) Establishment Required.--Not later than one year after the date +of the enactment of this Act, the Secretary of Defense shall establish +secure fifth-generation wireless network components and capabilities at +no fewer than two Department of Defense installations in accordance +with this section. + (b) First Installation.-- + (1) Location.--The Secretary shall establish components and + capabilities under subsection (a) at the Nevada Test and + Training Range, which shall serve as the Department's Major + Range and Test Facility Base (MRTFB) for fifth-generation + wireless networking. + (2) Objective.--The Secretary shall ensure that the + establishment of components and capabilities under subsection + (a) at the range described in paragraph (1) of this subsection + will allow the Department to explore and demonstrate the + utility of using fifth-generation wireless networking + technology to enhance combat operations. + (3) Purpose.--The purpose of the establishment of + components and capabilities under subsection (a) at the range + described in paragraph (1) of this subsection is to demonstrate + the following: + (A) The potential military utility of high + bandwidth, scalable, and low latency fifth-generation + wireless networking technology. + (B) Advanced security technology that is applicable + to fifth-generation networks as well as legacy + Department command and control networks. + (C) Secure interoperability with fixed and wireless + systems (legacy and future systems). + (D) Enhancements such as spectrum and waveform + diversity, frequency hopping and spreading, and beam + forming for military requirements. + (E) Technology for dynamic network slicing for + specific use cases and applications requiring varying + levels of latency, scale, and throughput. + (F) Technology for dynamic spectrum sharing and + network isolation. + (c) Second and Additional Installations.-- + (1) Location.--The location of the second and any + additional installations for establishment of components and + capabilities under subsection (a) shall be at such Department + installation or installations as the Secretary considers + appropriate for the purpose set forth in paragraph (2) of this + subsection. + (2) Purposes.--The purpose of the second and any additional + installations for establishment of components and capabilities + under subsection (a) is to explore and demonstrate + infrastructure implementations of the following: + (A) Base infrastructure installation of high + bandwidth, scalable, and low latency fifth-generation + wireless networking technology. + (B) Applications for secure fifth-generation + wireless network capabilities for the Department, such + as the following: + (i) Interactive augmented reality or + synthetic training environments. + (ii) Internet of things devices. + (iii) Autonomous systems. + (iv) Advanced manufacturing through the + following: + (I) Department-sponsored centers + for manufacturing innovation (as + defined in section 34(c) of the + National Institute of Standards and + Technology Act (15 U.S.C. 278s(c))). + (II) Department research and + development organizations. + (III) Manufacturers in the defense + industrial base of the United States. + +SEC. 213. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION CAPABILITY + INCREMENT 2 ENDURING CAPABILITY. + + (a) Limitation and Report.--None of the funds authorized to be +appropriated by this Act or otherwise made available for fiscal year +2020 for the Army may be obligated or expended for research, +development, test, and evaluation for the Indirect Fire Protection +Capability Increment 2 enduring capability until the Secretary of the +Army submits to the congressional defense committees a report on the +Indirect Fire Protection Capability Increment 2 program that contains +the following: + (1) An assessment of whether the requirements previously + established for the program meet the anticipated threat at the + time of planned initial operating capability and fully + operating capability. + (2) A list of candidate systems considered to meet the + Indirect Fire Protection Capability Increment 2 requirement, + including those fielded or in development by the Army, the + Missile Defense Agency, and other elements of the Department of + Defense. + (3) An assessment of each candidate system's capability + against representative threats. + (4) An assessment of other relevant specifications of each + candidate system, including cost of development, cost per round + if applicable, technological maturity, and logistics and + sustainment. + (5) A plan for how the Army will integrate the chosen + system or systems into the Integrated Air and Missile Defense + Battle Command System. + (b) Certification Required.--Not later than 10 days after the date +on which the President submits the annual budget request of the +President for fiscal year 2021 pursuant to section 1105 of title 31, +United States Code, the Secretary of the Army shall, without +delegation, submit to the congressional defense committees a +certification that identifies a program of record contained within that +budget request that will meet the requirement in Department of Defense +Directive 5100.01 to conduct air and missile defense to support joint +campaigns as it applies to defense against supersonic cruise missiles. + +SEC. 214. ELECTROMAGNETIC SPECTRUM SHARING RESEARCH AND DEVELOPMENT + PROGRAM. + + (a) Program Establishment.--The Secretary of Defense, in +consultation with the Administrator of the National Telecommunications +and Information Administration, and the Federal Communications +Commission shall jointly establish an electromagnetic spectrum sharing +research and development program to promote the establishment of +innovative technologies and techniques to facilitate electromagnetic +spectrum sharing between fifth-generation wireless networking +technologies, Federal systems, and other non-Federal incumbent systems. + (b) Establishment of Test Beds.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary, in coordination with + the Administrator and the Commission, shall, as part of the + program established under subsection (a), establish at least + two test beds to demonstrate the potential for cohabitation + between fifth-generation wireless networking technologies, + other incumbent non-Federal systems, and Federal systems. + (2) Co-location of test beds.--The test beds established + under paragraph (1) may be co-located, if a single geographic + location can provide a sufficient diversity of Federal systems. + If not, test beds established under this subsection shall + coordinate to share results and best practices identified in + each location. + (c) Development of Department of Defense Integrated Spectrum +Automation Enterprise Strategy.-- + (1) In general.--Not later than May 1, 2020, the Secretary + and the Administrator of the National Telecommunications and + Information Administration, in consultation with the Federal + Communications Commission, shall jointly propose an integrated + spectrum automation enterprise strategy for the Department of + Defense to address management of electromagnetic spectrum, + including both Federal and non-Federal spectrum that is shared + by the Department of Defense or could be used for national + security missions in the future, including on a shared basis. + (2) Matters encompassed.--The strategy developed under + subparagraph (A) shall encompass cloud-based databases, + artificial intelligence, system certification processes, public + facing application programming interfaces and online tools, and + electromagnetic spectrum compatibility analyses for sharing of + electromagnetic spectrum. + (d) Periodic Briefings.--Not later than 180 days after the date of +the enactment of this Act and not less frequently than once every 180 +days thereafter until the Secretary submits the report required by +subsection (e), the Secretary, in consultation with the Administrator +and the Commission, shall brief the appropriate committees of Congress +on the progress of the test beds established under subsection (b). + (e) Report.-- + (1) In general.--Not later than October 1, 2022, the + Secretary, in consultation with the Administrator and the + Commission, shall submit to the appropriate committees of + Congress a report on the results of the test beds established + under subsection (b). + (2) Recommendations.--The report submitted under paragraph + (1) shall include recommendations to facilitate sharing + frameworks in the bands of electromagnetic spectrum that are + the subject of the test beds. + (f) Appropriate Committees of Congress.--In this subsection, the +term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services and the Committee on + Commerce, Science, and Transportation of the Senate; and + (2) the Committee on Armed Services and the Committee on + Energy and Commerce of the House of Representatives. + +SEC. 215. SENSE OF THE SENATE ON THE ADVANCED BATTLE MANAGEMENT SYSTEM. + + It is the sense of the Senate that-- + (1) the Senate supports the vision of the Air Force for the + Advanced Battle Management System (ABMS) as a system of systems + that can integrate air, space, and other systems to detect, + track, target, and direct effects against threats in all + domains; + (2) such a capability will be essential to the ability of + the Air Force to operate effectively as part, and in support, + of the Joint Force, especially in the highly-contested + operating environments established by near-peer competitors; + (3) the Senate is concerned that the Air Force has not + moved quickly enough over the past year to begin defining the + requirements and maturing the technologies that will be + essential for the Advanced Battle Management System, especially + in light of the pending retirement of the Joint Surveillance + and Target Attack Radar System (JSTARS) aircraft that the + Advanced Battle Management System is conceived, in part, to + replace; + (4) the Senate understands that the Air Force is moving + deliberately to analyze alternative concepts for the Advanced + Battle Management System and adopt an architectural approach to + its design; + (5) the Advanced Battle Management System, as a multidomain + system of systems, must have a central command and control + capability that can integrate these systems into a unified + warfighting capability; + (6) emerging technologies, such as artificial intelligence + and automated sensor fusion, should be built into the command + and control capability for the Advanced Battle Management + System from the start; + (7) such technologies would improve the ability of the + Advanced Battle Management System to support human operators + with-- + (A) the rapid processing and fusion of multidomain + sensor data; + (B) the highly-automated identification, + classification, tracking, and targeting of threats in + all domains; + (C) the creation of a real-time common operating + picture from multidomain intelligence; and the ability + to direct effects on the battlefield at machine-to- + machine speeds from all of the systems comprising the + Advanced Battle Management System; and + (8) for an effort as ambitious and complex as the Advanced + Battle Management System, the Senate encourages the Air Force + to use existing acquisition authorities to begin a rapid + prototyping effort to refine the requirements and software- + intensive technologies that will be integral to the command and + control capability of the Advanced Battle Management System. + +SEC. 216. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZATION PROGRAM. + + (a) Making the Program Permanent.-- + (1) In general.--Section 1603 of the National Defense + Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 + U.S.C. 2359 note) is amended by striking subsection (g). + (2) Conforming amendments.--Such section is further + amended-- + (A) in the section heading, by striking ``pilot''; + (B) in subsection (a)-- + (i) by striking ``Pilot''; and + (ii) by striking ``Pilot''; and + (C) by striking ``pilot'' each place it appears. + (b) Additional Improvements.--Such section, as amended by +subsection (a), is further amended-- + (1) in the section heading, by inserting ``of dual-use + technology'' after ``commercialization''; + (2) in subsection (a)-- + (A) by inserting ``of Dual-Use Technology'' before + ``Program''; and + (B) by inserting ``with a focus on priority defense + technology areas that attract public and private sector + funding, as well as private sector investment capital, + including from venture capital firms in the United + States,'' before ``in accordance''; + (3) in subsection (c)(4)(A)(iv), by inserting ``, which may + include access to venture capital'' after ``award''; + (4) by striking subsection (d); + (5) by redesignating subsection (e) as subsection (d); + (6) by striking subsection (f); and + (7) by adding at the end the following new subsection (e): + ``(e) Authorities.--In carrying out this section, the Secretary may +use the following authorities: + ``(1) Section 1599g of title 10 of the United States Code, + relating to public-private talent exchanges. + ``(2) Section 2368 of such title, relating to Centers for + Science, Technology, and Engineering Partnerships. + ``(3) Section 2374a of such title, relating to prizes for + advanced technology achievements. + ``(4) Section 2474 of such title, relating to Centers of + Industrial and Technical Excellence. + ``(5) Section 2521 of such title, relating to the + Manufacturing Technology Program. + ``(6) Section 225 of the National Defense Authorization Act + for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2359 note). + ``(7) Section 1711 of such Act (Public Law 115-91; 10 + U.S.C. 2505 note), relating to a pilot program on strengthening + manufacturing in the defense industrial base. + ``(8) Section 12 of the Stevenson-Wydler Technology + Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of + title 31, United States Code, relating to cooperative research + and development agreements.''. + +SEC. 217. MODIFICATION OF DEFENSE QUANTUM INFORMATION SCIENCE AND + TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. + + Section 234 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended-- + (1) in subsection (b)-- + (A) in paragraph (2)-- + (i) by inserting ``and international'' + after ``interagency''; and + (ii) by striking ``private sector'' + inserting ``private-sector and international''; + and + (B) in paragraph (6), by inserting ``, workforce,'' + after ``including facilities''; + (2) in subsection (c)-- + (A) in paragraph (2), by striking ``sciences;'' and + inserting the following: ``sciences, including through + coordination with-- + ``(A) the National Quantum Coordination Office; + ``(B) the National Science and Technology Council + Quantum Information Science Subcommittee; + ``(C) other Federal agencies; + ``(D) other elements and offices of the Department + of Defense; and + ``(E) appropriate private-sector organizations;''; + (B) in paragraph (3), by striking ``and'' at the + end; + (C) by redesignating paragraph (4) as paragraph + (5); and + (D) by inserting after paragraph (3) the following + new paragraph (4): + ``(4) develop, in coordination with appropriate Federal + entities, a taxonomy for quantum science activities and + requirements for relevant technology and standards; and''; and + (3) in subsection (d)(2)(D), by inserting ``a roadmap and'' + after ``including''. + +SEC. 218. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP. + + (a) Fellowship Program.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense, acting + through the Under Secretary of Defense for Research and + Engineering, shall establish a civilian fellowship program + designed to place eligible individuals within the Department of + Defense and Congress to increase the number of national + security professionals with science, technology, engineering, + and mathematics credentials employed by the Department and + Congress. + (2) Designation.--The fellowship program established under + paragraph (1) shall be known as the ``Technology and National + Security Fellowship'' (in this section referred to as the + ``fellows program''). + (3) Assignments.--Each individual selected for + participation in the fellows program shall be assigned to a one + year position within-- + (A) the Department of Defense; or + (B) a congressional office with emphasis on Armed + Forces and national security matters. + (4) Pay and benefits.--Each individual assigned to a + position under paragraph (3)-- + (A) shall be compensated at a rate of basic pay + that is equivalent to the rate of basic pay payable for + a position at level 10 of the General Schedule; and + (B) shall be treated as an employee of the United + States during the assignment. + (b) Eligible Individuals.--For purposes of this section, and +subject to subsection (e), an eligible individual is any individual +who-- + (1) is a citizen of the United States; and + (2) either-- + (A) expects to be awarded an undergraduate or + graduate degree that, as determined by the Secretary, + focuses on science, technology, engineering, or + mathematics course work not later than 180 days after + the date on which the individual submits an application + for participation in the fellows program; or + (B) possesses an undergraduate or graduate degree + that, as determined by the Secretary, focuses on + science, technology, engineering, or mathematics course + work that was awarded not earlier than one year before + the date on which the individual submits an application + for participation in the fellows program. + (c) Application.--Each individual seeking to participate in the +fellows program shall submit to the Secretary an application therefor +at such time and in such manner as the Secretary shall specify. + (d) Coordination.--In carrying out this section, the Secretary may +consider working through the following entities: + (1) The National Security Innovation Network. + (2) Other Department of Defense or public and private + sector organizations, as determined appropriate by the + Secretary. + (e) Modifications to Fellows Program.--The Secretary may modify the +terms and procedures of the fellows program in order to better achieve +the goals of the program and to support workforce needs of the +Department of Defense. + (f) Consultation.--The Secretary may consult with the heads of the +agencies, components, and other elements of the Department of Defense, +Members and committees of Congress, and such institutions of higher +education and private entities engaged in work on national security and +emerging technologies as the Secretary considers appropriate for +purposes of the fellows program, including with respect to assignments +in the fellows program. + +SEC. 219. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL TECHNOLOGY + PROGRAM. + + (a) Program Required.-- + (1) In general.--The Secretary of Defense, in coordination + with the Secretary of Homeland Security, the Secretary of + Energy, and the heads of such other Federal agencies as the + Secretary of Defense considers appropriate, shall carry out a + program on research, development, testing, evaluation, study, + and demonstration of technologies related to blue carbon + capture and direct air capture. + (2) Program goals.--The goals of the program established + under paragraph (1) are as follows: + (A) To develop technologies that capture carbon + dioxide from seawater and the air to turn such carbon + dioxide into clean fuels to enhance fuel and energy + security. + (B) To develop and demonstrate technologies that + capture carbon dioxide from seawater and the air to + reuse such carbon dioxide to create products for + military uses. + (C) To develop direct air capture technologies for + use-- + (i) at military installations or facilities + of the Department of Defense; or + (ii) in modes of transportation by the Navy + or the Coast Guard. + (3) Phases.--The program established under paragraph (1) + shall be carried out in two phases as follows: + (A) The first phase shall consist of research and + development and shall be carried out as described in + subsection (b). + (B) The second phase shall consist of testing and + evaluation and shall be carried out as described in + subsection (c), if the Secretary determines that the + results of the research and development phase justify + implementing the testing and evaluation phase. + (4) Designation.--The program established under paragraph + (1) shall be known as the ``Direct Air Capture and Blue Carbon + Removal Technology Program'' (in this section referred to as + the ``Program''). + (b) Research and Development Phase.-- + (1) In general.--During the research and development phase + of the Program, the Secretary of Defense shall conduct research + and development in pursuit of the goals set forth in subsection + (a)(2). + (2) Direct air capture.--The research and development phase + of the Program may include, with respect to direct air capture, + a front end engineering and design study that includes an + evaluation of direct air capture designs to produce fuel for + use-- + (A) at military installations or facilities of the + Department of Defense; or + (B) in modes of transportation by the Navy or the + Coast Guard. + (3) Duration.--The Secretary shall carry out the research + and development phase of the Program during a four-year period + commencing not later than 90 days after the date of the + enactment of this Act. + (4) Grants authorized.--The Secretary may carry out the + research and development phase of the Program through the award + of grants to private persons and eligible laboratories. + (5) Report required.--Not later than 180 days after the + date of the completion of the research and development phase of + the Program, the Secretary shall submit to Congress a report on + the research and development carried out under the Program. + (6) Funding for fiscal year 2020.--(A) The amount + authorized to be appropriated for fiscal year 2020 by section + 201 for research, development, test, and evaluation is hereby + increased by $8,000,000, with the amount of the increase to be + available for the research and development phase of the + Program. + (B) The amount authorized to be appropriated for fiscal + year 2020 by section 301 for operation and maintenance is + hereby decreased by $8,000,000, with the amount of the decrease + to be taken from amounts available for printing. + (7) Authorization of appropriations for future fiscal + years.--There is authorized to be appropriated to carry out the + research and development phase of the Program $10,000,000 for + each of fiscal years 2021 through 2023. + (c) Testing and Evaluation Phase.-- + (1) In general.--During the testing and evaluation phase of + the Program, the Secretary shall, in pursuit of the goals set + forth in subsection (a)(2), conduct tests and evaluations of + the technologies researched and developed during the research + and development phase of the Program. + (2) Direct air capture.--The testing and evaluation phase + of the Program may include demonstration projects for direct + air capture to produce fuels for use-- + (A) at military installations or facilities of the + Department of Defense; or + (B) in modes of transportation by the Navy or the + Coast Guard. + (3) Duration.--The Secretary shall carry out the testing + and evaluation phase of the Program during the three-year + period commencing on the date of the completion of the research + and development phase described in subsection (b), except that + the testing and evaluation phase of the Program with respect to + direct air capture may commence at such time after a front end + engineering and design study demonstrates to the Secretary that + commencement of such phase is appropriate. + (4) Grants authorized.--The Secretary may carry out the + testing and evaluation phase of the Program through the award + of grants to private persons and eligible laboratories. + (5) Locations.--The Secretary shall carry out the testing + and evaluation phase of the Program at military installations + or facilities of the Department of Defense. + (6) Report required.--Not later than September 30, 2026, + the Secretary shall submit to Congress a report on the findings + of the Secretary with respect to the effectiveness of the + technologies tested and evaluated under the Program. + (7) Authorization of appropriations.--There is authorized + to be appropriated to carry out the testing and evaluation + phase of the Program $15,000,000 for each of fiscal years 2024 + through 2026. + (d) Definitions.--In this section: + (1) The term ``blue carbon capture'' means the removal of + dissolved carbon dioxide from seawater through engineered or + inorganic processes, including filters, membranes, or phase + change systems. + (2)(A) 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. + (B) The term ``direct air capture'' does not include any + facility, technology, or system that captures carbon dioxide-- + (i) that is deliberately released from a naturally + occurring subsurface spring; or + (ii) using natural photosynthesis. + (3) The term ``eligible laboratory'' means-- + (A) a National Laboratory (as defined in section 2 + of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or + (B) a laboratory of the Department of Defense. + + Subtitle C--Reports and Other Matters + +SEC. 231. NATIONAL SECURITY EMERGING BIOTECHNOLOGIES RESEARCH AND + DEVELOPMENT PROGRAM. + + (a) Establishment.--The Secretary of Defense shall carry out a +research and development program on applications of emerging +biotechnologies for the national security purposes set forth in +subsection (b). + (b) National Security Purposes.--The national security purposes set +forth in this subsection are as follows: + (1) To ensure military understanding and relevancy of + applications of emerging biotechnologies in meeting national + security requirements. + (2) To coordinate all research and development relating to + emerging biotechnologies within the Department of Defense and + to provide for interagency cooperation and collaboration on + research and development relating to emerging biotechnologies + between the Department and other departments and agencies of + the United States and appropriate private sector entities that + are involved in research and development relating to emerging + biotechnologies. + (3) To develop and manage a portfolio of fundamental and + applied emerging biotechnologies research initiatives that is + stable, consistent, and balanced across scientific disciplines. + (4) To collect, synthesize, and disseminate critical + information on research and development relating to emerging + biotechnologies within the national security establishment. + (5) To establish and support appropriate research, + innovation, and the industrial base, including facilities and + infrastructure, to support the needs of Department missions and + scientific workforce relating to emerging biotechnologies. + (6) To develop a technical basis to inform the intelligence + community on the analysis needs of the Department with respect + to emerging biotechnologies. + (c) Administration.--In carrying out the program required by +subsection (a), the Secretary shall act through the Under Secretary of +Defense for Research and Engineering, who shall supervise the planning, +management, and coordination of the program. The Under Secretary, in +consultation with the Secretaries of the military departments and the +heads of participating Defense Agencies and other departments and +agencies of the United States, shall-- + (1) prescribe a set of long-term challenges and a set of + broad technical goals for the program; + (2) develop a coordinated and integrated research and + investment plan for meeting near-, mid-, and long-term + challenges for achieving broad technical goals that build upon + the Department's investment in emerging biotechnologies + research and development, commercial sector and global + investments, and other United States Government investments in + emerging biotechnologies fields; + (3) not later than 180 days after the date of the enactment + of this Act, develop and continuously update guidance, + including classification guidance for defense-related emerging + biotechnologies activities, and policies for restricting access + to research to minimize the effects of loss of intellectual + property in basic and applied emerging biotechnologies and + information considered sensitive to the leadership of the + United States in the field of emerging biotechnologies; and + (4) develop memoranda of agreement, joint funding + agreements, and other cooperative arrangements necessary for + meeting long-term challenges and achieving specific technical + goals. + (d) Report.-- + (1) In general.--Not later than December 31, 2020, the + Secretary shall submit to the congressional defense committees + a report on the program carried out under subsection (a). + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) An assessment of the potential national + security risks of emerging biotechnologies + technologies. + (B) An assessment of the efforts of foreign powers + to use emerging biotechnologies for military + applications and other purposes. + (C) A description of the knowledge-base of the + Department with respect to emerging biotechnologies, + plans to defend against potential national security + threats posed by emerging biotechnologies, and any + plans of the Secretary to enhance such knowledge-base. + (D) A plan that describes how the Secretary intends + to use emerging biotechnologies for military + applications and to meet other needs of the Department. + (E) A description of activities undertaken + consistent with this section, including funding for + activities consistent with the section. + (F) Such other matters as the Secretary considers + appropriate. + (3) Form.--The report submitted under paragraph (1) shall + be submitted in unclassified form, but may include a classified + annex. + (e) Definition of Emerging Biotechnologies.--In this section, the +term ``emerging biotechnologies'' includes the following: + (1) Engineered biology, which is the application of + engineering design principles and practices to biological, + genetic, molecular, and cellular systems to enable novel + functions and capabilities. + (2) Neurotechnology, which refers to central and peripheral + nervous system interfaces that leverage structural, + computational, and mathematical modeling to develop devices + that decode neural activity (identify how it corresponds to a + particular behavior or cognitive state, such as sensorimotor + function, memory, or neuropsychiatric function) and use this + information to deliver targeted interventions or therapies to + facilitate performance. + (3) Performance enhancement, namely technologies that + augment human physiology at the cellular, molecular, and + physiological levels giving the end user novel or enhanced + physical and psychological capabilities. + (4) Gene editing, including tools that facilitate + deoxyribonucleic acid (DNA) sequence deletion, replacement, or + insertion into cellular or organismal genetic material, thereby + modulating genetic function for applications that include + treating and preventing disease, and improving function of + biological systems. + (5) Biomolecular sequencing and synthesis, namely the + processes by which biomolecular components (such as + deoxyribonucleic acid and ribonucleic acid) can be measured + (sequencing) or generated (synthesis) for uses in engineering + biology, biomanufacturing, and other medical and nonmedical + applications. + +SEC. 232. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES ROADMAP AND REPORTS. + + (a) Roadmap for Science and Technology Activities to Support +Development of Cyber Capabilities.-- + (1) Roadmap required.--The Secretary of Defense, acting + through the Under Secretary of Defense for Research and + Engineering, shall develop a roadmap for science and technology + activities of the Department of Defense to support development + of cyber capabilities to meet Department needs and missions. + (2) Goal of consistency.--The Secretary shall develop the + roadmap required by paragraph (1) to ensure consistency with + appropriate Federal interagency, industry, and academic + activities. + (3) Scope.--The roadmap required by paragraph (1) shall-- + (A) cover the development of capabilities that will + likely see operational use within the next 25 years or + earlier; and + (B) address cyber operations and cybersecurity. + (4) Consultation.--The Secretary shall develop the roadmap + required by paragraph (1) in consultation with the following: + (A) The Chief Information Officer of the + Department. + (B) The secretaries and chiefs of the military + departments. + (C) The Director of Operational Test and + Evaluation. + (D) The Commander of the United States Cyber + Command. + (E) The Director of the National Security Agency. + (F) The Director of the Defense Information Systems + Agency. + (G) The Director of the Defense Advanced Research + Projects Agency. + (H) The Director of the Defense Digital Service. + (5) Form.--The Secretary shall develop the roadmap required + by paragraph (1) in unclassified form, but may include a + classified annex. + (6) Publication.--The Secretary shall make available to the + public the unclassified form of the roadmap developed pursuant + to paragraph (1). + (b) Annual Report on Cyber Science and Technology Activities.-- + (1) Annual reports required.--In fiscal years 2021, 2022, + and 2023, the Under Secretary of Defense for Research and + Engineering submit to the Congressional Defense Committees a + report on the science and technology activities within the + Department of Defense relating to cyber matters during the + previous fiscal year, the current fiscal year, and the + following fiscal year. + (2) Contents.--Each report submitted pursuant to paragraph + (1) shall include, for the period covered by the report, a + description and listing of the science and technology + activities of the Department relating to cyber matters, + including the following: + (A) Extramural science and technology activities. + (B) Intramural science and technology activities. + (C) Major and minor military construction + activities. + (D) Major prototyping and demonstration programs. + (E) A list of agreements and activities transition + capabilities to acquisition activities, including-- + (i) national security systems; + (ii) business systems; and + (iii) enterprise and network systems. + (F) Efforts to enhance the national technical + cybersecurity workforce, including specific programs to + support education, training, internships, and hiring. + (G) Efforts to perform cooperative activities with + international partners. + (H) Efforts under the Small Business Innovation + Research and the Small Business Technology Transfer + Program, including estimated amounts in the request for + the following fiscal year. + (I) Efforts to encourage partnerships between the + Department of Defense and universities participating in + the National Centers of Academic Excellence in Cyber + Operations and Cyber Defense. + (3) Timing.--Each report submitted pursuant to paragraph + (1) shall be submitted concurrently with the annual budget + request of the President submitted pursuant to section 1105 of + title 31, United States Code. + (4) Form.--The report submitted under paragraph (1) shall + be submitted in unclassified form, but may include a classified + annex. + +SEC. 233. REQUIRING CERTAIN MICROELECTRONICS PRODUCTS AND SERVICES MEET + TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY STANDARDS. + + (a) Purchases.-- + (1) In general.--To protect the United States from + intellectual property theft and to ensure national security and + public safety in the application of new generations of wireless + network technology and microelectronics, beginning on January + 1, 2022, the Secretary of Defense shall-- + (A) ensure that each critical microelectronics + product and service that the Department of Defense + purchases on or after such date meets the trusted + supply chain and operational security standards + established pursuant to subsection (b), except in a + case in which the Department seeks to purchase a + critical microelectronics product or service, but-- + (i) no such product or service is available + for purchase that meets such standards; or + (ii) no such product or service is + available for purchase that-- + (I) meets such standards; and + (II) is available at a price that + the Secretary does not consider + prohibitively expensive; and + (B) to the maximum extent practicable, ensure that + each microelectronics product and service, other than a + critical microelectronics product and service, that is + purchased by the Department of Defense on or after such + date meets the trusted supply chain and operational + security standards established pursuant to subsection + (b). + (2) Critical microelectronics products and services.--For + purposes of this section, a critical microelectronics product + or service is a microelectronics product, or a service based on + such a product, that is designated by the Secretary as critical + to meeting national security needs. + (b) Trusted Supply Chain and Operational Security Standards.-- + (1) Standards required.--Not later than January 1, 2021, + the Secretary shall establish trusted supply chain and + operational security standards for the purchase of + microelectronics products and services by the Department. + (2) Consultation required.--In developing standards under + paragraph (1), the Secretary shall consult with the following: + (A) The Secretary of Homeland Security, the + Secretary of State, the Secretary of Commerce, and the + Director of the National Institute of Standards and + Technology. + (B) Suppliers of microelectronics products and + services from the United States and allies and partners + of the United States. + (C) Representatives of major United States industry + sectors that rely on a trusted supply chain and the + operational security of microelectronics products and + services. + (D) Representatives of the United States insurance + industry. + (3) Tiers of trust and security authorized.--In carrying + out paragraph (1), the Secretary may establish tiers of trust + and security within the supply chain and operational security + standards for microelectronics products and services. + (4) General applicability.--The standards established + pursuant to paragraph (1) shall be, to the greatest extent + practicable, generally applicable to the trusted supply chain + and operational security needs and use cases of the United + States Government and commercial industry, such that the + standards could be widely adopted by government and commercial + industry. + (5) Annual review.--Not later than October 1 of each year, + the Secretary shall review the standards established pursuant + to paragraph (1) and issue updates or modifications as the + Secretary considers necessary or appropriate. + (c) Ensuring Ability to Sell Commercially.-- + (1) In general.--The Secretary shall, to the greatest + extent practicable, ensure that suppliers of microelectronics + products for the Federal Government who meet the standards + established under subsection (b) are able and incentivized to + sell products commercially that are produced on the same + production lines as the microelectronics products supplied to + the Federal Government. + (2) Effect of requirements and acquisitions.--The Secretary + shall, to the greatest extent practicable, ensure that the + requirements of the Department and the acquisition by the + Department of microelectronics enable the success of a dual-use + microelectronics industry. + (d) Maintaining Competition and Innovation.--The Secretary shall +take such actions as the Secretary considers necessary and appropriate, +within the Secretary's authorized activities to maintain the health of +the defense industrial base, to ensure that-- + (1) providers of microelectronics products and services + that meet the standards established under subsection (b) are + exposed to competitive market pressures to achieve competitive + pricing and sustained innovation; and + (2) the industrial base of microelectronics products and + services that meet the standards established under subsection + (b) includes providers producing in or belonging to countries + that are allies or partners of the United States. + +SEC. 234. TECHNICAL CORRECTION TO GLOBAL RESEARCH WATCH PROGRAM. + + Section 2365 of title 10, United States Code, is amended-- + (1) in subsections (a) and (d)(2), by striking ``Assistant + Secretary of Defense for Research and Engineering'' both places + it appears and inserting ``Under Secretary of Defense for + Research and Engineering''; + (2) in subsections (d)(3) and (e), by striking ``Assistant + Secretary'' both places it appears and inserting ``Under + Secretary of Defense for Research and Engineering''; and + (3) in subsection (d), by striking ``Assistant Secretary'' + both places it appears and inserting ``Under Secretary''. + +SEC. 235. ADDITIONAL TECHNOLOGY AREAS FOR EXPEDITED ACCESS TO TECHNICAL + TALENT. + + Section 217(e) of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended-- + (1) by redesignating paragraph (27) as paragraph (29); and + (2) by inserting after paragraph (26) the following new + paragraph (27): + ``(27) Rapid prototyping. + ``(28) Infrastructure resilience.''. + +SEC. 236. SENSE OF THE SENATE AND PERIODIC BRIEFINGS ON THE SECURITY + AND AVAILABILITY OF FIFTH-GENERATION (5G) WIRELESS + NETWORK TECHNOLOGY AND PRODUCTION. + + (a) Sense of the Senate.--It is the sense of the Senate that-- + (1) use of fifth-generation (5G) wireless networks and + associated technology will be a foundation for future + warfighting applications for the Department of Defense; + (2) the commercial implementation of fifth-generation + wireless networks will provide the high speed and capacity + necessary for the Internet of Things, advanced manufacturing, + autonomous machines, the application of artificial + intelligence, and smart cities, and it is critical that the + Department of Defense utilize these new capabilities; + (3) protecting the innovation and technology that enables + these revolutionary developments is essential for security of + the Department of Defense mission, and will require improved + security of the microelectronics supply chain and of the design + and operation of networks based on fifth-generation wireless + network technology; + (4) securing fifth-generation wireless networks and + associated technology is required due to the increased effects + of military processes that will be enabled on fifth-generation + wireless networks; + (5) the Department of Defense can no longer rely on + fabricationless business models in which microelectronics + manufacturing is located in countries with vulnerable supply + chains or adversarial nations known for predatory industrial + espionage and posing a military threat to the United States or + on small-scale manufacturing of trusted microelectronics in + dedicated facilities; + (6) the Department of Defense should leverage its large + procurement budget, sophisticated understanding of the threats + to microelectronics supply chains, as well as experience + establishing requirements for the secure production of + microelectronics and working with trusted foundries to create a + secure, competitive, and innovative manufacturing base in + cooperation with industry; and + (7) the Secretary of Defense should act expeditiously to + achieve the goals enumerated in this subsection using resources + and authorities available to the Department, while encouraging + interagency planning for a whole-of-government strategy. + (b) Periodic Briefings.-- + (1) In general.--Not later than March 15, 2020, and not + less frequently than once every three months thereafter until + March 15, 2022, the Secretary of Defense shall brief the + congressional defense committees on how the Department of + Defense-- + (A) is using secure fifth-generation wireless + network technology; + (B) is reshaping the Department's policy for + producing and procuring secure microelectronics; and + (C) working in the interagency and internationally + to develop common policies and approaches. + (2) Elements.--Each briefing under paragraph (1) shall + contain information on-- + (A) efforts to ensure a secure supply chain for + fifth-generation wireless network equipment and + microelectronics; + (B) the continued availability of electromagnetic + spectrum for warfighting needs; + (C) planned implementation of fifth-generation + wireless network infrastructure in warfighting + networks, base infrastructure, defense-related + manufacturing, and logistics; + (D) steps taken to work with allied and partner + countries to protect critical networks and supply + chains; and + (E) such other topics as the Secretary considers + relevant. + +SEC. 237. TRANSFER OF COMBATING TERRORISM TECHNICAL SUPPORT OFFICE. + + (a) Transfer Required.--Not later than March 1, 2020, the Secretary +of Defense shall transfer responsibilities for the authority, +direction, and control of the Combating Terrorism Technical Support +Office from the Assistant Secretary of Defense for Special Operations +and Low Intensity Conflict to the Under Secretary of Defense for +Research and Engineering. + (b) Report Required.-- + (1) In general.--Not later than the date that is 30 days + before the date of the transfer of responsibilities required by + subsection (a), the Secretary shall submit to the congressional + defense committees a report on such transfer. + (2) Contents.--The report submitted under paragraph (1) + shall include the following: + (A) An assessment of the relevance of the roles, + responsibilities, and objectives of the Combating + Terrorism Technical Support Office to supporting + implementation of the National Defense Strategy and + recommendations, if any, for changes to the roles, + responsibilities, and objectives of the Combating + Terrorism Technical Support Office for the purpose of + supporting implementation of the National Defense + Strategy. + (B) An articulation of any anticipated efficiencies + resulting from the transfer of responsibilities as + described in subsection (a). + (C) Such other matters as the Secretary considers + relevant. + +SEC. 238. BRIEFING ON COOPERATIVE DEFENSE TECHNOLOGY PROGRAMS AND RISKS + OF TECHNOLOGY TRANSFER TO CHINA OR RUSSIA. + + (a) Briefing Required.--Not later than March 1, 2020, the Secretary +of Defense, in consultation with the Director of National Intelligence, +shall provide the congressional defense committees a briefing, and +documents as appropriate, on current cooperative defense technology +programs of the Department of Defense with any country the Secretary +assesses to be engaged in significant defense or other advanced +technology cooperation with the People's Republic of China or the +Russian Federation. + (b) Matters to Be Addressed.--The briefing required by subsection +(a) shall address the following matters: + (1) Whether any current cooperative defense technology + programs of the Department of Defense increase the risk of + technology transfer to the People's Republic of China or the + Russian Federation. + (2) What actions the Department of Defense has taken to + mitigate the risk of technology transfer to the People's + Republic of China or the Russian Federation with respect to + current cooperative defense technology programs. + (3) Such recommendations as the Secretary may have for + legislative or administrative action to prevent technology + transfer to the People's Republic of China or the Russian + Federation with respect to cooperative defense technology + programs, especially as it relates to capabilities the + Secretary assesses to be critical to maintain or restore the + comparative military advantage of the United States. + (c) Notification Required.--The Secretary shall provide the +congressional committees a written notification not later than 15 days +after any decision to suspend or terminate a cooperative defense +technology program due to the risk or occurrence of technology transfer +to the People's Republic of China or the Russian Federation. + +SEC. 239. MODIFICATION OF AUTHORITY FOR PRIZES FOR ADVANCED TECHNOLOGY + ACHIEVEMENTS. + + Section 2374a(a) of title 10, United States Code, is amended by +striking ``Assistant Secretary of Defense for Research and +Engineering'' and inserting ``Under Secretary of Defense for Research +and Engineering, the Under Secretary of Defense for Acquisition and +Sustainment,''. + +SEC. 240. USE OF FUNDS FOR STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM, + ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM, + AND OPERATIONAL ENERGY CAPABILITY IMPROVEMENT. + + Of the funds authorized to be appropriated for fiscal year 2020 for +the use of the Department of Defense for research, development, test, +and evaluation, as specified in the funding table in section 4201 for +the Strategic Environmental Research Program, Operational Energy +Capability Improvement, and the Environmental Security Technical +Certification Program, the Secretary of Defense shall expend amounts as +follows: + (1) Not less than $10,000,000 on the development and + demonstration of long duration on-site energy battery storage + for distributed energy assets. + (2) Not less than $10,000,000 on the development, + demonstration, and validation of non-fluorine based + firefighting foams. + (3) Not less than $10,000,000 on the development, + demonstration, and validation of secure microgrids for both + installations and forward operating bases. + (4) Not less than $5,000,000 on the development, + demonstration, and validation of technologies that can harvest + potable water from air. + +SEC. 241. FUNDING FOR THE SEA-LAUNCHED CRUISE MISSILE-NUCLEAR ANALYSIS + OF ALTERNATIVES. + + (a) Availability of Funding.--Of the amount authorized to be +appropriated for fiscal year 2020 by section 201 for research, +development, test, and evaluation, at least $5,000,000 shall be +available for the analysis of alternatives for the Sea-Launched Cruise +Missile-Nuclear. + (b) Program of Record.--The Secretary of Defense shall make the +Sea-Launched Cruise Missile-Nuclear a program of record. + +SEC. 242. REVIEW AND ASSESSMENT PERTAINING TO TRANSITION OF DEPARTMENT + OF DEFENSE-ORIGINATED DUAL-USE TECHNOLOGY. + + (a) In General.--The Under Secretary of Defense for Research and +Engineering shall-- + (1) conduct a review of the Department of Defense science + and technology enterprise's intellectual property and strategy + for awarding exclusive commercial rights to industry partners; + and + (2) assess whether its practices are encouraging or + constraining technology diffusion where desirable. + (b) Elements.--The review and assessment required by subsection (a) +shall include consideration of the following: + (1) The retention or relinquishment by the Department of + intellectual property rights and the effect thereof. + (2) The granting by the Department of exclusive commercial + rights and the effect thereof. + (3) The potential of research prizes, vice payment and + exclusive commercial rights, on contract as remuneration for + science and technology activities. + (4) The potential of science and technology programs with + intellectual property strategies that do not include + commercialization monopolies. + (5) The potential of establishing price ceilings for + licenses and commercial sale mandates to discourage selective + commercial hoarding. + (6) The activities of the Department in effect on the day + before the date of the enactment of this Act to promulgate to + approved users in the commercial sector the intellectual + property that the Department retains and their potential + applications. + (7) Such other major factors as may inhibit the diffusion + of Department-funded technology in the commercial sector where + desirable. + (c) University Partnership.--In carrying out subsection (a), the +Under Secretary shall partner with a business school or law school of a +university with resident economics and intellectual property expertise. + (d) Report.-- + (1) In general.--Not later than May 1, 2020, the Under + Secretary shall submit to the congressional defense committees + a report on the findings of the Under Secretary with respect to + the review and assessment required by subsection (a). + (2) Recommendations.--The report required by paragraph (1) + shall include such recommendations as the Under Secretary may + have for legislative or administrative action to improve the + diffusion of the intellectual property and technology of the + science and technology enterprise of the Department. + + TITLE III--OPERATION AND MAINTENANCE + + Subtitle A--Authorization of Appropriations + +SEC. 301. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for expenses, not otherwise provided for, for +operation and maintenance, as specified in the funding table in section +4301. + + Subtitle B--Energy and Environment + +SEC. 311. USE OF OPERATIONAL ENERGY COST SAVINGS OF DEPARTMENT OF + DEFENSE. + + Section 2912 of title 10, United States Code, is amended-- + (1) in subsection (a), by striking ``subsection (b)'' and + inserting ``subsection (b) or (c), as the case may be,''; + (2) in subsection (b), in the matter preceding paragraph + (1), by striking ``The Secretary of Defense'' and inserting + ``Except as provided in subsection (c) with respect to + operational energy cost savings, the Secretary of Defense''; + (3) by redesignating subsection (c) as subsection (d); and + (4) by inserting after subsection (b) the following new + subsection (c): + ``(c) Use of Operational Energy Cost Savings.--The amount that +remains available for obligation under subsection (a) that relates to +operational energy cost savings realized by the Department shall be +used for the implementation of additional operational energy +resilience, efficiencies, mission assurance, energy conservation, or +energy security within the department, agency, or instrumentality that +realized that savings.''. + +SEC. 312. USE OF PROCEEDS FROM SALES OF ELECTRICAL ENERGY GENERATED + FROM GEOTHERMAL RESOURCES. + + Section 2916(b) of title 10, United States Code, is amended-- + (1) in paragraph (1), by striking ``Except as provided in + paragraph (3), proceeds'' and inserting ``Proceeds''; and + (2) by striking paragraph (3). + +SEC. 313. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES. + + (a) Modification of Annual Energy Management and Resilience +Report.--Section 2925(a) of title 10, United States Code, is amended-- + (1) in the subsection heading, by inserting ``and + Readiness'' after ``Mission Assurance''; + (2) in the matter preceding paragraph (1), by inserting + ``The Secretary shall ensure that mission operators of critical + facilities provide to personnel of military installations any + information necessary for the completion of such report.'' + after ``by the Secretary.''; + (3) in paragraph (4), in the matter preceding subparagraph + (A), by striking ``megawatts'' and inserting ``electric and + thermal loads''; and + (4) in paragraph (5), by striking ``megawatts'' and + inserting ``electric and thermal loads''. + (b) Funding for Energy Program Offices.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretaries of the military + departments shall submit to the congressional defense + committees a report stating whether the program offices + specified in paragraph (2) are funded-- + (A) at proper levels to ensure that the energy + resilience requirements of the Department of Defense + are met; and + (B) at levels that are not less than in any + previous fiscal year. + (2) Program offices specified.--The program offices + specified in this paragraph are the following: + (A) The Power Reliability Enhancement Program of + the Army. + (B) The Office of Energy Initiatives of the Army. + (C) The Office of Energy Assurance of the Air + Force. + (D) The Resilient Energy Program Office of the + Navy. + (3) Funding plan.-- + (A) In general.--The Secretaries of the military + departments shall include in the report submitted under + paragraph (1) a funding plan for the next five fiscal + years beginning after the date of the enactment of this + Act to ensure that funding levels are, at a minimum, + maintained during that period. + (B) Elements.--The funding plan under subparagraph + (A) shall include, for each fiscal year covered by the + plan, an identification of the amounts to be used for + the accomplishment of energy resilience goals and + objectives. + (c) Establishment of Targets for Water Use.--The Secretary of +Defense shall, where life-cycle cost-effective, improve water use +efficiency and management by the Department of Defense, including storm +water management, by-- + (1) installing water meters and collecting and using water + balance data of buildings and facilities to improve water + conservation and management; + (2) reducing industrial, landscaping, and agricultural + water consumption in gallons by two percent annually through + fiscal year 2030 relative to a baseline of such consumption by + the Department in fiscal year 2010; and + (3) installing appropriate sustainable infrastructure + features on installations of the Department to help with storm + water and wastewater management. + +SEC. 314. NATIVE AMERICAN INDIAN LANDS ENVIRONMENTAL MITIGATION + PROGRAM. + + (a) In General.--Chapter 160 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 2712. Native American lands environmental mitigation program + ``(a) Establishment.--The Secretary of Defense may establish and +carry out a program to mitigate the environmental effects of actions by +the Department of Defense on Indian lands and culturally connected +locations. + ``(b) Program Activities.--The activities that may be carried out +under the program established under subsection (a) are the following: + ``(1) Identification, investigation, and documentation of + suspected environmental effects attributable to past actions by + the Department of Defense. + ``(2) Development of mitigation options for such + environmental effects, including development of cost-to- + complete estimates and a system for prioritizing mitigation + actions. + ``(3) Direct mitigation actions that the Secretary + determines are necessary and appropriate to mitigate the + adverse environmental effects of past actions by the + Department. + ``(4) Demolition and removal of unsafe buildings and + structures used by, under the jurisdiction of, or formerly used + by or under the jurisdiction of the Department. + ``(5) Training, technical assistance, and administrative + support to facilitate the meaningful participation of Indian + tribes in mitigation actions under the program. + ``(6) Development and execution of a policy governing + consultation with Indian tribes that have been or may be + affected by action by the Department, including training + personnel of the Department to ensure compliance with the + policy. + ``(c) Cooperative Agreements.--(1) In carrying out the program +established under subsection (a), the Secretary of Defense may enter +into a cooperative agreement with an Indian tribe or an instrumentality +of tribal government. + ``(2) Notwithstanding chapter 63 of title 31, a cooperative +agreement under this section may be used to acquire property or +services for the direct benefit of the United States Government. + ``(3) A cooperative agreement under this section for the +procurement of severable services may begin in one fiscal year and end +in another fiscal year only if the total period of performance does not +exceed two calendar years. + ``(d) Definitions.--In this section: + ``(1) The term `Indian land' includes-- + ``(A) any land located within the boundaries and a + part of an Indian reservation, pueblo, or rancheria; + ``(B) any land that has been allotted to an + individual Indian but has not been conveyed to such + Indian with full power of alienation; + ``(C) Alaska Native village and regional + corporation lands; and + ``(D) lands and waters upon which any Federally + recognized Indian tribe has rights reserved by treaty, + act of Congress, or action by the President. + ``(2) The term `Indian tribe' has the meaning given such + term in section 2701(d)(4)(A) of this title. + ``(3) The term `culturally connected location' means a + location or place that has demonstrable significance to Indians + or Alaska Natives based on its association with the traditional + beliefs, customs, and practices of a living community, + including locations or places where religious, ceremonial, + subsistence, medicinal, economic, or other lifeways practices + have historically taken place.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 160 of such title is amended by inserting after the item +relating to section 2711 the following new item: + +``2712. Native American lands environmental mitigation program.''. + +SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN + COSTS IN CONNECTION WITH THE TWIN CITIES ARMY AMMUNITION + PLANT, MINNESOTA. + + (a) Transfer Amount.--Notwithstanding section 2215 of title 10, +United States Code, the Secretary of Defense may transfer to the +Administrator of the Environmental Protection Agency-- + (1) in fiscal year 2020, not more than $890,790; and + (2) in each of fiscal years 2021 through 2026, not more + than $150,000. + (b) Purpose of Reimbursement.--The amount authorized to be +transferred under subsection (a) is to reimburse the Environmental +Protection Agency for costs the Agency has incurred and will incur +relating to the response actions performed at the Twin Cities Army +Ammunition Plant, Minnesota, through September 30, 2025. + (c) Interagency Agreement.--The reimbursement described in +subsection (b) is intended to satisfy certain terms of the interagency +agreement entered into by the Department of the Army and the +Environmental Protection Agency for the Twin Cities Army Ammunition +Plant that took effect in December 1987 and that provided for the +recovery of expenses by the Agency from the Department of the Army. + +SEC. 316. PROHIBITION ON USE OF PERFLUOROALKYL SUBSTANCES AND + POLYFLUOROALKYL SUBSTANCES FOR LAND-BASED APPLICATIONS OF + FIREFIGHTING FOAM. + + (a) Limitation.--After October 1, 2022, no funds of the Department +of Defense may be obligated or expended to procure firefighting foam +that contains in excess of one part per billion of perfluoroalkyl +substances and polyfluoroalkyl substances. + (b) Prohibition on Use and Disposal of Existing Stocks.--Not later +than October 1, 2023, the Secretary of Defense shall-- + (1) cease the use of firefighting foam containing in excess + of one part per billion of perfluoroalkyl substances and + polyfluoroalkyl substances; and + (2) dispose of all existing stocks of such firefighting + foam in accordance with the Solid Waste Disposal Act (42 U.S.C. + 6901 et seq.). + (c) Exemption for Shipboard Use.--Subsections (a) and (b) shall not +apply to firefighting foam for use solely onboard ocean-going vessels. + (d) Definitions.--In this section: + (1) Perfluoroalkyl substances.--The term ``perfluoroalkyl + substances'' means aliphatic substances for which all of the H + atoms attached to C atoms in the nonfluorinated substance from + which they are notionally derived have been replaced by F + atoms, except those H atoms whose substitution would modify the + nature of any functional groups present. + (2) Polyfluoroalkyl substances.--The term ``polyfluoroalkyl + substances'' means aliphatic substances for which all H atoms + attached to at least one (but not all) C atoms have been + replaced by F atoms, in such a manner that they contain the + perfluoroalkyl moiety C<INF>n</INF>F<INF>2n+1</INF>_ (for + example, + C<INF>8</INF>F<INF>17</INF>CH<INF>2</INF>CH<INF>2</INF>OH). + +SEC. 317. TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESSMENT ON + HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL + SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR + TOXIC SUBSTANCES AND DISEASE REGISTRY. + + Section 316(a)(2)(B)(ii) of the National Defense Authorization Act +for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by +section 315(a) of the John S. McCain National Defense Authorization Act +for Fiscal Year 2019 (Public Law 115-232), is amended by striking +``2019 and 2020'' and inserting ``2019, 2020, and 2021''. + +SEC. 318. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS CONTAMINATION + BY PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. + + (a) Cooperative Agreements.-- + (1) In general.--Upon request from the Governor or chief + executive of a State, the Secretary of Defense shall work + expeditiously, pursuant to section 2701(d) of title 10, United + States Code, to finalize a cooperative agreement, or amend an + existing cooperative agreement to address testing, monitoring, + removal, and remedial actions relating to the contamination or + suspected contamination of drinking, surface, or ground water + from PFAS originating from activities of the Department of + Defense by providing the mechanism and funding for the + expedited review and approval of documents of the Department + related to PFAS investigations and remedial actions from an + active or decommissioned military installation, including a + facility of the National Guard. + (2) Minimum standards.--A cooperative agreement finalized + or amended under paragraph (1) shall meet or exceed the most + stringent of the following standards for PFAS in any + environmental media: + (A) An enforceable State standard, in effect in + that State, for drinking, surface, or ground water, as + described in section 121(d)(2)(A)(ii) of the + Comprehensive Environmental Response, Compensation, and + Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)). + (B) An enforceable Federal standard for drinking, + surface, or ground water, as described in section + 121(d)(2)(A)(i) of the Comprehensive Environmental + Response, Compensation, and Liability Act of 1980 (42 + U.S.C. 9621(d)(2)(A)(i)). + (b) Report.--Beginning on February 1, 2020, if a cooperative +agreement is not finalized or amended under subsection (a) within one +year after the request from the Governor or chief executive under that +subsection, and annually thereafter, the Secretary of Defense shall +submit to the appropriate committees and Members of Congress a report-- + (1) explaining why the agreement has not been finalized or + amended, as the case may be; and + (2) setting forth a projected timeline for finalizing or + amending the agreement. + (c) Definitions.--In this section: + (1) Appropriate committees and members of congress.--The + term ``appropriate committees and Members of Congress'' means-- + (A) the congressional defense committees; + (B) the Senators who represent a State impacted by + PFAS contamination described in subsection (a)(1); and + (C) the Members of the House of Representatives who + represent a district impacted by such contamination. + (2) Fully fluorinated carbon atom.--The term ``fully + fluorinated carbon atom'' means a carbon atom on which all the + hydrogen substituents have been replaced by fluorine. + (3) PFAS.--The term ``PFAS'' means perfluoroalkyl and + polyfluoroalkyl substances that are man-made chemicals with at + least one fully fluorinated carbon atom. + (4) State.--The term ``State'' has the meaning given the + term in section 101 of the Comprehensive Environmental + Response, Compensation, and Liability Act of 1980 (42 U.S.C. + 9601). + +SEC. 319. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRONMENTAL + RESTORATION AUTHORITIES TO INCLUDE FEDERAL GOVERNMENT + FACILITIES USED BY NATIONAL GUARD. + + (a) Definition of Facility.--Section 2700(2) of title 10, United +States Code, is amended-- + (1) by striking ``The terms'' and inserting ``(A) The + terms''; and + (2) by adding at the end the following new subparagraph: + ``(B) The term `facility' includes real property that is + owned by, leased to, or otherwise possessed by the United + States at locations at which military activities are conducted + under this title or title 32 (including real property owned or + leased by the Federal Government that is licensed to and + operated by a State for training for the National Guard).''. + (b) Inclusion of Pollutants and Contaminants in Environmental +Response Actions.--Section 2701(c) of such title is amended by +inserting ``or pollutants or contaminants'' after ``hazardous +substances'' each place it appears. + (c) Establishment of Environmental Restoration Accounts.--Section +2703(a) of such title is amended by adding at the end the following new +paragraphs: + ``(6) An account to be known as the `Environmental + Restoration Account, Army National Guard' (for real property + owned or leased by the Federal Government that is licensed to + and operated by a State for training for the Army National + Guard). + ``(7) An account to be known as the `Environmental + Restoration Account, Air National Guard' (for real property + owned or leased by the Federal Government that is licensed to + and operated by a State for training for the Air National + Guard).''. + +SEC. 320. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO EXTREME + WEATHER. + + (a) In General.--The Secretary of Defense shall include in the +annual budget submission of the President under section 1105(a) of +title 31, United States Code-- + (1) a dedicated budget line item for adaptation to, and + mitigation of, effects of extreme weather on military networks, + systems, installations, facilities, and other assets and + capabilities of the Department of Defense; and + (2) an estimate of the anticipated adverse impacts to the + readiness of the Department and the financial costs to the + Department during the year covered by the budget of the loss + of, or damage to, military networks, systems, installations, + facilities, and other assets and capabilities of the + Department, including loss of or obstructed access to training + ranges, as a result extreme weather events. + (b) Disaggregation of Impacts and Costs.--The estimate under +subsection (a)(2) shall set forth the adverse readiness impacts and +financial costs under that subsection by military department, Defense +Agency, and other component or element of the Department. + (c) Extreme Weather Defined.--In this section, the term ``extreme +weather'' means recurrent flooding, drought, desertification, +wildfires, and thawing permafrost. + +SEC. 321. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS FOR + INCREASED COMBAT CAPABILITY THROUGH ENERGY OPTIMIZATION. + + (a) In General.--Notwithstanding section 2208 of title 10, United +States Code, the Secretary of Defense and the military departments may +use a working capital fund established pursuant to that section for +expenses directly related to conducting a pilot program for energy +optimization initiatives described in subsection (b). + (b) Energy Optimization Initiatives.--Energy optimization +initiatives covered by the pilot program include the research, +development, procurement, installation, and sustainment of technologies +or weapons system platforms, and the manpower required to do so, that +would improve the efficiency and maintainability, extend the useful +life, lower maintenance costs, or provide performance enhancement of +the weapon system platform or major end item. + (c) Limitation on Certain Projects.--Funds may not be used pursuant +to subsection (a) for-- + (1) any product improvement that significantly changes the + performance envelope of an end item; or + (2) any single component with an estimated total cost in + excess of $10,000,000. + (d) Limitation in Fiscal Year Pending Timely Report.--If during any +fiscal year the report required by paragraph (1) of subsection (e) is +not submitted by the date specified in paragraph (2) of that +subsection, funds may not be used pursuant to subsection (a) during the +period-- + (1) beginning on the date specified in such paragraph (2); + and + (2) ending on the date of the submittal of the report. + (e) Annual Report.-- + (1) In general.--The Secretary of Defense shall submit an + annual report to the congressional defense committees on the + use of the authority under subsection (a) during the preceding + fiscal year. + (2) Deadline for submittal.--The report required by + paragraph (1) in a fiscal year shall be submitted not later + than 60 days after the date of the submittal to Congress of the + budget of the President for the succeeding fiscal year pursuant + to section 1105 of title 31, United States Code. + (3) Recommendation.--In the case of the report required to + be submitted under paragraph (1) during fiscal year 2020, the + report shall include the recommendation of the Secretary of + Defense and the military departments regarding whether the + authority under subsection (a) should be made permanent. + (f) Sunset.--The authority under subsection (a) shall expire on +October 1, 2024. + +SEC. 322. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY AT MILITARY + INSTALLATIONS. + + (a) Report.-- + (1) Report required.--Not later than September 1, 2020, the + Under Secretary of Defense for Acquisition and Sustainment, in + conjunction with the assistant secretaries responsible for + installations and environment for the military departments and + the Defense Logistics Agency, shall submit to the congressional + defense committees a report detailing the efforts to achieve + cost savings at military installations with high energy + intensity. + (2) Elements.--The report required under paragraph (1) + shall include the following elements: + (A) A comprehensive, installation-specific + assessment of feasible and mission-appropriate energy + initiatives supporting energy production and + consumption at military installations with high energy + intensity. + (B) An assessment of current sources of energy in + areas with high energy intensity and potential future + sources that are technologically feasible, cost- + effective, and mission-appropriate for military + installations. + (C) A comprehensive implementation strategy to + include required investment for feasible energy + efficiency options determined to be the most beneficial + and cost-effective, where appropriate, and consistent + with priorities of the Department of Defense. + (D) An explanation on how the military departments + are working collaboratively in order to leverage + lessons learned on potential energy efficiency + solutions. + (E) An assessment of the extent to which activities + administered under the Federal Energy Management + Program of the Department of Energy could be used to + assist with the implementation strategy under + subparagraph (C). + (F) An assessment of State and local partnership + opportunities that could achieve efficiency and cost + savings, and any legislative authorities required to + carry out such partnerships or agreements. + (3) Coordination with state, local, and other entities.--In + preparing the report required under paragraph (1), the Under + Secretary of Defense for Acquisition and Sustainment may work + in conjunction and coordinate with the States containing areas + of high energy intensity, local communities, and other Federal + agencies. + (b) Definition.--In this section, the term ``high energy +intensity'' means costs for the provision of energy by kilowatt of +electricity or British Thermal Unit of heat or steam for a military +installation in the United States that is in the highest 20 percent of +all military installations for a military department. + +SEC. 323. TECHNICAL AND GRAMMATICAL CORRECTIONS AND REPEAL OF OBSOLETE + PROVISIONS RELATING TO ENERGY. + + (a) Technical and Grammatical Corrections.-- + (1) Technical corrections.--Title 10, United States Code, + is amended-- + (A) in section 2913(c), by striking ``government'' + and inserting ``government or''; and + (B) in section 2926(d)(1), in the second sentence, + by striking ``Defense Agencies'' and inserting ``the + Defense Agencies''. + (2) Grammatical corrections.--Such title is further + amended-- + (A) in section 2922a(d), by striking ``resilience + are prioritized and included'' and inserting ``energy + resilience are included as critical factors''; and + (B) in section 2925(a)(3), by striking ``impacting + energy'' and all that follows through the period at the + end and inserting ``degrading energy resilience at + military installations (excluding planned outages for + maintenance reasons), whether caused by on- or off- + installation disruptions, including the total number of + outages and their locations, the duration of each + outage, the financial effect of each outage, whether or + not the mission was affected, the downtimes (in minutes + or hours) the mission can afford based on mission + requirements and risk tolerances, the responsible + authority managing the utility, and measures taken to + mitigate the outage by the responsible authority.''. + (b) Clarification of Applicability of Conflicting Amendments Made +by 2018 Defense Authorization Act.--Section 2911(e) of such title is +amended-- + (1) by striking paragraphs (1) and (2) and inserting the + following new paragraphs: + ``(1) Opportunities to reduce the current rate of + consumption of energy, the future demand for energy, and the + requirement for the use of energy. + ``(2) Opportunities to enhance energy resilience to ensure + the Department of Defense has the ability to prepare for and + recover from energy disruptions that affect mission assurance + on military installations.''; and + (2) by striking the second paragraph (13). + (c) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of section 2926 of such + title is amended to read as follows: +``Sec. 2926. Operational energy''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 173 of such title is amended by striking + the item relating to section 2926 and inserting the following + new item: + +``2926. Operational energy.''. + + Subtitle C--Logistics and Sustainment + +SEC. 331. REQUIREMENT FOR MEMORANDA OF UNDERSTANDING BETWEEN THE AIR + FORCE AND THE NAVY REGARDING DEPOT MAINTENANCE. + + Before the Secretary of the Navy transfers any maintenance action +on a platform to a depot under the jurisdiction of the Secretary of the +Air Force or the Secretary of the Air Force transfers any maintenance +action on a platform to a depot under the jurisdiction of the Secretary +of the Navy, the Air Logistics Complex Commander and the Commander of +Naval Air Systems Command shall enter into a joint memorandum of +understanding that lists out responsibilities for work and technical +oversight responsibilities for such maintenance. + +SEC. 332. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS FORWARD + DEPLOYMENT OF NAVAL VESSELS. + + Section 323 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended-- + (1) by redesignating subsection (c) as subsection (d); and + (2) by inserting after subsection (b) the following new + subsection (c): + ``(c) Extension of Limitation on Length of Overseas Forward +Deployment for U.S.S. Shiloh (CG-67).--Notwithstanding subsection (b), +the Secretary of the Navy shall ensure that the U.S.S. Shiloh (CG-67) +is assigned a homeport in the United States by not later than September +30, 2023.''. + + Subtitle D--Reports + +SEC. 341. REPORT ON MODERNIZATION OF JOINT PACIFIC ALASKA RANGE + COMPLEX. + + (a) Report Required.--Not later than May 1, 2020, the Secretary of +the Air Force shall submit to the congressional defense committees a +report on the long-term modernization of the Joint Pacific Alaska Range +Complex (in this section referred to as the ``JPARC''). + (b) Elements.--The report required under subsection (a) shall +include the following: + (1) An assessment of the requirement for the JPARC to + provide realistic training against modern adversaries, + including 5th generation adversary aircraft and ground threats, + and any current limitations compared to those requirements. + (2) An assessment of the requirement for JPARC to provide a + realistic anti-access area denial training environment and any + current limitations compared to those requirements. + (3) An assessment of the requirement to modernize the JPARC + to provide realistic threats in a large-scale, combined-arms + near-peer environment and any current limitations in meeting + that requirement. The assessment should include-- + (A) target sets; + (B) early warning and surveillance systems; + (C) threat systems; + (D) real-time communications capacity and security; + (E) instrumentation and enabling mission data + fusion capabilities; and + (F) such other range deficiencies as the Secretary + of the Air Force considers appropriate to identify. + (4) A plan for balancing coalition training against + training only for members of the Armed Forces of the United + States at the JPARC. + + Subtitle E--Other Matters + +SEC. 351. STRATEGY TO IMPROVE INFRASTRUCTURE OF CERTAIN DEPOTS OF THE + DEPARTMENT OF DEFENSE. + + (a) Strategy Required.--Not later than October 1, 2020, the +Secretary of Defense shall submit to the congressional defense +committees a comprehensive strategy for improving the depot +infrastructure of the military departments with the objective of +ensuring that all covered depots have the capacity and capability to +support the readiness and material availability goals of current and +future weapon systems of the Department of Defense. + (b) Elements.--The strategy under subsection (a) shall include the +following: + (1) A comprehensive review of the conditions and + performance at each covered depot, including the following: + (A) An assessment of the current status of the + following elements: + (i) Cost and schedule performance of the + depot. + (ii) Material availability of weapon + systems supported at the depot and the impact + of the performance of the depot on that + availability. + (iii) Work in progress and non-operational + items awaiting depot maintenance. + (iv) The condition of the depot. + (v) The backlog of restoration and + modernization projects at the depot. + (vi) The condition of equipment at the + depot. + (B) An identification of analytically based goals + relating to the elements identified in subparagraph + (A). + (2) A business-case analysis that assesses investment + alternatives comparing cost, performance, risk, and readiness + outcomes and recommends an optimal investment approach across + the Department of Defense to ensure covered depots efficiently + and effectively meet the readiness goals of the Department, + including an assessment of the following alternatives: + (A) The minimum investment necessary to meet + investment requirements under section 2476 of title 10, + United States Code. + (B) The investment necessary to ensure the current + inventory of facilities at covered depots can meet the + mission-capable, readiness, and contingency goals of + the Secretary of Defense. + (C) The investment necessary to execute the depot + infrastructure optimization plans of each military + department. + (D) Any other strategies for investment in covered + depots, as identified by the Secretary. + (3) A plan to improve conditions and performance of covered + depots that identifies the following: + (A) The approach of the Secretary of Defense for + achieving the goals outlined in paragraph (1)(B). + (B) The resources and investments required to + implement the plan. + (C) The activities and milestones required to + implement the plan. + (D) A results-oriented approach to assess-- + (i) the progress of each military + department in achieving such goals; and + (ii) the progress of the Department in + implementing the plan. + (E) Organizational roles and responsibilities for + implementing the plan. + (F) A process for conducting regular management + review and coordination of the progress of each + military department in implementing the plan and + achieving such goals. + (G) The extent to which the Secretary has addressed + recommendations made by the Comptroller General of the + United States relating to depot operations during the + five-year period preceding the date of submittal of the + strategy under this section. + (H) Risks to implementing the plan and mitigation + strategies to address those risks. + (c) Annual Report on Progress.--As part of the annual budget +submission of the President under section 1105(a) of title 31, United +States Code, the Secretary of Defense shall submit to the congressional +defense committees a report describing the progress made in-- + (1) implementing the strategy under subsection (a); and + (2) achieving the goals outlined in subsection (b)(1)(B). + (d) Comptroller General Reports.-- + (1) Assessment of strategy.--Not later than January 1, + 2021, the Comptroller General of the United States shall submit + to the congressional defense committees a report assessing the + extent to which the strategy under subsection (a) meets the + requirements of this section. + (2) Assessment of implementation.--Not later than April 1, + 2022, the Comptroller General shall submit to the congressional + defense committees a report setting forth an assessment of the + extent to which the strategy under subsection (a) has been + effectively implemented by each military department and the + Secretary of Defense. + (e) Covered Depot Defined.--In this section, the term ``covered +depot'' has the meaning given that term in section 2476(e) of title 10, +United States Code. + +SEC. 352. LIMITATION ON USE OF FUNDS REGARDING THE BASING OF KC-46A + AIRCRAFT OUTSIDE THE CONTINENTAL UNITED STATES. + + (a) Report.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of the Air Force shall + submit to Congress a report on the projected plan and timeline + for strategic basing of the KC-46A aircraft outside the + continental United States. + (2) Elements.--In considering basing options in the report + required by paragraph (1), the Secretary of the Air Force shall + consider locations that-- + (A) support day-to-day air refueling operations, + operations plans of the combatant commands, and + flexibility for contingency operations, and have-- + (i) a strategic location that is essential + to the defense of the United States and its + interests; + (ii) receivers for boom or probe-and-drogue + combat training opportunities with joint and + international partners; and + (iii) sufficient airfield and airspace + availability and capacity to meet requirements; + and + (B) possess facilities that-- + (i) take full advantage of existing + infrastructure to provide-- + (I) runways, hangars, and aircrew + and maintenance operations; and + (II) sufficient fuel receipt, + storage, and distribution for a five- + day peacetime operating stock; and + (ii) minimize overall construction and + operational costs. + (b) Limitation on Use of Funds.--Not more than 85 percent of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2020 for the Air Force for operation and +maintenance for the Management Headquarters Program (Program Element +92398F) may be obligated or expended until the Secretary of the Air +Force submits the report required by subsection (a) unless the +Secretary of the Air Force certifies to Congress that the use of +additional funds is mission essential. + +SEC. 353. PREVENTION OF ENCROACHMENT ON MILITARY TRAINING ROUTES AND + MILITARY OPERATIONS AREAS. + + Section 183a of title 10, United States Code, is amended-- + (1) in subsection (c)(6)-- + (A) by striking ``radar or airport surveillance + radar operated'' and inserting ``radar, airport + surveillance radar, or wide area surveillance over-the- + horizon radar operated''; and + (B) by inserting ``Any setback for a project + pursuant to the previous sentence shall not be more + than what is determined to be necessary by a technical + analysis conducted by the Lincoln Laboratory at the + Massachusetts Institute of Technology or any successor + entity.'' after ``mitigation options.''; + (2) in subsection (d)-- + (A) in paragraph (2)(E), by striking ``to a Deputy + Secretary of Defense, an Under Secretary of Defense, or + a Principal Deputy Under Secretary of Defense'' and + inserting ``to the Deputy Secretary of Defense, an + Under Secretary of Defense, or a Deputy Under Secretary + of Defense''; + (B) by redesignating paragraph (3) as paragraph + (4); and + (C) by inserting after paragraph (2) the following + new paragraph (3): + ``(3) The governor of a State may recommend to the + Secretary of Defense additional geographical areas of concern + within that State. Any such recommendation shall be submitted + for notice and comment pursuant to paragraph (2)(C).''; + (3) in subsection (e)(3), by striking ``an under secretary + of defense, or a deputy under secretary of defense'' and + inserting ``an Under Secretary of Defense, or a Deputy Under + Secretary of Defense''; + (4) in subsection (f), by striking ``from an applicant for + a project filed with the Secretary of Transportation pursuant + to section 44718 of title 49'' and inserting ``from an entity + requesting a review by the Clearinghouse under this section''; + and + (5) in subsection (h)-- + (A) by redesignating paragraphs (3), (4), (5), (6), + and (7) as paragraphs (4), (5), (6), (7), and (9), + respectively; + (B) by inserting after paragraph (2) the following + new paragraph (3): + ``(3) The term `governor', with respect to a State, means + the chief executive officer of the State.''; + (C) in paragraph (7), as redesignated by + subparagraph (A), by striking ``by the Federal Aviation + Administration'' and inserting ``by the Administrator + of the Federal Aviation Administration''; and + (D) by inserting after paragraph (7), as + redesignated by subparagraph (A), the following new + paragraph: + ``(8) The term `State' means the several States, the + District of Columbia, the Commonwealth of Puerto Rico, the + Commonwealth of the Northern Mariana Islands, Guam, the United + States Virgin Islands, and American Samoa.''. + +SEC. 354. EXPANSION AND ENHANCEMENT OF AUTHORITIES ON TRANSFER AND + ADOPTION OF MILITARY ANIMALS. + + (a) Transfer and Adoption Generally.--Section 2583 of title 10, +United States Code, is amended-- + (1) in subsection (a)-- + (A) in the subsection heading, by inserting + ``Transfer or'' before ``Adoption''; and + (B) by striking ``adoption'' each place it appears + and inserting ``transfer or adoption''; + (2) in subsection (b)-- + (A) in the subsection heading, by inserting + ``Transfer or'' before ``Adoption''; and + (B) in the first sentence, by striking ``adoption'' + and inserting ``transfer or adoption''; and + (C) in the second sentence, striking + ``adoptability'' and inserting ``transferability or + adoptability''; + (3) in subsection (c)(1)-- + (A) in the matter preceding subparagraph (A)-- + (i) by inserting ``transfer or'' before + ``adoption''; and + (ii) by inserting ``, by'' after + ``recommended priority''; + (B) in subparagraphs (A) and (B), by inserting + ``adoption'' before ``by''; + (C) in subparagraph (B), by inserting ``or + organizations'' after ``persons''; and + (D) in subparagraph (C), by striking ``by'' and + inserting ``transfer to''; and + (4) in subsection (e)-- + (A) in the subsection heading, by inserting ``or + Adopted''after ``Transferred''; + (B) in paragraphs (1) and (2), by striking + ``transferred'' each place it appears and inserting + ``transferred or adopted''; and + (C) in paragraph (2), by striking ``transfer'' each + place it appears and inserting ``transfer or + adoption''. + (b) Veterinary Screening and Care for Military Working Dogs to Be +Retired.--Such section is further amended-- + (1) by redesignating subsections (f), (g), and (h) as + subsections (g), (h), and (i), respectively; and + (2) by inserting after subsection (e) the following new + subsection (f): + ``(f) Veterinary Screening and Care for Military Working Dogs To Be +Retired.--(1)(A) If the Secretary of the military department concerned +determines that a military working dog should be retired, such +Secretary shall transport the dog to the Veterinary Treatment Facility +at Lackland Air Force Base, Texas. + ``(B) In the case of a contract working dog to be retired, +transportation required by subparagraph (A) is satisfied by the +transfer of the dog to the 341st Training Squadron at the end of the +dog's service life as required by section 2410r of this title and +assignment of the dog to the Veterinary Treatment Facility referred to +in that subparagraph. + ``(2)(A) The Secretary of Defense shall ensure that each dog +transported as described in paragraph (1) to the Veterinary Treatment +Facility referred to in that paragraph is provided with a full +veterinary screening, and necessary veterinary care (including surgery +for any mental, dental, or stress-related illness), before +transportation of the dog in accordance with subsection (g). + ``(B) For purposes of this paragraph, stress-related illness +includes illness in connection with post-traumatic stress, anxiety that +manifests in a physical ailment, obsessive compulsive behavior, and any +other stress-related ailment. + ``(3) Transportation is not required under paragraph (1), and +screening and care is not required under paragraph (2), for a military +working dog located outside the United States if the Secretary of the +military department concerned determines that transportation of the dog +to the United States would not be in the best interests of the dog for +medical reasons.''. + (c) Coordination of Screening and Care Requirements With +Transportation Requirements.--Subsection (g) of such section, as +redesignated by subsection (b)(1) of this section, is amended to read +as follows: + ``(g) Transportation of Retiring Military Working Dogs.--Upon +completion of veterinary screening and care for a military working dog +to be retired pursuant to subsection (f), the Secretary of the military +department concerned shall-- + ``(1) if the dog was at a location outside the United + States immediately prior to transportation for such screening + and care and a United States citizen or member of the armed + forces living abroad agrees to adopt the dog, transport the dog + to such location for adoption; or + ``(2) for any other dog, transport the dog-- + ``(A) to the 341st Training Squadron; + ``(B) to another location within the United States + for transfer or adoption under this section.''. + (d) Preservation of Policy on Transfer of Military Working Dogs to +Law Enforcement Agencies.--Subsection (h) of such section, as so +redesignated, is amended in paragraph (3) by striking ``adoption of +military working dogs'' and all that follows through the period at the +end and inserting ``transfer of military working dogs to law +enforcement agencies before the end of the dogs' useful working +lives.''. + (e) Clarification of Horses Treatable as Military Animals.-- +Subsection (i) of such section, as so redesignated, is amended by +striking paragraph (2) and inserting the following new paragraph (2): + ``(2) An equid (horse, mule, or donkey) owned by the + Department of Defense.''. + (f) Contract Term for Contract Working Dogs.--Section 2410r(a) of +title 10, United States Code, is amended-- + (1) by inserting ``, and shall contain a contract term,'' + after ``shall require''; + (2) by inserting ``and assigned for veterinary screening + and care in accordance with section 2583 of this title'' after + ``341st Training Squadron''; and + (3) by striking ``section 2583 of this title'' and + inserting ``such section''. + +SEC. 355. LIMITATION ON CONTRACTING RELATING TO DEFENSE PERSONAL + PROPERTY PROGRAM. + + (a) Contracting Prohibition.--The Secretary of Defense may not +enter into or award any single or multiple-award contract to a single- +source or multiple-vendor commercial provider for the management of the +Defense Personal Property Program during the period beginning on the +date of the enactment of this Act and ending on the date that is 60 +days after the date on which the Comptroller General of the United +States submits to the congressional defense committees a report on the +administration of the Defense Personal Property Program, which was +requested by the Committee on Armed Services of the Senate to be +submitted to the congressional defense committees not later than +February 15, 2020. + (b) Review of Proposals.--Nothing in this section shall be +construed as preventing the Secretary of Defense from reviewing or +evaluating any solicited or unsolicited proposals to improve the +Defense Personal Property Program. + +SEC. 356. PROHIBITION ON SUBJECTIVE UPGRADES BY COMMANDERS OF UNIT + RATINGS IN MONTHLY READINESS REPORTING ON MILITARY UNITS. + + (a) In General.--The Chairman of the Joint Chiefs of Staff shall +modify Chairman of the Joint Chiefs of Staff Instruction (CJCSI) +3401.02B, on Force Readiness Reporting, to prohibit the commander of a +military unit who is responsible for monthly reporting of the readiness +of the unit under the instruction from making any upgrade of the +overall rating of the unit (commonly referred to as the ``C-rating'') +for such reporting purposes based in whole or in part on subjective +factors. + (b) Waiver.-- + (1) In general.--The modification required by subsection + (a) shall authorize an officer in a general or flag officer + grade in the chain of command of a commander described in that + subsection to waive the prohibition described in that + subsection in connection with readiness reporting on the unit + concerned if the officer considers the waiver appropriate in + the circumstances. + (2) Reporting on waivers.--Each report on personnel and + unit readiness submitted to Congress for a calendar year + quarter pursuant to section 482 of title 10, United States + Code, shall include information on each waiver, if any, issued + pursuant to paragraph (1) during such calendar year quarter. + +SEC. 357. EXTENSION OF TEMPORARY INSTALLATION REUTILIZATION AUTHORITY + FOR ARSENALS, DEPOTS, AND PLANTS. + + Section 345(d) of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 2667 note) is amended by +striking ``September 30, 2020'' and inserting ``September 30, 2025''. + +SEC. 358. CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR FOOD OR + BEVERAGES PROVIDED BY THE DEPARTMENT OF DEFENSE. + + (a) In General.--Before making any final rule, statement, or +determination regarding the limitation or prohibition of any food or +beverage ingredient in military food service, military medical foods, +commissary food, or commissary food service, the Secretary of Defense +shall publish in the Federal Register a notice of a preliminary rule, +statement, or determination (in this section referred to as a +``proposed action'') and provide opportunity for public comment. + (b) Matters To Be Included.--The Secretary shall include in any +notice published under subsection (a) the following: + (1) The date and contact information for the appropriate + office at the Department of Defense. + (2) A summary of the notice. + (3) A date for comments to be submitted and specific + methods for submitting comments. + (4) A description of the substance of the proposed action. + (5) Findings and a statement of reason supporting the + proposed action. + +SEC. 359. TECHNICAL CORRECTION TO DEADLINE FOR TRANSITION TO DEFENSE + READINESS REPORTING SYSTEM STRATEGIC. + + Section 358(c) of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking +``October 1, 2019'' and inserting ``October 1, 2020''. + + TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS + + Subtitle A--Active Forces + +SEC. 401. END STRENGTHS FOR ACTIVE FORCES. + + The Armed Forces are authorized strengths for active duty personnel +as of September 30, 2020, as follows: + (1) The Army, 480,000. + (2) The Navy, 340,500. + (3) The Marine Corps, 186,200. + (4) The Air Force, 332,800. + + Subtitle B--Reserve Forces + +SEC. 411. END STRENGTHS FOR SELECTED RESERVE. + + (a) In General.--The Armed Forces are authorized strengths for +Selected Reserve personnel of the reserve components as of September +30, 2020, as follows: + (1) The Army National Guard of the United States, 336,000. + (2) The Army Reserve, 189,500. + (3) The Navy Reserve, 59,000. + (4) The Marine Corps Reserve, 38,500. + (5) The Air National Guard of the United States, 107,700. + (6) The Air Force Reserve, 70,100. + (7) The Coast Guard Reserve, 7,000. + (b) End Strength Reductions.--The end strengths prescribed by +subsection (a) for the Selected Reserve of any reserve component shall +be proportionately reduced by-- + (1) the total authorized strength of units organized to + serve as units of the Selected Reserve of such component which + are on active duty (other than for training) at the end of the + fiscal year; and + (2) the total number of individual members not in units + organized to serve as units of the Selected Reserve of such + component who are on active duty (other than for training or + for unsatisfactory participation in training) without their + consent at the end of the fiscal year. + (c) End Strength Increases.--Whenever units or individual members +of the Selected Reserve of any reserve component are released from +active duty during any fiscal year, the end strength prescribed for +such fiscal year for the Selected Reserve of such reserve component +shall be increased proportionately by the total authorized strengths of +such units and by the total number of such individual members. + +SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE + RESERVES. + + Within the end strengths prescribed in section 411(a), the reserve +components of the Armed Forces are authorized, as of September 30, +2020, the following number of Reserves to be serving on full-time +active duty or full-time duty, in the case of members of the National +Guard, for the purpose of organizing, administering, recruiting, +instructing, or training the reserve components: + (1) The Army National Guard of the United States, 30,595. + (2) The Army Reserve, 16,511. + (3) The Navy Reserve, 10,155. + (4) The Marine Corps Reserve, 2,386. + (5) The Air National Guard of the United States, 22,637. + (6) The Air Force Reserve, 4,431. + +SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). + + (a) In General.--The authorized number of military technicians +(dual status) as of the last day of fiscal year 2020 for the reserve +components of the Army and the Air Force (notwithstanding section 129 +of title 10, United States Code) shall be the following: + (1) For the Army National Guard of the United States, + 22,294. + (2) For the Army Reserve, 6,492. + (3) For the Air National Guard of the United States, + 13,569. + (4) For the Air Force Reserve, 8,938. + (b) Variance.--Notwithstanding section 115 of title 10, United +States Code, the end strength prescribed by subsection (a) for a +reserve component specified in that subsection may be increased-- + (1) by 3 percent, upon determination by the Secretary of + Defense that such action is in the national interest; and + (2) by 2 percent, upon determination by the Secretary of + the military department concerned that such action would + enhance manning and readiness in essential units or in critical + specialties or ratings. + (c) Limitation.--Under no circumstances may a military technician +(dual status) employed under the authority of this section be coerced +by a State into accepting an offer of realignment or conversion to any +other military status, including as a member of the Active, Guard, and +Reserve program of a reserve component. If a military technician (dual +status) declines to participate in such realignment or conversion, no +further action will be taken against the individual or the individual's +position. + (d) Adjustment of Authorized Strength.-- + (1) In general.--If, at the end of fiscal year 2019, the + Air National Guard of the United States does not meet its full- + time support realignment goals for such fiscal year (as + presented in the justification materials of the Department of + Defense in support of the budget of the President for such + fiscal year under section 1105 of title 31, United States + Code), the authorized number of military technicians (dual + status) of the Air National Guard of the United States under + subsection (a)(3) shall be increased by the number equal to + difference between-- + (A) 3,190, which is the number of military + technicians (dual status) positions in the Air National + Guard of the United States sought to be converted to + the Active, Guard, and Reserve program of the Air + National Guard during fiscal year 2019; and + (B) the number of realigned positions achieved in + the Air National Guard by the end of fiscal year 2019. + (2) Limitation.--The increase under paragraph (1) in the + authorized number of military technician (dual status) + positions described in that paragraph may not exceed 2,292. + (3) Decrease in authorized number of angus reserves on + active duty in support of the reserves.--In the event of an + adjustment to the authorized number military technicians (dual + status) of the Air National Guard of the United States under + this subsection, the number of members of the Air National + Guard of the United States authorized by section 412(5) to be + on active duty as of September 30, 2020, shall be decreased by + the number equal to the number of such adjustment. + (e) Certification.--Not later than January 1, 2020, the Chief of +the National Guard Bureau shall certify to the Committees on Armed +Services of the Senate and House of Representatives the number of +positions realigned from a military technician (dual status) position +to a position in the Active, Guard, and Reserve program of a reserve +component in fiscal year 2019. + (f) Definitions.--In subsections (c), (d), and (e): + (1) The term ``realigned position'' means any military + technician (dual status) position which has been converted or + realigned to a position in an Active, Guard, and Reserve + program of a reserve component under the full time support + rebalancing plan of the Armed Force concerned, regardless of + whether such position is encumbered. + (2) The term ``Active, Guard, and Reserve program'', in the + case of a reserve component, means the program of the reserve + component under which Reserves serve on full-time active duty + or full-time duty, in the case of members of the National + Guard, for the purpose of organizing, administering, + recruiting, instructing, or training such reserve component. + +SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON + ACTIVE DUTY FOR OPERATIONAL SUPPORT. + + During fiscal year 2020, the maximum number of members of the +reserve components of the Armed Forces who may be serving at any time +on full-time operational support duty under section 115(b) of title 10, +United States Code, is the following: + (1) The Army National Guard of the United States, 17,000. + (2) The Army Reserve, 13,000. + (3) The Navy Reserve, 6,200. + (4) The Marine Corps Reserve, 3,000. + (5) The Air National Guard of the United States, 16,000. + (6) The Air Force Reserve, 14,000. + +SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVES ON ACTIVE + DUTY. + + (a) Officers.--Section 12011(a)(1) of title 10, United States Code, +is amended by striking that part of the table pertaining to the Marine +Corps Reserve and inserting the following: + ``Marine Corps Reserve: + + +2,400......................... 143 105 34 +2,500......................... 149 109 35 +2,600......................... 155 113 36 +2,700......................... 161 118 37 +2,800......................... 167 122 39 +2,900......................... 173 126 41 +3,000......................... 179 130 42''. + + + (b) Senior Enlisted Members.--Section 12012(a) of title 10, United +States Code, is amended by striking that part of the table pertaining +to the Marine Corps Reserve and inserting the following: + ``Marine Corps Reserve: + + +2,400....................................... 106 24 +2,500....................................... 112 25 +2,600....................................... 116 26 +2,700....................................... 121 27 +2,800....................................... 125 28 +2,900....................................... 130 29 +3,000....................................... 134 30''. + + + (c) Effective Date.--The amendments made by this section shall take +effect on October 1, 2019, and shall apply with respect to fiscal years +beginning on or after that date. + + Subtitle C--Authorization of Appropriations + +SEC. 421. MILITARY PERSONNEL. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal year 2020 for the use of the Armed Forces +and other activities and agencies of the Department of Defense for +expenses, not otherwise provided for, for military personnel, as +specified in the funding table in section 4401. + (b) Construction of Authorization.--The authorization of +appropriations in subsection (a) supersedes any other authorization of +appropriations (definite or indefinite) for such purpose for fiscal +year 2020. + + TITLE V--MILITARY PERSONNEL POLICY + + Subtitle A--Officer Personnel Policy + +SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AUTHORIZED STRENGTHS OF + CERTAIN COMMISSIONED OFFICERS ON ACTIVE DUTY. + + Effective as of October 1, 2020, the text of section 523 of title +10, United States Code, is amended to read as follows: + ``The total number of commissioned officers serving on active duty +in the Army, Air Force, or Marine Corps in each of the grades of major, +lieutenant colonel, or colonel, or in the Navy in each of the grades of +lieutenant commander, commander, or captain, at the end of any fiscal +year shall be as specifically authorized by Act of Congress for such +fiscal year.''. + +SEC. 502. MAKER OF ORIGINAL APPOINTMENTS IN A REGULAR OR RESERVE + COMPONENT OF COMMISSIONED OFFICERS PREVIOUSLY SUBJECT TO + ORIGINAL APPOINTMENT IN OTHER TYPE OF COMPONENT. + + (a) Maker of Regular Appointments in Transfer From Reserve Active- +status List to Active-duty List.--Section 531(c) of title 10, United +States Code, is amended by striking ``the Secretary concerned'' and +inserting ``the Secretary of Defense''. + (b) Maker of Reserve Appointments in Transfer From Active-duty List +to Reserve Active-status List.--Subsection (b) of section 12203 of such +title is amended by striking ``the Secretary concerned'' and inserting +``the Secretary of Defense''. + (c) Treatment of Regular Appointment as Constructive Reserve +Appointment To Facilitate Transfer From Active Duty List to Reserve +Active-status List.--Such section 12203 is further amended-- + (1) by redesignating subsection (c) as subsection (d); and + (2) by inserting after subsection (b) the following new + subsection (c): + ``(c) For purposes of appointments under this section, an officer +who receives an original appointment as a regular commissioned officer +in a grade under section 531 of this title that is made on or after the +date of the enactment of the National Defense Authorization Act for +Fiscal Year 2020 shall be deemed also to have received an original +appointment as a reserve commissioned officer in such grade.''. + +SEC. 503. FURNISHING OF ADVERSE INFORMATION ON OFFICERS TO PROMOTION + SELECTION BOARDS. + + (a) Expansion of Grades of Officers for Which Information Is +Furnished.--Section 615(a)(3) of title 10, United States Code, is +amended-- + (1) by inserting ``(A)'' after ``(3)''; + (2) in subparagraph (A), as designated by paragraph (1), by + striking ``a grade above colonel or, in the case of the Navy, + captain,'' and inserting ``a grade specified in subparagraph + (B)''; and + (3) by adding at the end the following new subparagraph: + ``(B) A grade specified in this subparagraph is as follows: + ``(i) In the case of a regular officer, a grade above + captain or, in the case of the Navy, lieutenant. + ``(ii) In the case of a reserve officer, a grade above + lieutenant colonel or, in the case of the Navy, commander.''. + (b) Furnishing at Every Phase of Consideration.--Such section is +further amended by adding at the end the following new subparagraph: + ``(C) The standards and procedures referred to in subparagraph (A) +shall require the furnishing to the selection board, and to each +individual member of the board, the information described in that +paragraph with regard to an officer in a grade specified in +subparagraph (B) at each stage or phase of the selection board, +concurrent with the screening, rating, assessment, evaluation, +discussion, or other consideration by the board or member of the +official military personnel file of the officer, or of the officer.''. + (c) Effective Date.--The amendments made by this section shall take +effect on the date of the enactment of this Act, and shall apply with +respect to the proceedings of promotion selection boards convened under +section 611(a) of title 10, United States Code, after that date. + +SEC. 504. LIMITATION ON NUMBER OF OFFICERS RECOMMENDABLE FOR PROMOTION + BY PROMOTION SELECTION BOARDS. + + (a) In General.--Section 616 of title 10, United States Code is +amended-- + (1) by redesignating subsections (d), (e), (f), and (g) as + subsections (e), (f), (g), and (h), respectively; and + (2) by inserting after subsection (c) the following new + subsection (d): + ``(d) The number of officers recommended for promotion by a +selection board convened under section 611(a) of this title may not +exceed the number equal to 95 percent of the number of officers +included in the promotion zone established under section 623 of this +title for consideration by the board.''. + (b) Effective Date.--The amendments made by this section shall take +effect on the date of the enactment of this Act, and shall apply with +respect to consideration by promotion selection boards convened under +section 611(a) of title 10, United States Code, of promotion zones that +are established under section 623 of that title on or after that date. + +SEC. 505. EXPANSION OF AUTHORITY FOR CONTINUATION ON ACTIVE DUTY OF + OFFICERS IN CERTAIN MILITARY SPECIALTIES AND CAREER + TRACKS. + + Section 637a(a) of title 10, United States Code, is amended by +inserting ``separation or'' after ``provided for the''. + +SEC. 506. HIGHER GRADE IN RETIREMENT FOR OFFICERS FOLLOWING REOPENING + OF DETERMINATION OR CERTIFICATION OF RETIRED GRADE. + + (a) Advice and Consent of Senate Required for Higher Grade.-- +Section 1370(f) of title 10, United States Code, is amended-- + (1) by redesignating paragraph (5) as paragraph (6); and + (2) by inserting after paragraph (4) the following new + paragraph (5): + ``(5) If the retired grade of an officer is proposed to be +increased through the reopening of the determination or certification +of officer's retired grade, the increase in the retired grade shall be +made by the Secretary of Defense, by and with the advice and consent of +the Senate.''. + (b) Recalculation of Retired Pay.--Paragraph (6) of such section, +as redesignated by subsection (a)(1), is amended-- + (1) by inserting ``or increased'' after ``reduced''; + (2) by inserting ``as a result of the reduction or + increase'' after ``any modification of the retired pay of the + officer''; + (3) by inserting ``or increase'' after ``the reduction''; + and + (4) by adding at the end the following new sentence: ``An + officer whose retired grade is increased as described in the + preceding sentence shall not be entitled to an increase in + retired pay for any period before the effective date of the + increase.''. + (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 an +increase in the retired grade of an officer that occurs through a +reopening of the determination or certification of the officer's +retired grade of officer on or after that date, regardless of when the +officer retired. + +SEC. 507. AVAILABILITY ON THE INTERNET OF CERTAIN INFORMATION ABOUT + OFFICERS SERVING IN GENERAL OR FLAG OFFICER GRADES. + + (a) Availability Required.-- + (1) In general.--The Secretary of each military department + shall make available on an Internet website of such department + available to the public information specified in paragraph (2) + on each officer in a general or flag officer grade under the + jurisdiction of such Secretary, including any such officer on + the reserve active-status list. + (2) Information.--The information on an officer specified + by this paragraph to be made available pursuant to paragraph + (1) is the information as follows: + (A) The officer's name. + (B) The officer's current grade, duty position, + command or organization, and location of assignment. + (C) A summary list of the officer's past duty + assignments while serving in a general or flag officer + grade. + (b) Additional Public Notice on Certain Officers.--Whenever an +officer in a grade of O-7 or above is assigned to a new billet or +reassigned from a current billet, the Secretary of the military +department having jurisdiction of such officer shall make available on +an Internet website of such department available to the public a notice +of such assignment or reassignment. + (c) Limitation on Withholding of Certain Information or Notice.-- + (1) Limitation.--The Secretary of a military department may + not withhold the information or notice specified in subsections + (a) and (b) from public availability pursuant to subsection + (a), unless and until the Secretary notifies the Committees on + Armed Services of the Senate and the House of Representatives + in writing of the information or notice that will be so + withheld, together with justification for withholding the + information or notice from public availability. + (2) Limited duration of withholding.--The Secretary + concerned may withhold from the public under paragraph (1) + information or notice on an officer only on the bases of + individual risk to the officer or in the interest of national + security, and may continue to withhold such information or + notice only for so long as the basis for withholding remains in + force. + + Subtitle B--Reserve Component Management + +SEC. 511. REPEAL OF REQUIREMENT FOR REVIEW OF CERTAIN ARMY RESERVE + OFFICER UNIT VACANCY PROMOTIONS BY COMMANDERS OF + ASSOCIATED ACTIVE DUTY UNITS. + + Section 1113 of the Army National Guard Combat Readiness Reform Act +of 1992 (10 U.S.C. 10105 note) is repealed. + + Subtitle C--General Service Authorities + +SEC. 515. MODIFICATION OF AUTHORITIES ON MANAGEMENT OF DEPLOYMENTS OF + MEMBERS OF THE ARMED FORCES AND RELATED UNIT OPERATING + AND PERSONNEL TEMPO MATTERS. + + (a) Limitation on Scope of Delegations of Approval of Exceptions to +Deployment Thresholds.--Paragraph (3) of subsection (a) of section 991 +of title 10, United States Code, is amended by striking ``be delegated +to--'' and all that follows and inserting ``be delegated to a civilian +officer of the Department of Defense appointed by the President, by and +with the advice and consent of the Senate.''. + (b) Separate Policies on Dwell Time for Regular and Reserve +Members.--Paragraph (4) of such subsection is amended-- + (1) by striking ``addresses the amount'' and inserting + ``addresses each of the following: + ``(1) The amount''; + (2) in paragraph (1), as designated by paragraph (1) of + this subsection, by inserting ``regular'' before ``member''; + and + (3) by adding at the end the following new paragraph: + ``(2) The amount of dwell time a reserve member of the + armed forces remains at the member's permanent duty station + after completing a deployment of 30 days or more in length.''. + (c) Repeal of Authority to Prescribe Alternative Definition of +``Deployment''.--Subsection (b) of such section is amended by striking +paragraph (4). + +SEC. 516. REPEAL OF REQUIREMENT THAT PARENTAL LEAVE BE TAKEN IN ONE + INCREMENT. + + (a) In General.--Subsection (i) of section 701 of title 10, United +States Code, is amended-- + (1) by striking paragraph (5); and + (2) by redesignating paragraphs (6) through (10) as + paragraphs (5) through (9), respectively. + (b) Conforming Amendments.--Subsection (j)(4) of such section is +amended-- + (1) by striking ``paragraphs (6) through (10)'' and + inserting ``paragraphs (5) through (9)''; and + (2) by striking ``paragraph (9)(B)'' and inserting + ``paragraph (8)(B)''. + +SEC. 517. DIGITAL ENGINEERING AS A CORE COMPETENCY OF THE ARMED FORCES. + + (a) Policy.-- + (1) In general.--It shall be a policy of the Department of + Defense to promote and maintain digital engineering as a core + competency of the civilian and military workforces of the + Department, which policy shall be achieved by-- + (A) the recruitment, development, and retention of + civilian employees and members of the Armed Forces with + aptitude, experience, proficient expertise, or a + combination thereof in digital engineering in and to + the Department; + (B) at the discretion of the Secretaries of the + military departments, the development and maintenance + of civilian and military career tracks on digital + engineering, and related digital competencies + (including data science, machine learning, software + engineering, software product management, and + artificial intelligence product management) for + civilian employees of the Department and members of the + Armed Forces, including the development and maintenance + of training, education, talent management, incentives, + and promotion policies in support of members at all + levels of such career tracks; and + (C) the development and application of appropriate + readiness standards and metrics to measure and report + on the overall capability, capacity, use, and readiness + of digital engineering civilian and military workforces + to develop and deliver operational capabilities, + leverage modern digital engineering technologies, + develop advanced capabilities to support military + missions, and employ modern business practices. + (2) Digital engineering.--For purposes of this section, + digital engineering is the discipline and set of skills + involved in the creation, processing, transmission, + integration, and storage of digital data. + (b) Responsibility.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall appoint a +civilian official of the Department of Defense, at a level no lower +than Assistant Secretary of Defense, for the development and discharge +of the policy set forth in subsection (a). The official so designated +shall be known as the ``Chief Digital Engineering Recruitment and +Management Officer of the Department of Defense'' (in this section +referred to as the ``Officer''). + (c) Duties.--In developing and providing for the discharge of the +policy set forth in subsection (a), the Officer shall, in consultation +with the Secretaries of the miliary departments, do the following: + (1) Develop recruitment programs with various core + initiatives, programs, activities, and mechanisms to identify + and recruit civilians employees of the Department of Defense + and members of the Armed Forces with demonstrated aptitude, + interest, proficient expertise, or a combination thereof, in + digital engineering particularly, and in science, technology, + engineering, and mathematics (STEM) generally, including + initiatives, programs, activities, and mechanisms to target + populations of individuals not typically aware of opportunities + in the Armed Forces for a digital engineering career. + (2) Develop and maintain education, training, doctrine, and + professional development activities to support digital + engineering skills of civilian employees of the Department and + members of the Armed Forces. + (3) Coordinate and synchronize digital force management + activities throughout the Department, advise the Secretary of + Defense on all matters pertaining to the health and readiness + of digital forces, convene a Department-wide executive steering + group, and submit to Congress an annual report on the readiness + of digital forces and progress toward achieving the policy. + (4) Create a Department-wide mechanism to track digital + expertise in the workforce, develop and maintain organizational + policies, strategies, and plans sufficient to build, maintain, + and refresh internal capacity at scale, and report to the + Secretary quarterly on the health and readiness of digital + forces. + (5) Assist the military departments in designing, + developing, and executing programs and incentives to retain, + track, and oversee digital expertise among civilian employees + of the Department and members of the Armed Forces on active + duty. + (6) At the request of the Chief of Staff of an Armed Force, + or the head of another component or element of the Department, + undertake an executive search for key leadership positions in + digital engineering in such Armed Force, component, or element, + and develop and deploy agile hiring and competitive + compensation processes to fill such positions. + (7) Identify necessary changes in authorities, policies, + resources, or a combination thereof to further the policy. + (8) Develop a definition for digital engineering consistent + with and aligned to Department needs and processes. + (d) Plan.--Not later than June 1, 2020, the Secretary of Defense +shall submit to the Committees on Armed Services of the Senate and the +House of Representatives a plan to meet the requirements of this +section. The plan shall set forth the following: + (1) An identification of the Officer. + (2) A timeline for full implementation of the requirements + of this section. + (3) A description of the career tracks authorized by this + section for both the civilian and military workforces of the + Department of Defense. + (4) Recommendations for such legislative or administrative + action as the Secretary considers appropriate in connection + with implementation of such requirements. + +SEC. 518. MODIFICATION OF NOTIFICATION ON MANNING OF AFLOAT NAVAL + FORCES. + + (a) Timing of Notification.--Subsection (a) of section 525 of the +John S. McCain National Defense Authorization Act for Fiscal Year 2019 +(Public Law 115-232) is amended-- + (1) in the matter preceding paragraph (1), by striking + ``not later than 15 days after any of the following conditions + are met:'' and inserting ``not later than 30 days after the end + of each fiscal year quarter, of each covered ship (if any) + that, as of the last day of such fiscal year quarter, met + either condition as follows:''; and + (2) in paragraphs (1) and (2), by striking ``is less'' and + inserting ``was less''. + (b) Definitions of Manning Fit and Manning Fill.--Subsection (d) of +such section is amended in paragraphs (1) and (2) by striking ``the +billets authorized'' and inserting ``the ship manpower document +requirement.''. + +SEC. 519. REPORT ON EXPANSION OF THE CLOSE AIRMAN SUPPORT TEAM APPROACH + OF THE AIR FORCE TO THE OTHER ARMED FORCES. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretaries of the military departments +shall jointly submit to the Committees on Armed Services of the Senate +and the House of Representatives a report setting forth an assessment +of the Secretaries of the feasibility and advisability of expanding the +Close Airman Support (CAS) team approach of the Air Force to the other +Armed Forces under the jurisdiction of such Secretaries. + (b) Close Airman Support Team Approach.--The Close Airman Support +team approach of the Air Force referred to in subsection (a) is an +approach by which personnel associated with an Air Force squadron, and +led by a senior enlisted member of the squadron, take actions to +improve relationships and communication among members of the squadron +in order to promote positive social behaviors among such members as a +squadron, including an embrace of proactive pursuit of needed +assistance. + (c) Scope of Report.--If the Secretaries determine that expansion +of the Close Airman Support team approach to the other Armed Forces is +feasible and advisable, the report under subsection (a) shall include a +description of the manner in which the approach will be carried out in +the other Armed Forces, including the manner, if any, in which the +approach will be modified in the other Armed Forces to take into +account the unique circumstances of such Armed Forces. + + Subtitle D--Military Justice and Related Matters + +PART I--MATTERS RELATING TO INVESTIGATION, PROSECUTION, AND DEFENSE OF + SEXUAL ASSAULT GENERALLY + +SEC. 521. DEPARTMENT OF DEFENSE-WIDE POLICY AND MILITARY DEPARTMENT- + SPECIFIC PROGRAMS ON REINVIGORATION OF THE PREVENTION OF + SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES. + + (a) Policy Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall develop and issue +a comprehensive policy for the Department to reinvigorate the +prevention of sexual assault involving members of the Armed Forces. + (b) Policy Elements.-- + (1) In general.--The policy required by subsection (a) + shall include the following: + (A) Education and training for members of the Armed + Forces on the prevention of sexual assault. + (B) Elements for programs designed to encourage and + promote healthy relationships among members of the + Armed Forces. + (C) Elements for programs designed to empower and + enhance the role of non-commissioned officers in the + prevention of sexual assault. + (D) Elements for programs to foster social courage + among members of the Armed Forces to encourage and + promote intervention in situations in order to prevent + sexual assault. + (E) Processes and mechanisms designed to address + behaviors among members of the Armed Forces that are + included in the continuum of harm that frequently + results in sexual assault. + (F) Elements for programs designed to address + alcohol abuse, including binge drinking, among members + of the Armed Forces. + (G) Such other elements, processes, mechanisms, and + other matters as the Secretary of Defense considers + appropriate. + (2) Continuum of harm resulting in sexual assault.--For + purposes of paragraph (1)(E), the continuum of harm that + frequently results in sexual assault includes hazing, sexual + harassment, and related behaviors (including language choices, + off-hand statements, jokes, and unconscious attitudes or + biases) that create a permissive climate for sexual assault. + (c) Programs Required.--Not later than 180 days after the issuance +of the policy required by subsection (a), each Secretary of a military +department shall develop and implement for each Armed Force under the +jurisdiction of such Secretary a program to reinvigorate the prevention +of sexual assaults involving members of the Armed Forces. Each program +shall include the elements, processes, mechanisms, and other matters +developed by the Secretary of Defense pursuant to subsection (a) +tailored to the requirements and circumstances of the Armed Force or +Armed Forces concerned. + +SEC. 522. ENACTMENT AND EXPANSION OF POLICY ON WITHHOLDING OF INITIAL + DISPOSITION AUTHORITY FOR CERTAIN OFFENSES UNDER THE + UNIFORM CODE OF MILITARY JUSTICE. + + (a) Initial Disposition Authority.-- + (1) In general.--Except as provided in paragraph (2), the + proper authority for a determination of disposition of reported + offenses with respect to any offense specified in subsection + (b) shall be an officer in a grade not below the grade of O-6 + in the chain of command of the subject who is authorized by + chapter 47 of such title (the Uniform Code of Military Justice) + to convene special courts-martial. + (2) Authority when subject and victim are in different + chains of command.--If the victim of an offense specified in + subsection (b) is in a different chain of command than the + subject, the proper authority under paragraph (1), for any + reported offenses in connection with misconduct of the victim + arising out of the incident in which the offense is alleged to + have occurred, shall be an officer described in that paragraph + in the chain of command of the victim. + (3) Construction.--Nothing in this subsection shall be + construed-- + (A) to prohibit the preferral of charges by an + authorized person under section 830(a)(1) of title 10, + United States Code (article 30(a)(1) of the Uniform + code of Military Justice), with respect to the offenses + specified in subsection (b), and the forwarding of such + charges as so preferred to the proper authority under + paragraph (1) with a recommendation as disposition; or + (B) to prohibit an officer in a grade below the + grade of O-6 from advising an officer described in + paragraph (1) who is making a determination described + in that paragraph with respect to the disposition of + the offenses involved. + (b) Covered Offenses.--An offense specified in this subsection is +any offense as follows: + (1) An offense under section 893 of title 10, United States + Code (article 93 of the Uniform Code of Military Justice), + relating to cruelty and maltreatment, if the offense + constitutes sexual harassment. + (2) An offense under section 893a of title 10, United + States Code (article 93a of the Uniform Code of Military + Justice), relating to prohibited activity with a military + recruit or trainee by a person in a position of special trust. + (3) An offense under section 918 of title 10, United States + Code (article 118 of the Uniform Code of Military Justice), + relating to murder, if the offense is committed in connection + with family abuse or other domestic violence. + (4) An offense under section 919 of title 10, United States + Code (article 119 of the Uniform Code of Military Justice), + relating to manslaughter, if the offense is committed in + connection with family abuse or other domestic violence. + (5) An offense under section 919a of title 10, United + States Code (article 119a of the Uniform Code of Military + Justice), relating to death or injury of an unborn child, if + the offense is committed in connection with family abuse or + other domestic violence. + (6) An offense under section 919b of title 10, United + States Code (article 119b of the Uniform Code of Military + Justice), relating to child endangerment, if the offense is + committed in connection with family abuse or other domestic + violence. + (7) An offense under section 920 of title 10, United States + Code (article 120 of the Uniform Code of Military Justice), + relating to rape and sexual assault generally. + (8) An offense under section 920b of title 10, United + States Code (article 120b of the Uniform Code of Military + Justice), relating to rape and sexual assault of a child. + (9) An offense under section 920c of title 10, United + States Code (article 120c of the Uniform Code of Military + Justice), relating to other sexual misconduct. + (10) An offense under section 925 of title 10, United + States Code (article 125 of the Uniform Code of Military + Justice), relating to kidnapping, if the offense is committed + in connection with family abuse or other domestic violence. + (11) An offense under section 928 of title 10, United + States Code (article 128 of the Uniform Code of Military + Justice), relating to aggravated assault, if the offense is + committed in connection with family abuse or other domestic + violence. + (12) An offense under section 928a of title 10, United + States Code (article 128a of the Uniform Code of Military + Justice), relating to maiming, if the offense is committed in + connection with family abuse or other domestic violence. + (13) An offense under section 928b of title 10, United + States Code (article 128b of the Uniform Code of Military + Justice), relating to domestic violence. + (14) An offense under section 930 of title 10, United + States Code (article 130 of the Uniform Code of Military + Justice), relating to stalking, if the offense is committed in + connection with family abuse or other domestic violence. + (15) An offense under section 932 of title 10, United + States Code (article 132 of the Uniform Code of Military + Justice), relating to retaliation. + (16) An offense under section 934 of title 10, United + States Code (article 134 of the Uniform Code of Military + Justice), if the offense relates to child pornography. + (17) An offense under section 934 of title 10, United + States Code (article 134 of the Uniform Code of Military + Justice), if the offense-- + (A) relates to animal abuse; and + (B) is committed in connection with family abuse or + other domestic violence, + (18) An offense under section 934 of title 10, United + States Code (article 134 of the Uniform Code of Military + Justice), if the offense-- + (A) relates to negligent homicide; and + (B) is committed in connection with family abuse or + other domestic violence. + (19) An attempt to commit an offense specified in a + paragraph (1) through (18) as punishable under section 880 of + title 10, United States Code (article 80 of the Uniform Code of + Military Justice). + (c) Scope of Disposition Authority With Respect to Particular +Offenses.--The authority in subsection (a) of an officer to make a +disposition determination described in that subsection with respect to +any offense specified in subsection (b) extends to a determination of +disposition with respect to any other offenses against the subject +arising out of the incident in which the offense is alleged to have +occurred. + (d) Scope of Disposition Determinations.--Except for an offense +specified in section 818(c) of title 10, United States Code (article +18(c) of the Uniform Code of Military Justice), of which only general +courts-martial have jurisdiction, the disposition determinations +permissible in the exercise of the authority under this section with +respect to charges and specifications are as follows: + (1) No action. + (2) Administrative action. + (3) Imposition of non-judicial punishment. + (4) Preferral of charges. + (5) If such charges and specifications were preferred from + a subordinate, dismissal of charges or referral to court- + martial for trial. + (6) Forwarding to a superior or subordinate authority for + further disposition. + (e) Review of Certain Disposition Determinations.-- + (1) Initial review and recommendation.--If a disposition + determination under this section with respect to an offense is + for a disposition specified in paragraph (1), (2), or (3) of + subsection (d) and the legal advisor to the officer making the + disposition determination has recommended a disposition + specified in paragraph (4), (5), or (6) of that subsection, a + Special Victim Prosecutor (SVP), Senior Trial Counsel (STC), or + Regional Trial Counsel (RTC) not in the chain of command of the + officer making the disposition determination shall-- + (A) review the disposition determination; and + (B) recommend to the staff judge advocate in the + chain of command whether to endorse or supersede the + disposition determination. + (2) SJA review and advice.--Upon completion of a review of + a recommendation under paragraph (1)(B), the staff judge + advocate concerned shall advise the next superior commander in + the chain of command of the officer making the original + disposition determination whether such disposition + determination should be endorsed or superseded. + (3) Final disposition determination.--After considering + advice under paragraph (2) with respect to an original + disposition determination, the superior commander concerned + shall-- + (A) make a new disposition determination with + respect to the offenses concerned; or + (B) endorse the original disposition determination + for appropriate further action. + (f) Training.-- + (1) In general.--The training provided to commissioned + officers of the Armed Forces in grades O-6 and above on the + exercise of authority pursuant to this section for + determinations of the disposition of an offense specified in + subsection (b) shall include specific training on such matters + in connection with sexual harassment, sexual assault, and + family abuse and domestic violence as the Secretary of Defense + considers appropriate to make informed disposition + determinations under such authority. + (2) Construction.--Nothing in this subsection shall be + construed to deprive a court-martial of jurisdiction based on + the level or amount of training received by the disposition + authority pursuant to this section. + (g) Manual for Courts-Martial.--The President shall implement the +requirement of this section into the Manual for Courts-Martial in +accordance with section 836 of title 10, United States Code (article 36 +of the Uniform Code of Military Justice). + +SEC. 523. TRAINING FOR SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITIES + ON EXERCISE OF DISPOSITION AUTHORITY FOR SEXUAL ASSAULT + AND COLLATERAL OFFENSES. + + (a) In General.--The training for Sexual Assault Initial +Disposition Authorities (SAIDAs) on the exercise of disposition +authority under chapter 47, United States Code (the Uniform Code of +Military Justice), with respect to cases for which disposition +authority is withheld to such Authorities by the April 20, 2012, +memorandum of the Secretary of Defense, or any successor memorandum, +shall include comprehensive training on the exercise by such +Authorities of such authority with respect to such cases in order to +enhance the capabilities of such Authorities in the exercise of such +authority and thereby promote confidence and trust in the military +justice process with respect to such cases. + (b) Memorandum of Secretary of Defense.--The April 20, 2012, +memorandum of the Secretary of Defense referred to in subsection (a) is +the memorandum of the Secretary of Defense entitled ``Withholding +Initial Disposition Authority Under the Uniform Code of Military +Justice in Certain Sexual Assault Cases'' and dated April 20, 2012. + +SEC. 524. EXPANSION OF RESPONSIBILITIES OF COMMANDERS FOR VICTIMS OF + SEXUAL ASSAULT COMMITTED BY ANOTHER MEMBER OF THE ARMED + FORCES. + + (a) Notification of Victims of Events in Military Justice +Process.-- + (1) Notification required.--Except as provided in paragraph + (2), the commander of a member of the Armed Forces who is the + victim of an alleged sexual assault committed by another member + of the Armed Forces (whether or not such other member is in the + command of such commander) shall provide notification to such + victim of every key or other significant event in the military + justice process in connection with the investigation, + prosecution, and confinement of such other member for alleged + sexual assault. + (2) Election of victim not to receive.--A commander is not + required by paragraph (1) to provide notifications to a victim + as described in that paragraph if the victim elects not to be + provided such notifications. + (3) Documentation.--Each commander described in paragraph + (1) shall create and maintain appropriate documentation on the + following: + (A) Any notification provided as described in + paragraph (1). + (B) Any election made pursuant to paragraph (2). + (b) Documentation of Victim's Preference on Jurisdiction in +Prosecution.--In the case of a member of the Armed Forces who is the +victim of an alleged sexual assault committed by another member of the +Armed Forces who is subject to prosecution for such alleged offense +both by court-martial under chapter 47 of title 10, United States Code +(the Uniform Code of Military Justice), and by a civilian court under +Federal or State law, the commander of such victim shall create and +maintain appropriate documentation of the expressed preference, if any, +of such victim for prosecution of such alleged offense by court-martial +or by a civilian court as provided for by Rule 306(e) of the Rules for +Court-Martial. + (c) Regulations.--The Secretary of Defense shall prescribe in +regulations the requirements applicable to each of the following: + (1) Notifications under subsection (a)(1). + (2) Elections under subsection (a)(2). + (3) Documentation under subsection (a)(3). + (4) Documentation under subsection (b). + +SEC. 525. TRAINING FOR COMMANDERS IN THE ARMED FORCES ON THEIR ROLE IN + ALL STAGES OF MILITARY JUSTICE IN CONNECTION WITH SEXUAL + ASSAULT. + + (a) In General.--The training provided commanders in the Armed +Forces shall include comprehensive training on the role of commanders +in all stages of military justice in connection with sexual assaults by +members of the Armed Forces. + (b) Elements To Be Covered.--The training provided pursuant to +subsection (a) shall include training on the following: + (1) The role of commanders in each stage of the military + justice process in connection with sexual assault committed by + a member of the Armed Forces, including investigation and + prosecution. + (2) The role of commanders in assuring that victims in + sexual assault described in paragraph (1) are informed of, and + have the opportunity to obtain, assistance available for + victims of sexual assault by law. + (3) The role of commanders in assuring that victims in + sexual assault described in paragraph (1) are afforded the due + process rights and protections available to victims by law. + (4) The role of commanders in preventing retaliation + against victims, their family members, witnesses, first + responders, and bystanders for their their complaints, + statements, testimony, and status in connection with sexual + assault described in paragraph (1), including the role of + commanders in ensuring that subordinates in the command are + aware of their responsibilities in preventing such retaliation. + (5) The role of commanders in establishing and maintaining + a healthy command climate in connection with reporting on + sexual assault described in paragraph (1) and in the response + of the commander, subordinates in the command, and other + personnel in the command to such sexual assault, such + reporting, and the military justice process in connection with + such sexual assault. + (6) Any other matters on the role of commanders in + connection with sexual assault described in paragraph (1) that + the Secretary of Defense considers appropriate for purposes of + this section. + (c) Incorporation of Best Practices.-- + (1) In general.--The training provided pursuant to + subsection (a) shall incorporate best practices on all matters + covered by the training. + (2) Identification of best practices.--The Secretaries of + the military departments shall, acting through the training and + doctrine commands of the Armed Forces, undertake from time to + time surveys and other reviews of the matters covered by the + training provided pursuant to subsection (a) in order to + identify and incorporate into such training the most current + practicable best practices on such matters. + (d) Uniformity.--The Secretary of Defense shall ensure that the +training provided pursuant to subsection (a) is, to the extent +practicable, uniform across the Armed Forces. + +SEC. 526. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT OF PENDENCY OF + FURTHER ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION + NOT TO REFER TO TRIAL BY COURT-MARTIAL. + + Under regulations prescribed by the Secretary of Defense, upon a +determination not to refer a case of alleged sexual assault for trial +by court-martial under chapter 47 of title 10, United States Code (the +Uniform Code of Military Justice), the commander making such +determination shall periodically notify the victim of the status of a +final determination on further action on such case, whether non- +judicial punishment under section 815 of such title (article 15 of the +Uniform Code of Military Justice), other administrative action, or no +further action. Such notifications shall continue not less frequently +than monthly until such final determination. + +SEC. 527. SAFE TO REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES. + + (a) In General.--The Secretary of Defense shall, in consultation +with the Secretaries of the military departments and the Secretary of +Homeland Security, prescribe in regulations a safe to report policy +described in subsection (b) that applies with respect to all members of +the Armed Forces (including members of the reserve components of the +Armed Forces) and cadets and midshipmen at the military service +academies. + (b) Safe to Report Policy.--The safe to report policy described in +this subsection is a policy under which a member of the Armed Forces +who is the victim of an alleged sexual assault, but who may have +committed minor collateral misconduct at or about the time of such +alleged sexual assault, or whose minor collateral misconduct is +discovered only as a result of the investigation into such alleged +sexual assault, may report such alleged sexual assault to proper +authorities without fear or receipt of discipline in connection with +such minor collateral misconduct absent aggravating circumstances that +increase the gravity of the minor collateral misconduct or its impact +on good order and discipline. + (c) Minor Collateral Misconduct.--For purposes of the safe to +report policy, minor collateral misconduct shall include any of the +following: + (1) Improper use or possession of alcohol. + (2) Consensual intimate behavior (including adultery) or + fraternization. + (3) Presence in an off-limits area. + (4) Such other misconduct as the Secretary of Defense shall + specify in the regulations under subsection (a). + (d) Aggravating Circumstances.--The regulations under subsection +(a) shall specify aggravating circumstances that increase the gravity +of minor collateral misconduct or its impact on good order and +discipline for purposes of the safe to report policy. + +SEC. 528. REPORT ON EXPANSION OF AIR FORCE SAFE TO REPORT POLICY ACROSS + THE ARMED FORCES. + + (a) Report.--Not late than 180 days after the date of the enactment +of this Act, the Secretary of Defense shall, in consultation with the +Secretaries of the military departments and the Secretary of Homeland +Security, submit to the Committees on Armed Services of the Senate and +the House of Representatives a report setting forth an assessment of +the feasibility and advisability of expanding the applicability of the +safe to report policy described in subsection (b) so that the policy +applies across the Armed Forces. + (b) Safe to Report Policy.--The safe to report policy described in +this subsection is the policy, currently applicable in the Air Force +alone, under which a member of the Armed Forces who is the victim of an +alleged sexual assault committed by another member of the Armed Forces, +but who may have committed minor collateral misconduct at or about the +time of such alleged sexual assault, or whose minor collateral +misconduct at or about such time is discovered only as a result of the +investigation into such alleged sexual assault, may report such alleged +sexual assault to proper authorities without fear or receipt of +discipline in connection with such minor collateral misconduct. + +SEC. 529. PROPOSAL FOR SEPARATE PUNITIVE ARTICLE IN THE UNIFORM CODE OF + MILITARY JUSTICE ON SEXUAL HARASSMENT. + + Not later than 180 days after the date of the enactment of this +Act, the Joint Service Committee on Military Justice shall submit to +the Committees on Armed Services of the Senate and the House of +Representatives a report setting forth recommendations for legislative +and administrative action required to establish a separate punitive +article in chapter 47 of title 10, United States Code (the Uniform Code +of Military Justice), on sexual harassment. + +SEC. 530. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER PROGRAM + FOR CERTAIN PURPOSES. + + (a) Exclusion From FOIA.--Section 552 of title 5, United States +Code (commonly referred to as the ``Freedom of Information Act''), +shall not apply to any report for purposes of the Catch a Serial +Offender (CATCH) Program. + (b) Preservation of Restricted Report.--The transmittal or receipt +in connection with the Catch a Serial Offender Program of a report on a +sexual assault that is treated as a restricted report shall not operate +to terminate its treatment or status as a restricted report. + +SEC. 531. REPORT ON PRESERVATION OF RECOURSE TO RESTRICTED REPORT ON + SEXUAL ASSAULT FOR VICTIMS OF SEXUAL ASSAULT FOLLOWING + CERTAIN VICTIM OR THIRD-PARTY COMMUNICATIONS. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report making findings and recommendations on the +feasibility and advisability of a policy for the Department of Defense +that would permit a victim of a sexual assault, that is or may be +investigated as a result of a communication described in subsection +(b), which victim is a member of the Armed Forces or an adult dependent +of a member of the Armed Forces, to have the reporting on the sexual +assault be treated as a restricted report without regard to the party +initiating or receiving such communication. + (b) Communications.--A communication described in this subsection +is a communication reporting a sexual assault as follows: + (1) By the victim to a member of the Armed Forces, whether + a commissioned officer or a noncommissioned officer, in the + chain of command of the victim or the victim's military + sponsor. + (2) By the victim to military law enforcement personnel or + personnel of a military criminal investigative organization + (MCIO). + (3) By any individual other than victim. + (c) Scope of Findings and Recommendations.--The report required by +subsection (a) may include recommendations for new provisions of +statute or regulations, or modification of current statute or +regulations, that may be required to put into effect the findings and +recommendations described in subsection (a). + (d) Consultation.--In preparing the report required by subsection +(a), the Secretary shall consult with the Defense Advisory Committee on +Investigation, Prosecution, and Defense of Sexual Assault in the Armed +Forces (DAC-IPAD) under section 546 of the Carl Levin and Howard P. +``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 +(10 U.S.C. 1561 note). + +SEC. 532. AUTHORITY FOR RETURN OF PERSONAL PROPERTY TO VICTIMS OF + SEXUAL ASSAULT WHO FILE A RESTRICTED REPORT BEFORE + CONCLUSION OF RELATED PROCEEDINGS. + + Section 586 of the National Defense Authorization Act for Fiscal +Year 2012 (10 U.S.C. 1561 note) is amended-- + (1) by redesignating subsection (f) as subsection (e); + (2) in subsection (e), as so redesignated, in the + subsection heading, by inserting ``in Unrestricted Reporting + Cases'' after ``Proceedings''; and + (3) by adding at the end the following new subsection: + ``(f) Return of Personal Property in Restricted Reporting Cases.-- +(1) The Secretary of Defense shall prescribe procedures under which a +victim who files a restricted report on an incident of sexual assault +may request, at any time, the return of any personal property of the +victim obtained as part of the sexual assault forensic examination. + ``(2) The procedures shall ensure that-- + ``(A) a request of a victim under paragraph (1) may be made + on a confidential basis and without affecting the restricted + nature of the restricted report; and + ``(B) at the time of the filing of the restricted report, a + Sexual Assault Response Coordinator or Sexual Assault + Prevention and Response Victim Advocate-- + ``(i) informs the victim that the victim may + request the return of personal property as described in + paragraph (1); and + ``(ii) advises the victim that such a request for + the return of personal property may negatively impact a + subsequent case adjudication, if the victim later + decides to convert the restricted report to an + unrestricted report. + ``(3) Except with respect to personal property returned to a victim +under this subsection, nothing in this subsection shall affect the +requirement to retain a sexual assault forensic examination (SAFE) kit +for the period specified in subsection (c)(4)(A).''. + +SEC. 533. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON INVESTIGATION, + PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED + FORCES. + + Section 546(f)(1) 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 by striking ``five'' and inserting ``ten''. + +SEC. 534. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL + MISCONDUCT. + + (a) Establishment Required.-- + (1) In general.--The Secretary of Defense shall establish + and maintain within the Department of Defense an advisory + committee to be known as the ``Defense Advisory Committee for + the Prevention of Sexual Misconduct'' (in this section referred + to as the ``Advisory Committee''). + (2) Deadline for establishment.--The Secretary shall + establish the Advisory Committee not later than 180 days after + the date of the enactment of this Act. + (b) Membership.-- + (1) In general.--The Advisory Committee shall consist of + not more than 20 members, appointed by the Secretary from among + individuals who have an expertise appropriate for the work of + the Advisory Committee, including at least one individual with + each expertise as follows: + (A) Expertise in the prevention of sexual assault + and behaviors on the sexual assault continuum of harm. + (B) Expertise in the prevention of suicide. + (C) Expertise in the change of culture of large + organizations. + (D) Expertise in implementation science. + (2) Background of individuals.--Individuals appointed to + the Advisory Committee may include individuals with expertise + in sexual assault prevention efforts of institutions of higher + education, public health officials, and such other individuals + as the Secretary considers appropriate. + (3) Prohibition on membership of members of armed forces on + active duty.--A member of the Armed Forces serving on active + duty may not serve as a member of the Advisory Committee. + (c) Duties.-- + (1) In general.--The Advisory Committee shall advise the + Secretary on the following: + (A) The prevention of sexual assault (including + rape, forcible sodomy, other sexual assault, and other + sexual misconduct (including behaviors on the sexual + assault continuum of harm)) involving members of the + Armed Forces. + (B) The policies, programs, and practices of each + military department, each Armed Force, and each + military service academy for the prevention of sexual + assault as described in subparagraph (A). + (2) Basis for provision of advice.--For purposes of + providing advice to the Secretary pursuant to this subsection, + the Advisory Committee shall review, on an ongoing basis, the + following: + (A) Cases involving allegations of sexual assault + described in paragraph (1). + (B) Efforts of institutions of higher education to + prevent sexual assault among students. + (C) Any other information or matters that the + Advisory Committee or the Secretary considers + appropriate. + (3) Coordination of efforts.--In addition to the reviews + required by paragraph (2), for purposes of providing advice to + the Secretary the Advisory Committee shall also consult and + coordinate with the Defense Advisory Committee on + Investigation, Prosecution, and Defense of Sexual Assault in + the Armed Forces (DAC-IPAD) on matters of joint interest to the + two Advisory Committees. + (d) Annual Report.--Not later than March 30 each year, the Advisory +Committee shall submit to the Secretary and the Committees on Armed +Services of the Senate and the House of Representatives a report on the +activities of the Advisory Committee pursuant to this section during +the preceding year. + (e) Sexual Assault Continuum of Harm.--In this section, the term +``sexual assault continuum of harm'' includes-- + (1) inappropriate actions (such as sexist jokes), sexual + harassment, gender discrimination, hazing, cyber bullying, or + other behavior that contributes to a culture that is tolerant + of, or increases risk for, sexual assault; and + (2) maltreatment or ostracism of a victim for a report of + sexual misconduct. + +SEC. 535. INDEPENDENT REVIEWS AND ASSESSMENTS ON RACE AND ETHNICITY IN + THE INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL + ASSAULT IN THE ARMED FORCES. + + (a) Reviews and Assessments by DAC-IPAD.--The independent committee +established by the Secretary of Defense under section 546 of the Carl +Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act +for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3374), commonly +known as the ``DAC-IPAD'', shall conduct each of the following: + (1) A review and assessment, by fiscal year, of the race + and ethnicity of members of the Armed Forces accused of a + penetrative sexual assault offense or contact sexual assault + offense in an unrestricted report made pursuant to Department + of Defense Instruction 6495.02, including an unrestricted + report involving a spouse or intimate partner, in all cases + completed in each fiscal year assessed. + (2) A review and assessment, by fiscal year, of the race + and ethnicity of members of the Armed Forces against whom + charges were preferred pursuant to Rule for Courts-Martial 307 + for a penetrative sexual assault offense or contact sexual + assault offense in all cases completed in each fiscal year + assessed. + (3) A review and assessment, by fiscal year, of the race + and ethnicity of members of the Armed Forces who were convicted + of a penetrative sexual assault offense or contact sexual + assault offense in all cases completed in each fiscal year + assessed. + (b) Information From Federal Agencies.-- + (1) In general.--Upon request by the chair of the + committee, a department or agency of the Federal Government + shall provide information that the committees considers + necessary to conduct reviews and assessments required by + subsection (a), including military criminal investigation + files, charge sheets, records of trial, and personnel records. + (2) Handling, storage, and return.--The committee shall + handle and store all records received and reviewed under this + section in accordance with applicable privacy laws and + Department of Defense policy, and shall return all records so + received in a timely manner. + (c) Report.--Not later than one year after the date of the +enactment of this Act, the committee shall submit to the Secretary of +Defense, and to the Committees on Armed Services of the Senate and the +House of Representatives, a report setting forth the results of the +reviews and assessments required by subsection (a). The report shall +include such recommendations for legislative or administrative action +as the committee considers appropriate in light of such results. + (d) Definitions.--In this section: + (1) The term ``case'' means an unrestricted report of any + penetrative sexual assault offense or contact sexual assault + offense made against a member of the Armed Forces pursuant to + Department of Defense Instruction 6495.02, including any + unrestricted report involving a spouses or intimate partner for + which an investigation has been opened by a criminal + investigative organization. + (2) The term ``completed'', with respect to a case, means + that the case was tried to verdict, dismissed without further + action, or dismissed and then resolved by non-judicial or + administrative proceedings. + (3) The term ``contact sexual assault offense'' means + aggravated sexual contact, abusive sexual contact, wrongful + sexual contact, and attempts to commit such offenses under the + Uniform Code of Military Justice. + (4) The term ``penetrative sexual assault offense'' means + rape, aggravated sexual assault, sexual assault, forcible + sodomy, and attempts to commit such offenses under the Uniform + Code of Military Justice. + +SEC. 536. REPORT ON MECHANISMS TO ENHANCE THE INTEGRATION AND + SYNCHRONIZATION OF ACTIVITIES OF SPECIAL VICTIM + INVESTIGATION AND PROSECUTION PERSONNEL WITH ACTIVITIES + OF MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS. + + Not later than one year after the date of the enactment of this +Act, the Secretary of Defense shall, in consultation with the +Secretaries of the military departments, submit to the Committees on +Armed Services of the Senate and the House of Representatives a report +setting forth proposals for various mechanisms to enhance the +integration and synchronization of activities of Special Victim +Investigation and Prosecution (SVIP) personnel with activities of +military criminal investigative organizations (MCIOs) in investigations +in which both such personnel are or may be involved. If the proposed +mechanisms require legislative or administration action for +implementation, the report shall set forth such recommendations for +such action as the Secretary of Defense considers appropriate. + +SEC. 537. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON + IMPLEMENTATION BY THE ARMED FORCES OF RECENT STATUTORY + REQUIREMENTS ON SEXUAL ASSAULT PREVENTION AND RESPONSE IN + THE MILITARY. + + (a) Report Required.--The Comptroller General of the United States +shall submit to the Committees on Armed Services of the Senate and the +House of Representatives a report, in writing, on a study, conducted by +the Comptroller General for purposes of the report, on the +implementation by the Armed Forces of statutory requirements on sexual +assault prevention and response in the military in the National Defense +Authorization Act for Fiscal Year 2004 (Public Law 108-136) and each +succeeding national defense authorization Act through the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232). + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A list and citation of each statutory requirement + (whether codified or uncodified) on sexual assault prevention + and response in the military in each national defense + authorization Act specified in paragraph (1), including-- + (A) whether such statutory requirement is still in + force; and + (B) if such statutory requirement is no longer in + force, the date of the repeal or expiration of such + requirement. + (2) For each statutory requirement listed pursuant to + paragraph (1), the following: + (A) An assessment of the extent to which such + requirement was implemented, or is currently being + implemented, as applicable, by each Armed Force to + which such requirement applied or applies. + (B) A description and assessment of the actions + taken by each of the Department of Defense, the + military department concerned, and the Armed Force + concerned to assess and determine the effectiveness of + actions taken pursuant to such requirement in meeting + its intended objective. + (3) Any other matters in connection with the statutory + requirements specified in subsection (a), and the + implementation of such requirements by the Armed Forces, that + the Comptroller General considers appropriate. + (c) Briefings.--Not later than May 1, 2020, the Comptroller General +shall provide to the committees referred to in subsection (a) one or +more briefings on the status of the study required by subsection (a), +including any preliminary findings and recommendations of the +Comptroller General as a result of the study as of the date of such +briefing. + + PART II--SPECIAL VICTIMS' COUNSEL MATTERS + +SEC. 541. LEGAL ASSISTANCE BY SPECIAL VICTIMS' COUNSEL FOR VICTIMS OF + ALLEGED DOMESTIC VIOLENCE OFFENSES. + + (a) Conditional Expansion of Eligibility to Victims of Alleged +Domestic Violence Offenses.--Subsection (a) of section 1044e of title +10, United States Code, is amended by adding at the end the following +new paragraph: + ``(3) Legal counsel designated as described in paragraph (1) may +also provide legal assistance to any individual described in paragraph +(2)(B) or (2)(C) who is the victim of an alleged domestic violence +offense, and to any civilian individual not otherwise covered by +paragraph (2)(C) who is the victim of an alleged sex-related offense or +alleged domestic violence offense, if the Secretary of the military +department concerned determines (on a case-by-case basis) that +resources are available for the provision of such assistance to such +individual without impairing the capacity to provide assistance under +paragraph (1) to victims of alleged sex-related offenses described in +paragraph (2).''. + (b) Definitions.--Subsection (g) of such section is amended to read +as follows: + ``(g) Definitions.--In this section: + ``(1) The term `alleged covered offense' means any of the + following: + ``(A) An alleged sex-related offense. + ``(B) An alleged domestic violence offense. + ``(2) The term `alleged sex-related offense' means any + allegation of-- + ``(A) a violation of section 920, 920b, 920c, or + 930 of this title (article 120, 120b, 120c, or 130 of + the Uniform Code of Military Justice); or + ``(B) an attempt to commit an offense specified in + a subparagraph (A) as punishable under section 880 of + this title (article 80 of the Uniform Code of Military + Justice). + ``(3) The term `alleged domestic violence offense' means + any allegation of-- + ``(A) a violation of section 928, 928b(1), 928b(5), + or 930 of this title (article 128, 128b(1), 128b(5), or + 130 of the Uniform Code of Military Justice), when + committed against a spouse, intimate partner, or + immediate family member; + ``(B) a violation of any other provision of + subchapter X of chapter 47 of this title (the Uniform + Code of Military Justice), when committed against a + spouse, intimate partner, or immediate family member, + as specified by the Secretary concerned for purposes of + eligibility for legal consultation and assistance by + Special Victims' Counsel under the jurisdiction of such + Secretary under this section; or + ``(C) an attempt to commit an offense specified in + a subparagraph (A) or (B) as punishable under section + 880 of this title (article 80 of the Uniform Code of + Military Justice).''. + (c) Conforming Amendments.--Such section is further amended-- + (1) in subsections (b) and (f), by striking ``alleged sex- + related offense'' each place it appears (other than subsection + (f)(1)) and inserting ``alleged covered offense concerned''; + and + (2) in subsection (f)-- + (A) by striking ``subsection (a)(2)'' each place it + appears and inserting ``paragraph (2) or (3) of + subsection (a)''; and + (B) in paragraph (1), by striking ``an alleged sex- + related offense'' and inserting ``an alleged covered + offense''. + (d) Clerical Amendments.-- + (1) Heading amendment.--The heading of such section is + amended to read as follows: +``Sec. 1044e. Special Victims' Counsel: victims of sex-related + offenses; victims of domestic violence offenses''. + (2) Table of sections.--the table of sections at the + beginning of chapter 53 of such title is amended by striking + the item relating to section 1044e and inserting the following + new item: + +``1044e. Special Victims' Counsel: victims of sex-related offenses; + victims of domestic violence offenses.''. + +SEC. 542. OTHER SPECIAL VICTIMS' COUNSEL MATTERS. + + (a) Enhancement of Legal Consultation and Assistance in Connection +With Potential Victim Benefits.--Paragraph (8)(D) of subsection (b) of +section 1044e of title 10, United States Code, is amended by striking +``and other'' and inserting ``, section 1408(h) of this title, and +other''. + (b) Expansion of Legal Assistance Authorized to Include +Consultation and Assistance for Retaliation.--Subsection (b) of such +section is amended further-- + (1) by redesignating paragraph (10) as paragraph (11); and + (2) by inserting after paragraph (9) the following new + paragraph (10): + ``(10) Legal consultation and assistance in connection with + an incident of retaliation, whether such incident occurs + before, during, or after the conclusion of any criminal + proceedings, including-- + ``(A) in understanding the rights and protections + afforded to victims of retaliation; + ``(B) in the filing of complaints; and + ``(C) in any resulting military justice + proceedings.''. + (c) Codification of Duty to Determine Victim's Preference for +Prosecution of Alleged Sex-related Offense by Court-martial or Civilian +Court.-- + (1) In general.--Such section is further amended-- + (A) by redesignating subsections (d) through (h) as + subsections (e) through (i), respectively; and + (B) by inserting after subsection (c) the following + new subsection (d): + ``(d) Duty to Determine Victim's Preference for Prosecution of an +Alleged Sex-related Offense by Court-martial or Civilian Court.--(1) In +providing legal consultation and representation to a victim under this +section in connection with an alleged sex-related offense that occurs +in the United States, a Special Victims' Counsel shall have the duty-- + ``(A) to solicit the victim's preference regarding whether + the offense should be prosecuted by court-martial or in a + civilian court with jurisdiction over the offense; and + ``(B) to make the victim's preference, if offered, known to + appropriate military prosecutors. + ``(2) Any consultation by a Special Victims' Counsel pursuant to +paragraph (1) shall occur in accordance with the process for such +consultation established pursuant to section 534(b) of the Carl Levin +and Howard P. `Buck' McKeon National Defense Authorization Act for +Fiscal Year 2015 (10 U.S.C. 1044e note) or such other process as the +Secretary of Defense shall establish for that purpose.''. + (2) Conforming amendment.--Paragraph (11) of subsection (b) + of such section, as redesignated by subsection (b)(1) of this + section, is amended by striking ``subsection (h)'' and + inserting ``subsection (i)''. + (d) Effective Date.--The amendments made by this section shall take +effect on the date that is 180 days after the date of the enactment of +this Act. + (e) Report on Expansion of Eligibility for SVC Services for Victims +of Alleged Domestic Violence Offenses and Related Matters.-- + (1) In general.--Not later than 120 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the Committees on Armed Services of the Senate and + the House of Representatives a report setting forth a + description and assessment of the manner in which the + Department of Defense would implement amendments to section + 1044e of title 10, United States Code, that would provide for + the following: + (A) An expansion of eligibility for Special + Victims' Counsel services for victims of alleged + domestic violence offenses. + (B) An expansion of eligibility for Special + Victim's Counsel services to any civilians who are the + victim of an alleged sex-related offense or an alleged + domestic violence offense, in cases in which the + Secretary concerned waives the condition in section + 1044(a)(7) of title 10, United States Code, for + purposes of such eligibility. + (2) Elements.--The report required by paragraph (1) shall + include a comprehensive description of the additional personnel + (including the specific number of additional billets), + resources, and training required to implement the amendments + described in that paragraph such that such amendments are fully + implemented by not later than September 30, 2025. + (3) Definitions.--In this subsection: + (A) The term ``alleged sex-related offense'' has + the meaning given that term in section 1044e(g) of + title 10, United States Code. + (B) The term ``alleged domestic violence offense'' + means any allegation of-- + (i) a violation of section 928(b), 928b(1), + 928b(5), or 930 of title 10, United States Code + (article 128(b), 128b(1), 128b(5), or 130 of + the Uniform Code of Military Justice), when + committed against a spouse, intimate partner, + or immediate family member; + (ii) a violation of any other provision of + subchapter X of chapter 47 of such title (the + Uniform Code of Military Justice), when + committed against a spouse, intimate partner, + or immediate family member, if specified by any + Secretary concerned for purposes of eligibility + for legal consultation and assistance by + Special Victims' Counsel under the amendments + described in paragraph (1); and + (iii) an attempt to commit an offense + specified in clause (i) or (ii) as punishable + under section 880 of such title (article 80 of + the Uniform Code of Military Justice). + (C) The term ``Secretary concerned'' has the + meaning given that term in section 101(a)(9) of title + 10, United States Code. + +SEC. 543. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AT MILITARY + INSTALLATIONS. + + (a) Deadline for Availability.--If a Special Victims' Counsel is +not available at a military installation for access by a member of the +Armed Forces who requests access to such a Counsel, such a Counsel +shall be made available at such installation for access by such member +by not later than 72 hours after such request. + (b) Report on Civilian Support of SVCs.--Not later than 180 days +after the date of the enactment of this Act, each Secretary of a +military department shall submit to the Committees on Armed Services of +the Senate and the House of Representatives a report setting forth the +assessment of such Secretary of the feasibility and advisability of +establishing and maintaining for each Special Victims' Counsel under +the jurisdiction of such Secretary one or more civilian positions for +the purpose of-- + (1) providing support to such Special Victims' Counsel; and + (2) ensuring continuity and the preservation of + institutional knowledge in transitions between the service of + individuals as such Special Victims' Counsel. + +SEC. 544. TRAINING FOR SPECIAL VICTIMS' COUNSEL ON CIVILIAN CRIMINAL + JUSTICE MATTERS IN THE STATES OF THE MILITARY + INSTALLATIONS TO WHICH ASSIGNED. + + (a) Training.--Upon the assignment of a Special Victims' Counsel +(including a Victim Legal Counsel of the Navy) to a military +installation in the United States, such Counsel shall be provided +appropriate training on the law and policies of the State or States in +which such military installation is located with respect to the +criminal justice matters specified in subsection (b). + (b) Criminal Justice Matters.--The criminal justice matters +specified in this subsection, with respect to a State, are the +following: + (1) Victim rights. + (2) Protective orders. + (3) Prosecution of criminal offenses. + (4) Sentencing for conviction of criminal offenses. + + PART III--BOARDS FOR CORRECTION OF MILITARY RECORDS AND DISCHARGE + REVIEW BOARD MATTERS + +SEC. 546. REPEAL OF 15-YEAR STATUTE OF LIMITATIONS ON MOTIONS OR + REQUESTS FOR REVIEW OF DISCHARGE OR DISMISSAL FROM THE + ARMED FORCES. + + (a) Repeal.--Section 1553(a) of title 10, United States Code, is +amended by striking the second sentence. + (b) Effective Date.--The amendment made by this section shall take +effect on October 1, 2020. + +SEC. 547. REDUCTION IN REQUIRED NUMBER OF MEMBERS OF DISCHARGE REVIEW + BOARDS. + + Section 1553(a) of title 10, United States Code, is amended by +striking ``five'' and inserting ``not fewer than three''. + +SEC. 548. ENHANCEMENT OF PERSONNEL ON BOARDS FOR THE CORRECTION OF + MILITARY RECORDS AND DISCHARGE REVIEW BOARDS. + + (a) Boards for the Correction of Military Records.--Section 1552 of +title 10, United States Code, is amended-- + (1) in subsection (g), by inserting ``, or a social worker + with training on mental health issues connected with post- + traumatic stress disorder or traumatic brain injury or other + trauma,'' after ``psychiatrist''; and + (2) in subsection (h)(2)(A), by inserting ``(including a + social worker with training on mental health issues connected + with post-traumatic stress disorder or traumatic brain injury + or other trauma)'' after ``a civilian health care provider''. + (b) Discharge Review Boards.--Section 1553 of such title is +amended-- + (1) in subsection (d)(1), by inserting ``, or a social + worker with training on mental health issues connected with + post-traumatic stress disorder or traumatic brain injury or + other trauma,'' after ``psychiatrist'' both places it appears; + and + (2) in subsection (e), by inserting ``a social worker with + training on mental health issues connected with post-traumatic + stress disorder or traumatic brain injury or other trauma,'' + after ``or psychiatrist,''. + +SEC. 549. INCLUSION OF INTIMATE PARTNER VIOLENCE AND SPOUSAL ABUSE + AMONG SUPPORTING RATIONALES FOR CERTAIN CLAIMS FOR + CORRECTIONS OF MILITARY RECORDS AND DISCHARGE REVIEW. + + (a) Correction of Military Records.--Section 1552(h)(1) of title +10, United States Code, is amended by striking ``or military sexual +trauma'' and inserting ``, sexual trauma, intimate partner violence, or +spousal abuse''. + (b) Discharge Review.--Section 1553(d)(3)(B) of such title is +amended by striking ``or military sexual trauma'' and inserting ``, +sexual trauma, intimate partner violence, or spousal abuse''. + +SEC. 550. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN REVIEW BY BOARDS FOR + CORRECTION OF MILITARY RECORDS AND DISCHARGE REVIEW + BOARDS OF CERTAIN CLAIMS. + + (a) Boards for Correction of Military Records.--Section 1552(g) of +title 10, United States Code, is amended-- + (1) by inserting ``(1)'' after ``(g)''; and + (2) by adding at the end the following new paragraph: + ``(2) If a board established under subsection (a)(1) is reviewing a +claim described in subsection (h), the board shall seek advice and +counsel in the review from a psychiatrist, psychologist, or social +worker with training on mental health issues associated with post- +traumatic stress disorder or traumatic brain injury or other trauma as +specified in the current edition of the Diagnostic and Statistical +Manual of Mental Disorders published by the American Psychiatric +Association. + ``(3) If a board established under subsection (a)(1) is reviewing a +claim in which sexual trauma, intimate partner violence, or spousal +abuse is claimed, the board shall seek advice and counsel in the review +from an expert in trauma specific to sexual assault, intimate partner +violence, or spousal abuse, as applicable.''. + (b) Discharge Review Boards.--Section 1553(d)(1) of such title is +amended-- + (1) by inserting ``(A)'' after ``(1)''; and + (2) by adding at the end the following new subparagraph; + ``(B) In the case of a former member described in paragraph (3)(B) +who claims that the former member's post-traumatic stress disorder or +traumatic brain injury as described in that paragraph in based in whole +or in part on sexual trauma, intimate partner violence, or spousal +abuse, a board established under this section to review the former +member's discharge or dismissal shall seek advice and counsel in the +review from a psychiatrist, psychologist, or social worker with +training on mental health issues associated with post-traumatic stress +disorder or traumatic brain injury or other trauma as specified in the +current edition of the Diagnostic and Statistical Manual of Mental +Disorders published by the American Psychiatric Association.''. + +SEC. 551. TRAINING OF MEMBERS OF BOARDS FOR CORRECTION OF MILITARY + RECORDS AND DISCHARGE REVIEW BOARDS ON SEXUAL TRAUMA, + INTIMATE PARTNER VIOLENCE, SPOUSAL ABUSE, AND RELATED + MATTERS. + + (a) Boards for Correction of Military Records.--The curriculum of +training for members of boards for the correction of military records +under section 534(c) of the National Defense Authorization Act for +Fiscal Year 2017 (10 U.S.C. 1552 note) shall include training on each +of the following: + (1) Sexual trauma. + (2) Intimate partner violence. + (3) Spousal abuse. + (4) The various responses of individuals to trauma. + (b) Discharge Review Boards.-- + (1) In general.--Each Secretary concerned shall develop and + provide training for members of discharge review boards under + section 1553 of title 10, United States Code, that are under + the jurisdiction of such Secretary on each of the following: + (A) Sexual trauma. + (B) Intimate partner violence. + (C) Spousal abuse. + (D) The various responses of individuals to trauma. + (2) Uniformity of training.--The Secretary of Defense and + the Secretary of Homeland Security shall jointly ensure that + the training developed and provided pursuant to this subsection + is, to the extent practicable, uniform. + (3) Secretary concerned defined.--In this subsection, the + term ``Secretary concerned'' has the meaning given that term in + section 101(a)(9) of title 10, United States Code. + +SEC. 552. LIMITATIONS AND REQUIREMENTS IN CONNECTION WITH SEPARATIONS + FOR MEMBERS OF THE ARMED FORCES WHO SUFFER FROM MENTAL + HEALTH CONDITIONS IN CONNECTION WITH A SEX-RELATED, + INTIMATE PARTNER VIOLENCE-RELATED, OR SPOUSAL-ABUSE + OFFENSE. + + (a) Confirmation of Diagnosis of Condition Required Before +Separation.--Before a member of the Armed Forces who was the victim of +a sex-related offense, an intimate partner violence-related offense, or +a spousal-abuse offense during service in the Armed Forces (whether or +not such offense was committed by another member of the Armed Forces), +and who has a mental health condition not amounting to a physical +disability, is separated, discharged, or released from the Armed Forces +based solely on such condition, the diagnosis of such condition must +be-- + (1) corroborated by a competent mental health care + professional at the peer level or a higher level of the health + care professional making the diagnosis; and + (2) endorsed by the Surgeon General of the military + department concerned. + (b) Narrative Reason for Separation if Mental Health Condition +Present.--If the narrative reason for discharge, separation, or release +from the Armed Forces of a member of the Armed Forces is a mental +health condition that is not a disability, the appropriate narrative +reason for the discharge, separation, or release shall be condition, +not a disability, or Secretarial authority. + (c) Definition.--In this section: + (1) The term ``intimate partner violence-related offense'' + means the following: + (A) An offense under section 928 or 930 of title + 10, United States Code (article 128 or 130 of the + Uniform Code of Military Justice). + (B) An offense under State law for conduct + identical or substantially similar to an offense + described in subparagraph (A). + (2) The term ``sex-related offense'' means the following: + (A) An offense under section 920 or 920b of title + 10, United States Code (article 120 or 120b of the + Uniform Code of Military Justice). + (B) An offense under State law for conduct + identical or substantially similar to an offense + described in subparagraph (A). + (3) The term ``spousal-abuse offense'' means the following: + (A) An offense under section 928 of title 10, + United States Code (article 128 of the Uniform Code of + Military Justice). + (B) An offense under State law for conduct + identical or substantially similar to an offense + described in subparagraph (A). + (d) Effective Date.--This section shall take effect 180 days after +the date of the enactment of this Act, and shall apply with respect to +separations, discharges, and releases from the Armed Forces that occur +on or after that effective date. + +SEC. 553. LIBERAL CONSIDERATION OF EVIDENCE IN CERTAIN CLAIMS BY BOARDS + FOR THE CORRECTION OF MILITARY RECORDS AND DISCHARGE + REVIEW BOARDS. + + (a) Boards for the Correction of Military Records.-- + (1) In general.--Section 1552(h) of title 10, United States + Code, is amended-- + (A) by striking paragraph (1); + (B) by striking ``(2) In the case of a claimant + described in paragraph (1), a board'' and inserting ``A + board''; + (C) by redesignating subparagraphs (A) and (B) as + paragraphs (1) and (2), respectively; + (D) in paragraph (1), as redesignated by + subparagraph (C), by inserting ``all evidence presented + by the claimant, including lay evidence and information + and'' after ``review''; and + (E) by striking paragraph (2), as so redesignated, + and inserting the following new paragraph (2): + ``(2) if a claim alleges error or injustice in the + claimant's discharge or dismissal, or the characterization of + such discharge or dismissal, review such claim with liberal + consideration of all evidence and information submitted by, or + pertaining to, the claimant.''. + (2) Effective date.--The amendments made by paragraph (1) + shall take effect on the date of the enactment of this Act, and + shall apply with respect to claims submitted to boards for the + correction of military records under section 1552 of title 10, + United States Code, on or after that date. + (b) Discharge Review Boards.-- + (1) In general.--Section 1553 of title 10, United States + Code, is amended-- + (A) in subsection (c)-- + (i) by inserting ``(1)'' after ``(c)''; and + (ii) by adding at the end the following new + paragraph: + ``(2) A board established under this section shall-- + ``(A) review all evidence and information provided by the + former member, including lay evidence and information and + medical evidence of the Secretary of Veterans Affairs or a + civilian health care provider that is provided by the former + member; and + ``(B) review the claim with liberal consideration of all + evidence and information submitted by, or pertaining to, the + former member.''; and + (B) in subsection (d), by striking paragraph (3). + (2) Effective date.--The amendments made by paragraph (1) + shall take effect on the date of the enactment of this Act, and + shall apply with respect to motions or requests for review + submitted to discharge review boards under section 1553 of + title 10, United States Code, on or after that date. + + PART IV--OTHER MILITARY JUSTICE MATTERS + +SEC. 555. EXPANSION OF PRE-REFERRAL MATTERS REVIEWABLE BY MILITARY + JUDGES AND MILITARY MAGISTRATES IN THE INTEREST OF + EFFICIENCY IN MILITARY JUSTICE. + + (a) In General.--Subsection (a) of section 830a of title 10, United +States Code (article 30a of the Uniform Code of Military Justice), is +amended by striking paragraphs (1) and (2) and inserting the following +new paragraphs: + ``(1) The President shall prescribe regulations for matters +relating to proceedings conducted before referral of charges and +specifications to court-martial for trial, including the following: + ``(A) Pre-referral investigative subpoenas. + ``(B) Pre-referral warrants or orders for electronic + communications. + ``(C) Pre-referral matters referred by an appellate court. + ``(D) Pre-referral matters under subsection (c) or (e) of + section 806b of this title (article 6b). + ``(E) Pre-referral matters relating to the following: + ``(i) Pre-trial confinement of an accused. + ``(ii) The mental capacity or responsibility of an + accused. + ``(iii) A request for an individual military + counsel. + ``(2) In addition to the matters specified in paragraph (1), the +regulations prescribed under that paragraph shall-- + ``(A) set forth the matters that a military judge may rule + upon in such proceedings; + ``(B) include procedures for the review of such rulings; + ``(C) include appropriate limitations to ensure that + proceedings under this section extend only to matters that + would be subject to consideration by a military judge in a + general or special court-martial; + ``(D) provide such limitations on the relief that may be + ordered under this section as the President considers + appropriate; and + ``(E) provide for treatment of such other pre-referral + matters as the President may prescribe.''. + (b) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of such section is + amended to read as follows: +``Sec. 830a. Art 30a. Proceedings conducted before referral''. + (2) Clerical amendment.--The table of sections at the + beginning of subchapter VI of chapter 47 of title 10, United + States Code (the Uniform Code of Military Justice), is amended + by striking the item relating to section 830a (article 30a) and + inserting the following new item: + +``830a. 30a. Proceedings conducted before referral.''. + +SEC. 556. POLICIES AND PROCEDURES ON REGISTRATION AT MILITARY + INSTALLATIONS OF CIVILIAN PROTECTIVE ORDERS APPLICABLE TO + MEMBERS OF THE ARMED FORCES ASSIGNED TO SUCH + INSTALLATIONS AND CERTAIN OTHER INDIVIDUALS. + + (a) Policies and Procedures Required.--Not later than one year +after the date of the enactment of this Act, the Secretary of Defense +shall, in consultation with the Secretaries of the military +departments, establish policies and procedures for the registration at +military installations of any civilian protective orders described in +subsection (b), including the duties and responsibilities of commanders +of installations in the registration process. + (b) Civilian Protective Orders.--A civilian protective order +described in this subsection is any civilian protective order as +follows: + (1) A civilian protective order against a member of the + Armed Forces assigned to the installation concerned. + (2) A civilian protective order against a civilian employee + employed at the installation concerned. + (3) A civilian protective order against the civilian spouse + or intimate partner of a member of the Armed Forces on active + duty and assigned to the installation concerned, or of a + civilian employee described in paragraph (2), which order + provides for the protection of such member or employee. + (c) Particular Elements.--The policies and procedures required by +subsection (a) shall include the following: + (1) A requirement for notice between and among the + commander, military law enforcement elements, and military + criminal investigative elements of an installation when a + member of the Armed Forces assigned to such installation, a + civilian employee employed at such installation, a civilian + spouse or intimate partner of a member assigned to such + installation, or a civilian spouse or intimate partner of a + civilian employee employed at such installation becomes subject + to a civilian protective order. + (2) A statement of policy that failure to register a + civilian protective order may not be a justification for the + lack of enforcement of such order by military law enforcement + and other applicable personnel who have knowledge of such + order. + (d) Letter.--As soon as practicable after establishing the policies +and procedures required by subsection (a), the Secretary shall submit +to the Committees on Armed Services of the Senate and the House of +Representatives a letter that includes the following: + (1) A detailed description of the policies and procedures. + (2) A certification by the Secretary that the policies and + procedures have been implemented on each military installation. + +SEC. 557. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS FOR THE + MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS. + + (a) In General.--Each Secretary of a military department shall take +appropriate actions to increase the number of digital forensic +examiners in each military criminal investigative organization (MCIO) +under the jurisdiction of such Secretary by not fewer than 10 from the +authorized number of such examiners for such organization as of +September 30, 2019. + (b) Military Criminal Investigative Organizations.--For purposes of +this section, the military criminal investigative organizations are the +following: + (1) The Army Criminal Investigation Command. + (2) The Naval Criminal Investigative Service. + (3) The Air Force Office of Special Investigations. + (4) The Marine Corps Criminal Investigation Division. + (c) Funding.--Funds for additional digital forensic examiners as +required by subsection (a) for fiscal year 2020, including for +compensation, initial training, and equipment, shall be derived from +amounts authorized to be appropriated for that fiscal year for the +Armed Force concerned for operation and maintenance. + +SEC. 558. SURVEY OF MEMBERS OF THE ARMED FORCES ON THEIR EXPERIENCES + WITH MILITARY INVESTIGATIONS AND MILITARY JUSTICE. + + (a) In General.--Chapter 23 of title 10, United States Code, is +amended by inserting after section 481a the following new section: +``Sec. 481b. Military investigation and justice experiences: survey of + members of the armed forces + ``(a) Surveys Required.--(1) The Secretary of Defense shall conduct +from time to time a survey on the experiences of members of the armed +forces with military investigations and military justice in accordance +with this section and guidance issued by the Secretary for purposes of +this section. + ``(2) The survey under this section shall be known as the `Military +Investigation and Justice Experience Survey'. + ``(b) Matters Covered by Survey.--The guidance issued by the +Secretary under this section on the survey shall include specification +of the following: + ``(1) The individuals to be surveyed, including any member + of the armed forces serving on active duty who is a victim of + an alleged sex-related offense and who made an unrestricted + report of that offense. + ``(2) The matters to be covered in the survey, including-- + ``(A) the experience of the individuals surveyed + with the military criminal investigative organization + that investigated the alleged offense, and with the + Special Victims' Counsel in the case of a member who + was the victim of an alleged sex-related offense; and + ``(B) if the individual's report resulted in a + charge or charges that were referred to a court- + martial, the experience of the individual with the + prosecutor and the court-martial in general. + ``(3) The timing of the administration of the survey, + including when the investigation or case is closed or otherwise + complete. + ``(c) Frequency of Survey.--The survey required by this section +shall be conducted at least once every four years, but not more +frequently than once every two years. + ``(d) Definitions.--In this section: + ``(1) Alleged sex-related offense.--The term `alleged sex- + related offense' has the meaning provided in section 1044e(g) + of this title. + ``(2) Unrestricted report.--The term `unrestricted report' + means a report that is not a restricted report. + ``(3) Restricted report.--The term `restricted report' + means a report concerning a sexual assault that is treated as a + restricted report under section 1565b(b) of this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 23 of such title is amended by inserting after the item +relating to section 481a the following new item: + +``481b. Military investigation and justice experiences: survey of + members of the armed forces.''. + +SEC. 559. PUBLIC ACCESS TO DOCKETS, FILINGS, AND COURT RECORDS OF + COURTS-MARTIAL OR OTHER RECORDS OF TRIAL OF THE MILITARY + JUSTICE SYSTEM. + + (a) In General.--Section 940a of title 10, United States Code +(article 140a of the Uniform Code of Military Justice), is amended-- + (1) by striking ``The Secretary of Defense'' and inserting + ``(a) In General.--The Secretary of Defense, in consultation + with the Secretary of Homeland Security,''; + (2) in subsection (a), as designated by paragraph (1)-- + (A) in the matter preceding paragraph (1), by + inserting ``(including with respect to the Coast + Guard)'' after ``military justice system''; and + (B) in paragraph (4), by inserting ``public'' + before ``access to docket information''; and + (3) by adding at the end the following new subsections: + ``(b) Inapplicability of Privacy Act.--Section 552a of title 5 +shall not apply to records of trial produced or distributed within the +military justice system or docket information, filings, and records +made publicly accessible in accordance with the uniform standards and +criteria for conduct established by the Secretary under subsection (a). + ``(c) Protection of Certain Personally Identifiable Information.-- +Records of trial, docket information, filings, and other records made +publicly accessible in accordance with the uniform standards and +criteria for conduct established by the Secretary under subsection (a) +shall restrict access to personally identifiable information of minors +and victims of crime (including victims of sexual assault and domestic +violence), as practicable to the extent such information is restricted +in electronic filing systems of Federal and State courts. + ``(d) Inapplicability to Certain Dockets and Records.--Nothing in +this section shall be construed to provide public access to docket +information, filings, or records that are classified, subject to a +judicial protective order, or ordered sealed.''. + (b) Existing Standards and Criteria.--The Secretary of Homeland +Security shall apply to the Coast Guard the standards and criteria for +conduct established by the Secretary of Defense under section 940a of +title 10, United States Code (article 140a of the Uniform Code of +Military Justice), as in effect on the day before the date of the +enactment of this Act, until such time as the Secretary of Defense, in +consultation with the Secretary of Homeland Security, prescribes +revised standards and criteria for conduct under such section that +implement the amendments made by subsection (a) of this section. + +SEC. 560. PILOT PROGRAMS ON DEFENSE INVESTIGATORS IN THE MILITARY + JUSTICE SYSTEM. + + (a) In General.--Each Secretary of a military department shall +carry out a pilot program on defense investigators within the military +justice system under the jurisdiction of such Secretary in order to do +the following: + (1) Determine whether the presence of defense investigators + within such military justice system will-- + (A) make such military justice system more + effective in determining the truth; and + (B) make such military justice system more fair and + efficient. + (2) Otherwise assess the feasibility and advisability of + defense investigators as an element of such military justice + system. + (b) Elements.-- + (1) Model of similar civilian criminal justice systems.-- + Defense investigators under each pilot program under subsection + (a) shall consist of personnel, and participate in the military + justice system concerned, in a manner similar to that of + defense investigators in civilian criminal justice systems that + are similar to the military justice systems of the military + departments. + (2) Interview of victim.--A defense investigator may + question a victim under a pilot program only upon a request + made through the Special Victims' Counsel or other counsel of + the victim, or trial counsel if the victim does not have such + counsel. + (3) Uniformity across military justice systems.--The + Secretary of Defense shall ensure that the personnel and + activities of defense investigators under the pilot programs + are, to the extent practicable, uniform across the military + justice systems of the military departments. + (c) Report.-- + (1) In general.--Not later than three years after the date + of the enactment of this Act, the Secretary of Defense shall, + in consultation with the Secretaries of the military + departments, submit to the Committees on Armed Services of the + Senate and the House of Representatives a report on the pilot + programs under subsection (a). + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A description of each pilot program, including + the personnel and activities of defense investigators + under such pilot program. + (B) An assessment of the feasibility and + advisability of establishing and maintaining defense + investigators as an element of the military justice + systems of the military departments. + (C) If the assessment under subparagraph (B) is + that the establishment and maintenance of defense + investigators as an element of the military justice + systems of the military departments is feasible and + advisable, such recommendations for legislative and + administrative action as the Secretary of Defense + considers appropriate to establish and maintain defense + investigators as an element of the military justice + systems. + (D) Any other matters the Secretary of Defense + considers appropriate. + +SEC. 561. REPORT ON MILITARY JUSTICE SYSTEM INVOLVING ALTERNATIVE + AUTHORITY FOR DETERMINING WHETHER TO PREFER OR REFER + CHANGES FOR FELONY OFFENSES UNDER THE UNIFORM CODE OF + MILITARY JUSTICE. + + (a) Report Required.-- + (1) In general.--Not later than 300 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the Committees on Armed Services of the Senate and + the House of Representatives a report setting forth the results + of a study, conducted for purposes of the report, on the + feasibility and advisability of an alternative military justice + system in which determinations as to whether to prefer or refer + charges for trial by court-martial for any offense specified in + paragraph (2) is made by a judge advocate in grade O-6 or + higher who has significant experience in criminal litigation + and is outside of the chain of command of the member subject to + the charges rather than by a commanding officer of the member + who is in the chain of command of the member. + (2) Specified offense.--An offense specified in this + paragraph is any offense under chapter 47 of title 10, United + States Code (the Uniform Code of Military Justice), for which + the maximum punishment authorized includes confinement for more + than one year. + (b) Elements.--The study required for purposes of the report under +subsection (a) shall address the following: + (1) Relevant procedural, legal, and policy implications and + considerations of the alternative military justice system + described in subsection (a). + (2) An analysis of the following in connection with the + implementation and maintenance of the alternative military + justice system: + (A) Legal personnel requirements. + (B) Changes in force structure. + (C) Amendments to law. + (D) Impacts on the timeliness and efficiency of + legal processes and court-martial adjudications. + (E) Potential legal challenges to the system. + (F) Potential changes in prosecution and conviction + rates. + (G) Potential impacts on the preservation of good + order and discipline, including the ability of a + commander to carry out nonjudicial punishment and other + administrative actions. + (H) Such other considerations as the Secretary + considers appropriate. + (3) A comparative analysis of the military justice systems + of relevant foreign allies with the current military justice + system of the United States and the alternative military + justice system, including whether or not approaches of the + military justice systems of such allies to determinations + described in subsection (a) are appropriate for the military + justice system of the United States. + (4) An assessment of the feasibility and advisability of + conducting a pilot program to assess the feasibility and + advisability of the alternative military justice system, and, + if the pilot program is determined to be feasible and + advisable-- + (A) an analysis of potential legal issues in + connection with the pilot program, including potential + issues for appeals; and + (B) recommendations on the following: + (i) The populations to be subject to the + pilot program. + (ii) The duration of the pilot program. + (iii) Metrics to measure the effectiveness + of the pilot program. + (iv) The resources to be used to conduct + the pilot program. + +SEC. 562. REPORT ON STANDARDIZATION AMONG THE MILITARY DEPARTMENTS IN + COLLECTION AND PRESENTATION OF INFORMATION ON MATTERS + WITHIN THE MILITARY JUSTICE SYSTEM. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall, in consultation with the +Secretaries of the military departments, submit to the Committees on +Armed Services of the Senate and the House of Representatives a report +setting forth the following: + (1) A plan for actions to provide for standardization, to + the extent practicable, among the military departments in the + collection and presentation of information on matters within + their military justice systems, including information collected + and maintained for purposes of section 940a of title 10, United + States Code (article 140a of the Uniform Code of Military + Justice), and such other information as the Secretary considers + appropriate. + (2) An assessment of the feasibility and advisability of + establishing and maintaining a single, Department of Defense- + wide data management system for the standardized collection and + presentation of information described in paragraph (1). + +SEC. 563. REPORT ON ESTABLISHMENT OF GUARDIAN AD LITEM PROGRAM FOR + CERTAIN MILITARY DEPENDENTS WHO ARE A VICTIM OR WITNESS + OF OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE + INVOLVING ABUSE OR EXPLOITATION. + + (a) 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 Committees on Armed Services of the Senate and + the House of Representatives a report setting forth an + assessment of the feasibility and advisability of establishing + a guardian ad litem program for military dependents described + in paragraph (2) who are a victim or witness of an offense + under chapter 47 of title 10, United States Code (the Uniform + Code of Military Justice), that involves an element of abuse or + exploitation in order to protect the best interests of such + dependents in a court-martial of such offense. + (2) Covered dependents.--The military dependents described + in this paragraph are as follows: + (A) Military dependents under 12 years of age. + (B) Military dependents who lack mental or other + capacity. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) An assessment of the feasibility and advisability of + establishing a guardian ad litem program as described in + subsection (a). + (2) If establishment of the guardian ad litem program is + considered feasible and advisable, the following: + (A) A description of administrative requirements in + connection with the program, including the following: + (i) Any memoranda of understanding between + the Department of Defense and State and local + authorities required for purposes of the + program. + (ii) The personnel, funding, and other + resources required for purposes of the program. + (B) Best practices for the program (as determined + in consultation with appropriate civilian experts on + child advocacy). + (C) Such recommendations for legislative and + administration action to implement the program as the + Secretary considers appropriate. + + Subtitle E--Member Education, Training, Transition, and Resilience + +SEC. 566. CONSECUTIVE SERVICE OF SERVICE OBLIGATION IN CONNECTION WITH + PAYMENT OF TUITION FOR OFF-DUTY TRAINING OR EDUCATION FOR + COMMISSIONED OFFICERS OF THE ARMED FORCES WITH ANY OTHER + SERVICE OBLIGATIONS. + + (a) In General.--Section 2007(b) of title 10, United States Code, +is amended by adding at the end the following new paragraph: + ``(3) Any active duty service obligation of a commissioned officer +under this subsection shall be served consecutively with any other +service obligation of the officer (whether active duty or otherwise) +under any other provision of law.''. + (b) Effective Date.--The amendment made by this section shall take +effect on the date of the enactment of this Act, and shall apply with +respect to agreements for the payment of tuition for off-duty training +or education that are entered into on or after that date. + +SEC. 567. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED MEMBERS OF THE ARMED + FORCES AS STUDENTS AT LAW SCHOOLS. + + (a) In General.--Section 2004 of title 10, United States Code, is +amended-- + (1) in subsection (a)-- + (A) by inserting ``and enlisted members'' after + ``commissioned officers''; + (B) by striking ``bachelor of laws or''; and + (C) by inserting ``and enlisted members'' after + ``twenty-five officers''; + (2) in subsection (b)-- + (A) in the matter preceding paragraph (1), by + inserting ``or enlisted member'' after ``officer''; + (B) by striking paragraph (1) and inserting the + following new paragraph (1): + ``(1) either-- + ``(A) have served on active duty for a period of + not less than two years nor more than six years and be + an officer in the pay grade O-3 or below as of the time + the training is to begin; or + ``(B) have served on active duty for a period of + not less than four years nor more than eight years and + be an enlisted member in the pay grade E-5, E-6, or E-7 + as of the time the training is to begin;''; + (C) by redesignating paragraph (2) as paragraph + (3); + (D) by inserting after paragraph (1), as amended by + subparagraph (B), the following new paragraph (2): + ``(2) in the case of an enlisted member, meet all + requirements for acceptance of a commission as a commissioned + officer in the armed forces; and''; and + (E) in subparagraph (B) of paragraph (3), as + redesignated by subparagraph (C) of this paragraph, by + striking ``or law specialist''; + (3) in subsection (c)-- + (A) in the first sentence, by inserting ``and + enlisted members'' after ``Officers''; and + (B) in the second sentence, by inserting ``or + enlisted member'' after ``officer'' each place it + appears; + (4) in subsection (d), by inserting ``and enlistment + members'' after ``officers''; + (5) in subsection (e), by inserting ``or enlistment + member'' after ``officer''; and + (6) in subsection (f), by inserting ``or enlisted member'' + after ``officer''. + (b) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of such section is + amended to read as follows: +``Sec. 2004. Detail as students at law schools; commissioned officers; + certain enlisted members''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 101 of such title is amended by striking + the item relating to section 2004 and inserting the following + new item: + +``2004. Detail as students at law schools; commissioned officers; + certain enlisted members.''. + +SEC. 568. CONNECTIONS OF MEMBERS RETIRING OR SEPARATING FROM THE ARMED + FORCES WITH COMMUNITY-BASED ORGANIZATIONS AND RELATED + ENTITIES. + + (a) In General.--The Secretary of Defense and the Secretary of +Veterans Affairs shall jointly seek to enter into memoranda of +understanding (MOUs) or other agreements with State veterans agencies +under which information from Department of Defense Form DD-2648 on +individuals undergoing retirement, discharge, or release from the Armed +Forces is transmitted to one or more State veterans agencies, as +elected by such individuals, to provide or connect veterans to benefits +or services as follows: + (1) Assistance in preparation of resumes. + (2) Training for employment interviews. + (3) Employment recruitment training. + (4) Other services leading directly to a successful + transition from military life to civilian life. + (5) Healthcare, including care for mental health. + (6) Transportation or transportation-related services. + (7) Housing. + (8) Such other benefits or services as the Secretaries + jointly consider appropriate for purposes of this section. + (b) Information Transmitted.--The information transmitted on +individuals as described in subsection (a) shall be such information on +Form DD-2648 as the Secretaries jointly consider appropriate to +facilitate community-based organizations and related entities in +providing or connecting such individuals to benefits and services as +described in subsection (a). + (c) Modification of Form DD-2648.--The Secretary of Defense shall +make such modifications to Form DD-2648 as the Secretary considers +appropriate to allow an individual filling out the form to indicate an +email address at which the individual may be contacted to receive or be +connected to benefits or services described in subsection (a). + (d) Voluntary Participation.--Information on an individual may be +transmitted to and through a State veterans agency as described in +subsection (a) only with the consent of the individual. In giving such +consent, an individual shall specify the following: + (1) The State veterans agency or agencies elected by the + individual to transmit such information as described in + subsection (a). + (2) The benefits and services for which contact information + shall be so transmitted. + (3) Such other information on the individual as the + individual considers appropriate in connection with the + transmittal. + +Subtitle F--Defense Dependents' Education and Military Family Readiness + Matters + + PART I--DEFENSE DEPENDENTS' EDUCATION MATTERS + +SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL + AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED + FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. + + (a) Assistance to Schools With Significant Numbers of Military +Dependent Students.--Of the amount authorized to be appropriated for +fiscal year 2020 by section 301 and available for operation and +maintenance for Defense-wide activities as specified in the funding +table in section 4301, $40,000,000 shall be available only for the +purpose of providing assistance to local educational agencies under +subsection (a) of section 572 of the National Defense Authorization Act +for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b). + (b) Local Educational Agency Defined.--In this section, the term +``local educational agency'' has the meaning given that term in section +7013(9) of the Elementary and Secondary Education Act of 1965 (20 +U.S.C. 7713(9)). + +SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. + + (a) In General.--Of the amount authorized to be appropriated for +fiscal year 2020 pursuant to section 301 and available for operation +and maintenance for Defense-wide activities as specified in the funding +table in section 4301, $10,000,000 shall be available for payments +under section 363 of the Floyd D. Spence National Defense Authorization +Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; +114 Stat. 1654A-77; 20 U.S.C. 7703a). + (b) Use of Certain Amount.--Of the amount available under +subsection (a) for payments as described in that subsection, $5,000,000 +shall be available for such payments to local educational agencies +determined by the Secretary of Defense, in the discretion of the +Secretary, to have higher concentrations of military children with +severe disabilities. + +SEC. 573. RI'KATAK GUEST STUDENT PROGRAM AT UNITED STATES ARMY + GARRISON-KWAJALEIN ATOLL. + + (a) Program Authorized.--The Secretary of the Army may conduct an +assistance program to educate up to five local national students per +grade, per academic year, on a space-available basis at the contractor- +operated schools on United States Army GarrisonUKwajalein Atoll. The +program shall be known as the ``Ri'katak Guest Student Program''. + (b) Student Assistance.--Assistance that may be provided to +students participating in the program carried out pursuant to +subsection (a) includes the following: + (1) Classroom instruction. + (2) Extracurricular activities. + (3) Student meals. + (4) Transportation. + + PART II--MILITARY FAMILY READINESS MATTERS + +SEC. 576. TWO-YEAR EXTENSION OF AUTHORITY FOR REIMBURSEMENT FOR STATE + LICENSURE AND CERTIFICATION COSTS OF SPOUSES OF MEMBERS + OF THE ARMED FORCES ARISING FROM RELOCATION TO ANOTHER + STATE. + + Section 476(p)(4) of title 37, United States Code, is amended by +striking ``December 31, 2022'' and inserting ``December 31, 2024''. + +SEC. 577. IMPROVEMENT OF OCCUPATIONAL LICENSE PORTABILITY FOR MILITARY + SPOUSES THROUGH INTERSTATE COMPACTS. + + Section 1784 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(h) Improvement of Occupational License Portability Through +Interstate Compacts.-- + ``(1) In general.--The Secretary of Defense shall seek to + enter into a cooperative agreement with the Council of State + Governments to assist with funding of the development of + interstate compacts on licensed occupations in order to + alleviate the burden associated with relicensing in such an + occupation by spouse of a member of the armed forces in + connection with a permanent change of duty station of members + to another State. + ``(2) Limitation on assistance per compact.--The amount + provided under paragraph (1) as assistance for the development + of any particular interstate compact may not exceed $1,000,000. + ``(3) Limitation on total amount of assistance.--The total + amount of assistance provided under paragraph (1) in any fiscal + year may not exceed $4,000,000. + ``(4) Annual report.--Not later than February 28 each year, + the Secretary shall submit to the Committees on Armed Services + of the Senate and the House of Representatives a report on + interstate compacts described in paragraph (1) developed + through assistance provided under that paragraph. Each report + shall set forth the following: + ``(A) Any interstate compact developed during the + preceding calendar year, including the occupational + licenses covered by such compact and the States + agreeing to enter into such compact. + ``(B) Any interstate compact developed during a + prior calendar year into which one or more additional + States agreed to enter during the preceding calendar + year. + ``(5) Expiration.--The authority to enter into a + cooperative agreement under paragraph (1), and to provide + assistance described in that paragraph pursuant to such + cooperative agreement, shall expire on September 30, 2024.''. + +SEC. 578. MODIFICATION OF RESPONSIBILITY OF THE OFFICE OF SPECIAL NEEDS + FOR INDIVIDUALIZED SERVICE PLANS FOR MEMBERS OF MILITARY + FAMILIES WITH SPECIAL NEEDS. + + Subparagraph (F) of section 1781c(d)(4) of title 10, United States +Code, is amended to read as follows: + ``(F) Requirements regarding the development of an + individualized services plan for each military family member + with special needs when requested in connection with the + completion of a family needs assessment for the military family + concerned.''. + +SEC. 579. CLARIFYING TECHNICAL AMENDMENT ON DIRECT HIRE AUTHORITY FOR + THE DEPARTMENT OF DEFENSE FOR CHILDCARE SERVICES + PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT CENTERS. + + Section 559(e) of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1406; 10 U.S.C. 1792 note) is +amended by inserting ``(including family childcare coordinator services +and school age childcare coordinator services)'' after ``childcare +services''. + +SEC. 580. PILOT PROGRAM ON INFORMATION SHARING BETWEEN DEPARTMENT OF + DEFENSE AND DESIGNATED RELATIVES AND FRIENDS OF MEMBERS + OF THE ARMED FORCES REGARDING THE EXPERIENCES AND + CHALLENGES OF MILITARY SERVICE. + + (a) Pilot Program Required.-- + (1) In general.--Not later than one year after the date of + the enactment of this Act, the Secretary of Defense shall seek + to enter into an agreement with the American Red Cross to carry + out a pilot program under which the American Red Cross-- + (A) encourages a member of the Armed Forces, upon + the enlistment or appointment of such member, to + designate up to 10 persons to whom information + regarding the military service of such member shall be + disseminated using contact information obtained under + paragraph (6); and + (B) provides such persons, within 30 days after the + date on which such persons are designated under + subparagraph (A), the option to elect to receive such + information regarding military service. + (2) Dissemination.--The Secretary shall disseminate + information described in paragraph (1)(A) under the pilot + program on a regular basis. + (3) Types of information.--The types of information to be + disseminated under the pilot program to persons who elect to + receive such information shall include information regarding-- + (A) aspects of daily life and routine experienced + by members of the Armed Forces; + (B) the challenges and stresses of military + service, particularly during and after deployment as + part of a contingency operation; + (C) the services available to members of the Armed + Forces and the dependents of such members to cope with + the experiences and challenges of military service; + (D) benefits administered by the Department of + Defense for members of the Armed Forces and the + dependents of such members; + (E) a toll-free telephone number through which such + persons who elect to receive information under the + pilot program may request information regarding the + program; and + (F) such other information as the Secretary + determines to be appropriate. + (4) Privacy of information.--In carrying out the pilot + program, the Secretary may not disseminate information under + paragraph (3) in violation of laws and regulations pertaining + to the privacy of members of the Armed Forces, including + requirements pursuant to-- + (A) section 552a of title 5, United States Code; + and + (B) the Health Insurance Portability and + Accountability Act of 1996 (Public Law 104-191). + (5) Notice and modifications.--In carrying out the pilot + program, the Secretary shall, with respect to a member of the + Armed Forces-- + (A) ensure that such member is notified of the + ability to modify designations made by such member + under paragraph (1)(B); and + (B) upon the request of a member, authorize such + member to modify such designations at any time. + (6) Contact information.--In making a designation under the + pilot program, a member of the Armed Forces shall provide + necessary contact information, specifically including an email + address, to facilitate the dissemination of information + regarding the military service of the member. + (7) Opt-in and opt-out of program.-- + (A) Opt-in by members.--A member may participate in + the pilot program only if the member voluntarily elects + to participate in the program. A member seeking to make + such an election shall make such election in a manner, + and by including such information, as the Secretary and + the Red Cross shall jointly specify for purposes of the + pilot program. + (B) Opt-in by designated recipients.--A person + designated pursuant to paragraph (1)(A) may receive + information under the pilot program only if the person + makes the election described in paragraph(1)(B). + (C) Opt-out.--In carrying out the pilot program, + the Secretary shall, with respect to a person who has + elected to receive information under such pilot + program, cease disseminating such information to that + person upon request of such person. + (b) Survey and Report on Pilot Program.-- + (1) Survey.--Not later than two years after the date on + which the pilot program commences, the Secretary, in + consultation with the American Red Cross, shall administer a + survey to persons who elected to receive information under the + pilot program for the purpose of receiving feedback regarding + the quality of information disseminated under this section, + including whether such information appropriately reflects the + military career progression of members of the Armed Forces. + (2) Report.--Not later than three years after the date on + which the pilot program commences, the Secretary shall submit + to the congressional defense committees a final report on the + pilot program which includes-- + (A) the results of the survey administered under + paragraph (1); + (B) a determination as to whether the pilot program + should be made permanent; and + (C) recommendations as to modifications necessary + to improve the program if made permanent. + (c) Termination of Pilot Program.--The pilot program shall +terminate upon submission of the report required by subsection (b)(2). + +SEC. 581. BRIEFING ON USE OF FAMILY ADVOCACY PROGRAMS TO ADDRESS + DOMESTIC VIOLENCE. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall provide to the Committees on Armed +Services of the Senate and the House of Representatives a briefing on +various mechanisms by which the Family Advocacy Programs (FAPs) of the +military departments may be used and enhanced in order to end domestic +violence among members of the Armed Forces and support survivors of +such violence and their dependents. + + Subtitle G--Decorations and Awards + +SEC. 585. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO JOHN J. + DUFFY FOR ACTS OF VALOR IN VIETNAM. + + (a) Waiver of Time Limitations.--Notwithstanding the time +limitations specified in section 3744 of title 10, United States Code, +or any other time limitation with respect to the awarding of certain +medals to persons who served in the Armed Forces, the President may +award the Medal of Honor under section 3741 of such title to John J. +Duffy for the acts of valor in Vietnam described in subsection (b). + (b) Acts of Valor Described.--The acts of valor referred to in +subsection (a) are the actions of John J. Duffy on April 14 and 15, +1972, in Vietnam for which he was previously awarded the Distinguished- +Service Cross. + +SEC. 586. STANDARDIZATION OF HONORABLE SERVICE REQUIREMENT FOR AWARD OF + MILITARY DECORATIONS. + + (a) Honorable Service Requirement.-- + (1) In general.--Chapter 57 of title 10, United States + Code, is amended by adding at the end the following new section +``Sec. 1136. Honorable service requirement for award of military + decorations + ``No military decoration, including a medal, cross, or bar, or an +associated emblem or insignia, may be awarded or presented to any +person, or to a representative of the person, if the service of the +person after the person distinguished himself or herself has not been +honorable.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 57 of such title is amended by adding at + the end the following: + +``1136. Honorable service requirement for award of military + decorations.''. + (b) Conforming Amendments.--Title 10, United States Code, is +further amended as follows: + (1) In section 7274-- + (A) in subsection (b) in the matter preceding + paragraph (1), by striking ``subsection (d)'' and + inserting ``subsection (c)''; + (B) by striking subsection (c); and + (C) by redesignating subsection (d) as subsection + (c). + (2)(A) Section 8299 is repealed. + (B) The table of sections at the beginning of chapter 837 + is amended by striking the item relating to section 8299. + (3) In section 9274-- + (A) in subsection (b) in the matter preceding + paragraph (1), by striking ``subsection (d)'' and + inserting ``subsection (c)''; + (B) by striking subsection (c); and + (C) by redesignating subsection (d) as subsection + (c). + (4) In section 9279, by striking subsection (c). + +SEC. 587. AUTHORITY TO AWARD OR PRESENT A DECORATION NOT PREVIOUSLY + RECOMMENDED IN A TIMELY FASHION FOLLOWING A REVIEW + REQUESTED BY CONGRESS. + + (a) Authority To Award or Present.--Section 1130 of title 10, +United States Code, is amended-- + (1) by redesignating subsection (d) as subsection (e); and + (2) by inserting after subsection (c) the following new + subsection (d): + ``(d)(1) A decoration may be awarded or presented following the +submittal of a recommendation under subsection (b) approving the award +or presentation. + ``(2) The authority to make an award or presentation under this +subsection shall apply notwithstanding any limitation described in +subsection (a).''. + (b) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of such section is + amended to read as follows: +``Sec. 1130. Consideration of proposals for decorations not previously + submitted in timely fashion: procedures for review and + award or presentation''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 57 of such title is amended by striking + the item relating to section 1130 and inserting the following + new item: + +``1130. Consideration of proposals for decorations not previously + submitted in timely fashion: procedures for + review and award or presentation.''. + +SEC. 588. AUTHORITY TO MAKE POSTHUMOUS AND HONORARY PROMOTIONS AND + APPOINTMENTS FOLLOWING A REVIEW REQUESTED BY CONGRESS. + + (a) Authority To Make.--Section 1563 of title 10, United States +Code, is amended-- + (1) by redesignating subsection (c) as subsection (e); and + (2) by inserting after subsection (b) the following new + subsections: + ``(c) Authority To Make.--(1) Under regulations prescribed by the +Secretary of Defense, a posthumous or honorary promotion or appointment +may be made following the submittal of a determination under subsection +(b) if the determination is to approve the making of such promotion of +appointment. + ``(2) The authority to make a promotion or appointment under this +subsection shall apply notwithstanding that such promotion or +appointment is not otherwise authorized by law. + ``(d) Additional Benefits Not To Accrue.--The promotion or +appointment of individual pursuant to subsection (c) shall not affect +the retired pay or other benefits from the United States to which the +individual would have been entitled based upon the individual's +military service, if any, or affect any benefits to which any other +person may become entitled based on the individual's military service, +if any.''. + (b) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of such section is + amended to read as follows: +``Sec. 1563. Consideration of proposals for posthumous and honorary + promotions and appointments: procedures for review and + promotion or appointment''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 80 of such title is amended by striking + the item relating to section 1563 and inserting the following + new item: + +``1563. Consideration of proposals for posthumous and honorary + promotions and appointments: procedures for + review and promotion or appointment.''. + + Subtitle H--Other Matters + +SEC. 591. MILITARY FUNERAL HONORS MATTERS. + + (a) Full Military Honors Ceremony for Certain Veterans.--Section +1491(b) of title 10, United States Code, is amended by adding at the +end the following: + ``(3) The Secretary concerned shall provide full military honors +(as determined by the Secretary concerned) for the funeral of a veteran +who-- + ``(A) is first interred or first inurned in Arlington + National Cemetery on or after the date of the enactment of the + National Defense Authorization Act for Fiscal Year 2020; + ``(B) was awarded the medal of honor or the prisoner-of-war + medal; and + ``(C) is not entitled to full military honors by the grade + of that veteran.''. + (b) Full Military Funeral Honors for Veterans at Military +Installations.-- + (1) Installation plans for honors required.--The commander + of each military installation at or through which a funeral + honors detail for a veteran is provided pursuant to section + 1491 of title 10, United States Code (as amended by subsection + (a)), shall maintain and carry out a plan for the provision, + upon request, of full military funeral honors at funerals of + veterans for whom a funeral honors detail is authorized in that + section. + (2) Elements.--Each plan of an installation under paragraph + (1) shall include the following: + (A) Mechanisms to ensure compliance with the + requirements applicable to the composition of funeral + honors details in section 1491(b) of title 10, United + States Code (as so amended). + (B) Mechanisms to ensure compliance with the + requirements for ceremonies for funerals in section + 1491(c) of such title. + (C) In addition to the ceremonies required pursuant + to subparagraph (B), the provision of a gun salute for + each funeral by appropriate personnel, including + personnel of the installation, members of the reserve + components of the Armed Forces residing in the vicinity + of the installation who are ordered to funeral honors + duty, and members of veterans organizations or other + organizations referred to in section 1491(b)(2) of such + title. + (D) Mechanisms for the provision of support + authorized by section 1491(d) of such title. + (E) Such other mechanisms and activities as the + Secretary concerned considers appropriate in order to + assure that full military funeral honors are provided + upon request at funerals of veterans. + (3) Definitions.--In this subsection: + (A) The term ``Secretary concerned'' has the + meaning given that term in section 101(a)(9) of title + 10, United States Code. + (B) The term ``veteran'' has the meaning given that + term in section 1491(h) of title 10, United States + Code. + +SEC. 592. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR RESERVE + OFFICERS' TRAINING CORPS UNITS. + + Section 2031 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(g)(1) Each public secondary educational institution that +maintains a unit under this section shall permit membership in the unit +to homeschooled students residing in the area served by the institution +who are qualified for membership in the unit (but for lack of +enrollment in the institution). + ``(2) A student who is a member of a unit pursuant to this +subsection shall count toward the satisfaction by the institution +concerned of the requirement in subsection (b)(1) relating to the +minimum number of student members in the unit necessary for the +continuing maintenance of the unit.''. + +SEC. 593. SENSE OF SENATE ON THE JUNIOR RESERVE OFFICERS' TRAINING + CORPS. + + It is the sense of the Senate that-- + (1) the Junior Reserve Officers' Training Corps (JROTC) is + a valuable program that instill the values of citizenship, + service to the community, personal responsibility and a sense + of accomplishment in high school students; + (2) the Junior Reserve Officers' Training Corps is + supported by all the Armed Forces, and there are Junior Reserve + Officers' Training Corps units in all 50 States, 4 United + States territories, and the District of Columbia; + (3) the Junior Reserve Officers' Training Corps + consistently improves student outcomes across a wide variety of + academic and nonacademic data points, including grade point + average, high school graduation and college acceptance rates, + standardized test scores, drop-out rates, discipline problems, + and leadership skills; + (4) the Department of Defense should view the Junior + Reserve Officers' Training Corps as a unique program to help + close the divide between the military and the greater civilian + community in the United States; + (5) given the increased funding and more flexible policy + authorized in the John S. McCain National Defense Authorization + Act for Fiscal Year 2019 (Public Law 115-232), the Department + should take every possible action to increase the number of + Junior Reserve Officers' Training Corps units at schools around + the United States; and + (6) the desired number of Junior Reserve Officers' Training + Corps units should be at least 3,700 in order to relieve a + significant backlog in requests to establish such units. + + TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS + + Subtitle A--Pay and Allowances + +SEC. 601. EXPANSION OF ELIGIBILITY FOR EXCEPTIONAL TRANSITIONAL + COMPENSATION FOR DEPENDENTS TO DEPENDENTS OF CURRENT + MEMBERS. + + Section 1059(m) of title 10, United States Code, is amended-- + (1) in the subsection heading, by inserting ``Members or'' + after ``Dependents of''; + (2) by inserting ``member or'' before ``former member'' + each place it appears; + (3) by redesignating paragraph (3) as paragraph (4); and + (4) by inserting after paragraph (2) the following new + paragraph (3): + ``(3) For purposes of the provision of benefits under this section +pursuant to this subsection, a member shall be considered separated +from active duty upon the earliest of-- + ``(A) the date an administrative separation is initiated by + a commander of the member; + ``(B) the date the court-martial sentence is adjudged if + the sentence, as adjudged, includes a dismissal, dishonorable + discharge, bad conduct discharge, or forfeiture of all pay and + allowances; or + ``(C) the date the member's term of service expires.''. + + Subtitle B--Bonuses and Special and Incentive Pays + +SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY + AUTHORITIES. + + (a) Authorities Relating To Reserve Forces.--Section 910(g) of +title 37, United States Code, relating to income replacement payments +for reserve component members experiencing extended and frequent +mobilization for active duty service, is amended by striking ``December +31, 2019'' and inserting ``December 31, 2020''. + (b) Title 10 Authorities Relating to Health Care Professionals.-- +The following sections of title 10, United States Code, are amended by +striking ``December 31, 2019'' and inserting ``December 31, 2020'': + (1) Section 2130a(a)(1), relating to nurse officer + candidate accession program. + (2) Section 16302(d), relating to repayment of education + loans for certain health professionals who serve in the + Selected Reserve. + (c) Authorities Relating to Nuclear Officers.--Section 333(i) of +title 37, United States Code, is amended by striking ``December 31, +2019'' and inserting ``December 31, 2020''. + (d) Authorities Relating to Title 37 Consolidated Special Pay, +Incentive Pay, and Bonus Authorities.--The following sections of title +37, United States Code, are amended by striking ``December 31, 2019'' +and inserting ``December 31, 2020'': + (1) Section 331(h), relating to general bonus authority for + enlisted members. + (2) Section 332(g), relating to general bonus authority for + officers. + (3) Section 334(i), relating to special aviation incentive + pay and bonus authorities for officers. + (4) Section 335(k), relating to special bonus and incentive + pay authorities for officers in health professions. + (5) Section 336(g), relating to contracting bonus for + cadets and midshipmen enrolled in the Senior Reserve Officers' + Training Corps. + (6) Section 351(h), relating to hazardous duty pay. + (7) Section 352(g), relating to assignment pay or special + duty pay. + (8) Section 353(i), relating to skill incentive pay or + proficiency bonus. + (9) Section 355(h), relating to retention incentives for + members qualified in critical military skills or assigned to + high priority units. + (e) Authority to Provide Temporary Increase in Rates of Basic +Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States +Code, is amended by striking ``December 31, 2019'' and inserting +``December 31, 2020''. + + Subtitle C--Travel and Transportation Allowances + +SEC. 621. EXTENSION OF PILOT PROGRAM ON A GOVERNMENT LODGING PROGRAM. + + Section 914(b) of the Carl Levin and Howard P. ``Buck'' McKeon +National Defense Authorization Act for Fiscal Year 2015 (5 U.S.C. 5911 +note) is amended by striking ``December 31, 2019'' and inserting +``December 31, 2020''. + +SEC. 622. REINVESTMENT OF TRAVEL REFUNDS BY THE DEPARTMENT OF DEFENSE. + + (a) Refunds for Official Travel.--Subchapter I of chapter 8 of +title 37, United States Code, is amended by adding at the end the +following new section: +``Sec. 456. Managed travel program refunds + ``(a) Credit of Refunds.--The Secretary of Defense may credit +refunds attributable to Department of Defense managed travel programs +as a direct result of official travel to such operation and maintenance +or research, development, test, and evaluation accounts of the +Department as designated by the Secretary that are available for +obligation for the fiscal year in which the refund or amount is +collected. + ``(b) Use of Refunds.--Refunds credited under subsection (a) may +only be used for official travel or operations and efficiency +improvements for improved financial management of official travel. + ``(c) Definitions.--In this section: + ``(1) Managed travel program.--The term `managed travel + program' includes air, rental car, train, bus, dining, lodging, + and travel management, but does not include rebates or refunds + attributable to the use of the Government travel card, the + Government Purchase Card, or Government travel arranged by + Government Contracted Travel Management Centers. + ``(2) Refund.--The term `refund' includes miscellaneous + receipts credited to the Department identified as a refund, + rebate, repayment, or other similar amounts collected.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 8 of such title is amended by inserting after the item relating +to section 455 the following new item: + +``456. Managed travel program refunds.''. + (c) Clarification on Retention of Travel Promotional Items.-- +Section 1116(a) of the National Defense Authorization Act for Fiscal +Year 2002 (Public Law 107-107; 5 U.S.C. 5702 note) is amended-- + (1) by striking ``Definition.--In this section, the term'' + and inserting the following: ``Definitions.--In this section: + ``(1) The term''; and + (2) by adding at the end the following new paragraph: + ``(2) The term `general public' includes the Federal + Government or an agency.''. + + Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits + +SEC. 631. CONTRIBUTIONS TO DEPARTMENT OF DEFENSE MILITARY RETIREMENT + FUND BASED ON PAY COSTS PER ARMED FORCE RATHER THAN ON + ARMED FORCES-WIDE BASIS. + + (a) Determination of Contributions Generally.--Section 1465(c) of +title 10, United States Code, is amended-- + (1) in paragraph (1)-- + (A) in subparagraph (A), by striking ``single level + percentage of basic pay for active duty (other than the + Coast Guard) and for full-time National Guard duty'' + and inserting ``percentage of basic pay for each armed + force (other than the Coast Guard) and for any full- + time National Guard duty''; + (B) in subparagraph (B)-- + (i) by striking ``single level''; and + (ii) by striking ``members of the Selected + Reserve of the armed forces (other than the + Coast Guard)'' and inserting ``each armed force + (other than the Coast Guard) for members of the + Selected Reserve''; and + (C) in the flush matter following subparagraph (B), + by striking ``single level''; and + (2) in paragraph (4)-- + (A) by striking ``a single level percentage + determined'' both places it appears and inserting + ``percentages''; and + (B) in the flush matter following subparagraph (B), + by striking ``single level''. + (b) Conforming Amendments.-- + (1) Determination of contributions.--Section 1465(b) of + title 10, United States Code, is amended-- + (A) in paragraph (1)-- + (i) in subparagraph (A)-- + (I) in the matter preceding clause + (i), by striking ``product'' and + inserting ``aggregate of the + products''; + (II) in clause (i), by striking + ``single level percentage of basic + pay'' and inserting ``percentage of + basic pay for each armed force (other + than the Coast Guard)''; and + (III) in clause (ii), by striking + ``for active duty (other than the Coast + Guard) and for full-time National Guard + duty'' and inserting ``for such armed + force for active duty and for any full- + time National Guard duty''; and + (ii) in subparagraph (B)-- + (I) in the matter preceding clause + (i), by striking ``product'' and + inserting ``aggregate of the + products''; + (II) in clause (i), by striking + ``single level percentage of basic pay + and of compensation (paid pursuant to + section 206 of title 37)'' and + inserting ``percentage of basic pay and + of compensation (paid pursuant to + section 206 of title 37) for each armed + force (other than the Coast Guard)''; + and + (III) in clause (ii), by striking + ``the armed forces (other than the + Coast Guard)'' and inserting ``such + armed force''; and + (B) in paragraph (3), by striking ``single level''. + (2) Payments of contributions.--Section 1466(a) of such + title is amended-- + (A) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A), by striking ``product'' and inserting + ``aggregate of the products''; + (ii) in subparagraph (A), by striking + ``level percentage of basic pay'' and inserting + ``percentage of basic pay for each armed force + (other than the Coast Guard)''; and + (iii) in subparagraph (B), by striking + ``for active duty (other than for the Coast + Guard) and for full-time National Guard duty'' + and inserting ``for such armed force for active + duty and for any full-time National Guard + duty''; and + (B) in paragraph (2)-- + (i) in the matter preceding subparagraph + (A), by striking ``product'' and inserting + ``aggregate of the products''; + (ii) in subparagraph (A), by striking + ``level percentage of basic pay and of + compensation (paid pursuant to section 206 of + title 37)'' and inserting ``percentage of basic + pay and of compensation (paid pursuant to + section 206 of title 37) for each armed force + (other than the Coast Guard)''; and + (iii) in subparagraph (B), by striking + ``the armed forces (other than the Coast + Guard)'' and inserting ``such armed force''. + (c) Effective Date.--The amendments made by this section shall take +effect on October 1, 2019, and shall apply with respect to +determinations of contributions to the Department of Defense Military +Retirement Fund, and payments into the Fund, beginning with fiscal year +2021. + +SEC. 632. MODIFICATION OF AUTHORITIES ON ELIGIBILITY FOR AND + REPLACEMENT OF GOLD STAR LAPEL BUTTONS. + + (a) Expansion of Authority To Determine Next of Kin for Issuance.-- +Section 1126 of title 10, United States Code, is amended-- + (1) in subsection (a), by striking ``widows, parents, and'' + in the matter preceding paragraph (1); + (2) in subsection (b), by striking ``the widow and to each + parent and'' and inserting ``each''; and + (3) in subsection (d)-- + (A) by striking paragraphs (1), (2), (3), and (4) + and inserting the following new paragraph (1): + ``(1) The term `next of kin' means individuals standing in + such relationship to members of the armed forces described in + subsection (a) as the Secretaries concerned shall jointly + specify in regulations for purposes of this section.''; and + (B) by redesignating paragraphs (5), (6), (7), and + (8) as paragraphs (2), (3), (4), and (5), respectively. + (b) Replacement.--Subsection (c) of such section is amended by +striking ``and payment'' and all that follows and inserting ``and +without cost.''. + + Subtitle E--Commissary and Non-Appropriated Fund Instrumentality + Benefits and Operations + +SEC. 641. DEFENSE RESALE SYSTEM MATTERS. + + (a) In General.--The Under Secretary of Defense for Personnel and +Readiness shall, in coordination with the Chief Management Officer of +the Department of Defense, maintain oversight of business +transformation efforts of the defense commissary system and the +exchange store system in order to ensure the following: + (1) Development of an intercomponent business strategy that + maximizes efficiencies and results in a viable defense resale + system in the future. + (2) Preservation of patron savings and satisfaction from + and in the defense commissary system and exchange stores + system. + (3) Sustainment of financial support of the defense + commissary and exchange systems for morale, welfare, and + recreation (MWR) services of the Armed Forces. + (b) Executive Resale Board Advice on Operations of Systems.--The +Executive Resale Board of the Department of Defense shall advise the +Under Secretary on the implementation of sustainable, complementary +operations of the defense commissary system and the exchange stores +system. + (c) Practices and Services.-- + (1) In general.--The Secretary of Defense shall, acting + through the Under Secretary and with advice from the Executive + Resale Board, require the Defense Commissary Agency and the + Military Exchange Service to identify and implement practices + and services described in paragraph (2) across the defense + resale system. + (2) Practices and services.--Practices and services + described in this paragraph shall include the following: + (A) Best commercial business practices. + (B) Shared-services systems that increase + efficiencies across the defense resale system, + including in transportation of goods, application-based + marketing initiatives and other mobile electronic- + commerce programs, facilities construction, back-office + information technology systems, human resource + management, legal services, financial services, and + advertising. + (C) Integration of services provided by the + exchange stores system within commissary system + facilities, as appropriate, including services such as + dry cleaning, health and wellness activities, + pharmacies, urgent care centers, food, and other retail + services. + (d) Information Technology Modernization.--The Secretary shall, +acting through the Under Secretary and with advice from the Executive +Resale Board, require the Defense Commissary Agency and the Military +Exchange Service to do as follows: + (1) Field new technologies and best business practices for + information technology for the defense resale system. + (2) Implement cutting-edge marketing opportunities across + the defense resale system. + (e) Inclusion of Advertising in Operating Expenses of Commissary +Stores.--Section 2483(b) of title 10, United States Code, is amended by +adding at the end the following paragraph: + ``(7) Advertising of commissary sales on materials + available within commissary stores and at other on-base + locations.''. + +SEC. 642. TREATMENT OF FEES ON SERVICES PROVIDED AS SUPPLEMENTAL FUNDS + FOR COMMISSARY OPERATIONS. + + Section 2483(c) of title 10, United States Code, is amended by +inserting ``fees on services provided,'' after ``handling fees for +tobacco products,''. + +SEC. 643. PROCUREMENT BY COMMISSARY STORES OF CERTAIN LOCALLY SOURCED + PRODUCTS. + + The Secretary of Defense shall ensure that the dairy products and +fruits and vegetables procured for commissary stores under the defense +commissary system are, to the extent practicable, locally sourced in +order to ensure the availability of the freshest possible dairy +products and fruits and vegetables for patrons of the stores. + + TITLE VII--HEALTH CARE PROVISIONS + + Subtitle A--TRICARE and Other Health Care Benefits + +SEC. 701. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE PROGRAM. + + (a) In General.--Section 1074d(b)(3) of title 10, United States +Code, is amended by inserting before the period at the end the +following: ``(including all methods of contraception approved by the +Food and Drug Administration, contraceptive care (including with +respect to insertion, removal, and follow up), sterilization +procedures, and patient education and counseling in connection +therewith)''. + (b) Prohibition on Cost-sharing for Certain Services.-- + (1) TRICARE select.--Section 1075(c) of such title is + amended by adding at the end the following new paragraph: + ``(4) For all beneficiaries under this section, there is no + cost-sharing for any method of contraception provided by a + network provider.''. + (2) TRICARE prime.--Section 1075a(b) of such title is + amended by adding at the end the following new paragraph: + ``(5) For all beneficiaries under this section, there is no cost- +sharing for any method of contraception provided under TRICARE +Prime.''. + (3) Pharmacy benefits program.--Section 1074g(a)(6) of such + title is amended by adding at the end the following new + subparagraph: + ``(D) Notwithstanding subparagraphs (A), (B), and (C), there is no +cost-sharing for any prescription contraceptive on the uniform +formulary provided by a retail pharmacy described in subsection +(a)(2)(E)(ii) or the national mail-order pharmacy program.''. + (c) Effective Date.--The amendments made by this section shall take +effect on January 1, 2020. + +SEC. 702. TRICARE PAYMENT OPTIONS FOR RETIREES AND THEIR DEPENDENTS. + + (a) In General.--Section 1099 of title 10, United States Code, is +amended-- + (1) by redesignating subsection (d) as subsection (e); and + (2) by inserting after subsection (c) the following new + subsection (d): + ``(d) Payment Options.--(1) A member or former member of the +uniformed services, or a dependent thereof, eligible for medical care +and dental care under section 1074(b) or 1076 of this title shall pay a +premium for coverage under this chapter. + ``(2) To the maximum extent practicable, a premium owed by a +member, former member, or dependent under paragraph (1) shall be +withheld from the retired, retainer, or equivalent pay of the member, +former member, or dependent. In all other cases, a premium shall be +paid in a frequency and method determined by the Secretary.''. + (b) Conforming and Clerical Amendments.-- + (1) Conforming amendments.--Section 1097a of title 10, + United States Code, is amended-- + (A) by striking subsection (c); and + (B) by redesignating subsections (d), (e), and (f) + as subsections (c), (d), and (e), respectively. + (2) Heading amendments.-- + (A) Automatic enrollments.--The heading for section + 1097a of such title is amended to read as follows: +``Sec. 1097a. TRICARE Prime: automatic enrollments''. + (B) Enrollment system and payment options.--The + heading for section 1099 of such title is amended to + read as follows: +``Sec. 1099. Health care enrollment system and payment options''. + (3) Clerical amendments.--The table of sections at the + beginning of chapter 55 of such title is amended-- + (A) by striking the item relating to section 1097a + and inserting the following new item: + +``1097a. TRICARE Prime: automatic enrollments.''; and + (B) by striking the item relating to section 1099 + and inserting the following new item: + +``1099. Health care enrollment system and payment options.''. + (c) Effective Date.--The amendments made by this section shall +apply to health care coverage beginning on or after January 1, 2021. + +SEC. 703. LEAD LEVEL SCREENING AND TESTING FOR CHILDREN. + + (a) Comprehensive Screening, Testing, and Reporting Guidelines.-- + (1) In general.--The Secretary of Defense shall establish + clinical practice guidelines for health care providers employed + by the Department of Defense on screening, testing and + reporting of blood lead levels in children. + (2) Use of cdc recommendations.--Guidelines established + under paragraph (1) shall reflect recommendations made by the + Centers for Disease Control and Prevention with respect to the + screening, testing, and reporting of blood lead levels in + children. + (3) Dissemination of guidelines.--Not later than one year + after the date of the enactment of this Act, the Secretary + shall disseminate the clinical practice guidelines established + under paragraph (1) to health care providers of the Department + of Defense. + (b) Care Provided in Accordance With CDC Guidance.--The Secretary +shall ensure that any care provided by the Department of Defense to a +child for lead poisoning shall be carried out in accordance with +applicable guidance issued by the Centers for Disease Control and +Prevention. + (c) Sharing of Results of Testing.-- + (1) In general.--With respect to a child who receives from + the Department of Defense a test for lead poisoning-- + (A) the Secretary shall provide the results of the + test to the parent or guardian of the child; and + (B) notwithstanding any requirements for the + confidentiality of health information under the Health + Insurance Portability and Accountability Act of 1996 + (Public Law 104-191), the Secretary shall provide the + results of the test and the address at which the child + resides to-- + (i) the relevant health department of the + State in which the child resides if the child + resides in the United States; or + (ii) if the child resides outside the + United States-- + (I) the Centers for Disease Control + and Prevention; and + (II) the appropriate authority of + the country in which the child resides. + (2) State defined.--In this subsection, the term ``State'' + means each of the several States, the District of Columbia, the + Commonwealth of Puerto Rico, and any territory or possession of + the United States. + (d) Report.-- + (1) In general.--Not later than January 1, 2021, the + Secretary of Defense shall submit to the congressional defense + committees a report detailing, with respect to the period + beginning on the date of the enactment of this Act and ending + on the date of the report, the following: + (A) The number of children who were tested by the + Department of Defense for the level of lead in the + blood of the child, and of such number, the number who + were found to have elevated blood lead levels. + (B) The number of children who were screened by the + Department of Defense for an elevated risk of lead + exposure. + (C) The treatment provided to children pursuant to + chapter 55 of title 10, United States Code, for lead + poisoning. + (2) Elevated blood lead level defined.--In this paragraph, + the term ``elevated blood lead level'' has the meaning given + that term by the Centers for Disease Control and Prevention. + +SEC. 704. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF DEPARTMENT OF + DEFENSE TO DETERMINE EXPOSURE TO PERFLUOROALKYL AND + POLYFLUOROALKYL SUBSTANCES. + + (a) In General.--Beginning on October 1, 2020, the Secretary of +Defense shall provide blood testing to determine and document potential +exposure to perfluoroalkyl and polyfluoroalkyl substances (commonly +known as ``PFAS'') for each firefighter of the Department of Defense +during the annual physical exam conducted by the Department for each +such firefighter. + (b) Firefighter Defined.--In this section, the term ``firefighter'' +means someone whose primary job or military occupational specialty is +being a firefighter. + + Subtitle B--Health Care Administration + +SEC. 711. MODIFICATION OF ORGANIZATION OF MILITARY HEALTH SYSTEM. + + (a) Administration of Military Medical Treatment Facilities.-- +Subsection (a) of section 1073c of title 10, United States Code, is +amended-- + (1) in paragraph (1)-- + (A) by redesignating subparagraphs (A), (B), (C), + (D), (E), and (F) as subparagraphs (C), (D), (E), (G), + (H), and (I), respectively; + (B) by inserting before subparagraph (C), as + redesignated by subparagraph (A) of this paragraph, the + following new subparagraphs: + ``(A) provision and delivery of health care within + each such facility; + ``(B) management of privileging, scope of practice, + and quality of health care provided within each such + facility;''; and + (C) inserting the following new subparagraph: + ``(F) supply and equipment;''; + (2) in paragraph (2)-- + (A) by redesignating subparagraphs (D) through (G) + as subparagraphs (E) through (H), respectively; + (B) by inserting after subparagraph (C) the + following new subparagraph (D): + ``(D) to identify the capacity of each military + medical treatment facility to support clinical + readiness standards of health care providers + established by the Secretary of a military department + or the Assistant Secretary of Defense for Health + Affairs;'' and + (C) by amending subparagraph (F), as redesignated + by subparagraph (A) of this paragraph, to read as + follows: + ``(F) to determine, in coordination with each + Secretary of a military department, manning, including + joint manning, assigned to military medical treatment + facilities and intermediary organizations;'' and + (3) in paragraph (3)-- + (A) in subparagraph (A)-- + (i) by inserting ``on behalf of the + military departments,'' before ``ensuring''; + and + (ii) by striking ``and civilian + employees''; and + (B) in subparagraph (B), by inserting ``on behalf + of the Defense Health Agency,'' before ``furnishing''. + (b) DHA Assistant Director.--Subsection (b)(2) of such section is +amended by striking ``equivalent education and experience'' and all +that follows and inserting ``the education and experience to perform +the responsibilities of the position.''. + (c) DHA Deputy Assistant Directors.--Subsection (c) of such section +is amended-- + (1) in paragraph (2)(B), by striking ``across the military + health system'' and inserting ``at military medical treatment + facilities''; and + (2) in paragraph (4)(B), by inserting ``at military medical + treatment facilities'' before the period at the end. + (d) Military Medical Treatment Facility.--Subsection (f) of such +section is amended by adding at the end the following new paragraph: + ``(3) The term `military medical treatment facility' + means-- + ``(A) any fixed facility of the Department of + Defense that is outside of a deployed environment and + used primarily for health care; and + ``(B) any other location used for purposes of + providing health care services as designated by the + Secretary of Defense.''. + (e) Technical Amendments.--Subsection (a) of such section is +amended-- + (1) in paragraph (1), by striking ``paragraph (4)'' and + inserting ``paragraph (5)''; + (2) by redesignating paragraph (5) as paragraph (6); + (3) by redesignating the first paragraph (4) as paragraph + (5); and + (4) by moving the second paragraph (4) so as to appear + before paragraph (5), as redesignated by paragraph (3) of this + subsection. + +SEC. 712. SUPPORT BY MILITARY HEALTH SYSTEM OF MEDICAL REQUIREMENTS OF + COMBATANT COMMANDS. + + (a) In General.--Section 712 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232) is +amended-- + (1) in subsection (a), by amending paragraph (1) to read as + follows: + ``(1) In general.--The Secretary of Defense shall, acting + through the Secretaries of the military departments, the + Defense Health Agency, and the Joint Staff, implement an + organizational framework of the military health system that + effectively implements chapter 55 of title 10, United States + Code, to maximize the readiness of the medical force, promote + interoperability, and integrate medical capabilities of the + Armed Forces in order to enhance joint military medical + operations in support of requirements of the combatant + commands.''; + (2) in subsection (e), by redesignating paragraphs (2) and + (3) as paragraphs (3) and (4), respectively, and by moving such + paragraphs so as to appear at the end of subsection (d); + (3) by striking subsection (e), as amended by paragraph (2) + of this subsection; + (4) by redesignating subsections (b) through (d) as + subsections (c) through (e), respectively; + (5) by inserting after subsection (a) the following new + subsection (b): + ``(b) Additional Duties of Surgeons General of the Armed Forces.-- +The Surgeons General of the Armed Forces shall have the following +duties: + ``(1) To ensure the readiness for operational deployment of + medical and dental personnel and deployable medical or dental + teams or units of the Armed Force or Armed Forces concerned. + ``(2) To meet medical readiness standards, subject to + standards and metrics established by the Assistant Secretary of + Defense for Health Affairs. + ``(3) With respect to uniformed medical and dental + personnel of the military department concerned-- + ``(A) to assign such personnel to military medical + treatment facilities, under the operational control of + the commander or director of the facility, or to + partnerships with civilian or other medical facilities + for training activities specific to such military + department; and + ``(B) to maintain readiness of such personnel for + operational deployment. + ``(4) To provide logistical support for operational + deployment of medical and dental personnel and deployable + medical or dental teams or units of the Armed Force or Armed + Forces concerned. + ``(5) To oversee mobilization and demobilization in + connection with the operational deployment of medical and + dental personnel of the Armed Force or Armed Forces concerned. + ``(6) To develop operational medical capabilities required + to support the warfighter, and to develop policy relating to + such capabilities. + ``(7) To provide health professionals to serve in + leadership positions across the military healthcare system. + ``(8) To deliver operational clinical services under the + operational control of the combatant commands-- + ``(A) on ships and planes; and + ``(B) on installations outside of military medical + treatment facilities. + ``(9) To manage privileging, scope of practice, and quality + of health care in the settings described in paragraph (8).''; + (6) in subsection (c), as redesignated by paragraph (4) of + this subsection-- + (A) in the subsection heading, by inserting + ``Agency'' before ``Regions''; and + (B) in paragraph (1)-- + (i) in the paragraph heading, by inserting + ``Agency'' before ``regions''; and + (ii) by striking ``defense health'' and + inserting ``Defense Health Agency''; + (7) in subsection (d), as redesignated by paragraph (4) of + this subsection-- + (A) in the subsection heading, by inserting + ``Agency'' before ``Regions''; + (B) in the matter preceding paragraph (1), by + striking ``defense health'' and inserting ``Defense + Health Agency''; and + (C) in paragraph (3), by striking ``subsection + (b)'' and inserting ``subsection (c)''; and + (8) in subsection (e), as redesignated by paragraph (4) of + this subsection-- + (A) in paragraph (2)-- + (i) by amending subparagraph (A) to read as + follows: + ``(A) In general.--The Secretaries of the military + departments shall coordinate with the Chairman of the + Joint Chiefs of Staff and the Defense Health Agency to + direct resources allocated to the military departments + to support requirements related to readiness and + operational medicine support that are established by + the combatant commands and validated by the Joint + Staff.''; and + (ii) in subparagraph (B), in the matter + preceding clause (i), by striking ``Based on'' + and all that follows through ``shall--'' and + inserting ``The Director of the Defense Health + Agency, in coordination with the Assistant + Secretary of Defense for Health Affairs, + shall--''; + (B) in paragraph (3), as moved and redesignated by + paragraph (2) of this subsection, in the second + sentence-- + (i) by inserting ``primarily'' before + ``through''; and + (ii) by inserting``, in coordination with + the Secretaries of the military departments,'' + after ``the Defense Health Agency''; and + (C) by adding at the end the following: + ``(5) Manpower.-- + ``(A) Administrative control of military + personnel.--Each Secretary of a military department + shall exercise administrative control of members of the + Armed Forces assigned to military medical treatment + facilities, including personnel assignment and issuance + of military orders. + ``(B) Oversight of certain personnel by the + director of the defense health agency.--In situations + in which members of the Armed Forces provide health + care services at a military medical treatment facility, + the Director of the Defense Health Agency shall + maintain oversight for the provision of care delivered + by those individuals through policies, procedures, and + privileging responsibilities of the military medical + treatment facility.''. + (b) Conforming Amendments.-- + (1) Heading amendment.--The heading for section 712 of the + John S. McCain National Defense Authorization Act for Fiscal + Year 2019 (Public Law 115-232) is amended to read as follows: + +``SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM OF MEDICAL + REQUIREMENTS OF COMBATANT COMMANDS.''. + + (2) Clerical amendment.--The table of contents for such Act + is amended by striking the item relating to section 712 and + inserting the following new item: + +``Sec. 712. Support by military healthcare system of medical + requirements of combatant commands.''. + +SEC. 713. TOURS OF DUTY OF COMMANDERS OR DIRECTORS OF MILITARY + TREATMENT FACILITIES. + + (a) In General.--Not later than January 1, 2021, the Secretary of +Defense shall establish a minimum length for the tour of duty of an +individual as a commander or director of a military treatment facility. + (b) Tours of Duty.-- + (1) In general.--Except as provided in paragraph (2), the + length of the tour of duty as a commander or director of a + military treatment facility of any individual assigned to such + position after January 1, 2021, may not be shorter than the + longer of-- + (A) the length established pursuant to subsection + (a); or + (B) four years. + (2) Waiver.-- + (A) In general.--The Secretary of the military + department concerned, in coordination with the Director + of the Defense Health Agency, may authorize a tour of + duty of an individual as a commander or director of a + military treatment facility of a shorter length than is + otherwise provided for in paragraph (1) if the + Secretary determines, in the discretion of the + Secretary, that there is good cause for a tour of duty + in such position of shorter length. + (B) Case-by-case basis.--Any determination under + subparagraph (A) shall be made on a case-by-case basis. + +SEC. 714. EXPANSION OF STRATEGY TO IMPROVE ACQUISITION OF MANAGED CARE + SUPPORT CONTRACTS UNDER TRICARE PROGRAM. + + Section 705(c)(1) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1073a note) is amended, +in the matter preceding subparagraph (A), by striking ``, other than +overseas medical support contracts''. + +SEC. 715. ESTABLISHMENT OF REGIONAL MEDICAL HUBS TO SUPPORT COMBATANT + COMMANDS. + + (a) In General.--The Secretary of Defense shall establish not more +than four regional medical hubs, consistent with the defense health +regions established under section 712 of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), to +support operational medical requirements of the combatant commands. + (b) Timing.--Establishment of regional medical hubs under +subsection (a) shall commence not later than October 1, 2020, and shall +be completed not later than October 1, 2022. + (c) Leadership.--Each regional medical hub established under +subsection (a) shall be led by a commander or director who is a member +of the Armed Forces serving in a grade not higher than major general or +rear admiral and who shall be-- + (1) selected by the Director of the Defense Health Agency + from among members of the Armed Forces recommended by the + military departments for service in such position; and + (2) under the authority, direction, and control of the + Director while serving in such position. + (d) Designation of Primary Center.-- + (1) In general.--Each regional medical hub established + under subsection (a) shall include a major military medical + center designated by the Secretary to serve as the primary + center for the provision of specialized medical services in + that region. + (2) Capabilities.--A major military medical center may not + be designated under paragraph (1) unless the center-- + (A) includes one or more large graduate medical + education training platforms; and + (B) provides, at a minimum, role 4 medical care. + (3) Location.-- + (A) In general.--Any major military medical center + designated under paragraph (1) shall be geographically + located so as to maximize the support provided by + uniformed medical resources to the combatant commands. + (B) Collocation with major aerial debarkation + points.--In designating major military medical centers + under paragraph (1), the Secretary shall give + consideration to the collocation of such centers with + major aerial debarkation points of patients in the + medical evacuation system of the United States + Transportation Command. + (4) Major health care delivery platform.--A major military + medical center designated under paragraph (1) shall serve as + the major health care delivery platform for the provision of + complex specialized medical care in the region, whether through + patient referrals from other military medical treatment + facilities or through referrals from either civilian medical + facilities or healthcare facilities of the Department of + Veterans Affairs. + (e) Additional Military Medical Centers.--Consistent with section +1073d of title 10, United States Code, the Secretary, in establishing +regional medical hubs under subsection (a), may establish additional +military medical centers in the following locations: + (1) Locations with large beneficiary populations. + (2) Locations that serve as the primary readiness platforms + of the Armed Forces. + (f) Patient Referrals and Coordination.--In implementing the +regional medical hubs established under subsection (a), the Director of +the Defense Health Agency shall ensure effective and efficient medical +care referrals and coordination among military medical treatment +facilities and among local or regional high-performing health systems +through local or regional partnerships with institutional or individual +civilian providers. + +SEC. 716. MONITORING OF ADVERSE EVENT DATA ON DIETARY SUPPLEMENT USE BY + MEMBERS OF THE ARMED FORCES. + + (a) In General.--The Secretary of Defense shall modify the +electronic health record system of the military health system to +include data regarding the use by members of the Armed Forces of +dietary supplements and adverse events with respect to dietary +supplements. + (b) Requirements.--The modifications required by subsection (a) +shall ensure that the electronic health record system of the military +health system-- + (1) records adverse event report data regarding dietary + supplement use by members of the Armed Forces; + (2) generates standard reports on adverse event data that + can be aggregated for analysis; + (3) issues automated alerts to signal a significant change + in adverse event reporting or to signal a risk of interaction + with a medication or other treatment; and + (4) provides for reporting of adverse event report data + regarding dietary supplement use by members of the Armed Forces + to the Food and Drug Administration. + (c) Outreach.--The Secretary shall conduct outreach to health care +providers in the military health system to educate such providers on +the importance of entering adverse event report data regarding dietary +supplement use by members of the Armed Forces into the electronic +health record system of the military health system and reporting such +data to the Food and Drug Administration. + (d) Definitions.--In this section: + (1) Adverse event.--The term ``adverse event'' has the + meaning given that term in section 761(a) of the Federal Food, + Drug, and Cosmetic Act (21 U.S.C. 379aa-1(a)). + (2) Dietary supplement.--The term ``dietary supplement'' + has the meaning given that term in section 201(ff) of the + Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)). + +SEC. 717. ENHANCEMENT OF RECORDKEEPING WITH RESPECT TO EXPOSURE BY + MEMBERS OF THE ARMED FORCES TO CERTAIN OCCUPATIONAL AND + ENVIRONMENTAL HAZARDS WHILE DEPLOYED OVERSEAS. + + (a) Inclusion in Medical Tracking System of Occupational and +Environmental Health Risks in Deployment Area.-- + (1) Elements of medical tracking system.--Subsection + (b)(1)(A) of section 1074f of title 10, United States Code, is + amended-- + (A) in clause (ii), by striking ``and'' at the end; + (B) in clause (iii), by striking the period at the + end and inserting ``; and''; and + (C) by adding at the end the following new clause: + ``(iv) accurately record any exposure to + occupational and environmental health risks during the + course of their deployment.''. + (2) Recordkeeping.--Subsection (c) of such section is + amended by inserting after ``deployment area'' the following: + ``(including the results of any assessment performed by the + Secretary of occupational and environmental health risks for + such area)''. + (b) Postdeployment Medical Examination and Reassessments.--Section +1074f of title 10, United States Code, as amended by subsection (a), is +further amended by adding at the end the following new subsection: + ``(g) Additional Requirements for Postdeployment Medical +Examinations and Health Reassessments.--(1) The Secretary of Defense +shall standardize and make available to a provider that conducts a +postdeployment medical examination or reassessment under the system +described in subsection (a) questions relating to occupational and +environmental health exposure. + ``(2) The Secretary, to the extent practicable, shall ensure that +the medical record of a member includes information on the external +cause relating to a diagnosis of the member, including by associating +an external cause code (as issued under the International Statistical +Classification of Diseases and Related Health Problems, 10th Revision +(or any successor revision)).''. + (c) Access to Information in Burn Pit Registry.-- + (1) In general.--The Secretary of Defense shall ensure that + all medical personnel of the Department of Defense have access + to the information contained in the burn pit registry. + (2) Burn pit registry defined.--In this subsection, the + term ``burn pit registry'' means the registry established under + section 201 of the Dignified Burial and Other Veterans' + Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. + 527 note). + + Subtitle C--Reports and Other Matters + +SEC. 721. EXTENSION AND CLARIFICATION OF AUTHORITY FOR JOINT DEPARTMENT + OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL + FACILITY DEMONSTRATION FUND. + + Title XVII of the National Defense Authorization Act for Fiscal +Year 2010 (Public Law 111-84; 123 Stat. 2567) is amended-- + (1) in section 1701(a)-- + (A) by striking ``Subject to subsection (b), the'' + and inserting ``The''; + (B) by striking subsection (b); and + (C) by redesignating subsections (c) through (f) as + subsections (b) through (e), respectively; + (2) in section 1702(a)(1), by striking ``hereafter in this + title'' and inserting ``in this section''; + (3) in section 1703, in subsections (a) and (c), by + striking ``the facility'' and inserting ``the James A. Lovell + Federal Health Care Center''; + (4) in section 1704-- + (A) in subsections (a)(3), (a)(4)(A), and (b)(1), + by striking ``the facility'' and inserting ``the James + A. Lovell Federal Health Care Center''; and + (B) in subsection (e), as most recently amended by + section 731 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115- + 232), by striking ``September 30, 2020'' and inserting + ``September 30, 2021''; + (5) in section 1705-- + (A) in subsection (a), by striking ``the facility'' + and inserting ``the James A. Lovell Federal Health Care + Center (in this section referred to as the + `JALFHCC')''; + (B) in subsection (b), in the matter preceding + paragraph (1), by striking ``the facility'' and + inserting ``the JALFHCC''; and + (C) in subsection (c)-- + (i) by striking ``the facility'' each place + it appears and inserting ``the JALFHCC''; and + (ii) by adding at the end the following new + paragraph: + ``(4) To permit the JALFHCC to enter into personal services + contracts to carry out health care responsibilities in the + JALFHCC to the same extent and subject to the same conditions + and limitations as apply under section 1091 of title 10, United + States Code, to the Secretary of Defense with respect to health + care responsibilities in medical treatment facilities of the + Department of Defense.''. + +SEC. 722. APPOINTMENT OF NON-EX OFFICIO MEMBERS OF THE HENRY M. JACKSON + FOUNDATION FOR THE ADVANCEMENT OF MILITARY MEDICINE. + + (a) Appointment by Non-ex Officio Members.--Subparagraph (C) of +paragraph (1) of section 178(c) of title 10, United States Code, is +amended to read as follows: + ``(C) six members, each of whom shall be appointed at the + expiration of the term of a member appointed under this + subparagraph, as provided for in paragraph (2), by the members + currently serving on the Council pursuant to this subparagraph + and paragraph (2), including the member whose expiring term is + so being filled by such appointment.''. + (b) Repeal of Obsolete Authority Establishing Staggered Terms.-- +Paragraph (2) of such section is amended-- + (1) by striking ``except that--'' and all that follows + through ``any person'' and inserting ``except that any + person''; + (2) by striking ``; and'' and inserting a period; and + (3) by striking subparagraph (B). + (c) Effective Date.-- + (1) In general.--The amendments made by this section shall + take effect on the date of the enactment of this Act. + (2) Construction for current members.--Nothing in the + amendments made by this section shall be construed to terminate + or otherwise alter the appointment or term of service of + members of the Henry M. Jackson Foundation for the Advancement + of Military Medicine who are so serving on the date of the + enactment of this Act pursuant to an appointment under + paragraph (1)(C) or (2) of section 178(c) of title 10, United + States Code, made before that date. + +SEC. 723. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS. + + Section 7081(d) of title 10, United States Code, is amended by +striking ``Dental Corps Officer'' and inserting ``Army Medical +Department Officer''. + +SEC. 724. ESTABLISHMENT OF ACADEMIC HEALTH SYSTEM IN NATIONAL CAPITAL + REGION. + + (a) In General.--Chapter 104 of title 10, United States Code, is +amended by inserting after section 2113a the following new section: +``Sec. 2113b. Academic Health System + ``(a) In General.--The Secretary of Defense may establish an +Academic Health System to integrate the health care, health professions +education, and health research activities of the military health +system, including under this chapter, in the National Capital Region. + ``(b) Leadership.--(1) The Secretary may appoint employees of the +Department of Defense to leadership positions in the Academic Health +System established under subsection (a). + ``(2) Such positions may include responsibilities for management of +the health care, health professions education, and health research +activities described in subsection (a) and are in addition to similar +leadership positions for members of the armed forces. + ``(c) Administration.--The Secretary may use such authorities under +this chapter relating to the health care, health professions education, +and health research activities of the military health system as the +Secretary considers appropriate for the administration of the Academic +Health System established under subsection (a). + ``(d) National Capital Region Defined.--In this section, the term +`National Capital Region' means the area, or portion thereof, as +determined by the Secretary, in the vicinity of the District of +Columbia.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 104 of such title is amended by inserting after the item +relating to section 2113a the following new item: + +``2113b. Academic Health System.''. + +SEC. 725. PROVISION OF VETERINARY SERVICES BY VETERINARY PROFESSIONALS + OF THE DEPARTMENT OF DEFENSE IN EMERGENCIES. + + (a) In General.--Chapter 53 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 1060c. Provision of veterinary services in emergencies + ``(a) In General.--A veterinary professional described in +subsection (b) may provide veterinary services for the purposes +described in subsection (c) in any State, the District of Columbia, or +a territory or possession of the United States, without regard to where +such veterinary professional or the patient animal are located, if the +provision of such services is within the scope of the authorized duties +of such veterinary professional for the Department of Defense. + ``(b) Veterinary Professional Described.--A veterinary professional +described in this subsection is an individual who is-- + ``(1)(A) a member of the armed forces, a civilian employee + of the Department of Defense, or otherwise credentialed and + privileged at a Federal veterinary institution or location + designated by the Secretary of Defense for purposes of this + section; or + ``(B) a member of the National Guard performing training or + duty under section 502(f) of title 32; + ``(2) certified as a veterinary professional by a + certification recognized by the Secretary of Defense; and + ``(3) currently licensed by a State, the District of + Columbia, or a territory or possession of the United States to + provide veterinary services. + ``(c) Purposes Described.--The purposes described in this +subsection are veterinary services in response to any of the following: + ``(1) A national emergency declared by the President + pursuant to the National Emergencies Act (50 U.S.C. 1601 et + seq.). + ``(2) A major disaster or an emergency (as those terms are + defined in section 102 of the Robert T. Stafford Disaster + Relief and Emergency Assistance Act (42 U.S.C. 5122)). + ``(3) A public health emergency declared by the Secretary + of Health and Human Services under section 319 of the Public + Health Service Act (42 U.S.C. 247d). + ``(4) An extraordinary emergency, as determined by the + Secretary of Agriculture under section 10407(b) of the Animal + Health Protection Act (7 U.S.C. 8306(b)).''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 53 of such title is amended by inserting after the item +relating to section 1060b the following new item: + +``1060c. Provision of veterinary services in emergencies.''. + +SEC. 726. FIVE-YEAR EXTENSION OF AUTHORITY TO CONTINUE THE DOD-VA + HEALTH CARE SHARING INCENTIVE FUND. + + Section 8111(d)(3) of title 38, United States Code, is amended by +striking ``September 30, 2020'' and inserting, ``September 30, 2025''. + +SEC. 727. PILOT PROGRAM ON CIVILIAN AND MILITARY PARTNERSHIPS TO + ENHANCE INTEROPERABILITY AND MEDICAL SURGE CAPABILITY AND + CAPACITY OF NATIONAL DISASTER MEDICAL SYSTEM. + + (a) In General.--The Secretary of Defense may carry out a pilot +program to establish partnerships with public, private, and nonprofit +health care organizations, institutions, and entities in collaboration +with the Secretary of Veterans Affairs, the Secretary of Health and +Human Services, the Secretary of Homeland Security, and the Secretary +of Transportation to enhance the interoperability and medical surge +capability and capacity of the National Disaster Medical System under +section 2812 of the Public Health Service Act (42 U.S.C. 300hh-11) in +the vicinity of major aeromedical transport hubs of the Department of +Defense. + (b) Duration.--The Secretary of Defense may carry out the pilot +program under subsection (a) for a period of not more than five years. + (c) Locations.--The Secretary shall carry out the pilot program +under subsection (a) at not fewer than five aeromedical transport hub +regions in the United States. + (d) Requirements.--In establishing partnerships under the pilot +program under subsection (a), the Secretary, in collaboration with the +Secretary of Veterans Affairs, the Secretary of Health and Human +Services, the Secretary of Homeland Security, and the Secretary of +Transportation, shall establish requirements under such partnerships +for staffing, specialized training, medical logistics, telemedicine, +patient regulating, movement, situational status reporting, tracking, +and surveillance. + (e) Evaluation Metrics.--The Secretary of Defense shall establish +metrics to evaluate the effectiveness of the pilot program under +subsection (a). + (f) Reports.-- + (1) Initial report.-- + (A) In general.--Not later than 180 days after the + commencement of the pilot program under subsection (a), + the Secretary shall submit to the Committees on Armed + Services of the Senate and the House of Representatives + a report on the pilot program. + (B) Elements.--The report required by subparagraph + (A) shall include the following: + (i) A description of the pilot program. + (ii) The requirements established under + subsection (d). + (iii) The evaluation metrics established + under subsection (e). + (iv) Such other matters relating to the + pilot program as the Secretary considers + appropriate. + (2) Final report.-- + (A) In general.--Not later than 180 days after + completion of the pilot program under subsection (a), + the Secretary shall submit to the Committees on Armed + Services of the Senate and the House of Representatives + a report on the pilot program. + (B) Elements.--The report required by subparagraph + (A) shall include the following: + (i) A description of the pilot program, + including the partnerships established under + the pilot program as described in subsection + (a). + (ii) An assessment of the effectiveness of + the pilot program. + (iii) Such recommendations for legislative + or administrative action as the Secretary + considers appropriate in light of the pilot + program, including recommendations for + extending or making permanent the authority for + the pilot program. + +SEC. 728. MODIFICATION OF REQUIREMENTS FOR LONGITUDINAL MEDICAL STUDY + ON BLAST PRESSURE EXPOSURE OF MEMBERS OF THE ARMED + FORCES. + + Section 734 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1444) is amended-- + (1) in subsection (b)-- + (A) in paragraph (2), by striking ``; and'' and + inserting a semicolon; + (B) in paragraph (3), by striking the period at the + end and inserting ``; and''; and + (C) by adding at the end the following new + paragraph: + ``(4) assess the feasibility and advisability of-- + ``(A) uploading the data gathered from the study + into the Defense Occupational and Environmental Health + Readiness System - Industrial Hygiene (DOEHRS-IH) or + similar system; and + ``(B) allowing personnel of the Department of + Defense and the Department of Veterans Affairs to have + access to such system.''; and + (2) in subsection (c)-- + (A) by redesignating paragraph (2) as paragraph + (3); and + (B) by inserting after paragraph (1) the following + new paragraph (2): + ``(2) Annual status report.--Not later than January 1 of + each year during the period beginning on the date of the + enactment of the National Defense Authorization Act for Fiscal + Year 2020 and ending on the completion of the study under + subsection (a), the Secretary shall submit to the Committees on + Armed Services of the Senate and the House of Representatives a + status report on the study.''. + + TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + MATTERS + + Subtitle A--Contracting and Acquisition Provisions + +SEC. 801. PILOT PROGRAM ON INTELLECTUAL PROPERTY EVALUATION FOR + ACQUISITION PROGRAMS. + + (a) Pilot Program.--Not later than 180 days after the date of the +enactment of this act, the Secretary of Defense and the Secretaries of +the military departments may jointly carry out a pilot program to +assess mechanisms to evaluate intellectual property, such as technical +data deliverables and associated license rights, including commercially +available intellectual property valuation analysis and techniques, in +acquisition programs for which they are responsible to better +understand the benefits associated with these techniques on-- + (1) the development of cost-effective intellectual property + strategies, and + (2) assessment and management of the value and costs of + intellectual property during acquisition and sustainment + activities (including source selection evaluation factors) + throughout the acquisition lifecycle for any acquisition + program selected by the Secretary concerned. + (b) Activities.--Activities carried out under the pilot program may +include the following: + (1) Establishing a team of Department of Defense and + private sector subject matter experts to identify, to the + maximum extent practicable at each milestone for a selected + acquisition programs, intellectual property evaluation + techniques to obtain quantitative and qualitative analysis + related to the value of intellectual property during the + procurement, production and deployment, and operations and + support phases of the acquisition of the systems under the + program. + (2) Assessment of commercial valuation techniques for + intellectual property for use by the Department of Defense. + (3) Assessment of the feasibility of agency-level oversight + to standardize intellectual property evaluation practices and + procedures. + (4) Assessment of contracting mechanisms to speed delivery + of intellectual property to the Armed Forces or reduce + sustainment costs. + (5) Assessment of agency acquisition planning to ensure + procurement of intellectual property deliverables and + intellectual property rights necessary for Government-planned + sustainment activities. + (6) Engagement with the commercial industry to-- + (A) support the development of strategies and + program requirements to aid in acquisition and + transition planning for intellectual property; + (B) support the development and improvement of + intellectual property strategies as part of life-cycle + sustainment plans; and + (C) propose and implement alternative and + innovative methods of intellectual property valuation, + prioritization, and evaluation techniques for + intellectual property. + (7) Recommending to the cognizant program manager for an + acquisition program evaluation techniques and contracting + mechanisms for implementation into the acquisition and + sustainment activities of that acquisition program. + (c) Acquisition of Commercial and Nondevelopmental Items, Products, +and Services.--The pilot program shall provide criteria to ensure the +appropriate consideration of commercial items and non-developmental +items as alternatives to items to be specifically developed for the +acquisition program, including evaluation of the benefits of reduced +risk regarding cost, schedule, and performance associated with +commercial and non-developmental items, products, and services. + (d) Assessments.--Not later than November 1, 2020, and annually +thereafter through 2023, the Secretary of Defense, in coordination with +the Secretaries concerned, shall submit to the congressional defense +committees a joint report on the pilot program conducted under this +section. The report shall, at a minimum, include-- + (1) a description of the acquisition programs selected by + the Secretary concerned; + (2) a description of the specific activities in paragraph + (b) that were performed under each program; + (3) an assessment of the effectiveness of the activities; + (4) an assessment of improvements to acquisition or + sustainment activities related to the pilot program; and + (5) an assessment of cost-savings from the activities + related to the pilot program, including any improvement to + mission success during the operations and support phase of the + program. + +SEC. 802. PILOT PROGRAM TO USE ALPHA CONTRACTING TEAMS FOR COMPLEX + REQUIREMENTS. + + (a) In General.--(1) The Secretary of Defense shall select at least +2, and up to 5, initiatives to participate in a pilot to use teams +that, with the advice of expert third parties, focus on the development +of complex contract technical requirements for services, with each team +focusing on developing achievable technical requirements that are +appropriately valued and identifying the most effective acquisition +strategy to achieve those requirements. + (2) The Secretary shall develop metrics for tracking progress of +the program at improving quality and acquisition cycle time. + (b) Development of Criteria and Initiatives.--(1) Not later than +February 1, 2020, the Secretary of Defense shall establish the pilot +program and notify the congressional defense committees of the criteria +used to select initiatives and the metrics used to track progress. + (2) Not later than May 1, 2020, the Secretary shall notify the +congressional defense committees of the initiatives selected for the +program. + (3) Not later than December 1, 2020, the Secretary shall brief the +congressional defense committees on the progress of the selected +initiatives, including the progress of the initiatives at improving +quality and acquisition cycle time according to the metrics developed +under subsection (a)(2). + +SEC. 803. MODIFICATION OF WRITTEN APPROVAL REQUIREMENT FOR TASK AND + DELIVERY ORDER SINGLE CONTRACT AWARDS. + + Section 2304a(d)(3) of title 10, United States Code, is amended-- + (1) in subparagraph (B), by redesignating clauses (i) and + (ii) as subclauses (I) and (II), respectively; + (2) by redesignating subparagraphs (A), (B), (C), and (D) + as clauses (i), (ii), (iii), and (iv), respectively; + (3) by striking ``No task or delivery order contract'' and + inserting ``(A) Except as provided under subparagraph (B), no + task or delivery order contract''; and + (4) by adding at the end the following new subparagraph: + ``(B) A task or delivery order contract in an amount estimated to +exceed $100,000,000 (including all options) may be awarded to a single +source without the written determination otherwise required under +subparagraph (A) if the head of the agency has made a written +determination pursuant to section 2304(c) of this title that other than +competitive procedures may be used for the awarding of such +contract.''. + +SEC. 804. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES + PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO + AFGHANISTAN. + + Section 801(f) of the National Defense Authorization Act for Fiscal +Year 2010 (Public Law 111-84; 123 Stat. 2399), as most recently amended +by section 1214 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1649), is further amended by +striking ``December 31, 2019'' and inserting ``December 31, 2021''. + +SEC. 805. MODIFICATION OF DIRECTOR OF OPERATIONAL TEST AND EVALUATION + REPORT. + + Section 139(h)(5) of title 10, United States Code, is amended to +read as follows: + ``(5) The Director shall solicit comments from the Secretaries of +the military departments on each report of the Director to Congress +under this section and summarize the comments in the report. The +Director shall determine the amount of time available for the +Secretaries to comment on the draft report on a case by case basis, and +consider the extent to which substantive discussions have already been +held between the Director and the military department. The Director +shall reserve the right to issue the report without comment from a +military department if the department's comments are not received +within the time provided, and shall indicate any such omission in the +report.''. + +SEC. 806. DEPARTMENT OF DEFENSE USE OF FIXED-PRICE CONTRACTS. + + (a) Department of Defense Review.-- + (1) In general.--The Under Secretary of Defense for + Acquisition and Sustainment shall review how the Department of + Defense informs decisions to use fixed-price contracts to + support broader acquisition objectives, to ensure that such + decisions are made strategically and consistently. The review + should include decisions on the use of the various types of + fixed price contracts, including fixed-price incentive + contracts. + (2) Briefing.--Not later than February 1, 2020, the Under + Secretary shall brief the congressional defense committees on + the findings of the review required under paragraph (1). + (b) Comptroller General Report.-- + (1) In general.--Not later than February 1, 2021, the + Comptroller General of the United States shall submit to the + congressional defense committees a report on the Department of + Defense's use of fixed-price contracts, including different + types of fixed-price contracts. + (2) Elements.--The report required under paragraph (1) + shall include the following elements: + (A) A description of the extent to which fixed- + price contracts have been used over time and the + conditions in which they are used. + (B) An assessment of the effects of the decisions + to use of fixed-price contract types, such as any + additional costs or savings or efficiencies in contract + administration. + (C) An assessment of how decisions to use various + types of fixed-price contracts affects the contract + closeout process. + (c) Delayed Implementation of Regulations Requiring the Use of +Fixed-price Contracts for Foreign Military Sales.--The regulations +prescribed pursuant to section 830(a) of the National Defense +Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. +2762 note) shall not take effect until December 31, 2020. The +regulations as so prescribed shall take into account the findings of +the review conducted under subsection (a)(1). + +SEC. 807. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING + PROCESSES. + + Section 890 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended-- + (1) by striking subsection (b); + (2) by redesignating subsections (c) and (d) as subsections + (b) and (c), respectively; + (3) in subsection (b), as redesignated by paragraph (2), by + striking ``and an assessment of whether the program should be + continued or expanded''; and + (4) in subsection (c), as so redesignated, by striking + ``January 2, 2021'' and inserting ``January 2, 2023''. + +SEC. 808. PILOT PROGRAM TO STREAMLINE DECISION-MAKING PROCESSES FOR + WEAPON SYSTEMS. + + (a) Candidate Acquisition Programs.-- + (1) In general.--Not later than February 1, 2020, each + Service Acquisition Executive shall recommend to the Secretary + of Defense at least one major defense acquisition program for a + pilot program to include tailored measures to streamline the + entire milestone decision process, with the results evaluated + and reported for potential wider use. + (2) Elements.--Each pilot program selected pursuant to + paragraph (1) shall include the following elements: + (A) Delineating the appropriate information needed + to support milestone decisions, assuring program + accountability and oversight, which should be based on + the business case principles needed for well-informed + milestone decisions, including user-defined + requirements, reasonable acquisition and life-cycle + cost estimates, and a knowledge-based acquisition plan + for maturing technologies, stabilizing the program + design, and ensuring key manufacturing processes are in + control. + (B) Developing an efficient process for providing + this information to the milestone decision authority + by-- + (i) minimizing any reviews between the + program office and the different functional + staff offices within each chain of command + level; and + (ii) establishing frequent, regular + interaction between the program office and + milestone decision makers, in lieu of + documentation reviews, to help expedite the + process. + (b) Briefing.--Not later than May 1, 2020, the Under Secretary of +Defense for Acquisition and Sustainment shall provide to the +congressional defense committees an informal briefing detailing-- + (1) the acquisition programs selected pursuant to + subsection (a); + (2) the associated action plans, including timelines, for + each program; and + (3) the manner in which each program conforms to the + requirements set forth in subsection (a)(2). + +SEC. 809. 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)''. + +SEC. 810. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO + SOURCING REQUIREMENTS FOR CERTAIN ARTICLES. + + Subsection (h) of section 2533a of title 10, United States Code, is +amended to read as follows: + ``(h) Exception for Small Purchases.--Subsection (a) does not apply +to purchases for amounts not greater than $150,000. A proposed purchase +or contract for an amount greater than $150,000 may not be divided into +several purchases or contracts for lesser amounts in order to qualify +for this exception. On October 1 of each year evenly divisible by 5, +the Secretary of Defense may adjust the dollar threshold in this +subsection based on changes in the Consumer Price Index. The Secretary +shall publish notice of any such adjustment in the Federal Register, +and the new price threshold shall take effect on the date of +publication.''. + + Subtitle B--Provisions Relating to Major Defense Acquisition Programs + +SEC. 821. NAVAL VESSEL CERTIFICATION REQUIRED BEFORE MILESTONE B + APPROVAL. + + Section 2366b(a) of title 10, United States Code, is amended-- + (1) in paragraph (3)(O), by striking ``; and'' and + inserting a semicolon; + (2) in paragraph (4), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new paragraph: + ``(5) in the case of a naval vessel program, certifies + compliance with the requirements of section 8669b of this + title.''. + + Subtitle C--Industrial Base Matters + +SEC. 831. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE INTEGRITY OF + INDUSTRIAL BASE. + + (a) Digitization and Modernization.--The Secretary of Defense shall +streamline and digitize the existing Department of Defense approach for +identifying and mitigating risks to the defense industrial base across +the acquisition process, creating a continuous model that uses digital +tools, technologies, and approaches designed to ensure the +accessibility of data to key decision-makers in the Department. + (b) Analytical Framework.-- + (1) In general.--The Under Secretary of Defense for + Acquisition and Sustainment, in coordination with the Defense + Security Service (or successor entity) and other organizations + as appropriate, shall develop an analytical framework for risk + mitigation across the acquisition process. + (2) Elements.--The analytical framework required under + paragraph (1) shall include the following elements: + (A) Characterization and monitoring of supply chain + risks, including-- + (i) material sources and fragility; + (ii) counterfeit parts; + (iii) cybersecurity of contractors; + (iv) vendor vetting in contingency or + operational environments; and + (v) other risk areas as determined + appropriate. + (B) Characterization and monitoring of risks posed + by contractor behavior that constitute violations of + laws or regulations, including those relating to-- + (i) fraud; + (ii) ownership structures; + (iii) trafficking in persons; + (iv) workers' health and safety; + (v) affiliation with the enemy; and + (vi) other risk areas as deemed + appropriate. + (C) Characterization of the Department's + acquisition processes and procedures, including-- + (i) market research; + (ii) responsibility determinations, + including consideration of the need for special + standards of responsibility to address the + risks described in subparagraphs (A) and (B); + (iii) facilities clearances; + (iv) contract requirements definition and + technical evaluation; + (v) contract awards and contractor + mobilization; + (vi) contractor mobilization to include + hiring, training, and establishing facilities; + (vii) contract administration, contract + management, and oversight; + (viii) contract audit for closeout; + (ix) contractor business system reviews; + and + (x) other relevant processes and + procedures. + (D) Characterization and monitoring of the health + and activities of the defense industrial base, + including those relating to-- + (i) balance sheets, revenues, + profitability, and debt; + (ii) investment, innovation, and + technological and manufacturing sophistication; + (iii) finances, access to capital markets, + and cost of raising capital within those + markets; + (iv) corporate governance, leadership, and + culture of performance; and + (v) history of performance on past + Department of Defense and government contracts. + (c) Roles and Responsibilities.--The Secretary of Defense shall +designate the roles and responsibilities of organizations and +individuals to execute activities under this section, including-- + (1) the Under Secretary of Defense for Acquisition and + Sustainment, including the Office of Defense Pricing and + Contracting and the Office of Industrial Policy; + (2) Service Acquisition Executives; + (3) program offices and procuring contracting officers; + (4) administrative contracting officers within the Defense + Contract Management Agency and the Supervisor of Shipbuilding; + (5) the Defense Security Service and the Defense + Counterintelligence Security Agency; + (6) the Defense Contract Audit Agency; + (7) departments, agencies, or activities which own or + operate systems containing data relevant to Department of + Defense contractors; + (8) the Under Secretary for Research and Engineering; and + (9) other relevant organizations and individuals. + (d) Enabling Data, Tools, and Systems.-- + (1) Assessment of existing data sources, systems, and + tools.-- + (A) In general.--The Under Secretary of Defense for + Acquisition and Sustainment, in consultation with the + Chief Data Officer of the Department of Defense, and + the Defense Security Service (or successor entity), + shall assess the extent to which existing systems of + record relevant to risk assessments and contracting are + producing, exposing, and timely maintaining valid and + reliable data for the purposes of the Department's + continuous assessment and mitigation of risks in the + defense industrial base. + (B) Elements.--The assessment required under + subparagraph (A) shall include the following elements: + (i) Identification of the necessary source + data, to include data from contractors, + intelligence and security activities, program + offices, and commercial research entities. + (ii) A description of the modern data + infrastructure, tools, and applications and + what changes would improve the effectiveness + and efficiency of mitigating the risks + described in subsection (b)(2). + (iii) An assessment of the following + systems owned or operated outside of the + Department of Defense: + (I) The Federal Awardee Performance + and Integrity Information System + (FAPIIS). + (II) The System for Award + Management (SAM). + (III) The Federal Procurement Data + System-Next Generation (FPDS-NG). + (iv) An assessment of systems owned or + operated by the Department of Defense, + including the Defense Security Service (or + successor entity) and other defense agencies + and field activities used to capture and + analyze the performance of vendors and + contractors. + (2) Modernization of data collection, exposure, and + analysis methods.--Based on the findings pursuant to paragraph + (1), the Secretary of Defense shall develop a unified set of + activities to modernize the systems of record, data sources and + collection methods, and data exposure mechanisms. The unified + set of activities should feature-- + (A) the ability to continuously collect data on, + assess, and mitigate risks; + (B) data analytics and business intelligence tools + and methods; and + (C) continuous development and continuous delivery + of secure software to implement the activities. + (e) Reports.-- + (1) Initial report.--Not later than November 15, 2019, the + Secretary of Defense shall submit to the congressional defense + committees a report on actions taken pursuant to this section, + including recommendations for any further authorities or + legislation. + (2) Second report.--Not later than April 15, 2020, the + Secretary of Defense shall submit to the congressional defense + committees a report on actions taken pursuant to this section, + including recommendations for any further legislation. + (f) Comptroller General Reviews.-- + (1) Briefing.--Not later than February 15, 2020, the + Comptroller General of the United States shall brief the + congressional defense committees on Department of Defense + efforts over the previous 5 years to continuously assess and + mitigate risks to the defense industrial base across the + acquisition process, and a summary of current and planned + efforts. + (2) Annual assessments.--Not later than June 15, 2020, and + annually thereafter, the Comptroller General of the United + States shall submit to the congressional defense committees an + assessment of Department of Defense progress in implementing + the framework required under subsection (b). + +SEC. 832. ASSESSMENT OF PRECISION-GUIDED MISSILES FOR RELIANCE ON + FOREIGN-MADE MICROELECTRONIC COMPONENTS. + + (a) In General.--Not later than August 31, 2020, the Secretary of +the Air Force shall brief the congressional defense committees on the +findings of an assessment of the Air Force's precision-guided missiles +for reliance on foreign-made microelectronic components. + (b) Elements.--The assessment required under subsection (a) shall-- + (1) consider certain risks such as-- + (A) where microelectronic components for all of the + Air Force's precision-guided missiles currently in + production were made; + (B) the contract tier level of the microelectronic + components supplier; and + (C) which of the microelectronic components are + cyber security concerns; and + (2) identify mitigation strategies. + +SEC. 833. MITIGATING RISKS RELATED TO FOREIGN OWNERSHIP, CONTROL, OR + INFLUENCE OF DEPARTMENT OF DEFENSE CONTRACTORS OR + SUBCONTRACTORS. + + (a) Definitions.--In this section: + (1) Beneficial owner; beneficial ownership.--The terms + ``beneficial owner'' and ``beneficial ownership'' shall be + determined in the manner set forth in section 240.13d-3 of + title 17, Code of Federal Regulations. + (2) Company.--The term ``company'' means any corporation, + company, limited liability company, limited partnership, + business trust, business association, or other similar entity. + (3) Covered contractor or subcontractor.--The term + ``covered contractor or subcontractor'' means a company that is + an existing or prospective contractor or subcontractor of the + Department of Defense on a contract or subcontract with a value + in excess of $5,000,000, except as provided in subsection (c). + (4) Foreign ownership, control, or influence; foci.--The + terms ``foreign ownership, control, or influence'' and ``FOCI'' + have the meanings given those terms under the policy, factors, + and procedures of the National Industrial Security Program + Operating Manual, DOD 5220.22-M, or a successor document. + (b) Improved Assessment and Mitigation of Risks Related to Foreign +Ownership, Control, or Influence.-- + (1) In general.--In developing and implementing the + analytical framework for mitigating risk relating to ownership + structures, as required by section 831(b)(2)(B)(ii), the + Secretary of Defense shall improve the process and procedures + for the assessment and mitigation of risks related to foreign + ownership, control, or influence (FOCI) of contractors and + subcontractors doing business with the Department of Defense. + (2) Elements.--The process and procedures for the + assessment and mitigation of risk relating to ownership + structures referred to in paragraph (1) shall include the + following elements: + (A) Assessment of foci.--(i) A requirement for + covered contractors and subcontractors to disclose to + the Defense Security Service, or its successor + organization, their beneficial ownership and whether + they are under FOCI. + (ii) A requirement to update such disclosures when + significant changes occur to information previously + provided, consistent with or similar to the procedures + for updating FOCI information under the National + Industrial Security Program. + (iii) A requirement for covered contractors and + subcontractors determined to be under FOCI to disclose + contact information for each of its foreign owners that + is a beneficial owner. + (iv) A requirement that, at a minimum, the + disclosures required by this paragraph be provided at + the time the contract or subcontract is awarded, + amended, or renewed, but in no case later than one year + after the Secretary prescribes regulations to carry out + this subsection. + (B) Responsibility determination.--Consistent with + section 831(b)(2)(C)(ii), consideration of FOCI risks + as part of responsibility determinations, including-- + (i) whether to establish a special standard + of responsibility relating to FOCI risks for + covered contractors or subcontractors, and the + extent to which the policies and procedures + consistent with or similar to those relating to + FOCI under the National Industrial Security + Program shall be applied to covered contractors + or subcontractors; + (ii) procedures for contracting officers + making responsibility determinations regarding + whether covered contractors and subcontractors + may be under foreign ownership, control, or + influence and for determining whether there is + reason to believe that such foreign ownership, + control, or influence would pose a risk to + national security or potential risk of + compromise because of sensitive data, systems, + or processes, such as personally identifiable + information, cybersecurity, or national + security systems involved with the contract or + subcontract; and + (iii) modification of policies, directives, + and practices to provide that an assessment + that a covered contractor or subcontractor is + under FOCI may be a sufficient basis for a + contracting officer to determine that a + contractor or subcontractor is not responsible. + (C) Contract requirements, administration, and + oversight relating to foci.-- + (i) Requirements for contract clauses + providing for and enforcing disclosures related + to changes in FOCI during performance of the + contract, consistent with subparagraph (A), and + necessitating the effective mitigation of risks + related to FOCI throughout the duration of the + contract or subcontract. + (ii) Pursuant to section 831(c), + designation of the appropriate Department of + Defense official responsible to approve and to + take actions relating to award, modification, + termination of a contract, or direction to + modify or terminate a subcontract due to an + assessment by the Defense Security Service, or + its successor organization, that a covered + contractor or subcontractor under FOCI poses a + risk to national security or potential risk of + compromise. + (iii) A requirement for the provision of + additional information regarding beneficial + ownership and control of any covered contractor + or subcontractor on the contract or + subcontract. + (iv) Other measures as necessary to be + consistent with other relevant practices, + policies, regulations, and actions, including + those under the National Industrial Security + Program. + (c) Applicability to Contracts and Subcontracts for Commercial +Products and Services and Other Forms of Acquisition Agreements.-- + (1) Commercial products and services.--The disclosure + requirements under subsection (b) shall not apply to a contract + or subcontract for commercial products or services, unless a + designated senior official specifically requires the + disclosures described in such subparagraphs with respect to the + contract or subcontract based on a determination by the + designated senior official that the contract or subcontract + involves a risk to national security or potential risk of + compromise because of sensitive data, systems, or processes, + such as personally identifiable information, cybersecurity, or + national security systems. + (2) Research and development and procurement activities.-- + The Secretary of Defense shall ensure that the requirements of + this section are applied to research and development and + procurement activities, including for the delivery of services, + established through any means including those under section + 2358(b) of title 10, United States Code. + (d) Availability of Resources.--The Secretary shall ensure that +sufficient resources, including subject matter expertise, are allocated +to execute the functions necessary to carry out this section, including +the assessment, mitigation, contract administration, and oversight +functions. + (e) Reporting Requirements and Limited Availability of Beneficial +Ownership Data.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall + establish a process to update systems of record to improve the + assessment and mitigation of risks associated with FOCI through + the inclusion and updating of all appropriate associated + uniquely identifying information about the contracts and + contractors and subcontracts and subcontractors in the Federal + Awardee Performance and Integrity Information System (FAPIIS), + administered by the General Services Administration, and the + Commercial and Government Entity (CAGE) database, administered + by the Defense Logistics Agency. + (2) Limited availability of information.--The Secretary of + Defense shall ensure that the information required to be + disclosed pursuant to this subsection is-- + (A) not made public; + (B) made available via the FAPIIS and CAGE + databases; and + (C) made available to appropriate government + departments or agencies. + +SEC. 834. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE ENEMY. + + (a) Extension.--Section 841(n) of the National Defense +Authorization Act for Fiscal Year 2015 (10 U.S.C. 2302 note) is amended +by striking ``December 31, 2021'' and inserting ``December 31, 2023''. + (b) Expansion of Program.--Section 841(a) of such Act is amended-- + (1) in the heading, by striking ``Identification of Persons + and Entities'' and inserting ``Program''; + (2) in the matter preceding paragraph (1), by striking + ``establish in'' and all that follows and inserting ``establish + a program to mitigate threats posed by vendors supporting + operations outside the United States. The program shall use + available intelligence to identify persons and entities that-- + ''; + (3) in paragraph (1), by striking ``; or'' and inserting a + semicolon; + (4) in paragraph (2), by striking the period and inserting + a semicolon; and + (5) by adding at the end the following new paragraphs: + ``(3) directly or indirectly support a covered person or + entity or otherwise pose a force protection risk to personnel + of the United States or coalition forces; or + ``(4) pose an unacceptable national security risk.''. + (c) Inclusion of All Contracts.--Sections 841 and 842 of such Act +are further amended by striking ``covered contract'' each place it +appears and inserting ``contract''. + (d) Inclusion of All Combatant Commands.--Sections 841 and 842 of +such Act are further amended by striking ``covered combatant command'' +each place it appears and inserting ``combatant command''. + (e) Covered Person or Entity.--Section 843(6) of such Act is +amended to read as follows: + ``(6) Covered person or entity.--The term `covered person + or entity' means a person that is-- + ``(A) engaging in acts of violence against + personnel of the United States or coalition forces; + ``(B) providing financing, logistics, training, or + intelligence to a person described in subparagraph (A); + ``(C) engaging in foreign intelligence activities + against the United States or against coalition forces; + ``(D) engaging in transnational organized crime or + criminal activities; or + ``(E) engaging in other activities that present a + direct or indirect risk to the national security of the + United States or coalition forces.''. + (f) Delegation Authority of Combatant Commander.-- + (1) Use of designees.--Sections 841 and 842 of such Act are + further amended by striking ``specified deputies'' each place + it appears and inserting ``designee''. + (2) Removal of limitations on delegation.--Section 841 of + such Act is further amended by striking subsection (g). + (g) Authorities To Terminate, Void, and Restrict.--Section 841(c) +of such Act is further amended-- + (1) in paragraph (1)-- + (A) by inserting ``to a person or entity'' after + ``concerned''; and + (B) by striking ``the contract'' and all that + follows through the period at the end and inserting + ``the person or entity has been identified under the + program established under subsection (a).''; + (2) in paragraph (2), by striking ``has failed'' and all + that follows and inserting ``has been identified under the + program established under subsection (a).''; and + (3) in paragraph (3), by striking ``the contract'' and all + that follows through the period at the end and inserting ``the + contractor, or the recipient of the grant or cooperative + agreement, has been identified under the program established + under subsection (a).''. + (h) Contract Clause.--Section 841(d)(2)(B) of such Act is amended +by inserting ``and restrict future award to any contractor, or +recipient of a grant or cooperative agreement, that has been identified +under the program established under subsection (a)'' after ``subsection +(c)''. + (i) Participation of Secretary of State.--Section 841 of such Act +is further amended-- + (1) in subsection (a) in the matter preceding paragraph + (1), by striking ``in consultation with''; and + (2) in subsection (f)(1), by striking ``in consultation + with''. + (j) Sharing of Information on Supporters of the Enemy.--Section +841(h)(1) of such Act is further amended by striking ``may be +providing'' and all that follows through ``or entity'' and inserting +``have been identified under the program established under subsection +(a)''. + (k) Inapplicability to Certain Contracts, Grants, and Cooperative +Agreements.--Section 841(j) of such Act is amended by striking +``contracts, grants, and cooperative agreements'' and all that follows +through the period at the end and inserting ``a contract, grant, or +cooperative agreement that is performed entirely inside the United +States unless the recipient of such contract, grant, or cooperative +agreement is a foreign entity.''. + (l) Construction With Other Authorities.--Section 841 of such Act +is further amended-- + (1) in subsection (l), by striking ``Except as provided in + subsection (m), the'' and inserting ``The''; and + (2) by striking subsection (m). + (m) Additional Access to Records.--Section 842 of such Act is +further amended-- + (1) in subsection (a)-- + (A) in paragraph (1), by striking ``, except as + provided under subsection (c)(1),''; + (B) in paragraph (2), by striking ``ensure that + funds'' and all that follows through the period at the + end and inserting ``support the program established + under section 841(a).''; + (C) in paragraph (3), by striking ``that funds'' + and all that follows through the period at the end and + inserting ``that the examination of such records will + support the program established under section + 841(a).''; and + (D) by striking paragraph (4); and + (2) by striking subsection (c). + (n) Reports.--Subtitle E of title VIII of such Act (10 U.S.C. 2302 +note) is further amended-- + (1) in section 841(i)(1), in the matter preceding + subparagraph (A), by striking ``2016, 2017, and 2018'' and + inserting ``2016 through 2023''; and + (2) in section 842(b)(1), by striking ``2016, 2017, and + 2018'' and inserting ``2016 through 2023''. + (o) Technical and Conforming Amendments.-- + (1) Section heading.--The heading of section 841 of such + Act is amended by striking ``providing funds to'' and inserting + ``supporting''. + (2) Redesignations.--Section 841 of such Act is further + amended by redesignating subsections (h) through (l) and (n) + (as amended by subsections (a) through (n) of this section) as + subsections (g) through (l), respectively. + (3) Definitions.--Section 843 of such Act is amended by + striking paragraphs (2) through (5) and redesignating + paragraphs (6) through (9) as paragraphs (2) through (5), + respectively. + + Subtitle D--Small Business Matters + +SEC. 841. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF DEFENSE + MENTOR-PROTEGE PROGRAM. + + (a) Permanent Authorization.--Section 831 of the National Defense +Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. +2302 note) is amended by striking subsection (j). + (b) Office of Small Business Programs Oversight.--Section 831 of +the National Defense Authorization Act for Fiscal Year 1991 (Public Law +101-510; 10 U.S.C. 2302 note) is amended-- + (1) by redesignating subsection (n) as subsection (o); and + (2) by inserting after subsection (m) the following new + subsection: + ``(n) Establishment of Performance Goals and Periodic Reviews.--The +Office of Small Business Programs of the Department of Defense shall-- + ``(1) establish performance goals consistent with the + stated purpose of the Mentor-Protege Program and outcome-based + metrics to measure progress in meeting those goals; and + ``(2) submit to the congressional defense committees, not + later than February 1, 2020, a report on progress made toward + implementing these performance goals and metrics, based on + periodic reviews of the procedures used to approve mentor- + protege agreements.''. + (c) Modification of Disadvantaged Small Business Concern +Definition.--Subsection (o)(2) of the National Defense Authorization +Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as +redesignated by subsection (b)(1) of this section, is amended by +striking ``has less than half the size standard corresponding to its +primary North American Industry Classification System code'' and +inserting ``is not more than the size standard corresponding to its +primary North American Industry Classification System code''. + (d) Removal of Pilot Program References.--Section 831 of the +National Defense Authorization Act for Fiscal Year 1991 (Public Law +101-510; 10 U.S.C. 2302 note) is amended-- + (1) in the subsection heading for subsection (a), by + striking ``Pilot''; and + (2) by striking ``pilot'' each place it appears. + (e) Independent Report on Program Effectiveness.-- + (1) In general.--The Secretary of Defense shall direct the + Defense Business Board to submit to the congressional defense + committees a report evaluating the effectiveness of the Mentor- + Protege Program established under section 831 of the National + Defense Authorization Act for Fiscal Year 1991 (Public Law 101- + 510; 10 U.S.C. 2302 note), including recommendations for + improving the program in terms of performance metrics, forms of + assistance, and overall program effectiveness not later than + March 31, 2022. + (2) Congressional defense committees defined.--In this + subsection, the term ``congressional defense committees'' has + the meaning given that term in section 101(a)(16) of title 10, + United States Code. + +SEC. 842. MODIFICATION OF JUSTIFICATION AND APPROVAL REQUIREMENT FOR + CERTAIN DEPARTMENT OF DEFENSE CONTRACTS. + + (a) Modification of Justification and Approval Requirement.-- +Notwithstanding section 811 of the National Defense Authorization Act +for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2405)-- + (1) no justification and approval is required under such + section for a sole-source contract awarded by the Department of + Defense in a covered procurement for an amount not exceeding + $100,000,000; and + (2) for purposes of subsections (a)(2) and (c)(3)(A) of + such section, the appropriate official designated to approve + the justification for a sole-source contract awarded by the + Department of Defense in a covered procurement exceeding + $100,000,000 is the official designated in section + 2304(f)(1)(B)(ii) of title 10, United States Code. + (b) Guidance.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall issue guidance to +implement the authority under subsection (a). + (c) Comptroller General Review.-- + (1) Data tracking and collection.--The Department of + Defense shall track the use of the authority provided pursuant + to subsection (a) and make the data available to the + Comptroller General for purposes of the report required under + paragraph (2). + (2) Report.--Not later than February 1, 2022, the + Comptroller General of the United States shall submit a report + to the congressional defense committees on the use of the + authority provided pursuant to subsection (a) through the end + of fiscal year 2021. + + Subtitle E--Provisions Related to Software-Driven Capabilities + +SEC. 851. IMPROVED MANAGEMENT OF INFORMATION TECHNOLOGY AND CYBERSPACE + INVESTMENTS. + + (a) Improved Management.-- + (1) In general.--The Chief Information Officer of the + Department of Defense shall work with the Chief Data Officer of + the Department of Defense to optimize the Department's process + for accounting for, managing, and reporting its information + technology and cyberspace investments. The optimization should + include alternative methods of presenting budget justification + materials to the public and congressional staff to more + accurately communicate when, how, and with what frequency + capability is delivered to end users, in accordance with best + practices for managing and reporting on information technology + investments. + (2) Briefing.--Not later than February 3, 2020, the Chief + Information Officer of the Department of Defense shall brief + the congressional defense committees on the process + optimization undertaken pursuant to paragraph (1), including + any recommendations for legislation. + (b) Delivery of Information Technology Budget.--The Secretary of +Defense shall submit to the congressional defense committees the +Department of Defense budget request for information technology not +later than 15 days after the submittal to Congress of the budget of the +President for a fiscal year pursuant to section 1105 of title 31, +United States Code. + +SEC. 852. SPECIAL PATHWAYS FOR RAPID ACQUISITION OF SOFTWARE + APPLICATIONS AND UPGRADES. + + (a) Guidance Required.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense shall establish +guidance authorizing the use of special pathways for the rapid +acquisition of software applications and upgrades that are intended to +be fielded within one year. + (b) Software Acquisition Pathways.-- + (1) Use of proven technologies and solutions.--The guidance + required by subsection (a) shall provide for the use of proven + technologies and solutions to continuously engineer and deliver + capabilities in software. + (2) Objectives.--The objectives of using the acquisition + authority under this section shall be to begin the engineering + of new capabilities quickly, to demonstrate viability and + effectiveness of those capabilities in operation, and to + continue updating and delivering new capabilities iteratively + afterwards. + (3) Treatment not as acquisition program.--An acquisition + using the authority under this section shall not be treated as + an acquisition program for the purpose of section 2430 of title + 10, United States Code, or Department of Defense Directive + 5000.01 without the specific direction of the Under Secretary + of Defense for Acquisition and Sustainment or a Senior + Acquisition Executive. + (4) Pathways.--The guidance shall provide for the following + two rapid acquisition pathways: + (A) Applications.--The applications software + acquisition pathway shall provide for the use of rapid + development and implementation of applications and + other software and software improvements running on + commercial commodity hardware (including modified + hardware) operated by the Department of Defense. + (B) Embedded systems.--The embedded systems + software acquisition pathway shall provide for the + rapid development and insertion of upgrades and + improvements for software embedded in weapon systems + and other military-unique hardware systems. + (c) Expedited Process.-- + (1) In general.--The guidance required by subsection (a) + shall provide for a streamlined and coordinated requirements, + budget, and acquisition process that results in the rapid + fielding of software applications and software upgrades to + embedded systems in a period of not more than one year from the + time that the process is initiated. It shall also require the + collection of data on the version fielded and continuous + engagement with the users of that software, so as to enable + engineering and delivery of additional versions in periods of + not more than one year each. + (2) Expedited software requirements process.-- + (A) Inapplicability of existing guidance.--Software + acquisitions conducted under the authority of this + provision shall not be subject to the Joint + Capabilities Integration and Development System (JCIDS) + Manual and Department of Defense Directive 5000.01, + except to the extent specifically provided in the + guidance required under subsection (a) or by the Under + Secretary of Defense for Acquisition and Sustainment or + a Senior Acquisition Executive. + (B) Requirements.--The guidance required by + subsection (a) shall provide the following with respect + to requirements: + (i) Requirements for covered acquisitions + are developed on an iterative basis through + engagement with the user community, and the use + of user feedback in order to regularly define + and set priorities for software requirements + and evaluate the software capabilities + acquired. + (ii) The requirements process begins with + the identification of the warfighter or user + need, including the rationale for how these + software capabilities will support increased + lethality and efficiency, and the + identification of a relevant user community. + (iii) Initial contract requirements are + stated in the form of a summary-level list of + problems and shortcomings in existing software + systems and desired features or capabilities of + new or upgraded software systems. + (iv) Contract requirements are continuously + refined and set in priority order in an + evolutionary process through discussions with + users that may continue throughout the + development and implementation period. + (v) Issues related to lifecycle costs and + systems interoperability are continuously + considered. + (vi) Issues of logistics support in cases + where the software developer may stop + supporting the software system are addressed. + (vii) Rapid contracting procedures, to + include timeframes for award, contract types, + teaming, and options. + (viii) Execution processes, including + supporting development and test infrastructure, + automation and tools, data collection and + sharing, the role of developmental and + operational testing activities, and key + decisionmaking and oversight events, and + supporting processes and activities such as + independent costing activity, operational + demonstration, and performance metrics. + (ix) Administrative procedures, including + procedures related to the roles and + responsibilities of the implementing project or + product teams and supporting activities, team + selection and staffing process, oversight roles + and responsibilities, and appropriate + independent technology assessments, testing, + and cost estimation, including relevant + thresholds or designation criteria. + (x) Mechanisms and waivers designed to + ensure flexibility in the implementation of the + authority, including the use of other + transaction authority, broad agency + announcements, and other procedures. + + Subtitle F--Other Matters + +SEC. 861. NOTIFICATION OF NAVY PROCUREMENT PRODUCTION DISRUPTIONS. + + (a) In General.--Chapter 137 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 2339b. Notification of Navy procurement production disruptions + ``(a) Requirement for Contractor To Provide Notice of Delays.--The +Secretary of the Navy shall require prime contractors of any Navy +procurement program to report within 15 calendar days any stop work +order or other manufacturing disruption of 15 calendar days or more, by +the prime contractor or any sub-contractor, to the respective program +manager and Navy technical authority. + ``(b) Quarterly Reports.--The Secretary of the Navy shall submit to +the congressional defense committees not later than 15 calendar days +after the end of each quarter of a fiscal year a report listing all +notifications made pursuant to subsection (a) during the preceding +quarter.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 137 of title 10, United States Code, is amended by inserting +after the item relating to section 2339a the following new item: + +``2339b. Notification of Navy procurement production disruptions.''. + +SEC. 862. MODIFICATION TO ACQUISITION AUTHORITY OF THE COMMANDER OF THE + UNITED STATES CYBER COMMAND. + + Section 807 of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is amended by +inserting ``on new contract efforts'' after ``may not obligate or +expend more than $75,000,000''. + +SEC. 863. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE + UNMANNED AIRCRAFT SYSTEMS. + + (a) Prohibition on Agency Operation or Procurement.--The Secretary +of Defense may not operate or enter into or renew a contract for the +procurement of-- + (1) a covered unmanned aircraft system that-- + (A) is manufactured in a covered foreign country or + by an entity domiciled in a covered foreign country; + (B) uses flight controllers, radios, data + transmission devices, cameras, or gimbals manufactured + in a covered foreign country or by an entity domiciled + in a covered foreign country; + (C) uses a ground control system or operating + software developed in a covered foreign country or by + an entity domiciled in a covered foreign country; or + (D) uses network connectivity or data storage + located in or administered by an entity domiciled in a + covered foreign country; or + (2) a system manufactured in a covered foreign country or + by an entity domiciled in a covered foreign country for the + detection or identification of covered unmanned aircraft + systems. + (b) Exemption.--The Secretary of Defense is exempt from the +restriction under subsection (a) if the operation or procurement is for +the purposes of-- + (1) Counter-UAS surrogate testing and training; or + (2) intelligence, electronic warfare, and information + warfare operations, testing, analysis, and training. + (c) Waiver.--The Secretary of Defense may waive the restriction +under subsection (a) on a case by case basis by certifying in writing +to the congressional defense committees that the operation or +procurement is required in the national interest of the United States. + (d) Definitions.--In this section: + (1) Covered foreign country.--The term ``covered foreign + country'' means the People's Republic of China. + (2) Covered unmanned aircraft system.--The term ``covered + unmanned aircraft system'' means an unmanned aircraft system + and any related services and equipment. + +SEC. 864. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS + OPERATIONS WITH THE MADURO REGIME. + + (a) Prohibition.--Except as provided under subsections (c), (d), +and (e), the Department of Defense may not enter into a contract for +the procurement of goods or services with any person that has business +operations with an authority of the Government of Venezuela that is not +recognized as the legitimate Government of Venezuela by the United +States Government. + (b) Definitions.--In this section: + (1) Business operations.--The term ``business operations'' + means engaging in commerce in any form, including acquiring, + developing, maintaining, owning, selling, possessing, leasing, + or operating equipment, facilities, personnel, products, + services, personal property, real property, or any other + apparatus of business or commerce. + (2) Government of venezuela.--(A) The term ``Government of + Venezuela'' includes the government of any political + subdivision of Venezuela, and any agency or instrumentality of + the Government of Venezuela. + (B) For purposes of subparagraph (A), the term ``agency or + instrumentality of the Government of Venezuela'' means an + agency or instrumentality of a foreign state as defined in + section 1603(b) of title 28, United States Code, with each + reference in such section to ``a foreign state'' deemed to be a + reference to ``Venezuela''. + (3) Person.--The term ``person'' means-- + (A) a natural person, corporation, company, + business association, partnership, society, trust, or + any other nongovernmental entity, organization, or + group; + (B) any governmental entity or instrumentality of a + government, including a multilateral development + institution (as defined in section 1701(c)(3) of the + International Financial Institutions Act (22 U.S.C. + 262r(c)(3))); and + (C) any successor, subunit, parent entity, or + subsidiary of, or any entity under common ownership or + control with, any entity described in subparagraph (A) + or (B). + (c) Exceptions.-- + (1) In general.--The prohibition under subsection (a) does + not apply to a contract that the Secretary of Defense + determines-- + (A) is necessary-- + (i) for purposes of providing humanitarian + assistance to the people of Venezuela; + (ii) for purposes of providing disaster + relief and other urgent life-saving measures; + (iii) to carry out noncombatant + evacuations; or + (iv) to carry out stabilization activities; + or + (B) is vital to the national security interests of + the United States. + (2) Notification requirement.--The Secretary of Defense + shall notify the congressional defense committees of any + contract entered into on the basis of an exception provided for + under paragraph (1). + (d) Office of Foreign Assets Control Licenses.--The prohibition in +subsection (a) shall not apply to a person that has a valid license to +operate in Venezuela issued by the Office of Foreign Assets Control. + (e) American Diplomatic Mission in Venezuela.--The prohibition in +subsection (a) shall not apply to contracts related to the operation +and maintenance of the United States Government's consular offices and +diplomatic posts in Venezuela. + (f) Applicability.--This section shall apply with respect to any +contract entered into on or after the date of the enactment of this +section. + +SEC. 865. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON DEPARTMENT + OF DEFENSE EFFORTS TO COMBAT HUMAN TRAFFICKING THROUGH + PROCUREMENT PRACTICES. + + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the appropriate congressional committees a report on +Department of Defense efforts to combat human trafficking. + (b) Elements.--The report required under subsection (a) shall +evaluate-- + (1) the efforts of the Department of Defense to combat + human trafficking in its contracting and supply chain policy, + regulation, and practices, to include implementation of title + XVII of the National Defense Authorization Act for Fiscal Year + 2013 (Public Law 112-239; 126 Stat. 2092) and Executive Order + 13627 (77 Fed. Reg. 60029), as well as the nature and extent of + training for Department of Defense contract officers on how to + evaluate compliance plans, monitor contractor adherence to the + plans, and respond to reports of noncompliance; + (2) the role of the current trafficking in person's office + within the Department of Defense in helping the Department + address all forms of human trafficking, and what, if any, + improvements should be made to the office; + (3) the process used by contract officers to evaluate + compliance plans with regards to preventing human trafficking; + and + (4) how many instances of human trafficking have been + reported to the Inspector General of the Department of Defense + and the outcome of those cases. + (c) Appropriate Congressional Committees Defined.--In this section +, the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + the Judiciary of the Senate; and + (2) the Committee on Armed Services and the Committee on + the Judiciary of the House of Representatives. + + TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT + + Subtitle A--Office of the Secretary of Defense and Related Matters + +SEC. 901. HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF DEFENSE MATTERS. + + (a) Assessment and Reform of Enterprise Business Operations.-- +Subsection (b) of section 921 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. +2222 note) is amended to read as follows: + ``(b) Assessment and Reform of Enterprise Business Operations.-- + ``(1) Periodic assessments and actions.--Not later than + January 1, 2020, and not less frequently than once every five + years thereafter, the Secretary of Defense shall, acting + through the Chief Management Officer of the Department of + Defense-- + ``(A) assess enterprise business operations of the + Department of Defense across all organizations and + elements of the Department; and + ``(B) take or direct the taking of such actions as + will minimize the duplication of efforts and maximize + efficiency and effectiveness in mission execution. + ``(2) CMO reports.--Not later than January 1 of every fifth + calendar year beginning with January 1, 2025, the Chief + Management Officer shall submit to the congressional defense + committees a report that describes the assessments carried out + and the actions taken by the Chief Management Officer, and by + other officers or employees of the Department at the direction + of the Chief Management Office, under this subsection during + the preceding five years, including the following: + ``(A) A description of the metrics for performance + relating to minimization of duplication of efforts and + maximization of efficiency and effectiveness in mission + execution established for applicable organizations and + elements of the Department. + ``(B) A certification of any costs avoided or cost + savings achieved as a result of such assessments and + actions.''. + (b) Report on Military and Civilian Personnel for the NGB and +National Guard Joint Staff.--Not later than January 1, 2020, the +Secretary of Defense shall submit to the congressional defense +committees a report setting forth the following: + (1) The total number of members of the Armed Forces and + civilian employees of the Department of Defense assigned to the + Office of the Chief of the National Guard Bureau and the + National Guard Joint Staff. + (2) A recommendation for the total number of members and + employees required for the Office of the Chief of the National + Guard Bureau and the National Guard Joint Staff to execute the + missions and functions of the National Guard Bureau and the + National Guard Joint Staff. + (c) Repeal of Superseded Limitations.--The following provisions are +repealed: + (1) Section 601 of the Goldwater-Nichols Department of + Defense Reorganization Act of 1986 (10 U.S.C. 194 note). + (2) Section 1111 of the Duncan Hunter National Defense + Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 note). + (d) Modification of Limitations on Number of Personnel in OSD and +Other DoD Headquarters.-- + (1) OSD.--Section 143 of title 10, United States Code, is + amended-- + (A) in subsection (a), by striking ``3,767'' and + inserting ``4,000''; and + (B) in subsection (b), by striking ``, civilian, + and detailed personnel'' and inserting ``and civilian + personnel''. + (2) Joint staff.-- + (A) In general.--Section 155(h) of such title is + amended-- + (i) in paragraph (1), by striking ``2,069'' + and inserting ``2,250''; and + (ii) in paragraph (2), by striking + ``1,500'' and inserting ``1,600''. + (B) Effective date.--The amendments made by + subparagraph (A) shall take effect on December 31, + 2019, immediately after the coming into effect of the + amendment made by section 903(b) of the National + Defense Authorization Act for Fiscal Year 2017 (Public + Law 114-328; 130 Stat. 2344), to which such amendments + relate + (3) Office of secretary of the army.--Section 7014(f) of + title 10, United States Code, is amended-- + (A) in paragraph (1), by striking ``3,105'' and + inserting ``3,250''; and + (B) in paragraph (2), by striking ``1,865'' and + inserting ``1,900''. + (4) Office of secretary of the navy.--Section 8014(f) of + such title is amended-- + (A) in paragraph (1), by striking ``2,866'' and + inserting ``3,000''; and + (B) in paragraph (2), by striking ``1,720'' and + inserting ``1,800''. + (5) Office of secretary of the air force.--Section 9014(f) + of such title is amended-- + (A) in paragraph (1), by striking ``2,639'' and + inserting ``2,750''; and + (B) in paragraph (2), by striking ``1,585'' and + inserting ``1,650''. + (e) Sunset of Reduction in Funding for DoD Headquarters, +Administrative, and Support Activities.--Section 346 of the National +Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 111 note) is +amended by adding at the end the following new subsection: + ``(c) Sunset.--No action is required under this section with +respect to any fiscal year after fiscal year 2019.''. + +SEC. 902. RESPONSIBILITY OF UNDER SECRETARY OF DEFENSE FOR ACQUISITION + AND SUSTAINMENT FOR PROCUREMENT TECHNICAL ASSISTANCE + COOPERATIVE AGREEMENT PROGRAM. + + (a) In General.--Section 2411(3) of title 10, United States Code, +is amended by striking ``Secretary of Defense acting through the +Director of the Defense Logistics Agency'' and inserting ``Secretary of +Defense acting through the Under Secretary of Defense for Acquisition +and Sustainment''. + (b) Authority to Pay Administrative and Other Costs.--Section 2417 +of title 10, United States Code, is amended by striking ``Director of +the Defense Logistics Agency'' and inserting ``Under Secretary of +Defense for Acquisition and Sustainment''. + +SEC. 903. RETURN TO CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF + DEFENSE OF RESPONSIBILITY FOR BUSINESS SYSTEMS AND + RELATED MATTERS. + + (a) Return of Responsibility.-- + (1) In general.--Section 142(b)(1) of title 10, United + States Code, is amended by striking ``systems and'' each place + it appears in subparagraphs (A), (B), and (C). + (2) Conforming amendments to cmo authorities.--Section + 132a(b) of such title is amended-- + (A) in paragraph (2), by striking ``performance + measurement and management, and business information + technology management and improvement activities and + programs'' and inserting ``and performance measurement + and management activities and programs''; + (B) by striking paragraphs (4) and (5); and + (C) by redesignating paragraphs (6) and (7) as + paragraphs (4) and (5), respectively. + (b) Chief Data Officer Responsibility for DoD Data Sets.-- + (1) In general.--In addition to any other functions and + responsibilities specified in section 3520(c) of title 44, + United States, Code, the Chief Data Officer of the Department + of Defense shall also be the official in the Department of + Defense with principal responsibility for providing for the + availability of common, usable, Defense-wide data sets. + (2) Access to all dod data.--In order to carry out the + responsibility specified in paragraph (1), the Chief Data + Officer shall have access to all Department of Defense data, + including data in connection with warfighting missions and + back-office data. + (3) Responsible to cio.--The Chief Data Officer shall + report directly to the Chief Information Officer of the + Department of Defense in the performance of the responsibility + specified in paragraph (1). + (4) Report.--Not later than December 1, 2019, the Secretary + of Defense shall submit to the Committees on Armed Services of + the Senate and the House of Representatives a report setting + forth such recommendations for legislative or administrative + action as the Secretary considers appropriate to carry out this + subsection. + +SEC. 904. SENIOR MILITARY ADVISOR FOR CYBER POLICY AND DEPUTY PRINCIPAL + CYBER ADVISOR. + + (a) Advisor.-- + (1) In general.--The Under Secretary of Defense for Policy + shall, acting through the Joint Staff, designate an officer + within the Office of the Under Secretary of Defense for Policy + to serve within that Office as the Senior Military Advisor for + Cyber Policy, and concurrently, as the Deputy Principal Cyber + Advisor. + (2) Officers eligible for designation.--The officer + designated pursuant to this subsection shall be designated from + among commissioned regular officers of the Armed Forces in a + general or flag officer grade who are qualified for designation + (3) Grade.--The officer designated pursuant to this + subsection shall have the grade of major general or rear + admiral while serving in that position, without vacating the + officer's permanent grade. + (b) Scope of Positions.-- + (1) In general.--The officer designated pursuant to + subsection (a) is each of the following: + (A) The Senior Military Advisor for Cyber Policy to + the Under Secretary of Defense for Policy. + (B) The Deputy Principal Cyber Advisor to the Under + Secretary of Defense for Policy. + (2) Direction and control and reporting.--In carrying out + duties under this section, the officer designed pursuant to + subsection (a) shall be subject to the authority, direction, + and control of, and shall report directly to, the following: + (A) The Under Secretary with respect to Senior + Military Advisor for Cyber Policy duties. + (B) The Principal Cyber Advisor with respect to + Deputy Principal Cyber Advisor duties. + (c) Duties.-- + (1) Duties as senior military advisor for cyber policy.-- + The duties of the officer designated pursuant to subsection (a) + as Senior Military Advisor for Cyber Policy are as follows: + (A) To serve as the principal uniformed military + advisor on military cyber forces and activities to the + Under Secretary of Defense for Policy. + (B) To assess and advise the Under Secretary on + aspects of policy relating to military cyberspace + operations, resources, personnel, cyber force + readiness, cyber workforce development, and defense of + Department of Defense networks. + (C) To advocate, in consultation with the Joint + Staff, and senior officers of the Armed Forces and the + combatant commands, for consideration of military + issues within the Office of the Under Secretary of + Defense for Policy, including coordination and + synchronization of Department cyber forces and + activities. + (D) To maintain open lines of communication between + the Chief Information Officer of the Department of + Defense, senior civilian leaders within the Office of + the Under Secretary, and senior officers on the Joint + Staff, the Armed Forces, and the combatant commands on + cyber matters, and to ensure that military leaders are + informed on cyber policy decisions. + (2) Duties as deputy principal cyber advisor.--The duties + of the officer designated pursuant to subsection (a) as Deputy + Principal Cyber Advisor are as follows: + (A) To synchronize, coordinate, and oversee + implementation of the Cyber Strategy of the Department + of Defense and other relevant policy and planning. + (B) To advise the Secretary of Defense on cyber + programs, projects, and activities of the Department, + including with respect to policy, training, resources, + personnel, manpower, and acquisitions and technology. + (C) To oversee implementation of Department policy + and operational directives on cyber programs, projects, + and activities, including with respect to resources, + personnel, manpower, and acquisitions and technology. + (D) To assist in the overall supervision of + Department cyber activities relating to offensive + missions. + (E) To assist in the overall supervision of + Department defensive cyber operations, including + activities of component-level cybersecurity service + providers and the integration of such activities with + activities of the Cyber Mission Force. + (F) To advise senior leadership of the Department + on, and advocate for, investment in capabilities to + execute Department missions in and through cyberspace. + (G) To identify shortfalls in capabilities to + conduct Department missions in and through cyberspace, + and make recommendations on addressing such shortfalls + in the Program Budget Review process. + (H) To coordinate and consult with stakeholders in + the cyberspace domain across the Department in order to + identify other issues on cyberspace for the attention + of senior leadership of the Department. + (I) On behalf of the Principal Cyber Advisor, to + lead the cross-functional team established pursuant to + 932(c)(3) of the National Defense Authorization Act for + Fiscal Year 2014 (10 U.S.C. 2224 note) in order to + synchronize and coordinate military and civilian cyber + forces and activities of the Department. + +SEC. 905. LIMITATION ON TRANSFER OF STRATEGIC CAPABILITIES OFFICE. + + (a) Limitation.--The Under Secretary of Defense for Research and +Engineering may not transfer the Strategic Capabilities Office or +change the reporting structure of the Office, as in effect on the day +before the date of the enactment of this Act, until the Secretary of +Defense, acting through the Chief Management Officer and the Under +Secretary of Defense for Research and Engineering and in consultation +with the United States Indo-Pacific, Europe, and Special Operations +Command, submits the report required by subsection (b)(1). + (b) Report.-- + (1) In general.--The Secretary shall submit to the + congressional defense committees a report that evaluates the + following options for transferring the Office: + (A) Transferring the Office so that the Director of + the Office reports directly to the Under Secretary of + Defense for Acquisition and Sustainment. + (B) Maintaining the arrangement in effect on the + day before the date of the enactment of this Act such + that the Director continues to report to the Under + Secretary of Defense for Research and Engineering. + (C) Transferring the Office to the Defense Advanced + Research Projects Agency. + (D) Such other options as the Under Secretary may + identify. + (2) Contents.--The report submitted under paragraph (1) + shall include, for each option evaluated under such paragraph, + an evaluation of whether the option considered will provide + for-- + (A) responding to the critical needs of combatant + commanders; + (B) augmentation of cross-Department of Defense + efforts with respect to developing strategic + capabilities; + (C) developing new and innovative ways to counter + advanced threats; + (D) providing sound technical and program + management for activities of the Strategic Capabilities + Office; + (E) coordinating appropriately with other research + and technology development activities of the + Department; and + (F) partnering with and responding to senior + leadership across the Department. + +Subtitle B--Organization and Management of Other Department of Defense + Offices and Elements + +SEC. 911. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS FOR ENERGY, + INSTALLATIONS, AND ENVIRONMENT. + + (a) Assistant Secretary of the Army.--Section 7016(b) of title 10, +United States Code, is amended by adding at the end the following new +paragraph: + ``(6) One of the Assistant Secretaries shall be the Assistant +Secretary of the Army for Energy, Installations, and Environment.''. + (b) Assistant Secretary of the Navy.--Section 8016(b) of such title +is amended by adding at the end the following new paragraph: + ``(5) One of the Assistant Secretaries shall be the Assistant +Secretary of the Navy for Energy, Installations, and Environment.''. + (c) Assistant Secretary of the Air Force.--Section 9016(b) of such +title is amended by adding at the end the following new paragraph: + ``(5) One of the Assistant Secretaries shall be the Assistant +Secretary of the Air Force for Energy, Installations, and +Environment.''. + +SEC. 912. REPEAL OF CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE + DISPOSAL CORPS AS A BASIC BRANCH OF THE ARMY. + + Section 582 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1415) is repealed, and the +amendment otherwise provided for by subsection (a) of that section +shall not be made. + + Subtitle C--Other Matters + +SEC. 921. EXCLUSION FROM LIMITATIONS ON PERSONNEL IN THE OFFICE OF THE + SECRETARY OF DEFENSE AND DEPARTMENT OF DEFENSE + HEADQUARTERS OF FELLOWS APPOINTED UNDER THE JOHN S. + MCCAIN DEFENSE FELLOWS PROGRAM. + + Section 932(f)(3) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +1935; 10 U.S.C. prec. 1580 note) is amended by adding at the end the +following new sentence: ``An individual appointed pursuant to this +paragraph shall not count against the limitation on the number of +Office of the Secretary of Defense personnel in section 143 of title +10, United States Code, or any similar limitation in law on the number +of personnel in headquarters of the Department that would otherwise +apply to the office or headquarters to which appointed.''. + +SEC. 922. REPORT ON RESOURCES TO IMPLEMENT THE CIVILIAN CASUALTY POLICY + OF THE DEPARTMENT OF DEFENSE. + + Not later than 30 days after the date of the enactment of this Act, +the Secretary of Defense shall submit to the congressional defense +committees a report, in unclassified form, on the resources necessary +over the period of the future-years defense plan for fiscal year 2020 +under section 221 of title United States Code, to fulfill the +requirements of section 936 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232l 132 Stat. +1939; 10 U.S.C. 134 note) and fully implement policies developed as a +result of such section. + + TITLE X--GENERAL PROVISIONS + + Subtitle A--Financial Matters + +SEC. 1001. GENERAL TRANSFER AUTHORITY. + + (a) Authority To Transfer Authorizations.-- + (1) Authority.--Upon determination by the Secretary of + Defense that such action is necessary in the national interest, + the Secretary may transfer amounts of authorizations made + available to the Department of Defense in this division for + fiscal year 2020 between any such authorizations for that + fiscal year (or any subdivisions thereof). Amounts of + authorizations so transferred shall be merged with and be + available for the same purposes as the authorization to which + transferred. + (2) Limitation.--Except as provided in paragraph (3), the + total amount of authorizations that the Secretary may transfer + under the authority of this section may not exceed + $4,000,000,000. + (3) Exception for transfers between military personnel + authorizations.--A transfer of funds between military personnel + authorizations under title IV shall not be counted toward the + dollar limitation in paragraph (2). + (b) Limitations.--The authority provided by subsection (a) to +transfer authorizations-- + (1) may only be used to provide authority for items that + have a higher priority than the items from which authority is + transferred; and + (2) may not be used to provide authority for an item that + has been denied authorization by Congress. + (c) Effect on Authorization Amounts.--A transfer made from one +account to another under the authority of this section shall be deemed +to increase the amount authorized for the account to which the amount +is transferred by an amount equal to the amount transferred. + (d) Notice to Congress.--The Secretary shall promptly notify +Congress of each transfer made under subsection (a). + +SEC. 1002. MODIFICATION OF REQUIRED ELEMENTS OF ANNUAL REPORTS ON + EMERGENCY AND EXTRAORDINARY EXPENSES OF THE DEPARTMENT OF + DEFENSE. + + Paragraph (2) of section 127(d) of title 10, United States Code, is +amended to read as follows: + ``(2) Each report submitted under paragraph (1) shall include, for +each individual expenditure covered by such report in an amount in +excess of $20,000, the following: + ``(A) A detailed description of the purpose of such + expenditure. + ``(B) The amount of such expenditure. + ``(C) An identification of the approving authority for such + expenditure. + ``(D) A justification why other authorities available to + the Department could not be used for such expenditure. + ``(E) Any other matters the Secretary considers + appropriate.''. + +SEC. 1003. INCLUSION OF MILITARY CONSTRUCTION PROJECTS IN ANNUAL + REPORTS ON UNFUNDED PRIORITIES OF THE ARMED FORCES AND + THE COMBATANT COMMANDS. + + (a) Inclusion of Military Construction Projects Among Unfunded +Priorities.--Subsection (d) of section 222a of title 10, United States +Code, is amended in the matter preceding paragraph (1) by inserting ``, +including a military construction project,'' after ``program, activity, +or mission requirement''. + (b) Order of Urgency of Priority.--Paragraph (2) of subsection (c) +of such section is amended to read as follows: + ``(2) Prioritization of priorities.--Each report shall + present the unfunded priorities covered by such report as + follows: + ``(A) In overall order of urgency of priority. + ``(B) In overall order of urgency of priority among + unfunded priorities (other than military construction + projects). + ``(C) In overall order of urgency of priority among + military construction projects.''. + +SEC. 1004. PROHIBITION ON DELEGATION OF RESPONSIBILITY FOR SUBMITTAL TO + CONGRESS OF OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS + REQUIREMENTS AND OUT-YEAR INVENTORY NUMBERS. + + Section 222c of title 10, United States Code, is amended-- + (1) in subsection (a), by striking ``subsection (b)'' and + inserting ``subsection (c)''; + (2) by redesignating subsections (b), (c), and (d) as + subsections (c), (d), and (e), respectively; + (3) by inserting after subsection (a) the following new + subsection (b): + ``(b) Prohibition on Delegation of Submittal Responsibility.--The +responsibility of the chief of staff of an armed force in subsection +(a) to submit a report may not be delegated outside the armed force +concerned.''; and + (4) in subsection (c), as redesignated by paragraph (2), by + striking ``subsection (c)'' in paragraph (6) and inserting + ``subsection (d)''. + +SEC. 1005. ELEMENT IN ANNUAL REPORTS ON THE FINANCIAL IMPROVEMENT AND + AUDIT REMEDIATION PLAN ON ACTIVITIES WITH RESPECT TO + CLASSIFIED PROGRAMS. + + Section 240b(b)(1) of title 10, United States Code, is amended-- + (1) in subparagraph (B), by adding at the end the following + new clause: + ``(ix) A description of audit activities + and results for classified programs, including + a description of the use of procedures and + requirements to prevent unauthorized exposure + of classified information in such + activities.''; and + (2) in subparagraph (C)(i), by inserting ``or (ix)'' after + ``clause (vii)''. + +SEC. 1006. MODIFICATION OF SEMIANNUAL BRIEFINGS ON THE CONSOLIDATED + CORRECTIVE ACTION PLAN OF THE DEPARTMENT OF DEFENSE FOR + FINANCIAL MANAGEMENT INFORMATION. + + (a) In General.--Paragraph (2) of section 240b(b) of title 10, +United States Code, is amended to read as following: + ``(2) Semiannual briefings.-- + ``(A) In general.--Not later than February 28 and + September 30 each year, the Under Secretary of Defense + (Comptroller) and the comptrollers of the military + departments shall provide a briefing to the + congressional defense committees on the status of the + consolidated corrective action plan referred to in + paragraph (1)(B)(i) as of the end of the most recent + calendar half-year ending before such briefing. + ``(B) Elements.--Each briefing under subparagraph + (A) shall include the following: + ``(i) The absolute number, and the + percentage, of personnel performing the amount + of auditing or audit remediation services being + performed by professionals meeting the + qualifications described in section 240d(b) of + this title as of the last day of the calendar + half-year covered by such briefing. + ``(ii) With respect to each finding and + recommendation issued in connection with the + audit of the financial statements of a + department, agency, component, or other element + of the Department of Defense, or the Department + of Defense as a whole, that was received by the + Department during the calendar half-year + covered by such briefing, each of the + following: + ``(I) A description of the manner + in which the corrective action plan of + such department, agency, component, or + element and the corrective action plan + of the Department as a whole, or the + corrective action plan of the + Department as a whole (in the case of a + finding or recommendation regarding the + Department as a whole), has been + modified in order to incorporate such + finding or recommendation into such + plans or plan. + ``(II) An identification of the + processes, systems, procedures, and + technologies required to implement such + corrective action plans or plan, as so + modified. + ``(III) A determination of the + funds required to procure, obtain, or + otherwise implement each process, + system, and technology identified + pursuant to subclause (II). + ``(IV) An identification the manner + in which such corrective action plans + or plan, as so modified, support the + National Defense Strategy (NDS) of the + United States.''. + (b) Technical Amendment.--Paragraph (1)(B)(i) of such section is +amended by striking ``section 253a'' and inserting ``section 240c''. + (c) Effective Date.--The amendment made by subsection (a) shall +take effect on the date of the enactment of this Act, and shall apply +with respect to calender half-years that end on or after that date. + +SEC. 1007. UPDATE OF AUTHORITIES AND RENAMING OF DEPARTMENT OF DEFENSE + ACQUISITION WORKFORCE DEVELOPMENT FUND. + + (a) Renaming as Account.-- + (1) In general.--Section 1705 of title 10, United States + Code, is amended-- + (A) in subsection (a), by striking ``the + `Department of Defense Acquisition Workforce + Development Fund' (in this section referred to as the + `Fund')'' and inserting ``the `Department of Defense + Acquisition Workforce Development Account' (in this + section referred to as the `Account')''; and + (B) by striking ``Fund'' each place it appears + (other than subsection (e)(6)) and inserting + ``Account''. + (2) Conforming and clerical amendments.-- + (A) Section heading.--The heading of such section + is amended to read as follows: +``Sec. 1705. Department of Defense Acquisition Workforce Development + Account''. + (B) Clerical amendment.--The table of sections at + the beginning of subchapter I of chapter 87 of such + title is amended by striking the item relating to + section 1705 and inserting the following new item: + +``1705. Department of Defense Acquisition Workforce Development + Account.''. + (b) Management.--Such section is further amended by striking +``Under Secretary of Defense for Acquisition, Technology, and +Logistics'' each place it appears and inserting ``Under Secretary of +Defense for Acquisition and Sustainment''. + (c) Appropriations as Sole Elements of Account.--Subsection (d) of +such section is amended to read as follows: + ``(d) Elements.--The Account shall consist of amounts appropriated +to the Account by law.''. + (d) Availability of Amounts in Account.--Subsection (e)(6) of such +section is amended by striking ``credited to the Fund'' and all that +follows and inserting ``appropriated to the Account pursuant to +subsection (d) shall remain available for expenditure for the fiscal +year in which appropriated and the succeeding fiscal year.''. + (e) Effective Date.-- + (1) In general.--The amendments made by this section shall + take effect on October 1, 2019, and shall apply with respect to + fiscal years that begin on or after that date. + (2) Duration of availability of previously deposited + funds.--Nothing in the amendments made by this section shall + modify the duration of availability of amounts in the + Department of Defense Acquisition Workforce Development Fund + that were appropriated or credited to, or deposited, in the + Fund, before October 1, 2019, as provided for in section + 1705(e)(6) of title 10, United States Code, as in effect on the + day before such date. + + Subtitle B--Counterdrug Activities + +SEC. 1011. MODIFICATION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG + AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA. + + Section 1021(a)(1) of the Ronald W. Reagan National Defense +Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. +2042), as most recently amended by section 1011(1) of the National +Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 +Stat. 1545), is further amended by striking ``organizations designated +as'' and all that follows and inserting ``terrorist organizations or +other illegally armed groups that the Secretary of Defense, with the +concurrence of the Secretary of State, determines pose a threat to the +national security interests of the United States.''. + +SEC. 1012. TWO-YEAR EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO + PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING + COUNTER-TERRORISM ACTIVITIES. + + Section 1022(b) of the National Defense Authorization Act for +Fiscal Year 2004 (10 U.S.C. 271 note) is amended by striking ``2020'' +and inserting ``2022''. + + Subtitle C--Naval Vessels and Shipyards + +SEC. 1016. MODIFICATION OF AUTHORITY TO PURCHASE VESSELS USING FUNDS IN + NATIONAL DEFENSE SEALIFT FUND. + + (a) In General.--Section 2218(f)(3)(E) of title 10, United States +Code, is amended-- + (1) in clause (i), by striking ``ten new sealift vessels'' + and inserting ``ten new vessels that are sealift vessels, + auxiliary vessels, or a combination of such vessels''; and + (2) in clause (ii), by striking ``sealift''. + (b) Effective Date.--The amendments 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. + +SEC. 1017. SENIOR TECHNICAL AUTHORITY FOR EACH NAVAL VESSEL CLASS. + + (a) Senior Technical Authority for Each Class Required.--Chapter +863 of title 10, United States Code, is amended by inserting after +section 8669a the following new section: +``Sec. 8669b. Senior Technical Authority for each naval vessel class + ``(a) Senior Technical Authority.-- + ``(1) Designation for each vessel class required.--The + Secretary of the Navy shall designate, in writing, a Senior + Technical Authority for each class of naval vessels as follows: + ``(A) In the case of a class of vessels which has + received Milestone A approval, an approval to enter + into technology maturation and risk reduction, or an + approval to enter into a subsequent Department of + Defense or Department of the Navy acquisition phase as + of the date of the enactment of the National Defense + Authorization Act for Fiscal Year 2020, not later than + 30 days after such date of enactment. + ``(B) In the case of any class of vessels which has + not received any approval described in subparagraph (A) + as of such date of enactment, at or before the first of + such approvals. + ``(2) Prohibition on delegation.--The Secretary may not + delegate designations under paragraph (1). + ``(3) Individuals eligible for designation.--Each + individual designated as a Senior Technical Authority under + paragraph (1) shall be an employee of the Navy in the Senior + Executive Service in an organization of the Navy that-- + ``(A) possesses the technical expertise required to + carry out the responsibilities specified in subsection + (b); and + ``(B) operates independently of chains-of-command + for acquisition program management. + ``(4) Term.--Each Senior Technical Authority shall be + designated for a term, not fewer than six years, specified by + the Secretary at the time of designation. + ``(5) Removal.--An individual may be removed involuntarily + from designation as a Senior Technical Authority only by the + Secretary. Not later than 15 days after the involuntary removal + of an individual from designation as a Senior Technical + Authority, the Secretary shall notify, in writing, the + congressional defense committees of the removal, including the + reasons for the removal. + ``(b) Responsibilities and Authority.--Each Senior Technical +Authority shall be responsible for, and have the authority to, +establish, monitor, and approve technical standards, tools, and +processes for the class of naval vessels for which designated under +this section in conformance with applicable Department of Defense and +Department of the Navy policies, requirements, architectures, and +standards. + ``(c) Limitation on Obligation of Funds on Lead Vessel in Vessel +Class.-- + ``(1) In general.--On or after October 1, 2020, funds + authorized to be appropriated for Shipbuilding and Conversion, + Navy or Other Procurement, Navy may not be obligated for the + first time on the lead vessel in a class of naval vessels + unless the Secretary of the Navy certifies as described in + paragraph (2). + ``(2) Certification elements.--The certification on a class + of naval vessels described in this paragraph is a certification + containing each of the following: + ``(A) The name of the individual designated as the + Senior Technical Authority for such class of vessels, + and the qualifications and professional biography of + the individual so designated. + ``(B) A description by the Senior Technical + Authority of the systems engineering, technology, and + ship integration risks for such class of vessels. + ``(C) The designation by the Senior Technical + Authority of each critical hull, mechanical, + electrical, propulsion, and combat system of such class + of vessels, including systems relating to power + generation, power distribution, and key operational + mission areas. + ``(D) The date on which the Senior Technical + Authority approved the systems engineering, engineering + development, and land-based engineering and testing + plans for such class of vessels. + ``(E) A description by the Senior Technical + Authority of the key technical knowledge objectives and + demonstrated system performance of each plan approved + as described in subparagraph (D). + ``(F) A determination by the Senior Technical + Authority that such plans are sufficient to achieve + thorough technical knowledge of critical systems of + such class of vessels before the start of detail design + and construction. + ``(G) A determination by the Senior Technical + Authority that actual execution of activities in + support of such plans as of the date of the + certification have been and continue to be effective + and supportive of the acquisition schedule for such + class of vessels. + ``(H) A description by the Senior Technical + Authority of other technology maturation and risk + reduction efforts not included in such plans for such + class of vessels taken as of the date of the + certification. + ``(I) A certification by the Senior Technical + Authority that each critical system covered by + subparagraph (C) has been demonstrated through testing + of a prototype or identical component in its final + form, fit, and function in a realistic environment. + ``(J) A determination by the Secretary that the + plans approved as described in subparagraph (D) are + fully funded and will be fully funded in the future- + years defense program for the fiscal year beginning in + the year in which the certification is submitted. + ``(K) A determination by the Secretary that the + Senior Technical Authority will approve, in writing, + the ship specification for such class of vessels before + the request for proposals for detail design, + construction, or both, as applicable, is released. + ``(3) Deadline for submittal of certification.--The + certification required by this subsection with respect to a + class of naval vessels shall be submitted, in writing, to the + congressional defense committees not fewer than 30 days before + the Secretary obligates for the first time funds authorized to + be appropriated for Shipbuilding and Conversion, Navy or Other + Procurement, Navy for the lead vessel in such class of naval + vessels. + ``(d) Definitions.--In this section: + ``(1) The term `class of naval vessels'-- + ``(A) means any group of similar undersea or + surface craft procured with Shipbuilding and + Conversion, Navy or Other Procurement, Navy funds, + including manned, unmanned, and optionally-manned + craft; and + ``(B) includes-- + ``(i) a substantially new class of craft + (including craft procured using `new start' + procurement); and + ``(ii) a class of craft undergoing a + significant incremental change in its existing + class (such as a next `flight' of destroyers or + next `block' of attack submarines). + ``(2) The term `future-years defense program' has the + meaning given that term in section 221 of this title. + ``(3) The term `Milestone A approval' has the meaning given + that term in section 2431a of this title.'' + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 863 of such title is amended by inserting after the item +relating to section 8669a the following new item: + +``8669b. Senior Technical Authority for each naval vessel class.''. + +SEC. 1018. PERMANENT AUTHORITY FOR SUSTAINING OPERATIONAL READINESS OF + LITTORAL COMBAT SHIPS ON EXTENDED DEPLOYMENT. + + Section 8680(a)(2) of title 10, United States Code, is amended by +striking subparagraph (D). + + Subtitle D--Counterterrorism + +SEC. 1021. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR + RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL + STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES. + + Section 1033 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking +``December 31, 2019'' and inserting ``December 31, 2020''. + +SEC. 1022. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR + MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES + TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO + BAY, CUBA. + + Section 1034(a) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended +by striking ``December 31, 2019'' and inserting ``December 31, 2020''. + +SEC. 1023. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR + RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL + STATION, GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES. + + Section 1035 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2018 (Public Law 115-232) is amended by striking +``December 31, 2019'' and inserting ``December 31, 2020''. + +SEC. 1024. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR + RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, + GUANTANAMO BAY, CUBA. + + Section 1036 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1551), as amended by section +1032 of the John S. McCain National Defense Authorization Act for +Fiscal Year 2019 (Public Law 115-232), is further amended by striking +``or 2019'' and inserting ``, 2019, or 2020''. + +SEC. 1025. AUTHORITY TO TRANSFER INDIVIDUALS DETAINED AT UNITED STATES + NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES + TEMPORARILY FOR EMERGENCY OR CRITICAL MEDICAL TREATMENT. + + (a) Temporary Transfer for Medical Treatment.--Notwithstanding +section 1033 of the John S. McCain National Defense Authorization Act +for Fiscal Year 2019 (Public Law 115-232), or any similar provision of +law enacted after September 30, 2015, the Secretary of Defense may, +after consultation with the Secretary of Homeland Security, temporarily +transfer an individual detained at Guantanamo to a Department of +Defense medical facility in the United States for the sole purpose of +providing the individual medical treatment if the Secretary of Defense +determines that-- + (1) the medical treatment of the individual is necessary to + prevent death or imminent significant injury or harm to the + health of the individual; + (2) the necessary medical treatment is not available to be + provided at United States Naval Station, Guantanamo Bay, Cuba, + without incurring excessive and unreasonable costs; and + (3) the Department of Defense has provided for appropriate + security measures for the custody and control of the individual + during any period in which the individual is temporarily in the + United States under this section. + (b) Limitation on Exercise of Authority.--The authority of the +Secretary of Defense under subsection (a) may be exercised only by the +Secretary of Defense or another official of the Department of Defense +at the level of Under Secretary of Defense or higher. + (c) Conditions of Transfer.--An individual who is temporarily +transferred under the authority in subsection (a) shall-- + (1) while in the United States, remain in the custody and + control of the Secretary of Defense at all times; and + (2) be returned to United States Naval Station, Guantanamo + Bay, Cuba, as soon as feasible after a Department of Defense + physician determines, in consultation with the Commander, Joint + Task Force-Guantanamo Bay, Cuba, that any necessary follow-up + medical care may reasonably be provided the individual at + United States Naval Station, Guantanamo Bay. + (d) Status While in United States.--An individual who is +temporarily transferred under the authority in subsection (a), while in +the United States-- + (1) shall be deemed at all times and in all respects to be + in the uninterrupted custody of the Secretary of Defense, as + though the individual remained physically at United States + Naval Station, Guantanamo Bay, Cuba; + (2) shall not at any time be subject to, and may not apply + for or obtain, or be deemed to enjoy, any right, privilege, + status, benefit, or eligibility for any benefit under any + provision of the immigration laws (as defined in section + 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. + 1101(a)(17)), or any other law or regulation; + (3) shall not be permitted to avail himself of any right, + privilege, or benefit of any law of the United States beyond + those available to individuals detained at United States Naval + Station, Guantanamo Bay; and + (4) shall not, as a result of such transfer, have a change + in any designation that may have attached to that detainee + while detained at United States Naval Station, Guantanamo Bay, + pursuant to the Authorization for Use of Military Force (Public + Law 107-40), as determined in accordance with applicable law + and regulations. + (e) No Cause of Action.--Any decision to transfer or not to +transfer an individual made under the authority in subsection (a) shall +not give rise to any claim or cause of action. + (f) Limitation on Judicial Review.-- + (1) Limitation.--Except as provided in paragraph (2), no + court, justice, or judge shall have jurisdiction to hear or + consider any claim or action against the United States or its + departments, agencies, officers, employees, or agents arising + from or relating to any aspect of the detention, transfer, + treatment, or conditions of confinement of an individual + transferred under this section. + (2) Exception for habeas corpus.--The United States + District Court for the District of Columbia shall have + exclusive jurisdiction to consider an application for writ of + habeas corpus seeking release from custody filed by or on + behalf of an individual who is in the United States pursuant to + a temporary transfer under the authority in subsection (a). + Such jurisdiction shall be limited to that required by the + Constitution, and relief shall be only as provided in paragraph + (3). In such a proceeding the court may not review, halt, or + stay the return of the individual who is the object of the + application to United States Naval Station, Guantanamo Bay, + Cuba, pursuant to subsection (c). + (3) Relief.--A court order in a proceeding covered by + paragraph (2)-- + (A) may not order the release of the individual + within the United States; and + (B) shall be limited to an order of release from + custody which, when final, the Secretary of Defense + shall implement in accordance with section 1034 of the + National Defense Authorization Act for Fiscal Year 2016 + (10 U.S.C. 801 note). + (g) Notification.--Whenever a temporary transfer of an individual +detained at Guantanamo is made under the authority of subsection (a), +the Secretary of Defense shall notify the Committees on Armed Services +of the Senate and the House of Representatives of the transfer not +later than five days after the date on which the transfer is made. + (h) Individual Detained at Guantanamo Defined.--In this section, +the term ``individual detained at Guantanamo'' means an individual +located at United States Naval Station, Guantanamo Bay, Cuba, as of +October 1, 2009, who-- + (1) is not a national of the United States (as defined in + section 101(a)(22) of the Immigration and Nationality Act (8 + U.S.C. 1101(a)(22)) or a member of the Armed Forces of the + United States; and + (2) is-- + (A) in the custody or under the control of the + Department of Defense; or + (B) otherwise detained at United States Naval + Station, Guantanamo Bay. + (i) Applicability.--This section shall apply to an individual +temporarily transferred under the authority in subsection (a) +regardless of the status of any pending or completed proceeding or +detention on the date of the enactment of this Act. + +SEC. 1026. CHIEF MEDICAL OFFICER AT UNITED STATES NAVAL STATION, + GUANTANAMO BAY, CUBA. + + (a) Chief Medical Officer.-- + (1) In general.--There shall be at United States Naval + Station, Guantanamo Bay, Cuba, a Chief Medical Officer of + United States Naval Station, Guantanamo Bay (in this section + referred to as the ``Chief Medical Officer''). + (2) Grade.--The individual serving as Chief Medical Officer + shall be an officer of the Armed Forces who holds a grade not + below the grade of colonel, or captain in the Navy. + (3) Chain of command.--The Chief Medical Officer shall + report to the Assistant Secretary of Defense for Health Affairs + in the performance of duties and the exercise of powers of the + Chief Medical Officer under this section. + (b) Duties.-- + (1) In general.--The Chief Medical Officer shall oversee + the provision of medical care to individuals detained at + Guantanamo. + (2) Quality of care.--The Chief Medical Officer shall + ensure that medical care provided as described in paragraph (1) + meets applicable standards of care. + (c) Powers.-- + (1) In general.--The Chief Medical Officer shall make + medical determinations relating to medical care for individuals + detained at Guantanamo, including-- + (A) decisions regarding assessment, diagnosis, and + treatment; and + (B) determinations concerning medical + accommodations to living conditions and operating + procedures for detention facilities. + (2) Resolution of declination to follow determinations.--If + the commander of Joint Task Force Guantanamo declines to follow + a determination of the Chief Medical Officer under paragraph + (1), the matter covered by such determination shall be jointly + resolved by the Assistant Secretary of Defense for Special + Operations and Low Intensity Conflict and the Assistant + Secretary of Defense for Health Affairs not later than seven + days after receipt of notification of the matter by either + Assistant Secretary. + (3) Security clearances.--The appropriate departments or + agencies of the Federal Government shall, to the extent + practicable in accordance with existing procedures and + requirements, process expeditiously any application and + adjudication for a security clearance required by the Chief + Medical Officer to carry out the Chief Medical Officer's duties + and powers under this section. + (d) Access to Individuals, Information, and Assistance.-- + (1) In general.--The Chief Medical Officer may secure + directly from the Department of Defense access to any + individual, information, or assistance that the Chief Medical + Officer considers necessary to enable the Chief Medical Officer + to carry out this section, including full access to the + following: + (A) Any individual detained at Guantanamo. + (B) Any medical records of any individual detained + at Guantanamo. + (C) Medical professionals of the Department who are + working, or have worked, at United States Naval + Station, Guantanamo Bay. + (2) Access upon request.--Upon request of the Chief Medical + Officer, the Department shall make available to the Chief + Medical Officer on an expeditious basis access to individuals, + information, and assistance as described in paragraph (1). + (3) Lack of expeditious availability.--If access to + individuals, information, or assistance is not made available + to the Chief Medical Officer upon request on an expeditious + basis as required by paragraph (2), the Chief Medical Officer + shall notify the Assistant Secretary of Defense for Health + Affairs, who shall take actions to resolve the matter + expeditiously. + (e) Definitions.--In this section: + (1) Individual detained at guantanamo defined.--The term + ``individual detained at Guantanamo'' means an individual + located at United States Naval Station, Guantanamo Bay, Cuba, + as of October 1, 2009, who-- + (A) is not a national of the United States (as + defined in section 101(a)(22) of the Immigration and + Nationality Act (8 U.S.C. 1101(a)(22)) or a member of + the Armed Forces of the United States; and + (B) is-- + (i) in the custody or under the control of + the Department of Defense; or + (ii) otherwise detained at United States + Naval Station, Guantanamo Bay. + (2) Medical care.--The term ``medical care'' means physical + and mental health care. + (3) Standard of care.--The term ``standard of care'' means + evaluation and treatment that is accepted by medical experts + and reflected in peer-reviewed medical literature as the + appropriate medical approach for a condition, symptoms, + illness, or disease and that is widely used by healthcare + professionals. + + Subtitle E--Miscellaneous Authorities and Limitations + +SEC. 1031. CLARIFICATION OF AUTHORITY OF MILITARY COMMISSIONS UNDER + CHAPTER 47A OF TITLE 10, UNITED STATES CODE, TO PUNISH + CONTEMPT. + + (a) Clarification.-- + (1) In general.--Subchapter IV of chapter 47A of title 10, + United States Code, is amended by adding at the end the + following new section: +``Sec. 949o-1. Contempt + ``(a) Authority to Punish.--(1) With respect to any proceeding +under this chapter, a judicial officer specified in paragraph (2) may +punish for contempt any person who-- + ``(A) uses any menacing word, sign, or gesture in the + presence of the judicial officer during the proceeding; + ``(B) disturbs the proceeding by any riot or disorder; or + ``(C) willfully disobeys a lawful writ, process, order, + rule, decree, or command issued with respect to the proceeding. + ``(2) A judicial officer referred to in paragraph (1) is any of the +following: + ``(A) Any judge of the United States Court of Military + Commission Review. + ``(B) Any military judge detailed to a military commission + or any other proceeding under this chapter. + ``(b) Punishment.--The punishment for contempt under subsection (a) +may not exceed confinement for 30 days, a fine of $1,000, or both. + ``(c) Review.--(1) A punishment under this section-- + ``(A) is not reviewable by the convening authority of a + military commission under this chapter; + ``(B) if imposed by a military judge, shall constitute a + judgment, subject to review in the first instance only by the + United States Court of Military Commission Review and then only + by the United States Court of Appeals for the District of + Columbia Circuit; and + ``(C) if imposed by a judge of the United States Court of + Military Commission Review, shall constitute a judgment of the + court subject to review only by the United States Court of + Appeals for the District of Columbia Circuit. + ``(2) In reviewing a punishment for contempt imposed under this +section, the reviewing court shall affirm such punishment unless the +court finds that imposing such punishment was an abuse of the +discretion of the judicial officer who imposed such punishment. + ``(3) A petition for review of punishment for contempt imposed +under this section shall be filed not later than 60 days after the date +on which the authenticated record upon which the contempt punishment is +based and any contempt proceedings conducted by the judicial officer +are served on the person punished for contempt. + ``(d) Punishment Not Conviction.--Punishment for contempt is not a +conviction or sentence within the meaning of section 949m of this +title. The imposition of punishment for contempt is not governed by +other provisions of this chapter applicable to military commissions, +except that the Secretary of Defense may prescribe procedures for +contempt proceedings and punishments, pursuant to the authority +provided in section 949a of this title.''. + (2) Clerical amendment.--The table of sections at the + beginning of subchapter IV of such chapter is amended by adding + at the end the following new item: + +``949o-1. Contempt.''. + (b) Conforming Amendments.--Section 950t of title 10, United States +Code, is amended-- + (1) by striking paragraph (31); and + (2) by redesignating paragraph (32) as paragraph (31). + (c) Rule of Construction.--The amendments made by subsections (a) +and (b) shall not be construed to affect the lawfulness of any +punishment for contempt adjudged prior to the effective date of such +amendments. + (d) Applicability.--The amendments made by subsections (a) and (b) +shall take effect on the date of the enactment of this Act, and shall +apply with respect to conduct by a person that occurs on or after such +date. + +SEC. 1032. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON COLLECTIVE + SELF-DEFENSE. + + (a) Comprehensive Policy Required.--The Secretary of Defense shall +prescribe a comprehensive written policy for the Department of Defense +on the issuance of authorization for, and the provision by members and +units of the United States Armed Forces of, collective self-defense to +designated foreign nationals, their facilities, and their property. + (b) Elements.--The policy required by subsection (a) shall address +the following: + (1) Each basis under domestic and international law + pursuant to which a member or unit of the United States Armed + Forces has been or may be authorized to provide collective + self-defense to designated foreign nationals, their facilities, + or their property under each circumstance as follows: + (A) Inside an area of active hostilities, or in a + country or territory in which United States forces are + authorized to conduct or support direct action + operations. + (B) Outside an area of active hostilities, or in a + country or territory in which United States forces are + not authorized to conduct direct action military + operations. + (C) When United States personnel, facilities, or + equipment are not threatened, including both as + described in subparagraph (A) and as described in + subparagraph (B). + (D) When members of the United States Armed Forces + are not participating in a military operation as part + of an international coalition. + (E) Any other circumstance not encompassed by + subparagraphs (A) through (D) in which a member or unit + of the United States Armed Forces has been or may be + authorized to provide such collective self-defense. + (2) A list and explanation of any limitations imposed by + law or policy on the provision of collective self-defense to + designated foreign nationals, their facilities, and their + property under any of the bases in domestic or international + law in the circumstances enumerated in paragraph (1), and the + conditions under which any such limitation applies. + (3) The procedure by which a proposal that any member or + unit of the United States Armed Forces provide collective self- + defense in support of designated foreign nationals, their + facilities, and their property is to be submitted, processed, + and endorsed through offices, officers, and officials of the + Department to the applicable approval authority for final + decision, and a list of any information, advice, or opinion to + be included with such proposal in order to inform appropriate + action on such proposal by such approval authority. + (4) The title and duty position of any officers and + officials of the Department empowered to render a final + decision on a proposal described in paragraph (3), and the + conditions applicable to, and limitations on, the exercise of + such decisionmaking authority by each such officer or official. + (5) A description of the Rules of Engagement applicable to + the provision of collective self-defense to designated foreign + nationals, their facilities, and their property under any of + the bases in domestic or international law in the circumstances + enumerated in paragraph (1), and the conditions under which any + such Rules of Engagement would be modified. + (6) A description of the process through which policy + guidance pertaining to the authorization for, and the provision + by members of the United States Armed Forces of, collective + self-defense to designated foreign nationals, their facilities, + and their property is to be disseminated to the level of + tactical execution. + (7) Such other matters as the Secretary considers + appropriate. + (c) Report on Policy.-- + (1) In general.--Not later than 60 days after the date of + the enactment of this Act, the Secretary shall submit to the + congressional defense committees a report setting forth the + policy required by subsection (a). + (2) DoD general counsel statement.--The Secretary shall + include in the report under paragraph (1) a statement by the + General Counsel of the Department of Defense as to whether the + policy prescribed pursuant to subsection (a) is consistent with + domestic and international law. + (3) Form.--The report required by paragraph (1) may be + submitted in classified form. + (d) Briefing on Policy.--Not later than 30 days after the date of +the submittal of the report required by subsection (c), the Secretary +shall provide the congressional defense committees a classified +briefing on the policy prescribed pursuant to subsection (a). The +briefing shall make use of vignettes designated to illustrate real +world application of the policy in each the circumstances enumerated in +subsection (b)(1). + +SEC. 1033. OVERSIGHT OF DEPARTMENT OF DEFENSE EXECUTE ORDERS. + + (a) Review of Execute Orders.--Upon a written request by the +Chairman or Ranking Member of a congressional defense committee, the +Secretary of Defense shall provide the committee, including +appropriately designated staff of the committee, with an execute order +approved by the Secretary or the commander of a combatant command for +reveiw within 30 days of receiving the written request. + (b) Exception.-- + (1) In general.--In extraordinary circumstances necessary + to protect operations security, the sensitivity of the execute + order, or other appropriate considerations, the Secretary may + limit review of an execute order. + (2) Summary and other information.--In extraordinary + circumstances described in paragraph (1) with respect to an + execute order, the Secretary shall provide the committee + concerned, including appropriately designated staff of the + committee, a detailed summary of the execute order and other + information necessary for the conduct of the oversight duties + of the committee within 30 days of receiving the written + request under subsection (a). + +SEC. 1034. PROHIBITION ON OWNERSHIP OR TRADING OF STOCKS IN CERTAIN + COMPANIES BY DEPARTMENT OF DEFENSE OFFICERS AND + EMPLOYEES. + + (a) Prohibition on Ownership and Trading by Certain Senior +Officials.-- + (1) Prohibition.--An official of the Department of Defense + described in paragraph (2) may not own or trade a publicly + traded stock of a company if, during the preceding calendar + year, the company received more than $1,000,000,000 in revenue + from the Department of Defense, including through one or more + contracts with the Department. + (2) Department of defense officials.--An official of the + Department of Defense described in this paragraph is any + current Department of Defense official described by section + 847(c) of the National Defense Authorization Act for Fiscal + Year 2008 (10 U.S.C. 1701 note). + (3) Administrative actions.--In the event that an official + of the Department of Defense described in subsection (a) + knowingly fails to comply with the requirements of this + subsection, the Secretary of Defense may take administrative + action against the official, including suspension or + termination, in accordance with the procedures otherwise + applicable to administrative actions against such officials. + (b) Prohibition on Ownership and Trading by All Officers and +Employees.--An officer or employee of the Department of Defense may not +own or trade a publicly traded stock of a company that is a contractor +or subcontractor of the Department if the Office of Standards and +Compliance of the Office of the General Counsel of the Department of +Defense determines that the value of the stock may be directly or +indirectly influenced by any official action of the officer or employee +for the Department. + (c) Inapplicability to Mutual Funds.--For purposes of this section, +publically-traded stock does not include a widely-held investment fund +described in section 102(f)(8) of the Ethics in Government Act of 1978 +(5 U.S.C. App.). + +SEC. 1035. POLICY REGARDING THE TRANSITION OF DATA AND APPLICATIONS TO + THE CLOUD. + + (a) Policy Required.--Not later than 180 days after the date of the +enactment of this Act, the Chief Information Officer of the Department +of Defense and the Chief Data Officer of the Department shall, in +consultation with the J6 of the Joint Staff and the Chief Management +Officer, develop and issue enterprise-wide policy and implementing +instructions regarding the transition of data and applications to the +cloud under the Department cloud strategy in accordance with subsection +(b). + (b) Design.--The policy required by subsection (a) shall be +designed to dramatically improve support to operational missions and +management processes, including by the use of artificial intelligence +and machine learning technologies, by-- + (1) making the data of the Department available to support + new types of analyses; + (2) preventing, to the maximum extent practicable, the + replication in the cloud of data stores that cannot readily be + accessed by applications for which the data stores were not + originally engineered; + (3) ensuring that data sets can be readily discovered and + combined with others to enable new insights and capabilities; + and + (4) ensuring that data and applications are readily + portable and not tightly coupled to a specific cloud + infrastructure or platform. + +SEC. 1036. MODERNIZATION OF INSPECTION AUTHORITIES APPLICABLE TO THE + NATIONAL GUARD AND EXTENSION OF INSPECTION AUTHORITY TO + THE CHIEF OF THE NATIONAL GUARD BUREAU. + + (a) Modernization of Inspection Authorities of Secretaries of the +Army and Air Force.--Subsection (a) of section 105 of title 32, United +States Code, is amended-- + (1) in the matter preceding paragraph (1)-- + (A) by striking ``by him, the Secretary of the Army + shall have'' and inserting ``by such Secretary, the + Secretary of the Army and the Secretary of the Air + Force shall each have''; + (B) by striking ``, if necessary,''; and + (C) by striking ``the Regular Army'' and inserting + ``the Regular Army or the Regular Air Force''; + (2) by striking ``Army National Guard'' each place it + appears and inserting ``Army National Guard or Air National + Guard''; and + (3) by striking the flush matter following paragraph (7). + (b) Inspection Authority of Chief of the National Guard Bureau.-- +Such section is further amended by adding at the end the following new +subsection: + ``(c) Under regulations prescribed by the Chief of the National +Guard Bureau, the Chief of the National Guard Bureau may have an +inspection made by inspectors general, or by commissioned officers of +the Army National Guard of the United States or the Air National Guard +of the United States detailed for that purpose, in order to determine +the following: + ``(1) Whether the units and members of the Army National + Guard comply with Federal law and policy applicable to the + National Guard, including policies issued by the Department of + Defense, the Department of the Army, and the National Guard + Bureau. + ``(2) Whether the units and members of the Air National + Guard comply with Federal law and policy applicable to the + National Guard, including policies issued by the Department of + Defense, the Department of the Air Force, and the National + Guard Bureau.''. + +SEC. 1037. ENHANCEMENT OF AUTHORITIES ON FORFEITURE OF FEDERAL BENEFITS + BY THE NATIONAL GUARD. + + (a) In General.--The text of section 108 of title 32, United States +Code, is amended to read as follows: + ``(a) Availability of Funds Contingent on Compliance With Federal +Law and Policy.--The availability of Federal funds provided to the +National Guard of individual States is contingent upon compliance with +Federal law and policy applicable to the National Guard. + ``(b) Bar of States for Failure To Comply.--If, within a time fixed +by the President, a State fails to comply with Federal law or policy +applicable to the National Guard, a requirement of this title, or a +regulation prescribed under this title, the National Guard of that +State is barred, in whole or in part (as the President may prescribe), +from receiving such money or other aid, benefit, or privilege +authorized by law with respect to the National Guard of that State as +the President may prescribe. + ``(c) Bar or Withdrawal of Recognition of Officers for Failure To +Comply.--If, within a time fixed by the President, an officer of the +National Guard fails to comply with Federal law or policy applicable to +the National Guard, the President may bar the officer from receiving +Federal funds, or withdraw the officer's Federal recognition under +section 323 of this title. + ``(d) Bar or Withdrawal of Recognition of Units for Failure To +Comply.--If, within a time fixed by the President, a unit of the +National Guard fails to comply with Federal law or policy applicable to +the National Guard, the President may bar the unit from receiving +Federal funds, or withdraw the unit's Federal recognition. + ``(e) Advance Notice to Congress on Final Actions.--Before taking a +final action under subsection (c) or (d), President shall notify the +Committees on Armed Services of the Senate and the House of +Representatives of such final action. + ``(f) Limitation on Delegation of Final Actions.--The President may +not delegate the authority to take a final action under subsection (c) +or (d) to any official other than the Secretary of Defense.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on October 1, 2019, and shall apply with respect to amounts +authorized to be appropriated for fiscal years that begin on or after +that date. + +SEC. 1038. MODERNIZATION OF AUTHORITIES ON PROPERTY AND FISCAL OFFICERS + OF THE NATIONAL GUARD. + + (a) Property and Fiscal Officer for Each State From NGB.--Section +708 of title 32, United States Code, is amended-- + (1) by striking subsection (a) and inserting the following + new subsection (a): + ``(a) Property and Fiscal Officer for Each State.--(1) The Chief of +the National Guard Bureau shall assign, designate, or detail, subject +to the approval of the Secretary of the Army or the Secretary of the +Air Force, as applicable, a qualified commissioned officer ordered to +active duty in the National Guard Bureau under section 12402(a) of +title 10 to be the property and fiscal officer of each State, +Territory, and the District of Columbia. + ``(2)(A) An officer may not be assigned, designated, or detailed as +the property and fiscal officer of a State, Territory, or the District +of Columbia under paragraph (1) if the officer has served within such +jurisdiction during the 36 months preceding such assignment, +designation, or detail. + ``(B) The Secretary of the Army or the Secretary of the Air Force +may waive the applicability of subparagraph (A) to the assignment, +designation, or detail of a particular officer if such Secretary +considers the waiver to be in the best interests of the State, +Territory, or District of Columbia, as applicable, concerned. + ``(3) An officer assigned, designated, or detailed as a property +and fiscal officer under paragraph (1) shall, while so serving as such +an officer, serve in a grade commensurate with the functions and +responsibilities of the officer, but not above the grade of colonel.''; +and + (2) by striking subsection (d). + (b) Support Staff.--Such section is further amended-- + (1) by redesignating subsections (b) and (c) as subsections + (c) and (d), respectively; and + (2) by inserting after subsection (a), as amended by + subsection (a) of this section, the following new subsection + (b): + ``(b) Support Staff.--The Chief of the National Guard Bureau shall +assign, designate, or detail other personnel of the National Guard +Bureau to serve as the Federal support staff for the property and +fiscal officer for the National Guard of each State, Territory, or the +District of Columbia under subsection (a).''. + (c) Responsibilities.--Subsection (c) of such section, as +redesignated by subsection (b)(1) of this section, is amended-- + (1) by inserting ``Responsibilities of Officers.--'' after + ``(c)''; + (2) in paragraph (1), by striking ``he'' and inserting + ``such officer''; and + (3) in paragraph (2), by inserting ``, the Chief of Staff + of the Army or the Chief of Staff of the Air Force (as + applicable), or the Chief of the National Guard Bureau'' before + the period at the end. + (d) Other Matters.--Such section is further amended-- + (1) by striking subsection (d), as redesignated by + subsection (b)(1) of this section; and + (2) by striking subsection (e). + (e) Intrustment of Monies.--Such section is further amended-- + (1) by redesignating subsection (f) as subsection (d); and + (2) in subsection (d), as so redesignated-- + (A) by inserting ``Intrustment of Monies.--'' after + ``(d)''; + (B) by striking ``an officer'' and inserting ``a + Federally recognized officer''; + (C) by striking ``him'' and inserting ``such agent + officer''; and + (D) by striking ``he'' and inserting ``the agent + officer''. + +SEC. 1039. LIMITATION ON PLACEMENT BY THE UNDER SECRETARY OF DEFENSE + FOR PERSONNEL AND READINESS OF WORK WITH FEDERALLY FUNDED + RESEARCH AND DEVELOPMENT CENTERS. + + (a) Limitation.--The Under Secretary of Defense for Personnel and +Readiness may not place any work with a federally funded research and +development center (FFRDC) until the Under Secretary submits to the +Committees on Armed Services of the Senate and the House of +Representatives a report on all studies, reports, and other analyses +being undertaken for the Under Secretary as of the date of the report +by federally funded research and development centers. + (b) Elements.--The report required by subsection (a) shall set +forth the following: + (1) A list of each study, report, and analysis described by + subsection (a). + (2) For each study, report, or analysis, the following: + (A) Title. + (B) Federally funded research and development + center undertaking. + (C) Amount of contract. + (D) Anticipated completion date. + +SEC. 1040. TERMINATION OF REQUIREMENT FOR DEPARTMENT OF DEFENSE + FACILITY ACCESS CLEARANCES FOR JOINT VENTURES COMPOSED OF + PREVIOUSLY-CLEARED ENTITIES. + + A clearance for access to a Department of Defense installation or +facility may not be required for a joint venture if that joint venture +is composed entirely of entities that are currently cleared for access +to such installation or facility. + +SEC. 1041. DESIGNATION OF DEPARTMENT OF DEFENSE STRATEGIC ARCTIC PORTS. + + (a) Findings.--Congress makes the following findings: + (1) The strategic importance of the Arctic continues to + increase as the United States and other countries recognize the + military significance of the sea lanes and choke points within + the region and understand the potential for power projection + from the Arctic into multiple regions. + (2) On January 19, 2018, Secretary of Defense James Mattis + released the document titled ``2018 National Defense Strategy + of the United States of America'' in which the Secretary + outlined the reemergence of long-term, strategic competition by + countries classified by the National Security Strategy as + revisionist powers. + (3) Russia and China have conducted military exercises + together in the Arctic, have agreed to connect the Northern Sea + Route, claimed by Russia, with China's Maritime Silk Road, and + are working together in developing natural gas resources in the + Arctic. + (4) The Government of the Russian Federation-- + (A) has prioritized the development of Arctic + capabilities and has made significant investments in + military infrastructure in the Arctic, including the + creation of a new Arctic Command and the construction + or refurbishment of 16 deepwater ports and 14 airfields + in the region; + (B) has approximately 40 icebreakers as of May + 2019, including several nuclear-powered icebreakers, is + currently constructing four icebreakers, and is + planning to build an additional eight icebreakers; and + (C) conducted the largest military exercise since + the 1980s, Vostok 2018, which included-- + (i) 300,000 troops; + (ii) 1,000 aircraft; + (iii) 80 ships; + (iv) 36,000 vehicles; and + (v) notably, 3,200 Chinese troops, 30 + Chinese rotary and fixed-wing aircraft, and 900 + Chinese tanks. + (5) The Government of the People's Republic of China-- + (A) released, in January 2018, its new Arctic + Strategy, the Polar Silk Road, in which it declares + itself as a ``near-Arctic state'', even though its + nearest territory to the Arctic is 900 miles away; + (B) has publicly stated that it seeks to expand its + ``Belt and Road Initiative'' to the Arctic region, + including current investment in the natural gas fields + in the Yamal Peninsula in Russia, rare-earth element + mines in Greenland, and the real estate, alternative + energy, and fisheries in Iceland; and + (C) has shown great interest in expanding its + Arctic presence, including through-- + (i) the operation of research vessels in + the region; + (ii) the recent construction of the Xuelong + 2, or Snow Dragon II, the only polar research + boat vessel in the world that can break ice + while going forward or backward; + (iii) a freedom of navigation operation in + the Aleutian Islands in 2015; and + (iv) its recent plans to develop a 33,000 + ton nuclear-powered icebreaker. + (6) The economic significance of the Arctic continues to + grow as countries around the globe begin to understand the + potential for maritime transportation through, and economic and + trade development in, the region. + (7) The Arctic is home to 13 percent of the world's + undiscovered oil, 30 percent of its undiscovered gas, an + abundance of uranium, rare earth minerals, gold, diamonds, and + millions of square miles of untapped resources, including + abundant fisheries. + (8) The Bering Strait is experiencing significant increases + in international traffic from vessels transiting the Northern + Sea Route, increases which are projected to continue if + decreases in sea ice coverage continue. + (9) Along a future ice-free Arctic shipping route, a ship + sailing from South Korea to Germany would have an average + travel time of just 23 days, compared to 34 days via the Suez + Canal and 46 days via the Cape of Good Hope. + (10) In a speech at the Arctic Forum in September 2011, + Russian Federation President Vladimir Putin highlighted the + Northern Sea Route as a potential alternative to the Suez Canal + and has publicly stated plans to invest $11,400,000,000 along + the Northern Sea Route by 2024. + (11) Increases in human, maritime, and resource development + activity in the Arctic region are expected to create additional + mission requirements for the Department of Defense and the + Department of Homeland Security, given-- + (A) the strategic focus of the Government of the + Russian Federation and the Government of the People's + Republic of China on the Arctic; + (B) overlapping territorial claims; and + (C) the potential for maritime accidents, oil + spills, and illegal fishing near the exclusive economic + zone of the United States. + (12) The increasing role of the United States in the Arctic + has been highlighted in each of the last four National Defense + Authorization Acts. + (13) Section 1068 of the National Defense Authorization Act + for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 992) + required a new Department of Defense strategy to protect United + States national security interests in the Arctic region. + (14) Section 1095 of the National Defense Authorization Act + for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2438) + required the Department of Defense to create criteria to + designate a Department of Defense Strategic Arctic Port. + (15) Section 122 of the National Defense Authorization Act + for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1310) + authorized the procurement of one polar-class heavy icebreaker + vessel. + (16) Section 151 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232) + authorized the procurement of five additional polar-class + icebreaker vessels and expressed that the Coast Guard should-- + (A) maintain an inventory of not fewer than six + polar-class icebreaker vessels; + (B) award a contract for the first new polar-class + icebreaker not later than fiscal year 2019 and deliver + the icebreaker not later than fiscal year 2023; and + (C) deliver the second through sixth polar-class + icebreakers at a rate of one vessel per year in fiscal + years 2025 through 2029. + (17) In January 2017, the Department of Defense released a + report entitled ``Report to Congress on Strategy to Protect + United States National Security Interests in the Arctic + Region'' to update ``the ways and means'' the Department of + Defense intends to use to achieve its objectives as it + implements the 2013 National Strategy for the Arctic Region, + including-- + (A) enhancing the capability of United States + forces to defend the homeland and exercise sovereignty; + (B) strengthening deterrence at home and abroad; + (C) preserving freedom of the seas in the Arctic; + and + (D) evolving the infrastructure and capabilities of + the Department in the Arctic consistent with changing + conditions and needs. + (18) The United States Coast Guard Arctic Strategic Outlook + released in April 2019 states, ``Demonstrating commitment to + operational presence, Canada, Denmark, and Norway have made + strategic investments in ice-capable patrol ships charged with + national or homeland security missions. [The United States] is + the only Arctic State that has not made similar investments in + ice-capable surface maritime security assets. This limits the + ability of the Coast Guard, and the Nation, to credibly uphold + sovereignty or respond to contingencies in the Arctic''. + (19) On January 12, 2017, Secretary of Defense James Mattis + stated, ``The Arctic is key strategic terrain . . . Russia is + taking aggressive steps to increase its presence there . . . I + will prioritize the development of an integrated strategy for + the Arctic. I believe that our interests and the security of + the Arctic would benefit from increasing the focus of the + Department of Defense on this region''. + (20) On January 9, 2019, Secretary of the Air Force Heather + Wilson and Chief of Staff of the Air Force General David + Goldfein wrote, ``. . . the Arctic has become even more + important to the nation. Both a northern approach to the United + States, as well as a critical location for projecting American + power, its geo-strategic significance is difficult to + overstate''. + (21) On February 26, 2019, General John Hyten, Commander of + the United States Strategic Command, stated, ``In particular, + the Arctic is an area that we really need to focus on and + really look at investing. That is no longer a buffer zone. We + need to be able to operate there. We need to be able to + communicate there. We need to have a presence there that we + have not invested in in the same way that our adversaries have. + And they see that as a vulnerability from us, whereas it is + becoming a strength for them and it is a weakness for us, we + need to flip that equation''. + (22) On February 26, 2019, General Terrence O'Shaughnessy, + Commander of the United States Northern Command stated, ``It + has become clear that defense of the homeland depends on our + ability to detect and defeat threats operating both in the + Arctic and passing through the Arctic. Russia's fielding of + advanced, long-range cruise missiles capable of flying through + the northern approaches and striking targets in the United + States and Canada has emerged as the dominant military threat + in the Arctic. . . . Meanwhile, China has declared that it is + not content to remain a mere observer in the Arctic and has + taken action to normalize its naval and commercial presence in + the region in order to increase its access to lucrative + resources and shipping routes. I view the Arctic as the front + line in the defense of the United States and Canada . . .''. + (23) On May 6, 2019, Admiral Karl Schultz, Commandant of + the Coast Guard stated, ``We talk about the Arctic as a + competitive space. We've seen China, we see Russia investing + extensively. China built icebreakers in the time since we + updated our strategy. China's been operating off the Alaskan + Arctic for a good part of the last six years on an annual + basis. [The Coast Guard is] championing increased capabilities + in the Arctic . . . better communications, better domain + awareness . . . . I want to see the Arctic remain a peaceful + domain. China's a self-declared Arctic state. They're not one + of the eight Arctic nations, so for me, for the service, its + presence equals influence''. + (24) On May 6, 2019, Secretary of State Mike Pompeo stated + that-- + (A) the Arctic ``has become an arena for power and + for competition'', and the United States is ``entering + a new age of strategic engagement in the Arctic, + complete with new threats to the Arctic and its real + estate, and to all of our interests in that region.''; + (B) ``Arctic sea lanes could become the 21st + century Suez and Panama Canals.''; + (C) ``We're concerned about Russia's claim over the + international waters of the Northern Sea Route, + including its newly announced plans to connect it with + China's Maritime Silk Road.''; + (D) ``In the Northern Sea Route, Moscow already + illegally demands other nations request permission to + pass, requires Russian maritime pilots to be aboard + foreign ships, and threatens to use military force to + sink any that fail to comply with their demands.''; + (E) there is a ``pattern of aggressive Russian + behavior here in the Arctic'' and ``we know Russian + territorial ambitions can turn violent''; and + (F) we do not want ``the Arctic Ocean to transform + into a new South China Sea, fraught with militarization + and competing territorial claims'', nor do we want + ``the fragile Arctic environment exposed to the same + ecological devastation caused by China's fishing fleet + in the seas off its coast, or unregulated industrial + activity in its own country''. + (25) On December 6, 2018, Secretary of the Navy Richard + Spencer stated, ``We need to have a strategic Arctic port up in + Alaska. We need to be doing FONOPs in the northwest - in the + northern passage. . . . peace through presence with a submarine + is a little tough''. + (26) Meanwhile, the two closest strategic seaports, as + designated by the Department of Defense, to the Arctic Circle + are the Port of Anchorage and the Port of Tacoma, located + approximately 1,500 nautical miles and 2,400 nautical miles + away, respectively, and approximately 1,900 nautical miles and + 2,800 nautical miles respectively from Barrow, Alaska. + (27) The distance from Bangor, Maine, to Key West, Florida, + is approximately 1,450 nautical miles. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) the Arctic is a region of strategic importance to the + national security interests of the United States and the + Department of Defense must better align its presence, force + posture, and capabilities to meet the growing array of + challenges in the region; and + (2) although much progress has been made to increase + awareness of Arctic issues and to promote increased presence in + the region, additional measures, including the designation of + one or more strategic Arctic ports, are needed to show the + commitment of the United States to this emerging strategic + choke point of future great power competition. + (c) Report Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense, in + consultation with the Chairman of the Joint Chiefs of Staff, + the Commanding General of the United States Army Corps of + Engineers, the Commandant of the Coast Guard, and the + Administrator of the Maritime Administration, shall submit to + the congressional defense committees a report evaluating + potential sites for one or more strategic ports in the Arctic. + (2) Elements.--Consistent with the updated military + strategy for the protection of United States national security + interests in the Arctic region set forth in the report required + under section 1068 of the National Defense Authorization Act + for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 992), the + report required under paragraph (1) shall include-- + (A) an evaluation of the amount of sufficient and + suitable space needed to create capacity for port and + other necessary infrastructure for at least one of each + of type of Navy or Coast Guard vessel, including an + Arleigh Burke class destroyer of the Navy, a national + security cutter, and a heavy polar ice breaker of the + Coast Guard; + (B) an evaluation of the amount of sufficient and + suitable space needed to create capacity for equipment + and fuel storage, technological infrastructure, and + civil infrastructure to support military and civilian + operations, including-- + (i) aerospace warning; + (ii) maritime surface and subsurface + warning; + (iii) maritime control and defense; + (iv) maritime domain awareness; + (v) homeland defense; + (vi) defense support to civil authorities; + (vii) humanitarian relief; + (viii) search and rescue; + (ix) disaster relief; + (x) oil spill response; + (xi) medical stabilization and evacuation; + and + (xii) meteorological measurements and + forecasting; + (C) an identification of proximity and road access + required to an airport designated as a commercial + service airport by the Federal Aviation Administration + that is capable of supporting military and civilian + aircraft for operations designated in subparagraph (B); + (D) a description of the requirements, to include + infrastructure and installations, communications, and + logistics necessary to improve response effectiveness + to support military and civilian operations described + in subparagraph (B); + (E) an identification of the sites that the + Secretary recommends as potential sites for designation + as Department of Defense Strategic Arctic Ports; + (F) the estimated cost of sufficient construction + necessary to initiate and sustain expected operations + at such sites; and + (G) such other information as the Secretary deems + relevant. + (d) Designation of Strategic Arctic Ports.--Not later than 90 days +after the date on which the report required under subsection (c) is +submitted, the Secretary of Defense, in consultation with the Chairman +of the Joint Chiefs of Staff, the Commanding General of the United +States Army Corps of Engineers, the Commandant of the Coast Guard, and +the Administrator of the Maritime Administration, shall designate one +or more ports as Department of Defense Strategic Arctic Ports from the +sites identified under subsection (c)(2)(E). + (e) Rule of Construction.--Nothing in this section may be construed +to authorize any additional appropriations for the Department of +Defense for the establishment of any port designated pursuant to this +section. + (f) Arctic Defined.--In this section, the term ``Arctic'' has the +meaning given that term in section 112 of the Arctic Research and +Policy Act of 1984 (15 U.S.C. 4111). + +SEC. 1042. EXTENSION OF NATIONAL SECURITY COMMISSION ON ARTIFICIAL + INTELLIGENCE. + + (a) Extension.--Subsection (e) of section 1051 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232; 132 Stat. 1962) is amended by striking ``October 1, 2020'' +and inserting ``March 1, 2021''. + (b) Reports.--Subsection (c) of such section is amended-- + (1) in paragraph (1), by striking ``Not later than 180 days + after the date of the enactment of this Act'' and inserting + ``Not later than August 1, 2019''; + (2) by redesignating paragraph (3) as paragraph (4); and + (3) by inserting after paragraph (1) the following new + paragraphs: + ``(2) Interim reports.--Not later than each of December 1, + 2019, and December 1, 2020, the Commission shall submit as + described in that paragraph an interim report on the review + required under subsection (b). + ``(3) Final report.--Not later than March 1, 2021, the + Commission shall submit as described in paragraph (1) a + comprehensive final report on the review required under + subsection (b).''. + +SEC. 1043. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP. + + (a) Transfer Authority.--Notwithstanding section 2215 of title 10, +United States Code, the Secretary of Defense may transfer to the +Secretary of State, for use by the United States Agency for +International Development, amounts to be used for the Bien Hoa dioxin +cleanup in Vietnam. + (b) Limitation on Amount.--Not more than $15,000,000 may be +transferred in fiscal year 2020 under the authority in subsection (a). + (c) Additional Transfer Authority.--The transfer authority in +subsection (a) is in addition to any other transfer authority available +to the Department of Defense. + +SEC. 1044. LIMITATION ON USE OF FUNDS TO HOUSE CHILDREN SEPARATED FROM + PARENTS. + + (a) In General.--None of the amounts authorized to be appropriated +by this Act to the Department of Defense for fiscal year 2020 may be +used to house a child separated from a parent. + (b) Child Separated From a Parent Defined.--The term ``child +separated from a parent'' means a person who-- + (1) entered the United States, before attaining 18 years of + age, at a port of entry or between ports of entry; and + (2) was separated from his or her parent or legal guardian + by the Department of Homeland Security, and the Department of + Homeland Security failed to demonstrate in a hearing that the + parent or legal guardian was unfit or presented a danger to the + child. + +SEC. 1045. USE OF FUNDS FOR DEFENSE OF THE ARMED FORCES AND UNITED + STATES CITIZENS AGAINST ATTACK BY FOREIGN HOSTILE FORCES. + + Amounts authorized to be appropriated by this Act may be used to +ensure the ability of the Armed Forces of the United States to defend +themselves, and United States citizens, against attack by the +government, military forces, or proxies of a foreign nation or by other +hostile forces. + + Subtitle F--Studies and Reports + +SEC. 1051. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS ON DEFENSE + MANPOWER. + + (a) Conversion of Annual Requirements Report Into Annual Profile +Report.--Section 115a of title 10, United States Code, is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by + striking the first two sentences and inserting the + following new sentence: ``Not later than April 1 each + year, the Secretary of Defense shall submit to Congress + a defense manpower profile report.''; + (B) in paragraph (1), by adding ``and'' at the end; + (C) in paragraph (2), by striking ``; and'' and + inserting a period; and + (D) by striking paragraph (3); + (2) in subsection (b)-- + (A) by striking ``(1)''; and + (B) by striking paragraphs (2) and (3); + (3) in subsection (c), by striking ``the following:'' and + all that follows and inserting ``the manpower required for + support and overhead functions within the armed forces and the + Department of Defense.''; + (4) by striking subsections (e) and (h); and + (5) by redesignating subsections (f) and (g) as subsections + (e) and (f), respectively. + (b) Conversion of Certain Current Report Elements Into Separate, +Modified Reports.--Such section is further amended-- + (1) in subsection (e), as redesignated by subsection (a)(5) + of this section-- + (A) in the matter preceding paragraph (1), by + striking ``The Secretary shall also include in each + such report'' and inserting ``Not later than June 1 + each year, the Secretary shall submit to Congress a + report that sets forth''; and + (B) in paragraph (1), by striking ``and estimates + of such numbers for the current fiscal year and + subsequent fiscal years''; and + (2) in subsection (f), as so redesignated-- + (A) in the matter preceding paragraph (1), by + striking ``In each report submitted under subsection + (a), the Secretary shall also include a detailed + discussion'' and inserting ``Not later than September 1 + each year, the Secretary shall submit to Congress a + report that sets forth a detailed discussion, current + as of the preceding fiscal year''; and + (B) by striking ``the year'' each place it appears + and inserting ``the fiscal year''. + (c) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of such section is + amended to read as follows: +``Sec. 115a. Annual defense manpower profile report and related + reports''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 3 of such title is amended by striking the + item relating to section 115a and inserting the following new + item: + +``115a. Annual defense manpower profile report and related reports.''. + +SEC. 1052. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO IMPLEMENT A FORCE + PLANNING PROCESS IN SUPPORT OF IMPLEMENTATION OF THE 2018 + NATIONAL DEFENSE STRATEGY. + + (a) Report Required.--Not later than February 1, 2020, the Under +Secretary of Defense for Policy shall submit to the congressional +defense committees a report setting forth the plan and processes of the +Department of Defense to provide analytic support to senior leaders of +the Department for the force planning required to implement the 2018 +National Defense Strategy. The analytic support shall be designed to +weigh options, examine tradeoffs across the joint force, and drive +decisions on force sizing, shaping, capability, and concept development +in order to address the threats outlined in the 2018 National Defense +Strategy. + (b) Elements.--The report required by subsection (a) shall include +an assessment of the following: + (1) The major elements, products, and milestones of the + force planning process of the Department. + (2) The conclusions and recommendations of the Defense + Planning and Analysis Community initiative. + (3) The progress of the Department in implementing the + recommendations of the Comptroller General of the United States + set forth in Government Accountability Office Report GAO-19- + 40C. + (4) The progress of the Under Secretary, the Chairman of + the Joint Chiefs of Staff, and the Director of Cost Assessment + and Program Evaluation in implementing paragraph (5) of section + 134(b) of title 10, United States Code, as added by section + 902(b) of the John S. McCain National Defense Authorization Act + for Fiscal Year 2019 (Public Law 115-232). + +SEC. 1053. EXTENSION OF ANNUAL REPORTS ON CIVILIAN CASUALTIES IN + CONNECTION WITH UNITED STATES MILITARY OPERATIONS. + + Section 1057(e) of the National Defense Authorization Act for +Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1572) is amended by +striking ``the date this is five years after the date of the enactment +of this Act'' and inserting ``December 31, 2025''. + +SEC. 1054. REPORT ON JOINT FORCE PLAN FOR IMPLEMENTATION OF STRATEGIES + OF THE DEPARTMENT OF DEFENSE FOR THE ARCTIC. + + (a) In General.--Not later than 270 days after the date on which +the Secretary of Defense submits to the congressional defense +committees the report on an updated Arctic strategy to improve and +enhance joint operations required by section 1071 of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +115-232), the Secretary of Defense shall, in coordination with the +Secretary of the Army, the Secretary of the Navy, and the Secretary of +the Air Force, submit to the congressional defense committees a joint +force plan for implementation of the following: + (1) The December 2016 Report to Congress on the Strategy to + Protect United States National Security Interests in the Arctic + Region. + (2) The updated Arctic strategy to improve and enhance + joint operations. + (b) Elements.--The report required by subsection (a) shall include +the following in connection with the strategies for the Arctic referred +to in that subsection: + (1) A description of the specific means for-- + (A) enhancing the capability of the Armed Forces to + defend the homeland and exercise sovereignty; + (B) strengthening deterrence at home and abroad; + (C) strengthening alliances and partnerships; + (D) preserving freedom of the seas in the Arctic; + (E) engaging public, private, and international + partners to improve domain awareness in the Arctic; + (F) developing Department of Defense Arctic + infrastructure and capabilities consistent with + changing conditions and needs; + (G) providing support to civil authorities, as + directed; + (H) partnering with other departments, agencies, + and countries to support human and environmental + security; and + (I) supporting international institutions that + promote regional cooperation and the rule of law. + (2) An analysis of the operational and contingency plans + for the protection of United States national security interests + in the Arctic region. + (3) A description of training, capability, and resource + gaps that must be addressed to execute each mission described + in the updated Arctic strategy. + (4) A description of the current and projected Arctic + capabilities of the Russian Federation and the People's + Republic of China, and an analysis of United States + capabilities for satisfying-- + (A) each mission described in the updated Arctic + strategy; and + (B) the strategic objectives in the National + Defense Strategy. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + +SEC. 1055. REPORT ON USE OF NORTHERN TIER BASES IN IMPLEMENTATION OF + ARCTIC STRATEGY OF THE UNITED STATES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretary of the Air Force, shall submit to the congressional +defense committees a report outlining how bases in the northern +latitudes, including Northern Tier bases, may be used in the +implementation of-- + (1) recommendations included in the report submitted by the + Secretary of Defense to Congress in December 2016 entitled + ``Report to Congress on Strategy to Protect United States + National Security Interests in the Arctic Region''; and + (2) the updated Arctic strategy to improve and enhance + joint operations required to be submitted to the congressional + defense committees under section 1071 of the John S. McCain + National Defense Authorization Act for Fiscal Year 2019 (Public + Law 115-232). + (b) Inclusion of Mission Sets.--The report under subsection (a) +shall include a description of current and future mission sets at +Northern Tier bases that may further the Arctic strategy of the United +States. + (c) Northern Tier Bases Defined.--In this section, the term +``Northern Tier bases'' means installations in the continental United +States that are located in States bordering Canada. + +SEC. 1056. REPORT ON THE DEPARTMENT OF DEFENSE PLAN FOR MASS-CASUALTY + DISASTER RESPONSE OPERATIONS IN THE ARCTIC. + + (a) Sense of Senate.--It is the sense of the Senate that-- + (1) the Department of Defense may be called upon to support + the Coast Guard and other agencies of the Department of + Homeland Security in responding to any mass-casualty disaster + response operations in the Arctic; + (2) coordination between the Department of Defense and the + Coast Guard might be necessary for responding to a mass- + casualty event in the Arctic; and + (3) prior planning for Arctic mass-casualty disaster + response operations will bolster the response of the Federal + Government to a mass-casualty disaster in the Arctic + environment. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall, in coordination +with the Secretary of Homeland Security, submit to the appropriate +committees of Congress a report on the plan of the Department of +Defense for assisting mass-casualty disaster response operations in the +Arctic. + (c) Elements.--The report required by subsection (b) shall include +the following: + (1) A description of the assets that could be made + available to support other agencies and departments of the + Federal Government for mass-casualty disaster response + operations in the Arctic. + (2) A description and assessment of the command, control, + and coordination relationships that would be useful to + integrate rescue forces for such operations from multiple + departments and agencies of the Federal Government. + (3) A description and assessment of the communications + assets that could be made available in support of other + agencies and departments of the Federal Government for + communication and coordination in such operations. + (4) A description of any cooperative arrangements with + Canada and other regional partners in providing rescue assets + and infrastructure in connection with such operations. + (5) A description of available medical infrastructure and + assets that could be made available in support of other + agencies and departments of the Federal Government for + aeromedical evacuation in connection with such operations. + (6) A description of available shelter locations that could + be made available in support of other agencies and departments + of the Federal Government for use in connection with such + operations, including the number of people that can be + sheltered per location. + (7) An assessment of logistical challenges that evacuations + from the Arctic in connection with such operations entail, + including potential rotary and fixed-wing aircraft trans-load + locations and onward movement requirements. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on + Homeland Security and Governmental Affairs, and the Committee + on Appropriations of the Senate; and + (2) the Committee on Armed Services, the Committee on + Homeland Security, and the Committee on Appropriations of the + House of Representatives. + +SEC. 1057. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR COMPENSATION OF + RETIRED GENERAL OR FLAG OFFICERS BY FOREIGN GOVERNMENTS + FOR EMOLUMENTS CLAUSE PURPOSES. + + (a) Annual Reports.--Section 908 of title 37, United States Code, +is amended by adding at the end the following new subsection: + ``(d) Annual Reports on Approvals for Retired General and Flag +Officers.--(1) Not later than January 31 each year, the Secretaries of +the military departments shall jointly submit to the appropriate +committees and Members of Congress a report on each approval under +subsection (b) for employment or compensation described in subsection +(a) for a retired member of the armed forces in a general or flag +officer grade that was issued during the preceding year. + ``(2) In this subsection, the appropriate committees and Members of +Congress are-- + ``(A) the Committee on Armed Services, the Committee on + Foreign Relations, and the Committee on Appropriations of the + Senate; + ``(B) the Committee on Armed Services, the Committee on + Foreign Affairs, and the Committee on Appropriations of the + House of Representatives; + ``(C) the Majority Leader and the Minority Leader of the + Senate; and + ``(D) the Speaker of the House of Representatives and the + Minority Leader of the House of Representatives.''. + (b) Scope of First Report.--The first report submitted pursuant to +subsection (d) of section 908 of title 37, United States Code (as added +by subsection (a) of this section), after the date of the enactment of +this Act shall cover the five-year period ending with the year before +the year in which such report is submitted. + +SEC. 1058. TRANSMITTAL TO CONGRESS OF REQUESTS FOR ASSISTANCE RECEIVED + BY THE DEPARTMENT OF DEFENSE FROM OTHER DEPARTMENTS. + + (a) Requests for Assistance.--Not later than seven calendar days +after the receipt by the Department of Defense of a Request for +Assistance from the Department of Homeland Security or the Department +of Health and Human Services, the Secretary of Defense shall +electronically transmit to the Committees on Armed Services of the +Senate and the House of Representatives a copy of such Request for +Assistance. + (b) Responses to Requests.--At the same time the Secretary of +Defense submits to the Secretary of Homeland Security or the Secretary +of Health and Human Services an official response of the Department of +Defense to a Request for Assistance from the Department of Homeland +Security or the Department of Health and Human Services, as applicable, +the Secretary of Defense shall transmit to the Committees on Armed +Services of the Senate and the House of Representatives a copy of such +official response. + +SEC. 1059. SEMIANNUAL REPORT ON CONSOLIDATED ADJUDICATION FACILITY OF + THE DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. + + Not less frequently than once every six months until the Director +of the Defense Counterintelligence and Security Agency determines that +a steady-state level has been achieved for the Consolidated +Adjudication Facility of the Agency, the Director shall submit to the +congressional defense committees a report on inventory and timeliness +metrics relating to such facility. + +SEC. 1060 COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON POST- + GOVERNMENT EMPLOYMENT OF FORMER DEPARTMENT OF DEFENSE + OFFICIALS. + + Not later than 90 days after the date of the enactment of this Act, +the Comptroller General of the United States shall initiate a review +updating the information and findings contained in the May 2008 +Government Accountability Office report entitled, ``Defense +Contracting: Post-Government Employment of Former DOD Officials Needs +Greater Transparency'' (GAO-08-485). The Comptroller General shall +provide an interim briefing on the status of the review to the +congressional defense committees not later than December 31, 2020, with +a report to follow by a date agreed upon with the committees. + +Subtitle G--Treatment of Contaminated Water Near Military Installations + +SEC. 1071. SHORT TITLE. + + This subtitle may be cited as the ``Prompt and Fast Action to Stop +Damages Act of 2019''. + +SEC. 1072. DEFINITIONS. + + In this subtitle: + (1) PFOA.--The term ``PFOA'' means perfluorooctanoic acid. + (2) PFOS.--The term ``PFOS'' means perfluorooctane + sulfonate. + +SEC. 1073. PROVISION OF WATER UNCONTAMINATED WITH PERFLUOROOCTANOIC + ACID (PFOA) AND PERFLUOROOCTANE SULFONATE (PFOS) FOR + AGRICULTURAL PURPOSES. + + (a) Authority.-- + (1) In general.--Using amounts authorized to be + appropriated or otherwise made available for operation and + maintenance for the military department concerned, or for + operation and maintenance Defense-wide in the case of the + Secretary of Defense, the Secretary concerned may provide water + sources uncontaminated with perfluoroalkyl and polyfluoroalkyl + substances, including PFOA and PFOS, or treatment of + contaminated waters, for agricultural purposes used to produce + products destined for human consumption in an area in which a + water source has been determined pursuant to paragraph (2) to + be contaminated with such compounds by reason of activities on + a military installation under the jurisdiction of the Secretary + concerned. + (2) Applicable standard.--For purposes of paragraph (1), an + area is determined to be contaminated with PFOA or PFOS if-- + (A) the level of contamination is above the + Lifetime Health Advisory for contamination with such + compounds issued by the Environmental Protection Agency + and printed in the Federal Register on May 25, 2016; or + (B) on or after the date the Food and Drug + Administration sets a standard for PFOA and PFOS in raw + agricultural commodities and milk, the level of + contamination is above such standard. + (b) Secretary Concerned Defined.--In this section, the term +``Secretary concerned'' means the following: + (1) The Secretary of the Army, with respect to the Army. + (2) The Secretary of the Navy, with respect to the Navy, + the Marine Corps, and the Coast Guard (when it is operating as + a service in the Navy). + (3) The Secretary of the Air Force, with respect to the Air + Force. + (4) The Secretary of Defense, with respect to the Defense + Agencies. + +SEC. 1074. ACQUISITION OF REAL PROPERTY BY AIR FORCE. + + (a) Authority.-- + (1) In general.--The Secretary of the Air Force may acquire + one or more parcels of real property within the vicinity of an + Air Force base that has shown signs of contamination from PFOA + and PFOS due to activities on the base and which would extend + the contiguous geographic footprint of the base and increase + the force protection standoff near critical infrastructure and + runways. + (2) Improvements and personal property.--The authority + under paragraph (1) to acquire real property described in that + paragraph shall include the authority to purchase improvements + and personal property located on that real property. + (3) Relocation expenses.--The authority under paragraph (1) + to acquire real property described in that paragraph shall + include the authority to provide Federal financial assistance + for moving costs, relocation benefits, and other expenses + incurred in accordance with the Uniform Relocation Assistance + and Real Property Acquisition Policies Act of 1970 (42 U.S.C. + 4601 et seq.). + (b) Environmental Activities.--The Air Force shall conduct such +activities at a parcel or parcels of real property acquired under +subsection (a) as are necessary to remediate contamination from PFOA +and PFOS related to activities at the Air Force base. + (c) Funding.--Funds for the land acquisitions authorized under +subsection (a) shall be derived from amounts authorized to be +appropriated for fiscal year 2020 for military construction or the +unobligated balances of appropriations for military construction that +are enacted after the date of the enactment of this Act. + (d) Rule of Construction.--The authority under this section +constitutes authority to carry out land acquisitions for purposes of +section 2802 of title 10, United States Code. + +SEC. 1075. REMEDIATION PLAN. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to +Congress a remediation plan for cleanup of all water at or adjacent to +a military base that is contaminated with PFOA or PFOS. + (b) Study.--In preparing the remediation plan under subsection (a), +the Secretary shall conduct a study on the contamination of water at +military bases with PFOA or PFOS. + (c) Budget Amount.--The Secretary shall ensure that each budget of +the President submitted to Congress under section 1105(a) of title 31, +United States Code, requests funding in amounts necessary to address +remediation efforts under the remediation plan submitted under +subsection (a). + + Subtitle H--Other Matters + +SEC. 1081. REVISION TO AUTHORITIES RELATING TO MAIL SERVICE FOR MEMBERS + OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIANS + OVERSEAS. + + (a) Eligibility for Free Mail.--Section 3401(a) of title 39, United +States Code, is amended to read as follows: + ``(a)(1) First-class letter mail having the character of personal +correspondence shall be carried, at no cost to the sender, in the +manner provided by this section, when mailed by an eligible individual +described in paragraph (2) and addressed to a place within the delivery +limits of a United States post office, if-- + ``(A) such letter mail is mailed by the eligible + individual at an Armed Forces post office established + in an overseas area designated by the President, where + the Armed Forces of the United States are deployed for + a contingency operation as determined by the Secretary + of Defense; or + ``(B) the eligible individual is hospitalized as a + result of disease or injury incurred as a result of + service in an overseas area designated by the President + under subparagraph (A). + ``(2) An eligible individual described in this paragraph + is-- + ``(A) a member of the Armed Forces of the United + States on active duty, as defined in section 101 of + title 10; or + ``(B) a civilian employee of the Department of + Defense or a military department who is providing + support to military operations.''. + (b) Surface Shipment of Mail Authorized.--Section 3401 of title 39, +United States Code, is amended-- + (1) by striking subsection (c); + (2) by redesignating subsections (d), (e), (f), and (g) as + subsections (c), (d), (e), and (f), respectively; and + (3) by amending subsection (b) to read as follows: + ``(b) There shall be transported by surface or air, consistent with +the service purchased by the mailer, between Armed Forces post offices +or from an Armed Forces post office to a point of entry into the United +States, the following categories of mail matter which are mailed at any +such Armed Forces post office: + ``(1) Letter mail communications having the character of + personal correspondence. + ``(2) Any parcel exceeding 1 pound in weight but less than + 70 pounds in weight and less than 130 inches in length and + girth combined. + ``(3) Publications published not less frequently than once + per week and featuring principally current news of interest to + members of the Armed Forces of the United States and the + general public.''. + (c) Technical and Conforming Amendments.-- + (1) Section 3401 of title 39, United States Code, is + amended in the section heading by striking ``and of friendly + foreign nations''. + (2) The table of sections for chapter 34 of title 39, + United States Code, is amended by striking the item relating to + section 3401 and inserting the following: + +``3401. Mailing privileges of members of Armed Forces of the United + States.''. + +SEC. 1082. ACCESS TO AND USE OF MILITARY POST OFFICES BY UNITED STATES + CITIZENS EMPLOYED OVERSEAS BY THE NORTH ATLANTIC TREATY + ORGANIZATION WHO PERFORM FUNCTIONS IN SUPPORT OF MILITARY + OPERATIONS OF THE ARMED FORCES. + + Section 406 of title 39, United States Code, is amended by adding +at the end the following: + ``(c)(1) The Secretary of Defense may authorize the use of a post +office established under subsection (a) in a location outside the +United States by citizens of the United States-- + ``(A) who-- + ``(i) are employed by the North Atlantic Treaty + Organization; and + ``(ii) perform functions in support of the Armed + Forces of the United States; and + ``(B) if the Secretary makes a written determination that + such use is-- + ``(i) in the best interests of the Department of + Defense; and + ``(ii) otherwise authorized by applicable host + nation law or agreement. + ``(2) No funds may be obligated or expended to establish, maintain, +or expand a post office established under subsection (a) for the +purpose of use described in paragraph (1) of this subsection.''. + +SEC. 1083. GUARANTEE OF RESIDENCY FOR SPOUSES OF MEMBERS OF UNIFORMED + SERVICES. + + (a) In General.--Title VI of the Servicemembers Civil Relief Act +(50 U.S.C. 4021 et seq.) is amended by adding at the end the following +new section: + +``SEC. 707. GUARANTEE OF RESIDENCY FOR SPOUSES OF SERVICEMEMBERS. + + ``For the purposes of establishing the residency of a spouse of a +servicemember for any purpose, the spouse of a servicemember may elect +to use the same residence as the servicemember regardless of the date +on which the marriage of the spouse and the servicemember occurred.''. + (b) Clerical Amendment.--The table of contents in section 1(b) of +such Act is amended by inserting after the item relating to section 706 +the following new item: + +``Sec. 707. Guarantee of residency for spouses of servicemembers.''. + +SEC. 1084. EXTENSION OF REQUIREMENT FOR BRIEFINGS ON THE NATIONAL + BIODEFENSE STRATEGY. + + Section 1086(d) of the National Defense Authorization Act for +Fiscal year 2017 (Public Law 114-328; 130 Stat. 2423; 6 U.S.C. 104) is +amended by striking ``March 1, 2019'' and inserting ``March 1, 2025''. + +SEC. 1085. EXTENSION OF NATIONAL COMMISSION ON MILITARY AVIATION + SAFETY. + + (a) Extension of Deadline for Report.--Section 1087(h)(2) of the +John S. McCain National Defense Authorization Act for Fiscal Year 2019 +(Public Law 115-232; 132 Stat. 1995) is amended by striking ``March 1, +2020'' and inserting ``December 31, 2020''. + (b) Calendar Year 2020 Funding.--Of the amount authorized to be +appropriated for fiscal year 2020 for the Department of Defense by this +Act, $3,000,000 shall be available for the National Commission on +Aviation Safety under section 1087 of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 in calendar year 2020. + + TITLE XI--CIVILIAN PERSONNEL MATTERS + +SEC. 1101. MODIFICATION OF TEMPORARY ASSIGNMENTS OF DEPARTMENT OF + DEFENSE EMPLOYEES TO A PRIVATE-SECTOR ORGANIZATION. + + Section 1599g(e)(2)(A) of title 10, United States Code, is amended +by inserting ``permanent'' after ``without the''. + +SEC. 1102. MODIFICATION OF NUMBER OF AVAILABLE APPOINTMENTS FOR CERTAIN + AGENCIES UNDER PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT + EXPERTS IN SCIENCE AND ENGINEERING. + + Section 1599h(b)(1) of title 10, United States Code, is amended-- + (1) in subparagraph (A), by striking ``40'' and inserting + ``10''; and + (2) in subparagraph (B), by striking ``100'' and inserting + ``130''. + +SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT + ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN + PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. + + Paragraph (2) of section 1603(a) of the Emergency Supplemental +Appropriations Act for Defense, the Global War on Terror, and Hurricane +Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section +1102 of the Duncan Hunter National Defense Authorization Act for Fiscal +Year 2009 (Public Law 110-417; 122 Stat. 4616) and most recently +amended by section 1115 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further +amended by striking ``2020'' and inserting ``2021''. + +SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION + ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR + FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS. + + Subsection (a) of section 1101 of the Duncan Hunter National +Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 +Stat. 4615), as most recently amended by section 1104(a) of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232), is further amended by striking ``through 2019'' and +inserting ``through 2020''. + +SEC. 1105. REIMBURSEMENT OF FEDERAL EMPLOYEES FOR FEDERAL, STATE, AND + LOCAL INCOME TAXES INCURRED DURING TRAVEL, + TRANSPORTATION, AND RELOCATION. + + (a) In General.--5724b of title 5, United States Code, is amended-- + (1) in the section heading by striking ``of employees + transferred''; + (2) in subsection (a)-- + (A) in the first sentence, by striking ``employee, + or by an employee and such employee's spouse (if filing + jointly), for any moving or storage'' and inserting + ``individual, or by an individual and such individual's + spouse (if filing jointly), for any travel, + transportation, or relocation''; and + (B) in the second sentence, by striking + ``employee'' and inserting ``individual, or the + individual''; and + (3) by striking subsection (b) and inserting the following: + ``(b) For purposes of this section, the term `travel, +transportation, or relocation expenses' means all travel, +transportation, or relocation expenses reimbursed or furnished in kind +pursuant to this subchapter or chapter 41.''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 57 of title 5, United States Code, is amended by striking the +item relating to section 5724b and inserting the following: + +``5724b. Taxes on reimbursements for travel, transportation, and + relocation expenses.''. + (c) Effective Date.--The amendments made by this section shall-- + (1) take effect on the date of the enactment of this Act; + and + (2) apply to travel, transportation, or relocation expenses + incurred on or after that date. + + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS + + Subtitle A--Assistance and Training + +SEC. 1201. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR + WARFARE. + + Section 1202(a) of the National Defense Authorization Act for +Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended by +striking ``fiscal years 2018 through 2020'' and inserting ``fiscal +years 2020 through 2025''. + +SEC. 1202. EXTENSION OF AUTHORITY FOR CROSS SERVICING AGREEMENTS FOR + LOAN OF PERSONNEL PROTECTION AND PERSONNEL SURVIVABILITY + EQUIPMENT IN COALITION OPERATIONS. + + Section 1207(e) of the Carl Levin and Howard P. ``Buck'' McKeon +National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2342 +note) is amended by striking ``September 30, 2019'' and inserting +``September 30, 2024''. + +SEC. 1203. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY FOR GLOBAL SECURITY + CONTINGENCY FUND. + + Section 1207 of the National Defense Authorization Act for Fiscal +Year 2012 (22 U.S.C. 2151 note) is amended-- + (1) in subsection (i)(1), by striking ``September 30, + 2019'' and inserting ``September 30, 2021''; and + (2) in subsection (o)-- + (A) in the first sentence, by striking ``September + 30, 2019'' and inserting ``September 30, 2021''; and + (B) in the second sentence, by striking ``through + 2019'' and inserting ``through 2021''. + +SEC. 1204. MODIFICATION OF REPORTING REQUIREMENT FOR USE OF FUNDS FOR + SECURITY COOPERATION PROGRAMS AND ACTIVITIES. + + Section 381(b) of title 10, United States Code, is amended by +striking ``30 days'' and inserting ``60 days''. + +SEC. 1205. INSTITUTIONAL LEGAL CAPACITY BUILDING INITIATIVE FOR FOREIGN + DEFENSE FORCES. + + (a) Authorization.--The Secretary of Defense may carry out, +consistent with section 332 of title 10, United States Code, an +initiative of institutional legal capacity building in collaboration +with the appropriate institutions of one or more foreign countries to +enhance the capacity of the applicable foreign country to organize, +administer, manage, maintain, sustain, or oversee the military legal +institutions of such country. + (b) Purpose.--The purpose of the initiative under subsection (a) is +to enhance, as appropriate, the institutional legal capacity of the +applicable foreign country to do the following: + (1) Integrate legal matters into the authority, doctrine, + and policies of the defense ministry of such country. + (2) Provide appropriate legal support to commanders + conducting military operations. + (3) With respect to military law, institutionalize + education, training, and professional development for military + personnel, including military lawyers, officers, and civilian + leadership within such defense ministry. + (4) Establish a military justice system that is objective, + transparent, and impartial. + (5) Build the legal capacity of military forces to provide + equitable, transparent, and accountable institutions and + provide for anti-corruption measures within such defense + ministry. + (6) Build capacity-- + (A) to provide for the protection of civilians + consistent with the law of armed conflict; and + (B) to investigate incidents of civilian + casualties. + (7) Promote understanding and observance of-- + (A) the law of armed conflict; + (B) human rights and fundamental freedoms; + (C) the rule of law; and + (D) civilian control of the military. + (c) Elements.--The initiative under subsection (a) shall include +the following elements: + (1) An assessment of the organizational weaknesses for + institutional legal capacity building of the applicable foreign + country, including baseline information, an assessment of gaps + in the capability and capacity of the appropriate institutions + of such country, and any other indicator of efficacy for + purposes of monitoring and evaluation, as determined by the + Secretary. + (2) A multi-year engagement plan for building institutional + capacity that addresses the weaknesses identified under + paragraph (1), including objectives, milestones, and a + timeline. + (3) The assignment of advisors, as appropriate, to the + ministry of defense or other institutions of such country to + assist in building core legal institutional capacity, + competencies, and capabilities. + (4) A measure for monitoring the implementation of the + initiative and evaluating the efficiency and effectiveness of + the initiative, consistent with section 383 of title 10, United + States Code. + (d) Reports.-- + (1) In general.--Not later than 30 days after the end of + each fiscal year beginning in fiscal year 2020 through the + fiscal year in which the initiative under subsection (a) + terminates, the Secretary shall submit to the Committee on + Armed Services of the Senate and the Committee on Armed + Services of the House of Representatives a report on the + progress of the legal capacity building activities under this + section. + (2) Matters to be included.--Each report under paragraph + (1) shall include, for the preceding fiscal year, the + following: + (A) The names of the one or more countries in which + the initiative was conducted. + (B) For each such country-- + (i) the purpose of the initiative; + (ii) the objectives, milestones, and + timeline of the initiative; + (iii) the number and type of advisors + assigned and deployed to the country, as + applicable; + (iv) an assessment of the progress of the + implementation of the initiative; and + (v) an evaluation of the efficiency and + effectiveness of the initiative. + (e) Sunset.--The initiative under subsection (a) shall terminate on +the date that is five years after the date of the enactment of this +Act. + +SEC. 1206. DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES + IN NATIONAL SECURITY INTEREST OF THE UNITED STATES. + + (a) In General.--The Secretary of Defense may, with the concurrence +of the Secretary of State and in consultation with the Administrator of +the United States Agency for International Development, provide support +for the stabilization activities of other Federal agencies specified +under subsection (c). + (b) Designation of Foreign Areas.-- + (1) In general.--Amounts authorized to be provided pursuant + to this section shall be available only for support for + stabilization activities-- + (A) in a country specified in paragraph (2); and + (B) that the Secretary of Defense, with the + concurrence of the Secretary of State, has determined + are in the national security interest of the United + States. + (2) Specified countries.--The countries specified in this + paragraph are as follows: + (A) Iraq. + (B) Syria. + (C) Afghanistan. + (D) Somalia. + (E) Yemen. + (F) Libya. + (c) Support to Other Agencies.-- + (1) In general.--Support may be provided for stabilization + activities under subsection (a) to the Department of State, the + United States Agency for International Development, or other + Federal agencies, on a reimbursable or nonreimbursable basis. + (2) Type of support.--Support under subsection (a) may + consist of-- + (A) logistic support, supplies, and services; and + (B) equipment. + (d) Requirement for a Stabilization Strategy.-- + (1) Limitation.--With respect to any country specified in + subsection (b)(2), no amount of support may be provided under + subsection (a) until 15 days after the date on which the + Secretary of Defense, with the concurrence of the Secretary of + State, submits to the appropriate committees of Congress a + detailed report setting forth a stabilization strategy for such + country. + (2) Elements of strategy.--The stabilization strategy + required by paragraph (1) shall set forth the following: + (A) The United States interests in conducting + stabilization activities in the country specified in + subsection (b)(2). + (B) The key foreign partners and actors in such + country. + (C) The desired end states and objectives of the + United States stabilization activities in such country. + (D) The Department of Defense support intended to + be provided for the stabilization activities of other + Federal agencies under subsection (a). + (E) Any mechanism for civil-military coordination + regarding support for stabilization activities. + (F) The mechanisms for monitoring and evaluating + the effectiveness of Department of Defense support for + United States stabilization activities in the area. + (e) Implementation in Accordance With Guidance.--Support provided +under subsection (a) shall be implemented in accordance with the +guidance of the Department of Defense entitled ``DoD Directive 3000.05 +Stabilization'', dated December 13, 2018 (or successor guidance). + (f) Report.--The Secretary of Defense, with the concurrence of the +Secretary of State, shall submit to the appropriate committees of +Congress on an annual basis a report that includes the following: + (1) The identification of each foreign area within + countries specified in subsection (b)(2) for which support to + stabilization has occurred. + (2) The total amount spent by the Department of Defense, + broken out by recipient Federal agency and activity. + (3) An assessment of the contribution of each activity + toward greater stability. + (4) An articulation of any plans for continued Department + of Defense support to stabilization in the specified foreign + area in order to maintain or improve stability. + (5) Other matters as the Secretary of Defense considers to + be appropriate. + (g) Use of Funds.-- + (1) Source of funds.--Amounts for activities carried out + under this section in a fiscal year shall be derived only from + amounts authorized to be appropriated for such fiscal year for + the Department of Defense for Operation and Maintenance, + Defense-wide. + (2) Limitation.--Not more than $25,000,000 in each fiscal + year is authorized to be used to provide nonreimbursable + support under this section. + (h) Expiration.--The authority provided under this section may not +be exercised after December 31, 2020. + (i) Definitions.--In this section: + (1) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services and the + Committee on Foreign Relations of the Senate; and + (B) the Committee on Armed Services and the + Committee on Foreign Affairs of the House of + Representatives. + (2) Logistic support, supplies, and services.--The term + ``logistic support, supplies, and services'' has the meaning + given the term in section 2350(1) of title 10 United States + Code. + + Subtitle B--Matters Relating to Afghanistan and Pakistan + +SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND + PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY + FORCES OF AFGHANISTAN. + + (a) Extension.--Subsection (h) of section 1222 of the National +Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 +Stat. 1992), as most recently amended by section 1221 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232), is further amended by striking ``December 31, 2020'' and +inserting ``December 31, 2021''. + (b) Excess Defense Articles.--Subsection (i)(2) of such section +1222, as so amended, is further amended by striking ``December 31, +2020'' each place it appears and inserting ``December 31, 2021''. + +SEC. 1212. AFGHANISTAN SECURITY FORCES FUND. + + (a) Authorization of Appropriations.--There is authorized to be +appropriated for fiscal year 2020 for the Afghanistan Security Forces +Fund, as established by section 1513 of the National Defense +Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. +428), as most recently amended by section 1223(b) of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +115-232), $4,803,978,000. + (b) Continuation of Prior Authorities and Notice and Reporting +Requirements.--Funds available to the Department of Defense for the +Afghanistan Security Forces Fund for fiscal year 2020 shall be subject +to the conditions contained in subsections (b) through (f) of such +section 1513. + (c) Use of Funds.-- + (1) Type of assistance.--Subsection (b)(2) of such section + 1513 is amended by inserting ``(including program and security + assistance management support)'' after ``services''. + (d) Equipment Disposition.-- + (1) Acceptance of certain equipment.--Subject to paragraph + (2), the Secretary of Defense may accept equipment that is + procured using amounts authorized to be appropriated for the + Afghanistan Security Forces Fund by this Act and is intended + for transfer to the security forces of Afghanistan, but is not + accepted by such security forces. + (2) Conditions on acceptance of equipment.--Before + accepting any equipment under paragraph (1), the Commander of + United States forces in Afghanistan shall make a determination + that the equipment was procured for the purpose of meeting + requirements of the security forces of Afghanistan, as agreed + to by both the Government of Afghanistan and the United States, + but is no longer required by such security forces or was + damaged before transfer to such security forces. + (3) Elements of determination.--In making a determination + under paragraph (2), the Commander of United States forces in + Afghanistan shall consider alternatives to acceptance of the + equipment by the Secretary. An explanation of each + determination, including the basis for the determination and + the alternatives considered, shall be included in the relevant + quarterly report under paragraph (5). + (4) Treatment as department of defense stocks.--Equipment + accepted under paragraph (1) may be treated as stocks of the + Department of Defense upon notification to the congressional + defense committees of such treatment. + (5) Quarterly reports on equipment disposition.-- + (A) In general.--Not later than 90 days after the + date of the enactment of this Act, and every 90-day + period thereafter during which the authority provided + by paragraph (1) is exercised, the Secretary shall + submit to the congressional defense committees a report + describing the equipment accepted during the period + covered by such report under the following: + (i) This subsection. + (ii) Section 1531(d) of the National + Defense Authorization Act for Fiscal Year 2014 + (Public Law 113-66; 127 Stat. 938; 10 U.S.C. + 2302 note). + (iii) Section 1532(b) of the Carl Levin and + Howard P. ``Buck'' McKeon National Defense + Authorization Act for Fiscal Year 2015 (Public + Law 113-291; 128 Stat. 3612). + (B) Elements.--Each report under subparagraph (A) + shall include a list of all equipment accepted during + the period covered by the report and treated as stocks + of the Department of Defense and copies of the + determinations made under paragraph (2), as required by + paragraph (3). + (e) Security of Afghan Women.-- + (1) In general.--Of the funds available to the Department + of Defense for the Afghanistan Security Forces Fund for fiscal + year 2020, it is the goal that $25,000,000, but in no event + less than $10,000,000, shall be used for-- + (A) the recruitment, integration, retention, + training, and treatment of women in the Afghan National + Defense and Security Forces; and + (B) the recruitment, training, and contracting of + female security personnel for future elections. + (2) Types of programs and activities.--Such programs and + activities may include-- + (A) efforts to recruit women into the Afghan + National Defense and Security Forces, including the + special operations forces; + (B) programs and activities of the Afghan Ministry + of Defense Directorate of Human Rights and Gender + Integration and the Afghan Ministry of Interior Office + of Human Rights, Gender, and Child Rights; + (C) development and dissemination of gender and + human rights educational and training materials and + programs within the Afghan Ministry of Defense and the + Afghan Ministry of Interior; + (D) efforts to address harassment and violence + against women within the Afghan National Defense and + Security Forces; + (E) improvements to infrastructure that address the + requirements of women serving in the Afghan National + Defense and Security Forces, including appropriate + equipment for female security and police forces, and + transportation for policewomen to their station; + (F) support for Afghan National Police Family + Response Units; and + (G) security provisions for high-profile female + police and army officers. + (f) Assessment of Efforts to Build Capacity in the Afghan National +Defense and Security Forces.-- + (1) Assessment required.--Not later than 90 days after the + date of the enactment of this Act, the Secretary of Defense, in + coordination with the Secretary of State, shall submit to the + Committee on Armed Services of the Senate and the Committee on + Armed Services of the House of Representatives an assessment + that describes the following: + (A) The integrated capacity development strategies + for-- + (i) the Ministry of Defense and the + Ministry of Interior of Afghanistan; and + (ii) the North Atlantic Treaty + Organization-led Train Advise Assist Commands + and Task Forces at the national and regional + levels in Afghanistan. + (B) An articulation of the key capabilities to be + developed and improved with respect to the Ministry of + Defense, the Ministry of Interior, and the North + Atlantic Treaty Organization-led Train Advise Assist + Commands and Task Forces, and the overall plan + (including timeframes, budgets, and specific + initiatives) to achieve the intended outcomes. + (C) The specific roles of Department of Defense- + funded advisors in building the capacity of the + Ministry of Defense and the Ministry of Interior of + Afghanistan and the Afghan National Defense and + Security Forces at the national and regional levels, + and the manner in which such roles align with the + development strategy referred to in subparagraph (A). + (D) The metrics used to assess progress on the + recruitment, integration, retention, training, and + treatment of women in the Afghan National Defense and + Security Forces, and a progress report on such + recruitment, integration, retention, training, and + treatment. + (E) An explanation of the assessment, monitoring, + and evaluation mechanisms in place to assess the + relevance, effectiveness, and sustainability of each + specific initiative and progress made toward the + intended outcomes identified under subparagraph (B). + (F) Any other matter the Secretary considers + appropriate. + +SEC. 1213. EXTENSION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM. + + Section 1201 of the National Defense Authorization Act for Fiscal +Year 2012 (Public Law 112-81; 125 Stat. 1619), as most recently amended +by the John S. McCain National Defense Authorization Act for Fiscal +Year 2019 (Public Law 115-232), is further amended-- + (1) in subsection (a), by striking ``December 31, 2019'' + and inserting ``December 31, 2020''; + (2) in subsection (b), by striking ``of fiscal years 2017 + through 2019'' and inserting ``for each of fiscal years 2017 + through 2020''; and + (3) in subsection (f), in the first sentence, by striking + ``December 31, 2019'' and inserting ``December 31, 2020''. + +SEC. 1214. EXTENSION AND MODIFICATION OF REIMBURSEMENT OF CERTAIN + COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES + MILITARY OPERATIONS. + + Section 1233(a) of the National Defense Authorization Act for +Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393), as most recently +amended by section 1225 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further +amended to read as follows: + ``(a) Authority.--From funds made available for the Department of +Defense for the period beginning on October 1, 2019, and ending on +December 31, 2020, for overseas contingency operations for operation +and maintenance, Defense-wide activities, the Secretary of Defense may +reimburse any key cooperating nation (other than Pakistan) for-- + ``(1) logistical and military support provided by that + nation to or in connection with United States military + operations in Afghanistan, Iraq, or Syria; and + ``(2) logistical, military, and other support, including + access, provided by that nation to or in connection with United + States military operations described in paragraph (1).''. + +SEC. 1215. SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT + OF AFGHANISTAN. + + (a) In General.--The Secretary of Defense may, with the concurrence +of the Secretary of State, provide covered support for reconciliation +activities to one or more designated persons or entities or Federal +agencies. + (b) Designation.--Not later than 15 days before the Secretary of +Defense designates an individual or organization as a designated person +or entity, the Secretary shall notify the congressional defense +committees of the intent of the Secretary to make such designation. + (c) Reimbursement.-- + (1) Designated persons or entities.--The Secretary of + Defense may provide covered support to a designated person or + entity on a reimbursable or nonreimbursable basis. + (2) Federal agencies.--The Secretary of Defense may provide + covered support to a Federal agency on a reimbursable or + nonreimbursable basis. + (d) Location of Covered Support.-- + (1) In general.--Except as provided in paragraph (2), the + Secretary of Defense may only provide covered support within + Afghanistan. + (2) Exception.--Notwithstanding paragraph (1), the + Secretary of Defense may provide covered support in Pakistan if + the Secretary determines, and certifies to the congressional + defense committees, that providing covered support in Pakistan + is in the national security interest of the United States. + (e) Notification.--Not later than 15 days before the date on which +the Secretary of Defense provides covered support to a nongovernmental +designated person or entity or provides covered support in Pakistan, +the Secretary shall submit to the congressional defense committees +written notice that includes the intended recipient of such covered +support and the specific covered support to be provided. + (f) Funding.-- + (1) Source of funds.--Amounts for covered support may only + be derived from amounts authorized to be appropriated for the + Department of Defense for operation and maintenance. + (2) Limitation.--Not more than $15,000,000 may be used for + nonreimbursable covered support. + (g) Rule of Construction.--Covered support shall not be construed +to violate section 2339, 2339A, or 2339B of title 18, United States +Code. + (h) Reports.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, and quarterly thereafter, the + Secretary of Defense shall, in coordination with the Secretary + of State, submit to the congressional defense committees a + report on covered support during the preceding 90-day period. + (2) Elements.--Each report under this subsection shall + include, for the preceding reporting period, the following: + (A) A summary of the ongoing reconciliation + activities for which covered support was provided. + (B) A description of the covered support, by class + or type, and the designated person or entity or Federal + agency that received each class or type of covered + support. + (C) The total dollar amount of each class or type + of covered support, including budget details. + (D) The intended duration of each provision of + covered support. + (E) Any other matter the Secretary of Defense + considers appropriate. + (i) Sunset.--The authority to carry out this section shall +terminate on December 31, 2020. + (j) Definitions.--In this section: + (1) Covered support.--The term ``covered support'' means + logistic support, supplies, and services (as defined in section + 2350 of title 10, United States Code) and security provided + under this section. + (2) Designated person or entity.-- + (A) In general.--The term ``designated person or + entity'' means an individual or organization designated + by the Secretary of Defense as necessary to facilitate + a reconciliation activity. + (B) Exclusion.--The term ``designated person or + entity'' does not include a Federal agency. + (3) Reconciliation activity.--The term ``reconciliation + activity'' means any activity intended to support, facilitate, + or enable a political settlement between the Government of + Afghanistan and the Taliban for the purpose of ending the war + in Afghanistan. + (4) Security.--The term ``security'' means any measure + determined by the Secretary of Defense to be necessary to + protect reconciliation activities from hostile acts. + +SEC. 1216. SENSE OF SENATE ON SPECIAL IMMIGRANT VISA PROGRAM FOR AFGHAN + ALLIES. + + It is the sense of the Senate that-- + (1) the special immigrant visa program for Afghan allies is + critical to the mission in Afghanistan and the long-term + interests of the United States; + (2) maintaining a robust special immigrant visa program for + Afghan allies is necessary to support United States Government + personnel in Afghanistan who need translation, interpretation, + security, and other services; + (3) Afghan allies routinely risk their lives to assist + United States military and diplomatic personnel; + (4) honoring the commitments made to Afghan allies with + respect to such special immigrant visa program is essential to + ensuring the continued service and safety of such allies; and + (5) an additional 4,000 visas should be made available to + principal aliens who are eligible for special immigrant status + under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 + note) to prevent harm to the operations of the United States + Government in Afghanistan. + + Subtitle C--Matters Relating to Syria, Iraq, and Iran + +SEC. 1221. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED + SYRIAN GROUPS. + + (a) Nature of Assistance.--Subsection (a) of section 1209 of the +Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization +Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541), as most +recently amended by section 1231(a) of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), is +further amended-- + (1) in the matter preceding paragraph (1), by striking + ``with a cost'' and all that follows through ``December 31, + 2019'' and inserting ``, and sustainment to appropriately + vetted Syrian groups and individuals, through December 31, + 2020''; + (2) in paragraph (1), by striking ``Islamic State of Iraq + and the Levant'' and all that follows through the period at the + end and inserting the following: ``Islamic State of Iraq and + Syria (ISIS).''; and + (3) by striking paragraphs (2) and (3) and inserting the + following new paragraphs: + ``(2) Securing territory formerly controlled by the Islamic + State of Iraq and Syria. + ``(3) Protecting the United States and its friends and + allies from the threats posed by the Islamic State of Iraq and + Syria, al Qaeda, and associated forces in Syria. + ``(4) Supporting the temporary detention and repatriation + of Islamic State of Iraq and Syria foreign terrorist fighters + in accordance with the laws of armed conflict and the United + Nations Convention Relating to the Status of Refugees, done at + Geneva July 28, 1951 (as made applicable by the Protocol + Relating to the Status of Refugees, done at New York January + 31, 1967 (19 UST 6223)).''. + (b) Scope of Quarterly Progress Reports.--Subsection (d) of such +section, as most recently amended by section 1223(b) of the National +Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 +Stat. 1653), is further amended to read as follows: + ``(d) Quarterly Progress Reports.-- + ``(1) In general.--Beginning on January 15, 2020, and every + 90 days thereafter, the Secretary of Defense, in coordination + with the Secretary of State, shall submit to the appropriate + congressional committees and leadership of the House of + Representatives and the Senate a progress report. + ``(2) Matters to be included.--Each progress report under + paragraph (1) shall include, based on the most recent quarterly + information, the following: + ``(A) A description of the appropriately vetted + recipients receiving assistance under subsection (a). + ``(B) A description of training, equipment, + supplies, stipends, and other support provided to + appropriately vetted recipients under subsection (a) + and a statement of the amount of funds expended for + such purposes during the period covered by the report. + ``(C) Any misuse or loss of provided training and + equipment and how such misuse or loss is being + mitigated. + ``(D) An assessment of the recruitment, throughput, + and retention rates of appropriately vetted recipients. + ``(E) An assessment of the operational + effectiveness of appropriately vetted recipients in + meeting the purposes specified in subsection (a). + ``(F) A description of United States Government + stabilization objectives and activities carried out in + areas formerly controlled by the Islamic State of Iraq + and Syria, including significant projects and funding + associated with such projects. + ``(G) A description of coalition contributions to + the purposes specified in subsection (a) and other + related stabilization activities. + ``(H) With respect to Islamic State of Iraq and + Syria foreign terrorist fighters-- + ``(i) an estimate of the number of such + individuals being detained by appropriately + vetted Syrian groups and individuals; + ``(ii) an estimate of the number of such + individuals that have been repatriated and the + countries to which such individuals have been + repatriated; and + ``(iii) a description of United States + Government support provided to facilitate the + repatriation of such individuals. + ``(I) An assessment of the extent to which + appropriately vetted Syrian groups and individuals have + enabled progress toward establishing inclusive, + representative, accountable, and civilian-led + governance and security structures in territories + liberated from the Islamic State of Iraq and Syria.''. + (c) Elimination of Reprogramming Requirement.--Such section is +further amended by striking subsection (f). + (d) Inclusion of Support for Stabilization Activities.--Such +section is further amended by inserting after subsection (e) the +following new subsection (f): + ``(f) Support for Stabilization Activities.-- + ``(1) In general.--The Secretary of Defense may, with the + concurrence of the Secretary of State and in consultation with + the Administrator of the United States Agency for International + Development, provide support for the stabilization activities + of the Department of State, the United States Agency for + International Development, and any other Federal agency on a + reimburseable or nonreimburseable basis. + ``(2) Types of support.--The support provided under + paragraph (1) may consist of-- + ``(A) logistic support, supplies, and services; or + ``(B) equipment.''. + (e) Per Project and Aggregate Cost Limitations for Construction and +Repair Projects.--Subsection (l) of such section, as added by section +1223(d) of the National Defense Authorization Act for Fiscal Year 2018 +(Public Law 115-91; 131 Stat. 1653), is amended to read as follows: + ``(l) Limitation on Cost of Construction and Repair Projects.-- + ``(1) In general.--The cost of construction and repair + projects carried out under this section may not exceed, in any + fiscal year-- + ``(A) $4,000,000 per project; or + ``(B) $12,000,000 in the aggregate. + ``(2) Foreign contributions.--The limitation under + paragraph (1) shall not apply to the expenditure of foreign + contributions in excess of the per-project or aggregate + limitation set forth in that paragraph.''. + (f) Inclusion of Limitation Pending Report.--Such section is +further amended by adding at the end the following new subsection: + ``(n) Limitation Pending Report.--None of the funds authorized to +be appropriated for fiscal year 2020 for the Department of Defense may +be obligated or expended for activities under this section until 30 +days after the date on which the Secretary of Defense submits an +unclassified report, with a classified annex if necessary, to the +congressional defense committees setting forth the following: + ``(1) A description of the efforts the United States will + undertake to train and equip appropriately vetted Syrian groups + and individuals for the purposes described in subsection (a). + ``(2) A detailed description of the appropriately vetted + Syrian groups and individuals to be trained and equipped under + this section, including a description of their geographical + locations, demographic profiles, political affiliations, and + current capabilities. + ``(3) A detailed description of planned capabilities, + including categories of training, equipment, financial support, + sustainment, and supplies, intended to be provided to + appropriately vetted Syrian groups and individuals under this + section, and timelines for delivery. + ``(4) A description of the planned posture of United States + forces and the planned level of engagement by such forces with + appropriately vetted Syrian groups and individuals, including + the oversight of equipment provided under this section and the + activities conducted by such appropriately vetted Syrian groups + and individuals. + ``(5) An explanation of the processes and mechanisms for + local commanders of such forces to exercise command and control + of the elements of the appropriately vetted Syrian groups and + individuals after such elements have been trained and equipped + under this section. + ``(6) A detailed explanation of the relationship between + appropriately vetted recipients and civilian governance + authorities and a description of efforts to ensure + appropriately vetted recipients are subject to the control of + competent civilian authorities.''. + +SEC. 1222. EXTENSION OF AUTHORITY AND LIMITATION ON USE OF FUNDS TO + PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ + AND SYRIA. + + (a) Extension.--Subsection (a) of section 1236 of the Carl Levin +and Howard P. ``Buck'' McKeon National Defense Authorization Act for +Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559), as most recently +amended by section 1233(a) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further +amended by striking ``December 31, 2020'' and inserting ``December 31, +2021''. + (b) Funding.--Subsection (g) of such section, as most recently +amended by section 1233(b) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019, is further amended-- + (1) by striking ``fiscal year 2019'' and inserting ``fiscal + year 2020''; and + (2) by striking ``$850,000,000'' and inserting + ``$645,000,000''. + (c) Limitation on Use of Funds.--Of the amounts authorized to be +appropriated for fiscal year 2020 by this Act for activities under such +section 1236, as amended by subsection (a), not more than $375,000,000 +may be obligated or expended for such activities until the date on +which the Secretary of Defense submits to the congressional defense +committees a report setting forth the following: + (1) An identification of the specific units of the Iraqi + Security Forces to receive training and equipment or other + support in fiscal year 2020. + (2) A plan for ensuring that any vehicles or equipment + provided to the Iraqi Security Forces pursuant to such + authority are maintained in subsequent fiscal years using funds + of Iraq. + (3) An estimate, by fiscal year, of the funding anticipated + to be required for support of the Iraqi Security Forces during + the five fiscal years beginning in fiscal year 2020. + (4) A plan for normalizing assistance to the Iraqi Security + Forces under chapter 16 of title 10, United States Code, + beginning in fiscal year 2020. + (5) A detailed plan for the obligation and expenditure of + the funds requested for fiscal year 2020 for the Department of + Defense for stipends. + (6) A plan for the transition to the Government of Iraq the + responsibility for funding for stipends for any fiscal year + after fiscal year 2020. + +SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT + OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY + COOPERATION IN IRAQ. + + (a) Authority.--Section 1215 of the National Defense Authorization +Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended-- + (1) by amending subsection (a) to read as follows: + ``(a) Authority.--The Secretary of Defense may support United +States Government security cooperation activities in Iraq by providing +funds for operations and activities of the Office of Security +Cooperation in Iraq.''; + (2) by striking subsection (f); + (3) in subsection (g)(2), by striking subparagraph (F); and + (4) by redesignating subsection (g) as subsection (f). + (b) Types of Support.--Subsection (b) of such section is amended by +striking ``life support, transportation and personal security, and +construction and renovation of facilities'' and inserting ``life +support, transportation, and personal security''. + (c) Amount Available.--Such section is further amended-- + (1) in subsection (c)-- + (A) by striking ``fiscal year 2019'' and inserting + ``fiscal year 2020''; and + (B) by striking ``$45,300,000'' and inserting + ``$30,000,000''; and + (2) in subsection (d), by striking ``fiscal year 2019'' and + inserting ``fiscal year 2020''. + (d) Coverage of Costs of the Office of Security Cooperation in +Iraq.--Subsection (e) of such section is amended by striking +``activities of security assistance teams in Iraq in connection with +such sale'' and inserting ``activities of the Office of Security +Cooperation in Iraq in excess of the amount set forth in subsection +(c)''. + +SEC. 1224. COORDINATOR OF UNITED STATES GOVERNMENT ACTIVITIES AND + MATTERS IN CONNECTION WITH DETAINEES WHO ARE MEMBERS OF + THE ISLAMIC STATE OF IRAQ AND SYRIA. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the President shall, in consultation with the +Secretary of Defense, the Secretary of State, the Director of National +Intelligence, and the Attorney General, designate an existing official +within the Executive Branch to serve as senior-level coordinator to +coordinate, in conjunction with the lead and other relevant agencies, +all matters for the United States Government relating to the long-term +disposition of members of the Islamic State of Iraq and Syria (ISIS) +and associated forces (in this section referred to as ``ISIS +detainees''), including all matters in connection with-- + (1) repatriation, transfer, prosecution, and intelligence- + gathering; and + (2) all multilateral and international engagements led by + the Department of State and other agencies that are related to + the current and future handling, detention, and prosecution of + ISIS detainees. + (b) Retention of Authority.--The appointment of a senior-level +coordinator pursuant to subsection (a) shall not deprive any agency of +any authority to independently perform functions of that agency. + (c) Annual Report.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, and not less frequently than once + each year thereafter through December 31, 2024, the individual + designated under subsection (a) shall submit to the appropriate + committees of Congress a detailed report regarding the + following ISIS detainees: + (A) Alexanda Kotey. + (B) El Shafee Elsheikh. + (C) Aine Lesley Davis. + (D) Umm Sayyaf. + (E) Any other high-value ISIS detainee that the + coordinator reasonably determines to be subject to + criminal prosecution in the United States. + (2) Elements.--The report under paragraph (1) shall + include, at a minimum, the following: + (A) A detailed description of the facilities where + ISIS detainees described in paragraph (1) are being + held. + (B) An analysis of all United States efforts to + prosecute ISIS detainees described in paragraph (1) and + the outcomes of such efforts. Any information, the + disclosure of which may violate Department of Justice + policy or law, relating to a prosecution or + investigation may be withheld from a report under + paragraph (1). + (C) A detailed description of any option to + expedite prosecution of any ISIS detainee described in + paragraph (1), including in a court of competent + jurisdiction outside of the United States. + (D) An analysis of factors on the ground in Syria + and Iraq that may result in the unintended release of + ISIS detainees described in paragraph (1), and an + assessment of any measures available to mitigate such + releases. + (E) A detailed description of all multilateral and + other international efforts or proposals that would + assist in the prosecution of ISIS detainees described + in paragraph (1). + (F) An analysis of all efforts between the United + States and partner countries within the Global + Coalition to Defeat ISIS or other countries to share + intelligence or evidence that may aid in the + prosecution of members of the Islamic State of Iraq and + Syria and associated forces, and any legal obstacles + that may hinder such efforts. + (G) An analysis of the manner in which the United + States Government communicates on such proposals and + efforts to the families of United States citizens + believed to be a victim of a criminal act by an ISIS + detainee. + (3) Form.--The report under paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on + Foreign Relations, the Committee on the Judiciary, the Select + Committee on Intelligence, and the Committee on Appropriations + of the Senate; and + (2) the Committee on Armed Services, the Committee on + Foreign Affairs, the Committee on the Judiciary, the Permanent + Select Committee on Intelligence, and the Committee on + Appropriations of the House of Representatives. + +SEC. 1225. REPORT ON LESSONS LEARNED FROM EFFORTS TO LIBERATE MOSUL AND + RAQQAH FROM CONTROL OF THE ISLAMIC STATE OF IRAQ AND + SYRIA. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on lessons learned from +coalition operations to liberate Mosul, Iraq, and Raqqah, Syria, from +control of the Islamic State of Iraq and Syria (ISIS). + (b) Elements.--The report required by subsection (a) shall include +a description of lessons learned in connection with each of the +following: + (1) Combat in densely populated urban environments. + (2) Enablement of partner forces, including unique aspects + of conducting combined operations with regular and irregular + forces. + (3) Advise, assist, and accompany efforts, including such + efforts conducted remotely. + (4) Integration of United States general purpose and + special operations forces. + (5) Integration of United States and international forces. + (6) Irregular and unconventional warfare approaches, + including the application of training and doctrine by special + operations and general purpose forces. + (7) Use of command, control, communications, computer, + intelligence, surveillance, and reconnaissance systems and + techniques. + (8) Logistics. + (9) Information operations. + (10) Targeting and weaponeering, including efforts to avoid + civilian casualties and other collateral damage. + (11) Facilitation of flows of internally displaced people + and humanitarian assistance. + (12) Such other matters as the Secretary considers + appropriate and could benefit training, doctrine, and + resourcing of future operations. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + + Subtitle D--Matters Relating to Europe and the Russian Federation + +SEC. 1231. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY + OF THE RUSSIAN FEDERATION OVER CRIMEA. + + (a) Prohibition.--None of the funds authorized to be appropriated +by this Act or otherwise made available for fiscal year 2020 for the +Department of Defense may be obligated or expended to implement any +activity that recognizes the sovereignty of the Russian Federation over +Crimea. + (b) Waiver.--The Secretary of Defense, with the concurrence of the +Secretary of State, may waive the prohibition under subsection (a) if +the Secretary of Defense-- + (1) determines that a waiver is in the national security + interest of the United States; and + (2) on the date on which the waiver is invoked, submits a + notification of the waiver and a justification of the reason + for seeking the waiver to-- + (A) the Committee on Armed Services and the + Committee on Foreign Relations of the Senate; and + (B) the Committee on Armed Services and the + Committee on Foreign Affairs of the House of + Representatives. + +SEC. 1232. PROHIBITION ON USE OF FUNDS FOR WITHDRAWAL OF ARMED FORCES + FROM EUROPE IN THE EVENT OF UNITED STATES WITHDRAWAL FROM + THE NORTH ATLANTIC TREATY. + + Notwithstanding any other provision of law, if the President +provides notice of withdrawal of the United States from the North +Atlantic Treaty, done at Washington D.C. April 4, 1949, pursuant to +Article 13 of the Treaty, during the one-year period beginning on the +date of such notice, no funds authorized to be appropriated by this Act +may be obligated, expended, or reprogrammed for the withdrawal of the +United States Armed Forces from Europe. + +SEC. 1233. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE + UNITED STATES AND THE RUSSIAN FEDERATION. + + Subsection (a) of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 130 Stat. 2488), as most recently +amended by section 1247 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further +amended in the matter preceding paragraph (1) by striking ``fiscal year +2017, 2018, or 2019'' and inserting ``fiscal year 2017, 2018, 2019, or +2020''. + +SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE + INITIATIVE. + + Section 1250 of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92; 129 Stat. 1068), as most recently amended +by section 1246 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232), is further amended-- + (1) in subsection (a), in the matter preceding paragraph + (1), by striking ``in coordination with the Secretary of + State'' and inserting ``with the concurrence of the Secretary + of State''; + (2) in subsection (b)-- + (A) by amending paragraph (11) to read as follows: + ``(11) Air defense and coastal defense radars, and systems + to support effective command and control and integration of air + defense and coastal defense capabilities.''; + (B) by redesignating paragraphs (14) and (15) as + paragraphs (15) and (16), respectively; + (C) by inserting after paragraph (13) the following + new paragraph (14): + ``(14) Coastal defense and anti-ship missile systems.''; + and + (D) in paragraph (15), as so redesignated, by + striking ``paragraphs (1) through (13)'' and inserting + ``paragraphs (1) through (14)''; + (3) in subsection (c), by amending paragraph (5) to read as + follows: + ``(5) Lethal assistance.--Of the funds available for fiscal + year 2020 pursuant to subsection (f)(5), $100,000,000 shall be + available only for lethal assistance described in paragraphs + (2), (3), (11), (12), and (14) of subsection (b).''; + (4) in subsection (f), by adding at the end the following + new paragraph: + ``(5) For fiscal year 2020, $300,000,000.''; and + (5) in subsection (h), by striking ``December 31, 2021'' + and inserting ``December 31, 2022''. + +SEC. 1235. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN EUROPEAN + NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL + EXERCISES. + + Subsection (h) of section 1251 of the National Defense +Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is +amended-- + (1) in the first sentence, by striking ``December 31, + 2020'' and inserting ``December 31, 2022''; and + (2) in the second sentence, by striking ``for for the + period beginning on October 1, 2015, and ending on December 31, + 2020'' and inserting ``for the period beginning on October 1, + 2015, and ending on December 31, 2022''. + +SEC. 1236. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO THE REPUBLIC OF + TURKEY. + + (a) Limitation.--Except as provided in subsection (b), none of the +funds authorized to be appropriated by this Act or otherwise made +available for the Department of Defense may be used to do the +following: + (1) Transfer, or facilitate the transfer of, F-35 aircraft + to the territory of the Republic of Turkey. + (2) Transfer equipment, intellectual property, or technical + data necessary for or related to the maintenance or support of + the F-35 aircraft in the territory of the Republic of Turkey. + (3) Construct facilities for or otherwise associated with + the storage of F-35 aircraft in the territory of the Republic + of Turkey. + (b) Waiver.--The Secretary of Defense, with the concurrence of the +Secretary of State, may waive the limitation under subsection (a) if +the Secretary of Defense and the Secretary of State submit to the +congressional defense committees, the Committee on Foreign Relations of +the Senate, and the Committee on Foreign Affairs of the House of +Representatives a certification that the Government of Turkey-- + (1) has not accepted delivery of the S-400 air and missile + defense system from the Russian Federation; and + (2) has provided reliable assurances that the Government of + Turkey will not accept delivery of the S-400 air and missile + defense system from the Russian Federation in the future. + +SEC. 1237. MODIFICATIONS OF BRIEFING, NOTIFICATION, AND REPORTING + REQUIREMENTS RELATING TO NON-COMPLIANCE BY THE RUSSIAN + FEDERATION WITH ITS OBLIGATIONS UNDER THE INF TREATY. + + (a) Briefing Requirement.--Section 1244(d) of the Carl Levin and +Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal +Year 2015 (Public Law 113-291; 128 Stat. 3565; 22 U.S.C. 2593a note)-- + (1) by striking ``At the time'' and inserting the + following: + ``(A) In general.--At the time''; and + (2) by adding at the end the following new subparagraph: + ``(B) Sunset.--The briefing requirement under + subparagraph (A) shall be in effect so long as the INF + Treaty remains in force.''. + (b) Notification Requirement Relating to Coordination With +Allies.--Section 1243(c) of the National Defense Authorization Act for +Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1601) is amended by +adding at the end the following new paragraph: + ``(3) Sunset.--The notification requirement under paragraph + (1) shall be in effect so long as the INF Treaty remains in + force.''. + (c) Notification Requirement Relating to Development, Deployment, +or Test of a System Inconsistent With INF Treaty.--Section 1244(a) of +the National Defense Authorization Act for Fiscal Year 2018 (Public Law +115-91; 131 Stat. 1673; 22 U.S.C. 2593a note) is amended by adding at +the end the following new paragraph: + ``(3) Sunset.--The notification requirement under paragraph + (1) shall be in effect so long as the INF Treaty remains in + force.''. + (d) Reporting Requirement Under Ukraine Freedom Support Act of +2014.--Section 10(c) of the Ukraine Freedom Support Act of 2014 (22 +U.S.C. 8929) is amended by adding at the end the following new +paragraph: + ``(3) Sunset.--The reporting requirement under paragraph + (1) shall be in effect so long as the INF Treaty remains in + force.''. + +SEC. 1238. EXTENSION AND MODIFICATION OF SECURITY ASSISTANCE FOR BALTIC + NATIONS FOR JOINT PROGRAM FOR INTEROPERABILITY AND + DETERRENCE AGAINST AGGRESSION. + + (a) Additional Defense Articles and Services.--Subsection (c) of +section 1279D of the National Defense Authorization Act for Fiscal Year +2018 (Public Law 115-91; 131 Stat. 1702; 22 U.S.C. 2753 note) is +amended-- + (1) by redesignating paragraph (5) as paragraph (6); and + (2) by inserting after paragraph (4) the following new + paragraph (5): + ``(5) Command, control, communications, computers, + intelligence, surveillance, and reconnaissance (C4ISR) + equipment.''. + (b) Funding.--Subsection (f) of such section is amended-- + (1) in paragraph (2), by striking ``$100,000,000'' and + inserting ``$125,000,000''; and + (2) by adding at the end the following new paragraph: + ``(3) Matching amount.--The amount of assistance provided + under subsection (a) for procurement described in subsection + (b) may not exceed the aggregate amount contributed to such + procurement by the Baltic nations.''. + (c) Extension.--Subsection (g) of such section is amended by +striking ``December 31, 2020'' and inserting ``December 31, 2022''. + +SEC. 1239. REPORT ON NORTH ATLANTIC TREATY ORGANIZATION READINESS + INITIATIVE. + + (a) Report.--Not later than October 1, 2020, the Secretary of +Defense shall submit to the congressional defense committees a report +on the North Atlantic Treaty Organization (NATO) Readiness Initiative, +which shall include assessments of the following: + (1) The number of units North Atlantic Treaty Organization + allies have pledged against the benchmark to provide an + additional 30 air attack squadrons, 30 naval combat vessels, + and 30 mechanized battalions ready to fight in not more than 30 + days. + (2) The procedure by which the North Atlantic Treaty + Organization certifies, reports, and ensures that the Supreme + Allied Commander Europe (SACEUR) maintains a detailed + understanding of the readiness of the forces described in + paragraph (1). + (3) The North Atlantic Treaty Organization plan to maintain + the readiness of such forces in future years. + (b) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + +SEC. 1240. REPORTS ON CONTRIBUTIONS TO THE NORTH ATLANTIC TREATY + ORGANIZATION. + + (a) In General.--Beginning in 2020, and annually thereafter through +2025, not later than 30 days after the date on which the annual report +of the Secretary General of the North Atlantic Treaty Organization for +the preceding calendar year is published, the Secretary of Defense, in +consultation with the Commander of United States European Command, +shall submit to the appropriate committees of Congress a report that +includes the following: + (1) A link to an electronic version of such annual report + of the Secretary General of the North Atlantic Treaty + Organization. + (2) A summary of the key findings of such annual report. + (3) A description of the significant financial + contributions by member countries of the North Atlantic Treaty + Organization that support the presence or operations of the + United States Armed Forces in Europe. + (4) An assessment of the progress of each member country of + the North Atlantic Treaty Organization toward meeting the North + Atlantic Treaty Organization capability targets for such member + country. + (5) An assessment of North Atlantic Treaty Organization + capability and capacity shortfalls that may be addressed + through investment by North Atlantic Treaty Organization member + countries that have not met the Defense Investment Pledge made + at the 2014 summit of the North Atlantic Treaty Organization in + Wales. + (6) A description of the contribution of each member + country of the North Atlantic Treaty Organization to the NATO + Readiness Initiative. + (7) A description of-- + (A) the personnel and financial contributions of + each member country of the North Atlantic Treaty + Organization to military or stability operations in + which the United States Armed Forces are a participant; + and + (B) any limitation placed by such member country on + the use of such contributions. + (8) An assessment of the compatibility and alignment of + United States and North Atlantic Treaty Organization + contingency plans, including recommendations to reduce the risk + of executing such plans. + (9) An assessment of current North Atlantic Treaty + Organization initiatives, and any recommendations for future + reforms or initiatives, to accelerate the speed of decision and + deployability of North Atlantic Treaty Organization forces. + (b) Form.--Each report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. + (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. + +SEC. 1241. FUTURE YEARS PLANS FOR EUROPEAN DETERRENCE INITIATIVE. + + (a) Plan Required.-- + (1) Initial plan.-- + (A) In general.--Not later than December 31, 2019, + the Secretary of Defense, in consultation with the + Commander of the United States European Command, shall + submit to the congressional defense committees a future + years plan on activities and resources of the European + Deterrence Initiative (EDI) for fiscal year 2020 and + not fewer than the four succeeding fiscal years. + (B) Matters to be included.--The plan required + under subparagraph (A) shall include the following: + (i) A description of the objectives of the + European Deterrence Initiative, including a + description of-- + (I) the intended force structure + and posture of the assigned and + allocated forces within the area of + responsibility of the United States + European Command for the last fiscal + year of the plan; and + (II) the manner in which such force + structure and posture support the + implementation of the National Defense + Strategy. + (ii) An assessment of capabilities + requirements to achieve the objectives of the + European Deterrence Initiative. + (iii) An assessment of logistics + requirements, including personnel, equipment, + supplies, storage, and maintenance needs, to + achieve the objectives of the European + Deterrence Initiative. + (iv) An identification of required + infrastructure and military construction + investments to achieve the objectives of the + European Deterrence Initiative, including + potential infrastructure investments by host + nations. + (v) An assessment of security cooperation + investments required to achieve the objectives + of the European Deterrence Initiative. + (vi) A plan to fully resource United States + force posture and capabilities, including-- + (I) a detailed assessment of the + resources necessary to address the + requirements described in clauses (i) + through (v), including specific cost + estimates for each project in the + European Deterrence Initiative to + support increased presence, exercises + and training, enhanced prepositioning, + improved infrastructure, and building + partnership capacity; and + (II) a detailed timeline to achieve + the intended force structure and + posture described in clause (i)(I). + (2) Subsequent plan.-- + (A) In general.--Not later than the date on which + the Secretary submits to Congress the budget request + for the Department of Defense for fiscal year 2021, the + Secretary, in consultation with the Commander of the + United States European Command, shall submit to the + congressional defense committees a future years plan on + activities and resources of the European Deterrence + Initiative for fiscal year 2021 and not fewer than the + four succeeding fiscal years. + (B) Matters to be included.--The plan required + under subparagraph (A) shall include-- + (i) the matters described in subparagraph + (B) of paragraph (1); and + (ii) a detailed explanation of any + significant modifications in requirements or + resources, as compared to the plan submitted + under that paragraph. + (b) Form.--The plans required under subsection (a) shall be +submitted in unclassified form, but may include a classified annex. + +SEC. 1242. MODIFICATION OF REPORTING REQUIREMENTS RELATING TO THE OPEN + SKIES TREATY. + + (a) Plan for Implementation Flights.--Section 1235(a) of the +National Defense Authorization Act for Fiscal Year 2018 (Public Law +115-91; 131 Stat. 1660) is amended-- + (1) in paragraph (1)-- + (A) by striking ``the President'' and inserting + ``the Secretary of Defense''; and + (B) by striking ``with respect to such fiscal + year'' and inserting ``with respect to the calendar + year in which the flight is to be conducted''; + (2) in paragraph (2), by striking ``during such fiscal + year'' and inserting ``during such calendar year''; and + (3) in paragraph (3), by striking ``with respect to a + fiscal year'' and inserting ``with respect to a calendar + year''. + (b) Quarterly Reports on Observation Flights by the Russian +Federation.-- + (1) In general.--Paragraph (1) of subsection (c) of section + 1236 of the National Defense Authorization Act for Fiscal Year + 2017 (Public Law 114-328; 130 Stat. 2491) is amended by + striking ``on a quarterly basis'' and inserting ``on an annual + basis''. + (2) Conforming amendment.--Such subsection is further + amended, in the subsection heading, by striking ``Quarterly'' + and inserting ``Annual''. + +SEC. 1243. REPORT ON NUCLEAR WEAPONS OF THE RUSSIAN FEDERATION AND + NUCLEAR MODERNIZATION OF THE PEOPLE'S REPUBLIC OF CHINA. + + (a) In General.--Not later than February 15, 2020, the Secretary of +Defense, in coordination with the Director of National Intelligence and +the Secretary of State, shall submit to the appropriate committees of +Congress a report that includes the following: + (1) An assessment of the deployed nuclear weapons of the + Russian Federation not covered by the New START Treaty. + (2) An assessment of the nuclear weapons of the Russian + Federation in development that would not be covered by the New + START Treaty. + (3) An assessment of the strategic nuclear weapons of the + Russian Federation that are not deployed. + (4) An assessment of the efforts of the People's Republic + of China with respect to nuclear modernization. + (5) The implications of such assessments with respect to + the limitations on strategic weapons of the United States and + the Russian Federation under the New START Treaty. + (b) Form.--The report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. + (c) Definitions.--In this section: + (1) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services, the Select + Committee on Intelligence, and the Committee on Foreign + Relations of the Senate; and + (B) the Committee on Armed Services, the Permanent + Select Committee on Intelligence, and the Committee on + Foreign Affairs 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 on April 8, 2010, and + entered into force on February 5, 2011. + +SEC. 1244. SENSE OF SENATE ON THE 70TH ANNIVERSARY OF THE NORTH + ATLANTIC TREATY ORGANIZATION. + + Commemorating the 70th anniversary of the North Atlantic Treaty +Organization (NATO), the Senate-- + (1) recognizes the North Atlantic Treaty Organization as + the most successful military alliance in history, founded on + the principles of democracy, individual liberty, and the rule + of law; + (2) commends the singular contributions of the North + Atlantic Treaty Organization to the security, prosperity, and + freedom of its members; + (3) upholds membership in the North Atlantic Treaty + Organization as a cornerstone of the security and national + defense of the United States; + (4) affirms the ironclad commitment of the United States to + uphold its obligations under the North Atlantic Treaty, + including under Article 5 of such treaty; + (5) honors the contributions of North Atlantic Treaty + Organization allies to the security of the United States, + including the invocation of Article 5 of the North Atlantic + Treaty after the September 11, 2001, terrorist attacks against + the United States; + (6) urges North Atlantic Treaty Organization allies to + uphold their obligations under Article 3 of the North Atlantic + Treaty to ``maintain and develop their individual and + collective capacity to resist armed attack'' by honoring the + Defense Investment Pledge made at the Wales Summit in 2014; + (7) notes the commitment of North Atlantic Treaty + Organization allies to contribute to strengthening their free + institutions, bringing about a better understanding of the + principles on which such institutions are founded and promoting + conditions of stability and well-being; and + (8) welcomes efforts to reform and modernize the North + Atlantic Treaty Organization to meet current and future + threats, including though accelerated modernization, improved + readiness, command structure adaptation, and increased speed of + alliance decision-making. + +SEC. 1245. SENSE OF SENATE ON UNITED STATES FORCE POSTURE IN EUROPE AND + THE REPUBLIC OF POLAND. + + It is the sense of the Senate that-- + (1) the 2018 National Defense Strategy identifies long-term + strategic competition with the Russian Federation as a + principal priority for the Department of Defense that requires + increased and sustained investment; + (2) despite significant progress through the European + Deterrence Initiative, the current force posture of the United + States is not yet sufficient to support the National Defense + Strategy; + (3) due to the geostrategic location and capabilities of + the armed forces of the Republic of Poland, the Republic of + Poland is critical to deterring, defending against, and + defeating Russian aggression against North Atlantic Treaty + Organization allies in Central and Eastern Europe; and + (4) the United States should increase the persistent + presence of United States forces in the Republic of Poland, + including key combat enabler units such as warfighting + headquarters elements-- + (A) to enhance deterrence against Russian + aggression; and + (B) to reduce the risk of executing Department of + Defense contingency plans. + +SEC. 1246. SENSE OF SENATE ON UNITED STATES PARTNERSHIP WITH THE + REPUBLIC OF GEORGIA. + + It is the sense of the Senate that the United States should-- + (1) promote the enduring strategic partnership of the + United States with the Republic of Georgia; + (2) support robust security sector assistance for the + Republic of Georgia, including defensive lethal assistance-- + (A) to strengthen the defense capabilities and + readiness of the Republic of Georgia; + (B) to improve interoperability with North Atlantic + Treaty Organization (NATO) forces; and + (C) to bolster deterrence against aggression by the + Russian Federation; + (3) enhance security in the Black Sea region by increasing + engagement and security cooperation with Black Sea countries, + including by increasing the frequency, scale, and scope of + North Atlantic Treaty Organization and other multilateral + exercises in the Black Sea region with the participation of the + Republic of Georgia and Ukraine; and + (4) affirm support for the North Atlantic Treaty + Organization open door policy, including the eventual + membership of the Republic of Georgia in the North Atlantic + Treaty Organization. + + Subtitle E--Matters Relating to the Indo-Pacific Region + +SEC. 1251. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF + MEMBERS OF THE ARMED FORCES IN THE TERRITORY OF THE + REPUBLIC OF KOREA. + + None of the funds authorized to be appropriated by this Act may be +used to reduce the total number of members of the Armed Forces in the +territory of the Republic of Korea below 28,500 until 90 days after the +date on which the Secretary of Defense certifies to the congressional +defense committees the following: + (1) Such a reduction is in the national security interest + of the United States and will not significantly undermine the + security of United States allies in the region. + (2) Such a reduction is commensurate with a reduction in + the threat posed to the security of the United States and its + allies in the region by the conventional military forces of the + Democratic People's Republic of Korea. + (3) The Secretary has appropriately consulted with allies + of the United States, including the Republic of Korea and + Japan, regarding such a reduction. + +SEC. 1252. EXPANSION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE. + + Section 1263(b) of the National Defense Authorization Act for +Fiscal Year 2016 (10 U.S.C. 333 note) is amended by adding at the end +the following new paragraphs: + ``(8) The Federated States of Micronesia. + ``(9) The Kingdom of Tonga. + ``(10) Papua New Guinea. + ``(11) The Republic of Fiji. + ``(12) The Republic of the Marshall Islands. + ``(13) The Republic of Palau. + ``(14) The Republic of Vanuatu. + ``(15) The Solomon Islands.''. + +SEC. 1253. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY + DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA. + + Paragraph (26) of section 1202(b) of the National Defense +Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended +to read as follows: + ``(26) The relationship between Chinese overseas + investment, including the Belt and Road Initiative and the + Digital Silk Road, and Chinese security and military strategy + objectives, including-- + ``(A) an assessment of Chinese investments or + projects likely, or with significant potential, to be + converted into military assets of the People's Republic + of China; + ``(B) an assessment of Chinese investments or + projects of greatest concern with respect to United + States national security interests; + ``(C) a description of any Chinese investment or + project linked to military cooperation with the country + in which the investment or project is located, such as + cooperation on satellite navigation or arms production; + and + ``(D) an assessment of any Chinese investment or + project, and any associated agreement, that-- + ``(i) presents significant financial risk + for the country in which the investment or + project is located; or + ``(ii) may undermine the sovereignty of + such country.''. + +SEC. 1254. REPORT ON RESOURCING UNITED STATES DEFENSE REQUIREMENTS FOR + THE INDO-PACIFIC REGION. + + (a) Report Required.-- + (1) In general.--Not later than January 31, 2020, the + Commander of United States Indo-Pacific Command shall submit to + the congressional defense committees a report containing the + independent assessment of the Commander with respect to the + activities and resources required, for fiscal years 2022 + through 2026, to achieve the following objectives: + (A) The implementation of the National Defense + Strategy with respect to the Indo-Pacific region. + (B) The maintenance or restoration of the + comparative military advantage of the United States + with respect to the People's Republic of China. + (C) The reduction of the risk of executing + contingency plans of the Department of Defense. + (2) Matters to be included.--The report required under + paragraph (1) shall include the following: + (A) A description of the intended force structure + and posture of assigned and allocated forces within the + area of responsibility of United States Indo-Pacific + Command for fiscal year 2026 to achieve the objectives + described in paragraph (1). + (B) An assessment of capabilities requirements to + achieve such objectives. + (C) An assessment of logistics requirements, + including personnel, equipment, supplies, storage, and + maintenance needs to achieve such objectives. + (D) An identification of required infrastructure + and military construction investments to achieve such + objectives. + (E) An assessment of security cooperation + activities or resources required to achieve such + objectives. + (F) A plan to fully resource United States force + posture and capabilities, including-- + (i) a detailed assessment of the resources + necessary to address the elements described in + subparagraphs (A) through (E), including + specific cost estimates for priority + investments or projects-- + (I) to increase joint force + lethality; + (II) to enhance force design and + posture; + (III) to support a robust exercise, + experimentation, and innovation + program; and + (IV) to strengthen cooperation with + allies and partners; and + (ii) a detailed timeline to achieve the + intended force structure and posture described + in subparagraph (A). + (3) Form.--The report required under paragraph (1) may be + submitted in classified form, but shall include an unclassified + summary. + (4) Availability.--On submittal of the report to the + congressional defense committees, the Commander of United + States Indo-Pacific Command shall make the report available to + the Secretary of Defense, the Director of Cost Assessment and + Program Evaluation, the Chairman of the Joint Chiefs of Staff, + the Secretaries of the military departments, and the chiefs of + staff of each military service. + (b) Briefings Required.-- + (1) Initial briefing.--Not later than March 15, 2020, the + Secretary of Defense, the Director of Cost Assessment and + Program Evaluation, and the Chairman of the Joint Chiefs of + Staff shall provide to the congressional defense committees a + joint briefing, and documents as appropriate, with respect to + their assessments of the report submitted under subsection (a), + including their assessments of the feasibility and advisability + of the plan required by paragraph (2)(F) of that subsection. + (2) Subsequent briefing.--Not later than March 31, 2020, + the Secretary of the Air Force, the Secretary of the Army, and + the Secretary of the Navy shall provide to the congressional + defense committees a joint briefing, and documents as + appropriate, with respect to their assessments of the report + submitted under subsection (a), including their assessments of + the feasibility and advisability of the plan required by + paragraph (2)(F) of that subsection. + +SEC. 1255. REPORT ON DISTRIBUTED LAY-DOWN OF UNITED STATES FORCES IN + THE INDO-PACIFIC REGION. + + (a) Review.--Acknowledging the pressing need to reduce the presence +of the United States Marine Corps on Okinawa, Japan, and to accelerate +adjustments to United States force posture in the Indo-Pacific region, +the Secretary of Defense, in consultation with the Government of Japan +and other foreign governments as necessary, shall conduct a review of +the planned distribution of members of the United States Armed Forces +in Okinawa, Guam, Hawaii, Australia, and elsewhere that is contemplated +in support of the joint statement of the United States-Japan Security +Consultative Committee issued April 26, 2012, in the District of +Columbia (April 27, 2012, in Tokyo, Japan) and revised on October 3, +2013, in Tokyo, hereafter referred to as the ``distributed lay-down''. + (b) Elements.--The review required by subsection (a) shall include +an updated analysis of the distributed lay-down, including-- + (1) an assessment of the impact of the distributed lay-down + on the ability of the Armed Forces to respond to current and + future contingencies in the area of responsibility of United + States Indo-Pacific Command that reflects contingency plans of + the Department of the Defense; + (2) the projected total cost, including any past or + projected changes in cost; + (3) a description of the adequacy of current and expected + training resources at each location associated with the + distributed lay-down, including the ability to train against + the full spectrum of threats from near-peer or peer threats any + projected limitations due to political, environmental, or other + limiting factors; + (4) an assessment of political support for United States + force presence from host countries and local communities and + populations; + (5) an analysis of growth potential for increased force + size or training; and + (6) an updated and detailed description of any military + construction projects required to execute the distributed lay- + down. + (c) Certification.--Not later than 15 days after the completion of +the review required by subsection (a), the Secretary of Defense shall +submit to the congressional defense committees-- + (1) a certification that the Department of Defense will + continue implementation of the distributed lay-down; or + (2) a notification that the Department of Defense intends + to seek revisions to the distributed lay-down in consultation + with the Government of Japan. + (d) Report.--Not later than 120 days after the completion of the +review required by subsection (a), the Secretary of Defense shall +provide the congressional defense committees a report on the results of +the review, including-- + (1) a detailed description of any recommendations for + revisions to the distributed lay-down such as alternative + locations for basing in Alaska, Hawaii, the continental United + States, Japan, and Oceania; and + (2) an assessment of the results of the review and + recommendations described in paragraph (1) by the Chairman of + the Joint Chiefs of Staff. + (e) Comptroller General Report.--Not later than 120 days after the +submission of the report required by subsection (d), the Comptroller +General of the United States shall submit to the congressional defense +committees a report containing an analysis of the current status of the +distributed lay-down, the review described in subsection (a), and the +report described in subsection (d). + +SEC. 1256. SENSE OF SENATE ON THE UNITED STATES-JAPAN ALLIANCE AND + DEFENSE COOPERATION. + + It is the sense of the Senate that-- + (1) the United States-Japan alliance remains the + cornerstone of peace and security for a free and open Indo- + Pacific region; + (2) although the United States Government does not take a + position on sovereignty of the Senkaku Islands, the United + States acknowledges that the islands are under the + administration of Japan and opposes any unilateral actions that + would seek to undermine their administration by Japan; + (3) the unilateral actions of a third party will not affect + United States acknowledgment of the administration of Japan + over the Senkaku Islands, and the United States remains + committed under the Treaty of Mutual Cooperation and Security + with Japan to respond to any armed attack in the territories + under the administration of Japan; + (4) Japan continues to make contributions to regional + security and prosperity that make the United States safer and + more prosperous; + (5) the Government of Japan has played a critical + leadership role in promoting a free and open Indo-Pacific, + which is a primary objective of United States national security + policy, including through its efforts concerning trade, + investment, energy, rule of law, and good governance; + (6) the Government of Japan has been instrumental improving + cooperation between the United States, Japan, Australia, and + India as well as improving relations with countries in the + Association of Southeast Asian Nations; + (7) the Government of Japan has been a strong supporter of + United States efforts to achieve the complete and verifiable + denuclearization of North Korea, and has played a leading role + in enforcing United Nations Security Council Resolution + sanctions against North Korea; + (8) the Government of Japan has taken significant steps to + enhance military capabilities for its own defense while + increasing its contributions to collective security, including + through passage of legislation concerning collective self- + defense, the publication of the National Defense Program + Guidelines and the Mid-Term Defense Program, and record + investments in advanced defense capabilities in the maritime, + air, space, and cyber domains; + (9) while it should continue to increase its defense + spending in order to make a greater contribution to allied + defense capabilities, the Government of Japan has made among + the most significant ``burden sharing'' contributions of any + United States ally, including through direct cost sharing, + paying for the realignment of United States forces currently + stationed in Okinawa, community support, and other alliance- + related expenditures; + (10) upcoming negotiations concerning a new Special + Measures Agreement between the United States and Japan should + be conducted in a spirit consistent with prior negotiations on + the basis of common interest and mutual respect; and + (11) the United States and Japan should take actions to + enhance United States-Japan defense cooperation, including + through increased use of combined bases for allied operations, + further integration of allied command structures, consideration + of the establishment of a combined joint task force, enhanced + combined contingency planning for both conventional conflict + and so-called ``gray zone'' incidents, and opportunities for + co-development of defense equipment and technology cooperation. + +SEC. 1257. SENSE OF SENATE ON ENHANCEMENT OF THE UNITED STATES-TAIWAN + DEFENSE RELATIONSHIP. + + It is the sense of the Senate that-- + (1) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and + the ``Six Assurances'' are both cornerstones of United States + relations with Taiwan; + (2) the United States should strengthen defense and + security cooperation with Taiwan to support the development of + capable, ready, and modern defense forces necessary for Taiwan + to maintain a sufficient self-defense capability; + (3) the United States should strongly support the + acquisition by Taiwan of defense articles and services through + foreign military sales, direct commercial sales, and industrial + cooperation, with an emphasis on anti-ship, coastal defense, + anti-armor, air defense, undersea warfare, advanced command, + control, communications, computer, intelligence, surveillance, + and reconnaissance (C4ISR), and resilient command and control + capabilities that support the asymmetric defense strategy of + Taiwan; + (4) the President and Congress should determine the nature + and quantity of such defense articles and services based solely + upon their judgment of the needs of Taiwan as required by the + Taiwan Relations Act; + (5) the United States should continue efforts to improve + the predictability of United States arms sales to Taiwan by + ensuring timely review of and response to requests of Taiwan + for defense articles and services; + (6) the Secretary of Defense should promote policies + concerning exchanges that enhance the security of Taiwan + including-- + (A) opportunities with Taiwan for practical + training and military exercises that-- + (i) enable Taiwan to maintain a sufficient + self-defense capability, as described in + section 3(a) of the Taiwan Relations Act (22 + U.S.C. 3302(a)); and + (ii) emphasize capabilities consistent with + the asymmetric defense strategy of Taiwan; + (B) exchanges between senior defense officials and + general officers of the United States and Taiwan, + consistent with the Taiwan Travel Act (Public Law 115- + 135), especially for the purpose of enhancing + cooperation on defense planning and improving the + interoperability of United States and Taiwan forces; + and + (C) opportunities for exchanges between junior + officers and senior enlisted personnel of the United + States and Taiwan; + (7) the United States and Taiwan should expand cooperation + in humanitarian assistance and disaster relief; + (8) the Secretary of Defense should consider supporting the + visit of a United States hospital ship to Taiwan as part of the + annual ``Pacific Partnership'' mission, as well as the + participation of Taiwan medical vessels in appropriate + exercises with the United States, in order to improve disaster + response planning and preparedness; and + (9) the Secretary of Defense should continue regular + transits of United States Navy vessels through the Taiwan + Strait, commend the armed forces of France for their April 6, + 2019, legal transit of the Taiwan Strait, and encourage allies + and partners to follow suit in conducting such transits, in + order to demonstrate the commitment of the United States and + its allies and partners to fly, sail, and operate anywhere + international law allows. + +SEC. 1258. SENSE OF SENATE ON UNITED STATES-INDIA DEFENSE RELATIONSHIP. + + It is the sense of the Senate that the United States should +strengthen and enhance its major defense partnership with India and +work toward the following mutual security objectives: + (1) Expanding engagement in multilateral frameworks, + including the quadrilateral dialogue among the United States, + India, Japan, and Australia, to promote regional security and + defend shared values and common interests in the rules-based + order. + (2) Increasing the frequency and scope of exchanges between + senior civilian officials and military officers of the United + States and India to support the development and implementation + of the major defense partnership. + (3) Exploring additional steps to implement the major + defense partner designation to better facilitate + interoperability, information sharing, and appropriate + technology transfers. + (4) Pursuing strategic initiatives to help develop the + defense capabilities of India. + (5) Conducting additional combined exercises with India in + the Persian Gulf, Indian Ocean, and western Pacific regions. + (6) Furthering cooperative efforts to promote stability and + security in Afghanistan. + +SEC. 1259. SENSE OF SENATE ON SECURITY COMMITMENTS TO THE GOVERNMENTS + OF JAPAN AND THE REPUBLIC OF KOREA AND TRILATERAL + COOPERATION AMONG THE UNITED STATES, JAPAN, AND THE + REPUBLIC OF KOREA. + + It is the sense of the Senate that-- + (1) the United States remains committed to its alliances + with Japan and the Republic of Korea, which are-- + (A) the cornerstones of peace and stability in the + Indo-Pacific region; and + (B) based on the shared values of democracy, the + rule of law, free and open markets, and respect for + human rights; + (2) cooperation among the United States, Japan, and the + Republic of Korea is essential for confronting global + challenges, including-- + (A) preventing the proliferation of weapons of mass + destruction; + (B) combating piracy; + (C) assisting victims of conflict and disaster + worldwide; + (D) protecting maritime security; and + (E) ensuring freedom of navigation, commerce, and + overflight in the Indo-Pacific region; + (3) the United States, Japan, and the Republic of Korea + share deep concern that the nuclear and ballistic missile + programs, the conventional military capabilities, and the + chemical and biological weapons programs of the Democratic + People's Republic of Korea, together with the long history of + aggression and provocation by the Democratic People's Republic + of Korea, pose grave threats to peace and stability on the + Korean Peninsula and in the Indo-Pacific region; + (4) the United States welcomes greater security cooperation + with and between Japan and the Republic of Korea to promote + mutual interests and address shared concerns, including-- + (A) the bilateral military intelligence-sharing + pact between Japan and the Republic of Korea, signed on + November 23, 2016; and + (B) the trilateral intelligence sharing agreement + among the United States, Japan, and the Republic of + Korea, signed on December 29, 2015; and + (5) recognizing that the security of the United States, + Japan, and the Republic of Korea are intertwined because they + face common threats, including from the Democratic People's + Republic of Korea, the United States welcomes and encourages + deeper trilateral defense coordination and cooperation, + including through expanded exercises, training, senior-level + exchanges, and information sharing. + +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; and + (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. + +SEC. 1261. SENSE OF SENATE ON ENHANCING DEFENSE AND SECURITY + COOPERATION WITH THE REPUBLIC OF SINGAPORE. + + It is the sense of the Senate that-- + (1) the United States and the Republic of Singapore have + built a strong, enduring, and forward-looking strategic + partnership based on long-standing and mutually beneficial + cooperation, including through security, defense, economic, and + people-to-people ties; + (2) robust security cooperation between the United States + and the Republic of Singapore is crucial to promoting peace and + stability in the Indo-Pacific region; + (3) the status of the Republic of Singapore as a major + security cooperation partner of the United States, as + recognized in the 2005 Strategic Framework Agreement between + the United States and the Republic of Singapore for a Closer + Partnership in Defense and Security, plays an important role in + the global network of strategic partnerships, especially in + promoting maritime security and countering terrorism; + (4) the United States highly values the Republic of + Singapore's provision of access to its military facilities, + which supports the continued security presence of the United + States in Southeast Asia and across the Indo-Pacific region; + (5) the United States should continue to welcome the + presence of the Singapore Armed Forces in the United States for + exercises and training, and should consider opportunities to + expand such activities at additional locations in the United + States, as appropriate; and + (6) as the United States and the Republic of Singapore + negotiate the renewal of the 1990 Memorandum of Understanding + Regarding the United States Use of Facilities in Singapore, the + United States should-- + (A) continue to enhance defense and security + cooperation with the Republic of Singapore to promote + peace and stability in the Indo-Pacific region based on + common interests and shared values; + (B) reinforce the status of the Republic of + Singapore as a major security cooperation partner of + the United States; + (C) enhance defense cooperation in the military, + policy, strategic, and technological spheres, + especially concerning maritime security and + counterterrorism, counterpiracy, humanitarian + assistance and disaster relief, cybersecurity, and + biosecurity; and + (D) explore additional steps to better facilitate + military interoperability and information sharing + through appropriate technology transfers. + + Subtitle F--Reports + +SEC. 1271. REPORT ON COST IMPOSITION STRATEGY. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report describing the cost +imposition strategies of the Department of Defense with respect to the +People's Republic of China and the Russian Federation. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) A description of the manner in which the future-years + defense program and current operational concepts of the + Department are designed to impose costs on the People's + Republic of China and the Russian Federation, including-- + (A) political, economic, monetary, human capital, + and technology costs; and + (B) costs associated with military efficiency and + effectiveness. + (2) A description of the policies and processes of the + Department relating to the development and execution of cost + imposition strategies. + (c) Form.--The report under subsection (a) shall be submitted in +classified form, and shall include an unclassified summary. + + Subtitle G--Other Matters + +SEC. 1281. NATO SPECIAL OPERATIONS HEADQUARTERS. + + Section 1244 of the National Defense Authorization Act for Fiscal +Year 2010 (Public Law 111-84; 123 Stat. 2541), as most recently amended +by section 1280 of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92; 129 Stat. 1080), is further amended-- + (1) in subsection (a), by striking ``each of fiscal years + 2013 through 2020'' and inserting ``each of fiscal years 2013 + through 2025''; + (2) by striking subsection (c); and + (3) by redesignating subsection (d) as subsection (c). + +SEC. 1282. MODIFICATIONS OF AUTHORITIES RELATING TO ACQUISITION AND + CROSS-SERVICING AGREEMENTS. + + (a) Reimbursement for Cost of Logistic Support, Supplies, and +Services.--Subsection (a) of section 2342 of title 10, United States +Code, is amended-- + (1) in paragraph (2), by striking ``in return for'' and all + that follows through the period at the end and inserting the + following: ``in return for-- + ``(A) the reciprocal provisions of logistic + support, supplies, and services by such government or + organization to elements of the armed forces; or + ``(B) cash reimbursement for the fully burdened + cost of the logistic support, supplies, and services + provided by the United States.''; and + (2) by adding at the end the following new paragraphs: + ``(3) A reciprocal transaction for logistic support, + supplies, and services shall be reconciled not later than one + year after the date on which the transaction occurs, at which + time the Secretary of Defense shall seek cash reimbursement for + the fully burdened cost of the logistic support, supplies, and + services provided by the United States that has not been offset + by the value of the logistic support, supplies, and services + provided by the recipient government or organization. + ``(4) An agreement entered into under this section shall + require any accrued credits or liabilities resulting from an + unequal exchange of logistic support, supplies, and services to + be liquidated not less frequently than once every five + years.''. + (b) Designation and Notice of Intent to Enter Into Agreement With +Non-NATO Country.--Subsection (b) of such section is amended to read as +follows: + ``(b)(1) The Secretary of Defense may not designate a country for +an agreement under this section unless-- + ``(A) the Secretary, after consultation with the Secretary + of State, determines that the designation of such country for + such purpose is in the interest of the national security of the + United States; and + ``(B) in the case of a country that is not a member of the + North Atlantic Treaty Organization, the Secretary submits to + the appropriate committees of Congress notice of the intended + designation not less than 30 days before the date on which such + country is designated by the Secretary under subsection (a). + ``(2) In the case of a country that is not a member of the North +Atlantic Treaty Organization, the Secretary of Defense may not enter +into an agreement under this section unless the Secretary submits to +the appropriate committees of Congress a notice of intent to enter into +such an agreement not less than 30 days before the date on which the +Secretary enters into the agreement.''. + (c) Oversight and Monitoring Responsibilities.--Such section is +further amended-- + (1) by redesignating subsections (f) through (h) as + subsections (g) through (i), respectively; and + (2) by inserting after subsection (e) the following new + subsection (f): + ``(f)(1) The Under Secretary of Defense for Policy shall have +primary responsibility within the Office of the Secretary of Defense +for oversight of agreements entered into and activities carried out +under the authority of this subchapter. + ``(2) The Director of the Defense Security Cooperation Agency shall +have primary responsibility for-- + ``(A) monitoring the implementation of such agreements; and + ``(B) accounting for logistic support, supplies, and + services received or provided under such authority.''. + (d) Regulations.--Subsection (g) of such section, as redesignated +by subsection (c)(1), is amended to read as follows: + ``(g)(1) Not later than 90 days after the date of the enactment of +this Act, the Secretary of Defense shall prescribe regulations to +ensure that-- + ``(A) contracts entered into under this subchapter are free + from self-dealing, bribery, and conflict of interests; + ``(B) adequate processes and controls are in place to + provide for the accurate accounting of logistic support, + supplies, and services received or provided under the authority + of this subchapter; and + ``(C) personnel responsible for accounting for logistic + support, supplies, and services received or provided under such + authority are fully trained and aware of such responsibilities. + ``(2)(A) Not later than 270 days after the issuance of the + regulations under paragraph (1), the Comptroller General of the + United States shall conduct a review of the implementation by + the Secretary of such regulations. + ``(B) The review conducted under subparagraph (A) shall-- + ``(i) assess the effectiveness of such regulations + and the implementation of such regulations to ensure + the effective management and oversight of an agreement + under subsection (a)(1); and + ``(ii) include any other matter the Comptroller + General considers relevant.''. + (e) Reports.--Subsection (h) of such section, as redesignated by +subsection (c)(1), is amended-- + (1) in paragraph (1), by inserting ``in effect'' and + inserting ``that have entered into force or were applied + provisionally''; + (2) in paragraph (2)-- + (A) by striking ``date on which the Secretary'' and + all that follows through the period at the end and + inserting ``dates on which the Secretary notified + Congress-- + ``(A) pursuant to subsection (b)(1)(B) of the + designation of such country under subsection (a); and + ``(B) pursuant to subsection (b)(2) of the intent + of the Secretary to enter into the agreement.''; + (3) by amending paragraph (3) to read as follows: + ``(3) With respect to each such agreement, the dollar + amounts of-- + ``(A) each class or type of logistic support, + supplies, and services provided in the preceding fiscal + year; and + ``(B) reciprocal provisions of logistic support, + supplies, and services, or cash reimbursements, + received in such fiscal year.''; + (4) by amending paragraph (4) to read as follows: + ``(4) With respect to each such agreement, the dollar + amounts of-- + ``(A) each class or type of logistic support, + supplies, and services received; and + ``(B) reciprocal provisions of logistic support, + supplies, and services, or cash reimbursements + provided.''; + (5) by striking paragraph (5); and + (6) by adding at the end the following new paragraphs: + ``(5) With respect to any transaction for logistic support, + supplies, and services that has not been reconciled more than + one year after the date on which the transaction occurred, a + description of the transaction that includes the following: + ``(A) The date on which the transaction occurred. + ``(B) The country or organization to which logistic + support, supplies, and services were provided. + ``(C) The value of the transaction. + ``(6) An explanation of any waiver granted under section + 2347(c) during the preceding fiscal year, including an + identification of the relevant contingency operation or non- + combat operation.''. + +SEC. 1283. MODIFICATION OF AUTHORITY FOR UNITED STATES-ISRAEL ANTI- + TUNNEL COOPERATION ACTIVITIES. + + (a) In General.--Subsection (a) of section 1279 of the National +Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is +amended, in the first sentence, by striking ``and to establish +capabilities for countering unmanned aerial systems''. + (b) Exception to Matching Contribution Requirement.--Subsection +(b)(3) of such section is amended-- + (1) by striking ``Support'' and inserting the following: + ``(A) In general.--Except as provided in + subparagraph (B), support''; and + (2) by adding at the end the following: + ``(B) Exception.--Subject to paragraph (4), the + Secretary may use amounts available to the Secretary in + excess of the amount contributed by the Government of + Israel to provide support under this subsection for + costs associated with any unique national requirement + identified by the United States with respect to anti- + tunnel capabilities.''. + +SEC. 1284. UNITED STATES-ISRAEL COOPERATION TO COUNTER UNMANNED AERIAL + SYSTEMS. + + (a) Authority to Establish Capabilities to Counter Unmanned Aerial +Systems.-- + (1) In general.--The Secretary of Defense, upon request of + the Ministry of Defense of Israel and in consultation with the + Secretary of State and the Director of National Intelligence, + is authorized to carry out research, development, test, and + evaluation, on a joint basis with Israel, to establish + capabilities for countering unmanned aerial systems that + threaten the United States or Israel. Any activities carried + out pursuant to such authority shall be conducted in a manner + that appropriately protects sensitive technology and + information and the national security interests of the United + States and Israel. + (2) Report.--The activities described in paragraph (1) and + subsection (b) may not be carried out until after the Secretary + of Defense submits to the appropriate committees of Congress a + report setting forth the following: + (A) A memorandum of agreement between the United + States and Israel regarding sharing of research and + development costs for the capabilities described in + paragraph (1), and any supporting documents. + (B) A certification that the memorandum of + agreement-- + (i) requires sharing of costs of projects, + including in-kind support, between the United + States and Israel; + (ii) establishes a framework to negotiate + the rights to any intellectual property + developed under the memorandum of agreement; + and + (iii) requires the United States Government + to receive semiannual reports on expenditure of + funds, if any, by the Government of Israel, + including a description of what the funds have + been used for, when funds were expended, and an + identification of entities that expended the + funds. + (b) Support in Connection With the Program.-- + (1) In general.--The Secretary of Defense is authorized to + provide maintenance and sustainment support to Israel for the + research, development, test, and evaluation activities + authorized in subsection (a)(1). Such authority includes + authority to install equipment necessary to carry out such + research, development, test, and evaluation. + (2) Report.--Support may not be provided under paragraph + (1) until 15 days after the Secretary submits to the + appropriate committees of Congress a report setting forth a + detailed description of the support to be provided. + (3) Matching contribution.-- + (A) In general.--Except as provided in subparagraph + (B), support may not be provided under this subsection + unless the Government of Israel contributes an amount + not less than the amount of support to be so provided + to the program, project, or activity for which the + support is to be so provided in the calendar year in + which the support is provided. + (B) Exception.--Subject to paragraph (4), the + Secretary may use amounts available to the Secretary in + excess of the amount contributed by the Government of + Israel to provide support under this subsection for + costs associated with any unique national requirement + identified by the United States with respect to + countering unmanned aerial systems. + (4) Annual limitation on amount.--The amount of support + provided under this subsection in any year may not exceed + $25,000,000. + (5) Use of certain amounts for rdt&e activities in the + united states.--Of the amount provided by the United States in + support under paragraph (1), not less than 50 percent of such + amount shall be used for research, development, test, and + evaluation activities in the United States in connection with + such support. + (c) Lead Agency.--The Secretary of Defense shall designate an +appropriate research and development entity of a military department as +the lead agency of the Department of Defense in carrying out this +section. + (d) Semiannual Reports.--The Secretary of Defense shall submit to +the appropriate committees of Congress on a semiannual basis a report +that contains a copy of the most recent semiannual report provided by +the Government of Israel to the Department of Defense pursuant to +subsection (a)(2)(B)(iii). + (e) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on + Foreign Relations, the Committee on Homeland Security, the + Committee on Appropriations, and the Select Committee on + Intelligence of the Senate; and + (2) the Committee on Armed Services, the Committee on + Foreign Affairs, the Committee on Homeland Security, the + Committee on Appropriations, and the Permanent Select Committee + on Intelligence of the House of Representatives. + (f) Sunset.--The authority in this section to carry out activities +described in subsection (a), and to provide support described in +subsection (b), shall expire on December 31, 2024. + +SEC. 1285. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL + SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND + OTHER SECURITY THREATS. + + Section 1286(c) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended +by adding at the end the following new paragraph: + ``(8) A list, developed in consultation with the Bureau of + Industry and Security of the Department of Commerce, the + Director of National Intelligence, and United States academic + institutions that conduct significant Department of Defense + research or engineering activities, of academic institutions of + the People's Republic of China and the Russian Federation + that-- + ``(A) are associated with a defense program of the + People's Republic of China or the Russian Federation, + including any university heavily engaged in military + research; + ``(B) are known-- + ``(i) to recruit individuals for the + purpose of advancing the talent and + capabilities of such a defense program; or + ``(ii) to provide misleading transcripts or + otherwise attempt to conceal the connections of + an individual or institution to such a defense + program; or + ``(C) pose a serious risk of intangible transfers + of defense or engineering technology and research.''. + +SEC. 1286. INDEPENDENT ASSESSMENT OF HUMAN RIGHTS SITUATION IN + HONDURAS. + + (a) Assessment Required.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of Defense shall + select and enter into an agreement with an independent think + tank or a federally funded research and development center to + conduct an analysis and assessment of the compliance of the + military and security forces of Honduras with international + human rights laws and standards. + (2) Matters to be included.--The assessment under paragraph + (1) shall include the following: + (A) A description of the military-to-military + activities between the United States and Honduras, + including the manner in which Department of Defense + engagement with the military and security forces of + Honduras supports the National Defense Strategy. + (B) An analysis and assessment of the activities of + the military and security forces of Honduras with + respect to human rights activists. + (C) With respect to United States national security + interests, an analysis and assessment of the challenges + posed by corruption within the military and security + forces of Honduras. + (D) An analysis of-- + (i) the security assistance provided to + Honduras by the Department of Defense during + the 7-year period preceding the date of the + enactment of this Act; and + (ii) the extent to which such assistance + has improved accountability, transparency, and + compliance to international human rights laws + and standards in the security and military + operations of the Government of Honduras. + (E) Recommendations on the development of future + security assistance to Honduras that prioritizes-- + (i) compliance of the military and security + forces of Honduras with human rights laws and + standards; + (ii) citizen security; and + (iii) the advancement of United States + national security interests with respect to + countering the proliferation of illegal + narcotics flows through Honduras. + (F) Any other matters the Secretary considers + necessary and relevant to United States national + security interests. + (b) Report.--Not later than 270 days after the date of the +enactment of this Act, the entity selected under subsection (a) shall +submit to the appropriate committees of Congress a report on the +results of the assessment conducted under that subsection. + (c) Department of Defense Support.--The Secretary shall provide the +entity selected under subsection (a) with timely access to appropriate +information, data, and analyses necessary to carry out the assessment +in a thorough and independent manner. + (d) 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. + +SEC. 1287. UNITED STATES CENTRAL COMMAND POSTURE REVIEW. + + (a) Comprehensive Review Required.-- + (1) In general.--To clarify the near-term policy and + strategy of the United States under the National Defense + Strategy with respect to United States Central Command, the + Secretary of Defense, in consultation with the Secretary of + State and the Director of National Intelligence, as + appropriate, shall conduct a comprehensive review of United + States military force posture and capabilities in the United + States Central Command area of responsibility during the + posture review period. + (2) Elements.--The review conducted under paragraph (1) + shall include, for the posture review period, the following + elements: + (A) An assessment of the threats and challenges in + the United States Central Command area of + responsibility, including threats and challenges posed + to United States interests by near-peer competitors. + (B) An explanation of the policy and strategic + frameworks for addressing the threats and challenges + identified under subparagraph (A). + (C) An identification of current and future United + States military force posture and capabilities + necessary to counter threats, deter conflict, and + defend United States national security interests in the + United States Central Command area of responsibility. + (D) An assessment of the basing, cooperative + security locations, and other infrastructure necessary + to support steady state operations in support of the + theater campaign plan and potential contingencies that + may arise in or affect the United States Central + Command area of responsibility, including any potential + efficiencies and risk mitigation measures to be taken. + (E) A description of methods to mitigate risk that + may result from adjustments to United States military + force posture and capabilities deployed in the United + States Central Command area of responsibility. + (F) An explanation of the manner in which a + modernized global operating model or dynamic force + employment approach may yield efficiencies and increase + strategic flexibility while achieving United States + military objectives in the United States Central + Command area of responsibility. + (G) An articulation of the United States + nonmilitary efforts and activities necessary to enable + the achievement of United States national security + interests in the United States Central Command area of + responsibility. + (H) Any other matter the Secretary considers + relevant. + (b) Report.-- + (1) In general.--Not later than 270 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a report on the + results of the review conducted under subsection (a). + (2) Form.--The report under paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + (c) Posture Review Period Defined.--In this section, the term +``posture review period'' means the period beginning on the date that +is five years after the date of the enactment of this Act and ending on +the date that is 15 years after such date of enactment. + +SEC. 1288. REPORTS ON EXPENSES INCURRED FOR IN-FLIGHT REFUELING OF + SAUDI COALITION AIRCRAFT CONDUCTING MISSIONS RELATING TO + CIVIL WAR IN YEMEN. + + (a) Reports Required.-- + (1) In general.--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 + committees of Congress detailing 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 during + the period of March 1, 2015, through November 11, 2018, and the + extent to which such expenses have been reimbursed by members + of the Saudi-led coalition. + (2) Elements.--Each report required under paragraph (1) + shall include the following: + (A) 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. + (B) The amount of the expenses described in + subparagraph (A) that has been reimbursed by each + member of the Saudi-led coalition. + (C) Any action taken by the United States to recoup + the remaining expenses described in subparagraph (A), + including any commitments by members of the Saudi-led + coalition to reimburse the United States for such + expenses. + (3) Sunset.--The reporting requirement under paragraph (1) + shall cease to be effective on the date on which the Secretary + certifies to the appropriate committees of Congress that all + 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 during the period of March 1, 2015, through November 11, + 2018, have been reimbursed. + (b) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services of the Senate; + (2) the Committee on Armed Services of the House of + Representatives; + (3) the Committee on Foreign Relations of the Senate; and + (4) the Committee on Foreign Affairs of the House of + Representatives. + +SEC. 1289. SENSE OF SENATE ON SECURITY CONCERNS WITH RESPECT TO LEASING + ARRANGEMENTS FOR THE PORT OF HAIFA IN ISRAEL. + + It is the sense of the Senate that the United States-- + (1) has an interest in the future forward presence of + United States naval vessels at the Port of Haifa in Israel but + has serious security concerns with respect to the leasing + arrangements of the Port of Haifa as of the date of the + enactment of this Act; and + (2) should urge the Government of Israel to consider the + security implications of foreign investment in Israel. + + TITLE XIII--COOPERATIVE THREAT REDUCTION + +SEC. 1301. FUNDING ALLOCATIONS FOR DEPARTMENT OF DEFENSE COOPERATIVE + THREAT REDUCTION PROGRAM. + + (a) In General.--Of the $338,700,000 authorized to be appropriated +to the Department of Defense for fiscal year 2020 in section 301 and +made available by the funding table in division D for the Department of +Defense Cooperative Threat Reduction Program established under section +1321 of the Department of Defense Cooperative Threat Reduction Act (50 +U.S.C. 3711), the following amounts may be obligated for the purposes +specified: + (1) For strategic offensive arms elimination, $492,000. + (2) For chemical weapons destruction, $12,856,000. + (3) For global nuclear security, $33,919,000. + (4) For biological threat reduction, $183,642,000. + (5) For proliferation prevention, $79,869,000. + (6) For activities designated as Other Assessments/ + Administrative Costs, $27,922,000. + (b) Availability of Funds.--Funds appropriated pursuant to the +authorization of appropriations in section 301 and made available by +the funding table in division D for the Department of Defense +Cooperative Threat Reduction Program shall be available for obligation +for fiscal years 2020, 2021, and 2022. + + TITLE XIV--OTHER AUTHORIZATIONS + + Subtitle A--Military Programs + +SEC. 1401. WORKING CAPITAL FUNDS. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for providing capital for working capital and +revolving funds, as specified in the funding table in section 4501. + +SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for the Department of Defense for fiscal year 2020 +for expenses, not otherwise provided for, for Chemical Agents and +Munitions Destruction, Defense, as specified in the funding table in +section 4501. + (b) Use.--Amounts authorized to be appropriated under subsection +(a) are authorized for-- + (1) the destruction of lethal chemical agents and munitions + in accordance with section 1412 of the Department of Defense + Authorization Act, 1986 (50 U.S.C. 1521); and + (2) the destruction of chemical warfare materiel of the + United States that is not covered by section 1412 of such Act. + +SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2020 for expenses, not otherwise provided +for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, +as specified in the funding table in section 4501. + +SEC. 1404. DEFENSE INSPECTOR GENERAL. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2020 for expenses, not otherwise provided +for, for the Office of the Inspector General of the Department of +Defense, as specified in the funding table in section 4501. + +SEC. 1405. DEFENSE HEALTH PROGRAM. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the Defense Health Program, as specified in the funding table in +section 4501, for use of the Armed Forces and other activities and +agencies of the Department of Defense in providing for the health of +eligible beneficiaries. + + Subtitle B--National Defense Stockpile + +SEC. 1411. MODIFICATION OF PROHIBITION ON ACQUISITION OF SENSITIVE + MATERIALS FROM NON-ALLIED FOREIGN NATIONS. + + (a) Expansion of Materials Covered by Prohibition on Sale From +National Defense Stockpile.--Subsection (a)(2) of section 2533c of +title 10, United States Code, is amended, in the matter preceding +subparagraph (A), by striking ``covered material'' and inserting +``material''. + (b) Inclusion of Tantalum in Definition of Covered Materials.-- +Subsection (d)(1) of such section is amended-- + (1) in subparagraph (C), by striking ``; and'' and + inserting a semicolon; + (2) in subparagraph (D), by striking the period and + inserting ``; and''; and + (3) by adding at the end the following new subparagraph: + ``(E) tantalum.''. + + Subtitle C--Armed Forces Retirement Home + +SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT + HOME. + + There is hereby authorized to be appropriated for fiscal year 2020 +from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000 +for the operation of the Armed Forces Retirement Home. + +SEC. 1422. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCES + RETIREMENT HOME. + + (a) Expansion of Eligibility to Certain Members With Non-regular +Service.--Section 1512(a) of the Armed Forces Retirement Home Act of +1991 (24 U.S.C. 412(a)) is amended-- + (1) in the first sentence, by striking ``active''; + (2) in paragraph (1), by striking ``are 60 years of age or + over and'' and + (3) by adding the following new paragraph: + ``(5) Persons who are eligible for retired pay under + chapter 1223 of title 10, United States Code, and-- + ``(A) are eligible for care under section 1710 of + title 38, United States Code; + ``(B) are enrolled in coverage under chapter 55 of + title 10, United States Code; or + ``(C) are enrolled in a qualified health plan + acceptable to the Chief Operating Officer.''. + (b) Parity of Monthly Fees.--Paragraph (2) of section 1514(c) of +the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 414(c)) is +amended to read as follows: + ``(2)(A) The fee shall be fixed as a percentage of the monthly +income and monthly payments (including Federal payments) received by a +resident. The percentage shall be the same for each facility of the +Retirement Home. The Secretary of Defense may make any adjustment in +the percentage that the Secretary determines appropriate. + ``(B) The amount of the monthly income and monthly payments +calculated under subparagraph (A) for a resident accepted under section +1512(a)(5) may not be less than the current monthly retirement pay for +equivalent active duty service as determined by the Chief Operating +Officer, except as the Chief Operating Officer may otherwise provide +due to compelling personal circumstances of the resident.''. + (c) Pay Deductions.--Section 1007(i) of title 37, United States +Code, is amended-- + (1) in paragraph (1)-- + (A) by inserting ``or compensation, as + applicable,'' after ``pay''; and + (B) by striking ``on active duty''; + (2) in paragraph (3), by striking ``Board'' and inserting + ``Chief Operating Officer''; and + (3) by striking paragraph (4). + (d) Admission Fees for Residents Based on Non-regular Service.-- +Section 1514 of the Armed Forces Retirement Home Act of 1991, as +amended by subsection (b), is further amended-- + (1) by redesignating subsections (b) and (c) as subsections + (c) and (d), respectively; + (2) by inserting after subsection (a) the following new + subsection (b): + ``(b) Admission Fees for Certain Residents.--The Administrator of +each facility of the Retirement Home may also collect a fee upon +admission from a resident accepted under section 412(a)(5) equal to the +deductions then in effect under section 1007(i)(1) of title 37, United +States Code, for each year of non-regular service of the resident +before the date of the enactment of the National Defense Authorization +Act for Fiscal Year 2020.''; and + (3) in subsection (c), as redesignated by paragraph (1), by + striking ``subsection (a)'' and inserting ``subsections (a) and + (b)''. + + Subtitle D--Other Matters + +SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF + DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY + DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH + CARE CENTER, ILLINOIS. + + (a) Authority for Transfer of Funds.--Of the funds authorized to be +appropriated by section 1405 and available for the Defense Health +Program for operation and maintenance, $127,000,000 may be transferred +by the Secretary of Defense to the Joint Department of Defense- +Department of Veterans Affairs Medical Facility Demonstration Fund +established by subsection (a)(1) of section 1704 of the National +Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 +Stat. 2571). For purposes of subsection (a)(2) of such section 1704, +any funds so transferred shall be treated as amounts authorized and +appropriated specifically for the purpose of such a transfer. + (b) Use of Transferred Funds.--For the purposes of subsection (b) +of such section 1704, facility operations for which funds transferred +under subsection (a) may be used are operations of the Captain James A. +Lovell Federal Health Care Center, consisting of the North Chicago +Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and +supporting facilities designated as a combined Federal medical facility +under an operational agreement covered by section 706 of the Duncan +Hunter National Defense Authorization Act for Fiscal Year 2009 (Public +Law 110-417; 122 Stat. 4500). + + TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS + CONTINGENCY OPERATIONS + + Subtitle A--Authorization of Additional Appropriations + +SEC. 1501. PURPOSE. + + The purpose of this subtitle is to authorize appropriations for the +Department of Defense for fiscal year 2020 to provide additional funds +for overseas contingency operations being carried out by the Armed +Forces. + +SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the Department of Defense for overseas contingency operations in +such amounts as may be designated as provided in section +251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control +Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)). + +SEC. 1503. PROCUREMENT. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for procurement accounts for the Army, the Navy and the Marine Corps, +the Air Force, and Defense-wide activities, as specified in the funding +table in section 4102. + +SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Department of Defense for research, development, +test, and evaluation, as specified in the funding table in section +4202. + +SEC. 1505. OPERATION AND MAINTENANCE. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for expenses, not otherwise provided for, for +operation and maintenance, as specified in the funding table in section +4302. + +SEC. 1506. MILITARY PERSONNEL. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for expenses, not otherwise provided for, for +military personnel, as specified in the funding table in section 4402. + +SEC. 1507. WORKING CAPITAL FUNDS. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for providing capital for working capital and +revolving funds, as specified in the funding table in section 4502. + +SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2020 for expenses, not otherwise provided +for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, +as specified in the funding table in section 4502. + +SEC. 1509. DEFENSE INSPECTOR GENERAL. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2020 for expenses, not otherwise provided +for, for the Office of the Inspector General of the Department of +Defense, as specified in the funding table in section 4502. + +SEC. 1510. DEFENSE HEALTH PROGRAM. + + Funds are hereby authorized to be appropriated for the Department +of Defense for fiscal year 2020 for expenses, not otherwise provided +for, for the Defense Health Program, as specified in the funding table +in section 4502. + + Subtitle B--Financial Matters + +SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. + + The amounts authorized to be appropriated by this title are in +addition to amounts otherwise authorized to be appropriated by this +Act. + +SEC. 1522. SPECIAL TRANSFER AUTHORITY. + + (a) Authority To Transfer Authorizations.-- + (1) Authority.--Upon determination by the Secretary of + Defense that such action is necessary in the national interest, + the Secretary may transfer amounts of authorizations made + available to the Department of Defense in this title for fiscal + year 2020 between any such authorizations for that fiscal year + (or any subdivisions thereof). Amounts of authorizations so + transferred shall be merged with and be available for the same + purposes as the authorization to which transferred. + (2) Limitation.--The total amount of authorizations that + the Secretary may transfer under the authority of this + subsection may not exceed $2,500,000,000. + (b) Terms and Conditions.--Transfers under this section shall be +subject to the same terms and conditions as transfers under section +1001. + (c) Additional Authority.--The transfer authority provided by this +section is in addition to the transfer authority provided under section +1001. + + TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + + Subtitle A--Space Activities + + PART I--UNITED STATES SPACE FORCE + +SEC. 1601. ASSISTANT SECRETARY OF DEFENSE FOR SPACE POLICY. + + Section 138(b) of title 10, United States Code, is amended by +adding at the end the following new paragraph: + ``(5) One of the Assistant Secretaries is the Assistant Secretary +of Defense for Space Policy. The principal duty of the Assistant +Secretary shall be the overall supervision of policy of the Department +of Defense for space warfighting.''. + +SEC. 1602. PRINCIPAL ASSISTANT TO THE SECRETARY OF THE AIR FORCE FOR + SPACE ACQUISITION AND INTEGRATION. + + (a) Redesignation of Principal Assistant for Space as Principal +Assistant for Space Acquisition and Integration.-- + (1) In general.--The Principal Assistant to the Secretary + of the Air Force for Space is hereby redesignated as the + Principal Assistant to the Secretary of the Air Force for Space + Acquisition and Integration. + (2) References.--Any reference to the Principal Assistant + to the Secretary of the Air Force for Space in any law, + regulation, map, document, record, or other paper of the United + States shall be deemed to be a reference to the Principal + Assistant to the Secretary of the Air Force for Space + Acquisition and Integration. + (b) Codification of Position and Responsibilities.-- + (1) In general.--Chapter 903 of title 10, United States + Code, is amended-- + (A) by redesignating section 9018 as section 9018a; + and + (B) by inserting after section 9017 the following + new section 9018: +``Sec. 9018. Principal Assistant to the Secretary of the Air Force for + Space Acquisition and Integration + ``(a)(1) There is within the Office of the Secretary of the Air +Force a Principal Assistant to the Secretary of the Air Force for Space +Acquisition and Integration, who shall be appointed from civilian life +by the President, by and with the advice and consent of the Senate. + ``(2) The individual serving as Principal Assistant shall have the +protocol equivalent in the Department of Defense of an officer in the +armed forces serving in a general or admiral grade. + ``(b) Subject to the authority, direction, and control of the +Secretary of the Air Force, the Principal Assistant to the Secretary of +the Air Force for Space Acquisition and Integration shall do as +follows: + ``(1) Be responsible for all acquisition and integration of + the Air Force for space systems and programs, including in + support of the Commander of the United States Space Force under + section 9064 of this title. + ``(2) Serve as the senior acquisition executive under + section 1704 of this title for the Air Force for acquisition + for space systems and programs, including for all major defense + acquisition programs under chapter 144 of this title for space. + ``(3) Oversee and direct each of the following: + ``(A) The Space Rapid Capabilities Office under + section 2273a of this title. + ``(B) The Space and Missile Systems Center. + ``(C) The Space Development Agency. + ``(4) Oversee and direct acquisition projects for all space + systems and programs of the Air Force, including projects for + space systems and programs transferred to the Principal + Assistant pursuant to section 1602(b)(4) of the National + Defense Authorization Act for Fiscal Year 2020. + ``(5) Act as the chair of the Space Force Acquisition + Council under section 1602(c) of the National Defense + Authorization Act for Fiscal Year 2020. + ``(c) In addition to the responsibilities provided for in +subsection (b), the Principal Assistant shall have such other +responsibilities and perform such other duties as the Secretary may +prescribe.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 903 of such title is amended by striking + the item relating to section 9018 and inserting the following + new items: + +``9018. Principal Assistant to the Secretary of the Air Force for Space + Acquisition and Integration. +``9018a. Administrative Assistant.''. + (3) Executive schedule level v.--Section 5416 of title 10, + United States Code, is amended by adding at the end the + following new item: + ``Principal Assistant to the Secretary of the Air Force for + Space Acquisition and Integration.''. + (4) Transfer of acquisition projects for space systems and + programs.--The Secretary of the Air Force shall transfer to the + Principal Assistant to the Secretary of the Air Force for Space + Acquisition and Integration under section 9018 of title 10, + United States Code (as added by this subsection), + responsibility for oversight, direction, and integration of any + acquisition projects for space systems and programs of the Air + Force that are under the oversight or direction of the + Assistant Secretary of the Air Force for Acquisition as of the + date of the enactment of this Act. + (c) Space Force Acquisition Council.-- + (1) In general.--There is in the Department of the Air + Force a council to be known as the ``Space Force Acquisition + Council'' (in this subsection referred to as the ``Council''). + (2) Membership.--The members of the Council are as follows: + (A) The Under Secretary of the Air Force. + (B) The Principal Assistant to the Secretary of the + Air Force for Space Acquisition and Integration, who + shall act as chair of the Council. + (C) The Assistant Secretary of Defense for Space + Policy. + (D) The Director of the National Reconnaissance + Office. + (E) The Commander of the United States Space + Command. + (F) The Commander of the United States Space Force. + (3) Functions.--The Council shall oversee, direct, and + manage acquisition and integration of the Air Force for space + systems and programs in order to ensure integration across the + national security space enterprise. + (4) Meetings.--The Council shall meet not less frequently + than monthly. + (5) Reports.--Not later than 30 days after the end of each + calendar year quarter through the first calendar year quarter + of 2025, the Council shall submit to the congressional defense + committees a report on the activities of the Council during the + calendar year quarter preceding the calendar year quarter in + which such report is submitted. + (d) Briefings.--On or about March 31, 2020, and during every +calendar year quarter thereafter through March 31, 2022, the Secretary +of the Air Force shall provide to the congressional defense committees +a briefing on the current status of efforts to implement this section +and the amendments made by this section. Each briefing may include such +recommendations for legislative and administrative action as the +Secretary considers appropriate to facilitate and enhance such efforts. + +SEC. 1603. MILITARY SPACE FORCES WITHIN THE AIR FORCE. + + (a) In General.--Section 9062(c) of title 10, United States Code, +is amended-- + (1) by striking the first sentence and inserting the + following: + ``(1) The Air Force includes the following: + ``(A) Aviation forces both combat and service not otherwise + assigned. + ``(B) Space forces.''; and + (2) by striking ``It shall be organized'' and inserting the + following: + ``(2) The Air Force shall be organized''. + (b) Territorial Organizations.-- + (1) In general.--Subsection (b) of section 9074 of title + 10, United States Code, is amended by inserting ``, including + space,'' after ``other places''. + (2) Heading amendment.--The heading of such section is + amended to read as follows: +``Sec. 9074. Commands: territorial and other organization''. + (3) Table of sections amendment.--The table of sections at + the beginning of chapter 907 of such title is amended by + striking the item relating to section 9074 and inserting the + following new item: + +``9074. Commands: territorial and other organization.''. + +SEC. 1604. REDESIGNATION OF AIR FORCE SPACE COMMAND AS UNITED STATES + SPACE FORCE. + + (a) Redesignation.--The Air Force Space Command is hereby +redesignated as the United States Space Force (USSF). + (b) Commander and Authorities.-- + (1) In general.--Section 2279c of title 10, United States + Code, is-- + (A) transferred to chapter 907 of such title; + (B) inserted after section 9062; and + (C) as so transferred and inserted, amended to read + as follows: +``Sec. 9063. United States Space Force + ``(a) United States Space Force.--There is in the Air Force the +United States Space Force. + ``(b) Commander.--(1) The head of the United States Space Force +shall be the Commander of the United States Space Force, who shall be +appointed in accordance with section 601 of this title. The officer +serving as Commander, while so serving, has the grade of general or +admiral without vacating the permanent grade of the officer. + ``(2) The Commander shall be appointed to serve a term of four +years. + ``(c) Temporary Concurrent Service as Commander of USSF and +Commander of United States Space Command.--During the one-year period +beginning on the date of the enactment of the National Defense +Authorization Act for Fiscal Year 2020, the Secretary of Defense may +authorize an officer serving as the Commander of the United States +Space Force to serve concurrently as the Commander of the United States +Space Command under section 169 of this title, without further +appointment as otherwise provided for in subsection (c) of such +section. + ``(d) Vice Commander.--The deputy head of the United States Space +Force shall be the Vice Commander of the United States Space Force, who +shall be appointed in accordance with section 601 of this title. The +officer serving as Vice Commander, while so serving, has the grade of +general or admiral without vacating the permanent grade of the officer. + ``(e) Duties.--(1) Subject to the authority, direction, and control +of the Secretary of the Air Force, the Commander of the United States +Space Force shall do the following: + ``(A) Exercise authority, direction, and control of all + space operations-peculiar administrative matters relating to + the organization, training, and equipping of the space forces + of the Air Force. + ``(B) Exercise the authorities and responsibilities + assigned to the Commander as Commander of the Air Force Space + Command before December 12, 2017. + ``(C) Carry out such other duties as the Secretary may + specify. + ``(2) In carrying out duties under paragraph (1), the Commander of +the United States Space Force shall report as follows: + ``(A) During the one-year period beginning on the date of + the enactment of the National Defense Authorization Act for + Fiscal Year 2020, to the Secretary of the Air Force through the + Chief of Staff of the Air Force. + ``(B) After the period described in subparagraph (A), + directly to the Secretary of the Air Force. + ``(3)(A) During the one-year period beginning on the date of the +enactment of the National Defense Authorization Act of 2020, upon the +request of the Chairman of the Joint Chiefs of Staff, the Commander of +the United States Space Force may participate in any meeting of the +Joint Chiefs of Staff in consideration by the Joint Chiefs of Staff of +an issue in connection with a duty or responsibility of the Commander. + ``(B) Commencing as of the end of the period described in +subparagraph (A), the Commander of the United States Space Force shall +be a member of the Joint Chiefs of Staff. + ``(f) Elements.--(1) In addition to the elements of the Air Force +Space Command as of the date of the enactment of the National Defense +Authorization Act for Fiscal Year 2020, the United States Space Force +shall include other military and civilian personnel of the Air Force +(including appropriate elements of the Air National Guard and the Air +Force Reserve), and other infrastructure, assets, and resources of the +Air Force, assigned to the Space Force by the Secretary of the Air +Force. + ``(2) The Secretary shall provide for the Space Force a cadre of +military and civilian personnel within the Air Force who shall assist +the Space Force in establishing and maintaining an ethos and culture +for space warfighting.''. + (2) Service of incumbent commander of air force space + command as commander of united states space force.--The + individual serving as Commander of the Air Force Space Command + as of the date of the enactment of this Act may serve as the + Commander of the United States Space Force under subsection (b) + of section 9063 of title 10, United States Code (as added by + paragraph (1)), after that date without further appointment as + otherwise provided for by that subsection. + (3) Secretary of defense report on concurrency of + command.-- + (A) In general.--Not later than one year after the + date of the enactment of this Act, the Secretary of + Defense shall submit to the congressional defense + committees a report setting forth an assessment of the + advisability of permitting the Commander of the United + States Space Force to serve concurrently as Commander + of the United States Space Command as authorized by + subsection (c) of section 9063 of title 10, United + States Code (as so added). + (B) Comptroller general briefing.--Not later than + 30 days after the submittal of the report required by + subparagraph (A), the Comptroller General of the United + States shall provide the congressional defense + committees a briefing on the assessment of the + Comptroller General of the matters contained in the + report. + (4) Secretary of the air force briefings on ussf.--On or + about March 31, 2020, and during every calendar year quarter + thereafter through March 31, 2022, the Secretary of the Air + Force shall provide the congressional defense committees a + briefing on the following: + (A) The current status of the missions and manpower + of the United States Space Force under section 9063 of + title 10, United States Code (as so added), including + the current status of the assumption by the United + States Space Force of the elements to constitute the + United States Space Force, including the elements of + the Air Force Space Command and the elements assigned + pursuant to subsection (f)(1) of such section. + (B) The current status of activities of the cadre + of personnel required by subsection (f)(2) of such + section 9063 (as so added), including an assessment of + the progress of the cadre in establishing and + maintaining the ethos and culture described in that + subsection. + (5) No authorization of additional military billets or + civilian personnel.--The Secretary of the Air Force shall carry + out this subsection and the amendments made by this subsection + within military and civilian personnel of the Air Force + otherwise authorized by this Act. Nothing in this subsection or + the amendments made by this subsection shall be construed to + authorize additional military billets or the employment of + additional civilian personnel for the purposes of, or in + connection with, the establishment of the United States Space + Force. + (c) Conforming Amendment to US Space Command Commander Authority.-- +Section 169(c) of title 10, United States Code, is amended by striking +paragraph (2) and inserting the following new paragraph (2): + ``(2) If authorized by the Secretary of Defense pursuant to section +9063(c) of this title, the officer serving as Commander of the United +States Space Force also serves concurrently as Commander of the United +States Space Command, but only during the one-year period beginning on +the date of the enactment of the National Defense Authorization Act for +Fiscal Year 2020.''. + (d) Joint Chiefs of Staff Matters.--Effective on the date that is +one year after the date of the enactment of this Act, section 151(a) of +title 10, United States Code, is amended by adding at the end the +following new paragraph: + ``(8) The Commander of the United States Space Force.''. + (e) Clerical Amendments.-- + (1) Chapter 135.--The table of sections at the beginning of + chapter 135 of title 10, United States Code, is amended by + striking the item relating to section 2279c. + (2) Chapter 907.--The table of sections at the beginning of + chapter 907 of such title is amended by inserting after the + item relating to section 9062 the following new item: + +``9063. United States Space Force.''. + (f) References.--Any reference to the Air Force Space Command in +any law, regulation, map, document, record, or other paper of the +United States shall be deemed to be a reference to the United States +Space Force. + +SEC. 1605. ASSIGNMENT OF PERSONNEL TO THE NATIONAL RECONNAISSANCE + OFFICE FOR MISSION NEEDS. + + (a) USSF as Primary Source of Personnel.--Effective as of the date +of the enactment of this Act, military and civilian personnel of the +United States Space Force under section 9063 of title 10, United States +Code (as added by section 1604(b) of this Act), shall be the primary +source of military and civilian personnel of the Department of the Air +Force who may be assigned to the National Reconnaissance Office. + (b) Assignment by Commander, USSF.--Subject to the authority, +direction, and control of the Secretary of the Air Force, the Commander +of the United States Space Force shall be responsible for the +assignment of military and civilian personnel of the United States +Space Force to the National Reconnaissance Office. + +SEC. 1606. REPORT ON ESTABLISHMENT OF POSITION OF UNDER SECRETARY OF + THE AIR FORCE FOR SPACE. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the Air Force shall submit to +the congressional defense committees a report on the advisability of +establishing within the Department of the Air Force a position of Under +Secretary of the Air Force for Space with the responsibility of +providing civilian oversight to the United States Space Force (as +provided for by section 1604 of this Act). + (b) Considerations.--In preparing the report required by subsection +(a), the Secretary shall take into consideration the tasks and +operations of the staff of the Air Force in support of the space +warfighting mission of the Air Force and such other matters as the +Secretary considers appropriate. + +SEC. 1607. REPORT ON ENHANCED INTEGRATION OF CAPABILITIES OF THE + NATIONAL SECURITY AGENCY, THE NATIONAL GEOSPATIAL- + INTELLIGENCE AGENCY, AND THE UNITED STATES SPACE COMMAND + FOR JOINT OPERATIONS. + + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall, in coordination with the Director +of National Intelligence, submit to the congressional defense +committees a report setting forth the results of a review, conducted +for purposes of the report, on processes designed to achieve more +effective integration of capabilities among the National Security +Agency, the National Geospatial-Intelligence Agency, and the United +States Space Command for joint operations in a manner that does not +result in the impairment of the authorities or responsibilities of the +Director. + +SEC. 1608. LIMITATION ON AVAILABILITY OF FUNDS. + + None of the amounts authorized to be appropriated for fiscal year +2020 by this Act and available for the Air Force for programs, +projects, or activities for space, including acquisition programs, +projects, or activities, may be obligated or expended until the date on +which the Secretary of the Air Force completes briefings of the +congressional defense committees on the plans of the Air Force to +implement this part and the amendments made by this part, including the +following: + (1) The establishment of the office of the Principal + Assistant to the Secretary of the Air Force for Space + Acquisition and Integration under section 9018 of title 10, + United States Code (as added by section 1602 of this Act). + (2) The establishment of the United States Space Force + required by section 9063 of title 10, United States Code (as + added by section 1604 of this Act). + + PART II--OTHER SPACE MATTERS + +SEC. 1611. REPEAL OF REQUIREMENT TO ESTABLISH SPACE COMMAND AS A + SUBORDINATE UNIFIED COMMAND OF THE UNITED STATES + STRATEGIC COMMAND. + + (a) In General.--Section 169 of title 10, United States Code, is +repealed. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 6 of title 10, United States Code, is amended by striking the +item relating to section 169. + +SEC. 1612. PROGRAM TO ENHANCE AND IMPROVE LAUNCH SUPPORT AND + INFRASTRUCTURE. + + (a) In General.--In support of the policy described in section +2273(a) of title 10, United States Code, the Secretary of Defense may +carry out a program to enhance infrastructure and improve support +activities for the processing and launch of Department of Defense +small-class and medium-class payloads. + (b) Program.--The program under subsection (a) shall include +improvements to operations at launch ranges and Federal Aviation +Administration-licensed spaceports that are consistent with, and +necessary to permit, the use of such launch ranges and spaceports by +the Department. + (c) Consultation.--In carrying out the program under subsection +(a), the Secretary may consult with current and anticipated users of +launch ranges and Federal Aviation Administration-licensed spaceports, +including the Space Rapid Capabilities Office. + (d) Cooperation.--In carrying out the program under subsection (a), +the Secretary may enter into a contract or agreement under section 2276 +of title 10, United States Code. + (e) Report.--Not later than 270 days after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees a report describing a plan for the program under +subsection (a). + +SEC. 1613. MODIFICATION OF ENHANCEMENT OF POSITIONING, NAVIGATION, AND + TIMING CAPACITY. + + (a) Capability for Trusted Signals.-- + (1) Subsection heading.--Subsection (a) of section 1609 of + the John S. McCain National Defense Authorization Act for + Fiscal Year 2019 (Public Law 115-232) is amended, in the + subsection heading, by striking ``Trusted Signals'' and + inserting ``Alternative Global Navigation Satellite System + Signals''. + (2) Requirement.--Paragraph (1) of such subsection is + amended to read as follows: + ``(1) Requirement.--The Secretary of the Air Force shall + ensure that military Global Positioning System (GPS) user + equipment terminals have the capability, as appropriate to user + needs and constraints, to incorporate signals from the Galileo + satellites of the European Union and the QZSS satellites of + Japan, beginning with the implementation of open-system + architecture solutions, such as the Resilient-Embedded GPS/ + Inertial Navigation System (R-EGI), to accompany other + alternative and complementary navigation sources for robust + positioning, navigation, and timing.''. + (3) Waiver.--Paragraph (2) of such subsection is amended-- + (A) in subparagraph (A), by striking ``could not + integrate such capability beginning with increment 2 of + the acquisition of such terminals'' and inserting + ``should not integrate such capability into the + Resilient-Embedded GPS/Inertial Navigation System + architecture''; and + (B) in subparagraph (B), by inserting ``that + considers the addition of multi-Global Navigation + Satellite System (GNSS) signals to provide substantive + military utility'' after ``such terminals''. + (b) Capability for Other Signals.--Subsection (b) of such section +is amended, in the matter preceding paragraph (1)-- + (1) by inserting ``other allied and'' before ``non-allied + positioning, navigation, and timing signals''; and + (2) by striking ``increment 2 of the acquisition of such + terminals'' and inserting ``the Resilient-Embedded GPS/Inertial + Navigation System architecture''. + +SEC. 1614. MODIFICATION OF TERM OF COMMANDER OF AIR FORCE SPACE + COMMAND. + + Section 2279c(a)(2) of title 10, United States Code, is amended, in +the first sentence, by striking ``six years'' and inserting ``four +years''. + +SEC. 1615. ANNUAL REPORT ON SPACE COMMAND AND CONTROL PROGRAM. + + (a) In General.--For each of fiscal years 2021 through 2025, +concurrent with the submittal to Congress of the budget of the +Department of Defense with the budget of the President for the +subsequent fiscal year under section 1105(a) of title 31, United States +Code, the Secretary of the Air Force shall submit to the Under +Secretary of Defense for Acquisition and Sustainment, the congressional +defense committees, and the Comptroller General of the United States, +an annual report on the Space Command and Control program. + (b) Matters to Be Included.--Each report required by subsection (a) +shall include the following: + (1) A description of any modification to the metrics + established by the Secretary in the acquisition strategy for + the program. + (2) The short-term objectives for the subsequent fiscal + year. + (3) For the preceding fiscal year, a description of-- + (A) the ongoing, achieved, and deferred objectives; + (B) the challenges encountered and the lessons + learned; + (C) the modifications made or planned so as to + incorporate such lessons learned into subsequent + efforts to address challenges; and + (D) the cost, schedule, and performance effects of + such modifications. + (c) Review of Reports and Briefing by Comptroller General.--With +respect to each report submitted under this section, the Comptroller +General shall review and provide to the congressional defense +committees a briefing on a date mutually agreed on by the Comptroller +General and the congressional defense committees. + +SEC. 1616. REQUIREMENTS FOR PHASE 2 OF ACQUISITION STRATEGY FOR + NATIONAL SECURITY SPACE LAUNCH PROGRAM. + + In carrying out phase 2 of the acquisition strategy for the +national security space launch program, the Secretary of the Air +Force-- + (1) may not-- + (A) modify the acquisition schedule or mission + performance requirements; or + (B) award missions to more than two launch service + providers; and + (2) shall ensure that launch services are procured only + from launch service providers that use launch vehicles meeting + each Government requirement with respect to required payloads + to reference orbits. + + Subtitle B--Defense Intelligence and Intelligence-related Activities + +SEC. 1621. REDESIGNATION OF UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE + AS UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE AND + SECURITY. + + (a) Redesignation of Under Secretary.-- + (1) In general.--The Under Secretary of Defense for + Intelligence is hereby redesignated as the Under Secretary of + Defense for Intelligence and Security. + (2) Service of incumbent in position.--The individual + serving as Under Secretary of Defense for Intelligence as of + the date of the enactment of this Act may serve as Under + Secretary of Defense for Intelligence and Security commencing + as of that date without further appointment under section 137 + of title 10, United States Code (as amended by subsection + (c)(1)(A)(ii)). + (3) Reference.--Any reference in any law, regulation, map, + document, paper, or other record of the United States to the + Under Secretary of Defense for Intelligence shall be deemed to + be a reference to the Under Secretary of Defense for + Intelligence and Security. + (b) Redesignation of Related Deputy Under Secretary.-- + (1) In general.--The Deputy Under Secretary of Defense for + Intelligence is hereby redesignated as the Deputy Under + Secretary of Defense for Intelligence and Security. + (2) Service of incumbent in position.--The individual + serving as Deputy Under Secretary of Defense for Intelligence + as of the date of the enactment of this Act may serve as Deputy + Under Secretary of Defense for Intelligence and Security + commencing as of that date without further appointment under + section 137a of title 10, United States Code (as amended by + subsection (c)(1)(B)). + (3) Reference.--Any reference in any law, regulation, map, + document, paper, or other record of the United States to the + Deputy Under Secretary of Defense for Intelligence shall be + deemed to be a reference to the Deputy Under Secretary of + Defense for Intelligence and Security. + (c) Conforming Amendments.-- + (1) Title 10.--Title 10, United States Code, is amended as + follows: + (A) In each provision as follows, by striking + ``Under Secretary of Defense for Intelligence'' and + inserting ``Under Secretary of Defense for Intelligence + and Security'': + (i) Section 131(b)(3)(F). + (ii) Section 137, each place it appears. + (iii) Section 139a(d)(6). + (iv) Section 139b(c)(2)(E). + (v) Section 181(d)(1)(B). + (vi) Section 393(b)(2)(C). + (vii) Section 426, each place it appears. + (viii) Section 430(a). + (B) In section 137a(c)(6), by striking ``Deputy + Under Secretary of Defense for Intelligence'' and + inserting ``Deputy Under Secretary of Defense for + Intelligence and Security''. + (C) The heading of section 137 is amended to read + as follows: +``Sec. 137. Under Secretary of Defense for Intelligence and Security''. + (D) The table of sections at the beginning of + chapter 4 is amended by striking the item relating to + section 137 and inserting the following new item: + +``137. Under Secretary of Defense for Intelligence and Security.''. + (2) Title 5.--Title 5, United States Code, is amended as + follows: + (A) In section 5314, by striking ``Under Secretary + of Defense for Intelligence'' and inserting ``Under + Secretary of Defense for Intelligence and Security''. + (B) In section 5315, by striking ``Deputy Under + Secretary of Defense for Intelligence'' and inserting + ``Deputy Under Secretary of Defense for Intelligence + and Security''. + +SEC. 1622. REPEAL OF CERTAIN REQUIREMENTS RELATING TO INTEGRATION OF + DEPARTMENT OF DEFENSE INTELLIGENCE, SURVEILLANCE, AND + RECONNAISSANCE CAPABILITIES. + + (a) Repeal.--Section 426 of title 10, United States Code, is hereby +repealed. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 21 of such title is amended by striking the item relating to +section 426. + +SEC. 1623. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN + INTELLIGENCE PERSONNEL. + + (a) In General.--The Secretary of Defense and the Director of +National Intelligence shall, consistent with Department of Defense +Instruction 1400.25, as in effect on the day before the date of the +enactment of this Act-- + (1) not later than 180 days after the date of the enactment + of this Act, submit to the appropriate committees of Congress a + report that outlines a common methodology for measuring + onboarding in covered elements of the intelligence community, + including human resources and security processes; + (2) not later than one year after the date of the enactment + of this Act, issue metrics for assessing key phases in the + onboarding described in paragraph (1) for which results will be + reported by the date that is 90 days after the date of such + issuance; + (3) not later than 180 days after the date of the enactment + of this Act, submit to the appropriate committees of Congress a + report on collaboration among covered elements of the + intelligence community on their onboarding processes; + (4) not later than 180 days after the date of the enactment + of this Act, submit to the appropriate committees of Congress a + report on employment of automated mechanisms in covered + elements of the intelligence community, including for tracking + personnel as they pass through each phase of the onboarding + process; and + (5) not later than December 31, 2020, distribute surveys to + human resources offices and applicants about their experiences + with the onboarding process in covered elements of the + intelligence community. + (b) Definitions.--In this section: + (1) The term ``appropriate committees of Congress'' means-- + (A) the Select Committee on Intelligence and the + Committee on Armed Services of the Senate; and + (B) the Permanent Select Committee on Intelligence + and the Committee on Armed Services of the House of + Representatives. + (2) The term ``covered elements of the intelligence + community'' means the elements of the intelligence community + that are within the following: + (A) The Department of Energy. + (B) The Department of Homeland Security. + (C) The Department of Justice. + (D) The Department of State. + (E) The Department of the Treasury. + +SEC. 1624. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ACTIVITIES + ON FACILITATING ACCESS TO LOCAL CRIMINAL RECORDS + HISTORICAL DATA. + + (a) Activity Authorized.--The Director of the Defense +Counterintelligence and Security Agency may carry out a set of +activities relating to facilitating access by the Agency to local +criminal records historical data. + (b) Activities Characterized.--The activities carried out under +subsection (a) shall include only the following: + (1) Training and education. + (2) Outreach to State, local, and tribal authorities. + (3) Direct assistance. + (c) Reports.-- + (1) Initial report.--Not later than 90 days after the date + of the enactment of this Act, the Director shall submit to the + congressional defense committees a report that details a + concept of operation for the set of activities authorized by + subsection (a). + (2) Annual reports.--Not later than one year after the date + on which the Director submits a report pursuant to paragraph + (1) and not less frequently than once each year thereafter, the + Director shall submit to the congressional defense committees a + detailed report on the activities carried out by the Director + under this section. + + Subtitle C--Cyberspace-related Matters + +SEC. 1631. REORIENTATION OF BIG DATA PLATFORM PROGRAM. + + (a) Reorientation of Program.-- + (1) In general.--Not later than January 1, 2021, the + Secretary of Defense shall-- + (A) reorient the Big Data Platform program as + specified in this section; and + (B) align the reorientation effort under an + existing line of effort of the Cyber Strategy of the + Department of Defense. + (2) Oversight of implementation.--The Secretary shall act + through the Principal Cyber Advisor and the supporting Cross + Functional Team in the oversight of the implementation of + paragraph (1). + (b) Common Baseline and Security Classification Scheme.-- + (1) In general.--Not later than January 1, 2021, the + Secretary shall establish a common baseline and security + classification scheme for the collection, storage, processing, + querying, analysis, and accessibility of a common and + comprehensive set of metadata from sensors, applications, + appliances, products, and systems deployed across the + Department of Defense Information Network (DODIN) to enable the + discovery, tracking, and remediation of cybersecurity threats. + (2) Requirements.--In carrying out paragraph (1), the + Secretary shall-- + (A) take such actions as the Secretary considers + necessary to standardize deployed infrastructure, + including the Department of Defense's perimeter + capabilities at the Internet Access Points and the + Joint Regional Security Stacks, and the routing of data + laterally and vertically from Department of Defense + Information Network segments and tiers, to enable + standard and comprehensive metadata collection; + (B) take such actions as the Secretary considers + necessary to standardize deployed cybersecurity + applications, products, and sensors and the routing of + data laterally and vertically from Department of + Defense Information Network segments and tiers, to + enable standard and comprehensive metadata collection; + (C) develop an enterprise-wide architecture and + strategy for-- + (i) where to place sensors or extract data + from network information technology, + operational technology, and cybersecurity + appliances, applications, products, and systems + for cybersecurity purposes; + (ii) which metadata data records should be + universally sent to Big Data Platform instances + and which metadata data records, if any, should + be locally retained; and + (iii) expeditiously and efficiently + transmitting metadata records to the Big Data + Platform instances, including the acquisition + and installation of further data bandwidth; + (D) determine the appropriate number, organization, + and functions of separate Big Data Platform instances, + and whether the Big Data Platform instances that are + currently managed by Department of Defense components, + including the military services, should instead be + jointly and regionally organized; + (E) determine the appropriate roles of the Defense + Information Systems Agency's Acropolis and United + States Cyber Command's Scarif Big Data Platforms as + enterprise-wide real-time cybersecurity situational + awareness capabilities, as complements or replacements + for component-level Big Data Platform instances; + (F) ensure that all Big Data Platform instances are + engineered and approved to enable standard access and + query capabilities by the Unified Platform, the network + defense service providers, and the Cyber Mission + Forces, with centrally managed authentication and + authorization services; + (G) prohibit barriers to information sharing, + distributed query, data analysis, and collaboration + across Big Data Platform instances, such as + incompatible interfaces, interconnection service + agreements, and the imposition of accreditation + boundaries; + (H) transition all Big Data Platform instances to a + cloud computing environment in alignment with the cloud + strategy of the Chief Information Officer of the + Department of Defense; + (I) consider whether packet capture databases + should continue to be maintained separately from the + Big Data Platform instances, managed at the secret + level of classification, and treated as malware- + infected when the packet data are copies of packets + extant in the Department of Defense Information + Network; + (J) in the case that the Secretary decides to + sustain the status quo on packet capture databases, + ensure that analysts operating on or from the Unified + Platform, the Big Data Platform instances, the network + defense services providers, and the Cyber Mission Force + units can directly access packets and query the + database; and + (K) consider whether the Joint Artificial + Intelligence Center's cybersecurity artificial + intelligence national mission initiative should include + an application for the metadata residing in the Big + Data Platform instances. + (c) Limit on Data and Data Indexing Schema.--The Secretary shall +ensure that the Unified Platform program utilizes the data and the data +indexing schema that is native to the Big Data Platform rather than +creating a duplicate index or data tagger. + (d) Analytics and Application Sourcing and Collaboration.--The +Secretary shall ensure that the Services and office of the Big Data +Platform program-- + (1) seek advanced analytics and applications from + Government and commercial sources that can be executed on the + deployed Big Data Platform architecture; and + (2) collaborate with vendors offering commercial analytics + and applications, including support to refactoring commercial + capabilities to the Government platform where industry can + still own the intellectual property embedded in the analytics + and applications. + (e) Briefing Required.--Not later than 180 days after the date of +the enactment of this Act and not less frequently than once every 180 +days thereafter until the activities required by subsection (a)(1) are +completed, the Secretary shall provide the congressional defense +committees a briefing on the activities of the Secretary in carrying +out subsection (b). + +SEC. 1632. ZERO-BASED REVIEW OF DEPARTMENT OF DEFENSE CYBER AND + INFORMATION TECHNOLOGY PERSONNEL. + + (a) Review Required.--Not later than January 1, 2021, each head of +a covered department, component, or agency shall-- + (1) complete a zero-based review of the cyber and + information technology personnel of the head's covered + department, component, or agency; and + (2) provide the Principal Cyber Advisor, the Chief + Information Officer of the Department of Defense, and the Under + Secretary of Defense for Personnel and Readiness the findings + of the head with respect to the head's covered department, + component, or agency. + (b) Covered Departments, Components, and Agencies.--For purposes of +this section, a covered department, component, or agency is-- + (1) an independent Department of Defense component or + agency; + (2) the Office of the Secretary of Defense; + (3) a component of the Joint Staff; + (4) a military department or an armed force; or + (5) a reserve component of the Armed Forces. + (c) Scope of Review.--As part of a review conducted pursuant to +subsection (a)(1), the head of a covered department, component, or +agency shall, with respect to the covered department, component, or +agency of the head-- + (1) assess military, civilian, and contractor positions and + personnel performing cyber and information technology missions; + (2) determine the roles and functions assigned by reviewing + existing position descriptions and conducting interviews to + quantify the current workload performed by military, civilian, + and contractor workforce; + (3) compare the Department's manning with the manning of + comparable industry organizations; + (4) include evaluation of the utility of cyber- and + information technology-focused missions, positions, and + personnel within such components-- + (A) to assess the effectiveness and efficiency of + current activities; + (B) to assess the necessity of increasing, + reducing, or eliminating resources; and + (C) to guide prioritization of investment and + funding; + (5) develop recommendations and objectives for + organizational, manning, and equipping change, taking into + account anticipated developments in information technologies, + workload projections, automation and process enhancements, and + Department requirements; + (6) develop a gap analysis, contrasting the current + organization and the objectives developed pursuant to paragraph + (5); and + (7) develop roadmaps of prioritized activities and a + timeline for implementing the activities to close the gaps + identified pursuant to paragraph (6). + (d) Elements.--In carrying out a review pursuant to subsection +(a)(1), the head of a covered department, component, or agency shall +consider the following: + (1) Whether position descriptions and coding designators + for given cybersecurity and information technology roles are + accurate indicators of the work being performed. + (2) Whether the function of any cybersecurity or + information technology position or personnel can be replaced by + acquisition of cybersecurity or information technology products + or automation. + (3) Whether a given component or subcomponent is over- or + under-resourced in terms of personnel, using industry standards + as a benchmark where applicable. + (4) Whether cybersecurity service provider positions and + personnel fit coherently into the enterprise-wide cybersecurity + architecture and with the Department's cyber protection teams. + (5) Whether the function of any cybersecurity or + information technology position or personnel could be conducted + more efficiently or effectively by enterprise-level cyber or + information technology personnel. + (e) Furnishing Data and Analysis.-- + (1) Data and analysis.--In carrying out subsection (a)(2), + each head of a covered department, component, or agency, shall + furnish to the Principal Cyber Advisor, the Chief Information + Officer, and the Under Secretary a description of the analysis + that led to the findings submitted under such subsection and + the data used in such analysis. + (2) Certification.--The Principal Cyber Advisor, the Chief + Information Officer, and the Under Secretary of Defense shall + jointly review each submittal under subsection (a)(2) and + certify whether the findings and analysis are in compliance + with the requirements of this section. + (f) Recommendations.--After receiving findings submitted by a head +of a covered department, component, or agency pursuant to paragraph (2) +of subsection (a) with respect to a review conducted by the head +pursuant to paragraph (1) of such subsection, the Principal Cyber +Advisor, the Chief Information Officer, and the Under Secretary shall +jointly provide to such head such recommendations as the Principal +Cyber Advisor, the Chief Information Officer, and the Under Secretary +may have for changes in manning or acquisition that proceed from such +review. + (g) Implementation.--The Principal Cyber Advisor, the Chief +Information Officer, and the Under Secretary shall jointly oversee and +assist in the implementation of the roadmaps developed pursuant to +subsection (c)(7) and the recommendations developed pursuant to +subsection (f). + (h) In-progress Reviews.--Not later than six months after the date +of the enactment of this Act and not less frequently than once every +six months thereafter until the Principal Cyber Advisor, the Chief +Information Officer, and the Under Secretary give the briefing required +by subsection (i), the Principal Cyber Advisor, the Chief Information +Officer, and the Under Secretary shall jointly-- + (1) conduct in-progress reviews of the status of the + reviews required by subsection (a)(1); and + (2) provide the congressional defense committees with a + briefing on such in-progress reviews. + (i) Final Briefing.--After all of the reviews have been completed +under paragraph (1) of subsection (a), after receiving all of the +findings pursuant to paragraph (2) of such subsection, and not later +than June 1, 2021, the Principal Cyber Advisor, the Chief Information +Officer, and the Under Secretary shall jointly provide to the +congressional defense committees a briefing on the findings of the +Principal Cyber Advisor, the Chief Information Officer, and the Under +Secretary with respect to such reviews, including such recommendations +as the Principal Cyber Advisor, the Chief Information Officer, and the +Under Secretary may have for changes to the budget of the Department as +a result of such reviews. + (j) Definition of Zero-based Review.--In this section, the term +``zero-based review'' means a review in which assessment is conducted +with each item, position, or person costed anew, rather than in +relation to its size or status in any previous budget. + +SEC. 1633. STUDY ON IMPROVING CYBER CAREER PATHS IN THE NAVY. + + (a) Study Required.--Not later than October 1, 2020, the Secretary +of the Navy and the Chief of Naval Operations shall jointly-- + (1) complete a study on methods to improve military and + civilian cyber career paths within the Navy; and + (2) submit to the congressional defense committees a report + on the findings of the Secretary and Chief with respect to the + study completed pursuant to paragraph (1) and submit such + report with all of the data used in such study. + (b) Elements.--The report submitted pursuant to subsection (a)(2) +shall include the following: + (1) A plan for implementing career paths for civilian and + military personnel tailored to develop expertise in cyber skill + sets, including skills sets appropriate for offensive and + defensive military cyber operations. + (2) Suggested changes to the processes that govern the + identification of talent and career progression of the civilian + and military workforce. + (3) A methodology for a cyber workforce assignment policy + that deliberately builds depth and breadth of knowledge + regarding the conduct of cyber operations throughout an entire + career. + (4) Possible enhancements to identifying, recruiting, + training, and retaining the cyber workforce, both civilian and + military, especially for Interactive On-Net operators and tool + developers. + (5) Recommendations for legislative and administrative + actions to address the findings and recommendations of the + Secretary and the Chief with respect to the study completed + pursuant to subsection (a)(1). + (c) Consultation.--In conducting the study required by subsection +(a)(1), the Secretary and the Chief shall consult with the following: + (1) The Principal Cyber Advisor of the Department of + Defense. + (2) The Secretary of the Air Force. + (3) The Air Force Chief of Staff. + (4) The Secretary of the Army. + (5) The Army Chief of Staff. + (6) The Commandant of the Marine Corps. + (7) The Under Secretary of Defense for Personnel and + Readiness. + (8) The Chief Information Officer of the Department of + Defense. + (9) The Commander of the United States Cyber Command. + +SEC. 1634. FRAMEWORK TO ENHANCE CYBERSECURITY OF THE UNITED STATES + DEFENSE INDUSTRIAL BASE. + + (a) Framework Required.--Not later than February 1, 2020, the +Secretary of Defense shall develop a consistent, comprehensive +framework to enhance cybersecurity for the United States defense +industrial base. + (b) Elements.--The framework developed pursuant to subsection (a) +shall include the following: + (1) Identification of unified cybersecurity standards, + regulations, metrics, ratings, third-party certifications, or + requirements to be imposed on the defense industrial base for + the purpose of assessing the cybersecurity of individual + contractors. + (2) The roles and responsibilities of various activities + within the Department of Defense, across the entire acquisition + process, beginning with market research, including + responsibility determination, solicitation, and award, and + continuing with contractor management and oversight on matters + relating to cybersecurity. + (3) The responsibilities of the prime contractors, and all + subcontractors in the supply chain, for implementing the + required cybersecurity standards, regulations, metrics, + ratings, third-party certifications, and requirements + identified under paragraph (1). + (4) A plan to provide implementation guidance, education, + manuals, and, as necessary, direct technical support or + assistance to such contractors on matters relating to + cybersecurity. + (5) Methods and programs for defining and managing + controlled unclassified information, and for limiting the + presence of unnecessary sensitive information on contractor + networks. + (6) Quantitative metrics for assessing the effectiveness of + the overall framework over time, with respect to the + exfiltration of controlled unclassified information from the + defense industrial base. + (c) Matters for Consideration.--In developing the framework +required by subsection (a), the Secretary shall consider the following: + (1) Designating an official to be responsible for the + cybersecurity of the defense industrial base. + (2) Evaluating methods, standards, metrics, and third-party + certifications for assessing the cybersecurity of individual + contractors. + (3) Ensuring a consistent approach across the Department to + matters relating to the cybersecurity of the defense industrial + base. + (4) Tailoring cybersecurity requirements for small- and + medium-sized contractors based on a risk-based approach. + (5) Ensuring the Department's traceability and visibility + of cybersecurity compliance of suppliers to all levels of the + supply chain. + (6) Evaluating incentives and penalties for cybersecurity + performance of suppliers. + (7) Integrating cybersecurity and traditional + counterintelligence measures, requirements, and programs. + (8) Establishing a secure software development environment + (DevSecOps) in a cloud environment inside the perimeter of the + Department for contractors to do their development work. + (9) Establishing a secure cloud environment where + contractors could access the data of the Department needed for + their contract work. + (10) Establishing a Cybersecurity Maturity Model + Certification for defense industrial base companies, scoring + companies on a rating scale, and requiring certain ratings for + contract awards. + (11) Providing additional assistance to small companies in + the form of training, mentoring, approved security product + lists, and approved lists of security-as-a-service providers. + (12) Technological means, operational concepts, reference + architectures, offensive counterintelligence operation + concepts, and plans for operationalization to complicate + adversary espionage, including honeypotting and data + obfuscation. + (13) Implementing enhanced security vulnerability + assessments for contractors working on critical acquisition + programs, technologies, manufacturing capabilities, and + research areas. + (14) Identifying ways to better leverage technology and + employ machine learning or artificial intelligence + capabilities, such as Internet Protocol monitoring and data + integrity capabilities to be applied to contractor information + systems that host, receive, or transmit controlled unclassified + information. + (15) Developing tools to easily segregate program data to + only allow subcontractors access to their specific information. + (16) Appropriate communications of threat assessments of + the defense industrial base to the acquisition workforce at all + classification levels. + (17) Appropriate communications with industry on the impact + of cybersecurity considerations in contracting and procurement + decisions. + (d) Consultation.--In developing the framework required by +subsection (a), the Secretary shall consult with the following: + (1) Industry groups representing the defense industrial + base. + (2) Contractors in the defense industrial base. + (3) The Director of the National Institute of Standards and + Technology. + (4) The Secretary of Energy and the Nuclear Regulatory + Commission. + (5) The Director of National Intelligence. + (e) Briefing.-- + (1) In general.--Not later than March 11, 2020, the + Secretary of Defense shall provide the congressional defense + committees with a briefing on the framework developed pursuant + to subsection (a). + (2) Contents.--The briefing required by paragraph (1) shall + include the following: + (A) An overview of the framework developed in + subsection (a). + (B) Identification of such pilot programs as the + Secretary considers may be required to improve the + cybersecurity of the defense industrial base. + (C) Implementation timelines and identification of + costs. + (D) Such recommendations as the Secretary may have + for legislative action to improve the cybersecurity of + the defense industrial base. + (f) Quarterly Briefings.-- + (1) In general.--Not less frequently than once each quarter + until February 1, 2022, the Secretary of Defense shall brief + the congressional defense committees on the status of + development and implementation of the framework required by + subsection (a). + (2) Coordination with other briefings.--Each briefing under + paragraph (1) shall be conducted in conjunction with a + quarterly briefing under section 484(a) of title 10, United + States Code. + (3) Elements.--Each briefing under paragraph (1) shall + include the following: + (A) The current status of the development and + implementation of the framework required by subsection + (a). + (B) A description of the efforts undertaken by the + Secretary to evaluate the matters for consideration set + forth in subsection (c). + (C) The current status of any pilot programs the + Secretary is carrying out to develop the framework. + +SEC. 1635. ROLE OF CHIEF INFORMATION OFFICER IN IMPROVING ENTERPRISE- + WIDE CYBERSECURITY. + + (a) In General.--In carrying out the responsibilities established +in section 142 of title 10, United States Code, the Chief Information +Officer of the Department of Defense shall, to the maximum extent +practicable, ensure that the cybersecurity programs and capabilities of +the Department-- + (1) fit into an enterprise-wide cybersecurity architecture; + (2) are maximally interoperable with each other, including + those deployed by the components of the Department; + (3) enhance enterprise-level visibility and responsiveness + to threats; and + (4) are developed, procured, instituted, and managed in a + cost-efficient manner, exploiting economies of scale and + enterprise-wide services and discouraging unnecessary + customization and piecemeal acquisition. + (b) Requirements.--In carrying out subsection (a), the Chief +Information Officer shall-- + (1) manage and modernize the cybersecurity architecture of + the Department, including-- + (A) ensuring the cybersecurity architecture of the + Department maximizes cybersecurity capability, network, + and endpoint activity data-sharing across Department + components; + (B) ensuring the cybersecurity architecture of the + Department supports improved automaticity of + cybersecurity detection and response; and + (C) modernizing and configuring the Department's + standardized deployed perimeter, network-level, and + endpoint capabilities to improve interoperability, meet + pressing capability needs, and negate common adversary + tactics, techniques, and procedures; + (2) establish mechanisms to enable and mandate, as + necessary, cybersecurity capability, and network and endpoint + activity data-sharing across Department components; + (3) make mission data, through data tagging, automatic + transmission, and other means, accessible and discoverable by + Department components other than owners of those mission data; + (4) incorporate emerging cybersecurity technologies from + the Defense Advanced Research Projects Agency, the Strategic + Capabilities Office, the Defense Innovation Unit, the + laboratories of the military departments, and the commercial + sector into the cybersecurity architecture of the Department; + and + (5) ensure that the Department possesses the necessary + computing infrastructure, through technology refresh, + installation or acquisition of bandwidth, and the use of cloud + computing power, to host and enable necessary cybersecurity + capabilities. + +SEC. 1636. QUARTERLY ASSESSMENTS OF THE READINESS OF CYBER FORCES. + + (a) In General.--Section 484(b) 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): + ``(4) An assessment of the readiness of the Cyber Mission + Forces that-- + ``(A) addresses all of the abilities of the + Department to conduct cyberspace operations based on + capability and capacity of personnel, equipment, + training, and equipment condition-- + ``(i) using both quantitative and + qualitative metrics; and + ``(ii) in a way that is common to all + military departments; and + ``(B) is consistent with readiness reporting + pursuant to section 482 of this title.''. + (b) Metrics.-- + (1) Establishment required.--The Secretary of Defense shall + establish metrics for the assessment of the readiness of the + Cyber Mission Forces of the Department of Defense. + (2) Briefing required.--Not later than 90 days after the + date of the enactment of this Act, the Secretary will provide a + briefing to the congressional defense committees on the metrics + established pursuant to paragraph (1). + (c) Modification of Readiness Reporting System.--Not later than 180 +days after the date of the enactment of this Act, the Secretary shall +take such actions as the Secretary considers appropriate to ensure that +the comprehensive readiness reporting system established pursuant to +section 117(a) of title 10, United States Code, covers matters relating +to the readiness of the Cyber Mission Forces-- + (1) using the metrics established pursuant to subsection + (b)(1); and + (2) in a manner that is consistent with sections 117 and + 482 of such title. + (d) First Quarterly Briefing Assessing Cyber Readiness.--The +amendments made by subsection (a) shall take effect on the date that is +180 days after the date of the enactment of this Act. + +SEC. 1637. CONTROL AND ANALYSIS OF DEPARTMENT OF DEFENSE DATA STOLEN + THROUGH CYBERSPACE. + + (a) Requirements.--When the Secretary of Defense determines that +significant Department of Defense information may have been stolen +through cyberspace and evidence of theft of the data in question-- + (1) is in the possession of a component of the Department, + the Secretary shall-- + (A) either transfer or replicate and transfer such + Department data in a prompt and secure manner to a + secure repository with access by Department personnel + appropriately limited on a need-to-know basis; + (B) ensure the Department applies such automated + analytic tools and capabilities to the repository of + potentially compromised data as are necessary to + rapidly understand the scope and effect of the + potential compromise; + (C) for high priority Department systems, develop + analytic products that characterize the scope of data + compromised; + (D) ensure that all mission-affected entities in + the Department are made aware of the theft or possible + theft and, as damage assessment and mitigation + proceeds, are kept apprised of the extent of the data + stolen; and + (E) ensure that the Department counterintelligence + organizations are-- + (i) fully integrated with any damage + assessment team assigned to the breach; + (ii) fully informed of the data that have + or potentially have been stolen and the effect + of such theft; and + (iii) provided resources and tasked, in + conjunction with subject matter experts and + responsible authorities, to immediately develop + and execute countermeasures in response to a + breach involving espionage and data theft; or + (2) is in the possession of or under controls or + restrictions imposed by the Federal Bureau of Investigation, or + a national counterintelligence or intelligence organization, + the Secretary shall determine, jointly with the Director of the + Federal Bureau of Investigation or the Director of National + Intelligence, as appropriate, the most expeditious process, + means, and conditions for carrying out the activities otherwise + required by paragraph (1). + (b) Recommendations.--Not later than 90 days after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees such recommendations as the Secretary may have for +legislative or administrative action to address such barriers as may be +inhibiting the implementation of this section. + +SEC. 1638. ACCREDITATION STANDARDS AND PROCESSES FOR CYBERSECURITY AND + INFORMATION TECHNOLOGY PRODUCTS AND SERVICES. + + (a) Assessment.--The Chief Information Officer of the Department of +Defense shall conduct an enterprise assessment of accreditation of +standards and processes for cybersecurity and information technology +products and services. + (b) Report.-- + (1) In general.--Not later than April 1, 2020, the Chief + Information Officer shall submit to the congressional defense + committees a report on the assessment conducted under + subsection (a). + (2) Contents.--The report submitted under paragraph (1) + shall include the following: + (A) The findings of the Chief Information Officer + with respect to the assessment conducted under + subsection (a). + (B) A description of the modifications proposed or + enacted to accreditation standards and processes + arising out of the assessment. + (C) A description of how the Department will + increasingly automate accreditation processes, pursue + agile development, incorporate machine learning, and + foster reciprocity across authorizing officials. + +SEC. 1639. EXTENSION OF AUTHORITIES FOR CYBERSPACE SOLARIUM COMMISSION. + + Section 1652(k) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232) is +amended-- + (1) in paragraph (1), by striking ``September 1, 2019'' and + inserting ``February 1, 2020''; and + (2) in paragraph (2), by striking ``and intelligence + committees'' and inserting ``committees, the congressional + intelligence committees, the Committee on Homeland Security and + Governmental Affairs of the Senate, and the Committee on + Homeland Security of the House of Representatives''. + +SEC. 1640. MODIFICATION OF ELEMENTS OF ASSESSMENT REQUIRED FOR + TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER OF THE + UNITED STATES CYBER COMMAND. + + Section 1642(b)(2)(C) of the National Defense Authorization Act for +Fiscal Year 2017 (130 Stat. 2601; Public Law 114-328) is amended-- + (1) in clause (ii), by inserting ``and national + intelligence operations'' after ``operations''; + (2) by amending clause (iii) to read as follows: + ``(iii) The tools, weapons, and accesses + used in and available for military cyber + operations are sufficient for achieving + required effects and United States Cyber + Command is capable of acquiring or developing + these tools, weapons, and accesses.''; and + (3) by amending clause (vi) to read as follows: + ``(vi) The cyber mission force has achieved + full operational capability and has + demonstrated the capacity to execute the cyber + missions of the Department, including-- + ``(I) execution of national-level + missions through cyberspace, including + deterrence and disruption of adversary + cyber activity; + ``(II) defense of the Department of + Defense Information Network; and + ``(III) support for other combatant + commands, including targeting of + adversary military assets.''. + +SEC. 1641. USE OF NATIONAL SECURITY AGENCY CYBERSECURITY EXPERTISE TO + SUPPORT ACQUISITION OF COMMERCIAL CYBERSECURITY PRODUCTS. + + (a) Advisory Mission.--The National Security Agency shall, as a +mission in its role in securing the information systems of the +Department of Defense, advise and assist the Department of Defense in +its acquisition and adaptation of cybersecurity products and services +from industry, especially the commercial cybersecurity sector. + (b) Program to Improve Acquisition of Cybersecurity Products and +Services.-- + (1) Establishment.--Consistent with paragraph (1), the + Director of the National Security Agency shall establish a + permanent program consisting of market research, testing, and + expertise transmission, or augments to existing programs, to + improve the acquisition by the Department of cybersecurity + products and services. + (2) Requirements.--Under the program established pursuant + to paragraph (1), the Director shall, independently and at the + request of components of the Department-- + (A) test and evaluate commercially-available + cybersecurity products and services using-- + (i) generally known cyber operations + techniques; and + (ii) tools and cyber operations techniques + and advanced tools and techniques available to + the National Security Agency; + (B) develop and establish standard procedures, + techniques, and threat-informed metrics to perform the + testing and evaluation required by subparagraph (A); + and + (C) advise the Secretary of Defense on the merits + and disadvantages of evaluated cybersecurity products, + including with respect to-- + (i) any synergies between products; + (ii) value; + (iii) matters relating to operation and + maintenance; and + (iv) matters relating to customization + requirements. + (3) Limitations.--The program established under paragraph + (1) shall not-- + (A) by used to accredit cybersecurity products and + services for use by the Department; + (B) create approved products lists; or + (C) be used for acquisition contracts for the + procurement and fielding of cybersecurity products on + behalf of the Department. + +SEC. 1642. STUDY ON FUTURE CYBER WARFIGHTING CAPABILITIES OF DEPARTMENT + OF DEFENSE. + + (a) Study Required.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of Defense shall direct the +Defense Science Board to carry out a study on the future cyber +warfighting capabilities of the Department of Defense. + (b) Participation.--Participants in the study shall include the +following: + (1) Such members of the Board, including members of the + Task Force on Cyber Deterrence of the Board, as the Chairman of + the Board considers appropriate for the study. + (2) Such additional temporary members or contracted support + as the Secretary-- + (A) selects from those recommended by the Chairman + for purposes of the study; and + (B) considers to have significant technical, + policy, or military expertise. + (c) Elements.--The study conducted pursuant to subsection (a) shall +include the following: + (1) A technical evaluation of the Joint Cyber Warfighting + Architecture of the Department, especially the Unified + Platform, Joint Cyber Command and Control, and Persistent Cyber + Training Environment, including with respect to the following: + (A) The suitability of the requirements and, as + relevant, the delivered capability of such architecture + to modern cyber warfighting. + (B) Such requirements or capabilities as may be + absent or underemphasized in such architecture. + (C) The speed of development and acquisition as + compared to mission need. + (D) Identification of potential duplication of + efforts among the programs and concepts evaluated. + (E) The coherence of such architecture with the + National Mission Teams and Combat Mission Teams of the + Cyber Mission Force, as constituted and organized on + the day before the date of the enactment of this Act. + (F) The coherence of such architecture with the + Cyber Protection Teams of the Cyber Mission Force and + the cybersecurity service providers of the Department, + as constituted and organized on the day before the date + of the enactment of this Act. + (G) The coherence of such architecture with the + concepts of persistent engagement and defending forward + as incorporated in the 2018 Department of Defense Cyber + Strategy, including with respect to operational + concepts such as consistent spy-on-spy deterrence, + securing adversary operating pictures, and preemptively + feeding indicators and warning to defensive operators. + (2) A technical evaluation of the tool development and + acquisition programs of the Department, including with respect + to the following: + (A) The suitability of planned tool suite and cyber + armory constructs of the United States Cyber Command to + modern cyber warfighting. + (B) The speed of development and acquisition as + compared to mission need. + (C) The resourcing and effectiveness of the + internal tool development of the United States Cyber + Command as compared to the tool development of the + National Security Agency. + (D) The resourcing and effectiveness of the + internal tool development of the United States Cyber + Command as compared to its acquisition. + (E) The coherence of such programs with the + concepts of persistent engagement and defending forward + as incorporated in the 2018 Department of Defense Cyber + Strategy, including with respect to operational + concepts such as consistent spy-on-spy deterrence, + securing adversary operating pictures, and preemptively + feeding indicators and warning to defensive operators. + (3) An evaluation of the operational planning and targeting + of the United States Cyber Command, including support for + regional combatant commands, and suitability for modern cyber + warfighting. + (4) Development of such recommendations as the Board may + have for legislative or administrative action relating to the + future cyber warfighting capabilities of the Department. + (d) Access to Information.--The Secretary shall provide the Board +with timely access to appropriate information, data, resources, and +analysis so that the Board may conduct a thorough and independent +analysis as required under this section. + (e) Report.-- + (1) Transmittal to secretary.--Not later than November 1, + 2021, the Board shall transmit to the Secretary a final report + on the study conducted pursuant to subsection (a). + (2) Transmittal to congress.--Not later than 30 days after + the date on which the Secretary receives the final report under + paragraph (1), the Secretary shall submit to the congressional + defense committees such report and such comments as the + Secretary considers appropriate. + +SEC. 1643. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CYBER + OPERATIONS-PECULIAR CAPABILITY DEVELOPMENT PROJECTS. + + (a) In General.--Subchapter I of chapter 134 of title 10, United +States Code, is amended by inserting after section 2243 the following +new section: +``Sec. 2243a. Authority to use operation and maintenance funds for + cyber operations-peculiar capability development projects + ``(a) In General.--Subject to subsection (c), the covered officials +may each use amounts authorized to be appropriated or otherwise made +available for the Department of Defense for operation and maintenance, +to carry out cyber operations-peculiar capability development projects. + ``(b) Covered Officials.--For purposes of this section, the covered +officials are as follows: + ``(1) The Secretary of the Army. + ``(2) The Secretary of the Navy. + ``(3) The Secretary of the Air Force. + ``(4) The Commandant of the Marine Corps. + ``(c) Limitation.--In a fiscal year, the aggregate amount that may +be used by a single covered official under subsection (a) may not +exceed $3,000,000. + ``(d) Relationship to Other Laws.--The authority in subsection (a) +may be used without regard to any provision of law establishing a limit +on the unit cost of an investment item that may be purchased with funds +made available for operation and maintenance.''. + (b) Table of Sections Amendment.--The table of sections at the +beginning of such subchapter is amended by inserting after the item +relating to section 2243 the following new item: + +``2243a. Authority to use operation and maintenance funds for cyber + operations-peculiar capability development + projects.''. + (c) Reports.-- + (1) In general.--In each of fiscal years 2021, 2022, and + 2023, the Secretary of Defense shall submit to the + congressional defense committees a report on the use of the + authority provided under section 2243a(a) of title 10, United + States Code, as added by subsection (a), during the previous + fiscal year. + (2) Timing.--Each report submitted pursuant to paragraph + (1) shall be submitted concurrently with the annual budget + request of the President submitted pursuant to section 1105 of + title 31, United States Code. + +SEC. 1644. EXPANSION OF AUTHORITY FOR ACCESS AND INFORMATION RELATING + TO CYBERATTACKS ON DEPARTMENT OF DEFENSE OPERATIONALLY + CRITICAL CONTRACTORS. + + Section 391(c) of title 10, United States Code, is amended-- + (1) in paragraph (3)-- + (A) by amending subparagraph (A) to read as + follows: + ``(A) include mechanisms for Department personnel-- + ``(i) if requested by an operationally + critical contractor, to assist the contractor + in detecting and mitigating penetrations; or + ``(ii) at the request of the Department, to + obtain access to equipment or information of an + operationally critical contractor necessary to + conduct a forensic analysis, in addition to any + analysis conducted by the contractor; and''; + and + (B) in subparagraph (B)-- + (i) by striking ``to determine whether + information'' and inserting the following: ``to + determine whether-- + ``(i) information''; + (ii) in clause (i), as so designated-- + (I) by inserting ``or compromised + on'' after ``exfiltrated from''; and + (II) by striking the period at the + end and inserting ``or compromised; + or''; and + (iii) by adding at the end the following + new clause: + ``(ii) the ability of the contractor to + provide operationally critical support has been + affected and, if so, how and to what extent it + has been affected.''; + (2) in paragraph (4), by inserting ``, so as to minimize + delays in or any curtailing of the Department's cyber response + and defensive actions'' after ``specific person''; and + (3) in paragraph (5)(C), by inserting `` or + counterintelligence activities'' after ``investigations''. + +SEC. 1645. BRIEFING ON MEMORANDUM OF UNDERSTANDING RELATING TO JOINT + OPERATIONAL PLANNING AND CONTROL OF CYBER ATTACKS OF + NATIONAL SCALE. + + (a) Briefing Required.--Not later than March 1, 2020, the Secretary +of Defense shall provide the appropriate committees of Congress a +briefing on the Joint Department of Defense and Department of Homeland +Security Memorandum of Understanding signed by the Secretary of Defense +on October 6, 2018. + (b) Elements.--The briefing required by subsection (a) shall +include the following: + (1) The number of planners assigned by the Department of + Defense to line of effort three and line of effort four and the + areas of expertise of those planners. + (2) Whether the planners described in paragraph (1) are + physically co-located with their counterparts in the Department + of Homeland Security and are assigned full-time or part-time to + line of effort three and line of effort four. + (3) Whether the planners described in paragraph (1) are + developing operational plans and playbooks that will be + implemented in response to actual cyber attacks of national + scale or whether the planning activities are limited to + planning and exercise scenarios. + (4) Whether the official in charge of the planners assigned + to line of effort three and line of effort four has or will + have operational control of a Federal response to a cyber + attack of national scale. + (5) Whether the National Cyber Strategy, published in + September 2018, provides for a standing joint multi-agency + organization and staff to plan and direct operational responses + to cyber attacks of national scale. + (6) The charter and implementation plan of the Joint + Department of Defense and Department of Homeland Security Cyber + Protection and Defense Steering Group required by the + memorandum of understanding described in subsection (a). + (c) Definition of Appropriate Committees of Congress.--In this +section, the term ``appropriate committees of Congress'' means-- + (1) the congressional defense committees; + (2) the Committee on Homeland Security and Governmental + Affairs of the Senate; and + (3) the Committee on Homeland Security of the House of + Representatives. + +SEC. 1646. STUDY TO DETERMINE THE OPTIMAL STRATEGY FOR STRUCTURING AND + MANNING ELEMENTS OF THE JOINT FORCE HEADQUARTERS-CYBER + ORGANIZATIONS, JOINT MISSION OPERATIONS CENTERS, AND + CYBER OPERATIONS-INTEGRATED PLANNING ELEMENTS. + + (a) Study.-- + (1) In general.--The Principal Cyber Advisor of the + Department of Defense shall conduct a study to determine the + optimal strategy for structuring and manning elements of the + following: + (A) Joint Force Headquarters-Cyber organizations. + (B) Joint Mission Operations Centers. + (C) Cyber Operations-Integrated Planning Elements. + (2) Elements.--The study conducted under subsection (a) + shall include assessment of the following: + (A) Operational effects on the military services if + the entities listed in subparagraphs (A) through (C) of + paragraph (1) are restructured from organizations that + are service component organizations to joint + organizations. + (B) Organizational effects on the military services + if the billets associated with the entities listed in + subparagraphs (A) through (C) of paragraph (1) are + transferred to United States Cyber Command and + designated as joint billets for joint qualification + purposes. + (b) Report.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Principal Cyber Advisor shall + submit to the Committee on Armed Services of the Senate and the + Committee on Armed Services of the House of Representatives a + report on the study conducted under subsection (a). + (2) Contents.--The report submitted under paragraph (1) + shall contain the following: + (A) The findings of the Principal Cyber Advisor + with respect to the study conducted under subsection + (a). + (B) Details of the operational and organizational + effects assessed under subsection (a)(2). + (C) A plan to carry out the transfer described in + subsection (a)(2)(B) and the associated costs. + (D) Such other matters as the Principal Cyber + Advisor considers appropriate. + +SEC. 1647. CYBER GOVERNANCE STRUCTURES AND PRINCIPAL CYBER ADVISORS ON + MILITARY CYBER FORCE MATTERS. + + (a) Designation.-- + (1) In general.--Not later than one year after the date of + the enactment of this Act, each Secretary of a military + department shall designate a Principal Cyber Advisor to act as + the principal advisor to the Secretary of the military + department on the cyber forces, cyber programs, and + cybersecurity matters of the military department, including + matters relating to weapons systems, enabling infrastructure, + and the defense industrial base. + (2) Nature of position.--Each Principal Cyber Advisor + position under paragraph (1) shall be a senior civilian + leadership position. + (b) Responsibilities Principal Cyber Advisors.--Each Principal +Cyber Advisor of a military department shall be responsible for +advising the Secretary of the military department and coordinating and +overseeing the implementation of policy, strategies, sustainment, and +plans on the following: + (1) The resourcing and training of the military cyber + forces of the military department and ensuring that such + resourcing and training meets the needs of United States Cyber + Command. + (2) Acquisition of offensive and defensive cyber + capabilities for the military cyber forces of the military + department. + (3) Cybersecurity management and operations of the military + department. + (4) Acquisition of cybersecurity tools and capabilities for + the cybersecurity service providers of the military department. + (5) Improving and enforcing a culture of cybersecurity + warfighting and responsibility throughout the military + department. + (c) Administrative Matters.-- + (1) Designation of individuals.--In designating a Principal + Cyber Adviser under subsection (a), the Secretary of a military + department may designate an individual in an existing position + in the military department. + (2) Coordination.--The Principal Cyber Advisor of a + military department shall work in close coordination with the + Principal Cyber Advisor of the Department of Defense, the Chief + Information Officer of the Department, relevant military + service chief information officers, and other relevant military + service officers to ensure service compliance with the + Department of Defense Cyber Strategy. + (d) Responsibility to the Senior Acquisition Executives.--In +addition to the responsibilities set forth in subsection (b), the +Principal Cyber Advisor of a military department shall be responsible +for advising the senior acquisition executive of the military +department and, as determined by the Secretary of the military +department, for advising and coordinating and overseeing the +implementation of policy, strategies, sustainment, and plans for-- + (1) cybersecurity of the industrial base; and + (2) cybersecurity of Department of Defense information + systems and information technology services, including how + cybersecurity threat information is incorporated and the + development of cyber practices, cyber testing, and mitigation + of cybersecurity risks. + (e) Review of Current Responsibilities.-- + (1) In general.--Not later than January 1, 2021, each + Secretary of a military department shall review the military + department's current governance model for cybersecurity with + respect to current authorities and responsibilities. + (2) Elements.--Each review under paragraph (1) shall + include the following: + (A) An assessment of whether additional changes + beyond the designation of a Principal Cyber Advisor + pursuant to subsection (a) are required. + (B) Consideration of whether the current governance + structure and assignment of authorities-- + (i) enable effective top-down governance; + (ii) enable effective Chief Information + Officer and Chief Information Security Officer + action; + (iii) are adequately consolidated so that + the authority and responsibility for + cybersecurity risk management is clear and at + an appropriate level of seniority; + (iv) provides authority to a single + individual to certify compliance of Department + information systems and information technology + services with all current cybersecurity + standards; and + (v) support efficient coordination across + the military departments and services, the + Office of the Secretary of Defense, the Defense + Information Systems Agency, and United States + Cyber Command. + (f) Briefing.--Not later than February 1, 2021, each Secretary of a +military department shall brief the congressional defense committees on +the findings of the Secretary with respect to the review conducted by +the Secretary under subsection (e). + +SEC. 1648. DESIGNATION OF TEST NETWORKS FOR TESTING AND ACCREDITATION + OF CYBERSECURITY PRODUCTS AND SERVICES. + + (a) Designation.--Not later than April 1, 2020, the Secretary of +Defense shall designate, for use by the Defense Information Systems +Agency and such other components of the Department of Defense as the +Secretary considers appropriate, three test networks for the testing +and accreditation of cybersecurity products and services. + (b) Requirements.--The networks designated under subsection (a) +shall-- + (1) be of sufficient scale to realistically test + cybersecurity products and services; + (2) feature substantially different architectures and + configurations; + (3) be live, operational networks; and + (4) feature cybersecurity processes, tools, and + technologies that are appropriate for test purposes and + representative of the processes, tools, and technologies that + are widely used throughout the Department. + +SEC. 1649. CONSORTIA OF UNIVERSITIES TO ADVISE SECRETARY OF DEFENSE ON + CYBERSECURITY MATTERS. + + (a) Establishment.--The Secretary of Defense shall establish one or +more consortia to advise and assist the Secretary on matters relating +to cybersecurity. + (b) Membership.--The consortium or consortia established under +subsection (a) shall consist of universities that have been designated +as centers of academic excellence by the Director of the National +Security Agency or the Secretary of Homeland Security. + (c) Organization.-- + (1) Designation of administrative chair and terms.--For + each consortium established under subsection (a), the + Secretary, based on recommendations from the members of the + consortium, shall designate one member of the consortium to + function as an administrative chair of the consortium for a + term with a specific duration specified by the Secretary. + (2) Subsequent terms.--No member of a consortium designated + under paragraph (1) may serve as the administrative chair of + that consortium for two consecutive terms. + (3) Duties of administrative chair.--Each administrative + chair designated under paragraph (1) for a consortium shall-- + (A) act as the leader of the consortium for the + term specified by the Secretary under paragraph (1); + (B) be the liaison between the consortium and the + Secretary; + (C) distribute requests from the Secretary for + advice and assistance to appropriate members of the + consortium and coordinate responses back to the + Secretary; and + (D) act as a clearinghouse for Department of + Defense requests relating to advice and assistance on + matters relating to cybersecurity and to provide + feedback to the Secretary from members of the + consortium. + (d) Functions.--The functions of a consortium established under +subsection (a) are as follows: + (1) To provide to the Secretary access to the expertise of + the members of the consortium on matters relating to + cybersecurity. + (2) To align the efforts of such members in support of the + Department. + (3) To act as a facilitator in responding to Department + requests relating to advice and assistance on matters relating + to cybersecurity and to provide feedback to the Secretary from + members of the consortium. + (e) Procedures.--The Secretary shall establish procedures for +organizations within the Department to access the work product produced +by and the research, capabilities, and expertise of a consortium +established under subsection (a) and the universities that constitute +the consortium. + + Subtitle D--Nuclear Forces + +SEC. 1661. MODIFICATION OF AUTHORITIES RELATING TO NUCLEAR COMMAND, + CONTROL, AND COMMUNICATIONS SYSTEM. + + (a) Duties and Powers of Under Secretary of Defense for Acquisition +and Sustainment.--Section 133b(b) of title 10, United States Code, is +amended-- + (1) by redesignating paragraphs (4), (5), (6), and (7) as + paragraphs (5), (6), (7), and (8), respectively; + (2) by inserting after paragraph (3) the following new + paragraph (4): + ``(4) establishing policies for, and providing oversight, + guidance, and coordination with respect to, the nuclear + command, control, and communications system;''; and + (3) in paragraph (6), as redesignated by paragraph (1), by + inserting after ``overseeing the modernization of nuclear + forces'' the following: ``, including the nuclear command, + control, and communications system,''. + (b) Duties and Responsibilities of Chief Information Officer.-- +Section 142(b)(1) of such title is amended-- + (1) by striking subparagraph (G); and + (2) by redesignating subparagraphs (H) and (I) as + subparagraphs (G) and (H), respectively. + +SEC. 1662. EXPANSION OF OFFICIALS REQUIRED TO CONDUCT BIENNIAL + ASSESSMENTS OF DELIVERY PLATFORMS FOR NUCLEAR WEAPONS AND + NUCLEAR COMMAND AND CONTROL SYSTEM. + + Section 492(d) of title 10, United States Code, is amended-- + (1) in paragraph (2), by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (3), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(4) the Commander of the United States Air Forces in + Europe.''. + +SEC. 1663. CONFORMING AMENDMENT TO COUNCIL ON OVERSIGHT OF THE NATIONAL + LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM. + + Section 171a of title 10, United States Code, is amended by +striking ``, Technology, and Logistics'' each place it appears and +inserting ``and Sustainment''. + +SEC. 1664. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC + MISSILES OF THE UNITED STATES. + + (a) Prohibition.--Except as provided by subsection (b), none of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2020 for the Department of Defense shall be +obligated or expended for-- + (1) reducing, or preparing to reduce, the responsiveness or + alert level of the intercontinental ballistic missiles of the + United States; or + (2) reducing, or preparing to reduce, the quantity of + deployed intercontinental ballistic missiles of the United + States to a number less than 400. + (b) Exception.--The prohibition in subsection (a) shall not apply +to any of the following activities: + (1) The maintenance or sustainment of intercontinental + ballistic missiles. + (2) Ensuring the safety, security, or reliability of + intercontinental ballistic missiles. + +SEC. 1665. BRIEFING ON LONG-RANGE STANDOFF WEAPON AND SEA-LAUNCHED + CRUISE MISSILE. + + Not later than 90 days after the date of the enactment of this Act, +the Under Secretary of Defense for Acquisition and Sustainment, in +consultation with the Administrator for Nuclear Security, shall provide +to the Committees on Armed Services of the Senate and the House of +Representatives a briefing on opportunities-- + (1) to increase commonality between the long-range standoff + weapon and the sea-launched cruise missile; and + (2) to leverage, in the development of the sea-launched + cruise missile, technologies developed, or under development as + of the date of the briefing, as part of the long-range standoff + weapon program. + +SEC. 1666. SENSE OF THE SENATE ON INDUSTRIAL BASE FOR GROUND-BASED + STRATEGIC DETERRENT PROGRAM. + + It is the sense of the Senate that-- + (1) ensuring the viability of an industrial base of at + least two domestic producers of large solid rocket motors for + the ground-based strategic deterrent program is an important + national security interest; and + (2) in continuing to carry out that program, the Secretary + of Defense should-- + (A) strive to maintain competition and proper + vendor capabilities in order to maintain the best value + for the Government; + (B) consider the long-term health and viability of + the industrial base when structuring and awarding major + procurement or development contracts; and + (C) when appropriate, structure programs to provide + stability to the industrial base by maintaining + continued production for an extended period. + +SEC. 1667. SENSE OF THE SENATE ON NUCLEAR DETERRENCE COMMITMENTS OF THE + UNITED STATES. + + It is the sense of the Senate that-- + (1) credible extended deterrence commitments make key + contributions to the security of the United States, + international stability, and the nonproliferation objectives of + the United States; + (2) the nuclear forces of the United States, as well as the + independent nuclear forces of other members of the North + Atlantic Treaty Organization (in this section referred to as + ``NATO''), continue to play a critical role in national + security strategy of the United States and the security of the + NATO alliance; + (3) the forward-deployment of dual-capable aircraft + operated by the United States, and the participation of certain + NATO members in the nuclear deterrence mission, are vitally + important to the deterrence and defense posture of NATO; + (4) such aircraft provide a credible and flexible nuclear + capability that plays a fundamental role in regional deterrence + and effectively assuring allies and partners of the commitment + of the United States to their security; and + (5) nuclear-certified F-35A aircraft provide the most + advanced nuclear fighter capability in the current and future + anti-access area denial environments. + + Subtitle E--Missile Defense Programs + +SEC. 1671. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI + COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND + CO-PRODUCTION. + + (a) Iron Dome Short-Range Rocket Defense System.-- + (1) Availability of funds.--Of the funds authorized to be + appropriated by this Act or otherwise made available for fiscal + year 2020 for procurement, Defense-wide, and available for the + Missile Defense Agency, not more than $95,000,000 may be + provided to the Government of Israel to procure components for + the Iron Dome short-range rocket defense system through co- + production of such components in the United States by industry + of the United States. + (2) Conditions.-- + (A) Agreement.--Funds described in paragraph (1) + for the Iron Dome short-range rocket defense program + shall be available subject to the terms and conditions + in the Agreement Between the Department of Defense of + the United States of America and the Ministry of + Defense of the State of Israel Concerning Iron Dome + Defense System Procurement, signed on March 5, 2014, as + amended to include co-production for Tamir + interceptors. + (B) Certification.--Not later than 30 days prior to + the initial obligation of funds described in paragraph + (1), the Director of the Missile Defense Agency and the + Under Secretary of Defense for Acquisition and + Sustainment shall jointly submit to the appropriate + congressional committees-- + (i) a certification that the amended + bilateral international agreement specified in + subparagraph (A) is being implemented as + provided in such agreement; and + (ii) an assessment detailing any risks + relating to the implementation of such + agreement. + (b) Israeli Cooperative Missile Defense Program, David's Sling +Weapon System Co-production.-- + (1) In general.--Subject to paragraph (3), of the funds + authorized to be appropriated for fiscal year 2020 for + procurement, Defense-wide, and available for the Missile + Defense Agency not more than $50,000,000 may be provided to the + Government of Israel to procure the David's Sling Weapon + System, including for co-production of parts and components in + the United States by United States industry. + (2) Agreement.--(A) Provision of funds specified in + paragraph (1) shall be subject to the terms and conditions in + the bilateral co-production agreement, including-- + (i) a one-for-one cash match is made by Israel or + in another matching amount that otherwise meets best + efforts (as mutually agreed to by the United States and + Israel); and + (ii) co-production of parts, components, and all-up + rounds (if appropriate) in the United States by United + States industry for the David's Sling Weapon System is + not less than 50 percent. + (3) Certification and assessment.--The Under Secretary of + Defense for Acquisition and Sustainment shall submit to the + appropriate congressional committees-- + (A) a certification that the Government of Israel + has demonstrated the successful completion of the + knowledge points, technical milestones, and production + readiness reviews required by the research, + development, and technology agreement and the bilateral + co-production agreement for the David's Sling Weapon + System; and + (B) an assessment detailing any risks relating to + the implementation of such agreement. + (c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier +Interceptor Program Co-Production.-- + (1) In general.--Subject to paragraph (2), of the funds + authorized to be appropriated for fiscal year 2020 for + procurement, Defense-wide, and available for the Missile + Defense Agency not more than $55,000,000 may be provided to the + Government of Israel for the Arrow 3 Upper Tier Interceptor + Program, including for co-production of parts and components in + the United States by United States industry. + (2) Certification.--The Under Secretary of Defense for + Acquisition and Sustainment shall submit to the appropriate + congressional committees a certification that-- + (A) the Government of Israel has demonstrated the + successful completion of the knowledge points, + technical milestones, and production readiness reviews + required by the research, development, and technology + agreement for the Arrow 3 Upper Tier Interceptor + Program; + (B) funds specified in paragraph (1) will be + provided on the basis of a one-for-one cash match made + by Israel or in another matching amount that otherwise + meets best efforts (as mutually agreed to by the United + States and Israel); + (C) the United States has entered into a bilateral + international agreement with Israel that establishes, + with respect to the use of such funds-- + (i) in accordance with subparagraph (D), + the terms of co-production of parts and + components on the basis of the greatest + practicable co-production of parts, components, + and all-up rounds (if appropriate) by United + States industry and minimizes nonrecurring + engineering and facilitization expenses to the + costs needed for co-production; + (ii) complete transparency on the + requirement of Israel for the number of + interceptors and batteries that will be + procured, including with respect to the + procurement plans, acquisition strategy, and + funding profiles of Israel; + (iii) technical milestones for co- + production of parts and components and + procurement; + (iv) a joint affordability working group to + consider cost reduction initiatives; and + (v) joint approval processes for third- + party sales; and + (D) the level of co-production described in + subparagraph (C)(i) for the Arrow 3 Upper Tier + Interceptor Program is not less than 50 percent. + (d) Number.--In carrying out paragraph (2) of subsection (b) and +paragraph (2) of subsection (c), the Under Secretary may submit-- + (1) one certification covering both the David's Sling + Weapon System and the Arrow 3 Upper Tier Interceptor Program; + or + (2) separate certifications for each respective system. + (e) Timing.--The Under Secretary shall submit to the congressional +defense committees the certification and assessment under subsection +(b)(3) and the certification under subsection (c)(2) by not later than +30 days before the funds specified in paragraph (1) of subsections (b) +and (c) for the respective system covered by the certification are +provided to the Government of Israel. + (f) 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. + +SEC. 1672. EXPANSION OF NATIONAL MISSILE DEFENSE POLICY AND PROGRAM + REDESIGNATION. + + (a) Sense of the Senate.--It is the Sense of the Senate that-- + (1) the United States must continue to pursue a + comprehensive missile defense strategy that will deliver + integrated and effective capabilities to counter ballistic, + cruise, and hypersonic missile threats; + (2) adversaries are quickly expanding the capabilities of + their existing missile systems, adding new and unprecedented + types of missile capabilities to their arsenals, and further + integrating offensive missiles into their coercive threats, + military exercises, and war planning; + (3) both Russia and China are rapidly enhancing their + existing offensive missile systems and developing advanced sea- + , ground-, and air-launched cruise missiles as well as + hypersonic capabilities; + (4) due to the proliferation of offensive ballistic and + cruise missiles and the emergence of game-changing hypersonic + weapons technologies, all of which threaten regional balances, + our allies and partners, United States deployed armed forces, + and the United States homeland, missile defenses become an even + more critical element of United States strategy; and + (5) the United States must outpace adversary offensive + missile capabilities. + (b) Expansion of Policy.--Section 1681(a) of the National Defense +Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. +2431 note) is amended by striking ``ballistic missile threat'' and +inserting ``ballistic, cruise, and hypersonic missile threats''. + (c) Redesignation Requirement.--Not later than the date on which +the President submits to Congress pursuant to section 1105 of title 31, +United States Code, the annual budget request of the President for +fiscal year 2021, the Secretary of Defense shall, as the Secretary +considers appropriate, redesignate all strategies, policies, programs, +and systems under the jurisdiction of the Secretary to reflect that +missile defense programs of the United States defend against ballistic, +cruise, and hypersonic missiles in all phases of flight. + +SEC. 1673. ACCELERATION OF THE DEPLOYMENT OF PERSISTENT SPACE-BASED + SENSOR ARCHITECTURE. + + (a) Sense of the Senate.--It is the Sense of the Senate that-- + (1) Congress has expressed support for a space-based + missile defense sensor program, in the two most recent enacted + National Defense Authorization Acts; + (2) the Secretary of Defense should rapidly develop and + deploy a persistent, space-based sensor architecture to ensure + missile defenses of the United States are more effective + against ballistic missile threats and more responsive to + emergent threats from hypersonic and cruise missiles; + (3) the responsibility for developing and deploying a + hypersonic and ballistic tracking space sensor should remain + within the Director of the Missile Defense Agency; and + (4) the Director of the Missile Defense Agency should + deploy a hypersonic and ballistic tracking space sensor + constellation as soon as technically feasible. + (b) Assignment of Primary Responsibility for Development and +Deployment of Hypersonic and Ballistic Tracking Space Sensor.--Not +later than 30 days after the date of the enactment of this Act, the +Secretary shall-- + (1) assign the Director of the Missile Defense Agency with + the principal responsibility for the development and deployment + of a hypersonic and ballistic tracking space sensor; and + (2) submit to the congressional defense committees + certification of such assignment. + (c) Certification Regarding Funding of Hypersonic and Ballistic +Tracking Space Sensor Program.--At the same time that the President +submits to Congress pursuant to section 1105 of title 31, United States +Code, the annual budget request of the President for fiscal year 2021, +the Under Secretary of Defense Comptroller and the Director for Cost +Assessment and Program Evaluation shall jointly certify to the +congressional defense committees whether the hypersonic and ballistic +tracking space sensor program is sufficiently funded in the future- +years defense program for the Missile Defense Agency. + (d) Deployment Deadline.--Section 1683(a) of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. +2431 note) is amended-- + (1) by striking ``(a) In General.--'' and inserting the + following: + ``(a) Development, Testing, and Deployment.-- + ``(1) Development.--''; and + (2) by adding at the end the following new paragraphs: + ``(2) Testing and deployment.--The Director shall begin on- + orbit testing of a hypersonic and ballistic tracking space + sensor no later than December 31, 2021, with full operational + deployment as soon as technically feasible thereafter. + ``(3) Waiver.--The Secretary of Defense may waive the + deadline for testing specified in paragraph (2) if the + Secretary submits to the congressional defense committees a + report containing-- + ``(A) the explanation why the Secretary cannot meet + such deadline; + ``(B) the technical risks and estimated cost of + accelerating the program to attempt to meet such + deadline; + ``(C) an assessment of threat systems that could + not be detected or tracked persistently due to waiving + such deadline; and + ``(D) a plan, including a timeline, for beginning + the required testing.''. + (e) Report on Progress.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a report on the + progress of all efforts being made by the Missile Defense + Agency, the Defense Advanced Research Projects Agency, the Air + Force, and the Space Development Agency relating to space-based + sensing and tracking capabilities for missile defense and how + each of such organizations will work together to avoid + duplication of efforts. + (2) Form.--The report required by paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + +SEC. 1674. NONSTANDARD ACQUISITION PROCESSES OF MISSILE DEFENSE AGENCY. + + (a) Sense of the Senate.--It is the sense of the Senate that-- + (1) the Department of Defense needs to provide capabilities + at the speed of relevance that are more lethal, and to ensure + acquisition processes fulfill the needs of members of the Armed + Forces now and in the future; + (2) significant defense acquisition reforms enacted over + the past three National Defense Authorization Acts have + improved access to nontraditional and commercial innovation and + to expanded flexible acquisition authorities in the development + of alternative acquisition pathways to acquire critical + national security capabilities; + (3) the Department appropriately recently recognized the + Missile Defense Agency for its acquisition success by + presenting it with the 2018 David Packard Excellence in + Acquisition Award for the development of the Space-Based Kill + Assessment (SKA) program and the Missile Defense Agency should + be commended for its numerous and rapid acquisition successes; + (4) the recently completed Missile Defense Review + explicitly highlights, in stark terms, the threat posed to the + United States by ballistic and hypersonic missile threats; and + (5) the Missile Defense Agency should maintain its + nonstandard acquisition authorities in order to continue to + rapidly design, test, and deliver critically needed defensive + capabilities to the warfighter. + (b) Changes to Nonstandard Acquisition Processes and +Responsibilities.-- + (1) Limitation.--None of the funds authorized to be + appropriated by this Act may be obligated or expended to change + the nonstandard acquisition processes and responsibilities + described in paragraph (2) until the Secretary-- + (A) has consulted with the Under Secretary of + Defense for Research and Engineering, the Under + Secretary of Defense for Policy, the secretaries of the + military departments, the Chairman of the Joint Chiefs + of Staff, the Commander of United States Strategic + Command (USSTRATCOM), the Commander of United States + Northern Command (USNORTHCOM), and the Director of the + Missile Defense Agency; + (B) certifies to the congressional defense + committees that the Secretary has coordinated the + changes with and received the views of the individuals + referred to in subparagraph (A); + (C) submits to the congressional defense committees + a report describing the changes, the rationale for the + changes, and the views of the individuals referred to + in subparagraph (A) with respect to such changes; and + (D) a period of 270 days has elapsed since + submittal of the report under subparagraph (C). + (2) Nonstandard acquisition processes and responsibilities + described.--The nonstandard acquisition processes and + responsibilities described in this paragraph are such processes + and responsibilities described in-- + (A) the memorandum of the Secretary of Defense + titled ``Missile Defense Program Direction'' signed on + January 2, 2002; and + (B) Department of Defense Directive 5134.09, as in + effect on the date of the enactment of this Act. + +SEC. 1675. PLAN FOR THE REDESIGNED KILL VEHICLE. + + (a) Report Required.--The Director of the Missile Defense Agency +shall submit to the congressional defense committees a report on the +delay in the Redesigned Kill Vehicle Program. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A description of the reason for the delay. + (2) An overview of the revised program schedule including a + revised test plan and revised acquisition strategy. + (3) A detailed description of any recommendations that + could be utilized to accelerate the scheduled fielding + including modifications to the acquisition strategy or the + procurement and assembly of long-lead materials unaffected by + the reason for the delay. + (4) A timeline associated with such recommendations. + (5) Additional funding required to carry out such + recommendations. + (6) An assessment of risk associated with such + recommendations. + (7) A description of any recommendations that were + submitted to the Director by contractors that the Director + considers reasonable but were not adopted. + (8) An explanation as to why the recommendations described + in paragraph (7) were not adopted. + (c) Form of Report.--The report required under subsection (a) shall +be submitted in unclassified form, but may contain a classified annex. + +SEC. 1676. REPORT ON IMPROVING GROUND-BASED MIDCOURSE DEFENSE ELEMENT + OF BALLISTIC MISSILE DEFENSE SYSTEM. + + (a) Report Required.--Not later than 90 days after the date of the +enactment of this Act, the Director of the Missile Defense Agency shall +submit to the congressional defense committees a report on-- + (1) options to increase the capability, capacity, and + reliability of the ground-based midcourse defense element of + the United States ballistic missile defense system; and + (2) the infrastructure requirements for increasing the + number of ground-based interceptors as part of such element. + (b) Contents.--The report required by subsection (a) shall include +the following: + (1) An assessment of the requirements of the ground-based + midcourse defense element of the United States ballistic + missile defense system to meet threats outlined in the 2018 + National Defense Strategy and the 2019 Missile Defense Review. + (2) An assessment of the feasibility of fielding up to 104 + ground-based interceptors as part of such element, including a + description of the additional infrastructure and components + needed to further outfit missile fields at Fort Greely, Alaska. + (3) A cost estimate of such infrastructure and components. + (4) An estimated schedule for completing such construction + as may be required for such infrastructure and components. + (5) An identification of any environmental assessments or + impact studies that would need to be conducted to expand + missile fields at Fort Greely beyond current capacity. + (6) A determination of the appropriate fleet mix of ground- + based interceptor kill vehicles and boosters to maximize + overall system effectiveness and increase its capacity and + capability, including the costs and benefits of continued + inclusion of capability enhancement II block 1 interceptors + after the fielding of the redesigned kill vehicle. + (7) The modernization requirements for the ground-based + midcourse system, including all command and control, ground + systems, sensors and sensor interfaces, boosters and kill + vehicles, and integration of known future systems and + components. + (8) A discussion of the obsolescence of such systems and + components. + (9) The industrial base requirements relating to the + ground-based midcourse system, as determined by the Director of + the Missile Defense Agency. + (10) Such other matters as the Director considers + appropriate. + (c) Form.--The report submitted under subsection (a) shall be +submitted in unclassified form, but may include a classified annex. + +SEC. 1677. SENSE OF THE SENATE ON RECENT MISSILE DEFENSE AGENCY TESTS. + + It is the Sense of the Senate that the Office of the Under +Secretary of Defense for Research and Engineering, the Missile Defense +Agency, the Office of the Director for Operational Test and Evaluation, +the operational test agencies, the military departments, and +warfighters should-- + (1) be strongly commended for a highly successful 2018 + flight test campaign, which consisted of 13 total flight test + events including-- + (A) FTX-35, which successfully proved + interoperability between Terminal High Altitude Area + Defense (THAAD) and the Phased Array Tracking Radar to + Intercept on Target (PATRIOT) to detect and track a + simulated engagement with a short-range ballistic + missile; + (B) Pacific Dragon 2018, which successfully + demonstrated joint ballistic missile defense + interoperability with Japan and Korea to engage a + short-range ballistic missile with a Standard Missile 3 + (SM-3) Block IB by a Japanese ship and an Aegis Ashore + site; + (C) JFTM-5, which successfully demonstrated the + intercept of an short-range ballistic missile with a + Standard Missile 3 Block IB threat upgrade from a + Japanese ship; + (D) FTM-45, which successfully demonstrated the + intercept of a medium-range ballistic missile with a + Standard Missile 3 Block IIA from a United States ship; + and + (E) FTI-03, which as a part of the operational test + of the European Phased Adaptive Approach (EPAA) Phase 3 + architecture, successfully demonstrated the intercept + of an intermediate-range ballistic missile using the + Aegis Weapon System's Engage-on-Remote capability; and + (2) be especially recognized for the success of FTG-11, the + first salvo test of the United States of the Ground-based + Midcourse Defense system, during which two ground-based + interceptors were launched nearly simultaneously from the same + location and successfully intercepted the kill vehicle of a + threat-representative intercontinental ballistic missile + target, and then the next most lethal object. + +SEC. 1678. SENSE OF THE SENATE ON MISSILE DEFENSE TECHNOLOGY + DEVELOPMENT PRIORITIES. + + It is the sense of the Senate that-- + (1) the 2019 Missile Defense Review articulates a + comprehensive approach to preventing and defeating the rapidly + expanding offensive missile threat through a combination of + deterrence, active and passive missile defense, and attack + operations; + (2) to counter the expanding offense missile capabilities + of potential adversaries and hedge against unanticipated + missile threats, the Secretary of Defense should aggressively + pursue new missile defense capabilities and examine concepts + and technologies for advanced missile defense systems; + (3) the Secretary should fully implement the 2019 Missile + Defense Review's focus on increasing investments in and + deploying new technologies and concepts; and + (4) the Secretary should work to ensure that all missile + defense systems are more survivable, including through-- + (A) more distributed air and missile defense + operations; and + (B) improved camouflage, concealment, and + deception, including emission control. + +SEC. 1679. PUBLICATION OF ENVIRONMENTAL IMPACT STATEMENT PREPARED FOR + CERTAIN POTENTIAL FUTURE MISSILE DEFENSE SITES. + + The Secretary of Defense shall make available to the public the +environmental impact statement prepared pursuant to section 227(b) of +the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. +1679; Public Law 112-239). + + Subtitle F--Other Matters + +SEC. 1681. MATTERS RELATING TO MILITARY OPERATIONS IN THE INFORMATION + ENVIRONMENT. + + (a) Affirming the Authority of the Secretary of Defense to Conduct +Military Operations in the Information Environment.-- + (1) In general.--Chapter 19 of title 10, United States + Code, is amended by adding at the end the following new + section: +``Sec. 397. Military operations in the information environment + ``(a) Affirmation of Authority.--(1) Congress affirms that the +Secretary of Defense is authorized to conduct military operations, +including clandestine operations, in the information environment to +defend the United States, allies of the United States, and interests of +the United States, including in response to malicious influence +activities carried out against the United States or a United States +person by a foreign power. + ``(2) The military operations referred to in paragraph (1), when +appropriately authorized include the conduct of military operations +short of hostilities and in areas outside of areas of active +hostilities for the purpose of preparation of the environment, +influence, force protection, and deterrence of hostilities. + ``(b) Treatment of Clandestine Military Operations in the +Information Environment as Traditional Military Activities.--A +clandestine military operation in the information environment shall be +considered a traditional military activity for the purposes of section +503(e)(2) of the National Security Act of 1947 (50 U.S.C. 3093(e)(2)). + ``(c) Quarterly Information Operations Briefings.--(1) Not less +frequently than once each quarter, the Secretary of Defense shall +provide the congressional defense committees a briefing on significant +military operations, including all clandestine operations in the +information environment, carried out by the Department of Defense +during the immediately preceding quarter. + ``(2) Each briefing under subsection (1) shall include, with +respect to the military operations in the information environment +described in such paragraph, the following: + ``(A) An update, disaggregated by geographic and functional + command, that describes the operations carried out by the + commands. + ``(B) An overview of authorities and legal issues + applicable to the operations, including any relevant legal + limitations. + ``(C) An outline of any interagency activities and + initiatives relating to the operations. + ``(D) Such other matters as the Secretary considers + appropriate. + ``(d) Rule of Construction.--Nothing in this section shall be +construed to limit, expand, or otherwise alter the authority of the +Secretary to conduct military operations, including clandestine +operations, in the information environment, to authorize specific +military operations, or to limit, expand, or otherwise alter or +otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.) or +an authorization for use of military force that was in effect on the +day before the date of the enactment of this Act. + ``(e) Definitions.--In this section: + ``(1) The terms `foreign person' and `United States person' + have the meanings given such terms in section 101 of the + Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). + ``(2) The term `hostilities' has the same meaning as such + term is used in the War Powers Resolution (50 U.S.C. 1541 et + seq.). + ``(3) The term `clandestine military operation in the + information environment' means an operation or activity, or + associated preparatory actions, authorized by the President or + the Secretary of Defense, that-- + ``(A) is marked by, held in, or conducted with + secrecy, where the intent is that the operation or + activity will not be apparent or acknowledged publicly; + and + ``(B) is to be carried out-- + ``(i) as part of a military operation plan + approved by the President or the Secretary of + Defense; + ``(ii) to deter, safeguard, or defend + against attacks or malicious influence + activities against the United States, allies of + the United States, and interests of the United + States; or + ``(iii) in support of hostilities or + military operations involving the United States + armed forces; or + ``(iv) in support of military operations + short of hostilities and in areas where + hostilities are not occurring for the purpose + of preparation of the environment, influence, + force protection, and deterrence.''. + (2) Clerical amendments.-- + (A) Chapter 19.-- + (i) Chapter heading.--The heading of + chapter 19 of such title is amended to read as + follows: + + ``CHAPTER 19--CYBER AND INFORMATION OPERATIONS MATTERS''. + + (ii) Table of sections.--The table of + sections at the beginning of chapter 19 of such + title is amended by inserting at the end the + following new item: + +``397. Military operations in the information environment.''. + (B) Table of chapters.--The table of chapters for + part I of subtitle A of such title is amended by + striking the item relating to chapter 19 and inserting + the following new item: + +``19. Cyber and Information Operations Matters.............. 391''. + (b) Principal Information Operations Advisor.-- + (1) Designation.--The Secretary of Defense shall designate, + from among officials appointed to a position in the Department + of Defense by and with the advice and consent of the Senate, a + Principal Information Operations Advisor to act as the + principal advisor to the Secretary on all aspects of + information operations conducted by the Department. + (2) Responsibilities.--The Principal Information Operations + Advisor shall have the following responsibilities: + (A) Oversight of policy, strategy, planning, + resource management, operational considerations, + personnel, and technology development across all the + elements of information operations of the Department. + (B) Overall integration and supervision of the + deterrence of, conduct of, and defense against + information operations. + (C) Promulgation of policies to ensure adequate + coordination and deconfliction with the Department of + State, the intelligence community (as defined in + section 3 of the National Security Act of 1947 (50 + U.S.C. 3003)), and other relevant agencies and + departments of the Federal Government. + (D) Coordination with the head of the Global + Engagement Center to support the purpose of the Center + (as set forth by section 1287(a)(2) of the National + Defense Authorization Act for Fiscal Year 2017 (Public + Law 114-328; 22 U.S.C. 2656 note)) and liaison with the + Center and other relevant Federal Government entities + to support such purpose. + (E) Establishing and supervising a rigorous risk + management process to mitigate the risk of potential + exposure of United States Persons to information + intended exclusively for foreign audiences. + (F) Development of guidance for, and promotion of, + the capability of the Department to liaison with the + private sector and academia on matters relating to the + influence activities of malign actors. + (G) Such other matters relating to information + operations as the Secretary shall specify for purposes + of this subsection. + (c) Cross-functional Team.-- + (1) Establishment.--The Principal Information Operations + Advisor shall integrate the expertise in all elements of + information operations and perspectives of appropriate + organizations within the Office of the Secretary of Defense, + Joint Staff, military departments, Defense Agencies, and + combatant commands by establishing and maintaining a full-time + cross-functional team composed of subject-matter experts + selected from those organizations. + (2) Selection and organization.--The cross-functional team + established under paragraph (1) shall be selected, organized, + and managed in a manner consistent with section 911 of the + National Defense Authorization Act for Fiscal Year 2017 (Public + Law 114-328; 10 U.S.C. 111 note). + (d) Designation of Coordinating Authority.-- + (1) Designation.--The Secretary of Defense shall designate + United States Special Operations Command as the coordinating + authority for information operations of the Department. + (2) Responsibilities.--The combatant command designated + under paragraph (1) shall be responsible for the following: + (A) Synchronizing the Department's information + operations plans and operations across combatant + commands. + (B) Acting as the joint proponent for information + operations capabilities. + (e) Strategy and Posture Review.-- + (1) Strategy and posture review required.--The Secretary of + Defense, acting through the Principal Information Operations + Advisor and the cross-functional team established under + subsection (c)(1), shall-- + (A) develop or update, as appropriate, a strategy + for operations in the information environment; and + (B) conduct an information operations posture + review, including an analysis of capability gaps that + inhibit the Department's ability to successfully + execute the strategy developed or updated pursuant to + subparagraph (A). + (2) Elements.--At a minimum, the strategy developed or + updated pursuant to paragraph (1)(A) shall include the + following: + (A) The establishment of lines of effort, + objectives, and tasks that are necessary to implement + the strategy and eliminate the gaps identified under + paragraph (1)(B). + (B) Designation of offices of primary + responsibility for implementing and achieving the tasks + as set forth in the strategy. + +SEC. 1682. EXTENSION OF AUTHORIZATION FOR PROTECTION OF CERTAIN + FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT. + + Section 130i(i) of title 10, United States Code, is amended by +striking ``2020'' both places it appears and inserting ``2024''. + +SEC. 1683. HARD AND DEEPLY BURIED TARGETS. + + (a) Report Required.-- + (1) In general.--Not later than December 1, 2019, the + Chairman of the Joint Chiefs of Staff shall, in consultation + with the Commander of the United States Strategic Command, + submit to the congressional defense committees a classified + report on hard and deeply buried targets. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) An estimate of the total number of high-value + hard and deeply buried targets associated with Unites + States military operations plans. + (B) A description of the contents, functions, and + hardening characteristics of the targets described in + subparagraph (A), as well as their level of protection + by anti-access and area denial capabilities. + (C) An assessment of the current ability of the + United States to hold such targets at risk using + existing conventional and nuclear capabilities. + (D) An assessment of the potential ability of the + United States to hold such targets at risk using + projected conventional and nuclear capabilities as of + 2030. + (b) Plan.--Not later than February 15, 2020, the Secretary of +Defense shall develop a plan to ensure that the United States possesses +by 2025 the capabilities to pose a credible deterrent threat against +targets described in the report required by subsection (a). + (c) Certification.--Not later than March 1, 2020, and annually +thereafter, the Secretary shall certify to the congressional defense +committees that the plan required by subsection (b) is being +implemented in accordance with the 2025 deadline specified in that +subsection. + + DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS + +SEC. 2001. SHORT TITLE. + + This division may be cited as the ``Military Construction +Authorization Act for Fiscal Year 2020''. + +SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE + SPECIFIED BY LAW. + + (a) Expiration of Authorizations After Five Years.--Except as +provided in subsection (b), all authorizations contained in titles XXI +through XXVII and title XXIX for military construction projects, land +acquisition, family housing projects and facilities, and contributions +to the North Atlantic Treaty Organization Security Investment Program +(and authorizations of appropriations therefor) shall expire on the +later of-- + (1) October 1, 2024; or + (2) the date of the enactment of an Act authorizing funds + for military construction for fiscal year 2025. + (b) Exception.--Subsection (a) shall not apply to authorizations +for military construction projects, land acquisition, family housing +projects and facilities, and contributions to the North Atlantic Treaty +Organization Security Investment Program (and authorizations of +appropriations therefor), for which appropriated funds have been +obligated before the later of-- + (1) October 1, 2024; or + (2) the date of the enactment of an Act authorizing funds + for fiscal year 2025 for military construction projects, land + acquisition, family housing projects and facilities, or + contributions to the North Atlantic Treaty Organization + Security Investment Program. + +SEC. 2003. EFFECTIVE DATE. + + Titles XXI through XXVII and title XXIX shall take effect on the +later of-- + (1) October 1, 2019; or + (2) the date of the enactment of this Act. + + TITLE XXI--ARMY MILITARY CONSTRUCTION + +SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2103(a) and available +for military construction projects inside the United States as +specified in the funding table in section 4601, the Secretary of the +Army may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Army: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation Amount +---------------------------------------------------------------------------------------------------------------- +Alabama..................................... Redstone Arsenal................................. $38,000,000 +Colorado.................................... Fort Carson...................................... $71,000,000 +Georgia..................................... Fort Gordon...................................... $107,000,000 + Hunter Army Airfield............................. $62,000,000 +Kentucky.................................... Fort Campbell.................................... $61,300,000 +Massachusetts............................... Soldier Systems Center Natick.................... $50,000,000 +Michigan.................................... Detroit Arsenal.................................. $24,000,000 +New York.................................... Fort Drum........................................ $44,000,000 +North Carolina.............................. Fort Bragg....................................... $12,500,000 +Oklahoma.................................... Fort Sill........................................ $73,000,000 +Pennsylvania................................ Carlisle Barracks................................ $98,000,000 +South Carolina.............................. Fort Jackson..................................... $88,000,000 +Texas....................................... Corpus Christi Army Depot........................ $86,000,000 + Fort Hood........................................ $50,500,000 +Virginia.................................... Fort Belvoir..................................... $60,000,000 + Joint Base Langley-Eustis........................ $55,000,000 +Washington.................................. Joint Base Lewis-McChord......................... $46,000,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2103(a) and available +for military construction projects outside the United States as +specified in the funding table in section 4601, the Secretary of the +Army may acquire real property and carry out military construction +projects for the installations or locations outside the United States, +and in the amounts, set forth in the following table: + + Army: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation Amount +---------------------------------------------------------------------------------------------------------------- +Honduras...................................... Soto Cano Air Base............................. $34,000,000 +Japan......................................... Kadena Air Base................................ $80,000,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2102. FAMILY HOUSING. + + (a) Construction and Acquisition.--Using amounts appropriated +pursuant to the authorization of appropriations in section 2103(a) and +available for military family housing functions as specified in the +funding table in section 4601, the Secretary of the Army may construct +or acquire family housing units (including land acquisition and +supporting facilities) at the installations or locations, in the number +of units, and in the amounts set forth in the following table: + + Army: Family Housing +---------------------------------------------------------------------------------------------------------------- + State/Country Installation or Location Units Amount +---------------------------------------------------------------------------------------------------------------- +Pennsylvania........................... Tobyhanna Army Depot....... Family Housing $19,000,000 + Replacement Construction +---------------------------------------------------------------------------------------------------------------- + + (b) Planning and Design.--Using amounts appropriated pursuant to +the authorization of appropriations in section 2103(a) and available +for military family housing functions as specified in the funding table +in section 4601, the Secretary of the Army may carry out architectural +and engineering services and construction design activities with +respect to the construction or improvement of family housing units in +an amount not to exceed $9,222,000. + +SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2019, +for military construction, land acquisition, and military family +housing functions of the Department of the Army as specified in the +funding table in section 4601. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2101 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 4601. + +SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2019 PROJECT. + + In the case of the authorization contained in the table in section +2101(a) of the Military Construction Authorization Act for Fiscal Year +2019 (division B of Public Law 115-232) for Anniston Army Depot, +Alabama, for construction of a weapon maintenance shop, the Secretary +of the Army may construct a 21,000 square foot weapon maintenance shop. + + TITLE XXII--NAVY MILITARY CONSTRUCTION + +SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2204(a) and available +for military construction projects inside the United States as +specified in the funding table in section 4601, the Secretary of the +Navy may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Navy: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Arizona...................................... Yuma............................................ $189,760,000 +California................................... Camp Pendleton................................. $185,569,000 + China Lake...................................... $64,500,000 + Coronado........................................ $165,830,000 + Marine Corps Air Station Miramar................ $37,400,000 + Marine Corps Recruit Depot San Diego............ $9,900,000 + Seal Beach...................................... $123,310,000 + Travis Air Force Base........................... $64,000,000 + Connecticut................................. New London..................................... $72,260,000 +Florida...................................... Naval Air Station Jacksonville.................. $32,420,000 + Marine Corps Support Facility Blount Island..... $18,700,000 +Hawaii....................................... Kaneohe Bay..................................... $134,050,000 + West Loch....................................... $53,790,000 +North Carolina............................... Camp Lejeune.................................... $229,010,000 + Marine Corps Air Station Cherry Point........... $166,870,000 + New River....................................... $11,320,000 +South Carolina............................... Marine Corps Recruit Depot Parris Island........ $37,200,000 +Virginia..................................... Norfolk......................................... $79,100,000 + Portsmouth...................................... $48,930,000 + Quantico........................................ $143,350,000 + Yorktown........................................ $59,000,000 +Washington................................... Bremerton....................................... $51,010,000 + Keyport......................................... $25,050,000 + Kitsap.......................................... $48,000,000 +Unspecified CONUS............................ Zulu............................................ $59,600,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2204(a) and available +for military construction projects outside the United States as +specified in the funding table in section 4601, the Secretary of the +Navy may acquire real property and carry out military construction +projects for the installations or locations outside the United States, +and in the amounts, set forth in the following table: + + Navy: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Australia..................................... Darwin.......................................... $211,500,000 +Bahrain Island................................ Southwest Asia.................................. $53,360,000 +Guam.......................................... Joint Region Marianas........................... $226,000,000 +Italy......................................... Sigonella....................................... $77,400,000 +Japan......................................... Iwakuni......................................... $15,870,000 + Yokosuka........................................ $174,692,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2202. FAMILY HOUSING. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2204(a) and available for military family +housing functions as specified in the funding table in section 4601, +the Secretary of the Navy may carry out architectural and engineering +services and construction design activities with respect to the +construction or improvement of family housing units in an amount not to +exceed $5,863,000. + +SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. + + Subject to section 2825 of title 10, United States Code, and using +amounts appropriated pursuant to the authorization of appropriations in +section 2204(a) of this Act and available for military family housing +functions as specified in the funding table in section 4601, the +Secretary of the Navy may improve existing military family housing +units in an amount not to exceed $41,798,000. + +SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2019, +for military construction, land acquisition, and military family +housing functions of the Department of the Navy, as specified in the +funding table in section 4601. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2201 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 4601. + + TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION + +SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION + PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2304(a) and available +for military construction projects inside the United States as +specified in the funding table in section 4601, the Secretary of the +Air Force may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Air Force: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Alaska......................................... Eielson Air Force Base...................... $8,600,000 +Arkansas....................................... Little Rock Air Force Base.................. $47,000,000 +California..................................... Travis Air Force Base....................... $43,100,000 +Colorado....................................... Peterson Air Force Base..................... $54,000,000 + Schriever Air Force Base.................... $148,000,000 +Illinois....................................... Scott Air Force Base........................ $100,000,000 +Missouri....................................... Whiteman Air Force Base..................... $27,000,000 +Montana........................................ Malmstrom Air Force Base.................... $235,000,000 +Nevada......................................... Nellis Air Force Base....................... $65,200,000 +New Mexico..................................... Holloman Air Force Base..................... $20,000,000 + Kirtland Air Force Base..................... $37,900,000 + North Dakota.................................. Minot Air Force Base........................ $5,500,000 +Texas.......................................... Joint Base San Antonio...................... $207,300,000 +Utah........................................... Hill Air Force Base......................... $114,500,000 +Washington..................................... Fairchild Air Force Base.................... $31,000,000 +Wyoming........................................ F.E. Warren Air Force Base.................. $18,100,000 +Unspecified CONUS.............................. Zulu........................................ $31,200,000 +Unspecified Worldwide.......................... Zulu........................................ $230,000,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2304(a) and available +for military construction projects outside the United States as +specified in the funding table in section 4601, the Secretary of the +Air Force may acquire real property and carry out military construction +projects for the installations or locations outside the United States, +and in the amounts, set forth in the following table: + + Air Force: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Australia...................................... Tindal...................................... $70,600,000 +Cyprus......................................... Royal Air Force Akrotiri.................... $27,000,000 +Guam........................................... Joint Region Marianas....................... $65,000,000 +Japan.......................................... Kadena Air Base............................. $31,500,000 + Misawa Air Base............................. $5,300,000 + Yokota Air Base............................. $12,400,000 +Jordan......................................... Azraq....................................... $66,000,000 +Mariana Islands................................ Tinian...................................... $316,000,000 +United Kingdom................................. Royal Air Force Lakenheath.................. $14,300,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2302. FAMILY HOUSING. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2304(a) and available for military family +housing functions as specified in the funding table in section 4601, +the Secretary of the Air Force may carry out architectural and +engineering services and construction design activities with respect to +the construction or improvement of family housing units in an amount +not to exceed $3,409,000. + +SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. + + Subject to section 2825 of title 10, United States Code, and using +amounts appropriated pursuant to the authorization of appropriations in +section 2304(a) and available for military family housing functions as +specified in the funding table in section 4601, the Secretary of the +Air Force may improve existing military family housing units in an +amount not to exceed $53,584,000. + +SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2019, +for military construction, land acquisition, and military family +housing functions of the Department of the Air Force, as specified in +the funding table in section 4601. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2301 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 4601. + +SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2015 PROJECT. + + In the case of the authorization contained in the table in section +2301(b) of the Military Construction Authorization Act for Fiscal Year +2015 (division B of Public Law 113-291; 128 Stat. 3679) for Royal Air +Force Croughton, for JIAC Consolidation Phase 1, the location shall be +Royal Air Force Molesworth, United Kingdom. + +SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2016 PROJECT. + + In the case of the authorization contained in the table in section +2301(b) of the Military Construction Authorization Act for Fiscal Year +2016 (division B of Public Law 114-92; 129 Stat. 1153) for JIAC +Consolidation Phase 2, as modified by section 2305 of the Military +Construction Authorization Act for Fiscal Year 2019 (division B of +Public Law 115-232) for an unspecified location in the United Kingdom, +the Secretary of the Air Force may construct a 5,152 square meter +intelligence analytic center, a 5,234 square meter intelligence fusion +center, and a 807 square meter battlefield information collection and +exploitation system center at Royal Air Force Molesworth, United +Kingdom. + +SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2017 PROJECT. + + In the case of the authorization contained in the table in section +2301(b) of the Military Construction Authorization Act for Fiscal Year +2017 (division B of Public Law 114-328; 130 Stat. 2697) for JIAC +Consolidation Phase 3, as modified by section 2305 of the Military +Construction Authorization Act for Fiscal Year 2019 (division B of +Public Law 115-32) for an unspecified location in the United Kingdom, +the Secretary of the Air Force may construct a 1,562 square meter +regional joint intelligence training facility and a 4,495 square meter +combatant command intelligence facility at Royal Air Force Molesworth, +United Kingdom. + +SEC. 2308. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018 + PROJECTS. + + (a) Joint Base San Antonio.--In the case of the authorization +contained in the table in section 2301(a) of the Military Construction +Authorization Act for Fiscal Year 2018 (division B of Public Law 115- +91; 131 Stat. 1826) for Joint Base San Antonio, Texas-- + (1) for construction of a dining and classroom facility the + Secretary of the Air Force may construct a 750 square meter + equipment building; and + (2) for construction of an air traffic control tower the + Secretary of the Air Force may construct a 636 square meter air + traffic control tower. + (b) Rygge.--In the case of the authorization contained in the table +in section 2903 of the Military Construction Authorization Act for +Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1876) for +Rygge, Norway, for repairing and expanding a quick reaction alert pad, +the Secretary of the Air Force may construct 1,327 square meters of +aircraft shelter and a 404 square meter fire protection support +building. + +SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR + 2019 PROJECTS. + + (a) Hanscom Air Force Base.--In the case of the authorization +contained in the table in section 2301(a) of the Military Construction +Authorization Act for Fiscal Year 2019 (division B of Public Law 115- +232) for Hanscom Air Force Base, Massachusetts, for the construction of +a semiconductor or microelectronics lab facility, the Secretary of the +Air Force may construct a 1,000 kilowatt stand-by generator. + (b) Royal Air Force Lakenheath.--In the case of the authorization +contained in the table in section 2301(b) of the Military Construction +Authorization Act for Fiscal Year 2019 (division B of Public Law 115- +232) for Royal Air Force Lakenheath, United Kingdom, for the +construction of an F-35 dormitory, the Secretary of the Air Force may +construct a 5,900 square meter dormitory. + + TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION + +SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for military construction projects inside the United States as +specified in the funding table in section 4601, the Secretary of +Defense may acquire real property and carry out military construction +projects for the installations or locations inside the United States, +and in the amounts, set forth in the following table: + + Defense Agencies: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +California.................................... Beale Air Force Base............................ $33,700,000 + Camp Pendleton.................................. $17,700,000 +CONUS Classified.............................. Classified Location............................. $82,200,000 +Florida....................................... Elgin Air Force Base............................ $16,500,000 + Hurlburt Field.................................. $108,386,000 + Key West........................................ $16,000,000 +Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $67,700,000 +Maryland...................................... Fort Detrick.................................... $27,846,000 +Mississippi................................... Columbus Air Force Base......................... $16,800,000 + North Carolina............................... Camp Lejeune.................................... $13,400,000 + Fort Bragg...................................... $84,103,000 +Oklahoma...................................... Tulsa International Airport..................... $18,900,000 +Rhode Island.................................. Quonset State Airport........................... $11,600,000 +South Carolina................................ Joint Base Charleston........................... $33,300,000 +South Dakota.................................. Ellsworth Air Force Base........................ $24,800,000 +Virginia...................................... Dam Neck........................................ $12,770,000 + Defense Distribution Depot Richmond............. $98,800,000 + Joint Expeditionary Base Little Creek-Fort Story $45,604,000 + Pentagon........................................ $28,802,000 + Washington................................... Joint Base Lewis-McChord........................ $47,700,000 +Wisconsin..................................... General Mitchell International Airport.......... $25,900,000 +Unspecified CONUS............................. Zulu............................................ $100,000,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for military construction projects outside the United States as +specified in the funding table in section 4601, the Secretary of +Defense may acquire real property and carry out military construction +projects for the installations or locations outside the United States, +and in the amounts, set forth in the following table: + + Defense Agencies: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Germany...................................... Geilenkirchen Air Base........................ $30,479,000 + Ramstein Air Base............................. $66,880,000 + Guam........................................ Joint Region Marianas......................... $19,200,000 +Japan........................................ Yokota Air Base............................... $136,411,000 +Worldwide Classified......................... Classified Location........................... $52,000,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT + PROGRAM PROJECTS. + + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for energy conservation projects as specified in the funding table in +section 4601, the Secretary of Defense may carry out energy +conservation projects under chapter 173 of title 10, United States +Code, for the installations or locations inside the United States, and +in the amounts, set forth in the following table: + + ERCIP Projects: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +California................................... Mountain View................................. $9,700,000 + Naval Air Weapons Station China Lake.......... $8,950,000 + Naval Support Activity Monterey............... $10,540,000 + Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $4,000,000 +Louisiana.................................... Joint Reserve Base Naval Air Station New $5,340,000 + Orleans...................................... +Maryland..................................... South Potomac................................. $18,460,000 + Naval Support Activity Bethesda............... $13,840,000 +New Mexico................................... White Sands Missile Range..................... $5,800,000 +Texas........................................ Fort Hood..................................... $16,500,000 + Camp Swift.................................... $4,500,000 +Virginia..................................... National Reconnaissance Office Headquarters... $66,000 +Washington................................... Naval Base Kitsap............................. $23,670,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Outside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2403(a) and available +for energy conservation projects as specified in the funding table in +section 4601, the Secretary of Defense may carry out energy +conservation projects under chapter 173 of title 10, United States +Code, for the installations or locations outside the United States, and +in the amounts, set forth in the following table: + + ERCIP Projects: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +Guam......................................... Naval Base Guam............................... $16,970,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal years beginning after September 30, 2019, +for military construction, land acquisition, and military family +housing functions of the Department of Defense (other than the military +departments), as specified in the funding table in section 4601. + (b) Limitation on Total Cost of Construction Projects.-- +Notwithstanding the cost variations authorized by section 2853 of title +10, United States Code, and any other cost variation authorized by law, +the total cost of all projects carried out under section 2401 of this +Act may not exceed the total amount authorized to be appropriated under +subsection (a), as specified in the funding table in section 4601. + + TITLE XXV--INTERNATIONAL PROGRAMS + + Subtitle A--North Atlantic Treaty Organization Security Investment + Program + +SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + The Secretary of Defense may make contributions for the North +Atlantic Treaty Organization Security Investment Program as provided in +section 2806 of title 10, United States Code, in an amount not to +exceed the sum of the amount authorized to be appropriated for this +purpose in section 2502 and the amount collected from the North +Atlantic Treaty Organization as a result of construction previously +financed by the United States. + +SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. + + (a) Authorization.--Funds are hereby authorized to be appropriated +for fiscal years beginning after September 30, 2019, for contributions +by the Secretary of Defense under section 2806 of title 10, United +States Code, for the share of the United States of the cost of projects +for the North Atlantic Treaty Organization Security Investment Program +authorized by section 2501 as specified in the funding table in section +4601. + (b) Authority to Recognize NATO Authorization Amounts as Budgetary +Resources for Project Execution.--When the United States is designated +as the Host Nation for the purposes of executing a project under the +NATO Security Investment Program (NSIP), the Department of Defense +construction agent may recognize the NATO project authorization amounts +as budgetary resources to incur obligations for the purposes of +executing the NSIP project. + + Subtitle B--Host Country In-Kind Contributions + +SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. + + Pursuant to agreement with the Republic of Korea for required in- +kind contributions, the Secretary of Defense may accept military +construction projects for the installations or locations, and in the +amounts, set forth in the following table: + + Republic of Korea Funded Construction Projects +---------------------------------------------------------------------------------------------------------------- + Installation or + Country Component Location Project Amount +---------------------------------------------------------------------------------------------------------------- +Korea........................... Army.............. Camp Carroll...... Army Prepositioned $51,000,000 + Stock-4 Wheeled + Vehicle + Maintenance + Facility......... + Army.............. Camp Humphreys.... Unaccompanied $154,000,000 + Enlisted + Personnel + Housing, P1...... + Army.............. Camp Humphreys.... Unaccompanied $211,000,000 + Enlisted + Personnel + Housing, P2...... + Army.............. Camp Humphreys.... Satellite $32,000,000 + Communications + Facility......... + Air Force......... Gwangju Air Base.. Hydrant Fuel $35,000,000 + System Upgrade + Electrical....... + Air Force......... Kunsan Air Base... Distribution $14,200,000 + System........... + Air Force......... Kunsan Air Base... Dining Facility... $21,000,000 + Air Force......... Suwon Air Base.... Hydrant Fuel $24,000,000 + System........... +---------------------------------------------------------------------------------------------------------------- + + TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES + +SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Army may acquire real property and carry out military +construction projects for the Army National Guard locations inside the +United States, and in the amounts, set forth in the following table: + + Army National Guard +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Alabama..................................... Anniston Army Depot.............................. $34,000,000 + Foley............................................ $12,000,000 +California.................................. Camp Roberts..................................... $12,000,000 +Idaho....................................... Orchard Training Area............................ $29,000,000 +Maryland.................................... Havre de Grace................................... $12,000,000 +Massachusetts............................... Camp Edwards..................................... $9,700,000 +Minnesota................................... New Ulm.......................................... $11,200,000 +Mississippi................................. Camp Shelby...................................... $8,100,000 +Missouri.................................... Springfield...................................... $12,000,000 +Nebraska.................................... Bellevue......................................... $29,000,000 +New Hampshire............................... Concord.......................................... $5,950,000 +New York.................................... Jamaica Armory................................... $91,000,000 +Pennsylvania................................ Moon Township.................................... $23,000,000 +Vermont..................................... Camp Ethan Allen................................. $30,000,000 +Washington.................................. Richland......................................... $11,400,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION + PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Army may acquire real property and carry out military +construction projects for the Army Reserve locations inside the United +States, and in the amounts, set forth in the following table: + + Army Reserve +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Delaware...................................... Dover Air Force Base........................... $21,000,000 +Wisconsin..................................... Fort McCoy..................................... $25,000,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE + CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Navy may acquire real property and carry out military +construction projects for the Navy Reserve and Marine Corps Reserve +locations inside the United States, and in the amounts, set forth in +the following table: + + Navy Reserve and Marine Corps Reserve +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Louisiana..................................... New Orleans.................................... $25,260,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Air Force may acquire real property and carry out +military construction projects for the Air National Guard locations +inside the United States, and in the amounts, set forth in the +following table: + + Air National Guard +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +California.................................... Moffett Air National Guard Base................ $57,000,000 +Georgia....................................... Savannah/Hilton Head International Airport..... $24,000,000 +Missouri...................................... Rosecrans Memorial Airport..................... $9,500,000 +Puerto Rico................................... Luis Munoz Marin International Airport......... $50,000,000 +Wisconsin..................................... Truax Field Air National Guard Base............ $34,000,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + Using amounts appropriated pursuant to the authorization of +appropriations in section 2606 and available for the National Guard and +Reserve as specified in the funding table in section 4601, the +Secretary of the Air Force may acquire real property and carry out +military construction projects for the Air Force Reserve locations +inside the United States, and in the amounts, set forth in the +following table: + + Air Force Reserve +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Georgia....................................... Robins Air Force Base.......................... $43,000,000 +Minnesota..................................... Minneapolis-St. Paul International Airport..... $9,800,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE. + + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2019, for the costs of acquisition, +architectural and engineering services, and construction of facilities +for the Guard and Reserve Forces, and for contributions therefor, under +chapter 1803 of title 10, United States Code (including the cost of +acquisition of land for those facilities), as specified in the funding +table in section 4601. + + TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES + +SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND + CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE + BASE CLOSURE ACCOUNT. + + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2019, for base realignment and closure +activities, including real property acquisition and military +construction projects, as authorized by the Defense Base Closure and +Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 +U.S.C. 2687 note) and funded through the Department of Defense Base +Closure Account established by section 2906 of such Act (as amended by +section 2711 of the Military Construction Authorization Act for Fiscal +Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as +specified in the funding table in section 4601. + +SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND + CLOSURE (BRAC) ROUND. + + Nothing in this Act shall be construed to authorize an additional +Base Realignment and Closure (BRAC) round. + + TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS + + Subtitle A--Military Construction Program + +SEC. 2801. MILITARY INSTALLATION RESILIENCE PLANS AND PROJECTS OF + DEPARTMENT OF DEFENSE. + + (a) Plans and Projects.-- + (1) In general.--Subchapter I of chapter 169 of title 10, + United States Code, is amended by adding at the end the + following new sections: +``Sec. 2815. Military installation resilience plans + ``(a) In General.--The Secretary of each military department shall +ensure the maintenance and enhancement of military installation +resilience through the development and implementation of military +installation resilience plans under this section for each military +installation under the jurisdiction of such Secretary that is in a +coastal area. + ``(b) Military Installation Resilience Plans for National Guard +Installations.--The Secretary of a military department, subject to the +availability of appropriations, may develop and implement a military +installation resilience plan for a State-owned installation of the +National Guard that is in a coastal area if-- + ``(1) such a plan is developed and implemented in + coordination with the chief executive officer of the State in + which the installation is located; and + ``(2) such a plan is deemed, for purposes of any other + provision of law, to be for lands or other geographical areas + owned or controlled by the Department of Defense, or designated + for use by the Department of Defense. + ``(c) Required Elements of Plans.--To the extent appropriate and +applicable, each military installation resilience plan under this +section shall provide for the following: + ``(1) A qualitative and, to the extent practicable, + quantitative assessment of-- + ``(A) current risks and threats to the resilience + of the military installation, including from extreme + weather events, mean sea level fluctuation, flooding, + and other changes in environmental conditions; and + ``(B) future risks and threats, including from + extreme weather events, mean sea level fluctuation, + flooding, and other changes in environmental + conditions, based on projections from reliable and + authorized sources as described in section 2805(c) of + the Military Construction Authorization Act for Fiscal + Year 2019 (division B of Public Law 115-232; 10 U.S.C. + 2864 note), to the resilience of any project considered + in the master plan for the installation under section + 2864 of this title during the 50-year lifespan of the + installation. + ``(2) A description of the-- + ``(A) assets or infrastructure located on the + installation vulnerable to the risks and threats + described in paragraph (1), with special emphasis on + assets or infrastructure critical to the accomplishment + of the missions of the installation and missions of any + members of the armed forces stationed at the + installation; and + ``(B) community infrastructure and resources + located outside the military installation that are-- + ``(i) critical to the accomplishment of the + missions of the military installation and of + members of the armed forces stationed at the + installation; and + ``(ii) vulnerable to the risks and threats + described in paragraph (1). + ``(3) A description of the-- + ``(A) current or planned infrastructure projects or + other measures to mitigate the impacts of risks and + threats described in paragraph (1) to the resilience of + the military installation and the accomplishment of the + missions of the military installation and missions of + members of the armed forces stationed at the + installation; + ``(B) estimated costs associated with such current + or planned infrastructure projects or other mitigation + measures; and + ``(C) current or planned interagency agreements, + cooperative agreements, memoranda of agreement, or + other agreements with other Federal agencies, Indian + tribes, State or local governments or entities, or + other organizations or individuals for the purpose of + or that will assist in maintaining or enhancing + military installation resilience and the resilience of + the community infrastructure and resources described in + paragraph (2)(B). + ``(d) Consistency and Integration With Other Plans.--The Secretary +of each military department shall ensure that each military +installation resilience plan prepared by such Secretary under this +section is-- + ``(1) consistent with the integrated natural resource + management plan of the Secretary required by section + 101(a)(1)(B) of the Sikes Act (16 U.S.C. 670a); + ``(2) consistent with and integrated into the installation + energy resilience master plan of the Secretary required by + section 2911(b)(3) of this title; and + ``(3) consistent with and integrated into the installation + master plan of the Secretary required by section 2864 of this + title. + ``(e) Inclusion of Certain Projects.--The Secretary of each +military department shall include in military installation resilience +plans under this section projects or improvements to facilities +conducted using amounts for sustainment, restoration, and +modernization. + ``(f) Definitions.--In this section: + ``(1) The term `community infrastructure' has the meaning + given that term in section 2391(e)(4) of this title. + ``(2) The term `Indian tribe' has the meaning given that + term in section 4 of the Indian Self-Determination and + Education Assistance Act (25 U.S.C. 5304).''. +``Sec. 2815a. Military installation resilience projects + ``(a) Projects Required.--The Secretary of Defense shall carry out +military construction projects for military installation resilience, +not previously authorized, using funds authorized to be appropriated or +otherwise made available for that purpose. + ``(b) Congressional Notification.--(1) When a decision is made to +carry out a project under this section, the Secretary of Defense shall +notify the congressional defense committees of that decision. + ``(2) The Secretary of Defense shall include in each notification +submitted under paragraph (1) the rationale for how the project would-- + ``(A) enhance military installation resilience; + ``(B) enhance mission assurance; + ``(C) support mission critical functions; and + ``(D) address known vulnerabilities. + ``(c) Timing of Projects.--A project may be carried out under this +section only after the end of the 14-day period beginning on the date +that notification with respect to that project under subsection (b) is +received by the congressional defense committees in an electronic +medium pursuant to section 480 of this title. + ``(d) Annual Report.--Not later than 90 days after the end of each +fiscal year, the Secretary of Defense shall submit to the congressional +defense committees a report on the status of the planned and active +projects carried out under this section (including completed projects), +and shall include in the report with respect to each such project the +following information: + ``(1) The title, location, a brief description of the scope + of work, the original project cost estimate, and the current + working cost estimate. + ``(2) The rationale for how the project would-- + ``(A) enhance military installation resilience; + ``(B) enhance mission assurance; + ``(C) support mission critical functions; and + ``(D) address known vulnerabilities. + ``(3) Such other information as the Secretary considers + appropriate. + ``(e) Authorization of Appropriations.--There is authorized to be +appropriated to the Department of Defense to carry out this section +$100,000,000 for each fiscal year.''. + (2) Clerical amendment.--The table of sections at the + beginning of chapter 169 of such title is amended by inserting + after the item relating to section 2814 the following new + items: + +``2815. Military installation resilience plans. +``2815a. Military installation resilience projects.''. + (b) Report.-- + (1) In general.--Not later than March 1, 2020, the + Secretary of Defense shall submit to the congressional defense + committees a report on the extent to which military + installation resilience plans were prepared or implemented in + accordance with section 2815 of title 10, United States Code, + as added by subsection (a)(1). + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) The number of military installation resilience + plans in effect, including the date on which each plan + was issued in final form or most recently revised. + (B) The amounts expended on mitigation measures + conducted pursuant to or consistent with such plans, + including moving critical military functions of the + Department of Defense to less vulnerable military + installations. + (C) An assessment of the extent to which such plans + comply with section 2815 of title 10, United States + Code, as added by subsection (a)(1). + +SEC. 2802. PROHIBITION ON USE OF FUNDS TO REDUCE AIR BASE RESILIENCY OR + DEMOLISH PROTECTED AIRCRAFT SHELTERS IN THE EUROPEAN + THEATER WITHOUT CREATING A SIMILAR PROTECTION FROM + ATTACK. + + No funds authorized to be appropriated by this Act or otherwise +made available for the Department of Defense for fiscal year 2020 may +be obligated or expended to implement any activity that reduces air +base resiliency or demolishes protected aircraft shelters in the +European theater without creating a similar protection from attack in +the European theater until such time as the Secretary of Defense +certifies to the congressional defense committees that protected +aircraft shelters are not required in the European theater. + +SEC. 2803. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN TO THE HOST + NATION ANY EXISTING AIR BASE. + + No funds authorized to be appropriated by this Act or otherwise +made available for the Department of Defense for fiscal year 2020 may +be obligated or expended to implement any activity that closes or +returns to the host nation any existing air base until such time as the +Secretary of Defense certifies that there is no longer a need for a +rotational military presence in the European theater. + +SEC. 2804. INCREASED AUTHORITY FOR CERTAIN UNSPECIFIED MINOR MILITARY + CONSTRUCTION PROJECTS. + + (a) In General.--Notwithstanding the limitations specified in +section 2805 of title 10, United States Code, the Secretary concerned +may carry out unspecified minor military construction projects in an +amount not to exceed $12,000,000 at the following installations: + (1) Tyndall Air Force Base, Florida. + (2) Camp Ashland, Nebraska. + (3) Offutt Air Force Base, Nebraska. + (4) Camp Lejeune, North Carolina. + (5) Marine Corps Air Station Cherry Point, North Carolina. + (b) Adjustment of Limitation.--The Secretary concerned may adjust +the dollar limitation specified in subsection (a) applicable to a +project described in such subsection to reflect the area construction +cost index for military construction projects published by the +Department of Defense during the prior fiscal year for the location of +the project, except that no such limitation may exceed $19,000,000 as +the result of any adjustment made under this subsection. + (c) Termination.--The authority under this section shall terminate +on the date that is five years after the date of the enactment of this +Act. + +SEC. 2805. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO INSTALLATION + RESILIENCE. + + (a) Defense Access Roads.--Section 210 of title 23, United States +Code, is amended-- + (1) in subsection (a), by striking ``(a)(1) The Secretary'' + and all that follows through the end of paragraph (1) and + inserting the following: + ``(a) Authorization.-- + ``(1) In general.--Of the funds appropriated for defense + access roads, the Secretary may use such amounts as are + appropriate for-- + ``(A) the construction and maintenance of defense + access roads (including bridges, tubes, tunnels, and + culverts or other water management structures on those + roads) to-- + ``(i) military reservations; + ``(ii) defense industry sites; + ``(iii) air or sea ports that, as + determined by the Secretary, in consultation + with the Secretary of Defense, are necessary + for or are planned to be used for the + deployment or sustainment of members of the + Armed Forces, equipment, or supplies; or + ``(iv) sources of raw materials; + ``(B) the reconstruction or enhancement of, or + improvements to, those roads to ensure the continued + effective use of the roads, regardless of current or + projected increases in mean high tides, recurrent + flooding, or other weather-related conditions or + natural disasters, in any case in which the roads are + certified to the Secretary as important to the national + defense by-- + ``(i) the Secretary of Defense; or + ``(ii) such other official as the President + may designate; and + ``(C) replacing existing highways and highway + connections that are shut off from general public use + by necessary closures, closures due to mean sea level + fluctuation and flooding, or restrictions at-- + ``(i) military reservations; + ``(ii) air or sea ports that are necessary + for or are planned to be used for the + deployment or sustainment of members of the + Armed Forces, equipment, or supplies; or + ``(iii) defense industry sites.''; + (2) in subsection (b), by striking ``the construction and + maintenance of'' and inserting ``the construction, maintenance, + reconstruction, or improvement of, or enhancements to,''; + (3) in subsection (c)-- + (A) by striking ``him'' and inserting ``the + Secretary''; + (B) by striking ``construction, maintenance, and + repair work'' and inserting ``activities for + construction, maintenance, reconstruction, enhancement, + improvement, and repair''; + (C) by striking ``therein'' and inserting ``in + those areas''; and + (D) by striking ``condition for such training + purposes and for repairing the damage caused to such + highways by the operations'' and inserting the + following: ``condition for-- + ``(1) that training; and + ``(2) repairing the damage to those highways caused by-- + ``(A) weather-related events, increases in mean + high tide levels, recurrent flooding, or natural + disasters; or + ``(B) the operations''; + (4) in subsection (g), in the second sentence, by striking + ``construction which has been'' and inserting ``construction + and other activities''; and + (5) by striking subsection (i) and inserting the following: + ``(i) Repair of Certain Damages and Infrastructure.--The amounts +made available to carry out this section may be used to pay the cost of +repairing damage caused, or any infrastructure to mitigate a risk +posed, to a defense access road by recurrent or projected recurrent +flooding, sea level fluctuation, a natural disaster, or any other +current or projected change in applicable environmental conditions, if +the Secretary determines that continued access to a military +installation, defense industry site, air or sea port necessary for or +planned to be used for the deployment or sustainment of members of the +Armed Forces, equipment, or supplies, or to a source of raw materials, +has been or is projected to be impacted by those events or +conditions.''. + (b) Study on Certain Threats to Military Installation Resilience.-- + (1) Study.-- + (A) In general.--Not later than March 1, 2020, the + Secretary of Defense shall complete a comprehensive + study, to be conducted by the Director of the Engineer + Research and Development Center of the Army Corps of + Engineers, on the risks posed by coastal or inland + flooding, mean sea level fluctuation, and storm surge + to the military installation resilience of military + installations and State-owned installations of the + National Guard that the Secretary determines are + vulnerable to those risks. + (B) Coordination.--The study under subparagraph (A) + shall be conducted in coordination with other elements + of the Army Corps of Engineers, other Federal agencies, + and State, local, and tribal officials to ensure + consistency with other plans or pre-disaster and risk + mitigation measures being planned or taken in the areas + within the scope of the study. + (2) Risk mitigation measures.--The study required by + paragraph (1)(A) shall include the identification of and + recommendations concerning ongoing or potential risk mitigation + measures, including on lands and waters not under the + jurisdiction of the Department of Defense, including authorized + projects of the Army Corps of Engineers and current or + potential projects under the Continuing Authorities Program of + the Corps of Engineers, that would contribute to preserving or + enhancing the military installation resilience of military + installations and State-owned installations of the National + Guard within the scope of the study. + (3) Barriers to maintaining and enhancing resilience.--The + study required by paragraph (1)(A) shall identify + institutional, administrative, legislative, and other barriers + to preserving and enhancing the military installation + resilience of the installations determined by such study to be + vulnerable to the risks posed by coastal or inland flooding, + sea level rise, or storm surge. + (4) Reports.-- + (A) Initial report.--Not later than one year after + the date of the enactment of this Act, the Secretary of + Defense shall submit to the congressional defense + committees a report providing the status of, interim + results for, and an expected completion date for the + study required by paragraph (1)(A). + (B) Final report.--Not later than two years after + the date of the enactment of this Act, the Secretary + shall submit to the congressional defense committees a + final report on the study required by paragraph (1)(A). + (5) Definitions.--In this subsection: + (A) Congressional defense committees; military + installation resilience.--The terms ``congressional + defense committees'' and ``military installation + resilience'' have the meanings given those terms in + section 101 of title 10, United States Code. + (B) Continuing authorities program of the corps of + engineers.--The term ``Continuing Authorities Program + of the Corps of Engineers'' means any of the programs + listed in section 1030(a) of the Water Resources Reform + and Development Act of 2014 (33 U.S.C. 400). + (c) Update of United Facilities Criteria to Include Changing +Environmental Condition Projections.--Section 2805(c) of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232) is amended-- + (1) by striking ``Not later than'' and inserting the + following: + ``(1) Fiscal year 2019.--Not later than''; + (2) in paragraph (1), as designated by paragraph (1), by + striking ``United Facilities Criteria (UFC) 2-100-01 and UFC 2- + 100-02'' and inserting ``United Facilities Criteria (UFC) 1- + 200-01 and UFC 1-200-02''; and + (3) by adding at the end the following new paragraph: + ``(2) Fiscal year 2020.--Not later than 30 days after the + date of the enactment of the National Defense Authorization Act + for Fiscal Year 2020, the Secretary of Defense shall amend the + United Facilities Criteria (UFC) as follows: + ``(A) To require that installations of the + Department of Defense assess the risks from extreme + weather and related effects and develop plans to + address those risks. + ``(B) To require in the design of any military + construction project the use of the following weather + projections: + ``(i) Population projections from the + Bureau of the Census. + ``(ii) Land use change projections and + weather projections from the National Academy + of Sciences. + ``(iii) Land use change projections through + the use of land use and land cover modeling by + the United States Geological Survey. + ``(iv) Weather projections from the United + States Global Change Research Program, + including in the National Climate Assessment. + ``(v) Weather projections developed through + the use of Localized Constructed Analogs + Statistical Downscaling. + ``(vi) Weather projections developed + through the Earth Exchange program of the + National Aeronautics and Space Administration. + ``(vii) Weather projections included in the + technical report NOS CO-OPS 083 set forth by + the National Oceanic and Atmospheric + Administration. + ``(viii) Any customized, high-resolution + model weather projections developed by the + Strategic Environmental Research and + Development Program for specific regions with + the goal of assessing the vulnerability of + installations of the Department. + ``(C) To require the Secretary to provide guidance + to project designers and master planners on how to use + weather projections. + ``(D) To require the use throughout the Department + of the Naval Facilities Engineering Command Climate + Change Installation Adaptation and Resilience planning + handbook.''. + + Subtitle B--Land Conveyances + +SEC. 2811. RELEASE OF INTERESTS RETAINED IN CAMP JOSEPH T. ROBINSON, + ARKANSAS, FOR USE OF SUCH LAND AS A VETERANS CEMETERY. + + (a) Release of Retained Interests.-- + (1) In general.--With respect to a parcel of land at Camp + Joseph T. Robinson, Arkansas, consisting of approximately + 141.52 acres that lies in a part of section 35, township 3 + north, range 12 west, Pulaski County, Arkansas, and comprising + a portion of the property conveyed by the United States to the + State of Arkansas for training of the National Guard and for + other military purposes pursuant to ``An Act authorizing the + transfer of part of Camp Joseph T. Robinson to the State of + Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter 429), + the Secretary of the Army may release the terms and conditions + imposed, and reversionary interests retained, by the United + States under section 2 of such Act, and the right to reenter + and use the property retained by the United States under + section 3 of such Act. + (2) Impact on other rights or interests.--The release of + terms and conditions and retained interests under paragraph (1) + with respect to the parcel described in such paragraph shall + not be construed to alter the rights or interests retained by + the United States with respect to the remainder of the real + property conveyed to the State of Arkansas under the Act + described in such paragraph. + (b) Instrument of Release and Description of Property.-- + (1) In general.--The Secretary of the Army may execute and + file in the appropriate office a deed of release, amended deed, + or other appropriate instrument reflecting the release of terms + and conditions and retained interests under subsection (a). + (2) Legal description.--The exact acreage and legal + description of the property described in subsection (a) shall + be determined by a survey satisfactory to the Secretary of the + Army. + (c) Conditions on Release and Reversionary Interest.-- + (1) Expansion of veterans cemetery and reversionary + interest.-- + (A) Expansion of veterans cemetery.--The State of + Arkansas may use the parcel of land described in + subsection (a)(1) only for the expansion of the + Arkansas State Veterans Cemetery. + (B) Reversionary interest.--If the Secretary of the + Army determines at any time that the parcel of land + described in subsection (a)(1) is not being used in + accordance with the purpose specified in subparagraph + (A), all right, title, and interest in and to the land, + including any improvements thereto, shall, at the + option of the Secretary, revert to and become the + property of the United States, and the United States + shall have the right of immediate entry onto such + parcel. + (2) Additional terms and conditions.--The Secretary of the + Army may require in the instrument of release such additional + terms and conditions in connection with the release of terms + and conditions and retained interests under subsection (a) as + the Secretary considers appropriate to protect the interests of + the United States. + (d) Payment of Administrative Costs.-- + (1) Payment required.-- + (A) In general.--The Secretary of the Army may + require the State of Arkansas to cover costs to be + incurred by the Secretary, or to reimburse the + Secretary for costs incurred by the Secretary, to carry + out the release of terms and conditions and retained + interests under subsection (a), including survey costs, + costs related to environmental documentation, and other + administrative costs related to the release. + (B) Refund of amounts.--If amounts paid to the + Secretary by the State of Arkansas in advance under + subparagraph (A) exceed the costs actually incurred by + the Secretary to carry out the release, the Secretary + shall refund the excess amount to the State. + (2) Treatment of amounts received.--Amounts received under + paragraph (1) as reimbursement for costs incurred by the + Secretary to carry out the release of terms and conditions and + retained interests under subsection (a) shall be credited to + the fund or account that was used to cover the costs incurred + by the Secretary in carrying out the release. Amounts so + credited shall be merged with amounts in such fund or account + and shall be available for the same purposes, and subject to + the same conditions and limitations, as amounts in such fund or + account. + +SEC. 2812. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN PARCELS + OF FEDERAL LAND IN ARLINGTON, VIRGINIA. + + (a) Transfer to the Secretary of the Army.-- + (1) Transfer.--Administrative jurisdiction over the parcel + of Federal land described in paragraph (2) is transferred from + the Secretary of the Interior to the Secretary of the Army. + (2) Description of land.--The parcel of Federal land + referred to in paragraph (1) is the approximately 16.09-acre + parcel of land in Arlington, Virginia, as depicted on the map + entitled ``Arlington National Cemetery, Memorial Ave-NPS + Parcel'' and dated February 11, 2019. + (b) Transfer to the Secretary of the Interior.-- + (1) Transfer.--Administrative jurisdiction over the parcel + of Federal land described in paragraph (2) is transferred from + the Secretary of the Army to the Secretary of the Interior. + (2) Description of land.--The parcel of Federal land + referred to in paragraph (1) is the approximately 1.04-acre + parcel of land in Arlington, Virginia, as depicted on the map + entitled ``Arlington National Cemetery-Chaffee NPS Land Swap'' + and dated October 31, 2018. + (c) Land Surveys.--The exact acreage and legal description of a +parcel of Federal land described in subsection (a)(2) or (b)(2) shall +be determined by a survey satisfactory to the Secretary of the Army and +the Secretary of the Interior. + (d) Authority to Correct Errors.--The Secretary of the Army and the +Secretary of the Interior may correct any clerical or typographical +error in a map described in subsection (a)(2) or (b)(2). + (e) Terms and Conditions.-- + (1) No reimbursement or consideration.--A transfer by + subsection (a)(1) or (b)(1) shall be without reimbursement or + consideration. + (2) Continued recreational access.--The use of a bicycle + trail or recreational access within a parcel of Federal land + described in subsection (a)(2) or (b)(2) in which the use or + access is authorized before the date of enactment of this Act + shall be allowed to continue after the transfer of the + applicable parcel of Federal land by subsection (a)(1) or + (b)(1). + (3) Management of parcel transferred to secretary of the + army.--The parcel of Federal land transferred to the Secretary + of the Army by section (a)(1) shall be administered by the + Secretary of the Army-- + (A) as part of Arlington National Cemetery; and + (B) in accordance with applicable law, including-- + (i) regulations; and + (ii) section 2409 of title 38, United + States Code. + (4) Management of parcel transferred to secretary of the + interior.--The parcel of Federal land transferred to the + Secretary of the Interior by subsection (b)(1) shall be-- + (A) included within the boundary of Arlington + House, The Robert E. Lee Memorial; and + (B) administered by the Secretary of the Interior-- + (i) as part of the memorial referred to in + subparagraph (A); and + (ii) in accordance with applicable law + (including regulations). + +SEC. 2813. MODIFICATION OF REQUIREMENTS RELATING TO LAND ACQUISITION IN + ARLINGTON COUNTY, VIRGINIA. + + Section 2829A of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 130 Stat. 2728) is amended-- + (1) in subsection (a)-- + (A) in paragraph (2)-- + (i) in subparagraph (A)-- + (I) by striking ``to remove'' and + inserting ``if existing County + utilities in the Southgate Road right + of way are permitted to remain in + accordance with a mutually agreed upon + utility easement, to remove'' + (II) by striking ``through a + realignment'' and inserting ``through-- + ``(i) a realignment''; + (III) in clause (i), as designated + by subclause (I), by striking ``and'' + at the end and inserting ``or''; and + (IV) by adding at the end the + following new clause: + ``(ii) the replacement of Southgate Road + with a new access road to Joint Base Myer- + Henderson Hall; and''; and + (ii) in subparagraph (B), by striking the + period at the end and inserting ``in accordance + with this section and applicable Federal, + Commonwealth, and County road right of way + engineering standards and requirements.''; and + (B) by amending paragraph (3) to read as follows: + ``(3) Consideration.-- + ``(A) In general.--The Secretary shall expend + amounts up to fair market value consideration for the + interests in land acquired under this subsection as + such value is determined by an independent appraisal + process in accordance with the Uniform Relocation + Assistance and Real Property Acquisition Policies Act + of 1970 (42 U.S.C. 4601 et seq.). + ``(B) In-kind consideration.-- + ``(i) In general.--Any substitute or + replacement facilities provided as in-kind + consideration to replace existing Commonwealth + or County roadways under this subsection + shall-- + ``(I) be conveyed in fee simple + absolute with no encumbrances or + restrictions unless otherwise agreed by + the Commonwealth or the County; + ``(II) comply with applicable + Commonwealth or County road right of + way engineering standards and + requirements; and + ``(III) with respect to any + substitute facility provided for the + realignment of Columbia Pike-- + ``(aa) include a right-of- + way profile (including + constructed roadway, sidewalks, + bicycle trails, multi-use + trails, buffers, etc.) of not + less than 92 feet in width; and + ``(bb) ensure that, if a + vehicle or equipment tunnel + under Columbia Pike is + determined by the Secretary to + be necessary, there is a depth + of not less than 10 feet + between the top of the tunnel + and the surface of the roadway. + ``(ii) Difference in fair market value.-- + The Commonwealth and the County shall be + entitled to monetary compensation in an amount + equal to the difference in the fair market + value of any property acquired under this + subsection and any property provided as in-kind + consideration under this subparagraph for such + acquired property, which shall be appraised-- + ``(I) as if such properties were to + be made available as surplus; and + ``(II) as determined by an + independent appraisal process in + accordance with the Uniform Relocation + Assistance and Real Property + Acquisition Policies Act of 1970 (42 + U.S.C. 4601 et seq.).''; + (2) in subsection (c), by striking ``appraisals acceptable + to the Secretary'' and inserting ``an independent appraisal + process in accordance with the Uniform Relocation Assistance + and Real Property Acquisition Policies Act of 1970 (42 U.S.C. + 4601 et seq.)''; and + (3) in subsection (d), by striking ``, in consultation with + the Commonwealth and the County where practicable'' and + inserting ``the Commonwealth, and the County''. + +SEC. 2814. WHITE SANDS MISSILE RANGE LAND ENHANCEMENTS. + + (a) Definitions.--In this section: + (1) Map.--The term ``Map'' means the map entitled ``White + Sands National Park Proposed Boundary Revision & Transfer of + Lands Between National Park Service & Department of the Army'', + numbered 142/136,271, and dated February 14, 2017. + (2) Military munitions.--The term ``military munitions'' + has the meaning given the term in section 101(e) of title 10, + United States Code. + (3) Missile range.--The term ``missile range'' means the + White Sands Missile Range, New Mexico, administered by the + Secretary of the Army. + (4) Monument.--The term ``Monument'' means the White Sands + National Monument, New Mexico, established by Presidential + Proclamation No. 2025 (54 U.S.C. 320301 note), dated January + 18, 1933, and administered by the Secretary. + (5) Munitions debris.--The term ``munitions debris'' has + the meaning given the term in volume 8 of the Department of + Defense Manual Number 6055.09-M entitled ``DoD Ammunitions and + Explosives Safety Standards'' and dated February 29, 2008 (as + in effect on the date of enactment of this Act). + (6) Park.--The term ``Park'' means the White Sands National + Park established by subsection (b)(2)(A). + (7) Public land order.--The term ``Public Land Order'' + means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. + 4822). + (8) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (9) State.--The term ``State'' means the State of New + Mexico. + (b) White Sands National Park.-- + (1) Findings.--Congress finds that-- + (A) White Sands National Monument was established + on January 18, 1933, by President Herbert Hoover under + chapter 3203 of title 54, United States Code (commonly + known as the ``Antiquities Act of 1906''); + (B) President Hoover proclaimed that the Monument + was established ``for the preservation of the white + sands and additional features of scenic, scientific, + and educational interest''; + (C) the Monument was expanded by Presidents + Roosevelt, Eisenhower, Carter, and Clinton in 1934, + 1942, 1953, 1978, and 1996, respectively; + (D) the Monument contains a substantially more + diverse set of nationally significant historical, + archaeological, scientific, and natural resources than + were known of at the time the Monument was established, + including a number of recent discoveries; + (E) the Monument is recognized as a major unit of + the National Park System with extraordinary values + enjoyed by more visitors each year since 1995 than any + other unit in the State; + (F) the Monument contributes significantly to the + local economy by attracting tourists; and + (G) designation of the Monument as a national park + would increase public recognition of the diverse array + of nationally significant resources at the Monument and + visitation to the unit. + (2) Establishment of white sands national park.-- + (A) Establishment.--To protect, preserve, and + restore its scenic, scientific, educational, natural, + geological, historical, cultural, archaeological, + paleontological, hydrological, fish, wildlife, and + recreational values and to enhance visitor experiences, + there is established in the State the White Sands + National Park as a unit of the National Park System. + (B) Abolishment of white sands national monument.-- + (i) Abolishment.--Due to the establishment + of the Park, the Monument is abolished. + (ii) Incorporation.--The land and interests + in land that comprise the Monument are + incorporated in, and shall be considered to be + part of, the Park. + (C) References.--Any reference in a law, map, + regulation, document, paper, or other record of the + United States to the ``White Sands National Monument'' + shall be considered to be a reference to the ``White + Sands National Park''. + (D) Availability of funds.--Any funds available for + the Monument shall be available for the Park. + (E) Administration.--The Secretary shall administer + the Park in accordance with-- + (i) this subsection; and + (ii) the laws generally applicable to units + of the National Park System, including section + 100101(a), chapter 1003, sections 100751(a), + 100752, 100753, and 102101, and chapter 3201 of + title 54, United States Code. + (F) World heritage list nomination.-- + (i) County concurrence.--The Secretary + shall not submit a nomination for the Park to + be included on the World Heritage List of the + United Nations Educational, Scientific and + Cultural Organization unless each county in + which the Park is located concurs in the + nomination. + (ii) Army notification.--Before submitting + a nomination for the Park to be included on the + World Heritage List of the United Nations + Educational, Scientific and Cultural + Organization, the Secretary shall notify the + Secretary of the Army of the intent of the + Secretary to nominate the Park. + (G) Effect.--Nothing in this paragraph affects-- + (i) valid existing rights (including water + rights); + (ii) permits or contracts issued by the + Monument; + (iii) existing agreements, including + agreements with the Department of Defense; + (iv) the jurisdiction of the Department of + Defense regarding the restricted airspace above + the Park; or + (v) the airshed classification of the Park + under the Clean Air Act (42 U.S.C. 7401 et + seq.). + (c) Modification of Boundaries of White Sands National Park and +White Sands Missile Range.-- + (1) Transfers of administrative jurisdiction.-- + (A) Transfer of administrative jurisdiction to the + secretary.-- + (i) In general.--Administrative + jurisdiction over the land described in clause + (ii) is transferred from the Secretary of the + Army to the Secretary. + (ii) Description of land.--The land + referred to in clause (i) is-- + (I) the approximately 2,826 acres + of land identified as ``To NPS, lands + inside current boundary'' on the Map; + and + (II) the approximately 5,766 acres + of land identified as ``To NPS, new + additions'' on the Map. + (B) Transfer of administrative jurisdiction to the + secretary of the army.-- + (i) In general.--Administrative + jurisdiction over the land described in clause + (ii) is transferred from the Secretary to the + Secretary of the Army. + (ii) Description of land.--The land + referred to in clause (i) is the approximately + 3,737 acres of land identified as ``To DOA'' on + the Map. + (2) Boundary modifications.-- + (A) Park.-- + (i) In general.--The boundary of the Park + is revised to reflect the boundary depicted on + the Map. + (ii) Map.-- + (I) In general.--The Secretary, in + coordination with the Secretary of the + Army, shall prepare and keep on file + for public inspection in the + appropriate office of the Secretary a + map and a legal description of the + revised boundary of the Park. + (II) Effect.--The map and legal + description under subclause (I) shall + have the same force and effect as if + included in this section, except that + the Secretary may correct clerical and + typographical errors in the map and + legal description. + (iii) Boundary survey.--As soon as + practicable after the date of the establishment + of the Park and subject to the availability of + funds, the Secretary shall complete an official + boundary survey of the Park. + (B) Missile range.-- + (i) In general.--The boundary of the + missile range and the Public Land Order are + modified to exclude the land transferred to the + Secretary under paragraph (1)(A) and to include + the land transferred to the Secretary of the + Army under paragraph (1)(B). + (ii) Map.--The Secretary shall prepare a + map and legal description depicting the revised + boundary of the missile range. + (C) Conforming amendment.--Section 2854 of Public + Law 104-201 (54 U.S.C. 320301 note) is repealed. + (3) Administration.-- + (A) Park.--The Secretary shall administer the land + transferred under paragraph (1)(A) in accordance with + laws (including regulations) applicable to the Park. + (B) Missile range.--Subject to subparagraph (C), + the Secretary of the Army shall administer the land + transferred to the Secretary of the Army under + paragraph (1)(B) as part of the missile range. + (C) Infrastructure; resource management.-- + (i) Range road 7.-- + (I) Infrastructure management.--To + the maximum extent practicable, in + planning, constructing, and managing + infrastructure on the land described in + subclause (III), the Secretary of the + Army shall apply low-impact development + techniques and strategies to prevent + impacts within the missile range and + the Park from stormwater runoff from + the land described in that subclause. + (II) Resource management.--The + Secretary of the Army shall-- + (aa) manage the land + described in subclause (III) in + a manner consistent with the + protection of natural and + cultural resources within the + missile range and the Park and + in accordance with section + 101(a)(1)(B) of the Sikes Act + (16 U.S.C. 670a(a)(1)(B)), + division A of subtitle III of + title 54, United States Code, + and the Native American Graves + Protection and Repatriation Act + (25 U.S.C. 3001 et seq.); and + (bb) include the land + described in subclause (III) in + the integrated natural and + cultural resource management + plan for the missile range. + (III) Description of land.--The + land referred to in subclauses (I) and + (II) is the land that is transferred to + the administrative jurisdiction of the + Secretary of the Army under paragraph + (1)(B) and located in the area east of + Range Road 7 in-- + (aa) T. 17 S., R. 5 E., + sec. 31; + (bb) T. 18 S., R. 5 E.; and + (cc) T. 19 S., R. 5 E., + sec. 5. + (ii) Fence.-- + (I) In general.--The Secretary of + the Army shall continue to allow the + Secretary to maintain the fence shown + on the Map until such time as the + Secretary determines that the fence is + unnecessary for the management of the + Park. + (II) Removal.--If the Secretary + determines that the fence is + unnecessary for the management of the + Park under subclause (I), the Secretary + shall promptly remove the fence at the + expense of the Department of the + Interior. + (D) Research.--The Secretary of the Army and the + Secretary may enter into an agreement to allow the + Secretary to conduct certain research in the area + identified as ``Cooperative Use Research Area'' on the + Map. + (E) Military munitions and munitions debris.-- + (i) Response action.--With respect to any + Federal liability, the Secretary of the Army + shall remain responsible for any response + action addressing military munitions or + munitions debris on the land transferred under + paragraph (1)(A) to the same extent as on the + day before the date of enactment of this Act. + (ii) Investigation of military munitions + and munitions debris.-- + (I) In general.--The Secretary may + request that the Secretary of the Army + conduct 1 or more investigations of + military munitions or munitions debris + on any land transferred under paragraph + (1)(A). + (II) Access.--The Secretary shall + give access to the Secretary of the + Army to the land covered by a request + under subclause (I) for the purposes of + conducting the 1 or more investigations + under that subclause. + (III) Limitation.--An investigation + conducted under this clause shall be + subject to available appropriations. + (iii) Applicable law.--Any activities + undertaken under this subparagraph shall be + carried out in accordance with-- + (I) the Comprehensive Environmental + Response, Compensation, and Liability + Act of 1980 (42 U.S.C. 9601 et seq.); + (II) the purposes for which the + Park was established; and + (III) any other applicable law. + + Subtitle C--Other Matters + +SEC. 2821. EQUAL TREATMENT OF INSURED DEPOSITORY INSTITUTIONS AND + CREDIT UNIONS OPERATING ON MILITARY INSTALLATIONS. + + Section 2667 of title 10, United States Code, is amended by adding +at the end the following: + ``(l) Treatment of Insured Depository Institutions.--(1) Each +covered insured depository institution operating on a military +installation within the continental United States may be allotted space +or leased land on the military installation without charge for rent or +services in the same manner as a credit union organized under State law +or a Federal credit union under section 124 of the Federal Credit Union +Act (12 U.S.C. 1770) if space is available. + ``(2) Each covered insured depository institution, credit union +organized under State law, and Federal credit union operating on a +military installation within the continental United States shall be +treated equally with respect to policies of the Department of Defense +governing the financial terms of leases, logistical support, services, +and utilities. + ``(3) The Secretary concerned shall not be required to provide no- +cost office space or a no-cost land lease to any covered insured +depository institution, credit union organized under State law, or +Federal credit union. + ``(4) In this subsection: + ``(A) The term `covered insured depository institution' + means an insured depository institution that meets the + requirements applicable to a credit union organized under State + law or a Federal credit union under section 124 of the Federal + Credit Union Act (12 U.S.C. 1770). The depositors of an insured + depository institution shall be considered members for purposes + of the application of this subparagraph to that section. + ``(B) The term `Federal credit union' has the meaning given + the term in section 101 of the Federal Credit Union Act (12 + U.S.C. 1752). + ``(C) The term `insured depository institution' has the + meaning given the term in section 3 of the Federal Deposit + Insurance Act (12 U.S.C. 1813).''. + +SEC. 2822. EXPANSION OF TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF + CONTRIBUTIONS FOR CERTAIN CONSTRUCTION, MAINTENANCE, AND + REPAIR PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF + DEFENSE AND KUWAIT MILITARY FORCES. + + (a) Expansion.--Section 2804 of the Military Construction +Authorization Act for Fiscal Year 2016 (10 U.S.C. 2350j note) is +amended-- + (1) in subsection (a)-- + (A) by striking ``government of Kuwait'' and + inserting ``Government of Kuwait and the Government of + the Republic of Korea''; and + (B) by striking ``Kuwait military forces'' and + inserting ``the military forces of the applicable + contributing country''; + (2) in subsection (b), by inserting ``for contributions + from the contributing country'' after ``Secretary of Defense''; + (3) in subsection (c), by striking ``government of Kuwait'' + and inserting ``government of the contributing country''; and + (4) in subsection (e)-- + (A) in paragraph (1), by striking ``government of + Kuwait'' and inserting ``government of the contributing + country''; and + (B) in paragraph (2)-- + (i) in subparagraph (A), by striking + ``Kuwait military forces'' and inserting + ``military forces of the contributing + country''; and + (ii) in subparagraph (C), by striking + ``Kuwait military forces'' and inserting ``the + military forces of the contributing country''. + (b) Conforming Amendment.--The heading of such section is amended +to read as follows: + +``SEC. 2804. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF + CONTRIBUTIONS FOR CERTAIN CONSTRUCTION, MAINTENANCE, AND + REPAIR PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF + DEFENSE AND THE MILITARY FORCES OF KUWAIT AND THE + REPUBLIC OF KOREA.''. + +SEC. 2823. DESIGNATION OF SUMPTER SMITH JOINT NATIONAL GUARD BASE. + + (a) Designation.--The Sumpter Smith Air National Guard Base in +Birmingham, Alabama, shall after the date of the enactment of this Act +be known and designated as the ``Sumpter Smith Joint National Guard +Base''. + (b) Reference.--Any reference in any law, regulation, map, +document, paper, or other record of the United States to the +installation referred to in subsection (a) shall be considered to be a +reference to the Sumpter Smith Joint National Guard Base. + +SEC. 2824. PROHIBITION ON USE OF FUNDS TO PRIVATIZE TEMPORARY LODGING + ON INSTALLATIONS OF DEPARTMENT OF DEFENSE. + + No funds may be authorized to be appropriated to the Department of +Defense for fiscal year 2020 to privatize temporary lodging on +installations of the Department. + +SEC. 2825. PILOT PROGRAM TO EXTEND SERVICE LIFE OF ROADS AND RUNWAYS + UNDER THE JURISDICTION OF THE SECRETARIES OF THE MILITARY + DEPARTMENTS. + + (a) Pilot Program Authorized.--Each Secretary of a military +department may carry out a pilot program to design, build, and test +technologies and innovative pavement materials in order to extend the +service life of roads and runways under the jurisdiction of the +Secretary concerned. + (b) Scope.--A pilot program under subsection (a) shall include the +following: + (1) The design, testing, and assembly of technologies and + systems suitable for pavement applications. + (2) Research, development, and testing of new pavement + materials for use in different geographic areas in the United + States. + (3) The design and procurement of platforms and equipment + to test the performance, cost, feasibility, and effectiveness + of the technologies, systems, and materials described in + paragraphs (1) and (2). + (c) Award of Contracts or Grants.-- + (1) In general.--Each Secretary of a military department + may carry out a pilot program under subsection (a) through the + award of contracts or grants for the designing, building, or + testing of technologies or innovative pavement materials under + the pilot program. + (2) Merit-based selection.--Any award of a contract or + grant under a pilot program under subsection (a) shall be made + using merit-based selection procedures. + (d) Report.-- + (1) In general.--Not later than two years after the + commencement of a pilot program under subsection (a), the + Secretary of the military department concerned shall submit to + the congressional defense committees a report on the pilot + program. + (2) Contents.--Each report under paragraph (1) with respect + to a pilot program shall include the following: + (A) An assessment of the effectiveness of + activities under the pilot program in improving the + service life of roads and runways under the + jurisdiction of the Secretary concerned. + (B) An analysis of the potential lifetime cost + savings and reduction in energy demands associated with + the extended service life of such roads and runways. + (e) Termination of Authority.--Each pilot program under subsection +(a) shall terminate on September 30, 2024. + + TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION + +SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + The Secretary of the Army may acquire real property and carry out +the military construction projects for the installations outside the +United States, and in the amounts, set forth in the following table: + + Army: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Location Amount +---------------------------------------------------------------------------------------------------------------- +Cuba.......................................... Guantanamo Bay................................. $33,800,000 +Worldwide Unspecified......................... Unspecified Worldwide Locations................ $42,200,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + + The Secretary of the Navy may acquire real property and carry out +the military construction projects for the installations outside the +United States, and in the amounts, set forth in the following table: + + Navy: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Location Amount +---------------------------------------------------------------------------------------------------------------- +Spain......................................... Rota........................................... $69,570,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION + PROJECTS. + + The Secretary of the Air Force may acquire real property and carry +out the military construction projects for the installations outside +the United States, and in the amounts, set forth in the following +table: + + Air Force: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Location Amount +---------------------------------------------------------------------------------------------------------------- +Iceland....................................... Keflavik....................................... $57,000,000 +Spain......................................... Moron.......................................... $8,500,000 +Worldwide Unspecified......................... Unspecified Worldwide Locations................ $175,000,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND + ACQUISITION PROJECTS. + + The Secretary of Defense may acquire real property and carry out +the military construction projects for the installations outside the +United States, and in the amounts, set forth in the following table: + + Defense Agencies: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Location Amount +---------------------------------------------------------------------------------------------------------------- +Germany....................................... Gemersheim..................................... $46,000,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2905. DISASTER RECOVERY PROJECTS. + + (a) Navy.--The Secretary of the Navy may acquire real property and +carry out military construction projects inside the United States +relating to disaster recovery for the locations, and in the amounts, +set forth in the following table: + + Navy: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +North Carolina................................ Camp Lejeune................................... $861,587,000 + Marine Corps Air Station Cherry Point.......... $64,561,000 +Unspecified................................... Zulu........................................... $50,000,000 +---------------------------------------------------------------------------------------------------------------- + + (b) Air Force.--The Secretary of the Air Force may acquire real +property and carry out military construction projects inside the United +States relating to disaster recovery for the locations, and in the +amounts, set forth in the following table: + + Air Force: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Florida....................................... Tyndall Air Force Base......................... $1,278,700,000 +Unspecified................................... Zulu........................................... $247,000,000 +---------------------------------------------------------------------------------------------------------------- + + (c) Army National Guard.--The Secretary of the Army may acquire +real property and carry out military construction projects inside the +United States relating to disaster recovery for the locations, and in +the amounts, set forth in the following table: + + Army National Guard: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Florida....................................... Panama City.................................... $25,000,000 +North Carolina................................ MTA Fort Fisher................................ $25,000,000 +---------------------------------------------------------------------------------------------------------------- + + (d) Defense-wide.--The Secretary of Defense may acquire real +property and carry out military construction projects inside the United +States relating to disaster recovery for the locations, and in the +amounts, set forth in the following table: + + Defense-wide: Inside the United States +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +North Carolina................................ Camp Lejeune--Defense Health Agency............ $45,313,000 + Camp Lejeune--SOCOM............................ $30,000,000 +---------------------------------------------------------------------------------------------------------------- + +SEC. 2906. REPLENISHMENT OF CERTAIN MILITARY CONSTRUCTIONS FUNDS. + + (a) In General.--Of the amount authorized to be appropriated for +fiscal year 2020 by section 2905 and available as specified in the +funding table in section 4602, $3,600,000,000 shall be available for +replenishment of funds that were authorized to be appropriated by +military construction authorization Acts for fiscal years before fiscal +year 2020 for military construction projects authorized by such Acts, +but were used instead for military construction projects authorized by +section 2808 of title 10, United States Code, in connection with the +national emergency along the southern land border of the United States +declared in 2019 pursuant to the National Emergencies Act (50 U.S.C. +1601 et seq.). + (b) Replenishment by Transfer.-- + (1) In general.--Any amounts available under subsection (a) + that are used for replenishment of funds as described in that + subsection shall be transferred to the account that was the + source of such funds. + (2) Inapplicability toward transfer limitations.--Any + transfer of amounts under this subsection shall not count + toward any limitation on transfer of Department of Defense + funds in section 1001 or 1512 or any other limitation on + transfer of Department of funds in law. + (3) Sunset of authority.--The authority to make transfers + under this subsection shall terminate on September 30, 2020. + (c) Use of Funds.-- + (1) In general.--Amounts transferred under subsection (b) + for replenishment of funds as described in subsection (a) may + be used only for military construction projects for which such + funds were originally authorized in a military construction + authorization Act described in subsection (a). + (2) No increase in authorized amount of projects.--The + total amount of funds available for a military construction + project described in paragraph (1) may not exceed the current + amount authorized for such project by applicable military + construction authorization Acts (including this Act). A + replenishment of funds under this section for a military + construction project shall not operate to increase the + authorized amount of the project or the amount authorized to be + available for the project. + +SEC. 2907. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2019, for the military construction +projects outside the United States authorized by this title as +specified in the funding table in section 4602. + + TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM + +SEC. 3001. DEFINITIONS. + + (a) In General.--In this title: + (1) Landlord.--The term ``landlord'' has the meaning given + that term in section 2871 of title 10, United States Code, as + amended by subsection (b). + (2) Privatized military housing.--The term ``privatized + military housing'' means housing provided under subchapter IV + of chapter 169 of title 10, United States Code. + (b) Title 10.--Section 2871 of title 10, United States Code, is +amended-- + (1) by redesignating paragraphs (7) and (8) as paragraphs + (9) and (11), respectively; + (2) by inserting after paragraph (6) the following new + paragraphs: + ``(7) The term `incentive fees' means any amounts payable + to a landlord for meeting or exceeding performance metrics as + specified in a contract with the Department of Defense. + ``(8) The term `landlord' means an eligible entity or + lessor who owns, manages, or is otherwise responsible for a + housing unit under this subchapter.''; and + (3) by inserting after paragraph (9), as redesignated by + paragraph (1) of this subsection, the following new paragraph: + ``(10) The term `tenant' means a member of the armed + forces, including a reserve component thereof, or a family + member of a member of the armed forces who resides at a housing + unit under this subchapter.''. + + Subtitle A--Accountability and Oversight + +SEC. 3011. TENANT BILL OF RIGHTS FOR PRIVATIZED MILITARY HOUSING. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by adding at the end the following new section: +``Sec. 2887. Tenant Bill of Rights + ``(a) In General.--(1) The Secretary of Defense, in coordination +with the Secretary of each military department, shall develop a +document known as the `Tenant Bill of Rights' for tenants of housing +units under this subchapter. + ``(2) At a minimum, the document developed under paragraph (1) +shall contain the right of each tenant as follows: + ``(A) To reside in a home and community that meets health + and environmental standards established by the Secretary of + Defense. + ``(B) To reside in a home that has working fixtures, + appliances, and utilities and reside in a community with well- + maintained common areas and amenity spaces. + ``(C) To report inadequate housing standards or deficits in + habitability to the landlord, chain of command, and housing + management office without fear of reprisal. + ``(D) With respect to the housing management office of the + installation of the Department at which the housing unit is + located-- + ``(i) to use such office as an advocate relating to + such housing unit; and + ``(ii) to receive advice and support from such + office relating to such housing unit. + ``(E) To receive property management services provided by a + landlord that meet or exceed industry standards and that are + performed by professionally trained, responsive, and courteous + customer service and maintenance staff. + ``(F) To have multiple, convenient methods to communicate + directly with the landlord and maintenance staff, and to + receive honest, straightforward, and responsive communications + at all times. + ``(G) With respect to repairs-- + ``(i) to prompt and professional repairs; + ``(ii) to be informed of the required time frame + for those repairs when a maintenance request is + submitted; and + ``(iii) to prompt relocation into suitable lodging + or other housing at no cost to the tenant until the + repairs are completed or relocation to an alternative + residence on the installation or within the surrounding + local community at no cost to the tenant. + ``(H) To enter into a dispute resolution process under + section 2891 of this title concerning disputes over repairs, + damage claims, and rental payments to be resolved by a neutral + decision maker, with any decision in favor of the tenant to + include a reduction in rent owed to the landlord to be paid or + credited to the tenant. + ``(I) To withhold basic allowance for housing (including + for any dependents of the tenant in the tenant's household) + under section 403 of title 37, or any pay of the tenant subject + to allotment described in section 2882(c) of this title, if the + tenant is engaged in a dispute under subparagraph (H) until a + decision in the matter is made. + ``(J) To be fully briefed by the landlord on all rights and + responsibilities associated with tenancy prior to signing a + lease and receive a 30-day followup to review these + responsibilities. + ``(K) To have sufficient time and opportunity to prepare + and be present for move-in and move-out inspections, including + an opportunity to obtain necessary paperwork. + ``(L) To have reasonable, advance notice of any entrance by + a landlord into the housing unit, except in the case of an + emergency. + ``(M) To have clearly defined rental terms in the lease + agreement. + ``(N) To not pay non-refundable fees or have application of + rent credits arbitrarily held. + ``(O) To have universal procedures for housing under this + subchapter that are the same for all installations of the + Department. + ``(P) To file claims against a landlord. + ``(3) The document developed under paragraph (1) shall contain the +responsibilities of each tenant as follows: + ``(A) To report maintenance or quality of life issues to + the landlord in a timely manner. + ``(B) To maintain standard upkeep of the housing unit as + recommended by the housing management office. + ``(b) Distribution.--The Secretary shall ensure that the Tenant +Bill of Rights under this section is attached to each lease agreement +for housing under this subchapter. + ``(c) Report and Publication.--(1) Beginning in fiscal year 2021, +and biennially thereafter, the Secretary of Defense, in coordination +with the Secretary of each military department, shall submit to the +congressional defense committees, as part of the annual budget +submission of the President for that year under section 1105(a) of +title 31, United States Code, the Tenant Bill of Rights under this +section. + ``(2) Upon submitting the Tenant Bill of Rights to the +congressional defense committees under paragraph (1), the Secretary of +Defense shall publish the Tenant Bill of Rights on a publicly available +Internet website of the Department of Defense.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2886 the following new item: + +``2887. Tenant Bill of Rights.''. + (c) Military Department Plans.--Not later than February 1, 2020, +the Secretary of each military department shall submit to the +congressional defense committees a plan for the implementation by that +military department of section 2887 of title 10, United States Code, as +added by subsection (a). + +SEC. 3012. DESIGNATION OF CHIEF HOUSING OFFICER FOR PRIVATIZED MILITARY + HOUSING. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by inserting after section 2872a the following +new section: +``Sec. 2872b. Chief Housing Officer + ``(a) In General.--(1) The Secretary of Defense shall designate, +from among officials of the Department of Defense who are appointed by +the President with the advice and consent of the Senate, a Chief +Housing Officer who shall oversee housing provided under this +subchapter. + ``(2) The official designated under paragraph (1) may have duties +in addition to the duties of the Chief Housing Officer under this +section. + ``(b) Duties.--The Chief Housing Officer shall oversee all aspects +of the provision of housing under this subchapter, including by +carrying out the following: + ``(1) Creation and standardization of policies and + processes. + ``(2) Oversight of the administration of lease agreements + by the Secretary of each military department. + ``(3) Audits of the provision of housing under this + subchapter, including audits of lease agreements and other + contracts, maintenance work orders, and incentive fee payments + and general audits in the conduct of oversight. + ``(c) Office and Staff.--(1) The Chief Housing Officer shall +establish and maintain an office staffed by military personnel and +employees of the Department of Defense whose skills and capabilities +will assist the Chief Housing Officer in the exercise of the duties of +the Chief Housing Officer under subsection (b). Such office shall be +known as the `Office of the Chief Housing Officer'. + ``(2) Personnel and employees staffed under paragraph (1) shall +include legal counsel, engineers, and auditors.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2872a the following new item: + +``2872b. Chief Housing Officer.''. + (c) Report.--Not later than 60 days after the date of the enactment +of this Act, the Secretary of Defense shall submit to the congressional +defense committees a report on-- + (1) the designation of a Chief Housing Officer under + section 2872b of title 10, United States Code, as added by + subsection (a); and + (2) the organizational structure, funding, human resources, + and other relevant requirements of the Office of the Chief + Housing Officer under such section. + +SEC. 3013. COMMAND OVERSIGHT OF MILITARY PRIVATIZED HOUSING AS ELEMENT + OF PERFORMANCE EVALUATIONS. + + (a) Evaluations in General.--Each Secretary of a military +department shall ensure that the performance evaluations of any +individual described in subsection (b) under the jurisdiction of such +Secretary indicates the extent to which such individual has or has not +exercised effective oversight and leadership in the following: + (1) Improving conditions of privatized housing under the + military privatized housing initiative under subchapter IV of + chapter 169, United States Code. + (2) Addressing concerns with respect to such housing of + members of the Armed Forces and their families who reside in + such housing on an installation of the military department + concerned. + (b) Covered Individuals.--The individuals described in this +subsection are as follows: + (1) The commander of an installation of a military + department at which on-installation housing is managed by a + landlord under the military privatized housing initiative + referred to in subsection (a)(1). + (2) Each officer or senior enlisted member of the Armed + Forces at an installation described in paragraph (1) whose + duties include facilities or housing management at such + installation. + (3) Any other officer or enlisted member of the Armed + Forces (whether or not at an installation described in + paragraph (1)) as specified by the Secretary of the military + department concerned for purposes of this section. + +SEC. 3014. CONSIDERATION OF HISTORY OF LANDLORD IN CONTRACT RENEWAL + PROCESS FOR PRIVATIZED MILITARY HOUSING. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by inserting after section 2874 the following +new section: +``Sec. 2874a. Consideration of history of landlord in contract renewal + process + ``(a) In General.--In deciding whether to enter into or renew a +contract with a landlord under this subchapter, the Secretary of +Defense shall develop a standard process for determining past +performance for purposes of informing future decisions regarding the +award of such a contract. + ``(b) Elements of Process.--The process developed under subsection +(a) shall include, at a minimum, consideration of the following: + ``(1) Any history of the landlord of providing substandard + housing. + ``(2) The recommendation of the commander of the + installation at which the housing is to be located under the + contract. + ``(3) The recommendation of the commander of any + installation at which the landlord has provided housing under + this subchapter.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2874 the following new item: + +``2874a. Consideration of history of landlord in contract renewal + process.''. + +SEC. 3015. TREATMENT OF BREACH OF CONTRACT FOR PRIVATIZED MILITARY + HOUSING. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by inserting after section 2874a the following +new section: +``Sec. 2874b. Treatment of breach of contract + ``Notwithstanding any other provision of law, the Secretary of +Defense-- + ``(1) shall withhold amounts to be paid under a contract + under this subchapter if the other party to the contract is + found to have engaged in a material breach of the contract; + ``(2) shall rescind a contract under this subchapter if the + other party to the contract, based on credible evidence, fails + to cure such breach within 90 days; and + ``(3) shall not permit the other party to a contract + rescinded under paragraph (2) to enter into new contracts with + the Secretary under this subchapter or undertake expansions + under existing contracts with the Secretary under this + subchapter.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2874a the following new item: + +``2874b. Treatment of breach of contract.''. + +SEC. 3016. UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED MILITARY + HOUSING AND PLAN TO CONDUCT INSPECTIONS AND ASSESSMENTS. + + (a) Uniform Code.--The Secretary of Defense shall establish a +uniform code of basic housing standards for safety, comfort, and +habitability for privatized military housing. + (b) Plan.-- + (1) In general.--Not later than February 1, 2020, the + Secretary of Defense shall submit to the congressional defense + committees a plan of the Department of Defense to contract with + home inspectors described in subsection (c) to conduct a + thorough inspection and assessment of the structural integrity + and habitability of each privatized military housing unit. + (2) Inclusion of uniform code.--The plan submitted under + paragraph (1) shall include the uniform code established under + subsection (a). + (3) Implementation.-- + (A) In general.--Not later than February 1, 2021, + the Secretary of each military department shall conduct + inspections and assessments of privatized military + housing units under the jurisdiction of the Secretary + concerned pursuant to the plan submitted under + paragraph (1) to identify issues and ensure compliance + with applicable housing codes, including the uniform + code established under subsection (a). + (B) Report.--Not later than March 1, 2021, the + Secretary of Defense shall submit to the congressional + defense committees a report on the findings of the + inspections and assessments conducted under + subparagraph (A). + (c) Home Inspectors Described.--A home inspector described in this +subsection is a home inspector that is not affiliated with-- + (1) the Federal Government; or + (2) an individual or entity who owns or manages a + privatized military housing unit. + +SEC. 3017. REPEAL OF SUPPLEMENTAL PAYMENTS TO LESSORS AND REQUIREMENT + FOR USE OF FUNDS IN CONNECTION WITH THE MILITARY HOUSING + PRIVATIZATION INITIATIVE. + + (a) Repeal.-- + (1) In general.--Section 606 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232; 132 Stat. 1795; 10 U.S.C. 2871 note) is amended by + striking subsection (a). + (2) Effective date.--The amendment made by paragraph (1) + shall take effect on the date of the enactment of this Act, and + shall apply with respect to months beginning on or after that + date. + (b) Use of Funds in Connection With MHPI.-- + (1) In general.--Each month beginning with the first month + after the date of the enactment of this Act, each Secretary of + a military department shall do the following: + (A) Payments to lessors.--Use funds, in an amount + calculated pursuant to paragraph (2)(A), for payments + to lessors of covered housing in the manner provided by + subsection (a) of section 606 of the John S. McCain + National Defense Authorization Act for Fiscal Year + 2019, as in effect on the day before the date of the + enactment of this Act. + (B) Improvement of oversight and management of + agreements.--Use funds, in an amount calculated + pursuant to paragraph (2)(B), for improvements of the + oversight and management of agreements for MHPI housing + under the jurisdiction of such Secretary. + (2) Monthly amounts.-- + (A) For payments to lessors.--The amount calculated + for a military department for a month pursuant to this + subparagraph is 2 percent of the aggregate of the + amounts calculated under section 403(b)(3)(A)(i) of + title 37, United States Code, for covered housing under + the jurisdiction of such department for such month. + (B) For improvement of oversight and management of + agreements.--The amount calculated for a military + department for a month pursuant to this subparagraph is + 3 percent of the aggregate of the amounts calculated + under section 403(b)(3)(A)(i) of title 37, United + States Code, for covered housing under the jurisdiction + of such department for such month. + (3) Improvements.--Improvements under paragraph (1)(B) to + the oversight and management of agreements described in that + paragraph may include the following: + (A) Assignment of additional civilian personnel to + perform oversight and management functions with respect + to such agreements. + (B) Investment in technological mechanisms to + assist the military department concerned in overseeing + the maintenance and upkeep of MHPI housing. + (C) Such additional investment in the oversight and + management of such agreements, and in overseeing the + maintenance and upkeep of MHPI housing, as the + Secretary of the military department concerned + considers appropriate. + (4) Additional payments to lessors.--In any month described + in paragraph (1), the Secretary of a military department may + use amounts, in addition to amounts calculated pursuant to + paragraph (2)(A), for payments to lessors as described in + paragraph (1)(A) if such Secretary provides advance notice of + such payments to the Committees on Armed Services of the Senate + and the House of Representatives. + (5) Definitions.--In this subsection, the terms ``covered + housing'' and ``MHPI housing'' have the meanings given such + terms in section 606(d) of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019. + +SEC. 3018. STANDARD FOR COMMON CREDENTIALS FOR HEALTH AND ENVIRONMENTAL + INSPECTORS OF PRIVATIZED MILITARY HOUSING. + + (a) In General.--Not later than February 1, 2020, the Secretary of +Defense shall submit to the congressional defense committees a report +that contains a standard for common credentials to be used throughout +the Department of Defense for all inspectors of health and +environmental hazards at privatized military housing units, including +inspectors contracted by the Department. + (b) Inclusion of Categories for Specific Environmental Hazards.-- +The standard submitted under subsection (a) shall include categories +for specific environmental hazards such as lead, mold, and radon. + +SEC. 3019. IMPROVEMENT OF PRIVATIZED MILITARY HOUSING. + + (a) Complaint Database and Financial Transparency.-- + (1) In general.--Subchapter IV of chapter 169 of title 10, + United States Code, is amended by adding at the end the + following new sections: +``Sec. 2888. Complaint database + ``(a) Database Required.--The Secretary of Defense shall establish +a database that is available to the public of complaints relating to +housing units under this subchapter. + ``(b) Filing of Complaints.--The Secretary shall ensure that a +tenant of a housing unit under this subchapter may file a complaint +relating to such housing unit for inclusion in the database under +subsection (a). + ``(c) Response by Landlord.--(1) The Secretary shall include in any +contract with a landlord responsible for a housing unit under this +subchapter a requirement that the landlord respond to any complaints +included in the database under subsection (a) that relate to the +housing unit. + ``(2) Any response under paragraph (1) shall be included in the +database under subsection (a). +``Sec. 2889. Financial transparency + ``(a) Publication of Details of Contracts.--(1) Not less frequently +than annually, the Secretary Defense shall publish in the Federal +Register the financial details of each contract for the management of +housing units under this subchapter. + ``(2) The financial details published under paragraph (1) shall +include the following: + ``(A) Base management fees for managing the housing units. + ``(B) Incentive fees relating to the housing units, + including details on the following: + ``(i) Metrics upon which such incentive fees are + paid. + ``(ii) Whether incentive fees were paid in full or + withheld in part or in full during the year covered by + the publication, and if so, why. + ``(C) Asset management fees relating to the housing units. + ``(D) Preferred return fees relating to the housing units. + ``(E) Any deferred fees or other fees relating to the + housing units. + ``(F) Residual cash flow distributions relating to the + housing units. + ``(b) Annual Financial Statements.--(1) The Secretary of Defense +shall require that each landlord submit to the Secretary, not less +frequently than annually, financial statements equivalent to a 10-K (or +successor form) for-- + ``(A) the landlord; and + ``(B) each contract entered into between the landlord and + the Department of Defense under this subchapter.''. + (2) Clerical amendment.--The table of sections at the + beginning of such subchapter is amended by inserting after the + item relating to section 2887 the following new items: + +``2888. Complaint database. +``2889. Financial transparency.''. + (b) Annual Reports on Privatized Military Housing and Denied +Requests to Withhold Payments.--Section 2884 of title 10, United States +Code, is amended by adding at the end the following new subsections: + ``(d) Annual Report on Housing.--(1) Not less frequently than +annually, the Secretary of Defense shall submit to the congressional +defense committees and publish on a publicly available website of the +Department of Defense a report on housing units under this subchapter, +disaggregated by military installation. + ``(2) Each report submitted under paragraph (1) shall include the +following: + ``(A) An assessment of the condition of housing units under + this subchapter based on the average age of those units and the + estimated time until recapitalization. + ``(B) An analysis of complaints of tenants of such housing + units. + ``(C) An assessment of maintenance response times and + completion of maintenance requests relating to such housing + units. + ``(D) An assessment of dispute resolution relating to such + housing units. + ``(E) An assessment of overall customer service for tenants + of such housing units. + ``(F) A description of the results of any no-notice housing + inspections conducted for such housing units. + ``(G) The results of any resident surveys conducted with + respect to such housing units. + ``(e) Report on Denied Requests to Withhold Payments.--Not less +frequently than annually, the commander of each military installation +shall submit to the congressional defense committees a report on all +requests that were made by members of the armed forces who are tenants +of housing units under this subchapter to withhold from the landlord of +such unit any basic allowance for housing payable to the member +(including for any dependents of the member in the member's household) +under section 403 of title 37, or any other allotment of pay under +section 2882(c) of this title, and that were denied during the year +covered by the report.''. + +SEC. 3020. ACCESS TO MAINTENANCE WORK ORDER SYSTEM OF LANDLORDS OF + PRIVATIZED MILITARY HOUSING. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by adding at the end the following new section: +``Sec. 2890. Access to maintenance work order system + ``The Secretary of Defense shall require each landlord that +provides housing under this subchapter at an installation of the +Department of Defense to provide access to the maintenance work order +system of such landlord with respect to such housing to the following: + ``(1) Personnel of the housing management office at such + installation. + ``(2) Personnel of the installation and engineer command or + center of the military department concerned. + ``(3) Such other personnel of the Department of Defense as + the Secretary determines necessary.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2889 the following new item: + +``2890. Access to maintenance work order system.''. + +SEC. 3021. ACCESS BY TENANTS OF PRIVATIZED MILITARY HOUSING TO WORK + ORDER SYSTEM OF LANDLORD. + + The Secretary of Defense shall require that each landlord for a +privatized military housing unit-- + (1) have an electronic work order system for all work + orders for maintenance requests relating to such unit; and + (2) provide to a tenant of such unit access to such system + to, at a minimum, track the status and progress of work orders + for maintenance requests relating to such unit. + + Subtitle B--Prioritizing Families + +SEC. 3031. DISPUTE RESOLUTION PROCESS FOR LANDLORD-TENANT DISPUTES + REGARDING PRIVATIZED MILITARY HOUSING AND REQUESTS TO + WITHHOLD PAYMENTS. + + (a) Dispute Resolution and Request to Withhold Payment.-- + (1) In general.--Subchapter IV of chapter 169 of title 10, + United States Code, is amended by adding at the end the + following new sections: +``Sec. 2891. Landlord-tenant dispute resolution process + ``(a) In General.--The Secretary of Defense shall implement a +standardized formal dispute resolution process on each military +installation with housing units under this subchapter to ensure the +prompt and fair resolution of landlord-tenant disputes concerning +maintenance and repairs, damage claims, rental payments, move-out +charges, and such other issues relating to such housing units as the +Secretary determines appropriate. + ``(b) Dispute Submittal.--(1) Each landlord shall establish a +process through which a tenant of a housing unit under this subchapter +may submit a dispute directly to the landlord through an online or +other form. + ``(2) Not later than 24 hours after receiving a dispute submittal +from a tenant under paragraph (1), the landlord shall-- + ``(A) notify the tenant that the submittal has been + received; and + ``(B) transmit a copy of such submittal to the housing + management office of the installation in which the housing unit + is located. + ``(3)(A) Not later than seven days after receiving a dispute +submittal from a tenant under paragraph (1), the landlord shall-- + ``(i) submit to the tenant a decision regarding the + dispute; and + ``(ii) transmit a copy of such decision to the housing + management office. + ``(B)(i) For purposes of conducting an assessment necessary to make +a decision under subparagraph (A) with respect to a housing unit, the +landlord may access the housing unit at a time and for a duration +mutually agreed upon by the landlord and the tenant. + ``(ii) The tenant may request that an employee of the housing +management office be present when the landlord accesses the housing +unit of the tenant under clause (i). + ``(c) Appeals.--(1) Not later than 30 days after a tenant receives +a decision by a landlord under subsection (b)(3), the tenant may appeal +that decision for review under subsection (d) by the commander of the +military installation at which the housing unit is located. + ``(2) Any appeal submitted under paragraph (1) shall be submitted-- + ``(A) on a standardized form; and + ``(B) to an address designated by the commander for such + purpose. + ``(3) The Secretary shall ensure that, in preparing an appeal to +the commander under this subsection, a tenant shall have access to +advice and assistance from a military housing advocate employed by the +military department concerned or a military legal assistance attorney +under section 1044 of this title. + ``(d) Review Process.--(1) The commander of each military +installation with housing units under this subchapter shall establish a +military privatized housing dispute resolution appeals process-- + ``(A) to review and decide appeals by tenants under + subsection (c) relating to such housing units; and + ``(B) to review and decide requests to withhold payments + under section 2891a of this title + ``(2)(A) Before making any decision with respect to an appeal or a +request under the process established under paragraph (1) with respect +to a housing unit, the commander shall certify that the commander has +solicited recommendations or information relating to such appeal or +request from the following: + ``(i) The chief of the housing management office of the + installation. + ``(ii) A representative of the landlord for the housing + unit. + ``(iii) The tenant filing the appeal or request. + ``(iv) A qualified judge advocate of the military + department concerned. + ``(v) The civil engineer for the installation. + ``(3)(A) The commander shall make a decision with respect to an +appeal or a request under the process established under paragraph (1) +not later than 30 days after the appeal or request has been made. + ``(B) A commander may take longer than the 30-day period set forth +under subparagraph (A) to make a decision described in such +subparagraph in limited circumstances as determined by the Secretary of +Defense, but in no case shall such a decision be made more than 60 days +after the appeal or request has been made. + ``(4) Decisions by a commander under this subsection shall be +final. + ``(e) Rule of Construction on Use of Other Adjudicative Bodies.-- +Nothing in this section or any other provision of law shall be +construed to prohibit a tenant of a housing unit under this subchapter +from pursuing a claim against a landlord in any adjudicative body with +jurisdiction over the housing unit or the claim. +``Sec. 2891a. Request to withhold payments + ``(a) In General.--A member of the armed forces or family member of +a member of the armed forces who is a tenant of a housing unit under +this subchapter may submit to the commander of the installation of the +Department of Defense at which the member is stationed a request to +withhold all or part of any basic allowance for housing payable to the +member (including for any dependents of the member in the member's +household) under section 403 of title 37, or all or part of any pay of +a tenant subject to allotment as described in section 2882(c) of this +title, for lease of the unit during the period in which-- + ``(1) the landlord responsible for such housing unit has + not met maintenance guidelines and procedures established by + the landlord or the Department of Defense, either through + contract or otherwise; or + ``(2) such housing unit is uninhabitable according to State + and local law for the jurisdiction in which the housing unit is + located. + ``(b) Procedures.--(1) Upon the filing of a request by a tenant +under subsection (a)-- + ``(A) under such procedures as the Secretary of Defense + shall establish, the Defense Finance and Accounting Service + (DFAS) or such other appropriate office or offices of the + Department of Defense as the Secretary shall specify for + purposes of such procedures, shall tentatively grant the + request and hold any amounts withheld in escrow with notice to + the landlord; and + ``(B) the housing management office of the installation in + which the housing unit is located shall, not later than 15 days + after the date on which the request was submitted to the + commander of the installation, complete an investigation that + includes an inspection conducted by housing inspectors that are + certified at the State and local level. + ``(2) If the commander agrees with a request by a tenant under +subsection (a) with respect to a housing unit, the housing management +office shall notify the landlord responsible for such unit of the +issues described in subsection (a) that require remediation in +accordance with the requirements of the Department of Defense or State +or local law. + ``(c) Remediation.--In accordance with procedures established under +subsection (b)(1)(A) for the withholding of any basic allowance for +housing or other allotment pay under this section, if the landlord +responsible for the housing unit does not remediate the issues +described in subsection (a) within a reasonable period of time +established by the commander of the installation for the remediation of +the issues, the amount payable to the landlord for such unit shall be +reduced by 10 percent for each period of five days during which the +issues are not remediated. + ``(d) Disclosure of Rights.--(1) Each housing management office of +an installation of the Department of Defense shall disclose in writing +to each new tenant of a housing unit under this subchapter, upon the +signing of the lease for the housing unit, their rights with respect to +the housing unit and the procedures under this section for submitting a +request to the landlord responsible for the housing unit. + ``(2) The Secretary of Defense shall ensure that each lease entered +into with a tenant for a housing unit under this subchapter clearly +expresses in a separate addendum the procedures under this section for +submitting a request to the landlord responsible for the housing +unit.''. + (2) Clerical amendment.--The table of sections at the + beginning of such subchapter is amended by adding at the end + the following new items: + +``2891. Landlord-tenant dispute resolution process. +``2891a. Request to withhold payments.''. + (b) Modification of Definition of Military Legal Assistance.-- +Section 1044(d)(3)(B) of such title is amended by striking ``and +1565b(a)(1)(A)'' and inserting ``1565b(a)(1)(A), and 2891(c)(3)''. + (c) Timing of Establishment.--Not later than 180 days after the +date of the enactment of this Act, the Secretary of Defense shall +establish the dispute resolution process required under section 2891 of +title 10, United States Code, as added by subsection (a). + (d) Agreement by Landlords.-- + (1) In general.--Not later than February 1, 2020, the + Secretary of Defense shall seek agreement from all landlords to + participate in the dispute resolution process required under + section 2891 of such title. + (2) Submittal of list to congress.--Not later than March 1, + 2020, the Secretary shall submit to the congressional defense + committees a list of all landlords who did not agree under + paragraph (1) to participate in the dispute resolution process + under section 2891 of such title. + (3) Consideration of lack of agreement in future + contracts.--The Secretary shall include any lack of agreement + under paragraph (1) as past performance considered under + section 2888 of such title with respect to entering into or + renewing any future contracts. + +SEC. 3032. SUSPENSION OF RESIDENT ENERGY CONSERVATION PROGRAM. + + (a) In General.--The Secretary of Defense shall suspend the +initiative of the Department of Defense known as the ``Resident Energy +Conservation Program'' and instruct the Secretary of each military +department to suspend any program carried out by such Secretary that +measures the energy usage for each military housing unit on an +installation of the Department of Defense. + (b) Term of Suspension.--The suspension under subsection (a) shall +remain in effect until the Secretary of Defense certifies to the +congressional defense committees that-- + (1) 100 percent of military housing on an installation of + the Department of Defense is individually metered; and + (2) energy audits conducted by an independent entity, or + entities, confirm that such housing is individually metered. + (c) Termination.--If the Secretary of Defense is unable to make the +certification under subsection (b), each program described in +subsection (a) shall be terminated on the date that is two years after +the date of the enactment this Act. + +SEC. 3033. ACCESS BY TENANTS TO HISTORICAL MAINTENANCE INFORMATION FOR + PRIVATIZED MILITARY HOUSING. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by adding at the end the following new section: +``Sec. 2892. Access by tenants to historical maintenance information + ``The Secretary shall require each landlord that provides housing +under this subchapter at an installation of the Department of Defense +to provide a prospective tenant of such housing, before the tenant +moves in, all information regarding maintenance conducted with respect +to that housing unit for the previous 10 years.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2891 the following new item: + +``2892. Access by tenants to historical maintenance information.''. + +SEC. 3034. PROHIBITION ON USE OF CALL CENTERS OUTSIDE THE UNITED STATES + FOR MAINTENANCE CALLS BY TENANTS OF PRIVATIZED MILITARY + HOUSING. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by inserting after section 2886 the following +new section: +``Sec. 2886a. Prohibiting use of call centers outside the United States + for tenant maintenance calls + ``A landlord responsible for a housing unit under this subchapter +may not use a call center outside the United States for any call from a +tenant relating to maintenance with respect to the housing unit.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2886 the following new item: + +``2886a. Prohibiting use of call centers outside the United States for + tenant maintenance calls.''. + (c) Effective Date.--The amendments made by this section shall take +effect on the date that is one year after the date of the enactment of +this Act. + +SEC. 3035. RADON TESTING FOR PRIVATIZED MILITARY HOUSING. + + (a) Report.--Not later than March 1, 2020, the Secretary of Defense +shall submit to the congressional defense committees a report +identifying the installations of the Department of Defense that have +privatized military housing that should be monitored for radon. + (b) Initial Testing.-- + (1) Procedures.--The Secretary shall establish testing + procedures for all privatized military housing at installations + identified under subsection (a), whether through regular + testing of such housing or the installation of monitoring + equipment, to ensure radon levels are below recommended levels + established by the Environmental Protection Agency. + (2) Completion of testing.--Not later than June 1, 2020, + the Secretary shall complete testing described in paragraph (1) + for all privatized military housing identified under subsection + (a). + (c) Notification Regarding Mitigation Device.--In the event that a +privatized military housing unit is determined under testing under +subsection (b)(2) to need a radon mitigation device, the Secretary +shall notify the landlord of such unit not later than seven days after +such determination. + (d) Annual Testing.--Not less frequently than annually, the +Secretary of each military department shall certify to the +congressional defense committees that radon testing is being conducted +for privatized military housing at installations identified under +subsection (a) under the jurisdiction of the Secretary concerned, +whether through regular testing of such housing or the installation of +monitoring equipment. + +SEC. 3036. EXPANSION OF WINDOWS COVERED BY REQUIREMENT TO USE WINDOW + FALL PREVENTION DEVICES IN PRIVATIZED MILITARY HOUSING. + + Section 2879(c) of title 10, United States Code, is amended by +striking ``24 inches'' and inserting ``42 inches''. + +SEC. 3037. REQUIREMENTS RELATING TO MOVE OUT AND MAINTENANCE WITH + RESPECT TO PRIVATIZED MILITARY HOUSING. + + Not later than 30 days after the date of the enactment of this Act, +the Secretary of Defense, in consultation with the Secretary of each +military department, shall-- + (1) develop a uniform move-out checklist for tenants of + privatized military housing throughout the Department of + Defense to assist the oversight of such housing by the housing + management office of the installation at which such housing is + located; + (2) develop a uniform checklist throughout the Department + for the validation by the housing management office of the + completion of all maintenance work related to health and safety + issues at privatized military housing; and + (3) require that all maintenance issues and work orders + related to health and safety issues at privatized military + housing be reported to the commander of the installation at + which the housing is located. + + Subtitle C--Long-Term Quality Assurance + +SEC. 3041. DEVELOPMENT OF STANDARDIZED DOCUMENTATION, TEMPLATES, AND + FORMS FOR PRIVATIZED MILITARY HOUSING. + + (a) In General.--The Secretary of Defense, in coordination with the +Secretary of each military department, shall develop throughout the +Department of Defense standardized documentation, templates, and forms +for privatized military housing. + (b) Initial Guidance.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of Defense shall issue guidance to +develop the following: + (1) Policies and standard operating procedures of the + Department for privatized military housing. + (2) A universal lease agreement for privatized military + housing that includes-- + (A) the Tenant Bill of Rights under section 2887 of + title 10, United States Code; and + (B) any addendum required by the law of the State + in which the housing unit is located. + (3) A standardized operating agreement for landlords. + (c) Military Department Plans.--Not later than February 1, 2020, +the Secretary of each military department shall submit to the +congressional defense committees a plan for the implementation of this +section by that military department. + +SEC. 3042. COUNCIL ON PRIVATIZED MILITARY HOUSING. + + (a) In General.--The Assistant Secretary concerned shall establish +a council (in this section referred to as the ``Council'') to identify +and resolve problems with privatized military housing at installations +of the Department of Defense under the jurisdiction of the Assistant +Secretary concerned. + (b) Members.-- + (1) In general.--Each Council shall be comprised of the + Assistant Secretary concerned and the following members + selected by the Assistant Secretary concerned: + (A) Not fewer than two civil engineers employed at + an installation under the jurisdiction of the Assistant + Secretary concerned. + (B) Not fewer than two chiefs of a housing + management office at such an installation. + (C) Not fewer than two commanders of such an + installation. + (2) Limitation.--In each Council, not more than two members + may be from the same installation. + (3) Terms.-- + (A) Two years.--The term for a member of the + Council, other than the Assistant Secretary concerned, + shall be two years. + (B) Limitation on terms.--A member of the Council, + other than the Assistant Secretary concerned, may serve + not more than two terms. + (c) Duties.--Each Council shall review, at a minimum, the +following: + (1) Systemic concerns from tenants relating to privatized + military housing under the jurisdiction of the Assistant + Secretary concerned. + (2) Best practices for housing management offices at + installations under the jurisdiction of the Assistant Secretary + concerned. + (3) Best practices for handling installation-wide + maintenance issues. + (d) Meetings.--Each Council shall meet not less frequently than +quarterly. + (e) Report.--Not later than 60 days after the first meeting of the +Council, and not later than October 1 of each year thereafter, the +Council shall submit to the Secretary of Defense a report on the +findings of the Council during the period covered by the report. + (f) Assistant Secretary Concerned.--The term ``Assistant Secretary +concerned'' means-- + (1) with respect to the Army, the Assistant Secretary of + the Army for Energy, Installations, and Environment; + (2) with respect to the Navy, the Marine Corps, and the + Coast Guard when it is operating as a service in the Department + of the Navy, the Assistant Secretary of the Navy for Energy, + Installations, and Environment; and + (3) with respect to the Air Force, the Assistant Secretary + of the Air Force for Energy, Installations, and Environment. + +SEC. 3043. REQUIREMENTS RELATING TO MANAGEMENT OF PRIVATIZED MILITARY + HOUSING. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by inserting after section 2872b following new +section: +``Sec. 2872c. Requirements relating to management of housing + ``(a) In General.--The Secretary of Defense shall ensure that the +operating agreement for each installation of the Department of Defense +at which on-base housing is managed by a landlord under this subchapter +includes the requirements set forth in this section relating to such +housing. + ``(b) Requirements for Installation Commanders.--The commander of +each installation described in subsection (a) shall do the following: + ``(1) On an annual basis, review and approve the mold + mitigation plan and pest control plan of each landlord at such + installation. + ``(2) Use the assigned bio-environmental personnel or + contractor equivalent at such installation to test for mold, + unsafe water conditions, and other health and safety conditions + if requested by the head of the housing management office of + such installation. + ``(c) Requirements for Housing Management Office.--The head of the +housing management office of each installation described in subsection +(a) shall, with respect to housing units under this subchapter, do the +following: + ``(1) Conduct physical inspections and approve the + habitability of each vacant housing unit before the landlord + offers the unit available for occupancy. + ``(2) Conduct physical inspections upon tenant move out and + receive copies of any move out charges that a landlord seeks to + collect from an outgoing tenant. + ``(3) Establish contact with a tenant regarding the + satisfaction of the tenant with the housing unit not later + than-- + ``(A) 15 days after move-in; and + ``(B) 60 days after move-in. + ``(4) Maintain all test results relating to the health, + environmental, and safety condition of a housing unit and the + results of any official housing inspection for the life of the + contract relating to that housing unit. + ``(d) Requirements for Landlords.--The landlord of any housing unit +under this subchapter at an installation described in subsection (a) +shall do the following: + ``(1) Disclose to the Secretary of Defense bonus structures + for community managers and regional executives and bonus + structures relating to maintenance to minimize the impact of + those incentives on the operating budget of the installation. + ``(2) With respect to test results relating to the health + and safety condition of the housing unit-- + ``(A) not later than three days after receiving + those results, share those results with the tenant of + such unit and submit those results to the head of the + housing management office for the installation; and + ``(B) include with any environmental hazard test + results a simple guide explaining those results, + preferably citing standards set forth by the Federal + Government relating to environmental hazards. + ``(3) Conduct a walkthrough inspection before a prospective + tenant signs a lease-- + ``(A) with the prospective tenant; or + ``(B) if the prospective tenant is not able to be + present for the inspection, with an official of the + housing management office designated by the prospective + tenant to conduct the inspection on their behalf. + ``(4) In the event that the housing unit does not meet + minimum health, safety, and welfare standards set forth in + Federal, State, and local law after inspection under subsection + (c)(1), the landlord shall remediate any issues and make any + appropriate repairs prior to another inspection by the housing + management office under such subsection. + ``(5) Not conduct any promotional events to incentivize + tenants to fill out maintenance comment cards or satisfaction + surveys of any kind without the approval of the chief of the + housing management office. + ``(6) Not award an installation of the Department or an + officer or employee of the Department a `Partner of the Year' + award or similar award. + ``(7) Not have a tenant agree to any form of settlement, + nondisclosure, or release of liability without-- + ``(A) first notifying the tenant of their right to + assistance from the legal assistance office at the + installation; and + ``(B) not later than five days before agreeing to + any such settlement, nondisclosure, or release of + liability, providing a copy of such agreement to the + Assistant Secretary of Defense for Sustainment; + ``(8) Not change the position of a prospective tenant on a + waiting list for a housing unit or remove a prospective tenant + from the waiting list if the prospective tenant turns down an + offer for a housing unit determined unsatisfactory by the + prospective tenant and confirmed by the housing management + office and the commander of the installation. + ``(9) Allow, with permission of the tenant as appropriate, + employees of the housing management office and other officers + and employees of the Department to conduct physical inspections + of common grounds and individual quarters of the housing unit. + ``(10) Agree to a mechanism under which all or part of + basic allowance for housing payable to the tenant (including + for any dependents of the tenant in the tenant's household) + under section 403 of title 37, or all or part of any other + allotment of pay under section 2882(c) of this title can be + held in escrow until-- + ``(A) any dispute between the tenant and the + landlord is resolved; and + ``(B) the commander of the installation has + reviewed and decided such dispute. + ``(11) Ensure that the needs of enrollees in the + Exceptional Family Member Program, or any successor program, + are considered in assigning prospective tenants to housing + units. + ``(12) Keep any maintenance work order system up to date + with the latest software, functionality, and features. + ``(13) Have any agreements or forms to be used by the + landlord approved by the Assistant Secretary of Defense for + Sustainment, including the following: + ``(A) A common lease agreement. + ``(B) Any disclosure or nondisclosure forms that + could be given to a tenant. + ``(C) Any notices required to be provided to the + tenant under the Tenant Bill of Rights under section + 2887 of this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2872b the following new item: + +``2872c. Requirements relating to management of housing.''. + (c) Military Department Plans.--Not later than February 1, 2020, +the Secretary of each military department shall submit to the +congressional defense committees a plan for the implementation by that +military department of section 2872c of title 10, United States Code, +as added by subsection (a). + +SEC. 3044. REQUIREMENTS RELATING TO CONTRACTS FOR PRIVATIZED MILITARY + HOUSING. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by inserting after section 2872c the following +new section: +``Sec. 2872d. Requirements relating to contracts for provision of + housing + ``(a) In General.--The Secretary of each military department shall +include in any contract for a term of more than 10 years with a +landlord for the provision of housing under this subchapter at an +installation under the jurisdiction of the Secretary concerned the +following: + ``(1) The Secretary concerned may renegotiate the contract + with the landlord not less frequently than once every five + years. + ``(2) The landlord shall prohibit any employee of the + landlord who commits work order fraud under the contract, as + determined by the Secretary concerned, from doing any work + under the contract. + ``(3) If the landlord fails to or is unable to remedy any + health or environmental hazard at a housing unit under the + contract, such failure or inability will be taken into + consideration in determining whether to pay or withhold all or + part of any incentive fees for which the landlord may be + eligible under the contract. + ``(4) If the landlord is found by the Secretary concerned + to have not maintained the minimum standards of habitability + for a housing unit under such contract, the landlord shall pay + all medical bills for a tenant of such housing unit that are + associated with the conditions of such housing unit that do not + meet such minimum standards. + ``(5) The landlord shall pay reasonable relocation costs + associated with the permanent relocation of a tenant from a + housing unit of the landlord to new housing due to health or + environmental hazards-- + ``(A) present in the housing unit being vacated + through no fault of the tenant; and + ``(B) confirmed by the housing management office of + the installation as making the unit uninhabitable. + ``(6) The landlord shall pay reasonable relocation costs + and actual costs of living, including per diem, associated with + the temporary relocation of a tenant to new housing due to + health or environmental hazards-- + ``(A) present in the housing unit being vacated + through no fault of the tenant; and + ``(B) confirmed by the housing management office of + the installation as making the unit uninhabitable. + ``(7) The landlord shall ensure that the maintenance work + order system of the landlord (hardware and software) is up to + date, including by -- + ``(A) providing a reliable mechanism through which + a tenant may submit work order requests through an + Internet portal and mobile application, which shall + incorporate the ability to upload photos, communicate + with maintenance personnel, and rate individual service + calls; + ``(B) allowing real-time access to such system by + officials of the Department at the installation, major + subordinate command, and service-wide levels; and + ``(C) allowing the work order or maintenance ticket + to be closed only once the tenant and the head of the + housing management office of the installation sign off. + ``(b) Payment of Actual Costs of Living.--The landlord shall pay +actual costs of living under subsection (a)(6) in connection with a +health or environmental hazard until such time as-- + ``(1)(A) the health or environmental hazard is remediated; + ``(B) the housing unit being vacated is determined to be + habitable by the tenant, the housing management office of the + installation, and chain of command; and + ``(C) the tenant resumes occupancy of the housing unit; or + ``(2) the tenant moves to a new housing unit.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2872c the following new item: + +``2872d. Requirements relating to contracts for provision of + housing.''. + (c) Effective Date.--Section 2872d of such title, as added by +subsection (a), shall apply to contracts entered into or renewed on and +after the date of the enactment of this Act. + +SEC. 3045. WITHHOLDING OF INCENTIVE FEES FOR LANDLORDS OF PRIVATIZED + MILITARY HOUSING FOR FAILURE TO REMEDY A HEALTH OR + ENVIRONMENTAL HAZARD. + + (a) In General.--Subchapter IV of chapter 169 of title 10, United +States Code, is amended by inserting after section 2874b the following +new section: +``Sec. 2874c. Withholding of incentive fees for landlords + ``The Secretary of Defense shall withhold incentive fees paid to a +landlord for failure by the landlord to remedy a health or +environmental hazard at a housing unit under this subchapter, as +determined by the Secretary.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2874b the following new item: + +``2874c. Withholding of incentive fees for landlords.''. + +SEC. 3046. EXPANSION OF DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE + FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD + DEVELOPMENT CENTERS TO INCLUDE DIRECT HIRE AUTHORITY FOR + INSTALLATION MILITARY HOUSING OFFICE PERSONNEL. + + (a) In General.--Section 559 of the National Defense Authorization +Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1406; 10 U.S.C. +1792 note) is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by + inserting ``, and individuals to fill vacancies in + installation military housing offices,'' after + ``childcare services providers''; + (B) in paragraph (1), by inserting ``or for + employees at installation military housing offices'' + before the semicolon; and + (C) in paragraph (2), by inserting ``or for + installation military housing office employees'' before + the period; + (2) by redesignating subsection (f) as subsection (g); and + (3) by inserting after subsection (e) the following new + subsection (f): + ``(f) Installation Military Housing Office Defined.--The term +`installation military housing office' means any office whose primary +function is performing day-to-day supervision of military housing +covered by subchapter IV of chapter 169 of title 10, United States +Code.''. + (b) Heading and Technical Amendments.-- + (1) Heading amendment.--The heading of such section is + amended to read as follows: + +``SEC. 599. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR + CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD + DEVELOPMENT CENTERS AND INSTALLATION MILITARY HOUSING + OFFICES.''. + + (2) Technical amendment.--Subsection (d) of such section is + amended by striking ``Oversight and Government Reform'' and + inserting ``Oversight and Reform''. + (c) Use of Existing Regulations.--The Secretary of Defense shall +use the authority in section 599 of the National Defense Authorization +Act for Fiscal Year 2018 granted by the amendments made by this section +in a manner consistent with the regulations prescribed for purposes of +such section 599 pursuant to subsection (b) of such section 599, +without the need to prescribe separate regulations for the use of such +authority. + +SEC. 3047. PLAN ON ESTABLISHMENT OF DEPARTMENT OF DEFENSE JURISDICTION + OVER OFF-BASE PRIVATIZED MILITARY HOUSING. + + Not later than 30 days after the date of the enactment of this Act, +the Secretary of Defense, in consultation with the Secretary of each +military department, shall submit to the congressional defense +committees a plan to establish jurisdiction by the Department of +Defense, concurrently with local community law enforcement, at +locations with privatized military housing that is not located on an +installation of the Department of Defense. + + Subtitle D--Other Housing Matters + +SEC. 3051. LEAD-BASED PAINT TESTING AND REPORTING. + + (a) Establishment of Department of Defense Policy on Lead Testing +on Military Installations.-- + (1) In general.--Not later than February 1, 2020, the + Secretary of Defense shall establish a policy under which-- + (A) a qualified individual may access a military + installation for the purpose of conducting lead testing + on the installation, subject to the approval of the + Secretary; and + (B) the results of any lead testing conducted on a + military installation shall be transmitted-- + (i) in the case of a military installation + located inside the United States, to-- + (I) the civil engineer of the + installation; + (II) the housing management office + of the installation; + (III) the major subordinate command + of the Armed Force with jurisdiction + over the installation; and + (IV) if required by law, any + relevant Federal, State, and local + agencies; and + (ii) in the case of a military installation + located outside the United States, to the civil + engineer or commander of the installation who + shall transmit those results to the major + subordinate command of the Armed Force with + jurisdiction over the installation. + (2) Definitions.--In this subsection: + (A) United states.--The term ``United States'' has + the meaning given such term in section 101(a)(1) of + title 10, United States Code. + (B) Qualified individual.--The term ``qualified + individual'' means an individual who is certified by + the Environmental Protection Agency or by a State as-- + (i) a lead-based paint inspector; or + (ii) a lead-based paint risk assessor. + (b) Annual Reporting on Lead-based Paint in Military Housing.-- + (1) In general.--Subchapter III of chapter 169 of title 10, + United States Code, is amended by adding at the end the + following new section: +``Sec. 2869a. Annual reporting on lead-based paint in military housing + ``(a) Annual Reports.-- + ``(1) In general.--Not later than February 1 of each year, + the Secretary of Defense shall submit to the congressional + defense committees a report that sets forth, with respect to + military housing under the jurisdiction of each Secretary of a + military department for the calendar year preceding the year in + which the report is submitted, the following: + ``(A) A certification that indicates whether the + military housing under the jurisdiction of the + Secretary concerned is in compliance with the + requirements respecting lead-based paint, lead-based + paint activities, and lead-based paint hazards + described in section 408 of the Toxic Substances + Control Act (15 U.S.C. 2688). + ``(B) A detailed summary of the data, disaggregated + by military department, used in making the + certification under subparagraph (A). + ``(C) The total number of military housing units + under the jurisdiction of the Secretary concerned that + were inspected for lead-based paint in accordance with + the requirements described in subparagraph (A). + ``(D) The total number of military housing units + under the jurisdiction of the Secretary concerned that + were not inspected for lead-based paint. + ``(E) The total number of military housing units + that were found to contain lead-based paint in the + course of the inspections described in subparagraph + (C). + ``(F) A description of any abatement efforts with + respect to lead-based paint conducted regarding the + military housing units described in subparagraph (E). + ``(2) Publication.--The Secretary of Defense shall publish + each report submitted under paragraph (1) on a publicly + available website of the Department of Defense. + ``(b) Military Housing Defined.--In this section, the term +`military housing' includes military family housing and military +unaccompanied housing (as such term is defined in section 2871 of this +title).''. + (2) Clerical amendment.--The table of sections at the + beginning of such subchapter is amended by adding at the end + the following new item: + +``2869a. Annual reporting on lead-based paint in military housing.''. + +SEC. 3052. SATISFACTION SURVEY FOR TENANTS OF MILITARY HOUSING. + + (a) In General.--Not later than March 1, 2020, the Secretary of +Defense shall require that each installation of the Department of +Defense use the same satisfaction survey for tenants of military +housing, which shall be an electronic survey with embedded privacy and +security mechanisms. + (b) Privacy and Security Mechanisms.--The privacy and security +mechanisms used under subsection (a)-- + (1) may include a code unique to the tenant to be surveyed + that is sent to the cell phone number of the tenant and + required to be entered to access the survey; and + (2) in the case of housing under subchapter IV of chapter + 169 of title 10, United States Code, shall ensure that the + survey is not shared with the landlord of the housing unit + until the survey is reviewed and the results are tallied by an + employee of the Department of Defense. + +SEC. 3053. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS OF THE + ARMED FORCES HARMED BY HEALTH OR ENVIRONMENTAL HAZARDS AT + MILITARY HOUSING. + + (a) Report.--Not later than 90 days after the date of the enactment +of this Act, the Secretary of Defense shall submit to the congressional +defense committees a report on the legal services that the Secretary +may provide to members of the Armed Forces who have been harmed by a +health or environmental hazard while living in military housing. + (b) Availability of Information.--The Secretary of the military +department concerned shall make the information contained in the report +submitted under subsection (a) available to members of the Armed Forces +at all installations of the Department of Defense in the United States. + +SEC. 3054. MITIGATION OF RISKS POSED BY CERTAIN ITEMS IN MILITARY + FAMILY HOUSING UNITS. + + (a) Anchoring of Items by Residents.--The Secretary of Defense +shall allow a resident of a military family housing unit to anchor any +furniture, television, or large appliance to the wall of the unit for +purposes of preventing such item from tipping over without incurring a +penalty or obligation to repair the wall upon vacating the unit. + (b) Anchoring of Items for All Units.-- + (1) Existing units.--Not later than one year after the date + of the enactment of this Act, the Secretary of Defense shall + ensure that all freestanding chests, door chests, armoires, + dressers, entertainment centers, bookcases taller than 27 + inches, televisions, and large appliances provided by the + Department of Defense are securely anchored in each furnished + military family housing unit under the jurisdiction of the + Department as of the date of the enactment of this Act. + (2) New units.--The Secretary of Defense shall ensure that + all freestanding chests, door chests, armoires, dressers, + entertainment centers, bookcases taller than 27 inches, + televisions, and large appliances provided by the Department of + Defense are securely anchored in each furnished military family + housing unit made available after the date of the enactment of + this Act. + +SEC. 3055. TECHNICAL CORRECTION TO CERTAIN PAYMENTS FOR LESSORS OF + PRIVATIZED MILITARY HOUSING. + + Paragraph (3) of section 606(d) of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 +U.S.C. 2871 note) is amended to read as follows: + ``(3) The term `MHPI housing' means housing procured, + acquired, constructed, or for which any phase or portion of a + project agreement was first finalized and signed, under the + alternative authority of subchapter IV of chapter 169 of title + 10, United States Code (known as the Military Housing + Privatization Initiative), on or before September 30, 2014.''. + +SEC. 3056. PILOT PROGRAM TO BUILD AND MONITOR USE OF SINGLE FAMILY + HOMES. + + (a) In General.--The Secretary of the Army shall carry out a pilot +program to build and monitor the use of not fewer than 5 single family +homes for members of the Army and their families. + (b) Location.--The Secretary of the Army shall carry out the pilot +program at an installation of the Army as determined by the Secretary. + (c) Design.--In building homes under the pilot program, the +Secretary of the Army shall use the All-American Abode design from the +suburban single-family division design by the United States Military +Academy. + (d) Authorization of Appropriations.--There is authorized to be +appropriated to the Secretary of the Army $1,000,000 to carry out the +pilot program under this section. + + DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND + OTHER AUTHORIZATIONS + + TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + + Subtitle A--National Security Programs and Authorizations + +SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated to the Department of Energy for fiscal year 2020 for +the activities of the National Nuclear Security Administration in +carrying out programs as specified in the funding table in section +4701. + (b) Authorization of New Plant Projects.--From funds referred to in +subsection (a) that are available for carrying out plant projects, the +Secretary of Energy may carry out new plant projects for the National +Nuclear Security Administration as follows: + Project 20-D-931, KL Fuel Development Laboratory, Knolls + Atomic Power Laboratory, Schenectady, New York, $23,700,000. + General Purpose Project, PF-4 Power and Communications + Systems Upgrade, Los Alamos National Laboratory, New Mexico, + $16,000,000. + +SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. + + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated to the Department of Energy for fiscal year 2020 for +defense environmental cleanup activities in carrying out programs as +specified in the funding table in section 4701. + (b) Authorization of New Plant Projects.--From funds referred to in +subsection (a) that are available for carrying out plant projects, the +Secretary of Energy may carry out, for defense environmental cleanup +activities, the following new plant projects: + Project 20-D-401, Saltstone Disposal Units numbers 10, 11, + and 12, Savannah River Site, Aiken, South Carolina, $1,000,000. + Project 20-D-402, Advanced Manufacturing Collaborative, + Savannah River Site, Aiken, South Carolina, $50,000,000. + Project 20-U-401, On-Site Waste Disposal Facility (Cell + Lines 2 and 3), Portsmouth Site, Pike County, Ohio, + $10,000,000. + +SEC. 3103. OTHER DEFENSE ACTIVITIES. + + Funds are hereby authorized to be appropriated to the Department of +Energy for fiscal year 2020 for other defense activities in carrying +out programs as specified in the funding table in section 4701. + +SEC. 3104. NUCLEAR ENERGY. + + Funds are hereby authorized to be appropriated to the Department of +Energy for fiscal year 2020 for nuclear energy as specified in the +funding table in section 4701. + + Subtitle B--Program Authorizations, Restrictions, and Limitations + +SEC. 3111. TECHNICAL CORRECTIONS TO NATIONAL NUCLEAR SECURITY + ADMINISTRATION ACT AND ATOMIC ENERGY DEFENSE ACT. + + (a) Definitions in National Nuclear Security Administration Act.-- +Section 3281(2)(A) of the National Nuclear Security Administration Act +(50 U.S.C. 2471(2)(A)) is amended by striking ``Plant'' and inserting +``National Security Campus''. + (b) Amendments to Atomic Energy Defense Act.-- + (1) Definitions.--Section 4002(9)(A) of the Atomic Energy + Defense Act (50 U.S.C. 2501(9)(A)) is amended striking + ``Plant'' and inserting ``National Security Campus''. + (2) Stockpile stewardship, management, and responsiveness + plan.--Section 4203 of the Atomic Energy Defense Act (50 U.S.C. + 2523) is amended-- + (A) in subsection (d)(4)(A)(ii), by striking + ``quadrennial defense review if such strategy has not + been submitted'' and inserting ``national defense + strategy''; + (B) in subsection (e)(1)(A)(i), by striking ``or + the most recent quadrennial defense review, as + applicable under subsection (d)(4)(A), and the'' and + inserting ``referred to in subsection (d)(4)(A)(i), the + most recent the national defense strategy, and the most + recent''; and + (C) in subsection (f)-- + (i) by striking paragraph (4); + (ii) by redesignating paragraph (3) as + paragraph (4); and + (iii) by inserting after paragraph (2) the + following new paragraph (3): + ``(3) The term `national defense strategy' means the review + of the defense programs and policies of the United States that + is carried out every four years under section 113(g) of title + 10, United States Code.''. + (3) Manufacturing infrastructure for nuclear weapons + stockpile.--Section 4212 of the Atomic Energy Defense Act (50 + U.S.C. 2532) is amended-- + (A) in subsection (a)(1), in the matter preceding + subparagraph (A), by inserting ``most recent'' before + ``Nuclear Posture Review''; and + (B) in subsection (b)-- + (i) in paragraph (2), by striking ``Plant'' + and inserting ``National Security Complex''; + and + (ii) in paragraph (4), by striking + ``Plant'' and inserting ``National Security + Campus, Kansas City, Missouri''. + (4) Reports on life extension programs.-- + (A) In general.--Section 4216 of the Atomic Energy + Defense Act (50 U.S.C. 2536) is amended-- + (i) in the section heading, by striking + ``lifetime'' and inserting ``life''; and + (ii) by striking ``lifetime'' each place it + appears and inserting ``life''. + (B) Clerical amendment.--The table of contents for + the Atomic Energy Defense Act is amended by striking + the item relating to section 4216 and inserting the + following new item: + +``Sec. 4216. Reports on life extension programs.''. + (5) Advice on safety, security, and reliability of nuclear + weapons stockpile.--Section 4218 of the Atomic Energy Defense + Act (50 U.S.C. 2538) is amended-- + (A) in subsection (d), by striking ``or the + Commander of the United States Strategic Command''; and + (B) in subsection (e)(1)-- + (i) by striking ``, a member of'' and all + that follows through ``Strategic Command'' and + inserting ``or a member of the Nuclear Weapons + Council''; and + (ii) by striking ``, member, or Commander'' + and inserting ``or member''. + (6) Life-cycle cost estimates.--Section 4714(a) of the + Atomic Energy Defense Act (50 U.S.C. 2754(a)) is amended-- + (A) by striking ``413.3'' and inserting ``413.3B''; + and + (B) by inserting ``, or a successor order,'' after + ``assets)''. + (7) Unfunded priorities.-- + (A) In general.--Section 4716 of the Atomic Energy + Defense Act (50 U.S.C. 2756) is amended in the section + heading by striking ``national nuclear security + administration'' and inserting ``administration''. + (B) Clerical amendment.--The table of contents for + the Atomic Energy Defense Act is amended by striking + the item relating to section 4716 and inserting the + following new item: + +``Sec. 4716. Unfunded priorities of the Administration.''. + (8) Reviews of capital assets acquisition projects.-- + Section 4733(d)(3)(B) of the Atomic Energy Defense Act (50 + U.S.C. 2773(d)(3)(B)) is amended by striking ``413.3'' and + inserting ``413.3B''. + +SEC. 3112. NATIONAL NUCLEAR SECURITY ADMINISTRATION PERSONNEL SYSTEM. + + (a) In General.--Subtitle C of the National Nuclear Security +Administration Act (50 U.S.C. 2441 et seq.) is amended by adding at the +end the following new section: + +``SEC. 3248. ALTERNATIVE PERSONNEL SYSTEM. + + ``(a) In General.--The Administrator may adapt the pay banding and +performance-based pay adjustment demonstration project carried out by +the Administration under the authority provided by section 4703 of +title 5, United States Code, into a permanent alternative personnel +system for the Administration (to be known as the `National Nuclear +Security Administration Personnel System') and implement that system +with respect to employees of the Administration. + ``(b) Modifications.--In adapting the demonstration project +described in subsection (a) into a permanent alternative personnel +system, the Administrator-- + ``(1) may, subject to paragraph (2), revise the + requirements and limitations of the demonstration project to + the extent necessary; and + ``(2) shall-- + ``(A) ensure that the permanent alternative + personnel system is carried out in a manner consistent + with the final plan for the demonstration project + published in the Federal Register on December 21, 2007 + (72 Fed. Reg. 72776); + ``(B) ensure that significant changes in the system + not take effect until revisions to the plan for the + demonstration project are approved by the Office of + Personnel Management and published in the Federal + Register; + ``(C) ensure that procedural modifications or + clarifications to the final plan for the demonstration + project be made through local notification processes; + ``(D) authorize, and establish incentives for, + employees of the Administration to have rotational + assignments among different programs of the + Administration, the headquarters and field offices of + the Administration, and the management and operating + contractors of the Administration; and + ``(E) establish requirements for employees of the + Administration who are in the permanent alternative + personnel system described in subsection (a) to be + promoted to senior-level positions in the + Administration, including requirements with respect + to-- + ``(i) professional training and continuing + education; and + ``(ii) a certain number and types of + rotational assignments under subparagraph (D), + as determined by the Administrator. + ``(c) Application to Naval Nuclear Propulsion Program.--The +Director of the Naval Nuclear Propulsion Program established pursuant +to section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and +section 3216 of this Act may, with the concurrence of the Secretary of +the Navy, apply the alternative personnel system under subsection (a) +to-- + ``(1) all employees of the Naval Nuclear Propulsion Program + in the competitive service (as defined in section 2102 of title + 5, United States Code); and + ``(2) all employees of the Department of Navy who are + assigned to the Naval Nuclear Propulsion Program and are in the + excepted service (as defined in section 2103 of title 5, United + States Code) (other than such employees in statutory excepted + service systems).''. + (b) Briefing.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Administrator for Nuclear + Security shall provide a briefing to the appropriate + congressional committees on the implementation of section 3248 + of the National Nuclear Security Administration Act, as added + by subsection (a). + (2) Appropriate congressional committees defined.--In this + subsection, the term ``appropriate congressional committees'' + means-- + (A) the congressional defense committees; + (B) the Committee on Energy and Natural Resources + of the Senate and the Committee on Energy and Commerce + of the House of Representatives; and + (C) the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on + Oversight and Government Reform of the House of + Representatives. + (c) Conforming Amendments.--Section 3116 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. +1888; 50 U.S.C. 2441 note prec) is amended-- + (1) by striking subsections (a) and (d); and + (2) by redesignating subsections (b) and (c) as subsections + (a) and (b), respectively. + (d) Clerical Amendment.--The table of contents for the National +Nuclear Security Administration Act is amended by inserting after the +item relating to section 3247 the following new item: + +``Sec. 3248. Alternative personnel system.''. + +SEC. 3113. CONTRACTING, PROGRAM MANAGEMENT, SCIENTIFIC, ENGINEERING, + AND TECHNICAL POSITIONS AT NATIONAL NUCLEAR SECURITY + ADMINISTRATION. + + (a) In General.--Section 3241 of the National Nuclear Security +Administration Act (50 U.S.C. 2441) is amended in the first sentence-- + (1) by striking ``may'' and inserting ``shall''; and + (2) by striking ``not more than 600''. + (b) Conforming Amendments.--Such section is further amended-- + (1) in the section heading, by striking ``authority to + establish'' and inserting ``establishment of''; and + (2) in the second sentence, by striking ``Subject to the + limitations in the preceding sentence, the authority'' and + inserting ``The authority''. + (c) Clerical Amendment.--The table of contents for the National +Nuclear Security Administration Act is amended by striking the item +relating to section 3241 and inserting the following new item: + +``Sec. 3241. Establishment of contracting, program management, + scientific, engineering, and technical + positions.''. + +SEC. 3114. PROHIBITION ON USE OF LABORATORY-DIRECTED RESEARCH AND + DEVELOPMENT FUNDS FOR GENERAL AND ADMINISTRATIVE OVERHEAD + COSTS. + + Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791) is +amended-- + (1) by redesignating subsection (d) as subsection (e); and + (2) by inserting after subsection (c) the following new + subsection (d): + ``(d) Funds provided to a national security laboratory or nuclear +weapons production facility for laboratory-directed research and +development may not be used to cover the costs of general and +administrative overhead for the laboratory or facility.''. + +SEC. 3115. PROHIBITION ON USE OF FUNDS FOR ADVANCED NAVAL NUCLEAR FUEL + SYSTEM BASED ON LOW-ENRICHED URANIUM. + + None of the funds authorized to be appropriated for the National +Nuclear Security Administration for fiscal year 2020 or any fiscal year +thereafter may be obligated or expended to conduct research and +development of an advanced naval nuclear fuel system based on low- +enriched uranium until the following certifications are submitted to +the congressional defense committees: + (1) A joint certification of the Secretary of Energy and + the Secretary of Defense that the determination made by the + Secretary of Energy and the Secretary of the Navy pursuant to + section 3118(c)(1) of the National Defense Authorization Act + for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1196) and + submitted to the congressional defense committees on March 25, + 2018, that the United States should not pursue such research + and development, no longer reflects the policy of the United + States. + (2) A certification of the Secretary of the Navy that an + advanced naval nuclear fuel system based on low-enriched + uranium would not reduce vessel capability, increase expense, + or reduce operational availability as a result of refueling + requirements. + + Subtitle C--Plans and Reports + +SEC. 3121. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL CLEANUP + MILESTONES REQUIRED BY CONSENT ORDERS. + + (a) In General.--Subtitle A of title XLIV of the Atomic Energy +Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end +the following section: + +``SEC. 4409. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL + CLEANUP MILESTONES REQUIRED BY CONSENT ORDERS. + + ``The Secretary of Energy shall include in the budget justification +materials submitted to Congress in support of the Department of Energy +budget for each fiscal year (as submitted with the budget of the +President under section 1105(a) of title 31, United States Code) a +report on the cost of meeting milestones required by a consent order at +each defense nuclear facility at which defense environmental cleanup +activities are occurring. The report shall include, for each such +facility-- + ``(1) a specification of the cost of meeting such + milestones during that fiscal year; and + ``(2) an estimate of the cost of meeting such milestones + during the four fiscal years following that fiscal year.''. + (b) Clerical Amendment.--The table of contents for the Atomic +Energy Defense Act is amended by inserting after the item relating to +section 4408 the following new item: + +``Sec. 4409. Estimation of costs of meeting defense environmental + cleanup milestones required by consent + orders.''. + +SEC. 3122. EXTENSION OF SUSPENSION OF CERTAIN ASSESSMENTS RELATING TO + NUCLEAR WEAPONS STOCKPILE. + + Section 3255(b) of the National Nuclear Security Administration Act +(50 U.S.C. 2455(b)) is amended by striking ``fiscal year 2018 or 2019'' +and inserting ``any of fiscal years 2018 through 2023''. + +SEC. 3123. REPEAL OF REQUIREMENT FOR REVIEW RELATING TO ENHANCED + PROCUREMENT AUTHORITY. + + Section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is +amended-- + (1) by striking subsection (e); and + (2) by redesignating subsections (f) and (g) as subsections + (e) and (f), respectively. + +SEC. 3124. DETERMINATION OF EFFECT OF TREATY OBLIGATIONS WITH RESPECT + TO PRODUCING TRITIUM. + + Not later than February 15, 2020, the Secretary of Energy shall-- + (1) determine whether the Agreement for Cooperation on the + Uses of Atomic Energy for Mutual Defense Purposes, signed at + Washington July 3, 1958 (9 UST 1028), between the United States + and the United Kingdom, permits the United States to obtain + low-enriched uranium for the purposes of producing tritium in + the United States; and + (2) submit to the congressional defense committees a report + on that determination. + +SEC. 3125. ASSESSMENT OF HIGH ENERGY DENSITY PHYSICS. + + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Administrator for Nuclear Security shall +enter into an arrangement with the National Academies of Sciences, +Engineering, and Medicine to conduct an assessment of recent advances +and the current status of research in the field of high energy density +physics. + (b) Elements.--The assessment conducted under subsection (a) shall +include the following: + (1) Theoretical and computational modeling of high energy + density material phases, radiation-matter interactions, plasmas + atypical of astrophysical conditions, and conditions unique to + the National Nuclear Security Administration. + (2) The simulation of such phases, interactions, plasmas, + and conditions. + (3) Instrumentation and target fabrication. + (4) Workforce training. + (5) An assessment of advancements made by other countries + in high energy density physics. + (6) Such others items as are agreed upon by the + Administrator and the National Academies. + (c) Applicability of Internal Controls.--The assessment under +subsection (a) shall be conducted in accordance with the internal +controls of the National Academies. + (d) Report to Congress.--Not later than 18 months after entering +into the arrangement under subsection (a), the National Academy of +Sciences, Engineering, and Medicine shall submit to the congressional +defense committees a report on the assessment conducted under that +subsection. + (e) High Energy Density Physics Defined.--In this section, the term +``high energy density physics'' means the physics of matter and +radiation at-- + (1) energy densities exceeding 100,000,000,000 joules per + cubic meter; and + (2) other temperature and pressure ranges within the warm + dense matter regime. + + TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD + +SEC. 3201. AUTHORIZATION. + + There are authorized to be appropriated for fiscal year 2020, +$29,450,000 for the operation of the Defense Nuclear Facilities Safety +Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 +et seq.). + +SEC. 3202. IMPROVEMENT OF MANAGEMENT AND ORGANIZATION OF DEFENSE + NUCLEAR FACILITIES SAFETY BOARD. + + (a) Provision of Information to Board.--Subsection (c) of section +311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is amended-- + (1) in paragraph (2), by striking ``paragraphs (5), (6), + and (7)'' and inserting ``paragraphs (5) and (6)''; + (2) by striking paragraph (6); and + (3) by redesignating paragraph (7) as paragraph (6). + (b) Executive Director for Operations.--Paragraph (6) of such +subsection, as redesignated by subsection (a)(3), is further amended in +subparagraph (C)-- + (1) by redesignating clauses (i), (ii), and (iii) as + clauses (ii), (iii), and (iv), respectively; and + (2) by inserting before clause (ii), as redesignated by + paragraph (1), the following new clause (i): + ``(i) The executive director for operations, who shall + report directly to the Chairman.''. + (c) Organization of Staff of Board.--Section 313(b) of such Act (42 +U.S.C. 2286b(b)) is amended-- + (1) in paragraph (1)(A), by striking ``section 311(c)(7)'' + and inserting ``section 311(c)(6)''; and + (2) by adding at the end the following new paragraph: + ``(3) Subject to the approval of the Board, the Chairman may +organize the staff of the Board as the Chairman considers appropriate +to best accomplish the mission of the Board described in section +312(a).''. + +SEC. 3203. MEMBERSHIP OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD. + + (a) List of Candidates for Nomination.--Subsection (b) of section +311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is amended by +adding at the end the following new paragraph: + ``(4) The President shall enter into an arrangement with the +National Academy of Sciences under which the National Academy shall +maintain a list of individuals who meet the qualifications described in +paragraph (1) to assist the President in selecting individuals to +nominate for positions as members of the Board.''. + (b) Terms of Members.-- + (1) In general.--Subsection (d) of such section is + amended-- + (A) in paragraph (1), by striking the second + sentence and inserting the following new sentence: ``A + member of the Board may not serve for two consecutive + terms.''; and + (B) in paragraph (3), by striking the second + sentence and inserting the following new sentence: ``A + member may not serve after the expiration of the + member's term.''. + (2) Effective date.--The amendments made by paragraph (1) + shall take effect on April 1, 2020. + (c) Filling Vacancies.--Such subsection is further amended by +adding at the end the following new paragraph: + ``(4)(A) Not later than 180 days after the expiration of the term +of a member of the Board, the President shall-- + ``(i) submit to the Senate the nomination of an individual + to fill the vacancy; or + ``(ii) submit to the Committee on Armed Services of the + Senate a report that includes-- + ``(I) a description of the reasons the President + did not submit such a nomination; and + ``(II) a plan for submitting such a nomination + during the 90-day period following the submission of + the report. + ``(B) If the President does not submit to the Senate the nomination +of an individual to fill a vacancy during the 90-day period described +in subclause (II) of subparagraph (A)(ii), the President shall submit +to the Committee on Armed Services a report described in that +subparagraph not less frequently than every 90 days until the President +submits such a nomination.''. + + TITLE XXXV--MARITIME ADMINISTRATION + +SEC. 3501. MARITIME ADMINISTRATION. + + Section 109 of title 49, United States Code, is amended to read as +follows: +``Sec. 109. Maritime Administration + ``(a) Organization and Mission.--The Maritime Administration is an +administration in the Department of Transportation. The mission of the +Maritime Administration is to foster, promote, and develop the merchant +maritime industry of the United States. + ``(b) Maritime Administrator.--The head of the Maritime +Administration is the Maritime Administrator, who is appointed by the +President by and with the advice and consent of the Senate. The +Administrator shall report directly to the Secretary of Transportation +and carry out the duties prescribed by the Secretary. + ``(c) Deputy Maritime Administrator.--The Maritime Administration +shall have a Deputy Maritime Administrator, who is appointed in the +competitive service by the Secretary, after consultation with the +Administrator. The Deputy Administrator shall carry out the duties +prescribed by the Administrator. The Deputy Administrator shall be +Acting Administrator during the absence or disability of the +Administrator and, unless the Secretary designates another individual, +during a vacancy in the office of Administrator. + ``(d) Duties and Powers Vested in Secretary.--All duties and powers +of the Maritime Administration are vested in the Secretary. + ``(e) Regional Offices.--The Maritime Administration shall have +regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port +ranges, and may have other regional offices as necessary. The Secretary +shall appoint a qualified individual as Director of each regional +office. The Secretary shall carry out appropriate activities and +programs of the Maritime Administration through the regional offices. + ``(f) Interagency and Industry Relations.--The Secretary shall +establish and maintain liaison with other agencies, and with +representative trade organizations throughout the United States, +concerned with the transportation of commodities by water in the export +and import foreign commerce of the United States, for the purpose of +securing preference to vessels of the United States for the +transportation of those commodities. + ``(g) Detailing Officers From Armed Forces.--To assist the +Secretary in carrying out duties and powers relating to the Maritime +Administration, not more than five officers of the Armed Forces may be +detailed to the Secretary at any one time, in addition to details +authorized by any other law. During the period of a detail, the +Secretary shall pay the officer an amount that, when added to the +officer's pay and allowances as an officer in the Armed Forces, makes +the officer's total pay and allowances equal to the amount that would +be paid to an individual performing work the Secretary considers to be +of similar importance, difficulty, and responsibility as that performed +by the officer during the detail. + ``(h) Contracts, Cooperative Agreements, and Audits.-- + ``(1) Contracts and cooperative agreements.--In the same + manner that a private corporation may make a contract within + the scope of its authority under its charter, the Secretary may + make contracts and cooperative agreements for the United States + Government and disburse amounts to-- + ``(A) carry out the Secretary's duties and powers + under this section, subtitle V of title 46, and all + other Maritime Administration programs; and + ``(B) protect, preserve, and improve collateral + held by the Secretary to secure indebtedness. + ``(2) Audits.--The financial transactions of the Secretary + under paragraph (1) shall be audited by the Comptroller + General. The Comptroller General shall allow credit for an + expenditure shown to be necessary because of the nature of the + business activities authorized by this section or subtitle V of + title 46. At least once a year, the Comptroller General shall + report to Congress any departure by the Secretary from this + section or subtitle V of title 46. + ``(i) Grant Administrative Expenses.--Except as otherwise provided +by law, the administrative and related expenses for the administration +of any grant programs by the Maritime Administrator may not exceed 3 +percent. + ``(j) Authorization of Appropriations.-- + ``(1) In general.--Except as otherwise provided in this + subsection, there are authorized to be appropriated such + amounts as may be necessary to carry out the duties and powers + of the Secretary relating to the Maritime Administration. + ``(2) Limitations.--Only those amounts specifically + authorized by law may be appropriated for the use of the + Maritime Administration for-- + ``(A) acquisition, construction, or reconstruction + of vessels; + ``(B) construction-differential subsidies incident + to the construction, reconstruction, or reconditioning + of vessels; + ``(C) costs of national defense features; + ``(D) payments of obligations incurred for + operating-differential subsidies; + ``(E) expenses necessary for research and + development activities, including reimbursement of the + Vessel Operations Revolving Fund for losses resulting + from expenses of experimental vessel operations; + ``(F) the Vessel Operations Revolving Fund; + ``(G) National Defense Reserve Fleet expenses; + ``(H) expenses necessary to carry out part B of + subtitle V of title 46; and + ``(I) other operations and training expenses + related to the development of waterborne transportation + systems, the use of waterborne transportation systems, + and general administration.''. + + DIVISION D--FUNDING TABLES + +SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. + + (a) In General.--Whenever a funding table in this division +specifies a dollar amount authorized for a project, program, or +activity, the obligation and expenditure of the specified dollar amount +for the project, program, or activity is hereby authorized, subject to +the availability of appropriations. + (b) Merit-based Decisions.--A decision to commit, obligate, or +expend funds with or to a specific entity on the basis of a dollar +amount authorized pursuant to subsection (a) shall-- + (1) be based on merit-based selection procedures in + accordance with the requirements of sections 2304(k) and 2374 + of title 10, United States Code, or on competitive procedures; + and + (2) comply with other applicable provisions of law. + (c) Relationship to Transfer and Programming Authority.--An amount +specified in the funding tables in this division may be transferred or +reprogrammed under a transfer or reprogramming authority provided by +another provision of this Act or by other law. The transfer or +reprogramming of an amount specified in such funding tables shall not +count against a ceiling on such transfers or reprogrammings under +section 1001 or section 1522 of this Act or any other provision of law, +unless such transfer or reprogramming would move funds between +appropriation accounts. + (d) Applicability to Classified Annex.--This section applies to any +classified annex that accompanies this Act. + (e) Oral Written Communications.--No oral or written communication +concerning any amount specified in the funding tables in this division +shall supersede the requirements of this section. + + TITLE XLI--PROCUREMENT + +SEC. 4101. PROCUREMENT. + +------------------------------------------------------------------------ + SEC. 4101. PROCUREMENT (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Senate + Line Item Request Authorized +------------------------------------------------------------------------ + AIRCRAFT PROCUREMENT, ARMY + FIXED WING + 2 UTILITY F/W AIRCRAFT............ 16,000 0 + Program zeroed out in FYDP.. [-16,000] + 4 RQ-11 (RAVEN)................... 23,510 23,510 + ROTARY + 5 TACTICAL UNMANNED AIRCRAFT 12,100 12,100 + SYSTEM (TUAS).................. + 8 AH-64 APACHE BLOCK IIIA REMAN... 806,849 806,849 + 9 AH-64 APACHE BLOCK IIIA REMAN AP 190,870 190,870 + 10 AH-64 APACHE BLOCK IIIB NEW 0 105,000 + BUILD.......................... + Increase fielding for Active [105,000] + and ARNG units.............. + 12 UH-60 BLACKHAWK M MODEL (MYP)... 1,411,540 1,271,540 + Funding ahead of acquisition [-140,000] + strategy.................... + 13 UH-60 BLACKHAWK M MODEL (MYP) AP 79,572 79,572 + 14 UH-60 BLACK HAWK L AND V MODELS. 169,290 204,290 + Increase fielding for ARNG [35,000] + units....................... + 15 CH-47 HELICOPTER................ 140,290 140,290 + 16 CH-47 HELICOPTER AP............. 18,186 18,186 + MODIFICATION OF AIRCRAFT + 19 UNIVERSAL GROUND CONTROL 2,090 2,090 + EQUIPMENT (UAS)................ + 20 GRAY EAGLE MODS2................ 14,699 14,699 + 21 MULTI SENSOR ABN RECON (MIP).... 35,189 35,189 + 22 AH-64 MODS...................... 58,172 58,172 + 23 CH-47 CARGO HELICOPTER MODS 11,785 11,785 + (MYP).......................... + 24 GRCS SEMA MODS (MIP)............ 5,677 5,677 + 25 ARL SEMA MODS (MIP)............. 6,566 6,566 + 26 EMARSS SEMA MODS (MIP).......... 3,859 3,859 + 27 UTILITY/CARGO AIRPLANE MODS..... 15,476 15,476 + 28 UTILITY HELICOPTER MODS......... 6,744 6,744 + 29 NETWORK AND MISSION PLAN........ 105,442 105,442 + 30 COMMS, NAV SURVEILLANCE......... 164,315 164,315 + 32 GATM ROLLUP..................... 30,966 30,966 + 33 RQ-7 UAV MODS................... 8,983 8,983 + 34 UAS MODS........................ 10,205 10,205 + GROUND SUPPORT AVIONICS + 35 AIRCRAFT SURVIVABILITY EQUIPMENT 52,297 52,297 + 36 SURVIVABILITY CM................ 8,388 8,388 + 37 CMWS............................ 13,999 13,999 + 38 COMMON INFRARED COUNTERMEASURES 168,784 168,784 + (CIRCM)........................ + OTHER SUPPORT + 39 AVIONICS SUPPORT EQUIPMENT...... 1,777 1,777 + 40 COMMON GROUND EQUIPMENT......... 18,624 18,624 + 41 AIRCREW INTEGRATED SYSTEMS...... 48,255 48,255 + 42 AIR TRAFFIC CONTROL............. 32,738 32,738 + 44 LAUNCHER, 2.75 ROCKET........... 2,201 2,201 + 45 LAUNCHER GUIDED MISSILE: LONGBOW 991 991 + HELLFIRE XM2................... + TOTAL AIRCRAFT PROCUREMENT, ARMY 3,696,429 3,680,429 + + MISSILE PROCUREMENT, ARMY + SURFACE-TO-AIR MISSILE SYSTEM + 1 SYSTEM INTEGRATION AND TEST 0 113,857 + PROCUREMENT.................... + Transfer back to base [113,857] + funding..................... + 2 M-SHORAD--PROCUREMENT........... 0 103,800 + Transfer back to base [103,800] + funding..................... + 3 MSE MISSILE..................... 0 698,603 + Transfer back to base [698,603] + funding..................... + 4 INDIRECT FIRE PROTECTION 0 239,237 + CAPABILITY INC 2-I............. + Full funding of Iron Dome [229,900] + battery..................... + Transfer back to base [9,337] + funding..................... + 5 THAAD........................... 0 425,900 + THAAD program transfer from [425,900] + MDA......................... + AIR-TO-SURFACE MISSILE SYSTEM + 6 HELLFIRE SYS SUMMARY............ 0 193,284 + Transfer back to base [193,284] + funding..................... + 7 JOINT AIR-TO-GROUND MSLS (JAGM). 0 233,353 + Transfer back to base [233,353] + funding..................... + ANTI-TANK/ASSAULT MISSILE SYS + 8 JAVELIN (AAWS-M) SYSTEM SUMMARY. 0 138,405 + Transfer back to base [138,405] + funding..................... + 9 TOW 2 SYSTEM SUMMARY............ 0 114,340 + Transfer back to base [114,340] + funding..................... + 10 TOW 2 SYSTEM SUMMARY AP......... 0 10,500 + Transfer back to base [10,500] + funding..................... + 11 GUIDED MLRS ROCKET (GMLRS)...... 0 797,213 + Transfer back to base [797,213] + funding..................... + 12 MLRS REDUCED RANGE PRACTICE 0 27,555 + ROCKETS (RRPR)................. + Transfer back to base [27,555] + funding..................... + 14 ARMY TACTICAL MSL SYS (ATACMS)-- 0 209,842 + SYS SUM........................ + Transfer back to base [209,842] + funding..................... + MODIFICATIONS + 16 PATRIOT MODS.................... 0 279,464 + Transfer back to base [279,464] + funding..................... + 17 ATACMS MODS..................... 0 85,320 + Transfer back to base [85,320] + funding..................... + 18 GMLRS MOD....................... 0 5,094 + Transfer back to base [5,094] + funding..................... + 19 STINGER MODS.................... 0 81,615 + Transfer back to base [81,615] + funding..................... + 20 AVENGER MODS.................... 0 14,107 + Transfer back to base [14,107] + funding..................... + 21 ITAS/TOW MODS................... 0 3,469 + Transfer back to base [3,469] + funding..................... + 22 MLRS MODS....................... 0 39,019 + Transfer back to base [39,019] + funding..................... + 23 HIMARS MODIFICATIONS............ 0 12,483 + Transfer back to base [12,483] + funding..................... + SPARES AND REPAIR PARTS + 24 SPARES AND REPAIR PARTS......... 0 26,444 + Transfer back to base [26,444] + funding..................... + SUPPORT EQUIPMENT & FACILITIES + 25 AIR DEFENSE TARGETS............. 0 10,593 + Transfer back to base [10,593] + funding..................... + TOTAL MISSILE PROCUREMENT, ARMY. 0 3,863,497 + + PROCUREMENT OF W&TCV, ARMY + TRACKED COMBAT VEHICLES + 2 ARMORED MULTI PURPOSE VEHICLE 264,040 264,040 + (AMPV)......................... + MODIFICATION OF TRACKED COMBAT + VEHICLES + 3 STRYKER (MOD)................... 144,387 393,587 + UPL Stryker lethality 30 mm [249,200] + cannon...................... + 4 STRYKER UPGRADE................. 550,000 550,000 + 5 BRADLEY PROGRAM (MOD)........... 638,781 598,781 + Excess to need due to [-40,000] + termination of subprogram... + 6 M109 FOV MODIFICATIONS.......... 25,756 25,756 + 7 PALADIN INTEGRATED MANAGEMENT 553,425 553,425 + (PIM).......................... + 9 ASSAULT BRIDGE (MOD)............ 2,821 2,821 + 10 ASSAULT BREACHER VEHICLE........ 31,697 31,697 + 11 M88 FOV MODS.................... 4,500 4,500 + 12 JOINT ASSAULT BRIDGE............ 205,517 205,517 + 13 M1 ABRAMS TANK (MOD)............ 348,800 348,800 + 14 ABRAMS UPGRADE PROGRAM.......... 1,752,784 1,717,784 + Early to need............... [-35,000] + WEAPONS & OTHER COMBAT VEHICLES + 16 MULTI-ROLE ANTI-ARMOR ANTI- 19,420 19,420 + PERSONNEL WEAPON S............. + 17 GUN AUTOMATIC 30MM M230......... 20,000 20,000 + 19 MORTAR SYSTEMS.................. 14,907 14,907 + 20 XM320 GRENADE LAUNCHER MODULE 191 191 + (GLM).......................... + 21 PRECISION SNIPER RIFLE.......... 7,977 7,977 + 22 COMPACT SEMI-AUTOMATIC SNIPER 9,860 9,860 + SYSTEM......................... + 23 CARBINE......................... 30,331 30,331 + 24 SMALL ARMS--FIRE CONTROL........ 8,060 8,060 + 25 COMMON REMOTELY OPERATED WEAPONS 24,007 24,007 + STATION........................ + 26 HANDGUN......................... 6,174 6,174 + MOD OF WEAPONS AND OTHER COMBAT + VEH + 28 MK-19 GRENADE MACHINE GUN MODS.. 3,737 3,737 + 29 M777 MODS....................... 2,367 2,367 + 30 M4 CARBINE MODS................. 17,595 17,595 + 33 M240 MEDIUM MACHINE GUN MODS.... 8,000 8,000 + 34 SNIPER RIFLES MODIFICATIONS..... 2,426 2,426 + 35 M119 MODIFICATIONS.............. 6,269 6,269 + 36 MORTAR MODIFICATION............. 1,693 1,693 + 37 MODIFICATIONS LESS THAN $5.0M 4,327 4,327 + (WOCV-WTCV).................... + SUPPORT EQUIPMENT & FACILITIES + 38 ITEMS LESS THAN $5.0M (WOCV- 3,066 3,066 + WTCV).......................... + 39 PRODUCTION BASE SUPPORT (WOCV- 2,651 2,651 + WTCV).......................... + TOTAL PROCUREMENT OF W&TCV, ARMY 4,715,566 4,889,766 + + PROCUREMENT OF AMMUNITION, ARMY + SMALL/MEDIUM CAL AMMUNITION + 1 CTG, 5.56MM, ALL TYPES.......... 0 68,949 + Transfer back to base [68,949] + funding..................... + 2 CTG, 7.62MM, ALL TYPES.......... 0 114,228 + Transfer back to base [114,228] + funding..................... + 3 CTG, HANDGUN, ALL TYPES......... 0 17,807 + Transfer back to base [17,807] + funding..................... + 4 CTG, .50 CAL, ALL TYPES......... 0 63,966 + Transfer back to base [63,966] + funding..................... + 5 CTG, 20MM, ALL TYPES............ 0 35,920 + Transfer back to base [35,920] + funding..................... + 6 CTG, 25MM, ALL TYPES............ 0 8,990 + Transfer back to base [8,990] + funding..................... + 7 CTG, 30MM, ALL TYPES............ 0 68,813 + Transfer back to base [68,813] + funding..................... + 8 CTG, 40MM, ALL TYPES............ 0 103,952 + Transfer back to base [103,952] + funding..................... + MORTAR AMMUNITION + 9 60MM MORTAR, ALL TYPES.......... 0 50,580 + Transfer back to base [50,580] + funding..................... + 10 81MM MORTAR, ALL TYPES.......... 0 59,373 + Transfer back to base [59,373] + funding..................... + 11 120MM MORTAR, ALL TYPES......... 0 125,452 + Transfer back to base [125,452] + funding..................... + TANK AMMUNITION + 12 CARTRIDGES, TANK, 105MM AND 0 171,284 + 120MM, ALL TYPES............... + Transfer back to base [171,284] + funding..................... + ARTILLERY AMMUNITION + 13 ARTILLERY CARTRIDGES, 75MM & 0 44,675 + 105MM, ALL TYPES............... + Transfer back to base [44,675] + funding..................... + 14 ARTILLERY PROJECTILE, 155MM, ALL 0 266,037 + TYPES.......................... + Transfer back to base [266,037] + funding..................... + 15 PROJ 155MM EXTENDED RANGE M982.. 0 57,434 + Transfer back to base [57,434] + funding..................... + 16 ARTILLERY PROPELLANTS, FUZES AND 0 271,602 + PRIMERS, ALL................... + Transfer back to base [271,602] + funding..................... + MINES + 17 MINES & CLEARING CHARGES, ALL 0 55,433 + TYPES.......................... + Transfer back to base [55,433] + funding..................... + ROCKETS + 18 SHOULDER LAUNCHED MUNITIONS, ALL 0 74,878 + TYPES.......................... + Transfer back to base [74,878] + funding..................... + 19 ROCKET, HYDRA 70, ALL TYPES..... 0 175,994 + Transfer back to base [175,994] + funding..................... + OTHER AMMUNITION + 20 CAD/PAD, ALL TYPES.............. 0 7,595 + Transfer back to base [7,595] + funding..................... + 21 DEMOLITION MUNITIONS, ALL TYPES. 0 51,651 + Transfer back to base [51,651] + funding..................... + 22 GRENADES, ALL TYPES............. 0 40,592 + Transfer back to base [40,592] + funding..................... + 23 SIGNALS, ALL TYPES.............. 0 18,609 + Transfer back to base [18,609] + funding..................... + 24 SIMULATORS, ALL TYPES........... 0 16,054 + Transfer back to base [16,054] + funding..................... + MISCELLANEOUS + 25 AMMO COMPONENTS, ALL TYPES...... 0 5,261 + Transfer back to base [5,261] + funding..................... + 26 NON-LETHAL AMMUNITION, ALL TYPES 0 715 + Transfer back to base [715] + funding..................... + 27 ITEMS LESS THAN $5 MILLION 0 9,213 + (AMMO)......................... + Transfer back to base [9,213] + funding..................... + 28 AMMUNITION PECULIAR EQUIPMENT... 0 10,044 + Transfer back to base [10,044] + funding..................... + 29 FIRST DESTINATION TRANSPORTATION 0 18,492 + (AMMO)......................... + Transfer back to base [18,492] + funding..................... + 30 CLOSEOUT LIABILITIES............ 0 99 + Transfer back to base [99] + funding..................... + PRODUCTION BASE SUPPORT + 31 INDUSTRIAL FACILITIES........... 0 474,511 + Transfer back to base [474,511] + funding..................... + 32 CONVENTIONAL MUNITIONS 0 202,512 + DEMILITARIZATION............... + Transfer back to base [202,512] + funding..................... + 33 ARMS INITIATIVE................. 0 3,833 + Transfer back to base [3,833] + funding..................... + TOTAL PROCUREMENT OF AMMUNITION, 0 2,694,548 + ARMY........................... + + OTHER PROCUREMENT, ARMY + TACTICAL VEHICLES + 1 TACTICAL TRAILERS/DOLLY SETS.... 12,993 12,993 + 2 SEMITRAILERS, FLATBED:.......... 102,386 102,386 + 3 AMBULANCE, 4 LITTER, 5/4 TON, 127,271 127,271 + 4X4............................ + 4 GROUND MOBILITY VEHICLES (GMV).. 37,038 37,038 + 6 JOINT LIGHT TACTICAL VEHICLE.... 996,007 956,507 + Army requested realignment.. [-4,500] + Early to need............... [-35,000] + 7 TRUCK, DUMP, 20T (CCE).......... 10,838 10,838 + 8 FAMILY OF MEDIUM TACTICAL VEH 72,057 72,057 + (FMTV)......................... + 9 FIRETRUCKS & ASSOCIATED 28,048 28,048 + FIREFIGHTING EQUIP............. + 10 FAMILY OF HEAVY TACTICAL 9,969 9,969 + VEHICLES (FHTV)................ + 11 PLS ESP......................... 6,280 6,280 + 12 HVY EXPANDED MOBILE TACTICAL 30,841 30,841 + TRUCK EXT SERV................. + 13 HMMWV RECAPITALIZATION PROGRAM.. 5,734 5,734 + 14 TACTICAL WHEELED VEHICLE 45,113 45,113 + PROTECTION KITS................ + 15 MODIFICATION OF IN SVC EQUIP.... 58,946 58,946 + NON-TACTICAL VEHICLES + 17 HEAVY ARMORED VEHICLE........... 791 791 + 18 PASSENGER CARRYING VEHICLES..... 1,416 1,416 + 19 NONTACTICAL VEHICLES, OTHER..... 29,891 29,891 + COMM--JOINT COMMUNICATIONS + 21 SIGNAL MODERNIZATION PROGRAM.... 153,933 153,933 + 22 TACTICAL NETWORK TECHNOLOGY MOD 387,439 387,439 + IN SVC......................... + 23 SITUATION INFORMATION TRANSPORT. 46,693 46,693 + 25 JCSE EQUIPMENT (USRDECOM)....... 5,075 5,075 + COMM--SATELLITE COMMUNICATIONS + 28 DEFENSE ENTERPRISE WIDEBAND 101,189 101,189 + SATCOM SYSTEMS................. + 29 TRANSPORTABLE TACTICAL COMMAND 77,141 77,141 + COMMUNICATIONS................. + 30 SHF TERM........................ 16,054 16,054 + 31 ASSURED POSITIONING, NAVIGATION 41,074 41,074 + AND TIMING..................... + 32 SMART-T (SPACE)................. 10,515 10,515 + 33 GLOBAL BRDCST SVC--GBS.......... 11,800 11,800 + 34 ENROUTE MISSION COMMAND (EMC)... 8,609 8,609 + COMM--C3 SYSTEM + 38 COE TACTICAL SERVER 77,533 77,533 + INFRASTRUCTURE (TSI)........... + COMM--COMBAT COMMUNICATIONS + 39 HANDHELD MANPACK SMALL FORM FIT 468,026 468,026 + (HMS).......................... + 40 RADIO TERMINAL SET, MIDS LVT(2). 23,778 23,778 + 44 SPIDER FAMILY OF NETWORKED 10,930 10,930 + MUNITIONS INCR................. + 46 UNIFIED COMMAND SUITE........... 9,291 9,291 + 47 COTS COMMUNICATIONS EQUIPMENT... 55,630 55,630 + 48 FAMILY OF MED COMM FOR COMBAT 16,590 16,590 + CASUALTY CARE.................. + 49 ARMY COMMUNICATIONS & 43,457 43,457 + ELECTRONICS.................... + COMM--INTELLIGENCE COMM + 51 CI AUTOMATION ARCHITECTURE (MIP) 10,470 10,470 + 52 DEFENSE MILITARY DECEPTION 3,704 3,704 + INITIATIVE..................... + INFORMATION SECURITY + 53 FAMILY OF BIOMETRICS............ 1,000 1,000 + 54 INFORMATION SYSTEM SECURITY 3,600 3,600 + PROGRAM-ISSP................... + 55 COMMUNICATIONS SECURITY (COMSEC) 160,899 160,899 + 56 DEFENSIVE CYBER OPERATIONS...... 61,962 61,962 + 57 INSIDER THREAT PROGRAM--UNIT 756 756 + ACTIVITY MONITO................ + 58 PERSISTENT CYBER TRAINING 3,000 3,000 + ENVIRONMENT.................... + COMM--LONG HAUL COMMUNICATIONS + 59 BASE SUPPORT COMMUNICATIONS..... 31,770 31,770 + COMM--BASE COMMUNICATIONS + 60 INFORMATION SYSTEMS............. 159,009 159,009 + 61 EMERGENCY MANAGEMENT 4,854 4,854 + MODERNIZATION PROGRAM.......... + 62 HOME STATION MISSION COMMAND 47,174 47,174 + CENTERS (HSMCC)................ + 63 INSTALLATION INFO INFRASTRUCTURE 297,994 297,994 + MOD PROGRAM.................... + ELECT EQUIP--TACT INT REL ACT + (TIARA) + 66 JTT/CIBS-M (MIP)................ 7,686 7,686 + 68 DCGS-A (MIP).................... 180,350 180,350 + 70 TROJAN (MIP).................... 17,368 17,368 + 71 MOD OF IN-SVC EQUIP (INTEL SPT) 59,052 59,052 + (MIP).......................... + ELECT EQUIP--ELECTRONIC WARFARE + (EW) + 77 LIGHTWEIGHT COUNTER MORTAR RADAR 5,400 5,400 + 78 EW PLANNING & MANAGEMENT TOOLS 7,568 7,568 + (EWPMT)........................ + 79 AIR VIGILANCE (AV) (MIP)........ 8,953 8,953 + 81 MULTI-FUNCTION ELECTRONIC 6,420 6,420 + WARFARE (MFEW) SYST............ + 83 COUNTERINTELLIGENCE/SECURITY 501 501 + COUNTERMEASURES................ + 84 CI MODERNIZATION (MIP).......... 121 121 + ELECT EQUIP--TACTICAL SURV. (TAC + SURV) + 85 SENTINEL MODS................... 115,210 115,210 + 86 NIGHT VISION DEVICES............ 236,604 236,604 + 88 SMALL TACTICAL OPTICAL RIFLE 22,623 22,623 + MOUNTED MLRF................... + 90 INDIRECT FIRE PROTECTION FAMILY 29,127 29,127 + OF SYSTEMS..................... + 91 FAMILY OF WEAPON SIGHTS (FWS)... 120,883 120,883 + 94 JOINT BATTLE COMMAND--PLATFORM 265,667 265,667 + (JBC-P)........................ + 95 JOINT EFFECTS TARGETING SYSTEM 69,720 69,720 + (JETS)......................... + 96 MOD OF IN-SVC EQUIP (LLDR)...... 6,044 6,044 + 97 COMPUTER BALLISTICS: LHMBC XM32. 3,268 3,268 + 98 MORTAR FIRE CONTROL SYSTEM...... 13,199 13,199 + 99 MORTAR FIRE CONTROL SYSTEMS 10,000 10,000 + MODIFICATIONS.................. + 100 COUNTERFIRE RADARS.............. 16,416 78,916 + UPL Retrofits systems with [62,500] + GaN tech for ER............. + ELECT EQUIP--TACTICAL C2 SYSTEMS + 102 FIRE SUPPORT C2 FAMILY.......... 13,197 13,197 + 103 AIR & MSL DEFENSE PLANNING & 24,730 24,730 + CONTROL SYS.................... + 104 IAMD BATTLE COMMAND SYSTEM...... 29,629 29,629 + 105 LIFE CYCLE SOFTWARE SUPPORT 6,774 6,774 + (LCSS)......................... + 106 NETWORK MANAGEMENT 24,448 24,448 + INITIALIZATION AND SERVICE..... + 107 MANEUVER CONTROL SYSTEM (MCS)... 260 260 + 108 GLOBAL COMBAT SUPPORT SYSTEM- 17,962 17,962 + ARMY (GCSS-A).................. + 109 INTEGRATED PERSONNEL AND PAY 18,674 0 + SYSTEM-ARMY (IPP............... + Poor business process [-18,674] + reengineering............... + 110 RECONNAISSANCE AND SURVEYING 11,000 11,000 + INSTRUMENT SET................. + 111 MOD OF IN-SVC EQUIPMENT (ENFIRE) 7,317 7,317 + ELECT EQUIP--AUTOMATION + 112 ARMY TRAINING MODERNIZATION..... 14,578 14,578 + 113 AUTOMATED DATA PROCESSING EQUIP. 139,342 147,342 + JIOCEUR at RAF Molesworth... [8,000] + 114 GENERAL FUND ENTERPRISE BUSINESS 15,802 15,802 + SYSTEMS FAM.................... + 115 HIGH PERF COMPUTING MOD PGM 67,610 67,610 + (HPCMP)........................ + 116 CONTRACT WRITING SYSTEM......... 15,000 0 + Program duplication......... [-15,000] + 117 CSS COMMUNICATIONS.............. 24,700 24,700 + 118 RESERVE COMPONENT AUTOMATION SYS 27,879 27,879 + (RCAS)......................... + ELECT EQUIP--AUDIO VISUAL SYS (A/ + V) + 120 ITEMS LESS THAN $5M (SURVEYING 5,000 5,000 + EQUIPMENT)..................... + ELECT EQUIP--SUPPORT + 122 BCT EMERGING TECHNOLOGIES....... 22,302 22,302 + CLASSIFIED PROGRAMS + 999 CLASSIFIED PROGRAMS............. 3,710 11,910 + Transfer back to base [8,200] + funding..................... + CHEMICAL DEFENSIVE EQUIPMENT + 126 CBRN DEFENSE.................... 25,828 25,828 + 127 SMOKE & OBSCURANT FAMILY: SOF 5,050 5,050 + (NON AAO ITEM)................. + BRIDGING EQUIPMENT + 128 TACTICAL BRIDGING............... 59,821 59,821 + 129 TACTICAL BRIDGE, FLOAT-RIBBON... 57,661 57,661 + 130 BRIDGE SUPPLEMENTAL SET......... 17,966 17,966 + 131 COMMON BRIDGE TRANSPORTER (CBT) 43,155 43,155 + RECAP.......................... + ENGINEER (NON-CONSTRUCTION) + EQUIPMENT + 132 HANDHELD STANDOFF MINEFIELD 7,570 7,570 + DETECTION SYS-HST.............. + 133 GRND STANDOFF MINE DETECTN SYSM 37,025 37,025 + (GSTAMIDS)..................... + 135 HUSKY MOUNTED DETECTION SYSTEM 83,082 83,082 + (HMDS)......................... + 136 ROBOTIC COMBAT SUPPORT SYSTEM 2,000 2,000 + (RCSS)......................... + 137 EOD ROBOTICS SYSTEMS 23,115 23,115 + RECAPITALIZATION............... + 138 ROBOTICS AND APPLIQUE SYSTEMS... 101,056 113,856 + Army requested realignment.. [12,800] + 140 RENDER SAFE SETS KITS OUTFITS... 18,684 18,684 + 142 FAMILY OF BOATS AND MOTORS...... 8,245 8,245 + COMBAT SERVICE SUPPORT EQUIPMENT + 143 HEATERS AND ECU'S............... 7,336 7,336 + 145 PERSONNEL RECOVERY SUPPORT 4,281 4,281 + SYSTEM (PRSS).................. + 146 GROUND SOLDIER SYSTEM........... 111,955 111,955 + 147 MOBILE SOLDIER POWER............ 31,364 31,364 + 149 FIELD FEEDING EQUIPMENT......... 1,673 1,673 + 150 CARGO AERIAL DEL & PERSONNEL 43,622 43,622 + PARACHUTE SYSTEM............... + 151 FAMILY OF ENGR COMBAT AND 11,451 11,451 + CONSTRUCTION SETS.............. + 152 ITEMS LESS THAN $5M (ENG SPT)... 5,167 5,167 + PETROLEUM EQUIPMENT + 154 DISTRIBUTION SYSTEMS, PETROLEUM 74,867 74,867 + & WATER........................ + MEDICAL EQUIPMENT + 155 COMBAT SUPPORT MEDICAL.......... 68,225 68,225 + MAINTENANCE EQUIPMENT + 156 MOBILE MAINTENANCE EQUIPMENT 55,053 55,053 + SYSTEMS........................ + 157 ITEMS LESS THAN $5.0M (MAINT EQ) 5,608 5,608 + CONSTRUCTION EQUIPMENT + 161 HYDRAULIC EXCAVATOR............. 500 500 + 162 TRACTOR, FULL TRACKED........... 4,835 4,835 + 163 ALL TERRAIN CRANES.............. 23,936 23,936 + 164 HIGH MOBILITY ENGINEER EXCAVATOR 27,188 27,188 + (HMEE)......................... + 166 CONST EQUIP ESP................. 34,790 34,790 + 167 ITEMS LESS THAN $5.0M (CONST 4,381 4,381 + EQUIP)......................... + RAIL FLOAT CONTAINERIZATION + EQUIPMENT + 168 ARMY WATERCRAFT ESP............. 35,194 35,194 + 169 MANEUVER SUPPORT VESSEL (MSV)... 14,185 14,185 + 170 ITEMS LESS THAN $5.0M (FLOAT/ 6,920 6,920 + RAIL).......................... + GENERATORS + 171 GENERATORS AND ASSOCIATED EQUIP. 58,566 58,566 + 172 TACTICAL ELECTRIC POWER 14,814 14,814 + RECAPITALIZATION............... + MATERIAL HANDLING EQUIPMENT + 173 FAMILY OF FORKLIFTS............. 14,864 14,864 + TRAINING EQUIPMENT + 174 COMBAT TRAINING CENTERS SUPPORT. 123,411 123,411 + 175 TRAINING DEVICES, NONSYSTEM..... 220,707 220,707 + 176 SYNTHETIC TRAINING ENVIRONMENT 20,749 20,749 + (STE).......................... + 178 AVIATION COMBINED ARMS TACTICAL 4,840 4,840 + TRAINER........................ + 179 GAMING TECHNOLOGY IN SUPPORT OF 15,463 15,463 + ARMY TRAINING.................. + TEST MEASURE AND DIG EQUIPMENT + (TMD) + 180 CALIBRATION SETS EQUIPMENT...... 3,030 3,030 + 181 INTEGRATED FAMILY OF TEST 76,980 76,980 + EQUIPMENT (IFTE)............... + 182 TEST EQUIPMENT MODERNIZATION 16,415 16,415 + (TEMOD)........................ + OTHER SUPPORT EQUIPMENT + 184 RAPID EQUIPPING SOLDIER SUPPORT 9,877 9,877 + EQUIPMENT...................... + 185 PHYSICAL SECURITY SYSTEMS (OPA3) 82,158 82,158 + 186 BASE LEVEL COMMON EQUIPMENT..... 15,340 15,340 + 187 MODIFICATION OF IN-SVC EQUIPMENT 50,458 50,458 + (OPA-3)........................ + 189 BUILDING, PRE-FAB, RELOCATABLE.. 14,400 14,400 + 190 SPECIAL EQUIPMENT FOR USER 9,821 9,821 + TESTING........................ + OPA2 + 192 INITIAL SPARES--C&E............. 9,757 9,757 + TOTAL OTHER PROCUREMENT, ARMY... 7,443,101 7,461,427 + + AIRCRAFT PROCUREMENT, NAVY + COMBAT AIRCRAFT + 1 F/A-18E/F (FIGHTER) HORNET...... 1,748,934 1,748,934 + 2 F/A-18E/F (FIGHTER) HORNET AP... 55,128 55,128 + 3 JOINT STRIKE FIGHTER CV......... 2,272,301 2,487,301 + UPL USMC additional [215,000] + quantities.................. + 4 JOINT STRIKE FIGHTER CV AP...... 339,053 339,053 + 5 JSF STOVL....................... 1,342,035 1,591,135 + UPL USMC additional [249,100] + quantities.................. + 6 JSF STOVL AP.................... 291,804 291,804 + 7 CH-53K (HEAVY LIFT)............. 807,876 807,876 + 8 CH-53K (HEAVY LIFT) AP.......... 215,014 215,014 + 9 V-22 (MEDIUM LIFT).............. 966,666 966,666 + 10 V-22 (MEDIUM LIFT) AP........... 27,104 27,104 + 11 H-1 UPGRADES (UH-1Y/AH-1Z)...... 62,003 62,003 + 13 MH-60R (MYP).................... 894 894 + 14 P-8A POSEIDON................... 1,206,701 1,206,701 + 16 E-2D ADV HAWKEYE................ 744,484 744,484 + 17 E-2D ADV HAWKEYE AP............. 190,204 190,204 + TRAINER AIRCRAFT + 19 ADVANCED HELICOPTER TRAINING 261,160 261,160 + SYSTEM......................... + OTHER AIRCRAFT + 20 KC-130J......................... 240,840 240,840 + 21 KC-130J AP...................... 66,061 66,061 + 22 F-5............................. 39,676 0 + Program cancellation........ [-39,676] + 23 MQ-4 TRITON..................... 473,134 473,134 + 24 MQ-4 TRITON AP.................. 20,139 20,139 + 25 MQ-8 UAV........................ 44,957 44,957 + 26 STUASL0 UAV..................... 43,819 43,819 + 28 VH-92A EXECUTIVE HELO........... 658,067 658,067 + MODIFICATION OF AIRCRAFT + 29 AEA SYSTEMS..................... 44,470 44,470 + 30 AV-8 SERIES..................... 39,472 39,472 + 31 ADVERSARY....................... 3,415 3,415 + 32 F-18 SERIES..................... 1,207,089 1,207,089 + 33 H-53 SERIES..................... 68,385 68,385 + 34 MH-60 SERIES.................... 149,797 149,797 + 35 H-1 SERIES...................... 114,059 114,059 + 36 EP-3 SERIES..................... 8,655 8,655 + 38 E-2 SERIES...................... 117,059 117,059 + 39 TRAINER A/C SERIES.............. 5,616 5,616 + 40 C-2A............................ 15,747 15,747 + 41 C-130 SERIES.................... 122,671 122,671 + 42 FEWSG........................... 509 509 + 43 CARGO/TRANSPORT A/C SERIES...... 8,767 8,767 + 44 E-6 SERIES...................... 169,827 169,827 + 45 EXECUTIVE HELICOPTERS SERIES.... 8,933 8,933 + 47 T-45 SERIES..................... 186,022 186,022 + 48 POWER PLANT CHANGES............. 16,136 16,136 + 49 JPATS SERIES.................... 21,824 21,824 + 50 AVIATION LIFE SUPPORT MODS...... 39,762 39,762 + 51 COMMON ECM EQUIPMENT............ 162,839 162,839 + 52 COMMON AVIONICS CHANGES......... 102,107 102,107 + 53 COMMON DEFENSIVE WEAPON SYSTEM.. 2,100 2,100 + 54 ID SYSTEMS...................... 41,437 41,437 + 55 P-8 SERIES...................... 107,539 107,539 + 56 MAGTF EW FOR AVIATION........... 26,536 26,536 + 57 MQ-8 SERIES..................... 34,686 34,686 + 58 V-22 (TILT/ROTOR ACFT) OSPREY... 325,367 325,367 + 59 NEXT GENERATION JAMMER (NGJ).... 6,223 6,223 + 60 F-35 STOVL SERIES............... 65,585 65,585 + 61 F-35 CV SERIES.................. 15,358 15,358 + 62 QRC............................. 165,016 165,016 + 63 MQ-4 SERIES..................... 27,994 27,994 + 64 RQ-21 SERIES.................... 66,282 66,282 + AIRCRAFT SPARES AND REPAIR PARTS + 67 SPARES AND REPAIR PARTS......... 2,166,788 2,235,088 + F-35B spares................ [14,900] + F-35C spares................ [24,600] + UPL F-35B engine............ [28,800] + AIRCRAFT SUPPORT EQUIP & + FACILITIES + 68 COMMON GROUND EQUIPMENT......... 491,025 491,025 + 69 AIRCRAFT INDUSTRIAL FACILITIES.. 71,335 71,335 + 70 WAR CONSUMABLES................. 41,086 41,086 + 72 SPECIAL SUPPORT EQUIPMENT....... 135,740 135,740 + 73 FIRST DESTINATION TRANSPORTATION 892 892 + TOTAL AIRCRAFT PROCUREMENT, NAVY 18,522,204 19,014,928 + + WEAPONS PROCUREMENT, NAVY + MODIFICATION OF MISSILES + 1 TRIDENT II MODS................. 0 1,177,251 + Transfer back to base [1,177,251] + funding..................... + SUPPORT EQUIPMENT & FACILITIES + 2 MISSILE INDUSTRIAL FACILITIES... 0 7,142 + Transfer back to base [7,142] + funding..................... + STRATEGIC MISSILES + 3 TOMAHAWK........................ 0 330,430 + Transfer back to base [386,730] + funding..................... + Unjustified tooling and [-56,300] + facilitization costs........ + TACTICAL MISSILES + 4 AMRAAM.......................... 0 224,502 + Transfer back to base [224,502] + funding..................... + 5 SIDEWINDER...................... 0 119,456 + Transfer back to base [119,456] + funding..................... + 7 STANDARD MISSILE................ 0 404,523 + Transfer back to base [404,523] + funding..................... + 8 STANDARD MISSILE AP............. 0 96,085 + Transfer back to base [96,085] + funding..................... + 9 SMALL DIAMETER BOMB II.......... 0 118,466 + Transfer back to base [118,466] + funding..................... + 10 RAM............................. 0 106,765 + Transfer back to base [106,765] + funding..................... + 12 HELLFIRE........................ 0 1,525 + Transfer back to base [1,525] + funding..................... + 15 AERIAL TARGETS.................. 0 145,880 + Transfer back to base [145,880] + funding..................... + 16 DRONES AND DECOYS............... 0 20,000 + Transfer back to base [20,000] + funding..................... + 17 OTHER MISSILE SUPPORT........... 0 3,388 + Transfer back to base [3,388] + funding..................... + 18 LRASM........................... 0 143,200 + Transfer back to base [143,200] + funding..................... + 19 LCS OTH MISSILE................. 0 18,137 + Transfer back to base [38,137] + funding..................... + Unjustified accelerated [-20,000] + acquisition strategy........ + MODIFICATION OF MISSILES + 20 ESSM............................ 0 128,059 + Transfer back to base [128,059] + funding..................... + 21 HARPOON MODS.................... 0 25,447 + Transfer back to base [25,447] + funding..................... + 22 HARM MODS....................... 0 183,740 + Transfer back to base [183,740] + funding..................... + 23 STANDARD MISSILES MODS.......... 0 22,500 + Transfer back to base [22,500] + funding..................... + SUPPORT EQUIPMENT & FACILITIES + 24 WEAPONS INDUSTRIAL FACILITIES... 0 1,958 + Transfer back to base [1,958] + funding..................... + 25 FLEET SATELLITE COMM FOLLOW-ON.. 0 67,380 + Transfer back to base [67,380] + funding..................... + ORDNANCE SUPPORT EQUIPMENT + 27 ORDNANCE SUPPORT EQUIPMENT...... 0 109,427 + Transfer back to base [109,427] + funding..................... + TORPEDOES AND RELATED EQUIP + 28 SSTD............................ 0 5,561 + Transfer back to base [5,561] + funding..................... + 29 MK-48 TORPEDO................... 0 130,000 + Transfer back to base [114,000] + funding..................... + UPL additional quantites.... [16,000] + 30 ASW TARGETS..................... 0 15,095 + Transfer back to base [15,095] + funding..................... + MOD OF TORPEDOES AND RELATED + EQUIP + 31 MK-54 TORPEDO MODS.............. 0 119,453 + Transfer back to base [119,453] + funding..................... + 32 MK-48 TORPEDO ADCAP MODS........ 0 39,508 + Transfer back to base [39,508] + funding..................... + 33 QUICKSTRIKE MINE................ 0 5,183 + Transfer back to base [5,183] + funding..................... + SUPPORT EQUIPMENT + 34 TORPEDO SUPPORT EQUIPMENT....... 0 79,028 + Transfer back to base [79,028] + funding..................... + 35 ASW RANGE SUPPORT............... 0 3,890 + Transfer back to base [3,890] + funding..................... + DESTINATION TRANSPORTATION + 36 FIRST DESTINATION TRANSPORTATION 0 3,803 + Transfer back to base [3,803] + funding..................... + GUNS AND GUN MOUNTS + 37 SMALL ARMS AND WEAPONS.......... 0 14,797 + Transfer back to base [14,797] + funding..................... + MODIFICATION OF GUNS AND GUN + MOUNTS + 38 CIWS MODS....................... 0 44,126 + Transfer back to base [44,126] + funding..................... + 39 COAST GUARD WEAPONS............. 0 44,980 + Transfer back to base [44,980] + funding..................... + 40 GUN MOUNT MODS.................. 0 66,376 + Transfer back to base [66,376] + funding..................... + 41 LCS MODULE WEAPONS.............. 0 14,585 + Transfer back to base [14,585] + funding..................... + 43 AIRBORNE MINE NEUTRALIZATION 0 7,160 + SYSTEMS........................ + Transfer back to base [7,160] + funding..................... + SPARES AND REPAIR PARTS + 45 SPARES AND REPAIR PARTS......... 0 126,138 + Transfer back to base [126,138] + funding..................... + TOTAL WEAPONS PROCUREMENT, NAVY. 0 4,174,944 + + PROCUREMENT OF AMMO, NAVY & MC + NAVY AMMUNITION + 1 GENERAL PURPOSE BOMBS........... 0 36,028 + Transfer back to base [36,028] + funding..................... + 2 JDAM............................ 0 70,413 + Transfer back to base [70,413] + funding..................... + 3 AIRBORNE ROCKETS, ALL TYPES..... 0 31,756 + Transfer back to base [31,756] + funding..................... + 4 MACHINE GUN AMMUNITION.......... 0 4,793 + Transfer back to base [4,793] + funding..................... + 5 PRACTICE BOMBS.................. 0 34,708 + Transfer back to base [34,708] + funding..................... + 6 CARTRIDGES & CART ACTUATED 0 45,738 + DEVICES........................ + Transfer back to base [45,738] + funding..................... + 7 AIR EXPENDABLE COUNTERMEASURES.. 0 77,301 + Transfer back to base [77,301] + funding..................... + 8 JATOS........................... 0 7,262 + Transfer back to base [7,262] + funding..................... + 9 5 INCH/54 GUN AMMUNITION........ 0 22,594 + Transfer back to base [22,594] + funding..................... + 10 INTERMEDIATE CALIBER GUN 0 37,193 + AMMUNITION..................... + Transfer back to base [37,193] + funding..................... + 11 OTHER SHIP GUN AMMUNITION....... 0 39,491 + Transfer back to base [39,491] + funding..................... + 12 SMALL ARMS & LANDING PARTY AMMO. 0 47,896 + Transfer back to base [47,896] + funding..................... + 13 PYROTECHNIC AND DEMOLITION...... 0 10,621 + Transfer back to base [10,621] + funding..................... + 15 AMMUNITION LESS THAN $5 MILLION. 0 2,386 + Transfer back to base [2,386] + funding..................... + MARINE CORPS AMMUNITION + 16 MORTARS......................... 0 55,543 + Transfer back to base [55,543] + funding..................... + 17 DIRECT SUPPORT MUNITIONS........ 0 131,765 + Transfer back to base [131,765] + funding..................... + 18 INFANTRY WEAPONS AMMUNITION..... 0 78,056 + Transfer back to base [78,056] + funding..................... + 19 COMBAT SUPPORT MUNITIONS........ 0 40,048 + Transfer back to base [40,048] + funding..................... + 20 AMMO MODERNIZATION.............. 0 14,325 + Transfer back to base [14,325] + funding..................... + 21 ARTILLERY MUNITIONS............. 0 188,876 + Transfer back to base [188,876] + funding..................... + 22 ITEMS LESS THAN $5 MILLION...... 0 4,521 + Transfer back to base [4,521] + funding..................... + TOTAL PROCUREMENT OF AMMO, NAVY 0 981,314 + & MC........................... + + SHIPBUILDING AND CONVERSION, + NAVY + FLEET BALLISTIC MISSILE SHIPS + 1 OHIO REPLACEMENT SUBMARINE AP... 1,698,907 1,823,907 + Submarine industrial base [125,000] + expansion................... + OTHER WARSHIPS + 2 CARRIER REPLACEMENT PROGRAM..... 2,347,000 2,347,000 + 3 VIRGINIA CLASS SUBMARINE........ 7,155,946 4,691,946 + Restore VPM on SSN-804...... [522,100] + SSN-812 full funding early [-2,986,100] + to need..................... + 4 VIRGINIA CLASS SUBMARINE AP..... 2,769,552 4,269,552 + Future Virginia-class [1,500,000] + submarine(s) with VPM....... + 5 CVN REFUELING OVERHAULS......... 647,926 597,926 + CVN-74 RCOH unjustified cost [-50,000] + growth...................... + 6 CVN REFUELING OVERHAULS AP...... 0 16,900 + Restore CVN-75 RCOH......... [16,900] + 7 DDG 1000........................ 155,944 155,944 + 8 DDG-51.......................... 5,099,295 5,079,295 + Available prior year funds.. [-20,000] + 9 DDG-51 AP....................... 224,028 484,028 + Accelerate LLTM for FY21 [260,000] + Flight III destroyers....... + 11 FFG-FRIGATE..................... 1,281,177 1,281,177 + AMPHIBIOUS SHIPS + 12 LPD FLIGHT II................... 0 525,000 + LPD-31 program increase..... [277,900] + Transfer from SCN line 13... [247,100] + 13 LPD FLIGHT II AP................ 247,100 0 + Transfer to SCN line 12..... [-247,100] + 15 LHA REPLACEMENT................. 0 650,000 + LHA-9 program increase...... [650,000] + AUXILIARIES, CRAFT AND PRIOR YR + PROGRAM COST + 18 TAO FLEET OILER................. 981,215 981,215 + 19 TAO FLEET OILER AP.............. 73,000 73,000 + 20 TOWING, SALVAGE, AND RESCUE SHIP 150,282 150,282 + (ATS).......................... + 22 LCU 1700........................ 85,670 85,670 + 23 OUTFITTING...................... 754,679 704,679 + Early to need and [-50,000] + unjustified cost growth..... + 25 SERVICE CRAFT................... 56,289 81,789 + Accelerate YP-703 Flight II. [25,500] + 28 COMPLETION OF PY SHIPBUILDING 55,700 104,700 + PROGRAMS....................... + UPL EPF-14 conversion....... [49,000] + 29 SHIP TO SHORE CONNECTOR AP...... 0 40,400 + Program increase............ [40,400] + TOTAL SHIPBUILDING AND 23,783,710 24,144,410 + CONVERSION, NAVY............... + + OTHER PROCUREMENT, NAVY + SHIP PROPULSION EQUIPMENT + 1 SURFACE POWER EQUIPMENT......... 14,490 14,490 + GENERATORS + 2 SURFACE COMBATANT HM&E.......... 31,583 50,583 + UPL DDG-51 class HM&E [19,000] + upgrades.................... + NAVIGATION EQUIPMENT + 3 OTHER NAVIGATION EQUIPMENT...... 77,404 77,404 + OTHER SHIPBOARD EQUIPMENT + 4 SUB PERISCOPE, IMAGING AND SUPT 160,803 160,803 + EQUIP PROG..................... + 5 DDG MOD......................... 566,140 566,140 + 6 FIREFIGHTING EQUIPMENT.......... 18,223 18,223 + 7 COMMAND AND CONTROL SWITCHBOARD. 2,086 2,086 + 8 LHA/LHD MIDLIFE................. 95,651 95,651 + 9 POLLUTION CONTROL EQUIPMENT..... 23,910 23,910 + 10 SUBMARINE SUPPORT EQUIPMENT..... 44,895 44,895 + 11 VIRGINIA CLASS SUPPORT EQUIPMENT 28,465 28,465 + 12 LCS CLASS SUPPORT EQUIPMENT..... 19,426 19,426 + 13 SUBMARINE BATTERIES............. 26,290 26,290 + 14 LPD CLASS SUPPORT EQUIPMENT..... 46,945 46,945 + 15 DDG 1000 CLASS SUPPORT EQUIPMENT 9,930 9,930 + 16 STRATEGIC PLATFORM SUPPORT EQUIP 14,331 14,331 + 17 DSSP EQUIPMENT.................. 2,909 2,909 + 18 CG MODERNIZATION................ 193,990 193,990 + 19 LCAC............................ 3,392 3,392 + 20 UNDERWATER EOD PROGRAMS......... 71,240 82,240 + Program increase for four [11,000] + ExMCM companies............. + 21 ITEMS LESS THAN $5 MILLION...... 102,543 102,543 + 22 CHEMICAL WARFARE DETECTORS...... 2,961 2,961 + 23 SUBMARINE LIFE SUPPORT SYSTEM... 6,635 6,635 + REACTOR PLANT EQUIPMENT + 24 REACTOR POWER UNITS............. 5,340 5,340 + 25 REACTOR COMPONENTS.............. 465,726 465,726 + OCEAN ENGINEERING + 26 DIVING AND SALVAGE EQUIPMENT.... 11,854 11,854 + SMALL BOATS + 27 STANDARD BOATS.................. 79,102 79,102 + PRODUCTION FACILITIES EQUIPMENT + 28 OPERATING FORCES IPE............ 202,238 202,238 + OTHER SHIP SUPPORT + 29 LCS COMMON MISSION MODULES 51,553 51,553 + EQUIPMENT...................... + 30 LCS MCM MISSION MODULES......... 197,129 67,329 + Procurement ahead of [-129,800] + satisfactory testing........ + 31 LCS ASW MISSION MODULES......... 27,754 27,754 + 32 LCS SUW MISSION MODULES......... 26,566 26,566 + 33 LCS IN-SERVICE MODERNIZATION.... 84,972 84,972 + 34 SMALL & MEDIUM UUV.............. 40,547 10,647 + Knifefish procurement ahead [-29,900] + of satisfactory testing..... + LOGISTIC SUPPORT + 35 LSD MIDLIFE & MODERNIZATION..... 40,269 40,269 + SHIP SONARS + 36 SPQ-9B RADAR.................... 26,195 26,195 + 37 AN/SQQ-89 SURF ASW COMBAT SYSTEM 125,237 125,237 + 38 SSN ACOUSTIC EQUIPMENT.......... 366,968 366,968 + 39 UNDERSEA WARFARE SUPPORT 8,967 8,967 + EQUIPMENT...................... + ASW ELECTRONIC EQUIPMENT + 40 SUBMARINE ACOUSTIC WARFARE 23,545 23,545 + SYSTEM......................... + 41 SSTD............................ 12,439 12,439 + 42 FIXED SURVEILLANCE SYSTEM....... 128,441 128,441 + 43 SURTASS......................... 21,923 21,923 + ELECTRONIC WARFARE EQUIPMENT + 44 AN/SLQ-32....................... 420,154 358,154 + Early to need............... [-62,000] + RECONNAISSANCE EQUIPMENT + 45 SHIPBOARD IW EXPLOIT............ 194,758 202,758 + UPL SSEE expansion on Flight [8,000] + I DDGs...................... + 46 AUTOMATED IDENTIFICATION SYSTEM 5,368 5,368 + (AIS).......................... + OTHER SHIP ELECTRONIC EQUIPMENT + 47 COOPERATIVE ENGAGEMENT 35,128 35,128 + CAPABILITY..................... + 48 NAVAL TACTICAL COMMAND SUPPORT 15,154 15,154 + SYSTEM (NTCSS)................. + 49 ATDLS........................... 52,753 52,753 + 50 NAVY COMMAND AND CONTROL SYSTEM 3,390 3,390 + (NCCS)......................... + 51 MINESWEEPING SYSTEM REPLACEMENT. 19,448 19,448 + 52 SHALLOW WATER MCM............... 8,730 8,730 + 53 NAVSTAR GPS RECEIVERS (SPACE)... 32,674 32,674 + 54 AMERICAN FORCES RADIO AND TV 2,617 2,617 + SERVICE........................ + 55 STRATEGIC PLATFORM SUPPORT EQUIP 7,973 7,973 + AVIATION ELECTRONIC EQUIPMENT + 56 ASHORE ATC EQUIPMENT............ 72,406 72,406 + 57 AFLOAT ATC EQUIPMENT............ 67,410 67,410 + 58 ID SYSTEMS...................... 26,059 26,059 + 59 JOINT PRECISION APPROACH AND 92,695 92,695 + LANDING SYSTEM (............... + 60 NAVAL MISSION PLANNING SYSTEMS.. 15,296 15,296 + OTHER SHORE ELECTRONIC EQUIPMENT + 61 TACTICAL/MOBILE C4I SYSTEMS..... 36,226 36,226 + 62 DCGS-N.......................... 21,788 21,788 + 63 CANES........................... 426,654 426,654 + 64 RADIAC.......................... 6,450 6,450 + 65 CANES-INTELL.................... 52,713 52,713 + 66 GPETE........................... 13,028 13,028 + 67 MASF............................ 5,193 5,193 + 68 INTEG COMBAT SYSTEM TEST 6,028 6,028 + FACILITY....................... + 69 EMI CONTROL INSTRUMENTATION..... 4,209 4,209 + 70 ITEMS LESS THAN $5 MILLION...... 168,436 144,636 + NGSSR early to need......... [-23,800] + SHIPBOARD COMMUNICATIONS + 71 SHIPBOARD TACTICAL 55,853 55,853 + COMMUNICATIONS................. + 72 SHIP COMMUNICATIONS AUTOMATION.. 137,861 137,861 + 73 COMMUNICATIONS ITEMS UNDER $5M.. 35,093 35,093 + SUBMARINE COMMUNICATIONS + 74 SUBMARINE BROADCAST SUPPORT..... 50,833 50,833 + 75 SUBMARINE COMMUNICATION 69,643 69,643 + EQUIPMENT...................... + SATELLITE COMMUNICATIONS + 76 SATELLITE COMMUNICATIONS SYSTEMS 45,841 45,841 + 77 NAVY MULTIBAND TERMINAL (NMT)... 88,021 88,021 + SHORE COMMUNICATIONS + 78 JOINT COMMUNICATIONS SUPPORT 4,293 4,293 + ELEMENT (JCSE)................. + CRYPTOGRAPHIC EQUIPMENT + 79 INFO SYSTEMS SECURITY PROGRAM 166,540 166,540 + (ISSP)......................... + 80 MIO INTEL EXPLOITATION TEAM..... 968 968 + CRYPTOLOGIC EQUIPMENT + 81 CRYPTOLOGIC COMMUNICATIONS EQUIP 13,090 13,090 + OTHER ELECTRONIC SUPPORT + 83 COAST GUARD EQUIPMENT........... 61,370 61,370 + SONOBUOYS + 85 SONOBUOYS--ALL TYPES............ 260,644 310,644 + UPL Sonobuoy increase....... [50,000] + AIRCRAFT SUPPORT EQUIPMENT + 86 MINOTAUR........................ 5,000 5,000 + 87 WEAPONS RANGE SUPPORT EQUIPMENT. 101,843 101,843 + 88 AIRCRAFT SUPPORT EQUIPMENT...... 145,601 145,601 + 89 ADVANCED ARRESTING GEAR (AAG)... 4,725 4,725 + 90 METEOROLOGICAL EQUIPMENT........ 14,687 14,687 + 92 LEGACY AIRBORNE MCM............. 19,250 19,250 + 93 LAMPS EQUIPMENT................. 792 792 + 94 AVIATION SUPPORT EQUIPMENT...... 55,415 55,415 + 95 UMCS-UNMAN CARRIER 32,668 32,668 + AVIATION(UCA)MISSION CNTRL..... + SHIP GUN SYSTEM EQUIPMENT + 96 SHIP GUN SYSTEMS EQUIPMENT...... 5,451 5,451 + SHIP MISSILE SYSTEMS EQUIPMENT + 97 HARPOON SUPPORT EQUIPMENT....... 1,100 1,100 + 98 SHIP MISSILE SUPPORT EQUIPMENT.. 228,104 228,104 + 99 TOMAHAWK SUPPORT EQUIPMENT...... 78,593 78,593 + FBM SUPPORT EQUIPMENT + 100 STRATEGIC MISSILE SYSTEMS EQUIP. 280,510 280,510 + ASW SUPPORT EQUIPMENT + 101 SSN COMBAT CONTROL SYSTEMS...... 148,547 148,547 + 102 ASW SUPPORT EQUIPMENT........... 21,130 21,130 + OTHER ORDNANCE SUPPORT EQUIPMENT + 103 EXPLOSIVE ORDNANCE DISPOSAL 15,244 15,244 + EQUIP.......................... + 104 ITEMS LESS THAN $5 MILLION...... 5,071 5,071 + OTHER EXPENDABLE ORDNANCE + 105 ANTI-SHIP MISSILE DECOY SYSTEM.. 41,962 41,962 + 106 SUBMARINE TRAINING DEVICE MODS.. 75,057 75,057 + 107 SURFACE TRAINING EQUIPMENT...... 233,175 233,175 + CIVIL ENGINEERING SUPPORT + EQUIPMENT + 108 PASSENGER CARRYING VEHICLES..... 4,562 4,562 + 109 GENERAL PURPOSE TRUCKS.......... 10,974 10,974 + 110 CONSTRUCTION & MAINTENANCE EQUIP 43,191 43,191 + 111 FIRE FIGHTING EQUIPMENT......... 21,142 21,142 + 112 TACTICAL VEHICLES............... 33,432 33,432 + 114 POLLUTION CONTROL EQUIPMENT..... 2,633 2,633 + 115 ITEMS UNDER $5 MILLION.......... 53,467 53,467 + 116 PHYSICAL SECURITY VEHICLES...... 1,173 1,173 + SUPPLY SUPPORT EQUIPMENT + 117 SUPPLY EQUIPMENT................ 16,730 16,730 + 118 FIRST DESTINATION TRANSPORTATION 5,389 5,389 + 119 SPECIAL PURPOSE SUPPLY SYSTEMS.. 654,674 654,674 + TRAINING DEVICES + 120 TRAINING SUPPORT EQUIPMENT...... 3,633 3,633 + 121 TRAINING AND EDUCATION EQUIPMENT 97,636 97,636 + COMMAND SUPPORT EQUIPMENT + 122 COMMAND SUPPORT EQUIPMENT....... 66,102 59,779 + Program duplication......... [-6,323] + 123 MEDICAL SUPPORT EQUIPMENT....... 3,633 3,633 + 125 NAVAL MIP SUPPORT EQUIPMENT..... 6,097 6,097 + 126 OPERATING FORCES SUPPORT 16,905 16,905 + EQUIPMENT...................... + 127 C4ISR EQUIPMENT................. 30,146 30,146 + 128 ENVIRONMENTAL SUPPORT EQUIPMENT. 21,986 21,986 + 129 PHYSICAL SECURITY EQUIPMENT..... 160,046 160,046 + 130 ENTERPRISE INFORMATION 56,899 56,899 + TECHNOLOGY..................... + OTHER + 133 NEXT GENERATION ENTERPRISE 122,832 122,832 + SERVICE........................ + CLASSIFIED PROGRAMS + 999 CLASSIFIED PROGRAMS............. 16,346 16,346 + SPARES AND REPAIR PARTS + 134 SPARES AND REPAIR PARTS......... 375,608 375,608 + TOTAL OTHER PROCUREMENT, NAVY... 9,652,956 9,489,133 + + PROCUREMENT, MARINE CORPS + TRACKED COMBAT VEHICLES + 1 AAV7A1 PIP...................... 39,495 39,495 + 2 AMPHIBIOUS COMBAT VEHICLE 1.1... 317,935 317,935 + 3 LAV PIP......................... 60,734 60,734 + ARTILLERY AND OTHER WEAPONS + 4 155MM LIGHTWEIGHT TOWED HOWITZER 25,065 25,065 + 5 ARTILLERY WEAPONS SYSTEM........ 100,002 100,002 + 6 WEAPONS AND COMBAT VEHICLES 31,945 31,945 + UNDER $5 MILLION............... + OTHER SUPPORT + 7 MODIFICATION KITS............... 22,760 22,760 + GUIDED MISSILES + 8 GROUND BASED AIR DEFENSE........ 175,998 175,998 + 9 ANTI-ARMOR MISSILE-JAVELIN...... 20,207 20,207 + 10 FAMILY ANTI-ARMOR WEAPON SYSTEMS 21,913 21,913 + (FOAAWS)....................... + 11 ANTI-ARMOR MISSILE-TOW.......... 60,501 60,501 + 12 GUIDED MLRS ROCKET (GMLRS)...... 29,062 29,062 + COMMAND AND CONTROL SYSTEMS + 13 COMMON AVIATION COMMAND AND 37,203 37,203 + CONTROL SYSTEM (C.............. + REPAIR AND TEST EQUIPMENT + 14 REPAIR AND TEST EQUIPMENT....... 55,156 55,156 + OTHER SUPPORT (TEL) + 15 MODIFICATION KITS............... 4,945 4,945 + COMMAND AND CONTROL SYSTEM (NON- + TEL) + 16 ITEMS UNDER $5 MILLION (COMM & 112,124 112,124 + ELEC).......................... + 17 AIR OPERATIONS C2 SYSTEMS....... 17,408 17,408 + RADAR + EQUIPMENT (NON-TEL) + 18 RADAR SYSTEMS................... 329 329 + 19 GROUND/AIR TASK ORIENTED RADAR 273,022 273,022 + (G/ATOR)....................... + INTELL/COMM EQUIPMENT (NON-TEL) + 21 GCSS-MC......................... 4,484 4,484 + 22 FIRE SUPPORT SYSTEM............. 35,488 35,488 + 23 INTELLIGENCE SUPPORT EQUIPMENT.. 56,896 56,896 + 25 UNMANNED AIR SYSTEMS (INTEL).... 34,711 34,711 + 26 DCGS-MC......................... 32,562 32,562 + OTHER SUPPORT (NON-TEL) + 30 NEXT GENERATION ENTERPRISE 114,901 114,901 + NETWORK (NGEN)................. + 31 COMMON COMPUTER RESOURCES....... 51,094 51,094 + 32 COMMAND POST SYSTEMS............ 108,897 108,897 + 33 RADIO SYSTEMS................... 227,320 227,320 + 34 COMM SWITCHING & CONTROL SYSTEMS 31,685 31,685 + 35 COMM & ELEC INFRASTRUCTURE 21,140 21,140 + SUPPORT........................ + 36 CYBERSPACE ACTIVITIES........... 27,632 27,632 + CLASSIFIED PROGRAMS + 999 CLASSIFIED PROGRAMS............. 5,535 5,535 + ADMINISTRATIVE VEHICLES + 37 COMMERCIAL CARGO VEHICLES....... 28,913 28,913 + TACTICAL VEHICLES + 38 MOTOR TRANSPORT MODIFICATIONS... 19,234 19,234 + 39 JOINT LIGHT TACTICAL VEHICLE.... 558,107 558,107 + 40 FAMILY OF TACTICAL TRAILERS..... 2,693 2,693 + ENGINEER AND OTHER EQUIPMENT + 41 ENVIRONMENTAL CONTROL EQUIP 495 495 + ASSORT......................... + 42 TACTICAL FUEL SYSTEMS........... 52 52 + 43 POWER EQUIPMENT ASSORTED........ 22,441 22,441 + 44 AMPHIBIOUS SUPPORT EQUIPMENT.... 7,101 7,101 + 45 EOD SYSTEMS..................... 44,700 44,700 + MATERIALS HANDLING EQUIPMENT + 46 PHYSICAL SECURITY EQUIPMENT..... 15,404 15,404 + GENERAL PROPERTY + 47 FIELD MEDICAL EQUIPMENT......... 2,898 2,898 + 48 TRAINING DEVICES................ 149,567 149,567 + 49 FAMILY OF CONSTRUCTION EQUIPMENT 35,622 35,622 + 50 ULTRA-LIGHT TACTICAL VEHICLE 647 647 + (ULTV)......................... + OTHER SUPPORT + 51 ITEMS LESS THAN $5 MILLION...... 10,956 10,956 + SPARES AND REPAIR PARTS + 52 SPARES AND REPAIR PARTS......... 33,470 33,470 + TOTAL PROCUREMENT, MARINE CORPS. 3,090,449 3,090,449 + + AIRCRAFT PROCUREMENT, AIR FORCE + TACTICAL FORCES + 1 F-35............................ 4,274,359 5,364,359 + UPL additional quantities... [1,090,000] + 2 F-35 AP......................... 655,500 811,500 + UPL increase................ [156,000] + 3 F-15E........................... 1,050,000 888,000 + NRE cost on a non- [-162,000] + developmental A/C........... + TACTICAL AIRLIFT + 5 KC-46A MDAP..................... 2,234,529 2,705,529 + UPL additional quantities... [471,000] + OTHER AIRLIFT + 6 C-130J.......................... 12,156 12,156 + 8 MC-130J......................... 871,207 871,207 + 9 MC-130J AP...................... 40,000 40,000 + HELICOPTERS + 10 COMBAT RESCUE HELICOPTER........ 884,235 884,235 + MISSION SUPPORT AIRCRAFT + 11 C-37A........................... 161,000 161,000 + 12 CIVIL AIR PATROL A/C............ 2,767 2,767 + OTHER AIRCRAFT + 14 TARGET DRONES................... 130,837 130,837 + 15 COMPASS CALL.................... 114,095 114,095 + 17 MQ-9............................ 189,205 189,205 + STRATEGIC AIRCRAFT + 19 B-2A............................ 9,582 9,582 + 20 B-1B............................ 22,111 22,111 + 21 B-52............................ 69,648 69,648 + 22 LARGE AIRCRAFT INFRARED 43,758 43,758 + COUNTERMEASURES................ + TACTICAL AIRCRAFT + 23 A-10............................ 132,069 132,069 + 24 E-11 BACN/HAG................... 70,027 70,027 + 25 F-15............................ 481,073 328,073 + ADCP unnecessary due to F- [-75,100] + 15X......................... + IFF unnecessary due to F-15X [-29,600] + Longerons unnecessary due to [-24,600] + F-15X....................... + Radar unnecessary due to F- [-23,700] + 15X......................... + 26 F-16............................ 234,782 309,782 + Additional radars........... [75,000] + 28 F-22A........................... 323,597 323,597 + 30 F-35 MODIFICATIONS.............. 343,590 343,590 + 31 F-15 EPAW....................... 149,047 81,847 + Not required because of F- [-67,200] + 15X......................... + 32 INCREMENT 3.2B.................. 20,213 20,213 + 33 KC-46A MDAP..................... 10,213 10,213 + AIRLIFT AIRCRAFT + 34 C-5............................. 73,550 73,550 + 36 C-17A........................... 60,244 60,244 + 37 C-21............................ 216 216 + 38 C-32A........................... 11,511 11,511 + 39 C-37A........................... 435 435 + TRAINER AIRCRAFT + 40 GLIDER MODS..................... 138 138 + 41 T-6............................. 11,826 11,826 + 42 T-1............................. 26,787 26,787 + 43 T-38............................ 37,341 37,341 + OTHER AIRCRAFT + 44 U-2 MODS........................ 86,896 86,896 + 45 KC-10A (ATCA)................... 2,108 2,108 + 46 C-12............................ 3,021 3,021 + 47 VC-25A MOD...................... 48,624 48,624 + 48 C-40............................ 256 256 + 49 C-130........................... 52,066 52,066 + 50 C-130J MODS..................... 141,686 141,686 + 51 C-135........................... 124,491 124,491 + 53 COMPASS CALL.................... 110,754 110,754 + 54 COMBAT FLIGHT INSPECTION--CFIN.. 508 508 + 55 RC-135.......................... 227,673 227,673 + 56 E-3............................. 216,299 216,299 + 57 E-4............................. 58,477 58,477 + 58 E-8............................. 28,778 58,778 + SATCOM radios............... [30,000] + 59 AIRBORNE WARNING AND CNTRL SYS 36,000 36,000 + (AWACS) 40/45.................. + 60 FAMILY OF BEYOND LINE-OF-SIGHT 7,910 7,910 + TERMINALS...................... + 61 H-1............................. 3,817 3,817 + 62 H-60............................ 20,879 20,879 + 63 RQ-4 MODS....................... 1,704 1,704 + 64 HC/MC-130 MODIFICATIONS......... 51,482 51,482 + 65 OTHER AIRCRAFT.................. 50,098 50,098 + 66 MQ-9 MODS....................... 383,594 383,594 + 68 CV-22 MODS...................... 65,348 65,348 + AIRCRAFT SPARES AND REPAIR PARTS + 69 INITIAL SPARES/REPAIR PARTS..... 708,230 970,230 + F-35 spares................. [96,000] + KC-46 spares................ [141,000] + RQ-4........................ [25,000] + COMMON SUPPORT EQUIPMENT + 72 AIRCRAFT REPLACEMENT SUPPORT 84,938 84,938 + EQUIP.......................... + POST PRODUCTION SUPPORT + 73 B-2A............................ 1,403 1,403 + 74 B-2B............................ 42,234 42,234 + 75 B-52............................ 4,641 4,641 + 76 C-17A........................... 124,805 124,805 + 79 F-15............................ 2,589 2,589 + 81 F-16............................ 15,348 15,348 + 84 RQ-4 POST PRODUCTION CHARGES.... 47,246 47,246 + INDUSTRIAL PREPAREDNESS + 86 INDUSTRIAL RESPONSIVENESS....... 17,705 17,705 + WAR CONSUMABLES + 87 WAR CONSUMABLES................. 32,102 32,102 + OTHER PRODUCTION CHARGES + 88 OTHER PRODUCTION CHARGES........ 1,194,728 1,194,728 + CLASSIFIED PROGRAMS + 999 CLASSIFIED PROGRAMS............. 34,193 34,193 + TOTAL AIRCRAFT PROCUREMENT, AIR 16,784,279 18,486,079 + FORCE.......................... + + MISSILE PROCUREMENT, AIR FORCE + MISSILE REPLACEMENT EQUIPMENT-- + BALLISTIC + 1 MISSILE REPLACEMENT EQ-BALLISTIC 55,888 55,888 + TACTICAL + 2 REPLAC EQUIP & WAR CONSUMABLES.. 9,100 9,100 + 3 JOINT AIR-TO-GROUND MUNITION.... 15,000 15,000 + 4 JOINT AIR-SURFACE STANDOFF 482,525 482,525 + MISSILE........................ + 6 SIDEWINDER (AIM-9X)............. 160,408 160,408 + 7 AMRAAM.......................... 332,250 332,250 + 8 PREDATOR HELLFIRE MISSILE....... 118,860 118,860 + 9 SMALL DIAMETER BOMB............. 275,438 275,438 + 10 SMALL DIAMETER BOMB II.......... 212,434 212,434 + INDUSTRIAL FACILITIES + 11 INDUSTR'L PREPAREDNS/POL 801 801 + PREVENTION..................... + CLASS IV + 12 ICBM FUZE MOD................... 5,000 5,000 + 13 ICBM FUZE MOD AP................ 14,497 14,497 + 14 MM III MODIFICATIONS............ 50,831 59,731 + Air Force requested transfer [8,900] + 15 AGM-65D MAVERICK................ 294 294 + 16 AIR LAUNCH CRUISE MISSILE (ALCM) 77,387 68,487 + Air Force requested transfer [-8,900] + MISSILE SPARES AND REPAIR PARTS + 18 MSL SPRS/REPAIR PARTS (INITIAL). 1,910 1,910 + 19 REPLEN SPARES/REPAIR PARTS...... 82,490 82,490 + SPECIAL PROGRAMS + 23 SPECIAL UPDATE PROGRAMS......... 144,553 144,553 + CLASSIFIED PROGRAMS + 999 CLASSIFIED PROGRAMS............. 849,521 849,521 + TOTAL MISSILE PROCUREMENT, AIR 2,889,187 2,889,187 + FORCE.......................... + + SPACE PROCUREMENT, AIR FORCE + SPACE PROGRAMS + 1 ADVANCED EHF.................... 31,894 31,894 + 2 AF SATELLITE COMM SYSTEM........ 56,298 56,298 + 4 COUNTERSPACE SYSTEMS............ 5,700 5,700 + 5 FAMILY OF BEYOND LINE-OF-SIGHT 34,020 34,020 + TERMINALS...................... + 7 GENERAL INFORMATION TECH--SPACE. 3,244 3,244 + 8 GPSIII FOLLOW ON................ 414,625 414,625 + 9 GPS III SPACE SEGMENT........... 31,466 31,466 + 12 SPACEBORNE EQUIP (COMSEC)....... 32,031 32,031 + 13 MILSATCOM....................... 11,096 11,096 + 15 EVOLVED EXPENDABLE LAUNCH 1,237,635 1,237,635 + VEH(SPACE)..................... + 16 SBIR HIGH (SPACE)............... 233,952 233,952 + 17 NUDET DETECTION SYSTEM.......... 7,432 7,432 + 18 ROCKET SYSTEMS LAUNCH PROGRAM... 11,473 11,473 + 19 SPACE FENCE..................... 71,784 71,784 + 20 SPACE MODS...................... 106,330 106,330 + 21 SPACELIFT RANGE SYSTEM SPACE.... 118,140 118,140 + SPARES + 22 SPARES AND REPAIR PARTS......... 7,263 7,263 + TOTAL SPACE PROCUREMENT, AIR 2,414,383 2,414,383 + FORCE.......................... + + PROCUREMENT OF AMMUNITION, AIR + FORCE + ROCKETS + 1 ROCKETS......................... 0 133,268 + Transfer back to base [133,268] + funding..................... + CARTRIDGES + 2 CARTRIDGES...................... 0 140,449 + Transfer back to base [140,449] + funding..................... + BOMBS + 3 PRACTICE BOMBS.................. 0 29,313 + Transfer back to base [29,313] + funding..................... + 4 GENERAL PURPOSE BOMBS........... 0 85,885 + Transfer back to base [85,885] + funding..................... + 6 JOINT DIRECT ATTACK MUNITION.... 0 1,066,224 + Transfer back to base [1,066,224] + funding..................... + 7 B61............................. 0 80,773 + Transfer back to base [80,773] + funding..................... + OTHER ITEMS + 9 CAD/PAD......................... 0 47,069 + Transfer back to base [47,069] + funding..................... + 10 EXPLOSIVE ORDNANCE DISPOSAL 0 6,133 + (EOD).......................... + Transfer back to base [6,133] + funding..................... + 11 SPARES AND REPAIR PARTS......... 0 533 + Transfer back to base [533] + funding..................... + 12 MODIFICATIONS................... 0 1,291 + Transfer back to base [1,291] + funding..................... + 13 ITEMS LESS THAN $5,000,000...... 0 1,677 + Transfer back to base [1,677] + funding..................... + FLARES + 15 FLARES.......................... 0 36,116 + Transfer back to base [36,116] + funding..................... + FUZES + 16 FUZES........................... 0 1,734 + Transfer back to base [1,734] + funding..................... + SMALL ARMS + 17 SMALL ARMS...................... 0 37,496 + Transfer back to base [37,496] + funding..................... + TOTAL PROCUREMENT OF AMMUNITION, 0 1,667,961 + AIR FORCE...................... + + OTHER PROCUREMENT, AIR FORCE + PASSENGER CARRYING VEHICLES + 1 PASSENGER CARRYING VEHICLES..... 15,238 15,238 + CARGO AND UTILITY VEHICLES + 2 MEDIUM TACTICAL VEHICLE......... 34,616 34,616 + 3 CAP VEHICLES.................... 1,040 1,040 + 4 CARGO AND UTILITY VEHICLES...... 23,133 23,133 + SPECIAL PURPOSE VEHICLES + 5 JOINT LIGHT TACTICAL VEHICLE.... 32,027 32,027 + 6 SECURITY AND TACTICAL VEHICLES.. 1,315 1,315 + 7 SPECIAL PURPOSE VEHICLES........ 14,593 14,593 + FIRE FIGHTING EQUIPMENT + 8 FIRE FIGHTING/CRASH RESCUE 28,604 28,604 + VEHICLES....................... + MATERIALS HANDLING EQUIPMENT + 9 MATERIALS HANDLING VEHICLES..... 21,848 21,848 + BASE MAINTENANCE SUPPORT + 10 RUNWAY SNOW REMOV AND CLEANING 2,925 2,925 + EQU............................ + 11 BASE MAINTENANCE SUPPORT 55,776 55,776 + VEHICLES....................... + COMM SECURITY EQUIPMENT(COMSEC) + 13 COMSEC EQUIPMENT................ 91,461 91,461 + INTELLIGENCE PROGRAMS + 14 INTERNATIONAL INTEL TECH & 11,386 11,386 + ARCHITECTURES.................. + 15 INTELLIGENCE TRAINING EQUIPMENT. 7,619 7,619 + 16 INTELLIGENCE COMM EQUIPMENT..... 35,558 35,558 + ELECTRONICS PROGRAMS + 17 AIR TRAFFIC CONTROL & LANDING 17,939 17,939 + SYS............................ + 19 BATTLE CONTROL SYSTEM--FIXED.... 3,063 3,063 + 21 WEATHER OBSERVATION FORECAST.... 31,447 31,447 + 22 STRATEGIC COMMAND AND CONTROL... 5,090 5,090 + 23 CHEYENNE MOUNTAIN COMPLEX....... 10,145 10,145 + 24 MISSION PLANNING SYSTEMS........ 14,508 14,508 + 26 INTEGRATED STRAT PLAN & ANALY 9,901 9,901 + NETWORK (ISPAN)................ + SPCL COMM-ELECTRONICS PROJECTS + 27 GENERAL INFORMATION TECHNOLOGY.. 26,933 26,933 + 28 AF GLOBAL COMMAND & CONTROL SYS. 2,756 2,756 + 29 BATTLEFIELD AIRBORNE CONTROL 48,478 48,478 + NODE (BACN).................... + 30 MOBILITY COMMAND AND CONTROL.... 21,186 21,186 + 31 AIR FORCE PHYSICAL SECURITY 178,361 178,361 + SYSTEM......................... + 32 COMBAT TRAINING RANGES.......... 233,993 261,993 + Joint threat emitters....... [28,000] + 33 MINIMUM ESSENTIAL EMERGENCY COMM 132,648 132,648 + N.............................. + 34 WIDE AREA SURVEILLANCE (WAS).... 80,818 80,818 + 35 C3 COUNTERMEASURES.............. 25,036 25,036 + 36 INTEGRATED PERSONNEL AND PAY 20,900 0 + SYSTEM......................... + Poor agile implementation... [-20,900] + 37 GCSS-AF FOS..................... 11,226 11,226 + 38 DEFENSE ENTERPRISE ACCOUNTING & 1,905 1,905 + MGT SYS........................ + 39 MAINTENANCE REPAIR & OVERHAUL 1,912 1,912 + INITIATIVE..................... + 40 THEATER BATTLE MGT C2 SYSTEM.... 6,337 6,337 + 41 AIR & SPACE OPERATIONS CENTER 33,243 33,243 + (AOC).......................... + AIR FORCE COMMUNICATIONS + 43 BASE INFORMATION TRANSPT INFRAST 69,530 69,530 + (BITI) WIRED................... + 44 AFNET........................... 147,063 147,063 + 45 JOINT COMMUNICATIONS SUPPORT 6,505 6,505 + ELEMENT (JCSE)................. + 46 USCENTCOM....................... 20,190 20,190 + 47 USSTRATCOM...................... 11,244 11,244 + ORGANIZATION AND BASE + 48 TACTICAL C-E EQUIPMENT.......... 143,757 143,757 + 50 RADIO EQUIPMENT................. 15,402 15,402 + 51 CCTV/AUDIOVISUAL EQUIPMENT...... 3,211 3,211 + 52 BASE COMM INFRASTRUCTURE........ 43,123 43,123 + MODIFICATIONS + 53 COMM ELECT MODS................. 14,500 14,500 + PERSONAL SAFETY & RESCUE EQUIP + 54 PERSONAL SAFETY AND RESCUE 50,634 50,634 + EQUIPMENT...................... + DEPOT PLANT+MTRLS HANDLING EQ + 55 POWER CONDITIONING EQUIPMENT.... 11,000 11,000 + 56 MECHANIZED MATERIAL HANDLING 11,901 11,901 + EQUIP.......................... + BASE SUPPORT EQUIPMENT + 57 BASE PROCURED EQUIPMENT......... 23,963 23,963 + 58 ENGINEERING AND EOD EQUIPMENT... 34,124 34,124 + 59 MOBILITY EQUIPMENT.............. 26,439 26,439 + 60 FUELS SUPPORT EQUIPMENT (FSE)... 24,255 24,255 + 61 BASE MAINTENANCE AND SUPPORT 38,986 38,986 + EQUIPMENT...................... + SPECIAL SUPPORT PROJECTS + 63 DARP RC135...................... 26,716 26,716 + 64 DCGS-AF......................... 116,055 116,055 + 66 SPECIAL UPDATE PROGRAM.......... 835,148 835,148 + CLASSIFIED PROGRAMS + 999 CLASSIFIED PROGRAMS............. 17,637,807 18,292,807 + Transfer back to base [655,000] + funding..................... + SPARES AND REPAIR PARTS + 67 SPARES AND REPAIR PARTS......... 81,340 81,340 + TOTAL OTHER PROCUREMENT, AIR 20,687,857 21,349,957 + FORCE.......................... + + PROCUREMENT, DEFENSE-WIDE + MAJOR EQUIPMENT, DCMA + 2 MAJOR EQUIPMENT................. 2,432 2,432 + MAJOR EQUIPMENT, DHRA + 3 PERSONNEL ADMINISTRATION........ 5,030 5,030 + MAJOR EQUIPMENT, DISA + 8 INFORMATION SYSTEMS SECURITY.... 3,318 4,718 + Sharkseer transfer.......... [1,400] + 9 TELEPORT PROGRAM................ 25,103 25,103 + 10 ITEMS LESS THAN $5 MILLION...... 26,416 26,416 + 12 DEFENSE INFORMATION SYSTEM 17,574 17,574 + NETWORK........................ + 14 WHITE HOUSE COMMUNICATION AGENCY 45,079 45,079 + 15 SENIOR LEADERSHIP ENTERPRISE.... 78,669 78,669 + 16 JOINT REGIONAL SECURITY STACKS 88,000 88,000 + (JRSS)......................... + 17 JOINT SERVICE PROVIDER.......... 107,907 107,907 + MAJOR EQUIPMENT, DLA + 19 MAJOR EQUIPMENT................. 8,122 8,122 + MAJOR EQUIPMENT, DMACT + 20 MAJOR EQUIPMENT................. 10,961 10,961 + MAJOR EQUIPMENT, DODEA + 21 AUTOMATION/EDUCATIONAL SUPPORT & 1,320 1,320 + LOGISTICS...................... + MAJOR EQUIPMENT, DPAA + 22 MAJOR EQUIPMENT, DPAA........... 1,504 1,504 + MAJOR EQUIPMENT, DSS + 23 MAJOR EQUIPMENT................. 496 496 + MAJOR EQUIPMENT, DEFENSE THREAT + REDUCTION AGENCY + 25 VEHICLES........................ 211 211 + 26 OTHER MAJOR EQUIPMENT........... 11,521 11,521 + MAJOR EQUIPMENT, MISSILE DEFENSE + AGENCY + 28 THAAD........................... 425,863 0 + THAAD program transfer to [-425,863] + Army........................ + 29 GROUND BASED MIDCOURSE.......... 9,471 9,471 + 31 AEGIS BMD....................... 600,773 600,773 + 32 AEGIS BMD AP.................... 96,995 96,995 + 33 BMDS AN/TPY-2 RADARS............ 10,046 10,046 + 34 ARROW 3 UPPER TIER SYSTEMS...... 55,000 55,000 + 35 SHORT RANGE BALLISTIC MISSILE 50,000 50,000 + DEFENSE (SRBMD)................ + 36 AEGIS ASHORE PHASE III.......... 25,659 25,659 + 37 IRON DOME....................... 95,000 95,000 + 38 AEGIS BMD HARDWARE AND SOFTWARE. 124,986 124,986 + MAJOR EQUIPMENT, NSA + 44 INFORMATION SYSTEMS SECURITY 1,533 133 + PROGRAM (ISSP)................. + Sharkseer transfer.......... [-1,400] + MAJOR EQUIPMENT, OSD + 45 MAJOR EQUIPMENT, OSD............ 43,705 43,705 + MAJOR EQUIPMENT, TJS + 46 MAJOR EQUIPMENT, TJS............ 6,905 6,905 + 47 MAJOR EQUIPMENT--TJS CYBER...... 1,458 1,458 + MAJOR EQUIPMENT, WHS + 49 MAJOR EQUIPMENT, WHS............ 507 507 + CLASSIFIED PROGRAMS + 999 CLASSIFIED PROGRAMS............. 584,366 589,366 + Transfer back to base [5,000] + funding..................... + AVIATION PROGRAMS + 53 ROTARY WING UPGRADES AND 172,020 172,020 + SUSTAINMENT.................... + 54 UNMANNED ISR.................... 15,208 15,208 + 55 NON-STANDARD AVIATION........... 32,310 32,310 + 56 U-28............................ 10,898 10,898 + 57 MH-47 CHINOOK................... 173,812 173,812 + 58 CV-22 MODIFICATION.............. 17,256 17,256 + 59 MQ-9 UNMANNED AERIAL VEHICLE.... 5,338 5,338 + 60 PRECISION STRIKE PACKAGE........ 232,930 232,930 + 61 AC/MC-130J...................... 173,419 164,619 + RFCM schedule delay......... [-8,800] + 62 C-130 MODIFICATIONS............. 15,582 15,582 + SHIPBUILDING + 63 UNDERWATER SYSTEMS.............. 58,991 58,991 + AMMUNITION PROGRAMS + 64 ORDNANCE ITEMS <$5M............. 279,992 279,992 + OTHER PROCUREMENT PROGRAMS + 65 INTELLIGENCE SYSTEMS............ 100,641 100,641 + 66 DISTRIBUTED COMMON GROUND/ 12,522 12,522 + SURFACE SYSTEMS................ + 67 OTHER ITEMS <$5M................ 103,910 103,910 + 68 COMBATANT CRAFT SYSTEMS......... 33,088 33,088 + 69 SPECIAL PROGRAMS................ 63,467 63,467 + 70 TACTICAL VEHICLES............... 77,832 77,832 + 71 WARRIOR SYSTEMS <$5M............ 298,480 298,480 + 72 COMBAT MISSION REQUIREMENTS..... 19,702 19,702 + 73 GLOBAL VIDEO SURVEILLANCE 4,787 4,787 + ACTIVITIES..................... + 74 OPERATIONAL ENHANCEMENTS 8,175 8,175 + INTELLIGENCE................... + 75 OPERATIONAL ENHANCEMENTS........ 282,532 282,532 + CBDP + 76 CHEMICAL BIOLOGICAL SITUATIONAL 162,406 162,406 + AWARENESS...................... + 77 CB PROTECTION & HAZARD 188,188 188,188 + MITIGATION..................... + TOTAL PROCUREMENT, DEFENSE-WIDE. 5,109,416 4,679,753 + + JOINT URGENT OPERATIONAL NEEDS + FUND + JOINT URGENT OPERATIONAL NEEDS + FUND + 1 JOINT URGENT OPERATIONAL NEEDS 99,200 99,200 + FUND........................... + TOTAL JOINT URGENT OPERATIONAL 99,200 99,200 + NEEDS FUND..................... + + TOTAL PROCUREMENT............... 118,888,737 135,071,365 +------------------------------------------------------------------------ + +SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. + +------------------------------------------------------------------------ +SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands + of Dollars) +------------------------------------------------------------------------- + FY 2020 Senate + Line Item Request Authorized +------------------------------------------------------------------------ + AIRCRAFT PROCUREMENT, ARMY + FIXED WING + 3 MQ-1 UAV........................ 54,000 54,000 + ROTARY + 15 CH-47 HELICOPTER................ 25,000 25,000 + MODIFICATION OF AIRCRAFT + 21 MULTI SENSOR ABN RECON (MIP).... 80,260 80,260 + 24 GRCS SEMA MODS (MIP)............ 750 750 + 26 EMARSS SEMA MODS (MIP).......... 22,180 22,180 + 27 UTILITY/CARGO AIRPLANE MODS..... 8,362 8,362 + 29 NETWORK AND MISSION PLAN........ 10 10 + 31 DEGRADED VISUAL ENVIRONMENT..... 49,450 49,450 + GROUND SUPPORT AVIONICS + 37 CMWS............................ 130,219 130,219 + 38 COMMON INFRARED COUNTERMEASURES 9,310 9,310 + (CIRCM)........................ + OTHER SUPPORT + 45 LAUNCHER GUIDED MISSILE: LONGBOW 2,000 2,000 + HELLFIRE XM2................... + TOTAL AIRCRAFT PROCUREMENT, ARMY 381,541 381,541 + + MISSILE PROCUREMENT, ARMY + SURFACE-TO-AIR MISSILE SYSTEM + 1 SYSTEM INTEGRATION AND TEST 113,857 0 + PROCUREMENT.................... + Transfer back to base [-113,857] + funding..................... + 2 M-SHORAD--PROCUREMENT........... 262,100 158,300 + Transfer back to base [-103,800] + funding..................... + 3 MSE MISSILE..................... 736,541 37,938 + Transfer back to base [-698,603] + funding..................... + 4 INDIRECT FIRE PROTECTION 9,337 0 + CAPABILITY INC 2-I............. + Transfer back to base [-9,337] + funding..................... + AIR-TO-SURFACE MISSILE SYSTEM + 6 HELLFIRE SYS SUMMARY............ 429,549 236,265 + Transfer back to base [-193,284] + funding..................... + 7 JOINT AIR-TO-GROUND MSLS (JAGM). 233,353 0 + Transfer back to base [-233,353] + funding..................... + ANTI-TANK/ASSAULT MISSILE SYS + 8 JAVELIN (AAWS-M) SYSTEM SUMMARY. 142,794 4,389 + Transfer back to base [-138,405] + funding..................... + 9 TOW 2 SYSTEM SUMMARY............ 114,340 0 + Transfer back to base [-114,340] + funding..................... + 10 TOW 2 SYSTEM SUMMARY AP......... 10,500 0 + Transfer back to base [-10,500] + funding..................... + 11 GUIDED MLRS ROCKET (GMLRS)...... 1,228,809 431,596 + Transfer back to base [-797,213] + funding..................... + 12 MLRS REDUCED RANGE PRACTICE 27,555 0 + ROCKETS (RRPR)................. + Transfer back to base [-27,555] + funding..................... + 14 ARMY TACTICAL MSL SYS (ATACMS)-- 340,612 130,770 + SYS SUM........................ + Transfer back to base [-209,842] + funding..................... + 15 LETHAL MINIATURE AERIAL MISSILE 83,300 83,300 + SYSTEM (LMAMS.................. + MODIFICATIONS + 16 PATRIOT MODS.................... 279,464 0 + Transfer back to base [-279,464] + funding..................... + 17 ATACMS MODS..................... 85,320 0 + Transfer back to base [-85,320] + funding..................... + 18 GMLRS MOD....................... 5,094 0 + Transfer back to base [-5,094] + funding..................... + 19 STINGER MODS.................... 89,115 7,500 + Transfer back to base [-81,615] + funding..................... + 20 AVENGER MODS.................... 14,107 0 + Transfer back to base [-14,107] + funding..................... + 21 ITAS/TOW MODS................... 3,469 0 + Transfer back to base [-3,469] + funding..................... + 22 MLRS MODS....................... 387,019 348,000 + Transfer back to base [-39,019] + funding..................... + 23 HIMARS MODIFICATIONS............ 12,483 0 + Transfer back to base [-12,483] + funding..................... + SPARES AND REPAIR PARTS + 24 SPARES AND REPAIR PARTS......... 26,444 0 + Transfer back to base [-26,444] + funding..................... + SUPPORT EQUIPMENT & FACILITIES + 25 AIR DEFENSE TARGETS............. 10,593 0 + Transfer back to base [-10,593] + funding..................... + TOTAL MISSILE PROCUREMENT, ARMY. 4,645,755 1,438,058 + + PROCUREMENT OF W&TCV, ARMY + TRACKED COMBAT VEHICLES + 2 ARMORED MULTI PURPOSE VEHICLE 221,638 221,638 + (AMPV)......................... + MODIFICATION OF TRACKED COMBAT + VEHICLES + 3 STRYKER (MOD)................... 4,100 4,100 + 8 IMPROVED RECOVERY VEHICLE (M88A2 80,146 80,146 + HERCULES)...................... + 13 M1 ABRAMS TANK (MOD)............ 13,100 13,100 + WEAPONS & OTHER COMBAT VEHICLES + 15 M240 MEDIUM MACHINE GUN (7.62MM) 900 900 + 16 MULTI-ROLE ANTI-ARMOR ANTI- 2,400 2,400 + PERSONNEL WEAPON S............. + 19 MORTAR SYSTEMS.................. 18,941 18,941 + 20 XM320 GRENADE LAUNCHER MODULE 526 526 + (GLM).......................... + 23 CARBINE......................... 1,183 1,183 + 25 COMMON REMOTELY OPERATED WEAPONS 4,182 4,182 + STATION........................ + 26 HANDGUN......................... 248 248 + MOD OF WEAPONS AND OTHER COMBAT + VEH + 31 M2 50 CAL MACHINE GUN MODS...... 6,090 6,090 + TOTAL PROCUREMENT OF W&TCV, ARMY 353,454 353,454 + + PROCUREMENT OF AMMUNITION, ARMY + SMALL/MEDIUM CAL AMMUNITION + 1 CTG, 5.56MM, ALL TYPES.......... 69,516 567 + Transfer back to base [-68,949] + funding..................... + 2 CTG, 7.62MM, ALL TYPES.......... 114,268 40 + Transfer back to base [-114,228] + funding..................... + 3 CTG, HANDGUN, ALL TYPES......... 17,824 17 + Transfer back to base [-17,807] + funding..................... + 4 CTG, .50 CAL, ALL TYPES......... 64,155 189 + Transfer back to base [-63,966] + funding..................... + 5 CTG, 20MM, ALL TYPES............ 35,920 0 + Transfer back to base [-35,920] + funding..................... + 6 CTG, 25MM, ALL TYPES............ 8,990 0 + Transfer back to base [-8,990] + funding..................... + 7 CTG, 30MM, ALL TYPES............ 93,713 24,900 + Transfer back to base [-68,813] + funding..................... + 8 CTG, 40MM, ALL TYPES............ 103,952 0 + Transfer back to base [-103,952] + funding..................... + MORTAR AMMUNITION + 9 60MM MORTAR, ALL TYPES.......... 50,580 0 + Transfer back to base [-50,580] + funding..................... + 10 81MM MORTAR, ALL TYPES.......... 59,373 0 + Transfer back to base [-59,373] + funding..................... + 11 120MM MORTAR, ALL TYPES......... 125,452 0 + Transfer back to base [-125,452] + funding..................... + TANK AMMUNITION + 12 CARTRIDGES, TANK, 105MM AND 171,284 0 + 120MM, ALL TYPES............... + Transfer back to base [-171,284] + funding..................... + ARTILLERY AMMUNITION + 13 ARTILLERY CARTRIDGES, 75MM & 44,675 0 + 105MM, ALL TYPES............... + Transfer back to base [-44,675] + funding..................... + 14 ARTILLERY PROJECTILE, 155MM, ALL 266,037 0 + TYPES.......................... + Transfer back to base [-266,037] + funding..................... + 15 PROJ 155MM EXTENDED RANGE M982.. 93,486 36,052 + Transfer back to base [-57,434] + funding..................... + 16 ARTILLERY PROPELLANTS, FUZES AND 278,873 7,271 + PRIMERS, ALL................... + Transfer back to base [-271,602] + funding..................... + MINES + 17 MINES & CLEARING CHARGES, ALL 55,433 0 + TYPES.......................... + Transfer back to base [-55,433] + funding..................... + ROCKETS + 18 SHOULDER LAUNCHED MUNITIONS, ALL 75,054 176 + TYPES.......................... + Transfer back to base [-74,878] + funding..................... + 19 ROCKET, HYDRA 70, ALL TYPES..... 255,453 79,459 + Transfer back to base [-175,994] + funding..................... + OTHER AMMUNITION + 20 CAD/PAD, ALL TYPES.............. 7,595 0 + Transfer back to base [-7,595] + funding..................... + 21 DEMOLITION MUNITIONS, ALL TYPES. 51,651 0 + Transfer back to base [-51,651] + funding..................... + 22 GRENADES, ALL TYPES............. 40,592 0 + Transfer back to base [-40,592] + funding..................... + 23 SIGNALS, ALL TYPES.............. 18,609 0 + Transfer back to base [-18,609] + funding..................... + 24 SIMULATORS, ALL TYPES........... 16,054 0 + Transfer back to base [-16,054] + funding..................... + MISCELLANEOUS + 25 AMMO COMPONENTS, ALL TYPES...... 5,261 0 + Transfer back to base [-5,261] + funding..................... + 26 NON-LETHAL AMMUNITION, ALL TYPES 715 0 + Transfer back to base [-715] + funding..................... + 27 ITEMS LESS THAN $5 MILLION 9,224 11 + (AMMO)......................... + Transfer back to base [-9,213] + funding..................... + 28 AMMUNITION PECULIAR EQUIPMENT... 10,044 0 + Transfer back to base [-10,044] + funding..................... + 29 FIRST DESTINATION TRANSPORTATION 18,492 0 + (AMMO)......................... + Transfer back to base [-18,492] + funding..................... + 30 CLOSEOUT LIABILITIES............ 99 0 + Transfer back to base [-99] + funding..................... + PRODUCTION BASE SUPPORT + 31 INDUSTRIAL FACILITIES........... 474,511 0 + Transfer back to base [-474,511] + funding..................... + 32 CONVENTIONAL MUNITIONS 202,512 0 + DEMILITARIZATION............... + Transfer back to base [-202,512] + funding..................... + 33 ARMS INITIATIVE................. 3,833 0 + Transfer back to base [-3,833] + funding..................... + TOTAL PROCUREMENT OF AMMUNITION, 2,843,230 148,682 + ARMY........................... + + OTHER PROCUREMENT, ARMY + TACTICAL VEHICLES + 10 FAMILY OF HEAVY TACTICAL 26,917 26,917 + VEHICLES (FHTV)................ + 11 PLS ESP......................... 16,941 16,941 + 12 HVY EXPANDED MOBILE TACTICAL 62,734 62,734 + TRUCK EXT SERV................. + 14 TACTICAL WHEELED VEHICLE 50,000 50,000 + PROTECTION KITS................ + 15 MODIFICATION OF IN SVC EQUIP.... 28,000 28,000 + COMM--JOINT COMMUNICATIONS + 22 TACTICAL NETWORK TECHNOLOGY MOD 40,000 40,000 + IN SVC......................... + COMM--SATELLITE COMMUNICATIONS + 29 TRANSPORTABLE TACTICAL COMMAND 6,930 6,930 + COMMUNICATIONS................. + 31 ASSURED POSITIONING, NAVIGATION 11,778 11,778 + AND TIMING..................... + 32 SMART-T (SPACE)................. 825 825 + COMM--COMBAT COMMUNICATIONS + 40 RADIO TERMINAL SET, MIDS LVT(2). 350 350 + 47 COTS COMMUNICATIONS EQUIPMENT... 20,400 20,400 + 48 FAMILY OF MED COMM FOR COMBAT 1,231 1,231 + CASUALTY CARE.................. + COMM--INTELLIGENCE COMM + 51 CI AUTOMATION ARCHITECTURE (MIP) 6,200 6,200 + COMM--LONG HAUL COMMUNICATIONS + 59 BASE SUPPORT COMMUNICATIONS..... 20,482 20,482 + COMM--BASE COMMUNICATIONS + 60 INFORMATION SYSTEMS............. 55,800 55,800 + 63 INSTALLATION INFO INFRASTRUCTURE 75,820 75,820 + MOD PROGRAM.................... + ELECT EQUIP--TACT INT REL ACT + (TIARA) + 68 DCGS-A (MIP).................... 38,613 38,613 + 70 TROJAN (MIP).................... 1,337 1,337 + 71 MOD OF IN-SVC EQUIP (INTEL SPT) 2,051 2,051 + (MIP).......................... + 75 BIOMETRIC TACTICAL COLLECTION 1,800 1,800 + DEVICES (MIP).................. + ELECT EQUIP--ELECTRONIC WARFARE + (EW) + 82 FAMILY OF PERSISTENT 71,493 71,493 + SURVEILLANCE CAP. (MIP)........ + 83 COUNTERINTELLIGENCE/SECURITY 6,917 6,917 + COUNTERMEASURES................ + ELECT EQUIP--TACTICAL SURV. (TAC + SURV) + 85 SENTINEL MODS................... 20,000 20,000 + 86 NIGHT VISION DEVICES............ 3,676 3,676 + 94 JOINT BATTLE COMMAND--PLATFORM 25,568 25,568 + (JBC-P)........................ + 97 COMPUTER BALLISTICS: LHMBC XM32. 570 570 + 98 MORTAR FIRE CONTROL SYSTEM...... 15,975 15,975 + ELECT EQUIP--TACTICAL C2 SYSTEMS + 103 AIR & MSL DEFENSE PLANNING & 14,331 14,331 + CONTROL SYS.................... + ELECT EQUIP--AUTOMATION + 112 ARMY TRAINING MODERNIZATION..... 6,014 6,014 + 113 AUTOMATED DATA PROCESSING EQUIP. 32,700 32,700 + CLASSIFIED PROGRAMS + CLASSIFIED PROGRAMS............. 8,200 0 + Transfer back to base [-8,200] + funding..................... + CHEMICAL DEFENSIVE EQUIPMENT + 124 FAMILY OF NON-LETHAL EQUIPMENT 25,480 25,480 + (FNLE)......................... + 125 BASE DEFENSE SYSTEMS (BDS)...... 47,110 47,110 + 126 CBRN DEFENSE.................... 18,711 18,711 + BRIDGING EQUIPMENT + 128 TACTICAL BRIDGING............... 4,884 4,884 + ENGINEER (NON-CONSTRUCTION) + EQUIPMENT + 133 GRND STANDOFF MINE DETECTN SYSM 4,500 4,500 + (GSTAMIDS)..................... + 135 HUSKY MOUNTED DETECTION SYSTEM 34,253 34,253 + (HMDS)......................... + 136 ROBOTIC COMBAT SUPPORT SYSTEM 3,300 3,300 + (RCSS)......................... + 140 RENDER SAFE SETS KITS OUTFITS... 84,000 84,000 + COMBAT SERVICE SUPPORT EQUIPMENT + 143 HEATERS AND ECU'S............... 8 8 + 145 PERSONNEL RECOVERY SUPPORT 5,101 5,101 + SYSTEM (PRSS).................. + 146 GROUND SOLDIER SYSTEM........... 1,760 1,760 + 148 FORCE PROVIDER.................. 56,400 56,400 + 150 CARGO AERIAL DEL & PERSONNEL 2,040 2,040 + PARACHUTE SYSTEM............... + PETROLEUM EQUIPMENT + 154 DISTRIBUTION SYSTEMS, PETROLEUM 13,986 13,986 + & WATER........................ + MEDICAL EQUIPMENT + 155 COMBAT SUPPORT MEDICAL.......... 2,735 2,735 + CONSTRUCTION EQUIPMENT + 159 SCRAPERS, EARTHMOVING........... 4,669 4,669 + 160 LOADERS......................... 380 380 + 162 TRACTOR, FULL TRACKED........... 8,225 8,225 + 164 HIGH MOBILITY ENGINEER EXCAVATOR 3,000 3,000 + (HMEE)......................... + 166 CONST EQUIP ESP................. 3,870 3,870 + 167 ITEMS LESS THAN $5.0M (CONST 350 350 + EQUIP)......................... + GENERATORS + 171 GENERATORS AND ASSOCIATED EQUIP. 2,436 2,436 + MATERIAL HANDLING EQUIPMENT + 173 FAMILY OF FORKLIFTS............. 5,152 5,152 + TRAINING EQUIPMENT + 175 TRAINING DEVICES, NONSYSTEM..... 2,106 2,106 + TEST MEASURE AND DIG EQUIPMENT + (TMD) + 181 INTEGRATED FAMILY OF TEST 1,395 1,395 + EQUIPMENT (IFTE)............... + OTHER SUPPORT EQUIPMENT + 184 RAPID EQUIPPING SOLDIER SUPPORT 24,122 24,122 + EQUIPMENT...................... + 185 PHYSICAL SECURITY SYSTEMS (OPA3) 10,016 10,016 + 187 MODIFICATION OF IN-SVC EQUIPMENT 33,354 33,354 + (OPA-3)........................ + 189 BUILDING, PRE-FAB, RELOCATABLE.. 62,654 62,654 + TOTAL OTHER PROCUREMENT, ARMY... 1,139,650 1,131,450 + + AIRCRAFT PROCUREMENT, NAVY + OTHER AIRCRAFT + 26 STUASL0 UAV..................... 7,921 7,921 + 27 MQ-9A REAPER.................... 77,000 77,000 + MODIFICATION OF AIRCRAFT + 36 EP-3 SERIES..................... 5,488 5,488 + 46 SPECIAL PROJECT AIRCRAFT........ 3,498 3,498 + 51 COMMON ECM EQUIPMENT............ 3,406 3,406 + 53 COMMON DEFENSIVE WEAPON SYSTEM.. 3,274 3,274 + 62 QRC............................. 18,458 18,458 + TOTAL AIRCRAFT PROCUREMENT, NAVY 119,045 119,045 + + WEAPONS PROCUREMENT, NAVY + MODIFICATION OF MISSILES + 1 TRIDENT II MODS................. 1,177,251 0 + Transfer back to base [-1,177,251] + funding..................... + SUPPORT EQUIPMENT & FACILITIES + 2 MISSILE INDUSTRIAL FACILITIES... 7,142 0 + Transfer back to base [-7,142] + funding..................... + STRATEGIC MISSILES + 3 TOMAHAWK........................ 386,730 0 + Transfer back to base [-386,730] + funding..................... + TACTICAL MISSILES + 4 AMRAAM.......................... 224,502 0 + Transfer back to base [-224,502] + funding..................... + 5 SIDEWINDER...................... 119,456 0 + Transfer back to base [-119,456] + funding..................... + 7 STANDARD MISSILE................ 404,523 0 + Transfer back to base [-404,523] + funding..................... + 8 STANDARD MISSILE AP............. 96,085 0 + Transfer back to base [-96,085] + funding..................... + 9 SMALL DIAMETER BOMB II.......... 118,466 0 + Transfer back to base [-118,466] + funding..................... + 10 RAM............................. 106,765 0 + Transfer back to base [-106,765] + funding..................... + 11 JOINT AIR GROUND MISSILE (JAGM). 90,966 90,966 + 12 HELLFIRE........................ 1,525 0 + Transfer back to base [-1,525] + funding..................... + 15 AERIAL TARGETS.................. 152,380 6,500 + Transfer back to base [-145,880] + funding..................... + 16 DRONES AND DECOYS............... 20,000 0 + Transfer back to base [-20,000] + funding..................... + 17 OTHER MISSILE SUPPORT........... 3,388 0 + Transfer back to base [-3,388] + funding..................... + 18 LRASM........................... 143,200 0 + Transfer back to base [-143,200] + funding..................... + 19 LCS OTH MISSILE................. 38,137 0 + Transfer back to base [-38,137] + funding..................... + MODIFICATION OF MISSILES + 20 ESSM............................ 128,059 0 + Transfer back to base [-128,059] + funding..................... + 21 HARPOON MODS.................... 25,447 0 + Transfer back to base [-25,447] + funding..................... + 22 HARM MODS....................... 183,740 0 + Transfer back to base [-183,740] + funding..................... + 23 STANDARD MISSILES MODS.......... 22,500 0 + Transfer back to base [-22,500] + funding..................... + SUPPORT EQUIPMENT & FACILITIES + 24 WEAPONS INDUSTRIAL FACILITIES... 1,958 0 + Transfer back to base [-1,958] + funding..................... + 25 FLEET SATELLITE COMM FOLLOW-ON.. 67,380 0 + Transfer back to base [-67,380] + funding..................... + ORDNANCE SUPPORT EQUIPMENT + 27 ORDNANCE SUPPORT EQUIPMENT...... 109,427 0 + Transfer back to base [-109,427] + funding..................... + TORPEDOES AND RELATED EQUIP + 28 SSTD............................ 5,561 0 + Transfer back to base [-5,561] + funding..................... + 29 MK-48 TORPEDO................... 114,000 0 + Transfer back to base [-114,000] + funding..................... + 30 ASW TARGETS..................... 15,095 0 + Transfer back to base [-15,095] + funding..................... + MOD OF TORPEDOES AND RELATED + EQUIP + 31 MK-54 TORPEDO MODS.............. 119,453 0 + Transfer back to base [-119,453] + funding..................... + 32 MK-48 TORPEDO ADCAP MODS........ 39,508 0 + Transfer back to base [-39,508] + funding..................... + 33 QUICKSTRIKE MINE................ 5,183 0 + Transfer back to base [-5,183] + funding..................... + SUPPORT EQUIPMENT + 34 TORPEDO SUPPORT EQUIPMENT....... 79,028 0 + Transfer back to base [-79,028] + funding..................... + 35 ASW RANGE SUPPORT............... 3,890 0 + Transfer back to base [-3,890] + funding..................... + DESTINATION TRANSPORTATION + 36 FIRST DESTINATION TRANSPORTATION 3,803 0 + Transfer back to base [-3,803] + funding..................... + GUNS AND GUN MOUNTS + 37 SMALL ARMS AND WEAPONS.......... 14,797 0 + Transfer back to base [-14,797] + funding..................... + MODIFICATION OF GUNS AND GUN + MOUNTS + 38 CIWS MODS....................... 44,126 0 + Transfer back to base [-44,126] + funding..................... + 39 COAST GUARD WEAPONS............. 44,980 0 + Transfer back to base [-44,980] + funding..................... + 40 GUN MOUNT MODS.................. 66,376 0 + Transfer back to base [-66,376] + funding..................... + 41 LCS MODULE WEAPONS.............. 14,585 0 + Transfer back to base [-14,585] + funding..................... + 43 AIRBORNE MINE NEUTRALIZATION 7,160 0 + SYSTEMS........................ + Transfer back to base [-7,160] + funding..................... + SPARES AND REPAIR PARTS + 45 SPARES AND REPAIR PARTS......... 126,138 0 + Transfer back to base [-126,138] + funding..................... + TOTAL WEAPONS PROCUREMENT, NAVY. 4,332,710 97,466 + + PROCUREMENT OF AMMO, NAVY & MC + NAVY AMMUNITION + 1 GENERAL PURPOSE BOMBS........... 63,006 26,978 + Transfer back to base [-36,028] + funding..................... + 2 JDAM............................ 82,676 12,263 + Transfer back to base [-70,413] + funding..................... + 3 AIRBORNE ROCKETS, ALL TYPES..... 76,776 45,020 + Transfer back to base [-31,756] + funding..................... + 4 MACHINE GUN AMMUNITION.......... 38,370 33,577 + Transfer back to base [-4,793] + funding..................... + 5 PRACTICE BOMBS.................. 46,611 11,903 + Transfer back to base [-34,708] + funding..................... + 6 CARTRIDGES & CART ACTUATED 60,819 15,081 + DEVICES........................ + Transfer back to base [-45,738] + funding..................... + 7 AIR EXPENDABLE COUNTERMEASURES.. 94,212 16,911 + Transfer back to base [-77,301] + funding..................... + 8 JATOS........................... 7,262 0 + Transfer back to base [-7,262] + funding..................... + 9 5 INCH/54 GUN AMMUNITION........ 22,594 0 + Transfer back to base [-22,594] + funding..................... + 10 INTERMEDIATE CALIBER GUN 37,193 0 + AMMUNITION..................... + Transfer back to base [-37,193] + funding..................... + 11 OTHER SHIP GUN AMMUNITION....... 42,753 3,262 + Transfer back to base [-39,491] + funding..................... + 12 SMALL ARMS & LANDING PARTY AMMO. 48,906 1,010 + Transfer back to base [-47,896] + funding..................... + 13 PYROTECHNIC AND DEMOLITION...... 11,158 537 + Transfer back to base [-10,621] + funding..................... + 15 AMMUNITION LESS THAN $5 MILLION. 2,386 0 + Transfer back to base [-2,386] + funding..................... + MARINE CORPS AMMUNITION + 16 MORTARS......................... 57,473 1,930 + Transfer back to base [-55,543] + funding..................... + 17 DIRECT SUPPORT MUNITIONS........ 132,937 1,172 + Transfer back to base [-131,765] + funding..................... + 18 INFANTRY WEAPONS AMMUNITION..... 80,214 2,158 + Transfer back to base [-78,056] + funding..................... + 19 COMBAT SUPPORT MUNITIONS........ 41,013 965 + Transfer back to base [-40,048] + funding..................... + 20 AMMO MODERNIZATION.............. 14,325 0 + Transfer back to base [-14,325] + funding..................... + 21 ARTILLERY MUNITIONS............. 220,923 32,047 + Transfer back to base [-188,876] + funding..................... + 22 ITEMS LESS THAN $5 MILLION...... 4,521 0 + Transfer back to base [-4,521] + funding..................... + TOTAL PROCUREMENT OF AMMO, NAVY 1,186,128 204,814 + & MC........................... + + OTHER PROCUREMENT, NAVY + OTHER SHIPBOARD EQUIPMENT + 20 UNDERWATER EOD PROGRAMS......... 5,800 5,800 + ASW ELECTRONIC EQUIPMENT + 42 FIXED SURVEILLANCE SYSTEM....... 310,503 310,503 + SONOBUOYS + 85 SONOBUOYS--ALL TYPES............ 2,910 2,910 + AIRCRAFT SUPPORT EQUIPMENT + 88 AIRCRAFT SUPPORT EQUIPMENT...... 13,420 13,420 + 94 AVIATION SUPPORT EQUIPMENT...... 500 500 + OTHER ORDNANCE SUPPORT EQUIPMENT + 103 EXPLOSIVE ORDNANCE DISPOSAL 15,307 15,307 + EQUIP.......................... + CIVIL ENGINEERING SUPPORT + EQUIPMENT + 108 PASSENGER CARRYING VEHICLES..... 173 173 + 109 GENERAL PURPOSE TRUCKS.......... 408 408 + 111 FIRE FIGHTING EQUIPMENT......... 785 785 + SUPPLY SUPPORT EQUIPMENT + 117 SUPPLY EQUIPMENT................ 100 100 + 118 FIRST DESTINATION TRANSPORTATION 510 510 + COMMAND SUPPORT EQUIPMENT + 122 COMMAND SUPPORT EQUIPMENT....... 2,800 2,800 + 123 MEDICAL SUPPORT EQUIPMENT....... 1,794 1,794 + 126 OPERATING FORCES SUPPORT 1,090 1,090 + EQUIPMENT...................... + 128 ENVIRONMENTAL SUPPORT EQUIPMENT. 200 200 + 129 PHYSICAL SECURITY EQUIPMENT..... 1,300 1,300 + TOTAL OTHER PROCUREMENT, NAVY... 357,600 357,600 + + PROCUREMENT, MARINE CORPS + GUIDED MISSILES + 12 GUIDED MLRS ROCKET (GMLRS)...... 16,919 16,919 + ENGINEER AND OTHER EQUIPMENT + 45 EOD SYSTEMS..................... 3,670 3,670 + TOTAL PROCUREMENT, MARINE CORPS. 20,589 20,589 + + AIRCRAFT PROCUREMENT, AIR FORCE + OTHER AIRCRAFT + 17 MQ-9............................ 172,240 172,240 + 18 RQ-20B PUMA..................... 12,150 12,150 + STRATEGIC AIRCRAFT + 22 LARGE AIRCRAFT INFRARED 53,335 53,335 + COUNTERMEASURES................ + OTHER AIRCRAFT + 67 MQ-9 UAS PAYLOADS............... 19,800 19,800 + AIRCRAFT SPARES AND REPAIR PARTS + 69 INITIAL SPARES/REPAIR PARTS..... 44,560 44,560 + COMMON SUPPORT EQUIPMENT + 72 AIRCRAFT REPLACEMENT SUPPORT 7,025 7,025 + EQUIP.......................... + TOTAL AIRCRAFT PROCUREMENT, AIR 309,110 309,110 + FORCE.......................... + + MISSILE PROCUREMENT, AIR FORCE + TACTICAL + 4 JOINT AIR-SURFACE STANDOFF 20,900 20,900 + MISSILE........................ + 8 PREDATOR HELLFIRE MISSILE....... 180,771 180,771 + TOTAL MISSILE PROCUREMENT, AIR 201,671 201,671 + FORCE.......................... + + PROCUREMENT OF AMMUNITION, AIR + FORCE + ROCKETS + 1 ROCKETS......................... 218,228 84,960 + Transfer back to base [-133,268] + funding..................... + CARTRIDGES + 2 CARTRIDGES...................... 193,091 52,642 + Transfer back to base [-140,449] + funding..................... + BOMBS + 3 PRACTICE BOMBS.................. 29,313 0 + Transfer back to base [-29,313] + funding..................... + 4 GENERAL PURPOSE BOMBS........... 631,194 545,309 + Transfer back to base [-85,885] + funding..................... + 6 JOINT DIRECT ATTACK MUNITION.... 1,066,224 0 + Transfer back to base [-1,066,224] + funding..................... + 7 B61............................. 80,773 0 + Transfer back to base [-80,773] + funding..................... + OTHER ITEMS + 9 CAD/PAD......................... 47,069 0 + Transfer back to base [-47,069] + funding..................... + 10 EXPLOSIVE ORDNANCE DISPOSAL 6,133 0 + (EOD).......................... + Transfer back to base [-6,133] + funding..................... + 11 SPARES AND REPAIR PARTS......... 533 0 + Transfer back to base [-533] + funding..................... + 12 MODIFICATIONS................... 1,291 0 + Transfer back to base [-1,291] + funding..................... + 13 ITEMS LESS THAN $5,000,000...... 1,677 0 + Transfer back to base [-1,677] + funding..................... + FLARES + 15 FLARES.......................... 129,388 93,272 + Transfer back to base [-36,116] + funding..................... + FUZES + 16 FUZES........................... 158,889 157,155 + Transfer back to base [-1,734] + funding..................... + SMALL ARMS + 17 SMALL ARMS...................... 43,591 6,095 + Transfer back to base [-37,496] + funding..................... + TOTAL PROCUREMENT OF AMMUNITION, 2,607,394 939,433 + AIR FORCE...................... + + OTHER PROCUREMENT, AIR FORCE + PASSENGER CARRYING VEHICLES + 1 PASSENGER CARRYING VEHICLES..... 1,276 1,276 + CARGO AND UTILITY VEHICLES + 4 CARGO AND UTILITY VEHICLES...... 9,702 9,702 + SPECIAL PURPOSE VEHICLES + 5 JOINT LIGHT TACTICAL VEHICLE.... 40,999 40,999 + 7 SPECIAL PURPOSE VEHICLES........ 52,502 52,502 + FIRE FIGHTING EQUIPMENT + 8 FIRE FIGHTING/CRASH RESCUE 16,652 16,652 + VEHICLES....................... + MATERIALS HANDLING EQUIPMENT + 9 MATERIALS HANDLING VEHICLES..... 2,944 2,944 + BASE MAINTENANCE SUPPORT + 10 RUNWAY SNOW REMOV AND CLEANING 3,753 3,753 + EQU............................ + 11 BASE MAINTENANCE SUPPORT 11,837 11,837 + VEHICLES....................... + SPCL COMM-ELECTRONICS PROJECTS + 27 GENERAL INFORMATION TECHNOLOGY.. 5,000 5,000 + 31 AIR FORCE PHYSICAL SECURITY 106,919 106,919 + SYSTEM......................... + ORGANIZATION AND BASE + 48 TACTICAL C-E EQUIPMENT.......... 306 306 + 52 BASE COMM INFRASTRUCTURE........ 4,300 4,300 + PERSONAL SAFETY & RESCUE EQUIP + 54 PERSONAL SAFETY AND RESCUE 22,200 22,200 + EQUIPMENT...................... + BASE SUPPORT EQUIPMENT + 59 MOBILITY EQUIPMENT.............. 26,535 26,535 + 60 FUELS SUPPORT EQUIPMENT (FSE)... 4,040 4,040 + 61 BASE MAINTENANCE AND SUPPORT 20,067 20,067 + EQUIPMENT...................... + CLASSIFIED PROGRAMS + CLASSIFIED PROGRAMS............. 3,864,066 3,209,066 + Transfer back to base [-655,000] + funding..................... + TOTAL OTHER PROCUREMENT, AIR 4,193,098 3,538,098 + FORCE.......................... + + PROCUREMENT, DEFENSE-WIDE + MAJOR EQUIPMENT, DISA + 9 TELEPORT PROGRAM................ 3,800 3,800 + 12 DEFENSE INFORMATION SYSTEM 12,000 12,000 + NETWORK........................ + MAJOR EQUIPMENT, DEFENSE THREAT + REDUCTION AGENCY + 27 COUNTER IED & IMPROVISED THREAT 4,590 4,590 + TECHNOLOGIES................... + CLASSIFIED PROGRAMS + CLASSIFIED PROGRAMS............. 56,380 51,380 + Transfer back to base [-5,000] + funding..................... + AVIATION PROGRAMS + 50 MANNED ISR...................... 5,000 5,000 + 51 MC-12........................... 5,000 5,000 + 52 MH-60 BLACKHAWK................. 28,100 28,100 + 54 UNMANNED ISR.................... 8,207 8,207 + 56 U-28............................ 31,500 31,500 + 57 MH-47 CHINOOK................... 37,500 37,500 + 59 MQ-9 UNMANNED AERIAL VEHICLE.... 1,900 1,900 + AMMUNITION PROGRAMS + 64 ORDNANCE ITEMS <$5M............. 138,252 138,252 + OTHER PROCUREMENT PROGRAMS + 65 INTELLIGENCE SYSTEMS............ 16,500 16,500 + 67 OTHER ITEMS <$5M................ 28 28 + 70 TACTICAL VEHICLES............... 2,990 2,990 + 71 WARRIOR SYSTEMS <$5M............ 37,512 37,512 + 72 COMBAT MISSION REQUIREMENTS..... 10,000 10,000 + 74 OPERATIONAL ENHANCEMENTS 7,594 7,594 + INTELLIGENCE................... + 75 OPERATIONAL ENHANCEMENTS........ 45,194 45,194 + TOTAL PROCUREMENT, DEFENSE-WIDE. 452,047 447,047 + + TOTAL PROCUREMENT............... 23,143,022 9,688,058 +------------------------------------------------------------------------ + + TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + +SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. + +------------------------------------------------------------------------ + SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of + Dollars) +------------------------------------------------------------------------- + Program FY 2020 Senate + Line Element Item Request Authorized +------------------------------------------------------------------------ + .............. RESEARCH, + DEVELOPMENT, + TEST & EVAL, + ARMY + .............. BASIC RESEARCH + 2 0601102A DEFENSE 297,976 302,976 + RESEARCH + SCIENCES. + .............. Counter UAS [5,000] + University + Research. + 3 0601103A UNIVERSITY 65,858 65,858 + RESEARCH + INITIATIVES. + 4 0601104A UNIVERSITY AND 86,164 88,164 + INDUSTRY + RESEARCH + CENTERS. + .............. 3D printing [2,000] + 5 0601121A CYBER 4,982 9,982 + COLLABORATIVE + RESEARCH + ALLIANCE. + .............. Cyber basic [5,000] + research. + .............. SUBTOTAL BASIC 454,980 466,980 + RESEARCH. + .............. + .............. APPLIED + RESEARCH + 10 0602141A LETHALITY 26,961 26,961 + TECHNOLOGY. + 11 0602142A ARMY APPLIED 25,319 25,319 + RESEARCH. + 12 0602143A SOLDIER 115,274 118,274 + LETHALITY + TECHNOLOGY. + .............. UPL MDTF [3,000] + for + INDOPACOM. + 13 0602144A GROUND 35,199 41,699 + TECHNOLOGY. + .............. Advanced [2,000] + materials + manufacturi + ng process. + .............. Biopolymer [2,000] + structural + materials. + .............. Cellulose [2,500] + structural + materials. + 14 0602145A NEXT GENERATION 219,047 234,047 + COMBAT VEHICLE + TECHNOLOGY. + .............. Support [15,000] + operational + energy + development + and testing. + 15 0602146A NETWORK C3I 114,516 114,516 + TECHNOLOGY. + 16 0602147A LONG RANGE 74,327 86,327 + PRECISION + FIRES + TECHNOLOGY. + .............. Composite [10,000] + tube and + propulsion + technology. + .............. Novel [2,000] + printed + armament + components. + 17 0602148A FUTURE VERTICLE 93,601 93,601 + LIFT + TECHNOLOGY. + 18 0602150A AIR AND MISSILE 50,771 50,771 + DEFENSE + TECHNOLOGY. + 20 0602213A C3I APPLIED 18,947 23,947 + CYBER. + .............. Cyber [5,000] + research. + 38 0602785A MANPOWER/ 20,873 20,873 + PERSONNEL/ + TRAINING + TECHNOLOGY. + 40 0602787A MEDICAL 99,155 102,155 + TECHNOLOGY. + .............. Female [3,000] + warfighter + performance + research. + .............. SUBTOTAL 893,990 938,490 + APPLIED + RESEARCH. + .............. + .............. ADVANCED + TECHNOLOGY + DEVELOPMENT + 42 0603002A MEDICAL 42,030 42,030 + ADVANCED + TECHNOLOGY. + 47 0603007A MANPOWER, 11,038 11,038 + PERSONNEL AND + TRAINING + ADVANCED + TECHNOLOGY. + 50 0603117A ARMY ADVANCED 63,338 63,338 + TECHNOLOGY + DEVELOPMENT. + 51 0603118A SOLDIER 118,468 118,468 + LETHALITY + ADVANCED + TECHNOLOGY. + 52 0603119A GROUND ADVANCED 12,593 32,593 + TECHNOLOGY. + .............. 100 hour [10,000] + battery. + .............. Computation [2,000] + al + manufacturi + ng + engineering. + .............. Lightweight [3,000] + protective + and + hardening + materials. + .............. Robotic [5,000] + constructio + n research. + 59 0603457A C3I CYBER 13,769 13,769 + ADVANCED + DEVELOPMENT. + 60 0603461A HIGH 184,755 184,755 + PERFORMANCE + COMPUTING + MODERNIZATION + PROGRAM. + 61 0603462A NEXT GENERATION 160,035 185,035 + COMBAT VEHICLE + ADVANCED + TECHNOLOGY. + .............. Ground [5,000] + vehicle + sustainment + research. + .............. Hydrogen [20,000] + fuel cell + propulsion + & + autonomous + driving + controls. + 62 0603463A NETWORK C3I 106,899 106,899 + ADVANCED + TECHNOLOGY. + 63 0603464A LONG RANGE 174,386 178,386 + PRECISION + FIRES ADVANCED + TECHNOLOGY. + .............. Hypersonics [4,000] + research. + 64 0603465A FUTURE VERTICAL 151,640 151,640 + LIFT ADVANCED + TECHNOLOGY. + 65 0603466A AIR AND MISSILE 60,613 60,613 + DEFENSE + ADVANCED + TECHNOLOGY. + .............. SUBTOTAL 1,099,564 1,148,564 + ADVANCED + TECHNOLOGY + DEVELOPMENT. + .............. + .............. ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 73 0603305A ARMY MISSLE 10,987 10,987 + DEFENSE + SYSTEMS + INTEGRATION. + 74 0603327A AIR AND MISSILE 15,148 15,148 + DEFENSE + SYSTEMS + ENGINEERING. + 75 0603619A LANDMINE 92,915 92,915 + WARFARE AND + BARRIER--ADV + DEV. + 77 0603639A TANK AND MEDIUM 82,146 82,146 + CALIBER + AMMUNITION. + 78 0603645A ARMORED SYSTEM 157,656 157,656 + MODERNIZATION- + -ADV DEV. + 79 0603747A SOLDIER SUPPORT 6,514 6,514 + AND + SURVIVABILITY. + 80 0603766A TACTICAL 34,890 34,890 + ELECTRONIC + SURVEILLANCE + SYSTEM--ADV + DEV. + 81 0603774A NIGHT VISION 251,011 251,011 + SYSTEMS + ADVANCED + DEVELOPMENT. + 82 0603779A ENVIRONMENTAL 15,132 15,132 + QUALITY + TECHNOLOGY--DE + M/VAL. + 83 0603790A NATO RESEARCH 5,406 5,406 + AND + DEVELOPMENT. + 84 0603801A AVIATION--ADV 459,290 534,890 + DEV. + .............. UPL FVL CS3 [75,600] + program + increase. + 85 0603804A LOGISTICS AND 6,254 6,254 + ENGINEER + EQUIPMENT--ADV + DEV. + 86 0603807A MEDICAL 31,175 31,175 + SYSTEMS--ADV + DEV. + 87 0603827A SOLDIER 22,113 22,113 + SYSTEMS--ADVAN + CED + DEVELOPMENT. + 88 0604017A ROBOTICS 115,222 115,222 + DEVELOPMENT. + 90 0604021A ELECTRONIC 18,043 18,043 + WARFARE + TECHNOLOGY + MATURATION + (MIP). + 91 0604100A ANALYSIS OF 10,023 10,023 + ALTERNATIVES. + 92 0604113A FUTURE TACTICAL 40,745 40,745 + UNMANNED + AIRCRAFT + SYSTEM (FTUAS). + 93 0604114A LOWER TIER AIR 427,772 427,772 + MISSILE + DEFENSE + (LTAMD) SENSOR. + 94 0604115A TECHNOLOGY 196,676 196,676 + MATURATION + INITIATIVES. + 95 0604117A MANEUVER--SHORT 33,100 33,100 + RANGE AIR + DEFENSE (M- + SHORAD). + 97 0604119A ARMY ADVANCED 115,116 115,116 + COMPONENT + DEVELOPMENT & + PROTOTYPING. + 99 0604121A SYNTHETIC 136,761 136,761 + TRAINING + ENVIRONMENT + REFINEMENT & + PROTOTYPING. + 100 0604182A HYPERSONICS.... 228,000 358,610 + .............. UPL [130,610] + accelerate + Hypersonic + Weapons + System. + 102 0604403A FUTURE 8,000 8,000 + INTERCEPTOR. + 103 0604541A UNIFIED NETWORK 39,600 39,600 + TRANSPORT. + 104 0604644A MOBILE MEDIUM 20,000 20,000 + RANGE MISSILE. + 106 0305251A CYBERSPACE 52,102 52,102 + OPERATIONS + FORCES AND + FORCE SUPPORT. + 107 1206120A ASSURED 192,562 192,562 + POSITIONING, + NAVIGATION AND + TIMING (PNT). + 108 1206308A ARMY SPACE 104,996 104,996 + SYSTEMS + INTEGRATION. + .............. SUBTOTAL 2,929,355 3,135,565 + ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES. + .............. + .............. SYSTEM + DEVELOPMENT & + DEMONSTRATION + 109 0604201A AIRCRAFT 29,164 29,164 + AVIONICS. + 110 0604270A ELECTRONIC 70,539 70,539 + WARFARE + DEVELOPMENT. + 113 0604601A INFANTRY 106,121 126,021 + SUPPORT + WEAPONS. + .............. UPL Next [19,900] + Generation + Squad + Weapon--Aut + omatic + Rifle. + 114 0604604A MEDIUM TACTICAL 2,152 2,152 + VEHICLES. + 115 0604611A JAVELIN........ 17,897 17,897 + 116 0604622A FAMILY OF HEAVY 16,745 16,745 + TACTICAL + VEHICLES. + 117 0604633A AIR TRAFFIC 6,989 6,989 + CONTROL. + 118 0604642A LIGHT TACTICAL 10,465 10,465 + WHEELED + VEHICLES. + 119 0604645A ARMORED SYSTEMS 310,152 310,152 + MODERNIZATION + (ASM)--ENG DEV. + 120 0604710A NIGHT VISION 181,732 181,732 + SYSTEMS--ENG + DEV. + 121 0604713A COMBAT FEEDING, 2,393 2,393 + CLOTHING, AND + EQUIPMENT. + 122 0604715A NON-SYSTEM 27,412 27,412 + TRAINING + DEVICES--ENG + DEV. + 123 0604741A AIR DEFENSE 43,502 43,502 + COMMAND, + CONTROL AND + INTELLIGENCE-- + ENG DEV. + 124 0604742A CONSTRUCTIVE 11,636 11,636 + SIMULATION + SYSTEMS + DEVELOPMENT. + 125 0604746A AUTOMATIC TEST 10,915 10,915 + EQUIPMENT + DEVELOPMENT. + 126 0604760A DISTRIBUTIVE 7,801 7,801 + INTERACTIVE + SIMULATIONS + (DIS)--ENG DEV. + 127 0604768A BRILLIANT ANTI- 25,000 25,000 + ARMOR + SUBMUNITION + (BAT). + 128 0604780A COMBINED ARMS 9,241 9,241 + TACTICAL + TRAINER (CATT) + CORE. + 129 0604798A BRIGADE 42,634 42,634 + ANALYSIS, + INTEGRATION + AND EVALUATION. + 130 0604802A WEAPONS AND 181,023 181,023 + MUNITIONS--ENG + DEV. + 131 0604804A LOGISTICS AND 103,226 103,226 + ENGINEER + EQUIPMENT--ENG + DEV. + 132 0604805A COMMAND, 12,595 12,595 + CONTROL, + COMMUNICATIONS + SYSTEMS--ENG + DEV. + 133 0604807A MEDICAL 48,264 48,264 + MATERIEL/ + MEDICAL + BIOLOGICAL + DEFENSE + EQUIPMENT--ENG + DEV. + 134 0604808A LANDMINE 39,208 39,208 + WARFARE/ + BARRIER--ENG + DEV. + 135 0604818A ARMY TACTICAL 140,637 140,637 + COMMAND & + CONTROL + HARDWARE & + SOFTWARE. + 136 0604820A RADAR 105,243 105,243 + DEVELOPMENT. + 137 0604822A GENERAL FUND 46,683 46,683 + ENTERPRISE + BUSINESS + SYSTEM (GFEBS). + 138 0604823A FIREFINDER..... 17,294 17,294 + 139 0604827A SOLDIER 5,803 5,803 + SYSTEMS--WARRI + OR DEM/VAL. + 140 0604852A SUITE OF 98,698 98,698 + SURVIVABILITY + ENHANCEMENT + SYSTEMS--EMD. + 141 0604854A ARTILLERY 15,832 15,832 + SYSTEMS--EMD. + 142 0605013A INFORMATION 126,537 126,537 + TECHNOLOGY + DEVELOPMENT. + 143 0605018A INTEGRATED 142,773 0 + PERSONNEL AND + PAY SYSTEM- + ARMY (IPPS-A). + .............. Poor [-142,773] + business + process + reengineeri + ng. + 144 0605028A ARMORED MULTI- 96,730 96,730 + PURPOSE + VEHICLE (AMPV). + 145 0605029A INTEGRATED 6,699 6,699 + GROUND + SECURITY + SURVEILLANCE + RESPONSE + CAPABILITY + (IGSSR-C). + 146 0605030A JOINT TACTICAL 15,882 15,882 + NETWORK CENTER + (JTNC). + 147 0605031A JOINT TACTICAL 40,808 40,808 + NETWORK (JTN). + 149 0605033A GROUND-BASED 3,847 3,847 + OPERATIONAL + SURVEILLANCE + SYSTEM--EXPEDI + TIONARY (GBOSS- + E). + 150 0605034A TACTICAL 6,928 6,928 + SECURITY + SYSTEM (TSS). + 151 0605035A COMMON INFRARED 34,488 34,488 + COUNTERMEASURE + S (CIRCM). + 152 0605036A COMBATING 10,000 10,000 + WEAPONS OF + MASS + DESTRUCTION + (CWMD). + 154 0605038A NUCLEAR 6,054 6,054 + BIOLOGICAL + CHEMICAL + RECONNAISSANCE + VEHICLE + (NBCRV) SENSOR + SUITE. + 155 0605041A DEFENSIVE CYBER 62,262 62,262 + TOOL + DEVELOPMENT. + 156 0605042A TACTICAL 35,654 35,654 + NETWORK RADIO + SYSTEMS (LOW- + TIER). + 157 0605047A CONTRACT 19,682 0 + WRITING SYSTEM. + .............. Program [-19,682] + duplication. + 158 0605049A MISSILE WARNING 1,539 1,539 + SYSTEM + MODERNIZATION + (MWSM). + 159 0605051A AIRCRAFT 64,557 64,557 + SURVIVABILITY + DEVELOPMENT. + 160 0605052A INDIRECT FIRE 243,228 149,628 + PROTECTION + CAPABILITY INC + 2--BLOCK 1. + .............. EMAM [-124,200] + development + ahead of + need. + .............. Iron Dome [20,600] + testing and + delivery. + .............. UPL Multi- [10,000] + Domain + Artillery. + 161 0605053A GROUND ROBOTICS 41,308 28,508 + .............. Army [-12,800] + requested + realignment. + 162 0605054A EMERGING 45,896 45,896 + TECHNOLOGY + INITIATIVES. + 163 0605203A ARMY SYSTEM 164,883 164,883 + DEVELOPMENT & + DEMONSTRATION. + 165 0605450A JOINT AIR-TO- 9,500 9,500 + GROUND MISSILE + (JAGM). + 166 0605457A ARMY INTEGRATED 208,938 208,938 + AIR AND + MISSILE + DEFENSE + (AIAMD). + 167 0605625A MANNED GROUND 378,400 418,400 + VEHICLE. + .............. UPL NGCV [40,000] + 50mm gun. + 168 0605766A NATIONAL 7,835 7,835 + CAPABILITIES + INTEGRATION + (MIP). + 169 0605812A JOINT LIGHT 2,732 7,232 + TACTICAL + VEHICLE (JLTV) + ENGINEERING + AND + MANUFACTURING + DEVELOPMENT PH. + .............. Army [4,500] + requested + realignment. + 170 0605830A AVIATION GROUND 1,664 1,664 + SUPPORT + EQUIPMENT. + 172 0303032A TROJAN--RH12... 3,936 3,936 + 174 0304270A ELECTRONIC 19,675 19,675 + WARFARE + DEVELOPMENT. + .............. SUBTOTAL SYSTEM 3,549,431 3,344,976 + DEVELOPMENT & + DEMONSTRATION. + .............. + .............. RDT&E + MANAGEMENT + SUPPORT + 176 0604256A THREAT 14,117 16,117 + SIMULATOR + DEVELOPMENT. + .............. Cybersecuri [2,000] + ty threat + simulation. + 177 0604258A TARGET SYSTEMS 8,327 8,327 + DEVELOPMENT. + 178 0604759A MAJOR T&E 136,565 136,565 + INVESTMENT. + 179 0605103A RAND ARROYO 13,113 13,113 + CENTER. + 180 0605301A ARMY KWAJALEIN 238,691 238,691 + ATOLL. + 181 0605326A CONCEPTS 42,922 42,922 + EXPERIMENTATIO + N PROGRAM. + 183 0605601A ARMY TEST 334,468 349,468 + RANGES AND + FACILITIES. + .............. Directed [15,000] + energy test + capabilitie + s. + 184 0605602A ARMY TECHNICAL 46,974 46,974 + TEST + INSTRUMENTATIO + N AND TARGETS. + 185 0605604A SURVIVABILITY/ 35,075 35,075 + LETHALITY + ANALYSIS. + 186 0605606A AIRCRAFT 3,461 3,461 + CERTIFICATION. + 187 0605702A METEOROLOGICAL 6,233 6,233 + SUPPORT TO + RDT&E + ACTIVITIES. + 188 0605706A MATERIEL 21,342 21,342 + SYSTEMS + ANALYSIS. + 189 0605709A EXPLOITATION OF 11,168 11,168 + FOREIGN ITEMS. + 190 0605712A SUPPORT OF 52,723 52,723 + OPERATIONAL + TESTING. + 191 0605716A ARMY EVALUATION 60,815 60,815 + CENTER. + 192 0605718A ARMY MODELING & 2,527 2,527 + SIM X-CMD + COLLABORATION + & INTEG. + 193 0605801A PROGRAMWIDE 58,175 58,175 + ACTIVITIES. + 194 0605803A TECHNICAL 25,060 25,060 + INFORMATION + ACTIVITIES. + 195 0605805A MUNITIONS 44,458 44,458 + STANDARDIZATIO + N, + EFFECTIVENESS + AND SAFETY. + 196 0605857A ENVIRONMENTAL 4,681 4,681 + QUALITY + TECHNOLOGY + MGMT SUPPORT. + 197 0605898A ARMY DIRECT 53,820 53,820 + REPORT + HEADQUARTERS-- + R&D - MHA. + 198 0606001A MILITARY GROUND- 4,291 4,291 + BASED CREW + TECHNOLOGY. + 199 0606002A RONALD REAGAN 62,069 62,069 + BALLISTIC + MISSILE + DEFENSE TEST + SITE. + 200 0606003A COUNTERINTEL 1,050 1,050 + AND HUMAN + INTEL + MODERNIZATION. + 201 0606942A ASSESSMENTS AND 4,500 4,500 + EVALUATIONS + CYBER + VULNERABILITIE + S. + .............. SUBTOTAL RDT&E 1,286,625 1,303,625 + MANAGEMENT + SUPPORT. + .............. + .............. OPERATIONAL + SYSTEMS + DEVELOPMENT + 204 0603778A MLRS PRODUCT 22,877 22,877 + IMPROVEMENT + PROGRAM. + 206 0605024A ANTI-TAMPER 8,491 8,491 + TECHNOLOGY + SUPPORT. + 207 0607131A WEAPONS AND 15,645 15,645 + MUNITIONS + PRODUCT + IMPROVEMENT + PROGRAMS. + 209 0607134A LONG RANGE 164,182 164,182 + PRECISION + FIRES (LRPF). + 211 0607136A BLACKHAWK 13,039 13,039 + PRODUCT + IMPROVEMENT + PROGRAM. + 212 0607137A CHINOOK PRODUCT 174,371 174,371 + IMPROVEMENT + PROGRAM. + 213 0607138A FIXED WING 4,545 4,545 + PRODUCT + IMPROVEMENT + PROGRAM. + 214 0607139A IMPROVED 206,434 206,434 + TURBINE ENGINE + PROGRAM. + 216 0607142A AVIATION ROCKET 24,221 24,221 + SYSTEM PRODUCT + IMPROVEMENT + AND + DEVELOPMENT. + 217 0607143A UNMANNED 32,016 32,016 + AIRCRAFT + SYSTEM + UNIVERSAL + PRODUCTS. + 218 0607145A APACHE FUTURE 5,448 5,448 + DEVELOPMENT. + 219 0607312A ARMY 49,526 49,526 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + 220 0607665A FAMILY OF 1,702 1,702 + BIOMETRICS. + 221 0607865A PATRIOT PRODUCT 96,430 96,430 + IMPROVEMENT. + 222 0203728A JOINT AUTOMATED 47,398 47,398 + DEEP OPERATION + COORDINATION + SYSTEM + (JADOCS). + 223 0203735A COMBAT VEHICLE 334,463 334,463 + IMPROVEMENT + PROGRAMS. + 225 0203743A 155MM SELF- 214,246 214,246 + PROPELLED + HOWITZER + IMPROVEMENTS. + 226 0203744A AIRCRAFT 16,486 16,486 + MODIFICATIONS/ + PRODUCT + IMPROVEMENT + PROGRAMS. + 227 0203752A AIRCRAFT ENGINE 144 144 + COMPONENT + IMPROVEMENT + PROGRAM. + 228 0203758A DIGITIZATION... 5,270 5,270 + 229 0203801A MISSILE/AIR 1,287 1,287 + DEFENSE + PRODUCT + IMPROVEMENT + PROGRAM. + 230 0203802A OTHER MISSILE 0 24,100 + PRODUCT + IMPROVEMENT + PROGRAMS. + .............. UPL CD [24,100] + ATACMS. + 234 0205412A ENVIRONMENTAL 732 732 + QUALITY + TECHNOLOGY--OP + ERATIONAL + SYSTEM DEV. + 235 0205456A LOWER TIER AIR 107,746 107,746 + AND MISSILE + DEFENSE (AMD) + SYSTEM. + 236 0205778A GUIDED MULTIPLE- 138,594 138,594 + LAUNCH ROCKET + SYSTEM (GMLRS). + 238 0303028A SECURITY AND 13,845 13,845 + INTELLIGENCE + ACTIVITIES. + 239 0303140A INFORMATION 29,185 29,185 + SYSTEMS + SECURITY + PROGRAM. + 240 0303141A GLOBAL COMBAT 68,976 68,976 + SUPPORT SYSTEM. + 241 0303150A WWMCCS/GLOBAL 2,073 2,073 + COMMAND AND + CONTROL SYSTEM. + 245 0305179A INTEGRATED 459 459 + BROADCAST + SERVICE (IBS). + 246 0305204A TACTICAL 5,097 5,097 + UNMANNED + AERIAL + VEHICLES. + 247 0305206A AIRBORNE 11,177 11,177 + RECONNAISSANCE + SYSTEMS. + 248 0305208A DISTRIBUTED 38,121 38,121 + COMMON GROUND/ + SURFACE + SYSTEMS. + 250 0305232A RQ-11 UAV...... 3,218 3,218 + 251 0305233A RQ-7 UAV....... 7,817 7,817 + 252 0307665A BIOMETRICS 2,000 2,000 + ENABLED + INTELLIGENCE. + 253 0708045A END ITEM 59,848 62,848 + INDUSTRIAL + PREPAREDNESS + ACTIVITIES. + .............. Nanoscale [3,000] + materials + manufacturi + ng. + 254 1203142A SATCOM GROUND 34,169 34,169 + ENVIRONMENT + (SPACE). + 255 1208053A JOINT TACTICAL 10,275 10,275 + GROUND SYSTEM. + 999 9999999999 CLASSIFIED 7,273 7,273 + PROGRAMS. + .............. SUBTOTAL 1,978,826 2,005,926 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + .............. + .............. TOTAL RESEARCH, 12,192,771 12,344,126 + DEVELOPMENT, + TEST & EVAL, + ARMY. + .............. + .............. RESEARCH, + DEVELOPMENT, + TEST & EVAL, + NAVY + .............. BASIC RESEARCH + 1 0601103N UNIVERSITY 116,850 126,850 + RESEARCH + INITIATIVES. + .............. Cyber basic [10,000] + research. + 2 0601152N IN-HOUSE 19,121 19,121 + LABORATORY + INDEPENDENT + RESEARCH. + 3 0601153N DEFENSE 470,007 470,007 + RESEARCH + SCIENCES. + .............. SUBTOTAL BASIC 605,978 615,978 + RESEARCH. + .............. + .............. APPLIED + RESEARCH + 4 0602114N POWER 18,546 18,546 + PROJECTION + APPLIED + RESEARCH. + 5 0602123N FORCE 119,517 136,017 + PROTECTION + APPLIED + RESEARCH. + .............. Carbon [8,000] + capture. + .............. Electric [2,500] + propulsion + research. + .............. Energy [3,000] + resilience + research. + .............. Program [-5,000] + reduction. + .............. Test bed [8,000] + for + autonomous + ship + systems. + 6 0602131M MARINE CORPS 56,604 59,604 + LANDING FORCE + TECHNOLOGY. + .............. Interdiscip [3,000] + linary + cybersecuri + ty. + 7 0602235N COMMON PICTURE 49,297 44,297 + APPLIED + RESEARCH. + .............. Coordinate [-5,000] + space + activities. + 8 0602236N WARFIGHTER 63,825 65,825 + SUSTAINMENT + APPLIED + RESEARCH. + .............. Warfighter [2,000] + safety and + performance + research. + 9 0602271N ELECTROMAGNETIC 83,497 78,497 + SYSTEMS + APPLIED + RESEARCH. + .............. Coordinate [-5,000] + EW + activities. + 10 0602435N OCEAN 63,894 63,894 + WARFIGHTING + ENVIRONMENT + APPLIED + RESEARCH. + 11 0602651M JOINT NON- 6,346 6,346 + LETHAL WEAPONS + APPLIED + RESEARCH. + 12 0602747N UNDERSEA 57,075 64,575 + WARFARE + APPLIED + RESEARCH. + .............. Undersea [7,500] + vehicle + technology + research. + 13 0602750N FUTURE NAVAL 154,755 154,755 + CAPABILITIES + APPLIED + RESEARCH. + 14 0602782N MINE AND 36,074 36,074 + EXPEDITIONARY + WARFARE + APPLIED + RESEARCH. + 15 0602792N INNOVATIVE 153,062 153,062 + NAVAL + PROTOTYPES + (INP) APPLIED + RESEARCH. + 16 0602861N SCIENCE AND 73,961 73,961 + TECHNOLOGY + MANAGEMENT--ON + R FIELD + ACITIVITIES. + .............. SUBTOTAL 936,453 955,453 + APPLIED + RESEARCH. + .............. + .............. ADVANCED + TECHNOLOGY + DEVELOPMENT + 17 0603123N FORCE 35,286 35,286 + PROTECTION + ADVANCED + TECHNOLOGY. + 18 0603271N ELECTROMAGNETIC 9,499 9,499 + SYSTEMS + ADVANCED + TECHNOLOGY. + 19 0603640M USMC ADVANCED 172,847 176,847 + TECHNOLOGY + DEMONSTRATION + (ATD). + .............. Consolidate [-5,000] + efforts in + AI/ML with + Joint Force. + .............. UPL MUDLAN [9,000] + program + increase. + 20 0603651M JOINT NON- 13,307 13,307 + LETHAL WEAPONS + TECHNOLOGY + DEVELOPMENT. + 21 0603673N FUTURE NAVAL 231,907 231,907 + CAPABILITIES + ADVANCED + TECHNOLOGY + DEVELOPMENT. + 22 0603680N MANUFACTURING 60,138 60,138 + TECHNOLOGY + PROGRAM. + 23 0603729N WARFIGHTER 4,849 4,849 + PROTECTION + ADVANCED + TECHNOLOGY. + 25 0603758N NAVY 67,739 67,739 + WARFIGHTING + EXPERIMENTS + AND + DEMONSTRATIONS. + 26 0603782N MINE AND 13,335 13,335 + EXPEDITIONARY + WARFARE + ADVANCED + TECHNOLOGY. + 27 0603801N INNOVATIVE 133,303 128,303 + NAVAL + PROTOTYPES + (INP) ADVANCED + TECHNOLOGY + DEVELOPMENT. + .............. Reduce [-5,000] + electronic + manuever. + .............. SUBTOTAL 742,210 741,210 + ADVANCED + TECHNOLOGY + DEVELOPMENT. + .............. + .............. ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 28 0603207N AIR/OCEAN 32,643 38,643 + TACTICAL + APPLICATIONS. + .............. Program [6,000] + increase + for 1 REMUS + 600 vehicle. + 29 0603216N AVIATION 11,919 11,919 + SURVIVABILITY. + 30 0603251N AIRCRAFT 1,473 1,473 + SYSTEMS. + 31 0603254N ASW SYSTEMS 7,172 7,172 + DEVELOPMENT. + 32 0603261N TACTICAL 3,419 3,419 + AIRBORNE + RECONNAISSANCE. + 33 0603382N ADVANCED COMBAT 64,694 64,694 + SYSTEMS + TECHNOLOGY. + 34 0603502N SURFACE AND 507,000 134,500 + SHALLOW WATER + MINE + COUNTERMEASURE + S. + .............. Excess [-372,500] + procurement + ahead of + satisfactor + y testing. + 35 0603506N SURFACE SHIP 15,800 15,800 + TORPEDO + DEFENSE. + 36 0603512N CARRIER SYSTEMS 4,997 4,997 + DEVELOPMENT. + 37 0603525N PILOT FISH..... 291,148 291,148 + 38 0603527N RETRACT LARCH.. 11,980 11,980 + 39 0603536N RETRACT JUNIPER 129,163 129,163 + 40 0603542N RADIOLOGICAL 689 689 + CONTROL. + 41 0603553N SURFACE ASW.... 1,137 1,137 + 42 0603561N ADVANCED 148,756 153,756 + SUBMARINE + SYSTEM + DEVELOPMENT. + .............. Project [5,000] + 2033: Test + site + emergent + repairs. + 43 0603562N SUBMARINE 11,192 11,192 + TACTICAL + WARFARE + SYSTEMS. + 44 0603563N SHIP CONCEPT 81,846 57,846 + ADVANCED + DESIGN. + .............. Early to [-24,000] + need. + 45 0603564N SHIP 69,084 22,484 + PRELIMINARY + DESIGN & + FEASIBILITY + STUDIES. + .............. Early to [-46,600] + need. + 46 0603570N ADVANCED 181,652 181,652 + NUCLEAR POWER + SYSTEMS. + 47 0603573N ADVANCED 25,408 150,408 + SURFACE + MACHINERY + SYSTEMS. + .............. Surface [125,000] + combatant + component- + level + prototyping. + 48 0603576N CHALK EAGLE.... 64,877 64,877 + 49 0603581N LITTORAL COMBAT 9,934 9,934 + SHIP (LCS). + 50 0603582N COMBAT SYSTEM 17,251 17,251 + INTEGRATION. + 51 0603595N OHIO 419,051 434,051 + REPLACEMENT. + .............. Accelerate [15,000] + advanced + propulsor + development. + 52 0603596N LCS MISSION 108,505 103,505 + MODULES. + .............. Availabe [-5,000] + prior year + funds due + to SUW MP + testing + delay. + 53 0603597N AUTOMATED TEST 7,653 7,653 + AND ANALYSIS. + 54 0603599N FRIGATE 59,007 59,007 + DEVELOPMENT. + 55 0603609N CONVENTIONAL 9,988 9,988 + MUNITIONS. + 56 0603635M MARINE CORPS 86,464 86,464 + GROUND COMBAT/ + SUPPORT SYSTEM. + 57 0603654N JOINT SERVICE 33,478 33,478 + EXPLOSIVE + ORDNANCE + DEVELOPMENT. + 58 0603713N OCEAN 5,619 5,619 + ENGINEERING + TECHNOLOGY + DEVELOPMENT. + 59 0603721N ENVIRONMENTAL 20,564 20,564 + PROTECTION. + 60 0603724N NAVY ENERGY 26,514 26,514 + PROGRAM. + 61 0603725N FACILITIES 3,440 3,440 + IMPROVEMENT. + 62 0603734N CHALK CORAL.... 346,800 346,800 + 63 0603739N NAVY LOGISTIC 3,857 3,857 + PRODUCTIVITY. + 64 0603746N RETRACT MAPLE.. 258,519 258,519 + 65 0603748N LINK PLUMERIA.. 403,909 403,909 + 66 0603751N RETRACT ELM.... 63,434 63,434 + 67 0603764N LINK EVERGREEN. 184,110 184,110 + 68 0603790N NATO RESEARCH 7,697 7,697 + AND + DEVELOPMENT. + 69 0603795N LAND ATTACK 9,086 9,086 + TECHNOLOGY. + 70 0603851M JOINT NON- 28,466 28,466 + LETHAL WEAPONS + TESTING. + 71 0603860N JOINT PRECISION 51,341 51,341 + APPROACH AND + LANDING + SYSTEMS--DEM/ + VAL. + 72 0603925N DIRECTED ENERGY 118,169 118,169 + AND ELECTRIC + WEAPON SYSTEMS. + 73 0604014N F/A -18 113,456 113,456 + INFRARED + SEARCH AND + TRACK (IRST). + 74 0604027N DIGITAL WARFARE 50,120 50,120 + OFFICE. + 75 0604028N SMALL AND 32,527 32,527 + MEDIUM + UNMANNED + UNDERSEA + VEHICLES. + 76 0604029N UNMANNED 54,376 54,376 + UNDERSEA + VEHICLE CORE + TECHNOLOGIES. + 77 0604030N RAPID 36,197 36,197 + PROTOTYPING, + EXPERIMENTATIO + N AND + DEMONSTRATION.. + 78 0604031N LARGE UNMANNED 68,310 68,310 + UNDERSEA + VEHICLES. + 79 0604112N GERALD R. FORD 121,310 121,310 + CLASS NUCLEAR + AIRCRAFT + CARRIER (CVN + 78--80). + 80 0604126N LITTORAL 17,248 17,248 + AIRBORNE MCM. + 81 0604127N SURFACE MINE 18,735 18,735 + COUNTERMEASURE + S. + 82 0604272N TACTICAL AIR 68,346 68,346 + DIRECTIONAL + INFRARED + COUNTERMEASURE + S (TADIRCM). + 84 0604289M NEXT GENERATION 4,420 13,420 + LOGISTICS. + .............. Additive [9,000] + manufacturi + ng + logistics + software + pilot. + 85 0604320M RAPID 4,558 4,558 + TECHNOLOGY + CAPABILITY + PROTOTYPE. + 86 0604454N LX (R)......... 12,500 12,500 + 87 0604536N ADVANCED 181,967 181,967 + UNDERSEA + PROTOTYPING. + 88 0604636N COUNTER 5,500 5,500 + UNMANNED + AIRCRAFT + SYSTEMS (C- + UAS). + 89 0604659N PRECISION 718,148 723,148 + STRIKE WEAPONS + DEVELOPMENT + PROGRAM. + .............. Increase [5,000] + for SLCM-N + AOA. + 90 0604707N SPACE AND 5,263 5,263 + ELECTRONIC + WARFARE (SEW) + ARCHITECTURE/ + ENGINEERING + SUPPORT. + 91 0604786N OFFENSIVE ANTI- 65,419 65,419 + SURFACE + WARFARE WEAPON + DEVELOPMENT. + 92 0303354N ASW SYSTEMS 9,991 9,991 + DEVELOPMENT--M + IP. + 93 0304240M ADVANCED 21,157 21,157 + TACTICAL + UNMANNED + AIRCRAFT + SYSTEM. + 95 0304270N ELECTRONIC 609 609 + WARFARE + DEVELOPMENT--M + IP. + .............. SUBTOTAL 5,559,062 5,275,962 + ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES. + .............. + .............. SYSTEM + DEVELOPMENT & + DEMONSTRATION + 96 0603208N TRAINING SYSTEM 15,514 15,514 + AIRCRAFT. + 97 0604212N OTHER HELO 28,835 28,835 + DEVELOPMENT. + 98 0604214M AV-8B AIRCRAFT-- 27,441 27,441 + ENG DEV. + 100 0604215N STANDARDS 3,642 3,642 + DEVELOPMENT. + 101 0604216N MULTI-MISSION 19,196 19,196 + HELICOPTER + UPGRADE + DEVELOPMENT. + 104 0604230N WARFARE SUPPORT 8,601 8,601 + SYSTEM. + 105 0604231N TACTICAL 77,232 77,232 + COMMAND SYSTEM. + 106 0604234N ADVANCED 232,752 232,752 + HAWKEYE. + 107 0604245M H-1 UPGRADES... 65,359 65,359 + 109 0604261N ACOUSTIC SEARCH 47,013 47,013 + SENSORS. + 110 0604262N V-22A.......... 185,105 190,605 + .............. Increase [5,500] + reliability + and reduce + vibrations + of V-22 + Nacelles. + 111 0604264N AIR CREW 21,172 21,172 + SYSTEMS + DEVELOPMENT. + 112 0604269N EA-18.......... 143,585 143,585 + 113 0604270N ELECTRONIC 116,811 116,811 + WARFARE + DEVELOPMENT. + 114 0604273M EXECUTIVE HELO 187,436 187,436 + DEVELOPMENT. + 116 0604274N NEXT GENERATION 524,261 524,261 + JAMMER (NGJ). + 117 0604280N JOINT TACTICAL 192,345 192,345 + RADIO SYSTEM-- + NAVY (JTRS- + NAVY). + 118 0604282N NEXT GENERATION 111,068 111,068 + JAMMER (NGJ) + INCREMENT II. + 119 0604307N SURFACE 415,625 415,625 + COMBATANT + COMBAT SYSTEM + ENGINEERING. + 120 0604311N LPD-17 CLASS 640 640 + SYSTEMS + INTEGRATION. + 121 0604329N SMALL DIAMETER 50,096 50,096 + BOMB (SDB). + 122 0604366N STANDARD 232,391 232,391 + MISSILE + IMPROVEMENTS. + 123 0604373N AIRBORNE MCM... 10,916 10,916 + 124 0604378N NAVAL 33,379 33,379 + INTEGRATED + FIRE CONTROL-- + COUNTER AIR + SYSTEMS + ENGINEERING. + 125 0604501N ADVANCED ABOVE 34,554 34,554 + WATER SENSORS. + 126 0604503N SSN-688 AND 84,663 84,663 + TRIDENT + MODERNIZATION. + 127 0604504N AIR CONTROL.... 44,923 44,923 + 128 0604512N SHIPBOARD 10,632 10,632 + AVIATION + SYSTEMS. + 129 0604518N COMBAT 16,094 16,094 + INFORMATION + CENTER + CONVERSION. + 130 0604522N AIR AND MISSILE 55,349 55,349 + DEFENSE RADAR + (AMDR) SYSTEM. + 131 0604530N ADVANCED 123,490 123,490 + ARRESTING GEAR + (AAG). + 132 0604558N NEW DESIGN SSN. 121,010 121,010 + 133 0604562N SUBMARINE 62,426 62,426 + TACTICAL + WARFARE SYSTEM. + 134 0604567N SHIP CONTRACT 46,809 46,809 + DESIGN/ LIVE + FIRE T&E. + 135 0604574N NAVY TACTICAL 3,692 3,692 + COMPUTER + RESOURCES. + 137 0604601N MINE 28,964 100,264 + DEVELOPMENT. + .............. UPL [71,300] + Quickstrike + JDAM ER. + 138 0604610N LIGHTWEIGHT 148,349 148,349 + TORPEDO + DEVELOPMENT. + 139 0604654N JOINT SERVICE 8,237 8,237 + EXPLOSIVE + ORDNANCE + DEVELOPMENT. + 140 0604657M USMC GROUND 22,000 22,000 + COMBAT/ + SUPPORTING + ARMS SYSTEMS-- + ENG DEV. + 141 0604703N PERSONNEL, 5,500 5,500 + TRAINING, + SIMULATION, + AND HUMAN + FACTORS. + 142 0604727N JOINT STANDOFF 18,725 18,725 + WEAPON SYSTEMS. + 143 0604755N SHIP SELF 192,603 192,603 + DEFENSE + (DETECT & + CONTROL). + 144 0604756N SHIP SELF 137,268 137,268 + DEFENSE + (ENGAGE: HARD + KILL). + 145 0604757N SHIP SELF 97,363 97,363 + DEFENSE + (ENGAGE: SOFT + KILL/EW). + 146 0604761N INTELLIGENCE 26,710 26,710 + ENGINEERING. + 147 0604771N MEDICAL 8,181 8,181 + DEVELOPMENT. + 148 0604777N NAVIGATION/ID 40,755 40,755 + SYSTEM. + 149 0604800M JOINT STRIKE 1,710 1,710 + FIGHTER (JSF)-- + EMD. + 150 0604800N JOINT STRIKE 1,490 1,490 + FIGHTER (JSF)-- + EMD. + 153 0605013M INFORMATION 1,494 1,494 + TECHNOLOGY + DEVELOPMENT. + 154 0605013N INFORMATION 384,162 328,722 + TECHNOLOGY + DEVELOPMENT. + .............. eProcuremen [-55,440] + t program + duplication. + 155 0605024N ANTI-TAMPER 4,882 4,882 + TECHNOLOGY + SUPPORT. + 156 0605212M CH-53K RDTE.... 516,955 506,955 + .............. Early to [-10,000] + need. + 158 0605215N MISSION 75,886 75,886 + PLANNING. + 159 0605217N COMMON AVIONICS 43,187 43,187 + 160 0605220N SHIP TO SHORE 4,909 19,909 + CONNECTOR + (SSC). + .............. Expand [15,000] + development + and use of + composite + materials. + 161 0605327N T-AO 205 CLASS. 1,682 1,682 + 162 0605414N UNMANNED 671,258 671,258 + CARRIER + AVIATION (UCA). + 163 0605450M JOINT AIR-TO- 18,393 18,393 + GROUND MISSILE + (JAGM). + 165 0605500N MULTI-MISSION 21,472 21,472 + MARITIME + AIRCRAFT (MMA). + 166 0605504N MULTI-MISSION 177,234 177,234 + MARITIME (MMA) + INCREMENT III. + 167 0605611M MARINE CORPS 77,322 77,322 + ASSAULT + VEHICLES + SYSTEM + DEVELOPMENT & + DEMONSTRATION. + 168 0605813M JOINT LIGHT 2,105 2,105 + TACTICAL + VEHICLE (JLTV) + SYSTEM + DEVELOPMENT & + DEMONSTRATION. + 169 0204202N DDG-1000....... 111,435 111,435 + 172 0304785N TACTICAL 101,339 101,339 + CRYPTOLOGIC + SYSTEMS. + 173 0306250M CYBER 26,406 26,406 + OPERATIONS + TECHNOLOGY + DEVELOPMENT. + .............. SUBTOTAL SYSTEM 6,332,033 6,358,393 + DEVELOPMENT & + DEMONSTRATION. + .............. + .............. MANAGEMENT + SUPPORT + 174 0604256N THREAT 66,678 66,678 + SIMULATOR + DEVELOPMENT. + 175 0604258N TARGET SYSTEMS 12,027 12,027 + DEVELOPMENT. + 176 0604759N MAJOR T&E 85,348 85,348 + INVESTMENT. + 178 0605152N STUDIES AND 3,908 3,908 + ANALYSIS + SUPPORT--NAVY. + 179 0605154N CENTER FOR 47,669 47,669 + NAVAL ANALYSES. + 180 0605285N NEXT GENERATION 20,698 20,698 + FIGHTER. + 182 0605804N TECHNICAL 988 988 + INFORMATION + SERVICES. + 183 0605853N MANAGEMENT, 102,401 102,401 + TECHNICAL & + INTERNATIONAL + SUPPORT. + 184 0605856N STRATEGIC 3,742 3,742 + TECHNICAL + SUPPORT. + 186 0605863N RDT&E SHIP AND 93,872 93,872 + AIRCRAFT + SUPPORT. + 187 0605864N TEST AND 394,020 394,020 + EVALUATION + SUPPORT. + 188 0605865N OPERATIONAL 25,145 25,145 + TEST AND + EVALUATION + CAPABILITY. + 189 0605866N NAVY SPACE AND 15,773 15,773 + ELECTRONIC + WARFARE (SEW) + SUPPORT. + 190 0605867N SEW 8,402 8,402 + SURVEILLANCE/ + RECONNAISSANCE + SUPPORT. + 191 0605873M MARINE CORPS 37,265 37,265 + PROGRAM WIDE + SUPPORT. + 192 0605898N MANAGEMENT HQ-- 39,673 39,673 + R&D. + 193 0606355N WARFARE 28,750 28,750 + INNOVATION + MANAGEMENT. + 196 0305327N INSIDER THREAT. 2,645 2,645 + 197 0902498N MANAGEMENT 1,460 1,460 + HEADQUARTERS + (DEPARTMENTAL + SUPPORT + ACTIVITIES). + .............. SUBTOTAL 990,464 990,464 + MANAGEMENT + SUPPORT. + .............. + .............. OPERATIONAL + SYSTEMS + DEVELOPMENT + 202 0604227N HARPOON 2,302 2,302 + MODIFICATIONS. + 203 0604840M F-35 C2D2...... 422,881 422,881 + 204 0604840N F-35 C2D2...... 383,741 383,741 + 205 0607658N COOPERATIVE 127,924 127,924 + ENGAGEMENT + CAPABILITY + (CEC). + 207 0101221N STRATEGIC SUB & 157,676 157,676 + WEAPONS SYSTEM + SUPPORT. + 208 0101224N SSBN SECURITY 43,354 43,354 + TECHNOLOGY + PROGRAM. + 209 0101226N SUBMARINE 6,815 6,815 + ACOUSTIC + WARFARE + DEVELOPMENT. + 210 0101402N NAVY STRATEGIC 31,174 31,174 + COMMUNICATIONS. + 211 0204136N F/A-18 213,715 213,715 + SQUADRONS. + 213 0204228N SURFACE SUPPORT 36,389 36,389 + 214 0204229N TOMAHAWK AND 320,134 320,134 + TOMAHAWK + MISSION + PLANNING + CENTER (TMPC). + 215 0204311N INTEGRATED 88,382 103,382 + SURVEILLANCE + SYSTEM. + .............. Additional [15,000] + TRAPS units. + 216 0204313N SHIP-TOWED 14,449 14,449 + ARRAY + SURVEILLANCE + SYSTEMS. + 217 0204413N AMPHIBIOUS 6,931 6,931 + TACTICAL + SUPPORT UNITS + (DISPLACEMENT + CRAFT). + 218 0204460M GROUND/AIR TASK 23,891 23,891 + ORIENTED RADAR + (G/ATOR). + 219 0204571N CONSOLIDATED 129,873 129,873 + TRAINING + SYSTEMS + DEVELOPMENT. + 221 0204575N ELECTRONIC 82,325 82,325 + WARFARE (EW) + READINESS + SUPPORT. + 222 0205601N HARM 138,431 138,431 + IMPROVEMENT. + 224 0205620N SURFACE ASW 29,572 29,572 + COMBAT SYSTEM + INTEGRATION. + 225 0205632N MK-48 ADCAP.... 85,973 85,973 + 226 0205633N AVIATION 125,461 125,461 + IMPROVEMENTS. + 227 0205675N OPERATIONAL 106,192 106,192 + NUCLEAR POWER + SYSTEMS. + 228 0206313M MARINE CORPS 143,317 143,317 + COMMUNICATIONS + SYSTEMS. + 229 0206335M COMMON AVIATION 4,489 4,489 + COMMAND AND + CONTROL SYSTEM + (CAC2S). + 230 0206623M MARINE CORPS 51,788 51,788 + GROUND COMBAT/ + SUPPORTING + ARMS SYSTEMS. + 231 0206624M MARINE CORPS 37,761 42,761 + COMBAT + SERVICES + SUPPORT. + .............. Airborne [5,000] + Power + Generation + Tech + Development. + 232 0206625M USMC 21,458 21,458 + INTELLIGENCE/ + ELECTRONIC + WARFARE + SYSTEMS (MIP). + 233 0206629M AMPHIBIOUS 5,476 5,476 + ASSAULT + VEHICLE. + 234 0207161N TACTICAL AIM 19,488 19,488 + MISSILES. + 235 0207163N ADVANCED MEDIUM 39,029 39,029 + RANGE AIR-TO- + AIR MISSILE + (AMRAAM). + 239 0303109N SATELLITE 34,344 34,344 + COMMUNICATIONS + (SPACE). + 240 0303138N CONSOLIDATED 22,873 22,873 + AFLOAT NETWORK + ENTERPRISE + SERVICES + (CANES). + 241 0303140N INFORMATION 41,853 41,853 + SYSTEMS + SECURITY + PROGRAM. + 243 0305192N MILITARY 8,913 8,913 + INTELLIGENCE + PROGRAM (MIP) + ACTIVITIES. + 244 0305204N TACTICAL 9,451 9,451 + UNMANNED + AERIAL + VEHICLES. + 245 0305205N UAS INTEGRATION 42,315 42,315 + AND + INTEROPERABILI + TY. + 246 0305208M DISTRIBUTED 22,042 22,042 + COMMON GROUND/ + SURFACE + SYSTEMS. + 248 0305220N MQ-4C TRITON... 11,784 11,784 + 249 0305231N MQ-8 UAV....... 29,618 29,618 + 250 0305232M RQ-11 UAV...... 509 509 + 251 0305234N SMALL (LEVEL 0) 11,545 11,545 + TACTICAL UAS + (STUASL0). + 252 0305239M RQ-21A......... 10,914 10,914 + 253 0305241N MULTI- 70,612 70,612 + INTELLIGENCE + SENSOR + DEVELOPMENT. + 254 0305242M UNMANNED AERIAL 3,704 3,704 + SYSTEMS (UAS) + PAYLOADS (MIP). + 255 0305421N RQ-4 202,346 202,346 + MODERNIZATION. + 256 0308601N MODELING AND 7,119 7,119 + SIMULATION + SUPPORT. + 257 0702207N DEPOT 38,182 38,182 + MAINTENANCE + (NON-IF). + 258 0708730N MARITIME 6,779 6,779 + TECHNOLOGY + (MARITECH). + 259 1203109N SATELLITE 15,868 15,868 + COMMUNICATIONS + (SPACE). + 999 9999999999 CLASSIFIED 1,613,137 1,613,137 + PROGRAMS. + .............. SUBTOTAL 5,104,299 5,124,299 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + .............. + .............. TOTAL RESEARCH, 20,270,499 20,061,759 + DEVELOPMENT, + TEST & EVAL, + NAVY. + .............. + .............. RESEARCH, + DEVELOPMENT, + TEST & EVAL, + AF + .............. BASIC RESEARCH + 1 0601102F DEFENSE 356,107 356,107 + RESEARCH + SCIENCES. + 2 0601103F UNIVERSITY 158,859 158,859 + RESEARCH + INITIATIVES. + 3 0601108F HIGH ENERGY 14,795 14,795 + LASER RESEARCH + INITIATIVES. + .............. SUBTOTAL BASIC 529,761 529,761 + RESEARCH. + .............. + .............. APPLIED + RESEARCH + 4 0602102F MATERIALS...... 128,851 122,851 + .............. Advanced [4,000] + materials + high energy + x-ray. + .............. Duplicative [-10,000] + material + research. + 5 0602201F AEROSPACE 147,724 137,724 + VEHICLE + TECHNOLOGIES. + .............. Reduce [-10,000] + program + growth. + 6 0602202F HUMAN 131,795 131,795 + EFFECTIVENESS + APPLIED + RESEARCH. + 7 0602203F AEROSPACE 198,775 198,775 + PROPULSION. + 8 0602204F AEROSPACE 202,912 202,912 + SENSORS. + 10 0602298F SCIENCE AND 7,968 7,968 + TECHNOLOGY + MANAGEMENT-- + MAJOR + HEADQUARTERS + ACTIVITIES. + 12 0602602F CONVENTIONAL 142,772 142,772 + MUNITIONS. + 13 0602605F DIRECTED ENERGY 124,379 124,379 + TECHNOLOGY. + 14 0602788F DOMINANT 181,562 199,062 + INFORMATION + SCIENCES AND + METHODS. + .............. Counter UAS [2,500] + cyber. + .............. Cyberspace [10,000] + dominance + technology + research. + .............. Quantum [5,000] + science. + 15 0602890F HIGH ENERGY 44,221 49,221 + LASER RESEARCH. + .............. High power [5,000] + microwave + research. + 16 1206601F SPACE 124,667 124,667 + TECHNOLOGY. + .............. SUBTOTAL 1,435,626 1,442,126 + APPLIED + RESEARCH. + .............. + .............. ADVANCED + TECHNOLOGY + DEVELOPMENT + 17 0603112F ADVANCED 36,586 38,586 + MATERIALS FOR + WEAPON SYSTEMS. + .............. Metals [2,000] + affordabili + ty research. + 18 0603199F SUSTAINMENT 16,249 16,249 + SCIENCE AND + TECHNOLOGY + (S&T). + 19 0603203F ADVANCED 38,292 38,292 + AEROSPACE + SENSORS. + 20 0603211F AEROSPACE 102,949 307,949 + TECHNOLOGY DEV/ + DEMO. + .............. Accelerate [75,000] + air + breathing + hypersonic + program. + .............. Active [5,000] + winglets + development. + .............. Advanced [25,000] + Personnel + Recovery. + .............. LCAAT...... [100,000] + 21 0603216F AEROSPACE 113,973 123,973 + PROPULSION AND + POWER + TECHNOLOGY. + .............. Advanced [10,000] + turbine + engine gas + generator. + 22 0603270F ELECTRONIC 48,408 38,408 + COMBAT + TECHNOLOGY. + .............. Duplicative [-10,000] + EW & PNT + research. + 23 0603401F ADVANCED 70,525 73,525 + SPACECRAFT + TECHNOLOGY. + .............. Strategic [3,000] + radiation + hardened + microelectr + onic + processors. + 24 0603444F MAUI SPACE 11,878 11,878 + SURVEILLANCE + SYSTEM (MSSS). + 25 0603456F HUMAN 37,542 37,542 + EFFECTIVENESS + ADVANCED + TECHNOLOGY + DEVELOPMENT. + 26 0603601F CONVENTIONAL 225,817 225,817 + WEAPONS + TECHNOLOGY. + 27 0603605F ADVANCED 37,404 37,404 + WEAPONS + TECHNOLOGY. + 28 0603680F MANUFACTURING 43,116 50,116 + TECHNOLOGY + PROGRAM. + .............. Advanced [7,000] + materials + and + materials + manufacturi + ng. + 29 0603788F BATTLESPACE 56,414 66,414 + KNOWLEDGE + DEVELOPMENT + AND + DEMONSTRATION. + .............. Cyber [10,000] + applied + research. + .............. SUBTOTAL 839,153 1,066,153 + ADVANCED + TECHNOLOGY + DEVELOPMENT. + .............. + .............. ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 31 0603260F INTELLIGENCE 5,672 5,672 + ADVANCED + DEVELOPMENT. + 32 0603742F COMBAT 27,085 27,085 + IDENTIFICATION + TECHNOLOGY. + 33 0603790F NATO RESEARCH 4,955 4,955 + AND + DEVELOPMENT. + 34 0603851F INTERCONTINENTA 44,109 44,109 + L BALLISTIC + MISSILE--DEM/ + VAL. + 36 0604002F AIR FORCE 772 772 + WEATHER + SERVICES + RESEARCH. + 37 0604004F ADVANCED ENGINE 878,442 878,442 + DEVELOPMENT. + 38 0604015F LONG RANGE 3,003,899 3,003,899 + STRIKE--BOMBER. + 39 0604032F DIRECTED ENERGY 10,000 10,000 + PROTOTYPING. + 40 0604033F HYPERSONICS 576,000 576,000 + PROTOTYPING. + 41 0604201F PNT RESILIENCY, 92,600 124,600 + MODS, AND + IMPROVEMENTS. + .............. UPL M-CODE [32,000] + acceleratio + n. + 42 0604257F ADVANCED 23,145 23,145 + TECHNOLOGY AND + SENSORS. + 43 0604288F NATIONAL 16,669 16,669 + AIRBORNE OPS + CENTER (NAOC) + RECAP. + 44 0604317F TECHNOLOGY 23,614 23,614 + TRANSFER. + 45 0604327F HARD AND DEEPLY 113,121 113,121 + BURIED TARGET + DEFEAT SYSTEM + (HDBTDS) + PROGRAM. + 46 0604414F CYBER 56,325 56,325 + RESILIENCY OF + WEAPON SYSTEMS- + ACS. + 47 0604776F DEPLOYMENT & 28,034 28,034 + DISTRIBUTION + ENTERPRISE R&D. + 48 0604858F TECH TRANSITION 128,476 134,476 + PROGRAM. + .............. Rapid [6,000] + repair. + 49 0605230F GROUND BASED 570,373 592,373 + STRATEGIC + DETERRENT. + .............. Program [22,000] + consolidati + on. + 50 0207100F LIGHT ATTACK 35,000 85,000 + ARMED + RECONNAISSANCE + (LAAR) + SQUADRONS. + .............. Light [50,000] + attack + experiment. + 51 0207110F NEXT GENERATION 1,000,000 1,000,000 + AIR DOMINANCE. + 52 0207455F THREE 37,290 37,290 + DIMENSIONAL + LONG-RANGE + RADAR (3DELRR). + 53 0208099F UNIFIED 10,000 10,000 + PLATFORM (UP). + 54 0305236F COMMON DATA 36,910 36,910 + LINK EXECUTIVE + AGENT (CDL EA). + 55 0305251F CYBERSPACE 35,000 35,000 + OPERATIONS + FORCES AND + FORCE SUPPORT. + 56 0305601F MISSION PARTNER 8,550 8,550 + ENVIRONMENTS. + 57 0306250F CYBER 198,864 240,064 + OPERATIONS + TECHNOLOGY + DEVELOPMENT. + .............. Accelerate [13,600] + development + of Cyber + National + Mission + Force + capabilitie + s. + .............. ETERNALDARK [7,100] + NESS. + .............. Joint [20,500] + Common + Access + Platform. + 58 0306415F ENABLED CYBER 16,632 16,632 + ACTIVITIES. + 60 0901410F CONTRACTING 20,830 20,830 + INFORMATION + TECHNOLOGY + SYSTEM. + 61 1203164F NAVSTAR GLOBAL 329,948 329,948 + POSITIONING + SYSTEM (USER + EQUIPMENT) + (SPACE). + 62 1203710F EO/IR WEATHER 101,222 101,222 + SYSTEMS. + 63 1206422F WEATHER SYSTEM 225,660 225,660 + FOLLOW-ON. + 64 1206425F SPACE SITUATION 29,776 29,776 + AWARENESS + SYSTEMS. + 65 1206427F SPACE SYSTEMS 142,045 142,045 + PROTOTYPE + TRANSITIONS + (SSPT). + 67 1206438F SPACE CONTROL 64,231 64,231 + TECHNOLOGY. + 68 1206730F SPACE SECURITY 56,385 56,385 + AND DEFENSE + PROGRAM. + 69 1206760F PROTECTED 105,003 95,003 + TACTICAL + ENTERPRISE + SERVICE (PTES). + .............. Unjustified [-10,000] + growth. + 70 1206761F PROTECTED 173,694 163,694 + TACTICAL + SERVICE (PTS). + .............. Unjustified [-10,000] + growth. + 71 1206855F EVOLVED 172,206 172,206 + STRATEGIC + SATCOM (ESS). + 72 1206857F SPACE RAPID 33,742 33,742 + CAPABILITIES + OFFICE. + .............. SUBTOTAL 8,436,279 8,567,479 + ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES. + .............. + .............. SYSTEM + DEVELOPMENT & + DEMONSTRATION + 73 0604200F FUTURE ADVANCED 246,200 97,120 + WEAPON + ANALYSIS & + PROGRAMS. + .............. ERWn [-149,080] + contract + delay. + 74 0604201F PNT RESILIENCY, 67,782 148,782 + MODS, AND + IMPROVEMENTS. + .............. UPL M-Code [81,000] + Acceleratio + n. + 75 0604222F NUCLEAR WEAPONS 4,406 4,406 + SUPPORT. + 76 0604270F ELECTRONIC 2,066 2,066 + WARFARE + DEVELOPMENT. + 77 0604281F TACTICAL DATA 229,631 229,631 + NETWORKS + ENTERPRISE. + 78 0604287F PHYSICAL 9,700 9,700 + SECURITY + EQUIPMENT. + 79 0604329F SMALL DIAMETER 31,241 31,241 + BOMB (SDB)-- + EMD. + 80 0604429F AIRBORNE 2 2 + ELECTRONIC + ATTACK. + 81 0604602F ARMAMENT/ 28,043 28,043 + ORDNANCE + DEVELOPMENT. + 82 0604604F SUBMUNITIONS... 3,045 3,045 + 83 0604617F AGILE COMBAT 19,944 19,944 + SUPPORT. + 84 0604706F LIFE SUPPORT 8,624 8,624 + SYSTEMS. + 85 0604735F COMBAT TRAINING 37,365 37,365 + RANGES. + 86 0604800F F-35--EMD...... 7,628 7,628 + 87 0604932F LONG RANGE 712,539 712,539 + STANDOFF + WEAPON. + 88 0604933F ICBM FUZE 161,199 161,199 + MODERNIZATION. + 89 0605030F JOINT TACTICAL 2,414 2,414 + NETWORK CENTER + (JTNC). + 91 0605056F OPEN 30,000 30,000 + ARCHITECTURE + MANAGEMENT. + 93 0605221F KC-46.......... 59,561 59,561 + 94 0605223F ADVANCED PILOT 348,473 348,473 + TRAINING. + 95 0605229F COMBAT RESCUE 247,047 247,047 + HELICOPTER. + 98 0605931F B-2 DEFENSIVE 294,400 294,400 + MANAGEMENT + SYSTEM. + 99 0101125F NUCLEAR WEAPONS 27,564 27,564 + MODERNIZATION. + 100 0101213F MINUTEMAN 1 1 + SQUADRONS. + 101 0207171F F-15 EPAWSS.... 47,322 47,322 + 102 0207328F STAND IN ATTACK 162,840 162,840 + WEAPON. + 103 0207701F FULL COMBAT 9,797 9,797 + MISSION + TRAINING. + 106 0401310F C-32 EXECUTIVE 9,930 9,930 + TRANSPORT + RECAPITALIZATI + ON. + 107 0401319F VC-25B......... 757,923 757,923 + 108 0701212F AUTOMATED TEST 2,787 2,787 + SYSTEMS. + 109 1203176F COMBAT SURVIVOR 2,000 2,000 + EVADER LOCATOR. + 110 1203269F GPS III FOLLOW- 462,875 462,875 + ON (GPS IIIF). + 111 1203940F SPACE SITUATION 76,829 76,829 + AWARENESS + OPERATIONS. + 112 1206421F COUNTERSPACE 29,037 29,037 + SYSTEMS. + 113 1206422F WEATHER SYSTEM 2,237 2,237 + FOLLOW-ON. + 114 1206425F SPACE SITUATION 412,894 412,894 + AWARENESS + SYSTEMS. + 115 1206426F SPACE FENCE.... 0 20,000 + .............. Space Fence [20,000] + 116 1206431F ADVANCED EHF 117,290 117,290 + MILSATCOM + (SPACE). + 117 1206432F POLAR MILSATCOM 427,400 427,400 + (SPACE). + 118 1206433F WIDEBAND GLOBAL 1,920 1,920 + SATCOM (SPACE). + 119 1206441F SPACE BASED 1 1 + INFRARED + SYSTEM (SBIRS) + HIGH EMD. + 120 1206442F NEXT GENERATION 1,395,278 1,395,278 + OPIR. + 122 1206853F NATIONAL 432,009 432,009 + SECURITY SPACE + LAUNCH PROGRAM + (SPACE)--EMD. + .............. SUBTOTAL SYSTEM 6,929,244 6,881,164 + DEVELOPMENT & + DEMONSTRATION. + .............. + .............. MANAGEMENT + SUPPORT + 123 0604256F THREAT 59,693 59,693 + SIMULATOR + DEVELOPMENT. + 124 0604759F MAJOR T&E 181,663 232,663 + INVESTMENT. + .............. UPL M-Code [36,000] + Acceleratio + n. + .............. Utah [15,000] + training + range + instrumenta + tion. + 125 0605101F RAND PROJECT 35,258 35,258 + AIR FORCE. + 127 0605712F INITIAL 13,793 13,793 + OPERATIONAL + TEST & + EVALUATION. + 128 0605807F TEST AND 717,895 771,895 + EVALUATION + SUPPORT. + .............. Acelerate [5,000] + prototype + program. + .............. Facilitates [49,000] + 5G test and + evaluation. + 129 0605826F ACQ WORKFORCE- 258,667 258,667 + GLOBAL POWER. + 130 0605827F ACQ WORKFORCE- 251,992 251,992 + GLOBAL VIG & + COMBAT SYS. + 131 0605828F ACQ WORKFORCE- 149,191 149,191 + GLOBAL REACH. + 132 0605829F ACQ WORKFORCE- 235,360 235,360 + CYBER, + NETWORK, & BUS + SYS. + 133 0605830F ACQ WORKFORCE- 160,196 160,196 + GLOBAL BATTLE + MGMT. + 134 0605831F ACQ WORKFORCE- 220,255 220,255 + CAPABILITY + INTEGRATION. + 135 0605832F ACQ WORKFORCE- 42,392 42,392 + ADVANCED PRGM + TECHNOLOGY. + 136 0605833F ACQ WORKFORCE- 133,231 133,231 + NUCLEAR + SYSTEMS. + 137 0605898F MANAGEMENT HQ-- 5,590 5,590 + R&D. + 138 0605976F FACILITIES 88,445 88,445 + RESTORATION + AND + MODERNIZATION- + -TEST AND + EVALUATION + SUPPORT. + 139 0605978F FACILITIES 29,424 29,424 + SUSTAINMENT--T + EST AND + EVALUATION + SUPPORT. + 140 0606017F REQUIREMENTS 62,715 62,715 + ANALYSIS AND + MATURATION. + 141 0606398F MANAGEMENT HQ-- 5,013 5,013 + T&E. + 142 0308602F ENTEPRISE 17,128 17,128 + INFORMATION + SERVICES (EIS). + 143 0702806F ACQUISITION AND 5,913 5,913 + MANAGEMENT + SUPPORT. + 144 0804731F GENERAL SKILL 1,475 1,475 + TRAINING. + 146 1001004F INTERNATIONAL 4,071 4,071 + ACTIVITIES. + 147 1206116F SPACE TEST AND 19,942 19,942 + TRAINING RANGE + DEVELOPMENT. + 148 1206392F SPACE AND 167,810 167,810 + MISSILE CENTER + (SMC) CIVILIAN + WORKFORCE. + 149 1206398F SPACE & MISSILE 10,170 10,170 + SYSTEMS + CENTER--MHA. + 150 1206860F ROCKET SYSTEMS 13,192 13,192 + LAUNCH PROGRAM + (SPACE). + 151 1206864F SPACE TEST 26,097 26,097 + PROGRAM (STP). + .............. SUBTOTAL 2,916,571 3,021,571 + MANAGEMENT + SUPPORT. + .............. + .............. OPERATIONAL + SYSTEMS + DEVELOPMENT + 152 0604003F ADVANCED BATTLE 35,611 84,611 + MANAGEMENT + SYSTEM (ABMS). + .............. Accelerates [49,000] + 5G military + use. + 154 0604233F SPECIALIZED 2,584 2,584 + UNDERGRADUATE + FLIGHT + TRAINING. + 156 0604776F DEPLOYMENT & 903 903 + DISTRIBUTION + ENTERPRISE R&D. + 157 0604840F F-35 C2D2...... 694,455 694,455 + 158 0605018F AF INTEGRATED 40,567 0 + PERSONNEL AND + PAY SYSTEM (AF- + IPPS). + .............. Poor agile [-40,567] + development. + 159 0605024F ANTI-TAMPER 47,193 47,193 + TECHNOLOGY + EXECUTIVE + AGENCY. + 160 0605117F FOREIGN 70,083 70,083 + MATERIEL + ACQUISITION + AND + EXPLOITATION. + 161 0605278F HC/MC-130 RECAP 17,218 4,818 + RDT&E. + .............. program [-12,400] + delay. + 162 0606018F NC3 INTEGRATION 25,917 25,917 + 164 0101113F B-52 SQUADRONS. 325,974 325,974 + 165 0101122F AIR-LAUNCHED 10,217 10,217 + CRUISE MISSILE + (ALCM). + 166 0101126F B-1B SQUADRONS. 1,000 1,000 + 167 0101127F B-2 SQUADRONS.. 97,276 97,276 + 168 0101213F MINUTEMAN 128,961 106,961 + SQUADRONS. + .............. Program [-22,000] + consolidati + on. + 170 0101316F WORLDWIDE JOINT 18,177 18,177 + STRATEGIC + COMMUNICATIONS. + 171 0101324F INTEGRATED 24,261 24,261 + STRATEGIC + PLANNING & + ANALYSIS + NETWORK. + 172 0101328F ICBM REENTRY 75,571 75,571 + VEHICLES. + 174 0102110F UH-1N 170,975 170,975 + REPLACEMENT + PROGRAM. + 176 0205219F MQ-9 UAV....... 154,996 154,996 + 178 0207131F A-10 SQUADRONS. 36,816 36,816 + 179 0207133F F-16 SQUADRONS. 193,013 193,013 + 180 0207134F F-15E SQUADRONS 336,079 336,079 + 181 0207136F MANNED 15,521 15,521 + DESTRUCTIVE + SUPPRESSION. + 182 0207138F F-22A SQUADRONS 496,298 496,298 + 183 0207142F F-35 SQUADRONS. 99,943 99,943 + 184 0207161F TACTICAL AIM 10,314 10,314 + MISSILES. + 185 0207163F ADVANCED MEDIUM 55,384 55,384 + RANGE AIR-TO- + AIR MISSILE + (AMRAAM). + 186 0207227F COMBAT RESCUE-- 281 281 + PARARESCUE. + 187 0207247F AF TENCAP...... 21,365 21,365 + 188 0207249F PRECISION 10,696 10,696 + ATTACK SYSTEMS + PROCUREMENT. + 189 0207253F COMPASS CALL... 15,888 15,888 + 190 0207268F AIRCRAFT ENGINE 112,505 112,505 + COMPONENT + IMPROVEMENT + PROGRAM. + 191 0207325F JOINT AIR-TO- 78,498 78,498 + SURFACE + STANDOFF + MISSILE + (JASSM). + 192 0207410F AIR & SPACE 114,864 114,864 + OPERATIONS + CENTER (AOC). + 193 0207412F CONTROL AND 8,109 8,109 + REPORTING + CENTER (CRC). + 194 0207417F AIRBORNE 67,996 67,996 + WARNING AND + CONTROL SYSTEM + (AWACS). + 195 0207418F TACTICAL 2,462 2,462 + AIRBORNE + CONTROL + SYSTEMS. + 197 0207431F COMBAT AIR 13,668 13,668 + INTELLIGENCE + SYSTEM + ACTIVITIES. + 198 0207444F TACTICAL AIR 6,217 6,217 + CONTROL PARTY- + MOD. + 200 0207452F DCAPES......... 19,910 19,910 + 201 0207573F NATIONAL 1,788 1,788 + TECHNICAL + NUCLEAR + FORENSICS. + 202 0207590F SEEK EAGLE..... 28,237 28,237 + 203 0207601F USAF MODELING 15,725 15,725 + AND SIMULATION. + 204 0207605F WARGAMING AND 4,316 4,316 + SIMULATION + CENTERS. + 205 0207610F BATTLEFIELD ABN 26,946 26,946 + COMM NODE + (BACN). + 206 0207697F DISTRIBUTED 4,303 4,303 + TRAINING AND + EXERCISES. + 207 0208006F MISSION 71,465 71,465 + PLANNING + SYSTEMS. + 208 0208007F TACTICAL 7,446 7,446 + DECEPTION. + 209 0208064F OPERATIONAL HQ-- 7,602 7,602 + CYBER. + 210 0208087F DISTRIBUTED 35,178 35,178 + CYBER WARFARE + OPERATIONS. + 211 0208088F AF DEFENSIVE 16,609 16,609 + CYBERSPACE + OPERATIONS. + 212 0208097F JOINT CYBER 11,603 11,603 + COMMAND AND + CONTROL (JCC2). + 213 0208099F UNIFIED 84,702 84,702 + PLATFORM (UP). + 218 0301004F ADVANCED DATA 0 21,000 + TRANSPORT + FLIGHT TEST. + .............. Accelerate [21,000] + prototype + test of 5G. + 219 0301025F GEOBASE........ 2,723 2,723 + 220 0301112F NUCLEAR 44,190 44,190 + PLANNING AND + EXECUTION + SYSTEM (NPES). + 226 0301401F AIR FORCE SPACE 3,575 3,575 + AND CYBER NON- + TRADITIONAL + ISR FOR + BATTLESPACE + AWARENESS. + 227 0302015F E-4B NATIONAL 70,173 70,173 + AIRBORNE + OPERATIONS + CENTER (NAOC). + 228 0303131F MINIMUM 13,543 13,543 + ESSENTIAL + EMERGENCY + COMMUNICATIONS + NETWORK + (MEECN). + 229 0303133F HIGH FREQUENCY 15,881 15,881 + RADIO SYSTEMS. + 230 0303140F INFORMATION 27,726 27,726 + SYSTEMS + SECURITY + PROGRAM. + 232 0303142F GLOBAL FORCE 2,210 2,210 + MANAGEMENT--DA + TA INITIATIVE. + 234 0304115F MULTI DOMAIN 150,880 150,880 + COMMAND AND + CONTROL (MDC2). + 235 0304260F AIRBORNE SIGINT 102,667 102,667 + ENTERPRISE. + 236 0304310F COMMERCIAL 3,431 3,431 + ECONOMIC + ANALYSIS. + 239 0305015F C2 AIR 9,313 9,313 + OPERATIONS + SUITE--C2 INFO + SERVICES. + 240 0305020F CCMD 1,121 1,121 + INTELLIGENCE + INFORMATION + TECHNOLOGY. + 241 0305022F ISR 19,000 0 + MODERNIZATION + & AUTOMATION + DVMT (IMAD). + .............. Not mature [-19,000] + plan. + 242 0305099F GLOBAL AIR 4,544 4,544 + TRAFFIC + MANAGEMENT + (GATM). + 243 0305111F WEATHER SERVICE 25,461 25,461 + 244 0305114F AIR TRAFFIC 5,651 5,651 + CONTROL, + APPROACH, AND + LANDING SYSTEM + (ATCALS). + 245 0305116F AERIAL TARGETS. 7,448 7,448 + 248 0305128F SECURITY AND 425 425 + INVESTIGATIVE + ACTIVITIES. + 249 0305145F ARMS CONTROL 54,546 54,546 + IMPLEMENTATION. + 250 0305146F DEFENSE JOINT 6,858 6,858 + COUNTERINTELLI + GENCE + ACTIVITIES. + 252 0305179F INTEGRATED 8,728 8,728 + BROADCAST + SERVICE (IBS). + 253 0305202F DRAGON U-2..... 38,939 38,939 + 255 0305206F AIRBORNE 122,909 122,909 + RECONNAISSANCE + SYSTEMS. + 256 0305207F MANNED 11,787 11,787 + RECONNAISSANCE + SYSTEMS. + 257 0305208F DISTRIBUTED 25,009 25,009 + COMMON GROUND/ + SURFACE + SYSTEMS. + 258 0305220F RQ-4 UAV....... 191,733 191,733 + 259 0305221F NETWORK-CENTRIC 10,757 10,757 + COLLABORATIVE + TARGETING. + 260 0305238F NATO AGS....... 32,567 32,567 + 261 0305240F SUPPORT TO DCGS 37,774 37,774 + ENTERPRISE. + 262 0305600F INTERNATIONAL 13,515 13,515 + INTELLIGENCE + TECHNOLOGY AND + ARCHITECTURES. + 263 0305881F RAPID CYBER 4,383 4,383 + ACQUISITION. + 264 0305984F PERSONNEL 2,133 2,133 + RECOVERY + COMMAND & CTRL + (PRC2). + 265 0307577F INTELLIGENCE 8,614 8,614 + MISSION DATA + (IMD). + 266 0401115F C-130 AIRLIFT 140,425 140,425 + SQUADRON. + 267 0401119F C-5 AIRLIFT 10,223 10,223 + SQUADRONS (IF). + 268 0401130F C-17 AIRCRAFT 25,101 25,101 + (IF). + 269 0401132F C-130J PROGRAM. 8,640 8,640 + 270 0401134F LARGE AIRCRAFT 5,424 5,424 + IR + COUNTERMEASURE + S (LAIRCM). + 272 0401219F KC-10S......... 20 20 + 274 0401318F CV-22.......... 17,906 17,906 + 276 0408011F SPECIAL TACTICS 3,629 3,629 + / COMBAT + CONTROL. + 277 0702207F DEPOT 1,890 1,890 + MAINTENANCE + (NON-IF). + 278 0708055F MAINTENANCE, 10,311 10,311 + REPAIR & + OVERHAUL + SYSTEM. + 279 0708610F LOGISTICS 16,065 16,065 + INFORMATION + TECHNOLOGY + (LOGIT). + 280 0708611F SUPPORT SYSTEMS 539 539 + DEVELOPMENT. + 281 0804743F OTHER FLIGHT 2,057 2,057 + TRAINING. + 282 0808716F OTHER PERSONNEL 10 10 + ACTIVITIES. + 283 0901202F JOINT PERSONNEL 2,060 2,060 + RECOVERY + AGENCY. + 284 0901218F CIVILIAN 3,809 3,809 + COMPENSATION + PROGRAM. + 285 0901220F PERSONNEL 6,476 6,476 + ADMINISTRATION. + 286 0901226F AIR FORCE 1,443 1,443 + STUDIES AND + ANALYSIS + AGENCY. + 287 0901538F FINANCIAL 9,323 9,323 + MANAGEMENT + INFORMATION + SYSTEMS + DEVELOPMENT. + 288 0901554F DEFENSE 46,789 46,789 + ENTERPRISE + ACNTNG AND MGT + SYS (DEAMS). + 289 1201017F GLOBAL SENSOR 3,647 3,647 + INTEGRATED ON + NETWORK (GSIN). + 290 1201921F SERVICE SUPPORT 988 988 + TO STRATCOM-- + SPACE + ACTIVITIES. + 291 1202140F SERVICE SUPPORT 11,863 11,863 + TO SPACECOM + ACTIVITIES. + 293 1203001F FAMILY OF 197,388 197,388 + ADVANCED BLOS + TERMINALS (FAB- + T). + 294 1203110F SATELLITE 61,891 61,891 + CONTROL + NETWORK + (SPACE). + 297 1203173F SPACE AND 4,566 4,566 + MISSILE TEST + AND EVALUATION + CENTER. + 298 1203174F SPACE 43,292 43,292 + INNOVATION, + INTEGRATION + AND RAPID + TECHNOLOGY + DEVELOPMENT. + 300 1203182F SPACELIFT RANGE 10,837 10,837 + SYSTEM (SPACE). + 301 1203265F GPS III SPACE 42,440 42,440 + SEGMENT. + 302 1203400F SPACE 14,428 14,428 + SUPERIORITY + INTELLIGENCE. + 303 1203614F JSPOC MISSION 72,762 72,762 + SYSTEM. + 304 1203620F NATIONAL SPACE 2,653 2,653 + DEFENSE CENTER. + 306 1203873F BALLISTIC 15,881 15,881 + MISSILE + DEFENSE RADARS. + 308 1203913F NUDET DETECTION 49,300 49,300 + SYSTEM (SPACE). + 309 1203940F SPACE SITUATION 17,834 17,834 + AWARENESS + OPERATIONS. + 310 1206423F GLOBAL 445,302 445,302 + POSITIONING + SYSTEM III-- + OPERATIONAL + CONTROL + SEGMENT. + 311 1206770F ENTERPRISE 138,870 138,870 + GROUND + SERVICES. + 999 9999999999 CLASSIFIED 18,029,506 18,351,506 + PROGRAMS. + .............. Transfer [322,000] + back to + base + funding. + .............. SUBTOTAL 24,529,488 24,827,521 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + .............. + .............. TOTAL RESEARCH, 45,616,122 46,335,775 + DEVELOPMENT, + TEST & EVAL, + AF. + .............. + .............. RESEARCH, + DEVELOPMENT, + TEST & EVAL, + DW + .............. BASIC RESEARCH + 1 0601000BR DTRA BASIC 26,000 26,000 + RESEARCH. + 2 0601101E DEFENSE 432,284 432,284 + RESEARCH + SCIENCES. + 3 0601110D8Z BASIC RESEARCH 48,874 58,874 + INITIATIVES. + .............. DEPSCOR.... [10,000] + 4 0601117E BASIC 54,122 54,122 + OPERATIONAL + MEDICAL + RESEARCH + SCIENCE. + 5 0601120D8Z NATIONAL 92,074 102,074 + DEFENSE + EDUCATION + PROGRAM. + .............. Submarine [10,000] + industrial + base + workforce + training + and + education. + 6 0601228D8Z HISTORICALLY 30,708 32,708 + BLACK COLLEGES + AND + UNIVERSITIES/ + MINORITY + INSTITUTIONS. + .............. Aerospace [2,000] + research + and + education. + 7 0601384BP CHEMICAL AND 45,238 45,238 + BIOLOGICAL + DEFENSE + PROGRAM. + .............. SUBTOTAL BASIC 729,300 751,300 + RESEARCH. + .............. + .............. APPLIED + RESEARCH + 8 0602000D8Z JOINT MUNITIONS 19,306 19,306 + TECHNOLOGY. + 9 0602115E BIOMEDICAL 97,771 97,771 + TECHNOLOGY. + 11 0602234D8Z LINCOLN 52,317 52,317 + LABORATORY + RESEARCH + PROGRAM. + 12 0602251D8Z APPLIED 62,200 64,200 + RESEARCH FOR + THE + ADVANCEMENT OF + S&T PRIORITIES. + .............. Computer [2,000] + modeling of + PFAS. + 13 0602303E INFORMATION & 442,556 442,556 + COMMUNICATIONS + TECHNOLOGY. + 14 0602383E BIOLOGICAL 34,588 34,588 + WARFARE + DEFENSE. + 15 0602384BP CHEMICAL AND 202,587 202,587 + BIOLOGICAL + DEFENSE + PROGRAM. + 16 0602668D8Z CYBER SECURITY 15,118 25,118 + RESEARCH. + .............. Academic [10,000] + cyber + institutes. + 17 0602702E TACTICAL 337,602 337,602 + TECHNOLOGY. + 18 0602715E MATERIALS AND 223,976 223,976 + BIOLOGICAL + TECHNOLOGY. + 19 0602716E ELECTRONICS 332,192 332,192 + TECHNOLOGY. + 20 0602718BR COUNTER WEAPONS 179,096 179,096 + OF MASS + DESTRUCTION + APPLIED + RESEARCH. + 21 0602751D8Z SOFTWARE 9,580 9,580 + ENGINEERING + INSTITUTE + (SEI) APPLIED + RESEARCH. + 22 1160401BB SOF TECHNOLOGY 40,569 40,569 + DEVELOPMENT. + .............. SUBTOTAL 2,049,458 2,061,458 + APPLIED + RESEARCH. + .............. + .............. ADVANCED + TECHNOLOGY + DEVELOPMENT + 23 0603000D8Z JOINT MUNITIONS 25,779 25,779 + ADVANCED + TECHNOLOGY. + 24 0603121D8Z SO/LIC ADVANCED 5,000 5,000 + DEVELOPMENT. + 25 0603122D8Z COMBATING 70,517 70,517 + TERRORISM + TECHNOLOGY + SUPPORT. + 26 0603133D8Z FOREIGN 24,970 24,970 + COMPARATIVE + TESTING. + 28 0603160BR COUNTER WEAPONS 340,065 340,065 + OF MASS + DESTRUCTION + ADVANCED + TECHNOLOGY + DEVELOPMENT. + 29 0603176C ADVANCED 14,208 14,208 + CONCEPTS AND + PERFORMANCE + ASSESSMENT. + 30 0603178C WEAPONS 10,000 10,000 + TECHNOLOGY. + 31 0603180C ADVANCED 20,674 20,674 + RESEARCH. + 32 0603225D8Z JOINT DOD-DOE 18,773 18,773 + MUNITIONS + TECHNOLOGY + DEVELOPMENT. + 33 0603286E ADVANCED 279,741 279,741 + AEROSPACE + SYSTEMS. + 34 0603287E SPACE PROGRAMS 202,606 202,606 + AND TECHNOLOGY. + 35 0603288D8Z ANALYTIC 19,429 19,429 + ASSESSMENTS. + 36 0603289D8Z ADVANCED 37,645 37,645 + INNOVATIVE + ANALYSIS AND + CONCEPTS. + 37 0603291D8Z ADVANCED 14,668 14,668 + INNOVATIVE + ANALYSIS AND + CONCEPTS--MHA. + 38 0603294C COMMON KILL 13,600 13,600 + VEHICLE + TECHNOLOGY. + 40 0603342D8Z DEFENSE 29,398 36,898 + INNOVATION + UNIT (DIU). + .............. Accelerate [7,500] + Artificial + Intelligenc + e solutions. + 41 0603375D8Z TECHNOLOGY 60,000 60,000 + INNOVATION. + 42 0603384BP CHEMICAL AND 172,486 172,486 + BIOLOGICAL + DEFENSE + PROGRAM--ADVAN + CED + DEVELOPMENT. + 43 0603527D8Z RETRACT LARCH.. 159,688 159,688 + 44 0603618D8Z JOINT 12,063 12,063 + ELECTRONIC + ADVANCED + TECHNOLOGY. + 45 0603648D8Z JOINT 107,359 89,859 + CAPABILITY + TECHNOLOGY + DEMONSTRATIONS. + .............. Program [-17,500] + reduction. + 46 0603662D8Z NETWORKED 2,858 2,858 + COMMUNICATIONS + CAPABILITIES. + 47 0603680D8Z DEFENSE-WIDE 96,397 96,397 + MANUFACTURING + SCIENCE AND + TECHNOLOGY + PROGRAM. + 48 0603680S MANUFACTURING 42,834 42,834 + TECHNOLOGY + PROGRAM. + 49 0603699D8Z EMERGING 80,911 70,911 + CAPABILITIES + TECHNOLOGY + DEVELOPMENT. + .............. Program [-10,000] + reduction. + 50 0603712S GENERIC 10,817 10,817 + LOGISTICS R&D + TECHNOLOGY + DEMONSTRATIONS. + 51 0603716D8Z STRATEGIC 66,157 76,157 + ENVIRONMENTAL + RESEARCH + PROGRAM. + .............. SERDP...... [10,000] + 52 0603720S MICROELECTRONIC 171,771 171,771 + S TECHNOLOGY + DEVELOPMENT + AND SUPPORT. + 53 0603727D8Z JOINT 4,846 4,846 + WARFIGHTING + PROGRAM. + 54 0603739E ADVANCED 128,616 128,616 + ELECTRONICS + TECHNOLOGIES. + 55 0603760E COMMAND, 232,134 232,134 + CONTROL AND + COMMUNICATIONS + SYSTEMS. + 56 0603766E NETWORK-CENTRIC 512,424 512,424 + WARFARE + TECHNOLOGY. + 57 0603767E SENSOR 163,903 163,903 + TECHNOLOGY. + 58 0603769D8Z DISTRIBUTED 13,723 13,723 + LEARNING + ADVANCED + TECHNOLOGY + DEVELOPMENT. + 59 0603781D8Z SOFTWARE 15,111 15,111 + ENGINEERING + INSTITUTE. + 60 0603826D8Z QUICK REACTION 47,147 47,147 + SPECIAL + PROJECTS. + 61 0603833D8Z ENGINEERING 19,376 19,376 + SCIENCE & + TECHNOLOGY. + 62 0603924D8Z HIGH ENERGY 85,223 85,223 + LASER ADVANCED + TECHNOLOGY + PROGRAM. + 63 0603941D8Z TEST & 175,574 185,574 + EVALUATION + SCIENCE & + TECHNOLOGY. + .............. Program [10,000] + increase to + support NDS + technologie + s. + 64 0603950D8Z NATIONAL 25,000 25,000 + SECURITY + INNOVATION + NETWORK. + 65 0604055D8Z OPERATIONAL 70,536 70,536 + ENERGY + CAPABILITY + IMPROVEMENT. + 66 0303310D8Z CWMD SYSTEMS... 28,907 28,907 + 68 1160402BB SOF ADVANCED 89,154 89,154 + TECHNOLOGY + DEVELOPMENT. + 69 1206310SDA SPACE SCIENCE 20,000 20,000 + AND TECHNOLOGY + RESEARCH AND + DEVELOPMENT. + .............. SUBTOTAL 3,742,088 3,742,088 + ADVANCED + TECHNOLOGY + DEVELOPMENT. + .............. + .............. ADVANCED + COMPONENT + DEVELOPMENT + AND PROTOTYPES + 70 0603161D8Z NUCLEAR AND 42,695 42,695 + CONVENTIONAL + PHYSICAL + SECURITY + EQUIPMENT + RDT&E ADC&P. + 71 0603600D8Z WALKOFF........ 92,791 92,791 + 72 0603821D8Z ACQUISITION 5,659 5,659 + ENTERPRISE + DATA & + INFORMATION + SERVICES. + 73 0603851D8Z ENVIRONMENTAL 66,572 76,572 + SECURITY + TECHNICAL + CERTIFICATION + PROGRAM. + .............. ESTCP...... [10,000] + 74 0603881C BALLISTIC 302,761 302,761 + MISSILE + DEFENSE + TERMINAL + DEFENSE + SEGMENT. + 75 0603882C BALLISTIC 1,156,506 1,156,506 + MISSILE + DEFENSE + MIDCOURSE + DEFENSE + SEGMENT. + 76 0603884BP CHEMICAL AND 83,662 83,662 + BIOLOGICAL + DEFENSE + PROGRAM--DEM/ + VAL. + 77 0603884C BALLISTIC 283,487 283,487 + MISSILE + DEFENSE + SENSORS. + 78 0603890C BMD ENABLING 571,507 571,507 + PROGRAMS. + 79 0603891C SPECIAL 377,098 502,098 + PROGRAMS--MDA. + .............. Classified. [125,000] + 80 0603892C AEGIS BMD...... 727,479 727,479 + 81 0603896C BALLISTIC 564,206 564,206 + MISSILE + DEFENSE + COMMAND AND + CONTROL, + BATTLE + MANAGEMENT AND + COMMUNICATI. + 82 0603898C BALLISTIC 51,532 51,532 + MISSILE + DEFENSE JOINT + WARFIGHTER + SUPPORT. + 83 0603904C MISSILE DEFENSE 56,161 56,161 + INTEGRATION & + OPERATIONS + CENTER (MDIOC). + 84 0603906C REGARDING 22,424 22,424 + TRENCH. + 85 0603907C SEA BASED X- 128,156 128,156 + BAND RADAR + (SBX). + 86 0603913C ISRAELI 300,000 300,000 + COOPERATIVE + PROGRAMS. + 87 0603914C BALLISTIC 395,924 395,924 + MISSILE + DEFENSE TEST. + 88 0603915C BALLISTIC 554,171 554,171 + MISSILE + DEFENSE + TARGETS. + 89 0603920D8Z HUMANITARIAN 10,820 10,820 + DEMINING. + 90 0603923D8Z COALITION 11,316 11,316 + WARFARE. + 91 0604016D8Z DEPARTMENT OF 3,365 3,365 + DEFENSE + CORROSION + PROGRAM. + 92 0604115C TECHNOLOGY 303,458 269,458 + MATURATION + INITIATIVES. + .............. Neutral [-34,000] + particle + beam. + 93 0604132D8Z MISSILE DEFEAT 17,816 17,816 + PROJECT. + 95 0604181C HYPERSONIC 157,425 157,425 + DEFENSE. + 96 0604250D8Z ADVANCED 1,312,735 1,343,735 + INNOVATIVE + TECHNOLOGIES. + .............. Hyperveloci [81,000] + ty Gun + Weapon + System. + .............. Unjustified [-50,000] + growth to + SCO. + 97 0604294D8Z TRUSTED & 542,421 547,421 + ASSURED + MICROELECTRONI + CS. + .............. Trusted and [5,000] + assured + microelectr + onics + research. + 98 0604331D8Z RAPID 100,957 50,957 + PROTOTYPING + PROGRAM. + .............. Uncoordinat [-50,000] + ed + prototyping + efforts. + 99 0604341D8Z DEFENSE 92,000 92,000 + INNOVATION + UNIT (DIU) + PROTOTYPING. + 100 0604400D8Z DEPARTMENT OF 3,021 3,021 + DEFENSE (DOD) + UNMANNED + SYSTEM COMMON + DEVELOPMENT. + 102 0604672C HOMELAND 274,714 274,714 + DEFENSE RADAR-- + HAWAII (HDR-H). + 103 0604673C PACIFIC 6,711 6,711 + DISCRIMINATING + RADAR. + 104 0604682D8Z WARGAMING AND 3,751 3,751 + SUPPORT FOR + STRATEGIC + ANALYSIS (SSA). + 105 0604775BR DEFENSE RAPID 14,021 14,021 + INNOVATION + PROGRAM. + 107 0604826J JOINT C5 20,062 20,062 + CAPABILITY + DEVELOPMENT, + INTEGRATION + AND + INTEROPERABILI + TY ASSESSMENTS. + 108 0604873C LONG RANGE 136,423 136,423 + DISCRIMINATION + RADAR (LRDR). + 109 0604874C IMPROVED 412,363 412,363 + HOMELAND + DEFENSE + INTERCEPTORS. + 110 0604876C BALLISTIC 25,137 25,137 + MISSILE + DEFENSE + TERMINAL + DEFENSE + SEGMENT TEST. + 111 0604878C AEGIS BMD TEST. 169,822 169,822 + 112 0604879C BALLISTIC 105,530 105,530 + MISSILE + DEFENSE SENSOR + TEST. + 113 0604880C LAND-BASED SM-3 38,352 38,352 + (LBSM3). + 115 0604887C BALLISTIC 98,139 98,139 + MISSILE + DEFENSE + MIDCOURSE + SEGMENT TEST. + 117 0300206R ENTERPRISE 1,600 1,600 + INFORMATION + TECHNOLOGY + SYSTEMS. + 118 0303191D8Z JOINT 3,191 3,191 + ELECTROMAGNETI + C TECHNOLOGY + (JET) PROGRAM. + 119 0305103C CYBER SECURITY 1,138 1,138 + INITIATIVE. + 120 1206410SDA SPACE 85,000 55,000 + TECHNOLOGY + DEVELOPMENT + AND + PROTOTYPING. + .............. Missile [-30,000] + defense + studies + realignment. + 121 1206893C SPACE TRACKING 35,849 35,849 + & SURVEILLANCE + SYSTEM. + 122 1206895C BALLISTIC 27,565 135,565 + MISSILE + DEFENSE SYSTEM + SPACE PROGRAMS. + .............. HBTSS [108,000] + unfunded + requirement. + .............. SUBTOTAL 9,797,493 9,962,493 + ADVANCED + COMPONENT + DEVELOPMENT + AND PROTOTYPES. + .............. + .............. SYSTEM + DEVELOPMENT + AND + DEMONSTRATION + 123 0604161D8Z NUCLEAR AND 11,276 11,276 + CONVENTIONAL + PHYSICAL + SECURITY + EQUIPMENT + RDT&E SDD. + 124 0604165D8Z PROMPT GLOBAL 107,000 107,000 + STRIKE + CAPABILITY + DEVELOPMENT. + 125 0604384BP CHEMICAL AND 384,047 384,047 + BIOLOGICAL + DEFENSE + PROGRAM--EMD. + 126 0604771D8Z JOINT TACTICAL 40,102 40,102 + INFORMATION + DISTRIBUTION + SYSTEM (JTIDS). + 127 0605000BR COUNTER WEAPONS 13,100 13,100 + OF MASS + DESTRUCTION + SYSTEMS + DEVELOPMENT. + 128 0605013BL INFORMATION 3,070 3,070 + TECHNOLOGY + DEVELOPMENT. + 129 0605021SE HOMELAND 7,295 7,295 + PERSONNEL + SECURITY + INITIATIVE. + 130 0605022D8Z DEFENSE 17,615 17,615 + EXPORTABILITY + PROGRAM. + 131 0605027D8Z OUSD(C) IT 15,653 15,653 + DEVELOPMENT + INITIATIVES. + 132 0605070S DOD ENTERPRISE 2,378 2,378 + SYSTEMS + DEVELOPMENT + AND + DEMONSTRATION. + 133 0605075D8Z CMO POLICY AND 1,618 1,618 + INTEGRATION. + 134 0605080S DEFENSE AGENCY 27,944 27,944 + INITIATIVES + (DAI)--FINANCI + AL SYSTEM. + 135 0605090S DEFENSE RETIRED 6,609 6,609 + AND ANNUITANT + PAY SYSTEM + (DRAS). + 136 0605210D8Z DEFENSE-WIDE 9,619 9,619 + ELECTRONIC + PROCUREMENT + CAPABILITIES. + 137 0605294D8Z TRUSTED & 175,032 175,032 + ASSURED + MICROELECTRONI + CS. + 138 0303140BL INFORMATION 425 425 + SYSTEMS + SECURITY + PROGRAM. + 139 0303141K GLOBAL COMBAT 1,578 1,578 + SUPPORT SYSTEM. + 140 0305304D8Z DOD ENTERPRISE 4,373 4,373 + ENERGY + INFORMATION + MANAGEMENT + (EEIM). + 141 0305310D8Z CWMD SYSTEMS: 12,854 12,854 + SYSTEM + DEVELOPMENT + AND + DEMONSTRATION. + .............. SUBTOTAL SYSTEM 841,588 841,588 + DEVELOPMENT + AND + DEMONSTRATION. + .............. + .............. MANAGEMENT + SUPPORT + 142 0603829J JOINT 13,000 13,000 + CAPABILITY + EXPERIMENTATIO + N. + 143 0604774D8Z DEFENSE 9,724 9,724 + READINESS + REPORTING + SYSTEM (DRRS). + 144 0604875D8Z JOINT SYSTEMS 9,593 9,593 + ARCHITECTURE + DEVELOPMENT. + 145 0604940D8Z CENTRAL TEST 260,267 260,267 + AND EVALUATION + INVESTMENT + DEVELOPMENT + (CTEIP). + 146 0604942D8Z ASSESSMENTS AND 30,834 30,834 + EVALUATIONS. + 147 0605001E MISSION SUPPORT 68,498 68,498 + 148 0605100D8Z JOINT MISSION 83,091 89,091 + ENVIRONMENT + TEST + CAPABILITY + (JMETC). + .............. Cyber range [6,000] + development. + 149 0605104D8Z TECHNICAL 18,079 13,079 + STUDIES, + SUPPORT AND + ANALYSIS. + .............. Program [-5,000] + reduction. + 150 0605126J JOINT 70,038 70,038 + INTEGRATED AIR + AND MISSILE + DEFENSE + ORGANIZATION + (JIAMDO). + 152 0605142D8Z SYSTEMS 37,140 32,140 + ENGINEERING. + .............. Program [-5,000] + reduction. + 153 0605151D8Z STUDIES AND 4,759 4,759 + ANALYSIS + SUPPORT--OSD. + 154 0605161D8Z NUCLEAR MATTERS- 8,307 8,307 + PHYSICAL + SECURITY. + 155 0605170D8Z SUPPORT TO 9,441 9,441 + NETWORKS AND + INFORMATION + INTEGRATION. + 156 0605200D8Z GENERAL SUPPORT 1,700 1,700 + TO USD + (INTELLIGENCE). + 157 0605384BP CHEMICAL AND 110,363 110,363 + BIOLOGICAL + DEFENSE + PROGRAM. + 166 0605790D8Z SMALL BUSINESS 3,568 3,568 + INNOVATION + RESEARCH + (SBIR)/ SMALL + BUSINESS + TECHNOLOGY + TRANSFER. + 167 0605797D8Z MAINTAINING 19,936 19,936 + TECHNOLOGY + ADVANTAGE. + 168 0605798D8Z DEFENSE 16,875 16,875 + TECHNOLOGY + ANALYSIS. + 169 0605801KA DEFENSE 57,716 57,716 + TECHNICAL + INFORMATION + CENTER (DTIC). + 170 0605803SE R&D IN SUPPORT 34,448 34,448 + OF DOD + ENLISTMENT, + TESTING AND + EVALUATION. + 171 0605804D8Z DEVELOPMENT 22,203 22,203 + TEST AND + EVALUATION. + 172 0605898E MANAGEMENT HQ-- 13,208 13,208 + R&D. + 173 0605998KA MANAGEMENT HQ-- 3,027 3,027 + DEFENSE + TECHNICAL + INFORMATION + CENTER (DTIC). + 174 0606100D8Z BUDGET AND 8,017 8,017 + PROGRAM + ASSESSMENTS. + 175 0606225D8Z ODNA TECHNOLOGY 3,194 3,194 + AND RESOURCE + ANALYSIS. + 176 0606589D8W DEFENSE DIGITAL 1,000 6,000 + SERVICE (DDS) + DEVELOPMENT + SUPPORT. + .............. Increase... [5,000] + 179 0203345D8Z DEFENSE 3,037 3,037 + OPERATIONS + SECURITY + INITIATIVE + (DOSI). + 180 0204571J JOINT STAFF 9,216 9,216 + ANALYTICAL + SUPPORT. + 183 0303166J SUPPORT TO 553 553 + INFORMATION + OPERATIONS + (IO) + CAPABILITIES. + 184 0303260D8Z DEFENSE 1,014 1,014 + MILITARY + DECEPTION + PROGRAM OFFICE + (DMDPO). + 185 0305172K COMBINED 58,667 58,667 + ADVANCED + APPLICATIONS. + 187 0305245D8Z INTELLIGENCE 21,081 21,081 + CAPABILITIES + AND INNOVATION + INVESTMENTS. + 189 0307588D8Z ALGORITHMIC 221,235 221,235 + WARFARE CROSS + FUNCTIONAL + TEAMS. + 191 0804768J COCOM EXERCISE 40,073 40,073 + ENGAGEMENT AND + TRAINING + TRANSFORMATION + (CE2T2)--NON- + MHA. + 192 0808709SE DEFENSE EQUAL 100 100 + OPPORTUNITY + MANAGEMENT + INSTITUTE + (DEOMI). + 193 0901598C MANAGEMENT HQ-- 27,065 27,065 + MDA. + 194 0903235K JOINT SERVICE 3,090 3,090 + PROVIDER (JSP). + 999 9999999999 CLASSIFIED 51,471 51,471 + PROGRAMS. + .............. SUBTOTAL 1,354,628 1,355,628 + MANAGEMENT + SUPPORT. + .............. + .............. OPERATIONAL + SYSTEM + DEVELOPMENT + 195 0604130V ENTERPRISE 7,945 7,945 + SECURITY + SYSTEM (ESS). + 196 0604532K JOINT 208,834 208,834 + ARTIFICIAL + INTELLIGENCE. + 197 0605127T REGIONAL 1,947 1,947 + INTERNATIONAL + OUTREACH (RIO) + AND + PARTNERSHIP + FOR PEACE + INFORMATION + MANA. + 198 0605147T OVERSEAS 310 310 + HUMANITARIAN + ASSISTANCE + SHARED + INFORMATION + SYSTEM + (OHASIS). + 199 0607210D8Z INDUSTRIAL BASE 10,051 48,551 + ANALYSIS AND + SUSTAINMENT + SUPPORT. + .............. Advanced [5,000] + systems + manufacturi + ng. + .............. Composite [15,000] + manufacturi + ng + technologie + s. + .............. Printed [15,000] + circuit + boards. + .............. Rare earth [3,500] + element + production. + 200 0607310D8Z CWMD SYSTEMS: 12,734 12,734 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + 201 0607327T GLOBAL THEATER 14,800 14,800 + SECURITY + COOPERATION + MANAGEMENT + INFORMATION + SYSTEMS (G- + TSCMIS). + 202 0607384BP CHEMICAL AND 54,023 54,023 + BIOLOGICAL + DEFENSE + (OPERATIONAL + SYSTEMS + DEVELOPMENT). + 203 0208043J PLANNING AND 4,537 4,537 + DECISION AID + SYSTEM (PDAS). + 204 0208045K C4I 64,122 64,122 + INTEROPERABILI + TY. + 210 0302019K DEFENSE INFO 15,798 15,798 + INFRASTRUCTURE + ENGINEERING + AND + INTEGRATION. + 211 0303126K LONG-HAUL 11,166 11,166 + COMMUNICATIONS + -DCS. + 212 0303131K MINIMUM 17,383 17,383 + ESSENTIAL + EMERGENCY + COMMUNICATIONS + NETWORK + (MEECN). + 214 0303136G KEY MANAGEMENT 54,516 54,516 + INFRASTRUCTURE + (KMI). + 215 0303140D8Z INFORMATION 67,631 67,631 + SYSTEMS + SECURITY + PROGRAM. + 216 0303140G INFORMATION 289,080 287,198 + SYSTEMS + SECURITY + PROGRAM. + .............. Sharkseer [-1,882] + transfer. + 217 0303140K INFORMATION 42,796 44,678 + SYSTEMS + SECURITY + PROGRAM. + .............. Sharkseer [1,882] + transfer. + 218 0303150K GLOBAL COMMAND 25,218 25,218 + AND CONTROL + SYSTEM. + 219 0303153K DEFENSE 21,698 21,698 + SPECTRUM + ORGANIZATION. + 220 0303228K JOINT REGIONAL 18,077 18,077 + SECURITY + STACKS (JRSS). + 222 0303430K FEDERAL 44,001 44,001 + INVESTIGATIVE + SERVICES + INFORMATION + TECHNOLOGY. + 228 0305128V SECURITY AND 2,400 17,400 + INVESTIGATIVE + ACTIVITIES. + .............. Local [15,000] + criminal + records + access. + 232 0305186D8Z POLICY R&D 6,301 6,301 + PROGRAMS. + 233 0305199D8Z NET CENTRICITY. 21,384 21,384 + 235 0305208BB DISTRIBUTED 6,359 6,359 + COMMON GROUND/ + SURFACE + SYSTEMS. + 238 0305208K DISTRIBUTED 2,981 2,981 + COMMON GROUND/ + SURFACE + SYSTEMS. + 241 0305327V INSIDER THREAT. 1,964 1,964 + 242 0305387D8Z HOMELAND 2,221 2,221 + DEFENSE + TECHNOLOGY + TRANSFER + PROGRAM. + 250 0708012K LOGISTICS 1,361 1,361 + SUPPORT + ACTIVITIES. + 251 0708012S PACIFIC 1,770 1,770 + DISASTER + CENTERS. + 252 0708047S DEFENSE 3,679 3,679 + PROPERTY + ACCOUNTABILITY + SYSTEM. + 254 1105219BB MQ-9 UAV....... 20,697 20,697 + 256 1160403BB AVIATION 245,795 254,595 + SYSTEMS. + .............. UPL Future [8,800] + vertical + lift. + 257 1160405BB INTELLIGENCE 15,484 15,484 + SYSTEMS + DEVELOPMENT. + 258 1160408BB OPERATIONAL 166,922 166,922 + ENHANCEMENTS. + 259 1160431BB WARRIOR SYSTEMS 62,332 62,332 + 260 1160432BB SPECIAL 21,805 21,805 + PROGRAMS. + 261 1160434BB UNMANNED ISR... 37,377 37,377 + 262 1160480BB SOF TACTICAL 11,150 11,150 + VEHICLES. + 263 1160483BB MARITIME 72,626 72,626 + SYSTEMS. + 264 1160489BB GLOBAL VIDEO 5,363 5,363 + SURVEILLANCE + ACTIVITIES. + 265 1160490BB OPERATIONAL 12,962 12,962 + ENHANCEMENTS + INTELLIGENCE. + 266 1203610K TELEPORT 6,158 6,158 + PROGRAM. + 300 0604011D8Z NEXT GENERATION 0 25,000 + INFORMATION + COMMUNICATIONS + TECHNOLOGY + (5G). + .............. DOD [25,000] + Spectrum + Sharing + program. + 999 9999999999 CLASSIFIED 4,116,640 4,542,640 + PROGRAMS. + .............. Transfer [426,000] + back to + base + funding. + .............. SUBTOTAL 5,832,398 6,345,698 + OPERATIONAL + SYSTEM + DEVELOPMENT. + .............. + .............. TOTAL RESEARCH, 24,346,953 25,060,253 + DEVELOPMENT, + TEST & EVAL, + DW. + .............. + .............. OPERATIONAL + TEST & EVAL, + DEFENSE + .............. MANAGEMENT + SUPPORT + 1 0605118OTE OPERATIONAL 93,291 93,291 + TEST AND + EVALUATION. + 2 0605131OTE LIVE FIRE TEST 69,172 69,172 + AND EVALUATION. + 3 0605814OTE OPERATIONAL 58,737 58,737 + TEST + ACTIVITIES AND + ANALYSES. + .............. SUBTOTAL 221,200 221,200 + MANAGEMENT + SUPPORT. + .............. + .............. TOTAL 221,200 221,200 + OPERATIONAL + TEST & EVAL, + DEFENSE. + .............. + .............. TOTAL RDT&E.... 102,647,545 104,023,113 +------------------------------------------------------------------------ + +SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS + CONTINGENCY OPERATIONS. + +---------------------------------------------------------------------------------------------------------------- + SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of + Dollars) +----------------------------------------------------------------------------------------------------------------- + FY 2020 Senate + Line Program Element Item Request Authorized +---------------------------------------------------------------------------------------------------------------- + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, ARMY + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 74 0603327A AIR AND MISSILE DEFENSE SYSTEMS 500 500 + ENGINEERING. + 79 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 3,000 3,000 + 85 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 1,085 1,085 + ADV DEV. + 95 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 6,000 6,000 + (M-SHORAD). + 97 0604119A ARMY ADVANCED COMPONENT 4,529 4,529 + DEVELOPMENT & PROTOTYPING. + 105 0604785A INTEGRATED BASE DEFENSE (BUDGET 2,000 2,000 + ACTIVITY 4). + .................................. SUBTOTAL ADVANCED COMPONENT 17,114 17,114 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 151 0605035A COMMON INFRARED COUNTERMEASURES 11,770 11,770 + (CIRCM). + 159 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 77,420 77,420 + 163 0605203A ARMY SYSTEM DEVELOPMENT & 19,527 19,527 + DEMONSTRATION. + 174 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 3,200 3,200 + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 111,917 111,917 + DEMONSTRATION. + .................................. + .................................. RDT&E MANAGEMENT SUPPORT + 200 0606003A COUNTERINTEL AND HUMAN INTEL 1,875 1,875 + MODERNIZATION. + .................................. SUBTOTAL RDT&E MANAGEMENT SUPPORT. 1,875 1,875 + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + 238 0303028A SECURITY AND INTELLIGENCE 22,904 22,904 + ACTIVITIES. + 246 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 34,100 34,100 + 247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 14,000 14,000 + 252 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,214 2,214 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 73,218 73,218 + DEVELOPMENT. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, TEST 204,124 204,124 + & EVAL, ARMY. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, NAVY + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 28 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 2,400 2,400 + 38 0603527N RETRACT LARCH..................... 22,000 22,000 + 57 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 14,178 14,178 + DEVELOPMENT. + 69 0603795N LAND ATTACK TECHNOLOGY............ 1,428 1,428 + .................................. SUBTOTAL ADVANCED COMPONENT 40,006 40,006 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 143 0604755N SHIP SELF DEFENSE (DETECT & 1,122 1,122 + CONTROL). + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,122 1,122 + DEMONSTRATION. + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + 228 0206313M MARINE CORPS COMMUNICATIONS 15,000 15,000 + SYSTEMS. + 999 9999999999 CLASSIFIED PROGRAMS............... 108,282 108,282 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 123,282 123,282 + DEVELOPMENT. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, TEST 164,410 164,410 + & EVAL, NAVY. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, AF + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 48 0604858F TECH TRANSITION PROGRAM........... 26,450 26,450 + 72 1206857F SPACE RAPID CAPABILITIES OFFICE... 17,885 17,885 + .................................. SUBTOTAL ADVANCED COMPONENT 44,335 44,335 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + 177 0205671F JOINT COUNTER RCIED ELECTRONIC 4,000 4,000 + WARFARE. + 217 0208288F INTEL DATA APPLICATIONS........... 1,200 1,200 + 999 9999999999 CLASSIFIED PROGRAMS............... 400,713 78,713 + .................................. Transfer back to base funding. [-322,000] + .................................. SUBTOTAL OPERATIONAL SYSTEMS 405,913 83,913 + DEVELOPMENT. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, TEST 450,248 128,248 + & EVAL, AF. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, DW + .................................. APPLIED RESEARCH + 10 0602134BR COUNTER IMPROVISED-THREAT ADVANCED 1,677 1,677 + STUDIES. + .................................. SUBTOTAL APPLIED RESEARCH......... 1,677 1,677 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 25 0603122D8Z COMBATING TERRORISM TECHNOLOGY 25,230 25,230 + SUPPORT. + 27 0603134BR COUNTER IMPROVISED-THREAT 49,528 49,528 + SIMULATION. + .................................. SUBTOTAL ADVANCED TECHNOLOGY 74,758 74,758 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT AND + PROTOTYPES + 94 0604134BR COUNTER IMPROVISED-THREAT 113,590 113,590 + DEMONSTRATION, PROTOTYPE + DEVELOPMENT, AND TESTING. + .................................. SUBTOTAL ADVANCED COMPONENT 113,590 113,590 + DEVELOPMENT AND PROTOTYPES. + .................................. + .................................. OPERATIONAL SYSTEM DEVELOPMENT + 258 1160408BB OPERATIONAL ENHANCEMENTS.......... 726 726 + 259 1160431BB WARRIOR SYSTEMS................... 6,000 6,000 + 261 1160434BB UNMANNED ISR...................... 5,000 5,000 + 999 9999999999 CLASSIFIED PROGRAMS............... 626,199 200,199 + .................................. Transfer back to base funding. [-426,000] + .................................. SUBTOTAL OPERATIONAL SYSTEM 637,925 211,925 + DEVELOPMENT. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, TEST 827,950 401,950 + & EVAL, DW. + .................................. + .................................. TOTAL RDT&E....................... 1,646,732 898,732 +---------------------------------------------------------------------------------------------------------------- + + TITLE XLIII--OPERATION AND MAINTENANCE + +SEC. 4301. OPERATION AND MAINTENANCE. + +---------------------------------------------------------------------------------------------------------------- + SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + FY 2020 Senate + Line Item Request Authorized +---------------------------------------------------------------------------------------------------------------- + OPERATION & MAINTENANCE, ARMY + OPERATING FORCES + 010 MANEUVER UNITS....................................................... 0 1,735,922 + Transfer back to base funding.................................... [1,735,922] + 020 MODULAR SUPPORT BRIGADES............................................. 0 127,815 + Transfer back to base funding.................................... [127,815] + 030 ECHELONS ABOVE BRIGADE............................................... 0 716,356 + Transfer back to base funding.................................... [716,356] + 040 THEATER LEVEL ASSETS................................................. 0 890,891 + Transfer back to base funding.................................... [890,891] + 050 LAND FORCES OPERATIONS SUPPORT....................................... 0 1,232,477 + Transfer back to base funding.................................... [1,232,477] + 060 AVIATION ASSETS...................................................... 0 1,355,606 + Transfer back to base funding.................................... [1,355,606] + 070 FORCE READINESS OPERATIONS SUPPORT................................... 408,031 3,882,315 + Transfer back to base funding.................................... [3,474,284] + 080 LAND FORCES SYSTEMS READINESS........................................ 417,069 446,269 + UPL MDTF INDOPACOM............................................... [29,200] + 090 LAND FORCES DEPOT MAINTENANCE........................................ 0 1,633,327 + Transfer back to base funding.................................... [1,633,327] + 100 BASE OPERATIONS SUPPORT.............................................. 0 7,951,473 + Historical underexecution........................................ [-46,000] + Revised MHPI cost share.......................................... [-50,460] + Transfer back to base funding.................................... [8,047,933] + 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 4,326,840 4,326,840 + 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 405,612 405,612 + 160 US AFRICA COMMAND.................................................... 251,511 251,511 + 170 US EUROPEAN COMMAND.................................................. 146,358 154,158 + JIOCEUR JAC Molesworth........................................... [7,800] + 180 US SOUTHERN COMMAND.................................................. 191,840 191,840 + 190 US FORCES KOREA...................................................... 57,603 57,603 + 200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 423,156 423,156 + 210 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 551,185 551,185 + SUBTOTAL OPERATING FORCES............................................ 7,179,205 26,334,356 + + MOBILIZATION + 220 STRATEGIC MOBILITY................................................... 380,577 380,577 + 230 ARMY PREPOSITIONED STOCKS............................................ 362,942 362,942 + 240 INDUSTRIAL PREPAREDNESS.............................................. 4,637 4,637 + SUBTOTAL MOBILIZATION................................................ 748,156 748,156 + + TRAINING AND RECRUITING + 250 OFFICER ACQUISITION.................................................. 157,175 157,175 + 260 RECRUIT TRAINING..................................................... 55,739 55,739 + 270 ONE STATION UNIT TRAINING............................................ 62,300 62,300 + 280 SENIOR RESERVE OFFICERS TRAINING CORPS............................... 538,357 538,357 + 290 SPECIALIZED SKILL TRAINING........................................... 969,813 969,813 + 300 FLIGHT TRAINING...................................................... 1,234,049 1,234,049 + 310 PROFESSIONAL DEVELOPMENT EDUCATION................................... 218,338 218,338 + 320 TRAINING SUPPORT..................................................... 554,659 554,659 + 330 RECRUITING AND ADVERTISING........................................... 716,056 636,056 + Unjustified growth for advertising............................... [-70,000] + Unjustified growth for recruiting................................ [-10,000] + 340 EXAMINING............................................................ 185,034 185,034 + 350 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 214,275 214,275 + 360 CIVILIAN EDUCATION AND TRAINING...................................... 147,647 147,647 + 370 JUNIOR RESERVE OFFICER TRAINING CORPS................................ 173,812 173,812 + SUBTOTAL TRAINING AND RECRUITING..................................... 5,227,254 5,147,254 + + ADMIN & SRVWIDE ACTIVITIES + 390 SERVICEWIDE TRANSPORTATION........................................... 559,229 559,229 + 400 CENTRAL SUPPLY ACTIVITIES............................................ 929,944 929,944 + 410 LOGISTIC SUPPORT ACTIVITIES.......................................... 629,981 629,981 + 420 AMMUNITION MANAGEMENT................................................ 458,771 458,771 + 430 ADMINISTRATION....................................................... 428,768 428,768 + 440 SERVICEWIDE COMMUNICATIONS........................................... 1,512,736 1,512,736 + 450 MANPOWER MANAGEMENT.................................................. 272,738 272,738 + 460 OTHER PERSONNEL SUPPORT.............................................. 391,869 363,869 + Historical underexecution........................................ [-28,000] + 470 OTHER SERVICE SUPPORT................................................ 1,901,165 1,901,165 + 480 ARMY CLAIMS ACTIVITIES............................................... 198,765 183,765 + Historical underexecution........................................ [-15,000] + 490 REAL ESTATE MANAGEMENT............................................... 226,248 226,248 + 500 FINANCIAL MANAGEMENT AND AUDIT READINESS............................. 315,489 315,489 + 510 INTERNATIONAL MILITARY HEADQUARTERS.................................. 427,254 427,254 + 520 MISC. SUPPORT OF OTHER NATIONS....................................... 43,248 43,248 + 9999 CLASSIFIED PROGRAMS.................................................. 1,347,053 1,347,053 + SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 9,643,258 9,600,258 + + UNDISTRIBUTED + 999 UNDISTRIBUTED........................................................ 0 103,800 + Cyber operations-peculiar capability development projects........ [3,000] + Single family home pilot program................................. [1,000] + THAAD sustainment program transfer from MDA...................... [99,800] + SUBTOTAL UNDISTRIBUTED............................................... 0 103,800 + + TOTAL OPERATION & MAINTENANCE, ARMY.................................. 22,797,873 41,933,824 + + OPERATION & MAINTENANCE, ARMY RES + OPERATING FORCES + 010 MODULAR SUPPORT BRIGADES............................................. 0 11,927 + Transfer back to base funding.................................... [11,927] + 020 ECHELONS ABOVE BRIGADE............................................... 0 533,015 + Transfer back to base funding.................................... [533,015] + 030 THEATER LEVEL ASSETS................................................. 0 119,517 + Transfer back to base funding.................................... [119,517] + 040 LAND FORCES OPERATIONS SUPPORT....................................... 0 550,468 + Transfer back to base funding.................................... [550,468] + 050 AVIATION ASSETS...................................................... 0 86,670 + Transfer back to base funding.................................... [86,670] + 060 FORCE READINESS OPERATIONS SUPPORT................................... 390,061 390,061 + 070 LAND FORCES SYSTEMS READINESS........................................ 101,890 101,890 + 080 LAND FORCES DEPOT MAINTENANCE........................................ 0 48,503 + Transfer back to base funding.................................... [48,503] + 090 BASE OPERATIONS SUPPORT.............................................. 0 598,907 + Transfer back to base funding.................................... [598,907] + 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 444,376 444,376 + 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 22,095 22,095 + 120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 3,288 3,288 + 130 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 7,655 7,655 + SUBTOTAL OPERATING FORCES............................................ 969,365 2,918,372 + + ADMIN & SRVWD ACTIVITIES + 140 SERVICEWIDE TRANSPORTATION........................................... 14,533 14,533 + 150 ADMINISTRATION....................................................... 17,231 17,231 + 160 SERVICEWIDE COMMUNICATIONS........................................... 14,304 14,304 + 170 MANPOWER MANAGEMENT.................................................. 6,129 6,129 + 180 RECRUITING AND ADVERTISING........................................... 58,541 58,541 + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 110,738 110,738 + + TOTAL OPERATION & MAINTENANCE, ARMY RES.............................. 1,080,103 3,029,110 + + OPERATION & MAINTENANCE, ARNG + OPERATING FORCES + 010 MANEUVER UNITS....................................................... 0 805,671 + Transfer back to base funding.................................... [805,671] + 020 MODULAR SUPPORT BRIGADES............................................. 0 195,334 + Transfer back to base funding.................................... [195,334] + 030 ECHELONS ABOVE BRIGADE............................................... 0 771,048 + Transfer back to base funding.................................... [771,048] + 040 THEATER LEVEL ASSETS................................................. 0 94,726 + Transfer back to base funding.................................... [94,726] + 050 LAND FORCES OPERATIONS SUPPORT....................................... 0 33,696 + Transfer back to base funding.................................... [33,696] + 060 AVIATION ASSETS...................................................... 0 981,819 + Transfer back to base funding.................................... [981,819] + 070 FORCE READINESS OPERATIONS SUPPORT................................... 743,206 743,206 + 080 LAND FORCES SYSTEMS READINESS........................................ 50,963 50,963 + 090 LAND FORCES DEPOT MAINTENANCE........................................ 0 258,278 + Transfer back to base funding.................................... [258,278] + 100 BASE OPERATIONS SUPPORT.............................................. 0 1,153,076 + Transfer back to base funding.................................... [1,153,076] + 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 1,113,475 1,120,675 + Damage assessment................................................ [7,200] + 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 1,001,042 1,001,042 + 130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 8,448 8,448 + 140 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 7,768 7,768 + SUBTOTAL OPERATING FORCES............................................ 2,924,902 7,225,750 + + ADMIN & SRVWD ACTIVITIES + 150 SERVICEWIDE TRANSPORTATION........................................... 9,890 9,890 + 160 ADMINISTRATION....................................................... 71,070 71,070 + 170 SERVICEWIDE COMMUNICATIONS........................................... 68,213 68,213 + 180 MANPOWER MANAGEMENT.................................................. 8,628 8,628 + 190 OTHER PERSONNEL SUPPORT.............................................. 250,376 247,376 + Unjustified growth for marketing................................. [-1,500] + Unjustified growth for recruiting................................ [-1,500] + 200 REAL ESTATE MANAGEMENT............................................... 2,676 2,676 + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 410,853 407,853 + + TOTAL OPERATION & MAINTENANCE, ARNG.................................. 3,335,755 7,633,603 + + OPERATION & MAINTENANCE, NAVY + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 0 2,877,800 + Transfer back to base funding.................................... [2,877,800] + 020 FLEET AIR TRAINING................................................... 2,284,828 2,284,828 + 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES....................... 0 59,299 + Transfer back to base funding.................................... [59,299] + 040 AIR OPERATIONS AND SAFETY SUPPORT.................................... 155,896 155,896 + 050 AIR SYSTEMS SUPPORT.................................................. 719,107 719,107 + 060 AIRCRAFT DEPOT MAINTENANCE........................................... 0 1,154,181 + Transfer back to base funding.................................... [1,154,181] + 070 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 60,402 60,402 + 080 AVIATION LOGISTICS................................................... 1,241,421 1,241,421 + 090 MISSION AND OTHER SHIP OPERATIONS.................................... 0 4,097,262 + Transfer back to base funding.................................... [4,097,262] + 100 SHIP OPERATIONS SUPPORT & TRAINING................................... 1,031,792 1,031,792 + 110 SHIP DEPOT MAINTENANCE............................................... 0 8,875,298 + Transfer back to base funding.................................... [8,061,298] + UPL SSN and Ship maintenance increase............................ [814,000] + 120 SHIP DEPOT OPERATIONS SUPPORT........................................ 0 2,073,641 + Transfer back to base funding.................................... [2,073,641] + 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE......................... 1,378,856 1,378,856 + 140 SPACE SYSTEMS AND SURVEILLANCE....................................... 276,245 276,245 + 150 WARFARE TACTICS...................................................... 675,209 675,209 + 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY............................. 389,516 389,516 + 170 COMBAT SUPPORT FORCES................................................ 1,536,310 1,536,310 + 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................... 161,579 161,579 + 190 COMBATANT COMMANDERS CORE OPERATIONS................................. 59,521 59,521 + 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT.......................... 93,978 98,978 + Posture site assessments INDOPACOM............................... [5,000] + 210 MILITARY INFORMATION SUPPORT OPERATIONS.............................. 8,641 8,641 + 220 CYBERSPACE ACTIVITIES................................................ 496,385 496,385 + 230 FLEET BALLISTIC MISSILE.............................................. 1,423,339 1,423,339 + 240 WEAPONS MAINTENANCE.................................................. 924,069 924,069 + 250 OTHER WEAPON SYSTEMS SUPPORT......................................... 540,210 540,210 + 260 ENTERPRISE INFORMATION............................................... 1,131,627 1,131,627 + 270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 3,029,634 3,029,634 + 280 BASE OPERATING SUPPORT............................................... 0 4,433,783 + Revised MHPI cost share.......................................... [18,840] + Transfer back to base funding.................................... [4,414,943] + SUBTOTAL OPERATING FORCES............................................ 17,618,565 41,194,829 + + MOBILIZATION + 290 SHIP PREPOSITIONING AND SURGE........................................ 942,902 942,902 + 300 READY RESERVE FORCE.................................................. 352,044 352,044 + 310 SHIP ACTIVATIONS/INACTIVATIONS....................................... 427,555 427,555 + 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS................................ 137,597 137,597 + 330 COAST GUARD SUPPORT.................................................. 24,604 24,604 + SUBTOTAL MOBILIZATION................................................ 1,884,702 1,884,702 + + TRAINING AND RECRUITING + 340 OFFICER ACQUISITION.................................................. 150,765 150,765 + 350 RECRUIT TRAINING..................................................... 11,584 11,584 + 360 RESERVE OFFICERS TRAINING CORPS...................................... 159,133 159,133 + 370 SPECIALIZED SKILL TRAINING........................................... 911,316 911,316 + 380 PROFESSIONAL DEVELOPMENT EDUCATION................................... 185,211 185,211 + 390 TRAINING SUPPORT..................................................... 267,224 267,224 + 400 RECRUITING AND ADVERTISING........................................... 209,252 189,252 + Unjustified growth............................................... [-20,000] + 410 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 88,902 88,902 + 420 CIVILIAN EDUCATION AND TRAINING...................................... 67,492 67,492 + 430 JUNIOR ROTC.......................................................... 55,164 55,164 + SUBTOTAL TRAINING AND RECRUITING..................................... 2,106,043 2,086,043 + + ADMIN & SRVWD ACTIVITIES + 440 ADMINISTRATION....................................................... 1,143,358 1,092,358 + Decrease......................................................... [-1,000] + Unjustified audit growth......................................... [-50,000] + 450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................... 178,342 178,342 + 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 418,413 418,413 + 490 SERVICEWIDE TRANSPORTATION........................................... 157,465 157,465 + 510 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................... 485,397 490,397 + REPO............................................................. [5,000] + 520 ACQUISITION, LOGISTICS, AND OVERSIGHT................................ 654,137 654,137 + 530 INVESTIGATIVE AND SECURITY SERVICES.................................. 718,061 718,061 + 9999 CLASSIFIED PROGRAMS.................................................. 588,235 591,535 + Transfer back to base funding.................................... [3,300] + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 4,343,408 4,300,708 + + UNDISTRIBUTED + 999 UNDISTRIBUTED........................................................ 0 3,000 + Cyber operations-peculiar capability development projects........ [3,000] + SUBTOTAL UNDISTRIBUTED............................................... 0 3,000 + + TOTAL OPERATION & MAINTENANCE, NAVY.................................. 25,952,718 49,469,282 + + OPERATION & MAINTENANCE, MARINE CORPS + OPERATING FORCES + 010 OPERATIONAL FORCES................................................... 0 968,224 + Transfer back to base funding.................................... [968,224] + 020 FIELD LOGISTICS...................................................... 1,278,533 1,278,533 + 030 DEPOT MAINTENANCE.................................................... 0 232,991 + Transfer back to base funding.................................... [232,991] + 040 MARITIME PREPOSITIONING.............................................. 0 100,396 + Transfer back to base funding.................................... [100,396] + 050 CYBERSPACE ACTIVITIES................................................ 203,580 203,580 + 060 SUSTAINMENT, RESTORATION & MODERNIZATION............................. 1,115,742 1,559,034 + Transfer back to base funding.................................... [443,292] + 070 BASE OPERATING SUPPORT............................................... 0 2,253,776 + Transfer back to base funding.................................... [2,253,776] + SUBTOTAL OPERATING FORCES............................................ 2,597,855 6,596,534 + + TRAINING AND RECRUITING + 080 RECRUIT TRAINING..................................................... 21,240 21,240 + 090 OFFICER ACQUISITION.................................................. 1,168 1,168 + 100 SPECIALIZED SKILL TRAINING........................................... 106,601 106,601 + 110 PROFESSIONAL DEVELOPMENT EDUCATION................................... 49,095 49,095 + 120 TRAINING SUPPORT..................................................... 407,315 407,315 + 130 RECRUITING AND ADVERTISING........................................... 210,475 210,475 + 140 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 42,810 42,810 + 150 JUNIOR ROTC.......................................................... 25,183 25,183 + SUBTOTAL TRAINING AND RECRUITING..................................... 863,887 863,887 + + ADMIN & SRVWD ACTIVITIES + 160 SERVICEWIDE TRANSPORTATION........................................... 29,894 29,894 + 170 ADMINISTRATION....................................................... 384,352 384,352 + 9999 CLASSIFIED PROGRAMS.................................................. 52,057 52,057 + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 466,303 466,303 + + UNDISTRIBUTED + 999 UNDISTRIBUTED........................................................ 0 3,000 + Cyber operations-peculiar capability development................. [3,000] + SUBTOTAL UNDISTRIBUTED............................................... 0 3,000 + + TOTAL OPERATION & MAINTENANCE, MARINE CORPS.......................... 3,928,045 7,929,724 + + OPERATION & MAINTENANCE, NAVY RES + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 0 654,220 + Transfer back to base funding.................................... [654,220] + 020 INTERMEDIATE MAINTENANCE............................................. 8,767 8,767 + 030 AIRCRAFT DEPOT MAINTENANCE........................................... 0 108,236 + Transfer back to base funding.................................... [108,236] + 040 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 463 463 + 050 AVIATION LOGISTICS................................................... 26,014 26,014 + 060 SHIP OPERATIONS SUPPORT & TRAINING................................... 583 583 + 070 COMBAT COMMUNICATIONS................................................ 17,883 17,883 + 080 COMBAT SUPPORT FORCES................................................ 128,079 128,079 + 090 CYBERSPACE ACTIVITIES................................................ 356 356 + 100 ENTERPRISE INFORMATION............................................... 26,133 26,133 + 110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 35,397 35,397 + 120 BASE OPERATING SUPPORT............................................... 0 101,376 + Transfer back to base funding.................................... [101,376] + SUBTOTAL OPERATING FORCES............................................ 243,675 1,107,507 + + ADMIN & SRVWD ACTIVITIES + 130 ADMINISTRATION....................................................... 1,888 1,888 + 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 12,778 12,778 + 150 ACQUISITION AND PROGRAM MANAGEMENT................................... 2,943 2,943 + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 17,609 17,609 + + TOTAL OPERATION & MAINTENANCE, NAVY RES.............................. 261,284 1,125,116 + + OPERATION & MAINTENANCE, MC RESERVE + OPERATING FORCES + 010 OPERATING FORCES..................................................... 0 106,484 + Transfer back to base funding.................................... [106,484] + 020 DEPOT MAINTENANCE.................................................... 0 18,429 + Transfer back to base funding.................................... [18,429] + 030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 47,516 47,516 + 040 BASE OPERATING SUPPORT............................................... 0 106,073 + Transfer back to base funding.................................... [106,073] + SUBTOTAL OPERATING FORCES............................................ 47,516 278,502 + + ADMIN & SRVWD ACTIVITIES + 050 ADMINISTRATION....................................................... 13,574 13,574 + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 13,574 13,574 + + TOTAL OPERATION & MAINTENANCE, MC RESERVE............................ 61,090 292,076 + + OPERATION & MAINTENANCE, AIR FORCE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES................................................ 729,127 729,127 + 020 COMBAT ENHANCEMENT FORCES............................................ 1,318,770 1,318,770 + 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)....................... 1,486,790 1,486,790 + 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 0 3,334,792 + Transfer back to base funding.................................... [3,334,792] + 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 3,675,824 4,142,435 + Transfer back to base funding.................................... [466,611] + 060 CYBERSPACE SUSTAINMENT............................................... 0 228,811 + Transfer back to base funding.................................... [228,811] + 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 0 8,329,364 + Transfer back to base funding.................................... [8,329,364] + 080 FLYING HOUR PROGRAM.................................................. 0 4,048,773 + Transfer back to base funding.................................... [4,048,773] + 090 BASE SUPPORT......................................................... 0 7,191,582 + Revised MHPI cost share.......................................... [-32,400] + Transfer back to base funding.................................... [7,223,982] + 100 GLOBAL C3I AND EARLY WARNING......................................... 964,553 964,553 + 110 OTHER COMBAT OPS SPT PROGRAMS........................................ 1,032,307 1,032,307 + 120 CYBERSPACE ACTIVITIES................................................ 670,076 670,076 + 140 LAUNCH FACILITIES.................................................... 179,980 179,980 + 150 SPACE CONTROL SYSTEMS................................................ 467,990 467,990 + 160 US NORTHCOM/NORAD.................................................... 184,655 184,655 + 170 US STRATCOM.......................................................... 478,357 478,357 + 180 US CYBERCOM.......................................................... 323,121 347,921 + Accelerate development Cyber National Mission Force capabilities. [1,500] + Cyber National Mission Force Mobile & Modular Hunt Forward Kit... [5,300] + ETERNALDARKNESS.................................................. [18,000] + 190 US CENTCOM........................................................... 160,989 160,989 + 200 US SOCOM............................................................. 6,225 6,225 + 210 US TRANSCOM.......................................................... 544 544 + 220 CENTCOM CYBERSPACE SUSTAINMENT....................................... 2,073 2,073 + 230 USSPACECOM........................................................... 70,588 70,588 + 9999 CLASSIFIED PROGRAMS.................................................. 1,322,944 1,322,944 + SUBTOTAL OPERATING FORCES............................................ 13,074,913 36,699,646 + + MOBILIZATION + 240 AIRLIFT OPERATIONS................................................... 1,158,142 1,158,142 + 250 MOBILIZATION PREPAREDNESS............................................ 138,672 138,672 + SUBTOTAL MOBILIZATION................................................ 1,296,814 1,296,814 + + TRAINING AND RECRUITING + 260 OFFICER ACQUISITION.................................................. 130,835 130,835 + 270 RECRUIT TRAINING..................................................... 26,021 26,021 + 280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................... 121,391 121,391 + 290 SPECIALIZED SKILL TRAINING........................................... 454,539 454,539 + 300 FLIGHT TRAINING...................................................... 600,565 600,565 + 310 PROFESSIONAL DEVELOPMENT EDUCATION................................... 282,788 282,788 + 320 TRAINING SUPPORT..................................................... 123,988 123,988 + 330 RECRUITING AND ADVERTISING........................................... 167,731 161,731 + Unjustified growth............................................... [-6,000] + 340 EXAMINING............................................................ 4,576 4,576 + 350 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 211,911 211,911 + 360 CIVILIAN EDUCATION AND TRAINING...................................... 219,021 219,021 + 370 JUNIOR ROTC.......................................................... 62,092 62,092 + SUBTOTAL TRAINING AND RECRUITING..................................... 2,405,458 2,399,458 + + ADMIN & SRVWD ACTIVITIES + 380 LOGISTICS OPERATIONS................................................. 664,926 664,926 + 390 TECHNICAL SUPPORT ACTIVITIES......................................... 101,483 101,483 + 400 ADMINISTRATION....................................................... 892,480 892,480 + 410 SERVICEWIDE COMMUNICATIONS........................................... 152,532 152,532 + 420 OTHER SERVICEWIDE ACTIVITIES......................................... 1,254,089 1,254,089 + 430 CIVIL AIR PATROL..................................................... 30,070 30,070 + 460 INTERNATIONAL SUPPORT................................................ 136,110 136,110 + 9999 CLASSIFIED PROGRAMS.................................................. 1,269,624 1,269,624 + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 4,501,314 4,501,314 + + OPERATION & MAINTENANCE, SPACE FORCE + OPERATING FORCES + 010 BASE SUPPORT......................................................... 72,436 72,436 + SUBTOTAL OPERATING FORCES............................................ 72,436 72,436 + + TOTAL OPERATION & MAINTENANCE, SPACE FORCE........................... 72,436 72,436 + + UNDISTRIBUTED + 999 UNDISTRIBUTED........................................................ 0 3,000 + Cyber operations-peculiar capability development projects........ [3,000] + SUBTOTAL UNDISTRIBUTED............................................... 0 3,000 + + TOTAL OPERATION & MAINTENANCE, AIR FORCE............................. 21,278,499 44,900,232 + + OPERATION & MAINTENANCE, AF RESERVE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES................................................ 1,781,413 1,781,413 + 020 MISSION SUPPORT OPERATIONS........................................... 209,650 209,650 + 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 0 494,235 + Transfer back to base funding.................................... [494,235] + 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 128,746 128,746 + 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 0 256,512 + Transfer back to base funding.................................... [256,512] + 060 BASE SUPPORT......................................................... 0 414,626 + Transfer back to base funding.................................... [414,626] + 070 CYBERSPACE ACTIVITIES................................................ 1,673 1,673 + SUBTOTAL OPERATING FORCES............................................ 2,121,482 3,286,855 + + ADMINISTRATION AND SERVICEWIDE ACTIVITIES + 080 ADMINISTRATION....................................................... 69,436 69,436 + 090 RECRUITING AND ADVERTISING........................................... 22,124 22,124 + 100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................... 10,946 10,946 + 110 OTHER PERS SUPPORT (DISABILITY COMP)................................. 7,009 7,009 + 120 AUDIOVISUAL.......................................................... 448 448 + SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES................... 109,963 109,963 + + TOTAL OPERATION & MAINTENANCE, AF RESERVE............................ 2,231,445 3,396,818 + + OPERATION & MAINTENANCE, ANG + OPERATING FORCES + 010 AIRCRAFT OPERATIONS.................................................. 2,497,967 2,497,967 + 020 MISSION SUPPORT OPERATIONS........................................... 600,377 600,377 + 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 0 879,467 + Transfer back to base funding.................................... [879,467] + 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 400,734 400,734 + 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 0 1,299,089 + Transfer back to base funding.................................... [1,299,089] + 060 BASE SUPPORT......................................................... 0 911,775 + Transfer back to base funding.................................... [911,775] + 070 CYBERSPACE SUSTAINMENT............................................... 0 24,742 + Transfer back to base funding.................................... [24,742] + 080 CYBERSPACE ACTIVITIES................................................ 25,507 25,507 + SUBTOTAL OPERATING FORCES............................................ 3,524,585 6,639,658 + + ADMINISTRATION AND SERVICE-WIDE ACTIVITIES + 090 ADMINISTRATION....................................................... 47,215 47,215 + 100 RECRUITING AND ADVERTISING........................................... 40,356 40,356 + SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES.................. 87,571 87,571 + + TOTAL OPERATION & MAINTENANCE, ANG................................... 3,612,156 6,727,229 + + OPERATION AND MAINTENANCE, DEFENSE-WIDE + OPERATING FORCES + 010 JOINT CHIEFS OF STAFF................................................ 409,542 409,542 + 020 JOINT CHIEFS OF STAFF--CE2T2......................................... 579,179 579,179 + 030 JOINT CHIEFS OF STAFF--CYBER......................................... 24,598 24,598 + 040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES............. 1,075,762 1,075,762 + 050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES..................... 14,409 14,409 + 060 SPECIAL OPERATIONS COMMAND INTELLIGENCE.............................. 501,747 501,747 + 070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................... 559,300 559,300 + 080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS....... 177,928 177,928 + 090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT....................... 925,262 925,262 + 100 SPECIAL OPERATIONS COMMAND THEATER FORCES............................ 2,764,738 2,764,738 + SUBTOTAL OPERATING FORCES............................................ 7,032,465 7,032,465 + + TRAINING AND RECRUITING + 120 DEFENSE ACQUISITION UNIVERSITY....................................... 180,250 180,250 + 130 JOINT CHIEFS OF STAFF................................................ 100,610 100,610 + 140 PROFESSIONAL DEVELOPMENT EDUCATION................................... 33,967 33,967 + SUBTOTAL TRAINING AND RECRUITING..................................... 314,827 314,827 + + ADMIN & SRVWIDE ACTIVITIES + 160 CIVIL MILITARY PROGRAMS.............................................. 165,707 195,007 + IRT Increase..................................................... [14,300] + Starbase......................................................... [15,000] + 180 DEFENSE CONTRACT AUDIT AGENCY........................................ 627,467 627,467 + 190 DEFENSE CONTRACT AUDIT AGENCY--CYBER................................. 3,362 3,362 + 200 DEFENSE CONTRACT MANAGEMENT AGENCY................................... 1,438,068 1,438,068 + 210 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER............................ 24,391 24,391 + 220 DEFENSE HUMAN RESOURCES ACTIVITY..................................... 892,438 892,438 + 230 DEFENSE INFORMATION SYSTEMS AGENCY................................... 2,012,885 2,007,885 + MilCloud......................................................... [-5,000] + 240 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER............................ 601,223 636,360 + Sharkseer transfer............................................... [35,137] + 270 DEFENSE LEGAL SERVICES AGENCY........................................ 34,632 34,632 + 280 DEFENSE LOGISTICS AGENCY............................................. 415,699 415,699 + 290 DEFENSE MEDIA ACTIVITY............................................... 202,792 202,792 + 300 DEFENSE PERSONNEL ACCOUNTING AGENCY.................................. 144,881 144,881 + 310 DEFENSE SECURITY COOPERATION AGENCY.................................. 696,884 696,884 + Assessment, monitoring, and evaluation........................... [11,000] + Security cooperation account..................................... [-11,000] + 320 DEFENSE SECURITY SERVICE............................................. 889,664 899,664 + Consolidated Adjudication Facility............................... [10,000] + 340 DEFENSE SECURITY SERVICE--CYBER...................................... 9,220 9,220 + 360 DEFENSE TECHNICAL INFORMATION CENTER................................. 3,000 3,000 + 370 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................... 35,626 35,626 + 380 DEFENSE THREAT REDUCTION AGENCY...................................... 568,133 568,133 + 400 DEFENSE THREAT REDUCTION AGENCY--CYBER............................... 13,339 13,339 + 410 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY............................. 2,932,226 2,982,226 + Impact aid for children with severe disabilities................. [10,000] + Impact aid for schools with military dependent students.......... [40,000] + 420 MISSILE DEFENSE AGENCY............................................... 522,529 422,729 + THAAD program transfer to Army................................... [-99,800] + 450 OFFICE OF ECONOMIC ADJUSTMENT........................................ 59,513 59,513 + 460 OFFICE OF THE SECRETARY OF DEFENSE................................... 1,604,738 1,678,738 + Bien Hoa dioxin cleanup.......................................... [15,000] + CDC study........................................................ [10,000] + Emerging contaminants............................................ [1,000] + Industrial policy implementation of EO13806...................... [15,000] + Interstate compacts for licensure and credentialing.............. [4,000] + National Commission on Military Aviation Safety.................. [3,000] + National Commission on Military, National, and Public Service.... [1,000] + Readiness and Environmental Protection Integration............... [25,000] + 470 OFFICE OF THE SECRETARY OF DEFENSE--CYBER............................ 48,783 48,783 + 480 SPACE DEVELOPMENT AGENCY............................................. 44,750 44,750 + 500 WASHINGTON HEADQUARTERS SERVICES..................................... 324,001 329,001 + Defense Digital Service Hires.................................... [5,000] + 9999 CLASSIFIED PROGRAMS.................................................. 15,736,098 15,781,461 + Sharkseer transfer............................................... [-35,137] + Transfer back to base funding.................................... [80,500] + SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 30,052,049 30,196,049 + + TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE........................ 37,399,341 37,543,341 + + MISCELLANEOUS APPROPRIATIONS + US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE + 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE.................... 14,771 14,771 + SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE........... 14,771 14,771 + + OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID + 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID........................ 108,600 108,600 + SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID............... 108,600 108,600 + + COOPERATIVE THREAT REDUCTION + 010 COOPERATIVE THREAT REDUCTION......................................... 338,700 338,700 + SUBTOTAL COOPERATIVE THREAT REDUCTION................................ 338,700 338,700 + + ACQ WORKFORCE DEV FD + 010 ACQ WORKFORCE DEV FD................................................. 400,000 400,000 + SUBTOTAL ACQ WORKFORCE DEV FD........................................ 400,000 400,000 + + ENVIRONMENTAL RESTORATION, ARMY + 050 ENVIRONMENTAL RESTORATION, ARMY...................................... 207,518 207,518 + SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY............................. 207,518 207,518 + + ENVIRONMENTAL RESTORATION, NAVY + 060 ENVIRONMENTAL RESTORATION, NAVY...................................... 335,932 335,932 + SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY............................. 335,932 335,932 + + ENVIRONMENTAL RESTORATION, AIR FORCE + 070 ENVIRONMENTAL RESTORATION, AIR FORCE................................. 302,744 302,744 + SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE........................ 302,744 302,744 + + ENVIRONMENTAL RESTORATION, DEFENSE + 080 ENVIRONMENTAL RESTORATION, DEFENSE................................... 9,105 9,105 + SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE.......................... 9,105 9,105 + + ENVIRONMENTAL RESTORATION FORMERLY USED SITES + 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES........................ 216,499 216,499 + SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES............... 216,499 216,499 + + TOTAL MISCELLANEOUS APPROPRIATIONS................................... 1,933,869 1,933,869 + + UNDISTRIBUTED + UNDISTRIBUTED + 999 UNDISTRIBUTED........................................................ 0 -590,000 + Foreign currency fluctuation fund reduction...................... [-607,000] + JROTC............................................................ [25,000] + Printing inefficiencies.......................................... [-8,000] + SUBTOTAL UNDISTRIBUTED............................................... 0 -590,000 + + TOTAL UNDISTRIBUTED.................................................. 0 -590,000 + + TOTAL OPERATION & MAINTENANCE........................................ 123,944,614 205,396,660 +---------------------------------------------------------------------------------------------------------------- + +SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY + OPERATIONS. + +---------------------------------------------------------------------------------------------------------------- + SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + FY 2020 Senate + Line Item Request Authorized +---------------------------------------------------------------------------------------------------------------- + OPERATION & MAINTENANCE, ARMY + OPERATING FORCES + 010 MANEUVER UNITS....................................................... 3,146,796 1,410,874 + Transfer back to base funding.................................... [-1,735,922] + 020 MODULAR SUPPORT BRIGADES............................................. 127,815 0 + Transfer back to base funding.................................... [-127,815] + 030 ECHELONS ABOVE BRIGADE............................................... 742,858 26,502 + Transfer back to base funding.................................... [-716,356] + 040 THEATER LEVEL ASSETS................................................. 3,165,381 2,274,490 + Transfer back to base funding.................................... [-890,891] + 050 LAND FORCES OPERATIONS SUPPORT....................................... 1,368,765 136,288 + Transfer back to base funding.................................... [-1,232,477] + 060 AVIATION ASSETS...................................................... 1,655,846 300,240 + Transfer back to base funding.................................... [-1,355,606] + 070 FORCE READINESS OPERATIONS SUPPORT................................... 6,889,293 3,415,009 + Transfer back to base funding.................................... [-3,474,284] + 080 LAND FORCES SYSTEMS READINESS........................................ 29,985 29,985 + 090 LAND FORCES DEPOT MAINTENANCE........................................ 1,720,258 86,931 + Transfer back to base funding.................................... [-1,633,327] + 100 BASE OPERATIONS SUPPORT.............................................. 8,163,639 115,706 + Transfer back to base funding.................................... [-8,047,933] + 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 72,657 72,657 + 130 ADDITIONAL ACTIVITIES................................................ 6,397,586 6,397,586 + 140 COMMANDER'S EMERGENCY RESPONSE PROGRAM............................... 5,000 5,000 + 150 RESET................................................................ 1,048,896 1,048,896 + 160 US AFRICA COMMAND.................................................... 203,174 203,174 + 170 US EUROPEAN COMMAND.................................................. 173,676 173,676 + 200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 188,529 188,529 + 210 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 5,682 5,682 + SUBTOTAL OPERATING FORCES............................................ 35,105,836 15,891,225 + + MOBILIZATION + 230 ARMY PREPOSITIONED STOCKS............................................ 131,954 131,954 + SUBTOTAL MOBILIZATION................................................ 131,954 131,954 + + ADMIN & SRVWIDE ACTIVITIES + 390 SERVICEWIDE TRANSPORTATION........................................... 721,014 721,014 + 400 CENTRAL SUPPLY ACTIVITIES............................................ 66,845 66,845 + 410 LOGISTIC SUPPORT ACTIVITIES.......................................... 9,309 9,309 + 420 AMMUNITION MANAGEMENT................................................ 23,653 23,653 + 460 OTHER PERSONNEL SUPPORT.............................................. 109,019 109,019 + 490 REAL ESTATE MANAGEMENT............................................... 251,355 251,355 + 9999 CLASSIFIED PROGRAMS.................................................. 1,568,564 1,568,564 + SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 2,749,759 2,749,759 + + TOTAL OPERATION & MAINTENANCE, ARMY.................................. 37,987,549 18,772,938 + + OPERATION & MAINTENANCE, ARMY RES + OPERATING FORCES + 010 MODULAR SUPPORT BRIGADES............................................. 11,927 0 + Transfer back to base funding.................................... [-11,927] + 020 ECHELONS ABOVE BRIGADE............................................... 553,455 20,440 + Transfer back to base funding.................................... [-533,015] + 030 THEATER LEVEL ASSETS................................................. 119,517 0 + Transfer back to base funding.................................... [-119,517] + 040 LAND FORCES OPERATIONS SUPPORT....................................... 550,468 0 + Transfer back to base funding.................................... [-550,468] + 050 AVIATION ASSETS...................................................... 86,670 0 + Transfer back to base funding.................................... [-86,670] + 060 FORCE READINESS OPERATIONS SUPPORT................................... 689 689 + 080 LAND FORCES DEPOT MAINTENANCE........................................ 48,503 0 + Transfer back to base funding.................................... [-48,503] + 090 BASE OPERATIONS SUPPORT.............................................. 615,370 16,463 + Transfer back to base funding.................................... [-598,907] + SUBTOTAL OPERATING FORCES............................................ 1,986,599 37,592 + + TOTAL OPERATION & MAINTENANCE, ARMY RES.............................. 1,986,599 37,592 + + OPERATION & MAINTENANCE, ARNG + OPERATING FORCES + 010 MANEUVER UNITS....................................................... 851,567 45,896 + Transfer back to base funding.................................... [-805,671] + 020 MODULAR SUPPORT BRIGADES............................................. 195,514 180 + Transfer back to base funding.................................... [-195,334] + 030 ECHELONS ABOVE BRIGADE............................................... 774,030 2,982 + Transfer back to base funding.................................... [-771,048] + 040 THEATER LEVEL ASSETS................................................. 95,274 548 + Transfer back to base funding.................................... [-94,726] + 050 LAND FORCES OPERATIONS SUPPORT....................................... 33,696 0 + Transfer back to base funding.................................... [-33,696] + 060 AVIATION ASSETS...................................................... 991,048 9,229 + Transfer back to base funding.................................... [-981,819] + 070 FORCE READINESS OPERATIONS SUPPORT................................... 1,584 1,584 + 090 LAND FORCES DEPOT MAINTENANCE........................................ 258,278 0 + Transfer back to base funding.................................... [-258,278] + 100 BASE OPERATIONS SUPPORT.............................................. 1,175,139 22,063 + Transfer back to base funding.................................... [-1,153,076] + 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 606 606 + SUBTOTAL OPERATING FORCES............................................ 4,376,736 83,088 + + ADMIN & SRVWD ACTIVITIES + 170 SERVICEWIDE COMMUNICATIONS........................................... 203 203 + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 203 203 + + TOTAL OPERATION & MAINTENANCE, ARNG.................................. 4,376,939 83,291 + + AFGHANISTAN SECURITY FORCES FUND + AFGHAN NATIONAL ARMY + 090 SUSTAINMENT.......................................................... 1,313,047 1,313,047 + 100 INFRASTRUCTURE....................................................... 37,152 37,152 + 110 EQUIPMENT AND TRANSPORTATION......................................... 120,868 120,868 + 120 TRAINING AND OPERATIONS.............................................. 118,591 118,591 + SUBTOTAL AFGHAN NATIONAL ARMY........................................ 1,589,658 1,589,658 + + AFGHAN NATIONAL POLICE + 130 SUSTAINMENT.......................................................... 422,806 422,806 + 140 INFRASTRUCTURE....................................................... 2,358 2,358 + 150 EQUIPMENT AND TRANSPORTATION......................................... 127,081 127,081 + 160 TRAINING AND OPERATIONS.............................................. 108,112 108,112 + SUBTOTAL AFGHAN NATIONAL POLICE...................................... 660,357 660,357 + + AFGHAN AIR FORCE + 170 SUSTAINMENT.......................................................... 893,829 893,829 + 180 INFRASTRUCTURE....................................................... 8,611 8,611 + 190 EQUIPMENT AND TRANSPORTATION......................................... 566,967 566,967 + 200 TRAINING AND OPERATIONS.............................................. 356,108 356,108 + SUBTOTAL AFGHAN AIR FORCE............................................ 1,825,515 1,825,515 + + AFGHAN SPECIAL SECURITY FORCES + 210 SUSTAINMENT.......................................................... 437,909 437,909 + 220 INFRASTRUCTURE....................................................... 21,131 21,131 + 230 EQUIPMENT AND TRANSPORTATION......................................... 153,806 153,806 + 240 TRAINING AND OPERATIONS.............................................. 115,602 115,602 + SUBTOTAL AFGHAN SPECIAL SECURITY FORCES.............................. 728,448 728,448 + + TOTAL AFGHANISTAN SECURITY FORCES FUND............................... 4,803,978 4,803,978 + + OPERATION & MAINTENANCE, NAVY + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 5,682,156 2,804,356 + Transfer back to base funding.................................... [-2,877,800] + 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES....................... 60,115 816 + Transfer back to base funding.................................... [-59,299] + 040 AIR OPERATIONS AND SAFETY SUPPORT.................................... 9,582 9,582 + 050 AIR SYSTEMS SUPPORT.................................................. 197,262 197,262 + 060 AIRCRAFT DEPOT MAINTENANCE........................................... 1,322,427 168,246 + Transfer back to base funding.................................... [-1,154,181] + 070 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 3,594 3,594 + 080 AVIATION LOGISTICS................................................... 10,618 10,618 + 090 MISSION AND OTHER SHIP OPERATIONS.................................... 5,582,370 1,485,108 + Transfer back to base funding.................................... [-4,097,262] + 100 SHIP OPERATIONS SUPPORT & TRAINING................................... 20,334 20,334 + 110 SHIP DEPOT MAINTENANCE............................................... 10,426,913 2,365,615 + Transfer back to base funding.................................... [-8,061,298] + 120 SHIP DEPOT OPERATIONS SUPPORT........................................ 2,073,641 0 + Transfer back to base funding.................................... [-2,073,641] + 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE......................... 58,092 58,092 + 140 SPACE SYSTEMS AND SURVEILLANCE....................................... 18,000 18,000 + 150 WARFARE TACTICS...................................................... 16,984 16,984 + 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY............................. 29,382 29,382 + 170 COMBAT SUPPORT FORCES................................................ 608,870 608,870 + 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................... 7,799 7,799 + 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT.......................... 24,800 24,800 + 220 CYBERSPACE ACTIVITIES................................................ 363 363 + 240 WEAPONS MAINTENANCE.................................................. 486,188 486,188 + 250 OTHER WEAPON SYSTEMS SUPPORT......................................... 12,189 12,189 + 270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 68,667 68,667 + 280 BASE OPERATING SUPPORT............................................... 4,634,042 219,099 + Transfer back to base funding.................................... [-4,414,943] + SUBTOTAL OPERATING FORCES............................................ 31,354,388 8,615,964 + + MOBILIZATION + 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS................................ 17,580 17,580 + 330 COAST GUARD SUPPORT.................................................. 190,000 190,000 + SUBTOTAL MOBILIZATION................................................ 207,580 207,580 + + TRAINING AND RECRUITING + 370 SPECIALIZED SKILL TRAINING........................................... 52,161 52,161 + SUBTOTAL TRAINING AND RECRUITING..................................... 52,161 52,161 + + ADMIN & SRVWD ACTIVITIES + 440 ADMINISTRATION....................................................... 8,475 8,475 + 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 7,653 7,653 + 490 SERVICEWIDE TRANSPORTATION........................................... 70,683 70,683 + 520 ACQUISITION, LOGISTICS, AND OVERSIGHT................................ 11,130 11,130 + 530 INVESTIGATIVE AND SECURITY SERVICES.................................. 1,559 1,559 + 9999 CLASSIFIED PROGRAMS.................................................. 21,054 17,754 + Transfer back to base funding.................................... [-3,300] + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 120,554 117,254 + + TOTAL OPERATION & MAINTENANCE, NAVY.................................. 31,734,683 8,992,959 + + OPERATION & MAINTENANCE, MARINE CORPS + OPERATING FORCES + 010 OPERATIONAL FORCES................................................... 1,682,877 714,653 + Transfer back to base funding.................................... [-968,224] + 020 FIELD LOGISTICS...................................................... 232,508 232,508 + 030 DEPOT MAINTENANCE.................................................... 287,092 54,101 + Transfer back to base funding.................................... [-232,991] + 040 MARITIME PREPOSITIONING.............................................. 100,396 0 + Transfer back to base funding.................................... [-100,396] + 050 CYBERSPACE ACTIVITIES................................................ 2,000 2,000 + 060 SUSTAINMENT, RESTORATION & MODERNIZATION............................. 443,292 340,000 + Disaster recovery increase....................................... [340,000] + Transfer back to base funding.................................... [-443,292] + 070 BASE OPERATING SUPPORT............................................... 2,278,346 24,570 + Transfer back to base funding.................................... [-2,253,776] + SUBTOTAL OPERATING FORCES............................................ 5,026,511 1,367,832 + + TRAINING AND RECRUITING + 120 TRAINING SUPPORT..................................................... 30,459 30,459 + SUBTOTAL TRAINING AND RECRUITING..................................... 30,459 30,459 + + ADMIN & SRVWD ACTIVITIES + 160 SERVICEWIDE TRANSPORTATION........................................... 61,400 61,400 + 9999 CLASSIFIED PROGRAMS.................................................. 5,100 5,100 + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 66,500 66,500 + + TOTAL OPERATION & MAINTENANCE, MARINE CORPS.......................... 5,123,470 1,464,791 + + OPERATION & MAINTENANCE, NAVY RES + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 654,220 0 + Transfer back to base funding.................................... [-654,220] + 020 INTERMEDIATE MAINTENANCE............................................. 510 510 + 030 AIRCRAFT DEPOT MAINTENANCE........................................... 119,864 11,628 + Transfer back to base funding.................................... [-108,236] + 080 COMBAT SUPPORT FORCES................................................ 10,898 10,898 + 120 BASE OPERATING SUPPORT............................................... 101,376 0 + Transfer back to base funding.................................... [-101,376] + SUBTOTAL OPERATING FORCES............................................ 886,868 23,036 + + TOTAL OPERATION & MAINTENANCE, NAVY RES.............................. 886,868 23,036 + + OPERATION & MAINTENANCE, MC RESERVE + OPERATING FORCES + 010 OPERATING FORCES..................................................... 114,111 7,627 + Transfer back to base funding.................................... [-106,484] + 020 DEPOT MAINTENANCE.................................................... 18,429 0 + Transfer back to base funding.................................... [-18,429] + 040 BASE OPERATING SUPPORT............................................... 107,153 1,080 + Transfer back to base funding.................................... [-106,073] + SUBTOTAL OPERATING FORCES............................................ 239,693 8,707 + + TOTAL OPERATION & MAINTENANCE, MC RESERVE............................ 239,693 8,707 + + OPERATION & MAINTENANCE, AIR FORCE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES................................................ 163,632 163,632 + 020 COMBAT ENHANCEMENT FORCES............................................ 1,049,170 1,049,170 + 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)....................... 111,808 111,808 + 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 3,743,491 408,699 + Transfer back to base funding.................................... [-3,334,792] + 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 613,875 487,264 + Disaster recovery increase....................................... [340,000] + Transfer back to base funding.................................... [-466,611] + 060 CYBERSPACE SUSTAINMENT............................................... 238,872 10,061 + Transfer back to base funding.................................... [-228,811] + 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 9,282,958 953,594 + Transfer back to base funding.................................... [-8,329,364] + 080 FLYING HOUR PROGRAM.................................................. 6,544,039 2,495,266 + Transfer back to base funding.................................... [-4,048,773] + 090 BASE SUPPORT......................................................... 8,762,102 1,538,120 + Transfer back to base funding.................................... [-7,223,982] + 100 GLOBAL C3I AND EARLY WARNING......................................... 13,863 13,863 + 110 OTHER COMBAT OPS SPT PROGRAMS........................................ 272,020 272,020 + 120 CYBERSPACE ACTIVITIES................................................ 17,657 17,657 + 130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES.......................... 36,098 36,098 + 140 LAUNCH FACILITIES.................................................... 391 391 + 150 SPACE CONTROL SYSTEMS................................................ 39,990 39,990 + 160 US NORTHCOM/NORAD.................................................... 725 725 + 170 US STRATCOM.......................................................... 926 926 + 180 US CYBERCOM.......................................................... 35,189 35,189 + 190 US CENTCOM........................................................... 163,015 163,015 + 200 US SOCOM............................................................. 19,000 19,000 + SUBTOTAL OPERATING FORCES............................................ 31,108,821 7,816,488 + + MOBILIZATION + 240 AIRLIFT OPERATIONS................................................... 1,271,439 1,271,439 + 250 MOBILIZATION PREPAREDNESS............................................ 109,682 109,682 + SUBTOTAL MOBILIZATION................................................ 1,381,121 1,381,121 + + TRAINING AND RECRUITING + 260 OFFICER ACQUISITION.................................................. 200 200 + 270 RECRUIT TRAINING..................................................... 352 352 + 290 SPECIALIZED SKILL TRAINING........................................... 26,802 26,802 + 300 FLIGHT TRAINING...................................................... 844 844 + 310 PROFESSIONAL DEVELOPMENT EDUCATION................................... 1,199 1,199 + 320 TRAINING SUPPORT..................................................... 1,320 1,320 + SUBTOTAL TRAINING AND RECRUITING..................................... 30,717 30,717 + + ADMIN & SRVWD ACTIVITIES + 380 LOGISTICS OPERATIONS................................................. 164,701 164,701 + 390 TECHNICAL SUPPORT ACTIVITIES......................................... 11,608 11,608 + 400 ADMINISTRATION....................................................... 4,814 4,814 + 410 SERVICEWIDE COMMUNICATIONS........................................... 145,204 145,204 + 420 OTHER SERVICEWIDE ACTIVITIES......................................... 98,841 98,841 + 460 INTERNATIONAL SUPPORT................................................ 29,890 29,890 + 9999 CLASSIFIED PROGRAMS.................................................. 52,995 52,995 + SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 508,053 508,053 + + TOTAL OPERATION & MAINTENANCE, AIR FORCE............................. 33,028,712 9,736,379 + + OPERATION & MAINTENANCE, AF RESERVE + OPERATING FORCES + 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 518,423 24,188 + Transfer back to base funding.................................... [-494,235] + 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 256,512 0 + Transfer back to base funding.................................... [-256,512] + 060 BASE SUPPORT......................................................... 420,196 5,570 + Transfer back to base funding.................................... [-414,626] + SUBTOTAL OPERATING FORCES............................................ 1,195,131 29,758 + + TOTAL OPERATION & MAINTENANCE, AF RESERVE............................ 1,195,131 29,758 + + OPERATION & MAINTENANCE, ANG + OPERATING FORCES + 020 MISSION SUPPORT OPERATIONS........................................... 3,666 3,666 + 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 946,411 66,944 + Transfer back to base funding.................................... [-879,467] + 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 1,392,709 93,620 + Transfer back to base funding.................................... [-1,299,089] + 060 BASE SUPPORT......................................................... 924,454 12,679 + Transfer back to base funding.................................... [-911,775] + 070 CYBERSPACE SUSTAINMENT............................................... 24,742 0 + Transfer back to base funding.................................... [-24,742] + SUBTOTAL OPERATING FORCES............................................ 3,291,982 176,909 + + TOTAL OPERATION & MAINTENANCE, ANG................................... 3,291,982 176,909 + + OPERATION AND MAINTENANCE, DEFENSE-WIDE + OPERATING FORCES + 010 JOINT CHIEFS OF STAFF................................................ 21,866 21,866 + 020 JOINT CHIEFS OF STAFF--CE2T2......................................... 6,634 6,634 + 040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES............. 1,121,580 1,121,580 + 060 SPECIAL OPERATIONS COMMAND INTELLIGENCE.............................. 1,328,201 1,328,201 + 070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................... 399,845 399,845 + 090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT....................... 138,458 138,458 + 100 SPECIAL OPERATIONS COMMAND THEATER FORCES............................ 808,729 808,729 + SUBTOTAL OPERATING FORCES............................................ 3,825,313 3,825,313 + + ADMIN & SRVWIDE ACTIVITIES + 180 DEFENSE CONTRACT AUDIT AGENCY........................................ 1,810 1,810 + 200 DEFENSE CONTRACT MANAGEMENT AGENCY................................... 21,723 21,723 + 230 DEFENSE INFORMATION SYSTEMS AGENCY................................... 81,133 81,133 + 240 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER............................ 3,455 3,455 + 270 DEFENSE LEGAL SERVICES AGENCY........................................ 196,124 196,124 + 290 DEFENSE MEDIA ACTIVITY............................................... 14,377 14,377 + 310 DEFENSE SECURITY COOPERATION AGENCY.................................. 1,927,217 1,977,217 + Security cooperation account, unjustified growth................. [-100,000] + Transfer from CTEF Iraq.......................................... [100,000] + Ukraine Security Assistance Initiative........................... [50,000] + 380 DEFENSE THREAT REDUCTION AGENCY...................................... 317,558 317,558 + 410 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY............................. 31,620 31,620 + 460 OFFICE OF THE SECRETARY OF DEFENSE................................... 16,666 16,666 + 500 WASHINGTON HEADQUARTERS SERVICES..................................... 6,331 6,331 + 9999 CLASSIFIED PROGRAMS.................................................. 2,005,285 1,924,785 + Transfer back to base funding.................................... [-80,500] + SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 4,623,299 4,592,799 + + TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE........................ 8,448,612 8,418,112 + + TOTAL OPERATION & MAINTENANCE........................................ 133,104,216 52,548,450 +---------------------------------------------------------------------------------------------------------------- + + TITLE XLIV--MILITARY PERSONNEL + +SEC. 4401. MILITARY PERSONNEL. + +------------------------------------------------------------------------ + SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Senate + Item Request Authorized +------------------------------------------------------------------------ +MILITARY PERSONNEL +MILITARY PERSONNEL APPROPRIATIONS +MILITARY PERSONNEL APPROPRIATIONS..... 143,476,503 142,557,523 + Historical under execution....... [-918,980] +SUBTOTAL MILITARY PERSONNEL 143,476,503 142,557,523 + APPROPRIATIONS....................... + +MEDICARE-ELIGIBLE RETIREE HEALTH FUND + CONTRIBUTIONS +MEDICARE-ELIGIBLE RETIREE HEALTH FUND 7,816,815 7,816,815 + CONTRIBUTIONS........................ +SUBTOTAL MEDICARE-ELIGIBLE RETIREE 7,816,815 7,816,815 + HEALTH FUND CONTRIBUTIONS............ + +TOTAL MILITARY PERSONNEL.............. 151,293,318 150,374,338 +------------------------------------------------------------------------ + +SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS. + +------------------------------------------------------------------------ + SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In + Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Senate + Item Request Authorized +------------------------------------------------------------------------ +MILITARY PERSONNEL +MILITARY PERSONNEL APPROPRIATIONS +MILITARY PERSONNEL APPROPRIATIONS..... 4,485,808 4,485,808 +SUBTOTAL MILITARY PERSONNEL 4,485,808 4,485,808 + APPROPRIATIONS....................... + +TOTAL MILITARY PERSONNEL.............. 4,485,808 4,485,808 +------------------------------------------------------------------------ + + TITLE XLV--OTHER AUTHORIZATIONS + +SEC. 4501. OTHER AUTHORIZATIONS. + +------------------------------------------------------------------------ + SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Senate + Line Item Request Authorized +------------------------------------------------------------------------ + WORKING CAPITAL FUND + WORKING CAPITAL FUND, ARMY + 010 INDUSTRIAL OPERATIONS.......... 57,467 57,467 + 020 SUPPLY MANAGEMENT--ARMY........ 32,130 32,130 + SUBTOTAL WORKING CAPITAL FUND, 89,597 89,597 + ARMY.......................... + + WORKING CAPITAL FUND, AIR FORCE + 020 SUPPLIES AND MATERIALS......... 92,499 102,499 + Energy optimization [10,000] + initiatives................ + SUBTOTAL WORKING CAPITAL FUND, 92,499 102,499 + AIR FORCE..................... + + WORKING CAPITAL FUND, DEFENSE- + WIDE + 010 SUPPLY CHAIN MANAGEMENT--DEF... 49,085 49,085 + SUBTOTAL WORKING CAPITAL FUND, 49,085 49,085 + DEFENSE-WIDE.................. + + WORKING CAPITAL FUND, DECA + 010 WORKING CAPITAL FUND, DECA..... 995,030 995,030 + SUBTOTAL WORKING CAPITAL FUND, 995,030 995,030 + DECA.......................... + + WCF, DEF COUNTERINTELLIGENCE & + SECURITY AGENCY + 010 DEFENSE COUNTERINTELLIGENCE AND 200,000 200,000 + SECURITY AGENCY............... + SUBTOTAL WCF, DEF 200,000 200,000 + COUNTERINTELLIGENCE & SECURITY + AGENCY........................ + + TOTAL WORKING CAPITAL FUND..... 1,426,211 1,436,211 + + CHEM AGENTS & MUNITIONS + DESTRUCTION + CHEM AGENTS & MUNITIONS + DESTRUCTION + 1 OPERATION AND MAINTENANCE...... 107,351 107,351 + 2 RESEARCH, DEVELOPMENT, TEST, 875,930 875,930 + AND EVALUATION................ + 3 PROCUREMENT.................... 2,218 2,218 + SUBTOTAL CHEM AGENTS & 985,499 985,499 + MUNITIONS DESTRUCTION......... + + TOTAL CHEM AGENTS & MUNITIONS 985,499 985,499 + DESTRUCTION................... + + DRUG INTERDICTION & CTR-DRUG + ACTIVITIES, DEF + DRUG INTERDICTION AND COUNTER + DRUG ACTIVITIES + 010 COUNTER-NARCOTICS SUPPORT...... 581,739 581,739 + SUBTOTAL DRUG INTERDICTION AND 581,739 581,739 + COUNTER DRUG ACTIVITIES....... + + DRUG DEMAND REDUCTION PROGRAM + 020 DRUG DEMAND REDUCTION PROGRAM.. 120,922 120,922 + SUBTOTAL DRUG DEMAND REDUCTION 120,922 120,922 + PROGRAM....................... + + NATIONAL GUARD COUNTER-DRUG + PROGRAM + 030 NATIONAL GUARD COUNTER-DRUG 91,370 91,370 + PROGRAM....................... + SUBTOTAL NATIONAL GUARD COUNTER- 91,370 91,370 + DRUG PROGRAM.................. + + NATIONAL GUARD COUNTER-DRUG + SCHOOLS + 040 NATIONAL GUARD COUNTER-DRUG 5,371 5,371 + SCHOOLS....................... + SUBTOTAL NATIONAL GUARD COUNTER- 5,371 5,371 + DRUG SCHOOLS.................. + + TOTAL DRUG INTERDICTION & CTR- 799,402 799,402 + DRUG ACTIVITIES, DEF.......... + + OFFICE OF THE INSPECTOR GENERAL + OFFICE OF THE INSPECTOR GENERAL + 010 OPERATION AND MAINTENANCE...... 359,022 359,022 + 020 OPERATION AND MAINTENANCE-- 1,179 1,179 + CYBER......................... + 030 RDT&E.......................... 2,965 2,965 + 040 PROCUREMENT.................... 333 333 + SUBTOTAL OFFICE OF THE 363,499 363,499 + INSPECTOR GENERAL............. + + TOTAL OFFICE OF THE INSPECTOR 363,499 363,499 + GENERAL....................... + + DEFENSE HEALTH PROGRAM + OPERATION & MAINTENANCE + 010 IN-HOUSE CARE.................. 9,570,615 9,570,615 + 020 PRIVATE SECTOR CARE............ 15,041,006 15,052,006 + Contraceptive cost-sharing. [11,000] + 030 CONSOLIDATED HEALTH SUPPORT.... 1,975,536 1,975,536 + 040 INFORMATION MANAGEMENT......... 2,004,588 2,004,588 + 050 MANAGEMENT ACTIVITIES.......... 333,246 333,246 + 060 EDUCATION AND TRAINING......... 793,810 793,810 + 070 BASE OPERATIONS/COMMUNICATIONS. 2,093,289 2,093,289 + SUBTOTAL OPERATION & 31,812,090 31,823,090 + MAINTENANCE................... + + RDT&E + 080 R&D RESEARCH................... 12,621 12,621 + 090 R&D EXPLORATRY DEVELOPMENT..... 84,266 84,266 + 100 R&D ADVANCED DEVELOPMENT....... 279,766 279,766 + 110 R&D DEMONSTRATION/VALIDATION... 128,055 128,055 + 120 R&D ENGINEERING DEVELOPMENT.... 143,527 143,527 + 130 R&D MANAGEMENT AND SUPPORT..... 67,219 67,219 + 140 R&D CAPABILITIES ENHANCEMENT... 16,819 16,819 + SUBTOTAL RDT&E................. 732,273 732,273 + + PROCUREMENT + 150 PROC INITIAL OUTFITTING........ 26,135 26,135 + 160 PROC REPLACEMENT & 225,774 225,774 + MODERNIZATION................. + 170 PROC JOINT OPERATIONAL MEDICINE 314 314 + INFORMATION SYSTEM............ + 180 PROC MILITARY HEALTH SYSTEM-- 73,010 73,010 + DESKTOP TO DATACENTER......... + 190 PROC DOD HEALTHCARE MANAGEMENT 129,091 129,091 + SYSTEM MODERNIZATION.......... + SUBTOTAL PROCUREMENT........... 454,324 454,324 + + TOTAL DEFENSE HEALTH PROGRAM... 32,998,687 33,009,687 + + TOTAL OTHER AUTHORIZATIONS..... 36,573,298 36,594,298 +------------------------------------------------------------------------ + +SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS. + +------------------------------------------------------------------------ + SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In + Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Senate + Line Item Request Authorized +------------------------------------------------------------------------ + WORKING CAPITAL FUND + WORKING CAPITAL FUND, ARMY + 020 SUPPLY MANAGEMENT--ARMY........ 20,100 20,100 + SUBTOTAL WORKING CAPITAL FUND, 20,100 20,100 + ARMY.......................... + + TOTAL WORKING CAPITAL FUND..... 20,100 20,100 + + DRUG INTERDICTION & CTR-DRUG + ACTIVITIES, DEF + DRUG INTERDICTION AND COUNTER + DRUG ACTIVITIES + 010 COUNTER-NARCOTICS SUPPORT...... 163,596 163,596 + SUBTOTAL DRUG INTERDICTION AND 163,596 163,596 + COUNTER DRUG ACTIVITIES....... + + TOTAL DRUG INTERDICTION & CTR- 163,596 163,596 + DRUG ACTIVITIES, DEF.......... + + OFFICE OF THE INSPECTOR GENERAL + OFFICE OF THE INSPECTOR GENERAL + 010 OPERATION & MAINTENANCE........ 24,254 24,254 + SUBTOTAL OFFICE OF THE 24,254 24,254 + INSPECTOR GENERAL............. + + TOTAL OFFICE OF THE INSPECTOR 24,254 24,254 + GENERAL....................... + + DEFENSE HEALTH PROGRAM + OPERATION & MAINTENANCE + 010 IN-HOUSE CARE.................. 57,459 57,459 + 020 PRIVATE SECTOR CARE............ 287,487 287,487 + 030 CONSOLIDATED HEALTH SUPPORT.... 2,800 2,800 + SUBTOTAL OPERATION & 347,746 347,746 + MAINTENANCE................... + + TOTAL DEFENSE HEALTH PROGRAM... 347,746 347,746 + + COUNTER ISIS TRAIN AND EQUIP + FUND (CTEF) + COUNTER ISIS TRAIN AND EQUIP + FUND (CTEF) + 010 IRAQ........................... 745,000 645,000 + Transfer to DSCA Security [-100,000] + Cooperation................ + 020 SYRIA.......................... 300,000 300,000 + SUBTOTAL COUNTER ISIS TRAIN AND 1,045,000 945,000 + EQUIP FUND (CTEF)............. + + TOTAL COUNTER ISIS TRAIN AND 1,045,000 945,000 + EQUIP FUND (CTEF)............. + + TOTAL OTHER AUTHORIZATIONS..... 1,600,696 1,500,696 +------------------------------------------------------------------------ + + TITLE XLVI--MILITARY CONSTRUCTION + +SEC. 4601. MILITARY CONSTRUCTION. + +---------------------------------------------------------------------------------------------------------------- + SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + State/Country and FY 2020 Senate + Account Installation Project Title Request Authorized +---------------------------------------------------------------------------------------------------------------- +MILITARY CONSTRUCTION +ARMY + Alabama +Army Redstone Arsenal Aircraft and Flight 38,000 38,000 + Equipment Building. + Colorado +Army Fort Carson Company Operations 71,000 71,000 + Facility. + Georgia +Army Fort Gordon Cyber Instructional Fac 107,000 67,000 + (Admin/Command). +Army Hunter Army Airfield Aircraft Maintenance 62,000 62,000 + Hangar. + Hawaii +Army Fort Shafter Command and Control 60,000 60,000 + Facility, Incr 5. + Honduras +Army Soto Cano AB Aircraft Maintenance 34,000 34,000 + Hangar. + Japan +Army Kadena Air Base Vehicle Maintenance Shop. 0 15,000 + Kentucky +Army Fort Campbell General Purpose 51,000 51,000 + Maintenance Shop. +Army Fort Campbell Automated Infantry 7,100 7,100 + Platoon Battle Course. +Army Fort Campbell Easements................ 3,200 3,200 + Massachusetts +Army Soldier Systems Center Human Engineering Lab.... 50,000 50,000 + Natick + Michigan +Army Detroit Arsenal Substation............... 24,000 24,000 + New York +Army Fort Drum Railhead................. 0 21,000 +Army Fort Drum Unmanned Aerial Vehicle 23,000 23,000 + Hangar. + North Carolina +Army Fort Bragg Dining Facility.......... 12,500 12,500 + Oklahoma +Army Fort Sill Adv Individual Training 73,000 73,000 + Barracks Cplx, Ph2. + Pennsylvania +Army Carlisle Barracks General Instruction 98,000 98,000 + Building. + South Carolina +Army Fort Jackson Reception Complex, Ph2... 54,000 54,000 + Texas +Army Corpus Christi Army Powertrain Facility 86,000 86,000 + Depot (Machine Shop). +Army Fort Hood Vehicle Bridge........... 0 18,500 +Army Fort Hood Barracks................. 32,000 32,000 + Virginia +Army Fort Belvoir Secure Operations and 60,000 60,000 + Admin Facility. +Army Joint Base Langley- Adv Individual Training 55,000 55,000 + Eustis Barracks Cplx, Ph4. + Washington +Army Joint Base Lewis- Information Systems 46,000 46,000 + McChord Facility. + Worldwide Unspecified +Army Unspecified Worldwide Unspecified Minor 70,600 70,600 + Locations Construction. +Army Unspecified Worldwide Host Nation Support...... 31,000 31,000 + Locations +Army Unspecified Worldwide Planning and Design...... 94,099 94,099 + Locations +Army Unspecified Worldwide Unspecified Worldwide 211,000 0 + Locations Construction. + ........................ + SUBTOTAL ARMY 1,453,499 1,256,999 + ...................... +NAVY + Arizona +Navy MCAS Yuma Bachelor Enlisted 0 99,600 + Quarters--2+2 + Replacement. +Navy Yuma Hangar 95 Renovation & 90,160 90,160 + Addition. + Australia +Navy Darwin Aircraft Parking Apron... 0 50,000 + Bahrain Island +Navy SW Asia Electrical System Upgrade 53,360 53,360 + California +Navy Camp Pendleton I MEF Consolidated 113,869 23,000 + Information Center. +Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700 + Consolidated Warehouse. +Navy China Lake Runway & Taxiway 64,500 64,500 + Extension. +Navy Coronado Aircraft Paint Complex... 0 79,000 +Navy Coronado Aircraft Paint Complex... 79,100 79,100 +Navy Coronado Navy V-22 Hangar......... 86,830 86,830 +Navy MCAS Miramar Child Development Center. 0 37,400 +Navy MCRD San Diego PMO Facility Replacement. 0 9,900 +Navy San Diego Pier 8 Replacement (Inc). 59,353 59,353 +Navy Seal Beach Missile Magazines........ 0 28,000 +Navy Seal Beach Ammunition Pier.......... 95,310 95,310 +Navy Travis AFB Alert Force Complex...... 64,000 64,000 + Connecticut +Navy New London SSN Berthing Pier 32..... 72,260 72,260 + District of Columbia +Navy Naval Observatory Master Time Clocks & 75,600 75,600 + Operations Fac (Inc). + Florida +Navy Jacksonville Targeting & Surveillance 32,420 32,420 + Syst Prod Supp Fac. +Navy MCSF Blount Island Police Station and EOC 0 18,700 + Facility Replacement. + Guam +Navy Joint Region Marianas Machine Gun Range (Inc).. 91,287 91,287 +Navy Joint Region Marianas Bachelor Enlisted 164,100 20,000 + Quarters H. +Navy Joint Region Marianas EOD Compound Facilities.. 61,900 61,900 + Hawaii +Navy Kaneohe Bay Bachelor Enlisted 134,050 39,000 + Quarters. +Navy West Loch Magazine Consolidation, 53,790 53,790 + Phase 1. + Italy +Navy Sigonella Communications Station... 77,400 77,400 + Japan +Navy Iwakuni VTOL Pad--South.......... 15,870 15,870 +Navy Yokosuka Pier 5 (Berths 2 and 3).. 174,692 110,000 + North Carolina +Navy Camp Lejeune 2nd Radio BN Complex, 25,650 25,650 + Phase 2 (Inc). +Navy Camp Lejeune ACV-AAV Maintenance 11,570 11,570 + Facility Upgrades. +Navy Camp Lejeune 10th Marines Himars 35,110 35,110 + Complex. +Navy Camp Lejeune II MEF Operations Center 122,200 122,200 + Replacement. +Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130 + Center Replacement. +Navy MCAS Cherry Point Slocum Road Physical 0 52,300 + Security Compliance. +Navy MCAS Cherry Point Aircraft Maintenance 73,970 73,970 + Hangar (Inc). +Navy MCAS Cherry Point F-35 Training and 53,230 53,230 + Simulator Facility. +Navy MCAS Cherry Point ATC Tower & Airfield 61,340 61,340 + Operations. +Navy MCAS Cherry Point Flightline Utility 51,860 51,860 + Modernization (Inc). +Navy New River CH-53K Cargo Loading 11,320 11,320 + Trainer. + South Carolina +Navy MCRD Parris Island Range Safety Improvements 0 37,200 + and Modernization Phase + III, Chosin Range. + Utah +Navy Hill AFB D5 Missile Motor Receipt/ 50,520 50,520 + Storage Fac (Inc). + Virginia +Navy Portsmouth Dry Dock Flood Protection 48,930 48,930 + Improvements. +Navy Quantico Wargaming Center......... 143,350 10,000 +Navy Yorktown Nmc Ordnance Facilities 0 59,000 + Recapitalization, Phase + 1. + Washington +Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010 + Modernization. +Navy Keyport Undersea Vehicle 25,050 25,050 + Maintenance Facility. +Navy Kitsap Seawolf Service Pier Cost- 0 48,000 + to-Complete. + Worldwide Unspecified +Navy Unspecified Family Housing Mitigation 0 59,600 + and Oversight. +Navy Unspecified Planning and Design...... 0 20,400 +Navy Unspecified Planning and Design...... 0 8,000 +Navy Unspecified Worldwide Unspecified Minor 81,237 81,237 + Locations Construction. +Navy Unspecified Worldwide Planning and Design...... 167,715 167,715 + Locations + ........................ + SUBTOTAL NAVY 2,805,743 2,884,782 + ...................... +AIR FORCE + Alaska +Air Force Eielson AFB F-35 AME Storage Facility 8,600 8,600 + Arkansas +Air Force Little Rock AFB C-130H/J Fuselage Trainer 47,000 47,000 + Facility. + Australia +Air Force Tindal APR-RAAF Tindal/Bulk 59,000 59,000 + Storage Tanks. +Air Force Tindal APR--RAAF Tindal/Earth 11,600 11,600 + Covered Magazine. + California +Air Force Travis AFB MMHS Allied Support...... 0 17,000 +Air Force Travis AFB KC-46A Alter B181/B185/ 6,600 6,600 + B187 Squad Ops/AMU. +Air Force Travis AFB KC-46A Regional 19,500 19,500 + Maintenance Training + Facility. + Colorado +Air Force Peterson AFB SOCNORTH Theater 0 54,000 + Operational Support + Facility. +Air Force Schriever AFB Consolidated Space 148,000 23,000 + Operations Facility. + Cyprus +Air Force RAF Akrotiri New Dormitory for 1 ERS.. 27,000 27,000 + Guam +Air Force Joint Region Marianas Munitions Storage Igloos 65,000 65,000 + III. + Illinois +Air Force Scott AFB Joint Operations & 100,000 90,000 + Mission Planning Center. + Japan +Air Force Kadena Air Base Munitions Storage........ 0 7,000 +Air Force Misawa Air Base Fuel Infrastructure 0 5,300 + Resiliency. +Air Force Yokota AB Fuel Receipt & 12,400 12,400 + Distribution Upgrade. + Jordan +Air Force Azraq Air Traffic Control Tower 24,000 24,000 +Air Force Azraq Munitions Storage Area... 42,000 42,000 + Mariana Islands +Air Force Tinian Fuel Tanks W/ Pipeline/ 109,000 10,000 + Hydrant System. +Air Force Tinian Airfield Development 109,000 10,000 + Phase 1. +Air Force Tinian Parking Apron............ 98,000 98,000 + Maryland +Air Force Joint Base Andrews Presidential Aircraft 86,000 86,000 + Recap Complex Inc 3. + Massachusetts +Air Force Hanscom AFB MIT-Lincoln Lab (West Lab 135,000 65,000 + CSL/MIF) Inc 2. + Missouri +Air Force Whiteman AFB Consolidated Vehicle Ops 0 27,000 + and MX Facility. + Montana +Air Force Malmstrom AFB Weapons Storage and 235,000 16,000 + Maintenance Facility. + Nevada +Air Force Nellis AFB 365th ISR Group Facility. 57,000 57,000 +Air Force Nellis AFB F-35A Munitions Assembly 8,200 8,200 + Conveyor Facility. + New Mexico +Air Force Holloman AFB NC3 Support Wrm Storage/ 0 20,000 + Shipping Facility. +Air Force Kirtland AFB Combat Rescue Helicopter 15,500 15,500 + Simulator (CRH) ADAL. +Air Force Kirtland AFB UH-1 Replacement Facility 22,400 22,400 + North Dakota +Air Force Minot AFB Helo/TRFOps/AMUFacility.. 5,500 5,500 + Ohio +Air Force Wright-Patterson AFB ADAL Intelligence Prod. 120,900 74,000 + Complex (NASIC) Inc 2. + Texas +Air Force Joint Base San Antonio BMT Recruit Dormitory 8.. 110,000 17,000 +Air Force Joint Base San Antonio Aquatics Tank............ 69,000 69,000 +Air Force Joint Base San Antonio T-XA DAL Ground Based 9,300 9,300 + Trng Sys (GBTS) Sim. +Air Force Joint Base San Antonio T-XMX Trng Sys 19,000 19,000 + Centrailized Trng Fac. + United Kingdom +Air Force Royal Air Force F-35A PGM Facility....... 14,300 14,300 + Lakenheath + Utah +Air Force Hill AFB GBSD Mission Integration 108,000 18,000 + Facility. +Air Force Hill AFB Joint Advanced Tactical 6,500 6,500 + Missile Storage Fac. + Washington +Air Force Fairchild AFB Consolidated TFI Base 31,000 31,000 + Operations. + Worldwide Unspecified +Air Force Unspecified Conus Military Family Housing 0 31,200 + Civilian Personnel. +Air Force Unspecified Worldwide Cost to Complete......... 0 190,000 +Air Force Unspecified Worldwide Planning and Design...... 0 40,000 +Air Force Various Worldwide Planning and Design...... 142,148 142,148 + Locations +Air Force Various Worldwide Unspecified Minor 79,682 79,682 + Locations Construction. + Wyoming +Air Force F. E. Warren AFB Consolidated Helo/TRF Ops/ 18,100 18,100 + AMU and Alert Fac. + ........................ + SUBTOTAL AIR FORCE 2,179,230 1,718,830 + ...................... +DEFENSE-WIDE + California +Defense-Wide Beale AFB Hydrant Fuel System 33,700 33,700 + Replacement. +Defense-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700 + Clinic Replacement. +Defense-Wide Mountain View--63 RSC Install Microgrid 0 9,700 + Controller, 750 Kw PV, + and 750 Kwh Battery + Storage. +Defense-Wide NAWS China Lake Energy Storage System.... 0 8,950 +Defense-Wide NSA Monterey Cogeneration Plant at 0 10,540 + B236. + Conus Classified +Defense-Wide Classified Location Battalion Complex, Ph 3.. 82,200 82,200 + Florida +Defense-Wide Eglin AFB SOF Combined Squadron Ops 16,500 16,500 + Facility. +Defense-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950 + Facility. +Defense-Wide Hurlburt Field SOF AMU & Weapons Hangar. 72,923 72,923 +Defense-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513 + Operations Facility. +Defense-Wide Key West SOF Watercraft 16,000 16,000 + Maintenance Facility. + Germany +Defense-Wide Geilenkirchen AB Ambulatory Care Center/ 30,479 30,479 + Dental Clinic. +Defense-Wide Ramstein Landstuhl Elementary 0 66,800 + School. + Guam +Defense-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200 + Facility. +Defense-Wide NB Guam NSA Andersen Smart Grid 0 16,970 + and ICS Infrastructure. + Hawaii +Defense-Wide Joint Base Pearl Install 500kw Covered 0 4,000 + Harbor-hickam (JBPHH) Parking PV System & + Electric Vehicle + Charging Stations B479. +Defense-Wide Joint Base Pearl SOF Undersea Operational 67,700 67,700 + Harbor-Hickam Training Facility. + Japan +Defense-Wide Yokosuka Kinnick High School Inc 2 130,386 10,000 +Defense-Wide Yokota AB Pacific East District 20,106 20,106 + Superintendent's Office. +Defense-Wide Yokota AB Bulk Storage Tanks PH1... 116,305 21,000 + Louisiana +Defense-Wide JRB NAS New Orleans Distribution Switchgear.. 0 5,340 + Maryland +Defense-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 96,900 + Hospital Incr 3. +Defense-Wide Fort Detrick Medical Research 27,846 27,846 + Acquisition Building. +Defense-Wide Fort Meade NSAW Recapitalize 426,000 426,000 + Building #3 Inc 2. +Defense-Wide NSA Bethesda Chiller 3-9 Replacement.. 0 13,840 +Defense-Wide South Potomac IH Water Project--CBIRF/ 0 18,460 + IHEODTD/Housing. + Mississippi +Defense-Wide Columbus AFB Fuel Facilities 16,800 16,800 + Replacement. + Missouri +Defense-Wide Fort Leonard Wood Hospital Replacement Incr 50,000 50,000 + 2. +Defense-Wide St Louis Next NGA West (N2W) 218,800 153,000 + Complex Phase 2 Inc. 2. + New Mexico +Defense-Wide White Sands Missile Install Microgrid, 700kw 0 5,800 + Range PV, 150 Kw Generator, + and Batteries. + North Carolina +Defense-Wide Camp Lejeune SOF Marine Raider 13,400 13,400 + Regiment HQ. +Defense-Wide Fort Bragg SOF Human Platform-Force 43,000 43,000 + Generation Facility. +Defense-Wide Fort Bragg SOF Assessment and 12,103 12,103 + Selection Training + Complex. +Defense-Wide Fort Bragg SOF Operations Support 29,000 29,000 + Bldg. + Oklahoma +Defense-Wide Tulsa IAP Fuels Storage Complex.... 18,900 18,900 + Rhode Island +Defense-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600 + Replacement. + South Carolina +Defense-Wide Joint Base Charleston Medical Consolidated 33,300 33,300 + Storage & Distrib Center. + South Dakota +Defense-Wide Ellsworth AFB Hydrant Fuel System 24,800 24,800 + Replacement. + Texas +Defense-Wide Camp Swift Install Microgrid, 650 Kw 0 4,500 + PV, & 500 Kw Generator. +Defense-Wide Fort Hood Install a Central Energy 0 16,500 + Plant. + Virginia +Defense-Wide Dam Neck SOF Demolition Training 12,770 12,770 + Compound Expansion. +Defense-Wide Def Distribution Depot Operations Center Phase 2 98,800 98,800 + Richmond +Defense-Wide Joint Expeditionary SOF NSWG-10 Operations 32,600 32,600 + Base Little Creek-- Support Facility. + Story +Defense-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004 + Base Little Creek-- Training Facility. + Story +Defense-Wide NRO Headquarters Irrigation System Upgrade 0 66 +Defense-Wide Pentagon Backup Generator......... 8,670 8,670 +Defense-Wide Pentagon Control Tower & Fire Day 20,132 20,132 + Station. + Washington +Defense-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700 + McChord Facility. +Defense-Wide Naval Base Kitsap Keyport Main Substation 0 23,670 + Replacement. + Wisconsin +Defense-Wide Gen Mitchell IAP POL Facilities 25,900 25,900 + Replacement. + Worldwide Classified +Defense-Wide Classified Location Mission Support Compound. 52,000 52,000 + Worldwide Unspecified +Defense-Wide Unspecified Worldwide Defense Community 0 100,000 + Infrastructure Program. +Defense-Wide Unspecified Worldwide Unspecified Minor 4,950 4,950 + Locations Construction. +Defense-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000 + Locations Construction. +Defense-Wide Unspecified Worldwide Planning and Design...... 29,679 29,679 + Locations +Defense-Wide Unspecified Worldwide Unspecified Minor 10,000 10,000 + Locations Construction. +Defense-Wide Unspecified Worldwide Planning and Design...... 35,472 35,472 + Locations +Defense-Wide Unspecified Worldwide Unspecified Minor 31,464 31,464 + Locations Construction. +Defense-Wide Unspecified Worldwide Energy Resilience and 150,000 150,000 + Locations Conserv. Invest. Prog.. +Defense-Wide Unspecified Worldwide Contingency Construction. 10,000 10,000 + Locations +Defense-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000 + Locations Construction. +Defense-Wide Unspecified Worldwide Planning and Design...... 14,400 14,400 + Locations +Defense-Wide Unspecified Worldwide ERCIP Design............. 10,000 10,000 + Locations +Defense-Wide Unspecified Worldwide Unspecified Minor 3,228 3,228 + Locations Construction. +Defense-Wide Unspecified Worldwide Planning and Design...... 15,000 15,000 + Locations +Defense-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770 + Locations Construction. +Defense-Wide Unspecified Worldwide Planning and Design...... 4,890 4,890 + Locations +Defense-Wide Various Worldwide Planning and Design...... 52,532 52,532 + Locations +Defense-Wide Various Worldwide Planning and Design...... 27,000 27,000 + Locations +Defense-Wide Various Worldwide Unspecified Minor 16,736 16,736 + Locations Construction. +Defense-Wide Various Worldwide Unspecified Minor 10,000 10,000 + Locations Construction. +Defense-Wide Various Worldwide Planning and Design...... 63,382 63,382 + Locations + ........................ + SUBTOTAL DEFENSE-WIDE 2,504,190 2,527,835 + ...................... +ARMY NATIONAL GUARD + Alabama +Army National Guard Anniston Enlisted Transient 0 34,000 + Training Barracks. +Army National Guard Foley National Guard Readiness 12,000 12,000 + Center. + California +Army National Guard Camp Roberts Automated Multipurpose 12,000 12,000 + Machine Gun Range. + Idaho +Army National Guard Orchard Training Area Railroad Tracks.......... 29,000 29,000 + Maryland +Army National Guard Havre de Grace Combined Support 12,000 12,000 + Maintenance Shop. + Massachusetts +Army National Guard Camp Edwards Automated Multipurpose 9,700 9,700 + Machine Gun Range. + Minnesota +Army National Guard New Ulm National Guard Vehicle 11,200 11,200 + Maintenance Shop. + Mississippi +Army National Guard Camp Shelby Automated Multipurpose 8,100 8,100 + Machine Gun Range. + Missouri +Army National Guard Springfield National Guard Readiness 12,000 12,000 + Center. + Nebraska +Army National Guard Bellevue National Guard Readiness 29,000 29,000 + Center. + New Hampshire +Army National Guard Concord National Guard Readiness 5,950 5,950 + Center. + New York +Army National Guard Jamaica Armory National Guard Readiness 0 20,000 + Center. + Pennsylvania +Army National Guard Moon Township Combined Support 23,000 23,000 + Maintenance Shop. + Vermont +Army National Guard Camp Ethan Allen General Instruction 0 30,000 + Building (Mountain + Warfare School). + Washington +Army National Guard Richland National Guard Readiness 11,400 11,400 + Center. + Worldwide Unspecified +Army National Guard Unspecified Worldwide Unspecified Minor 15,000 15,000 + Locations Construction. +Army National Guard Unspecified Worldwide Planning and Design...... 20,469 20,469 + Locations + ........................ + SUBTOTAL ARMY NATIONAL GUARD 210,819 294,819 + ...................... +AIR NATIONAL GUARD + California +Air National Guard Moffett Air National Fuels/Corrosion Control 0 57,000 + Guard Base (NASA) Hangar and Shops. + Georgia +Air National Guard Savannah/Hilton Head Consolidated Joint Air 24,000 24,000 + IAP Dominance Hangar/Shops. + Missouri +Air National Guard Rosecrans Memorial C-130 Flight Simulator 9,500 9,500 + Airport Facility. + Puerto Rico +Air National Guard Luis Munoz-Marin IAP Communications Facility.. 12,500 12,500 +Air National Guard Luis Munoz-Marin IAP Maintenance Hangar....... 37,500 37,500 + Wisconsin +Air National Guard Truax Field F-35 Simulator Facility.. 14,000 14,000 +Air National Guard Truax Field Fighter Alert Shelters... 20,000 20,000 + Worldwide Unspecified +Air National Guard Unspecified Worldwide Unspecified Minor 31,471 31,471 + Locations Construction. +Air National Guard Various Worldwide Planning and Design...... 17,000 17,000 + Locations + ........................ + SUBTOTAL AIR NATIONAL GUARD 165,971 222,971 + ...................... +ARMY RESERVE + Delaware +Army Reserve Dover AFB Army Reserve Center/BMA.. 21,000 21,000 + Wisconsin +Army Reserve Fort McCoy Transient Training 25,000 25,000 + Barracks. + Worldwide Unspecified +Army Reserve Unspecified Worldwide Unspecified Minor 8,928 8,928 + Locations Construction. +Army Reserve Unspecified Worldwide Planning and Design...... 6,000 6,000 + Locations + ........................ + SUBTOTAL ARMY RESERVE 60,928 60,928 + ...................... +NAVY RESERVE + Louisiana +Navy Reserve New Orleans Entry Control Facility 25,260 25,260 + Upgrades. + Worldwide Unspecified +Navy Reserve Unspecified Worldwide Unspecified Minor 24,915 24,915 + Locations Construction. +Navy Reserve Unspecified Worldwide Planning and Design...... 4,780 4,780 + Locations + ........................ + SUBTOTAL NAVY RESERVE 54,955 54,955 + ...................... +AIR FORCE RESERVE + Georgia +Air Force Reserve Robins AFB Consolidated Misssion 43,000 43,000 + Complex Phase 3. + Minnesota +Air Force Reserve Minneapolis-St Paul Aerial Port Facility..... 0 9,800 + IAP + Worldwide Unspecified +Air Force Reserve Unspecified Worldwide Planning and Design...... 4,604 4,604 + Locations +Air Force Reserve Unspecified Worldwide Unspecified Minor 12,146 12,146 + Locations Construction. + ........................ + SUBTOTAL AIR FORCE RESERVE 59,750 69,550 + ...................... +NATO SECURITY INVESTMENT PROGRAM + Worldwide Unspecified +NATO Security Investment NATO Security NATO Security Investment 144,040 144,040 + Program Investment Program Program. + ........................ + SUBTOTAL NATO SECURITY INVESTMENT PROGRAM 144,040 144,040 + ...................... + TOTAL MILITARY CONSTRUCTION 9,639,125 9,235,709 + ...................... +FAMILY HOUSING +CONSTRUCTION, ARMY + Germany +Construction, Army Baumholder Family Housing 29,983 29,983 + Improvements. + Korea +Construction, Army Camp Humphreys Family Housing New 83,167 83,167 + Construction Incr 4. + Pennsylvania +Construction, Army Tobyhanna Army Depot Family Housing 19,000 19,000 + Replacement Construction. + Worldwide Unspecified +Construction, Army Unspecified Worldwide Family Housing P & D..... 9,222 9,222 + Locations + ........................ + SUBTOTAL CONSTRUCTION, ARMY 141,372 141,372 + ...................... +O&M, ARMY + Worldwide Unspecified +O&M, Army Unspecified Worldwide Management............... 38,898 38,898 + Locations +O&M, Army Unspecified Worldwide Services................. 10,156 10,156 + Locations +O&M, Army Unspecified Worldwide Furnishings.............. 24,027 24,027 + Locations +O&M, Army Unspecified Worldwide Miscellaneous............ 484 484 + Locations +O&M, Army Unspecified Worldwide Maintenance.............. 81,065 81,065 + Locations +O&M, Army Unspecified Worldwide Utilities................ 55,712 55,712 + Locations +O&M, Army Unspecified Worldwide Leasing.................. 128,938 128,938 + Locations +O&M, Army Unspecified Worldwide Housing Privitization 18,627 83,627 + Locations Support. + ........................ + SUBTOTAL O&M, ARMY 357,907 422,907 + ...................... +CONSTRUCTION, NAVY AND MARINE CORPS + Worldwide Unspecified +Construction, Navy and Unspecified Worldwide USMC DPRI/GUAM PLANNING 2,000 2,000 + Marine Corps Locations AND DESIGN. +Construction, Navy and Unspecified Worldwide Construction Improvements 41,798 41,798 + Marine Corps Locations +Construction, Navy and Unspecified Worldwide Planning & Design........ 3,863 3,863 + Marine Corps Locations + ........................ + SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS 47,661 47,661 + ...................... +O&M, NAVY AND MARINE CORPS + Worldwide Unspecified +O&M, Navy and Marine Corps Unspecified Worldwide Utilities................ 63,229 63,229 + Locations +O&M, Navy and Marine Corps Unspecified Worldwide Furnishings.............. 19,009 19,009 + Locations +O&M, Navy and Marine Corps Unspecified Worldwide Management............... 50,122 50,122 + Locations +O&M, Navy and Marine Corps Unspecified Worldwide Miscellaneous............ 151 151 + Locations +O&M, Navy and Marine Corps Unspecified Worldwide Services................. 16,647 16,647 + Locations +O&M, Navy and Marine Corps Unspecified Worldwide Leasing.................. 64,126 64,126 + Locations +O&M, Navy and Marine Corps Unspecified Worldwide Maintenance.............. 82,611 82,611 + Locations +O&M, Navy and Marine Corps Unspecified Worldwide Housing Privatization 21,975 102,975 + Locations Support. + ........................ + SUBTOTAL O&M, NAVY AND MARINE CORPS 317,870 398,870 + ...................... +CONSTRUCTION, AIR FORCE + Germany +Construction, Air Force Spangdahlem AB Construct Deficit 53,584 53,584 + Military Family Housing. + Worldwide Unspecified +Construction, Air Force Unspecified Worldwide Construction Improvements 46,638 46,638 + Locations +Construction, Air Force Unspecified Worldwide Planning & Design........ 3,409 3,409 + Locations + ........................ + SUBTOTAL CONSTRUCTION, AIR FORCE 103,631 103,631 + ...................... +O&M, AIR FORCE + Worldwide Unspecified +O&M, Air Force Unspecified Worldwide Housing Privatization.... 22,593 87,593 + Locations +O&M, Air Force Unspecified Worldwide Utilities................ 42,732 42,732 + Locations +O&M, Air Force Unspecified Worldwide Management............... 56,022 56,022 + Locations +O&M, Air Force Unspecified Worldwide Services................. 7,770 7,770 + Locations +O&M, Air Force Unspecified Worldwide Furnishings.............. 30,283 30,283 + Locations +O&M, Air Force Unspecified Worldwide Miscellaneous............ 2,144 2,144 + Locations +O&M, Air Force Unspecified Worldwide Leasing.................. 15,768 15,768 + Locations +O&M, Air Force Unspecified Worldwide Maintenance.............. 117,704 117,704 + Locations + ........................ + SUBTOTAL O&M, AIR FORCE 295,016 360,016 + ...................... +O&M, DEFENSE-WIDE + Worldwide Unspecified +O&M, Defense-Wide Unspecified Worldwide Utilities................ 4,100 4,100 + Locations +O&M, Defense-Wide Unspecified Worldwide Furnishings.............. 82 82 + Locations +O&M, Defense-Wide Unspecified Worldwide Utilities................ 13 13 + Locations +O&M, Defense-Wide Unspecified Worldwide Leasing.................. 12,906 12,906 + Locations +O&M, Defense-Wide Unspecified Worldwide Maintenance.............. 32 32 + Locations +O&M, Defense-Wide Unspecified Worldwide Furnishings.............. 645 645 + Locations +O&M, Defense-Wide Unspecified Worldwide Leasing.................. 39,222 39,222 + Locations + ........................ + SUBTOTAL O&M, DEFENSE-WIDE 57,000 57,000 + ...................... +IMPROVEMENT FUND + Worldwide Unspecified +Improvement Fund Unspecified Worldwide Administrative Expenses-- 3,045 3,045 + Locations FHIF. + ........................ + SUBTOTAL IMPROVEMENT FUND 3,045 3,045 + ...................... +UNACCMP HSG IMPROVEMENT FUND + Worldwide Unspecified +Unaccmp HSG Improvement Unspecified Worldwide Administrative Expenses-- 500 500 + Fund Locations UHIF. + ........................ + SUBTOTAL UNACCMP HSG IMPROVEMENT FUND 500 500 + ...................... + TOTAL FAMILY HOUSING 1,324,002 1,535,002 + ...................... +DEFENSE BASE REALIGNMENT AND CLOSURE +ARMY BRAC + Worldwide Unspecified +Army BRAC Base Realignment & Base Realignment and 66,111 66,111 + Closure, Army Closure. + ........................ + SUBTOTAL ARMY BRAC 66,111 66,111 + ...................... +NAVY BRAC + Worldwide Unspecified +Navy BRAC Unspecified Worldwide Base Realignment & 158,349 158,349 + Locations Closure. + ........................ + SUBTOTAL NAVY BRAC 158,349 158,349 + ...................... +AIR FORCE BRAC + Worldwide Unspecified +Air Force BRAC Unspecified Worldwide DoD BRAC Activities--Air 54,066 54,066 + Locations Force. + ........................ + SUBTOTAL AIR FORCE BRAC 54,066 54,066 + ...................... + TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 278,526 278,526 + ...................... + TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 11,241,653 11,049,237 +---------------------------------------------------------------------------------------------------------------- + +SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS. + +---------------------------------------------------------------------------------------------------------------- + SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + State or Country and FY 2020 Senate + Account Installation Project Title Request Authorized +---------------------------------------------------------------------------------------------------------------- +MILITARY CONSTRUCTION +ARMY + Guantanamo Bay, Cuba +Army Guantanamo Bay Naval OCO: Communications 22,000 22,000 + Station Facility. +Army Guantanamo Bay Naval OCO: High Value Detention 88,500 0 + Station Facility. +Army Guantanamo Bay Naval OCO: Detention Legal 11,800 11,800 + Station Office and Comms Ctr. + Worldwide Unspecified +Army Unspecified Worldwide EDI: Bulk Fuel Storage.... 36,000 36,000 + Locations +Army Unspecified Worldwide EDI: Information Systems 6,200 6,200 + Locations Facility. +Army Unspecified Worldwide EDI/OCO Planning and 19,498 19,498 + Locations Design. +Army Unspecified Worldwide EDI: Minor Construction... 5,220 5,220 + Locations +Army Unspecified Worldwide Unspecified Worldwide 9,200,000 0 + Locations Construction. + ......................... + SUBTOTAL ARMY 9,389,218 100,718 + ....................... +NAVY + North Carolina +Navy Camp Lejeune 1/8 BN HQ Replacement..... 0 20,635 +Navy Camp Lejeune 22nd, 24th and 26th MEU 0 31,110 + Headquarters Replacement. +Navy Camp Lejeune 2D Tank BN/CO HQ and 0 30,154 + Armory Replacement. +Navy Camp Lejeune 2D TSB HQ Replacement..... 0 17,413 +Navy Camp Lejeune Bachelor Enlisted Quarters 0 62,104 + Replacement. +Navy Camp Lejeune C-12W Aircraft Maintenance 0 36,295 + Hangar Replacement. +Navy Camp Lejeune CLB Headquarters 0 24,788 + Facilities Replacement. +Navy Camp Lejeune Courthouse Bay Fire 0 21,336 + Station Replacement. +Navy Camp Lejeune Environmental Management 0 11,658 + Division Replacement. +Navy Camp Lejeune Fire Station Replacement, 0 21,931 + Hadnot Point. +Navy Camp Lejeune Hadnot Point Mess Hall 0 66,023 + Replacement. +Navy Camp Lejeune II MEF Simulation/Training 0 74,487 + Center Replacement. +Navy Camp Lejeune LOGCOM CSP Warehouse 0 35,874 + Replacement. +Navy Camp Lejeune LSSS Facility Replacement. 0 26,815 +Navy Camp Lejeune MCAB HQ Replacement....... 0 30,109 +Navy Camp Lejeune MCCSSS Log Ops School..... 0 179,617 +Navy Camp Lejeune PMO/H&HS & MWHS-2 0 65,845 + Headquarters Replacement. +Navy Camp Lejeune Replace NCIS Facilities... 0 22,594 +Navy Camp Lejeune Replace Regimental 0 64,155 + Headquarters 2DMARDIV. +Navy Camp Lejeune Replace WTBN Headquarters. 0 18,644 +Navy MCAS Cherry Point BT-11 Range Operations 0 14,251 + Center Replacement. +Navy MCAS Cherry Point Motor Transportation/ 0 32,785 + Communication Shop + Replacement. +Navy MCAS Cherry Point Station Academic Facility/ 0 17,525 + Auditorium Replacement. + Spain +Navy Rota EDI: Joint Mobility Center 46,840 46,840 +Navy Rota EDI: In-Transit Munitions 9,960 9,960 + Facility. +Navy Rota EDI: Small Craft Berthing 12,770 12,770 + Facility. + Worldwide Unspecified +Navy Unspecified Planning & Design......... 0 50,000 +Navy Unspecified Worldwide Planning and Design....... 25,000 25,000 + Locations + ......................... + SUBTOTAL NAVY 94,570 1,070,718 + ....................... +AIR FORCE + Florida +Air Force Tyndall AFB 53 WEG Hangar............. 0 96,000 +Air Force Tyndall AFB 53 WEG HQ Facility........ 0 47,000 +Air Force Tyndall AFB 53 WEG Subscale Drone 0 53,000 + Facility. +Air Force Tyndall AFB ABM SIM................... 0 12,900 +Air Force Tyndall AFB Aerospace & Operational 0 10,400 + Physiology Facility. +Air Force Tyndall AFB AFCEC RDT&E Facilities and 0 195,000 + Gate. +Air Force Tyndall AFB Aircraft Washrack......... 0 10,600 +Air Force Tyndall AFB Civil Engineer Contracting 0 130,000 + USACE Complex. +Air Force Tyndall AFB Crash Fire Rescue......... 0 17,200 +Air Force Tyndall AFB Deployment Center / Flight 0 31,000 + Line Dining / AAFES. +Air Force Tyndall AFB Emergency Management, EOC, 0 14,400 + Alt CP. +Air Force Tyndall AFB Fire Station #2........... 0 11,000 +Air Force Tyndall AFB Fire Station Silver Flag 0 5,900 + #4. +Air Force Tyndall AFB FW AC Maintenance Fuel 0 28,000 + Cell (Barn). +Air Force Tyndall AFB Logistics Readiness 0 102,000 + Squadron Complex. +Air Force Tyndall AFB LRS Aircraft Parts & 0 29,000 + Deployable Spares Storage + Facilities. +Air Force Tyndall AFB New Lodge Facilities...... 0 176,000 +Air Force Tyndall AFB Operations Group/ 0 18,500 + Maintenance Group HQ. +Air Force Tyndall AFB OSS / RAPCON Facility..... 0 51,000 +Air Force Tyndall AFB Relocate F-22 Formal 0 150,000 + Training Unit. +Air Force Tyndall AFB SFS Mobility Storage 0 2,800 + Facility. +Air Force Tyndall AFB Silver Flag Facilities.... 0 35,000 +Air Force Tyndall AFB Special Purpose Vehicle 0 14,000 + Maintenance. +Air Force Tyndall AFB Tyndall AFB Gate Complexes 0 38,000 + Iceland +Air Force Keflavik EDI-Expand Parking Apron.. 32,000 32,000 +Air Force Keflavik EDI-Beddown Site Prep..... 7,000 7,000 +Air Force Keflavik EDI-Airfield Upgrades-- 18,000 18,000 + Dangerous Cargo Pad. + Spain +Air Force Moron EDI-Hot Cargo Pad......... 8,500 8,500 + Worldwide Unspecified +Air Force Unspecified Planning & Design......... 0 247,000 +Air Force Unspecified Worldwide EDI-Hot Cargo Pad......... 29,000 29,000 + Locations +Air Force Unspecified Worldwide EDI-MUNITIONS STORAGE AREA 39,000 39,000 + Locations +Air Force Unspecified Worldwide EDI-ECAOS DABS/FEV EMEDS 107,000 107,000 + Locations Storage. +Air Force Various Worldwide EDI-P&D................... 61,438 61,438 + Locations +Air Force Various Worldwide EDI-UMMC.................. 12,800 12,800 + Locations + ......................... + SUBTOTAL AIR FORCE 314,738 1,840,438 + ....................... +DEFENSE-WIDE + Germany +Defense-Wide Gemersheim EDI: Logistics 46,000 46,000 + Distribution Center Annex. + North Carolina +Defense-Wide Camp Lejeune Ambulatory Care Center 0 17,821 + (Camp Geiger). +Defense-Wide Camp Lejeune Ambulatory Care Center 0 27,492 + (Camp Johnson). +Defense-Wide Camp Lejeune Replace MARSOC ITC Team 0 30,000 + Facility. + Worldwide Unspecified +Defense-Wide Unspecified Worldwide 2808 Replenishment Fund... 0 3,600,000 + Locations + ......................... + SUBTOTAL DEFENSE-WIDE 46,000 3,721,313 + ....................... +ARMY NATIONAL GUARD + Florida +Army National Guard Panama City National Guard Readiness 0 25,000 + Center. + North Carolina +Army National Guard MTA Fort Fisher Administrative Building, 0 25,000 + General Purpose. + ......................... + SUBTOTAL ARMY NATIONAL GUARD 50,000 + ....................... + TOTAL MILITARY CONSTRUCTION 9,844,526 6,783,187 + ....................... + TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 9,844,526 6,783,187 +---------------------------------------------------------------------------------------------------------------- + + TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + +SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. + +------------------------------------------------------------------------ +SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands + of Dollars) +------------------------------------------------------------------------- + FY 2020 Senate + Program Request Authorized +------------------------------------------------------------------------ +Discretionary Summary by Appropriation + Energy and Water Development and Related + Agencies + Appropriation Summary: + Energy Programs + Nuclear energy...................... 137,808 137,808 + + Atomic Energy Defense Activities + National nuclear security + administration: + Federal Salaries and Expenses..... 434,699 422,999 + Weapons activities................ 12,408,603 12,478,403 + Defense nuclear nonproliferation.. 1,993,302 1,964,202 + Naval reactors.................... 1,648,396 1,648,396 + Total, National nuclear security 16,485,000 16,514,000 + administration......................... + + Environmental and other defense + activities: + Defense environmental cleanup..... 5,506,501 5,506,501 + Other defense activities.......... 1,035,339 1,032,339 + Defense nuclear waste disposal 26,000 0 + (90M in 270 Energy).............. + Total, Environmental & other defense 6,567,840 6,538,840 + activities............................. + Total, Atomic Energy Defense Activities. 23,052,840 23,052,840 + Total, Discretionary Funding............ 23,190,648 23,190,648 + + + +Nuclear Energy + Idaho sitewide safeguards and security.. 137,808 137,808 + Total, Nuclear Energy................... 137,808 137,808 + + +Federal Salaries and Expenses + Program direction....................... 434,699 422,999 + Alignment with FTEs authorized........ [-11,700] + +Weapons Activities + Directed stockpile work + Life extension programs and major + alterations + B61 Life extension program.......... 792,611 792,611 + W76 Life extension program.......... 0 0 + W76-2 Modification program.......... 10,000 10,000 + W88 Alteration program.............. 304,186 304,186 + W80-4 Life extension program........ 898,551 898,551 + IW1................................. 0 0 + W87-1 Modification Program (formerly 112,011 112,011 + IW1)............................... + Total, Life extension programs and major 2,117,359 2,117,359 + alterations............................ + + Stockpile systems + B61 Stockpile systems............... 71,232 71,232 + W76 Stockpile systems............... 89,804 89,804 + W78 Stockpile systems............... 81,299 81,299 + W80 Stockpile systems............... 85,811 85,811 + B83 Stockpile systems............... 51,543 51,543 + W87 Stockpile systems............... 98,262 98,262 + W88 Stockpile systems............... 157,815 157,815 + Total, Stockpile systems................ 635,766 635,766 + + Weapons dismantlement and disposition + Operations and maintenance.......... 47,500 47,500 + + Stockpile services + Production support.................. 543,964 543,964 + Research and development support.... 39,339 40,339 + UFR list--technology maturation... [1,000] + R&D certification and safety........ 236,235 246,235 + UFR list--technology maturation... [10,000] + Management, technology, and 305,000 305,000 + production......................... + Total, Stockpile services............... 1,124,538 1,135,538 + + Strategic materials + Uranium sustainment................. 94,146 94,146 + Plutonium sustainment............... 0 0 + + Plutonium sustainment: + Plutonium sustainment............. 691,284 691,284 + Plutonium pit production project.. 21,156 21,156 + Total, Plutonium sustainment:........... 712,440 712,440 + + Tritium sustainment................. 269,000 269,000 + Domestic uranium enrichment......... 140,000 140,000 + Lithium sustainment................. 28,800 28,800 + Strategic materials sustainment..... 256,808 256,808 + Total, Strategic materials.............. 1,501,194 1,501,194 + Total, Directed stockpile work.......... 5,426,357 5,437,357 + + Research, development, test, and + evaluation (RDT&E) + Science + Advanced certification.............. 57,710 57,710 + Primary assessment technologies..... 95,169 95,169 + Dynamic materials properties........ 133,800 133,800 + Advanced radiography................ 32,544 32,544 + Secondary assessment technologies... 77,553 77,553 + Academic alliances and partnerships. 44,625 44,625 + Enhanced Capabilities for 145,160 145,160 + Subcritical Experiments............ + Total, Science.......................... 586,561 586,561 + + Engineering + Enhanced surety..................... 46,500 54,500 + UFR list--technology maturation... [8,000] + Weapon systems engineering 0 0 + assessment technology.............. + Delivery environments (formerly 35,945 35,945 + Weapon systems engineering + assessment technology)............. + Nuclear survivability............... 53,932 53,932 + Enhanced surveillance............... 57,747 57,747 + Stockpile Responsiveness............ 39,830 80,630 + Program expansion................. [40,800] + Total, Engineering...................... 233,954 282,754 + + + Inertial confinement fusion ignition + and high yield + Ignition and other stockpile 55,649 55,649 + programs........................... + Ignition............................ 0 0 + Support of other stockpile programs. 0 0 + Diagnostics, cryogenics and 66,128 66,128 + experimental support............... + Pulsed power inertial confinement 8,571 8,571 + fusion............................. + Joint program in high energy density 12,000 12,000 + laboratory plasmas................. + Facility operations and target 338,247 338,247 + production......................... + Total, Inertial confinement fusion and 480,595 480,595 + high yield............................. + + Advanced simulation and computing + Advanced simulation and computing... 789,849 789,849 + Construction: + 18-D-670, Exascale Class Computer 0 0 + Cooling Equipment, LANL.......... + 18-D-620, Exascale Computing 50,000 50,000 + Facility Modernization Project, + LLNL............................. + Total, Construction..................... 50,000 50,000 + Total, Advanced simulation and computing 839,849 839,849 + + Advanced manufacturing development + Additive manufacturing.............. 18,500 18,500 + Component manufacturing development. 48,410 58,410 + UFR list--technology maturation... [10,000] + Process technology development...... 69,998 69,998 + Total, Advanced manufacturing 136,908 146,908 + development............................ + + Total, RDT&E............................ 2,277,867 2,336,667 + + Infrastructure and operations + Operating + Operations of facilities + Operations of facilities.......... 905,000 905,000 + Safety and environmental operations. 119,000 119,000 + Maintenance and repair of facilities 456,000 456,000 + Recapitalization + Infrastructure and safety......... 447,657 447,657 + Capability based investments...... 135,341 135,341 + Total, Recapitalization................. 582,998 582,998 + Total, Operating....................... 2,062,998 2,062,998 + + Construction: + 19-D-670, 138kV Power Transmission 6,000 6,000 + System Replacement, NNSS........... + 18-D-660, Fire Station, Y-12........ 0 0 + 18-D-650, Tritium Production 27,000 27,000 + Capability, SRS.................... + 18-D-680, Materials staging 0 0 + facility, PX....................... + 18-D-690, Lithium production 0 0 + capability, Y-12................... + 18-D-690, Lithium processing 32,000 32,000 + facility, Y-12 (formerly Lithium + production capability)............. + 17-D-640, U1a Complex Enhancements 35,000 35,000 + Project, NNSS...................... + 17-D-630, Expand Electrical 0 0 + Distribution System, LLNL.......... + 16-D-515, Albuquerque complex 0 0 + project............................ + 15-D-613, Emergency Operations 0 0 + Center, Y-12....................... + 15-D-612, Emergency Operations 5,000 5,000 + Center, LLNL....................... + 15-D-611, Emergency Operations 4,000 4,000 + Center, SNL........................ + 15-D-301 HE Science & Engineering 123,000 123,000 + Facility, PX....................... + 07-D-220, Radioactive liquid waste 0 0 + treatment facility upgrade project, + LANL............................... + 07-D-220-04, Transuranic liquid 0 0 + waste facility, LANL............... + 06-D-141, Uranium processing 745,000 745,000 + facility Y-12, Oak Ridge, TN....... + + + Chemistry and metallurgy research + replacement (CMRR) + 04-D-125, Chemistry and metallurgy 168,444 168,444 + research replacement project, + LANL............................. + 04-D-125-04, RLUOB equipment 0 0 + installation..................... + 04-D-125-05, PF -4 equipment 0 0 + installation..................... + Total, Chemistry and metallurgy research 168,444 168,444 + replacement (CMRR)..................... + Total, Construction..................... 1,145,444 1,145,444 + Total, Infrastructure and operations.... 3,208,442 3,208,442 + + Secure transportation asset + Operations and equipment.............. 209,502 209,502 + Program direction..................... 107,660 107,660 + Total, Secure transportation asset...... 317,162 317,162 + + Defense nuclear security................ 0 + Operations and maintenance............ 778,213 778,213 + Security improvements program......... 0 0 + Construction:......................... 0 + 17-D-710, West end protected area 0 0 + reduction project, Y-12............ + Total, Defense nuclear security......... 778,213 778,213 + + Information technology and cybersecurity 309,362 309,362 + Legacy contractor pensions.............. 91,200 91,200 + Subtotal, Weapons activities............ 12,408,603 12,478,403 + + Adjustments + Use of prior year balances............ 0 0 + Total, Adjustments...................... 0 0 + Total, Weapons Activities............... 12,408,603 12,478,403 + + +Defense Nuclear Nonproliferation + Defense Nuclear Nonproliferation + Programs + Material management and minimization + HEU reactor conversion.............. 114,000 114,000 + Nuclear material removal............ 32,925 32,925 + Material disposition................ 186,608 186,608 + Laboratory and partnership support.. 0 0 + Total, Material management & 333,533 333,533 + minimization........................... + Global material security + International nuclear security...... 48,839 48,839 + Domestic radiological security...... 90,513 90,513 + International radiological security. 60,827 60,827 + Nuclear smuggling detection and 142,171 142,171 + deterrence......................... + Total, Global material security......... 342,350 342,350 + + Nonproliferation and arms control..... 137,267 137,267 + Defense nuclear nonproliferation R&D + Proliferation detection............. 304,040 284,540 + Nonproliferation Stewardship [-19,500] + program strategic plan........... + Nuclear detonation detection........ 191,317 191,317 + Nonproliferation fuels development.. 0 0 + Total, Defense Nuclear Nonproliferation 495,357 475,857 + R&D.................................... + + Nonproliferation construction + U. S. Construction: + 18-D-150 Surplus Plutonium 79,000 79,000 + Disposition Project.............. + 99-D-143, Mixed Oxide (MOX) Fuel 220,000 220,000 + Fabrication Facility, SRS........ + Total, U. S. Construction:.............. 299,000 299,000 + Total, Nonproliferation construction.... 299,000 299,000 + Total, Defense Nuclear Nonproliferation 1,607,507 1,588,007 + Programs............................... + + Legacy contractor pensions.............. 13,700 13,700 + + Nuclear counterterrorism and incident + response program + Nuclear counterterrorism and incident 0 0 + response............................. + Emergency Operations.................. 35,545 25,945 + Non-defense function realignment.... [-9,600] + Counterterrorism and 336,550 336,550 + Counterproliferation................. + Total, Nuclear counterterrorism and + incident response + program................................. 372,095 362,495 + Subtotal, Defense Nuclear 1,993,302 1,964,202 + Nonproliferation....................... + Adjustments + Use of prior year balances............ 0 0 + Total, Adjustments...................... 0 0 + Subtotal, Defense Nuclear 1,993,302 1,964,202 + Nonproliferation....................... + + Rescission + Rescission of prior year balances..... 0 0 + Rescission of prior year balances 0 0 + (Gen. Prov.)......................... + Total, Defense Nuclear Nonproliferation. 1,993,302 1,964,202 + + +Naval Reactors + Naval reactors development.............. 531,205 531,205 + Columbia-Class reactor systems 75,500 75,500 + development............................ + S8G Prototype refueling................. 155,000 155,000 + Naval reactors operations and 553,591 553,591 + infrastructure......................... + Program direction....................... 50,500 50,500 + Construction: + 20-D-931, KL Fuel development 23,700 23,700 + laboratory........................... + 19-D-930, KS Overhead Piping.......... 20,900 20,900 + 17-D-911, BL Fire System Upgrade...... 0 0 + 15-D-904, NRF Overpack Storage 0 0 + Expansion 3.......................... + 15-D-903, KL Fire System Upgrade...... 0 0 + 14-D-901, Spent fuel handling 238,000 238,000 + recapitalization project, NRF........ + Total, Construction..................... 282,600 282,600 + Transfer to NE--Advanced Test Reactor ( 0) ( 0) + (non-add).............................. + Total, Naval Reactors................... 1,648,396 1,648,396 + + +Defense Environmental Cleanup + Closure sites: + Closure sites administration.......... 4,987 4,987 + Richland: + River corridor and other cleanup + operations: + River corridor and other cleanup 139,750 139,750 + operations......................... + Central plateau remediation: + Central plateau remediation......... 472,949 472,949 + Total, Central plateau remediation...... 472,949 472,949 + Richland community and regulatory 5,121 5,121 + support.............................. + + Construction: + 18-D-404 WESF Modifications and 11,000 11,000 + Capsule Storage.................... + Total, Construction..................... 11,000 11,000 + Total, Richland......................... 628,820 628,820 + + Office of River Protection: + Waste Treatment Immobilization Plant 15,000 15,000 + Commissioning........................ + Rad liquid tank waste stabilization 677,460 677,460 + and disposition...................... + Construction: + 18-D-16 Waste treatment and 640,000 640,000 + immobilization plant -LBL/Direct + feed LAW......................... + 15-D-409 Low activity waste 0 0 + pretreatment system, ORP......... + 01-D-16 D, High-level waste 30,000 30,000 + facility......................... + 01-D-16 E, Pretreatment Facility.. 20,000 20,000 + Total, Construction..................... 690,000 690,000 + + ORP Low-level waste offsite disposal.. 10,000 10,000 + Total, Office of River protection....... 1,392,460 1,392,460 + + Idaho National Laboratory: + Idaho cleanup and waste disposition... 331,354 331,354 + ID Excess facilities R&D.............. 0 0 + Idaho community and regulatory support 3,500 3,500 + Total, Idaho National Laboratory........ 334,854 334,854 + + NNSA sites and Nevada off-sites + Lawrence Livermore National Laboratory 1,727 1,727 + LLNL Excess facilities R&D............ 128,000 128,000 + Nuclear facility D & D Separations 15,300 15,300 + Process Research Unit................ + Nevada................................ 60,737 60,737 + Sandia National Laboratories.......... 2,652 2,652 + Los Alamos National Laboratory........ 195,462 195,462 + Total, NNSA sites and Nevada off-sites.. 403,878 403,878 + + Oak Ridge Reservation: + OR Nuclear facility D & D............. 93,693 93,693 + OR Excess facilities R&D.............. 0 0 + U233 Disposition Program.............. 45,000 45,000 + OR cleanup and waste disposition + OR cleanup and waste disposition.... 82,000 82,000 + Subtotal, OR cleanup and waste 82,000 82,000 + disposition............................ + + Construction: + 17-D-401 On-site waste disposal 15,269 15,269 + facility......................... + 14-D-403 Outfall 200 Mercury 49,000 49,000 + Treatment Facility............... + Total, Construction..................... 64,269 64,269 + Total, OR cleanup and waste disposition. 146,269 146,269 + + OR community & regulatory support..... 4,819 4,819 + OR technology development and 3,000 3,000 + deployment........................... + Total, Oak Ridge Reservation............ 292,781 292,781 + + Savannah River Sites: + Savannah River risk management + operations: + Savannah River risk management 490,613 490,613 + operations......................... + Construction: + 18-D-402, Emergency Operations 6,792 6,792 + Center Replacement, SR........... + Total, Savannah River risk management 497,405 497,405 + operations............................. + + SR community and regulatory support... 4,749 4,749 + Radioactive liquid tank waste: + Radioactive liquid tank waste 797,706 797,706 + stabilization and disposition...... + Construction: + 20-D-402 Advanced Manufacturing 50,000 50,000 + Collaborative Facility (AMC)..... + 20-D-401 Saltstone Disposal Unit 500 500 + #10, 11, 12...................... + 19-D-701 SR Security system 0 0 + replacement...................... + 18-D-402,Saltstone disposal unit 51,750 51,750 + #8/9............................. + 17-D-402--Saltstone Disposal Unit 40,034 40,034 + #7............................... + 05-D-405 Salt waste processing 20,988 20,988 + facility, SRS.................... + Total, Construction..................... 163,272 163,272 + Total, Radioactive liquid tank waste.... 960,978 960,978 + Total, Savannah River Site.............. 1,463,132 1,463,132 + + Waste Isolation Pilot Plant + Waste Isolation Pilot Plant........... 299,088 299,088 + Construction: + 15-D-411 Safety significant 58,054 58,054 + confinement ventilation system, + WIPP............................... + 15-D-412 Exhaust shaft, WIPP........ 34,500 34,500 + Total, Construction..................... 92,554 92,554 + Total, Waste Isolation Pilot Plant...... 391,642 391,642 + + Program direction....................... 278,908 278,908 + Program support......................... 12,979 12,979 + Safeguards and Security................. 317,622 317,622 + Technology development.................. 0 0 + Use of prior year balances.............. 0 0 + Subtotal, Defense environmental cleanup. 5,522,063 5,522,063 + + Rescission: + Rescission of prior year balances..... -15,562 -15,562 + Rescission of prior year balances 0 0 + (Gen. Prov.)......................... + Total, Defense Environmental Cleanup.... 5,506,501 5,506,501 + + +Other Defense Activities + Environment, health, safety and security + Environment, health, safety and 139,628 139,628 + security............................. + Program direction..................... 72,881 72,881 + Total, Environment, Health, safety and 212,509 212,509 + security............................... + + Independent enterprise assessments + Independent enterprise assessments.... 24,068 24,068 + Program direction..................... 57,211 54,211 + Non-defense function realignment.... [-3,000] + Total, Independent enterprise 81,279 78,279 + assessments............................ + + Specialized security activities......... 254,578 254,578 + Office of Legacy Management + Legacy management..................... 283,767 283,767 + Program direction..................... 19,262 19,262 + Total, Office of Legacy Management...... 303,029 303,029 + + Defense related administrative support + Chief financial officer............... 54,538 54,538 + Chief information officer............. 124,554 124,554 + Total, Defense related administrative 179,092 179,092 + support................................ + + Office of hearings and appeals.......... 4,852 4,852 + Subtotal, Other defense activities...... 1,035,339 1,032,339 + Use of prior year balances (HA)......... 0 0 + Total, Other Defense Activities......... 1,035,339 1,032,339 + + +Defense Nuclear Waste Disposal + Yucca mountain and interim storage...... 26,000 0 + Total, Defense Nuclear Waste............ 26,000 0 +------------------------------------------------------------------------ + + DIVISION E--ADDITIONAL PROVISIONS + + TITLE LI--PROCUREMENT + +SEC. 5101. BRIEFING ON PLANS TO INCREASE READINESS OF B-1 BOMBER + AIRCRAFT. + + (a) In General.--Not later than January 31, 2020, the Secretary of +the Air Force shall provide the congressional defense committees a +briefing on the Air Force's plans to increase the readiness of the B-1 +bomber aircraft. + (b) Elements.--The briefing required under subsection (a) shall +include the following elements: + (1) A description of aircraft structural issues. + (2) A plan for continued structural deficiency data + analysis and training. + (3) Projected repair timelines. + (4) Future mitigation strategies. + (5) An aircrew maintainer training plan, including a plan + to ensure that the training pipeline remains steady, for any + degradation period. + (6) A recovery timeline to meet future deployment tasking. + (7) A plan for continued upgrades and improvements. + +SEC. 5126. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL COMBAT + SHIP. + + (a) Limitation.--The text of subsection (a) of section 126 is +hereby deemed to read as follows: + ``(a) Limitations.--None of the funds authorized to be appropriated +by this Act for fiscal year 2020 for the Department of Defense may be +used to exceed, and the Department may not otherwise exceed, the total +procurement quantity of thirty-five Littoral Combat Ships, unless the +Under Secretary of Defense for Acquisition and Sustainment submits to +the congressional defense committees the certifications described in +subsection (b).''. + (b) Definition.--Subsection (c) of section 126 shall have no force +or effect. + +SEC. 5151. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICATIONS + SYSTEMS LACKING CERTAIN RESILIENCY FEATURES. + + The text of subsection (a) of section 151 preceding paragraph (1) +is hereby deemed to read as follows: + ``(a) In General.--Except as provided under subsection (b), none of +the funds authorized to be appropriated by this Act for fiscal year +2020 for the Department of Defense may be used for the procurement of a +current or future Department of Defense communications program of +records, and the Department may not otherwise procure a current or +future communications program of record, unless the communications +equipment--''. + + TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + +SEC. 5201. ENERGETICS PLAN. + + (a) Plan Required.--The Under Secretary of Defense for Research and +Engineering shall, in coordination with the technical directors at +defense laboratories and such other officials as the Under Secretary +considers appropriate, develop an energetics research and development +plan to ensure a long-term multi-domain research, development, +prototyping, and experimentation effort that-- + (1) maintains United States technological superiority in + energetics technology critical to national security; + (2) efficiently develops new energetics technologies and + transitions them into operational use, as appropriate; and + (3) maintains a robust industrial base and workforce to + support Department of Defense requirements for energetic + materials. + (b) Briefing.--Not later than one year after the date of the +enactment of this Act, the Under Secretary shall brief the +congressional defense committees on the plan developed under subsection +(a). + +SEC. 5202. AMENDMENTS TO RESEARCH PROJECT TRANSACTION AUTHORITIES TO + ELIMINATE COST-SHARING REQUIREMENTS AND REDUCE BURDENS ON + USE. + + (a) Cooperative Agreements for Research Projects.--Section 2371(e) +of title 10, United States Code, is amended-- + (1) by striking paragraph (2); + (2) by striking paragraph (1)(B); + (3) in paragraph (1)(A), by striking ``; and'' and + inserting a period; and + (4) by striking ``(e) Conditions.--(1) The Secretary of + Defense'' and all that follows through ``(A) to the maximum + extent practicable'' and inserting ``(e) Conditions.--The + Secretary of Defense, to the maximum extent practicable''. + (b) Conforming Amendment.--Section 2371b(b) of title 10, United +States Code, is amended by striking ``(b) Exercise of Authority.--'' +and all that follows through ``(2) To the maximum extent practicable'' +and inserting ``(b) Exercise of Authority.--To the maximum extent +practicable''. + +SEC. 5203. COMPARATIVE CAPABILITIES OF ADVERSARIES IN ARTIFICIAL + INTELLIGENCE. + + (a) Expansion of Duties of Official With Principal Responsibility +for Coordination of Activities Relating to Development and +Demonstration of Artificial Intelligence.--Section 238(c)(2)(I) of the +John S. McCain National Defense Authorization Act for Fiscal Year 2019 +(Public Law 115-232) is amended-- + (1) in clause (i), by striking ``; and'' and inserting a + semicolon; + (2) in clause (ii), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new clause: + ``(iii) that appropriate entities in the + Department are reviewing all open sources + publications from both the United States and + outside the United States that contribute, + impact, or advance artificial intelligence + research and development.''. + (b) Analysis of Comparative Capabilities of China in Artificial +Intelligence.--The Secretary of Defense shall provide the congressional +defense committees with an analysis and briefing that includes the +following: + (1) A comprehensive and national-level-- + (A) comparison of public and private investment + differentiated by sector and industry; + (B) review of current trends in ability to set and + determine global standards and norms for artificial + intelligence technology in national security, including + efforts in international standard setting bodies; + (C) assessment of access to artificial intelligence + technology in national security; and + (D) assessment of areas and activities in which the + Unites States should invest in order to provide the + United States with technical superiority over China in + relevant areas of artificial intelligence. + (2) A comprehensive assessment of relative technical + quality of activities in the United States and China. + (3) A comprehensive assessment of the likelihood that + developments in artificial intelligence will successfully + transition into military systems of China. + (4) Predicted effects on United States national security if + current trends in China and the United States continue. + (5) Predicted effects of current trends on digital and + technology export relationships of both countries with existing + and new trading partners. + (6) Assessment of the relationships that are critical and + in need of development in both private and public sector to + ensure investment in artificial intelligence to keep pace with + current global trends. + +SEC. 5204. ADDITIONAL AMOUNTS FOR RESEARCH, DEVELOPMENT, TEST, AND + EVALUATION. + + (a) Additional Amount for Workforce Transformation Cyber Initiative +Pilot Program.--The amount authorized to be appropriated for fiscal +year 2020 by section 201 for research, development, test, and +evaluation is hereby increased by $25,000,000, with the amount of the +increase to be available for Information Systems Security Program (PE +0303140D8Z) for the National Security Agency National Cryptologic +School for cybersecurity and artificial intelligence curriculum +development and establishment of a pilot program to enable workforce +transformation certificate-based courses that are developed through +this effort and then offered by Center of Academic Excellence +Universities. + (b) Additional Amount for Research on Advanced Digital Radar +Systems.--The amount authorized to be appropriated for fiscal year 2020 +by section 201 for Navy research, development, test, and evaluation is +hereby increased by $5,000,000, with the amount of the increase to be +available for University Research Initiatives (PE 0601103N) for +continued research on advanced digital radar systems to meet the +evolving goals of the Department of Defense to improve threat detection +at greater stand-off distances. + (c) Offset.--The amount authorized to be appropriated for fiscal +year 2020 by section 1405 for Defense Health Program is hereby +decreased by $30,000,000, with the amount of the decrease to be taken +from the amount made available for procurement of the Department of +Defense Healthcare Management System Modernization. + +SEC. 5205. BRIEFING ON EXPLAINABLE ARTIFICIAL INTELLIGENCE. + + (a) Briefing Required.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense shall brief the +congressional defense committees on the development and applications of +explainable artificial intelligence. + (b) Elements.--The briefing required under subsection (a) shall +address the following: + (1) The extent to which the Department of Defense currently + uses and prioritizes explainable artificial intelligence. + (2) The limitations of explainable artificial intelligence + and the plans of the Department to address those limitations. + (3) The future plans of the Department to require + explainable artificial intelligence, particularly in + technologies that have warfighting applications. + (4) Any potential roadblocks to the effective deployment of + explainable artificial intelligence across the Department. + (5) Identification and description of programs and + activities, including funding and schedule, to develop or + procure explainable artificial intelligence to meet defense + requirements and technology development goals. + (6) Such other matters as the Secretary considers + appropriate. + (c) Form of Briefing.--The briefing required under subsection (a) +shall be provided in unclassified form, but may include a classified +supplement. + (d) Definition of Explainable Artificial Intelligence.--In this +section, the term `` explainable artificial intelligence'' means +artificial intelligence that has the ability to demonstrate the +rationale behind its decisions in order for its human user to +comprehend and characterize the strengths and weaknesses of its +decisionmaking process, as well as understand how it will behave in the +future in the contexts in which it is used. + +SEC. 5206. ADMINISTRATION OF CENTERS FOR MANUFACTURING INNOVATION + FUNDED BY THE DEPARTMENT OF DEFENSE. + + (a) In General.--The Secretary of Defense shall make such changes +to the administration of covered centers so as-- + (1) to encourage covered centers to leverage existing + workforce development programs across the Federal Government + and State governments in order to build successful workforce + development programs; + (2) to develop metrics to evaluate the workforce + development performed by the covered centers, including metrics + on job quality, career pathways, wages and benefits, and + efforts to support veterans, and progress in aligning workforce + skillsets with the current and long-term needs of the + Department of Defense and the defense industrial base; + (3) to allow metrics to vary between covered centers and be + updated and evaluated continuously in order to more accurately + evaluate covered centers with different goals and missions; + (4) to encourage covered centers to consider developing + technologies that were previously funded by Federal Government + investment for early-stage research and development and expand + cross-government coordination and collaboration to achieve this + goal; + (5) to provide an opportunity for increased Department of + Defense input and oversight from senior-level military and + civilian personnel on future technology roadmaps produced by + covered centers; + (6) to reduce the barriers to collaboration between and + among multiple covered centers; + (7) to use contracting vehicles that can increase + flexibility, reduce barriers for contracting with subject- + matter experts and small and medium enterprises, enhance + partnerships between covered centers, and reduce the time to + award contracts at covered centers; and + (8) to overcome barriers to the adoption of manufacturing + processes and technologies developed by the covered centers by + the defense and commercial industrial base, particularly small + and medium enterprises, by engaging with public and private + sector partnerships and appropriate government programs and + activities, including the Hollings Manufacturing Extension + Partnership. + (b) Coordination With Other Activities.--The Secretary shall carry +out this section in coordination with activities undertaken under-- + (1) the Manufacturing Technology Program established under + section 2521 of title 10, United States Code; + (2) the Manufacturing Engineering Education Program + established under section 2196 of such title; + (3) the Defense Manufacturing Community Support Program + established under section 846 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232); + (4) manufacturing initiatives of the Secretary of Commerce, + the head of the National Office of the Network for + Manufacturing Innovation Program, the Secretary of Energy, and + such other government and private sector organizations as the + Secretary of Defense considers appropriate; and + (5) such other activities as the Secretary considers + appropriate. + (c) Definition of Covered Center.--In this section, the term +``covered center'' means a manufacturing innovation institute that is +funded by the Department of Defense. + +SEC. 5207. COMMERCIAL EDGE COMPUTING TECHNOLOGIES AND BEST PRACTICES + FOR DEPARTMENT OF DEFENSE WARFIGHTING SYSTEMS. + + (a) Report Required.--Not later than 120 days after the date of the +enactment of this Act, the Under Secretary of Defense for Acquisition +and Sustainment shall submit to the congressional defense committees a +report on commercial edge computing technologies and best practices for +Department of Defense warfighting systems. + (b) Contents.--The report submitted under subsection (a) shall +include the following: + (1) Identification of initial warfighting system programs + of record that will benefit most from accelerated insertion of + commercial edge computing technologies and best practices, + resulting in significant near-term improvement in system + performance and mission capability. + (2) The plan of the Department of Defense to provide + additional funding for the systems identified in paragraph (1) + to achieve fielding of accelerated commercial edge computing + technologies before or during fiscal year 2021. + (3) The plan of the Department to identify, manage, and + provide additional funding for commercial edge computing + technologies more broadly over the next four fiscal years where + appropriate for-- + (A) command, control, communications, and + intelligence systems; + (B) logistics systems; and + (C) other mission-critical systems. + (4) A detailed description of the policies, procedures, + budgets, and accelerated acquisition and contracting mechanisms + of the Department for near-term insertion of commercial edge + computing technologies and best practices into military + mission-critical systems. + +SEC. 5211. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE SECURE, LOW + PROBABILITY OF DETECTION DATA LINK NETWORK CAPABILITY. + + The text of subsection (c) of section 211 is hereby deemed to read +as follows: + ``(c) Limitation.--Of the funds authorized to be appropriated by +this Act for fiscal year 2020 for operation and maintenance for the +Office of the Secretary of the Air Force and for operation and +maintenance for the Office of the Secretary of the Navy, not more than +50 percent may be obligated or expended until the date that is 15 days +after the date on which the Chief of Staff of the Air Force and the +Chief of Naval Operations, respectively, submit the development and +acquisition strategy required by subsection (a).''. + +SEC. 5213. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION CAPABILITY + INCREMENT 2 ENDURING CAPABILITY. + + The text of subsection (a) of section 213 preceding paragraph (1) +is hereby deemed to read as follows: + ``(a) Limitation and Report.--None of the funds authorized to be +appropriated by this Act for fiscal year 2020 for the Army may be +obligated or expended for research, development, test, or evaluation +for the Indirect Fire Protection Capability Increment 2 enduring +capability, and the Department may not otherwise engage in the +research, development, test, or evaluation on such capability, until +the Secretary of the Army submits to the congressional defense +committees a report on the Indirect Fire Protection Capability +Increment 2 program that contains the following:''. + + TITLE LIII--OPERATION AND MAINTENANCE + +SEC. 5301. LIFE CYCLE SUSTAINMENT ANNUAL REPORT FOR MAJOR WEAPON + SYSTEMS OF THE DEPARTMENT OF DEFENSE. + + (a) In General.--The Secretary of Defense shall provide the +congressional defense committees with an annual report for the life +cycle sustainment of each major weapon system as defined in (b). + (b) The Secretary of Defense shall ensure the report 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) To be submitted by February 1st of each year. + +SEC. 5302. 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) since the military departments have not shown a strong + commitment to funding logistics, the Secretary of Defense + should review the full list of recommendations listed in the + report described in paragraph (3) and address the chronic + underfunding of logistics relative to other priorities of the + Department of Defense. + +SEC. 5303. PLAN ON SUSTAINMENT OF ROUGH TERRAIN CONTAINER HANDLER + FLEETS. + + Not later than 90 days after the date of the enactment of this Act, +the Secretary of the Army and the Secretary of the Navy shall-- + (1) jointly develop plans for sustainment of their + respective RT240 Rough Terrain Container Handler (RTCH) fleets + to ensure operational capability of such fleets into the 2030s; + (2) assess available modernization capabilities to enhance + joint deployment of such fleets; and + (3) provide a joint briefing to the Committees on Armed + Services of the Senate and the House of Representatives on the + readiness of such fleets. + +SEC. 5304. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE PROFICIENCY IN + READINESS REPORTING SYSTEMS OF DEPARTMENT OF DEFENSE. + + Not later than 90 days after the date of the enactment of this Act, +the Secretary of Defense and the Secretary of each military department +shall include in the Global Readiness and Force Management Enterprise, +for the appropriate billets with relevant foreign language +requirements, measures of foreign language proficiency as a mandatory +element of unit readiness reporting, to include the Defense Readiness +Reporting Systems-Strategic (DRRS-S) and all other subordinate systems +that report readiness data. + +SEC. 5305. MONITORING OF NOISE FROM FLIGHTS AND TRAINING OF EA-18G + GROWLERS ASSOCIATED WITH NAVAL AIR STATION WHIDBEY + ISLAND. + + (a) Monitoring.-- + (1) In general.--The Secretary of Defense shall provide for + real-time monitoring of noise from local flights of EA-18G + Growlers associated with Naval Air Station Whidbey Island, + including field carrier landing practice at Naval Outlying + Field (OLF) Coupeville and Ault Field. + (2) Public availability.--The Secretary shall publish the + results of monitoring conducted under paragraph (1) on a + publicly available Internet website of the Department of + Defense. + (3) Report.--Not later than 180 days after the date of the + enactment of this Act, the Secretary shall submit to the + Committees on Armed Services of the Senate and the House of + Representatives a report on the progress of monitoring + conducted under paragraph (1) and the results of such + monitoring. + (b) Plan for Additional Monitoring.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the Committees on Armed Services of the Senate and + the House of Representatives a plan for real-time monitoring + described in subsection (a)(1) of noise relating to field + carrier landing practice conducted above or adjacent to Olympic + National Park, Olympic National Forest, and Ebey's Landing + National Historical Reserve. + (2) Development of plan.--The Secretary shall work with the + Director of the National Park Service and the Chief of the + Forest Service in developing the plan under paragraph (1). + (c) Funding.-- + (1) In general.--The amount authorized to be appropriated + by this Act for Navy Operation and Maintenance is hereby + increased by $1,000,000 and the amount of such increase shall + be made available to carry out this section. + (2) Offset.--The amount authorized to be appropriated by + this Act for Marine Corps Operation and Maintenance for SAG + 4A4G is hereby reduced by $1,000,000. + +SEC. 5306. SENSE OF CONGRESS ON RESTORATION OF TYNDALL AIR FORCE BASE. + + It is the sense of Congress that the Secretary of the Air Force +should-- + (1) restore Tyndall Air Force Base to achieve military + installation resilience, as defined in section 101(e)(8) of + title 10, United States Code; and + (2) use innovative construction methods, materials, + designs, and technologies in carrying out such restoration in + order to achieve efficiencies, cost savings, resiliency, and + capability, which may include-- + (A) open architecture design to evolve with the + national defense strategy; and + (B) efficient ergonomic enterprise for members of + the Air Force in the 21st century. + +SEC. 5318. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS CONTAMINATION + BY PERFLUORALKYL AND POLYFLRUOROALKYL SUBSTANCES. + + The text of section 318(a) is hereby deemed to include at the end +the following: + ``(3) Other authority.--In addition to the requirements + under paragraph (1), when otherwise authorized to expend funds + for the purpose of addressing ground or surface water + contaminated by a perfluorinated compound, the Secretary of + Defense may, to expend those funds, enter into a grant + agreement, cooperative agreement, or contract with-- + ``(A) the local water authority with jurisdiction + over the contamination site, including-- + ``(i) a public water system (as defined in + section 1401 of the Safe Drinking Water Act (42 + U.S.C. 300f)); and + ``(ii) a publicly owned treatment works (as + defined in section 212 of the Federal Water + Pollution Control Act (33 U.S.C. 1292)); or + ``(B) a State, local, or Tribal government.''. + +SEC. 5352. LIMITATION ON USE OF FUNDS REGARDING THE BASING OF KC-46A + AIRCRAFT OUTSIDE THE CONTINENTAL UNITED STATES. + + The text of subsection (b) of section 352 is hereby deemed to read +as follows: + ``(b) Limitation on Use of Funds.--Not more than 85 percent of the +funds authorized to be appropriated by this Act for fiscal year 2020 +for the Air Force for operation and maintenance for the Management +Headquarters Program (Program Element 92398F) may be obligated or +expended until the Secretary of the Air Force submits the report +required by subsection (a) unless the Secretary certifies to Congress +that the use of additional funds is mission essential.''. + + TITLE LIV--MILITARY PERSONNEL AUTHORIZATIONS + +SEC. 5401. 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. + + TITLE LV--MILITARY PERSONNEL POLICY + +SEC. 5501. 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)''. + +SEC. 5502. 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 +pursuant to paragraph (1) of subsection (a), and briefings and forms +pursuant to paragraph (2) of such subsection, shall be provided 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. + +SEC. 5503. 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. + +SEC. 5504. SENSE OF SENATE ON THE HONORABLE AND DISTINGUISHED SERVICE + OF GENERAL JOSEPH F. DUNFORD, UNITED STATES MARINE CORPS, + TO THE UNITED STATES. + + (a) Findings.--The Senate makes the following findings: + (1) General Joseph F. Dunford was commissioned as a second + lieutenant in the United States Marine Corps in 1977. + (2) Since 1977, General Dunford has served as an infantry + officer at all levels and has held numerous leadership roles, + including Commander of the 5th Marine Regiment during Operation + IRAQI FREEDOM, Commander of the International Security + Assistance Force and United States Forces-Afghanistan, and + Commander, Marine Forces United States Central Command. + (3) General Dunford served as the 32nd Assistant Commandant + of the Marine Corps from October 23, 2010, to December 15, + 2012. + (4) General Dunford subsequently served as the 36th + Commandant of the Marine Corps from October 17, 2014, to + September 24, 2015. + (5) General Dunford became the highest-ranking military + officer in the United States when he was appointed as the 19th + Chairman of the Joint Chiefs of Staff on October 1, 2015. + (6) General Dunford is only the second United States Marine + to hold the position of Chairman of the Joint Chiefs of Staff. + (7) During his nearly four years as Chairman of the Joint + Chiefs of Staff, General Dunford effectively and honorably + executed the duties of the office to the highest degree. + (8) General Dunford has an extensive record of impeccable + service to the United States. + (b) Sense of Senate.--It is the sense of the Senate that-- + (1) the United States deeply appreciates the decades of + honorable service of General Joseph F. Dunford; and + (2) the indispensable leadership of General Dunford and his + dedication to the men and women of the Armed Forces + demonstrates the finest example of service to the United + States. + +SEC. 5505. 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.''. + +SEC. 5506. PERSONNEL TEMPO OF THE ARMED FORCES AND THE UNITED STATES + SPECIAL OPERATIONS COMMAND DURING PERIODS OF + INAPPLICABILITY OF HIGH-DEPLOYMENT LIMITATIONS. + + (a) In General.--Section 991(d) of title 10, United States Code, is +amended-- + (1) by inserting ``(1)'' before ``The Secretary''; and + (2) by adding at the end the following new paragraph: + ``(2)(A) Whenever a waiver is in effect under paragraph (1), the +member or group of members covered by the waiver shall be subject to +specific and measurable deployment thresholds established and +maintained for purposes of this subsection. + ``(B) Thresholds under this paragraph may be applicable-- + ``(i) uniformly, Department of Defense-wide; or + ``(ii) separately, with respect to each armed force and the + United States Special Operations Command. + ``(C) If thresholds under this paragraph are applicable Department- +wide, such thresholds shall be established and maintained by the Under +Secretary of Defense for Personnel and Readiness. If such thresholds +are applicable only to a separate armed force or the Under States +Special Operations Command, such thresholds shall be established and +maintained by the Secretary of the Army, the Secretary of the Navy +(other than with respect to the Marine Corps), the Secretary of the Air +Force, the Commandant of the Marine Corps (with respect to the Marine +Corps), and the Commander of the United States Special Operations +Command, as applicable. + ``(D) In undertaking recordkeeping for purposes of subsection (c), +the Under Secretary shall, in conjunction with the other officials and +officers referred to in subparagraph (C), collect complete and reliable +personnel tempo data of members described in subparagraph (A) in order +to ensure that the Department, the armed forces, and the United States +Special Operations Command fully and completely monitor personnel tempo +under a waiver under paragraph (1) and its impact on the armed +forces.''. + (b) Deadline for Implementation.--Paragraph (2) of section 991(d) +of title 10, United States Code, as added by subsection (a), shall be +fully implemented by not later than March 1, 2020. + +SEC. 5507. REPORT AND BRIEFING ON THE SENIOR RESERVE OFFICERS' TRAINING + CORPS. + + (a) Report on Various Expansions of the Corps.--Not later than one +year after the date of the enactment of this Act, the Secretary of +Defense shall submit to the Committees on Armed Services of the Senate +and the House of Representatives a report setting forth the following: + (1) An assessment of the feasibility and advisability of + distance learning programs for the Senior Reserve Officers' + Training Corps for students at educational institutions who + reside outside the viable range for a cross-town program. + (2) An assessment of the feasibility and advisability of + expanding the eligibility of institutions authorized to + maintain a unit of the Senior Reserve Officers' Training Corps + to include community colleges. + (b) Briefing on Long-term Effects on the Corps of the Operation of +Certain Recent Prohibitions.-- + (1) Briefing required.--Not later than 180 days after the + date of the enactment of this Act, the Secretary of Defense + shall brief the congressional defense committees on the effects + of the prohibitions in section 8032 of the Department of + Defense Appropriations Act, 2019 (division A of Public Law 115- + 245) on the long-term viability of the Senior Reserve Officers' + Training Corps (SROTC). + (2) Elements.--The matters addressed by the briefing under + paragraph (1) shall include an assessment of The effects of the + prohibitions described in paragraph (1) on the following: + (A) Readiness. + (B) The efficient manning and administration of + Senior Reserve Officers' Training Corps units. + (C) The ability of the Armed Forces to commission + on a yearly basis the number and quality of new + officers they need and that are representative of the + nation as a whole . + (D) The availability of Senior Reserve Officers' + Training Corps scholarships in rural areas. + (E) Whether the Senior Reserve Officers' Training + Corps program produces officers representative of the + demographic and geographic diversity of the United + States, especially with respect to urban areas, and + whether restrictions on establishing or disestablishing + units of the Corps affects the diversity of the officer + corps of the Armed Forces. + +SEC. 5508. REPORT ON SUICIDE PREVENTION PROGRAMS AND ACTIVITIES FOR + MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES. + + (a) Report Required.--Not later than 240 days after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committees on Armed Services of the Senate and the +House of Representatives a report on the programs and activities of the +Department of Defense and the Armed Forces for the prevention of +suicide among members of the Armed Forces (including the reserve +components) and their families. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A description of the current programs and activities of + the Department and the Armed Forces for the prevention of + suicide among members of the Armed Forces and their families. + (2) An assessment whether the programs and activities + described pursuant to paragraph (1)-- + (A) are evidence-based and incorporate best + practices identified in peer-reviewed medical + literature; + (B) are appropriately resourced; and + (C) deliver outcomes that are appropriate relative + to peer activities and programs (including those + undertaken in the civilian community and in military + forces of other countries). + (3) A description and assessment of any impediments to the + effectiveness of such programs and activities. + (4) Such recommendations as the Comptroller General + considers appropriate for improvements to such programs and + activities. + (5) Such recommendations as the Comptroller General + considers appropriate for additional programs and activities + for the prevention of suicide among members of the Armed Forces + and their families. + +SEC. 5509. SENSE OF CONGRESS ON LOCAL PERFORMANCE OF MILITARY ACCESSION + PHYSICALS. + + (a) Findings.--Congress makes the following findings: + (1) The United States Military Entrance Processing Command + (USMEPCOM) consists of 65 Military Entrance Processing Stations + (MEPS) dispersed throughout the contiguous United States, + Alaska, Hawaii, and Puerto Rico. + (2) Applicants who must travel to the closest Processing + Station are often driven by their military recruiter and + receive free lodging at a nearby hotel paid by the Armed Force + concerned. + (3) In fiscal year 2015, the United States Military + Entrance Processing Command processed 473,000 applicants at its + Processing Stations, with an aggregate total of 931,000 + applicant visits to such Processing Stations in that fiscal + year. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) permitting military accession physicals in local + communities would allow recruiters to focus on their core + recruiting mission; and + (2) the conduct of military accession physicals in local + communities would permit the United States Military Entrance + Processing Command to reduce costly and inefficient return + visits by applicants to Military Entrance Processing Stations + and increase efficiency in its processing times. + +SEC. 5510. PERMANENT AUTHORITY TO DEFER PAST AGE 64 THE RETIREMENT OF + CHAPLAINS IN GENERAL AND FLAG OFFICER GRADES. + + Section 1253(c) of title 10, United States Code, is amended by +striking paragraph (3). + +SEC. 5546. BOARDS FOR CORRECTION OF MILITARY RECORDS AND DISCHARGE + REVIEW BOARD MATTERS. + + Part III of subtitle D of title V, and the amendments made by that +part, shall have no force or effect. + +SEC. 5585. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO JOHN J. + DUFFY FOR ACTS OF VALOR IN VIETNAM. + + Section 585 shall have no force or effect. + +SEC. 5587. AUTHORITY TO AWARD OR PRESENT A DECORATION NOT PREVIOUSLY + RECOMMENDED IN A TIMELY FASHION FOLLOWING A REVIEW + REQUESTED BY CONGRESS. + + Section 587, and the amendments made by that section, shall have no +force or effect. + + TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS + +SEC. 5601. 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.''. + +SEC. 5602. 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 334, + 334a, and 351 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 feasible and + advisable, such recommendations as the Secretary considers + appropriate for legislative or administrative action to + authorize such payment. + +SEC. 5642. TREATMENT OF FEES OF SERVICE PROVIDED AS SUPPLEMENTAL FUNDS + FOR COMMISSARY OPERATIONS. + + Section 642, and the amendment made by that section, shall have no +force or effect. + + TITLE LVII--HEALTH CARE PROVISIONS + +SEC. 5701. CONTRACEPTIVE PARITY UNDER THE TRICARE PROGRAM. + + The text of subsection (c) of section 701 is hereby deemed to read +as follows: + ``(c) Effective Date.--The amendments made by this section shall +take effect on January 1, 2030.''. + +SEC. 5702. 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). + +SEC. 5703. 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. + + TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + MATTERS + +SEC. 5801. REPORT ON CONTRACTS WITH ENTITIES AFFILIATED WITH THE + GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA OR THE + CHINESE COMMUNIST PARTY. + + 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 or business entities that are owned or operated by, or +affiliated with, the Government of the People's Republic of China or +the Chinese Communist Party. + +SEC. 5802. DOCUMENTATION OF MARKET RESEARCH RELATED TO COMMERCIAL ITEM + DETERMINATIONS. + + Section 3307(d) of title 41, United States Code, is amended by +adding at the end the following new paragraph: + ``(4) Agencies shall document the results of market + research in a manner appropriate to the size and complexity of + the acquisition.''. + +SEC. 5803. ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL DEVELOPMENT + DECISIONS. + + (a) Timeline.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall update existing +guidance for analyses of alternatives conducted pursuant to a materiel +development decision for a major defense acquisition program to +incorporate the following: + (1) Study completion within nine months. + (2) Study guidance issued by the Director, Cost Assessment + and Program Evaluation of a scope designed to provide for + reasonable completion of the study within the nine-month + period. + (3) Procedures for waiver of the timeline requirements of + this subsection on a case-by-case basis if-- + (A) the subject of the analysis is of extreme + technical complexity; + (B) collection of additional intelligence is + required to inform the analysis; + (C) insufficient technical expertise is available + to complete the analysis; or + (D) the Secretary determines that there other + sufficient reasons for delay of the analysis. + (b) Reporting.--If an analysis of alternatives cannot be completed +within the allotted time, or a waiver is used, the Secretary shall +report to the congressional defense committees the following +information: + (1) For a waiver, the basis for use of the waivers, + including the reasons why the study cannot be completed within + the allotted time. + (2) For a study estimated to take more than nine months-- + (A) an estimate of when the analysis will be + completed; + (B) an estimate of any additional costs to complete + the analysis; and + (C) other relevant information pertaining to the + analysis and its completion. + + TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT + +SEC. 5901. 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. + +SEC. 5902. ALLOCATION OF FORMER RESPONSIBILITIES OF THE UNDER SECRETARY + OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS. + + (a) Title 10, United States Code.--Title 10, United States Code, is +amended as follows: + (1) In section 129a(c)(3), by striking ``The Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``The Under Secretary of Defense for + Acquisition and Sustainment''. + (2) In section 134(c), by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Research and + Engineering, the Under Secretary of Defense for Acquisition and + Sustainment''. + (3) In section 139-- + (A) in subsection (b)-- + (i) in the matter preceding paragraph (1), + by striking ``and the Under Secretary of + Defense for Acquisition, Technology, and + Logistics'' and inserting ``, the Under + Secretary of Defense for Research and + Engineering, and the Under Secretary of Defense + for Acquisition and Sustainment''; and + (ii) in paragraph (2), by striking ``and + the Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``, + the Under Secretary of Defense for Research and + Engineering, the Under Secretary of Defense for + Acquisition and Sustainment,''; + (B) in subsection (c), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of + Defense for Research and Engineering, the Under + Secretary of Defense for Acquisition and + Sustainment,''; and + (C) in subsection (h)(2), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of + Defense for Research and Engineering, the Under + Secretary of Defense for Acquisition and Sustainment''. + (4) In section 139a(d)(6), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of Defense for + Research and Engineering, the Under Secretary of Defense for + Acquisition and Sustainment,''. + (5) In section 171(a)-- + (A) by striking paragraphs (3) and (8); + (B) by redesignating paragraphs (4), (5), (6), (7), + (9), (10), (11), (12), and (13) as paragraphs (5), (6), + (7), (8), (11), (12), (13), (14), and(15), + respectively; + (C) by inserting after paragraph (2) the following + new paragraphs: + ``(3) the Under Secretary of Defense for Research and + Engineering; + ``(4) the Under Secretary of Defense of Acquisition and + Sustainment;''; and + (D) by inserting after paragraph (8), as + redesignated by subparagraph (B), the following new + paragraphs: + ``(9) the Deputy Under Secretary of Defense for Research + and Engineering; + ``(10) the Deputy Under Secretary of Defense for + Acquisition and Sustainment;''. + (6) In section 181(d)(1)-- + (A) by redesignating subparagraphs (D) through (G) + as subparagraphs (E) through (H), respectively; + (B) by striking subparagraph (C); and + (C) by inserting after subparagraph (B) the + following new subparagraphs: + ``(C) The Under Secretary of Defense for Research + and Engineering. + ``(D) The Under Secretary of Defense for + Acquisition and Sustainment.''. + (7) In section 393(b)(2)-- + (A) by redesignating subparagraphs (C) through (E) + as subparagraphs (D) through (F), respectively; + (B) by striking subparagraph (B); and + (C) by inserting after subparagraph (A) the + following new subparagraphs: + ``(B) The Under Secretary of Defense for Research + and Engineering. + ``(C) The Under Secretary of Defense for + Acquisition and Sustainment.''. + (8)(A) In section 1702-- + (i) by striking the heading and inserting the + following: +``Sec. 1702. Under Secretary of Defense for Acquisition and + Sustainment: authorities and responsibilities''; and + (ii) in the text, by striking ``the Under Secretary + of Defense for Acquisition, Technology, and Logistics'' + and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (B) The table of sections at the beginning of subchapter I + of chapter 87 is amended by striking the item relating to + section 1702 and inserting the following new item: + +``1702. Under Secretary of Defense for Acquisition and Sustainment: + authorities and responsibilities.''. + (9) In section 1705, by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (10) In section 1722, by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (11) In section 1722a, by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (12) In section 1722b(a), by striking ``the Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (13) In section 1723, by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (14) In section 1725(e)(2), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (15) In section 1735(c)(1), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (16) In section 1737(c), by striking ``the Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (17) In section 1741(b), by striking ``The Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``The Under Secretary of Defense for Acquisition and + Sustainment''. + (18) In section 1746(a), by striking ``the Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (19) In section 1748, by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (20) In section 2222, by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (21) In section 2272, by striking ``the Assistant Secretary + of Defense for Research and Engineering'' and inserting ``the + Under Secretary of Defense for Research and Engineering''. + (22) In section 2275(a), by striking ``The Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``The Under Secretary of Defense for Acquisition and + Sustainment''. + (23) In section 2279(d), by striking ``the Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (24) In section 2279b-- + (A) in subsection (b)-- + (i) by redesignating paragraphs (3) through + (10) as paragraphs (4) through (11), + respectively; + (ii) by striking paragraph (2); and + (iii) by inserting after paragraph (1) the + following new paragraphs: + ``(2) The Under Secretary of Defense for Research and + Engineering. + ``(3) The Under Secretary of Defense for Acquisition and + Sustainment.''; and + (B) in subsection (c) by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of + Defense for Research and Engineering, the Under + Secretary of Defense for Acquisition and Sustainment,'' + (25) In section 2304, by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (26) In section 2306b(i)(7), by striking ``of Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``of Under Secretary of Defense for + Acquisition and Sustainment''. + (27) In section 2311(c), by striking ``the Under Secretary + of Defense for Acquisition, Technology, and Logistics'' each + place it appears and inserting ``the Under Secretary of Defense + for Acquisition and Sustainment''. + (28) In section 2326(g), by striking ``the Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (29) In section 2330, by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (30) In section 2334, by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (31) In section 2350a(b)(2), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics, and the Assistant Secretary of Defense for Research + and Engineering'' and inserting ``the Under Secretary of + Defense for Research and Engineering, and the Under Secretary + of Defense for Acquisition and Sustainment''. + (32) In section 2359(b), by striking paragraph (1) and + inserting the following new paragraph (1): + ``(1) The Under Secretary of Defense for Research and + Engineering.''. + (33) In section 2359b, by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``Under Secretary of Defense for + Research and Engineering''. + (34) In section 2365(d)(3)(A), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of Defense for + Research and Engineering''. + (35) In section 2375, by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (36) In section 2399(b)(3)-- + (A) by striking ``the Under Secretary of Defense + for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Research + and Engineering, the Under Secretary of Defense for + Acquisition and Sustainment''; and + (B) by striking ``and Under Secretary'' and + inserting ``and the Under Secretaries''. + (37) In section 2419(a)(1), by striking ``The Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``The Under Secretary of Defense for + Acquisition and Sustainment''. + (38) In section 2431a(b), by striking ``the Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (39) In section 2435, by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (40) In section 2438(b), by striking ``the Under Secretary + of Defense for Acquisition, Technology and Logistics'' each + place it appears and inserting ``the Under Secretary of Defense + for Acquisition and Sustainment''. + (41) In section 2503(b)-- + (A) by striking ``the Under Secretary of Defense + for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Research + and Engineering and the Under Secretary of Defense for + Acquisition and Sustainment''; and + (B) by striking ``the Under Secretary shall'' and + inserting ``the Under Secretaries shall''. + (42) In section 2508(b), by striking ``the Under Secretary + of Defense for Acquisition, Technology, and Logistics, acting + through the Deputy Assistant Secretary of Defense for + Manufacturing and Industrial Base Policy'' and inserting ``the + Under Secretary of Defense for Acquisition and Sustainment''. + (43) In section 2521, by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``Under Secretary of Defense for + Research and Engineering''. + (44) In section 2533b(k)(2)(A), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (45) In section 2546-- + (A) in the heading of subsection (a), by striking + ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''; + and + (B) by striking ``the Under Secretary of Defense + for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``the Under Secretary of + Defense for Acquisition and Sustainment''. + (46) In section 2548, by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + it appears and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (47) In section 2902(b)-- + (A) by striking paragraph (1) and inserting the + following new paragraph (1): + ``(1) The official within the Office of the Under Secretary + of Defense for Research and Engineering who is responsible for + science and technology.''; + (B) by redesignating paragraphs (4) through (9) as + paragraphs (5) through (10), respectively; + (C) by striking paragraph (3); and + (D) by inserting after paragraph (2) the following + new paragraphs: + ``(3) The official within the Office of the Under Secretary + of Defense for Research and Engineering who is responsible for + environmental security. + ``(4) The official within the Office of the Under Secretary + of Defense for Acquisition and Sustainment who is responsible + for environmental security.''. + (48) In section 2926(e)(5)(D), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (b) National Defense Authorization Acts.-- + (1) Public law 115-232.--Section 338 of the John S. McCain + National Defense Authorization Act for Fiscal Year 2019 (Public + Law 115-232; 132 Stat. 1728) is amended by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (2) Public law 115-91.--Section 136(a)(1) of the National + Defense Authorization Act for Fiscal Year 2018 (Public Law 115- + 91; 131 Stat. 1317) is amended by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (3) Public law 114-328.--The National Defense Authorization + Act for Fiscal Year 2017 (Public Law 114-328) is amended as + follows: + (A) In section 829(b) (10 U.S.C. 2306 note), by + striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (B) In section 874(b)(1) (10 U.S.C. 2375 note), by + striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (C) In section 875 (10 U.S.C. 2305 note)-- + (i) in subsections (b), (c), (e), and (f), + by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' each + place it appears and inserting ``Under + Secretary of Defense for Acquisition and + Sustainment''; and + (ii) in subsection (d), by striking ``The + Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``The + Under Secretary of Defense for Research and + Engineering''. + (D) In section 898(a)(2)(A) (10 U.S.C. 2302 note), + by striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (E) In section 1652(a) (130 Stat. 2609), by + striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Research and + Engineering''. + (F) In section 1689(d) (130 Stat. 2631), by + striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Research and + Engineering''. + (4) Public law 114-92.--The National Defense Authorization + Act for Fiscal Year 2016 (Public Law 114-92) is amended as + follows: + (A) In section 131 (129 Stat. 754), by striking + ``the Under Secretary of Defense for Acquisition, + Technology, and Logistics'' each place it appears and + inserting ``the Under Secretary of Defense for + Acquisition and Sustainment''. + (B) In section 856(a)(2)(B) (10 U.S.C. 2377 note), + by striking ``the Office of the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' + and inserting ``the Office of the Under Secretary of + Defense for Acquisition and Sustainment''. + (C) In section 1111(b)(1) (10 U.S.C. 1701 note), by + striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (D) In section 1675(a) (129 Stat. 1131), by + striking ``The Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``The Under Secretary of Defense for Research and + Engineering''. + (5) Public law 113-291.--Section 852 of the Carl Levin and + Howard P. ``Buck'' McKeon National Defense Authorization Act + for Fiscal Year 2015 (10 U.S.C. 2302 note) is amended by + striking ``The Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``The Under Secretary + of Defense for Acquisition and Sustainment''. + (6) Public law 112-239.--Section 157(c) of the National + Defense Authorization Act for Fiscal Year 2013 (Public law 112- + 239; 126 Stat. 1668) is amended by striking ``The Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``The Under Secretary of Defense for + Acquisition and Sustainment''. + (7) Public law 112-81.--The National Defense Authorization + Act for Fiscal Year 2012 (Public Law 112-81) is amended as + follows: + (A) In section 144 (125 Stat. 1325)-- + (i) in subsection (a), by striking ``the + Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``the + Under Secretary of Defense for Acquisition and + Sustainment''; and + (ii) in subsection (b)(4), by striking + ``the Assistant Secretary of Defense for + Research and Engineering'' and inserting ``the + Under Secretary of Defense for Research and + Engineering''. + (B) In section 836(a)(2) (22 U.S.C. 2767 note), by + striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics, the Assistant + Secretary of Defense for Research and Engineering,'' + and inserting ``the Under Secretary of Defense for + Research and Engineering, the Under Secretary of + Defense for Acquisition and Sustainment,''. + (C) In section 838(2)(B) (125 Stat. 1509), by + striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (8) Public law 111-383.--Section 882(b) of the Ike Skelton + National Defense Authorization Act for Fiscal Year 2011 (10 + U.S.C. 2222 note) is amended by striking ``The Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``The Under Secretary of Defense for Acquisition and + Sustainment''. + (9) Public law 110-417.--Section 814 of the Duncan Hunter + National Defense Authorization Act for Fiscal Year 2009 (Public + Law 110-417; 122 Stat. 4528) is amended-- + (A) in subsection (b)(2)-- + (i) by redesignating subparagraphs (B) + through (H) as subparagraphs (C) through (I), + respectively; + (ii) by striking subparagraph (A); and + (iii) by inserting before subparagraph (C), + as redesignated by clause (i), the following + new subparagraphs: + ``(A) The Office of the Under Secretary of Defense + for Research and Engineering. + ``(B) The Office of the Under Secretary of Defense + for Acquisition and Sustainment.''; and + (B) in subsection (c)(5), in the flush matter + following subparagraph (B), by striking ``the Under + Secretary of Defense for Acquisition, Technology, and + Logistics certifies to the congressional defense + committees, and includes'' and inserting ``the Under + Secretary of Defense for Research and Engineering and + the Under Secretary of Defense for Acquisition and + Sustainment jointly certify to the congressional + defense committees, and include''. + (10) Public law 110-181.--The National Defense + Authorization Act for Fiscal Year 2008 (Public Law 110-181) is + amended as follows: + (A) In section 231(a) (10 U.S.C. 1701 note), by + striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (B) In section 802(a)(3)(C) (10 U.S.C. 2410p note), + by striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Acquisition and + Sustainment''. + (C) In section 821(a) (10 U.S.C. 2304 note), by + striking ``The Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting + ``The Under Secretary of Defense for Acquisition and + Sustainment''. + (D) In section 2864 (10 U.S.C. 2911 note), by + striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' each place it + appears and inserting ``the Under Secretary of Defense + for Acquisition and Sustainment''. + (c) Recommendations for Legislative Action.--Not later than 14 days +after the President submits to Congress the budget for fiscal year 2021 +pursuant to section 1105 of title 31, United States Code, the Under +Secretary of Defense (Comptroller) shall submit to the congressional +defense committees such recommendations for legislative action as the +Under Secretary considers appropriate to implement the recommendations +of the report required by section 901 of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 +Stat. 1920). + + TITLE LX--GENERAL MATTERS + +SEC. 6001. 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.--Of the amounts + authorized to be appropriated for the + Environmental Protection Agency, + $35,000,000 shall be available to carry + out this subparagraph, to remain + available until expended. + ``(II) Requirement.--Research + carried out using amounts made + available under subclause (I) may not + duplicate research funded by the + Department of Energy. + ``(vi) Termination of authority.--The Board + and all authority provided under this + subparagraph shall terminate not later than 10 + years after the date of enactment of the USE IT + Act. + ``(C) Carbon dioxide utilization research.-- + ``(i) Definition of carbon dioxide + utilization.--In this subparagraph, the term + `carbon dioxide utilization' refers to + technologies or approaches that lead to the use + of carbon dioxide-- + ``(I) through the fixation of + carbon dioxide through photosynthesis + or chemosynthesis, such as through the + growing of algae or bacteria; + ``(II) through the chemical + conversion of carbon dioxide to a + material or chemical compound in which + the carbon dioxide is securely stored; + or + ``(III) through the use of carbon + dioxide for any other purpose for which + a commercial market exists, as + determined by the Administrator. + ``(ii) Program.--The Administrator, in + consultation with the Secretary of Energy, + shall carry out a research and development + program for carbon dioxide utilization to + promote existing and new technologies that + transform carbon dioxide generated by + industrial processes into a product of + commercial value, or as an input to products of + commercial value. + ``(iii) Technical and financial + assistance.--Not later than 2 years after the + date of enactment of the USE IT Act, in + carrying out this subsection, the + Administrator, in consultation with the + Secretary of Energy, shall support research and + infrastructure activities relating to carbon + dioxide utilization by providing technical + assistance and financial assistance in + accordance with clause (iv). + ``(iv) Eligibility.--To be eligible to + receive technical assistance and financial + assistance under clause (iii), a carbon dioxide + utilization project shall-- + ``(I) have access to an emissions + stream generated by a stationary source + within the United States that is + capable of supplying not less than 250 + metric tons per day of carbon dioxide + for research; + ``(II) have access to adequate + space for a laboratory and equipment + for testing small-scale carbon dioxide + utilization technologies, with onsite + access to larger test bays for scale- + up; and + ``(III) have existing partnerships + with institutions of higher education, + private companies, States, or other + government entities. + ``(v) Coordination.--In supporting carbon + dioxide utilization projects under this + paragraph, the Administrator shall consult with + the Secretary of Energy, and, as appropriate, + with the head of any other relevant Federal + agency, States, the private sector, and + institutions of higher education to develop + methods and technologies to account for the + carbon dioxide emissions avoided by the carbon + dioxide utilization projects. + ``(vi) Authorization of appropriations.-- + ``(I) In general.--Of the amounts + authorized to be appropriated for the + Environmental Protection Agency, + $50,000,000 shall be available to carry + out this subparagraph, to remain + available until expended. + ``(II) Requirement.--Research + carried out using amounts made + available under subclause (I) may not + duplicate research funded by the + Department of Energy. + ``(D) Deep saline formation report.-- + ``(i) Definition of deep saline + formation.-- + ``(I) In general.--In this + subparagraph, the term `deep saline + formation' means a formation of + subsurface geographically extensive + sedimentary rock layers saturated with + waters or brines that have a high total + dissolved solids content and that are + below the depth where carbon dioxide + can exist in the formation as a + supercritical fluid. + ``(II) Clarification.--In this + subparagraph, the term `deep saline + formation' does not include oil and gas + reservoirs. + ``(ii) Report.--In consultation with the + Secretary of Energy, and, as appropriate, with + the head of any other relevant Federal agency + and relevant stakeholders, not later than 1 + year after the date of enactment of the USE IT + Act, the Administrator shall prepare, submit to + Congress, and make publicly available a report + that includes-- + ``(I) a comprehensive + identification of potential risks and + benefits to project developers + associated with increased storage of + carbon dioxide captured from stationary + sources in deep saline formations, + using existing research; + ``(II) recommendations, if any, for + managing the potential risks identified + under subclause (I), including + potential risks unique to public land; + and + ``(III) recommendations, if any, + for Federal legislation or other policy + changes to mitigate any potential risks + identified under subclause (I). + ``(E) Report on carbon dioxide nonregulatory + strategies and technologies.-- + ``(i) In general.--Not less frequently than + once every 2 years, the Administrator shall + submit to the Committee on Environment and + Public Works of the Senate and the Committee on + Energy and Commerce of the House of + Representatives a report that describes-- + ``(I) the recipients of assistance + under subparagraphs (B) and (C); and + ``(II) a plan for supporting + additional nonregulatory strategies and + technologies that could significantly + prevent carbon dioxide emissions or + reduce carbon dioxide levels in the + air, in conjunction with other Federal + agencies. + ``(ii) Inclusions.--The plan submitted + under clause (i) shall include-- + ``(I) a methodology for evaluating + and ranking technologies based on the + ability of the technologies to cost + effectively reduce carbon dioxide + emissions or carbon dioxide levels in + the air; and + ``(II) a description of any nonair- + related environmental or energy + considerations regarding the + technologies. + ``(F) GAO report.--The Comptroller General of the + United States shall submit to Congress a report that-- + ``(i) identifies all Federal grant programs + in which a purpose of a grant under the program + is to perform research on carbon capture and + utilization technologies, including direct air + capture technologies; and + ``(ii) examines the extent to which the + Federal grant programs identified pursuant to + clause (i) overlap or are duplicative.''. + (c) Report.--Not later than 1 year after the date of enactment of +this Act, the Administrator of the Environmental Protection Agency +(referred to in this section as the ``Administrator'') shall submit to +Congress a report describing how funds appropriated to the +Administrator during the 5 most recent fiscal years have been used to +carry out section 103 of the Clean Air Act (42 U.S.C. 7403), including +a description of-- + (1) the amount of funds used to carry out specific + provisions of that section; and + (2) the practices used by the Administrator to + differentiate funding used to carry out that section, as + compared to funding used to carry out other provisions of law. + (d) Inclusion of Carbon Capture Infrastructure Projects.--Section +41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended-- + (1) in subparagraph (A)-- + (A) in the matter preceding clause (i), by + inserting ``carbon capture,'' after ``manufacturing,''; + (B) in clause (i)(III), by striking ``or'' at the + end; + (C) by redesignating clause (ii) as clause (iii); + and + (D) by inserting after clause (i) the following: + ``(ii) is covered by a programmatic plan or + environmental review developed for the primary + purpose of facilitating development of carbon + dioxide pipelines; or''; and + (2) by adding at the end the following: + ``(C) Inclusion.--For purposes of subparagraph (A), + construction of infrastructure for carbon capture + includes construction of-- + ``(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. + +SEC. 6002. 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. + +SEC. 6003. 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.''. + +SEC. 6004. 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.''. + +SEC. 6005. 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.''. + +SEC. 6006. 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.''. + +SEC. 6007. 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)''. + +SEC. 6008. IMPROVEMENTS TO NETWORK FOR MANUFACTURING INNOVATION + PROGRAM. + + (a) Alternate Program Name.--Subsection (a) of section 34 of the +National Institute of Standards and Technology Act (15 U.S.C. 278s) is +amended by inserting ``or as `Manufacturing USA''' after ``as the +`Network for Manufacturing Innovation Program'''. + (b) Centers for Manufacturing Innovation.--Subsection (c) of such +section is amended-- + (1) in subparagraphs (B) and (C)(i) of paragraph (1), by + striking ``and tool development for microelectronics'' both + places it appears and inserting ``tool development for + microelectronics, food manufacturing, superconductors, advanced + battery technologies, robotics, advanced sensors, quantum + information science, supply chain water optimization, + aeronautics and advanced materials, and graphene and graphene + commercialization''; + (2) in paragraph (2)(D), by striking ``and minority'' and + inserting ``, minority, and veteran''; and + (3) in paragraph (3)(A), by striking ``, but such'' and all + that follows through ``under subsection (d)''. + (c) Financial Assistance To Establish and Support Centers for +Manufacturing Innovation.--Subsection (d) of such section is amended-- + (1) in paragraph (1) is amended to read as follows: + ``(1) In general.--In carrying out the Program, the + Secretary shall award financial assistance to the following: + ``(A) To a person or group of persons to assist the + person or group of persons in planning, establishing, + or supporting a center for manufacturing innovation. + ``(B) To a center for manufacturing innovation, + including a center that was not established using + Federal funds, to support workforce development, cross- + center projects, and other efforts which support the + purposes of the Program.''; + (2) in paragraphs (2), (3), and (4), by striking ``under + paragraph (1)'' each place it appears and inserting ``under + paragraph (1)(A)''; + (3) in paragraph (4)-- + (A) in subparagraph (C)-- + (i) in clause (i), by striking ``; and'' + and inserting a semicolon; + (ii) in clause (ii)-- + (I) by inserting ``, including + appropriate measures for assessing the + effectiveness of the activities funded + with regards to the center's success in + advancing the current state of the + applicable advanced manufacturing + technology area such as technology + readiness level and manufacturing + readiness level,'' after ``measures''; + and + (II) by striking the period at the + end and inserting a semicolon; and + (iii) by adding at the end the following: + ``(iii) establish standards for the + performance of centers for manufacturing + innovation that are based on the measures + developed under clause (ii); and + ``(iv) for each center for manufacturing + innovation supported by the award, 5 years + after the initial award and every 5 years + thereafter until Federal funding is + discontinued, conduct an assessment of the + center to confirm whether the performance of + the center is meeting the standards for + performance established under clause (iii).''; + (B) in subparagraph (D), by inserting ``, + including, as appropriate, the Department of + Agriculture, the Department of Defense, the Department + of Education, the Department of Energy, the Department + of Labor, the Food and Drug Administration, the + National Aeronautics and Space Administration, the + National Institutes of Health, and the National Science + Foundation'' after ``manufacturing''; and + (C) in subparagraph (E)-- + (i) in clause (ii), by striking ``without + the need for long-term Federal funding''; + (ii) in clause (iii), by striking + ``significantly''; + (iii) in clause (v), by inserting ``and to + improve the domestic supply chain'' after + ``technologies''; and + (iv) in clause (ix), by inserting + ``industrial, research, entrepreneurship, and + other'' after ``leverage the''; + (4) in paragraph (5)-- + (A) by striking subparagraph (A) and inserting the + following: + ``(A) Performance deficiency.-- + ``(i) Notice of deficiency.--If the + Secretary finds that a center for manufacturing + innovation does not meet the standards for + performance established under clause (iii) of + paragraph (4)(C) during an assessment pursuant + to clause (iv) of such paragraph, the Secretary + shall notify the center of any deficiencies in + the performance of the center and provide the + center one year to remedy such deficiencies. + ``(ii) Failure to remedy.--If a center for + manufacturing innovation fails to remedy a + deficiency identified under clause (i) or to + show significant improvement in performance one + year after notification of a performance + deficiency identified under clause (i), the + Secretary shall notify the center that the + center is ineligible for further financial + assistance awarded under paragraph (1) .''; + (B) in subparagraph (B), in the first sentence, by + striking ``large capital facilities or equipment + purchases'' and inserting ``satellite centers, large + capital facilities, equipment purchases, workforce + development, or general operations''; and + (C) by striking subparagraph (C); and + (5) by adding at the end the following: + ``(6) Use of financial assistance.--Financial assistance + awarded under paragraph (1)(B) may be used to carry out + Program-wide activities directed by the Secretary, such as + activities targeting workforce development.''. + (d) Funding.--Subsection (e)(2) of such section is amended-- + (1) by amending subparagraph (A) to read as follows: + ``(A) NIST industrial technical services account.-- + To the extent provided for in advance by appropriations + Acts, the Secretary may use amounts appropriated to the + Institute for Industrial Technical Services account to + carry out this section as follows: + ``(i) For each of the fiscal years 2015 + through 2019, an amount not to exceed + $5,000,000. + ``(ii) For each of fiscal years 2020 + through 2030, such amounts as may be necessary + to carry out this section.''; and + (2) in subparagraph (B), by striking ``through 2024'' and + inserting ``through 2019''. + (e) National Program Office.--Subsection (f) of such section is +amended-- + (1) in paragraph (2)-- + (A) in subparagraph (B)-- + (i) by inserting ``coordinate with and, as + appropriate,'' before ``enter''; and + (ii) by inserting ``including the + Department of Agriculture, the Department of + Defense, the Department of Education, the + Department of Energy, the Department of Labor, + the Food and Drug Administration, the National + Aeronautics and Space Administration, the + National Institutes of Health, and the National + Science Foundation,'' after ``manufacturing,''; + (B) in subparagraph (E), by striking ``; and'' and + inserting a semicolon; + (C) by redesignating subparagraph (F) as + subparagraph (J); and + (D) by inserting after subparagraph (E) the + following: + ``(F) to carry out pilot programs in collaboration + with the centers for manufacturing innovation such as a + laboratory-embedded entrepreneurship program; + ``(G) to provide support services and funding as + necessary to promote workforce development activities; + ``(H) to coordinate with centers for manufacturing + innovation to develop best practices for the membership + agreements and coordination of similar project + solicitations; + ``(I) to collaborate with the Department of Labor, + the Department of Education, industry, career and + technical education schools, local community colleges, + universities, and labor organizations to provide input + for the development of national certifications for + advanced manufacturing workforce skills in the + technology areas of the centers for manufacturing + innovation; and''; + (2) in paragraph (3), by inserting ``State, Tribal, and + local governments,'' after ``community colleges,''; and + (3) in paragraph (5)-- + (A) by striking ``The Secretary'' and inserting the + following: + ``(A) In general.--The Secretary''; and + (B) by adding at the end the following: + ``(B) Liaisons.-- + ``(i) In general.--The Secretary may + provide financial assistance to a manufacturing + extension center established as part of the + Hollings Manufacturing Extension Partnership to + support the purposes of the Program by + providing services in one or more of the + following areas: + ``(I) Cybersecurity awareness and + support services for small- and medium- + sized manufacturers. + ``(II) Assistance with workforce + development. + ``(III) Technology transfer for + small and medium-sized manufacturers. + ``(IV) Such other areas as the + Secretary determines appropriate to + support the purposes of the Program. + ``(ii) Support.--Support under clause (i) + may include the designation of a liaison.''. + (f) Reporting and Auditing.--Subsection (g) of such section is +amended-- + (1) in paragraphs (1) and (2), by striking ``under + subsection (d)(1)'' and inserting ``under subsection + (d)(1)(A)''; + (2) in paragraph (2)(A), by striking ``December 31, 2024'' + and inserting ``December 31, 2030''; and + (3) in paragraph (3)-- + (A) in subparagraph (A)-- + (i) by striking ``2 years'' and inserting + ``3 years''; and + (ii) by striking ``2-year'' and inserting + ``3-year''; and + (B) in subparagraph (B), by striking ``December 31, + 2024'' and inserting ``December 31, 2030''. + (g) Expansion.--Subject to the availability of appropriations, the +Secretary of Commerce shall increase the number of centers for +manufacturing innovation that participate in the Network for +Manufacturing Innovation Program. + +SEC. 6009. REGIONAL INNOVATION PROGRAM. + + Section 27 of the Stevenson-Wydler Technology Innovation Act of +1980 (15 U.S.C. 3722) is amended to read as follows: + +``SEC. 27. REGIONAL INNOVATION PROGRAM. + + ``(a) Definitions.--In this section: + ``(1) Eligible recipient defined.--The term `eligible + recipient' means-- + ``(A) a State; + ``(B) an Indian tribe; + ``(C) a city or other political subdivision of a + State; + ``(D) an entity that is a nonprofit organization, + an institution of higher education, a public-private + partnership, a science or research park, a Federal + laboratory, a venture development organization, or an + economic development organization or similar entity + that is focused primarily on improving science, + technology, innovation, or entrepreneurship; or + ``(E) a consortium of any of the entities described + in subparagraphs (A) through (D). + ``(2) Regional innovation initiative.--The term `regional + innovation initiative' means a geographically-bounded public or + nonprofit activity or program to address issues in the local + innovation systems in order to-- + ``(A) increase the success of innovation-driven + industry; + ``(B) strengthen the competitiveness of industry + through new product innovation and new technology + adoption; + ``(C) improve the pace of market readiness and + overall commercialization of innovative research; + ``(D) enhance the overall innovation capacity and + long-term resilience of the region; and + ``(E) leverage the region's unique competitive + strengths to stimulate innovation and to create jobs. + ``(3) State.--The term `State' means one of the several + States of the United States, the District of Columbia, the + Commonwealth of Puerto Rico, the United States Virgin Islands, + Guam, American Samoa, the Commonwealth of the Northern Mariana + Islands, or any other territory or possession of the United + States. + ``(4) Venture development organization.--The term `venture + development organization' means a State or nonprofit + organization that contributes to regional or sector-based + economic prosperity by providing services for the purposes of-- + ``(A) accelerating the commercialization of + research; + ``(B) strengthening the competitive position of + industry through the development, commercial adoption, + or deployment of technology; and + ``(C) providing financial grants, loans, or direct + financial investment to commercialize technology. + ``(b) Establishment.--The Secretary shall establish a regional +innovation program to encourage and support the development of regional +innovation strategies designed to increase innovation-driven economic +opportunity within their respective regions. + ``(c) Regional Innovation Grants.-- + ``(1) Authorization of grants.--As part of the program + established pursuant to subsection (b), the Secretary may award + grants, on a competitive basis, to eligible recipients for + activities designed to develop and support a regional + innovation initiative. + ``(2) Permissible activities.--A grant awarded under this + subsection shall be used for multiple activities determined + appropriate by the Secretary, including-- + ``(A) improving the connectedness and strategic + orientation of the region through planning, technical + assistance, and communication among participants of a + regional innovation initiative; + ``(B) attracting additional participants to a + regional innovation initiative; + ``(C) increasing the availability and investment of + private and philanthropic financing that supports + innovation-based business ventures; + ``(D) completing the research, development and + introduction of new products, processes, and services + into the commercial market; + ``(E) increasing the number of full-time equivalent + employment opportunities within innovation-based + business ventures in the geographic region; and + ``(F) achieving quantifiable, positive benefits to, + or measurable enhancements for, the economic + performance of the geographic region. + ``(3) Restricted activities.--Grants awarded under this + subsection may not be used to pay for-- + ``(A) costs related to the recruitment, inducement, + or associated financial or tangible incentives that + might be offered to relocate an existing business from + a geographic area to another geographic area; or + ``(B) costs associated with offsetting revenues + forgone by one or more taxing authorities through tax + incentives, tax increment financing, special + improvement districts, tax abatements for private + development within designated zones or geographic + areas, or other reduction in revenues resulting from + tax credits affecting the geographic region of the + eligible recipients. + ``(4) Applications.-- + ``(A) In general.--An eligible recipient shall + submit an application to the Secretary at such time, in + such manner, and containing such information and + assurances as the Secretary may require. + ``(B) Components.--Each application submitted under + subparagraph (A) shall-- + ``(i) describe the regional innovation + initiative; + ``(ii) indicate whether the regional + innovation initiative is supported by the + private sector, State and local governments, + and other relevant stakeholders; + ``(iii) identify what activities the + regional innovation initiative will undertake; + ``(iv) describe the expected outcomes of + the regional innovation initiative and how the + eligible recipient will measure progress toward + those outcomes; + ``(v) indicate whether the participants in + the regional innovation initiative have access + to, or contribute to, a well-trained workforce + and other innovation assets that are critical + to the successful outcomes specified in the + application; + ``(vi) indicate whether the participants in + the regional innovation initiative are capable + of attracting additional funds from non-Federal + sources; and + ``(vii) if appropriate for the activities + proposed in the application, analyze the + likelihood that the participants in the + regional innovation initiative will be able to + sustain activities after grant funds received + under this subsection have been expended. + ``(C) Feedback.--The Secretary shall provide + feedback to program applicants that are not awarded + grants to help them improve future applications. + ``(D) Special considerations.--The Secretary shall + give special consideration to-- + ``(i) applications proposing to include + workforce or training related activities in + their regional innovation initiative from + eligible recipients who agree to collaborate + with local workforce investment area boards; + and + ``(ii) applications from regions that + contain communities negatively impacted by + trade. + ``(5) Cost share.--The Secretary may not provide more than + 50 percent of the total cost of any activity funded under this + subsection. + ``(6) Outreach to rural communities.-- + ``(A) In general.--The Secretary shall conduct + outreach to public and private sector entities in rural + communities to encourage those entities to participate + in regional innovation initiatives under this + subsection. + ``(B) Justification.--As part of the program + established pursuant to subsection (b), the Secretary, + through the Economic Development Administration, shall + submit an annual report to Congress that explains the + balance in the allocation of grants to eligible + recipients under this subsection between rural and + urban areas. + ``(7) Funding.--The Secretary may accept funds from other + Federal agencies to support grants and activities under this + subsection. + ``(d) Regional Innovation Research and Information Program.-- + ``(1) In general.--As part of the program established + pursuant to subsection (b), the Secretary shall establish a + regional innovation research and information program-- + ``(A) to gather, analyze, and disseminate + information on best practices for regional innovation + initiatives, including information relating to how + innovation, productivity, and economic development can + be maximized through such strategies; + ``(B) to provide technical assistance, including + through the development of technical assistance guides, + for the development and implementation of regional + innovation initiatives; + ``(C) to support the development of relevant + metrics and measurement standards to evaluate regional + innovation initiatives, including the extent to which + such strategies stimulate innovation, productivity, and + economic development; and + ``(D) to collect and make available data on + regional innovation initiatives in the United States, + including data on-- + ``(i) the size, specialization, and + competitiveness of regional innovation + initiatives; + ``(ii) the regional domestic product + contribution, total jobs and earnings by key + occupations, establishment size, nature of + specialization, patents, Federal research and + development spending, and other relevant + information for regional innovation + initiatives; and + ``(iii) supply chain product and service + flows within and between regional innovation + initiatives. + ``(2) Research grants.--The Secretary may award research + grants on a competitive basis to support and further the goals + of the program established under this section. + ``(3) Dissemination of information.--Data and analysis + compiled by the Secretary under the program established in this + subsection shall be made available to other Federal agencies, + State and local governments, and nonprofit and for-profit + entities. + ``(4) Regional innovation grant program.--The Secretary + shall incorporate data and analysis relating to any grant + awarded under subsection (c) into the program established under + this subsection. + ``(e) Interagency Coordination.-- + ``(1) In general.--To the maximum extent practicable, the + Secretary shall ensure that the activities carried out under + this section are coordinated with, and do not duplicate the + efforts of, other programs at the Department of Commerce or at + other Federal agencies. + ``(2) Collaboration.-- + ``(A) In general.--The Secretary shall explore and + pursue collaboration with other Federal agencies, + including through multi-agency funding opportunities, + on regional innovation strategies. + ``(B) Small businesses.--The Secretary shall ensure + that such collaboration with Federal agencies + prioritizes the needs and challenges of small + businesses. + ``(f) Evaluation.-- + ``(1) In general.--Not later than 5 years after Congress + first appropriates funds to carry out this section, the + Secretary shall competitively award a contract with an + independent entity to conduct an evaluation of programs + established under this section. + ``(2) Requirements.--The evaluation conducted under + paragraph (1) shall include-- + ``(A) an assessment of whether the program is + achieving its goals; + ``(B) the program's efficacy in providing awards to + geographically diverse entities; + ``(C) any recommendations for how the program may + be improved; and + ``(D) a recommendation as to whether the program + should be continued or terminated. + ``(g) Reporting Requirement.--Not later than 5 years after the +first grant is awarded under subsection (c), and every 5 years +thereafter until 5 years after the last grant recipient completes the +regional innovation initiative for which such grant was awarded, the +Secretary shall submit a report to Congress that describes the outcome +of each regional innovation initiative that was completed during the +previous 5 years. + ``(h) Funding.--From amounts appropriated by Congress for economic +development assistance authorized under section 27 of the Stevenson- +Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), the +Secretary may use up to $50,000,000 in each of the fiscal years 2020 +through 2024 to carry out this section.''. + +SEC. 6010. 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. + +SEC. 6011. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE + EFFECTS OF CONTINUING RESOLUTIONS ON READINESS AND + PLANNING OF THE DEPARTMENT OF DEFENSE. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the congressional defense committees a report setting +forth a description and assessment of the effects of continuing +resolutions on readiness and planning of the Department of Defense. + (b) Elements.--The report required by subsection (a) shall address +the following: + (1) The extent to which the acquisition of goods and + services, the support of operational systems, and the + stewardship of installations and facilities by the Department + of Defense are impacted by continuing resolutions, including + the following: + (A) The extent to which continuing resolutions + negatively impact contract fidelity, including + Department purchasing power, and Department leverage in + non-pecuniary contract terms such as contract type and + delivery date. + (B) The extent to which the Department pays more, + all other things being equal, because of frequent + continuing resolutions. + (C) An estimate of the total decrease in Department + purchasing power as a result of continuing resolutions. + (D) The extent to which continuing resolutions + negatively impact Department maintenance work. + (2) The effects of preparations for and operations of + Department personnel under continuing resolutions, including + the following: + (A) The time spent by Senior Executive Service + personnel and general and flag officers in preparations + for and responses to the enactment of continuing + resolutions, set forth by average per year and average + per continuing resolution. + (B) The time spent by other Department personnel in + preparations for and implementation of continuing + resolutions. + (C) The extent to which Department personnel take + more time to focus on budget execution under a + continuing resolution when compared with a full year + appropriation. + (D) The extent to which continuing resolutions + negatively impact the ability of managers at the + Department to hire. + (3) The funding issues of the Department associated with + continuing resolutions, including the extent to which the + Department has requested so-called ``anomalies'' or exceptions + to limitations on duration, amount, or purposes of funds that + otherwise apply to interim funding under continuing + resolutions, including the following (beginning with fiscal + year 2010): + (A) The number and absolute value of programs + affected by continuing resolutions restrictions on new + starts. + (B) The number and absolute value of programs + affected by continuing resolutions restrictions on + production increases. + (C) The number and absolute value of such + exceptions requested by the Department. + (D) The percentage of such exceptions, in both + numbers and dollar amount, included in continuing + resolutions. + (E) The total cumulative delay due to continuing + resolutions in programs funded through procurement or + research, development, test, and evaluation. + (F) The amount by which the budget of the + Department has been misaligned either between or within + accounts due to continuing resolutions, set forth by + budget category 050 and amount, together with + adjustments for length of the continuing resolution + concerned. + (c) Continuing Resolution Defined.--In this section, the term +``continuing resolution'' means a continuing resolution or similar +partial-year appropriation providing funds for the Department of +Defense pending enactment of a full-year appropriation for the +Department. + +SEC. 6012. 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 circumstances 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. + +SEC. 6013. REPORT ON IMPACT OF LIBERIAN NATIONALS ON THE NATIONAL + SECURITY, FOREIGN POLICY, AND ECONOMIC AND HUMANITARIAN + INTERESTS OF THE UNITED STATES AND A JUSTIFICATION FOR + ADJUSTMENT OF STATUS OF QUALIFYING LIBERIANS TO THAT OF + LAWFUL PERMANENT RESIDENTS. + + (a) Findings.--Congress makes the following findings: + (1) In 1989, a seven-year civil war broke out in Liberia + that-- + (A) claimed the lives of an estimated 200,000 + people; + (B) displaced over \1/2\ of the Liberian + population; + (C) halted food production; and + (D) destroyed the infrastructure and economy of + Liberia. + (2) A second civil war then followed from 1999 to 2003, + further destabilizing Liberia and creating more turmoil and + hardship for Liberians. + (3) In total, the two civil wars in Liberia killed up to an + estimated \1/4\ million individuals. + (4) From 2014 to 2016, Liberia faced an Ebola virus + outbreak that devastated the fragile health system of Liberia + and killed nearly 5,000 individuals. + (5) As a result of these devastating events, thousands of + Liberians sought refuge in the United States, living and + working here under Temporary Protected Status (TPS) and + Deferred Enforced Departure (DED), extended under both + Republican and Democratic administrations beginning in 1991 + with the administration of President George H. W. Bush. + (6) These law-abiding and taxpaying Liberians have made + homes in the United States, have worked hard, played by the + rules, paid their dues, and submitted to rigorous vetting. Many + such Liberians have United States citizen children who have + served in the Armed Forces, and in some cases have themselves + served in that capacity. + (7) The Liberian community in the United States has also + contributed greatly to private sector investment and + socioeconomic assistance in Liberia by providing remittances to + relatives in Liberia. + (8) While there was a positive development in 2017 with the + first democratic transfer of power in more than 70 years, the + Department of State has identified the capital and most + populous city of Liberia, Monrovia, as being a critical-threat + location for crime. Access to healthcare remains limited, + critical infrastructure is lacking, and widespread corruption + coupled with low wages and a weak economic recovery has left + the country vulnerable to civil unrest. + (b) Report.-- + (1) In general.--Not later than December 31, 2019, the + Secretary of Defense, in consultation with the Secretary of + State, shall submit to the congressional defense committees a + report on the impact of Liberian nationals on the national + security, foreign policy, and economic, and humanitarian + interests of the United States and a justification for + adjustment of status of qualifying Liberians to that of lawful + permanent residents. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) The number of current or former Liberian + nationals and their children who have served or are + currently serving in the Armed Forces. + (B) The amount of remittances sent by current or + former Liberian nationals to relatives in Liberia and + an assessment of the impact on the economic development + of Liberia if these remittances were to cease. + (C) The economic and tax contributions that + Liberian nationals and their children have made to the + United States. + (D) An assessment of the impact on the United + States of adjusting the status of Liberian nationals + who have continuous physical presence in the United + States beginning on November 20, 2014, and ending on + the date of the enactment of this Act, or for adjusting + the status of the spouses, children, and unmarried sons + or daughters of such Liberian nationals. + (c) Qualifying Liberian.-- + (1) In general.--In this section, the term ``qualifying + Liberian'' means and alien (as defined in section 101(a) of the + Immigration and Nationality Act (8 U.S.C. 1101(a)) who-- + (A)(i) is a national of Liberia; and + (ii) has been continuously present in the United + States during the period beginning on November 20, + 2014, and ending on the date of the enactment of this + Act; + (B) is the spouse, child, or unmarried son or + daughter of an alien described in subparagraph (A); + (C) is otherwise eligible to receive an immigrant + visa; and + (D) is admissible to the United States for + permanent residence, except that the grounds of + inadmissibility specified in paragraphs (4), (5), + (6)(A), and (7)(A) of section 212(a) of the Immigration + and Nationality Act (8 U.S.C. 1182(a)) shall not apply. + (2) Exceptions.--The term ``qualifying Liberian'' does not + include any alien who-- + (A) has been convicted of any aggravated felony; + (B) has been convicted of 2 or more crimes + involving moral turpitude (other than a purely + political offense); or + (C) has ordered, incited, assisted, or otherwise + participated in the persecution of any person on + account of race, religion, nationality, membership in a + particular social group, or political opinion. + (3) Determination of continuous physical presence.--For + purposes of establishing the period of continuous physical + presence referred to in paragraph (1)(A)(ii), an alien shall + not be considered to have failed to maintain continuous + physical presence based on 1 or more absences from the United + States for 1 or more periods amounting, in the aggregate, to + not more than 180 days. + +SEC. 6014. IMPROVING QUALITY OF INFORMATION IN BACKGROUND INVESTIGATION + REQUEST PACKAGES. + + (a) Report on Metrics and Best Practices.--Not later than 180 days +after the date of the enactment of this Act, the Director of the +Defense Counterintelligence and Security Agency, which serves as the +primary executive branch service provider for background investigations +for eligibility for access to classified information, eligibility to +hold a sensitive position, and for suitability and fitness for other +matters pursuant to Executive Order 13467 (50 U.S.C. 3161 note; +relating to reforming processes related to suitability for Government +employment, fitness for contractor employees, and eligibility for +access to classified national security information), shall, in +consultation with the Security, Suitability, and Credentialing +Performance Accountability Council established under such executive +order, submit to Congress a report on-- + (1) metrics for assessing the completeness and quality of + packages for background investigations submitted by agencies + requesting background investigations from the Defense + Counterintelligence and Security Agency; + (2) rejection rates of background investigation submission + packages due to incomplete or erroneous data, by agency; and + (3) best practices for ensuring full and complete + information in background investigation requests. + (b) Annual Report on Performance.--Not later than 270 days after +the date of the enactment of this Act and not less frequently than once +each year thereafter, the Security, Suitability, and Credentialing +Performance Accountability Council shall submit to Congress a report on +performance against the metrics and return rates identified in +paragraphs (1) and (2) of subsection (a). + (c) Improvement Plans.-- + (1) Identification.--Not later than one year after the date + of the enactment of this Act, executive agents under Executive + Order 13467 (50 U.S.C. 3161 note) shall identify agencies in + need of improvement with respect to the quality of the + information in the background investigation submissions of the + agencies as reported in subsection (b). + (2) Plans.--Not later than 90 days after an agency is + identified under paragraph (1), the head of the agency shall + provide the executive agents referred to in such paragraph with + a plan to improve the performance of the agency with respect to + the quality of the information in the agency's background + investigation submissions. + +SEC. 6015. 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.''. + +SEC. 6016. SENSE OF CONGRESS ON THE NAMING OF A NAVAL VESSEL IN HONOR + OF SENIOR CHIEF PETTY OFFICER SHANNON KENT. + + (a) Findings.--Congress makes the following findings: + (1) Senior Chief Petty Officer Shannon M. Kent was born in + Owego, New York. + (2) Senior Chief Petty Officer Kent enlisted in the United + States Navy on December 10, 2003. + (3) Senior Chief Petty Officer Kent was fluent in four + languages and four dialects of Arabic. + (4) Senior Chief Petty Officer Kent served five combat + tours throughout 15 years of service in the Navy. + (5) On January 16, 2019, at 35 years of age, Senior Chief + Petty Officer Kent was killed in a suicide bombing in Manbij, + Syria, while supporting Joint Task Force-Operation Inherent + Resolve. + (6) Senior Chief Petty Officer Kent was the recipient of + the Bronze Star, the Purple Heart, two Joint Service + Commendation Medals, the Navy and Marine Corps Commendation + Medal, the Army Commendation Medal, and the Joint Service + Achievement Medal, among other decorations and awards. + (7) Senior Chief Petty Officer Kent was among the first + women to deploy with Special Operations Forces and was the + first female to graduate from the hard skills program for non- + SEALs. + (8) Senior Chief Petty Officer Kent is survived by her + husband and two children. + (b) Sense of Congress.--It is the sense of Congress that the +Secretary of the Navy should name the next available naval vessel +appropriate for such name in honor of Senior Chief Petty Officer +Shannon Kent. + +SEC. 6017. AUTHORIZATION OF APPROPRIATIONS FOR DEFENSE PRODUCTION ACT + OF 1950. + + Section 711 of the Defense Production Act of 1950 (50 U.S.C. 4561) +is amended by striking ``$133,000,000'' and all that follows and +inserting the following: ``for the carrying out of the provisions and +purposes of this Act by the President and such agencies as he may +designate or create-- + ``(1) $250,000,000 for each of fiscal years 2020 through + 2024; and + ``(2) $133,000,000 for fiscal year 2025 and each fiscal + year thereafter.''. + +SEC. 6018. INVESTMENT IN SUPPLY CHAIN SECURITY UNDER DEFENSE PRODUCTION + ACT OF 1950. + + (a) In General.--Section 303 of the Defense Production Act of 1950 +(50 U.S.C. 4533) is amended by adding at the end the following: + ``(h) Investment in Supply Chain Security.-- + ``(1) In general.--The President may make available to an + eligible entity described in paragraph (2) payments to increase + the security of supply chains and supply chain activities, if + the President certifies to Congress not less than 30 days + before making such a payment that the payment is in the + national security interests of the United States. + ``(2) Eligible entity.--An eligible entity described in + this paragraph is an entity that-- + ``(A) is organized under the laws of the United + States or any jurisdiction within the United States; + and + ``(B) produces-- + ``(i) one or more critical components; + ``(ii) critical technology; or + ``(iii) one or more products for the + increased security of supply chains or supply + chain activities. + ``(3) Definitions.--In this subsection, the terms `supply + chain' and `supply chain activities' have the meanings given + those terms by the President by regulation under section + 6019(b) of the National Defense Authorization Act for Fiscal + Year 2020.''. + (b) Regulations.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the President shall prescribe + regulations setting forth definitions for the terms ``supply + chain'' and ``supply chain activities'' for the purposes of + section 303(h) of the Defense Production Act of 1950 (50 U.S.C. + 4533(h)), as added by subsection (a). + (2) Scope of definitions.--The definitions required by + paragraph (1)-- + (A) shall encompass-- + (i) the organization, people, activities, + information, and resources involved in the + delivery and operation of a product or service + used by the Government; or + (ii) critical infrastructure as defined in + Presidential Policy Directive 21 (February 12, + 2013; relating to critical infrastructure + security and resilience); and + (B) may include variations for specific sectors or + Government functions. + +SEC. 6019. AVIATION WORKFORCE DEVELOPMENT. + + (a) In General.--Section 625(c)(1) of the FAA Reauthorization Act +of 2018 (Public Law 115-254) is amended-- + (1) in subparagraph (C), by striking ``or'' after the + semicolon; + (2) in subparagraph (D), by striking the period and + inserting ``; or''; and + (3) by adding at the end the following: + ``(E) an organization representing aircraft users, + aircraft owners, or aircraft pilots.''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect as if included in the enactment of the FAA Reauthorization +Act of 2018 (Public Law 115-254). + +SEC. 6020. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA. + + (a) Findings.--Congress finds that-- + (1) the Little Shell Tribe of Chippewa Indians is a + political successor to signatories of the Pembina Treaty of + 1863, under which a large area of land in the State of North + Dakota was ceded to the United States; + (2) the Turtle Mountain Band of Chippewa of North Dakota + and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of + Montana, which also are political successors to the signatories + of the Pembina Treaty of 1863, have been recognized by the + Federal Government as distinct Indian tribes; + (3) the members of the Little Shell Tribe continue to live + in the State of Montana, as their ancestors have for more than + 100 years since ceding land in the State of North Dakota as + described in paragraph (1); + (4) in the 1930s and 1940s, the Tribe repeatedly petitioned + the Federal Government for reorganization under the Act of June + 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the + ``Indian Reorganization Act''); + (5) Federal agents who visited the Tribe and Commissioner + of Indian Affairs John Collier attested to the responsibility + of the Federal Government for the Tribe and members of the + Tribe, concluding that members of the Tribe are eligible for, + and should be provided with, trust land, making the Tribe + eligible for reorganization under the Act of June 18, 1934 (25 + U.S.C. 5101 et seq.) (commonly known as the ``Indian + Reorganization Act''); + (6) due to a lack of Federal appropriations during the + Depression, the Bureau of Indian Affairs lacked adequate + financial resources to purchase land for the Tribe, and the + members of the Tribe were denied the opportunity to reorganize; + (7) in spite of the failure of the Federal Government to + appropriate adequate funding to secure land for the Tribe as + required for reorganization under the Act of June 18, 1934 (25 + U.S.C. 5101 et seq.) (commonly known as the ``Indian + Reorganization Act''), the Tribe continued to exist as a + separate community, with leaders exhibiting clear political + authority; + (8) the Tribe, together with the Turtle Mountain Band of + Chippewa of North Dakota and the Chippewa-Cree Tribe of the + Rocky Boy's Reservation of Montana, filed 2 law suits under the + Act of August 13, 1946 (60 Stat. 1049) (commonly known as the + ``Indian Claims Commission Act''), to petition for additional + compensation for land ceded to the United States under the + Pembina Treaty of 1863 and the McCumber Agreement of 1892; + (9) in 1971 and 1982, pursuant to Acts of Congress, the + tribes received awards for the claims described in paragraph + (8); + (10) in 1978, the Tribe submitted to the Bureau of Indian + Affairs a petition for Federal recognition, which is still + pending as of the date of enactment of this Act; and + (11) the Federal Government, the State of Montana, and the + other federally recognized Indian tribes of the State have had + continuous dealings with the recognized political leaders of + the Tribe since the 1930s. + (b) Definitions.--In this section: + (1) Member.--The term ``member'' means an individual who is + enrolled in the Tribe pursuant to subsection (f). + (2) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (3) Tribe.--The term ``Tribe'' means the Little Shell Tribe + of Chippewa Indians of Montana. + (c) Federal Recognition.-- + (1) In general.--Federal recognition is extended to the + Tribe. + (2) Effect of federal laws.--Except as otherwise provided + in this section, all Federal laws (including regulations) of + general application to Indians and Indian tribes, including the + Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known + as the ``Indian Reorganization Act''), shall apply to the Tribe + and members. + (d) Federal Services and Benefits.-- + (1) In general.--Beginning on the date of enactment of this + Act, the Tribe and each member shall be eligible for all + services and benefits provided by the United States to Indians + and federally recognized Indian tribes, without regard to-- + (A) the existence of a reservation for the Tribe; + or + (B) the location of the residence of any member on + or near an Indian reservation. + (2) Service area.--For purposes of the delivery of services + and benefits to members, the service area of the Tribe shall be + considered to be the area comprised of Blaine, Cascade, + Glacier, and Hill Counties in the State of Montana. + (e) Reaffirmation of Rights.-- + (1) In general.--Nothing in this section diminishes any + right or privilege of the Tribe or any member that existed + before the date of enactment of this Act. + (2) Claims of tribe.--Except as otherwise provided in this + section, nothing in this section alters or affects any legal or + equitable claim of the Tribe to enforce any right or privilege + reserved by, or granted to, the Tribe that was wrongfully + denied to, or taken from, the Tribe before the date of + enactment of this Act. + (f) Membership Roll.-- + (1) In general.--As a condition of receiving recognition, + services, and benefits pursuant to this section, the Tribe + shall submit to the Secretary, by not later than 18 months + after the date of enactment of this Act, a membership roll + consisting of the name of each individual enrolled as a member + of the Tribe. + (2) Determination of membership.--The qualifications for + inclusion on the membership roll of the Tribe shall be + determined in accordance with sections 1 through 3 of article 5 + of the constitution of the Tribe dated September 10, 1977 + (including amendments to the constitution). + (3) Maintenance of roll.--The Tribe shall maintain the + membership roll under this subsection. + (g) Acquisition of Land.-- + (1) Homeland.--The Secretary shall acquire, for the benefit + of the Tribe, trust title to 200 acres of land within the + service area of the Tribe to be used for a tribal land base. + (2) Additional land.--The Secretary may acquire additional + land for the benefit of the Tribe pursuant to section 5 of the + Act of June 18, 1934 (25 U.S.C. 5108) (commonly known as the + ``Indian Reorganization Act''). + +SEC. 6021. PENSACOLA DAM AND RESERVOIR, GRAND RIVER, OKLAHOMA. + + (a) Purpose.--The purpose of this section is to clarify Federal +authorities and responsibilities relating to the Pensacola Dam and +Reservoir. + (b) Definitions.--In this section: + (1) Commission.--The term ``Commission'' means the Federal + Energy Regulatory Commission. + (2) Conservation pool.--The term ``conservation pool'' + means all land and water of Grand Lake O' the Cherokees, + Oklahoma, below elevation 745 feet (Pensacola Datum). + (3) Flood pool.--The term ``flood pool'' means all land and + water of Grand Lake O' the Cherokees, Oklahoma, between + elevation 745 feet and elevation 755 feet (Pensacola Datum). + (4) Project.--The term ``project'' means the Pensacola + Hydroelectric Project (FERC No. 1494). + (5) Secretary.--The term ``Secretary'' means the Secretary + of the Army. + (c) Conservation Pool Management.-- + (1) Federal land.--Notwithstanding section 3(2) of the + Federal Power Act (16 U.S.C. 796(2)), Federal land within the + project boundary, including any right, title, or interest in or + to land held by the United States for any purpose, shall not be + considered to be-- + (A) a reservation for purposes of section 4(e) of + that Act (16 U.S.C. 797(e)); + (B) land or other property of the United States for + purposes of recompensing the United States for the use, + occupancy, or enjoyment of the land under section + 10(e)(1) of that Act (16 U.S.C. 803(e)(1)); or + (C) land of the United States for purposes of + section 24 of that Act (16 U.S.C. 818). + (2) License conditions.-- + (A) In general.--Notwithstanding any other + provision of law, the Commission shall not include in + any license for the project any condition or other + requirement relating to-- + (i) surface elevations of the conservation + pool; or + (ii) the flood pool (except to the extent + it references flood control requirements + prescribed by the Secretary); or + (iii) land or water above an elevation of + 750 feet (Pensacola Datum) + (B) Exception.--Notwithstanding subparagraph + (A)(i), the Commission shall, in consultation with the + licensee, prescribe flexible target surface elevations + of the conservation pool to the extent necessary for + the protection of life, health, property, or the + environment. + (3) Project scope.-- + (A) Licensing jurisdiction.--The licensing + jurisdiction of the Commission for the project shall + not extend to any land or water outside the project + boundary. + (B) Outside infrastructure.--Any land, water, or + physical infrastructure or other improvement outside + the project boundary shall not be considered to be part + of the project. + (C) Boundary amendment.-- + (i) In general.--The Commission shall amend + the project boundary only on request of the + project licensee. + (ii) Denial of request.--The Commission may + deny a request to amend a project boundary + under clause (i) if the Commission determines + that the request is inconsistent with the + requirements of part I of the Federal Power Act + (16 U.S.C. 792 et seq.). + (d) Flood Pool Management.-- + (1) Exclusive jurisdiction.--Notwithstanding any other + provision of law, the Secretary shall have exclusive + jurisdiction and responsibility for management of the flood + pool for flood control operations at Grand Lake O' the + Cherokees. + (2) Property acquisition.--If a feasibility study or other + investigation determines that flood control operations at or + associated with Pensacola Dam, including any backwater effect, + may result in the inundation of, or damage to, land outside the + project boundary to which the United States does not hold + flowage rights or holds insufficient flowage rights, the + project licensee shall not have any obligation to obtain or + enhance those flowage rights. + (e) Savings Provision.--Nothing in this section affects, with +respect to the project-- + (1) any authority or obligation of the Secretary or the + Chief of Engineers pursuant to section 2 of the Act of June 28, + 1938 (commonly known as the ``Flood Control Act of 1938'') (33 + U.S.C. 701c-1); + (2) any authority of the Secretary or the Chief of + Engineers pursuant to section 7 of the Act of December 22, 1944 + (commonly known as the ``Flood Control Act of 1944'') (33 + U.S.C. 709); + (3) any obligation of the United States to obtain flowage + or other property rights pursuant to the Act of July 31, 1946 + (60 Stat. 743, chapter 710); + (4) any obligation of the United States to acquire flowage + or other property rights for additional reservoir storage + pursuant to Executive Order 9839 (12 Fed. Reg. 2447; relating + to the Grand River Dam Project); + (5) any authority of the Secretary to acquire real property + interest pursuant to section 560 of the Water Resources + Development Act of 1996 (Public Law 104-303; 110 Stat. 3783); + (6) any obligation of the Secretary to conduct and pay the + cost of a feasibility study pursuant to section 449 of the + Water Resources Development Act of 2000 (Public Law 106-541; + 114 Stat. 2641); + (7) the National Flood Insurance Program established under + the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et + seq.), including any policy issued under that Act; or + (8) any disaster assistance made available under the Robert + T. Stafford Disaster Relief and Emergency Assistance Act (42 + U.S.C. 5121 et seq.) or other Federal disaster assistance + program. + + TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS + +SEC. 6201. STATEMENT OF POLICY AND SENSE OF SENATE ON MUTUAL DEFENSE + TREATY WITH THE REPUBLIC OF THE PHILIPPINES. + + (a) Statement of Policy.--It is the policy of the United States +that-- + (1) while the United States has long adopted an approach + that takes no position on the ultimate disposition of the + disputed sovereignty claims in the South China Sea, disputing + States should-- + (A) resolve their disputes peacefully without the + threat or use of force; and + (B) ensure that their maritime claims are + consistent with international law; and + (2) an attack on the armed forces, public vessels, or + aircraft of the Republic of the Philippines in the Pacific, + including the South China Sea, would trigger the mutual defense + obligations of the United States under Article IV of the Mutual + Defense Treaty between the Republic of the Philippines and the + United States of America, done at Washington August 30, 1951, + ``to meet common dangers in accordance with its constitutional + processes''. + (b) Sense of Senate.--It is the sense of the Senate that the +Secretary of State and the Secretary of Defense should-- + (1) affirm the commitment of the United States to the + Mutual Defense Treaty between the United States and the + Republic of the Philippines; + (2) preserve and strengthen the alliance of the United + States with the Republic of the Philippines; + (3) prioritize efforts to develop a shared understanding of + alliance commitments and defense planning; and + (4) provide appropriate support to the Republic of the + Philippines to strengthen the self-defense capabilities of the + Republic of the Philippines, particularly in the maritime + domain. + +SEC. 6202. 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. + +SEC. 6203. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY FOR GLOBAL SECURITY + CONTINGENCY FUND. + + (a) Ineffectiveness of Section 1203.--Section 1203, and the +amendments made by that section, shall have no force or effect. + (b) Two-year Extension and Availability of Funds.--Section 1207 of +the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. +2151 note) is amended-- + (1) in subsection (i)-- + (A) in paragraph (1), by striking ``September 30, + 2019'' and inserting ``September 30, 2021''; and + (B) by amending paragraph (2) to read as follows: + ``(2) Exception.--Amounts appropriated and transferred to + the Fund before September 30, 2019, shall remain available for + obligation and expenditure after that date, but only for + activities under programs commenced under subsection (b) before + September 30, 2019.''; and + (2) in subsection (o)-- + (A) in the first sentence, by striking ``September + 30, 2019'' and inserting ``September 30, 2021''; and + (B) in the second sentence, by striking ``through + 2019'' and inserting ``through 2021''. + +SEC. 6204. 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. + +SEC. 6205. UNITED STATES-INDIA DEFENSE COOPERATION IN THE WESTERN + INDIAN OCEAN. + + (a) Report.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall + submit to the relevant congressional committees a report on + defense cooperation between the United States and India in the + Western Indian Ocean. + (2) Matters to be included.--The report required by + paragraph (1) shall include the following: + (A) A description of military activities of the + United States and India, separately, in the Western + Indian Ocean. + (B) A description of military cooperation + activities between the United States and India in the + areas of humanitarian assistance, counter terrorism, + counter piracy, maritime security, and other areas as + the Secretary determines appropriate. + (C) A description of how the relevant geographic + combatant commands coordinate their activities with the + Indian military in the Western Indian Ocean. + (D) A description of the mechanisms in place to + ensure the relevant geographic combatant commands + maximize defense cooperation with India in the Western + Indian Ocean. + (E) Areas of future opportunity to increase + military engagement with India in the Western Indian + Ocean. + (3) Form.--The report required by paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + (b) Military Cooperation Agreements; Conduct of Regular Joint +Military Training and Operations.--The Secretary of Defense is +authorized to enter into military cooperation agreements and to conduct +regular joint military training and operations with India in the +Western Indian Ocean on behalf of the United States Government, and +after consultation with the Secretary of State. + (c) Mechanisms to Maximize Defense Cooperation.--The Secretary of +Defense shall ensure that the relevant geographic combatant commands +have proper mechanisms in place to maximize defense cooperation with +India in the Western Indian Ocean. + (d) Definitions.--In this section: + (1) Relevant congressional committees.--The term ``relevant + congressional committees'' means-- + (A) the Committee on Foreign Affairs, the Committee + on Armed Services, and the Committee on Appropriations + of the House of Representatives; and + (B) the Committee on Foreign Relations, the + Committee on Armed Services, and the Committee on + Appropriations of the Senate. + (2) Relevant geographic combatant commands.--The term + ``relevant geographic combatant commands'' means the United + States Indo-Pacific Command, United States Central Command, and + United States Africa Command. + (3) Western indian ocean.--The term ``Western Indian + Ocean'' means the area in the Indian Ocean extending from the + west coast of India to the east coast of Africa. + +SEC. 6206. 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). + +SEC. 6207. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES WITH + CERTAIN BENEFICIAL OWNERSHIP STRUCTURES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Commerce, in consultation with +the heads of appropriate agencies, shall submit to the appropriate +congressional committees a report on addressing the threat or potential +threat posed by the export, reexport, or in-country transfer of +satellites described in section 1261(c)(1) of the National Defense +Authorization Act for Fiscal Year 2013 (Public Law 112-239; 22 U.S.C. +2778 note) to entities described in subsection (b). + (b) Entities Described.-- + (1) In general.--An entity described in this subsection is + an entity the beneficial owner of which is-- + (A) an individual who is a citizen or national of a + country described in section 1261(c)(2) of the National + Defense Authorization Act for Fiscal Year 2013; + (B) an entity organized under the laws of or + otherwise subject to the jurisdiction of such a + country; + (C) the government of such a country; or + (D) any other individual or entity the Secretary + determines may detrimentally affect the national + security of the United States. + (2) Determination of beneficial ownership.--For purposes of + paragraph (1), the Secretary shall identify a person as the + beneficial owner of an entity-- + (A) in a manner that is not less stringent than the + manner set forth in section 240.13d-3 of title 17, Code + of Federal Regulations (as in effect on the date of the + enactment of this Act); and + (B) based on a threshold, to be determined by the + Secretary, based on an assessment of whether the + person's position would give the person an opportunity + to control the use of a satellite described in section + 1261(c)(1) of the National Defense Authorization Act + for Fiscal Year 2013 and exported, reexported, or + transferred in country to the entity. + (c) Elements.--The report required by subsection (a) shall include +the following: + (1) An evaluation of whether satellites described in + section 1261(c)(1) of the National Defense Authorization Act + for Fiscal Year 2013 have been exported, reexported, or + transferred in-country, directly or indirectly, to entities + described in subsection (b). + (2) An examination of the effect on national security of + the potential export, reexport, or in-country transfer of + satellites in compliance with section 1261(c) of the National + Defense Authorization Act for Fiscal Year 2013 in circumstances + in which the services, bandwidth, or functions of the + satellites could subsequently be leased or sold to, or + otherwise used by, an entity described in subsection (b). + (3) An examination of the effect on national security of + not limiting the export, reexport, or in-country transfer of + such satellites to entities described in subsection (b). + (4) Recommendations for, and an assessment of the + effectiveness of, a licensing condition that would prohibit or + limit the export, reexport, or in-country transfer of such + satellites to, or the use of such satellites by, entities + described in subsection (b). + (5) An assessment, based on realistic and justifiable + assumptions and forecasts, of the economic implications of and + potential harm caused by a licensing condition described in + paragraph (4) on the United States industries that develop or + produce satellites and commercial telecommunications equipment + that do not have direct national security ties, including any + costs identified under paragraph (3). + (6) An evaluation of the resources necessary to ensure the + ability of the Bureau of Industry and Security of the + Department of Commerce-- + (A) to adequately identify and analyze the + beneficial owners of entities in decisions relating + to-- + (i) issuing licenses for the export, + reexport, or in-country transfer of such + satellites to such entities; or + (ii) the ultimate end uses and end-users of + such satellites; and + (B) when evaluating such a decision-- + (i) to have full knowledge of the potential + end-user of the satellite and the current + beneficial owner of the entity; and + (ii) to be able to determine whether + issuing the license would be inconsistent with + the goal of preventing entities described in + subsection (b) from accessing or using such + satellites. + (d) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (e) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on + Banking, Housing, and Urban Affairs, the Committee on Commerce, + Science, and Transportation, the Committee on Foreign + Relations, and the Select Committee on Intelligence of the + Senate; and + (2) the Committee on Armed Services, the Committee on + Financial Services, the Committee on Energy and Commerce, the + Committee on Foreign Affairs, and the Permanent Select + Committee on Intelligence of the House of Representatives. + +SEC. 6208. SENSE OF CONGRESS ON HONG KONG PORT VISITS. + + It is the sense of Congress that the Department of Defense should +continue to make regular requests to the Government of the People's +Republic of China for the Navy to conduct port calls to Hong Kong, +including United States aircraft carrier visits. + +SEC. 6209. SENSE OF CONGRESS ON POLICY TOWARD HONG KONG. + + (a) Findings.--Congress makes the following findings: + (1) The United States policy toward Hong Kong is guided by + the United States-Hong Kong Policy Act of 1992 (Public Law 102- + 383; 106 Stat. 1448) (referred to in this section as the + ``Act''), which reaffirms that ``The Hong Kong Special + Administrative Region of the People's Republic of China, + beginning on July 1, 1997, will continue to enjoy a high degree + of autonomy on all matters other than defense and foreign + affairs.''. + (2) The Act furthermore states that ``The human rights of + the people of Hong Kong are of great importance to the United + States and are directly relevant to United States interests in + Hong Kong.''. + (3) Pursuant to section 301 of the Act (22 U.S.C. 5731), + the annual report issued by the Department of State on + developments in Hong Kong (referred to in this section as the + ``Report''), released on March 21, 2019, states that + ``Cooperation between the United States Government and the Hong + Kong government remains broad and effective in many areas, + providing significant benefits to the United States economy and + homeland security.''. + (4) The Report states that ``the Chinese mainland central + government implemented or instigated a number of actions that + appeared inconsistent with China's commitments in the Basic + Law, and in the Sino-British Joint Declaration of 1984, to + allow Hong Kong to exercise a high degree of autonomy.''. + (5) The Report furthermore states that the ``Hong Kong + authorities took actions aligned with mainland priorities at + the expense of human rights and fundamental freedoms. There + were particular setbacks in democratic electoral processes, + freedom of expression, and freedom of association.''. + (6) On June 10, 2019, the spokesporson for the Department + of State issued a statement expressing ``grave concern about + the Hong Kong government's proposed amendments to its Fugitive + Offenders Ordinance, which, if passed, would permit Chinese + authorities to request the extradition of individuals to + mainland China.''. + (7) According to media reports, in June 2019, over + 1,000,000 residents of Hong Kong have taken part in + demonstrations against the proposed amendments to the Fugitive + Offenders Ordinance. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) the government of the People's Republic of China and + the Hong Kong Special Administrative Region of the People's + Republic of China authorities should immediately cease taking + all actions that undermine Hong Kong's autonomy and negatively + impact the protections of fundamental human rights, freedoms, + and democratic values of the people of Hong Kong, as enshrined + in the Act, Hong Kong's Basic Law of 1997, and the Sino-British + Joint Declaration of 1984; + (2) the Hong Kong Special Administrative Region of the + People's Republic of China authorities should immediately + withdraw from consideration the proposed amendments to its + Fugitive Offenders Ordinance and refrain from any unwarranted + use of force against the protestors that is inconsistent with + internationally recognized law enforcement best practices; and + (3) the United States should impose financial sanctions, + visa bans, and other punitive economic measures against all + individuals or entities violating the fundamental human rights + and freedoms of the people of Hong Kong, consistent with United + States and international law. + +SEC. 6210. EXTENSION AND MODIFICATION OF LIMITATION ON MILITARY + COOPERATION BETWEEN THE UNITED STATES AND THE RUSSIAN + FEDERATION. + + Section 1232(a) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), as most recently +amended by section 1247 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further +amended-- + (1) in the matter preceding paragraph (1), by striking + ``fiscal year 2017, 2018, or 2019'' and inserting ``fiscal year + 2017, 2018, 2019, or 2020''; + (2) in paragraph (1) by striking ``; and''; + (3) in paragraph (2) by striking the period at the end and + inserting ``; and''; and + (4) by adding at the end the following new paragraph: + ``(3) the Russian Federation has released the 24 Ukrainian + sailors captured in the Kerch Strait on November 25, 2018.''. + +SEC. 6211. REVIEW AND REPORT ON OBLIGATIONS OF THE UNITED STATES UNDER + TAIWAN RELATIONS ACT. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) Taiwan is a vital partner of the United States and a + critical element of the free and open Indo-Pacific region; + (2) for 40 years, the Taiwan Relations Act (22 U.S.C. 3301 + et seq.) has secured peace, stability, and prosperity and + provided enormous benefits to the United States, Taiwan, and + the Indo-Pacific region; and + (3) the United States should reaffirm that the policy of + the United States toward diplomatic relations with the People's + Republic of China rests upon the expectation that the future of + Taiwan will be determined by peaceful means, as described in + that Act (22 U.S.C. 3301 et seq.). + (b) Review.--The Secretary of Defense, in coordination with the +Secretary of State, shall conduct a review of-- + (1) whether, and the means by which, as applicable, the + Government of the People's Republic of China is affecting, + including through military, economic, information, digital, + diplomatic, or any other form of coercion-- + (A) the security, or the social and economic + system, of the people of Taiwan; + (B) the military balance of power between the + People's Republic of China and Taiwan; or + (C) the expectation that the future of Taiwan will + continue to be determined by peaceful means; and + (2) the role of United States policy toward Taiwan with + respect to the implementation of the 2017 National Security + Strategy and the 2018 National Defense Strategy. + (c) Report.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense, in + coordination with the Secretary of State, shall provide to the + appropriate committees of Congress a report on the review under + subsection (b). + (2) Matters to be included.--The report under paragraph (1) + shall include the following: + (A) Recommendations on legislative changes or + Department of Defense or Department of State policy + changes necessary to ensure that the United States + continues to meets its obligations to Taiwan under the + Taiwan Relations Act (22 U.S.C. 3301 et seq.). + (B) Guidelines for-- + (i) new defense requirements, including + requirements relating to information and + digital space; + (ii) exchanges between senior-level + civilian and military officials of the United + States and Taiwan; and + (iii) the regular transfer of defense + articles, especially defense articles that are + mobile, survivable, and cost effective, to most + effectively deter attacks and support the + asymmetric defense strategy of Taiwan. + (d) 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. + +SEC. 6212. IMPLEMENTATION OF THE ASIA REASSURANCE INITIATIVE ACT WITH + REGARD TO TAIWAN ARMS SALES. + + (a) Findings.--Congress makes the following findings: + (1) The Department of Defense Indo-Pacific Strategy Report, + released on June 1, 2019, states: ``[T]he Asia Reassurance + Initiative Act, a major bipartisan legislation, was signed into + law by President Trump on December 31, 2018. This legislation + enshrines a generational whole-of-government policy framework + that demonstrates U.S. commitment to a free and open Indo- + Pacific region and includes initiatives that promote + sovereignty, rule of law, democracy, economic engagement, and + regional security.''. + (2) The Indo-Pacific Strategy Report further states: ``The + United States has a vital interest in upholding the rules-based + international order, which includes a strong, prosperous, and + democratic Taiwan. . .The Department [of Defense] is committed + to providing Taiwan with defense articles and services in such + quantity as may be necessary to enable Taiwan to maintain a + sufficient self-defense capability.''. + (3) Section 209(b) of the Asia Reassurance Initiative Act + of 2018 (Public Law 115-409), signed into law on December 31, + 2018-- + (A) builds on longstanding commitments enshrined in + the Taiwan Relations Act (22 U.S.C. 3301 et seq.) to + provide Taiwan with defense articles; and + (B) states: ``The President should conduct regular + transfers of defense articles to Taiwan that are + tailored to meet the existing and likely future threats + from the People's Republic of China, including + supporting the efforts of Taiwan to develop and + integrate asymmetric capabilities, as appropriate, + including mobile, survivable, and cost-effective + capabilities, into its military forces.''. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) the Asia Reassurance Initiative Act of 2018 (Public Law + 115-409) has recommitted the United States to support the + close, economic, political, and security relationship between + the United States and Taiwan; and + (2) the United States should fully implement the provisions + of that Act with regard to regular defensive arms sales to + Taiwan. + (c) Briefing.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of State and the Secretary of +Defense, or their designees, shall brief the appropriate committees of +Congress on the efforts to implement section 209(b) of the Asia +Reassurance Initiative Act of 2018 (Public Law 115-409). + (d) 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. + +SEC. 6213. NORTH ATLANTIC TREATY ORGANIZATION JOINT FORCES COMMAND. + + (a) In General.--Subchapter II of chapter 16 of title 10, United +States Code, is amended by adding at the end the following new section: +``Sec. 314 North Atlantic Treaty Organization Joint Forces Command + ``(a) Authorization.--The Secretary of Defense shall authorize the +establishment of, and the participation by members of the armed forces +in, the North Atlantic Treaty Organization Joint Forces Command (in +this section referred to as the `Joint Forces Command'), to be +established in the United States. + ``(b) Use of Department of Defense Facilities and Equipment.--The +Secretary may use facilities and equipment of the Department of Defense +to support the Joint Forces Command. + ``(c) Availability of Funds.--Amounts authorized to be appropriated +to the Department of Defense for fiscal year 2020 shall be available to +carry out the purposes of this section.''. + (b) Conforming Amendment.--The table of sections at the beginning +of subchapter II of chapter 16 of title 10, United States Code, is +amended by adding at the end the following new item: + +``314. North Atlantic Treaty Organization Joint Forces Command.''. + +SEC. 6214. REPORT ON MILITARY ACTIVITIES OF THE RUSSIAN FEDERATION AND + THE PEOPLE'S REPUBLIC OF CHINA IN THE ARCTIC REGION. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the Secretary of State and the Director of National Intelligence, shall +submit to the appropriate committees of Congress the following: + (1) A report on the military activities of the Russian + Federation in the Arctic region. + (2) A report on the military activities of the People's + Republic of China in the Arctic region. + (b) Matters to Be Included.--The reports under subsection (a) shall +include, with respect to the Russian Federation or the People's +Republic of China, as applicable, the following: + (1) A description of military activities of such country in + the Arctic region, including-- + (A) the emplacement of military infrastructure, + equipment, or forces; + (B) any exercises or other military activities; and + (C) activities that are non-military in nature, but + are considered to have military implications. + (2) An assessment of-- + (A) the intentions of such activities; + (B) the extent to which such activities affect or + threaten the interests of the United States and allies + in the Arctic region; and + (C) any response to such activities by the United + States or allies. + (3) A description of future plans and requirements with + respect to such activities. + (c) Form.--Each report under subsection (a) shall be submitted in +classified form, but may include an unclassified executive summary. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on + Foreign Relations, the Committee on Appropriations, and the + Select Committee on Intelligence of the Senate; and + (2) the Committee on Armed Services, the Committee on + Foreign Affairs, the Committee on Appropriations, and the + Permanent Select Committee on Intelligence of the House of + Representatives. + +SEC. 6215. EFFORTS TO ENSURE MEANINGFUL PARTICIPATION OF AFGHAN WOMEN + IN PEACE NEGOTIATIONS IN AFGHANISTAN. + + (a) In General.--The Secretary of State, in coordination with the +Secretary of Defense, shall carry out activities to ensure the +meaningful participation of Afghan women in the ongoing peace process +in Afghanistan in a manner consistent with the Women, Peace, and +Security Act of 2017 (22 U.S.C. 2151 note; Public Law 115-68), which +shall include-- + (1) continued United States Government advocacy for the + inclusion of Afghan women leaders in ongoing and future + negotiations to end the conflict in Afghanistan; and + (2) support for the inclusion of constitutional protections + on women's and girls' human rights that ensure their freedom of + movement, rights to education and work, political + participation, and access to healthcare and justice in any + agreement reached through intra-Afghan negotiations, including + negotiations with the Taliban. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, in coordination with the +Secretary of Defense, shall submit to the appropriate committees of +Congress a report describing the steps taken to fulfill the duties of +the Secretary of State and the Secretary of Defense under subsection +(a). + (c) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate; and + (2) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives. + +SEC. 6216. 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. + +SEC. 6217. MODIFICATION OF SEMIANNUAL REPORT ON ENHANCING SECURITY AND + STABILITY IN AFGHANISTAN. + + Paragraph (1) of section 1225(b) of the Carl Levin and Howard P. +``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 +(Public Law 113-291; 127 Stat. 3550) is amended-- + (1) in the paragraph heading by inserting ``and taking into + account the august 2017 strategy of the united states'' after + ``2014''; and + (2) in subparagraph (B)-- + (A) by striking the period at the end and inserting + a semicolon; + (B) by striking ``in the assessment of any such'' + and inserting ``in the assessment of-- + ``(i) any such''; and + (C) by adding at the end the following new clauses: + ``(ii) the United States counterterrorism + mission; and + ``(iii) efforts by the Department of + Defense to support reconciliation efforts and + develop conditions for the expansion of the + reach of the Government of Afghanistan + throughout Afghanistan.''. + +SEC. 6218. SENSE OF CONGRESS ON ACQUISITION BY TURKEY OF S-400 AIR + DEFENSE SYSTEM. + + It is the sense of Congress that-- + (1) Turkey is an important North Atlantic Treaty + Organization ally and military partner; + (2) the acquisition by the Government of Turkey of the S- + 400 air defense system from the Russian Federation-- + (A) undermines-- + (i) the security interests of the United + States; and + (ii) the air defense of Turkey; + (B) weakens the interoperability of the North + Atlantic Treaty Organization; and + (C) is incompatible with the plan of the Government + of Turkey-- + (i) to accept delivery of and operate the + F-35 aircraft; and + (ii) to continue to participate in F-35 + aircraft production and maintenance; + (3) the United States and other member countries of the + North Atlantic Treaty Organization have put forth several + viable and competitive proposals to protect the vulnerable + airspace of Turkey and to ensure the security and integrity of + Turkey as a North Atlantic Treaty Organization ally; + (4) Russian Federation aggression on the periphery of + Turkey, including in Georgia, Ukraine, the Black Sea, and + Syria, and especially the indiscriminate bombing by the Russian + Federation of the Idlib province of Syria on the border of + Turkey and the incursions of Russian Federation warplanes into + the airspace of Turkey on November 24, 2015, and other + occasions, endangers the security of Turkey; + (5) the termination of the participation of Turkey in the + F-35 program and supply chain, which may still be avoided if + the Government of Turkey abandons its planned acquisition of + the S-400 air defense system, would cause significant harm to + the growing defense industry and economy of Turkey; and + (6) if the Government of Turkey accepts delivery of the S- + 400 air defense system-- + (A) such acceptance would-- + (i) constitute a significant transaction + within the meaning of section 231(a) of the + Countering Russian Influence in Europe and + Eurasia Act of 2017 (22 U.S.C. 9525(a)); + (ii) endanger the integrity of the North + Atlantic Treaty Organization Alliance and pose + a significant threat to Turkey; + (iii) adversely affect ongoing operations + of the United States Armed Forces, including + coalition operations in which the United States + Armed Forces participate; + (iv) result in a significant impact to + defense cooperation between the United States + and Turkey; and + (v) significantly increase the risk of + compromising United States defense systems and + operational capabilities; and + (B) the President should fully implement the + Countering Russian Influence in Europe and Eurasia Act + of 2017 (Public Law 115-44; 131 Stat. 886) by imposing + and applying sanctions under section 235 of that Act + (22 U.S.C. 9529) with respect to any individual or + entity determined to have engaged in such significant + transaction as if such person were a sanctioned person + for purposes of such section. + +SEC. 6219. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL + SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND + OTHER SECURITY THREATS. + + Paragraph (2) of section 1286(c) of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is +amended to read as follows: + ``(2) Training, developed and delivered in consultation + with academic institutions, and other support to academic + institutions to promote security and limit undue influence on + institutions and personnel, including financial support for + execution for such activities, that-- + ``(A) emphasizes best practices for protection of + sensitive national security information; and + ``(B) includes the dissemination of unclassified + publications and resources for identifying and + protecting against emerging threats to academic + research institutions, including specific + counterintelligence guidance developed for faculty and + academic researchers based on specific threats.''. + +SEC. 6231. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY + OF THE RUSSIAN FEDERATION OVER CRIMEA. + + The text of subsection (a) of section 1231 is hereby deemed to read +as follows: + ``(a) Prohibition.--None of the funds authorized to be appropriated +by this Act for fiscal year 2020 for the Department of Defense may be +obligated or expended to implement any activity that recognizes the +sovereignty of the Russian Federation over Crimea, and the Department +may not otherwise implement any such activity.''. + +SEC. 6236. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO THE REPUBLIC OF + TURKEY. + + The text of subsection (a) of section 1236 preceding paragraph (1) +is hereby deemed to read as follows: + ``(a) Limitation.--Except as provided in subsection (b), none of +the funds authorized to be appropriated by this Act for fiscal year +2020 for the Department of Defense, may be used to do the following, +and the Department may not otherwise do the following:''. + + TITLE LXIV--OTHER AUTHORIZATIONS + +SEC. 6401. ASSESSMENT OF RARE EARTH SUPPLY CHAIN ISSUES. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, acting through the +Defense Logistics Agency, shall submit to Congress a report assessing +issues relating to the supply chain for rare earth materials. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) An assessment of the rare earth materials in the + reserves held by the United States. + (2) A estimate of the needs of the United States for such + materials-- + (A) in general; and + (B) to support a major near-peer conflict such as + is outlined in war game scenarios included in the 2018 + National Defense Strategy. + (3) An assessment of the extent to which substitutes for + such materials are available. + +SEC. 6422. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCE + RETIREMENT HOME. + + Section 1422, and the amendments made by that section, shall have +no force or effect. + + TITLE LXV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS + CONTINGENCY OPERATIONS + + Subtitle A--General Provisions + +SEC. 6501. 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) Report to Congress.--The Secretary shall submit a report to the +congressional defense committees detailing the research identified +under subsection (a). + + Subtitle B--Inspectors General Matters + +SEC. 6511. 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. 6512. 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. 6513. 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).''. + + TITLE LXVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + +SEC. 6601. 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. + +SEC. 6602. 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) unilaterally reducing the size of the ICBM force of the + United States or delaying the implementation of the ground- + based strategic deterrent program would degrade the deterrent + capabilities of a fully operational and modernized nuclear + triad and should not take place at the present time. + +SEC. 6603. REPORTS BY MILITARY DEPARTMENTS ON OPERATION OF CONVENTIONAL + FORCES UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF + NUCLEAR WEAPONS. + + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Secretary of the Air Force, the Secretary of +the Army, the Secretary of the Navy, and the Commandant of the Marine +Corps shall each submit to the congressional defense committees a +report detailing the measures taken by the appropriate Secretary or the +Commandant to ensure the ability of conventional forces to operate +effectively under employment or threat of employment of nuclear weapons +by the United States, an ally of the United States, or an adversary of +the United States. + (b) Form of Report.--Each report required by subsection (a) shall +be submitted in classified form but shall be accompanied by an +unclassified summary appropriate for release to the public. + +SEC. 6604. REPORTS BY UNITED STATES EUROPEAN COMMAND AND UNITED STATES + INDO-PACIFIC COMMAND ON OPERATION OF CERTAIN CONVENTIONAL + FORCES UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF + NUCLEAR WEAPONS. + + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Commander of the United States European +Command and the Commander of the United States Indo-Pacific Command, in +consultation with the Commander of the United States Strategic Command, +shall each submit to the congressional defense committees a report +detailing the measures taken by the Commander to ensure the ability of +conventional forces under the authority of the Commander to execute +contingency plans under employment or threat of employment of nuclear +weapons by the United States, an ally of the United States, or an +adversary of the United States. + (b) Form of Report.--The report required by subsection (a) shall be +submitted in classified form but shall be accompanied by an +unclassified summary appropriate for release to the public. + +SEC. 6605. JOINT ASSESSMENT OF DEPARTMENT OF DEFENSE CYBER RED TEAM + CAPABILITIES, CAPACITY, DEMAND, AND REQUIREMENTS. + + (a) Joint Assessment Required.--Not later than 180 days after the +date of the enactment of this Act, the Secretary of Defense shall, in +coordination with the Chief Information Officer of the Department of +Defense, Principal Cyber Advisor, and the Director of Operational Test +and Evaluation-- + (1) conduct a joint assessment of Department cyber red team + capabilities, capacity, demand, and future requirements that + affect the Department's ability to develop, test, and maintain + secure systems in a cyber environment; and + (2) brief the congressional defense committees on the + results of the joint assessment. + (b) Elements.--The joint assessment required by subsection (a)(1) +shall-- + (1) specify demand for cyber red team support for + acquisition and operations; + (2) specify shortfalls in meeting demand and future + requirements, disaggregated by the Department of Defense and by + each of the military departments; + (3) examine funding and retention initiatives to increase + cyber red team capacity to meet demand and future requirements + identified to support the testing, training, and development + communities; + (4) examine the feasibility and benefit of developing and + procuring a common Red Team Integrated Capabilities Stack that + better utilizes increased capacity of cyber ranges and better + models the capabilities and tactics, techniques, and procedures + of adversaries; + (5) examine the establishment of oversight and assessment + metrics for Department cyber red teams; + (6) assess the implementation of common development for + tools, techniques, and training; + (7) assess potential industry and academic partnerships and + services; + (8) assess the mechanisms and procedures in place to + deconflict red-team activities and defensive cyber operations + on active networks; + (9) assess the use of Department cyber personnel in + training as red team support; + (10) assess the use of industry and academic partners and + contractors as red team support and the cost- and resource- + effectiveness of such support; and + (11) assess the need for permanent, high-end dedicated red- + teaming activities to model sophisticated adversaries' + attacking critical Department systems and infrastructure. + +SEC. 6606. REPORT ON THE EXPANDED PURVIEW OF THE DEFENSE + COUNTERINTELLIGENCE AND SECURITY AGENCY. + + (a) Report Required.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to +Congress a report on the Defense Counterintelligence and Security +Agency. + (b) Contents.--The report submitted under subsection (a) shall +include the following: + (1) Identification of the resources and authorities + appropriate for the Inspector General for the expanded purview + of the Defense Counterintelligence and Security Agency. + (2) Identification of the resources and authorities needed + to perform the civil liberties and privacy officer function of + the Defense Counterintelligence and Security Agency. + (3) An assessment of the security protocols in effect for + personally identifiable information held by the Defense + Counterintelligence and Security Agency. + (4) An assessment of the governance structure of the + Defense Counterintelligence and Security Agency as it relates + to the Department of Defense, including with respect to status, + authorities, and leadership. + (5) An assessment of the governance structure of the + Defense Counterintelligence and Security Agency as it relates + to interagency partners, including the Office of Management and + Budget, the Office of the Director of National Intelligence, + and the Office of Personnel Management. + (6) The methodology the Defense Counterintelligence and + Security Agency will prioritize requests for background + investigation requests from government agencies and industry. + +SEC. 6664. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC + MISSILES OF THE UNITED STATES. + + The text of subsection (a) of section 1664 is hereby deemed to read +as follows: + ``(a) Prohibition.--Except as provided in subsection (b), none of +the funds authorized to be appropriated by this Act for fiscal year +2020 for the Department of Defense may be obligated or expended for the +following, and the Department may not otherwise take any action to do +the following: + ``(1) Reduce, or prepare to reduce, the responsiveness or + alert level of the intercontinental ballistic missiles of the + United States. + ``(2) Reduce, or prepare to reduce, the quantity of + deployed intercontinental ballistic missiles of the United + States to a number less than 400.''. + + TITLE LXVII--PFAS RELEASE DISCLOSURE, DETECTION, AND SAFE DRINKING + WATER ASSISTANCE + +SEC. 6701. DEFINITION OF ADMINISTRATOR. + + In this title, the term ``Administrator'' means the Administrator +of the Environmental Protection Agency. + + Subtitle A--PFAS Release Disclosure + +SEC. 6711. ADDITIONS TO TOXICS RELEASE INVENTORY. + + (a) Definition of Toxics Release Inventory.--In this section, the +term ``toxics release inventory'' means the toxics release inventory +under section 313(c) of the Emergency Planning and Community Right-To- +Know Act of 1986 (42 U.S.C. 11023(c)). + (b) Immediate Inclusion.-- + (1) In general.--Subject to subsection (e), beginning + January 1 of the calendar year following the date of enactment + of this Act, the following chemicals shall be deemed to be + included in the toxics release inventory: + (A) Perfluorooctanoic acid (commonly referred to as + ``PFOA'') (Chemical Abstracts Service No. 335-67-1). + (B) The salt associated with the chemical described + in subparagraph (A) (Chemical Abstracts Service No. + 3825-26-1). + (C) Perfluorooctane sulfonic acid (commonly + referred to as ``PFOS'') (Chemical Abstracts Service + No. 1763-23-1). + (D) The salts associated with the chemical + described in subparagraph (C) (Chemical Abstract + Service Nos. 45298-90-6, 29457-72-5, 56773-42-3, 29081- + 56-9, 4021-47-0, 111873-33-7, and 91036-71-4). + (E) A perfluoroalkyl or polyfluoroalkyl substance + or class of perfluoroalkyl or polyfluoroalkyl + substances that is-- + (i) listed as an active chemical substance + in the February 2019 update to the inventory + under section 8(b)(1) of the Toxic Substances + Control Act (15 U.S.C. 2607(b)(1)); and + (ii) on the date of enactment of this Act, + subject to the provisions of-- + (I) section 721.9582 of title 40, + Code of Federal Regulations; or + (II) section 721.10536 of title 40, + Code of Federal Regulations. + (2) Threshold for reporting.-- + (A) In general.--Subject to subparagraph (B), the + threshold for reporting the chemicals described in + paragraph (1) under section 313(f)(1) of the Emergency + Planning and Community Right-To-Know Act of 1986 (42 + U.S.C. 11023(f)(1)) is 100 pounds. + (B) Revisions.--Not later than 5 years after the + date of enactment of this Act, the Administrator + shall-- + (i) determine whether revision of the + threshold under subparagraph (A) is warranted; + and + (ii) if the Administrator determines a + revision to be warranted under clause (i), + initiate a revision under section 313(f)(2) of + the Emergency Planning and Community Right-To- + Know Act of 1986 (42 U.S.C. 11023(f)(2)). + (c) Inclusion Following Assessment.-- + (1) In general.--Subject to subsection (e), a + perfluoroalkyl or polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl substances shall be + automatically included in the toxics release inventory + beginning January 1 of the calendar year after any of the + following dates: + (A) Establishment of toxicity value.--The date on + which the Administrator establishes a toxicity value + for the perfluoroalkyl or polyfluoroalkyl substance or + class of perfluoroalkyl or polyfluoroalkyl substances. + (B) Significant new use rule.--The date on which + the Administrator finalizes a significant new use rule + under subsection (a)(2) of section 5 of the Toxic + Substances Control Act (15 U.S.C. 2604), except a + significant new use rule promulgated in connection with + an order issued under subsection (e) of that section, + for the perfluoroalkyl or polyfluoroalkyl substance or + class of perfluoroalkyl or polyfluoroalkyl substances. + (C) Addition to existing significant new use + rule.--The date on which the perfluoroalkyl or + polyfluoroalkyl substance or class of perfluoroalkyl or + polyfluoroalkyl substances is added to a list of + substances covered by a significant new use rule + previously promulgated under subsection (a)(2) of + section 5 of the Toxic Substances Control Act (15 + U.S.C. 2604), except a significant new use rule + promulgated in connection with an order issued under + subsection (e) of that section. + (D) Addition as active chemical substance.--The + date on which the perfluoroalkyl or polyfluoroalkyl + substance or class of perfluoroalkyl or polyfluoroalkyl + substances that is on a list of substances covered by a + significant new use rule under subsection (a)(2) of + section 5 of the Toxic Substances Control Act (15 + U.S.C. 2604), except a significant new use rule + promulgated in connection with an order issued under + subsection (e) of that section, is-- + (i) added to the inventory under subsection + (b)(1) of section 8 of the Toxic Substances + Control Act (15 U.S.C. 2607) and designated as + an active chemical substance under subsection + (b)(5)(A) of that section; or + (ii) designated as an active chemical + substance on the inventory in accordance with + subsection (b)(5)(B) of that section. + (2) Threshold for reporting.-- + (A) In general.--Subject to subparagraph (B), the + threshold for reporting under section 313(f)(1) of the + Emergency Planning and Community Right-To-Know Act of + 1986 (42 U.S.C. 11203(f)(1)) the substances and classes + of substances included in the toxics release inventory + under paragraph (1) is 100 pounds. + (B) Revisions.--Not later than 5 years after the + date of enactment of this Act, the Administrator + shall-- + (i) determine whether revision of the + thresholds under subparagraph (A) is warranted; + and + (ii) if the Administrator determines a + revision to be warranted under clause (i), + initiate a revision under section 313(f)(2) of + the Emergency Planning and Community Right-To- + Know Act of 1986 (42 U.S.C. 11023(f)(2)). + (d) Inclusion Following Determination.-- + (1) In general.--To the extent not already subject to + subsection (b), not later than 2 years after the date of + enactment of this Act, the Administrator shall determine + whether the substances and classes of substances described in + paragraph (2) meet the criteria described in section 313(d)(2) + of the Emergency Planning and Community Right-To-Know Act of + 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics + release inventory. + (2) Substances described.--The substances and classes of + substances referred to in paragraph (1) are perfluoroalkyl and + polyfluoroalkyl substances and classes of perfluoroalkyl and + polyfluoroalkyl substances, including-- + (A) hexafluoropropylene oxide dimer acid (Chemical + Abstracts Service No. 13252-13-6); + (B) the compounds associated with the chemical + described in subparagraph (A) (Chemical Abstracts + Service Nos. 62037-80-3 and 2062-98-8); + (C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic + acid] ammonium salt (Chemical Abstracts Service No. + 908020-52-0); + (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)- + 2-(trifluoromethoxy) propanoyl fluoride (Chemical + Abstracts Service No. 2479-75-6); + (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)- + 2-(trifluoromethoxy) propionic acid (Chemical Abstracts + Service No. 2479-73-4); + (F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic + acid] (Chemical Abstracts Service No. 919005-14-4); + (G) the salts associated with the chemical + described in subparagraph (F) (Chemical Abstracts + Service Nos. 958445-44-8, 1087271-46-2, and + NOCAS_892452); + (H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8- + tridecafluoro-potassium salt (Chemical Abstracts + Service No. 59587-38-1); + (I) perfluorobutanesulfonic acid (Chemical + Abstracts Service No. 375-73-5); + (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4- + nonafluoro-potassium salt (Chemical Abstracts Service + No. 29420-49-3); + (K) the component associated with the chemical + described in subparagraph (J) (Chemical Abstracts + Service No. 45187-15-3); + (L) heptafluorobutyric acid (Chemical Abstracts + Service No. 375-22-4); + (M) perfluorohexanoic acid (Chemical Abstracts + Service No. 307-24-4); + (N) each perfluoroalkyl or polyfluoroalkly + substance or class of perfluoroalkyl or polyfluoroalkyl + substances for which a method to measure levels in + drinking water has been validated by the Administrator; + and + (O) a perfluoroalkyl and polyfluoroalkyl substance + or class of perfluoroalkyl or polyfluoroalkyl + substances other than the chemicals described in + subparagraphs (A) through (N) that is used to + manufacture fluoropolymers, as determined by the + Administrator. + (3) Addition to toxics release inventory.--Subject to + subsection (e), if the Administrator determines under paragraph + (1) that a substance or a class of substances described in + paragraph (2) meets the criteria described in section 313(d)(2) + of the Emergency Planning and Community Right-To-Know Act of + 1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise + the toxics release inventory to include that substance or class + of substances not later than 2 years after the date on which + the Administrator makes the determination. + (e) Confidential Business Information.-- + (1) In general.--Prior to including on the toxics release + inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any + perfluoroalkyl or polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl substances the chemical + identity of which is subject to a claim of a person of + protection from disclosure under subsection (a) of section 552 + of title 5, United States Code, pursuant to subsection (b)(4) + of that section, the Administrator shall-- + (A) review that claim of protection from + disclosure; and + (B) require that person to reassert and + substantiate or resubstantiate that claim in accordance + with section 14(f) of the Toxic Substances Control Act + (15 U.S.C. 2613(f)). + (2) Nondisclosure of protection information.--If the + Administrator determines that the chemical identity of a + perfluoroalkyl or polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl substances qualifies for + protection from disclosure under paragraph (1), the + Administrator shall include the substance or class of + substances, as applicable, on the toxics release inventory in a + manner that does not disclose the protected information. + (f) Emergency Planning and Community Right-To-Know Act of 1986.-- +Section 313(c) of the Emergency Planning and Community Right-To-Know +Act of 1986 (42 U.S.C. 11023(c)) is amended-- + (1) by striking the period at the end and inserting ``; + and''; + (2) by striking ``are those chemicals'' and inserting the + following: ``are-- + ``(1) the chemicals''; and + (3) by adding at the end the following: + ``(2) the chemicals included under subsections (b)(1), + (c)(1), and (d)(3) of section 6711 of the National Defense + Authorization Act for Fiscal Year 2020.''. + + Subtitle B--Drinking Water + +SEC. 6721. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS. + + Section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g- +1(b)(2)) is amended by adding at the end the following: + ``(D) Perfluoroalkyl and polyfluoroalkyl + substances.-- + ``(i) In general.--Not later than 2 years + after the date of enactment of this + subparagraph, the Administrator shall + promulgate a national primary drinking water + regulation for perfluoroalkyl and + polyfluoroalkyl substances, which shall, at a + minimum, include standards for-- + ``(I) perfluorooctanoic acid + (commonly referred to as `PFOA'); and + ``(II) perfluorooctane sulfonic + acid (commonly referred to as `PFOS'). + ``(ii) Alternative procedures.-- + ``(I) In general.--Not later than 1 + year after the validation by the + Administrator of an equally effective + quality control and testing procedure + to ensure compliance with that national + primary drinking water regulation to + measure the levels described in + subclause (II) or other methods to + detect and monitor perfluoroalkyl and + polyfluoroalkyl substances in drinking + water, the Administrator shall add the + procedure or method as an alternative + to the quality control and testing + procedure described in that national + primary drinking water regulation by + publishing the procedure or method in + the Federal Register. + ``(II) Levels described.--The + levels referred to in subclause (I) + are-- + ``(aa) the level of a + perfluoroalkyl or + polyfluoroalkyl substance; + ``(bb) the total levels of + perfluoroalkyl and + polyfluoroalkyl substances; and + ``(cc) the total levels of + organic fluorine. + ``(iii) Inclusions.--The Administrator may + include a perfluoroalkyl or polyfluoroalkyl + substance or class of perfluoroalkyl or + polyfluoroalkyl substances on-- + ``(I) the list of contaminants for + consideration of regulation under + paragraph (1)(B)(i); and + ``(II) the list of unregulated + contaminants to be monitored under + section 1445(a)(2)(B)(i). + ``(iv) Monitoring.--When establishing + monitoring requirements for public water + systems as part of a national primary drinking + water regulation under clause (i) or clause + (vi)(II), the Administrator shall tailor the + monitoring requirements for public water + systems that do not detect or are reliably and + consistently below the maximum contaminant + level (as defined in section 1418(b)(2)(B)) for + the perfluoroalkyl or polyfluoroalkyl substance + or class of perfluoroalkyl or polyfluoroalkyl + substances subject to the national primary + drinking water regulation. + ``(v) Health risk reduction and cost + analysis.--In meeting the requirements of + paragraph (3)(C), the Administrator may rely on + information available to the Administrator with + respect to 1 or more specific perfluoroalkyl or + polyfluoroalkyl substances to extrapolate + reasoned conclusions regarding the health risks + and effects of a class of perfluoroalkyl or + polyfluoroalkyl substances of which the + specific perfluoroalkyl or polyfluoroalkyl + substances are a part. + ``(vi) Regulation of additional + substances.-- + ``(I) Determination.--The + Administrator shall make a + determination under paragraph (1)(A), + using the criteria described in clauses + (i) through (iii) of that paragraph, + whether to include a perfluoroalkyl or + polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl + substances in the national primary + drinking water regulation under clause + (i) not later than 18 months after the + later of-- + ``(aa) the date on which + the perfluoroalkyl or + polyfluoroalkyl substance or + class of perfluoroalkyl or + polyfluoroalkyl substances is + listed on the list of + contaminants for consideration + of regulation under paragraph + (1)(B)(i); and + ``(bb) the date on which-- + + ``(AA) the + Administrator has + received the results of + monitoring under + section 1445(a)(2)(B) + for the perfluoroalkyl + or polyfluoroalkyl + substance or class of + perfluoroalkyl or + polyfluoroalkyl + substance; or + + ``(BB) the + Administrator has + received finished water + data or finished water + monitoring surveys for + the perfluoroalkyl or + polyfluoroalkyl + substance or class of + perfluoroalkyl or + polyfluoroalkyl + substances from a + Federal or State agency + that the Administrator + determines to be + sufficient to make a + determination under + paragraph (1)(A). + + ``(II) Primary drinking water + regulations.-- + ``(aa) In general.--For + each perfluoroalkyl or + polyfluoroalkyl substance or + class of perfluoroalkyl or + polyfluoroalkyl substances that + the Administrator determines to + regulate under subclause (I), + the Administrator-- + + ``(AA) not later + than 18 months after + the date on which the + Administrator makes the + determination, shall + propose a national + primary drinking water + regulation for the + perfluoroalkyl or + polyfluoroalkyl + substance or class of + perfluoroalkyl or + polyfluoroalkyl + substances; and + + ``(BB) may publish + the proposed national + primary drinking water + regulation described in + subitem (AA) + concurrently with the + publication of the + determination to + regulate the + perfluoroalkyl or + polyfluoroalkyl + substance or class of + perfluoroalkyl or + polyfluoroalkyl + substances. + + ``(bb) Deadline.-- + + ``(AA) In + general.--Not later + than 1 year after the + date on which the + Administrator publishes + a proposed national + primary drinking water + regulation under item + (aa)(AA) and subject to + subitem (BB), the + Administrator shall + take final action on + the proposed national + primary drinking water + regulation. + + ``(BB) Extension.-- + The Administrator, on + publication of notice + in the Federal + Register, may extend + the deadline under + subitem (AA) by not + more than 6 months. + + ``(vii) Lifetime drinking water health + advisory.-- + ``(I) In general.--Subject to + subclause (II), the Administrator shall + publish a health advisory under + paragraph (1)(F) for a perfluoroalkyl + or polyfluoroalkyl substance or class + of perfluoroalkyl or polyfluoroalkyl + substances not later than 1 year after + the later of-- + ``(aa) the date on which + the Administrator finalizes a + toxicity value for the + perfluoroalkyl or + polyfluoroalkyl substance or + class of perfluoroalkyl or + polyfluoroalkyl substances; and + ``(bb) the date on which + the Administrator validates an + effective quality control and + testing procedure for the + perfluoroalkyl or + polyfluoroalkyl substance or + class of perfluoroalkyl or + polyfluoroalkyl substance, if + such a procedure did not exist + on the date on which the + toxicity value described in + item (aa) was finalized. + ``(II) Waiver.--The Administrator + may waive the requirements of subclause + (I) with respect to a perfluoroalkyl or + polyfluoroalkyl substance or class of + perfluoroalkyl and polyfluoroalkyl + substances if the Administrator + determines that there is a substantial + likelihood that the perfluoroalkyl or + polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl + substances will not occur in drinking + water.''. + +SEC. 6722. MONITORING AND DETECTION. + + (a) Monitoring Program for Unregulated Contaminants.-- + (1) In general.--The Administrator shall include each + substance described in paragraph (2) in the fifth publication + of the list of unregulated contaminants to be monitored under + section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 + U.S.C. 300j-4(a)(2)(B)(i)). + (2) Substances described.--The substances referred to in + paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances + and classes of perfluoroalkyl and polyfluoroalkyl substances-- + (A) for which a method to measure the level in + drinking water has been validated by the Administrator; + and + (B) that are not subject to a national primary + drinking water regulation under clause (i) or (vi)(II) + of subparagraph (D) of section 1412(b)(2) of the Safe + Drinking Water Act (42 U.S.C. 300g-1(b)(2)). + (3) Exception.--The perfluoroalkyl and polyfluoroalkyl + substances and classes of perfluoroalkyl and polyfluoroalkyl + substances included in the list of unregulated contaminants to + be monitored under section 1445(a)(2)(B)(i) of the Safe + Drinking Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under + paragraph (1) shall not count towards the limit of 30 + unregulated contaminants to be monitored by public water + systems under that section. + (b) Applicability.-- + (1) In general.--The Administrator shall-- + (A) require public water systems serving more than + 10,000 persons to monitor for the substances described + in subsection (a)(2); + (B) subject to paragraph (2) and the availability + of appropriations, require public water systems serving + not fewer than 3,300 and not more than 10,000 persons + to monitor for the substances described in subsection + (a)(2); and + (C) subject to paragraph (2) and the availability + of appropriations, ensure that only a representative + sample of public water systems serving fewer than 3,300 + persons are required to monitor for the substances + described in subsection (a)(2). + (2) Requirement.--If the Administrator determines that + there is not sufficient laboratory capacity to carry out the + monitoring required under subparagraphs (B) and (C) of + paragraph (1), the Administrator may waive the monitoring + requirements in those subparagraphs. + (3) Funds.--The Administrator shall pay the reasonable cost + of such testing and laboratory analysis as is necessary to + carry out the monitoring required under paragraph (1) from-- + (A) funds made available under subsection (a)(2)(H) + or (j)(5) of section 1445 of the Safe Drinking Water + Act (42 U.S.C. 300j-4); or + (B) any other funds made available for that + purpose. + +SEC. 6723. ENFORCEMENT. + + Notwithstanding any other provision of law, the Administrator may +not impose financial penalties for the violation of a national primary +drinking water regulation (as defined in section 1401 of the Safe +Drinking Water Act (42 U.S.C. 300f)) with respect to a perfluoroalkyl +or polyfluoroalkyl substance or class of perfluoroalkyl or +polyfluoroalkyl substances for which a national primary drinking water +regulation has been promulgated under clause (i) or (vi) of +subparagraph (D) of section 1412(b)(2) of the Safe Drinking Water Act +(42 U.S.C. 300g-1(b)(2)) earlier than the date that is 5 years after +the date on which the Administrator promulgates the national primary +drinking water regulation. + +SEC. 6724. DRINKING WATER STATE REVOLVING FUNDS. + + Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is +amended-- + (1) in subsection (a)(2), by adding at the end the + following: + ``(G) Emerging contaminants.-- + ``(i) In general.--Notwithstanding any + other provision of law and subject to clause + (ii), amounts deposited under subsection (t) in + a State loan fund established under this + section may only be used to provide grants for + the purpose of addressing emerging + contaminants, with a focus on perfluoroalkyl + and polyfluoroalkyl substances. + ``(ii) Requirements.-- + ``(I) Small and disadvantaged + communities.--Not less than 25 percent + of the amounts described in clause (i) + shall be used to provide grants to-- + ``(aa) disadvantaged + communities (as defined in + subsection (d)(3)); or + ``(bb) public water systems + serving fewer than 25,000 + persons. + ``(II) Priorities.--In selecting + the recipient of a grant using amounts + described in clause (i), a State shall + use the priorities described in + subsection (b)(3)(A). + ``(iii) No increased bonding authority.-- + The amounts deposited in the State loan fund of + a State under subsection (t) may not be used as + a source of payment of, or security for + (directly or indirectly), in whole or in part, + any obligation the interest on which is exempt + from the tax imposed under chapter 1 of the + Internal Revenue Code of 1986.''; + (2) in subsection (m)(1), in the matter preceding + subparagraph (A), by striking ``this section'' and inserting + ``this section, except for subsections (a)(2)(G) and (t)''; and + (3) by adding at the end the following: + ``(t) Emerging Contaminants.-- + ``(1) In general.--Amounts made available under this + subsection shall be allotted to a State as if allotted under + subsection (a)(1)(D) as a capitalization grant, for deposit + into the State loan fund of the State, for the purposes + described in subsection (a)(2)(G). + ``(2) Authorization of appropriations.--There is authorized + to be appropriated to carry out this subsection $100,000,000 + for each of fiscal years 2020 through 2024, to remain available + until expended.''. + + Subtitle C--PFAS Detection + +SEC. 6731. DEFINITIONS. + + In this subtitle: + (1) Director.--The term ``Director'' means the Director of + the United States Geological Survey. + (2) Perfluorinated compound.-- + (A) In general.--The term ``perfluorinated + compound'' means a perfluoroalkyl substance or a + polyfluoroalkyl substance that is manmade with at least + 1 fully fluorinated carbon atom. + (B) Definitions.--In this definition: + (i) Fully fluorinated carbon atom.--The + term ``fully fluorinated carbon atom'' means a + carbon atom on which all the hydrogen + substituents have been replaced by fluorine. + (ii) Nonfluorinated carbon atom.--The term + ``nonfluorinated carbon atom'' means a carbon + atom on which no hydrogen substituents have + been replaced by fluorine. + (iii) Partially fluorinated carbon atom.-- + The term ``partially fluorinated carbon atom'' + means a carbon atom on which some, but not all, + of the hydrogen substituents have been replaced + by fluorine. + (iv) Perfluoroalkyl substance.--The term + ``perfluoroalkyl substance'' means a manmade + chemical of which all of the carbon atoms are + fully fluorinated carbon atoms. + (v) Polyfluoroalkyl substance.--The term + ``polyfluoroalkyl substance'' means a manmade + chemical containing a mix of fully fluorinated + carbon atoms, partially fluorinated carbon + atoms, and nonfluorinated carbon atoms. + +SEC. 6732. PERFORMANCE STANDARD FOR THE DETECTION OF PERFLUORINATED + COMPOUNDS. + + (a) In General.--The Director shall establish a performance +standard for the detection of perfluorinated compounds. + (b) Emphasis.-- + (1) In general.--In developing the performance standard + under subsection (a), the Director shall emphasize the ability + to detect as many perfluorinated compounds present in the + environment as possible using analytical methods that-- + (A) achieve limits of quantitation (as defined in + the document of the United States Geological Survey + entitled ``Analytical Methods for Chemical Analysis of + Geologic and Other Materials, U.S. Geological Survey'' + and dated 2002); and + (B) are as sensitive as is feasible and + practicable. + (2) Requirement.--In developing the performance standard + under subsection (a), the Director may-- + (A) develop quality assurance and quality control + measures to ensure accurate sampling and testing; + (B) develop a training program with respect to the + appropriate method of sample collection and analysis of + perfluorinated compounds; and + (C) coordinate with the Administrator, including, + if appropriate, coordinating to develop media-specific, + validated analytical methods to detect individual and + different perfluorinated compounds simultaneously. + +SEC. 6733. NATIONWIDE SAMPLING. + + (a) In General.--The Director shall carry out a nationwide sampling +to determine the concentration of perfluorinated compounds in +estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, +and soil using the performance standard developed under section +6732(a). + (b) Requirements.--In carrying out the sampling under subsection +(a), the Director shall-- + (1) first carry out the sampling at sources of drinking + water near locations with known or suspected releases of + perfluorinated compounds; + (2) when carrying out sampling of sources of drinking water + under paragraph (1), carry out the sampling prior to any + treatment of the water; + (3) survey for ecological exposure to perfluorinated + compounds, with a priority in determining direct human exposure + through drinking water; and + (4) consult with-- + (A) States to determine areas that are a priority + for sampling; and + (B) the Administrator-- + (i) to enhance coverage of the sampling; + and + (ii) to avoid unnecessary duplication. + (c) Report.--Not later than 90 days after the completion of the +sampling under subsection (a), the Director shall prepare a report +describing the results of the sampling and submit the report to-- + (1) the Committee on Environment and Public Works and the + Committee on Energy and Natural Resources of the Senate; + (2) the Committee on Energy and Commerce of the House of + Representatives; + (3) the Senators of each State in which the Director + carried out the sampling; and + (4) each Member of the House of Representatives that + represents a district in which the Director carried out the + sampling. + +SEC. 6734. DATA USAGE. + + (a) In General.--The Director shall provide the sampling data +collected under section 6733 to-- + (1) the Administrator; and + (2) other Federal and State regulatory agencies on request. + (b) Usage.--The sampling data provided under subsection (a) shall +be used to inform and enhance assessments of exposure, likely health +and environmental impacts, and remediation priorities. + +SEC. 6735. COLLABORATION. + + In carrying out this subtitle, the Director shall collaborate +with-- + (1) appropriate Federal and State regulators; + (2) institutions of higher education; + (3) research institutions; and + (4) other expert stakeholders. + +SEC. 6736. AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated to the Director to carry +out this subtitle-- + (1) $5,000,000 for fiscal year 2020; and + (2) $10,000,000 for each of fiscal years 2021 through 2024. + + Subtitle D--Safe Drinking Water Assistance + +SEC. 6741. DEFINITIONS. + + In this subtitle: + (1) Contaminant.--The term ``contaminant'' means any + physical, chemical, biological, or radiological substance or + matter in water. + (2) Contaminant of emerging concern; emerging + contaminant.--The terms ``contaminant of emerging concern'' and + ``emerging contaminant'' mean a contaminant-- + (A) for which the Administrator has not promulgated + a national primary drinking water regulation; and + (B) that may have an adverse effect on the health + of individuals. + (3) Federal research strategy.--The term ``Federal research + strategy'' means the coordinated cross-agency plan for + addressing critical research gaps related to detecting, + assessing exposure to, and identifying the adverse health + effects of emerging contaminants in drinking water developed by + the Office of Science and Technology Policy in response to the + report of the Committee on Appropriations of the Senate + accompanying S. 1662 of the 115th Congress (S. Rept. 115-139). + (4) Technical assistance and support.--The term ``technical + assistance and support'' includes-- + (A) assistance with-- + (i) identifying appropriate analytical + methods for the detection of contaminants; + (ii) understanding the strengths and + limitations of the analytical methods described + in clause (i); + (iii) troubleshooting the analytical + methods described in clause (i); + (B) providing advice on laboratory certification + program elements; + (C) interpreting sample analysis results; + (D) providing training with respect to proper + analytical techniques; + (E) identifying appropriate technology for the + treatment of contaminants; and + (F) analyzing samples, if-- + (i) the analysis cannot be otherwise + obtained in a practicable manner otherwise; and + (ii) the capability and capacity to perform + the analysis is available at a Federal + facility. + (5) Working group.--The term ``Working Group'' means the + Working Group established under section 6742(b)(1). + +SEC. 6742. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON + EMERGING CONTAMINANTS. + + (a) In General.--The Administrator shall-- + (1) review Federal efforts-- + (A) to identify, monitor, and assist in the + development of treatment methods for emerging + contaminants; and + (B) to assist States in responding to the human + health risks posed by contaminants of emerging concern; + and + (2) in collaboration with owners and operators of public + water systems, States, and other interested stakeholders, + establish a strategic plan for improving the Federal efforts + referred to in paragraph (1). + (b) Interagency Working Group on Emerging Contaminants.-- + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Administrator and the Secretary of + Health and Human Services shall jointly establish a Working + Group to coordinate the activities of the Federal Government to + identify and analyze the public health effects of drinking + water contaminants of emerging concern. + (2) Membership.--The Working Group shall include + representatives of the following: + (A) The Environmental Protection Agency, appointed + by the Administrator. + (B) The following agencies, appointed by the + Secretary of Health and Human Services: + (i) The National Institutes of Health. + (ii) The Centers for Disease Control and + Prevention. + (iii) The Agency for Toxic Substances and + Disease Registry. + (C) The United States Geological Survey, appointed + by the Secretary of the Interior. + (D) Any other Federal agency the assistance of + which the Administrator determines to be necessary to + carry out this subsection, appointed by the head of the + respective agency. + (3) Existing working group.--The Administrator may expand + or modify the duties of an existing working group to perform + the duties of the Working Group under this subsection. + (c) National Emerging Contaminant Research Initiative.-- + (1) Federal research strategy.-- + (A) In general.--Not later than 180 days after the + date of enactment of this Act, the Director of the + Office of Science and Technology Policy (referred to in + this subsection as the ``Director'') shall coordinate + with the heads of the agencies described in + subparagraph (C) to establish a research initiative, to + be known as the ``National Emerging Contaminant + Research Initiative'', that shall-- + (i) use the Federal research strategy to + improve the identification, analysis, + monitoring, and treatment methods of + contaminants of emerging concern; and + (ii) develop any necessary program, policy, + or budget to support the implementation of the + Federal research strategy, including mechanisms + for joint agency review of research proposals, + for interagency cofunding of research + activities, and for information sharing across + agencies. + (B) Research on emerging contaminants.--In carrying + out subparagraph (A), the Director shall-- + (i) take into consideration consensus + conclusions from peer-reviewed, pertinent + research on emerging contaminants; and + (ii) in consultation with the + Administrator, identify priority emerging + contaminants for research emphasis. + (C) Federal participation.--The agencies referred + to in subparagraph (A) include-- + (i) the National Science Foundation; + (ii) the National Institutes of Health; + (iii) the Environmental Protection Agency; + (iv) the National Institute of Standards + and Technology; + (v) the United States Geological Survey; + and + (vi) any other Federal agency that + contributes to research in water quality, + environmental exposures, and public health, as + determined by the Director. + (D) Participation from additional entities.--In + carrying out subparagraph (A), the Director shall + consult with nongovernmental organizations, State and + local governments, and science and research + institutions determined by the Director to have + scientific or material interest in the National + Emerging Contaminant Research Initiative. + (2) Implementation of research recommendations.-- + (A) In general.--Not later than 1 year after the + date on which the Director and heads of the agencies + described in paragraph (1)(C) establish the National + Emerging Contaminant Research Initiative under + paragraph (1)(A), the head of each agency described in + paragraph (1)(C) shall-- + (i) issue a solicitation for research + proposals consistent with the Federal research + strategy; and + (ii) make grants to applicants that submit + research proposals selected by the National + Emerging Contaminant Research Initiative in + accordance with subparagraph (B). + (B) Selection of research proposals.--The National + Emerging Contaminant Research Initiative shall select + research proposals to receive grants under this + paragraph on the basis of merit, using criteria + identified by the Director, including the likelihood + that the proposed research will result in significant + progress toward achieving the objectives identified in + the Federal research strategy. + (C) Eligible entities.--Any entity or group of 2 or + more entities may submit to the head of each agency + described in paragraph (1)(C) a research proposal in + response to the solicitation for research proposals + described in subparagraph (A)(i), including-- + (i) State and local agencies; + (ii) public institutions, including public + institutions of higher education; + (iii) private corporations; and + (iv) nonprofit organizations. + (d) Federal Technical Assistance and Support for States.-- + (1) Study.-- + (A) In general.--Not later than 1 year after the + date of enactment of this Act, the Administrator shall + conduct a study on actions the Administrator can take + to increase technical assistance and support for States + with respect to emerging contaminants in drinking water + samples. + (B) Contents of study.--In carrying out the study + described in subparagraph (A), the Administrator shall + identify-- + (i) methods and effective treatment options + to increase technical assistance and support + with respect to emerging contaminants to + States, including identifying opportunities for + States to improve communication with various + audiences about the risks associated with + emerging contaminants; + (ii) means to facilitate access to + qualified contract testing laboratory + facilities that conduct analyses for emerging + contaminants; and + (iii) actions to be carried out at existing + Federal laboratory facilities, including the + research facilities of the Administrator, to + provide technical assistance and support for + States that require testing facilities for + emerging contaminants. + (C) Availability of analytical resources.--In + carrying out the study described in subparagraph (A), + the Administrator shall consider-- + (i) the availability of-- + (I) Federal and non-Federal + laboratory capacity; and + (II) validated methods to detect + and analyze contaminants; and + (ii) other factors determined to be + appropriate by the Administrator. + (2) Report.--Not later than 18 months after the date of + enactment of this Act, the Administrator shall submit to + Congress a report describing the results of the study described + in paragraph (1). + (3) Program to provide federal assistance to states.-- + (A) In general.--Not later than 3 years after the + date of enactment of this Act, based on the findings in + the report described in paragraph (2), the + Administrator shall develop a program to provide + technical assistance and support to eligible States for + the testing and analysis of emerging contaminants. + (B) Application.-- + (i) In general.--To be eligible for + technical assistance and support under this + paragraph, a State shall submit to the + Administrator an application at such time, in + such manner, and containing such information as + the Administrator may require. + (ii) Criteria.--The Administrator shall + evaluate an application for technical + assistance and support under this paragraph on + the basis of merit using criteria identified by + the Administrator, including-- + (I) the laboratory facilities + available to the State; + (II) the availability and + applicability of existing analytical + methodologies; + (III) the potency and severity of + the emerging contaminant, if known; and + (IV) the prevalence and magnitude + of the emerging contaminant. + (iii) Prioritization.--In selecting States + to receive technical assistance and support + under this paragraph, the Administrator-- + (I) shall give priority to States + with affected areas primarily in + financially distressed communities; + (II) may-- + (aa) waive the application + process in an emergency + situation; and + (bb) require an abbreviated + application process for the + continuation of work specified + in a previously approved + application that continues to + meet the criteria described in + clause (ii); and + (III) shall consider the relative + expertise and availability of-- + (aa) Federal and non- + Federal laboratory capacity + available to the State; + (bb) analytical resources + available to the State; and + (cc) other types of + technical assistance available + to the State. + (C) Database of available resources.--The + Administrator shall establish and maintain a database + of resources available through the program developed + under subparagraph (A) to assist States with testing + for emerging contaminants that-- + (i) is-- + (I) available to States and + stakeholder groups determined by the + Administrator to have scientific or + material interest in emerging + contaminants, including-- + (aa) drinking water and + wastewater utilities; + (bb) laboratories; + (cc) Federal and State + emergency responders; + (dd) State primacy + agencies; + (ee) public health + agencies; and + (ff) water associations; + (II) searchable; and + (III) accessible through the + website of the Administrator; and + (ii) includes a description of-- + (I) qualified contract testing + laboratory facilities that conduct + analyses for emerging contaminants; and + (II) the resources available in + Federal laboratory facilities to test + for emerging contaminants. + (D) Water contaminant information tool.--The + Administrator shall integrate the database established + under subparagraph (C) into the Water Contaminant + Information Tool of the Environmental Protection + Agency. + (4) Funding.--Of the amounts available to the + Administrator, the Administrator may use not more than + $15,000,000 in a fiscal year to carry out this subsection. + (e) Report.--Not less frequently than once every 2 years until +2029, the Administrator shall submit to Congress a report that +describes the progress made in carrying out this subtitle. + (f) Effect.--Nothing in this section modifies any obligation of a +State, local government, or Indian Tribe with respect to treatment +methods for, or testing or monitoring of, drinking water. + + Subtitle E--Miscellaneous + +SEC. 6751. PFAS DATA CALL. + + Section 8(a) of the Toxic Substances Control Act (15 U.S.C. +2607(a)) is amended by adding at the end the following: + ``(7) PFAS data.--Not later than January 1, 2023, the + Administrator shall promulgate a rule in accordance with this + subsection requiring each person who has manufactured a + chemical substance that is a perfluoroalkyl or polyfluoroalkyl + substance in any year since January 1, 2006, to submit to the + Administrator a report that includes, for each year since + January 1, 2006, the information described in paragraph (2).''. + +SEC. 6752. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS. + + Not later than June 22, 2020, the Administrator shall take final +action on the significant new use rule proposed by the Administrator +under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) in the +proposed rule entitled ``Long-Chain Perfluoroalkyl Carboxylate and +Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use +Rule'' (80 Fed. Reg. 2885 (January 21, 2015)). + +SEC. 6753. PFAS DESTRUCTION AND DISPOSAL GUIDANCE. + + (a) In General.--Not later than 1 year after the date of enactment +of this Act, the Administrator shall publish interim guidance on the +destruction and disposal of perfluoroalkyl and polyfluoroalkyl +substances and materials containing perfluoroalkyl and polyfluoroalkyl +substances, including-- + (1) aqueous film-forming foam; + (2) soil and biosolids; + (3) textiles treated with perfluoroalkyl and + polyfluoroalkyl substances; and + (4) spent filters, membranes, and other waste from water + treatment. + (b) Considerations; Inclusions.--The interim guidance under +subsection (a) shall-- + (1) take into consideration-- + (A) the potential for releases of perfluoroalkyl + and polyfluoroalkyl substances during destruction or + disposal, including through volatilization, air + dispersion, or leachate; and + (B) potentially vulnerable populations living near + likely destruction or disposal sites; and + (2) provide guidance on testing and monitoring air, + effluent, and soil near potential destruction or disposal sites + for releases described in paragraph (1)(A). + (c) Revisions.--The Administrator shall publish revisions to the +interim guidance under subsection (a) as the Administrator determines +to be appropriate, but not less frequently than once every 3 years. + +SEC. 6754. PFAS RESEARCH AND DEVELOPMENT. + + (a) In General.--The Administrator, acting through the Assistant +Administrator for the Office of Research and Development, shall-- + (1)(A) further examine the effects of perfluoroalkyl and + polyfluoroalkyl substances on human health and the environment; + and + (B) make publicly available information relating to the + findings under subparagraph (A); + (2) develop a process for prioritizing which perfluoroalkyl + and polyfluoroalkyl substances, or classes of perfluoroalkyl + and polyfluoroalkyl substances, should be subject to additional + research or regulatory efforts that is based on-- + (A) the potential for human exposure to the + substances or classes of substances; + (B) the potential toxicity of the substances or + classes of substances; and + (C) information available about the substances or + classes of substances; + (3) develop new tools to characterize and identify + perfluoroalkyl and polyfluoroalkyl substances in the + environment, including in drinking water, wastewater, surface + water, groundwater, solids, and the air; + (4) evaluate approaches for the remediation of + contamination by perfluoroalkyl and polyfluoroalkyl substances + in the environment; and + (5) develop and implement new tools and materials to + communicate with the public about perfluoroalkyl and + polyfluoroalkyl substances. + (b) Funding.--There is authorized to be appropriated to the +Administrator to carry out this section $15,000,000 for each of fiscal +years 2020 through 2024. + +TITLE LXVIII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT + SYNTHETIC OPIOIDS + +SEC. 6801. SHORT TITLE. + + This title may be cited as the ``Fentanyl Sanctions Act''. + +SEC. 6802. FINDINGS. + + Congress makes the following findings: + (1) The Centers for Disease Control and Prevention estimate + that from September 2017 through September 2018 more than + 48,200 people in the United States died from an opioid + overdose, with synthetic opioids (excluding methadone), + contributing to a record 31,900 overdose deaths. While drug + overdose death estimates from methadone, semi-synthetic + opioids, and heroin have decreased in recent months, overdose + deaths from synthetic opioids have continued to increase. + (2) Congress and the President have taken a number of + actions to combat the demand for illicit opioids in the United + States, including enacting into law the SUPPORT for Patients + and Communities Act (Public Law 115-271; 132 Stat. 3894). While + new statutes and regulations have reduced the rate of opioid + prescriptions in recent years, fully addressing the United + States opioid crisis will involve dramatically restricting the + foreign supply of illicit opioids. + (3) The People's Republic of China is the world's largest + producer of illicit fentanyl, fentanyl analogues, and their + immediate precursors. From the People's Republic of China, + those substances are shipped primarily through express + consignment carriers or international mail directly to the + United States, or, alternatively, shipped directly to + transnational criminal organizations in Mexico, Canada, and the + Caribbean. + (4) The United States and the People's Republic of China, + Mexico, and Canada have made important strides in combating the + illicit flow of opioids through bilateral efforts of their + respective law enforcement agencies. + (5) The objective of preventing the proliferation of + illicit opioids though existing multilateral and bilateral + initiatives requires additional efforts to deny illicit actors + the financial means to sustain their markets and distribution + networks. + (6) The implementation on May 1, 2019, of the regulations + of the People's Republic of China to schedule all fentanyl + analogues as controlled substances is a major step in combating + global opioid trafficking and represents a major achievement in + United States-China law enforcement dialogues. However, that + step will effectively fulfill the commitment that President Xi + Jinping of the People's Republic of China made to President + Donald Trump at the Group of Twenty meeting in December 2018 + only if the Government of the People's Republic of China + devotes sufficient resources to full implementation and strict + enforcement of the new regulations. The effective enforcement + of the new regulations should result in diminished trafficking + of illicit fentanyl originating from the People's Republic of + China into the United States, so it is in the interests of both + the United States and the People's Republic of China to support + the effective enforcement of the regulations. + (7) While the Department of the Treasury used the Foreign + Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to + sanction the first synthetic opioid trafficking entity in April + 2018, additional economic and financial sanctions policy tools + are needed to help combat the flow of synthetic opioids into + the United States. + +SEC. 6803. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) the United States should apply economic and other + financial sanctions to foreign traffickers of illicit opioids + to protect the national security, foreign policy, and economy + of the United States and the health of the people of the United + States; + (2) it is imperative that the People's Republic of China + follow through on full implementation of the new regulations, + adopted May 1, 2019, to treat all fentanyl analogues as + controlled substances under the laws of the People's Republic + of China, including by devoting sufficient resources for + implementation and strict enforcement of the new regulations; + and + (3) the effective enforcement of the new regulations should + result in diminished trafficking of illicit fentanyl + originating from the People's Republic of China into the United + States, so it is in the interests of both the United States and + the People's Republic of China to support full, effective, and + strict enforcement of the regulations. + +SEC. 6804. DEFINITIONS. + + In this title: + (1) Alien; national; national of the united states.--The + terms ``alien'', ``national'', and ``national of the United + States'' have the meanings given those terms in section 101 of + the Immigration and Nationality Act (8 U.S.C. 1101). + (2) Appropriate congressional committees and leadership.-- + The term ``appropriate congressional committees and + leadership'' means-- + (A) the Committee on Appropriations, the Committee + on Armed Services, the Committee on Banking, Housing, + and Urban Affairs, the Committee on Foreign Relations, + the Committee on Homeland Security and Governmental + Affairs, the Committee on the Judiciary, the Select + Committee on Intelligence, and the majority leader and + the minority leader of the Senate; and + (B) the Committee on Appropriations, the Committee + on Armed Services, the Committee on Financial Services, + the Committee on Foreign Affairs, the Committee on + Homeland Security, the Committee on the Judiciary, the + Permanent Select Committee on Intelligence, and the + Speaker and the minority leader of the House of + Representatives. + (3) Controlled substance; listed chemical.--The terms + ``controlled substance'', ``listed chemical'', ``narcotic + drug'', and ``opioid'' have the meanings given those terms in + section 102 of the Controlled Substances Act (21 U.S.C. 802). + (4) Entity.--The term ``entity'' means a partnership, joint + venture, association, corporation, organization, network, + group, or subgroup, or any form of business collaboration. + (5) Foreign opioid trafficker.--The term ``foreign opioid + trafficker'' means any foreign person that the President + determines plays a significant role in opioid trafficking. + (6) Foreign person.--The term ``foreign person''-- + (A) means-- + (i) any citizen or national of a foreign + country; or + (ii) any entity not organized under the + laws of the United States or a jurisdiction + within the United States; and + (B) does not include the government of a foreign + country. + (7) Knowingly.--The term ``knowingly'', with respect to + conduct, a circumstance, or a result, means that a person has + actual knowledge, or should have known, of the conduct, the + circumstance, or the result. + (8) Opioid trafficking.--The term ``opioid trafficking'' + means any illicit activity-- + (A) to produce, manufacture, distribute, sell, or + knowingly finance or transport illicit synthetic + opioids, controlled substances that are synthetic + opioids, listed chemicals that are synthetic opioids, + or active pharmaceutical ingredients or chemicals that + are used in the production of controlled substances + that are synthetic opioids; + (B) to attempt to carry out an activity described + in subparagraph (A); or + (C) to assist, abet, conspire, or collude with + other persons to carry out such an activity. + (9) Person.--The term ``person'' means an individual or + entity. + (10) United states person.--The term ``United States + person'' means-- + (A) any citizen or national of the United States; + (B) any alien lawfully admitted for permanent + residence in the United States; + (C) any entity organized under the laws of the + United States or any jurisdiction within the United + States (including a foreign branch of such an entity); + or + (D) any person located in the United States. + + Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers + +SEC. 6811. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS. + + (a) Public Report.-- + (1) In general.--The President shall submit to the + appropriate congressional committees and leadership, in + accordance with subsection (c), a report-- + (A) identifying the foreign persons that the + President determines are foreign opioid traffickers; + (B) detailing progress the President has made in + implementing this subtitle; and + (C) providing an update on cooperative efforts with + the Governments of Mexico and the People's Republic of + China with respect to combating foreign opioid + traffickers. + (2) Identification of additional persons.--If, at any time + after submitting a report required by paragraph (1) and before + the submission of the next such report, the President + determines that a foreign person not identified in the report + is a foreign opioid trafficker, the President shall submit to + the appropriate congressional committees and leadership an + additional report containing the information required by + paragraph (1) with respect to the foreign person. + (3) Exclusion.--The President shall not be required to + include in a report under paragraph (1) or (2) any persons with + respect to which the United States has imposed sanctions before + the date of the report under this subtitle or any other + provision of law with respect to opioid trafficking. + (4) Form of report.-- + (A) In general.--Each report required by paragraph + (1) or (2) shall be submitted in unclassified form but + may include a classified annex. + (B) Availability to public.--The unclassified + portion of a report required by paragraph (1) or (2) + shall be made available to the public. + (b) Classified Report.-- + (1) In general.--The President shall submit to the + appropriate congressional committees and leadership, in + accordance with subsection (c), a report, in classified form-- + (A) describing in detail the status of sanctions + imposed under this subtitle, including the personnel + and resources directed toward the imposition of such + sanctions during the preceding fiscal year; + (B) providing background information with respect + to persons newly identified as foreign opioid + traffickers and their illicit activities; + (C) describing actions the President intends to + undertake or has undertaken to implement this subtitle; + and + (D) providing a strategy for identifying additional + foreign opioid traffickers. + (2) Effect on other reporting requirements.--The report + required by paragraph (1) is in addition to the obligations of + the President to keep Congress fully and currently informed + pursuant to the provisions of the National Security Act of 1947 + (50 U.S.C. 3001 et seq.). + (c) Submission of Reports.--Not later than 180 days after the date +of the enactment of this Act, and annually thereafter until the date +that is 5 years after such date of enactment, the President shall +submit the reports required by subsections (a) and (b) to the +appropriate congressional committees and leadership. + (d) Exclusion of Certain Information.-- + (1) Intelligence.--Notwithstanding any other provision of + this section, a report required by subsection (a) or (b) shall + not disclose the identity of any person if the Director of + National Intelligence determines that such disclosure could + compromise an intelligence operation, activity, source, or + method of the United States. + (2) Law enforcement.--Notwithstanding any other provision + of this section, a report required by subsection (a) or (b) + shall not disclose the identity of any person if the Attorney + General, in coordination, as appropriate, with the Director of + the Federal Bureau of Investigation, the Administrator of the + Drug Enforcement Administration, the Secretary of the Treasury, + the Secretary of State, and the head of any other appropriate + Federal law enforcement agency, determines that such disclosure + could reasonably be expected-- + (A) to compromise the identity of a confidential + source, including a State, local, or foreign agency or + authority or any private institution that furnished + information on a confidential basis; + (B) to jeopardize the integrity or success of an + ongoing criminal investigation or prosecution; + (C) to endanger the life or physical safety of any + person; or + (D) to cause substantial harm to physical property. + (3) Notification required.--If the Director of National + Intelligence makes a determination under paragraph (1) or the + Attorney General makes a determination under paragraph (2), the + Director or the Attorney General, as the case may be, shall + notify the appropriate congressional committees and leadership + of the determination and the reasons for the determination. + (4) Rule of construction.--Nothing in this section may be + construed to authorize or compel the disclosure of information + determined by the President to be law enforcement information, + national security information, or other information the + disclosure of which is prohibited by any other provision of + law. + (e) Provision of Information Required for Reports.--The Secretary +of the Treasury, the Attorney General, the Secretary of Defense, the +Secretary of State, the Secretary of Homeland Security, and the +Director of National Intelligence shall consult among themselves and +provide to the President and the Director of the Office of National +Drug Control Policy the appropriate and necessary information to enable +the President to submit the reports required by subsection (a). + +SEC. 6812. SENSE OF CONGRESS ON INTERNATIONAL OPIOID CONTROL REGIME. + + It is the sense of Congress that, in order to apply economic and +other financial sanctions to foreign traffickers of illicit opioids to +protect the national security, foreign policy, and economy of the +United States-- + (1) the President should instruct the Secretary of State to + commence immediately diplomatic efforts, both in appropriate + international fora such as the United Nations, the Group of + Seven, the Group of Twenty, and trilaterally and bilaterally + with partners of the United States, to combat foreign opioid + trafficking, including by working to establish a multilateral + sanctions regime with respect to foreign opioid trafficking; + and + (2) the Secretary of State, in consultation with the + Secretary of the Treasury, should intensify efforts to maintain + and strengthen the coalition of countries formed to combat + foreign opioid trafficking. + +SEC. 6813. IMPOSITION OF SANCTIONS. + + The President shall impose five or more of the sanctions described +in section 6814 with respect to each foreign person that is an entity, +and four or more of such sanctions with respect to each foreign person +that is an individual, that-- + (1) is identified as a foreign opioid trafficker in a + report submitted under section 6811(a); or + (2) the President determines is owned, controlled, directed + by, knowingly supplying or sourcing precursors for, or acting + for or on behalf of, such a foreign opioid trafficker. + +SEC. 6814. DESCRIPTION OF SANCTIONS. + + (a) In General.--The sanctions that may be imposed with respect to +a foreign person under section 6813 are the following: + (1) Loans from united states financial institutions.--The + United States Government may prohibit any United States + financial institution from making loans or providing credits to + the foreign person. + (2) Prohibitions on financial institutions.--The following + prohibitions may be imposed with respect to a foreign person + that is a financial institution: + (A) Prohibition on designation as primary dealer.-- + Neither the Board of Governors of the Federal Reserve + System nor the Federal Reserve Bank of New York may + designate, or permit the continuation of any prior + designation of, the financial institution as a primary + dealer in United States Government debt instruments. + (B) Prohibition on service as a repository of + government funds.--The financial institution may not + serve as agent of the United States Government or serve + as repository for United States Government funds. + The imposition of either sanction under subparagraph (A) or (B) + shall be treated as one sanction for purposes of section 6813, + and the imposition of both such sanctions shall be treated as 2 + sanctions for purposes of that section. + (3) Procurement ban.--The United States Government may not + procure, or enter into any contract for the procurement of, any + goods or services from the foreign person. + (4) Foreign exchange.--The President may, pursuant to such + regulations as the President may prescribe, prohibit any + transactions in foreign exchange that are subject to the + jurisdiction of the United States and in which the foreign + person has any interest. + (5) Banking transactions.--The President may, pursuant to + such regulations as the President may prescribe, prohibit any + transfers of credit or payments between financial institutions + or by, through, or to any financial institution, to the extent + that such transfers or payments are subject to the jurisdiction + of the United States and involve any interest of the foreign + person. + (6) Property transactions.--The President may, pursuant to + such regulations as the President may prescribe, prohibit any + person from-- + (A) acquiring, holding, withholding, using, + transferring, withdrawing, or transporting any property + that is subject to the jurisdiction of the United + States and with respect to which the foreign person has + any interest; + (B) dealing in or exercising any right, power, or + privilege with respect to such property; or + (C) conducting any transaction involving such + property. + (7) Ban on investment in equity or debt of sanctioned + person.--The President may, pursuant to such regulations or + guidelines as the President may prescribe, prohibit any United + States person from investing in or purchasing significant + amounts of equity or debt instruments of the foreign person. + (8) Exclusion of corporate officers.--The President may + direct the Secretary of State to deny a visa to, and the + Secretary of Homeland Security to exclude from the United + States, any alien that the President determines is a corporate + officer or principal of, or a shareholder with a controlling + interest in, the foreign person. + (9) Sanctions on principal executive officers.--The + President may impose on the principal executive officer or + officers of the foreign person, or on individuals performing + similar functions and with similar authorities as such officer + or officers, any of the sanctions described in paragraphs (1) + through (8) that are applicable. + (b) Penalties.--A person that violates, attempts to violate, +conspires to violate, or causes a violation of any regulation, license, +or order issued to carry out subsection (a) shall be subject to the +penalties set forth in subsections (b) and (c) of section 206 of the +International Emergency Economic Powers Act (50 U.S.C. 1705) to the +same extent as a person that commits an unlawful act described in +subsection (a) of that section. + (c) Exceptions.-- + (1) Intelligence and law enforcement activities.--Sanctions + under this section shall not apply with respect to-- + (A) any activity subject to the reporting + requirements under title V of the National Security Act + of 1947 (50 U.S.C. 3091 et seq.); or + (B) any authorized intelligence and law enforcement + activities of the United States. + (2) Exception to comply with united nations headquarters + agreement.--Sanctions under subsection (a)(8) shall not apply + to an alien if admitting the alien into the United States is + necessary to permit the United States to comply with the + Agreement regarding the Headquarters of the United Nations, + signed at Lake Success June 26, 1947, and entered into force + November 21, 1947, between the United Nations and the United + States, the Convention on Consular Relations, done at Vienna + April 24, 1963, and entered into force March 19, 1967, or other + applicable international obligations. + (d) Implementation; Regulatory Authority.-- + (1) Implementation.--The President may exercise all + authorities provided under sections 203 and 205 of the + International Emergency Economic Powers Act (50 U.S.C. 1702 and + 1704) to carry out this section. + (2) Regulatory authority.--The President shall issue such + regulations, licenses, and orders as are necessary to carry out + this section. + +SEC. 6815. WAIVERS. + + (a) Waiver for State-Owned Financial Institutions in Countries That +Cooperate in Multilateral Anti-Trafficking Efforts.-- + (1) In general.--The President may waive for a period of + not more than 12 months the application of sanctions under this + subtitle with respect to a financial institution that is owned + or controlled, directly or indirectly, by a foreign government + or any political subdivision, agency, or instrumentality of a + foreign government, if, not less than 15 days before the waiver + is to take effect, the President certifies to the appropriate + congressional committees and leadership that the foreign + government is closely cooperating with the United States in + efforts to prevent opioid trafficking. + (2) Certification.--The President may certify under + paragraph (1) that a foreign government is closely cooperating + with the United States in efforts to prevent opioid trafficking + if that government is-- + (A) implementing domestic laws to schedule all + fentanyl analogues as controlled substances; and + (B) doing two or more of the following: + (i) Implementing substantial improvements + in regulations involving the chemical and + pharmaceutical production and export of illicit + opioids. + (ii) Implementing substantial improvements + in judicial regulations to combat transnational + criminal organizations that traffic opioids. + (iii) Increasing efforts to prosecute + foreign opioid traffickers. + (iv) Increasing intelligence sharing and + law enforcement cooperation with the United + States with respect to opioid trafficking. + (3) Subsequent renewal of waiver.--The President may renew + a waiver under paragraph (1) for subsequent periods of not more + than 12 months each if, not less than 15 days before the + renewal is to take effect, the Director of National + Intelligence certifies to the appropriate congressional + committees and leadership that the government of the country to + which the waiver applies has effectively implemented and is + effectively enforcing the measures that formed the basis for + the certification under paragraph (2). + (b) Waivers for National Security and Access to Prescription +Medications.-- + (1) In general.--The President may waive the application of + sanctions under this subtitle if the President determines that + the application of such sanctions would harm-- + (A) the national security interests of the United + States; or + (B) subject to paragraph (2), the access of United + States persons to prescription medications. + (2) Monitoring.--The President shall establish a monitoring + program to verify that a person that receives a waiver under + paragraph (1)(B) is not trafficking illicit opioids. + (3) Notification.--Not later than 15 days after making a + determination under paragraph (1), the President shall notify + the appropriate congressional committees and leadership of the + determination and the reasons for the determination. + (c) Humanitarian Waiver.--The President may waive, for renewable +periods of 180 days, the application of the sanctions under this +subtitle if the President certifies to the appropriate congressional +committees and leadership that the waiver is necessary for the +provision of humanitarian assistance. + +SEC. 6816. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION. + + (a) In General.--If a finding under this subtitle, or a +prohibition, condition, or penalty imposed as a result of any such +finding, is based on classified information (as defined in section 1(a) +of the Classified Information Procedures Act (18 U.S.C. App.)) and a +court reviews the finding or the imposition of the prohibition, +condition, or penalty, the President may submit such information to the +court ex parte and in camera. + (b) Rule of Construction.--Nothing in this section shall be +construed to confer or imply any right to judicial review of any +finding under this subtitle, or any prohibition, condition, or penalty +imposed as a result of any such finding. + +SEC. 6817. BRIEFINGS ON IMPLEMENTATION. + + Not later than 90 days after the date of the enactment of the +Fentanyl Sanctions Act, and every 180 days thereafter until the date +that is 5 years after such date of enactment, the President, acting +through the Secretary of State, in coordination with the Secretary of +the Treasury, shall provide to the appropriate congressional committees +and leadership a comprehensive briefing on efforts to implement this +subtitle. + +SEC. 6818. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL NARCOTICS + CONTROL STRATEGY REPORT. + + Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. +2291(a)) is amended by adding at the end the following: + ``(9)(A) An assessment conducted by the Secretary of State, + in consultation with the Secretary of the Treasury, of the + extent to which any diplomatic efforts described in section + 6812 of the Fentanyl Sanctions Act have been successful. + ``(B) Each assessment required by subparagraph (A) shall + include an identification of-- + ``(i) the countries the governments of which have + agreed to undertake measures to apply economic or other + financial sanctions to foreign traffickers of illicit + opioids and a description of those measures; and + ``(ii) the countries the governments of which have + not agreed to measures described in clause (i), and, + with respect to those countries, other measures the + Secretary of State recommends that the United States + take to apply economic and other financial sanctions to + foreign traffickers of illicit opioids.''. + + Subtitle B--Commission on Combating Synthetic Opioid Trafficking + +SEC. 6821. COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING. + + (a) Establishment.-- + (1) In general.--There is established a commission to + develop a consensus on a strategic approach to combating the + flow of synthetic opioids into the United States. + (2) Designation.--The commission established under + paragraph (1) shall be known as the ``Commission on Synthetic + Opioid Trafficking'' (in this section referred to as the + ``Commission''). + (b) Membership.-- + (1) Composition.-- + (A) In general.--Subject to subparagraph (B), the + Commission shall be composed of the following members: + (i) The Administrator of the Drug + Enforcement Administration. + (ii) The Secretary of Homeland Security. + (iii) The Secretary of Defense. + (iv) The Secretary of the Treasury. + (v) The Secretary of State. + (vi) Two members appointed by the majority + leader of the Senate, one of whom shall be a + Member of the Senate and one of whom shall not + be. + (vii) Two members appointed by the minority + leader of the Senate, one of whom shall be a + Member of the Senate and one of whom shall not + be. + (viii) Two members appointed by the Speaker + of the House of Representatives, one of whom + shall be a Member of the House of + Representatives and one of whom shall not be. + (ix) Two members appointed by the minority + leader of the House of Representatives, one of + whom shall be a Member of the House of + Representatives and one of whom shall not be. + (B)(i) The members of the Commission who are not + Members of Congress and who are appointed under clauses + (vi) through (ix) of subparagraph (A) shall be + individuals who are nationally recognized for + expertise, knowledge, or experience in-- + (I) transnational criminal organizations + conducting synthetic opioid trafficking; + (II) the production, manufacturing, + distribution, sale, or transportation of + synthetic opioids; or + (III) relations between-- + (aa) the United States; and + (bb) the People's Republic of + China, Mexico, or any other country of + concern with respect to trafficking in + synthetic opioids. + (ii) An official who appoints members of the + Commission may not appoint an individual as a member of + the Commission if the individual possesses any personal + or financial interest in the discharge of any of the + duties of the Commission. + (iii)(I) All members of the Commission described in + clause (i) shall possess an appropriate security + clearance in accordance with applicable provisions of + law concerning the handling of classified information. + (II) For the purpose of facilitating the activities + of the Commission, the Director of National + Intelligence shall expedite to the fullest degree + possible the processing of security clearances that are + necessary for members of the Commission. + (2) Co-chairs.-- + (A) In general.--The Commission shall have 2 co- + chairs, selected from among the members of the + Commission, one of whom shall be a member of the + majority party and one of whom shall be a member of the + minority party. + (B) Selection.--The individuals who serve as the + co-chairs of the Commission shall be jointly agreed + upon by the President, the majority leader of the + Senate, the minority leader of the Senate, the Speaker + of the House of Representatives, and the minority + leader of the House of Representatives. + (c) Duties.--The duties of the Commission are as follows: + (1) To define the core objectives and priorities of the + strategic approach described in subsection (a)(1). + (2) To weigh the costs and benefits of various strategic + options to combat the flow of synthetic opioids from the + People's Republic of China, Mexico, and other countries. + (3) To evaluate whether the options described in paragraph + (2) are exclusive or complementary, the best means for + executing such options, and how the United States should + incorporate and implement such options within the strategic + approach described in subsection (a)(1). + (4) To review and make determinations on the difficult + choices present within such options, among them what norms- + based regimes the United States should seek to establish to + encourage the effective regulation of dangerous synthetic + opioids. + (5) To report on efforts by actors in the People's Republic + of China to subvert United States laws and to supply illicit + synthetic opioids to persons in the United States, including + up-to-date estimates of the scale of illicit synthetic opioids + flows from the People's Republic of China. + (6) To report on the deficiencies in the regulation of + pharmaceutical and chemical production of controlled substances + and export controls with respect to such substances in the + People's Republic of China and other countries that allow + opioid traffickers to subvert such regulations and controls to + traffic illicit opioids into the United States. + (7) To report on the scale of contaminated or counterfeit + drugs originating from the People's Republic of China and + India. + (8) To report on how the United States could work more + effectively with provincial and local officials in the People's + Republic of China and other countries to combat the illicit + production of synthetic opioids. + (9) In weighing the options for defending the United States + against the dangers of trafficking in synthetic opioids, to + consider possible structures and authorities that need to be + established, revised, or augmented within the Federal + Government. + (d) Functioning of Commission.--The provisions of subsections (c), +(d), (e), (g), (h), (i), and (m) of section 1652 of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +115-232) shall apply to the Commission to the same extent and in the +same manner as such provisions apply to the commission established +under that section, except that-- + (1) subsection (c)(1) of that section shall be applied and + administered by substituting ``30 days'' for ``45 days''; + (2) subsection (g)(4)(A) of that section shall be applied + and administered by inserting ``and the Attorney General'' + after ``Secretary of Defense''; and + (3) subsections (h)(2)(A) and (i)(1)(A) of that section + shall be applied and administered by substituting ``level V of + the Executive Schedule under section 5316'' for ``level IV of + the Executive Schedule under section 5315''. + (e) Treatment of Information Relating to National Security.-- + (1) Responsibility of director of national intelligence.-- + The Director of National Intelligence shall assume + responsibility for the handling and disposition of any + information related to the national security of the United + States that is received, considered, or used by the Commission + under this section. + (2) Information provided by congress.--Any information + related to the national security of the United States that is + provided to the Commission by the appropriate congressional + committees and leadership may not be further provided or + released without the approval of the chairperson of the + committee, or the Member of Congress, as the case may be, that + provided the information to the Commission. + (3) Access after termination of commission.-- + Notwithstanding any other provision of law, after the + termination of the Commission under subsection (h), only the + members and designated staff of the appropriate congressional + committees and leadership, the Director of National + Intelligence (and the designees of the Director), and such + other officials of the executive branch as the President may + designate shall have access to information related to the + national security of the United States that is received, + considered, or used by the Commission. + (f) Reports.--The Commission shall submit to the appropriate +congressional committees and leadership-- + (1) not later than 270 days after the date of the enactment + of this Act, an initial report on the activities and + recommendations of the Commission under this section; and + (2) not later than 270 days after the submission of the + initial report under paragraph (1), a final report on the + activities and recommendations of the Commission under this + section. + (g) Authorization of Appropriations.--There are authorized to be +appropriated $5,000,000 for each of fiscal years 2020 through 2023 to +carry out this section. + (h) Termination.-- + (1) In general.--The Commission, and all the authorities of + this section, shall terminate at the end of the 120-day period + beginning on the date on which the final report required by + subsection (f)(2) is submitted to the appropriate congressional + committees and leadership. + (2) Winding up of affairs.--The Commission may use the 120- + day period described in paragraph (1) for the purposes of + concluding its activities, including providing testimony to + Congress concerning the final report required by subsection + (f)(2) and disseminating the report. + + Subtitle C--Other Matters + +SEC. 6831. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE OF + INTELLIGENCE RESOURCES IN EFFORTS TO SANCTION FOREIGN + OPIOID TRAFFICKERS. + + (a) Program Required.-- + (1) In general.--The Director of National Intelligence + shall, with the concurrence of the Director of the Office of + National Drug Control Policy, carry out a program to allocate + and enhance use of resources of the intelligence community, + including intelligence collection and analysis, to assist the + Secretary of the Treasury, the Secretary of State, and the + Administrator of the Drug Enforcement Administration in efforts + to identify and impose sanctions with respect to foreign opioid + traffickers under subtitle A. + (2) Focus on illicit finance.--To the extent practicable, + efforts described in paragraph (1) shall-- + (A) take into account specific illicit finance + risks related to narcotics trafficking; and + (B) be developed in consultation with the + Undersecretary of the Treasury for Terrorism and + Financial Crimes, appropriate officials of the Office + of Intelligence and Analysis of the Department of the + Treasury, the Director of the Financial Crimes + Enforcement Network, and appropriate Federal law + enforcement agencies. + (b) Review of Counternarcotics Efforts of the Intelligence +Community.--The Director of National Intelligence shall, in +coordination with the Director of the Office of National Drug Control +Policy, carry out a comprehensive review of the current intelligence +collection priorities of the intelligence community for +counternarcotics purposes in order to identify whether such priorities +are appropriate and sufficient in light of the number of lives lost in +the United States each year due to use of illegal drugs. + (c) Reports.-- + (1) Quarterly reports on program.--Not later than 90 days + after the date of the enactment of this Act, and every 90 days + thereafter, the Director of National Intelligence and the + Director of the Office of National Drug Control Policy shall + jointly submit to the appropriate congressional committees and + leadership a report on the status and accomplishments of the + program required by subsection (a) during the 90-day period + ending on the date of the report. The first report under this + paragraph shall also include a description of the amount of + funds devoted by the intelligence community to the efforts + described in subsection (a) during each of fiscal years 2017 + and 2018. + (2) Report on review.--Not later than 120 days after the + date of the enactment of this Act, the Director of National + Intelligence and the Director of the Office of National Drug + Control Policy shall jointly submit to the appropriate + congressional committees and leadership a comprehensive + description of the results of the review required by subsection + (b), including whether the priorities described in that + subsection are appropriate and sufficient in light of the + number of lives lost in the United States each year due to use + of illegal drugs. If the report concludes that such priorities + are not so appropriate and sufficient, the report shall also + include a description of the actions to be taken to modify such + priorities in order to assure than such priorities are so + appropriate and sufficient. + (d) Intelligence Community Defined.--In this section, the term +``intelligence community'' has the meaning given that term in section +3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). + +SEC. 6832. DEPARTMENT OF DEFENSE FUNDING. + + (a) Authorization of Appropriations.--There are authorized to be +appropriated to the Secretary of Defense to carry out the operations +and activities described in subsection (b) $25,000,000 for each of +fiscal years 2020 through 2025. + (b) Operations and Activities.--The operations and activities +described in this subsection are the operations and activities of the +Department of Defense in support of any other department or agency of +the United States Government solely for purposes of carrying out this +title. + (c) Supplement Not Supplant.--Amounts made available under +subsection (a) shall supplement and not supplant other amounts +available to carry out the operations and activities described in +subsection (b). + (d) Notification Requirement.--Amounts authorized to be +appropriated by subsection (a) may not be obligated until 15 days after +the date on which the President notifies the appropriate committees of +Congress of the President's intention to obligate such funds. + (e) Concurrence of Secretary of State.--Operations and activities +described in subsection (b) carried out with foreign persons shall be +conducted with the concurrence of the Secretary of State. + +SEC. 6833. DEPARTMENT OF STATE FUNDING. + + (a) Authorization of Appropriations.--There are authorized to be +appropriated to the Secretary of State to carry out the operations and +activities described in subsection (b) $25,000,000 for each of fiscal +years 2020 through 2025. + (b) Operations and Activities Described.--The operations and +activities described in this subsection are the operations and +activities of the Department of State in carrying out this title. + (c) Supplement Not Supplant.--Amounts authorized to be appropriated +by subsection (a) shall supplement and not supplant other amounts +available to carry out the operations and activities described in +subsection (b). + (d) Notification Requirement.--Amounts authorized to be +appropriated by subsection (a) may not be obligated until 15 days after +the date on which the President notifies the appropriate committees of +Congress of the President's intention to obligate such funds. + +SEC. 6834. DEPARTMENT OF THE TREASURY FUNDING. + + (a) Authorization of Appropriations.--There are authorized to be +appropriated to the Secretary of the Treasury to carry out the +operations and activities described in subsection (b) $25,000,000 for +each of fiscal years 2020 through 2025. + (b) Operations and Activities Described.--The operations and +activities described in this subsection are the operations and +activities of the Department of the Treasury in carrying out this +title. + (c) Supplement Not Supplant.--Amounts authorized to be appropriated +by subsection (a) shall supplement and not supplant other amounts +available to carry out the operations and activities described in +subsection (b). + (d) Notification Requirement.--Amounts authorized to be +appropriated by subsection (a) may not be obligated until 15 days after +the date on which the President notifies the appropriate committees of +Congress of the President's intention to obligate such funds. + +SEC. 6835. TERMINATION. + + The provisions of this title, and any sanctions imposed pursuant to +this title, shall terminate on the date that is 7 years after the date +of the enactment of this Act. + +SEC. 6836. EXCEPTION RELATING TO IMPORTATION OF GOODS. + + (a) In General.--The authorities and requirements to impose +sanctions under this title shall not include the authority or a +requirement to impose sanctions on the importation of goods. + (b) Good Defined.--In this section, the term ``good'' means any +article, natural or manmade substance, material, supply or manufactured +product, including inspection and test equipment, and excluding +technical data. + +SEC. 6837. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. + + In this subtitle, the term ``appropriate committees of Congress'' +means-- + (1) the Committee on Armed Services, the Committee on + Banking, Housing, and Urban Affairs, the Committee on Foreign + Relations, the Select Committee on Intelligence, and the + Committee on Appropriations of the Senate; and + (2) the Committee on Armed Services, the Committee on + Financial Services, the Committee on Foreign Affairs, the + Permanent Select Committee on Intelligence, and the Committee + on Appropriations of the House of Representatives. + + TITLE LXIX--OTTO WARMBIER BANKING RESTRICTIONS INVOLVING NORTH KOREA + ACT OF 2019 + +SEC. 6901. SHORT TITLE. + + This title may be cited as the ``Otto Warmbier Banking Restrictions +Involving North Korea Act of 2019''. + + Subtitle A--Sanctions With Respect to North Korea + +SEC. 6911. FINDINGS. + + Congress finds the following: + (1) Since 2006, the United Nations Security Council has + adopted 10 resolutions imposing sanctions against North Korea + under chapter VII of the United Nations Charter, which-- + (A) prohibit the use, development, and + proliferation of weapons of mass destruction by North + Korea; + (B) prohibit the supply, sale, or transfer of arms + and related materiel to or from North Korea; + (C) prohibit the transfer of luxury goods to North + Korea; + (D) restrict access by North Korea to financial + services that could contribute to nuclear, missile, or + other programs related to the development of weapons of + mass destruction; + (E) restrict North Korean shipping, including the + registration, reflagging, or insuring of North Korean + ships; + (F) prohibit, with limited exceptions, North Korean + exports of coal, precious metals, iron, vanadium, and + rare earth minerals; + (G) prohibit the transfer to North Korea of rocket, + aviation, or jet fuel, as well as gasoline, + condensates, and natural gas liquids; + (H) prohibit new work authorization for North + Korean laborers and require the repatriation of all + North Korean laborers by December 2019; + (I) prohibit exports of North Korean food and + agricultural products, including seafood; + (J) prohibit joint ventures or cooperative + commercial entities or expanding joint ventures with + North Korea; + (K) prohibit exports of North Korean textiles; + (L) require member countries of the United Nations + to seize, inspect, and impound any ship in its + jurisdiction that is suspected of violating Security + Council resolutions with respect to North Korea and to + interdict and inspect all cargo heading to or from + North Korea by land, sea, or air; + (M) limit the transfer to North Korea of refined + petroleum products and crude oil; + (N) ban the sale or transfer to North Korea of + industrial machinery, transportation vehicles, + electronics, iron, steel, and other metals; + (O) reduce North Korean diplomatic staff numbers in + member countries of the United Nations and expel any + North Korean diplomats found to be working on behalf of + a person subject to sanctions or assisting in sanctions + evasion; + (P) limit North Korean diplomatic missions abroad + with respect to staff size and access to banking + privileges and prohibit commerce from being conducted + out of North Korean consular or diplomatic offices; + (Q) require member states of the United Nations to + close representative offices, subsidiaries, and bank + accounts in North Korea; + (R) prohibit countries from providing or receiving + military training to or from North Korea or hosting + North Koreans for specialized teaching or training that + could contribute to the programs of North Korea related + to the development of weapons of mass destruction; + (S) ban countries from granting landing and flyover + rights to North Korean aircraft; and + (T) prohibit trade in statuary of North Korean + origin. + (2) The Government of North Korea has threatened to carry + out nuclear attacks against the United States, South Korea, and + Japan. + (3) The Government of North Korea tested its sixth and + largest nuclear device on September 3, 2017. + (4) According to a report by the International Atomic + Energy Agency released in August 2018, ``The continuation and + further development of the DPRK's nuclear programme and related + statements by the DPRK are a cause for grave concern. The + DPRK's nuclear activities, including those in relation to the + Yongbyon Experimental Nuclear Power Plant (5 MW(e)) reactor, + the use of the building which houses the reported centrifuge + enrichment facility and the construction at the light water + reactor, as well as the DPRK's sixth nuclear test, are clear + violations of relevant UN Security Council resolutions, + including resolution 2375 (2017) and are deeply regrettable.''. + (5) In July 2018, Secretary of State Mike Pompeo testified + to the Committee on Foreign Relations of the Senate that North + Korea ``continue[s] to produce fissile material'' despite + public pledges by North Korean leader Kim Jong-un to + denuclearize. + (6) The 2019 Missile Defense Review conducted by the + Department of Defense states that North Korea ``continues to + pose an extraordinary threat and the United States must remain + vigilant. In the past, North Korea frequently issued explicit + nuclear missile threats against the United States and allies, + all the while working aggressively to field the capability to + strike the U.S. homeland with nuclear-armed ballistic missiles. + Over the past decade, it has invested considerable resources in + its nuclear and ballistic missile programs, and undertaken + extensive nuclear and missile testing in order to realize the + capability to threaten the U.S. homeland with missile attack. + As a result, North Korea has neared the time when it could + credibly do so.''. + (7) Financial transactions and investments that provide + financial resources to the Government of North Korea, and that + fail to incorporate adequate safeguards against the misuse of + those financial resources, pose an undue risk of contributing + to-- + (A) weapons of mass destruction programs of that + Government; and + (B) efforts to evade restrictions required by the + United Nations Security Council on imports or exports + of arms and related materiel, services, or technology + by that Government. + (8) The Federal Bureau of Investigation has determined that + the Government of North Korea was responsible for cyberattacks + against entities in the United States, South Korea, and around + the world. + (9) In November 2017, President Donald Trump designated the + government of North Korea as a state sponsor of terrorism + pursuant to authorities under the Export Administration Act of + 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect at + the time under the International Emergency Economic Powers Act + (50 U.S.C. 1701 et seq.)), the Foreign Assistance Act of 1961 + (22 U.S.C. 2151 et seq.), and the Arms Export Control Act (22 + U.S.C. 2751 et seq.); + (10) On February 22, 2018, the Secretary of State + determined that the Government of North Korea was responsible + for the lethal nerve agent attack in 2017 on Kim Jong Nam, the + half-brother of North Korean leader Kim Jong-un, in Malaysia, + triggering sanctions required under the Chemical and Biological + Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. + 5601 et seq.). + (11) The strict enforcement of sanctions is essential to + the efforts of the international community to achieve the + peaceful, complete, verifiable, and irreversible dismantlement + of weapons of mass destruction programs of the Government of + North Korea. + +SEC. 6912. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) the United States is committed to working with its + allies and partners to halt the nuclear and ballistic missile + programs of North Korea through a policy of maximum pressure + and diplomatic engagement; + (2) the imposition of sanctions, including those under this + title, should not be construed to limit the authority of the + President to fully engage in diplomatic negotiations to further + the policy objective described in paragraph (1); + (3) the successful use of sanctions to halt the nuclear and + ballistic missile programs of North Korea is part of a broader + diplomatic and economic strategy that relies on effective + coordination among relevant Federal agencies and officials, as + well as with international partners of the United States; and + (4) the coordination described in paragraph (3) should + include proper vetting of external messaging and communications + from all parts of the Executive branch to ensure that those + communications are an intentional component of and aligned with + the strategy of the United States with respect to North Korea. + +SEC. 6913. DEFINITIONS. + + In this subtitle, the terms ``applicable Executive order'', +``applicable United Nations Security Council resolution'', +``appropriate congressional committees'', ``Government of North +Korea'', ``North Korea'', and ``North Korean financial institution'' +have the meanings given those terms in section 3 of the North Korea +Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202). + + PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS + +SEC. 6921. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS + THAT PROVIDE FINANCIAL SERVICES TO CERTAIN SANCTIONED + PERSONS. + + (a) In General.--Title II of the North Korea Sanctions and Policy +Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is amended by +inserting after the item relating to section 201A the following: + +``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS + THAT PROVIDE FINANCIAL SERVICES TO CERTAIN SANCTIONED + PERSONS. + + ``(a) In General.--The Secretary of the Treasury shall impose one +or more of the sanctions described in subsection (b) with respect to a +foreign financial institution that the Secretary determines, on or +after the date that is 90 days after the date of the enactment of the +Otto Warmbier Banking Restrictions Involving North Korea Act of 2019, +knowingly provides significant financial services to any person +designated for the imposition of sanctions under-- + ``(1) subsection (a) or (b) of section 104; + ``(2) an applicable Executive order; or + ``(3) an applicable United Nations Security Council + resolution. + ``(b) Sanctions Described.--The sanctions that may be imposed with +respect to a foreign financial institution subject to subsection (a) +are the following: + ``(1) Asset blocking.--The Secretary may block and + prohibit, pursuant to the International Emergency Economic + Powers Act (50 U.S.C. 1701 et seq.), all transactions in all + property and interests in property of the foreign financial + institution if such property and interests in property are in + the United States, come within the United States, or are or + come within the possession or control of a United States + person. + ``(2) Restrictions on correspondent and payable-through + accounts.--The Secretary may prohibit, or impose strict + conditions on, the opening or maintaining in the United States + of a correspondent account or a payable-through account by the + foreign financial institution. + ``(c) Implementation; Penalties.-- + ``(1) Implementation.--The President may exercise all + authorities provided under sections 203 and 205 of the + International Emergency Economic Powers Act (50 U.S.C. 1702 and + 1704) to carry out this section. + ``(2) Penalties.--A person that violates, attempts to + violate, conspires to violate, or causes a violation of this + section or any regulation, license, or order issued to carry + out this section shall be subject to the penalties set forth in + subsections (b) and (c) of section 206 of the International + Emergency Economic Powers Act (50 U.S.C. 1705) to the same + extent as a person that commits an unlawful act described in + subsection (a) of that section. + ``(d) Regulations.--Not later than 180 days after the date of the +enactment of the Otto Warmbier Banking Restrictions Involving North +Korea Act of 2019, the President shall, as appropriate, prescribe +regulations to carry out this section. + ``(e) Exception Relating to Importation of Goods.-- + ``(1) In general.--Notwithstanding section 404(b) or any + provision of this section, the authorities and requirements to + impose sanctions under this section shall not include the + authority or a requirement to impose sanctions on the + importation of goods. + ``(2) Good defined.--In this subsection, the term `good' + means any article, natural or manmade substance, material, + supply or manufactured product, including inspection and test + equipment, and excluding technical data. + ``(f) Definitions.--In this section: + ``(1) Account; correspondent account; payable-through + account.--The terms `account', `correspondent account', and + `payable-through account' have the meanings given those terms + in section 5318A of title 31, United States Code. + ``(2) Financial institution.--The term `financial + institution' means a financial institution specified in + subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), + (M), or (Y) of section 5312(a)(2) of title 31, United States + Code. + ``(3) Foreign financial institution.--The term `foreign + financial institution' shall have the meaning of that term as + determined by the Secretary of the Treasury. + ``(4) Knowingly.--The term `knowingly', with respect to + conduct, a circumstance, or a result, means that a person has + actual knowledge, or should have known, of the conduct, the + circumstance, or the result.''. + (b) Clerical Amendment.--The table of contents for the North Korea +Sanctions and Policy Enhancement Act of 2016 is amended by inserting +after the item relating to section 201A the following: + +``201B. Sanctions with respect to foreign financial institutions that + provide financial services to certain + sanctioned persons.''. + +SEC. 6922. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION + PREVENTION SANCTIONS. + + Section 203(b)(2) of the North Korea Sanctions and Policy +Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by striking +``2 years'' and inserting ``5 years''. + +SEC. 6923. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING OF PROPERTY + OF NORTH KOREAN OFFICIALS. + + It is the sense of Congress that the President should-- + (1) encourage international collaboration through the + Financial Action Task Force and its global network to utilize + its standards and apply means at its disposal to counter the + money laundering, terrorist financing, and proliferation + financing threats emanating from North Korea; and + (2) prioritize multilateral efforts to identify and block-- + (A) any property owned or controlled by a North + Korean official; and + (B) any significant proceeds of kleptocracy by the + Government of North Korea or a North Korean official. + +SEC. 6924. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED NATIONS + SECURITY COUNCIL RESOLUTIONS BY OTHER GOVERNMENTS. + + Section 317 of the Korean Interdiction and Modernization of +Sanctions Act (title III of Public Law 115-44; 131 Stat. 950) is +amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by + striking ``Not later than 180 days after the date of + the enactment of this Act, and annually thereafter for + 5 years,'' and inserting ``Not later than 180 days + after the date of the enactment of the Otto Warmbier + Banking Restrictions Involving North Korea Act of 2019, + and annually thereafter for 5 years,''; + (B) in paragraph (3), by striking ``; or'' and + inserting a semicolon; + (C) by redesignating paragraph (4) as paragraph + (8); and + (D) by inserting after paragraph (3) the following: + ``(4) prohibit, in the territories of such countries or by + persons subject to the jurisdiction of such governments, the + opening of new joint ventures or cooperative entities with + North Korean persons or the expansion of existing joint + ventures through additional investments, whether or not for or + on behalf of the Government of North Korea, unless such joint + ventures or cooperative entities have been approved by the + Committee of the United Nations Security Council established by + United Nations Security Council Resolution 1718 (2006); + ``(5) prohibit the unauthorized clearing of funds by North + Korean financial institutions through financial institutions + subject to the jurisdiction of such governments; + ``(6) prohibit the unauthorized conduct of commercial trade + with North Korea that is prohibited under applicable United + Nations Security Council resolutions; + ``(7) prevent the provision of financial services to North + Korean persons or the transfer of financial services to North + Korean persons to, through, or from the territories of such + countries or by persons subject to the jurisdiction of such + governments; or''; and + (2) by amending subsection (c) to read as follows: + ``(c) Definitions.--In this section: + ``(1) Appropriate congressional committees and + leadership.--The term `appropriate congressional committees and + leadership' means-- + ``(A) the Committee on Foreign Relations, the + Committee on Banking, Housing, and Urban Affairs, and + the majority and minority leaders of the Senate; and + ``(B) the Committee on Foreign Affairs, the + Committee on Financial Services, the Committee on Ways + and Means, and the Speaker, the majority leader, and + the minority leader of the House of Representatives. + ``(2) Applicable united nations security council + resolution; north korean financial institution; north korean + person.--The terms `applicable United Nations Security Council + resolution', `North Korean financial institution', and `North + Korean person' have the meanings given those terms in section 3 + of the North Korea Sanctions and Policy Enhancement Act of 2016 + (22 U.S.C. 9202).''. + +SEC. 6925. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF BENEFICIAL + OWNERSHIP RULES TO ACCESS THE INTERNATIONAL FINANCIAL + SYSTEM. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the Treasury shall submit to +the appropriate congressional committees a report setting forth the +findings of the Secretary regarding how the Government of North Korea +is exploiting laws with respect to the beneficial owner of an entity in +order to access the international financial system. + (b) Elements.--The Secretary shall include in the report required +under subsection (a) proposals for such legislative and administrative +action as the Secretary considers appropriate to combat the abuse by +the Government of North Korea of shell companies and other similar +entities to avoid or evade sanctions. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form but may include a classified annex. + + PART II--CONGRESSIONAL REVIEW AND OVERSIGHT + +SEC. 6931. NOTIFICATION OF TERMINATION OR SUSPENSION OF SANCTIONS. + + Not less than 15 days before taking any action to terminate or +suspend the application of sanctions under this subtitle or an +amendment made by this subtitle, the President shall notify the +appropriate congressional committees of the President's intent to take +the action and the reasons for the action. + +SEC. 6932. REPORTS ON CERTAIN LICENSING ACTIONS. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and every 180 days thereafter, the President +shall submit to the appropriate congressional committees a report on +the operation of the system for issuing licenses for transactions under +covered regulatory provisions during the preceding 180-day period that +includes-- + (1) the number and types of such licenses applied for + during that period; and + (2) the number and types of such licenses issued during + that period. + (b) Covered Regulatory Provision Defined.--In this section, the +term ``covered regulatory provision'' means any of the following +provisions, as in effect on the day before the date of the enactment of +this Act and as such provisions relate to North Korea: + (1) Part 743, 744, or 746 of title 15, Code of Federal + Regulations. + (2) Part 510 of title 31, Code of Federal Regulations. + (3) Any other provision of title 31, Code of Federal + Regulations. + (c) Form.--Each report required by subsection (a) shall be +submitted in unclassified form but may include a classified annex. + +SEC. 6933. BRIEFINGS ON IMPLEMENTATION AND ENFORCEMENT OF SANCTIONS. + + Not later than 90 days after the date of the enactment of this Act, +and every 180 days thereafter, the Secretary of the Treasury shall +provide to the appropriate congressional committees a briefing on +efforts relating to the implementation and enforcement of United States +sanctions with respect to North Korea, including appropriate updates on +the efforts of the Department of the Treasury to address compliance +with such sanctions by foreign financial institutions. + +SEC. 6934. REPORT ON FINANCIAL NETWORKS AND FINANCIAL METHODS OF THE + GOVERNMENT OF NORTH KOREA. + + (a) Report Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, and annually thereafter through + 2025, the President shall submit to the appropriate + congressional committees a report on sources of external + support for the Government of North Korea that includes-- + (A) a description of the methods used by the + Government of North Korea to deal in, transact in, or + conceal the ownership, control, or origin of goods and + services exported by North Korea; + (B) an assessment of the relationship between the + proliferation of weapons of mass destruction by the + Government of North Korea and the financial industry or + financial institutions; + (C) an assessment of the relationship between the + acquisition by the Government of North Korea of + military expertise, equipment, and technology and the + financial industry or financial institutions; + (D) a description of the export by any person to + the United States of goods, services, or technology + that are made with significant amounts of North Korean + labor, material, or goods, including minerals, + manufacturing, seafood, overseas labor, or other + exports from North Korea; + (E) an assessment of the involvement of any person + in human trafficking involving citizens or nationals of + North Korea; + (F) a description of how the President plans to + address the flow of funds generated by activities + described in subparagraphs (A) through (E), including + through the use of sanctions or other means; + (G) an assessment of the extent to which the + Government of North Korea engages in criminal + activities, including money laundering, to support that + Government; + (H) information relating to the identification, + blocking, and release of property described in section + 201B(b)(1) of the North Korea Sanctions and Policy + Enhancement Act of 2016, as added by section 1721; + (I) a description of the metrics used to measure + the effectiveness of law enforcement and diplomatic + initiatives of Federal, State, and foreign governments + to comply with the provisions of applicable United + Nations Security Council resolutions; and + (J) an assessment of the effectiveness of programs + within the financial industry to ensure compliance with + United States sanctions, applicable United Nations + Security Council resolutions, and applicable Executive + orders. + (2) Form.--Each report required by paragraph (1) shall be + submitted in unclassified form but may include a classified + annex. + (b) Interagency Coordination.--The President shall ensure that any +information collected pursuant to subsection (a) is shared among the +Federal departments and agencies involved in investigations described +in section 102(b) of the North Korea Sanctions and Policy Enhancement +Act of 2016 (22 U.S.C. 9212(b)). + +SEC. 6935. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO + TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF CERTAIN + ITEMS TO NORTH KOREA. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and annually thereafter through 2023, the +Director of National Intelligence shall submit to the President, the +Secretary of Defense, the Secretary of Commerce, the Secretary of +State, the Secretary of the Treasury, and the appropriate congressional +committees a report that identifies all countries that the Director +determines are of concern with respect to transshipment, reexportation, +or diversion of items subject to the provisions of the Export +Administration Regulations under subchapter C of chapter VII of title +15, Code of Federal Regulations, to an entity owned or controlled by +the Government of North Korea. + (b) Form.--Each report required by subsection (a) shall be +submitted in unclassified form but may include a classified annex. + + PART III--GENERAL MATTERS + +SEC. 6941. RULEMAKING. + + The President shall prescribe such rules and regulations as may be +necessary to carry out this subtitle and amendments made by this +subtitle. + +SEC. 6942. AUTHORITY TO CONSOLIDATE REPORTS. + + (a) In General.--Any and all reports required to be submitted to +the appropriate congressional committees under this subtitle or an +amendment made by this subtitle that are subject to a deadline for +submission consisting of the same unit of time may be consolidated into +a single report that is submitted pursuant to that deadline. + (b) Contents.--Any reports consolidated under subsection (a) shall +contain all information required under this subtitle or an amendment +made by this subtitle and any other elements that may be required by +existing law. + +SEC. 6943. WAIVERS, EXEMPTIONS, AND TERMINATION. + + (a) Application and Modification of Exemptions and Waivers From +North Korea Sanctions and Policy Enhancement Act of 2016.--Section 208 +of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 +U.S.C. 9228) is amended by inserting ``201B,'' after ``201A,'' each +place it appears. + (b) Suspension.-- + (1) In general.--Subject to section 1731, any requirement + to impose sanctions under this subtitle or the amendments made + by this subtitle, and any sanctions imposed pursuant to this + subtitle or any such amendment, may be suspended for up to one + year if the President makes the certification described in + section 401 of the North Korea Sanctions and Policy Enhancement + Act of 2016 (22 U.S.C. 9251) to the appropriate congressional + committees. + (2) Renewal.--A suspension under paragraph (1) may be + renewed in accordance with section 401(b) of the North Korea + Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. + 9251(b)). + (c) Termination.--Subject to section 1731, any requirement to +impose sanctions under this subtitle or the amendments made by this +subtitle, and any sanctions imposed pursuant to this subtitle or any +such amendment, shall terminate on the date on which the President +makes the certification described in section 402 of the North Korea +Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9252). + +SEC. 6944. PROCEDURES FOR REVIEW OF CLASSIFIED INFORMATION. + + (a) In General.--If a finding under this subtitle or an amendment +made by this subtitle, a prohibition, condition, or penalty imposed as +a result of any such finding, or a penalty imposed under this subtitle +or an amendment made by this subtitle, is based on classified +information (as defined in section 1(a) of the Classified Information +Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the +imposition of the prohibition, condition, or penalty, the Secretary of +the Treasury may submit such information to the court ex parte and in +camera. + (b) Rule of Construction.--Nothing in this section shall be +construed to confer or imply any right to judicial review of any +finding under this subtitle or an amendment made by this subtitle, any +prohibition, condition, or penalty imposed as a result of any such +finding, or any penalty imposed under this subtitle or an amendment +made by this subtitle. + +SEC. 6945. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS. + + Not later than 30 days after the date of the enactment of this Act, +the Secretary of the Treasury shall provide to the appropriate +congressional committees a briefing on-- + (1) the resources allocated by the Department of the + Treasury to support each sanctions program administered by the + Department; and + (2) recommendations for additional authorities or resources + necessary to expand the capacity or capability of the + Department related to implementation and enforcement of such + programs. + +SEC. 6946. BRIEFING ON PROLIFERATION FINANCING. + + (a) In General.--Not later than 60 days after the date of the +enactment of this Act, the Secretary of the Treasury shall provide to +the appropriate congressional committees a briefing on addressing +proliferation finance. + (b) Elements.--The briefing required by subsection (a) shall +include the following: + (1) The Department of the Treasury's definition and + description of an appropriate risk-based approach to combating + financing of the proliferation of weapons of mass destruction. + (2) An assessment of-- + (A) Federal financial regulatory agency oversight, + including by the Financial Crimes Enforcement Network, + of United States financial institutions and the + adoption by their foreign subsidiaries, branches, and + correspondent institutions of a risk-based approach to + proliferation financing; and + (B) whether financial institutions in foreign + jurisdictions known by the United States intelligence + and law enforcement communities to be jurisdictions + through which North Korea moves substantial sums of + licit and illicit finance are applying a risk-based + approach to proliferation financing, and if that + approach is comparable to the approach required by + United States financial institution supervisors. + (3) A survey of the technical assistance the Office of + Technical Assistance of the Department of the Treasury, and + other appropriate Executive branch offices, currently provide + foreign institutions on implementing counter-proliferation + financing best practices. + (4) An assessment of the ability of foreign subsidiaries, + branches, and correspondent institutions of United States + financial institutions to implement a risk-based approach to + proliferation financing. + + Subtitle B--Divestment From North Korea + +SEC. 6951. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM + COMPANIES THAT INVEST IN NORTH KOREA. + + (a) Sense of Congress.--It is the sense of Congress that the United +States should support the decision of any State or local government +made for moral, prudential, or reputational reasons, to divest from, or +prohibit the investment of assets of the State or local government in, +a person that engages in investment activities described in subsection +(c) if North Korea is subject to economic sanctions imposed by the +United States or the United Nations Security Council. + (b) Authority To Divest.--Notwithstanding any other provision of +law, a State or local government may adopt and enforce measures that +meet the requirements of subsection (d) to divest the assets of the +State or local government from, or prohibit investment of the assets of +the State or local government in, any person that the State or local +government determines, using credible information available to the +public, engages in investment activities described in subsection (c). + (c) Investment Activities Described.--Investment activities +described in this subsection are activities of a value of more than +$10,000 relating to an investment in North Korea or in goods or +services originating in North Korea that are not conducted pursuant to +a license issued by the Department of the Treasury. + (d) Requirements.--Any measure taken by a State or local government +under subsection (b) shall meet the following requirements: + (1) Notice.--The State or local government shall provide + written notice to each person with respect to which a measure + under this section is to be applied. + (2) Timing.--The measure applied under this section shall + apply to a person not earlier than the date that is 90 days + after the date on which written notice under paragraph (1) is + provided to the person. + (3) Opportunity to demonstrate compliance.-- + (A) In general.--The State or local government + shall provide to each person with respect to which a + measure is to be applied under this section an + opportunity to demonstrate to the State or local + government that the person does not engage in + investment activities described in subsection (c). + (B) Nonapplication.--If a person with respect to + which a measure is to be applied under this section + demonstrates to the State or local government under + subparagraph (A) that the person does not engage in + investment activities described in subsection (c), the + measure shall not apply to that person. + (4) Sense of congress on avoiding erroneous targeting.--It + is the sense of Congress that a State or local government + should not adopt a measure under subsection (b) with respect to + a person unless the State or local government has-- + (A) made every effort to avoid erroneously + targeting the person; and + (B) verified that the person engages in investment + activities described in subsection (c). + (e) Notice to Department of Justice.--Not later than 30 days before +a State or local government applies a measure under this section, the +State or local government shall notify the Attorney General of that +measure. + (f) Authorization for Prior Applied Measures.-- + (1) In general.--Notwithstanding any other provision of + this section or any other provision of law, a State or local + government may enforce a measure (without regard to the + requirements of subsection (d), except as provided in paragraph + (2)) applied by the State or local government before the date + of the enactment of this Act that provides for the divestment + of assets of the State or local government from, or prohibits + the investment of the assets of the State or local government + in, any person that the State or local government determines, + using credible information available to the public, engages in + investment activities described in subsection (c) that are + identified in that measure. + (2) Application of notice requirements.--A measure + described in paragraph (1) shall be subject to the requirements + of paragraphs (1), (2), and (3)(A) of subsection (d) on and + after the date that is 2 years after the date of the enactment + of this Act. + (g) No Preemption.--A measure applied by a State or local +government that is consistent with subsection (b) or (f) is not +preempted by any Federal law. + (h) Definitions.--In this section: + (1) Asset.-- + (A) In general.--Except as provided in subparagraph + (B), the term ``asset'' means public monies, and + includes any pension, retirement, annuity, endowment + fund, or similar instrument, that is controlled by a + State or local government. + (B) Exception.--The term ``asset'' does not include + employee benefit plans covered by title I of the + Employee Retirement Income Security Act of 1974 (29 + U.S.C. 1001 et seq.). + (2) Investment.--The term ``investment'' includes-- + (A) a commitment or contribution of funds or + property; + (B) a loan or other extension of credit; and + (C) the entry into or renewal of a contract for + goods or services. + (i) Effective Date.-- + (1) In general.--Except as provided in paragraph (2) and + subsection (f), this section applies to measures applied by a + State or local government before, on, or after the date of the + enactment of this Act. + (2) Notice requirements.--Except as provided in subsection + (f), subsections (d) and (e) apply to measures applied by a + State or local government on or after the date of the enactment + of this Act. + +SEC. 6952. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET + MANAGERS. + + Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. +80a-13(c)(1)) is amended-- + (1) in subparagraph (A), by striking ``or'' at the end; + (2) in subparagraph (B), by striking the period and + inserting ``; or''; and + (3) by adding at the end the following: + ``(C) engage in investment activities described in + section 1751(c) of the Otto Warmbier Banking + Restrictions Involving North Korea Act of 2019.''. + +SEC. 6953. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. + + It is the sense of Congress that-- + (1) a fiduciary of an employee benefit plan, as defined in + section 3(3) of the Employee Retirement Income Security Act of + 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid + investing plan assets in, any person the fiduciary determines + engages in investment activities described in section 6951(c), + if-- + (A) the fiduciary makes that determination using + credible information that is available to the public; + and + (B) the fiduciary prudently determines that the + result of that divestment or avoidance of investment + would not be expected to provide the employee benefit + plan with-- + (i) a lower rate of return than alternative + investments with commensurate degrees of risk; + or + (ii) a higher degree of risk than + alternative investments with commensurate rates + of return; and + (2) by divesting assets or avoiding the investment of + assets as described in paragraph (1), the fiduciary is not + breaching the responsibilities, obligations, or duties imposed + upon the fiduciary by subparagraph (A) or (B) of section + 404(a)(1) of the Employee Retirement Income Security Act of + 1974 (29 U.S.C. 1104(a)(1)). + +SEC. 6954. RULE OF CONSTRUCTION. + + Nothing in this subtitle, an amendment made by this subtitle, or +any other provision of law authorizing sanctions with respect to North +Korea shall be construed to affect or displace-- + (1) the authority of a State or local government to issue + and enforce rules governing the safety, soundness, and solvency + of a financial institution subject to its jurisdiction; or + (2) the regulation and taxation by the several States of + the business of insurance, pursuant to the Act of March 9, 1945 + (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly + known as the ``McCarran-Ferguson Act''). + + Subtitle C--Financial Industry Guidance to Halt Trafficking + +SEC. 6961. SHORT TITLE. + + This subtitle may be cited as the ``Financial Industry Guidance to +Halt Trafficking Act'' or the ``FIGHT Act''. + +SEC. 6962. FINDINGS. + + Congress finds the following: + (1) The terms ``human trafficking'' and ``trafficking in + persons'' are used interchangeably to describe crimes involving + the exploitation of a person for the purposes of compelled + labor or commercial sex through the use of force, fraud, or + coercion. + (2) According to the International Labour Organization, + there are an estimated 24,900,000 people worldwide who are + victims of forced labor, including human trafficking victims in + the United States. + (3) Human trafficking is perpetrated for financial gain. + (4) According to the International Labour Organization, of + the estimated $150,000,000,000 or more in global profits + generated annually from human trafficking-- + (A) approximately \2/3\ are generated by commercial + sexual exploitation, exacted by fraud or by force; and + (B) approximately \1/3\ are generated by forced + labor. + (5) Most purchases of commercial sex acts are paid for with + cash, making trafficking proceeds difficult to identify in the + financial system. Nonetheless, traffickers rely heavily on + access to financial institutions as destinations for + trafficking proceeds and as conduits to finance every step of + the trafficking process. + (6) Under section 1956 of title 18, United States Code + (relating to money laundering), human trafficking is a + ``specified unlawful activity'' and transactions conducted with + proceeds earned from trafficking people, or used to further + trafficking operations, can be prosecuted as money laundering + offenses. + +SEC. 6963. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) the President should aggressively apply, as + appropriate, existing sanctions for human trafficking + authorized under section 111 of the Trafficking Victims + Protection Act of 2000 (22 U.S.C. 7108); + (2) the Financial Crimes Enforcement Network of the + Department of the Treasury should continue-- + (A) to monitor reporting required under subchapter + II of chapter 53 of title 31, United States Code + (commonly known as the ``Bank Secrecy Act'') and to + update advisories, as warranted; + (B) to periodically review its advisories to + provide covered financial institutions, as appropriate, + with a list of new ``red flags'' for identifying + activities of concern, particularly human trafficking; + (C) to encourage entities covered by the advisories + described in subparagraph (B) to incorporate relevant + elements provided in the advisories into their current + transaction and account monitoring systems or in + policies, procedures, and training on human trafficking + to enable financial institutions to maintain ongoing + efforts to examine transactions and accounts; + (D) to use geographic targeting orders, as + appropriate, to impose additional reporting and + recordkeeping requirements under section 5326(a) of + title 31, United States Code, to carry out the purposes + of, and prevent evasions of the Bank Secrecy Act; and + (E) to utilize the Bank Secrecy Act Advisory Group + and other relevant entities to identify opportunities + for nongovernmental organizations to share relevant + actionable information on human traffickers' use of the + financial sector for nefarious purposes; + (3) Federal banking regulators, the Department of the + Treasury, relevant law enforcement agencies, and the Human + Smuggling and Trafficking Center, in partnership with + representatives from the United States financial community, + should adopt regular forms of sharing information to disrupt + human trafficking, including developing protocols and + procedures to share actionable information between and amongst + covered institutions, law enforcement, and the United States + intelligence community; + (4) training front line bank and money service business + employees, school teachers, law enforcement officers, foreign + service officers, counselors, and the general public is an + important factor in identifying trafficking victims; + (5) the Department of Homeland Security's Blue Campaign, + training by the BEST Employers Alliance, and similar efforts by + industry, human rights, and nongovernmental organizations + focused on human trafficking provide good examples of current + efforts to educate employees of critical sectors to save + victims and disrupt trafficking networks; + (6) the President should intensify diplomatic efforts, + bilaterally and in appropriate international fora, such as the + United Nations, to develop and implement a coordinated, + consistent, multilateral strategy for addressing the + international financial networks supporting human trafficking; + and + (7) in deliberations between the United States Government + and any foreign country, including through participation in the + Egmont Group of Financial Intelligence Units, regarding money + laundering, corruption, and transnational crimes, the United + States Government should-- + (A) encourage cooperation by foreign governments + and relevant international fora in identifying the + extent to which the proceeds from human trafficking are + being used to facilitate terrorist financing, + corruption, or other illicit financial crimes; + (B) encourage cooperation by foreign governments + and relevant international fora in identifying the + nexus between human trafficking and money laundering; + (C) advance policies that promote the cooperation + of foreign governments, through information sharing, + training, or other measures, in the enforcement of this + subtitle; + (D) encourage the Financial Action Task Force to + update its July 2011 typology reports entitled, + ``Laundering the Proceeds of Corruption'' and ``Money + Laundering Risks Arising from Trafficking in Human + Beings and Smuggling of Migrants'', to identify the + money laundering risk arising from the trafficking of + human beings; and + (E) encourage the Egmont Group of Financial + Intelligence Units to study the extent to which human + trafficking operations are being used for money + laundering, terrorist financing, or other illicit + financial purposes. + +SEC. 6964. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE OFFICE OF + TERRORISM AND FINANCIAL INTELLIGENCE. + + (a) Functions.--Section 312(a)(4) of title 31, United States Code, +is amended-- + (1) by redesignating subparagraphs (E), (F), and (G) as + subparagraphs (F), (G), and (H), respectively; and + (2) by inserting after subparagraph (D) the following: + ``(E) combating illicit financing relating to human + trafficking;''. + (b) Interagency Coordination.--Section 312(a) of such title is +amended by adding at the end the following: + ``(8) Interagency coordination.--The Secretary of the + Treasury, after consultation with the Undersecretary for + Terrorism and Financial Crimes, shall designate an office + within the OTFI that shall coordinate efforts to combat the + illicit financing of human trafficking with-- + ``(A) other offices of the Department of the + Treasury; + ``(B) other Federal agencies, including-- + ``(i) the Office to Monitor and Combat + Trafficking in Persons of the Department of + State; and + ``(ii) the Interagency Task Force to + Monitor and Combat Trafficking; + ``(C) State and local law enforcement agencies; and + ``(D) foreign governments.''. + +SEC. 6965. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING AND OTHER + FINANCIAL TOOLS IN COMBATING HUMAN TRAFFICKING. + + (a) Interagency Task Force Recommendations Targeting Money +Laundering Related to Human Trafficking.-- + (1) In general.--Not later than 270 days after the date of + the enactment of this Act, the Interagency Task Force to + Monitor and Combat Trafficking shall submit to the Committee on + Banking, Housing, and Urban Affairs, the Committee on Foreign + Relations, and the Committee on the Judiciary of the Senate, + the Committee on Financial Services, the Committee on Foreign + Affairs, and the Committee on the Judiciary of the House of + Representatives, the Secretary of the Treasury, and each + appropriate Federal banking agency-- + (A) an analysis of anti-money laundering efforts of + the United States Government, United States financial + institutions, and multilateral development banks + related to human trafficking; and + (B) appropriate legislative, administrative, and + other recommendations to strengthen efforts against + money laundering relating to human trafficking. + (2) Required recommendations.--The recommendations under + paragraph (1) shall include-- + (A) best practices based on successful anti-human + trafficking programs currently in place at domestic and + international financial institutions that are suitable + for broader adoption; + (B) feedback from stakeholders, including victims + of severe trafficking in persons, advocates of persons + at risk of becoming victims of severe forms of + trafficking in persons, the United States Advisory + Council on Human Trafficking, civil society + organizations, and financial institutions on policy + proposals derived from the analysis conducted by the + task force referred to in paragraph (1) that would + enhance the efforts and programs of financial + institutions to detect and deter money laundering + related to human trafficking, including any recommended + changes to internal policies, procedures, and controls + related to human trafficking; + (C) any recommended changes to training programs at + financial institutions to better equip employees to + deter and detect money laundering related to human + trafficking; and + (D) any recommended changes to expand human + trafficking-related information sharing among financial + institutions and between such financial institutions, + appropriate law enforcement agencies, and appropriate + Federal agencies. + (b) Additional Reporting Requirement.--Section 105(d)(7) of the +Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is +amended-- + (1) in the matter preceding subparagraph (A)-- + (A) by inserting ``the Committee on Financial + Services,'' after ``the Committee on Foreign Affairs''; + and + (B) by inserting ``the Committee on Banking, + Housing, and Urban Affairs,'' after ``the Committee on + Foreign Relations,''; + (2) in subparagraph (Q)(vii), by striking ``; and'' and + inserting a semicolon; + (3) in subparagraph (R), by striking the period at the end + and inserting ``; and''; and + (4) by adding at the end the following: + ``(S) the efforts of the United States to eliminate + money laundering related to human trafficking and the + number of investigations, arrests, indictments, and + convictions in money laundering cases with a nexus to + human trafficking.''. + (c) Required Review of Procedures.--Not later than 180 days after +the date of the enactment of this Act, the Federal Financial +Institutions Examination Council, in consultation with the Secretary of +the Treasury, victims of severe forms of trafficking in persons, +advocates of persons at risk of becoming victims of severe forms of +trafficking in persons, the United States Advisory Council on +Trafficking, civil society organizations, the private sector, and +appropriate law enforcement agencies, shall-- + (1) review and enhance training and examinations procedures + to improve the surveillance capabilities of anti-money + laundering and countering the financing of terrorism programs + to detect human trafficking-related financial transactions; + (2) review and enhance procedures for referring potential + human trafficking cases to the appropriate law enforcement + agency; and + (3) determine, as appropriate, whether requirements for + financial institutions and covered financial institutions are + sufficient to detect and deter money laundering related to + human trafficking. + (d) Limitations.--Nothing in this section shall be construed to-- + (1) grant rulemaking authority to the Interagency Task + Force to Monitor and Combat Trafficking; or + (2) authorize financial institutions to deny services to or + violate the privacy of victims of trafficking, victims of + severe forms of trafficking, or individuals not responsible for + promoting severe forms of trafficking in persons. + +SEC. 6966. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN TRAFFICKING. + + It is the sense of Congress that-- + (1) adequate funding should be provided for critical + Federal efforts to combat human trafficking; + (2) the Department of the Treasury should have the + appropriate resources to vigorously investigate human + trafficking networks under section 111 of the Trafficking + Victims Protection Act of 2000 (22 U.S.C. 7108) and other + relevant statutes and Executive orders; + (3) the Department of the Treasury and the Department of + Justice should each have the capacity and appropriate resources + to support technical assistance to develop foreign partners' + ability to combat human trafficking through strong national + anti-money laundering and countering the financing of terrorism + programs; + (4) each United States Attorney's Office should be provided + appropriate funding to increase the number of personnel for + community education and outreach and investigative support and + forensic analysis related to human trafficking; and + (5) the Department of State should be provided additional + resources, as necessary, to carry out the Survivors of Human + Trafficking Empowerment Act (section 115 of Public Law 114-22; + 129 Stat. 243). + + Subtitle D--Other Matters + +SEC. 6971. EXCEPTION RELATING TO IMPORTATION OF GOODS. + + (a) In General.--The authorities and requirements to impose +sanctions authorized under this title or the amendments made by this +title shall not include the authority or requirement to impose +sanctions on the importation of goods. + (b) Good Defined.--In this section, the term ``good'' means any +article, natural or manmade substance, material, supply, or +manufactured product, including inspection and test equipment, and +excluding technical data. + + TITLE LXXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS + +SEC. 7801. PRIORITIZATION OF PROJECTS IN ANNUAL REPORT ON UNFUNDED + REQUIREMENTS FOR LABORATORY MILITARY CONSTRUCTION + PROJECTS. + + Section 2806 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is amended-- + (1) by striking ``Assistant Secretary of Defense for + Energy, Installations, and Environment'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''; + (2) by striking ``reporting'' and inserting ``report''; and + (3) by inserting ``in prioritized order, with specific + accounts and program elements identified,'' after ``evaluation + facilities,''. + +SEC. 7802. PROHIBITION ON USE OF FUNDS TO REDUCE AIR BASE RESILIENCY OR + DEMOLISH PROTECTED AIRCRAFT SHELTERS IN THE EUROPEAN + THEATER WITHOUT CREATING A SIMILAR PROTECTION FROM + ATTACK. + + (a) Ineffectiveness of Section 2802.--Section 2802 shall have no +force or effect. + (b) Prohibition.--No funds authorized to be appropriated by this +Act for fiscal year 2020 for the Department of Defense may be obligated +or expended to implement any activity that reduces air base resiliency +or demolishes protected aircraft shelters in the European theater, and +the Department may not otherwise implement any such activity, without +creating a similar protection from attack in the European theater until +such time as the Secretary of Defense certifies to the congressional +defense committees that protected aircraft shelters are not required in +the European theater. + +SEC. 7803. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN TO THE HOST + NATIONAL ANY EXISTING AIR BASE. + + (a) Ineffectiveness of Section 2803.--Section 2803 shall have no +force or effect. + (b) Prohibition.--No funds authorized to be appropriated by this +Act for fiscal year 2020 for the Department of Defense may be obligated +or expended to implement any activity that closes or returns to the +host nation any existing air base, and the Department may not otherwise +implement any such activity, until such time as the Secretary of +Defense certifies that there is no longer a need for a rotational +military presence in the European theater. + +SEC. 7804. REPORT ON UNFUNDED REQUIREMENTS FOR MAJOR AND MINOR MILITARY + CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT CENTERS OF + THE DEPARTMENT OF DEFENSE AND INCREASE OF MAXIMUM AMOUNTS + FOR SUCH MINOR PROJECTS. + + (a) Report.-- + (1) In general.--The Under Secretary of Defense for + Personnel and Readiness, in coordination with the Assistant + Secretary for Energy, Installations, and Environment for each + military department, shall submit to the congressional defense + committees each year, at the time the budget of the President + for the fiscal year beginning in such year is submitted to + Congress under section 1105(a) of title 31, United States Code, + a report, in priority order, listing unfunded requirements for + major and minor military construction projects for child + development centers of the Department of Defense. + (2) Inclusion of form.--Each report submitted under + paragraph (1) shall include a Department of Defense Form DD1391 + for each major and minor military construction project included + in the report. + (b) Increased Maximum Amounts Applicable to Minor Construction +Projects for Child Development Centers.-- + (1) In general.--For the purpose of any minor military + construction project for a child development center carried out + on or after the date of the enactment of this Act, the amount + specified in section 2805(a)(2) of title 10, United States + Code, is deemed to be $15,000,000. + (2) Sunset.--This subsection shall terminate on the date + that is three years after the date of the enactment of this + Act. + (c) Sense of the Senate.--It is the Sense of the Senate that the +Senate recognizes the need for additional investment in child +development centers and remains committed to ensuring that future +executable requirements for child development centers are funded as +much as possible beginning in fiscal year 2020 based on the list of +unfunded requirements included in the report submitted under subsection +(a). + +SEC. 7805. MODIFICATION OF AUTHORIZED USES OF CERTAIN PROPERTY CONVEYED + BY THE UNITED STATES IN LOS ANGELES, CALIFORNIA. + + (a) In General.--Section 2 of Public Law 85-236 (71 Stat. 517) is +amended in the first sentence by inserting after ``for other military +purposes'' the following: ``and for purposes of meeting the needs of +the homeless (as that term is defined in section 103 of the McKinney- +Vento Homeless Assistance Act (42 U.S.C. 11302))''. + (b) Modification of Use.-- + (1) Application.--The State of California may submit to the + Administrator of General Services an application for use of the + property conveyed pursuant to section 2 of Public Law 85-236 + for purposes of meeting the needs of the homeless in accordance + with the amendment made by subsection (a). + (2) Review of application.-- + (A) In general.--Not later than 60 days after the + date of receipt of an application pursuant to paragraph + (1), the Administrator and the Secretary of Health and + Human Services shall jointly determine whether the use + of the property described in the application is a use + for purposes of meeting the needs of the homeless. + (B) Concurrence by secretary of the army.--If the + Administrator and the Secretary of Health and Human + Services jointly determine that the use of the property + described in the application is for purposes of meeting + the needs of the homeless, the Administrator shall + request concurrence by the Secretary of the Army that + the proposed use to meet the needs of the homeless does + not preclude current and anticipated future use of the + property for training of the National Guard and for + other military purposes. + (3) Modification of instrument of conveyance.--If the + Secretary of the Army concurs that the proposed use to meet the + needs of the homeless does not preclude current and anticipated + future use of the property for training of the National Guard + and for other military purposes, the Administrator shall + execute and record in the appropriate office an instrument of + modification of the deed of conveyance executed pursuant to + Public Law 85-236 in order to authorize such use of the + property. The instrument shall include such additional terms + and conditions as the Administrator considers appropriate to + protect the interests of the United States. + + TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + +SEC. 8101. 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). + +SEC. 8102. MODIFICATION TO CERTAIN REQUIREMENTS RELATING TO PLUTONIUM + PIT PRODUCTION CAPACITY. + + (a) Sense of the Senate.--It is the sense of the Senate that-- + (1) rebuilding a robust plutonium pit production + infrastructure with a capacity of up to 80 pits per year is + critical to maintaining the viability of the nuclear stockpile; + (2) that effort will require cooperation from experts + across the nuclear security enterprise; and + (3) any further delay to achieving a plutonium sustainment + capability to support the planned stockpile life extension + programs will result in an unacceptable capability gap to our + deterrent posture. + (b) Modification to Requirements.--Section 4219 of the Atomic +Energy Defense Act (50 U.S.C. 2538a) is amended-- + (1) in subsection (a), by striking paragraph (5) and + inserting the following: + ``(5) during 2030, produces not less than 80 war reserve + plutonium pits.''; + (2) by striking subsection (b); + (3) by redesignating subsections (c) and (d) as subsections + (b) and (c), respectively; + (4) in subsection (b), as redesignated by paragraph (2), by + striking ``2027 (or, if the authority under subsection (b) is + exercised, 2029)'' and inserting ``2030''; and + (5) in subsection (c), as redesignated by paragraph (2), by + striking ``subsection (c)'' and inserting ``subsection (b)''. + + TITLE LXXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD + +SEC. 8202. MEMBERSHIP OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD. + + The text of section 3202(b)(1)(A) is hereby deemed to read as +follows: + ``(1) in paragraph (1), by striking the second sentence and + inserting the following new sentences: `A member may be + reappointed for a second term only if the member was confirmed + by the Senate more than two years into the member's first term. + A member may not be reappointed for a third term.'.''. + + TITLE LXXXV--MARITIME ADMINISTRATION + +SEC. 8500. INEFFECTIVENESS OF TITLE XXXV. + + Title XXXV and the amendment made by that title shall have no force +or effect. + +SEC. 8501. SHORT TITLE. + + This title may be cited as the ``Maritime Administration +Authorization and Enhancement Act of 2019''. + + Subtitle A--Maritime Administration + +SEC. 8511. AUTHORIZATION OF THE MARITIME ADMINISTRATION. + + (a) In General.--There are authorized to be appropriated to the +Department of Transportation for fiscal year 2020, to be available +without fiscal year limitation if so provided in appropriations Acts, +for programs associated with maintaining the United States Merchant +Marine, the following amounts: + (1) For expenses necessary for operations of the United + States Merchant Marine Academy, $95,944,000, of which-- + (A) $77,944,000 shall remain available until + September 30, 2021 for Academy operations; and + (B) $18,000,000 shall remain available until + expended for capital asset management at the Academy. + (2) For expenses necessary to support the State maritime + academies, $50,280,000, of which-- + (A) $2,400,000 shall remain available until + September 30, 2021, for the Student Incentive Program; + (B) $6,000,000 shall remain available until + expended for direct payments to such academies; + (C) $30,080,000 shall remain available until + expended for maintenance and repair of State maritime + academy training vessels; + (D) $3,800,000 shall remain available until + expended for training ship fuel assistance; and + (E) $8,000,000 shall remain available until + expended for offsetting the costs of training ship + sharing. + (3) For expenses necessary to support the National Security + Multi-Mission Vessel Program, $600,000,000, which shall remain + available until expended. + (4) For expenses necessary to support Maritime + Administration operations and programs, $60,442,000, of which + $5,000,000 shall remain available until expended for activities + authorized under section 50307 of title 46, United States Code. + (5) For expenses necessary to dispose of vessels in the + National Defense Reserve Fleet, $5,000,000, which shall remain + available until expended. + (6) For expenses necessary to maintain and preserve a + United States flag Merchant Marine to serve the national + security needs of the United States under chapter 531 of title + 46, United States Code, $300,000,000, which shall remain + available until expended. + (7) For expenses necessary for the loan guarantee program + authorized under chapter 537 of title 46, United States Code, + $33,000,000, of which-- + (A) $30,000,000 may be used for the cost (as + defined in section 502(5) of the Federal Credit Reform + Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under + the program, which shall remain available until + expended; and + (B) $3,000,000 may be used for administrative + expenses relating to loan guarantee commitments under + the program. + (8) For expenses necessary to provide assistance to small + shipyards and for maritime training programs under section + 54101 of title 46, United States Code, $40,000,000, which shall + remain available until expended. + (9) For expenses necessary to implement the Port and + Intermodal Improvement Program, $600,000,000, except that no + funds shall be used for a grant award to purchase fully + automated cargo handling equipment that is remotely operated or + remotely monitored with or without the exercise of human + intervention or control, if the Secretary determines such + equipment would result in a net loss of jobs that relate to the + movement of goods through a port and its intermodal + connections. + +SEC. 8512. MARITIME SECURITY PROGRAM. + + (a) Award of Operating Agreements.--Section 53103 of title 46, +United States Code, is amended by striking ``2025'' each place it +appears and inserting ``2035''. + (b) Effectiveness of Operating Agreements.--Section 53104(a) of +title 46, United States Code, is amended by striking ``2025'' and +inserting ``2035''. + (c) Payments.--Section 53106(a)(1) of title 46, United States Code, +is amended-- + (1) in subparagraph (B), by striking ``and'' after the + semicolon; + (2) in subparagraph (C), by striking ``$3,700,000 for each + of fiscal years 2022, 2023, 2024, and 2025.'' and inserting + ``$5,233,463 for each of fiscal years 2022, 2023, 2024, and + 2025; and''; and + (3) by adding at the end the following: + ``(D) $5,233,463 for each of fiscal years 2026 + through 2035.''. + (d) Authorization of Appropriations.--Section 53111 of title 46, +United States Code, is amended-- + (1) in paragraph (2), by striking ``and'' after the + semicolon; + (2) in paragraph (3), by striking ``$222,000,000 for each + fiscal year thereafter through fiscal year 2025.'' and + inserting ``$314,007,780 for each of fiscal years 2022, 2023, + 2024, and 2025; and''; and + (3) by adding at the end the following: + ``(4) $314,007,780 for each of fiscal years 2026 through + 2035.''. + +SEC. 8513. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT. + + The Inspector General of the Department of Transportation shall-- + (1) not later than 180 days after the date of enactment of + this title, initiate an audit of the Maritime Administration's + actions to address only those recommendations from Chapter 3 + and recommendations 5-1, 5-2, 5-3, 5-4, 5-5, and 5-6 identified + by a National Academy of Public Administration panel in the + November 2017 report entitled ``Maritime Administration: + Defining its Mission, Aligning its Programs, and Meeting its + Objectives''; and + (2) submit to the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on + Transportation and Infrastructure of the House of + Representatives a report containing the results of that audit + once the audit is completed. + +SEC. 8514. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED PREPARATORY + SCHOOL. + + Section 51303 of title 46, United State Code, is amended-- + (1) by striking ``The Secretary'' and inserting the + following: + ``(a) In General.--The Secretary''; and + (2) by adding at the end the following: + ``(b) Appointment of Candidates Selected for Preparatory School +Sponsorship.--The Secretary of Transportation may appoint each year as +cadets at the United States Merchant Marine Academy not more than 40 +qualified individuals sponsored by the Academy to attend preparatory +school during the academic year prior to entrance in the Academy, and +who have successfully met the terms and conditions of sponsorship set +by the Academy.''. + +SEC. 8515. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT MARINE + ACADEMY. + + (a) In General.--Not later than 180 days after the date of +enactment of this title, the Secretary of Transportation shall seek to +enter into an agreement with the National Academy of Public +Administration (referred to in this section as the ``Academy'') to +carry out the activities described in this section. + (b) Study Elements.--In accordance with the agreement described in +subsection (a), the Academy shall conduct a study of the United States +Merchant Marine Academy that consists of the following: + (1) A comprehensive assessment of the United States + Merchant Marine Academy's systems, training, facilities, + infrastructure, information technology, and stakeholder + engagement. + (2) Identification of needs and opportunities for + modernization to help the United States Merchant Marine Academy + keep pace with more modern campuses. + (3) Development of an action plan for the United States + Merchant Marine Academy with specific recommendations for-- + (A) improvements or updates relating to the + opportunities described in paragraph (2); and + (B) systemic changes needed to help the United + States Merchant Marine Academy achieve its mission of + inspiring and educating the next generation of the + mariner workforce on a long-term basis. + (c) Deadline and Report.--Not later than 1 year after the date of +the agreement described in subsection (a), the Academy shall prepare +and submit to the Administrator of the Maritime Administration a report +containing the action plan described in subsection (b)(3), including +specific findings and recommendations. + +SEC. 8516. GENERAL SUPPORT PROGRAM. + + Section 51501 of title 46, United States Code, is amended by adding +at the end the following: + ``(c) National Maritime Centers of Excellence.--The Secretary shall +designate each State maritime academy as a National Maritime Center of +Excellence.''. + +SEC. 8517. MILITARY TO MARINER. + + (a) Credentialing Support.--Not later than 1 year after the date of +enactment of this title, the Secretary of Defense, the Secretary of the +Department in which the Coast Guard operates, the Secretary of +Commerce, and the Secretary of Health and Human Services, with respect +to the applicable services in their respective departments, and in +coordination with one another and with the United States Committee on +the Marine Transportation System, and in consultation with the Merchant +Marine Personnel Advisory Committee, shall, consistent with applicable +law, identify all training and experience within the applicable service +that may qualify for merchant mariner credentialing, and submit a list +of all identified training and experience to the United States Coast +Guard National Maritime Center for a determination of whether such +training and experience counts for credentialing purposes. + (b) Review of Applicable Service.--The United States Coast Guard +Commandant shall make a determination of whether training and +experience counts for credentialing purposes, as described in +subsection (a), not later than 6 months after the date on which the +United States Coast Guard National Maritime Center receives a +submission under subsection (a) identifying a training or experience +and requesting such a determination. + (c) Fees and Services.--The Secretary of Defense, the Secretary of +the Department in which the Coast Guard operates, and the Secretary of +Commerce, with respect to the applicable services in their respective +departments, shall-- + (1) take all necessary and appropriate actions to provide + for the waiver of fees through the National Maritime Center + license evaluation, issuance, and examination for members of + the uniformed services on active duty, if a waiver is + authorized and appropriate, and, if a waiver is not granted, + take all necessary and appropriate actions to provide for the + payment of fees for members of the uniformed services on active + duty by the applicable service to the fullest extent permitted + by law; + (2) direct the applicable services to take all necessary + and appropriate actions to provide for Transportation Worker + Identification Credential cards for members of the uniformed + services on active duty pursuing or possessing a mariner + credential, such as implementation of an equal exchange process + for active duty service members at no or minimal cost; + (3) ensure that members of the applicable services who are + to be discharged or released from active duty and who request + certification or verification of sea service be provided such + certification or verification no later than one month after + discharge or release; + (4) ensure the applicable services have developed, or + continue to operate, as appropriate, the online resource known + as Credentialing Opportunities On-Line to support separating + members of the uniformed services who are seeking information + and assistance on merchant mariner credentialing; and + (5) not later than 1 year after the date of enactment of + this section, take all necessary and appropriate actions to + review and implement service-related medical certifications to + merchant mariner credential requirements. + (d) Advancing Military to Mariner Within the Employer Agencies.-- + (1) In general.--The Secretary of Defense, the Secretary of + the Department in which the Coast Guard operates, and the + Secretary of Commerce shall have direct hiring authority to + employ separated members of the uniformed services with valid + merchant mariner licenses or sea service experience in support + of United States national maritime needs, including the Army + Corps of Engineers, U.S. Customs and Border Protection, and the + National Oceanic and Atmospheric Administration. + (2) Appointments of retired members of the armed forces.-- + Except in the case of positions in the Senior Executive + Service, the requirements of section 3326(b) of title 5, United + States Code, shall not apply with respect to the hiring of a + separated member of the uniformed services under paragraph (1). + (e) Separated Member of the Uniformed Services.--In this section, +the term ``separated member of the uniformed services'' means an +individual who-- + (1) is retiring or is retired as a member of the uniformed + services; + (2) is voluntarily separating or voluntarily separated from + the uniformed services at the end of enlistment or service + obligation; or + (3) is administratively separating or has administratively + separated from the uniformed services with an honorable or + general discharge characterization. + +SEC. 8518. SALVAGE RECOVERIES OF FEDERALLY OWNED CARGOES. + + Section 57100 of title 46, United States Code, is amended by adding +at the end the following: + ``(h) Funds Transfer Authority Related to the Use of National +Defense Reserve Fleet Vessels and the Provision of Maritime-related +Services.-- + ``(1) In general.--When the Secretary of Transportation + provides for the use of its vessels or maritime-related + services and goods under a reimbursable agreement with a + Federal entity, or State or local entity, authorized to receive + goods and services from the Maritime Administration for + programs, projects, activities, and expenses related to the + National Defense Reserve Fleet or maritime-related services: + ``(A) Federal entities are authorized to transfer + funds to the Secretary in advance of expenditure or + upon providing the goods or services ordered, as + determined by the Secretary. + ``(B) The Secretary shall determine all other terms + and conditions under which such payments should be made + and provide such goods and services using its existing + or new contracts, including general agency agreements, + memoranda of understanding, or similar agreements. + ``(2) Reimbursable agreement with a federal entity.-- + ``(A) In general.--The Maritime Administration is + authorized to provide maritime-related services and + goods under a reimbursable agreement with a Federal + entity. + ``(B) Maritime-related services defined.--For the + purposes of this subsection, maritime-related services + includes the acquisition, procurement, operation, + maintenance, preservation, sale, lease, charter, + construction, reconstruction, or reconditioning + (including outfitting and equipping incidental to + construction, reconstruction, or reconditioning) of a + merchant vessel or shipyard, ship site, terminal, pier, + dock, warehouse, or other installation related to the + maritime operations of a Federal entity. + ``(3) Salvaging cargoes.-- + ``(A) In general.--The Maritime Administration may + provide services and purchase goods relating to the + salvaging of cargoes aboard vessels in the custody or + control of the Maritime Administration or its + predecessor agencies and receive and retain + reimbursement from Federal entities for all such costs + as it may incur. + ``(B) Reimbursement.--Reimbursement as provided for + in subparagraph (A) may come from-- + ``(i) the proceeds recovered from such + salvage; or + ``(ii) the Federal entity for which the + Maritime Administration has or will provide + such goods and services, depending on the + agreement of the parties involved. + ``(4) Amounts received.--Amounts received as reimbursements + under this subsection shall be credited to the fund or account + that was used to cover the costs incurred by the Secretary or, + if the period of availability of obligations for that + appropriation has expired, to the appropriation of funds that + is currently available to the Secretary for substantially the + same purpose. Amounts so credited shall be merged with amounts + in such fund or account and shall be available for the same + purposes, and subject to the same conditions and limitations, + as amounts in such fund or account. + ``(5) Advance payments.--Payments made in advance shall be + for any part of the estimated cost as determined by the + Secretary of Transportation. Adjustments to the amounts paid in + advance shall be made as agreed to by the Secretary of + Transportation and the head of the ordering agency or unit + based on the actual cost of goods or services provided. + ``(6) Bill or request for payment.--A bill submitted or a + request for payment is not subject to audit or certification in + advance of payment.''. + +SEC. 8519. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS AND + CARGOES. + + Section 53909 of title 46, United States Code, is amended by adding +at the end the following: + ``(e) Salvage Agreements.--The Secretary of Transportation is +authorized to enter into marine salvage agreements for the recoveries, +sale, and disposal of sunken or damaged vessels, cargoes, or properties +owned or insured by or on behalf of the Maritime Administration, the +United States Shipping Board, the U.S. Shipping Bureau, the United +States Maritime Commission, or the War Shipping Administration. + ``(f) Military Craft.--The Secretary of Transportation shall +consult with the Secretary of the military department concerned prior +to engaging in or authorizing any activity under subsection (e) that +will disturb sunken military craft, as defined in title XIV of the +Ronald W. Reagan National Defense Authorization Act for Fiscal Year +2005 (10 U.S.C. 113 note). + ``(g) Recoveries.--Notwithstanding other provisions of law, the net +proceeds from salvage agreements entered into as authorized in +subsection (e) shall remain available until expended and be distributed +as follows for marine insurance-related salvages: + ``(1) Fifty percent of the net funds recovered shall be + deposited in the war risk revolving fund and shall be available + for the purposes of the war risk revolving fund. + ``(2) Fifty percent of the net funds recovered shall be + deposited in the Vessel Operations Revolving Fund as + established by section 50301(a) of this title and shall be + available until expended as follows: + ``(A) Fifty percent shall be available to the + Administrator of the Maritime Administration for such + acquisition, maintenance, repair, reconditioning, or + improvement of vessels in the National Defense Reserve + Fleet as is authorized under other Federal law. + ``(B) Twenty-five percent shall be available to the + Administrator of the Maritime Administration for the + payment or reimbursement of expenses incurred by or on + behalf of State maritime academies or the United States + Merchant Marine Academy for facility and training ship + maintenance, repair, and modernization, and for the + purchase of simulators and fuel. + ``(C) The remainder shall be distributed for + maritime heritage preservation to the Department of the + Interior for grants as authorized by section 308703 of + title 54.''. + +SEC. 8520. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY. + + (a) Short Title.--This section may be cited as the ``Ports +Improvement Act''. + (b) Port and Intermodal Improvement Program.--Section 50302 of +title 46, United States Code, is amended by striking subsection (c) and +inserting the following: + ``(c) Port and Intermodal Improvement Program.-- + ``(1) General authority.--Subject to the availability of + appropriations, the Secretary of Transportation shall make + grants, on a competitive basis, to eligible applicants to + assist in funding eligible projects for the purpose of + improving the safety, efficiency, or reliability of the + movement of goods through ports and intermodal connections to + ports. + ``(2) Eligible applicant.--The Secretary may make a grant + under this subsection to the following: + ``(A) A State. + ``(B) A political subdivision of a State, or a + local government. + ``(C) A public agency or publicly chartered + authority established by 1 or more States. + ``(D) A special purpose district with a + transportation function. + ``(E) An Indian Tribe (as defined in section 4 of + the Indian Self-Determination and Education Assistance + Act (25 U.S.C. 5304), without regard to + capitalization), or a consortium of Indian Tribes. + ``(F) A multistate or multijurisdictional group of + entities described in this paragraph. + ``(G) A lead entity described in subparagraph (A), + (B), (C), (D), (E), or (F) jointly with a private + entity or group of private entities. + ``(3) Eligible projects.--The Secretary may make a grant + under this subsection-- + ``(A) for a project, or package of projects, that-- + ``(i) is either-- + ``(I) within the boundary of a + port; or + ``(II) outside the boundary of a + port, but is directly related to port + operations or to an intermodal + connection to a port; and + ``(ii) will be used to improve the safety, + efficiency, or reliability of-- + ``(I) the loading and unloading of + goods at the port, such as for marine + terminal equipment; + ``(II) the movement of goods into, + out of, around, or within a port, such + as for highway or rail infrastructure, + intermodal facilities, freight + intelligent transportation systems, and + digital infrastructure systems; or + ``(III) environmental mitigation + measures and operational improvements + directly related to enhancing the + efficiency of ports and intermodal + connections to ports; or + ``(B) notwithstanding paragraph (6)(A)(v), to + provide financial assistance to 1 or more projects + under subparagraph (A) for development phase + activities, including planning, feasibility analysis, + revenue forecasting, environmental review, permitting, + and preliminary engineering and design work. + ``(4) Prohibited uses.--A grant award under this subsection + may not be used-- + ``(A) to finance or refinance the construction, + reconstruction, reconditioning, or purchase of a vessel + that is eligible for such assistance under chapter 537, + unless the Secretary determines such vessel-- + ``(i) is necessary for a project described + in paragraph (3)(A)(ii)(III) of this + subsection; and + ``(ii) is not receiving assistance under + chapter 537; or + ``(B) for any project within a small shipyard (as + defined in section 54101). + ``(5) Applications and process.-- + ``(A) Applications.--To be eligible for a grant + under this subsection, an eligible applicant shall + submit to the Secretary an application in such form, at + such time, and containing such information as the + Secretary considers appropriate. + ``(B) Solicitation process.--Not later than 60 days + after the date that amounts are made available for + grants under this subsection for a fiscal year, the + Secretary shall solicit grant applications for eligible + projects in accordance with this subsection. + ``(6) Project selection criteria.-- + ``(A) In general.--The Secretary may select a + project described in paragraph (3) for funding under + this subsection if the Secretary determines that-- + ``(i) the project improves the safety, + efficiency, or reliability of the movement of + goods through a port or intermodal connection + to a port; + ``(ii) the project is cost effective; + ``(iii) the eligible applicant has + authority to carry out the project; + ``(iv) the eligible applicant has + sufficient funding available to meet the + matching requirements under paragraph (8); + ``(v) the project will be completed without + unreasonable delay; and + ``(vi) the project cannot be easily and + efficiently completed without Federal funding + or financial assistance available to the + project sponsor. + ``(B) Additional considerations.--In selecting + projects described in paragraph (3) for funding under + this subsection, the Secretary shall give substantial + weight to-- + ``(i) the utilization of non-Federal + contributions; + ``(ii) the net benefits of the funds + awarded under this subsection, considering the + cost-benefit analysis of the project, as + applicable; and + ``(iii) the public benefits of the funds + awarded under this subsection. + ``(C) Small projects.--The Secretary may waive the + cost-benefit analysis under subparagraph (A)(ii), and + establish a simplified, alternative basis for + determining whether a project is cost effective, for a + small project described in paragraph (7)(B). + ``(7) Allocation of funds.-- + ``(A) Geographic distribution.--Not more than 25 + percent of the amounts made available for grants under + this subsection for a fiscal year may be used to make + grants for projects in any 1 State. + ``(B) Small projects.--The Secretary shall reserve + 25 percent of the amounts made available for grants + under this subsection each fiscal year to make grants + for eligible projects described in paragraph (3)(A) + that request the lesser of-- + ``(i) 10 percent of the amounts made + available for grants under this subsection for + a fiscal year; or + ``(ii) $11,000,000. + ``(C) Development phase activities.--Not more than + 10 percent of the amounts made available for grants + under this subsection for a fiscal year may be used to + make grants for development phase activities under + paragraph (3)(B). + ``(8) Federal share of total project costs.-- + ``(A) Total project costs.--To be eligible for a + grant under this subsection, an eligible applicant + shall submit to the Secretary an estimate of the total + costs of a project under this subsection based on the + best available information, including any available + engineering studies, studies of economic feasibility, + environmental analyses, and information on the expected + use of equipment or facilities. + ``(B) Federal share.-- + ``(i) In general.--Except as provided in + clause (ii), the Federal share of the total + costs of a project under this subsection shall + not exceed 80 percent. + ``(ii) Rural areas.--The Secretary may + increase the Federal share of costs above 80 + percent for a project located in a rural area. + ``(9) Procedural safeguards.--The Secretary shall issue + guidelines to establish appropriate accounting, reporting, and + review procedures to ensure that-- + ``(A) grant funds are used for the purposes for + which those funds were made available; + ``(B) each grantee properly accounts for all + expenditures of grant funds; and + ``(C) grant funds not used for such purposes and + amounts not obligated or expended are returned. + ``(10) Conditions.-- + ``(A) In general.--The Secretary shall require as a + condition of making a grant under this subsection that + a grantee-- + ``(i) maintain such records as the + Secretary considers necessary; + ``(ii) make the records described in clause + (i) available for review and audit by the + Secretary; and + ``(iii) periodically report to the + Secretary such information as the Secretary + considers necessary to assess progress. + ``(B) Labor.--The Federal wage rate requirements of + subchapter IV of chapter 31 of title 40 shall apply, in + the same manner as such requirements apply to contracts + subject to such subchapter, to-- + ``(i) each project for which a grant is + provided under this subsection; and + ``(ii) all portions of a project described + in clause (i), regardless of whether such a + portion is funded using-- + ``(I) other Federal funds; or + ``(II) non-Federal funds. + ``(11) Limitation on statutory construction.--Nothing in + this subsection shall be construed to affect existing + authorities to conduct port infrastructure programs in-- + ``(A) Hawaii, as authorized by section 9008 of the + SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1926); + ``(B) Alaska, as authorized by section 10205 of the + SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or + ``(C) Guam, as authorized by section 3512 of the + Duncan Hunter National Defense Authorization Act for + Fiscal Year 2009 (48 U.S.C. 1421r). + ``(12) Administration.-- + ``(A) Administrative and oversight costs.--The + Secretary may retain not more than 2 percent of the + amounts appropriated for each fiscal year under this + subsection for the administrative and oversight costs + incurred by the Secretary to carry out this subsection. + ``(B) Availability.-- + ``(i) In general.--Amounts appropriated for + carrying out this subsection shall remain + available until expended. + ``(ii) Unexpended funds.--Amounts awarded + as a grant under this subsection that are not + expended by the grantee during the 5-year + period following the date of the award shall + remain available to the Secretary for use for + grants under this subsection in a subsequent + fiscal year. + ``(13) Definitions.--In this subsection: + ``(A) Appropriate committees of congress.--The term + `appropriate committees of Congress' means-- + ``(i) the Committee on Commerce, Science, + and Transportation of the Senate; and + ``(ii) the Committee on Transportation and + Infrastructure of the House of Representatives. + ``(B) Port.--The term `port' includes-- + ``(i) a seaport; and + ``(ii) an inland waterways port. + ``(C) Project.--The term `project' includes + construction, reconstruction, environmental + rehabilitation, acquisition of property, including land + related to the project and improvements to the land, + equipment acquisition, and operational improvements. + ``(D) Rural area.--The term `rural area' means an + area that is outside an urbanized area. + ``(d) Additional Authority of the Secretary.--In carrying out this +section, the Secretary may-- + ``(1) receive funds from a Federal or non-Federal entity + that has a specific agreement with the Secretary to further the + purposes of this section; + ``(2) coordinate with other Federal agencies to expedite + the process established under the National Environmental Policy + Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of + port facilities to improve the efficiency of the transportation + system, to increase port security, or to provide greater access + to port facilities; + ``(3) seek to coordinate all reviews or requirements with + appropriate Federal, State, and local agencies; and + ``(4) in addition to any financial assistance provided + under subsection (c), provide such technical assistance to port + authorities or commissions or their subdivisions and agents as + needed for project planning, design, and construction.''. + (c) Savings Clause.--A repeal made by subsection (b) of this +section shall not affect amounts apportioned or allocated before the +effective date of the repeal. Such apportioned or allocated funds shall +continue to be subject to the requirements to which the funds were +subject under section 50302(c) of title 46, United States Code, as in +effect on the day before the date of enactment of this title. + +SEC. 8521. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS. + + (a) In General.--Not later than 90 days after the date of the +enactment of this title, the Secretary of Defense shall submit to the +congressional defense committees a report on port facilities used for +military purposes at ports designated by the Department of Defense as +strategic seaports. + (b) Elements.--The report required by subsection (a) shall include, +with respect to port facilities included in the report, the following: + (1) An assessment whether there are structural integrity or + other deficiencies in such facilities. + (2) If there are such deficiencies-- + (A) an assessment of infrastructure improvements to + such facilities that would be needed to meet, directly + or indirectly, national security and readiness + requirements; + (B) an assessment of the impact on operational + readiness of the Armed Forces if such improvements are + not undertaken; and + (C) an identification of, to the maximum extent + practical, all potential funding sources for such + improvements from existing authorities. + (3) An identification of the support that would be + appropriate for the Department of Defense to provide in the + execution of the Secretary of Transportation's responsibilities + under section 50302 of title 46, United States Code, with + respect to such facilities. + (4) If additional statutory or administrative authorities + would be required for the provision of support as described in + paragraph (3), recommendations for legislative or + administrative action to establish such authorities. + (c) Consultation.--The Secretary of Defense shall prepare the +report required by subsection (a) in consultation with the Maritime +Administrator and the individual responsible for each port facility +described in such subsection. + +SEC. 8522. MARITIME TECHNICAL ASSISTANCE PROGRAM. + + Section 50307 of title 46, United States Code, is amended-- + (1) in subsection (a), by striking ``The Secretary of + Transportation may engage in the environmental study'' and + inserting ``The Maritime Administrator, on behalf of the + Secretary of Transportation, shall engage in the study''; + (2) in subsection (b)-- + (A) in the matter preceding paragraph (1), by + striking ``may'' and inserting ``shall''; and + (B) in paragraph (1)-- + (i) in the matter preceding subparagraph + (A), by striking ``that are likely to achieve + environmental improvements by'' and inserting + ``to improve''; + (ii) by redesignating subparagraphs (A) + through (C) as clauses (i) through (iii), + respectively; + (iii) by inserting before clause (i), the + following: + ``(A) environmental performance to meet United + States Federal and international standards and + guidelines, including--''; and + (iv) in clause (iii), as redesignated by + clause (ii), by striking ``species; and'' and + all that follows through the end of the + subsection and inserting ``species; or + ``(iv) reducing propeller cavitation; and + ``(B) the efficiency and safety of domestic + maritime industries; and + ``(2) coordinate with the Environmental Protection Agency, + the Coast Guard, and other Federal, State, local, or tribal + agencies, as appropriate.''. + (3) in subsection (c)(2), by striking ``benefits'' and + inserting ``or other benefits to domestic maritime + industries''; and + (4) by adding at the end the following: + ``(e) Limitations on the Use of Funds.--Not more than 3 percent of +funds appropriated to carry out this program may be used for +administrative purposes.''. + +SEC. 8523. REQUIREMENT FOR SMALL SHIPYARD GRANTEES. + + Section 54101(d) of title 46, United States Code, is amended-- + (1) by striking ``Grants awarded'' and inserting the + following: + ``(1) In general.--Grants awarded''; and + (2) by adding at the end the following: + ``(2) Buy america.-- + ``(A) In general.--Subject to subparagraph (B), no + funds may be obligated by the Administrator of the + Maritime Administration under this section, unless each + product and material purchased with those funds + (including products and materials purchased by a + grantee), and including any commercially available off- + the-shelf item, is-- + ``(i) an unmanufactured article, material, + or supply that has been mined or produced in + the United States; or + ``(ii) a manufactured article, material, or + supply that has been manufactured in the United + States substantially all from articles, + materials, or supplies mined, produced, or + manufactured in the United States. + ``(B) Exceptions.-- + ``(i) In general.--Notwithstanding + subparagraph (A), the requirements of that + subparagraph shall not apply with respect to a + particular product or material if the + Administrator determines-- + ``(I) that the application of those + requirements would be inconsistent with + the public interest; + ``(II) that such product or + material is not available in the United + States in sufficient and reasonably + available quantities, of a satisfactory + quality, or on a timely basis; or + ``(III) that inclusion of a + domestic product or material will + increase the cost of that product or + material by more than 25 percent, with + respect to a certain contract between a + grantee and that grantee's supplier. + ``(ii) Federal register.--A determination + made by the Administrator under this + subparagraph shall be published in the Federal + Register. + ``(C) Definitions.--ln this paragraph: + ``(i) The term `commercially available off- + the-shelf item' means-- + ``(I) any item of supply (including + construction material) that is-- + ``(aa) a commercial item, + as defined by section 2.101 of + title 48, Code of Federal + Regulations (as in effect on + the date of enactment of the + Maritime Administration + Authorization and Enhancement + Act of 2019); and + ``(bb) sold in substantial + quantities in the commercial + marketplace; and + ``(II) does not include bulk cargo, + as defined in section 40102(4) of this + title, such as agricultural products + and petroleum products. + ``(ii) The term `product or material' means + an article, material, or supply brought to the + site by the recipient for incorporation into + the building, work, or project. The term also + includes an item brought to the site + preassembled from articles, materials, or + supplies. However, emergency life safety + systems, such as emergency lighting, fire + alarm, and audio evacuation systems, that are + discrete systems incorporated into a public + building or work and that are produced as + complete systems, are evaluated as a single and + distinct construction material regardless of + when or how the individual parts or components + of those systems are delivered to the + construction site. + ``(iii) The term `United States' includes + the District of Columbia, the Commonwealth of + Puerto Rico, the Northern Mariana Islands, + Guam, American Samoa, and the Virgin + Islands.''. + +SEC. 8524. IMPROVEMENT OF NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM. + + (a) Additional Means of Achievement of Goals of Program Through +Oceanographic Efforts.--Section 8931(b)(2)(A) of title 10, United +States Code, is amended-- + (1) by inserting ``, creating,'' after ``identifying''; and + (2) by inserting ``science,'' after ``areas of''. + (b) National Ocean Research Leadership Council Membership.--Section +8932 of title 10, United States Code, is amended-- + (1) by redesignating subsections (f) through (h) as + subsections (g) through (i), respectively; + (2) in subsection (b)-- + (A) by striking paragraph (10); + (B) by redesignating paragraphs (11) through (14) + as paragraphs (12) through (15), respectively; and + (C) by inserting after paragraph (9) the following + new paragraphs: + ``(10) The Director of the Bureau of Ocean Energy + Management of the Department of the Interior. + ``(11) The Director of the Bureau of Safety and + Environmental Enforcement of the Department of the Interior.''; + (3) in subsection (d)-- + (A) in paragraph (2)-- + (i) in subparagraph (B), by striking + ``broad participation within the oceanographic + community'' and inserting ``appropriate + participation within the oceanographic + community, which may include public, academic, + commercial, and private participation or + support''; and + (ii) in subparagraph (E), by striking + ``peer''; and + (B) in paragraph (3), by striking subparagraph (D) + and inserting the following: + ``(D) Preexisting facilities, such as regional data + centers operated by the Integrated Ocean Observing + System, and expertise.''; + (4) in subsection (e)-- + (A) in the subsection heading by striking + ``Report'' and inserting ``Briefing''; + (B) in the matter preceding paragraph (1), by + striking ``to Congress a report'' and inserting ``to + the Committee on Commerce, Science, and Transportation + of the Senate, the Committee on Armed Services of the + Senate, the Committee on Energy and Natural Resources + of the Senate, the Committee on Natural Resources of + the House of Representatives, and the Committee on + Armed Services of the House of Representatives a + briefing''; + (C) by striking ``report'' and inserting + ``briefing'' each place the term appears; + (D) by striking paragraph (4) and inserting the + following: + ``(4) A description of the involvement of Federal agencies + and non-Federal contributors participating in the program.''; + and + (E) in paragraph (5), by striking ``and the + estimated expenditures under such programs, projects, + and activities during such following fiscal year'' and + inserting ``and the estimated expenditures under such + programs, projects, and activities of the program + during such following fiscal year''; + (5) by inserting after subsection (e) the following: + ``(f) Report.--Not later than March 1 of each year, the Council +shall publish on a publically available website a report summarizing +the briefing described in subsection (e).''; + (6) in subsection (g), as redesignated by paragraph (1)-- + (A) by striking paragraph (1) and inserting the + following: + ``(1) The Secretary of the Navy shall establish an office + to support the National Oceanographic Partnership Program. The + Council shall use competitive procedures in selecting an + operator for the partnership program office.''; and + (B) in paragraph (2)(B), by inserting ``, where + appropriate,'' before ``managing''; and + (7) by amending subsection (h), as redesignated by + paragraph (1), to read as follows: + ``(h) Contract and Grant Authority.-- + ``(1) In general.--To carry out the purposes of the + National Oceanographic Partnership Program, the Council shall + have, in addition to other powers otherwise given it under this + chapter, the following authorities: + ``(A) To authorize one or more of the departments + or agencies represented on the Council to enter into + contracts and make grants or cooperative agreements, + and establish and manage new collaborative programs as + considered appropriate, to address emerging science + priorities using both donated and appropriated funds. + ``(B) To authorize the program office under + subsection (g), on behalf of and subject to the + direction and approval of the Council, to accept funds, + including fines and penalties, from other Federal and + State departments and agencies. + ``(C) To authorize the program office, on behalf of + and subject to the direction and approval of the + Council, to award grants and enter into contracts for + purposes of the National Oceanographic Partnership + Program. + ``(D) To transfer funds to other Federal and State + departments and agencies in furtherance of the purposes + of the National Oceanographic Partnership Program. + ``(E) To authorize one or more of the departments + or agencies represented on the Council to enter into + contracts and make grants, for the purpose of + implementing the National Oceanographic Partnership + Program and carrying out the responsibilities of the + Council. + ``(F) To use, with the consent of the head of the + agency or entity concerned, on a non-reimbursable + basis, the land, services, equipment, personnel, + facilities, advice, and information provided by a + Federal agency or entity, State, local government, + Tribal government, territory, or possession, or any + subdivisions thereof, or the District of Columbia as + may be helpful in the performance of the duties of the + Council. + ``(2) Funds transferred.--Funds identified for direct + support of National Oceanographic Partnership Program grants + are authorized for transfer between agencies and are exempt + from section 1535 of title 31 (commonly known as the ``Economy + Act of 1932'').''. + (c) Ocean Research Advisory Panel.--Section 8933(a)(4) of title 10, +United States Code, is amended by striking ``State governments'' and +inserting ``State and Tribal governments''. + +SEC. 8525. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN PROGRAM. + + (a) Definitions.--Section 53701 of title 46, United States Code, is +amended-- + (1) by striking paragraph (5); + (2) by redesignating paragraphs (6) through (15) as + paragraphs (5) through (14), respectively; and + (3) by adding at the end the following: + ``(15) Vessel of national interest.--The term `Vessel of + National Interest' means a vessel deemed to be of national + interest that meets characteristics determined by the + Administrator, in consultation with the Secretary of Defense, + the Secretary of the Department in which the Coast Guard + Operates, or the heads of other Federal agencies, as described + in section 53703(d).''. + (b) Preferred Lender.--Section 53702(a) of title 46, United States +Code, is amended by adding at the end the following: + ``(2) Preferred eligible lender.--The Federal Financing + Bank shall be the preferred eligible lender of the principal + and interest of the guaranteed obligations issued under this + chapter.''. + (c) Application and Administration.--Section 53703 of title 46, +United States Code, is amended-- + (1) in the section heading, by striking ``procedures'' and + inserting ``and administration''; + (2) by adding at the end the following: + ``(c) Independent Analysis.-- + ``(1) In general.--To assess and mitigate the risks due to + factors associated with markets, technology, financial, or + legal structures related to an application or guarantee under + this chapter, the Secretary or Administrator may utilize third + party experts, including legal counsel, to-- + ``(A) process and review applications under this + chapter, including conducting independent analysis and + review of aspects of an application; + ``(B) represent the Secretary or Administrator in + structuring and documenting the obligation guarantee; + ``(C) analyze and review aspects of, structure, and + document the obligation guarantee during the term of + the guarantee; + ``(D) recommend financial covenants or financial + ratios to be met by the applicant during the time a + guarantee under this chapter is outstanding that are-- + ``(i) based on the financial covenants or + financial ratios, if any, that are then + applicable to the obligor under private sector + credit agreements; and + ``(ii) in lieu of other financial covenants + applicable to the obligor under this chapter + with respect to requirements regarding long- + term debt-to-equity, minimum working capital, + or minimum amount of equity; and + ``(E) represent the Secretary or Administrator to + protect the security interests of the Government + relating to an obligation guarantee. + ``(2) Private sector expert.--Independent analysis, review, + and representation conducted under this subsection shall be + performed by a private sector expert in the applicable field + who is selected by the Secretary or Administrator. + ``(d) Vessels of National Interest.-- + ``(1) Notice of funding.--The Secretary or Administrator + may post a notice in the Federal Register regarding the + availability of funding for obligation guarantees under this + chapter for the construction, reconstruction, or reconditioning + of a Vessel of National Interest and include a timeline for the + submission of applications for such vessels. + ``(2) Vessel characteristics.-- + ``(A) In general.--The Secretary or Administrator, + in consultation with the Secretary of Defense, the + Secretary of the Department in which the Coast Guard + Operates, or the heads of other Federal agencies, shall + develop and publish a list of vessel types that would + be considered Vessels of National Interest. + ``(B) Review.--Such list shall be reviewed and + revised every 4 years or as necessary, as determined by + the Administrator.''. + (d) Funding Limits.--Section 53704 of title 46, United States Code, +is amended-- + (1) in subsection (a)-- + (A) by striking ``that amount'' and all the follows + through ``$850,000,000'' and inserting ``that amount, + $850,000,000''; and + (B) by striking ``facilities'' and all that follows + through the end of the subsection and inserting + ``facilities.''; and + (2) in subsection (c)(4)-- + (A) by striking subparagraph (A); and + (B) by redesignating subparagraphs (B) through (K), + as subparagraphs (A) through (J), respectively. + (e) Eligible Purposes of Obligations.--Section 53706 of title 46, +United States Code, is amended-- + (1) in subsection (a)(1)(A)-- + (A) in the matter preceding clause (i), by striking + ``(including an eligible export vessel);'' + (B) in clause (iv) by adding ``or'' after the + semicolon; + (C) in clause (v), by striking ``; or'' and + inserting a period; and + (D) by striking clause (vi); and + (2) in subsection (c)(1)-- + (A) in subparagraph (A), by striking ``and'' after + the semicolon; + (B) in subparagraph (B)(ii), by striking the period + at the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(C) after applying subparagraphs (A) and (B), + Vessels of National Interest.''. + (f) Amount of Obligations.--Section 53709(b) of title 46, United +States Code, is amended-- + (1) by striking paragraphs (3) and (6); and + (2) by redesignating paragraphs (4) and (5) as paragraphs + (3) and (4), respectively. + (g) Contents of Obligations.--Section 53710 of title 46, United +States Code, is amended-- + (1) in subsection (a)(4)-- + (A) in subparagraph (A)-- + (i) by striking ``or, in the case of'' and + all that follows through ``party''; and + (ii) by striking ``and'' after the + semicolon; and + (B) in subparagraph (B), by striking the period at + the end and inserting ``; and''; and + (C) by adding at the end the following: + ``(C) documented under the laws of the United + States for the term of the guarantee of the obligation + or until the obligation is paid in full, whichever is + sooner.''; and + (2) in subsection (c)-- + (A) in the subsection heading, by inserting ``and + Provide for the Financial Stability of the Obligor'' + after ``Interests''; + (B) by striking ``provisions for the protection + of'' and inserting ``provisions, which shall include-- + ``(1) provisions for the protection of''; + (C) by striking ``, and other matters that the + Secretary or Administrator may prescribe.'' and + inserting, ``; and''; and + (D) by adding at the end the following: + ``(2) any other provisions that the Secretary or + Administrator may prescribe.''. + (h) Administrative Fees.--Section 53713 of title 46, United States +Code, is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by + striking ``reasonable for--'' and inserting `` + reasonable for processing the application and + monitoring the loan guarantee, including for--''; + (B) in paragraph (4), by striking ``; and'' and + inserting ``or a deposit fund under section 53716 of + this title;''; + (C) in paragraph (5), by striking the period at the + end and inserting ``; and''; and + (D) by adding at the end the following: + ``(6) monitoring and providing services related to the + obligor's compliance with any terms related to the obligations, + the guarantee, or maintenance of the Secretary or + Administrator's security interests under this chapter.''; and + (2) in subsection (c)-- + (A) in paragraph (1), by striking ``under section + 53708(d) of this title'' and inserting ``under section + 53703(c) of this title''; + (B) by redesignating paragraphs (1) through (3) as + subparagraphs (A) through (C), respectively; + (C) by striking ``The Secretary'' and inserting the + following: + ``(1) In general.--The Secretary''; and + (D) by adding at the end the following: + ``(2) Fee limitation inapplicable.--Fees collected under + this subsection are not subject to the limitation of subsection + (b).''. + (i) Best Practices; Eligible Export Vessels.--Chapter 537 of title +46, United States Code, is further amended-- + (1) in subchapter I, by adding at the end the following new + section: +``Sec. 53719. Best practices + ``The Secretary or Administrator shall ensure that all standard +documents and agreements that relate to loan guarantees made pursuant +to this chapter are reviewed and updated every four years to ensure +that such documents and agreements meet the current commercial best +practices to the extent permitted by law.''; and + (2) in subchapter III, by striking section 53732. + (j) Express Consideration of Low-risk Applications.--Not later than +180 days after the date of enactment of this title, the Administrator +of the Maritime Administration shall, in consultation with affected +stakeholders, create a process for express processing of low-risk +maritime guaranteed loan applications under chapter 537 of title 46, +United States Code, based on Federal and industry best practices, +including proposals to better assist applicants to submit complete +applications within 6 months of the initial application. + (k) Congressional Notification.-- + (1) Notification.--Not less than 60 days before + reorganizing or consolidating the activities or personnel + covered under chapter 537 of title 46, United States Code, the + Secretary of Transportation shall notify, in writing, the + Committee on Commerce, Science, and Transportation of the + Senate and the Committee on Transportation and Infrastructure + of the House of Representatives of the proposed reorganization + or consolidation. + (2) Contents.--Each notification under paragraph (1) shall + include an evaluation of, and justification for, the + reorganization or consolidation. + (l) Clerical Amendments.-- + (1) The table of sections at the beginning of chapter 537 + of title 46, United States Code, is amended by inserting after + the item relating to section 53718 the following new item: + +``53719. Best practices.''. + (2) The table of sections at the beginning of chapter 537 + of title 46, United States Code, is further amended by striking + the item relating to section 53732. + +SEC. 8526. TECHNICAL CORRECTIONS. + + (a) Office of Personnel Management Guidance.--Not later than 120 +days after the date of enactment of this title, the Director of the +Office of Personnel Management, in consultation with the Administrator +of the Maritime Administration, shall identify key skills and +competencies necessary to maintain a balance of expertise in merchant +marine seagoing service and strategic sealift military service in each +of the following positions within the Office of the Commandant: + (1) Commandant. + (2) Deputy Commandant. + (3) Tactical company officers. + (4) Regimental officers. + (b) Sea Year Compliance.--Section 3514(a)(1)(A) of the National +Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 46 +U.S.C. 51318 note) is amended by inserting ``domestic and +international'' after ``criteria that''. + +SEC. 8527. UNITED STATES MERCHANT MARINE ACADEMY'S SEXUAL ASSAULT + PREVENTION AND RESPONSE PROGRAM. + + (a) Implementation of Recommendations.--The Secretary of +Transportation shall ensure that, not later than 180 days after the +date of enactment of this title, the recommendations in the Inspector +General of the Department of Transportation's report on the +effectiveness of the United States Merchant Marine Academy's Sexual +Assault Prevention and Response program (mandated under section 3512 of +the National Defense Authorization Act for Fiscal Year 2017 (Public Law +114-328; 130 Stat. 2786)), are fully implemented. + (b) Report.--Not later than 180 days after the date of enactment of +this title, the Secretary of Transportation shall submit a report to +Congress-- + (1) confirming that the recommendations described in + subsection (a) have been fully implemented, and explaining how + those recommendations have been implemented; or + (2) if such recommendations have not been fully implemented + as of the date of the report, including an explanation of why + such recommendations have not been fully implemented and a + description of the resources that are needed to fully implement + such recommendations. + +SEC. 8528. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY + INFRASTRUCTURE. + + (a) In General.--The Secretary of Transportation, in consultation +with the Secretary of Energy, the Secretary of the Interior, and the +heads of other relevant agencies as appropriate, shall prepare and +submit a report on the need for vessels to install, operate, and +maintain emerging offshore energy infrastructure, including offshore +wind energy. + (b) Contents.--Such report shall include-- + (1) an inventory of vessels (including existing vessels and + vessels that have the potential to be refurbished) to install, + operate, and maintain such emerging offshore energy + infrastructure; + (2) a projection of existing vessels needed to meet such + emerging offshore energy needs over the next 10 years; and + (3) policy recommendations to ensure the vessel capacity to + support such emerging offshore energy. + (c) Transmittal.--Not later than 6 months after the date of +enactment of this title, the Secretary of Transportation shall submit +such report to the Committee on Commerce, Science, and Transportation +of the Senate, the Committee on Energy and Natural Resources of the +Senate, and the Committee on Transportation and Infrastructure of the +House of Representatives. + + Subtitle B--Maritime SAFE Act + +SEC. 8531. SHORT TITLES. + + (a) Short Titles.--This subtitle may be cited as the ``Maritime +Security and Fisheries Enforcement Act'' or the ``Maritime SAFE Act''. + +SEC. 8532. DEFINITIONS. + + In this subtitle: + (1) AIS.--The term ``AIS'' means Automatic Identification + System (as defined in section 164.46 of title 33, Code of + Federal Regulations, or a similar successor regulation). + (2) Combined maritime forces.--The term ``Combined Maritime + Forces'' means the 33-nation naval partnership, originally + established in February 2002, which promotes security, + stability, and prosperity across approximately 3,200,000 square + miles of international waters. + (3) Exclusive economic zone.-- + (A) In general.--Unless otherwise specified by the + President as being in the public interest in a writing + published in the Federal Register, the term ``exclusive + economic zone'' means-- + (i) the area within a zone established by a + maritime boundary that has been established by + a treaty in force or a treaty that is being + provisionally applied by the United States; or + (ii) in the absence of a treaty described + in clause (i)-- + (I) a zone, the outer boundary of + which is 200 nautical miles from the + baseline from which the breadth of the + territorial sea is measured; or + (II) if the distance between the + United States and another country is + less than 400 nautical miles, a zone, + the outer boundary of which is + represented by a line equidistant + between the United States and the other + country. + (B) Inner boundary.--Without affecting any + Presidential Proclamation with regard to the + establishment of the United States territorial sea or + exclusive economic zone, the inner boundary of the + exclusive economic zone is-- + (i) in the case of coastal States, a line + coterminous with the seaward boundary of each + such State (as described in section 4 of the + Submerged Lands Act (43 U.S.C. 1312)); + (ii) in the case of the Commonwealth of + Puerto Rico, a line that is 3 marine leagues + from the coastline of the Commonwealth of + Puerto Rico; + (iii) in the case of American Samoa, the + United States Virgin Islands, Guam, and the + Northern Mariana Islands, a line that is 3 + geographic miles from the coastlines of + American Samoa, the United States Virgin + Islands, Guam, or the Northern Mariana Islands, + respectively; or + (iv) for any possession of the United + States not referred to in clause (ii) or (iii), + the coastline of such possession. + (C) Rule of construction.--Nothing in this + paragraph may be construed to diminish the authority of + the Department of Defense, the Department of the + Interior, or any other Federal department or agency. + (4) Food security.--The term ``food security'' means access + to, and availability, utilization, and stability of, sufficient + food to meet caloric and nutritional needs for an active and + healthy life. + (5) Global record of fishing vessels, refrigerated + transport vessels, and supply vessels.--The term ``global + record of fishing vessels, refrigerated transport vessels, and + supply vessels'' means the Food and Agriculture Organization of + the United Nations' initiative to rapidly make available + certified data from state authorities about vessels and vessel + related activities. + (6) IUU fishing.--The term ``IUU fishing'' means illegal + fishing, unreported fishing, or unregulated fishing (as such + terms are defined in paragraph 3 of the International Plan of + Action to Prevent, Deter, and Eliminate Illegal, Unreported and + Unregulated Fishing, adopted at the 24th Session of the + Committee on Fisheries in Rome on March 2, 2001). + (7) Port state measures agreement.--The term ``Port State + Measures Agreement'' means the Agreement on Port State Measures + to Prevent, Deter, and Eliminate Illegal, Unreported, and + Unregulated Fishing set forth by the Food and Agriculture + Organization of the United Nations, done at Rome, Italy + November 22, 2009, and entered into force June 5, 2016, which + offers standards for reporting and inspecting fishing + activities of foreign-flagged fishing vessels at port. + (8) Priority flag state.--The term ``priority flag state'' + means a country selected in accordance with section + 8552(b)(3)-- + (A) whereby the flagged vessels of which actively + engage in, knowingly profit from, or are complicit in + IUU fishing; and + (B) that is willing, but lacks the capacity, to + monitor or take effective enforcement action against + its fleet. + (9) Priority region.--The term ``priority region'' means a + region selected in accordance with section 8552(b)(2)-- + (A) that is at high risk for IUU fishing activity + or the entry of illegally caught seafood into the + markets of countries in the region; and + (B) in which countries lack the capacity to fully + address the illegal activity described in subparagraph + (A). + (10) Regional fisheries management organization.--The term + ``Regional Fisheries Management Organization'' means an + intergovernmental fisheries organization or arrangement, as + appropriate, that has the competence to establish conservation + and management measures. + (11) Seafood.--The term ``seafood''-- + (A) means marine finfish, mollusks, crustaceans, + and all other forms of marine animal and plant life, + including those grown, produced, or reared through + marine aquaculture operations or techniques; and + (B) does not include marine mammals, turtles, or + birds. + (12) Transnational organized illegal activity.--The term + ``transnational organized illegal activity'' means criminal + activity conducted by self-perpetuating associations of + individuals who operate transnationally for the purpose of + obtaining power, influence, or monetary or commercial gains, + wholly or in part by illegal means, while protecting their + activities through a pattern of corruption or violence or + through a transnational organizational structure and the + exploitation of transnational commerce or communication + mechanisms. + (13) Transshipment.--The term ``transshipment'' means the + use of refrigerated vessels that-- + (A) collect catch from multiple fishing boats; + (B) carry the accumulated catches back to port; and + (C) deliver supplies to fishing boats, which allows + fishing vessels to remain at sea for extended periods + without coming into port. + +SEC. 8533. PURPOSES. + + The purposes of this subtitle are-- + (1) to support a whole-of-government approach across the + Federal Government to counter IUU fishing and related threats + to maritime security; + (2) to improve data sharing that enhances surveillance, + enforcement, and prosecution against IUU fishing and related + activities at a global level; + (3) to support coordination and collaboration to counter + IUU fishing within priority regions; + (4) to increase and improve global transparency and + traceability across the seafood supply chain as-- + (A) a deterrent to IUU fishing; and + (B) a tool for strengthening fisheries management + and food security; + (5) to improve global enforcement operations against IUU + fishing through a whole-of-government approach by the United + States; and + (6) to prevent the use of IUU fishing as a financing source + for transnational organized groups that undermine United States + and global security interests. + +SEC. 8534. STATEMENT OF POLICY. + + It is the policy of the United States_ + (1) to take action to curtail the global trade in seafood + and seafood products derived from IUU fishing, including its + links to forced labor and transnational organized illegal + activity; + (2) to develop holistic diplomatic, military, law + enforcement, economic, and capacity-building tools to counter + IUU fishing; + (3) to provide technical assistance to countries in + priority regions and priority flag states to combat IUU + fishing, including assistance-- + (A) to increase local, national, and regional level + capacities to counter IUU fishing through the + engagement of law enforcement and security forces; + (B) to enhance port capacity and security, + including by supporting other countries in working + toward the adoption and implementation of the Port + State Measures Agreement; + (C) to combat corruption and increase transparency + and traceability in fisheries management and trade; + (D) to enhance information sharing within and + across governments and multilateral organizations + through the development and use of agreed standards for + information sharing; and + (E) to support effective, science-based fisheries + management regimes that promote legal and safe + fisheries and act as a deterrent to IUU fishing; + (4) to promote global maritime security through improved + capacity and technological assistance to support improved + maritime domain awareness; + (5) to engage with priority flag states to encourage the + use of high quality vessel tracking technologies where existing + enforcement tools are lacking; + (6) to engage with multilateral organizations working on + fisheries issues, including Regional Fisheries Management + Organizations and the Food and Agriculture Organization of the + United Nations, to combat and deter IUU fishing; + (7) to advance information sharing across governments and + multilateral organizations in areas that cross multiple + jurisdictions, through the development and use of an agreed + standard for information sharing; + (8) to continue to use existing and future trade agreements + to combat IUU fishing; + (9) to employ appropriate assets and resources of the + United States Government in a coordinated manner to disrupt the + illicit networks involved in IUU fishing; + (10) to continue to declassify and make available, as + appropriate and practicable, technologies developed by the + United States Government that can be used to help counter IUU + fishing; + (11) to recognize the ties of IUU fishing to transnational + organized illegal activity, including human trafficking and + illegal trade in narcotics and arms, and as applicable, to + focus on illicit activity in a coordinated, cross-cutting + manner; + (12) to recognize and respond to poor working conditions, + labor abuses, and other violent crimes in the fishing industry; + (13) to increase and improve global transparency and + traceability along the seafood supply chain as-- + (A) a deterrent to IUU fishing; and + (B) an approach for strengthening fisheries + management and food security; and + (14) to promote technological investment and innovation to + combat IUU fishing. + + PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY + +SEC. 8541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS. + + The Secretary of State, in conjunction with the Secretary of +Commerce, shall coordinate with Regional Fisheries Management +Organizations and the Food and Agriculture Organization of the United +Nations, and may coordinate with other relevant international +governmental or nongovernmental organizations, or the private sector, +as appropriate, to enhance regional responses to IUU fishing and +related transnational organized illegal activities. + +SEC. 8542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED STATES. + + Not later than 1 year after the date of the enactment of this +title, each chief of mission (as defined in section 102 of the Foreign +Service Act of 1980 (22 U.S.C. 3902)) to a relevant country in a +priority region or to a priority flag state may, if the Secretary of +State determines such action is appropriate-- + (1) convene a working group, led by Department of State + officials, to examine IUU fishing, which may include + stakeholders such as-- + (A) United States officials from relevant agencies + participating in the interagency Working Group + identified in section 8551, foreign officials, + nongovernmental organizations, the private sector, and + representatives of local fishermen in the region; and + (B) experts on IUU fishing, law enforcement, + criminal justice, transnational organized illegal + activity, defense, intelligence, vessel movement + monitoring, and international development operating in + or with knowledge of the region; and + (2) designate a counter-IUU Fishing Coordinator from among + existing personnel at the mission if the chief of mission + determines such action is appropriate. + +SEC. 8543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW ENFORCEMENT + WITHIN PRIORITY REGIONS AND PRIORITY FLAG STATES. + + (a) In General.--The Secretary of State, in collaboration with the +Secretary of Commerce and the Commandant of the Coast Guard when the +Coast Guard is operating in, or as a component of, the Department of +Homeland Security, as well as any other relevant department or agency, +shall provide assistance, as appropriate, in accordance with this +section. + (b) Law Enforcement Training and Coordination Activities.--The +officials referred to in subsection (a) shall evaluate opportunities to +provide assistance, as appropriate, to countries in priority regions +and priority flag states to improve the effectiveness of IUU fishing +enforcement, with clear and measurable targets and indicators of +success, including-- + (1) by assessing and using existing resources, enforcement + tools, and legal authorities to coordinate efforts to combat + IUU fishing with efforts to combat other illegal trade, + including weapons, drugs, and human trafficking; + (2) by expanding existing IUU fishing enforcement training; + (3) by providing targeted, country- and region-specific + training on combating IUU fishing, including in those countries + that have not adopted the Port State Measures Agreement; + (4) by supporting increased effectiveness and transparency + of the fisheries enforcement sectors of the governments of such + countries; and + (5) by supporting increased outreach to stakeholders in the + affected communities as key partners in combating and + prosecuting IUU fishing. + (c) Port Security Assistance.--The officials referred to in +subsection (a) shall evaluate opportunities to provide assistance, as +appropriate, to countries in priority regions and priority flag states +to help those states implement programs related to port security and +capacity for the purposes of preventing IUU fishing products from +entering the global seafood market, including by supporting other +countries in working toward the adoption and implementation of the Port +State Measures Agreement. + (d) Capacity Building for Investigations and Prosecutions.--The +officials referred to in subsection (a), in collaboration with the +governments of countries in priority regions and of priority flag +states, shall evaluate opportunities to assist those countries in +designing and implementing programs in such countries, as appropriate, +to increase the capacity of IUU fishing enforcement and customs and +border security officers to improve their ability-- + (1) to conduct effective investigations, including using + law enforcement techniques such as undercover investigations + and the development of informer networks and actionable + intelligence; + (2) to conduct vessel boardings and inspections at sea and + associated enforcement actions; + (3) to exercise existing shiprider agreements and to enter + into and implement new shiprider agreements, as appropriate, + including in those countries that have not adopted the Port + State Measures Agreement; + (4) to conduct vessel inspections at port and associated + enforcement actions; + (5) to assess technology needs and promote the use of + technology to improve monitoring, enforcement, and prosecution + of IUU fishing; + (6) to conduct DNA-based and forensic identification of + seafood used in trade; + (7) to conduct training on techniques, such as collecting + electronic evidence and using computer forensics, for law + enforcement personnel involved in complex investigations + related to international matters, financial issues, and + government corruption that include IUU fishing; + (8) to assess financial flows and the use of financial + institutions to launder profits related to IUU fishing; + (9) to conduct training on the legal mechanisms that can be + used to prosecute those identified in the investigations as + alleged perpetrators of IUU fishing and other associated crimes + such as trafficking and forced labor; and + (10) to conduct training to raise awareness of the use of + whistleblower information and ways to incentivize + whistleblowers to come forward with original information + related to IUU fishing. + (e) Capacity Building for Information Sharing.--The officials +referred to in subsection (a) shall evaluate opportunities to provide +assistance, as appropriate, to key countries in priority regions and +priority flag states in the form of training, equipment, and systems +development to build capacity for information sharing related to +maritime enforcement and port security. + (f) Coordination With Other Relevant Agencies.--The Secretary of +State, in collaboration with the Commandant of the Coast Guard when the +Coast Guard is operating in, or as a component of, the Department of +Homeland Security, and the Secretary of Commerce, shall coordinate with +other relevant agencies, as appropriate, in accordance with this +section. + +SEC. 8544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU FISHING. + + The Secretary of State, the Administrator of the United States +Agency for International Development, the Commandant of the Coast Guard +when the Coast Guard is operating in, or as a component of, the +Department of Homeland Security, the Secretary of Defense, the +Secretary of Commerce, the Attorney General, and the heads of other +appropriate Federal agencies shall assess opportunities to combat IUU +fishing by expanding, as appropriate, the use of the following +mechanisms: + (1) Including counter-IUU fishing in existing shiprider + agreements in which the United States is a party. + (2) Entering into shiprider agreements that include + counter-IUU fishing with priority flag states and countries in + priority regions with which the United States does not already + have such an agreement. + (3) Including counter-IUU fishing as part of the mission of + the Combined Maritime Forces. + (4) Including counter-IUU fishing exercises in the annual + at-sea exercises conducted by the Department of Defense, in + coordination with the United States Coast Guard. + (5) Creating partnerships similar to the Oceania Maritime + Security Initiative and the Africa Maritime Law Enforcement + Partnership in other priority regions. + +SEC. 8545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY PROGRAMS. + + The Secretary of State, the Administrator of the United States +Agency for International Development, the Commandant of the Coast Guard +when the Coast Guard is operating in, or as a component of, the +Department of Homeland Security, the Secretary of Commerce, and the +heads of other Federal agencies, if merited, shall work, as +appropriate, with priority flag states and key countries in priority +regions-- + (1) to increase knowledge within such countries about the + United States transparency and traceability standards for + imports of seafood and seafood products; + (2) to improve the capacity of seafood industries within + such countries through information sharing and training to meet + the requirements of transparency and traceability standards for + seafood and seafood product imports, including catch + documentation and trade tracking programs adopted by relevant + regional fisheries management organizations; + (3) to improve the capacities of government, industry, and + civil society groups to develop and implement comprehensive + traceability systems that-- + (A) deter IUU fishing; + (B) strengthen fisheries management; and + (C) enhance maritime domain awareness; and + (4) to support the implementation of seafood traceability + standards in such countries to prevent IUU fishing products + from entering the global seafood market and assess capacity and + training needs in those countries. + +SEC. 8546. TECHNOLOGY PROGRAMS. + + The Secretary of State, the Administrator of the United States +Agency for International Development, the Commandant of the Coast Guard +when the Coast Guard is operating in, or as a component of, the +Department of Homeland Security, the Secretary of Defense, the +Secretary of Commerce, and the heads of other Federal agencies, as +appropriate, shall pursue programs to expand the role of technology for +combating IUU fishing, including by-- + (1) promoting the use of technology to combat IUU fishing; + (2) assessing the technology needs, including vessel + tracking technologies and data sharing, in priority regions and + priority flag states; + (3) engaging with priority flag states to encourage the + mandated use of vessel tracking technologies, including vessel + monitoring systems, AIS, or other vessel movement monitoring + technologies on fishing vessels and transshipment vessels at + all times, as appropriate, while at sea as a means to identify + IUU fishing activities and the shipment of illegally caught + fish products; and + (4) building partnerships with the private sector, + including universities, nonprofit research organizations, the + seafood industry, and the technology, transportation and + logistics sectors, to leverage new and existing technologies + and data analytics to address IUU fishing. + +SEC. 8547. SAVINGS CLAUSE. + + No provision of section 8532 or of this part shall impose, or be +interpreted to impose, any duty, responsibility, requirement, or +obligation on the Department of Defense, the Department of the Navy, or +any official or component of either. + + PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING + +SEC. 8551. INTERAGENCY WORKING GROUP ON IUU FISHING. + + (a) In General.--There is established a collaborative interagency +working group on maritime security and IUU fishing (referred to in this +subtitle as the ``Working Group''). + (b) Members.--The members of the Working Group shall be composed +of-- + (1) 1 chair, who shall rotate between the Coast Guard, the + Department of State, and the National Oceanographic and + Atmospheric Administration on a 3-year term; + (2) 2 deputy chairs, who shall be appointed by their + respective agency heads and shall be from a different + Department than that of the chair, from-- + (A) the Coast Guard; + (B) the Department of State; and + (C) the National Oceanic and Atmospheric + Administration; + (3) 11 members, who shall be appointed by their respective + agency heads, from-- + (A) the Department of Defense; + (B) the United States Navy; + (C) the United States Agency for International + Development; + (D) the United States Fish and Wildlife Service; + (E) the Department of Justice; + (F) the Department of the Treasury; + (G) U.S. Customs and Border Protection; + (H) U.S. Immigration and Customs Enforcement; + (I) the Federal Trade Commission; + (J) the Department of Agriculture; + (K) the Food and Drug Administration; and + (L) the Department of Labor; + (4) 5 members, who shall be appointed by the President, + from-- + (A) the National Security Council; + (B) the Council on Environmental Quality; + (C) the Office of Management and Budget; + (D) the Office of Science and Technology Policy; + and + (E) the Office of the United States Trade + Representative. + (c) Responsibilities.--The Working Group shall ensure an +integrated, Federal Government-wide response to IUU fishing globally, +including by-- + (1) improving the coordination of Federal agencies to + identify, interdict, investigate, prosecute, and dismantle IUU + fishing operations and organizations perpetrating and knowingly + benefitting from IUU fishing; + (2) assessing areas for increased interagency information + sharing on matters related to IUU fishing and related crimes; + (3) establishing standards for information sharing related + to maritime enforcement; + (4) developing a strategy to determine how military assets + and intelligence can contribute to enforcement strategies to + combat IUU fishing; + (5) increasing maritime domain awareness relating to IUU + fishing and related crimes and developing a strategy to + leverage awareness for enhanced enforcement and prosecution + actions against IUU fishing; + (6) supporting the adoption and implementation of the Port + State Measures Agreement in relevant countries and assessing + the capacity and training needs in such countries; + (7) outlining a strategy to coordinate, increase, and use + shiprider agreements between the Department of Defense or the + Coast Guard and relevant countries; + (8) enhancing cooperation with partner governments to + combat IUU fishing; + (9) identifying opportunities for increased information + sharing between Federal agencies and partner governments + working to combat IUU fishing; + (10) consulting and coordinating with the seafood industry + and nongovernmental stakeholders that work to combat IUU + fishing; + (11) supporting the work of collaborative international + initiatives to make available certified data from state + authorities about vessel and vessel-related activities related + to IUU fishing; + (12) supporting the identification and certification + procedures to address IUU fishing in accordance with the High + Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. + 1826d et seq.); and + (13) publishing annual reports summarizing nonsensitive + information about the Working Group's efforts to investigate, + enforce, and prosecute groups and individuals engaging in IUU + fishing. + +SEC. 8552. STRATEGIC PLAN. + + (a) Strategic Plan.--Not later than 2 years after the date of the +enactment of this title, the Working Group, after consultation with the +relevant stakeholders, shall submit to the Committee on Commerce, +Science, and Transportation of the Senate, the Committee on Foreign +Relations of the Senate, the Committee on Appropriations of the Senate, +the Committee on Natural Resources of the House of Representatives, the +Committee on Foreign Affairs of the House of Representatives, and the +Committee on Appropriations of the House of Representatives a 5-year +integrated strategic plan on combating IUU fishing and enhancing +maritime security, including specific strategies with monitoring +benchmarks for addressing IUU fishing in priority regions. + (b) Identification of Priority Regions and Priority Flag States.-- + (1) In general.--The strategic plan submitted under + subsection (a) shall identify priority regions and priority + flag states to be the focus of assistance coordinated by the + Working Group under section 8551. + (2) Priority region selection criteria.--In selecting + priority regions under paragraph (1), the Working Group shall + select regions that-- + (A) are at high risk for IUU fishing activity or + the entry of illegally caught seafood into their + markets; and + (B) lack the capacity to fully address the issues + described in subparagraph (A). + (3) Priority flag states selection criteria.--In selecting + priority flag states under paragraph (1), the Working Group + shall select countries-- + (A) the flagged vessels of which actively engage + in, knowingly profit from, or are complicit in IUU + fishing; and + (B) that lack the capacity to police their fleet. + +SEC. 8553. REPORTS. + + Not later than 5 years after the submission of the 5-year +integrated strategic plan under section 8552, and 5 years after, the +Working Group shall submit a report to the Committee on Commerce, +Science, and Transportation of the Senate, the Committee on Foreign +Relations of the Senate, the Committee on Appropriations of the Senate, +the Committee on the Judiciary of the Senate, the Select Committee on +Intelligence of the Senate, the Committee on Agriculture, Nutrition, +and Forestry of the Senate, the Committee on Natural Resources of the +House of Representatives, the Committee on Foreign Affairs of the House +of Representatives, and the Committee on Appropriations of the House of +Representatives that contains-- + (1) a summary of global and regional trends in IUU fishing; + (2) an assessment of the extent of the convergence between + transnational organized illegal activity, including human + trafficking and forced labor, and IUU fishing; + (3) an assessment of the topics, data sources, and + strategies that would benefit from increased information + sharing and recommendations regarding harmonization of data + collection and sharing; + (4) an assessment of assets, including military assets and + intelligence, which can be used for either enforcement + operations or strategies to combat IUU fishing; + (5) summaries of the situational threats with respect to + IUU fishing in priority regions and an assessment of the + capacity of countries within such regions to respond to those + threats; + (6) an assessment of the progress of countries in priority + regions in responding to those threats as a result of + assistance by the United States pursuant to the strategic plan + developed under section 8552, including-- + (A) the identification of-- + (i) relevant supply routes, ports of call, + methods of landing and entering illegally + caught product into legal supply chains, and + financial institutions used in each country by + participants engaging in IUU fishing; and + (ii) indicators of IUU fishing that are + related to money laundering; + (B) an assessment of the adherence to, or progress + toward adoption of, international treaties related to + IUU fishing, including the Port State Measures + Agreement, by countries in priority regions; + (C) an assessment of the implementation by + countries in priority regions of seafood traceability + or capacity to apply traceability to verify the + legality of catch and strengthen fisheries management; + (D) an assessment of the capacity of countries in + priority regions to implement shiprider agreements; + (E) an assessment of the capacity of countries in + priority regions to increase maritime domain awareness; + and + (F) an assessment of the capacity of governments of + relevant countries in priority regions to sustain the + programs for which the United States has provided + assistance under this subtitle; + (7) an assessment of the capacity of priority flag states + to track the movement of and police their fleet, prevent their + flagged vessels from engaging in IUU fishing, and enforce + applicable laws and regulations; and + (8) an assessment of the extent of involvement in IUU + fishing of organizations designated as foreign terrorist + organizations under section 219 of the Immigration and + Nationality Act (8 U.S.C. 1189). + +SEC. 8554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP. + + (a) In General.--Not later than 90 days after the date of the +enactment of this title, the Administrator of the National Oceanic and +Atmospheric Administration, in coordination with the Coast Guard and +the Department of State, shall establish a subworking group to address +IUU fishing in the exclusive economic zone of the United States in the +Gulf of Mexico. + (b) Functions.--The subworking group established under subsection +(a) shall identify-- + (1) Federal actions taken and policies established during + the 5-year period immediately preceding the date of the + enactment of this title with respect to IUU fishing in the + exclusive economic zone of the United States in the Gulf of + Mexico, including such actions and policies related to-- + (A) the surveillance, interdiction, and prosecution + of any foreign nationals engaged in such fishing; and + (B) the application of the provisions of the High + Seas Driftnet Fishing Moratorium Protection Act (16 + U.S.C. 1826d et seq.) to any relevant nation, including + the status of any past or ongoing consultations and + certification procedures; + (2) actions and policies, in addition to the actions and + policies described in paragraph (1), each of the Federal + agencies described in subsection (a) can take, using existing + resources, to combat IUU fishing in the exclusive economic zone + of the United States in the Gulf of Mexico; and + (3) any additional authorities that could assist each such + agency in more effectively addressing such IUU fishing. + (c) Report.--Not later than 1 year after the IUU Fishing Subworking +Group is established under subsection (a), the group shall submit a +report to the Committee on Commerce, Science, and Transportation of the +Senate and the Committee on Natural Resources of the House of +Representatives that contains-- + (1) the findings identified pursuant to subsection (b); and + (2) a timeline for each of the Federal agencies described + in subsection (a) to implement each action or policy identified + pursuant to subsection (b)(2). + + PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING + AND PROCESSING OF SEAFOOD PRODUCTS + +SEC. 8561. FINDING. + + Congress finds that human trafficking, including forced labor, is a +pervasive problem in the catching and processing of certain seafood +products imported into the United States, particularly seafood products +obtained through illegal, unreported, and unregulated fishing. + +SEC. 8562. ADDING THE SECRETARY OF COMMERCE TO THE INTERAGENCY TASK + FORCE TO MONITOR AND COMBAT TRAFFICKING. + + Section 105(b) of the Victims of Trafficking and Violence +Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting +``the Secretary of Commerce,'' after ``the Secretary of Education,''. + +SEC. 8563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN REPORT. + + (a) In General.--Not later than 1 year after the date of the +enactment of this title, the Secretary of State and the Administrator +of the National Oceanic and Atmospheric Administration shall jointly +submit a report to the Committee on Commerce, Science, and +Transportation of the Senate, the Committee on Foreign Relations of the +Senate, the Committee on Appropriations of the Senate, the Committee on +Natural Resources of the House of Representatives, the Committee on +Foreign Affairs of the House of Representatives, and the Committee on +Appropriations of the House of Representatives that describes the +existence of human trafficking, including forced labor, in the supply +chains of seafood products imported into the United States. + (b) Report Elements.--The report required under subsection (a) +shall include-- + (1) a list of the countries at risk for human trafficking, + including forced labor, in their seafood catching and + processing industries, and an assessment of such risk for each + listed country; + (2) a description of the quantity and economic value of + seafood products imported into the United States from the + countries on the list compiled pursuant to paragraph (1); + (3) a description and assessment of the methods, if any, in + the countries on the list compiled pursuant to paragraph (1) to + trace and account for the manner in which seafood is caught; + (4) a description of domestic and international enforcement + mechanisms to deter illegal practices in the catching of + seafood in the countries on the list compiled pursuant to + paragraph (1); and + (5) such recommendations as the Secretary of State and the + Administrator of the National Oceanic and Atmospheric + Administration jointly consider appropriate for legislative or + administrative action to enhance and improve actions against + human trafficking, including forced labor, in the catching and + processing of seafood products outside of United States waters. + + PART IV--AUTHORIZATION OF APPROPRIATIONS + +SEC. 8571. AUTHORIZATION OF APPROPRIATIONS. + + (a) Funding.--Amounts made available to carry out this subtitle +shall be derived from amounts appropriated or otherwise made available +to the relevant agencies and departments. + (b) No Increase in Contributions.--Nothing in this subtitle shall +be construed to authorize an increase in required or voluntary +contributions paid by the United States to any multilateral or +international organization. + +SEC. 8572. ACCOUNTING OF FUNDS. + + By not later than 180 days after the date of enactment of this +title, the head of each Federal agency receiving or allocating funds to +carry out activities under this subtitle shall, to the greatest extent +practicable, prepare and submit to Congress a report that provides an +accounting of all funds made available under this subtitle to the +Federal agency. + + DIVISION F--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020 + +SEC. 9001. SHORT TITLE. + + This division may be cited as the ``Damon Paul Nelson and Matthew +Young Pollard Intelligence Authorization Act for Fiscal Year 2020''. + +SEC. 9002. DEFINITIONS. + + In this division: + (1) Congressional intelligence committees.--The term + ``congressional intelligence committees'' has the meaning given + such term in section 3 of the National Security Act of 1947 (50 + U.S.C. 3003). + (2) Intelligence community.--The term ``intelligence + community'' has the meaning given such term in such section. + + TITLE XCI--INTELLIGENCE ACTIVITIES + +SEC. 9101. AUTHORIZATION OF APPROPRIATIONS. + + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the conduct of the intelligence and intelligence-related activities +of the following elements of the United States Government: + (1) The Office of the Director of National Intelligence. + (2) The Central Intelligence Agency. + (3) The Department of Defense. + (4) The Defense Intelligence Agency. + (5) The National Security Agency. + (6) The Department of the Army, the Department of the Navy, + and the Department of the Air Force. + (7) The Coast Guard. + (8) The Department of State. + (9) The Department of the Treasury. + (10) The Department of Energy. + (11) The Department of Justice. + (12) The Federal Bureau of Investigation. + (13) The Drug Enforcement Administration. + (14) The National Reconnaissance Office. + (15) The National Geospatial-Intelligence Agency. + (16) The Department of Homeland Security. + +SEC. 9102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. + + (a) Specifications of Amounts.--The amounts authorized to be +appropriated under section 9101 for the conduct of the intelligence +activities of the elements listed in paragraphs (1) through (16) of +section 9101, are those specified in the classified Schedule of +Authorizations prepared to accompany this division. + (b) Availability of Classified Schedule of Authorizations.-- + (1) Availability.--The classified Schedule of + Authorizations referred to in subsection (a) shall be made + available to the Committee on Appropriations of the Senate, the + Committee on Appropriations of the House of Representatives, + and to the President. + (2) Distribution by the president.--Subject to paragraph + (3), the President shall provide for suitable distribution of + the classified Schedule of Authorizations referred to in + subsection (a), or of appropriate portions of such Schedule, + within the executive branch. + (3) Limits on disclosure.--The President shall not publicly + disclose the classified Schedule of Authorizations or any + portion of such Schedule except-- + (A) as provided in section 601(a) of the + Implementing Recommendations of the 9/11 Commission Act + of 2007 (50 U.S.C. 3306(a)); + (B) to the extent necessary to implement the + budget; or + (C) as otherwise required by law. + +SEC. 9103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. + + (a) Authorization of Appropriations.--There is authorized to be +appropriated for the Intelligence Community Management Account of the +Director of National Intelligence for fiscal year 2020 the sum of +$558,000,000. + (b) Classified Authorization of Appropriations.--In addition to +amounts authorized to be appropriated for the Intelligence Community +Management Account by subsection (a), there are authorized to be +appropriated for the Intelligence Community Management Account for +fiscal year 2020 such additional amounts as are specified in the +classified Schedule of Authorizations referred to in section 9102(a). + + TITLE XCII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY + SYSTEM + +SEC. 9201. AUTHORIZATION OF APPROPRIATIONS. + + There is authorized to be appropriated for the Central Intelligence +Agency Retirement and Disability Fund $514,000,000 for fiscal year +2020. + + TITLE XCIII--INTELLIGENCE COMMUNITY MATTERS + + Subtitle A--General Intelligence Community Matters + +SEC. 9301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. + + The authorization of appropriations by this division shall not be +deemed to constitute authority for the conduct of any intelligence +activity which is not otherwise authorized by the Constitution or the +laws of the United States. + +SEC. 9302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY + LAW. + + Appropriations authorized by this division for salary, pay, +retirement, and other benefits for Federal employees may be increased +by such additional or supplemental amounts as may be necessary for +increases in such compensation or benefits authorized by law. + +SEC. 9303. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN + INTELLIGENCE PERSONNEL. + + (a) Definitions.--In this section: + (1) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the Select Committee on Intelligence and the + Committee on Armed Services of the Senate; and + (B) the Permanent Select Committee on Intelligence + and the Committee on Armed Services of the House of + Representatives. + (2) Covered elements of the intelligence community.--The + term ``covered elements of the intelligence community'' means + the elements of the intelligence community that are within the + following: + (A) The Department of Energy. + (B) The Department of Homeland Security. + (C) The Department of Justice. + (D) The Department of State. + (E) The Department of the Treasury. + (b) In General.--The Secretary of Defense and the Director of +National Intelligence shall, consistent with Department of Defense +Instruction 1400.25, as in effect on the day before the date of the +enactment of this Act-- + (1) not later than 180 days after the date of the enactment + of this Act, submit to the appropriate committees of Congress a + report that outlines a common methodology for measuring + onboarding in covered elements of the intelligence community, + including human resources and security processes; + (2) not later than 1 year after the date of the enactment + of this Act, issue metrics for assessing key phases in the + onboarding described in paragraph (1) for which results will be + reported by the date that is 90 days after the date of such + issuance; + (3) not later than 180 days after the date of the enactment + of this Act, submit to the appropriate committees of Congress a + report on collaboration among covered elements of the + intelligence community on their onboarding processes; + (4) not later than 180 days after the date of the enactment + of this Act, submit to the appropriate committees of Congress a + report on employment of automated mechanisms in covered + elements of the intelligence community, including for tracking + personnel as they pass through each phase of the onboarding + process; and + (5) not later than December 31, 2020, distribute surveys to + human resources offices and applicants about their experiences + with the onboarding process in covered elements of the + intelligence community. + +SEC. 9304. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT EXCHANGE. + + (a) Policies, Processes, and Procedures Required.--Not later than +270 days after the date of the enactment of this Act, the Director of +National Intelligence shall develop policies, processes, and procedures +to facilitate the rotation of personnel of the intelligence community +to the private sector, and personnel from the private sector to the +intelligence community. + (b) Detail Authority.--Under policies developed by the Director +pursuant to subsection (a), with the agreement of a private-sector +organization, and with the consent of the employee, a head of an +element of the intelligence community may arrange for the temporary +detail of an employee of such element to such private-sector +organization, or from such private-sector organization to such element +under this section. + (c) Agreements.-- + (1) In general.--A head of an element of the intelligence + community exercising the authority of the head under subsection + (a) shall provide for a written agreement among the element of + the intelligence community, the private-sector organization, + and the employee concerned regarding the terms and conditions + of the employee's detail under this section. The agreement-- + (A) shall require that the employee of the element, + upon completion of the detail, serve in the element, or + elsewhere in the civil service if approved by the head + of the element, for a period of at least equal to the + length of the detail; + (B) shall provide that if the employee of the + element fails to carry out the agreement, such employee + shall be liable to the United States for payment of all + non-salary and benefit expenses of the detail, unless + that failure was for good and sufficient reason, as + determined by the head of the element; + (C) shall contain language informing such employee + of the prohibition on improperly sharing or using non- + public information that such employee may be privy to + or aware of related to element programming, budgeting, + resourcing, acquisition, or procurement for the benefit + or advantage of the private-sector organization; and + (D) shall contain language requiring the employee + to acknowledge the obligations of the employee under + section 1905 of title 18, United States Code (relating + to trade secrets). + (2) Amount of liability.--An amount for which an employee + is liable under paragraph (1) shall be treated as a debt due + the United States. + (3) Waiver.--The head of an element of the intelligence + community may waive, in whole or in part, collection of a debt + described in paragraph (2) based on a determination that the + collection would be against equity and good conscience and not + in the best interests of the United States, after taking into + account any indication of fraud, misrepresentation, fault, or + lack of good faith on the part of the employee. + (d) Termination.--A detail under this section may, at any time and +for any reason, be terminated by the head of the element of the +intelligence community concerned or the private-sector organization +concerned. + (e) Duration.-- + (1) In general.--A detail under this section shall be for a + period of not less than 3 months and not more than 2 years, + renewable up to a total of 3 years. + (2) Longer periods.--A detail under this section may be for + a period in excess of 2 years, but not more than 3 years, if + the head of the element making the detail determines that such + detail is necessary to meet critical mission or program + requirements. + (3) Limitation.--No employee of an element of the + intelligence community may be detailed under this section for + more than a total of 5 years, inclusive of all such details. + (f) Status of Federal Employees Detailed to Private-sector +Organizations.-- + (1) In general.--An employee of an element of the + intelligence community who is detailed to a private-sector + organization under this section shall be considered, during the + period of detail, to be on a regular work assignment in the + element for all purposes. The written agreement established + under subsection (c)(1) shall address the specific terms and + conditions related to the employee's continued status as a + Federal employee. + (2) Requirements.--In establishing a temporary detail of an + employee of an element of the intelligence community to a + private-sector organization, the head of the element shall-- + (A) certify that the temporary detail of such + employee shall not have an adverse or negative impact + on mission attainment or organizational capabilities + associated with the detail; and + (B) in the case of an element of the intelligence + community in the Department of Defense, ensure that the + normal duties and functions of such employees are not, + as a result of and during the course of such temporary + detail, performed or augmented by contractor personnel + in violation of the provisions of section 2461 of title + 10, United States Code. + (g) Terms and Conditions for Private-sector Employees.--An employee +of a private-sector organization who is detailed to an element of the +intelligence community under this section-- + (1) shall continue to receive pay and benefits from the + private-sector organization from which such employee is + detailed and shall not receive pay or benefits from the + element, except as provided in paragraph (2); + (2) is deemed to be an employee of the element for the + purposes of-- + (A) chapters 73 and 81 of title 5, United States + Code; + (B) sections 201, 203, 205, 207, 208, 209, 603, + 606, 607, 643, 654, 1905, and 1913 of title 18, United + States Code; + (C) sections 1343, 1344, and 1349(b) of title 31, + United States Code; + (D) chapter 171 of title 28, United States Code + (commonly known as the ``Federal Tort Claims Act'') and + any other Federal tort liability statute; + (E) the Ethics in Government Act of 1978 (5 U.S.C. + App.); and + (F) chapter 21 of title 41, United States Code; + (3) may perform work that is considered inherently + governmental in nature only when requested in writing by the + head of the element; + (4) may not be used to circumvent any limitation or + restriction on the size of the workforce of the element; + (5) shall be subject to the same requirements applicable to + an employee performing the same functions and duties proposed + for performance by the private sector employee; and + (6) in the case of an element of the intelligence community + in the Department of Defense, may not be used to circumvent the + provisions of section 2461 of title 10, United States Code. + (h) Prohibition Against Charging Certain Costs to the Federal +Government.--A private-sector organization may not charge an element of +the intelligence community or any other agency of the Federal +Government, as direct costs under a Federal contract, the costs of pay +or benefits paid by the organization to an employee detailed to an +element of the intelligence community under this section for the period +of the detail and any subsequent renewal periods. + (i) Additional Administrative Matters.--In carrying out this +section, the Director, pursuant to procedures developed under +subsection (a)-- + (1) shall, to the degree practicable, ensure that small + business concerns are represented with respect to details + authorized by this section; + (2) may, notwithstanding any other provision of law, + establish criteria for elements of the intelligence community + to use appropriated funds to reimburse small business concerns + for the salaries and benefits of its employees during the + periods when the small business concern agrees to detail its + employees to the intelligence community under this section; + (3) shall take into consideration the question of how + details under this section might best be used to help meet the + needs of the intelligence community, including with respect to + the training of employees; + (4) shall take into consideration areas of private-sector + expertise that are critical to the intelligence community; and + (5) shall establish oversight mechanisms to determine + whether the public-private exchange authorized by this section + improves the efficiency and effectiveness of the intelligence + community. + (j) Definitions.--In this section: + (1) Detail.--The term ``detail'' means, as appropriate in + the context in which such term is used-- + (A) the assignment or loan of an employee of an + element of the intelligence community to a private- + sector organization without a change of position from + the intelligence community element that employs the + individual; or + (B) the assignment or loan of an employee of a + private-sector organization to an element of the + intelligence community without a change of position + from the private-sector organization that employs the + individual. + (2) Private-sector organization.--The term ``private-sector + organization'' means-- + (A) a for-profit organization; or + (B) a not-for-profit organization. + (3) Small business concern.--The term ``small business + concern'' has the meaning given such term in section 3703(e)(2) + of title 5, United States Code. + +SEC. 9305. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES OF COVERT + AGENTS. + + Section 605(4) of the National Security Act of 1947 (50 U.S.C. +3126(4)) is amended-- + (1) in subparagraph (A)-- + (A) by striking clause (ii); + (B) in clause (i), by striking ``, and'' and + inserting ``; or''; and + (C) by striking ``agency--'' and all that follows + through ``whose identity'' and inserting ``agency whose + identity''; and + (2) in subparagraph (B)(i), by striking ``resides and acts + outside the United States'' and inserting ``acts''. + +SEC. 9306. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT PLANS + REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS IN NATIONAL + INTELLIGENCE PROGRAM. + + Section 102A(q)(1)(A) of the National Security Act of 1947 (50 +U.S.C. 3024(q)(1)(A)) is amended by inserting ``security risks,'' after +``schedule,''. + +SEC. 9307. PAID PARENTAL LEAVE. + + (a) Purpose.--The purpose of this section is to-- + (1) help the intelligence community recruit and retain a + dynamic, multi-talented, and diverse workforce capable of + meeting the security goals of the United States; and + (2) establish best practices and processes for other + elements of the Federal Government seeking to pursue similar + policies. + (b) Authorization of Paid Parental Leave for Intelligence Community +Employees.-- + (1) In general.--Title III of the National Security Act of + 1947 (50 U.S.C. 3071 et seq.) is amended by inserting after + section 304 the following: + +``SEC. 305. PAID PARENTAL LEAVE. + + ``(a) Paid Parental Leave.--Notwithstanding any other provision of +law, a civilian employee of an element of the intelligence community +shall have available a total of 12 administrative workweeks of paid +parental leave in the event of the birth of a son or daughter to the +employee, or placement of a son or daughter with the employee for +adoption or foster care, and in order to care for such son or daughter, +to be used during the 12-month period beginning on the date of the +birth or placement. + ``(b) Treatment of Parental Leave Request.--Notwithstanding any +other provision of law-- + ``(1) an element of the intelligence community shall + accommodate an employee's leave schedule request under + subsection (a), including a request to use such leave + intermittently or on a reduced leave schedule, to the extent + that the requested leave schedule does not unduly disrupt + agency operations; and + ``(2) to the extent that an employee's requested leave + schedule as described in paragraph (1) is based on medical + necessity related to a serious health condition connected to + the birth of a son or daughter, the employing element shall + handle the scheduling consistent with the treatment of + employees who are using leave under subparagraph (C) or (D) of + section 6382(a)(1) of title 5, United States Code. + ``(c) Rules Relating to Paid Leave.--Notwithstanding any other +provision of law-- + ``(1) an employee may not be required to first use all or + any portion of any unpaid leave available to the employee + before being allowed to use the paid parental leave described + in subsection (a); and + ``(2) paid parental leave under subsection (a)-- + ``(A) shall be payable from any appropriation or + fund available for salaries or expenses for positions + within the employing element; + ``(B) may not be considered to be annual or + vacation leave for purposes of section 5551 or 5552 of + title 5, United States Code, or for any other purpose; + ``(C) if not used by the employee before the end of + the 12-month period described in subsection (a) to + which the leave relates, may not be available for any + subsequent use and may not be converted into a cash + payment; + ``(D) may be granted only to the extent that the + employee does not receive a total of more than 12 weeks + of paid parental leave in any 12-month period beginning + on the date of a birth or placement; + ``(E) may not be granted-- + ``(i) in excess of a lifetime aggregate + total of 30 administrative workweeks based on + placements of a foster child for any individual + employee; or + ``(ii) in connection with temporary foster + care placements expected to last less than 1 + year; + ``(F) may not be granted for a child being placed + for foster care or adoption if such leave was + previously granted to the same employee when the same + child was placed with the employee for foster care in + the past; + ``(G) shall be used in increments of hours (or + fractions thereof), with 12 administrative workweeks + equal to 480 hours for employees with a regular full- + time work schedule and converted to a proportional + number of hours for employees with part-time, seasonal, + or uncommon tours of duty; and + ``(H) may not be used during off-season (nonpay + status) periods for employees with seasonal work + schedules. + ``(d) Implementation Plan.--Not later than 1 year after the date of +enactment of this section, the Director of National Intelligence shall +provide the congressional intelligence committees with an +implementation plan that includes-- + ``(1) processes and procedures for implementing the paid + parental leave policies under subsections (a) through (c); + ``(2) an explanation of how the implementation of + subsections (a) through (c) will be reconciled with policies of + other elements of the Federal Government, including the impact + on elements funded by the National Intelligence Program that + are housed within agencies outside the intelligence community; + ``(3) the projected impact of the implementation of + subsections (a) through (c) on the workforce of the + intelligence community, including take rates, retention, + recruiting, and morale, broken down by each element of the + intelligence community; and + ``(4) all costs or operational expenses associated with the + implementation of subsections (a) through (c). + ``(e) Directive.--Not later than 90 days after the Director of +National Intelligence submits the implementation plan under subsection +(d), the Director of National Intelligence shall issue a written +directive to implement this section, which directive shall take effect +on the date of issuance. + ``(f) Annual Report.--The Director of National Intelligence shall +submit to the congressional intelligence committees an annual report +that-- + ``(1) details the number of employees of each element of + the intelligence community who applied for and took paid + parental leave under subsection (a) during the year covered by + the report; and + ``(2) includes updates on major implementation challenges + or costs associated with paid parental leave. + ``(g) Definition of Son or Daughter.--For purposes of this section, +the term `son or daughter' has the meaning given the term in section +6381 of title 5, United States Code.''. + (2) Clerical amendment.--The table of contents in the + matter preceding section 2 of the National Security Act of 1947 + (50 U.S.C. 3002) is amended by inserting after the item + relating to section 304 the following: + +``Sec. 305. Paid parental leave.''. + (c) Applicability.--Section 305 of the National Security Act of +1947, as added by subsection (b), shall apply with respect to leave +taken in connection with the birth or placement of a son or daughter +that occurs on or after the date on which the Director of National +Intelligence issues the written directive under subsection (e) of such +section 305. + + Subtitle B--Office of the Director of National Intelligence + +SEC. 9311. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN SECURITY + CLEARANCE PROCEDURES. + + (a) Exclusivity of Procedures.--Section 801 of the National +Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end +the following: + ``(c) Exclusivity.--Except as provided in subsection (b) and +subject to sections 801A and 801B, the procedures established pursuant +to subsection (a) shall be the exclusive procedures by which decisions +about eligibility for access to classified information are governed.''. + (b) Transparency.--Such section is further amended by adding at the +end the following: + ``(d) Publication.-- + ``(1) In general.--Not later than 180 days after the date + of the enactment of this subsection, the President shall-- + ``(A) publish in the Federal Register the + procedures established pursuant to subsection (a); or + ``(B) submit to Congress a certification that the + procedures currently in effect that govern access to + classified information as described in subsection (a)-- + ``(i) are published in the Federal + Register; and + ``(ii) comply with the requirements of + subsection (a). + ``(2) Updates.--Whenever the President makes a revision to + a procedure established pursuant to subsection (a), the + President shall publish such revision in the Federal Register + not later than 30 days before the date on which the revision + becomes effective.''. + (c) Consistency.-- + (1) In general.--Title VIII of the National Security Act of + 1947 (50 U.S.C. 3161 et seq.) is amended by inserting after + section 801 the following: + +``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED INFORMATION. + + ``(a) Definitions.--In this section: + ``(1) Agency.--The term `agency' has the meaning given the + term `Executive agency' in section 105 of title 5, United + States Code. + ``(2) Classified information.--The term `classified + information' includes sensitive compartmented information, + restricted data, restricted handling information, and other + compartmented information. + ``(3) Eligibility for access to classified information.-- + The term `eligibility for access to classified information' has + the meaning given such term in the procedures established + pursuant to section 801(a). + ``(b) In General.--Each head of an agency that makes a +determination regarding eligibility for access to classified +information shall ensure that in making the determination, the head of +the agency or any person acting on behalf of the agency-- + ``(1) does not violate any right or protection enshrined in + the Constitution of the United States, including rights + articulated in the First, Fifth, and Fourteenth Amendments; + ``(2) does not discriminate for or against an individual on + the basis of race, color, religion, sex, national origin, age, + or handicap; + ``(3) is not carrying out-- + ``(A) retaliation for political activities or + beliefs; or + ``(B) a coercion or reprisal described in section + 2302(b)(3) of title 5, United States Code; and + ``(4) does not violate section 3001(j)(1) of the + Intelligence Reform and Terrorism Prevention Act of 2004 (50 + U.S.C. 3341(j)(1)).''. + (2) Clerical amendment.--The table of contents in the + matter preceding section 2 of the National Security Act of 1947 + (50 U.S.C. 3002) is amended by inserting after the item + relating to section 801 the following: + +``Sec. 801A. Decisions relating to access to classified information.''. + +SEC. 9312. LIMITATION ON TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY. + + (a) Limitation.--Neither the Secretary of Defense nor the Director +of National Intelligence may commence any activity to transfer the +National Intelligence University out of the Defense Intelligence Agency +until the Secretary and the Director jointly certify each of the +following: + (1) The National Intelligence University has positively + adjudicated its warning from the Middle States Commission on + Higher Education and had its regional accreditation fully + restored. + (2) The National Intelligence University will serve as the + exclusive means by which advanced intelligence education is + provided to personnel of the Department of Defense. + (3) Military personnel will receive joint professional + military education from a National Intelligence University + location at a non-Department of Defense agency. + (4) The Department of Education will allow the Office of + the Director of National Intelligence to grant advanced + educational degrees. + (5) A governance model jointly led by the Director and the + Secretary of Defense is in place for the National Intelligence + University. + (b) Cost Estimates.-- + (1) Definition of appropriate committees of congress.--In + this subsection, the term ``appropriate committees of + Congress'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Armed Services of the Senate; + and + (C) the Committee on Armed Services of the House of + Representatives. + (2) In general.--Before commencing any activity to transfer + the National Intelligence University out of the Defense + Intelligence Agency, the Secretary of Defense and the Director + of National Intelligence shall jointly submit to the + appropriate committees of Congress an estimate of the direct + and indirect costs of operating the National Intelligence + University and the costs of transferring the National + Intelligence University to another agency. + (3) Contents.--The estimate submitted under paragraph (2) + shall include all indirect costs, including with respect to + human resources, security, facilities, and information + technology. + +SEC. 9313. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE PROCESS. + + (a) Definition of Security Executive Agent.--In this section, the +term ``Security Executive Agent'' means the officer serving as the +Security Executive Agent pursuant to section 803 of the National +Security Act of 1947, as added by section 10605 of division G. + (b) Policy Required.--Not later than 90 days after the date of the +enactment of this Act, the Security Executive Agent shall issue a +policy that requires the head of each Federal agency to create, not +later than December 31, 2023, an electronic portal that can be used by +human resources personnel and applicants for security clearances to +view information about the status of an application for a security +clearance and the average time required for each phase of the security +clearance process. + +SEC. 9314. MAKING CERTAIN POLICIES AND EXECUTION PLANS RELATING TO + PERSONNEL CLEARANCES AVAILABLE TO INDUSTRY PARTNERS. + + (a) Definitions.--In this section: + (1) Appropriate industry partner.--The term ``appropriate + industry partner'' means a contractor, licensee, or grantee (as + defined in section 101(a) of Executive Order 12829 (50 U.S.C. + 3161 note; relating to National Industrial Security Program), + as in effect on the day before the date of the enactment of + this Act) that is participating in the National Industrial + Security Program established by such Executive Order. + (2) Security executive agent.--The term ``Security + Executive Agent'' means the officer serving as the Security + Executive Agent pursuant to section 803 of the National + Security Act of 1947, as added by section 10605 of division G. + (b) Sharing of Policies and Plans Required.--Each head of a Federal +agency shall share policies and plans relating to security clearances +with appropriate industry partners directly affected by such policies +and plans in a manner consistent with the protection of national +security as well as the goals and objectives of the National Industrial +Security Program administered pursuant to Executive Order 12829 (50 +U.S.C. 3161 note; relating to the National Industrial Security +Program). + (c) Development of Policies and Procedures Required.--Not later +than 90 days after the date of the enactment of this Act, the Security +Executive Agent and the Director of the National Industrial Security +Program shall jointly develop policies and procedures by which +appropriate industry partners with proper security clearances and a +need to know can have appropriate access to the policies and plans +shared pursuant to subsection (b) that directly affect those industry +partners. + + Subtitle C--Inspector General of the Intelligence Community + +SEC. 9321. DEFINITIONS. + + In this subtitle: + (1) Whistleblower.--The term ``whistleblower'' means a + person who makes a whistleblower disclosure. + (2) Whistleblower disclosure.--The term ``whistleblower + disclosure'' means a disclosure that is protected under section + 1104 of the National Security Act of 1947 (50 U.S.C. 3234) or + section 3001(j)(1) of the Intelligence Reform and Terrorism + Prevention Act of 2004 (50 U.S.C. 3341(j)). + +SEC. 9322. INSPECTOR GENERAL EXTERNAL REVIEW PANEL. + + (a) Authority to Convene External Review Panels.-- + (1) In general.--Title XI of the National Security Act of + 1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end + the following new section: + +``SEC. 1105. INSPECTOR GENERAL EXTERNAL REVIEW PANEL. + + ``(a) Request for Review.--An individual with a claim described in +subsection (b) may submit to the Inspector General of the Intelligence +Community a request for a review of such claim by an external review +panel convened under subsection (c). + ``(b) Claims and Individuals Described.--A claim described in this +subsection is any-- + ``(1) claim by an individual-- + ``(A) that the individual has been subjected to a + personnel action that is prohibited under section 1104; + and + ``(B) who has exhausted the applicable review + process for the claim pursuant to enforcement of such + section; or + ``(2) claim by an individual-- + ``(A) that he or she has been subjected to a + reprisal prohibited by paragraph (1) of section 3001(j) + of the Intelligence Reform and Terrorism Prevention Act + of 2004 (50 U.S.C. 3341(j)); and + ``(B) who received a decision on an appeal + regarding that claim under paragraph (4) of such + section. + ``(c) External Review Panel Convened.-- + ``(1) Discretion to convene.--Upon receipt of a request + under subsection (a) regarding a claim, the Inspector General + of the Intelligence Community may, at the discretion of the + Inspector General, convene an external review panel under this + subsection to review the claim. + ``(2) Membership.-- + ``(A) Composition.--An external review panel + convened under this subsection shall be composed of + three members as follows: + ``(i) The Inspector General of the + Intelligence Community. + ``(ii) Except as provided in subparagraph + (B), two members selected by the Inspector + General as the Inspector General considers + appropriate on a case-by-case basis from among + inspectors general of the following: + ``(I) The Department of Defense. + ``(II) The Department of Energy. + ``(III) The Department of Homeland + Security. + ``(IV) The Department of Justice. + ``(V) The Department of State. + ``(VI) The Department of the + Treasury. + ``(VII) The Central Intelligence + Agency. + ``(VIII) The Defense Intelligence + Agency. + ``(IX) The National Geospatial- + Intelligence Agency. + ``(X) The National Reconnaissance + Office. + ``(XI) The National Security + Agency. + ``(B) Limitation.--An inspector general of an + agency may not be selected to sit on the panel under + subparagraph (A)(ii) to review any matter relating to a + decision made by such agency. + ``(C) Chairperson.-- + ``(i) In general.--Except as provided in + clause (ii), the chairperson of any panel + convened under this subsection shall be the + Inspector General of the Intelligence + Community. + ``(ii) Conflicts of interest.--If the + Inspector General of the Intelligence Community + finds cause to recuse himself or herself from a + panel convened under this subsection, the + Inspector General of the Intelligence Community + shall-- + ``(I) select a chairperson from + inspectors general of the elements + listed under subparagraph (A)(ii) whom + the Inspector General of the + Intelligence Community considers + appropriate; and + ``(II) notify the congressional + intelligence committees of such + selection. + ``(3) Period of review.--Each external review panel + convened under this subsection to review a claim shall complete + review of the claim no later than 270 days after the date on + which the Inspector General convenes the external review panel. + ``(d) Remedies.-- + ``(1) Panel recommendations.--If an external review panel + convened under subsection (c) determines, pursuant to a review + of a claim submitted by an individual under subsection (a), + that the individual was the subject of a personnel action + prohibited under section 1104 or was subjected to a reprisal + prohibited by section 3001(j)(1) of the Intelligence Reform and + Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), the + panel may recommend that the agency head take corrective + action-- + ``(A) in the case of an employee or former + employee-- + ``(i) to return the employee or former + employee, as nearly as practicable and + reasonable, to the position such employee or + former employee would have held had the + reprisal not occurred; or + ``(ii) reconsider the employee's or former + employee's eligibility for access to classified + information consistent with national security; + or + ``(B) in any other case, such other action as the + external review panel considers appropriate. + ``(2) Agency action.-- + ``(A) In general.--Not later than 90 days after the + date on which the head of an agency receives a + recommendation from an external review panel under + paragraph (1), the head shall-- + ``(i) give full consideration to such + recommendation; and + ``(ii) inform the panel and the Director of + National Intelligence of what action the head + has taken with respect to the recommendation. + ``(B) Failure to inform.--The Director shall notify + the President of any failures to comply with + subparagraph (A)(ii). + ``(e) Annual Reports.-- + ``(1) In general.--Not less frequently than once each year, + the Inspector General of the Intelligence Community shall + submit to the congressional intelligence committees and the + Director of National Intelligence a report on the activities + under this section during the previous year. + ``(2) Contents.--Subject to such limitations as the + Inspector General of the Intelligence Community considers + necessary to protect the privacy of an individual who has made + a claim described in subsection (b), each report submitted + under paragraph (1) shall include, for the period covered by + the report, the following: + ``(A) The determinations and recommendations made + by the external review panels convened under this + section. + ``(B) The responses of the heads of agencies that + received recommendations from the external review + panels.''. + (2) Table of contents amendment.--The table of contents in + the first section of the National Security Act of 1947 is + amended by adding at the end the following new item: + +``Sec. 1105. Inspector General external review panel.''. + (b) Recommendation on Addressing Whistleblower Appeals Relating to +Reprisal Complaints Against Inspectors General.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Inspector General of the + Intelligence Community shall submit to the congressional + intelligence committees a recommendation on how to ensure + that-- + (A) a whistleblower in the intelligence community + who has a complaint against an inspector general in the + intelligence community and who alleges a reprisal, has + available the agency adjudication and appellate review + provided under section 1104 of the National Security + Act of 1947 (50 U.S.C. 3234); and + (B) any such whistleblower who has exhausted the + applicable review process may request an external + review panel and receive one, at the discretion of the + Inspector General of the Intelligence Community. + (2) Contents.--The recommendation submitted pursuant to + paragraph (1) shall include the following: + (A) A discussion of whether and to what degree + section 1105 of the National Security Act of 1947, as + added by subsection (a)(1), provides appropriate + authorities and mechanisms to provide an external + review panel as described in paragraph (1) of this + subsection and for the purposes described in such + paragraph. + (B) Such recommendations for legislative or + administrative action as the Inspector General may have + with respect to providing an external review panel as + described in paragraph (1) and for the purposes + described in such paragraph. + +SEC. 9323. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND PROCEDURES. + + (a) In General.--Not later than 270 days after the date of the +enactment of this Act, the Inspector General of the Intelligence +Community, in coordination with the Intelligence Community Inspectors +General Forum, shall develop recommendations, applicable to all +inspectors general of elements of the intelligence community, regarding +the harmonization of instructions, policies, and directives relating to +processes, procedures, and timelines for claims and appeals relating to +allegations of personnel actions prohibited under section 1104 of the +National Security Act of 1947 or reprisals prohibited by section +3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of +2004 (50 U.S.C. 3341(j)(1)). + (b) Transparency and Protection.--In developing recommendations +under subsection (a), the Inspector General of the Intelligence +Community shall make efforts to maximize transparency and protect +whistleblowers. + +SEC. 9324. INTELLIGENCE COMMUNITY OVERSIGHT OF AGENCY WHISTLEBLOWER + ACTIONS. + + (a) Feasibility Study.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Inspector General of the + Intelligence Community, in consultation with the Intelligence + Community Inspectors General Forum, shall complete a + feasibility study on establishing a hotline whereby all + complaints of whistleblowers relating to the intelligence + community are automatically referred to the Inspector General + of the Intelligence Community. + (2) Elements.--The feasibility study conducted pursuant to + paragraph (1) shall include the following: + (A) The anticipated number of annual whistleblower + complaints received by all elements of the intelligence + community. + (B) The additional resources required to implement + the hotline, including personnel and technology. + (C) The resulting budgetary effects. + (D) Findings from the system established pursuant + to subsection (b). + (b) Oversight System Required.--Not later than 180 days after the +date of the enactment of this Act, the Inspector General of the +Intelligence Community shall establish a system whereby the Inspector +General is provided, in near real time, the following: + (1) All information relating to complaints by + whistleblowers relating to the programs and activities under + the jurisdiction of the Director of National Intelligence. + (2) Any inspector general actions relating to such + complaints. + (c) Privacy Protections.-- + (1) Policies and procedures required.--Before establishing + the system required by subsection (b), the Inspector General of + the Intelligence Community shall establish policies and + procedures to protect the privacy of whistleblowers and protect + against further dissemination of whistleblower information + without consent of the whistleblower. + (2) Control of distribution.--The system established under + subsection (b) shall provide whistleblowers the option of + prohibiting distribution of their complaints to the Inspector + General of the Intelligence Community. + +SEC. 9325. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS. + + (a) Report Required.--Not later than 1 year after the date of the +enactment of this Act, the Inspector General of the Intelligence +Community shall submit to the congressional intelligence committees a +report on access to cleared attorneys by whistleblowers in the +intelligence community. + (b) Contents.--The report submitted pursuant to subsection (a) +shall include the following: + (1) The number of whistleblowers in the intelligence + community who sought to retain a cleared attorney and at what + stage they sought such an attorney. + (2) For the 3-year period preceding the report, the + following: + (A) The number of limited security agreements + (LSAs). + (B) The scope and clearance levels of such limited + security agreements. + (C) The number of whistleblowers represented by + cleared counsel. + (3) Recommendations for legislative or administrative + action to ensure that whistleblowers in the intelligence + community have access to cleared attorneys, including + improvements to the limited security agreement process and such + other options as the Inspector General of the Intelligence + Community considers appropriate. + (c) Survey.--The Inspector General of the Intelligence Community +shall ensure that the report submitted under subsection (a) is based +on-- + (1) data from a survey of whistleblowers whose claims are + reported to the Inspector General of the Intelligence Community + by means of the oversight system established pursuant to + section 9324; + (2) information obtained from the inspectors general of the + intelligence community; or + (3) information from such other sources as may be + identified by the Inspector General of the Intelligence + Community. + + TITLE XCIV--REPORTS AND OTHER MATTERS + +SEC. 9401. STUDY ON FOREIGN EMPLOYMENT OF FORMER PERSONNEL OF + INTELLIGENCE COMMUNITY. + + (a) Study.--The Director of National Intelligence, in coordination +with the Secretary of Defense and the Secretary of State, shall conduct +a study of matters relating to the foreign employment of former +personnel of the intelligence community. + (b) Elements.--The study conducted pursuant to subsection (a) shall +address the following: + (1) Issues that pertain to former employees of the + intelligence community working with, or in support of, foreign + governments, and the nature and scope of those concerns. + (2) Such legislative or administrative action as may be + necessary for both front-end screening and in-progress + oversight by the Director of Defense Trade Controls of licenses + issued by the Director for former employees of the intelligence + community working for foreign governments. + (3) How increased requirements could be imposed for + periodic compliance reporting when licenses are granted for + companies or organizations that employ former personnel of the + intelligence community to execute contracts with foreign + governments. + (c) Report and Plan.-- + (1) Definition of appropriate committees of congress.--In + this subsection, the term ``appropriate committees of + Congress'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Armed Services and the + Committee on Foreign Relations of the Senate; and + (C) the Committee on Armed Services and the + Committee on Foreign Affairs of the House of + Representatives. + (2) In general.--Not later than 180 days after the date of + the enactment of this Act, the Director of National + Intelligence shall submit to the appropriate committees of + Congress-- + (A) a report on the findings of the Director with + respect to the study conducted pursuant to subsection + (a); and + (B) a plan to carry out such administrative actions + as the Director considers appropriate pursuant to the + findings described in subparagraph (A). + +SEC. 9402. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN KEY + UNITED STATES TECHNOLOGIES BY COMPANIES OR ORGANIZATIONS + LINKED TO CHINA. + + (a) Assessment Required.--Not later than 90 days after the date of +the enactment of this Act, the Director of National Intelligence, in +coordination with the Director of the National Counterintelligence and +Security Center, the Director of the Federal Bureau of Investigation, +the Director of the Central Intelligence Agency, the Secretary of the +Treasury, and the heads of such other Federal agencies as the Director +of National Intelligence considers appropriate, shall submit to the +congressional intelligence committees a comprehensive economic +assessment of investment in key United States technologies, including +emerging technologies, by companies or organizations linked to China, +including the implications of these investments for the national +security of the United States. + (b) Form of Assessment.--The assessment submitted under subsection +(a) shall be submitted in unclassified form, but may include a +classified annex. + +SEC. 9403. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR INITIATIVES OF + INTELLIGENCE COMMUNITY IN ARTIFICIAL INTELLIGENCE AND + MACHINE LEARNING. + + (a) Analysis.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Director of National + Intelligence shall, in coordination with the heads of such + elements of the intelligence community as the Director + considers appropriate-- + (A) complete a comprehensive analysis of the major + initiatives of the intelligence community in artificial + intelligence and machine learning; and + (B) submit to the congressional intelligence + committees a report on the findings of the Director + with respect to the analysis conducted pursuant to + subparagraph (A). + (2) Elements.--The analysis conducted under paragraph + (1)(A) shall include analyses of how the initiatives described + in such paragraph-- + (A) correspond with the strategy of the + intelligence community entitled ``Augmenting + Intelligence Using Machines''; + (B) complement each other and avoid unnecessary + duplication; + (C) are coordinated with the efforts of the Defense + Department on artificial intelligence, including + efforts at the Joint Artificial Intelligence Center + (JAIC) and Project Maven; and + (D) leverage advances in artificial intelligence + and machine learning in the private sector. + (b) Periodic Briefings.--Not later than 30 days after the date of +the enactment of this Act, not less frequently than twice each year +thereafter until the date that is 2 years after the date of the +enactment of this Act, and not less frequently than once each year +thereafter until the date that is 7 years after the date of the +enactment of this Act, the Director and the Chief Information Officer +of the Department of Defense shall jointly provide to the congressional +intelligence committees and congressional defense committees (as +defined in section 101 of title 10, United States Code) briefings with +updates on activities relating to, and the progress of, their +respective artificial intelligence and machine learning initiatives, +particularly the Augmenting Intelligence Using Machines initiative and +the Joint Artificial Intelligence Center. + +SEC. 9404. ENCOURAGING COOPERATIVE ACTIONS TO DETECT AND COUNTER + FOREIGN INFLUENCE OPERATIONS. + + (a) Findings.--Congress makes the following findings: + (1) The Russian Federation, through military intelligence + units, also known as the ``GRU'', and Kremlin-linked troll + organizations often referred to as the ``Internet Research + Agency'', deploy information warfare operations against the + United States, its allies and partners, with the goal of + advancing the strategic interests of the Russian Federation. + (2) One line of effort deployed as part of these + information warfare operations is the weaponization of social + media platforms with the goals of intensifying societal + tensions, undermining trust in governmental institutions within + the United States, its allies and partners in the West, and + generally sowing division, fear, and confusion. + (3) These information warfare operations are a threat to + the national security of the United States and that of the + allies and partners of the United States. As Director of + National Intelligence Dan Coats stated, ``These actions are + persistent, they are pervasive and they are meant to undermine + America's democracy.''. + (4) These information warfare operations continue to evolve + and increase in sophistication. + (5) Other foreign adversaries and hostile non-state actors + will increasingly adopt similar tactics of deploying + information warfare operations against the West. + (6) Technological advances, including artificial + intelligence, will only make it more difficult in the future to + detect fraudulent accounts, deceptive material posted on social + media, and malign behavior on social media platforms. + (7) Because these information warfare operations are + deployed within and across private social media platforms, the + companies that own these platforms have a responsibility to + detect and remove foreign adversary networks operating + clandestinely on their platforms. + (8) The social media companies are inherently + technologically sophisticated and adept at rapidly analyzing + large amounts of data and developing software-based solutions + to diverse and ever-changing challenges on their platforms, + which makes them well-equipped to address the threat occurring + on their platforms. + (9) Independent analyses confirmed Kremlin-linked threat + networks, based on data provided by several social media + companies to the Select Committee on Intelligence of the + Senate, thereby demonstrating that it is possible to discern + both broad patterns of cross-platform information warfare + operations and specific fraudulent behavior on social media + platforms. + (10) General Paul Nakasone, Director of the National + Security Agency, emphasized the importance of these independent + analyses to the planning and conduct of military cyber + operations to frustrate Kremlin-linked information warfare + operations against the 2018 mid-term elections. General + Nakasone stated that the reports ``were very, very helpful in + terms of being able to understand exactly what our adversary + was trying to do to build dissent within our nation.''. + (11) Institutionalizing ongoing robust, independent, and + vigorous analysis of data related to foreign threat networks + within and across social media platforms will help counter + ongoing information warfare operations against the United + States, its allies, and its partners. + (12) Archiving and disclosing to the public the results of + these analyses by the social media companies and trusted third- + party experts in a transparent manner will serve to demonstrate + that the social media companies are detecting and removing + foreign malign activities from their platforms while protecting + the privacy of the people of the United States and will build + public understanding of the scale and scope of these foreign + threats to our democracy, since exposure is one of the most + effective means to build resilience. + (b) Sense of the Senate.--It is the sense of the Senate that-- + (1) the social media companies should cooperate among + themselves and with independent organizations and researchers + on a sustained and regular basis to share and analyze data and + indicators relevant to foreign information warfare operations + within and across their platforms in order to detect and + counter foreign information warfare operations that threaten + the national security of the United States and its allies and + partners; + (2) these analytic efforts should be organized in such a + fashion as to meet the highest standards of ethics, + confidentiality, and privacy protection of the people of the + United States; + (3) these analytic efforts should be undertaken as soon as + possible to facilitate countering ongoing Kremlin, Kremlin- + linked, and other foreign information warfare operations and to + aid in preparations for the United States presidential and + congressional elections in 2020 and beyond; + (4) the structure and operations of social media companies + make them well positioned to address foreign adversary threat + networks within and across their platforms, and these efforts + could be conducted without direct Government involvement, + direction, or regulation; and + (5) if the social media industry fails to take sufficient + action to address foreign adversary threat networks operating + within or across their platforms, Congress would have to + consider additional safeguards for ensuring that this threat is + effectively mitigated. + (c) Authority to Facilitate Establishment of Social Media Data +Analysis Center.-- + (1) Authority.--The Director of National Intelligence, in + coordination with the Secretary of Defense, may facilitate, by + grant or contract or under an existing authority of the + Director, the establishment of a Social Media Data Analysis + Center with the functions described in paragraph (2) at an + independent, nonprofit organization. + (2) Functions.--The functions described in this paragraph + are the following: + (A) Acting as a convening and sponsoring authority + for cooperative social media data analysis of foreign + threat networks involving social media companies and + third-party experts, nongovernmental organizations, + data journalists, federally funded research and + development centers, and academic researchers. + (B) Facilitating analysis within and across the + individual social media platforms for the purpose of + detecting, exposing, and countering clandestine foreign + influence operations and related unlawful activities + that fund or subsidize such operations. + (C) Developing processes to share information from + government entities on foreign influence operations + with the individual social media companies to inform + threat analysis, and working with the Office of the + Director of National Intelligence as appropriate. + (D) Determining and making public criteria for + identifying which companies, organizations, or + researchers qualify for inclusion in the activities of + the Center, and inviting entities that fit the criteria + to join. + (E) Determining jointly with the social media + companies what data and metadata related to indicators + of foreign adversary threat networks from their + platforms and business operations will be made + available for access and analysis. + (F) Developing and making public the criteria and + standards that must be met for companies, other + organizations, and individual researchers to access and + analyze data relating to foreign adversary threat + networks within and across social media platforms and + publish or otherwise use the results. + (G) Developing and making public the ethical + standards for investigation of foreign threat networks + and use of analytic results and for protection of the + privacy of the customers and users of the social media + platforms and of the proprietary information of the + social media companies. + (H) Developing technical, contractual, and + procedural controls to prevent misuse of data, + including any necessary auditing procedures, compliance + checks, and review mechanisms. + (I) Developing and making public criteria and + conditions under which the Center shall share + information with the appropriate Government agencies + regarding threats to national security from, or + violations of the law involving, foreign activities on + social media platforms. + (J) Developing a searchable, public archive + aggregating information related to foreign influence + and disinformation operations to build a collective + understanding of the threats and facilitate future + examination consistent with privacy protections. + (d) Reporting and Notifications.--If the Director of National +Intelligence chooses to use funds under subsection (c)(1) to facilitate +the establishment of the Center, the Director of the Center shall-- + (1) not later than March 1, 2020, submit to Congress a + report on-- + (A) the estimated funding needs of the Center for + fiscal year 2021 and for subsequent years; + (B) such statutory protections from liability as + the Director considers necessary for the Center, + participating social media companies, and participating + third-party analytical participants; + (C) such statutory penalties as the Director + considers necessary to ensure against misuse of data by + researchers; and + (D) such changes to the Center's mission to fully + capture broader unlawful activities that intersect + with, complement, or support information warfare + tactics; and + (2) not less frequently than once each year, submit to the + Director of National Intelligence, the Secretary of Defense, + and the appropriate congressional committees a report-- + (A) that assesses-- + (i) degree of cooperation and commitment + from the social media companies to the mission + of the Center; and + (ii) effectiveness of the Center in + detecting and removing clandestine foreign + information warfare operations from social + media platforms; and + (B) includes such recommendations for legislative + or administrative action as the Center considers + appropriate to carry out the functions of the Center. + (e) Periodic Reporting to the Public.--The Director of the Center +shall-- + (1) once each quarter, make available to the public a + report on key trends in foreign influence and disinformation + operations, including any threats to campaigns and elections, + to inform the public of the United States; and + (2) as the Director considers necessary, provide more + timely assessments relating to ongoing disinformation + campaigns. + (f) Funding.--Of the amounts appropriated or otherwise made +available to the National Intelligence Program (as defined in section 3 +of the National Security Act of 1947 (50 U.S.C. 3003)) in fiscal year +2020 and 2021, the Director of National Intelligence may use up to +$30,000,000 to carry out this section. + (g) Definition of Appropriate Congressional Committees.--In this +section, the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services of the Senate; + (2) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (3) the Committee on Foreign Relations of the Senate; + (4) the Committee on the Judiciary of the Senate; + (5) the Select Committee on Intelligence of the Senate; + (6) the Committee on Armed Services of the House of + Representatives; + (7) the Committee on Homeland Security of the House of + Representatives; + (8) the Committee on Foreign Affairs of the House of + Representatives; + (9) the Committee on the Judiciary of the House of + Representatives; and + (10) the Permanent Select Committee on Intelligence of the + House of Representatives. + +SEC. 9405. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA. + + (a) Definitions.--In this section: + (1) Covered institution of higher education.--The term + ``covered institution of higher education'' means an + institution described in section 102 of the Higher Education + Act of 1965 (20 U.S.C. 1002) that receives Federal funds in any + amount and for any purpose. + (2) Sensitive research subject.--The term ``sensitive + research subject'' means a subject of research that is carried + out at a covered institution of higher education that receives + funds that were appropriated for-- + (A) the National Intelligence Program; or + (B) any Federal agency the Director of National + Intelligence deems appropriate. + (b) Report Required.--Not later than 180 days after the date of the +enactment of this Act and not less frequently than once each year +thereafter, the Director of National Intelligence, in consultation with +such elements of the intelligence community as the Director considers +appropriate and consistent with the privacy protections afforded to +United States persons, shall submit to congressional intelligence +committees a report on risks to sensitive research subjects posed by +foreign entities in order to provide Congress and covered institutions +of higher education with more complete information on these risks and +to help ensure academic freedom. + (c) Contents.--The report required by subsection (b) shall include +the following: + (1) A list of sensitive research subjects that could affect + national security. + (2) A list of foreign entities, including governments, + corporations, nonprofit organizations and for-profit + organizations, and any subsidiary or affiliate of such an + entity, that the Director determines pose a + counterintelligence, espionage (including economic espionage), + or other national security threats with respect to sensitive + research subjects. + (3) A list of any known or suspected attempts by foreign + entities to exert pressure on covered institutions of higher + education, including attempts to limit freedom of speech, + propagate misinformation or disinformation, or to influence + professors, researchers, or students. + (4) Recommendations for collaboration between covered + institutions of higher education and the intelligence community + to mitigate threats to sensitive research subjects associated + with foreign influence in academia, including any necessary + legislative or administrative action. + (d) Congressional Notifications Required.--Not later than 30 days +after the date on which the Director identifies a change to either list +described in paragraph (1) or (2) of subsection (c), the Director shall +notify the congressional intelligence committees of the change. + +SEC. 9406. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON FIFTH-GENERATION + WIRELESS NETWORK TECHNOLOGY. + + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence shall +submit to the congressional intelligence committees a report on-- + (1) the threat to United States national security posed by + the global and regional adoption of fifth-generation (5G) + wireless network technology built by foreign companies; and + (2) the effect of possible efforts to mitigate the threat. + (b) Contents.--The report required by subsection (a) shall include: + (1) The timeline and scale of global and regional adoption + of foreign fifth-generation wireless network technology. + (2) The implications of such global and regional adoption + on the cyber and espionage threat to the United States and + United States interests as well as to United States cyber and + collection capabilities. + (3) The effect of possible mitigation efforts, including: + (A) United States Government policy promoting the + use of strong, end-to-end encryption for data + transmitted over fifth-generation wireless networks. + (B) United States Government policy promoting or + funding free, open-source implementation of fifth- + generation wireless network technology. + (C) United States Government subsidies or + incentives that could be used to promote the adoption + of secure fifth-generation wireless network technology + developed by companies of the United States or + companies of allies of the United States. + (D) United States Government strategy to reduce + foreign influence and political pressure in + international standard-setting bodies. + (c) Form.--The report submitted under subsection (a) shall be +submitted in unclassified form to the greatest extent practicable, but +may include a classified appendix if necessary. + +SEC. 9407. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON + CYBERSECURITY AND SURVEILLANCE THREATS TO CONGRESS. + + (a) Annual Report Required.--Not later than 180 days after the date +of the enactment of this Act and not less frequently than once each +year thereafter, the Comptroller General of the United States shall +submit to the congressional intelligence committees a report on +cybersecurity and surveillance threats to Congress. + (b) Statistics.--Each report submitted under subsection (a) shall +include statistics on cyber attacks and other incidents of espionage or +surveillance targeted against Senators or the immediate families or +staff of the Senators, in which the nonpublic communications and other +private information of such targeted individuals were lost, stolen, or +otherwise subject to unauthorized access by criminals or a foreign +government. + (c) Consultation.--In preparing a report to be submitted under +subsection (a), the Comptroller General shall consult with the Director +of National Intelligence, the Secretary of Homeland Security, and the +Sergeant at Arms and Doorkeeper of the Senate. + +SEC. 9408. DIRECTOR OF NATIONAL INTELLIGENCE ASSESSMENT OF FOREIGN + INTERFERENCE IN ELECTIONS. + + (a) Assessments Required.--Not later than 45 days after the +conclusion of a United States election, the Director of National +Intelligence, in consultation with the heads of such other executive +departments and agencies as the Director considers appropriate, shall-- + (1) conduct an assessment of any information indicating + that a foreign government, or any person acting as an agent of + or on behalf of a foreign government, has acted with the intent + or purpose of interfering in that election; and + (2) transmit the findings of the Director with respect to + the assessment conducted under paragraph (1), along with such + supporting information as the Director considers appropriate, + to the following: + (A) The President. + (B) The Secretary of State. + (C) The Secretary of the Treasury. + (D) The Secretary of Defense. + (E) The Attorney General. + (F) The Secretary of Homeland Security. + (G) Congress. + (b) Elements.--An assessment conducted under subsection (a)(1), +with respect to an act described in such subsection, shall identify, to +the maximum extent ascertainable, the following: + (1) The nature of any foreign interference and any methods + employed to execute the act. + (2) The persons involved. + (3) The foreign government or governments that authorized, + directed, sponsored, or supported the act. + (c) Publication.--In a case in which the Director conducts an +assessment under subsection (a)(1) with respect to an election, the +Director shall, as soon as practicable after the date of the conclusion +of such election and not later than 60 days after the date of such +conclusion, make available to the public, to the greatest extent +possible consistent with the protection of sources and methods, the +findings transmitted under subsection (a)(2). + +SEC. 9409. STUDY ON FEASIBILITY AND ADVISABILITY OF ESTABLISHING + GEOSPATIAL-INTELLIGENCE MUSEUM AND LEARNING CENTER. + + (a) Study Required.--Not later than 180 days after the date of the +enactment of this Act, the Director of the National Geospatial- +Intelligence Agency shall complete a study on the feasibility and +advisability of establishing a Geospatial-Intelligence Museum and +learning center. + (b) Elements.--The study required by subsection (a) shall include +the following: + (1) Identifying the costs, opportunities, and challenges of + establishing the museum and learning center as described in + such subsection. + (2) Developing recommendations concerning such + establishment. + (3) Identifying and reviewing lessons learned from the + establishment of the Cyber Center for Education and Innovation- + Home of the National Cryptologic Museum under section 7781(a) + of title 10, United States Code. + (c) Report.--Not later than 180 days after the date of the +enactment of this Act, the Director shall submit to the congressional +intelligence committees and the congressional defense committees (as +defined in section 101 of title 10, United States Code) a report on the +findings of the Director with respect to the study completed under +subsection (a). + +SEC. 9410. REPORT ON DEATH OF JAMAL KHASHOGGI. + + (a) In General.--Not later than 30 days after the date of the +enactment of this Act, the Director of National Intelligence shall +submit to Congress a report on the death of Jamal Khashoggi, consistent +with protecting sources and methods. Such report shall include +identification of those who carried out, participated in, ordered, or +were otherwise complicit in or responsible for the death of Jamal +Khashoggi. + (b) Form.--The report submitted under subsection (a) shall be +submitted in unclassified form. + + DIVISION G--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019 + +SEC. 10001. SHORT TITLE. + + This division may be cited as the ``Damon Paul Nelson and Matthew +Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and +2019''. + +SEC. 10002. DEFINITIONS. + + In this division: + (1) Congressional intelligence committees.--The term + ``congressional intelligence committees'' has the meaning given + such term in section 3 of the National Security Act of 1947 (50 + U.S.C. 3003). + (2) Intelligence community.--The term ``intelligence + community'' has the meaning given such term in such section. + + TITLE CI--INTELLIGENCE ACTIVITIES + +SEC. 10101. AUTHORIZATION OF APPROPRIATIONS. + + (a) Fiscal Year 2019.--Funds are hereby authorized to be +appropriated for fiscal year 2019 for the conduct of the intelligence +and intelligence-related activities of the following elements of the +United States Government: + (1) The Office of the Director of National Intelligence. + (2) The Central Intelligence Agency. + (3) The Department of Defense. + (4) The Defense Intelligence Agency. + (5) The National Security Agency. + (6) The Department of the Army, the Department of the Navy, + and the Department of the Air Force. + (7) The Coast Guard. + (8) The Department of State. + (9) The Department of the Treasury. + (10) The Department of Energy. + (11) The Department of Justice. + (12) The Federal Bureau of Investigation. + (13) The Drug Enforcement Administration. + (14) The National Reconnaissance Office. + (15) The National Geospatial-Intelligence Agency. + (16) The Department of Homeland Security. + (b) Fiscal Year 2018.--Funds that were appropriated for fiscal year +2018 for the conduct of the intelligence and intelligence-related +activities of the elements of the United States set forth in subsection +(a) are hereby authorized. + +SEC. 10102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. + + (a) Specifications of Amounts.--The amounts authorized to be +appropriated under section 10101 for the conduct of the intelligence +activities of the elements listed in paragraphs (1) through (16) of +section 10101, are those specified in the classified Schedule of +Authorizations prepared to accompany this division. + (b) Availability of Classified Schedule of Authorizations.-- + (1) Availability.--The classified Schedule of + Authorizations referred to in subsection (a) shall be made + available to the Committee on Appropriations of the Senate, the + Committee on Appropriations of the House of Representatives, + and to the President. + (2) Distribution by the president.--Subject to paragraph + (3), the President shall provide for suitable distribution of + the classified Schedule of Authorizations referred to in + subsection (a), or of appropriate portions of such Schedule, + within the executive branch. + (3) Limits on disclosure.--The President shall not publicly + disclose the classified Schedule of Authorizations or any + portion of such Schedule except-- + (A) as provided in section 601(a) of the + Implementing Recommendations of the 9/11 Commission Act + of 2007 (50 U.S.C. 3306(a)); + (B) to the extent necessary to implement the + budget; or + (C) as otherwise required by law. + +SEC. 10103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. + + (a) Authorization of Appropriations.--There is authorized to be +appropriated for the Intelligence Community Management Account of the +Director of National Intelligence for fiscal year 2019 the sum of +$522,424,000. + (b) Classified Authorization of Appropriations.--In addition to +amounts authorized to be appropriated for the Intelligence Community +Management Account by subsection (a), there are authorized to be +appropriated for the Intelligence Community Management Account for +fiscal year 2019 such additional amounts as are specified in the +classified Schedule of Authorizations referred to in section 10102(a). + +TITLE CII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM + +SEC. 10201. AUTHORIZATION OF APPROPRIATIONS. + + There is authorized to be appropriated for the Central Intelligence +Agency Retirement and Disability Fund $514,000,000 for fiscal year +2019. + +SEC. 10202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL + INTELLIGENCE AGENCY. + + (a) Computation of Annuities.-- + (1) In general.--Section 221 of the Central Intelligence + Agency Retirement Act (50 U.S.C. 2031) is amended-- + (A) in subsection (a)(3)(B), by striking the period + at the end and inserting ``, as determined by using the + annual rate of basic pay that would be payable for + full-time service in that position.''; + (B) in subsection (b)(1)(C)(i), by striking ``12- + month'' and inserting ``2-year''; + (C) in subsection (f)(2), by striking ``one year'' + and inserting ``two years''; + (D) in subsection (g)(2), by striking ``one year'' + each place such term appears and inserting ``two + years''; + (E) by redesignating subsections (h), (i), (j), + (k), and (l) as subsections (i), (j), (k), (l), and + (m), respectively; and + (F) by inserting after subsection (g) the + following: + ``(h) Conditional Election of Insurable Interest Survivor Annuity +by Participants Married at the Time of Retirement.-- + ``(1) Authority to make designation.--Subject to the + rights of former spouses under subsection (b) and section 222, + at the time of retirement a married participant found by the + Director to be in good health may elect to receive an annuity + reduced in accordance with subsection (f)(1)(B) and designate + in writing an individual having an insurable interest in the + participant to receive an annuity under the system after the + participant's death, except that any such election to provide + an insurable interest survivor annuity to the participant's + spouse shall only be effective if the participant's spouse + waives the spousal right to a survivor annuity under this Act. + The amount of the annuity shall be equal to 55 percent of the + participant's reduced annuity. + ``(2) Reduction in participant's annuity.--The annuity + payable to the participant making such election shall be + reduced by 10 percent of an annuity computed under subsection + (a) and by an additional 5 percent for each full 5 years the + designated individual is younger than the participant. The + total reduction under this subparagraph may not exceed 40 + percent. + ``(3) Commencement of survivor annuity.--The annuity + payable to the designated individual shall begin on the day + after the retired participant dies and terminate on the last + day of the month before the designated individual dies. + ``(4) Recomputation of participant's annuity on death of + designated individual.--An annuity that is reduced under this + subsection shall, effective the first day of the month + following the death of the designated individual, be recomputed + and paid as if the annuity had not been so reduced.''. + (2) Conforming amendments.-- + (A) Central intelligence agency retirement act.-- + The Central Intelligence Agency Retirement Act (50 + U.S.C. 2001 et seq.) is amended-- + (i) in section 232(b)(1) (50 U.S.C. + 2052(b)(1)), by striking ``221(h),'' and + inserting ``221(i),''; and + (ii) in section 252(h)(4) (50 U.S.C. + 2082(h)(4)), by striking ``221(k)'' and + inserting ``221(l)''. + (B) Central intelligence agency act of 1949.-- + Subsection (a) of section 14 of the Central + Intelligence Agency Act of 1949 (50 U.S.C. 3514(a)) is + amended by striking ``221(h)(2), 221(i), 221(l),'' and + inserting ``221(i)(2), 221(j), 221(m),''. + (b) Annuities for Former Spouses.--Subparagraph (B) of section +222(b)(5) of the Central Intelligence Agency Retirement Act (50 U.S.C. +2032(b)(5)(B)) is amended by striking ``one year'' and inserting ``two +years''. + (c) Prior Service Credit.--Subparagraph (A) of section 252(b)(3) of +the Central Intelligence Agency Retirement Act (50 U.S.C. +2082(b)(3)(A)) is amended by striking ``October 1, 1990'' both places +that term appears and inserting ``March 31, 1991''. + (d) Reemployment Compensation.--Section 273 of the Central +Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended-- + (1) by redesignating subsections (b) and (c) as subsections + (c) and (d), respectively; and + (2) by inserting after subsection (a) the following: + ``(b) Part-Time Reemployed Annuitants.--The Director shall have the +authority to reemploy an annuitant on a part-time basis in accordance +with section 8344(l) of title 5, United States Code.''. + (e) Effective Date and Application.--The amendments made by +subsection (a)(1)(A) and subsection (c) shall take effect as if enacted +on October 28, 2009, and shall apply to computations or participants, +respectively, as of such date. + + TITLE CIII--GENERAL INTELLIGENCE COMMUNITY MATTERS + +SEC. 10301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. + + The authorization of appropriations by this division shall not be +deemed to constitute authority for the conduct of any intelligence +activity which is not otherwise authorized by the Constitution or the +laws of the United States. + +SEC. 10302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED + BY LAW. + + Appropriations authorized by this division for salary, pay, +retirement, and other benefits for Federal employees may be increased +by such additional or supplemental amounts as may be necessary for +increases in such compensation or benefits authorized by law. + +SEC. 10303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE, + TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS AND + ADDITION OF SPECIAL PAY AUTHORITY FOR CYBER POSITIONS. + + Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a) +is amended-- + (1) by amending subsection (a) to read as follows: + ``(a) Special Rates of Pay for Positions Requiring Expertise in +Science, Technology, Engineering, or Mathematics.-- + ``(1) In general.--Notwithstanding part III of title 5, + United States Code, the head of each element of the + intelligence community may, for 1 or more categories of + positions in such element that require expertise in science, + technology, engineering, or mathematics-- + ``(A) establish higher minimum rates of pay; and + ``(B) make corresponding increases in all rates of + pay of the pay range for each grade or level, subject + to subsection (b) or (c), as applicable. + ``(2) Treatment.--The special rate supplements resulting + from the establishment of higher rates under paragraph (1) + shall be basic pay for the same or similar purposes as those + specified in section 5305(j) of title 5, United States Code.''; + (2) by redesignating subsections (b) through (f) as + subsections (c) through (g), respectively; + (3) by inserting after subsection (a) the following: + ``(b) Special Rates of Pay for Cyber Positions.-- + ``(1) In general.--Notwithstanding subsection (c), the + Director of the National Security Agency may establish a + special rate of pay-- + ``(A) not to exceed the rate of basic pay payable + for level II of the Executive Schedule under section + 5313 of title 5, United States Code, if the Director + certifies to the Under Secretary of Defense for + Intelligence, in consultation with the Under Secretary + of Defense for Personnel and Readiness, that the rate + of pay is for positions that perform functions that + execute the cyber mission of the Agency; or + ``(B) not to exceed the rate of basic pay payable + for the Vice President of the United States under + section 104 of title 3, United States Code, if the + Director certifies to the Secretary of Defense, by + name, individuals that have advanced skills and + competencies and that perform critical functions that + execute the cyber mission of the Agency. + ``(2) Pay limitation.--Employees receiving a special rate + under paragraph (1) shall be subject to an aggregate pay + limitation that parallels the limitation established in section + 5307 of title 5, United States Code, except that-- + ``(A) any allowance, differential, bonus, award, or + other similar cash payment in addition to basic pay + that is authorized under title 10, United States Code, + (or any other applicable law in addition to title 5 of + such Code, excluding the Fair Labor Standards Act of + 1938 (29 U.S.C. 201 et seq.)) shall also be counted as + part of aggregate compensation; and + ``(B) aggregate compensation may not exceed the + rate established for the Vice President of the United + States under section 104 of title 3, United States + Code. + ``(3) Limitation on number of recipients.--The number of + individuals who receive basic pay established under paragraph + (1)(B) may not exceed 100 at any time. + ``(4) Limitation on use as comparative reference.-- + Notwithstanding any other provision of law, special rates of + pay and the limitation established under paragraph (1)(B) may + not be used as comparative references for the purpose of fixing + the rates of basic pay or maximum pay limitations of qualified + positions under section 1599f of title 10, United States Code, + or section 226 of the Homeland Security Act of 2002 (6 U.S.C. + 147).''; + (4) in subsection (c), as redesignated by paragraph (2), by + striking ``A minimum'' and inserting ``Except as provided in + subsection (b), a minimum''; + (5) in subsection (d), as redesignated by paragraph (2), by + inserting ``or (b)'' after ``by subsection (a)''; and + (6) in subsection (g), as redesignated by paragraph (2)-- + (A) in paragraph (1), by striking ``Not later than + 90 days after the date of the enactment of the + Intelligence Authorization Act for Fiscal Year 2017'' + and inserting ``Not later than 90 days after the date + of the enactment of the Damon Paul Nelson and Matthew + Young Pollard Intelligence Authorization Act for Fiscal + Years 2018 and 2019''; and + (B) in paragraph (2)(A), by inserting ``or (b)'' + after ``subsection (a)''. + +SEC. 10304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION OFFICER OF + THE INTELLIGENCE COMMUNITY. + + Section 103G(a) of the National Security Act of 1947 (50 U.S.C. +3032(a)) is amended by striking ``President'' and inserting +``Director''. + +SEC. 10305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF PLACEMENT OF + POSITIONS WITHIN THE INTELLIGENCE COMMUNITY ON THE + EXECUTIVE SCHEDULE. + + (a) Review.--The Director of National Intelligence, in coordination +with the Director of the Office of Personnel Management, shall conduct +a review of positions within the intelligence community regarding the +placement of such positions on the Executive Schedule under subchapter +II of chapter 53 of title 5, United States Code. In carrying out such +review, the Director of National Intelligence, in coordination with the +Director of the Office of Personnel Management, shall determine-- + (1) the standards under which such review will be + conducted; + (2) which positions should or should not be on the + Executive Schedule; and + (3) for those positions that should be on the Executive + Schedule, the level of the Executive Schedule at which such + positions should be placed. + (b) Report.--Not later than 60 days after the date on which the +review under subsection (a) is completed, the Director of National +Intelligence shall submit to the congressional intelligence committees, +the Committee on Homeland Security and Governmental Affairs of the +Senate, and the Committee on Oversight and Reform of the House of +Representatives an unredacted report describing the standards by which +the review was conducted and the outcome of the review. + +SEC. 10306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK MANAGEMENT TASK + FORCE. + + (a) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means the following: + (1) The congressional intelligence committees. + (2) The Committee on Armed Services and the Committee on + Homeland Security and Governmental Affairs of the Senate. + (3) The Committee on Armed Services, the Committee on + Homeland Security, and the Committee on Oversight and Reform of + the House of Representatives. + (b) Requirement to Establish.--The Director of National +Intelligence shall establish a Supply Chain and Counterintelligence +Risk Management Task Force to standardize information sharing between +the intelligence community and the acquisition community of the United +States Government with respect to the supply chain and +counterintelligence risks. + (c) Members.--The Supply Chain and Counterintelligence Risk +Management Task Force established under subsection (b) shall be +composed of-- + (1) a representative of the Defense Security Service of the + Department of Defense; + (2) a representative of the General Services + Administration; + (3) a representative of the Office of Federal Procurement + Policy of the Office of Management and Budget; + (4) a representative of the Department of Homeland + Security; + (5) a representative of the Federal Bureau of + Investigation; + (6) the Director of the National Counterintelligence and + Security Center; and + (7) any other members the Director of National Intelligence + determines appropriate. + (d) Security Clearances.--Each member of the Supply Chain and +Counterintelligence Risk Management Task Force established under +subsection (b) shall have a security clearance at the top secret level +and be able to access sensitive compartmented information. + (e) Annual Report.--The Supply Chain and Counterintelligence Risk +Management Task Force established under subsection (b) shall submit to +the appropriate congressional committees an annual report that +describes the activities of the Task Force during the previous year, +including identification of the supply chain and counterintelligence +risks shared with the acquisition community of the United States +Government by the intelligence community. + +SEC. 10307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND + CYBERSECURITY INFRASTRUCTURE WHEN SHARING INTELLIGENCE + WITH FOREIGN GOVERNMENTS AND ENTITIES. + + Whenever the head of an element of the intelligence community +enters into an intelligence sharing agreement with a foreign government +or any other foreign entity, the head of the element shall consider the +pervasiveness of telecommunications and cybersecurity infrastructure, +equipment, and services provided by adversaries of the United States, +particularly China and Russia, or entities of such adversaries in the +country or region of the foreign government or other foreign entity +entering into the agreement. + +SEC. 10308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE + INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE TO + CYBER ATTACK. + + (a) Definitions.--In this section: + (1) Personal accounts.--The term ``personal accounts'' + means accounts for online and telecommunications services, + including telephone, residential Internet access, email, text + and multimedia messaging, cloud computing, social media, health + care, and financial services, used by personnel of the + intelligence community outside of the scope of their employment + with elements of the intelligence community. + (2) Personal technology devices.--The term ``personal + technology devices'' means technology devices used by personnel + of the intelligence community outside of the scope of their + employment with elements of the intelligence community, + including networks to which such devices connect. + (b) Authority to Provide Cyber Protection Support.-- + (1) In general.--Subject to a determination by the Director + of National Intelligence, the Director may provide cyber + protection support for the personal technology devices and + personal accounts of the personnel described in paragraph (2). + (2) At-risk personnel.--The personnel described in this + paragraph are personnel of the intelligence community-- + (A) who the Director determines to be highly + vulnerable to cyber attacks and hostile information + collection activities because of the positions occupied + by such personnel in the intelligence community; and + (B) whose personal technology devices or personal + accounts are highly vulnerable to cyber attacks and + hostile information collection activities. + (c) Nature of Cyber Protection Support.--Subject to the +availability of resources, the cyber protection support provided to +personnel under subsection (b) may include training, advice, +assistance, and other services relating to cyber attacks and hostile +information collection activities. + (d) Limitation on Support.--Nothing in this section shall be +construed-- + (1) to encourage personnel of the intelligence community to + use personal technology devices for official business; or + (2) to authorize cyber protection support for senior + intelligence community personnel using personal devices, + networks, and personal accounts in an official capacity. + (e) Report.--Not later than 180 days after the date of the +enactment of this Act, the Director shall submit to the congressional +intelligence committees a report on the provision of cyber protection +support under subsection (b). The report shall include-- + (1) a description of the methodology used to make the + determination under subsection (b)(2); and + (2) guidance for the use of cyber protection support and + tracking of support requests for personnel receiving cyber + protection support under subsection (b). + +SEC. 10309. MODIFICATION OF AUTHORITY RELATING TO MANAGEMENT OF SUPPLY- + CHAIN RISK. + + (a) Modification of Effective Date.--Subsection (f) of section 309 +of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law +112-87; 50 U.S.C. 3329 note) is amended by striking ``the date that is +180 days after''. + (b) Repeal of Sunset.--Such section is amended by striking +subsection (g). + (c) Reports.--Such section, as amended by subsection (b), is +further amended-- + (1) by redesignating subsection (f), as amended by + subsection (a), as subsection (g); and + (2) by inserting after subsection (e) the following: + ``(f) Annual Reports.-- + ``(1) In general.--Except as provided in paragraph (2), not + later than 180 days after the date of the enactment of the + Damon Paul Nelson and Matthew Young Pollard Intelligence + Authorization Act for Fiscal Years 2018 and 2019 and not less + frequently than once each calendar year thereafter, the + Director of National Intelligence shall, in consultation with + each head of a covered agency, submit to the congressional + intelligence committees (as defined in section 3 of the + National Security Act of 1947 (50 U.S.C. 3003)), a report that + details the determinations and notifications made under + subsection (c) during the most recently completed calendar + year. + ``(2) Initial report.--The first report submitted under + paragraph (1) shall detail all the determinations and + notifications made under subsection (c) before the date of the + submittal of the report.''. + +SEC. 10310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN SECURITY + CLASSIFICATIONS. + + (a) Prohibition.--An officer of an element of the intelligence +community who has been nominated by the President for a position that +requires the advice and consent of the Senate may not make a +classification decision with respect to information related to such +officer's nomination. + (b) Classification Determinations.-- + (1) In general.--Except as provided in paragraph (2), in a + case in which an officer described in subsection (a) has been + nominated as described in such subsection and classification + authority rests with the officer or another officer who reports + directly to such officer, a classification decision with + respect to information relating to the officer shall be made by + the Director of National Intelligence. + (2) Nominations of director of national intelligence.--In a + case described in paragraph (1) in which the officer nominated + is the Director of National Intelligence, the classification + decision shall be made by the Principal Deputy Director of + National Intelligence. + (c) Reports.--Whenever the Director or the Principal Deputy +Director makes a decision under subsection (b), the Director or the +Principal Deputy Director, as the case may be, shall submit to the +congressional intelligence committees a report detailing the reasons +for the decision. + +SEC. 10311. JOINT INTELLIGENCE COMMUNITY COUNCIL. + + (a) Meetings.--Section 101A(d) of the National Security Act of 1947 +(50 U.S.C. 3022(d)) is amended-- + (1) by striking ``regular''; and + (2) by inserting ``as the Director considers appropriate'' + after ``Council''. + (b) Report on Function and Utility of the Joint Intelligence +Community Council.-- + (1) In general.--No later than 180 days after the date of + the enactment of this Act, the Director of National + Intelligence, in coordination with the Executive Office of the + President and members of the Joint Intelligence Community + Council, shall submit to the congressional intelligence + committees a report on the function and utility of the Joint + Intelligence Community Council. + (2) Contents.--The report required by paragraph (1) shall + include the following: + (A) The number of physical or virtual meetings held + by the Council per year since the Council's inception. + (B) A description of the effect and accomplishments + of the Council. + (C) An explanation of the unique role of the + Council relative to other entities, including with + respect to the National Security Council and the + Executive Committee of the intelligence community. + (D) Recommendations for the future role and + operation of the Council. + (E) Such other matters relating to the function and + utility of the Council as the Director considers + appropriate. + (3) Form.--The report submitted under paragraph (1) shall + be submitted in unclassified form, but may include a classified + annex. + +SEC. 10312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT. + + (a) Definitions.--In this section: + (1) Core service.--The term ``core service'' means a + capability that is available to multiple elements of the + intelligence community and required for consistent operation of + the intelligence community information technology environment. + (2) Intelligence community information technology + environment.--The term ``intelligence community information + technology environment'' means all of the information + technology services across the intelligence community, + including the data sharing and protection environment across + multiple classification domains. + (b) Roles and Responsibilities.-- + (1) Director of national intelligence.--The Director of + National Intelligence shall be responsible for coordinating the + performance by elements of the intelligence community of the + intelligence community information technology environment, + including each of the following: + (A) Ensuring compliance with all applicable + environment rules and regulations of such environment. + (B) Ensuring measurable performance goals exist for + such environment. + (C) Documenting standards and practices of such + environment. + (D) Acting as an arbiter among elements of the + intelligence community related to any disagreements + arising out of the implementation of such environment. + (E) Delegating responsibilities to the elements of + the intelligence community and carrying out such other + responsibilities as are necessary for the effective + implementation of such environment. + (2) Core service providers.--Providers of core services + shall be responsible for-- + (A) providing core services, in coordination with + the Director of National Intelligence; and + (B) providing the Director with information + requested and required to fulfill the responsibilities + of the Director under paragraph (1). + (3) Use of core services.-- + (A) In general.--Except as provided in subparagraph + (B), each element of the intelligence community shall + use core services when such services are available. + (B) Exception.--The Director of National + Intelligence may provide for a written exception to the + requirement under subparagraph (A) if the Director + determines there is a compelling financial or mission + need for such exception. + (c) Management Accountability.--Not later than 90 days after the +date of the enactment of this Act, the Director of National +Intelligence shall designate and maintain one or more accountable +executives of the intelligence community information technology +environment to be responsible for-- + (1) management, financial control, and integration of such + environment; + (2) overseeing the performance of each core service, + including establishing measurable service requirements and + schedules; + (3) to the degree feasible, ensuring testing of each core + service of such environment, including testing by the intended + users, to evaluate performance against measurable service + requirements and to ensure the capability meets user + requirements; and + (4) coordinate transition or restructuring efforts of such + environment, including phaseout of legacy systems. + (d) Security Plan.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence shall +develop and maintain a security plan for the intelligence community +information technology environment. + (e) Long-term Roadmap.--Not later than 180 days after the date of +the enactment of this Act, and during each of the second and fourth +fiscal quarters thereafter, the Director of National Intelligence shall +submit to the congressional intelligence committees a long-term roadmap +that shall include each of the following: + (1) A description of the minimum required and desired core + service requirements, including-- + (A) key performance parameters; and + (B) an assessment of current, measured performance. + (2) implementation milestones for the intelligence + community information technology environment, including each of + the following: + (A) A schedule for expected deliveries of core + service capabilities during each of the following + phases: + (i) Concept refinement and technology + maturity demonstration. + (ii) Development, integration, and + demonstration. + (iii) Production, deployment, and + sustainment. + (iv) System retirement. + (B) Dependencies of such core service capabilities. + (C) Plans for the transition or restructuring + necessary to incorporate core service capabilities. + (D) A description of any legacy systems and + discontinued capabilities to be phased out. + (3) Such other matters as the Director determines + appropriate. + (f) Business Plan.--Not later than 180 days after the date of the +enactment of this Act, and during each of the second and fourth fiscal +quarters thereafter, the Director of National Intelligence shall submit +to the congressional intelligence committees a business plan that +includes each of the following: + (1) A systematic approach to identify core service funding + requests for the intelligence community information technology + environment within the proposed budget, including multiyear + plans to implement the long-term roadmap required by subsection + (e). + (2) A uniform approach by which each element of the + intelligence community shall identify the cost of legacy + information technology or alternative capabilities where + services of the intelligence community information technology + environment will also be available. + (3) A uniform effort by which each element of the + intelligence community shall identify transition and + restructuring costs for new, existing, and retiring services of + the intelligence community information technology environment, + as well as services of such environment that have changed + designations as a core service. + (g) Quarterly Presentations.--Beginning not later than 180 days +after the date of the enactment of this Act, the Director of National +Intelligence shall provide to the congressional intelligence committees +quarterly updates regarding ongoing implementation of the intelligence +community information technology environment as compared to the +requirements in the most recently submitted security plan required by +subsection (d), long-term roadmap required by subsection (e), and +business plan required by subsection (f). + (h) Additional Notifications.--The Director of National +Intelligence shall provide timely notification to the congressional +intelligence committees regarding any policy changes related to or +affecting the intelligence community information technology +environment, new initiatives or strategies related to or impacting such +environment, and changes or deficiencies in the execution of the +security plan required by subsection (d), long-term roadmap required by +subsection (e), and business plan required by subsection (f) + (i) Sunset.--The section shall have no effect on or after September +30, 2024. + +SEC. 10313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE SOLUTION FOR + INTELLIGENCE COMMUNITY. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence, in +coordination with the Director of the Central Intelligence Agency and +the Director of the National Security Agency, shall submit to the +congressional intelligence committees a classified report on the +feasibility, desirability, cost, and required schedule associated with +the implementation of a secure mobile voice solution for the +intelligence community. + (b) Contents.--The report required by subsection (a) shall include, +at a minimum, the following: + (1) The benefits and disadvantages of a secure mobile voice + solution. + (2) Whether the intelligence community could leverage + commercially available technology for classified voice + communications that operates on commercial mobile networks in a + secure manner and identifying the accompanying security risks + to such networks. + (3) A description of any policies or community guidance + that would be necessary to govern the potential solution, such + as a process for determining the appropriate use of a secure + mobile telephone and any limitations associated with such use. + +SEC. 10314. POLICY ON MINIMUM INSIDER THREAT STANDARDS. + + (a) Policy Required.--Not later than 60 days after the date of the +enactment of this Act, the Director of National Intelligence shall +establish a policy for minimum insider threat standards that is +consistent with the National Insider Threat Policy and Minimum +Standards for Executive Branch Insider Threat Programs. + (b) Implementation.--Not later than 180 days after the date of the +enactment of this Act, the head of each element of the intelligence +community shall implement the policy established under subsection (a). + +SEC. 10315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES. + + (a) Definitions.--In this section: + (1) Electronic repository.--The term ``electronic + repository'' means the electronic distribution mechanism, in + use as of the date of the enactment of this Act, or any + successor electronic distribution mechanism, by which the + Director of National Intelligence submits to the congressional + intelligence committees information. + (2) Policy.--The term ``policy'', with respect to the + intelligence community, includes unclassified or classified-- + (A) directives, policy guidance, and policy + memoranda of the intelligence community; + (B) executive correspondence of the Director of + National Intelligence; and + (C) any equivalent successor policy instruments. + (b) Submission of Policies.-- + (1) Current policy.--Not later than 180 days after the date + of the enactment of this Act, the Director of National + Intelligence shall submit to the congressional intelligence + committees using the electronic repository all nonpublicly + available policies issued by the Director of National + Intelligence for the intelligence community that are in effect + as of the date of the submission. + (2) Continuous updates.--Not later than 15 days after the + date on which the Director of National Intelligence issues, + modifies, or rescinds a policy of the intelligence community, + the Director shall-- + (A) notify the congressional intelligence + committees of such addition, modification, or removal; + and + (B) update the electronic repository with respect + to such addition, modification, or removal. + +SEC. 10316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT EFFORTS. + + In order to further increase the diversity of the intelligence +community workforce, not later than 90 days after the date of the +enactment of this Act, the Director of National Intelligence, in +consultation with heads of elements of the Intelligence Community, +shall create, implement, and submit to the congressional intelligence +committees a written plan to ensure that rural and underrepresented +regions are more fully and consistently represented in such elements' +employment recruitment efforts. Upon receipt of the plan, the +congressional committees shall have 60 days to submit comments to the +Director of National Intelligence before such plan shall be +implemented. + + TITLE CIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY + + Subtitle A--Office of the Director of National Intelligence + +SEC. 10401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF + THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. + + Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 +U.S.C. 3506(a)(4)) is amended by striking ``such personnel of the +Office of the Director of National Intelligence as the Director of +National Intelligence may designate;'' and inserting ``current and +former personnel of the Office of the Director of National Intelligence +and their immediate families as the Director of National Intelligence +may designate;''. + +SEC. 10402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION SHARING + ENVIRONMENT. + + (a) Information Sharing Environment.--Section 1016(b) of the +Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. +485(b)) is amended-- + (1) in paragraph (1), by striking ``President'' and + inserting ``Director of National Intelligence''; and + (2) in paragraph (2), by striking ``President'' both places + that term appears and inserting ``Director of National + Intelligence''. + (b) Program Manager.--Section 1016(f)(1) of the Intelligence Reform +and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by +striking ``The individual designated as the program manager shall serve +as program manager until removed from service or replaced by the +President (at the President's sole discretion).'' and inserting +``Beginning on the date of the enactment of the Damon Paul Nelson and +Matthew Young Pollard Intelligence Authorization Act for Fiscal Years +2018 and 2019, each individual designated as the program manager shall +be appointed by the Director of National Intelligence.''. + +SEC. 10403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE. + + Section 5315 of title 5, United States Code, is amended by adding +at the end the following: + ``Director of the National Counterintelligence and Security +Center.''. + +SEC. 10404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY. + + Section 103I(a) of the National Security Act of 1947 (50 U.S.C. +3034(a)) is amended by adding at the end the following new sentence: +``The Chief Financial Officer shall report directly to the Director of +National Intelligence.''. + +SEC. 10405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY. + + Section 103G(a) of the National Security Act of 1947 (50 U.S.C. +3032(a)) is amended by adding at the end the following new sentence: +``The Chief Information Officer shall report directly to the Director +of National Intelligence.''. + + Subtitle B--Central Intelligence Agency + +SEC. 10411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR PERSONNEL + ASSIGNED TO AUSTERE LOCATIONS. + + Subsection (a) of section 5 of the Central Intelligence Agency Act +of 1949 (50 U.S.C. 3506) is amended-- + (1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,'' + and inserting ``(50 U.S.C. 403-4a),''; + (2) in paragraph (6), by striking ``and'' at the end; + (3) in paragraph (7), by striking the period at the end and + inserting ``; and''; and + (4) by adding at the end the following new paragraph (8): + ``(8) Upon the approval of the Director, provide, during + any fiscal year, with or without reimbursement, subsistence to + any personnel assigned to an overseas location designated by + the Agency as an austere location.''. + +SEC. 10412. EXPANSION OF SECURITY PROTECTIVE SERVICE JURISDICTION OF + THE CENTRAL INTELLIGENCE AGENCY. + + Subsection (a) of section 15 of the Central Intelligence Act of +1949 (50 U.S.C. 3515(a)) is amended-- + (1) in the subsection heading, by striking ``Policemen'' + and inserting ``Police Officers''; and + (2) in paragraph (1)-- + (A) in subparagraph (B), by striking ``500 feet;'' + and inserting ``500 yards;''; and + (B) in subparagraph (D), by striking ``500 feet.'' + and inserting ``500 yards.''. + +SEC. 10413. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR + CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL + INTELLIGENCE AGENCY. + + (a) Repeal of Foreign Language Proficiency Requirement.--Section +104A of the National Security Act of 1947 (50 U.S.C. 3036) is amended +by striking subsection (g). + (b) Conforming Repeal of Report Requirement.--Section 611 of the +Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108- +487) is amended by striking subsection (c). + + Subtitle C--Office of Intelligence and Counterintelligence of + Department of Energy + +SEC. 10421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF + INTELLIGENCE AND COUNTERINTELLIGENCE. + + (a) In General.--Section 215 of the Department of Energy +Organization Act (42 U.S.C. 7144b) is amended to read as follows: + + ``office of intelligence and counterintelligence + + ``Sec. 215. (a) Definitions.--In this section, the terms +`intelligence community' and `National Intelligence Program' have the +meanings given such terms in section 3 of the National Security Act of +1947 (50 U.S.C. 3003). + ``(b) In General.--There is in the Department an Office of +Intelligence and Counterintelligence. Such office shall be under the +National Intelligence Program. + ``(c) Director.--(1) The head of the Office shall be the Director +of the Office of Intelligence and Counterintelligence, who shall be an +employee in the Senior Executive Service, the Senior Intelligence +Service, the Senior National Intelligence Service, or any other Service +that the Secretary, in coordination with the Director of National +Intelligence, considers appropriate. The Director of the Office shall +report directly to the Secretary. + ``(2) The Secretary shall select an individual to serve as the +Director from among individuals who have substantial expertise in +matters relating to the intelligence community, including foreign +intelligence and counterintelligence. + ``(d) Duties.--(1) Subject to the authority, direction, and control +of the Secretary, the Director shall perform such duties and exercise +such powers as the Secretary may prescribe. + ``(2) The Director shall be responsible for establishing policy for +intelligence and counterintelligence programs and activities at the +Department.''. + (b) Conforming Repeal.--Section 216 of the Department of Energy +Organization Act (42 U.S.C. 7144c) is hereby repealed. + (c) Clerical Amendment.--The table of contents at the beginning of +the Department of Energy Organization Act is amended by striking the +items relating to sections 215 and 216 and inserting the following new +item: + +``215. Office of Intelligence and Counterintelligence.''. + +SEC. 10422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE EXECUTIVE + COMMITTEE AND BUDGET REPORTING REQUIREMENT. + + Section 214 of the Department of Energy Organization Act (42 U.S.C. +7144a) is amended-- + (1) by striking ``(a) Duty of Secretary.--''; and + (2) by striking subsections (b) and (c). + + Subtitle D--Other Elements + +SEC. 10431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE COMPONENT OF + DEFENSE SECURITY SERVICE AS AN ELEMENT OF INTELLIGENCE + COMMUNITY. + + Not later than 90 days after the date of the enactment of this Act, +the Director of National Intelligence and Under Secretary of Defense +for Intelligence, in coordination with the Director of the National +Counterintelligence and Security Center, shall submit to the +congressional intelligence committees, the Committee on Armed Services +of the Senate, and the Committee on Armed Services of the House of +Representatives a plan to designate the counterintelligence component +of the Defense Security Service of the Department of Defense as an +element of the intelligence community by not later than January 1, +2019. Such plan shall-- + (1) address the implications of such designation on the + authorities, governance, personnel, resources, information + technology, collection, analytic products, information sharing, + and business processes of the Defense Security Service and the + intelligence community; and + (2) not address the personnel security functions of the + Defense Security Service. + +SEC. 10432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES. + + Section 3553 of title 44, United States Code, is amended-- + (1) by redesignating subsection (j) as subsection (k); and + (2) by inserting after subsection (i) the following: + ``(j) Rule of Construction.--Nothing in this section shall be +construed to require the Secretary to provide notice to any private +entity before the Secretary issues a binding operational directive +under subsection (b)(2).''. + +SEC. 10433. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF DEFENSE + INTELLIGENCE AGENCY. + + (a) In General.--The Director of National Intelligence and the +Secretary of Defense shall jointly establish a framework to ensure the +appropriate balance of resources for the roles, missions, and functions +of the Defense Intelligence Agency in its capacity as an element of the +intelligence community and as a combat support agency. The framework +shall include supporting processes to provide for the consistent and +regular reevaluation of the responsibilities and resources of the +Defense Intelligence Agency to prevent imbalanced priorities, +insufficient or misaligned resources, and the unauthorized expansion of +mission parameters. + (b) Matters for Inclusion.--The framework required under subsection +(a) shall include each of the following: + (1) A lexicon providing for consistent definitions of + relevant terms used by both the intelligence community and the + Department of Defense, including each of the following: + (A) Defense intelligence enterprise. + (B) Enterprise manager. + (C) Executive agent. + (D) Function. + (E) Functional manager. + (F) Mission. + (G) Mission manager. + (H) Responsibility. + (I) Role. + (J) Service of common concern. + (2) An assessment of the necessity of maintaining separate + designations for the intelligence community and the Department + of Defense for intelligence functional or enterprise management + constructs. + (3) A repeatable process for evaluating the addition, + transfer, or elimination of defense intelligence missions, + roles, and functions, currently performed or to be performed in + the future by the Defense Intelligence Agency, which includes + each of the following: + (A) A justification for the addition, transfer, or + elimination of a mission, role, or function. + (B) The identification of which, if any, element of + the Federal Government performs the considered mission, + role, or function. + (C) In the case of any new mission, role, or + function-- + (i) an assessment of the most appropriate + agency or element to perform such mission, + role, or function, taking into account the + resource profiles, scope of responsibilities, + primary customers, and existing infrastructure + necessary to support such mission, role, or + function; and + (ii) a determination of the appropriate + resource profile and an identification of the + projected resources needed and the proposed + source of such resources over the future-years + defense program, to be provided in writing to + any elements of the intelligence community or + the Department of Defense affected by the + assumption, transfer, or elimination of any + mission, role, or function. + (D) In the case of any mission, role, or function + proposed to be assumed, transferred, or eliminated, an + assessment, which shall be completed jointly by the + heads of each element affected by such assumption, + transfer, or elimination, of the risks that would be + assumed by the intelligence community and the + Department if such mission, role, or function is + assumed, transferred, or eliminated. + (E) A description of how determinations are made + regarding the funding of programs and activities under + the National Intelligence Program and the Military + Intelligence Program, including-- + (i) which programs or activities are funded + under each such Program; + (ii) which programs or activities should be + jointly funded under both such Programs and how + determinations are made with respect to funding + allocations for such programs and activities; + and + (iii) the thresholds and process for + changing a program or activity from being + funded under one such Program to being funded + under the other such Program. + +SEC. 10434. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE + OFFICE. + + (a) Establishment.--Section 106A of the National Security Act of +1947 (50 U.S.C. 3041a) is amended by adding at the end the following +new subsection: + ``(d) Advisory Board.-- + ``(1) Establishment.--There is established in the National + Reconnaissance Office an advisory board (in this section + referred to as the `Board'). + ``(2) Duties.--The Board shall-- + ``(A) study matters relating to the mission of the + National Reconnaissance Office, including with respect + to promoting innovation, competition, and resilience in + space, overhead reconnaissance, acquisition, and other + matters; and + ``(B) advise and report directly to the Director + with respect to such matters. + ``(3) Members.-- + ``(A) Number and appointment.-- + ``(i) In general.--The Board shall be + composed of 5 members appointed by the Director + from among individuals with demonstrated + academic, government, business, or other + expertise relevant to the mission and functions + of the National Reconnaissance Office. + ``(ii) Notification.--Not later than 30 + days after the date on which the Director + appoints a member to the Board, the Director + shall notify the congressional intelligence + committees and the congressional defense + committees (as defined in section 101(a) of + title 10, United States Code) of such + appointment. + ``(B) Terms.--Each member shall be appointed for a + term of 2 years. Except as provided by subparagraph + (C), a member may not serve more than 3 terms. + ``(C) Vacancy.--Any member appointed to fill a + vacancy occurring before the expiration of the term for + which the member's predecessor was appointed shall be + appointed only for the remainder of that term. A member + may serve after the expiration of that member's term + until a successor has taken office. + ``(D) Chair.--The Board shall have a Chair, who + shall be appointed by the Director from among the + members. + ``(E) Travel expenses.--Each member shall receive + travel expenses, including per diem in lieu of + subsistence, in accordance with applicable provisions + under subchapter I of chapter 57 of title 5, United + States Code. + ``(F) Executive secretary.--The Director may + appoint an executive secretary, who shall be an + employee of the National Reconnaissance Office, to + support the Board. + ``(4) Meetings.--The Board shall meet not less than + quarterly, but may meet more frequently at the call of the + Director. + ``(5) Reports.--Not later than March 31 of each year, the + Board shall submit to the Director and to the congressional + intelligence committees a report on the activities and + significant findings of the Board during the preceding year. + ``(6) Nonapplicability of certain requirements.--The + Federal Advisory Committee Act (5 U.S.C. App.) shall not apply + to the Board. + ``(7) Termination.--The Board shall terminate on the date + that is 3 years after the date of the first meeting of the + Board.''. + (b) Initial Appointments.--Not later than 180 days after the date +of the enactment of this Act, the Director of the National +Reconnaissance Office shall appoint the initial 5 members to the +advisory board under subsection (d) of section 106A of the National +Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a). + +SEC. 10435. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY + PERSONNEL AT FIELD LOCATIONS. + + (a) Identification of Opportunities for Collocation.--Not later +than 60 days after the date of the enactment of this Act, the Under +Secretary of Homeland Security for Intelligence and Analysis shall +identify, in consultation with the Commissioner of U.S. Customs and +Border Protection, the Administrator of the Transportation Security +Administration, the Director of U.S. Immigration and Customs +Enforcement, and the heads of such other elements of the Department of +Homeland Security as the Under Secretary considers appropriate, +opportunities for collocation of officers of the Office of Intelligence +and Analysis in the field outside of the greater Washington, District +of Columbia, area in order to support operational units from U.S. +Customs and Border Protection, the Transportation Security +Administration, U.S. Immigration and Customs Enforcement, and other +elements of the Department of Homeland Security. + (b) Plan for Collocation.--Not later than 120 days after the date +of the enactment of this Act, the Under Secretary shall submit to the +congressional intelligence committees a report that includes a plan for +collocation as described in subsection (a). + + TITLE CV--ELECTION MATTERS + +SEC. 10501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST + UNITED STATES ELECTION INFRASTRUCTURE. + + (a) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security and + Governmental Affairs of the Senate; + (C) the Committee on Homeland Security of the House + of Representatives; + (D) the Committee on Foreign Relations of the + Senate; and + (E) the Committee on Foreign Affairs of the House + of Representatives. + (2) Congressional leadership.--The term ``congressional + leadership'' includes the following: + (A) The majority leader of the Senate. + (B) The minority leader of the Senate. + (C) The Speaker of the House of Representatives. + (D) The minority leader of the House of + Representatives. + (3) State.--The term ``State'' means any State of the + United States, the District of Columbia, the Commonwealth of + Puerto Rico, and any territory or possession of the United + States. + (b) Report Required.--Not later than 60 days after the date of the +enactment of this Act, the Under Secretary of Homeland Security for +Intelligence and Analysis shall submit to congressional leadership and +the appropriate congressional committees a report on cyber attacks and +attempted cyber attacks by foreign governments on United States +election infrastructure in States and localities in connection with the +2016 Presidential election in the United States and such cyber attacks +or attempted cyber attacks as the Under Secretary anticipates against +such infrastructure. Such report shall identify the States and +localities affected and shall include cyber attacks and attempted cyber +attacks against voter registration databases, voting machines, voting- +related computer networks, and the networks of Secretaries of State and +other election officials of the various States. + (c) Form.--The report submitted under subsection (b) shall be +submitted in unclassified form, but may include a classified annex. + +SEC. 10502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT + AGAINST AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE THE + PRESIDENTIAL ELECTION. + + (a) Review Required.--Not later than 1 year after the date of the +enactment of this Act, the Director of National Intelligence shall-- + (1) complete an after action review of the posture of the + intelligence community to collect against and analyze efforts + of the Government of Russia to interfere in the 2016 + Presidential election in the United States; and + (2) submit to the congressional intelligence committees a + report on the findings of the Director with respect to such + review. + (b) Elements.--The review required by subsection (a) shall include, +with respect to the posture and efforts described in paragraph (1) of +such subsection, the following: + (1) An assessment of whether the resources of the + intelligence community were properly aligned to detect and + respond to the efforts described in subsection (a)(1). + (2) An assessment of the information sharing that occurred + within elements of the intelligence community. + (3) An assessment of the information sharing that occurred + between elements of the intelligence community. + (4) An assessment of applicable authorities necessary to + collect on any such efforts and any deficiencies in those + authorities. + (5) A review of the use of open source material to inform + analysis and warning of such efforts. + (6) A review of the use of alternative and predictive + analysis. + (c) Form of Report.--The report required by subsection (a)(2) shall +be submitted to the congressional intelligence committees in a +classified form. + +SEC. 10503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL + ELECTIONS. + + (a) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security and + Governmental Affairs of the Senate; and + (C) the Committee on Homeland Security of the House + of Representatives. + (2) Congressional leadership.--The term ``congressional + leadership'' includes the following: + (A) The majority leader of the Senate. + (B) The minority leader of the Senate. + (C) The Speaker of the House of Representatives. + (D) The minority leader of the House of + Representatives. + (3) Security vulnerability.--The term ``security + vulnerability'' has the meaning given such term in section 102 + of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. + 1501). + (b) In General.--The Director of National Intelligence, in +coordination with the Director of the Central Intelligence Agency, the +Director of the National Security Agency, the Director of the Federal +Bureau of Investigation, the Secretary of Homeland Security, and the +heads of other relevant elements of the intelligence community, shall-- + (1) commence not later than 1 year before any regularly + scheduled Federal election occurring after December 31, 2018, + and complete not later than 180 days before such election, an + assessment of security vulnerabilities of State election + systems; and + (2) not later than 180 days before any regularly scheduled + Federal election occurring after December 31, 2018, submit a + report on such security vulnerabilities and an assessment of + foreign intelligence threats to the election to-- + (A) congressional leadership; and + (B) the appropriate congressional committees. + (c) Update.--Not later than 90 days before any regularly scheduled +Federal election occurring after December 31, 2018, the Director of +National Intelligence shall-- + (1) update the assessment of foreign intelligence threats + to that election; and + (2) submit the updated assessment to-- + (A) congressional leadership; and + (B) the appropriate congressional committees. + +SEC. 10504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED + STATES ELECTIONS. + + (a) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means the following: + (1) The congressional intelligence committees. + (2) The Committee on Armed Services and the Committee on + Homeland Security and Governmental Affairs of the Senate. + (3) The Committee on Armed Services and the Committee on + Homeland Security of the House of Representatives. + (4) The Committee on Foreign Relations of the Senate. + (5) The Committee on Foreign Affairs of the House of + Representatives. + (b) Requirement for a Strategy.--Not later than 90 days after the +date of the enactment of this Act, the Director of National +Intelligence, in coordination with the Secretary of Homeland Security, +the Director of the Federal Bureau of Investigation, the Director of +the Central Intelligence Agency, the Secretary of State, the Secretary +of Defense, and the Secretary of the Treasury, shall develop a whole- +of-government strategy for countering the threat of Russian cyber +attacks and attempted cyber attacks against electoral systems and +processes in the United States, including Federal, State, and local +election systems, voter registration databases, voting tabulation +equipment, and equipment and processes for the secure transmission of +election results. + (c) Elements of the Strategy.--The strategy required by subsection +(b) shall include the following elements: + (1) A whole-of-government approach to protecting United + States electoral systems and processes that includes the + agencies and departments indicated in subsection (b) as well as + any other agencies and departments of the United States, as + determined appropriate by the Director of National Intelligence + and the Secretary of Homeland Security. + (2) Input solicited from Secretaries of State of the + various States and the chief election officials of the States. + (3) Technical security measures, including auditable paper + trails for voting machines, securing wireless and Internet + connections, and other technical safeguards. + (4) Detection of cyber threats, including attacks and + attempted attacks by Russian government or nongovernment cyber + threat actors. + (5) Improvements in the identification and attribution of + Russian government or nongovernment cyber threat actors. + (6) Deterrence, including actions and measures that could + or should be undertaken against or communicated to the + Government of Russia or other entities to deter attacks + against, or interference with, United States election systems + and processes. + (7) Improvements in Federal Government communications with + State and local election officials. + (8) Public education and communication efforts. + (9) Benchmarks and milestones to enable the measurement of + concrete steps taken and progress made in the implementation of + the strategy. + (d) Congressional Briefing.--Not later than 90 days after the date +of the enactment of this Act, the Director of National Intelligence and +the Secretary of Homeland Security shall jointly brief the appropriate +congressional committees on the strategy developed under subsection +(b). + +SEC. 10505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS + DIRECTED AT FOREIGN ELECTIONS AND REFERENDA. + + (a) Russian Influence Campaign Defined.--In this section, the term +``Russian influence campaign'' means any effort, covert or overt, and +by any means, attributable to the Russian Federation directed at an +election, referendum, or similar process in a country other than the +Russian Federation or the United States. + (b) Assessment Required.--Not later than 60 days after the date of +the enactment of this Act, the Director of National Intelligence shall +submit to the congressional intelligence committees a report containing +an analytical assessment of the most significant Russian influence +campaigns, if any, conducted during the 3-year period preceding the +date of the enactment of this Act, as well as the most significant +current or planned such Russian influence campaigns, if any. Such +assessment shall include-- + (1) a summary of such significant Russian influence + campaigns, including, at a minimum, the specific means by which + such campaigns were conducted, are being conducted, or likely + will be conducted, as appropriate, and the specific goal of + each such campaign; + (2) a summary of any defenses against or responses to such + Russian influence campaigns by the foreign state holding the + elections or referenda; + (3) a summary of any relevant activities by elements of the + intelligence community undertaken for the purpose of assisting + the government of such foreign state in defending against or + responding to such Russian influence campaigns; and + (4) an assessment of the effectiveness of such defenses and + responses described in paragraphs (2) and (3). + (c) Form.--The report required by subsection (b) may be submitted +in classified form, but if so submitted, shall contain an unclassified +summary. + +SEC. 10506. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY THREATS TO + FEDERAL ELECTION CAMPAIGNS. + + (a) Reports Required.-- + (1) In general.--As provided in paragraph (2), for each + Federal election, the Director of National Intelligence, in + coordination with the Under Secretary of Homeland Security for + Intelligence and Analysis and the Director of the Federal + Bureau of Investigation, shall make publicly available on an + Internet website an advisory report on foreign + counterintelligence and cybersecurity threats to election + campaigns for Federal offices. Each such report shall include, + consistent with the protection of sources and methods, each of + the following: + (A) A description of foreign counterintelligence + and cybersecurity threats to election campaigns for + Federal offices. + (B) A summary of best practices that election + campaigns for Federal offices can employ in seeking to + counter such threats. + (C) An identification of any publicly available + resources, including United States Government + resources, for countering such threats. + (2) Schedule for submittal.--A report under this subsection + shall be made available as follows: + (A) In the case of a report regarding an election + held for the office of Senator or Member of the House + of Representatives during 2018, not later than the date + that is 60 days after the date of the enactment of this + Act. + (B) In the case of a report regarding an election + for a Federal office during any subsequent year, not + later than the date that is 1 year before the date of + the election. + (3) Information to be included.--A report under this + subsection shall reflect the most current information available + to the Director of National Intelligence regarding foreign + counterintelligence and cybersecurity threats. + (b) Treatment of Campaigns Subject to Heightened Threats.--If the +Director of the Federal Bureau of Investigation and the Under Secretary +of Homeland Security for Intelligence and Analysis jointly determine +that an election campaign for Federal office is subject to a heightened +foreign counterintelligence or cybersecurity threat, the Director and +the Under Secretary, consistent with the protection of sources and +methods, may make available additional information to the appropriate +representatives of such campaign. + +SEC. 10507. INFORMATION SHARING WITH STATE ELECTION OFFICIALS. + + (a) State Defined.--In this section, the term ``State'' means any +State of the United States, the District of Columbia, the Commonwealth +of Puerto Rico, and any territory or possession of the United States. + (b) Security Clearances.-- + (1) In general.--Not later than 30 days after the date of + the enactment of this Act, the Director of National + Intelligence shall support the Under Secretary of Homeland + Security for Intelligence and Analysis, and any other official + of the Department of Homeland Security designated by the + Secretary of Homeland Security, in sponsoring a security + clearance up to the top secret level for each eligible chief + election official of a State or the District of Columbia, and + additional eligible designees of such election official as + appropriate, at the time that such election official assumes + such position. + (2) Interim clearances.--Consistent with applicable + policies and directives, the Director of National Intelligence + may issue interim clearances, for a period to be determined by + the Director, to a chief election official as described in + paragraph (1) and up to 1 designee of such official under such + paragraph. + (c) Information Sharing.-- + (1) In general.--The Director of National Intelligence + shall assist the Under Secretary of Homeland Security for + Intelligence and Analysis and the Under Secretary responsible + for overseeing critical infrastructure protection, + cybersecurity, and other related programs of the Department (as + specified in section 103(a)(1)(H) of the Homeland Security Act + of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any appropriate + classified information related to threats to election systems + and to the integrity of the election process with chief + election officials and such designees who have received a + security clearance under subsection (b). + (2) Coordination.--The Under Secretary of Homeland Security + for Intelligence and Analysis shall coordinate with the + Director of National Intelligence and the Under Secretary + responsible for overseeing critical infrastructure protection, + cybersecurity, and other related programs of the Department (as + specified in section 103(a)(1)(H) of the Homeland Security Act + of 2002 (6 U.S.C. 113(a)(1)(H))) to facilitate the sharing of + information to the affected Secretaries of State or States. + +SEC. 10508. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND + ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR + FEDERAL OFFICES. + + (a) Definitions.--In this section: + (1) Active measures campaign.--The term ``active measures + campaign'' means a foreign semi-covert or covert intelligence + operation. + (2) Candidate, election, and political party.--The terms + ``candidate'', ``election'', and ``political party'' have the + meanings given those terms in section 301 of the Federal + Election Campaign Act of 1971 (52 U.S.C. 30101). + (3) Congressional leadership.--The term ``congressional + leadership'' includes the following: + (A) The majority leader of the Senate. + (B) The minority leader of the Senate. + (C) The Speaker of the House of Representatives. + (D) The minority leader of the House of + Representatives. + (4) Cyber intrusion.--The term ``cyber intrusion'' means an + electronic occurrence that actually or imminently jeopardizes, + without lawful authority, electronic election infrastructure, + or the integrity, confidentiality, or availability of + information within such infrastructure. + (5) Electronic election infrastructure.--The term + ``electronic election infrastructure'' means an electronic + information system of any of the following that is related to + an election for Federal office: + (A) The Federal Government. + (B) A State or local government. + (C) A political party. + (D) The election campaign of a candidate. + (6) Federal office.--The term ``Federal office'' has the + meaning given that term in section 301 of the Federal Election + Campaign Act of 1971 (52 U.S.C. 30101). + (7) High confidence.--The term ``high confidence'', with + respect to a determination, means that the determination is + based on high-quality information from multiple sources. + (8) Moderate confidence.--The term ``moderate confidence'', + with respect to a determination, means that a determination is + credibly sourced and plausible but not of sufficient quality or + corroborated sufficiently to warrant a higher level of + confidence. + (9) Other appropriate congressional committees.--The term + ``other appropriate congressional committees'' means-- + (A) the Committee on Armed Services, the Committee + on Homeland Security and Governmental Affairs, and the + Committee on Appropriations of the Senate; and + (B) the Committee on Armed Services, the Committee + on Homeland Security, and the Committee on + Appropriations of the House of Representatives. + (b) Determinations of Significant Foreign Cyber Intrusions and +Active Measures Campaigns.--The Director of National Intelligence, the +Director of the Federal Bureau of Investigation, and the Secretary of +Homeland Security shall jointly carry out subsection (c) if such +Directors and the Secretary jointly determine-- + (1) that on or after the date of the enactment of this Act, + a significant foreign cyber intrusion or active measures + campaign intended to influence an upcoming election for any + Federal office has occurred or is occurring; and + (2) with moderate or high confidence, that such intrusion + or campaign can be attributed to a foreign state or to a + foreign nonstate person, group, or other entity. + (c) Briefing.-- + (1) In general.--Not later than 14 days after making a + determination under subsection (b), the Director of National + Intelligence, the Director of the Federal Bureau of + Investigation, and the Secretary of Homeland Security shall + jointly provide a briefing to the congressional leadership, the + congressional intelligence committees and, consistent with the + protection of sources and methods, the other appropriate + congressional committees. The briefing shall be classified and + address, at a minimum, the following: + (A) A description of the significant foreign cyber + intrusion or active measures campaign, as the case may + be, covered by the determination. + (B) An identification of the foreign state or + foreign nonstate person, group, or other entity, to + which such intrusion or campaign has been attributed. + (C) The desirability and feasibility of the public + release of information about the cyber intrusion or + active measures campaign. + (D) Any other information such Directors and the + Secretary jointly determine appropriate. + (2) Electronic election infrastructure briefings.--With + respect to a significant foreign cyber intrusion covered by a + determination under subsection (b), the Secretary of Homeland + Security, in consultation with the Director of National + Intelligence and the Director of the Federal Bureau of + Investigation, shall offer to the owner or operator of any + electronic election infrastructure directly affected by such + intrusion, a briefing on such intrusion, including steps that + may be taken to mitigate such intrusion. Such briefing may be + classified and made available only to individuals with + appropriate security clearances. + (3) Protection of sources and methods.--This subsection + shall be carried out in a manner that is consistent with the + protection of sources and methods. + +SEC. 10509. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION + SECURITY MATTERS. + + (a) In General.--The Director of National Intelligence shall +designate a national counterintelligence officer within the National +Counterintelligence and Security Center to lead, manage, and coordinate +counterintelligence matters relating to election security. + (b) Additional Responsibilities.--The person designated under +subsection (a) shall also lead, manage, and coordinate +counterintelligence matters relating to risks posed by interference +from foreign powers (as defined in section 101 of the Foreign +Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)) to the +following: + (1) The Federal Government election security supply chain. + (2) Election voting systems and software. + (3) Voter registration databases. + (4) Critical infrastructure related to elections. + (5) Such other Government goods and services as the + Director of National Intelligence considers appropriate. + + TITLE CVI--SECURITY CLEARANCES + +SEC. 10601. DEFINITIONS. + + In this title: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Armed Services of the Senate; + (C) the Committee on Appropriations of the Senate; + (D) the Committee on Homeland Security and + Governmental Affairs of the Senate; + (E) the Committee on Armed Services of the House of + Representatives; + (F) the Committee on Appropriations of the House of + Representatives; + (G) the Committee on Homeland Security of the House + of Representatives; and + (H) the Committee on Oversight and Reform of the + House of Representatives. + (2) Appropriate industry partners.--The term ``appropriate + industry partner'' means a contractor, licensee, or grantee (as + defined in section 101(a) of Executive Order 12829 (50 U.S.C. + 3161 note; relating to National Industrial Security Program)) + that is participating in the National Industrial Security + Program established by such Executive Order. + (3) Continuous vetting.--The term ``continuous vetting'' + has the meaning given such term in Executive Order 13467 (50 + U.S.C. 3161 note; relating to reforming processes related to + suitability for government employment, fitness for contractor + employees, and eligibility for access to classified national + security information). + (4) Council.--The term ``Council'' means the Security, + Suitability, and Credentialing Performance Accountability + Council established pursuant to such Executive Order, or any + successor entity. + (5) Security executive agent.--The term ``Security + Executive Agent'' means the officer serving as the Security + Executive Agent pursuant to section 803 of the National + Security Act of 1947, as added by section 10605. + (6) Suitability and credentialing executive agent.--The + term ``Suitability and Credentialing Executive Agent'' means + the Director of the Office of Personnel Management acting as + the Suitability and Credentialing Executive Agent in accordance + with Executive Order 13467 (50 U.S.C. 3161 note; relating to + reforming processes related to suitability for government + employment, fitness for contractor employees, and eligibility + for access to classified national security information), or any + successor entity. + +SEC. 10602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND + BACKGROUND INVESTIGATIONS. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) ensuring the trustworthiness and security of the + workforce, facilities, and information of the Federal + Government is of the highest priority to national security and + public safety; + (2) the President and Congress should prioritize the + modernization of the personnel security framework to improve + its efficiency, effectiveness, and accountability; + (3) the current system for security clearance, suitability + and fitness for employment, and credentialing lacks + efficiencies and capabilities to meet the current threat + environment, recruit and retain a trusted workforce, and + capitalize on modern technologies; and + (4) changes to policies or processes to improve this system + should be vetted through the Council to ensure standardization, + portability, and reciprocity in security clearances across the + Federal Government. + (b) Accountability Plans and Reports.-- + (1) Plans.--Not later than 90 days after the date of the + enactment of this Act, the Council shall submit to the + appropriate congressional committees and make available to + appropriate industry partners the following: + (A) A plan, with milestones, to reduce the + background investigation inventory to 200,000, or an + otherwise sustainable steady-level, by the end of year + 2020. Such plan shall include notes of any required + changes in investigative and adjudicative standards or + resources. + (B) A plan to consolidate the conduct of background + investigations associated with the processing for + security clearances in the most effective and efficient + manner between the National Background Investigation + Bureau and the Defense Security Service, or a successor + organization. Such plan shall address required funding, + personnel, contracts, information technology, field + office structure, policy, governance, schedule, + transition costs, and effects on stakeholders. + (2) Report on the future of personnel security.-- + (A) In general.--Not later than 180 days after the + date of the enactment of this Act, the Chairman of the + Council, in coordination with the members of the + Council, shall submit to the appropriate congressional + committees and make available to appropriate industry + partners a report on the future of personnel security + to reflect changes in threats, the workforce, and + technology. + (B) Contents.--The report submitted under + subparagraph (A) shall include the following: + (i) A risk framework for granting and + renewing access to classified information. + (ii) A discussion of the use of + technologies to prevent, detect, and monitor + threats. + (iii) A discussion of efforts to address + reciprocity and portability. + (iv) A discussion of the characteristics of + effective insider threat programs. + (v) An analysis of how to integrate data + from continuous evaluation, insider threat + programs, and human resources data. + (vi) Recommendations on interagency + governance. + (3) Plan for implementation.--Not later than 180 days after + the date of the enactment of this Act, the Chairman of the + Council, in coordination with the members of the Council, shall + submit to the appropriate congressional committees and make + available to appropriate industry partners a plan to implement + the report's framework and recommendations submitted under + paragraph (2)(A). + (4) Congressional notifications.--Not less frequently than + quarterly, the Security Executive Agent shall make available to + the public a report regarding the status of the disposition of + requests received from departments and agencies of the Federal + Government for a change to, or approval under, the Federal + investigative standards, the national adjudicative guidelines, + continuous evaluation, or other national policy regarding + personnel security. + +SEC. 10603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES. + + (a) Reviews.--Not later than 180 days after the date of the +enactment of this Act, the Security Executive Agent, in coordination +with the members of the Council, shall submit to the appropriate +congressional committees and make available to appropriate industry +partners a report that includes the following: + (1) A review of whether the information requested on the + Questionnaire for National Security Positions (Standard Form + 86) and by the Federal Investigative Standards prescribed by + the Office of Personnel Management and the Office of the + Director of National Intelligence appropriately supports the + adjudicative guidelines under Security Executive Agent + Directive 4 (known as the ``National Security Adjudicative + Guidelines''). Such review shall include identification of + whether any such information currently collected is unnecessary + to support the adjudicative guidelines. + (2) An assessment of whether such Questionnaire, Standards, + and guidelines should be revised to account for the prospect of + a holder of a security clearance becoming an insider threat. + (3) Recommendations to improve the background investigation + process by-- + (A) simplifying the Questionnaire for National + Security Positions (Standard Form 86) and increasing + customer support to applicants completing such + Questionnaire; + (B) using remote techniques and centralized + locations to support or replace field investigation + work; + (C) using secure and reliable digitization of + information obtained during the clearance process; + (D) building the capacity of the background + investigation labor sector; and + (E) replacing periodic reinvestigations with + continuous evaluation techniques in all appropriate + circumstances. + (b) Policy, Strategy, and Implementation.--Not later than 180 days +after the date of the enactment of this Act, the Security Executive +Agent shall, in coordination with the members of the Council, establish +the following: + (1) A policy and implementation plan for the issuance of + interim security clearances. + (2) A policy and implementation plan to ensure contractors + are treated consistently in the security clearance process + across agencies and departments of the United States as + compared to employees of such agencies and departments. Such + policy shall address-- + (A) prioritization of processing security + clearances based on the mission the contractors will be + performing; + (B) standardization in the forms that agencies + issue to initiate the process for a security clearance; + (C) digitization of background investigation- + related forms; + (D) use of the polygraph; + (E) the application of the adjudicative guidelines + under Security Executive Agent Directive 4 (known as + the ``National Security Adjudicative Guidelines''); + (F) reciprocal recognition of clearances across + agencies and departments of the United States, + regardless of status of periodic reinvestigation; + (G) tracking of clearance files as individuals move + from employment with an agency or department of the + United States to employment in the private sector; + (H) collection of timelines for movement of + contractors across agencies and departments; + (I) reporting on security incidents and job + performance, consistent with section 552a of title 5, + United States Code (commonly known as the ``Privacy Act + of 1974''), that may affect the ability to hold a + security clearance; + (J) any recommended changes to the Federal + Acquisition Regulations (FAR) necessary to ensure that + information affecting contractor clearances or + suitability is appropriately and expeditiously shared + between and among agencies and contractors; and + (K) portability of contractor security clearances + between or among contracts at the same agency and + between or among contracts at different agencies that + require the same level of clearance. + (3) A strategy and implementation plan that-- + (A) provides for periodic reinvestigations as part + of a security clearance determination only on an as- + needed, risk-based basis; + (B) includes actions to assess the extent to which + automated records checks and other continuous + evaluation methods may be used to expedite or focus + reinvestigations; and + (C) provides an exception for certain populations + if the Security Executive Agent-- + (i) determines such populations require + reinvestigations at regular intervals; and + (ii) provides written justification to the + appropriate congressional committees for any + such determination. + (4) A policy and implementation plan for agencies and + departments of the United States, as a part of the security + clearance process, to accept automated records checks generated + pursuant to a security clearance applicant's employment with a + prior employer. + (5) A policy for the use of certain background materials on + individuals collected by the private sector for background + investigation purposes. + (6) Uniform standards for agency continuous evaluation + programs to ensure quality and reciprocity in accepting + enrollment in a continuous vetting program as a substitute for + a periodic investigation for continued access to classified + information. + +SEC. 10604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY + CLEARANCES. + + (a) Reciprocity Defined.--In this section, the term ``reciprocity'' +means reciprocal recognition by Federal departments and agencies of +eligibility for access to classified information. + (b) In General.--The Council shall reform the security clearance +process with the objective that, by December 31, 2021, 90 percent of +all determinations, other than determinations regarding populations +identified under section 10603(b)(3)(C), regarding-- + (1) security clearances-- + (A) at the secret level are issued in 30 days or + fewer; and + (B) at the top secret level are issued in 90 days + or fewer; and + (2) reciprocity of security clearances at the same level + are recognized in 2 weeks or fewer. + (c) Certain Reinvestigations.--The Council shall reform the +security clearance process with the goal that by December 31, 2021, +reinvestigation on a set periodicity is not required for more than 10 +percent of the population that holds a security clearance. + (d) Equivalent Metrics.-- + (1) In general.--If the Council develops a set of + performance metrics that it certifies to the appropriate + congressional committees should achieve substantially + equivalent outcomes as those outlined in subsections (b) and + (c), the Council may use those metrics for purposes of + compliance within this provision. + (2) Notice.--If the Council uses the authority provided by + paragraph (1) to use metrics as described in such paragraph, + the Council shall, not later than 30 days after communicating + such metrics to departments and agencies, notify the + appropriate congressional committees that it is using such + authority. + (e) Plan.--Not later than 180 days after the date of the enactment +of this Act, the Council shall submit to the appropriate congressional +committees and make available to appropriate industry partners a plan +to carry out this section. Such plan shall include recommended interim +milestones for the goals set forth in subsections (b) and (c) for 2019, +2020, and 2021. + +SEC. 10605. SECURITY EXECUTIVE AGENT. + + (a) In General.--Title VIII of the National Security Act of 1947 +(50 U.S.C. 3161 et seq.) is amended-- + (1) by redesignating sections 803 and 804 as sections 804 + and 805, respectively; and + (2) by inserting after section 802 the following: + +``SEC. 803. SECURITY EXECUTIVE AGENT. + + ``(a) In General.--The Director of National Intelligence, or such +other officer of the United States as the President may designate, +shall serve as the Security Executive Agent for all departments and +agencies of the United States. + ``(b) Duties.--The duties of the Security Executive Agent are as +follows: + ``(1) To direct the oversight of investigations, + reinvestigations, adjudications, and, as applicable, polygraphs + for eligibility for access to classified information or + eligibility to hold a sensitive position made by any Federal + agency. + ``(2) To review the national security background + investigation and adjudication programs of Federal agencies to + determine whether such programs are being implemented in + accordance with this section. + ``(3) To develop and issue uniform and consistent policies + and procedures to ensure the effective, efficient, timely, and + secure completion of investigations, polygraphs, and + adjudications relating to determinations of eligibility for + access to classified information or eligibility to hold a + sensitive position. + ``(4) Unless otherwise designated by law, to serve as the + final authority to designate a Federal agency or agencies to + conduct investigations of persons who are proposed for access + to classified information or for eligibility to hold a + sensitive position to ascertain whether such persons satisfy + the criteria for obtaining and retaining access to classified + information or eligibility to hold a sensitive position, as + applicable. + ``(5) Unless otherwise designated by law, to serve as the + final authority to designate a Federal agency or agencies to + determine eligibility for access to classified information or + eligibility to hold a sensitive position in accordance with + Executive Order 12968 (50 U.S.C. 3161 note; relating to access + to classified information). + ``(6) To ensure reciprocal recognition of eligibility for + access to classified information or eligibility to hold a + sensitive position among Federal agencies, including acting as + the final authority to arbitrate and resolve disputes among + such agencies involving the reciprocity of investigations and + adjudications of eligibility. + ``(7) To execute all other duties assigned to the Security + Executive Agent by law. + ``(c) Authorities.--The Security Executive Agent shall-- + ``(1) issue guidelines and instructions to the heads of + Federal agencies to ensure appropriate uniformity, + centralization, efficiency, effectiveness, timeliness, and + security in processes relating to determinations by such + agencies of eligibility for access to classified information or + eligibility to hold a sensitive position, including such + matters as investigations, polygraphs, adjudications, and + reciprocity; + ``(2) have the authority to grant exceptions to, or waivers + of, national security investigative requirements, including + issuing implementing or clarifying guidance, as necessary; + ``(3) have the authority to assign, in whole or in part, to + the head of any Federal agency (solely or jointly) any of the + duties of the Security Executive Agent described in subsection + (b) or the authorities described in paragraphs (1) and (2), + provided that the exercise of such assigned duties or + authorities is subject to the oversight of the Security + Executive Agent, including such terms and conditions (including + approval by the Security Executive Agent) as the Security + Executive Agent determines appropriate; and + ``(4) define and set standards for continuous evaluation + for continued access to classified information and for + eligibility to hold a sensitive position.''. + (b) Report on Recommendations for Revising Authorities.--Not later +than 30 days after the date on which the Chairman of the Council +submits to the appropriate congressional committees the report required +by section 602(b)(2)(A), the Chairman shall submit to the appropriate +congressional committees such recommendations as the Chairman may have +for revising the authorities of the Security Executive Agent. + (c) Conforming Amendment.--Section 103H(j)(4)(A) of such Act (50 +U.S.C. 3033(j)(4)(A)) is amended by striking ``in section 804'' and +inserting ``in section 805''. + (d) Clerical Amendment.--The table of contents in the matter +preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking +the items relating to sections 803 and 804 and inserting the following: + +``Sec. 803. Security Executive Agent. +``Sec. 804. Exceptions. +``Sec. 805. Definitions.''. + +SEC. 10606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR + POSITIONS OF TRUST AND SECURITY CLEARANCES. + + Not later than 90 days after the date of the enactment of this Act, +the Security Executive Agent and the Suitability and Credentialing +Executive Agent, in coordination with the other members of the Council, +shall jointly submit to the appropriate congressional committees and +make available to appropriate industry partners a report regarding the +advisability and the risks, benefits, and costs to the Government and +to industry of consolidating to not more than 3 tiers for positions of +trust and security clearances. + +SEC. 10607. REPORT ON CLEARANCE IN PERSON CONCEPT. + + (a) Sense of Congress.--It is the sense of Congress that to reflect +the greater mobility of the modern workforce, alternative methodologies +merit analysis to allow greater flexibility for individuals moving in +and out of positions that require access to classified information, +while still preserving security. + (b) Report Required.--Not later than 90 days after the date of the +enactment of this Act, the Security Executive Agent shall submit to the +appropriate congressional committees and make available to appropriate +industry partners a report that describes the requirements, +feasibility, and advisability of implementing a clearance in person +concept described in subsection (c). + (c) Clearance in Person Concept.--The clearance in person concept-- + (1) permits an individual who once held a security + clearance to maintain his or her eligibility for access to + classified information, networks, and facilities for up to 3 + years after the individual's eligibility for access to + classified information would otherwise lapse; and + (2) recognizes, unless otherwise directed by the Security + Executive Agent, an individual's security clearance and + background investigation as current, regardless of employment + status, contingent on enrollment in a continuous vetting + program. + (d) Contents.--The report required under subsection (b) shall +address-- + (1) requirements for an individual to voluntarily remain in + a continuous evaluation program validated by the Security + Executive Agent even if the individual is not in a position + requiring access to classified information; + (2) appropriate safeguards for privacy; + (3) advantages to government and industry; + (4) the costs and savings associated with implementation; + (5) the risks of such implementation, including security + and counterintelligence risks; + (6) an appropriate funding model; and + (7) fairness to small companies and independent + contractors. + +SEC. 10608. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR BACKGROUND + INVESTIGATIONS. + + (a) In General.--As part of the fiscal year 2020 budget request +submitted to Congress pursuant to section 1105(a) of title 31, United +States Code, the President shall include exhibits that identify the +resources expended by each agency during the prior fiscal year for +processing background investigations and continuous evaluation +programs, disaggregated by tier and whether the individual was a +Government employee or contractor. + (b) Contents.--Each exhibit submitted under subsection (a) shall +include details on-- + (1) the costs of background investigations or + reinvestigations; + (2) the costs associated with background investigations for + Government or contract personnel; + (3) costs associated with continuous evaluation initiatives + monitoring for each person for whom a background investigation + or reinvestigation was conducted, other than costs associated + with adjudication; + (4) the average per person cost for each type of background + investigation; and + (5) a summary of transfers and reprogrammings that were + executed in the previous year to support the processing of + security clearances. + +SEC. 10609. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF + DEPARTMENTS AND AGENCIES. + + (a) Reciprocally Recognized Defined.--In this section, the term +``reciprocally recognized'' means reciprocal recognition by Federal +departments and agencies of eligibility for access to classified +information. + (b) Reports to Security Executive Agent.--The head of each Federal +department or agency shall submit an annual report to the Security +Executive Agent that-- + (1) identifies the number of individuals whose security + clearances take more than 2 weeks to be reciprocally recognized + after such individuals move to another part of such department + or agency; and + (2) breaks out the information described in paragraph (1) + by type of clearance and the reasons for any delays. + (c) Annual Report.--Not less frequently than once each year, the +Security Executive Agent shall submit to the appropriate congressional +committees and make available to industry partners an annual report +that summarizes the information received pursuant to subsection (b) +during the period covered by such report. + +SEC. 10610. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES. + + Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) +is amended-- + (1) in subsection (a)(1)-- + (A) in subparagraph (A)(ii), by adding ``and'' at + the end; + (B) in subparagraph (B)(ii), by striking ``; and'' + and inserting a period; and + (C) by striking subparagraph (C); + (2) by redesignating subsection (b) as subsection (c); + (3) by inserting after subsection (a) the following: + ``(b) Intelligence Community Reports.--(1)(A) Not later than March +1 of each year, the Director of National Intelligence shall submit a +report to the congressional intelligence committees, the Committee on +Homeland Security and Governmental Affairs of the Senate, the Committee +on Homeland Security of the House of Representatives, and the Committee +on Oversight and Reform of the House of Representatives regarding the +security clearances processed by each element of the intelligence +community during the preceding fiscal year. + ``(B) The Director shall submit to the Committee on Armed Services +of the Senate and the Committee on Armed Services of the House of +Representatives such portions of the report submitted under +subparagraph (A) as the Director determines address elements of the +intelligence community that are within the Department of Defense. + ``(C) Each report submitted under this paragraph shall separately +identify security clearances processed for Federal employees and +contractor employees sponsored by each such element. + ``(2) Each report submitted under paragraph (1)(A) shall include, +for each element of the intelligence community for the fiscal year +covered by the report, the following: + ``(A) The total number of initial security clearance + background investigations sponsored for new applicants. + ``(B) The total number of security clearance periodic + reinvestigations sponsored for existing employees. + ``(C) The total number of initial security clearance + background investigations for new applicants that were + adjudicated with notice of a determination provided to the + prospective applicant, including-- + ``(i) the total number of such adjudications that + were adjudicated favorably and granted access to + classified information; and + ``(ii) the total number of such adjudications that + were adjudicated unfavorably and resulted in a denial + or revocation of a security clearance. + ``(D) The total number of security clearance periodic + background investigations that were adjudicated with notice of + a determination provided to the existing employee, including-- + ``(i) the total number of such adjudications that + were adjudicated favorably; and + ``(ii) the total number of such adjudications that + were adjudicated unfavorably and resulted in a denial + or revocation of a security clearance. + ``(E) The total number of pending security clearance + background investigations, including initial applicant + investigations and periodic reinvestigations, that were not + adjudicated as of the last day of such year and that remained + pending, categorized as follows: + ``(i) For 180 days or shorter. + ``(ii) For longer than 180 days, but shorter than + 12 months. + ``(iii) For 12 months or longer, but shorter than + 18 months. + ``(iv) For 18 months or longer, but shorter than 24 + months. + ``(v) For 24 months or longer. + ``(F) For any security clearance determinations completed + or pending during the year preceding the year for which the + report is submitted that have taken longer than 12 months to + complete-- + ``(i) an explanation of the causes for the delays + incurred during the period covered by the report; and + ``(ii) the number of such delays involving a + polygraph requirement. + ``(G) The percentage of security clearance investigations, + including initial and periodic reinvestigations, that resulted + in a denial or revocation of a security clearance. + ``(H) The percentage of security clearance investigations + that resulted in incomplete information. + ``(I) The percentage of security clearance investigations + that did not result in enough information to make a decision on + potentially adverse information. + ``(3) The report required under this subsection shall be submitted +in unclassified form, but may include a classified annex.''; and + (4) in subsection (c), as redesignated, by striking + ``subsection (a)(1)'' and inserting ``subsections (a)(1) and + (b)''. + +SEC. 10611. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY + THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED + INFORMATION, NETWORKS, OR FACILITIES. + + Not later than 180 days after the date of the enactment of this Act +and not less frequently than once every 5 years thereafter, the +Director of National Intelligence shall submit to the congressional +intelligence committees a report that reviews the intelligence +community for which positions can be conducted without access to +classified information, networks, or facilities, or may only require a +security clearance at the secret level. + +SEC. 10612. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST AND + SECURITY CLEARANCES. + + (a) Program Required.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Security Executive Agent and the + Suitability and Credentialing Executive Agent shall establish + and implement a program to share between and among agencies of + the Federal Government and industry partners of the Federal + Government relevant background information regarding + individuals applying for and currently occupying national + security positions and positions of trust, in order to ensure + the Federal Government maintains a trusted workforce. + (2) Designation.--The program established under paragraph + (1) shall be known as the ``Trusted Information Provider + Program'' (in this section referred to as the ``Program''). + (b) Privacy Safeguards.--The Security Executive Agent and the +Suitability and Credentialing Executive Agent shall ensure that the +Program includes such safeguards for privacy as the Security Executive +Agent and the Suitability and Credentialing Executive Agent consider +appropriate. + (c) Provision of Information to the Federal Government.--The +Program shall include requirements that enable investigative service +providers and agencies of the Federal Government to leverage certain +pre-employment information gathered during the employment or military +recruiting process, and other relevant security or human resources +information obtained during employment with or for the Federal +Government, that satisfy Federal investigative standards, while +safeguarding personnel privacy. + (d) Information and Records.--The information and records +considered under the Program shall include the following: + (1) Date and place of birth. + (2) Citizenship or immigration and naturalization + information. + (3) Education records. + (4) Employment records. + (5) Employment or social references. + (6) Military service records. + (7) State and local law enforcement checks. + (8) Criminal history checks. + (9) Financial records or information. + (10) Foreign travel, relatives, or associations. + (11) Social media checks. + (12) Such other information or records as may be relevant + to obtaining or maintaining national security, suitability, + fitness, or credentialing eligibility. + (e) Implementation Plan.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Security Executive Agent and the + Suitability and Credentialing Executive Agent shall jointly + submit to the appropriate congressional committees and make + available to appropriate industry partners a plan for the + implementation of the Program. + (2) Elements.--The plan required by paragraph (1) shall + include the following: + (A) Mechanisms that address privacy, national + security, suitability or fitness, credentialing, and + human resources or military recruitment processes. + (B) Such recommendations for legislative or + administrative action as the Security Executive Agent + and the Suitability and Credentialing Executive Agent + consider appropriate to carry out or improve the + Program. + (f) Plan for Pilot Program on Two-way Information Sharing.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Security Executive Agent and the + Suitability and Credentialing Executive Agent shall jointly + submit to the appropriate congressional committees and make + available to appropriate industry partners a plan for the + implementation of a pilot program to assess the feasibility and + advisability of expanding the Program to include the sharing of + information held by the Federal Government related to contract + personnel with the security office of the employers of those + contractor personnel. + (2) Elements.--The plan required by paragraph (1) shall + include the following: + (A) Mechanisms that address privacy, national + security, suitability or fitness, credentialing, and + human resources or military recruitment processes. + (B) Such recommendations for legislative or + administrative action as the Security Executive Agent + and the Suitability and Credentialing Executive Agent + consider appropriate to carry out or improve the pilot + program. + (g) Review.--Not later than 1 year after the date of the enactment +of this Act, the Security Executive Agent and the Suitability and +Credentialing Executive Agent shall jointly submit to the appropriate +congressional committees and make available to appropriate industry +partners a review of the plans submitted under subsections (e)(1) and +(f)(1) and utility and effectiveness of the programs described in such +plans. + +SEC. 10613. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER- + RELATED COMMUNICATIONS. + + Not later than 180 days after the date of the enactment of this +Act, the Security Executive Agent shall, in coordination with the +Inspector General of the Intelligence Community, submit to the +appropriate congressional committees a report detailing the controls +employed by the intelligence community to ensure that continuous +vetting programs, including those involving user activity monitoring, +protect the confidentiality of whistleblower-related communications. + + TITLE CVII--REPORTS AND OTHER MATTERS + + Subtitle A--Matters Relating to Russia and Other Foreign Powers + +SEC. 10701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF + CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION. + + (a) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional intelligence committees; + (2) the Committee on Armed Services of the Senate and the + Committee on Armed Services of the House of Representatives; + and + (3) the Committee on Foreign Relations of the Senate and + the Committee on Foreign Affairs of the House of + Representatives. + (b) Limitation.-- + (1) In general.--No amount may be expended by the Federal + Government, other than the Department of Defense, to enter into + or implement any bilateral agreement between the United States + and the Russian Federation regarding cybersecurity, including + the establishment or support of any cybersecurity unit, unless, + at least 30 days prior to the conclusion of any such agreement, + the Director of National Intelligence submits to the + appropriate congressional committees a report on such agreement + that includes the elements required by subsection (c). + (2) Department of defense agreements.--Any agreement + between the Department of Defense and the Russian Federation + regarding cybersecurity shall be conducted in accordance with + section 1232 of the National Defense Authorization Act for + Fiscal Year 2017 (Public Law 114-328), as amended by section + 1231 of the National Defense Authorization Act for Fiscal Year + 2018 (Public Law 115-91). + (c) Elements.--If the Director submits a report under subsection +(b) with respect to an agreement, such report shall include a +description of each of the following: + (1) The purpose of the agreement. + (2) The nature of any intelligence to be shared pursuant to + the agreement. + (3) The expected value to national security resulting from + the implementation of the agreement. + (4) Such counterintelligence concerns associated with the + agreement as the Director may have and such measures as the + Director expects to be taken to mitigate such concerns. + (d) Rule of Construction.--This section shall not be construed to +affect any existing authority of the Director of National Intelligence, +the Director of the Central Intelligence Agency, or another head of an +element of the intelligence community, to share or receive foreign +intelligence on a case-by-case basis. + +SEC. 10702. REPORT ON RETURNING RUSSIAN COMPOUNDS. + + (a) Covered Compounds Defined.--In this section, the term ``covered +compounds'' means the real property in New York, the real property in +Maryland, and the real property in San Francisco, California, that were +under the control of the Government of Russia in 2016 and were removed +from such control in response to various transgressions by the +Government of Russia, including the interference by the Government of +Russia in the 2016 election in the United States. + (b) Requirement for Report.--Not later than 180 days after the date +of the enactment of this Act, the Director of National Intelligence +shall submit to the congressional intelligence committees, and the +Committee on Foreign Relations of the Senate and the Committee on +Foreign Affairs of the House of Representatives (only with respect to +the unclassified report), a report on the intelligence risks of +returning the covered compounds to Russian control. + (c) Form of Report.--The report required by this section shall be +submitted in classified and unclassified forms. + +SEC. 10703. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA. + + (a) Threat Finance Defined.--In this section, the term ``threat +finance'' means-- + (1) the financing of cyber operations, global influence + campaigns, intelligence service activities, proliferation, + terrorism, or transnational crime and drug organizations; + (2) the methods and entities used to spend, store, move, + raise, conceal, or launder money or value, on behalf of threat + actors; + (3) sanctions evasion; and + (4) other forms of threat finance activity domestically or + internationally, as defined by the President. + (b) Report Required.--Not later than 60 days after the date of the +enactment of this Act, the Director of National Intelligence, in +coordination with the Assistant Secretary of the Treasury for +Intelligence and Analysis, shall submit to the congressional +intelligence committees a report containing an assessment of Russian +threat finance. The assessment shall be based on intelligence from all +sources, including from the Office of Terrorism and Financial +Intelligence of the Department of the Treasury. + (c) Elements.--The report required by subsection (b) shall include +each of the following: + (1) A summary of leading examples from the 3-year period + preceding the date of the submittal of the report of threat + finance activities conducted by, for the benefit of, or at the + behest of-- + (A) officials of the Government of Russia; + (B) persons subject to sanctions under any + provision of law imposing sanctions with respect to + Russia; + (C) Russian nationals subject to sanctions under + any other provision of law; or + (D) Russian oligarchs or organized criminals. + (2) An assessment with respect to any trends or patterns in + threat finance activities relating to Russia, including common + methods of conducting such activities and global nodes of money + laundering used by Russian threat actors described in paragraph + (1) and associated entities. + (3) An assessment of any connections between Russian + individuals involved in money laundering and the Government of + Russia. + (4) A summary of engagement and coordination with + international partners on threat finance relating to Russia, + especially in Europe, including examples of such engagement and + coordination. + (5) An identification of any resource and collection gaps. + (6) An identification of-- + (A) entry points of money laundering by Russian and + associated entities into the United States; + (B) any vulnerabilities within the United States + legal and financial system, including specific sectors, + which have been or could be exploited in connection + with Russian threat finance activities; and + (C) the counterintelligence threat posed by Russian + money laundering and other forms of threat finance, as + well as the threat to the United States financial + system and United States efforts to enforce sanctions + and combat organized crime. + (7) Any other matters the Director determines appropriate. + (d) Form of Report.--The report required under subsection (b) may +be submitted in classified form. + +SEC. 10704. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN. + + (a) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Armed Services of the Senate + and the Committee on Armed Services of the House of + Representatives; and + (C) the Committee on Foreign Relations of the + Senate and the Committee on Foreign Affairs of the + House of Representatives. + (2) Congressional leadership.--The term ``congressional + leadership'' includes the following: + (A) The majority leader of the Senate. + (B) The minority leader of the Senate. + (C) The Speaker of the House of Representatives. + (D) The minority leader of the House of + Representatives. + (b) Requirement for Notification.--The Director of National +Intelligence, in cooperation with the Director of the Federal Bureau of +Investigation and the head of any other relevant agency, shall notify +the congressional leadership and the Chairman and Vice Chairman or +Ranking Member of each of the appropriate congressional committees, and +of other relevant committees of jurisdiction, each time the Director of +National Intelligence determines there is credible information that a +foreign power has, is, or will attempt to employ a covert influence or +active measures campaign with regard to the modernization, employment, +doctrine, or force posture of the nuclear deterrent or missile defense. + (c) Content of Notification.--Each notification required by +subsection (b) shall include information concerning actions taken by +the United States to expose or halt an attempt referred to in +subsection (b). + +SEC. 10705. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND + CONSULAR PERSONNEL OF THE RUSSIAN FEDERATION IN THE + UNITED STATES. + + In carrying out the advance notification requirements set out in +section 502 of the Intelligence Authorization Act for Fiscal Year 2017 +(division N of Public Law 115-31; 131 Stat. 825; 22 U.S.C. 254a note), +the Secretary of State shall-- + (1) ensure that the Russian Federation provides + notification to the Secretary of State at least 2 business days + in advance of all travel that is subject to such requirements + by accredited diplomatic and consular personnel of the Russian + Federation in the United States, and take necessary action to + secure full compliance by Russian personnel and address any + noncompliance; and + (2) provide notice of travel described in paragraph (1) to + the Director of National Intelligence and the Director of the + Federal Bureau of Investigation within 1 hour of receiving + notice of such travel. + +SEC. 10706. REPORT ON OUTREACH STRATEGY ADDRESSING THREATS FROM UNITED + STATES ADVERSARIES TO THE UNITED STATES TECHNOLOGY + SECTOR. + + (a) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the congressional intelligence committees; + (2) the Committee on Armed Services and the Committee on + Homeland Security and Governmental Affairs of the Senate; and + (3) the Committee on Armed Services, Committee on Homeland + Security, and the Committee on Oversight and Reform of the + House of Representatives. + (b) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence shall +submit to the appropriate committees of Congress a report detailing +outreach by the intelligence community and the Defense Intelligence +Enterprise to United States industrial, commercial, scientific, +technical, and academic communities on matters relating to the efforts +of adversaries of the United States to acquire critical United States +technology, intellectual property, and research and development +information. + (c) Contents.--The report required by subsection (b) shall include +the following: + (1) A review of the current outreach efforts of the + intelligence community and the Defense Intelligence Enterprise + described in subsection (b), including the type of information + conveyed in the outreach. + (2) A determination of the appropriate element of the + intelligence community to lead such outreach efforts. + (3) An assessment of potential methods for improving the + effectiveness of such outreach, including an assessment of the + following: + (A) Those critical technologies, infrastructure, or + related supply chains that are at risk from the efforts + of adversaries described in subsection (b). + (B) The necessity and advisability of granting + security clearances to company or community leadership, + when necessary and appropriate, to allow for tailored + classified briefings on specific targeted threats. + (C) The advisability of partnering with entities of + the Federal Government that are not elements of the + intelligence community and relevant regulatory and + industry groups described in subsection (b), to convey + key messages across sectors targeted by United States + adversaries. + (D) Strategies to assist affected elements of the + communities described in subparagraph (C) in + mitigating, deterring, and protecting against the broad + range of threats from the efforts of adversaries + described in subsection (b), with focus on producing + information that enables private entities to justify + business decisions related to national security + concerns. + (E) The advisability of the establishment of a + United States Government-wide task force to coordinate + outreach and activities to combat the threats from + efforts of adversaries described in subsection (b). + (F) Such other matters as the Director of National + Intelligence may consider necessary. + (d) Consultation Encouraged.--In preparing the report required by +subsection (b), the Director is encouraged to consult with other +government agencies, think tanks, academia, representatives of the +financial industry, or such other entities as the Director considers +appropriate. + (e) Form.--The report required by subsection (b) shall be submitted +in unclassified form, but may include a classified annex as necessary. + +SEC. 10707. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN SYRIA AND + LEBANON. + + (a) Definitions.--In this section: + (1) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the Committee on Armed Services, the Committee + on Foreign Relations, and the Select Committee on + Intelligence of the Senate; and + (B) the Committee on Armed Services, the Committee + on Foreign Affairs, and the Permanent Select Committee + on Intelligence of the House of Representatives. + (2) Arms or related material.--The term ``arms or related + material'' means-- + (A) nuclear, biological, chemical, or radiological + weapons or materials or components of such weapons; + (B) ballistic or cruise missile weapons or + materials or components of such weapons; + (C) destabilizing numbers and types of advanced + conventional weapons; + (D) defense articles or defense services, as those + terms are defined in paragraphs (3) and (4), + respectively, of section 47 of the Arms Export Control + Act (22 U.S.C. 2794); + (E) defense information, as that term is defined in + section 644 of the Foreign Assistance Act of 1961 (22 + U.S.C. 2403); or + (F) items designated by the President for purposes + of the United States Munitions List under section + 38(a)(1) of the Arms Export Control Act (22 U.S.C. + 2778(a)(1)). + (b) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence shall +submit to the appropriate committees of Congress a report on Iranian +support of proxy forces in Syria and Lebanon and the threat posed to +Israel, other United States regional allies, and other specified +interests of the United States as a result of such support. + (c) Matters for Inclusion.--The report required under subsection +(b) shall include information relating to the following matters with +respect to both the strategic and tactical implications for the United +States and its allies: + (1) A description of arms or related materiel transferred + by Iran to Hizballah since March 2011, including the number of + such arms or related materiel and whether such transfer was by + land, sea, or air, as well as financial and additional + technological capabilities transferred by Iran to Hizballah. + (2) A description of Iranian and Iranian-controlled + personnel, including Hizballah, Shiite militias, and Iran's + Revolutionary Guard Corps forces, operating within Syria, + including the number and geographic distribution of such + personnel operating within 30 kilometers of the Israeli borders + with Syria and Lebanon. + (3) An assessment of Hizballah's operational lessons + learned based on its recent experiences in Syria. + (4) A description of any rocket-producing facilities in + Lebanon for nonstate actors, including whether such facilities + were assessed to be built at the direction of Hizballah + leadership, Iranian leadership, or in consultation between + Iranian leadership and Hizballah leadership. + (5) An analysis of the foreign and domestic supply chains + that significantly facilitate, support, or otherwise aid + Hizballah's acquisition or development of missile production + facilities, including the geographic distribution of such + foreign and domestic supply chains. + (6) An assessment of the provision of goods, services, or + technology transferred by Iran or its affiliates to Hizballah + to indigenously manufacture or otherwise produce missiles. + (7) An identification of foreign persons that are based on + credible information, facilitating the transfer of significant + financial support or arms or related materiel to Hizballah. + (8) A description of the threat posed to Israel and other + United States allies in the Middle East by the transfer of arms + or related material or other support offered to Hizballah and + other proxies from Iran. + (d) Form of Report.--The report required under subsection (b) shall +be submitted in unclassified form, but may include a classified annex. + +SEC. 10708. ANNUAL REPORT ON IRANIAN EXPENDITURES SUPPORTING FOREIGN + MILITARY AND TERRORIST ACTIVITIES. + + (a) Annual Report Required.--Not later than 90 days after the date +of the enactment of this Act and not less frequently than once each +year thereafter, the Director of National Intelligence shall submit to +Congress a report describing Iranian expenditures in the previous +calendar year on military and terrorist activities outside the country, +including each of the following: + (1) The amount spent in such calendar year on activities by + the Islamic Revolutionary Guard Corps, including activities + providing support for-- + (A) Hizballah; + (B) Houthi rebels in Yemen; + (C) Hamas; + (D) proxy forces in Iraq and Syria; or + (E) any other entity or country the Director + determines to be relevant. + (2) The amount spent in such calendar year for ballistic + missile research and testing or other activities that the + Director determines are destabilizing to the Middle East + region. + (b) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may include a classified annex. + +SEC. 10709. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE MEASURES + AND REPORT ON ESTABLISHMENT OF FOREIGN MALIGN INFLUENCE + CENTER. + + (a) Scope of Committee to Counter Active Measures.-- + (1) In general.--Section 501 of the Intelligence + Authorization Act for Fiscal Year 2017 (Public Law 115-31; 50 + U.S.C. 3001 note) is amended-- + (A) in subsections (a) through (h)-- + (i) by inserting ``, the People's Republic + of China, the Islamic Republic of Iran, the + Democratic People's Republic of Korea, or other + nation state'' after ``Russian Federation'' + each place it appears; and + (ii) by inserting ``, China, Iran, North + Korea, or other nation state'' after ``Russia'' + each place it appears; and + (B) in the section heading, by inserting ``, the + people's republic of china, the islamic republic of + iran, the democratic people's republic of korea, or + other nation state'' after ``russian federation''. + (2) Clerical amendment.--The table of contents in section + 1(b) of such Act is amended by striking the item relating to + section 501 and inserting the following new item: + +``Sec. 501. Committee to counter active measures by the Russian + Federation, the People's Republic of China, + the Islamic Republic of Iran, the + Democratic People's Republic of Korea, and + other nation states to exert covert + influence over peoples and governments.''. + (b) Report Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Director of National + Intelligence, in coordination with such elements of the + intelligence community as the Director considers relevant, + shall submit to the congressional intelligence committees a + report on the feasibility and advisability of establishing a + center, to be known as the ``Foreign Malign Influence Response + Center'', that-- + (A) is comprised of analysts from all appropriate + elements of the intelligence community, including + elements with related diplomatic and law enforcement + functions; + (B) has access to all intelligence and other + reporting acquired by the United States Government on + foreign efforts to influence, through overt and covert + malign activities, United States political processes + and elections; + (C) provides comprehensive assessment, and + indications and warning, of such activities; and + (D) provides for enhanced dissemination of such + assessment to United States policy makers. + (2) Contents.--The Report required by paragraph (1) shall + include the following: + (A) A discussion of the desirability of the + establishment of such center and any barriers to such + establishment. + (B) Such recommendations and other matters as the + Director considers appropriate. + + Subtitle B--Reports + +SEC. 10711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY. + + Section 11001(d) of title 5, United States Code, is amended-- + (1) in the subsection heading, by striking ``Audit'' and + inserting ``Review''; + (2) in paragraph (1), by striking ``audit'' and inserting + ``review''; and + (3) in paragraph (2), by striking ``audit'' and inserting + ``review''. + +SEC. 10712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF + THE DEPARTMENT OF HOMELAND SECURITY. + + (a) Definitions.--In this section: + (1) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security and + Governmental Affairs of the Senate; and + (C) the Committee on Homeland Security of the House + of Representatives. + (2) Homeland security intelligence enterprise.--The term + ``Homeland Security Intelligence Enterprise'' has the meaning + given such term in Department of Homeland Security Instruction + Number 264-01-001, or successor authority. + (b) Report Required.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Homeland Security, in +consultation with the Under Secretary of Homeland Security for +Intelligence and Analysis, shall submit to the appropriate committees +of Congress a report on the authorities of the Under Secretary. + (c) Elements.--The report required by subsection (b) shall include +each of the following: + (1) An analysis of whether the Under Secretary has the + legal and policy authority necessary to organize and lead the + Homeland Security Intelligence Enterprise, with respect to + intelligence, and, if not, a description of-- + (A) the obstacles to exercising the authorities of + the Chief Intelligence Officer of the Department and + the Homeland Security Intelligence Council, of which + the Chief Intelligence Officer is the chair; and + (B) the legal and policy changes necessary to + effectively coordinate, organize, and lead intelligence + activities of the Department of Homeland Security. + (2) A description of the actions that the Secretary has + taken to address the inability of the Under Secretary to + require components of the Department, other than the Office of + Intelligence and Analysis of the Department to-- + (A) coordinate intelligence programs; and + (B) integrate and standardize intelligence products + produced by such other components. + +SEC. 10713. REPORT ON CYBER EXCHANGE PROGRAM. + + (a) Report.--Not later than 90 days after the date of the enactment +of this Act, the Director of National Intelligence shall submit to the +congressional intelligence committees a report on the potential +establishment of a fully voluntary exchange program between elements of +the intelligence community and private technology companies under +which-- + (1) an employee of an element of the intelligence community + with demonstrated expertise and work experience in + cybersecurity or related disciplines may elect to be + temporarily detailed to a private technology company that has + elected to receive the detailee; and + (2) an employee of a private technology company with + demonstrated expertise and work experience in cybersecurity or + related disciplines may elect to be temporarily detailed to an + element of the intelligence community that has elected to + receive the detailee. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) An assessment of the feasibility of establishing the + exchange program described in such subsection. + (2) Identification of any challenges in establishing the + exchange program. + (3) An evaluation of the benefits to the intelligence + community that would result from the exchange program. + +SEC. 10714. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS. + + (a) Review of Whistleblower Matters.--The Inspector General of the +Intelligence Community, in consultation with the inspectors general for +the Central Intelligence Agency, the National Security Agency, the +National Geospatial-Intelligence Agency, the Defense Intelligence +Agency, and the National Reconnaissance Office, shall conduct a review +of the authorities, policies, investigatory standards, and other +practices and procedures relating to intelligence community +whistleblower matters, with respect to such inspectors general. + (b) Objective of Review.--The objective of the review required +under subsection (a) is to identify any discrepancies, inconsistencies, +or other issues, which frustrate the timely and effective reporting of +intelligence community whistleblower matters to appropriate inspectors +general and to the congressional intelligence committees, and the fair +and expeditious investigation and resolution of such matters. + (c) Conduct of Review.--The Inspector General of the Intelligence +Community shall take such measures as the Inspector General determines +necessary in order to ensure that the review required by subsection (a) +is conducted in an independent and objective fashion. + (d) Report.--Not later than 270 days after the date of the +enactment of this Act, the Inspector General of the Intelligence +Community shall submit to the congressional intelligence committees a +written report containing the results of the review required under +subsection (a), along with recommendations to improve the timely and +effective reporting of intelligence community whistleblower matters to +inspectors general and to the congressional intelligence committees and +the fair and expeditious investigation and resolution of such matters. + +SEC. 10715. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH + RESPECT TO CERTAIN FOREIGN INVESTMENTS. + + (a) Report.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence, in +consultation with the heads of the elements of the intelligence +community determined appropriate by the Director, shall submit to the +congressional intelligence committees a report on the role of the +Director in preparing analytic materials in connection with the +evaluation by the Federal Government of national security risks +associated with potential foreign investments into the United States. + (b) Elements.--The report under subsection (a) shall include-- + (1) a description of the current process for the provision + of the analytic materials described in subsection (a); + (2) an identification of the most significant benefits and + drawbacks of such process with respect to the role of the + Director, including the sufficiency of resources and personnel + to prepare such materials; and + (3) recommendations to improve such process. + +SEC. 10716. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST + UNITED STATES TELECOMMUNICATIONS NETWORKS. + + (a) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means the following: + (1) The congressional intelligence committees. + (2) The Committee on the Judiciary and the Committee on + Homeland Security and Governmental Affairs of the Senate. + (3) The Committee on the Judiciary and the Committee on + Homeland Security of the House of Representatives. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence shall, in +coordination with the Director of the Central Intelligence Agency, the +Director of the National Security Agency, the Director of the Federal +Bureau of Investigation, and the Secretary of Homeland Security, submit +to the appropriate congressional committees a report describing-- + (1) any attempts known to the intelligence community by + foreign governments to exploit cybersecurity vulnerabilities in + United States telecommunications networks (including Signaling + System No. 7) to target for surveillance United States persons, + including employees of the Federal Government; and + (2) any actions, as of the date of the enactment of this + Act, taken by the intelligence community to protect agencies + and personnel of the United States Government from surveillance + conducted by foreign governments. + +SEC. 10717. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS. + + (a) Intelligence Community Interagency Working Group.-- + (1) Requirement to establish.--The Director of National + Intelligence shall establish an intelligence community + interagency working group to prepare the biennial reports + required by subsection (b). + (2) Chairperson.--The Director of National Intelligence + shall serve as the chairperson of such interagency working + group. + (3) Membership.--Such interagency working group shall be + composed of representatives of each element of the intelligence + community that the Director of National Intelligence determines + appropriate. + (b) Biennial Report on Foreign Investment Risks.-- + (1) Report required.--Not later than 180 days after the + date of the enactment of this Act and not less frequently than + once every 2 years thereafter, the Director of National + Intelligence shall submit to the congressional intelligence + committees, the Committee on Homeland Security and Governmental + Affairs of the Senate, and the Committee on Homeland Security + of the House of Representatives a report on foreign investment + risks prepared by the interagency working group established + under subsection (a). + (2) Elements.--Each report required by paragraph (1) shall + include identification, analysis, and explanation of the + following: + (A) Any current or projected major threats to the + national security of the United States with respect to + foreign investment. + (B) Any strategy used by a foreign country that + such interagency working group has identified to be a + country of special concern to use foreign investment to + target the acquisition of critical technologies, + critical materials, or critical infrastructure. + (C) Any economic espionage efforts directed at the + United States by a foreign country, particularly such a + country of special concern. + +SEC. 10718. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON TRAVEL OF + FOREIGN DIPLOMATS. + + Section 502(d)(2) of the Intelligence Authorization Act for Fiscal +Year 2017 (Public Law 115-31) is amended by striking ``the number'' and +inserting ``a best estimate''. + +SEC. 10719. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED + DISCLOSURES OF CLASSIFIED INFORMATION. + + (a) In General.--Title XI of the National Security Act of 1947 (50 +U.S.C. 3231 et seq.) is amended by adding at the end the following new +section: + +``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED + DISCLOSURES OF CLASSIFIED INFORMATION. + + ``(a) Definitions.--In this section: + ``(1) Covered official.--The term `covered official' + means-- + ``(A) the heads of each element of the intelligence + community; and + ``(B) the inspectors general with oversight + responsibility for an element of the intelligence + community. + ``(2) Investigation.--The term `investigation' means any + inquiry, whether formal or informal, into the existence of an + unauthorized public disclosure of classified information. + ``(3) Unauthorized disclosure of classified information.-- + The term `unauthorized disclosure of classified information' + means any unauthorized disclosure of classified information to + any recipient. + ``(4) Unauthorized public disclosure of classified + information.--The term `unauthorized public disclosure of + classified information' means the unauthorized disclosure of + classified information to a journalist or media organization. + ``(b) Intelligence Community Reporting.-- + ``(1) In general.--Not less frequently than once every 6 + months, each covered official shall submit to the congressional + intelligence committees a report on investigations of + unauthorized public disclosures of classified information. + ``(2) Elements.--Each report submitted under paragraph (1) + shall include, with respect to the preceding 6-month period, + the following: + ``(A) The number of investigations opened by the + covered official regarding an unauthorized public + disclosure of classified information. + ``(B) The number of investigations completed by the + covered official regarding an unauthorized public + disclosure of classified information. + ``(C) Of the number of such completed + investigations identified under subparagraph (B), the + number referred to the Attorney General for criminal + investigation. + ``(c) Department of Justice Reporting.-- + ``(1) In general.--Not less frequently than once every 6 + months, the Assistant Attorney General for National Security of + the Department of Justice, in consultation with the Director of + the Federal Bureau of Investigation, shall submit to the + congressional intelligence committees, the Committee on the + Judiciary of the Senate, and the Committee on the Judiciary of + the House of Representatives a report on the status of each + referral made to the Department of Justice from any element of + the intelligence community regarding an unauthorized disclosure + of classified information made during the most recent 365-day + period or any referral that has not yet been closed, regardless + of the date the referral was made. + ``(2) Contents.--Each report submitted under paragraph (1) + shall include, for each referral covered by the report, at a + minimum, the following: + ``(A) The date the referral was received. + ``(B) A statement indicating whether the alleged + unauthorized disclosure described in the referral was + substantiated by the Department of Justice. + ``(C) A statement indicating the highest level of + classification of the information that was revealed in + the unauthorized disclosure. + ``(D) A statement indicating whether an open + criminal investigation related to the referral is + active. + ``(E) A statement indicating whether any criminal + charges have been filed related to the referral. + ``(F) A statement indicating whether the Department + of Justice has been able to attribute the unauthorized + disclosure to a particular entity or individual. + ``(d) Form of Reports.--Each report submitted under this section +shall be submitted in unclassified form, but may have a classified +annex.''. + (b) Clerical Amendment.--The table of contents in the first section +of the National Security Act of 1947 is amended by inserting after the +item relating to section 1104 the following new item: + +``Sec. 1105. Semiannual reports on investigations of unauthorized + disclosures of classified information.''. + +SEC. 10720. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF COVERED + INTELLIGENCE OFFICER AS PERSONA NON GRATA. + + (a) Covered Intelligence Officer Defined.--In this section, the +term ``covered intelligence officer'' means-- + (1) a United States intelligence officer serving in a post + in a foreign country; or + (2) a known or suspected foreign intelligence officer + serving in a United States post. + (b) Requirement for Reports.--Not later than 72 hours after a +covered intelligence officer is designated as a persona non grata, the +Director of National Intelligence, in consultation with the Secretary +of State, shall submit to the congressional intelligence committees, +the Committee on Foreign Relations of the Senate, and the Committee on +Foreign Affairs of the House of Representatives a notification of that +designation. Each such notification shall include-- + (1) the date of the designation; + (2) the basis for the designation; and + (3) a justification for the expulsion. + +SEC. 10721. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN + VULNERABILITIES EQUITIES PROCESS OF FEDERAL GOVERNMENT. + + (a) Definitions.--In this section: + (1) Vulnerabilities equities policy and process document.-- + The term ``Vulnerabilities Equities Policy and Process + document'' means the executive branch document entitled + ``Vulnerabilities Equities Policy and Process'' dated November + 15, 2017. + (2) Vulnerabilities equities process.--The term + ``Vulnerabilities Equities Process'' means the interagency + review of vulnerabilities, pursuant to the Vulnerabilities + Equities Policy and Process document or any successor document. + (3) Vulnerability.--The term ``vulnerability'' means a + weakness in an information system or its components (for + example, system security procedures, hardware design, and + internal controls) that could be exploited or could affect + confidentiality, integrity, or availability of information. + (b) Reports on Process and Criteria Under Vulnerabilities Equities +Policy and Process.-- + (1) In general.--Not later than 90 days after the date of + the enactment of this Act, the Director of National + Intelligence shall submit to the congressional intelligence + committees a written report describing-- + (A) with respect to each element of the + intelligence community-- + (i) the title of the official or officials + responsible for determining whether, pursuant + to criteria contained in the Vulnerabilities + Equities Policy and Process document or any + successor document, a vulnerability must be + submitted for review under the Vulnerabilities + Equities Process; and + (ii) the process used by such element to + make such determination; and + (B) the roles or responsibilities of that element + during a review of a vulnerability submitted to the + Vulnerabilities Equities Process. + (2) Changes to process or criteria.--Not later than 30 days + after any significant change is made to the process and + criteria used by any element of the intelligence community for + determining whether to submit a vulnerability for review under + the Vulnerabilities Equities Process, such element shall submit + to the congressional intelligence committees a report + describing such change. + (3) Form of reports.--Each report submitted under this + subsection shall be submitted in unclassified form, but may + include a classified annex. + (c) Annual Reports.-- + (1) In general.--Not less frequently than once each + calendar year, the Director of National Intelligence shall + submit to the congressional intelligence committees a + classified report containing, with respect to the previous + year-- + (A) the number of vulnerabilities submitted for + review under the Vulnerabilities Equities Process; + (B) the number of vulnerabilities described in + subparagraph (A) disclosed to each vendor responsible + for correcting the vulnerability, or to the public, + pursuant to the Vulnerabilities Equities Process; and + (C) the aggregate number, by category, of the + vulnerabilities excluded from review under the + Vulnerabilities Equities Process, as described in + paragraph 5.4 of the Vulnerabilities Equities Policy + and Process document. + (2) Unclassified information.--Each report submitted under + paragraph (1) shall include an unclassified appendix that + contains-- + (A) the aggregate number of vulnerabilities + disclosed to vendors or the public pursuant to the + Vulnerabilities Equities Process; and + (B) the aggregate number of vulnerabilities + disclosed to vendors or the public pursuant to the + Vulnerabilities Equities Process known to have been + patched. + (3) Non-duplication.--The Director of National Intelligence + may forgo submission of an annual report required under this + subsection for a calendar year, if the Director notifies the + intelligence committees in writing that, with respect to the + same calendar year, an annual report required by paragraph 4.3 + of the Vulnerabilities Equities Policy and Process document + already has been submitted to Congress, and such annual report + contains the information that would otherwise be required to be + included in an annual report under this subsection. + +SEC. 10722. INSPECTORS GENERAL REPORTS ON CLASSIFICATION. + + (a) Reports Required.--Not later than October 1, 2019, each +Inspector General listed in subsection (b) shall submit to the +congressional intelligence committees a report that includes, with +respect to the department or agency of the Inspector General, analyses +of the following: + (1) The accuracy of the application of classification and + handling markers on a representative sample of finished + reports, including such reports that are compartmented. + (2) Compliance with declassification procedures. + (3) The effectiveness of processes for identifying topics + of public or historical importance that merit prioritization + for a declassification review. + (b) Inspectors General Listed.--The Inspectors General listed in +this subsection are as follows: + (1) The Inspector General of the Intelligence Community. + (2) The Inspector General of the Central Intelligence + Agency. + (3) The Inspector General of the National Security Agency. + (4) The Inspector General of the Defense Intelligence + Agency. + (5) The Inspector General of the National Reconnaissance + Office. + (6) The Inspector General of the National Geospatial- + Intelligence Agency. + +SEC. 10723. REPORTS ON GLOBAL WATER INSECURITY AND NATIONAL SECURITY + IMPLICATIONS AND BRIEFING ON EMERGING INFECTIOUS DISEASE + AND PANDEMICS. + + (a) Reports on Global Water Insecurity and National Security +Implications.-- + (1) Reports required.--Not later than 180 days after the + date of the enactment of this Act and not less frequently than + once every 5 years thereafter, the Director of National + Intelligence shall submit to the congressional intelligence + committees a report on the implications of water insecurity on + the national security interest of the United States, including + consideration of social, economic, agricultural, and + environmental factors. + (2) Assessment scope and focus.--Each report submitted + under paragraph (1) shall include an assessment of water + insecurity described in such subsection with a global scope, + but focus on areas of the world-- + (A) of strategic, economic, or humanitarian + interest to the United States-- + (i) that are, as of the date of the report, + at the greatest risk of instability, conflict, + human insecurity, or mass displacement; or + (ii) where challenges relating to water + insecurity are likely to emerge and become + significant during the 5-year or the 20-year + period beginning on the date of the report; and + (B) where challenges relating to water insecurity + are likely to imperil the national security interests + of the United States or allies of the United States. + (3) Consultation.--In researching a report required by + paragraph (1), the Director shall consult with-- + (A) such stakeholders within the intelligence + community, the Department of Defense, and the + Department of State as the Director considers + appropriate; and + (B) such additional Federal agencies and persons in + the private sector as the Director considers + appropriate. + (4) Form.--Each report submitted under paragraph (1) shall + be submitted in unclassified form, but may include a classified + annex. + (b) Briefing on Emerging Infectious Disease and Pandemics.-- + (1) Appropriate congressional committees defined.--In this + subsection, the term ``appropriate congressional committees'' + means-- + (A) the congressional intelligence committees; + (B) the Committee on Foreign Affairs, the Committee + on Armed Services, and the Committee on Appropriations + of the House of Representatives; and + (C) the Committee on Foreign Relations, the + Committee on Armed Services, and the Committee on + Appropriations of the Senate. + (2) Briefing.--Not later than 120 days after the date of + the enactment of this Act, the Director of National + Intelligence shall provide to the appropriate congressional + committees a briefing on the anticipated geopolitical effects + of emerging infectious disease (including deliberate, + accidental, and naturally occurring infectious disease threats) + and pandemics, and their implications on the national security + of the United States. + (3) Content.--The briefing under paragraph (2) shall + include an assessment of-- + (A) the economic, social, political, and security + risks, costs, and impacts of emerging infectious + diseases on the United States and the international + political and economic system; + (B) the economic, social, political, and security + risks, costs, and impacts of a major transnational + pandemic on the United States and the international + political and economic system; and + (C) contributing trends and factors to the matters + assessed under subparagraphs (A) and (B). + (4) Examination of response capacity.--In examining the + risks, costs, and impacts of emerging infectious disease and a + possible transnational pandemic under paragraph (3), the + Director of National Intelligence shall also examine in the + briefing under paragraph (2) the response capacity within + affected countries and the international system. In considering + response capacity, the Director shall include-- + (A) the ability of affected nations to effectively + detect and manage emerging infectious diseases and a + possible transnational pandemic; + (B) the role and capacity of international + organizations and nongovernmental organizations to + respond to emerging infectious disease and a possible + pandemic, and their ability to coordinate with affected + and donor nations; and + (C) the effectiveness of current international + frameworks, agreements, and health systems to respond + to emerging infectious diseases and a possible + transnational pandemic. + (5) Form.--The briefing under paragraph (2) may be + classified. + +SEC. 10724. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING BETWEEN + ELEMENTS OF INTELLIGENCE COMMUNITY AND OTHER ENTITIES OF + THE UNITED STATES GOVERNMENT REGARDING SIGNIFICANT + OPERATIONAL ACTIVITIES OR POLICY. + + Section 311 of the Intelligence Authorization Act for Fiscal Year +2017 (50 U.S.C. 3313) is amended-- + (1) by redesignating subsection (b) as subsection (c); and + (2) by striking subsection (a) and inserting the following: + ``(a) In General.--Each year, concurrent with the annual budget +request submitted by the President to Congress under section 1105 of +title 31, United States Code, each head of an element of the +intelligence community shall submit to the congressional intelligence +committees a report that lists each memorandum of understanding or +other agreement regarding significant operational activities or policy +entered into during the most recently completed fiscal year between or +among such element and any other entity of the United States +Government. + ``(b) Provision of Documents.--Each head of an element of an +intelligence community who receives a request from the Select Committee +on Intelligence of the Senate or the Permanent Select Committee on +Intelligence of the House of Representatives for a copy of a memorandum +of understanding or other document listed in a report submitted by the +head under subsection (a) shall submit to such committee the requested +copy as soon as practicable after receiving such request.''. + +SEC. 10725. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED + WIRELINE AND WIRELESS TELEPHONE CALLS. + + (a) Study Required.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence shall +complete a study on the feasibility of encrypting unclassified wireline +and wireless telephone calls between personnel in the intelligence +community. + (b) Report.--Not later than 90 days after the date on which the +Director completes the study required by subsection (a), the Director +shall submit to the congressional intelligence committees a report on +the Director's findings with respect to such study. + +SEC. 10726. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORT ON HIRING AND + RETENTION OF MINORITY EMPLOYEES. + + (a) Expansion of Period of Report.--Subsection (a) of section 114 +of the National Security Act of 1947 (50 U.S.C. 3050) is amended by +inserting ``and the preceding 5 fiscal years'' after ``fiscal year''. + (b) Clarification on Disaggregation of Data.--Subsection (b) of +such section is amended, in the matter before paragraph (1), by +striking ``disaggregated data by category of covered person from each +element of the intelligence community'' and inserting ``data, +disaggregated by category of covered person and by element of the +intelligence community,''. + +SEC. 10727. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND + RELATED PROGRAMS. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) there should be established, through the issuing of an + Intelligence Community Directive or otherwise, an intelligence + community-wide program for student loan repayment, student loan + forgiveness, financial counseling, and related matters, for + employees of the intelligence community; + (2) creating such a program would enhance the ability of + the elements of the intelligence community to recruit, hire, + and retain highly qualified personnel, including with respect + to mission-critical and hard-to-fill positions; + (3) such a program, including with respect to eligibility + requirements, should be designed so as to maximize the ability + of the elements of the intelligence community to recruit, hire, + and retain highly qualified personnel, including with respect + to mission-critical and hard-to-fill positions; and + (4) to the extent possible, such a program should be + uniform throughout the intelligence community and publicly + promoted by each element of the intelligence community to both + current employees of the element as well as to prospective + employees of the element. + (b) Report on Potential Intelligence Community-wide Program.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, the Director of National + Intelligence, in cooperation with the heads of the elements of + the intelligence community and the heads of any other + appropriate department or agency of the Federal Government, + shall submit to the congressional intelligence committees a + report on potentially establishing and carrying out an + intelligence community-wide program for student loan repayment, + student loan forgiveness, financial counseling, and related + matters, as described in subsection (a). + (2) Matters included.--The report under paragraph (1) shall + include, at a minimum, the following: + (A) A description of the financial resources that + the elements of the intelligence community would + require to establish and initially carry out the + program specified in paragraph (1). + (B) A description of the practical steps to + establish and carry out such a program. + (C) The identification of any legislative action + the Director determines necessary to establish and + carry out such a program. + (c) Annual Reports on Established Programs.-- + (1) Covered programs defined.--In this subsection, the term + ``covered programs'' means any loan repayment program, loan + forgiveness program, financial counseling program, or similar + program, established pursuant to title X of the National + Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other + provision of law that may be administered or used by an element + of the intelligence community. + (2) Annual reports required.--Not less frequently than once + each year, the Director of National Intelligence shall submit + to the congressional intelligence committees a report on the + covered programs. Each such report shall include, with respect + to the period covered by the report, the following: + (A) The number of personnel from each element of + the intelligence community who used each covered + program. + (B) The total amount of funds each element expended + for each such program. + (C) A description of the efforts made by each + element to promote each covered program pursuant to + both the personnel of the element of the intelligence + community and to prospective personnel. + +SEC. 10728. REPEAL OF CERTAIN REPORTING REQUIREMENTS. + + (a) Correcting Long-standing Material Weaknesses.--Section 368 of +the Intelligence Authorization Act for Fiscal Year 2010 (Public Law +110-259; 50 U.S.C. 3051 note) is hereby repealed. + (b) Interagency Threat Assessment and Coordination Group.--Section +210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended-- + (1) by striking subsection (c); and + (2) by redesignating subsections (d) through (i) as + subsections (c) through (h), respectively; and + (3) in subsection (c), as so redesignated-- + (A) in paragraph (8), by striking ``; and'' and + inserting a period; and + (B) by striking paragraph (9). + (c) Inspector General Report.--Section 8H of the Inspector General +Act of 1978 (5 U.S.C. App.) is amended-- + (1) by striking subsection (g); and + (2) by redesignating subsections (h) and (i) as subsections + (g) and (h), respectively. + +SEC. 10729. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON + SENIOR EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF + NATIONAL INTELLIGENCE. + + (a) Senior Executive Service Position Defined.--In this section, +the term ``Senior Executive Service position'' has the meaning given +that term in section 3132(a)(2) of title 5, United States Code, and +includes any position above the GS-15, step 10, level of the General +Schedule under section 5332 of such title. + (b) Report.--Not later than 90 days after the date of the enactment +of this Act, the Inspector General of the Intelligence Community shall +submit to the congressional intelligence committees a report on the +number of Senior Executive Service positions in the Office of the +Director of National Intelligence. + (c) Matters Included.--The report under subsection (b) shall +include the following: + (1) The number of required Senior Executive Service + positions for the Office of the Director of National + Intelligence. + (2) Whether such requirements are reasonably based on the + mission of the Office. + (3) A discussion of how the number of the Senior Executive + Service positions in the Office compare to the number of senior + positions at comparable organizations. + (d) Cooperation.--The Director of National Intelligence shall +provide to the Inspector General of the Intelligence Community any +information requested by the Inspector General of the Intelligence +Community that is necessary to carry out this section by not later than +14 calendar days after the date on which the Inspector General of the +Intelligence Community makes such request. + +SEC. 10730. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION OFFERING + PERMANENT RESIDENCE TO SOURCES AND COOPERATORS. + + Not later than 30 days after the date of the enactment of this Act, +the Director of the Federal Bureau of Investigation shall provide to +the congressional intelligence committees a briefing on the ability of +the Federal Bureau of Investigation to offer, as an inducement to +assisting the Bureau, permanent residence within the United States to +foreign individuals who are sources or cooperators in +counterintelligence or other national security-related investigations. +The briefing shall address the following: + (1) The extent to which the Bureau may make such offers, + whether independently or in conjunction with other agencies and + departments of the United States Government, including a + discussion of the authorities provided by section 101(a)(15)(S) + of the Immigration and Nationality Act (8 U.S.C. + 1101(a)(15)(S)), section 7 of the Central Intelligence Agency + Act (50 U.S.C. 3508), and any other provision of law under + which the Bureau may make such offers. + (2) An overview of the policies and operational practices + of the Bureau with respect to making such offers. + (3) The sufficiency of such policies and practices with + respect to inducing individuals to cooperate with, serve as + sources for such investigations, or both. + (4) Whether the Director recommends any legislative actions + to improve such policies and practices, particularly with + respect to the counterintelligence efforts of the Bureau. + +SEC. 10731. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES. + + (a) Assessment Required.--Not later than 180 days after the date of +the enactment of this Act, the Director of National Intelligence, in +coordination with the Assistant Secretary of State for Intelligence and +Research and the Assistant Secretary of the Treasury for Intelligence +and Analysis, shall produce an intelligence assessment of the revenue +sources of the North Korean regime. Such assessment shall include +revenue from the following sources: + (1) Trade in coal, iron, and iron ore. + (2) The provision of fishing rights to North Korean + territorial waters. + (3) Trade in gold, titanium ore, vanadium ore, copper, + silver, nickel, zinc, or rare earth minerals, and other stores + of value. + (4) Trade in textiles. + (5) Sales of conventional defense articles and services. + (6) Sales of controlled goods, ballistic missiles, and + other associated items. + (7) Other types of manufacturing for export, as the + Director of National Intelligence considers appropriate. + (8) The exportation of workers from North Korea in a manner + intended to generate significant revenue, directly or + indirectly, for use by the government of North Korea. + (9) The provision of nonhumanitarian goods (such as food, + medicine, and medical devices) and services by other countries. + (10) The provision of services, including banking and other + support, including by entities located in the Russian + Federation, China, and Iran. + (11) Online commercial activities of the Government of + North Korea, including online gambling. + (12) Criminal activities, including cyber-enabled crime and + counterfeit goods. + (b) Elements.--The assessment required under subsection (a) shall +include an identification of each of the following: + (1) The sources of North Korea's funding. + (2) Financial and non-financial networks, including supply + chain management, transportation, and facilitation, through + which North Korea accesses the United States and international + financial systems and repatriates and exports capital, goods, + and services; and + (3) the global financial institutions, money services + business, and payment systems that assist North Korea with + financial transactions. + (c) Submittal to Congress.--Upon completion of the assessment +required under subsection (a), the Director of National Intelligence +shall submit to the congressional intelligence committees a copy of +such assessment. + +SEC. 10732. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL CURRENCIES BY + TERRORIST ACTORS. + + (a) Short Title.--This section may be cited as the ``Stop Terrorist +Use of Virtual Currencies Act''. + (b) Report.--Not later than 1 year after the date of the enactment +of this Act, the Director of National Intelligence, in consultation +with the Secretary of the Treasury, shall submit to Congress a report +on the possible exploitation of virtual currencies by terrorist actors. +Such report shall include the following elements: + (1) An assessment of the means and methods by which + international terrorist organizations and State sponsors of + terrorism use virtual currencies. + (2) An assessment of the use by terrorist organizations and + State sponsors of terrorism of virtual currencies compared to + the use by such organizations and States of other forms of + financing to support operations, including an assessment of the + collection posture of the intelligence community on the use of + virtual currencies by such organizations and States. + (3) A description of any existing legal impediments that + inhibit or prevent the intelligence community from collecting + information on or helping prevent the use of virtual currencies + by international terrorist organizations and State sponsors of + terrorism and an identification of any gaps in existing law + that could be exploited for illicit funding by such + organizations and States. + (c) Form of Report.--The report required by subsection (b) shall be +submitted in unclassified form, but may include a classified annex. + + Subtitle C--Other Matters + +SEC. 10741. PUBLIC INTEREST DECLASSIFICATION BOARD. + + Section 710(b) of the Public Interest Declassification Act of 2000 +(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking +``December 31, 2018'' and inserting ``December 31, 2028''. + +SEC. 10742. SECURING ENERGY INFRASTRUCTURE. + + (a) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security and + Governmental Affairs and the Committee on Energy and + Natural Resources of the Senate; and + (C) the Committee on Homeland Security and the + Committee on Energy and Commerce of the House of + Representatives. + (2) Covered entity.--The term ``covered entity'' means an + entity identified pursuant to section 9(a) of Executive Order + 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to + identification of critical infrastructure where a cybersecurity + incident could reasonably result in catastrophic regional or + national effects on public health or safety, economic security, + or national security. + (3) Exploit.--The term ``exploit'' means a software tool + designed to take advantage of a security vulnerability. + (4) Industrial control system.--The term ``industrial + control system'' means an operational technology used to + measure, control, or manage industrial functions, and includes + supervisory control and data acquisition systems, distributed + control systems, and programmable logic or embedded + controllers. + (5) National laboratory.--The term ``National Laboratory'' + has the meaning given the term in section 2 of the Energy + Policy Act of 2005 (42 U.S.C. 15801). + (6) Program.--The term ``Program'' means the pilot program + established under subsection (b). + (7) Secretary.--Except as otherwise specifically provided, + the term ``Secretary'' means the Secretary of Energy. + (8) Security vulnerability.--The term ``security + vulnerability'' means any attribute of hardware, software, + process, or procedure that could enable or facilitate the + defeat of a security control. + (b) Pilot Program for Securing Energy Infrastructure.--Not later +than 180 days after the date of the enactment of this Act, the +Secretary shall establish a 2-year control systems implementation pilot +program within the National Laboratories for the purposes of-- + (1) partnering with covered entities in the energy sector + (including critical component manufacturers in the supply + chain) that voluntarily participate in the Program to identify + new classes of security vulnerabilities of the covered + entities; and + (2) evaluating technology and standards, in partnership + with covered entities, to isolate and defend industrial control + systems of covered entities from security vulnerabilities and + exploits in the most critical systems of the covered entities, + including-- + (A) analog and nondigital control systems; + (B) purpose-built control systems; and + (C) physical controls. + (c) Working Group to Evaluate Program Standards and Develop +Strategy.-- + (1) Establishment.--The Secretary shall establish a working + group-- + (A) to evaluate the technology and standards used + in the Program under subsection (b)(2); and + (B) to develop a national cyber-informed + engineering strategy to isolate and defend covered + entities from security vulnerabilities and exploits in + the most critical systems of the covered entities. + (2) Membership.--The working group established under + paragraph (1) shall be composed of not fewer than 10 members, + to be appointed by the Secretary, at least 1 member of which + shall represent each of the following: + (A) The Department of Energy. + (B) The energy industry, including electric + utilities and manufacturers recommended by the Energy + Sector coordinating councils. + (C)(i) The Department of Homeland Security; or + (ii) the Industrial Control Systems Cyber Emergency + Response Team. + (D) The North American Electric Reliability + Corporation. + (E) The Nuclear Regulatory Commission. + (F)(i) The Office of the Director of National + Intelligence; or + (ii) the intelligence community (as defined in + section 3 of the National Security Act of 1947 (50 + U.S.C. 3003)). + (G)(i) The Department of Defense; or + (ii) the Assistant Secretary of Defense for + Homeland Security and America's Security Affairs. + (H) A State or regional energy agency. + (I) A national research body or academic + institution. + (J) The National Laboratories. + (d) Reports on the Program.-- + (1) Interim report.--Not later than 180 days after the date + on which funds are first disbursed under the Program, the + Secretary shall submit to the appropriate congressional + committees an interim report that-- + (A) describes the results of the Program; + (B) includes an analysis of the feasibility of each + method studied under the Program; and + (C) describes the results of the evaluations + conducted by the working group established under + subsection (c)(1). + (2) Final report.--Not later than 2 years after the date on + which funds are first disbursed under the Program, the + Secretary shall submit to the appropriate congressional + committees a final report that-- + (A) describes the results of the Program; + (B) includes an analysis of the feasibility of each + method studied under the Program; and + (C) describes the results of the evaluations + conducted by the working group established under + subsection (c)(1). + (e) Exemption From Disclosure.--Information shared by or with the +Federal Government or a State, Tribal, or local government under this +section-- + (1) shall be deemed to be voluntarily shared information; + (2) shall be exempt from disclosure under section 552 of + title 5, United States Code, or any provision of any State, + Tribal, or local freedom of information law, open government + law, open meetings law, open records law, sunshine law, or + similar law requiring the disclosure of information or records; + and + (3) shall be withheld from the public, without discretion, + under section 552(b)(3) of title 5, United States Code, and any + provision of any State, Tribal, or local law requiring the + disclosure of information or records. + (f) Protection From Liability.-- + (1) In general.--A cause of action against a covered entity + for engaging in the voluntary activities authorized under + subsection (b)-- + (A) shall not lie or be maintained in any court; + and + (B) shall be promptly dismissed by the applicable + court. + (2) Voluntary activities.--Nothing in this section subjects + any covered entity to liability for not engaging in the + voluntary activities authorized under subsection (b). + (g) No New Regulatory Authority for Federal Agencies.--Nothing in +this section authorizes the Secretary or the head of any other +department or agency of the Federal Government to issue new +regulations. + (h) Authorization of Appropriations.-- + (1) Pilot program.--There is authorized to be appropriated + $10,000,000 to carry out subsection (b). + (2) Working group and report.--There is authorized to be + appropriated $1,500,000 to carry out subsections (c) and (d). + (3) Availability.--Amounts made available under paragraphs + (1) and (2) shall remain available until expended. + +SEC. 10743. BUG BOUNTY PROGRAMS. + + (a) Definitions.--In this section: + (1) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Armed Services and the + Committee on Homeland Security and Governmental Affairs + of the Senate; and + (C) the Committee on Armed Services and the + Committee on Homeland Security of the House of + Representatives. + (2) Bug bounty program.--The term ``bug bounty program'' + means a program under which an approved computer security + specialist or security researcher is temporarily authorized to + identify and report vulnerabilities within the information + system of an agency or department of the United States in + exchange for compensation. + (3) Information system.--The term ``information system'' + has the meaning given that term in section 3502 of title 44, + United States Code. + (b) Bug Bounty Program Plan.-- + (1) Requirement.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Homeland Security, + in consultation with the Secretary of Defense, shall submit to + appropriate committees of Congress a strategic plan for + appropriate agencies and departments of the United States to + implement bug bounty programs. + (2) Contents.--The plan required by paragraph (1) shall + include-- + (A) an assessment of-- + (i) the ``Hack the Pentagon'' pilot program + carried out by the Department of Defense in + 2016 and subsequent bug bounty programs in + identifying and reporting vulnerabilities + within the information systems of the + Department of Defense; and + (ii) private sector bug bounty programs, + including such programs implemented by leading + technology companies in the United States; and + (B) recommendations on the feasibility of + initiating bug bounty programs at appropriate agencies + and departments of the United States. + +SEC. 10744. MODIFICATION OF AUTHORITIES RELATING TO THE NATIONAL + INTELLIGENCE UNIVERSITY. + + (a) Civilian Faculty Members; Employment and Compensation.-- + (1) In general.--Section 1595(c) of title 10, United States + Code, is amended by adding at the end the following: + ``(5) The National Intelligence University.''. + (2) Compensation plan.--The Secretary of Defense shall + provide each person employed as a full-time professor, + instructor, or lecturer at the National Intelligence University + on the date of the enactment of this Act an opportunity to + elect to be paid under the compensation plan in effect on the + day before the date of the enactment of this Act (with no + reduction in pay) or under the authority of section 1595 of + title 10, United States Code, as amended by paragraph (1). + (b) Acceptance of Faculty Research Grants.--Section 2161 of such +title is amended by adding at the end the following: + ``(d) Acceptance of Faculty Research Grants.--The Secretary of +Defense may authorize the President of the National Intelligence +University to accept qualifying research grants in the same manner and +to the same degree as the President of the National Defense University +under section 2165(e) of this title.''. + (c) Pilot Program on Admission of Private Sector Civilians to +Receive Instruction.-- + (1) Pilot program required.-- + (A) In general.--Not later than 180 days after the + date of the enactment of this Act, the Secretary of + Defense shall commence carrying out a pilot program to + assess the feasability and advisability of permitting + eligible private sector employees who work in + organizations relevant to national security to receive + instruction at the National Intelligence University. + (B) Duration.--The Secretary shall carry out the + pilot program during the 3-year period beginning on the + date of the commencement of the pilot program. + (C) Existing program.--The Secretary shall carry + out the pilot program in a manner that is consistent + with section 2167 of title 10, United States Code. + (D) Number of participants.--No more than the + equivalent of 35 full-time student positions may be + filled at any one time by private sector employees + enrolled under the pilot program. + (E) Diplomas and degrees.--Upon successful + completion of the course of instruction in which + enrolled, any such private sector employee may be + awarded an appropriate diploma or degree under section + 2161 of title 10, United States Code. + (2) Eligible private sector employees.-- + (A) In general.--For purposes of this subsection, + an eligible private sector employee is an individual + employed by a private firm that is engaged in providing + to the Department of Defense, the intelligence + community, or other Government departments or agencies + significant and substantial intelligence or defense- + related systems, products, or services or whose work + product is relevant to national security policy or + strategy. + (B) Limitation.--Under this subsection, a private + sector employee admitted for instruction at the + National Intelligence University remains eligible for + such instruction only so long as that person remains + employed by the same firm, holds appropriate security + clearances, and complies with any other applicable + security protocols. + (3) Annual certification by secretary of defense.--Under + the pilot program, private sector employees may receive + instruction at the National Intelligence University during any + academic year only if, before the start of that academic year, + the Secretary of Defense determines, and certifies to the + Committee on Armed Services of the Senate and the Committee on + Armed Services of the House of Representatives, that providing + instruction to private sector employees under this section + during that year will further the national security interests + of the United States. + (4) Pilot program requirements.--The Secretary of Defense + shall ensure that-- + (A) the curriculum in which private sector + employees may be enrolled under the pilot program is + not readily available through other schools and + concentrates on national security-relevant issues; and + (B) the course offerings at the National + Intelligence University are determined by the needs of + the Department of Defense and the intelligence + community. + (5) Tuition.--The President of the National Intelligence + University shall charge students enrolled under the pilot + program a rate that-- + (A) is at least the rate charged for employees of + the United States outside the Department of Defense, + less infrastructure costs; and + (B) considers the value to the school and course of + the private sector student. + (6) Standards of conduct.--While receiving instruction at + the National Intelligence University, students enrolled under + the pilot program, to the extent practicable, are subject to + the same regulations governing academic performance, + attendance, norms of behavior, and enrollment as apply to + Government civilian employees receiving instruction at the + university. + (7) Use of funds.-- + (A) In general.--Amounts received by the National + Intelligence University for instruction of students + enrolled under the pilot program shall be retained by + the university to defray the costs of such instruction. + (B) Records.--The source, and the disposition, of + such funds shall be specifically identified in records + of the university. + (8) Reports.-- + (A) Annual reports.--Each academic year in which + the pilot program is carried out, the Secretary shall + submit to the congressional intelligence committees, + the Committee on Armed Services of the Senate, and the + Committee on Armed Services of the House of + Representatives a report on the number of eligible + private sector employees participating in the pilot + program. + (B) Final report.--Not later than 90 days after the + date of the conclusion of the pilot program, the + Secretary shall submit to the congressional + intelligence committees, the Committee on Armed + Services of the Senate, and the Committee on Armed + Services of the House of Representatives a report on + the findings of the Secretary with respect to the pilot + program. Such report shall include-- + (i) the findings of the Secretary with + respect to the feasability and advisability of + permitting eligible private sector employees + who work in organizations relevant to national + security to receive instruction at the National + Intelligence University; and + (ii) a recommendation as to whether the + pilot program should be extended. + +SEC. 10745. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY + ACT OF 1947. + + (a) Table of Contents.--The table of contents at the beginning of +the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended-- + (1) by inserting after the item relating to section 2 the + following new item: + +``Sec. 3. Definitions.''; + (2) by striking the item relating to section 107; + (3) by striking the item relating to section 113B and + inserting the following new item: + +``Sec. 113B. Special pay authority for science, technology, + engineering, or mathematics positions.''; + (4) by striking the items relating to sections 202, 203, + 204, 208, 209, 210, 211, 212, 213, and 214; and + (5) by inserting after the item relating to section 311 the + following new item: + +``Sec. 312. Repealing and saving provisions.''. + (b) Other Technical Corrections.--Such Act is further amended-- + (1) in section 102A-- + (A) in subparagraph (G) of paragraph (1) of + subsection (g), by moving the margins of such + subparagraph 2 ems to the left; and + (B) in paragraph (3) of subsection (v), by moving + the margins of such paragraph 2 ems to the left; + (2) in section 106-- + (A) by inserting ``sec. 106'' before ``(a)''; and + (B) in subparagraph (I) of paragraph (2) of + subsection (b), by moving the margins of such + subparagraph 2 ems to the left; + (3) by striking section 107; + (4) in section 108(c), by striking ``in both a classified + and an unclassified form'' and inserting ``to Congress in + classified form, but may include an unclassified summary''; + (5) in section 112(c)(1), by striking ``section 103(c)(7)'' + and inserting ``section 102A(i)''; + (6) by amending section 201 to read as follows: + +``SEC. 201. DEPARTMENT OF DEFENSE. + + ``Except to the extent inconsistent with the provisions of this Act +or other provisions of law, the provisions of title 5, United States +Code, shall be applicable to the Department of Defense.''; + (7) in section 205, by redesignating subsections (b) and + (c) as subsections (a) and (b), respectively; + (8) in section 206, by striking ``(a)''; + (9) in section 207, by striking ``(c)''; + (10) in section 308(a), by striking ``this Act'' and + inserting ``sections 2, 101, 102, 103, and 303 of this Act''; + (11) by redesignating section 411 as section 312; + (12) in section 503-- + (A) in paragraph (5) of subsection (c)-- + (i) by moving the margins of such paragraph + 2 ems to the left; and + (ii) by moving the margins of subparagraph + (B) of such paragraph 2 ems to the left; and + (B) in paragraph (2) of subsection (d), by moving + the margins of such paragraph 2 ems to the left; and + (13) in subparagraph (B) of paragraph (3) of subsection (a) + of section 504, by moving the margins of such subparagraph 2 + ems to the right. + +SEC. 10746. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY. + + (a) National Nuclear Security Administration Act.--Section 3233(b) +of the National Nuclear Security Administration Act (50 U.S.C. 2423(b)) +is amended-- + (1) by striking ``Administration'' and inserting + ``Department''; and + (2) by inserting ``Intelligence and'' after ``the Office + of''. + (b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic +Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting +``Intelligence and'' after ``The Director of''. + (c) National Security Act of 1947.--Paragraph (2) of section 106(b) +of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is +amended-- + (1) in subparagraph (E), by inserting ``and + Counterintelligence'' after ``Office of Intelligence''; + (2) by striking subparagraph (F); + (3) by redesignating subparagraphs (G), (H), and (I) as + subparagraphs (F), (G), and (H), respectively; and + (4) in subparagraph (H), as so redesignated, by realigning + the margin of such subparagraph 2 ems to the left. + +SEC. 10747. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN DISCLOSURES OF + CLASSIFIED INFORMATION. + + (a) Definitions.--In this section: + (1) Adversary foreign government.--The term ``adversary + foreign government'' means the government of any of the + following foreign countries: + (A) North Korea. + (B) Iran. + (C) China. + (D) Russia. + (E) Cuba. + (2) Covered classified information.--The term ``covered + classified information'' means classified information that + was-- + (A) collected by an element of the intelligence + community; or + (B) provided by the intelligence service or + military of a foreign country to an element of the + intelligence community. + (3) Established intelligence channels.--The term + ``established intelligence channels'' means methods to exchange + intelligence to coordinate foreign intelligence relationships, + as established pursuant to law by the Director of National + Intelligence, the Director of the Central Intelligence Agency, + the Director of the National Security Agency, or other head of + an element of the intelligence community. + (4) Individual in the executive branch.--The term + ``individual in the executive branch'' means any officer or + employee of the executive branch, including individuals-- + (A) occupying a position specified in article II of + the Constitution; + (B) appointed to a position by an individual + described in subparagraph (A); or + (C) serving in the civil service or the Senior + Executive Service (or similar service for senior + executives of particular departments or agencies). + (b) Findings.--Congress finds that section 502 of the National +Security Act of 1947 (50 U.S.C. 3092) requires elements of the +intelligence community to keep the congressional intelligence +committees ``fully and currently informed'' about all ``intelligence +activities'' of the United States, and to ``furnish to the +congressional intelligence committees any information or material +concerning intelligence activities * * * which is requested by either +of the congressional intelligence committees in order to carry out its +authorized responsibilities.''. + (c) Sense of Congress.--It is the sense of Congress that-- + (1) section 502 of the National Security Act of 1947 (50 + U.S.C. 3092), together with other intelligence community + authorities, obligates an element of the intelligence community + to submit to the congressional intelligence committees written + notification, by not later than 7 days after becoming aware, + that an individual in the executive branch has disclosed + covered classified information to an official of an adversary + foreign government using methods other than established + intelligence channels; and + (2) each such notification should include-- + (A) the date and place of the disclosure of + classified information covered by the notification; + (B) a description of such classified information; + (C) identification of the individual who made such + disclosure and the individual to whom such disclosure + was made; and + (D) a summary of the circumstances of such + disclosure. + +SEC. 10748. SENSE OF CONGRESS ON CONSIDERATION OF ESPIONAGE ACTIVITIES + WHEN CONSIDERING WHETHER OR NOT TO PROVIDE VISAS TO + FOREIGN INDIVIDUALS TO BE ACCREDITED TO A UNITED NATIONS + MISSION IN THE UNITED STATES. + + It is the sense of the Congress that the Secretary of State, in +considering whether or not to provide a visa to a foreign individual to +be accredited to a United Nations mission in the United States, should +consider-- + (1) known and suspected intelligence activities, espionage + activities, including activities constituting precursors to + espionage, carried out by the individual against the United + States, foreign allies of the United States, or foreign + partners of the United States; and + (2) the status of an individual as a known or suspected + intelligence officer for a foreign adversary. + +SEC. 10749. SENSE OF CONGRESS ON WIKILEAKS. + + It is the sense of Congress that WikiLeaks and the senior +leadership of WikiLeaks resemble a nonstate hostile intelligence +service often abetted by state actors and should be treated as such a +service by the United States. + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1790 + +_______________________________________________________________________ + + AN ACT + + 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. From 569ee9ab3ba3bdf73ed65fdf43c950fc4bf134c3 Mon Sep 17 00:00:00 2001 From: "Sen. Inhofe, James M. [R-OK]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 841/984] Senate-1790: Enrolled --- bills_text/Senate-1790.txt | 103423 ++++++++++++++++++++-------------- 1 file changed, 60232 insertions(+), 43191 deletions(-) diff --git a/bills_text/Senate-1790.txt b/bills_text/Senate-1790.txt index c26ce3e..6c6f91d 100644 --- a/bills_text/Senate-1790.txt +++ b/bills_text/Senate-1790.txt @@ -1,41 +1,43 @@ -116th CONGRESS - 1st Session - S. 1790 + S.1790 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - 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. +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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2020''. - SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. - - (a) Divisions.--This Act is organized into seven divisions as + (a) Divisions.--This Act is organized into four divisions as follows: - (1) Division A--Department of Defense Authorizations. - (2) Division B--Military Construction Authorizations. - (3) Division C--Department of Energy National Security - Authorizations and Other Authorizations. - (4) Division D--Funding Tables. - (5) Division E--Additional Provisions. - (6) Division F--Intelligence Authorizations for Fiscal Year - 2020. - (7) Division G--Intelligence Authorizations for Fiscal Year - 2018 and 2019. + (1) Division A--Department of Defense Authorizations. + (2) Division B--Military Construction Authorizations. + (3) Division C--Department of Energy National Security + Authorizations and Other Authorizations. + (4) Division D--Funding Tables. + (5) Division E--Intelligence Authorizations for Fiscal Years + 2018, 2019, and 2020. + (6) Division F--Other Matters. (b) Table of Contents.--The table of contents for this Act is as follows: @@ -43,2202 +45,2827 @@ Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. + DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT - Subtitle A--Authorization of Appropriations + Subtitle A--Authorization Of Appropriations Sec. 101. Authorization of appropriations. - Subtitle B--Army Programs -Sec. 111. Sense of Senate on Army's approach to Capability Drops 1 and - 2 of the Distributed Common Ground System- - Army program. -Sec. 112. Authority of the Secretary of the Army to waive certain - limitations related to the Distributed - Common Ground System-Army Increment 1. - Subtitle C--Navy Programs + Subtitle B--Army Programs + +Sec. 111. Authority of the Secretary of the Army to waive certain + limitations related to the Distributed Common Ground System- + Army Increment 1. + + Subtitle C--Navy Programs + +Sec. 121. Ford-class aircraft carrier cost limitation baselines. +Sec. 122. Modification of annual report on cost targets for certain + aircraft carriers. +Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis + and U.S.S. Harry S. Truman. +Sec. 124. Ford class aircraft carrier support for F-35C aircraft. +Sec. 125. Prohibition on use of funds for reduction of aircraft carrier + force structure. +Sec. 126. Modification of prohibition on availability of funds for Navy + waterborne security barriers. +Sec. 127. LHA Replacement Amphibious Assault Ship Program. +Sec. 128. Strategic sealift fleet vessel. +Sec. 129. Design and construction of amphibious transport dock + designated LPD-31. +Sec. 130. Limitation on availability of funds for the Littoral Combat + Ship. +Sec. 131. Limitation on the next new class of Navy large surface + combatants. +Sec. 132. Limitation on availability of funds pending quarterly updates + on the CH-53K King Stallion helicopter program. +Sec. 133. Limitation on availability of funds for VH-92A helicopter. +Sec. 134. Report on carrier wing and aviation combat element + composition. -Sec. 121. Modification of prohibition on availability of funds for Navy - waterborne security barriers. -Sec. 122. Capabilities based assessment for naval vessels that carry - fixed-wing aircraft. -Sec. 123. Ford-class aircraft carrier cost limitation baselines. -Sec. 124. Design and construction of amphibious transport dock - designated LPD-31. -Sec. 125. LHA Replacement Amphibious Assault Ship Program. -Sec. 126. Limitation on availability of funds for the Littoral Combat - Ship. -Sec. 127. Limitation on the next new class of Navy large surface - combatants. -Sec. 128. Refueling and complex overhauls of the U.S.S. John C. Stennis - and U.S.S. Harry S. Truman. -Sec. 129. Report on carrier wing composition. Subtitle D--Air Force Programs -Sec. 141. Requirement to align Air Force fighter force structure with - National Defense Strategy and reports. -Sec. 142. Requirement to establish the use of an Agile DevOps software - development solution as an alternative for - Joint Strike Fighter Autonomic Logistics - Information System. -Sec. 143. Report on feasibility of multiyear contract for procurement - of JASSM-ER missiles. -Sec. 144. Air Force aggressor squadron modernization. -Sec. 145. Air Force plan for Combat Rescue Helicopter fielding. -Sec. 146. Military type certification for AT-6 and A-29 light attack - experimentation aircraft. - Subtitle E--Defense-wide, Joint, and Multiservice Matters - -Sec. 151. Limitation on availability of funds for communications - systems lacking certain resiliency - features. -Sec. 152. F-35 sustainment cost. -Sec. 153. Economic order quantity contracting authority for F-35 Joint - Strike Fighter program. -Sec. 154. Repeal of tactical unmanned vehicle common data link - requirement. - TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION - - Subtitle A--Authorization of Appropriations +Sec. 141. Modification of requirement to preserve certain C-5 aircraft. +Sec. 142. OC-135B aircraft recapitalization program. +Sec. 143. Requirement to align Air Force aviation force structure with + National Defense Strategy. +Sec. 144. Prohibition on availability of funds for reduction in KC-10 + primary mission aircraft inventory. +Sec. 145. Limitation on availability of funds for F-15EX aircraft. +Sec. 146. Limitation on availability of funds for VC-25B aircraft. +Sec. 147. Limitation on availability of funds for RC-26B aircraft. +Sec. 148. Limitation on availability of funds for retirement of RC-135 + aircraft. +Sec. 149. Air Force aggressor squadron modernization. +Sec. 150. Air Force plan for Combat Rescue Helicopter fielding. +Sec. 151. Report on feasibility of multiyear contract for procurement of + JASSM-ER missiles. +Sec. 152. Report on aircraft fleet of the Civil Air Patrol. +Sec. 153. Sense of Congress on the light attack aircraft initiative of + the Air Force. + + Subtitle E--Defense-wide, Joint, and Multiservice Matters + +Sec. 161. Economic order quantity contracting and buy-to-budget + acquisition for F-35 aircraft program. +Sec. 162. Relief from contractors for failure to deliver ready-for-issue + spare parts for the F-35 aircraft program. +Sec. 163. Limitation on availability of funds for reallocation of + Turkish F-35A aircraft to the United States. +Sec. 164. Requirement to establish the use of an Agile DevOps software + development solution as an alternative for Joint Strike + Fighter Autonomic Logistics Information System. +Sec. 165. F-35 sustainment cost. +Sec. 166. Reports on the progress and performance of the F-35 aircraft + program. +Sec. 167. Other reports on the F-35 aircraft program. +Sec. 168. Limitation on availability of funds for communications systems + lacking certain resiliency features. +Sec. 169. Repeal of tactical unmanned vehicle common data link + requirement. + + TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + + Subtitle A--Authorization of Appropriations Sec. 201. Authorization of appropriations. - Subtitle B--Program Requirements, Restrictions, and Limitations -Sec. 211. Development and acquisition strategy to procure secure, low - probability of detection data link network - capability. -Sec. 212. Establishment of secure next-generation wireless network (5G) - infrastructure for the Nevada Test and - Training Range and base infrastructure. -Sec. 213. Limitation and report on Indirect Fire Protection Capability - Increment 2 enduring capability. -Sec. 214. Electromagnetic spectrum sharing research and development - program. -Sec. 215. Sense of the Senate on the Advanced Battle Management System. -Sec. 216. Modification of proof of concept commercialization program. -Sec. 217. Modification of Defense quantum information science and - technology research and development - program. -Sec. 218. Technology and National Security Fellowship. -Sec. 219. Direct Air Capture and Blue Carbon Removal Technology - Program. - Subtitle C--Reports and Other Matters + Subtitle B--Program Requirements, Restrictions, and Limitations + +Sec. 211. Program on enhancement of preparation of dependents of members + of Armed Forces for careers in science, technology, + engineering, and mathematics. +Sec. 212. Updates to the Department of Defense personnel management + authority to attract experts in science and engineering. +Sec. 213. Establishment of joint reserve detachment of the Defense + Innovation Unit. +Sec. 214. Research and educational programs and activities for + Historically Black Colleges and Universities and Minority- + Serving Institutions of Higher Education. +Sec. 215. Modification of authority for prizes for advanced technology + achievements. +Sec. 216. Joint hypersonics transition office. +Sec. 217. Modification of proof of concept commercialization program. +Sec. 218. Modification of authority and addition of technology areas for + expedited access to technical talent. +Sec. 219. Expansion of coordination in support of national security + innovation and entrepreneurial education. +Sec. 220. Modification of defense quantum information science and + technology research and development program. +Sec. 221. Understanding of investments in artificial intelligence and + development of capabilities by adversaries. +Sec. 222. Advisory role of JASON scientific advisory group. +Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program. +Sec. 224. Requiring defense microelectronics products and services meet + trusted supply chain and operational security standards. +Sec. 225. Development and acquisition strategy to procure secure, low + probability of detection data link network capability. +Sec. 226. Establishment of secure next-generation wireless network (5G) + infrastructure for the Nevada Test and Training Range and base + infrastructure. +Sec. 227. Administration of manufacturing innovation institutes funded + by the Department of Defense. +Sec. 228. Research program on foreign malign influence operations. +Sec. 229. Diversification of the research and engineering workforce of + the Department of Defense. +Sec. 230. Policy on the talent management of digital expertise and + software professionals. +Sec. 231. Digital engineering capability to automate testing and + evaluation. +Sec. 232. Process to align policy formulation and emerging technology + development. +Sec. 233. Improvement of the Strategic Capabilities Office of the + Department of Defense. +Sec. 234. Pilot program on enhanced civics education. +Sec. 235. Technology and national security fellowship. +Sec. 236. Documentation relating to the Advanced Battle Management + System. +Sec. 237. Sensor data integration for fifth generation aircraft. +Sec. 238. Sense of Congress on future vertical lift technologies. +Sec. 239. Use of funds for Strategic Environmental Research Program, + Environmental Security Technical Certification Program, and + Operational Energy Capability Improvement. +Sec. 240. Limitation and report on Indirect Fire Protection Capability + Increment 2 capability. + + Subtitle C--Plans, Reports, and Other Matters + +Sec. 251. Master plan for implementation of authorities relating to + science and technology reinvention laboratories. +Sec. 252. Infrastructure to support research, development, test, and + evaluation missions. +Sec. 253. Energetics plan. +Sec. 254. Strategy and implementation plan for fifth generation + information and communications technologies. +Sec. 255. Department-wide software science and technology strategy. +Sec. 256. Artificial intelligence education strategy. +Sec. 257. Cyber science and technology activities roadmap and reports. +Sec. 258. Report on B-52 commercial engine replacement program. +Sec. 259. Commercial edge computing technologies and best practices for + Department of Defense warfighting systems. +Sec. 260. Biannual report on the Joint Artificial Intelligence Center. +Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle + program. +Sec. 262. National Study on Defense Research At Historically Black + Colleges and Universities and Other Minority Institutions. +Sec. 263. Study on national security emerging biotechnologies for the + Department of Defense. +Sec. 264. Independent study on optimizing resources allocated to + Combating Terrorism Technical Support Office. +Sec. 265. Independent assessment of electronic warfare plans and + programs. +Sec. 266. Technical correction to Global Research Watch Program. -Sec. 231. National security emerging biotechnologies research and - development program. -Sec. 232. Cyber science and technology activities roadmap and reports. -Sec. 233. Requiring certain microelectronics products and services meet - trusted supply chain and operational - security standards. -Sec. 234. Technical correction to Global Research Watch Program. -Sec. 235. Additional technology areas for expedited access to technical - talent. -Sec. 236. Sense of the Senate and periodic briefings on the security - and availability of fifth-generation (5G) - wireless network technology and production. -Sec. 237. Transfer of Combating Terrorism Technical Support Office. -Sec. 238. Briefing on cooperative defense technology programs and risks - of technology transfer to China or Russia. -Sec. 239. Modification of authority for prizes for advanced technology - achievements. -Sec. 240. Use of funds for Strategic Environmental Research Program, - Environmental Security Technical - Certification Program, and Operational - Energy Capability Improvement. -Sec. 241. Funding for the Sea-Launched Cruise Missile-Nuclear analysis - of alternatives. -Sec. 242. Review and assessment pertaining to transition of Department - of Defense-originated dual-use technology. TITLE III--OPERATION AND MAINTENANCE - Subtitle A--Authorization of Appropriations + Subtitle A--Authorization of Appropriations Sec. 301. Authorization of appropriations. - Subtitle B--Energy and Environment -Sec. 311. Use of operational energy cost savings of Department of - Defense. -Sec. 312. Use of proceeds from sales of electrical energy generated - from geothermal resources. -Sec. 313. Energy resilience programs and activities. -Sec. 314. Native American Indian lands environmental mitigation - program. -Sec. 315. Reimbursement of Environmental Protection Agency for certain - costs in connection with the Twin Cities - Army Ammunition Plant, Minnesota. -Sec. 316. Prohibition on use of perfluoroalkyl substances and - polyfluoroalkyl substances for land-based - applications of firefighting foam. -Sec. 317. Transfer authority for funding of study and assessment on - health implications of per- and - polyfluoroalkyl substances contamination in - drinking water by Agency for Toxic - Substances and Disease Registry. -Sec. 318. Cooperative agreements with States to address contamination - by perfluoroalkyl and polyfluoroalkyl - substances. -Sec. 319. Modification of Department of Defense environmental - restoration authorities to include Federal - Government facilities used by National - Guard. -Sec. 320. Budgeting of Department of Defense relating to extreme - weather. -Sec. 321. Pilot program for availability of working-capital funds for - increased combat capability through energy - optimization. -Sec. 322. Report on efforts to reduce high energy intensity at military - installations. -Sec. 323. Technical and grammatical corrections and repeal of obsolete - provisions relating to energy. - Subtitle C--Logistics and Sustainment - -Sec. 331. Requirement for memoranda of understanding between the Air - Force and the Navy regarding depot - maintenance. -Sec. 332. Modification to limitation on length of overseas forward - deployment of naval vessels. - Subtitle D--Reports - -Sec. 341. Report on modernization of Joint Pacific Alaska Range - Complex. - Subtitle E--Other Matters - -Sec. 351. Strategy to improve infrastructure of certain depots of the - Department of Defense. -Sec. 352. Limitation on use of funds regarding the basing of KC-46A - aircraft outside the continental United - States. -Sec. 353. Prevention of encroachment on military training routes and - military operations areas. -Sec. 354. Expansion and enhancement of authorities on transfer and - adoption of military animals. -Sec. 355. Limitation on contracting relating to Defense Personal - Property Program. -Sec. 356. Prohibition on subjective upgrades by commanders of unit - ratings in monthly readiness reporting on - military units. -Sec. 357. Extension of temporary installation reutilization authority - for arsenals, depots, and plants. -Sec. 358. Clarification of food ingredient requirements for food or - beverages provided by the Department of - Defense. -Sec. 359. Technical correction to deadline for transition to Defense - Readiness Reporting System Strategic. - TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS + Subtitle B--Energy and Environment - Subtitle A--Active Forces +Sec. 311. Timeline for Clearinghouse review of applications for energy + projects that may have an adverse impact on military + operations and readiness. +Sec. 312. Authority to accept contributions of funds from applicants for + energy projects for mitigation of impacts on military + operations and readiness. +Sec. 313. Use of proceeds from sale of recyclable materials. +Sec. 314. Disposal of recyclable materials. +Sec. 315. Department of Defense improvement of previously conveyed + utility systems serving military installations. +Sec. 316. Modification of Department of Defense environmental + restoration authorities to include Federal Government + facilities used by National Guard. +Sec. 317. Use of operational energy cost savings of Department of + Defense. +Sec. 318. Sale of electricity from alternate energy and cogeneration + production facilities. +Sec. 319. Energy resilience programs and activities. +Sec. 320. Technical and grammatical corrections and repeal of obsolete + provisions relating to energy. +Sec. 321. Transfer authority for funding of study and assessment on + health implications of per- and polyfluoroalkyl substances + contamination in drinking water by Agency for Toxic Substances + and Disease Registry. +Sec. 322. Replacement of fluorinated aqueous film-forming foam with + fluorine-free fire-fighting agent. +Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous + film-forming foam at military installations. +Sec. 324. Prohibition on use of fluorinated aqueous film forming foam + for training exercises. +Sec. 325. Real-time sound-monitoring at Navy installations where + tactical fighter aircraft operate. +Sec. 326. Development of extreme weather vulnerability and risk + assessment tool. +Sec. 327. Removal of barriers that discourage investments to increase + military installation resilience. +Sec. 328. Budgeting of Department of Defense relating to extreme + weather. +Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl + Substances in Meals Ready-to-Eat Food Packaging. +Sec. 330. Disposal of materials containing per- and polyfluoroalkyl + substances or aqueous film-forming foam. +Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl + and polyfluoroalkyl substances and other contaminants of + concern. +Sec. 332. Cooperative agreements with States to address contamination by + perfluoroalkyl and polyfluoroalkyl substances. +Sec. 333. Plan to phase out use of burn pits. +Sec. 334. Information relating to locations of burn pit use. +Sec. 335. Data quality review of radium testing conducted at certain + locations of the Department of the Navy. +Sec. 336. Reimbursement of Environmental Protection Agency for certain + costs in connection with the Twin Cities Army Ammunition + Plant, Minnesota. +Sec. 337. Pilot program for availability of working-capital funds for + increased combat capability through energy optimization. +Sec. 338. Report on efforts to reduce high energy intensity at military + installations. + + Subtitle C--Treatment of Contaminated Water Near Military Installations + +Sec. 341. Short title. +Sec. 342. Definitions. +Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid + (PFOA) and perfluorooctane sulfonate (PFOS) for agricultural + purposes. +Sec. 344. Acquisition of real property by Air Force. +Sec. 345. Remediation plan. + + Subtitle D--Logistics and Sustainment + +Sec. 351. Materiel readiness metrics and objectives. +Sec. 352. Clarification of authority regarding use of working-capital + funds for unspecified minor military construction projects + related to revitalization and recapitalization of defense + industrial base facilities. +Sec. 353. Modification to limitation on length of overseas forward + deployment of naval vessels. +Sec. 354. Extension of temporary installation reutilization authority + for arsenals, depots, and plants. +Sec. 355. F-35 Joint Strike Fighter sustainment. +Sec. 356. Report on strategic policy for prepositioned materiel and + equipment. +Sec. 357. Pilot program to train skilled technicians in critical + shipbuilding skills. +Sec. 358. Requirement for military department inter-service depot + maintenance. +Sec. 359. Strategy to improve infrastructure of certain depots of the + Department of Defense. + + Subtitle E--Reports + +Sec. 361. Readiness reporting. +Sec. 362. Technical correction to deadline for transition to Defense + Readiness Reporting System Strategic. +Sec. 363. Report on Navy ship depot maintenance budget. +Sec. 364. Report on Runit Dome. +Sec. 365. Prohibition on subjective upgrades by commanders of unit + ratings in monthly readiness reporting on military units. +Sec. 366. Requirement to include foreign language proficiency in + readiness reporting systems of Department of Defense. + + Subtitle F--Other Matters + +Sec. 371. Prevention of encroachment on military training routes and + military operations areas. +Sec. 372. Expansion and enhancement of authorities on transfer and + adoption of military animals. +Sec. 373. Extension of authority for Secretary of Defense to use + Department of Defense reimbursement rate for transportation + services provided to certain non-Department of Defense + entities. +Sec. 374. Extension of authority of Secretary of Transportation to issue + non-premium aviation insurance. +Sec. 375. Defense personal property program. +Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility. +Sec. 377. Sense of Congress regarding Innovative Readiness Training + program. +Sec. 378. Detonation chambers for explosive ordnance disposal. + + TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS + + Subtitle A--Active Forces Sec. 401. End strengths for active forces. +Sec. 402. Revisions in permanent active duty end strength minimum + levels. + Subtitle B--Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the - reserves. + reserves. Sec. 413. End strengths for military technicians (dual status). -Sec. 414. Maximum number of reserve personnel authorized to be on - active duty for operational support. -Sec. 415. Authorized strengths for Marine Corps Reserves on active - duty. - Subtitle C--Authorization of Appropriations +Sec. 414. Maximum number of reserve personnel authorized to be on active + duty for operational support. +Sec. 415. Authorized strengths for Marine Corps Reserves on active duty. +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. + + Subtitle C--Authorization of Appropriations Sec. 421. Military personnel. + TITLE V--MILITARY PERSONNEL POLICY Subtitle A--Officer Personnel Policy -Sec. 501. Repeal of codified specification of authorized strengths of - certain commissioned officers on active - duty. -Sec. 502. Maker of original appointments in a regular or reserve - component of commissioned officers - previously subject to original appointment - in other type of component. -Sec. 503. Furnishing of adverse information on officers to promotion - selection boards. -Sec. 504. Limitation on number of officers recommendable for promotion - by promotion selection boards. -Sec. 505. Expansion of authority for continuation on active duty of - officers in certain military specialties - and career tracks. -Sec. 506. Higher grade in retirement for officers following reopening - of determination or certification of - retired grade. -Sec. 507. Availability on the Internet of certain information about - officers serving in general or flag officer - grades. - Subtitle B--Reserve Component Management - -Sec. 511. Repeal of requirement for review of certain Army Reserve - officer unit vacancy promotions by - commanders of associated active duty units. - Subtitle C--General Service Authorities - -Sec. 515. Modification of authorities on management of deployments of - members of the Armed Forces and related - unit operating and personnel tempo matters. -Sec. 516. Repeal of requirement that parental leave be taken in one - increment. -Sec. 517. Digital engineering as a core competency of the Armed Forces. -Sec. 518. Modification of notification on manning of afloat naval - forces. -Sec. 519. Report on expansion of the Close Airman Support team approach - of the Air Force to the other Armed Forces. - Subtitle D--Military Justice and Related Matters - -PART I--Matters Relating to Investigation, Prosecution, and Defense of - Sexual Assault Generally - -Sec. 521. Department of Defense-wide policy and military department- - specific programs on reinvigoration of the - prevention of sexual assault involving - members of the Armed Forces. -Sec. 522. Enactment and expansion of policy on withholding of initial - disposition authority for certain offenses - under the Uniform Code of Military Justice. -Sec. 523. Training for Sexual Assault Initial Disposition Authorities - on exercise of disposition authority for - sexual assault and collateral offenses. -Sec. 524. Expansion of responsibilities of commanders for victims of - sexual assault committed by another member - of the Armed Forces. -Sec. 525. Training for commanders in the Armed Forces on their role in - all stages of military justice in - connection with sexual assault. -Sec. 526. Notice to victims of alleged sexual assault of pendency of - further administrative action following a - determination not to refer to trial by - court-martial. -Sec. 527. Safe to report policy applicable across the Armed Forces. -Sec. 528. Report on expansion of Air Force safe to report policy across - the Armed Forces. -Sec. 529. Proposal for separate punitive article in the Uniform Code of - Military Justice on sexual harassment. -Sec. 530. Treatment of information in Catch a Serial Offender Program - for certain purposes. -Sec. 531. Report on preservation of recourse to restricted report on - sexual assault for victims of sexual - assault following certain victim or third- - party communications. -Sec. 532. Authority for return of personal property to victims of - sexual assault who file a Restricted Report - before conclusion of related proceedings. -Sec. 533. Extension of Defense Advisory Committee on Investigation, - Prosecution, and Defense of Sexual Assault - in the Armed Forces. -Sec. 534. Defense Advisory Committee for the Prevention of Sexual - Misconduct. -Sec. 535. Independent reviews and assessments on race and ethnicity in - the investigation, prosecution, and defense - of sexual assault in the Armed Forces. -Sec. 536. Report on mechanisms to enhance the integration and - synchronization of activities of Special - Victim Investigation and Prosecution - personnel with activities of military - criminal investigative organizations. -Sec. 537. Comptroller General of the United States report on - implementation by the Armed Forces of - recent statutory requirements on sexual - assault prevention and response in the - military. - PART II--Special Victims' Counsel Matters - -Sec. 541. Legal assistance by Special Victims' Counsel for victims of - alleged domestic violence offenses. -Sec. 542. Other Special Victims' Counsel matters. -Sec. 543. Availability of Special Victims' Counsel at military - installations. -Sec. 544. Training for Special Victims' Counsel on civilian criminal - justice matters in the States of the - military installations to which assigned. - PART III--Boards for Correction of Military Records and Discharge - Review Board Matters - -Sec. 546. Repeal of 15-year statute of limitations on motions or - requests for review of discharge or - dismissal from the Armed Forces. -Sec. 547. Reduction in required number of members of discharge review - boards. -Sec. 548. Enhancement of personnel on boards for the correction of - military records and discharge review - boards. -Sec. 549. Inclusion of intimate partner violence and spousal abuse - among supporting rationales for certain - claims for corrections of military records - and discharge review. -Sec. 550. Advice and counsel of trauma experts in review by boards for - correction of military records and - discharge review boards of certain claims. -Sec. 551. Training of members of boards for correction of military - records and discharge review boards on - sexual trauma, intimate partner violence, - spousal abuse, and related matters. -Sec. 552. Limitations and requirements in connection with separations - for members of the Armed Forces who suffer - from mental health conditions in connection - with a sex-related, intimate partner - violence-related, or spousal-abuse offense. -Sec. 553. Liberal consideration of evidence in certain claims by boards - for the correction of military records and - discharge review boards. - PART IV--Other Military Justice Matters - -Sec. 555. Expansion of pre-referral matters reviewable by military - judges and military magistrates in the - interest of efficiency in military justice. -Sec. 556. Policies and procedures on registration at military - installations of civilian protective orders - applicable to members of the Armed Forces - assigned to such installations and certain - other individuals. -Sec. 557. Increase in number of digital forensic examiners for the - military criminal investigative - organizations. -Sec. 558. Survey of members of the Armed Forces on their experiences - with military investigations and military - justice. -Sec. 559. Public access to dockets, filings, and court records of - courts-martial or other records of trial of - the military justice system. -Sec. 560. Pilot programs on defense investigators in the military - justice system. -Sec. 561. Report on military justice system involving alternative - authority for determining whether to prefer - or refer changes for felony offenses under - the Uniform Code of Military Justice. -Sec. 562. Report on standardization among the military departments in - collection and presentation of information - on matters within the military justice - system. -Sec. 563. Report on establishment of guardian ad litem program for - certain military dependents who are a - victim or witness of offenses under the - Uniform Code of Military Justice involving - abuse or exploitation. - Subtitle E--Member Education, Training, Transition, and Resilience - -Sec. 566. Consecutive service of service obligation in connection with - payment of tuition for off-duty training or - education for commissioned officers of the - Armed Forces with any other service - obligations. -Sec. 567. Authority for detail of certain enlisted members of the Armed - Forces as students at law schools. -Sec. 568. Connections of members retiring or separating from the Armed - Forces with community-based organizations - and related entities. -Subtitle F--Defense Dependents' Education and Military Family Readiness - Matters +Sec. 501. Maker of original appointments in a regular or reserve + component of commissioned officers previously subject to + original appointment in other type of component. +Sec. 502. Furnishing of adverse information on officers to promotion + selection boards. +Sec. 503. Limitation on number of officers recommendable for promotion + by promotion selection boards. +Sec. 504. Expansion of authority for continuation on active duty of + officers in certain military specialties and career tracks. +Sec. 505. Management policies for joint qualified officers. +Sec. 506. Modification of authorities on management of deployments of + members of the Armed Forces and related unit operating and + personnel tempo matters. +Sec. 507. Personnel tempo of the Armed Forces and the United States + Special Operations Command during periods of inapplicability + of high-deployment limitations. +Sec. 508. Permanent authority to defer past age 64 the retirement of + chaplains in general and flag officer grades. +Sec. 509. Higher grade in retirement for officers following reopening of + determination or certification of retired grade. +Sec. 510. Authority of promotion boards to recommend that officers of + particular merit be placed higher on promotion list. +Sec. 510A. Availability on the internet of certain information about + officers serving in general or flag officer grades. +Sec. 510B. Functional badge or insignia upon commission for chaplains. - PART I--Defense Dependents' Education Matters - -Sec. 571. Continuation of authority to assist local educational - agencies that benefit dependents of members - of the Armed Forces and Department of - Defense civilian employees. -Sec. 572. Impact aid for children with severe disabilities. -Sec. 573. Ri'katak Guest Student Program at United States Army - Garrison-Kwajalein Atoll. - PART II--Military Family Readiness Matters - -Sec. 576. Two-year extension of authority for reimbursement for State - licensure and certification costs of - spouses of members of the Armed Forces - arising from relocation to another State. -Sec. 577. Improvement of occupational license portability for military - spouses through interstate compacts. -Sec. 578. Modification of responsibility of the Office of Special Needs - for individualized service plans for - members of military families with special - needs. -Sec. 579. Clarifying technical amendment on direct hire authority for - the Department of Defense for childcare - services providers for Department child - development centers. -Sec. 580. Pilot program on information sharing between Department of - Defense and designated relatives and - friends of members of the Armed Forces - regarding the experiences and challenges of - military service. -Sec. 581. Briefing on use of Family Advocacy Programs to address - domestic violence. - Subtitle G--Decorations and Awards - -Sec. 585. Authorization for award of the Medal of Honor to John J. - Duffy for acts of valor in Vietnam. -Sec. 586. Standardization of honorable service requirement for award of - military decorations. -Sec. 587. Authority to award or present a decoration not previously - recommended in a timely fashion following a - review requested by Congress. -Sec. 588. Authority to make posthumous and honorary promotions and - appointments following a review requested - by Congress. - Subtitle H--Other Matters + Subtitle B--Reserve Component Management -Sec. 591. Military funeral honors matters. -Sec. 592. Inclusion of homeschooled students in Junior Reserve - Officers' Training Corps units. -Sec. 593. Sense of Senate on the Junior Reserve Officers' Training - Corps. - TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS +Sec. 511. Modification of grade level threshold for Junior Reserve + Officers' Training Corps. +Sec. 512. Inclusion of STEM in courses of instruction for the Junior + Reserve Officers' Training Corps. +Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers' + Training Corps units. +Sec. 514. Clarification of eligibility to serve as Commander, Marine + Forces Reserve. +Sec. 515. Extension and periodic evaluation of suicide prevention and + resilience program for the reserve components. +Sec. 516. Authority to defer mandatory separation at age 68 of officers + in medical specialties in the reserve components. +Sec. 517. Modernization of inspection authorities applicable to the + National Guard. +Sec. 518. Consultation with Chief of the National Guard Bureau in the + appointment or designation of National Guard property and + fiscal officers. +Sec. 519. Coast Guard Junior Reserve Officers' Training Corps. +Sec. 520. Repeal of requirement for review of certain Army Reserve + officer unit vacancy promotions by commanders of associated + active duty units. +Sec. 520A. Report on methods to enhance domestic response to large + scale, complex and catastrophic disasters. +Sec. 520B. Report and briefing on the Senior Reserve Officers' Training + Corps. +Sec. 520C. Sense of Congress on increase in number of Junior Reserve + Officers' Training Corps units. + + Subtitle C--General Service Authorities and Correction of Military + Records + +Sec. 521. Advice and counsel of trauma experts in review by boards for + correction of military records and discharge review boards of + certain claims. +Sec. 522. Reduction in required number of members of discharge review + boards. +Sec. 523. Establishment of process to review a request for upgrade of + discharge or dismissal. +Sec. 524. Prohibition on reduction in the number of personnel assigned + to duty with a service review agency. +Sec. 525. Training of members of boards for correction of military + records and discharge review boards on sexual trauma, intimate + partner violence, spousal abuse, and related matters. +Sec. 526. Time requirements for certification of honorable service. +Sec. 527. Correction of certain discharge characterizations. +Sec. 528. Development of guidelines for use of unofficial sources of + information to determine eligibility of members and former + members of the Armed Forces for decorations when the service + records are incomplete because of damage to the official + record. +Sec. 529. Strategic plan for diversity and inclusion. +Sec. 530. Study regarding screening individuals who seek to enlist in + the Armed Forces. +Sec. 530A. Feasibility study regarding notification to Secretary of + Homeland Security of honorable discharges of non-citizens. +Sec. 530B. Sense of Congress regarding accession physicals. + + Subtitle D--Military Justice + +Sec. 531. Expansion of pre-referral matters reviewable by military + judges and military magistrates in the interest of efficiency + in military justice. +Sec. 532. Command influence. +Sec. 533. Statute of limitations for certain offenses. +Sec. 534. Public access to dockets, filings, and court records of + courts-martial or other records of trial of the military + justice system. +Sec. 535. Extension of Defense Advisory Committee on Investigation, + Prosecution, and Defense of Sexual Assault in the Armed + Forces. +Sec. 536. Authority for return of personal property to victims of sexual + assault who file a Restricted Report before conclusion of + related proceedings. +Sec. 537. Guidelines on sentences for offenses committed under the + Uniform Code of Military Justice. +Sec. 538. Notification of significant events and documentation of + preference for prosecution jurisdiction for victims of sexual + assault. +Sec. 539. Increase in number of digital forensic examiners for certain + military criminal investigative organizations. +Sec. 540. Increase in investigative personnel and Victim Witness + Assistance Program liaisons. +Sec. 540A. Training for sexual assault initial disposition authorities + on exercise of disposition authority for sexual assault and + collateral offenses. +Sec. 540B. Training for commanders in the Armed Forces on their role in + all stages of military justice in connection with sexual + assault. +Sec. 540C. Timely disposition of nonprosecutable sex-related offenses. +Sec. 540D. Department of Defense-wide policy and military department- + specific programs on reinvigoration of the prevention of + sexual assault involving members of the Armed Forces. +Sec. 540E. Recommendations on separate punitive article in the Uniform + Code of Military Justice on sexual harassment. +Sec. 540F. Report on military justice system involving alternative + authority for determining whether to prefer or refer changes + for felony offenses under the Uniform Code of Military + Justice. +Sec. 540G. Report on standardization among the military departments in + collection and presentation of information on matters within + the military justice system. +Sec. 540H. Report on expansion of Air Force safe to report policy across + the Armed Forces. +Sec. 540I. Assessment of racial, ethnic, and gender disparities in the + military justice system. +Sec. 540J. Pilot programs on defense investigators in the military + justice system. +Sec. 540K. Report on preservation of recourse to restricted report on + sexual assault for victims of sexual assault following certain + victim or third-party communications. +Sec. 540L. Report on establishment of guardian ad litem program for + certain military dependents who are a victim or witness of an + offense under the Uniform Code of Military Justice involving + abuse or exploitation. +Sec. 540M. Comptroller General of the United States report on + implementation by the Armed Forces of recent statutory + requirements on sexual assault prevention and response in the + military. +Sec. 540N. Sense of Congress on the Port Chicago 50. + + Subtitle E--Other Legal Matters + +Sec. 541. Improvement of certain Special Victims' Counsel authorities. +Sec. 542. Availability of Special Victims' Counsel at military + installations. +Sec. 543. Notification of issuance of military protective order to + civilian law enforcement. +Sec. 544. Copyright protection for civilian faculty of certain + accredited institutions. +Sec. 545. Termination of leases of premises and motor vehicles of + servicemembers who incur catastrophic injury or illness or die + while in military service. +Sec. 546. Military orders required for termination of leases pursuant to + the Servicemembers Civil Relief Act. +Sec. 547. Preservation of right to bring class action under + Servicemembers Civil Relief Act. +Sec. 548. Legal counsel for victims of alleged domestic violence + offenses. +Sec. 549. Notice to victims of alleged sexual assault of pendency of + further administrative action following a determination not to + refer to trial by court-martial. +Sec. 550. Treatment of information in Catch a Serial Offender Program + for certain purposes. +Sec. 550A. Policies and procedures on registration at military + installations of civilian protective orders applicable to + members of the Armed Forces assigned to such installations and + certain other individuals. +Sec. 550B. Defense Advisory Committee for the Prevention of Sexual + Misconduct. +Sec. 550C. Training for Special Victims' Counsel on civilian criminal + justice matters in the States of the military installations to + which assigned. +Sec. 550D. Enhancing the capability of military criminal investigative + organizations to prevent and combat child sexual exploitation. +Sec. 550E. Feasibility study on establishment of database of military + protective orders. +Sec. 550F. GAO review of USERRA and SCRA. + + Subtitle F--Member Education + +Sec. 551. Authority for detail of certain enlisted members of the Armed + Forces as students at law schools. +Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE + Program. +Sec. 553. Degree granting authority for United States Army Armament + Graduate School; limitation on establishment of certain + educational institutions. +Sec. 554. Prohibition on off-duty employment for cadets and midshipmen + completing obligated service after graduation. +Sec. 555. Consideration of request for transfer of a cadet or midshipman + at a military service academy who is the victim of a sexual + assault or related offense. +Sec. 556. Redesignation of the Commandant of the United States Air Force + Institute of Technology as the Director and Chancellor of such + Institute. +Sec. 557. Eligibility of additional enlisted members for associate + degree programs of the Community College of the Air Force. +Sec. 558. Speech disorders of cadets and midshipmen. +Sec. 559. Requirement to continue provision of tuition assistance for + members of the Armed Forces. +Sec. 560. Information on institutions of higher education participating + in the Department of Defense Tuition Assistance Program. +Sec. 560A. Inclusion of information on free credit monitoring in annual + financial literacy briefing. +Sec. 560B. Programs to facilitate the award of private pilot's + certificates. + + Subtitle G--Member Training and Transition + +Sec. 561. Requirement to provide information regarding benefits claims + to members during TAP counseling. +Sec. 562. Participation of other Federal agencies in the SkillBridge + apprenticeship and internship program for members of the Armed + Forces. +Sec. 563. First modification of elements of report on the improved + Transition Assistance Program. +Sec. 564. Second modification of elements of report on the improved + Transition Assistance Program. +Sec. 565. Prohibition on gender-segregated training at Marine Corps + Recruit Depots. +Sec. 566. Assessment of deaths of recruits under the jurisdiction of the + Secretaries of the military departments. +Sec. 567. Review of Department of Defense training programs regarding + disinformation campaigns. +Sec. 568. Command matters in connection with transition assistance + programs. +Sec. 569. Machine readability and electronic transferability of + Certificate of Release or Discharge from Active Duty (DD Form + 214). +Sec. 570. Records of service for Reserves. +Sec. 570A. Limitations and requirements in connection with separations + for members of the Armed Forces who suffer from mental health + conditions in connection with a sex-related, intimate partner + violence-related, or spousal-abuse offense. +Sec. 570B. Prohibition on involuntary separation of certain members of + the Armed Forces; consideration of military service in removal + determinations. +Sec. 570C. Inclusion of question regarding immigration status on + preseparation counseling checklist (DD Form 2648). +Sec. 570D. Counseling for members of the Armed Forces who are not + citizens of the United States on naturalization in the United + States. +Sec. 570E. Pilot program on information sharing between Department of + Defense and designated relatives and friends of members of the + Armed Forces regarding the experiences and challenges of + military service. +Sec. 570F. Connections of members retiring or separating from the Armed + Forces with community-based organizations and related + entities. +Sec. 570G. Pilot program regarding online application for the Transition + Assistance Program. + + Subtitle H--Military Family Readiness and Dependents' Education + +Sec. 571. Authorizing members to take leave for a birth or adoption in + more than one increment. +Sec. 572. Deferred deployment for members who give birth. +Sec. 573. Authority of the Secretary concerned to transport remains of a + covered decedent to no more than two places selected by the + person designated to direct disposition of the remains. +Sec. 574. Military funeral honors matters. +Sec. 575. Improvement of occupational license portability for relocated + spouses of members of the uniformed services. +Sec. 576. Continued eligibility for education and training opportunities + for spouses of promoted members. +Sec. 577. Modification to authority to reimburse for State licensure and + certification costs of a spouse of a servicemember arising + from relocation. +Sec. 578. Clarification regarding eligibility to transfer entitlement + under Post-9/11 Educational Assistance Program. +Sec. 579. Annual State report card. +Sec. 580. Improvements to child care for members of the Armed Forces. +Sec. 580A. Transportation of remains of casualties; travel expenses for + next of kin. +Sec. 580B. Meetings of officials of the Department of Defense with + representative groups of survivors of deceased members of the + Armed Forces. +Sec. 580C. Information and opportunities for registration for voting and + absentee ballot requests for members of the Armed Forces + undergoing deployment overseas. +Sec. 580D. Study on two-way military ballot barcode tracking. +Sec. 580E. Assistance to schools with military dependent students. +Sec. 580F. First expansion of the My Career Advancement Account program + for military spouses. +Sec. 580G. Second expansion of the My Career Advancement Account program + for military spouses. +Sec. 580H. Report on training and support available to military spouses. +Sec. 580I. Ri'katak Guest Student Program at United States Army + Garrison-Kwajalein Atoll. + + Subtitle I--Decorations and Awards + +Sec. 581. Modification of authorities on eligibility for and replacement + of gold star lapel buttons. +Sec. 582. Standardization of honorable service requirement for award of + military decorations. +Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy + for acts of valor in Vietnam. +Sec. 584. Review of World War I valor medals. + + Subtitle J--Miscellaneous Reports and Other Matters + +Sec. 591. Clarification of the term ``assault'' for purposes of + Workplace and Gender Relations Surveys. +Sec. 592. Inclusion of certain veterans on temporary disability or + permanent disabled retirement lists in military adaptive + sports programs. +Sec. 593. Questions in surveys regarding extremist activity in the + workplace. +Sec. 594. Study on best practices for providing financial literacy + education for separating members of the Armed Forces. +Sec. 595. Report on oversight of authorized strengths of certain grades + of commissioned regular and reserve officers of the Armed + Forces. +Sec. 596. Report on certain waivers. +Sec. 597. Notifications on manning of afloat naval forces. +Sec. 598. Report regarding use of aerial systems of the Department of + Defense to support agencies of States, Territories, and the + Federal Government. +Sec. 599. Information for members of the Armed Forces on availability of + services of the Department of Veterans Affairs relating to + sexual trauma. +Sec. 599A. Authority to issue an honorary promotion to Colonel Charles + E. McGee, United States Air Force (ret.), to the grade of + brigadier general. +Sec. 599B. Authority to issue an honorary and posthumous promotion to + Lieutenant Colonel Richard Cole, United States Air Force + (ret.), to the grade of colonel. +Sec. 599C. Sense of Congress on the honorable and distinguished service + of General Joseph F. Dunford, United States Marine Corps, to + the United States. + + TITLE VI--MILITARY COMPENSATION Subtitle A--Pay and Allowances -Sec. 601. Expansion of eligibility for exceptional transitional - compensation for dependents to dependents - of current members. - Subtitle B--Bonuses and Special and Incentive Pays +Sec. 601. Clarification of continuation of pays during hospitalization + and rehabilitation resulting from wounds, injury, or illness + incurred while on duty in a hostile fire area or exposed to an + event of hostile fire or other hostile action. +Sec. 602. Continued entitlements while a member of the Armed Forces + participates in a career intermission program. +Sec. 603. Exemption from repayment of voluntary separation pay. +Sec. 604. Consideration of service on active duty to reduce age of + eligibility for retired pay for non-regular service. +Sec. 605. Temporary adjustment of rates of basic allowance for housing + following determination that local civilian housing costs + significantly differ from such rates. +Sec. 606. Reinvestment of travel refunds by the Department of Defense. +Sec. 607. Addition of partial dislocation allowance to allowable travel + and transportation expenses for servicemembers. +Sec. 608. Reductions on account of earnings from work performed while + entitled to an annuity supplement. +Sec. 609. Increase in basic pay. + + Subtitle B--Bonuses and Special Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay - authorities. - Subtitle C--Travel and Transportation Allowances - -Sec. 621. Extension of pilot program on a Government lodging program. -Sec. 622. Reinvestment of travel refunds by the Department of Defense. - Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits - -Sec. 631. Contributions to Department of Defense Military Retirement - Fund based on pay costs per Armed Force - rather than on Armed Forces-wide basis. -Sec. 632. Modification of authorities on eligibility for and - replacement of gold star lapel buttons. - Subtitle E--Commissary and Non-Appropriated Fund Instrumentality - Benefits and Operations - -Sec. 641. Defense resale system matters. -Sec. 642. Treatment of fees on services provided as supplemental funds - for commissary operations. -Sec. 643. Procurement by commissary stores of certain locally sourced - products. - TITLE VII--HEALTH CARE PROVISIONS + authorities. + + Subtitle C--Family and Survivor Benefits + +Sec. 621. Expansion of eligibility for exceptional transitional + compensation for dependents to dependents of current members. +Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor + annuities by amount of dependency and indemnity compensation. +Sec. 623. Death gratuity for ROTC graduates. +Sec. 624. Expansion of authority to provide financial assistance to + civilian providers of child care services or youth program + services who provide such services to survivors of members of + the Armed Forces who die in combat in the line of duty. +Sec. 625. Casualty assistance for survivors of deceased ROTC graduates. + + Subtitle D--Defense Resale Matters + +Sec. 631. Defense resale system matters. +Sec. 632. Procurement by commissary stores of certain locally sourced + products. +Sec. 633. GAO review of defense resale optimization study. + + Subtitle E--Morale, Welfare, and Recreation Privileges + +Sec. 641. Extension of certain morale, welfare, and recreation + privileges to Foreign Service officers on mandatory home + leave. +Sec. 642. Extension of pilot program on a Government lodging program. + + Subtitle F--Reports and Other Matters + +Sec. 651. Annual reports on approval of employment or compensation of + retired general or flag officers by foreign governments for + emoluments clause purposes. +Sec. 652. Report regarding transition from overseas housing allowance to + basic allowance for housing for servicemembers in the + territories. +Sec. 653. 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. +Sec. 654. Study regarding recoupment of separation pay, special + separation benefits, and voluntary separation incentive + payments from members of the Armed Forces and veterans who + receive disability compensation under laws administered by the + Secretary of Veterans Affairs. +Sec. 655. Report on implementation of contributions to the Department of + Defense Military Retirement Fund based on pay costs per Armed + Force rather than on Armed Forces-wide basis. +Sec. 656. Report on food insecurity among members of the Armed Forces + and their dependents. + + TITLE VII--HEALTH CARE PROVISIONS Subtitle A--TRICARE and Other Health Care Benefits -Sec. 701. Contraception coverage parity under the TRICARE program. +Sec. 701. Modification of eligibility for TRICARE Reserve Select for + certain members of the Selected Reserve. Sec. 702. TRICARE payment options for retirees and their dependents. Sec. 703. Lead level screening and testing for children. -Sec. 704. Provision of blood testing for firefighters of Department of - Defense to determine exposure to - perfluoroalkyl and polyfluoroalkyl - substances. +Sec. 704. Exposure to open burn pits and toxic airborne chemicals or + other airborne contaminants as part of periodic health + assessments and other physical examinations. +Sec. 705. Enhancement of recordkeeping with respect to exposure by + members of the Armed Forces to certain occupational and + environmental hazards while deployed overseas. +Sec. 706. Modifications to post-deployment mental health assessments for + members of the Armed Forces deployed in support of a + contingency operation. +Sec. 707. Provision of blood testing for firefighters of Department of + Defense to determine exposure to perfluoroalkyl and + polyfluoroalkyl substances. + Subtitle B--Health Care Administration Sec. 711. Modification of organization of military health system. Sec. 712. Support by military health system of medical requirements of - combatant commands. -Sec. 713. Tours of duty of commanders or directors of military - treatment facilities. -Sec. 714. Expansion of strategy to improve acquisition of managed care - support contracts under TRICARE program. -Sec. 715. Establishment of regional medical hubs to support combatant - commands. -Sec. 716. Monitoring of adverse event data on dietary supplement use by - members of the Armed Forces. -Sec. 717. Enhancement of recordkeeping with respect to exposure by - members of the Armed Forces to certain - occupational and environmental hazards - while deployed overseas. - Subtitle C--Reports and Other Matters + combatant commands. +Sec. 713. Requirements for certain prescription drug labels. +Sec. 714. Officers authorized to command Army dental units. +Sec. 715. Improvements to interagency program office of the Department + of Defense and the Department of Veterans Affairs. +Sec. 716. Expansion of strategy to improve acquisition of managed care + support contracts under TRICARE program. +Sec. 717. Inclusion of blast exposure history in medical records of + members of the Armed Forces. +Sec. 718. Comprehensive policy for provision of mental health care to + members of the Armed Forces. +Sec. 719. Limitation on the realignment or reduction of military medical + manning end strength. +Sec. 720. Strategy to recruit and retain mental health providers. +Sec. 721. Development of partnerships to improve combat casualty care + for personnel of the Armed Forces. +Sec. 722. Modification to referrals for mental health services. + + Subtitle C--Reports and Other Matters + +Sec. 731. Authorization of claims by members of the uniformed services + against the United States for personal injury or death caused + by medical malpractice. +Sec. 732. Extension and clarification of authority for Joint Department + of Defense-Department of Veterans Affairs Medical Facility + Demonstration Fund. +Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson + Foundation for the Advancement of Military Medicine. +Sec. 734. Establishment of Academic Health System in National Capital + Region. +Sec. 735. Provision of veterinary services by veterinary professionals + of the Department of Defense in emergencies. +Sec. 736. Three-year extension of authority to continue the DOD-VA + Health Care Sharing Incentive Fund. +Sec. 737. Preservation of resources of the Army Medical Research and + Materiel Command and continuation as Center of Excellence. +Sec. 738. Encouragement of participation in Women's Health Transition + Training pilot program. +Sec. 739. National Guard suicide prevention pilot program. +Sec. 740. Pilot Program on civilian and military partnerships to enhance + interoperability and medical surge capability and capacity of + National Disaster Medical System. +Sec. 741. Reports on suicide among members of the Armed Forces and + suicide prevention programs and activities of the Department + of Defense. +Sec. 742. Modification of requirements for longitudinal medical study on + blast pressure exposure of members of the Armed Forces and + collection of exposure information. +Sec. 743. Study and plan on the use of military-civilian integrated + health delivery systems. +Sec. 744. Study on case management in the military health system. +Sec. 745. Report on Global Health Security Strategy and the National + Biodefense Security. +Sec. 746. Study on establishment of wounded warrior service dog program. +Sec. 747. GAO report on Department of Defense quality assurance program + and impacts of medical malpractice actions. +Sec. 748. Reports on Millennium Cohort Study relating to women members + of the Armed Forces. +Sec. 749. Study on effects of sleep deprivation on readiness of members + of the Armed Forces. +Sec. 750. Study and report on traumatic brain injury mitigation efforts. -Sec. 721. Extension and clarification of authority for Joint Department - of Defense-Department of Veterans Affairs - Medical Facility Demonstration Fund. -Sec. 722. Appointment of non-ex officio members of the Henry M. Jackson - Foundation for the Advancement of Military - Medicine. -Sec. 723. Officers authorized to command Army dental units. -Sec. 724. Establishment of Academic Health System in National Capital - Region. -Sec. 725. Provision of veterinary services by veterinary professionals - of the Department of Defense in - emergencies. -Sec. 726. Five-year extension of authority to continue the DOD-VA - Health Care Sharing Incentive Fund. -Sec. 727. Pilot Program on civilian and military partnerships to - enhance interoperability and medical surge - capability and capacity of National - Disaster Medical System. -Sec. 728. Modification of requirements for longitudinal medical study - on blast pressure exposure of members of - the Armed Forces. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED - MATTERS + MATTERS - Subtitle A--Contracting and Acquisition Provisions + Subtitle A--Acquisition Policy and Management +Sec. 800. Authority for continuous integration and delivery of software + applications and upgrades to embedded systems. Sec. 801. Pilot program on intellectual property evaluation for - acquisition programs. + acquisition programs. Sec. 802. Pilot program to use alpha contracting teams for complex - requirements. -Sec. 803. Modification of written approval requirement for task and - delivery order single contract awards. -Sec. 804. Extension of authority to acquire products and services - produced in countries along a major route - of supply to Afghanistan. -Sec. 805. Modification of Director of Operational Test and Evaluation - report. -Sec. 806. Department of Defense use of fixed-price contracts. -Sec. 807. Pilot program to accelerate contracting and pricing - processes. -Sec. 808. Pilot program to streamline decision-making processes for - weapon systems. -Sec. 809. Documentation of market research related to commercial item - determinations. -Sec. 810. Modification to small purchase threshold exception to - sourcing requirements for certain articles. - Subtitle B--Provisions Relating to Major Defense Acquisition Programs - -Sec. 821. Naval vessel certification required before Milestone B - approval. - Subtitle C--Industrial Base Matters - -Sec. 831. Modernization of acquisition processes to ensure integrity of - industrial base. -Sec. 832. Assessment of precision-guided missiles for reliance on - foreign-made microelectronic components. -Sec. 833. Mitigating risks related to foreign ownership, control, or - influence of Department of Defense - contractors or subcontractors. -Sec. 834. Extension and revisions to Never Contract With the Enemy. - Subtitle D--Small Business Matters - -Sec. 841. Reauthorization and improvement of Department of Defense - Mentor-Protege Program. -Sec. 842. Modification of justification and approval requirement for - certain Department of Defense contracts. - Subtitle E--Provisions Related to Software-Driven Capabilities - -Sec. 851. Improved management of information technology and cyberspace - investments. -Sec. 852. Special pathways for rapid acquisition of software - applications and upgrades. - Subtitle F--Other Matters - -Sec. 861. Notification of Navy procurement production disruptions. -Sec. 862. Modification to acquisition authority of the Commander of the - United States Cyber Command. -Sec. 863. Prohibition on operation or procurement of foreign-made - unmanned aircraft systems. -Sec. 864. Prohibition on contracting with persons that have business - operations with the Maduro regime. -Sec. 865. Comptroller General of the United States report on Department - of Defense efforts to combat human - trafficking through procurement practices. - TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT + requirements. +Sec. 803. Failure to provide other than certified cost or pricing data + upon request. +Sec. 804. Comptroller General report on price reasonableness. +Sec. 805. Limitation on transfer of funds related to cost overruns and + cost underruns. +Sec. 806. Standardizing data collection and reporting on use of source + selection procedures by Federal agencies. +Sec. 807. Department of Defense use of fixed-price contracts. +Sec. 808. Repeal of continuation of data rights during challenges. +Sec. 809. Repeal of authority to waive acquisition laws to acquire vital + national security capabilities. +Sec. 810. Repeal of the Defense Cost Accounting Standards Board. + + Subtitle B--Amendments to General Contracting Authorities, Procedures, + and Limitations + +Sec. 815. Modification of Director of Operational Test and Evaluation + report. +Sec. 816. Modification of written approval requirement for task and + delivery order single contract awards. +Sec. 817. Responsibility for data analysis and requirements validation + for services contracts. +Sec. 818. Documentation of market research related to commercial item + determinations. +Sec. 819. Availability of data on the use of other transaction authority + and report on the use of authority to carry out prototype + projects. +Sec. 820. Notification of Navy procurement production disruptions. +Sec. 821. Modification to acquisition authority of the Commander of the + United States Cyber Command. +Sec. 822. Extension of Never Contract With the Enemy. +Sec. 823. Modification of justification and approval requirement for + certain Department of Defense contracts. +Sec. 824. Extension of sunset relating to Federal Data Center + Consolidation Initiative. +Sec. 825. Pilot program to accelerate contracting and pricing processes. +Sec. 826. Uniformity in application of micro-purchase threshold to + certain task or delivery orders. +Sec. 827. Requirement for cost estimates on models of commercial e- + commerce portal program. + + Subtitle C--Provisions Relating to Major Defense Acquisition Programs + +Sec. 830. Modification of requirements for reporting to Congress on + certain acquisition programs. +Sec. 831. Pilot program to streamline decision-making processes for + weapon systems. +Sec. 832. Analysis of alternatives pursuant to materiel development + decisions. +Sec. 833. Naval vessel certification required before Milestone B + approval. + + Subtitle D--Provisions Relating to the Acquisition System + +Sec. 835. Extramural acquisition innovation and research activities. +Sec. 836. Report on realignment of the defense acquisition system to + implement acquisition reforms. +Sec. 837. Report and limitation on the availability of funds relating to + the ``middle tier'' of acquisition programs. +Sec. 838. Report on intellectual property policy and the cadre of + intellectual property experts. +Sec. 839. Guidance and reports relating to covered defense business + systems. +Sec. 840. Implementation guidance for use of a modular open system + approach. +Sec. 841. Limitation on availability of funds for the Office of the + Chief Management Officer of the Department of Defense. + + Subtitle E--Industrial Base Matters + +Sec. 845. Modernization of acquisition processes to ensure integrity of + industrial base. +Sec. 846. Report requirements for the national technology and industrial + base. +Sec. 847. Mitigating risks related to foreign ownership, control, or + influence of Department of Defense contractors or + subcontractors. +Sec. 848. Prohibition on operation or procurement of foreign-made + unmanned aircraft systems. +Sec. 849. Modification of prohibition on acquisition of sensitive + materials from non-allied foreign nations. +Sec. 850. Acquisition and disposal of certain rare earth materials. +Sec. 851. Pilot program for development of technology-enhanced + capabilities with partnership intermediaries. +Sec. 852. Authorized official to carry out the procurement technical + assistance cooperative agreement program. +Sec. 853. Requirement that certain ship components be manufactured in + the national technology and industrial base. +Sec. 854. Addition of domestically produced stainless steel flatware and + dinnerware to the Berry Amendment. +Sec. 855. Application of miscellaneous technology base policies and + programs to the Columbia-class submarine program. +Sec. 856. Application of limitation on procurement of goods other than + United States goods to the FFG-Frigate Program. +Sec. 857. Sense of Congress regarding consideration of price in + procurement of the FFG(X) frigate. + + Subtitle F--Provisions Relating to Acquisition Workforce + +Sec. 860. Establishment of Defense Civilian Training Corps. +Sec. 861. Defense acquisition workforce certification, education, and + career fields. +Sec. 862. Software development and software acquisition training and + management programs. +Sec. 863. Modification of temporary assignments of Department of Defense + employees to a private-sector organization. +Sec. 864. Incentives and consideration for qualified training programs. +Sec. 865. Use of qualified apprentices by military construction + contractors. + + Subtitle G--Small Business Matters + +Sec. 870. Requirements relating to credit for certain small business + concern subcontractors. +Sec. 871. Inclusion of best in class designations in annual report on + small business goals. +Sec. 872. Reauthorization and improvement of Department of Defense + Mentor-Protege Program. +Sec. 873. Accelerated payments applicable to contracts with certain + small business concerns under the Prompt Payment Act. +Sec. 874. Postaward explanations for unsuccessful offerors for certain + contracts. +Sec. 875. Small business contracting credit for subcontractors that are + Puerto Rico businesses or covered territory businesses. +Sec. 876. Technical amendment regarding treatment of certain surviving + spouses under the definition of small business concern owned + and controlled by service-disabled veterans. +Sec. 877. Extension of loan assistance and deferral eligibility to + reservists and members of the National Guard beyond periods of + military conflict. +Sec. 878. Modification to the Defense Research and Development Rapid + Innovation Program. +Sec. 879. Alignment of the Department of Defense Small Business + Innovation Research Program and Small Business Technology + Transfer Program with the National Defense Science and + Technology Strategy. +Sec. 880. Assistance for small business concerns participating in the + SBIR and STTR programs. +Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs. +Sec. 882. Funding for defense research activities of small business + concerns. +Sec. 883. Modifications to budget display requirements for the + Department of Defense Small Business Innovation Research + Program and Small Business Technology Transfer Program. +Sec. 884. Pilot program for domestic investment under the SBIR program. + + Subtitle H--Other Matters + +Sec. 885. Review of guidance to contractors on nondiscrimination on the + basis of sex. +Sec. 886. Comptroller General report on contractor violations of certain + labor laws. +Sec. 887. Comptroller General report on contingency contracting. +Sec. 888. Policies and procedures for contractors to report gross + violations of internationally recognized human rights. +Sec. 889. Comptroller General report on oversight of contractors + providing private security functions. +Sec. 890. Prohibition on contracting with persons that have business + operations with the Maduro regime. +Sec. 891. Report on the Combating Trafficking in Persons initiative. +Sec. 892. Improved management of information technology and cyberspace + investments. +Sec. 893. Modification to requirements for purchase of commercial + leasing services pursuant to multiple award contracts. + + TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A--Office of the Secretary of Defense and Related Matters -901. Headquarters activities of the Department of Defense matters. -902. Responsibility of Under Secretary of Defense for Acquisition and - Sustainment for Procurement Technical - Assistance Cooperative Agreement Program. -903. Return to Chief Information Officer of the Department of Defense - of responsibility for business systems and - related matters. -904. Senior Military Advisor for Cyber Policy and Deputy Principal - Cyber Advisor. -905. Limitation on transfer of Strategic Capabilities Office. -Subtitle B--Organization and Management of Other Department of Defense +Sec. 901. Headquarters activities of the Department of Defense matters. +Sec. 902. Clarifying the roles and responsibilities of the Under + Secretary of Defense for Acquisition and Sustainment and the + Under Secretary of Defense for Research and Engineering. +Sec. 903. Return to Chief Information Officer of the Department of + Defense of responsibility for business systems and related + matters. +Sec. 904. Assessments of responsibilities and authorities of the Chief + Management Officer of the Department of Defense. +Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal + Cyber Advisor. +Sec. 906. Exclusion from limitations on personnel in the Office of the + Secretary of Defense and Department of Defense headquarters of + fellows appointed under the John S. McCain Defense Fellows + Program. + + Subtitle B--Organization and Management of Other Department of Defense Offices and Elements -911. Assistant Secretaries of the military departments for Energy, - Installations, and Environment. -912. Repeal of conditional designation of Explosive Ordnance Disposal - Corps as a basic branch of the Army. - Subtitle C--Other Matters +Sec. 911. Codification of Assistant Secretaries for Energy, + Installations, and Environment of the Army, Navy, and Air + Force. -921. Exclusion from limitations on personnel in the Office of the - Secretary of Defense and Department of - Defense headquarters of fellows appointed - under the John S. McCain Defense Fellows - Program. -922. Report on resources to implement the civilian casualty policy of - the Department of Defense. - TITLE X--GENERAL PROVISIONS + Subtitle C--Other Department of Defense Organization and Management + Matters - Subtitle A--Financial Matters +Sec. 921. Prohibition on ownership or trading of stocks in certain + companies by certain officials of the Department of Defense. +Sec. 922. Limitation on consolidation of Defense Media Activity. +Sec. 923. Report on resources to implement the civilian casualty policy + of the Department of Defense. + + Subtitle D--United States Space Force + +Sec. 951. Short title. +Sec. 952. The Space Force. +Sec. 953. Chief of Space Operations. +Sec. 954. Space Force Acquisition Council. +Sec. 955. Assistant Secretary of Defense for Space Policy. +Sec. 956. Assistant Secretary of the Air Force for Space Acquisition and + Integration. +Sec. 957. Service Acquisition Executive of the Department of the Air + Force for Space Systems and Programs. +Sec. 958. Conforming amendments and clarification of authorities. +Sec. 959. Effects on military installations. +Sec. 960. Availability of funds. +Sec. 961. Implementation. + + TITLE X--GENERAL PROVISIONS + + Subtitle A--Financial Matters Sec. 1001. General transfer authority. -Sec. 1002. Modification of required elements of annual reports on - emergency and extraordinary expenses of the - Department of Defense. -Sec. 1003. Inclusion of military construction projects in annual - reports on unfunded priorities of the Armed - Forces and the combatant commands. -Sec. 1004. Prohibition on delegation of responsibility for submittal to - Congress of Out-Year Unconstrained Total - Munitions Requirements and Out-Year - Inventory numbers. -Sec. 1005. Element in annual reports on the Financial Improvement and - Audit Remediation Plan on activities with - respect to classified programs. -Sec. 1006. Modification of semiannual briefings on the consolidated - corrective action plan of the Department of - Defense for financial management - information. -Sec. 1007. Update of authorities and renaming of Department of Defense - Acquisition Workforce Development Fund. +Sec. 1002. Defense Business Audit Remediation Plan. +Sec. 1003. Financial improvement and audit remediation plan. +Sec. 1004. Reporting requirements relating to Department of Defense + audits. +Sec. 1005. Inclusion of certain military construction projects in annual + reports on unfunded priorities of the Armed Forces and the + combatant commands. +Sec. 1006. Prohibition on delegation of responsibility for submittal to + Congress of Out-Year Unconstrained Total Munitions + Requirements and Out-Year Inventory numbers. +Sec. 1007. Annual budget justification display for service-common and + other support and enabling capabilities for special operations + forces. +Sec. 1008. Element in annual reports on the Financial Improvement and + Audit Remediation Plan on activities with respect to + classified programs. +Sec. 1009. Plan of the Department of Defense for financial management + information. +Sec. 1010. Update of authorities and renaming of Department of Defense + Acquisition Workforce Development Fund. +Sec. 1011. Transparency of accounting firms used to support Department + of Defense audit. +Sec. 1012. Modification of required elements of annual reports on + emergency and extraordinary expenses of the Department of + Defense. + Subtitle B--Counterdrug Activities -Sec. 1011. Modification of authority to support a unified counterdrug - and counterterrorism campaign in Colombia. -Sec. 1012. Two-year extension of authority for joint task forces to - provide support to law enforcement agencies - conducting counter-terrorism activities. - Subtitle C--Naval Vessels and Shipyards - -Sec. 1016. Modification of authority to purchase vessels using funds in - National Defense Sealift Fund. -Sec. 1017. Senior Technical Authority for each naval vessel class. -Sec. 1018. Permanent authority for sustaining operational readiness of - Littoral Combat Ships on extended - deployment. - Subtitle D--Counterterrorism +Sec. 1021. Modification of authority to support a unified counterdrug + and counterterrorism campaign in Colombia. +Sec. 1022. Extension of authority for joint task forces to provide + support to law enforcement agencies conducting counter- + terrorism activities. +Sec. 1023. Sense of Congress regarding Department of Defense counterdrug + activities in the transit zone and Caribbean basin. +Sec. 1024. Assessment of impact of any planned or proposed border wall + on volume of illegal narcotics. + + Subtitle C--Naval Vessels + +Sec. 1031. Modification of authority to purchase vessels using funds in + National Defense Sealift Fund. +Sec. 1032. Use of National Defense Sealift Fund for procurement of two + used vessels. +Sec. 1033. Transportation by sea of supplies for the Armed Forces and + Defense Agencies. +Sec. 1034. Senior Technical Authority for each naval vessel class. +Sec. 1035. Permanent authority for sustaining operational readiness of + littoral combat ships on extended deployment. +Sec. 1036. Formal training for shipboard system programs of record. +Sec. 1037. Report on shipbuilder training and the defense industrial + base. +Sec. 1038. Use of competitive procedures for CVN-80 and CVN-81 dual + aircraft carrier contract. +Sec. 1039. Report on expanding naval vessel maintenance. -Sec. 1021. Extension of prohibition on use of funds for transfer or - release of individuals detained at United - States Naval Station, Guantanamo Bay, Cuba, - to the United States. -Sec. 1022. Extension of prohibition on use of funds to construct or - modify facilities in the United States to - house detainees transferred from United - States Naval Station, Guantanamo Bay, Cuba. -Sec. 1023. Extension of prohibition on use of funds for transfer or - release of individuals detained at United - States Naval Station, Guantanamo Bay, Cuba, - to certain countries. -Sec. 1024. Extension of prohibition on use of funds to close or - relinquish control of United States Naval - Station, Guantanamo Bay, Cuba. -Sec. 1025. Authority to transfer individuals detained at United States - Naval Station, Guantanamo Bay, Cuba, to the - United States temporarily for emergency or - critical medical treatment. -Sec. 1026. Chief Medical Officer at United States Naval Station, - Guantanamo Bay, Cuba. - Subtitle E--Miscellaneous Authorities and Limitations + Subtitle D--Counterterrorism -Sec. 1031. Clarification of authority of military commissions under - chapter 47A of title 10, United States - Code, to punish contempt. -Sec. 1032. Comprehensive Department of Defense policy on collective - self-defense. -Sec. 1033. Oversight of Department of Defense execute orders. -Sec. 1034. Prohibition on ownership or trading of stocks in certain - companies by Department of Defense officers - and employees. -Sec. 1035. Policy regarding the transition of data and applications to - the cloud. -Sec. 1036. Modernization of inspection authorities applicable to the - National Guard and extension of inspection - authority to the Chief of the National - Guard Bureau. -Sec. 1037. Enhancement of authorities on forfeiture of Federal benefits - by the National Guard. -Sec. 1038. Modernization of authorities on property and fiscal officers - of the National Guard. -Sec. 1039. Limitation on placement by the Under Secretary of Defense - for Personnel and Readiness of work with - federally funded research and development - centers. -Sec. 1040. Termination of requirement for Department of Defense - facility access clearances for joint - ventures composed of previously-cleared - entities. -Sec. 1041. Designation of Department of Defense Strategic Arctic Ports. -Sec. 1042. Extension of National Security Commission on Artificial - Intelligence. -Sec. 1043. Authority to transfer funds for Bien Hoa dioxin cleanup. -Sec. 1044. Limitation on use of funds to house children separated from - parents. -Sec. 1045. Use of funds for defense of the Armed Forces and United - States citizens against attack by foreign - hostile forces. - Subtitle F--Studies and Reports - -Sec. 1051. Modification of annual reporting requirements on defense - manpower. -Sec. 1052. Report on Department of Defense efforts to implement a force - planning process in support of - implementation of the 2018 National Defense - Strategy. -Sec. 1053. Extension of annual reports on civilian casualties in - connection with United States military - operations. -Sec. 1054. Report on joint force plan for implementation of strategies - of the Department of Defense for the - Arctic. -Sec. 1055. Report on use of Northern Tier bases in implementation of - Arctic strategy of the United States. -Sec. 1056. Report on the Department of Defense plan for mass-casualty - disaster response operations in the Arctic. -Sec. 1057. Annual reports on approval of employment or compensation of - retired general or flag officers by foreign - governments for Emoluments Clause purposes. -Sec. 1058. Transmittal to Congress of requests for assistance received - by the Department of Defense from other - departments. -Sec. 1059. Semiannual report on Consolidated Adjudication Facility of - the Defense Counterintelligence and - Security Agency. -Sec. 1060 Comptroller General of the United States report on post- - government employment of former Department - of Defense officials. -Subtitle G--Treatment of Contaminated Water Near Military Installations - -Sec. 1071. Short title. -Sec. 1072. Definitions. -Sec. 1073. Provision of water uncontaminated with perfluorooctanoic - acid (PFOA) and perfluorooctane sulfonate - (PFOS) for agricultural purposes. -Sec. 1074. Acquisition of real property by Air Force. -Sec. 1075. Remediation plan. - Subtitle H--Other Matters +Sec. 1041. Modification of support of special operations to combat + terrorism. +Sec. 1042. Extension of prohibition on use of funds for transfer or + release of individuals detained at United States Naval + Station, Guantanamo Bay, Cuba, to certain countries. +Sec. 1043. Extension of prohibition on use of funds for transfer or + release of individuals detained at United States Naval + Station, Guantanamo Bay, Cuba, to the United States. +Sec. 1044. Extension of prohibition on use of funds to construct or + modify facilities in the United States to house detainees + transferred from United States Naval Station, Guantanamo Bay, + Cuba. +Sec. 1045. Extension of prohibition on use of funds to close or + relinquish control of United States Naval Station, Guantanamo + Bay, Cuba. +Sec. 1046. Chief Medical Officer at United States Naval Station, + Guantanamo Bay, Cuba. +Sec. 1047. Independent assessment on gender and countering violent + extremism. + + Subtitle E--Miscellaneous Authorities and Limitations + +Sec. 1051. Scheduling of Department of Defense executive aircraft + controlled by Secretaries of military departments. +Sec. 1052. Explosive ordnance defense disposal program. +Sec. 1053. Technical correction and extension of reporting requirement + regarding enhancement of information sharing and coordination + of military training between Department of Homeland Security + and Department of Defense. +Sec. 1054. Notification on the provision of defense sensitive support. +Sec. 1055. Revision to authorities relating to mail service for members + of the Armed Forces and Department of Defense civilians + overseas. +Sec. 1056. Access to and use of military post offices by United States + citizens employed overseas by the North Atlantic Treaty + Organization who perform functions in support of military + operations of the Armed Forces. +Sec. 1057. Expenditure of funds for Department of Defense intelligence + and counterintelligence activities. +Sec. 1058. Limitation on use of funds for the inactivation of Army + watercraft units. -Sec. 1081. Revision to authorities relating to mail service for members - of the Armed Forces and Department of - Defense civilians overseas. -Sec. 1082. Access to and use of military post offices by United States - citizens employed overseas by the North - Atlantic Treaty Organization who perform - functions in support of military operations - of the Armed Forces. -Sec. 1083. Guarantee of residency for spouses of members of uniformed - services. -Sec. 1084. Extension of requirement for briefings on the national - biodefense strategy. -Sec. 1085. Extension of National Commission on Military Aviation - Safety. TITLE XI--CIVILIAN PERSONNEL MATTERS -Sec. 1101. Modification of temporary assignments of Department of - Defense employees to a private-sector - organization. -Sec. 1102. Modification of number of available appointments for certain - agencies under personnel management - authority to attract experts in science and - engineering. -Sec. 1103. One-year extension of temporary authority to grant - allowances, benefits, and gratuities to - civilian personnel on official duty in a - combat zone. -Sec. 1104. One-year extension of authority to waive annual limitation - on premium pay and aggregate limitation on - pay for Federal civilian employees working - overseas. -Sec. 1105. Reimbursement of Federal employees for Federal, State, and - local income taxes incurred during travel, - transportation, and relocation. + Subtitle A--General Provisions + +Sec. 1101. Defense Advanced Research Projects Agency personnel + management authority. +Sec. 1102. Report on the probationary period for Department of Defense + employees. +Sec. 1103. Civilian personnel management. +Sec. 1104. One-year extension of temporary authority to grant + allowances, benefits, and gratuities to civilian personnel on + official duty in a combat zone. +Sec. 1105. One-year extension of authority to waive annual limitation on + premium pay and aggregate limitation on pay for Federal + civilian employees working overseas. +Sec. 1106. Performance of civilian functions by military personnel. +Sec. 1107. Extension of direct hire authority for domestic industrial + base facilities and Major Range and Test Facilities Base. +Sec. 1108. Authority to provide additional allowances and benefits for + certain Defense Clandestine Service employees. +Sec. 1109. Modification of direct hire authorities for the Department of + Defense. +Sec. 1110. Designating certain FEHBP and FEGLI services provided by + Federal employees as excepted services under the Anti- + Deficiency Act. +Sec. 1111. Continuing supplemental dental and vision benefits and long- + term care insurance coverage during a Government shutdown. +Sec. 1112. Limitation on transfer of Office of Personnel Management. +Sec. 1113. Assessment of Accelerated Promotion Program suspension. +Sec. 1114. Reimbursement for Federal, State, and local income taxes + incurred during travel, transportation, and relocation. +Sec. 1115. Clarification of limitation on expedited hiring authority for + post-secondary students. +Sec. 1116. Modification of temporary assignments of Department of + Defense employees to a private-sector organization. +Sec. 1117. Extension of authority for part-time reemployment. + + Subtitle B--Fair Chance Act + +Sec. 1121. Short title. +Sec. 1122. Prohibition on criminal history inquiries prior to + conditional offer for Federal employment. +Sec. 1123. Prohibition on criminal history inquiries by contractors + prior to conditional offer. +Sec. 1124. Report on employment of individuals formerly incarcerated in + Federal prisons. + + Subtitle C--ATC Hiring Reform + +Sec. 1131. Short title; definition. +Sec. 1132. Hiring of air traffic control specialists. +Sec. 1133. Ensuring hiring preference for applicants with experience at + an air traffic control facility of the National Guard. +Sec. 1134. FAA reports on air traffic controller hiring and training. +Sec. 1135. DOT Inspector General review and report. + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS - Subtitle A--Assistance and Training + Subtitle A--Assistance and Training + +Sec. 1201. Modification of authority to build capacity of foreign + security forces. +Sec. 1202. Modification and extension of cross servicing agreements for + loan of personnel protection and personnel survivability + equipment in coalition operations. +Sec. 1203. Modifications of authorities relating to acquisition and + cross-servicing agreements. +Sec. 1204. Modification of quarterly report on obligation and + expenditure of funds for security cooperation programs and + activities. +Sec. 1205. Gender perspectives and participation by women in security + cooperation activities. +Sec. 1206. Plan to provide consistency of administration of authorities + relating to vetting of units of security forces of foreign + countries; modification of assessment, monitoring, and + evaluation of security cooperation programs and activities. +Sec. 1207. Extension of authority for support of special operations for + irregular warfare. +Sec. 1208. Extension and modification of Commanders' Emergency Response + Program and elimination of certain payments to redress injury + and loss. +Sec. 1209. Two-year extension of program authority for Global Security + Contingency Fund. +Sec. 1210. Legal institutional capacity building initiative for foreign + defense institutions. +Sec. 1210A. Department of Defense support for stabilization activities + in national security interest of the United States. -Sec. 1201. Extension of support of special operations for irregular - warfare. -Sec. 1202. Extension of authority for cross servicing agreements for - loan of personnel protection and personnel - survivability equipment in coalition - operations. -Sec. 1203. Two-year extension of program authority for Global Security - Contingency Fund. -Sec. 1204. Modification of reporting requirement for use of funds for - security cooperation programs and - activities. -Sec. 1205. Institutional legal capacity building initiative for foreign - defense forces. -Sec. 1206. Department of Defense support for stabilization activities - in national security interest of the United - States. Subtitle B--Matters Relating to Afghanistan and Pakistan Sec. 1211. Extension of authority to transfer defense articles and - provide defense services to the military - and security forces of Afghanistan. -Sec. 1212. Afghanistan Security Forces Fund. -Sec. 1213. Extension of Commanders' Emergency Response Program. -Sec. 1214. Extension and modification of reimbursement of certain - coalition nations for support provided to - United States military operations. -Sec. 1215. Support for reconciliation activities led by the Government - of Afghanistan. -Sec. 1216. Sense of Senate on special immigrant visa program for Afghan - allies. - Subtitle C--Matters Relating to Syria, Iraq, and Iran - -Sec. 1221. Modification of authority to provide assistance to vetted - Syrian groups. -Sec. 1222. Extension of authority and limitation on use of funds to - provide assistance to counter the Islamic - State of Iraq and Syria. -Sec. 1223. Extension and modification of authority to support - operations and activities of the Office of - Security Cooperation in Iraq. -Sec. 1224. Coordinator of United States Government activities and - matters in connection with detainees who - are members of the Islamic State of Iraq - and Syria. + provide defense services to the military and security forces + of Afghanistan. +Sec. 1212. Extension and modification of authority to acquire products + and services produced in countries along a major route of + supply to Afghanistan. +Sec. 1213. Authority for certain payments to redress injury and loss. +Sec. 1214. Extension and modification of semiannual report on enhancing + security and stability in Afghanistan. +Sec. 1215. Special Immigrant Visa program reporting requirement. +Sec. 1216. Meaningful inclusion of Afghan women in peace negotiations. +Sec. 1217. Extension and modification of authority for reimbursement of + certain coalition nations for support provided to United + States military operations. +Sec. 1218. Support for reconciliation activities led by the Government + of Afghanistan. +Sec. 1219. Modification and extension of the Afghan Special Immigrant + Visa Program. + + Subtitle C--Matters Relating to Syria, Iraq, and Iran + +Sec. 1221. Modification of authority and limitation on use of funds to + provide assistance to counter the Islamic State of Iraq and + Syria. +Sec. 1222. Extension and modification of authority to provide assistance + to vetted Syrian groups and individuals. +Sec. 1223. Modification of authority to support operations and + activities of the Office of Security Cooperation in Iraq. +Sec. 1224. Establishing a coordinator for detained ISIS members and + relevant displaced populations in Syria. Sec. 1225. Report on lessons learned from efforts to liberate Mosul and - Raqqah from control of the Islamic State of - Iraq and Syria. - Subtitle D--Matters Relating to Europe and the Russian Federation - -Sec. 1231. Prohibition on availability of funds relating to sovereignty - of the Russian Federation over Crimea. -Sec. 1232. Prohibition on use of funds for withdrawal of Armed Forces - from Europe in the event of United States - withdrawal from the North Atlantic Treaty. -Sec. 1233. Extension of limitation on military cooperation between the - United States and the Russian Federation. -Sec. 1234. Modification and extension of Ukraine Security Assistance - Initiative. -Sec. 1235. Extension of authority for training for Eastern European - national security forces in the course of - multilateral exercises. -Sec. 1236. Limitation on transfer of F-35 aircraft to the Republic of - Turkey. -Sec. 1237. Modifications of briefing, notification, and reporting - requirements relating to non-compliance by - the Russian Federation with its obligations - under the INF Treaty. -Sec. 1238. Extension and modification of security assistance for Baltic - nations for joint program for - interoperability and deterrence against - aggression. -Sec. 1239. Report on North Atlantic Treaty Organization Readiness - Initiative. -Sec. 1240. Reports on contributions to the North Atlantic Treaty - Organization. -Sec. 1241. Future years plans for European Deterrence Initiative. -Sec. 1242. Modification of reporting requirements relating to the Open - Skies Treaty. -Sec. 1243. Report on nuclear weapons of the Russian Federation and - nuclear modernization of the People's - Republic of China. -Sec. 1244. Sense of Senate on the 70th anniversary of the North - Atlantic Treaty Organization. -Sec. 1245. Sense of Senate on United States force posture in Europe and - the Republic of Poland. -Sec. 1246. Sense of Senate on United States partnership with the - Republic of Georgia. - Subtitle E--Matters Relating to the Indo-Pacific Region - -Sec. 1251. Limitation on use of funds to reduce the total number of - members of the Armed Forces in the - territory of the Republic of Korea. -Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative. -Sec. 1253. Modification of annual report on military and security - developments involving the People's - Republic of China. -Sec. 1254. Report on resourcing United States defense requirements for - the Indo-Pacific region. -Sec. 1255. Report on distributed lay-down of United States forces in - the Indo-Pacific region. -Sec. 1256. Sense of Senate on the United States-Japan alliance and - defense cooperation. -Sec. 1257. Sense of Senate on enhancement of the United States-Taiwan - defense relationship. -Sec. 1258. Sense of Senate on United States-India defense relationship. -Sec. 1259. Sense of Senate on security commitments to the Governments - of Japan and the Republic of Korea and - trilateral cooperation among the United - States, Japan, and the Republic of Korea. -Sec. 1260. Sense of Senate on enhanced cooperation with Pacific Island - countries to establish open-source - intelligence fusion centers in the Indo- - Pacific region. -Sec. 1261. Sense of Senate on enhancing defense and security - cooperation with the Republic of Singapore. - Subtitle F--Reports - -Sec. 1271. Report on cost imposition strategy. - Subtitle G--Other Matters + Raqqah from control of the Islamic State of Iraq and Syria. +Sec. 1226. Expansion of availability of financial assets of Iran to + victims of terrorism. +Sec. 1227. Report on the status of deconfliction channels with Iran. +Sec. 1228. Prohibition on provision of weapons and other forms of + support to certain organizations. + + Subtitle D--Matters Relating to the Russian Federation + +Sec. 1231. Extension of limitation on military cooperation between the + United States and Russia. +Sec. 1232. Prohibition on availability of funds relating to sovereignty + of Russia over Crimea. +Sec. 1233. Sense of Congress on updating and modernizing existing + agreements to avert miscalculation between the United States + and Russia. +Sec. 1234. United States participation in Open Skies Treaty. +Sec. 1235. Modifications of briefing, notification, and reporting + requirements relating to non-compliance by the Russian + Federation with its obligations under the INF Treaty. +Sec. 1236. Report on treaties relating to nuclear arms control. +Sec. 1237. Reports relating to the New START Treaty. +Sec. 1238. Report on military activities of the Russian Federation and + the People's Republic of China in the Arctic region. +Sec. 1239. Updated strategy to counter the threat of malign influence by + the Russian Federation and other countries. + + Subtitle E--Matters Relating to Europe and NATO + +Sec. 1241. Sense of Congress on support for the North Atlantic Treaty + Organization. +Sec. 1242. Prohibition on the use of funds to suspend, terminate, or + provide notice of denunciation of the North Atlantic Treaty. +Sec. 1243. Future years plans and planning transparency for the European + Deterrence Initiative. +Sec. 1244. Modification and extension of Ukraine Security Assistance + Initiative. +Sec. 1245. Limitation on transfer of F-35 aircraft to Turkey. +Sec. 1246. Baltic defense assessment; extension and modification of + security assistance for Baltic countries for joint program for + interoperability and deterrence against aggression. +Sec. 1247. Extension of authority for and report on training for Eastern + European national security forces in the course of + multilateral exercises. +Sec. 1248. Extension and modification of NATO Special Operations + Headquarters. +Sec. 1249. North Atlantic Treaty Organization Joint Force Command. +Sec. 1250. Report on North Atlantic Treaty Organization Readiness + Initiative. +Sec. 1250A. Repeal of prohibition on transfer of articles on the United + States munitions list to the Republic of Cyprus. + + Subtitle F--Matters Relating to the Indo-Pacific Region + +Sec. 1251. Modification of Indo-Pacific Maritime Security Initiative. +Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and + limitation on use of funds. +Sec. 1253. Report on resourcing United States defense requirements for + the Indo-Pacific region and study on competitive strategies. +Sec. 1254. Limitation on use of funds to reduce the total number of + members of the Armed Forces serving on active duty who are + deployed to South Korea. +Sec. 1255. Report on direct, indirect, and burden-sharing contributions + of Japan and South Korea. +Sec. 1256. Sense of Congress on security commitments to the Governments + of Japan and the Republic of Korea and trilateral cooperation + among the United States, Japan, and the Republic of Korea. +Sec. 1257. Sense of Congress on North Korea. +Sec. 1258. Statement of policy and sense of Congress on, and strategy to + fulfill obligations under, Mutual Defense Treaty with the + Republic of the Philippines. +Sec. 1259. Report on security cooperation with the Philippine National + Police. +Sec. 1260. Modification of annual report on military and security + developments involving the People's Republic of China. +Sec. 1260A. Report on foreign military activities in Pacific Island + countries. +Sec. 1260B. Report on cybersecurity activities with Taiwan. +Sec. 1260C. Review and report related to the Taiwan Relations Act. +Sec. 1260D. Sense of Congress on enhancement of the United States-Taiwan + defense relationship. +Sec. 1260E. Chinese foreign direct investment in countries of the Arctic + region. +Sec. 1260F. Sense of Congress on policy toward Hong Kong. +Sec. 1260G. Sense of Congress on enhancing defense and security + cooperation with the Republic of Singapore. +Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup. +Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from + entity list of Bureau of Industry and Security. +Sec. 1260J. Report on ZTE compliance with Superseding Settlement + Agreement and Superseding Order. +Sec. 1260K. Report on the lay-down of United States Marines in the Indo- + Pacific Region. + + Subtitle G--Other Matters + +Sec. 1261. Modification to report on legal and policy frameworks for the + use of military force. +Sec. 1262. Independent review of sufficiency of resources available to + United States Southern Command and United States Africa + Command. +Sec. 1263. United States Central Command posture assessment and review. +Sec. 1264. Limitation on production of nuclear proliferation assessment + statements. +Sec. 1265. Western Hemisphere resource assessment. +Sec. 1266. Human rights in Brazil. +Sec. 1267. Certification relating to assistance for Guatemala. +Sec. 1268. Independent analysis of human rights situation in Honduras. +Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian + military to prevent, mitigate, and respond to civilian harm. +Sec. 1270. Report on implications of Chinese military presence in + Djibouti. +Sec. 1271. Rule of construction on the permanent stationing of United + States Armed Forces in Somalia. +Sec. 1272. Defense and diplomatic strategy for Libya. +Sec. 1273. Prohibition on in-flight refueling to non-United States + aircraft that engage in hostilities in the ongoing civil war + in Yemen. +Sec. 1274. Report on Saudi-led coalition strikes in Yemen. +Sec. 1275. Reports on expenses incurred for in-flight refueling of Saudi + coalition aircraft conducting missions relating to civil war + in Yemen. +Sec. 1276. Report on Saudi Arabia's human rights record. +Sec. 1277. Report on intelligence community assessment relating to the + killing of Washington Post columnist Jamal Khashoggi. +Sec. 1278. United States-Israel cooperation to counter unmanned aerial + systems. +Sec. 1279. Extension and modification of authority for United States- + Israel anti-tunnel cooperation activities. +Sec. 1280. Report on cost imposition strategy. +Sec. 1281. Modification of initiative to support protection of national + security academic researchers from undue influence and other + security threats. +Sec. 1282. Modification of responsibility for policy on civilian + casualty matters. +Sec. 1283. Report on export of certain satellites to entities with + certain beneficial ownership structures. +Sec. 1284. Rule of construction relating to the use of military force. +Sec. 1285. Reports and briefings on use of military force and support of + partner forces. -Sec. 1281. NATO Special Operations Headquarters. -Sec. 1282. Modifications of authorities relating to acquisition and - cross-servicing agreements. -Sec. 1283. Modification of authority for United States-Israel anti- - tunnel cooperation activities. -Sec. 1284. United States-Israel cooperation to counter unmanned aerial - systems. -Sec. 1285. Modification of initiative to support protection of national - security academic researchers from undue - influence and other security threats. -Sec. 1286. Independent assessment of human rights situation in - Honduras. -Sec. 1287. United States Central Command posture review. -Sec. 1288. Reports on expenses incurred for in-flight refueling of - Saudi coalition aircraft conducting - missions relating to civil war in Yemen. -Sec. 1289. Sense of Senate on security concerns with respect to leasing - arrangements for the Port of Haifa in - Israel. TITLE XIII--COOPERATIVE THREAT REDUCTION -Sec. 1301. Funding allocations for Department of Defense Cooperative - Threat Reduction Program. - TITLE XIV--OTHER AUTHORIZATIONS +Sec. 1301. Funding allocations; specification of cooperative threat + reduction funds. - Subtitle A--Military Programs + TITLE XIV--OTHER AUTHORIZATIONS + + Subtitle A--Military Programs Sec. 1401. Working capital funds. -Sec. 1402. Chemical Agents and Munitions Destruction, Defense. -Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. -Sec. 1404. Defense Inspector General. -Sec. 1405. Defense Health Program. - Subtitle B--National Defense Stockpile - -Sec. 1411. Modification of prohibition on acquisition of sensitive - materials from non-allied foreign nations. - Subtitle C--Armed Forces Retirement Home - -Sec. 1421. Authorization of appropriations for Armed Forces Retirement - Home. -Sec. 1422. Expansion of eligibility for residence at the Armed Forces - Retirement Home. - Subtitle D--Other Matters - -Sec. 1431. Authority for transfer of funds to joint Department of - Defense-Department of Veterans Affairs - Medical Facility Demonstration Fund for - Captain James A. Lovell Health Care Center, - Illinois. +Sec. 1402. Chemical agents and munitions destruction, defense. +Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. +Sec. 1404. Defense inspector general. +Sec. 1405. Defense health program. + + Subtitle B--Other Matters + +Sec. 1411. Authority for transfer of funds to joint Department of + Defense-Department of Veterans Affairs Medical Facility + Demonstration Fund for Captain James A. Lovell Health Care + Center, Illinois. +Sec. 1412. Authorization of appropriations for Armed Forces Retirement + Home. + TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS - Subtitle A--Authorization of Additional Appropriations - Sec. 1501. Purpose. -Sec. 1502. Overseas contingency operations. -Sec. 1503. Procurement. -Sec. 1504. Research, development, test, and evaluation. -Sec. 1505. Operation and maintenance. -Sec. 1506. Military personnel. -Sec. 1507. Working capital funds. -Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. -Sec. 1509. Defense Inspector General. -Sec. 1510. Defense Health Program. - Subtitle B--Financial Matters - -Sec. 1521. Treatment as additional authorizations. -Sec. 1522. Special transfer authority. +Sec. 1502. Treatment as additional authorizations. + + Subtitle A--Authorization of Appropriations for Overseas Contingency + Operations + +Sec. 1511. Overseas contingency operations. +Sec. 1512. Procurement. +Sec. 1513. Research, development, test, and evaluation. +Sec. 1514. Operation and maintenance. +Sec. 1515. Military personnel. +Sec. 1516. Working capital funds. +Sec. 1517. Drug interdiction and counter-drug activities, defense-wide. +Sec. 1518. Defense inspector general. +Sec. 1519. Defense health program. +Sec. 1520. Afghanistan security forces fund. +Sec. 1520A. Special transfer authority. + + Subtitle B--Authorization of Appropriations for Emergency Funds for + Recovery and Restoration + +Sec. 1521. Procurement. +Sec. 1522. Research, development, test, and evaluation. +Sec. 1523. Operation and maintenance. +Sec. 1524. Restriction on transfer of funds authorized by this subtitle. + TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS Subtitle A--Space Activities - PART I--United States Space Force - -Sec. 1601. Assistant Secretary of Defense for Space Policy. -Sec. 1602. Principal Assistant to the Secretary of the Air Force for - Space Acquisition and Integration. -Sec. 1603. Military space forces within the Air Force. -Sec. 1604. Redesignation of Air Force Space Command as United States - Space Force. -Sec. 1605. Assignment of personnel to the National Reconnaissance - Office for mission needs. -Sec. 1606. Report on establishment of position of Under Secretary of - the Air Force for Space. -Sec. 1607. Report on enhanced integration of capabilities of the - National Security Agency, the National - Geospatial-Intelligence Agency, and the - United States Space Command for joint - operations. -Sec. 1608. Limitation on availability of funds. - PART II--Other Space Matters - -Sec. 1611. Repeal of requirement to establish Space Command as a - subordinate unified command of the United - States Strategic Command. -Sec. 1612. Program to enhance and improve launch support and - infrastructure. -Sec. 1613. Modification of enhancement of positioning, navigation, and - timing capacity. -Sec. 1614. Modification of term of Commander of Air Force Space - Command. -Sec. 1615. Annual report on Space Command and Control program. -Sec. 1616. Requirements for phase 2 of acquisition strategy for - National Security Space Launch program. - Subtitle B--Defense Intelligence and Intelligence-related Activities +Sec. 1601. Repeal of requirement to establish United States Space + Command as a subordinate unified command of the United States + Strategic Command. +Sec. 1602. Coordination of modernization efforts relating to military- + code capable GPS receiver cards. +Sec. 1603. Demonstration of backup and complementary positioning, + navigation, and timing capabilities of Global Positioning + System. +Sec. 1604. Annual determination on plan on full integration and + exploitation of overhead persistent infrared capability. +Sec. 1605. Space-based environmental monitoring mission requirements. +Sec. 1606. Resilient enterprise ground architecture. +Sec. 1607. Prototype program for multi-global navigation satellite + system receiver development. +Sec. 1608. Commercial space situational awareness capabilities. +Sec. 1609. Program to enhance and improve launch support and + infrastructure. +Sec. 1610. Preparation to implement plan for use of allied launch + vehicles. +Sec. 1611. Independent study on plan for deterrence in space. +Sec. 1612. Study on leveraging diverse commercial satellite remote + sensing capabilities. +Sec. 1613. Annual report on Space Command and Control program. +Sec. 1614. Report on space debris. + + Subtitle B--Defense Intelligence and Intelligence-Related Activities Sec. 1621. Redesignation of Under Secretary of Defense for Intelligence - as Under Secretary of Defense for - Intelligence and Security. -Sec. 1622. Repeal of certain requirements relating to integration of - Department of Defense intelligence, - surveillance, and reconnaissance - capabilities. -Sec. 1623. Improving the onboarding methodology for certain - intelligence personnel. -Sec. 1624. Defense Counterintelligence and Security Agency activities - on facilitating access to local criminal - records historical data. - Subtitle C--Cyberspace-related Matters - -Sec. 1631. Reorientation of Big Data Platform program. -Sec. 1632. Zero-based review of Department of Defense cyber and - information technology personnel. -Sec. 1633. Study on improving cyber career paths in the Navy. -Sec. 1634. Framework to enhance cybersecurity of the United States - defense industrial base. -Sec. 1635. Role of Chief Information Officer in improving enterprise- - wide cybersecurity. -Sec. 1636. Quarterly assessments of the readiness of cyber forces. -Sec. 1637. Control and analysis of Department of Defense data stolen - through cyberspace. -Sec. 1638. Accreditation standards and processes for cybersecurity and - information technology products and - services. -Sec. 1639. Extension of authorities for Cyberspace Solarium Commission. -Sec. 1640. Modification of elements of assessment required for - termination of dual-hat arrangement for - Commander of the United States Cyber - Command. -Sec. 1641. Use of National Security Agency cybersecurity expertise to - support acquisition of commercial - cybersecurity products. -Sec. 1642. Study on future cyber warfighting capabilities of Department - of Defense. -Sec. 1643. Authority to use operation and maintenance funds for cyber - operations-peculiar capability development - projects. -Sec. 1644. Expansion of authority for access and information relating - to cyberattacks on Department of Defense - operationally critical contractors. -Sec. 1645. Briefing on memorandum of understanding relating to joint - operational planning and control of cyber - attacks of national scale. -Sec. 1646. Study to determine the optimal strategy for structuring and - manning elements of the Joint Force - Headquarters-Cyber organizations, Joint - Mission Operations Centers, and Cyber - Operations-Integrated Planning Elements. -Sec. 1647. Cyber governance structures and Principal Cyber Advisors on - military cyber force matters. -Sec. 1648. Designation of test networks for testing and accreditation - of cybersecurity products and services. -Sec. 1649. Consortia of universities to advise Secretary of Defense on - cybersecurity matters. + as Under Secretary of Defense for Intelligence and Security. +Sec. 1622. Modifications to ISR Integration Council and annual briefing + requirements. +Sec. 1623. Modification of annual authorization of appropriations for + National Flagship Language Initiative. +Sec. 1624. Improving the onboarding methodology for intelligence + personnel. +Sec. 1625. Defense Counterintelligence and Security Agency activities on + facilitating access to local criminal records historical data. +Sec. 1626. Survey and report on alignment of intelligence collections + capabilities and activities with Department of Defense + requirements. +Sec. 1627. Reports on Consolidated Adjudication Facility of the Defense + Counterintelligence and Security Agency. +Sec. 1628. Report on the expanded purview of the Defense + Counterintelligence and Security Agency. +Sec. 1629. Termination of requirement for Department of Defense facility + access clearances for joint ventures composed of previously- + cleared entities. + + Subtitle C--Cyberspace-Related Matters + +Sec. 1631. Matters relating to military operations in the information + environment. +Sec. 1632. Notification requirements for sensitive military cyber + operations. +Sec. 1633. Evaluation of cyber vulnerabilities of major weapon systems + of the Department of Defense. +Sec. 1634. Quarterly assessments of the readiness of Cyber Mission + Forces. +Sec. 1635. Cyber posture review. +Sec. 1636. Modification of elements of assessment required for + termination of dual-hat arrangement for Commander of the + United States Cyber Command. +Sec. 1637. Modification of cyber scholarship program. +Sec. 1638. Tier 1 exercise of support to civil authorities for a cyber + incident. +Sec. 1639. Extension of the Cyberspace Solarium Commission. +Sec. 1640. Authority to use operation and maintenance funds for cyber + operations-peculiar capability development projects. +Sec. 1641. Role of Chief Information Officer in improving enterprise- + wide cybersecurity. +Sec. 1642. Notification of delegation of authorities to the Secretary of + Defense for military operations in cyberspace. +Sec. 1643. Limitation of funding for Consolidated Afloat Networks and + Enterprise Services. +Sec. 1644. Annual military cyberspace operations report. +Sec. 1645. Annual report on cyber attacks and intrusions against the + Department of Defense by certain foreign entities. +Sec. 1646. Control and analysis of Department of Defense data stolen + through cyberspace. +Sec. 1647. Use of National Security Agency cybersecurity expertise to + support evaluation of commercial cybersecurity products. +Sec. 1648. Framework to enhance cybersecurity of the United States + defense industrial base. +Sec. 1649. Report on cybersecurity training programs. +Sec. 1650. National Security Presidential Memorandums relating to + Department of Defense operations in cyberspace. +Sec. 1651. Reorientation of Big Data Platform program. +Sec. 1652. Zero-based review of Department of Defense cyber and + information technology personnel. +Sec. 1653. Study on improving cyber career paths in the Navy. +Sec. 1654. Accreditation standards and processes for cybersecurity and + information technology products and services. +Sec. 1655. Study on future cyber warfighting capabilities of Department + of Defense. +Sec. 1656. Study to determine the optimal strategy for structuring and + manning elements of the Joint Force Headquarters-Cyber + Organizations, Joint Mission Operations Centers, and Cyber + Operations-Integrated Planning Elements. +Sec. 1657. Cyber governance structures and Principal Cyber Advisors on + military cyber force matters. +Sec. 1658. Designation of test networks for testing and accreditation of + cybersecurity products and services. +Sec. 1659. Consortia of universities to advise Secretary of Defense on + cybersecurity matters. +Sec. 1660. Joint assessment of Department of Defense cyber red team + capabilities, capacity, demand, and requirements. + Subtitle D--Nuclear Forces -Sec. 1661. Modification of authorities relating to nuclear command, - control, and communications system. -Sec. 1662. Expansion of officials required to conduct biennial - assessments of delivery platforms for - nuclear weapons and nuclear command and - control system. -Sec. 1663. Conforming amendment to Council on Oversight of the National - Leadership Command, Control, and - Communications System. -Sec. 1664. Prohibition on reduction of the intercontinental ballistic - missiles of the United States. -Sec. 1665. Briefing on long-range standoff weapon and sea-launched - cruise missile. -Sec. 1666. Sense of the Senate on industrial base for Ground-Based - Strategic Deterrent program. -Sec. 1667. Sense of the Senate on nuclear deterrence commitments of the - United States. +Sec. 1661. Conforming amendment to Council on Oversight of the National + Leadership Command, Control, and Communications System. +Sec. 1662. Modification of authorities relating to nuclear command, + control, and communications system. +Sec. 1663. Briefings on meetings held by Nuclear Weapons Council. +Sec. 1664. Consideration of budget matters at meetings of Nuclear + Weapons Council. +Sec. 1665. Improvement to annual report on the modernization of the + nuclear weapons enterprise. +Sec. 1666. Expansion of officials required to conduct biennial + assessments of delivery platforms for nuclear weapons and + nuclear command and control system. +Sec. 1667. Extension of annual briefing on costs of forward-deploying + nuclear weapons in Europe. +Sec. 1668. Elimination of conventional requirement for long-range + standoff weapon. +Sec. 1669. Briefing on long-range standoff weapon and sea-launched + cruise missile. +Sec. 1670. Extension of prohibition on availability of funds for mobile + variant of ground-based strategic deterrent missile. +Sec. 1671. Reports on development of ground-based strategic deterrent + weapon. +Sec. 1672. Prohibition on reduction of the intercontinental ballistic + missiles of the United States. +Sec. 1673. Independent study on policy of no-first-use of nuclear + weapons. +Sec. 1674. Independent study on risks of nuclear terrorism and nuclear + war. +Sec. 1675. Report on military-to-military dialogue to reduce risks of + miscalculation leading to nuclear war. +Sec. 1676. Report on nuclear forces of the United States and near-peer + countries. +Sec. 1677. Report on operation of conventional forces of military + departments under employment or threat of employment of + nuclear weapons. +Sec. 1678. Report on operation of conventional forces of certain + combatant commands under employment or threat of employment of + nuclear weapons. +Sec. 1679. Briefings on plan for future-systems-level architecture of + nuclear command, control, and communications systems. +Sec. 1680. Sense of Congress on nuclear deterrence commitments of the + United States. + Subtitle E--Missile Defense Programs -Sec. 1671. Iron Dome short-range rocket defense system and Israeli - cooperative missile defense program co- - development and co-production. -Sec. 1672. Expansion of national missile defense policy and program - redesignation. -Sec. 1673. Acceleration of the deployment of persistent space-based - sensor architecture. -Sec. 1674. Nonstandard acquisition processes of Missile Defense Agency. -Sec. 1675. Plan for the Redesigned Kill Vehicle. -Sec. 1676. Report on improving ground-based midcourse defense element - of ballistic missile defense system. -Sec. 1677. Sense of the Senate on recent Missile Defense Agency tests. -Sec. 1678. Sense of the Senate on missile defense technology - development priorities. -Sec. 1679. Publication of environmental impact statement prepared for - certain potential future missile defense - sites. - Subtitle F--Other Matters +Sec. 1681. National missile defense policy. +Sec. 1682. Development of space-based ballistic missile intercept layer. +Sec. 1683. Development of hypersonic and ballistic missile tracking + space sensor payload. +Sec. 1684. Modifications to required testing by Missile Defense Agency + of ground-based midcourse defense element of ballistic missile + defense system. +Sec. 1685. Iron Dome short-range rocket defense system and Israeli + cooperative missile defense program co-development and co- + production. +Sec. 1686. Limitation on availability of funds for lower tier air and + missile defense sensor. +Sec. 1687. Plan for the redesigned kill vehicle replacement. +Sec. 1688. Organization, authorities, and billets of the Missile Defense + Agency. +Sec. 1689. Annual assessment of ballistic missile defense system. +Sec. 1690. Command and control, battle management, and communications + program. +Sec. 1691. Missile defense interceptor site in contiguous United States. +Sec. 1692. Independent study on impacts of missile defense development + and deployment. +Sec. 1693. Report and briefing on multi-volume kill capability. + + Subtitle F--Other Matters + +Sec. 1694. Extension of authorization for protection of certain + facilities and assets from unmanned aircraft. +Sec. 1695. Repeal of requirement for commission on electromagnetic pulse + attacks and similar events. +Sec. 1696. Repeal of review requirement for ammonium perchlorate report. +Sec. 1697. Transferability of conventional prompt global strike weapon + system technologies to surface-launched platforms. +Sec. 1698. Prohibition on availability of funds for certain offensive + ground-launched ballistic or cruise missile systems. +Sec. 1699. Hard and deeply buried targets. + + TITLE XVII--REPORTS AND OTHER MATTERS + + Subtitle A--Studies and Reports + +Sec. 1701. Modification of annual reporting requirements on defense + manpower. +Sec. 1702. Termination of requirement for submittal to Congress of + certain recurring reports. +Sec. 1703. Modification of annual report on civilian casualties in + connection with United States military operations. +Sec. 1704. Extension of requirement for briefings on the national + biodefense strategy. +Sec. 1705. Authorization of appropriations for title III of the Defense + Production Act of 1950. +Sec. 1706. Report on the Department of Defense plan for mass-casualty + disaster response operations in the Arctic. +Sec. 1707. Transmittal to Congress of requests for assistance from other + departments of the Federal Government that are approved by the + Department of Defense. +Sec. 1708. Report and briefing on implementation of national defense + strategy. +Sec. 1709. Actions to increase analytic support. +Sec. 1710. Inclusion of certain individuals investigated by Inspectors + General in the semiannual report. +Sec. 1711. Annual report on Joint Military Information Support + Operations Web Operations Center. +Sec. 1712. Mobility capability requirements study. +Sec. 1713. Assessment of special operations force structure. +Sec. 1714. Army aviation strategic plan and modernization roadmap. +Sec. 1715. Report on ground-based long-range artillery to counter land + and maritime threats. +Sec. 1716. Independent review of transportation working-capital fund. +Sec. 1717. Geographic command risk assessment of proposed use of certain + aircraft capabilities. +Sec. 1718. Report on backlog of personnel security clearance + adjudications. +Sec. 1719. Report regarding outstanding Government Accountability Office + recommendations. +Sec. 1720. Report on National Guard and United States Northern Command + capacity to meet homeland defense and security incidents. +Sec. 1721. Assessment of standards, processes, procedures, and policy + relating to civilian casualties. +Sec. 1722. Report on transfers of equipment to prohibited entities. +Sec. 1723. Annual report on strikes undertaken by the United States + against terrorist targets outside areas of active hostilities. +Sec. 1724. Review and assessment of mitigation of military helicopter + noise. + + Subtitle B--Other Matters + +Sec. 1731. Technical, conforming, and clerical amendments. +Sec. 1732. Establishment of lead Inspector General for an overseas + contingency operation based on Secretary of Defense + notification. +Sec. 1733. Clarification of authority of Inspectors General for overseas + contingency operations. +Sec. 1734. Employment status of annuitants for Inspectors General for + overseas contingency operations. +Sec. 1735. Extension of National Security Commission on Artificial + Intelligence. +Sec. 1736. Exemption from calculation of monthly income, for purposes of + bankruptcy laws, of certain payments from the Department of + Veterans Affairs and the Department of Defense. +Sec. 1737. Extension of postage stamp for breast cancer research. +Sec. 1738. National Commission on Military Aviation Safety. +Sec. 1739. Guarantee of residency for spouses of members of the + uniformed services. +Sec. 1740. Electromagnetic pulses and geomagnetic disturbances. +Sec. 1741. Improvements to Manufacturing USA Program. +Sec. 1742. Regional innovation program. +Sec. 1743. Aviation workforce development. +Sec. 1744. Oversight of Department of Defense execute orders. +Sec. 1745. Processes and procedures for notifications regarding special + operations forces. +Sec. 1746. Securing American science and technology. +Sec. 1747. Standardized policy guidance for calculating aircraft + operation and sustainment costs. +Sec. 1748. Special Federal Aviation Regulation Working Group. +Sec. 1749. Prohibition on names related to the Confederacy. +Sec. 1750. Support for National Maritime Heritage Grants program. +Sec. 1751. Support for world language advancement and readiness. +Sec. 1752. Designation of Department of Defense strategic Arctic ports. +Sec. 1753. Independent studies regarding potential cost savings with + respect to the nuclear security enterprise and force structure + . +Sec. 1754. Comprehensive Department of Defense policy on collective + self-defense. +Sec. 1755. Policy regarding the transition of data and applications to + the cloud. +Sec. 1756. Integrated public alert and warning system. +Sec. 1757. Improving quality of information in background investigation + request packages. +Sec. 1758. Parole in place for members of the Armed Forces and certain + military dependents. +Sec. 1759. Report on reducing the backlog in legally required historical + declassification obligations of the Department of Defense. +Sec. 1760. Military type certification for light attack experimentation + aircraft. -Sec. 1681. Matters relating to military operations in the information - environment. -Sec. 1682. Extension of authorization for protection of certain - facilities and assets from unmanned - aircraft. -Sec. 1683. Hard and deeply buried targets. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be - specified by law. + specified by law. Sec. 2003. Effective date. - TITLE XXI--ARMY MILITARY CONSTRUCTION + + TITLE XXI--ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year - 2019 project. + 2019 projects. + TITLE XXII--NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. +Sec. 2205. Modification of authority to carry out certain fiscal year + 2017 project. + TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition - projects. + projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. -Sec. 2305. Modification of authority to carry out certain fiscal year - 2015 project. +Sec. 2305. Modification of authorities to carry out phased Joint + Intelligence Analysis Complex consolidation. Sec. 2306. Modification of authority to carry out certain fiscal year - 2016 project. + 2016 project. Sec. 2307. Modification of authority to carry out certain fiscal year - 2017 project. -Sec. 2308. Additional authority to carry out certain fiscal year 2018 - projects. + 2017 project. +Sec. 2308. Modification of authority to carry out certain fiscal year + 2018 projects. Sec. 2309. Modification of authority to carry out certain fiscal year - 2019 projects. + 2019 projects. + TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION -Sec. 2401. Authorized Defense Agencies construction and land - acquisition projects. +Sec. 2401. Authorized Defense Agencies construction and land acquisition + projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment - Program projects. + Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. - TITLE XXV--INTERNATIONAL PROGRAMS - Subtitle A--North Atlantic Treaty Organization Security Investment - Program + TITLE XXV--INTERNATIONAL PROGRAMS + + Subtitle A--North Atlantic Treaty Organization Security Investment + Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. - Subtitle B--Host Country In-Kind Contributions + + Subtitle B--Host Country In-kind Contributions Sec. 2511. Republic of Korea funded construction projects. - TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES + + TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land - acquisition projects. + acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition - projects. -Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve - construction and land acquisition projects. + projects. +Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction + and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land - acquisition projects. + acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land - acquisition projects. + acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. + TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and - closure activities funded through - Department of Defense Base Closure Account. + closure activities funded through Department of Defense base + closure account. Sec. 2702. Prohibition on conducting additional base realignment and - closure (BRAC) round. - TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS - - Subtitle A--Military Construction Program + closure (BRAC) round. -Sec. 2801. Military installation resilience plans and projects of - Department of Defense. -Sec. 2802. Prohibition on use of funds to reduce air base resiliency or - demolish protected aircraft shelters in the - European theater without creating a similar - protection from attack. -Sec. 2803. Prohibition on use of funds to close or return to the host - nation any existing air base. -Sec. 2804. Increased authority for certain unspecified minor military - construction projects. -Sec. 2805. Technical corrections and improvements to installation - resilience. - Subtitle B--Land Conveyances - -Sec. 2811. Release of interests retained in Camp Joseph T. Robinson, - Arkansas, for use of such land as a - veterans cemetery. -Sec. 2812. Transfer of administrative jurisdiction over certain parcels - of Federal land in Arlington, Virginia. -Sec. 2813. Modification of requirements relating to land acquisition in - Arlington County, Virginia. -Sec. 2814. White Sands Missile Range Land Enhancements. - Subtitle C--Other Matters + TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS -Sec. 2821. Equal treatment of insured depository institutions and - credit unions operating on military - installations. -Sec. 2822. Expansion of temporary authority for acceptance and use of - contributions for certain construction, - maintenance, and repair projects mutually - beneficial to the Department of Defense and - Kuwait military forces. -Sec. 2823. Designation of Sumpter Smith Joint National Guard Base. -Sec. 2824. Prohibition on use of funds to privatize temporary lodging - on installations of Department of Defense. -Sec. 2825. Pilot program to extend service life of roads and runways - under the jurisdiction of the Secretaries - of the military departments. - TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION + Subtitle A--Military Construction Program + +Sec. 2801. Military installation resilience plans and projects. +Sec. 2802. Improved consultation with tribal governments when proposed + military construction projects potentially impact Indian + tribes. +Sec. 2803. Increased authority for use of certain appropriations amounts + for restoration or replacement of damaged or destroyed + facilities. +Sec. 2804. Amendment of Unified Facilities Criteria to promote military + installation resilience, energy resilience, energy and climate + resiliency, and cyber resilience. +Sec. 2805. Modification to Department of Defense Form 1391 regarding + consideration of potential long-term adverse environmental + effects. +Sec. 2806. Improved flood risk disclosure for military construction. +Sec. 2807. Prioritization of projects in annual report on unfunded + requirements for laboratory military construction projects. +Sec. 2808. Technical corrections and improvements to defense access road + resilience. +Sec. 2809. Military construction projects for child development centers + at military installations. +Sec. 2810. Prohibition on use of funds to reduce air base resiliency or + demolish protected aircraft shelters in the European theater + without creating a similar protection from attack. +Sec. 2811. Prohibition on use of funds to close or return certain bases + to the host nation. + + Subtitle B--Real Property and Facilities Administration + +Sec. 2821. Improved energy security for main operating bases in Europe. +Sec. 2822. Access to Department of Defense installations for + credentialed transportation workers. +Sec. 2823. Improved recording and maintaining of Department of Defense + real property data. + + Subtitle C--Land Conveyances + +Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah. +Sec. 2832. Release of interests retained in Camp Joseph T. Robinson, + Arkansas, for use of such land as a veterans cemetery. +Sec. 2833. Modification of authorized uses of certain property conveyed + by the United States in Los Angeles, California. +Sec. 2834. Transfer of administrative jurisdiction over certain parcels + of Federal land in Arlington, Virginia. + + Subtitle D--Military Land Withdrawals + +Sec. 2841. Public notice regarding upcoming periods of Secretary of the + Navy management of Shared Use Area of the Johnson Valley Off- + Highway Vehicle Recreation Area. + + Subtitle E--White Sands National Park and White Sands Missile Range + +Sec. 2851. White Sands Missile Range Land Enhancements. + + Subtitle F--Other Matters + +Sec. 2861. Installation and maintenance of fire extinguishers in + Department of Defense facilities. +Sec. 2862. Definition of community infrastructure for purposes of + military base reuse studies and community planning assistance. +Sec. 2863. Temporary authority for acceptance and use of contributions + for certain design and construction projects mutually + beneficial to the Department of Defense and the Republic of + Korea. +Sec. 2864. Black start exercises at military installations. +Sec. 2865. Pilot program to extend service life of roads and runways + under the jurisdiction of the Secretary of Defense. +Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon + Backscatter Radar System receiving station, Modoc County, + California. +Sec. 2867. Designation of Sumpter Smith Joint National Guard Base. +Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation. +Sec. 2869. Lands to be taken into trust as part of the reservation of + the Lytton Rancheria. +Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana. +Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base. + + TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY + CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION + + Subtitle A--Overseas Contingency Operations Military Construction Sec. 2901. Authorized Army construction and land acquisition projects. Sec. 2902. Authorized Navy construction and land acquisition projects. Sec. 2903. Authorized Air Force construction and land acquisition - projects. -Sec. 2904. Authorized Defense Agencies construction and land - acquisition projects. -Sec. 2905. Disaster recovery projects. -Sec. 2906. Replenishment of certain military constructions funds. -Sec. 2907. Authorization of appropriations. + projects. +Sec. 2904. Authorized Defense Agencies construction and land acquisition + projects. +Sec. 2905. Authorization of appropriations. + + Subtitle B--Emergency Military Construction + +Sec. 2911. Authorization of emergency Navy construction and land + acquisition projects. +Sec. 2912. Authorization of emergency Air Force construction and land + acquisition projects. +Sec. 2913. Authorization of emergency Army National Guard construction + and land acquisition projects. +Sec. 2914. Authorization of emergency Defense Agencies construction and + land acquisition projects. +Sec. 2915. Authorization of emergency supplemental appropriations for + military construction projects. + TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM Sec. 3001. Definitions. - Subtitle A--Accountability and Oversight -Sec. 3011. Tenant bill of rights for privatized military housing. + Subtitle A--Addition of New Reform Subchapter + +Sec. 3011. Improved accountability and oversight of privatized military + housing and protections and responsibilities for tenants of + privatized military housing. Sec. 3012. Designation of Chief Housing Officer for privatized military - housing. -Sec. 3013. Command oversight of military privatized housing as element - of performance evaluations. -Sec. 3014. Consideration of history of landlord in contract renewal - process for privatized military housing. -Sec. 3015. Treatment of breach of contract for privatized military - housing. -Sec. 3016. Uniform code of basic standards for privatized military - housing and plan to conduct inspections and - assessments. -Sec. 3017. Repeal of supplemental payments to lessors and requirement - for use of funds in connection with the - Military Housing Privatization Initiative. -Sec. 3018. Standard for common credentials for health and environmental - inspectors of privatized military housing. -Sec. 3019. Improvement of privatized military housing. -Sec. 3020. Access to maintenance work order system of landlords of - privatized military housing. -Sec. 3021. Access by tenants of privatized military housing to work - order system of landlord. - Subtitle B--Prioritizing Families - -Sec. 3031. Dispute resolution process for landlord-tenant disputes - regarding privatized military housing and - requests to withhold payments. -Sec. 3032. Suspension of Resident Energy Conservation Program. -Sec. 3033. Access by tenants to historical maintenance information for - privatized military housing. -Sec. 3034. Prohibition on use of call centers outside the United States - for maintenance calls by tenants of - privatized military housing. -Sec. 3035. Radon testing for privatized military housing. -Sec. 3036. Expansion of windows covered by requirement to use window - fall prevention devices in privatized - military housing. -Sec. 3037. Requirements relating to move out and maintenance with - respect to privatized military housing. - Subtitle C--Long-Term Quality Assurance - -Sec. 3041. Development of standardized documentation, templates, and - forms for privatized military housing. -Sec. 3042. Council on privatized military housing. -Sec. 3043. Requirements relating to management of privatized military - housing. -Sec. 3044. Requirements relating to contracts for privatized military - housing. -Sec. 3045. Withholding of incentive fees for landlords of privatized - military housing for failure to remedy a - health or environmental hazard. -Sec. 3046. Expansion of direct hire authority for Department of Defense - for childcare services providers for - Department child development centers to - include direct hire authority for - installation military housing office - personnel. -Sec. 3047. Plan on establishment of Department of Defense jurisdiction - over off-base privatized military housing. - Subtitle D--Other Housing Matters - -Sec. 3051. Lead-based paint testing and reporting. -Sec. 3052. Satisfaction survey for tenants of military housing. -Sec. 3053. Information on legal services provided to members of the - Armed Forces harmed by health or - environmental hazards at military housing. -Sec. 3054. Mitigation of risks posed by certain items in military - family housing units. -Sec. 3055. Technical correction to certain payments for lessors of - privatized military housing. -Sec. 3056. Pilot program to build and monitor use of single family - homes. + housing. +Sec. 3013. Additional requirements relating to contracts for privatized + military housing. +Sec. 3014. Additional requirements relating to management of privatized + military housing. +Sec. 3015. Consideration of contractor history in contracts for + privatized military housing. +Sec. 3016. Additional improvements for management of privatized military + housing. +Sec. 3017. Maintenance work order system for privatized military + housing. +Sec. 3018. Access by tenants of privatized military housing to + maintenance work order system. +Sec. 3019. Access by tenants to historical maintenance information for + privatized military housing. +Sec. 3020. Prohibition on requirement to disclose personally + identifiable information in certain requests for maintenance + of privatized military housing. +Sec. 3021. Treatment of incentive fees for landlords of privatized + military housing for failure to remedy a health or + environmental hazard. +Sec. 3022. Dispute resolution process for landlord-tenant disputes + regarding privatized military housing and requests to withhold + payments during dispute resolution process. +Sec. 3023. Investigation of reports of reprisals relating to privatized + military housing and congressional notification. +Sec. 3024. Prohibition on use of nondisclosure agreements in connection + with leases of privatized military housing. + + Subtitle B--Other Amendatory Provisions + +Sec. 3031. Installation of carbon monoxide detectors in military family + housing. +Sec. 3032. Authority to furnish certain services in connection with use + of alternative authority for acquisition and improvement of + military housing. +Sec. 3033. Treatment of breach of contract for privatized military + housing. +Sec. 3034. Modification to requirements for window fall prevention + devices in military family housing units. +Sec. 3035. Expansion of direct hire authority for Department of Defense + for childcare services providers for Department child + development centers to include direct hire authority for + installation military housing office personnel. +Sec. 3036. Modification of authority to make payments to lessors of + privatized military housing. +Sec. 3037. Technical correction to definition used to make payments to + lessors of privatized military housing. + + Subtitle C--One-Time Reporting Requirements + +Sec. 3041. Report on civilian personnel shortages for appropriate + oversight of management of military housing constructed or + acquired using alternative authority for acquisition and + improvement of military housing. +Sec. 3042. Plans for creation of councils on privatized military + housing. +Sec. 3043. Plan for establishment of Department of Defense jurisdiction + over off-base privatized military housing. +Sec. 3044. Inspector General review of Department of Defense oversight + of privatized military housing. +Sec. 3045. Information on legal services provided to members of the + Armed Forces harmed by health or environmental hazards at + military housing. + + Subtitle D--Development of Housing Reform Standards and Processes + +Sec. 3051. Uniform code of basic standards for privatized military + housing and plan to conduct inspections and assessments. +Sec. 3052. Tool for assessment of hazards in Department of Defense + housing. +Sec. 3053. Process to identify and address environmental health hazards + in Department of Defense housing. +Sec. 3054. Department of Defense policy on lead-based paint testing on + military installations. +Sec. 3055. Standard for minimum credentials for health and environmental + inspectors of privatized military housing. +Sec. 3056. Requirements relating to move-in, move-out, and maintenance + of privatized military housing. +Sec. 3057. Standardized documentation, templates, and forms for + privatized military housing. +Sec. 3058. Satisfaction survey for tenants of military housing. + + Subtitle E--Other Housing Reform Matters + +Sec. 3061. Radon testing of privatized military housing. +Sec. 3062. Mitigation of risks posed by certain items in military family + housing units. +Sec. 3063. Suspension of Resident Energy Conservation Program and + related programs for privatized military housing. +Sec. 3064. Department of the Army pilot program to build and monitor use + of single family homes. + DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS - TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS - Subtitle A--National Security Programs and Authorizations + Subtitle A--National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. - Subtitle B--Program Authorizations, Restrictions, and Limitations -Sec. 3111. Technical corrections to National Nuclear Security - Administration Act and Atomic Energy - Defense Act. -Sec. 3112. National Nuclear Security Administration Personnel System. -Sec. 3113. Contracting, program management, scientific, engineering, - and technical positions at National Nuclear - Security Administration. -Sec. 3114. Prohibition on use of laboratory-directed research and - development funds for general and - administrative overhead costs. -Sec. 3115. Prohibition on use of funds for advanced naval nuclear fuel - system based on low-enriched uranium. - Subtitle C--Plans and Reports - -Sec. 3121. Estimation of costs of meeting defense environmental cleanup - milestones required by consent orders. -Sec. 3122. Extension of suspension of certain assessments relating to - nuclear weapons stockpile. -Sec. 3123. Repeal of requirement for review relating to enhanced - procurement authority. -Sec. 3124. Determination of effect of treaty obligations with respect - to producing tritium. -Sec. 3125. Assessment of high energy density physics. + Subtitle B--Program Authorizations, Restrictions, and Limitations + +Sec. 3111. Personnel matters at National Nuclear Security + Administration. +Sec. 3112. Estimation of costs of meeting defense environmental cleanup + milestones required by consent orders. +Sec. 3113. Office of Cost Estimating and Program Evaluation. +Sec. 3114. Clarification of certain Stockpile Responsiveness Program + objectives. +Sec. 3115. Elimination of limitation on availability of funds relating + to submission of annual reports on unfunded priorities. +Sec. 3116. Modification to certain requirements relating to plutonium + pit production capacity. +Sec. 3117. Annual certification of shipments to Waste Isolation Pilot + Plant. +Sec. 3118. Extension and modification of pilot program on unavailability + for overhead costs of amounts specified for laboratory- + directed research and development. +Sec. 3119. Modification to limitation on availability of funds for + acceleration of nuclear weapons dismantlement. +Sec. 3120. Implementation of common financial reporting system for + nuclear security enterprise. +Sec. 3121. Limitation relating to reclassification of high-level waste. +Sec. 3122. National Laboratory Jobs ACCESS Program. + + Subtitle C--Reports and Other Matters + +Sec. 3131. Civil penalties for violations of certain whistleblower + protections. +Sec. 3132. Repeal of assessments of adequacy of budget requests relating + to nuclear weapons stockpile. +Sec. 3133. Repeal of requirement for review relating to enhanced + procurement authority. +Sec. 3134. Improvements to Energy Employees Occupational Illness + Compensation Program Act of 2000. +Sec. 3135. Replacement of W78 warhead. +Sec. 3136. Independent review of capabilities for detection, + verification, and monitoring of nuclear weapons and fissile + material. +Sec. 3137. Assessment of high energy density physics. +Sec. 3138. Determination of effect of treaty obligations with respect to + producing tritium. +Sec. 3139. Technical corrections to National Nuclear Security + Administration Act and Atomic Energy Defense Act. + TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. -Sec. 3202. Improvement of management and organization of Defense - Nuclear Facilities Safety Board. +Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board. Sec. 3203. Membership of Defense Nuclear Facilities Safety Board. - TITLE XXXV--MARITIME ADMINISTRATION -Sec. 3501. Maritime Administration. + TITLE XXXIV--NAVAL PETROLEUM RESERVES + +Sec. 3401. Authorization of appropriations. + + TITLE XXXV--MARITIME MATTERS + + Subtitle A--Maritime Administration + +Sec. 3501. Authorization of the Maritime Administration. +Sec. 3502. Reauthorization of Maritime Security Program. +Sec. 3503. Maritime technical assistance program. +Sec. 3504. Appointment of candidates attending sponsored preparatory + school. +Sec. 3505. General support program. +Sec. 3506. Improvements to the maritime guaranteed loan program. +Sec. 3507. Requirement for small shipyard grantees. +Sec. 3508. Salvage recoveries of cargoes. +Sec. 3509. Salvage recoveries for subrogated ownership of vessels and + cargoes. +Sec. 3510. Maritime Occupational Safety and Health Advisory Committee. +Sec. 3511. Military to mariner. +Sec. 3512. Department of Transportation Inspector General Report. +Sec. 3513. Independent study on the United States Merchant Marine + Academy. +Sec. 3514. Port operations, research, and technology. +Sec. 3515. Assessment and report on strategic seaports. +Sec. 3516. Technical corrections. +Sec. 3517. United States Merchant Marine Academy sexual assault + prevention and response program. +Sec. 3518. Report on vessels for emerging offshore energy + infrastructure. +Sec. 3519. Report on United States flagged fuel tanker vessel capacity. + + Subtitle B--Cable Security Fleet + +Sec. 3521. Establishment of Cable Security Fleet. + + Subtitle C--Maritime SAFE Act + +Sec. 3531. Short titles. +Sec. 3532. Definitions. +Sec. 3533. Purposes. +Sec. 3534. Statement of policy. + + Part I--Programs to Combat IUU Fishing and Increase Maritime Security + +Sec. 3541. Coordination with international organizations. +Sec. 3542. Engagement of diplomatic missions of the United States. +Sec. 3543. Assistance by Federal agencies to improve law enforcement + within priority regions and priority flag states. +Sec. 3544. Expansion of existing mechanisms to combat IUU fishing. +Sec. 3545. Improvement of transparency and traceability programs. +Sec. 3546. Technology programs. +Sec. 3547. Savings clause. + + Part II--Establishment of Interagency Working Group on IUU Fishing + +Sec. 3551. Interagency Working Group on IUU Fishing. +Sec. 3552. Strategic plan. +Sec. 3553. Reports. +Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group. + + Part III--Combating Human Trafficking in Connection With the Catching + and Processing of Seafood Products + +Sec. 3561. Finding. +Sec. 3562. Adding the Secretary of Commerce to the Interagency Task + Force to Monitor and Combat Trafficking. +Sec. 3563. Human trafficking in the seafood supply chain report. + + Part IV--Authorization of Appropriations + +Sec. 3571. Authorization of appropriations. +Sec. 3572. Accounting of funds. + DIVISION D--FUNDING TABLES Sec. 4001. Authorization of amounts in funding tables. + TITLE XLI--PROCUREMENT Sec. 4101. Procurement. Sec. 4102. Procurement for overseas contingency operations. - TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION +Sec. 4103. Procurement for emergency requirements. + + TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas - contingency operations. + contingency operations. +Sec. 4203. Research, development, test, and evaluation for emergency + requirements. + TITLE XLIII--OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency - operations. + operations. +Sec. 4303. Operation and maintenance for emergency requirements. + TITLE XLIV--MILITARY PERSONNEL Sec. 4401. Military personnel. Sec. 4402. Military personnel for overseas contingency operations. - TITLE XLV--OTHER AUTHORIZATIONS + + TITLE XLV--OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Sec. 4502. Other authorizations for overseas contingency operations. - TITLE XLVI--MILITARY CONSTRUCTION + + TITLE XLVI--MILITARY CONSTRUCTION Sec. 4601. Military construction. Sec. 4602. Military construction for overseas contingency operations. +Sec. 4603. Military construction for emergency requirements. + TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. - DIVISION E--ADDITIONAL PROVISIONS - - TITLE LI--PROCUREMENT - -Sec. 5101. Briefing on plans to increase readiness of B-1 bomber - aircraft. -Sec. 5126. Limitation on availability of funds for the Littoral Combat - Ship. -Sec. 5151. Limitation on availability of funds for communications - systems lacking certain resiliency - features. - TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION - -Sec. 5201. Energetics plan. -Sec. 5202. Amendments to research project transaction authorities to - eliminate cost-sharing requirements and - reduce burdens on use. -Sec. 5203. Comparative capabilities of adversaries in artificial - intelligence. -Sec. 5204. Additional amounts for research, development, test, and - evaluation. -Sec. 5205. Briefing on explainable artificial intelligence. -Sec. 5206. Administration of centers for manufacturing innovation - funded by the Department of Defense. -Sec. 5207. Commercial edge computing technologies and best practices - for Department of Defense warfighting - systems. -Sec. 5211. Development and acquisition strategy to procure secure, low - probability of detection data link network - capability. -Sec. 5213. Limitation and report on Indirect Fire Protection Capability - Increment 2 enduring capability. - TITLE LIII--OPERATION AND MAINTENANCE - -Sec. 5301. Life cycle sustainment annual report for major weapon - systems of the Department of Defense. -Sec. 5302. Sense of Senate on prioritizing survivable logistics for the - Department of Defense. -Sec. 5303. Plan on sustainment of Rough Terrain Container Handler - fleets. -Sec. 5304. Requirement to include foreign language proficiency in - readiness reporting systems of Department - of Defense. -Sec. 5305. Monitoring of noise from flights and training of EA-18G - Growlers associated with Naval Air Station - Whidbey Island. -Sec. 5306. Sense of Congress on restoration of Tyndall Air Force Base. -Sec. 5318. Cooperative agreements with States to address contamination - by perfluoralkyl and polyflruoroalkyl - substances. -Sec. 5352. Limitation on use of funds regarding the basing of KC-46A - aircraft outside the continental United - States. - TITLE LIV--MILITARY PERSONNEL AUTHORIZATIONS - -Sec. 5401. Modification of authorized strength of Air Force Reserve - serving on full-time reserve component duty - for administration of the reserves or the - National Guard. - TITLE LV--MILITARY PERSONNEL POLICY - -Sec. 5501. Annual State report card. -Sec. 5502. Information and opportunities for registration for voting - and absentee ballot requests for members of - the Armed Forces undergoing deployment - overseas. -Sec. 5503. Study on two-way military ballot barcode tracking. -Sec. 5504. Sense of Senate on the honorable and distinguished service - of General Joseph F. Dunford, United States - Marine Corps, to the United States. -Sec. 5505. Participation of other Federal agencies in the SkillBridge - apprenticeship and internship program for - members of the Armed Forces. -Sec. 5506. Personnel tempo of the Armed Forces and the United States - Special Operations Command during periods - of inapplicability of high-deployment - limitations. -Sec. 5507. Report and briefing on the Senior Reserve Officers' Training - Corps. -Sec. 5508. Report on suicide prevention programs and activities for - members of the Armed Forces and their - families. -Sec. 5509. Sense of Congress on local performance of military accession - physicals. -Sec. 5510. Permanent authority to defer past age 64 the retirement of - chaplains in general and flag officer - grades. -Sec. 5546. Boards for Correction of Military Records and Discharge - Review Board matters. -Sec. 5585. Authorization for award of the Medal of Honor to John J. - Duffy for acts of valor in Vietnam. -Sec. 5587. Authority to award or present a decoration not previously - recommended in a timely fashion following a - review requested by Congress. - TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS - -Sec. 5601. Inclusion of certain veterans on temporary disability or - permanent disabled retirement lists in - military adaptive sports programs. -Sec. 5602. 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. -Sec. 5642. Treatment of fees of service provided as supplemental funds - for commissary operations. - TITLE LVII--HEALTH CARE PROVISIONS - -Sec. 5701. Contraceptive parity under the TRICARE program. -Sec. 5702. Exposure to open burn pits and toxic airborne chemicals as - part of periodic health assessments and - other physical examinations. -Sec. 5703. Preservation of resources of the Army Medical Research and - Materiel Command and treatment of - realignment of such command. - TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED - MATTERS -Sec. 5801. Report on contracts with entities affiliated with the - Government of the People's Republic of - China or the Chinese Communist Party. -Sec. 5802. Documentation of market research related to commercial item - determinations. -Sec. 5803. Analysis of alternatives pursuant to materiel development - decisions. - TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT - -Sec. 5901. Institutionalization within Department of Defense of - responsibilities and authorities of the - Chief Management Officer. -Sec. 5902. Allocation of former responsibilities of the Under Secretary - of Defense for Acquisition, Technology, and - Logistics. - TITLE LX--GENERAL MATTERS - -Sec. 6001. Utilizing significant emissions with innovative - technologies. -Sec. 6002. Reporting regarding cancelled appropriations. -Sec. 6003. Inclusion of progress of the Department of Defense in - achieving auditable financial statements in - annual reports on the Financial Improvement - and Audit Remediation Plan. -Sec. 6004. Exemption from calculation of monthly income, for purposes - of bankruptcy laws, certain payments from - the Department of Veterans Affairs and the - Department of Defense. -Sec. 6005. Silver Star Service Banner Day. -Sec. 6006. Electromagnetic pulses and geomagnetic disturbances. -Sec. 6007. Termination of leases of premises and motor vehicles of - servicemembers who incur catastrophic - injury or illness or die while in military - service. -Sec. 6008. Improvements to Network for Manufacturing Innovation - Program. -Sec. 6009. Regional innovation program. -Sec. 6010. Report on National Guard and United States Northern Command - capacity to meet homeland defense and - security incidents. -Sec. 6011. Comptroller General of the United States report on the - effects of continuing resolutions on - readiness and planning of the Department of - Defense. -Sec. 6012. Integrated public alert and warning system. -Sec. 6013. Report on impact of Liberian nationals on the national - security, foreign policy, and economic and - humanitarian interests of the United States - and a justification for adjustment of - status of qualifying Liberians to that of - lawful permanent residents. -Sec. 6014. Improving quality of information in background investigation - request packages. -Sec. 6015. Limitation on certain rolling stock procurements; - cybersecurity certification for rail - rolling stock and operations. -Sec. 6016. Sense of Congress on the naming of a naval vessel in honor - of Senior Chief Petty Officer Shannon Kent. -Sec. 6017. Authorization of appropriations for Defense Production Act - of 1950. -Sec. 6018. Investment in supply chain security under Defense Production - Act of 1950. -Sec. 6019. Aviation workforce development. -Sec. 6020. Little Shell Tribe of Chippewa Indians of Montana. -Sec. 6021. Pensacola dam and reservoir, Grand River, Oklahoma. - TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS - -Sec. 6201. Statement of policy and sense of Senate on Mutual Defense - Treaty with the Republic of the - Philippines. -Sec. 6202. Sense of Senate on enhanced cooperation with Pacific Island - countries to establish open-source - intelligence fusion centers in the Indo- - Pacific region. -Sec. 6203. Two-year extension of program authority for Global Security - Contingency Fund. -Sec. 6204. Repeal of prohibition on transfer of articles on the United - States munitions list to the Republic of - Cyprus. -Sec. 6205. United States-India defense cooperation in the Western - Indian Ocean. -Sec. 6206. Expansion of availability of financial assets of Iran to - victims of terrorism. -Sec. 6207. Report on export of certain satellites to entities with - certain beneficial ownership structures. -Sec. 6208. Sense of Congress on Hong Kong port visits. -Sec. 6209. Sense of Congress on policy toward Hong Kong. -Sec. 6210. Extension and modification of limitation on military - cooperation between the United States and - the Russian Federation. -Sec. 6211. Review and report on obligations of the United States under - Taiwan Relations Act. -Sec. 6212. Implementation of the Asia Reassurance Initiative Act with - regard to Taiwan arms sales. -Sec. 6213. North Atlantic Treaty Organization Joint Forces Command. -Sec. 6214. Report on military activities of the Russian Federation and - the People's Republic of China in the - Arctic region. -Sec. 6215. Efforts to ensure meaningful participation of Afghan women - in peace negotiations in Afghanistan. -Sec. 6216. Updated strategy to counter the threat of malign influence - by the Russian Federation and other - countries. -Sec. 6217. Modification of semiannual report on enhancing security and - stability in Afghanistan. -Sec. 6218. Sense of Congress on acquisition by Turkey of S-400 air - defense system. -Sec. 6219. Modification of initiative to support protection of national - security academic researchers from undue - influence and other security threats. -Sec. 6231. Prohibition on availability of funds relating to sovereignty - of the Russian Federation over Crimea. -Sec. 6236. Limitation on transfer of F-35 aircraft to the Republic of - Turkey. - TITLE LXIV--OTHER AUTHORIZATIONS - -Sec. 6401. Assessment of rare earth supply chain issues. -Sec. 6422. Expansion of eligibility for residence at the Armed Force - Retirement Home. - TITLE LXV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS - CONTINGENCY OPERATIONS +DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, AND + 2020 - Subtitle A--General Provisions +Sec. 5001. Short title. +Sec. 5002. Subdivisions and table of contents. +Sec. 5003. Definitions. -Sec. 6501. Review of Joint Improvised-Threat Defeat Organization - research relating to humanitarian demining - efforts. - Subtitle B--Inspectors General Matters - -Sec. 6511. Establishment of lead Inspector General for an overseas - contingency operation based on Secretary of - Defense notification. -Sec. 6512. Clarification of authority of Inspectors General for - overseas contingency operations. -Sec. 6513. Employment status of annuitants for Inspectors General for - overseas contingency operations. - TITLE LXVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS - -Sec. 6601. Annual report on development of ground-based strategic - deterrent weapon. -Sec. 6602. Sense of Senate on support for a robust and modern ICBM - force to maximize the value of the nuclear - triad of the United States. -Sec. 6603. Reports by military departments on operation of conventional - forces under employment or threat of - employment of nuclear weapons. -Sec. 6604. Reports by United States European Command and United States - Indo-Pacific Command on operation of - certain conventional forces under - employment or threat of employment of - nuclear weapons. -Sec. 6605. Joint assessment of Department of Defense cyber red team - capabilities, capacity, demand, and - requirements. -Sec. 6606. Report on the expanded purview of the Defense - Counterintelligence and Security Agency. -Sec. 6664. Prohibition on reduction of the intercontinental ballistic - missiles of the United States. - TITLE LXVII--PFAS RELEASE DISCLOSURE, DETECTION, AND SAFE DRINKING - WATER ASSISTANCE - -Sec. 6701. Definition of Administrator. - Subtitle A--PFAS Release Disclosure - -Sec. 6711. Additions to toxics release inventory. - Subtitle B--Drinking Water - -Sec. 6721. National primary drinking water regulations for PFAS. -Sec. 6722. Monitoring and detection. -Sec. 6723. Enforcement. -Sec. 6724. Drinking water state revolving funds. - Subtitle C--PFAS Detection - -Sec. 6731. Definitions. -Sec. 6732. Performance standard for the detection of perfluorinated - compounds. -Sec. 6733. Nationwide sampling. -Sec. 6734. Data usage. -Sec. 6735. Collaboration. -Sec. 6736. Authorization of appropriations. - Subtitle D--Safe Drinking Water Assistance - -Sec. 6741. Definitions. -Sec. 6742. Research and coordination plan for enhanced response on - emerging contaminants. - Subtitle E--Miscellaneous - -Sec. 6751. PFAS data call. -Sec. 6752. Significant new use rule for long-chain PFAS. -Sec. 6753. PFAS destruction and disposal guidance. -Sec. 6754. PFAS research and development. -TITLE LXVIII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT - SYNTHETIC OPIOIDS + Subdivision 1--Intelligence Authorizations for Fiscal Year 2020 + +Sec. 5100. Table of contents. + + TITLE LI--INTELLIGENCE ACTIVITIES + +Sec. 5101. Authorization of appropriations. +Sec. 5102. Classified schedule of authorizations. +Sec. 5103. Intelligence community management account. + + TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM + +Sec. 5201. Authorization of appropriations. + + TITLE LIII--INTELLIGENCE COMMUNITY MATTERS + + Subtitle A--General Intelligence Community Matters + +Sec. 5301. Restriction on conduct of intelligence activities. +Sec. 5302. Increase in employee compensation and benefits authorized by + law. +Sec. 5303. Expansion of scope of protections for identities of covert + agents. +Sec. 5304. Required counterintelligence assessments, briefings, + notifications, and reports. +Sec. 5305. Inclusion of security risks in program management plans + required for acquisition of major systems in National + Intelligence Program. +Sec. 5306. Intelligence community public-private talent exchange. +Sec. 5307. Assessment of contracting practices to identify certain + security and counterintelligence concerns. + + Subtitle B--Office of the Director of National Intelligence + +Sec. 5321. Establishment of Climate Security Advisory Council. +Sec. 5322. Foreign Malign Influence Response Center. +Sec. 5323. Encouragement of cooperative actions to detect and counter + foreign influence operations. +Sec. 5324. Transfer of National Intelligence University to the Office of + the Director of National Intelligence. + + Subtitle C--Inspector General of the Intelligence Community + +Sec. 5331. Definitions. +Sec. 5332. Inspector General external review panel. +Sec. 5333. Harmonization of whistleblower processes and procedures. +Sec. 5334. Oversight by Inspector General of the Intelligence Community + over intelligence community whistleblower matters. +Sec. 5335. Report on cleared whistleblower attorneys. + + Subtitle D--Central Intelligence Agency + +Sec. 5341. Clarification of certain authority of the Central + Intelligence Agency. + + TITLE LIV--SECURITY CLEARANCES + +Sec. 5401. Improving visibility into the security clearance process. +Sec. 5402. Making certain policies and execution plans relating to + personnel clearances available to industry partners. + + TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES + + Subtitle A--Matters Relating to Russia + +Sec. 5501. Annual reports on influence operations and campaigns in the + United States by the Russian Federation. +Sec. 5502. Assessment of legitimate and illegitimate financial and other + assets of Vladimir Putin. +Sec. 5503. Assessments of intentions of political leadership of the + Russian Federation. + + Subtitle B--Matters Relating to China + +Sec. 5511. Annual reports on influence operations and campaigns in the + United States by the Communist Party of China. +Sec. 5512. Report on repression of ethnic Muslim minorities in the + Xinjiang region of the People's Republic of China. +Sec. 5513. Report on efforts by People's Republic of China to influence + election in Taiwan. + + Subtitle C--Matters Relating to Other Countries + +Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and + Lebanon. +Sec. 5522. Assessments regarding the Northern Triangle and Mexico. + + TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM + +Sec. 5601. Definitions. +Sec. 5602. Strategic intelligence assessment of and reports on domestic + terrorism. + + TITLE LVII--REPORTS AND OTHER MATTERS + + Subtitle A--Reports and Briefings + +Sec. 5701. Modification of requirements for submission to Congress of + certain reports. +Sec. 5702. Increased transparency regarding counterterrorism budget of + the United States. +Sec. 5703. Study on role of retired and former personnel of intelligence + community with respect to certain foreign intelligence + operations. +Sec. 5704. Collection, analysis, and dissemination of workforce data. +Sec. 5705. Plan for strengthening the supply chain intelligence + function. +Sec. 5706. Comprehensive economic assessment of investment in key United + States technologies by companies or organizations linked to + China. +Sec. 5707. Report by Director of National Intelligence on fifth- + generation wireless network technology. +Sec. 5708. Report on use by intelligence community of facial recognition + technology. +Sec. 5709. Report on deepfake technology, foreign weaponization of + deepfakes, and related notifications. +Sec. 5710. Annual report by Comptroller General of the United States on + cybersecurity and surveillance threats to Congress. +Sec. 5711. Analysis of and periodic briefings on major initiatives of + intelligence community in artificial intelligence and machine + learning. +Sec. 5712. Report on best practices to protect privacy and civil + liberties of Chinese Americans. +Sec. 5713. Oversight of foreign influence in academia. +Sec. 5714. Report on death of Jamal Khashoggi. +Sec. 5715. Report on terrorist screening database. +Sec. 5716. Report containing threat assessment on terrorist use of + conventional and advanced conventional weapons. +Sec. 5717. Assessment of homeland security vulnerabilities associated + with certain retired and former personnel of the intelligence + community. +Sec. 5718. Study on feasibility and advisability of establishing + Geospatial-Intelligence Museum and learning center. + + Subtitle B--Other Matters + +Sec. 5721. Whistleblower disclosures to Congress and committees of + Congress. +Sec. 5722. Task force on illicit financing of espionage and foreign + influence operations. +Sec. 5723. Establishment of fifth-generation technology prize + competition. +Sec. 5724. Establishment of deepfakes prize competition. +Sec. 5725. Identification of and countermeasures against certain + International Mobile Subscriber Identity-catchers. +Sec. 5726. Securing energy infrastructure. + + Subdivision 2--Intelligence Authorizations for Fiscal Years 2018 and + 2019 + +Sec. 6100. Table of contents. + + TITLE LXI--INTELLIGENCE ACTIVITIES + +Sec. 6101. Authorization of appropriations. +Sec. 6102. Intelligence Community Management Account. + +TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM + +Sec. 6201. Authorization of appropriations. +Sec. 6202. Computation of annuities for employees of the Central + Intelligence Agency. + + TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS + +Sec. 6301. Restriction on conduct of intelligence activities. +Sec. 6302. Increase in employee compensation and benefits authorized by + law. +Sec. 6303. Modification of special pay authority for science, + technology, engineering, or mathematics positions and addition + of special pay authority for cyber positions. +Sec. 6304. Modification of appointment of Chief Information Officer of + the Intelligence Community. +Sec. 6305. Director of National Intelligence review of placement of + positions within the intelligence community on the Executive + Schedule. +Sec. 6306. Supply Chain and Counterintelligence Risk Management Task + Force. +Sec. 6307. Consideration of adversarial telecommunications and + cybersecurity infrastructure when sharing intelligence with + foreign governments and entities. +Sec. 6308. Cyber protection support for the personnel of the + intelligence community in positions highly vulnerable to cyber + attack. +Sec. 6309. Elimination of sunset of authority relating to management of + supply-chain risk. +Sec. 6310. Limitations on determinations regarding certain security + classifications. +Sec. 6311. Joint Intelligence Community Council. +Sec. 6312. Intelligence community information technology environment. +Sec. 6313. Report on development of secure mobile voice solution for + intelligence community. +Sec. 6314. Policy on minimum insider threat standards. +Sec. 6315. Submission of intelligence community policies. +Sec. 6316. Expansion of intelligence community recruitment efforts. + + TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY + + Subtitle A--Office of the Director of National Intelligence + +Sec. 6401. Authority for protection of current and former employees of + the Office of the Director of National Intelligence. +Sec. 6402. Designation of the program manager-information-sharing + environment. +Sec. 6403. Technical modification to the executive schedule. +Sec. 6404. Chief Financial Officer of the Intelligence Community. +Sec. 6405. Chief Information Officer of the Intelligence Community. + + Subtitle B--Central Intelligence Agency + +Sec. 6411. Central Intelligence Agency subsistence for personnel + assigned to austere locations. +Sec. 6412. Special rules for certain monthly workers' compensation + payments and other payments for Central Intelligence Agency + personnel. +Sec. 6413. Expansion of security protective service jurisdiction of the + Central Intelligence Agency. +Sec. 6414. Repeal of foreign language proficiency requirement for + certain senior level positions in the Central Intelligence + Agency. + +Subtitle C--Office of Intelligence and Counterintelligence of Department + of Energy + +Sec. 6421. Consolidation of Department of Energy Offices of Intelligence + and Counterintelligence. +Sec. 6422. Repeal of Department of Energy Intelligence Executive + Committee and budget reporting requirement. + + Subtitle D--Other Elements + +Sec. 6431. Plan for designation of counterintelligence component of + Defense Security Service as an element of intelligence + community. +Sec. 6432. Notice not required for private entities. +Sec. 6433. Establishment of advisory board for National Reconnaissance + Office. +Sec. 6434. Collocation of certain Department of Homeland Security + personnel at field locations. + + TITLE LXV--ELECTION MATTERS + +Sec. 6501. Report on cyber attacks by foreign governments against United + States election infrastructure. +Sec. 6502. Review of intelligence community's posture to collect against + and analyze Russian efforts to influence the Presidential + election. +Sec. 6503. Assessment of foreign intelligence threats to Federal + elections. +Sec. 6504. Strategy for countering Russian cyber threats to United + States elections. +Sec. 6505. Assessment of significant Russian influence campaigns + directed at foreign elections and referenda. +Sec. 6506. Information sharing with State election officials. +Sec. 6507. Notification of significant foreign cyber intrusions and + active measures campaigns directed at elections for Federal + offices. +Sec. 6508. Designation of counterintelligence officer to lead election + security matters. + + TITLE LXVI--SECURITY CLEARANCES + +Sec. 6601. Definitions. +Sec. 6602. Reports and plans relating to security clearances and + background investigations. +Sec. 6603. Improving the process for security clearances. +Sec. 6604. Goals for promptness of determinations regarding security + clearances. +Sec. 6605. Security Executive Agent. +Sec. 6606. Report on unified, simplified, Governmentwide standards for + positions of trust and security clearances. +Sec. 6607. Report on clearance in person concept. +Sec. 6608. Reports on reciprocity for security clearances inside of + departments and agencies. +Sec. 6609. Intelligence community reports on security clearances. +Sec. 6610. Periodic report on positions in the intelligence community + that can be conducted without access to classified + information, networks, or facilities. +Sec. 6611. Information-sharing program for positions of trust and + security clearances. +Sec. 6612. Report on protections for confidentiality of whistleblower- + related communications. +Sec. 6613. Reports on costs of security clearance background + investigations. + + TITLE LXVII--REPORTS AND OTHER MATTERS + + Subtitle A--Matters Relating to Russia and Other Foreign Powers + +Sec. 6701. Limitation relating to establishment or support of + cybersecurity unit with the Russian Federation. +Sec. 6702. Assessment of threat finance relating to Russia. +Sec. 6703. Notification of an active measures campaign. +Sec. 6704. Notification of travel by accredited diplomatic and consular + personnel of the Russian Federation in the United States. +Sec. 6705. Report and annual briefing on Iranian expenditures supporting + foreign military and terrorist activities. +Sec. 6706. Expansion of scope of committee to counter active measures. + + Subtitle B--Reports + +Sec. 6711. Technical correction to Inspector General study. +Sec. 6712. Reports on authorities of the Chief Intelligence Officer of + the Department of Homeland Security. +Sec. 6713. Review of intelligence community whistleblower matters. +Sec. 6714. Report on role of Director of National Intelligence with + respect to certain foreign investments. +Sec. 6715. Report on surveillance by foreign governments against United + States telecommunications networks. +Sec. 6716. Biennial report on foreign investment risks. +Sec. 6717. Modification of certain reporting requirement on travel of + foreign diplomats. +Sec. 6718. Semiannual reports on investigations of unauthorized + disclosures of classified information. +Sec. 6719. Congressional notification of designation of covered + intelligence officer as persona non grata. +Sec. 6720. Reports on intelligence community participation in + vulnerabilities equities process of Federal Government. +Sec. 6721. Inspectors General reports on classification. +Sec. 6722. Reports and briefings on national security effects of global + water insecurity and emerging infectious disease and + pandemics. +Sec. 6723. Annual report on memoranda of understanding between elements + of intelligence community and other entities of the United + States Government regarding significant operational activities + or policy. +Sec. 6724. Study on the feasibility of encrypting unclassified wireline + and wireless telephone calls. +Sec. 6725. Reports on intelligence community loan repayment and related + programs. +Sec. 6726. Repeal of certain reporting requirements. +Sec. 6727. Inspector General of the Intelligence Community report on + senior executives of the Office of the Director of National + Intelligence. +Sec. 6728. Briefing on Federal Bureau of Investigation offering + permanent residence to sources and cooperators. +Sec. 6729. Intelligence assessment of North Korea revenue sources. +Sec. 6730. Report on possible exploitation of virtual currencies by + terrorist actors. + + Subtitle C--Other Matters + +Sec. 6741. Public Interest Declassification Board. +Sec. 6742. Technical and clerical amendments to the National Security + Act of 1947. +Sec. 6743. Bug bounty programs. +Sec. 6744. Technical amendments related to the Department of Energy. +Sec. 6745. Sense of Congress on notification of certain disclosures of + classified information. +Sec. 6746. Sense of Congress on consideration of espionage activities + when considering whether or not to provide visas to foreign + individuals to be accredited to a United Nations mission in + the United States. +Sec. 6747. Sense of Congress on WikiLeaks. + + DIVISION F--OTHER MATTERS + + TITLE LXXI--SANCTIONS WITH RESPECT TO NORTH KOREA + +Sec. 7101. Short title. + + Subtitle A--Sanctions With Respect to North Korea + +Sec. 7111. Sense of Congress. +Sec. 7112. Definitions. + + Part I--Expansion of Sanctions and Related Matters + +Sec. 7121. Sanctions with respect to foreign financial institutions that + provide financial services to certain sanctioned persons. +Sec. 7122. Mandatory designations under North Korea Sanctions and Policy + Enhancement Act of 2016. +Sec. 7123. Extension of applicability period of proliferation prevention + sanctions. +Sec. 7124. Opposition to assistance by the international financial + institutions. +Sec. 7125. Support for capacity of the International Monetary Fund to + prevent money laundering and financing of terrorism. +Sec. 7126. Report and briefings on compliance, penalties, and technical + assistance. +Sec. 7127. Sense of Congress on identification and blocking of property + of North Korean officials. +Sec. 7128. Modification of report on implementation of United Nations + Security Council resolutions by other governments. +Sec. 7129. Report on use by the Government of North Korea of beneficial + ownership rules to access the international financial system. + + Part II--Congressional Review and Oversight + +Sec. 7131. Notification of termination or suspension of sanctions. +Sec. 7132. Reports on certain licensing actions. +Sec. 7133. Report and briefings on financial networks and financial + methods of the Government of North Korea. +Sec. 7134. Report on countries of concern with respect to transshipment, + reexportation, or diversion of certain items to North Korea. + + Part III--General Matters + +Sec. 7141. Rulemaking. +Sec. 7142. Authority to consolidate reports. +Sec. 7143. Waivers, exemptions, and termination. +Sec. 7144. Procedures for review of classified and certain other + information. +Sec. 7145. Briefing on resourcing of sanctions programs. +Sec. 7146. Briefing on proliferation financing. +Sec. 7147. Exception relating to importation of goods. + + Subtitle B--Financial Industry Guidance to Halt Trafficking + +Sec. 7151. Short title. +Sec. 7152. Sense of Congress. +Sec. 7153. Coordination of human trafficking issues by the Office of + Terrorism and Financial Intelligence. +Sec. 7154. Strengthening the role of anti-money laundering and other + financial tools in combating human trafficking. +Sec. 7155. Sense of Congress on resources to combat human trafficking. + + TITLE LXXII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT + SYNTHETIC OPIOIDS + +Sec. 7201. Short title. +Sec. 7202. Sense of Congress. +Sec. 7203. Definitions. -Sec. 6801. Short title. -Sec. 6802. Findings. -Sec. 6803. Sense of Congress. -Sec. 6804. Definitions. Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers -Sec. 6811. Identification of foreign opioid traffickers. -Sec. 6812. Sense of Congress on international opioid control regime. -Sec. 6813. Imposition of sanctions. -Sec. 6814. Description of sanctions. -Sec. 6815. Waivers. -Sec. 6816. Procedures for judicial review of classified information. -Sec. 6817. Briefings on implementation. -Sec. 6818. Inclusion of additional material in International Narcotics - Control Strategy Report. +Sec. 7211. Identification of foreign opioid traffickers. +Sec. 7212. Imposition of sanctions. +Sec. 7213. Description of sanctions. +Sec. 7214. Waivers. +Sec. 7215. Procedures for judicial review of classified information. +Sec. 7216. Briefings on implementation. +Sec. 7217. Inclusion of additional material in International Narcotics + Control Strategy Report. + Subtitle B--Commission on Combating Synthetic Opioid Trafficking -Sec. 6821. Commission on combating synthetic opioid trafficking. - Subtitle C--Other Matters +Sec. 7221. Commission on combating synthetic opioid trafficking. -Sec. 6831. Director of National Intelligence program on use of - intelligence resources in efforts to - sanction foreign opioid traffickers. -Sec. 6832. Department of Defense funding. -Sec. 6833. Department of State funding. -Sec. 6834. Department of the Treasury funding. -Sec. 6835. Termination. -Sec. 6836. Exception relating to importation of goods. -Sec. 6837. Appropriate committees of Congress defined. - TITLE LXIX--OTTO WARMBIER BANKING RESTRICTIONS INVOLVING NORTH KOREA - ACT OF 2019 - -Sec. 6901. Short title. - Subtitle A--Sanctions With Respect to North Korea + Subtitle C--Other Matters -Sec. 6911. Findings. -Sec. 6912. Sense of Congress. -Sec. 6913. Definitions. - PART I--Expansion of Sanctions and Related Matters - -Sec. 6921. Sanctions with respect to foreign financial institutions - that provide financial services to certain - sanctioned persons. -Sec. 6922. Extension of applicability period of proliferation - prevention sanctions. -Sec. 6923. Sense of Congress on identification and blocking of property - of North Korean officials. -Sec. 6924. Modification of report on implementation of United Nations - Security Council resolutions by other - governments. -Sec. 6925. Report on use by the Government of North Korea of beneficial - ownership rules to access the international - financial system. - PART II--Congressional Review and Oversight - -Sec. 6931. Notification of termination or suspension of sanctions. -Sec. 6932. Reports on certain licensing actions. -Sec. 6933. Briefings on implementation and enforcement of sanctions. -Sec. 6934. Report on financial networks and financial methods of the - Government of North Korea. -Sec. 6935. Report on countries of concern with respect to - transshipment, reexportation, or diversion - of certain items to North Korea. - PART III--General Matters - -Sec. 6941. Rulemaking. -Sec. 6942. Authority to consolidate reports. -Sec. 6943. Waivers, exemptions, and termination. -Sec. 6944. Procedures for review of classified information. -Sec. 6945. Briefing on resourcing of sanctions programs. -Sec. 6946. Briefing on proliferation financing. - Subtitle B--Divestment From North Korea - -Sec. 6951. Authority of State and local governments to divest from - companies that invest in North Korea. -Sec. 6952. Safe harbor for changes of investment policies by asset - managers. -Sec. 6953. Sense of Congress regarding certain ERISA plan investments. -Sec. 6954. Rule of construction. - Subtitle C--Financial Industry Guidance to Halt Trafficking - -Sec. 6961. Short title. -Sec. 6962. Findings. -Sec. 6963. Sense of Congress. -Sec. 6964. Coordination of human trafficking issues by the Office of - Terrorism and Financial Intelligence. -Sec. 6965. Strengthening the role of anti-money laundering and other - financial tools in combating human - trafficking. -Sec. 6966. Sense of Congress on resources to combat human trafficking. - TITLE LXXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS - -Sec. 7801. Prioritization of projects in annual report on unfunded - requirements for laboratory military - construction projects. -Sec. 7802. Prohibition on use of funds to reduce air base resiliency or - demolish protected aircraft shelters in the - European theater without creating a similar - protection from attack. -Sec. 7803. Prohibition on use of funds to close or return to the host - national any existing air base. -Sec. 7804. Report on unfunded requirements for major and minor military - construction projects for child development - centers of the Department of Defense and - increase of maximum amounts for such minor - projects. -Sec. 7805. Modification of authorized uses of certain property conveyed - by the United States in Los Angeles, - California. - TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS - -Sec. 8101. Implementation of common financial reporting system for - nuclear security enterprise. -Sec. 8102. Modification to certain requirements relating to plutonium - pit production capacity. - TITLE LXXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD - -Sec. 8202. Membership of Defense Nuclear Facilities Safety Board. - TITLE LXXXV--MARITIME ADMINISTRATION - -Sec. 8500. Ineffectiveness of title XXXV. -Sec. 8501. Short title. - Subtitle A--Maritime Administration +Sec. 7231. Director of National Intelligence program on use of + intelligence resources in efforts to sanction foreign opioid + traffickers. +Sec. 7232. Authorization of appropriations. +Sec. 7233. Regulatory authority. +Sec. 7234. Termination. +Sec. 7235. Exception relating to importation of goods. -Sec. 8511. Authorization of the Maritime Administration. -Sec. 8512. Maritime Security Program. -Sec. 8513. Department of Transportation Inspector General Report. -Sec. 8514. Appointment of candidates attending sponsored preparatory - school. -Sec. 8515. Independent study on the United States Merchant Marine - Academy. -Sec. 8516. General support program. -Sec. 8517. Military to mariner. -Sec. 8518. Salvage recoveries of federally owned cargoes. -Sec. 8519. Salvage recoveries for subrogated ownership of vessels and - cargoes. -Sec. 8520. Port operations, research, and technology. -Sec. 8521. Assessment and report on strategic seaports. -Sec. 8522. Maritime technical assistance program. -Sec. 8523. Requirement for small shipyard grantees. -Sec. 8524. Improvement of National Oceanographic Partnership Program. -Sec. 8525. Improvements to the maritime guaranteed loan program. -Sec. 8526. Technical corrections. -Sec. 8527. United States Merchant Marine Academy's Sexual Assault - Prevention and Response program. -Sec. 8528. Report on vessels for emerging offshore energy - infrastructure. - Subtitle B--Maritime SAFE Act - -Sec. 8531. Short titles. -Sec. 8532. Definitions. -Sec. 8533. Purposes. -Sec. 8534. Statement of policy. - PART I--Programs to Combat IUU Fishing and Increase Maritime Security - -Sec. 8541. Coordination with international organizations. -Sec. 8542. Engagement of diplomatic missions of the United States. -Sec. 8543. Assistance by Federal agencies to improve law enforcement - within priority regions and priority flag - states. -Sec. 8544. Expansion of existing mechanisms to combat IUU fishing. -Sec. 8545. Improvement of transparency and traceability programs. -Sec. 8546. Technology programs. -Sec. 8547. Savings clause. - PART II--Establishment of Interagency Working Group on IUU Fishing - -Sec. 8551. Interagency Working Group on IUU Fishing. -Sec. 8552. Strategic plan. -Sec. 8553. Reports. -Sec. 8554. Gulf of Mexico IUU Fishing Subworking Group. - PART III--Combating Human Trafficking in Connection With the Catching - and Processing of Seafood Products + TITLE LXXIII--PFAS -Sec. 8561. Finding. -Sec. 8562. Adding the Secretary of Commerce to the Interagency Task - Force to Monitor and Combat Trafficking. -Sec. 8563. Human trafficking in the seafood supply chain report. - PART IV--Authorization of Appropriations +Sec. 7301. Short title. +Sec. 7302. Definition of Administrator. -Sec. 8571. Authorization of appropriations. -Sec. 8572. Accounting of funds. - DIVISION F--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020 + Subtitle A--Drinking Water -Sec. 9001. Short title. -Sec. 9002. Definitions. - TITLE XCI--INTELLIGENCE ACTIVITIES +Sec. 7311. Monitoring and detection. +Sec. 7312. Drinking water state revolving funds. -Sec. 9101. Authorization of appropriations. -Sec. 9102. Classified schedule of authorizations. -Sec. 9103. Intelligence community management account. - TITLE XCII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY - SYSTEM + Subtitle B--PFAS Release Disclosure -Sec. 9201. Authorization of appropriations. - TITLE XCIII--INTELLIGENCE COMMUNITY MATTERS +Sec. 7321. Additions to toxics release inventory. - Subtitle A--General Intelligence Community Matters + Subtitle C--USGS Performance Standard -Sec. 9301. Restriction on conduct of intelligence activities. -Sec. 9302. Increase in employee compensation and benefits authorized by - law. -Sec. 9303. Improving the onboarding methodology for certain - intelligence personnel. -Sec. 9304. Intelligence community public-private talent exchange. -Sec. 9305. Expansion of scope of protections for identities of covert - agents. -Sec. 9306. Inclusion of security risks in program management plans - required for acquisition of major systems - in National Intelligence Program. -Sec. 9307. Paid parental leave. - Subtitle B--Office of the Director of National Intelligence +Sec. 7331. Definitions. +Sec. 7332. Performance standard for the detection of highly fluorinated + compounds. +Sec. 7333. Nationwide sampling. +Sec. 7334. Data usage. +Sec. 7335. Collaboration. -Sec. 9311. Exclusivity, consistency, and transparency in security - clearance procedures. -Sec. 9312. Limitation on transfer of National Intelligence University. -Sec. 9313. Improving visibility into the security clearance process. -Sec. 9314. Making certain policies and execution plans relating to - personnel clearances available to industry - partners. - Subtitle C--Inspector General of the Intelligence Community + Subtitle D--Emerging Contaminants -Sec. 9321. Definitions. -Sec. 9322. Inspector General external review panel. -Sec. 9323. Harmonization of whistleblower processes and procedures. -Sec. 9324. Intelligence community oversight of agency whistleblower - actions. -Sec. 9325. Report on cleared whistleblower attorneys. - TITLE XCIV--REPORTS AND OTHER MATTERS - -Sec. 9401. Study on foreign employment of former personnel of - intelligence community. -Sec. 9402. Comprehensive economic assessment of investment in key - United States technologies by companies or - organizations linked to China. -Sec. 9403. Analysis of and periodic briefings on major initiatives of - intelligence community in artificial - intelligence and machine learning. -Sec. 9404. Encouraging cooperative actions to detect and counter - foreign influence operations. -Sec. 9405. Oversight of foreign influence in academia. -Sec. 9406. Director of National Intelligence report on fifth-generation - wireless network technology. -Sec. 9407. Annual report by Comptroller General of the United States on - cybersecurity and surveillance threats to - Congress. -Sec. 9408. Director of National Intelligence assessment of foreign - interference in elections. -Sec. 9409. Study on feasibility and advisability of establishing - Geospatial-Intelligence Museum and learning - center. -Sec. 9410. Report on death of Jamal Khashoggi. - DIVISION G--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019 - -Sec. 10001. Short title. -Sec. 10002. Definitions. - TITLE CI--INTELLIGENCE ACTIVITIES - -Sec. 10101. Authorization of appropriations. -Sec. 10102. Classified Schedule of Authorizations. -Sec. 10103. Intelligence Community Management Account. -TITLE CII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM - -Sec. 10201. Authorization of appropriations. -Sec. 10202. Computation of annuities for employees of the Central - Intelligence Agency. - TITLE CIII--GENERAL INTELLIGENCE COMMUNITY MATTERS - -Sec. 10301. Restriction on conduct of intelligence activities. -Sec. 10302. Increase in employee compensation and benefits authorized - by law. -Sec. 10303. Modification of special pay authority for science, - technology, engineering, or mathematics - positions and addition of special pay - authority for cyber positions. -Sec. 10304. Modification of appointment of Chief Information Officer of - the Intelligence Community. -Sec. 10305. Director of National Intelligence review of placement of - positions within the intelligence community - on the Executive Schedule. -Sec. 10306. Supply Chain and Counterintelligence Risk Management Task - Force. -Sec. 10307. Consideration of adversarial telecommunications and - cybersecurity infrastructure when sharing - intelligence with foreign governments and - entities. -Sec. 10308. Cyber protection support for the personnel of the - intelligence community in positions highly - vulnerable to cyber attack. -Sec. 10309. Modification of authority relating to management of supply- - chain risk. -Sec. 10310. Limitations on determinations regarding certain security - classifications. -Sec. 10311. Joint Intelligence Community Council. -Sec. 10312. Intelligence community information technology environment. -Sec. 10313. Report on development of secure mobile voice solution for - intelligence community. -Sec. 10314. Policy on minimum insider threat standards. -Sec. 10315. Submission of intelligence community policies. -Sec. 10316. Expansion of intelligence community recruitment efforts. - TITLE CIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY +Sec. 7341. Definitions. +Sec. 7342. Research and coordination plan for enhanced response on + emerging contaminants. - Subtitle A--Office of the Director of National Intelligence + Subtitle E--Toxic Substances Control Act -Sec. 10401. Authority for protection of current and former employees of - the Office of the Director of National - Intelligence. -Sec. 10402. Designation of the program manager-information sharing - environment. -Sec. 10403. Technical modification to the executive schedule. -Sec. 10404. Chief Financial Officer of the Intelligence Community. -Sec. 10405. Chief Information Officer of the Intelligence Community. - Subtitle B--Central Intelligence Agency +Sec. 7351. PFAS data call. +Sec. 7352. Significant new use rule for long-chain PFAS. -Sec. 10411. Central Intelligence Agency subsistence for personnel - assigned to austere locations. -Sec. 10412. Expansion of security protective service jurisdiction of - the Central Intelligence Agency. -Sec. 10413. Repeal of foreign language proficiency requirement for - certain senior level positions in the - Central Intelligence Agency. - Subtitle C--Office of Intelligence and Counterintelligence of - Department of Energy + Subtitle F--Other Matters -Sec. 10421. Consolidation of Department of Energy Offices of - Intelligence and Counterintelligence. -Sec. 10422. Repeal of Department of Energy Intelligence Executive - Committee and budget reporting requirement. - Subtitle D--Other Elements +Sec. 7361. PFAS destruction and disposal guidance. +Sec. 7362. PFAS research and development. -Sec. 10431. Plan for designation of counterintelligence component of - Defense Security Service as an element of - intelligence community. -Sec. 10432. Notice not required for private entities. -Sec. 10433. Framework for roles, missions, and functions of Defense - Intelligence Agency. -Sec. 10434. Establishment of advisory board for National Reconnaissance - Office. -Sec. 10435. Collocation of certain Department of Homeland Security - personnel at field locations. - TITLE CV--ELECTION MATTERS - -Sec. 10501. Report on cyber attacks by foreign governments against - United States election infrastructure. -Sec. 10502. Review of intelligence community's posture to collect - against and analyze Russian efforts to - influence the Presidential election. -Sec. 10503. Assessment of foreign intelligence threats to Federal - elections. -Sec. 10504. Strategy for countering Russian cyber threats to United - States elections. -Sec. 10505. Assessment of significant Russian influence campaigns - directed at foreign elections and - referenda. -Sec. 10506. Foreign counterintelligence and cybersecurity threats to - Federal election campaigns. -Sec. 10507. Information sharing with State election officials. -Sec. 10508. Notification of significant foreign cyber intrusions and - active measures campaigns directed at - elections for Federal offices. -Sec. 10509. Designation of counterintelligence officer to lead election - security matters. - TITLE CVI--SECURITY CLEARANCES - -Sec. 10601. Definitions. -Sec. 10602. Reports and plans relating to security clearances and - background investigations. -Sec. 10603. Improving the process for security clearances. -Sec. 10604. Goals for promptness of determinations regarding security - clearances. -Sec. 10605. Security Executive Agent. -Sec. 10606. Report on unified, simplified, Governmentwide standards for - positions of trust and security clearances. -Sec. 10607. Report on clearance in person concept. -Sec. 10608. Budget request documentation on funding for background - investigations. -Sec. 10609. Reports on reciprocity for security clearances inside of - departments and agencies. -Sec. 10610. Intelligence community reports on security clearances. -Sec. 10611. Periodic report on positions in the intelligence community - that can be conducted without access to - classified information, networks, or - facilities. -Sec. 10612. Information sharing program for positions of trust and - security clearances. -Sec. 10613. Report on protections for confidentiality of whistleblower- - related communications. - TITLE CVII--REPORTS AND OTHER MATTERS + TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019 - Subtitle A--Matters Relating to Russia and Other Foreign Powers +Sec. 7401. Short title. +Sec. 7402. Statement of policy. -Sec. 10701. Limitation relating to establishment or support of - cybersecurity unit with the Russian - Federation. -Sec. 10702. Report on returning Russian compounds. -Sec. 10703. Assessment of threat finance relating to Russia. -Sec. 10704. Notification of an active measures campaign. -Sec. 10705. Notification of travel by accredited diplomatic and - consular personnel of the Russian - Federation in the United States. -Sec. 10706. Report on outreach strategy addressing threats from United - States adversaries to the United States - technology sector. -Sec. 10707. Report on Iranian support of proxy forces in Syria and - Lebanon. -Sec. 10708. Annual report on Iranian expenditures supporting foreign - military and terrorist activities. -Sec. 10709. Expansion of scope of committee to counter active measures - and report on establishment of Foreign - Malign Influence Center. - Subtitle B--Reports +Subtitle A--Additional Actions in Connection With the National Emergency + With Respect to Syria -Sec. 10711. Technical correction to Inspector General study. -Sec. 10712. Reports on authorities of the Chief Intelligence Officer of - the Department of Homeland Security. -Sec. 10713. Report on cyber exchange program. -Sec. 10714. Review of intelligence community whistleblower matters. -Sec. 10715. Report on role of Director of National Intelligence with - respect to certain foreign investments. -Sec. 10716. Report on surveillance by foreign governments against - United States telecommunications networks. -Sec. 10717. Biennial report on foreign investment risks. -Sec. 10718. Modification of certain reporting requirement on travel of - foreign diplomats. -Sec. 10719. Semiannual reports on investigations of unauthorized - disclosures of classified information. -Sec. 10720. Congressional notification of designation of covered - intelligence officer as persona non grata. -Sec. 10721. Reports on intelligence community participation in - vulnerabilities equities process of Federal - Government. -Sec. 10722. Inspectors General reports on classification. -Sec. 10723. Reports on global water insecurity and national security - implications and briefing on emerging - infectious disease and pandemics. -Sec. 10724. Annual report on memoranda of understanding between - elements of intelligence community and - other entities of the United States - Government regarding significant - operational activities or policy. -Sec. 10725. Study on the feasibility of encrypting unclassified - wireline and wireless telephone calls. -Sec. 10726. Modification of requirement for annual report on hiring and - retention of minority employees. -Sec. 10727. Reports on intelligence community loan repayment and - related programs. -Sec. 10728. Repeal of certain reporting requirements. -Sec. 10729. Inspector General of the Intelligence Community report on - senior executives of the Office of the - Director of National Intelligence. -Sec. 10730. Briefing on Federal Bureau of Investigation offering - permanent residence to sources and - cooperators. -Sec. 10731. Intelligence assessment of North Korea revenue sources. -Sec. 10732. Report on possible exploitation of virtual currencies by - terrorist actors. - Subtitle C--Other Matters +Sec. 7411. Measures with respect to Central Bank of Syria. +Sec. 7412. Sanctions with respect to foreign persons that engage in + certain transactions. +Sec. 7413. Strategy relating to areas of Syria in which civilians are + subject to forced displacement. -Sec. 10741. Public Interest Declassification Board. -Sec. 10742. Securing energy infrastructure. -Sec. 10743. Bug bounty programs. -Sec. 10744. Modification of authorities relating to the National - Intelligence University. -Sec. 10745. Technical and clerical amendments to the National Security - Act of 1947. -Sec. 10746. Technical amendments related to the Department of Energy. -Sec. 10747. Sense of Congress on notification of certain disclosures of - classified information. -Sec. 10748. Sense of Congress on consideration of espionage activities - when considering whether or not to provide - visas to foreign individuals to be - accredited to a United Nations mission in - the United States. -Sec. 10749. Sense of Congress on WikiLeaks. + Subtitle B--Assistance for the People of Syria -SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. +Sec. 7421. Sense of Congress. +Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance + programs in Syria and to the Syrian people. +Sec. 7423. Assessment of potential methods to enhance the protection of + civilians. +Sec. 7424. Assistance to support entities taking actions relating to + gathering evidence for investigations into war crimes or + crimes against humanity in Syria since March 2011. +Sec. 7425. Codification of certain services in support of + nongovernmental organizations' activities authorized. +Sec. 7426. Briefing on strategy to facilitate humanitarian assistance. + + Subtitle C--General Provisions + +Sec. 7431. Suspension of sanctions. +Sec. 7432. Waivers and exemptions. +Sec. 7433. Implementation and regulatory authorities. +Sec. 7434. Exception relating to importation of goods. +Sec. 7435. Cost limitation. +Sec. 7436. Rule of construction. +Sec. 7437. Prohibition on construction of provisions of this title as an + authorization for use of military force. +Sec. 7438. Sunset. + + TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY + +Sec. 7501. Short title. +Sec. 7502. Sense of Congress. +Sec. 7503. Imposition of sanctions with respect to provision of certain + vessels for the construction of certain Russian energy export + pipelines. + + TITLE LXXVI--OTHER MATTERS + Subtitle A--Federal Employee Paid Leave Act + +Sec. 7601. Short title. +Sec. 7602. Paid parental leave under title 5. +Sec. 7603. Paid parental leave for congressional employees. +Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO + and Library of Congress employees. +Sec. 7605. Clarification for members of the National Guard and Reserves. +Sec. 7606. Conforming amendment for certain TSA employees. + + Subtitle B--Other Matters + +Sec. 7611. Liberian refugee immigration fairness. +Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma. +Sec. 7613. Limitation on certain rolling stock procurements; + cybersecurity certification for rail rolling stock and + operations. +SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. In this Act, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. - SEC. 4. BUDGETARY EFFECTS OF THIS ACT. - The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO @@ -2249,13 +2876,88 @@ the vote on passage in the House acting first on the conference report or amendment between the Houses. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS - TITLE I--PROCUREMENT - Subtitle A--Authorization of Appropriations + Subtitle A--Authorization Of Appropriations -SEC. 101. AUTHORIZATION OF APPROPRIATIONS. +Sec. 101. Authorization of appropriations. + + Subtitle B--Army Programs + +Sec. 111. Authority of the Secretary of the Army to waive certain + limitations related to the Distributed Common Ground System- + Army Increment 1. + + Subtitle C--Navy Programs + +Sec. 121. Ford-class aircraft carrier cost limitation baselines. +Sec. 122. Modification of annual report on cost targets for certain + aircraft carriers. +Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis + and U.S.S. Harry S. Truman. +Sec. 124. Ford class aircraft carrier support for F-35C aircraft. +Sec. 125. Prohibition on use of funds for reduction of aircraft carrier + force structure. +Sec. 126. Modification of prohibition on availability of funds for Navy + waterborne security barriers. +Sec. 127. LHA Replacement Amphibious Assault Ship Program. +Sec. 128. Strategic sealift fleet vessel. +Sec. 129. Design and construction of amphibious transport dock + designated LPD-31. +Sec. 130. Limitation on availability of funds for the Littoral Combat + Ship. +Sec. 131. Limitation on the next new class of Navy large surface + combatants. +Sec. 132. Limitation on availability of funds pending quarterly updates + on the CH-53K King Stallion helicopter program. +Sec. 133. Limitation on availability of funds for VH-92A helicopter. +Sec. 134. Report on carrier wing and aviation combat element + composition. + + Subtitle D--Air Force Programs +Sec. 141. Modification of requirement to preserve certain C-5 aircraft. +Sec. 142. OC-135B aircraft recapitalization program. +Sec. 143. Requirement to align Air Force aviation force structure with + National Defense Strategy. +Sec. 144. Prohibition on availability of funds for reduction in KC-10 + primary mission aircraft inventory. +Sec. 145. Limitation on availability of funds for F-15EX aircraft. +Sec. 146. Limitation on availability of funds for VC-25B aircraft. +Sec. 147. Limitation on availability of funds for RC-26B aircraft. +Sec. 148. Limitation on availability of funds for retirement of RC-135 + aircraft. +Sec. 149. Air Force aggressor squadron modernization. +Sec. 150. Air Force plan for Combat Rescue Helicopter fielding. +Sec. 151. Report on feasibility of multiyear contract for procurement of + JASSM-ER missiles. +Sec. 152. Report on aircraft fleet of the Civil Air Patrol. +Sec. 153. Sense of Congress on the light attack aircraft initiative of + the Air Force. + + Subtitle E--Defense-wide, Joint, and Multiservice Matters + +Sec. 161. Economic order quantity contracting and buy-to-budget + acquisition for F-35 aircraft program. +Sec. 162. Relief from contractors for failure to deliver ready-for-issue + spare parts for the F-35 aircraft program. +Sec. 163. Limitation on availability of funds for reallocation of + Turkish F-35A aircraft to the United States. +Sec. 164. Requirement to establish the use of an Agile DevOps software + development solution as an alternative for Joint Strike + Fighter Autonomic Logistics Information System. +Sec. 165. F-35 sustainment cost. +Sec. 166. Reports on the progress and performance of the F-35 aircraft + program. +Sec. 167. Other reports on the F-35 aircraft program. +Sec. 168. Limitation on availability of funds for communications systems + lacking certain resiliency features. +Sec. 169. Repeal of tactical unmanned vehicle common data link + requirement. + + Subtitle A--Authorization Of Appropriations + + SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table @@ -2263,26 +2965,9 @@ in section 4101. Subtitle B--Army Programs -SEC. 111. SENSE OF SENATE ON ARMY'S APPROACH TO CAPABILITY DROPS 1 AND - 2 OF THE DISTRIBUTED COMMON GROUND SYSTEM-ARMY PROGRAM. - - It is the sense of the Senate that-- - (1) the Senate approves of the approach of the Army to - Capability Drops 1 and 2 of the Distributed Common Ground - System-Army program, which has been in compliance with section - 2377 of title 10, United States Code; and - (2) the Senate encourages the Under Secretary of Defense - for Acquisition and Sustainment and other military departments - and commands in the Department of Defense to review the efforts - of the Army with Capability Drops 1 and 2 to inform future - decisions about how to integrate commercial technology into the - Distributed Common Ground System Enterprise and other national - security systems. - -SEC. 112. AUTHORITY OF THE SECRETARY OF THE ARMY TO WAIVE CERTAIN - LIMITATIONS RELATED TO THE DISTRIBUTED COMMON GROUND - SYSTEM-ARMY INCREMENT 1. - + SEC. 111. AUTHORITY OF THE SECRETARY OF THE ARMY TO WAIVE CERTAIN + LIMITATIONS RELATED TO THE DISTRIBUTED COMMON GROUND SYSTEM-ARMY + INCREMENT 1. Section 113(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2028) is amended by striking ``Secretary of Defense'' both places it appears and inserting @@ -2290,170 +2975,120 @@ Year 2017 (Public Law 114-328; 130 Stat. 2028) is amended by striking Subtitle C--Navy Programs -SEC. 121. MODIFICATION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY - WATERBORNE SECURITY BARRIERS. - - Section 130 of the John S. McCain National Defense Authorization -Act for Fiscal Year 2019 (Public Law 115-232) is amended-- - (1) in subsection (a) by striking ``for fiscal year 2019 - may be obligated or expended to procure legacy waterborne - security barriers for Navy ports'' and inserting ``for fiscal - year 2019 or fiscal year 2020 may be obligated or expended to - procure legacy waterborne security barriers for Navy ports, - including as replacements for legacy barriers''; and - (2) by adding at the end the following new subsection: - ``(d) Notification.--Not later than 15 days after an exception is -made pursuant to subsection (c)(2), the Secretary of the Navy shall -submit a written notification to the congressional defense committees -that includes-- - ``(1) the name and position of the government official who - determined exigent circumstances exist; - ``(2) a description of the exigent circumstances; and - ``(3) a description of how waterborne security will be - maintained until new waterborne security barriers are procured - and installed.''. - -SEC. 122. CAPABILITIES BASED ASSESSMENT FOR NAVAL VESSELS THAT CARRY - FIXED-WING AIRCRAFT. - - (a) In General.--Not later than 30 days after the date of the -enactment of this Act, the Secretary of the Navy shall initiate a -capabilities based assessment to begin the process of identifying -requirements for the naval vessels that will carry fixed-wing aircraft -following the ships designated CVN-81 and LHA-9. - (b) Elements.--The assessment shall-- - (1) conform with the Joint Capabilities Integration and - Development System, including Chairman of the Joint Chiefs of - Staff Instruction 5123.01H; and - (2) consider options for the vessels described under - subsection (a) that would enable greater commonality and - interoperability of naval aircraft embarked on such naval - vessels, including aircraft arresting gear and launch - catapults. - (c) Notification Requirement.--Not later than 15 days after -initiating the assessment required under subsection (a), the Secretary -of the Navy shall notify the congressional defense committees of such -action and the associated schedule for completing the assessment and -generating an Initial Capabilities Document. - -SEC. 123. FORD-CLASS AIRCRAFT CARRIER COST LIMITATION BASELINES. - - (a) In General.--Chapter 633 of title 10, United States Code, is + SEC. 121. FORD-CLASS AIRCRAFT CARRIER COST LIMITATION BASELINES. + (a) In General.--Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: -``Sec. 8692. Ford-class aircraft carrier cost limitation baselines +``Sec. 8692. Ford-class aircraft carriers: cost limitation baselines ``(a) Limitation.--The total amounts obligated or expended from funds authorized to be appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, may not exceed the following amounts for the following aircraft carriers: - ``(1) $13,027,000,000 for the construction of the aircraft - carrier designated CVN-78. - ``(2) $11,398,000,000 for the construction of the aircraft - carrier designated CVN-79. - ``(3) $12,202,000,000 for the construction of the aircraft - carrier designated CVN-80. - ``(4) $12,451,000,000 for the construction of the aircraft - carrier designated CVN-81. - ``(b) Adjustment of Limitation Amount.--The Secretary of the Navy -may adjust an amount set forth in subsection (a) by the following: - ``(1) The amounts of increases or decreases in costs - attributable to economic inflation after September 30, 2019. - ``(2) The amounts of increases or decreases in costs - attributable to compliance with changes in Federal, State, or - local laws enacted after September 30, 2019. - ``(3) The amounts of outfitting costs and post-delivery - costs incurred for that ship. - ``(4) The amounts of increases or decreases in costs of - that ship that are attributable to insertion of new technology - into that ship, as compared to the technology baseline as it - was defined prior to October 1, 2019. - ``(5) The amounts of increases or decreases to cost - required to correct deficiencies that may affect the safety of - the ship and personnel or otherwise preclude the ship from safe - operations and crew certification. - ``(6) With respect to the aircraft carrier designated as - CVN-78, the amounts of increases or decreases in costs of that - ship that are attributable solely to an urgent and unforeseen - requirement identified as a result of the shipboard test - program. - ``(7) With respect to the aircraft carrier designated as - CVN-79, the amounts of increases not exceeding $100,000,000 if - the Chief of Naval Operations determines that achieving the - amount set forth in subsection (a)(2) would result in - unacceptable reductions to the operational capability of the - ship. - ``(c) Limitation on Technology Insertion Cost Adjustment.--The -Secretary of the Navy may use the authority under paragraph (4) of -subsection (b) to adjust the amount set forth in subsection (a) for a -ship referred to in that subsection with respect to insertion of new -technology into that ship only if-- - ``(1) the Secretary determines, and certifies to the - congressional defense committees, that insertion of the new - technology would lower the life-cycle cost of the ship; or - ``(2) the Secretary determines, and certifies to the - congressional defense committees, that insertion of the new - technology is required to meet an emerging threat and the - Secretary of Defense certifies to those committees that such - threat poses grave harm to national security. - ``(d) Limitation on Shipboard Test Program Cost Adjustment.--The -Secretary of the Navy may use the authority under paragraph (6) of -subsection (b) to adjust the amount set forth in subsection (a) for the -aircraft carrier designated CVN-78 for reasons relating to an urgent -and unforeseen requirement identified as a result of the shipboard test -program only if-- - ``(1) the Secretary determines, and certifies to the - congressional defense committees, that such requirement was not - known before the date of the submittal to Congress of the - budget for fiscal year 2020 (as submitted pursuant to section - 1105 of title 31, United States Code); - ``(2) the Secretary determines, and certifies to the - congressional defense committees, that waiting on an action by - Congress to raise the cost cap specified in subsection (a)(1) - to account for such requirement will result in a delay in the - date of initial operating capability of that ship; and - ``(3) the Secretary submits to the congressional defense - committees a report setting forth a description of such - requirement before the obligation of additional funds pursuant - to such authority. - ``(e) Exclusion of Battle and Interim Spares From Cost + ``(1) $13,224,000,000 for the construction of the aircraft + carrier designated CVN-78. + ``(2) $11,398,000,000 for the construction of the aircraft + carrier designated CVN-79. + ``(3) $12,202,000,000 for the construction of the aircraft + carrier designated CVN-80. + ``(4) $12,451,000,000 for the construction of the aircraft + carrier designated CVN-81. + ``(b) Exclusion of Battle and Interim Spares From Cost Limitation.--The Secretary of the Navy shall exclude from the -determination of the amounts set forth in subsection (a), the costs of +determination of the amounts set forth in subsection (a) the costs of the following items: - ``(1) CVN-78 class battle spares. - ``(2) Interim spares. - ``(f) Written Notice of Change in Amount.--The Secretary of the -Navy shall submit to the congressional defense committees written -notice of any change in the amount set forth in subsection (a) -determined to be associated with a cost covered in subsection (b) not -less than 30 days prior to making such change.''. + ``(1) CVN-78 class battle spares. + ``(2) Interim spares. + ``(3) Increases attributable to economic inflation after + December 1, 2018, not otherwise included in the amounts listed in + subsection (a). + ``(c) Written Notice and Briefing on Change in Amount.--The +Secretary of the Navy may adjust an amount listed in subsection (a) not +fewer than 15 days after submitting written notice and providing a +briefing to the congressional defense committees, each of which shall +include the amount and rationale of any change and the resulting amount +after such change.''. (b) Clerical Amendment.--The table of sections at the beginning of -such chapter is amended by inserting after the item relating to section -8691 the following new item: +chapter 863 of such title is amended by inserting after the item +relating to section 8691 the following new item: + +``8692. Ford-class aircraft carriers: cost limitation baselines.''. -``Sec. 8692. Ford-class aircraft carrier cost limitation baselines.''. (c) Repeal of Superseded Provision.--Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104) is repealed. - -SEC. 124. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT DOCK - DESIGNATED LPD-31. - - (a) In General.--The Secretary of the Navy may enter into a -contract for the design and construction of the amphibious transport -dock designated LPD-31 using amounts authorized to be appropriated for -the Department of Defense for Shipbuilding and Conversion, Navy. - (b) Use of Incremental Funding.--With respect to the contract -entered into under subsection (a), the Secretary may use incremental -funding to make payments under the contract with amounts authorized to -be appropriated in fiscal years 2019, 2020, and 2021. - (c) Condition for Out-year Contract Payments.--The contract -entered into under subsection (a) shall provide that any obligation of -the United States to make a payment under such contract for any fiscal -year after fiscal year 2020 is subject to the availability of -appropriations for that purpose for such fiscal year. - -SEC. 125. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM. - + SEC. 122. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR CERTAIN + AIRCRAFT CARRIERS. + Section 126(c) of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 130 Stat. 2035) is amended-- + (1) in the subsection heading, by striking ``and CVN-80'' and + inserting ``, CVN-80, and CVN-81''; + (2) in paragraph (1)-- + (A) by striking ``2021'' and inserting ``2032''; and + (B) by striking ``costs described in subsection (b) for the + CVN-79 and CVN-80'' and inserting ``cost targets for the CVN- + 79, the CVN-80, and the CVN-81''; and + (3) in paragraph (2)-- + (A) in the matter preceding subparagraph (A), by striking + `` and the CVN-80'' and inserting ``, the CVN-80, and the CVN- + 81'' + (B) in subparagraph (A), by striking ``costs described in + subsection (b)'' and inserting ``cost targets''; + (C) in subparagraph (F), by striking ``costs specified in + subsection (b)'' and inserting ``cost targets''; and + (D) in subparagraph (G), by striking ``costs specified in + subsection (b)'' and inserting ``cost targets''. + SEC. 123. REFUELING AND COMPLEX OVERHAULS OF THE U.S.S. JOHN C. + STENNIS AND U.S.S. HARRY S. TRUMAN. + (a) Refueling and Complex Overhaul.--The Secretary of the Navy +shall carry out the nuclear refueling and complex overhaul of the +U.S.S. John C. Stennis (CVN-74) and U.S.S. Harry S. Truman (CVN-75). + (b) Use of Incremental Funding.--With respect to any contract +entered into under subsection (a) for the nuclear refueling and complex +overhauls of the U.S.S. John C. Stennis (CVN-74) and U.S.S. Harry S. +Truman (CVN-75), the Secretary may use incremental funding for a period +not to exceed six years after advance procurement funds for such +nuclear refueling and complex overhaul effort are first obligated. + (c) Condition for Out-year Contract Payments.--Any contract entered +into under subsection (a) shall provide that any obligation of the +United States to make a payment under the contract for a fiscal year +after fiscal year 2020 is subject to the availability of appropriations +for that purpose for that later fiscal year. + SEC. 124. FORD CLASS AIRCRAFT CARRIER SUPPORT FOR F-35C AIRCRAFT. + Before completing the post-shakedown availability of the Ford class +aircraft carrier designated CVN-79, the Secretary of the Navy shall +ensure that the aircraft carrier is capable of operating and deploying +with the F-35C aircraft. + SEC. 125. PROHIBITION ON USE OF FUNDS FOR REDUCTION OF AIRCRAFT + CARRIER FORCE STRUCTURE. + None of the funds authorized to be appropriated by this Act or +otherwise made available for fiscal year 2020 for the Department of +Defense may be obligated or expended to reduce the number of +operational aircraft carriers of the Navy below the number specified in +section 8062(b) of title 10, United States Code. + SEC. 126. MODIFICATION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR + NAVY WATERBORNE SECURITY BARRIERS. + Section 130 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended-- + (1) in subsection (a) by striking ``for fiscal year 2019 may be + obligated or expended to procure legacy waterborne security + barriers for Navy ports'' and inserting ``for fiscal year 2019 or + fiscal year 2020 may be obligated or expended to procure legacy + waterborne security barriers for Navy ports, including as + replacements for legacy barriers''; + (2) in subsection (c)(1), by inserting ``of not more than 30 + percent'' after ``replacement''; and + (3) by adding at the end the following new subsection: + ``(d) Notification.--Not later than 15 days after an exception is +made pursuant to subsection (c)(2), the Secretary of the Navy shall +submit a written notification to the congressional defense committees +that includes-- + ``(1) the name and position of the government official who + determined exigent circumstances exist; + ``(2) a description of the exigent circumstances; and + ``(3) a description of how waterborne security will be + maintained until new waterborne security barriers are procured and + installed.''. + SEC. 127. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM. (a) Authority to Use Incremental Funding.--The Secretary of the Navy may enter into and incrementally fund a contract for detail design and construction of the LHA replacement ship designated LHA 9 and, @@ -2469,54 +3104,99 @@ purpose for such subsequent fiscal year. (c) Repeal of Obsolete Authority.--Section 125 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2106) is repealed. - -SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL COMBAT - SHIP. - - (a) Limitation.--None of the amounts authorized to be appropriated -by this Act or otherwise made available for the Department of Defense -for fiscal year 2020 may be used to exceed the total procurement -quantity listed in revision five of the Littoral Combat Ship -acquisition strategy unless the Under Secretary of Defense for -Acquisition and Sustainment submits to the congressional defense -committees the certification described in subsection (b). + SEC. 128. STRATEGIC SEALIFT FLEET VESSEL. + (a) In General.--Subject to the availability of appropriations, the +Secretary of the Navy shall seek to enter into a contract for the +construction of one sealift vessel. + (b) Delivery Date.--The contract entered into under subsection (a) +shall specify a delivery date for the sealift vessel of not later than +September 30, 2026. + (c) Design and Construction Requirements.-- + (1) Use of existing design.--The design of the sealift vessel + shall be based on a domestic or foreign design that exists as of + the date of the enactment of this Act. + (2) Commercial standards and practices.--Subject to paragraph + (1), the sealift vessel may be constructed using commercial design + standards and commercial construction practices that are consistent + with the best interests of the Federal Government. + (3) Domestic shipyard.--The sealift vessel shall be constructed + in a shipyard that is located in the United States. + (d) Certificate and Endorsement.--The sealift vessel shall meet the +requirements necessary to receive a certificate of documentation and a +coastwise endorsement under chapter 121 of tile 46, United States Code, +and the Secretary of the Navy shall ensure that the completed vessel +receives such a certificate and endorsement. + (e) Executive Agent.-- + (1) In general.--The Secretary of the Navy may seek to enter + into a contract or other agreement with a private-sector entity + under which the entity may act as executive agent for the Secretary + for purposes of the contract under subsection (a). + (2) Responsibilities.--The executive agent described in + paragraph (1) may be responsible for-- + (A) selecting a shipyard for the construction of the + sealift vessel; + (B) managing and overseeing the construction of the sealift + vessel; and + (C) such other matters as the Secretary of the Navy + determines to be appropriate + (f) Use of Incremental Funding.--With respect to the contract +entered into under subsection (a), the Secretary of the Navy may use +incremental funding to make payments under the contract. + (g) Sealift Vessel Defined.--In this section, the term ``sealift +vessel'' means the sealift vessel constructed pursuant to the contract +entered into under subsection (a). + SEC. 129. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT DOCK + DESIGNATED LPD-31. + (a) In General.--Using funds authorized to be appropriated for the +Department of Defense for Shipbuilding and Conversion, Navy, the +Secretary of the Navy may enter into a contract, beginning with the +fiscal year 2020 program year, for the design and construction of the +amphibious transport dock designated LPD-31. + (b) Use of Incremental Funding.--With respect to the contract +entered into under subsection (a), the Secretary may use incremental +funding to make payments under the contract. + (c) Condition for Out-year Contract Payments.--The contract entered +into under subsection (a) shall provide that any obligation of the +United States to make a payment under such contract for any fiscal year +after fiscal year 2020 is subject to the availability of appropriations +for that purpose for such later fiscal year. + SEC. 130. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL + COMBAT SHIP. + (a) Limitations.--None of the funds authorized to be appropriated +by this Act for fiscal year 2020 for the Department of Defense may be +used to exceed, and the Department may not otherwise exceed, the total +procurement quantity of thirty-five Littoral Combat Ships, unless the +Under Secretary of Defense for Acquisition and Sustainment submits to +the congressional defense committees the certification described in +subsection (b). (b) Certification.--The certification described in this subsection is a certification by the Under Secretary that awarding a contract for the procurement of a Littoral Combat Ship that exceeds the total procurement quantity listed in revision five of the Littoral Combat Ship acquisition strategy-- - (1) is in the national security interests of the United - States; - (2) will not result in exceeding the low-rate initial - production quantity approved in the Littoral Combat Ship - acquisition strategy in effect as of the date of the - certification; and - (3) is necessary to maintain a full and open competition - for the Guided Missile Frigate (FFG(X)) with a single source - award in fiscal year 2020. - (c) Definition.--The term ``revision five of the Littoral Combat -Ship acquisition strategy'' means the fifth revision of the Littoral -Combat Ship acquisition strategy approved by the Under Secretary of -Defense for Acquisition and Sustainment on March 26, 2018. - -SEC. 127. LIMITATION ON THE NEXT NEW CLASS OF NAVY LARGE SURFACE - COMBATANTS. - + (1) is in the national security interests of the United States; + (2) will not result in exceeding the low-rate initial + production quantity approved in the Littoral Combat Ship + acquisition strategy in effect as of the date of the certification; + and + (3) is necessary to maintain a full and open competition for + the Guided Missile Frigate (FFG(X)) with a single source award in + fiscal year 2020. + SEC. 131. LIMITATION ON THE NEXT NEW CLASS OF NAVY LARGE SURFACE + COMBATANTS. (a) In General.--Milestone B approval may not be granted for the next new class of Navy large surface combatants unless the class of Navy large surface combatants incorporates prior to such approval-- - (1) design changes identified during the full duration of - the combat system ship qualification trials and operational - test periods of the first Arleigh Burke-class destroyer in the - Flight III configuration to complete such events; and - (2) final results of test programs of engineering - development models or prototypes for critical systems specified - by the Senior Technical Authority pursuant to section 8669b of - title 10, United States Code, as added by section 1017 of this - Act, in their final form, fit, and function and in a realistic - environment, which shall include a land-based engineering site - if the propulsion system will utilize integrated electric power - technology, including electric drive propulsion. + (1) design changes identified during the full duration of the + combat system ship qualification trials and operational test + periods of the first Arleigh Burke-class destroyer in the Flight + III configuration to complete such events; and + (2) final results of test programs of engineering development + models or prototypes for critical systems specified by the Senior + Technical Authority pursuant to section 8669b of title 10, United + States Code, as added by section 1034 of this Act, in their final + form, fit, and function and in a realistic environment, which shall + include a land-based engineering site for the propulsion system. (b) Limitation.--The Secretary of the Navy may not release a detail design or construction request for proposals or obligate funds from the Shipbuilding and Conversion, Navy account for the next new class of @@ -2525,310 +3205,855 @@ combatants receives Milestone B approval and the milestone decision authority notifies the congressional defense committees, in writing, of the actions taken to comply with the requirements under subsection (a). (c) Definitions.--In this section: - (1) The term ``Milestone B approval'' has the meaning given - the term in section 2366(e)(7) of title 10, United States Code. - (2) The term ``milestone decision authority'' means the - official within the Department of Defense designated with the - overall responsibility and authority for acquisition decisions - for the program, including authority to approve entry of the - program into the next phase of the acquisition process. - (3) The term ``large surface combatants'' means Navy - surface ships that are designed primarily to engage in attacks - against airborne, surface, subsurface, and shore targets, - excluding frigates and littoral combat ships. - -SEC. 128. REFUELING AND COMPLEX OVERHAULS OF THE U.S.S. JOHN C. STENNIS - AND U.S.S. HARRY S. TRUMAN. - - (a) Refueling and Complex Overhaul.--The Secretary of the Navy -shall carry out the nuclear refueling and complex overhaul of the -U.S.S. John C. Stennis (CVN-74) and U.S.S. Harry S. Truman (CVN-75). - (b) Use of Incremental Funding.--With respect to any contract -entered into under subsection (a) for the nuclear refueling and complex -overhauls of the U.S.S. John C. Stennis (CVN-74) and U.S.S. Harry S. -Truman (CVN-75), the Secretary may use incremental funding for a period -not to exceed six years after advance procurement funds for such -nuclear refueling and complex overhaul effort are first obligated. - (c) Condition for Out-year Contract Payments.--Any contract entered -into under subsection (a) shall provide that any obligation of the -United States to make a payment under the contract for a fiscal year -after fiscal year 2020 is subject to the availability of appropriations -for that purpose for that later fiscal year. - -SEC. 129. REPORT ON CARRIER WING COMPOSITION. - + (1) The term ``Milestone B approval'' has the meaning given the + term in section 2366(e)(7) of title 10, United States Code. + (2) The term ``milestone decision authority'' means the + official within the Department of Defense designated with the + overall responsibility and authority for acquisition decisions for + the program, including authority to approve entry of the program + into the next phase of the acquisition process. + (3) The term ``large surface combatants'' means Navy surface + ships that are designed primarily to engage in attacks against + airborne, surface, subsurface, and shore targets, excluding + frigates and littoral combat ships. + SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS PENDING QUARTERLY + UPDATES ON THE CH-53K KING STALLION HELICOPTER PROGRAM. + (a) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2020 for aircraft +procurement, Navy, for the CH-53K King Stallion helicopter program, not +more than 50 percent may be obligated or expended until a period of 30 +days has elapsed following the date on which the Secretary of the Navy +provides the first briefing required under subsection (b). + (b) Quarterly Briefings Required.-- + (1) In general.--Beginning not later than 30 days after the + date of the enactment of this Act, and on a quarterly basis + thereafter through the end of fiscal year 2022, the Secretary of + the Navy shall provide to the Committees on Armed Services of the + Senate and the House of Representatives a briefing on the progress + of the CH-53K King Stallion helicopter program. + (2) Elements.--Each briefing under paragraph (1) shall include, + with respect to the CH-53K King Stallion helicopter program, the + following: + (A) An overview of the program schedule. + (B) A statement of the total cost of the program as of the + date of the briefing, including the costs of development, + testing, and production. + (C) A comparison of the total cost of the program relative + to the approved acquisition program baseline. + (D) An assessment of flight testing under the program, + including identification of the number of test events that have + been conducted on-time in accordance with the joint integrated + program schedule. + (E) An update on the correction of technical deficiencies + under the program, including-- + (i) identification of the technical deficiencies that + have been corrected as of the date of the briefing; + (ii) identification of the technical deficiencies that + have been discovered, but not corrected, as of such date; + (iii) an estimate of the total cost of correcting + technical deficiencies under the program; and + (iv) an explanation of any significant deviations from + the testing and program schedule that are anticipated due + to the discovery and correction of technical deficiencies. + SEC. 133. LIMITATION ON AVAILABILITY OF FUNDS FOR VH-92A + HELICOPTER. + (a) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2020 for procurement +for the VH-92A helicopter, not more than 80 percent may be obligated or +expended until the date on which the Secretary of Navy submits to the +Committees on Armed Services of the Senate and the House of +Representatives the report required under subsection (b). + (b) Report Required.--The Secretary of the Navy shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report assessing the status of the VH-92A helicopter +program industrial base and the potential impact of proposed +manufacturing base changes on the acquisition program. The report shall +include a description of-- + (1) estimated effects on the manufacturing readiness level of + the VH-92 program due to potential changes to the program + manufacturing base; + (2) the estimated costs and assessment of cost risk to the + program due to potential changes to the program manufacturing base; + (3) any estimated schedule impacts, including impacts on + delivery dates for the remaining low-rate initial production lots + and full rate production, resulting from any changes to the + manufacturing base; + (4) an assessment of the effect of changes to the manufacturing + base on VH-92A sustainment; and + (5) the impact of such changes on production and sustainment + capacity for the MH-60 and CH-53K helicopters of the Navy. + SEC. 134. REPORT ON CARRIER WING AND AVIATION COMBAT ELEMENT + COMPOSITION. (a) In General.--Not later than May 1, 2020, the Secretary of the Navy shall submit to the congressional defense committees a report on -the optimal composition of the carrier air wing in 2030 and 2040, -including alternative force design concepts. +the optimal composition of the carrier air wing (CVW) on aircraft +carriers and aviation combat element (ACE) embarked on amphibious ships +in 2030 and 2040, including alternative force design concepts. (b) Elements.--The report required under subsection (a) shall -include the following elements: - (1) Analysis and justification for the Navy's stated goal - of a 50/50 mix of 4th and 5th generation aircraft for 2030. - (2) Analysis and justification for an optimal mix of - carrier aircraft for 2040. - (3) A plan for incorporating unmanned aerial vehicles and - associated communication capabilities to effectively implement - the future force design. +include the following elements for the CVW and ACE: + (1) Analysis and justification for the Department of the Navy's + stated goal of a 50/50 mix of 4th and 5th generation aircraft for + 2030. + (2) Analysis and justification for an optimal mix of aircraft + for 2040. + (3) A plan for incorporating unmanned aerial vehicles and + associated communication capabilities to effectively implement the + future force design. + (4) Analysis of the support equipment requirement for each + aircraft type and the space needed to accommodate such equipment. + (5) A description of existing and potential ship designs or + design changes that would enable greater commonality and + interoperability of embarked naval aircraft, including aircraft + arresting gear and launch catapults. (c) Briefing.--Not later than March 1, 2020, the Secretary of the Navy shall provide the congressional defense committees a briefing on the report required under subsection (a). Subtitle D--Air Force Programs -SEC. 141. REQUIREMENT TO ALIGN AIR FORCE FIGHTER FORCE STRUCTURE WITH - NATIONAL DEFENSE STRATEGY AND REPORTS. - + SEC. 141. MODIFICATION OF REQUIREMENT TO PRESERVE CERTAIN C-5 + AIRCRAFT. + Section 141(d) of the National Defense Authorization Act for Fiscal +Year 2013 (Public Law 112-239; 126 Stat. 1661) is amended-- + (1) in paragraph (1), by striking ``until the date that is 30 + days after the date on which the briefing under section 144(b) of + the National Defense Authorization Act for Fiscal Year 2018 is + provided to the congressional defense committees'' and inserting + ``until the date that is 30 days after the date on which the final + report and briefing required under section 1712(c)(2) of the + National Defense Authorization Act for Fiscal Year 2020 have each + been provided to the congressional defense committees''; and + (2) in paragraph (2)(A), by striking ``can be returned to + service'' and inserting ``is inducted into or maintained in type + 1000 recallable storage''. + SEC. 142. OC-135B AIRCRAFT RECAPITALIZATION PROGRAM. + The Secretary of the Air Force shall ensure that any request for +proposals for the procurement of an OC-135B aircraft under a +recapitalization program for such aircraft meets the requirements for +full and open competition as set forth in section 2304 of title 10, +United States Code, and includes, as part of such request for +proposals, consideration of proposals for the provision of new +production aircraft and recently manufactured aircraft. + SEC. 143. REQUIREMENT TO ALIGN AIR FORCE AVIATION FORCE STRUCTURE + WITH NATIONAL DEFENSE STRATEGY. (a) Required Submission of Strategy.--Not later than March 1, 2020, the Secretary of the Air Force shall submit to the congressional -defense committees a fighter force structure acquisition strategy that -is aligned with the results of the reports submitted under subtitle D -of title I of the National Defense Authorization Act for Fiscal Year -2018 (Public Law 115-91) and the Air Force's stated requirements to -meet the National Defense Strategy. +defense committees an aviation force structure acquisition strategy +that aligns with the stated capability and capacity requirements of the +Department of the Air Force to meet the National Defense Strategy. (b) Alignment With Strategy.--The Secretary of the Air Force may not deviate from the strategy submitted under subsection (a) until-- - (1) the Secretary receives a waiver and justification from - the Secretary of Defense; and - (2) 30 days after notifying the congressional defense - committees of the proposed deviation. - -SEC. 142. REQUIREMENT TO ESTABLISH THE USE OF AN AGILE DEVOPS SOFTWARE - DEVELOPMENT SOLUTION AS AN ALTERNATIVE FOR JOINT STRIKE - FIGHTER AUTONOMIC LOGISTICS INFORMATION SYSTEM. - - (a) Establishment of an Alternative Agile DevOps Software -Development Program.--The Secretary of Defense shall establish a -software development activity using Agile DevOps to create an -alternative solution for the Joint Strike Fighter Autonomic Logistics -Information System (ALIS). - (b) Competitive Analysis.--The Secretary of Defense shall carry out -a competitive analysis of the efforts between Autonomic Logistics -Information System, Autonomic Logistics Information System-Next, and -Madhatter, including with respect to transition opportunities and -timelines. - (c) Briefing.--Not later than September 30, 2020, the Secretary of -Defense, in consultation with the Secretary of the Air Force, shall -provide the congressional defense committees a briefing on the findings -of the Secretary of Defense with respect to the competitive analysis -carried out under subsection (b). - -SEC. 143. REPORT ON FEASIBILITY OF MULTIYEAR CONTRACT FOR PROCUREMENT - OF JASSM-ER MISSILES. - - (a) In General.--Not later than March 31, 2020, the Secretary of -the Air Force shall submit a report to the congressional defense -committees assessing the feasibility of entering into a multiyear -contract for procurement of JASSM-ER missiles starting in fiscal year -2022. - (b) Elements.--The report required under subsection (a) shall -include the following elements: - (1) An initial assessment of cost savings to the Air Force - from a multiyear contract. - (2) An analysis of at least two different multiyear - contract options that vary in either duration or quantity, at - least one of which assumes a maximum procurement of 550 - missiles per year for 5 years. - (3) An assessment of how a multiyear contract will impact - the industrial base. - (4) An assessment of how a multiyear contract will impact - the Long Range Anti-Ship Missile. - (5) An assessment of how a multiyear contract will impact - the ability of the Air Force to develop additional capabilities - for the JASSM-ER missile. - -SEC. 144. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION. - - (a) Sense of Congress.--It is the sense of Congress that-- - (1) it is critical that the Air Force has the capability to - train against an advanced air adversary in order to be prepared - for conflicts against a modern enemy force, and that in order - to have this capability, the Air Force must have access to an - advanced adversary force prior to United States adversaries - fielding a 5th-generation operational capability; and - (2) the Air Force's plan to use low-rate initial production - F-35As as aggressor aircraft reflects a recognition of the need - to field a modernized aggressor fleet. - (b) Report.-- - (1) In general.--The Secretary of the Air Force may not - transfer any low-rate initial production F-35 aircraft for use - as aggressor aircraft until the Chief of Staff of the Air Force - submits to the congressional defense committees a comprehensive - plan and report on the strategy for modernizing its organic - aggressor fleet. - (2) Elements.--The report required under paragraph (1) - shall include the following elements: - (A) Potential locations for F-35A aggressor - aircraft, including an analysis of installations that-- - (i) have the size and availability of - airspace necessary to meet flying operations - requirements; - (ii) have sufficient capacity and - availability of range space; - (iii) are capable of hosting advanced- - threat training exercises; and - (iv) meet or require minimal addition to - the environmental requirements associated with - the basing action. - (B) An analysis of the potential cost and benefits - of expanding aggressor squadrons currently operating 18 - Primary Assigned Aircraft (PAA) to a level of 24 PAA - each. - (C) An analysis of the cost and timelines - associated with modernizing the current Air Force - aggressor squadrons to include upgrading aircraft - radar, infrared search-and-track systems, radar warning - receiver, tactical datalink, threat-representative - jamming pods, and other upgrades necessary to provide a - realistic advanced adversary threat. - -SEC. 145. AIR FORCE PLAN FOR COMBAT RESCUE HELICOPTER FIELDING. - - (a) Sense of Congress.--It is the sense of Congress that, given -delays to Operational Loss Replacement (OLR) program fielding and the -on-time fielding of Combat Rescue Helicopter (CRH), the Air National + (1) the Secretary receives a waiver from the Secretary of + Defense, in consultation with the Chairman of the Joint Chiefs of + Staff; and + (2) the Secretary of Defense provides the congressional defense + committees with the waiver approval documentation. + SEC. 144. PROHIBITION ON AVAILABILITY OF FUNDS FOR REDUCTION IN KC- + 10 PRIMARY MISSION AIRCRAFT INVENTORY. + None of the funds authorized to be appropriated by this Act or +otherwise made available for fiscal year 2020 for the Air Force may be +obligated or expended to reduce the number of KC-10 aircraft in the +primary mission aircraft inventory of the Air Force. + SEC. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR F-15EX AIRCRAFT. + (a) Limitation.--Except as provided in subsection (b), none of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2020 for the Air Force may be obligated or +expended to procure any F-15EX aircraft, other than the first two +prototypes of such aircraft, until a period of 15 days has elapsed +following the date on which the Secretary of the Air Force submits to +the congressional defense committees a report on the following topics +relating to the F-15EX program: + (1) Acquisition strategy. + (2) Cost and schedule estimates. + (3) Test and evaluation strategy. + (4) Logistics strategy. + (5) Post-production fielding strategy. + (b) Exception for Long-lead Items.-- + (1) In general.--Notwithstanding subsection (a), the Secretary + of the Air Force may use the funds described in paragraph (2) to + procure long-lead items for up to six additional F-15EX aircraft + beyond the first two prototypes of such aircraft. + (2) Funds described.--The funds described in this paragraph are + funds authorized to be appropriated by this Act or otherwise made + available for fiscal year 2020 for the Air Force for any of the + following: + (A) Research and development, nonrecurring engineering. + (B) Aircraft procurement. + (c) F-15EX Program Defined.--In this section, the term ``F-15EX +program'' means the F-15EX aircraft program of the Air Force as +described in the materials submitted to Congress by the Secretary of +Defense in support of the budget of the President for fiscal year 2020 +(as submitted to Congress under section 1105(a) of title 21, United +States Code). + SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B AIRCRAFT. + (a) Limitation.--Except as provided in subsection (b), none of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2020 or any subsequent fiscal year for the +Air Force may be obligated or expended to carry out over and above work +on the VC-25B aircraft until a period of 30 days has elapsed following +the date on which the Secretary of the Air Force notifies the +congressional defense committees of the intent of the Secretary to +authorize such work. + (b) Exception.--The limitation under subsection (a) shall not apply +to over and above work carried out-- + (1) to repair or replace items damaged during the testing of + the VC-25B aircraft; or + (2) to make changes necessary to meet operational requirements. + (c) Definitions.--In this section: + (1) The term ``operational requirements'' means any of the + operational requirements for the VC-25B aircraft described in the + capability development document or the system requirements document + for the Presidential Aircraft Recapitalization Program. + (2) The term ``over and above work'' means work performed + pursuant to line 0012 (CLIN 0012) of the contract for Presidential + Aircraft Recapitalization entered into between the Department of + the Air Force and the Boeing Company (contract number FA8625-16-C- + 6599). + SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RC-26B AIRCRAFT. + (a) Limitation.--Except as provided in subsection (b), none of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2020 for the Air Force may be obligated or +expended to retire, divest, realign, or place in storage or on backup +aircraft inventory status, or prepare to retire, divest, realign, or +place in storage or backup inventory status, any RC-26B aircraft until +the date on which the Secretary of the Air Force submits to the +congressional defense committees-- + (1) the report required under subsection (c); and + (2) the certification required under subsection (d). + (b) Exception.--The limitation in subsection (a) shall not apply to +individual RC-26B aircraft that the Secretary of the Air Force +determines, on a case-by-case basis, to be no longer mission capable +because of mishaps or other damage. + (c) Report Required.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of the Air Force shall submit to +the congressional defense committees a report that includes the +following: + (1) A survey of any requirements for the Air Force to provide + intelligence, surveillance, and reconnaissance support to other + military forces and civil authorities that the Air Force and the + Air National Guard meet using the RC-26B aircraft. + (2) An assessment of the extent to which such requirements are + appropriate for the Air Force to fulfill. + (3) The manner in which the Secretary would meet such + requirements if the RC-26B aircraft were to be retired. + (4) A comparison of costs and effectiveness of alternative + means of providing intelligence, surveillance, and reconnaissance + support to other military forces and civil authorities. + (5) An assessment of the utility of entering into one or more + memoranda of agreement with other military forces and civil + authorities to govern the process for providing intelligence, + surveillance, and reconnaissance support to those forces and + authorities. + (d) Certification Required.--Not later than 60 days after the date +on which the Secretary of the Air Force submits the report required +under subsection (c), the Secretary shall certify to the congressional +defense committees-- + (1) whether there are requirements for the Air Force to provide + intelligence, surveillance, and reconnaissance support to other + military forces and civil authorities that the Air Force meets + using the RC-26B aircraft; and + (2) whether the Secretary has identified methods of meeting + such requirements that are more effective and more efficient than + meeting such requirements through the use of the RC-26B aircraft. + SEC. 148. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF RC- + 135 AIRCRAFT. + (a) Limitation.--Except as provided in subsection (b), none of the +funds authorized to be appropriated by this Act or otherwise made +available for fiscal year 2020 for the Air Force may be obligated or +expended to retire, or prepare to retire, any RC-135 aircraft until a +period of 60 days has elapsed following the date on which the Secretary +of Defense certifies to the congressional defense committees that-- + (1) technologies other than the RC-135 aircraft provide + capacity and capabilities equivalent to the capacity and + capabilities of the RC-135 aircraft; and + (2) the capacity and capabilities of such other technologies + meet the requirements of combatant commanders with respect to + indications and warning, intelligence preparation of the + operational environment, and direct support for kinetic and + nonkinetic operations. + (b) Exception.--The limitation in subsection (a) shall not apply to +individual RC-135 aircraft that the Secretary of the Air Force +determines, on a case-by-case basis, to be no longer mission capable +because of mishaps, other damage, or being uneconomical to repair. + SEC. 149. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) it is critical that the Air Force has the capability to + train against an advanced air adversary in order to be prepared for + conflicts against a modern enemy force, and that in order to have + this capability, the Air Force must have access to an advanced + adversary force prior to United States adversaries fielding a 5th- + generation operational capability; and + (2) the Air Force's plan to use low-rate initial production F- + 35As as aggressor aircraft reflects a recognition of the need to + field a modernized aggressor fleet. + (b) Report.-- + (1) In general.--The Secretary of the Air Force may not + transfer any low-rate initial production F-35 aircraft for use as + aggressor aircraft until the Chief of Staff of the Air Force + submits to the congressional defense committees a comprehensive + plan and report on the strategy for modernizing its organic + aggressor fleet. + (2) Elements.--The report required under paragraph (1) shall + include the following elements: + (A) Potential locations for F-35A aggressor aircraft, + including an analysis of installations that-- + (i) have the size and availability of airspace + necessary to meet flying operations requirements; + (ii) have sufficient capacity and availability of range + space; + (iii) are capable of hosting advanced-threat training + exercises; and + (iv) meet or require minimal addition to the + environmental requirements associated with the basing + action. + (B) An analysis of the potential cost and benefits of + expanding aggressor squadrons currently operating 18 Primary + Assigned Aircraft (PAA) to a level of 24 PAA each. + (C) An analysis of the cost and timelines associated with + modernizing the current Air Force aggressor squadrons to + include upgrading aircraft radar, infrared search-and-track + systems, radar warning receiver, tactical datalink, threat- + representative jamming pods, and other upgrades necessary to + provide a realistic advanced adversary threat. + SEC. 150. AIR FORCE PLAN FOR COMBAT RESCUE HELICOPTER FIELDING. + (a) Sense of Congress.--It is the sense of Congress that, given +delays to Operational Loss Replacement (OLR) program fielding and the +on-time fielding of Combat Rescue Helicopter (CRH), the Air National Guard should retain additional HH-60G helicopters at Air National Guard locations to meet their recommended primary aircraft authorized (PAA) per the Air Force's June 2018 report on Air National Guard HH-60 requirements. (b) Report on Fielding Plan.-- - (1) In general.--Not later than 45 days after the date of - the enactment of this Act, the Secretary of the Air Force shall - submit to the congressional defense committees a report on its - fielding plan for the CRH program. - (2) Elements.--The report required under paragraph (1) - shall include the following elements: - (A) A description of the differences in - capabilities between the HH-60G, OLR, and CRH - helicopters. - (B) A description of the costs and risks associated - with changing the CRH fielding plan to reduce or - eliminate inventory shortfalls. - (C) A description of the measures for accelerating - the program available within the current contract. - (D) A description of the operational risks and - benefits associated with fielding the CRH to the active - component first, including-- - (i) how the differing fielding plan may - affect deployment schedules; - (ii) what capabilities active-component - units deploying with the CRH will have that - reserve component units deploying with OLR will - not; and - (iii) an analysis of the potential costs - and benefits that could result from - accelerating CRH fielding to all units through - additional funding in the future years defense - program. + (1) In general.--Not later than 45 days after the date of the + enactment of this Act, the Secretary of the Air Force shall submit + to the congressional defense committees a report on its fielding + plan for the CRH program. + (2) Elements.--The report required under paragraph (1) shall + include the following elements: + (A) A description of the differences in capabilities + between the HH-60G, OLR, and CRH helicopters. + (B) A description of the costs and risks associated with + changing the CRH fielding plan to reduce or eliminate inventory + shortfalls. + (C) A description of the measures for accelerating the + program available within the current contract. + (D) A description of the operational risks and benefits + associated with fielding the CRH to the active component first, + including-- + (i) how the differing fielding plan may affect + deployment schedules; + (ii) what capabilities active-component units deploying + with the CRH will have that reserve component units + deploying with OLR will not; and + (iii) an analysis of the potential costs and benefits + that could result from accelerating CRH fielding to all + units through additional funding in the future years + defense program. (c) Report on Training Plan.-- - (1) In general.--Not later than 45 days after the date of - the enactment of this Act, the Secretary of the Air Force shall - submit to the congressional defense committees a report on the - plan to sustain training for initial-entry reserve component - HH-60G pilots once the active component of the Air Force has - received all of its CRH helicopters. - (2) Elements.--The report required under paragraph (1) - shall include the following elements: - (A) Projected reserve component aircrew initial HH- - 60G/OLR qualification training requirements, by year. - (B) The number of legacy HH-60G/OLR helicopters - required to continue providing initial HH-60G - qualification training through the 150th Special - Operations Wing at Kirtland Air Force Base. - (C) The number of personnel required to continue - providing initial HH-60G/OLR qualification training - through the 150th Special Operations Wing at Kirtland - Air Force Base. - (D) The number of flying hours required per pilot - to perform ``differences training'' at home station for - initial entry HH-60 pilots receiving CRH training at - Kirtland Air Force Base to become qualified in the HH- - 60G/OLR at their home station. - (E) The projected effect of using local flying - training hours at reserve component units on overall - unit training readiness and ability to meet Ready - Aircrew Program requirements. - -SEC. 146. MILITARY TYPE CERTIFICATION FOR AT-6 AND A-29 LIGHT ATTACK - EXPERIMENTATION AIRCRAFT. - - The Secretary of the Air Force shall conduct a military type -certification for the AT-6 and A-29 light attack experimentation -aircraft pursuant to the DoD Directive on Military Type Certificates, -5030.61. + (1) In general.--Not later than 45 days after the date of the + enactment of this Act, the Secretary of the Air Force shall submit + to the congressional defense committees a report on the plan to + sustain training for initial-entry reserve component HH-60G pilots + once the active component of the Air Force has received all of its + CRH helicopters. + (2) Elements.--The report required under paragraph (1) shall + include the following elements: + (A) Projected reserve component aircrew initial HH-60G/OLR + qualification training requirements, by year. + (B) The number of legacy HH-60G/OLR helicopters required to + continue providing initial HH-60G qualification training + through the 150th Special Operations Wing at Kirtland Air Force + Base. + (C) The number of personnel required to continue providing + initial HH-60G/OLR qualification training through the 150th + Special Operations Wing at Kirtland Air Force Base. + (D) The number of flying hours required per pilot to + perform ``differences training'' at home station for initial + entry HH-60 pilots receiving CRH training at Kirtland Air Force + Base to become qualified in the HH-60G/OLR at their home + station. + (E) The projected effect of using local flying training + hours at reserve component units on overall unit training + readiness and ability to meet Ready Aircrew Program + requirements. + SEC. 151. REPORT ON FEASIBILITY OF MULTIYEAR CONTRACT FOR + PROCUREMENT OF JASSM-ER MISSILES. + (a) In General.--Not later than March 31, 2020, the Secretary of +the Air Force shall submit a report to the congressional defense +committees assessing the feasibility of entering into a multiyear +contract for procurement of JASSM-ER missiles starting in fiscal year +2022. + (b) Elements.--The report required under subsection (a) shall +include the following elements: + (1) An initial assessment of cost savings to the Air Force from + a multiyear contract. + (2) An analysis of at least two different multiyear contract + options that vary in either duration or quantity, at least one of + which assumes a maximum procurement of 550 missiles per year for 5 + years. + (3) An assessment of how a multiyear contract will impact the + industrial base. + (4) An assessment of how a multiyear contract will impact the + Long Range Anti-Ship Missile. + (5) An assessment of how a multiyear contract will impact the + ability of the Air Force to develop additional capabilities for the + JASSM-ER missile. + SEC. 152. REPORT ON AIRCRAFT FLEET OF THE CIVIL AIR PATROL. + (a) Report.--Not later than 90 days after the date of the enactment +of this Act, the Secretary of the Air Force shall submit to the +congressional defense committees a report on the aircraft fleet of the +Civil Air Patrol. + (b) Elements.--The report required by subsection (a) shall include +an assessment of each of the following: + (1) Whether the number of aircraft, types of aircraft, and + operating locations that comprise the Civil Air Patrol fleet are + suitable for the missions and responsibilities assigned to the + Civil Air Patrol, including-- + (A) flight proficiency and training; + (B) operational mission training; and + (C) support for cadet orientation and cadet flight training + programs in the Civil Air Patrol wing of each State. + (2) The ideal overall size of the Civil Air Patrol aircraft + fleet, including a description of the factors used to determine + that ideal size. + (3) The process used by the Civil Air Patrol and the Air Force + to determine the number and location of aircraft operating + locations and whether State Civil Air Patrol wing commanders are + appropriately involved in that process. + (4) The process used by the Civil Air Patrol, the Air Force, + and other relevant entities to determine the type and number of + aircraft that are needed to support the emergency, operational, and + training missions of the Civil Air Patrol. + SEC. 153. SENSE OF CONGRESS ON THE LIGHT ATTACK AIRCRAFT INITIATIVE + OF THE AIR FORCE. + It is the sense of the Congress that-- + (1) The United States Special Operations Command has a mission + requirement to support foreign internal defense training and a + light attack aircraft platform could potentially facilitate meeting + that requirement. + (2) The Secretary of the Air Force should coordinate with the + Commander of the United States Special Operations Command to assess + how general purpose forces and special operations forces can + leverage the light attack aircraft phase three experimentation + activities of the Air Force. + (3) The Secretary of the Air Force, in coordination with the + Commander of the United States Special Operations Command, should + explore options for coordinating light attack aircraft experiment + activities between general purpose forces and special operations + forces to maximize efficiency and effectiveness and to further the + mission requirements of both forces, including options to transfer + a portion of funds authorized for Air Force light attack aircraft + experiments to procure aircraft for supporting the combat air + advisor mission of the Special Operations Command. Subtitle E--Defense-wide, Joint, and Multiservice Matters -SEC. 151. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICATIONS - SYSTEMS LACKING CERTAIN RESILIENCY FEATURES. - + SEC. 161. ECONOMIC ORDER QUANTITY CONTRACTING AND BUY-TO-BUDGET + ACQUISITION FOR F-35 AIRCRAFT PROGRAM. + (a) Economic Order Quantity Contract Authority.-- + (1) In general.--Subject to paragraphs (2) through (4), from + amounts made available for obligation under the F-35 aircraft + program, the Secretary of Defense may enter into one or more + contracts, beginning with the fiscal year 2020 program year, for + the procurement of economic order quantities of material and + equipment that has completed formal hardware qualification testing + for the F-35 aircraft program for use in procurement contracts to + be awarded for such program during fiscal years 2021, 2022, and + 2023. + (2) Limitation.--The total amount obligated under all contracts + entered into under paragraph (1) shall not exceed $574,000,000. + (3) Preliminary findings.--Before entering into a contract + under paragraph (1), the Secretary of Defense shall make each of + the following findings with respect to such contract: + (A) The use of such a contract will result in significant + savings of the total anticipated costs of carrying out the + program through annual contracts. + (B) The minimum need for the property to be procured is + expected to remain substantially unchanged during the + contemplated contract period in terms of production rate, + procurement rate, and total quantities. + (C) There is a reasonable expectation that, throughout the + contemplated contract period, the Secretary will request + funding for the contract at the level required to avoid + contract cancellation. + (D) That there is a stable, certified, and qualified design + for the property to be procured and that the technical risks + and redesign risks associated with such property are low. + (E) The estimates of both the cost of the contract and the + anticipated cost avoidance through the use of an economic order + quantity contract are realistic. + (F) Entering into the contract will promote the national + security interests of the United States. + (4) Certification requirement.--The Secretary of Defense may + not enter into a contract under paragraph (1) until a period of 30 + days has elapsed following the date on which the Secretary + certifies to the congressional defense committees, in writing, that + each of the following conditions is satisfied: + (A) A sufficient number of end items of the system being + acquired under such contract have been delivered at or within + the most recently available estimates of the program + acquisition unit cost or procurement unit cost for such system + to determine that the estimates of the unit costs are + realistic. + (B) During the fiscal year in which such contract is to be + awarded, sufficient funds will be available to perform the + contract in such fiscal year, and the future-years defense + program submitted to Congress under section 221 of title 10, + United States Code, for that fiscal year will include the + funding required to execute the program without cancellation. + (C) The contract is a fixed-price type contract. + (D) The proposed contract provides for production at not + less than minimum economic rates given the existing tooling and + facilities. + (E) The Secretary has determined that each of the + conditions described in subparagraphs (A) through (F) of + paragraph (3) will be met by such contract and has provided the + basis for such determination to the congressional defense + committees. + (b) Buy-to-budget Acquisition.--Subject to section 2308 of title +10, United States Code, the Secretary of Defense may procure a quantity +of F-35 aircraft in excess of the quantity authorized by this Act. + SEC. 162. RELIEF FROM CONTRACTORS FOR FAILURE TO DELIVER READY-FOR- + ISSUE SPARE PARTS FOR THE F-35 AIRCRAFT PROGRAM. + (a) Requirement to Seek Relief.--Consistent with the findings and +recommendations of the Inspector General of the Department of Defense +in the report titled ``Audit of F-35 Ready-For-Issue Spare Parts and +Sustainment Performance Incentive Fees'' (DODIG-2019-094) and dated +June 13, 2019, the Secretary of Defense shall seek relief, as described +in subsection (b), from prime contractors that delivered noncompliant +ready-for-issue spare parts pursuant a contract under the F-35 aircraft +program. + (b) Relief Described.--The relief sought by the Secretary of +Defense under subsection (a) may include the following: + (1) Specific performance. + (2) Compensation for costs incurred by the Department of + Defense as a result of the contractor's failure to deliver + compliant ready-for-issue spare parts under the contract. + (3) Any other form of remediation or compensation the Secretary + determines to be appropriate. + (c) Rule of Construction.--Nothing in this section shall be +construed-- + (1) to alter the terms of a contract under the F-35 aircraft + program; or + (2) to authorize the Secretary of Defense to seek forms of + relief beyond those otherwise available under law. + SEC. 163. LIMITATION ON AVAILABILITY OF FUNDS FOR REALLOCATION OF + TURKISH F-35A AIRCRAFT TO THE UNITED STATES. + (a) Limitation.--None of the funds authorized to be appropriated by +this Act or otherwise made available for fiscal year 2020 for the Air +Force may be obligated or expended to procure a covered F-35A aircraft +for the United States Air Force until a period of 15 days has elapsed +following the date on which the Secretary of Defense certifies to the +congressional defense committees that-- + (1) ancillary mission equipment, initial spare parts and + materials, technical data, and publications will be procured for + each covered F-35A aircraft delivered to the Air Force; and + (2) each such aircraft will be delivered to the Air Force in a + common configuration that may be operated and integrated within the + fleet of F-35A aircraft of the Air Force. + (b) Covered F-35A Aircraft Defined.--In this section, the term +``covered F-35A aircraft'' means an F-35A aircraft previously procured +by or on behalf of the Government of the Republic of Turkey in F-35 +production lot 12, 13, or 14. + SEC. 164. REQUIREMENT TO ESTABLISH THE USE OF AN AGILE DEVOPS + SOFTWARE DEVELOPMENT SOLUTION AS AN ALTERNATIVE FOR JOINT STRIKE + FIGHTER AUTONOMIC LOGISTICS INFORMATION SYSTEM. + (a) Competitive Analysis.--The Secretary of Defense shall conduct a +competitive analysis of the performance and design architecture +enhancement efforts between the currently fielded Autonomic logistics +Information System, Autonomic Logistics Information System-Next, and +the Department of the Air Force Agile Development Operations Madhatter +initiative efforts, including system technology transition +opportunities and timelines. + (c) Briefing.--Not later than September 30, 2020, the Secretary of +Defense shall provide the congressional defense committees a briefing +on the findings of the competitive analysis carried out under +subsection (a). + SEC. 165. F-35 SUSTAINMENT COST. + (a) Quarterly Update.--The Under Secretary of Defense for +Acquisition and Sustainment shall include in the quarterly report +required under section 155 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232)-- + (1) sustainment cost data related to the F-35 program, + including a comparison in itemized format of the cost of legacy + aircraft and the cost of the F-35 program, based on a standardized + set of criteria; and + (2) an evaluation and metrics on the extent to which the goals + developed pursuant to subsection (b) are being achieved. + (b) Cost Reduction Plan.-- + (1) In general.--The Under Secretary of Defense for Acquisition + and Sustainment shall develop and implement a plan for achieving + significant reductions in the costs to operate, maintain, and + sustain the F-35 system. + (2) Elements.--The plan required under paragraph (1) shall + include the following elements: + (A) Specific changes in the management and execution of + operation and support (O&S) cost elements to engender + continuous and measurable process improvements. + (B) Specific actions the Department will implement in the + near, mid, and long terms to reduce O&S costs. + (C) Firm and achievable timelines for implementing the + specific actions and process changes. + (3) Report.--Not later than 180 days after the date of the + enactment of this Act, the Under Secretary shall submit to the + congressional defense committees a report on the baseline plan + developed pursuant to paragraph (1). + SEC. 166. REPORTS ON THE PROGRESS AND PERFORMANCE OF THE F-35 + AIRCRAFT PROGRAM. + (a) F-35 Block 4 and Continuous Capability Development and Delivery +Program.--The Secretary of Defense shall include with the annual report +required by section 224(d) of the National Defense Authorization Act +for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2059) an integrated +master schedule and past performance assessment for each planned phase +of the F-35 Block 4 Upgrade and Continuous Capability Development and +Delivery Program. + (b) Comptroller General Reports.-- + (1) Annual report required.--Not later than 30 days after the + date on which the budget of the President is submitted to Congress + under section 1105(a) of title 31, United States Code, for each of + fiscal years 2021 through 2025, the Comptroller General of the + United States shall submit to the congressional defense committees + a report on the F-35 aircraft program. + (2) Elements.--Each report under paragraph (1) shall include, + with respect to the F-35 aircraft program, the following: + (A) An assessment of the progress of manufacturing + processes improvement under the program. + (B) The progress and results of the F-35 Block 4 Upgrade + and Continuous Capability Development and Delivery Program and + other follow-on modernization development and testing efforts. + (C) An assessment of the Department's schedule for + delivering software upgrades in six-month, scheduled + increments. + (D) The progress and results of any other significant + hardware development and fielding efforts necessary for the F- + 35 Block 4 Upgrade and Continuous Capability Development and + Delivery Program. + (E) Any other issues the Comptroller General determines to + be appropriate. + (c) F-35 Block 4 Defined.--In this section, the term ``F-35 Block 4 +Upgrade and Continuous Capability Development and Delivery Program'' +means Block 4 capability upgrades for the F-35 aircraft program as +described in the Selected Acquisition Report for the program submitted +to Congress in March 2019, pursuant to section 2432 of title 10, United +States Code. + SEC. 167. OTHER REPORTS ON THE F-35 AIRCRAFT PROGRAM. + (a) Report on F-35 Reliability and Maintainability Metrics.--The +Secretary of Defense shall submit to the congressional defense +committees a report on the reliability and maintainability metrics for +the F-35 aircraft. The report shall include the following: + (1) The results of a review and assessment, conducted by the + program office for the F-35 aircraft program, of the reliability + and maintainability metrics for the aircraft as set forth in the + most recent operational requirements document for the program. + (2) A determination of whether the reliability and + maintainability metrics for the aircraft, as set forth in the most + recent operational requirements document for the program, are + feasible and attainable, and what changes, if any, will be made to + update the metrics. + (3) A certification that the program office for the F-35 + aircraft program has revised the reliability and maintainability + improvement plan for the aircraft-- + (A) to identify specific and measurable reliability and + maintainability objectives in the improvement plan guidance; + and + (B) to identify and document which projects included in the + improvement plan will achieve the objectives identified under + subparagraph (A). + (b) Report on F-35 Block 4 Upgrade and Continuous Capability +Development and Delivery Program.-- + (1) In general.--The Secretary of Defense shall submit to the + congressional defense committees a report on the F-35 Block 4 + Upgrade and Continuous Capability Development and Delivery Program. + The report shall include the following: + (A) The results of the independent cost estimate for the + Program conducted by the Director of Cost Assessment and + Program Evaluation. + (B) An approved test and evaluation master plan that + addresses the adequacy of testing resources, testing aircraft + shortfalls, and testing funding. + (C) A review of the feasibility and schedule of the + continuous capability development and delivery strategy for + fielding technologies under the Program as conducted by the + Under Secretary of Defense for Research and Engineering. + (2) F-35 block 4 defined.--In this subsection, the term ``F-35 + Block 4 Upgrade and Continuous Capability Development and Delivery + Program'' has the meaning given that term in section 166. + (c) Report on F-35 Autonomic Logistics Information System.--The +Secretary of Defense shall submit to the congressional defense +committees a report on the autonomic logistics information system of +the F-35 aircraft. The report shall include a description of each of +the following: + (1) All shortfalls, capability gaps, and deficiencies in the + system that have been identified as of the date of the enactment of + this Act. + (2) The strategy and performance requirements that will be + implemented to improve the system. + (3) The strategy, implementation plan, schedule, and estimated + costs of developing and fielding-- + (A) the next generation of the system; or + (B) future increments of the system. + (d) F-35 Life-cycle Cost Estimates.-- + (1) Joint cost estimate.--The Secretary of the Air Force and + the Secretary of the Navy shall jointly develop a joint service + cost estimate for the life-cycle costs of the F-35 aircraft + program. + (2) Independent cost estimate.--The Director of Cost Assessment + and Program Evaluation shall develop an independent cost estimate + for the life-cycle costs of the F-35 aircraft program. + (e) Deadline for Submittal.--The reports required under subsections +(a) through (d) shall be submitted to the congressional defense +committees not later than 180 days after the date of the enactment of +this Act. + SEC. 168. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICATIONS + SYSTEMS LACKING CERTAIN RESILIENCY FEATURES. (a) In General.--Except as provided under subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made -available for the Department of Defense for fiscal year 2020 may be -used for the procurement of a current or future Department of Defense -communication program of record unless the communications equipment-- - (1) provides the ability to deny geolocation of a - transmission that would allow enemy targeting of the force; - (2) provides the ability to securely communicate classified - information in a jamming environment of like-echelon forces; - and - (3) utilizes a waveform that is made available in the - Department of Defense Waveform Information Repository. +available for fiscal year 2020 for the Department of Defense may be +obligated or expended for the procurement of a current or future +Department of Defense communications program of record, and the +Department may not otherwise procure a current or future communications +program of record, unless the communications equipment-- + (1) mitigates geolocation of a transmission that would allow a + like echelon enemy force to target the user; + (2) securely communicates classified information in a contested + communications environment that includes operationally + representative jamming; + (3) reduces, within two years of continued development and + upgrades, electronic signature and susceptibility to geolocation by + using low probability of intercept/detect (LPI/LPD) waveforms, or + other capability that would provide the same resiliency on the + battlefield; and + (4) utilizes a waveform that is either made available through + the Department of Defense Waveform Information Repository, or is a + commercial off the shelf (COTS) waveform available for government + licensing with waveform analysis through the Joint Tactical + Networking Center (JTNC) Tactical Communications Marketplace. (b) Waiver.--The Secretary of a military department may waive the requirement under subsection (a) with respect to a communications system upon certifying to the congressional defense committees that the -system will not require resiliency due to its expected use. +system's intended use is not for contested environments or will meet +the requirement when operated as a component of an integrated network. + SEC. 169. REPEAL OF TACTICAL UNMANNED VEHICLE COMMON DATA LINK + REQUIREMENT. + (a) Report Required.-- + (1) In general.--Not later than February 1, 2020, the Under + Secretary of Defense for Acquisition and Sustainment shall submit + to the congressional defense committees a report on the status of + the Common Data Link program and plans to meet new and emerging + manned and unmanned intelligence, surveillance, and reconnaissance + (ISR) vehicle secure and interoperable communication requirements. + (2) Elements.--The report required under paragraph (1) shall + include the following elements: + (A) A description of each Common Data Link (CDL) waveform + in use and which platforms or systems utilize each CDL + waveform. + (B) A list of manned and unmanned ISR platforms or systems + in development requiring networked, secure, low latency + communications, and an assessment of the suitability of CDL to + meet the requirements of each planned program. + (C) A description of in-progress or planned technology + development efforts to address networking requirements for + manned and unmanned ISR systems operating in contested and + denied environments. + (b) Repeal.--Section 157 of the National Defense Authorization Act +for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1667) is hereby +repealed. -SEC. 152. F-35 SUSTAINMENT COST. + TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION - (a) Quarterly Report.--The Under Secretary of Defense for -Acquisition and Sustainment shall include in the quarterly report -required under section 155 of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232)-- - (1) sustainment cost data related to the F-35 program, - including a comparison in itemized format of the cost of legacy - aircraft and the cost of the F-35 program, based on a - standardized set of criteria; and - (2) a progress report on the extent to which the goals - developed pursuant to subsection (b) are being achieved. - (b) Cost Reduction Plan.-- - (1) In general.--The Under Secretary of Defense for - Acquisition and Sustainment shall develop a plan for achieving - significant reductions in the cost to operate and maintain the - F-35 aircraft. - (2) Elements.--The plan required under paragraph (1) shall - include the following elements: - (A) Specific changes in the management of operation - and support (O&S) cost to engender continuous process - improvement. - (B) Specific actions the Department will implement - in the near term to reduce O&S cost. - (C) Concrete timelines for implementing the - specific actions and process changes. - (3) Report.--Not later than 180 days after the date of the - enactment of this Act, the Under Secretary shall submit to the - congressional defense committees a report on the baseline plan - for achieving operation and support cost savings. - -SEC. 153. ECONOMIC ORDER QUANTITY CONTRACTING AUTHORITY FOR F-35 JOINT - STRIKE FIGHTER PROGRAM. - - The Secretary of Defense is authorized to award multiyear contracts -for the procurement of F-35 aircraft in economic order quantities for -fiscal year 2021 (Lot 15) through fiscal year 2023 (Lot 17). - -SEC. 154. REPEAL OF TACTICAL UNMANNED VEHICLE COMMON DATA LINK - REQUIREMENT. - - Section 141 of the National Defense Authorization Act for Fiscal -Year 2006 (Public Law 109-163; 119 Stat. 3163) is hereby repealed. + Subtitle A--Authorization of Appropriations - TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION +Sec. 201. Authorization of appropriations. - Subtitle A--Authorization of Appropriations + Subtitle B--Program Requirements, Restrictions, and Limitations + +Sec. 211. Program on enhancement of preparation of dependents of members + of Armed Forces for careers in science, technology, + engineering, and mathematics. +Sec. 212. Updates to the Department of Defense personnel management + authority to attract experts in science and engineering. +Sec. 213. Establishment of joint reserve detachment of the Defense + Innovation Unit. +Sec. 214. Research and educational programs and activities for + Historically Black Colleges and Universities and Minority- + Serving Institutions of Higher Education. +Sec. 215. Modification of authority for prizes for advanced technology + achievements. +Sec. 216. Joint hypersonics transition office. +Sec. 217. Modification of proof of concept commercialization program. +Sec. 218. Modification of authority and addition of technology areas for + expedited access to technical talent. +Sec. 219. Expansion of coordination in support of national security + innovation and entrepreneurial education. +Sec. 220. Modification of defense quantum information science and + technology research and development program. +Sec. 221. Understanding of investments in artificial intelligence and + development of capabilities by adversaries. +Sec. 222. Advisory role of JASON scientific advisory group. +Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program. +Sec. 224. Requiring defense microelectronics products and services meet + trusted supply chain and operational security standards. +Sec. 225. Development and acquisition strategy to procure secure, low + probability of detection data link network capability. +Sec. 226. Establishment of secure next-generation wireless network (5G) + infrastructure for the Nevada Test and Training Range and base + infrastructure. +Sec. 227. Administration of manufacturing innovation institutes funded + by the Department of Defense. +Sec. 228. Research program on foreign malign influence operations. +Sec. 229. Diversification of the research and engineering workforce of + the Department of Defense. +Sec. 230. Policy on the talent management of digital expertise and + software professionals. +Sec. 231. Digital engineering capability to automate testing and + evaluation. +Sec. 232. Process to align policy formulation and emerging technology + development. +Sec. 233. Improvement of the Strategic Capabilities Office of the + Department of Defense. +Sec. 234. Pilot program on enhanced civics education. +Sec. 235. Technology and national security fellowship. +Sec. 236. Documentation relating to the Advanced Battle Management + System. +Sec. 237. Sensor data integration for fifth generation aircraft. +Sec. 238. Sense of Congress on future vertical lift technologies. +Sec. 239. Use of funds for Strategic Environmental Research Program, + Environmental Security Technical Certification Program, and + Operational Energy Capability Improvement. +Sec. 240. Limitation and report on Indirect Fire Protection Capability + Increment 2 capability. + + Subtitle C--Plans, Reports, and Other Matters + +Sec. 251. Master plan for implementation of authorities relating to + science and technology reinvention laboratories. +Sec. 252. Infrastructure to support research, development, test, and + evaluation missions. +Sec. 253. Energetics plan. +Sec. 254. Strategy and implementation plan for fifth generation + information and communications technologies. +Sec. 255. Department-wide software science and technology strategy. +Sec. 256. Artificial intelligence education strategy. +Sec. 257. Cyber science and technology activities roadmap and reports. +Sec. 258. Report on B-52 commercial engine replacement program. +Sec. 259. Commercial edge computing technologies and best practices for + Department of Defense warfighting systems. +Sec. 260. Biannual report on the Joint Artificial Intelligence Center. +Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle + program. +Sec. 262. National Study on Defense Research At Historically Black + Colleges and Universities and Other Minority Institutions. +Sec. 263. Study on national security emerging biotechnologies for the + Department of Defense. +Sec. 264. Independent study on optimizing resources allocated to + Combating Terrorism Technical Support Office. +Sec. 265. Independent assessment of electronic warfare plans and + programs. +Sec. 266. Technical correction to Global Research Watch Program. -SEC. 201. AUTHORIZATION OF APPROPRIATIONS. + Subtitle A--Authorization of Appropriations + SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section @@ -2836,424 +4061,1422 @@ test, and evaluation, as specified in the funding table in section Subtitle B--Program Requirements, Restrictions, and Limitations -SEC. 211. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE SECURE, LOW - PROBABILITY OF DETECTION DATA LINK NETWORK CAPABILITY. + SEC. 211. PROGRAM ON ENHANCEMENT OF PREPARATION OF DEPENDENTS OF + MEMBERS OF ARMED FORCES FOR CAREERS IN SCIENCE, TECHNOLOGY, + ENGINEERING, AND MATHEMATICS. + (a) Program Required.--Chapter 111 of title 10, United States Code, +is amended by inserting after section 2192a the following new section: +``Sec. 2192b. Program on enhancement of preparation of dependents of + members of armed forces for careers in science, technology, + engineering, and mathematics + ``(a) Program Required.--The Secretary of Defense shall carry out a +program to-- + ``(1) enhance the preparation of students at covered schools + for careers in science, technology, engineering, and mathematics; + and + ``(2) provide assistance to teachers at covered schools to + enhance preparation described in paragraph (1). + ``(b) Coordination.--In carrying out the program, the Secretary +shall coordinate with the following: + ``(1) The Secretaries of the military departments. + ``(2) The Secretary of Education. + ``(3) The National Science Foundation. + ``(4) Other organizations as the Secretary of Defense considers + appropriate. + ``(c) Activities.--Activities under the program may include the +following: + ``(1) Establishment of targeted internships and cooperative + research opportunities at defense laboratories and other technical + centers for students and teachers at covered schools. + ``(2) Establishment of scholarships and fellowships for + students at covered schools. + ``(3) Efforts and activities that improve the quality of + science, technology, engineering, and mathematics educational and + training opportunities for students and teachers at covered + schools, including with respect to improving the development of + curricula at covered schools. + ``(4) Development of travel opportunities, demonstrations, + mentoring programs, and informal science education for students and + teachers at covered schools. + ``(d) Metrics.--The Secretary shall establish outcome-based metrics +and internal and external assessments to evaluate the merits and +benefits of activities conducted under the program with respect to the +needs of the Department of Defense. + ``(e) Covered Schools Defined.--In this section, the term `covered +schools' means elementary or secondary schools at which the Secretary +determines a significant number of dependents of members of the armed +forces are enrolled.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +2192a the following new item: + +``2192b. Program on enhancement of preparation of dependents of members + of armed forces for careers in science, technology, + engineering, and mathematics.''. + (c) Conforming Repeal.--Section 233 of the Carl Levin and Howard P. +``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 +(Public Law 113-291; 10 U.S.C. 2193a note) is repealed. + SEC. 212. UPDATES TO THE DEPARTMENT OF DEFENSE PERSONNEL MANAGEMENT + AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND ENGINEERING. + (a) In General.--Subsection (a) of section 1599h of title 10, +United States Code, is amended by adding at the end the following new +paragraph: + ``(6) Joint artificial intelligence center.--The Director of + the Joint Artificial Intelligence Center may carry out a program of + personnel management authority provided in subsection (b) in order + to facilitate recruitment of eminent experts in science or + engineering for the Center. The authority to carry out the program + under this paragraph shall terminate on December 31, 2024.''. + (b) Scope of Appointment Authority.--Subsection (b)(1) of such +section is amended-- + (1) in subparagraph (D), by striking ``and'' at the end; + (2) in subparagraph (E), by adding ``and'' at the end; and + (3) by adding at the end the following new subparagraph: + ``(F) in the case of the Joint Artificial Intelligence + Center, appoint scientists and engineers to a total of not more + than 5 scientific and engineering positions in the Center;''. + (c) Extension of Terms of Appointment.--Subsection (c)(2) of such +section is amended by striking ``or the Defense Innovation Unit +Experimental'' and inserting ``the Defense Innovation Unit, or the +Joint Artificial Intelligence Center''. + (d) Update to Organizational Name.--Such section is further +amended-- + (1) in subsection (a)(5)-- + (A) in the subsection heading by striking ``DIUX'' and + inserting ``DIU''; and + (B) by striking ``Experimental''; and + (2) in subsection (b)(1)(E), by striking ``Experimental''. + SEC. 213. ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE DEFENSE + INNOVATION UNIT. + (a) In General.-- + (1) Establishment of joint reserve detachment of the defense + innovation unit.--Chapter 139 of title 10, United States Code, is + amended by inserting after section 2358a the following new section: +``Sec. 2358b. Joint reserve detachment of the Defense Innovation Unit + ``(a) Establishment.--The Secretary of Defense, in consultation +with the Secretaries of the military departments, may establish a joint +reserve detachment (referred to in this section as the `Detachment') +composed of members of the reserve components described in subsection +(b) to be assigned to each office of the Defense Innovation Unit to-- + ``(1) support engagement and collaboration with private-sector + industry and the community surrounding the location of such office; + and + ``(2) to accelerate the use and adoption of commercially- + developed technologies for national security purposes. + ``(b) Members.--Each Secretary of a military department shall +select for the Detachment, and make efforts to retain, members of the +reserve components who possess relevant private-sector experience in +the fields of business, acquisition, intelligence, engineering, +technology transfer, science, mathematics, program management, +logistics, cybersecurity, or such other fields as determined by the +Under Secretary of Defense for Research and Engineering. + ``(c) Duties.--The Detachment shall have the following duties: + ``(1) Providing the Department of Defense with-- + ``(A) expertise on and analysis of commercially-developed + technologies; + ``(B) commercially-developed technologies to be used as + alternatives for technologies in use by the Department; and + ``(C) opportunities for greater engagement and + collaboration between the Department and private-sector + industry on innovative technologies. + ``(2) On an ongoing basis-- + ``(A) partnering with the military departments, the + combatant commands, and other Department of Defense + organizations to-- + ``(i) identify and rapidly prototype commercially- + developed technologies; and + ``(ii) use alternative contracting mechanisms to + procure such technologies; + ``(B) increasing awareness of-- + ``(i) the work of the Defense Innovation Unit; and + ``(ii) the technology requirements of the Department of + Defense as identified in the National Defense Science and + Technology Strategy developed under section 218 of the John + S. McCain National Defense Authorization Act for Fiscal + Year 2019 (Public Law 115-232; 132 Stat. 1679); and + ``(C) using the investment in research and development made + by private-sector industry in assessing and developing dual-use + technologies. + ``(3) Carrying out other activities as directed by the Under + Secretary of Defense for Research and Engineering. + ``(d) Joint Duty.--Assignment to a Detachment shall not qualify as +a joint duty assignment, as defined in section 668(b)(1) of title 10, +United States Code, unless approved by the Secretary of Defense.''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter is amended by inserting after the item relating to + section 2358a the following new item: + +``2358b. Joint reserve detachment of the Defense Innovation Unit.''. + + (b) Implementation Report.--Not later than 120 days after the date +of the enactment of this Act, the Under Secretary of Defense for +Research and Engineering, in consultation with the Director of the +Defense Innovation Unit and the Secretaries of the military +departments, shall submit to the congressional defense committees a +report that includes-- + (1) an organizational plan and the estimated costs for + establishing the joint reserve detachment required under section + 2358b of title 10, United States Code (as added by subsection (a)); + and + (2) a timeline specifying when such detachment will attain + initial operational capability and full operational capability, + respectively. + SEC. 214. RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES FOR + HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY-SERVING + INSTITUTIONS OF HIGHER EDUCATION. + Section 2362 of title 10, United States Code, is amended-- + (1) by redesignating subsections (d) and (e) as subsections (e) + and (f), respectively; and + (2) by inserting after subsection (c) the following new + subsection: + ``(d) Incentives.--The Secretary of Defense may develop incentives +to encourage research and educational collaborations between covered +educational institutions and other institutions of higher education.''. + SEC. 215. MODIFICATION OF AUTHORITY FOR PRIZES FOR ADVANCED + TECHNOLOGY ACHIEVEMENTS. + Section 2374a(a) of title 10, United States Code, is amended by +striking ``Assistant Secretary of Defense for Research and +Engineering'' and inserting ``Under Secretary of Defense for Research +and Engineering, the Under Secretary of Defense for Acquisition and +Sustainment,''. + SEC. 216. 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 ``the program required under + subsection (b), and shall'' and inserting ``the program and + activities described in subsections (b) through (f), and shall''; + (2) by redesignating subsections (c) through (e) as subsections + (d) through (f), respectively; + (3) by inserting after subsection (b) the following new + subsection (c): + ``(c) University Expertise.-- + ``(1) Arrangement with institutions of higher education.--Using + the authority specified in section 217 of the National Defense + Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 + U.S.C. 2358 note) or another similar authority, the Office shall + seek to enter into an arrangement with one or more institutions of + higher education (as defined in section 101 of the Higher Education + Act of 1965 (20 U.S.C. 1001)) under which such institutions may + provide the Office with-- + ``(A) access to research, technology development, and + workforce development expertise to support the mission of the + Office; and + ``(B) foundational and applied hypersonic research, + development, and workforce support in areas that the Office + determines to be relevant for the Department of Defense. + ``(2) Availability of information.--The Office shall ensure + that the results of any research and reports produced pursuant to + an arrangement under paragraph (1) are made available to the + Federal Government, the private sector, academia, and international + partners consistent with appropriate security classification + guidance.''; + (4) in subsection (d), as so redesignated-- + (A) in paragraph (4), by striking the comma before the + period; and + (B) in paragraph (5), by striking ``certified under + subsection (e) as being consistent with the roadmap under + subsection (d)'' and inserting ``certified under subsection (f) + as being consistent with the roadmap under subsection (e)''; + (5) in subsection (e), as so redesignated, by adding at the end + the following new paragraph: + ``(4) Submittal to congress.-- + ``(A) Initial submission.--Not later than 180 days after + the date of the enactment of this paragraph, the Secretary of + Defense shall submit to the congressional defense committees + the most recent roadmap developed under paragraph (1). + ``(B) Subsequent submissions.--The Secretary of Defense + shall submit to the congressional defense committees each + roadmap revised under paragraph (1) together with the budget + submitted to Congress under section 1105 of title 31, United + States Code, for the fiscal year concerned.''; and + (6) in subsection (f), as so redesignated-- + (A) by striking ``subsection (d)'' each place it appears + and inserting ``subsection (e)''; and + (B) in paragraph (3), by striking ``2016'' and inserting + ``2026''. + SEC. 217. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZATION + PROGRAM. + (a) Extension of Program.--Section 1603(g) of the National Defense +Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. +2359 note) is amended by striking ``2019'' and inserting ``2024''. + (b) Additional Improvements.--Section 1603 of such Act, as amended +by subsection (a), is further amended-- + (1) in the section heading, by inserting ``of dual-use + technology'' after ``commercialization''; + (2) in subsection (a)-- + (A) by inserting ``of Dual-Use Technology'' after + ``Commercialization''; and + (B) by inserting ``with a focus on priority defense + technology areas that attract public and private sector + funding, as well as private sector investment capital, + including from venture capital firms in the United States,'' + before ``in accordance''; + (3) in subsection (c)(4)(A)(iv), by inserting ``, which may + include access to venture capital'' after ``award''; + (4) by striking subsection (d); + (5) by redesignating subsection (e) as subsection (d); + (6) by inserting after subsection (d), as so redesignated, the + following new subsection (e): + ``(e) Authorities.--In carrying out this section, the Secretary may +use the following authorities: + ``(1) Section 1599g of title 10 of the United States Code, + relating to public-private talent exchanges. + ``(2) Section 2368 of such title, relating to Centers for + Science, Technology, and Engineering Partnerships. + ``(3) Section 2374a of such title, relating to prizes for + advanced technology achievements. + ``(4) Section 2474 of such title, relating to Centers of + Industrial and Technical Excellence. + ``(5) Section 2521 of such title, relating to the Manufacturing + Technology Program. + ``(6) Section 225 of the National Defense Authorization Act for + Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2359 note). + ``(7) Section 1711 of such Act (Public Law 115-91; 10 U.S.C. + 2505 note), relating to a pilot program on strengthening + manufacturing in the defense industrial base. + ``(8) Section 12 of the Stevenson-Wydler Technology Innovation + Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United + States Code, relating to cooperative research and development + agreements.''. + (7) by striking subsection (f); and + (8) by redesignating subsection (g) as subsection (f). + SEC. 218. MODIFICATION OF AUTHORITY AND ADDITION OF TECHNOLOGY + AREAS FOR EXPEDITED ACCESS TO TECHNICAL TALENT. + (a) Modification of Authority.--Subsection (a)(1) of section 217 of +the National Defense Authorization Act for Fiscal Year 2018 (Public Law +115-91; 10 U.S.C. 2358 note) is amended by striking ``The Secretary of +Defense shall, acting through the secretaries of the military +departments, establish'' and inserting ``Not later than 180 days after +the date of the enactment of the National Defense Authorization Act for +Fiscal Year 2020, the Secretary of Defense shall direct the secretaries +of the military departments to establish''. + (b) Additional Technology Areas.--Subsection (e) of such section is +amended-- + (1) by redesignating paragraph (27) as paragraph (30); and + (2) by inserting after paragraph (26) the following new + paragraph (27): + ``(27) Rapid prototyping. + ``(28) Infrastructure resilience. + ``(29) Hypersonics.''. + SEC. 219. EXPANSION OF COORDINATION IN SUPPORT OF NATIONAL SECURITY + INNOVATION AND ENTREPRENEURIAL EDUCATION. + Section 225(e) of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 2359 note) is amended by adding +at the end the following new paragraph: + ``(18) The Lab-Embedded Entrepreneurship Programs of the + Department of Energy.''. + SEC. 220. MODIFICATION OF DEFENSE QUANTUM INFORMATION SCIENCE AND + TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. + Section 234 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is +amended-- + (1) in subsection (b)-- + (A) in paragraph (2), by striking ``private sector + entities'' and inserting ``private sector and international + entities''; and + (B) in paragraph (6), by striking ``facilities and + infrastructure'' and inserting ``facilities, workforce, and + infrastructure''; + (2) in subsection (c)-- + (A) in paragraph (2), by striking ``quantum sciences;'' and + inserting ``quantum information sciences, including through + consultation with-- + ``(A) the National Quantum Coordination Office; + ``(B) the subcommittee on Quantum Information Science of + the National Science and Technology Council; + ``(C) other organizations and elements of the Department of + Defense; + ``(D) other Federal agencies; and + ``(E) appropriate private sector organizations;''; + (B) by redesignating paragraphs (3) and (4) as paragraphs + (6) and (7), respectively; + (C) by inserting after paragraph (2), the following new + paragraphs: + ``(3) in consultation with the entities listed in paragraph + (2), develop plans for-- + ``(A) the development of the quantum information science + and technology workforce; + ``(B) enhancing awareness of quantum information science + and technology; + ``(C) reducing the risk of cybersecurity threats posed by + quantum information science technology; and + ``(D) development of ethical guidelines for the use of + quantum information science technology; + ``(4) in consultation with the National Institute of Standards + and Technology and other appropriate Federal entities, develop a + quantum information science taxonomy and standards and requirements + for quantum information technology; + ``(5) support efforts to increase the technology readiness + level of quantum information science technologies under development + in the United States;''; + (D) in paragraph (6), as so redesignated, by striking + ``quantum science'' and inserting ``quantum information + science''; and + (E) in paragraph (7), as so redesignated, by striking ``for + meeting the long-term challenges and achieving the specific + technical goals'' and inserting ``for carrying out the program + under subsection (a)''; + (3) by redesignating subsection (d) as subsection (e); + (4) by inserting afer subsection (c) the following new + subsection (d): + ``(d) Quantum Information Science Research Centers.--The Secretary +of each military department may establish or designate a defense +laboratory or establish activities to engage with appropriate public +and private sector organizations, including academic organizations, to +enhance and accelerate the research, development, and deployment of +quantum information sciences and quantum information science-enabled +technologies and systems. The Secretary of Defense shall ensure that +not less than one such laboratory or center is established or +designated.''; and + (5) in paragraph (2) of subsection (e), as so redesignated-- + (A) in subparagraph (A), by inserting ``information'' + before ``sciences''; + (B) in subparagraph (B), + (i) by inserting ``information'' before ``sciences''; + and + (ii) by inserting ``, including a discussion of likely + impacts of quantum information science and technology on + military capabilities'' before the period at the end; + (C) in subparagraph (C), by inserting ``information'' + before ``sciences''; + (D) by redesignating subparagraph (E) as subparagraph (F); + and + (E) by striking subparagraph (D) and inserting the + following new subparagraphs: + ``(D) A description of the activities carried out in + accordance with this section, including, for each such + activity-- + ``(i) a roadmap for the activity; + ``(ii) a summary of the funding provided for the + activity; and + ``(iii) an estimated timeline for the development and + military deployment of quantum technologies supported + through the activity. + ``(E) A description of the efforts of the Department of + Defense to update classification and cybersecurity practices + relating to quantum technology, including-- + ``(i) security processes and requirements for + engagement with allied countries; and + ``(ii) a plan for security-cleared government and + contractor workforce development.''. + SEC. 221. UNDERSTANDING OF INVESTMENTS IN ARTIFICIAL INTELLIGENCE + AND DEVELOPMENT OF CAPABILITIES BY ADVERSARIES. + Section 238(c)(2)(I) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232) is +amended-- + (1) in clause (i), by striking ``; and'' and inserting a + semicolon; + (2) in clause (ii), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new clause: + ``(iii) that appropriate entities in the Department are + reviewing all open source publications from both the United + States and outside the United States that contribute to, + affect, or advance-- + + ``(I) artificial intelligence research and + development; or + ``(II) the understanding of the Secretary + concerning the investments by adversaries of the United + States in artificial intelligence and the development + by such adversaries of capabilities relating to + artificial intelligence.''. + + SEC. 222. ADVISORY ROLE OF JASON SCIENTIFIC ADVISORY GROUP. + (a) Ongoing Engagement of Certain Scientific Advisory Personnel.-- + (1) In general.--The Secretary of Defense shall seek to engage + the members of the independent, private scientific advisory group + known as ``JASON'' as advisory personnel to provide advice, on an + ongoing basis, on matters involving science, technology, and + national security, including methods to defeat existential and + technologically-amplified threats to national security. + (2) Availability to other federal agencies.--At the request of + a Federal agency outside the Department of Defense, the Secretary + of Defense shall seek to make personnel engaged under paragraph (1) + available to such agency for the purpose of providing advice to the + agency on the matters described in such subsection. + (b) Arrangement for Conduct of National Security Studies and +Analysis.-- + (1) In general.--Pursuant to subsection (a), the Secretary of + Defense, acting through the Under Secretary of Defense for + Acquisition and Sustainment, shall seek to enter into an + arrangement under which JASON may provide national security + research studies and other analyses to the Department of Defense + and other Federal agencies to meet mission requirements and agency + needs. + (2) Form of arrangement.--The arrangement entered into under + paragraph (1) shall be in a form the Under Secretary of Defense for + Acquisition and Sustainment determines to be appropriate for the + Department of Defense, which may include a contract, a grant, a + cooperative agreement, the use of other transaction authority under + section 2371 of title 10, United States Code, or another such + arrangement. + (3) Timing of arrangement.--The Secretary of Defense shall seek + to enter into the arrangement under paragraph (1) not later than + 120 days after the date of the enactment of this Act. + (4) Terms of arrangement.--The arrangement entered into under + paragraph (1) shall-- + (A) if specifically negotiated as part of the arrangement, + provide for the Department of Defense to reimburse the entity + supporting JASON for all or a portion of the overhead costs + incurred in support of the arrangement; + (B) allow Federal Government entities outside the + Department of Defense with responsibilities relating to + national security to seek to engage JASON to perform individual + studies relating to national security matters as part of the + arrangement; and + (C) require that a Federal agency that engages JASON to + perform a study under the arrangement will fully fund such + study, including a proportional percentage to the total + overhead costs incurred under the arrangement. + (5) Limitation on termination.-- + (A) In general.--The Secretary of Defense may not terminate + the arrangement under paragraph (1) until a period of 180 days + has elapsed following the date on which the Secretary-- + (i) notifies the congressional defense committees of + the intent of the Secretary to terminate the arrangement; + and + (ii) submits the report required under subparagraph + (B). + (B) Report required.-- + (i) In general.--If the Secretary of Defense determines + that the arrangement under paragraph (1) should be + terminated, the Secretary shall submit to the congressional + defense committees a report on the proposed termination of + the arrangement. + (ii) Elements.--The report required under clause (i) + shall include the following: + + (I) A summary of the execution of research projects + conducted by JASON over the four fiscal years preceding + the date of the report, including the projects + requested by the Department of Defense and the projects + requested by other Federal agencies. + (II) An analysis of the costs to the Department of + Defense of maintaining the arrangement under which + JASON provided national security research studies, + including any overhead costs incurred by the Department + or shared among Federal agencies over the four fiscal + years preceding the date of the report. + (III) A timeline for the potential transition or + termination of the activities, functions, and expertise + provided by JASON under the arrangement. + (IV) An assessment of the impact that the + termination of the arrangement with JASON will have on + defense research studies and analytical capabilities, + including a mitigation plan that identifies where + alternative and comparable scientific advice and + expertise is available and a comparison of the costs + associated with each alternative. + + (iii) Form of report.--The report required under clause + (i) may be submitted in unclassified or classified form. + (6) Annual summary report.--Not later than March 1 of each year + beginning after the date of the enactment of this Act, the + Secretary of Defense shall submit to the congressional defense + committees a report that includes-- + (A) a summary of expenditures made under the arrangement + with JASON under paragraph (1); and + (B) a summary of the studies and other activities carried + out by JASON pursuant to such arrangement in the preceding + calendar year. + SEC. 223. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL TECHNOLOGY + PROGRAM. + (a) Program Required.-- + (1) In general.--The Secretary of Defense, in coordination with + the Secretary of Homeland Security, the Secretary of Energy, and + the heads of such other Federal agencies as the Secretary of + Defense considers appropriate, shall carry out a program on + research, development, testing, evaluation, study, and + demonstration of technologies related to blue carbon capture and + direct air capture. + (2) Program goals.--The goals of the program established under + paragraph (1) are as follows: + (A) To develop technologies that capture carbon dioxide + from seawater and the air to turn such carbon dioxide into + clean fuels to enhance fuel and energy security. + (B) To develop and demonstrate technologies that capture + carbon dioxide from seawater and the air to reuse such carbon + dioxide to create products for military uses. + (C) To develop direct air capture technologies for use-- + (i) at military installations or facilities of the + Department of Defense; or + (ii) in modes of transportation by the Navy or the + Coast Guard. + (3) Phases.--The program established under paragraph (1) shall + be carried out in two phases as follows: + (A) The first phase shall consist of research and + development and shall be carried out as described in subsection + (b). + (B) The second phase shall consist of testing and + evaluation and shall be carried out as described in subsection + (c), if the Secretary determines that the results of the + research and development phase justify implementing the testing + and evaluation phase. + (4) Designation.--The program established under paragraph (1) + shall be known as the ``Direct Air Capture and Blue Carbon Removal + Technology Program'' (in this section referred to as the + ``Program''). + (b) Research and Development Phase.-- + (1) In general.--During the research and development phase of + the Program, the Secretary of Defense shall conduct research and + development in pursuit of the goals set forth in subsection (a)(2). + (2) Direct air capture.--The research and development phase of + the Program may include, with respect to direct air capture, a + front end engineering and design study that includes an evaluation + of direct air capture designs to produce fuel for use-- + (A) at military installations or facilities of the + Department of Defense; or + (B) in modes of transportation by the Navy or the Coast + Guard. + (3) Commencement.--The Secretary shall commence carrying out + the research and development phase of the Program not later than 90 + days after the date of the enactment of this Act. + (4) Grants authorized.--The Secretary may carry out the + research and development phase of the Program through the award of + grants to private persons and eligible laboratories. + (5) Report required.--Not later than 180 days after the date of + the completion of the research and development phase of the + Program, the Secretary shall submit to Congress a report on the + research and development carried out under the Program. + (c) Testing and Evaluation Phase.-- + (1) In general.--During the testing and evaluation phase of the + Program, the Secretary shall, in pursuit of the goals set forth in + subsection (a)(2), conduct tests and evaluations of the + technologies researched and developed during the research and + development phase of the Program. + (2) Direct air capture.--The testing and evaluation phase of + the Program may include demonstration projects for direct air + capture to produce fuels for use-- + (A) at military installations or facilities of the + Department of Defense; or + (B) in modes of transportation by the Navy or the Coast + Guard. + (3) Commencement.--Subject to subsection (a)(3)(B), the + Secretary shall commence carrying out the testing and evaluation + phase of the Program on the date of the completion of the research + and development phase described in subsection (b), except that the + testing and evaluation phase of the Program with respect to direct + air capture may commence at such time after a front end engineering + and design study demonstrates to the Secretary that commencement of + such phase is appropriate. + (4) Grants authorized.--The Secretary may carry out the testing + and evaluation phase of the Program through the award of grants to + private persons and eligible laboratories. + (5) Locations.--The Secretary shall carry out the testing and + evaluation phase of the Program at military installations or + facilities of the Department of Defense. + (6) Report required.--Not later than September 30, 2026, the + Secretary shall submit to Congress a report on the findings of the + Secretary with respect to the effectiveness of the technologies + tested and evaluated under the Program. + (d) Definitions.--In this section: + (1) The term ``blue carbon capture'' means the removal of + dissolved carbon dioxide from seawater through engineered or + inorganic processes, including filters, membranes, or phase change + systems. + (2)(A) 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. + (B) The term ``direct air capture'' does not include any + facility, technology, or system that captures carbon dioxide-- + (i) that is deliberately released from a naturally + occurring subsurface spring; or + (ii) using natural photosynthesis. + (3) The term ``eligible laboratory'' means-- + (A) a National Laboratory (as defined in section 2 of the + Energy Policy Act of 2005 (42 U.S.C. 15801)); + (B) a science and technology reinvention laboratory + designated under section 1105 of the National Defense + Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 + U.S.C. 2358 note); + (C) the Major Range and Test Facility Base (as defined in + section 2358a(f) of title 10, United States Code); or + (D) any other facility that supports the research, + development, test, and evaluation activities of the Department + of Defense or the Department of Energy. + SEC. 224. REQUIRING DEFENSE MICROELECTRONICS PRODUCTS AND SERVICES + MEET TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY STANDARDS. + (a) Purchases.--To protect the United States from intellectual +property theft and to ensure national security and public safety in the +application of new generations of wireless network technology and +microelectronics, beginning no later than January 1, 2023, the +Secretary of Defense shall ensure that each microelectronics product or +service that the Department of Defense purchases on or after such date +meets the applicable trusted supply chain and operational security +standards established pursuant to subsection (b), except in a case in +which the Department seeks to purchase a microelectronics product or +service but-- + (1) no such product or service is available for purchase that + meets such standards; or + (2) no such product or service is available for purchase that-- + (A) meets such standards; and + (B) is available at a price that the Secretary does not + consider prohibitively expensive. + (b) Trusted Supply Chain and Operational Security Standards.-- + (1) Standards required.--(A) Not later than January 1, 2021, + the Secretary shall establish trusted supply chain and operational + security standards for the purchase of microelectronics products + and services by the Department. + (B) For purposes of this section, a trusted supply chain and + operational security standard-- + (i) is a standard that systematizes best practices relevant + to-- + (I) manufacturing location; + (II) company ownership; + (III) workforce composition; + (IV) access during manufacturing, suppliers' design, + sourcing, manufacturing, packaging, and distribution + processes; + (V) reliability of the supply chain; and + (VI) other matters germane to supply chain and + operational security; and + (ii) is not a military standard (also known as ``MIL-STD'') + or a military specification (also known as ``MIL-SPEC'') for + microelectronics that-- + (I) specifies individual features for Department of + Defense microelectronics; or + (II) otherwise inhibits the acquisition by the + Department of securely manufactured, commercially-available + products. + (2) Consultation required.--In developing standards under + paragraph (1), the Secretary shall consult with the following: + (A) The Secretary of Homeland Security, the Secretary of + State, the Secretary of Commerce, and the Director of the + National Institute of Standards and Technology. + (B) Suppliers of microelectronics products and services + from the United States and allies and partners of the United + States. + (C) Representatives of major United States industry sectors + that rely on a trusted supply chain and the operational + security of microelectronics products and services. + (D) Representatives of the United States insurance + industry. + (3) Tiers of trust and levels of security authorized.--In + carrying out paragraph (1), the Secretary may establish tiers and + levels of trust and security within the supply chain and + operational security standards for microelectronics products and + services. + (4) General applicability.--The standards established pursuant + to paragraph (1) shall be, to the greatest extent practicable, + generally applicable to the trusted supply chain and operational + security needs and use cases of the United States Government and + commercial industry, such that the standards could be widely + adopted by government agencies, commercial industry, and allies and + partners of the United States as the basis for procuring + microelectronics products and services. + (5) Annual review.--Not later than October 1 of each year, the + Secretary shall, in consultation with persons and entities set + forth under paragraph (2), review the standards established + pursuant to paragraph (1) and issue updates or modifications as the + Secretary considers necessary or appropriate. + (c) Ensuring Ability to Sell Commercially.-- + (1) In general.--The Secretary shall, to the greatest extent + practicable, ensure that suppliers of microelectronics products and + services for the Department of Defense subject to subsection (a) + are able and incentivized to sell products commercially and to + governments of allies and partners of the United States that are + produced on the same production lines as the microelectronics + products supplied to the Department of Defense. + (2) Effect of requirements and acquisitions.--The Secretary + shall, to the greatest extent practicable, ensure that the + requirements of the Department and the acquisition by the + Department of microelectronics enable the success of a dual-use + microelectronics industry. + (d) Maintaining Competition and Innovation.--The Secretary shall +take such actions as the Secretary considers necessary and appropriate, +within the Secretary's authorized activities to maintain the health of +the defense industrial base, to ensure that-- + (1) providers of microelectronics products and services that + meet the standards established under subsection (b) are exposed to + competitive market pressures to achieve competitive pricing and + sustained innovation; and + (2) the industrial base of microelectronics products and + services that meet the standards established under subsection (b) + includes providers manufacturing in the United States or in + countries that are allies or partners of the United States. + SEC. 225. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE SECURE, + LOW PROBABILITY OF DETECTION DATA LINK NETWORK CAPABILITY. (a) Strategy Required.--Not later than March 1, 2020, the Chief of -Staff of the Air Force and Chief of Naval Operations shall jointly -submit to the congressional defense committees a joint development and -acquisition strategy to procure a secure, low probability of detection -data link network capability, with the ability to effectively operate -in hostile jamming environments while preserving the low observability -characteristics of the relevant platforms, including both existing and -planned platforms. +Staff of the Air Force, the Chief of Naval Operations, and the Chief of +Staff of the Army shall jointly submit to the congressional defense +committees a joint development and acquisition strategy to procure a +secure, low probability of detection data link network capability, with +the ability to effectively operate in hostile jamming environments +while preserving the low observability characteristics of the relevant +platforms, including both existing and planned platforms. (b) Network Characteristics.--The data link network capability to be procured pursuant to the development and acquisition strategy submitted under subsection (a) shall-- - (1) ensure that any network made with such capability will - be low risk and affordable, with minimal impact or change to - existing host platforms and minimal overall integration costs; - (2) use a non-proprietary and open systems approach - compatible with the Rapid Capabilities Office Open Mission - Systems initiative of the Air Force and the Future Airborne - Capability Environment initiative of the Navy; and - (3) provide for an architecture to connect, with - operationally relevant throughput and latency-- - (A) fifth-generation combat aircraft; - (B) fifth-generation and fourth-generation combat - aircraft; - (C) fifth-generation and fourth-generation combat - aircraft and appropriate support aircraft and other - network nodes for command, control, communications, - intelligence, surveillance, and reconnaissance - purposes; and - (D) fifth-generation and fourth-generation combat - aircraft and their associated network-enabled precision - weapons. + (1) ensure that any network made with such capability will be + low risk and affordable, with minimal impact or change to existing + host platforms and minimal overall integration costs; + (2) use a non-proprietary and open systems approach compatible + with the Rapid Capabilities Office Open Mission Systems initiative + of the Air Force, the Future Airborne Capability Environment + initiative of the Navy, and the Modular Open Systems Architecture + initiative of the Army; and + (3) provide for an architecture to connect, with operationally + relevant throughput and latency-- + (A) fifth-generation combat aircraft; + (B) fifth-generation and fourth-generation combat aircraft; + (C) fifth-generation and fourth-generation combat aircraft + and appropriate support aircraft and other network nodes for + command, control, communications, intelligence, surveillance, + and reconnaissance purposes; and + (D) fifth-generation and fourth-generation combat aircraft + and their associated network-enabled precision weapons. (c) Limitation.--Of the funds authorized to be appropriated by this -Act or otherwise made available for fiscal year 2020 for operation and -maintenance for the Office of the Secretary of the Air Force and for -operations and maintenance for the Office of the Secretary of the Navy, -not more than 50 percent may be obligated or expended until the date -that is 15 days after the date on which the Chief of Staff of the Air -Force and Chief of Naval Operations submit the development and -acquisition strategy required by subsection (a). - -SEC. 212. ESTABLISHMENT OF SECURE NEXT-GENERATION WIRELESS NETWORK (5G) - INFRASTRUCTURE FOR THE NEVADA TEST AND TRAINING RANGE AND - BASE INFRASTRUCTURE. - +Act for fiscal year 2020 for operation and maintenance for the Office +of the Secretary of the Air Force, for operation and maintenance for +the Office of the Secretary of the Navy, and for operations and +maintenance for the Office of the Secretary of the Army, not more than +50 percent may be obligated or expended until the date that is 15 days +after the date on which the Chief of Staff of the Air Force, the Chief +of Naval Operations, and the Chief of Staff of the Army, respectively, +submit the development and acquisition strategy required by subsection +(a). + SEC. 226. ESTABLISHMENT OF SECURE NEXT-GENERATION WIRELESS NETWORK + (5G) INFRASTRUCTURE FOR THE NEVADA TEST AND TRAINING RANGE AND + BASE INFRASTRUCTURE. (a) Establishment Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish secure fifth-generation wireless network components and capabilities at no fewer than two Department of Defense installations in accordance with this section. - (b) First Installation.-- - (1) Location.--The Secretary shall establish components and - capabilities under subsection (a) at the Nevada Test and - Training Range, which shall serve as the Department's Major - Range and Test Facility Base (MRTFB) for fifth-generation - wireless networking. - (2) Objective.--The Secretary shall ensure that the - establishment of components and capabilities under subsection - (a) at the range described in paragraph (1) of this subsection - will allow the Department to explore and demonstrate the - utility of using fifth-generation wireless networking - technology to enhance combat operations. - (3) Purpose.--The purpose of the establishment of - components and capabilities under subsection (a) at the range - described in paragraph (1) of this subsection is to demonstrate - the following: - (A) The potential military utility of high - bandwidth, scalable, and low latency fifth-generation - wireless networking technology. - (B) Advanced security technology that is applicable - to fifth-generation networks as well as legacy - Department command and control networks. - (C) Secure interoperability with fixed and wireless - systems (legacy and future systems). - (D) Enhancements such as spectrum and waveform - diversity, frequency hopping and spreading, and beam - forming for military requirements. - (E) Technology for dynamic network slicing for - specific use cases and applications requiring varying - levels of latency, scale, and throughput. - (F) Technology for dynamic spectrum sharing and - network isolation. - (c) Second and Additional Installations.-- - (1) Location.--The location of the second and any - additional installations for establishment of components and - capabilities under subsection (a) shall be at such Department - installation or installations as the Secretary considers - appropriate for the purpose set forth in paragraph (2) of this - subsection. - (2) Purposes.--The purpose of the second and any additional - installations for establishment of components and capabilities - under subsection (a) is to explore and demonstrate - infrastructure implementations of the following: - (A) Base infrastructure installation of high - bandwidth, scalable, and low latency fifth-generation - wireless networking technology. - (B) Applications for secure fifth-generation - wireless network capabilities for the Department, such - as the following: - (i) Interactive augmented reality or - synthetic training environments. - (ii) Internet of things devices. - (iii) Autonomous systems. - (iv) Advanced manufacturing through the - following: - (I) Department-sponsored centers - for manufacturing innovation (as - defined in section 34(c) of the - National Institute of Standards and - Technology Act (15 U.S.C. 278s(c))). - (II) Department research and - development organizations. - (III) Manufacturers in the defense - industrial base of the United States. - -SEC. 213. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION CAPABILITY - INCREMENT 2 ENDURING CAPABILITY. - - (a) Limitation and Report.--None of the funds authorized to be -appropriated by this Act or otherwise made available for fiscal year -2020 for the Army may be obligated or expended for research, -development, test, and evaluation for the Indirect Fire Protection -Capability Increment 2 enduring capability until the Secretary of the -Army submits to the congressional defense committees a report on the -Indirect Fire Protection Capability Increment 2 program that contains -the following: - (1) An assessment of whether the requirements previously - established for the program meet the anticipated threat at the - time of planned initial operating capability and fully - operating capability. - (2) A list of candidate systems considered to meet the - Indirect Fire Protection Capability Increment 2 requirement, - including those fielded or in development by the Army, the - Missile Defense Agency, and other elements of the Department of - Defense. - (3) An assessment of each candidate system's capability - against representative threats. - (4) An assessment of other relevant specifications of each - candidate system, including cost of development, cost per round - if applicable, technological maturity, and logistics and - sustainment. - (5) A plan for how the Army will integrate the chosen - system or systems into the Integrated Air and Missile Defense - Battle Command System. - (b) Certification Required.--Not later than 10 days after the date -on which the President submits the annual budget request of the -President for fiscal year 2021 pursuant to section 1105 of title 31, -United States Code, the Secretary of the Army shall, without -delegation, submit to the congressional defense committees a -certification that identifies a program of record contained within that -budget request that will meet the requirement in Department of Defense -Directive 5100.01 to conduct air and missile defense to support joint -campaigns as it applies to defense against supersonic cruise missiles. - -SEC. 214. ELECTROMAGNETIC SPECTRUM SHARING RESEARCH AND DEVELOPMENT - PROGRAM. - - (a) Program Establishment.--The Secretary of Defense, in -consultation with the Administrator of the National Telecommunications -and Information Administration, and the Federal Communications -Commission shall jointly establish an electromagnetic spectrum sharing -research and development program to promote the establishment of -innovative technologies and techniques to facilitate electromagnetic -spectrum sharing between fifth-generation wireless networking -technologies, Federal systems, and other non-Federal incumbent systems. - (b) Establishment of Test Beds.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary, in coordination with - the Administrator and the Commission, shall, as part of the - program established under subsection (a), establish at least - two test beds to demonstrate the potential for cohabitation - between fifth-generation wireless networking technologies, - other incumbent non-Federal systems, and Federal systems. - (2) Co-location of test beds.--The test beds established - under paragraph (1) may be co-located, if a single geographic - location can provide a sufficient diversity of Federal systems. - If not, test beds established under this subsection shall - coordinate to share results and best practices identified in - each location. - (c) Development of Department of Defense Integrated Spectrum -Automation Enterprise Strategy.-- - (1) In general.--Not later than May 1, 2020, the Secretary - and the Administrator of the National Telecommunications and - Information Administration, in consultation with the Federal - Communications Commission, shall jointly propose an integrated - spectrum automation enterprise strategy for the Department of - Defense to address management of electromagnetic spectrum, - including both Federal and non-Federal spectrum that is shared - by the Department of Defense or could be used for national - security missions in the future, including on a shared basis. - (2) Matters encompassed.--The strategy developed under - subparagraph (A) shall encompass cloud-based databases, - artificial intelligence, system certification processes, public - facing application programming interfaces and online tools, and - electromagnetic spectrum compatibility analyses for sharing of - electromagnetic spectrum. - (d) Periodic Briefings.--Not later than 180 days after the date of -the enactment of this Act and not less frequently than once every 180 -days thereafter until the Secretary submits the report required by -subsection (e), the Secretary, in consultation with the Administrator -and the Commission, shall brief the appropriate committees of Congress -on the progress of the test beds established under subsection (b). - (e) Report.-- - (1) In general.--Not later than October 1, 2022, the - Secretary, in consultation with the Administrator and the - Commission, shall submit to the appropriate committees of - Congress a report on the results of the test beds established - under subsection (b). - (2) Recommendations.--The report submitted under paragraph - (1) shall include recommendations to facilitate sharing - frameworks in the bands of electromagnetic spectrum that are - the subject of the test beds. - (f) Appropriate Committees of Congress.--In this subsection, the -term ``appropriate committees of Congress'' means-- - (1) the Committee on Armed Services and the Committee on - Commerce, Science, and Transportation of the Senate; and - (2) the Committee on Armed Services and the Committee on - Energy and Commerce of the House of Representatives. - -SEC. 215. SENSE OF THE SENATE ON THE ADVANCED BATTLE MANAGEMENT SYSTEM. - - It is the sense of the Senate that-- - (1) the Senate supports the vision of the Air Force for the - Advanced Battle Management System (ABMS) as a system of systems - that can integrate air, space, and other systems to detect, - track, target, and direct effects against threats in all - domains; - (2) such a capability will be essential to the ability of - the Air Force to operate effectively as part, and in support, - of the Joint Force, especially in the highly-contested - operating environments established by near-peer competitors; - (3) the Senate is concerned that the Air Force has not - moved quickly enough over the past year to begin defining the - requirements and maturing the technologies that will be - essential for the Advanced Battle Management System, especially - in light of the pending retirement of the Joint Surveillance - and Target Attack Radar System (JSTARS) aircraft that the - Advanced Battle Management System is conceived, in part, to - replace; - (4) the Senate understands that the Air Force is moving - deliberately to analyze alternative concepts for the Advanced - Battle Management System and adopt an architectural approach to - its design; - (5) the Advanced Battle Management System, as a multidomain - system of systems, must have a central command and control - capability that can integrate these systems into a unified - warfighting capability; - (6) emerging technologies, such as artificial intelligence - and automated sensor fusion, should be built into the command - and control capability for the Advanced Battle Management - System from the start; - (7) such technologies would improve the ability of the - Advanced Battle Management System to support human operators - with-- - (A) the rapid processing and fusion of multidomain - sensor data; - (B) the highly-automated identification, - classification, tracking, and targeting of threats in - all domains; - (C) the creation of a real-time common operating - picture from multidomain intelligence; and the ability - to direct effects on the battlefield at machine-to- - machine speeds from all of the systems comprising the - Advanced Battle Management System; and - (8) for an effort as ambitious and complex as the Advanced - Battle Management System, the Senate encourages the Air Force - to use existing acquisition authorities to begin a rapid - prototyping effort to refine the requirements and software- - intensive technologies that will be integral to the command and - control capability of the Advanced Battle Management System. - -SEC. 216. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZATION PROGRAM. - - (a) Making the Program Permanent.-- - (1) In general.--Section 1603 of the National Defense - Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 - U.S.C. 2359 note) is amended by striking subsection (g). - (2) Conforming amendments.--Such section is further - amended-- - (A) in the section heading, by striking ``pilot''; - (B) in subsection (a)-- - (i) by striking ``Pilot''; and - (ii) by striking ``Pilot''; and - (C) by striking ``pilot'' each place it appears. - (b) Additional Improvements.--Such section, as amended by -subsection (a), is further amended-- - (1) in the section heading, by inserting ``of dual-use - technology'' after ``commercialization''; - (2) in subsection (a)-- - (A) by inserting ``of Dual-Use Technology'' before - ``Program''; and - (B) by inserting ``with a focus on priority defense - technology areas that attract public and private sector - funding, as well as private sector investment capital, - including from venture capital firms in the United - States,'' before ``in accordance''; - (3) in subsection (c)(4)(A)(iv), by inserting ``, which may - include access to venture capital'' after ``award''; - (4) by striking subsection (d); - (5) by redesignating subsection (e) as subsection (d); - (6) by striking subsection (f); and - (7) by adding at the end the following new subsection (e): - ``(e) Authorities.--In carrying out this section, the Secretary may -use the following authorities: - ``(1) Section 1599g of title 10 of the United States Code, - relating to public-private talent exchanges. - ``(2) Section 2368 of such title, relating to Centers for - Science, Technology, and Engineering Partnerships. - ``(3) Section 2374a of such title, relating to prizes for - advanced technology achievements. - ``(4) Section 2474 of such title, relating to Centers of - Industrial and Technical Excellence. - ``(5) Section 2521 of such title, relating to the - Manufacturing Technology Program. - ``(6) Section 225 of the National Defense Authorization Act - for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2359 note). - ``(7) Section 1711 of such Act (Public Law 115-91; 10 - U.S.C. 2505 note), relating to a pilot program on strengthening - manufacturing in the defense industrial base. - ``(8) Section 12 of the Stevenson-Wydler Technology - Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of - title 31, United States Code, relating to cooperative research - and development agreements.''. - -SEC. 217. MODIFICATION OF DEFENSE QUANTUM INFORMATION SCIENCE AND - TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. - - Section 234 of the John S. McCain National Defense Authorization -Act for Fiscal Year 2019 (Public Law 115-232) is amended-- - (1) in subsection (b)-- - (A) in paragraph (2)-- - (i) by inserting ``and international'' - after ``interagency''; and - (ii) by striking ``private sector'' - inserting ``private-sector and international''; - and - (B) in paragraph (6), by inserting ``, workforce,'' - after ``including facilities''; - (2) in subsection (c)-- - (A) in paragraph (2), by striking ``sciences;'' and - inserting the following: ``sciences, including through - coordination with-- - ``(A) the National Quantum Coordination Office; - ``(B) the National Science and Technology Council - Quantum Information Science Subcommittee; - ``(C) other Federal agencies; - ``(D) other elements and offices of the Department - of Defense; and - ``(E) appropriate private-sector organizations;''; - (B) in paragraph (3), by striking ``and'' at the - end; - (C) by redesignating paragraph (4) as paragraph - (5); and - (D) by inserting after paragraph (3) the following - new paragraph (4): - ``(4) develop, in coordination with appropriate Federal - entities, a taxonomy for quantum science activities and - requirements for relevant technology and standards; and''; and - (3) in subsection (d)(2)(D), by inserting ``a roadmap and'' - after ``including''. - -SEC. 218. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP. + (b) Installations.-- + (1) Locations.--The Secretary shall establish components and + capabilities under subsection (a) at the following: + (A) The Nevada Test and Training Range, which shall serve + as a Major Range and Test Facility Base (MRTFB) for fifth- + generation wireless networking. + (B) Such Department installations or other installations as + the Secretary considers appropriate for the purpose set forth + in paragraph (2). + (2) Purpose.--The purpose of the establishment of components + and capabilities under subsection (a) at the locations described in + paragraph (1) of this subsection is to demonstrate the following: + (A) The potential military utility of high bandwidth, + scalable, and low latency fifth-generation wireless networking + technology. + (B) Advanced security technology that is applicable to + fifth-generation networks as well as legacy Department command + and control networks. + (C) Secure interoperability with fixed and wireless systems + (legacy and future systems). + (D) Enhancements such as spectrum and waveform diversity, + frequency hopping and spreading, and beam forming for military + requirements. + (E) Technology for dynamic network slicing for specific use + cases and applications requiring varying levels of latency, + scale, and throughput. + (F) Technology for dynamic spectrum sharing and network + isolation. + (G) Base infrastructure installation of high bandwidth, + scalable, and low latency fifth-generation wireless networking + technology. + (H) Applications for secure fifth-generation wireless + network capabilities for the Department, such as the following: + (i) Interactive augmented reality or synthetic training + environments. + (ii) Internet of things devices. + (iii) Autonomous systems. + (iv) Advanced manufacturing through the following: + + (I) Department-sponsored centers for manufacturing + innovation (as defined in section 34(c) of the National + Institute of Standards and Technology Act (15 U.S.C. + 278s(c))). + (II) Department research and development + organizations. + (III) Manufacturers in the defense industrial base + of the United States. + SEC. 227. ADMINISTRATION OF MANUFACTURING INNOVATION INSTITUTES + FUNDED BY THE DEPARTMENT OF DEFENSE. + (a) In General.--The Secretary of Defense shall make such changes +to the administration of covered institutes so as-- + (1) to encourage covered institutes to leverage existing + workforce development programs across the Federal Government and + State governments in order to build successful workforce + development programs; + (2) to develop metrics to evaluate the workforce development + performed by the covered institutes, including metrics on job + quality, career pathways, wages and benefits, and efforts to + support veterans, and progress in aligning workforce skillsets with + the current and long-term needs of the Department of Defense and + the defense industrial base; + (3) to allow metrics to vary between covered institutes and be + updated and evaluated continuously in order to more accurately + evaluate covered institutes with different goals and missions; + (4) to encourage covered institutes to consider developing + technologies that were previously funded by Federal Government + investment for early-stage research and development and expand + cross-government coordination and collaboration to achieve this + goal; + (5) to provide an opportunity for increased Department of + Defense input and oversight from senior-level military and civilian + personnel on future technology roadmaps produced by covered + institutes; + (6) to reduce the barriers to collaboration between and among + multiple covered institutes; + (7) to use contracting vehicles that can increase flexibility, + reduce barriers for contracting with subject-matter experts and + small and medium enterprises, enhance partnerships between covered + institutes, and reduce the time to award contracts at covered + institutes; and + (8) to overcome barriers to the adoption of manufacturing + processes and technologies developed by the covered institutes by + the defense and commercial industrial base, particularly small and + medium enterprises, by engaging with public and private sector + partnerships and appropriate government programs and activities, + including the Hollings Manufacturing Extension Partnership. + (b) Coordination With Other Activities.--The Secretary shall carry +out this section in coordination with activities undertaken under-- + (1) the Manufacturing Technology Program established under + section 2521 of title 10, United States Code; + (2) the Manufacturing Engineering Education Program established + under section 2196 of such title; + (3) the Defense Manufacturing Community Support Program + established under section 846 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232); + (4) manufacturing initiatives of the Secretary of Commerce, the + head of the National Office of the Manufacturing USA Network, the + Secretary of Energy, and such other government and private sector + organizations as the Secretary of Defense considers appropriate; + and + (5) such other activities as the Secretary considers + appropriate. + (c) Definition of Covered Institute.--In this section, the term +``covered institute'' means a manufacturing innovation institute that +is funded by the Department of Defense. + SEC. 228. RESEARCH PROGRAM ON FOREIGN MALIGN INFLUENCE OPERATIONS. + (a) Program Authorized.--The Secretary of Defense, acting through +the Under Secretary of Defense for Research and Engineering, may carry +out a research program on foreign malign influence operations as part +of the university research programs of the Department of Defense. + (b) Program Objectives.--The objectives of a research program +carried out under subsection (a) should include the following: + (1) Enhance the understanding of foreign malign influence + operations, including activities conducted on social media + platforms. + (2) Facilitate the analysis of publicly available or + voluntarily provided indicators of foreign malign influence + operations. + (3) Promote collaborative research and information exchange + with relevant entities within the Department of Defense and with + other agencies or nongovernmental organizations relating to foreign + malign influence operations, as appropriate. + (c) Notice to Congress.--Not later than 30 days before initiating a +research program under subsection (a), the Secretary of Defense shall +submit to the congressional defense committees notice of the intent of +the Secretary to initiate such a program, which shall include-- + (1) a detailed description of the program and any related + research activities; + (2) the estimated cost and duration of the program; and + (3) any other matters the Secretary determines to be relevant. + SEC. 229. DIVERSIFICATION OF THE RESEARCH AND ENGINEERING WORKFORCE + OF THE DEPARTMENT OF DEFENSE. + (a) Assessment Required.-- + (1) In general.--The Secretary of Defense, acting through the + Under Secretary of Defense for Research and Engineering and in + consultation with the Under Secretary of Defense for Personnel and + Readiness, shall conduct an assessment of critical skillsets + required across, and the diversity of, the research and engineering + workforce of the Department of Defense, including the science and + technology reinvention laboratories, to support emerging and future + warfighter technologies. + (2) Elements.--The assessment required by paragraph (1) shall + include analysis of the following: + (A) The percentage of women and minorities employed in the + research and engineering workforce of the Department of Defense + as of the date of the assessment. + (B) Of the individuals hired into the research and + engineering workforce of the Department in the five years + preceding the date of the assessment, the percentage of such + individuals who are women and minorities. + (C) The effectiveness of existing hiring, recruitment, and + retention incentives for women and minorities in the research + and engineering workforce of the Department. + (D) The effectiveness of the Department in recruiting women + and minorities into the laboratory workforce after such + individuals complete work on Department-funded research, + projects, grant projects, fellowships, and STEM programs. + (E) The geographical diversity of the workforce across + various geographic regions. + (b) Plan Required.-- + (1) In general.--Based on the results of the assessment + conducted under subsection (a), the Secretary of Defense, acting + through the Under Secretary of Defense for Research and Engineering + and in consultation with the Secretaries of the military + departments, shall develop and implement a plan to diversify and + strengthen the research and engineering workforce of the Department + of Defense. + (2) Elements.--The plan required by paragraph (1) shall-- + (A) align with science and technology strategy priorities + of the Department of Defense, including the emerging and future + warfighter technology requirements identified by the + Department; + (B) except as provided in subsection (c)(2), set forth + steps for the implementation of each recommendation included in + the 2013 report of the RAND corporation titled ``First Steps + Toward Improving DoD STEM Workforce Diversity''; + (C) harness the full range of the Department's STEM + programs and other Department sponsored programs to develop and + attract top talent; + (D) use existing authorities to attract and retain + students, academics, and other talent; + (E) establish and use contracts, agreements, or other + arrangements with institutions of higher education (as defined + in section 101 of the Higher Education Act of 1965 (20 U.S.C. + 1001)), including historically black colleges and universities + and other minority-serving institutions (as described in + section 371(a) of such Act (20 U.S.C. 1067q(a)) to enable easy + and efficient access to research and researchers for Government + sponsored basic and applied research and studies at each + institution, including contracts, agreements, and other + authorized arrangements such as those authorized under-- + (i) section 217 of the National Defense Authorization + Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2358 + note); and + (ii) such other authorities as the Secretary determines + to be appropriate; and + (F) include recommendations for changes in authorities, + regulations, policies, or any other relevant areas that would + support the achievement of the goals set forth in the plan. + (3) Submittal to congress.--Not later than one year after the + date of the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a report that + includes-- + (A) the plan developed under paragraph (1); and + (B) with respect to each recommendation described in + paragraph (2)(B) that the Secretary has implemented or expects + to implement-- + (i) a summary of actions that have been taken to + implement the recommendation; and + (ii) a schedule, with specific milestones, for + completing the implementation of the recommendation. + (c) Deadline for Implementation.-- + (1) In general.--Except as provided in paragraph (2), not later + than 18 months after the date of the enactment of this Act the + Secretary of Defense shall carry out activities to implement the + plan developed under subsection (b). + (2) Exception for implementation of certain recommendations.-- + (A) Delayed implementation.--The Secretary of Defense may + commence implementation of a recommendation described in + subsection (b)(2)(B) after the date specified in paragraph (1) + if the Secretary provides the congressional defense committees + with a specific justification for the delay in implementation + of such recommendation on or before such date. + (B) Nonimplementation.--The Secretary of Defense may opt + not to implement a recommendation described in subsection + (b)(2)(B) if the Secretary provides to the congressional + defense committees, on or before the date specified in + paragraph (1)-- + (i) a specific justification for the decision not to + implement the recommendation; and + (ii) a summary of the alternative actions the Secretary + plans to take to address the issues underlying the + recommendation. + (d) STEM Defined.--In this section, the term ``STEM'' means +science, technology, engineering, and mathematics. + SEC. 230. POLICY ON THE TALENT MANAGEMENT OF DIGITAL EXPERTISE AND + SOFTWARE PROFESSIONALS. + (a) Policy.-- + (1) In general.--It shall be a policy of the Department of + Defense to promote and maintain digital expertise and software + development as core competencies of civilian and military + workforces of the Department, and as a capability to support the + National Defense Strategy, which policy shall be achieved by-- + (A) the recruitment, development, and incentivization of + retention in and to the civilian and military workforce of the + Department of individuals with aptitude, experience, proficient + expertise, or a combination thereof in digital expertise and + software development; + (B) at the discretion of the Secretaries of the military + departments, the development and maintenance of civilian and + military career tracks related to digital expertise, and + related digital competencies for members of the Armed Forces, + including the development and maintenance of training, + education, talent management, incentives, and promotion + policies in support of members at all levels of such career + tracks; and + (C) the development and application of appropriate + readiness standards and metrics to measure and report on the + overall capability, capacity, utilization, and readiness of + digital engineering professionals to develop and deliver + operational capabilities and employ modern business practices. + (2) Digital engineering defined.--For purposes of this section, + the term ``digital engineering'' means the discipline and set of + skills involved in the creation, processing, transmission, + integration, and storage of digital data, including data science, + machine learning, software engineering, software product + management, and artificial intelligence product management. + (b) Implementation Plan.--Not later than May 1, 2020, the Secretary +of Defense shall submit to the Committees on Armed Services of the +Senate and the House of Representatives a plan that describes how the +Department of Defense will execute the policy described in subsection +(a). + (c) Responsibility.-- + (1) Appointment of officer.--Not later than 270 days after the + date of enactment of this Act, the Secretary of Defense may appoint + a civilian official responsible for the development and + implementation of the policy and implementation plan set forth in + subsections (a) and (b), respectively. The official shall be known + as the ``Chief Digital Engineering Recruitment and Management + Officer of the Department of Defense''. + (2) Expiration of appointment.--The appointment of the Officer + under paragraph (1) shall expire on September 30, 2024. + SEC. 231. DIGITAL ENGINEERING CAPABILITY TO AUTOMATE TESTING AND + EVALUATION. + (a) Digital Engineering Capability.-- + (1) In general.--The Secretary of Defense shall establish a + digital engineering capability to be used-- + (A) for the development and deployment of digital + engineering models for use in the defense acquisition process; + and + (B) to provide testing infrastructure and software to + support automated approaches for testing, evaluation, and + deployment throughout the defense acquisition process. + (2) Requirements.--The capability developed under subsection + (a) shall meet the following requirements: + (A) The capability will be accessible to, and useable by, + individuals throughout the Department of Defense who have + responsibilities relating to capability design, development, + testing, evaluation, and operation. + (B) The capability will provide for the development, + validation, use, curation, and maintenance of technically + accurate digital systems, models of systems, subsystems, and + their components, at the appropriate level of fidelity to + ensure that test activities adequately simulate the environment + in which a system will be deployed. + (C) The capability will include software to automate + testing throughout the program life cycle, including to satisfy + developmental test requirements and operational test + requirements. Such software may be developed in accordance with + the authorities provided under section 800, and shall support-- + (i) security testing that includes vulnerability + scanning and penetration testing performed by individuals, + including threat-based red team exploitations and + assessments with zero-trust assumptions; and + (ii) high-confidence distribution of software to the + field on a time-bound, repeatable, frequent, and iterative + basis. + (b) Demonstration Activities.-- + (1) In general.--In developing the capability required under + subsection (a), the Secretary of Defense shall carry out activities + to demonstrate digital engineering approaches to automated testing + that-- + (A) enable continuous software development and delivery; + (B) satisfy developmental test requirements for the + software-intensive programs of the Department of Defense; and + (C) satisfy operational test and evaluation requirements + for such programs. + (2) Program selection.--Not later than 180 days after the date + of the enactment of this Act, the Secretary of Defense shall assess + and select not fewer than four and not more than ten programs of + the Department of Defense to participate in the demonstration + activities under paragraph (1), including-- + (A) at least one program participating in the pilot program + authorized under section 873 of the National Defense + Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 + U.S.C. 2223a note); + (B) at least one program participating in the pilot program + authorized under section 874 of such Act (Public Law 115-91; 10 + U.S.C. 2302 note); + (C) at least one major defense acquisition program (as + defined in section 2430 of title 10, United States Code); + (D) at least one command and control program; + (E) at least one defense business system (as defined in + section 2222(i) of title 10, United States Code); and + (F) at least one program from each military service. + (3) Additional requirements.--As part of the demonstration + activities under paragraph (1), the Secretary shall-- + (A) conduct a comparative analysis that assesses the risks + and benefits of the digital engineering supported automated + testing approaches of the programs participating in the + demonstration activities relative to traditional testing + approaches that are not supported by digital engineering; + (B) ensure that the intellectual property strategy for each + of the programs participating in the demonstration activities + is best aligned to meet the goals of the program; and + (C) develop a workforce and infrastructure plan to support + any new policies and guidance implemented in connection with + the demonstration activities, including any policies and + guidance implemented after the completion of such activities. + (c) Policies and Guidance Required.--Not later than one year after +the date of the enactment of this Act, based on the results of the +demonstration activities carried out under subsection (b), the +Secretary of Defense shall issue or modify policies and guidance to-- + (1) promote the use of digital engineering capabilities for + development and for automated testing; and + (2) address roles, responsibilities, and procedures relating to + such capabilities. + (d) Steering Committee.-- + (1) In general.--The Secretary of Defense shall establish a + steering committee to assist the Secretary in carrying out + subsections (a) through (c). + (2) Membership.--The steering committee shall be composed of + the following members or their designees: + (A) The Under Secretary of Defense for Research and + Engineering. + (B) The Under Secretary of Defense for Acquisition and + Sustainment. + (C) The Chief Information Officer. + (D) The Director of Operational Test and Evaluation. + (E) The Director of Cost Assessment and Program Evaluation. + (F) The Service Acquisition Executives. + (G) The Service testing commands. + (H) The Director of the Defense Digital Service. + (e) Reports Required.-- + (1) Implementation.--Not later than March 15, 2020, the + Secretary of Defense shall submit to the congressional defense + committees a report on the progress of the Secretary in + implementing subsections (a) through (c). The report shall include + an explanation of how the results of the demonstration activities + carried out under subsection (b) will be incorporated into the + policy and guidance required under subsection (c), particularly the + policy and guidance of the members of the steering committee + established under subsection (d). + (2) Legislative recommendations.--Not later than October 15, + 2020, the Secretary of Defense shall provide to the congressional + defense committees a briefing that identifies any changes to + existing law that may be necessary to facilitate the implementation + of subsections (a) through (c). + (f) Independent Assessment.-- + (1) In general.--Not later than March 15, 2021, the Defense + Innovation Board and the Defense Science Board shall jointly + complete an independent assessment of the progress of the Secretary + in implementing subsections (a) through (c). The Secretary of + Defense shall ensure that the Defense Innovation Board and the + Defense Science Board have access to the resources, data, and + information necessary to complete the assessment. + (2) Information to congress.--Not later than 30 days after the + date on which the assessment under paragraph (1) is completed, the + Defense Innovation Board and the Defense Science Board shall + jointly provide to the congressional defense committees-- + (A) a report summarizing the assessment; and + (B) a briefing on the findings of the assessment. + SEC. 232. PROCESS TO ALIGN POLICY FORMULATION AND EMERGING + TECHNOLOGY DEVELOPMENT. + (a) Alignment of Policy and Technological Development.--Not later +than 180 days after the date of the enactment of this Act, the +Secretary of Defense shall establish a process to ensure that the +policies of the Department of Defense relating to emerging technology +are formulated and updated continuously as such technology is developed +by the Department. + (b) Elements.--As part of the process established under subsection +(a), the Secretary shall-- + (1) specify the role of each covered official in ensuring that + the formulation of policies relating to emerging technology is + carried out concurrently with the development of such technology; + and + (2) incorporate procedures for the continuous legal review of-- + (A) weapons and other defense systems that incorporate or + use emerging technology; and + (B) treaties that may be affected by such technology. + (c) Briefing Required.--Not later than 30 days after the date on +which the Secretary of Defense establishes the process required under +subsection (a), the Secretary shall provide to the congressional +defense committees a briefing on such process. + (d) Definitions.--In this section: + (1) The term ``covered official'' means the following: + (A) The Chairman of the Joint Chiefs of Staff. + (B) The Under Secretary of Defense for Research and + Engineering. + (C) The Under Secretary of Defense for Acquisition and + Sustainment. + (D) The Under Secretary of Defense for Policy. + (E) The commanders of combatant commands with + responsibilities involving the use of weapons or other defense + systems that incorporate or use emerging technology, as + determined by the Secretary of Defense. + (F) The Secretaries of the military departments. + (2) The term ``emerging technology'' means technology + determined to be in an emerging phase of development by the + Secretary of Defense, including quantum computing, technology for + the analysis of large and diverse sets of data (commonly known as + ``big data analytics''), artificial intelligence, autonomous + technology, robotics, directed energy, hypersonics, biotechnology, + and such other technology as may be identified by the Secretary. + SEC. 233. IMPROVEMENT OF THE STRATEGIC CAPABILITIES OFFICE OF THE + DEPARTMENT OF DEFENSE. + (a) Organization.-- + (1) Authority of deputy secretary of defense.--The Deputy + Secretary of Defense shall exercise authority and direction over + the Strategic Capabilities Office of the Department of Defense + (referred to in this section as the ``Office''). + (2) Authority of director.--The Director of the Office shall + report directly to the Deputy Secretary of Defense. + (3) Delegation.--In exercising authority and direction over the + Office under subsection (a), the Deputy Secretary of Defense may + delegate administrative, management, and other duties to the + Director of the Defense Advanced Research Projects Agency, as + needed, to effectively and efficiently execute the mission of the + Office. + (b) Cross-functional Teams.-- + (1) Establishment.--Not later than 180 days after the date of + enactment of this Act, the Deputy Secretary of Defense shall + establish the following cross-functional teams to improve the + effectiveness of the Office: + (A) A transition cross-functional team to improve the + efficiency and effectiveness with which the programs of the + Office may be transitioned into-- + (i) research and development programs of the military + services and other agencies of the Department of Defense; + and + (ii) programs of such services and agencies in + operational use. + (B) A technical cross functional team to improve the + continuous technical assessment and review of the programs of + the Office during program selection and execution. + (2) Membership.--The Deputy Secretary of Defense shall select + individuals to serve on the cross-functional teams described in + paragraph (1) from among individuals in the defense research and + engineering enterprise, acquisition community, Joint Staff, + combatant commands, and other organizations, as determined to be + appropriate by the Deputy Secretary. + SEC. 234. PILOT PROGRAM ON ENHANCED CIVICS EDUCATION. + (a) In General.--The Secretary of Defense, in consultation with the +Secretary of Education, shall carry out a pilot program under which the +Secretary provides enhanced educational support and funding to eligible +entities to improve civics education programs taught by such entities. + (b) Purpose.--The purpose of the pilot program is to provide +enhanced civics education on the following topics: + (1) Critical thinking and media literacy. + (2) Voting and other forms of political and civic engagement. + (3) Interest in employment, and careers, in public service. + (4) Understanding of United States law, history, and + Government. + (5) The ability of participants to collaborate and compromise + with others to solve problems. + (c) Considerations.--In carrying out the pilot program, the +Secretary of Defense shall consider innovative approaches for improving +civics education. + (d) Metrics and Evaluations.--The Secretary of Defense shall +establish metrics and undertake evaluations to determine the +effectiveness of the pilot program, including each of the activities +carried out under subsection (e). + (e) Types of Support Authorized.--Under the pilot program the +Secretary of Defense-- + (1) shall provide support to eligible entities to address, at a + minimum-- + (A) the development or modification of curricula relating + to civics education; + (B) classroom activities, thesis projects, individual or + team projects, internships, or community service activities + relating to civics; + (C) collaboration with government entities, nonprofit + organizations, or consortia of such entities and organizations + to provide participants with civics-related experiences; + (D) civics-related faculty development programs; + (E) recruitment of educators who are highly qualified in + civics education to teach civics or to assist with the + development of curricula for civics education; + (F) presentation of seminars, workshops, and training for + the development of skills associated with civic engagement; + (G) activities that enable participants to interact with + government officials and entities; + (H) expansion of civics education programs and outreach for + members of the Armed Forces, dependents and children of such + members, and employees of the Department of Defense; and + (I) opportunities for participants to obtain work + experience in fields relating to civics; and + (2) may provide any other form of support the Secretary + determines to be appropriate to enhance the civics education taught + by eligible entities. + (f) Report.--Not later than 180 days after the conclusion of the +first full academic year during which the pilot program is carried out, +the Secretary of Defense shall submit to the congressional defense +committees a report that includes-- + (1) a description of the pilot program, including the a + description of the specific activities carried out under subsection + (e); and + (2) the metrics and evaluations used to assess the + effectiveness of the program as required under subsection (d). + (g) Definitions.--In this section: + (1) The term ``civics education program'' means an educational + program that provides participants with-- + (A) knowledge of law, government, and the rights of + citizens; and + (B) skills that enable participants to responsibly + participate in democracy. + (2) The term ``eligible entity'' means any of following: + (A) A local education agency that hosts a unit of the + Junior Reserve Officers' Training Corps. + (B) A school operated by the Department of Defense + Education Activity. + SEC. 235. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP. (a) Fellowship Program.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense, acting - through the Under Secretary of Defense for Research and - Engineering, shall establish a civilian fellowship program - designed to place eligible individuals within the Department of - Defense and Congress to increase the number of national - security professionals with science, technology, engineering, - and mathematics credentials employed by the Department and - Congress. - (2) Designation.--The fellowship program established under - paragraph (1) shall be known as the ``Technology and National - Security Fellowship'' (in this section referred to as the - ``fellows program''). - (3) Assignments.--Each individual selected for - participation in the fellows program shall be assigned to a one - year position within-- - (A) the Department of Defense; or - (B) a congressional office with emphasis on Armed - Forces and national security matters. - (4) Pay and benefits.--Each individual assigned to a - position under paragraph (3)-- - (A) shall be compensated at a rate of basic pay - that is equivalent to the rate of basic pay payable for - a position at level 10 of the General Schedule; and - (B) shall be treated as an employee of the United - States during the assignment. - (b) Eligible Individuals.--For purposes of this section, and -subject to subsection (e), an eligible individual is any individual -who-- - (1) is a citizen of the United States; and - (2) either-- - (A) expects to be awarded an undergraduate or - graduate degree that, as determined by the Secretary, - focuses on science, technology, engineering, or - mathematics course work not later than 180 days after - the date on which the individual submits an application - for participation in the fellows program; or - (B) possesses an undergraduate or graduate degree - that, as determined by the Secretary, focuses on - science, technology, engineering, or mathematics course - work that was awarded not earlier than one year before - the date on which the individual submits an application - for participation in the fellows program. + (1) In general.--The Secretary of Defense, acting through the + Under Secretary of Defense for Research and Engineering, may + establish a civilian fellowship program designed to place eligible + individuals within the Department of Defense and Congress to + increase the number of national security professionals with + science, technology, engineering, and mathematics credentials + employed by the Department. + (2) Designation.--The fellowship program established under + paragraph (1) shall be known as the ``Technology and National + Security Fellowship'' (in this section referred to as the ``fellows + program''). + (3) Assignments.--Each individual selected for participation in + the fellows program shall be assigned to a one year position + within-- + (A) the Department of Defense; or + (B) a congressional office with emphasis on defense and + national security matters. + (4) Pay and benefits.--To the extent practicable, each + individual assigned to a position under paragraph (3)-- + (A) shall be compensated at a rate of basic pay that is + equivalent to the rate of basic pay payable for a position at + level 10 of the General Schedule; and + (B) shall be treated as an employee of the United States + during the assignment. + (b) Eligible Individuals.-- + (1) Eligibility for dod assignment.--Subject to subsection (e), + an individual eligible for an assignment in the Department of + Defense under subsection (a)(3)(A) is an individual who-- + (A) is a citizen of the United States; and + (B) either-- + (i) expects to be awarded a bachelor's degree, + associate's degree, or graduate degree that, as determined + by the Secretary, focuses on science, technology, + engineering, or mathematics course work not later than 180 + days after the date on which the individual submits an + application for participation in the fellows program; + (ii) possesses a bachelor's degree, associate's degree, + or graduate degree that, as determined by the Secretary, + focuses on science, technology, engineering, or mathematics + course work; or + (iii) is an employee of the Department of Defense and + possesses a bachelor's degree, associate's degree, or + graduate degree that, as determined by the Secretary, + focuses on science, technology, engineering, or mathematics + course work. + (2) Eligibility for congressional assignment.--Subject to + subsection (e), an individual eligible for an assignment in a + congressional office under subsection (a)(3)(B) is an individual + who-- + (A) meets the requirements specified in paragraph (1); and + (B) has not less than 3 years of relevant work experience + in the field of science, technology, engineering, or + mathematics. (c) Application.--Each individual seeking to participate in the fellows program shall submit to the Secretary an application therefor at such time and in such manner as the Secretary shall specify. (d) Coordination.--In carrying out this section, the Secretary may consider working through the following entities: - (1) The National Security Innovation Network. - (2) Other Department of Defense or public and private - sector organizations, as determined appropriate by the - Secretary. + (1) The National Security Innovation Network. + (2) Universities. + (3) Science and technology reinvention laboratories and test + and evaluation centers of the Department of Defense. + (4) Other organizations of the Department of Defense or public + and private sector organizations, as determined appropriate by the + Secretary. (e) Modifications to Fellows Program.--The Secretary may modify the terms and procedures of the fellows program in order to better achieve the goals of the program and to support workforce needs of the @@ -3265,722 +5488,1300 @@ education and private entities engaged in work on national security and emerging technologies as the Secretary considers appropriate for purposes of the fellows program, including with respect to assignments in the fellows program. - -SEC. 219. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL TECHNOLOGY - PROGRAM. - - (a) Program Required.-- - (1) In general.--The Secretary of Defense, in coordination - with the Secretary of Homeland Security, the Secretary of - Energy, and the heads of such other Federal agencies as the - Secretary of Defense considers appropriate, shall carry out a - program on research, development, testing, evaluation, study, - and demonstration of technologies related to blue carbon - capture and direct air capture. - (2) Program goals.--The goals of the program established - under paragraph (1) are as follows: - (A) To develop technologies that capture carbon - dioxide from seawater and the air to turn such carbon - dioxide into clean fuels to enhance fuel and energy - security. - (B) To develop and demonstrate technologies that - capture carbon dioxide from seawater and the air to - reuse such carbon dioxide to create products for - military uses. - (C) To develop direct air capture technologies for - use-- - (i) at military installations or facilities - of the Department of Defense; or - (ii) in modes of transportation by the Navy - or the Coast Guard. - (3) Phases.--The program established under paragraph (1) - shall be carried out in two phases as follows: - (A) The first phase shall consist of research and - development and shall be carried out as described in - subsection (b). - (B) The second phase shall consist of testing and - evaluation and shall be carried out as described in - subsection (c), if the Secretary determines that the - results of the research and development phase justify - implementing the testing and evaluation phase. - (4) Designation.--The program established under paragraph - (1) shall be known as the ``Direct Air Capture and Blue Carbon - Removal Technology Program'' (in this section referred to as - the ``Program''). - (b) Research and Development Phase.-- - (1) In general.--During the research and development phase - of the Program, the Secretary of Defense shall conduct research - and development in pursuit of the goals set forth in subsection - (a)(2). - (2) Direct air capture.--The research and development phase - of the Program may include, with respect to direct air capture, - a front end engineering and design study that includes an - evaluation of direct air capture designs to produce fuel for - use-- - (A) at military installations or facilities of the - Department of Defense; or - (B) in modes of transportation by the Navy or the - Coast Guard. - (3) Duration.--The Secretary shall carry out the research - and development phase of the Program during a four-year period - commencing not later than 90 days after the date of the - enactment of this Act. - (4) Grants authorized.--The Secretary may carry out the - research and development phase of the Program through the award - of grants to private persons and eligible laboratories. - (5) Report required.--Not later than 180 days after the - date of the completion of the research and development phase of - the Program, the Secretary shall submit to Congress a report on - the research and development carried out under the Program. - (6) Funding for fiscal year 2020.--(A) The amount - authorized to be appropriated for fiscal year 2020 by section - 201 for research, development, test, and evaluation is hereby - increased by $8,000,000, with the amount of the increase to be - available for the research and development phase of the - Program. - (B) The amount authorized to be appropriated for fiscal - year 2020 by section 301 for operation and maintenance is - hereby decreased by $8,000,000, with the amount of the decrease - to be taken from amounts available for printing. - (7) Authorization of appropriations for future fiscal - years.--There is authorized to be appropriated to carry out the - research and development phase of the Program $10,000,000 for - each of fiscal years 2021 through 2023. - (c) Testing and Evaluation Phase.-- - (1) In general.--During the testing and evaluation phase of - the Program, the Secretary shall, in pursuit of the goals set - forth in subsection (a)(2), conduct tests and evaluations of - the technologies researched and developed during the research - and development phase of the Program. - (2) Direct air capture.--The testing and evaluation phase - of the Program may include demonstration projects for direct - air capture to produce fuels for use-- - (A) at military installations or facilities of the - Department of Defense; or - (B) in modes of transportation by the Navy or the - Coast Guard. - (3) Duration.--The Secretary shall carry out the testing - and evaluation phase of the Program during the three-year - period commencing on the date of the completion of the research - and development phase described in subsection (b), except that - the testing and evaluation phase of the Program with respect to - direct air capture may commence at such time after a front end - engineering and design study demonstrates to the Secretary that - commencement of such phase is appropriate. - (4) Grants authorized.--The Secretary may carry out the - testing and evaluation phase of the Program through the award - of grants to private persons and eligible laboratories. - (5) Locations.--The Secretary shall carry out the testing - and evaluation phase of the Program at military installations - or facilities of the Department of Defense. - (6) Report required.--Not later than September 30, 2026, - the Secretary shall submit to Congress a report on the findings - of the Secretary with respect to the effectiveness of the - technologies tested and evaluated under the Program. - (7) Authorization of appropriations.--There is authorized - to be appropriated to carry out the testing and evaluation - phase of the Program $15,000,000 for each of fiscal years 2024 - through 2026. - (d) Definitions.--In this section: - (1) The term ``blue carbon capture'' means the removal of - dissolved carbon dioxide from seawater through engineered or - inorganic processes, including filters, membranes, or phase - change systems. - (2)(A) 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. - (B) The term ``direct air capture'' does not include any - facility, technology, or system that captures carbon dioxide-- - (i) that is deliberately released from a naturally - occurring subsurface spring; or - (ii) using natural photosynthesis. - (3) The term ``eligible laboratory'' means-- - (A) a National Laboratory (as defined in section 2 - of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or - (B) a laboratory of the Department of Defense. - - Subtitle C--Reports and Other Matters - -SEC. 231. NATIONAL SECURITY EMERGING BIOTECHNOLOGIES RESEARCH AND - DEVELOPMENT PROGRAM. - - (a) Establishment.--The Secretary of Defense shall carry out a -research and development program on applications of emerging -biotechnologies for the national security purposes set forth in -subsection (b). - (b) National Security Purposes.--The national security purposes set -forth in this subsection are as follows: - (1) To ensure military understanding and relevancy of - applications of emerging biotechnologies in meeting national - security requirements. - (2) To coordinate all research and development relating to - emerging biotechnologies within the Department of Defense and - to provide for interagency cooperation and collaboration on - research and development relating to emerging biotechnologies - between the Department and other departments and agencies of - the United States and appropriate private sector entities that - are involved in research and development relating to emerging - biotechnologies. - (3) To develop and manage a portfolio of fundamental and - applied emerging biotechnologies research initiatives that is - stable, consistent, and balanced across scientific disciplines. - (4) To collect, synthesize, and disseminate critical - information on research and development relating to emerging - biotechnologies within the national security establishment. - (5) To establish and support appropriate research, - innovation, and the industrial base, including facilities and - infrastructure, to support the needs of Department missions and - scientific workforce relating to emerging biotechnologies. - (6) To develop a technical basis to inform the intelligence - community on the analysis needs of the Department with respect - to emerging biotechnologies. - (c) Administration.--In carrying out the program required by -subsection (a), the Secretary shall act through the Under Secretary of -Defense for Research and Engineering, who shall supervise the planning, -management, and coordination of the program. The Under Secretary, in -consultation with the Secretaries of the military departments and the -heads of participating Defense Agencies and other departments and -agencies of the United States, shall-- - (1) prescribe a set of long-term challenges and a set of - broad technical goals for the program; - (2) develop a coordinated and integrated research and - investment plan for meeting near-, mid-, and long-term - challenges for achieving broad technical goals that build upon - the Department's investment in emerging biotechnologies - research and development, commercial sector and global - investments, and other United States Government investments in - emerging biotechnologies fields; - (3) not later than 180 days after the date of the enactment - of this Act, develop and continuously update guidance, - including classification guidance for defense-related emerging - biotechnologies activities, and policies for restricting access - to research to minimize the effects of loss of intellectual - property in basic and applied emerging biotechnologies and - information considered sensitive to the leadership of the - United States in the field of emerging biotechnologies; and - (4) develop memoranda of agreement, joint funding - agreements, and other cooperative arrangements necessary for - meeting long-term challenges and achieving specific technical - goals. - (d) Report.-- - (1) In general.--Not later than December 31, 2020, the - Secretary shall submit to the congressional defense committees - a report on the program carried out under subsection (a). - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) An assessment of the potential national - security risks of emerging biotechnologies - technologies. - (B) An assessment of the efforts of foreign powers - to use emerging biotechnologies for military - applications and other purposes. - (C) A description of the knowledge-base of the - Department with respect to emerging biotechnologies, - plans to defend against potential national security - threats posed by emerging biotechnologies, and any - plans of the Secretary to enhance such knowledge-base. - (D) A plan that describes how the Secretary intends - to use emerging biotechnologies for military - applications and to meet other needs of the Department. - (E) A description of activities undertaken - consistent with this section, including funding for - activities consistent with the section. - (F) Such other matters as the Secretary considers - appropriate. - (3) Form.--The report submitted under paragraph (1) shall - be submitted in unclassified form, but may include a classified - annex. - (e) Definition of Emerging Biotechnologies.--In this section, the -term ``emerging biotechnologies'' includes the following: - (1) Engineered biology, which is the application of - engineering design principles and practices to biological, - genetic, molecular, and cellular systems to enable novel - functions and capabilities. - (2) Neurotechnology, which refers to central and peripheral - nervous system interfaces that leverage structural, - computational, and mathematical modeling to develop devices - that decode neural activity (identify how it corresponds to a - particular behavior or cognitive state, such as sensorimotor - function, memory, or neuropsychiatric function) and use this - information to deliver targeted interventions or therapies to - facilitate performance. - (3) Performance enhancement, namely technologies that - augment human physiology at the cellular, molecular, and - physiological levels giving the end user novel or enhanced - physical and psychological capabilities. - (4) Gene editing, including tools that facilitate - deoxyribonucleic acid (DNA) sequence deletion, replacement, or - insertion into cellular or organismal genetic material, thereby - modulating genetic function for applications that include - treating and preventing disease, and improving function of - biological systems. - (5) Biomolecular sequencing and synthesis, namely the - processes by which biomolecular components (such as - deoxyribonucleic acid and ribonucleic acid) can be measured - (sequencing) or generated (synthesis) for uses in engineering - biology, biomanufacturing, and other medical and nonmedical - applications. - -SEC. 232. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES ROADMAP AND REPORTS. - - (a) Roadmap for Science and Technology Activities to Support -Development of Cyber Capabilities.-- - (1) Roadmap required.--The Secretary of Defense, acting - through the Under Secretary of Defense for Research and - Engineering, shall develop a roadmap for science and technology - activities of the Department of Defense to support development - of cyber capabilities to meet Department needs and missions. - (2) Goal of consistency.--The Secretary shall develop the - roadmap required by paragraph (1) to ensure consistency with - appropriate Federal interagency, industry, and academic - activities. - (3) Scope.--The roadmap required by paragraph (1) shall-- - (A) cover the development of capabilities that will - likely see operational use within the next 25 years or - earlier; and - (B) address cyber operations and cybersecurity. - (4) Consultation.--The Secretary shall develop the roadmap - required by paragraph (1) in consultation with the following: - (A) The Chief Information Officer of the - Department. - (B) The secretaries and chiefs of the military - departments. - (C) The Director of Operational Test and - Evaluation. - (D) The Commander of the United States Cyber - Command. - (E) The Director of the National Security Agency. - (F) The Director of the Defense Information Systems - Agency. - (G) The Director of the Defense Advanced Research - Projects Agency. - (H) The Director of the Defense Digital Service. - (5) Form.--The Secretary shall develop the roadmap required - by paragraph (1) in unclassified form, but may include a - classified annex. - (6) Publication.--The Secretary shall make available to the - public the unclassified form of the roadmap developed pursuant - to paragraph (1). - (b) Annual Report on Cyber Science and Technology Activities.-- - (1) Annual reports required.--In fiscal years 2021, 2022, - and 2023, the Under Secretary of Defense for Research and - Engineering submit to the Congressional Defense Committees a - report on the science and technology activities within the - Department of Defense relating to cyber matters during the - previous fiscal year, the current fiscal year, and the - following fiscal year. - (2) Contents.--Each report submitted pursuant to paragraph - (1) shall include, for the period covered by the report, a - description and listing of the science and technology - activities of the Department relating to cyber matters, - including the following: - (A) Extramural science and technology activities. - (B) Intramural science and technology activities. - (C) Major and minor military construction - activities. - (D) Major prototyping and demonstration programs. - (E) A list of agreements and activities transition - capabilities to acquisition activities, including-- - (i) national security systems; - (ii) business systems; and - (iii) enterprise and network systems. - (F) Efforts to enhance the national technical - cybersecurity workforce, including specific programs to - support education, training, internships, and hiring. - (G) Efforts to perform cooperative activities with - international partners. - (H) Efforts under the Small Business Innovation - Research and the Small Business Technology Transfer - Program, including estimated amounts in the request for - the following fiscal year. - (I) Efforts to encourage partnerships between the - Department of Defense and universities participating in - the National Centers of Academic Excellence in Cyber - Operations and Cyber Defense. - (3) Timing.--Each report submitted pursuant to paragraph - (1) shall be submitted concurrently with the annual budget - request of the President submitted pursuant to section 1105 of - title 31, United States Code. - (4) Form.--The report submitted under paragraph (1) shall - be submitted in unclassified form, but may include a classified - annex. - -SEC. 233. REQUIRING CERTAIN MICROELECTRONICS PRODUCTS AND SERVICES MEET - TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY STANDARDS. - - (a) Purchases.-- - (1) In general.--To protect the United States from - intellectual property theft and to ensure national security and - public safety in the application of new generations of wireless - network technology and microelectronics, beginning on January - 1, 2022, the Secretary of Defense shall-- - (A) ensure that each critical microelectronics - product and service that the Department of Defense - purchases on or after such date meets the trusted - supply chain and operational security standards - established pursuant to subsection (b), except in a - case in which the Department seeks to purchase a - critical microelectronics product or service, but-- - (i) no such product or service is available - for purchase that meets such standards; or - (ii) no such product or service is - available for purchase that-- - (I) meets such standards; and - (II) is available at a price that - the Secretary does not consider - prohibitively expensive; and - (B) to the maximum extent practicable, ensure that - each microelectronics product and service, other than a - critical microelectronics product and service, that is - purchased by the Department of Defense on or after such - date meets the trusted supply chain and operational - security standards established pursuant to subsection - (b). - (2) Critical microelectronics products and services.--For - purposes of this section, a critical microelectronics product - or service is a microelectronics product, or a service based on - such a product, that is designated by the Secretary as critical - to meeting national security needs. - (b) Trusted Supply Chain and Operational Security Standards.-- - (1) Standards required.--Not later than January 1, 2021, - the Secretary shall establish trusted supply chain and - operational security standards for the purchase of - microelectronics products and services by the Department. - (2) Consultation required.--In developing standards under - paragraph (1), the Secretary shall consult with the following: - (A) The Secretary of Homeland Security, the - Secretary of State, the Secretary of Commerce, and the - Director of the National Institute of Standards and - Technology. - (B) Suppliers of microelectronics products and - services from the United States and allies and partners - of the United States. - (C) Representatives of major United States industry - sectors that rely on a trusted supply chain and the - operational security of microelectronics products and - services. - (D) Representatives of the United States insurance - industry. - (3) Tiers of trust and security authorized.--In carrying - out paragraph (1), the Secretary may establish tiers of trust - and security within the supply chain and operational security - standards for microelectronics products and services. - (4) General applicability.--The standards established - pursuant to paragraph (1) shall be, to the greatest extent - practicable, generally applicable to the trusted supply chain - and operational security needs and use cases of the United - States Government and commercial industry, such that the - standards could be widely adopted by government and commercial - industry. - (5) Annual review.--Not later than October 1 of each year, - the Secretary shall review the standards established pursuant - to paragraph (1) and issue updates or modifications as the - Secretary considers necessary or appropriate. - (c) Ensuring Ability to Sell Commercially.-- - (1) In general.--The Secretary shall, to the greatest - extent practicable, ensure that suppliers of microelectronics - products for the Federal Government who meet the standards - established under subsection (b) are able and incentivized to - sell products commercially that are produced on the same - production lines as the microelectronics products supplied to - the Federal Government. - (2) Effect of requirements and acquisitions.--The Secretary - shall, to the greatest extent practicable, ensure that the - requirements of the Department and the acquisition by the - Department of microelectronics enable the success of a dual-use - microelectronics industry. - (d) Maintaining Competition and Innovation.--The Secretary shall -take such actions as the Secretary considers necessary and appropriate, -within the Secretary's authorized activities to maintain the health of -the defense industrial base, to ensure that-- - (1) providers of microelectronics products and services - that meet the standards established under subsection (b) are - exposed to competitive market pressures to achieve competitive - pricing and sustained innovation; and - (2) the industrial base of microelectronics products and - services that meet the standards established under subsection - (b) includes providers producing in or belonging to countries - that are allies or partners of the United States. - -SEC. 234. TECHNICAL CORRECTION TO GLOBAL RESEARCH WATCH PROGRAM. - - Section 2365 of title 10, United States Code, is amended-- - (1) in subsections (a) and (d)(2), by striking ``Assistant - Secretary of Defense for Research and Engineering'' both places - it appears and inserting ``Under Secretary of Defense for - Research and Engineering''; - (2) in subsections (d)(3) and (e), by striking ``Assistant - Secretary'' both places it appears and inserting ``Under - Secretary of Defense for Research and Engineering''; and - (3) in subsection (d), by striking ``Assistant Secretary'' - both places it appears and inserting ``Under Secretary''. - -SEC. 235. ADDITIONAL TECHNOLOGY AREAS FOR EXPEDITED ACCESS TO TECHNICAL - TALENT. - - Section 217(e) of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended-- - (1) by redesignating paragraph (27) as paragraph (29); and - (2) by inserting after paragraph (26) the following new - paragraph (27): - ``(27) Rapid prototyping. - ``(28) Infrastructure resilience.''. - -SEC. 236. SENSE OF THE SENATE AND PERIODIC BRIEFINGS ON THE SECURITY - AND AVAILABILITY OF FIFTH-GENERATION (5G) WIRELESS - NETWORK TECHNOLOGY AND PRODUCTION. - - (a) Sense of the Senate.--It is the sense of the Senate that-- - (1) use of fifth-generation (5G) wireless networks and - associated technology will be a foundation for future - warfighting applications for the Department of Defense; - (2) the commercial implementation of fifth-generation - wireless networks will provide the high speed and capacity - necessary for the Internet of Things, advanced manufacturing, - autonomous machines, the application of artificial - intelligence, and smart cities, and it is critical that the - Department of Defense utilize these new capabilities; - (3) protecting the innovation and technology that enables - these revolutionary developments is essential for security of - the Department of Defense mission, and will require improved - security of the microelectronics supply chain and of the design - and operation of networks based on fifth-generation wireless - network technology; - (4) securing fifth-generation wireless networks and - associated technology is required due to the increased effects - of military processes that will be enabled on fifth-generation - wireless networks; - (5) the Department of Defense can no longer rely on - fabricationless business models in which microelectronics - manufacturing is located in countries with vulnerable supply - chains or adversarial nations known for predatory industrial - espionage and posing a military threat to the United States or - on small-scale manufacturing of trusted microelectronics in - dedicated facilities; - (6) the Department of Defense should leverage its large - procurement budget, sophisticated understanding of the threats - to microelectronics supply chains, as well as experience - establishing requirements for the secure production of - microelectronics and working with trusted foundries to create a - secure, competitive, and innovative manufacturing base in - cooperation with industry; and - (7) the Secretary of Defense should act expeditiously to - achieve the goals enumerated in this subsection using resources - and authorities available to the Department, while encouraging - interagency planning for a whole-of-government strategy. - (b) Periodic Briefings.-- - (1) In general.--Not later than March 15, 2020, and not - less frequently than once every three months thereafter until - March 15, 2022, the Secretary of Defense shall brief the - congressional defense committees on how the Department of - Defense-- - (A) is using secure fifth-generation wireless - network technology; - (B) is reshaping the Department's policy for - producing and procuring secure microelectronics; and - (C) working in the interagency and internationally - to develop common policies and approaches. - (2) Elements.--Each briefing under paragraph (1) shall - contain information on-- - (A) efforts to ensure a secure supply chain for - fifth-generation wireless network equipment and - microelectronics; - (B) the continued availability of electromagnetic - spectrum for warfighting needs; - (C) planned implementation of fifth-generation - wireless network infrastructure in warfighting - networks, base infrastructure, defense-related - manufacturing, and logistics; - (D) steps taken to work with allied and partner - countries to protect critical networks and supply - chains; and - (E) such other topics as the Secretary considers - relevant. - -SEC. 237. TRANSFER OF COMBATING TERRORISM TECHNICAL SUPPORT OFFICE. - - (a) Transfer Required.--Not later than March 1, 2020, the Secretary -of Defense shall transfer responsibilities for the authority, -direction, and control of the Combating Terrorism Technical Support -Office from the Assistant Secretary of Defense for Special Operations -and Low Intensity Conflict to the Under Secretary of Defense for -Research and Engineering. - (b) Report Required.-- - (1) In general.--Not later than the date that is 30 days - before the date of the transfer of responsibilities required by - subsection (a), the Secretary shall submit to the congressional - defense committees a report on such transfer. - (2) Contents.--The report submitted under paragraph (1) - shall include the following: - (A) An assessment of the relevance of the roles, - responsibilities, and objectives of the Combating - Terrorism Technical Support Office to supporting - implementation of the National Defense Strategy and - recommendations, if any, for changes to the roles, - responsibilities, and objectives of the Combating - Terrorism Technical Support Office for the purpose of - supporting implementation of the National Defense - Strategy. - (B) An articulation of any anticipated efficiencies - resulting from the transfer of responsibilities as - described in subsection (a). - (C) Such other matters as the Secretary considers - relevant. - -SEC. 238. BRIEFING ON COOPERATIVE DEFENSE TECHNOLOGY PROGRAMS AND RISKS - OF TECHNOLOGY TRANSFER TO CHINA OR RUSSIA. - - (a) Briefing Required.--Not later than March 1, 2020, the Secretary -of Defense, in consultation with the Director of National Intelligence, -shall provide the congressional defense committees a briefing, and -documents as appropriate, on current cooperative defense technology -programs of the Department of Defense with any country the Secretary -assesses to be engaged in significant defense or other advanced -technology cooperation with the People's Republic of China or the -Russian Federation. - (b) Matters to Be Addressed.--The briefing required by subsection -(a) shall address the following matters: - (1) Whether any current cooperative defense technology - programs of the Department of Defense increase the risk of - technology transfer to the People's Republic of China or the - Russian Federation. - (2) What actions the Department of Defense has taken to - mitigate the risk of technology transfer to the People's - Republic of China or the Russian Federation with respect to - current cooperative defense technology programs. - (3) Such recommendations as the Secretary may have for - legislative or administrative action to prevent technology - transfer to the People's Republic of China or the Russian - Federation with respect to cooperative defense technology - programs, especially as it relates to capabilities the - Secretary assesses to be critical to maintain or restore the - comparative military advantage of the United States. - (c) Notification Required.--The Secretary shall provide the -congressional committees a written notification not later than 15 days -after any decision to suspend or terminate a cooperative defense -technology program due to the risk or occurrence of technology transfer -to the People's Republic of China or the Russian Federation. - -SEC. 239. MODIFICATION OF AUTHORITY FOR PRIZES FOR ADVANCED TECHNOLOGY - ACHIEVEMENTS. - - Section 2374a(a) of title 10, United States Code, is amended by -striking ``Assistant Secretary of Defense for Research and -Engineering'' and inserting ``Under Secretary of Defense for Research -and Engineering, the Under Secretary of Defense for Acquisition and -Sustainment,''. - -SEC. 240. USE OF FUNDS FOR STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM, - ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM, - AND OPERATIONAL ENERGY CAPABILITY IMPROVEMENT. - + SEC. 236. DOCUMENTATION RELATING TO THE ADVANCED BATTLE MANAGEMENT + SYSTEM. + (a) Documentation Required.--Not later than the date specified in +subsection (b), the Secretary of the Air Force shall submit to the +congressional defense committees the following documentation relating +to the Advanced Battle Management System: + (1) A list that identifies each program, project, and activity + that contributes to the architecture of the Advanced Battle + Management System. + (2) The final analysis of alternatives for the Advanced Battle + Management System. + (3) The requirements for the networked data architecture + necessary for the Advanced Battle Management System to provide + multidomain command and control and battle management capabilities + and a development schedule for such architecture. + (b) Date Specified.--The date specified in this subsection is the +earlier of-- + (1) the date that is 180 days after the date on which the final + analysis of alternatives for the Advanced Battle Management System + is completed; or + (2) June 1, 2020. + (c) Advanced Battle Management System Defined.--In this section, +the term ``Advanced Battle Management System'' means the Advanced +Battle Management System of Systems capability of the Air Force, +including each program, project, and activity that contributes to such +capability. + SEC. 237. SENSOR DATA INTEGRATION FOR FIFTH GENERATION AIRCRAFT. + (a) F-35 Sensor Data.--The Secretary of Defense shall ensure that-- + (1) information collected by the passive and active on-board + sensors of the F-35 Joint Strike Fighter aircraft is capable of + being shared, in real time, with joint service users in cases in + which the Joint Force Commander determines that sharing such + information would be operationally advantageous; and + (2) the Secretary has developed achievable, effective, and + suitable concepts and supporting technical architectures to + collect, store, manage, and disseminate information collected by + such sensors. + (b) GAO Study and Report.-- + (1) Study.--The Comptroller General of the United States shall + conduct a study of the sensor data collection and dissemination + capability of fifth generation aircraft of the Department of + Defense. + (2) Elements.--The study required by paragraph (1) shall + include an assessment of the following-- + (A) the extent to which the Department has established + doctrinal, organizational, or technological methods of managing + the large amount of sensor data that is currently collected and + which may be collected by existing and planned advanced fifth + generation aircraft; + (B) the status of the existing sensor data collection, + storage, dissemination, and management capability and capacity + of fifth generation aircraft, including the F-35, the F-22, and + the B-21; and + (C) the ability of the F-35 aircraft and other fifth + generation aircraft to share information collected by the + aircraft in real-time with other joint service users as + described in subsection (a)(1). + (3) Study results.-- + (A) Interim briefing.--Not later than 180 days after the + date of the enactment of this Act, the Comptroller General + shall provide to the congressional defense committees a + briefing on the preliminary findings of the study conducted + under this subsection. + (B) Final results.--The Comptroller General shall provide + the final results of the study conducted under this subsection + to the congressional defense committees at such time and in + such format as is mutually agreed upon by the committees and + the Comptroller General at the time of the briefing under + subparagraph (A). + SEC. 238. SENSE OF CONGRESS ON FUTURE VERTICAL LIFT TECHNOLOGIES. + It is the sense of Congress that the Army should continue to invest +in research, development, test, and evaluation programs to mature +future vertical lift technologies, including programs to improve pilot +situational awareness, increase flight operations safety, and reduce +operation and maintenance costs. + SEC. 239. USE OF FUNDS FOR STRATEGIC ENVIRONMENTAL RESEARCH + PROGRAM, ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM, + AND OPERATIONAL ENERGY CAPABILITY IMPROVEMENT. Of the funds authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201 for the Strategic Environmental Research Program, Operational Energy Capability Improvement, and the Environmental Security Technical -Certification Program, the Secretary of Defense shall expend amounts as -follows: - (1) Not less than $10,000,000 on the development and - demonstration of long duration on-site energy battery storage - for distributed energy assets. - (2) Not less than $10,000,000 on the development, - demonstration, and validation of non-fluorine based - firefighting foams. - (3) Not less than $10,000,000 on the development, - demonstration, and validation of secure microgrids for both - installations and forward operating bases. - (4) Not less than $5,000,000 on the development, - demonstration, and validation of technologies that can harvest - potable water from air. - -SEC. 241. FUNDING FOR THE SEA-LAUNCHED CRUISE MISSILE-NUCLEAR ANALYSIS - OF ALTERNATIVES. - - (a) Availability of Funding.--Of the amount authorized to be -appropriated for fiscal year 2020 by section 201 for research, -development, test, and evaluation, at least $5,000,000 shall be -available for the analysis of alternatives for the Sea-Launched Cruise -Missile-Nuclear. - (b) Program of Record.--The Secretary of Defense shall make the -Sea-Launched Cruise Missile-Nuclear a program of record. - -SEC. 242. REVIEW AND ASSESSMENT PERTAINING TO TRANSITION OF DEPARTMENT - OF DEFENSE-ORIGINATED DUAL-USE TECHNOLOGY. - - (a) In General.--The Under Secretary of Defense for Research and -Engineering shall-- - (1) conduct a review of the Department of Defense science - and technology enterprise's intellectual property and strategy - for awarding exclusive commercial rights to industry partners; +Certification Program, the Secretary of Defense shall, acting through +the Under Secretary of Defense for Acquisition and Sustainment, expend +amounts as follows: + (1) Not less than $10,000,000 on the development and + demonstration of long duration on-site energy battery storage for + distributed energy assets. + (2) Not less than $10,000,000 on the development, + demonstration, and validation of non-fluorine based firefighting + foams. + (3) Not less than $10,000,000 on the development, + demonstration, and validation of secure microgrids for both + installations and forward operating bases. + (4) Not less than $1,000,000 on the development, demonstration, + and validation of technologies that can harvest potable water from + air. + SEC. 240. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION + CAPABILITY INCREMENT 2 CAPABILITY. + (a) Limitation and Report on Indirect Fire Protection Capability +Increment 2.--Not more than 50 percent of the funds authorized to be +appropriated by this Act or otherwise made available for fiscal year +2020 for the Army may be obligated or expended for research, +development, test, and evaluation for the Indirect Fire Protection +Capability Increment 2 capability until the Secretary of the Army +submits to the congressional defense committees a report on the +Indirect Fire Protection Capability Increment 2 program that contains +the following: + (1) An assessment of whether the requirements previously + established for the enduring program meet the anticipated threat at + the time of planned initial operating capability and fully + operating capability. + (2) A list of candidate systems considered to meet the Indirect + Fire Protection Capability Increment 2 enduring requirement, + including those fielded or in development by the Army and other + elements of the Department of Defense. + (3) An assessment of each candidate system's capability against + representative threats. + (4) An assessment of other relevant specifications of each + candidate system, including cost of development, cost per round if + applicable, technological maturity, and logistics and sustainment. + (5) A plan for how the Army will integrate the chosen system or + systems into the Integrated Air and Missile Defense Battle Command + System. + (6) An assessment of the results of the performance, test, + evaluation, integration, and interoperability of batteries one and + two of the interim solution. + (b) Notification Required.--Not later than 10 days after the date +on which the President submits the annual budget request of the +President for fiscal year 2021 pursuant to section 1105 of title 31, +United States Code, the Secretary of the Defense shall, without +delegation, submit to the congressional defense committees a +notification identifying the military services or agencies that will be +responsible for the conduct of air and missile defense in support of +joint campaigns as it applies to defense against current and emerging +missile threats. The notification shall identify the applicable +programs of record to address such threats, including each class of +cruise missile threat. + + Subtitle C--Plans, Reports, and Other Matters + + SEC. 251. MASTER PLAN FOR IMPLEMENTATION OF AUTHORITIES RELATING TO + SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES. + (a) Plan Required.--The Secretary of Defense, jointly with the +Secretaries of the military departments and in consultation with the +Under Secretary of Defense for Research and Engineering, shall develop +a master plan for using existing authorities to strengthen and +modernize the workforce and capabilities of the science and technology +reinvention laboratories of the Department of Defense (referred to in +this section as the ``laboratories'') to enhance the ability of the +laboratories to execute missions in the most efficient and effective +manner. + (b) Elements.--The master plan required under subsection (a) shall +include, with respect to the laboratories, the following: + (1) A summary of hiring and staffing deficiencies at + laboratories, by location, and the effect of such deficiencies on + the ability of the laboratories-- + (A) to meet existing and future requirements of the + Department of Defense; and + (B) to recruit and retain qualified personnel. + (2) A summary of existing and emerging military research, + development, test, and evaluation mission areas requiring the use + of the laboratories. + (3) An explanation of the laboratory staffing capabilities + required for each mission area identified under paragraph (2). + (4) Identification of specific projects, including hiring + efforts and management reforms, that will be carried out-- + (A) to address the deficiencies identified in paragraph + (1); and + (B) to support the existing and emerging mission areas + identified in paragraph (2). + (5) For each project identified under paragraph (4)-- + (A) a summary of the plan for the project; + (B) a description of the resources that will be applied to + the project; and + (C) a schedule of required investments that will be made as + part of the project. + (6) A description of how the Department, including each + military department concerned, will carry out the projects + identified in paragraph (4) using existing authorities. + (7) Identification of any statutory, regulatory, or management- + related barriers to implementing the master plan and a description + of policy and legislative options that may be applied to address + such barriers. + (c) Consultation.--In developing the master plan required under +subsection (a), the Secretary of Defense, the Secretaries of the +military departments, and the Under Secretary of Defense for Research +and Engineering shall consult with-- + (1) the Service Acquisition Executives with responsibilities + relevant to the laboratories; + (2) the commander of each military command with + responsibilities relating to research and engineering that is + affected by the master plan; and + (3) any other officials determined to be relevant by the + Secretary of Defense, the Secretaries of the military departments, + and the Under Secretary of Defense for Research and Engineering. + (d) Final Report.--Not later than October 30, 2020, the Secretary +of Defense, jointly with the Secretaries of the military departments +and in consultation with the Under Secretary of Defense for Research +and Engineering, shall submit to the congressional defense committees-- + (1) the master plan developed under subsection (a); + (2) a report on the activities carried out under this section; + and + (3) a report that identifies any barriers that prevent the full + use and implementation of existing authorities, including any + barriers presented by the policies, authorities, and activities + of-- + (A) organizations and elements of the Department of + Defense; and + (B) organizations outside the Department. + SEC. 252. INFRASTRUCTURE TO SUPPORT RESEARCH, DEVELOPMENT, TEST, + AND EVALUATION MISSIONS. + (a) Master Plan Required.--The Secretary of Defense, acting through +the Under Secretary of Defense for Research and Engineering and in +coordination with the Secretaries of the military departments, shall +develop and implement a master plan that addresses the research, +development, test, and evaluation infrastructure and modernization +requirements of the Department of Defense, including the science and +technology reinvention laboratories and the facilities of the Major +Range and Test Facility Base. + (b) Elements.--The master plan required under subsection (a) shall +include, with respect to the research, development, test, and +evaluation infrastructure of the Department of Defense, the following: + (1) A summary of deficiencies in the infrastructure, by + location, and the effect of the deficiencies on the ability of the + Department-- + (A) to meet current and future military requirements + identified in the National Defense Strategy; + (B) to support science and technology development and + acquisition programs; and + (C) to recruit and train qualified personnel. + (2) A summary of existing and emerging military research, + development, test, and evaluation mission areas, by location, that + require modernization investments in the infrastructure-- + (A) to improve operations in a manner that may benefit all + users; + (B) to enhance the overall capabilities of the research, + development, test, and evaluation infrastructure, including + facilities and resources; + (C) to improve safety for personnel and facilities; and + (D) to reduce the long-term cost of operation and + maintenance. + (3) Identification of specific infrastructure projects that are + required to address the infrastructure deficiencies identified + under paragraph (1) or to support the existing and emerging mission + areas identified under paragraph (2). + (4) For each project identified under paragraph (3)-- + (A) a description of the scope of work; + (B) a cost estimate; + (C) a summary of the plan for the project; + (D) an explanation of the level of priority that will be + given to the project; and + (E) a schedule of required infrastructure investments. + (5) A description of how the Department, including each + military department concerned, will carry out the infrastructure + projects identified in paragraph (3) using the range of authorities + and methods available to the Department, including-- + (A) military construction authority under section 2802 of + title 10, United States Code; + (B) unspecified minor military construction authority under + section 2805(a) of such title; + (C) laboratory revitalization authority under section + 2805(d) of such title; + (D) the authority to carry out facility repair projects, + including the conversion of existing facilities, under section + 2811 of such title; + (E) the authority provided under the Defense Laboratory + Modernization Pilot Program under section 2803 of the National + Defense Authorization Act for Fiscal Year 2016 (Public Law 114- + 92; 10 U.S.C. 2358 note); + (F) methods that leverage funding from entities outside the + Department, including public-private partnerships, enhanced use + leases and real property exchanges; + (G) the authority to conduct commercial test and evaluation + activities at a Major Range and Test Facility Installation, + under section 2681 of title 10, United States Code; and + (H) any other authorities and methods determined to be + appropriate by the Secretary of Defense. + (6) Identification of any regulatory or policy barriers to the + effective and efficient implementation of the master plan. + (c) Consultation and Coordination.--In developing and implementing +the plan required under subsection (a), the Secretary of Defense +shall-- + (1) consult with existing and anticipated customers and users + of the capabilities of the Major Range and Test Facility Base and + science and technology reinvention laboratories; + (2) ensure consistency with the science and technology roadmaps + and strategies of the Department of Defense and the Armed Forces; + and + (3) ensure consistency with the strategic plan for test and + evaluation resources required by section 196(d) of title 10, United + States Code. + (d) Submittal to Congress.--Not later than January 1, 2021, the +Secretary of Defense, in coordination with the Secretaries of the +military departments, shall submit to the congressional defense +committees the master plan developed under subsection (a). + (e) Research, Development, Test, and Evaluation Infrastructure +Defined.--In this section, the term ``research, development, test, and +evaluation infrastructure'' means the infrastructure of-- + (1) the science and technology reinvention laboratories (as + designated under section 1105 of the National Defense Authorization + Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)); + (2) the Major Range and Test Facility Base (as defined in + section 2358a(f)(3) of title 10, United States Code); and + (3) other facilities that support the research development, + test, and evaluation activities of the Department. + SEC. 253. ENERGETICS PLAN. + (a) Plan Required.--The Under Secretary of Defense for Research and +Engineering shall, in coordination with the technical directors at +defense laboratories and such other officials as the Under Secretary +considers appropriate, develop an energetics research and development +plan to ensure a long-term multi-domain research, development, +prototyping, and experimentation effort that-- + (1) maintains United States technological superiority in + energetics technology critical to national security; + (2) efficiently develops new energetics technologies and + transitions them into operational use, as appropriate; and + (3) maintains a robust industrial base and workforce to support + Department of Defense requirements for energetic materials. + (b) Briefing.--Not later than one year after the date of the +enactment of this Act, the Under Secretary shall brief the +congressional defense committees on the plan developed under subsection +(a). + SEC. 254. STRATEGY AND IMPLEMENTATION PLAN FOR FIFTH GENERATION + INFORMATION AND COMMUNICATIONS TECHNOLOGIES. + (a) In General.--Not later than 270 days after the date of the +enactment of this Act, the Secretary of Defense shall develop-- + (1) a strategy for harnessing fifth generation (commonly known + as ``5G'') information and communications technologies to enhance + military capabilities, maintain a technological advantage on the + battlefield, and accelerate the deployment of new commercial + products and services enabled by 5G networks throughout the + Department of Defense; and + (2) a plan for implementing the strategy developed under + paragraph (1). + (b) Elements.--The strategy required under subsection (a) shall +include the following elements: + (1) Adoption and use of secure fourth generation (commonly + known as ``4G'') communications technologies and the transition to + advanced and secure 5G communications technologies for military + applications and for military infrastructure. + (2) Science, technology, research, and development efforts to + facilitate the advancement and adoption of 5G technology and new + uses of 5G systems, subsystems, and components, including-- + (A) 5G testbeds for developing military and dual-use + applications; and + (B) spectrum-sharing technologies and frameworks. + (3) Strengthening engagement and outreach with industry, + academia, international partners, and other departments and + agencies of the Federal Government on issues relating to 5G + technology and the deployment of such technology, including + development of a common industrial base for secure + microelectronics. + (4) Defense industrial base supply chain risk, management, and + opportunities. + (5) Preserving the ability of the Joint Force to achieve + objectives in a contested and congested spectrum environment. + (6) Strengthening the ability of the Joint Force to conduct + full spectrum operations that enhance the military advantages of + the United States. + (7) Securing the information technology and weapon systems of + the Department against malicious activity. + (8) Advancing the deployment of secure 5G networks nationwide. + (9) Such other matters as the Secretary of Defense determines + to be relevant. + (c) Consultation.--In developing the strategy and implementation +plan required under subsection (a), the Secretary of Defense shall +consult with the following: + (1) The Chief Information Officer of the Department of Defense. + (2) The Under Secretary of Defense for Research and + Engineering. + (3) The Under Secretary of Defense for Acquisition and + Sustainment. + (4) The Under Secretary of Defense for Intelligence. + (5) Service Acquisition Executives of each military service. + (d) Periodic Briefings.-- + (1) In general.--Not later than March 15, 2020, and not less + frequently than once every three months thereafter through March + 15, 2022, the Secretary of Defense shall provide to the + congressional defense committees a briefing on the development and + implementation of the strategy required under subsection (a), + including an explanation of how the Department of Defense-- + (A) is using secure 5G wireless network technology; + (B) is reshaping the Department's policy for producing and + procuring secure microelectronics; and + (C) is working in the interagency and internationally to + develop common policies and approaches. + (2) Elements.--Each briefing under paragraph (1) shall include + information on-- + (A) efforts to ensure a secure supply chain for 5G wireless + network equipment and microelectronics; + (B) the continued availability of electromagnetic spectrum + for warfighting needs; + (C) planned implementation of 5G wireless network + infrastructure in warfighting networks, base infrastructure, + defense-related manufacturing, and logistics; + (D) steps taken to work with allied and partner countries + to protect critical networks and supply chains; and + (E) such other topics as the Secretary of Defense considers + relevant. + SEC. 255. DEPARTMENT-WIDE SOFTWARE SCIENCE AND TECHNOLOGY STRATEGY. + (a) Designation of Senior Official.--Not later than 180 days after +the date of the enactment of this Act, the Secretary of Defense, acting +through the Under Secretary of Defense for Research and Engineering and +in consultation with the Under Secretary of Defense for Acquisition and +Sustainment and appropriate public and private sector organizations, +shall designate a single official or existing entity within the +Department of Defense as the official or entity (as the case may be) +with principal responsibility for guiding the development of science +and technology activities related to next generation software and +software reliant systems for the Department, including-- + (1) research and development activities on new technologies for + the creation of highly secure, scalable, reliable, time-sensitive, + and mission-critical software; + (2) research and development activities on new approaches and + tools to software development and deployment, testing, integration, + and next generation software management tools to support the rapid + insertion of such software into defense systems; + (3) foundational scientific research activities to support + advances in software; + (4) technical workforce and infrastructure to support defense + science and technology and software needs and mission requirements; + (5) providing capabilities, including technologies, systems, + and technical expertise to support improved acquisition of software + reliant business and warfighting systems; and + (6) providing capabilities, including technologies, systems, + and technical expertise to support defense operational missions + which are reliant on software. + (b) Development of Strategy.--The official or entity designated +under subsection (a) shall develop a Department-wide strategy for the +research and development of next generation software and software +reliant systems for the Department of Defense, including strategies +for-- + (1) types of software-related activities within the science and + technology portfolio of the Department; + (2) investment in new approaches to software development and + deployment, and next generation management tools; + (3) ongoing research and other support of academic, commercial, + and development community efforts to innovate the software + development, engineering, and testing process, automated testing, + assurance and certification for safety and mission critical + systems, large scale deployment, and sustainment; + (4) to the extent practicable, implementing or continuing the + implementation of the recommendations set forth in-- + (A) the final report of the Defense Innovation Board + submitted to the congressional defense committees under section + 872 of the National Defense Authorization Act for Fiscal Year + 2018 (Public Law 115-91; 131 Stat. 1497); + (B) the final report of the Defense Science Board Task + Force on the Design and Acquisition of Software for Defense + Systems described in section 868 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232; 10 U.S.C. 2223 note); and + (C) other relevant studies on software research, + development, and acquisition activities of the Department of + Defense. + (5) supporting the acquisition, technology development, + testing, assurance, and certification and operational needs of the + Department through the development of capabilities, including + personnel and research and production infrastructure, and programs + in-- + (A) the science and technology reinvention laboratories (as + designated under section 1105 of the National Defense + Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 + U.S.C. 2358 note)); + (B) the facilities of the Major Range and Test Facility + Base (as defined in section 2358a(f)(3) of title 10, United + States Code); + (C) the Defense Advanced Research Projects Agency; and + (D) universities, federally funded research and development + centers, and service organizations with activities in software + engineering; and + (6) the transition of relevant capabilities and technologies to + relevant programs of the Department, including software-reliant + cyber-physical systems, tactical systems, enterprise systems, and + business systems. + (c) Submittal to Congress.--Not later than one year after the date +of the enactment of this Act, the official or entity designated under +subsection (a) shall submit to the congressional defense committees the +strategy developed under subsection (b). + SEC. 256. ARTIFICIAL INTELLIGENCE EDUCATION STRATEGY. + (a) Strategy Required.-- + (1) In general.--The Secretary of Defense shall develop a + strategy for educating servicemembers in relevant occupational + fields on matters relating to artificial intelligence. + (2) Elements.--The strategy developed under subsection (a) + shall include a curriculum designed to give servicemembers a basic + knowledge of artificial intelligence. The curriculum shall include + instruction in-- + (A) artificial intelligence design; + (B) software coding; + (C) potential military applications for artificial + intelligence; + (D) the impact of artificial intelligence on military + strategy and doctrine; + (E) artificial intelligence decisionmaking via machine + learning and neural networks; + (F) ethical issues relating to artificial intelligence; + (G) the potential biases of artificial intelligence; + (H) potential weakness in artificial intelligence + technology; + (I) opportunities and risks; and + (J) any other matters the Secretary of Defense determines + to be relevant. + (b) Implementation Plan.--The Secretary of Defense shall develop a +plan for implementing the strategy developed under subsection (a). + (c) Submittal to Congress.--Not later than 270 days after the date +of the enactment of this Act, the Secretary of Defense shall submit to +the congressional defense committees-- + (1) the strategy developed under subsection (a); and + (2) the implementation plan developed under subsection (b). + SEC. 257. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES ROADMAP AND + REPORTS. + (a) Roadmap for Science and Technology Activities to Support +Development of Cyber Capabilities.-- + (1) Roadmap required.--The Secretary of Defense, acting through + the Under Secretary of Defense for Research and Engineering, shall + develop a roadmap for science and technology activities of the + Department of Defense to support development of cyber capabilities + to meet Department needs and missions. + (2) Goal of consistency.--The Secretary shall develop the + roadmap required by paragraph (1) to ensure consistency with + appropriate Federal interagency, industry, and academic activities. + (3) Scope.--The roadmap required by paragraph (1) shall-- + (A) cover the development of capabilities that will likely + see operational use within the next 25 years or earlier; and + (B) address cyber operations and cybersecurity. + (4) Consultation.--The Secretary shall develop the roadmap + required by paragraph (1) in consultation with the following: + (A) The Chief Information Officer of the Department. + (B) The secretaries and chiefs of the military departments. + (C) The Director of Operational Test and Evaluation. + (D) The Commander of the United States Cyber Command. + (E) The Director of the National Security Agency. + (F) The Director of the Defense Information Systems Agency. + (G) The Director of the Defense Advanced Research Projects + Agency. + (H) The Director of the Defense Digital Service. + (I) Such interagency partners as the Secretary considers + appropriate. + (5) Form.--The Secretary shall develop the roadmap required by + paragraph (1) in unclassified form, but may include a classified + annex. + (6) Publication.--The Secretary shall make available to the + public the unclassified form of the roadmap developed pursuant to + paragraph (1). + (b) Annual Report on Cyber Science and Technology Activities.-- + (1) Annual reports required.--In fiscal years 2021, 2022, and + 2023, the Under Secretary of Defense for Research and Engineering + shall submit to the congressional defense committees a report on + the science and technology activities within the Department of + Defense relating to cyber matters during the previous fiscal year, + the current fiscal year, and the following fiscal year. + (2) Contents.--Each report submitted pursuant to paragraph (1) + shall include, for the period covered by the report, a description + and listing of the science and technology activities of the + Department relating to cyber matters, including the following: + (A) Extramural science and technology activities. + (B) Intramural science and technology activities. + (C) Major and minor military construction activities. + (D) Major prototyping and demonstration programs. + (E) A list of agreements and activities to transition + capabilities to acquisition activities, including-- + (i) national security systems; + (ii) business systems; and + (iii) enterprise and network systems. + (F) Efforts to enhance the national technical cybersecurity + workforce, including specific programs to support education, + training, internships, and hiring. + (G) Efforts to perform cooperative activities with + international partners. + (H) Efforts under the Small Business Innovation Research + and the Small Business Technology Transfer Program, including + estimated amounts to be expected in the following fiscal year. + (I) Efforts to encourage partnerships between the + Department of Defense and universities participating in the + National Centers of Academic Excellence in Cyber Operations and + Cyber Defense. + (3) Timing.--Each report submitted pursuant to paragraph (1) + shall be submitted concurrently with the annual budget request of + the President submitted pursuant to section 1105 of title 31, + United States Code. + (4) Form.--The report submitted under paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + SEC. 258. REPORT ON B-52 COMMERCIAL ENGINE REPLACEMENT PROGRAM. + (a) Documentation Required.--The Secretary of the Air Force shall +submit to the congressional defense committees a report on the B-52 +commercial engine replacement program of the Air Force. + (b) Contents.--The report submitted under subsection (a) shall +include the following: + (1) The acquisition strategy of the Secretary for the program. + (2) The cost and schedule estimates of the Secretary for the + program. + (3) The key performance parameters or equivalent requirements + document for the program. + (4) The test and evaluation strategy of the Secretary for the + program. + (5) The logistics strategy of the Secretary for the program. + (6) The post-production fielding strategy of the Secretary for + the program. + (7) An assessment of the potential for the commercial engine + replacement to achieve nuclear system certification. + (c) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2020 for the Air Force, +not more than 75 percent may be obligated or expended until the date on +which the Secretary of the Air Force submits to the congressional +defense committees the report required by subsection (a). + SEC. 259. COMMERCIAL EDGE COMPUTING TECHNOLOGIES AND BEST PRACTICES + FOR DEPARTMENT OF DEFENSE WARFIGHTING SYSTEMS. + (a) Report Required.--Not later than 120 days after the date of the +enactment of this Act, the Under Secretary of Defense for Acquisition +and Sustainment shall submit to the congressional defense committees a +report on commercial edge computing technologies and best practices for +Department of Defense warfighting systems. + (b) Contents.--The report submitted under subsection (a) shall +include the following: + (1) Identification of initial warfighting system programs of + record that will benefit most from accelerated insertion of + commercial edge computing technologies and best practices, + resulting in significant near-term improvement in system + performance and mission capability. + (2) The plan of the Department of Defense to provide additional + funding for the systems identified in paragraph (1) to achieve + fielding of accelerated commercial edge computing technologies + before or during fiscal year 2021. + (3) The plan of the Department to identify, manage, and provide + additional funding for commercial edge computing technologies more + broadly over the next four fiscal years where appropriate for-- + (A) command, control, communications, and intelligence + systems; + (B) logistics systems; and + (C) other mission-critical systems. + (4) A detailed description of the policies, procedures, + budgets, and accelerated acquisition and contracting mechanisms of + the Department for near-term insertion of commercial edge computing + technologies and best practices into military mission-critical + systems. + SEC. 260. BIANNUAL REPORT ON THE JOINT ARTIFICIAL INTELLIGENCE + CENTER. + (a) Reports Required.--Not later than 180 days after the date of +the enactment of this Act and biannually thereafter through the end of +2023, the Secretary of Defense shall submit to the congressional +defense committees a report on the Joint Artificial Intelligence Center +(referred to in this section as the ``Center''). + (b) Elements.--Each report under subsection (a) shall include the +following: + (1) Information relating to the mission and objectives of the + Center. + (2) A description of the National Mission Initiatives, + Component Mission Initiatives, and any other initiatives of the + Center, including a description of-- + (A) the activities carried out under the initiatives; + (B) any investments made or contracts entered into under + the initiatives; and + (C) the progress of the initiatives. + (3) A description of how the Center has sought to leverage + lessons learned, share best practices, avoid duplication of + efforts, and transition artificial intelligence research efforts + into operational capabilities by-- + (A) collaborating with other organizations and elements of + the Department of Defense, including the Defense Agencies and + the military departments; and + (B) deconflicting the activities of the Center with the + activities of other organizations and elements of the + Department. + (4) A description of any collaboration between-- + (A) the Center and the private sector, national + laboratories, and academia; and + (B) the Center and international allies and partners. + (5) The total number of military, contractor, and civilian + personnel who are employed by the Center, assigned to the Center, + and performing functions in support of the Center. + (6) A description of the organizational structure and staffing + of the Center. + (7) A detailed description of the frameworks, metrics, and + capabilities established to measure the effectiveness of the Center + and the Center's investments in the National Mission Initiatives + and Component Mission Initiatives. + (8) A description of any new policies, standards, or guidance + relating to artificial intelligence that have been issued by the + Chief Information Officer of the Department. + (9) Identification of any ethical guidelines applicable to the + use of artificial intelligence by the Department. + (10) A description of any steps taken by the Center to protect + systems that use artificial intelligence from any attempts to + misrepresent or alter information used or provided by artificial + intelligence. + (c) Joint Artificial Intelligence Center Defined.--In this section, +the term ``Joint Artificial Intelligence Center'' means the Joint +Artificial Intelligence Center of the Department of Defense established +pursuant to section 238 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. +2358 note). + SEC. 261. QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING + VEHICLE PROGRAM. + (a) In General.--Beginning not later than December 1, 2019, and on +a quarterly basis thereafter through October 1, 2022, the Assistant +Secretary shall provide to the Committees on Armed Services of the +Senate and the House of Representatives a briefing on the progress of +the Optionally Manned Fighting Vehicle program of the Army. + (b) Elements.--Each briefing under subsection (a) shall include, +with respect to the Optionally Manned Fighting Vehicle program, the +following elements: + (1) An overview of funding for the program, including + identification of-- + (A) any obligations and expenditures that have been made + under the program; and + (B) any obligations and expenditures that are planned for + the program. + (2) An overview of the program schedule. + (3) An assessment of the status of the program with respect + to-- + (A) the development and approval of technical requirements; + (B) technological maturity; + (C) testing; + (D) delivery; and + (E) program management. + (4) Any other matters that the Assistant Secretary considers + relevant to a full understanding of the status and plans of the + program. + (c) Assistant Secretary Defined.--In this section, the term +``Assistant Secretary'' means the Assistant Secretary of the Army for +Acquisition, Logistics, and Technology (or the designee of the +Assistant Secretary), in consultation with the Commander of the Army +Futures Command (or the designee of the Commander). + SEC. 262. NATIONAL STUDY ON DEFENSE RESEARCH AT HISTORICALLY BLACK + COLLEGES AND UNIVERSITIES AND OTHER MINORITY INSTITUTIONS. + (a) Study Required.--The Secretary of Defense shall seek to enter +into an agreement with the National Academies of Sciences, Engineering, +and Medicine (referred to in this section as the ``National +Academies'') under which the National Academies will conduct a study on +the status of defense research at covered institutions and the methods +and means necessary to advance research capacity at covered +institutions to comprehensively address the national security and +defense needs of the United States. + (b) Designation.--The study conducted under subsection (a) shall be +known as the ``National Study on Defense Research At Historically Black +Colleges and Universities and Other Minority Institutions''. + (c) Elements.--The study conducted under subsection (a) shall +include an examination of each of the following: + (1) The degree to which covered institutions are successful in + competing for and executing Department of Defense contracts and + grants for defense research. + (2) Best practices for advancing the capacity of covered + institutions to compete for and conduct research programs related + to national security and defense. + (3) The advancements and investments necessary to elevate + covered institutions to R2 status or R1 status on the Carnegie + Classification of Institutions of Higher Education, consistent with + the criteria of the classification system. + (4) The facilities and infrastructure for defense-related + research at covered institutions as compared to the facilities and + infrastructure at institutions classified as R1 status on the + Carnegie Classification of Institutions of Higher Education. + (5) Incentives to attract, recruit, and retain leading research + faculty to covered institutions. + (6) Best practices of institutions classified as R1 status on + the Carnegie Classification of Institutions of Higher Education, + including best practices with respect to-- + (A) the establishment of a distinct legal entity to-- + (i) enter into contracts or receive grants from the + Department; + (ii) lay the groundwork for future research + opportunities; + (iii) develop research proposals; + (iv) engage with defense research funding + organizations; and + (v) execute the administration of grants; and + (B) determining the type of legal entity, if any, to + establish for the purposes described in subparagraph (A). + (7) The ability of covered institutions to develop, protect, + and commercialize intellectual property created through defense- + related research. + (8) The total amount of defense research funding awarded to all + institutions of higher education, including covered institutions, + through contracts and grants for each of fiscal years 2010 through + 2019 and, with respect to each such institution-- + (A) whether the institution established a distinct legal + entity to enter into contracts or receive grants from the + Department and, if so, the type of legal entity that was + established; + (B) the total value of contracts and grants awarded to the + institution of higher education for each of fiscal years 2010 + through 2019; + (C) the overhead rate of the institution of higher + education for fiscal year 2019; + (D) the institution's classification on the Carnegie + Classification of Institutions of Higher Education; and + (E) whether the institution qualifies as a covered + institution. + (9) Recommendations for strengthening and enhancing the + programs executed under section 2362 of title 10, United States + Code. + (10) Recommendations to enhance the capacity of covered + institutions to transition research products into defense + acquisition programs or commercialization. + (11) Previous executive or legislative actions by the Federal + Government to address imbalances in Federal research funding, + including such programs as the Defense Established Program to + Stimulate Competitive Research (commonly known as ``DEPSCoR''). + (12) The effectiveness of the Department in attracting and + retaining students specializing in science, technology, + engineering, and mathematics fields from covered institutions for + the Department's programs on emerging capabilities and + technologies. + (13) Recommendations for the development of incentives to + encourage research and educational collaborations between covered + institutions and other institutions of higher education. + (14) Any other matters the Secretary of Defense determines to + be relevant to advancing the defense research capacity of covered + institutions. + (d) Reports.-- + (1) Initial report.--Not later than 180 days after the date of + the enactment of this Act, the Secretary of Defense shall submit to + the President and the appropriate congressional committees an + initial report that includes-- + (A) the findings of the study conducted under subsection + (a); and + (B) any recommendations that the National Academies may + have for action by the executive branch and Congress to improve + the participation of covered institutions in Department of + Defense research and any actions that may be carried out to + expand the research capacity of such institutions. + (2) Final report.--Not later than December 31, 2021, the + Secretary of Defense shall submit to the President and the + appropriate congressional committees a comprehensive report on the + results of the study required under subsection (a). + (3) Form of reports.--Each report submitted under this + subsection shall be made publicly available. + (e) Implementation Required.-- + (1) In general.--Except as provided in paragraph (2), not later + than March 1, 2022, the Secretary of Defense shall commence + implementation of each recommendation included in the final report + submitted under subsection (d)(2). + (2) Exceptions.-- + (A) Delayed implementation.--The Secretary of Defense may + commence implementation of a recommendation described paragraph + (1) later than March 1, 2022, if-- + (i) the Secretary submits to the congressional defense + committees written notice of the intent of the Secretary to + delay implementation of the recommendation; and + (ii) includes, as part of such notice, a specific + justification for the delay in implementing the + recommendation. + (B) Nonimplementation.--The Secretary of Defense may elect + not to implement a recommendation described in paragraph (1), + if-- + (i) the Secretary submits to the congressional defense + committees written notice of the intent of the Secretary + not to implement the recommendation; and + (ii) includes, as part of such notice-- + + (I) the reasons for the Secretary's decision not to + implement the recommendation; and + (II) a summary of alternative actions the Secretary + will carry out to address the purposes underlying the + recommendation. + + (3) Implementation plan.--For each recommendation that the + Secretary implements under this subsection, the Secretary shall + submit to the congressional defense committees an implementation + plan that includes-- + (A) a summary of actions that have been, or will be, + carried out to implement the recommendation; and + (B) a schedule, with specific milestones, for completing + the implementation of the recommendation. + (f) List of Covered Institutions.--The Secretary of Defense, in +consultation with the Secretary of Education and the Presidents of the +National Academies, shall make available a list identifying each +covered institution examined as part of the study under subsection (a). +The list shall be made available on a publicly accessible website and +shall be updated not less frequently than once annually until the date +on which the final report is submitted under subsection (d)(2). + (g) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' means-- + (A) the congressional defense committees; + (B) the Committee on Health, Education, Labor, and Pensions + of the Senate; and + (C) the Committee on Education and Labor of the House of + Representatives. + (2) The term ``covered institution'' means-- + (A) a part B institution (as that term is defined in + section 322(2) of the Higher Education Act of 1965 (20 U.S.C. + 1061(2)); or + (B) any other institution of higher education (as that term + is defined in section 101 of such Act (20 U.S.C. 1001)) at + which not less than 50 percent of the total student enrollment + consists of students from ethnic groups that are + underrepresented in the fields of science and engineering. + SEC. 263. STUDY ON NATIONAL SECURITY EMERGING BIOTECHNOLOGIES FOR + THE DEPARTMENT OF DEFENSE. + (a) Study Required.-- + (1) In general.--Not later than 30 days after the date of the + enactment of this Act, the Secretary of Defense shall direct the + Defense Science Board to carry out a study on emerging + biotechnologies pertinent to national security. + (2) Participation.--Participants in the study shall include the + following: + (A) Such members of the Board as the Chairman of the Board + considers appropriate for the study. + (B) Such additional temporary members or contracted support + as the Secretary-- + (i) selects from those recommended by the Chairman for + purposes of the study; and + (ii) considers to have significant technical, policy, + or military expertise. + (3) Elements.--The study conducted pursuant to paragraph (1) + shall include the following: + (A) A review of the military understanding and relevancy of + applications of emerging biotechnologies to national security + requirements of the Department of Defense, including-- + (i) a review of all research and development relating + to emerging biotechnologies within the Department of + Defense, including areas that demand further priority and + investment; + (ii) a review of interagency cooperation and + collaboration on research and development relating to + emerging biotechnologies between-- + + (I) the Department; + (II) other departments and agencies in the Federal + Government; and + (III) appropriate private sector entities that are + involved in research and development relating to + emerging biotechnologies; + + (iii) an assessment of current biotechnology research + in the commercial sector, institutions of higher education, + the intelligence community, and civilian agencies of the + Federal Government relevant to critical Department of + Defense applications of this research; + (iv) an assessment of the potential national security + risks of emerging biotechnologies, including risks relating + to foreign powers advancing their use of emerging + biotechnologies for military applications and other + purposes faster than the Department; and + (v) an assessment of the knowledge base of the + Department with respect to emerging biotechnologies, + including scientific expertise and infrastructure in the + Department and the capacity of the Department to integrate + emerging biotechnologies into its operational concepts, + capabilities, and forces. + (B) An assessment of the technical basis within the + Department used to inform the intelligence community of the + Department's collection and analysis needs relating to emerging + biotechnologies. + (C) Development of a recommendation on a definition of + emerging biotechnologies, as appropriate for the Department. + (D) Development of such recommendations as the Board may + have for legislative or administrative action relating to + national security emerging biotechnologies for the Department. + (4) Access to information.--The Secretary shall provide the + Board with timely access to appropriate information, data, + resources, and analysis so that the Board may conduct a thorough + and independent analysis as required under this section. + (5) Report.--(A) Not later than one year after the date on + which the Secretary directs the Board to conduct the study pursuant + to paragraph (1), the Board shall transmit to the Secretary a final + report on the study. + (B) Not later than 30 days after the date on which the + Secretary receives the final report under subparagraph (A), the + Secretary shall submit to the congressional defense committees such + report and such comments as the Secretary considers appropriate. + (b) Briefing Required.--Not later than 90 days after the date of +the enactment of this Act, the Secretary of Defense shall provide the +congressional defense committees a briefing on potential national +security risks of emerging biotechnologies, including risks relating to +foreign powers advancing their use of emerging biotechnologies for +military applications and other purposes faster than the Department. + SEC. 264. INDEPENDENT STUDY ON OPTIMIZING RESOURCES ALLOCATED TO + COMBATING TERRORISM TECHNICAL SUPPORT OFFICE. + (a) Independent Study.--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 +under which the center will conduct a study on the optimal use of +resources allocated to the Combating Terrorism Technical Support +Office. + (b) Elements of Study.--In carrying out the study referred to in +subsection (a), the federally funded research and development center +with which the Secretary enters into a contract under such subsection +shall-- + (1) evaluate the current mission and organization of the + Combating Terrorism Technical Support Office and its relation to + the objectives outlined in the National Defense Strategy; + (2) assess the extent to which the activities of the Combating + Terrorism Technical Support Office are complementary to and + coordinated with other relevant activities by other Department of + Defense entities, including activities of the Under Secretary of + Defense for Research and Engineering, the Under Secretary of + Defense for Acquisition and Sustainment, United States Special + Operations Command, and the military departments; and + (3) identify opportunities to improve the efficiency and + effectiveness of the Combating Terrorism Technical Support Office, + including through increased coordination, realignment, or + consolidation with other entities of the Department of Defense, if + appropriate. + (c) Submission to Department of Defense.--Not later than 180 days +after the date of the enactment of this Act, the federally funded +research and development center that conducts the study under +subsection (a) shall submit to the Secretary of Defense a report on the +results of the study in both classified and unclassified form. + (d) Submission to Congress.--Not later than 30 days after the date +on which the Secretary of Defense receives the report under subsection +(c), the Secretary shall submit to the congressional defense committees +an unaltered copy of the report in both classified and unclassified +form, and such comments as the Secretary may have with respect to the +report. + SEC. 265. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE PLANS AND + PROGRAMS. + (a) Assessment.--Not later than 120 days after the date of the +enactment of this Act and pursuant to the arrangement entered into +under section 222, the Secretary of Defense shall seek to engage the +private scientific advisory group known as ``JASON'' to carry out an +independent assessment of electronic warfare plans and programs. + (b) Elements.--In carrying out the assessment under subsection (a), +JASON shall-- + (1) assess the strategies, programs, order of battle, and + doctrine of the Department of Defense related to the electronic + warfare mission area and electromagnetic spectrum operations; + (2) assess the strategies, programs, order of battle, and + doctrine of potential adversaries, such as China, Iran, and the + Russian Federation, related to the such mission area and + operations; + (3) develop recommendations for improvements to the strategies, + programs, and doctrine of the Department of Defense in order to + enable the United States to achieve and maintain superiority in the + electromagnetic spectrum in future conflicts; and + (4) develop recommendations for the Secretary of Defense, + Congress, and such other Federal entities as JASON considers + appropriate, including recommendations for-- + (A) closing technical, policy, or resource gaps; + (B) improving cooperation and appropriate integration + within the Department of Defense entities; + (C) improving cooperation between the United States and + other countries and international organizations as appropriate; and - (2) assess whether its practices are encouraging or - constraining technology diffusion where desirable. - (b) Elements.--The review and assessment required by subsection (a) -shall include consideration of the following: - (1) The retention or relinquishment by the Department of - intellectual property rights and the effect thereof. - (2) The granting by the Department of exclusive commercial - rights and the effect thereof. - (3) The potential of research prizes, vice payment and - exclusive commercial rights, on contract as remuneration for - science and technology activities. - (4) The potential of science and technology programs with - intellectual property strategies that do not include - commercialization monopolies. - (5) The potential of establishing price ceilings for - licenses and commercial sale mandates to discourage selective - commercial hoarding. - (6) The activities of the Department in effect on the day - before the date of the enactment of this Act to promulgate to - approved users in the commercial sector the intellectual - property that the Department retains and their potential - applications. - (7) Such other major factors as may inhibit the diffusion - of Department-funded technology in the commercial sector where - desirable. - (c) University Partnership.--In carrying out subsection (a), the -Under Secretary shall partner with a business school or law school of a -university with resident economics and intellectual property expertise. - (d) Report.-- - (1) In general.--Not later than May 1, 2020, the Under - Secretary shall submit to the congressional defense committees - a report on the findings of the Under Secretary with respect to - the review and assessment required by subsection (a). - (2) Recommendations.--The report required by paragraph (1) - shall include such recommendations as the Under Secretary may - have for legislative or administrative action to improve the - diffusion of the intellectual property and technology of the - science and technology enterprise of the Department. + (D) such other important matters identified by JASON that + are directly relevant to the strategies of the Department of + Defense described in paragraph (3). + (c) Liaisons.--The Secretary of Defense shall appoint appropriate +liaisons to JASON to support the timely conduct of the services covered +by this section. + (d) Materials.--The Secretary of Defense shall provide access to +JASON to materials relevant to the services covered by this section, +consistent with the protection of sources and methods and other +critically sensitive information. + (e) Clearances.--The Secretary of Defense shall ensure that +appropriate members and staff of JASON have the necessary clearances, +obtained in an expedited manner, to conduct the services covered by +this section. + (f) Report.--Not later than October 1, 2020, the Secretary of +Defense shall submit to the congressional defense committees a report +on the results of the assessment carried out under subsection (a), +including-- + (1) the results of the assessment with respect to each element + described in subsection (b); + (2) the recommendations developed by JASON pursuant to such + subsection. + (g) Relationship to Other Law.--The assessment required under +subsection (a) is separate and independent from the assessment +described in section 255 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +1705) and shall be carried out without regard to any agreement entered +into under that section or the results of any assessment conducted +pursuant to such agreement. + SEC. 266. TECHNICAL CORRECTION TO GLOBAL RESEARCH WATCH PROGRAM. + Section 2365 of title 10, United States Code, is amended-- + (1) in subsections (a) and (d)(2), by striking ``Assistant + Secretary of Defense for Research and Engineering'' both places it + appears and inserting ``Under Secretary of Defense for Research and + Engineering''; + (2) in subsections (d)(3) and (e), by striking ``Assistant + Secretary'' both places it appears and inserting ``Under Secretary + of Defense for Research and Engineering''; and + (3) in subsection (d), by striking ``Assistant Secretary'' both + places it appears and inserting ``Under Secretary''. TITLE III--OPERATION AND MAINTENANCE - Subtitle A--Authorization of Appropriations + Subtitle A--Authorization of Appropriations -SEC. 301. AUTHORIZATION OF APPROPRIATIONS. +Sec. 301. Authorization of appropriations. - Funds are hereby authorized to be appropriated for fiscal year 2020 -for the use of the Armed Forces and other activities and agencies of -the Department of Defense for expenses, not otherwise provided for, for -operation and maintenance, as specified in the funding table in section + Subtitle B--Energy and Environment + +Sec. 311. Timeline for Clearinghouse review of applications for energy + projects that may have an adverse impact on military + operations and readiness. +Sec. 312. Authority to accept contributions of funds from applicants for + energy projects for mitigation of impacts on military + operations and readiness. +Sec. 313. Use of proceeds from sale of recyclable materials. +Sec. 314. Disposal of recyclable materials. +Sec. 315. Department of Defense improvement of previously conveyed + utility systems serving military installations. +Sec. 316. Modification of Department of Defense environmental + restoration authorities to include Federal Government + facilities used by National Guard. +Sec. 317. Use of operational energy cost savings of Department of + Defense. +Sec. 318. Sale of electricity from alternate energy and cogeneration + production facilities. +Sec. 319. Energy resilience programs and activities. +Sec. 320. Technical and grammatical corrections and repeal of obsolete + provisions relating to energy. +Sec. 321. Transfer authority for funding of study and assessment on + health implications of per- and polyfluoroalkyl substances + contamination in drinking water by Agency for Toxic Substances + and Disease Registry. +Sec. 322. Replacement of fluorinated aqueous film-forming foam with + fluorine-free fire-fighting agent. +Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous + film-forming foam at military installations. +Sec. 324. Prohibition on use of fluorinated aqueous film forming foam + for training exercises. +Sec. 325. Real-time sound-monitoring at Navy installations where + tactical fighter aircraft operate. +Sec. 326. Development of extreme weather vulnerability and risk + assessment tool. +Sec. 327. Removal of barriers that discourage investments to increase + military installation resilience. +Sec. 328. Budgeting of Department of Defense relating to extreme + weather. +Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl + Substances in Meals Ready-to-Eat Food Packaging. +Sec. 330. Disposal of materials containing per- and polyfluoroalkyl + substances or aqueous film-forming foam. +Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl + and polyfluoroalkyl substances and other contaminants of + concern. +Sec. 332. Cooperative agreements with States to address contamination by + perfluoroalkyl and polyfluoroalkyl substances. +Sec. 333. Plan to phase out use of burn pits. +Sec. 334. Information relating to locations of burn pit use. +Sec. 335. Data quality review of radium testing conducted at certain + locations of the Department of the Navy. +Sec. 336. Reimbursement of Environmental Protection Agency for certain + costs in connection with the Twin Cities Army Ammunition + Plant, Minnesota. +Sec. 337. Pilot program for availability of working-capital funds for + increased combat capability through energy optimization. +Sec. 338. Report on efforts to reduce high energy intensity at military + installations. + + Subtitle C--Treatment of Contaminated Water Near Military Installations + +Sec. 341. Short title. +Sec. 342. Definitions. +Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid + (PFOA) and perfluorooctane sulfonate (PFOS) for agricultural + purposes. +Sec. 344. Acquisition of real property by Air Force. +Sec. 345. Remediation plan. + + Subtitle D--Logistics and Sustainment + +Sec. 351. Materiel readiness metrics and objectives. +Sec. 352. Clarification of authority regarding use of working-capital + funds for unspecified minor military construction projects + related to revitalization and recapitalization of defense + industrial base facilities. +Sec. 353. Modification to limitation on length of overseas forward + deployment of naval vessels. +Sec. 354. Extension of temporary installation reutilization authority + for arsenals, depots, and plants. +Sec. 355. F-35 Joint Strike Fighter sustainment. +Sec. 356. Report on strategic policy for prepositioned materiel and + equipment. +Sec. 357. Pilot program to train skilled technicians in critical + shipbuilding skills. +Sec. 358. Requirement for military department inter-service depot + maintenance. +Sec. 359. Strategy to improve infrastructure of certain depots of the + Department of Defense. + + Subtitle E--Reports + +Sec. 361. Readiness reporting. +Sec. 362. Technical correction to deadline for transition to Defense + Readiness Reporting System Strategic. +Sec. 363. Report on Navy ship depot maintenance budget. +Sec. 364. Report on Runit Dome. +Sec. 365. Prohibition on subjective upgrades by commanders of unit + ratings in monthly readiness reporting on military units. +Sec. 366. Requirement to include foreign language proficiency in + readiness reporting systems of Department of Defense. + + Subtitle F--Other Matters + +Sec. 371. Prevention of encroachment on military training routes and + military operations areas. +Sec. 372. Expansion and enhancement of authorities on transfer and + adoption of military animals. +Sec. 373. Extension of authority for Secretary of Defense to use + Department of Defense reimbursement rate for transportation + services provided to certain non-Department of Defense + entities. +Sec. 374. Extension of authority of Secretary of Transportation to issue + non-premium aviation insurance. +Sec. 375. Defense personal property program. +Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility. +Sec. 377. Sense of Congress regarding Innovative Readiness Training + program. +Sec. 378. Detonation chambers for explosive ordnance disposal. + + Subtitle A--Authorization of Appropriations + + SEC. 301. AUTHORIZATION OF APPROPRIATIONS. + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for expenses, not otherwise provided for, for +operation and maintenance, as specified in the funding table in section 4301. Subtitle B--Energy and Environment -SEC. 311. USE OF OPERATIONAL ENERGY COST SAVINGS OF DEPARTMENT OF - DEFENSE. - + SEC. 311. TIMELINE FOR CLEARINGHOUSE REVIEW OF APPLICATIONS FOR + ENERGY PROJECTS THAT MAY HAVE AN ADVERSE IMPACT ON MILITARY + OPERATIONS AND READINESS. + Section 183a(c)(1) of title 10, United States Code, is amended by +striking ``60 days'' and inserting ``75 days''. + SEC. 312. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS FROM + APPLICANTS FOR ENERGY PROJECTS FOR MITIGATION OF IMPACTS ON + MILITARY OPERATIONS AND READINESS. + Section 183a(f) of title 10, United States Code, is amended by +striking ``for a project filed with the Secretary of Transportation +pursuant to section 44718 of title 49'' and inserting ``for an energy +project''. + SEC. 313. USE OF PROCEEDS FROM SALE OF RECYCLABLE MATERIALS. + Section 2577(c) of title 10, United States Code, is amended by +striking ``$2,000,000'' and inserting ``$10,000,000''. + SEC. 314. DISPOSAL OF RECYCLABLE MATERIALS. + Section 2577(a) of title 10, United States Code, is amended by +adding at the end the following new paragraph: + ``(3) In this section, the term `recyclable materials' may include +any quality recyclable material provided to the Department by a State +or local government entity, if such material is authorized by the +Office of the Secretary of Defense and identified in the regulations +prescribed under paragraph (1).''. + SEC. 315. DEPARTMENT OF DEFENSE IMPROVEMENT OF PREVIOUSLY CONVEYED + UTILITY SYSTEMS SERVING MILITARY INSTALLATIONS. + Section 2688 of title 10, United States Code, is amended-- + (1) by redesignating subsection (k) as subsection (l); and + (2) by inserting after subsection (j) the following new + subsection (k): + ``(k) Improvement of Conveyed Utility Systems.--In the case of a +utility system that is conveyed under this section and that only +provides utility services to a military installation, the Secretary +concerned may use amounts authorized to be appropriated for military +construction to improve the reliability, resilience, efficiency, +physical security, or cybersecurity of the utility system.''. + SEC. 316. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRONMENTAL + RESTORATION AUTHORITIES TO INCLUDE FEDERAL GOVERNMENT FACILITIES + USED BY NATIONAL GUARD. + (a) In General.--Section 2707 of title 10, United States Code, is +amended by adding at the end the following new subsection: + ``(e) Authority for National Guard Projects.--Notwithstanding +subsection (a) of this section and section 2701(c)(1) of this title, +the Secretary concerned may use funds described in subsection (c) to +carry out an environmental restoration project at a facility in +response to perfluorooctanoic acid or perfluorooctane sulfonate +contamination under this chapter or CERCLA.''. + (b) Definition of Facility.--Section 2700(2) of such title is +amended-- + (1) by striking ``The terms'' and inserting ``(A) The terms''; + and + (2) by adding at the end the following new subparagraph: + ``(B) The term `facility' includes real property that is owned + by, leased to, or otherwise possessed by the United States at + locations at which military activities are conducted under this + title or title 32 (including real property owned or leased by the + Federal Government that is licensed to and operated by a State for + training for the National Guard).''. + (c) Inclusion of Pollutants and Contaminants in Environmental +Response Actions.--Section 2701(c) of such title is amended by +inserting ``or pollutants or contaminants'' after ``hazardous +substances'' each place it appears. + (d) Savings Clause.--Nothing in this section, or the amendments +made by this section, shall affect any requirement or authority under +the Comprehensive Environmental Response, Compensation, and Liability +Act of 1980 (42 U.S.C. 9601 et seq.). + SEC. 317. USE OF OPERATIONAL ENERGY COST SAVINGS OF DEPARTMENT OF + DEFENSE. Section 2912 of title 10, United States Code, is amended-- - (1) in subsection (a), by striking ``subsection (b)'' and - inserting ``subsection (b) or (c), as the case may be,''; - (2) in subsection (b), in the matter preceding paragraph - (1), by striking ``The Secretary of Defense'' and inserting - ``Except as provided in subsection (c) with respect to - operational energy cost savings, the Secretary of Defense''; - (3) by redesignating subsection (c) as subsection (d); and - (4) by inserting after subsection (b) the following new - subsection (c): + (1) in subsection (a), by striking ``subsection (b)'' and + inserting ``subsection (b) or (c), as the case may be,''; + (2) in subsection (b), in the matter preceding paragraph (1), + by striking ``The Secretary of Defense'' and inserting ``Except as + provided in subsection (c) with respect to operational energy cost + savings, the Secretary of Defense''; + (3) by redesignating subsection (c) as subsection (d); and + (4) by inserting after subsection (b) the following new + subsection (c): ``(c) Use of Operational Energy Cost Savings.--The amount that remains available for obligation under subsection (a) that relates to operational energy cost savings realized by the Department shall be @@ -3988,325 +6789,373 @@ used for the implementation of additional operational energy resilience, efficiencies, mission assurance, energy conservation, or energy security within the department, agency, or instrumentality that realized that savings.''. - -SEC. 312. USE OF PROCEEDS FROM SALES OF ELECTRICAL ENERGY GENERATED - FROM GEOTHERMAL RESOURCES. - - Section 2916(b) of title 10, United States Code, is amended-- - (1) in paragraph (1), by striking ``Except as provided in - paragraph (3), proceeds'' and inserting ``Proceeds''; and - (2) by striking paragraph (3). - -SEC. 313. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES. - + SEC. 318. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND + COGENERATION PRODUCTION FACILITIES. + Section 2916(b)(3)(B) of title 10, United States Code, is amended-- + (1) by striking ``shall be available'' and all that follows and + inserting ``shall be provided directly to the commander of the + military installation in which the geothermal energy resource is + located to be used for--''; and + (2) by adding at the end the following new clauses: + ``(i) military construction projects described in paragraph + (2) that benefit the military installation where the geothermal + energy resource is located; or + ``(ii) energy or water security projects that-- + ``(I) benefit the military installation where the + geothermal energy resource is located; + ``(II) the commander of the military installation + determines are necessary; and + ``(III) are directly coordinated with local area energy + or groundwater governing authorities.''. + SEC. 319. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES. (a) Modification of Annual Energy Management and Resilience Report.--Section 2925(a) of title 10, United States Code, is amended-- - (1) in the subsection heading, by inserting ``and - Readiness'' after ``Mission Assurance''; - (2) in the matter preceding paragraph (1), by inserting - ``The Secretary shall ensure that mission operators of critical - facilities provide to personnel of military installations any - information necessary for the completion of such report.'' - after ``by the Secretary.''; - (3) in paragraph (4), in the matter preceding subparagraph - (A), by striking ``megawatts'' and inserting ``electric and - thermal loads''; and - (4) in paragraph (5), by striking ``megawatts'' and - inserting ``electric and thermal loads''. + (1) in the subsection heading, by inserting ``and Readiness'' + after ``Mission Assurance''; + (2) in the matter preceding paragraph (1), by inserting ``The + Secretary shall ensure that mission operators of critical + facilities provide to personnel of military installations any + information necessary for the completion of such report.'' after + ``by the Secretary.''; + (3) in paragraph (4), in the matter preceding subparagraph (A), + by striking ``megawatts'' and inserting ``electric and thermal + loads''; and + (4) in paragraph (5), by striking ``megawatts'' and inserting + ``electric and thermal loads''. (b) Funding for Energy Program Offices.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretaries of the military - departments shall submit to the congressional defense - committees a report stating whether the program offices - specified in paragraph (2) are funded-- - (A) at proper levels to ensure that the energy - resilience requirements of the Department of Defense - are met; and - (B) at levels that are not less than in any - previous fiscal year. - (2) Program offices specified.--The program offices - specified in this paragraph are the following: - (A) The Power Reliability Enhancement Program of - the Army. - (B) The Office of Energy Initiatives of the Army. - (C) The Office of Energy Assurance of the Air - Force. - (D) The Resilient Energy Program Office of the - Navy. - (3) Funding plan.-- - (A) In general.--The Secretaries of the military - departments shall include in the report submitted under - paragraph (1) a funding plan for the next five fiscal - years beginning after the date of the enactment of this - Act to ensure that funding levels are, at a minimum, - maintained during that period. - (B) Elements.--The funding plan under subparagraph - (A) shall include, for each fiscal year covered by the - plan, an identification of the amounts to be used for - the accomplishment of energy resilience goals and - objectives. + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretaries of the military departments + shall submit to the congressional defense committees a report + stating whether the program offices specified in paragraph (2) are + funded-- + (A) at proper levels to ensure that the energy resilience + requirements of the Department of Defense are met; and + (B) at levels that are not less than in any previous fiscal + year. + (2) Program offices specified.--The program offices specified + in this paragraph are the following: + (A) The Power Reliability Enhancement Program of the Army. + (B) The Office of Energy Initiatives of the Army. + (C) The Office of Energy Assurance of the Air Force. + (D) The Resilient Energy Program Office of the Navy. + (3) Funding plan.-- + (A) In general.--The Secretaries of the military + departments shall include in the report submitted under + paragraph (1) a funding plan for the next five fiscal years + beginning after the date of the enactment of this Act to ensure + that funding levels are, at a minimum, maintained during that + period. + (B) Elements.--The funding plan under subparagraph (A) + shall include, for each fiscal year covered by the plan, an + identification of the amounts to be used for the accomplishment + of energy resilience goals and objectives. (c) Establishment of Targets for Water Use.--The Secretary of Defense shall, where life-cycle cost-effective, improve water use efficiency and management by the Department of Defense, including storm water management, by-- - (1) installing water meters and collecting and using water - balance data of buildings and facilities to improve water - conservation and management; - (2) reducing industrial, landscaping, and agricultural - water consumption in gallons by two percent annually through - fiscal year 2030 relative to a baseline of such consumption by - the Department in fiscal year 2010; and - (3) installing appropriate sustainable infrastructure - features on installations of the Department to help with storm - water and wastewater management. - -SEC. 314. NATIVE AMERICAN INDIAN LANDS ENVIRONMENTAL MITIGATION - PROGRAM. - - (a) In General.--Chapter 160 of title 10, United States Code, is -amended by adding at the end the following new section: -``Sec. 2712. Native American lands environmental mitigation program - ``(a) Establishment.--The Secretary of Defense may establish and -carry out a program to mitigate the environmental effects of actions by -the Department of Defense on Indian lands and culturally connected -locations. - ``(b) Program Activities.--The activities that may be carried out -under the program established under subsection (a) are the following: - ``(1) Identification, investigation, and documentation of - suspected environmental effects attributable to past actions by - the Department of Defense. - ``(2) Development of mitigation options for such - environmental effects, including development of cost-to- - complete estimates and a system for prioritizing mitigation - actions. - ``(3) Direct mitigation actions that the Secretary - determines are necessary and appropriate to mitigate the - adverse environmental effects of past actions by the - Department. - ``(4) Demolition and removal of unsafe buildings and - structures used by, under the jurisdiction of, or formerly used - by or under the jurisdiction of the Department. - ``(5) Training, technical assistance, and administrative - support to facilitate the meaningful participation of Indian - tribes in mitigation actions under the program. - ``(6) Development and execution of a policy governing - consultation with Indian tribes that have been or may be - affected by action by the Department, including training - personnel of the Department to ensure compliance with the - policy. - ``(c) Cooperative Agreements.--(1) In carrying out the program -established under subsection (a), the Secretary of Defense may enter -into a cooperative agreement with an Indian tribe or an instrumentality -of tribal government. - ``(2) Notwithstanding chapter 63 of title 31, a cooperative -agreement under this section may be used to acquire property or -services for the direct benefit of the United States Government. - ``(3) A cooperative agreement under this section for the -procurement of severable services may begin in one fiscal year and end -in another fiscal year only if the total period of performance does not -exceed two calendar years. - ``(d) Definitions.--In this section: - ``(1) The term `Indian land' includes-- - ``(A) any land located within the boundaries and a - part of an Indian reservation, pueblo, or rancheria; - ``(B) any land that has been allotted to an - individual Indian but has not been conveyed to such - Indian with full power of alienation; - ``(C) Alaska Native village and regional - corporation lands; and - ``(D) lands and waters upon which any Federally - recognized Indian tribe has rights reserved by treaty, - act of Congress, or action by the President. - ``(2) The term `Indian tribe' has the meaning given such - term in section 2701(d)(4)(A) of this title. - ``(3) The term `culturally connected location' means a - location or place that has demonstrable significance to Indians - or Alaska Natives based on its association with the traditional - beliefs, customs, and practices of a living community, - including locations or places where religious, ceremonial, - subsistence, medicinal, economic, or other lifeways practices - have historically taken place.''. - (b) Clerical Amendment.--The table of sections at the beginning of -chapter 160 of such title is amended by inserting after the item -relating to section 2711 the following new item: - -``2712. Native American lands environmental mitigation program.''. - -SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN - COSTS IN CONNECTION WITH THE TWIN CITIES ARMY AMMUNITION - PLANT, MINNESOTA. - - (a) Transfer Amount.--Notwithstanding section 2215 of title 10, -United States Code, the Secretary of Defense may transfer to the -Administrator of the Environmental Protection Agency-- - (1) in fiscal year 2020, not more than $890,790; and - (2) in each of fiscal years 2021 through 2026, not more - than $150,000. - (b) Purpose of Reimbursement.--The amount authorized to be -transferred under subsection (a) is to reimburse the Environmental -Protection Agency for costs the Agency has incurred and will incur -relating to the response actions performed at the Twin Cities Army -Ammunition Plant, Minnesota, through September 30, 2025. - (c) Interagency Agreement.--The reimbursement described in -subsection (b) is intended to satisfy certain terms of the interagency -agreement entered into by the Department of the Army and the -Environmental Protection Agency for the Twin Cities Army Ammunition -Plant that took effect in December 1987 and that provided for the -recovery of expenses by the Agency from the Department of the Army. - -SEC. 316. PROHIBITION ON USE OF PERFLUOROALKYL SUBSTANCES AND - POLYFLUOROALKYL SUBSTANCES FOR LAND-BASED APPLICATIONS OF - FIREFIGHTING FOAM. - - (a) Limitation.--After October 1, 2022, no funds of the Department -of Defense may be obligated or expended to procure firefighting foam -that contains in excess of one part per billion of perfluoroalkyl -substances and polyfluoroalkyl substances. - (b) Prohibition on Use and Disposal of Existing Stocks.--Not later -than October 1, 2023, the Secretary of Defense shall-- - (1) cease the use of firefighting foam containing in excess - of one part per billion of perfluoroalkyl substances and - polyfluoroalkyl substances; and - (2) dispose of all existing stocks of such firefighting - foam in accordance with the Solid Waste Disposal Act (42 U.S.C. - 6901 et seq.). - (c) Exemption for Shipboard Use.--Subsections (a) and (b) shall not -apply to firefighting foam for use solely onboard ocean-going vessels. - (d) Definitions.--In this section: - (1) Perfluoroalkyl substances.--The term ``perfluoroalkyl - substances'' means aliphatic substances for which all of the H - atoms attached to C atoms in the nonfluorinated substance from - which they are notionally derived have been replaced by F - atoms, except those H atoms whose substitution would modify the - nature of any functional groups present. - (2) Polyfluoroalkyl substances.--The term ``polyfluoroalkyl - substances'' means aliphatic substances for which all H atoms - attached to at least one (but not all) C atoms have been - replaced by F atoms, in such a manner that they contain the - perfluoroalkyl moiety C<INF>n</INF>F<INF>2n+1</INF>_ (for - example, - C<INF>8</INF>F<INF>17</INF>CH<INF>2</INF>CH<INF>2</INF>OH). - -SEC. 317. TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESSMENT ON - HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL - SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR - TOXIC SUBSTANCES AND DISEASE REGISTRY. + (1) installing water meters and collecting and using water + balance data of buildings and facilities to improve water + conservation and management; + (2) reducing industrial, landscaping, and agricultural water + consumption in gallons by two percent annually through fiscal year + 2030 relative to a baseline of such consumption by the Department + in fiscal year 2010; and + (3) installing appropriate sustainable infrastructure features + on installations of the Department to help with storm water and + wastewater management. + SEC. 320. TECHNICAL AND GRAMMATICAL CORRECTIONS AND REPEAL OF + OBSOLETE PROVISIONS RELATING TO ENERGY. + (a) Technical and Grammatical Corrections.-- + (1) Technical corrections.--Title 10, United States Code, is + amended-- + (A) in section 2913(c), by striking ``government'' and + inserting ``government or''; and + (B) in section 2926(d)(1), in the second sentence, by + striking ``Defense Agencies'' and inserting ``the Defense + Agencies''. + (2) Grammatical corrections.--Such title is further amended-- + (A) in section 2922a(d), by striking ``resilience are + prioritized and included'' and inserting ``energy resilience + are included as critical factors''; and + (B) in section 2925(a)(3), by striking ``impacting energy'' + and all that follows through the period at the end and + inserting ``degrading energy resilience at military + installations (excluding planned outages for maintenance + reasons), whether caused by on- or off-installation + disruptions, including the total number of outages and their + locations, the duration of each outage, the financial effect of + each outage, whether or not the mission was affected, the + downtimes (in minutes or hours) the mission can afford based on + mission requirements and risk tolerances, the responsible + authority managing the utility, and measures taken to mitigate + the outage by the responsible authority.''. + (b) Clarification of Applicability of Conflicting Amendments Made +by 2018 Defense Authorization Act.--Section 2911(e) of such title is +amended-- + (1) by striking paragraphs (1) and (2) and inserting the + following new paragraphs: + ``(1) Opportunities to reduce the current rate of consumption + of energy, the future demand for energy, and the requirement for + the use of energy. + ``(2) Opportunities to enhance energy resilience to ensure the + Department of Defense has the ability to prepare for and recover + from energy disruptions that affect mission assurance on military + installations.''; and + (2) by striking the second paragraph (13). + (c) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of section 2926 of such + title is amended to read as follows: +``Sec. 2926. Operational energy''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 173 of such title is amended by striking the item + relating to section 2926 and inserting the following new item: +``2926. Operational energy.''. + SEC. 321. TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESSMENT ON + HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL SUBSTANCES + CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES + AND DISEASE REGISTRY. Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended by striking ``2019 and 2020'' and inserting ``2019, 2020, and 2021''. - -SEC. 318. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS CONTAMINATION - BY PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. - - (a) Cooperative Agreements.-- - (1) In general.--Upon request from the Governor or chief - executive of a State, the Secretary of Defense shall work - expeditiously, pursuant to section 2701(d) of title 10, United - States Code, to finalize a cooperative agreement, or amend an - existing cooperative agreement to address testing, monitoring, - removal, and remedial actions relating to the contamination or - suspected contamination of drinking, surface, or ground water - from PFAS originating from activities of the Department of - Defense by providing the mechanism and funding for the - expedited review and approval of documents of the Department - related to PFAS investigations and remedial actions from an - active or decommissioned military installation, including a - facility of the National Guard. - (2) Minimum standards.--A cooperative agreement finalized - or amended under paragraph (1) shall meet or exceed the most - stringent of the following standards for PFAS in any - environmental media: - (A) An enforceable State standard, in effect in - that State, for drinking, surface, or ground water, as - described in section 121(d)(2)(A)(ii) of the - Comprehensive Environmental Response, Compensation, and - Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)). - (B) An enforceable Federal standard for drinking, - surface, or ground water, as described in section - 121(d)(2)(A)(i) of the Comprehensive Environmental - Response, Compensation, and Liability Act of 1980 (42 - U.S.C. 9621(d)(2)(A)(i)). - (b) Report.--Beginning on February 1, 2020, if a cooperative -agreement is not finalized or amended under subsection (a) within one -year after the request from the Governor or chief executive under that -subsection, and annually thereafter, the Secretary of Defense shall -submit to the appropriate committees and Members of Congress a report-- - (1) explaining why the agreement has not been finalized or - amended, as the case may be; and - (2) setting forth a projected timeline for finalizing or - amending the agreement. - (c) Definitions.--In this section: - (1) Appropriate committees and members of congress.--The - term ``appropriate committees and Members of Congress'' means-- - (A) the congressional defense committees; - (B) the Senators who represent a State impacted by - PFAS contamination described in subsection (a)(1); and - (C) the Members of the House of Representatives who - represent a district impacted by such contamination. - (2) Fully fluorinated carbon atom.--The term ``fully - fluorinated carbon atom'' means a carbon atom on which all the - hydrogen substituents have been replaced by fluorine. - (3) PFAS.--The term ``PFAS'' means perfluoroalkyl and - polyfluoroalkyl substances that are man-made chemicals with at - least one fully fluorinated carbon atom. - (4) State.--The term ``State'' has the meaning given the - term in section 101 of the Comprehensive Environmental - Response, Compensation, and Liability Act of 1980 (42 U.S.C. - 9601). - -SEC. 319. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRONMENTAL - RESTORATION AUTHORITIES TO INCLUDE FEDERAL GOVERNMENT - FACILITIES USED BY NATIONAL GUARD. - - (a) Definition of Facility.--Section 2700(2) of title 10, United -States Code, is amended-- - (1) by striking ``The terms'' and inserting ``(A) The - terms''; and - (2) by adding at the end the following new subparagraph: - ``(B) The term `facility' includes real property that is - owned by, leased to, or otherwise possessed by the United - States at locations at which military activities are conducted - under this title or title 32 (including real property owned or - leased by the Federal Government that is licensed to and - operated by a State for training for the National Guard).''. - (b) Inclusion of Pollutants and Contaminants in Environmental -Response Actions.--Section 2701(c) of such title is amended by -inserting ``or pollutants or contaminants'' after ``hazardous -substances'' each place it appears. - (c) Establishment of Environmental Restoration Accounts.--Section -2703(a) of such title is amended by adding at the end the following new -paragraphs: - ``(6) An account to be known as the `Environmental - Restoration Account, Army National Guard' (for real property - owned or leased by the Federal Government that is licensed to - and operated by a State for training for the Army National - Guard). - ``(7) An account to be known as the `Environmental - Restoration Account, Air National Guard' (for real property - owned or leased by the Federal Government that is licensed to - and operated by a State for training for the Air National - Guard).''. - -SEC. 320. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO EXTREME - WEATHER. - + SEC. 322. REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING FOAM WITH + FLUORINE-FREE FIRE-FIGHTING AGENT. + (a) Use of Fluorine-free Foam at Military Installations.-- + (1) Military specification.--Not later than January 31, 2023, + the Secretary of the Navy shall publish a military specification + for a fluorine-free fire-fighting agent for use at all military + installations and ensure that such agent is available for use by + not later than October 1, 2023. + (2) Report to congress.--Concurrent with publication of the + military specification under paragraph (1), the Secretary of + Defense shall submit to the congressional defense committees a + report containing a detailed plan for implementing the transition + to a fluorine-free fire-fighting agent by not later than October 1, + 2023. The report shall include-- + (A) a detailed description of the progress of the + Department of Defense to identify a fluorine-free fire-fighting + agent for use as a replacement fire-fighting agent at military + installations; + (B) a description of any technology and equipment required + to implement the replacement fire-fighting agent; + (C) funding requirements, by fiscal year, to implement the + replacement fire-fighting agent, including funding for the + procurement of a replacement fire-fighting agent, required + equipment, and infrastructure improvements; + (D) a detailed timeline of remaining required actions to + implement such replacement. + (b) Limitation.--No amount authorized to be appropriated or +otherwise made available for the Department of Defense may be obligated +or expended after October 1, 2023, to procure fire-fighting foam that +contains in excess of one part per billion of perfluoroalkyl substances +and polyfluoroalkyl substances. + (c) Prohibition on Use.--Fluorinated aqueous film-forming foam may +not be used at any military installation on or after the earlier of the +following dates: + (1) October 1, 2024. + (2) The date on which the Secretary determines that compliance + with the prohibition under this subsection is possible. + (d) Exemption for Shipboard Use.--Subsections (b) and (c) shall not +apply to firefighting foam for use solely onboard ocean-going vessels. + (e) Waiver.-- + (1) In general.--Subject to the limitations under paragraph + (2), the Secretary of Defense may waive the prohibition under + subsection (c) with respect to the use of fluorinated aqueous film- + forming foam, if, by not later than 60 days prior to issuing the + waiver, the Secretary-- + (A) provides to the congressional defense committees a + briefing on the basis for the waiver and the progress to + develop and field a fluorine-free fire-fighting agent that + meets the military specifications issued pursuant to subsection + (a), which includes-- + (i) detailed data on the progress made to identify a + replacement fluorine-free fire-fighting agent; + (ii) a description of the range of technology and + equipment-based solutions analyzed to implement + replacement; + (iii) a description of the funding, by fiscal year, + applied towards research, development, test, and evaluation + of replacement firefighting agents and equipment-based + solutions; + (iv) a description of any completed and projected + infrastructure changes; + (v) a description of acquisition actions made in + support of developing and fielding the fluorine-free fire- + fighting agent; + (vi) an updated timeline for the completion of the + transition to use of the fluorine-free fire-fighting agent; + and + (vii) a list of the categories of installation + infrastructure or specific mobile firefighting equipment + sets that require the waiver along with the justification; + (B) submits to the congressional defense committees + certification in writing, that-- + (i) the waiver is necessary for either installation + infrastructure, mobile firefighting equipment, or both; + (ii) the waiver is necessary for the protection of life + and safety; + (iii) no agent or equipment solutions are available + that meet the military specific issued pursuant to + subsection (a); + (iv) the military specification issued pursuant to + subsection (a) is still valid and does not require + revision; and + (v) includes details of the measures in place to + minimize the release of and exposure to fluorinated + compounds in fluorinated aqueous film-forming foam; and + (C) provides for public notice of the waiver. + (2) Limitation.--The following limitations apply to a waiver + issued under this subsection: + (A) Such a waiver shall apply for a period that does not + exceed one year. + (B) The Secretary may extend such a waiver once for an + additional period that does not exceed one year, if the + requirements under paragraph (1) are met as of the date of the + extension of the waiver. + (C) The authority to grant a waiver under this subsection + may not be delegated below the level of the Secretary of + Defense. + (f) Definitions.--In this section: + (1) The term ``perfluoroalkyl substances'' means aliphatic + substances for which all of the H atoms attached to C atoms in the + nonfluorinated substance from which they are notionally derived + have been replaced by F atoms, except those H atoms whose + substitution would modify the nature of any functional groups + present. + (2) The term ``polyfluoroalkyl substances'' means aliphatic + substances for which all H atoms attached to at least one (but not + all) C atoms have been replaced by F atoms, in such a manner that + they contain the perfluoroalkyl moiety CnF2n+1_ (for example, + C8F17CH2CH2OH). + SEC. 323. PROHIBITION OF UNCONTROLLED RELEASE OF FLUORINATED + AQUEOUS FILM-FORMING FOAM AT MILITARY INSTALLATIONS. + (a) Prohibition.--Except as provided by subsection (b), the +Secretary of Defense shall prohibit the uncontrolled release of +fluorinated aqueous film-forming foam (hereinafter in this section +referred to as ``AFFF'') at military installations. + (b) Exceptions.--Notwithstanding subsection (a), fluorinated AFFF +may be released at military installations as follows: + (1) AFFF may be released for purposes of an emergency response. + (2) A non-emergency release of AFFF may be made for the + purposes of testing of equipment or training of personnel, if + complete containment, capture, and proper disposal mechanisms are + in place to ensure no AFFF is released into the environment. + SEC. 324. PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM FORMING + FOAM FOR TRAINING EXERCISES. + The Secretary of Defense shall prohibit the use of fluorinated +aqueous film forming foam for training exercises at military +installations. + SEC. 325. REAL-TIME SOUND-MONITORING AT NAVY INSTALLATIONS WHERE + TACTICAL FIGHTER AIRCRAFT OPERATE. + (a) Monitoring.--The Secretary of the Navy shall conduct real-time +sound-monitoring at no fewer than two Navy installations and their +associated outlying landing fields on the west coast of the United +States where Navy combat coded F/A-18, E/A-18G, or F-35 aircraft are +based and operate and noise contours have been developed through noise +modeling. Sound monitoring under such study shall be conducted-- + (1) during times of high, medium, and low activity over the + course of a 12-month period; and + (2) along and in the vicinity of flight paths used to approach + and depart the selected installations and their outlying landing + fields. + (b) Plan for Additional Monitoring.--Not later than 90 days after +the date of the enactment of this Act, the Secretary of the Navy shall +submit to the congressional defense committees a plan for real-time +sound monitoring described in subsection (a) in the vicinity of +training areas predominantly overflown by tactical fighter aircraft +from the selected installations and outlying landing fields, including +training areas that consist of real property administered by the +Federal Government (including Department of Defense, Department of +Interior, and Department of Agriculture), State and local governments, +and privately owned land with the permission of the owner. + (c) Report Required.--Not later than December 1, 2020, the +Secretary of the Navy shall submit to the congressional defense +committees a report on the monitoring required under subsection (a). +Such report shall include-- + (1) the results of such monitoring; + (2) a comparison of such monitoring and the noise contours + previously developed with the analysis and modeling methods + previously used; + (3) an overview of any changes to the analysis and modeling + process that have been made or are being considered as a result of + the findings of such monitoring; and + (4) any other matters that the Secretary determines + appropriate. + (d) Public Availability of Monitoring Results.--The Secretary shall +make the results of the monitoring required under subsection (a) +publicly available on a website of the Department of Defense. + SEC. 326. DEVELOPMENT OF EXTREME WEATHER VULNERABILITY AND RISK + ASSESSMENT TOOL. + (a) In General.--The Secretary of Defense shall consult with the +entities described in subsection (b) to determine whether an existing +climate vulnerability and risk assessment tool is available or can be +adapted to be used to quantify the risks associated with extreme +weather events and the impact of such events on networks, systems, +installations, facilities, and other assets to inform mitigation +planning and infrastructure development. + (b) Consultation.--In determining the availability of an +appropriate tool to use or adapt for use under subsection (a), the +Secretary shall consult with the Administrator of the Environmental +Protection Agency, the Secretary of Energy, the Secretary of the +Interior, the Administrator of the National Oceanic and Atmospheric +Administration, the Administrator of the Federal Emergency Management +Agency, the Commander of the Army Corps of Engineers, the Administrator +of the National Aeronautics and Space Administration, a federally +funded research and development center, and the heads of such other +relevant Federal agencies as the Secretary of Defense determines +appropriate. + (c) Best Available Science.--Before choosing a tool for use or +adaptation for use under subsection (a), the Secretary shall obtain +from a federally funded research and development center with which the +Secretary has consulted under subsection (b) a certification in writing +that the tool relies on the best publicly available science for the +prediction of extreme weather risk and effective mitigation of that +risk. + (d) Report.--Not later than one year after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees a report on the implementation of this section. Such +report shall include-- + (1) in the case that a tool has been chosen under subsection + (a) before the date of the submittal of the report, a description + of the tool and how such tool will be used by the Department; or + (2) in the case that the Secretary determines that no available + tool meets the requirements of the Department as described in + subsection (a) or is readily adaptable for use, a plan for the + development of such a tool, including the estimated cost and + timeframe for development of such a tool. + SEC. 327. REMOVAL OF BARRIERS THAT DISCOURAGE INVESTMENTS TO + INCREASE MILITARY INSTALLATION RESILIENCE. + (a) In General.--The Secretary of Defense shall-- + (1) identify and seek to remove barriers that discourage + investments to increase military installation resilience; + (2) reform policies and programs that unintentionally increased + the vulnerability of systems to related extreme weather events; and + (3) develop, and update at least once every four years, an + adaptation plan to assess how climate impacts affected the ability + of the Department of Defense to accomplish its mission, and the + short-and long- term actions the Department can take to ensure + military installation resilience. + (b) Military Installation Resilience.--In this section, the term +``military installation resilience'' has the meaning given such term in +section 101(e)(8) of title 10, United States Code. + SEC. 328. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO EXTREME + WEATHER. (a) In General.--The Secretary of Defense shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code-- - (1) a dedicated budget line item for adaptation to, and - mitigation of, effects of extreme weather on military networks, - systems, installations, facilities, and other assets and - capabilities of the Department of Defense; and - (2) an estimate of the anticipated adverse impacts to the - readiness of the Department and the financial costs to the - Department during the year covered by the budget of the loss - of, or damage to, military networks, systems, installations, - facilities, and other assets and capabilities of the - Department, including loss of or obstructed access to training - ranges, as a result extreme weather events. + (1) a dedicated budget line item for adaptation to, and + mitigation of, effects of extreme weather on military networks, + systems, installations, facilities, and other assets and + capabilities of the Department of Defense; and + (2) an estimate of the anticipated adverse impacts to the + readiness of the Department and the financial costs to the + Department during the year covered by the budget of the loss of, or + damage to, military networks, systems, installations, facilities, + and other assets and capabilities of the Department, including loss + of or obstructed access to training ranges, as a result extreme + weather events. (b) Disaggregation of Impacts and Costs.--The estimate under subsection (a)(2) shall set forth the adverse readiness impacts and financial costs under that subsection by military department, Defense @@ -4314,10 +7163,197 @@ Agency, and other component or element of the Department. (c) Extreme Weather Defined.--In this section, the term ``extreme weather'' means recurrent flooding, drought, desertification, wildfires, and thawing permafrost. - -SEC. 321. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS FOR - INCREASED COMBAT CAPABILITY THROUGH ENERGY OPTIMIZATION. - + SEC. 329. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND + POLYFLUOROALKYL SUBSTANCES IN MEALS READY-TO-EAT FOOD PACKAGING. + (a) Prohibition.--Not later than October 1, 2021, the Director of +the Defense Logistics Agency shall ensure that any food contact +substances that are used to assemble and package meals ready-to-eat +(MREs) procured by the Defense Logistics Agency do not contain any +perfluoroalkyl substances or polyfluoroalkyl substances. + (b) Definitions.--In this section: + (1) Perfluoroalkyl substance.--The term ``perfluoroalkyl + substance'' means a man-made chemical of which all of the carbon + atoms are fully fluorinated carbon atoms. + (2) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl + substance'' means a man-made chemical containing a mix of fully + fluorinated carbon atoms, partially fluorinated carbon atoms, and + nonfluorinated carbon atoms. + SEC. 330. DISPOSAL OF MATERIALS CONTAINING PER- AND POLYFLUOROALKYL + SUBSTANCES OR AQUEOUS FILM-FORMING FOAM. + (a) In General.--The Secretary of Defense shall ensure that when +materials containing per- and polyfluoroalkyl substances (referred to +in this section as ``PFAS'') or aqueous film forming foam (referred to +in this section as ``AFFF'') are disposed-- + (1) all incineration is conducted at a temperature range + adequate to break down PFAS chemicals while also ensuring the + maximum degree of reduction in emission of PFAS, including + elimination of such emissions where achievable; + (2) all incineration is conducted in accordance with the + requirements of the Clean Air Act (42 USC 7401 et seq.), including + controlling hydrogen fluoride; + (3) any materials containing PFAS that are designated for + disposal are stored in accordance with the requirement under part + 264 of title 40, Code of Federal Regulations; and + (4) all incineration is conducted at a facility that has been + permitted to receive waste regulated under subtitle C of the Solid + Waste Disposal Act (42 USC 6921 et seq.). + (b) Scope of Application.--The requirements in subsection (a) only +apply to all legacy AFFF formulations containing PFAS, materials +contaminated by AFFF release, and spent filters or other PFAS +contaminated materials resulting from site remediation or water +filtration that-- + (1) have been used by the Department of Defense or a military + department; or + (2) are being discarded for disposal by means of incineration + by the Department of Defense or a military department; or + (3) are being removed from sites or facilities owned or + operated by the Department of Defense. + SEC. 331. AGREEMENTS TO SHARE MONITORING DATA RELATING TO + PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND OTHER + CONTAMINANTS OF CONCERN. + (a) In General.--The Secretary of Defense shall seek to enter into +agreements with municipalities or municipal drinking water utilities +located adjacent to military installations under which both the +Secretary and the municipalities and utilities would share monitoring +data relating to perfluoroalkyl substances, polyfluoroalkyl substances, +and other emerging contaminants of concern collected at the military +installation. + (b) Publicly Available Website.--The Secretary of Defense shall +maintain a publicly available website that provides a clearinghouse for +information about the exposure of members of the Armed Forces, their +families, and their communities to per- and polyfluoroalkyl substances. +The information provided on the website shall include information on +testing, clean-up, and recommended available treatment methodologies. + (c) Public Communication.--An agreement under subsection (a) does +not negate the responsibility of the Secretary to communicate with the +public about drinking water contamination from perfluoroalkyl +substances, polyfluoroalkyl substances, and other contaminants. + (d) Military Installation Defined.--In this section, the term +``military installation'' has the meaning given that term in section +2801(c) of title 10, United States Code. + SEC. 332. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS + CONTAMINATION BY PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. + (a) Cooperative Agreements.-- + (1) In general.--Upon request from the Governor or chief + executive of a State, the Secretary of Defense shall work + expeditiously, pursuant to section 2701(d) of title 10, United + States Code, to finalize a cooperative agreement, or amend an + existing cooperative agreement to address testing, monitoring, + removal, and remedial actions relating to the contamination or + suspected contamination of drinking, surface, or ground water from + PFAS originating from activities of the Department of Defense by + providing the mechanism and funding for the expedited review and + approval of documents of the Department related to PFAS + investigations and remedial actions from an active or + decommissioned military installation, including a facility of the + National Guard. + (2) Minimum standards.--A cooperative agreement finalized or + amended under paragraph (1) shall meet or exceed the most stringent + of the following standards for PFAS in any environmental media: + (A) An enforceable State standard, in effect in that State, + for drinking, surface, or ground water, as described in section + 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, + Compensation, and Liability Act of 1980 (42 U.S.C. + 9621(d)(2)(A)(ii)). + (B) An enforceable Federal standard for drinking, surface, + or ground water, as described in section 121(d)(2)(A)(i) of the + Comprehensive Environmental Response, Compensation, and + Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)). + (C) A health advisory under section 1412(b)(1)(F) of the + Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)). + (3) Other authority.--In addition to the requirements for a + cooperative agreement under paragraph (1), when otherwise + authorized to expend funds for the purpose of addressing ground or + surface water contaminated by a perfluorinated compound, the + Secretary of Defense may, to expend those funds, enter into a grant + agreement, cooperative agreement, or contract with-- + (A) the local water authority with jurisdiction over the + contamination site, including-- + (i) a public water system (as defined in section 1401 + of the Safe Drinking Water Act (42 U.S.C. 300f)); and + (ii) a publicly owned treatment works (as defined in + section 212 of the Federal Water Pollution Control Act (33 + U.S.C. 1292)); or + (B) a State, local, or Tribal government. + (b) Report.--Beginning on February 1, 2020, if a cooperative +agreement is not finalized or amended under subsection (a) within one +year after the request from the Governor or chief executive under that +subsection, and annually thereafter, the Secretary of Defense shall +submit to the appropriate committees and Members of Congress a report-- + (1) explaining why the agreement has not been finalized or + amended, as the case may be; and + (2) setting forth a projected timeline for finalizing or + amending the agreement. + (c) Definitions.--In this section: + (1) Appropriate committees and members of congress.--The term + ``appropriate committees and Members of Congress'' means-- + (A) the congressional defense committees; + (B) the Senators who represent a State impacted by PFAS + contamination described in subsection (a)(1); and + (C) the Members of the House of Representatives who + represent a district impacted by such contamination. + (2) Fully fluorinated carbon atom.--The term ``fully + fluorinated carbon atom'' means a carbon atom on which all the + hydrogen substituents have been replaced by fluorine. + (3) PFAS.--The term ``PFAS'' means perfluoroalkyl and + polyfluoroalkyl substances that are man-made chemicals with at + least one fully fluorinated carbon atom. + (4) State.--The term ``State'' has the meaning given the term + in section 101 of the Comprehensive Environmental Response, + Compensation, and Liability Act of 1980 (42 U.S.C. 9601). + SEC. 333. PLAN TO PHASE OUT USE OF BURN PITS. + 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 plan to phase out the use of the burn pits identified in +the Department of Defense Open Burn Pit Report to Congress dated April +2019. + SEC. 334. INFORMATION RELATING TO LOCATIONS OF BURN PIT USE. + The Secretary of Defense shall provide to the Secretary of Veterans +Affairs and to Congress a list of all locations where open-air burn +pits have been used by the Secretary of Defense, for the purposes of +augmenting the research, healthcare delivery, disability compensation, +and other activities of the Secretary of Veterans Affairs. + SEC. 335. DATA QUALITY REVIEW OF RADIUM TESTING CONDUCTED AT + CERTAIN LOCATIONS OF THE DEPARTMENT OF THE NAVY. + (a) Review of Radium Testing.--Except as provided in subsection +(b), the Secretary of the Navy shall provide for an independent third- +party data quality review of all radium testing completed by +contractors of the Department of the Navy at a covered location. + (b) Exception.--In the case of a covered location for which an +independent third-party data quality review of all radium testing +completed by contractors of the Department has been conducted prior to +the date of the enactment of this Act, the requirement under subsection +(a) shall not apply if the Secretary of the Navy submits to the +congressional defense committees a report containing-- + (1) a certification that such review has been conducted for + such covered location; and + (2) a description of the results of such review. + (c) Covered Location Defined.--In this section, the term ``covered +location'' means any of the following: + (1) Naval Weapons Industrial Reserve Plant, Bethpage, New York. + (2) Hunter's Point Naval Shipyard, San Francisco, California. + SEC. 336. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR + CERTAIN COSTS IN CONNECTION WITH THE TWIN CITIES ARMY AMMUNITION + PLANT, MINNESOTA. + (a) Transfer Amount.--Notwithstanding section 2215 of title 10, +United States Code, the Secretary of Defense may transfer to the +Administrator of the Environmental Protection Agency-- + (1) in fiscal year 2020, not more than $890,790; and + (2) in each of fiscal years 2021 through 2026, not more than + $150,000. + (b) Purpose of Reimbursement.--The amount authorized to be +transferred under subsection (a) is to reimburse the Environmental +Protection Agency for costs the Agency has incurred and will incur +relating to the response actions performed at the Twin Cities Army +Ammunition Plant, Minnesota, through September 30, 2025. + (c) Interagency Agreement.--The reimbursement described in +subsection (b) is intended to satisfy certain terms of the interagency +agreement entered into by the Department of the Army and the +Environmental Protection Agency for the Twin Cities Army Ammunition +Plant that took effect in December 1987 and that provided for the +recovery of expenses by the Agency from the Department of the Army. + SEC. 337. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS + FOR INCREASED COMBAT CAPABILITY THROUGH ENERGY OPTIMIZATION. (a) In General.--Notwithstanding section 2208 of title 10, United States Code, the Secretary of Defense and the military departments may use a working capital fund established pursuant to that section for @@ -4332,210 +7368,384 @@ life, lower maintenance costs, or provide performance enhancement of the weapon system platform or major end item. (c) Limitation on Certain Projects.--Funds may not be used pursuant to subsection (a) for-- - (1) any product improvement that significantly changes the - performance envelope of an end item; or - (2) any single component with an estimated total cost in - excess of $10,000,000. + (1) any product improvement that significantly changes the + performance envelope of an end item; or + (2) any single component with an estimated total cost in excess + of $10,000,000. (d) Limitation in Fiscal Year Pending Timely Report.--If during any fiscal year the report required by paragraph (1) of subsection (e) is not submitted by the date specified in paragraph (2) of that subsection, funds may not be used pursuant to subsection (a) during the period-- - (1) beginning on the date specified in such paragraph (2); - and - (2) ending on the date of the submittal of the report. + (1) beginning on the date specified in such paragraph (2); and + (2) ending on the date of the submittal of the report. (e) Annual Report.-- - (1) In general.--The Secretary of Defense shall submit an - annual report to the congressional defense committees on the - use of the authority under subsection (a) during the preceding - fiscal year. - (2) Deadline for submittal.--The report required by - paragraph (1) in a fiscal year shall be submitted not later - than 60 days after the date of the submittal to Congress of the - budget of the President for the succeeding fiscal year pursuant - to section 1105 of title 31, United States Code. - (3) Recommendation.--In the case of the report required to - be submitted under paragraph (1) during fiscal year 2020, the - report shall include the recommendation of the Secretary of - Defense and the military departments regarding whether the - authority under subsection (a) should be made permanent. + (1) In general.--The Secretary of Defense shall submit an + annual report to the congressional defense committees on the use of + the authority under subsection (a) during the preceding fiscal + year. + (2) Deadline for submittal.--The report required by paragraph + (1) in a fiscal year shall be submitted not later than 60 days + after the date of the submittal to Congress of the budget of the + President for the succeeding fiscal year pursuant to section 1105 + of title 31, United States Code. + (3) Recommendation.--In the case of the report required to be + submitted under paragraph (1) during fiscal year 2020, the report + shall include the recommendation of the Secretary of Defense and + the military departments regarding whether the authority under + subsection (a) should be made permanent. (f) Sunset.--The authority under subsection (a) shall expire on October 1, 2024. - -SEC. 322. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY AT MILITARY - INSTALLATIONS. - + SEC. 338. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY AT + MILITARY INSTALLATIONS. (a) Report.-- - (1) Report required.--Not later than September 1, 2020, the - Under Secretary of Defense for Acquisition and Sustainment, in - conjunction with the assistant secretaries responsible for - installations and environment for the military departments and - the Defense Logistics Agency, shall submit to the congressional - defense committees a report detailing the efforts to achieve - cost savings at military installations with high energy - intensity. - (2) Elements.--The report required under paragraph (1) - shall include the following elements: - (A) A comprehensive, installation-specific - assessment of feasible and mission-appropriate energy - initiatives supporting energy production and - consumption at military installations with high energy - intensity. - (B) An assessment of current sources of energy in - areas with high energy intensity and potential future - sources that are technologically feasible, cost- - effective, and mission-appropriate for military - installations. - (C) A comprehensive implementation strategy to - include required investment for feasible energy - efficiency options determined to be the most beneficial - and cost-effective, where appropriate, and consistent - with priorities of the Department of Defense. - (D) An explanation on how the military departments - are working collaboratively in order to leverage - lessons learned on potential energy efficiency - solutions. - (E) An assessment of the extent to which activities - administered under the Federal Energy Management - Program of the Department of Energy could be used to - assist with the implementation strategy under - subparagraph (C). - (F) An assessment of State and local partnership - opportunities that could achieve efficiency and cost - savings, and any legislative authorities required to - carry out such partnerships or agreements. - (3) Coordination with state, local, and other entities.--In - preparing the report required under paragraph (1), the Under - Secretary of Defense for Acquisition and Sustainment may work - in conjunction and coordinate with the States containing areas - of high energy intensity, local communities, and other Federal - agencies. + (1) Report required.--Not later than September 1, 2020, the + Under Secretary of Defense for Acquisition and Sustainment, in + conjunction with the assistant secretaries responsible for + installations and environment for the military departments and the + Defense Logistics Agency, shall submit to the congressional defense + committees a report detailing the efforts to achieve cost savings + at military installations with high energy intensity. + (2) Elements.--The report required under paragraph (1) shall + include the following elements: + (A) A comprehensive, installation-specific assessment of + feasible and mission-appropriate energy initiatives supporting + energy production and consumption at military installations + with high energy intensity. + (B) An assessment of current sources of energy in areas + with high energy intensity and potential future sources that + are technologically feasible, cost-effective, and mission- + appropriate for military installations. + (C) A comprehensive implementation strategy to include + required investment for feasible energy efficiency options + determined to be the most beneficial and cost-effective, where + appropriate, and consistent with priorities of the Department + of Defense. + (D) An explanation on how the military departments are + working collaboratively in order to leverage lessons learned on + potential energy efficiency solutions. + (E) An assessment of the extent to which activities + administered under the Federal Energy Management Program of the + Department of Energy could be used to assist with the + implementation strategy under subparagraph (C). + (F) An assessment of State and local partnership + opportunities that could achieve efficiency and cost savings, + and any legislative authorities required to carry out such + partnerships or agreements. + (3) Coordination with state, local, and other entities.--In + preparing the report required under paragraph (1), the Under + Secretary of Defense for Acquisition and Sustainment may work in + conjunction and coordinate with the States containing areas of high + energy intensity, local communities, and other Federal agencies. (b) Definition.--In this section, the term ``high energy intensity'' means costs for the provision of energy by kilowatt of electricity or British Thermal Unit of heat or steam for a military installation in the United States that is in the highest 20 percent of all military installations for a military department. -SEC. 323. TECHNICAL AND GRAMMATICAL CORRECTIONS AND REPEAL OF OBSOLETE - PROVISIONS RELATING TO ENERGY. - - (a) Technical and Grammatical Corrections.-- - (1) Technical corrections.--Title 10, United States Code, - is amended-- - (A) in section 2913(c), by striking ``government'' - and inserting ``government or''; and - (B) in section 2926(d)(1), in the second sentence, - by striking ``Defense Agencies'' and inserting ``the - Defense Agencies''. - (2) Grammatical corrections.--Such title is further - amended-- - (A) in section 2922a(d), by striking ``resilience - are prioritized and included'' and inserting ``energy - resilience are included as critical factors''; and - (B) in section 2925(a)(3), by striking ``impacting - energy'' and all that follows through the period at the - end and inserting ``degrading energy resilience at - military installations (excluding planned outages for - maintenance reasons), whether caused by on- or off- - installation disruptions, including the total number of - outages and their locations, the duration of each - outage, the financial effect of each outage, whether or - not the mission was affected, the downtimes (in minutes - or hours) the mission can afford based on mission - requirements and risk tolerances, the responsible - authority managing the utility, and measures taken to - mitigate the outage by the responsible authority.''. - (b) Clarification of Applicability of Conflicting Amendments Made -by 2018 Defense Authorization Act.--Section 2911(e) of such title is -amended-- - (1) by striking paragraphs (1) and (2) and inserting the - following new paragraphs: - ``(1) Opportunities to reduce the current rate of - consumption of energy, the future demand for energy, and the - requirement for the use of energy. - ``(2) Opportunities to enhance energy resilience to ensure - the Department of Defense has the ability to prepare for and - recover from energy disruptions that affect mission assurance - on military installations.''; and - (2) by striking the second paragraph (13). - (c) Conforming and Clerical Amendments.-- - (1) Heading amendment.--The heading of section 2926 of such - title is amended to read as follows: -``Sec. 2926. Operational energy''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 173 of such title is amended by striking - the item relating to section 2926 and inserting the following - new item: - -``2926. Operational energy.''. - - Subtitle C--Logistics and Sustainment - -SEC. 331. REQUIREMENT FOR MEMORANDA OF UNDERSTANDING BETWEEN THE AIR - FORCE AND THE NAVY REGARDING DEPOT MAINTENANCE. - - Before the Secretary of the Navy transfers any maintenance action -on a platform to a depot under the jurisdiction of the Secretary of the -Air Force or the Secretary of the Air Force transfers any maintenance -action on a platform to a depot under the jurisdiction of the Secretary -of the Navy, the Air Logistics Complex Commander and the Commander of -Naval Air Systems Command shall enter into a joint memorandum of -understanding that lists out responsibilities for work and technical -oversight responsibilities for such maintenance. +Subtitle C--Treatment of Contaminated Water Near Military Installations -SEC. 332. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS FORWARD - DEPLOYMENT OF NAVAL VESSELS. + SEC. 341. SHORT TITLE. + This subtitle may be cited as the ``Prompt and Fast Action to Stop +Damages Act of 2019''. + SEC. 342. DEFINITIONS. + In this subtitle: + (1) PFOA.--The term ``PFOA'' means perfluorooctanoic acid. + (2) PFOS.--The term ``PFOS'' means perfluorooctane sulfonate. + SEC. 343. PROVISION OF WATER UNCONTAMINATED WITH PERFLUOROOCTANOIC + ACID (PFOA) AND PERFLUOROOCTANE SULFONATE (PFOS) FOR AGRICULTURAL + PURPOSES. + (a) Authority.-- + (1) In general.--Using amounts authorized to be appropriated or + otherwise made available for operation and maintenance for the + military department concerned, or for operation and maintenance + Defense-wide in the case of the Secretary of Defense, the Secretary + concerned may provide water sources uncontaminated with + perfluoroalkyl and polyfluoroalkyl substances, including PFOA and + PFOS, or treatment of contaminated waters, for agricultural + purposes used to produce products destined for human consumption in + an area in which a water source has been determined pursuant to + paragraph (2) to be contaminated with such compounds by reason of + activities on a military installation under the jurisdiction of the + Secretary concerned. + (2) Applicable standard.--For purposes of paragraph (1), an + area is determined to be contaminated with PFOA or PFOS if-- + (A) the level of contamination is above the Lifetime Health + Advisory for contamination with such compounds issued by the + Environmental Protection Agency and printed in the Federal + Register on May 25, 2016; or + (B) on or after the date the Food and Drug Administration + sets a standard for PFOA and PFOS in raw agricultural + commodities and milk, the level of contamination is above such + standard. + (b) Secretary Concerned Defined.--In this section, the term +``Secretary concerned'' means the following: + (1) The Secretary of the Army, with respect to the Army. + (2) The Secretary of the Navy, with respect to the Navy, the + Marine Corps, and the Coast Guard (when it is operating as a + service in the Navy). + (3) The Secretary of the Air Force, with respect to the Air + Force. + (4) The Secretary of Defense, with respect to the Defense + Agencies. + SEC. 344. ACQUISITION OF REAL PROPERTY BY AIR FORCE. + (a) Authority.-- + (1) In general.--The Secretary of the Air Force may acquire one + or more parcels of real property within the vicinity of an Air + Force base that has shown signs of contamination from PFOA and PFOS + due to activities on the base and which would extend the contiguous + geographic footprint of the base and increase the force protection + standoff near critical infrastructure and runways. + (2) Improvements and personal property.--The authority under + paragraph (1) to acquire real property described in that paragraph + shall include the authority to purchase improvements and personal + property located on that real property. + (3) Relocation expenses.--The authority under paragraph (1) to + acquire real property described in that paragraph shall include the + authority to provide Federal financial assistance for moving costs, + relocation benefits, and other expenses incurred in accordance with + the Uniform Relocation Assistance and Real Property Acquisition + Policies Act of 1970 (42 U.S.C. 4601 et seq.). + (b) Environmental Activities.--The Air Force shall conduct such +activities at a parcel or parcels of real property acquired under +subsection (a) as are necessary to remediate contamination from PFOA +and PFOS related to activities at the Air Force base. + (c) Funding.--Funds for the land acquisitions authorized under +subsection (a) shall be derived from amounts authorized to be +appropriated for fiscal year 2020 for military construction or the +unobligated balances of appropriations for military construction that +are enacted after the date of the enactment of this Act. + (d) Rule of Construction.--The authority under this section +constitutes authority to carry out land acquisitions for purposes of +section 2802 of title 10, United States Code. + SEC. 345. REMEDIATION PLAN. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to +Congress a remediation plan for cleanup of all water at or adjacent to +a military installation that is contaminated with PFOA or PFOS. + (b) Study.--In preparing the remediation plan under subsection (a), +the Secretary shall conduct a study on the contamination of water at +military installations with PFOA or PFOS. + (c) Budget Amount.--The Secretary shall ensure that each budget of +the President submitted to Congress under section 1105(a) of title 31, +United States Code, requests funding in amounts necessary to address +remediation efforts under the remediation plan submitted under +subsection (a). + Subtitle D--Logistics and Sustainment + + SEC. 351. MATERIEL READINESS METRICS AND OBJECTIVES. + (a) Annual Report on Major Weapons Systems Sustainment.-- + (1) In general.--Chapter 2 of title 10, United States Code, is + amended by inserting after section 117 the following new section: +``Sec. 118. Annual report on major weapons systems sustainment + ``Not later than five days after the date on which the Secretary of +Defense submits to Congress the materials in support of the budget of +the President for a fiscal year, the Secretary of Defense shall submit +to the congressional defense committees an annual report on major +weapons systems sustainment for the period covered by the future years +defense program specified by section 221 of this title. Such report +shall include-- + ``(1) an assessment of the materiel availability, materiel + reliability, and mean down time metrics for each major weapons + system; + ``(2) a detailed explanation of any factors that could preclude + the Department of Defense or any of the military departments from + meeting applicable readiness goals or objectives; and + ``(3) an assessment of the validity and effectiveness of the + definitions used to determine defense readiness, including the + terms `major weapons system', `covered asset', `total and required + inventory', `materiel and operational availability', `materiel and + operational capability', `materiel and operational reliability'.''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter is amended by inserting after the item relating to + section 117 the following new item: + +``118. Annual report on major weapons systems sustainment.''. + + (b) Assessment of Materiel Readiness and Weapons System +Sustainment.-- + (1) Assessment required.--Not later than March 1, 2020, the + Secretary of Defense shall complete a comprehensive assessment of + the materiel readiness and weapons systems sustainment of the + Department of Defense across the Department organic industrial base + and industry partners. + (2) Contents.--The assessment required by paragraph (1) shall + include-- + (A) an assessment of the overall readiness strategy of the + Department of Defense and the capability of such strategy to + measure, track, and assess the readiness of major weapons + systems; + (B) an assessment of the use of objectives and metrics; + (C) a description of applicable reporting requirements; and + (D) applicable definitions and common usage of relevant + terms, including the terms ``major weapons system'', ``covered + asset'', ``total and required inventory'', ``materiel and + operational availability'', ``materiel and operational + capability'', ``materiel and operational reliability'', and + ``maintenance costs''. + (3) Submission to congress.--The Secretary shall provide to the + congressional defense committees-- + (A) a briefing on the assessment required by paragraph (1) + by not later than March 1, 2020; and + (B) a final report on such assessment by not later than + April 1, 2020. + SEC. 352. CLARIFICATION OF AUTHORITY REGARDING USE OF WORKING- + CAPITAL FUNDS FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION + PROJECTS RELATED TO REVITALIZATION AND RECAPITALIZATION OF + DEFENSE INDUSTRIAL BASE FACILITIES. + Section 2208(u) of title 10, United States Code, is amended-- + (1) in paragraph (1), by striking ``carry out'' and inserting + ``fund''; + (2) in paragraph (2)-- + (A) by striking ``Section 2805'' and inserting ``(A) Except + as provided in subparagraph (B), section 2805''; + (B) by striking ``carried out with'' and inserting ``funded + using''; and + (C) by adding at the end the following new subparagraph: + ``(B) For purposes of applying subparagraph (A), the dollar +limitation specified in subsection (a)(2) of section 2805 of this +title, subject to adjustment as provided in subsection (f) of such +section, shall apply rather than the dollar limitation specified in +subsection (c) of such section.''; and + (3) in paragraph (4), by striking ``carry out'' and inserting + ``fund''. + SEC. 353. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS FORWARD + DEPLOYMENT OF NAVAL VESSELS. Section 323 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended-- - (1) by redesignating subsection (c) as subsection (d); and - (2) by inserting after subsection (b) the following new - subsection (c): + (1) by redesignating subsection (c) as subsection (d); and + (2) by inserting after subsection (b) the following new + subsection (c): ``(c) Extension of Limitation on Length of Overseas Forward Deployment for U.S.S. Shiloh (CG-67).--Notwithstanding subsection (b), the Secretary of the Navy shall ensure that the U.S.S. Shiloh (CG-67) is assigned a homeport in the United States by not later than September 30, 2023.''. - - Subtitle D--Reports - -SEC. 341. REPORT ON MODERNIZATION OF JOINT PACIFIC ALASKA RANGE - COMPLEX. - - (a) Report Required.--Not later than May 1, 2020, the Secretary of -the Air Force shall submit to the congressional defense committees a -report on the long-term modernization of the Joint Pacific Alaska Range -Complex (in this section referred to as the ``JPARC''). - (b) Elements.--The report required under subsection (a) shall -include the following: - (1) An assessment of the requirement for the JPARC to - provide realistic training against modern adversaries, - including 5th generation adversary aircraft and ground threats, - and any current limitations compared to those requirements. - (2) An assessment of the requirement for JPARC to provide a - realistic anti-access area denial training environment and any - current limitations compared to those requirements. - (3) An assessment of the requirement to modernize the JPARC - to provide realistic threats in a large-scale, combined-arms - near-peer environment and any current limitations in meeting - that requirement. The assessment should include-- - (A) target sets; - (B) early warning and surveillance systems; - (C) threat systems; - (D) real-time communications capacity and security; - (E) instrumentation and enabling mission data - fusion capabilities; and - (F) such other range deficiencies as the Secretary - of the Air Force considers appropriate to identify. - (4) A plan for balancing coalition training against - training only for members of the Armed Forces of the United - States at the JPARC. - - Subtitle E--Other Matters - -SEC. 351. STRATEGY TO IMPROVE INFRASTRUCTURE OF CERTAIN DEPOTS OF THE - DEPARTMENT OF DEFENSE. - + SEC. 354. EXTENSION OF TEMPORARY INSTALLATION REUTILIZATION + AUTHORITY FOR ARSENALS, DEPOTS, AND PLANTS. + Section 345(d) of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 2667 note) is amended by +striking ``September 30, 2020'' and inserting ``September 30, 2025''. + SEC. 355. F-35 JOINT STRIKE FIGHTER SUSTAINMENT. + (a) Limitation on Use of Funds.--Of the amounts authorized to be +appropriated or otherwise made available in this Act for the Office of +the Under Secretary of Defense for Acquisition and Sustainment for +fiscal year 2020, not more than 75 percent may be obligated or expended +until the date on which the Under Secretary submits the report required +by subsection (b). + (b) Report Required.--The Under Secretary of Defense for +Acquisition and Sustainment shall submit to the Committees on Armed +Services of the Senate and House of Representatives a report on steps +being taken to improve the availability and accountability of F-35 +parts within the supply chain. At a minimum, the report shall include a +detailed plan for each of the following elements: + (1) How the accountable property system of record will be + updated with information from the prime contractors supplying such + parts on required cost and related data with respect to the parts + and how the F-35 Program Office will ensure such contractors are + adhering to contractual requirements for the management, reporting, + visibility, and accountability of all such parts supplied by the + prime contractors. + (2) How the accountability property system of record will have + interfaces that allow the F-35 Program Office and other authorized + entities to have proper accountability of assets in accordance with + applicable Department of Defense Instructions, Department of + Defense Manuals, and other applicable regulations. + (3) How the F-35 Program Office, in coordination with the + military departments, will ensure business rules for the + prioritization of F-35 parts across all program participants are + sufficient, effective, and responsive. + (4) Steps being taken to ensure parts within the base, afloat, + and deployment spares packages are compatible for deploying F-35 + aircraft and account for updated parts demand. + SEC. 356. REPORT ON STRATEGIC POLICY FOR PREPOSITIONED MATERIEL AND + EQUIPMENT. + Not later than March 1, 2020, the Assistant Secretary of Defense +for Sustainment, in coordination with the Joint Staff, shall submit to +the Committees on Armed Services of the Senate and House of +Representatives a report on the implementation plan for prepositioned +materiel and equipment required by section 321(b) of the National +Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 +Stat. 730; 10 U.S.C. 2229 note). Such report shall include each of the +following: + (1) A comprehensive list of the prepositioned materiel and + equipment programs of the Department of Defense. + (2) A detailed description of how the plan will be implemented. + (3) A description of the resources required to implement the + plan, including the amount of funds and personnel. + (4) A description of how the plan will be reviewed and assessed + to monitor progress. + (5) Guidance on applying a consistent definition of + prepositioning across the Department, including the military + departments, the combatant commands, and the Defense Agencies. + (6) A detailed description of how the Secretary will implement + a joint oversight approach of the prepositioning programs of the + military departments. + SEC. 357. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN CRITICAL + SHIPBUILDING SKILLS. + (a) Establishment.--The Secretary of the Navy may carry out a pilot +program to train individuals to become skilled technicians in critical +shipbuilding skills such as welding, metrology, quality assurance, +machining, and additive manufacturing. + (b) Partnerships.--In carrying out the pilot program under this +section, the Secretary may partner with existing Federal or State +projects relating to investment and infrastructure in training and +education or workforce development, such as the National Network for +Manufacturing Innovation, the Industrial Base Analysis and Sustainment +program of the Department of Defense, and the National Maritime +Educational Council. + (c) Termination.--The authority to carry out a pilot program under +this section shall terminate on September 30, 2025. + (d) Briefings.--If the Secretary carries out a pilot program under +this section, the Secretary shall provide briefings to the Committees +on Armed Services of the Senate and the House of Representatives as +follows: + (1) Not later than 30 days before beginning to implement the + pilot program, the Secretary shall provide a briefing on the plan, + cost estimate, and schedule for the pilot program. + (2) Not less frequently than annually during the period when + the pilot program is carried out, the Secretary shall provide + briefings on the progress of the Secretary in carrying out the + pilot program. + SEC. 358. REQUIREMENT FOR MILITARY DEPARTMENT INTER-SERVICE DEPOT + MAINTENANCE. + (a) Joint Process for Technical Compliance and Quality Control.--If +the Secretary of a military department transfers any maintenance action +on a platform to a depot under the jurisdiction of the Secretary of +another military department, the two Secretaries shall develop and +implement a process to ensure the technical compliance and quality +control for the work performed. + (b) Requirements.--A process developed under subsection (a) shall +include the following requirements-- + (1) The Secretary of the military department with jurisdiction + over the depot to which the maintenance action is transferred + shall-- + (A) ensure that the technical specifications, requirements, + and standards for work to be performed are provided to such + action or depot; and + (B) implement procedures to ensure that completed work + complies with such specifications, requirements and standards. + (2) The Secretary who transfers the maintenance activity or + depot shall ensure that-- + (A) the technical specifications and requirements are + clearly understood; and + (B) the work performed is completed to the technical + specifications, requirements, and standards prescribed under + paragraph (1), and that the Secretary of the military + department with jurisdiction over the depot is informed of any + shortcoming or discrepancy. + (c) Reports.--Not later than 180 days after the date of the +enactment of this Act, the Under Secretary of Defense for Acquisition +and Sustainment shall submit to the congressional defense committees a +report containing a certification that sufficient policy and procedures +are in place to ensure quality control when the depot or maintenance +activities of one military department support another. The report shall +include a description of known shortfalls in existing policies and +procedures and actions the Department of Defense is taking to address +such shortfalls. + SEC. 359. STRATEGY TO IMPROVE INFRASTRUCTURE OF CERTAIN DEPOTS OF + THE DEPARTMENT OF DEFENSE. (a) Strategy Required.--Not later than October 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy for improving the depot @@ -4545,239 +7755,367 @@ support the readiness and material availability goals of current and future weapon systems of the Department of Defense. (b) Elements.--The strategy under subsection (a) shall include the following: - (1) A comprehensive review of the conditions and - performance at each covered depot, including the following: - (A) An assessment of the current status of the - following elements: - (i) Cost and schedule performance of the - depot. - (ii) Material availability of weapon - systems supported at the depot and the impact - of the performance of the depot on that - availability. - (iii) Work in progress and non-operational - items awaiting depot maintenance. - (iv) The condition of the depot. - (v) The backlog of restoration and - modernization projects at the depot. - (vi) The condition of equipment at the - depot. - (B) An identification of analytically based goals - relating to the elements identified in subparagraph - (A). - (2) A business-case analysis that assesses investment - alternatives comparing cost, performance, risk, and readiness - outcomes and recommends an optimal investment approach across - the Department of Defense to ensure covered depots efficiently - and effectively meet the readiness goals of the Department, - including an assessment of the following alternatives: - (A) The minimum investment necessary to meet - investment requirements under section 2476 of title 10, - United States Code. - (B) The investment necessary to ensure the current - inventory of facilities at covered depots can meet the - mission-capable, readiness, and contingency goals of - the Secretary of Defense. - (C) The investment necessary to execute the depot - infrastructure optimization plans of each military - department. - (D) Any other strategies for investment in covered - depots, as identified by the Secretary. - (3) A plan to improve conditions and performance of covered - depots that identifies the following: - (A) The approach of the Secretary of Defense for - achieving the goals outlined in paragraph (1)(B). - (B) The resources and investments required to - implement the plan. - (C) The activities and milestones required to - implement the plan. - (D) A results-oriented approach to assess-- - (i) the progress of each military - department in achieving such goals; and - (ii) the progress of the Department in - implementing the plan. - (E) Organizational roles and responsibilities for - implementing the plan. - (F) A process for conducting regular management - review and coordination of the progress of each - military department in implementing the plan and - achieving such goals. - (G) The extent to which the Secretary has addressed - recommendations made by the Comptroller General of the - United States relating to depot operations during the - five-year period preceding the date of submittal of the - strategy under this section. - (H) Risks to implementing the plan and mitigation - strategies to address those risks. + (1) A comprehensive review of the conditions and performance at + each covered depot, including the following: + (A) An assessment of the current status of the following + elements: + (i) Cost and schedule performance of the depot. + (ii) Material availability of weapon systems supported + at the depot and the impact of the performance of the depot + on that availability. + (iii) Work in progress and non-operational items + awaiting depot maintenance. + (iv) The condition of the depot. + (v) The backlog of restoration and modernization + projects at the depot. + (vi) The condition of equipment at the depot. + (vii) the vulnerability of the depot to adverse + environmental conditions and, if necessary, the investment + required to withstand those conditions. + (B) An identification of analytically based goals relating + to the elements identified in subparagraph (A). + (2) A business-case analysis that assesses investment + alternatives comparing cost, performance, risk, and readiness + outcomes and recommends an optimal investment approach across the + Department of Defense to ensure covered depots efficiently and + effectively meet the readiness goals of the Department, including + an assessment of the following alternatives: + (A) The minimum investment necessary to meet investment + requirements under section 2476 of title 10, United States + Code. + (B) The investment necessary to ensure the current + inventory of facilities at covered depots can meet the mission- + capable, readiness, and contingency goals of the Secretary of + Defense. + (C) The investment necessary to execute the depot + infrastructure optimization plans of each military department. + (D) Any other strategies for investment in covered depots, + as identified by the Secretary. + (3) A plan to improve conditions and performance of covered + depots that identifies the following: + (A) The approach of the Secretary of Defense for achieving + the goals outlined in paragraph (1)(B). + (B) The resources and investments required to implement the + plan. + (C) The activities and milestones required to implement the + plan. + (D) A results-oriented approach to assess-- + (i) the progress of each military department in + achieving such goals; and + (ii) the progress of the Department in implementing the + plan. + (E) Organizational roles and responsibilities for + implementing the plan. + (F) A process for conducting regular management review and + coordination of the progress of each military department in + implementing the plan and achieving such goals. + (G) The extent to which the Secretary has addressed + recommendations made by the Comptroller General of the United + States relating to depot operations during the five-year period + preceding the date of submittal of the strategy under this + section. + (H) Risks to implementing the plan and mitigation + strategies to address those risks. (c) Annual Report on Progress.--As part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report describing the progress made in-- - (1) implementing the strategy under subsection (a); and - (2) achieving the goals outlined in subsection (b)(1)(B). + (1) implementing the strategy under subsection (a); and + (2) achieving the goals outlined in subsection (b)(1)(B). (d) Comptroller General Reports.-- - (1) Assessment of strategy.--Not later than January 1, - 2021, the Comptroller General of the United States shall submit - to the congressional defense committees a report assessing the - extent to which the strategy under subsection (a) meets the - requirements of this section. - (2) Assessment of implementation.--Not later than April 1, - 2022, the Comptroller General shall submit to the congressional - defense committees a report setting forth an assessment of the - extent to which the strategy under subsection (a) has been - effectively implemented by each military department and the - Secretary of Defense. + (1) Assessment of strategy.--Not later than January 1, 2021, + the Comptroller General of the United States shall submit to the + congressional defense committees a report assessing the extent to + which the strategy under subsection (a) meets the requirements of + this section. + (2) Assessment of implementation.--Not later than April 1, + 2022, the Comptroller General shall submit to the congressional + defense committees a report setting forth an assessment of the + extent to which the strategy under subsection (a) has been + effectively implemented by each military department and the + Secretary of Defense. (e) Covered Depot Defined.--In this section, the term ``covered depot'' has the meaning given that term in section 2476(e) of title 10, United States Code. -SEC. 352. LIMITATION ON USE OF FUNDS REGARDING THE BASING OF KC-46A - AIRCRAFT OUTSIDE THE CONTINENTAL UNITED STATES. + Subtitle E--Reports - (a) Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of the Air Force shall - submit to Congress a report on the projected plan and timeline - for strategic basing of the KC-46A aircraft outside the - continental United States. - (2) Elements.--In considering basing options in the report - required by paragraph (1), the Secretary of the Air Force shall - consider locations that-- - (A) support day-to-day air refueling operations, - operations plans of the combatant commands, and - flexibility for contingency operations, and have-- - (i) a strategic location that is essential - to the defense of the United States and its - interests; - (ii) receivers for boom or probe-and-drogue - combat training opportunities with joint and - international partners; and - (iii) sufficient airfield and airspace - availability and capacity to meet requirements; - and - (B) possess facilities that-- - (i) take full advantage of existing - infrastructure to provide-- - (I) runways, hangars, and aircrew - and maintenance operations; and - (II) sufficient fuel receipt, - storage, and distribution for a five- - day peacetime operating stock; and - (ii) minimize overall construction and - operational costs. - (b) Limitation on Use of Funds.--Not more than 85 percent of the -funds authorized to be appropriated by this Act or otherwise made -available for fiscal year 2020 for the Air Force for operation and -maintenance for the Management Headquarters Program (Program Element -92398F) may be obligated or expended until the Secretary of the Air -Force submits the report required by subsection (a) unless the -Secretary of the Air Force certifies to Congress that the use of -additional funds is mission essential. + SEC. 361. READINESS REPORTING. + (a) Readiness Reporting System.--Section 117 of title 10, United +States Code, is amended-- + (1) by striking subsections (d) through (g); and + (2) by redesignating subsection (h) as subsection (d). + (b) Quarterly Reports.--Section 482 of title 10, United States +Code, is amended-- + (1) in the section heading, by striking ``Quarterly reports: + personnel and unit readiness'' and inserting ``Readiness reports''; + (2) in subsection (a)-- + (A) In the subsection heading, by striking ``Quarterly + Reports Required'' and inserting ``Reports and Briefings''; + (B) In the first sentence-- + (i) by striking ``Not later'' and inserting ``(1) Not + later''; and + (ii) by striking ``each calendar-year quarter'' and + inserting ``the second and fourth quarter of each calendar + year''; + (C) by striking the second and third sentences and + inserting ``The Secretary of Defense shall submit each such + report in writing and shall also submit a copy of each such + report to the Chairman of the Joint Chiefs of Staff.''; and + (D) by adding at the end the following new paragraphs: + ``(2) Not later than 30 days after the end of the first and third +quarter of each calendar year, the Secretary of Defense shall provide +to Congress a briefing regarding the military readiness of the active +and reserve components. + ``(3) Each report under this subsection shall contain the elements +required by subsection (b) for the quarter covered by the report, and +each briefing shall address any changes to the elements described in +subsection (b) since the submittal of the most recently submitted +report.''; + (3) by striking subsection (b) and inserting the following: + ``(b) Required Elements.--The elements described in this subsection +are each of the following: + ``(1) A description of each readiness problem or deficiency + that affects the ground, sea, air, space, cyber, or special + operations forces, and any other area determined appropriate by the + Secretary of Defense. + ``(2) The key contributing factors, indicators, and other + relevant information related to each identified problem or + deficiency. + ``(3) The short-term mitigation strategy the Department will + employ to address each readiness problem or deficiency until a + resolution is in place, as well as the timeline, cost, and any + legislative remedies required to support the resolution. + ``(4) A summary of combat readiness ratings for the key force + elements assessed, including specific information on personnel, + supply, equipment, and training problems or deficiencies that + affect the combat readiness ratings for each force element. + ``(5) A summary of each upgrade or downgrade of the combat + readiness of a unit that was issued by the commander of the unit, + together with the rationale of the commander for the issuance of + such upgrade or downgrade. + ``(6) A summary of the readiness of supporting capabilities, + including infrastructure, prepositioned equipment and supplies, and + mobility assets, and other supporting logistics capabilities. + ``(7) A summary of the readiness of the combat support and + related agencies, any readiness problem or deficiency affecting any + mission essential tasks of any such agency, and actions recommended + to address any such problem or deficiency. + ``(8) A list of all Class A, Class B, and Class C mishaps that + occurred in operations related to combat support and training + events involving aviation, ground, or naval platforms, weapons, + space, or Government vehicles, as defined by Department of Defense + Instruction 6055.07, or a successor instruction. + ``(9) Information on the extent to which units of the armed + forces have removed serviceable parts, supplies, or equipment from + one vehicle, vessel, or aircraft in order to render a different + vehicle, vessel, or aircraft operational. + ``(10) Such other information as determined necessary or + appropriate by the Secretary of Defense.''; + (4) by striking subsections (d) through (h) and subsection (j); + (5) by redesignating subsection (i) as subsection (e); and + (6) by inserting after subsection (c) the following new + subsections (d): + ``(d) Semi-Annual Joint Force Readiness Review.--(1) Not later than +30 days after the last day of the first and third quarter of each +calendar year, the Chairman of the Joint Chiefs of Staff shall submit +to Congress a written report on the capability of the armed forces, the +combat support and related agencies, operational contract support, and +the geographic and functional combatant commands to execute their +wartime missions based upon their posture and readiness as of the time +the review is conducted. + ``(2) The Chairman shall produce the report required under this +subsection using information derived from the quarterly reports +required by subsection (a). + ``(3) Each report required by this subsection shall include an +assessment by each commander of a geographic or functional combatant +command of the readiness of the command to conduct operations in a +multidomain battle that integrates ground, sea, air, space, cyber, and +special operations forces. + ``(4) The Chairman shall submit to the Secretary of Defense a copy +of each report under this subsection.''. + (c) Clerical Amendment.--The table of sections at the beginning of +chapter 23 of such title is amended by striking the item relating to +section 482 and inserting the following new item: + +``482. Readiness reports.''. + SEC. 362. TECHNICAL CORRECTION TO DEADLINE FOR TRANSITION TO + DEFENSE READINESS REPORTING SYSTEM STRATEGIC. + Section 358(c) of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking +``October 1, 2019'' and inserting ``October 1, 2020''. + SEC. 363. REPORT ON NAVY SHIP DEPOT MAINTENANCE BUDGET. + (a) In General.--Not later than March 1 of each of 2020, 2021, and +2022, the Secretary of the Navy shall submit to the Committees on Armed +Services of the Senate and House of Representatives a report on the +Operation and Maintenance, Ship Depot Maintenance budget sub-activity +group. + (b) Elements.--The report required under subsection (a) shall +include each of the following elements: + (1) A breakdown of funding, categorized by class of ship, + requested for ship and submarine maintenance. + (2) A description of how the requested funding, categorized by + class of ship, compares to the identified ship maintenance + requirement. + (3) The amount of funds appropriated for each class of ship for + the preceding fiscal year. + (4) The amount of funds obligated and expended for each class + of ship for each of the three preceding fiscal years. + (5) The cost, categorized by class of ship, of unplanned growth + work for each of the three preceding fiscal years. + SEC. 364. REPORT ON RUNIT DOME. + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Energy shall submit to the +Committees on Armed Services of the Senate and House of Representatives +a report on the status of the Runit Dome in the Marshal Islands. + (b) Matters for Inclusion.--The report required by subsection (a) +shall include each of the following: + (1) A detailed plan to repair the dome to ensure that it does + not have any harmful effects to the local population, environment, + or wildlife, including the projected costs of implementing such + plan. + (2) The effects on the environment that the dome has currently + and is projected to have in 5 years, 10 years, and 20 years. + (3) An assessment of the current condition of the outer + constructs of the dome. + (4) An assessment of the current and long-term safety to local + humans posed by the site. + (5) An assessment of how rising sea levels might affect the + dome. + (6) A summary of interactions between the Government of the + United States and the government of the Marshall Islands about the + dome. + (c) Form of Report.--The report required by subsection (a) shall be +submitted in unclassified form and made publicly available. + SEC. 365. PROHIBITION ON SUBJECTIVE UPGRADES BY COMMANDERS OF UNIT + RATINGS IN MONTHLY READINESS REPORTING ON MILITARY UNITS. + (a) In General.--The Chairman of the Joint Chiefs of Staff shall +modify Chairman of the Joint Chiefs of Staff Instruction (CJCSI) +3401.02B, on Force Readiness Reporting, to prohibit the commander of a +military unit who is responsible for monthly reporting of the readiness +of the unit under the instruction from making any upgrade of the +overall rating of the unit (commonly referred to as the ``C-rating'') +for such reporting purposes based in whole or in part on subjective +factors. + (b) Waiver.-- + (1) In general.--The modification required by subsection (a) + shall authorize an officer in a general or flag officer grade in + the chain of command of a commander described in that subsection to + waive the prohibition described in that subsection in connection + with readiness reporting on the unit concerned if the officer + considers the waiver appropriate in the circumstances. + (2) Reporting on waivers.--Each report on personnel and unit + readiness submitted to Congress for a calendar year quarter + pursuant to section 482 of title 10, United States Code, shall + include information on each waiver, if any, issued pursuant to + paragraph (1) during such calendar year quarter. + SEC. 366. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE PROFICIENCY IN + READINESS REPORTING SYSTEMS OF DEPARTMENT OF DEFENSE. + Not later than 90 days after the date of the enactment of this Act, +the Secretary of Defense and the Secretary of each military department +shall include in the Global Readiness and Force Management Enterprise, +for the appropriate billets with relevant foreign language +requirements, measures of foreign language proficiency as a mandatory +element of unit readiness reporting, to include the Defense Readiness +Reporting Systems-Strategic (DRRS-S) and all other subordinate systems +that report readiness data. -SEC. 353. PREVENTION OF ENCROACHMENT ON MILITARY TRAINING ROUTES AND - MILITARY OPERATIONS AREAS. + Subtitle F--Other Matters + SEC. 371. PREVENTION OF ENCROACHMENT ON MILITARY TRAINING ROUTES + AND MILITARY OPERATIONS AREAS. Section 183a of title 10, United States Code, is amended-- - (1) in subsection (c)(6)-- - (A) by striking ``radar or airport surveillance - radar operated'' and inserting ``radar, airport - surveillance radar, or wide area surveillance over-the- - horizon radar operated''; and - (B) by inserting ``Any setback for a project - pursuant to the previous sentence shall not be more - than what is determined to be necessary by a technical - analysis conducted by the Lincoln Laboratory at the - Massachusetts Institute of Technology or any successor - entity.'' after ``mitigation options.''; - (2) in subsection (d)-- - (A) in paragraph (2)(E), by striking ``to a Deputy - Secretary of Defense, an Under Secretary of Defense, or - a Principal Deputy Under Secretary of Defense'' and - inserting ``to the Deputy Secretary of Defense, an - Under Secretary of Defense, or a Deputy Under Secretary - of Defense''; - (B) by redesignating paragraph (3) as paragraph - (4); and - (C) by inserting after paragraph (2) the following - new paragraph (3): - ``(3) The governor of a State may recommend to the - Secretary of Defense additional geographical areas of concern - within that State. Any such recommendation shall be submitted - for notice and comment pursuant to paragraph (2)(C).''; - (3) in subsection (e)(3), by striking ``an under secretary - of defense, or a deputy under secretary of defense'' and - inserting ``an Under Secretary of Defense, or a Deputy Under - Secretary of Defense''; - (4) in subsection (f), by striking ``from an applicant for - a project filed with the Secretary of Transportation pursuant - to section 44718 of title 49'' and inserting ``from an entity - requesting a review by the Clearinghouse under this section''; + (1) in subsection (c)(6), in the second sentence-- + (A) by striking ``radar or airport surveillance radar + operated'' and inserting ``radar, airport surveillance radar, + or wide area surveillance over-the-horizon radar operated''; and - (5) in subsection (h)-- - (A) by redesignating paragraphs (3), (4), (5), (6), - and (7) as paragraphs (4), (5), (6), (7), and (9), - respectively; - (B) by inserting after paragraph (2) the following - new paragraph (3): - ``(3) The term `governor', with respect to a State, means - the chief executive officer of the State.''; - (C) in paragraph (7), as redesignated by - subparagraph (A), by striking ``by the Federal Aviation - Administration'' and inserting ``by the Administrator - of the Federal Aviation Administration''; and - (D) by inserting after paragraph (7), as - redesignated by subparagraph (A), the following new - paragraph: - ``(8) The term `State' means the several States, the - District of Columbia, the Commonwealth of Puerto Rico, the - Commonwealth of the Northern Mariana Islands, Guam, the United - States Virgin Islands, and American Samoa.''. - -SEC. 354. EXPANSION AND ENHANCEMENT OF AUTHORITIES ON TRANSFER AND - ADOPTION OF MILITARY ANIMALS. - + (B) by inserting ``Any setback for a project pursuant to + the previous sentence shall not be more than what is determined + to be necessary by a technical analysis conducted by the + Lincoln Laboratory at the Massachusetts Institute of Technology + or any successor entity.'' after ``mitigation options.''; + (2) in subsection (d)-- + (A) in paragraph (2)(E), by striking ``to a Deputy + Secretary of Defense, an Under Secretary of Defense, or a + Principal Deputy Under Secretary of Defense'' and inserting + ``to the Deputy Secretary of Defense, an Under Secretary of + Defense, or a Deputy Under Secretary of Defense''; + (B) by redesignating paragraph (3) as paragraph (4); and + (C) by inserting after paragraph (2) the following new + paragraph (3): + ``(3) The governor of a State may recommend to the Secretary of +Defense additional geographical areas of concern within that State. Any +such recommendation shall be submitted for notice and comment pursuant +to paragraph (2)(C).''; + (3) in subsection (e)(3), by striking ``an under secretary of + defense, or a deputy under secretary of defense'' and inserting + ``an Under Secretary of Defense, or a Deputy Under Secretary of + Defense''; + (4) in subsection (f), in the first sentence, by striking + ``from an applicant for a project filed with the Secretary of + Transportation pursuant to section 44718 of title 49'' and + inserting ``from an entity requesting a review by the Clearinghouse + under this section''; and + (5) in subsection (h)-- + (A) by redesignating paragraphs (3), (4), (5), (6), and (7) + as paragraphs (4), (5), (6), (7), and (9), respectively; + (B) by inserting after paragraph (2) the following new + paragraph (3): + ``(3) The term `governor', with respect to a State, means the + chief executive officer of the State.''; + (C) in paragraph (7), as redesignated by subparagraph (A), + by striking ``by the Federal Aviation Administration'' and + inserting ``by the Administrator of the Federal Aviation + Administration''; and + (D) by inserting after paragraph (7), as redesignated by + subparagraph (A), the following new paragraph: + ``(8) The term `State' means the several States, the District + of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of + the Northern Mariana Islands, Guam, the United States Virgin + Islands, and American Samoa.''. + SEC. 372. EXPANSION AND ENHANCEMENT OF AUTHORITIES ON TRANSFER AND + ADOPTION OF MILITARY ANIMALS. (a) Transfer and Adoption Generally.--Section 2583 of title 10, United States Code, is amended-- - (1) in subsection (a)-- - (A) in the subsection heading, by inserting - ``Transfer or'' before ``Adoption''; and - (B) by striking ``adoption'' each place it appears - and inserting ``transfer or adoption''; - (2) in subsection (b)-- - (A) in the subsection heading, by inserting - ``Transfer or'' before ``Adoption''; and - (B) in the first sentence, by striking ``adoption'' - and inserting ``transfer or adoption''; and - (C) in the second sentence, striking - ``adoptability'' and inserting ``transferability or - adoptability''; - (3) in subsection (c)(1)-- - (A) in the matter preceding subparagraph (A)-- - (i) by inserting ``transfer or'' before - ``adoption''; and - (ii) by inserting ``, by'' after - ``recommended priority''; - (B) in subparagraphs (A) and (B), by inserting - ``adoption'' before ``by''; - (C) in subparagraph (B), by inserting ``or - organizations'' after ``persons''; and - (D) in subparagraph (C), by striking ``by'' and - inserting ``transfer to''; and - (4) in subsection (e)-- - (A) in the subsection heading, by inserting ``or - Adopted''after ``Transferred''; - (B) in paragraphs (1) and (2), by striking - ``transferred'' each place it appears and inserting - ``transferred or adopted''; and - (C) in paragraph (2), by striking ``transfer'' each - place it appears and inserting ``transfer or - adoption''. + (1) in subsection (a)-- + (A) in the subsection heading, by inserting ``Transfer or'' + before ``Adoption''; and + (B) by striking ``adoption'' each place it appears and + inserting ``transfer or adoption''; + (2) in subsection (b)-- + (A) in the subsection heading, by inserting ``Transfer or'' + before ``Adoption''; and + (B) in the first sentence, by striking ``adoption'' and + inserting ``transfer or adoption''; and + (C) in the second sentence, striking ``adoptability'' and + inserting ``transferability or adoptability''; + (3) in subsection (c)(1)-- + (A) in the matter preceding subparagraph (A)-- + (i) by inserting ``transfer or'' before ``adoption''; + and + (ii) by inserting ``, by'' after ``recommended + priority''; + (B) in subparagraphs (A) and (B), by inserting ``adoption'' + before ``by''; + (C) in subparagraph (B), by inserting ``or organizations'' + after ``persons''; and + (D) in subparagraph (C), by striking ``by'' and inserting + ``transfer to''; and + (4) in subsection (e)-- + (A) in the subsection heading, by inserting ``or + Adopted''after ``Transferred''; + (B) in paragraphs (1) and (2), by striking ``transferred'' + each place it appears and inserting ``transferred or adopted''; + and + (C) in paragraph (2), by striking ``transfer'' each place + it appears and inserting ``transfer or adoption''. (b) Veterinary Screening and Care for Military Working Dogs to Be Retired.--Such section is further amended-- - (1) by redesignating subsections (f), (g), and (h) as - subsections (g), (h), and (i), respectively; and - (2) by inserting after subsection (e) the following new - subsection (f): + (1) by redesignating subsections (f), (g), and (h) as + subsections (g), (h), and (i), respectively; and + (2) by inserting after subsection (e) the following new + subsection (f): ``(f) Veterinary Screening and Care for Military Working Dogs To Be Retired.--(1)(A) If the Secretary of the military department concerned determines that a military working dog should be retired, such @@ -4813,15 +8151,15 @@ as follows: completion of veterinary screening and care for a military working dog to be retired pursuant to subsection (f), the Secretary of the military department concerned shall-- - ``(1) if the dog was at a location outside the United - States immediately prior to transportation for such screening - and care and a United States citizen or member of the armed - forces living abroad agrees to adopt the dog, transport the dog - to such location for adoption; or - ``(2) for any other dog, transport the dog-- - ``(A) to the 341st Training Squadron; - ``(B) to another location within the United States - for transfer or adoption under this section.''. + ``(1) if the dog was at a location outside the United States + immediately prior to transportation for such screening and care and + a United States citizen or member of the armed forces living abroad + agrees to adopt the dog, transport the dog to such location for + adoption; or + ``(2) for any other dog, transport the dog-- + ``(A) to the 341st Training Squadron; + ``(B) to another location within the United States for + transfer or adoption under this section.''. (d) Preservation of Policy on Transfer of Military Working Dogs to Law Enforcement Agencies.--Subsection (h) of such section, as so redesignated, is amended in paragraph (3) by striking ``adoption of @@ -4832,181 +8170,230 @@ lives.''. (e) Clarification of Horses Treatable as Military Animals.-- Subsection (i) of such section, as so redesignated, is amended by striking paragraph (2) and inserting the following new paragraph (2): - ``(2) An equid (horse, mule, or donkey) owned by the - Department of Defense.''. + ``(2) An equid (horse, mule, or donkey) owned by the Department + of Defense.''. (f) Contract Term for Contract Working Dogs.--Section 2410r(a) of title 10, United States Code, is amended-- - (1) by inserting ``, and shall contain a contract term,'' - after ``shall require''; - (2) by inserting ``and assigned for veterinary screening - and care in accordance with section 2583 of this title'' after - ``341st Training Squadron''; and - (3) by striking ``section 2583 of this title'' and - inserting ``such section''. - -SEC. 355. LIMITATION ON CONTRACTING RELATING TO DEFENSE PERSONAL - PROPERTY PROGRAM. - - (a) Contracting Prohibition.--The Secretary of Defense may not -enter into or award any single or multiple-award contract to a single- -source or multiple-vendor commercial provider for the management of the -Defense Personal Property Program during the period beginning on the -date of the enactment of this Act and ending on the date that is 60 -days after the date on which the Comptroller General of the United -States submits to the congressional defense committees a report on the -administration of the Defense Personal Property Program, which was -requested by the Committee on Armed Services of the Senate to be -submitted to the congressional defense committees not later than -February 15, 2020. - (b) Review of Proposals.--Nothing in this section shall be -construed as preventing the Secretary of Defense from reviewing or -evaluating any solicited or unsolicited proposals to improve the -Defense Personal Property Program. - -SEC. 356. PROHIBITION ON SUBJECTIVE UPGRADES BY COMMANDERS OF UNIT - RATINGS IN MONTHLY READINESS REPORTING ON MILITARY UNITS. + (1) by inserting ``, and shall contain a contract term,'' after + ``shall require''; + (2) by inserting ``and assigned for veterinary screening and + care in accordance with section 2583 of this title'' after ``341st + Training Squadron''; and + (3) by striking ``section 2583 of this title'' and inserting + ``such section''. + SEC. 373. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO USE + DEPARTMENT OF DEFENSE REIMBURSEMENT RATE FOR TRANSPORTATION + SERVICES PROVIDED TO CERTAIN NON-DEPARTMENT OF DEFENSE ENTITIES. + Section 2642(b) of title 10, United States Code, is amended by +striking ``October 1, 2019'' and inserting ``October 1, 2024''. + SEC. 374. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPORTATION TO + ISSUE NON-PREMIUM AVIATION INSURANCE. + Section 44310(b) of title 49, United States Code, is amended by +striking ``December 31, 2019'' and inserting ``September 30, 2023''. + SEC. 375. DEFENSE PERSONAL PROPERTY PROGRAM. + (a) Report on Personal Property Program Improvement Action Plan.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Under Secretary of Defense for + Acquisition and Sustainment and the Under Secretary of Defense for + Personnel and Readiness shall jointly submit to the congressional + defense committees a report on implementation of the Personal + Property Program Improvement Action Plan that was developed by the + Personnel Relocation/Household Goods Movement Cross-Functional + Team. + (2) Contents of report.--The report required under paragraph + (1) shall include updated information on the efforts of the + Department of Defense to-- + (A) integrate permanent-change-of-station orders with + transportation systems; + (B) reduce the number of report dates during peak moving + season; + (C) synchronize the communication of information about + orders to all parties involved, including industry; + (D) improve lead time for permanent-change-of-station + orders; + (E) meet quality assurance inspection standards; + (F) improve the claims review process; and + (G) incorporate predictive analytics to anticipate + potentially problematic shipments. + (3) Briefing.--Not later than 180 days after the date of the + enactment of this Act, the Under Secretary of Defense for + Acquisition and Sustainment and the Assistant Secretary of Defense + for Personnel and Readiness shall jointly provide to the + congressional defense committees a briefing on the report required + under this subsection. + (b) Business Case Analysis.--Not later than 30 days after the date +of the enactment of this Act, the Commander of United States +Transportation Command shall submit to the congressional defense +committees a business case analysis for the proposed award of a global +household goods contract for the defense personal property program. + (c) GAO Report.--Not later than 30 days after the date on which the +Commander of United States Transportation Command submits the business +case analysis required by subsection (b), the Comptroller General of +the United States shall submit to the congressional defense committees +a report on a comprehensive study conducted by the Comptroller General +that includes-- + (1) an analysis of the effects that the outsourcing of the + management and oversight of the movement of household goods to a + private entity or entities would have on members of the Armed + Forces and their families; + (2) a comprehensive cost-benefit analysis; and + (3) recommendations for changes to the strategy of the + Department of Defense for the defense personal property program. + (d) Limitation.--None of the funds authorized to be appropriated by +this Act or otherwise made available for the Department of Defense for +fiscal year 2020 may be used to enter into a global household goods +contract until April 1, 2020. + (e) Definitions.--In this section: + (1) The term ``global household goods contract'' means the + solicitation managed by United States Transportation Command to + engage a private entity to manage the defense personal property + program. + (2) The term ``defense personal property program'' means the + Department of Defense program used to manage the shipment of the + baggage and household effects of members of the Armed Forces under + section 476 of title 37, United States Code. + SEC. 376. PUBLIC EVENTS ABOUT RED HILL BULK FUEL STORAGE FACILITY. + (a) Requirement.--At least once every calendar quarter, the +Secretary of the Navy, or the designee of the Secretary, shall hold an +event that is open to the public at which the Secretary shall provide +up-to-date information about the Red Hill Bulk Fuel Storage Facility. + (b) Termination.--The requirement to hold events under subsection +(a) shall terminate on the earlier of the following dates: + (1) September 30, 2025. + (2) The date on which the Red Hill Bulk Fuel Storage Facility + ceases operation. + SEC. 377. SENSE OF CONGRESS REGARDING INNOVATIVE READINESS TRAINING + PROGRAM. + It is the sense of Congress that-- + (1) the Innovative Readiness Training program is an effective + training program for members of the Armed Forces and is highly + beneficial to civilian-military relationships with local American + communities; + (2) due to the geographic complexities and realities of non- + contiguous States and territories, Innovative Readiness Training + has lent greater benefit to such States and territories while + providing unique and realistic training opportunities and + deployment readiness for members of the Armed Forces; + (3) the Department of Defense should pursue continued + Innovative Readiness Training opportunities, and, where applicable, + strongly encourage the use of Innovative Readiness Training in non- + contiguous States and territories; and + (4) in considering whether to recommend a project, the + Secretary should consider the benefits of the project to the + economy of a region damaged by natural disasters. + SEC. 378. DETONATION CHAMBERS FOR EXPLOSIVE ORDNANCE DISPOSAL. + (a) In General.--The Secretary of the Navy shall purchase and +operate a portable closed detonation chamber and water jet cutting +system to be deployed at a former naval bombardment area located +outside the continental United States that is part of an active +remediation program using amounts made available for environmental +restoration, Navy. Upon a determination by the Secretary of the Navy +that the chamber has completed the mission of destroying appropriately +sized munitions at such former naval bombardment area, the Secretary +may deploy the chamber to another location. + (b) Authorization of Appropriations.--There is authorized to be +appropriated for fiscal year 2020 $10,000,000 to carry out subsection +(a). - (a) In General.--The Chairman of the Joint Chiefs of Staff shall -modify Chairman of the Joint Chiefs of Staff Instruction (CJCSI) -3401.02B, on Force Readiness Reporting, to prohibit the commander of a -military unit who is responsible for monthly reporting of the readiness -of the unit under the instruction from making any upgrade of the -overall rating of the unit (commonly referred to as the ``C-rating'') -for such reporting purposes based in whole or in part on subjective -factors. - (b) Waiver.-- - (1) In general.--The modification required by subsection - (a) shall authorize an officer in a general or flag officer - grade in the chain of command of a commander described in that - subsection to waive the prohibition described in that - subsection in connection with readiness reporting on the unit - concerned if the officer considers the waiver appropriate in - the circumstances. - (2) Reporting on waivers.--Each report on personnel and - unit readiness submitted to Congress for a calendar year - quarter pursuant to section 482 of title 10, United States - Code, shall include information on each waiver, if any, issued - pursuant to paragraph (1) during such calendar year quarter. - -SEC. 357. EXTENSION OF TEMPORARY INSTALLATION REUTILIZATION AUTHORITY - FOR ARSENALS, DEPOTS, AND PLANTS. + TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS - Section 345(d) of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 10 U.S.C. 2667 note) is amended by -striking ``September 30, 2020'' and inserting ``September 30, 2025''. + Subtitle A--Active Forces -SEC. 358. CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR FOOD OR - BEVERAGES PROVIDED BY THE DEPARTMENT OF DEFENSE. - - (a) In General.--Before making any final rule, statement, or -determination regarding the limitation or prohibition of any food or -beverage ingredient in military food service, military medical foods, -commissary food, or commissary food service, the Secretary of Defense -shall publish in the Federal Register a notice of a preliminary rule, -statement, or determination (in this section referred to as a -``proposed action'') and provide opportunity for public comment. - (b) Matters To Be Included.--The Secretary shall include in any -notice published under subsection (a) the following: - (1) The date and contact information for the appropriate - office at the Department of Defense. - (2) A summary of the notice. - (3) A date for comments to be submitted and specific - methods for submitting comments. - (4) A description of the substance of the proposed action. - (5) Findings and a statement of reason supporting the - proposed action. - -SEC. 359. TECHNICAL CORRECTION TO DEADLINE FOR TRANSITION TO DEFENSE - READINESS REPORTING SYSTEM STRATEGIC. +Sec. 401. End strengths for active forces. +Sec. 402. Revisions in permanent active duty end strength minimum + levels. - Section 358(c) of the John S. McCain National Defense Authorization -Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking -``October 1, 2019'' and inserting ``October 1, 2020''. + Subtitle B--Reserve Forces - TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS +Sec. 411. End strengths for Selected Reserve. +Sec. 412. End strengths for Reserves on active duty in support of the + reserves. +Sec. 413. End strengths for military technicians (dual status). +Sec. 414. Maximum number of reserve personnel authorized to be on active + duty for operational support. +Sec. 415. Authorized strengths for Marine Corps Reserves on active duty. +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. - Subtitle A--Active Forces + Subtitle C--Authorization of Appropriations + +Sec. 421. Military personnel. -SEC. 401. END STRENGTHS FOR ACTIVE FORCES. + Subtitle A--Active Forces + SEC. 401. END STRENGTHS FOR ACTIVE FORCES. The Armed Forces are authorized strengths for active duty personnel as of September 30, 2020, as follows: - (1) The Army, 480,000. - (2) The Navy, 340,500. - (3) The Marine Corps, 186,200. - (4) The Air Force, 332,800. + (1) The Army, 480,000. + (2) The Navy, 340,500. + (3) The Marine Corps, 186,200. + (4) The Air Force, 332,800. + SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM + LEVELS. + Section 691(b) of title 10, United States Code, is amended by +striking paragraphs (1) through (4) and inserting the following new +paragraphs: + ``(1) For the Army, 480,000. + ``(2) For the Navy, 340,500. + ``(3) For the Marine Corps, 186,200. + ``(4) For the Air Force, 332,800.''. Subtitle B--Reserve Forces -SEC. 411. END STRENGTHS FOR SELECTED RESERVE. - + SEC. 411. END STRENGTHS FOR SELECTED RESERVE. (a) In General.--The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2020, as follows: - (1) The Army National Guard of the United States, 336,000. - (2) The Army Reserve, 189,500. - (3) The Navy Reserve, 59,000. - (4) The Marine Corps Reserve, 38,500. - (5) The Air National Guard of the United States, 107,700. - (6) The Air Force Reserve, 70,100. - (7) The Coast Guard Reserve, 7,000. + (1) The Army National Guard of the United States, 336,000. + (2) The Army Reserve, 189,500. + (3) The Navy Reserve, 59,000. + (4) The Marine Corps Reserve, 38,500. + (5) The Air National Guard of the United States, 107,700. + (6) The Air Force Reserve, 70,100. + (7) The Coast Guard Reserve, 7,000. (b) End Strength Reductions.--The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by-- - (1) the total authorized strength of units organized to - serve as units of the Selected Reserve of such component which - are on active duty (other than for training) at the end of the - fiscal year; and - (2) the total number of individual members not in units - organized to serve as units of the Selected Reserve of such - component who are on active duty (other than for training or - for unsatisfactory participation in training) without their - consent at the end of the fiscal year. + (1) the total authorized strength of units organized to serve + as units of the Selected Reserve of such component which are on + active duty (other than for training) at the end of the fiscal + year; and + (2) the total number of individual members not in units + organized to serve as units of the Selected Reserve of such + component who are on active duty (other than for training or for + unsatisfactory participation in training) without their consent at + the end of the fiscal year. (c) End Strength Increases.--Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. - -SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE - RESERVES. - + SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF + THE RESERVES. Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2020, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: - (1) The Army National Guard of the United States, 30,595. - (2) The Army Reserve, 16,511. - (3) The Navy Reserve, 10,155. - (4) The Marine Corps Reserve, 2,386. - (5) The Air National Guard of the United States, 22,637. - (6) The Air Force Reserve, 4,431. - -SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). - - (a) In General.--The authorized number of military technicians -(dual status) as of the last day of fiscal year 2020 for the reserve + (1) The Army National Guard of the United States, 30,595. + (2) The Army Reserve, 16,511. + (3) The Navy Reserve, 10,155. + (4) The Marine Corps Reserve, 2,386. + (5) The Air National Guard of the United States, 22,637. + (6) The Air Force Reserve, 4,431. + SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). + (a) In General.--The minimum number of military technicians (dual +status) as of the last day of fiscal year 2020 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: - (1) For the Army National Guard of the United States, - 22,294. - (2) For the Army Reserve, 6,492. - (3) For the Air National Guard of the United States, - 13,569. - (4) For the Air Force Reserve, 8,938. - (b) Variance.--Notwithstanding section 115 of title 10, United -States Code, the end strength prescribed by subsection (a) for a -reserve component specified in that subsection may be increased-- - (1) by 3 percent, upon determination by the Secretary of - Defense that such action is in the national interest; and - (2) by 2 percent, upon determination by the Secretary of - the military department concerned that such action would - enhance manning and readiness in essential units or in critical - specialties or ratings. - (c) Limitation.--Under no circumstances may a military technician + (1) For the Army National Guard of the United States, 22,294. + (2) For the Army Reserve, 6,492. + (3) For the Air National Guard of the United States, 13,569. + (4) For the Air Force Reserve, 8,938. + (b) Limitation.--Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and @@ -5014,78 +8401,85 @@ Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual's position. - (d) Adjustment of Authorized Strength.-- - (1) In general.--If, at the end of fiscal year 2019, the - Air National Guard of the United States does not meet its full- - time support realignment goals for such fiscal year (as - presented in the justification materials of the Department of - Defense in support of the budget of the President for such - fiscal year under section 1105 of title 31, United States - Code), the authorized number of military technicians (dual - status) of the Air National Guard of the United States under - subsection (a)(3) shall be increased by the number equal to - difference between-- - (A) 3,190, which is the number of military - technicians (dual status) positions in the Air National - Guard of the United States sought to be converted to - the Active, Guard, and Reserve program of the Air - National Guard during fiscal year 2019; and - (B) the number of realigned positions achieved in - the Air National Guard by the end of fiscal year 2019. - (2) Limitation.--The increase under paragraph (1) in the - authorized number of military technician (dual status) - positions described in that paragraph may not exceed 2,292. - (3) Decrease in authorized number of angus reserves on - active duty in support of the reserves.--In the event of an - adjustment to the authorized number military technicians (dual - status) of the Air National Guard of the United States under - this subsection, the number of members of the Air National - Guard of the United States authorized by section 412(5) to be - on active duty as of September 30, 2020, shall be decreased by - the number equal to the number of such adjustment. - (e) Certification.--Not later than January 1, 2020, the Chief of + (c) Adjustment of Authorized Strength.-- + (1) In general.--If, at the end of fiscal year 2019, the Air + National Guard of the United States does not meet its full-time + support realignment goals for such fiscal year (as presented in the + justification materials of the Department of Defense in support of + the budget of the President for such fiscal year under section 1105 + of title 31, United States Code), the authorized number of military + technicians (dual status) of the Air National Guard of the United + States under subsection (a)(3) shall be increased by the number + equal to the difference between-- + (A) 3,190, which is the number of military technicians + (dual status) positions in the Air National Guard of the United + States sought to be converted to the Active, Guard, and Reserve + program of the Air National Guard during fiscal year 2019; and + (B) the number of realigned positions achieved in the Air + National Guard by the end of fiscal year 2019. + (2) Limitation.--The increase under paragraph (1) in the + authorized number of military technician (dual status) positions + described in that paragraph may not exceed 2,292. + (3) Decrease in authorized number of angus reserves on active + duty in support of the reserves.--In the event of an adjustment to + the authorized number military technicians (dual status) of the Air + National Guard of the United States under this subsection, the + number of members of the Air National Guard of the United States + authorized by section 412(5) to be on active duty as of September + 30, 2020, shall be decreased by the number equal to the number of + such adjustment. + (d) Certification.--Not later than January 1, 2020, the Chief of the National Guard Bureau shall certify to the Committees on Armed Services of the Senate and House of Representatives the number of positions realigned from a military technician (dual status) position to a position in the Active, Guard, and Reserve program of a reserve component in fiscal year 2019. - (f) Definitions.--In subsections (c), (d), and (e): - (1) The term ``realigned position'' means any military - technician (dual status) position which has been converted or - realigned to a position in an Active, Guard, and Reserve - program of a reserve component under the full time support - rebalancing plan of the Armed Force concerned, regardless of - whether such position is encumbered. - (2) The term ``Active, Guard, and Reserve program'', in the - case of a reserve component, means the program of the reserve - component under which Reserves serve on full-time active duty - or full-time duty, in the case of members of the National - Guard, for the purpose of organizing, administering, - recruiting, instructing, or training such reserve component. - -SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON - ACTIVE DUTY FOR OPERATIONAL SUPPORT. - + (e) Definitions.--In subsections (b), (c), and (d): + (1) The term ``realigned position'' means any military + technician (dual status) position which has been converted or + realigned to a position in an Active, Guard, and Reserve program of + a reserve component under the full time support rebalancing plan of + the Armed Force concerned, regardless of whether such position is + encumbered. + (2) The term ``Active, Guard, and Reserve program'', in the + case of a reserve component, means the program of the reserve + component under which Reserves serve on full-time active duty or + full-time duty, in the case of members of the National Guard, for + the purpose of organizing, administering, recruiting, instructing, + or training such reserve component. + SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON + ACTIVE DUTY FOR OPERATIONAL SUPPORT. During fiscal year 2020, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: - (1) The Army National Guard of the United States, 17,000. - (2) The Army Reserve, 13,000. - (3) The Navy Reserve, 6,200. - (4) The Marine Corps Reserve, 3,000. - (5) The Air National Guard of the United States, 16,000. - (6) The Air Force Reserve, 14,000. - -SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVES ON ACTIVE - DUTY. - + (1) The Army National Guard of the United States, 17,000. + (2) The Army Reserve, 13,000. + (3) The Navy Reserve, 6,200. + (4) The Marine Corps Reserve, 3,000. + (5) The Air National Guard of the United States, 16,000. + (6) The Air Force Reserve, 14,000. + SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVES ON ACTIVE + DUTY. (a) Officers.--Section 12011(a)(1) of title 10, United States Code, -is amended by striking that part of the table pertaining to the Marine -Corps Reserve and inserting the following: +is amended by striking those parts of the table pertaining to the +Marine Corps Reserve and inserting the following: ``Marine Corps Reserve: +1,000......................... 99 63 20 +1,200......................... 103 67 21 +1,300......................... 107 70 22 +1,400......................... 111 73 23 +1,500......................... 114 76 24 +1,600......................... 117 79 25 +1,700......................... 120 82 26 +1,800......................... 123 85 27 +1,900......................... 126 88 28 +2,000......................... 129 91 29 +2,100......................... 132 94 30 +2,200......................... 134 97 31 +2,300......................... 136 100 32 2,400......................... 143 105 34 2,500......................... 149 109 35 2,600......................... 155 113 36 @@ -5095,12 +8489,26 @@ Corps Reserve and inserting the following: 3,000......................... 179 130 42''. - (b) Senior Enlisted Members.--Section 12012(a) of title 10, United -States Code, is amended by striking that part of the table pertaining + + (c) Senior Enlisted Members.--Section 12012(a) of title 10, United +States Code, is amended by striking those parts of the table pertaining to the Marine Corps Reserve and inserting the following: ``Marine Corps Reserve: +1,100....................................... 50 11 +1,200....................................... 55 12 +1,300....................................... 60 13 +1,400....................................... 65 14 +1,500....................................... 70 15 +1,600....................................... 75 16 +1,700....................................... 80 17 +1,800....................................... 85 18 +1,900....................................... 89 19 +2,000....................................... 93 20 +2,100....................................... 96 21 +2,200....................................... 99 22 +2,300....................................... 101 23 2,400....................................... 106 24 2,500....................................... 112 25 2,600....................................... 116 26 @@ -5110,88 +8518,460 @@ to the Marine Corps Reserve and inserting the following: 3,000....................................... 134 30''. - (c) Effective Date.--The amendments made by this section shall take -effect on October 1, 2019, and shall apply with respect to fiscal years -beginning on or after that date. - - Subtitle C--Authorization of Appropriations -SEC. 421. MILITARY PERSONNEL. - (a) Authorization of Appropriations.--Funds are hereby authorized -to be appropriated for fiscal year 2020 for the use of the Armed Forces -and other activities and agencies of the Department of Defense for -expenses, not otherwise provided for, for military personnel, as -specified in the funding table in section 4401. - (b) Construction of Authorization.--The authorization of -appropriations in subsection (a) supersedes any other authorization of -appropriations (definite or indefinite) for such purpose for fiscal -year 2020. + 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: - TITLE V--MILITARY PERSONNEL POLICY + + + ``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. + + Subtitle C--Authorization of Appropriations + + SEC. 421. MILITARY PERSONNEL. + (a) Authorization of Appropriations.--Funds are hereby authorized +to be appropriated for fiscal year 2020 for the use of the Armed Forces +and other activities and agencies of the Department of Defense for +expenses, not otherwise provided for, for military personnel, as +specified in the funding table in section 4401. + (b) Construction of Authorization.--The authorization of +appropriations in subsection (a) supersedes any other authorization of +appropriations (definite or indefinite) for such purpose for fiscal +year 2020. + + TITLE V--MILITARY PERSONNEL POLICY Subtitle A--Officer Personnel Policy -SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AUTHORIZED STRENGTHS OF - CERTAIN COMMISSIONED OFFICERS ON ACTIVE DUTY. +Sec. 501. Maker of original appointments in a regular or reserve + component of commissioned officers previously subject to + original appointment in other type of component. +Sec. 502. Furnishing of adverse information on officers to promotion + selection boards. +Sec. 503. Limitation on number of officers recommendable for promotion + by promotion selection boards. +Sec. 504. Expansion of authority for continuation on active duty of + officers in certain military specialties and career tracks. +Sec. 505. Management policies for joint qualified officers. +Sec. 506. Modification of authorities on management of deployments of + members of the Armed Forces and related unit operating and + personnel tempo matters. +Sec. 507. Personnel tempo of the Armed Forces and the United States + Special Operations Command during periods of inapplicability + of high-deployment limitations. +Sec. 508. Permanent authority to defer past age 64 the retirement of + chaplains in general and flag officer grades. +Sec. 509. Higher grade in retirement for officers following reopening of + determination or certification of retired grade. +Sec. 510. Authority of promotion boards to recommend that officers of + particular merit be placed higher on promotion list. +Sec. 510A. Availability on the internet of certain information about + officers serving in general or flag officer grades. +Sec. 510B. Functional badge or insignia upon commission for chaplains. - Effective as of October 1, 2020, the text of section 523 of title -10, United States Code, is amended to read as follows: - ``The total number of commissioned officers serving on active duty -in the Army, Air Force, or Marine Corps in each of the grades of major, -lieutenant colonel, or colonel, or in the Navy in each of the grades of -lieutenant commander, commander, or captain, at the end of any fiscal -year shall be as specifically authorized by Act of Congress for such -fiscal year.''. + Subtitle B--Reserve Component Management + +Sec. 511. Modification of grade level threshold for Junior Reserve + Officers' Training Corps. +Sec. 512. Inclusion of STEM in courses of instruction for the Junior + Reserve Officers' Training Corps. +Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers' + Training Corps units. +Sec. 514. Clarification of eligibility to serve as Commander, Marine + Forces Reserve. +Sec. 515. Extension and periodic evaluation of suicide prevention and + resilience program for the reserve components. +Sec. 516. Authority to defer mandatory separation at age 68 of officers + in medical specialties in the reserve components. +Sec. 517. Modernization of inspection authorities applicable to the + National Guard. +Sec. 518. Consultation with Chief of the National Guard Bureau in the + appointment or designation of National Guard property and + fiscal officers. +Sec. 519. Coast Guard Junior Reserve Officers' Training Corps. +Sec. 520. Repeal of requirement for review of certain Army Reserve + officer unit vacancy promotions by commanders of associated + active duty units. +Sec. 520A. Report on methods to enhance domestic response to large + scale, complex and catastrophic disasters. +Sec. 520B. Report and briefing on the Senior Reserve Officers' Training + Corps. +Sec. 520C. Sense of Congress on increase in number of Junior Reserve + Officers' Training Corps units. + + Subtitle C--General Service Authorities and Correction of Military + Records + +Sec. 521. Advice and counsel of trauma experts in review by boards for + correction of military records and discharge review boards of + certain claims. +Sec. 522. Reduction in required number of members of discharge review + boards. +Sec. 523. Establishment of process to review a request for upgrade of + discharge or dismissal. +Sec. 524. Prohibition on reduction in the number of personnel assigned + to duty with a service review agency. +Sec. 525. Training of members of boards for correction of military + records and discharge review boards on sexual trauma, intimate + partner violence, spousal abuse, and related matters. +Sec. 526. Time requirements for certification of honorable service. +Sec. 527. Correction of certain discharge characterizations. +Sec. 528. Development of guidelines for use of unofficial sources of + information to determine eligibility of members and former + members of the Armed Forces for decorations when the service + records are incomplete because of damage to the official + record. +Sec. 529. Strategic plan for diversity and inclusion. +Sec. 530. Study regarding screening individuals who seek to enlist in + the Armed Forces. +Sec. 530A. Feasibility study regarding notification to Secretary of + Homeland Security of honorable discharges of non-citizens. +Sec. 530B. Sense of Congress regarding accession physicals. + + Subtitle D--Military Justice + +Sec. 531. Expansion of pre-referral matters reviewable by military + judges and military magistrates in the interest of efficiency + in military justice. +Sec. 532. Command influence. +Sec. 533. Statute of limitations for certain offenses. +Sec. 534. Public access to dockets, filings, and court records of + courts-martial or other records of trial of the military + justice system. +Sec. 535. Extension of Defense Advisory Committee on Investigation, + Prosecution, and Defense of Sexual Assault in the Armed + Forces. +Sec. 536. Authority for return of personal property to victims of sexual + assault who file a Restricted Report before conclusion of + related proceedings. +Sec. 537. Guidelines on sentences for offenses committed under the + Uniform Code of Military Justice. +Sec. 538. Notification of significant events and documentation of + preference for prosecution jurisdiction for victims of sexual + assault. +Sec. 539. Increase in number of digital forensic examiners for certain + military criminal investigative organizations. +Sec. 540. Increase in investigative personnel and Victim Witness + Assistance Program liaisons. +Sec. 540A. Training for sexual assault initial disposition authorities + on exercise of disposition authority for sexual assault and + collateral offenses. +Sec. 540B. Training for commanders in the Armed Forces on their role in + all stages of military justice in connection with sexual + assault. +Sec. 540C. Timely disposition of nonprosecutable sex-related offenses. +Sec. 540D. Department of Defense-wide policy and military department- + specific programs on reinvigoration of the prevention of + sexual assault involving members of the Armed Forces. +Sec. 540E. Recommendations on separate punitive article in the Uniform + Code of Military Justice on sexual harassment. +Sec. 540F. Report on military justice system involving alternative + authority for determining whether to prefer or refer changes + for felony offenses under the Uniform Code of Military + Justice. +Sec. 540G. Report on standardization among the military departments in + collection and presentation of information on matters within + the military justice system. +Sec. 540H. Report on expansion of Air Force safe to report policy across + the Armed Forces. +Sec. 540I. Assessment of racial, ethnic, and gender disparities in the + military justice system. +Sec. 540J. Pilot programs on defense investigators in the military + justice system. +Sec. 540K. Report on preservation of recourse to restricted report on + sexual assault for victims of sexual assault following certain + victim or third-party communications. +Sec. 540L. Report on establishment of guardian ad litem program for + certain military dependents who are a victim or witness of an + offense under the Uniform Code of Military Justice involving + abuse or exploitation. +Sec. 540M. Comptroller General of the United States report on + implementation by the Armed Forces of recent statutory + requirements on sexual assault prevention and response in the + military. +Sec. 540N. Sense of Congress on the Port Chicago 50. + + Subtitle E--Other Legal Matters + +Sec. 541. Improvement of certain Special Victims' Counsel authorities. +Sec. 542. Availability of Special Victims' Counsel at military + installations. +Sec. 543. Notification of issuance of military protective order to + civilian law enforcement. +Sec. 544. Copyright protection for civilian faculty of certain + accredited institutions. +Sec. 545. Termination of leases of premises and motor vehicles of + servicemembers who incur catastrophic injury or illness or die + while in military service. +Sec. 546. Military orders required for termination of leases pursuant to + the Servicemembers Civil Relief Act. +Sec. 547. Preservation of right to bring class action under + Servicemembers Civil Relief Act. +Sec. 548. Legal counsel for victims of alleged domestic violence + offenses. +Sec. 549. Notice to victims of alleged sexual assault of pendency of + further administrative action following a determination not to + refer to trial by court-martial. +Sec. 550. Treatment of information in Catch a Serial Offender Program + for certain purposes. +Sec. 550A. Policies and procedures on registration at military + installations of civilian protective orders applicable to + members of the Armed Forces assigned to such installations and + certain other individuals. +Sec. 550B. Defense Advisory Committee for the Prevention of Sexual + Misconduct. +Sec. 550C. Training for Special Victims' Counsel on civilian criminal + justice matters in the States of the military installations to + which assigned. +Sec. 550D. Enhancing the capability of military criminal investigative + organizations to prevent and combat child sexual exploitation. +Sec. 550E. Feasibility study on establishment of database of military + protective orders. +Sec. 550F. GAO review of USERRA and SCRA. + + Subtitle F--Member Education + +Sec. 551. Authority for detail of certain enlisted members of the Armed + Forces as students at law schools. +Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE + Program. +Sec. 553. Degree granting authority for United States Army Armament + Graduate School; limitation on establishment of certain + educational institutions. +Sec. 554. Prohibition on off-duty employment for cadets and midshipmen + completing obligated service after graduation. +Sec. 555. Consideration of request for transfer of a cadet or midshipman + at a military service academy who is the victim of a sexual + assault or related offense. +Sec. 556. Redesignation of the Commandant of the United States Air Force + Institute of Technology as the Director and Chancellor of such + Institute. +Sec. 557. Eligibility of additional enlisted members for associate + degree programs of the Community College of the Air Force. +Sec. 558. Speech disorders of cadets and midshipmen. +Sec. 559. Requirement to continue provision of tuition assistance for + members of the Armed Forces. +Sec. 560. Information on institutions of higher education participating + in the Department of Defense Tuition Assistance Program. +Sec. 560A. Inclusion of information on free credit monitoring in annual + financial literacy briefing. +Sec. 560B. Programs to facilitate the award of private pilot's + certificates. + + Subtitle G--Member Training and Transition + +Sec. 561. Requirement to provide information regarding benefits claims + to members during TAP counseling. +Sec. 562. Participation of other Federal agencies in the SkillBridge + apprenticeship and internship program for members of the Armed + Forces. +Sec. 563. First modification of elements of report on the improved + Transition Assistance Program. +Sec. 564. Second modification of elements of report on the improved + Transition Assistance Program. +Sec. 565. Prohibition on gender-segregated training at Marine Corps + Recruit Depots. +Sec. 566. Assessment of deaths of recruits under the jurisdiction of the + Secretaries of the military departments. +Sec. 567. Review of Department of Defense training programs regarding + disinformation campaigns. +Sec. 568. Command matters in connection with transition assistance + programs. +Sec. 569. Machine readability and electronic transferability of + Certificate of Release or Discharge from Active Duty (DD Form + 214). +Sec. 570. Records of service for Reserves. +Sec. 570A. Limitations and requirements in connection with separations + for members of the Armed Forces who suffer from mental health + conditions in connection with a sex-related, intimate partner + violence-related, or spousal-abuse offense. +Sec. 570B. Prohibition on involuntary separation of certain members of + the Armed Forces; consideration of military service in removal + determinations. +Sec. 570C. Inclusion of question regarding immigration status on + preseparation counseling checklist (DD Form 2648). +Sec. 570D. Counseling for members of the Armed Forces who are not + citizens of the United States on naturalization in the United + States. +Sec. 570E. Pilot program on information sharing between Department of + Defense and designated relatives and friends of members of the + Armed Forces regarding the experiences and challenges of + military service. +Sec. 570F. Connections of members retiring or separating from the Armed + Forces with community-based organizations and related + entities. +Sec. 570G. Pilot program regarding online application for the Transition + Assistance Program. + + Subtitle H--Military Family Readiness and Dependents' Education + +Sec. 571. Authorizing members to take leave for a birth or adoption in + more than one increment. +Sec. 572. Deferred deployment for members who give birth. +Sec. 573. Authority of the Secretary concerned to transport remains of a + covered decedent to no more than two places selected by the + person designated to direct disposition of the remains. +Sec. 574. Military funeral honors matters. +Sec. 575. Improvement of occupational license portability for relocated + spouses of members of the uniformed services. +Sec. 576. Continued eligibility for education and training opportunities + for spouses of promoted members. +Sec. 577. Modification to authority to reimburse for State licensure and + certification costs of a spouse of a servicemember arising + from relocation. +Sec. 578. Clarification regarding eligibility to transfer entitlement + under Post-9/11 Educational Assistance Program. +Sec. 579. Annual State report card. +Sec. 580. Improvements to child care for members of the Armed Forces. +Sec. 580A. Transportation of remains of casualties; travel expenses for + next of kin. +Sec. 580B. Meetings of officials of the Department of Defense with + representative groups of survivors of deceased members of the + Armed Forces. +Sec. 580C. Information and opportunities for registration for voting and + absentee ballot requests for members of the Armed Forces + undergoing deployment overseas. +Sec. 580D. Study on two-way military ballot barcode tracking. +Sec. 580E. Assistance to schools with military dependent students. +Sec. 580F. First expansion of the My Career Advancement Account program + for military spouses. +Sec. 580G. Second expansion of the My Career Advancement Account program + for military spouses. +Sec. 580H. Report on training and support available to military spouses. +Sec. 580I. Ri'katak Guest Student Program at United States Army + Garrison-Kwajalein Atoll. + + Subtitle I--Decorations and Awards + +Sec. 581. Modification of authorities on eligibility for and replacement + of gold star lapel buttons. +Sec. 582. Standardization of honorable service requirement for award of + military decorations. +Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy + for acts of valor in Vietnam. +Sec. 584. Review of World War I valor medals. + + Subtitle J--Miscellaneous Reports and Other Matters + +Sec. 591. Clarification of the term ``assault'' for purposes of + Workplace and Gender Relations Surveys. +Sec. 592. Inclusion of certain veterans on temporary disability or + permanent disabled retirement lists in military adaptive + sports programs. +Sec. 593. Questions in surveys regarding extremist activity in the + workplace. +Sec. 594. Study on best practices for providing financial literacy + education for separating members of the Armed Forces. +Sec. 595. Report on oversight of authorized strengths of certain grades + of commissioned regular and reserve officers of the Armed + Forces. +Sec. 596. Report on certain waivers. +Sec. 597. Notifications on manning of afloat naval forces. +Sec. 598. Report regarding use of aerial systems of the Department of + Defense to support agencies of States, Territories, and the + Federal Government. +Sec. 599. Information for members of the Armed Forces on availability of + services of the Department of Veterans Affairs relating to + sexual trauma. +Sec. 599A. Authority to issue an honorary promotion to Colonel Charles + E. McGee, United States Air Force (ret.), to the grade of + brigadier general. +Sec. 599B. Authority to issue an honorary and posthumous promotion to + Lieutenant Colonel Richard Cole, United States Air Force + (ret.), to the grade of colonel. +Sec. 599C. Sense of Congress on the honorable and distinguished service + of General Joseph F. Dunford, United States Marine Corps, to + the United States. -SEC. 502. MAKER OF ORIGINAL APPOINTMENTS IN A REGULAR OR RESERVE - COMPONENT OF COMMISSIONED OFFICERS PREVIOUSLY SUBJECT TO - ORIGINAL APPOINTMENT IN OTHER TYPE OF COMPONENT. + Subtitle A--Officer Personnel Policy + SEC. 501. MAKER OF ORIGINAL APPOINTMENTS IN A REGULAR OR RESERVE + COMPONENT OF COMMISSIONED OFFICERS PREVIOUSLY SUBJECT TO ORIGINAL + APPOINTMENT IN OTHER TYPE OF COMPONENT. (a) Maker of Regular Appointments in Transfer From Reserve Active- status List to Active-duty List.--Section 531(c) of title 10, United States Code, is amended by striking ``the Secretary concerned'' and inserting ``the Secretary of Defense''. (b) Maker of Reserve Appointments in Transfer From Active-duty List -to Reserve Active-status List.--Subsection (b) of section 12203 of such -title is amended by striking ``the Secretary concerned'' and inserting -``the Secretary of Defense''. - (c) Treatment of Regular Appointment as Constructive Reserve -Appointment To Facilitate Transfer From Active Duty List to Reserve -Active-status List.--Such section 12203 is further amended-- - (1) by redesignating subsection (c) as subsection (d); and - (2) by inserting after subsection (b) the following new - subsection (c): - ``(c) For purposes of appointments under this section, an officer -who receives an original appointment as a regular commissioned officer -in a grade under section 531 of this title that is made on or after the -date of the enactment of the National Defense Authorization Act for -Fiscal Year 2020 shall be deemed also to have received an original -appointment as a reserve commissioned officer in such grade.''. - -SEC. 503. FURNISHING OF ADVERSE INFORMATION ON OFFICERS TO PROMOTION - SELECTION BOARDS. - +to Reserve Active-status List.--Section 12203(b) of such title is +amended by striking ``the Secretary concerned'' and inserting ``the +Secretary of Defense''. + (c) Report.--Not later than April 1, 2020, the Secretary of Defense +shall submit to the Committees on Armed Services of the Senate and the +House of Representatives a report setting forth the following: + (1) The average number per fiscal year, during fiscal years + 2010 through 2019, of transfers of appointment from regular officer + to reserve officer in the Armed Forces, set forth by each of + transfers requiring and transfers not requiring appointment by and + with the advice and consent of the Senate. + (2) The average amount of time required per fiscal year, during + such fiscal years, for completion of a transfer of appointment from + regular officer to reserve officer in situations not requiring + appointment by and with the advice and consent of the Senate. + (3) An assessment of the number of officers who experience a + break-in-service due to delays in transfer of appointment from + regular officer to reserve officer as a result of the requirement + for appointment by and with the advice and consent of the Senate. + (4) An assessment of the feasibility and advisability of each + of the following: + (A) Appointment of regular officers as both a regular + officer and a reserve officer immediately upon commissioning. + (B) Consolidation of the provisions of title 10, United + States Code, relating to appointment as a regular or reserve + officer in a manner designed to facilitate and improve officer + retention. + (5) Such other recommendations for legislative or + administrative action as the Secretary considers appropriate to + improve the rapid transfer of appointment of an officer from + regular status to reserve status. + SEC. 502. FURNISHING OF ADVERSE INFORMATION ON OFFICERS TO + PROMOTION SELECTION BOARDS. (a) Expansion of Grades of Officers for Which Information Is Furnished.--Section 615(a)(3) of title 10, United States Code, is amended-- - (1) by inserting ``(A)'' after ``(3)''; - (2) in subparagraph (A), as designated by paragraph (1), by - striking ``a grade above colonel or, in the case of the Navy, - captain,'' and inserting ``a grade specified in subparagraph - (B)''; and - (3) by adding at the end the following new subparagraph: + (1) by inserting ``(A)'' after ``(3)''; + (2) in subparagraph (A), as designated by paragraph (1), by + striking ``a grade above colonel or, in the case of the Navy, + captain'' and inserting ``a grade specified in subparagraph (B)''; + and + (3) by adding at the end the following new subparagraph: ``(B) A grade specified in this subparagraph is as follows: - ``(i) In the case of a regular officer, a grade above - captain or, in the case of the Navy, lieutenant. - ``(ii) In the case of a reserve officer, a grade above - lieutenant colonel or, in the case of the Navy, commander.''. + ``(i) In the case of a regular officer, a grade above captain + or, in the case of the Navy, lieutenant. + ``(ii) In the case of a reserve officer, a grade above + lieutenant colonel or, in the case of the Navy, commander.''. (b) Furnishing at Every Phase of Consideration.--Such section is further amended by adding at the end the following new subparagraph: ``(C) The standards and procedures referred to in subparagraph (A) shall require the furnishing to the selection board, and to each individual member of the board, the information described in that -paragraph with regard to an officer in a grade specified in +subparagraph with regard to an officer in a grade specified in subparagraph (B) at each stage or phase of the selection board, concurrent with the screening, rating, assessment, evaluation, discussion, or other consideration by the board or member of the @@ -5200,16 +8980,14 @@ official military personnel file of the officer, or of the officer.''. effect on the date of the enactment of this Act, and shall apply with respect to the proceedings of promotion selection boards convened under section 611(a) of title 10, United States Code, after that date. - -SEC. 504. LIMITATION ON NUMBER OF OFFICERS RECOMMENDABLE FOR PROMOTION - BY PROMOTION SELECTION BOARDS. - + SEC. 503. LIMITATION ON NUMBER OF OFFICERS RECOMMENDABLE FOR + PROMOTION BY PROMOTION SELECTION BOARDS. (a) In General.--Section 616 of title 10, United States Code is amended-- - (1) by redesignating subsections (d), (e), (f), and (g) as - subsections (e), (f), (g), and (h), respectively; and - (2) by inserting after subsection (c) the following new - subsection (d): + (1) by redesignating subsections (d), (e), (f), and (g) as + subsections (e), (f), (g), and (h), respectively; and + (2) by inserting after subsection (c) the following new + subsection (d): ``(d) The number of officers recommended for promotion by a selection board convened under section 611(a) of this title may not exceed the number equal to 95 percent of the number of officers @@ -5220,22 +8998,82 @@ effect on the date of the enactment of this Act, and shall apply with respect to consideration by promotion selection boards convened under section 611(a) of title 10, United States Code, of promotion zones that are established under section 623 of that title on or after that date. - -SEC. 505. EXPANSION OF AUTHORITY FOR CONTINUATION ON ACTIVE DUTY OF - OFFICERS IN CERTAIN MILITARY SPECIALTIES AND CAREER - TRACKS. - + SEC. 504. EXPANSION OF AUTHORITY FOR CONTINUATION ON ACTIVE DUTY OF + OFFICERS IN CERTAIN MILITARY SPECIALTIES AND CAREER TRACKS. Section 637a(a) of title 10, United States Code, is amended by inserting ``separation or'' after ``provided for the''. - -SEC. 506. HIGHER GRADE IN RETIREMENT FOR OFFICERS FOLLOWING REOPENING - OF DETERMINATION OR CERTIFICATION OF RETIRED GRADE. - + SEC. 505. MANAGEMENT POLICIES FOR JOINT QUALIFIED OFFICERS. + Section 661(d)(3)(B) of title 10, United States Code, is amended in +the third sentence by inserting ``or a designee of the Chairman who is +an officer of the armed forces in grade O-9 or higher'' before the +period. + SEC. 506. MODIFICATION OF AUTHORITIES ON MANAGEMENT OF DEPLOYMENTS + OF MEMBERS OF THE ARMED FORCES AND RELATED UNIT OPERATING AND + PERSONNEL TEMPO MATTERS. + (a) Limitation on Scope of Delegations of Approval of Exceptions to +Deployment Thresholds.--Paragraph (3) of section 991(a) of title 10, +United States Code, is amended by striking ``be delegated to--'' and +all that follows and inserting ``be delegated to a civilian officer of +the Department of Defense appointed by the President, by and with the +advice and consent of the Senate.''. + (b) Separate Policies on Dwell Time for Regular and Reserve +Members.--Paragraph (4) of such section is amended-- + (1) by striking ``addresses the amount'' and inserting + ``addresses each of the following: + ``(A) The amount.''; + (2) in subparagraph (A), as designated by paragraph (1), by + inserting ``regular'' before ``member''; and + (3) by adding at the end the following new subparagraph: + ``(B) The amount of dwell time a reserve member of the armed + forces remains at the member's permanent duty station after + completing a deployment of 30 days or more in length.''. + SEC. 507. PERSONNEL TEMPO OF THE ARMED FORCES AND THE UNITED STATES + SPECIAL OPERATIONS COMMAND DURING PERIODS OF INAPPLICABILITY OF + HIGH-DEPLOYMENT LIMITATIONS. + (a) In General.--Section 991(d) of title 10, United States Code, is +amended-- + (1) by inserting ``(1)'' before ``The Secretary''; and + (2) by adding at the end the following new paragraph: + ``(2)(A) Whenever a waiver is in effect under paragraph (1), the +member or group of members covered by the waiver shall be subject to +specific and measurable deployment thresholds established and +maintained for purposes of this subsection. + ``(B) Thresholds under this paragraph may be applicable-- + ``(i) uniformly, Department of Defense-wide; or + ``(ii) separately, with respect to each armed force or the + United States Special Operations Command. + ``(C) If thresholds under this paragraph are applicable Department- +wide, such thresholds shall be established and maintained by the Under +Secretary of Defense for Personnel and Readiness. If such thresholds +are applicable only to one armed force or the Under States Special +Operations Command, such thresholds shall be established and maintained +respectively by the Secretary of the Army, the Secretary of the Navy +(other than with respect to the Marine Corps), the Secretary of the Air +Force, the Commandant of the Marine Corps (with respect to the Marine +Corps), and the Commander of the United States Special Operations +Command, as applicable. + ``(D) In undertaking recordkeeping for purposes of subsection (c), +the Under Secretary shall, in conjunction with the officials and +officers referred to in subparagraph (C), collect complete and reliable +personnel tempo data of members described in subparagraph (A) in order +to ensure that the Department, the armed forces, and the United States +Special Operations Command fully and completely monitor personnel tempo +under any waiver authorized under paragraph (1) and the effect of such +waiver on the armed forces.''. + (b) Deadline for Implementation.--Paragraph (2) of section 991(d) +of title 10, United States Code, as added by subsection (a), shall be +fully implemented by not later than March 1, 2020. + SEC. 508. PERMANENT AUTHORITY TO DEFER PAST AGE 64 THE RETIREMENT + OF CHAPLAINS IN GENERAL AND FLAG OFFICER GRADES. + Section 1253(c) of title 10, United States Code, is amended by +striking paragraph (3). + SEC. 509. HIGHER GRADE IN RETIREMENT FOR OFFICERS FOLLOWING + REOPENING OF DETERMINATION OR CERTIFICATION OF RETIRED GRADE. (a) Advice and Consent of Senate Required for Higher Grade.-- Section 1370(f) of title 10, United States Code, is amended-- - (1) by redesignating paragraph (5) as paragraph (6); and - (2) by inserting after paragraph (4) the following new - paragraph (5): + (1) by redesignating paragraph (5) as paragraph (6); and + (2) by inserting after paragraph (4) the following new + paragraph (5): ``(5) If the retired grade of an officer is proposed to be increased through the reopening of the determination or certification of officer's retired grade, the increase in the retired grade shall be @@ -5243,671 +9081,1156 @@ made by the Secretary of Defense, by and with the advice and consent of the Senate.''. (b) Recalculation of Retired Pay.--Paragraph (6) of such section, as redesignated by subsection (a)(1), is amended-- - (1) by inserting ``or increased'' after ``reduced''; - (2) by inserting ``as a result of the reduction or - increase'' after ``any modification of the retired pay of the - officer''; - (3) by inserting ``or increase'' after ``the reduction''; - and - (4) by adding at the end the following new sentence: ``An - officer whose retired grade is increased as described in the - preceding sentence shall not be entitled to an increase in - retired pay for any period before the effective date of the - increase.''. + (1) by inserting ``or increased'' after ``reduced''; + (2) by inserting ``as a result of the reduction or increase'' + after ``any modification of the retired pay of the officer''; + (3) by inserting ``or increase'' after ``the reduction''; and + (4) by adding at the end the following new sentence: ``An + officer whose retired grade is increased as described in the + preceding sentence shall not be entitled to an increase in retired + pay for any period before the effective date of the increase.''. (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 an increase in the retired grade of an officer that occurs through a reopening of the determination or certification of the officer's -retired grade of officer on or after that date, regardless of when the -officer retired. - -SEC. 507. AVAILABILITY ON THE INTERNET OF CERTAIN INFORMATION ABOUT - OFFICERS SERVING IN GENERAL OR FLAG OFFICER GRADES. - +retired grade on or after that date, regardless of when the officer +retired. + SEC. 510. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND THAT OFFICERS + OF PARTICULAR MERIT BE PLACED HIGHER ON PROMOTION LIST. + (a) In General.--Section 14108 of title 10, United States Code, is +amended by adding at the end the following new subsection: + ``(f) Higher Placement of Officers of Particular Merit on Promotion +List.--(1) In selecting officers to be recommended for promotion, a +promotion board may, when authorized by the Secretary concerned, +recommend that officers of particular merit, from among those officers +selected for promotion, be placed higher on the promotion list +established by the Secretary under section 14308(a) of this title. + ``(2) A promotion board may make a recommendation under paragraph +(1) only if an officer receives the recommendation of-- + ``(A) a majority of the members of the promotion board; or + ``(B) an alternative requirement established by the Secretary + concerned and furnished to the promotion board as part of the + guidelines under section 14107 of this title. + ``(3) For officers who receive recommendations under paragraph (1), +the board shall recommend the order in which those officers should be +placed on the promotion list.''. + (b) Reports Regarding Recommendations That Officers of Particular +Merit Be Placed Higher on Promotion List.--Section 14109 of such title +is amended by adding at the end the following new subsection: + ``(d) Report of Officers Recommended for Higher Placement on +Promotion List.--A promotion board convened under section 14101(a) of +this title shall, when authorized under section 14108(f) of this title, +include in its report to the Secretary concerned-- + ``(1) the names of those officers the promotion board + recommends be placed higher on the promotion list; and + ``(2) the order in which the promotion board recommends those + officers should be placed on the promotion list.''. + (c) Officers of Particular Merit Appearing Higher on Promotion +List.--Section 14308(a) of such title is amended in the first sentence +by inserting ``or based on particular merit, as determined by the +promotion board'' before the period. +SEC. 510A. AVAILABILITY ON THE INTERNET OF CERTAIN INFORMATION ABOUT +OFFICERS SERVING IN GENERAL OR FLAG OFFICER GRADES. (a) Availability Required.-- - (1) In general.--The Secretary of each military department - shall make available on an Internet website of such department - available to the public information specified in paragraph (2) - on each officer in a general or flag officer grade under the - jurisdiction of such Secretary, including any such officer on - the reserve active-status list. - (2) Information.--The information on an officer specified - by this paragraph to be made available pursuant to paragraph - (1) is the information as follows: - (A) The officer's name. - (B) The officer's current grade, duty position, - command or organization, and location of assignment. - (C) A summary list of the officer's past duty - assignments while serving in a general or flag officer - grade. + (1) In general.--The Secretary of each military department + shall make available on an internet website of such department + available to the public information specified in paragraph (2) on + each officer in a general or flag officer grade under the + jurisdiction of such Secretary, including any such officer on the + reserve active-status list. + (2) Information.--The information on an officer specified by + this paragraph to be made available pursuant to paragraph (1) is + the information as follows: + (A) The officer's name. + (B) The officer's current grade, duty position, command or + organization, and location of assignment. + (C) A summary list of the officer's past duty assignments + while serving in a general or flag officer grade. (b) Additional Public Notice on Certain Officers.--Whenever an officer in a grade of O-7 or above is assigned to a new billet or reassigned from a current billet, the Secretary of the military department having jurisdiction of such officer shall make available on -an Internet website of such department available to the public a notice +an internet website of such department available to the public a notice of such assignment or reassignment. (c) Limitation on Withholding of Certain Information or Notice.-- - (1) Limitation.--The Secretary of a military department may - not withhold the information or notice specified in subsections - (a) and (b) from public availability pursuant to subsection - (a), unless and until the Secretary notifies the Committees on - Armed Services of the Senate and the House of Representatives - in writing of the information or notice that will be so - withheld, together with justification for withholding the - information or notice from public availability. - (2) Limited duration of withholding.--The Secretary - concerned may withhold from the public under paragraph (1) - information or notice on an officer only on the bases of - individual risk to the officer or in the interest of national - security, and may continue to withhold such information or - notice only for so long as the basis for withholding remains in - force. + (1) Limitation.--The Secretary of a military department may not + withhold the information or notice specified in subsections (a) and + (b) from public availability pursuant to subsection (a), unless and + until the Secretary notifies the Committees on Armed Services of + the Senate and House of Representatives in writing of the + information or notice that will be so withheld, together with + justification for withholding the information or notice from public + availability. + (2) Limited duration of withholding.--The Secretary concerned + may withhold from the public under paragraph (1) information or + notice on an officer only on the basis of individual risk or + national security, and may continue to withhold such information or + notice only for so long as the basis for withholding remains in + force. +SEC. 510B. FUNCTIONAL BADGE OR INSIGNIA UPON COMMISSION FOR CHAPLAINS. + A military chaplain shall receive a functional badge or insignia +upon commission. Subtitle B--Reserve Component Management -SEC. 511. REPEAL OF REQUIREMENT FOR REVIEW OF CERTAIN ARMY RESERVE - OFFICER UNIT VACANCY PROMOTIONS BY COMMANDERS OF - ASSOCIATED ACTIVE DUTY UNITS. + SEC. 511. MODIFICATION OF GRADE LEVEL THRESHOLD FOR JUNIOR RESERVE + OFFICERS' TRAINING CORPS. + Section 2031(b)(1) of title 10, United States Code, is amended by +striking ``above the 8th grade'' each place it appears and inserting +``above the 7th grade and physically co-located with the 9th grade +participating unit''. + SEC. 512. INCLUSION OF STEM IN COURSES OF INSTRUCTION FOR THE + JUNIOR RESERVE OFFICERS' TRAINING CORPS. + (a) In General.--Section 2031(b)(3) of title 10, United States +Code, is amended by inserting ``and which may include instruction or +activities in the fields of science, technology, engineering, and +mathematics'' after ``duration''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect 180 days after the date of the enactment of this Act. + SEC. 513. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR RESERVE + OFFICERS' TRAINING CORPS UNITS. + Section 2031 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(g)(1) Each public secondary educational institution that +maintains a unit under this section shall permit membership in the unit +to homeschooled students residing in the area served by the institution +who are qualified for membership in the unit (but for lack of +enrollment in the institution). + ``(2) A student who is a member of a unit pursuant to this +subsection shall count toward the satisfaction by the institution +concerned of the requirement in subsection (b)(1) relating to the +minimum number of student members in the unit necessary for the +continuing maintenance of the unit.''. + SEC. 514. CLARIFICATION OF ELIGIBILITY TO SERVE AS COMMANDER, + MARINE FORCES RESERVE. + (a) In General.--Section 8084(b)(1) of title 10, United States +Code, is amended by striking ``general officers of the Marine Corps (as +defined in section 8001(2))'' and inserting ``general officers of the +Marine Corps Reserve''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on the date that is one year after the date of the +enactment of this Act and shall apply to appointments made after such +date. + SEC. 515. EXTENSION AND PERIODIC EVALUATION OF SUICIDE PREVENTION + AND RESILIENCE PROGRAM FOR THE RESERVE COMPONENTS. + Section 10219 of title 10, United States Code, is amended-- + (1) by redesignating subsection (g) as subsection (h); + (2) in subsection (h), as redesignated by paragraph (1), by + striking ``2020'' and inserting ``2025''; and + (3) by inserting after subsection (f) the following new + subsection (g): + ``(g) Triennial Evaluation.--The Secretary shall evaluate the +program every third year beginning in 2022 until the program terminates +to determine whether the program effectively-- + ``(1) provides training and assistance under subsections (b), + (c), and (d); and + ``(2) implements subsection (e).''. + SEC. 516. AUTHORITY TO DEFER MANDATORY SEPARATION AT AGE 68 OF + OFFICERS IN MEDICAL SPECIALTIES IN THE RESERVE COMPONENTS. + Section 14703(b) of title 10, United States Code, is amended-- + (1) by striking ``An'' and inserting ``(1) Subject to paragraph + (2), an''; and + (2) by adding at the end the following new paragraph (2): + ``(2) The Secretary concerned may, with the consent of the officer, +retain in an active status an officer in a medical specialty described +in subsection (a) beyond the date described in paragraph (1) of this +subsection if the Secretary concerned determines that such retention is +necessary to the military department concerned. Each such retention +shall be made on a case-by-case basis and for such period as the +Secretary concerned determines appropriate.''. + SEC. 517. MODERNIZATION OF INSPECTION AUTHORITIES APPLICABLE TO THE + NATIONAL GUARD. + (a) Modernization of Inspection Authorities of Secretaries of the +Army and Air Force.--Subsection (a) of section 105 of title 32, United +States Code, is amended-- + (1) in the matter preceding paragraph (1)-- + (A) by striking ``by him, the Secretary of the Army shall + have'' and inserting ``by such Secretary, the Secretary of the + Army and the Secretary of the Air Force shall each have''; + (B) by striking ``, if necessary,''; and + (C) by striking ``the Regular Army'' and inserting ``the + Regular Army or the Regular Air Force''; + (2) by striking ``Army National Guard'' each place it appears + and inserting ``Army National Guard or Air National Guard''; and + (3) by striking the flush matter following paragraph (7). + (b) Inspection Authority of Chief of the National Guard Bureau on +Behalf of Secretaries.--Such section is further amended by adding at +the end the following new subsection: + ``(c) The Chief of the National Guard Bureau may have an inspection +described in subsection (a) made by inspectors general, or by +commissioned officers of the Army National Guard of the United States +or the Air National Guard of the United States detailed for that +purpose, on behalf of the Secretary of the Army or the Secretary of the +Air Force. Any such inspection may be made only with the approval of +the Secretary of the Army or the Secretary of the Air Force, as +applicable.''. + SEC. 518. CONSULTATION WITH CHIEF OF THE NATIONAL GUARD BUREAU IN + THE APPOINTMENT OR DESIGNATION OF NATIONAL GUARD PROPERTY AND + FISCAL OFFICERS. + Section 708(a) of title 32, United States Code, is amended in the +first sentence by inserting ``, in consultation with the Chief of the +National Guard Bureau,'' after ``shall''. + SEC. 519. COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING CORPS. + (a) In General.--Chapter 3 of title 14, United States Code, is +amended by adding at the end the following new section: +``Sec. 320. Coast Guard Junior Reserve Officers' Training Corps + ``(a) Establishment.--The Secretary of the department in which the +Coast Guard is operating may establish and maintain a Junior Reserve +Officers' Training Corps, organized into units, at public and private +secondary educational institutions. + ``(b) Applicability.--Except as provided in subsection (c), the +provisions of chapter 102 of title 10 shall apply to a Junior Reserve +Officers' Training Corps established and maintained under this section +in the same manner that such provisions apply to the Junior Reserve +Officers' Training Corps of each military department. For purposes of +the application of such provisions to this section-- + ``(1) any reference in such provisions to a `military + department' shall be treated as a reference to the department in + which the Coast Guard is operating; and + ``(2) any reference in such provisions to a `Secretary of a + military department', a `Secretary concerned', or the `Secretary of + Defense' shall be treated as a reference to the Secretary of the + department in which the Coast Guard is operating. + ``(c) Exception.--The requirements of chapter 102 of title 10 shall +not apply to a unit of the Junior Reserve Officers' Training Corps +established by the Secretary of the department in which the Coast Guard +is operating before the date of the enactment of this section unless +the Secretary determines it is appropriate to apply such requirements +to such unit.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: +``320. Coast Guard Junior Reserve Officers' Training Corps.''. + SEC. 520. REPEAL OF REQUIREMENT FOR REVIEW OF CERTAIN ARMY RESERVE + OFFICER UNIT VACANCY PROMOTIONS BY COMMANDERS OF ASSOCIATED + ACTIVE DUTY UNITS. Section 1113 of the Army National Guard Combat Readiness Reform Act -of 1992 (10 U.S.C. 10105 note) is repealed. - - Subtitle C--General Service Authorities - -SEC. 515. MODIFICATION OF AUTHORITIES ON MANAGEMENT OF DEPLOYMENTS OF - MEMBERS OF THE ARMED FORCES AND RELATED UNIT OPERATING - AND PERSONNEL TEMPO MATTERS. - - (a) Limitation on Scope of Delegations of Approval of Exceptions to -Deployment Thresholds.--Paragraph (3) of subsection (a) of section 991 -of title 10, United States Code, is amended by striking ``be delegated -to--'' and all that follows and inserting ``be delegated to a civilian -officer of the Department of Defense appointed by the President, by and -with the advice and consent of the Senate.''. - (b) Separate Policies on Dwell Time for Regular and Reserve -Members.--Paragraph (4) of such subsection is amended-- - (1) by striking ``addresses the amount'' and inserting - ``addresses each of the following: - ``(1) The amount''; - (2) in paragraph (1), as designated by paragraph (1) of - this subsection, by inserting ``regular'' before ``member''; +of 1992 (Public Law 102-484; 10 U.S.C. 10105 note) is repealed. +SEC. 520A. REPORT ON METHODS TO ENHANCE DOMESTIC RESPONSE TO LARGE +SCALE, COMPLEX AND CATASTROPHIC DISASTERS. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation and +coordination with the Federal Emergency Management Agency, the National +Security Council, the Council of Governors, and the National Governors +Association, shall submit to the congressional defense committees, the +Committee on Homeland Security of the House of Representatives, and the +Committee on Homeland Security and Governmental Affairs of the Senate a +report on the plan of the Department to establish policy and processes +to implement the authority under section 502 of title 32, United States +Code. The report shall include a detailed examination of the policy +framework consistent with existing authorities, identify major +statutory or policy impediments to implementation, and make +recommendations for legislation as appropriate. + (b) Contents.--The report submitted under subsection (a) shall +include a description of-- + (1) the current policy and processes whereby governors can + request activation of the National Guard under title 32, United + States Code, as part of the response to large scale, complex, + catastrophic disasters that are supported by the Federal Government + and, if no formal process exists in policy, the Secretary of + Defense shall provide a timeline and plan to establish such a + policy, including consultation with the Council of Governors and + the National Governors Association; + (2) the Secretary of Defense's assessment, informed by + consultation with the Federal Emergency Management Agency, the + National Security Council, the Council of Governors, and the + National Governors Association, regarding the sufficiency of + current authorities for the reimbursement of National Guard and + Reserve manpower during large scale, complex, catastrophic + disasters under title 10 and title 32, United States Code, and + specifically whether reimbursement authorities are sufficient to + ensure that military training and readiness are not degraded to + fund disaster response, or whether invoking such reimbursement + authorities degrades the effectiveness of the Disaster Relief Fund; + (3) the Department of Defense's plan to ensure there is + parallel and consistent policy in the application of the + authorities granted under section 12304a of title 10, United States + Code, and section 502(f) of title 32, United States Code, + including-- + (A) a description of the disparities between benefits and + protections under Federal law versus State active duty; + (B) recommended solutions to achieve parity at the Federal + level; and + (C) recommended changes at the State level, if appropriate; and - (3) by adding at the end the following new paragraph: - ``(2) The amount of dwell time a reserve member of the - armed forces remains at the member's permanent duty station - after completing a deployment of 30 days or more in length.''. - (c) Repeal of Authority to Prescribe Alternative Definition of -``Deployment''.--Subsection (b) of such section is amended by striking -paragraph (4). - -SEC. 516. REPEAL OF REQUIREMENT THAT PARENTAL LEAVE BE TAKEN IN ONE - INCREMENT. - - (a) In General.--Subsection (i) of section 701 of title 10, United -States Code, is amended-- - (1) by striking paragraph (5); and - (2) by redesignating paragraphs (6) through (10) as - paragraphs (5) through (9), respectively. - (b) Conforming Amendments.--Subsection (j)(4) of such section is + (4) the Department of Defense's plan to ensure there is parity + of benefits and protections for military members employed as part + of the response to large scale, complex, catastrophic disasters + under title 32 or title 10, United States Code, and recommendations + for addressing any shortfalls. +SEC. 520B. REPORT AND BRIEFING ON THE SENIOR RESERVE OFFICERS' TRAINING +CORPS. + (a) Report on Various Expansions of the Corps.--Not later than one +year after the date of the enactment of this Act, the Secretary of +Defense shall submit to the Committees on Armed Services of the Senate +and the House of Representatives a report setting forth the following: + (1) An assessment of the feasibility and advisability of + distance learning programs for the Senior Reserve Officers' + Training Corps for students at educational institutions who reside + outside the viable range for a cross-town program. + (2) An assessment of the feasibility and advisability of + expanding the eligibility of institutions authorized to maintain a + unit of the Senior Reserve Officers' Training Corps to include + community colleges. + (b) Briefing on Long-term Effects on the Corps of the Operation of +Certain Recent Prohibitions.-- + (1) Briefing required.--Not later than 180 days after the date + of the enactment of this Act, the Secretary of Defense shall brief + the congressional defense committees on the effects of the + prohibitions in section 8032 of the Department of Defense + Appropriations Act, 2019 (division A of Public Law 115-245) on the + long-term viability of the Senior Reserve Officers' Training Corps. + (2) Elements.--The matters addressed by the briefing under + paragraph (1) shall include an assessment of the effects of the + prohibitions described in paragraph (1) on the following: + (A) Readiness. + (B) The efficient manning and administration of Senior + Reserve Officers' Training Corps units. + (C) The ability of the Armed Forces to commission on a + yearly basis the number and quality of new officers they need + and that are representative of the nation as a whole. + (D) The availability of Senior Reserve Officers' Training + Corps scholarships in rural areas. + (E) Whether the Senior Reserve Officers' Training Corps + program produces officers representative of the demographic and + geographic diversity of the United States, especially with + respect to urban areas, and whether restrictions on + establishing or disestablishing units of the Corps affects the + diversity of the officer corps of the Armed Forces. +SEC. 520C. SENSE OF CONGRESS ON INCREASE IN NUMBER OF JUNIOR RESERVE +OFFICERS' TRAINING CORPS UNITS. + It is the sense of Congress that the Junior Reserve Officers' +Training Corps was supported in the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232) and should +be increased in fiscal year 2020 to include not fewer than 3,700 units +nationwide. + + Subtitle C--General Service Authorities and Correction of Military + Records + + SEC. 521. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN REVIEW BY BOARDS + FOR CORRECTION OF MILITARY RECORDS AND DISCHARGE REVIEW BOARDS OF + CERTAIN CLAIMS. + (a) Boards for Correction of Military Records.--Section 1552(g) of +title 10, United States Code, is amended-- + (1) by inserting ``(1)'' after ``(g)''; and + (2) by adding at the end the following new paragraph: + ``(2) If a board established under subsection (a)(1) is reviewing a +claim described in subsection (h), the board shall seek advice and +counsel in the review from a psychiatrist, psychologist, or social +worker with training on mental health issues associated with post- +traumatic stress disorder or traumatic brain injury or other trauma as +specified in the current edition of the Diagnostic and Statistical +Manual of Mental Disorders published by the American Psychiatric +Association. + ``(3) If a board established under subsection (a)(1) is reviewing a +claim in which sexual trauma, intimate partner violence, or spousal +abuse is claimed, the board shall seek advice and counsel in the review +from an expert in trauma specific to sexual assault, intimate partner +violence, or spousal abuse, as applicable.''. + (b) Discharge Review Boards.--Section 1553(d)(1) of such title is amended-- - (1) by striking ``paragraphs (6) through (10)'' and - inserting ``paragraphs (5) through (9)''; and - (2) by striking ``paragraph (9)(B)'' and inserting - ``paragraph (8)(B)''. - -SEC. 517. DIGITAL ENGINEERING AS A CORE COMPETENCY OF THE ARMED FORCES. - - (a) Policy.-- - (1) In general.--It shall be a policy of the Department of - Defense to promote and maintain digital engineering as a core - competency of the civilian and military workforces of the - Department, which policy shall be achieved by-- - (A) the recruitment, development, and retention of - civilian employees and members of the Armed Forces with - aptitude, experience, proficient expertise, or a - combination thereof in digital engineering in and to - the Department; - (B) at the discretion of the Secretaries of the - military departments, the development and maintenance - of civilian and military career tracks on digital - engineering, and related digital competencies - (including data science, machine learning, software - engineering, software product management, and - artificial intelligence product management) for - civilian employees of the Department and members of the - Armed Forces, including the development and maintenance - of training, education, talent management, incentives, - and promotion policies in support of members at all - levels of such career tracks; and - (C) the development and application of appropriate - readiness standards and metrics to measure and report - on the overall capability, capacity, use, and readiness - of digital engineering civilian and military workforces - to develop and deliver operational capabilities, - leverage modern digital engineering technologies, - develop advanced capabilities to support military - missions, and employ modern business practices. - (2) Digital engineering.--For purposes of this section, - digital engineering is the discipline and set of skills - involved in the creation, processing, transmission, - integration, and storage of digital data. - (b) Responsibility.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall appoint a -civilian official of the Department of Defense, at a level no lower -than Assistant Secretary of Defense, for the development and discharge -of the policy set forth in subsection (a). The official so designated -shall be known as the ``Chief Digital Engineering Recruitment and -Management Officer of the Department of Defense'' (in this section -referred to as the ``Officer''). - (c) Duties.--In developing and providing for the discharge of the -policy set forth in subsection (a), the Officer shall, in consultation -with the Secretaries of the miliary departments, do the following: - (1) Develop recruitment programs with various core - initiatives, programs, activities, and mechanisms to identify - and recruit civilians employees of the Department of Defense - and members of the Armed Forces with demonstrated aptitude, - interest, proficient expertise, or a combination thereof, in - digital engineering particularly, and in science, technology, - engineering, and mathematics (STEM) generally, including - initiatives, programs, activities, and mechanisms to target - populations of individuals not typically aware of opportunities - in the Armed Forces for a digital engineering career. - (2) Develop and maintain education, training, doctrine, and - professional development activities to support digital - engineering skills of civilian employees of the Department and - members of the Armed Forces. - (3) Coordinate and synchronize digital force management - activities throughout the Department, advise the Secretary of - Defense on all matters pertaining to the health and readiness - of digital forces, convene a Department-wide executive steering - group, and submit to Congress an annual report on the readiness - of digital forces and progress toward achieving the policy. - (4) Create a Department-wide mechanism to track digital - expertise in the workforce, develop and maintain organizational - policies, strategies, and plans sufficient to build, maintain, - and refresh internal capacity at scale, and report to the - Secretary quarterly on the health and readiness of digital - forces. - (5) Assist the military departments in designing, - developing, and executing programs and incentives to retain, - track, and oversee digital expertise among civilian employees - of the Department and members of the Armed Forces on active - duty. - (6) At the request of the Chief of Staff of an Armed Force, - or the head of another component or element of the Department, - undertake an executive search for key leadership positions in - digital engineering in such Armed Force, component, or element, - and develop and deploy agile hiring and competitive - compensation processes to fill such positions. - (7) Identify necessary changes in authorities, policies, - resources, or a combination thereof to further the policy. - (8) Develop a definition for digital engineering consistent - with and aligned to Department needs and processes. - (d) Plan.--Not later than June 1, 2020, the Secretary of Defense -shall submit to the Committees on Armed Services of the Senate and the -House of Representatives a plan to meet the requirements of this -section. The plan shall set forth the following: - (1) An identification of the Officer. - (2) A timeline for full implementation of the requirements - of this section. - (3) A description of the career tracks authorized by this - section for both the civilian and military workforces of the - Department of Defense. - (4) Recommendations for such legislative or administrative - action as the Secretary considers appropriate in connection - with implementation of such requirements. - -SEC. 518. MODIFICATION OF NOTIFICATION ON MANNING OF AFLOAT NAVAL - FORCES. - - (a) Timing of Notification.--Subsection (a) of section 525 of the -John S. McCain National Defense Authorization Act for Fiscal Year 2019 -(Public Law 115-232) is amended-- - (1) in the matter preceding paragraph (1), by striking - ``not later than 15 days after any of the following conditions - are met:'' and inserting ``not later than 30 days after the end - of each fiscal year quarter, of each covered ship (if any) - that, as of the last day of such fiscal year quarter, met - either condition as follows:''; and - (2) in paragraphs (1) and (2), by striking ``is less'' and - inserting ``was less''. - (b) Definitions of Manning Fit and Manning Fill.--Subsection (d) of -such section is amended in paragraphs (1) and (2) by striking ``the -billets authorized'' and inserting ``the ship manpower document -requirement.''. - -SEC. 519. REPORT ON EXPANSION OF THE CLOSE AIRMAN SUPPORT TEAM APPROACH - OF THE AIR FORCE TO THE OTHER ARMED FORCES. - - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretaries of the military departments -shall jointly submit to the Committees on Armed Services of the Senate -and the House of Representatives a report setting forth an assessment -of the Secretaries of the feasibility and advisability of expanding the -Close Airman Support (CAS) team approach of the Air Force to the other -Armed Forces under the jurisdiction of such Secretaries. - (b) Close Airman Support Team Approach.--The Close Airman Support -team approach of the Air Force referred to in subsection (a) is an -approach by which personnel associated with an Air Force squadron, and -led by a senior enlisted member of the squadron, take actions to -improve relationships and communication among members of the squadron -in order to promote positive social behaviors among such members as a -squadron, including an embrace of proactive pursuit of needed -assistance. - (c) Scope of Report.--If the Secretaries determine that expansion -of the Close Airman Support team approach to the other Armed Forces is -feasible and advisable, the report under subsection (a) shall include a -description of the manner in which the approach will be carried out in -the other Armed Forces, including the manner, if any, in which the -approach will be modified in the other Armed Forces to take into -account the unique circumstances of such Armed Forces. - - Subtitle D--Military Justice and Related Matters - -PART I--MATTERS RELATING TO INVESTIGATION, PROSECUTION, AND DEFENSE OF - SEXUAL ASSAULT GENERALLY - -SEC. 521. DEPARTMENT OF DEFENSE-WIDE POLICY AND MILITARY DEPARTMENT- - SPECIFIC PROGRAMS ON REINVIGORATION OF THE PREVENTION OF - SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES. + (1) by inserting ``(A)'' after ``(1)''; and + (2) by adding at the end the following new subparagraph; + ``(B) In the case of a former member described in paragraph (3)(B) +who claims that the former member's post-traumatic stress disorder or +traumatic brain injury as described in that paragraph in based in whole +or in part on sexual trauma, intimate partner violence, or spousal +abuse, a board established under this section to review the former +member's discharge or dismissal shall seek advice and counsel in the +review from a psychiatrist, psychologist, or social worker with +training on mental health issues associated with post-traumatic stress +disorder or traumatic brain injury or other trauma as specified in the +current edition of the Diagnostic and Statistical Manual of Mental +Disorders published by the American Psychiatric Association.''. + SEC. 522. REDUCTION IN REQUIRED NUMBER OF MEMBERS OF DISCHARGE + REVIEW BOARDS. + Section 1553(a) of title 10, United States Code, is amended by +striking ``five'' and inserting ``not fewer than three''. +SECTION 523. ESTABLISHMENT OF PROCESS TO REVIEW A REQUEST FOR UPGRADE +OF DISCHARGE OR DISMISSAL. + (a) Establishment.--Chapter 79 of title 10, United States Code, is +amended by inserting after section 1553 the following new section +1553a: +``Sec. 1553a. Review of a request for upgrade of discharge or dismissal + ``(a) Establishment.--The Secretary of Defense shall establish a +process by which to conduct a final review of a request for an upgrade +in the characterization of a discharge or dismissal. + ``(b) Consideration; Recommendation.--(1) Upon the request of a +petitioner, the Secretary of Defense shall review the findings and +decisions of the boards established under sections 1552 and 1553 of +this title regarding the final review of a request for an upgrade in +the characterization of a discharge or dismissal. + ``(2) The Secretary of Defense may recommend that the Secretary of +the military department concerned upgrade the characterization of the +discharge or dismissal of the petitioner if the Secretary of Defense +determines that such recommendation is appropriate after review under +paragraph (1). + ``(c) Definitions.--In this section: + ``(1) The term `final review of a request for an upgrade in the + characterization of a discharge or dismissal' means a request by a + petitioner for an upgrade to the characterization of a discharge or + dismissal-- + ``(A) that was not granted under sections 1552 and 1553 of + this title; and + ``(B) regarding which the Secretary of Defense determines + the petitioner has exhausted all remedies available to the + petitioner under sections 1552 and 1553 of this title. + ``(2) The term `petitioner' means a member or former member of + the armed forces (or if the member or former member is dead, the + surviving spouse, next of kin, or legal representative of the + member or former member) whose request for an upgrade to the + characterization of a discharge or dismissal was not granted under + sections 1552 and 1553 of this title.''. + (b) Technical and Conforming Amendments.-- + (1) Table of sections.--The table of sections at the beginning + of such chapter is amended by inserting after the item relating to + section 1553 the following new item: + +``1553a. Review of a request for upgrade of discharge or dismissal.''. + + (2) Conforming amendments.-- + (A) Section 1552(a)(4) of such title is amended to read as + follows: + ``(4)(A) Subject to subparagraph (B), a correction under this +section is final and conclusive on all officers of the United States +except when procured by fraud. + ``(B) If a board established under this section does not grant a +request for an upgrade to the characterization of a discharge or +dismissal, that declination may be considered under section 1553a of +this title.''. + (B) Section 1553(b) of such title is amended-- + (i) by inserting ``(1)'' before ``A board''; and + (ii) by adding at the end the following new paragraph: + ``(2) If a board established under this section does not grant a +request for an upgrade to the characterization of a discharge or +dismissal, that declination may be considered under section 1552 or +section 1553a of this title, as applicable.''. + (c) Deadline.--The Secretary of Defense shall implement section +1553a of such title, as added by subsection (a), not later than January +1, 2021. + (d) Resources.--In establishing and implementing the process under +such section 1553a, the Secretary of Defense shall, to the maximum +extent practicable, use existing organizations, boards, processes, and +personnel of the Department of Defense. + (e) Reporting.-- + (1) Report.--Not later than January 1, 2022, the Secretary of + Defense shall submit to the Committees on Armed Services of the + Senate and the House of Representatives a report regarding the + process established under such section 1553a. The report shall + include, with respect to considerations under such process since + implementation, the following: + (A) The number of requests considered. + (B) The number of upgrades to the characterization of a + discharge or dismissal granted pursuant to such process, + including the most common reasons for such upgrades. + (C) The number of upgrades to the characterization of a + discharge or dismissal declined pursuant to such process, + including the most common reasons for such declinations. + (2) Online publication.--On October 1, 2022, and annually + thereafter, the Secretary shall publish the information described + in paragraph (1) with regards to the immediately preceding fiscal + year on a website of the Department of Defense that is accessible + by the public. + SEC. 524. PROHIBITION ON REDUCTION IN THE NUMBER OF PERSONNEL + ASSIGNED TO DUTY WITH A SERVICE REVIEW AGENCY. + (a) Prohibition.--Section 1559(a) of title 10, United States Code, +is amended-- + (1) by striking ``December 31, 2019'' and inserting ``December + 31, 2025''; + (2) by striking ``that agency until--'' and inserting ``that + agency.''; and + (3) by striking subsections (1) and (2). + (b) Report.-- + (1) Report required.--Not later than 180 days after the + enactment of this Act, the Secretary of each military department + shall submit a report to the Committees on Armed Services of the + Senate and House of Representatives that details a plan to-- + (A) reduce the backlog of applications before the service + review agency of the military department concerned; and + (B) maintain the resources required to meet the timeliness + standards for disposition of applications before the + Corrections Boards under section 1557 of title 10, United + States Code, not later than October 1, 2021. + (2) Elements.--Each report under this subsection shall include + the following: + (A) A description of the current backlog of applications + before the service review agency of the military department + concerned. + (B) The number of personnel required to meet the deadline + described in paragraph (1)(B). + (C) The plan of the Secretary concerned to modernize the + application and review system of the service review agency of + the military department concerned. + SEC. 525. TRAINING OF MEMBERS OF BOARDS FOR CORRECTION OF MILITARY + RECORDS AND DISCHARGE REVIEW BOARDS ON SEXUAL TRAUMA, INTIMATE + PARTNER VIOLENCE, SPOUSAL ABUSE, AND RELATED MATTERS. + (a) Boards for Correction of Military Records.--The curriculum of +training for members of boards for the correction of military records +under section 534(c) of the National Defense Authorization Act for +Fiscal Year 2017 (10 U.S.C. 1552 note) shall include training on each +of the following: + (1) Sexual trauma. + (2) Intimate partner violence. + (3) Spousal abuse. + (4) The various responses of individuals to trauma. + (b) Discharge Review Boards.-- + (1) In general.--Each Secretary concerned shall develop and + provide training for members of discharge review boards under + section 1553 of title 10, United States Code, that are under the + jurisdiction of such Secretary on each of the following: + (A) Sexual trauma. + (B) Intimate partner violence. + (C) Spousal abuse. + (D) The various responses of individuals to trauma. + (2) Uniformity of training.--The Secretary of Defense and the + Secretary of Homeland Security shall jointly ensure that the + training developed and provided pursuant to this subsection is, to + the extent practicable, uniform. + (3) Secretary concerned defined.--In this subsection, the term + ``Secretary concerned'' has the meaning given that term in section + 101(a)(9) of title 10, United States Code. + SEC. 526. TIME REQUIREMENTS FOR CERTIFICATION OF HONORABLE SERVICE. + The Secretary of Defense shall publish regulations for submission +and processing of a completed United States Citizenship and Immigration +Services Form N-426, by a member of the Armed Forces. Such regulations +shall designate the appropriate level for the certifying officer as +well as establish time requirements for the form to be returned to the +member of the Armed Forces. + SEC. 527. CORRECTION OF CERTAIN DISCHARGE CHARACTERIZATIONS. + (a) In General.--In accordance with this section, and in a manner +that is consistent across the military departments to the greatest +extent practicable, the appropriate board shall, at the request of a +covered member or the authorized representative of a covered member-- + (1) review the discharge characterization of that covered + member; and + (2) change the discharge characterization of that covered + member to honorable if the appropriate board determines such change + to be appropriate after review under paragraph (1). + (b) Appeal.--A covered member or the authorized representative of +that covered member may seek review of a decision by the appropriate +board not to change the discharge characterization of that covered +member. Such review may be made pursuant to section 1552 of title 10, +United States Code, section 1553 of such title, or any other process +established by the Secretary of Defense for such purpose. + (c) Change of Records.--For each covered member whose discharge +characterization is changed under subsection (a) or (b), the Secretary +of the military department concerned shall issue to the covered member +or the authorized representative of the covered member a corrected +Certificate of Release or Discharge from Active Duty (DD Form 214), or +other like form regularly used by an Armed Force that-- + (1) reflects the upgraded discharge characterization of the + covered member; and + (2) does not reflect the sexual orientation of the covered + member or the original stated reason for the discharge or dismissal + of that covered member. + (d) Definitions.--In this section: + (1) The term ``appropriate board'' means a board for the + correction of military or naval records under section 1552 of title + 10, United States Code, or a discharge review board under section + 1553 of such title, as the case may be. + (2) The term ``authorized representative'' means an heir or + legal representative of a covered member. + (3) 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 that member. + (4) The term ``discharge characterization'' means the + characterization assigned to the service of a covered member on the + discharge or dismissal of that covered member from service in the + Armed Forces. + SEC. 528. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL SOURCES + OF INFORMATION TO DETERMINE ELIGIBILITY OF MEMBERS AND FORMER + MEMBERS OF THE ARMED FORCES FOR DECORATIONS WHEN THE SERVICE + RECORDS ARE INCOMPLETE BECAUSE OF DAMAGE TO THE OFFICIAL RECORD. + (a) Guidelines Required.--The Secretary of Defense shall develop +guidelines regarding the use by the Secretaries of the military +departments of unofficial sources of information, including eyewitness +statements, to determine the eligibility of a member or former member +of the Armed Forces for decorations when the service records of the +member are incomplete because of damage to the records as a result of +the 1973 fire at the National Personnel Records Center in St. Louis, +Missouri, or any subsequent incident while the records were in the +possession of the Department of Defense. + (b) Time for Completion.--The Secretary of Defense shall complete +development of the guidelines not later than one year after the date of +the enactment of this Act. + SEC. 529. STRATEGIC PLAN FOR DIVERSITY AND INCLUSION. + (a) Plan Required.--The Secretary of Defense shall design and +implement a five-year strategic plan for diversity and inclusion in the +Department of Defense. + (b) Elements.--The strategic plan under this section-- + (1) shall incorporate existing efforts to promote diversity and + inclusion within the Department; and + (2) may not conflict with the objectives of the 2018 National + Military Strategy. + (c) Deadline.--The Secretary shall implement the strategic plan +under this section not later than one year after the date of the +enactment of this Act. + SEC. 530. STUDY REGARDING SCREENING INDIVIDUALS WHO SEEK TO ENLIST + IN THE ARMED FORCES. + (a) Study.--The Secretary of Defense shall study the feasibility +of, in background investigations and security and suitability +screenings of individuals who seek to enlist in the Armed Forces-- + (1) screening for extremist and gang-related activity; and + (2) using the following resources of the Federal Bureau of + Investigation: + (A) The Tattoo and Graffiti Identification Program. + (B) The National Gang Intelligence Center. + (b) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary shall submit an unclassified +report in writing to the Committees on Armed Services of the Senate and +House of Representatives containing conclusions of the Secretary +regarding the study under subsection (a). +SEC. 530A. FEASIBILITY STUDY REGARDING NOTIFICATION TO SECRETARY OF +HOMELAND SECURITY OF HONORABLE DISCHARGES OF NON-CITIZENS. + (a) Study Required.--The Secretary of Defense, in consultation with +the Secretary of Homeland Security, shall study the feasibility of +providing the Secretary of Homeland Security with a copy of the +Certificate of Release or Discharge from Active Duty (DD Form 214) or +National Guard Report of Separation and Record of Service (NGB-22) for +each individual who is not a citizen of the United States who is +honorably discharged from the Armed Forces so the Secretary of Homeland +Security may note such discharge in an I-213 Record of Deportable/ +Inadmissible Alien for that individual. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +committees on Armed Services of the Senate and House of Representatives +a report regarding the results of the study under this section. +SEC. 530B. SENSE OF CONGRESS REGARDING ACCESSION PHYSICALS. + It is the sense of Congress that the Secretary of Defense should +explore alternatives to centralized accession physicals at Military +Entrance Processing Stations, including conducting physicals through +community health care providers, in order to reduce transportation +costs, increase efficiency in processing times, and free recruiters to +focus on the core of the recruiting mission. + + Subtitle D--Military Justice + + SEC. 531. EXPANSION OF PRE-REFERRAL MATTERS REVIEWABLE BY MILITARY + JUDGES AND MILITARY MAGISTRATES IN THE INTEREST OF EFFICIENCY IN + MILITARY JUSTICE. + (a) In General.--Subsection (a) of section 830a of title 10, United +States Code (article 30a of the Uniform Code of Military Justice), is +amended by striking paragraphs (1) and (2) and inserting the following +new paragraphs: + ``(1) The President shall prescribe regulations for matters +relating to proceedings conducted before referral of charges and +specifications to court-martial for trial, including the following: + ``(A) Pre-referral investigative subpoenas. + ``(B) Pre-referral warrants or orders for electronic + communications. + ``(C) Pre-referral matters referred by an appellate court. + ``(D) Pre-referral matters under subsection (c) or (e) of + section 806b of this title (article 6b). + ``(E) Pre-referral matters relating to the following: + ``(i) Pre-trial confinement of an accused. + ``(ii) The mental capacity or mental responsibility of an + accused. + ``(iii) A request for an individual military counsel. + ``(2) In addition to the matters specified in paragraph (1), the +regulations prescribed under that paragraph shall-- + ``(A) set forth the matters that a military judge may rule upon + in such proceedings; + ``(B) include procedures for the review of such rulings; + ``(C) include appropriate limitations to ensure that + proceedings under this section extend only to matters that would be + subject to consideration by a military judge in a general or + special court-martial; and + ``(D) provide such limitations on the relief that may be + ordered under this section as the President considers + appropriate.''. + (b) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of such section is amended + to read as follows: +``Sec. 830a. Art 30a. Proceedings conducted before referral''. + (2) Clerical amendment.--The table of sections at the beginning + of subchapter VI of chapter 47 of title 10, United States Code (the + Uniform Code of Military Justice), is amended by striking the item + relating to section 830a (article 30a) and inserting the following + new item: - (a) Policy Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall develop and issue -a comprehensive policy for the Department to reinvigorate the -prevention of sexual assault involving members of the Armed Forces. - (b) Policy Elements.-- - (1) In general.--The policy required by subsection (a) - shall include the following: - (A) Education and training for members of the Armed - Forces on the prevention of sexual assault. - (B) Elements for programs designed to encourage and - promote healthy relationships among members of the - Armed Forces. - (C) Elements for programs designed to empower and - enhance the role of non-commissioned officers in the - prevention of sexual assault. - (D) Elements for programs to foster social courage - among members of the Armed Forces to encourage and - promote intervention in situations in order to prevent - sexual assault. - (E) Processes and mechanisms designed to address - behaviors among members of the Armed Forces that are - included in the continuum of harm that frequently - results in sexual assault. - (F) Elements for programs designed to address - alcohol abuse, including binge drinking, among members - of the Armed Forces. - (G) Such other elements, processes, mechanisms, and - other matters as the Secretary of Defense considers - appropriate. - (2) Continuum of harm resulting in sexual assault.--For - purposes of paragraph (1)(E), the continuum of harm that - frequently results in sexual assault includes hazing, sexual - harassment, and related behaviors (including language choices, - off-hand statements, jokes, and unconscious attitudes or - biases) that create a permissive climate for sexual assault. - (c) Programs Required.--Not later than 180 days after the issuance -of the policy required by subsection (a), each Secretary of a military -department shall develop and implement for each Armed Force under the -jurisdiction of such Secretary a program to reinvigorate the prevention -of sexual assaults involving members of the Armed Forces. Each program -shall include the elements, processes, mechanisms, and other matters -developed by the Secretary of Defense pursuant to subsection (a) -tailored to the requirements and circumstances of the Armed Force or -Armed Forces concerned. +``830a. 30a. Proceedings conducted before referral.''. + SEC. 532. COMMAND INFLUENCE. + (a) In General.--Section 837 of title 10, United States Code +(article 37 of the Uniform Code of Military Justice), is amended-- + (1) by striking ``Unlawfully influencing action of court'' and + inserting ``Command influence''; + (2) by amending subsection (a) to read as follows: + ``(a)(1) No court-martial convening authority, nor any other +commanding officer, may censure, reprimand, or admonish the court or +any member, military judge, or counsel thereof, with respect to the +findings or sentence adjudged by the court, or with respect to any +other exercise of its or his functions in the conduct of the +proceeding. + ``(2) No court-martial convening authority, nor any other +commanding officer, may deter or attempt to deter a potential witness +from participating in the investigatory process or testifying at a +court-martial. The denial of a request to travel at government expense +or refusal to make a witness available shall not by itself constitute +unlawful command influence. + ``(3) No person subject to this chapter may attempt to coerce or, +by any unauthorized means, attempt to influence the action of a court- +martial or any other military tribunal or any member thereof, in +reaching the findings or sentence in any case, or the action of any +convening, approving, or reviewing authority or preliminary hearing +officer with respect to such acts taken pursuant to this chapter as +prescribed by the President. + ``(4) Conduct that does not constitute a violation of paragraphs +(1) through (3) may include, for example-- + ``(A) general instructional or informational courses in + military justice if such courses are designed solely for the + purpose of instructing persons on the substantive and procedural + aspects of courts-martial; + ``(B) statements regarding criminal activity or a particular + criminal offense that do not advocate a particular disposition, or + a particular court-martial finding or sentence, or do not relate to + a particular accused; or + ``(C) statements and instructions given in open court by the + military judge or counsel. + ``(5)(A) Notwithstanding paragraphs (1) through (3), but subject to +subparagraph (B)-- + ``(i) a superior convening authority or officer may generally + discuss matters to consider regarding the disposition of alleged + violations of this chapter with a subordinate convening authority + or officer; and + ``(ii) a subordinate convening authority or officer may seek + advice from a superior convening authority or officer regarding the + disposition of an alleged offense under this chapter. + ``(B) No superior convening authority or officer may direct a +subordinate convening authority or officer to make a particular +disposition in a specific case or otherwise substitute the discretion +of such authority or such officer for that of the subordinate convening +authority or officer.''; + (3) in subsection (b)-- + (A) by striking ``advanced, in grade'' and inserting + ``advanced in grade''; and + (B) by striking ``accused before a court-martial'' and + inserting ``person in a court-martial proceeding''; and + (4) by adding at the end the following new subsections: + ``(c) No finding or sentence of a court-martial may be held +incorrect on the ground of a violation of this section unless the +violation materially prejudices the substantial rights of the accused. + ``(d)(1) A superior convening authority or commanding officer may +withhold the authority of a subordinate convening authority or officer +to dispose of offenses in individual cases, types of cases, or +generally. + ``(2) Except as provided in paragraph (1) or as otherwise +authorized by this chapter, a superior convening authority or +commanding officer may not limit the discretion of a subordinate +convening authority or officer to act with respect to a case for which +the subordinate convening authority or officer has authority to dispose +of the offenses.''. + (b) Clerical Amendment.--The table of sections at the beginning +subchapter VII of chapter 47 of title 10, United States Code (the +Uniform Code of Military Justice), is amended by striking the item +relating to section 837 (article 37) and inserting the following new +item: -SEC. 522. ENACTMENT AND EXPANSION OF POLICY ON WITHHOLDING OF INITIAL - DISPOSITION AUTHORITY FOR CERTAIN OFFENSES UNDER THE - UNIFORM CODE OF MILITARY JUSTICE. - - (a) Initial Disposition Authority.-- - (1) In general.--Except as provided in paragraph (2), the - proper authority for a determination of disposition of reported - offenses with respect to any offense specified in subsection - (b) shall be an officer in a grade not below the grade of O-6 - in the chain of command of the subject who is authorized by - chapter 47 of such title (the Uniform Code of Military Justice) - to convene special courts-martial. - (2) Authority when subject and victim are in different - chains of command.--If the victim of an offense specified in - subsection (b) is in a different chain of command than the - subject, the proper authority under paragraph (1), for any - reported offenses in connection with misconduct of the victim - arising out of the incident in which the offense is alleged to - have occurred, shall be an officer described in that paragraph - in the chain of command of the victim. - (3) Construction.--Nothing in this subsection shall be - construed-- - (A) to prohibit the preferral of charges by an - authorized person under section 830(a)(1) of title 10, - United States Code (article 30(a)(1) of the Uniform - code of Military Justice), with respect to the offenses - specified in subsection (b), and the forwarding of such - charges as so preferred to the proper authority under - paragraph (1) with a recommendation as disposition; or - (B) to prohibit an officer in a grade below the - grade of O-6 from advising an officer described in - paragraph (1) who is making a determination described - in that paragraph with respect to the disposition of - the offenses involved. - (b) Covered Offenses.--An offense specified in this subsection is -any offense as follows: - (1) An offense under section 893 of title 10, United States - Code (article 93 of the Uniform Code of Military Justice), - relating to cruelty and maltreatment, if the offense - constitutes sexual harassment. - (2) An offense under section 893a of title 10, United - States Code (article 93a of the Uniform Code of Military - Justice), relating to prohibited activity with a military - recruit or trainee by a person in a position of special trust. - (3) An offense under section 918 of title 10, United States - Code (article 118 of the Uniform Code of Military Justice), - relating to murder, if the offense is committed in connection - with family abuse or other domestic violence. - (4) An offense under section 919 of title 10, United States - Code (article 119 of the Uniform Code of Military Justice), - relating to manslaughter, if the offense is committed in - connection with family abuse or other domestic violence. - (5) An offense under section 919a of title 10, United - States Code (article 119a of the Uniform Code of Military - Justice), relating to death or injury of an unborn child, if - the offense is committed in connection with family abuse or - other domestic violence. - (6) An offense under section 919b of title 10, United - States Code (article 119b of the Uniform Code of Military - Justice), relating to child endangerment, if the offense is - committed in connection with family abuse or other domestic - violence. - (7) An offense under section 920 of title 10, United States - Code (article 120 of the Uniform Code of Military Justice), - relating to rape and sexual assault generally. - (8) An offense under section 920b of title 10, United - States Code (article 120b of the Uniform Code of Military - Justice), relating to rape and sexual assault of a child. - (9) An offense under section 920c of title 10, United - States Code (article 120c of the Uniform Code of Military - Justice), relating to other sexual misconduct. - (10) An offense under section 925 of title 10, United - States Code (article 125 of the Uniform Code of Military - Justice), relating to kidnapping, if the offense is committed - in connection with family abuse or other domestic violence. - (11) An offense under section 928 of title 10, United - States Code (article 128 of the Uniform Code of Military - Justice), relating to aggravated assault, if the offense is - committed in connection with family abuse or other domestic - violence. - (12) An offense under section 928a of title 10, United - States Code (article 128a of the Uniform Code of Military - Justice), relating to maiming, if the offense is committed in - connection with family abuse or other domestic violence. - (13) An offense under section 928b of title 10, United - States Code (article 128b of the Uniform Code of Military - Justice), relating to domestic violence. - (14) An offense under section 930 of title 10, United - States Code (article 130 of the Uniform Code of Military - Justice), relating to stalking, if the offense is committed in - connection with family abuse or other domestic violence. - (15) An offense under section 932 of title 10, United - States Code (article 132 of the Uniform Code of Military - Justice), relating to retaliation. - (16) An offense under section 934 of title 10, United - States Code (article 134 of the Uniform Code of Military - Justice), if the offense relates to child pornography. - (17) An offense under section 934 of title 10, United - States Code (article 134 of the Uniform Code of Military - Justice), if the offense-- - (A) relates to animal abuse; and - (B) is committed in connection with family abuse or - other domestic violence, - (18) An offense under section 934 of title 10, United - States Code (article 134 of the Uniform Code of Military - Justice), if the offense-- - (A) relates to negligent homicide; and - (B) is committed in connection with family abuse or - other domestic violence. - (19) An attempt to commit an offense specified in a - paragraph (1) through (18) as punishable under section 880 of - title 10, United States Code (article 80 of the Uniform Code of - Military Justice). - (c) Scope of Disposition Authority With Respect to Particular -Offenses.--The authority in subsection (a) of an officer to make a -disposition determination described in that subsection with respect to -any offense specified in subsection (b) extends to a determination of -disposition with respect to any other offenses against the subject -arising out of the incident in which the offense is alleged to have -occurred. - (d) Scope of Disposition Determinations.--Except for an offense -specified in section 818(c) of title 10, United States Code (article -18(c) of the Uniform Code of Military Justice), of which only general -courts-martial have jurisdiction, the disposition determinations -permissible in the exercise of the authority under this section with -respect to charges and specifications are as follows: - (1) No action. - (2) Administrative action. - (3) Imposition of non-judicial punishment. - (4) Preferral of charges. - (5) If such charges and specifications were preferred from - a subordinate, dismissal of charges or referral to court- - martial for trial. - (6) Forwarding to a superior or subordinate authority for - further disposition. - (e) Review of Certain Disposition Determinations.-- - (1) Initial review and recommendation.--If a disposition - determination under this section with respect to an offense is - for a disposition specified in paragraph (1), (2), or (3) of - subsection (d) and the legal advisor to the officer making the - disposition determination has recommended a disposition - specified in paragraph (4), (5), or (6) of that subsection, a - Special Victim Prosecutor (SVP), Senior Trial Counsel (STC), or - Regional Trial Counsel (RTC) not in the chain of command of the - officer making the disposition determination shall-- - (A) review the disposition determination; and - (B) recommend to the staff judge advocate in the - chain of command whether to endorse or supersede the - disposition determination. - (2) SJA review and advice.--Upon completion of a review of - a recommendation under paragraph (1)(B), the staff judge - advocate concerned shall advise the next superior commander in - the chain of command of the officer making the original - disposition determination whether such disposition - determination should be endorsed or superseded. - (3) Final disposition determination.--After considering - advice under paragraph (2) with respect to an original - disposition determination, the superior commander concerned - shall-- - (A) make a new disposition determination with - respect to the offenses concerned; or - (B) endorse the original disposition determination - for appropriate further action. - (f) Training.-- - (1) In general.--The training provided to commissioned - officers of the Armed Forces in grades O-6 and above on the - exercise of authority pursuant to this section for - determinations of the disposition of an offense specified in - subsection (b) shall include specific training on such matters - in connection with sexual harassment, sexual assault, and - family abuse and domestic violence as the Secretary of Defense - considers appropriate to make informed disposition - determinations under such authority. - (2) Construction.--Nothing in this subsection shall be - construed to deprive a court-martial of jurisdiction based on - the level or amount of training received by the disposition - authority pursuant to this section. - (g) Manual for Courts-Martial.--The President shall implement the -requirement of this section into the Manual for Courts-Martial in -accordance with section 836 of title 10, United States Code (article 36 -of the Uniform Code of Military Justice). - -SEC. 523. TRAINING FOR SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITIES - ON EXERCISE OF DISPOSITION AUTHORITY FOR SEXUAL ASSAULT - AND COLLATERAL OFFENSES. - - (a) In General.--The training for Sexual Assault Initial -Disposition Authorities (SAIDAs) on the exercise of disposition -authority under chapter 47, United States Code (the Uniform Code of -Military Justice), with respect to cases for which disposition -authority is withheld to such Authorities by the April 20, 2012, -memorandum of the Secretary of Defense, or any successor memorandum, -shall include comprehensive training on the exercise by such -Authorities of such authority with respect to such cases in order to -enhance the capabilities of such Authorities in the exercise of such -authority and thereby promote confidence and trust in the military -justice process with respect to such cases. - (b) Memorandum of Secretary of Defense.--The April 20, 2012, -memorandum of the Secretary of Defense referred to in subsection (a) is -the memorandum of the Secretary of Defense entitled ``Withholding -Initial Disposition Authority Under the Uniform Code of Military -Justice in Certain Sexual Assault Cases'' and dated April 20, 2012. - -SEC. 524. EXPANSION OF RESPONSIBILITIES OF COMMANDERS FOR VICTIMS OF - SEXUAL ASSAULT COMMITTED BY ANOTHER MEMBER OF THE ARMED - FORCES. - - (a) Notification of Victims of Events in Military Justice +``837. Art. 37. Command influence.''. + + (c) Effective Date.--The amendments made by subsections (a) and (b) +shall take effect on the date of the enactment of this Act and shall +apply with respect to violations of section 837 of title 10, United +States Code (article 37 of the Uniform Code of Military Justice), +committed on or after such date. + SEC. 533. STATUTE OF LIMITATIONS FOR CERTAIN OFFENSES. + (a) In General.--Section 843 of title 10, United States Code +(article 43 of the Uniform Code of Military Justice), is amended-- + (1) in subsection (a), by inserting ``maiming of a child, + kidnapping of a child,'' after ``sexual assault of a child,''; and + (2) in subsection (b)(2)(B)-- + (A) by striking clauses (ii) and (iv); and + (B) by redesignating clause (iii) as clause (ii). + (b) Effective Date.--The amendments made by subsection (a) shall +take effect on the date of the enactment of this Act and shall apply +with respect to the prosecution of offenses committed before, on, or +after the date of the enactment of this Act if the applicable +limitation period has not yet expired. + SEC. 534. PUBLIC ACCESS TO DOCKETS, FILINGS, AND COURT RECORDS OF + COURTS-MARTIAL OR OTHER RECORDS OF TRIAL OF THE MILITARY JUSTICE + SYSTEM. + (a) In General.--Section 940a of title 10, United States Code +(article 140a of the Uniform Code of Military Justice), is amended-- + (1) by striking ``The Secretary of Defense'' and inserting + ``(a) In General.--The Secretary of Defense, in consultation with + the Secretary of Homeland Security,''; + (2) in subsection (a), as designated by paragraph (1)-- + (A) in the matter preceding paragraph (1), by inserting + ``(including with respect to the Coast Guard)'' after + ``military justice system''; and + (B) in paragraph (4), by inserting ``public'' before + ``access to docket information''; and + (3) by adding at the end the following new subsections: + ``(b) Protection of Certain Personally Identifiable Information.-- +Records of trial, docket information, filings, and other records made +publicly accessible in accordance with the uniform standards and +criteria for conduct established by the Secretary under subsection (a) +shall restrict access to personally identifiable information of minors +and victims of crime (including victims of sexual assault and domestic +violence), as practicable to the extent such information is restricted +in electronic filing systems of Federal and State courts. + ``(c) Inapplicability to Certain Dockets and Records.--Nothing in +this section shall be construed to provide public access to docket +information, filings, or records that are classified, subject to a +judicial protective order, or ordered sealed.''. + (b) Existing Standards and Criteria.--The Secretary of Homeland +Security shall apply to the Coast Guard the standards and criteria for +conduct established by the Secretary of Defense under section 940a of +title 10, United States Code (article 140a of the Uniform Code of +Military Justice), as in effect on the day before the date of the +enactment of this Act, until such time as the Secretary of Defense, in +consultation with the Secretary of Homeland Security, prescribes +revised standards and criteria for conduct under such section that +implement the amendments made by subsection (a) of this section. + SEC. 535. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON INVESTIGATION, + PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED FORCES. + Section 546(f)(1) 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 by striking ``five'' and inserting ``10''. + SEC. 536. AUTHORITY FOR RETURN OF PERSONAL PROPERTY TO VICTIMS OF + SEXUAL ASSAULT WHO FILE A RESTRICTED REPORT BEFORE CONCLUSION OF + RELATED PROCEEDINGS. + Section 586 of the National Defense Authorization Act for Fiscal +Year 2012 (10 U.S.C. 1561 note) is amended-- + (1) by redesignating subsection (f) as subsection (e); + (2) in subsection (e), as so redesignated, in the subsection + heading, by inserting ``in Unrestricted Reporting Cases'' after + ``Proceedings''; and + (3) by adding at the end the following new subsection: + ``(f) Return of Personal Property in Restricted Reporting Cases.-- +(1) The Secretary of Defense shall prescribe procedures under which a +victim who files a restricted report on an incident of sexual assault +may request, at any time, the return of any personal property of the +victim obtained as part of the sexual assault forensic examination. + ``(2) The procedures shall ensure that-- + ``(A) a request of a victim under paragraph (1) may be made on + a confidential basis and without affecting the restricted nature of + the restricted report; and + ``(B) at the time of the filing of the restricted report, a + Sexual Assault Response Coordinator or Sexual Assault Prevention + and Response Victim Advocate-- + ``(i) informs the victim that the victim may request the + return of personal property as described in paragraph (1); and + ``(ii) advises the victim that such a request for the + return of personal property may negatively impact a subsequent + case adjudication, if the victim later decides to convert the + restricted report to an unrestricted report. + ``(3) Except with respect to personal property returned to a victim +under this subsection, nothing in this subsection shall affect the +requirement to retain a sexual assault forensic examination (SAFE) kit +for the period specified in subsection (c)(4)(A).''. + SEC. 537. GUIDELINES ON SENTENCES FOR OFFENSES COMMITTED UNDER THE + UNIFORM CODE OF MILITARY JUSTICE. + (a) Development of Guidelines.--Not later than the date specified +in subsection (d), the Secretary of Defense shall develop nonbinding +guidelines on sentences for offenses under chapter 47 of title 10, +United States Code (the Uniform Code of Military Justice). The +guidelines shall provide the sentencing authority with a suggested +range of punishments, including suggested ranges of confinement, that +will generally be appropriate for a violation of each offense under +such chapter. + (b) Sentencing Data.--In developing the guidelines for sentences +under subsection (a), the Secretary of Defense shall take into account +the sentencing data collected by the Military Justice Review Panel +pursuant to section 946(f)(2) of title 10, United States Code (article +146(f)(2) of the Uniform Code of Military Justice). + (c) Submittal to Congress.--Not later than the date specified in +subsection (d), the Secretary of Defense shall submit to the Committees +on Armed Services of the Senate and the House of Representatives-- + (1) the guidelines for sentences developed under subsection + (a); and + (2) an assessment of the feasibility and advisability of + implementing such guidelines in panel sentencing cases. + (d) Date Specified.--The date specified in this subsection is the +date that is not later than one year after the date on the which the +first report of the Military Justice Review Panel is submitted to the +Committees on Armed Services of the Senate and the House of +Representatives pursuant to section 946(f)(5) of title 10, United +States Code (article 146(f)(5) of the Uniform Code of Military +Justice). + SEC. 538. NOTIFICATION OF SIGNIFICANT EVENTS AND DOCUMENTATION OF + PREFERENCE FOR PROSECUTION JURISDICTION FOR VICTIMS OF SEXUAL + ASSAULT. + (a) Notification to Victims of Events in Military Justice Process.-- - (1) Notification required.--Except as provided in paragraph - (2), the commander of a member of the Armed Forces who is the - victim of an alleged sexual assault committed by another member - of the Armed Forces (whether or not such other member is in the - command of such commander) shall provide notification to such - victim of every key or other significant event in the military - justice process in connection with the investigation, - prosecution, and confinement of such other member for alleged - sexual assault. - (2) Election of victim not to receive.--A commander is not - required by paragraph (1) to provide notifications to a victim - as described in that paragraph if the victim elects not to be - provided such notifications. - (3) Documentation.--Each commander described in paragraph - (1) shall create and maintain appropriate documentation on the - following: - (A) Any notification provided as described in - paragraph (1). - (B) Any election made pursuant to paragraph (2). - (b) Documentation of Victim's Preference on Jurisdiction in -Prosecution.--In the case of a member of the Armed Forces who is the + (1) Notification required.--A member of the Armed Forces who is + the victim of an alleged sexual assault by another member of the + Armed Forces shall receive notification of each significant event + in the military justice process that relates to the investigation, + prosecution, and confinement of such other member for such assault. + (2) Documentation.--Appropriate documentation of each + notification made pursuant to paragraph (1) shall be created and + maintained in an appropriate system of records of the military + department concerned. + (b) Documentation of Victim's Preference for Prosecution +Jurisdiction.--In the case of a member of the Armed Forces who is the victim of an alleged sexual assault committed by another member of the -Armed Forces who is subject to prosecution for such alleged offense -both by court-martial under chapter 47 of title 10, United States Code -(the Uniform Code of Military Justice), and by a civilian court under -Federal or State law, the commander of such victim shall create and -maintain appropriate documentation of the expressed preference, if any, -of such victim for prosecution of such alleged offense by court-martial -or by a civilian court as provided for by Rule 306(e) of the Rules for -Court-Martial. - (c) Regulations.--The Secretary of Defense shall prescribe in -regulations the requirements applicable to each of the following: - (1) Notifications under subsection (a)(1). - (2) Elections under subsection (a)(2). - (3) Documentation under subsection (a)(3). - (4) Documentation under subsection (b). - -SEC. 525. TRAINING FOR COMMANDERS IN THE ARMED FORCES ON THEIR ROLE IN - ALL STAGES OF MILITARY JUSTICE IN CONNECTION WITH SEXUAL - ASSAULT. - +Armed Forces who is subject to prosecution for such offense both by +court-martial under chapter 47 of title 10, United States Code (the +Uniform Code of Military Justice), and by a civilian court under +Federal or State law, appropriate documentation of the preference, if +any, of such victim for prosecution of such offense by court-martial or +by a civilian court as provided for by Rule for Courts-Martial 306(e) +(as set forth in the Manual for Courts-Martial, 2019 edition, or any +successor rule), shall be created and maintained in an appropriate +system of records of the military department concerned. + (c) Regulations.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall prescribe +regulations implementing this section. + SEC. 539. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS FOR + CERTAIN MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS. + (a) In General.--Each Secretary of a military department shall take +appropriate actions to increase the number of digital forensic +examiners in each military criminal investigative organization +specified in subsection (b) under the jurisdiction of such Secretary by +not fewer than 10 from the authorized number of such examiners for such +organization as of September 30, 2019. + (b) Military Criminal Investigative Organizations.--The military +criminal investigative organizations specified in this subsection are +the following: + (1) The Army Criminal Investigation Command. + (2) The Naval Criminal Investigative Service. + (3) The Air Force Office of Special Investigations. + (c) Funding.--Funds for additional digital forensic examiners as +required by subsection (a) for fiscal year 2020, including for +compensation, initial training, and equipment, shall be derived from +amounts authorized to be appropriated for that fiscal year for the +Armed Force concerned for operation and maintenance. + SEC. 540. INCREASE IN INVESTIGATIVE PERSONNEL AND VICTIM WITNESS + ASSISTANCE PROGRAM LIAISONS. + (a) Military Criminal Investigative Services.--Not later than one +year after the date of the enactment of this Act, the Secretary of each +military department shall increase the number of personnel assigned to +the military criminal investigative services of the department with the +goal of ensuring, to the extent practicable, that the investigation of +any sex-related offense is completed not later than six months after +the date on which the investigation is initiated. An investigation +shall be considered completed for purposes of the preceding sentence +when the active phase of the investigation is sufficiently complete to +enable the appropriate authority to reach a decision with respect to +the disposition of charges for the sex-related offense. + (b) Victim Witness Assistance Program Liaisons.--Not later than +one year after the date of the enactment of this Act, the Secretary of +each military department shall increase the number of personnel serving +as Victim Witness Assistance Program liaisons to address personnel +shortages in the Victim Witness Assistance Program. + (c) Rule of Construction.--Nothing in this section shall be +construed to create any right or benefit, substantive or procedural, +enforceable at law or in equity by any party against the United States, +its departments, agencies, or entities, its officers, employees, or +agents, or any other person. +SEC. 540A. TRAINING FOR SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITIES +ON EXERCISE OF DISPOSITION AUTHORITY FOR SEXUAL ASSAULT AND COLLATERAL +OFFENSES. + (a) In General.--The training for sexual assault initial +disposition authorities on the exercise of disposition authority under +chapter 47 of title 10, United States Code (the Uniform Code of +Military Justice), shall include comprehensive training on the exercise +of disposition authority with respect to cases for which disposition +authority is withheld to such authorities pursuant to the memorandum +described in subsection (b) for the purpose of promoting confidence and +trust in the military justice process with respect to such cases. + (b) Memorandum Described.--The memorandum described in this +subsection is the memorandum of the Secretary of Defense titled +``Withholding Initial Disposition Authority Under the Uniform Code of +Military Justice in Certain Sexual Assault Cases'' and dated April 20, +2012, or any successor memorandum. +SEC. 540B. TRAINING FOR COMMANDERS IN THE ARMED FORCES ON THEIR ROLE IN +ALL STAGES OF MILITARY JUSTICE IN CONNECTION WITH SEXUAL ASSAULT. (a) In General.--The training provided commanders in the Armed Forces shall include comprehensive training on the role of commanders in all stages of military justice in connection with sexual assaults by members of the Armed Forces. (b) Elements To Be Covered.--The training provided pursuant to subsection (a) shall include training on the following: - (1) The role of commanders in each stage of the military - justice process in connection with sexual assault committed by - a member of the Armed Forces, including investigation and - prosecution. - (2) The role of commanders in assuring that victims in - sexual assault described in paragraph (1) are informed of, and - have the opportunity to obtain, assistance available for - victims of sexual assault by law. - (3) The role of commanders in assuring that victims in - sexual assault described in paragraph (1) are afforded the due - process rights and protections available to victims by law. - (4) The role of commanders in preventing retaliation - against victims, their family members, witnesses, first - responders, and bystanders for their their complaints, - statements, testimony, and status in connection with sexual - assault described in paragraph (1), including the role of - commanders in ensuring that subordinates in the command are - aware of their responsibilities in preventing such retaliation. - (5) The role of commanders in establishing and maintaining - a healthy command climate in connection with reporting on - sexual assault described in paragraph (1) and in the response - of the commander, subordinates in the command, and other - personnel in the command to such sexual assault, such - reporting, and the military justice process in connection with - such sexual assault. - (6) Any other matters on the role of commanders in - connection with sexual assault described in paragraph (1) that - the Secretary of Defense considers appropriate for purposes of - this section. + (1) The role of commanders in each stage of the military + justice process in connection with sexual assault committed by a + member of the Armed Forces, including investigation and + prosecution. + (2) The role of commanders in assuring that victims of sexual + assault described in paragraph (1) are informed of, and have the + opportunity to obtain, assistance available for victims of sexual + assault by law. + (3) The role of commanders in assuring that victims of sexual + assault described in paragraph (1) are afforded the rights and + protections available to victims by law. + (4) The role of commanders in preventing retaliation against + victims, their family members, witnesses, first responders, and + bystanders for their their complaints, statements, testimony, and + status in connection with sexual assault described in paragraph + (1), including the role of commanders in ensuring that subordinates + in the command are aware of their responsibilities in preventing + such retaliation. + (5) The role of commanders in establishing and maintaining a + healthy command climate in connection with reporting on sexual + assault described in paragraph (1), and in the response of the + commander, subordinates in the command, and other personnel in the + command to such sexual assault, such reporting, and the military + justice process in connection with such sexual assault. + (6) Any other matters on the role of commanders in connection + with sexual assault described in paragraph (1) that the Secretary + of Defense considers appropriate for purposes of this section. (c) Incorporation of Best Practices.-- - (1) In general.--The training provided pursuant to - subsection (a) shall incorporate best practices on all matters - covered by the training. - (2) Identification of best practices.--The Secretaries of - the military departments shall, acting through the training and - doctrine commands of the Armed Forces, undertake from time to - time surveys and other reviews of the matters covered by the - training provided pursuant to subsection (a) in order to - identify and incorporate into such training the most current - practicable best practices on such matters. + (1) In general.--The training provided pursuant to subsection + (a) shall incorporate best practices on all matters covered by the + training. + (2) Identification of best practices.--The Secretaries of the + military departments shall, acting through the training and + doctrine commands of the Armed Forces, undertake from time to time + surveys and other reviews of the matters covered by the training + provided pursuant to subsection (a) in order to identify and + incorporate into such training the most current practicable best + practices on such matters. (d) Uniformity.--The Secretary of Defense shall ensure that the training provided pursuant to subsection (a) is, to the extent practicable, uniform across the Armed Forces. - -SEC. 526. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT OF PENDENCY OF - FURTHER ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION - NOT TO REFER TO TRIAL BY COURT-MARTIAL. - - Under regulations prescribed by the Secretary of Defense, upon a -determination not to refer a case of alleged sexual assault for trial -by court-martial under chapter 47 of title 10, United States Code (the -Uniform Code of Military Justice), the commander making such -determination shall periodically notify the victim of the status of a -final determination on further action on such case, whether non- -judicial punishment under section 815 of such title (article 15 of the -Uniform Code of Military Justice), other administrative action, or no -further action. Such notifications shall continue not less frequently -than monthly until such final determination. - -SEC. 527. SAFE TO REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES. - - (a) In General.--The Secretary of Defense shall, in consultation -with the Secretaries of the military departments and the Secretary of -Homeland Security, prescribe in regulations a safe to report policy -described in subsection (b) that applies with respect to all members of -the Armed Forces (including members of the reserve components of the -Armed Forces) and cadets and midshipmen at the military service -academies. - (b) Safe to Report Policy.--The safe to report policy described in -this subsection is a policy under which a member of the Armed Forces -who is the victim of an alleged sexual assault, but who may have -committed minor collateral misconduct at or about the time of such -alleged sexual assault, or whose minor collateral misconduct is -discovered only as a result of the investigation into such alleged -sexual assault, may report such alleged sexual assault to proper -authorities without fear or receipt of discipline in connection with -such minor collateral misconduct absent aggravating circumstances that -increase the gravity of the minor collateral misconduct or its impact -on good order and discipline. - (c) Minor Collateral Misconduct.--For purposes of the safe to -report policy, minor collateral misconduct shall include any of the -following: - (1) Improper use or possession of alcohol. - (2) Consensual intimate behavior (including adultery) or - fraternization. - (3) Presence in an off-limits area. - (4) Such other misconduct as the Secretary of Defense shall - specify in the regulations under subsection (a). - (d) Aggravating Circumstances.--The regulations under subsection -(a) shall specify aggravating circumstances that increase the gravity -of minor collateral misconduct or its impact on good order and -discipline for purposes of the safe to report policy. - -SEC. 528. REPORT ON EXPANSION OF AIR FORCE SAFE TO REPORT POLICY ACROSS - THE ARMED FORCES. - +SEC. 540C. TIMELY DISPOSITION OF NONPROSECUTABLE SEX-RELATED OFFENSES. + (a) Policy Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall develop and +implement a policy to ensure the timely disposition of nonprosecutable +sex-related offenses. + (b) Nonprosecutable Sex-related Offense Defined.--In this section, +the term ``nonprosecutable sex-related offense'' means an alleged sex- +related offense (as that term is defined in section 1044e(g) of title +10, United States Code) that a court-martial convening authority has +declined to refer for trial by a general or special court-martial under +chapter 47 of title 10, United States Code (the Uniform Code of +Military Justice), due to a determination that there is insufficient +evidence to support prosecution of the sex-related offense. +SEC. 540D. DEPARTMENT OF DEFENSE-WIDE POLICY AND MILITARY DEPARTMENT- +SPECIFIC PROGRAMS ON REINVIGORATION OF THE PREVENTION OF SEXUAL ASSAULT +INVOLVING MEMBERS OF THE ARMED FORCES. + (a) Policy Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall develop and issue +a comprehensive policy for the Department of Defense to reinvigorate +the prevention of sexual assault involving members of the Armed Forces. + (b) Policy Elements.-- + (1) In general.--The policy required by subsection (a) shall + include the following: + (A) Education and training for members of the Armed Forces + on the prevention of sexual assault. + (B) Elements for programs designed to encourage and promote + healthy relationships among members of the Armed Forces. + (C) Elements for programs designed to empower and enhance + the role of non-commissioned officers in the prevention of + sexual assault. + (D) Elements for programs to foster social courage among + members of the Armed Forces to encourage and promote + intervention in situations in order to prevent sexual assault. + (E) Processes and mechanisms designed to address behaviors + among members of the Armed Forces that are included in the + continuum of harm that frequently results in sexual assault. + (F) Elements for programs designed to address alcohol + abuse, including binge drinking, among members of the Armed + Forces. + (G) Such other elements, processes, mechanisms, and other + matters as the Secretary of Defense considers appropriate. + (2) Continuum of harm resulting in sexual assault.--For + purposes of paragraph (1)(E), the continuum of harm that frequently + results in sexual assault includes hazing, sexual harassment, and + related behaviors (including language choices, off-hand statements, + jokes, and unconscious attitudes or biases) that create a + permissive climate for sexual assault. + (c) Programs Required.--Not later than 180 days after the issuance +of the policy required by subsection (a), each Secretary of a military +department shall develop and implement for each Armed Force under the +jurisdiction of such Secretary a program to reinvigorate the prevention +of sexual assaults involving members of the Armed Forces. Each program +shall include the elements, processes, mechanisms, and other matters +developed by the Secretary of Defense pursuant to subsection (a) +tailored to the requirements and circumstances of the Armed Force or +Armed Forces concerned. +SEC. 540E. RECOMMENDATIONS ON SEPARATE PUNITIVE ARTICLE IN THE UNIFORM +CODE OF MILITARY JUSTICE ON SEXUAL HARASSMENT. + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the Committees on Armed +Services of the Senate and the House of Representatives a report +containing such recommendations as the Secretary considers appropriate +with respect to the establishment of a separate punitive article in +chapter 47 of title 10, United States Code (the Uniform Code of +Military Justice), on sexual harassment. +SEC. 540F. REPORT ON MILITARY JUSTICE SYSTEM INVOLVING ALTERNATIVE +AUTHORITY FOR DETERMINING WHETHER TO PREFER OR REFER CHANGES FOR FELONY +OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE. + (a) Report Required.-- + (1) In general.--Not later than 300 days after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + Committees on Armed Services of the Senate and the House of + Representatives a report setting forth the results of a study, + conducted for purposes of the report, on the feasibility and + advisability of an alternative military justice system in which + determinations as to whether to prefer or refer charges for trial + by court-martial for any offense specified in paragraph (2) is made + by a judge advocate in grade O-6 or higher who has significant + experience in criminal litigation and is outside of the chain of + command of the member subject to the charges rather than by a + commanding officer of the member who is in the chain of command of + the member. + (2) Specified offense.--An offense specified in this paragraph + is any offense under chapter 47 of title 10, United States Code + (the Uniform Code of Military Justice), for which the maximum + punishment authorized includes confinement for more than one year. + (b) Elements.--The study required for purposes of the report under +subsection (a) shall address the following: + (1) Relevant procedural, legal, and policy implications and + considerations of the alternative military justice system described + in subsection (a). + (2) An analysis of the following in connection with the + implementation and maintenance of the alternative military justice + system: + (A) Legal personnel requirements. + (B) Changes in force structure. + (C) Amendments to law. + (D) Impacts on the timeliness and efficiency of legal + processes and court-martial adjudications. + (E) Potential legal challenges to the system. + (F) Potential changes in prosecution and conviction rates. + (G) Potential impacts on the preservation of good order and + discipline, including the ability of a commander to carry out + nonjudicial punishment and other administrative actions. + (H) Such other considerations as the Secretary considers + appropriate. + (3) A comparative analysis of the military justice systems of + relevant foreign allies with the current military justice system of + the United States and the alternative military justice system, + including whether or not approaches of the military justice systems + of such allies to determinations described in subsection (a) are + appropriate for the military justice system of the United States. + (4) An assessment of the feasibility and advisability of + conducting a pilot program to assess the feasibility and + advisability of the alternative military justice system, and, if + the pilot program is determined to be feasible and advisable-- + (A) an analysis of potential legal issues in connection + with the pilot program, including potential issues for appeals; + and + (B) recommendations on the following: + (i) The populations to be subject to the pilot program. + (ii) The duration of the pilot program. + (iii) Metrics to measure the effectiveness of the pilot + program. + (iv) The resources to be used to conduct the pilot + program. +SEC. 540G. REPORT ON STANDARDIZATION AMONG THE MILITARY DEPARTMENTS IN +COLLECTION AND PRESENTATION OF INFORMATION ON MATTERS WITHIN THE +MILITARY JUSTICE SYSTEM. + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall, in consultation with the +Secretaries of the military departments, submit to the Committees on +Armed Services of the Senate and the House of Representatives a report +setting forth the following: + (1) A plan for actions to provide for standardization, to the + extent practicable, among the military departments in the + collection and presentation of information on matters within their + military justice systems, including information collected and + maintained for purposes of section 940a of title 10, United States + Code (article 140a of the Uniform Code of Military Justice), and + such other information as the Secretary considers appropriate. + (2) An assessment of the feasibility and advisability of + establishing and maintaining a single, Department of Defense-wide + data management system for the standardized collection and + presentation of information described in paragraph (1). +SEC. 540H. REPORT ON EXPANSION OF AIR FORCE SAFE TO REPORT POLICY +ACROSS THE ARMED FORCES. (a) Report.--Not late than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Secretary of Homeland @@ -5926,277 +10249,236 @@ misconduct at or about such time is discovered only as a result of the investigation into such alleged sexual assault, may report such alleged sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct. - -SEC. 529. PROPOSAL FOR SEPARATE PUNITIVE ARTICLE IN THE UNIFORM CODE OF - MILITARY JUSTICE ON SEXUAL HARASSMENT. - - Not later than 180 days after the date of the enactment of this -Act, the Joint Service Committee on Military Justice shall submit to -the Committees on Armed Services of the Senate and the House of -Representatives a report setting forth recommendations for legislative -and administrative action required to establish a separate punitive -article in chapter 47 of title 10, United States Code (the Uniform Code -of Military Justice), on sexual harassment. - -SEC. 530. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER PROGRAM - FOR CERTAIN PURPOSES. - - (a) Exclusion From FOIA.--Section 552 of title 5, United States -Code (commonly referred to as the ``Freedom of Information Act''), -shall not apply to any report for purposes of the Catch a Serial -Offender (CATCH) Program. - (b) Preservation of Restricted Report.--The transmittal or receipt -in connection with the Catch a Serial Offender Program of a report on a -sexual assault that is treated as a restricted report shall not operate -to terminate its treatment or status as a restricted report. - -SEC. 531. REPORT ON PRESERVATION OF RECOURSE TO RESTRICTED REPORT ON - SEXUAL ASSAULT FOR VICTIMS OF SEXUAL ASSAULT FOLLOWING - CERTAIN VICTIM OR THIRD-PARTY COMMUNICATIONS. - - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to the -Committees on Armed Services of the Senate and the House of -Representatives a report making findings and recommendations on the -feasibility and advisability of a policy for the Department of Defense -that would permit a victim of a sexual assault, that is or may be -investigated as a result of a communication described in subsection -(b), which victim is a member of the Armed Forces or an adult dependent -of a member of the Armed Forces, to have the reporting on the sexual -assault be treated as a restricted report without regard to the party -initiating or receiving such communication. - (b) Communications.--A communication described in this subsection -is a communication reporting a sexual assault as follows: - (1) By the victim to a member of the Armed Forces, whether - a commissioned officer or a noncommissioned officer, in the - chain of command of the victim or the victim's military - sponsor. - (2) By the victim to military law enforcement personnel or - personnel of a military criminal investigative organization - (MCIO). - (3) By any individual other than victim. - (c) Scope of Findings and Recommendations.--The report required by -subsection (a) may include recommendations for new provisions of -statute or regulations, or modification of current statute or -regulations, that may be required to put into effect the findings and -recommendations described in subsection (a). - (d) Consultation.--In preparing the report required by subsection -(a), the Secretary shall consult with the Defense Advisory Committee on -Investigation, Prosecution, and Defense of Sexual Assault in the Armed -Forces (DAC-IPAD) under section 546 of the Carl Levin and Howard P. -``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 -(10 U.S.C. 1561 note). - -SEC. 532. AUTHORITY FOR RETURN OF PERSONAL PROPERTY TO VICTIMS OF - SEXUAL ASSAULT WHO FILE A RESTRICTED REPORT BEFORE - CONCLUSION OF RELATED PROCEEDINGS. - - Section 586 of the National Defense Authorization Act for Fiscal -Year 2012 (10 U.S.C. 1561 note) is amended-- - (1) by redesignating subsection (f) as subsection (e); - (2) in subsection (e), as so redesignated, in the - subsection heading, by inserting ``in Unrestricted Reporting - Cases'' after ``Proceedings''; and - (3) by adding at the end the following new subsection: - ``(f) Return of Personal Property in Restricted Reporting Cases.-- -(1) The Secretary of Defense shall prescribe procedures under which a -victim who files a restricted report on an incident of sexual assault -may request, at any time, the return of any personal property of the -victim obtained as part of the sexual assault forensic examination. - ``(2) The procedures shall ensure that-- - ``(A) a request of a victim under paragraph (1) may be made - on a confidential basis and without affecting the restricted - nature of the restricted report; and - ``(B) at the time of the filing of the restricted report, a - Sexual Assault Response Coordinator or Sexual Assault - Prevention and Response Victim Advocate-- - ``(i) informs the victim that the victim may - request the return of personal property as described in - paragraph (1); and - ``(ii) advises the victim that such a request for - the return of personal property may negatively impact a - subsequent case adjudication, if the victim later - decides to convert the restricted report to an - unrestricted report. - ``(3) Except with respect to personal property returned to a victim -under this subsection, nothing in this subsection shall affect the -requirement to retain a sexual assault forensic examination (SAFE) kit -for the period specified in subsection (c)(4)(A).''. - -SEC. 533. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON INVESTIGATION, - PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED - FORCES. - - Section 546(f)(1) 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 by striking ``five'' and inserting ``ten''. - -SEC. 534. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL - MISCONDUCT. - - (a) Establishment Required.-- - (1) In general.--The Secretary of Defense shall establish - and maintain within the Department of Defense an advisory - committee to be known as the ``Defense Advisory Committee for - the Prevention of Sexual Misconduct'' (in this section referred - to as the ``Advisory Committee''). - (2) Deadline for establishment.--The Secretary shall - establish the Advisory Committee not later than 180 days after - the date of the enactment of this Act. - (b) Membership.-- - (1) In general.--The Advisory Committee shall consist of - not more than 20 members, appointed by the Secretary from among - individuals who have an expertise appropriate for the work of - the Advisory Committee, including at least one individual with - each expertise as follows: - (A) Expertise in the prevention of sexual assault - and behaviors on the sexual assault continuum of harm. - (B) Expertise in the prevention of suicide. - (C) Expertise in the change of culture of large - organizations. - (D) Expertise in implementation science. - (2) Background of individuals.--Individuals appointed to - the Advisory Committee may include individuals with expertise - in sexual assault prevention efforts of institutions of higher - education, public health officials, and such other individuals - as the Secretary considers appropriate. - (3) Prohibition on membership of members of armed forces on - active duty.--A member of the Armed Forces serving on active - duty may not serve as a member of the Advisory Committee. - (c) Duties.-- - (1) In general.--The Advisory Committee shall advise the - Secretary on the following: - (A) The prevention of sexual assault (including - rape, forcible sodomy, other sexual assault, and other - sexual misconduct (including behaviors on the sexual - assault continuum of harm)) involving members of the - Armed Forces. - (B) The policies, programs, and practices of each - military department, each Armed Force, and each - military service academy for the prevention of sexual - assault as described in subparagraph (A). - (2) Basis for provision of advice.--For purposes of - providing advice to the Secretary pursuant to this subsection, - the Advisory Committee shall review, on an ongoing basis, the - following: - (A) Cases involving allegations of sexual assault - described in paragraph (1). - (B) Efforts of institutions of higher education to - prevent sexual assault among students. - (C) Any other information or matters that the - Advisory Committee or the Secretary considers - appropriate. - (3) Coordination of efforts.--In addition to the reviews - required by paragraph (2), for purposes of providing advice to - the Secretary the Advisory Committee shall also consult and - coordinate with the Defense Advisory Committee on - Investigation, Prosecution, and Defense of Sexual Assault in - the Armed Forces (DAC-IPAD) on matters of joint interest to the - two Advisory Committees. - (d) Annual Report.--Not later than March 30 each year, the Advisory -Committee shall submit to the Secretary and the Committees on Armed -Services of the Senate and the House of Representatives a report on the -activities of the Advisory Committee pursuant to this section during -the preceding year. - (e) Sexual Assault Continuum of Harm.--In this section, the term -``sexual assault continuum of harm'' includes-- - (1) inappropriate actions (such as sexist jokes), sexual - harassment, gender discrimination, hazing, cyber bullying, or - other behavior that contributes to a culture that is tolerant - of, or increases risk for, sexual assault; and - (2) maltreatment or ostracism of a victim for a report of - sexual misconduct. - -SEC. 535. INDEPENDENT REVIEWS AND ASSESSMENTS ON RACE AND ETHNICITY IN - THE INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL - ASSAULT IN THE ARMED FORCES. - - (a) Reviews and Assessments by DAC-IPAD.--The independent committee -established by the Secretary of Defense under section 546 of the Carl -Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act -for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3374), commonly -known as the ``DAC-IPAD'', shall conduct each of the following: - (1) A review and assessment, by fiscal year, of the race +SEC. 540I. ASSESSMENT OF RACIAL, ETHNIC, AND GENDER DISPARITIES IN THE +MILITARY JUSTICE SYSTEM. + (a) In General.--The Secretary of Defense shall provide for the +carrying out of the activities described in subsections (b) and (c) in +order to improve the ability of the Department of Defense to detect and +address racial, ethnic, and gender disparities in the military justice +system. + (b) Secretary of Defense and Related Activities.--The activities +described in this subsection are the following, to be commenced or +carried out (as applicable) by not later than 180 days after the date +of the enactment of this Act: + (1) For each court-martial conducted by an Armed Force after + the date of the enactment of this Act, the Secretary of Defense + shall require the head of the Armed Force concerned-- + (A) to record the race, ethnicity, and gender of the victim + and the accused, and such other demographic information about + the victim and the accused as the Secretary considers + appropriate; + (B) to include data based on the information described in + subparagraph (A) in the annual military justice reports of the + Armed Force. + (2) The Secretary of Defense, in consultation with the + Secretaries of the military departments and the Secretary of + Homeland Security, shall issue guidance that-- + (A) establishes criteria to determine when data indicating + possible racial, ethnic, or gender disparities in the military + justice process should be further reviewed; and + (B) describes how such a review should be conducted. + (3) The Secretary of Defense, in consultation with the + Secretaries of the military departments and the Secretary of + Homeland Security, shall-- + (A) conduct an evaluation to identify the causes of any + racial, ethnic, or gender disparities identified in the + military justice system; + (B) take steps to address the causes of any such + disparities, as appropriate. + (c) DAC-IPAD Activities.-- + (1) In general.--The activities described in this subsection + are the following, to be conducted by the independent committee + DAC-IPAD: + (A) A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces accused of a penetrative sexual assault offense or contact sexual assault offense in an unrestricted report made pursuant to Department of Defense Instruction 6495.02, including an unrestricted report involving a spouse or intimate partner, in all cases completed in each fiscal year assessed. - (2) A review and assessment, by fiscal year, of the race + (B) A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces against whom charges were preferred pursuant to Rule for Courts-Martial 307 for a penetrative sexual assault offense or contact sexual assault offense in all cases completed in each fiscal year assessed. - (3) A review and assessment, by fiscal year, of the race + (C) A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces who were convicted of a penetrative sexual assault offense or contact sexual assault offense in all cases completed in each fiscal year assessed. - (b) Information From Federal Agencies.-- - (1) In general.--Upon request by the chair of the + (2) Information from federal agencies.-- + (A) In general.--Upon request by the chair of the committee, a department or agency of the Federal Government - shall provide information that the committees considers + shall provide information that the committee considers necessary to conduct reviews and assessments required by - subsection (a), including military criminal investigation - files, charge sheets, records of trial, and personnel records. - (2) Handling, storage, and return.--The committee shall + paragraph (1), including military criminal investigation files, + charge sheets, records of trial, and personnel records. + (B) Handling, storage, and return.--The committee shall handle and store all records received and reviewed under this - section in accordance with applicable privacy laws and + subsection in accordance with applicable privacy laws and Department of Defense policy, and shall return all records so received in a timely manner. - (c) Report.--Not later than one year after the date of the -enactment of this Act, the committee shall submit to the Secretary of -Defense, and to the Committees on Armed Services of the Senate and the -House of Representatives, a report setting forth the results of the -reviews and assessments required by subsection (a). The report shall -include such recommendations for legislative or administrative action -as the committee considers appropriate in light of such results. - (d) Definitions.--In this section: - (1) The term ``case'' means an unrestricted report of any + (3) Report.--Not later than one year after the date of the + enactment of this Act, the committee shall submit to the Secretary + of Defense, and to the Committees on Armed Services of the Senate + and the House of Representatives, a report setting forth the + results of the reviews and assessments required by paragraph (1). + The report shall include such recommendations for legislative or + administrative action as the committee considers appropriate in + light of such results. + (4) Definitions.--In this subsection: + (A) The term ``independent committee DAC-IPAD'' means the + independent committee established by the Secretary of Defense + under section 546 of the Carl Levin and Howard P. ``Buck'' + McKeon National Defense Authorization Act for Fiscal Year 2015 + (Public Law 113-291; 128 Stat. 3374), commonly known as the + ``DAC-IPAD''. + (B) The term ``case'' means an unrestricted report of any penetrative sexual assault offense or contact sexual assault offense made against a member of the Armed Forces pursuant to Department of Defense Instruction 6495.02, including any unrestricted report involving a spouses or intimate partner for which an investigation has been opened by a criminal investigative organization. - (2) The term ``completed'', with respect to a case, means + (C) The term ``completed'', with respect to a case, means that the case was tried to verdict, dismissed without further action, or dismissed and then resolved by non-judicial or administrative proceedings. - (3) The term ``contact sexual assault offense'' means + (D) The term ``contact sexual assault offense'' means aggravated sexual contact, abusive sexual contact, wrongful sexual contact, and attempts to commit such offenses under the Uniform Code of Military Justice. - (4) The term ``penetrative sexual assault offense'' means + (E) The term ``penetrative sexual assault offense'' means rape, aggravated sexual assault, sexual assault, forcible sodomy, and attempts to commit such offenses under the Uniform Code of Military Justice. - -SEC. 536. REPORT ON MECHANISMS TO ENHANCE THE INTEGRATION AND - SYNCHRONIZATION OF ACTIVITIES OF SPECIAL VICTIM - INVESTIGATION AND PROSECUTION PERSONNEL WITH ACTIVITIES - OF MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS. - - Not later than one year after the date of the enactment of this -Act, the Secretary of Defense shall, in consultation with the -Secretaries of the military departments, submit to the Committees on -Armed Services of the Senate and the House of Representatives a report -setting forth proposals for various mechanisms to enhance the -integration and synchronization of activities of Special Victim -Investigation and Prosecution (SVIP) personnel with activities of -military criminal investigative organizations (MCIOs) in investigations -in which both such personnel are or may be involved. If the proposed -mechanisms require legislative or administration action for -implementation, the report shall set forth such recommendations for -such action as the Secretary of Defense considers appropriate. - -SEC. 537. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON - IMPLEMENTATION BY THE ARMED FORCES OF RECENT STATUTORY - REQUIREMENTS ON SEXUAL ASSAULT PREVENTION AND RESPONSE IN - THE MILITARY. - +SEC. 540J. PILOT PROGRAMS ON DEFENSE INVESTIGATORS IN THE MILITARY +JUSTICE SYSTEM. + (a) In General.--Each Secretary of a military department shall +carry out a pilot program on defense investigators within the military +justice system under the jurisdiction of such Secretary in order to do +the following: + (1) Determine whether the presence of defense investigators + within such military justice system will-- + (A) make such military justice system more effective in + providing an effective defense for the accused; and + (B) make such military justice system more fair and + efficient. + (2) Otherwise assess the feasibility and advisability of + defense investigators as an element of such military justice + system. + (b) Elements.-- + (1) Interview of victim.--A defense investigator may question a + victim under a pilot program only upon a request made through the + Special Victims' Counsel or other counsel if the victim does not + have such counsel. + (2) Uniformity across military justice systems.--The Secretary + of Defense shall ensure that the personnel and activities of + defense investigators under the pilot programs are, to the extent + practicable, uniform across the military justice systems of the + military departments. + (c) Report.-- + (1) In general.--Not later than three years after the date of + the enactment of this Act, the Secretary of Defense shall, in + consultation with the Secretaries of the military departments, + submit to the Committees on Armed Services of the Senate and the + House of Representatives a report on the pilot programs under + subsection (a). + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A description of each pilot program, including the + personnel and activities of defense investigators under such + pilot program. + (B) An assessment of the feasibility and advisability of + establishing and maintaining defense investigators as an + element of the military justice systems of the military + departments. + (C) If the assessment under subparagraph (B) is that the + establishment and maintenance of defense investigators as an + element of the military justice systems of the military + departments is feasible and advisable, such recommendations for + legislative and administrative action as the Secretary of + Defense considers appropriate to establish and maintain defense + investigators as an element of the military justice systems. + (D) Any other matters the Secretary of Defense considers + appropriate. +SEC. 540K. REPORT ON PRESERVATION OF RECOURSE TO RESTRICTED REPORT ON +SEXUAL ASSAULT FOR VICTIMS OF SEXUAL ASSAULT FOLLOWING CERTAIN VICTIM +OR THIRD-PARTY COMMUNICATIONS. + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report making findings and recommendations on the +feasibility and advisability of a policy for the Department of Defense +that would permit a victim of a sexual assault, that is or may be +investigated as a result of a communication described in subsection +(b), which victim is a member of the Armed Forces or an adult dependent +of a member of the Armed Forces, to have the reporting on the sexual +assault be treated as a restricted report without regard to the party +initiating or receiving such communication. + (b) Communications.--A communication described in this subsection +is a communication reporting a sexual assault as follows: + (1) By the victim to a member of the Armed Forces, whether a + commissioned officer or a noncommissioned officer, in the chain of + command of the victim or the victim's military sponsor. + (2) By the victim to military law enforcement personnel or + personnel of a military criminal investigative organization (MCIO). + (3) By any individual other than victim. + (c) Scope of Findings and Recommendations.--The report required by +subsection (a) may include recommendations for new provisions of +statute or regulations, or modification of current statute or +regulations, that may be required to put into effect the findings and +recommendations described in subsection (a). + (d) Consultation.--In preparing the report required by subsection +(a), the Secretary shall consult with the Defense Advisory Committee on +Investigation, Prosecution, and Defense of Sexual Assault in the Armed +Forces (DAC-IPAD) under section 546 of the Carl Levin and Howard P. +``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 +(10 U.S.C. 1561 note). +SEC. 540L. REPORT ON ESTABLISHMENT OF GUARDIAN AD LITEM PROGRAM FOR +CERTAIN MILITARY DEPENDENTS WHO ARE A VICTIM OR WITNESS OF AN OFFENSE +UNDER THE UNIFORM CODE OF MILITARY JUSTICE INVOLVING ABUSE OR +EXPLOITATION. + (a) 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 + Committees on Armed Services of the Senate and the House of + Representatives a report setting forth an assessment of the + feasibility and advisability of establishing a guardian ad litem + program for military dependents described in paragraph (2) who are + a victim or witness of an offense under chapter 47 of title 10, + United States Code (the Uniform Code of Military Justice), that + involves an element of abuse or exploitation in order to protect + the best interests of such dependents in a court-martial of such + offense. + (2) Covered dependents.--The military dependents described in + this paragraph are as follows: + (A) Military dependents under 12 years of age. + (B) Military dependents who lack mental or other capacity. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) An assessment of the feasibility and advisability of + establishing a guardian ad litem program as described in subsection + (a). + (2) If establishment of the guardian ad litem program is + considered feasible and advisable, the following: + (A) A description of administrative requirements in + connection with the program, including the following: + (i) Any memoranda of understanding between the + Department of Defense and State and local authorities + required for purposes of the program. + (ii) The personnel, funding, and other resources + required for purposes of the program. + (B) Best practices for the program (as determined in + consultation with appropriate civilian experts on child + advocacy). + (C) Such recommendations for legislative and administration + action to implement the program as the Secretary considers + appropriate. +SEC. 540M. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON +IMPLEMENTATION BY THE ARMED FORCES OF RECENT STATUTORY REQUIREMENTS ON +SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE MILITARY. (a) Report Required.--The Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, in writing, on a study, conducted by @@ -6209,120 +10491,53 @@ McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232). (b) Elements.--The report required by subsection (a) shall include the following: - (1) A list and citation of each statutory requirement - (whether codified or uncodified) on sexual assault prevention - and response in the military in each national defense - authorization Act specified in paragraph (1), including-- - (A) whether such statutory requirement is still in - force; and - (B) if such statutory requirement is no longer in - force, the date of the repeal or expiration of such - requirement. - (2) For each statutory requirement listed pursuant to - paragraph (1), the following: - (A) An assessment of the extent to which such - requirement was implemented, or is currently being - implemented, as applicable, by each Armed Force to - which such requirement applied or applies. - (B) A description and assessment of the actions - taken by each of the Department of Defense, the - military department concerned, and the Armed Force - concerned to assess and determine the effectiveness of - actions taken pursuant to such requirement in meeting - its intended objective. - (3) Any other matters in connection with the statutory - requirements specified in subsection (a), and the - implementation of such requirements by the Armed Forces, that - the Comptroller General considers appropriate. + (1) A list and citation of each statutory requirement (whether + codified or uncodified) on sexual assault prevention and response + in the military in each national defense authorization Act + specified in paragraph (1), including-- + (A) whether such statutory requirement is still in force; + and + (B) if such statutory requirement is no longer in force, + the date of the repeal or expiration of such requirement. + (2) For each statutory requirement listed pursuant to paragraph + (1), the following: + (A) An assessment of the extent to which such requirement + was implemented, or is currently being implemented, as + applicable, by each Armed Force to which such requirement + applied or applies. + (B) A description and assessment of the actions taken by + each of the Department of Defense, the military department + concerned, and the Armed Force concerned to assess and + determine the effectiveness of actions taken pursuant to such + requirement in meeting its intended objective. + (3) Any other matters in connection with the statutory + requirements specified in subsection (a), and the implementation of + such requirements by the Armed Forces, that the Comptroller General + considers appropriate. (c) Briefings.--Not later than May 1, 2020, the Comptroller General shall provide to the committees referred to in subsection (a) one or more briefings on the status of the study required by subsection (a), including any preliminary findings and recommendations of the Comptroller General as a result of the study as of the date of such briefing. - - PART II--SPECIAL VICTIMS' COUNSEL MATTERS - -SEC. 541. LEGAL ASSISTANCE BY SPECIAL VICTIMS' COUNSEL FOR VICTIMS OF - ALLEGED DOMESTIC VIOLENCE OFFENSES. - - (a) Conditional Expansion of Eligibility to Victims of Alleged -Domestic Violence Offenses.--Subsection (a) of section 1044e of title -10, United States Code, is amended by adding at the end the following -new paragraph: - ``(3) Legal counsel designated as described in paragraph (1) may -also provide legal assistance to any individual described in paragraph -(2)(B) or (2)(C) who is the victim of an alleged domestic violence -offense, and to any civilian individual not otherwise covered by -paragraph (2)(C) who is the victim of an alleged sex-related offense or -alleged domestic violence offense, if the Secretary of the military -department concerned determines (on a case-by-case basis) that -resources are available for the provision of such assistance to such -individual without impairing the capacity to provide assistance under -paragraph (1) to victims of alleged sex-related offenses described in -paragraph (2).''. - (b) Definitions.--Subsection (g) of such section is amended to read -as follows: - ``(g) Definitions.--In this section: - ``(1) The term `alleged covered offense' means any of the - following: - ``(A) An alleged sex-related offense. - ``(B) An alleged domestic violence offense. - ``(2) The term `alleged sex-related offense' means any - allegation of-- - ``(A) a violation of section 920, 920b, 920c, or - 930 of this title (article 120, 120b, 120c, or 130 of - the Uniform Code of Military Justice); or - ``(B) an attempt to commit an offense specified in - a subparagraph (A) as punishable under section 880 of - this title (article 80 of the Uniform Code of Military - Justice). - ``(3) The term `alleged domestic violence offense' means - any allegation of-- - ``(A) a violation of section 928, 928b(1), 928b(5), - or 930 of this title (article 128, 128b(1), 128b(5), or - 130 of the Uniform Code of Military Justice), when - committed against a spouse, intimate partner, or - immediate family member; - ``(B) a violation of any other provision of - subchapter X of chapter 47 of this title (the Uniform - Code of Military Justice), when committed against a - spouse, intimate partner, or immediate family member, - as specified by the Secretary concerned for purposes of - eligibility for legal consultation and assistance by - Special Victims' Counsel under the jurisdiction of such - Secretary under this section; or - ``(C) an attempt to commit an offense specified in - a subparagraph (A) or (B) as punishable under section - 880 of this title (article 80 of the Uniform Code of - Military Justice).''. - (c) Conforming Amendments.--Such section is further amended-- - (1) in subsections (b) and (f), by striking ``alleged sex- - related offense'' each place it appears (other than subsection - (f)(1)) and inserting ``alleged covered offense concerned''; - and - (2) in subsection (f)-- - (A) by striking ``subsection (a)(2)'' each place it - appears and inserting ``paragraph (2) or (3) of - subsection (a)''; and - (B) in paragraph (1), by striking ``an alleged sex- - related offense'' and inserting ``an alleged covered - offense''. - (d) Clerical Amendments.-- - (1) Heading amendment.--The heading of such section is - amended to read as follows: -``Sec. 1044e. Special Victims' Counsel: victims of sex-related - offenses; victims of domestic violence offenses''. - (2) Table of sections.--the table of sections at the - beginning of chapter 53 of such title is amended by striking - the item relating to section 1044e and inserting the following - new item: - -``1044e. Special Victims' Counsel: victims of sex-related offenses; - victims of domestic violence offenses.''. - -SEC. 542. OTHER SPECIAL VICTIMS' COUNSEL MATTERS. - +SEC. 540N. SENSE OF CONGRESS ON THE PORT CHICAGO 50. + It is the sense of Congress that-- + (1) the American people should recognize the role of racial + bias during the era in which the prosecution and convictions of the + Port Chicago 50 took place for mutiny following the deadliest home- + front disaster in World War II, in which 320 were killed on July + 17, 1944, during a munitions explosion; and + (2) in light of the well-documented challenges associated with + uniformed service by African Americans during this era, the + Secretary of the Navy should, as appropriate, recommend executive + action in favor of the 49 remaining Sailors with general court- + martial convictions and the 207 remaining Sailors with summary + court-martial convictions. + + Subtitle E--Other Legal Matters + + SEC. 541. IMPROVEMENT OF CERTAIN SPECIAL VICTIMS' COUNSEL + AUTHORITIES. (a) Enhancement of Legal Consultation and Assistance in Connection With Potential Victim Benefits.--Paragraph (8)(D) of subsection (b) of section 1044e of title 10, United States Code, is amended by striking @@ -6331,112 +10546,46 @@ other''. (b) Expansion of Legal Assistance Authorized to Include Consultation and Assistance for Retaliation.--Subsection (b) of such section is amended further-- - (1) by redesignating paragraph (10) as paragraph (11); and - (2) by inserting after paragraph (9) the following new - paragraph (10): - ``(10) Legal consultation and assistance in connection with - an incident of retaliation, whether such incident occurs - before, during, or after the conclusion of any criminal - proceedings, including-- - ``(A) in understanding the rights and protections - afforded to victims of retaliation; - ``(B) in the filing of complaints; and - ``(C) in any resulting military justice - proceedings.''. - (c) Codification of Duty to Determine Victim's Preference for -Prosecution of Alleged Sex-related Offense by Court-martial or Civilian -Court.-- - (1) In general.--Such section is further amended-- - (A) by redesignating subsections (d) through (h) as - subsections (e) through (i), respectively; and - (B) by inserting after subsection (c) the following - new subsection (d): - ``(d) Duty to Determine Victim's Preference for Prosecution of an -Alleged Sex-related Offense by Court-martial or Civilian Court.--(1) In -providing legal consultation and representation to a victim under this -section in connection with an alleged sex-related offense that occurs -in the United States, a Special Victims' Counsel shall have the duty-- - ``(A) to solicit the victim's preference regarding whether - the offense should be prosecuted by court-martial or in a - civilian court with jurisdiction over the offense; and - ``(B) to make the victim's preference, if offered, known to - appropriate military prosecutors. - ``(2) Any consultation by a Special Victims' Counsel pursuant to -paragraph (1) shall occur in accordance with the process for such -consultation established pursuant to section 534(b) of the Carl Levin -and Howard P. `Buck' McKeon National Defense Authorization Act for -Fiscal Year 2015 (10 U.S.C. 1044e note) or such other process as the -Secretary of Defense shall establish for that purpose.''. - (2) Conforming amendment.--Paragraph (11) of subsection (b) - of such section, as redesignated by subsection (b)(1) of this - section, is amended by striking ``subsection (h)'' and - inserting ``subsection (i)''. - (d) Effective Date.--The amendments made by this section shall take -effect on the date that is 180 days after the date of the enactment of -this Act. - (e) Report on Expansion of Eligibility for SVC Services for Victims -of Alleged Domestic Violence Offenses and Related Matters.-- - (1) In general.--Not later than 120 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the Committees on Armed Services of the Senate and - the House of Representatives a report setting forth a - description and assessment of the manner in which the - Department of Defense would implement amendments to section - 1044e of title 10, United States Code, that would provide for - the following: - (A) An expansion of eligibility for Special - Victims' Counsel services for victims of alleged - domestic violence offenses. - (B) An expansion of eligibility for Special - Victim's Counsel services to any civilians who are the - victim of an alleged sex-related offense or an alleged - domestic violence offense, in cases in which the - Secretary concerned waives the condition in section - 1044(a)(7) of title 10, United States Code, for - purposes of such eligibility. - (2) Elements.--The report required by paragraph (1) shall - include a comprehensive description of the additional personnel - (including the specific number of additional billets), - resources, and training required to implement the amendments - described in that paragraph such that such amendments are fully - implemented by not later than September 30, 2025. - (3) Definitions.--In this subsection: - (A) The term ``alleged sex-related offense'' has - the meaning given that term in section 1044e(g) of - title 10, United States Code. - (B) The term ``alleged domestic violence offense'' - means any allegation of-- - (i) a violation of section 928(b), 928b(1), - 928b(5), or 930 of title 10, United States Code - (article 128(b), 128b(1), 128b(5), or 130 of - the Uniform Code of Military Justice), when - committed against a spouse, intimate partner, - or immediate family member; - (ii) a violation of any other provision of - subchapter X of chapter 47 of such title (the - Uniform Code of Military Justice), when - committed against a spouse, intimate partner, - or immediate family member, if specified by any - Secretary concerned for purposes of eligibility - for legal consultation and assistance by - Special Victims' Counsel under the amendments - described in paragraph (1); and - (iii) an attempt to commit an offense - specified in clause (i) or (ii) as punishable - under section 880 of such title (article 80 of - the Uniform Code of Military Justice). - (C) The term ``Secretary concerned'' has the - meaning given that term in section 101(a)(9) of title - 10, United States Code. - -SEC. 543. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AT MILITARY - INSTALLATIONS. - - (a) Deadline for Availability.--If a Special Victims' Counsel is -not available at a military installation for access by a member of the -Armed Forces who requests access to such a Counsel, such a Counsel -shall be made available at such installation for access by such member -by not later than 72 hours after such request. + (1) by redesignating paragraph (10) as paragraph (11); and + (2) by inserting after paragraph (9) the following new + paragraph (10): + ``(10) Legal consultation and assistance in connection with an + incident of retaliation, whether such incident occurs before, + during, or after the conclusion of any criminal proceedings, + including-- + ``(A) in understanding the rights and protections afforded + to victims of retaliation; + ``(B) in the filing of complaints; and + ``(C) in any resulting military justice proceedings.''. + (c) Staffing Caseload Levels.--Such section is further amended-- + (1) by redesignating subsections (g) and (h) as subsections (h) + and (i), respectively; and + (2) by inserting after subsection (f) the following new + subsection (g): + ``(g) Staffing Caseload Levels.--Commencing not later than four +years after the date of the enactment of the National Defense +Authorization Act for Fiscal Year 2020, each Secretary concerned shall +ensure that the number of Special Victims' Counsel serving in each +military department (and with respect to the Coast Guard) is sufficient +to ensure that the average caseload of a Special Victims' Counsel does +not exceed, to the extent practicable, 25 cases any given time.''. + SEC. 542. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AT MILITARY + INSTALLATIONS. + (a) Deadline for Availability.--Section 1044e(f) of title 10, +United States Code, is amended by adding at the end the following new +paragraph: + ``(4)(A) Subject to subparagraph (B), if a Special Victims' Counsel +is not available at a military installation for access by a member of +the armed forces who requests access to a Special Victims' Counsel, a +Special Victims' Counsel shall be made available at such installation +for access by such member by not later than 72 hours after such +request. + ``(B) If the Secretary concerned determines that, due to exigent +circumstances related to military activities, a Special Victims' +Counsel cannot be made available to a member of the armed forces within +the time period required by subparagraph (A), the Secretary concerned +shall ensure that a Special Victims' Counsel is made available to such +member as soon as is practical under such circumstances.''. (b) Report on Civilian Support of SVCs.--Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of @@ -6445,158 +10594,1145 @@ assessment of such Secretary of the feasibility and advisability of establishing and maintaining for each Special Victims' Counsel under the jurisdiction of such Secretary one or more civilian positions for the purpose of-- - (1) providing support to such Special Victims' Counsel; and - (2) ensuring continuity and the preservation of - institutional knowledge in transitions between the service of - individuals as such Special Victims' Counsel. - -SEC. 544. TRAINING FOR SPECIAL VICTIMS' COUNSEL ON CIVILIAN CRIMINAL - JUSTICE MATTERS IN THE STATES OF THE MILITARY - INSTALLATIONS TO WHICH ASSIGNED. - - (a) Training.--Upon the assignment of a Special Victims' Counsel -(including a Victim Legal Counsel of the Navy) to a military -installation in the United States, such Counsel shall be provided -appropriate training on the law and policies of the State or States in -which such military installation is located with respect to the -criminal justice matters specified in subsection (b). - (b) Criminal Justice Matters.--The criminal justice matters -specified in this subsection, with respect to a State, are the + (1) providing support to such Special Victims' Counsel; and + (2) ensuring continuity and the preservation of institutional + knowledge in transitions between the service of individuals as such + Special Victims' Counsel. + SEC. 543. NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE ORDER TO + CIVILIAN LAW ENFORCEMENT. + (a) Notification of Issuance.--Section 1567a of title 10, United +States Code, is amended-- + (1) in subsection (a), by striking ``and any individual + involved in the order does not reside on a military installation at + any time during the duration of the military protective order, the + commander of the military installation shall notify'' and inserting + ``, the commander of the unit to which the member is assigned + shall, not later than seven days after the date of the issuance of + the order, notify''; + (2) by redesignating subsection (b) as subsection (c); + (3) by inserting after subsection (a) the following new + subsection (b); + ``(b) Notification in Event of Transfer.--In the event that a +member of the armed forces against whom a military protective order is +issued is transferred to another unit-- + ``(1) not later than the date of the transfer, the commander of + the unit from which the member is transferred shall notify the + commander of the unit to which the member is transferred of-- + ``(A) the issuance of the protective order; and + ``(B) the individuals involved in the order; and + ``(2) not later than seven days after receiving the notice + under paragraph (1), the commander of the unit to which the member + is transferred shall provide notice of the order to the appropriate + civilian authorities in accordance with subsection (a).''; and + (4) in subsection (c), as so redesignated, by striking + ``commander of the military installation'' and inserting + ``commander of the unit to which the member is assigned''. + (b) Annual Report Required.--Not later than March 1, 2021, and each +year thereafter through 2025, the Secretary of Defense shall submit to +the congressional defense committees a report that identifies-- + (1) the number of military protective orders issued in the + calendar year preceding the year in which the report is submitted; + and + (2) the number of such orders that were reported to appropriate + civilian authorities in accordance with section 1567a(a) of title + 10, United States Code, in such preceding year. + SEC. 544. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF CERTAIN + ACCREDITED INSTITUTIONS. + Section 105 of title 17, United States Code, is amended-- + (1) by inserting ``(a) In general.--'' before ``Copyright''; + and + (2) by adding at the end the following: + ``(b) Copyright Protection of Certain of Works.--Subject to +subsection (c), the covered author of a covered work owns the copyright +to that covered work. + ``(c) Use by Federal Government.--The Secretary of Defense may +direct the covered author of a covered work to provide the Federal +Government with an irrevocable, royalty-free, world-wide, nonexclusive +license to reproduce, distribute, perform, or display such covered work +for purposes of the United States Government. + ``(c) Definitions.--In this section: + ``(1) The term `covered author' means a civilian member of the + faculty of a covered institution. + ``(2) The term `covered institution' means the following: + ``(A) National Defense University. + ``(B) United States Military Academy. + ``(C) Army War College. + ``(D) United States Army Command and General Staff College. + ``(E) United States Naval Academy. + ``(F) Naval War College. + ``(G) Naval Post Graduate School. + ``(H) Marine Corps University. + ``(I) United States Air Force Academy. + ``(J) Air University. + ``(K) Defense Language Institute. + ``(L) United States Coast Guard Academy. + ``(3) The term `covered work' means a literary work produced by + a covered author in the course of employment at a covered + institution for publication by a scholarly press or journal.''. + SEC. 545. 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)''. + SEC. 546. MILITARY ORDERS REQUIRED FOR TERMINATION OF LEASES + PURSUANT TO THE SERVICEMEMBERS CIVIL RELIEF ACT. + Section 305(i) of the Servicemembers Civil Relief Act (50 U.S.C. +3955) is amended-- + (1) in paragraph (1), by inserting ``(including orders for + separation or retirement)'' after ``official military orders''; and + (2) by adding at the end the following new paragraph: + ``(3) Permanent change of station.--The term `permanent change + of station' includes separation or retirement from military + service.''. + SEC. 547. PRESERVATION OF RIGHT TO BRING CLASS ACTION UNDER + SERVICEMEMBERS CIVIL RELIEF ACT. + (a) In General.--Section 802(a) of the Servicemembers Civil Relief +Act (50 U.S.C. 4042(a)) is amended-- + (1) in paragraph (1), by striking ``and'' at the end; + (2) in paragraph (2), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new paragraph: + ``(3) be a representative party on behalf of members of a class + or be a member of a class, in accordance with the Federal Rules of + Civil Procedure, notwithstanding any previous agreement to the + contrary.''. + (b) Construction.--The amendments made by subsection (a) shall not +be construed to imply that a person aggrieved by a violation of such +Act did not have a right to bring a civil action as a representative +party on behalf of members of a class or be a member of a class in a +civil action before the date of the enactment of this Act. + SEC. 548. LEGAL COUNSEL FOR VICTIMS OF ALLEGED DOMESTIC VIOLENCE + OFFENSES. + (a) In General.--Not later than December 1, 2020, the Secretary of +Defense shall carry out a program to provide legal counsel (referred to +in this section as ``Counsel'') to victims of alleged domestic violence +offenses who are otherwise eligible for military legal assistance under +section 1044 of title 10, United States Code. + (b) Form of Implementation.--The program required under subsection +(a) may be carried out as part of another program of the Department of +Defense or through the establishment of a separate program. + (c) Training and Terms.--The Secretary of Defense shall ensure that +Counsel-- + (1) receive specialized training in legal issues commonly + associated with alleged domestic violence offenses; and + (2) to the extent practicable, serve as Counsel for a period of + not less than 2 years. + (d) Attorney-client Relationship.--The relationship between a +Counsel and a victim in the provision of legal advice and assistance +shall be the relationship between an attorney and client. + (e) Paralegal Support.--The Secretary of Defense shall ensure that +sufficient trained paralegal support is provided to Counsel under the +program. + (f) Report Required.-- + (1) In general.--Not later than 120 days after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + Committees on Armed Services of the Senate and the House of + Representatives a report on the implementation of the program under + subsection (a). + (2) Elements.--The report required under paragraph (1) shall + include the following: + (A) A description and assessment of the manner in which the + Department of Defense will implement the program required under + subsection (a). + (B) An explanation of whether the program will be carried + out as part of another program of the Department or through the + establishment of a separate program. + (C) A comprehensive description of the additional + personnel, resources, and training that will be required to + implement the program, including identification of the specific + number of additional billets that will be needed to staff the + program. + (D) Recommendations for any modifications to law that may + be necessary to effectively and efficiently implement the + program. + (g) Alleged Domestic Violence Offense Defined.--In this section, +the term ``alleged domestic violence offense'' means any allegation +of-- + (1) a violation of section 928(b), 928b(1), 928b(5), or 930 of + title 10, United States Code (article 128(b), 128b(1), 128b(5), or + 130 of the Uniform Code of Military Justice), when committed + against a spouse, intimate partner, or immediate family member; + (2) a violation of any other provision of subchapter X of + chapter 47 of such title (the Uniform Code of Military Justice), + when committed against a spouse, intimate partner, or immediate + family member; or + (3) an attempt to commit an offense specified in paragraph (1) + or (2) as punishable under section 880 of such title (article 80 of + the Uniform Code of Military Justice). + SEC. 549. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT OF PENDENCY + OF FURTHER ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION NOT TO + REFER TO TRIAL BY COURT-MARTIAL. + Under regulations prescribed by the Secretary of Defense, upon a +determination not to refer a case of alleged sexual assault for trial +by court-martial under chapter 47 of title 10, United States Code (the +Uniform Code of Military Justice), the commander making such +determination shall periodically notify the victim of the status of a +final determination on further action on such case, whether non- +judicial punishment under section 815 of such title (article 15 of the +Uniform Code of Military Justice), other administrative action, or no +further action. Such notifications shall continue not less frequently +than monthly until such final determination. + SEC. 550. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER + PROGRAM FOR CERTAIN PURPOSES. + (a) Treatment Under FOIA.--Victim disclosures under the Catch a +Serial Offender Program shall be withheld from public disclosure under +paragraph (b)(3) of section 552 of title 5, United States Code +(commonly referred to as the ``Freedom of Information Act''). + (b) Preservation of Restricted Report.--The transmittal or receipt +in connection with the Catch a Serial Offender Program of a report on a +sexual assault that is treated as a restricted report shall not operate +to terminate its treatment or status as a restricted report. +SEC. 550A. POLICIES AND PROCEDURES ON REGISTRATION AT MILITARY +INSTALLATIONS OF CIVILIAN PROTECTIVE ORDERS APPLICABLE TO MEMBERS OF +THE ARMED FORCES ASSIGNED TO SUCH INSTALLATIONS AND CERTAIN OTHER +INDIVIDUALS. + (a) Policies and Procedures Required.--Not later than one year +after the date of the enactment of this Act, the Secretary of Defense +shall, in consultation with the Secretaries of the military +departments, establish policies and procedures for the registration at +military installations of any civilian protective orders described in +subsection (b), including the duties and responsibilities of commanders +of installations in the registration process. + (b) Civilian Protective Orders.--A civilian protective order +described in this subsection is any civilian protective order as +follows: + (1) A civilian protective order against a member of the Armed + Forces assigned to the installation concerned. + (2) A civilian protective order against a civilian employee + employed at the installation concerned. + (3) A civilian protective order against the civilian spouse or + intimate partner of a member of the Armed Forces on active duty and + assigned to the installation concerned, or of a civilian employee + described in paragraph (2), which order provides for the protection + of such member or employee. + (c) Particular Elements.--The policies and procedures required by +subsection (a) shall include the following: + (1) A requirement for notice between and among the commander, + military law enforcement elements, and military criminal + investigative elements of an installation when a member of the + Armed Forces assigned to such installation, a civilian employee + employed at such installation, a civilian spouse or intimate + partner of a member assigned to such installation, or a civilian + spouse or intimate partner of a civilian employee employed at such + installation becomes subject to a civilian protective order. + (2) A statement of policy that failure to register a civilian + protective order may not be a justification for the lack of + enforcement of such order by military law enforcement and other + applicable personnel who have knowledge of such order. + (d) Letter.--As soon as practicable after establishing the policies +and procedures required by subsection (a), the Secretary shall submit +to the Committees on Armed Services of the Senate and the House of +Representatives a letter that includes the following: + (1) A detailed description of the policies and procedures. + (2) A certification by the Secretary that the policies and + procedures have been implemented on each military installation. +SEC. 550B. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL +MISCONDUCT. + (a) Establishment Required.-- + (1) In general.--The Secretary of Defense shall establish and + maintain within the Department of Defense an advisory committee to + be known as the ``Defense Advisory Committee for the Prevention of + Sexual Misconduct'' (in this section referred to as the ``Advisory + Committee''). + (2) Deadline for establishment.--The Secretary shall establish + the Advisory Committee not later than one year after the date of + the enactment of this Act. + (b) Membership.-- + (1) In general.--The Advisory Committee shall consist of not + more than 20 members, appointed by the Secretary from among + individuals who have an expertise appropriate for the work of the + Advisory Committee, including at least one individual with each + expertise as follows: + (A) Expertise in the prevention of sexual assault and + behaviors on the sexual assault continuum of harm. + (B) Expertise in adverse behaviors, including the + prevention of suicide and the prevention of substance abuse. + (C) Expertise in the change of culture of large + organizations. + (D) Expertise in implementation science. + (2) Background of individuals.--Individuals appointed to the + Advisory Committee may include individuals with expertise in sexual + assault prevention efforts of institutions of higher education, + public health officials, and such other individuals as the + Secretary considers appropriate. + (3) Prohibition on membership of members of armed forces on + active duty.--A member of the Armed Forces serving on active duty + may not serve as a member of the Advisory Committee. + (c) Duties.-- + (1) In general.--The Advisory Committee shall advise the + Secretary on the following: + (A) The prevention of sexual assault (including rape, + forcible sodomy, other sexual assault, and other sexual + misconduct (including behaviors on the sexual assault continuum + of harm)) involving members of the Armed Forces. + (B) The policies, programs, and practices of each military + department, each Armed Force, and each military service academy + for the prevention of sexual assault as described in + subparagraph (A). + (2) Basis for provision of advice.--For purposes of providing + advice to the Secretary pursuant to this subsection, the Advisory + Committee shall review, on an ongoing basis, the following: + (A) Closed cases involving allegations of sexual assault + described in paragraph (1). + (B) Efforts of institutions of higher education to prevent + sexual assault among students. + (C) Any other information or matters that the Advisory + Committee or the Secretary considers appropriate. + (3) Coordination of efforts.--In addition to the reviews + required by paragraph (2), for purposes of providing advice to the + Secretary the Advisory Committee shall also consult and coordinate + with the Defense Advisory Committee on Investigation, Prosecution, + and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) on + matters of joint interest to the two Advisory Committees. + (d) Annual Report.--Not later than March 30 each year, the Advisory +Committee shall submit to the Secretary and the Committees on Armed +Services of the Senate and the House of Representatives a report on the +activities of the Advisory Committee pursuant to this section during +the preceding year. + (e) Sexual Assault Continuum of Harm.--In this section, the term +``sexual assault continuum of harm'' includes-- + (1) inappropriate actions (such as sexist jokes), sexual + harassment, gender discrimination, hazing, cyber bullying, or other + behavior that contributes to a culture that is tolerant of, or + increases risk for, sexual assault; and + (2) maltreatment or ostracism of a victim for a report of + sexual misconduct. + (f) Termination.-- + (1) In general.--Except as provided in paragraph (2), the + Advisory Committee shall terminate on the date that is five years + after the date of the establishment of the Advisory Committee + pursuant to subsection (a). + (2) Continuation.--The Secretary of Defense may continue the + Advisory Committee after the termination date applicable under + paragraph (1) if the Secretary determines that continuation of the + Advisory Committee after that date is advisable and appropriate. If + the Secretary determines to continue the Advisory Committee after + that date, the Secretary shall notify the Committees on the Armed + Services of the Senate and House of Representatives. +SEC. 550C. TRAINING FOR SPECIAL VICTIMS' COUNSEL ON CIVILIAN CRIMINAL +JUSTICE MATTERS IN THE STATES OF THE MILITARY INSTALLATIONS TO WHICH +ASSIGNED. + (a) Training.-- + (1) In general.--Except as provided in subsection (c), upon the + assignment of a Special Victims' Counsel (including a Victim Legal + Counsel of the Navy) to a military installation in the United + States, such Counsel shall be provided appropriate training on the + law and policies of the State or States in which such military + installation is located with respect to the criminal justice + matters specified in paragraph (2). The purpose of the training is + to assist such Counsel in providing victims of alleged sex-related + offenses with information necessary to make an informed decision + regarding preference as to the jurisdiction (whether court-martial + or State court) in which such offenses will be prosecuted. + (2) Criminal justice matters.--The criminal justice matters + specified in this paragraph, with respect to a State, are the + following: + (A) Victim rights. + (B) Prosecution of criminal offenses. + (C) Sentencing for conviction of criminal offenses. + (D) Protective orders. + (b) Alleged Sex-related Offense Defined.--In this section, the term +``alleged sex-related offense'' means any allegation of-- + (1) a violation of section 920, 920b, 920c, or 930 of title 10, + United States Code (article 120, 120b, 120c, or 130 of the Uniform + Code of Military Justice); or + (2) an attempt to commit an offense specified in a paragraph + (1) as punishable under section 880 of title 10, United States Code + (article 80 of the Uniform Code of Military Justice). + (c) Exception.--The requirements of this section do not apply to a +Special Victims' Counsel of the Coast Guard. +SEC. 550D. ENHANCING THE CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE +ORGANIZATIONS TO PREVENT AND COMBAT CHILD SEXUAL EXPLOITATION. + (a) In General.--Beginning not later than 180 days after the date +of the enactment of this Act, the Secretary of Defense shall establish +and carry out an initiative to enhance the capability of military +criminal investigative organizations to prevent and combat child sexual +exploitation. + (b) Activities.--In establishing and carrying out the initiative +under subsection (a), the Secretary of Defense may-- + (1) work with internal and external functional experts to train + the personnel of military criminal investigative organizations + across the Department regarding-- + (A) technologies, tools, and techniques, including digital + forensics, to enhance the investigation of child sexual + exploitation; and + (B) evidence-based forensic interviewing of child victims, + and the referral of child victims for trauma-informed mental + and medical health care, and other treatment and support + services; + (2) to the extent authorized by law, collaborate with Federal, + State, local, and other civilian law enforcement agencies on issues + relating to child sexual exploitation, including by-- + (A) participating in task forces established by such + agencies for the purpose of preventing and combating child + sexual exploitation; + (B) establishing cooperative agreements to facilitate co- + training and collaboration with such agencies; and + (C) ensuring that streamlined processes for the referral of + child sexual exploitation cases to other agencies and + jurisdictions, as appropriate, are fully operational; + (3) as appropriate, assist in educating the military community + on the prevention and response to child sexual exploitation; and + (4) carry out such other activities as the Secretary determines + to be relevant. +SEC. 550E. FEASIBILITY STUDY ON ESTABLISHMENT OF DATABASE OF MILITARY +PROTECTIVE ORDERS. + (a) Study.--The Secretary of Defense shall conduct a study on the +feasibility of establishing a database of military protective orders +issued by military commanders against individuals suspected of having +committed an offense of domestic violence under section 928b of title +10, United States Code (article 128b of the Uniform Code of Military +Justice). The study shall include an examination of each of the following: - (1) Victim rights. - (2) Protective orders. - (3) Prosecution of criminal offenses. - (4) Sentencing for conviction of criminal offenses. - - PART III--BOARDS FOR CORRECTION OF MILITARY RECORDS AND DISCHARGE - REVIEW BOARD MATTERS - -SEC. 546. REPEAL OF 15-YEAR STATUTE OF LIMITATIONS ON MOTIONS OR - REQUESTS FOR REVIEW OF DISCHARGE OR DISMISSAL FROM THE - ARMED FORCES. - - (a) Repeal.--Section 1553(a) of title 10, United States Code, is -amended by striking the second sentence. - (b) Effective Date.--The amendment made by this section shall take -effect on October 1, 2020. - -SEC. 547. REDUCTION IN REQUIRED NUMBER OF MEMBERS OF DISCHARGE REVIEW - BOARDS. - - Section 1553(a) of title 10, United States Code, is amended by -striking ``five'' and inserting ``not fewer than three''. - -SEC. 548. ENHANCEMENT OF PERSONNEL ON BOARDS FOR THE CORRECTION OF - MILITARY RECORDS AND DISCHARGE REVIEW BOARDS. - - (a) Boards for the Correction of Military Records.--Section 1552 of -title 10, United States Code, is amended-- - (1) in subsection (g), by inserting ``, or a social worker - with training on mental health issues connected with post- - traumatic stress disorder or traumatic brain injury or other - trauma,'' after ``psychiatrist''; and - (2) in subsection (h)(2)(A), by inserting ``(including a - social worker with training on mental health issues connected - with post-traumatic stress disorder or traumatic brain injury - or other trauma)'' after ``a civilian health care provider''. - (b) Discharge Review Boards.--Section 1553 of such title is + (1) The feasibility of creating a database to record, track, + and report such military protective orders to the National Instant + Criminal Background Check System. + (2) The feasibility of establishing a process by which a + military judge or magistrate may issue a protective order against + an individual suspected of having committed such an offense. + (3) How the database and process described in paragraphs (1) + and (2), respectively, may differ from analogous civilian databases + and processes, including with regard to due process and other + procedural protections. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on the results of the study +conducted under subsection (a). +SEC. 550F. GAO REVIEW OF USERRA AND SCRA. + (a) Report Required.--Not later than January 31, 2021, the +Comptroller General of the United States shall conduct a review and +submit a report to the Committees on Armed Services of the Senate and +House of Representatives regarding what the Comptroller General +determines are the effects of the common commercial and governmental +practices of including a mandatory arbitration clause in employment and +consumer agreements, on the ability of servicemembers to assert claims +under and secure redress for violations of-- + (1) chapter 43 of title 38, United States Code (commonly + referred to as the ``Uniformed Services Employment and + Reemployments Rights Act of 1994'' and referred to in this section + as ``USERRA''); and + (2) the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq. + (referred to in this section as ``SCRA'')). + (b) Elements.--The report under this section shall include the +following: + (1) Each process by which a servicemember may assert a claim + under USERRA or SCRA, including-- + (A) administrative assistance; + (B) support, and dispute resolution processes provided by + Federal and State agencies; + (C) arbitration; and + (D) litigation. + (2) With regards to each process identified under paragraph + (1), an evaluation of-- + (A) the flexibility the process affords to the + servicemember and other parties to the process; + (B) the burden on the servicemember and other parties to + the process; + (C) the financial cost of the process to the servicemember + and the other parties; + (D) the speed of each process, including the rate at which + each claim pursued under such process is resolved; + (E) the confidentiality of each process; and + (F) the effects of the process. + (3) Based on data regarding the results of past actions to + enforce servicemember rights and benefits under USERRA and SCRA, + including data of the Departments of Defense and Labor regarding + dispute resolution under USERRA and data of the Department of + Justice regarding litigation under SCRA-- + (A) an analysis of the extent to which each of the + processes identified in paragraph (1) has been employed to + address claims under USERRA or SCRA and + (B) the extent to which each such process achieved a final + disposition favorable to the servicemember. + (4) An assessment of general societal trends in the use of + mandatory arbitration clauses in employment and consumer + agreements, including any trend in a specific industry or + employment sector that relies on mandatory arbitration in such + contracts and agreements. + (5) An assessment and explanation of any effect-- + (A) of the use of mandatory arbitration clauses in + employment or consumer agreements on military readiness and + deployability. + (B) of USERRA or SCRA on the willingness of employers to + employ, and consumer service businesses to provide services to + servicemembers and their families. + + Subtitle F--Member Education + + SEC. 551. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED MEMBERS OF THE + ARMED FORCES AS STUDENTS AT LAW SCHOOLS. + (a) In General.--Section 2004 of title 10, United States Code, is amended-- - (1) in subsection (d)(1), by inserting ``, or a social - worker with training on mental health issues connected with - post-traumatic stress disorder or traumatic brain injury or - other trauma,'' after ``psychiatrist'' both places it appears; - and - (2) in subsection (e), by inserting ``a social worker with - training on mental health issues connected with post-traumatic - stress disorder or traumatic brain injury or other trauma,'' - after ``or psychiatrist,''. - -SEC. 549. INCLUSION OF INTIMATE PARTNER VIOLENCE AND SPOUSAL ABUSE - AMONG SUPPORTING RATIONALES FOR CERTAIN CLAIMS FOR - CORRECTIONS OF MILITARY RECORDS AND DISCHARGE REVIEW. - - (a) Correction of Military Records.--Section 1552(h)(1) of title -10, United States Code, is amended by striking ``or military sexual -trauma'' and inserting ``, sexual trauma, intimate partner violence, or -spousal abuse''. - (b) Discharge Review.--Section 1553(d)(3)(B) of such title is -amended by striking ``or military sexual trauma'' and inserting ``, -sexual trauma, intimate partner violence, or spousal abuse''. - -SEC. 550. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN REVIEW BY BOARDS FOR - CORRECTION OF MILITARY RECORDS AND DISCHARGE REVIEW - BOARDS OF CERTAIN CLAIMS. + (1) in subsection (a)-- + (A) by inserting ``and enlisted members'' after + ``commissioned officers''; + (B) by striking ``bachelor of laws or''; and + (C) by inserting ``and enlisted members'' after ``twenty- + five officers''; + (2) in subsection (b)-- + (A) in the matter preceding paragraph (1), by inserting + ``or enlisted member'' after ``officer''; + (B) by striking paragraph (1) and inserting the following + new paragraph (1): + ``(1) either-- + ``(A) have served on active duty for a period of not less + than two years nor more than six years and be an officer in the + pay grade O-3 or below as of the time the training is to begin; + or + ``(B) have served on active duty for a period of not less + than four years nor more than eight years and be an enlisted + member in the pay grade E-5, E-6, or E-7 as of the time the + training is to begin;''; + (C) by redesignating paragraph (2) as paragraph (3); + (D) by inserting after paragraph (1), as amended by + subparagraph (B), the following new paragraph (2): + ``(2) in the case of an enlisted member, meet all requirements + for acceptance of a commission as a commissioned officer in the + armed forces; and''; and + (E) in subparagraph (B) of paragraph (3), as redesignated + by subparagraph (C) of this paragraph, by striking ``or law + specialist''; + (3) in subsection (c)-- + (A) in the first sentence, by inserting ``and enlisted + members'' after ``Officers''; and + (B) in the second sentence, by inserting ``or enlisted + member'' after ``officer'' each place it appears; + (4) in subsection (d), by inserting ``and enlistment members'' + after ``officers''; + (5) in subsection (e), by inserting ``or enlistment member'' + after ``officer''; and + (6) in subsection (f), by inserting ``or enlisted member'' + after ``officer''. + (b) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of such section is amended + to read as follows: +``Sec. 2004. Detail as students at law schools; commissioned officers; + certain enlisted members''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 101 of such title is amended by striking the item + relating to section 2004 and inserting the following new item: - (a) Boards for Correction of Military Records.--Section 1552(g) of -title 10, United States Code, is amended-- - (1) by inserting ``(1)'' after ``(g)''; and - (2) by adding at the end the following new paragraph: - ``(2) If a board established under subsection (a)(1) is reviewing a -claim described in subsection (h), the board shall seek advice and -counsel in the review from a psychiatrist, psychologist, or social -worker with training on mental health issues associated with post- -traumatic stress disorder or traumatic brain injury or other trauma as -specified in the current edition of the Diagnostic and Statistical -Manual of Mental Disorders published by the American Psychiatric -Association. - ``(3) If a board established under subsection (a)(1) is reviewing a -claim in which sexual trauma, intimate partner violence, or spousal -abuse is claimed, the board shall seek advice and counsel in the review -from an expert in trauma specific to sexual assault, intimate partner -violence, or spousal abuse, as applicable.''. - (b) Discharge Review Boards.--Section 1553(d)(1) of such title is -amended-- - (1) by inserting ``(A)'' after ``(1)''; and - (2) by adding at the end the following new subparagraph; - ``(B) In the case of a former member described in paragraph (3)(B) -who claims that the former member's post-traumatic stress disorder or -traumatic brain injury as described in that paragraph in based in whole -or in part on sexual trauma, intimate partner violence, or spousal -abuse, a board established under this section to review the former -member's discharge or dismissal shall seek advice and counsel in the -review from a psychiatrist, psychologist, or social worker with -training on mental health issues associated with post-traumatic stress -disorder or traumatic brain injury or other trauma as specified in the -current edition of the Diagnostic and Statistical Manual of Mental -Disorders published by the American Psychiatric Association.''. - -SEC. 551. TRAINING OF MEMBERS OF BOARDS FOR CORRECTION OF MILITARY - RECORDS AND DISCHARGE REVIEW BOARDS ON SEXUAL TRAUMA, - INTIMATE PARTNER VIOLENCE, SPOUSAL ABUSE, AND RELATED - MATTERS. - - (a) Boards for Correction of Military Records.--The curriculum of -training for members of boards for the correction of military records -under section 534(c) of the National Defense Authorization Act for -Fiscal Year 2017 (10 U.S.C. 1552 note) shall include training on each -of the following: - (1) Sexual trauma. - (2) Intimate partner violence. - (3) Spousal abuse. - (4) The various responses of individuals to trauma. - (b) Discharge Review Boards.-- - (1) In general.--Each Secretary concerned shall develop and - provide training for members of discharge review boards under - section 1553 of title 10, United States Code, that are under - the jurisdiction of such Secretary on each of the following: - (A) Sexual trauma. - (B) Intimate partner violence. - (C) Spousal abuse. - (D) The various responses of individuals to trauma. - (2) Uniformity of training.--The Secretary of Defense and - the Secretary of Homeland Security shall jointly ensure that - the training developed and provided pursuant to this subsection - is, to the extent practicable, uniform. - (3) Secretary concerned defined.--In this subsection, the - term ``Secretary concerned'' has the meaning given that term in - section 101(a)(9) of title 10, United States Code. - -SEC. 552. LIMITATIONS AND REQUIREMENTS IN CONNECTION WITH SEPARATIONS - FOR MEMBERS OF THE ARMED FORCES WHO SUFFER FROM MENTAL - HEALTH CONDITIONS IN CONNECTION WITH A SEX-RELATED, - INTIMATE PARTNER VIOLENCE-RELATED, OR SPOUSAL-ABUSE - OFFENSE. +``2004. Detail as students at law schools; commissioned officers; + certain enlisted members.''. + SEC. 552. INCLUSION OF COAST GUARD IN DEPARTMENT OF DEFENSE + STARBASE PROGRAM. + Section 2193b of title 10, United States Code, is amended-- + (1) in subsection (a), by inserting ``and the Secretary of the + Department in which the Coast Guard is operating'' after ``military + departments''; and + (2) in subsection (f), by striking ``and the Secretaries of the + military departments'' and inserting ``, the Secretaries of the + military departments, and the Secretary of the Department in which + the Coast Guard is operating''. + SEC. 553. DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY ARMAMENT + GRADUATE SCHOOL; LIMITATION ON ESTABLISHMENT OF CERTAIN + EDUCATIONAL INSTITUTIONS. + (a) Degree Granting Authority for United States Army Armament +Graduate School.-- + (1) In general.--Chapter 751 of title 10, United States Code, + is amended by adding at the end the following new section: +``Sec. 7422. Degree granting authority for United States Army Armament + Graduate School + ``(a) Authority.--Under regulations prescribed by the Secretary of +the Army, the Chancellor of the United States Army Armament Graduate +School may, upon the recommendation of the faculty and provost of the +school, confer appropriate degrees upon graduates who meet the degree +requirements. + ``(b) Limitation.--A degree may not be conferred under this section +unless-- + ``(1) the Secretary of Education has recommended approval of + the degree in accordance with the Federal Policy Governing Granting + of Academic Degrees by Federal Agencies; and + ``(2) the United States Army Armament Graduate School is + accredited by the appropriate civilian academic accrediting agency + or organization to award the degree, as determined by the Secretary + of Education. + ``(c) Congressional Notification Requirements.--(1) When seeking to +establish degree granting authority under this section, the Secretary +of Defense shall submit to the Committees on Armed Services of the +Senate and the House of Representatives-- + ``(A) a copy of the self-assessment questionnaire required by + the Federal Policy Governing Granting of Academic Degrees by + Federal Agencies, at the time the assessment is submitted to the + Department of Education's National Advisory Committee on + Institutional Quality and Integrity; and + ``(B) the subsequent recommendations and rationale of the + Secretary of Education regarding the establishment of the degree + granting authority. + ``(2) Upon any modification or redesignation of existing degree +granting authority, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and House of Representatives +a report containing the rationale for the proposed modification or +redesignation and any subsequent recommendation of the Secretary of +Education on the proposed modification or redesignation. + ``(3) The Secretary of Defense shall submit to the Committees on +Armed Services of the Senate and House of Representatives a report +containing an explanation of any action by the appropriate academic +accrediting agency or organization not to accredit the United States +Army Armament Graduate School to award any new or existing degree.''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter is amended by adding at the end the following new + item: + +``7422. Degree granting authority for United States Army Armament + Graduate School.''. + (b) Limitation.-- + (1) In general.--Chapter 101 of title 10, United States Code, + is amended by adding at the end the following new section: +``Sec. 2017. Limitation on establishment of postsecondary educational + institutions pending notice to Congress + ``(a) Limitation.--The Secretary of Defense may not establish a +postsecondary educational institution within the Department of Defense +until a period of one year has elapsed following the date on which the +Secretary notifies the congressional defense committees of the intent +of the Secretary to establish the institution. + ``(b) Postsecondary Educational Institution Defined.--In this +section, the term `postsecondary educational institution' means a +school or other educational institution that is intended to provide +students with a course of instruction that is comparable, in length and +academic rigor, to a course of instruction for which an associate's, +bachelor's, or graduate degree may be awarded.''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter is amended by adding at the end the following new + item: + +``2017. Limitation on establishment of postsecondary educational + institutions pending notice to Congress.''. + + (3) Applicability.--Section 2017 of title 10, United States + Code, as added by paragraph (1), shall apply with respect to + postsecondary educational institutions intended to be established + by the Secretary of Defense on or after the date of the enactment + of this Act. + SEC. 554. PROHIBITION ON OFF-DUTY EMPLOYMENT FOR CADETS AND + MIDSHIPMEN COMPLETING OBLIGATED SERVICE AFTER GRADUATION. + (a) Military Academy.--Section 7448(a)(5)(A) of title 10, United +States Code, is amended by inserting ``or seek or accept approval for +off-duty employment while completing the cadet's commissioned service +obligation'' before ``to obtain employment''. + (b) Naval Academy.--Section 8459(a)(5)(A) of title 10, United +States Code, is amended by inserting ``or seek or accept approval for +off-duty employment while completing the midshipman's commissioned +service obligation'' before ``to obtain employment''. + (c) Air Force Academy.--Section 9448(a)(5)(A) of title 10, United +States Code, is amended by inserting ``or seek or accept approval for +off-duty employment while completing the cadet's commissioned service +obligation'' before ``to obtain employment''. + SEC. 555. CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET OR + MIDSHIPMAN AT A MILITARY SERVICE ACADEMY WHO IS THE VICTIM OF A + SEXUAL ASSAULT OR RELATED OFFENSE. + (a) United States Military Academy.--Section 7461 of title 10, +United States Code, is amended by adding at the end the following new +subsection: + ``(e) Consideration of Request for Transfer of a Cadet Who Is the +Victim of a Sexual Assault or Related Offense.--(1) The Secretary of +the Army shall provide for timely consideration of and action on a +request submitted by a cadet appointed to the United States Military +Academy who is the victim of an alleged sexual assault or other offense +covered by section 920, 920c, or 930 of this title (article 120, 120c, +or 130 of the Uniform Code of Military Justice) for transfer to another +military service academy or to enroll in a Senior Reserve Officers' +Training Corps program affiliated with another institution of higher +education. + ``(2) The Secretary of the Army shall prescribe regulations to +carry out this subsection, within guidelines provided by the Secretary +of Defense that-- + ``(A) provide that the Superintendent of the United States + Military Academy shall ensure that any cadet who has been appointed + to the United States Military Academy and who is a victim of an + alleged sexual assault or other offense referred to in paragraph + (1), is informed of the right to request a transfer pursuant to + this section, and that any formal request submitted by a cadet is + processed as expeditiously as practicable through the chain of + command for review and action by the Superintendent; + ``(B) direct the Superintendent of the United States Military + Academy, in coordination with the Superintendent of the military + service academy to which the cadet requests to transfer-- + ``(i) to take action on a request for transfer under this + subsection not later than 72 hours after receiving the formal + request from the cadet; + ``(ii) to approve such request for transfer unless there + are exceptional circumstances that require denial of the + request; and + ``(iii) upon approval of such request, to take all + necessary and appropriate action to effectuate the transfer of + the cadet to the military service academy concerned as + expeditiously as possible; and + ``(C) direct the Superintendent of the United States Military + Academy, in coordination with the Secretary of the military + department that sponsors the Senior Reserve Officers' Training + Corps program at the institution of higher education to which the + cadet requests to transfer-- + ``(i) to take action on a request for transfer under this + subsection not later than 72 hours after receiving the formal + request from the cadet; + ``(ii) subject to the cadet's acceptance for admission to + the institution of higher education to which the cadet wishes + to transfer, to approve such request for transfer unless there + are exceptional circumstances that require denial of the + application; and + ``(iii) to take all necessary and appropriate action to + effectuate the cadet's enrollment in the institution of higher + education to which the cadet wishes to transfer and to process + the cadet for participation in the relevant Senior Reserve + Officers' Training Corps program as expeditiously as possible. + ``(3) If the Superintendent of the United States Military Academy +denies a request for transfer under this subsection, the cadet may +request review of the denial by the Secretary of the Army, who shall +take action on such request not later than 72 hours after receipt of +the formal request for review. + ``(4) The Secretary concerned shall ensure that all records of any +request, determination, transfer, or other action under this subsection +remain confidential, consistent with applicable law and regulation. + ``(5) A cadet who transfers under this subsection may retain the +cadet's appointment to the United States Military Academy or may be +appointed to the military service academy to which the cadet transfers +without regard to the limitations and requirements set forth in +sections 7442, 8454, and 9442 of this title.''. + (b) United States Naval Academy.--Section 8480 of title 10, United +States Code, is amended by adding at the end the following new +subsection: + ``(e) Consideration of Request for Transfer of a Midshipman Who Is +the Victim of a Sexual Assault or Related Offense.--(1) The Secretary +of the Navy shall provide for timely consideration of and action on a +request submitted by a midshipman appointed to the United States Naval +Academy who is the victim of an alleged sexual assault or other offense +covered by section 920, 920c, or 930 of this title (article 120, 120c, +or 130 of the Uniform Code of Military Justice) for transfer to another +military service academy or to enroll in a Senior Reserve Officers' +Training Corps program affiliated with another institution of higher +education. + ``(2) The Secretary of the Navy shall prescribe regulations to +carry out this subsection, within guidelines provided by the Secretary +of Defense that-- + ``(A) provide that the Superintendent of the United States + Naval Academy shall ensure that any midshipman who has been + appointed to the United States Naval Academy and who is a victim of + an alleged sexual assault or other offense referred to in paragraph + (1), is informed of the right to request a transfer pursuant to + this section, and that any formal request submitted by a midshipman + is processed as expeditiously as practicable through the chain of + command for review and action by the Superintendent; + ``(B) direct the Superintendent of the United States Naval + Academy, in coordination with the Superintendent of the military + service academy to which the midshipman requests to transfer-- + ``(i) to take action on a request for transfer under this + subsection not later than 72 hours after receiving the formal + request from the midshipman; + ``(ii) to approve such request for transfer unless there + are exceptional circumstances that require denial of the + request; and + ``(iii) upon approval of such request, to take all + necessary and appropriate action to effectuate the transfer of + the midshipman to the military service academy concerned as + expeditiously as possible; and + ``(C) direct the Superintendent of the United States Naval + Academy, in coordination with the Secretary of the military + department that sponsors the Senior Reserve Officers' Training + Corps program at the institution of higher education to which the + midshipman requests to transfer-- + ``(i) to take action on a request for transfer under this + subsection not later than 72 hours after receiving the formal + request from the midshipman; + ``(ii) subject to the midshipman's acceptance for admission + to the institution of higher education to which the midshipman + wishes to transfer, to approve such request for transfer unless + there are exceptional circumstances that require denial of the + application; and + ``(iii) to take all necessary and appropriate action to + effectuate the midshipman's enrollment in the institution of + higher education to which the midshipman wishes to transfer and + to process the midshipman for participation in the relevant + Senior Reserve Officers' Training Corps program as + expeditiously as possible. + ``(3) If the Superintendent of the United States Naval Academy +denies a request for transfer under this subsection, the midshipman may +request review of the denial by the Secretary of the Navy, who shall +take action on such request not later than 72 hours after receipt of +the formal request for review. + ``(4) The Secretary concerned shall ensure that all records of any +request, determination, transfer, or other action under this subsection +remain confidential, consistent with applicable law and regulation. + ``(5) A midshipman who transfers under this subsection may retain +the midshipman's appointment to the United States Naval Academy or may +be appointed to the military service academy to which the midshipman +transfers without regard to the limitations and requirements set forth +in sections 7442, 8454, and 9442 of this title.''. + (c) United States Air Force Academy.--Section 9461 of title 10, +United States Code, is amended by adding at the end the following new +subsection: + ``(e) Consideration of Request for Transfer of a Cadet Who Is the +Victim of a Sexual Assault or Related Offense.--(1) The Secretary of +the Air Force shall provide for timely consideration of and action on a +request submitted by a cadet appointed to the United States Air Force +Academy who is the victim of an alleged sexual assault or other offense +covered by section 920, 920c, or 930 of this title (article 120, 120c, +or 130 of the Uniform Code of Military Justice) for transfer to another +military service academy or to enroll in a Senior Reserve Officers' +Training Corps program affiliated with another institution of higher +education. + ``(2) The Secretary of the Air Force shall prescribe regulations to +carry out this subsection, within guidelines provided by the Secretary +of Defense that-- + ``(A) provide that the Superintendent of the United States Air + Force Academy shall ensure that any cadet who has been appointed to + the United States Air Force Academy and who is a victim of an + alleged sexual assault or other offense referred to in paragraph + (1), is informed of the right to request a transfer pursuant to + this section, and that any formal request submitted by a cadet is + processed as expeditiously as practicable through the chain of + command for review and action by the Superintendent; + ``(B) direct the Superintendent of the United States Air Force + Academy, in coordination with the Superintendent of the military + service academy to which the cadet requests to transfer-- + ``(i) to take action on a request for transfer under this + subsection not later than 72 hours after receiving the formal + request from the cadet; + ``(ii) to approve such request for transfer unless there + are exceptional circumstances that require denial of the + request; and + ``(iii) upon approval of such request, to take all + necessary and appropriate action to effectuate the transfer of + the cadet to the military service academy concerned as + expeditiously as possible; and + ``(C) direct the Superintendent of the United States Air Force + Academy, in coordination with the Secretary of the military + department that sponsors the Senior Reserve Officers' Training + Corps program at the institution of higher education to which the + cadet requests to transfer-- + ``(i) to take action on a request for transfer under this + subsection not later than 72 hours after receiving the formal + request from the cadet; + ``(ii) subject to the cadet's acceptance for admission to + the institution of higher education to which the cadet wishes + to transfer, to approve such request for transfer unless there + are exceptional circumstances that require denial of the + application; and + ``(iii) to take all necessary and appropriate action to + effectuate the cadet's enrollment in the institution of higher + education to which the cadet wishes to transfer and to process + the cadet for participation in the relevant Senior Reserve + Officers' Training Corps program as expeditiously as possible. + ``(3) If the Superintendent of the United States Air Force Academy +denies a request for transfer under this subsection, the cadet may +request review of the denial by the Secretary of the Air Force, who +shall take action on such request not later than 72 hours after receipt +of the formal request for review. + ``(4) The Secretary concerned shall ensure that all records of any +request, determination, transfer, or other action under this subsection +remain confidential, consistent with applicable law and regulation. + ``(5) A cadet who transfers under this subsection may retain the +cadet's appointment to the United States Air Force Academy or may be +appointed to the military service academy to which the cadet transfers +without regard to the limitations and requirements set forth in +sections 7442, 8454, and 9442 of this title.''. + SEC. 556. REDESIGNATION OF THE COMMANDANT OF THE UNITED STATES AIR + FORCE INSTITUTE OF TECHNOLOGY AS THE DIRECTOR AND CHANCELLOR OF + SUCH INSTITUTE. + (a) Redesignation.--Section 9414b(a) of title 10, United States +Code, is amended-- + (1) in the subsection heading, by striking ``Commandant'' and + inserting ``Director and Chancellor''; + (2) by striking ``Commandant'' each place it appears and + inserting ``Director and Chancellor''; and + (3) in the heading of paragraph (3), by striking ``Commandant'' + and inserting ``Director and Chancellor''. + (b) Conforming Amendments.--Section 9414(f) of such title is +amended by striking ``Commandant'' both places it appears and inserting +``Director and Chancellor''. + (c) References.--Any reference in any law, regulation, map, +document, paper, or other record of the United States to the Commandant +of the United States Air Force Institute of Technology shall be deemed +to be a reference to the Director and Chancellor of the United States +Air Force Institute of Technology. + SEC. 557. ELIGIBILITY OF ADDITIONAL ENLISTED MEMBERS FOR ASSOCIATE + DEGREE PROGRAMS OF THE COMMUNITY COLLEGE OF THE AIR FORCE. + Section 9415(b) of title 10, United States Code, is amended by +adding at the end the following new paragraph: + ``(3) Enlisted members of the armed forces other than the Air + Force who are participating in Community College of the Air Force + affiliated joint-service training and education courses.''. + SEC. 558. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN. + (a) Testing.--The Superintendent of a military service academy +shall provide testing for speech disorders to incoming cadets or +midshipmen under the jurisdiction of that Superintendent. + (b) No Effect on Admission.--The testing under subsection (a) may +not have any effect on admission to a military service academy. + (c) Results.--The Superintendent shall provide each cadet or +midshipman under the jurisdiction of that Superintendent the result of +the testing under subsection (a) and a list of warfare unrestricted +line officer positions and occupation specialities that require +successful performance on the speech test. + (d) Therapy.--The Superintendent shall furnish speech therapy to a +cadet or midshipman under the jurisdiction of that Superintendent at +the election of the cadet or midshipman. + (e) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretaries of the military departments +shall submit to the Committees on Armed Services of the Senate and the +House of Representatives a joint report that includes the following: + (1) The number of cadets or midshipmen with an identified + speech disorder in each military service academy. + (2) A list of the health care and administrative resources + related to speech disorders available to cadets and midshipmen + described in paragraph (1). + (3) A list of positions and specialties described in subsection + (c) pursued by the cadets and midshipmen described in paragraph (1) + at the time of graduation. + SEC. 559. REQUIREMENT TO CONTINUE PROVISION OF TUITION ASSISTANCE + FOR MEMBERS OF THE ARMED FORCES. + The Secretary of each military department shall carry out tuition +assistance programs for members of an Armed Force under the +jurisdiction of that Secretary during fiscal year 2020 using an amount +not less than the sum of any amounts appropriated for tuition +assistance for members of that Armed Force for fiscal year 2020. + SEC. 560. INFORMATION ON INSTITUTIONS OF HIGHER EDUCATION + PARTICIPATING IN THE DEPARTMENT OF DEFENSE TUITION ASSISTANCE + PROGRAM. + (a) List of Participating Institutions.--The Secretary of Defense +shall make available, on a publicly accessible website of the +Department of Defense, a list that identifies-- + (1) each institution of higher education that receives funds + under the Department of Defense Tuition Assistance Program; and + (2) the amount of such funds received by the institution. + (b) Annual Updates.--The Secretary of Defense shall update the list +described in subsection (a) not less frequently than once annually. +SEC. 560A. INCLUSION OF INFORMATION ON FREE CREDIT MONITORING IN ANNUAL +FINANCIAL LITERACY BRIEFING. + The Secretary of each military department shall ensure that the +annual financial literacy education briefing provided to members of the +Armed Forces includes information on the availability of free credit +monitoring services pursuant to section 605A(k) of the Fair Credit +Reporting Act (15 U.S.C. 1681c-1(k)). +SEC. 560B. PROGRAMS TO FACILITATE THE AWARD OF PRIVATE PILOT'S +CERTIFICATES. + (a) Programs Authorized.--Each Secretary of a military department +may carry out a program under which qualified participants may obtain a +private pilot's certificate through an institution of higher education +with an accredited aviation program that is approved by such Secretary +pursuant to subsection (c). + (b) Participant Qualifications and Types of Assistance.-- + (1) In general.--In carrying out a program under subsection + (a), the Secretary of a military department shall prescribe-- + (A) the standards to be met for participation in the + program; and + (B) the types of assistance, if any, to be provided to + individuals who participate in the program. + (2) Uniformity across military departments.--To the extent + practicable, the standards and types of assistance prescribed under + paragraph (1) shall be uniform across the military departments. + (c) Approved Institutions of Higher Education.-- + (1) In general.--In carrying out a program under subsection + (a), the Secretary of a military department shall maintain a list + of institutions of higher education (as that term is defined in + section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) + through which an individual participating in the program may obtain + a private pilot's certificate. + (2) Qualifications and standards.--Any institution of higher + education included on a list under paragraph (1), and any course of + instruction toward obtaining a private pilot's certificate offered + by such institution, shall meet such qualifications and standards + as the Secretary shall prescribe for purposes of the program. Such + qualifications and standards shall include a requirement that any + institution included on the list award, to individual participating + in the program, academic credit at such institution for any portion + of course work completed on the ground school course of instruction + of such institution in connection with obtaining a private pilot's + certificate, regardless of whether the participant fully completed + the ground school course of instruction. + (d) Annual Reports on Programs.-- + (1) In general.--Not later than February 28, 2021, and each + year thereafter, each Secretary of a military department shall + submit to Congress a report on the program, if any, carried out by + such Secretary under subsection (a) during the preceding calendar + year. + (2) Elements.--Each report under paragraph (1) shall include, + for the program and year covered by such report, the following: + (A) The total number of participants in the program. + (B) The number of private pilot's certificates awarded to + participants in the program. + (C) The number of participants in the program who fully + completed a ground school course of instruction in connection + with obtaining a private pilot's certificate. + + Subtitle G--Member Training and Transition + + SEC. 561. REQUIREMENT TO PROVIDE INFORMATION REGARDING BENEFITS + CLAIMS TO MEMBERS DURING TAP COUNSELING. + Section 1142(b) of title 10, United States Code, is amended by +adding at the end the following new paragraph: + ``(19) Information regarding how to file claims for benefits + available to the member under laws administered by the Secretaries + of Defense and Veterans Affairs.''. + SEC. 562. 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.''. + SEC. 563. FIRST MODIFICATION OF ELEMENTS OF REPORT ON THE IMPROVED + TRANSITION ASSISTANCE PROGRAM. + Section 552(b)(4) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended +by adding at the end the following: + ``(E) The evaluation of the Secretary regarding the + effectiveness of the Transition Assistance Program for all + members of the Armed Forces. + ``(F) The evaluation of the Secretary regarding the + effectiveness of the Transition Assistance Program specifically + for female members of the Armed Forces.''. + SEC. 564. SECOND MODIFICATION OF ELEMENTS OF REPORT ON THE IMPROVED + TRANSITION ASSISTANCE PROGRAM. + Section 552(b)(4) of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), as amended +by section 563 of this Act, is further amended-- + (1) by redesignating subparagraphs (A) through (F) as + subparagraphs (B) through (G), respectively; + (2) by inserting before subparagraph (B), as redesignated by + paragraph (1), the following new subparagraph (A): + ``(A) The total number of members eligible to attend + Transition Assistance Program counseling.''; and + (3) by adding at the end the following new subparagraphs: + ``(H) The number of members who participated in programs + under section 1143(e) of title 10, United States Code (commonly + referred to as `Job Training, Employment Skills, + Apprenticeships and Internships (JTEST-AI)' or `Skill Bridge'). + ``(I) Such other information as is required to provide + Congress with a comprehensive description of the participation + of the members in the Transition Assistance Program and + programs described in subparagraph (H).''. + SEC. 565. PROHIBITION ON GENDER-SEGREGATED TRAINING AT MARINE CORPS + RECRUIT DEPOTS. + (a) Parris Island.-- + (1) Prohibition.--Subject to paragraph (2), training at the + Marine Corps Recruit Depot, Parris Island, South Carolina, may not + be segregated based on gender. + (2) Deadline.--The Commandant of the Marine Corps shall carry + out this subsection not later than five years after the date of the + enactment of this Act. + (b) San Diego.-- + (1) Prohibition.--Subject to paragraph (2), training at the + Marine Corps Recruit Depot, San Diego, California, may not be + segregated based on gender. + (2) Deadline.--The Commandant of the Marine Corps shall carry + out this subsection not later than eight years after the date of + the enactment of this Act. + SEC. 566. ASSESSMENT OF DEATHS OF RECRUITS UNDER THE JURISDICTION + OF THE SECRETARIES OF THE MILITARY DEPARTMENTS. + (a) Assessment.--The Inspector General of the Department of Defense +shall conduct an assessment of the deaths of recruits at facilities +under the jurisdiction of the Secretaries of the military departments, +and the effectiveness of the current medical protocols on the training +bases. + (b) Report.--Not later than September 30, 2020, the Inspector +General shall submit to the Committees on Armed Services of the Senate +and the House of Representative a report containing the results of the +assessment conducted under subsection (a). The report shall include the +following: + (1) The number of recruits who died during basic training in + the five years preceding the date of the report. + (2) The causes of deaths described in paragraph (1). + (3) The types of medical treatment that was provided to + recruits described in paragraph (1). + (4) Whether any of the deaths identified under paragraph (1) + were found to be a result of medical negligence. + (5) A description of medical capabilities and personnel + available to the recruits at each facility. + (6) A description of medical resources accessible to the + recruits at the company level at each facility. + (7) A description of 24-hour medical resources available to + recruits at each facility. + (8) An evaluation of the guidelines and resources in place to + monitor sick recruits. + (9) An evaluation of how supervisors evaluate and determine + whether a sick recruit should continue training or further seek + medical assistance. + (10) An evaluation of how the Secretaries of the military + departments can increase visibility of the comprehensive medical + status of a sick recruit to instructors and supervisors in order to + provide better situational awareness of the such medical status. + (11) An evaluation of how to improve medical care for recruits. + SEC. 567. REVIEW OF DEPARTMENT OF DEFENSE TRAINING PROGRAMS + REGARDING DISINFORMATION CAMPAIGNS. + (a) Review.--Not later than 120 days after the enactment of this +Act, the Secretary of Defense shall conduct a review of existing +programs, tools, and resources of the Department of Defense for +training members of the Armed Forces and employees of the Department +regarding the threat of disinformation campaigns specifically targeted +at such individuals and the families of such individuals. + (b) Report Required.--Not later than 270 days after the enactment +of this Act, the Secretary of Defense shall submit a report to the +congressional defense committees regarding the programs, tools, and +resources identified under subsection (a). + SEC. 568. COMMAND MATTERS IN CONNECTION WITH TRANSITION ASSISTANCE + PROGRAMS. + The training provided a commander of a military installation in +connection with the commencement of assignment to the installation +shall include a module on the covered transition assistance programs +available for members of the Armed Forces assigned to the installation. + SEC. 569. MACHINE READABILITY AND ELECTRONIC TRANSFERABILITY OF + CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM + 214). + (a) Modification Required.--The Secretary of Defense shall modify +the Certificate of Release or Discharge from Active Duty (DD Form 214) +to-- + (1) be machine readable and electronically transferable; and + (2) include a specific block explicitly identified as the + location in which a member of the Armed Forces may provide one or + more email addresses by which the member may be contacted after + discharge or release from active duty. + (b) Deadline for Modification.--The Secretary of Defense shall +release a revised Certificate of Release or Discharge from Active Duty +(DD Form 214), modified pursuant to subsection (a), not later than four +years after the date of the enactment of this Act. + (c) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit a report +to Congress regarding the following: + (1) What systems of the Department of Defense require an + individual to manually enter information from DD Form 214. + (2) What activities of the Department of Defense require a + veteran or former member of the Armed Forces to provide a physical + copy of DD Form 214. + (3) The order of priority for modernizing items identified + under paragraphs (1) and (2) as determined by the Secretary. + (4) The estimated cost, as determined by the Secretary, to + automate items identified under paragraphs (1) and (2). + SEC. 570. RECORDS OF SERVICE FOR RESERVES. + (a) Establishment.--Not later than September 30, 2020, the +Secretary of Defense shall establish and implement a standard record of +service for members of the reserve components of the Armed Forces, +similar to DD Form 214, that summarizes the record of service of each +such member, including dates of active duty service. + (b) Coordination.--In carrying out this section, the Secretary of +Defense shall coordinate with the Secretary of Veterans Affairs to +ensure that the record established under this section is acceptable as +proof of service for former members of the reserve components of the +Armed Forces who are eligible for benefits under laws administered by +the Secretary of Veterans Affairs to receive such benefits. +SEC. 570A. LIMITATIONS AND REQUIREMENTS IN CONNECTION WITH SEPARATIONS +FOR MEMBERS OF THE ARMED FORCES WHO SUFFER FROM MENTAL HEALTH +CONDITIONS IN CONNECTION WITH A SEX-RELATED, INTIMATE PARTNER VIOLENCE- +RELATED, OR SPOUSAL-ABUSE OFFENSE. (a) Confirmation of Diagnosis of Condition Required Before Separation.--Before a member of the Armed Forces who was the victim of a sex-related offense, an intimate partner violence-related offense, or @@ -6606,612 +11742,211 @@ and who has a mental health condition not amounting to a physical disability, is separated, discharged, or released from the Armed Forces based solely on such condition, the diagnosis of such condition must be-- - (1) corroborated by a competent mental health care - professional at the peer level or a higher level of the health - care professional making the diagnosis; and - (2) endorsed by the Surgeon General of the military - department concerned. + (1) corroborated by a competent mental health care professional + at the peer level or a higher level of the health care professional + making the diagnosis; and + (2) endorsed by the Surgeon General of the military department + concerned. (b) Narrative Reason for Separation if Mental Health Condition -Present.--If the narrative reason for discharge, separation, or release +Present.--If the narrative reason for separation, discharge, or release from the Armed Forces of a member of the Armed Forces is a mental health condition that is not a disability, the appropriate narrative -reason for the discharge, separation, or release shall be condition, +reason for the separation, discharge, or release shall be a condition, not a disability, or Secretarial authority. - (c) Definition.--In this section: - (1) The term ``intimate partner violence-related offense'' - means the following: - (A) An offense under section 928 or 930 of title - 10, United States Code (article 128 or 130 of the - Uniform Code of Military Justice). - (B) An offense under State law for conduct - identical or substantially similar to an offense - described in subparagraph (A). - (2) The term ``sex-related offense'' means the following: - (A) An offense under section 920 or 920b of title - 10, United States Code (article 120 or 120b of the - Uniform Code of Military Justice). - (B) An offense under State law for conduct - identical or substantially similar to an offense - described in subparagraph (A). - (3) The term ``spousal-abuse offense'' means the following: - (A) An offense under section 928 of title 10, - United States Code (article 128 of the Uniform Code of - Military Justice). - (B) An offense under State law for conduct - identical or substantially similar to an offense - described in subparagraph (A). + (c) Definitions.--In this section: + (1) The term ``intimate partner violence-related offense'' + means the following: + (A) An offense under section 928 or 930 of title 10, United + States Code (article 128 or 130 of the Uniform Code of Military + Justice). + (B) An offense under State law for conduct identical or + substantially similar to an offense described in subparagraph + (A). + (2) The term ``sex-related offense'' means the following: + (A) An offense under section 920 or 920b of title 10, + United States Code (article 120 or 120b of the Uniform Code of + Military Justice). + (B) An offense under State law for conduct identical or + substantially similar to an offense described in subparagraph + (A). + (3) The term ``spousal-abuse offense'' means the following: + (A) An offense under section 928 of title 10, United States + Code (article 128 of the Uniform Code of Military Justice). + (B) An offense under State law for conduct identical or + substantially similar to an offense described in subparagraph + (A). (d) Effective Date.--This section shall take effect 180 days after the date of the enactment of this Act, and shall apply with respect to separations, discharges, and releases from the Armed Forces that occur on or after that effective date. - -SEC. 553. LIBERAL CONSIDERATION OF EVIDENCE IN CERTAIN CLAIMS BY BOARDS - FOR THE CORRECTION OF MILITARY RECORDS AND DISCHARGE - REVIEW BOARDS. - - (a) Boards for the Correction of Military Records.-- - (1) In general.--Section 1552(h) of title 10, United States - Code, is amended-- - (A) by striking paragraph (1); - (B) by striking ``(2) In the case of a claimant - described in paragraph (1), a board'' and inserting ``A - board''; - (C) by redesignating subparagraphs (A) and (B) as - paragraphs (1) and (2), respectively; - (D) in paragraph (1), as redesignated by - subparagraph (C), by inserting ``all evidence presented - by the claimant, including lay evidence and information - and'' after ``review''; and - (E) by striking paragraph (2), as so redesignated, - and inserting the following new paragraph (2): - ``(2) if a claim alleges error or injustice in the - claimant's discharge or dismissal, or the characterization of - such discharge or dismissal, review such claim with liberal - consideration of all evidence and information submitted by, or - pertaining to, the claimant.''. - (2) Effective date.--The amendments made by paragraph (1) - shall take effect on the date of the enactment of this Act, and - shall apply with respect to claims submitted to boards for the - correction of military records under section 1552 of title 10, - United States Code, on or after that date. - (b) Discharge Review Boards.-- - (1) In general.--Section 1553 of title 10, United States - Code, is amended-- - (A) in subsection (c)-- - (i) by inserting ``(1)'' after ``(c)''; and - (ii) by adding at the end the following new - paragraph: - ``(2) A board established under this section shall-- - ``(A) review all evidence and information provided by the - former member, including lay evidence and information and - medical evidence of the Secretary of Veterans Affairs or a - civilian health care provider that is provided by the former - member; and - ``(B) review the claim with liberal consideration of all - evidence and information submitted by, or pertaining to, the - former member.''; and - (B) in subsection (d), by striking paragraph (3). - (2) Effective date.--The amendments made by paragraph (1) - shall take effect on the date of the enactment of this Act, and - shall apply with respect to motions or requests for review - submitted to discharge review boards under section 1553 of - title 10, United States Code, on or after that date. - - PART IV--OTHER MILITARY JUSTICE MATTERS - -SEC. 555. EXPANSION OF PRE-REFERRAL MATTERS REVIEWABLE BY MILITARY - JUDGES AND MILITARY MAGISTRATES IN THE INTEREST OF - EFFICIENCY IN MILITARY JUSTICE. - - (a) In General.--Subsection (a) of section 830a of title 10, United -States Code (article 30a of the Uniform Code of Military Justice), is -amended by striking paragraphs (1) and (2) and inserting the following -new paragraphs: - ``(1) The President shall prescribe regulations for matters -relating to proceedings conducted before referral of charges and -specifications to court-martial for trial, including the following: - ``(A) Pre-referral investigative subpoenas. - ``(B) Pre-referral warrants or orders for electronic - communications. - ``(C) Pre-referral matters referred by an appellate court. - ``(D) Pre-referral matters under subsection (c) or (e) of - section 806b of this title (article 6b). - ``(E) Pre-referral matters relating to the following: - ``(i) Pre-trial confinement of an accused. - ``(ii) The mental capacity or responsibility of an - accused. - ``(iii) A request for an individual military - counsel. - ``(2) In addition to the matters specified in paragraph (1), the -regulations prescribed under that paragraph shall-- - ``(A) set forth the matters that a military judge may rule - upon in such proceedings; - ``(B) include procedures for the review of such rulings; - ``(C) include appropriate limitations to ensure that - proceedings under this section extend only to matters that - would be subject to consideration by a military judge in a - general or special court-martial; - ``(D) provide such limitations on the relief that may be - ordered under this section as the President considers - appropriate; and - ``(E) provide for treatment of such other pre-referral - matters as the President may prescribe.''. - (b) Conforming and Clerical Amendments.-- - (1) Heading amendment.--The heading of such section is - amended to read as follows: -``Sec. 830a. Art 30a. Proceedings conducted before referral''. - (2) Clerical amendment.--The table of sections at the - beginning of subchapter VI of chapter 47 of title 10, United - States Code (the Uniform Code of Military Justice), is amended - by striking the item relating to section 830a (article 30a) and - inserting the following new item: - -``830a. 30a. Proceedings conducted before referral.''. - -SEC. 556. POLICIES AND PROCEDURES ON REGISTRATION AT MILITARY - INSTALLATIONS OF CIVILIAN PROTECTIVE ORDERS APPLICABLE TO - MEMBERS OF THE ARMED FORCES ASSIGNED TO SUCH - INSTALLATIONS AND CERTAIN OTHER INDIVIDUALS. - - (a) Policies and Procedures Required.--Not later than one year -after the date of the enactment of this Act, the Secretary of Defense -shall, in consultation with the Secretaries of the military -departments, establish policies and procedures for the registration at -military installations of any civilian protective orders described in -subsection (b), including the duties and responsibilities of commanders -of installations in the registration process. - (b) Civilian Protective Orders.--A civilian protective order -described in this subsection is any civilian protective order as -follows: - (1) A civilian protective order against a member of the - Armed Forces assigned to the installation concerned. - (2) A civilian protective order against a civilian employee - employed at the installation concerned. - (3) A civilian protective order against the civilian spouse - or intimate partner of a member of the Armed Forces on active - duty and assigned to the installation concerned, or of a - civilian employee described in paragraph (2), which order - provides for the protection of such member or employee. - (c) Particular Elements.--The policies and procedures required by -subsection (a) shall include the following: - (1) A requirement for notice between and among the - commander, military law enforcement elements, and military - criminal investigative elements of an installation when a - member of the Armed Forces assigned to such installation, a - civilian employee employed at such installation, a civilian - spouse or intimate partner of a member assigned to such - installation, or a civilian spouse or intimate partner of a - civilian employee employed at such installation becomes subject - to a civilian protective order. - (2) A statement of policy that failure to register a - civilian protective order may not be a justification for the - lack of enforcement of such order by military law enforcement - and other applicable personnel who have knowledge of such - order. - (d) Letter.--As soon as practicable after establishing the policies -and procedures required by subsection (a), the Secretary shall submit -to the Committees on Armed Services of the Senate and the House of -Representatives a letter that includes the following: - (1) A detailed description of the policies and procedures. - (2) A certification by the Secretary that the policies and - procedures have been implemented on each military installation. - -SEC. 557. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS FOR THE - MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS. - - (a) In General.--Each Secretary of a military department shall take -appropriate actions to increase the number of digital forensic -examiners in each military criminal investigative organization (MCIO) -under the jurisdiction of such Secretary by not fewer than 10 from the -authorized number of such examiners for such organization as of -September 30, 2019. - (b) Military Criminal Investigative Organizations.--For purposes of -this section, the military criminal investigative organizations are the -following: - (1) The Army Criminal Investigation Command. - (2) The Naval Criminal Investigative Service. - (3) The Air Force Office of Special Investigations. - (4) The Marine Corps Criminal Investigation Division. - (c) Funding.--Funds for additional digital forensic examiners as -required by subsection (a) for fiscal year 2020, including for -compensation, initial training, and equipment, shall be derived from -amounts authorized to be appropriated for that fiscal year for the -Armed Force concerned for operation and maintenance. - -SEC. 558. SURVEY OF MEMBERS OF THE ARMED FORCES ON THEIR EXPERIENCES - WITH MILITARY INVESTIGATIONS AND MILITARY JUSTICE. - - (a) In General.--Chapter 23 of title 10, United States Code, is -amended by inserting after section 481a the following new section: -``Sec. 481b. Military investigation and justice experiences: survey of - members of the armed forces - ``(a) Surveys Required.--(1) The Secretary of Defense shall conduct -from time to time a survey on the experiences of members of the armed -forces with military investigations and military justice in accordance -with this section and guidance issued by the Secretary for purposes of -this section. - ``(2) The survey under this section shall be known as the `Military -Investigation and Justice Experience Survey'. - ``(b) Matters Covered by Survey.--The guidance issued by the -Secretary under this section on the survey shall include specification -of the following: - ``(1) The individuals to be surveyed, including any member - of the armed forces serving on active duty who is a victim of - an alleged sex-related offense and who made an unrestricted - report of that offense. - ``(2) The matters to be covered in the survey, including-- - ``(A) the experience of the individuals surveyed - with the military criminal investigative organization - that investigated the alleged offense, and with the - Special Victims' Counsel in the case of a member who - was the victim of an alleged sex-related offense; and - ``(B) if the individual's report resulted in a - charge or charges that were referred to a court- - martial, the experience of the individual with the - prosecutor and the court-martial in general. - ``(3) The timing of the administration of the survey, - including when the investigation or case is closed or otherwise - complete. - ``(c) Frequency of Survey.--The survey required by this section -shall be conducted at least once every four years, but not more -frequently than once every two years. - ``(d) Definitions.--In this section: - ``(1) Alleged sex-related offense.--The term `alleged sex- - related offense' has the meaning provided in section 1044e(g) - of this title. - ``(2) Unrestricted report.--The term `unrestricted report' - means a report that is not a restricted report. - ``(3) Restricted report.--The term `restricted report' - means a report concerning a sexual assault that is treated as a - restricted report under section 1565b(b) of this title.''. - (b) Clerical Amendment.--The table of sections at the beginning of -chapter 23 of such title is amended by inserting after the item -relating to section 481a the following new item: - -``481b. Military investigation and justice experiences: survey of - members of the armed forces.''. - -SEC. 559. PUBLIC ACCESS TO DOCKETS, FILINGS, AND COURT RECORDS OF - COURTS-MARTIAL OR OTHER RECORDS OF TRIAL OF THE MILITARY - JUSTICE SYSTEM. - - (a) In General.--Section 940a of title 10, United States Code -(article 140a of the Uniform Code of Military Justice), is amended-- - (1) by striking ``The Secretary of Defense'' and inserting - ``(a) In General.--The Secretary of Defense, in consultation - with the Secretary of Homeland Security,''; - (2) in subsection (a), as designated by paragraph (1)-- - (A) in the matter preceding paragraph (1), by - inserting ``(including with respect to the Coast - Guard)'' after ``military justice system''; and - (B) in paragraph (4), by inserting ``public'' - before ``access to docket information''; and - (3) by adding at the end the following new subsections: - ``(b) Inapplicability of Privacy Act.--Section 552a of title 5 -shall not apply to records of trial produced or distributed within the -military justice system or docket information, filings, and records -made publicly accessible in accordance with the uniform standards and -criteria for conduct established by the Secretary under subsection (a). - ``(c) Protection of Certain Personally Identifiable Information.-- -Records of trial, docket information, filings, and other records made -publicly accessible in accordance with the uniform standards and -criteria for conduct established by the Secretary under subsection (a) -shall restrict access to personally identifiable information of minors -and victims of crime (including victims of sexual assault and domestic -violence), as practicable to the extent such information is restricted -in electronic filing systems of Federal and State courts. - ``(d) Inapplicability to Certain Dockets and Records.--Nothing in -this section shall be construed to provide public access to docket -information, filings, or records that are classified, subject to a -judicial protective order, or ordered sealed.''. - (b) Existing Standards and Criteria.--The Secretary of Homeland -Security shall apply to the Coast Guard the standards and criteria for -conduct established by the Secretary of Defense under section 940a of -title 10, United States Code (article 140a of the Uniform Code of -Military Justice), as in effect on the day before the date of the -enactment of this Act, until such time as the Secretary of Defense, in -consultation with the Secretary of Homeland Security, prescribes -revised standards and criteria for conduct under such section that -implement the amendments made by subsection (a) of this section. - -SEC. 560. PILOT PROGRAMS ON DEFENSE INVESTIGATORS IN THE MILITARY - JUSTICE SYSTEM. - - (a) In General.--Each Secretary of a military department shall -carry out a pilot program on defense investigators within the military -justice system under the jurisdiction of such Secretary in order to do -the following: - (1) Determine whether the presence of defense investigators - within such military justice system will-- - (A) make such military justice system more - effective in determining the truth; and - (B) make such military justice system more fair and - efficient. - (2) Otherwise assess the feasibility and advisability of - defense investigators as an element of such military justice - system. - (b) Elements.-- - (1) Model of similar civilian criminal justice systems.-- - Defense investigators under each pilot program under subsection - (a) shall consist of personnel, and participate in the military - justice system concerned, in a manner similar to that of - defense investigators in civilian criminal justice systems that - are similar to the military justice systems of the military - departments. - (2) Interview of victim.--A defense investigator may - question a victim under a pilot program only upon a request - made through the Special Victims' Counsel or other counsel of - the victim, or trial counsel if the victim does not have such - counsel. - (3) Uniformity across military justice systems.--The - Secretary of Defense shall ensure that the personnel and - activities of defense investigators under the pilot programs - are, to the extent practicable, uniform across the military - justice systems of the military departments. - (c) Report.-- - (1) In general.--Not later than three years after the date - of the enactment of this Act, the Secretary of Defense shall, - in consultation with the Secretaries of the military - departments, submit to the Committees on Armed Services of the - Senate and the House of Representatives a report on the pilot - programs under subsection (a). - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) A description of each pilot program, including - the personnel and activities of defense investigators - under such pilot program. - (B) An assessment of the feasibility and - advisability of establishing and maintaining defense - investigators as an element of the military justice - systems of the military departments. - (C) If the assessment under subparagraph (B) is - that the establishment and maintenance of defense - investigators as an element of the military justice - systems of the military departments is feasible and - advisable, such recommendations for legislative and - administrative action as the Secretary of Defense - considers appropriate to establish and maintain defense - investigators as an element of the military justice - systems. - (D) Any other matters the Secretary of Defense - considers appropriate. - -SEC. 561. REPORT ON MILITARY JUSTICE SYSTEM INVOLVING ALTERNATIVE - AUTHORITY FOR DETERMINING WHETHER TO PREFER OR REFER - CHANGES FOR FELONY OFFENSES UNDER THE UNIFORM CODE OF - MILITARY JUSTICE. - - (a) Report Required.-- - (1) In general.--Not later than 300 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the Committees on Armed Services of the Senate and - the House of Representatives a report setting forth the results - of a study, conducted for purposes of the report, on the - feasibility and advisability of an alternative military justice - system in which determinations as to whether to prefer or refer - charges for trial by court-martial for any offense specified in - paragraph (2) is made by a judge advocate in grade O-6 or - higher who has significant experience in criminal litigation - and is outside of the chain of command of the member subject to - the charges rather than by a commanding officer of the member - who is in the chain of command of the member. - (2) Specified offense.--An offense specified in this - paragraph is any offense under chapter 47 of title 10, United - States Code (the Uniform Code of Military Justice), for which - the maximum punishment authorized includes confinement for more - than one year. - (b) Elements.--The study required for purposes of the report under -subsection (a) shall address the following: - (1) Relevant procedural, legal, and policy implications and - considerations of the alternative military justice system - described in subsection (a). - (2) An analysis of the following in connection with the - implementation and maintenance of the alternative military - justice system: - (A) Legal personnel requirements. - (B) Changes in force structure. - (C) Amendments to law. - (D) Impacts on the timeliness and efficiency of - legal processes and court-martial adjudications. - (E) Potential legal challenges to the system. - (F) Potential changes in prosecution and conviction - rates. - (G) Potential impacts on the preservation of good - order and discipline, including the ability of a - commander to carry out nonjudicial punishment and other - administrative actions. - (H) Such other considerations as the Secretary - considers appropriate. - (3) A comparative analysis of the military justice systems - of relevant foreign allies with the current military justice - system of the United States and the alternative military - justice system, including whether or not approaches of the - military justice systems of such allies to determinations - described in subsection (a) are appropriate for the military - justice system of the United States. - (4) An assessment of the feasibility and advisability of - conducting a pilot program to assess the feasibility and - advisability of the alternative military justice system, and, - if the pilot program is determined to be feasible and - advisable-- - (A) an analysis of potential legal issues in - connection with the pilot program, including potential - issues for appeals; and - (B) recommendations on the following: - (i) The populations to be subject to the - pilot program. - (ii) The duration of the pilot program. - (iii) Metrics to measure the effectiveness - of the pilot program. - (iv) The resources to be used to conduct - the pilot program. - -SEC. 562. REPORT ON STANDARDIZATION AMONG THE MILITARY DEPARTMENTS IN - COLLECTION AND PRESENTATION OF INFORMATION ON MATTERS - WITHIN THE MILITARY JUSTICE SYSTEM. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall, in consultation with the -Secretaries of the military departments, submit to the Committees on -Armed Services of the Senate and the House of Representatives a report -setting forth the following: - (1) A plan for actions to provide for standardization, to - the extent practicable, among the military departments in the - collection and presentation of information on matters within - their military justice systems, including information collected - and maintained for purposes of section 940a of title 10, United - States Code (article 140a of the Uniform Code of Military - Justice), and such other information as the Secretary considers - appropriate. - (2) An assessment of the feasibility and advisability of - establishing and maintaining a single, Department of Defense- - wide data management system for the standardized collection and - presentation of information described in paragraph (1). - -SEC. 563. REPORT ON ESTABLISHMENT OF GUARDIAN AD LITEM PROGRAM FOR - CERTAIN MILITARY DEPENDENTS WHO ARE A VICTIM OR WITNESS - OF OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE - INVOLVING ABUSE OR EXPLOITATION. - - (a) 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 Committees on Armed Services of the Senate and - the House of Representatives a report setting forth an - assessment of the feasibility and advisability of establishing - a guardian ad litem program for military dependents described - in paragraph (2) who are a victim or witness of an offense - under chapter 47 of title 10, United States Code (the Uniform - Code of Military Justice), that involves an element of abuse or - exploitation in order to protect the best interests of such - dependents in a court-martial of such offense. - (2) Covered dependents.--The military dependents described - in this paragraph are as follows: - (A) Military dependents under 12 years of age. - (B) Military dependents who lack mental or other - capacity. - (b) Elements.--The report required by subsection (a) shall include -the following: - (1) An assessment of the feasibility and advisability of - establishing a guardian ad litem program as described in - subsection (a). - (2) If establishment of the guardian ad litem program is - considered feasible and advisable, the following: - (A) A description of administrative requirements in - connection with the program, including the following: - (i) Any memoranda of understanding between - the Department of Defense and State and local - authorities required for purposes of the - program. - (ii) The personnel, funding, and other - resources required for purposes of the program. - (B) Best practices for the program (as determined - in consultation with appropriate civilian experts on - child advocacy). - (C) Such recommendations for legislative and - administration action to implement the program as the - Secretary considers appropriate. - - Subtitle E--Member Education, Training, Transition, and Resilience - -SEC. 566. CONSECUTIVE SERVICE OF SERVICE OBLIGATION IN CONNECTION WITH - PAYMENT OF TUITION FOR OFF-DUTY TRAINING OR EDUCATION FOR - COMMISSIONED OFFICERS OF THE ARMED FORCES WITH ANY OTHER - SERVICE OBLIGATIONS. - - (a) In General.--Section 2007(b) of title 10, United States Code, -is amended by adding at the end the following new paragraph: - ``(3) Any active duty service obligation of a commissioned officer -under this subsection shall be served consecutively with any other -service obligation of the officer (whether active duty or otherwise) -under any other provision of law.''. - (b) Effective Date.--The amendment made by this section shall take -effect on the date of the enactment of this Act, and shall apply with -respect to agreements for the payment of tuition for off-duty training -or education that are entered into on or after that date. - -SEC. 567. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED MEMBERS OF THE ARMED - FORCES AS STUDENTS AT LAW SCHOOLS. - - (a) In General.--Section 2004 of title 10, United States Code, is -amended-- - (1) in subsection (a)-- - (A) by inserting ``and enlisted members'' after - ``commissioned officers''; - (B) by striking ``bachelor of laws or''; and - (C) by inserting ``and enlisted members'' after - ``twenty-five officers''; - (2) in subsection (b)-- - (A) in the matter preceding paragraph (1), by - inserting ``or enlisted member'' after ``officer''; - (B) by striking paragraph (1) and inserting the - following new paragraph (1): - ``(1) either-- - ``(A) have served on active duty for a period of - not less than two years nor more than six years and be - an officer in the pay grade O-3 or below as of the time - the training is to begin; or - ``(B) have served on active duty for a period of - not less than four years nor more than eight years and - be an enlisted member in the pay grade E-5, E-6, or E-7 - as of the time the training is to begin;''; - (C) by redesignating paragraph (2) as paragraph - (3); - (D) by inserting after paragraph (1), as amended by - subparagraph (B), the following new paragraph (2): - ``(2) in the case of an enlisted member, meet all - requirements for acceptance of a commission as a commissioned - officer in the armed forces; and''; and - (E) in subparagraph (B) of paragraph (3), as - redesignated by subparagraph (C) of this paragraph, by - striking ``or law specialist''; - (3) in subsection (c)-- - (A) in the first sentence, by inserting ``and - enlisted members'' after ``Officers''; and - (B) in the second sentence, by inserting ``or - enlisted member'' after ``officer'' each place it - appears; - (4) in subsection (d), by inserting ``and enlistment - members'' after ``officers''; - (5) in subsection (e), by inserting ``or enlistment - member'' after ``officer''; and - (6) in subsection (f), by inserting ``or enlisted member'' - after ``officer''. - (b) Conforming and Clerical Amendments.-- - (1) Heading amendment.--The heading of such section is - amended to read as follows: -``Sec. 2004. Detail as students at law schools; commissioned officers; - certain enlisted members''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 101 of such title is amended by striking - the item relating to section 2004 and inserting the following - new item: - -``2004. Detail as students at law schools; commissioned officers; - certain enlisted members.''. - -SEC. 568. CONNECTIONS OF MEMBERS RETIRING OR SEPARATING FROM THE ARMED - FORCES WITH COMMUNITY-BASED ORGANIZATIONS AND RELATED - ENTITIES. - +SEC. 570B. PROHIBITION ON INVOLUNTARY SEPARATION OF CERTAIN MEMBERS OF +THE ARMED FORCES; CONSIDERATION OF MILITARY SERVICE IN REMOVAL +DETERMINATIONS. + (a) Prohibition on Involuntary Separation.-- + (1) In general.--No member of the Armed Forces may be + involuntarily separated from the Armed Forces solely because that + member is a covered member. + (2) Covered member defined.--In this subsection, the term + ``covered member'' means a member of the Armed Forces who-- + (A) possesses a current and valid employment authorization + document that was issued pursuant to the memorandum of the + Secretary of Homeland Security dated June 15, 2012, and + entitled ``Exercising Prosecutorial Discretion with Respect to + Individuals who Came to the United States as Children''; or + (B) is currently in a temporary protected status under + section 244 of the Immigration and Nationality Act (8 U.S.C. + 1254a). + (b) Consideration of Military Service in Removal Determinations.-- + (1) In general.--With regards to an individual, an immigration + officer shall take into consideration evidence of military service + by that individual in determining whether-- + (A) to issue to that individual a notice to appear in + removal proceedings, an administrative order of removal, or a + reinstatement of a final removal order; and + (B) to execute a final order of removal regarding that + individual. + (2) Definitions.--In this subsection: + (A) The term ``evidence of service'' means evidence that an + individual served as a member of the Armed Forces, and the + characterization of each period of service of that individual + in the Armed Forces. + (B) The term ``immigration officer'' has the meaning given + that term in section 101 of the Immigration and Nationality Act + (8 U.S.C. 1101 et seq.). +SEC. 570C. INCLUSION OF QUESTION REGARDING IMMIGRATION STATUS ON +PRESEPARATION COUNSELING CHECKLIST (DD FORM 2648). + Not later than September 30, 2020, the Secretary of Defense shall +modify the preseparation counseling checklist for active component, +active guard reserve, active reserve, full time support, and reserve +program administrator service members (DD Form 2648) to include a +specific block wherein a member of the Armed Forces may indicate that +the member would like to receive information regarding the immigration +status of that member and expedited naturalization. +SEC. 570D. COUNSELING FOR MEMBERS OF THE ARMED FORCES WHO ARE NOT +CITIZENS OF THE UNITED STATES ON NATURALIZATION IN THE UNITED STATES. + (a) In General.--The Secretary concerned shall furnish to covered +individuals under the jurisdiction of that Secretary counseling +regarding how to apply for naturalization in the United States. + (b) Definitions.--In this section: + (1) The term ``covered individual'' means a member of the Armed + Forces who is not a citizen of the United States. + (2) The term ``Secretary concerned'' has the meaning given that + term in section 101(a)(9) of title 10, United States Code. +SEC. 570E. PILOT PROGRAM ON INFORMATION SHARING BETWEEN DEPARTMENT OF +DEFENSE AND DESIGNATED RELATIVES AND FRIENDS OF MEMBERS OF THE ARMED +FORCES REGARDING THE EXPERIENCES AND CHALLENGES OF MILITARY SERVICE. + (a) Pilot Program Required.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary of Defense shall seek to enter + into an agreement with the American Red Cross to carry out a pilot + program under which the American Red Cross-- + (A) encourages a member of the Armed Forces, upon the + enlistment or appointment of such member, to designate up to 10 + persons to whom information regarding the military service of + such member shall be disseminated using contact information + obtained under paragraph (6); and + (B) provides such persons, within 30 days after the date on + which such persons are designated under subparagraph (A), the + option to elect to receive such information regarding military + service. + (2) Dissemination.--The Secretary shall disseminate information + described in paragraph (1)(A) under the pilot program on a regular + basis. + (3) Types of information.--The types of information to be + disseminated under the pilot program to persons who elect to + receive such information shall include information regarding-- + (A) aspects of daily life and routine experienced by + members of the Armed Forces; + (B) the challenges and stresses of military service, + particularly during and after deployment as part of a + contingency operation; + (C) the services available to members of the Armed Forces + and the dependents of such members to cope with the experiences + and challenges of military service; + (D) benefits administered by the Department of Defense for + members of the Armed Forces and the dependents of such members; + (E) a toll-free telephone number through which such persons + who elect to receive information under the pilot program may + request information regarding the program; and + (F) such other information as the Secretary determines to + be appropriate. + (4) Privacy of information.--In carrying out the pilot program, + the Secretary may not disseminate information under paragraph (3) + in violation of laws and regulations pertaining to the privacy of + members of the Armed Forces, including requirements pursuant to-- + (A) section 552a of title 5, United States Code; and + (B) the Health Insurance Portability and Accountability Act + of 1996 (Public Law 104-191). + (5) Notice and modifications.--In carrying out the pilot + program, the Secretary shall, with respect to a member of the Armed + Forces-- + (A) ensure that such member is notified of the ability to + modify designations made by such member under paragraph (1)(A); + and + (B) upon the request of a member, authorize such member to + modify such designations at any time. + (6) Contact information.--In making a designation under the + pilot program, a member of the Armed Forces shall provide necessary + contact information, specifically including an email address, to + facilitate the dissemination of information regarding the military + service of the member. + (7) Opt-in and opt-out of program.-- + (A) Opt-in by members.--A member may participate in the + pilot program only if the member voluntarily elects to + participate in the program. A member seeking to make such an + election shall make such election in a manner, and by including + such information, as the Secretary and the Red Cross shall + jointly specify for purposes of the pilot program. + (B) Opt-in by designated recipients.--A person designated + pursuant to paragraph (1)(A) may receive information under the + pilot program only if the person makes the election described + in paragraph (1)(B). + (C) Opt-out.--In carrying out the pilot program, the + Secretary shall, with respect to a person who has elected to + receive information under such pilot program, cease + disseminating such information to that person upon request of + such person. + (b) Survey and Report on Pilot Program.-- + (1) Survey.--Not later than two years after the date on which + the pilot program commences, the Secretary, in consultation with + the American Red Cross, shall administer a survey to persons who + elected to receive information under the pilot program for the + purpose of receiving feedback regarding the quality of information + disseminated under this section, including whether such information + appropriately reflects the military career progression of members + of the Armed Forces. + (2) Report.--Not later than three years after the date on which + the pilot program commences, the Secretary shall submit to the + congressional defense committees a final report on the pilot + program which includes-- + (A) the results of the survey administered under paragraph + (1); + (B) a determination as to whether the pilot program should + be made permanent; and + (C) recommendations as to modifications necessary to + improve the program if made permanent. + (c) Termination of Pilot Program.--The pilot program shall +terminate upon submission of the report required by subsection (b)(2). +SEC. 570F. CONNECTIONS OF MEMBERS RETIRING OR SEPARATING FROM THE ARMED +FORCES WITH COMMUNITY-BASED ORGANIZATIONS AND RELATED ENTITIES. (a) In General.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly seek to enter into memoranda of -understanding (MOUs) or other agreements with State veterans agencies -under which information from Department of Defense Form DD-2648 on +understanding or other agreements with State veterans agencies under +which information from Department of Defense Form DD-2648 on individuals undergoing retirement, discharge, or release from the Armed Forces is transmitted to one or more State veterans agencies, as elected by such individuals, to provide or connect veterans to benefits or services as follows: - (1) Assistance in preparation of resumes. - (2) Training for employment interviews. - (3) Employment recruitment training. - (4) Other services leading directly to a successful - transition from military life to civilian life. - (5) Healthcare, including care for mental health. - (6) Transportation or transportation-related services. - (7) Housing. - (8) Such other benefits or services as the Secretaries - jointly consider appropriate for purposes of this section. + (1) Assistance in preparation of resumes. + (2) Training for employment interviews. + (3) Employment recruitment training. + (4) Other services leading directly to a successful transition + from military life to civilian life. + (5) Healthcare, including care for mental health. + (6) Transportation or transportation-related services. + (7) Housing. + (8) Such other benefits or services as the Secretaries jointly + consider appropriate for purposes of this section. (b) Information Transmitted.--The information transmitted on individuals as described in subsection (a) shall be such information on Form DD-2648 as the Secretaries jointly consider appropriate to @@ -7227,25 +11962,402 @@ connected to benefits or services described in subsection (a). transmitted to and through a State veterans agency as described in subsection (a) only with the consent of the individual. In giving such consent, an individual shall specify the following: - (1) The State veterans agency or agencies elected by the - individual to transmit such information as described in - subsection (a). - (2) The benefits and services for which contact information - shall be so transmitted. - (3) Such other information on the individual as the - individual considers appropriate in connection with the - transmittal. - -Subtitle F--Defense Dependents' Education and Military Family Readiness - Matters - - PART I--DEFENSE DEPENDENTS' EDUCATION MATTERS + (1) The State veterans agency or agencies elected by the + individual to transmit such information as described in subsection + (a). + (2) The benefits and services for which contact information + shall be so transmitted. + (3) Such other information on the individual as the individual + considers appropriate in connection with the transmittal. +SEC. 570G. PILOT PROGRAM REGARDING ONLINE APPLICATION FOR THE +TRANSITION ASSISTANCE PROGRAM. + (a) Establishment.--The Secretary of Defense, the Secretary of +Veterans Affairs, and the Secretary of Labor may jointly carry out a +pilot program that creates a one-stop source for online applications +for the purposes of assisting members of the Armed Forces and Veterans +participating in the Transition Assistance Program (in this section +referred to as ``TAP''). + (b) Data Sources.--If the Secretaries carry out the pilot program, +any online application developed under such program shall, in part, +aggregate existing data from government resources and the private +sector under one uniform resource locator for the purpose of assisting +members of the Armed Forces and veterans participating in TAP. + (c) Availability; Accessibility.--Any online application developed +under a pilot program shall, to the extent feasible be-- + (1) widely available as a mobile application; and + (2) easily accessible by veterans, members of the Armed Forces, + and employers. + (d) Assessments.-- + (1) Interim assessments.--Not later than the dates that are one + and two years after the date of the commencement of any pilot + program under this section, the Secretaries shall jointly assess + the pilot program. + (2) Final assessment.--Not later than the date that is three + years after the date of the commencement of any pilot program under + this section, the Secretaries shall jointly carry out a final + assessment of the pilot program. + (3) Purpose.--The general objective of each assessment under + this subsection shall be to determine if the online application + under the pilot program helps participants in TAP to accomplish the + goals of TAP, accounting for the individual profiles of + participants, including military experience and geographic + location. + (e) Briefing.--If the Secretaries carry out the pilot program, the +Secretary of Defense shall provide to the Committees on Armed Services +of the Senate and House of Representatives a briefing on findings +regarding the pilot program, including any recommendations for +legislation. + (f) Definitions.--In this section: + (1) The term ``mobile application'' means a software program + that runs on the operating system of a mobile device. + (2) The term ``mobile device'' means a smartphone, tablet + computer, or similar portable computing device that transmits data + over a wireless connection. -SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL - AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED - FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. + Subtitle H--Military Family Readiness and Dependents' Education - (a) Assistance to Schools With Significant Numbers of Military + SEC. 571. AUTHORIZING MEMBERS TO TAKE LEAVE FOR A BIRTH OR ADOPTION + IN MORE THAN ONE INCREMENT. + Paragraph (5) of section 701(i) of title 10, United States Code, is +amended-- + (1) by striking ``only in one increment'' and inserting ``in + more than one increment''; and + (2) by inserting ``in accordance with regulations prescribed by + the Secretary concerned'' before the period. + SEC. 572. DEFERRED DEPLOYMENT FOR MEMBERS WHO GIVE BIRTH. + Section 701 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(l) A member of the armed forces who gives birth while on active +duty may be deployed during the period of 12 months beginning on the +date of such birth only with the approval of a health care provider +employed at a military medical treatment facility and-- + ``(1) at the election of such member; or + ``(2) in the interest of national security, as determined by + the Secretary of Defense.''. + SEC. 573. AUTHORITY OF THE SECRETARY CONCERNED TO TRANSPORT REMAINS + OF A COVERED DECEDENT TO NO MORE THAN TWO PLACES SELECTED BY THE + PERSON DESIGNATED TO DIRECT DISPOSITION OF THE REMAINS. + (a) Authority.--Section 1482(a)(8) of title 10, United States Code, +is amended to read as follows: + ``(8)(A) Transportation of the remains, and travel and + transportation allowances as specified in regulations prescribed + under section 464 of title 37 for an escort of one person, to the + place, subject to subparagraph (B), selected by the person + designated to direct disposition of the remains or, if such a + selection is not made, to a national or other cemetery which is + selected by the Secretary and in which burial of the decedent is + authorized. + ``(B) The person designated to direct disposition of the + remains may select two places under subparagraph (A) if the second + place is a national cemetery. If that person selects two places, + the Secretary concerned may pay for transportation to the second + place only by means of reimbursement under subsection (b). + ``(C) When transportation of the remains includes + transportation by aircraft under section 562 of the John Warner + National Defense Authorization Act for Fiscal Year 2007 (Public Law + 109-364; 10 U.S.C. 1482 note), the Secretary concerned shall + provide, to the maximum extent practicable, for delivery of the + remains by air to the commercial, general aviation, or military + airport nearest to the place selected by the designee.''. + (b) Military Escort and Honor Guard Only to First Location.-- +Section 562(b) of the John Warner National Defense Authorization Act +for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 1482 note) is +amended by adding at the end the following: ``If the person designated +to direct disposition of the remains selects two places under such +section, the term means only the first of those two places.''. + SEC. 574. MILITARY FUNERAL HONORS MATTERS. + (a) Full Military Honors Ceremony for Certain Veterans.--Section +1491(b) of title 10, United States Code, is amended by adding at the +end the following: + ``(3) The Secretary concerned shall provide full military honors +(as determined by the Secretary concerned) for the funeral of a veteran +who-- + ``(A) is first interred or first inurned in Arlington National + Cemetery on or after the date of the enactment of the National + Defense Authorization Act for Fiscal Year 2020; + ``(B) was awarded the medal of honor or the prisoner-of-war + medal; and + ``(C) is not entitled to full military honors by the grade of + that veteran.''. + (b) Full Military Funeral Honors for Veterans at Military +Installations.-- + (1) Installation plans for honors required.--The commander of + each military installation at or through which a funeral honors + detail for a veteran is provided pursuant to section 1491 of title + 10, United States Code (as amended by subsection (a)), shall + maintain and carry out a plan for the provision, upon request, of + full military funeral honors at funerals of veterans for whom a + funeral honors detail is authorized in that section. + (2) Elements.--Each plan of an installation under paragraph (1) + shall include the following: + (A) Mechanisms to ensure compliance with the requirements + applicable to the composition of funeral honors details in + section 1491(b) of title 10, United States Code (as so + amended). + (B) Mechanisms to ensure compliance with the requirements + for ceremonies for funerals in section 1491(c) of such title. + (C) In addition to the ceremonies required pursuant to + subparagraph (B), the provision of a gun salute, if otherwise + authorized, for each funeral by appropriate personnel, + including personnel of the installation, members of the reserve + components of the Armed Forces residing in the vicinity of the + installation who are ordered to funeral honors duty, or members + of veterans organizations or other organizations referred to in + section 1491(b)(2) of such title. + (D) Mechanisms for the provision of support authorized by + section 1491(d) of such title. + (E) Such other mechanisms and activities as the Secretary + concerned considers appropriate in order to assure that full + military funeral honors are provided upon request at funerals + of veterans. + (3) Definitions.--In this subsection: + (A) The term ``Secretary concerned'' has the meaning given + that term in section 101(a)(9) of title 10, United States Code. + (B) The term ``veteran'' has the meaning given that term in + section 1491(h) of title 10, United States Code. + SEC. 575. IMPROVEMENT OF OCCUPATIONAL LICENSE PORTABILITY FOR + RELOCATED SPOUSES OF MEMBERS OF THE UNIFORMED SERVICES. + Section 1784 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(h) Improvement of Occupational License Portability Through +Interstate Compacts.-- + ``(1) In general.--The Secretary of Defense shall seek to enter + into a cooperative agreement with the Council of State Governments + to assist with funding of the development of interstate compacts on + licensed occupations in order to alleviate the burden associated + with relicensing in such an occupation by spouse of a members of + the armed forces in connection with a permanent change of duty + station of members to another State. + ``(2) Limitation on assistance per compact.--The amount + provided under paragraph (1) as assistance for the development of + any particular interstate compact may not exceed $1,000,000. + ``(3) Limitation on total amount of assistance.--The total + amount of assistance provided under paragraph (1) in any fiscal + year may not exceed $4,000,000. + ``(4) Annual report.--Not later than February 28 each year, the + Secretary shall submit to the Committees on Armed Services of the + Senate and the House of Representatives a report on interstate + compacts described in paragraph (1) developed through assistance + provided under that paragraph. Each report shall set forth the + following: + ``(A) Any interstate compact developed during the preceding + calendar year, including the occupational licenses covered by + such compact and the States agreeing to enter into such + compact. + ``(B) Any interstate compact developed during a prior + calendar year into which one or more additional States agreed + to enter during the preceding calendar year. + ``(5) Expiration.--The authority to enter into a cooperative + agreement under paragraph (1), and to provide assistance described + in that paragraph pursuant to such cooperative agreement, expire on + September 30, 2024.''. + SEC. 576. CONTINUED ELIGIBILITY FOR EDUCATION AND TRAINING + OPPORTUNITIES FOR SPOUSES OF PROMOTED MEMBERS. + Section 1784a(b) of title 10, United States Code, is amended-- + (1) by inserting ``(1)'' before ``Assistance''; and + (2) by adding at the end the following new paragraph: + ``(2) A spouse who is eligible for a program under this section and +begins a course of education or training for a degree, license, or +credential described in subsection (a) may not become ineligible to +complete such course of education or training solely because the member +to whom the spouse is married is promoted to a higher grade.''. + SEC. 577. MODIFICATION TO AUTHORITY TO REIMBURSE FOR STATE + LICENSURE AND CERTIFICATION COSTS OF A SPOUSE OF A SERVICEMEMBER + ARISING FROM RELOCATION. + Section 476(p) of title 37, United States Code, is amended-- + (1) in paragraph (1), by striking ``armed forces'' and + inserting ``uniformed services''; + (2) in paragraph (2), by striking ``$500'' and inserting + ``$1,000''; + (3) in paragraph (3)-- + (A) in subparagraph (A), by striking ``and''; + (B) in subparagraph (B), by striking the period and + inserting ``; and''; and + (C) by adding at the end the following new subparagraph: + ``(C) an analysis of whether the maximum reimbursement amount + under paragraph (2) is sufficient to cover the average costs of + relicensing described in paragraph (1).''; and + (4) in paragraph (4), by striking ``December 31, 2022'' and + inserting ``December 31, 2024''. + SEC. 578. CLARIFICATION REGARDING ELIGIBILITY TO TRANSFER + ENTITLEMENT UNDER POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM. + Section 3319(j) of title 38, United States Code, is amended by +adding at the end the following new paragraph: + ``(3) The Secretary of Defense may not prescribe any regulation +that would provide for a limitation on eligibility to transfer unused +education benefits to family members based on a maximum number of years +of service in the Armed Forces.''. + SEC. 579. 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)''. + SEC. 580. IMPROVEMENTS TO CHILD CARE FOR MEMBERS OF THE ARMED + FORCES. + (a) Clarifying Technical Amendment to Direct Hire Authority of the +Department of Defense for Child Care Services Providers for Department +Child Development Centers.--Section 559(e) of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. +1792 note) is amended by inserting ``(including family childcare +coordinator services and school age childcare coordinator services)'' +after ``childcare services''. + (b) Assessment of Financial Assistance Provided to Civilian Child +Care Providers.-- + (1) Assessment.--The Secretary of Defense shall assess the + maximum amount of financial assistance provided to eligible + civilian providers of child care services or youth program services + that furnish such service for members of the armed forces and + employees of the United States under section 1798 of title 10, + United States Code. Such assessment shall include the following: + (A) The determination of the Secretary whether the maximum + allowable financial assistance should be standardized across + the Armed Forces. + (B) Whether the maximum allowable amount adequately + accounts for high-cost duty stations. + (2) Report.--Not later than June 1, 2020, the Secretary of + Defense shall submit a report to the Committees on Armed Services + of the Senate and the House of Representatives regarding the + results of the assessment under paragraph (1) and any actions taken + by the Secretary to remedy identified shortfalls in assistance + described in that paragraph. + (c) Reduction in Wait Lists for Child Care at Military +Installations.-- + (1) Remedial action.--The Secretary of Defense shall take steps + the Secretary determines necessary to reduce the waiting lists for + child care at military installations to ensure that members of the + Armed Forces have meaningful access to child care during tours of + duty. + (2) Report.--Not later than June 1, 2020, the Secretary of + Defense shall provide a report to the Committees on Armed Forces of + the Senate and the House of Representative regarding-- + (A) action taken under paragraph (1); and + (B) any additional resources (including additional funding + for and child care facilities and workers) the Secretary + determines necessary to increase access described in paragraph + (1). + (d) GAO Review.--The Comptroller General of the United States shall +conduct a review of the assessments, actions, and determinations of the +Secretary under subsections (b)(1) and (c). Not later than December 1, +2020, the Comptroller General shall submit to the Committees on Armed +Services of the Senate and the House of Representatives a report +regarding the review performed under this subsection. + (e) Assessment of Accessibility of Websites of the Department of +Defense Related to Child Care and Spousal Employment.-- + (1) Assessment.--The Secretary of Defense shall review the + functions and accessibility of websites of the Department of + Defense designed for members of the Armed Forces and the families + of such members to access information and services offered by the + Department regarding child care, spousal employment, and other + family matters. + (2) Report.--Not later than March 1, 2020, the Secretary of + Defense shall provide a briefing to the Committees on Armed + Services of the Senate and the House of Representatives regarding + the results of the assessment under paragraph (1) and actions taken + to enhance accessibility of the websites. + (f) Portability of Background Investigations for Child Care +Providers.--Not later than 180 days after the date of the enactment of +this Act, the Secretary of Defense shall ensure that the background +investigation and training certification for a child care provider +employed by the Department of Defense in a facility of the Department +may be transferred to another facility of the Department, without +regard to which Secretary of a military department has jurisdiction +over either such facility. +SEC. 580A. TRANSPORTATION OF REMAINS OF CASUALTIES; TRAVEL EXPENSES FOR +NEXT OF KIN. + (a) Transportation for Remains of a Member Who Dies Not in a +Theater of Combat Operations.--Section 562 of the John Warner National +Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10 +U.S.C. 1482 note), as amended by section 573 of this Act, is further +amended-- + (1) in the heading, by striking ``dying in a theater of combat + operations''; and + (2) in subsection (a), by striking ``in a combat theater of + operations'' and inserting ``outside of the United States''. + (b) Transportation for Family.--The Secretary of Defense shall +extend travel privileges via Invitational Travel Authorization to +family members of members of the Armed Forces who die outside of the +United States and whose remains are returned to the United States +through the mortuary facility at Dover Air Force Base, Delaware. +SEC. 580B. MEETINGS OF OFFICIALS OF THE DEPARTMENT OF DEFENSE WITH +REPRESENTATIVE GROUPS OF SURVIVORS OF DECEASED MEMBERS OF THE ARMED +FORCES. + (a) Chiefs of the Armed Forces.--The Secretary of Defense shall +direct the chiefs of the Armed Forces to meet periodically with +representative groups of survivors of deceased members of the Armed +Forces to receive feedback from those survivors regarding issues +affecting such survivors. The Chief of the National Guard Bureau shall +meet with representative groups of survivors of deceased members of the +Air National Guard and the Army National Guard. + (b) Under Secretary of Defense for Personnel and Readiness.--The +Under Secretary of Defense for Personnel and Readiness shall meet +periodically with representative groups of survivors of deceased +members of the Armed Forces to discuss policies of the Department of +Defense regarding military casualties and Gold Star families. + (c) Briefing.--Not later than April 1, 2020, the Under Secretary of +Defense for Personnel and Readiness shall brief the Committee on Armed +Services of the House of Representatives regarding policies established +and the results of the meetings under subsection (b). +SEC. 580C. 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, upon request, +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, instructions 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 +pursuant to paragraph (1) of subsection (a), and briefings and forms +pursuant to paragraph (2) of such subsection, shall be provided by +Voting Assistance Officers or such other personnel as the Secretary of +the military department concerned shall designate. +SEC. 580D. 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 one year after the date of the +enactment of this Act, the Director shall submit to Congress a report +on the results of the study conducted under subsection (a). The 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 the organizations that would provide + substantial support for the pilot program; + (3) a time line for the phased implementation of the pilot + program to all military personnel actively serving overseas; + (4) a method to determine under the pilot program if a ballot + was counted, and a way to provide such information to the member of + the Armed Forces casting the vote; and + (5) a description of the efforts being undertaken to ensure a + reliable and secure military ballot tracking system. +SEC. 580E. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STUDENTS. + (a) Impact Aid for Children With Severe Disabilities.-- + (1) In general.--Of the amount authorized to be appropriated + for fiscal year 2020 by section 301 and available for operation and + maintenance for Defense-wide activities as specified in the funding + table in section 4301, $10,000,000 shall be available for payments + under section 363 of the Floyd D. Spence National Defense + Authorization Act for Fiscal Year 2001 (Public Law 106-398; 20 + U.S.C. 7703a). + (2) Use of certain amount.--Of the amount available under + paragraph (1) for payments as described in that paragraph, + $5,000,000 shall be available for such payments to local + educational agencies determined by the Secretary of Defense, in the + discretion of the Secretary, to have higher concentrations of + military children with severe disabilities. + (b) Assistance to Schools With Significant Numbers of Military Dependent Students.--Of the amount authorized to be appropriated for fiscal year 2020 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding @@ -7253,30 +12365,38 @@ table in section 4301, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b). - (b) Local Educational Agency Defined.--In this section, the term + (c) Local Educational Agency Defined.--In this section, the term ``local educational agency'' has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). - -SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. - - (a) In General.--Of the amount authorized to be appropriated for -fiscal year 2020 pursuant to section 301 and available for operation -and maintenance for Defense-wide activities as specified in the funding -table in section 4301, $10,000,000 shall be available for payments -under section 363 of the Floyd D. Spence National Defense Authorization -Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; -114 Stat. 1654A-77; 20 U.S.C. 7703a). - (b) Use of Certain Amount.--Of the amount available under -subsection (a) for payments as described in that subsection, $5,000,000 -shall be available for such payments to local educational agencies -determined by the Secretary of Defense, in the discretion of the -Secretary, to have higher concentrations of military children with -severe disabilities. - -SEC. 573. RI'KATAK GUEST STUDENT PROGRAM AT UNITED STATES ARMY - GARRISON-KWAJALEIN ATOLL. - +SEC. 580F. FIRST EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT PROGRAM +FOR MILITARY SPOUSES. + The Secretary of Defense shall modify the My Career Advancement +Account program of the Department of Defense to ensure that military +spouses participating in the program may receive financial assistance +for the pursuit of a license, certification, or Associate's degree in +any career field or occupation. +SEC. 580G. SECOND EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT +PROGRAM FOR MILITARY SPOUSES. + The spouse of a member of the Coast Guard may participate in the My +Career Advancement Account program of the Department of Defense if the +Coast Guard reimburses the Department of Defense. +SEC. 580H. REPORT ON TRAINING AND SUPPORT AVAILABLE TO MILITARY +SPOUSES. + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Under Secretary of Defense for Personnel and +Readiness shall submit to the committees on Armed Services of the +Senate and the House of Representatives a report that includes a +description of the following: + (1) Financial literacy programs currently designed specifically + for military spouses. + (2) Efforts to evaluate the effectiveness of financial literacy + programs. + (b) Public Availability.--The report submitted under subsection (a) +shall be made available on a publicly accessible website of the +Department of Defense. +SEC. 580I. RI'KATAK GUEST STUDENT PROGRAM AT UNITED STATES ARMY +GARRISON-KWAJALEIN ATOLL. (a) Program Authorized.--The Secretary of the Army may conduct an assistance program to educate up to five local national students per grade, per academic year, on a space-available basis at the contractor- @@ -7285,516 +12405,706 @@ program shall be known as the ``Ri'katak Guest Student Program''. (b) Student Assistance.--Assistance that may be provided to students participating in the program carried out pursuant to subsection (a) includes the following: - (1) Classroom instruction. - (2) Extracurricular activities. - (3) Student meals. - (4) Transportation. - - PART II--MILITARY FAMILY READINESS MATTERS - -SEC. 576. TWO-YEAR EXTENSION OF AUTHORITY FOR REIMBURSEMENT FOR STATE - LICENSURE AND CERTIFICATION COSTS OF SPOUSES OF MEMBERS - OF THE ARMED FORCES ARISING FROM RELOCATION TO ANOTHER - STATE. - - Section 476(p)(4) of title 37, United States Code, is amended by -striking ``December 31, 2022'' and inserting ``December 31, 2024''. - -SEC. 577. IMPROVEMENT OF OCCUPATIONAL LICENSE PORTABILITY FOR MILITARY - SPOUSES THROUGH INTERSTATE COMPACTS. - - Section 1784 of title 10, United States Code, is amended by adding -at the end the following new subsection: - ``(h) Improvement of Occupational License Portability Through -Interstate Compacts.-- - ``(1) In general.--The Secretary of Defense shall seek to - enter into a cooperative agreement with the Council of State - Governments to assist with funding of the development of - interstate compacts on licensed occupations in order to - alleviate the burden associated with relicensing in such an - occupation by spouse of a member of the armed forces in - connection with a permanent change of duty station of members - to another State. - ``(2) Limitation on assistance per compact.--The amount - provided under paragraph (1) as assistance for the development - of any particular interstate compact may not exceed $1,000,000. - ``(3) Limitation on total amount of assistance.--The total - amount of assistance provided under paragraph (1) in any fiscal - year may not exceed $4,000,000. - ``(4) Annual report.--Not later than February 28 each year, - the Secretary shall submit to the Committees on Armed Services - of the Senate and the House of Representatives a report on - interstate compacts described in paragraph (1) developed - through assistance provided under that paragraph. Each report - shall set forth the following: - ``(A) Any interstate compact developed during the - preceding calendar year, including the occupational - licenses covered by such compact and the States - agreeing to enter into such compact. - ``(B) Any interstate compact developed during a - prior calendar year into which one or more additional - States agreed to enter during the preceding calendar - year. - ``(5) Expiration.--The authority to enter into a - cooperative agreement under paragraph (1), and to provide - assistance described in that paragraph pursuant to such - cooperative agreement, shall expire on September 30, 2024.''. - -SEC. 578. MODIFICATION OF RESPONSIBILITY OF THE OFFICE OF SPECIAL NEEDS - FOR INDIVIDUALIZED SERVICE PLANS FOR MEMBERS OF MILITARY - FAMILIES WITH SPECIAL NEEDS. - - Subparagraph (F) of section 1781c(d)(4) of title 10, United States -Code, is amended to read as follows: - ``(F) Requirements regarding the development of an - individualized services plan for each military family member - with special needs when requested in connection with the - completion of a family needs assessment for the military family - concerned.''. - -SEC. 579. CLARIFYING TECHNICAL AMENDMENT ON DIRECT HIRE AUTHORITY FOR - THE DEPARTMENT OF DEFENSE FOR CHILDCARE SERVICES - PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT CENTERS. - - Section 559(e) of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 131 Stat. 1406; 10 U.S.C. 1792 note) is -amended by inserting ``(including family childcare coordinator services -and school age childcare coordinator services)'' after ``childcare -services''. - -SEC. 580. PILOT PROGRAM ON INFORMATION SHARING BETWEEN DEPARTMENT OF - DEFENSE AND DESIGNATED RELATIVES AND FRIENDS OF MEMBERS - OF THE ARMED FORCES REGARDING THE EXPERIENCES AND - CHALLENGES OF MILITARY SERVICE. - - (a) Pilot Program Required.-- - (1) In general.--Not later than one year after the date of - the enactment of this Act, the Secretary of Defense shall seek - to enter into an agreement with the American Red Cross to carry - out a pilot program under which the American Red Cross-- - (A) encourages a member of the Armed Forces, upon - the enlistment or appointment of such member, to - designate up to 10 persons to whom information - regarding the military service of such member shall be - disseminated using contact information obtained under - paragraph (6); and - (B) provides such persons, within 30 days after the - date on which such persons are designated under - subparagraph (A), the option to elect to receive such - information regarding military service. - (2) Dissemination.--The Secretary shall disseminate - information described in paragraph (1)(A) under the pilot - program on a regular basis. - (3) Types of information.--The types of information to be - disseminated under the pilot program to persons who elect to - receive such information shall include information regarding-- - (A) aspects of daily life and routine experienced - by members of the Armed Forces; - (B) the challenges and stresses of military - service, particularly during and after deployment as - part of a contingency operation; - (C) the services available to members of the Armed - Forces and the dependents of such members to cope with - the experiences and challenges of military service; - (D) benefits administered by the Department of - Defense for members of the Armed Forces and the - dependents of such members; - (E) a toll-free telephone number through which such - persons who elect to receive information under the - pilot program may request information regarding the - program; and - (F) such other information as the Secretary - determines to be appropriate. - (4) Privacy of information.--In carrying out the pilot - program, the Secretary may not disseminate information under - paragraph (3) in violation of laws and regulations pertaining - to the privacy of members of the Armed Forces, including - requirements pursuant to-- - (A) section 552a of title 5, United States Code; - and - (B) the Health Insurance Portability and - Accountability Act of 1996 (Public Law 104-191). - (5) Notice and modifications.--In carrying out the pilot - program, the Secretary shall, with respect to a member of the - Armed Forces-- - (A) ensure that such member is notified of the - ability to modify designations made by such member - under paragraph (1)(B); and - (B) upon the request of a member, authorize such - member to modify such designations at any time. - (6) Contact information.--In making a designation under the - pilot program, a member of the Armed Forces shall provide - necessary contact information, specifically including an email - address, to facilitate the dissemination of information - regarding the military service of the member. - (7) Opt-in and opt-out of program.-- - (A) Opt-in by members.--A member may participate in - the pilot program only if the member voluntarily elects - to participate in the program. A member seeking to make - such an election shall make such election in a manner, - and by including such information, as the Secretary and - the Red Cross shall jointly specify for purposes of the - pilot program. - (B) Opt-in by designated recipients.--A person - designated pursuant to paragraph (1)(A) may receive - information under the pilot program only if the person - makes the election described in paragraph(1)(B). - (C) Opt-out.--In carrying out the pilot program, - the Secretary shall, with respect to a person who has - elected to receive information under such pilot - program, cease disseminating such information to that - person upon request of such person. - (b) Survey and Report on Pilot Program.-- - (1) Survey.--Not later than two years after the date on - which the pilot program commences, the Secretary, in - consultation with the American Red Cross, shall administer a - survey to persons who elected to receive information under the - pilot program for the purpose of receiving feedback regarding - the quality of information disseminated under this section, - including whether such information appropriately reflects the - military career progression of members of the Armed Forces. - (2) Report.--Not later than three years after the date on - which the pilot program commences, the Secretary shall submit - to the congressional defense committees a final report on the - pilot program which includes-- - (A) the results of the survey administered under - paragraph (1); - (B) a determination as to whether the pilot program - should be made permanent; and - (C) recommendations as to modifications necessary - to improve the program if made permanent. - (c) Termination of Pilot Program.--The pilot program shall -terminate upon submission of the report required by subsection (b)(2). - -SEC. 581. BRIEFING ON USE OF FAMILY ADVOCACY PROGRAMS TO ADDRESS - DOMESTIC VIOLENCE. - - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall provide to the Committees on Armed -Services of the Senate and the House of Representatives a briefing on -various mechanisms by which the Family Advocacy Programs (FAPs) of the -military departments may be used and enhanced in order to end domestic -violence among members of the Armed Forces and support survivors of -such violence and their dependents. - - Subtitle G--Decorations and Awards - -SEC. 585. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO JOHN J. - DUFFY FOR ACTS OF VALOR IN VIETNAM. - - (a) Waiver of Time Limitations.--Notwithstanding the time -limitations specified in section 3744 of title 10, United States Code, -or any other time limitation with respect to the awarding of certain -medals to persons who served in the Armed Forces, the President may -award the Medal of Honor under section 3741 of such title to John J. -Duffy for the acts of valor in Vietnam described in subsection (b). - (b) Acts of Valor Described.--The acts of valor referred to in -subsection (a) are the actions of John J. Duffy on April 14 and 15, -1972, in Vietnam for which he was previously awarded the Distinguished- -Service Cross. + (1) Classroom instruction. + (2) Extracurricular activities. + (3) Student meals. + (4) Transportation. -SEC. 586. STANDARDIZATION OF HONORABLE SERVICE REQUIREMENT FOR AWARD OF - MILITARY DECORATIONS. + Subtitle I--Decorations and Awards + SEC. 581. MODIFICATION OF AUTHORITIES ON ELIGIBILITY FOR AND + REPLACEMENT OF GOLD STAR LAPEL BUTTONS. + (a) Expansion of Authority To Determine Next of Kin for Issuance.-- +Section 1126 of title 10, United States Code, is amended-- + (1) in subsection (a), by striking ``widows, parents, and'' in + the matter preceding paragraph (1); + (2) in subsection (b), by striking ``the widow and to each + parent and'' and inserting ``each''; and + (3) in subsection (d)-- + (A) by striking paragraphs (1), (2), (3), and (4) and + inserting the following new paragraph (1): + ``(1) The term `next of kin' means individuals standing in such + relationship to members of the armed forces described in subsection + (a) as the Secretaries concerned shall jointly specify in + regulations for purposes of this section.''; and + (B) by redesignating paragraphs (5), (6), (7), and (8) as + paragraphs (2), (3), (4), and (5), respectively. + (b) Replacement.--Subsection (c) of such section is amended by +striking ``and payment'' and all that follows and inserting ``and +without cost.''. + SEC. 582. STANDARDIZATION OF HONORABLE SERVICE REQUIREMENT FOR + AWARD OF MILITARY DECORATIONS. (a) Honorable Service Requirement.-- - (1) In general.--Chapter 57 of title 10, United States - Code, is amended by adding at the end the following new section + (1) In general.--Chapter 57 of title 10, United States Code, is + amended by adding at the end the following new section: ``Sec. 1136. Honorable service requirement for award of military - decorations + decorations ``No military decoration, including a medal, cross, or bar, or an associated emblem or insignia, may be awarded or presented to any person, or to a representative of the person, if the service of the person after the person distinguished himself or herself has not been honorable.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 57 of such title is amended by adding at - the end the following: + (2) Clerical amendment.--The table of sections at the beginning + of chapter 57 of such title is amended by adding at the end the + following: ``1136. Honorable service requirement for award of military - decorations.''. + decorations.''. + (b) Conforming Amendments.--Title 10, United States Code, is further amended as follows: - (1) In section 7274-- - (A) in subsection (b) in the matter preceding - paragraph (1), by striking ``subsection (d)'' and - inserting ``subsection (c)''; - (B) by striking subsection (c); and - (C) by redesignating subsection (d) as subsection - (c). - (2)(A) Section 8299 is repealed. - (B) The table of sections at the beginning of chapter 837 - is amended by striking the item relating to section 8299. - (3) In section 9274-- - (A) in subsection (b) in the matter preceding - paragraph (1), by striking ``subsection (d)'' and - inserting ``subsection (c)''; - (B) by striking subsection (c); and - (C) by redesignating subsection (d) as subsection - (c). - (4) In section 9279, by striking subsection (c). - -SEC. 587. AUTHORITY TO AWARD OR PRESENT A DECORATION NOT PREVIOUSLY - RECOMMENDED IN A TIMELY FASHION FOLLOWING A REVIEW - REQUESTED BY CONGRESS. - - (a) Authority To Award or Present.--Section 1130 of title 10, -United States Code, is amended-- - (1) by redesignating subsection (d) as subsection (e); and - (2) by inserting after subsection (c) the following new - subsection (d): - ``(d)(1) A decoration may be awarded or presented following the -submittal of a recommendation under subsection (b) approving the award -or presentation. - ``(2) The authority to make an award or presentation under this -subsection shall apply notwithstanding any limitation described in -subsection (a).''. - (b) Conforming and Clerical Amendments.-- - (1) Heading amendment.--The heading of such section is - amended to read as follows: -``Sec. 1130. Consideration of proposals for decorations not previously - submitted in timely fashion: procedures for review and - award or presentation''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 57 of such title is amended by striking - the item relating to section 1130 and inserting the following - new item: - -``1130. Consideration of proposals for decorations not previously - submitted in timely fashion: procedures for - review and award or presentation.''. - -SEC. 588. AUTHORITY TO MAKE POSTHUMOUS AND HONORARY PROMOTIONS AND - APPOINTMENTS FOLLOWING A REVIEW REQUESTED BY CONGRESS. - - (a) Authority To Make.--Section 1563 of title 10, United States -Code, is amended-- - (1) by redesignating subsection (c) as subsection (e); and - (2) by inserting after subsection (b) the following new - subsections: - ``(c) Authority To Make.--(1) Under regulations prescribed by the -Secretary of Defense, a posthumous or honorary promotion or appointment -may be made following the submittal of a determination under subsection -(b) if the determination is to approve the making of such promotion of -appointment. - ``(2) The authority to make a promotion or appointment under this -subsection shall apply notwithstanding that such promotion or -appointment is not otherwise authorized by law. - ``(d) Additional Benefits Not To Accrue.--The promotion or -appointment of individual pursuant to subsection (c) shall not affect -the retired pay or other benefits from the United States to which the -individual would have been entitled based upon the individual's -military service, if any, or affect any benefits to which any other -person may become entitled based on the individual's military service, -if any.''. - (b) Conforming and Clerical Amendments.-- - (1) Heading amendment.--The heading of such section is - amended to read as follows: -``Sec. 1563. Consideration of proposals for posthumous and honorary - promotions and appointments: procedures for review and - promotion or appointment''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 80 of such title is amended by striking - the item relating to section 1563 and inserting the following - new item: - -``1563. Consideration of proposals for posthumous and honorary - promotions and appointments: procedures for - review and promotion or appointment.''. - - Subtitle H--Other Matters - -SEC. 591. MILITARY FUNERAL HONORS MATTERS. - - (a) Full Military Honors Ceremony for Certain Veterans.--Section -1491(b) of title 10, United States Code, is amended by adding at the -end the following: - ``(3) The Secretary concerned shall provide full military honors -(as determined by the Secretary concerned) for the funeral of a veteran -who-- - ``(A) is first interred or first inurned in Arlington - National Cemetery on or after the date of the enactment of the - National Defense Authorization Act for Fiscal Year 2020; - ``(B) was awarded the medal of honor or the prisoner-of-war - medal; and - ``(C) is not entitled to full military honors by the grade - of that veteran.''. - (b) Full Military Funeral Honors for Veterans at Military -Installations.-- - (1) Installation plans for honors required.--The commander - of each military installation at or through which a funeral - honors detail for a veteran is provided pursuant to section - 1491 of title 10, United States Code (as amended by subsection - (a)), shall maintain and carry out a plan for the provision, - upon request, of full military funeral honors at funerals of - veterans for whom a funeral honors detail is authorized in that - section. - (2) Elements.--Each plan of an installation under paragraph - (1) shall include the following: - (A) Mechanisms to ensure compliance with the - requirements applicable to the composition of funeral - honors details in section 1491(b) of title 10, United - States Code (as so amended). - (B) Mechanisms to ensure compliance with the - requirements for ceremonies for funerals in section - 1491(c) of such title. - (C) In addition to the ceremonies required pursuant - to subparagraph (B), the provision of a gun salute for - each funeral by appropriate personnel, including - personnel of the installation, members of the reserve - components of the Armed Forces residing in the vicinity - of the installation who are ordered to funeral honors - duty, and members of veterans organizations or other - organizations referred to in section 1491(b)(2) of such - title. - (D) Mechanisms for the provision of support - authorized by section 1491(d) of such title. - (E) Such other mechanisms and activities as the - Secretary concerned considers appropriate in order to - assure that full military funeral honors are provided - upon request at funerals of veterans. - (3) Definitions.--In this subsection: - (A) The term ``Secretary concerned'' has the - meaning given that term in section 101(a)(9) of title - 10, United States Code. - (B) The term ``veteran'' has the meaning given that - term in section 1491(h) of title 10, United States - Code. - -SEC. 592. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR RESERVE - OFFICERS' TRAINING CORPS UNITS. - - Section 2031 of title 10, United States Code, is amended by adding -at the end the following new subsection: - ``(g)(1) Each public secondary educational institution that -maintains a unit under this section shall permit membership in the unit -to homeschooled students residing in the area served by the institution -who are qualified for membership in the unit (but for lack of -enrollment in the institution). - ``(2) A student who is a member of a unit pursuant to this -subsection shall count toward the satisfaction by the institution -concerned of the requirement in subsection (b)(1) relating to the -minimum number of student members in the unit necessary for the -continuing maintenance of the unit.''. + (1) In section 7274-- + (A) in subsection (b), in the matter preceding paragraph + (1), by striking ``subsection (d)'' and inserting ``subsection + (c)''; + (B) by striking subsection (c); and + (C) by redesignating subsection (d) as subsection (c). + (2)(A) Section 8299 is repealed. + (B) The table of sections at the beginning of chapter 837 is + amended by striking the item relating to section 8299. + (3) In section 9274-- + (A) in subsection (b), in the matter preceding paragraph + (1), by striking ``subsection (d)'' and inserting ``subsection + (c)''; + (B) by striking subsection (c); and + (C) by redesignating subsection (d) as subsection (c). + (4) In section 9279, by striking subsection (c). + SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO JOHN J. + DUFFY FOR ACTS OF VALOR IN VIETNAM. + (a) Waiver of Time Limitations.--Notwithstanding the time +limitations specified in section 7274 of title 10, United States Code, +or any other time limitation with respect to the awarding of certain +medals to persons who served in the Armed Forces, the President may +award the Medal of Honor under section 7271 of such title to John J. +Duffy for the acts of valor in Vietnam described in subsection (b). + (b) Acts of Valor Described.--The acts of valor referred to in +subsection (a) are the actions of John J. Duffy on April 14 and 15, +1972, in Vietnam for which he was previously awarded the Distinguished- +Service Cross. + SEC. 584. REVIEW OF WORLD WAR I VALOR MEDALS. + (a) Review Required.--Each Secretary concerned shall review the +service records of World War I veterans described in subsection (b) +under the jurisdiction of such Secretary in order to determine whether +any 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 may be reviewed under subsection (a) are the following: + (1) African American war veterans, Asian American war veterans, + Hispanic American war veterans, Jewish American war veterans, and + Native American war veterans who were awarded the Distinguished + Service Cross or the Navy Cross for an action that occurred between + April 6, 1917, and November 11, 1918. + (2) African American war veterans, Asian American war veterans, + Hispanic American war veterans, Jewish American war veterans, and + Native American war veterans who were 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) African American war veterans, Asian American war veterans, + Hispanic American war veterans, Jewish American war veterans, and + Native American war veterans who were recommended for a Medal of + Honor for actions that occurred from April 6, 1917, to November 11, + 1918, if the Department of Defense possesses or receives records + relating to such recommendation. + (c) 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. + (d) 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 (c). + (e) Waiver of Time Limitations.--An award of the Medal of Honor may +be made under subsection (d) 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. + (f) Deadline.--The review under subsection (a) shall terminate not +later than five years after the date of the enactment of this Act. + (g) Definitions.-- + (1) In general.--In this section: + (A) African american war veteran.--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. + (B) Asian american war veteran.--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. + (C) Hispanic american war veteran.--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. + (D) Jewish american war veteran.--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. + (E) Native american war veteran.--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. + (F) Secretary concerned.--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. + (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 + for purposes of this section. + + Subtitle J--Miscellaneous Reports and Other Matters + + SEC. 591. CLARIFICATION OF THE TERM ``ASSAULT'' FOR PURPOSES OF + WORKPLACE AND GENDER RELATIONS SURVEYS. + (a) Surveys of Members of the Armed Forces.--Section 481 of title +10, United States Code, is amended by inserting ``(including unwanted +sexual contact)'' after ``assault'' each place it appears. + (b) Surveys of Civilian Employees of the Department of Defense.-- +Section 481a of title 10, United States Code, is amended by inserting +``(including unwanted sexual contact)'' after ``assault'' each place it +appears. + (c) Effective Date.--The amendments made by subsections (a) and (b) +shall take effect on the date of the enactment of this Act and shall +apply with respect to surveys under sections 481 and 481a of title 10, +United States Code, that are initiated after such date. + SEC. 592. 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: -SEC. 593. SENSE OF SENATE ON THE JUNIOR RESERVE OFFICERS' TRAINING - CORPS. - - It is the sense of the Senate that-- - (1) the Junior Reserve Officers' Training Corps (JROTC) is - a valuable program that instill the values of citizenship, - service to the community, personal responsibility and a sense - of accomplishment in high school students; - (2) the Junior Reserve Officers' Training Corps is - supported by all the Armed Forces, and there are Junior Reserve - Officers' Training Corps units in all 50 States, 4 United - States territories, and the District of Columbia; - (3) the Junior Reserve Officers' Training Corps - consistently improves student outcomes across a wide variety of - academic and nonacademic data points, including grade point - average, high school graduation and college acceptance rates, - standardized test scores, drop-out rates, discipline problems, - and leadership skills; - (4) the Department of Defense should view the Junior - Reserve Officers' Training Corps as a unique program to help - close the divide between the military and the greater civilian - community in the United States; - (5) given the increased funding and more flexible policy - authorized in the John S. McCain National Defense Authorization - Act for Fiscal Year 2019 (Public Law 115-232), the Department - should take every possible action to increase the number of - Junior Reserve Officers' Training Corps units at schools around - the United States; and - (6) the desired number of Junior Reserve Officers' Training - Corps units should be at least 3,700 in order to relieve a - significant backlog in requests to establish such units. +``2564a. Provision of assistance for adaptive sports programs: members + of the armed forces; certain veterans.''. + SEC. 593. QUESTIONS IN SURVEYS REGARDING EXTREMIST ACTIVITY IN THE + WORKPLACE. + The Secretary of Defense shall include in appropriate surveys +administered by the Department of Defense questions regarding whether +respondents have ever-- + (1) experienced or witnessed extremist activity in the + workplace; or + (2) reported such activity. + SEC. 594. STUDY ON BEST PRACTICES FOR PROVIDING FINANCIAL LITERACY + EDUCATION FOR SEPARATING MEMBERS OF THE ARMED FORCES. + (a) Study Required.--The Secretary of Defense, and with respect to +members of the Coast Guard, in coordination with the Secretary of the +Department in which the Coast Guard is operating when it is not +operating as a service in the Navy, shall conduct a study on the best +practices to provide financial literacy education for separating +members of the Armed Forces. + (b) Elements.--The study required by subsection (a) shall include-- + (1) an examination, recommendations, and reporting on best + practices for providing financial literacy education to separating + members of the Armed Forces; and + (2) detailed current financial literacy programs for separating + members of the Armed Forces. + (c) Consultation.--In conducting the study required by subsection +(a), the Secretaries shall consult with the Financial Literacy and +Education Commission of the Department of the Treasury. + (d) Report.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +committees on Armed Services of the Senate and the House of +Representatives a report on the study under subsection (a). + (e) Financial Literacy Defined.--In this section, the term +``financial literacy'' means education regarding personal finance +including the insurance, credit, loan, banking, career training and +education benefits available to veterans. + SEC. 595. REPORT ON OVERSIGHT OF AUTHORIZED STRENGTHS OF CERTAIN + GRADES OF COMMISSIONED REGULAR AND RESERVE OFFICERS OF THE ARMED + FORCES. + (a) Report Required.--Not later than April 1, 2020, the Secretary +of Defense shall submit to the Committees on Armed Services of the +Senate and the House of Representatives a report on oversight of the +authorized strengths of commissioned regular officers of the Armed +Forces and commissioned reserve officers of the Armed Forces in the +grades as follows: + (1) The grades of major, lieutenant colonel, and colonel in the + Army, the Air Force, and the Marine Corps. + (2) The grades of lieutenant commander, commander, and captain + in the Navy. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) Such recommendations as the Secretary considers appropriate + on mechanisms to improve Department of Defense oversight, and + oversight by Congress, of the authorized strengths of commissioned + officers in the grades specified in subsection (a), including the + following: + (A) An analysis of the history of each military department + in complying with the authorized strengths and strengths in + grade specified in sections 523 and 12005 of title 10, United + States Code, including a description of-- + (i) the number of officers in each grade and Armed + Force concerned as of the end of each fiscal year between + fiscal year 2010 and fiscal year 2019; and + (ii) the number of officers authorized for such grade + and Armed Force as of the end of such fiscal year under the + applicable section. + (B) An assessment of the feasibility and advisability of + submitting to Congress each year a request for an authorization + for officers serving in the grades currently covered by the + tables in section 523 of title 10, United States Code. + (C) An assessment of the feasibility and advisability of + submitting to Congress each year a proposal for legislation to + update the tables in such section. + (D) An assessment of the advisability of converting the + authorization for end strengths for regular officers in the + grades specified in subsection (a) to a percentage-based + approach like that currently utilized for reserve officers in + section 12005 of title 10, United States Code. + (2) Such other recommendations as the Secretary considers + appropriate to improve the effectiveness of the oversight by + Congress of the number of commissioned regular and reserve officers + of the Armed Forces in the grades specified in subsection (a). + SEC. 596. REPORT ON CERTAIN WAIVERS. + (a) In General.--Not later than 120 days after the date of the +enactment of this Act, and annually thereafter during the two +subsequent calendar years, the Secretary of Defense shall submit to the +Committees on Armed Services of the House of Representatives and the +Senate a report identifying, with respect to the reporting period for +such report, and disaggregated by Armed Force, the following: + (1) Accession and commission.-- + (A) The number of individuals who were processed by a + Secretary of a military department for a medical accession or + commissioning qualification determination on or after April 12, + 2019. + (B) Of the individuals described in subparagraph (A), the + number of such individuals who were found medically + disqualified pursuant to the standards established in DTM-19- + 004 regarding enlistment in or commission as an officer of an + Armed Force under the jurisdiction of the Secretary of a + military department. + (C) Of the individuals described in subparagraph (A), the + number of such individuals-- + (i) described in section I.b.(1), 1.b(2), 1.b(3), or + II.b.(1) of attachment 3 to DTM-19-004; and + (ii) who did not require a waiver or exception to + standards described in subparagraph (B). + (D) Of the individuals described in subparagraph (C), the + number of such individuals who enlisted or were commissioned. + (E) Of the individuals described in subparagraph (B), the + number of such individuals who were considered for a waiver or + exception to standards described in subparagraph (B). + (F) Of the individuals described in subparagraph (E), the + number of such individuals who were denied such a waiver or + exception. + (G) Of the individuals described in subparagraph (E), the + number of such individuals who received such a waiver or + exception. + (H) Of the individuals described in subparagraph (G), the + number of such individuals who enlisted or were commissioned. + (2) Retention.-- + (A) The number of members of each Armed Force under the + jurisdiction of the Secretary of a military department who + received a diagnosis of gender dysphoria on or after April 12, + 2019. + (B) Of the members described in subparagraph (A), the + number of members who were-- + (i) referred to the Disability Evaluation System; or + (ii) subject to processing for administrative + separation based on conditions and circumstances not + constituting a physical disability that interfered with + assignment to or performance of duty. + (C) Of the members described in subparagraph (A), the + number of members who were subsequently considered for a waiver + or exception to standards established in DTM-19-004 to permit + those members to serve in other than the biological sex of each + such member. + (D) Of the members described in subparagraph (C), the + number of members who were granted such a waiver or exception. + (E) Of the members described in subparagraph (C), the + number of members who were denied such a waiver or exception. + (F) Of the members described in subparagraph (E), the + number of members who were discharged because of such denial, + aggregated by characterization of discharge. + (b) Protection of Certain Information.--No report submitted under +this section may contain any personally identifiable information or +protected health information of any individual. + (c) Definitions.--In this section: + (1) The term ``DTM-19-004'' means the memorandum-- + (A) issued by the Office of the Deputy Secretary of + Defense; + (B) dated March 12, 2019; and + (C) with the subject heading ``Directive-type Memorandum + (DTM)-19-004-Military Service by Transgender Persons and + Persons with Gender Dysphoria''. + (2) The terms ``exempt individuals'' and ``nonexempt + individuals'' have the meanings given those terms in attachment 3 + to DTM-19-004. + (3) The term ``reporting period'' means, with respect to a + report submitted under subsection (a), the calendar year most + recently completed before the date on which such report is to be + submitted. + SEC. 597. NOTIFICATIONS ON MANNING OF AFLOAT NAVAL FORCES. + (a) In General.--The Secretary of the Navy shall notify the +congressional defense committees, in writing, not later than 30 days +after the end of each fiscal year quarter, of each covered ship (if +any) that met either condition as follows: + (1) The manning fit for such ship was less than 87 percent for + more than 14 days during such fiscal year quarter. + (2) The manning fill for such ship was less than 90 percent for + more than 14 days during such fiscal year quarter. + (b) Elements.--The notification required by subsection (a) shall +include, with respect to a covered ship, the following: + (1) The name and hull number of the ship. + (2) The homeport location of the ship. + (3) The current manning fit and fill of the ship. + (4) If the lowest level of manning fit or manning fill for the + ship occurred during the fiscal year quarter concerned, the level + concerned and the date on which such level occurred. + (5) If the lowest level of manning fit or manning fill for the + ship is projected to occur after the fiscal year quarter concerned, + the projected level and the date on which such level is projected + to occur. + (6) If not achieved as of the date of the notification the + projected date on which the Navy will achieve a manning fit and + fill at least 87 percent and 90 percent, respectively, for the + ship. + (7) If not achieved as of the date of the notification, the + projected date on which the Navy will achieve a manning fit and + fill of at least 92 percent and 95 percent, respectively, for the + ship. + (8) A description of the reasons the Navy has not achieved, or + will not achieve, as applicable, manning fit and fill of at least + 87 percent and 90 percent, respectively, for the ship, including a + detailed description of the specific ratings or skillset areas that + must be manned to achieve those percentages. + (9) A description of corrective actions the Navy is taking to + improve manning fit or manning fill on the ship. + (c) Special Rule.--For purposes of determining whether a percentage +of manning fit or manning fill has been achieved, a sailor in a more +senior paygrade may count as filling the billet of a more junior +paygrade, but a sailor in a more junior paygrade may not count as +filling the billet of a more senior paygrade. + (d) Definitions.--In this section: + (1) Manning fit.--The term ``manning fit'', in the case of a + ship, means the skills (rating), specialty skills (Navy Enlisted + Classifications), and experience (paygrade) for the ship when + compared with the ship manpower document requirement and billets + authorized for such skills and experience. + (2) Manning fill.--The term ``manning fill'', in the case of a + ship, means the total number of military personnel assigned to the + ship by rating when compared with the ship manpower document + requirement and billets authorized for the ship by rating. + (3) Covered ship.--The term ``covered ship'' means a + commissioned battle force ship that is included in the battle force + count of the Naval Vessel Register. + (e) Sunset.--The requirement to submit notifications under +subsection (a) with respect to fiscal year quarters shall cease +beginning with fiscal year quarters in fiscal year 2025. + (f) Repeal of Superseded Requirements.--Section 525 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232; 132 Stat. 1757; 10 U.S.C. 8013 note) is repealed. + SEC. 598. REPORT REGARDING USE OF AERIAL SYSTEMS OF THE DEPARTMENT + OF DEFENSE TO SUPPORT AGENCIES OF STATES, TERRITORIES, AND THE + FEDERAL GOVERNMENT. + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the Chief of the National Guard Bureau, shall submit to the Committees +on Armed Services of the House of Representatives and the Senate a +report regarding the requirements, policies, and procedures governing +the use of manned and unmanned aerial systems of the Department of +Defense to support State and Federal agencies. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) A description of requirements for providing support to + State and Federal agencies that the Secretary considers appropriate + for planning, programming and budgeting resources. + (2) A description of manned and unmanned aerial systems that + the Secretary regularly provides to support State and Federal + agencies, including examples of support provided, and length of + time to approve requests. + (3) A list of requests for such aerial systems from State and + Federal agencies during fiscal year 2019 that the Secretary denied + and the reason each such request was disapproved. + (4) An overview of current policies and procedures governing + the use of such aerial systems by States and Federal agencies, + including-- + (A) procedures a State or Federal agency must follow to + obtain use of such aerial systems for natural disasters and + search and rescue operations; + (B) the typical amount of time needed to process such + requests, and whether such procedures can be streamlined; and + (C) to what extent different policies and procedures apply + to unmanned aerial systems versus manned aerial systems. + (5) A description of the different categories of unmanned + aerial systems of the Department of Defense, how such categories + are managed, and whether the criteria for such categories affect + the ability of the Secretary to use unmanned aerial systems to + support State or Federal agencies. + (6) An explanation of any restrictions on the use of such + unmanned aerial systems under-- + (A) the ``Guidance for the Domestic Use of Unmanned + Aircraft Systems in U.S. National Airspace'', dated August 18, + 2018; + (B) Department of Defense Instruction 3025.18 ``Defense + Support to Civil Authorities''; and + (C) other relevant guidance of the Department of Defense. + (7) Whether restrictions described in paragraph (6) apply + differently to regular members of the Armed Forces serving on + active duty and to members of the National Guard. + (8) Whether members of the National Guard may operate the + different categories of such unmanned aerial systems when operating + under section 502(f) of title 32, United States Code. + (9) An analysis of how the Secretary may improve access to and + knowledge of States and Federal agencies regarding the availability + of such unmanned aerial systems and related request procedures. + (10) Whether-- + (A) the Secretary has been unable to provide an unmanned + aerial system to support to a State agency at the request of + such State agency; and + (B) the Secretary has plans to make more unmanned aerial + systems available to fulfil such requests. + (11) Any other matters the Secretary determines appropriate. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (d) State Defined.--In this section, the term ``State'' has the +meaning given that term in section 901 of title 32, United States Code. + SEC. 599. INFORMATION FOR MEMBERS OF THE ARMED FORCES ON + AVAILABILITY OF SERVICES OF THE DEPARTMENT OF VETERANS AFFAIRS + RELATING TO SEXUAL TRAUMA. + (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 of the Department of Veterans +Affairs relating to sexual trauma. + (b) Information From Sexual Assault Response Coordinators.--The +Secretary of Defense shall ensure-- + (1) that Sexual Assault Response Coordinators and uniformed + victims advocates of the Department of Defense advise members of + the Armed Forces who report instances of sexual trauma regarding + the eligibility of such members for services at the Department of + Veterans Affairs; and + (2) that such information is included in mandatory training + materials. + (c) Sexual Trauma Defined.--In this section, the term ``sexual +trauma'' means psychological trauma described in section 1720D(a)(1) of +title 38, United States Code. +SEC. 599A. AUTHORITY TO ISSUE AN HONORARY PROMOTION TO COLONEL CHARLES +E. MCGEE, UNITED STATES AIR FORCE (RET.), TO THE GRADE OF BRIGADIER +GENERAL. + (a) In General.--Pursuant to section 1563 of title 10, United +States Code, the President may issue to Colonel Charles E. McGee, +United States Air Force (retired), a distinguished Tuskegee Airman, an +honorary promotion to the grade of brigadier general. + (b) Additional Benefits Not to Accrue.--The advancement of Charles +E. McGee on the retired list of the Air Force under subsection (a) +shall not affect the retired pay or other benefits from the United +States to which Charles E. McGee is entitled based upon his military +service, or affect any benefits to which any other person is or may +become entitled based on such military service. +SEC. 599B. AUTHORITY TO ISSUE AN HONORARY AND POSTHUMOUS PROMOTION TO +LIEUTENANT COLONEL RICHARD COLE, UNITED STATES AIR FORCE (RET.), TO THE +GRADE OF COLONEL. + (a) In General.--Pursuant to section 1563 of title 10, United +States Code, the President may issue to Lieutenant Colonel Richard E. +Cole, United States Air Force (retired), an honorary and posthumous +promotion to the grade of colonel. + (b) Additional Benefits Not to Accrue.--The advancement of Richard +E. Cole on the retired list of the Air Force under subsection (a) shall +not affect the retired pay or other benefits from the United States to +which Richard E. Cole would have been entitled based upon his military +service, or affect any benefits to which any other person is or may +become entitled based on such military service. +SEC. 599C. SENSE OF CONGRESS ON THE HONORABLE AND DISTINGUISHED SERVICE +OF GENERAL JOSEPH F. DUNFORD, UNITED STATES MARINE CORPS, TO THE UNITED +STATES. + It is the sense of Congress that-- + (1) the United States deeply appreciates the decades of + honorable service of General Joseph F. Dunford, United States + Marine Corps; and + (2) the indispensable leadership of General Dunford and his + dedication to the men and women of the Armed Forces demonstrates + the finest example of service to the United States. - TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS + TITLE VI--MILITARY COMPENSATION Subtitle A--Pay and Allowances -SEC. 601. EXPANSION OF ELIGIBILITY FOR EXCEPTIONAL TRANSITIONAL - COMPENSATION FOR DEPENDENTS TO DEPENDENTS OF CURRENT - MEMBERS. +Sec. 601. Clarification of continuation of pays during hospitalization + and rehabilitation resulting from wounds, injury, or illness + incurred while on duty in a hostile fire area or exposed to an + event of hostile fire or other hostile action. +Sec. 602. Continued entitlements while a member of the Armed Forces + participates in a career intermission program. +Sec. 603. Exemption from repayment of voluntary separation pay. +Sec. 604. Consideration of service on active duty to reduce age of + eligibility for retired pay for non-regular service. +Sec. 605. Temporary adjustment of rates of basic allowance for housing + following determination that local civilian housing costs + significantly differ from such rates. +Sec. 606. Reinvestment of travel refunds by the Department of Defense. +Sec. 607. Addition of partial dislocation allowance to allowable travel + and transportation expenses for servicemembers. +Sec. 608. Reductions on account of earnings from work performed while + entitled to an annuity supplement. +Sec. 609. Increase in basic pay. + + Subtitle B--Bonuses and Special Incentive Pays - Section 1059(m) of title 10, United States Code, is amended-- - (1) in the subsection heading, by inserting ``Members or'' - after ``Dependents of''; - (2) by inserting ``member or'' before ``former member'' - each place it appears; - (3) by redesignating paragraph (3) as paragraph (4); and - (4) by inserting after paragraph (2) the following new - paragraph (3): - ``(3) For purposes of the provision of benefits under this section -pursuant to this subsection, a member shall be considered separated -from active duty upon the earliest of-- - ``(A) the date an administrative separation is initiated by - a commander of the member; - ``(B) the date the court-martial sentence is adjudged if - the sentence, as adjudged, includes a dismissal, dishonorable - discharge, bad conduct discharge, or forfeiture of all pay and - allowances; or - ``(C) the date the member's term of service expires.''. - - Subtitle B--Bonuses and Special and Incentive Pays - -SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY - AUTHORITIES. - - (a) Authorities Relating To Reserve Forces.--Section 910(g) of -title 37, United States Code, relating to income replacement payments -for reserve component members experiencing extended and frequent -mobilization for active duty service, is amended by striking ``December -31, 2019'' and inserting ``December 31, 2020''. - (b) Title 10 Authorities Relating to Health Care Professionals.-- -The following sections of title 10, United States Code, are amended by -striking ``December 31, 2019'' and inserting ``December 31, 2020'': - (1) Section 2130a(a)(1), relating to nurse officer - candidate accession program. - (2) Section 16302(d), relating to repayment of education - loans for certain health professionals who serve in the - Selected Reserve. - (c) Authorities Relating to Nuclear Officers.--Section 333(i) of -title 37, United States Code, is amended by striking ``December 31, -2019'' and inserting ``December 31, 2020''. - (d) Authorities Relating to Title 37 Consolidated Special Pay, -Incentive Pay, and Bonus Authorities.--The following sections of title -37, United States Code, are amended by striking ``December 31, 2019'' -and inserting ``December 31, 2020'': - (1) Section 331(h), relating to general bonus authority for - enlisted members. - (2) Section 332(g), relating to general bonus authority for - officers. - (3) Section 334(i), relating to special aviation incentive - pay and bonus authorities for officers. - (4) Section 335(k), relating to special bonus and incentive - pay authorities for officers in health professions. - (5) Section 336(g), relating to contracting bonus for - cadets and midshipmen enrolled in the Senior Reserve Officers' - Training Corps. - (6) Section 351(h), relating to hazardous duty pay. - (7) Section 352(g), relating to assignment pay or special - duty pay. - (8) Section 353(i), relating to skill incentive pay or - proficiency bonus. - (9) Section 355(h), relating to retention incentives for - members qualified in critical military skills or assigned to - high priority units. - (e) Authority to Provide Temporary Increase in Rates of Basic -Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States -Code, is amended by striking ``December 31, 2019'' and inserting -``December 31, 2020''. - - Subtitle C--Travel and Transportation Allowances - -SEC. 621. EXTENSION OF PILOT PROGRAM ON A GOVERNMENT LODGING PROGRAM. - - Section 914(b) of the Carl Levin and Howard P. ``Buck'' McKeon -National Defense Authorization Act for Fiscal Year 2015 (5 U.S.C. 5911 -note) is amended by striking ``December 31, 2019'' and inserting -``December 31, 2020''. +Sec. 611. One-year extension of certain expiring bonus and special pay + authorities. + + Subtitle C--Family and Survivor Benefits + +Sec. 621. Expansion of eligibility for exceptional transitional + compensation for dependents to dependents of current members. +Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor + annuities by amount of dependency and indemnity compensation. +Sec. 623. Death gratuity for ROTC graduates. +Sec. 624. Expansion of authority to provide financial assistance to + civilian providers of child care services or youth program + services who provide such services to survivors of members of + the Armed Forces who die in combat in the line of duty. +Sec. 625. Casualty assistance for survivors of deceased ROTC graduates. + + Subtitle D--Defense Resale Matters + +Sec. 631. Defense resale system matters. +Sec. 632. Procurement by commissary stores of certain locally sourced + products. +Sec. 633. GAO review of defense resale optimization study. + + Subtitle E--Morale, Welfare, and Recreation Privileges + +Sec. 641. Extension of certain morale, welfare, and recreation + privileges to Foreign Service officers on mandatory home + leave. +Sec. 642. Extension of pilot program on a Government lodging program. + + Subtitle F--Reports and Other Matters + +Sec. 651. Annual reports on approval of employment or compensation of + retired general or flag officers by foreign governments for + emoluments clause purposes. +Sec. 652. Report regarding transition from overseas housing allowance to + basic allowance for housing for servicemembers in the + territories. +Sec. 653. 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. +Sec. 654. Study regarding recoupment of separation pay, special + separation benefits, and voluntary separation incentive + payments from members of the Armed Forces and veterans who + receive disability compensation under laws administered by the + Secretary of Veterans Affairs. +Sec. 655. Report on implementation of contributions to the Department of + Defense Military Retirement Fund based on pay costs per Armed + Force rather than on Armed Forces-wide basis. +Sec. 656. Report on food insecurity among members of the Armed Forces + and their dependents. -SEC. 622. REINVESTMENT OF TRAVEL REFUNDS BY THE DEPARTMENT OF DEFENSE. + Subtitle A--Pay and Allowances + SEC. 601. CLARIFICATION OF CONTINUATION OF PAYS DURING + HOSPITALIZATION AND REHABILITATION RESULTING FROM WOUNDS, INJURY, + OR ILLNESS INCURRED WHILE ON DUTY IN A HOSTILE FIRE AREA OR + EXPOSED TO AN EVENT OF HOSTILE FIRE OR OTHER HOSTILE ACTION. + Section 372(b)(1) of title 37, United States Code, is amended to +read as follows: + ``(1) The date on which the member is returned for assignment + to other than a medical or patient unit for duty; however, in the + case of a member under the jurisdiction of a Secretary of a + military department, the date on which the member is determined fit + for duty.''. + SEC. 602. CONTINUED ENTITLEMENTS WHILE A MEMBER OF THE ARMED FORCES + PARTICIPATES IN A CAREER INTERMISSION PROGRAM. + Section 710(h) of title 10, United States Code, is amended-- + (1) in paragraph (1), by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (2), by striking the period and inserting a + semicolon; and + (3) by adding at the end the following new paragraphs: + ``(3) the entitlement of the member and of the survivors of the + member to all death benefits under the provisions of chapter 75 of + this title; + ``(4) the provision of all travel and transportation allowances + for the survivors of deceased members to attend burial ceremonies + under section 481f of title 37; and + ``(5) the eligibility of the member for general benefits as + provided in part II of title 38.''. + SEC. 603. EXEMPTION FROM REPAYMENT OF VOLUNTARY SEPARATION PAY. + Section 1175a(j) of title 10, United States Code, is amended-- + (1) in paragraph (1), by striking ``paragraphs (2) and (3)'' + and inserting ``paragraphs (2), (3), and (4)''; + (2) by redesignating paragraph (4) as paragraph (5); and + (3) by inserting after paragraph (3) the following new + paragraph: + ``(4) This subsection shall not apply to a member who-- + ``(A) is involuntarily recalled to active duty or full-time + National Guard duty; and + ``(B) in the course of such duty, incurs a service-connected + disability rated as total under section 1155 of title 38.''. + SEC. 604. CONSIDERATION OF SERVICE ON ACTIVE DUTY TO REDUCE AGE OF + ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE. + Section 12731(f)(2)(B)(i) of title 10, United States Code, is +amended by striking ``under a provision of law referred to in section +101(a)(13)(B) or under section 12301(d)'' and inserting ``under section +12301(d) or 12304b of this title, or under a provision of law referred +to in section 101(a)(13)(B)''. + SEC. 605. TEMPORARY ADJUSTMENT OF RATES OF BASIC ALLOWANCE FOR + HOUSING FOLLOWING DETERMINATION THAT LOCAL CIVILIAN HOUSING COSTS + SIGNIFICANTLY DIFFER FROM SUCH RATES. + Section 403(b) of title 37, United States Code, is amended by +adding at the end the following new paragraph: + ``(8)(A) The Secretary of Defense may prescribe a temporary +adjustment in the current rates of basic allowance for housing for a +military housing area or a portion thereof (in this paragraph, `BAH +rates') if the Secretary determines that the actual costs of adequate +housing for civilians in that military housing area or portion thereof +differs from the current BAH rates by more than 20 percent. + ``(B) Any temporary adjustment in BAH rates under this paragraph +shall remain in effect only until the effective date of the first +adjustment of BAH rates for the affected military housing area that +occurs after the date of the adjustment under this paragraph. + ``(C) This paragraph shall cease to be effective on September 30, +2022.''. + SEC. 606. REINVESTMENT OF TRAVEL REFUNDS BY THE DEPARTMENT OF + DEFENSE. (a) Refunds for Official Travel.--Subchapter I of chapter 8 of title 37, United States Code, is amended by adding at the end the following new section: @@ -7810,277 +13120,623 @@ collected. only be used for official travel or operations and efficiency improvements for improved financial management of official travel. ``(c) Definitions.--In this section: - ``(1) Managed travel program.--The term `managed travel - program' includes air, rental car, train, bus, dining, lodging, - and travel management, but does not include rebates or refunds - attributable to the use of the Government travel card, the - Government Purchase Card, or Government travel arranged by - Government Contracted Travel Management Centers. - ``(2) Refund.--The term `refund' includes miscellaneous - receipts credited to the Department identified as a refund, - rebate, repayment, or other similar amounts collected.''. + ``(1) Managed travel program.--The term `managed travel + program' includes air, rental car, train, bus, dining, lodging, and + travel management, but does not include rebates or refunds + attributable to the use of the Government travel card, the + Government Purchase Card, or Government travel arranged by + Government Contracted Travel Management Centers. + ``(2) Refund.--The term `refund' includes miscellaneous + receipts credited to the Department identified as a refund, rebate, + repayment, or other similar amounts collected.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 8 of such title is amended by inserting after the item relating to section 455 the following new item: ``456. Managed travel program refunds.''. + (c) Clarification on Retention of Travel Promotional Items.-- Section 1116(a) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 5 U.S.C. 5702 note) is amended-- - (1) by striking ``Definition.--In this section, the term'' - and inserting the following: ``Definitions.--In this section: - ``(1) The term''; and - (2) by adding at the end the following new paragraph: - ``(2) The term `general public' includes the Federal - Government or an agency.''. - - Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits - -SEC. 631. CONTRIBUTIONS TO DEPARTMENT OF DEFENSE MILITARY RETIREMENT - FUND BASED ON PAY COSTS PER ARMED FORCE RATHER THAN ON - ARMED FORCES-WIDE BASIS. - - (a) Determination of Contributions Generally.--Section 1465(c) of -title 10, United States Code, is amended-- - (1) in paragraph (1)-- - (A) in subparagraph (A), by striking ``single level - percentage of basic pay for active duty (other than the - Coast Guard) and for full-time National Guard duty'' - and inserting ``percentage of basic pay for each armed - force (other than the Coast Guard) and for any full- - time National Guard duty''; - (B) in subparagraph (B)-- - (i) by striking ``single level''; and - (ii) by striking ``members of the Selected - Reserve of the armed forces (other than the - Coast Guard)'' and inserting ``each armed force - (other than the Coast Guard) for members of the - Selected Reserve''; and - (C) in the flush matter following subparagraph (B), - by striking ``single level''; and - (2) in paragraph (4)-- - (A) by striking ``a single level percentage - determined'' both places it appears and inserting - ``percentages''; and - (B) in the flush matter following subparagraph (B), - by striking ``single level''. - (b) Conforming Amendments.-- - (1) Determination of contributions.--Section 1465(b) of - title 10, United States Code, is amended-- - (A) in paragraph (1)-- - (i) in subparagraph (A)-- - (I) in the matter preceding clause - (i), by striking ``product'' and - inserting ``aggregate of the - products''; - (II) in clause (i), by striking - ``single level percentage of basic - pay'' and inserting ``percentage of - basic pay for each armed force (other - than the Coast Guard)''; and - (III) in clause (ii), by striking - ``for active duty (other than the Coast - Guard) and for full-time National Guard - duty'' and inserting ``for such armed - force for active duty and for any full- - time National Guard duty''; and - (ii) in subparagraph (B)-- - (I) in the matter preceding clause - (i), by striking ``product'' and - inserting ``aggregate of the - products''; - (II) in clause (i), by striking - ``single level percentage of basic pay - and of compensation (paid pursuant to - section 206 of title 37)'' and - inserting ``percentage of basic pay and - of compensation (paid pursuant to - section 206 of title 37) for each armed - force (other than the Coast Guard)''; - and - (III) in clause (ii), by striking - ``the armed forces (other than the - Coast Guard)'' and inserting ``such - armed force''; and - (B) in paragraph (3), by striking ``single level''. - (2) Payments of contributions.--Section 1466(a) of such - title is amended-- - (A) in paragraph (1)-- - (i) in the matter preceding subparagraph - (A), by striking ``product'' and inserting - ``aggregate of the products''; - (ii) in subparagraph (A), by striking - ``level percentage of basic pay'' and inserting - ``percentage of basic pay for each armed force - (other than the Coast Guard)''; and - (iii) in subparagraph (B), by striking - ``for active duty (other than for the Coast - Guard) and for full-time National Guard duty'' - and inserting ``for such armed force for active - duty and for any full-time National Guard - duty''; and - (B) in paragraph (2)-- - (i) in the matter preceding subparagraph - (A), by striking ``product'' and inserting - ``aggregate of the products''; - (ii) in subparagraph (A), by striking - ``level percentage of basic pay and of - compensation (paid pursuant to section 206 of - title 37)'' and inserting ``percentage of basic - pay and of compensation (paid pursuant to - section 206 of title 37) for each armed force - (other than the Coast Guard)''; and - (iii) in subparagraph (B), by striking - ``the armed forces (other than the Coast - Guard)'' and inserting ``such armed force''. - (c) Effective Date.--The amendments made by this section shall take -effect on October 1, 2019, and shall apply with respect to -determinations of contributions to the Department of Defense Military -Retirement Fund, and payments into the Fund, beginning with fiscal year -2021. - -SEC. 632. MODIFICATION OF AUTHORITIES ON ELIGIBILITY FOR AND - REPLACEMENT OF GOLD STAR LAPEL BUTTONS. - - (a) Expansion of Authority To Determine Next of Kin for Issuance.-- -Section 1126 of title 10, United States Code, is amended-- - (1) in subsection (a), by striking ``widows, parents, and'' - in the matter preceding paragraph (1); - (2) in subsection (b), by striking ``the widow and to each - parent and'' and inserting ``each''; and - (3) in subsection (d)-- - (A) by striking paragraphs (1), (2), (3), and (4) - and inserting the following new paragraph (1): - ``(1) The term `next of kin' means individuals standing in - such relationship to members of the armed forces described in - subsection (a) as the Secretaries concerned shall jointly - specify in regulations for purposes of this section.''; and - (B) by redesignating paragraphs (5), (6), (7), and - (8) as paragraphs (2), (3), (4), and (5), respectively. - (b) Replacement.--Subsection (c) of such section is amended by -striking ``and payment'' and all that follows and inserting ``and -without cost.''. - - Subtitle E--Commissary and Non-Appropriated Fund Instrumentality - Benefits and Operations + (1) by striking ``Definition.--In this section, the term'' and + inserting the following: ``Definitions.--In this section: + ``(1) The term''; and + (2) by adding at the end the following new paragraph: + ``(2) The term `general public' includes the Federal Government + or an agency.''. + SEC. 607. ADDITION OF PARTIAL DISLOCATION ALLOWANCE TO ALLOWABLE + TRAVEL AND TRANSPORTATION EXPENSES FOR SERVICEMEMBERS. + (a) Current Authority.--Section 477(f)(1) of title 37, United +States Code, is amended by striking ``family''. + (b) Future Authority.--Section 452(c) of title 37, 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) A partial dislocation allowance paid to a member ordered + to occupy or vacate housing provided by the United States.''. + SEC. 608. REDUCTIONS ON ACCOUNT OF EARNINGS FROM WORK PERFORMED + WHILE ENTITLED TO AN ANNUITY SUPPLEMENT. + Section 8421a(c) of title 5, United States Code, is amended-- + (1) by striking ``full-time as an air traffic control + instructor'' and inserting ``as an air traffic control instructor, + or supervisor thereof,''; and + (2) by inserting ``or supervisor'' after ``an instructor''. + SEC. 609. INCREASE IN BASIC PAY. + Effective on January 1, 2020, the rates of monthly basic pay for +members of the uniformed services are increased by 3.1 percent. + + Subtitle B--Bonuses and Special Incentive Pays + + SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL + PAY AUTHORITIES. + (a) Authorities Relating To Reserve Forces.--Section 910(g) of +title 37, United States Code, relating to income replacement payments +for reserve component members experiencing extended and frequent +mobilization for active duty service, is amended by striking ``December +31, 2019'' and inserting ``December 31, 2020''. + (b) Title 10 Authorities Relating to Health Care Professionals.-- +The following sections of title 10, United States Code, are amended by +striking ``December 31, 2019'' and inserting ``December 31, 2020'': + (1) Section 2130a(a)(1), relating to nurse officer candidate + accession program. + (2) Section 16302(d), relating to repayment of education loans + for certain health professionals who serve in the Selected Reserve. + (c) Authorities Relating to Nuclear Officers.--Section 333(i) of +title 37, United States Code, is amended by striking ``December 31, +2019'' and inserting ``December 31, 2020''. + (d) Authorities Relating to Title 37 Consolidated Special Pay, +Incentive Pay, and Bonus Authorities.--The following sections of title +37, United States Code, are amended by striking ``December 31, 2019'' +and inserting ``December 31, 2020'': + (1) Section 331(h), relating to general bonus authority for + enlisted members. + (2) Section 332(g), relating to general bonus authority for + officers. + (3) Section 334(i), relating to special aviation incentive pay + and bonus authorities for officers. + (4) Section 335(k), relating to special bonus and incentive pay + authorities for officers in health professions. + (5) Section 336(g), relating to contracting bonus for cadets + and midshipmen enrolled in the Senior Reserve Officers' Training + Corps. + (6) Section 351(h), relating to hazardous duty pay. + (7) Section 352(g), relating to assignment pay or special duty + pay. + (8) Section 353(i), relating to skill incentive pay or + proficiency bonus. + (9) Section 355(h), relating to retention incentives for + members qualified in critical military skills or assigned to high + priority units. + (e) Authority to Provide Temporary Increase in Rates of Basic +Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States +Code, is amended by striking ``December 31, 2019'' and inserting +``December 31, 2020''. -SEC. 641. DEFENSE RESALE SYSTEM MATTERS. + Subtitle C--Family and Survivor Benefits + SEC. 621. EXPANSION OF ELIGIBILITY FOR EXCEPTIONAL TRANSITIONAL + COMPENSATION FOR DEPENDENTS TO DEPENDENTS OF CURRENT MEMBERS. + Section 1059(m) of title 10, United States Code, is amended-- + (1) in the subsection heading, by inserting ``Members or'' + after ``Dependents of''; + (2) by inserting ``member or'' before ``former member'' each + place it appears; + (3) by redesignating paragraph (3) as paragraph (4); and + (4) by inserting after paragraph (2) the following new + paragraph (3): + ``(3) For purposes of the provision of benefits under this section +pursuant to this subsection, a member shall be considered separated +from active duty upon the earliest of-- + ``(A) the date an administrative separation is initiated by a + commander of the member; + ``(B) the date the court-martial sentence is adjudged if the + sentence, as adjudged, includes a dismissal, dishonorable + discharge, bad conduct discharge, or forfeiture of all pay and + allowances; or + ``(C) the date the member's term of service expires.''. + SEC. 622. PHASE-OUT OF REDUCTION OF SURVIVOR BENEFIT PLAN SURVIVOR + ANNUITIES BY AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION. + (a) Phase-out.--Subchapter II of chapter 73 of title 10, United +States Code, is amended as follows: + (1) In general.--In section 1450(c)(1)-- + (A) by striking ``that the annuity otherwise payable under + this section would exceed that compensation.'' and inserting + ``calculated as follows:''; and + (B) by adding at the end the following: + ``(A) During the period beginning on January 1, 2020, and + ending on December 31, 2020, the amount that the annuity + otherwise payable under this section would exceed such + dependency and indemnity compensation. + ``(B) During the period beginning on January 1, 2021, and + ending on December 31, 2021, the amount that the annuity + otherwise payable under this section would exceed two-thirds of + such dependency and indemnity compensation. + ``(C) During the period beginning on January 1, 2022, and + ending on December 31, 2022, the amount that the annuity + otherwise payable under this section would exceed one-third of + such dependency and indemnity compensation. + ``(D) On and after January 1, 2023, the full amount of the + annuity under this section.''. + (2) Conforming amendment.--In section 1451(c)(2), by inserting + ``a portion (calculated under section 1450(c) of this title) of'' + before ``the amount''. + (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)(2) of such title is amended-- + (1) by striking ``Dependent children.--'' and all that follows + through ``In the case of a member described in paragraph (1),'' and + inserting ``Dependent children.--In the case of a member described + in paragraph (1),''; and + (2) 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 first day of the first month that +begins after the date of the enactment of this Act, except subsections +(d) and (e) of this section and the amendments made thereby shall take +effect on January 1, 2023. + SEC. 623. DEATH GRATUITY FOR ROTC GRADUATES. + (a) In General.--Section 1475(a)(4) of title 10, United States +Code, is amended by adding ``; or a graduate of a reserve officers' +training corps who has received a commission but has yet to receive a +first duty assignment; or'' at the end. + (b) Effective Date.--The amendment under subsection (a) applies to +deaths that occur on or after the date of the enactment of this Act. + SEC. 624. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO + CIVILIAN PROVIDERS OF CHILD CARE SERVICES OR YOUTH PROGRAM + SERVICES WHO PROVIDE SUCH SERVICES TO SURVIVORS OF MEMBERS OF THE + ARMED FORCES WHO DIE IN COMBAT IN THE LINE OF DUTY. + Section 1798(a) of title 10, United States Code, is amended by +inserting ``, survivors of members of the armed forces who die in +combat-related incidents in the line of duty,'' after ``armed forces''. + SEC. 625. CASUALTY ASSISTANCE FOR SURVIVORS OF DECEASED ROTC + GRADUATES. + Section 633 of the National Defense Authorization Act for Fiscal +Year 2014 (10 U.S.C. 1475 note) is amended by adding at the end the +following new subsection: + ``(c) ROTC Graduates.-- + ``(1) Treated as members.--For purposes of this section, a + graduate of a reserve officers' training corps who receives a + commission and who dies before receiving a first duty assignment + shall be treated as a member of the Armed Forces who dies while on + active duty. + ``(2) Effective date.--This subsection applies to deaths on or + after the date of the enactment of the National Defense + Authorization Act for Fiscal Year 2020.''. + + Subtitle D--Defense Resale Matters + + SEC. 631. DEFENSE RESALE SYSTEM MATTERS. (a) In General.--The Under Secretary of Defense for Personnel and Readiness shall, in coordination with the Chief Management Officer of the Department of Defense, maintain oversight of business transformation efforts of the defense commissary system and the -exchange store system in order to ensure the following: - (1) Development of an intercomponent business strategy that - maximizes efficiencies and results in a viable defense resale - system in the future. - (2) Preservation of patron savings and satisfaction from - and in the defense commissary system and exchange stores - system. - (3) Sustainment of financial support of the defense - commissary and exchange systems for morale, welfare, and - recreation (MWR) services of the Armed Forces. +exchange stores system in order to ensure the following: + (1) Development of an intercomponent business strategy that + maximizes efficiencies and results in a viable defense resale + system in the future. + (2) Preservation of patron savings and satisfaction from and in + the defense commissary system and exchange stores system. + (3) Sustainment of financial support of the defense commissary + and exchange systems for morale, welfare, and recreation (MWR) + services of the Armed Forces. (b) Executive Resale Board Advice on Operations of Systems.--The Executive Resale Board of the Department of Defense shall advise the Under Secretary on the implementation of sustainable, complementary operations of the defense commissary system and the exchange stores system. - (c) Practices and Services.-- - (1) In general.--The Secretary of Defense shall, acting - through the Under Secretary and with advice from the Executive - Resale Board, require the Defense Commissary Agency and the - Military Exchange Service to identify and implement practices - and services described in paragraph (2) across the defense - resale system. - (2) Practices and services.--Practices and services - described in this paragraph shall include the following: - (A) Best commercial business practices. - (B) Shared-services systems that increase - efficiencies across the defense resale system, - including in transportation of goods, application-based - marketing initiatives and other mobile electronic- - commerce programs, facilities construction, back-office - information technology systems, human resource - management, legal services, financial services, and - advertising. - (C) Integration of services provided by the - exchange stores system within commissary system - facilities, as appropriate, including services such as - dry cleaning, health and wellness activities, - pharmacies, urgent care centers, food, and other retail - services. - (d) Information Technology Modernization.--The Secretary shall, -acting through the Under Secretary and with advice from the Executive -Resale Board, require the Defense Commissary Agency and the Military -Exchange Service to do as follows: - (1) Field new technologies and best business practices for - information technology for the defense resale system. - (2) Implement cutting-edge marketing opportunities across - the defense resale system. - (e) Inclusion of Advertising in Operating Expenses of Commissary + (c) Information Technology Modernization.--The Secretary of Defense +shall, acting through the Under Secretary and with advice from the +Executive Resale Board, require the Defense Commissary Agency and the +Military Exchange Service to do as follows: + (1) Field new technologies and best business practices for + information technology for the defense resale system. + (2) Implement cutting-edge marketing opportunities across the + defense resale system. + (d) Inclusion of Advertising in Operating Expenses of Commissary Stores.--Section 2483(b) of title 10, United States Code, is amended by adding at the end the following paragraph: - ``(7) Advertising of commissary sales on materials - available within commissary stores and at other on-base - locations.''. + ``(7) Advertising of commissary sales on materials available + within commissary stores and at other on-base locations.''. + SEC. 632. PROCUREMENT BY COMMISSARY STORES OF CERTAIN LOCALLY + SOURCED PRODUCTS. + The Secretary of Defense shall ensure that the dairy products and +fruits and vegetables procured for commissary stores under the defense +commissary system are, to the extent practicable and while maintaining +mandated patron savings, locally sourced in order to ensure the +availability of the freshest possible dairy products and fruits and +vegetables for patrons of the stores. + SEC. 633. GAO REVIEW OF DEFENSE RESALE OPTIMIZATION STUDY. + (a) Review.--The Comptroller General of the United States shall +conduct a review of the business case analysis performed as part of the +defense resale optimization study conducted by the Reform Management +Group, titled ``Study to Determine the Feasibility of Consolidation of +the Defense Resale Entities'' and dated December 4, 2018. + (b) Reports Required; Elements.--Not later than March 1, 2020, and +June 1, 2020, the Comptroller General shall submit to the Committees on +Armed Services of the Senate and the House of Representatives an +interim report and a final report, respectively, regarding the review +performed under this section. Each report shall include evaluations of +the following: + (1) The descriptions and justifications for the assumptions, + analytical choices and data used by the Reform Management Group to + calculate: + (A) Pricing. + (B) Sales assumptions. + (C) Accuracy of methods employed to measure patron savings + levels. + (2) The timetable for consolidation of military exchanges and + commissaries. + (3) The recommendations for consolidation developed as part of + the business case analysis, including the overall cost of + consolidation. + (4) The budget and oversight implications of merging non- + appropriated funds and appropriated funds to implement the + recommended reforms. + (5) The extent to which the Reform Management Group coordinated + with the Secretaries of the military departments and the chiefs of + the Armed Forces in preparing the study. + (6) The extent to which the Reform Management Group addressed + concerns of the Secretaries of the military departments and the + chiefs of the Armed Forces in the study. + (7) If the recommendations in the business case analysis were + implemented-- + (A) the ability of military exchanges and commissaries to + provide earnings to support on-base morale, welfare, and + recreation programs; and + (B) the financial viability of the military exchanges and + commissaries. + (c) Delay on Consolidation.--The Secretary of Defense may not take +any action to consolidate military exchanges and commissaries until the +Committees on Armed Services of the Senate and the House of +Representatives notify the Secretary in writing of receipt and +acceptance of the findings of the Comptroller General in the reports +required under this section. -SEC. 642. TREATMENT OF FEES ON SERVICES PROVIDED AS SUPPLEMENTAL FUNDS - FOR COMMISSARY OPERATIONS. + Subtitle E--Morale, Welfare, and Recreation Privileges - Section 2483(c) of title 10, United States Code, is amended by -inserting ``fees on services provided,'' after ``handling fees for -tobacco products,''. + SEC. 641. EXTENSION OF CERTAIN MORALE, WELFARE, AND RECREATION + PRIVILEGES TO FOREIGN SERVICE OFFICERS ON MANDATORY HOME LEAVE. + (a) In General.--Section 1065 of title 10, United States Code, as +added by section 621 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is +amended-- + (1) in the heading, by striking ``veterans and caregivers for + veterans'' and inserting ``veterans, caregivers for veterans, and + Foreign Service officers''; + (2) by redesignating subsections (f) and (g) as subsections (g) + and (h), respectively; + (3) by inserting after subsection (e) the following new + subsection (f): + ``(f) Eligibility of Foreign Service Officers on Mandatory Home +Leave.--A Foreign Service officer on mandatory home leave may be +permitted to use military lodging referred to in subsection (h).''; and + (4) in subsection (h), as redesignated by paragraph (2), by + adding at the end the following new paragraphs: + ``(5) The term `Foreign Service officer' has the meaning given + that term in section 103 of the Foreign Service Act of 1980 (22 + U.S.C. 3903). + ``(6) The term `mandatory home leave' means leave under section + 903 of the Foreign Service Act of 1980 (22 U.S.C. 4083).''. + (b) Effective Date.--The amendments made by this section shall take +effect on January 1, 2020, as if originally incorporated in section 621 +of Public Law 115-232. + SEC. 642. EXTENSION OF PILOT PROGRAM ON A GOVERNMENT LODGING + PROGRAM. + Section 914(b) of the Carl Levin and Howard P. ``Buck'' McKeon +National Defense Authorization Act for Fiscal Year 2015 (5 U.S.C. 5911 +note) is amended by striking ``December 31, 2019'' and inserting +``December 31, 2020''. -SEC. 643. PROCUREMENT BY COMMISSARY STORES OF CERTAIN LOCALLY SOURCED - PRODUCTS. + Subtitle F--Reports and Other Matters - The Secretary of Defense shall ensure that the dairy products and -fruits and vegetables procured for commissary stores under the defense -commissary system are, to the extent practicable, locally sourced in -order to ensure the availability of the freshest possible dairy -products and fruits and vegetables for patrons of the stores. + SEC. 651. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR COMPENSATION + OF RETIRED GENERAL OR FLAG OFFICERS BY FOREIGN GOVERNMENTS FOR + EMOLUMENTS CLAUSE PURPOSES. + (a) Annual Reports.--Section 908 of title 37, United States Code is +amended-- + (1) by redesignating subsection (c) as subsection (d); and + (2) by inserting after subsection (b) the following new + subsection (c): + ``(c) Annual Reports on Approvals for Retired General and Flag +Officers.--Not later than January 31 each year, the Secretaries of the +military departments, after consulting with the Secretary of State, +shall jointly submit to the Committees on Armed Services of the Senate +and House of Representatives a report on each approval under subsection +(b) for employment or compensation described in subsection (a) for a +retired member of the armed forces in general or flag officer grade +that was issued during the preceding year.''. + (b) Scope of First Report.--The first report submitted pursuant to +subsection (c) of section 908 of title 37, United States Code (as +amended by subsection (a) of this section), after the date of the +enactment of this Act shall cover the five-year period ending with the +year before the year in which such report is submitted. + SEC. 652. REPORT REGARDING TRANSITION FROM OVERSEAS HOUSING + ALLOWANCE TO BASIC ALLOWANCE FOR HOUSING FOR SERVICEMEMBERS IN + THE TERRITORIES. + Not later than February 1, 2020, the Secretary of Defense shall +submit a report to the congressional defense committees regarding the +recommendation of the Secretary whether members of the uniformed +services located in the territories of the United States and who +receive the overseas housing allowance should instead receive the basic +allowance for housing to ensure the most appropriate housing +compensation for such members and their families. + SEC. 653. 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 334, + 334a, and 351 of title 37, United States Code, at the same rate as + members on active duty, regardless of the 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 feasible and advisable, such + recommendations as the Secretary considers appropriate for + legislative or administrative action to authorize such payment. + SEC. 654. STUDY REGARDING RECOUPMENT OF SEPARATION PAY, SPECIAL + SEPARATION BENEFITS, AND VOLUNTARY SEPARATION INCENTIVE PAYMENTS + FROM MEMBERS OF THE ARMED FORCES AND VETERANS WHO RECEIVE + DISABILITY COMPENSATION UNDER LAWS ADMINISTERED BY THE SECRETARY + OF VETERANS AFFAIRS. + (a) Study.--The Secretary of Defense, in consultation with the +Secretary of Veterans Affairs, shall conduct a study to determine, with +regards to members of the Armed Forces and veterans whose separation +pay, special separation benefits, and voluntary separation incentive +payments either Secretary recoups because such members and veterans +subsequently receive disability compensation under laws administered by +the Secretary of Veterans Affairs-- + (1) how many such members and veterans are affected by such + recoupment; and + (2) the aggregated amount of additional money such members and + veterans would receive but for such recoupment. + (b) Report Required.--Not later than September 30, 2020, the +Secretary of Defense shall submit to the Committees on Armed Services +and Veterans' Affairs of the Senate and House of Representatives a +report regarding the results of the study under subsection (a). + SEC. 655. REPORT ON IMPLEMENTATION OF CONTRIBUTIONS TO THE + DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND BASED ON PAY COSTS + PER ARMED FORCE RATHER THAN ON ARMED FORCES-WIDE BASIS. + (a) Report Required.-- + (1) In general.--Not later than April 1, 2020, the Secretary of + Defense shall, in consultation with the Secretaries of the military + departments, submit to the congressional defense committees a + report setting forth a plan for the implementation of the + amendments described in paragraph (2) as if such amendments would + apply with respect to determinations of contributions to the + Department of Defense Military Retirement Fund under chapter 74 of + title 10, United States Code, and payments into the Fund, beginning + with fiscal year 2025. + (2) Covered amendments.--The amendments described in this + paragraph are the amendments proposed to be made by section 631 of + S.1790 of the 116th Congress, as reported to the Senate by the + Committee on Armed Services of the Senate on June 11, 2019. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A plan to implement the amendments described in paragraph + (2) of subsection (a) in the manner described in paragraph (1) of + that subsection. + (2) A timeline for actions required to implement such + amendments in that manner. + (3) An assessment of the impact of the implementation of such + amendments in that manner on each of the following: + (A) The budgeting of the military departments. + (B) The efforts of the Department of Defense to achieve + audits of its financial statements. + (C) Decisions on military manning of the Armed Forces. + (D) The cost and complexity of tracking contributions to + the Department of Defense Military Retirement Fund. + SEC. 656. REPORT ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED + FORCES AND THEIR DEPENDENTS. + (a) Report Required.--Not later than May 1, 2020, the Secretary of +Defense shall submit to the Committees on Armed Services of the Senate +and the House of Representatives a report on food insecurity among +members of the Armed Forces and their dependents. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) An assessment of the current extent of food insecurity + among members of the Armed Forces and their dependents, including a + description and analysis of the following: + (A) Use of food assistance by members and their dependents, + as revealed in data of the Department of Defense and other data + available to the Department. + (B) Use of free and reduced price school meals by + dependents. + (C) Use of food banks or similar assistance by members and + their dependents. + (2) A description and assessment of the barriers, if any, to + qualification for or access to adequate food assistance of any type + by members of the Armed Forces and their dependents. + (3) A description of the number of members of the Armed Forces + overseas who enrolled in the Family Supplemental Subsistence + Allowance (FSSA) program under section 402a of title 37, United + States Code, during the five-fiscal year period ending with fiscal + year 2019, and of the cost to the Department of such enrollment + during each fiscal year concerned. + (4) An assessment of the effectiveness of the Family + Supplemental Subsistence Allowance program for members of the Armed + Forces overseas. + (5) A description and assessment of the participation of + members of the Armed Forces in the Supplemental Nutrition + Assistance Program (SNAP), including with respect to the following: + (A) Coordination between the Department of Defense and the + Department of Agriculture for purposes of determining the + numbers of members currently participating in the program. + (B) Career stigma for members resulting from participation + in the program. + (C) Adverse consequences for member personal financial + management resulting from participation in the program. + (D) Other support available to and used by members to meet + basic needs requirements. + (6) An assessment of food insecurity among members of the Armed + Forces who reside in on-post housing (and thus do not receive basic + allowance for housing (BAH)) and their dependents, including + eligibility of such members for and participation of such members + in the Supplemental Nutrition Assistance Program. + (7) An assessment of the feasability and advisability of a + basic needs allowance for low-income members of the Armed Forces + (including an allowance calculated both with and without basic + allowance for housing included in the determination of member gross + household income), including with respect to the following: + (A) The maximum member gross household income for + eligibility for the allowance. + (B) The number of members who would be eligible for the + allowance. + (C) The optimal average annual amount of the allowance. + (D) The total annual cost of paying the allowance. + (E) Whether particular geographic locations would include + large number of members eligible for the allowance. + (F) The effects of payment of the allowance on recruitment + and retention of members, and on member morale and conduct. + (8) Any other recommendations for policies, programs, and + activities to address food insecurity among members of the Armed + Forces and their dependents that the Secretary considers + appropriate. TITLE VII--HEALTH CARE PROVISIONS Subtitle A--TRICARE and Other Health Care Benefits -SEC. 701. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE PROGRAM. - - (a) In General.--Section 1074d(b)(3) of title 10, United States -Code, is amended by inserting before the period at the end the -following: ``(including all methods of contraception approved by the -Food and Drug Administration, contraceptive care (including with -respect to insertion, removal, and follow up), sterilization -procedures, and patient education and counseling in connection -therewith)''. - (b) Prohibition on Cost-sharing for Certain Services.-- - (1) TRICARE select.--Section 1075(c) of such title is - amended by adding at the end the following new paragraph: - ``(4) For all beneficiaries under this section, there is no - cost-sharing for any method of contraception provided by a - network provider.''. - (2) TRICARE prime.--Section 1075a(b) of such title is - amended by adding at the end the following new paragraph: - ``(5) For all beneficiaries under this section, there is no cost- -sharing for any method of contraception provided under TRICARE -Prime.''. - (3) Pharmacy benefits program.--Section 1074g(a)(6) of such - title is amended by adding at the end the following new - subparagraph: - ``(D) Notwithstanding subparagraphs (A), (B), and (C), there is no -cost-sharing for any prescription contraceptive on the uniform -formulary provided by a retail pharmacy described in subsection -(a)(2)(E)(ii) or the national mail-order pharmacy program.''. - (c) Effective Date.--The amendments made by this section shall take -effect on January 1, 2020. +Sec. 701. Modification of eligibility for TRICARE Reserve Select for + certain members of the Selected Reserve. +Sec. 702. TRICARE payment options for retirees and their dependents. +Sec. 703. Lead level screening and testing for children. +Sec. 704. Exposure to open burn pits and toxic airborne chemicals or + other airborne contaminants as part of periodic health + assessments and other physical examinations. +Sec. 705. Enhancement of recordkeeping with respect to exposure by + members of the Armed Forces to certain occupational and + environmental hazards while deployed overseas. +Sec. 706. Modifications to post-deployment mental health assessments for + members of the Armed Forces deployed in support of a + contingency operation. +Sec. 707. Provision of blood testing for firefighters of Department of + Defense to determine exposure to perfluoroalkyl and + polyfluoroalkyl substances. + + Subtitle B--Health Care Administration + +Sec. 711. Modification of organization of military health system. +Sec. 712. Support by military health system of medical requirements of + combatant commands. +Sec. 713. Requirements for certain prescription drug labels. +Sec. 714. Officers authorized to command Army dental units. +Sec. 715. Improvements to interagency program office of the Department + of Defense and the Department of Veterans Affairs. +Sec. 716. Expansion of strategy to improve acquisition of managed care + support contracts under TRICARE program. +Sec. 717. Inclusion of blast exposure history in medical records of + members of the Armed Forces. +Sec. 718. Comprehensive policy for provision of mental health care to + members of the Armed Forces. +Sec. 719. Limitation on the realignment or reduction of military medical + manning end strength. +Sec. 720. Strategy to recruit and retain mental health providers. +Sec. 721. Development of partnerships to improve combat casualty care + for personnel of the Armed Forces. +Sec. 722. Modification to referrals for mental health services. + + Subtitle C--Reports and Other Matters + +Sec. 731. Authorization of claims by members of the uniformed services + against the United States for personal injury or death caused + by medical malpractice. +Sec. 732. Extension and clarification of authority for Joint Department + of Defense-Department of Veterans Affairs Medical Facility + Demonstration Fund. +Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson + Foundation for the Advancement of Military Medicine. +Sec. 734. Establishment of Academic Health System in National Capital + Region. +Sec. 735. Provision of veterinary services by veterinary professionals + of the Department of Defense in emergencies. +Sec. 736. Three-year extension of authority to continue the DOD-VA + Health Care Sharing Incentive Fund. +Sec. 737. Preservation of resources of the Army Medical Research and + Materiel Command and continuation as Center of Excellence. +Sec. 738. Encouragement of participation in Women's Health Transition + Training pilot program. +Sec. 739. National Guard suicide prevention pilot program. +Sec. 740. Pilot Program on civilian and military partnerships to enhance + interoperability and medical surge capability and capacity of + National Disaster Medical System. +Sec. 741. Reports on suicide among members of the Armed Forces and + suicide prevention programs and activities of the Department + of Defense. +Sec. 742. Modification of requirements for longitudinal medical study on + blast pressure exposure of members of the Armed Forces and + collection of exposure information. +Sec. 743. Study and plan on the use of military-civilian integrated + health delivery systems. +Sec. 744. Study on case management in the military health system. +Sec. 745. Report on Global Health Security Strategy and the National + Biodefense Security. +Sec. 746. Study on establishment of wounded warrior service dog program. +Sec. 747. GAO report on Department of Defense quality assurance program + and impacts of medical malpractice actions. +Sec. 748. Reports on Millennium Cohort Study relating to women members + of the Armed Forces. +Sec. 749. Study on effects of sleep deprivation on readiness of members + of the Armed Forces. +Sec. 750. Study and report on traumatic brain injury mitigation efforts. -SEC. 702. TRICARE PAYMENT OPTIONS FOR RETIREES AND THEIR DEPENDENTS. + Subtitle A--TRICARE and Other Health Care Benefits + SEC. 701. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE SELECT + FOR CERTAIN MEMBERS OF THE SELECTED RESERVE. + Section 1076d(a)(2) of title 10, United States Code, is amended by +striking ``Paragraph (1) does not apply'' and inserting ``During the +period preceding January 1, 2030, paragraph (1) does not apply''. + SEC. 702. TRICARE PAYMENT OPTIONS FOR RETIREES AND THEIR + DEPENDENTS. (a) In General.--Section 1099 of title 10, United States Code, is amended-- - (1) by redesignating subsection (d) as subsection (e); and - (2) by inserting after subsection (c) the following new - subsection (d): + (1) by redesignating subsection (d) as subsection (e); and + (2) by inserting after subsection (c) the following new + subsection (d): ``(d) Payment Options.--(1) A member or former member of the uniformed services, or a dependent thereof, eligible for medical care and dental care under section 1074(b) or 1076 of this title shall pay a @@ -8091,102 +13747,261 @@ withheld from the retired, retainer, or equivalent pay of the member, former member, or dependent. In all other cases, a premium shall be paid in a frequency and method determined by the Secretary.''. (b) Conforming and Clerical Amendments.-- - (1) Conforming amendments.--Section 1097a of title 10, - United States Code, is amended-- - (A) by striking subsection (c); and - (B) by redesignating subsections (d), (e), and (f) - as subsections (c), (d), and (e), respectively. - (2) Heading amendments.-- - (A) Automatic enrollments.--The heading for section - 1097a of such title is amended to read as follows: + (1) Conforming amendments.--Section 1097a of title 10, United + States Code, is amended-- + (A) by striking subsection (c); and + (B) by redesignating subsections (d), (e), and (f) as + subsections (c), (d), and (e), respectively. + (2) Heading amendments.-- + (A) Automatic enrollments.--The heading for section 1097a + of such title is amended to read as follows: ``Sec. 1097a. TRICARE Prime: automatic enrollments''. - (B) Enrollment system and payment options.--The - heading for section 1099 of such title is amended to - read as follows: + (B) Enrollment system and payment options.--The heading for + section 1099 of such title is amended to read as follows: ``Sec. 1099. Health care enrollment system and payment options''. - (3) Clerical amendments.--The table of sections at the - beginning of chapter 55 of such title is amended-- - (A) by striking the item relating to section 1097a - and inserting the following new item: + (3) Clerical amendments.--The table of sections at the + beginning of chapter 55 of such title is amended-- + (A) by striking the item relating to section 1097a and + inserting the following new item: ``1097a. TRICARE Prime: automatic enrollments.''; and - (B) by striking the item relating to section 1099 - and inserting the following new item: + + (B) by striking the item relating to section 1099 and + inserting the following new item: ``1099. Health care enrollment system and payment options.''. + (c) Effective Date.--The amendments made by this section shall apply to health care coverage beginning on or after January 1, 2021. - -SEC. 703. LEAD LEVEL SCREENING AND TESTING FOR CHILDREN. - + SEC. 703. LEAD LEVEL SCREENING AND TESTING FOR CHILDREN. (a) Comprehensive Screening, Testing, and Reporting Guidelines.-- - (1) In general.--The Secretary of Defense shall establish - clinical practice guidelines for health care providers employed - by the Department of Defense on screening, testing and - reporting of blood lead levels in children. - (2) Use of cdc recommendations.--Guidelines established - under paragraph (1) shall reflect recommendations made by the - Centers for Disease Control and Prevention with respect to the - screening, testing, and reporting of blood lead levels in - children. - (3) Dissemination of guidelines.--Not later than one year - after the date of the enactment of this Act, the Secretary - shall disseminate the clinical practice guidelines established - under paragraph (1) to health care providers of the Department - of Defense. + (1) In general.--The Secretary of Defense shall establish + clinical practice guidelines for health care providers employed by + the Department of Defense on screening, testing, and reporting of + blood lead levels in children. + (2) Use of cdc recommendations.--Guidelines established under + paragraph (1) shall reflect recommendations made by the Centers for + Disease Control and Prevention with respect to the screening, + testing, and reporting of blood lead levels in children. + (3) Dissemination of guidelines.--Not later than one year after + the date of the enactment of this Act, the Secretary shall + disseminate the clinical practice guidelines established under + paragraph (1) to health care providers of the Department of + Defense. (b) Care Provided in Accordance With CDC Guidance.--The Secretary shall ensure that any care provided by the Department of Defense to a -child for lead poisoning shall be carried out in accordance with -applicable guidance issued by the Centers for Disease Control and -Prevention. +child for an elevated blood lead level shall be carried out in +accordance with applicable guidance issued by the Centers for Disease +Control and Prevention. (c) Sharing of Results of Testing.-- - (1) In general.--With respect to a child who receives from - the Department of Defense a test for lead poisoning-- - (A) the Secretary shall provide the results of the - test to the parent or guardian of the child; and - (B) notwithstanding any requirements for the - confidentiality of health information under the Health - Insurance Portability and Accountability Act of 1996 - (Public Law 104-191), the Secretary shall provide the - results of the test and the address at which the child - resides to-- - (i) the relevant health department of the - State in which the child resides if the child - resides in the United States; or - (ii) if the child resides outside the - United States-- - (I) the Centers for Disease Control - and Prevention; and - (II) the appropriate authority of - the country in which the child resides. - (2) State defined.--In this subsection, the term ``State'' - means each of the several States, the District of Columbia, the - Commonwealth of Puerto Rico, and any territory or possession of - the United States. - (d) Report.-- - (1) In general.--Not later than January 1, 2021, the - Secretary of Defense shall submit to the congressional defense - committees a report detailing, with respect to the period - beginning on the date of the enactment of this Act and ending - on the date of the report, the following: - (A) The number of children who were tested by the - Department of Defense for the level of lead in the - blood of the child, and of such number, the number who - were found to have elevated blood lead levels. - (B) The number of children who were screened by the - Department of Defense for an elevated risk of lead - exposure. - (C) The treatment provided to children pursuant to - chapter 55 of title 10, United States Code, for lead - poisoning. - (2) Elevated blood lead level defined.--In this paragraph, - the term ``elevated blood lead level'' has the meaning given - that term by the Centers for Disease Control and Prevention. - -SEC. 704. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF DEPARTMENT OF - DEFENSE TO DETERMINE EXPOSURE TO PERFLUOROALKYL AND - POLYFLUOROALKYL SUBSTANCES. - + (1) In general.--With respect to a child who receives from the + Department of Defense a test for an elevated blood lead level-- + (A) the Secretary shall provide the results of the test to + the parent or guardian of the child; and + (B) notwithstanding any requirements for the + confidentiality of health information under the Health + Insurance Portability and Accountability Act of 1996 (Public + Law 104-191), if the results of the test show an abnormal blood + lead level or elevated blood lead level, the Secretary shall + provide those results and the address at which the child + resides to-- + (i) the relevant health department of the State in + which the child resides if the child resides in the United + States; or + (ii) if the child resides outside the United States-- + + (I) the Centers for Disease Control and Prevention; + (II) the appropriate authority of the country in + which the child resides; and + (III) the primary provider of health care for the + child for follow-up. + + (2) State defined.--In this subsection, the term ``State'' + means each of the several States, the District of Columbia, the + Commonwealth of Puerto Rico, and any territory or possession of the + United States. + (d) Report.--Not later than January 1, 2021, the Secretary of +Defense shall submit to the Committees on Armed Services of the Senate +and the House of Representatives a report detailing, with respect to +the period beginning on the date of the enactment of this Act and +ending on the date of the report, the following: + (1) The number of children who were tested by the Department of + Defense for the level of lead in the blood of the child, and of + such number, the number who were found to have an elevated blood + lead level. + (2) The number of children who were screened by the Department + of Defense for an elevated risk of lead exposure. + (e) Comptroller General Report.--Not later than January 1, 2022, +the Comptroller General of the United States shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report on the effectiveness of screening and testing +for lead exposure and elevated blood lead levels under chapter 55 of +title 10, United States Code. + (f) Definitions.--In this section, the terms ``abnormal blood lead +level'' and ``elevated blood lead level'' have the meanings given those +terms by the Centers for Disease Control and Prevention. + SEC. 704. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS + OR OTHER AIRBORNE CONTAMINANTS 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 or other airborne + contaminants, 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 or other airborne + contaminants, 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 or other + airborne contaminants, 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 or other airborne contaminants. + (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 that the member was + exposed to toxic airborne chemicals or other airborne contaminants, + 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). + SEC. 705. ENHANCEMENT OF RECORDKEEPING WITH RESPECT TO EXPOSURE BY + MEMBERS OF THE ARMED FORCES TO CERTAIN OCCUPATIONAL AND + ENVIRONMENTAL HAZARDS WHILE DEPLOYED OVERSEAS. + (a) Inclusion in Medical Tracking System of Occupational and +Environmental Health Risks in Deployment Area.-- + (1) Elements of medical tracking system.--Subsection (b)(1)(A) + of section 1074f of title 10, United States Code, is amended-- + (A) in clause (ii), by striking ``and'' at the end; + (B) in clause (iii), by striking the period at the end and + inserting ``; and''; and + (C) by adding at the end the following new clause: + ``(iv) accurately record any exposure to occupational and + environmental health risks during the course of their + deployment.''. + (2) Recordkeeping.--Subsection (c) of such section is amended + by inserting after ``deployment area'' the following: ``(including + the results of any assessment performed by the Secretary of + occupational and environmental health risks for such area)''. + (b) Postdeployment Medical Examination and Reassessments.--Section +1074f of title 10, United States Code, as amended by subsection (a), is +further amended by adding at the end the following new subsection: + ``(g) Additional Requirements for Postdeployment Medical +Examinations and Health Reassessments.--(1) The Secretary of Defense +shall standardize and make available to a provider that conducts a +postdeployment medical examination or reassessment under the system +described in subsection (a) questions relating to occupational and +environmental health exposure. + ``(2) The Secretary, to the extent practicable, shall ensure that +the medical record of a member includes information on the external +cause relating to a diagnosis of the member, including by associating +an external cause code (as issued under the International Statistical +Classification of Diseases and Related Health Problems, 10th Revision +(or any successor revision)).''. + (c) Access to Information in Burn Pit Registry.-- + (1) In general.--The Secretary of Defense shall ensure that all + medical personnel of the Department of Defense have access to the + information contained in the burn pit registry. + (2) Burn pit registry defined.--In this subsection, the term + ``burn pit registry'' means the registry established under section + 201 of the Dignified Burial and Other Veterans' Benefits + Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). + SEC. 706. MODIFICATIONS TO POST-DEPLOYMENT MENTAL HEALTH + ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT + OF A CONTINGENCY OPERATION. + (a) Required Assessments.--Section 1074m(a)(1) of title 10, United +States Code, is amended by striking subparagraphs (C) and (D) and +inserting the following new subparagraphs: + ``(C) Subject to paragraph (3) and subsection (d), once + during the period beginning on the date of redeployment from + the contingency operation and ending on the date that is 21 + days after the date on which the post-deployment leave of the + member terminates. + ``(D) Subject to subsection (d), not less than once + annually-- + ``(i) beginning 21 days after the date on which the + post-deployment leave of the member terminates; or + ``(ii) if the assessment required by subparagraph (C) + is performed during the period specified in paragraph (3), + beginning 180 days after the date of redeployment from the + contingency operation.''. + (b) Exceptions.--Section 1074m(a) of such title, as amended by +subsection (a), is further amended by striking paragraph (2) and +inserting the following new paragraphs: + ``(2) A mental health assessment is not required for a member of +the armed forces under subparagraphs (C) and (D) of paragraph (1) +(including an assessment performed pursuant to paragraph (3)) if the +Secretary determines that providing such assessment to the member +during the time periods under such subparagraphs would remove the +member from forward deployment or put members or operational objectives +at risk. + ``(3) A mental health assessment required under subparagraph (C) of +paragraph (1) may be provided during the period beginning 90 days after +the date of redeployment from the contingency operation and ending 180 +days after such redeployment date if the Secretary determines that-- + ``(A) an insufficient number of personnel are available to + perform the assessment during the time period under such + subparagraph; or + ``(B) an administrative processing issue exists upon the return + of the member to the home unit or duty station that would prohibit + the effective performance of the assessment during such time + period.''. + (c) Elimination of Sunset for Assessments During Deployment.-- +Section 1074m(a)(1)(B) of such title is amended by striking ``Until +January 1, 2019, once'' and inserting ``Once''. + (d) Effective Date.--The amendments made by subsections (a) and (b) +shall apply with respect to a date of redeployment that is on or after +January 1, 2020. + SEC. 707. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF DEPARTMENT + OF DEFENSE TO DETERMINE EXPOSURE TO PERFLUOROALKYL AND + POLYFLUOROALKYL SUBSTANCES. (a) In General.--Beginning on October 1, 2020, the Secretary of Defense shall provide blood testing to determine and document potential exposure to perfluoroalkyl and polyfluoroalkyl substances (commonly @@ -8199,499 +14014,1053 @@ being a firefighter. Subtitle B--Health Care Administration -SEC. 711. MODIFICATION OF ORGANIZATION OF MILITARY HEALTH SYSTEM. - + SEC. 711. MODIFICATION OF ORGANIZATION OF MILITARY HEALTH SYSTEM. (a) Administration of Military Medical Treatment Facilities.-- Subsection (a) of section 1073c of title 10, United States Code, is amended-- - (1) in paragraph (1)-- - (A) by redesignating subparagraphs (A), (B), (C), - (D), (E), and (F) as subparagraphs (C), (D), (E), (G), - (H), and (I), respectively; - (B) by inserting before subparagraph (C), as - redesignated by subparagraph (A) of this paragraph, the - following new subparagraphs: - ``(A) provision and delivery of health care within - each such facility; - ``(B) management of privileging, scope of practice, - and quality of health care provided within each such - facility;''; and - (C) inserting the following new subparagraph: - ``(F) supply and equipment;''; - (2) in paragraph (2)-- - (A) by redesignating subparagraphs (D) through (G) - as subparagraphs (E) through (H), respectively; - (B) by inserting after subparagraph (C) the - following new subparagraph (D): - ``(D) to identify the capacity of each military - medical treatment facility to support clinical - readiness standards of health care providers - established by the Secretary of a military department - or the Assistant Secretary of Defense for Health - Affairs;'' and - (C) by amending subparagraph (F), as redesignated - by subparagraph (A) of this paragraph, to read as - follows: - ``(F) to determine, in coordination with each - Secretary of a military department, manning, including - joint manning, assigned to military medical treatment - facilities and intermediary organizations;'' and - (3) in paragraph (3)-- - (A) in subparagraph (A)-- - (i) by inserting ``on behalf of the - military departments,'' before ``ensuring''; - and - (ii) by striking ``and civilian - employees''; and - (B) in subparagraph (B), by inserting ``on behalf - of the Defense Health Agency,'' before ``furnishing''. + (1) in paragraph (1)-- + (A) by redesignating subparagraphs (A), (B), (C), (D), (E), + and (F) as subparagraphs (C), (D), (E), (G), (H), and (I), + respectively; + (B) by inserting before subparagraph (C), as redesignated + by subparagraph (A) of this paragraph, the following new + subparagraphs: + ``(A) provision and delivery of health care within each such + facility; + ``(B) management of privileging, scope of practice, and quality + of health care provided within each such facility;''; and + (C) by inserting after subparagraph (E), as so + redesignated, the following new subparagraph: + ``(F) supply and equipment;''; + (2) in paragraph (2)-- + (A) by redesignating subparagraphs (D), (E), (F), and (G) + as subparagraphs (E), (F), (H), and (I), respectively; + (B) by inserting after subparagraph (C) the following new + subparagraph (D): + ``(D) to identify the capacity of each military medical + treatment facility to support clinical readiness standards of + health care providers established by the Secretary of a military + department or the Assistant Secretary of Defense for Health + Affairs;'' and + (C) by striking subparagraph (F), as redesignated by + subparagraph (A) of this paragraph, and inserting the following + new subparagraphs: + ``(F) to determine, in coordination with each Secretary of a + military department, manning, including joint manning, assigned to + military medical treatment facilities and intermediary + organizations; + ``(G) to select, after considering nominations from the + Secretaries of the military departments, commanders or directors of + military medical treatment facilities;''; and + (3) in paragraph (3)-- + (A) in subparagraph (A)-- + (i) by inserting ``on behalf of the military + departments,'' before ``ensuring''; and + (ii) by striking ``and civilian employees''; and + (B) in subparagraph (B), by inserting ``on behalf of the + Defense Health Agency,'' before ``furnishing''. (b) DHA Assistant Director.--Subsection (b)(2) of such section is amended by striking ``equivalent education and experience'' and all that follows and inserting ``the education and experience to perform the responsibilities of the position.''. (c) DHA Deputy Assistant Directors.--Subsection (c) of such section is amended-- - (1) in paragraph (2)(B), by striking ``across the military - health system'' and inserting ``at military medical treatment - facilities''; and - (2) in paragraph (4)(B), by inserting ``at military medical - treatment facilities'' before the period at the end. - (d) Military Medical Treatment Facility.--Subsection (f) of such -section is amended by adding at the end the following new paragraph: - ``(3) The term `military medical treatment facility' - means-- - ``(A) any fixed facility of the Department of - Defense that is outside of a deployed environment and - used primarily for health care; and - ``(B) any other location used for purposes of - providing health care services as designated by the - Secretary of Defense.''. - (e) Technical Amendments.--Subsection (a) of such section is + (1) in paragraph (2)(B), by striking ``across the military + health system'' and inserting ``at military medical treatment + facilities''; and + (2) in paragraph (4)(B), by inserting ``at military medical + treatment facilities'' before the period at the end. + (d) Treatment of Department of Defense for Purposes of Personnel +Assignment.--Such section is amended-- + (1) by redesignating subsection (f) as subsection (g); and + (2) by inserting after subsection (e) the following new + subsection (f): + ``(f) Treatment of Department of Defense for Purposes of Personnel +Assignment.--In implementing this section-- + ``(1) the Department of Defense shall be considered a single + agency for purposes of civilian personnel assignment under title 5; + and + ``(2) the Secretary of Defense may reassign any employee of a + component of the Department of Defense or a military department in + a position in the civil service (as defined in section 2101 of + title 5) to any other component of the Department of Defense or + military department.''. + (e) Military Medical Treatment Facility.--Subsection (g) of such +section, as redesignated by subsection (d)(1), is amended by adding at +the end the following new paragraph: + ``(3) The term `military medical treatment facility' means-- + ``(A) any fixed facility of the Department of Defense that + is outside of a deployed environment and used primarily for + health care; and + ``(B) any other location used for purposes of providing + health care services as designated by the Secretary of + Defense.''. + (f) Technical Amendments.--Subsection (a) of such section is amended-- - (1) in paragraph (1), by striking ``paragraph (4)'' and - inserting ``paragraph (5)''; - (2) by redesignating paragraph (5) as paragraph (6); - (3) by redesignating the first paragraph (4) as paragraph - (5); and - (4) by moving the second paragraph (4) so as to appear - before paragraph (5), as redesignated by paragraph (3) of this - subsection. - -SEC. 712. SUPPORT BY MILITARY HEALTH SYSTEM OF MEDICAL REQUIREMENTS OF - COMBATANT COMMANDS. - + (1) in paragraph (1), by striking ``paragraph (4)'' and + inserting ``paragraph (5)''; + (2) by redesignating paragraph (5) as paragraph (6); + (3) by redesignating the first paragraph (4) as paragraph (5); + and + (4) by moving the second paragraph (4) so as to appear before + paragraph (5), as redesignated by paragraph (3) of this subsection. + SEC. 712. SUPPORT BY MILITARY HEALTH SYSTEM OF MEDICAL REQUIREMENTS + OF COMBATANT COMMANDS. (a) In General.--Section 712 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended-- - (1) in subsection (a), by amending paragraph (1) to read as - follows: - ``(1) In general.--The Secretary of Defense shall, acting - through the Secretaries of the military departments, the - Defense Health Agency, and the Joint Staff, implement an - organizational framework of the military health system that - effectively implements chapter 55 of title 10, United States - Code, to maximize the readiness of the medical force, promote - interoperability, and integrate medical capabilities of the - Armed Forces in order to enhance joint military medical - operations in support of requirements of the combatant - commands.''; - (2) in subsection (e), by redesignating paragraphs (2) and - (3) as paragraphs (3) and (4), respectively, and by moving such - paragraphs so as to appear at the end of subsection (d); - (3) by striking subsection (e), as amended by paragraph (2) - of this subsection; - (4) by redesignating subsections (b) through (d) as - subsections (c) through (e), respectively; - (5) by inserting after subsection (a) the following new - subsection (b): + (1) in subsection (a), by amending paragraph (1) to read as + follows: + ``(1) In general.--The Secretary of Defense shall, acting + through the Secretaries of the military departments, the Defense + Health Agency, and the Joint Staff, implement an organizational + framework of the military health system that effectively and + efficiently implements chapter 55 of title 10, United States Code, + to maximize the readiness of the medical force, promote + interoperability, and integrate medical capabilities of the Armed + Forces in order to enhance joint military medical operations in + support of requirements of the combatant commands.''; + (2) in subsection (e), by redesignating paragraphs (2) and (3) + as paragraphs (3) and (4), respectively, and by moving such + paragraphs so as to appear at the end of subsection (d); + (3) by striking subsection (e), as amended by paragraph (2) of + this subsection; + (4) by redesignating subsections (b) through (d) as subsections + (c) through (e), respectively; + (5) by inserting after subsection (a) the following new + subsection (b): ``(b) Additional Duties of Surgeons General of the Armed Forces.-- The Surgeons General of the Armed Forces shall have the following duties: - ``(1) To ensure the readiness for operational deployment of - medical and dental personnel and deployable medical or dental - teams or units of the Armed Force or Armed Forces concerned. - ``(2) To meet medical readiness standards, subject to - standards and metrics established by the Assistant Secretary of - Defense for Health Affairs. - ``(3) With respect to uniformed medical and dental - personnel of the military department concerned-- - ``(A) to assign such personnel to military medical - treatment facilities, under the operational control of - the commander or director of the facility, or to - partnerships with civilian or other medical facilities - for training activities specific to such military - department; and - ``(B) to maintain readiness of such personnel for - operational deployment. - ``(4) To provide logistical support for operational - deployment of medical and dental personnel and deployable - medical or dental teams or units of the Armed Force or Armed - Forces concerned. - ``(5) To oversee mobilization and demobilization in - connection with the operational deployment of medical and - dental personnel of the Armed Force or Armed Forces concerned. - ``(6) To develop operational medical capabilities required - to support the warfighter, and to develop policy relating to - such capabilities. - ``(7) To provide health professionals to serve in - leadership positions across the military healthcare system. - ``(8) To deliver operational clinical services under the - operational control of the combatant commands-- - ``(A) on ships and planes; and - ``(B) on installations outside of military medical - treatment facilities. - ``(9) To manage privileging, scope of practice, and quality - of health care in the settings described in paragraph (8).''; - (6) in subsection (c), as redesignated by paragraph (4) of - this subsection-- - (A) in the subsection heading, by inserting - ``Agency'' before ``Regions''; and - (B) in paragraph (1)-- - (i) in the paragraph heading, by inserting - ``Agency'' before ``regions''; and - (ii) by striking ``defense health'' and - inserting ``Defense Health Agency''; - (7) in subsection (d), as redesignated by paragraph (4) of - this subsection-- - (A) in the subsection heading, by inserting - ``Agency'' before ``Regions''; - (B) in the matter preceding paragraph (1), by - striking ``defense health'' and inserting ``Defense - Health Agency''; and - (C) in paragraph (3), by striking ``subsection - (b)'' and inserting ``subsection (c)''; and - (8) in subsection (e), as redesignated by paragraph (4) of - this subsection-- - (A) in paragraph (2)-- - (i) by amending subparagraph (A) to read as - follows: - ``(A) In general.--The Secretaries of the military - departments shall coordinate with the Chairman of the - Joint Chiefs of Staff and the Defense Health Agency to - direct resources allocated to the military departments - to support requirements related to readiness and - operational medicine support that are established by - the combatant commands and validated by the Joint - Staff.''; and - (ii) in subparagraph (B), in the matter - preceding clause (i), by striking ``Based on'' - and all that follows through ``shall--'' and - inserting ``The Director of the Defense Health - Agency, in coordination with the Assistant - Secretary of Defense for Health Affairs, - shall--''; - (B) in paragraph (3), as moved and redesignated by - paragraph (2) of this subsection, in the second - sentence-- - (i) by inserting ``primarily'' before - ``through''; and - (ii) by inserting``, in coordination with - the Secretaries of the military departments,'' - after ``the Defense Health Agency''; and - (C) by adding at the end the following: - ``(5) Manpower.-- - ``(A) Administrative control of military - personnel.--Each Secretary of a military department - shall exercise administrative control of members of the - Armed Forces assigned to military medical treatment - facilities, including personnel assignment and issuance - of military orders. - ``(B) Oversight of certain personnel by the - director of the defense health agency.--In situations - in which members of the Armed Forces provide health - care services at a military medical treatment facility, - the Director of the Defense Health Agency shall - maintain oversight for the provision of care delivered - by those individuals through policies, procedures, and - privileging responsibilities of the military medical - treatment facility.''. + ``(1) To ensure the readiness for operational deployment of + medical and dental personnel and deployable medical or dental teams + or units of the Armed Force or Armed Forces concerned. + ``(2) To meet medical readiness standards, subject to standards + and metrics established by the Assistant Secretary of Defense for + Health Affairs. + ``(3) With respect to uniformed medical and dental personnel of + the military department concerned-- + ``(A) to assign such personnel-- + ``(i) primarily to military medical treatment + facilities, under the operational control of the commander + or director of the facility; or + ``(ii) secondarily to partnerships with civilian or + other medical facilities for training activities specific + to such military department; and + ``(B) to maintain readiness of such personnel for + operational deployment. + ``(4) To provide logistical support for operational deployment + of medical and dental personnel and deployable medical or dental + teams or units of the Armed Force or Armed Forces concerned. + ``(5) To oversee mobilization and demobilization in connection + with the operational deployment of medical and dental personnel of + the Armed Force or Armed Forces concerned. + ``(6) To develop operational medical capabilities required to + support the warfighter, and to develop policy relating to such + capabilities. + ``(7) To provide health professionals to serve in leadership + positions across the military healthcare system. + ``(8) To deliver operational clinical services under the + operational control of the combatant commands-- + ``(A) on ships and planes; and + ``(B) on installations outside of military medical + treatment facilities. + ``(9) To manage privileging, scope of practice, and quality of + health care in the settings described in paragraph (8).''; + (6) in subsection (c), as redesignated by paragraph (4) of this + subsection-- + (A) in the subsection heading, by inserting ``Agency'' + before ``Regions''; and + (B) in paragraph (1)-- + (i) in the paragraph heading, by inserting ``Agency'' + before ``regions''; and + (ii) by striking ``defense health'' and inserting + ``Defense Health Agency''; + (7) in subsection (d), as redesignated by paragraph (4) of this + subsection-- + (A) in the subsection heading, by inserting ``Agency'' + before ``Regions''; + (B) in the matter preceding paragraph (1), by striking + ``defense health'' and inserting ``Defense Health Agency''; and + (C) in paragraph (3), by striking ``subsection (b)'' and + inserting ``subsection (c)''; and + (8) in subsection (e), as redesignated by paragraph (4) of this + subsection-- + (A) in paragraph (2)-- + (i) by amending subparagraph (A) to read as follows: + ``(A) In general.--The Secretaries of the military + departments shall coordinate with the Chairman of the Joint + Chiefs of Staff to direct resources allocated to the military + departments to support requirements related to readiness and + operational medicine support that are established by the + combatant commands and validated by the Joint Staff.''; and + (ii) in subparagraph (B), in the matter preceding + clause (i), by striking ``Based on'' and all that follows + through ``shall--'' and inserting ``The Director of the + Defense Health Agency, in coordination with the Assistant + Secretary of Defense for Health Affairs, shall--''; + (B) in paragraph (3), as moved and redesignated by + paragraph (2) of this subsection, in the second sentence-- + (i) by inserting ``primarily'' before ``through''; and + (ii) by inserting``, in coordination with the + Secretaries of the military departments,'' after ``the + Defense Health Agency''; and + (C) by adding at the end the following: + ``(5) Manpower.-- + ``(A) Administrative control of military personnel.--Each + Secretary of a military department shall exercise + administrative control of members of the Armed Forces assigned + to military medical treatment facilities, including personnel + assignment and issuance of military orders. + ``(B) Oversight of certain personnel by the director of the + defense health agency.--In situations in which members of the + Armed Forces provide health care services at a military medical + treatment facility, the Director of the Defense Health Agency + shall maintain operational control over such members and + oversight for the provision of care delivered by such members + through policies, procedures, and privileging responsibilities + of the military medical treatment facility.''. (b) Conforming Amendments.-- - (1) Heading amendment.--The heading for section 712 of the - John S. McCain National Defense Authorization Act for Fiscal - Year 2019 (Public Law 115-232) is amended to read as follows: - -``SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM OF MEDICAL - REQUIREMENTS OF COMBATANT COMMANDS.''. - - (2) Clerical amendment.--The table of contents for such Act - is amended by striking the item relating to section 712 and - inserting the following new item: + (1) Heading amendment.--The heading for section 712 of the John + S. McCain National Defense Authorization Act for Fiscal Year 2019 + (Public Law 115-232) is amended to read as follows: + ``SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM OF MEDICAL + REQUIREMENTS OF COMBATANT COMMANDS.''. + (2) Clerical amendment.--The table of contents for such Act is + amended by striking the item relating to section 712 and inserting + the following new item: ``Sec. 712. Support by military healthcare system of medical - requirements of combatant commands.''. - -SEC. 713. TOURS OF DUTY OF COMMANDERS OR DIRECTORS OF MILITARY - TREATMENT FACILITIES. - - (a) In General.--Not later than January 1, 2021, the Secretary of -Defense shall establish a minimum length for the tour of duty of an -individual as a commander or director of a military treatment facility. - (b) Tours of Duty.-- - (1) In general.--Except as provided in paragraph (2), the - length of the tour of duty as a commander or director of a - military treatment facility of any individual assigned to such - position after January 1, 2021, may not be shorter than the - longer of-- - (A) the length established pursuant to subsection - (a); or - (B) four years. - (2) Waiver.-- - (A) In general.--The Secretary of the military - department concerned, in coordination with the Director - of the Defense Health Agency, may authorize a tour of - duty of an individual as a commander or director of a - military treatment facility of a shorter length than is - otherwise provided for in paragraph (1) if the - Secretary determines, in the discretion of the - Secretary, that there is good cause for a tour of duty - in such position of shorter length. - (B) Case-by-case basis.--Any determination under - subparagraph (A) shall be made on a case-by-case basis. - -SEC. 714. EXPANSION OF STRATEGY TO IMPROVE ACQUISITION OF MANAGED CARE - SUPPORT CONTRACTS UNDER TRICARE PROGRAM. - - Section 705(c)(1) of the National Defense Authorization Act for -Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1073a note) is amended, -in the matter preceding subparagraph (A), by striking ``, other than -overseas medical support contracts''. - -SEC. 715. ESTABLISHMENT OF REGIONAL MEDICAL HUBS TO SUPPORT COMBATANT - COMMANDS. - - (a) In General.--The Secretary of Defense shall establish not more -than four regional medical hubs, consistent with the defense health -regions established under section 712 of the John S. McCain National -Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), to -support operational medical requirements of the combatant commands. - (b) Timing.--Establishment of regional medical hubs under -subsection (a) shall commence not later than October 1, 2020, and shall -be completed not later than October 1, 2022. - (c) Leadership.--Each regional medical hub established under -subsection (a) shall be led by a commander or director who is a member -of the Armed Forces serving in a grade not higher than major general or -rear admiral and who shall be-- - (1) selected by the Director of the Defense Health Agency - from among members of the Armed Forces recommended by the - military departments for service in such position; and - (2) under the authority, direction, and control of the - Director while serving in such position. - (d) Designation of Primary Center.-- - (1) In general.--Each regional medical hub established - under subsection (a) shall include a major military medical - center designated by the Secretary to serve as the primary - center for the provision of specialized medical services in - that region. - (2) Capabilities.--A major military medical center may not - be designated under paragraph (1) unless the center-- - (A) includes one or more large graduate medical - education training platforms; and - (B) provides, at a minimum, role 4 medical care. - (3) Location.-- - (A) In general.--Any major military medical center - designated under paragraph (1) shall be geographically - located so as to maximize the support provided by - uniformed medical resources to the combatant commands. - (B) Collocation with major aerial debarkation - points.--In designating major military medical centers - under paragraph (1), the Secretary shall give - consideration to the collocation of such centers with - major aerial debarkation points of patients in the - medical evacuation system of the United States - Transportation Command. - (4) Major health care delivery platform.--A major military - medical center designated under paragraph (1) shall serve as - the major health care delivery platform for the provision of - complex specialized medical care in the region, whether through - patient referrals from other military medical treatment - facilities or through referrals from either civilian medical - facilities or healthcare facilities of the Department of - Veterans Affairs. - (e) Additional Military Medical Centers.--Consistent with section -1073d of title 10, United States Code, the Secretary, in establishing -regional medical hubs under subsection (a), may establish additional -military medical centers in the following locations: - (1) Locations with large beneficiary populations. - (2) Locations that serve as the primary readiness platforms - of the Armed Forces. - (f) Patient Referrals and Coordination.--In implementing the -regional medical hubs established under subsection (a), the Director of -the Defense Health Agency shall ensure effective and efficient medical -care referrals and coordination among military medical treatment -facilities and among local or regional high-performing health systems -through local or regional partnerships with institutional or individual -civilian providers. - -SEC. 716. MONITORING OF ADVERSE EVENT DATA ON DIETARY SUPPLEMENT USE BY - MEMBERS OF THE ARMED FORCES. - - (a) In General.--The Secretary of Defense shall modify the -electronic health record system of the military health system to -include data regarding the use by members of the Armed Forces of -dietary supplements and adverse events with respect to dietary -supplements. - (b) Requirements.--The modifications required by subsection (a) -shall ensure that the electronic health record system of the military -health system-- - (1) records adverse event report data regarding dietary - supplement use by members of the Armed Forces; - (2) generates standard reports on adverse event data that - can be aggregated for analysis; - (3) issues automated alerts to signal a significant change - in adverse event reporting or to signal a risk of interaction - with a medication or other treatment; and - (4) provides for reporting of adverse event report data - regarding dietary supplement use by members of the Armed Forces - to the Food and Drug Administration. - (c) Outreach.--The Secretary shall conduct outreach to health care -providers in the military health system to educate such providers on -the importance of entering adverse event report data regarding dietary -supplement use by members of the Armed Forces into the electronic -health record system of the military health system and reporting such -data to the Food and Drug Administration. - (d) Definitions.--In this section: - (1) Adverse event.--The term ``adverse event'' has the - meaning given that term in section 761(a) of the Federal Food, - Drug, and Cosmetic Act (21 U.S.C. 379aa-1(a)). - (2) Dietary supplement.--The term ``dietary supplement'' - has the meaning given that term in section 201(ff) of the - Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)). - -SEC. 717. ENHANCEMENT OF RECORDKEEPING WITH RESPECT TO EXPOSURE BY - MEMBERS OF THE ARMED FORCES TO CERTAIN OCCUPATIONAL AND - ENVIRONMENTAL HAZARDS WHILE DEPLOYED OVERSEAS. - - (a) Inclusion in Medical Tracking System of Occupational and -Environmental Health Risks in Deployment Area.-- - (1) Elements of medical tracking system.--Subsection - (b)(1)(A) of section 1074f of title 10, United States Code, is - amended-- - (A) in clause (ii), by striking ``and'' at the end; - (B) in clause (iii), by striking the period at the - end and inserting ``; and''; and - (C) by adding at the end the following new clause: - ``(iv) accurately record any exposure to - occupational and environmental health risks during the - course of their deployment.''. - (2) Recordkeeping.--Subsection (c) of such section is - amended by inserting after ``deployment area'' the following: - ``(including the results of any assessment performed by the - Secretary of occupational and environmental health risks for - such area)''. - (b) Postdeployment Medical Examination and Reassessments.--Section -1074f of title 10, United States Code, as amended by subsection (a), is -further amended by adding at the end the following new subsection: - ``(g) Additional Requirements for Postdeployment Medical -Examinations and Health Reassessments.--(1) The Secretary of Defense -shall standardize and make available to a provider that conducts a -postdeployment medical examination or reassessment under the system -described in subsection (a) questions relating to occupational and -environmental health exposure. - ``(2) The Secretary, to the extent practicable, shall ensure that -the medical record of a member includes information on the external -cause relating to a diagnosis of the member, including by associating -an external cause code (as issued under the International Statistical -Classification of Diseases and Related Health Problems, 10th Revision -(or any successor revision)).''. - (c) Access to Information in Burn Pit Registry.-- - (1) In general.--The Secretary of Defense shall ensure that - all medical personnel of the Department of Defense have access - to the information contained in the burn pit registry. - (2) Burn pit registry defined.--In this subsection, the - term ``burn pit registry'' means the registry established under - section 201 of the Dignified Burial and Other Veterans' - Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. - 527 note). + requirements of combatant commands.''. + SEC. 713. REQUIREMENTS FOR CERTAIN PRESCRIPTION DRUG LABELS. + (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 armed forces under the +jurisdiction of the Secretary include labels and other labeling that +are in compliance with the requirements of the Federal Food, Drug, and +Cosmetic Act (21 U.S.C. 301 et seq.).''. + (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). + SEC. 714. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS. + Section 7081(d) of title 10, United States Code, is amended by +striking ``Dental Corps Officer'' and inserting ``commissioned officer +of the Army Medical Department''. + SEC. 715. IMPROVEMENTS TO INTERAGENCY PROGRAM OFFICE OF THE + DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. + (a) Leadership.--Subsection (c) of section 1635 of the Wounded +Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is +amended to read as follows: + ``(c) Leadership.-- + ``(1) Director.--The Director of the Office shall be the head + of the Office. + ``(2) Deputy director.--The Deputy Director of the Office shall + be the deputy head of the Office and shall assist the Director in + carrying out the duties of the Director. + ``(3) Reporting.--The Director shall report directly to the + Deputy Secretary of Defense and the Deputy Secretary of Veterans + Affairs. + ``(4) Appointments.-- + ``(A) Director.--The Director shall be appointed by the + Secretary of Defense, with the concurrence of the Secretary of + Veterans Affairs, for a fixed term of four years. For the + subsequent term, the Secretary of Veterans Affairs, with the + concurrence of the Secretary of Defense, shall appoint the + Director for a fixed term of four years, and thereafter, the + appointment of the Director for a fixed term of four years + shall alternate between the Secretaries. + ``(B) Deputy director.--The Deputy Director shall be + appointed by the Secretary of Veterans Affairs, with the + concurrence of the Secretary of Defense, for a fixed term of + four years. For the subsequent term, the Secretary of Defense, + with the concurrence of the Secretary of Veterans Affairs, + shall appoint the Deputy Director for a fixed term of four + years, and thereafter, the appointment of the Deputy Director + for a fixed term of four years shall alternate between the + Secretaries. + ``(C) Minimum qualifications.--The Secretary of Defense and + the Secretary of Veterans Affairs shall jointly develop + qualification requirements for the Director and the Deputy + Director. Such requirements shall ensure that, at a minimum, + the Director and Deputy Director, individually or together, + meet the following qualifications: + ``(i) Significant experience at a senior management + level fielding enterprise-wide technology in a health care + setting, or business systems in the public or private + sector. + ``(ii) Credentials for enterprise-wide program + management. + ``(iii) Significant experience leading implementation + of complex organizational change by integrating the input + of experts from various disciplines, such as clinical, + business, management, informatics, and technology. + ``(5) Succession.--The Secretary of Defense and the Secretary + of Veterans Affairs shall jointly develop a leadership succession + process for the Office. + ``(6) Additional guidance.--The Department of Veterans Affairs- + Department of Defense Joint Executive Committee may provide + guidance in the discharge of the functions of the Office under this + section. + ``(7) Information to congress.--Upon request by any of the + appropriate committees of Congress, the Director and the Deputy + Director shall testify before such committee, or provide a briefing + or otherwise provide requested information to such committee, + regarding the discharge of the functions of the Office under this + section.''. + (b) Authority.--Paragraph (1) of subsection (b) of such section is +amended by adding at the end the following new sentence: ``The Office +shall carry out decision making authority delegated to the Office by +the Secretary of Defense and the Secretary of Veterans Affairs with +respect to the definition, coordination, and management of functional, +technical, and programmatic activities that are jointly used, carried +out, and shared by the Departments.''. + (c) Purposes.--Paragraph (2) of subsection (b) of such section is +amended by adding at the end the following new subparagraphs: + ``(C) To develop and implement a comprehensive + interoperability strategy, which shall include-- + ``(i) the Electronic Health Record Modernization + Program of the Department of Veterans Affairs; and + ``(ii) the Healthcare Management System Modernization + Program of the Department of Defense. + ``(D) To pursue the highest level of interoperability for + the delivery of health care by the Department of Defense and + the Department of Veterans Affairs. + ``(E) To accelerate the exchange of health care information + between the Departments, and advances in the health information + technology marketplace, in order to support the delivery of + health care by the Departments. + ``(F) To collect the operational and strategic requirements + of the Departments relating to the strategy under subsection + (a) and communicate such requirements and activities to the + Office of the National Coordinator for Health Information + Technology of the Department of Health and Human Services for + the purpose of implementing title IV of the 21st Century Cures + Act (division A of Public Law 114-255), and the amendments made + by that title, and other objectives of the Office of the + National Coordinator for Health Information Technology. + ``(G) To plan for and effectuate the broadest possible + implementation of standards, specifically with respect to the + Fast Healthcare Interoperability Resources standard or + successor standard, the evolution of such standards, and the + obsolescence of such standards. + ``(H) To actively engage with national and international + health standards setting organizations, including by taking + membership in such organizations, to ensure that standards + established by such organizations meet the needs of the + Departments pursuant to the strategy under subsection (a), and + oversee and approve adoption of and mapping to such standards + by the Departments. + ``(I) To express the content and format of health data of + the Departments using a common language to improve the exchange + of data between the Departments and with the private sector, + and to ensure that clinicians of the Departments have access to + integrated, computable, comprehensive health records of + patients. + ``(J) To inform the Chief Information Officer of the + Department of Defense and the Chief Information Officer of the + Department of Veterans Affairs of any activities of the Office + affecting or relevant to cybersecurity. + ``(K) To establish an environment that will enable and + encourage the adoption by the Departments of innovative + technologies for health care delivery. + ``(L) To leverage data integration to advance health + research and develop an evidence base for the health care + programs of the Departments. + ``(M) To prioritize the use of open systems architecture by + the Departments. + ``(N) To ensure ownership and control by patients of + personal health information and data in a manner consistent + with applicable law. + ``(O) To prevent contractors of the Departments or other + non-departmental entities from owning or having exclusive + control over patient health data, for the purposes of + protecting patient privacy and enhancing opportunities for + innovation. + ``(P) To implement a single lifetime longitudinal personal + health record between the Department of Defense and the + Department of Veterans Affairs. + ``(Q) To attain interoperability capabilities-- + ``(i) sufficient to enable the provision of seamless + health care by health care facilities and providers of the + Departments, as well as private sector facilities and + providers contracted by the Departments; and + ``(ii) that are more adaptable and far reaching than + those achievable through biodirectional information + exchange between electronic health records of the exchange + of read-only data alone. + ``(R) To make maximum use of open-application program + interfaces and the Fast Healthcare Interoperability Resources + standard (or successor standard).''. + (d) Implementation Milestones.--Subsection (e) of such section is +amended to read as follows: + ``(e) Implementation Milestones.-- + ``(1) Evaluation.--With respect to the electronic health record + systems of the Department of Defense and the Department of Veterans + Affairs, the Office shall seek to enter into an agreement with an + independent entity to conduct an evaluation by not later than + October 1, 2021 of the following: + ``(A) Whether a clinician of the Department of Defense, can + access, and meaningfully interact with, a complete patient + health record of a veteran, from a military medical treatment + facility. + ``(B) Whether a clinician of the Department of Veterans + Affairs can access, and meaningfully interact with, a complete + patient health record of a member of the Armed Forces serving + on active duty, from a medical center of the Department of + Veterans Affairs. + ``(C) Whether clinicians of the Departments can access, and + meaningfully interact with, the data elements of the health + record of a patient who is a veteran or is a member of the + Armed Forces which are generated when the individual receives + health care from a community care provider of the Department of + Veterans Affairs or a TRICARE program provider of the + Department of Defense. + ``(D) Whether a community care provider of the Department + of the Veterans Affairs and a TRICARE program provider of the + Department of Defense on a Health Information Exchange- + supported electronic health record can access patient health + records of veterans and active-duty members of the Armed Forces + from the system of the provider. + ``(E) An assessment of interoperability between the legacy + electronic health record systems and the future electronic + health record systems of the Department of Veterans Affairs and + the Department of Defense. + ``(F) An assessment of the use of interoperable content + between-- + ``(i) the legacy electronic health record systems and + the future electronic health record systems of the + Department of Veterans Affairs and the Department of + Defense; and + ``(ii) third-party applications. + ``(2) System configuration management.--The Office shall-- + ``(A) maintain the common configuration baseline for the + electronic health record systems of the Department of Defense + and the Department of Veterans Affairs; and + ``(B) continually evaluate the state of configuration and + the impacts on interoperability; and + ``(C) promote the enhancement of such electronic health + records systems. + ``(3) Consultation.-- + ``(A) Annual meeting required.--Not less than once per + year, the Office shall convene a meeting of clinical staff from + the Department of Defense, the Department of Veterans Affairs, + the Coast Guard, community providers, and other leading + clinical experts, for the purpose of assessing the state of + clinical use of the electronic health record systems and + whether the systems are meeting clinical and patient needs. + ``(B) Recommendations.--Clinical staff participating in a + meeting under subparagraph (A) shall make recommendations to + the Office on the need for any improvements or concerns with + the electronic health record systems. + ``(4) Clinical and patient satisfaction survey.--Beginning + October 1, 2021, and on at least a biannual basis thereafter until + 2025 at the earliest, the Office shall undertake a clinician and + patient satisfaction survey regarding clinical use and patient + experience with the electronic health record systems of the + Department of Defense and the Department of Veterans Affairs.''. + (e) Resources and Staffing.--Subsection (g) of such section is +amended-- + (1) in paragraph (1), by inserting before the period at the end + the following: ``, including the assignment of clinical or + technical personnel of the Department of Defense or the Department + of Veterans Affairs to the Office''; and + (2) by adding at the end the following new paragraphs: + ``(3) Cost sharing.--The Secretary of Defense and the Secretary + of Veterans shall enter into an agreement on cost sharing and + providing resources for the operations and staffing of the Office. + ``(4) Hiring authority.--The Secretary of Defense and the + Secretary of Veterans Affairs shall delegate to the Director the + authority under title 5, United States Code, regarding appointments + in the competitive service to hire personnel of the Office.''. + (f) Reports.--Subsection (h) of such section is amended to read as +follows: + ``(h) Reports.-- + ``(1) Annual reports.--Not later than September 30, 2020, and + each year thereafter through 2024, the Director shall submit to the + Secretary of Defense and the Secretary of Veterans Affairs, and to + the appropriate committees of Congress, a report on the activities + of the Office during the preceding calendar year. Each report shall + include the following: + ``(A) A detailed description of the activities of the + Office during the year covered by such report, including a + detailed description of the amounts expended and the purposes + for which expended. + ``(B) With respect to the objectives of the strategy under + paragraph (2)(C) of subsection (b), and the purposes of the + Office under such subsection-- + ``(i) a discussion, description, and assessment of the + progress made by the Department of Defense and the + Department of Veterans Affairs during the preceding + calendar year; and + ``(ii) a discussion and description of the goals of the + Department of Defense and the Department of Veterans + Affairs for the following calendar year, including updates + to strategies and plans. + ``(C) A detailed financial summary of the activities of the + Office, including the funds allocated to the Office by each + Department, the expenditures made, and an assessment as to + whether the current funding is sufficient to carry out the + activities of the Office. + ``(D) A detailed description of the status of each of the + implementation milestones, including the nature of the + evaluation, methodology for testing, and findings with respect + to each milestone under subsection (e). + ``(E) A detailed description of the state of the + configuration baseline, including any activities which + decremented or enhanced the state of configuration under + subsection (e). + ``(F) With respect to the annual meeting required under + subsection (e)(3)-- + ``(i) a detailed description of activities, + assessments, and recommendations relating to such meeting; + and + ``(ii) the response of the Office to any such + recommendations. + ``(2) Availability.--Each report under this subsection shall be + made publicly available.''. + (g) Definitions.--Such section is further amended by adding at the +end the following new subsection (k): + ``(k) Definitions.--In this section: + ``(1) The term `appropriate congressional committees' means-- + ``(A) the congressional defense committees; and + ``(B) the Committees on Veterans' Affairs of the House of + Representatives and the Senate. + ``(2) The term `configuration baseline' means a fixed reference + in the development cycle or an agreed-upon specification of a + product at a point in time that serves as a documented basis for + defining incremental change in all aspects of an information + technology product. + ``(3) The term `Electronic Health Record Modernization Program' + has the meaning given that term in section 503 of the Veterans + Benefits and Transition Act of 2018 (Public Law 115-407; 132 Stat. + 5376). + ``(4) The term `interoperability' means the ability of + different information systems, devices, or applications to connect, + regardless of the technology platform or the location where care is + provided-- + ``(A) in a coordinated and secure manner, within and across + organizational boundaries, and across the complete spectrum of + care, including all applicable care settings; + ``(B) with relevant stakeholders, including the person + whose information is being shared, to access, exchange, + integrate, and use computable data regardless of the origin or + destination of the data or the applications employed; + ``(C) with the capability to reliably exchange information + without error; + ``(D) with the ability to interpret and to make effective + use of such exchanged information; + ``(E) with the ability for information that can be used to + advance patient care to move between health care entities; and + ``(F) without additional intervention by the end user. + ``(5) The term `meaningfully interact' means the ability to + view, consume, act upon, and edit information in a clinical setting + to facilitate high-quality clinical decision making. + ``(6) The term `seamless health care' means health care which + is optimized through access by patients and clinicians to + integrated, relevant, and complete information about the clinical + experiences of the patient, social and environmental determinants + of health, and health trends over time, in order to enable patients + and clinicians to-- + ``(A) move efficiently within and across organizational + boundaries; + ``(B) make high-quality decisions; and + ``(C) effectively carry out complete plans of care. + ``(7) The term `Secretary concerned' means-- + ``(A) the Secretary of Defense, with respect to matters + concerning the Department of Defense; + ``(B) the Secretary of Veterans Affairs, with respect to + matters concerning the Department of Veterans Affairs; and + ``(C) the Secretary of Homeland Security, with respect to + matters concerning the Coast Guard when it is not operating as + a service in the Department of the Navy. + ``(8) The term `TRICARE program' has the meaning given that + term in section 1072 of title 10, United States Code.''. + (h) Interoperability Strategy.-- + (1) Report required.--Not later than 270 days after the date of + the enactment of this Act, the Director shall submit to each + Secretary concerned and to the appropriate congressional committees + a report that contains a comprehensive interoperability strategy + with respect to electronic health records jointly developed by the + Secretary of Defense and Secretary of Veterans Affairs, including + any accompanying or associated implementation plans and supporting + plans. + (2) Elements.--The comprehensive interoperability strategy + under paragraph (1) shall discuss the purposes described in + paragraphs (K) through (R) of section 1635(b)(2) of the Wounded + Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note), + as amended by subsection (c). + (3) Definitions.--In this subsection: + (A) The term ``appropriate congressional committees'' + means-- + (i) the Committees on Armed Services of the Senate and + the House of Representatives; and + (ii) the Committees on Veterans' Affairs of the Senate + and the House of Representatives. + (B) The term ``Director'' means the individual described in + section 1635(c) of the Wounded Warrior Act (title XVI of Public + Law 110-181; 10 U.S.C. 1071 note), as amended by subsection + (a). + (C) The term ``interoperability'' has the meaning given + that term in subsection (k) of such section, as added by + subsection (g). + (i) Conforming Repeal.--Section 713 of the National Defense +Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. +1071 note) is repealed. + SEC. 716. EXPANSION OF STRATEGY TO IMPROVE ACQUISITION OF MANAGED + CARE SUPPORT CONTRACTS UNDER TRICARE PROGRAM. + Section 705(c)(1) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1073a note) is amended, +in the matter preceding subparagraph (A), by striking ``, other than +overseas medical support contracts''. + SEC. 717. INCLUSION OF BLAST EXPOSURE HISTORY IN MEDICAL RECORDS OF + MEMBERS OF THE ARMED FORCES. + (a) Requirement.--If a covered incident occurs with respect to a +member of the Armed Forces, the Secretary of Defense, in coordination +with the Secretaries of the military departments, shall document blast +exposure history in the medical record of the member to assist in +determining whether a future illness or injury of the member is +service-connected and inform future blast exposure risk mitigation +efforts of the Department of Defense. + (b) Elements.--A blast exposure history under subsection (a) shall +include, at a minimum, the following: + (1) The date of the exposure. + (2) The duration of the exposure, and, if known, the measured + blast pressure experienced by the individual during such exposure. + (3) Whether the exposure occurred during combat or training. + (c) Report.--Not later than one year 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 types of information included in a +blast exposure history under subsection (a). + (d) Covered Incident Defined.--In this section, the term ``covered +incident'' means a concussive event or injury that requires a military +acute concussive evaluation by a skilled health care provider. + SEC. 718. COMPREHENSIVE POLICY FOR PROVISION OF MENTAL HEALTH CARE + TO MEMBERS OF THE ARMED FORCES. + (a) Policy Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, acting through the +Under Secretary of Defense for Personnel and Readiness, shall develop +and implement a comprehensive policy for the provision of mental health +care to members of the Armed Forces. + (b) Elements.--The policy under subsection (a) shall address each +of the following: + (1) The compliance of health professionals in the military + health system engaged in the provision of health care services to + members with clinical practice guidelines for-- + (A) suicide prevention; + (B) medication-assisted therapy for alcohol use disorders; + and + (C) medication-assisted therapy for opioid use disorders. + (2) The access and availability of mental health care services + to members who are victims of sexual assault or domestic violence. + (3) The availability of naloxone reversal capability on + military installations. + (4) The promotion of referrals of members by civilian health + care providers to military medical treatment facilities when such + members are-- + (A) at high risk for suicide and diagnosed with a + psychiatric disorder; or + (B) receiving treatment for opioid use disorders. + (5) The provision of comprehensive behavioral health treatment + to members of the reserve components that takes into account the + unique challenges associated with the deployment pattern of such + members and the difficulty such members encounter post-deployment + with respect to accessing such treatment in civilian communities. + (c) Consideration.--In developing the policy under subsection (a), +the Secretary of Defense shall solicit and consider recommendations +from the Secretaries of the military departments and the Chairman of +the Joint Chiefs of Staff regarding the feasibility of implementation +and execution of particular elements of the policy. + (d) Report.--Not later than 18 months 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 implementation of the policy under +subsection (a). + SEC. 719. LIMITATION ON THE REALIGNMENT OR REDUCTION OF MILITARY + MEDICAL MANNING END STRENGTH. + (a) Limitation.--Except as provided by subsection (d), the +Secretary of Defense and the Secretaries concerned may not realign or +reduce military medical end strength authorizations until-- + (1) each review is conducted under paragraph (1) of subsection + (b); + (2) each analysis is conducted under paragraph (2) of such + subsection; + (3) the measurement is developed under paragraph (3) of such + subsection; + (4) each plan and forum is provided under paragraph (4) of such + subsection; and + (5) a period of 90 days elapses following the date on which the + Secretary submits the report under subsection (c). + (b) Reviews, Analyses, and Other Information.-- + (1) Review.--Each Secretary concerned, in coordination with the + Chairman of the Joint Chiefs of Staff, shall conduct a review of + the medical manpower requirements of the military department of the + Secretary that accounts for all national defense strategy + scenarios. + (2) Analyses.--With respect to each military medical treatment + facility that would be affected by a proposed military medical end + strength realignment or reduction, the Secretary concerned shall + conduct an analysis that-- + (A) identifies affected billets; and + (B) includes a plan for mitigating any potential gap in + health care services caused by such realignment or reduction. + (3) Measurement.--The Secretary of Defense shall-- + (A) develop a standard measurement for network adequacy to + determine the capacity of the local health care network to + provide care for covered beneficiaries in the area of a + military medical treatment facility that would be affected by a + proposed military medical end strength realignment or + reduction; and + (B) use such measurement in carrying out this section and + otherwise evaluating proposed military medical end strength + realignment or reductions. + (4) Outreach.--The Secretary of Defense shall provide to each + member of the Armed Forces and covered beneficiary located in the + area of a military medical treatment facility that would be + affected by a proposed military medical end strength realignment or + reduction the following: + (A) A transition plan for continuity of health care + services. + (B) A public forum to discuss the concerns of the member + and covered beneficiary regarding such proposed realignment or + reduction. + (c) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the House of Representatives and the +Senate a report on the proposed military medical end strength +realignments or reductions, including-- + (1) the reviews, analyses, and other information developed + under subsection (b); and + (2) a description of the actions the Secretary plans to take + with respect to such proposed realignments or reductions. + (d) Exception.-- + (1) In general.--The limitation in subsection (a) shall not + apply-- + (A) to administrative billets of a medical department of a + military department that have remained unfilled since at least + October 1, 2018; + (B) to billets identified as non-clinical in the budget of + the President for fiscal year 2020 submitted to Congress + pursuant to section 1105 of title 31, United States Code, + except that the amount of such billets shall not exceed 1,700; + and + (C) to medical headquarters billets of the military + departments not assigned or directly supporting to operational + commands. + (2) Determination prior to realignment or reduction.--The + Secretary concerned may realign or reduce a billet described in + paragraph (1) if the Secretary determines that such realignment or + reduction does not affect the provision of health care services to + members of the Armed Forces or covered beneficiaries. + (e) Definitions.--In this section: + (1) The term ``covered beneficiary'' has the meaning given that + term in section 1072 of title 10, United States Code. + (2) The term ``proposed military medical end strength + realignment or reduction'' means a realignment or reduction of + military medical end strength authorizations as proposed by the + budget of the President for fiscal year 2020 submitted to Congress + pursuant to section 1105 of title 31, United States Code. + (3) The term ``Secretary concerned'' means-- + (A) the Secretary of the Army, with respect to matters + concerning the Army; + (B) the Secretary of the Navy, with respect to matters + concerning the Navy, the Marine Corps, and the Coast Guard when + it is operating as a service in the Department of the Navy; and + (C) the Secretary of the Air Force, with respect to matters + concerning the Air Force. + SEC. 720. STRATEGY TO RECRUIT AND RETAIN MENTAL HEALTH PROVIDERS. + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the Committees on Armed +Services of the Senate and the House of Representatives a report that-- + (1) describes the shortage of mental health providers of the + Department of Defense; + (2) explains the reasons for such shortage; + (3) explains the effect of such shortage on members of the + Armed Forces; and + (4) contains a strategy to better recruit and retain mental + health providers, including with respect to psychiatrists, + psychologists, mental health nurse practitioners, licensed social + workers, and other licensed providers of the military health + system, in a manner that addresses the need for cultural competence + and diversity among such mental health providers. + SEC. 721. DEVELOPMENT OF PARTNERSHIPS TO IMPROVE COMBAT CASUALTY + CARE FOR PERSONNEL OF THE ARMED FORCES. + (a) Partnerships.-- + (1) In general.--The Secretary of Defense, 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), may 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 may partner with level I civilian trauma + centers to provide training and readiness for the next generation + of medical providers to treat critically injured burn patients. + (b) Support of Partnerships.--The Secretary of Defense may 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 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). + SEC. 722. MODIFICATION TO REFERRALS FOR MENTAL HEALTH SERVICES. + If the Secretary of Defense is unable to provide mental health +services in a military medical treatment facility to a member of the +Armed Forces within 15 days of the date on which such services are +first requested by the member, the Secretary may refer the member to a +provider under the TRICARE program (as that term is defined in section +1072 of title 10, United States Code) to receive such services. Subtitle C--Reports and Other Matters -SEC. 721. EXTENSION AND CLARIFICATION OF AUTHORITY FOR JOINT DEPARTMENT - OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL - FACILITY DEMONSTRATION FUND. - + SEC. 731. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE UNIFORMED + SERVICES AGAINST THE UNITED STATES FOR PERSONAL INJURY OR DEATH + CAUSED BY MEDICAL MALPRACTICE. + (a) Medical Malpractice Claims.-- + (1) In general.--Chapter 163 of title 10, United States Code, + is amended by inserting after section 2733 the following new + section: +``Sec. 2733a. Medical malpractice claims by members of the uniformed + services + ``(a) In General.--Consistent with this section and under such +regulations as the Secretary of Defense shall prescribe under +subsection (f), the Secretary may allow, settle, and pay a claim +against the United States for personal injury or death incident to the +service of a member of the uniformed services that was caused by the +medical malpractice of a Department of Defense health care provider. + ``(b) Requirement for Claims.--A claim may be allowed, settled, and +paid under subsection (a) only if-- + ``(1) the claim is filed by the member of the uniformed + services who is the subject of the medical malpractice claimed, or + by an authorized representative on behalf of such member who is + deceased or otherwise unable to file the claim due to + incapacitation; + ``(2) the claim is for personal injury or death caused by the + negligent or wrongful act or omission of a Department of Defense + health care provider in the performance of medical, dental, or + related health care functions while such provider was acting within + the scope of employment; + ``(3) the act or omission constituting medical malpractice + occurred in a covered military medical treatment facility; + ``(4) the claim is presented to the Department in writing + within two years after the claim accrues; + ``(5) the claim is not allowed to be settled and paid under any + other provision of law; and + ``(6) the claim is substantiated as prescribed in regulations + prescribed by the Secretary of Defense under subsection (f). + ``(c) Liability.--(1) The Department of Defense is liable for only +the portion of compensable injury, loss, or damages attributable to the +medical malpractice of a Department of Defense health care provider. + ``(2) The Department of Defense shall not be liable for the +attorney fees of a claimant under this section. + ``(d) Payment of Claims.--(1) If the Secretary of Defense +determines, pursuant to regulations prescribed by the Secretary under +subsection (f), that a claim under this section in excess of $100,000 +is meritorious, and the claim is otherwise payable under this section, +the Secretary may pay the claimant $100,000 and report any meritorious +amount in excess of $100,000 to the Secretary of the Treasury for +payment under section 1304 of title 31. + ``(2) Except as provided in paragraph (1), no claim may be paid +under this section unless the amount tendered is accepted by the +claimant in full satisfaction. + ``(e) Reporting Medical Malpractice.--Not later than 30 days after +a determination of medical malpractice or the payment of all or part of +a claim under this section, the Secretary of Defense shall submit to +the Director of the Defense Health Agency a report documenting such +determination or payment to be used by the Director for all necessary +and appropriate purposes, including medical quality assurance. + ``(f) Regulations.--(1) The Secretary of Defense shall prescribe +regulations to implement this section. + ``(2) Regulations prescribed by the Secretary under paragraph (1) +shall include the following: + ``(A) Policies and procedures to ensure the timely, efficient, + and effective processing and administration of claims under this + section, including-- + ``(i) the filing, receipt, investigation, and evaluation of + a claim; + ``(ii) the negotiation, settlement, and payment of a claim; + ``(iii) such other matters relating to the processing and + administration of a claim, including an administrative appeals + process, as the Secretary considers appropriate. + ``(B) Uniform standards consistent with generally accepted + standards used in a majority of States in adjudicating claims under + chapter 171 of title 28 (commonly known as the `Federal Tort Claims + Act') to be applied to the evaluation, settlement, and payment of + claims under this section without regard to the place of occurrence + of the medical malpractice giving rise to the claim or the military + department or service of the member of the uniformed services, and + without regard to foreign law in the case of claims arising in + foreign countries, including uniform standards to be applied to + determinations with respect to-- + ``(i) whether an act or omission by a Department of Defense + health care provider in the context of performing medical, + dental, or related health care functions was negligent or + wrongful, considering the specific facts and circumstances; + ``(ii) whether the personal injury or death of the member + was caused by a negligent or wrongful act or omission of a + Department of Defense health care provider in the context of + performing medical, dental, or related health care functions, + considering the specific facts and circumstances; + ``(iii) requirements relating to proof of duty, breach of + duty, and causation resulting in compensable injury or loss, + subject to such exclusions as may be established by the + Secretary of Defense; and + ``(iv) calculation of damages. + ``(C) Such other matters as the Secretary considers + appropriate. + ``(3) In order to implement expeditiously the provisions of this +section, the Secretary may prescribe the regulations under this +subsection-- + ``(A) by prescribing an interim final rule; and + ``(B) not later than one year after prescribing such interim + final rule and considering public comments with respect to such + interim final rule, by prescribing a final rule. + ``(g) Limitation on Attorney Fees.--(1) No attorney shall charge, +demand, receive, or collect for services rendered, fees in excess of 20 +percent of any claim paid pursuant to this section. + ``(2) Any attorney who charges, demands, receives, or collects for +services rendered in connection with a claim under this section any +amount in excess of the amount allowed under paragraph (1), if recovery +be had, shall be fined not more than $2,000, imprisoned not more than +one year, or both. + ``(h) Annual Report.--Not less frequently than annually until 2025, +the Secretary of Defense shall submit to the Committees on Armed +Services of the Senate and the House of Representatives a report-- + ``(1) indicating the number of claims processed under this + section; + ``(2) indicating the resolution of each such claim; and + ``(3) describing any other information that may enhance the + effectiveness of the claims process under this section. + ``(i) Definitions.--In this section: + ``(1) Covered military medical treatment facility.--The term + `covered military medical treatment facility' means a facility + described in subsection (b), (c), or (d) of section 1073d of this + title. + ``(2) Department of defense health care provider.--The term + `Department of Defense health care provider' means a member of the + uniformed services, civilian employee of the Department of Defense, + or personal services contractor of the Department (under section + 1091 of this title) authorized by the Department to provide health + care services and acting within the scope of employment of such + individual. + ``(3) Member of the uniformed services.--The term `member of + the uniformed services' includes a member of a reserve component of + the armed forces if the claim by the member under this section is + in connection with personal injury or death that occurred while the + member was in Federal status.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 163 of such title is amended by inserting after the item + relating to section 2733 the following new item: + +``2733a. Medical malpractice claims by members of the uniformed + services.''. + + (b) Interim Briefing on Development of Regulations.--Not later than +180 days after the date of the enactment of this Act, the Secretary of +Defense shall provide to the Committees on Armed Services of the Senate +and the House of Representatives a briefing on the development of +regulations under section 2733a(f) of title 10, United States Code, as +added by subsection (a)(1). + (c) Conforming Amendments.-- + (1) Section 2735 of such title is amended by striking ``2733,'' + and inserting ``2733, 2733a,''. + (2) Section 1304(a)(3)(D) of title 31, United States Code, is + amended by striking ``2733,'' and inserting ``2733, 2733a,''. + (d) Effective Date and Transition Provision.-- + (1) Effective date.--The amendments made by this section shall + apply to any claim filed under section 2733a of such title, as + added by subsection (a)(1), on or after January 1, 2020. + (2) Transition.--Any claim filed in calendar year 2020 shall be + deemed to be filed within the time period specified in section + 2733a(b)(4) of such title, as so added, if it is filed within three + years after it accrues. + SEC. 732. EXTENSION AND CLARIFICATION OF AUTHORITY FOR JOINT + DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL + FACILITY DEMONSTRATION FUND. Title XVII of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567) is amended-- - (1) in section 1701(a)-- - (A) by striking ``Subject to subsection (b), the'' - and inserting ``The''; - (B) by striking subsection (b); and - (C) by redesignating subsections (c) through (f) as - subsections (b) through (e), respectively; - (2) in section 1702(a)(1), by striking ``hereafter in this - title'' and inserting ``in this section''; - (3) in section 1703, in subsections (a) and (c), by + (1) in section 1701-- + (A) in subsection (a), by striking ``Subject to subsection + (b), the'' and inserting ``The''; + (B) by striking subsection (b); and + (C) by redesignating subsections (c) through (f) as + subsections (b) through (e), respectively; + (2) in section 1702(a)(1), by striking ``hereafter in this + title'' and inserting ``in this section''; + (3) in section 1703, in subsections (a) and (c), by striking + ``the facility'' and inserting ``the James A. Lovell Federal Health + Care Center''; + (4) in section 1704-- + (A) in subsections (a)(3), (a)(4)(A), and (b)(1), by striking ``the facility'' and inserting ``the James A. Lovell - Federal Health Care Center''; - (4) in section 1704-- - (A) in subsections (a)(3), (a)(4)(A), and (b)(1), - by striking ``the facility'' and inserting ``the James - A. Lovell Federal Health Care Center''; and - (B) in subsection (e), as most recently amended by - section 731 of the John S. McCain National Defense - Authorization Act for Fiscal Year 2019 (Public Law 115- - 232), by striking ``September 30, 2020'' and inserting - ``September 30, 2021''; - (5) in section 1705-- - (A) in subsection (a), by striking ``the facility'' - and inserting ``the James A. Lovell Federal Health Care - Center (in this section referred to as the - `JALFHCC')''; - (B) in subsection (b), in the matter preceding - paragraph (1), by striking ``the facility'' and - inserting ``the JALFHCC''; and - (C) in subsection (c)-- - (i) by striking ``the facility'' each place - it appears and inserting ``the JALFHCC''; and - (ii) by adding at the end the following new - paragraph: - ``(4) To permit the JALFHCC to enter into personal services - contracts to carry out health care responsibilities in the - JALFHCC to the same extent and subject to the same conditions - and limitations as apply under section 1091 of title 10, United - States Code, to the Secretary of Defense with respect to health - care responsibilities in medical treatment facilities of the - Department of Defense.''. - -SEC. 722. APPOINTMENT OF NON-EX OFFICIO MEMBERS OF THE HENRY M. JACKSON - FOUNDATION FOR THE ADVANCEMENT OF MILITARY MEDICINE. - + Federal Health Care Center''; and + (B) in subsection (e), as most recently amended by section + 731 of the John S. McCain National Defense Authorization Act + for Fiscal Year 2019 (Public Law 115-232), by striking + ``September 30, 2020'' and inserting ``September 30, 2021''; + (5) in section 1705-- + (A) in subsection (a), by striking ``the facility'' and + inserting ``the James A. Lovell Federal Health Care Center (in + this section referred to as the `JALFHCC')''; + (B) in subsection (b), in the matter preceding paragraph + (1), by striking ``the facility'' and inserting ``the + JALFHCC''; and + (C) in subsection (c)-- + (i) by striking ``the facility'' each place it appears + and inserting ``the JALFHCC''; and + (ii) by adding at the end the following new paragraph: + ``(4) To permit the JALFHCC to enter into personal services + contracts to carry out health care responsibilities in the JALFHCC + to the same extent and subject to the same conditions and + limitations as apply under section 1091 of title 10, United States + Code, to the Secretary of Defense with respect to health care + responsibilities in medical treatment facilities of the Department + of Defense.''. + SEC. 733. APPOINTMENT OF NON-EX OFFICIO MEMBERS OF THE HENRY M. + JACKSON FOUNDATION FOR THE ADVANCEMENT OF MILITARY MEDICINE. (a) Appointment by Non-ex Officio Members.--Subparagraph (C) of paragraph (1) of section 178(c) of title 10, United States Code, is amended to read as follows: - ``(C) six members, each of whom shall be appointed at the - expiration of the term of a member appointed under this - subparagraph, as provided for in paragraph (2), by the members - currently serving on the Council pursuant to this subparagraph - and paragraph (2), including the member whose expiring term is - so being filled by such appointment.''. + ``(C) six members, each of whom shall be appointed at the + expiration of the term of a member appointed under this + subparagraph, as provided for in paragraph (2), by the members + currently serving on the Council pursuant to this subparagraph and + paragraph (2), including the member whose expiring term is so being + filled by such appointment.''. (b) Repeal of Obsolete Authority Establishing Staggered Terms.-- Paragraph (2) of such section is amended-- - (1) by striking ``except that--'' and all that follows - through ``any person'' and inserting ``except that any - person''; - (2) by striking ``; and'' and inserting a period; and - (3) by striking subparagraph (B). + (1) by striking ``except that--'' and all that follows through + ``any person'' and inserting ``except that any person''; + (2) by striking ``; and'' and inserting a period; and + (3) by striking subparagraph (B). (c) Effective Date.-- - (1) In general.--The amendments made by this section shall - take effect on the date of the enactment of this Act. - (2) Construction for current members.--Nothing in the - amendments made by this section shall be construed to terminate - or otherwise alter the appointment or term of service of - members of the Henry M. Jackson Foundation for the Advancement - of Military Medicine who are so serving on the date of the - enactment of this Act pursuant to an appointment under - paragraph (1)(C) or (2) of section 178(c) of title 10, United - States Code, made before that date. - -SEC. 723. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS. - - Section 7081(d) of title 10, United States Code, is amended by -striking ``Dental Corps Officer'' and inserting ``Army Medical -Department Officer''. - -SEC. 724. ESTABLISHMENT OF ACADEMIC HEALTH SYSTEM IN NATIONAL CAPITAL - REGION. - + (1) In general.--The amendments made by this section shall take + effect on the date of the enactment of this Act. + (2) Construction for current members.--Nothing in the + amendments made by this section shall be construed to terminate or + otherwise alter the appointment or term of service of members of + the Henry M. Jackson Foundation for the Advancement of Military + Medicine who are so serving on the date of the enactment of this + Act pursuant to an appointment under paragraph (1)(C) or (2) of + section 178(c) of title 10, United States Code, made before that + date. + SEC. 734. ESTABLISHMENT OF ACADEMIC HEALTH SYSTEM IN NATIONAL + CAPITAL REGION. (a) In General.--Chapter 104 of title 10, United States Code, is amended by inserting after section 2113a the following new section: ``Sec. 2113b. Academic Health System @@ -8706,12 +15075,7 @@ System established under subsection (a). the health care, health professions education, and health research activities described in subsection (a) and are in addition to similar leadership positions for members of the armed forces. - ``(c) Administration.--The Secretary may use such authorities under -this chapter relating to the health care, health professions education, -and health research activities of the military health system as the -Secretary considers appropriate for the administration of the Academic -Health System established under subsection (a). - ``(d) National Capital Region Defined.--In this section, the term + ``(c) National Capital Region Defined.--In this section, the term `National Capital Region' means the area, or portion thereof, as determined by the Secretary, in the vicinity of the District of Columbia.''. @@ -8720,10 +15084,8 @@ chapter 104 of such title is amended by inserting after the item relating to section 2113a the following new item: ``2113b. Academic Health System.''. - -SEC. 725. PROVISION OF VETERINARY SERVICES BY VETERINARY PROFESSIONALS - OF THE DEPARTMENT OF DEFENSE IN EMERGENCIES. - + SEC. 735. PROVISION OF VETERINARY SERVICES BY VETERINARY + PROFESSIONALS OF THE DEPARTMENT OF DEFENSE IN EMERGENCIES. (a) In General.--Chapter 53 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1060c. Provision of veterinary services in emergencies @@ -8736,48 +15098,175 @@ provision of such services is within the scope of the authorized duties of such veterinary professional for the Department of Defense. ``(b) Veterinary Professional Described.--A veterinary professional described in this subsection is an individual who is-- - ``(1)(A) a member of the armed forces, a civilian employee - of the Department of Defense, or otherwise credentialed and - privileged at a Federal veterinary institution or location - designated by the Secretary of Defense for purposes of this - section; or - ``(B) a member of the National Guard performing training or - duty under section 502(f) of title 32; - ``(2) certified as a veterinary professional by a - certification recognized by the Secretary of Defense; and - ``(3) currently licensed by a State, the District of - Columbia, or a territory or possession of the United States to - provide veterinary services. + ``(1)(A) a member of the armed forces, a civilian employee of + the Department of Defense, or otherwise credentialed and privileged + at a Federal veterinary institution or location designated by the + Secretary of Defense for purposes of this section; or + ``(B) a member of the National Guard performing training or + duty under section 502(f) of title 32; + ``(2) certified as a veterinary professional by a certification + recognized by the Secretary of Defense; and + ``(3) currently licensed by a State, the District of Columbia, + or a territory or possession of the United States to provide + veterinary services. ``(c) Purposes Described.--The purposes described in this subsection are veterinary services in response to any of the following: - ``(1) A national emergency declared by the President - pursuant to the National Emergencies Act (50 U.S.C. 1601 et - seq.). - ``(2) A major disaster or an emergency (as those terms are - defined in section 102 of the Robert T. Stafford Disaster - Relief and Emergency Assistance Act (42 U.S.C. 5122)). - ``(3) A public health emergency declared by the Secretary - of Health and Human Services under section 319 of the Public - Health Service Act (42 U.S.C. 247d). - ``(4) An extraordinary emergency, as determined by the - Secretary of Agriculture under section 10407(b) of the Animal - Health Protection Act (7 U.S.C. 8306(b)).''. + ``(1) A national emergency declared by the President pursuant + to the National Emergencies Act (50 U.S.C. 1601 et seq.). + ``(2) A major disaster or an emergency (as those terms are + defined in section 102 of the Robert T. Stafford Disaster Relief + and Emergency Assistance Act (42 U.S.C. 5122)). + ``(3) A public health emergency declared by the Secretary of + Health and Human Services under section 319 of the Public Health + Service Act (42 U.S.C. 247d). + ``(4) An extraordinary emergency, as determined by the + Secretary of Agriculture under section 10407(b) of the Animal + Health Protection Act (7 U.S.C. 8306(b)).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 53 of such title is amended by inserting after the item relating to section 1060b the following new item: ``1060c. Provision of veterinary services in emergencies.''. - -SEC. 726. FIVE-YEAR EXTENSION OF AUTHORITY TO CONTINUE THE DOD-VA - HEALTH CARE SHARING INCENTIVE FUND. - + SEC. 736. THREE-YEAR EXTENSION OF AUTHORITY TO CONTINUE THE DOD-VA + HEALTH CARE SHARING INCENTIVE FUND. Section 8111(d)(3) of title 38, United States Code, is amended by -striking ``September 30, 2020'' and inserting, ``September 30, 2025''. - -SEC. 727. PILOT PROGRAM ON CIVILIAN AND MILITARY PARTNERSHIPS TO - ENHANCE INTEROPERABILITY AND MEDICAL SURGE CAPABILITY AND - CAPACITY OF NATIONAL DISASTER MEDICAL SYSTEM. - +striking ``September 30, 2020'' and inserting, ``September 30, 2023''. + SEC. 737. PRESERVATION OF RESOURCES OF THE ARMY MEDICAL RESEARCH + AND MATERIEL COMMAND AND CONTINUATION AS CENTER OF EXCELLENCE. + (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, at not less +than the level of such resources as of the date of the enactment of +this Act until September 30, 2022. + (b) Transfer of Funds.--On October 1, 2022, all amounts available +for the Army Medical Research and Materiel Command 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 September 30, +2022, 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. + SEC. 738. ENCOURAGEMENT OF PARTICIPATION IN WOMEN'S HEALTH + TRANSITION TRAINING PILOT PROGRAM. + (a) Encouragement of Participation.--The Secretaries of the +military departments shall encourage female members of the Armed Forces +who are separating or retiring from the Armed Forces during fiscal year +2020 to participate in the Women's Health Transition Training pilot +program (in this section referred to as the ``pilot program'') +administered by the Secretary of Veterans Affairs. + (b) Selection.--Each Secretary of a military department shall +select at least one location at which the pilot program is offered and +encourage participation in the pilot program at such location. + (c) Report.--Not later than September 30, 2020, the Secretary of +Defense, in consultation with the Secretary of Veterans Affairs, shall +submit to the Committees on Armed Services of the Senate and the House +of Representatives and the Committees on Veterans' Affairs of the +Senate and House of Representatives a report on the pilot program that +includes the following: + (1) For the period since the commencement of the pilot + program-- + (A) the number of courses held under the pilot program; + (B) the locations at which such courses were held; and + (C) for each location identified in subparagraph (B)-- + (i) the number of female members by military department + (with respect to Department of the Navy, separately for the + Navy and Marine Corps) who participated in the pilot + program; and + (ii) the number of seats available under the pilot + program. + (2) Data relating to-- + (A) satisfaction with courses held under the pilot program; + (B) improved awareness of health care services administered + by the Secretary of Veterans Affairs; and + (C) any other available statistics regarding the pilot + program. + (3) A discussion of regulatory, legal, or resource barriers + to-- + (A) making the pilot program permanent to enable access by + a greater number of female members at locations throughout the + United States; + (B) offering the pilot program online for female members + who are unable to attend courses held under the pilot program + in person; and + (C) providing for automatic enrollment of participants in + the pilot program in the patient enrollment system of the + Department of Veterans Affairs established and operated under + section 1705 of title 38, United States Code. + SEC. 739. NATIONAL GUARD SUICIDE PREVENTION PILOT PROGRAM. + (a) Pilot Program Authorized.--The Chief of the National Guard +Bureau may carry out a pilot program to expand suicide prevention and +intervention efforts at the community level through the use of a mobile +application that provides the capability for a member of the National +Guard to receive prompt support, including access to a behavioral +health professional, on a smartphone, tablet computer, or other +handheld mobile device. + (b) Elements.--The pilot program shall include, subject to such +conditions as the Secretary may prescribe-- + (1) the use by members of the National Guard of an existing + mobile application that provides the capability described in + subsection (a); or + (2) the development and use of a new mobile application that + provides such capability. + (c) Eligibility and Participation Requirements.--The Chief of the +National Guard Bureau shall establish requirements with respect to +eligibility and participation in the pilot program. + (d) Assessment Prior to Pilot Program Commencement.--Prior to +commencement of the pilot program, the Chief of the National Guard +Bureau shall-- + (1) conduct an assessment of existing prevention and + intervention efforts of the National Guard in each State that + include the use of mobile applications that provide the capability + described in subsection (a) to determine best practices for + providing immediate and localized care through the use of such + mobile applications; and + (2) determine the feasibility of expanding existing programs on + a national scale. + (e) Responsibilities of Entities Participating in Pilot Program.-- +Each entity that participates in the pilot program shall-- + (1) share best practices with other entities participating in + the program; and + (2) annually assess outcomes with respect to members of the + National Guard. + (f) Term.--The pilot program shall terminate on the date that is +three years after the date on which the pilot program commenced. + (g) Reports.-- + (1) Initial report.--If the Chief of the National Guard Bureau + commences the pilot program authorized under subsection (a), not + later than 180 days after the date of the commencement of such + program, the Chief shall submit to the Committees on Armed Services + of the Senate and the House of Representatives a report containing + a description of the pilot program and such other matters as the + Chief considers appropriate. + (2) Final report.-- + (A) In general.--Not later than 180 days after the + termination of the pilot program, the Chief of the National + Guard Bureau shall submit to the Committees on Armed Services + of the Senate and the House of Representatives a report on such + pilot program. + (B) Matters included.--The report under subparagraph (A) + shall include the following: + (i) A description of the pilot program, including any + partnerships entered into by the Chief of the National + Guard Bureau under the program. + (ii) An assessment of the effectiveness of the pilot + program. + (iii) A description of costs associated with the + implementation of the pilot program. + (iv) The estimated costs of making the pilot program + permanent. + (v) A recommendation as to whether the pilot program + should be extended or made permanent. + (vi) Such other recommendations for legislative or + administrative action as the Chief of the National Guard + Bureau considers appropriate. + (h) State Defined.--In this section, the term ``State'' means each +of the several States, the District of Columbia, the Commonwealth of +Puerto Rico, American Samoa, Guam, the United States Virgin Islands, +and the Commonwealth of the Northern Mariana Islands. + SEC. 740. PILOT PROGRAM ON CIVILIAN AND MILITARY PARTNERSHIPS TO + ENHANCE INTEROPERABILITY AND MEDICAL SURGE CAPABILITY AND + CAPACITY OF NATIONAL DISASTER MEDICAL SYSTEM. (a) In General.--The Secretary of Defense may carry out a pilot program to establish partnerships with public, private, and nonprofit health care organizations, institutions, and entities in collaboration @@ -8786,13 +15275,13 @@ Human Services, the Secretary of Homeland Security, and the Secretary of Transportation to enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System under section 2812 of the Public Health Service Act (42 U.S.C. 300hh-11) in -the vicinity of major aeromedical transport hubs of the Department of -Defense. +the vicinity of major aeromedical and other transport hubs and +logistics centers of the Department of Defense. (b) Duration.--The Secretary of Defense may carry out the pilot program under subsection (a) for a period of not more than five years. (c) Locations.--The Secretary shall carry out the pilot program -under subsection (a) at not fewer than five aeromedical transport hub -regions in the United States. +under subsection (a) at not fewer than five aeromedical or other +transport hub regions or logistics centers in the United States. (d) Requirements.--In establishing partnerships under the pilot program under subsection (a), the Secretary, in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human @@ -8805,165 +15294,949 @@ and surveillance. metrics to evaluate the effectiveness of the pilot program under subsection (a). (f) Reports.-- - (1) Initial report.-- - (A) In general.--Not later than 180 days after the - commencement of the pilot program under subsection (a), - the Secretary shall submit to the Committees on Armed - Services of the Senate and the House of Representatives - a report on the pilot program. - (B) Elements.--The report required by subparagraph - (A) shall include the following: - (i) A description of the pilot program. - (ii) The requirements established under - subsection (d). - (iii) The evaluation metrics established - under subsection (e). - (iv) Such other matters relating to the - pilot program as the Secretary considers - appropriate. - (2) Final report.-- - (A) In general.--Not later than 180 days after - completion of the pilot program under subsection (a), - the Secretary shall submit to the Committees on Armed - Services of the Senate and the House of Representatives - a report on the pilot program. - (B) Elements.--The report required by subparagraph - (A) shall include the following: - (i) A description of the pilot program, - including the partnerships established under - the pilot program as described in subsection - (a). - (ii) An assessment of the effectiveness of - the pilot program. - (iii) Such recommendations for legislative - or administrative action as the Secretary - considers appropriate in light of the pilot - program, including recommendations for - extending or making permanent the authority for - the pilot program. - -SEC. 728. MODIFICATION OF REQUIREMENTS FOR LONGITUDINAL MEDICAL STUDY - ON BLAST PRESSURE EXPOSURE OF MEMBERS OF THE ARMED - FORCES. - - Section 734 of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 131 Stat. 1444) is amended-- - (1) in subsection (b)-- - (A) in paragraph (2), by striking ``; and'' and - inserting a semicolon; - (B) in paragraph (3), by striking the period at the - end and inserting ``; and''; and - (C) by adding at the end the following new - paragraph: - ``(4) assess the feasibility and advisability of-- - ``(A) uploading the data gathered from the study - into the Defense Occupational and Environmental Health - Readiness System - Industrial Hygiene (DOEHRS-IH) or - similar system; and - ``(B) allowing personnel of the Department of - Defense and the Department of Veterans Affairs to have - access to such system.''; and - (2) in subsection (c)-- - (A) by redesignating paragraph (2) as paragraph - (3); and - (B) by inserting after paragraph (1) the following - new paragraph (2): - ``(2) Annual status report.--Not later than January 1 of - each year during the period beginning on the date of the - enactment of the National Defense Authorization Act for Fiscal - Year 2020 and ending on the completion of the study under - subsection (a), the Secretary shall submit to the Committees on - Armed Services of the Senate and the House of Representatives a - status report on the study.''. + (1) Initial report.-- + (A) In general.--Not later than 180 days after the + commencement of the pilot program under subsection (a), the + Secretary shall submit to the Committees on Armed Services of + the Senate and the House of Representatives a report on the + pilot program. + (B) Elements.--The report required by subparagraph (A) + shall include the following: + (i) A description of the pilot program. + (ii) The requirements established under subsection (d). + (iii) The evaluation metrics established under + subsection (e). + (iv) Such other matters relating to the pilot program + as the Secretary considers appropriate. + (2) Final report.-- + (A) In general.--Not later than 180 days after completion + of the pilot program under subsection (a), the Secretary shall + submit to the Committees on Armed Services of the Senate and + the House of Representatives a report on the pilot program. + (B) Elements.--The report required by subparagraph (A) + shall include the following: + (i) A description of the pilot program, including the + partnerships established under the pilot program as + described in subsection (a). + (ii) An assessment of the effectiveness of the pilot + program. + (iii) An assessment of the cost of the pilot program + and an estimate of the cost of making the pilot program a + permanent part of the budget of the Department of Defense. + (iv) Such recommendations for legislative or + administrative action as the Secretary considers + appropriate in light of the pilot program, including + recommendations for extending or making permanent the + authority for the pilot program. + SEC. 741. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES AND + SUICIDE PREVENTION PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF + DEFENSE. + (a) Department of Defense Reports on Suicide Among Members of the +Armed Forces.-- + (1) Reports required.--Not later than 90 days after the date of + the enactment of this Act, and annually thereafter through January + 31, 2021, the Secretary of Defense shall submit to the Committees + on Armed Services of the House of Representatives and the Senate a + report on suicide among members of the Armed Forces during the year + preceding the date of the report. + (2) Matters included.--Each report under paragraph (1) shall + include the following with respect to the year covered by the + report: + (A) The number of suicides, attempted suicides, and known + cases of suicidal ideation involving a member of the Armed + Forces, including the reserve components thereof, listed by + Armed Force. + (B) The number of suicides, attempted suicides, or known + cases of suicidal ideation identified under subparagraph (A) + that occurred during each of the following periods: + (i) The first 180 days of the member serving in the + Armed Forces. + (ii) The period in which the member is deployed in + support of a contingency operation. + (C) With respect to the number of suicides, attempted + suicides, or known cases of suicidal ideation identified under + subparagraph (B)(i), the initial recruit training location of + the member. + (D) The number of suicides involving a dependent of a + member. + (E) A description of any research collaborations and data + sharing by the Department of Defense with the Department of + Veterans Affairs, other departments or agencies of the Federal + Government, academic institutions, or nongovernmental + organizations. + (F) Identification of a research agenda for the Department + of Defense to improve the evidence base on effective suicide + prevention treatment and risk communication. + (G) The availability and usage of the assistance of + chaplains, houses of worship, and other spiritual resources for + members of the Armed Forces who identify as religiously + affiliated and have attempted suicide, have experienced + suicidal ideation, or are at risk of suicide, and metrics on + the impact these resources have in assisting religiously- + affiliated members who have access to and utilize them compared + to religiously-affiliated members who do not. + (H) A description of the effectiveness of the policies + developed pursuant to section 567 of the Carl Levin and Howard + P. ``Buck'' McKeon National Defense Authorization Act for + Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 1071 note) and + section 582 of the National Defense Authorization Act for + Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071 note), + including with respect to-- + (i) metrics identifying effective treatment modalities + for members of the Armed Forces who are at risk for suicide + (including any clinical interventions involving early + identification and treatment of such members); + (ii) metrics for the rate of integration of mental + health screenings and suicide risk and prevention for + members during the delivery of primary care for such + members; + (iii) metrics relating to the effectiveness of suicide + prevention and resilience programs and preventative + behavioral health programs of the Department of Defense + (including those of the military departments and the Armed + Forces); and + (iv) metrics evaluating the training standards for + behavioral health care providers to ensure that such + providers have received training on clinical best practices + and evidence-based treatments. + (b) GAO Report on Suicide Prevention Programs and Activities.-- + (1) Report required.--Not later than 240 days after the date of + the enactment of this Act, the Comptroller General of the United + States shall submit to the Committees on Armed Services of the + Senate and the House of Representatives a report on the programs + and activities of the Department of Defense and the Armed Forces + for the prevention of suicide among members of the Armed Forces + (including the reserve components) and their families. + (2) Elements.--The report under paragraph (1) shall include the + following: + (A) A description of the current programs and activities of + the Department of Defense and the Armed Forces for the + prevention of suicide among members of the Armed Forces and + their families. + (B) An assessment whether the programs and activities + described pursuant to subparagraph (A)-- + (i) are evidence-based and incorporate best practices + identified in peer-reviewed medical literature; + (ii) are appropriately resourced; and + (iii) deliver outcomes that are appropriate relative to + peer activities and programs (including those undertaken in + the civilian community and in military forces of other + countries). + (C) A description and assessment of any impediments to the + effectiveness of such programs and activities. + (D) Such recommendations as the Comptroller General + considers appropriate for improvements to such programs and + activities. + (E) Such recommendations as the Comptroller General + considers appropriate for additional programs and activities + for the prevention of suicide among members of the Armed Forces + and their families. + SEC. 742. MODIFICATION OF REQUIREMENTS FOR LONGITUDINAL MEDICAL + STUDY ON BLAST PRESSURE EXPOSURE OF MEMBERS OF THE ARMED FORCES + AND COLLECTION OF EXPOSURE INFORMATION. + (a) Modification of Study.--Section 734 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. +1444) is amended-- + (1) in subsection (b)-- + (A) in paragraph (2), by striking ``; and'' and inserting a + semicolon; + (B) in paragraph (3), by striking the period at the end and + inserting ``; and''; and + (C) by adding at the end the following new paragraph: + ``(4) assess the feasibility and advisability of-- + ``(A) uploading the data gathered from the study into the + Defense Occupational and Environmental Health Readiness System + - Industrial Hygiene (DOEHRS-IH) or similar system; + ``(B) allowing personnel of the Department of Defense and + the Department of Veterans Affairs to have access to such + system; and + ``(C) ensuring such data is interoperable and can be + uploaded into the MHS Genesis electronic health record or + successor system of the Department of Defense.''; and + (2) in subsection (c)-- + (A) by redesignating paragraph (2) as paragraph (3); and + (B) by inserting after paragraph (1) the following new + paragraph (2): + ``(2) Annual status report.--Not later than January 1 of each + year during the period beginning on the date of the enactment of + the National Defense Authorization Act for Fiscal Year 2020 and + ending on the completion of the study under subsection (a), the + Secretary shall submit to the Committees on Armed Services of the + Senate and the House of Representatives a status report on the + study.''. + (b) Collection of Exposure Information.--The Secretary of Defense +shall collect blast exposure information with respect to a member of +the Armed Forces in a manner-- + (1) consistent with blast exposure measurement training + guidance of the Department of Defense, including any guidance + developed pursuant to-- + (A) the longitudinal medical study on blast pressure + exposure required by section 734 of the National Defense + Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 + Stat. 1444); and + (B) the review of guidance on blast exposure during + training required by section 253 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232; 10 U.S.C. 2001 note prec.); + (2) compatible with training and operational objectives of the + Department; and + (3) that is automated, to the extent practicable, to minimize + the reporting burden of unit commanders. + SEC. 743. STUDY AND PLAN ON THE USE OF MILITARY-CIVILIAN INTEGRATED + HEALTH DELIVERY SYSTEMS. + (a) Study.--The Secretary of Defense shall conduct a study on the +use of local military-civilian integrated health delivery systems +pursuant to section 706 of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1096 note). The study +shall examine the following: + (1) Geographic locations where military medical treatment + facilities have existing contractual relationships with local + civilian health care networks, including Fort Drum, New York, Joint + Base McGuire-Dix-Lakehurst, New Jersey, Joint Base Lewis-McCord, + Washington, Fort Leonard Wood, Missouri, Elmendorf Air Force Base, + Alaska, Fort Sill, Oklahoma, Tripler Army Medical Center, Hawaii, + the National Capital Region, and similar locations. + (2) Health care activities that promote value-based care, + measurable health outcomes, patient safety, timeliness of + referrals, and transparent communication with covered + beneficiaries. + (3) Locations where health care providers of the Department of + Defense may be able to attain critical wartime readiness skills in + a local integrated military-civilian integrated health delivery + system. + (4) The cost of providing care under an integrated military- + civilian integrated health delivery system as compared to health + care provided by a managed care support contractor. + (b) Plan.--The Secretary of Defense shall develop a plan for the +further development of the use of local military-civilian integrated +health delivery systems by the Department of Defense. + (c) Submission.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the House of Representatives and the +Senate-- + (1) a report on the results of the study under subsection (a); + and + (2) the plan developed under subsection (b). + (d) Definitions.--In this section: + (1) The term ``covered beneficiaries'' has the meaning given + that term in section 1072 of title 10, United States Code. + (2) The term ``National Capital Region'' has the meaning given + that term in section 2674 of title 10, United States Code. + SEC. 744. STUDY ON CASE MANAGEMENT IN THE MILITARY HEALTH SYSTEM. + (a) Study.--The Secretary of Defense shall conduct a study on the +effectiveness of case management practices in the military health +system. The study shall include the following: + (1) A standardized definition of case management. + (2) An evaluation of case management practices provided by the + military departments before and during the transition of the + administration of military medical treatment facilities to the + Defense Health Agency pursuant to section 1073c of title 10, United + States Code. + (3) A discussion of the metrics used in determining the + effectiveness and cost of case management. + (4) An evaluation of the case management and outreach provided + by the managed care support contractors supporting the Defense + Health Agency, including with respect to-- + (A) the intervals at which patients are contacted; + (B) the role of the case manager in coordination; + (C) the approximate number of patients managed by a case + manager; and + (D) any other best practices relating to case management + that would improve the experience of care across the military + health system. + (5) A review of case management best practices in the private + sector, including with respect to-- + (A) the intervals at which patients should be contacted; + (B) the role of the case manager in coordination; + (C) the approximate number of patients managed by a case + manager; and + (D) any other best practices relating to case management + that would improve the experience of care across the military + health system. + (6) The results of discussions with covered beneficiaries (as + defined in section 1072 of title 10, United States Code) at not + less than four public forums held in different geographic areas, + relating to the satisfaction of such covered beneficiaries with + case management and outreach provided by the Defense Health Agency + and the military departments in military medical treatment + facilities. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the House of Representatives and the +Senate a report on the results of the study under subsection (a). + SEC. 745. REPORT ON GLOBAL HEALTH SECURITY STRATEGY AND THE + NATIONAL BIODEFENSE SECURITY. + (a) Report.--Not later than 180 days after the date on which the +Comptroller General of the United States publishes a review of the +National Biodefense Strategy, the Secretary of Defense shall submit to +the appropriate congressional committees a report on the implementation +of the Global Health Security Strategy and the National Biodefense +Strategy. + (b) Elements.--The report under subsection (a) shall, at a +minimum-- + (1) designate the individual and offices responsible for + overseeing the implementation of each strategy referred to in + subsection (a) within the Department of Defense; + (2) detail actions that the Department is taking to support + implementation of the Global Health Security Agenda; + (3) detail actions taken to coordinate the efforts of the + Department with the other agencies responsible for the Global + Health Security Strategy and National Biodefense Strategy; and + (4) with respect to the review of the National Biodefense + Strategy conducted by the Comptroller General-- + (A) detail the recommendations in the review that the + Secretary plans on or is currently implementing; + (B) specify the official implementing such recommendations + and the actions the official is taking to implement the + recommendations; + (C) specify the recommendations in the review that the + Secretary has determined not to implement; and + (D) explain the rationale of the Secretary with respect to + not implementing such recommendations. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; + (2) the Committee on Foreign Affairs, the Committee on Energy + and Commerce, and the Committee on Homeland Security of the House + of Representatives; and + (3) the Committee on Foreign Relations, the Committee on + Health, Education, Labor, and Pensions, and the Committee on + Homeland Security and Governmental Affairs of the Senate. + SEC. 746. STUDY ON ESTABLISHMENT OF WOUNDED WARRIOR SERVICE DOG + PROGRAM. + (a) Study.--Not later than one year after the date of the enactment +of this Act, the Secretary of Defense shall conduct a study on the +feasibility of establishing a wounded warrior service dog program. + (b) Elements.--The study under subsection (a) shall include the +following: + (1) An assessment of the need and feasibility of establishing a + wounded warrior service dog program. + (2) With respect to a nonprofit organization seeking a grant + under a wounded warrior service dog program, an assessment of the + feasibility of requiring that the organization-- + (A) specify the training requirements for covered members; + (B) detail the training of dogs that will serve as + assistance dogs; + (C) establish a database-- + (i) to track whether a dog has prior experience as a + military working dog, service dog, or assistance dog; and + (ii) that contains a designation for each dog with + prior experience as a military working dog; + (D) describe the aftercare services that the organization + will provide to assistance dogs and covered members; and + (E) possess the appropriate accreditation standards for + assistance dogs, as the Secretary determines appropriate. + (3) A list of locations at which the greatest number of covered + members are likely to participate in a wounded warrior service dog + program. + (4) An estimate of the costs required to create a wounded + warrior service dog program. + (5) A list of peer reviewed articles and other appropriate + studies that examine the clinical effectiveness of assistance dogs + with respect to the treatment of patients with disabilities. + (c) Definitions.--In this section: + (1) Assistance dog.-- + (A) In general.--The term ``assistance dog'' means a dog + specifically trained to perform physical tasks to mitigate the + effects of a disability described in subparagraph (B), except + that the term does not include a dog specifically trained for + comfort or personal defense. + (B) Disability described.--A disability described in this + subparagraph is any of the following: + (i) Blindness or visual impairment. + (ii) Loss of limb, paralysis, or other significant + mobility issues. + (iii) Loss of hearing. + (iv) Traumatic brain injury. + (v) Post-traumatic stress disorder. + (vi) Any other disability that the Secretary of Defense + considers appropriate. + (2) Covered member.--The term ``covered member'' means a member + of the Armed Forces who is-- + (A) receiving medical treatment, recuperation, or therapy + under chapter 55 of title 10, United States Code; + (B) in medical hold or medical holdover status; or + (C) covered under section 1202 or 1205 of title 10, United + States Code. + (3) Wounded warrior service dog program.--The term ``wounded + warrior service dog program'' means a pilot program under which the + Secretary of Defense awards competitive grants to non-profit + organizations that would assist such organizations in the planning, + designing, establishing, or operating (or any combination thereof) + of programs to provide assistance dogs to covered members. + SEC. 747. GAO REPORT ON DEPARTMENT OF DEFENSE QUALITY ASSURANCE + PROGRAM AND IMPACTS OF MEDICAL MALPRACTICE ACTIONS. + Not later than January 1, 2021, the Comptroller General of the +United States shall submit to the Committees on Armed Services of the +Senate and the House of Representatives a report containing the +following: + (1) An assessment of the effectiveness of the quality assurance + program of the Department of Defense in querying and monitoring the + National Practitioner Data Bank established pursuant to the Health + Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.) with + respect to-- + (A) recruitment and retention of military service medical + providers; + (B) hiring or contracting of civilian medical providers in + military medical treatment facilities; + (C) recording of adverse privileging and credentialing + actions of such military service medical providers and civilian + medical providers; and + (D) any other matters relating to ensuring the highest + quality of care is provided throughout the military health + system. + (2) An analysis that includes-- + (A) with respect to military health system patients, a + comparison of outcomes for such patients who may bring an + action against the Federal Government for negligence or + malpractice and outcomes for such patients who may not bring + such an action, based on an examination of all relevant data + relating to clinical outcome measures and clinical quality + management process actions; and + (B) a comparison of-- + (i) the elements and average amounts of death and + disability compensation that apply regardless of the + underlying cause of the death or disability; and + (ii) the elements and average amounts of settlements + that result from medical malpractice litigation against the + Federal Government. + SEC. 748. REPORTS ON MILLENNIUM COHORT STUDY RELATING TO WOMEN + MEMBERS OF THE ARMED FORCES. + (a) Annual Reports Required.--Not later than 180 days after the +date of the enactment of this Act, and annually thereafter through +January 31, 2022, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report on findings of the Millennium Cohort Study +relating to the gynecological and perinatal health of women members of +the Armed Forces. + (b) Matters Included.--Each report under subsection (a) shall +include, at a minimum-- + (1) a summary of general findings of the Millennium Cohort + Study pertaining to gynecological and perinatal health, including + diseases, disorders, and conditions that affect the functioning of + reproductive systems, maternal mortality and severe maternal + morbidity, birth defects, developmental disorders, low birth + weight, preterm birth, reduced fertility, menstrual disorders, and + other health concerns; and + (2) identification of-- + (A) all research projects that have concluded during the + year covered by the report and the outcomes of such projects; + (B) areas in which the Millennium Cohort Study can increase + efforts to capture data and produce studies in the field of + gynecological and perinatal health of women members of the + Armed Forces; and + (C) activities underway to achieve such efforts. + (c) Millennium Cohort Study Defined.--In this section, the term +``Millennium Cohort Study'' means the longitudinal study authorized +under section 743 of the Strom Thurmond National Defense Authorization +Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2074) to +evaluate data on the health conditions of members of the Armed Forces +upon the return of the members from deployment. + SEC. 749. STUDY ON EFFECTS OF SLEEP DEPRIVATION ON READINESS OF + MEMBERS OF THE ARMED FORCES. + (a) Study.--The Secretary of Defense shall conduct a study on the +effects of sleep deprivation on the readiness of members of the Armed +Forces. + (b) Elements.--The study under subsection (a) shall include the +following: + (1) A standardized definition of sleep deprivation. + (2) An assessment of the prevalence of sleep deprivation on + members of the Armed Forces related to circadian rhythm + disturbances from crossing multiple time zones, mission related + maladaptive sleep practices, uncomfortable or otherwise + inhospitable sleeping environments, and the use of stimulants and + hypnotics to support operational tempo. + (3) An assessment of whether there may be a relationship + between sleep deprivation and medical conditions such as traumatic + brain injury, post-traumatic stress disorder, and depression. + (4) Recommendations on efforts to mitigate sleep deprivation + described in paragraphs (2) and (3). + (c) Report.--Not later than 270 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report on the results of the study under subsection +(a). + SEC. 750. STUDY AND REPORT ON TRAUMATIC BRAIN INJURY MITIGATION + EFFORTS. + (a) Study.--The Secretary of Defense shall conduct a meta-analysis +of evidence-based traumatic brain injury mitigation efforts by the +Secretary and related Federal agency partners, and efforts discussed in +academic literature, that have demonstrated the best clinical +effectiveness in the treatment of members of the Armed Forces for +traumatic brain injury. + (b) Roadmap.--The Secretary shall develop and include in the study +under subsection (a) a roadmap for implementation across the military +health system of measures that address, with respect to the treatment +of members for traumatic brain injury-- + (1) the process for receiving such treatment; + (2) patient outcomes; + (3) cost; + (4) patient and command satisfaction with such treatment; and + (5) structured documentation to monitor system-wide + implementation of the measures developed pursuant to paragraphs (1) + through (4). + (c) Report.--Not later than 270 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report on the results of the study under subsection +(a). TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS - Subtitle A--Contracting and Acquisition Provisions + TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + MATTERS -SEC. 801. PILOT PROGRAM ON INTELLECTUAL PROPERTY EVALUATION FOR - ACQUISITION PROGRAMS. + Subtitle A--Acquisition Policy and Management +Sec. 800. Authority for continuous integration and delivery of software + applications and upgrades to embedded systems. +Sec. 801. Pilot program on intellectual property evaluation for + acquisition programs. +Sec. 802. Pilot program to use alpha contracting teams for complex + requirements. +Sec. 803. Failure to provide other than certified cost or pricing data + upon request. +Sec. 804. Comptroller General report on price reasonableness. +Sec. 805. Limitation on transfer of funds related to cost overruns and + cost underruns. +Sec. 806. Standardizing data collection and reporting on use of source + selection procedures by Federal agencies. +Sec. 807. Department of Defense use of fixed-price contracts. +Sec. 808. Repeal of continuation of data rights during challenges. +Sec. 809. Repeal of authority to waive acquisition laws to acquire vital + national security capabilities. +Sec. 810. Repeal of the Defense Cost Accounting Standards Board. + + Subtitle B--Amendments to General Contracting Authorities, Procedures, + and Limitations + +Sec. 815. Modification of Director of Operational Test and Evaluation + report. +Sec. 816. Modification of written approval requirement for task and + delivery order single contract awards. +Sec. 817. Responsibility for data analysis and requirements validation + for services contracts. +Sec. 818. Documentation of market research related to commercial item + determinations. +Sec. 819. Availability of data on the use of other transaction authority + and report on the use of authority to carry out prototype + projects. +Sec. 820. Notification of Navy procurement production disruptions. +Sec. 821. Modification to acquisition authority of the Commander of the + United States Cyber Command. +Sec. 822. Extension of Never Contract With the Enemy. +Sec. 823. Modification of justification and approval requirement for + certain Department of Defense contracts. +Sec. 824. Extension of sunset relating to Federal Data Center + Consolidation Initiative. +Sec. 825. Pilot program to accelerate contracting and pricing processes. +Sec. 826. Uniformity in application of micro-purchase threshold to + certain task or delivery orders. +Sec. 827. Requirement for cost estimates on models of commercial e- + commerce portal program. + + Subtitle C--Provisions Relating to Major Defense Acquisition Programs + +Sec. 830. Modification of requirements for reporting to Congress on + certain acquisition programs. +Sec. 831. Pilot program to streamline decision-making processes for + weapon systems. +Sec. 832. Analysis of alternatives pursuant to materiel development + decisions. +Sec. 833. Naval vessel certification required before Milestone B + approval. + + Subtitle D--Provisions Relating to the Acquisition System + +Sec. 835. Extramural acquisition innovation and research activities. +Sec. 836. Report on realignment of the defense acquisition system to + implement acquisition reforms. +Sec. 837. Report and limitation on the availability of funds relating to + the ``middle tier'' of acquisition programs. +Sec. 838. Report on intellectual property policy and the cadre of + intellectual property experts. +Sec. 839. Guidance and reports relating to covered defense business + systems. +Sec. 840. Implementation guidance for use of a modular open system + approach. +Sec. 841. Limitation on availability of funds for the Office of the + Chief Management Officer of the Department of Defense. + + Subtitle E--Industrial Base Matters + +Sec. 845. Modernization of acquisition processes to ensure integrity of + industrial base. +Sec. 846. Report requirements for the national technology and industrial + base. +Sec. 847. Mitigating risks related to foreign ownership, control, or + influence of Department of Defense contractors or + subcontractors. +Sec. 848. Prohibition on operation or procurement of foreign-made + unmanned aircraft systems. +Sec. 849. Modification of prohibition on acquisition of sensitive + materials from non-allied foreign nations. +Sec. 850. Acquisition and disposal of certain rare earth materials. +Sec. 851. Pilot program for development of technology-enhanced + capabilities with partnership intermediaries. +Sec. 852. Authorized official to carry out the procurement technical + assistance cooperative agreement program. +Sec. 853. Requirement that certain ship components be manufactured in + the national technology and industrial base. +Sec. 854. Addition of domestically produced stainless steel flatware and + dinnerware to the Berry Amendment. +Sec. 855. Application of miscellaneous technology base policies and + programs to the Columbia-class submarine program. +Sec. 856. Application of limitation on procurement of goods other than + United States goods to the FFG-Frigate Program. +Sec. 857. Sense of Congress regarding consideration of price in + procurement of the FFG(X) frigate. + + Subtitle F--Provisions Relating to Acquisition Workforce + +Sec. 860. Establishment of Defense Civilian Training Corps. +Sec. 861. Defense acquisition workforce certification, education, and + career fields. +Sec. 862. Software development and software acquisition training and + management programs. +Sec. 863. Modification of temporary assignments of Department of Defense + employees to a private-sector organization. +Sec. 864. Incentives and consideration for qualified training programs. +Sec. 865. Use of qualified apprentices by military construction + contractors. + + Subtitle G--Small Business Matters + +Sec. 870. Requirements relating to credit for certain small business + concern subcontractors. +Sec. 871. Inclusion of best in class designations in annual report on + small business goals. +Sec. 872. Reauthorization and improvement of Department of Defense + Mentor-Protege Program. +Sec. 873. Accelerated payments applicable to contracts with certain + small business concerns under the Prompt Payment Act. +Sec. 874. Postaward explanations for unsuccessful offerors for certain + contracts. +Sec. 875. Small business contracting credit for subcontractors that are + Puerto Rico businesses or covered territory businesses. +Sec. 876. Technical amendment regarding treatment of certain surviving + spouses under the definition of small business concern owned + and controlled by service-disabled veterans. +Sec. 877. Extension of loan assistance and deferral eligibility to + reservists and members of the National Guard beyond periods of + military conflict. +Sec. 878. Modification to the Defense Research and Development Rapid + Innovation Program. +Sec. 879. Alignment of the Department of Defense Small Business + Innovation Research Program and Small Business Technology + Transfer Program with the National Defense Science and + Technology Strategy. +Sec. 880. Assistance for small business concerns participating in the + SBIR and STTR programs. +Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs. +Sec. 882. Funding for defense research activities of small business + concerns. +Sec. 883. Modifications to budget display requirements for the + Department of Defense Small Business Innovation Research + Program and Small Business Technology Transfer Program. +Sec. 884. Pilot program for domestic investment under the SBIR program. + + Subtitle H--Other Matters + +Sec. 885. Review of guidance to contractors on nondiscrimination on the + basis of sex. +Sec. 886. Comptroller General report on contractor violations of certain + labor laws. +Sec. 887. Comptroller General report on contingency contracting. +Sec. 888. Policies and procedures for contractors to report gross + violations of internationally recognized human rights. +Sec. 889. Comptroller General report on oversight of contractors + providing private security functions. +Sec. 890. Prohibition on contracting with persons that have business + operations with the Maduro regime. +Sec. 891. Report on the Combating Trafficking in Persons initiative. +Sec. 892. Improved management of information technology and cyberspace + investments. +Sec. 893. Modification to requirements for purchase of commercial + leasing services pursuant to multiple award contracts. + + Subtitle A--Acquisition Policy and Management + + SEC. 800. AUTHORITY FOR CONTINUOUS INTEGRATION AND DELIVERY OF + SOFTWARE APPLICATIONS AND UPGRADES TO EMBEDDED SYSTEMS. + (a) Software Acquisition and Development Pathways.--The Secretary +of Defense shall establish pathways as described under subsection (b) +to provide for the efficient and effective acquisition, development, +integration, and timely delivery of secure software. Such a pathway +shall include the following: + (1) Use of proven technologies and solutions.--A pathway + established under this section shall provide for the use of proven + technologies and solutions to continuously engineer and deliver + capabilities in software. + (2) Use of authority.--In using the authority under this + section, the Secretary shall consider how such use will-- + (A) initiate the engineering of new software capabilities + quickly; + (B) demonstrate the viability and effectiveness of such + capabilities for operational use not later than one year after + the date on which funds are first obligated to acquire or + develop software; and + (C) allow for the continuous updating and delivery of new + capabilities not less frequently than annually to iteratively + meet a requirement. + (3) Treatment not as major defense acquisition program.-- + Software acquired or developed using the authority under this + section shall not be treated as a major defense acquisition program + for purposes of section 2430 of title 10, United States Code, or + Department of Defense Directive 5000.01 without the specific + direction of the Under Secretary of Defense for Acquisition and + Sustainment or a Senior Acquisition Executive. + (4) Risk-based approach.--The Secretary of Defense shall use a + risk-based approach for the consideration of innovative + technologies and new capabilities for software to be acquired or + developed under this authority to meet needs communicated by the + Joint Chiefs of Staff and the combatant commanders. + (b) Pathways.--The Secretary of Defense may establish as many +pathways as the Secretary determines appropriate and shall establish +the following pathways: + (1) Applications.--The applications software acquisition + pathway shall provide for the use of rapid development and + implementation of applications and other software or software + improvements operated by the Department of Defense, which may + include applications running on commercial commodity hardware + (including modified hardware) and commercially available cloud + computing platforms. + (2) Embedded systems.--The embedded systems software + acquisition pathway shall provide for the rapid development and + insertion of upgrades and improvements for software embedded in + weapon systems and other military-unique hardware systems. + (c) Expedited Process.-- + (1) In general.--A pathway established under subsection (a) + shall provide for-- + (A) a streamlined and coordinated requirements, budget, and + acquisition process to support rapid fielding of software + applications and of software upgrades to embedded systems for + operational use in a period of not more than one year from the + time that the process is initiated; + (B) the collection of data on software fielded; and + (C) continuous engagement with the users of software to + support engineering activities, and to support delivery of + software for operational use in periods of not more than one + year. + (2) Expedited software requirements process.-- + (A) Inapplicability of joint capabilities integration and + development system (jcids) manual.--Software acquisition or + development conducted under the authority of this section shall + not be subject to the Joint Capabilities Integration and + Development System Manual, except pursuant to a modified + process specifically provided for the acquisition or + development of software by the Vice Chairman of the Joint + Chiefs of Staff, in consultation with Under Secretary of + Defense for Acquisition and Sustainment and each service + acquisition executive (as defined in section 101(a)(10) of + title 10, United States Code). + (B) Inapplicability of defense acquisition system + directive.--Software acquisition or development conducted under + the authority of this section shall not be subject to + Department of Defense Directive 5000.01, except when + specifically provided for the acquisition or development of + software by the Under Secretary of Defense for Acquisition and + Sustainment, in consultation with the Vice Chairman of the + Joint Chiefs of Staff and each service acquisition executive. + (d) Elements.--In implementing a pathway established under the +authority of this section, the Secretary shall tailor requirements +relating to-- + (1) iterative development of requirements for software to be + acquired or developed under the authority of this section through + engagement with the user community and through the use of + operational user feedback, in order to continuously define and + update priorities for such requirements; + (2) early identification of the warfighter or user need, + including the rationale for how software capabilities will support + increased lethality and efficiency, and identification of a + relevant user community; + (3) initial contract requirements and format, including the use + of summary-level lists of problems and shortcomings in existing + software and desired features or capabilities of new or upgraded + software; + (4) continuous refinement and prioritization of contract + requirements through use of evolutionary processes, informed by + continuous engagement with operational users throughout the + development and implementation period; + (5) continuous consideration of issues related to lifecycle + costs, technical data rights, and systems interoperability; + (6) planning for support of software capabilities in cases + where the software developer may stop supporting the software; + (7) rapid contracting procedures, including expedited + timeframes for making awards, selecting contract types, defining + teaming arrangements, and defining options; + (8) program execution processes, including supporting + development and test infrastructure, automation and tools, digital + engineering, data collection and sharing with Department of Defense + oversight organizations and with Congress, the role of + developmental and operational testing activities, key decision + making and oversight events, and supporting processes and + activities (such as independent costing activity, operational + demonstration, and performance metrics); + (9) assurances that cybersecurity metrics of the software to be + acquired or developed, such as metrics relating to the density of + vulnerabilities within the code of such software, the time from + vulnerability identification to patch availability, the existence + of common weaknesses within such code, and other cybersecurity + metrics based on widely-recognized standards and industry best + practices, are generated and made available to the Department of + Defense and the congressional defense committees; + (10) administrative procedures, including procedures related to + who may initiate and approve an acquisition under this authority, + the roles and responsibilities of the implementing project or + product teams and supporting activities, team selection and + staffing process, governance and oversight roles and + responsibilities, and appropriate independent technology + assessments, testing, and cost estimation (including relevant + thresholds or designation criteria); + (11) mechanisms and waivers designed to ensure flexibility in + the implementation of a pathway under this section, including the + use of other transaction authority, broad agency announcements, and + other procedures; and + (12) mechanisms the Secretary will use for appropriate + reporting to Congress on the use of this authority, including + notice of initiation of the use of a pathway and data regarding + individual programs or acquisition activities, how acquisition + activities are reflected in budget justification materials or + requests to reprogram appropriated funds, and compliance with other + reporting requirements. + (e) Guidance Required.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Defense shall issue initial + guidance to implement the requirements of this section. + (2) Limitation.--If the Secretary of Defense has not issued + final guidance to implement the requirements of this section before + October 1, 2021, the Secretary may not use the authority under this + section-- + (A) to establish a new pathway to acquire or develop + software; or + (B) to continue activities to acquire or develop software + using a pathway established under initial guidance described in + paragraph (1). + (f) Report.-- + (1) In general.--Not later than October 15, 2020, the Under + Secretary of Defense for Acquisition and Sustainment, in + consultation with the secretaries of the military departments and + other appropriate officials, shall report on the use of the + authority under this section using the initial guidance issued + under subsection (d). + (2) Elements.--The report required under paragraph (1) shall + include the following elements: + (A) The final guidance required by subsection (d)(2), + including a description of the treatment of use of the + authority that was initiated before such final guidance was + issued. + (B) A summary of how the authority under this section has + been used, including a list of the cost estimate, schedule for + development, testing and delivery, and key management risks for + each initiative conducted pursuant to such authority. + (C) Accomplishments from and challenges to using the + authority under this section, including organizational, + cultural, talent, infrastructure, testing, and training + considerations. + (D) Recommendations for legislative changes to the + authority under this section. + (E) Recommendations for regulatory changes to the authority + under this section to promote effective development and + deployment of software acquired or developed under this + section. + SEC. 801. PILOT PROGRAM ON INTELLECTUAL PROPERTY EVALUATION FOR + ACQUISITION PROGRAMS. (a) Pilot Program.--Not later than 180 days after the date of the -enactment of this act, the Secretary of Defense and the Secretaries of +enactment of this Act, the Secretary of Defense and the Secretaries of the military departments may jointly carry out a pilot program to -assess mechanisms to evaluate intellectual property, such as technical -data deliverables and associated license rights, including commercially -available intellectual property valuation analysis and techniques, in -acquisition programs for which they are responsible to better -understand the benefits associated with these techniques on-- - (1) the development of cost-effective intellectual property - strategies, and - (2) assessment and management of the value and costs of - intellectual property during acquisition and sustainment - activities (including source selection evaluation factors) - throughout the acquisition lifecycle for any acquisition - program selected by the Secretary concerned. +assess mechanisms to evaluate intellectual property (such as technical +data deliverables and associated license rights), including +commercially available intellectual property valuation analysis and +techniques, in acquisition programs for which each such Secretary is +responsible to better understand the benefits associated with these +mechanisms on-- + (1) the development of cost-effective intellectual property + strategies; + (2) the assessment and management of the value and acquisition + costs of intellectual property during acquisition and sustainment + activities (including source selection evaluation factors) + throughout the acquisition lifecycle for any acquisition program + selected by such Secretary; and + (3) the use of a commercial product (as defined in section 103 + of title 41, United States Code, as in effect on January 1, 2020), + commercial service (as defined in section 103a of title 41, United + States Code, as in effect on January 1, 2020), or nondevelopmental + item (as defined in section 110 of title 41, United States Code) as + an alternative to a product or service to be specifically developed + for a selected acquisition program, including evaluation of the + benefits of reduced risk regarding cost, schedule, and performance + associated with commercial products, commercial services, and + nondevelopmental items. (b) Activities.--Activities carried out under the pilot program may include the following: - (1) Establishing a team of Department of Defense and - private sector subject matter experts to identify, to the - maximum extent practicable at each milestone for a selected - acquisition programs, intellectual property evaluation - techniques to obtain quantitative and qualitative analysis - related to the value of intellectual property during the - procurement, production and deployment, and operations and - support phases of the acquisition of the systems under the - program. - (2) Assessment of commercial valuation techniques for - intellectual property for use by the Department of Defense. - (3) Assessment of the feasibility of agency-level oversight - to standardize intellectual property evaluation practices and - procedures. - (4) Assessment of contracting mechanisms to speed delivery - of intellectual property to the Armed Forces or reduce - sustainment costs. - (5) Assessment of agency acquisition planning to ensure - procurement of intellectual property deliverables and - intellectual property rights necessary for Government-planned - sustainment activities. - (6) Engagement with the commercial industry to-- - (A) support the development of strategies and - program requirements to aid in acquisition and - transition planning for intellectual property; - (B) support the development and improvement of - intellectual property strategies as part of life-cycle - sustainment plans; and - (C) propose and implement alternative and - innovative methods of intellectual property valuation, - prioritization, and evaluation techniques for - intellectual property. - (7) Recommending to the cognizant program manager for an - acquisition program evaluation techniques and contracting - mechanisms for implementation into the acquisition and - sustainment activities of that acquisition program. - (c) Acquisition of Commercial and Nondevelopmental Items, Products, -and Services.--The pilot program shall provide criteria to ensure the -appropriate consideration of commercial items and non-developmental -items as alternatives to items to be specifically developed for the -acquisition program, including evaluation of the benefits of reduced -risk regarding cost, schedule, and performance associated with -commercial and non-developmental items, products, and services. - (d) Assessments.--Not later than November 1, 2020, and annually -thereafter through 2023, the Secretary of Defense, in coordination with -the Secretaries concerned, shall submit to the congressional defense -committees a joint report on the pilot program conducted under this -section. The report shall, at a minimum, include-- - (1) a description of the acquisition programs selected by - the Secretary concerned; - (2) a description of the specific activities in paragraph - (b) that were performed under each program; - (3) an assessment of the effectiveness of the activities; - (4) an assessment of improvements to acquisition or - sustainment activities related to the pilot program; and - (5) an assessment of cost-savings from the activities - related to the pilot program, including any improvement to - mission success during the operations and support phase of the + (1) Establishment of a team of Department of Defense and + private sector subject matter experts (which may include the cadre + of intellectual property experts established under section 2322(b) + of title 10, United States Code) to-- + (A) recommend acquisition programs to be selected for the + pilot program established under subsection (a); + (B) recommend criteria for the consideration of types of + commercial products, commercial services, or nondevelopmental + items that can used as an alternative to a product or service + to be specifically developed for a selected acquisition + program; or + (C) identify, to the maximum extent practicable at each + milestone established for each selected acquisition program, + intellectual property evaluation techniques to obtain + quantitative and qualitative analysis of intellectual property + during the procurement, production and deployment, and + operations and support phases for the each selected acquisition program. - -SEC. 802. PILOT PROGRAM TO USE ALPHA CONTRACTING TEAMS FOR COMPLEX - REQUIREMENTS. - + (2) Assessment of commercial valuation techniques for + intellectual property for use by the Department of Defense. + (3) Assessment of the feasibility of agency-level oversight to + standardize intellectual property evaluation practices and + procedures. + (4) Assessment of contracting mechanisms to speed delivery of + intellectual property to the Armed Forces or reduce sustainment + costs. + (5) Assessment of agency acquisition planning to ensure + procurement of appropriate intellectual property deliverables and + intellectual property rights necessary for Government-planned + sustainment activities. + (6) Engagement with the private sector to-- + (A) support the development of strategies and program + requirements to aid in acquisition planning for intellectual + property; + (B) support the development and improvement of intellectual + property strategies as part of life-cycle sustainment plans; + and + (C) propose and implement alternative and innovative + methods of intellectual property valuation, prioritization, and + evaluation techniques for intellectual property. + (7) Recommendations to the relevant program manager of an + acquisition program selected under subsection (a), including + evaluation techniques and contracting mechanisms for acquisition + and sustainment activities. + (c) Report.--Not later than November 1, 2020, and annually +thereafter through November 1, 2023, the Secretary of Defense, in +coordination with the Secretaries concerned, shall submit to the +congressional defense committees a joint report on the pilot program +conducted under this section. The report shall, at a minimum, include-- + (1) a description of the acquisition programs selected by the + Secretary concerned; + (2) a description of the specific activities in subsection (c) + that were performed under each program; + (3) an assessment of the effectiveness of the activities; + (4) an assessment of improvements to acquisition or sustainment + activities related to the pilot program; and + (5) an assessment of the results related to the pilot program, + including any cost savings and improvement to mission success + during the operations and support phase of the selected acquisition + program. + SEC. 802. PILOT PROGRAM TO USE ALPHA CONTRACTING TEAMS FOR COMPLEX + REQUIREMENTS. (a) In General.--(1) The Secretary of Defense shall select at least 2, and up to 5, initiatives to participate in a pilot to use teams that, with the advice of expert third parties, focus on the development @@ -8985,922 +16258,340 @@ congressional defense committees on the progress of the selected initiatives, including the progress of the initiatives at improving quality and acquisition cycle time according to the metrics developed under subsection (a)(2). - -SEC. 803. MODIFICATION OF WRITTEN APPROVAL REQUIREMENT FOR TASK AND - DELIVERY ORDER SINGLE CONTRACT AWARDS. - - Section 2304a(d)(3) of title 10, United States Code, is amended-- - (1) in subparagraph (B), by redesignating clauses (i) and - (ii) as subclauses (I) and (II), respectively; - (2) by redesignating subparagraphs (A), (B), (C), and (D) - as clauses (i), (ii), (iii), and (iv), respectively; - (3) by striking ``No task or delivery order contract'' and - inserting ``(A) Except as provided under subparagraph (B), no - task or delivery order contract''; and - (4) by adding at the end the following new subparagraph: - ``(B) A task or delivery order contract in an amount estimated to -exceed $100,000,000 (including all options) may be awarded to a single -source without the written determination otherwise required under -subparagraph (A) if the head of the agency has made a written -determination pursuant to section 2304(c) of this title that other than -competitive procedures may be used for the awarding of such -contract.''. - -SEC. 804. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES - PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO - AFGHANISTAN. - - Section 801(f) of the National Defense Authorization Act for Fiscal -Year 2010 (Public Law 111-84; 123 Stat. 2399), as most recently amended -by section 1214 of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 131 Stat. 1649), is further amended by -striking ``December 31, 2019'' and inserting ``December 31, 2021''. - -SEC. 805. MODIFICATION OF DIRECTOR OF OPERATIONAL TEST AND EVALUATION - REPORT. - - Section 139(h)(5) of title 10, United States Code, is amended to -read as follows: - ``(5) The Director shall solicit comments from the Secretaries of -the military departments on each report of the Director to Congress -under this section and summarize the comments in the report. The -Director shall determine the amount of time available for the -Secretaries to comment on the draft report on a case by case basis, and -consider the extent to which substantive discussions have already been -held between the Director and the military department. The Director -shall reserve the right to issue the report without comment from a -military department if the department's comments are not received -within the time provided, and shall indicate any such omission in the -report.''. - -SEC. 806. DEPARTMENT OF DEFENSE USE OF FIXED-PRICE CONTRACTS. - + SEC. 803. FAILURE TO PROVIDE OTHER THAN CERTIFIED COST OR PRICING + DATA UPON REQUEST. + Section 2306a(d) of title 10, United States Code, is amended-- + (1) in paragraph (1), by adding at the end the following: + ``Contracting officers shall not determine the price of a contract + or subcontract to be fair and reasonable based solely on historical + prices paid by the Government.''; + (2) by redesignating paragraph (2) as paragraph (3); and + (3) by inserting after paragraph (1) the following new + paragraph: + ``(2) Ineligibility for award.--(A) In the event the + contracting officer is unable to determine proposed prices are fair + and reasonable by any other means, an offeror who fails to make a + good faith effort to comply with a reasonable request to submit + data in accordance with paragraph (1) is ineligible for award + unless the head of the contracting activity, or the designee of the + head of contracting activity, determines that it is in the best + interest of the Government to make the award to that offeror, based + on consideration of pertinent factors, including the following: + ``(i) The effort to obtain the data. + ``(ii) Availability of other sources of supply of the item + or service. + ``(iii) The urgency or criticality of the Government's need + for the item or service. + ``(iv) Reasonableness of the price of the contract, + subcontract, or modification of the contract or subcontract + based on information available to the contracting officer. + ``(v) Rationale or justification made by the offeror for + not providing the requested data. + ``(vi) Risk to the Government if award is not made. + ``(B)(i) Any new determination made by the head of the + contracting activity under subparagraph (A) shall be reported to + the Principal Director, Defense Pricing and Contracting on a + quarterly basis. + ``(ii) The Under Secretary of Defense for Acquisition and + Sustainment, or a designee, shall produce an annual report + identifying offerors that have denied multiple requests for + submission of uncertified cost or pricing data over the preceding + three-year period, but nevertheless received an award. The report + shall identify products or services offered by such offerors that + should undergo should-cost analysis. The Secretary of Defense may + include a notation on such offerors in the system used by the + Federal Government to monitor or record contractor past + performance. The Under Secretary shall assess the extent to which + these offerors are sole source providers within the defense + industrial base and shall develop strategies to incentivize new + entrants into the industrial base to increase the availability of + other sources of supply for the product or service.''. + SEC. 804. COMPTROLLER GENERAL REPORT ON PRICE REASONABLENESS. + Not later than March 31, 2021, the Comptroller General of the +United States shall submit to the congressional defense committees, the +Committee on Oversight and Reform of the House of Representatives, and +the Committee on Homeland Security and Governmental Affairs of the +Senate a report on the efforts of the Secretary of Defense to secure +data relating to the price reasonableness of offers from offerors. The +report shall include a review of-- + (1) the number of, and justification for, any waiver of + requirements for submission of certified cost or pricing data for + sole source contracts for spare parts issued during fiscal years + 2015 through 2019 pursuant to section 2306a(b)(1)(C) of title 10, + United States Code; + (2) the number of, and justification for, any exception to the + requirements for submission of certified cost or pricing data for + sole source contracts for spare parts provided during fiscal years + 2015 through 2019 pursuant to section 2306a(b)(1)(B) of title 10, + United States Code; + (3) the number of contracts awarded for which a request for + cost or pricing data, including data other than certified cost or + pricing data, to determine price reasonableness was denied by an + offeror at the time of award; + (4) actions taken by the Secretary if an offeror refused to + provide requested data described in paragraph (2), including-- + (A) whether the contracting officer included a notation in + the system used by the Federal Government to monitor or record + contractor past performance regarding the refusal of an offeror + to provide such data; + (B) any strategies developed by the Secretary to acquire + the good that was the subject of a contract for which the + offeror refused to provide such data in the future without the + need for such a waiver. + SEC. 805. LIMITATION ON TRANSFER OF FUNDS RELATED TO COST OVERRUNS + AND COST UNDERRUNS. + (a) In General.--Section 828(a) of the National Defense +Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. +2430 note) is amended by striking ``For each of fiscal years 2018 +through 2022'' and inserting ``For fiscal years 2018 and 2019''. + (b) Technical Amendment.--Section 825 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. +1466; 10 U.S.C. 2430 note) is amended-- + (1) by repealing subsection (b); and + (2) by striking ``(a) In General.--''. + SEC. 806. STANDARDIZING DATA COLLECTION AND REPORTING ON USE OF + SOURCE SELECTION PROCEDURES BY FEDERAL AGENCIES. + (a) Repeal of Government Accountability Office Reporting +Requirements on Use of Lowest Price Technically Acceptable Source +Selection Criteria.-- + (1) Department of defense.--Section 813 of the National Defense + Authorization Act for Fiscal Year 2017 (10 U.S.C. 2305 note) is + amended by striking subsection (d). + (2) Other agencies.--Section 880 of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; + 132 Stat. 1910; 41 U.S.C. 3701 note) is amended by striking + subsection (d) and redesignating subsection (e) as subsection (d). + (b) Revision to the Federal Procurement Data System.--Not later +than 180 days after the date of the enactment of this Act, the +Administrator of General Services, in coordination with the +Administrator for Federal Procurement Policy, shall direct appropriate +revisions to the Federal procurement data system established pursuant +to section 1122(a)(4) of title 41, United States Code (or any successor +system), to facilitate the collection of complete, timely, and reliable +data on the source selection processes used by Federal agencies for the +contract actions being reported in the system. The Administrator of +General Services shall ensure that data are collected-- + (1) at a minimum, on the usage of the lowest price technically + acceptable contracting methods and best value contracting methods + process; and + (2) on all applicable contracting actions, including task + orders or delivery orders issued under indefinite delivery- + indefinite quantity contracts. + SEC. 807. DEPARTMENT OF DEFENSE USE OF FIXED-PRICE CONTRACTS. (a) Department of Defense Review.-- - (1) In general.--The Under Secretary of Defense for - Acquisition and Sustainment shall review how the Department of - Defense informs decisions to use fixed-price contracts to - support broader acquisition objectives, to ensure that such - decisions are made strategically and consistently. The review - should include decisions on the use of the various types of - fixed price contracts, including fixed-price incentive - contracts. - (2) Briefing.--Not later than February 1, 2020, the Under - Secretary shall brief the congressional defense committees on - the findings of the review required under paragraph (1). + (1) In general.--The Under Secretary of Defense for Acquisition + and Sustainment shall review how the Department of Defense informs + decisions to use fixed-price contracts to support broader + acquisition objectives to ensure that such decisions are made + strategically and consistently. The review should include decisions + on the use of the various types of fixed price contracts, including + fixed-price incentive contracts. + (2) Briefing.--Not later than February 1, 2020, the Under + Secretary shall brief the congressional defense committees on the + findings of the review required under paragraph (1). (b) Comptroller General Report.-- - (1) In general.--Not later than February 1, 2021, the - Comptroller General of the United States shall submit to the - congressional defense committees a report on the Department of - Defense's use of fixed-price contracts, including different - types of fixed-price contracts. - (2) Elements.--The report required under paragraph (1) - shall include the following elements: - (A) A description of the extent to which fixed- - price contracts have been used over time and the - conditions in which they are used. - (B) An assessment of the effects of the decisions - to use of fixed-price contract types, such as any - additional costs or savings or efficiencies in contract - administration. - (C) An assessment of how decisions to use various - types of fixed-price contracts affects the contract - closeout process. + (1) In general.--Not later than February 1, 2021, the + Comptroller General of the United States shall submit to the + congressional defense committees a report on the Department of + Defense's use of fixed-price contracts, including different types + of fixed-price contracts. + (2) Elements.--The report required under paragraph (1) shall + include the following elements: + (A) A description of the extent to which fixed-price + contracts have been used over time and the conditions in which + they are used. + (B) An assessment of the effects of the decisions to use + fixed-price contract types, such as any additional costs or + savings or efficiencies in contract administration. + (C) An assessment of how decisions to use various types of + fixed-price contracts affects the contract closeout process. (c) Delayed Implementation of Regulations Requiring the Use of -Fixed-price Contracts for Foreign Military Sales.--The regulations +Fixed-Price Contracts for Foreign Military Sales.--The regulations prescribed pursuant to section 830(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2762 note) shall not take effect until December 31, 2020. The regulations as so prescribed shall take into account the findings of the review conducted under subsection (a)(1). - -SEC. 807. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING - PROCESSES. - - Section 890 of the John S. McCain National Defense Authorization -Act for Fiscal Year 2019 (Public Law 115-232) is amended-- - (1) by striking subsection (b); - (2) by redesignating subsections (c) and (d) as subsections - (b) and (c), respectively; - (3) in subsection (b), as redesignated by paragraph (2), by - striking ``and an assessment of whether the program should be - continued or expanded''; and - (4) in subsection (c), as so redesignated, by striking - ``January 2, 2021'' and inserting ``January 2, 2023''. - -SEC. 808. PILOT PROGRAM TO STREAMLINE DECISION-MAKING PROCESSES FOR - WEAPON SYSTEMS. - - (a) Candidate Acquisition Programs.-- - (1) In general.--Not later than February 1, 2020, each - Service Acquisition Executive shall recommend to the Secretary - of Defense at least one major defense acquisition program for a - pilot program to include tailored measures to streamline the - entire milestone decision process, with the results evaluated - and reported for potential wider use. - (2) Elements.--Each pilot program selected pursuant to - paragraph (1) shall include the following elements: - (A) Delineating the appropriate information needed - to support milestone decisions, assuring program - accountability and oversight, which should be based on - the business case principles needed for well-informed - milestone decisions, including user-defined - requirements, reasonable acquisition and life-cycle - cost estimates, and a knowledge-based acquisition plan - for maturing technologies, stabilizing the program - design, and ensuring key manufacturing processes are in - control. - (B) Developing an efficient process for providing - this information to the milestone decision authority - by-- - (i) minimizing any reviews between the - program office and the different functional - staff offices within each chain of command - level; and - (ii) establishing frequent, regular - interaction between the program office and - milestone decision makers, in lieu of - documentation reviews, to help expedite the - process. - (b) Briefing.--Not later than May 1, 2020, the Under Secretary of -Defense for Acquisition and Sustainment shall provide to the -congressional defense committees an informal briefing detailing-- - (1) the acquisition programs selected pursuant to - subsection (a); - (2) the associated action plans, including timelines, for - each program; and - (3) the manner in which each program conforms to the - requirements set forth in subsection (a)(2). - -SEC. 809. 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 + SEC. 808. REPEAL OF CONTINUATION OF DATA RIGHTS DURING CHALLENGES. + (a) Repeal.--Section 866 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +1901; 10 U.S.C. 2321) is repealed. + (b) Restoration of Amended Provision.--Subsection (i) of section +2321 of title 10, United States Code, is amended to read as follows: + ``(i) Rights and Liability Upon Final Disposition.--(1) If, upon +final disposition, the contracting officer's challenge to the use or +release restriction is sustained-- + ``(A) the restriction shall be cancelled; and + ``(B) if the asserted restriction is found not to be + substantially justified, the contractor or subcontractor asserting + the restriction shall be liable to the United States for payment of + the cost to the United States of reviewing the asserted restriction + and the fees and other expenses (as defined in section + 2412(d)(2)(A) of title 28) incurred by the United States in + challenging the asserted restriction, unless special circumstances + would make such payment unjust. + ``(2) If, upon final disposition, the contracting officer's +challenge to the use or release restriction is not sustained-- + ``(A) the United States shall continue to be bound by the + restriction; and + ``(B) the United States shall be liable for payment to the + party asserting the restriction for fees and other expenses (as + defined in section 2412(d)(2)(A) of title 28) incurred by the party + asserting the restriction in defending the asserted restriction if + the challenge by the United States is found not to be made in good + faith.''. + SEC. 809. REPEAL OF AUTHORITY TO WAIVE ACQUISITION LAWS TO ACQUIRE + VITAL NATIONAL SECURITY CAPABILITIES. + Section 806 of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is repealed. + SEC. 810. REPEAL OF THE DEFENSE COST ACCOUNTING STANDARDS BOARD. + (a) Repeal.--Section 190 of title 10, United States Code, is +repealed. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 7 of such title is amended by striking the item relating to +section 190. + +Subtitle B--Amendments to General Contracting Authorities, Procedures, + and Limitations + + SEC. 815. MODIFICATION OF DIRECTOR OF OPERATIONAL TEST AND + EVALUATION REPORT. + Section 139(h) of title 10, United States Code, is amended-- + (1) in paragraph (2), by striking ``, through January 31, + 2021'' and inserting ``, through January 31, 2025''; and + (2) by amending paragraph (5) to read as follows: + ``(5) The Director shall solicit comments from the Secretaries of +the military departments on each report of the Director to Congress +under this section and include any comments as an appendix to the +Director's report. The Director shall determine the amount of time +available for the Secretaries to comment on the draft report on a case +by case basis, and consider the extent to which substantive discussions +have already been held between the Director and the military +department. The Director shall reserve the right to issue the report +without comment from a military department if the department's comments +are not received within the time provided, and shall indicate any such +omission in the report.''. + SEC. 816. MODIFICATION OF WRITTEN APPROVAL REQUIREMENT FOR TASK AND + DELIVERY ORDER SINGLE CONTRACT AWARDS. + Section 2304a(d)(3) of title 10, United States Code, is amended-- + (1) in subparagraph (B), by redesignating clauses (i) and (ii) + as subclauses (I) and (II), respectively; + (2) by redesignating subparagraphs (A), (B), (C), and (D) as + clauses (i), (ii), (iii), and (iv), respectively; + (3) by striking ``No task or delivery order contract'' and + inserting ``(A) Except as provided under subparagraph (B), no task + or delivery order contract''; and + (4) by adding at the end the following new subparagraph: + ``(B) A task or delivery order contract in an amount estimated to +exceed $100,000,000 (including all options) may be awarded to a single +source without the written determination otherwise required under +subparagraph (A) if the head of the agency has made a written +determination pursuant to section 2304(c) of this title that procedures +other than competitive procedures may be used for the awarding of such +contract.''. + SEC. 817. RESPONSIBILITY FOR DATA ANALYSIS AND REQUIREMENTS + VALIDATION FOR SERVICES CONTRACTS. + (a) In General.--Section 2329 of title 10, United States Code, is +amended-- + (1) in subsection (a), by inserting ``, acting through the + Under Secretary of Defense (Comptroller) and Director of Cost + Assessment and Program Evaluation,'' after ``Secretary of + Defense''; + (2) in subsection (b), in the matter preceding paragraph (1), + by inserting ``, acting through the Under Secretary of Defense + (Comptroller) and Director of Cost Assessment and Program + Evaluation,'' after ``Secretary of Defense''; and + (3) in subsection (c)(2)(A), by inserting ``, acting through + the Under Secretary of Defense (Comptroller) and Director of Cost + Assessment and Program Evaluation,'' after ``Secretary of + Defense''. + (b) Conforming Amendment.--Section 818(b) of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +115-232; 132 Stat. 1852) is amended by striking ``the Under Secretary +of Defense for Acquisition and Sustainment'' and inserting ``the Under +Secretary of Defense (Comptroller) and Director of Cost Assessment and +Program Evaluation''. + SEC. 818. DOCUMENTATION OF MARKET RESEARCH RELATED TO COMMERCIAL + ITEM DETERMINATIONS. + (a) Department of Defense Procurements.-- + (1) In general.--Section 2377(c) of title 10, United States + Code, is amended-- + (A) by redesignating paragraph (4) as paragraph (5); and + (B) 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)''. - -SEC. 810. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO - SOURCING REQUIREMENTS FOR CERTAIN ARTICLES. - - Subsection (h) of section 2533a of title 10, United States Code, is -amended to read as follows: - ``(h) Exception for Small Purchases.--Subsection (a) does not apply -to purchases for amounts not greater than $150,000. A proposed purchase -or contract for an amount greater than $150,000 may not be divided into -several purchases or contracts for lesser amounts in order to qualify -for this exception. On October 1 of each year evenly divisible by 5, -the Secretary of Defense may adjust the dollar threshold in this -subsection based on changes in the Consumer Price Index. The Secretary -shall publish notice of any such adjustment in the Federal Register, -and the new price threshold shall take effect on the date of -publication.''. - - Subtitle B--Provisions Relating to Major Defense Acquisition Programs - -SEC. 821. NAVAL VESSEL CERTIFICATION REQUIRED BEFORE MILESTONE B - APPROVAL. - - Section 2366b(a) of title 10, United States Code, is amended-- - (1) in paragraph (3)(O), by striking ``; and'' and - inserting a semicolon; - (2) in paragraph (4), by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following new paragraph: - ``(5) in the case of a naval vessel program, certifies - compliance with the requirements of section 8669b of this - title.''. - - Subtitle C--Industrial Base Matters - -SEC. 831. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE INTEGRITY OF - INDUSTRIAL BASE. - - (a) Digitization and Modernization.--The Secretary of Defense shall -streamline and digitize the existing Department of Defense approach for -identifying and mitigating risks to the defense industrial base across -the acquisition process, creating a continuous model that uses digital -tools, technologies, and approaches designed to ensure the -accessibility of data to key decision-makers in the Department. - (b) Analytical Framework.-- - (1) In general.--The Under Secretary of Defense for - Acquisition and Sustainment, in coordination with the Defense - Security Service (or successor entity) and other organizations - as appropriate, shall develop an analytical framework for risk - mitigation across the acquisition process. - (2) Elements.--The analytical framework required under - paragraph (1) shall include the following elements: - (A) Characterization and monitoring of supply chain - risks, including-- - (i) material sources and fragility; - (ii) counterfeit parts; - (iii) cybersecurity of contractors; - (iv) vendor vetting in contingency or - operational environments; and - (v) other risk areas as determined - appropriate. - (B) Characterization and monitoring of risks posed - by contractor behavior that constitute violations of - laws or regulations, including those relating to-- - (i) fraud; - (ii) ownership structures; - (iii) trafficking in persons; - (iv) workers' health and safety; - (v) affiliation with the enemy; and - (vi) other risk areas as deemed - appropriate. - (C) Characterization of the Department's - acquisition processes and procedures, including-- - (i) market research; - (ii) responsibility determinations, - including consideration of the need for special - standards of responsibility to address the - risks described in subparagraphs (A) and (B); - (iii) facilities clearances; - (iv) contract requirements definition and - technical evaluation; - (v) contract awards and contractor - mobilization; - (vi) contractor mobilization to include - hiring, training, and establishing facilities; - (vii) contract administration, contract - management, and oversight; - (viii) contract audit for closeout; - (ix) contractor business system reviews; - and - (x) other relevant processes and - procedures. - (D) Characterization and monitoring of the health - and activities of the defense industrial base, - including those relating to-- - (i) balance sheets, revenues, - profitability, and debt; - (ii) investment, innovation, and - technological and manufacturing sophistication; - (iii) finances, access to capital markets, - and cost of raising capital within those - markets; - (iv) corporate governance, leadership, and - culture of performance; and - (v) history of performance on past - Department of Defense and government contracts. - (c) Roles and Responsibilities.--The Secretary of Defense shall -designate the roles and responsibilities of organizations and -individuals to execute activities under this section, including-- - (1) the Under Secretary of Defense for Acquisition and - Sustainment, including the Office of Defense Pricing and - Contracting and the Office of Industrial Policy; - (2) Service Acquisition Executives; - (3) program offices and procuring contracting officers; - (4) administrative contracting officers within the Defense - Contract Management Agency and the Supervisor of Shipbuilding; - (5) the Defense Security Service and the Defense - Counterintelligence Security Agency; - (6) the Defense Contract Audit Agency; - (7) departments, agencies, or activities which own or - operate systems containing data relevant to Department of - Defense contractors; - (8) the Under Secretary for Research and Engineering; and - (9) other relevant organizations and individuals. - (d) Enabling Data, Tools, and Systems.-- - (1) Assessment of existing data sources, systems, and - tools.-- - (A) In general.--The Under Secretary of Defense for - Acquisition and Sustainment, in consultation with the - Chief Data Officer of the Department of Defense, and - the Defense Security Service (or successor entity), - shall assess the extent to which existing systems of - record relevant to risk assessments and contracting are - producing, exposing, and timely maintaining valid and - reliable data for the purposes of the Department's - continuous assessment and mitigation of risks in the - defense industrial base. - (B) Elements.--The assessment required under - subparagraph (A) shall include the following elements: - (i) Identification of the necessary source - data, to include data from contractors, - intelligence and security activities, program - offices, and commercial research entities. - (ii) A description of the modern data - infrastructure, tools, and applications and - what changes would improve the effectiveness - and efficiency of mitigating the risks - described in subsection (b)(2). - (iii) An assessment of the following - systems owned or operated outside of the - Department of Defense: - (I) The Federal Awardee Performance - and Integrity Information System - (FAPIIS). - (II) The System for Award - Management (SAM). - (III) The Federal Procurement Data - System-Next Generation (FPDS-NG). - (iv) An assessment of systems owned or - operated by the Department of Defense, - including the Defense Security Service (or - successor entity) and other defense agencies - and field activities used to capture and - analyze the performance of vendors and - contractors. - (2) Modernization of data collection, exposure, and - analysis methods.--Based on the findings pursuant to paragraph - (1), the Secretary of Defense shall develop a unified set of - activities to modernize the systems of record, data sources and - collection methods, and data exposure mechanisms. The unified - set of activities should feature-- - (A) the ability to continuously collect data on, - assess, and mitigate risks; - (B) data analytics and business intelligence tools - and methods; and - (C) continuous development and continuous delivery - of secure software to implement the activities. - (e) Reports.-- - (1) Initial report.--Not later than November 15, 2019, the - Secretary of Defense shall submit to the congressional defense - committees a report on actions taken pursuant to this section, - including recommendations for any further authorities or - legislation. - (2) Second report.--Not later than April 15, 2020, the - Secretary of Defense shall submit to the congressional defense - committees a report on actions taken pursuant to this section, - including recommendations for any further legislation. - (f) Comptroller General Reviews.-- - (1) Briefing.--Not later than February 15, 2020, the - Comptroller General of the United States shall brief the - congressional defense committees on Department of Defense - efforts over the previous 5 years to continuously assess and - mitigate risks to the defense industrial base across the - acquisition process, and a summary of current and planned - efforts. - (2) Annual assessments.--Not later than June 15, 2020, and - annually thereafter, the Comptroller General of the United - States shall submit to the congressional defense committees an - assessment of Department of Defense progress in implementing - the framework required under subsection (b). - -SEC. 832. ASSESSMENT OF PRECISION-GUIDED MISSILES FOR RELIANCE ON - FOREIGN-MADE MICROELECTRONIC COMPONENTS. - - (a) In General.--Not later than August 31, 2020, the Secretary of -the Air Force shall brief the congressional defense committees on the -findings of an assessment of the Air Force's precision-guided missiles -for reliance on foreign-made microelectronic components. - (b) Elements.--The assessment required under subsection (a) shall-- - (1) consider certain risks such as-- - (A) where microelectronic components for all of the - Air Force's precision-guided missiles currently in - production were made; - (B) the contract tier level of the microelectronic - components supplier; and - (C) which of the microelectronic components are - cyber security concerns; and - (2) identify mitigation strategies. - -SEC. 833. MITIGATING RISKS RELATED TO FOREIGN OWNERSHIP, CONTROL, OR - INFLUENCE OF DEPARTMENT OF DEFENSE CONTRACTORS OR - SUBCONTRACTORS. - - (a) Definitions.--In this section: - (1) Beneficial owner; beneficial ownership.--The terms - ``beneficial owner'' and ``beneficial ownership'' shall be - determined in the manner set forth in section 240.13d-3 of - title 17, Code of Federal Regulations. - (2) Company.--The term ``company'' means any corporation, - company, limited liability company, limited partnership, - business trust, business association, or other similar entity. - (3) Covered contractor or subcontractor.--The term - ``covered contractor or subcontractor'' means a company that is - an existing or prospective contractor or subcontractor of the - Department of Defense on a contract or subcontract with a value - in excess of $5,000,000, except as provided in subsection (c). - (4) Foreign ownership, control, or influence; foci.--The - terms ``foreign ownership, control, or influence'' and ``FOCI'' - have the meanings given those terms under the policy, factors, - and procedures of the National Industrial Security Program - Operating Manual, DOD 5220.22-M, or a successor document. - (b) Improved Assessment and Mitigation of Risks Related to Foreign -Ownership, Control, or Influence.-- - (1) In general.--In developing and implementing the - analytical framework for mitigating risk relating to ownership - structures, as required by section 831(b)(2)(B)(ii), the - Secretary of Defense shall improve the process and procedures - for the assessment and mitigation of risks related to foreign - ownership, control, or influence (FOCI) of contractors and - subcontractors doing business with the Department of Defense. - (2) Elements.--The process and procedures for the - assessment and mitigation of risk relating to ownership - structures referred to in paragraph (1) shall include the - following elements: - (A) Assessment of foci.--(i) A requirement for - covered contractors and subcontractors to disclose to - the Defense Security Service, or its successor - organization, their beneficial ownership and whether - they are under FOCI. - (ii) A requirement to update such disclosures when - significant changes occur to information previously - provided, consistent with or similar to the procedures - for updating FOCI information under the National - Industrial Security Program. - (iii) A requirement for covered contractors and - subcontractors determined to be under FOCI to disclose - contact information for each of its foreign owners that - is a beneficial owner. - (iv) A requirement that, at a minimum, the - disclosures required by this paragraph be provided at - the time the contract or subcontract is awarded, - amended, or renewed, but in no case later than one year - after the Secretary prescribes regulations to carry out - this subsection. - (B) Responsibility determination.--Consistent with - section 831(b)(2)(C)(ii), consideration of FOCI risks - as part of responsibility determinations, including-- - (i) whether to establish a special standard - of responsibility relating to FOCI risks for - covered contractors or subcontractors, and the - extent to which the policies and procedures - consistent with or similar to those relating to - FOCI under the National Industrial Security - Program shall be applied to covered contractors - or subcontractors; - (ii) procedures for contracting officers - making responsibility determinations regarding - whether covered contractors and subcontractors - may be under foreign ownership, control, or - influence and for determining whether there is - reason to believe that such foreign ownership, - control, or influence would pose a risk to - national security or potential risk of - compromise because of sensitive data, systems, - or processes, such as personally identifiable - information, cybersecurity, or national - security systems involved with the contract or - subcontract; and - (iii) modification of policies, directives, - and practices to provide that an assessment - that a covered contractor or subcontractor is - under FOCI may be a sufficient basis for a - contracting officer to determine that a - contractor or subcontractor is not responsible. - (C) Contract requirements, administration, and - oversight relating to foci.-- - (i) Requirements for contract clauses - providing for and enforcing disclosures related - to changes in FOCI during performance of the - contract, consistent with subparagraph (A), and - necessitating the effective mitigation of risks - related to FOCI throughout the duration of the - contract or subcontract. - (ii) Pursuant to section 831(c), - designation of the appropriate Department of - Defense official responsible to approve and to - take actions relating to award, modification, - termination of a contract, or direction to - modify or terminate a subcontract due to an - assessment by the Defense Security Service, or - its successor organization, that a covered - contractor or subcontractor under FOCI poses a - risk to national security or potential risk of - compromise. - (iii) A requirement for the provision of - additional information regarding beneficial - ownership and control of any covered contractor - or subcontractor on the contract or - subcontract. - (iv) Other measures as necessary to be - consistent with other relevant practices, - policies, regulations, and actions, including - those under the National Industrial Security - Program. - (c) Applicability to Contracts and Subcontracts for Commercial -Products and Services and Other Forms of Acquisition Agreements.-- - (1) Commercial products and services.--The disclosure - requirements under subsection (b) shall not apply to a contract - or subcontract for commercial products or services, unless a - designated senior official specifically requires the - disclosures described in such subparagraphs with respect to the - contract or subcontract based on a determination by the - designated senior official that the contract or subcontract - involves a risk to national security or potential risk of - compromise because of sensitive data, systems, or processes, - such as personally identifiable information, cybersecurity, or - national security systems. - (2) Research and development and procurement activities.-- - The Secretary of Defense shall ensure that the requirements of - this section are applied to research and development and - procurement activities, including for the delivery of services, - established through any means including those under section - 2358(b) of title 10, United States Code. - (d) Availability of Resources.--The Secretary shall ensure that -sufficient resources, including subject matter expertise, are allocated -to execute the functions necessary to carry out this section, including -the assessment, mitigation, contract administration, and oversight -functions. - (e) Reporting Requirements and Limited Availability of Beneficial -Ownership Data.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense shall - establish a process to update systems of record to improve the - assessment and mitigation of risks associated with FOCI through - the inclusion and updating of all appropriate associated - uniquely identifying information about the contracts and - contractors and subcontracts and subcontractors in the Federal - Awardee Performance and Integrity Information System (FAPIIS), - administered by the General Services Administration, and the - Commercial and Government Entity (CAGE) database, administered - by the Defense Logistics Agency. - (2) Limited availability of information.--The Secretary of - Defense shall ensure that the information required to be - disclosed pursuant to this subsection is-- - (A) not made public; - (B) made available via the FAPIIS and CAGE - databases; and - (C) made available to appropriate government - departments or agencies. - -SEC. 834. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE ENEMY. - - (a) Extension.--Section 841(n) of the National Defense -Authorization Act for Fiscal Year 2015 (10 U.S.C. 2302 note) is amended -by striking ``December 31, 2021'' and inserting ``December 31, 2023''. - (b) Expansion of Program.--Section 841(a) of such Act is amended-- - (1) in the heading, by striking ``Identification of Persons - and Entities'' and inserting ``Program''; - (2) in the matter preceding paragraph (1), by striking - ``establish in'' and all that follows and inserting ``establish - a program to mitigate threats posed by vendors supporting - operations outside the United States. The program shall use - available intelligence to identify persons and entities that-- - ''; - (3) in paragraph (1), by striking ``; or'' and inserting a - semicolon; - (4) in paragraph (2), by striking the period and inserting - a semicolon; and - (5) by adding at the end the following new paragraphs: - ``(3) directly or indirectly support a covered person or - entity or otherwise pose a force protection risk to personnel - of the United States or coalition forces; or - ``(4) pose an unacceptable national security risk.''. - (c) Inclusion of All Contracts.--Sections 841 and 842 of such Act -are further amended by striking ``covered contract'' each place it -appears and inserting ``contract''. - (d) Inclusion of All Combatant Commands.--Sections 841 and 842 of -such Act are further amended by striking ``covered combatant command'' -each place it appears and inserting ``combatant command''. - (e) Covered Person or Entity.--Section 843(6) of such Act is -amended to read as follows: - ``(6) Covered person or entity.--The term `covered person - or entity' means a person that is-- - ``(A) engaging in acts of violence against - personnel of the United States or coalition forces; - ``(B) providing financing, logistics, training, or - intelligence to a person described in subparagraph (A); - ``(C) engaging in foreign intelligence activities - against the United States or against coalition forces; - ``(D) engaging in transnational organized crime or - criminal activities; or - ``(E) engaging in other activities that present a - direct or indirect risk to the national security of the - United States or coalition forces.''. - (f) Delegation Authority of Combatant Commander.-- - (1) Use of designees.--Sections 841 and 842 of such Act are - further amended by striking ``specified deputies'' each place - it appears and inserting ``designee''. - (2) Removal of limitations on delegation.--Section 841 of - such Act is further amended by striking subsection (g). - (g) Authorities To Terminate, Void, and Restrict.--Section 841(c) -of such Act is further amended-- - (1) in paragraph (1)-- - (A) by inserting ``to a person or entity'' after - ``concerned''; and - (B) by striking ``the contract'' and all that - follows through the period at the end and inserting - ``the person or entity has been identified under the - program established under subsection (a).''; - (2) in paragraph (2), by striking ``has failed'' and all - that follows and inserting ``has been identified under the - program established under subsection (a).''; and - (3) in paragraph (3), by striking ``the contract'' and all - that follows through the period at the end and inserting ``the - contractor, or the recipient of the grant or cooperative - agreement, has been identified under the program established - under subsection (a).''. - (h) Contract Clause.--Section 841(d)(2)(B) of such Act is amended -by inserting ``and restrict future award to any contractor, or -recipient of a grant or cooperative agreement, that has been identified -under the program established under subsection (a)'' after ``subsection -(c)''. - (i) Participation of Secretary of State.--Section 841 of such Act -is further amended-- - (1) in subsection (a) in the matter preceding paragraph - (1), by striking ``in consultation with''; and - (2) in subsection (f)(1), by striking ``in consultation - with''. - (j) Sharing of Information on Supporters of the Enemy.--Section -841(h)(1) of such Act is further amended by striking ``may be -providing'' and all that follows through ``or entity'' and inserting -``have been identified under the program established under subsection -(a)''. - (k) Inapplicability to Certain Contracts, Grants, and Cooperative -Agreements.--Section 841(j) of such Act is amended by striking -``contracts, grants, and cooperative agreements'' and all that follows -through the period at the end and inserting ``a contract, grant, or -cooperative agreement that is performed entirely inside the United -States unless the recipient of such contract, grant, or cooperative -agreement is a foreign entity.''. - (l) Construction With Other Authorities.--Section 841 of such Act -is further amended-- - (1) in subsection (l), by striking ``Except as provided in - subsection (m), the'' and inserting ``The''; and - (2) by striking subsection (m). - (m) Additional Access to Records.--Section 842 of such Act is -further amended-- - (1) in subsection (a)-- - (A) in paragraph (1), by striking ``, except as - provided under subsection (c)(1),''; - (B) in paragraph (2), by striking ``ensure that - funds'' and all that follows through the period at the - end and inserting ``support the program established - under section 841(a).''; - (C) in paragraph (3), by striking ``that funds'' - and all that follows through the period at the end and - inserting ``that the examination of such records will - support the program established under section - 841(a).''; and - (D) by striking paragraph (4); and - (2) by striking subsection (c). - (n) Reports.--Subtitle E of title VIII of such Act (10 U.S.C. 2302 -note) is further amended-- - (1) in section 841(i)(1), in the matter preceding - subparagraph (A), by striking ``2016, 2017, and 2018'' and - inserting ``2016 through 2023''; and - (2) in section 842(b)(1), by striking ``2016, 2017, and - 2018'' and inserting ``2016 through 2023''. - (o) Technical and Conforming Amendments.-- - (1) Section heading.--The heading of section 841 of such - Act is amended by striking ``providing funds to'' and inserting - ``supporting''. - (2) Redesignations.--Section 841 of such Act is further - amended by redesignating subsections (h) through (l) and (n) - (as amended by subsections (a) through (n) of this section) as - subsections (g) through (l), respectively. - (3) Definitions.--Section 843 of such Act is amended by - striking paragraphs (2) through (5) and redesignating - paragraphs (6) through (9) as paragraphs (2) through (5), - respectively. - - Subtitle D--Small Business Matters - -SEC. 841. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF DEFENSE - MENTOR-PROTEGE PROGRAM. - - (a) Permanent Authorization.--Section 831 of the National Defense -Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. -2302 note) is amended by striking subsection (j). - (b) Office of Small Business Programs Oversight.--Section 831 of -the National Defense Authorization Act for Fiscal Year 1991 (Public Law -101-510; 10 U.S.C. 2302 note) is amended-- - (1) by redesignating subsection (n) as subsection (o); and - (2) by inserting after subsection (m) the following new - subsection: - ``(n) Establishment of Performance Goals and Periodic Reviews.--The -Office of Small Business Programs of the Department of Defense shall-- - ``(1) establish performance goals consistent with the - stated purpose of the Mentor-Protege Program and outcome-based - metrics to measure progress in meeting those goals; and - ``(2) submit to the congressional defense committees, not - later than February 1, 2020, a report on progress made toward - implementing these performance goals and metrics, based on - periodic reviews of the procedures used to approve mentor- - protege agreements.''. - (c) Modification of Disadvantaged Small Business Concern -Definition.--Subsection (o)(2) of the National Defense Authorization -Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as -redesignated by subsection (b)(1) of this section, is amended by -striking ``has less than half the size standard corresponding to its -primary North American Industry Classification System code'' and -inserting ``is not more than the size standard corresponding to its -primary North American Industry Classification System code''. - (d) Removal of Pilot Program References.--Section 831 of the -National Defense Authorization Act for Fiscal Year 1991 (Public Law -101-510; 10 U.S.C. 2302 note) is amended-- - (1) in the subsection heading for subsection (a), by - striking ``Pilot''; and - (2) by striking ``pilot'' each place it appears. - (e) Independent Report on Program Effectiveness.-- - (1) In general.--The Secretary of Defense shall direct the - Defense Business Board to submit to the congressional defense - committees a report evaluating the effectiveness of the Mentor- - Protege Program established under section 831 of the National - Defense Authorization Act for Fiscal Year 1991 (Public Law 101- - 510; 10 U.S.C. 2302 note), including recommendations for - improving the program in terms of performance metrics, forms of - assistance, and overall program effectiveness not later than - March 31, 2022. - (2) Congressional defense committees defined.--In this - subsection, the term ``congressional defense committees'' has - the meaning given that term in section 101(a)(16) of title 10, - United States Code. - -SEC. 842. MODIFICATION OF JUSTIFICATION AND APPROVAL REQUIREMENT FOR - CERTAIN DEPARTMENT OF DEFENSE CONTRACTS. - - (a) Modification of Justification and Approval Requirement.-- -Notwithstanding section 811 of the National Defense Authorization Act -for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2405)-- - (1) no justification and approval is required under such - section for a sole-source contract awarded by the Department of - Defense in a covered procurement for an amount not exceeding - $100,000,000; and - (2) for purposes of subsections (a)(2) and (c)(3)(A) of - such section, the appropriate official designated to approve - the justification for a sole-source contract awarded by the - Department of Defense in a covered procurement exceeding - $100,000,000 is the official designated in section - 2304(f)(1)(B)(ii) of title 10, United States Code. - (b) Guidance.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of Defense shall issue guidance to -implement the authority under subsection (a). - (c) Comptroller General Review.-- - (1) Data tracking and collection.--The Department of - Defense shall track the use of the authority provided pursuant - to subsection (a) and make the data available to the - Comptroller General for purposes of the report required under - paragraph (2). - (2) Report.--Not later than February 1, 2022, the - Comptroller General of the United States shall submit a report - to the congressional defense committees on the use of the - authority provided pursuant to subsection (a) through the end - of fiscal year 2021. - - Subtitle E--Provisions Related to Software-Driven Capabilities - -SEC. 851. IMPROVED MANAGEMENT OF INFORMATION TECHNOLOGY AND CYBERSPACE - INVESTMENTS. - - (a) Improved Management.-- - (1) In general.--The Chief Information Officer of the - Department of Defense shall work with the Chief Data Officer of - the Department of Defense to optimize the Department's process - for accounting for, managing, and reporting its information - technology and cyberspace investments. The optimization should - include alternative methods of presenting budget justification - materials to the public and congressional staff to more - accurately communicate when, how, and with what frequency - capability is delivered to end users, in accordance with best - practices for managing and reporting on information technology - investments. - (2) Briefing.--Not later than February 3, 2020, the Chief - Information Officer of the Department of Defense shall brief - the congressional defense committees on the process - optimization undertaken pursuant to paragraph (1), including - any recommendations for legislation. - (b) Delivery of Information Technology Budget.--The Secretary of -Defense shall submit to the congressional defense committees the -Department of Defense budget request for information technology not -later than 15 days after the submittal to Congress of the budget of the -President for a fiscal year pursuant to section 1105 of title 31, -United States Code. - -SEC. 852. SPECIAL PATHWAYS FOR RAPID ACQUISITION OF SOFTWARE - APPLICATIONS AND UPGRADES. - - (a) Guidance Required.--Not later than 180 days after the date of -the enactment of this Act, the Secretary of Defense shall establish -guidance authorizing the use of special pathways for the rapid -acquisition of software applications and upgrades that are intended to -be fielded within one year. - (b) Software Acquisition Pathways.-- - (1) Use of proven technologies and solutions.--The guidance - required by subsection (a) shall provide for the use of proven - technologies and solutions to continuously engineer and deliver - capabilities in software. - (2) Objectives.--The objectives of using the acquisition - authority under this section shall be to begin the engineering - of new capabilities quickly, to demonstrate viability and - effectiveness of those capabilities in operation, and to - continue updating and delivering new capabilities iteratively - afterwards. - (3) Treatment not as acquisition program.--An acquisition - using the authority under this section shall not be treated as - an acquisition program for the purpose of section 2430 of title - 10, United States Code, or Department of Defense Directive - 5000.01 without the specific direction of the Under Secretary - of Defense for Acquisition and Sustainment or a Senior - Acquisition Executive. - (4) Pathways.--The guidance shall provide for the following - two rapid acquisition pathways: - (A) Applications.--The applications software - acquisition pathway shall provide for the use of rapid - development and implementation of applications and - other software and software improvements running on - commercial commodity hardware (including modified - hardware) operated by the Department of Defense. - (B) Embedded systems.--The embedded systems - software acquisition pathway shall provide for the - rapid development and insertion of upgrades and - improvements for software embedded in weapon systems - and other military-unique hardware systems. - (c) Expedited Process.-- - (1) In general.--The guidance required by subsection (a) - shall provide for a streamlined and coordinated requirements, - budget, and acquisition process that results in the rapid - fielding of software applications and software upgrades to - embedded systems in a period of not more than one year from the - time that the process is initiated. It shall also require the - collection of data on the version fielded and continuous - engagement with the users of that software, so as to enable - engineering and delivery of additional versions in periods of - not more than one year each. - (2) Expedited software requirements process.-- - (A) Inapplicability of existing guidance.--Software - acquisitions conducted under the authority of this - provision shall not be subject to the Joint - Capabilities Integration and Development System (JCIDS) - Manual and Department of Defense Directive 5000.01, - except to the extent specifically provided in the - guidance required under subsection (a) or by the Under - Secretary of Defense for Acquisition and Sustainment or - a Senior Acquisition Executive. - (B) Requirements.--The guidance required by - subsection (a) shall provide the following with respect - to requirements: - (i) Requirements for covered acquisitions - are developed on an iterative basis through - engagement with the user community, and the use - of user feedback in order to regularly define - and set priorities for software requirements - and evaluate the software capabilities - acquired. - (ii) The requirements process begins with - the identification of the warfighter or user - need, including the rationale for how these - software capabilities will support increased - lethality and efficiency, and the - identification of a relevant user community. - (iii) Initial contract requirements are - stated in the form of a summary-level list of - problems and shortcomings in existing software - systems and desired features or capabilities of - new or upgraded software systems. - (iv) Contract requirements are continuously - refined and set in priority order in an - evolutionary process through discussions with - users that may continue throughout the - development and implementation period. - (v) Issues related to lifecycle costs and - systems interoperability are continuously - considered. - (vi) Issues of logistics support in cases - where the software developer may stop - supporting the software system are addressed. - (vii) Rapid contracting procedures, to - include timeframes for award, contract types, - teaming, and options. - (viii) Execution processes, including - supporting development and test infrastructure, - automation and tools, data collection and - sharing, the role of developmental and - operational testing activities, and key - decisionmaking and oversight events, and - supporting processes and activities such as - independent costing activity, operational - demonstration, and performance metrics. - (ix) Administrative procedures, including - procedures related to the roles and - responsibilities of the implementing project or - product teams and supporting activities, team - selection and staffing process, oversight roles - and responsibilities, and appropriate - independent technology assessments, testing, - and cost estimation, including relevant - thresholds or designation criteria. - (x) Mechanisms and waivers designed to - ensure flexibility in the implementation of the - authority, including the use of other - transaction authority, broad agency - announcements, and other procedures. - - Subtitle F--Other Matters - -SEC. 861. NOTIFICATION OF NAVY PROCUREMENT PRODUCTION DISRUPTIONS. - + ``(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.''. + (2) 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)''. + (b) Civilian Agency Procurements.--Section 3307(d) of title 41, +United States Code, is amended by adding at the end the following new +paragraph: + ``(4) Documentation.--The head of the agency shall document the + results of market research in a manner appropriate to the size and + complexity of the acquisition.''. + SEC. 819. AVAILABILITY OF DATA ON THE USE OF OTHER TRANSACTION + AUTHORITY AND REPORT ON THE USE OF AUTHORITY TO CARRY OUT + PROTOTYPE PROJECTS. + Section 873 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1905; 10 U.S.C. +2371 note) is amended-- + (1) in subsection (b)-- + (A) by striking the period at the end and inserting ``; + and''; + (B) by striking ``shall analyze'' and inserting the + following: ``shall-- + ``(1) analyze''; and + (C) by adding at the end the following new paragraph: + ``(2) make the data collected under subsection (a) accessible + to any official designated by the Secretary of Defense for + inclusion by such official in relevant reports made by such + official.''; and + (2) by amending subsection (c) to read as follows: + ``(c) Report Required.-- + ``(1) In general.--Not later than December 31, 2019, and + annually thereafter through December 31, 2023, the Secretary of + Defense shall submit to the congressional defense committees a + report on the use of other transaction authority to carry out + prototype projects during the preceding fiscal year. Each report + shall summarize the data collected under subsection (a) on the + nature and extent of each such use of the authority, including a + description-- + ``(A) of the participants to an agreement entered into + pursuant to the authority of subsection (a) of section 2371b of + title 10, United States Code, or a follow-on contract or + transaction entered into pursuant to the authority of + subsection (f) of such section; + ``(B) of the quantity of prototype projects to be produced + pursuant to such an agreement, follow-on contract, or + transaction; + ``(C) of the amount of payments made pursuant to each such + agreement, follow-on contract, or transaction; + ``(D) of the purpose, description, and status of prototype + projects carried out pursuant to each such agreement, follow-on + contract, or transaction; and + ``(E) including case examples, of the successes and + challenges with using the authority of such subsection (a) or + (f). + ``(2) Form of report.--A report required under this subsection + shall be submitted in unclassified form without any designation + relating to dissemination control, but may contain a classified + annex.''. + SEC. 820. NOTIFICATION OF NAVY PROCUREMENT PRODUCTION DISRUPTIONS. (a) In General.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2339b. Notification of Navy procurement production disruptions ``(a) Requirement for Contractor To Provide Notice of Delays.--The Secretary of the Navy shall require prime contractors of any Navy -procurement program to report within 15 calendar days any stop work -order or other manufacturing disruption of 15 calendar days or more, by -the prime contractor or any sub-contractor, to the respective program -manager and Navy technical authority. +procurement program funded under either the Shipbuilding and +Conversion, Navy account or the Other Procurement, Navy account to +report within 15 calendar days any stop work order or other +manufacturing disruption of 15 calendar days or more, by the prime +contractor or any subcontractor, to the respective program manager and +Navy technical authority. ``(b) Quarterly Reports.--The Secretary of the Navy shall submit to the congressional defense committees not later than 15 calendar days after the end of each quarter of a fiscal year a report listing all @@ -9911,504 +16602,3686 @@ chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2339a the following new item: ``2339b. Notification of Navy procurement production disruptions.''. - -SEC. 862. MODIFICATION TO ACQUISITION AUTHORITY OF THE COMMANDER OF THE - UNITED STATES CYBER COMMAND. - + SEC. 821. MODIFICATION TO ACQUISITION AUTHORITY OF THE COMMANDER OF + THE UNITED STATES CYBER COMMAND. Section 807 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is amended by inserting ``on new contract efforts'' after ``may not obligate or expend more than $75,000,000''. + SEC. 822. EXTENSION OF NEVER CONTRACT WITH THE ENEMY. + Section 841(n) of the National Defense Authorization Act for Fiscal +Year 2015 (Public Law 113-291; 10 U.S.C. 2302 note) is amended by +striking ``December 31, 2021'' and inserting ``December 31, 2023''. + SEC. 823. MODIFICATION OF JUSTIFICATION AND APPROVAL REQUIREMENT + FOR CERTAIN DEPARTMENT OF DEFENSE CONTRACTS. + (a) Modification of Justification and Approval Requirement.-- +Notwithstanding section 811 of the National Defense Authorization Act +for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2405)-- + (1) no justification and approval is required under such + section for a sole-source contract awarded by the Department of + Defense in a covered procurement for an amount not exceeding + $100,000,000; and + (2) for purposes of subsections (a)(2) and (c)(3)(A) of such + section, the appropriate official designated to approve the + justification for a sole-source contract awarded by the Department + of Defense in a covered procurement exceeding $100,000,000 is the + official designated in section 2304(f)(1)(B)(ii) of title 10, + United States Code. + (b) Guidance.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall issue guidance to +implement the authority under subsection (a). + (c) Comptroller General Review.-- + (1) Data tracking and collection.--The Department of Defense + shall track the use of the authority as modified by subsection (a) + and make the data available to the Comptroller General for purposes + of the report required under paragraph (2). + (2) Report.--Not later than March 1, 2022, the Comptroller + General of the United States shall submit a report to the + congressional defense committees on the use of the authority as + modified by subsection (a) through the end of fiscal year 2021. The + report shall include-- + (A) a review of the financial effect of the change to the + justification and approval requirement in subsection (a) on the + native corporations and businesses and associated native + communities; + (B) a description of the nature and extent of contracts + excluded from the justification and approval requirement by + subsection (a); and + (C) other matters the Comptroller General deems + appropriate. + SEC. 824. EXTENSION OF SUNSET RELATING TO FEDERAL DATA CENTER + CONSOLIDATION INITIATIVE. + Subsection (e) of section 834 of the National Defense Authorization +Act for Fiscal Year 2015 (44 U.S.C. 3601 note) is amended by striking +``2020'' and inserting ``2022''. + SEC. 825. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING + PROCESSES. + Section 890 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1919; 10 U.S.C. +2306a note) is amended-- + (1) by striking subsection (b); + (2) by redesignating subsections (c) and (d) as subsections (b) + and (c), respectively; + (3) in subsection (b), as redesignated by paragraph (2), by + striking ``and an assessment of whether the program should be + continued or expanded''; and + (4) in subsection (c), as so redesignated, by striking + ``January 2, 2021'' and inserting ``January 2, 2023''. + SEC. 826. UNIFORMITY IN APPLICATION OF MICRO-PURCHASE THRESHOLD TO + CERTAIN TASK OR DELIVERY ORDERS. + Section 4106(c) of title 41, United States Code, is amended by +striking ``$2,500'' and inserting ``the micro-purchase threshold under +section 1902 of this title''. + SEC. 827. REQUIREMENT FOR COST ESTIMATES ON MODELS OF COMMERCIAL E- + COMMERCE PORTAL PROGRAM. + (a) In General.--In implementing section 846 of the National +Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 41 +U.S.C. 1901 note), the Administrator of General Services shall submit +to the appropriate congressional committees, not later than one year +after the first contract is awarded pursuant to such section, a cost +estimate for the three models for commercial e-commerce portals +identified in section 4.1 of ``Procurement Through Commercial E- +Commerce Portals Phase II Report: Market Research & Consultation'' +issued by the Administrator in April 2019. + (b) Appropriate Congressional Committees Defined.--The term +``appropriate congressional committees'' means the following: + (1) The Committees on Armed Services of the Senate and House of + Representatives. + (2) The Committee on Homeland Security and Governmental Affairs + of the Senate and the Committee on Oversight and Reform of the + House of Representatives. + (3) The Committee on Small Business and Entrepreneurship of the + Senate and the Committee on Small Business of the House of + Representatives. + + Subtitle C--Provisions Relating to Major Defense Acquisition Programs + + SEC. 830. MODIFICATION OF REQUIREMENTS FOR REPORTING TO CONGRESS ON + CERTAIN ACQUISITION PROGRAMS. + (a) Modification of Report to Congress.--Section 2432 of title 10, +United States Code, is amended-- + (1) in subsection (b)(1), by adding after ``major defense + acquisition programs'' the following: ``and any program that is + estimated by the Secretary of Defense to require an eventual total + expenditure for research, development, test, and evaluation of more + than $300,000,000 (based on fiscal year 1990 constant dollars) or + an eventual total expenditure for procurement, including all + planned increments or spirals, of more than $1,800,000,000 (based + on fiscal year 1990 constant dollars)''; and + (2) by adding at the end the following new subsections: + ``(i) Form of Report.--A Selected Acquisition Report required under +this section shall be submitted in unclassified form without any +designation relating to dissemination control, but may contain a +classified annex. + ``(j) Termination.--The requirements under this section shall +terminate after the final submission covering fiscal year 2021.''. + (b) Proposal for Reports on Acquisition Programs and Activities.-- +Not later than October 15, 2020, the Secretary of Defense shall submit +to the congressional defense committees a proposal for an alternative +methodology for reporting on all acquisition programs that includes-- + (1) conforming changes from the most recent update of + Department of Defense Directive 5000.01 (The Defense Acquisition + System) and Department of Defense Instruction 5000.02 (Operation of + the Defense Acquisition System); + (2) the reporting requirements relating to Selected Acquisition + Reports under section 2432 of title 10, United States Code; + (3) the reporting requirements relating to unit costs under + section 2433 of such title; and + (4) the reporting requirements for acquisition programs that + use alternative acquisition pathways or tailored acquisition + procedures. + SEC. 831. PILOT PROGRAM TO STREAMLINE DECISION-MAKING PROCESSES FOR + WEAPON SYSTEMS. + (a) Candidate Acquisition Programs.--Not later than February 1, +2020, each Service Acquisition Executive shall recommend to the +Secretary of Defense at least one major defense acquisition program for +a pilot program to include tailored measures to streamline the entire +milestone decision process, with the results evaluated and reported for +potential wider use. + (b) Elements.--Each pilot program selected pursuant to subsection +(a) shall include the following elements: + (1) Delineating the appropriate information needed to support + milestone decisions, assuring program accountability and oversight, + which should be based on the business case principles needed for + well-informed milestone decisions, including user-defined + requirements, reasonable acquisition and life-cycle cost estimates, + and a knowledge-based acquisition plan for maturing technologies, + stabilizing the program design, and ensuring key manufacturing + processes are in control. + (2) Developing an efficient process for providing this + information to the milestone decision authority by-- + (A) minimizing any reviews between the program office and + the different functional staff offices within each chain of + command level; and + (B) establishing frequent, regular interaction between the + program office and milestone decision makers, in lieu of + documentation reviews, to help expedite the process. + SEC. 832. ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL DEVELOPMENT + DECISIONS. + (a) Timeline.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall update existing +guidance for analyses of alternatives conducted pursuant to a materiel +development decision for a major defense acquisition program to +incorporate the following: + (1) Study completion within nine months. + (2) Study guidance issued by the Director, Cost Assessment and + Program Evaluation of a scope designed to provide for reasonable + completion of the study within the nine-month period. + (3) Procedures for waiver of the timeline requirements of this + subsection on a case-by-case basis if-- + (A) the subject of the analysis is of extreme technical + complexity; + (B) collection of additional intelligence is required to + inform the analysis; + (C) insufficient technical expertise is available to + complete the analysis; or + (D) the Secretary determines that there other sufficient + reasons for delay of the analysis. + (b) Reporting.--If an analysis of alternatives cannot be completed +within the allotted time, or a waiver is used, the Secretary shall +report to the congressional defense committees the following +information: + (1) For a waiver, the basis for use of the waivers, including + the reasons why the study cannot be completed within the allotted + time. + (2) For a study estimated to take more than nine months-- + (A) an estimate of when the analysis will be completed; + (B) an estimate of any additional costs to complete the + analysis; and + (C) other relevant information pertaining to the analysis + and its completion. + (c) Report on Analyses of Alternatives.-- + (1) Assessment.-- + (A) In general.--The Under Secretary of Defense for + Acquisition and Sustainment shall engage with an independent + entity, including under the Program for Acquisition Innovation + Research, to assess the conduct of analyses of alternatives. + (B) Elements.--The assessment required under subparagraph + (A) shall-- + (i) assess the time required to complete analyses of + alternatives within the Department of Defense completed + over the last five fiscal years, as compared with best + practices; + (ii) provide recommendations and policy options to + improve analyses of alternatives; and + (iii) discuss any other matters as identified by the + Under Secretary. + (C) Access to data.--The Under Secretary shall ensure that + the independent entity is provided access to the data, + information, and resources necessary to complete the required + analyses and assessment. + (2) Report.--Not later than one year after the date of the + enactment of this Act, the Under Secretary shall submit to the + congressional defense committees a report including the assessment + required under paragraph (1) and a review and assessment by the + Under Secretary of the findings made in the assessment. + SEC. 833. NAVAL VESSEL CERTIFICATION REQUIRED BEFORE MILESTONE B + APPROVAL. + Section 2366b(a) of title 10, United States Code, is amended-- + (1) in paragraph (3)(O), by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (4), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new paragraph: + ``(5) in the case of a naval vessel program, certifies + compliance with the requirements of section 8669b of this title.''. + + Subtitle D--Provisions Relating to the Acquisition System + + SEC. 835. EXTRAMURAL ACQUISITION INNOVATION AND RESEARCH + ACTIVITIES. + (a) Extramural Acquisition Innovation and Research Activities.-- + (1) In general.--Chapter 139 of title 10, United States Code, + is amended by inserting after section 2361 the following new + section: +``Sec. 2361a. Extramural acquisition innovation and research activities + ``(a) Establishment.--The Secretary of Defense, acting through the +Under Secretary of Defense for Acquisition and Sustainment and in +coordination with the Under Secretary of Defense for Research and +Engineering, shall establish and maintain extramural acquisition +innovation and research activities as described in subsection (d), +which shall include an acquisition research organization within a +civilian college or university that is not owned or operated by the +Federal Government that is established to provide and maintain +essential research and development capabilities through a long-term +strategic relationship with the Department of Defense. + ``(b) Goals.--The goal of any activity conducted pursuant to this +section shall be to provide academic analyses and policy alternatives +for innovation in defense acquisition policies and practices to +policymakers in the Federal Government by using a variety of means +intended to widely disseminate research findings from such an activity, +in addition to executing demonstration and pilot programs of innovative +acquisition policies and practices. + ``(c) Director.-- + ``(1) Appointment.--Not later than June 1, 2020, the Secretary + of Defense shall appoint an individual from civilian life to serve + as the director for the extramural acquisition innovation and + research activities required by this section (referred to in this + section as the `Director'). + ``(2) Term.--The Director shall serve a term of five years. + ``(d) Activities.--The activities described in this subsection are +as follows: + ``(1) Research on past and current defense acquisition policies + and practices, commercial and international best practices, and the + application of new technologies and analytical capabilities to + improve acquisition policies and practices. + ``(2) Pilot programs to prototype and demonstrate new + acquisition practices for potential transition to wider use in the + Department of Defense. + ``(3) Establishment of data repositories and development of + analytical capabilities, in coordination with the Chief Data + Officer of the Department of Defense, to enable researchers and + acquisition professionals to access and analyze historical data + sets to support research and new policy and practice development. + ``(4) Executive education to-- + ``(A) support acquisition workforce development, including + for early career, mid-career, and senior leaders; and + ``(B) provide appropriate education on acquisition issues + to non-acquisition professionals. + ``(5) On an ongoing basis, a review of the implementation of + recommendations contained in relevant Department of Defense and + private sector studies on acquisition policies and practices, + including-- + ``(A) for recommendations for the enactment of legislation, + identify the extent to which the recommendations have been + enacted into law by Congress; + ``(B) for recommendations for the issuance of regulations, + identify the extent to which the recommendations have been + adopted through the issuance or revision of regulations; + ``(C) for recommendations for revisions to policies and + procedures in the executive branch, identify the extent to + which the recommendations have been adopted through issuance of + an appropriate implementing directive or other form of + guidance; and + ``(D) for recommendations for the resources required to + implement recommendations contained in relevant Department of + Defense and private sector studies on acquisition policies and + practices. + ``(6) Engagement with researchers and acquisition professionals + in the Department of Defense, as appropriate. + ``(e) Funding.--Subject to the availability of appropriations, the +Secretary may use amounts available in the Defense Acquisition +Workforce and Development Account to carry out the requirements of this +section. + ``(f) Annual Report.--Not later than September 30, 2021, and +annually thereafter, the Director shall submit to the Secretary of +Defense and the congressional defense committees a report describing +the activities conducted under this section during the previous +year.''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter is amended by inserting after the item relating to + section 2361 the following new item: + +``2361a. Extramural acquisition innovation and research activities.''. + + (3) Implementation.-- + (A) Deadline.--Not later than March 1, 2020, the Secretary + of Defense shall establish the extramural acquisition + innovation and research activities required by section 2361a of + title 10, United States Code (as added by this subsection). + (B) Report.-- + (i) In general.--Not later than January 1, 2021, the + Director of the extramural acquisition innovation and + research activities appointed under such section shall + submit to the Secretary of Defense a report setting forth a + plan, proposed budget, and schedule for execution of such + activities. + (ii) Transmittal.--Not later than February 1, 2021, the + Secretary of Defense shall transmit the report required + under clause (i), together with whatever comments the + Secretary considers appropriate, to the Committees on Armed + Services of the Senate and the House of Representatives. + (b) Records of the Section 809 Panel.-- + (1) Transfer and maintenance of records.--Not later than March + 1, 2020, the records of the Section 809 Panel shall be transferred + to, and shall be maintained by, the Defense Technical Information + Center. + (2) Status of records.--Working papers, records of interview, + and any other draft work products generated for any purpose by the + Section 809 Panel shall be covered by the deliberative process + privilege exemption under paragraph (5) of section 552(b) of title + 5, United States Code. + (3) Availability.--To the maximum extent practicable, the + Secretary shall make the records available to support activities + conducted by the research organization described under section + 2361a of title 10, United States Code (as added by subsection (a)). + (4) Section 809 panel defined.--In this subsection, the term + ``Section 809 Panel'' means the panel established by the Secretary + of Defense pursuant to section 809 of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92). + SEC. 836. REPORT ON REALIGNMENT OF THE DEFENSE ACQUISITION SYSTEM + TO IMPLEMENT ACQUISITION REFORMS. + The Secretary of Defense shall include with the budget for fiscal +year 2021, as submitted to Congress pursuant to section 1105(a) of +title 31, United States Code, a report on the progress of implementing +acquisition reform initiatives that have been enacted into law through +Department of Defense regulations, Directives, Instructions, or other +guidance. Such report shall include a description of-- + (1) how the Secretary will identify, quantify, assess, and + manage acquisition program risks; + (2) what changes have been made to systems for collecting and + sharing data on acquisition programs, including how access to + acquisition program data is managed; and + (3) updates to, or the implementation of, procedures for + tailoring acquisition methods, including alternative acquisition + pathways such as-- + (A) the use of the ``middle tier'' of acquisition programs + described under section 804 of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 + U.S.C. 2302 note); + (B) the alternative acquisition pathways established under + section 805 of the National Defense Authorization Act for + Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note); + (C) a software acquisition pathway described under section + 800 of this Act; and + (D) the use of procedures to respond to urgent operational + needs. + SEC. 837. REPORT AND LIMITATION ON THE AVAILABILITY OF FUNDS + RELATING TO THE ``MIDDLE TIER'' OF ACQUISITION PROGRAMS. + (a) Report.--Not later than December 15, 2019, the Under Secretary +of Defense for Acquisition and Sustainment shall submit to the +congressional defense committees a report that includes the guidance +required under section 804(a) of the National Defense Authorization Act +for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note). The +Under Secretary of Defense for Acquisition and Sustainment shall ensure +such guidance includes the business case elements required by an +acquisition program established pursuant to such guidance and the +metrics required to assess the performance of such a program. + (b) Limitation.-- + (1) In general.--Beginning on December 15, 2019, if the Under + Secretary of Defense for Acquisition and Sustainment has not + submitted the report required under subsection (a), not more than + 75 percent of the funds specified in paragraph (2) may be obligated + or expended until the date on which the report required under + subsection (a) has been submitted. + (2) Funds specified.--The funds specified in this paragraph are + the funds authorized to be appropriated by this Act or otherwise + made available for fiscal year 2020 for the Department of Defense + that remain unobligated as of December 15, 2019, for the following: + (A) The execution of any acquisition program established + pursuant to the guidance required under such section 804(a). + (B) The operations of the Office of the Under Secretary of + Defense for Research & Engineering. + (C) The operations of the Office of the Under Secretary of + Defense for Acquisition & Sustainment. + (D) The operations of the Office of the Director of Cost + Analysis and Program Evaluation. + (E) The operations of the offices of the service + acquisition executives of the military departments. + SEC. 838. REPORT ON INTELLECTUAL PROPERTY POLICY AND THE CADRE OF + INTELLECTUAL PROPERTY EXPERTS. + (a) In General.--Section 802 of the National Defense Authorization +Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1450) is amended +by adding at the end the following new subsection: + ``(c) Report.--Not later than December 15, 2019, the Secretary of +Defense, acting through the Under Secretary of Defense for Acquisition +and Sustainment, shall submit to the congressional defense committees a +report that includes-- + ``(1) the policy required in subsection (a) of section 2322 of + title 10, United States Code; + ``(2) an identification of each member of the cadre of + intellectual property experts required in subsection (b) of such + section and the office to which such member belongs; + ``(3) a description of the leadership structure and the office + that will manage the cadre of intellectual property experts; and + ``(4) a description of the specific activities performed, and + programs and efforts supported, by the cadre of intellectual + property experts during the 12-month period preceding the date of + the report.''. + (b) Limitation.-- + (1) In general.--Of the funds authorized to be appropriated by + this Act or otherwise made available for fiscal year 2020 for the + Department of Defense, not more than 75 percent may be obligated or + expended for any of the offices described in paragraph (2) until + the date on which the Secretary of Defense submits the report + required under subsection (c) of section 802 of the National + Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; + 131 Stat. 1450), as added by this section. + (2) Offices described.--The offices described in this paragraph + are as follows: + (A) The Office of the Under Secretary of Defense for + Acquisition and Sustainment. + (B) The Office of the Assistant Secretary of the Army for + Acquisition, Logistics, and Technology. + (C) The Office of the Assistant Secretary of the Navy for + Research, Development, and Acquisition. + (D) The Office of the Assistant Secretary of the Air Force + for Acquisition, Technology, and Logistics. + SEC. 839. GUIDANCE AND REPORTS RELATING TO COVERED DEFENSE BUSINESS + SYSTEMS. + (a) Amendments to Guidance for Covered Defense Business Systems.-- +Section 2222(d) of title 10, United States Code, is amended-- + (1) in the matter preceding paragraph (1), by striking + ``subsection (c)(1)'' and inserting ``subsection (c)''; and + (2) by adding at the end the following new paragraphs: + ``(7) Policy to ensure a covered defense business system is in + compliance with the Department's auditability requirements. + ``(8) Policy to ensure approvals required for the development + of a covered defense business system.''. + (b) Reports.-- + (1) Guidance.--The Secretary of Defense shall submit to the + congressional defense committees a report-- + (A) not later than December 31, 2019, that includes the + guidance required under paragraph (1) of section 2222(c) of + title 10, United States Code; and + (B) not later than March 31, 2020, that includes the + guidance required under paragraph (2) of such section. + (2) Information technology and defense business enterprise + architecture.--Not later than February 1, 2020, the Chief + Information Officer of the Department of Defense shall submit to + the congressional defense committees a notification that the + information technology enterprise architecture required under + subparagraph (B) of section 2222(e)(4) of title 10, United States + Code-- + (A) has been established, including a schedule for + implementing the plan required under such subparagraph (B) and + a schedule for integrating the defense business enterprise + architecture into the information technology enterprise + architecture (as required under subparagraph (A) of such + section); or + (B) has not been established, and include a schedule for-- + (i) establishing such architecture; + (ii) implementing the plan required under such + subparagraph (B); and + (iii) integrating the defense business enterprise + architecture into the information technology enterprise + architecture (as required under subparagraph (A) of such + section). + SEC. 840. IMPLEMENTATION GUIDANCE FOR USE OF A MODULAR OPEN SYSTEM + APPROACH. + (a) Guidance for Program Capabilities Development and Acquisition +Weapon System Design.--Section 2446b of title 10, United States Code, +is amended by adding at the end the following new subsection: + ``(f) Implementation Guidance.--The Secretaries of the military +departments shall issue guidance to implement the requirements of this +section.''. + (b) Guidance for Major System Interfaces.--Section 2446c of title +10, United States Code, is amended-- + (1) in paragraph (4), by striking ``and'' at the end; + (2) in paragraph (5), by striking the period at the end and + adding ``; and''; and + (3) by adding at the end the following new paragraph: + ``(6) issue guidance to implement the requirements of this + section.''. + SEC. 841. LIMITATION ON AVAILABILITY OF FUNDS FOR THE OFFICE OF THE + CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE. + Of the funds authorized to be appropriated or otherwise made +available for fiscal year 2020 for the Department of Defense, not more +than 75 percent may be obligated or expended for the Office of the +Chief Management Officer until the date on which the Chief Management +Officer submits to the congressional defense committees-- + (1) the certification of cost savings described in subparagraph + (A) of section 921(b)(5) of the National Defense Authorization Act + for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2222 note); or + (2) the notice and justification described in subparagraph (B) + of such section. + + Subtitle E--Industrial Base Matters + + SEC. 845. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE + INTEGRITY OF INDUSTRIAL BASE. + (a) In General.--Subchapter II of chapter 148 of title 10, United +States Code, is amended by adding at the end the following new section: +``Sec. 2509. Modernization of acquisition processes to ensure integrity + of industrial base + ``(a) Digitization and Modernization.--The Secretary of Defense +shall streamline and digitize the existing Department of Defense +approach for identifying and mitigating risks to the defense industrial +base across the acquisition process, creating a continuous model that +uses digital tools, technologies, and approaches designed to ensure the +accessibility of data to key decision-makers in the Department. + ``(b) Analytical Framework.--(1) The Under Secretary of Defense for +Acquisition and Sustainment, in coordination with the Director of the +Defense Counterintelligence and Security Agency and the heads of other +elements of the Department of Defense as appropriate, shall develop an +analytical framework for risk mitigation across the acquisition +process. + ``(2) The analytical framework required under paragraph (1) shall +include the following elements: + ``(A) Characterization and monitoring of supply chain risks, + including-- + ``(i) material sources and fragility, including the extent + to which sources, items, materials, and articles are mined, + produced, or manufactured within or outside the United States; + ``(ii) telecommunications services or equipment (other than + optical transmission components); + ``(iii) counterfeit parts; + ``(iv) cybersecurity of contractors; + ``(v) video surveillance services or equipment; + ``(vi) vendor vetting in contingency or operational + environments; + ``(vii) other electronic or information technology products + and services; and + ``(viii) other risk areas as determined appropriate. + ``(B) Characterization and monitoring of risks posed by + contractor behavior that constitute violations of laws or + regulations, including those relating to-- + ``(i) fraud; + ``(ii) ownership structures; + ``(iii) trafficking in persons; + ``(iv) workers' health and safety; + ``(v) affiliation with the enemy; + ``(vi) foreign influence; and + ``(vii) other risk areas as deemed appropriate. + ``(C) Characterization and assessment of the acquisition + processes and procedures of the Department of Defense, including-- + ``(i) market research; + ``(ii) responsibility determinations, including + consideration of the need for special standards of + responsibility to address the risks described in subparagraphs + (A) and (B); + ``(iii) facilities clearances; + ``(iv) the development of contract requirements; + ``(v) the technical evaluation of offers and contract + awards; + ``(vi) contractor mobilization, including hiring, training, + and establishing facilities; + ``(vii) contract administration, contract management, and + oversight; + ``(viii) contract audit for closeout; + ``(ix) suspension and debarment activities and + administrative appeals activities; + ``(x) contractor business system reviews; and + ``(xi) other relevant processes and procedures. + ``(D) Characterization and monitoring of the health and + activities of the defense industrial base, including those relating + to-- + ``(i) balance sheets, revenues, profitability, and debt; + ``(ii) investment, innovation, and technological and + manufacturing sophistication; + ``(iii) finances, access to capital markets, and cost of + raising capital within those markets; + ``(iv) corporate governance, leadership, and culture of + performance; and + ``(v) history of performance on past Department of Defense + and government contracts. + ``(c) Roles and Responsibilities.--The Secretary of Defense shall +designate the roles and responsibilities of organizations and +individuals to execute activities under this section, including-- + ``(1) the Under Secretary of Defense for Acquisition and + Sustainment, including the Office of Defense Pricing and + Contracting and the Office of Industrial Policy; + ``(2) service acquisition executives; + ``(3) program offices and procuring contracting officers; + ``(4) administrative contracting officers within the Defense + Contract Management Agency and the Supervisor of Shipbuilding; + ``(5) the Defense Counterintelligence and Security Agency; + ``(6) the Defense Contract Audit Agency; + ``(7) each element of the Department of Defense which own or + operate systems containing data relevant to contractors of the + Department; + ``(8) the Under Secretary of Defense for Research and + Engineering; + ``(9) the suspension and debarment official of the Department; + ``(10) the Chief Information Officer; and + ``(11) other relevant organizations and individuals. + ``(d) Enabling Data, Tools, and Systems.--(1)(A) The Under +Secretary of Defense for Acquisition and Sustainment, in consultation +with the Chief Data Officer of the Department of Defense and the +Director of the Defense Counterintelligence and Security Agency, shall +assess the extent to which existing systems of record relevant to risk +assessments and contracting are producing, exposing, and timely +maintaining valid and reliable data for the purposes of the +Department's continuous assessment and mitigation of risks in the +defense industrial base. + ``(B) The assessment required under subparagraph (A) shall include +the following elements: + ``(i) Identification of the necessary source data, to include + data from contractors, intelligence and security activities, + program offices, and commercial research entities. + ``(ii) A description of the modern data infrastructure, tools, + and applications and what changes would improve the effectiveness + and efficiency of mitigating the risks described in subsection + (b)(2). + ``(iii) An assessment of the following systems owned or + operated outside of the Department of Defense that the Department + depends upon or to which it provides data: + ``(I) The Federal Awardee Performance and Integrity + Information System (FAPIIS). + ``(II) The System for Award Management (SAM). + ``(III) The Federal Procurement Data System-Next Generation + (FPDS-NG). + ``(IV) The Electronic Data Management Information System. + ``(V) Other systems the Secretary of Defense determines + appropriate. + ``(iv) An assessment of systems owned or operated by the + Department of Defense, including the Defense Counterintelligence + and Security Agency and other defense agencies and field activities + used to capture and analyze the status and performance (including + past performance) of vendors and contractors. + ``(2) Based on the findings pursuant to paragraph (1), the +Secretary of Defense shall develop a unified set of activities to +modernize the systems of record, data sources and collection methods, +and data exposure mechanisms. The unified set of activities should +feature-- + ``(A) the ability to continuously collect data on, assess, and + mitigate risks; + ``(B) data analytics and business intelligence tools and + methods; and + ``(C) continuous development and continuous delivery of secure + software to implement the activities. + ``(e) Rule of Construction.--Nothing in this section shall be +construed to limit or modify any other procurement policy, procedure, +requirement, or restriction provided by law. + ``(f) Implementation and Reporting Requirements.--The Secretary of +Defense shall carry out the implementation phases set forth in, and +submit to the congressional defense committees the items of information +required by, the following paragraphs: + ``(1) Phase 1: implementation plan.--Not later than 90 days + after the date of the enactment of this section, an implementation + plan and schedule for carrying out the framework established + pursuant to subsection (b), including-- + ``(A) a discussion and recommendations for any changes to, + or exemptions from, laws necessary for effective + implementation, including updating the definitions in section + 2339a(e) of this title relating to covered procurement, covered + system, and covered item of supply, and any similar terms + defined in other law or regulation; and + ``(B) a process for an entity to contact the Department + after the entity has taken steps to remediate, mitigate, or + otherwise address the risks identified by the Department in + conducting activities under subsection (b). + ``(2) Phase 2: implementation of framework.--Not later than one + year after the date of the submission of the implementation plan + and schedule required under paragraph (1), a report on the actions + taken to implement the framework established pursuant to subsection + (b). + ``(g) Comptroller General Reviews.-- + ``(1) Briefing.--Not later than February 15, 2020, the + Comptroller General of the United States shall brief the + congressional defense committees on Department of Defense efforts + over the previous 5 years to continuously assess and mitigate risks + to the defense industrial base across the acquisition process, and + a summary of current and planned efforts. + ``(2) Periodic assessments.--The Comptroller General shall + submit to the congressional defense committees three periodic + assessments of Department of Defense progress in implementing the + framework required under subsection (b), to be provided not later + than October 15, 2020, March 15, 2022, and March 15, 2024.''. + (b) Clerical Amendment.--The table of sections at the beginning of +subchapter II of chapter 148 of such title is amended by inserting +after the item relating to section 2508 the following new item: + +``2509. Modernization of acquisition processes to ensure integrity of + industrial base.''. + SEC. 846. REPORT REQUIREMENTS FOR THE NATIONAL TECHNOLOGY AND + INDUSTRIAL BASE. + (a) National Security Strategy for National Technology and +Industrial Base.--Section 2501(a) of title 10, United States Code, is +amended by inserting after the first sentence the following new +sentence: ``The Secretary shall submit such strategy to Congress not +later than 180 days after the date of submission of the national +security strategy report required under section 108 of the National +Security Act of 1947 (50 U.S.C. 3043).''. + (b) Annual Report to Congress.--Section 2504(3) of title 10, United +States Code, is amended-- + (1) in the matter preceding subparagraph (A), by inserting + ``Executive order or'' after ``pursuant to''; + (2) by amending subparagraph (A) to read as follows: + ``(A) a map of the industrial base;''; + (3) by redesignating subparagraph (B) as subparagraph (C); and + (4) by inserting after subparagraph (A) the following new + subparagraph: + ``(B) a prioritized list of gaps or vulnerabilities in the + national technology and industrial base, including-- + ``(i) a description of mitigation strategies necessary + to address such gaps or vulnerabilities; + ``(ii) the identification of the Secretary concerned or + the head of the Defense Agency responsible for addressing + such gaps or vulnerabilities; and + ``(iii) a proposed timeline for action to address such + gaps or vulnerabilities; and''. + (c) Annual Report on Unfunded Priorities for National Technical +Industrial Base.-- + (1) In general.--Subchapter II of chapter 148 of title 10, + United States Code, is amended by inserting after section 2504 the + following new section: +``Sec. 2504a. Unfunded priorities of the national technology and + industrial base: annual report + ``(a) Annual Report.--Not later than 10 days after the date on +which the budget of the President for a fiscal year is submitted to +Congress pursuant to section 1105 of title 31, the Under Secretary of +Defense for Acquisition and Sustainment shall submit to the Secretary +of Defense, the Chairman of the Joint Chiefs of Staff, and the +congressional defense committees a report on the unfunded priorities to +address gaps or vulnerabilities in the national technology and +industrial base. + ``(b) Elements.-- + ``(1) In general.--Each report under subsection (a) shall + specify, for each unfunded priority covered by such report, the + following: + ``(A) A summary description of such priority, including the + objectives to be achieved if such priority is funded (whether + in whole or in part). + ``(B) The additional amount of funds recommended in + connection with the objectives under subparagraph (A). + ``(C) Account information with respect to such priority, + including the following (as applicable): + ``(i) Line Item Number (LIN) for applicable procurement + accounts. + ``(ii) Program Element (PE) number for applicable + research, development, test, and evaluation accounts. + ``(iii) Sub-activity group (SAG) for applicable + operation and maintenance accounts. + ``(2) Prioritization of priorities.--Each report shall present + the unfunded priorities covered by such report in order of urgency + of priority. + ``(c) Unfunded Priority Defined.--In this section, the term +`unfunded priority', in the case of a fiscal year, means a program, +activity, or mission requirement of the national technology and +industrial base that-- + ``(1) is not funded in the budget of the President for the + fiscal year as submitted to Congress pursuant to section 1105 of + title 31; + ``(2) is necessary to address gaps or vulnerabilities in the + national technology and industrial base; and + ``(3) would have been recommended for funding through the + budget referred to in paragraph (1) if-- + ``(A) additional resources had been available for the + budget to fund the program, activity, or mission requirement; + or + ``(B) the program, activity, or mission requirement had + emerged before the budget was formulated.''. + (2) Clerical amendment.--The table of sections for such + subchapter is amended by adding at the end the following new item: + +``2504a. Unfunded priorities of the national technology and industrial + base: annual report.''. + SEC. 847. MITIGATING RISKS RELATED TO FOREIGN OWNERSHIP, CONTROL, + OR INFLUENCE OF DEPARTMENT OF DEFENSE CONTRACTORS OR + SUBCONTRACTORS. + (a) Definitions.--In this section: + (1) Beneficial owner; beneficial ownership.--The terms + ``beneficial owner'' and ``beneficial ownership'' shall be + determined in a manner that is not less stringent than the manner + set forth in section 240.13d-3 of title 17, Code of Federal + Regulations (as in effect on the date of the enactment of this + Act). + (2) Company.--The term ``company'' means any corporation, + company, limited liability company, limited partnership, business + trust, business association, or other similar entity. + (3) Covered contractor or subcontractor.--The term ``covered + contractor or subcontractor'' means a company that is an existing + or prospective contractor or subcontractor of the Department of + Defense on a contract or subcontract with a value in excess of + $5,000,000, except as provided in subsection (c). + (4) Foreign ownership, control, or influence; foci.--The terms + ``foreign ownership, control, or influence'' and ``FOCI'' have the + meanings given those terms in the National Industrial Security + Program Operating Manual (DOD 5220.22-M), or a successor document. + (b) Improved Assessment and Mitigation of Risks Related to Foreign +Ownership, Control, or Influence.-- + (1) In general.--In developing and implementing the analytical + framework for mitigating risk relating to ownership structures, as + required by section 2509 of title 10, United States Code, as added + by section 845 of this Act, the Secretary of Defense shall improve + the process and procedures for the assessment and mitigation of + risks related to foreign ownership, control, or influence (FOCI) of + contractors and subcontractors doing business with the Department + of Defense. + (2) Elements.--The process and procedures for the assessment + and mitigation of risk relating to ownership structures referred to + in paragraph (1) shall include the following elements: + (A) Assessment of foci.--(i) A requirement for covered + contractors and subcontractors to disclose to the Defense + Counterintelligence and Security Agency, or its successor + organization, their beneficial ownership and whether they are + under FOCI. + (ii) A requirement to update such disclosures when changes + occur to information previously provided, consistent with or + similar to the procedures for updating FOCI information under + the National Industrial Security Program Operating Manual (DOD + 5220.22-M), or a successor document. + (iii) A requirement for covered contractors and + subcontractors determined to be under FOCI to disclose contact + information for each of its foreign owners that is a beneficial + owner. + (iv) A requirement that, at a minimum, the disclosures + required by this paragraph be provided at the time the contract + or subcontract is awarded, amended, or renewed, but in no case + later than one year after the Secretary prescribes regulations + to carry out this subsection. + (B) Responsibility determination.--Consistent with section + 2509 of title 10, United States Code, as added by section 845 + of this Act, consideration of FOCI risks as part of + responsibility determinations, including-- + (i) whether to establish a special standard of + responsibility relating to FOCI risks for covered + contractors or subcontractors, and the extent to which the + policies and procedures consistent with or similar to those + relating to FOCI under the National Industrial Security + Program shall be applied to covered contractors or + subcontractors; + (ii) procedures for contracting officers making + responsibility determinations regarding whether covered + contractors and subcontractors may be under foreign + ownership, control, or influence and for determining + whether there is reason to believe that such foreign + ownership, control, or influence would pose a risk or + potential risk to national security or potential compromise + because of sensitive data, systems, or processes, such as + personally identifiable information, cybersecurity, or + national security systems involved with the contract or + subcontract; and + (iii) modification of policies, directives, and + practices to provide that an assessment that a covered + contractor or subcontractor is under FOCI may be a + sufficient basis for a contracting officer to determine + that a contractor or subcontractor is not responsible. + (C) Contract requirements, administration, and oversight + relating to foci.-- + (i) Requirements for contract clauses providing for and + enforcing disclosures related to changes in FOCI or + beneficial ownership during performance of the contract or + subcontract, consistent with subparagraph (A), and + necessitating the effective mitigation of risks related to + FOCI throughout the duration of the contract or + subcontract. + (ii) Pursuant to section 831(c), designation of the + appropriate Department of Defense official responsible to + approve and to take actions relating to award, + modification, termination of a contract, or direction to + modify or terminate a subcontract due to an assessment by + the Defense Counterintelligence and Security Agency, or its + successor organization, that a covered contractor or + subcontractor under FOCI poses a risk to national security + or potential risk of compromise. + (iii) A requirement for the provision of additional + information regarding beneficial ownership and control of + any covered contractor or subcontractor on the contract or + subcontract. + (iv) Other measures as necessary to be consistent with + other relevant practices, policies, regulations, and + actions, including those under the National Industrial + Security Program. + (c) Applicability to Contracts and Subcontracts for Commercial +Products and Services and Other Forms of Acquisition Agreements.-- + (1) Commercial products and services.--The requirements under + subsection (b)(2)(A) and (b)(2)(C) shall not apply to a contract or + subcontract for commercial products or services, unless a + designated senior Department of Defense official specifically + requires the applicability of subsections (b)(2)(A) and (b)(2)(C) + based on a determination by the designated senior official that the + contract or subcontract involves a risk or potential risk to + national security or potential compromise because of sensitive + data, systems, or processes, such as personally identifiable + information, cybersecurity, or national security systems. + (2) Research and development and procurement activities.--The + Secretary of Defense shall ensure that the requirements of this + section are applied to research and development and procurement + activities, including for the delivery of services, established + through any means including those under section 2358(b) of title + 10, United States Code. + (d) Availability of Resources.--The Secretary shall ensure that +sufficient resources, including subject matter expertise, are allocated +to execute the functions necessary to carry out this section, including +the assessment, mitigation, contract administration, and oversight +functions. + (e) Rule of Construction.--Nothing in this section shall be +construed to limit or modify any other procurement policy, procedure, +requirement, or restriction provided by law, including section 721 of +the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by the +Foreign Interference Risk Review Modernization Act of 2018 (subtitle A +of title XVII of Public Law 115-232). + (f) Availability of Beneficial Ownership Data.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense shall establish a + process to update systems of record to improve the assessment and + mitigation of risks associated with FOCI through the inclusion and + updating of all appropriate associated uniquely identifying + information about the contracts and contractors and subcontracts + and subcontractors in the Federal Awardee Performance and Integrity + Information System (FAPIIS), administered by the General Services + Administration, and the Commercial and Government Entity (CAGE) + database, administered by the Defense Logistics Agency. + (2) Limited availability of information.--The Secretary of + Defense shall ensure that the information required to be disclosed + pursuant to this section is-- + (A) not made public; + (B) made available via the FAPIIS and CAGE databases; and + (C) made available to appropriate government departments or + agencies. + SEC. 848. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE + UNMANNED AIRCRAFT SYSTEMS. + (a) Prohibition on Agency Operation or Procurement.--The Secretary +of Defense may not operate or enter into or renew a contract for the +procurement of-- + (1) a covered unmanned aircraft system that-- + (A) is manufactured in a covered foreign country or by an + entity domiciled in a covered foreign country; + (B) uses flight controllers, radios, data transmission + devices, cameras, or gimbals manufactured in a covered foreign + country or by an entity domiciled in a covered foreign country; + (C) uses a ground control system or operating software + developed in a covered foreign country or by an entity + domiciled in a covered foreign country; or + (D) uses network connectivity or data storage located in or + administered by an entity domiciled in a covered foreign + country; or + (2) a system manufactured in a covered foreign country or by an + entity domiciled in a covered foreign country for the detection or + identification of covered unmanned aircraft systems. + (b) Exemption.--The Secretary of Defense is exempt from the +restriction under subsection (a) if the operation or procurement is for +the purposes of-- + (1) Counter-UAS surrogate testing and training; or + (2) intelligence, electronic warfare, and information warfare + operations, testing, analysis, and training. + (c) Waiver.--The Secretary of Defense may waive the restriction +under subsection (a) on a case by case basis by certifying in writing +to the congressional defense committees that the operation or +procurement is required in the national interest of the United States. + (d) Definitions.--In this section: + (1) Covered foreign country.--The term ``covered foreign + country'' means the People's Republic of China. + (2) Covered unmanned aircraft system.--The term ``covered + unmanned aircraft system'' means an unmanned aircraft system and + any related services and equipment. + SEC. 849. MODIFICATION OF PROHIBITION ON ACQUISITION OF SENSITIVE + MATERIALS FROM NON-ALLIED FOREIGN NATIONS. + (a) Expansion of Materials Covered by Prohibition on Sale From +National Defense Stockpile.--Subsection (a)(2) of section 2533c of +title 10, United States Code, is amended, in the matter preceding +subparagraph (A), by striking ``covered material'' and inserting +``material''. + (b) Inclusion of Tantalum in Definition of Covered Materials.-- +Subsection (d)(1) of such section is amended-- + (1) in subparagraph (C), by striking ``; and'' and inserting a + semicolon; + (2) in subparagraph (D), by striking the period and inserting + ``; and''; and + (3) by adding at the end the following new subparagraph: + ``(E) tantalum metals and alloys.''. + SEC. 850. ACQUISITION AND DISPOSAL OF CERTAIN RARE EARTH MATERIALS. + (a) Authority to Dispose of and Acquire Materials for the National +Defense Stockpile.-- + (1) Disposal authority.--Pursuant to section 5(b) of the + Strategic and Critical Materials Stock Piling Act (50 U.S.C. + 98d(b)), the National Defense Stockpile Manager shall dispose of + 3,000,000 pounds of tungsten ores and concentrates contained in the + National Defense Stockpile (in addition to any amount previously + authorized for disposal). + (2) Acquisition authority.-- + (A) Authority.--Using funds available in the National + Defense Stockpile Transaction Fund, the National Defense + Stockpile Manager may acquire the following materials + determined to be strategic and critical materials required to + meet the defense, industrial, and essential civilian needs of + the United States: + (i) Aerospace-grade rayon. + (ii) Electrolytic manganese metal. + (iii) Pitch-based carbon fiber. + (iv) Rare earth cerium compounds. + (v) Rare earth lanthanum compounds. + (B) Amount of authority.--The National Defense Stockpile + Manager may use up to $37,420,000 in the National Defense + Stockpile Transaction Fund for acquisition of the materials + specified in this paragraph. + (3) Fiscal year limitation.--The authority under this + subsection is available for purchases made during fiscal year 2020 + through fiscal year 2024. + (b) Sense of Congress Relating to National Defense Stockpile +Sales.--It is the sense of Congress that tantalum should be designated +as a strategic and critical material under the Strategic and Critical +Materials Stock Piling Act (50 U.S.C. 98 et seq.) required to meet the +defense, industrial, and essential civilian needs of the United States. + (c) Report on Supply Chain Issues for Rare Earth Materials.--Not +later than 180 days after the date of the enactment of this Act, the +Administrator of the Defense Logistics Agency, in coordination with the +Deputy Assistant Secretary of Defense for Industrial Policy, shall +submit a report to Congress assessing issues relating to the supply +chain for rare earth materials. Such report shall include the +following: + (1) An assessment of the rare earth materials in the reserves + held by the United States. + (2) A estimate of the needs of the United States for rare earth + materials-- + (A) in general; and + (B) to support a major near-peer conflict as described in + war game scenarios in the 2018 National Defense Strategy. + (3) An assessment of the extent to which substitutes for rare + earth materials are available. + (4) A strategy or plan to encourage the use of rare earth + materials mined, refined, processed, melted, or sintered in the + United States, or from trusted allies, including an assessment of + the best acquisition practices (which shall include an analysis of + best value contracting methods) to ensure the viability of trusted + suppliers of rare earth materials to meet national security needs. + SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-ENHANCED + CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES. + (a) Establishment.--The Commander of the United States Special +Operations Command may use the greater of $2,000,000 or 5 percent of +the funds required to be expended by the United States Special +Operations Command under section 9(f)(1) of the Small Business Act (15 +U.S.C. 638(f)(1)) for a pilot program to increase participation by +small business concerns in the development of technology-enhanced +capabilities for special operations forces. + (b) Use of Partnership Intermediary.-- + (1) Authorization.--The Commander of the United States Special + Operations Command may modify an existing agreement with a + partnership intermediary to assist the Commander in carrying out + the pilot program under this section, including with respect to the + award of contracts and agreements to small business concerns. + (2) Use of funds.--None of the funds referred to in subsection + (a) shall be used to pay a partnership intermediary for any + administrative costs associated with the pilot program. + (c) Report.--Not later than October 1, 2020, and October 1, 2021, +the Commander of the United States Special Operations Command, in +coordination with the Under Secretary of Defense for Research and +Engineering, shall submit to the congressional defense committees, the +Committee on Small Business of the House of Representatives, and the +Committee on Small Business and Entrepreneurship of the Senate a report +describing any agreement with a partnership intermediary entered into +pursuant to this section. The report shall include, for each such +agreement, the amount of funds obligated, an identification of the +recipient of such funds, and a description of the use of such funds. + (d) Termination.--The authority to carry out a pilot program under +this section shall terminate on September 30, 2021. + (e) Definitions.--In this section: + (1) Partnership intermediary.--The term ``partnership + intermediary'' has the meaning given the term in section 23(c) of + the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. + 3715(c)). + (2) Small business concern.--The term ``small business + concern'' has the meaning given the term under section 3 of the + Small Business Act (15 U.S.C. 632). + (3) Small business innovation research program.--The term + ``Small Business Innovation Research Program'' has the meaning + given the term in section 9(e)(4) of the Small Business Act (15 + U.S.C. 638(e)). + (4) Small business technology transfer program.--The term + ``Small Business Technology Transfer Program'' has the meaning + given the term in section 9(e)(6) of the Small Business Act (15 + U.S.C. 638(e)). + (5) Technology-enhanced capability.--The term ``technology- + enhanced capability'' means a product, concept, or process that + improves the ability of a member of the Armed Forces to achieve an + assigned mission. + SEC. 852. AUTHORIZED OFFICIAL TO CARRY OUT THE PROCUREMENT + TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM. + (a) Authorized Official.--Effective October 1, 2021, section +2411(3) of title 10, United States Code, is amended by striking +``Director of the Defense Logistics Agency'' and inserting ``Under +Secretary of Defense for Acquisition and Sustainment''. + (b) Report and Briefing.--Not later than November 1, 2020, the +Secretary of Defense shall provide to the congressional defense +committees a written report and briefing on the activities carried out +in preparation for the transition of responsibilities for carrying out +the procurement technical assistance cooperative agreement program +under chapter 142 of title 10, United States Code, from the Director of +Defense Logistics Agency to the Under Secretary of Defense for +Acquisition and Sustainment, as required by subsection (a). + (c) Annual Budget Justification Documents.--The Secretary of +Defense shall submit to Congress, as a part of the defense budget +materials (as defined in section 234(d) of title 10, United States +Code) for fiscal year 2021 and each fiscal year thereafter, a budget +justification display that includes the procurement technical +assistance cooperative agreement program under chapter 142 of title 10, +United States Code, as part of the budget justification for Operation +and Maintenance, Defense-wide for the Office of the Secretary of +Defense. + SEC. 853. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE MANUFACTURED + IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. + (a) Additional Procurement Limitation.--Section 2534(a) of title +10, United States Code, is amended by adding at the end the following +new paragraph: + ``(6) Components for auxiliary ships.--Subject to subsection + (k), large medium-speed diesel engines.''. + (b) Implementation.--Such section is further amended by adding at +the end the following new subsection: + ``(k) Implementation of Auxiliary Ship Component Limitation.-- +Subsection (a)(6) applies only with respect to contracts awarded by the +Secretary of a military department for new construction of an auxiliary +ship after the date of the enactment of the National Defense +Authorization Act for Fiscal Year 2020 using funds available for +National Defense Sealift Fund programs or Shipbuilding and Conversion, +Navy. For purposes of this subsection, the term `auxiliary ship' does +not include an icebreaker or a special mission ship.''. + SEC. 854. ADDITION OF DOMESTICALLY PRODUCED STAINLESS STEEL + FLATWARE AND DINNERWARE TO THE BERRY AMENDMENT. + (a) Addition of Domestically Produced Stainless Steel Flatware and +Dinnerware.-- + (1) In general.--Section 2533a(b) of title 10, United States + Code, is amended by adding at the end the following new paragraphs: + ``(3) Stainless steel flatware. + ``(4) Dinnerware.''. + (2) Applicability.--Paragraphs (3) and (4) of section 2533a(b) + of title 10, United States Code, as added by paragraph (1), shall + apply with respect to contracts entered into on or after the date + occurring 1 year after the date of the enactment of this Act. + (3) Repeal.--Effective September 30, 2023, such paragraphs (3) + and (4) are repealed. + (b) Report.-- + (1) Report required.--Not later than October 1, 2020, the + Secretary of Defense shall submit to the congressional defense + committees a report that provides a market survey, cost assessment, + description of national security considerations, and a + recommendation regarding whether the procurement of dinnerware and + stainless steel flatware should be limited to sources in the United + States. + (2) Contents.--The report required under paragraph (1) shall + include an analysis of the following with respect to dinnerware and + stainless steel flatware: + (A) The extent to which such items have commercial + applications. + (B) The number of such items to be procured by current + programs of record. + (C) The criticality of such items to a military unit's + mission accomplishment. + (D) The estimated cost and other considerations of + reconstituting the production capability of such items, if not + maintained in the United States. + (E) National security regulations or restrictions imposed + on such items that may not be imposed on such items if provided + by a competitor outside the United States. + (F) Federal, State, and local government regulations that + are not related to national security that are imposed on such + items that may not be imposed on a competitor outside the + United States. + (G) The extent to which such items is fielded in current + programs of record. + (H) The extent to which such items can be procured as and + when needed in satisfactory quality and sufficient quantity at + United States market prices. + (I) The benefits accrued to the Department of Defense and + the defense industrial base to procure such items from sources + outside the United States. + SEC. 855. APPLICATION OF MISCELLANEOUS TECHNOLOGY BASE POLICIES AND + PROGRAMS TO THE COLUMBIA-CLASS SUBMARINE PROGRAM. + Notwithstanding subchapter V of chapter 148 of title 10, United +States Code (except for sections 2534, 2533a, and 2533b of such title), +for a period of one year beginning on the date of the enactment of this +Act, the milestone decision authority (as defined in section 2366a of +title 10, United States Code) for the Columbia-class submarine program +shall ensure that such program maintains the Acquisition Program +Baseline schedule dates approved under the Milestone B approval (as +defined in such section). + SEC. 856. APPLICATION OF LIMITATION ON PROCUREMENT OF GOODS OTHER + THAN UNITED STATES GOODS TO THE FFG-FRIGATE PROGRAM. + Notwithstanding any other provision of law, amounts authorized to +carry out the FFG-Frigate Program may be used to award a new contract +that provides for the acquisition of the following components +regardless of whether those components are manufactured in the United +States: + (1) Auxiliary equipment (including pumps) for shipboard + services. + (2) Propulsion equipment (including engines, reduction gears, + and propellers). + (3) Shipboard cranes. + (4) Spreaders for shipboard cranes. + SEC. 857. SENSE OF CONGRESS REGARDING CONSIDERATION OF PRICE IN + PROCUREMENT OF THE FFG(X) FRIGATE. + It is the sense of Congress that during fiscal year 2020, in +evaluating proposals for a contract to procure a FFG(X) frigate, the +Secretary of the Navy should ensure price is a critical factor. + + Subtitle F--Provisions Relating to Acquisition Workforce + + SEC. 860. ESTABLISHMENT OF DEFENSE CIVILIAN TRAINING CORPS. + (a) In General.--Part III of subtitle A of title 10, United States +Code, is amended by inserting after chapter 112 the following new +chapter: + + ``CHAPTER 113--DEFENSE CIVILIAN TRAINING CORPS + +``Sec. 2200g. Establishment. +``Sec. 2200h. Program elements. +``Sec. 2200i. Model authorities. +``Sec. 2200j. Definitions. + +``SEC. 2200g. ESTABLISHMENT. + ``For the purposes of preparing selected students for public +service in Department of Defense occupations relating to acquisition, +science, engineering, or other civilian occupations determined by the +Secretary of Defense, and to target critical skill gaps in the +Department of Defense, the Secretary of Defense shall establish and +maintain a Defense Civilian Training Corps program, organized into one +or more units, at any accredited civilian educational institution +authorized to grant baccalaureate degrees. +``SEC. 2200h. PROGRAM ELEMENTS. + ``In establishing the program, the Secretary of Defense shall +determine the following: + ``(1) A methodology to identify and target critical skills gaps + in Department of Defense occupations relating to acquisition, + science, engineering, or other civilian occupations determined by + the Secretary of Defense. + ``(2) A mechanism to track and report the success of the + program in eliminating any critical skills gaps identified under + paragraph (1). + ``(3) Criteria for an accredited civilian educational + institution to participate in the program. + ``(4) The eligibility of a student to become a member of the + program. + ``(5) Criteria required for a member of the program to receive + financial assistance from the Department of Defense. + ``(6) The term of service as an employee of the Department of + Defense required for a member of the program to receive such + financial assistance. + ``(7) Criteria required for a member of the program to be + released from a term of service. + ``(8) The method by which a successful graduate of the program + may gain immediate employment in the Department of Defense. + ``(9) Resources required for implementation of the program. +``SEC. 2200i. MODEL AUTHORITIES. + ``In making determinations under section 2200h of this title, the +Secretary of Defense shall use the authorities under chapters 103 and +111 of this title as guides. +``SEC. 2200j. DEFINITIONS. + ``In this chapter: + ``(1) The term `program' means the Defense Civilian Training + Corps program established under section 2200g. + ``(2) The term `member of the program' means a student at an + accredited civilian educational institution who is enrolled in the + program.''. + (b) Implementation Timeline.-- + (1) Initial implementation.--Not later than February 15, 2020, + the Secretary of Defense shall submit to the congressional defense + committees a plan and schedule to implement the Defense Civilian + Training Corps program established under chapter 113 of title 10, + United States Code (as added by subsection (a)) at one accredited + civilian educational institution authorized to grant baccalaureate + degrees not later than August 1, 2021. The plan shall include a + list of critical skills gaps the program will address and + recommendations for any legislative changes required for effective + implementation of the program. + (2) Expansion.--Not later than December 31, 2020, the Secretary + of Defense shall submit to the congressional defense committees an + expansion plan and schedule to expand the Defense Civilian Training + Corps program to five accredited civilian educational institutions + not later than August 1, 2022. + (3) Full implementation.--Not later than December 31, 2021, the + Secretary of Defense shall submit to the congressional defense + committees a full implementation plan and schedule to expand the + Defense Civilian Training Corps program to at least 20 accredited + civilian educational institutions with not fewer than 400 members + enrolled in the program not later than August 1, 2023. + SEC. 861. DEFENSE ACQUISITION WORKFORCE CERTIFICATION, EDUCATION, + AND CAREER FIELDS. + (a) Professional Certification Requirement.-- + (1) Professional certification required for all acquisition + workforce personnel.--Section 1701a of title 10, United States + Code, is amended-- + (A) by redesignating subsections (c) and (d) as subsections + (d) and (e), respectively; and + (B) by inserting after subsection (b) the following new + subsection: + ``(c) Professional Certification.--(1) In General.--The Secretary +of Defense shall implement a certification program to provide for a +professional certification requirement for all members of the +acquisition workforce. Except as provided in paragraph (2), the +certification requirement for any acquisition workforce career field +shall be based on standards developed by a third-party accredited +program based on nationally or internationally recognized standards. + ``(2) Requirements for Secretary.--If the Secretary determines +that, for a particular acquisition workforce career field, a third- +party accredited program based on nationally or internationally +recognized standards does not exist, the Secretary shall establish the +certification requirement for that career field that conforms with the +practices of national or international accrediting organizations. The +Secretary shall determine the best approach for meeting the +certification requirement for any such career field, including by +implementing such certification requirement through entities outside +the Department of Defense, and may design and implement such +certification requirement without regard to section 1746 of this +title.''. + (2) Performance management.--Subsection (b) of such section is + amended-- + (A) in paragraph (5), by striking ``encourage'' and + inserting ``direct''; and + (B) in paragraph (6), by inserting ``and consequences'' + after ``warnings''. + (3) Participation in professional associations.--Subsection (b) + of such section is further amended-- + (A) by redesignating paragraphs (6), (7), (8), and (9) as + paragraphs (7), (8), (9), and (10), respectively; and + (B) by inserting after paragraph (5) the following new + paragraph: + ``(6) authorize a member of the acquisition workforce to + participate in professional associations, consistent with the + performance plan of such a member in order to provide the member + with the opportunity to gain leadership and management skills.''. + (4) General education, training, and experience requirements.-- + Section 1723 of such title is amended-- + (A) in subsection (a)(3), by striking the second sentence; + and + (B) in subsection (b)(1), by striking ``encourage'' and + inserting ``direct''. + (5) Effective date.--The Secretary of Defense shall implement + procedures to institute the program required by subsection (c) of + section 1701a of title 10, United States Code, as added by + paragraph (1), not later than 180 days after the date of the + enactment of this Act. + (b) Elimination of Statutory Requirement for Completion of 24 +Semester Credit Hours.-- + (1) Qualification requirements for contracting positions.-- + Section 1724 of title 10, United States Code, is amended-- + (A) in subsection (a)(3)-- + (i) by striking ``(A)'' after ``(3)''; and + (ii) by striking ``, and (B)'' and all that follows + through ``and management''; and + (B) in subsection (b), by striking ``requirements'' in the + first sentences of paragraphs (1) and (2) and inserting + ``requirement''; + (C) in subsection (e)-- + (i) in paragraph (1)-- + + (I) by striking ``requirements in subparagraphs (A) + and (B) of subsection (a)(3)'' and inserting + ``requirement of subsection (a)(3)''; and + (II) in subparagraph (C), by striking + ``requirements'' and inserting ``requirement''; and + + (ii) in paragraph (2)-- + + (I) by striking ``shall have--'' and all that + follows through ``been awarded'' and inserting ``shall + have been awarded''; + (II) by striking ``; or'' and inserting a period; + and + (III) by striking subparagraph (B); and + + (D) in subsection (f), by striking ``, including--'' and + all that follows and inserting a period. + (2) Selection criteria and procedures.--Section 1732 of such + title is amended-- + (A) in subsection (b)(1)-- + (i) by striking ``Such requirements,'' and all the + follows through ``the person--'' and inserting ``Such + requirements shall include a requirement that the person-- + ''; + (ii) by striking subparagraph (B); and + (iii) by redesignating clauses (i) and (ii) as + subparagraphs (A) and (B), respectively, and conforming the + margins accordingly; + (B) in subsection (c), by striking ``requirements of + subsections (b)(1)(A) and (b)(1)(B)'' in paragraphs (1) and (2) + and inserting ``requirement of subsection (b)(1)''; and + (C) in subsection (d)-- + (i) by striking ``(1) Except as provided in paragraph + (2),''; and + (ii) by striking paragraph (2). + (c) Defense Acquisition University.--Section 1746 of title 10, +United States Code, is amended-- + (1) in subsection (b)-- + (A) by redesignating paragraphs (2) and (3) as paragraphs + (4) and (5), respectively; + (B) by inserting after paragraph (1) the following new + paragraphs: + ``(2) The professors, instructors, and lecturers employed under + paragraph (1) shall include individuals from civilian colleges or + universities that are not owned or operated by the Federal + Government, commercial learning and development organizations, + industry, or federally funded research and development centers. + ``(3) The Secretary of Defense shall ensure that-- + ``(A) not later than September 1, 2021, not less than five + full-time visiting professors employed under paragraph (1) are + from civilian colleges or universities described under + paragraph (2); ; and + ``(B) not later than September 1, 2022, not less than ten + full-time visiting professors employed under paragraph (1) are + from such civilian colleges or universities.''; and + (2) in subsection (c), by inserting ``, and with commercial + training providers,'' after ``military departments''. + (d) Designation of Security Cooperation as an Acquisition +Position.--Section 1721(b) of title 10, United States Code, is +amended-- + (1) by amending paragraph (11) to read as follows: + ``(11) Security cooperation.''; and + (2) by adding at the end the following new paragraph: + ``(13) Other positions, as necessary.''. + (e) Career Paths.-- + (1) Career path required for each acquisition workforce career + field.--Paragraph (4) of section 1701a(b) of title 10, United + States Code, is amended to read as follows: + ``(4) develop and implement a career path, as described in + section 1722(a) of this title, for each career field designated by + the Secretary under section 1721(a) of this title as an acquisition + workforce career field;''. + (2) Conforming amendments.--Section 1722(a) of such title is + amended-- + (A) by striking ``appropriate career paths'' and inserting + ``an appropriate career path''; and + (B) by striking ``are identified'' and inserting ``is + identified for each acquisition workforce career field''. + (3) Deadline for implementation of career paths.--Not later + than the end of the two-year period beginning on the date of the + enactment of this Act, the Secretary of Defense shall carry out the + requirements of paragraph (4) of section 1701a(b) of title 10, + United States Code (as amended by paragraph (1)). + (f) Career Fields.-- + (1) Designation of acquisition workforce career fields.-- + Section 1721(a) of such title is amended by adding at the end the + following new sentence: ``The Secretary shall also designate in + regulations those career fields in the Department of Defense that + are acquisition workforce career fields for purposes of this + chapter.''. + (2) Clerical amendments.--(A) The heading of section 1721 of + such title is amended to read as follows: +``Sec. 1721. Designation of acquisition positions and acquisition + workforce career fields''. + (B) The item relating to such section in the table of + sections at the beginning of subchapter II of chapter 87 of + such title is amended to read as follows: + +``1721. Designation of acquisition positions and acquisition workforce + career fields.''. + + (3)(A) The heading of subchapter II of chapter 87 of such title + is amended to read as follows: + + ``subchapter ii--acquisition positions and acquisition workforce career + fields''. + + (B) The item relating to such subchapter in the table of + subchapters at the beginning of such chapter is amended to read as + follows: + +``II. Acquisition Positions And Acquisition Workforce Career +Fields...........................................................1721''. + + (4) Deadline for designation of career fields.--Not later than + the end of the six-month period beginning on the date of the + enactment of this Act, the Secretary of Defense shall carry out the + requirements of the second sentence of section 1721(a) of title 10, + United States Code (as added by paragraph (1)). + (g) Key Work Experiences.-- + (1) Development of key work experiences for each acquisition + workforce career field.--Section 1722b of such title is amended by + adding at the end the following new subsection: + ``(c) Key Work Experiences.--In carrying out subsection (b)(2), the +Secretary shall ensure that key work experiences, in the form of +multidisciplinary experiences, are developed for each acquisition +workforce career field.''. + (2) Plan for implementation of key work experiences.--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 plan identifying the specific actions the Secretary + has taken, and is planning to take, to develop and establish key + work experiences for each acquisition workforce career field as + required by subsection (c) of section 1722b of title 10, United + States Code (as added by paragraph (1)). The plan shall specify the + percentage of the acquisition workforce, or funds available for + administration of the acquisition workforce on an annual basis, + that the Secretary will dedicate towards developing and + establishing such key work experiences. + (h) Applicability of Career Path Requirements to All Members of +Acquisition Workforce.--Section 1723(b) of such title is amended by +striking ``the critical acquisition-related''. + (i) Competency Development.-- + (1) In general.--Subchapter V of chapter 87 of such title is + amended by adding at the end the following new section: +``Sec. 1765. Competency development + ``For each acquisition workforce career field, the Secretary of +Defense shall-- + ``(1) establish, for the civilian personnel in that career + field, defined proficiency standards and technical and nontechnical + competencies which shall be used in personnel qualification + assessments; and + ``(2) assign resources to accomplish such technical and + nontechnical competencies.''. + (2) The table of sections at the beginning of such subchapter + II is amended by adding at the end the following new item: + +``1765. Competency development.''. + + (3) Deadline for implementation.--Not later than the end of the + two-year period beginning on the date of the enactment of this Act, + the Secretary of Defense shall carry out the requirements of + section 1765 of title 10, United States Code (as added by paragraph + (1)). + (j) Termination of Defense Acquisition Corps.-- + (1) The Acquisition Corps for the Department of Defense + referred to in section 1731(a) of title 10, United States Code, is + terminated. + (2) Section 1733 of title 10, United States Code, is amended-- + (A) by striking subsection (a); and + (B) by redesignating subsection (b) as subsection (a). + (3) Subsection (b) of section 1731 of such title is transferred + to the end of section 1733 of such title, as amended by paragraph + (2), and amended-- + (A) by striking ``Acquisition Corps'' in the heading and + inserting ``the Acquisition Workforce''; and + (B) by striking ``selected for the Acquisition Corps'' and + inserting ``in the acquisition workforce''. + (4) Subsection (e) of section 1732 of such title is transferred + to the end of section 1733 of such title, as amended by paragraphs + (2) and (3), redesignated as subsection (c), and amended-- + (A) by striking ``in the Acquisition Corps'' in paragraphs + (1) and (2) and inserting ``in critical acquisition + positions''; and + (B) by striking ``serving in the Corps'' in paragraph (2) + and inserting ``employment''. + (5) Sections 1731 and 1732 of such title are repealed. + (6)(A) Section 1733 of such title, as amended by paragraphs + (2), (3), and (4), is redesignated as section 1731. + (B) The table of sections at the beginning of subchapter III of + chapter 87 of such title is amended by striking the items relating + to sections 1731, 1732, and 1733 and inserting the following new + item: + +``1731. Critical acquisition positions.''. + + (7)(A) The heading of subchapter III of chapter 87 of such + title is amended to read as follows: + + ``subchapter iii--critical acquisition positions''. + + (B) The item relating to such subchapter in the table of + subchapters at the beginning of such chapter is amended to read as + follows: + +``III. Critical Acquisition Positions............................1731''. + + (8) Section 1723(a)(2) of such title is amended by striking + ``section 1733 of this title'' and inserting ``section 1731 of this + title''. + (9) Section 1725 of such title is amended-- + (A) in subsection (a)(1), by striking ``Defense Acquisition + Corps'' and inserting ``acquisition workforce''; and + (B) in subsection (d)(2), by striking ``of the Defense + Acquisition Corps'' and inserting ``in the acquisition + workforce serving in critical acquisition positions''. + (10) Section 1734 of such title is amended-- + (A) by striking ``of the Acquisition Corps'' in subsections + (e)(1) and (h) and inserting ``of the acquisition workforce''; + and + (B) in subsection (g)-- + (i) by striking ``of the Acquisition Corps'' in the + first sentence and inserting ``of the acquisition + workforce''; + (ii) by striking ``of the Corps'' and inserting ``of + the acquisition workforce''; and + (iii) by striking ``of the Acquisition Corps'' in the + second sentence and inserting ``of the acquisition + workforce in critical acquisition positions''. + (11) Section 1737 of such title is amended-- + (A) in subsection (a)(1), by striking ``of the Acquisition + Corps'' and inserting ``of the acquisition workforce''; and + (B) in subsection (b), by striking ``of the Corps'' and + inserting ``of the acquisition workforce''. + (12) Section 1742(a)(1) of such title is amended by striking + ``the Acquisition Corps'' and inserting ``acquisition positions in + the Department of Defense''. + (13) Section 2228(a)(4) of such title is amended by striking + ``under section 1733(b)(1)(C) of this title'' and inserting ``under + section 1731 of this title''. + (14) Section 7016(b)(5)(B) of such title is amended by striking + ``under section 1733 of this title'' and inserting ``under section + 1731 of this title''. + (15) Section 8016(b)(4)(B) of such title is amended by striking + ``under section 1733 of this title'' and inserting ``under section + 1731 of this title''. + (16) Section 9016(b)(4)(B) of such title is amended by striking + ``under section 1733 of this title'' and inserting ``under section + 1731 of this title''. + (17) Paragraph (1) of section 317 of title 37, United States + Code, is amended to read as follows: + ``(1) is a member of the acquisition workforce selected to + serve in, or serving in, a critical acquisition position designated + under section 1731 of title 10.''. + SEC. 862. SOFTWARE DEVELOPMENT AND SOFTWARE ACQUISITION TRAINING + AND MANAGEMENT PROGRAMS. + (a) Establishment of Software Development and Software Acquisition +Training and Management Programs.-- + (1) In general.--The Secretary of Defense, acting through the + Under Secretary of Defense for Acquisition and Sustainment and in + consultation with the Under Secretary of Defense for Research and + Engineering, the Under Secretary of Defense for Personnel and + Readiness, and the Chief Information Officer of the Department of + Defense, shall establish software development and software + acquisition training and management programs for all software + acquisition professionals, software developers, and other + appropriate individuals (as determined by the Secretary of + Defense), to earn a certification in software development and + software acquisition. + (2) Program contents.--The programs established under paragraph + (1) shall-- + (A) develop and expand the use of specialized training + programs for chief information officers of the military + departments and the Defense Agencies, service acquisition + executives, program executive officers, and program managers to + include training on and experience in-- + (i) continuous software development; and + (ii) acquisition pathways available to acquire + software; + (B) ensure that appropriate program managers-- + (i) have demonstrated competency in current software + processes; + (ii) have the skills to lead a workforce that can + quickly meet challenges, use software tools that prioritize + continuous or frequent upgrades as such tools become + available, take up opportunities provided by new + innovations, and plan software activities in short + iterations to learn from risks of software testing; and + (iii) have the experience and training to delegate + technical oversight and execution decisions; and + (C) include continuing education courses, exchanges with + private-sector organizations, and experiential training to help + individuals maintain skills learned through the programs. + (b) Reports.-- + (1) Reports required.--The Secretary shall submit to the + congressional defense committees-- + (A) not later than 90 days after the date of the enactment + of this Act, an initial report; and + (B) not later than one year after the date of the enactment + of this Act, a final report. + (2) Contents.--Each report required under paragraph (1) shall + include-- + (A) the status of implementing the software development and + software acquisition training and management programs + established under subsection (a)(1); + (B) a description of the requirements for certification, + including the requirements for competencies in current software + processes; + (C) a description of potential career paths in software + development and software acquisition within the Department of + Defense; + (D) an independent assessment conducted by the Defense + Innovation Board of the progress made on implementing the + programs established under subsection (a)(1); and + (E) any recommendations for changes to existing law to + facilitate the implementation of the programs established under + subsection (a)(1). + (c) Definitions.--In this section: + (1) Program executive officer; program manager.--The terms + ``program executive officer'' and ``program manager'' have the + meanings given those terms, respectively, in section 1737 of title + 10, United States Code. + (2) Service acquisition executive.--The terms ``military + department'', ``Defense Agency'', and ``service acquisition + executive'' have the meanings given those terms, respectively, in + section 101 of title 10, United States Code. + (3) Major defense acquisition program.--The term ``major + defense acquisition program'' has the meaning given in section 2430 + of title 10, United States Code. + (4) Defense business system.--The term ``defense business + system'' has the meaning given in section 2222(i)(1) of title 10, + United States Code. + SEC. 863. MODIFICATION OF TEMPORARY ASSIGNMENTS OF DEPARTMENT OF + DEFENSE EMPLOYEES TO A PRIVATE-SECTOR ORGANIZATION. + (a) Public-private Talent Exchange Program.--Section 1599g of title +10, United States Code, is amended by adding at the end the following +new subsections: + ``(i) Conflicts of Interest.--A private-sector organization that is +temporarily assigned a member of the acquisition workforce under this +section shall not be considered to have a conflict of interest with the +Department of Defense solely because of participation in the program +established under this section. + ``(j) Funding; Use of Defense Acquisition Workforce Development +Fund.--Funds for the expenses for the program established under this +section may be provided from amounts in the Department of Defense +Acquisition Workforce Development Fund. Expenses for the program +include-- + ``(1) notwithstanding section 1705(e)(5) of this title, the + base salary of a civilian member of the acquisition workforce + assigned to a private-sector organization under this section, + during the period of that assignment; + ``(2) expenses relating to assignment under this section of a + member of the acquisition workforce away from the member's regular + duty station, including expenses for travel, per diem, and lodging; + and + ``(3) expenses for the administration of the program.''. + (b) Use of Defense Acquisition Workforce Development Fund.--Section +1705(e)(1) of such title is amended by adding at the end the following +new subparagraph: + ``(C) Amounts in the Fund may be used to pay the expenses + of the public-private talent exchange program established under + section 1599g of this title.''. + SEC. 864. INCENTIVES AND CONSIDERATION FOR QUALIFIED TRAINING + PROGRAMS. + (a) In General.--Chapter 141 of title 10, United States Code, is +amended by inserting after section 2409 the following new section: +``Sec. 2409a. Incentives and consideration for qualified training + programs + ``(a) Incentives.--The Secretary of Defense shall develop workforce +development investment incentives for a contractor that implements a +qualified training program to develop the workforce of the contractor +in a manner consistent with the needs of the Department of Defense. + ``(b) Consideration of Qualified Training Programs.--The Secretary +of Defense shall revise the Department of Defense Supplement to the +Federal Acquisition Regulation to require that the system used by the +Federal Government to monitor or record contractor past performance +includes an analysis of the availability, quality, and effectiveness of +a qualified training program of an offeror as part of the past +performance rating of such offeror. + ``(c) Qualified Training Program Defined.--The term `qualified +training program' means any of the following: + ``(1) A program eligible to receive funds under the Workforce + Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). + ``(2) A program eligible to receive funds under the Carl D. + Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 + et seq.). + ``(3) A program registered under the Act of August 16, 1937 + (commonly known as the `National Apprenticeship Act'; Stat. 664, + chapter 663; 29 U.S.C. 50 et seq.). + ``(4) Any other program determined to be a qualified training + program for purposes of this section, and that meets the workforce + needs of the Department of Defense, as determined by the Secretary + of Defense.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +2409 the following new item: + +``2409a. Incentives and consideration for qualified training + programs.''. + SEC. 865. USE OF QUALIFIED APPRENTICES BY MILITARY CONSTRUCTION + CONTRACTORS. + (a) Use of Qualified Apprentices by Military Construction +Contractors.-- + (1) In general.--Subchapter III of chapter 169 of title 10, + United States Code, is amended by adding at the end the following + new section: +``Sec. 2870. Use of qualified apprentices by military construction + contractors + ``(a) Certification Required.--The Secretary of Defense shall +require each offeror for a contract for a military construction project +to certify to the Secretary that, if awarded such a contract, the +offeror will-- + ``(1) establish a goal that not less than 20 percent of the + total workforce employed in the performance of such a contract are + qualified apprentices; and + ``(2) make a good faith effort to meet or exceed such goal. + ``(b) Incentives.--The Secretary of Defense shall develop +incentives for offerors for a contract for military construction +projects to meet or exceed the goal described in subsection (a). + ``(c) Consideration of Use of Qualified Apprentices.--The Secretary +of Defense shall revise the Department of Defense Supplement to the +Federal Acquisition Regulation to require that the system used by the +Federal Government to monitor or record contractor past performance +includes an analysis of whether the contractor has made a good faith +effort to meet or exceed the goal described in subsection (a), +including consideration of the actual number of qualified apprentices +used by the contractor on the contract, as part of the past performance +rating of such contractor. + ``(d) Qualified Apprentice Defined.--In this section, the term +`qualified apprentice' means an employee participating in an +apprenticeship program that is-- + ``(1) registered with the Office of Apprenticeship of the + Employment Training Administration of the Department of Labor + pursuant to the Act of August 16, 1937 (popularly known as the + `National Apprenticeship Act'; 29 U.S.C. 50 et seq.); + ``(2) registered with a State apprenticeship agency recognized + by such Office of Apprenticeship pursuant to such Act; or + ``(3) determined to be a high-quality apprenticeship program by + industry and the Secretary of Labor.''. + (2) Clerical amendment.--The table of sections at the beginning + of subchapter III of chapter 169 of title 10, United States Code, + is amended by adding at the end the following new item: + +``2870. Use of qualified apprentices by military construction + contractors.''. + + (b) Applicability.--The amendments made by this section shall apply +with respect to contracts awarded on or after the date that is 180 days +after the date of the enactment of this Act. + + Subtitle G--Small Business Matters + + SEC. 870. REQUIREMENTS RELATING TO CREDIT FOR CERTAIN SMALL + BUSINESS CONCERN SUBCONTRACTORS. + (a) Credit for Certain Small Business Concern Subcontractors.-- +Section 8(d)(16) of the Small Business Act (15 U.S.C. 637(d)) is +amended to read as follows: + ``(16) Credit for certain small business concern + subcontractors.-- + ``(A) In general.--For purposes of determining whether or + not a prime contractor has attained the percentage goals + specified in paragraph (6)-- + ``(i) if the subcontracting goals pertain only to a + single contract with a Federal agency, the prime contractor + may elect to receive credit for small business concerns + performing as first tier subcontractors or subcontractors + at any tier pursuant to the subcontracting plans required + under paragraph (6)(D) in an amount equal to the total + dollar value of any subcontracts awarded to such small + business concerns; and + ``(ii) if the subcontracting goals pertain to more than + one contract with one or more Federal agencies, or to one + contract with more than one Federal agency, the prime + contractor may only receive credit for first tier + subcontractors that are small business concerns. + ``(B) Collection and review of data on subcontracting + plans.--The head of each contracting agency shall ensure that + the agency-- + ``(i) collects and reports data on the extent to which + prime contractors of the agency meet the goals and + objectives set forth in subcontracting plans submitted + pursuant to this subsection; and + ``(ii) periodically reviews data collected and reported + pursuant to clause (i) for the purpose of ensuring that + such contractors comply in good faith with the requirements + of this subsection. + ``(C) Rule of construction.--Nothing in this paragraph + shall be construed to allow a Federal agency to establish a + goal for an number of subcontracts with a subcontractor at any + tier for a prime contractor otherwise eligible to receive + credit under this paragraph.''. + (b) Maintenance of Records With Respect to Credit Under a +Subcontracting Plan.--Section 8(d)(6) of the Small Business Act (15 +U.S.C. 637(d)(6)) is amended-- + (1) by redesignating subparagraphs (G) and (H) as subparagraphs + (H) and (I), respectively (and conforming the margins accordingly); + and + (2) by inserting after subparagraph (F) the following new + subparagraph: + ``(G) a recitation of the types of records the successful + offeror or bidder will maintain to demonstrate that procedures + have been adopted to substantiate the credit the successful + offeror or bidder will elect to receive under paragraph + (16)(A);''. + SEC. 871. INCLUSION OF BEST IN CLASS DESIGNATIONS IN ANNUAL REPORT + ON SMALL BUSINESS GOALS. + Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is +amended by adding at the end the following new paragraph: + ``(4) Best in class small business participation reporting.-- + ``(A) Addendum.--In addition to the requirements under + paragraph (2) and for each best in class designation, the + Administrator shall include in the report required by such + paragraph-- + ``(i) the total amount of spending Governmentwide in + such designation; and + ``(ii) the number of small business concerns awarded + contracts and the dollar amount of such contracts awarded + within each such designation to each of the following-- + + ``(I) qualified HUBZone small business concerns; + ``(II) small business concerns owned and controlled + by women; + ``(III) small business concerns owned and + controlled by service-disabled veterans; and + ``(IV) small business concerns owned and controlled + by socially and economically disadvantaged individuals. + + ``(B) Best in class defined.--The term `best in class' has + the meaning given such term by the Director of the Office of + Management and Budget. + ``(C) Effective date.--The Administrator shall report on + the information described by subparagraph (A) beginning on the + date that such information is available in the Federal + Procurement Data System, the System for Award Management, or + any successor to such systems.''. + SEC. 872. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF DEFENSE + MENTOR-PROTEGE PROGRAM. + (a) Reauthorization.-- + (1) In general.--Subsection (j) of section 831 of the National + Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; + 10 U.S.C. 2302 note) is amended-- + (A) in paragraph (1), by striking ``September 30, 2018'' + and inserting ``September 30, 2024''; and + (B) in paragraph (2), by striking ``September 30, 2021'' + and inserting ``September 30, 2026''. + (2) Program participation term.--Subsection (e)(2) of such + section is amended by striking ``three years'' each place such term + appears and inserting ``two years''. + (3) Effective date.--The amendments made by this subsection + shall take effect on the date on which the Secretary of Defense + submits to Congress the small business strategy required under + section 2283 of title 10, United States Code. The Secretary of + Defense shall notify the Law Revision Counsel of the House of + Representatives of the submission of the strategy so that the Law + Revision Counsel may execute the amendments made by this + subsection. + (b) Office of Small Business Programs Oversight.--Section 831 of +the National Defense Authorization Act for Fiscal Year 1991 (Public Law +101-510; 10 U.S.C. 2302 note) is amended-- + (1) by redesignating subsection (n) as subsection (o); and + (2) by inserting after subsection (m) the following new + subsection: + ``(n) Establishment of Performance Goals and Periodic Reviews.--The +Office of Small Business Programs of the Department of Defense shall-- + ``(1) establish performance goals consistent with the stated + purpose of the Mentor-Protege Program and outcome-based metrics to + measure progress in meeting those goals; and + ``(2) submit to the congressional defense committees, not later + than February 1, 2020, a report on progress made toward + implementing these performance goals and metrics, based on periodic + reviews of the procedures used to approve mentor-protege + agreements.''. + (c) Modification of Disadvantaged Small Business Concern +Definition.--Paragraph (2) of section 831(o) of the National Defense +Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. +2302 note), as redesignated by subsection (b)(1), is amended in the +matter preceding subparagraph (A) by striking ``has less than half the +size standard corresponding to its primary North American Industry +Classification System code'' and inserting ``is not more than the size +standard corresponding to its primary North American Industry +Classification System code''. + (d) Independent Report on Program Effectiveness.--The Secretary of +Defense shall direct the Defense Business Board to submit, not later +than March 31, 2022, to the congressional defense committees a report +evaluating the effectiveness of the Mentor-Protege Program established +under section 831 of the National Defense Authorization Act for Fiscal +Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), including +recommendations for improving the program in terms of performance +metrics, forms of assistance, and overall program effectiveness. + (e) Report.--Not later than 180 days after the date of the +enactment of this Act, and annually thereafter until September 30, +2024, the Secretary of Defense shall submit to the congressional +defense committees a report on the Mentor-Protege Program established +under section 831 of the National Defense Authorization Act for Fiscal +Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) that describes-- + (1) each mentor-protege agreement entered into under such + section, disaggregated by the type of disadvantaged small business + concern (as defined in subsection (o) of such section) receiving + assistance pursuant to such an agreement; + (2) the type of assistance provided to protege firms (as + defined in such subsection) under each such agreement; + (3) the benefits provided to mentor firms (as defined in such + subsection) under each such agreement; and + (4) the progress of protege firms under each such agreement + with respect to competing for Federal prime contracts and + subcontracts. + SEC. 873. ACCELERATED PAYMENTS APPLICABLE TO CONTRACTS WITH CERTAIN + SMALL BUSINESS CONCERNS UNDER THE PROMPT PAYMENT ACT. + Section 3903(a) of title 31, United States Code, is amended-- + (1) in paragraph (1)(B), by inserting ``except as provided in + paragraphs (10) and (11),'' before ``30 days''; + (2) in paragraph (8), by striking ``and''; + (3) in paragraph (9), by striking the period at the end and + inserting a semicolon; and + (4) by adding at the end the following new paragraphs: + ``(10) for a prime contractor (as defined in section 8701(5) of + title 41) that is a small business concern (as defined under + section 3 of the Small Business Act (15 U.S.C. 632)), to the + fullest extent permitted by law, require that the head of an agency + establish an accelerated payment date with a goal of 15 days after + a proper invoice for the amount due is received if a specific + payment date is not established by contract; and + ``(11) for a prime contractor (as defined in section 8701(5) of + title 41) that subcontracts with a small business concern (as + defined under section 3 of the Small Business Act (15 U.S.C. 632)), + to the fullest extent permitted by law, require that the head of an + agency establish an accelerated payment date with a goal of 15 days + after a proper invoice for the amount due is received if-- + ``(A) a specific payment date is not established by + contract; and + ``(B) such prime contractor agrees to make payments to such + subcontractor in accordance with such accelerated payment date, + to the maximum extent practicable, without any further + consideration from or fees charged to such subcontractor.''. + SEC. 874. POSTAWARD EXPLANATIONS FOR UNSUCCESSFUL OFFERORS FOR + CERTAIN CONTRACTS. + Not later than 180 days after the date of the enactment of this +Act, the Federal Acquisition Regulation shall be revised to require +that with respect to an offer for a task order or delivery order in an +amount greater than the simplified acquisition threshold (as defined in +section 134 of title 41, United States Code) and less than or equal to +$5,500,000 issued under an indefinite delivery-indefinite quantity +contract, the contracting officer for such contract shall, upon written +request from an unsuccessful offeror, provide a brief explanation as to +why such offeror was unsuccessful that includes a summary of the +rationale for the award and an evaluation of the significant weak or +deficient factors in the offeror's offer. + SEC. 875. SMALL BUSINESS CONTRACTING CREDIT FOR SUBCONTRACTORS THAT + ARE PUERTO RICO BUSINESSES OR COVERED TERRITORY BUSINESSES. + Section 15(x) of the Small Business Act (15 U.S.C. 644(x)(1)) is +amended-- + (1) in the subsection heading, by adding ``and Covered + Territory Businesses'' after ``Puerto Rico Businesses''; + (2) in paragraph (1)-- + (A) by inserting ``or a covered territory business, or a + prime contractor awards a subcontract (at any tier) to a + subcontractor that is a Puerto Rico business or a covered + territory business,'' after ``Puerto Rico business''; + (B) by inserting ``or subcontract'' after ``the contract''; + and + (C) by striking ``subsection (g)(1)(A)(i)'' and inserting + ``subsection (g)(1)(A)''; and + (3) by adding at the end the following new paragraph: + ``(3) Covered territory business defined.--In this subsection, + the term `covered territory business' means a small business + concern that has its principal office located in one of the + following: + ``(A) The United States Virgin Islands. + ``(B) American Samoa. + ``(C) Guam. + ``(D) The Northern Mariana Islands.''. + SEC. 876. TECHNICAL AMENDMENT REGARDING TREATMENT OF CERTAIN + SURVIVING SPOUSES UNDER THE DEFINITION OF SMALL BUSINESS CONCERN + OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS. + Effective on the date specified in subsection (e) of section 1832 +of the National Defense Authorization Act for Fiscal Year 2017 (Public +Law 114-328; 130 Stat. 2660), section 3(q)(2) of the Small Business Act +(15 U.S.C. 632(q)) is amended-- + (1) in subparagraph (C)(i)(II), by striking ``rated as 100 + percent'' and all that follows through ``service-connected + disability''; and + (2) by amending subparagraph (C)(ii)(III) to read as follows: + ``(III) the date that-- + + ``(aa) in the case of a surviving spouse of a + veteran with a service-connected disability rated as + 100 percent disabling or who dies as a result of a + service-connected disability, is 10 years after the + date of the death of the veteran; or + ``(bb) in the case of a surviving spouse of a + veteran with a service-connected disability rated as + less than 100 percent disabling who does not die as a + result of a service-connected disability, is 3 years + after the date of the death of the veteran.''. + + SEC. 877. EXTENSION OF LOAN ASSISTANCE AND DEFERRAL ELIGIBILITY TO + RESERVISTS AND MEMBERS OF THE NATIONAL GUARD BEYOND PERIODS OF + MILITARY CONFLICT. + (a) Small Business Act Amendments.--Section 7 of the Small Business +Act (15 U.S.C. 636) is amended-- + (1) in subsection (b)(3)-- + (A) in subparagraph (A)-- + (i) by striking clause (ii); + (ii) by redesignating clause (i) as clause (ii); + (iii) by inserting before clause (ii), as so + redesignated, the following: + ``(i) the term `active service' has the meaning given that + term in section 101(d)(3) of title 10, United States Code;''; + and + (iv) in clause (ii), as so redesignated, by adding + ``and'' at the end; + (B) in subparagraph (B), by striking ``being ordered to + active military duty during a period of military conflict'' and + inserting ``being ordered to perform active service for a + period of more than 30 consecutive days''; + (C) in subparagraph (C), by striking ``active duty'' each + place it appears and inserting ``active service''; and + (D) in subparagraph (G)(ii)(II), by striking ``active + duty'' and inserting ``active service''; and + (2) in subsection (n)-- + (A) in the subsection heading, by striking ``Active Duty'' + and inserting ``Active Service''; + (B) in paragraph (1)-- + (i) by striking subparagraph (C); + (ii) by redesignating subparagraphs (A) and (B) as + subparagraphs (B) and (C), respectively; + (iii) by inserting before subparagraph (B), as so + redesignated, the following: + ``(A) Active service.--The term `active service' has the + meaning given that term in section 101(d)(3) of title 10, + United States Code.''; + (iv) in subparagraph (B), as so redesignated, by + striking ``ordered to active duty during a period of + military conflict'' and inserting ``ordered to perform + active service for a period of more than 30 consecutive + days''; and + (v) in subparagraph (D), by striking ``active duty'' + each place it appears and inserting ``active service''; and + (C) in paragraph (2)(B), by striking ``active duty'' each + place it appears and inserting ``active service''. + (b) Applicability.--The amendments made by subsection (a)(1) shall +apply to an economic injury suffered or likely to be suffered as the +result of an essential employee being ordered to perform active service +(as defined in section 101(d)(3) of title 10, United States Code) for a +period of more than 30 consecutive days who is discharged or released +from such active service on or after the date of enactment of this Act. + (c) Semiannual Report.--Not later than 180 days after the date of +enactment of this Act, and semiannually thereafter, the President shall +submit to the Committee on Small Business and Entrepreneurship and the +Committee on Appropriations of the Senate and the Committee on Small +Business and the Committee on Appropriations of the House of +Representatives a report on the number of loans made under the Military +Reservist Economic Injury Disaster Loan program and the dollar volume +of those loans. The report shall contain the subsidy rate of the +disaster loan program as authorized under section 7(b) of the Small +Business Act (15 U.S.C. 636(b)) with the loans made under the Military +Reservist Economic Injury Disaster Loan program and without those loans +included. + (d) Technical and Conforming Amendment.--Section 8(l) of the Small +Business Act (15 U.S.C. 637(l)) is amended-- + (1) by striking ``The Administration'' and inserting the + following: + ``(1) In general.--The Administration''; + (2) by striking ``(as defined in section 7(n)(1))''; and + (3) by adding at the end the following: + ``(2) Definition of period of military conflict.--In this + subsection, the term `period of military conflict' means-- + ``(A) a period of war declared by the Congress; + ``(B) a period of national emergency declared by the + Congress or by the President; or + ``(C) a period of a contingency operation, as defined in + section 101(a) of title 10, United States Code.''. + SEC. 878. MODIFICATION TO THE DEFENSE RESEARCH AND DEVELOPMENT + RAPID INNOVATION PROGRAM. + (a) Types of Awards; Award Size; Limitation on Certain Awards.-- +Section 2359a of title 10, United States Code, is amended-- + (1) in subsection (a)(1), by inserting ``phase II Small + Business Technology Transfer Program projects,'' after + ``projects,''; + (2) in subsection (b)-- + (A) in paragraph (3), by striking ``$3,000,000'' and all + that follows through the period at the end and inserting + ``$6,000,000.''; and + (B) by adding at the end the following new paragraph: + ``(7) A preference under the program for funding small business + concerns.''; and + (3) in subsection (d)-- + (A) by striking ``Subject to'' and inserting ``(1) Subject + to''; + (B) in paragraph (1), as so designated, by inserting ``and + to the limitation under paragraph (2)'' after ``for such + purpose''; and + (C) by adding at the end the following new paragraph: + ``(2) During any fiscal year, the total amount of awards in an + amount greater than $3,000,000 made under the program established + under subsection (a) may not exceed 25 percent of the amount made + available to carry out such program during such fiscal year.''. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on the program established +under section 2359a(a) of title 10, United States Code (commonly known +as the ``Defense Research and Development Rapid Innovation Program''), +which shall include-- + (1) with respect to the two fiscal years preceding the + submission of the report-- + (A) a description of the total number of proposals funded + under the program; + (B) the percent of funds made available under the program + for phase II Small Business Innovation Research Program + projects (as defined under section 9 of the Small Business Act + (15 U.S.C. 638)); and + (C) a list of phase II Small Business Innovation Research + Program projects that received funding under the program that + were included in major defense acquisition programs (as defined + in section 2430 of title 10, United States Code) and other + defense acquisition programs that meet critical national + security needs; and + (2) an assessment on the effectiveness of the program in + stimulating innovative technologies, reducing acquisition or + lifecycle costs, addressing technical risk, and improving the + timeliness and thoroughness of test and evaluation outcomes. + SEC. 879. ALIGNMENT OF THE DEPARTMENT OF DEFENSE SMALL BUSINESS + INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS TECHNOLOGY + TRANSFER PROGRAM WITH THE NATIONAL DEFENSE SCIENCE AND TECHNOLOGY + STRATEGY. + The Secretary of Defense and Secretaries of the military +departments shall, to the extent practicable, align the research topics +selected for activities conducted under the Small Business Innovation +Research Program and Small Business Technology Transfer Program (as +defined under section 9 of the Small Business Act (15 U.S.C. 638)) with +the National Defense Science and Technology Strategy developed under +section 218 of the John. S. McCain National Defense Authorization Act +for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1679). + SEC. 880. ASSISTANCE FOR SMALL BUSINESS CONCERNS PARTICIPATING IN + THE SBIR AND STTR PROGRAMS. + (a) Definition of Senior Procurement Executive.--Section 9(e) of +the Small Business Act (15 U.S.C. 638(e)) is amended-- + (1) in paragraph (12)(B), by striking ``and'' at the end; + (2) in paragraph (13)(B), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new paragraph: + ``(14) the term `senior procurement executive' means an + official designated under section 1702(c) of title 41, United + States Code, as the senior procurement executive of a Federal + agency participating in a SBIR or STTR program.''. + (b) Inclusion of Senior Procurement Executives in SBIR and STTR.-- + (1) In general.--Section 9(b) of the Small Business Act (15 + U.S.C. 638(b)) is amended-- + (A) in paragraph (8), by striking ``and'' at the end; + (B) in paragraph (9), by striking the period at the end and + inserting ``; and''; and + (C) by adding at the end the following new paragraph: + ``(10) to consult, where appropriate, with personnel from the + relevant Federal agency to assist small business concerns + participating in a SBIR or STTR program with commercializing + research developed under such a program before such small business + concern is awarded a contract from such Federal agency.''. + (2) Technical amendment.--Section 9(b)(3) of the Small Business + Act (15 U.S.C. 638(b)(3)) is amended by striking ``and'' at the + end. + (c) Modifications Relating to Procurement Center Representatives +and Other Acquisition Personnel.-- + (1) SBIR amendment.--Section 9(j) of the Small Business Act (15 + U.S.C. 638(j)) is amended by adding at the end the following new + paragraph: + ``(4) Modifications relating to procurement center + representatives.--Upon the enactment of this paragraph, the + Administrator shall modify the policy directives issued pursuant to + this subsection to require procurement center representatives (as + described in section 15(l)) to consult with the appropriate + personnel from the relevant Federal agency, to assist small + business concerns participating in the SBIR program, particularly + in Phase III.''. + (2) STTR amendment.--Section 9(p)(2) of the Small Business Act + (15 U.S.C. 638(p)(2)) is amended-- + (A) in subparagraph (E)(ii), by striking ``and'' at the + end; + (B) in subparagraph (F), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following new subparagraph: + ``(G) procedures to ensure that procurement center + representatives (as described in section 15(l))-- + ``(i) consult with the appropriate personnel from the + relevant Federal agency, to assist small business concerns + participating in the STTR program, particularly in Phase + III; + ``(ii) provide technical assistance to such concerns to + submit a bid for an award of a Federal contract; and + ``(iii) consult with the appropriate personnel from the + relevant Federal agency in providing the assistance + described in clause (i).''. + (d) Amendment to Duties of Procurement Center Representatives.-- +Section 15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is +amended-- + (1) in subparagraph (I), by striking ``and'' at the end; + (2) by redesignating subparagraph (J) as subparagraph (K); and + (3) by inserting after subparagraph (I) the following new + subparagraph: + ``(J) consult with the appropriate personnel from the + relevant Federal agency, to assist small business concerns + participating in a SBIR or STTR program under section 9 with + Phase III;''. + (e) Amendment to the Duties of the Director of Small and +Disadvantaged Business Utilization for Federal Agencies.--Section 15(k) +of the Small Business Act (15 U.S.C. 644(k)) is amended-- + (1) in paragraph (19), by striking ``and'' at the end; + (2) in paragraph (20), by striking the period at the end and + inserting a semicolon; and + (3) by adding at the end the following new paragraph: + ``(21) shall consult with the appropriate personnel from the + relevant Federal agency to assist small business concerns + participating in a SBIR or STTR program under section 9 with + researching applicable solicitations for the award of a Federal + contract (particularly with the Federal agency that has a funding + agreement, as defined under section 9, with the concern) to market + the research developed by such concern under such SBIR or STTR + program.''. + SEC. 881. CYBERSECURITY TECHNICAL ASSISTANCE FOR SBIR AND STTR + PROGRAMS. + (a) In General.--The Secretary of Defense may enter into an +agreement with 1 or more vendors selected under section 9(q)(2) of the +Small Business Act (15 U.S.C. 638(q)(2)) to provide small business +concerns engaged in SBIR or STTR projects with cybersecurity technical +assistance, such as access to a network of cybersecurity experts and +engineers engaged in designing and implementing cybersecurity +practices. + (b) Amounts.--In carrying out subsection (a), the Secretary of +Defense may provide the amounts described under section 9(q)(3) of such +Act (15 U.S.C. 638(q)(3)) to a recipient that meets the eligibility +requirements under the such paragraph, if the recipient requests to +seek cybersecurity technical assistance from an individual or entity +other than a vendor selected as described in subsection (a). + SEC. 882. FUNDING FOR DEFENSE RESEARCH ACTIVITIES OF SMALL BUSINESS + CONCERNS. + Not later than March 1, 2020, the Secretary of Defense shall submit +to the congressional defense committees a report on funds or other +assistance made available to small business concerns (as defined under +section 3 of the Small Business Act (15 U.S.C. 632)) as prime +contractors for research, development, test, and evaluation activities, +in each of fiscal years 2017, 2018, and 2019 under any-- + (1) research, development, test, and evaluation programs of the + Department of Defense; + (2) Small Business Innovation Research programs of the + Department of Defense; + (3) Small Business Technology Transfer programs of the + Department of Defense; and + (4) other relevant activities of the Department of Defense. + SEC. 883. MODIFICATIONS TO BUDGET DISPLAY REQUIREMENTS FOR THE + DEPARTMENT OF DEFENSE SMALL BUSINESS INNOVATION RESEARCH PROGRAM + AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM. + Section 857 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1891) is +amended-- + (1) in subsection (a)-- + (A) by inserting ``Under Secretary of Defense (Comptroller) + and the'' before ``Under Secretary of Defense for Research and + Engineering''; and + (B) by striking ``a budget display'' and inserting ``one or + more budget displays''; + (2) in subsection (b), by striking ``The budget display'' and + inserting ``The budget displays''; and + (3) in subsection (d), by striking ``The budget display'' and + inserting ``The budget displays''. + SEC. 884. PILOT PROGRAM FOR DOMESTIC INVESTMENT UNDER THE SBIR + PROGRAM. + (a) In General.--Not later than 1 year after the date of the +enactment of this Act and subject to subsection (b), the Secretary of +Defense shall establish and administer a program to be known as the +``Domestic Investment Pilot Program'' under which the Secretary and the +service acquisition executive for each military department may make a +SBIR award under section 9(dd) of the Small Business Act (15 U.S.C. +638) to a small business concern without providing the written +determination described under paragraph (2) of such section 9(dd) if +such concern is-- + (1) exclusively owned by multiple United States-owned venture + capital operating companies, hedge funds, or private equity firms, + or + (2) majority-owned by multiple United States-owned venture + capital operating companies, hedge funds, or private equity firms, + if the minority foreign ownership of such concern is limited to + members of the national technology and industrial base as defined + under section 2500 of title 10, United States Code. + (b) Limitation.--During any fiscal year, the aggregate amount of +awards made under the Domestic Investment Pilot Program shall not +exceed an amount equal to 10 percent of the total amount that the +Secretary of Defense may award under section 9 of the Small Business +Act (15 U.S.C. 638) during such fiscal year. + (c) Evaluation Criteria.--In carrying out the Domestic Investment +Pilot Program, the Secretary of Defense may not use investment of +venture capital or investment from hedge funds or private equity firms +as a criterion for the award of contracts under the SBIR program or +STTR program. + (d) Annual Reporting.--The Secretary of Defense shall include as +part of each annual report required under section 9(b)(7) of the Small +Business Act (15 U.S.C. 638(b)(7)) information on the implementation of +the Domestic Investment Pilot Program with respect to the year covered +by the report, including-- + (1) the number of applications for participation received from + small business concerns; + (2) the number of awards made to small business concerns, + including an identification of such concerns; + (3) the extent to which a small business concern participant is + foreign-owned, including an identification of the foreign owners; + and + (4) an assessment of the effect of the Domestic Investment + Pilot Program on-- + (A) inducing additional venture capital, hedge fund, or + private equity funding of research as defined in section + 9(e)(5) of the Small Business Act (15 U.S.C. 638(e)(5)); + (B) substantially contributing to the mission of the + Department of Defense; and + (C) otherwise fulfilling the capital needs of small + business concerns for additional financing for SBIR projects. + (e) Notification.--The Secretary of Defense shall notify the Small +Business Administration of an award made under the Domestic Investment +Pilot Program not later than 30 days after such award is made. + (f) Termination.--The Domestic Investment Pilot Program established +under this section shall terminate on September 30, 2022. + (g) Definitions.--In this section: + (1) Military department; service acquisition executive.--The + terms ``military department'' and ``service acquisition executive'' + have the meanings given those terms, respectively, in section 101 + of title 10, United States Code. + (2) SBIR; sttr.--The terms ``SBIR'' and ``STTR'' have the + meanings given those terms, respectively, in section 9(e) of the + Small Business Act (15 U.S.C. 638(e)). + (3) Small business act definitions.--The terms ``small business + concern'', ``venture capital operating company'', ``hedge fund'', + and ``private equity firm'' have the meanings given those terms, + respectively, in section 3 of the Small Business Act (15 U.S.C. + 632). + + Subtitle H--Other Matters -SEC. 863. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE - UNMANNED AIRCRAFT SYSTEMS. - - (a) Prohibition on Agency Operation or Procurement.--The Secretary -of Defense may not operate or enter into or renew a contract for the -procurement of-- - (1) a covered unmanned aircraft system that-- - (A) is manufactured in a covered foreign country or - by an entity domiciled in a covered foreign country; - (B) uses flight controllers, radios, data - transmission devices, cameras, or gimbals manufactured - in a covered foreign country or by an entity domiciled - in a covered foreign country; - (C) uses a ground control system or operating - software developed in a covered foreign country or by - an entity domiciled in a covered foreign country; or - (D) uses network connectivity or data storage - located in or administered by an entity domiciled in a - covered foreign country; or - (2) a system manufactured in a covered foreign country or - by an entity domiciled in a covered foreign country for the - detection or identification of covered unmanned aircraft - systems. - (b) Exemption.--The Secretary of Defense is exempt from the -restriction under subsection (a) if the operation or procurement is for -the purposes of-- - (1) Counter-UAS surrogate testing and training; or - (2) intelligence, electronic warfare, and information - warfare operations, testing, analysis, and training. - (c) Waiver.--The Secretary of Defense may waive the restriction -under subsection (a) on a case by case basis by certifying in writing -to the congressional defense committees that the operation or -procurement is required in the national interest of the United States. - (d) Definitions.--In this section: - (1) Covered foreign country.--The term ``covered foreign - country'' means the People's Republic of China. - (2) Covered unmanned aircraft system.--The term ``covered - unmanned aircraft system'' means an unmanned aircraft system - and any related services and equipment. - -SEC. 864. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS - OPERATIONS WITH THE MADURO REGIME. - - (a) Prohibition.--Except as provided under subsections (c), (d), -and (e), the Department of Defense may not enter into a contract for -the procurement of goods or services with any person that has business -operations with an authority of the Government of Venezuela that is not -recognized as the legitimate Government of Venezuela by the United -States Government. - (b) Definitions.--In this section: - (1) Business operations.--The term ``business operations'' - means engaging in commerce in any form, including acquiring, - developing, maintaining, owning, selling, possessing, leasing, - or operating equipment, facilities, personnel, products, - services, personal property, real property, or any other - apparatus of business or commerce. - (2) Government of venezuela.--(A) The term ``Government of - Venezuela'' includes the government of any political - subdivision of Venezuela, and any agency or instrumentality of - the Government of Venezuela. - (B) For purposes of subparagraph (A), the term ``agency or - instrumentality of the Government of Venezuela'' means an - agency or instrumentality of a foreign state as defined in - section 1603(b) of title 28, United States Code, with each - reference in such section to ``a foreign state'' deemed to be a - reference to ``Venezuela''. - (3) Person.--The term ``person'' means-- - (A) a natural person, corporation, company, - business association, partnership, society, trust, or - any other nongovernmental entity, organization, or - group; - (B) any governmental entity or instrumentality of a - government, including a multilateral development - institution (as defined in section 1701(c)(3) of the - International Financial Institutions Act (22 U.S.C. - 262r(c)(3))); and - (C) any successor, subunit, parent entity, or - subsidiary of, or any entity under common ownership or - control with, any entity described in subparagraph (A) - or (B). - (c) Exceptions.-- - (1) In general.--The prohibition under subsection (a) does - not apply to a contract that the Secretary of Defense - determines-- - (A) is necessary-- - (i) for purposes of providing humanitarian - assistance to the people of Venezuela; - (ii) for purposes of providing disaster - relief and other urgent life-saving measures; - (iii) to carry out noncombatant - evacuations; or - (iv) to carry out stabilization activities; - or - (B) is vital to the national security interests of - the United States. - (2) Notification requirement.--The Secretary of Defense - shall notify the congressional defense committees of any - contract entered into on the basis of an exception provided for - under paragraph (1). - (d) Office of Foreign Assets Control Licenses.--The prohibition in -subsection (a) shall not apply to a person that has a valid license to -operate in Venezuela issued by the Office of Foreign Assets Control. - (e) American Diplomatic Mission in Venezuela.--The prohibition in -subsection (a) shall not apply to contracts related to the operation -and maintenance of the United States Government's consular offices and -diplomatic posts in Venezuela. - (f) Applicability.--This section shall apply with respect to any -contract entered into on or after the date of the enactment of this -section. - -SEC. 865. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON DEPARTMENT - OF DEFENSE EFFORTS TO COMBAT HUMAN TRAFFICKING THROUGH - PROCUREMENT PRACTICES. - + SEC. 885. REVIEW OF GUIDANCE TO CONTRACTORS ON NONDISCRIMINATION ON + THE BASIS OF SEX. + (a) Review.--Not later than 180 days after the date of the +enactment of this Act, the Under Secretary of Defense for Acquisition +and Sustainment, serving as the senior procurement executive for the +Department of Defense pursuant to section 133b(b)(4)(B) of title 10, +United States Code, shall conduct a review of the implementation of the +requirement for Government contracting agencies under Executive Order +11246 (42 U.S.C. 2000e note) relating to expectations of contractors +and subcontractors to ensure nondiscrimination on the basis of sex. + (b) Elements.--The review required under subsection (a) shall, at a +minimum, consider-- + (1) existing contracting processes and tools for oversight of + contracts, including contractor responsibility determinations and + documentation of performance; and + (2) the extent to which best practices for contractors and + subcontractors identified in the appendix to part 60-20 of title 41 + of the Code of Federal Regulations, such as establishing and + implementing procedures for handling and resolving complaints about + harassment and intimidation based on sex, have been incorporated in + Department policies and procedures. + (c) Updated Training Guidance.--Not later than 180 days after the +date of the completion of the review required under subsection (a), the +Under Secretary of Defense for Acquisition and Sustainment shall update +any relevant training guidance for the acquisition workforce to account +for the conclusions of the review. + (d) Briefing Required.--Not later than December 15, 2020, the +Secretary of Defense shall brief the congressional defense committees +on the review required under subsection (a), which shall include any +updates to training guidance or contracting procedures resulting from +the review. + SEC. 886. COMPTROLLER GENERAL REPORT ON CONTRACTOR VIOLATIONS OF + CERTAIN LABOR LAWS. + Not later than 180 days after the date of the enactment of this +Act, the Comptroller General of the United States shall submit a report +to Congress on the number of contractors-- + (1) that performed a contract with the Department of Defense + during the five-year period preceding the date of the enactment of + this Act; and + (2) that have been found by the Department of Labor to have + committed willful or repeat violations of the Occupational Safety + and Health Act of 1970 (29 U.S.C. 651 et seq.) or the Fair Labor + Standards Act of 1938 (29 U.S.C. 201 et seq.), and the nature of + the violations committed. + SEC. 887. COMPTROLLER GENERAL REPORT ON CONTINGENCY CONTRACTING. + Not later than one year after the date of the enactment of this +Act, the Comptroller General of the United States shall submit to the +congressional defense committees a report on the use of contractors to +perform work supporting contingency operations, including the +logistical support for such operations, since January 1, 2009. Such +report shall include-- + (1) an evaluation of the nature and extent to which the + Department of Defense has used contractors to perform such work, + including the type of operation or exercise, the functions + performed by a contractor, the place of performance, and contract + obligations; + (2) an evaluation of the processes for tracking and reporting + on the use of such contractors; + (3) an evaluation of the extent to which recommendations made + by the Wartime Contracting Commission established in section 841 of + the National Defense Authorization Act for Fiscal Year 2008 (Public + Law 110-181; 122 Stat. 230) have been implemented in policy, + guidance, education and training, as appropriate; and + (4) any other issues the Comptroller General determines to be + appropriate. + SEC. 888. POLICIES AND PROCEDURES FOR CONTRACTORS TO REPORT GROSS + VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall update Department +of Defense policy and guidance and the Department of Defense Supplement +to the Federal Acquisition Regulation to provide specific guidance to +Department of Defense employees and contractors performing a Department +of Defense contract that supports United States Armed Forces deployed +outside of the United States on monitoring and reporting allegations of +gross violations of internationally recognized human rights. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, with the concurrence +of the Secretary of State, shall submit to the appropriate +congressional committees a report that describes-- + (1) the policies and procedures in place to obtain information + about possible cases of gross violations of internationally + recognized human rights from Department of Defense contractors + described in subsection (a), including the methods for tracking + cases; and + (2) the resources needed to investigate reports made pursuant + to subsection (a). + (c) Form of Report.--The report required by subsection (b) shall be +submitted in unclassified form, but may include a classified annex. + (d) Definitions.--In this section: + (1) Appropriate congressional committees.--the term + ``appropriate congressional committees'' means-- + (A) the congressional defense committees; and + (B) the Committee on Foreign Relations of the Senate and + the Committee on Foreign Affairs of the House of + Representatives. + (2) Gross violations of internationally recognized human + rights.--The term ``gross violations of internationally recognized + human rights'' has the meaning given such term in subsection (d)(1) + of section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. + 2304). + SEC. 889. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF CONTRACTORS + PROVIDING PRIVATE SECURITY FUNCTIONS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States -shall submit to the appropriate congressional committees a report on -Department of Defense efforts to combat human trafficking. +shall submit to the congressional defense committees a report on +efforts of the Secretary of Defense to improve the oversight of +contractors providing private security functions to fulfill non-combat +requirements for security in contingency operations, humanitarian +operations, peacekeeping operations, or other similar operations or +exercises since January 1, 2009. (b) Elements.--The report required under subsection (a) shall evaluate-- - (1) the efforts of the Department of Defense to combat - human trafficking in its contracting and supply chain policy, - regulation, and practices, to include implementation of title - XVII of the National Defense Authorization Act for Fiscal Year - 2013 (Public Law 112-239; 126 Stat. 2092) and Executive Order - 13627 (77 Fed. Reg. 60029), as well as the nature and extent of - training for Department of Defense contract officers on how to - evaluate compliance plans, monitor contractor adherence to the - plans, and respond to reports of noncompliance; - (2) the role of the current trafficking in person's office - within the Department of Defense in helping the Department - address all forms of human trafficking, and what, if any, - improvements should be made to the office; - (3) the process used by contract officers to evaluate - compliance plans with regards to preventing human trafficking; + (1) the nature and extent to which the Department of Defense + has used contractors to perform private security functions + described under subsection (a), including the type of operation or + exercise, the functions performed by a contractor, the place of + performance, and contract obligations; + (2) the processes for tracking and reporting on the use of such + contractors; + (3) changes to law, regulation, and policy on the use of such + contractors and how the Secretary has implemented such changes, + including-- + (A) the Montreux Document on Pertinent International Legal + Obligations and Good Practices for States Related to Operations + of Private Military and Security Companies During Armed + Conflict (published on May 2, 2011); + (B) using standards for such contractors issued by the + American National Standards Institute and the International + Organization for Standardization; and + (C) using other associated accreditation and certification + standards for such contractors; and + (4) the oversight outcomes of the Department due to + implementing the processes described in paragraph (2) and the + changes described in paragraph (3), including-- + (A) progress with certification and accreditation of + companies; + (B) the use of the maturity model of the Department to + assess contractors; and + (C) the nature and extent of referrals for suspension and + debarment and the number of suspensions and debarments that + have resulted from such referrals. + (c) Form of Report.--The report required by subsection (a) shall be +submitted in unclassified form, to the maximum extent possible, but may +contain a classified annex, if necessary. + SEC. 890. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE + BUSINESS OPERATIONS WITH THE MADURO REGIME. + (a) Prohibition.--Except as provided under subsections (c), (d), +and (e), the Department of Defense may not enter into a contract for +the procurement of goods or services with any person that has business +operations with an authority of the Government of Venezuela that is not +recognized as the legitimate Government of Venezuela by the United +States Government. + (b) Exceptions.-- + (1) In general.--The prohibition under subsection (a) does not + apply to a contract that the Secretary of Defense and the Secretary + of State jointly determine-- + (A) is necessary-- + (i) for purposes of providing humanitarian assistance + to the people of Venezuela; + (ii) for purposes of providing disaster relief and + other urgent life-saving measures; or + (iii) to carry out noncombatant evacuations; or + (B) is vital to the national security interests of the + United States. + (2) Notification requirement.--The Secretary of Defense shall + notify the congressional defense committees, the Committee on + Foreign Affairs of the House of Representatives, and the Committee + on Foreign Relations of the Senate of any contract entered into on + the basis of an exception provided for under paragraph (1). + (c) Office of Foreign Assets Control Licenses.--The prohibition in +subsection (a) shall not apply to a person that has a valid license to +operate in Venezuela issued by the Office of Foreign Assets Control of +the Department of the Treasury. + (d) American Diplomatic Mission in Venezuela.--The prohibition in +subsection (a) shall not apply to contracts related to the operation +and maintenance of the United States Government's consular offices and +diplomatic posts in Venezuela. + (e) Definitions.--In this section: + (1) Business operations.--The term ``business operations'' + means engaging in commerce in any form, including acquiring, + developing, maintaining, owning, selling, possessing, leasing, or + operating equipment, facilities, personnel, products, services, + personal property, real property, or any other apparatus of + business or commerce. + (2) Government of venezuela.--The term ``Government of + Venezuela'' includes the government of any political subdivision of + Venezuela, and any agency or instrumentality of the Government of + Venezuela. For purposes of this paragraph, the term ``agency or + instrumentality of the Government of Venezuela'' means an agency or + instrumentality of a foreign state as defined in section 1603(b) of + title 28, United States Code, with each reference in such section + to ``a foreign state'' deemed to be a reference to ``Venezuela''. + (3) Person.--The term ``person'' means-- + (A) a natural person, corporation, company, business + association, partnership, society, trust, or any other + nongovernmental entity, organization, or group; + (B) any governmental entity or instrumentality of a + government, including a multilateral development institution + (as defined in section 1701(c)(3) of the International + Financial Institutions Act (22 U.S.C. 262r(c)(3))); and + (C) any successor, subunit, parent entity, or subsidiary + of, or any entity under common ownership or control with, any + entity described in subparagraph (A) or (B). + (f) Applicability.--This section shall apply with respect to any +contract entered into on or after the date of the enactment of this +section. + SEC. 891. REPORT ON THE COMBATING TRAFFICKING IN PERSONS + INITIATIVE. + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report containing an analysis of the progress of the +Department of Defense in implementing the Combating Trafficking in +Persons initiative described in Department of Defense Instruction +2200.01 (published February 2007; revised on June 21, 2019). + SEC. 892. IMPROVED MANAGEMENT OF INFORMATION TECHNOLOGY AND + CYBERSPACE INVESTMENTS. + (a) Improved Management.-- + (1) In general.--The Chief Information Officer of the + Department of Defense shall work with the Chief Data Officer of the + Department of Defense to optimize the Department's process for + accounting for, managing, and reporting its information technology + and cyberspace investments. The optimization should include + alternative methods of presenting budget justification materials to + the public and congressional staff to more accurately communicate + when, how, and with what frequency capability is delivered to end + users, in accordance with best practices for managing and reporting + on information technology investments. + (2) Briefing.--Not later than February 3, 2020, the Chief + Information Officer of the Department of Defense shall brief the + congressional defense committees on the process optimization + undertaken pursuant to paragraph (1), including any recommendations + for legislation. + (b) Delivery of Information Technology Budget.--The Secretary of +Defense shall submit to the congressional defense committees the +Department of Defense budget request for information technology not +later than 15 days after the submittal to Congress of the budget of the +President for a fiscal year pursuant to section 1105 of title 31, +United States Code. + SEC. 893. MODIFICATION TO REQUIREMENTS FOR PURCHASE OF COMMERCIAL + LEASING SERVICES PURSUANT TO MULTIPLE AWARD CONTRACTS. + (a) Repeal.--Section 877 of the John S. McCain National Defense +Authorization Act For Fiscal Year 2019 (Public Law 115-232; 132 Stat. +1907; 41 U.S.C. 3302 note) is repealed. + (b) Exemption for Commercial Leasing Services.-- + (1) In general.--Section 3302 of title 41, United States Code, + is amended by adding at the end the following new subsection: + ``(f) Commercial Leasing Services.--The regulations required by +subsection (b) shall not apply to individual purchases for commercial +leasing services that are made on a no cost basis and made under a +multiple award contract awarded in accordance with the requirements for +full and open competition.''. + (2) Termination.--Effective December 31, 2025, subsection (f) + of section 3302 of title 41, United States Code, as added by + paragraph (1), is repealed. + (c) Audit.--The Comptroller General of the United States shall-- + (1) conduct an audit not later than the last day of fiscal year + 2021, 2023, and 2025 analyzing the National Broker Contract program + of the General Services Administration to determine-- + (A) whether brokers selected under the program provide + lower lease rental rates than rates negotiated by employees of + the General Services Administration; and + (B) the impact of the program on the length of time of + lease procurements; + (2) conduct a review of whether the application of section 863 + of the Duncan Hunter National Defense Authorization Act for Fiscal + Year 2009 (Public Law 110-417; 122 Stat.4547) resulted in rental + cost savings for the Government during the years in which such + section was applicable; and + (3) not later than September 30, 2022, and September 30, 2024, + submit to the Committee on Transportation and Infrastructure of the + House of Representatives and the Committee on Environment and + Public Works of the Senate a report that-- + (A) summarizes the results of the most recent audit + required under paragraph (1) and the review required by + paragraph (2); + (B) includes an assessment of whether the National Broker + Contract program provides greater efficiencies and savings than + the use of employees of the General Services Administration; and - (4) how many instances of human trafficking have been - reported to the Inspector General of the Department of Defense - and the outcome of those cases. - (c) Appropriate Congressional Committees Defined.--In this section -, the term ``appropriate congressional committees'' means-- - (1) the Committee on Armed Services and the Committee on - the Judiciary of the Senate; and - (2) the Committee on Armed Services and the Committee on - the Judiciary of the House of Representatives. + (C) includes recommendations for improving General Services + Administration lease procurements. TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A--Office of the Secretary of Defense and Related Matters -SEC. 901. HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF DEFENSE MATTERS. +Sec. 901. Headquarters activities of the Department of Defense matters. +Sec. 902. Clarifying the roles and responsibilities of the Under + Secretary of Defense for Acquisition and Sustainment and the + Under Secretary of Defense for Research and Engineering. +Sec. 903. Return to Chief Information Officer of the Department of + Defense of responsibility for business systems and related + matters. +Sec. 904. Assessments of responsibilities and authorities of the Chief + Management Officer of the Department of Defense. +Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal + Cyber Advisor. +Sec. 906. Exclusion from limitations on personnel in the Office of the + Secretary of Defense and Department of Defense headquarters of + fellows appointed under the John S. McCain Defense Fellows + Program. + + Subtitle B--Organization and Management of Other Department of Defense + Offices and Elements - (a) Assessment and Reform of Enterprise Business Operations.-- -Subsection (b) of section 921 of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. -2222 note) is amended to read as follows: - ``(b) Assessment and Reform of Enterprise Business Operations.-- - ``(1) Periodic assessments and actions.--Not later than - January 1, 2020, and not less frequently than once every five - years thereafter, the Secretary of Defense shall, acting - through the Chief Management Officer of the Department of - Defense-- - ``(A) assess enterprise business operations of the - Department of Defense across all organizations and - elements of the Department; and - ``(B) take or direct the taking of such actions as - will minimize the duplication of efforts and maximize - efficiency and effectiveness in mission execution. - ``(2) CMO reports.--Not later than January 1 of every fifth - calendar year beginning with January 1, 2025, the Chief - Management Officer shall submit to the congressional defense - committees a report that describes the assessments carried out - and the actions taken by the Chief Management Officer, and by - other officers or employees of the Department at the direction - of the Chief Management Office, under this subsection during - the preceding five years, including the following: - ``(A) A description of the metrics for performance - relating to minimization of duplication of efforts and - maximization of efficiency and effectiveness in mission - execution established for applicable organizations and - elements of the Department. - ``(B) A certification of any costs avoided or cost - savings achieved as a result of such assessments and - actions.''. - (b) Report on Military and Civilian Personnel for the NGB and -National Guard Joint Staff.--Not later than January 1, 2020, the -Secretary of Defense shall submit to the congressional defense -committees a report setting forth the following: - (1) The total number of members of the Armed Forces and - civilian employees of the Department of Defense assigned to the - Office of the Chief of the National Guard Bureau and the - National Guard Joint Staff. - (2) A recommendation for the total number of members and - employees required for the Office of the Chief of the National - Guard Bureau and the National Guard Joint Staff to execute the - missions and functions of the National Guard Bureau and the - National Guard Joint Staff. - (c) Repeal of Superseded Limitations.--The following provisions are -repealed: - (1) Section 601 of the Goldwater-Nichols Department of - Defense Reorganization Act of 1986 (10 U.S.C. 194 note). - (2) Section 1111 of the Duncan Hunter National Defense - Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 note). - (d) Modification of Limitations on Number of Personnel in OSD and +Sec. 911. Codification of Assistant Secretaries for Energy, + Installations, and Environment of the Army, Navy, and Air + Force. + + Subtitle C--Other Department of Defense Organization and Management + Matters + +Sec. 921. Prohibition on ownership or trading of stocks in certain + companies by certain officials of the Department of Defense. +Sec. 922. Limitation on consolidation of Defense Media Activity. +Sec. 923. Report on resources to implement the civilian casualty policy + of the Department of Defense. + + Subtitle D--United States Space Force + +Sec. 951. Short title. +Sec. 952. The Space Force. +Sec. 953. Chief of Space Operations. +Sec. 954. Space Force Acquisition Council. +Sec. 955. Assistant Secretary of Defense for Space Policy. +Sec. 956. Assistant Secretary of the Air Force for Space Acquisition and + Integration. +Sec. 957. Service Acquisition Executive of the Department of the Air + Force for Space Systems and Programs. +Sec. 958. Conforming amendments and clarification of authorities. +Sec. 959. Effects on military installations. +Sec. 960. Availability of funds. +Sec. 961. Implementation. + + Subtitle A--Office of the Secretary of Defense and Related Matters + + SEC. 901. HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF DEFENSE + MATTERS. + (a) Modification of Limitations on Number of Personnel in OSD and Other DoD Headquarters.-- - (1) OSD.--Section 143 of title 10, United States Code, is - amended-- - (A) in subsection (a), by striking ``3,767'' and - inserting ``4,000''; and - (B) in subsection (b), by striking ``, civilian, - and detailed personnel'' and inserting ``and civilian - personnel''. - (2) Joint staff.-- - (A) In general.--Section 155(h) of such title is - amended-- - (i) in paragraph (1), by striking ``2,069'' - and inserting ``2,250''; and - (ii) in paragraph (2), by striking - ``1,500'' and inserting ``1,600''. - (B) Effective date.--The amendments made by - subparagraph (A) shall take effect on December 31, - 2019, immediately after the coming into effect of the - amendment made by section 903(b) of the National - Defense Authorization Act for Fiscal Year 2017 (Public - Law 114-328; 130 Stat. 2344), to which such amendments - relate - (3) Office of secretary of the army.--Section 7014(f) of - title 10, United States Code, is amended-- - (A) in paragraph (1), by striking ``3,105'' and - inserting ``3,250''; and - (B) in paragraph (2), by striking ``1,865'' and - inserting ``1,900''. - (4) Office of secretary of the navy.--Section 8014(f) of - such title is amended-- - (A) in paragraph (1), by striking ``2,866'' and - inserting ``3,000''; and - (B) in paragraph (2), by striking ``1,720'' and - inserting ``1,800''. - (5) Office of secretary of the air force.--Section 9014(f) - of such title is amended-- - (A) in paragraph (1), by striking ``2,639'' and - inserting ``2,750''; and - (B) in paragraph (2), by striking ``1,585'' and - inserting ``1,650''. - (e) Sunset of Reduction in Funding for DoD Headquarters, + (1) OSD.--Section 143 of title 10, United States Code, is + amended-- + (A) in subsection (a), by striking ``3,767'' and inserting + ``4,300''; and + (B) in subsection (b), by striking ``, civilian, and + detailed personnel'' and inserting ``and civilian personnel''. + (2) Joint staff.-- + (A) In general.--Section 155(h)(1) of such title is amended + by striking ``2,069'' and inserting ``2,250''. + (B) Effective date.--The amendment made by subparagraph (A) + shall take effect on December 31, 2019, immediately after the + coming into effect of the amendment made by section 903(b) of + the National Defense Authorization Act for Fiscal Year 2017 + (Public Law 114-328; 130 Stat. 2344), to which such amendments + relate + (3) Office of secretary of the army.--Section 7014(f) of title + 10, United States Code, is amended-- + (A) in paragraph (1), by striking ``3,105'' and inserting + ``3,250''; and + (B) in paragraph (2), by striking ``1,865'' and inserting + ``1,900''. + (4) Office of secretary of the navy.--Section 8014(f) of such + title is amended-- + (A) in paragraph (1), by striking ``2,866'' and inserting + ``3,150''; and + (B) in paragraph (2), by striking ``1,720'' and inserting + ``1,800''. + (5) Office of secretary of the air force.--Section 9014(f) of + such title is amended-- + (A) in paragraph (1), by striking ``2,639'' and inserting + ``2,750''; and + (B) in paragraph (2), by striking ``1,585'' and inserting + ``1,650''. + (b) Sunset of Reduction in Funding for DoD Headquarters, Administrative, and Support Activities.--Section 346 of the National -Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 111 note) is -amended by adding at the end the following new subsection: - ``(c) Sunset.--No action is required under this section with +Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 +U.S.C. 111 note) is amended by adding at the end the following new +subsection: + ``(d) Sunset.--No action is required under this section with respect to any fiscal year after fiscal year 2019.''. - -SEC. 902. RESPONSIBILITY OF UNDER SECRETARY OF DEFENSE FOR ACQUISITION - AND SUSTAINMENT FOR PROCUREMENT TECHNICAL ASSISTANCE - COOPERATIVE AGREEMENT PROGRAM. - - (a) In General.--Section 2411(3) of title 10, United States Code, -is amended by striking ``Secretary of Defense acting through the -Director of the Defense Logistics Agency'' and inserting ``Secretary of -Defense acting through the Under Secretary of Defense for Acquisition -and Sustainment''. - (b) Authority to Pay Administrative and Other Costs.--Section 2417 -of title 10, United States Code, is amended by striking ``Director of -the Defense Logistics Agency'' and inserting ``Under Secretary of -Defense for Acquisition and Sustainment''. - -SEC. 903. RETURN TO CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF - DEFENSE OF RESPONSIBILITY FOR BUSINESS SYSTEMS AND - RELATED MATTERS. - + SEC. 902. CLARIFYING THE ROLES AND RESPONSIBILITIES OF THE UNDER + SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT AND THE + UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING. + The laws of the United States are amended as follows: + (1) Section 129a(c)(3) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (2) Section 133a(b)(2) of title 10, United States Code, is + amended-- + (A) by striking ``prototyping,'' and inserting + ``appropriate prototyping activities,''; and + (B) by striking ``, including the allocation of resources + for defense research and engineering,''. + (3) Section 134(c) of title 10, United States Code, is amended + by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics,'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment, the Under Secretary of + Defense for Research and Engineering,''. + (4) Section 139 of title 10, United States Code, is amended-- + (A) in subsection (b), by striking ``and the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' each place it appears and inserting ``, the Under + Secretary of Defense for Acquisition and Sustainment, and the + Under Secretary of Defense for Research and Engineering''; and + (B) in subsections (c) and (h), by striking ``Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``Under Secretary of Defense for + Acquisition and Sustainment, the Under Secretary of Defense for + Research and Engineering,''. + (5) Section 139a(d)(6) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment, the Under Secretary of + Defense for Research and Engineering,''. + (6) Section 171(a) of title 10, United States Code, is + amended-- + (A) in paragraph (3), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; + (B) by redesignating paragraphs (9) through (13) as + paragraphs (12) through (16); + (C) by redesignating paragraphs (4) through (8) as + paragraphs (5) through (9), respectively; + (D) by inserting after paragraph (3) the following new + paragraph: + ``(4) the Under Secretary of Defense for Research and + Engineering;''; and + (E) by inserting after paragraph (9), as redesignated, the + following new paragraphs: + ``(10) the Deputy Under Secretary of Defense for Research and + Engineering; + ``(11) the Deputy Under Secretary of Defense for Acquisition + and Sustainment;''. + (7) Subsection (d)(1) of section 181 of title 10, United States + Code, is amended-- + (A) in subparagraph (C), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; + (B) by inserting after subparagraph (C) the following new + subparagraph: + ``(D) the Under Secretary of Defense for Research and + Engineering.''; and + (C) by redesignating paragraphs (D) through (G) as + paragraphs (E) through (H), respectively. + (8) Subsection (b)(2) of section 393 of title 10, United States + Code, is amended-- + (A) in subparagraph (B), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; + (B) by inserting after subparagraph (B) the following new + subparagraph: + ``(C) the Under Secretary of Defense for Research and + Engineering.''; and + (C) by redesignating subparagraphs (C) through (E) as + subparagraphs (D) through (F). + (9) Section 1111 of the National Defense Authorization Act for + Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1032; 10 U.S.C. 1701 + note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' each place such term + appears and inserting ``Under Secretary of Defense for Acquisition + and Sustainment''. + (10) Section 231 of the National Defense Authorization Act for + Fiscal Year 2008 (Public Law 110-181; 122 Stat. 45; 10 U.S.C. 1701 + note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (11) Section 1702 of title 10, United States Code, is amended-- + (A) in the section heading, by striking ``under secretary + of defense for acquisition, technology, and logistics'' and + inserting ``under secretary of defense for acquisition and + sustainment''; and + (B) by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (12) Section 807(a) of the Bob Stump National Defense + Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 + Stat. 2608; 10 U.S.C. 1702 note) is amended by striking ``Under + Secretary of Defense for Acquisition, Technology, and Logistics'' + and inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (13) Section 1705 of title 10, United States Code, is amended-- + (A) in subsection (c), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; + (B) in subsection (e)(3), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (C) in subsection (g)(2)(B), by striking ``Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (14) Section 803(c) of the National Defense Authorization Act + for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1825; 10 U.S.C. + 1705 note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (15) Section 1722 of title 10, United States Code, is amended-- + (A) in subsection (a), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in subsection (b)(2)(B), by striking ``Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (16) Section 1722a of title 10, United States Code, is + amended-- + (A) in subsection (a), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in subsection (e), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (17) Section 1722b(a) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (18) Section 1723 of title 10, United States Code, is amended-- + (A) in subsection (a)(3), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in subsection (b), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (19) Section 1725(e)(2) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (20) Section 1735(c)(1) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (21) Section 1737(c) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (22) Section 1741(b) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (23) Section 1746(a) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (24) Section 1748 of title 10, United States Code, is amended + by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (25) Section 2222 of title 10, United States Code, is amended-- + (A) in subsection (c)(2), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in subsection (f)(2)(B)(i), by striking ``Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (26) Section 217(a) of the National Defense Authorization Act + for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 770; 10 U.S.C. + 2222 note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment and Under + Secretary of Defense for Research and Engineering''. + (27) Section 882(b) of the Ike Skelton National Defense + Authorization Act for Fiscal Year 2011 (Public Law 111-383; 128 + Stat. 4308; 10 U.S.C. 2222 note) is amended by striking ``Under + Secretary of Defense for Acquisition, Technology, and Logistics'' + and inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (28) Section 2272 of title 10, United States Code, is amended + by striking ``Assistant Secretary of Defense for Research and + Engineering'' and inserting ``Under Secretary of Defense for + Research and Engineering''. + (29) Section 2275(a) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (30) Section 2279(d) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (31) Section 2279b of title 10, United States Code, is + amended-- + (A) in subsection (b)-- + (i) by redesignating paragraphs (3) through (10) as + paragraphs (4) through (11), respectively; + (ii) by striking paragraph (2); and + (iii) by inserting after paragraph (1) the following + new paragraphs: + ``(2) The Under Secretary of Defense for Research and + Engineering. + ``(3) The Under Secretary of Defense for Acquisition and + Sustainment.''; and + (B) in subsection (c) by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Research and + Engineering, the Under Secretary of Defense for Acquisition and + Sustainment,''. + (32) Section 898(a)(2) of the National Defense Authorization + Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2000; 10 + U.S.C. 2302 note) is amended by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' each place + such term appears and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (33) Section 804 of the National Defense Authorization Act for + Fiscal Year 2016 (Public Law 114-92; 129 Stat. 726; 10 U.S.C. 2302 + note) is amended-- + (A) in subsection (a), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in subsection (d)(1)(A), by striking ``Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``Deputy Secretary of Defense''. + (34) Section 852 of the Carl Levin and Howard P. ``Buck'' + McKeon National Defense Authorization Act for Fiscal Year 2015 + (Public Law 113-291; 130 Stat. 3458; 10 U.S.C. 2302 note) is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (35) Section 806 of the National Defense Authorization Act for + Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10 U.S.C. 2302 + note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' each place such term + appears and inserting ``Under Secretary of Defense for Acquisition + and Sustainment''. + (36) Section 843 of the National Defense Authorization Act for + Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10 U.S.C. 2302 + note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (37) Section 254(b) of the Duncan Hunter National Defense + Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 + Stat. 4402; 10 U.S.C. 2302 note) is amended by striking ``Under + Secretary of Defense for Acquisition, Technology, and Logistics'' + and inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (38) Section 802(d) of the Ronald W. Reagan National Defense + Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 + Stat. 2004; 10 U.S.C. 2302 note) is amended by striking ``Under + Secretary of Defense for Acquisition, Technology, and Logistics'' + each place such term appears and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (39) Section 2304 of title 10, United States Code, is amended + by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' each place such term appears and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (40) Section 806(b) of the Ike Skelton National Defense + Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 + Stat. 4260; 10 U.S.C. 2304 note) is amended by striking ``Under + Secretary of Defense for Acquisition, Technology, and Logistics'' + each place such term appears and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (41) Section 821(a) of the National Defense Authorization Act + for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 226; 10 U.S.C. + 2304 note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (42) Section 801(b)(2)(A) of the National Defense Authorization + Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 204; 10 + U.S.C. 2304 note) is amended by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and inserting + ``Under Secretary of Defense for Acquisition and Sustainment''. + (43) Section 817(e) of the John Warner National Defense + Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 + Stat. 2326; 10 U.S.C. 2304 note) is amended by striking ``Under + Secretary of Defense for Acquisition, Technology, and Logistics'' + and inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (44) Section 811(e)(1) of the National Defense Authorization + Act for Fiscal Year 2006 (Public Law 109-163; 120 Stat. 2326; 10 + U.S.C. 2304 note) is amended by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and inserting + ``Under Secretary of Defense for Acquisition and Sustainment''. + (45) Section 875 of the National Defense Authorization Act for + Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2310; 10 U.S.C. + 2305 note) is amended-- + (A) in subsection (b)(2), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; + (B) in subsection (c), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; + (C) in subsection (d), by striking ``The Under Secretary + for Acquisition, Technology, and Logistics'' and inserting + ``The Under Secretary of Defense for Research and + Engineering''; and + (D) in subsection (e) through (f), by striking ``Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (46) Section 888(b)(1) of the National Defense Authorization + Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2322; 10 + U.S.C. 2305 note) is amended by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and inserting + ``Under Secretary of Defense for Acquisition and Sustainment''. + (47) Section 829(b)(1) of the National Defense Authorization + Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2281; 10 + U.S.C. 2306 note) is amended by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and inserting + ``Under Secretary of Defense for Acquisition and Sustainment''. + (48) Section 2306b(i)(7) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (49) Section 2311(c) of title 10, United States Code, is + amended-- + (A) in paragraph (1), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in paragraph (2)(B), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (50) Section 2326(g) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (51) Section 2330 of title 10, United States Code, is amended-- + (A) in subsection (a)(1), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; + (B) in subsection (a)(3), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; + (C) in subsection (b)(2), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (D) in subsection (b)(3)(A), by striking ``Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (52) Section 882 of the National Defense Authorization Act for + Fiscal Year 2016 (Public Law 114-92; 129 Stat. 942; 10 U.S.C. 2330 + note) is amended in the matter preceding paragraph (1) by striking + ``Under Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (53) Section 2334 of title 10, United States Code, is amended + by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' each place such term appears and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (54) Section 2350a(b)(2) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics, and the Assistant Secretary of Defense + for Research and Engineering'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment, and the Under Secretary of + Defense for Research and Engineering''. + (55) Section 2359(b)(1) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Research and Engineering''. + (56) Section 2359b of title 10, United States Code, is + amended-- + (A) in subsection (a)(1), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Research and + Engineering''; and + (B) in subsection (l)(1), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Research and + Engineering''. + (57) Section 2375 of title 10, United States Code, is amended + by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' each place such term appears and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (58) Section 874(b)(1) of the National Defense Authorization + Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2310; 10 + U.S.C. 2375 note) is amended by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and inserting + ``Under Secretary of Defense for Acquisition and Sustainment''. + (59) Section 876 of the National Defense Authorization Act for + Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2311; 10 U.S.C. + 2377 note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (60) Section 855 of the National Defense Authorization Act for + Fiscal Year 2016 (Public Law 114-92; 129 Stat. 919; 10 U.S.C. 2377 + note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' each place such term + appears and inserting ``Under Secretary of Defense for Acquisition + and Sustainment''. + (61) Section 856(a)(2)(B) of the National Defense Authorization + Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 920; 10 + U.S.C. 2377 note) is amended by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and inserting + ``Under Secretary of Defense for Acquisition and Sustainment''. + (62) Section 2399(b)(3) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics,'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment, the Under Secretary of + Defense for Research and Engineering,''. + (63) Section 2419(a)(1) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (64) Section 826(e) of the National Defense Authorization Act + for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 908; 10 U.S.C. + 2430 note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (65) Section 827(e) of the National Defense Authorization Act + for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 909; 10 U.S.C. + 2430 note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (66) Section 811(b)(1) of the National Defense Authorization + Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1828; 10 + U.S.C. 2430 note) is amended by striking ``if the Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``if the service acquisition executive, in the case of a + major defense acquisition program of the military department, or + the Under Secretary of Defense for Acquisition and Sustainment, in + the case of a Defense-wide or Defense Agency major defense + acquisition program,''. + (67) Section 814 of the Duncan Hunter National Defense + Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 + Stat. 4528) is amended-- + (A) in subsection (b)(2)-- + (i) by redesignating subparagraphs (B) through (H) as + subparagraphs (C) through (I), respectively; + (ii) by striking subparagraph (A); and + (iii) by inserting before subparagraph (C), as + redesignated by clause (i), the following new + subparagraphs: + ``(A) The Office of the Under Secretary of Defense for + Research and Engineering. + ``(B) The Office of the Under Secretary of Defense for + Acquisition and Sustainment.''; and + (B) in subsection (c)(5), in the flush matter following + subparagraph (B), by striking ``the Under Secretary of Defense + for Acquisition, Technology, and Logistics certifies to the + congressional defense committees, and includes'' and inserting + ``the Under Secretary of Defense for Research and Engineering + and the Under Secretary of Defense for Acquisition and + Sustainment jointly certify to the congressional defense + committees, and include''. + (68) Section 801(a)(1) of the John Warner National Defense + Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 + Stat. 2312; 10 U.S.C. 2430 note) is amended by striking ``Under + Secretary of Defense for Acquisition, Technology, and Logistics'' + and inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (69) Section 1675 of the National Defense Authorization Act for + Fiscal Year 2016 (Public Law 114-92; 192 Stat. 1131; 10 U.S.C. 2431 + note) is amended-- + (A) in subsection (a), by striking ``The Under Secretary of + Defense for Acquisition, Technology, and Logistics and the Vice + Chairman of the Joint Chiefs of Staff, acting through the + Missile Defense Executive Board'' and inserting ``The Vice + Chairman of the Joint Chiefs of Staff and the chairman of the + Missile Defense Executive Board (pursuant to section 1681(c) of + the John S. McCain National Defense Authorization Act for + Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2162)), acting + through the Missile Defense Executive Board,''; and + (B) in subsection (b)(2), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``chairman of the Missile Defense Executive Board''. + (70) Section 2431a(b) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (71) Section 2435 of title 10, United States Code, is amended + by striking ``the Under Secretary of Defense for Acquisition, + Technology, and Logistics'' each place it appears and inserting + ``the Under Secretary of Defense for Acquisition and Sustainment''. + (72) Section 2438(b) of title 10, United States Code, is + amended-- + (A) in paragraph (1), by striking ``Under Secretary of + Defense for Acquisition, Technology and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in paragraph (2), by striking ``Under Secretary of + Defense for Acquisition, Technology and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (73) Section 2448b of title 10, United States Code, is amended + by striking subsections (a) and (b) and inserting the following new + subsections: + ``(a) In General.--With respect to a major defense acquisition +program, the Secretary of Defense shall conduct or approve independent +technical risk assessments-- + ``(1) before any decision to grant Milestone A approval for the + program pursuant to section 2366a of this title, that identifies + critical technologies and manufacturing processes that need to be + matured; and + ``(2) before any decision to grant Milestone B approval for the + program pursuant to section 2366b of this title, any decision to + enter into low-rate initial production or full-rate production, or + at any other time considered appropriate by the Secretary, that + includes the identification of any critical technologies or + manufacturing processes that have not been successfully + demonstrated in a relevant environment. + ``(b) Guidance.--The Secretary shall issue guidance and a framework +for the conduct, execution, and approval of independent technical risk +assessments.''. + (74) Section 2503(b) of title 10, United States Code, is + amended-- + (A) by striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``the + Under Secretary of Defense for Research and Engineering and the + Under Secretary of Defense for Acquisition and Sustainment''; + and + (B) by striking ``the Under Secretary shall'' and inserting + ``the Under Secretaries shall''. + (75) Section 2508(b) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (76) Section 2521 of title 10, United States Code, is amended-- + (A) in subsection (a), by striking ``The Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``The Under Secretary of Defense for Research and + Engineering''; + (B) in subsection (e)(4)(D), by striking ``Under Secretary + of Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Research and + Engineering''; and + (C) in subsection (e)(5), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Research and + Engineering''. + (77) Section 2533b(k)(2)(A) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (78) Section 2546 of title 10, United States Code, is amended-- + (A) in the heading of subsection (a), by striking ``Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''; + (B) in subsection (a), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (C) in subsection (b), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (79) Section 2548 of title 10, United States Code, is amended-- + (A) in subsection (a), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in subsection (c)(8), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''. + (80) Section 2902(b) of title 10, United States Code, is + amended-- + (A) in paragraph (1), by striking ``Office of the Assistant + Secretary of Defense for Research and Engineering'' and + inserting ``Office of the Under Secretary of Defense for + Research and Engineering''; and + (B) in paragraph (3), by striking ``Office of the Under + Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``Office of the Under Secretary of + Defense for Acquisition and Sustainment''. + (81) Section 2824(d) of the National Defense Authorization Act + for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2154; 10 U.S.C. + 2911 note) is amended by striking ``Under Secretary of Defense'' + and all that follows through ``Environment'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (82) Section 315(d) of the National Defense Authorization Act + for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1357; 10 U.S.C. + 2911 note) is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (83) Section 2926(e)(5)(D) of title 10, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary for + Defense for Acquisition and Sustainment''. + (84) Section 836(a)(2) of the National Defense Authorization + Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1508; 22 + U.S.C. 2767 note) is amended by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics, the Assistant + Secretary of Defense for Research,'' and inserting ``the Under + Secretary of Defense for Acquisition and Sustainment, the Under + Secretary of Defense for Research and Engineering,''. + (85) Section 105(d)(7)(M)(v) of the Trafficking Victims + Protection Act of 2000 (22 U.S.C. 7103(d)(7)(M)(v)) is amended by + striking ``Under Secretary of Defense for Acquisition, Technology, + and Logistics'' and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (86) Section 1126(a)(3) of title 31, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (87) Section 11319(d)(4) of title 40, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (88) Section 1302(b)(2)(A)(i) of title 41, United States Code, + is amended by striking ``Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``Under + Secretary of Defense for Acquisition and Sustainment''. + (89) Section 1311(b)(3) of title 41, United States Code, is + amended by striking ``Under Secretary of Defense for Acquisition, + Technology, and Logistics'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''. + (90) Section 7(a)(3) of the Strategic and Critical Materials + Stock Piling Act (50 U.S.C. 98f(a)(3)) is amended by striking + ``Under Secretary of Defense for Acquisition, Technology, and + Logistics'' and inserting ``Under Secretary of Defense for + Acquisition and Sustainment''. + (91) Section 1412 of the National Defense Authorization Act, + 1986 (50 U.S.C. 1521) is amended-- + (A) in subsection (f)(1), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in subsection (g)(2), by striking ``Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``Under Secretary of Defense for Acquisition and + Sustainment.''. + (92) Section 133b(b)(2) of title 10, United States Code, is + amended by inserting ``appropriate prototyping activities,'' after + ``development,''. + (93)(A) Section 5314 of title 5, United States Code, is amended + by inserting before the item relating to the Under Secretary of + Defense for Acquisition and Sustainment the following new item: + ``Under Secretary of Defense for Research and Engineering.''. + (B) Section 5313 of title 5, United States Code, is amended + by striking the item relating to the Under Secretary of Defense + for Research and Engineering. + (C) This paragraph shall have no force or effect until the + next date on which the Congress confirms an individual to serve + as the Under Secretary of Defense for Research and Engineering + after the date of enactment of this Act. + (94) Section 338 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 + Stat. 1728) is amended by striking ``the Under Secretary of Defense + for Acquisition, Technology, and Logistics'' and inserting ``the + Under Secretary of Defense for Acquisition and Sustainment''. + (95) Section 136(a)(1) of the National Defense Authorization + Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1317) is + amended by striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``the Under + Secretary of Defense for Acquisition and Sustainment''. + (96) Section 1652(a) of the National Defense Authorization Act + for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2609) is + amended by striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``the Under + Secretary of Defense for Research and Engineering''. + (97) Section 1689(d) of the National Defense Authorization Act + for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2631) is + amended by striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``the Under + Secretary of Defense for Research and Engineering''. + (98) Section 144 of the National Defense Authorization Act for + Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1325) is amended-- + (A) in subsection (a), by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and + inserting ``the Under Secretary of Defense for Acquisition and + Sustainment''; and + (B) in subsection (b)(4), by striking ``the Assistant + Secretary of Defense for Research and Engineering'' and + inserting ``the Under Secretary of Defense for Research and + Engineering''. + (99) Section 838(2)(B) of the National Defense Authorization + Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1509) is + amended by striking ``the Under Secretary of Defense for + Acquisition, Technology, and Logistics'' and inserting ``the Under + Secretary of Defense for Acquisition and Sustainment''. + (100) Section 802(a)(3)(C) of the National Defense + Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 + U.S.C. 2410p note) is amended by striking ``the Under Secretary of + Defense for Acquisition, Technology, and Logistics'' and inserting + ``the Under Secretary of Defense for Acquisition and Sustainment''. + SEC. 903. RETURN TO CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF + DEFENSE OF RESPONSIBILITY FOR BUSINESS SYSTEMS AND RELATED + MATTERS. (a) Return of Responsibility.-- - (1) In general.--Section 142(b)(1) of title 10, United - States Code, is amended by striking ``systems and'' each place - it appears in subparagraphs (A), (B), and (C). - (2) Conforming amendments to cmo authorities.--Section - 132a(b) of such title is amended-- - (A) in paragraph (2), by striking ``performance - measurement and management, and business information - technology management and improvement activities and - programs'' and inserting ``and performance measurement - and management activities and programs''; - (B) by striking paragraphs (4) and (5); and - (C) by redesignating paragraphs (6) and (7) as - paragraphs (4) and (5), respectively. + (1) In general.--Section 142(b)(1) of title 10, United States + Code, is amended by striking ``systems and'' each place it appears + in subparagraphs (A), (B), and (C). + (2) Conforming amendments to cmo authorities.--Section 132a(b) + of such title is amended-- + (A) in paragraph (2), by striking ``performance measurement + and management, and business information technology management + and improvement activities and programs'' and inserting ``and + performance measurement and management activities and + programs''; + (B) by striking paragraphs (4) and (5); and + (C) by redesignating paragraphs (6) and (7) as paragraphs + (4) and (5), respectively. (b) Chief Data Officer Responsibility for DoD Data Sets.-- - (1) In general.--In addition to any other functions and - responsibilities specified in section 3520(c) of title 44, - United States, Code, the Chief Data Officer of the Department - of Defense shall also be the official in the Department of - Defense with principal responsibility for providing for the - availability of common, usable, Defense-wide data sets. - (2) Access to all dod data.--In order to carry out the - responsibility specified in paragraph (1), the Chief Data - Officer shall have access to all Department of Defense data, - including data in connection with warfighting missions and - back-office data. - (3) Responsible to cio.--The Chief Data Officer shall - report directly to the Chief Information Officer of the - Department of Defense in the performance of the responsibility - specified in paragraph (1). - (4) Report.--Not later than December 1, 2019, the Secretary - of Defense shall submit to the Committees on Armed Services of - the Senate and the House of Representatives a report setting - forth such recommendations for legislative or administrative - action as the Secretary considers appropriate to carry out this - subsection. - -SEC. 904. SENIOR MILITARY ADVISOR FOR CYBER POLICY AND DEPUTY PRINCIPAL - CYBER ADVISOR. - + (1) In general.--In addition to any other functions and + responsibilities specified in section 3520(c) of title 44, United + States, Code, the Chief Data Officer of the Department of Defense + shall also be the official in the Department of Defense with + principal responsibility for providing for the availability of + common, usable, Defense-wide data sets. + (2) Access to all dod data.--In order to carry out the + responsibility specified in paragraph (1), the Chief Data Officer + shall have access to all Department of Defense data, including data + in connection with warfighting missions and back-office data. + (3) Responsible to cio.--The Chief Data Officer shall report + directly to the Chief Information Officer of the Department of + Defense in the performance of the responsibility specified in + paragraph (1). + (4) Report.--Not later than December 1, 2019, the Secretary of + Defense shall submit to the Committees on Armed Services of the + Senate and the House of Representatives a report setting forth such + recommendations for legislative or administrative action as the + Secretary considers appropriate to carry out this subsection. + SEC. 904. ASSESSMENTS OF RESPONSIBILITIES AND AUTHORITIES OF THE + CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE. + (a) In General.--The Secretary of Defense shall provide for the +conduct of two assessments of the implementation of the position of +Chief Management Officer of the Department of Defense pursuant to +section 132a of title 10, United States Code, as follows: + (1) Department of defense assessment.--An assessment conducted + by the Secretary or a designee of the Secretary. + (2) Independent assessment.--An assessment conducted by the + Defense Business Board or an appropriate number of individuals + selected by the Secretary from among individuals in academia or + academic institutions with expertise in public administration and + management. + (b) Assessment Elements.--Each assessment conducted pursuant to +subsection (a) shall include an assessment of the implementation of the +position of Chief Management Officer of the Department of Defense, +including and taking into account the following: + (1) The extent to which the position has been effective in + achieving the service, and exercising the powers and authorities, + specified in section 132a of title 10, United States Code + (2) The perspectives of the Under Secretaries of the military + departments on the matters described in paragraph (1) based on the + experiences of such Under Secretaries as the Chief Management + Officer of a military department + (3) The extent to which the ingrained organizational culture of + the Department of Defense poses fundamental structural challenges + for the position of Chief Management Officer of the Department, + irrespective of the individual appointed to the position. + (4) The observations of the Comptroller General of the United + States on progress and challenges during the prior 10 years in the + establishment of positions of Chief Management Officer in agencies + throughout the Executive Branch, including in the Department of + Defense and in other Federal agencies. + (5) An identification and comparison of best practices in the + private sector and the public sector for the responsibilities and + authorities of Chief Management Officers. + (6) An identification and assessment of differences in + responsibilities and authorities of the Chief Management Office of + the Department, the Chief Operating Officer of the Department of + Defense, and the Deputy Secretary of Defense. + (c) Modification of Responsibilities and Authorities.--The +Secretary shall identify such modifications, if any, to the +responsibilities and authorities of the Chief Management Officer of the +Department (whether specified in statute or otherwise) as the Secretary +considers appropriate in light of the assessments conducted pursuant to +subsection (a). In identifying any such modification, the Secretary +shall develop recommendations for such legislative action as the +Secretary considers appropriate to implement such modification. + (d) Report.--Not later than March 15, 2020, the Secretary shall +submit to the congressional defense committees a report on the +assessments conducted pursuant to subsection (a) and on any +modifications to the responsibilities and authorities of the Chief +Management Officer of the Department identified pursuant to subsection +(c). The report shall include the following: + (1) A description and the results of the assessment conducted + pursuant to subsection (a). + (2) Any modifications of the responsibilities and authorities + of the Chief Management Officer identified pursuant to subsection + (c), including recommendations developed for legislative action to + implement such recommendations and a proposed timeline for the + implementation of such recommendations. + SEC. 905. SENIOR MILITARY ADVISOR FOR CYBER POLICY AND DEPUTY + PRINCIPAL CYBER ADVISOR. (a) Advisor.-- - (1) In general.--The Under Secretary of Defense for Policy - shall, acting through the Joint Staff, designate an officer - within the Office of the Under Secretary of Defense for Policy - to serve within that Office as the Senior Military Advisor for - Cyber Policy, and concurrently, as the Deputy Principal Cyber - Advisor. - (2) Officers eligible for designation.--The officer - designated pursuant to this subsection shall be designated from - among commissioned regular officers of the Armed Forces in a - general or flag officer grade who are qualified for designation - (3) Grade.--The officer designated pursuant to this - subsection shall have the grade of major general or rear - admiral while serving in that position, without vacating the - officer's permanent grade. + (1) In general.--The Under Secretary of Defense for Policy + shall, acting through the Joint Staff, designate an officer within + the Office of the Under Secretary of Defense for Policy to serve + within that Office as the Senior Military Advisor for Cyber Policy, + and concurrently, as the Deputy Principal Cyber Advisor. + (2) Officers eligible for designation.--The officer designated + pursuant to this subsection shall be designated from among + commissioned regular officers of the Armed Forces in a general or + flag officer grade who are qualified for designation + (3) Grade.--The officer designated pursuant to this subsection + shall have the grade of major general or rear admiral (upper half) + while serving in that position, without vacating the officer's + permanent grade. (b) Scope of Positions.-- - (1) In general.--The officer designated pursuant to - subsection (a) is each of the following: - (A) The Senior Military Advisor for Cyber Policy to - the Under Secretary of Defense for Policy. - (B) The Deputy Principal Cyber Advisor to the Under - Secretary of Defense for Policy. - (2) Direction and control and reporting.--In carrying out - duties under this section, the officer designed pursuant to - subsection (a) shall be subject to the authority, direction, - and control of, and shall report directly to, the following: - (A) The Under Secretary with respect to Senior - Military Advisor for Cyber Policy duties. - (B) The Principal Cyber Advisor with respect to - Deputy Principal Cyber Advisor duties. + (1) In general.--The officer designated pursuant to subsection + (a) is each of the following: + (A) The Senior Military Advisor for Cyber Policy to the + Under Secretary of Defense for Policy. + (B) The Deputy Principal Cyber Advisor to the Secretary of + Defense. + (2) Direction and control and reporting.--In carrying out + duties under this section, the officer designed pursuant to + subsection (a) shall be subject to the authority, direction, and + control of, and shall report directly to, the following: + (A) The Under Secretary with respect to Senior Military + Advisor for Cyber Policy duties. + (B) The Principal Cyber Advisor with respect to Deputy + Principal Cyber Advisor duties. (c) Duties.-- - (1) Duties as senior military advisor for cyber policy.-- - The duties of the officer designated pursuant to subsection (a) - as Senior Military Advisor for Cyber Policy are as follows: - (A) To serve as the principal uniformed military - advisor on military cyber forces and activities to the - Under Secretary of Defense for Policy. - (B) To assess and advise the Under Secretary on - aspects of policy relating to military cyberspace - operations, resources, personnel, cyber force - readiness, cyber workforce development, and defense of - Department of Defense networks. - (C) To advocate, in consultation with the Joint - Staff, and senior officers of the Armed Forces and the - combatant commands, for consideration of military - issues within the Office of the Under Secretary of - Defense for Policy, including coordination and - synchronization of Department cyber forces and - activities. - (D) To maintain open lines of communication between - the Chief Information Officer of the Department of - Defense, senior civilian leaders within the Office of - the Under Secretary, and senior officers on the Joint - Staff, the Armed Forces, and the combatant commands on - cyber matters, and to ensure that military leaders are - informed on cyber policy decisions. - (2) Duties as deputy principal cyber advisor.--The duties - of the officer designated pursuant to subsection (a) as Deputy - Principal Cyber Advisor are as follows: - (A) To synchronize, coordinate, and oversee - implementation of the Cyber Strategy of the Department - of Defense and other relevant policy and planning. - (B) To advise the Secretary of Defense on cyber - programs, projects, and activities of the Department, - including with respect to policy, training, resources, - personnel, manpower, and acquisitions and technology. - (C) To oversee implementation of Department policy - and operational directives on cyber programs, projects, - and activities, including with respect to resources, - personnel, manpower, and acquisitions and technology. - (D) To assist in the overall supervision of - Department cyber activities relating to offensive - missions. - (E) To assist in the overall supervision of - Department defensive cyber operations, including - activities of component-level cybersecurity service - providers and the integration of such activities with - activities of the Cyber Mission Force. - (F) To advise senior leadership of the Department - on, and advocate for, investment in capabilities to - execute Department missions in and through cyberspace. - (G) To identify shortfalls in capabilities to - conduct Department missions in and through cyberspace, - and make recommendations on addressing such shortfalls - in the Program Budget Review process. - (H) To coordinate and consult with stakeholders in - the cyberspace domain across the Department in order to - identify other issues on cyberspace for the attention - of senior leadership of the Department. - (I) On behalf of the Principal Cyber Advisor, to - lead the cross-functional team established pursuant to - 932(c)(3) of the National Defense Authorization Act for - Fiscal Year 2014 (10 U.S.C. 2224 note) in order to - synchronize and coordinate military and civilian cyber - forces and activities of the Department. - -SEC. 905. LIMITATION ON TRANSFER OF STRATEGIC CAPABILITIES OFFICE. - - (a) Limitation.--The Under Secretary of Defense for Research and -Engineering may not transfer the Strategic Capabilities Office or -change the reporting structure of the Office, as in effect on the day -before the date of the enactment of this Act, until the Secretary of -Defense, acting through the Chief Management Officer and the Under -Secretary of Defense for Research and Engineering and in consultation -with the United States Indo-Pacific, Europe, and Special Operations -Command, submits the report required by subsection (b)(1). - (b) Report.-- - (1) In general.--The Secretary shall submit to the - congressional defense committees a report that evaluates the - following options for transferring the Office: - (A) Transferring the Office so that the Director of - the Office reports directly to the Under Secretary of - Defense for Acquisition and Sustainment. - (B) Maintaining the arrangement in effect on the - day before the date of the enactment of this Act such - that the Director continues to report to the Under - Secretary of Defense for Research and Engineering. - (C) Transferring the Office to the Defense Advanced - Research Projects Agency. - (D) Such other options as the Under Secretary may - identify. - (2) Contents.--The report submitted under paragraph (1) - shall include, for each option evaluated under such paragraph, - an evaluation of whether the option considered will provide - for-- - (A) responding to the critical needs of combatant - commanders; - (B) augmentation of cross-Department of Defense - efforts with respect to developing strategic - capabilities; - (C) developing new and innovative ways to counter - advanced threats; - (D) providing sound technical and program - management for activities of the Strategic Capabilities - Office; - (E) coordinating appropriately with other research - and technology development activities of the - Department; and - (F) partnering with and responding to senior - leadership across the Department. - -Subtitle B--Organization and Management of Other Department of Defense - Offices and Elements - -SEC. 911. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS FOR ENERGY, - INSTALLATIONS, AND ENVIRONMENT. - - (a) Assistant Secretary of the Army.--Section 7016(b) of title 10, -United States Code, is amended by adding at the end the following new -paragraph: - ``(6) One of the Assistant Secretaries shall be the Assistant -Secretary of the Army for Energy, Installations, and Environment.''. - (b) Assistant Secretary of the Navy.--Section 8016(b) of such title -is amended by adding at the end the following new paragraph: - ``(5) One of the Assistant Secretaries shall be the Assistant -Secretary of the Navy for Energy, Installations, and Environment.''. - (c) Assistant Secretary of the Air Force.--Section 9016(b) of such -title is amended by adding at the end the following new paragraph: - ``(5) One of the Assistant Secretaries shall be the Assistant -Secretary of the Air Force for Energy, Installations, and -Environment.''. - -SEC. 912. REPEAL OF CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE - DISPOSAL CORPS AS A BASIC BRANCH OF THE ARMY. - - Section 582 of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 131 Stat. 1415) is repealed, and the -amendment otherwise provided for by subsection (a) of that section -shall not be made. - - Subtitle C--Other Matters - -SEC. 921. EXCLUSION FROM LIMITATIONS ON PERSONNEL IN THE OFFICE OF THE - SECRETARY OF DEFENSE AND DEPARTMENT OF DEFENSE - HEADQUARTERS OF FELLOWS APPOINTED UNDER THE JOHN S. - MCCAIN DEFENSE FELLOWS PROGRAM. - + (1) Duties as senior military advisor for cyber policy.--The + duties of the officer designated pursuant to subsection (a) as + Senior Military Advisor for Cyber Policy are as follows: + (A) To serve as the principal uniformed military advisor on + military cyber forces and activities to the Under Secretary of + Defense for Policy. + (B) To assess and advise the Under Secretary on aspects of + policy relating to military cyberspace operations, resources, + personnel, cyber force readiness, cyber workforce development, + and defense of Department of Defense networks. + (C) To advocate, in consultation with the Joint Staff, and + senior officers of the Armed Forces and the combatant commands, + for consideration of military issues within the Office of the + Under Secretary of Defense for Policy, including coordination + and synchronization of Department cyber forces and activities. + (D) To maintain open lines of communication between the + Chief Information Officer of the Department of Defense, senior + civilian leaders within the Office of the Under Secretary, and + senior officers on the Joint Staff, the Armed Forces, and the + combatant commands on cyber matters, and to ensure that + military leaders are informed on cyber policy decisions. + (2) Duties as deputy principal cyber advisor.--The duties of + the officer designated pursuant to subsection (a) as Deputy + Principal Cyber Advisor are as follows: + (A) To synchronize, coordinate, and oversee implementation + of the Cyber Strategy of the Department of Defense and other + relevant policy and planning. + (B) To advise the Secretary of Defense on cyber programs, + projects, and activities of the Department, including with + respect to policy, training, resources, personnel, manpower, + and acquisitions and technology. + (C) To oversee implementation of Department policy and + operational directives on cyber programs, projects, and + activities, including with respect to resources, personnel, + manpower, and acquisitions and technology. + (D) To assist in the overall supervision of Department + cyber activities relating to offensive missions. + (E) To assist in the overall supervision of Department + defensive cyber operations, including activities of component- + level cybersecurity service providers and the integration of + such activities with activities of the Cyber Mission Force. + (F) To advise senior leadership of the Department on, and + advocate for, investment in capabilities to execute Department + missions in and through cyberspace. + (G) To identify shortfalls in capabilities to conduct + Department missions in and through cyberspace, and make + recommendations on addressing such shortfalls in the Program + Budget Review process. + (H) To coordinate and consult with stakeholders in the + cyberspace domain across the Department in order to identify + other issues on cyberspace for the attention of senior + leadership of the Department. + (I) On behalf of the Principal Cyber Advisor, to lead the + cross-functional team established pursuant to 932(c)(3) of the + National Defense Authorization Act for Fiscal Year 2014 (10 + U.S.C. 2224 note) in order to synchronize and coordinate + military and civilian cyber forces and activities of the + Department. + SEC. 906. EXCLUSION FROM LIMITATIONS ON PERSONNEL IN THE OFFICE OF + THE SECRETARY OF DEFENSE AND DEPARTMENT OF DEFENSE HEADQUARTERS + OF FELLOWS APPOINTED UNDER THE JOHN S. MCCAIN DEFENSE FELLOWS + PROGRAM. Section 932(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. -1935; 10 U.S.C. prec. 1580 note) is amended by adding at the end the +1938; 10 U.S.C. 1580 note prec.) is amended by adding at the end the following new sentence: ``An individual appointed pursuant to this paragraph shall not count against the limitation on the number of Office of the Secretary of Defense personnel in section 143 of title @@ -10416,225 +20289,946 @@ Office of the Secretary of Defense personnel in section 143 of title of personnel in headquarters of the Department that would otherwise apply to the office or headquarters to which appointed.''. -SEC. 922. REPORT ON RESOURCES TO IMPLEMENT THE CIVILIAN CASUALTY POLICY - OF THE DEPARTMENT OF DEFENSE. +Subtitle B--Organization and Management of Other Department of Defense + Offices and Elements - Not later than 30 days after the date of the enactment of this Act, -the Secretary of Defense shall submit to the congressional defense -committees a report, in unclassified form, on the resources necessary -over the period of the future-years defense plan for fiscal year 2020 -under section 221 of title United States Code, to fulfill the -requirements of section 936 of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232l 132 Stat. -1939; 10 U.S.C. 134 note) and fully implement policies developed as a -result of such section. + SEC. 911. CODIFICATION OF ASSISTANT SECRETARIES FOR ENERGY, + INSTALLATIONS, AND ENVIRONMENT OF THE ARMY, NAVY, AND AIR FORCE. + (a) Assistant Secretary of the Army.--Section 7016(b) of title 10, +United States Code, is amended by adding at the end the following new +paragraph: + ``(6)(A) One of the Assistant Secretaries shall be the Assistant +Secretary for Energy, Installations, and Environment. + ``(B) The principal duty of the Assistant Secretary for Energy, +Installations, and Environment shall be the overall supervision of +energy, installation, and environment matters for the Department of the +Army.''. + (b) Assistant Secretary of the Navy.--Section 8016(b) of title 10, +United States Code, is amended by adding at the end the following new +paragraph: + ``(5)(A) One of the Assistant Secretaries shall be the Assistant +Secretary for Energy, Installations, and Environment. + ``(B) The principal duty of the Assistant Secretary for Energy, +Installations, and Environment shall be the overall supervision of +energy, installation, and environment matters for the Department of the +Navy.''. + (c) Assistant Secretary of the Air Force.--Section 9016(b) of title +10, United States Code, is amended by adding at the end the following +new paragraph: + ``(5)(A) One of the Assistant Secretaries shall be the Assistant +Secretary for Energy, Installations, and Environment. + ``(B) The principal duty of the Assistant Secretary for Energy, +Installations, and Environment shall be the overall supervision of +energy, installation, and environment matters for the Department of the +Air Force.''. + + Subtitle C--Other Department of Defense Organization and Management + Matters + + SEC. 921. PROHIBITION ON OWNERSHIP OR TRADING OF STOCKS IN CERTAIN + COMPANIES BY CERTAIN OFFICIALS OF THE DEPARTMENT OF DEFENSE. + (a) In General.--Chapter 49 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 988. Prohibition on ownership or trading of stocks in certain + companies by certain officials of the Department of Defense + ``(a) Prohibition.--Except as provided in subsection (b), a covered +official of the Department of Defense may not own or purchase publicly +traded stock of a company if that company is one of the 10 entities +awarded the most amount of contract funds by the Department of Defense +in a fiscal year during the five preceding fiscal years. + ``(b) Exceptions.--This section shall not apply to the purchase or +ownership of a publicly traded stock of a company otherwise described +in subsection (a) as follows: + ``(1) If the aggregate market value of the holdings of the + covered official, and the spouse and minor children of the covered + official, in the stock of that company, both before and after + purchase (in the case of a purchase), does not exceed the de + minimis threshold established in section 2640.202(a)(2) of title 5, + Code of Federal Regulations. + ``(2) If the stock is purchased and owned as part of an + Excepted Investment Fund or mutual fund. + ``(c) Definitions.--In this section: + ``(1) The term `covered official of the Department of Defense' + means any of the following: + ``(A) A civilian appointed to a position in the Department + of Defense by the President, by and with the advice and consent + of the Senate. + ``(B) If serving in a key acquisition position (as + designated by the Secretary of Defense or the Secretary + concerned for purposes of this section), the following: + ``(i) A member of the armed forces in a grade above O- + 6. + ``(ii) A civilian officer or employee in a Senior + Executive Service, Senior-Level, or Scientific or + Professional position. + ``(2) The term `Excepted Investment Fund' means a widely-held + investment fund described in section 102(f)(8) of the Ethics in + Government Act of 1978 (5 U.S.C. App.).''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 49 of such title is amended by adding at the end the following +new item: + +``988. Prohibition on ownership or trading of stocks in certain + companies by certain officials of the Department of + Defense.''. + SEC. 922. LIMITATION ON CONSOLIDATION OF DEFENSE MEDIA ACTIVITY. + (a) Limitation.--The Secretary of Defense may not take any action +to consolidate the Defense Media Activity until a period of 60 days has +elapsed following the date on which the Secretary of Defense submits +the report required under subsection (b). + (b) Report Required.--The Secretary of Defense shall submit to the +congressional defense committees a report that includes the following: + (1) Any current or future plans to restructure, reduce, or + eliminate the functions, personnel, facilities, or capabilities of + the Defense Media Activity, including the timelines associated with + such plans. + (2) Any modifications that have been made, or that may be made, + to personnel compensation or funding accounts in preparation for, + or in response to, efforts to consolidate the Defense Media + Activity. + (3) Any contractual agreements that have been entered into to + consolidate or explore the consolidation of the Defense Media + Activity. + (4) Any Department of Defense directives or Administration + guidance relating to efforts to consolidate the Defense Media + Activity, including any directives or guidance intended to inform + or instruct such efforts. + (c) Consolidate Defined.--In this section, the term +``consolidate'', means any action to reduce the functions, personnel, +facilities, or capabilities of the Defense Media Activity. + SEC. 923. REPORT ON RESOURCES TO IMPLEMENT THE CIVILIAN CASUALTY + POLICY OF THE DEPARTMENT OF DEFENSE. + Not later than 30 days after the date of the enactment of this Act, +the Secretary of Defense shall submit to the congressional defense +committees a report, in unclassified form, on the resources necessary +over the period of the future-years defense plan for fiscal year 2020 +under section 221 of title 10, United States Code, to fulfill the +requirements of section 936 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +1939; 10 U.S.C. 134 note) and fully implement policies developed as a +result of such section. + + Subtitle D--United States Space Force + + SEC. 951. SHORT TITLE. + This subtitle may be cited as the ``United States Space Force +Act''. + SEC. 952. THE SPACE FORCE. + (a) Redesignation.--The Air Force Space Command is hereby +redesignated as the United States Space Force (USSF). + (b) Authority.--Title 10, United States Code, is amended-- + (1) in chapter 907 of part I of subtitle D, by redesignating + sections 9067, 9069, 9074, 9075, 9081, and 9084 as sections 9063, + 9064, 9065, 9066, 9067, and 9068, respectively; + (2) by adding at the end of such part the following new + chapter: + + ``CHAPTER 908--THE SPACE FORCE + +``Sec. +``9081. The United States Space Force. +``9082. Chief of Space Operations. +``9083. Officer career field for space.''; + + (3) by transferring section 2279c to chapter 908, as so added, + and redesignating such section as section 9081; and + (4) by amending such section 9081 to read as follows: +``Sec. 9081. The United States Space Force + ``(a) Establishment.--There is established a United States Space +Force as an armed force within the Department of the Air Force. + ``(b) Composition.--The Space Force shall be composed of the +following: + ``(1) The Chief of Space Operations. + ``(2) The space forces and such assets as may be organic + therein. + ``(c) Functions.--The Space Force shall be organized, trained, and +equipped to provide-- + ``(1) freedom of operation for the United States in, from, and + to space; and + ``(2) prompt and sustained space operations. + ``(d) Duties.--It shall be the duty of the Space Force to-- + ``(1) protect the interests of the United States in space; + ``(2) deter aggression in, from, and to space; and + ``(3) conduct space operations.''. + (c) Space Force as an Armed Force.--Section 101(a)(4) of title 10, +United States Code, is amended by inserting ``Space Force,'' after +``Marine Corps,''. + (d) Members.-- + (1) In general.--Effective as of the date of the enactment of + this Act, there shall be assigned to the Space Force such members + of the Air Force as the Secretary of the Air Force shall specify. + (2) No authorization of additional military billets.--The + Secretary shall carry out this subsection within military personnel + of the Air Force otherwise authorized by this Act. Nothing in this + subsection shall be construed to authorize additional military + billets for the purposes of, or in connection with, the + establishment of the Space Force. + (e) Officer Career Field for Space.--Section 9068 of title 10, +United States Code (as redesignated by subsection (b)(1)), is hereby +transferred to the end of chapter 908 of such title (as added by +subsection (b)(2)) and redesignated as section 9083. + (f) Tables of Chapters.--The tables of chapters at the beginning of +subtitle D of title 10, United States Code, and part I of such subtitle +are each amended by inserting after the item relating to chapter 907 +the following new item: + +``908. The Space Force..........................................9081.''. + + (g) Conforming Clerical Amendment to Chapter 907.--The table of +sections at the beginning of chapter 907 of title 10, United States +Code, is amended by striking the items relating to sections 9067, 9069, +9074, 9075, 9081, and 9084 and inserting the following new items: + +``9063. Designation: officers to perform certain professional functions. +``9064. Air Force nurses: Chief; appointment. +``9065. Commands: territorial organization. +``9066. Regular Air Force: composition. +``9067. Assistant Surgeon General for Dental Services.''. + SEC. 953. CHIEF OF SPACE OPERATIONS. + (a) Chief.--Chapter 908 of title 10, United States Code (as added +by section 952 of this Act), is amended by inserting after section 9081 +the following new section: +``Sec. 9082. Chief of Space Operations + ``(a) Appointment.--(1) There is a Chief of Space Operations, +appointed by the President, by and with the advice and consent of the +Senate, from the general officers of the Air Force. The Chief serves at +the pleasure of the President. + ``(2) The Chief shall be appointed for a term of four years. In +time of war or during a national emergency declared by Congress, the +Chief may be reappointed for a term of not more than four years. + ``(b) Grade.--The Chief, while so serving, has the grade of general +without vacating the permanent grade of the officer. + ``(c) Relationship to the Secretary of the Air Force.--Except as +otherwise prescribed by law and subject to section 9013(f) of this +title, the Chief performs the duties of such position under the +authority, direction, and control of the Secretary of the Air Force and +is directly responsible to the Secretary. + ``(d) Duties.--Subject to the authority, direction, and control of +the Secretary of the Air Force, the Chief shall-- + ``(1) preside over the Office of the Chief of Space Operations; + ``(2) transmit the plans and recommendations of the Office of + the Chief of Space Operations to the Secretary and advise the + Secretary with regard to such plans and recommendations; + ``(3) after approval of the plans or recommendations of the + Office of the Chief of Space Operations by the Secretary, act as + the agent of the Secretary in carrying them into effect; + ``(4) exercise supervision, consistent with the authority + assigned to commanders of unified or specified combatant commands + under chapter 6 of this title, over such of the members and + organizations of the Space Force as the Secretary determines; and + ``(5) perform such other military duties, not otherwise + assigned by law, as are assigned to the Chief by the President, the + Secretary of Defense, or the Secretary of the Air Force. + ``(e) Joint Chiefs of Staff.--(1) Commencing one year after the +date of the enactment of the United States Space Force Act, the Chief +of Space Operations shall be a member of the Joint Chiefs of Staff. + ``(2) To the extent that such action does not impair the +independence of the Chief in the performance of the duties of the Chief +as a member of the Joint Chiefs of Staff pursuant to paragraph (1), the +Chief shall inform the Secretary of the Air Force regarding military +advice rendered by members of the Joint Chiefs of Staff on matters +affecting the Department of the Air Force. + ``(3) Subject to the authority, direction, and control of the +Secretary of Defense, the Chief shall keep the Secretary of the Air +Force fully informed of significant military operations affecting the +duties and responsibilities of the Secretary.''. + (b) Service.-- + (1) Incumbent.--The individual serving as Commander of the Air + Force Space Command as of the day before the date of the enactment + of this Act may serve as the Chief of Space Operations under + subsection (a) of section 9082 of title 10, United States Code (as + added by subsection (a) of this section), after that date without + further appointment as otherwise provided for by subsection (a) of + such section 9082. + (2) U.S. space command.--During the one-year period beginning + on the date of the enactment of this Act, the Secretary of Defense + may authorize an officer serving as the Chief of Space Operations + to serve concurrently as the Commander of the United States Space + Command, without further appointment. + (c) Joint Chiefs of Staff Matters.--Effective on the date that is +one year after the date of the enactment of this Act, section 151(a) of +title 10, United States Code, is amended by adding at the end the +following new paragraph: + ``(8) The Chief of Space Operations.''. + SEC. 954. SPACE FORCE ACQUISITION COUNCIL. + (a) In General.--Chapter 903 of title 10, United States Code, is +amended-- + (1) by redesignating section 9021 as section 9021a; and + (2) by inserting after section 9020 the following new section + 9021: +``Sec. 9021. Space Force Acquisition Council + ``(a) Establishment.--There is in the Office of the Secretary of +the Air Force a council to be known as the `Space Force Acquisition +Council' (in this section referred to as the `Council'). + ``(b) Members.--The members of the Council are as follows: + ``(1) The Under Secretary of the Air Force. + ``(2) The Assistant Secretary of the Air Force for Space + Acquisition and Integration, who shall act as chair of the Council. + ``(3) The Assistant Secretary of Defense for Space Policy. + ``(4) The Director of the National Reconnaissance Office. + ``(5) The Chief of Space Operations. + ``(6) The Commander of the United States Space Command. + ``(c) Duties.--The Council shall oversee, direct, and manage +acquisition and integration of the Air Force for space systems and +programs in order to ensure integration across the national security +space enterprise. + ``(d) Meetings.--The Council shall meet not less frequently than +monthly. + ``(e) Reports.--Not later than 30 days after the end of each +calendar year quarter through the first calendar year quarter of 2025, +the Council shall submit to the congressional defense committees a +report on the activities of the Council during the calendar year +quarter preceding the calendar year quarter in which such report is +submitted.''. + (b) Clerical Amendment.--The table of sections at the beginning of +chapter 903 of such title is amended by striking the item relating to +section 9021 and inserting the following new items: + +``9021. Space Force Acquisition Council. +``9021a. Air Force Reserve Forces Policy Committee.''. + SEC. 955. ASSISTANT SECRETARY OF DEFENSE FOR SPACE POLICY. + (a) In General.--Section 138(b) of title 10, United States Code, is +amended by adding at the end the following new paragraph: + ``(5) One of the Assistant Secretaries is the Assistant Secretary +of Defense for Space Policy. The principal duty of the Assistant +Secretary shall be the overall supervision of policy of the Department +of Defense for space warfighting.''. + (b) Elements of Office.-- + (1) Development of recommendations.--The Secretary of Defense + shall seek to enter into an agreement with a federally funded + research and development center on the development of + recommendations as to the appropriate elements of the Office of the + Assistant Secretary of Defense for Space Policy, including, in + particular, whether the elements of the Office should include + elements on space that are currently assigned to the Office of the + Under Secretary of Defense for Intelligence or the Military + Intelligence Program. + (2) Transmittal.--Not later than 180 days after the date of the + enactment of this Act, the Secretary shall transmit to the + Committees on Armed Services of the Senate and the House of + Representatives the recommendations developed pursuant to paragraph + (1), together with an assessment of such recommendations by the + Secretary. + SEC. 956. ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE + ACQUISITION AND INTEGRATION. + (a) Redesignation of Principal Assistant for Space as Assistant +Secretary for Space Acquisition and Integration.-- + (1) In general.--The Principal Assistant to the Secretary of + the Air Force for Space is hereby redesignated as the Assistant + Secretary of the Air Force for Space Acquisition and Integration. + (2) References.--Any reference to the Principal Assistant to + the Secretary of the Air Force for Space in any law, regulation, + map, document, record, or other paper of the United States shall be + deemed to be a reference to the Assistant Secretary of the Air + Force for Space Acquisition and Integration. + (b) Codification of Position and Responsibilities.-- + (1) In general.--Section 9016 of title 10, United States Code, + as amended by subtitle B of this title, is further amended-- + (A) in subsection (a), by striking ``four'' and inserting + ``five''; and + (B) in subsection (b), by adding at the end the following + new paragraph: + ``(6)(A) One of the Assistant Secretaries is the Assistant +Secretary of the Air Force for Space Acquisition and Integration. + ``(B) Subject to the authority, direction, and control of the +Secretary of the Air Force, the Assistant Secretary shall do as +follows: + ``(i) Be responsible for all architecture and integration of + the Air Force for space systems and programs, including in support + of the Chief of Space Operations under section 9082 of this title. + ``(ii) Act as the chair of the Space Force Acquisition Council + under section 9021 of this title. + ``(iii) Advise the service acquisition executive of the Air + Force with responsibility for space systems and programs (including + for all major defense acquisition programs under chapter 144 of + this title for space) on the acquisition of such systems and + programs by the Air Force. + ``(iv) Oversee and direct each of the following: + ``(I) The Space Rapid Capabilities Office under section + 2273a of this title. + ``(II) The Space and Missile Systems Center. + ``(III) The Space Development Agency. + ``(v) Advise and synchronize acquisition projects for all space + systems and programs of the Air Force, including projects for space + systems and programs responsibility for which is transferred to the + Assistant Secretary pursuant to section 956(b)(3) of the United + States Space Force Act. + ``(vi) Effective as of October 1, 2022, in accordance with + section 957 of that Act, serve as the Service Acquisition Executive + of the Department of the Air Force for Space Systems and + Programs.''. + (2) Executive schedule level iv.--Section 5315 of title 5, + United States Code, is amended by striking the item relating to the + Assistant Secretaries of the Air Force and inserting the following + new item: + ``Assistant Secretaries of the Air Force (5).''. + (3) Transfer of acquisition projects for space systems and + programs.--Effective October 1, 2022, the Secretary of the Air + Force shall transfer to the Assistant Secretary of the Air Force + for Space Acquisition and Integration under paragraph (6) of + section 9016(b) of title 10, United States Code (as added by this + subsection), responsibility for architecture and integration of any + acquisition projects for space systems and programs of the Air + Force that are under the oversight or direction of the Assistant + Secretary of the Air Force for Acquisition as of September 30, + 2022. + SEC. 957. SERVICE ACQUISITION EXECUTIVE OF THE DEPARTMENT OF THE + AIR FORCE FOR SPACE SYSTEMS AND PROGRAMS. + (a) In General.--Effective October 1, 2022, there shall be within +the Department of the Air Force a Service Acquisition Executive of the +Department of the Air Force for Space Systems and Programs. + (b) Service.-- + (1) In general.--Effective as of October 1, 2022, and subject + to paragraph (2), the individual serving as Assistant Secretary of + the Air Force for Space Acquisition and Integration under paragraph + (6) of section 9016(b) of title 10, United States Code (as added by + section 1832(b) of this Act), shall also serve as the Service + Acquisition Executive for Space Systems and Programs. + (2) Incumbent.--The individual serving as Assistant Secretary + of the Air Force for Space Acquisition and Integration as of + October 1, 2022, may also serve as the Service Acquisition + Executive for Space Systems and Programs pursuant to paragraph (1) + only if appointed as the Service Acquisition Executive for Space + Systems and Programs by the President, by and with the advice and + consent of the Senate, pursuant to a nomination submitted to the + Senate on or after that date. + (c) Authorities and Responsibilities.-- + (1) In general.--The Service Acquisition Executive for Space + Systems and Programs shall have within the Department of the Air + Force all the authorities and responsibilities of a service + acquisition executive under section 1704 of title 10, United States + Code, and other applicable law, for the Department of the Air Force + with respect to space systems and programs. + (2) Separate sae within the air force.--The Service Acquisition + Executive for Space Systems and Programs shall be in addition to + the service acquisition executive in the Department of the Air + Force for all acquisition matters of the Department of the Air + Force other than with respect to space systems and programs. + (3) Guidance on relationship among saes.--Not later than + October 1, 2022, and from time to time thereafter, the Secretary of + the Air Force shall issue guidance for the Department of the Air + Force on the authorities and responsibilities of the Service + Acquisition Executive for Space Systems and Programs and the + authorities and responsibilities of the service acquisition + executive of the Department for all acquisition matters of the + Department other than with respect to space systems and programs. + SEC. 958. CONFORMING AMENDMENTS AND CLARIFICATION OF AUTHORITIES. + (a) Conforming Amendments.--Title 10, United States Code, is +amended as follows: + (1) In section 101(a)(9)(C), by inserting ``and the Space + Force'' before the semicolon. + (2) In section 2273a-- + (A) in subsection (a), by striking ``Air Force Space + Command'' and inserting ``Space Force''; and + (B) in subsection (b), by striking ``Commander of the Air + Force Space Command'' and inserting ``Chief of Space + Operations''. + (b) Clarification of Authorities.-- + (1) In general.--Except as specifically provided by this + subtitle or the amendments made by this subtitle-- + (A) a member of the Space Force shall be treated as a + member of the Air Force for the purpose of the application of + any provision of law, including provisions of law relating to + pay, benefits, and retirement; and + (B) a civilian employee of the Space Force shall be treated + as a civilian employee of the Air Force for the purpose of the + application of any provision of law, including provisions of + law relating to pay, benefits, and retirement. + (2) Appointment and enlistment.--For purposes of the + appointment or enlistment of individuals as members of the Space + Force pending the integration of the Space Force into the laws + providing for the appointment or enlistment of individuals as + members of the Armed Forces, appointments and enlistments of + individuals as members of the Armed Forces in the Space Force may + be made in the same manner in which appointments and enlistments of + individuals as members of the Armed Forces in the other Armed + Forces may be made by law. + SEC. 959. EFFECTS ON MILITARY INSTALLATIONS. + Nothing in this subtitle, or the amendments made by this subtitle, +shall be construed to authorize or require the relocation of any +facility, infrastructure, or military installation of the Air Force. + SEC. 960. AVAILABILITY OF FUNDS. + (a) In General.--Subject to subsection (b), amounts authorized to +be appropriated for fiscal year 2020 by this Act and available for the +Air Force may be obligated and expended for programs, projects, and +activities for space, including personnel and acquisition programs, +projects, and activities, for and in connection with the establishment +of the Space Force and the discharge of the other requirements of this +title and the amendments made by this subtitle. + (b) Limitation.--The total amount obligated and expended in fiscal +year 2020 from amounts authorized to be appropriated by this Act for +and in connection with the establishment of the Space Force and the +discharge of the requirements described in subsection (a) may not +exceed the total amount requested for the Space Force in the budget of +the President for fiscal year 2020, as submitted to Congress pursuant +to section 1105(a) of title 10, United States Code. + SEC. 961. IMPLEMENTATION. + (a) Requirement.--Except as specifically provided by this subtitle, +the Secretary of the Air Force shall implement this subtitle, and the +amendments made by this subtitle, by not later than 18 months after the +date of the enactment of this Act. + (b) Briefings.--Not later than 60 days after the date of the +enactment of this Act, and every 60 days thereafter until March 31, +2023, the Secretary of the Air Force and the Chief of Space Operations +shall jointly provide to the congressional defense committees a +briefing on the status of the implementation of the Space Force +pursuant to this subtitle and the amendments made by this subtitle. +Each briefing shall address the current missions, operations and +activities, manpower requirements and status, and budget and funding +requirements and status of the Space Force, and such other matters with +respect to the implementation and operation of the Space Force as the +Secretary and the Chief jointly consider appropriate to keep Congress +fully and currently informed on the status of the implementation of the +Space Force. TITLE X--GENERAL PROVISIONS + Subtitle A--Financial Matters + +Sec. 1001. General transfer authority. +Sec. 1002. Defense Business Audit Remediation Plan. +Sec. 1003. Financial improvement and audit remediation plan. +Sec. 1004. Reporting requirements relating to Department of Defense + audits. +Sec. 1005. Inclusion of certain military construction projects in annual + reports on unfunded priorities of the Armed Forces and the + combatant commands. +Sec. 1006. Prohibition on delegation of responsibility for submittal to + Congress of Out-Year Unconstrained Total Munitions + Requirements and Out-Year Inventory numbers. +Sec. 1007. Annual budget justification display for service-common and + other support and enabling capabilities for special operations + forces. +Sec. 1008. Element in annual reports on the Financial Improvement and + Audit Remediation Plan on activities with respect to + classified programs. +Sec. 1009. Plan of the Department of Defense for financial management + information. +Sec. 1010. Update of authorities and renaming of Department of Defense + Acquisition Workforce Development Fund. +Sec. 1011. Transparency of accounting firms used to support Department + of Defense audit. +Sec. 1012. Modification of required elements of annual reports on + emergency and extraordinary expenses of the Department of + Defense. + + Subtitle B--Counterdrug Activities + +Sec. 1021. Modification of authority to support a unified counterdrug + and counterterrorism campaign in Colombia. +Sec. 1022. Extension of authority for joint task forces to provide + support to law enforcement agencies conducting counter- + terrorism activities. +Sec. 1023. Sense of Congress regarding Department of Defense counterdrug + activities in the transit zone and Caribbean basin. +Sec. 1024. Assessment of impact of any planned or proposed border wall + on volume of illegal narcotics. + + Subtitle C--Naval Vessels + +Sec. 1031. Modification of authority to purchase vessels using funds in + National Defense Sealift Fund. +Sec. 1032. Use of National Defense Sealift Fund for procurement of two + used vessels. +Sec. 1033. Transportation by sea of supplies for the Armed Forces and + Defense Agencies. +Sec. 1034. Senior Technical Authority for each naval vessel class. +Sec. 1035. Permanent authority for sustaining operational readiness of + littoral combat ships on extended deployment. +Sec. 1036. Formal training for shipboard system programs of record. +Sec. 1037. Report on shipbuilder training and the defense industrial + base. +Sec. 1038. Use of competitive procedures for CVN-80 and CVN-81 dual + aircraft carrier contract. +Sec. 1039. Report on expanding naval vessel maintenance. + + Subtitle D--Counterterrorism + +Sec. 1041. Modification of support of special operations to combat + terrorism. +Sec. 1042. Extension of prohibition on use of funds for transfer or + release of individuals detained at United States Naval + Station, Guantanamo Bay, Cuba, to certain countries. +Sec. 1043. Extension of prohibition on use of funds for transfer or + release of individuals detained at United States Naval + Station, Guantanamo Bay, Cuba, to the United States. +Sec. 1044. Extension of prohibition on use of funds to construct or + modify facilities in the United States to house detainees + transferred from United States Naval Station, Guantanamo Bay, + Cuba. +Sec. 1045. Extension of prohibition on use of funds to close or + relinquish control of United States Naval Station, Guantanamo + Bay, Cuba. +Sec. 1046. Chief Medical Officer at United States Naval Station, + Guantanamo Bay, Cuba. +Sec. 1047. Independent assessment on gender and countering violent + extremism. + + Subtitle E--Miscellaneous Authorities and Limitations + +Sec. 1051. Scheduling of Department of Defense executive aircraft + controlled by Secretaries of military departments. +Sec. 1052. Explosive ordnance defense disposal program. +Sec. 1053. Technical correction and extension of reporting requirement + regarding enhancement of information sharing and coordination + of military training between Department of Homeland Security + and Department of Defense. +Sec. 1054. Notification on the provision of defense sensitive support. +Sec. 1055. Revision to authorities relating to mail service for members + of the Armed Forces and Department of Defense civilians + overseas. +Sec. 1056. Access to and use of military post offices by United States + citizens employed overseas by the North Atlantic Treaty + Organization who perform functions in support of military + operations of the Armed Forces. +Sec. 1057. Expenditure of funds for Department of Defense intelligence + and counterintelligence activities. +Sec. 1058. Limitation on use of funds for the inactivation of Army + watercraft units. + Subtitle A--Financial Matters SEC. 1001. GENERAL TRANSFER AUTHORITY. - - (a) Authority To Transfer Authorizations.-- - (1) Authority.--Upon determination by the Secretary of - Defense that such action is necessary in the national interest, - the Secretary may transfer amounts of authorizations made - available to the Department of Defense in this division for - fiscal year 2020 between any such authorizations for that - fiscal year (or any subdivisions thereof). Amounts of - authorizations so transferred shall be merged with and be - available for the same purposes as the authorization to which - transferred. - (2) Limitation.--Except as provided in paragraph (3), the - total amount of authorizations that the Secretary may transfer - under the authority of this section may not exceed - $4,000,000,000. - (3) Exception for transfers between military personnel - authorizations.--A transfer of funds between military personnel - authorizations under title IV shall not be counted toward the - dollar limitation in paragraph (2). + (a) Authority to Transfer Authorizations.-- + (1) Authority.--Upon determination by the Secretary of Defense + that such action is necessary in the national interest, the + Secretary may transfer amounts of authorizations made available to + the Department of Defense in this division for fiscal year 2020 + between any such authorizations for that fiscal year (or any + subdivisions thereof). Amounts of authorizations so transferred + shall be merged with and be available for the same purposes as the + authorization to which transferred. + (2) Limitation.--Except as provided in paragraph (3), the total + amount of authorizations that the Secretary may transfer under the + authority of this section may not exceed $4,000,000,000. + (3) Exception for transfers between military personnel + authorizations.--A transfer of funds between military personnel + authorizations under title IV shall not be counted toward the + dollar limitation in paragraph (2). (b) Limitations.--The authority provided by subsection (a) to transfer authorizations-- - (1) may only be used to provide authority for items that - have a higher priority than the items from which authority is - transferred; and - (2) may not be used to provide authority for an item that - has been denied authorization by Congress. + (1) may only be used to provide authority for items that have a + higher priority than the items from which authority is transferred; + and + (2) may not be used to provide authority for an item that has + been denied authorization by Congress. (c) Effect on Authorization Amounts.--A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to Congress.--The Secretary shall promptly notify Congress of each transfer made under subsection (a). - -SEC. 1002. MODIFICATION OF REQUIRED ELEMENTS OF ANNUAL REPORTS ON - EMERGENCY AND EXTRAORDINARY EXPENSES OF THE DEPARTMENT OF - DEFENSE. - - Paragraph (2) of section 127(d) of title 10, United States Code, is -amended to read as follows: - ``(2) Each report submitted under paragraph (1) shall include, for -each individual expenditure covered by such report in an amount in -excess of $20,000, the following: - ``(A) A detailed description of the purpose of such - expenditure. - ``(B) The amount of such expenditure. - ``(C) An identification of the approving authority for such - expenditure. - ``(D) A justification why other authorities available to - the Department could not be used for such expenditure. - ``(E) Any other matters the Secretary considers - appropriate.''. - -SEC. 1003. INCLUSION OF MILITARY CONSTRUCTION PROJECTS IN ANNUAL - REPORTS ON UNFUNDED PRIORITIES OF THE ARMED FORCES AND - THE COMBATANT COMMANDS. - - (a) Inclusion of Military Construction Projects Among Unfunded -Priorities.--Subsection (d) of section 222a of title 10, United States -Code, is amended in the matter preceding paragraph (1) by inserting ``, -including a military construction project,'' after ``program, activity, -or mission requirement''. - (b) Order of Urgency of Priority.--Paragraph (2) of subsection (c) -of such section is amended to read as follows: - ``(2) Prioritization of priorities.--Each report shall - present the unfunded priorities covered by such report as - follows: - ``(A) In overall order of urgency of priority. - ``(B) In overall order of urgency of priority among - unfunded priorities (other than military construction - projects). - ``(C) In overall order of urgency of priority among - military construction projects.''. - -SEC. 1004. PROHIBITION ON DELEGATION OF RESPONSIBILITY FOR SUBMITTAL TO - CONGRESS OF OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS - REQUIREMENTS AND OUT-YEAR INVENTORY NUMBERS. - +SEC. 1002. DEFENSE BUSINESS AUDIT REMEDIATION PLAN. + (a) In General.--Chapter 9A of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 240g. Defense Business Audit Remediation Plan + ``(a) In General.--The Secretary of Defense shall maintain a plan, +to be known as the `Defense Business Systems Audit Remediation Plan'. +Such plan shall include a current accounting of the defense business +systems of the Department of Defense that will be introduced, replaced, +updated, modified, or retired in connection with the audit of the full +financial statements of the Department, including a comprehensive +roadmap that displays-- + ``(1) in-service, retirement, and other pertinent dates for + affected defense business systems; + ``(2) current cost-to-complete estimates for each affected + defense business system; and + ``(3) dependencies both between the various defense business + systems and between the introduction, replacement, update, + modification, and retirement of such systems. + ``(b) Report and Briefing Requirements.-- + ``(1) Annual report.--Not later than June 30, 2020, and + annually thereafter, the Secretary of Defense shall submit to the + congressional defense committees an updated report on the Defense + Business Systems Audit Remediation Plan under subsection (a). + ``(2) Semiannual briefings.--Not later than January 31 and June + 30 each year, the Secretary shall provide to the congressional + defense committees a briefing on the status of the Defense Business + Systems Audit Remediation Plan. Such briefing shall include a + description of any updates to the defense business systems roadmap + referred to in subsection (a). + ``(c) Defense Business System.--In this section, the term `defense +business system' has the meaning given such term in section +2222(i)(1)(A) of this title.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: + +``240g. Defense Business Audit Remediation Plan.''. +SEC. 1003. FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN. + (a) Elements of Annual Report.--Subsection (b)(1)(B) of section +240b of title 10, United States Code, is amended-- + (1) in clause (vii)-- + (A) by striking ``or if less than 50 percent of the audit + remediation services''; and + (B) by striking ``and audit remediation activities''; and + (2) in clause (viii), by striking ``or if less than 25 percent + of the audit remediation services''. + (b) Semiannual Briefings.--Subsection (b)(2) of such section is +amended by striking ``or audit remediation''. + (c) Audit Remediation Services.--Subsection (b) of such section is +further amended-- + (1) in paragraph (1)(B), by adding at the end the following new + clauses: + ``(ix) If less than 50 percent of the audit remediation + services under contract, as described in the briefing + required under paragraph (2)(B), are being performed by + individual professionals meeting the qualifications + described in suhsection (c), a detailed description of the + risks associated with the risks of the acquisition strategy + of the Department with respect to conducting audit + remediation activities and an explanation of how the + strategy complies with the policies expressed by Congress. + ``(x) If less than 25 percent of the audit remediation + services under contract, as described in the briefing + required under paragraph (2)(B), are being performed by + individual professionals meeting the qualifications + described in subsection (c), a written certification that + the staffing ratio complies with commercial best practices + and presents no increased risk of delay in the Department's + ability to achieve a clean audit opinion.''; and + (2) in paragraph (2)-- + (A) by striking ``Not later'' and inserting ``(A) Not + later''; and + (B) by adding at the end the following new subparagraph: + ``(B) Not later than January 31 and June 30 each year, the + Under Secretary of Defense (Comptroller) and the comptrollers of + the military departments shall provide a briefing to the + congressional defense committees on the status of the corrective + action plan. Such briefing shall include both the absolute number + and percentage of personnel performing the amount of audit + remediation services being performed by professionals meeting the + qualifications described in subsection (c).''. + (d) Selection of Audit Remediation Services.--Such section is +further amended by adding at the end the following new subsection: + ``(c) Selection of Audit Remediation Services.--The selection of +audit remediation service providers shall be based, among other +appropriate criteria, on qualifications, relevant experience, and +capacity to develop and implement corrective action plans to address +internal control and compliance deficiencies identified during a +financial statement or program audit.''. +SEC. 1004. REPORTING REQUIREMENTS RELATING TO DEPARTMENT OF DEFENSE +AUDITS. + (a) Annual Report.-- + (1) In general.--Chapter 9A of title 10, United States Code, as + amended by section 1002 is further amended by adding at the end the + following new section: +``Sec. 240h. Annual report on auditable financial statements + ``(a) In General.--Not later than January 30 of each year, the +Secretary of Defense shall submit to the congressional defense +committees a report that includes a ranking of all of the military +departments and Defense Agencies in order of how advanced each such +department and Agency is in achieving auditable financial statements, +as required by law. In preparing the report, the Secretary shall seek +to exclude information that is otherwise available in other reports to +Congress. + ``(b) Bottom Quartile.--Not later than June 30 of each year, the +head of each of the military departments and Defense Agencies that were +ranked in the bottom quartile of the report submitted under subsection +(a) for that year shall submit to the congressional defense committees +a report that includes the following information for that military +department or Defense Agency: + ``(1) A description of the material weaknesses of the military + department or Defense Agency. + ``(2) The underlying causes of such weaknesses. + ``(3) A plan for remediating such weaknesses. + ``(4) The total number of open audit notices of findings and + recommendations (hereinafter referred to as `NFRs') for the most + recently concluded fiscal year and the preceding two fiscal years, + where applicable. + ``(5) The number of repeat or reissued NFRs from the most + recently concluded fiscal year. + ``(6) The number of NFRs that were previously forecasted to be + closed during the most recently concluded fiscal year that remain + open. + ``(7) The number of closed NFRs during the current fiscal year + and prior fiscal years. + ``(8) The number of material weaknesses that were validated by + external auditors as fully resolved or downgraded in the current + fiscal year over prior fiscal years. + ``(9) A breakdown by fiscal years in which open NFRs are + forecasted to be closed. + ``(10) Explanations for unfavorable trends in the information + under paragraphs (1) through (9).''. + (2) Clerical amendment.--The table of sections at the beginning + of such chapter , as amended by section 1002 is futher amended by + adding at the end the following new item: + +``240h. Annual report on auditable financial statements.''. + + (b) Plan for Remediated Audit Findings.--Not later than 90 days +after the date of the enactment of this Act, the Secretary of Defense +shall submit to the congressional defense committees a report on +Department-wide audit metrics. Such report shall include each of the +following: + (1) The total number of open audit notices of findings and + recommendations (hereinafter referred to as ``NFRs'') for the most + recent fiscal year and the preceding two fiscal years where + applicable. + (2) The number of repeat or reissued NFRs from the most recent + fiscal year. + (3) The number of NFRs that were previously forecasted to be + closed in the most recently completed fiscal year that remain open, + (4) The number of closed NFRs in the current fiscal year and + prior fiscal years. + (5) The number of material weaknesses that were validated by + external auditors as fully resolved or downgraded in the current + fiscal year over prior fiscal years. + (6) A breakdown by fiscal years in which open NFRs are + forecasted to be closed. + (7) Explanations for unfavorable trends in the information + under paragraphs (1) through (5). +SEC. 1005. INCLUSION OF CERTAIN MILITARY CONSTRUCTION PROJECTS IN +ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE ARMED FORCES AND THE +COMBATANT COMMANDS. + (a) Inclusion of Certain Military Construction Projects Among +Unfunded Priorities.--Subsection (d) of section 222a of title 10, +United States Code, is amended to read as follows: + ``(d) Definitions.--In this section: + ``(1) The term `unfunded priority', in the case of a fiscal + year, means a program, activity, or mission requirement, including + a covered military construction project, that-- + ``(A) is not funded in the budget of the President for the + fiscal year as submitted to Congress pursuant to section 1105 + of title 31; + ``(B) is necessary to fulfill a requirement associated with + an operational or contingency plan of a combatant command or + other validated requirement; and + ``(C) would have been recommended for funding through the + budget referred to in subparagraph (1) by the officer + submitting the report required by subsection (a) in connection + with the budget if-- + ``(i) additional resources been available for the + budget to fund the program, activity, or mission + requirement; or + ``(ii) the program, activity, or mission requirement + has emerged since the budget was formulated. + ``(2) The term `covered military construction project', in + connection with a fiscal year, means a military construction + project that-- + ``(A) is included in any fiscal year of the future-years + defense program under section 221 of this title that is + submitted in connection with the budget of the President for + the fiscal year, and is executable in the fiscal year; or + ``(B) is considered by the commander of a combatant command + referred to in subsection (b)(5) to be an urgent need, and is + executable in the fiscal year.''. + (b) Order of Urgency of Priorities.--Paragraph (2) of subsection +(c) of such section is amended to read as follows: + ``(2) Prioritization of priorities.--Each report shall present + the unfunded priorities covered by such report as follows: + ``(A) In overall order of urgency of priority. + ``(B) In overall order of urgency of priority among + unfunded priorities (other than covered military construction + projects). + ``(C) In overall order of urgency of priority among covered + military construction projects.''. +SEC. 1006. PROHIBITION ON DELEGATION OF RESPONSIBILITY FOR SUBMITTAL TO +CONGRESS OF OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS REQUIREMENTS AND +OUT-YEAR INVENTORY NUMBERS. Section 222c of title 10, United States Code, is amended-- - (1) in subsection (a), by striking ``subsection (b)'' and - inserting ``subsection (c)''; - (2) by redesignating subsections (b), (c), and (d) as - subsections (c), (d), and (e), respectively; - (3) by inserting after subsection (a) the following new - subsection (b): + (1) in subsection (a), by striking ``subsection (b)'' and + inserting ``subsection (c)''; + (2) by redesignating subsections (b), (c), and (d) as + subsections (c), (d), and (e), respectively; + (3) by inserting after subsection (a) the following new + subsection (b): ``(b) Prohibition on Delegation of Submittal Responsibility.--The responsibility of the chief of staff of an armed force in subsection (a) to submit a report may not be delegated outside the armed force concerned.''; and - (4) in subsection (c), as redesignated by paragraph (2), by - striking ``subsection (c)'' in paragraph (6) and inserting - ``subsection (d)''. - -SEC. 1005. ELEMENT IN ANNUAL REPORTS ON THE FINANCIAL IMPROVEMENT AND - AUDIT REMEDIATION PLAN ON ACTIVITIES WITH RESPECT TO - CLASSIFIED PROGRAMS. + (4) in subsection (c), as redesignated by paragraph (2), by + striking ``subsection (c)'' in paragraph (6) and inserting + ``subsection (d)''. +SEC. 1007. ANNUAL BUDGET JUSTIFICATION DISPLAY FOR SERVICE-COMMON AND +OTHER SUPPORT AND ENABLING CAPABILITIES FOR SPECIAL OPERATIONS FORCES. + (a) In General.--Chapter 9 of title 10, United States Code, is +amended by inserting after section 225 the following new section: +``Sec. 226. Special operations forces: display of service-common and + other support and enabling capabilities + ``(a) In General.--The Secretary shall include, in the budget +materials submitted to Congress under section 1105 of title 31 for +fiscal year 2021 and any subsequent fiscal year, a consolidated budget +justification display showing service-common and other support and +enabling capabilities for special operations forces requested by a +military service or Defense Agency. Such budget justification display +shall include any amount for service-common or other capability +development and acquisition, training, operations, pay, base operations +sustainment, and other common services and support. + ``(b) Service-common and Other Support and Enabling Capabilities.-- +In this section, the term `service-common and other support and +enabling capabilities' means capabilities provided in support of +special operations that are not reflected in Major Force Program-11 or +designated as special operations forces-peculiar.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by inserting after the item relating to section +225 the following new item: +``226. Special operations forces: display of service-common and other + support and enabling capabilities.''. +SEC. 1008. ELEMENT IN ANNUAL REPORTS ON THE FINANCIAL IMPROVEMENT AND +AUDIT REMEDIATION PLAN ON ACTIVITIES WITH RESPECT TO CLASSIFIED +PROGRAMS. Section 240b(b)(1) of title 10, United States Code, is amended-- - (1) in subparagraph (B), by adding at the end the following - new clause: - ``(ix) A description of audit activities - and results for classified programs, including - a description of the use of procedures and - requirements to prevent unauthorized exposure - of classified information in such - activities.''; and - (2) in subparagraph (C)(i), by inserting ``or (ix)'' after - ``clause (vii)''. - -SEC. 1006. MODIFICATION OF SEMIANNUAL BRIEFINGS ON THE CONSOLIDATED - CORRECTIVE ACTION PLAN OF THE DEPARTMENT OF DEFENSE FOR - FINANCIAL MANAGEMENT INFORMATION. - - (a) In General.--Paragraph (2) of section 240b(b) of title 10, -United States Code, is amended to read as following: - ``(2) Semiannual briefings.-- - ``(A) In general.--Not later than February 28 and - September 30 each year, the Under Secretary of Defense - (Comptroller) and the comptrollers of the military - departments shall provide a briefing to the - congressional defense committees on the status of the - consolidated corrective action plan referred to in - paragraph (1)(B)(i) as of the end of the most recent - calendar half-year ending before such briefing. - ``(B) Elements.--Each briefing under subparagraph - (A) shall include the following: - ``(i) The absolute number, and the - percentage, of personnel performing the amount - of auditing or audit remediation services being - performed by professionals meeting the - qualifications described in section 240d(b) of - this title as of the last day of the calendar - half-year covered by such briefing. - ``(ii) With respect to each finding and - recommendation issued in connection with the - audit of the financial statements of a - department, agency, component, or other element - of the Department of Defense, or the Department - of Defense as a whole, that was received by the - Department during the calendar half-year - covered by such briefing, each of the - following: - ``(I) A description of the manner - in which the corrective action plan of - such department, agency, component, or - element and the corrective action plan - of the Department as a whole, or the - corrective action plan of the - Department as a whole (in the case of a - finding or recommendation regarding the - Department as a whole), has been - modified in order to incorporate such - finding or recommendation into such - plans or plan. - ``(II) An identification of the - processes, systems, procedures, and - technologies required to implement such - corrective action plans or plan, as so - modified. - ``(III) A determination of the - funds required to procure, obtain, or - otherwise implement each process, - system, and technology identified - pursuant to subclause (II). - ``(IV) An identification the manner - in which such corrective action plans - or plan, as so modified, support the - National Defense Strategy (NDS) of the - United States.''. - (b) Technical Amendment.--Paragraph (1)(B)(i) of such section is -amended by striking ``section 253a'' and inserting ``section 240c''. - (c) Effective Date.--The amendment made by subsection (a) shall -take effect on the date of the enactment of this Act, and shall apply -with respect to calender half-years that end on or after that date. - -SEC. 1007. UPDATE OF AUTHORITIES AND RENAMING OF DEPARTMENT OF DEFENSE - ACQUISITION WORKFORCE DEVELOPMENT FUND. - + (1) in subparagraph (B), as amended by section 1003, by adding + at the end the following new clause: + ``(xi) A description of audit activities and results + for classified programs, including a description of the use + of procedures and requirements to prevent unauthorized + exposure of classified information in such activities.''; + and + (2) in subparagraph (C)(i), by inserting ``or (ix)'' after + ``clause (vii)''. +SEC. 1009. PLAN OF THE DEPARTMENT OF DEFENSE FOR FINANCIAL MANAGEMENT +INFORMATION. + (a) Element on Support of NDS by Corrective Action Plans.--Section +240b(b)(1)(B) of title 10, United States Code, as amended by section +1008 of this Act, is further amended by adding at the end the following +new clause: + ``(xii) An identification the manner in which the + corrective action plan or plans of each department, agency, + component, or element of the Department of Defense, and the + corrective action plan of the Department as a whole, + support the National Defense Strategy (NDS) of the United + States.''. + (b) Technical Amendment.--Clause (i) of such section is amended by +striking ``section 253a'' and inserting ``section 240c''. + (c) Annual Reports on Funding for Corrective Action Plans.--Not +later than five days after the submittal to Congress under section +1105(a) of title 31, United States Code, of the budget of the President +for any fiscal year after fiscal year 2020, the Secretary of Defense +shall submit to the congressional defense committees a reporting +setting forth a detailed estimate of the funding required for such +fiscal year to procure, obtain, or otherwise implement each process, +system, and technology identified to address the current corrective +action plans of the departments, agencies, components, and elements of +the Department of Defense, and the corrective action plan of the +Department as a whole, for purposes of chapter 9A of title 10, United +States Code, during such fiscal year. +SEC. 1010. UPDATE OF AUTHORITIES AND RENAMING OF DEPARTMENT OF DEFENSE +ACQUISITION WORKFORCE DEVELOPMENT FUND. (a) Renaming as Account.-- - (1) In general.--Section 1705 of title 10, United States - Code, is amended-- - (A) in subsection (a), by striking ``the - `Department of Defense Acquisition Workforce - Development Fund' (in this section referred to as the - `Fund')'' and inserting ``the `Department of Defense - Acquisition Workforce Development Account' (in this - section referred to as the `Account')''; and - (B) by striking ``Fund'' each place it appears - (other than subsection (e)(6)) and inserting - ``Account''. - (2) Conforming and clerical amendments.-- - (A) Section heading.--The heading of such section - is amended to read as follows: + (1) In general.--Section 1705 of title 10, United States Code, + is amended-- + (A) in subsection (a), by striking ``the `Department of + Defense Acquisition Workforce Development Fund' (in this + section referred to as the `Fund')'' and inserting ``the + `Department of Defense Acquisition Workforce Development + Account' (in this section referred to as the `Account')''; and + (B) by striking ``Fund'' each place it appears (other than + subsection (e)(6)) and inserting ``Account''. + (2) Conforming and clerical amendments.-- + (A) Section heading.--The heading of such section is + amended to read as follows: ``Sec. 1705. Department of Defense Acquisition Workforce Development - Account''. - (B) Clerical amendment.--The table of sections at - the beginning of subchapter I of chapter 87 of such - title is amended by striking the item relating to - section 1705 and inserting the following new item: + Account''. + (B) Clerical amendment.--The table of sections at the + beginning of subchapter I of chapter 87 of such title is + amended by striking the item relating to section 1705 and + inserting the following new item: ``1705. Department of Defense Acquisition Workforce Development - Account.''. + Account.''. + (b) Management.--Such section is further amended by striking ``Under Secretary of Defense for Acquisition, Technology, and Logistics'' each place it appears and inserting ``Under Secretary of @@ -10649,2070 +21243,2753 @@ follows and inserting ``appropriated to the Account pursuant to subsection (d) shall remain available for expenditure for the fiscal year in which appropriated and the succeeding fiscal year.''. (e) Effective Date.-- - (1) In general.--The amendments made by this section shall - take effect on October 1, 2019, and shall apply with respect to - fiscal years that begin on or after that date. - (2) Duration of availability of previously deposited - funds.--Nothing in the amendments made by this section shall - modify the duration of availability of amounts in the - Department of Defense Acquisition Workforce Development Fund - that were appropriated or credited to, or deposited, in the - Fund, before October 1, 2019, as provided for in section - 1705(e)(6) of title 10, United States Code, as in effect on the - day before such date. + (1) In general.--The amendments made by this section shall take + effect on October 1, 2019, and shall apply with respect to fiscal + years that begin on or after that date. + (2) Duration of availability of previously deposited funds.-- + Nothing in the amendments made by this section shall modify the + duration of availability of amounts in the Department of Defense + Acquisition Workforce Development Fund that were appropriated or + credited to, or deposited, in the Fund, before October 1, 2019, as + provided for in section 1705(e)(6) of title 10, United States Code, + as in effect on the day before such date. +SEC. 1011. TRANSPARENCY OF ACCOUNTING FIRMS USED TO SUPPORT DEPARTMENT +OF DEFENSE AUDIT. + Section 1006 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended-- + (1) by striking ``For all contract actions'' and inserting + ``(a) In General.--For all contract actions''; and + (2) by adding at the end the following new subsections + ``(b) Treatment of Statement.--A statement setting forth the +details of a disciplinary proceeding submitted pursuant to subsection +(a), and the information contained in such a statement, shall be-- + ``(1) treated as confidential to the extent required by the + court or agency in which the proceeding has occurred; and + ``(2) treated in a manner consistent with any protections or + privileges established by any other provision of Federal law.''. +SEC. 1012. MODIFICATION OF REQUIRED ELEMENTS OF ANNUAL REPORTS ON +EMERGENCY AND EXTRAORDINARY EXPENSES OF THE DEPARTMENT OF DEFENSE. + Paragraph (2) of section 127(d) of title 10, United States Code, is +amended to read as follows: + ``(2) Each report submitted under paragraph (1) shall include, for +each individual expenditure covered by such report in an amount in +excess of $100,000, the following: + ``(A) A detailed description of the purpose of such + expenditure. + ``(B) The amount of such expenditure. + ``(C) An identification of the approving authority for such + expenditure. + ``(D) A justification why other authorities available to the + Department could not be used for such expenditure. + ``(E) Any other matters the Secretary considers appropriate.''. Subtitle B--Counterdrug Activities -SEC. 1011. MODIFICATION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG - AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA. - - Section 1021(a)(1) of the Ronald W. Reagan National Defense -Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. -2042), as most recently amended by section 1011(1) of the National -Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 -Stat. 1545), is further amended by striking ``organizations designated -as'' and all that follows and inserting ``terrorist organizations or -other illegally armed groups that the Secretary of Defense, with the -concurrence of the Secretary of State, determines pose a threat to the -national security interests of the United States.''. - -SEC. 1012. TWO-YEAR EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO - PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING - COUNTER-TERRORISM ACTIVITIES. - - Section 1022(b) of the National Defense Authorization Act for -Fiscal Year 2004 (10 U.S.C. 271 note) is amended by striking ``2020'' -and inserting ``2022''. - - Subtitle C--Naval Vessels and Shipyards +SEC. 1021. MODIFICATION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG +AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA. + (a) Organizations With Respect to Which Assistance May Be +Provided.--Subsection (a) of section 1021 of the Ronald W. Reagan +National Defense Authorization Act for Fiscal Year 2005 (Public Law +108-375; 118 Stat. 2042), as most recently amended by section 1011(1) +of the National Defense Authorization Act for Fiscal Year 2018 (Public +Law 115-91; 131 Stat. 1545), is further amended-- + (1) in paragraph (1), by striking ``organizations designated + as'' and all that follows and inserting ``the Revolutionary Armed + Forces of Colombia (FARC), the National Liberation Army (ELN), the + United Self-Defense Forces of Colombia (AUC), and any covered + organization that the Secretary of Defense, with the concurrence of + the Secretary of State, determines poses a threat to the national + security interests of the United States.''; + (2) by redesignating paragraph (2) as paragraph (3); and + (3) by inserting after paragraph (1) the following new + paragraph (2): + ``(2) For purposes of paragraph (1), a covered organization is any +foreign terrorist organization, or other organization that is a non- +state armed group, that-- + ``(A) promotes illicit economies; + ``(B) employs violence to protect its interests; + ``(C) has a military type structure, tactics, and weapons that + provide it the ability to carry out large-scale violence; + ``(D) challenges the security response capacity of Colombia; + and + ``(E) has the capability to control territory.''. + (b) Notice on Assistance.--Such section is further amended-- + (1) by redesignating subsections (e) and (f) as subsections (f) + and (g), respectively; and + (2) by inserting after subsection (d) the following new + subsection (e): + ``(e) Notice on Assistance With Respect to Covered Organizations.-- +(1) Not later than 30 days before providing assistance pursuant to the +authority in subsection (a) with respect to a covered organization, the +Secretary of Defense shall submit to the appropriate committees of +Congress a written notification of the intent to use such authority +with respect to such organization, including the name of such +organization, the characteristics of such organization, and threat +posed by such organization. + ``(2) In this subsection, the term `appropriate committees of +Congress' means-- + ``(A) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate; and + ``(B) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives.''. +SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE +SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM +ACTIVITIES. + (a) Extension.--Subsection (b) of section 1022 of the National +Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 +U.S.C. 271 note) is amended by striking ``2020'' and inserting +``2022''. + (b) Technical Corrections.--Subsection (e) of such section is +amended-- + (1) in paragraph (1), by inserting a period at the end; and + (2) by adding at the end the following paragraph (2): + ``(2) For purposes of applying the definition of transnational +organized crime under paragraph (1) to this section, the term `illegal +means', as it appears in such definition, includes the trafficking of +money, human trafficking, illicit financial flows, illegal trade in +natural resources and wildlife, trade in illegal drugs and weapons, and +other forms of illegal means determined by the Secretary of Defense.''. +SEC. 1023. SENSE OF CONGRESS REGARDING DEPARTMENT OF DEFENSE +COUNTERDRUG ACTIVITIES IN THE TRANSIT ZONE AND CARIBBEAN BASIN. + It is the sense of Congress that-- + (1) combating transnational criminal organizations and illicit + narcotics trafficking across the transit zone and the Caribbean + basin is critical to the national security of the United States; + (2) the Department of Defense should work with the Department + of Homeland Security, the Department of State, and other relevant + Federal, State, local, and international partners to improve + surveillance capabilities and maximize the effectiveness of + counterdrug operations in the region; and + (3) the Secretary of Defense should, to the greatest extent + possible, ensure United States Northern Command and United States + Southern Command have the necessary assets to support and increase + counter-drug activities within their respective areas of operations + in the transit zone and the Caribbean basin. +SEC. 1024. ASSESSMENT OF IMPACT OF ANY PLANNED OR PROPOSED BORDER WALL +ON VOLUME OF ILLEGAL NARCOTICS. + (a) Assessment Required.--The Secretary of Defense, in consultation +with the Secretary of Homeland Security, shall conduct an assessment of +the impact that any planned or proposed border wall construction under +section 284 or 2808 of title 10, United States Code, along the southern +border of the United States would have on the volume of illegal +narcotics entering the United States. + (b) Report.--Not later than 90 days after the date of the enactment +of this Act, the Secretary of Defense and the Secretary of Homeland +Security shall jointly submit to Congress a report on the assessment +required by subsection (a). -SEC. 1016. MODIFICATION OF AUTHORITY TO PURCHASE VESSELS USING FUNDS IN - NATIONAL DEFENSE SEALIFT FUND. + Subtitle C--Naval Vessels +SEC. 1031. MODIFICATION OF AUTHORITY TO PURCHASE VESSELS USING FUNDS IN +NATIONAL DEFENSE SEALIFT FUND. (a) In General.--Section 2218(f)(3)(E) of title 10, United States Code, is amended-- - (1) in clause (i), by striking ``ten new sealift vessels'' - and inserting ``ten new vessels that are sealift vessels, - auxiliary vessels, or a combination of such vessels''; and - (2) in clause (ii), by striking ``sealift''. + (1) in clause (i), by striking ``ten new sealift vessels'' and + inserting ``ten new vessels that are sealift vessels, auxiliary + vessels, or a combination of such vessels''; and + (2) in clause (ii), by striking ``sealift''. (b) Effective Date.--The amendments 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. - -SEC. 1017. SENIOR TECHNICAL AUTHORITY FOR EACH NAVAL VESSEL CLASS. - +SEC. 1032. USE OF NATIONAL DEFENSE SEALIFT FUND FOR PROCUREMENT OF TWO +USED VESSELS. + Pursuant to section 2218(f)(3) of title 10, United States Code, and +using amounts authorized to be appropriated for Operation and +Maintenance, Navy, for fiscal year 2020, the Secretary of the Navy +shall seek to enter into a contract for the procurement of two used +vessels. +SEC. 1033. TRANSPORTATION BY SEA OF SUPPLIES FOR THE ARMED FORCES AND +DEFENSE AGENCIES. + Section 2631 of title 10, United States Code, is amended-- + (1) in the first sentence of subsection (a), by inserting ``or + for a Defense Agency'' after ``Marine Corps''; and + (2) in subsection (b)-- + (A) by redesignating paragraphs (2) and (3) as paragraphs + (3) and (4), respectively; + (B) by inserting after paragraph (1) the following new + paragraph (2): + ``(2) Before entering into a contract for the transportation by sea +of fuel products under this section, the Secretary shall provide a +minimum variance of three days on the shipment date.''; and + (C) in paragraph (4), as redesignated by subparagraph (A), + by striking ``the requirement described in paragraph (1)'' and + insert ``a requirement under paragraph (1) or (2)''. +SEC. 1034. SENIOR TECHNICAL AUTHORITY FOR EACH NAVAL VESSEL CLASS. (a) Senior Technical Authority for Each Class Required.--Chapter 863 of title 10, United States Code, is amended by inserting after section 8669a the following new section: ``Sec. 8669b. Senior Technical Authority for each naval vessel class ``(a) Senior Technical Authority.-- - ``(1) Designation for each vessel class required.--The - Secretary of the Navy shall designate, in writing, a Senior - Technical Authority for each class of naval vessels as follows: - ``(A) In the case of a class of vessels which has - received Milestone A approval, an approval to enter - into technology maturation and risk reduction, or an - approval to enter into a subsequent Department of - Defense or Department of the Navy acquisition phase as - of the date of the enactment of the National Defense - Authorization Act for Fiscal Year 2020, not later than - 30 days after such date of enactment. - ``(B) In the case of any class of vessels which has - not received any approval described in subparagraph (A) - as of such date of enactment, at or before the first of - such approvals. - ``(2) Prohibition on delegation.--The Secretary may not - delegate designations under paragraph (1). - ``(3) Individuals eligible for designation.--Each - individual designated as a Senior Technical Authority under - paragraph (1) shall be an employee of the Navy in the Senior - Executive Service in an organization of the Navy that-- - ``(A) possesses the technical expertise required to - carry out the responsibilities specified in subsection - (b); and - ``(B) operates independently of chains-of-command - for acquisition program management. - ``(4) Term.--Each Senior Technical Authority shall be - designated for a term, not fewer than six years, specified by - the Secretary at the time of designation. - ``(5) Removal.--An individual may be removed involuntarily - from designation as a Senior Technical Authority only by the - Secretary. Not later than 15 days after the involuntary removal - of an individual from designation as a Senior Technical - Authority, the Secretary shall notify, in writing, the - congressional defense committees of the removal, including the - reasons for the removal. + ``(1) Designation for each vessel class required.--The + Secretary of the Navy shall designate, in writing, a Senior + Technical Authority for each class of naval vessels as follows: + ``(A) In the case of a class of vessels which has received + Milestone A approval, an approval to enter into technology + maturation and risk reduction, or an approval to enter into a + subsequent Department of Defense or Department of the Navy + acquisition phase as of the date of the enactment of the + National Defense Authorization Act for Fiscal Year 2020, not + later than 30 days after such date of enactment. + ``(B) In the case of any class of vessels which has not + received any approval described in subparagraph (A) as of such + date of enactment, at or before the first of such approvals. + ``(2) Individuals eligible for designation.--Each individual + designated as a Senior Technical Authority under paragraph (1) + shall be an employee of the Navy in the Senior Executive Service in + an organization of the Navy that-- + ``(A) possesses the technical expertise required to carry + out the responsibilities specified in subsection (b); and + ``(B) operates independently of chains-of-command for + acquisition program management. + ``(3) Term.--Each Senior Technical Authority shall be + designated for a fixed term, not shorter than the time anticipated + to establish demonstrated successful performance of the class of + vessels concerned in accordance with its approved capabilities + document, as determined by the Secretary at the time of + designation. + ``(4) Voluntary departure.--If an individual designated as a + Senior Technical Authority voluntarily departs the position before + demonstrated successful performance of the class of vessels + concerned, the Secretary shall designate, in writing, a + replacement, and shall notify, in writing, the congressional + defense committees not later than 90 days after such departure. + ``(5) Removal.--An individual may be removed involuntarily from + designation as a Senior Technical Authority only by the Secretary. + Not later than 15 days after the involuntary removal of an + individual from such designation, the Secretary shall notify, in + writing, the congressional defense committees of the removal, + including the reasons for the removal. Not later than 90 days after + the involuntary removal, the Secretary shall designate, in writing, + a replacement, and shall notify, in writing, the congressional + defense committees of such designation. + ``(6) Reassignment for mission needs.--Subject to paragraphs + (4) and (5), the Secretary may reassign a Senior Technical + Authority or remove an individual from designation as a Senior + Technical Authority in furtherance of Department of the Navy + mission needs. ``(b) Responsibilities and Authority.--Each Senior Technical Authority shall be responsible for, and have the authority to, establish, monitor, and approve technical standards, tools, and processes for the class of naval vessels for which designated under -this section in conformance with applicable Department of Defense and -Department of the Navy policies, requirements, architectures, and -standards. +this section in conformance with applicable laws and Department of +Defense and Department of the Navy policies, requirements, +architectures, and standards. ``(c) Limitation on Obligation of Funds on Lead Vessel in Vessel Class.-- - ``(1) In general.--On or after October 1, 2020, funds - authorized to be appropriated for Shipbuilding and Conversion, - Navy or Other Procurement, Navy may not be obligated for the - first time on the lead vessel in a class of naval vessels - unless the Secretary of the Navy certifies as described in - paragraph (2). - ``(2) Certification elements.--The certification on a class - of naval vessels described in this paragraph is a certification - containing each of the following: - ``(A) The name of the individual designated as the - Senior Technical Authority for such class of vessels, - and the qualifications and professional biography of - the individual so designated. - ``(B) A description by the Senior Technical - Authority of the systems engineering, technology, and - ship integration risks for such class of vessels. - ``(C) The designation by the Senior Technical - Authority of each critical hull, mechanical, - electrical, propulsion, and combat system of such class - of vessels, including systems relating to power - generation, power distribution, and key operational - mission areas. - ``(D) The date on which the Senior Technical - Authority approved the systems engineering, engineering - development, and land-based engineering and testing - plans for such class of vessels. - ``(E) A description by the Senior Technical - Authority of the key technical knowledge objectives and - demonstrated system performance of each plan approved - as described in subparagraph (D). - ``(F) A determination by the Senior Technical - Authority that such plans are sufficient to achieve - thorough technical knowledge of critical systems of - such class of vessels before the start of detail design - and construction. - ``(G) A determination by the Senior Technical - Authority that actual execution of activities in - support of such plans as of the date of the - certification have been and continue to be effective - and supportive of the acquisition schedule for such - class of vessels. - ``(H) A description by the Senior Technical - Authority of other technology maturation and risk - reduction efforts not included in such plans for such - class of vessels taken as of the date of the - certification. - ``(I) A certification by the Senior Technical - Authority that each critical system covered by - subparagraph (C) has been demonstrated through testing - of a prototype or identical component in its final - form, fit, and function in a realistic environment. - ``(J) A determination by the Secretary that the - plans approved as described in subparagraph (D) are - fully funded and will be fully funded in the future- - years defense program for the fiscal year beginning in - the year in which the certification is submitted. - ``(K) A determination by the Secretary that the - Senior Technical Authority will approve, in writing, - the ship specification for such class of vessels before - the request for proposals for detail design, - construction, or both, as applicable, is released. - ``(3) Deadline for submittal of certification.--The - certification required by this subsection with respect to a - class of naval vessels shall be submitted, in writing, to the - congressional defense committees not fewer than 30 days before - the Secretary obligates for the first time funds authorized to - be appropriated for Shipbuilding and Conversion, Navy or Other - Procurement, Navy for the lead vessel in such class of naval + ``(1) In general.--On or after January 1, 2021, funds + authorized to be appropriated for Shipbuilding and Conversion, Navy + or Other Procurement, Navy may not be obligated for the first time + on the lead vessel in a class of naval vessels unless the Secretary + of the Navy certifies as described in paragraph (2). + ``(2) Certification elements.--The certification on a class of + naval vessels described in this paragraph is a certification + containing each of the following: + ``(A) The name or names of the individual or individuals + designated as the Senior Technical Authority for such class of + vessels, and the qualifications and professional biography or + biographies of the individual or individuals so designated. + ``(B) A description by the Senior Technical Authority of + the systems engineering, technology, and ship integration risks + for such class of vessels. + ``(C) The designation by the Senior Technical Authority of + each critical hull, mechanical, electrical, propulsion, and + combat system of such class of vessels, including systems + relating to power generation, power distribution, and key + operational mission areas. + ``(D) The date on which the Senior Technical Authority + approved the systems engineering, engineering development, and + land-based engineering and testing plans for such class of vessels. + ``(E) A description by the Senior Technical Authority of + the key technical knowledge objectives and demonstrated system + performance of each plan approved as described in subparagraph + (D). + ``(F) A determination by the Senior Technical Authority + that such plans are sufficient to achieve thorough technical + knowledge of critical systems of such class of vessels before + the start of detail design and construction. + ``(G) A determination by the Senior Technical Authority + that actual execution of activities in support of such plans as + of the date of the certification have been and continue to be + effective and supportive of the acquisition schedule for such + class of vessels. + ``(H) A description by the Senior Technical Authority of + other technology maturation and risk reduction efforts not + included in such plans for such class of vessels taken as of + the date of the certification. + ``(I) A certification by the Senior Technical Authority + that each critical system covered by subparagraph (C) has been + demonstrated through testing of a prototype or identical + component in its final form, fit, and function in a realistic + environment. + ``(J) A determination by the Secretary that the plans + approved as described in subparagraph (D) are fully funded and + will be fully funded in the future-years defense program for + the fiscal year beginning in the year in which the + certification is submitted. + ``(K) A determination by the Secretary that the Senior + Technical Authority will approve, in writing, the ship + specification for such class of vessels before the request for + proposals for detail design, construction, or both, as + applicable, is released. + ``(3) Deadline for submittal of certification.--The + certification required by this subsection with respect to a class + of naval vessels shall be submitted, in writing, to the + congressional defense committees not fewer than 30 days before the + Secretary obligates for the first time funds authorized to be + appropriated for Shipbuilding and Conversion, Navy or Other + Procurement, Navy for the lead vessel in such class of naval + vessels. ``(d) Definitions.--In this section: - ``(1) The term `class of naval vessels'-- - ``(A) means any group of similar undersea or - surface craft procured with Shipbuilding and - Conversion, Navy or Other Procurement, Navy funds, - including manned, unmanned, and optionally-manned - craft; and - ``(B) includes-- - ``(i) a substantially new class of craft - (including craft procured using `new start' - procurement); and - ``(ii) a class of craft undergoing a - significant incremental change in its existing - class (such as a next `flight' of destroyers or - next `block' of attack submarines). - ``(2) The term `future-years defense program' has the - meaning given that term in section 221 of this title. - ``(3) The term `Milestone A approval' has the meaning given - that term in section 2431a of this title.'' + ``(1) The term `class of naval vessels'-- + ``(A) means any group of similar undersea or surface craft + procured with Shipbuilding and Conversion, Navy or Other + Procurement, Navy funds, including manned, unmanned, and + optionally-manned craft; and + ``(B) includes-- + ``(i) a substantially new class of craft (including + craft procured using `new start' procurement); and + ``(ii) a class of craft undergoing a significant + incremental change in its existing class (such as a next + `flight' of destroyers or next `block' of attack + submarines). + ``(2) The term `future-years defense program' has the meaning + given that term in section 221 of this title. + ``(3) The term `Milestone A approval' has the meaning given + that term in section 2431a of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 863 of such title is amended by inserting after the item relating to section 8669a the following new item: ``8669b. Senior Technical Authority for each naval vessel class.''. - -SEC. 1018. PERMANENT AUTHORITY FOR SUSTAINING OPERATIONAL READINESS OF - LITTORAL COMBAT SHIPS ON EXTENDED DEPLOYMENT. - - Section 8680(a)(2) of title 10, United States Code, is amended by -striking subparagraph (D). +SEC. 1035. PERMANENT AUTHORITY FOR SUSTAINING OPERATIONAL READINESS OF +LITTORAL COMBAT SHIPS ON EXTENDED DEPLOYMENT. + Section 8680(a)(2) of title 10, United States Code, is amended-- + (1) in subparagraph (C)(ii)-- + (A) by striking ``means preservation or corrosion control + efforts and cleaning services'' and inserting ``means--''; and + (B) by adding at the end the following new subclauses: + ``(I) the effort required to provide housekeeping services + throughout the ship; + ``(II) the effort required to perform coating maintenance + and repair to exterior and interior surfaces due to normal + environmental conditions; and + ``(III) the effort required to clean mechanical spaces, + mission zones, and topside spaces.''; and + (2) by striking subparagraph (D). +SEC. 1036. FORMAL TRAINING FOR SHIPBOARD SYSTEM PROGRAMS OF RECORD. + (a) In General.--The Secretary of the Navy shall ensure that there +is formal training provided for any shipboard system that is a program +of record on any Navy surface vessel. + (b) Timline for Implementation.-- + (1) Current programs.--In the case of any shipboard system + program of record that is in use as of the date of the enactment of + this Act for which no formal training is available, the Secretary + shall ensure that such training is available by not later than 12 + months after the date of the enactment of this Act. + (2) Future programs.--In the case of any shipboard system + program of record that is first accepted by the Government after + the date of the enactment of this Act, the Secretary shall ensure + that formal training is established for such program by not later + than 12 months after the date on which the shipboard system program + of record is first accepted by the Government. +SEC. 1037. REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE INDUSTRIAL +BASE. + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense, in coordination with the Secretary of +Labor, shall submit to the Committee on Armed Services and the +Committee on Health, Education, Labor, and Pensions of the Senate and +the Committee on Armed Services and the Committee on Education and +Labor of the House of Representatives a report on shipbuilder training +and hiring requirements necessary to achieve the Navy's 30-year +shipbuilding plan and to maintain the shipbuilding readiness of the +defense industrial base. Such report shall include each of the +following: + (1) An analysis and estimate of the time and investment + required for new shipbuilders to gain proficiency in particular + shipbuilding occupational specialties, including detailed + information about the occupational specialty requirements necessary + for construction of naval surface ship and submarine classes to be + included in the Navy's 30-year shipbuilding plan. + (2) An analysis of the age demographics and occupational + experience level (measured in years of experience) of the + shipbuilding defense industrial workforce. + (3) An analysis of the potential time and investment challenges + associated with developing and retaining shipbuilding skills in + organizations that lack intermediate levels of shipbuilding + experience. + (4) Recommendations concerning how to address shipbuilder + training during periods of demographic transition, including + whether emerging technologies, such as augmented reality, may aid + in new shipbuilder training. + (5) Recommendations concerning how to encourage young adults to + enter the defense shipbuilding industry and to develop the skills + necessary to support the shipbuilding defense industrial base. +SEC. 1038. USE OF COMPETITIVE PROCEDURES FOR CVN-80 AND CVN-81 DUAL +AIRCRAFT CARRIER CONTRACT. + To the extent practicable and unless otherwise required by law, the +Secretary of the Navy shall ensure that competitive procedures are used +with respect to any task order or delivery order issued under a dual +aircraft carrier contract relating to the CVN-80 and CVN-81. +SEC. 1039. REPORT ON EXPANDING NAVAL VESSEL MAINTENANCE. + (a) Report Required.--Not later than May 1, 2020, the Secretary of +the Navy shall submit to the congressional defense committees a report +on the feasibility and advisability of allowing maintenance to be +performed on a naval vessel at a shipyard other than a homeport +shipyard of the vessel. + (b) Elements.--The report required under subsection (a) shall +include the following: + (1) An assessment of the ability of homeport shipyards to meet + the current naval vessel maintenance demands. + (2) An assessment of the ability of homeport shipyards to meet + the naval vessel maintenance demands of the force structure + assessment requirement of the Navy for a 355-ship navy. + (3) An assessment of the ability of non-homeport firms to + augment repair work at homeport shipyards, including an assessment + of the following: + (A) The capability and proficiency of shipyards in the + Great Lakes, Gulf Coast, East Coast, West Coast, and Alaska + regions to perform technical repair work on naval vessels at + locations other than their homeports. + (B) The improvements to the capability and capacity of + shipyards in the Great Lakes, Gulf Coast, East Coast, West + Coast, and Alaska regions that would be required to enable + performance of technical repair work on naval vessels at + locations other than their homeports. + (C) The types of naval vessels (such as noncombatant + vessels or vessels that only need limited periods of time in + shipyards) best suited for repair work performed by shipyards + in locations other than their homeports. + (D) The potential benefits to fleet readiness of expanding + shipyard repair work to include shipyards not located at the + homeports of naval vessels. + (E) The ability of non-homeport firms to maintain surge + capacity when homeport shipyards lack the capacity or + capability to meet homeport requirements. + (4) An assessment of the potential benefits of expanding repair + work for naval vessels to shipyards not eligible for short-term + work in accordance with section 8669a(c) of title 10, United States + Code. + (5) Such other related matters as the Secretary of the Navy + considers appropriate. + (c) Rules of Construction.-- + (1) Requirements relating to construction of combatant and + escort vessels and assignment of vessel projects.--Nothing in this + section may be construed to override the requirements of section + 8669a of title 10, United States Code. + (2) No funding for shipyards of non-homeport firms.--Nothing in + this section may be construed to authorize funding for shipyards of + non-homeport firms. + (d) Definitions.--In this section: + (1) Homeport shipyard.--The term ``homeport shipyard'' means a + shipyard associated with a firm capable of being awarded short-term + work at the homeport of a naval vessel in accordance with section + 8669a(c) of title 10, United States Code. + (2) Short-term work.--The term ``short-term work'' has the + meaning given that term in section 8669a(c)(4) of such title. Subtitle D--Counterterrorism -SEC. 1021. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR - RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL - STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES. - +SEC. 1041. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS TO COMBAT +TERRORISM. + Section 127e of title 10, United States Code, is amended-- + (1) in subsection (a), by inserting ``authorized'' before + ``ongoing''; and + (2) in subsection (d)(2)-- + (A) in subparagraph (A), by inserting ``and a description + of the authorized ongoing operation'' before the period at the + end; + (B) by redesignating subparagraph (C) as subparagraph (D); + (C) by striking subparagraphs (B) and inserting the + following new subparagraphs after subparagraph (A): + ``(B) A description of the foreign forces, irregular + forces, groups, or individuals engaged in supporting or + facilitating the authorized ongoing operation who will receive + support provided under this section. + ``(C) A detailed description of the support provided or to + be provided to the recipient.''; and + (D) by adding at the end the following new subparagraphs: + ``(E) A detailed description of the legal and operational + authorities related to the authorized ongoing operation, + including relevant execute orders issued by the Secretary of + Defense and combatant commanders related to the authorized + ongoing operation, including an identification of operational + activities United States Special Operations Forces are + authorized to conduct under such execute orders. + ``(F) The duration for which the support is expected to be + provided and an identification of the timeframe in which the + provision of support will be reviewed by the combatant + commander for a determination regarding the necessity of + continuation of support.''. +SEC. 1042. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR +RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, +GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES. + Section 1035 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking +``December 31, 2019'' and inserting ``December 31, 2020''. +SEC. 1043. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR +RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, +GUANTANAMO BAY, CUBA, TO THE UNITED STATES. Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2020''. - -SEC. 1022. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR - MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES - TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO - BAY, CUBA. - +SEC. 1044. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR +MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED +FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2020''. - -SEC. 1023. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR - RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL - STATION, GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES. - - Section 1035 of the John S. McCain National Defense Authorization -Act for Fiscal Year 2018 (Public Law 115-232) is amended by striking -``December 31, 2019'' and inserting ``December 31, 2020''. - -SEC. 1024. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR - RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, - GUANTANAMO BAY, CUBA. - +SEC. 1045. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR +RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, +CUBA. Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as amended by section 1032 of the John S. McCain National Defense Authorization Act for -Fiscal Year 2019 (Public Law 115-232), is further amended by striking -``or 2019'' and inserting ``, 2019, or 2020''. - -SEC. 1025. AUTHORITY TO TRANSFER INDIVIDUALS DETAINED AT UNITED STATES - NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES - TEMPORARILY FOR EMERGENCY OR CRITICAL MEDICAL TREATMENT. - - (a) Temporary Transfer for Medical Treatment.--Notwithstanding -section 1033 of the John S. McCain National Defense Authorization Act -for Fiscal Year 2019 (Public Law 115-232), or any similar provision of -law enacted after September 30, 2015, the Secretary of Defense may, -after consultation with the Secretary of Homeland Security, temporarily -transfer an individual detained at Guantanamo to a Department of -Defense medical facility in the United States for the sole purpose of -providing the individual medical treatment if the Secretary of Defense -determines that-- - (1) the medical treatment of the individual is necessary to - prevent death or imminent significant injury or harm to the - health of the individual; - (2) the necessary medical treatment is not available to be - provided at United States Naval Station, Guantanamo Bay, Cuba, - without incurring excessive and unreasonable costs; and - (3) the Department of Defense has provided for appropriate - security measures for the custody and control of the individual - during any period in which the individual is temporarily in the - United States under this section. - (b) Limitation on Exercise of Authority.--The authority of the -Secretary of Defense under subsection (a) may be exercised only by the -Secretary of Defense or another official of the Department of Defense -at the level of Under Secretary of Defense or higher. - (c) Conditions of Transfer.--An individual who is temporarily -transferred under the authority in subsection (a) shall-- - (1) while in the United States, remain in the custody and - control of the Secretary of Defense at all times; and - (2) be returned to United States Naval Station, Guantanamo - Bay, Cuba, as soon as feasible after a Department of Defense - physician determines, in consultation with the Commander, Joint - Task Force-Guantanamo Bay, Cuba, that any necessary follow-up - medical care may reasonably be provided the individual at - United States Naval Station, Guantanamo Bay. - (d) Status While in United States.--An individual who is -temporarily transferred under the authority in subsection (a), while in -the United States-- - (1) shall be deemed at all times and in all respects to be - in the uninterrupted custody of the Secretary of Defense, as - though the individual remained physically at United States - Naval Station, Guantanamo Bay, Cuba; - (2) shall not at any time be subject to, and may not apply - for or obtain, or be deemed to enjoy, any right, privilege, - status, benefit, or eligibility for any benefit under any - provision of the immigration laws (as defined in section - 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. - 1101(a)(17)), or any other law or regulation; - (3) shall not be permitted to avail himself of any right, - privilege, or benefit of any law of the United States beyond - those available to individuals detained at United States Naval - Station, Guantanamo Bay; and - (4) shall not, as a result of such transfer, have a change - in any designation that may have attached to that detainee - while detained at United States Naval Station, Guantanamo Bay, - pursuant to the Authorization for Use of Military Force (Public - Law 107-40), as determined in accordance with applicable law - and regulations. - (e) No Cause of Action.--Any decision to transfer or not to -transfer an individual made under the authority in subsection (a) shall -not give rise to any claim or cause of action. - (f) Limitation on Judicial Review.-- - (1) Limitation.--Except as provided in paragraph (2), no - court, justice, or judge shall have jurisdiction to hear or - consider any claim or action against the United States or its - departments, agencies, officers, employees, or agents arising - from or relating to any aspect of the detention, transfer, - treatment, or conditions of confinement of an individual - transferred under this section. - (2) Exception for habeas corpus.--The United States - District Court for the District of Columbia shall have - exclusive jurisdiction to consider an application for writ of - habeas corpus seeking release from custody filed by or on - behalf of an individual who is in the United States pursuant to - a temporary transfer under the authority in subsection (a). - Such jurisdiction shall be limited to that required by the - Constitution, and relief shall be only as provided in paragraph - (3). In such a proceeding the court may not review, halt, or - stay the return of the individual who is the object of the - application to United States Naval Station, Guantanamo Bay, - Cuba, pursuant to subsection (c). - (3) Relief.--A court order in a proceeding covered by - paragraph (2)-- - (A) may not order the release of the individual - within the United States; and - (B) shall be limited to an order of release from - custody which, when final, the Secretary of Defense - shall implement in accordance with section 1034 of the - National Defense Authorization Act for Fiscal Year 2016 - (10 U.S.C. 801 note). - (g) Notification.--Whenever a temporary transfer of an individual -detained at Guantanamo is made under the authority of subsection (a), -the Secretary of Defense shall notify the Committees on Armed Services -of the Senate and the House of Representatives of the transfer not -later than five days after the date on which the transfer is made. - (h) Individual Detained at Guantanamo Defined.--In this section, -the term ``individual detained at Guantanamo'' means an individual -located at United States Naval Station, Guantanamo Bay, Cuba, as of -October 1, 2009, who-- - (1) is not a national of the United States (as defined in - section 101(a)(22) of the Immigration and Nationality Act (8 - U.S.C. 1101(a)(22)) or a member of the Armed Forces of the - United States; and - (2) is-- - (A) in the custody or under the control of the - Department of Defense; or - (B) otherwise detained at United States Naval - Station, Guantanamo Bay. - (i) Applicability.--This section shall apply to an individual -temporarily transferred under the authority in subsection (a) -regardless of the status of any pending or completed proceeding or -detention on the date of the enactment of this Act. - -SEC. 1026. CHIEF MEDICAL OFFICER AT UNITED STATES NAVAL STATION, - GUANTANAMO BAY, CUBA. - +Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), is further +amended by striking ``or 2019'' and inserting ``, 2019, or 2020''. +SEC. 1046. CHIEF MEDICAL OFFICER AT UNITED STATES NAVAL STATION, +GUANTANAMO BAY, CUBA. (a) Chief Medical Officer.-- - (1) In general.--There shall be at United States Naval - Station, Guantanamo Bay, Cuba, a Chief Medical Officer of - United States Naval Station, Guantanamo Bay (in this section - referred to as the ``Chief Medical Officer''). - (2) Grade.--The individual serving as Chief Medical Officer - shall be an officer of the Armed Forces who holds a grade not - below the grade of colonel, or captain in the Navy. - (3) Chain of command.--The Chief Medical Officer shall - report to the Assistant Secretary of Defense for Health Affairs - in the performance of duties and the exercise of powers of the - Chief Medical Officer under this section. + (1) In general.--There shall be at United States Naval Station, + Guantanamo Bay, Cuba, a Chief Medical Officer of United States + Naval Station, Guantanamo Bay (in this section referred to as the + ``Chief Medical Officer''). + (2) Grade.--The individual serving as Chief Medical Officer + shall be an officer of the Armed Forces who holds a grade not below + the grade of colonel, or captain in the Navy. + (3) Chain of command.--Notwithstanding sections 162 and 164 of + title 10, United States Code, the Chief Medical Officer shall be + assigned and report to the Assistant Secretary of Defense for + Health Affairs, with duty at United States Naval Station, + Guantanamo Bay, Cuba, in the performance of duties and the exercise + of powers of the Chief Medical Officer under this section. (b) Duties.-- - (1) In general.--The Chief Medical Officer shall oversee - the provision of medical care to individuals detained at - Guantanamo. - (2) Quality of care.--The Chief Medical Officer shall - ensure that medical care provided as described in paragraph (1) - meets applicable standards of care. + (1) In general.--The Chief Medical Officer shall oversee the + provision of medical care to individuals detained at Guantanamo. + (2) Quality of care.--The Chief Medical Officer shall ensure + that medical care provided as described in paragraph (1) meets + applicable standards of care. (c) Powers.-- - (1) In general.--The Chief Medical Officer shall make - medical determinations relating to medical care for individuals - detained at Guantanamo, including-- - (A) decisions regarding assessment, diagnosis, and - treatment; and - (B) determinations concerning medical - accommodations to living conditions and operating - procedures for detention facilities. - (2) Resolution of declination to follow determinations.--If - the commander of Joint Task Force Guantanamo declines to follow - a determination of the Chief Medical Officer under paragraph - (1), the matter covered by such determination shall be jointly - resolved by the Assistant Secretary of Defense for Special - Operations and Low Intensity Conflict and the Assistant - Secretary of Defense for Health Affairs not later than seven - days after receipt of notification of the matter by either - Assistant Secretary. - (3) Security clearances.--The appropriate departments or - agencies of the Federal Government shall, to the extent - practicable in accordance with existing procedures and - requirements, process expeditiously any application and - adjudication for a security clearance required by the Chief - Medical Officer to carry out the Chief Medical Officer's duties - and powers under this section. + (1) In general.--The Chief Medical Officer shall make medical + determinations relating to medical care for individuals detained at + Guantanamo, including-- + (A) decisions regarding assessment, diagnosis, and + treatment; and + (B) determinations concerning medical accommodations to + living conditions and operating procedures for detention + facilities. + (2) Resolution of declination to follow determinations.--If the + commander of Joint Task Force Guantanamo or the Commander of United + States Southern Command declines to follow a determination of the + Chief Medical Officer under paragraph (1), the matter covered by + such determination shall be resolved by the Assistant Secretary of + Defense for Health Affairs, in consultation with the Assistant + Secretary of Defense for Special Operations and Low Intensity + Conflict, not later than seven days after receipt by both Assistant + Secretaries of written notification of the matter from the Chief + Medical Officer. + (3) Security clearances.--The appropriate departments or + agencies of the Federal Government shall, to the extent practicable + in accordance with existing procedures and requirements, process + expeditiously any application and adjudication for a security + clearance required by the Chief Medical Officer to carry out the + Chief Medical Officer's duties and powers under this section. (d) Access to Individuals, Information, and Assistance.-- - (1) In general.--The Chief Medical Officer may secure - directly from the Department of Defense access to any - individual, information, or assistance that the Chief Medical - Officer considers necessary to enable the Chief Medical Officer - to carry out this section, including full access to the - following: - (A) Any individual detained at Guantanamo. - (B) Any medical records of any individual detained - at Guantanamo. - (C) Medical professionals of the Department who are - working, or have worked, at United States Naval - Station, Guantanamo Bay. - (2) Access upon request.--Upon request of the Chief Medical - Officer, the Department shall make available to the Chief - Medical Officer on an expeditious basis access to individuals, - information, and assistance as described in paragraph (1). - (3) Lack of expeditious availability.--If access to - individuals, information, or assistance is not made available - to the Chief Medical Officer upon request on an expeditious - basis as required by paragraph (2), the Chief Medical Officer - shall notify the Assistant Secretary of Defense for Health - Affairs, who shall take actions to resolve the matter - expeditiously. + (1) In general.--The Chief Medical Officer may secure directly + from the Department of Defense access to any individual, + information, or assistance that the Chief Medical Officer considers + necessary to enable the Chief Medical Officer to carry out this + section, including full access to the following: + (A) Any individual detained at Guantanamo. + (B) Any medical records of any individual detained at + Guantanamo. + (C) Medical professionals of the Department who are + working, or have worked, at United States Naval Station, + Guantanamo Bay. + (2) Access upon request.--Upon request of the Chief Medical + Officer, the Department shall make available to the Chief Medical + Officer on an expeditious basis access to individuals, information, + and assistance as described in paragraph (1). + (3) Lack of expeditious availability.--If access to + individuals, information, or assistance is not made available to + the Chief Medical Officer upon request on an expeditious basis as + required by paragraph (2), the Chief Medical Officer shall notify + the Assistant Secretary of Defense for Health Affairs and the + Assistant Secretary of Defense for Special Operations and Low + Intensity Conflict, who shall take actions to resolve the matter + expeditiously. (e) Definitions.--In this section: - (1) Individual detained at guantanamo defined.--The term - ``individual detained at Guantanamo'' means an individual - located at United States Naval Station, Guantanamo Bay, Cuba, - as of October 1, 2009, who-- - (A) is not a national of the United States (as - defined in section 101(a)(22) of the Immigration and - Nationality Act (8 U.S.C. 1101(a)(22)) or a member of - the Armed Forces of the United States; and - (B) is-- - (i) in the custody or under the control of - the Department of Defense; or - (ii) otherwise detained at United States - Naval Station, Guantanamo Bay. - (2) Medical care.--The term ``medical care'' means physical - and mental health care. - (3) Standard of care.--The term ``standard of care'' means - evaluation and treatment that is accepted by medical experts - and reflected in peer-reviewed medical literature as the - appropriate medical approach for a condition, symptoms, - illness, or disease and that is widely used by healthcare - professionals. + (1) Individual detained at guantanamo defined.--The term + ``individual detained at Guantanamo'' means an individual located + at United States Naval Station, Guantanamo Bay, Cuba, as of October + 1, 2009, who-- + (A) is not a national of the United States (as defined in + section 101(a)(22) of the Immigration and Nationality Act (8 + U.S.C. 1101(a)(22)) or a member of the Armed Forces of the + United States; and + (B) is-- + (i) in the custody or under the control of the + Department of Defense; or + (ii) otherwise detained at United States Naval Station, + Guantanamo Bay. + (2) Medical care.--The term ``medical care'' means physical and + mental health care. + (3) Standard of care.--The term ``standard of care'' means + evaluation and treatment that is accepted by medical experts and + reflected in peer-reviewed medical literature as the appropriate + medical approach for a condition, symptoms, illness, or disease and + that is widely used by healthcare professionals. +SEC. 1047. INDEPENDENT ASSESSMENT ON GENDER AND COUNTERING VIOLENT +EXTREMISM. + (a) In General.--The Secretary of Defense, in consultation with the +Secretary of State, shall seek to enter into a contract with a +nonprofit entity or a federally funded research and development center +independent of the Department of Defense and the Department of State to +conduct research and analysis on the relationship between gender and +violent extremism. + (b) Elements.--The research and analysis conducted under subsection +(a) shall include consideration of the following: + (1) The probable causes and historical trends of women's + participation in violent extremist organizations. + (2) Potential ways in which women's participation in violent + extremism is likely to change in the near- and medium-term. + (3) The relationship between violent extremism and each of the + following: + (A) Gender-based violence, abduction, and human + trafficking. + (B) The perceived role or value of women at the community + level, including with respect to property and inheritance + rights and bride-price and dowry. + (C) Community opinions of killing or harming of women. + (D) Violations of girls' rights, including child, early, + and forced marriage and access to education. + (4) Ways for the Department of Defense to engage and support + women and girls who are vulnerable to extremist behavior and + activities as a means to counter violent extremism and terrorism. + (c) Utilization.--The Secretary of Defense and the Secretary of +State shall utilize the results of the research and analysis conducted +under subsection (a) to inform the strategic and operational objectives +of the geographic combatant command, where appropriate. Such +utilization shall be in accordance with the Women, Peace, and Security +Act of 2017 (Public Law 115-68; 22 U.S.C. 2152j et seq.). + (d) Reports.-- + (1) In general.--Not later than 270 days after the date of the + enactment of this Act, the nonprofit entity or federally funded + research and development center with which the Secretary of Defense + enters into the contract under subsection (a) shall submit to the + Secretary of Defense and Secretary of State a report on the results + of the research and analysis required by subsection (a). + (2) Submission to congress.--Not later than one year after the + date of the enactment of this Act, the Secretary of Defense shall + submit to the appropriate congressional committees each of the + following: + (A) A copy of the report submitted under paragraph (1) + without change. + (B) Any comments, changes, recommendations, or other + information provided by the Secretary of Defense and the + Secretary of State relating to the research and analysis + required by subsection (a) and contained in such report. + (3) Appropriate congressional committees.--In this paragraph, + the term ``appropriate congressional committees'' means-- + (A) the congressional defense committees; + (B) the Committee on Foreign Relations of the Senate and + the Committee on Foreign Affairs of the House of + Representatives; and + (C) the Permanent Select Committee on Intelligence of the + House of Representatives and the Select Committee on + Intelligence of the Senate. Subtitle E--Miscellaneous Authorities and Limitations -SEC. 1031. CLARIFICATION OF AUTHORITY OF MILITARY COMMISSIONS UNDER - CHAPTER 47A OF TITLE 10, UNITED STATES CODE, TO PUNISH - CONTEMPT. +SEC. 1051. SCHEDULING OF DEPARTMENT OF DEFENSE EXECUTIVE AIRCRAFT +CONTROLLED BY SECRETARIES OF MILITARY DEPARTMENTS. + (a) In General.--Chapter 2 of title 10, United States Code, is +amended by adding at the end the following new section: +``Sec. 120. Department of Defense executive aircraft controlled by + Secretaries of military departments + ``(a) In General.--The Secretary of Defense shall ensure that the +Chief of the Air Force Special Air Mission Office is given the +responsibility for coordination of scheduling all Department of Defense +executive aircraft controlled by the Secretaries of the military +departments in order to support required use travelers. + ``(b) Responsibilities.--(1) Not later than 180 days after the date +of the enactment of this section, the Secretary of each of the military +departments shall execute a memorandum of understanding with the Air +Force Special Air Mission Office regarding oversight and management of +executive aircraft controlled by that military department. + ``(2) The Secretary of Defense shall be responsible for +prioritizing travel when requests exceed available executive airlift +capability. + ``(3) The Secretary of a military department shall maintain overall +authority for scheduling the required use travelers of that military +department on executive aircraft controlled by the Secretary. When an +executive aircraft controlled by the Secretary of a military department +is not supporting required use travelers of that military department, +the Secretary of the military department shall make such executive +aircraft available for scheduling of other required use travelers. + ``(c) Limitations.--(1) The Secretary of Defense may not establish +a new command and control organization to support aircraft. + ``(2) No executive aircraft controlled by the Secretary of a +military department may be permanently stationed at any location +without a required use traveler without the approval of the Secretary +of Defense. + ``(d) Definitions.--In this section: + ``(1) The term `required use traveler' has the meaning given + such term in Department of Defense directive 4500.56, as in effect + on the date of the enactment of this section. + ``(2) The term `executive aircraft' has the meaning given such + term in Department of Defense directive 4500.43, as in effect on + the date of the enactment of this section.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter is amended by adding at the end the following new item: + +``120. Department of Defense executive aircraft controlled by + Secretaries of military departments.''. +SEC. 1052. EXPLOSIVE ORDNANCE DEFENSE DISPOSAL PROGRAM. + (a) Roles, Responsibilities, and Authorities.--Subsection (b) of +section 2284 of title 10, United States Code, is amended-- + (1) by redesignating paragraph (2) as paragraph (3); + (2) in paragraph (1)-- + (A) in subparagraph (A), by inserting ``and'' after the + semicolon; + (B) by redesignating subparagraph (B) as paragraph (2), + moving it to appear after paragraph (1), and adjusting the + margins accordingly; + (C) by redesignating subparagraph (C) as subparagraph (B); + (D) in subparagraph (B), as so redesignated-- + (i) by striking ``joint program executive officer who'' + and inserting ``training and technology program that''; + (ii) by inserting ``, provides common individual + training,'' after ``explosive ordnance disposal''; + (iii) by striking ``and procurement''; + (iv) by inserting ``for common tools'' after + ``activities''; + (v) by striking ``and combatant commands''; and + (E) by striking subparagraphs (D) and (E); + (3) in paragraph (2), as redesignated by paragraph (2)(B) of + this subsection, by inserting ``(A)'' after ``paragraph (1)''; + (4) in paragraph (3), as redesignated by paragraph (1) of this + subsection, by striking ``such as weapon systems, manned and + unmanned vehicles and platforms, cyber and communication equipment, + and the integration of explosive ordnance disposal sets, kits and + outfits and explosive ordnance disposal tools, equipment, sets, + kits, and outfits developed by the department.'' and inserting ``; + and''; and + (5) by adding at the end the following new paragraph: + ``(4) the Secretary of the Army shall designate an Army + explosive ordnance disposal-qualified general officer to serve as + the co-chair of the Department of Defense explosive ordnance + disposal defense program.''. + (b) Definitions.--Such section is further amended by adding at the +end the following new subsection: + ``(d) Definitions.--In this section: + ``(1) The term `explosive ordnance' has the meaning given such + term in section 283(d) of this title. + ``(2) The term `explosive ordnance disposal' means the + detection, identification, on-site evaluation, rendering safe, + exploitation, recovery, and final disposal of explosive + ordnance.''. +SEC. 1053. TECHNICAL CORRECTION AND EXTENSION OF REPORTING REQUIREMENT +REGARDING ENHANCEMENT OF INFORMATION SHARING AND COORDINATION OF +MILITARY TRAINING BETWEEN DEPARTMENT OF HOMELAND SECURITY AND +DEPARTMENT OF DEFENSE. + Section 1014 of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328) is amended-- + (1) by striking ``section 371 of title 10, United States Code'' + each place it appears and inserting ``section 271 of title 10, + United States Code''; and + (2) in subsection (d)(3) by striking ``January 31, 2020'' and + inserting ``December 31, 2022''. +SEC. 1054. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT. + Section 1055(b) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended-- + (1) in paragraph (2)-- + (A) by redesignating subparagraph (C) as subparagraph (E); + and + (B) by inserting after subparagraph (B) the following new + subparagraphs: + ``(C) A description of the required duration of the + support. + ``(D) A description of the initial costs for the + support.''; and + (2) by adding at the end the following new paragraph: + ``(5) Sustainment costs.--If the Secretary determines that + sustainment costs will be incurred as a result of the provision of + defense sensitive support, the Secretary, not later than 15 days + after the initial provision of such support, shall certify to the + congressional defense committees (and the congressional + intelligence committees with respect to matters relating to members + of the intelligence community) that such sustainment costs will not + interfere with the ability of the Department to execute operations, + accomplish mission objectives, and maintain readiness.''. +SEC. 1055. REVISION TO AUTHORITIES RELATING TO MAIL SERVICE FOR MEMBERS +OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIANS OVERSEAS. + (a) Eligibility for Free Mail.--Section 3401(a) of title 39, United +States Code, is amended to read as follows: + ``(a)(1) First-class letter mail having the character of personal +correspondence shall be carried, at no cost to the sender, in the +manner provided by this section, when mailed by an eligible individual +described in paragraph (2) and addressed to a place within the delivery +limits of a United States post office, if-- + ``(A) such letter mail is mailed by the eligible individual at + an Armed Forces post office established in an overseas area + designated by the President, where the Armed Forces of the United + States are deployed for a contingency operation as determined by + the Secretary of Defense; or + ``(B) the eligible individual is hospitalized as a result of + disease or injury incurred as a result of service in an overseas + area designated by the President under subparagraph (A). + ``(2) An eligible individual described in this paragraph is-- + ``(A) a member of the Armed Forces of the United States on + active duty, as defined in section 101 of title 10; or + ``(B) a civilian employee of the Department of Defense or a + military department who is providing support to military + operations.''. + (b) Surface Shipment of Mail Authorized.--Section 3401 of title 39, +United States Code, is amended-- + (1) by striking subsection (c); + (2) by redesignating subsections (d), (e), (f), and (g) as + subsections (c), (d), (e), and (f), respectively; and + (3) by amending subsection (b) to read as follows: + ``(b) There shall be transported by surface or air, consistent with +the service purchased by the mailer, between Armed Forces post offices +or from an Armed Forces post office to a point of entry into the United +States, the following categories of mail matter which are mailed at any +such Armed Forces post office: + ``(1) Letter mail communications having the character of + personal correspondence. + ``(2) Any parcel exceeding 1 pound in weight but less than 70 + pounds in weight and less than 130 inches in length and girth + combined. + ``(3) Publications published not less frequently than once per + week and featuring principally current news of interest to members + of the Armed Forces of the United States and the general public.''. + (c) Technical and Conforming Amendments.-- + (1) Section 3401 of title 39, United States Code, is amended in + the section heading by striking ``and of friendly foreign + nations''. + (2) The table of sections for chapter 34 of title 39, United + States Code, is amended by striking the item relating to section + 3401 and inserting the following: - (a) Clarification.-- - (1) In general.--Subchapter IV of chapter 47A of title 10, - United States Code, is amended by adding at the end the - following new section: -``Sec. 949o-1. Contempt - ``(a) Authority to Punish.--(1) With respect to any proceeding -under this chapter, a judicial officer specified in paragraph (2) may -punish for contempt any person who-- - ``(A) uses any menacing word, sign, or gesture in the - presence of the judicial officer during the proceeding; - ``(B) disturbs the proceeding by any riot or disorder; or - ``(C) willfully disobeys a lawful writ, process, order, - rule, decree, or command issued with respect to the proceeding. - ``(2) A judicial officer referred to in paragraph (1) is any of the -following: - ``(A) Any judge of the United States Court of Military - Commission Review. - ``(B) Any military judge detailed to a military commission - or any other proceeding under this chapter. - ``(b) Punishment.--The punishment for contempt under subsection (a) -may not exceed confinement for 30 days, a fine of $1,000, or both. - ``(c) Review.--(1) A punishment under this section-- - ``(A) is not reviewable by the convening authority of a - military commission under this chapter; - ``(B) if imposed by a military judge, shall constitute a - judgment, subject to review in the first instance only by the - United States Court of Military Commission Review and then only - by the United States Court of Appeals for the District of - Columbia Circuit; and - ``(C) if imposed by a judge of the United States Court of - Military Commission Review, shall constitute a judgment of the - court subject to review only by the United States Court of - Appeals for the District of Columbia Circuit. - ``(2) In reviewing a punishment for contempt imposed under this -section, the reviewing court shall affirm such punishment unless the -court finds that imposing such punishment was an abuse of the -discretion of the judicial officer who imposed such punishment. - ``(3) A petition for review of punishment for contempt imposed -under this section shall be filed not later than 60 days after the date -on which the authenticated record upon which the contempt punishment is -based and any contempt proceedings conducted by the judicial officer -are served on the person punished for contempt. - ``(d) Punishment Not Conviction.--Punishment for contempt is not a -conviction or sentence within the meaning of section 949m of this -title. The imposition of punishment for contempt is not governed by -other provisions of this chapter applicable to military commissions, -except that the Secretary of Defense may prescribe procedures for -contempt proceedings and punishments, pursuant to the authority -provided in section 949a of this title.''. - (2) Clerical amendment.--The table of sections at the - beginning of subchapter IV of such chapter is amended by adding - at the end the following new item: - -``949o-1. Contempt.''. - (b) Conforming Amendments.--Section 950t of title 10, United States -Code, is amended-- - (1) by striking paragraph (31); and - (2) by redesignating paragraph (32) as paragraph (31). - (c) Rule of Construction.--The amendments made by subsections (a) -and (b) shall not be construed to affect the lawfulness of any -punishment for contempt adjudged prior to the effective date of such -amendments. - (d) Applicability.--The amendments made by subsections (a) and (b) -shall take effect on the date of the enactment of this Act, and shall -apply with respect to conduct by a person that occurs on or after such -date. +``3401. Mailing privileges of members of Armed Forces of the United + States.''. +SEC. 1056. ACCESS TO AND USE OF MILITARY POST OFFICES BY UNITED STATES +CITIZENS EMPLOYED OVERSEAS BY THE NORTH ATLANTIC TREATY ORGANIZATION +WHO PERFORM FUNCTIONS IN SUPPORT OF MILITARY OPERATIONS OF THE ARMED +FORCES. + Section 406 of title 39, United States Code, is amended by adding +at the end the following: + ``(c)(1) The Secretary of Defense may authorize the use of a post +office established under subsection (a) in a location outside the +United States by citizens of the United States-- + ``(A) who-- + ``(i) are employed by the North Atlantic Treaty + Organization; and + ``(ii) perform functions in support of the Armed Forces of + the United States; and + ``(B) if the Secretary makes a written determination that such + use is-- + ``(i) in the best interests of the Department of Defense; + and + ``(ii) otherwise authorized by applicable host nation law + or agreement. + ``(2) No funds may be obligated or expended to establish, maintain, +or expand a post office established under subsection (a) for the +purpose of use described in paragraph (1) of this subsection.''. +SEC. 1057. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE INTELLIGENCE +AND COUNTERINTELLIGENCE ACTIVITIES. + (a) In General.--Subject to subsections (b) and (c), the Secretary +of Defense may expend amounts made available for the Military +Intelligence Program for any of fiscal years 2020 through 2025 for +intelligence and counterintelligence activities for any purpose the +Secretary determines to be proper with regard to intelligence and +counterintelligence objects of a confidential, extraordinary, or +emergency nature. Such a determination is final and conclusive upon the +accounting officers of the United States. + (b) Limitation on Amount.--The Secretary of Defense may not expend +more than five percent of the amounts described in subsection (a) for +any fiscal year for objects described in that subsection unless-- + (1) the Secretary notifies the congressional defense committees + and the congressional intelligence committees of the intent to + expend the amounts and purpose of the expenditure; and + (2) 30 days have elapsed from the date on which the Secretary + provides the notice described in paragraph (1). + (c) Certification.--For each expenditure of funds under this +section, the Secretary shall certify that such expenditure was made for +an object of a confidential, extraordinary, or emergency nature. + (d) Report.--Not later than December 31 of each of 2020 through +2025, the Secretary of Defense shall submit to the congressional +defense committees and the congressional intelligence committees a +report on expenditures made under this section during the fiscal year +preceding the year in which the report is submitted. Each such report +shall include, for each expenditure under this section during the +fiscal year covered by the report, a description, the purpose, the +program element, and the certification required under section (c). + (e) Limitation on Delegations.--The Secretary of Defense may not +delegate the authority under this section with respect to any +expenditure in excess of $100,000. + (f) Congressional Intelligence Committees Defined.--In this +section, the term ``congressional intelligence committees'' means-- + (1) the Select Committee on Intelligence of the Senate; and + (2) the Permanent Select Committee on Intelligence of the House + of Representatives. +SEC. 1058. LIMITATION ON USE OF FUNDS FOR THE INACTIVATION OF ARMY +WATERCRAFT UNITS. + None of the funds authorized to be appropriated by this Act or +otherwise made available for fiscal year 2020 may be obligated or +expended for the inactivation of any Army watercraft unit until the +Secretary of Defense submits to Congress certification that-- + (1) the Secretary has completed the Army Watercraft + Requirements Review; and + (2) the Secretary has entered into a contract with a federally + funded research and development corporation for the review of the + ability of the Army to meet the watercraft requirements of the + combatant commanders and the effects on preparedness to provide + support to States and territories in connection with natural + disasters, threats, and emergencies. -SEC. 1032. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON COLLECTIVE - SELF-DEFENSE. + TITLE XI--CIVILIAN PERSONNEL MATTERS - (a) Comprehensive Policy Required.--The Secretary of Defense shall -prescribe a comprehensive written policy for the Department of Defense -on the issuance of authorization for, and the provision by members and -units of the United States Armed Forces of, collective self-defense to -designated foreign nationals, their facilities, and their property. - (b) Elements.--The policy required by subsection (a) shall address -the following: - (1) Each basis under domestic and international law - pursuant to which a member or unit of the United States Armed - Forces has been or may be authorized to provide collective - self-defense to designated foreign nationals, their facilities, - or their property under each circumstance as follows: - (A) Inside an area of active hostilities, or in a - country or territory in which United States forces are - authorized to conduct or support direct action - operations. - (B) Outside an area of active hostilities, or in a - country or territory in which United States forces are - not authorized to conduct direct action military - operations. - (C) When United States personnel, facilities, or - equipment are not threatened, including both as - described in subparagraph (A) and as described in - subparagraph (B). - (D) When members of the United States Armed Forces - are not participating in a military operation as part - of an international coalition. - (E) Any other circumstance not encompassed by - subparagraphs (A) through (D) in which a member or unit - of the United States Armed Forces has been or may be - authorized to provide such collective self-defense. - (2) A list and explanation of any limitations imposed by - law or policy on the provision of collective self-defense to - designated foreign nationals, their facilities, and their - property under any of the bases in domestic or international - law in the circumstances enumerated in paragraph (1), and the - conditions under which any such limitation applies. - (3) The procedure by which a proposal that any member or - unit of the United States Armed Forces provide collective self- - defense in support of designated foreign nationals, their - facilities, and their property is to be submitted, processed, - and endorsed through offices, officers, and officials of the - Department to the applicable approval authority for final - decision, and a list of any information, advice, or opinion to - be included with such proposal in order to inform appropriate - action on such proposal by such approval authority. - (4) The title and duty position of any officers and - officials of the Department empowered to render a final - decision on a proposal described in paragraph (3), and the - conditions applicable to, and limitations on, the exercise of - such decisionmaking authority by each such officer or official. - (5) A description of the Rules of Engagement applicable to - the provision of collective self-defense to designated foreign - nationals, their facilities, and their property under any of - the bases in domestic or international law in the circumstances - enumerated in paragraph (1), and the conditions under which any - such Rules of Engagement would be modified. - (6) A description of the process through which policy - guidance pertaining to the authorization for, and the provision - by members of the United States Armed Forces of, collective - self-defense to designated foreign nationals, their facilities, - and their property is to be disseminated to the level of - tactical execution. - (7) Such other matters as the Secretary considers - appropriate. - (c) Report on Policy.-- - (1) In general.--Not later than 60 days after the date of - the enactment of this Act, the Secretary shall submit to the - congressional defense committees a report setting forth the - policy required by subsection (a). - (2) DoD general counsel statement.--The Secretary shall - include in the report under paragraph (1) a statement by the - General Counsel of the Department of Defense as to whether the - policy prescribed pursuant to subsection (a) is consistent with - domestic and international law. - (3) Form.--The report required by paragraph (1) may be - submitted in classified form. - (d) Briefing on Policy.--Not later than 30 days after the date of -the submittal of the report required by subsection (c), the Secretary -shall provide the congressional defense committees a classified -briefing on the policy prescribed pursuant to subsection (a). The -briefing shall make use of vignettes designated to illustrate real -world application of the policy in each the circumstances enumerated in -subsection (b)(1). + Subtitle A--General Provisions -SEC. 1033. OVERSIGHT OF DEPARTMENT OF DEFENSE EXECUTE ORDERS. +Sec. 1101. Defense Advanced Research Projects Agency personnel + management authority. +Sec. 1102. Report on the probationary period for Department of Defense + employees. +Sec. 1103. Civilian personnel management. +Sec. 1104. One-year extension of temporary authority to grant + allowances, benefits, and gratuities to civilian personnel on + official duty in a combat zone. +Sec. 1105. One-year extension of authority to waive annual limitation on + premium pay and aggregate limitation on pay for Federal + civilian employees working overseas. +Sec. 1106. Performance of civilian functions by military personnel. +Sec. 1107. Extension of direct hire authority for domestic industrial + base facilities and Major Range and Test Facilities Base. +Sec. 1108. Authority to provide additional allowances and benefits for + certain Defense Clandestine Service employees. +Sec. 1109. Modification of direct hire authorities for the Department of + Defense. +Sec. 1110. Designating certain FEHBP and FEGLI services provided by + Federal employees as excepted services under the Anti- + Deficiency Act. +Sec. 1111. Continuing supplemental dental and vision benefits and long- + term care insurance coverage during a Government shutdown. +Sec. 1112. Limitation on transfer of Office of Personnel Management. +Sec. 1113. Assessment of Accelerated Promotion Program suspension. +Sec. 1114. Reimbursement for Federal, State, and local income taxes + incurred during travel, transportation, and relocation. +Sec. 1115. Clarification of limitation on expedited hiring authority for + post-secondary students. +Sec. 1116. Modification of temporary assignments of Department of + Defense employees to a private-sector organization. +Sec. 1117. Extension of authority for part-time reemployment. + + Subtitle B--Fair Chance Act + +Sec. 1121. Short title. +Sec. 1122. Prohibition on criminal history inquiries prior to + conditional offer for Federal employment. +Sec. 1123. Prohibition on criminal history inquiries by contractors + prior to conditional offer. +Sec. 1124. Report on employment of individuals formerly incarcerated in + Federal prisons. + + Subtitle C--ATC Hiring Reform + +Sec. 1131. Short title; definition. +Sec. 1132. Hiring of air traffic control specialists. +Sec. 1133. Ensuring hiring preference for applicants with experience at + an air traffic control facility of the National Guard. +Sec. 1134. FAA reports on air traffic controller hiring and training. +Sec. 1135. DOT Inspector General review and report. - (a) Review of Execute Orders.--Upon a written request by the -Chairman or Ranking Member of a congressional defense committee, the -Secretary of Defense shall provide the committee, including -appropriately designated staff of the committee, with an execute order -approved by the Secretary or the commander of a combatant command for -reveiw within 30 days of receiving the written request. - (b) Exception.-- - (1) In general.--In extraordinary circumstances necessary - to protect operations security, the sensitivity of the execute - order, or other appropriate considerations, the Secretary may - limit review of an execute order. - (2) Summary and other information.--In extraordinary - circumstances described in paragraph (1) with respect to an - execute order, the Secretary shall provide the committee - concerned, including appropriately designated staff of the - committee, a detailed summary of the execute order and other - information necessary for the conduct of the oversight duties - of the committee within 30 days of receiving the written - request under subsection (a). - -SEC. 1034. PROHIBITION ON OWNERSHIP OR TRADING OF STOCKS IN CERTAIN - COMPANIES BY DEPARTMENT OF DEFENSE OFFICERS AND - EMPLOYEES. - - (a) Prohibition on Ownership and Trading by Certain Senior -Officials.-- - (1) Prohibition.--An official of the Department of Defense - described in paragraph (2) may not own or trade a publicly - traded stock of a company if, during the preceding calendar - year, the company received more than $1,000,000,000 in revenue - from the Department of Defense, including through one or more - contracts with the Department. - (2) Department of defense officials.--An official of the - Department of Defense described in this paragraph is any - current Department of Defense official described by section - 847(c) of the National Defense Authorization Act for Fiscal - Year 2008 (10 U.S.C. 1701 note). - (3) Administrative actions.--In the event that an official - of the Department of Defense described in subsection (a) - knowingly fails to comply with the requirements of this - subsection, the Secretary of Defense may take administrative - action against the official, including suspension or - termination, in accordance with the procedures otherwise - applicable to administrative actions against such officials. - (b) Prohibition on Ownership and Trading by All Officers and -Employees.--An officer or employee of the Department of Defense may not -own or trade a publicly traded stock of a company that is a contractor -or subcontractor of the Department if the Office of Standards and -Compliance of the Office of the General Counsel of the Department of -Defense determines that the value of the stock may be directly or -indirectly influenced by any official action of the officer or employee -for the Department. - (c) Inapplicability to Mutual Funds.--For purposes of this section, -publically-traded stock does not include a widely-held investment fund -described in section 102(f)(8) of the Ethics in Government Act of 1978 -(5 U.S.C. App.). - -SEC. 1035. POLICY REGARDING THE TRANSITION OF DATA AND APPLICATIONS TO - THE CLOUD. + Subtitle A--General Provisions - (a) Policy Required.--Not later than 180 days after the date of the -enactment of this Act, the Chief Information Officer of the Department -of Defense and the Chief Data Officer of the Department shall, in -consultation with the J6 of the Joint Staff and the Chief Management -Officer, develop and issue enterprise-wide policy and implementing -instructions regarding the transition of data and applications to the -cloud under the Department cloud strategy in accordance with subsection -(b). - (b) Design.--The policy required by subsection (a) shall be -designed to dramatically improve support to operational missions and -management processes, including by the use of artificial intelligence -and machine learning technologies, by-- - (1) making the data of the Department available to support - new types of analyses; - (2) preventing, to the maximum extent practicable, the - replication in the cloud of data stores that cannot readily be - accessed by applications for which the data stores were not - originally engineered; - (3) ensuring that data sets can be readily discovered and - combined with others to enable new insights and capabilities; - and - (4) ensuring that data and applications are readily - portable and not tightly coupled to a specific cloud - infrastructure or platform. +SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY PERSONNEL +MANAGEMENT AUTHORITY. + Section 1599h(b)(1)(B) of title 10, United States Code, is amended +by striking ``100 positions'' and inserting ``140 positions''. +SEC. 1102. REPORT ON THE PROBATIONARY PERIOD FOR DEPARTMENT OF DEFENSE +EMPLOYEES. + (a) Report.--Not later than 1 year after the date of the enactment +of this Act, the Secretary of Defense shall-- + (1) conduct an independent review on the probationary periods + applicable to Department of Defense employees under section 1599e + of title 10, United States Code; and + (2) submit a report on such review to the Committees on Armed + Services and Oversight and Reform of the House of Representatives + and the Committees on Armed Services and Homeland Security and + Governmental Affairs of the Senate. + (b) Contents.--The review and report under subsection (a) shall +cover the period beginning on the date of the enactment of such section +1599e and ending on December 31, 2018, and include the following: + (1) An assessment and identification of the demographics of + each Department of Defense employee who, during such period, was on + a probationary period and who was removed from the civil service, + subject to any disciplinary action (up to and including removal), + or who filed a claim or appeal with the Office of Special Counsel + or the Equal Employment Opportunity Commission. + (2) A statistical assessment of the distribution patterns with + respect to any removal from the civil service during such period + of, or any disciplinary action (up to and including a removal) + taken during such period against, any Department employee while the + employee was on a probationary period. + (3) An analysis of the best practices and abuses of discretion + by supervisors and managers of the Department with respect to + probationary periods. + (4) An assessment of the utility of the probationary period + prescribed by such section 1599e on the successful recruitment, + retention, and professional development of civilian employees of + the Department, including any recommendation for regulatory or + statutory changes the Secretary determines to be appropriate. + (5) A discussion of the cases where the Department made a + determination to remove a Department employee during the second + year of such employee's probationary period. + (6) A summary of how the Department has implemented the + authority provided in such section 1599e with respect to + probationary periods, including the number, and a demographic + summary, of each Department employee removed from the civil + service, subject to any disciplinary action (up to and including + removal), or who filed a claim or appeal with the Office of Special + Counsel or the Equal Employment Opportunity Commission during the + second year of any such employee's probationary period. + (c) Consultation.--The analysis and recommendations in the report +required under subsection (a) shall be prepared in consultation with +Department of Defense employees and managers, labor organizations +representing such employees, staff of the Office of Special Counsel and +the Equal Employment Opportunity Commission, and attorneys representing +Department employees in wrongful termination actions. +SEC. 1103. CIVILIAN PERSONNEL MANAGEMENT. + Section 129 of title 10, United States Code, is amended-- + (1) in subsection (a)-- + (A) in the first sentence, by striking ``each fiscal year'' + and inserting ``each fiscal year primarily''; and + (B) in the second sentence-- + (i) by striking ``Any'' and inserting ``The management + of such personnel in any fiscal year shall not be subject + solely to any''; and + (ii) by striking ``shall be developed'' and all that + follows through ``changed circumstances''; and + (2) in subsection (c)(2)-- + (A) in each of subparagraphs (A) and (B), by inserting + ``and associated cost'' after each instance of ``projected + size''; and + (B) in subparagraph (B), by striking ``that have been + taken'' and all that follows through the period and inserting + ``to reduce the overall costs of the total force of military, + civilian, and contract workforces.''. +SEC. 1104. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT +ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL +DUTY IN A COMBAT ZONE. + Paragraph (2) of section 1603(a) of the Emergency Supplemental +Appropriations Act for Defense, the Global War on Terror, and Hurricane +Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section +1102 of the Duncan Hunter National Defense Authorization Act for Fiscal +Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently +amended by section 1115 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further +amended by striking ``2020'' and inserting ``2021''. +SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION +ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN +EMPLOYEES WORKING OVERSEAS. + Subsection (a) of section 1101 of the Duncan Hunter National +Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 +Stat. 4615), as most recently amended by section 1104(a) of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232; 132 Stat. 2001), is further amended by striking ``through +2019'' and inserting ``through 2020''. +SEC. 1106. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL. + Subparagraph (B) of paragraph (1) of subsection (g) of section 129a +of title 10, United States Code, is amended to read as follows: + ``(B) such functions may be performed by military personnel + for a period that does not exceed one year if the Secretary of + the military department concerned determines that-- + ``(i) the performance of such functions by military + personnel is required to address critical staffing needs + resulting from a reduction in personnel or budgetary + resources by reason of an Act of Congress; and + ``(ii) the military department concerned is in + compliance with the policies, procedures, and analysis + required by this section and section 129 of this title.''. +SEC. 1107. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC INDUSTRIAL +BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE. + (a) In General.--Subsection (a) of section 1125 of the National +Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), as +amended by subsection (a) of section 1102 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91), is further +amended by striking ``through 2021,'' and inserting ``through 2025,''. + (b) Briefing.--Subsection (b) of such section 1102 is amended by +striking ``fiscal years 2019 and 2021'' and inserting ``fiscal years +2019 through 2025''. +SEC. 1108. AUTHORITY TO PROVIDE ADDITIONAL ALLOWANCES AND BENEFITS FOR +CERTAIN DEFENSE CLANDESTINE SERVICE EMPLOYEES. + Section 1603 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(c) Additional Allowances and Benefits for Certain Employees of +the Defense Clandestine Service.--(1) Beginning on the date on which +the Secretary of Defense submits the report under paragraph (3)(A), in +addition to the authority to provide compensation under subsection (a), +the Secretary may provide a covered employee allowances and benefits +under paragraph (1) of section 9904 of title 5 without regard to the +limitations in that section-- + ``(A) that the employee be assigned to activities outside the + United States; or + ``(B) that the activities to which the employee is assigned be + in support of Department of Defense activities abroad. + ``(2) The Secretary may not provide allowances and benefits under +paragraph (1) to more than 125 covered employees per year. + ``(3)(A) The Secretary shall submit to the appropriate +congressional committees a report containing a strategy addressing the +mission of the Defense Clandestine Service during the period covered by +the most recent future-years defense program submitted under section +221 of this title, including-- + ``(i) how such mission will evolve during such period; + ``(ii) how the authority provided by paragraph (1) will assist + the Secretary in carrying out such mission; and + ``(iii) an implementation plan for carrying out paragraph (1), + including a projection of how much the amount of the allowances and + benefits provided under such paragraph compare with the amount of + the allowances and benefits provided before the date of the report. + ``(B) Not later than December 31, 2020, and each year thereafter, +the Secretary shall submit to the appropriate congressional committees +a report, with respect to the fiscal year preceding the date on which +the report is submitted-- + ``(i) identifying the number of covered employees for whom the + Secretary provided allowances and benefits under paragraph (1); and + ``(ii) evaluating the efficacy of such allowances and benefits + in enabling the execution of the objectives of the Defense + Intelligence Agency. + ``(C) The reports under subparagraphs (A) and (B) may be submitted +in classified form. + ``(4) In this subsection: + ``(A) The term `appropriate congressional committees' means-- + ``(i) the congressional defense committees; and + ``(ii) the Permanent Select Committee on Intelligence of + the House of Representatives and the Select Committee on + Intelligence of the Senate. + ``(B) The term `covered employee' means an employee in a + defense intelligence position who is assigned to the Defense + Clandestine Service at a location in the United States that the + Secretary determines has living costs equal to or higher than the + District of Columbia.''. +SEC. 1109. MODIFICATION OF DIRECT HIRE AUTHORITIES FOR THE DEPARTMENT +OF DEFENSE. + (a) In General.--Section 9905 of title 5, United States Code, is +amended-- + (1) in subsection (a)-- + (A) by amending paragraph (2) to read as follows: + ``(2) Any cyber workforce position.''; and + (B) by adding afer paragraph (4) the following: + ``(5) Any scientific, technical, engineering, or mathematics + positions, including technicians, within the defense acquisition + workforce, or any category of acquisition positions within the + Department designated by the Secretary as a shortage or critical + need category. + ``(6) Any scientific, technical, engineering, or mathematics + position, except any such position within any defense Scientific + and Technology Reinvention Laboratory, for which a qualified + candidate is required to possess a bachelor's degree or an advanced + degree, or for which a veteran candidate is being considered. + ``(7) Any category of medical or health professional positions + within the Department designated by the Secretary as a shortage + category or critical need occupation. + ``(8) Any childcare services position for which there is a + critical hiring need and a shortage of childcare providers. + ``(9) Any financial management, accounting, auditing, + actuarial, cost estimation, operational research, or business or + business administration position for which a qualified candidate is + required to possess a finance, accounting, management or actuarial + science degree or a related degree, or a related degree of + equivalent experience. + ``(10) Any position, as determined by the Secretary, for the + purpose of assisting and facilitating the efforts of the Department + in business transformation and management innovation.''; and + (2) by striking subsection (b) and inserting the following: + ``(b) Sunset.-- + ``(1) In general.--Except as provided in paragraph (2), + effective on September 30, 2025, the authority provided under + subsection (a) shall expire. + ``(2) Exception.--Paragraph (1) shall not apply to the + authority provided under subsection (a) to make appointments to + positions described under paragraph (5) of such subsection. + ``(c) Suspension of Other Hiring Authorities.--During the period +beginning on the effective date of the regulations issued to carry out +the hiring authority with respect to positions described in paragraphs +(5) through (10) of subsection (a) and ending on the date described in +subsection (b)(1), the Secretary of Defense may not exercise or +otherwise use any hiring authority provided under the following +provisions of law: + ``(1) Sections 1599c(a)(2) and 1705(h) of title 10. + ``(2) Sections 1112 and 1113 of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 + Stat. 1033). + ``(3) Sections 1110 and 1643(a)(3) of the National Defense + Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 + Stat. 2450 and 2602). + ``(4) Sections 559 and 1101 of the National Defense + Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 + Stat. 1406 and 1627).''. + (b) Report.-- + (1) In general.--Not later than February 1, 2021, the Secretary + of Defense, in coordination with the Director of the Office of + Personnel Management, shall provide for the conduct of an + independent review and report to the congressional defense + committees and the Committee on Oversight and Reform of the House + of Representatives. + (2) Contents.--The report required under paragraph (1) shall-- + (A) assess and identify steps that could be taken to + improve the competitive hiring process at the Department and + ensure that direct hiring is conducted in a manner consistent + with ensuring a merit based civil service and a diverse + workforce in the Department and the rest of the Federal + Government; and + (B) consider the feasibility and desirability of using + cohort hiring, or hiring ``talent pools'', instead of + conducting all hiring on a position-by-position basis. + (3) Consultation.--The analysis and recommendations in the + report required under paragraph (1) shall be prepared in + consultation with all stakeholders, public sector unions, hiring + managers, career agency, and Office of Personnel Management + personnel specialists, and after a survey of public sector + employees and job applicants. +SEC. 1110. DESIGNATING CERTAIN FEHBP AND FEGLI SERVICES PROVIDED BY +FEDERAL EMPLOYEES AS EXCEPTED SERVICES UNDER THE ANTI-DEFICIENCY ACT. + (a) FEHBP.--Section 8905 of title 5, United States Code, is amended +by adding at the end the following: + ``(i) Any services by an officer or employee under this chapter +relating to enrolling individuals in a health benefits plan under this +chapter, or changing the enrollment of an individual already so +enrolled, shall be deemed, for purposes of section 1342 of title 31, +services for emergencies involving the safety of human life or the +protection of property.''. + (b) FEGLI.--Section 8702 of title 5, United States Code, is amended +by adding at the end the following: + ``(d) Any services by an officer or employee under this chapter +relating to benefits under this chapter shall be deemed, for purposes +of section 1342 of title 31, services for emergencies involving the +safety of human life or the protection of property.''. + (c) Regulations.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Office of Personnel Management shall + prescribe regulations to carry out the amendments made by + subsections (a) and (b). + (2) Pay status for furloughed employees.--The regulations + prescribed under paragraph (1) for the amendments made by + subsection (a) shall provide that an employee furloughed as result + of a lapse in appropriations shall, during such lapse, be deemed to + be in a pay status for purposes of enrolling or changing the + enrollment (as the case may be) of that employee under chapter 89 + of title 5, United States Code. + (d) Application.--The amendments made by subsection (a) and (b) +shall apply to any lapse in appropriations beginning on or after the +date of enactment of this Act. +SEC. 1111. CONTINUING SUPPLEMENTAL DENTAL AND VISION BENEFITS AND LONG- +TERM CARE INSURANCE COVERAGE DURING A GOVERNMENT SHUTDOWN. + (a) In General.--Title 5, United States Code, is amended-- + (1) in section 8956, by adding at the end the following: + ``(d) Coverage under a dental benefits plan under this chapter for +any employee or a covered TRICARE-eligible individual enrolled in such +a plan and who, as a result of a lapse in appropriations, is furloughed +or excepted from furlough and working without pay shall continue during +such lapse and may not be cancelled as a result of nonpayment of +premiums or other periodic charges due to such lapse.''; + (2) in section 8986, by adding at the end the following: + ``(d) Coverage under a vision benefits plan under this chapter for +any employee or a covered TRICARE-eligible individual enrolled in such +a plan and who, as a result of a lapse in appropriations, is furloughed +or excepted from furlough and working without pay shall continue during +such lapse and may not be cancelled as a result of nonpayment of +premiums or other periodic charges due to such lapse.''; and + (3) in section 9003, by adding at the end the following: + ``(e) Effect of Government Shutdown.--Coverage under a master +contract under this chapter for long-term care insurance for an +employee or member of the uniformed services enrolled under such +contract and who, due to a lapse in appropriations, is furloughed or +excepted from furlough and working without pay shall continue during +such lapse and may not be cancelled as a result of nonpayment of +premiums or other periodic charges due to such lapse.''. + (b) Regulations.-- + (1) In general.--Consistent with paragraph (2), the Director of + the Office of Personnel Management shall prescribe regulations + under which premiums for supplemental dental, supplemental vision, + or long-term care insurance under chapter 89A, 89B, or 90 + (respectively) of title 5, United States Code, (as amended by + subsection (a)) that are unpaid by an employee, a covered TRICARE- + eligible individual, or a member of the uniformed services (as the + case may be), as a result of that employee, covered TRICARE- + eligible individual, or member being furloughed or excepted from + furlough and working without pay as a result of a lapse in + appropriations, are paid to the applicable carrier from back pay + made available to the employee or member as soon as practicable + upon the end of such lapse. + (2) Long-term care premiums from source other than backpay.-- + The regulations promulgated under paragraph (1) for the amendments + made by subsection (a)(3) may provide, with respect to any + individual who elected under section 9004(d) of title 5, United + States Code, to pay premiums directly to the carrier, that such + individual may continue to pay premiums pursuant to such election + instead of from back pay made available to such individual. + (c) Application.--The amendments made by subsection (a) shall apply +to any contract for supplemental dental, supplemental vision, or long- +term care insurance under chapter 89A, 89B, or 90 (respectively) of +title 5, United States Code, entered into before, on, or after the date +of enactment of this Act. +SEC. 1112. LIMITATION ON TRANSFER OF OFFICE OF PERSONNEL MANAGEMENT. + (a) In General.--No person may assign, transfer, transition, merge, +or consolidate any function, responsibility, authority, service, +system, or program that is assigned in law to the Office of Personnel +Management to or with the General Services Administration, the Office +of Management and Budget, or the Executive Office of the President, +until on or after the date that is 180 days after the date on which the +report required by subsection (c) is submitted to the appropriate +committees of Congress, and subject to the enactment of any legislation +required. + (b) Independent Study and Report.-- + (1) In general.--Not later than 30 days after the date of the + enactment of this Act, the Director of the Office of Personnel + Management (in this section referred to as the ``Director'') shall + contract with the National Academy of Public Administration (in + this section referred to as the ``Academy'') to conduct a study + addressing each of the elements set forth in paragraph (3) and to + report the findings and recommendations derived from such study. + (2) Deadline.--Not later than one year after the date the + contract required by paragraph (1) is entered into, the Academy + shall submit the report prepared under such contract to the + Director and the appropriate committees of Congress. + (3) Requirements.--The study and report required by paragraph + (1) and (2) shall include a comprehensive assessment and analysis + of-- + (A) the statutory mandates assigned to the Office of + Personnel Management and the challenges associated with the + Office's execution of those mandates; + (B) the non-statutory functions, responsibilities, + authorities, services, systems, and programs performed or + executed by the Office of Personnel Management; the Office's + justification for carrying out such functions, + responsibilities, authorities, services, systems, and programs; + and the challenges associated with the Office's execution of + same; + (C) the means, options, and recommended courses of action + for addressing the challenges identified pursuant to + subparagraphs (A) and (B), including an analysis of the + benefits, costs, and feasibility of each option and the effect + of each on labor-management agreements; + (D) a timetable for the implementation of options and + recommended courses of action identified pursuant to + subparagraph (C); + (E) statutory or regulatory changes necessary to execute + any course of action recommended; + (F) the methods for involving, engaging with, and receiving + input from other Federal agencies, departments, and entities + potentially affected by any change in the structure, functions, + responsibilities, authorities of the Office of Personnel + Management that may be recommended; + (G) the views of identified stakeholders, including other + Federal agencies, departments, and entities; non-Federal + entities or organizations representing customers or intended + beneficiaries of Office of Personnel Management functions, + services, systems, or programs; and such individual customers + and intended beneficiaries; and + (H) such other matters as the Director may prescribe. + (c) OPM Report.-- + (1) In general.--Not later than 180 days after the date on + which the report is submitted pursuant to subsection (b)(2) to the + Director and the appropriate committees of Congress, the Director, + in consultation with the General Services Administration, the + Office of Management and Budget, and other appropriate Federal + agencies, departments, or entities, shall submit to the appropriate + committees of Congress a report on the views of the Office of + Personnel Management on the findings and recommendations set forth + in the report prepared under subsection (b), together with any + recommendations for changes in the structure, functions, + responsibilities, and authorities of the Office of Personnel + Management. + (2) Business case analysis.--Any recommendation submitted in + the report under paragraph (1) for change shall be accompanied by a + business case analysis setting forth the operational efficiencies + and cost savings (in both the short- and long-terms) associated + with such change, and a proposal for legislative or administrative + action required to effect the change proposed. + (d) Definition of Appropriate Committees of Congress.--For purposes +of this section, the term ``appropriate committees of Congress'' are +the Committees on Appropriations and Homeland Security and Governmental +Affairs of the Senate and the Committees on Appropriations and +Oversight and Reform of the House of Representatives. +SEC. 1113. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM SUSPENSION. + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of the Navy shall conduct an +assessment of the impacts resulting from the Navy's suspension in 2016 +of the Accelerated Promotion Program (in this section referred to as +the ``APP''). + (b) Elements.--The assessment required under subsection (a) shall +include the following elements: + (1) An identification of the number of employees who were hired + at the four public shipyards between January 23, 2016, and December + 22, 2016, covering the period in which APP was suspended, and who + would have otherwise been eligible for APP had the program been in + effect at the time they were hired. + (2) An assessment for employees identified in paragraph (1) to + determine the difference between wages earned from the date of hire + to the date on which wage data is collected for purposes of the + assessment and the wages which would have been earned during this + same period had that employee participated in APP from the date of + hire and been promoted according to the average promotion timeframe + for participants hired in the five-year period prior to the + suspension. + (3) An assessment for each employee identified in paragraph (1) + to determine at what grade and step each effected employee who + would have met the required experience and training to qualify for + an accelerated promotion would be on October 1, 2020, had that + employee been promoted according to the average promotion timeframe + for participants hired in the five-year period prior to the + suspension. + (4) An evaluation of existing authorities available to the + Secretary to determine whether the Secretary can take measures + using those authorities to provide the pay difference and + corresponding interest to each effected employee who has otherwise + met the required experience and training to qualify for an + accelerated promotion identified in paragraph (2) and directly + promote the employee to the grade and step identified in paragraph + (3). + (c) Report.--The Secretary shall submit to the congressional +defense committees a report on the results of the assessment required +under subsection (a) by not later than June 1, 2020, and shall provide +interim briefings upon request. +SEC. 1114. REIMBURSEMENT FOR FEDERAL, STATE, AND LOCAL INCOME TAXES +INCURRED DURING TRAVEL, TRANSPORTATION, AND RELOCATION. + (a) In General.--Section 5724b of title 5, United States Code, is +amended-- + (1) in the section heading, by striking ``of employees + transferred''; + (2) in subsection (a)-- + (A) in the first sentence, by striking ``employee, or by an + employee and such employee's spouse (if filing jointly), for + any moving or storage'' and inserting ``individual, or by an + individual and such individual's spouse (if filing jointly), + for any travel, transportation, or relocation''; and + (B) in the second sentence, by striking ``employee'' and + inserting ``individual, or the individual''; and + (3) by striking subsection (b) and inserting the following: + ``(b) For purposes of this section, the term `travel, +transportation, or relocation expenses' means all travel, +transportation, or relocation expenses reimbursed or furnished in kind +pursuant to this subchapter of chapter 41.''. + (b) Technical and Conforming Amendment.--The table of sections for +chapter 57 of title 5, United States Code, is amended by striking the +item relating to section 5724b and inserting the following: -SEC. 1036. MODERNIZATION OF INSPECTION AUTHORITIES APPLICABLE TO THE - NATIONAL GUARD AND EXTENSION OF INSPECTION AUTHORITY TO - THE CHIEF OF THE NATIONAL GUARD BUREAU. +``5724b. Taxes on reimbursements for travel, transportation, and + relocation expenses''. - (a) Modernization of Inspection Authorities of Secretaries of the -Army and Air Force.--Subsection (a) of section 105 of title 32, United -States Code, is amended-- - (1) in the matter preceding paragraph (1)-- - (A) by striking ``by him, the Secretary of the Army - shall have'' and inserting ``by such Secretary, the - Secretary of the Army and the Secretary of the Air - Force shall each have''; - (B) by striking ``, if necessary,''; and - (C) by striking ``the Regular Army'' and inserting - ``the Regular Army or the Regular Air Force''; - (2) by striking ``Army National Guard'' each place it - appears and inserting ``Army National Guard or Air National - Guard''; and - (3) by striking the flush matter following paragraph (7). - (b) Inspection Authority of Chief of the National Guard Bureau.-- -Such section is further amended by adding at the end the following new -subsection: - ``(c) Under regulations prescribed by the Chief of the National -Guard Bureau, the Chief of the National Guard Bureau may have an -inspection made by inspectors general, or by commissioned officers of -the Army National Guard of the United States or the Air National Guard -of the United States detailed for that purpose, in order to determine -the following: - ``(1) Whether the units and members of the Army National - Guard comply with Federal law and policy applicable to the - National Guard, including policies issued by the Department of - Defense, the Department of the Army, and the National Guard - Bureau. - ``(2) Whether the units and members of the Air National - Guard comply with Federal law and policy applicable to the - National Guard, including policies issued by the Department of - Defense, the Department of the Air Force, and the National - Guard Bureau.''. - -SEC. 1037. ENHANCEMENT OF AUTHORITIES ON FORFEITURE OF FEDERAL BENEFITS - BY THE NATIONAL GUARD. - - (a) In General.--The text of section 108 of title 32, United States -Code, is amended to read as follows: - ``(a) Availability of Funds Contingent on Compliance With Federal -Law and Policy.--The availability of Federal funds provided to the -National Guard of individual States is contingent upon compliance with -Federal law and policy applicable to the National Guard. - ``(b) Bar of States for Failure To Comply.--If, within a time fixed -by the President, a State fails to comply with Federal law or policy -applicable to the National Guard, a requirement of this title, or a -regulation prescribed under this title, the National Guard of that -State is barred, in whole or in part (as the President may prescribe), -from receiving such money or other aid, benefit, or privilege -authorized by law with respect to the National Guard of that State as -the President may prescribe. - ``(c) Bar or Withdrawal of Recognition of Officers for Failure To -Comply.--If, within a time fixed by the President, an officer of the -National Guard fails to comply with Federal law or policy applicable to -the National Guard, the President may bar the officer from receiving -Federal funds, or withdraw the officer's Federal recognition under -section 323 of this title. - ``(d) Bar or Withdrawal of Recognition of Units for Failure To -Comply.--If, within a time fixed by the President, a unit of the -National Guard fails to comply with Federal law or policy applicable to -the National Guard, the President may bar the unit from receiving -Federal funds, or withdraw the unit's Federal recognition. - ``(e) Advance Notice to Congress on Final Actions.--Before taking a -final action under subsection (c) or (d), President shall notify the -Committees on Armed Services of the Senate and the House of -Representatives of such final action. - ``(f) Limitation on Delegation of Final Actions.--The President may -not delegate the authority to take a final action under subsection (c) -or (d) to any official other than the Secretary of Defense.''. - (b) Effective Date.--The amendment made by subsection (a) shall -take effect on October 1, 2019, and shall apply with respect to amounts -authorized to be appropriated for fiscal years that begin on or after -that date. - -SEC. 1038. MODERNIZATION OF AUTHORITIES ON PROPERTY AND FISCAL OFFICERS - OF THE NATIONAL GUARD. - - (a) Property and Fiscal Officer for Each State From NGB.--Section -708 of title 32, United States Code, is amended-- - (1) by striking subsection (a) and inserting the following - new subsection (a): - ``(a) Property and Fiscal Officer for Each State.--(1) The Chief of -the National Guard Bureau shall assign, designate, or detail, subject -to the approval of the Secretary of the Army or the Secretary of the -Air Force, as applicable, a qualified commissioned officer ordered to -active duty in the National Guard Bureau under section 12402(a) of -title 10 to be the property and fiscal officer of each State, -Territory, and the District of Columbia. - ``(2)(A) An officer may not be assigned, designated, or detailed as -the property and fiscal officer of a State, Territory, or the District -of Columbia under paragraph (1) if the officer has served within such -jurisdiction during the 36 months preceding such assignment, -designation, or detail. - ``(B) The Secretary of the Army or the Secretary of the Air Force -may waive the applicability of subparagraph (A) to the assignment, -designation, or detail of a particular officer if such Secretary -considers the waiver to be in the best interests of the State, -Territory, or District of Columbia, as applicable, concerned. - ``(3) An officer assigned, designated, or detailed as a property -and fiscal officer under paragraph (1) shall, while so serving as such -an officer, serve in a grade commensurate with the functions and -responsibilities of the officer, but not above the grade of colonel.''; -and - (2) by striking subsection (d). - (b) Support Staff.--Such section is further amended-- - (1) by redesignating subsections (b) and (c) as subsections - (c) and (d), respectively; and - (2) by inserting after subsection (a), as amended by - subsection (a) of this section, the following new subsection - (b): - ``(b) Support Staff.--The Chief of the National Guard Bureau shall -assign, designate, or detail other personnel of the National Guard -Bureau to serve as the Federal support staff for the property and -fiscal officer for the National Guard of each State, Territory, or the -District of Columbia under subsection (a).''. - (c) Responsibilities.--Subsection (c) of such section, as -redesignated by subsection (b)(1) of this section, is amended-- - (1) by inserting ``Responsibilities of Officers.--'' after - ``(c)''; - (2) in paragraph (1), by striking ``he'' and inserting - ``such officer''; and - (3) in paragraph (2), by inserting ``, the Chief of Staff - of the Army or the Chief of Staff of the Air Force (as - applicable), or the Chief of the National Guard Bureau'' before - the period at the end. - (d) Other Matters.--Such section is further amended-- - (1) by striking subsection (d), as redesignated by - subsection (b)(1) of this section; and - (2) by striking subsection (e). - (e) Intrustment of Monies.--Such section is further amended-- - (1) by redesignating subsection (f) as subsection (d); and - (2) in subsection (d), as so redesignated-- - (A) by inserting ``Intrustment of Monies.--'' after - ``(d)''; - (B) by striking ``an officer'' and inserting ``a - Federally recognized officer''; - (C) by striking ``him'' and inserting ``such agent - officer''; and - (D) by striking ``he'' and inserting ``the agent - officer''. - -SEC. 1039. LIMITATION ON PLACEMENT BY THE UNDER SECRETARY OF DEFENSE - FOR PERSONNEL AND READINESS OF WORK WITH FEDERALLY FUNDED - RESEARCH AND DEVELOPMENT CENTERS. - - (a) Limitation.--The Under Secretary of Defense for Personnel and -Readiness may not place any work with a federally funded research and -development center (FFRDC) until the Under Secretary submits to the -Committees on Armed Services of the Senate and the House of -Representatives a report on all studies, reports, and other analyses -being undertaken for the Under Secretary as of the date of the report -by federally funded research and development centers. - (b) Elements.--The report required by subsection (a) shall set -forth the following: - (1) A list of each study, report, and analysis described by - subsection (a). - (2) For each study, report, or analysis, the following: - (A) Title. - (B) Federally funded research and development - center undertaking. - (C) Amount of contract. - (D) Anticipated completion date. + (c) Retroactive Effective Date.--The amendments made by this +section shall take effect on January 1, 2018. +SEC. 1115. CLARIFICATION OF LIMITATION ON EXPEDITED HIRING AUTHORITY +FOR POST-SECONDARY STUDENTS. + Section 3116(d)(1) of title 5, United States Code, is amended to +read as follows: + ``(1) In general.--Except as provided in paragraph (2), the + total number of students that the head of an agency may appoint + under this section during a fiscal year may not exceed the number + equal to 15 percent of the number of students that the agency head + appointed during the previous fiscal year to a position at the GS- + 11 level, or an equivalent level, or below.''. +SEC. 1116. MODIFICATION OF TEMPORARY ASSIGNMENTS OF DEPARTMENT OF +DEFENSE EMPLOYEES TO A PRIVATE-SECTOR ORGANIZATION. + Section 1599g(e)(2)(A) of title 10, United States Code, is amended +by inserting ``permanent'' after ``without the''. +SEC. 1117. EXTENSION OF AUTHORITY FOR PART-TIME REEMPLOYMENT. + (a) Civil Service Retirement System.--Section 8344(l)(7) of title +5, United States Code, is amended by striking ``December 31, 2019'' and +inserting ``December 31, 2024''. + (b) Federal Employees Retirement System.--Section 8468(i)(7) of +title 5, United States Code, is amended by striking ``December 31, +2019'' and inserting ``December 31, 2024''. + + Subtitle B--Fair Chance Act + +SEC. 1121. SHORT TITLE. + This subtitle may be cited as the ``Fair Chance to Compete for Jobs +Act of 2019'' or the ``Fair Chance Act''. +SEC. 1122. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO +CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT. + (a) In General.--Subpart H of part III of title 5, United States +Code, is amended by adding at the end the following: -SEC. 1040. TERMINATION OF REQUIREMENT FOR DEPARTMENT OF DEFENSE - FACILITY ACCESS CLEARANCES FOR JOINT VENTURES COMPOSED OF - PREVIOUSLY-CLEARED ENTITIES. + ``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO + CONDITIONAL OFFER + +``Sec. +``9201. Definitions. +``9202. Limitations on requests for criminal history record information. +``9203. Agency policies; complaint procedures. +``9204. Adverse action. +``9205. Procedures. +``9206. Rules of construction. + +``Sec. 9201. Definitions + ``In this chapter-- + ``(1) the term `agency' means `Executive agency' as such term + is defined in section 105 and includes-- + ``(A) the United States Postal Service and the Postal + Regulatory Commission; and + ``(B) the Executive Office of the President; + ``(2) the term `appointing authority' means an employee in the + executive branch of the Government of the United States that has + authority to make appointments to positions in the civil service; + ``(3) the term `conditional offer' means an offer of employment + in a position in the civil service that is conditioned upon the + results of a criminal history inquiry; + ``(4) the term `criminal history record information'-- + ``(A) except as provided in subparagraphs (B) and (C), has + the meaning given the term in section 9101(a); + ``(B) includes any information described in the first + sentence of section 9101(a)(2) that has been sealed or expunged + pursuant to law; and + ``(C) includes information collected by a criminal justice + agency, relating to an act or alleged act of juvenile + delinquency, that is analogous to criminal history record + information (including such information that has been sealed or + expunged pursuant to law); and + ``(5) the term `suspension' has the meaning given the term in + section 7501. +``Sec. 9202. Limitations on requests for criminal history record + information + ``(a) Inquiries Prior to Conditional Offer.--Except as provided in +subsections (b) and (c), an employee of an agency may not request, in +oral or written form (including through the Declaration for Federal +Employment (Office of Personnel Management Optional Form 306) or any +similar successor form, the USAJOBS internet website, or any other +electronic means) that an applicant for an appointment to a position in +the civil service disclose criminal history record information +regarding the applicant before the appointing authority extends a +conditional offer to the applicant. + ``(b) Otherwise Required by Law.--The prohibition under subsection +(a) shall not apply with respect to an applicant for a position in the +civil service if consideration of criminal history record information +prior to a conditional offer with respect to the position is otherwise +required by law. + ``(c) Exception for Certain Positions.-- + ``(1) In general.--The prohibition under subsection (a) shall + not apply with respect to an applicant for an appointment to a + position-- + ``(A) that requires a determination of eligibility + described in clause (i), (ii), or (iii) of section + 9101(b)(1)(A); + ``(B) as a Federal law enforcement officer (as defined in + section 115(c) of title 18); or + ``(C) identified by the Director of the Office of Personnel + Management in the regulations issued under paragraph (2). + ``(2) Regulations.-- + ``(A) Issuance.--The Director of the Office of Personnel + Management shall issue regulations identifying additional + positions with respect to which the prohibition under + subsection (a) shall not apply, giving due consideration to + positions that involve interaction with minors, access to + sensitive information, or managing financial transactions. + ``(B) Compliance with civil rights laws.--The regulations + issued under subparagraph (A) shall-- + ``(i) be consistent with, and in no way supersede, + restrict, or limit the application of title VII of the + Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other + relevant Federal civil rights laws; and + ``(ii) ensure that all hiring activities conducted + pursuant to the regulations are conducted in a manner + consistent with relevant Federal civil rights laws. +``Sec. 9203. Agency policies; complaint procedures + ``The Director of the Office of Personnel Management shall-- + ``(1) develop, implement, and publish a policy to assist + employees of agencies in complying with section 9202 and the + regulations issued pursuant to such section; and + ``(2) establish and publish procedures under which an applicant + for an appointment to a position in the civil service may submit a + complaint, or any other information, relating to compliance by an + employee of an agency with section 9202. +``Sec. 9204. Adverse action + ``(a) First Violation.--If the Director of the Office of Personnel +Management determines, after notice and an opportunity for a hearing on +the record, that an employee of an agency has violated section 9202, +the Director shall-- + ``(1) issue to the employee a written warning that includes a + description of the violation and the additional penalties that may + apply for subsequent violations; and + ``(2) file such warning in the employee's official personnel + record file. + ``(b) Subsequent Violations.--If the Director of the Office of +Personnel Management determines, after notice and an opportunity for a +hearing on the record, that an employee that was subject to subsection +(a) has committed a subsequent violation of section 9202, the Director +may take the following action: + ``(1) For a second violation, suspension of the employee for a + period of not more than 7 days. + ``(2) For a third violation, suspension of the employee for a + period of more than 7 days. + ``(3) For a fourth violation-- + ``(A) suspension of the employee for a period of more than + 7 days; and + ``(B) a civil penalty against the employee in an amount + that is not more than $250. + ``(4) For a fifth violation-- + ``(A) suspension of the employee for a period of more than + 7 days; and + ``(B) a civil penalty against the employee in an amount + that is not more than $500. + ``(5) For any subsequent violation-- + ``(A) suspension of the employee for a period of more than + 7 days; and + ``(B) a civil penalty against the employee in an amount + that is not more than $1,000. +``Sec. 9205. Procedures + ``(a) Appeals.--The Director of the Office of Personnel Management +shall by rule establish procedures providing for an appeal from any +adverse action taken under section 9204 by not later than 30 days after +the date of the action. + ``(b) Applicability of Other Laws.--An adverse action taken under +section 9204 (including a determination in an appeal from such an +action under subsection (a) of this section) shall not be subject to-- + ``(1) the procedures under chapter 75; or + ``(2) except as provided in subsection (a) of this section, + appeal or judicial review. +``Sec. 9206. Rules of construction + ``Nothing in this chapter may be construed to-- + ``(1) authorize any officer or employee of an agency to request + the disclosure of information described under subparagraphs (B) and + (C) of section 9201(4); or + ``(2) create a private right of action for any person.''. + (b) Regulations; Effective Date.-- + (1) Regulations.--Not later than 1 year after the date of + enactment of this subtitle, the Director of the Office of Personnel + Management shall issue such regulations as are necessary to carry + out chapter 92 of title 5, United States Code (as added by this + subtitle). + (2) Effective date.--Section 9202 of title 5, United States + Code (as added by this subtitle), shall take effect on the date + that is 2 years after the date of enactment of this subtitle. + (c) Technical and Conforming Amendment.--The table of chapters for +part III of title 5, United States Code, is amended by inserting after +the item relating to chapter 91 the following: + +``92. Prohibition on criminal history inquiries prior to +conditional offer................................................9201''. + + (d) Application to Legislative Branch.-- + (1) In general.--The Congressional Accountability Act of 1995 + (2 U.S.C. 1301 et seq.) is amended-- + (A) in section 102(a) (2 U.S.C. 1302(a)), by adding at the + end the following: + ``(12) Section 9202 of title 5, United States Code.''; + (B) by redesignating section 207 (2 U.S.C. 1317) as section + 208; and + (C) by inserting after section 206 (2 U.S.C. 1316) the + following new section: + ``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY + INQUIRIES. + ``(a) Definitions.--In this section, the terms `agency', `criminal +history record information', and `suspension' have the meanings given +the terms in section 9201 of title 5, United States Code, except as +otherwise modified by this section. + ``(b) Restrictions on Criminal History Inquiries.-- + ``(1) In general.-- + ``(A) In general.--Except as provided in subparagraph (B), + an employee of an employing office may not request that an + applicant for employment as a covered employee disclose + criminal history record information if the request would be + prohibited under section 9202 of title 5, United States Code, + if made by an employee of an agency. + ``(B) Conditional offer.--For purposes of applying that + section 9202 under subparagraph (A), a reference in that + section 9202 to a conditional offer shall be considered to be + an offer of employment as a covered employee that is + conditioned upon the results of a criminal history inquiry. + ``(2) Rules of construction.--The provisions of section 9206 of + title 5, United States Code, shall apply to employing offices, + consistent with regulations issued under subsection (d). + ``(c) Remedy.-- + ``(1) In general.--The remedy for a violation of subsection + (b)(1) shall be such remedy as would be appropriate if awarded + under section 9204 of title 5, United States Code, if the violation + had been committed by an employee of an agency, consistent with + regulations issued under subsection (d), except that the reference + in that section to a suspension shall be considered to be a + suspension with the level of compensation provided for a covered + employee who is taking unpaid leave under section 202. + ``(2) Process for obtaining relief.--An applicant for + employment as a covered employee who alleges a violation of + subsection (b)(1) may rely on the provisions of title IV (other + than section 407 or 408, or a provision of this title that permits + a person to obtain a civil action or judicial review), consistent + with regulations issued under subsection (d). + ``(d) Regulations To Implement Section.-- + ``(1) In general.--Not later than 18 months after the date of + enactment of the Fair Chance to Compete for Jobs Act of 2019, the + Board shall, pursuant to section 304, issue regulations to + implement this section. + ``(2) Parallel with agency regulations.--The regulations issued + under paragraph (1) shall be the same as substantive regulations + issued by the Director of the Office of Personnel Management under + section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 + to implement the statutory provisions referred to in subsections + (a) through (c) except to the extent that the Board may determine, + for good cause shown and stated together with the regulation, that + a modification of such regulations would be more effective for the + implementation of the rights and protections under this section. + ``(e) Effective Date.--Section 102(a)(12) and subsections (a) +through (c) shall take effect on the date on which section 9202 of +title 5, United States Code, applies with respect to agencies.''. + (2) Clerical amendments.-- + (A) The table of contents in section 1(b) of the + Congressional Accountability Act of 1995 (Public Law 104-1; 109 + Stat. 3) is amended-- + (i) by redesignating the item relating to section 207 + as the item relating to section 208; and + (ii) by inserting after the item relating to section + 206 the following new item: + +``Sec. 207. Rights and protections relating to criminal history + inquiries.''. + + (B) Section 62(e)(2) of the Internal Revenue Code of 1986 + is amended by striking ``or 207'' and inserting ``207, or + 208''. + (e) Application to Judicial Branch.--Section 604 of title 28, +United States Code, is amended by adding at the end the following: + ``(i) Restrictions on Criminal History Inquiries.-- + ``(1) Definitions.--In this subsection-- + ``(A) the terms `agency' and `criminal history record + information' have the meanings given those terms in section + 9201 of title 5; + ``(B) the term `covered employee' means an employee of the + judicial branch of the United States Government, other than-- + ``(i) any judge or justice who is entitled to hold + office during good behavior; + ``(ii) a United States magistrate judge; or + ``(iii) a bankruptcy judge; and + ``(C) the term `employing office' means any office or + entity of the judicial branch of the United States Government + that employs covered employees. + ``(2) Restriction.--A covered employee may not request that an + applicant for employment as a covered employee disclose criminal + history record information if the request would be prohibited under + section 9202 of title 5 if made by an employee of an agency. + ``(3) Employing office policies; complaint procedure.--The + provisions of sections 9203 and 9206 of title 5 shall apply to + employing offices and to applicants for employment as covered + employees, consistent with regulations issued by the Director to + implement this subsection. + ``(4) Adverse action.-- + ``(A) Adverse action.--The Director may take such adverse + action with respect to a covered employee who violates + paragraph (2) as would be appropriate under section 9204 of + title 5 if the violation had been committed by an employee of + an agency. + ``(B) Appeals.--The Director shall by rule establish + procedures providing for an appeal from any adverse action + taken under subparagraph (A) by not later than 30 days after + the date of the action. + ``(C) Applicability of other laws.--Except as provided in + subparagraph (B), an adverse action taken under subparagraph + (A) (including a determination in an appeal from such an action + under subparagraph (B)) shall not be subject to appeal or + judicial review. + ``(5) Regulations to be issued.-- + ``(A) In general.--Not later than 18 months after the date + of enactment of the Fair Chance to Compete for Jobs Act of + 2019, the Director shall issue regulations to implement this + subsection. + ``(B) Parallel with agency regulations.--The regulations + issued under subparagraph (A) shall be the same as substantive + regulations promulgated by the Director of the Office of + Personnel Management under section 2(b)(1) of the Fair Chance + to Compete for Jobs Act of 2019 except to the extent that the + Director of the Administrative Office of the United States + Courts may determine, for good cause shown and stated together + with the regulation, that a modification of such regulations + would be more effective for the implementation of the rights + and protections under this subsection. + ``(6) Effective date.--Paragraphs (1) through (4) shall take + effect on the date on which section 9202 of title 5 applies with + respect to agencies.''. +SEC. 1123. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS +PRIOR TO CONDITIONAL OFFER. + (a) Civilian Agency Contracts.-- + (1) In general.--Chapter 47 of title 41, United States Code, is + amended by adding at the end the following new section: +``Sec. 4714. Prohibition on criminal history inquiries by contractors + prior to conditional offer + ``(a) Limitation on Criminal History Inquiries.-- + ``(1) In general.--Except as provided in paragraphs (2) and + (3), an executive agency-- + ``(A) may not require that an individual or sole proprietor + who submits a bid for a contract to disclose criminal history + record information regarding that individual or sole proprietor + before determining the apparent awardee; and + ``(B) shall require, as a condition of receiving a Federal + contract and receiving payments under such contract that the + contractor may not verbally, or through written form, request + the disclosure of criminal history record information regarding + an applicant for a position related to work under such contract + before the contractor extends a conditional offer to the + applicant. + ``(2) Otherwise required by law.--The prohibition under + paragraph (1) does not apply with respect to a contract if + consideration of criminal history record information prior to a + conditional offer with respect to the position is otherwise + required by law. + ``(3) Exception for certain positions.-- + ``(A) In general.--The prohibition under paragraph (1) does + not apply with respect to-- + ``(i) a contract that requires an individual hired + under the contract to access classified information or to + have sensitive law enforcement or national security duties; + or + ``(ii) a position that the Administrator of General + Services identifies under the regulations issued under + subparagraph (B). + ``(B) Regulations.-- + ``(i) Issuance.--Not later than 16 months after the + date of enactment of the Fair Chance to Compete for Jobs + Act of 2019, the Administrator of General Services, in + consultation with the Secretary of Defense, shall issue + regulations identifying additional positions with respect + to which the prohibition under paragraph (1) shall not + apply, giving due consideration to positions that involve + interaction with minors, access to sensitive information, + or managing financial transactions. + ``(ii) Compliance with civil rights laws.--The + regulations issued under clause (i) shall-- + + ``(I) be consistent with, and in no way supersede, + restrict, or limit the application of title VII of the + Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or + other relevant Federal civil rights laws; and + ``(II) ensure that all hiring activities conducted + pursuant to the regulations are conducted in a manner + consistent with relevant Federal civil rights laws. + + ``(b) Complaint Procedures.--The Administrator of General Services +shall establish and publish procedures under which an applicant for a +position with a Federal contractor may submit to the Administrator a +complaint, or any other information, relating to compliance by the +contractor with subsection (a)(1)(B). + ``(c) Action for Violations of Prohibition on Criminal History +Inquiries.-- + ``(1) First violation.--If the head of an executive agency + determines that a contractor has violated subsection (a)(1)(B), + such head shall-- + ``(A) notify the contractor; + ``(B) provide 30 days after such notification for the + contractor to appeal the determination; and + ``(C) issue a written warning to the contractor that + includes a description of the violation and the additional + remedies that may apply for subsequent violations. + ``(2) Subsequent violation.--If the head of an executive agency + determines that a contractor that was subject to paragraph (1) has + committed a subsequent violation of subsection (a)(1)(B), such head + shall notify the contractor, shall provide 30 days after such + notification for the contractor to appeal the determination, and, + in consultation with the relevant Federal agencies, may take + actions, depending on the severity of the infraction and the + contractor's history of violations, including-- + ``(A) providing written guidance to the contractor that the + contractor's eligibility for contracts requires compliance with + this section; + ``(B) requiring that the contractor respond within 30 days + affirming that the contractor is taking steps to comply with + this section; and + ``(C) suspending payment under the contract for which the + applicant was being considered until the contractor + demonstrates compliance with this section. + ``(d) Definitions.--In this section: + ``(1) Conditional offer.--The term `conditional offer' means an + offer of employment for a position related to work under a contract + that is conditioned upon the results of a criminal history inquiry. + ``(2) Criminal history record information.--The term `criminal + history record information' has the meaning given that term in + section 9201 of title 5.''. + (2) Clerical amendment.--The table of sections for chapter 47 + of title 41, United States Code, is amended by adding at the end + the following new item: + +``4714. Prohibition on criminal history inquiries by contractors prior + to conditional offer.''. + + (3) Effective date.--Section 4714 of title 41, United States + Code, as added by paragraph (1), shall apply with respect to + contracts awarded pursuant to solicitations issued after the + effective date described in section 1122(b)(2) of this subtitle. + (b) Defense Contracts.-- + (1) In general.--Chapter 137 of title 10, United States Code, + is amended by inserting after section 2338 the following new + section: +``Sec. 2339. Prohibition on criminal history inquiries by contractors + prior to conditional offer + ``(a) Limitation on Criminal History Inquiries.-- + ``(1) In general.--Except as provided in paragraphs (2) and + (3), the head of an agency-- + ``(A) may not require that an individual or sole proprietor + who submits a bid for a contract to disclose criminal history + record information regarding that individual or sole proprietor + before determining the apparent awardee; and + ``(B) shall require as a condition of receiving a Federal + contract and receiving payments under such contract that the + contractor may not verbally or through written form request the + disclosure of criminal history record information regarding an + applicant for a position related to work under such contract + before such contractor extends a conditional offer to the + applicant. + ``(2) Otherwise required by law.--The prohibition under + paragraph (1) does not apply with respect to a contract if + consideration of criminal history record information prior to a + conditional offer with respect to the position is otherwise + required by law. + ``(3) Exception for certain positions.-- + ``(A) In general.--The prohibition under paragraph (1) does + not apply with respect to-- + ``(i) a contract that requires an individual hired + under the contract to access classified information or to + have sensitive law enforcement or national security duties; + or + ``(ii) a position that the Secretary of Defense + identifies under the regulations issued under subparagraph + (B). + ``(B) Regulations.-- + ``(i) Issuance.--Not later than 16 months after the + date of enactment of the Fair Chance to Compete for Jobs + Act of 2019, the Secretary of Defense, in consultation with + the Administrator of General Services, shall issue + regulations identifying additional positions with respect + to which the prohibition under paragraph (1) shall not + apply, giving due consideration to positions that involve + interaction with minors, access to sensitive information, + or managing financial transactions. + ``(ii) Compliance with civil rights laws.--The + regulations issued under clause (i) shall-- + + ``(I) be consistent with, and in no way supersede, + restrict, or limit the application of title VII of the + Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or + other relevant Federal civil rights laws; and + ``(II) ensure that all hiring activities conducted + pursuant to the regulations are conducted in a manner + consistent with relevant Federal civil rights laws. + + ``(b) Complaint Procedures.--The Secretary of Defense shall +establish and publish procedures under which an applicant for a +position with a Department of Defense contractor may submit a +complaint, or any other information, relating to compliance by the +contractor with subsection (a)(1)(B). + ``(c) Action for Violations of Prohibition on Criminal History +Inquiries.-- + ``(1) First violation.--If the Secretary of Defense determines + that a contractor has violated subsection (a)(1)(B), the Secretary + shall-- + ``(A) notify the contractor; + ``(B) provide 30 days after such notification for the + contractor to appeal the determination; and + ``(C) issue a written warning to the contractor that + includes a description of the violation and the additional + remedies that may apply for subsequent violations. + ``(2) Subsequent violations.--If the Secretary of Defense + determines that a contractor that was subject to paragraph (1) has + committed a subsequent violation of subsection (a)(1)(B), the + Secretary shall notify the contractor, shall provide 30 days after + such notification for the contractor to appeal the determination, + and, in consultation with the relevant Federal agencies, may take + actions, depending on the severity of the infraction and the + contractor's history of violations, including-- + ``(A) providing written guidance to the contractor that the + contractor's eligibility for contracts requires compliance with + this section; + ``(B) requiring that the contractor respond within 30 days + affirming that the contractor is taking steps to comply with + this section; and + ``(C) suspending payment under the contract for which the + applicant was being considered until the contractor + demonstrates compliance with this section. + ``(d) Definitions.--In this section: + ``(1) Conditional offer.--The term `conditional offer' means an + offer of employment for a position related to work under a contract + that is conditioned upon the results of a criminal history inquiry. + ``(2) Criminal history record information.--The term `criminal + history record information' has the meaning given that term in + section 9201 of title 5.''. + (2) Effective date.--Section 2339(a) of title 10, United States + Code, as added by paragraph (1), shall apply with respect to + contracts awarded pursuant to solicitations issued after the + effective date described in section 1122(b)(2) of this subtitle. + (3) Clerical amendment.--The table of sections for chapter 137 + of title 10, United States Code, is amended by inserting after the + item relating to section 2338 the following new item: + +``2339. Prohibition on criminal history inquiries by contractors prior + to conditional offer.''. + + (c) Revisions to Federal Acquisition Regulation.-- + (1) In general.--Not later than 18 months after the date of + enactment of this subtitle, the Federal Acquisition Regulatory + Council shall revise the Federal Acquisition Regulation to + implement section 4714 of title 41, United States Code, and section + 2339 of title 10, United States Code, as added by this section. + (2) Consistency with office of personnel management + regulations.--The Federal Acquisition Regulatory Council shall + revise the Federal Acquisition Regulation under paragraph (1) to be + consistent with the regulations issued by the Director of the + Office of Personnel Management under section 1122(b)(1) to the + maximum extent practicable. The Council shall include together with + such revision an explanation of any substantive modification of the + Office of Personnel Management regulations, including an + explanation of how such modification will more effectively + implement the rights and protections under this section. +SEC. 1124. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN +FEDERAL PRISONS. + (a) Definition.--In this section, the term ``covered individual''-- + (1) means an individual who has completed a term of + imprisonment in a Federal prison for a Federal criminal offense; + and + (2) does not include an alien who is or will be removed from + the United States for a violation of the immigration laws (as such + term is defined in section 101 of the Immigration and Nationality + Act (8 U.S.C. 1101)). + (b) Study and Report Required.--The Director of the Bureau of +Justice Statistics, in coordination with the Director of the Bureau of +the Census, shall-- + (1) not later than 180 days after the date of enactment of this + subtitle, design and initiate a study on the employment of covered + individuals after their release from Federal prison, including by + collecting-- + (A) demographic data on covered individuals, including + race, age, and sex; and + (B) data on employment and earnings of covered individuals + who are denied employment, including the reasons for the + denials; and + (2) not later than 2 years after the date of enactment of this + subtitle, and every 5 years thereafter, submit a report that does + not include any personally identifiable information on the study + conducted under paragraph (1) to-- + (A) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (B) the Committee on Health, Education, Labor, and Pensions + of the Senate; + (C) the Committee on Oversight and Reform of the House of + Representatives; and + (D) the Committee on Education and Labor of the House of + Representatives. - A clearance for access to a Department of Defense installation or -facility may not be required for a joint venture if that joint venture -is composed entirely of entities that are currently cleared for access -to such installation or facility. + Subtitle C--ATC Hiring Reform + +SEC. 1131. SHORT TITLE; DEFINITION. + (a) Short Title.--This subtitle may be cited as the ``ATC Hiring +Reform Act''. + (b) Definition of Appropriate Committees of Congress.--In this +subtitle, the term ``appropriate committees of Congress'' means-- + (1) the Committee on Oversight and Reform of the House of + Representatives; + (2) the Committee on Transportation and Infrastructure of the + House of Representatives; + (3) the Committee on Homeland Security and Governmental Affairs + of the Senate; and + (4) the Committee on Commerce, Science, and Transportation of + the Senate. +SEC. 1132. HIRING OF AIR TRAFFIC CONTROL SPECIALISTS. + Section 44506(f)(1)(B)(i) of title 49, United States Code, is +amended by striking ``referring'' and all that follows through ``10 +percent.'' and inserting ``giving further preferential consideration, +within each qualification category based upon pre-employment testing +results (including application of veterans' preference as required +under section 40122(g)(2)(B)), to pool 1 applicants described in clause +(ii) before pool 2 applicants described in clause (iii).''. +SEC. 1133. ENSURING HIRING PREFERENCE FOR APPLICANTS WITH EXPERIENCE AT +AN AIR TRAFFIC CONTROL FACILITY OF THE NATIONAL GUARD. + Section 44506(f)(1)(A)(ii) of title 49, United States Code, is +amended by inserting ``(including a facility of the National Guard)'' +after ``Department of Defense''. +SEC. 1134. FAA REPORTS ON AIR TRAFFIC CONTROLLER HIRING AND TRAINING. + (a) Reports to Congress.--Not later than September 30 of 2020, +2021, 2022, and 2023, the Administrator of the Federal Aviation +Administration shall submit to the appropriate committees of Congress a +report regarding the hiring and training of air traffic controllers. + (b) Contents.--Each report under subsection (a) shall include the +following information: + (1) The number of applicants, from each hiring pool (by vacancy + announcement beginning with vacancy announcement FAA-ATO-19- + ALLSRCE-61676 (issued on June 14, 2019)) who have done the + following: + (A) Applied for the position of air traffic controller. + (B) Been issued a tentative offer letter for the position + of air traffic controller. + (C) Been issued a firm offer letter for the position of air + traffic controller. + (D) Been hired for the position of air traffic controller. + (E) Reported to the FAA Academy for initial qualification + training. + (F) Successfully passed Air Traffic Basics training at the + FAA Academy. + (G) Successfully passed Terminal initial training at the + FAA Academy. + (H) Successfully passed En Route initial training at the + FAA Academy. + (2) The average cost of training per individual for each such + hiring pool for the following: + (A) Air Traffic Basics training at the FAA Academy. + (B) Terminal initial training at the FAA Academy. + (C) En Route initial training at the FAA Academy. + (3) The FAA Academy attrition rate for each such hiring pool. + (4) The number of applicants, from each such hiring pool, who + have successfully completed qualification training at their first + FAA facility and the number who are still in training at their + first facility. + (5) Other information determined appropriate by the + Administrator of the Federal Aviation Administration. +SEC. 1135. DOT INSPECTOR GENERAL REVIEW AND REPORT. + (a) Review.-- + (1) In general.--The Inspector General of the Department of + Transportation (in this section referred to as the ``Inspector + General'') shall conduct a review that assesses the assumptions and + methodologies used to develop the air traffic controller pre- + employment test. Such review shall include-- + (A) what job-relevant aptitudes are measured by the air + traffic controller pre-employment test and to what extent such + aptitudes are tested; + (B) the scoring methodology for the air traffic controller + pre-employment test, including an assessment of whether such + methodology is applied uniformly for all classes of applicants; + (C) whether the air traffic controller pre-employment test + incorporates any biographical questionnaire or assessment other + than basic identifiers, such as name and questions that assess + personal characteristics, and the extent to which such + biographical assumptions are relied upon to assess air traffic + controller applicants; + (D) the effectiveness of the pre-employment test, mental + health screening, and any other applicable pre-employment + assessment to determine whether an applicant possesses the + skills necessary to perform the duties of a controller; and + (E) ways to improve the pre-employment test and other + applicable pre-employment assessments as the Inspector General + determines appropriate. + (2) Start date.--The Inspector General shall initiate the + review under paragraph (1) by not later than 90 days after the date + of enactment of this Act. + (b) Report.--Not later than 180 days after the date the Inspector +General initiates the review under subsection (a), the Inspector +General shall submit to the appropriate committees of Congress a report +on such review. -SEC. 1041. DESIGNATION OF DEPARTMENT OF DEFENSE STRATEGIC ARCTIC PORTS. + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS - (a) Findings.--Congress makes the following findings: - (1) The strategic importance of the Arctic continues to - increase as the United States and other countries recognize the - military significance of the sea lanes and choke points within - the region and understand the potential for power projection - from the Arctic into multiple regions. - (2) On January 19, 2018, Secretary of Defense James Mattis - released the document titled ``2018 National Defense Strategy - of the United States of America'' in which the Secretary - outlined the reemergence of long-term, strategic competition by - countries classified by the National Security Strategy as - revisionist powers. - (3) Russia and China have conducted military exercises - together in the Arctic, have agreed to connect the Northern Sea - Route, claimed by Russia, with China's Maritime Silk Road, and - are working together in developing natural gas resources in the - Arctic. - (4) The Government of the Russian Federation-- - (A) has prioritized the development of Arctic - capabilities and has made significant investments in - military infrastructure in the Arctic, including the - creation of a new Arctic Command and the construction - or refurbishment of 16 deepwater ports and 14 airfields - in the region; - (B) has approximately 40 icebreakers as of May - 2019, including several nuclear-powered icebreakers, is - currently constructing four icebreakers, and is - planning to build an additional eight icebreakers; and - (C) conducted the largest military exercise since - the 1980s, Vostok 2018, which included-- - (i) 300,000 troops; - (ii) 1,000 aircraft; - (iii) 80 ships; - (iv) 36,000 vehicles; and - (v) notably, 3,200 Chinese troops, 30 - Chinese rotary and fixed-wing aircraft, and 900 - Chinese tanks. - (5) The Government of the People's Republic of China-- - (A) released, in January 2018, its new Arctic - Strategy, the Polar Silk Road, in which it declares - itself as a ``near-Arctic state'', even though its - nearest territory to the Arctic is 900 miles away; - (B) has publicly stated that it seeks to expand its - ``Belt and Road Initiative'' to the Arctic region, - including current investment in the natural gas fields - in the Yamal Peninsula in Russia, rare-earth element - mines in Greenland, and the real estate, alternative - energy, and fisheries in Iceland; and - (C) has shown great interest in expanding its - Arctic presence, including through-- - (i) the operation of research vessels in - the region; - (ii) the recent construction of the Xuelong - 2, or Snow Dragon II, the only polar research - boat vessel in the world that can break ice - while going forward or backward; - (iii) a freedom of navigation operation in - the Aleutian Islands in 2015; and - (iv) its recent plans to develop a 33,000 - ton nuclear-powered icebreaker. - (6) The economic significance of the Arctic continues to - grow as countries around the globe begin to understand the - potential for maritime transportation through, and economic and - trade development in, the region. - (7) The Arctic is home to 13 percent of the world's - undiscovered oil, 30 percent of its undiscovered gas, an - abundance of uranium, rare earth minerals, gold, diamonds, and - millions of square miles of untapped resources, including - abundant fisheries. - (8) The Bering Strait is experiencing significant increases - in international traffic from vessels transiting the Northern - Sea Route, increases which are projected to continue if - decreases in sea ice coverage continue. - (9) Along a future ice-free Arctic shipping route, a ship - sailing from South Korea to Germany would have an average - travel time of just 23 days, compared to 34 days via the Suez - Canal and 46 days via the Cape of Good Hope. - (10) In a speech at the Arctic Forum in September 2011, - Russian Federation President Vladimir Putin highlighted the - Northern Sea Route as a potential alternative to the Suez Canal - and has publicly stated plans to invest $11,400,000,000 along - the Northern Sea Route by 2024. - (11) Increases in human, maritime, and resource development - activity in the Arctic region are expected to create additional - mission requirements for the Department of Defense and the - Department of Homeland Security, given-- - (A) the strategic focus of the Government of the - Russian Federation and the Government of the People's - Republic of China on the Arctic; - (B) overlapping territorial claims; and - (C) the potential for maritime accidents, oil - spills, and illegal fishing near the exclusive economic - zone of the United States. - (12) The increasing role of the United States in the Arctic - has been highlighted in each of the last four National Defense - Authorization Acts. - (13) Section 1068 of the National Defense Authorization Act - for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 992) - required a new Department of Defense strategy to protect United - States national security interests in the Arctic region. - (14) Section 1095 of the National Defense Authorization Act - for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2438) - required the Department of Defense to create criteria to - designate a Department of Defense Strategic Arctic Port. - (15) Section 122 of the National Defense Authorization Act - for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1310) - authorized the procurement of one polar-class heavy icebreaker - vessel. - (16) Section 151 of the John S. McCain National Defense - Authorization Act for Fiscal Year 2019 (Public Law 115-232) - authorized the procurement of five additional polar-class - icebreaker vessels and expressed that the Coast Guard should-- - (A) maintain an inventory of not fewer than six - polar-class icebreaker vessels; - (B) award a contract for the first new polar-class - icebreaker not later than fiscal year 2019 and deliver - the icebreaker not later than fiscal year 2023; and - (C) deliver the second through sixth polar-class - icebreakers at a rate of one vessel per year in fiscal - years 2025 through 2029. - (17) In January 2017, the Department of Defense released a - report entitled ``Report to Congress on Strategy to Protect - United States National Security Interests in the Arctic - Region'' to update ``the ways and means'' the Department of - Defense intends to use to achieve its objectives as it - implements the 2013 National Strategy for the Arctic Region, - including-- - (A) enhancing the capability of United States - forces to defend the homeland and exercise sovereignty; - (B) strengthening deterrence at home and abroad; - (C) preserving freedom of the seas in the Arctic; - and - (D) evolving the infrastructure and capabilities of - the Department in the Arctic consistent with changing - conditions and needs. - (18) The United States Coast Guard Arctic Strategic Outlook - released in April 2019 states, ``Demonstrating commitment to - operational presence, Canada, Denmark, and Norway have made - strategic investments in ice-capable patrol ships charged with - national or homeland security missions. [The United States] is - the only Arctic State that has not made similar investments in - ice-capable surface maritime security assets. This limits the - ability of the Coast Guard, and the Nation, to credibly uphold - sovereignty or respond to contingencies in the Arctic''. - (19) On January 12, 2017, Secretary of Defense James Mattis - stated, ``The Arctic is key strategic terrain . . . Russia is - taking aggressive steps to increase its presence there . . . I - will prioritize the development of an integrated strategy for - the Arctic. I believe that our interests and the security of - the Arctic would benefit from increasing the focus of the - Department of Defense on this region''. - (20) On January 9, 2019, Secretary of the Air Force Heather - Wilson and Chief of Staff of the Air Force General David - Goldfein wrote, ``. . . the Arctic has become even more - important to the nation. Both a northern approach to the United - States, as well as a critical location for projecting American - power, its geo-strategic significance is difficult to - overstate''. - (21) On February 26, 2019, General John Hyten, Commander of - the United States Strategic Command, stated, ``In particular, - the Arctic is an area that we really need to focus on and - really look at investing. That is no longer a buffer zone. We - need to be able to operate there. We need to be able to - communicate there. We need to have a presence there that we - have not invested in in the same way that our adversaries have. - And they see that as a vulnerability from us, whereas it is - becoming a strength for them and it is a weakness for us, we - need to flip that equation''. - (22) On February 26, 2019, General Terrence O'Shaughnessy, - Commander of the United States Northern Command stated, ``It - has become clear that defense of the homeland depends on our - ability to detect and defeat threats operating both in the - Arctic and passing through the Arctic. Russia's fielding of - advanced, long-range cruise missiles capable of flying through - the northern approaches and striking targets in the United - States and Canada has emerged as the dominant military threat - in the Arctic. . . . Meanwhile, China has declared that it is - not content to remain a mere observer in the Arctic and has - taken action to normalize its naval and commercial presence in - the region in order to increase its access to lucrative - resources and shipping routes. I view the Arctic as the front - line in the defense of the United States and Canada . . .''. - (23) On May 6, 2019, Admiral Karl Schultz, Commandant of - the Coast Guard stated, ``We talk about the Arctic as a - competitive space. We've seen China, we see Russia investing - extensively. China built icebreakers in the time since we - updated our strategy. China's been operating off the Alaskan - Arctic for a good part of the last six years on an annual - basis. [The Coast Guard is] championing increased capabilities - in the Arctic . . . better communications, better domain - awareness . . . . I want to see the Arctic remain a peaceful - domain. China's a self-declared Arctic state. They're not one - of the eight Arctic nations, so for me, for the service, its - presence equals influence''. - (24) On May 6, 2019, Secretary of State Mike Pompeo stated - that-- - (A) the Arctic ``has become an arena for power and - for competition'', and the United States is ``entering - a new age of strategic engagement in the Arctic, - complete with new threats to the Arctic and its real - estate, and to all of our interests in that region.''; - (B) ``Arctic sea lanes could become the 21st - century Suez and Panama Canals.''; - (C) ``We're concerned about Russia's claim over the - international waters of the Northern Sea Route, - including its newly announced plans to connect it with - China's Maritime Silk Road.''; - (D) ``In the Northern Sea Route, Moscow already - illegally demands other nations request permission to - pass, requires Russian maritime pilots to be aboard - foreign ships, and threatens to use military force to - sink any that fail to comply with their demands.''; - (E) there is a ``pattern of aggressive Russian - behavior here in the Arctic'' and ``we know Russian - territorial ambitions can turn violent''; and - (F) we do not want ``the Arctic Ocean to transform - into a new South China Sea, fraught with militarization - and competing territorial claims'', nor do we want - ``the fragile Arctic environment exposed to the same - ecological devastation caused by China's fishing fleet - in the seas off its coast, or unregulated industrial - activity in its own country''. - (25) On December 6, 2018, Secretary of the Navy Richard - Spencer stated, ``We need to have a strategic Arctic port up in - Alaska. We need to be doing FONOPs in the northwest - in the - northern passage. . . . peace through presence with a submarine - is a little tough''. - (26) Meanwhile, the two closest strategic seaports, as - designated by the Department of Defense, to the Arctic Circle - are the Port of Anchorage and the Port of Tacoma, located - approximately 1,500 nautical miles and 2,400 nautical miles - away, respectively, and approximately 1,900 nautical miles and - 2,800 nautical miles respectively from Barrow, Alaska. - (27) The distance from Bangor, Maine, to Key West, Florida, - is approximately 1,450 nautical miles. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) the Arctic is a region of strategic importance to the - national security interests of the United States and the - Department of Defense must better align its presence, force - posture, and capabilities to meet the growing array of - challenges in the region; and - (2) although much progress has been made to increase - awareness of Arctic issues and to promote increased presence in - the region, additional measures, including the designation of - one or more strategic Arctic ports, are needed to show the - commitment of the United States to this emerging strategic - choke point of future great power competition. - (c) Report Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense, in - consultation with the Chairman of the Joint Chiefs of Staff, - the Commanding General of the United States Army Corps of - Engineers, the Commandant of the Coast Guard, and the - Administrator of the Maritime Administration, shall submit to - the congressional defense committees a report evaluating - potential sites for one or more strategic ports in the Arctic. - (2) Elements.--Consistent with the updated military - strategy for the protection of United States national security - interests in the Arctic region set forth in the report required - under section 1068 of the National Defense Authorization Act - for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 992), the - report required under paragraph (1) shall include-- - (A) an evaluation of the amount of sufficient and - suitable space needed to create capacity for port and - other necessary infrastructure for at least one of each - of type of Navy or Coast Guard vessel, including an - Arleigh Burke class destroyer of the Navy, a national - security cutter, and a heavy polar ice breaker of the - Coast Guard; - (B) an evaluation of the amount of sufficient and - suitable space needed to create capacity for equipment - and fuel storage, technological infrastructure, and - civil infrastructure to support military and civilian - operations, including-- - (i) aerospace warning; - (ii) maritime surface and subsurface - warning; - (iii) maritime control and defense; - (iv) maritime domain awareness; - (v) homeland defense; - (vi) defense support to civil authorities; - (vii) humanitarian relief; - (viii) search and rescue; - (ix) disaster relief; - (x) oil spill response; - (xi) medical stabilization and evacuation; - and - (xii) meteorological measurements and - forecasting; - (C) an identification of proximity and road access - required to an airport designated as a commercial - service airport by the Federal Aviation Administration - that is capable of supporting military and civilian - aircraft for operations designated in subparagraph (B); - (D) a description of the requirements, to include - infrastructure and installations, communications, and - logistics necessary to improve response effectiveness - to support military and civilian operations described - in subparagraph (B); - (E) an identification of the sites that the - Secretary recommends as potential sites for designation - as Department of Defense Strategic Arctic Ports; - (F) the estimated cost of sufficient construction - necessary to initiate and sustain expected operations - at such sites; and - (G) such other information as the Secretary deems - relevant. - (d) Designation of Strategic Arctic Ports.--Not later than 90 days -after the date on which the report required under subsection (c) is -submitted, the Secretary of Defense, in consultation with the Chairman -of the Joint Chiefs of Staff, the Commanding General of the United -States Army Corps of Engineers, the Commandant of the Coast Guard, and -the Administrator of the Maritime Administration, shall designate one -or more ports as Department of Defense Strategic Arctic Ports from the -sites identified under subsection (c)(2)(E). - (e) Rule of Construction.--Nothing in this section may be construed -to authorize any additional appropriations for the Department of -Defense for the establishment of any port designated pursuant to this -section. - (f) Arctic Defined.--In this section, the term ``Arctic'' has the -meaning given that term in section 112 of the Arctic Research and -Policy Act of 1984 (15 U.S.C. 4111). - -SEC. 1042. EXTENSION OF NATIONAL SECURITY COMMISSION ON ARTIFICIAL - INTELLIGENCE. - - (a) Extension.--Subsection (e) of section 1051 of the John S. -McCain National Defense Authorization Act for Fiscal Year 2019 (Public -Law 115-232; 132 Stat. 1962) is amended by striking ``October 1, 2020'' -and inserting ``March 1, 2021''. - (b) Reports.--Subsection (c) of such section is amended-- - (1) in paragraph (1), by striking ``Not later than 180 days - after the date of the enactment of this Act'' and inserting - ``Not later than August 1, 2019''; - (2) by redesignating paragraph (3) as paragraph (4); and - (3) by inserting after paragraph (1) the following new - paragraphs: - ``(2) Interim reports.--Not later than each of December 1, - 2019, and December 1, 2020, the Commission shall submit as - described in that paragraph an interim report on the review - required under subsection (b). - ``(3) Final report.--Not later than March 1, 2021, the - Commission shall submit as described in paragraph (1) a - comprehensive final report on the review required under - subsection (b).''. - -SEC. 1043. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP. - - (a) Transfer Authority.--Notwithstanding section 2215 of title 10, -United States Code, the Secretary of Defense may transfer to the -Secretary of State, for use by the United States Agency for -International Development, amounts to be used for the Bien Hoa dioxin -cleanup in Vietnam. - (b) Limitation on Amount.--Not more than $15,000,000 may be -transferred in fiscal year 2020 under the authority in subsection (a). - (c) Additional Transfer Authority.--The transfer authority in -subsection (a) is in addition to any other transfer authority available -to the Department of Defense. - -SEC. 1044. LIMITATION ON USE OF FUNDS TO HOUSE CHILDREN SEPARATED FROM - PARENTS. - - (a) In General.--None of the amounts authorized to be appropriated -by this Act to the Department of Defense for fiscal year 2020 may be -used to house a child separated from a parent. - (b) Child Separated From a Parent Defined.--The term ``child -separated from a parent'' means a person who-- - (1) entered the United States, before attaining 18 years of - age, at a port of entry or between ports of entry; and - (2) was separated from his or her parent or legal guardian - by the Department of Homeland Security, and the Department of - Homeland Security failed to demonstrate in a hearing that the - parent or legal guardian was unfit or presented a danger to the - child. - -SEC. 1045. USE OF FUNDS FOR DEFENSE OF THE ARMED FORCES AND UNITED - STATES CITIZENS AGAINST ATTACK BY FOREIGN HOSTILE FORCES. - - Amounts authorized to be appropriated by this Act may be used to -ensure the ability of the Armed Forces of the United States to defend -themselves, and United States citizens, against attack by the -government, military forces, or proxies of a foreign nation or by other -hostile forces. - - Subtitle F--Studies and Reports - -SEC. 1051. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS ON DEFENSE - MANPOWER. - - (a) Conversion of Annual Requirements Report Into Annual Profile -Report.--Section 115a of title 10, United States Code, is amended-- - (1) in subsection (a)-- - (A) in the matter preceding paragraph (1), by - striking the first two sentences and inserting the - following new sentence: ``Not later than April 1 each - year, the Secretary of Defense shall submit to Congress - a defense manpower profile report.''; - (B) in paragraph (1), by adding ``and'' at the end; - (C) in paragraph (2), by striking ``; and'' and - inserting a period; and - (D) by striking paragraph (3); - (2) in subsection (b)-- - (A) by striking ``(1)''; and - (B) by striking paragraphs (2) and (3); - (3) in subsection (c), by striking ``the following:'' and - all that follows and inserting ``the manpower required for - support and overhead functions within the armed forces and the - Department of Defense.''; - (4) by striking subsections (e) and (h); and - (5) by redesignating subsections (f) and (g) as subsections - (e) and (f), respectively. - (b) Conversion of Certain Current Report Elements Into Separate, -Modified Reports.--Such section is further amended-- - (1) in subsection (e), as redesignated by subsection (a)(5) - of this section-- - (A) in the matter preceding paragraph (1), by - striking ``The Secretary shall also include in each - such report'' and inserting ``Not later than June 1 - each year, the Secretary shall submit to Congress a - report that sets forth''; and - (B) in paragraph (1), by striking ``and estimates - of such numbers for the current fiscal year and - subsequent fiscal years''; and - (2) in subsection (f), as so redesignated-- - (A) in the matter preceding paragraph (1), by - striking ``In each report submitted under subsection - (a), the Secretary shall also include a detailed - discussion'' and inserting ``Not later than September 1 - each year, the Secretary shall submit to Congress a - report that sets forth a detailed discussion, current - as of the preceding fiscal year''; and - (B) by striking ``the year'' each place it appears - and inserting ``the fiscal year''. - (c) Conforming and Clerical Amendments.-- - (1) Heading amendment.--The heading of such section is - amended to read as follows: -``Sec. 115a. Annual defense manpower profile report and related - reports''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 3 of such title is amended by striking the - item relating to section 115a and inserting the following new - item: - -``115a. Annual defense manpower profile report and related reports.''. - -SEC. 1052. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO IMPLEMENT A FORCE - PLANNING PROCESS IN SUPPORT OF IMPLEMENTATION OF THE 2018 - NATIONAL DEFENSE STRATEGY. - - (a) Report Required.--Not later than February 1, 2020, the Under -Secretary of Defense for Policy shall submit to the congressional -defense committees a report setting forth the plan and processes of the -Department of Defense to provide analytic support to senior leaders of -the Department for the force planning required to implement the 2018 -National Defense Strategy. The analytic support shall be designed to -weigh options, examine tradeoffs across the joint force, and drive -decisions on force sizing, shaping, capability, and concept development -in order to address the threats outlined in the 2018 National Defense -Strategy. - (b) Elements.--The report required by subsection (a) shall include -an assessment of the following: - (1) The major elements, products, and milestones of the - force planning process of the Department. - (2) The conclusions and recommendations of the Defense - Planning and Analysis Community initiative. - (3) The progress of the Department in implementing the - recommendations of the Comptroller General of the United States - set forth in Government Accountability Office Report GAO-19- - 40C. - (4) The progress of the Under Secretary, the Chairman of - the Joint Chiefs of Staff, and the Director of Cost Assessment - and Program Evaluation in implementing paragraph (5) of section - 134(b) of title 10, United States Code, as added by section - 902(b) of the John S. McCain National Defense Authorization Act - for Fiscal Year 2019 (Public Law 115-232). - -SEC. 1053. EXTENSION OF ANNUAL REPORTS ON CIVILIAN CASUALTIES IN - CONNECTION WITH UNITED STATES MILITARY OPERATIONS. - - Section 1057(e) of the National Defense Authorization Act for -Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1572) is amended by -striking ``the date this is five years after the date of the enactment -of this Act'' and inserting ``December 31, 2025''. - -SEC. 1054. REPORT ON JOINT FORCE PLAN FOR IMPLEMENTATION OF STRATEGIES - OF THE DEPARTMENT OF DEFENSE FOR THE ARCTIC. - - (a) In General.--Not later than 270 days after the date on which -the Secretary of Defense submits to the congressional defense -committees the report on an updated Arctic strategy to improve and -enhance joint operations required by section 1071 of the John S. McCain -National Defense Authorization Act for Fiscal Year 2019 (Public Law -115-232), the Secretary of Defense shall, in coordination with the -Secretary of the Army, the Secretary of the Navy, and the Secretary of -the Air Force, submit to the congressional defense committees a joint -force plan for implementation of the following: - (1) The December 2016 Report to Congress on the Strategy to - Protect United States National Security Interests in the Arctic - Region. - (2) The updated Arctic strategy to improve and enhance - joint operations. - (b) Elements.--The report required by subsection (a) shall include -the following in connection with the strategies for the Arctic referred -to in that subsection: - (1) A description of the specific means for-- - (A) enhancing the capability of the Armed Forces to - defend the homeland and exercise sovereignty; - (B) strengthening deterrence at home and abroad; - (C) strengthening alliances and partnerships; - (D) preserving freedom of the seas in the Arctic; - (E) engaging public, private, and international - partners to improve domain awareness in the Arctic; - (F) developing Department of Defense Arctic - infrastructure and capabilities consistent with - changing conditions and needs; - (G) providing support to civil authorities, as - directed; - (H) partnering with other departments, agencies, - and countries to support human and environmental - security; and - (I) supporting international institutions that - promote regional cooperation and the rule of law. - (2) An analysis of the operational and contingency plans - for the protection of United States national security interests - in the Arctic region. - (3) A description of training, capability, and resource - gaps that must be addressed to execute each mission described - in the updated Arctic strategy. - (4) A description of the current and projected Arctic - capabilities of the Russian Federation and the People's - Republic of China, and an analysis of United States - capabilities for satisfying-- - (A) each mission described in the updated Arctic - strategy; and - (B) the strategic objectives in the National - Defense Strategy. - (c) Form.--The report required by subsection (a) shall be submitted -in unclassified form, but may include a classified annex. - -SEC. 1055. REPORT ON USE OF NORTHERN TIER BASES IN IMPLEMENTATION OF - ARCTIC STRATEGY OF THE UNITED STATES. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense, in coordination with -the Secretary of the Air Force, shall submit to the congressional -defense committees a report outlining how bases in the northern -latitudes, including Northern Tier bases, may be used in the -implementation of-- - (1) recommendations included in the report submitted by the - Secretary of Defense to Congress in December 2016 entitled - ``Report to Congress on Strategy to Protect United States - National Security Interests in the Arctic Region''; and - (2) the updated Arctic strategy to improve and enhance - joint operations required to be submitted to the congressional - defense committees under section 1071 of the John S. McCain - National Defense Authorization Act for Fiscal Year 2019 (Public - Law 115-232). - (b) Inclusion of Mission Sets.--The report under subsection (a) -shall include a description of current and future mission sets at -Northern Tier bases that may further the Arctic strategy of the United -States. - (c) Northern Tier Bases Defined.--In this section, the term -``Northern Tier bases'' means installations in the continental United -States that are located in States bordering Canada. - -SEC. 1056. REPORT ON THE DEPARTMENT OF DEFENSE PLAN FOR MASS-CASUALTY - DISASTER RESPONSE OPERATIONS IN THE ARCTIC. - - (a) Sense of Senate.--It is the sense of the Senate that-- - (1) the Department of Defense may be called upon to support - the Coast Guard and other agencies of the Department of - Homeland Security in responding to any mass-casualty disaster - response operations in the Arctic; - (2) coordination between the Department of Defense and the - Coast Guard might be necessary for responding to a mass- - casualty event in the Arctic; and - (3) prior planning for Arctic mass-casualty disaster - response operations will bolster the response of the Federal - Government to a mass-casualty disaster in the Arctic - environment. - (b) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall, in coordination -with the Secretary of Homeland Security, submit to the appropriate -committees of Congress a report on the plan of the Department of -Defense for assisting mass-casualty disaster response operations in the -Arctic. - (c) Elements.--The report required by subsection (b) shall include -the following: - (1) A description of the assets that could be made - available to support other agencies and departments of the - Federal Government for mass-casualty disaster response - operations in the Arctic. - (2) A description and assessment of the command, control, - and coordination relationships that would be useful to - integrate rescue forces for such operations from multiple - departments and agencies of the Federal Government. - (3) A description and assessment of the communications - assets that could be made available in support of other - agencies and departments of the Federal Government for - communication and coordination in such operations. - (4) A description of any cooperative arrangements with - Canada and other regional partners in providing rescue assets - and infrastructure in connection with such operations. - (5) A description of available medical infrastructure and - assets that could be made available in support of other - agencies and departments of the Federal Government for - aeromedical evacuation in connection with such operations. - (6) A description of available shelter locations that could - be made available in support of other agencies and departments - of the Federal Government for use in connection with such - operations, including the number of people that can be - sheltered per location. - (7) An assessment of logistical challenges that evacuations - from the Arctic in connection with such operations entail, - including potential rotary and fixed-wing aircraft trans-load - locations and onward movement requirements. - (d) Appropriate Committees of Congress Defined.--In this section, -the term ``appropriate committees of Congress'' means-- - (1) the Committee on Armed Services, the Committee on - Homeland Security and Governmental Affairs, and the Committee - on Appropriations of the Senate; and - (2) the Committee on Armed Services, the Committee on - Homeland Security, and the Committee on Appropriations of the - House of Representatives. - -SEC. 1057. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR COMPENSATION OF - RETIRED GENERAL OR FLAG OFFICERS BY FOREIGN GOVERNMENTS - FOR EMOLUMENTS CLAUSE PURPOSES. - - (a) Annual Reports.--Section 908 of title 37, United States Code, -is amended by adding at the end the following new subsection: - ``(d) Annual Reports on Approvals for Retired General and Flag -Officers.--(1) Not later than January 31 each year, the Secretaries of -the military departments shall jointly submit to the appropriate -committees and Members of Congress a report on each approval under -subsection (b) for employment or compensation described in subsection -(a) for a retired member of the armed forces in a general or flag -officer grade that was issued during the preceding year. - ``(2) In this subsection, the appropriate committees and Members of -Congress are-- - ``(A) the Committee on Armed Services, the Committee on - Foreign Relations, and the Committee on Appropriations of the - Senate; - ``(B) the Committee on Armed Services, the Committee on - Foreign Affairs, and the Committee on Appropriations of the - House of Representatives; - ``(C) the Majority Leader and the Minority Leader of the - Senate; and - ``(D) the Speaker of the House of Representatives and the - Minority Leader of the House of Representatives.''. - (b) Scope of First Report.--The first report submitted pursuant to -subsection (d) of section 908 of title 37, United States Code (as added -by subsection (a) of this section), after the date of the enactment of -this Act shall cover the five-year period ending with the year before -the year in which such report is submitted. - -SEC. 1058. TRANSMITTAL TO CONGRESS OF REQUESTS FOR ASSISTANCE RECEIVED - BY THE DEPARTMENT OF DEFENSE FROM OTHER DEPARTMENTS. - - (a) Requests for Assistance.--Not later than seven calendar days -after the receipt by the Department of Defense of a Request for -Assistance from the Department of Homeland Security or the Department -of Health and Human Services, the Secretary of Defense shall -electronically transmit to the Committees on Armed Services of the -Senate and the House of Representatives a copy of such Request for -Assistance. - (b) Responses to Requests.--At the same time the Secretary of -Defense submits to the Secretary of Homeland Security or the Secretary -of Health and Human Services an official response of the Department of -Defense to a Request for Assistance from the Department of Homeland -Security or the Department of Health and Human Services, as applicable, -the Secretary of Defense shall transmit to the Committees on Armed -Services of the Senate and the House of Representatives a copy of such -official response. - -SEC. 1059. SEMIANNUAL REPORT ON CONSOLIDATED ADJUDICATION FACILITY OF - THE DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY. - - Not less frequently than once every six months until the Director -of the Defense Counterintelligence and Security Agency determines that -a steady-state level has been achieved for the Consolidated -Adjudication Facility of the Agency, the Director shall submit to the -congressional defense committees a report on inventory and timeliness -metrics relating to such facility. - -SEC. 1060 COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON POST- - GOVERNMENT EMPLOYMENT OF FORMER DEPARTMENT OF DEFENSE - OFFICIALS. - - Not later than 90 days after the date of the enactment of this Act, -the Comptroller General of the United States shall initiate a review -updating the information and findings contained in the May 2008 -Government Accountability Office report entitled, ``Defense -Contracting: Post-Government Employment of Former DOD Officials Needs -Greater Transparency'' (GAO-08-485). The Comptroller General shall -provide an interim briefing on the status of the review to the -congressional defense committees not later than December 31, 2020, with -a report to follow by a date agreed upon with the committees. - -Subtitle G--Treatment of Contaminated Water Near Military Installations - -SEC. 1071. SHORT TITLE. - - This subtitle may be cited as the ``Prompt and Fast Action to Stop -Damages Act of 2019''. - -SEC. 1072. DEFINITIONS. - - In this subtitle: - (1) PFOA.--The term ``PFOA'' means perfluorooctanoic acid. - (2) PFOS.--The term ``PFOS'' means perfluorooctane - sulfonate. - -SEC. 1073. PROVISION OF WATER UNCONTAMINATED WITH PERFLUOROOCTANOIC - ACID (PFOA) AND PERFLUOROOCTANE SULFONATE (PFOS) FOR - AGRICULTURAL PURPOSES. - - (a) Authority.-- - (1) In general.--Using amounts authorized to be - appropriated or otherwise made available for operation and - maintenance for the military department concerned, or for - operation and maintenance Defense-wide in the case of the - Secretary of Defense, the Secretary concerned may provide water - sources uncontaminated with perfluoroalkyl and polyfluoroalkyl - substances, including PFOA and PFOS, or treatment of - contaminated waters, for agricultural purposes used to produce - products destined for human consumption in an area in which a - water source has been determined pursuant to paragraph (2) to - be contaminated with such compounds by reason of activities on - a military installation under the jurisdiction of the Secretary - concerned. - (2) Applicable standard.--For purposes of paragraph (1), an - area is determined to be contaminated with PFOA or PFOS if-- - (A) the level of contamination is above the - Lifetime Health Advisory for contamination with such - compounds issued by the Environmental Protection Agency - and printed in the Federal Register on May 25, 2016; or - (B) on or after the date the Food and Drug - Administration sets a standard for PFOA and PFOS in raw - agricultural commodities and milk, the level of - contamination is above such standard. - (b) Secretary Concerned Defined.--In this section, the term -``Secretary concerned'' means the following: - (1) The Secretary of the Army, with respect to the Army. - (2) The Secretary of the Navy, with respect to the Navy, - the Marine Corps, and the Coast Guard (when it is operating as - a service in the Navy). - (3) The Secretary of the Air Force, with respect to the Air - Force. - (4) The Secretary of Defense, with respect to the Defense - Agencies. - -SEC. 1074. ACQUISITION OF REAL PROPERTY BY AIR FORCE. - - (a) Authority.-- - (1) In general.--The Secretary of the Air Force may acquire - one or more parcels of real property within the vicinity of an - Air Force base that has shown signs of contamination from PFOA - and PFOS due to activities on the base and which would extend - the contiguous geographic footprint of the base and increase - the force protection standoff near critical infrastructure and - runways. - (2) Improvements and personal property.--The authority - under paragraph (1) to acquire real property described in that - paragraph shall include the authority to purchase improvements - and personal property located on that real property. - (3) Relocation expenses.--The authority under paragraph (1) - to acquire real property described in that paragraph shall - include the authority to provide Federal financial assistance - for moving costs, relocation benefits, and other expenses - incurred in accordance with the Uniform Relocation Assistance - and Real Property Acquisition Policies Act of 1970 (42 U.S.C. - 4601 et seq.). - (b) Environmental Activities.--The Air Force shall conduct such -activities at a parcel or parcels of real property acquired under -subsection (a) as are necessary to remediate contamination from PFOA -and PFOS related to activities at the Air Force base. - (c) Funding.--Funds for the land acquisitions authorized under -subsection (a) shall be derived from amounts authorized to be -appropriated for fiscal year 2020 for military construction or the -unobligated balances of appropriations for military construction that -are enacted after the date of the enactment of this Act. - (d) Rule of Construction.--The authority under this section -constitutes authority to carry out land acquisitions for purposes of -section 2802 of title 10, United States Code. - -SEC. 1075. REMEDIATION PLAN. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to -Congress a remediation plan for cleanup of all water at or adjacent to -a military base that is contaminated with PFOA or PFOS. - (b) Study.--In preparing the remediation plan under subsection (a), -the Secretary shall conduct a study on the contamination of water at -military bases with PFOA or PFOS. - (c) Budget Amount.--The Secretary shall ensure that each budget of -the President submitted to Congress under section 1105(a) of title 31, -United States Code, requests funding in amounts necessary to address -remediation efforts under the remediation plan submitted under -subsection (a). - - Subtitle H--Other Matters - -SEC. 1081. REVISION TO AUTHORITIES RELATING TO MAIL SERVICE FOR MEMBERS - OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIANS - OVERSEAS. - - (a) Eligibility for Free Mail.--Section 3401(a) of title 39, United -States Code, is amended to read as follows: - ``(a)(1) First-class letter mail having the character of personal -correspondence shall be carried, at no cost to the sender, in the -manner provided by this section, when mailed by an eligible individual -described in paragraph (2) and addressed to a place within the delivery -limits of a United States post office, if-- - ``(A) such letter mail is mailed by the eligible - individual at an Armed Forces post office established - in an overseas area designated by the President, where - the Armed Forces of the United States are deployed for - a contingency operation as determined by the Secretary - of Defense; or - ``(B) the eligible individual is hospitalized as a - result of disease or injury incurred as a result of - service in an overseas area designated by the President - under subparagraph (A). - ``(2) An eligible individual described in this paragraph - is-- - ``(A) a member of the Armed Forces of the United - States on active duty, as defined in section 101 of - title 10; or - ``(B) a civilian employee of the Department of - Defense or a military department who is providing - support to military operations.''. - (b) Surface Shipment of Mail Authorized.--Section 3401 of title 39, -United States Code, is amended-- - (1) by striking subsection (c); - (2) by redesignating subsections (d), (e), (f), and (g) as - subsections (c), (d), (e), and (f), respectively; and - (3) by amending subsection (b) to read as follows: - ``(b) There shall be transported by surface or air, consistent with -the service purchased by the mailer, between Armed Forces post offices -or from an Armed Forces post office to a point of entry into the United -States, the following categories of mail matter which are mailed at any -such Armed Forces post office: - ``(1) Letter mail communications having the character of - personal correspondence. - ``(2) Any parcel exceeding 1 pound in weight but less than - 70 pounds in weight and less than 130 inches in length and - girth combined. - ``(3) Publications published not less frequently than once - per week and featuring principally current news of interest to - members of the Armed Forces of the United States and the - general public.''. - (c) Technical and Conforming Amendments.-- - (1) Section 3401 of title 39, United States Code, is - amended in the section heading by striking ``and of friendly - foreign nations''. - (2) The table of sections for chapter 34 of title 39, - United States Code, is amended by striking the item relating to - section 3401 and inserting the following: - -``3401. Mailing privileges of members of Armed Forces of the United - States.''. - -SEC. 1082. ACCESS TO AND USE OF MILITARY POST OFFICES BY UNITED STATES - CITIZENS EMPLOYED OVERSEAS BY THE NORTH ATLANTIC TREATY - ORGANIZATION WHO PERFORM FUNCTIONS IN SUPPORT OF MILITARY - OPERATIONS OF THE ARMED FORCES. - - Section 406 of title 39, United States Code, is amended by adding -at the end the following: - ``(c)(1) The Secretary of Defense may authorize the use of a post -office established under subsection (a) in a location outside the -United States by citizens of the United States-- - ``(A) who-- - ``(i) are employed by the North Atlantic Treaty - Organization; and - ``(ii) perform functions in support of the Armed - Forces of the United States; and - ``(B) if the Secretary makes a written determination that - such use is-- - ``(i) in the best interests of the Department of - Defense; and - ``(ii) otherwise authorized by applicable host - nation law or agreement. - ``(2) No funds may be obligated or expended to establish, maintain, -or expand a post office established under subsection (a) for the -purpose of use described in paragraph (1) of this subsection.''. - -SEC. 1083. GUARANTEE OF RESIDENCY FOR SPOUSES OF MEMBERS OF UNIFORMED - SERVICES. - - (a) In General.--Title VI of the Servicemembers Civil Relief Act -(50 U.S.C. 4021 et seq.) is amended by adding at the end the following -new section: - -``SEC. 707. GUARANTEE OF RESIDENCY FOR SPOUSES OF SERVICEMEMBERS. - - ``For the purposes of establishing the residency of a spouse of a -servicemember for any purpose, the spouse of a servicemember may elect -to use the same residence as the servicemember regardless of the date -on which the marriage of the spouse and the servicemember occurred.''. - (b) Clerical Amendment.--The table of contents in section 1(b) of -such Act is amended by inserting after the item relating to section 706 -the following new item: - -``Sec. 707. Guarantee of residency for spouses of servicemembers.''. - -SEC. 1084. EXTENSION OF REQUIREMENT FOR BRIEFINGS ON THE NATIONAL - BIODEFENSE STRATEGY. - - Section 1086(d) of the National Defense Authorization Act for -Fiscal year 2017 (Public Law 114-328; 130 Stat. 2423; 6 U.S.C. 104) is -amended by striking ``March 1, 2019'' and inserting ``March 1, 2025''. - -SEC. 1085. EXTENSION OF NATIONAL COMMISSION ON MILITARY AVIATION - SAFETY. - - (a) Extension of Deadline for Report.--Section 1087(h)(2) of the -John S. McCain National Defense Authorization Act for Fiscal Year 2019 -(Public Law 115-232; 132 Stat. 1995) is amended by striking ``March 1, -2020'' and inserting ``December 31, 2020''. - (b) Calendar Year 2020 Funding.--Of the amount authorized to be -appropriated for fiscal year 2020 for the Department of Defense by this -Act, $3,000,000 shall be available for the National Commission on -Aviation Safety under section 1087 of the John S. McCain National -Defense Authorization Act for Fiscal Year 2019 in calendar year 2020. - - TITLE XI--CIVILIAN PERSONNEL MATTERS - -SEC. 1101. MODIFICATION OF TEMPORARY ASSIGNMENTS OF DEPARTMENT OF - DEFENSE EMPLOYEES TO A PRIVATE-SECTOR ORGANIZATION. - - Section 1599g(e)(2)(A) of title 10, United States Code, is amended -by inserting ``permanent'' after ``without the''. - -SEC. 1102. MODIFICATION OF NUMBER OF AVAILABLE APPOINTMENTS FOR CERTAIN - AGENCIES UNDER PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT - EXPERTS IN SCIENCE AND ENGINEERING. - - Section 1599h(b)(1) of title 10, United States Code, is amended-- - (1) in subparagraph (A), by striking ``40'' and inserting - ``10''; and - (2) in subparagraph (B), by striking ``100'' and inserting - ``130''. - -SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT - ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN - PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. - - Paragraph (2) of section 1603(a) of the Emergency Supplemental -Appropriations Act for Defense, the Global War on Terror, and Hurricane -Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section -1102 of the Duncan Hunter National Defense Authorization Act for Fiscal -Year 2009 (Public Law 110-417; 122 Stat. 4616) and most recently -amended by section 1115 of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further -amended by striking ``2020'' and inserting ``2021''. - -SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION - ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR - FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS. - - Subsection (a) of section 1101 of the Duncan Hunter National -Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 -Stat. 4615), as most recently amended by section 1104(a) of the John S. -McCain National Defense Authorization Act for Fiscal Year 2019 (Public -Law 115-232), is further amended by striking ``through 2019'' and -inserting ``through 2020''. - -SEC. 1105. REIMBURSEMENT OF FEDERAL EMPLOYEES FOR FEDERAL, STATE, AND - LOCAL INCOME TAXES INCURRED DURING TRAVEL, - TRANSPORTATION, AND RELOCATION. - - (a) In General.--5724b of title 5, United States Code, is amended-- - (1) in the section heading by striking ``of employees - transferred''; - (2) in subsection (a)-- - (A) in the first sentence, by striking ``employee, - or by an employee and such employee's spouse (if filing - jointly), for any moving or storage'' and inserting - ``individual, or by an individual and such individual's - spouse (if filing jointly), for any travel, - transportation, or relocation''; and - (B) in the second sentence, by striking - ``employee'' and inserting ``individual, or the - individual''; and - (3) by striking subsection (b) and inserting the following: - ``(b) For purposes of this section, the term `travel, -transportation, or relocation expenses' means all travel, -transportation, or relocation expenses reimbursed or furnished in kind -pursuant to this subchapter or chapter 41.''. - (b) Technical and Conforming Amendment.--The table of sections for -chapter 57 of title 5, United States Code, is amended by striking the -item relating to section 5724b and inserting the following: + Subtitle A--Assistance and Training + +Sec. 1201. Modification of authority to build capacity of foreign + security forces. +Sec. 1202. Modification and extension of cross servicing agreements for + loan of personnel protection and personnel survivability + equipment in coalition operations. +Sec. 1203. Modifications of authorities relating to acquisition and + cross-servicing agreements. +Sec. 1204. Modification of quarterly report on obligation and + expenditure of funds for security cooperation programs and + activities. +Sec. 1205. Gender perspectives and participation by women in security + cooperation activities. +Sec. 1206. Plan to provide consistency of administration of authorities + relating to vetting of units of security forces of foreign + countries; modification of assessment, monitoring, and + evaluation of security cooperation programs and activities. +Sec. 1207. Extension of authority for support of special operations for + irregular warfare. +Sec. 1208. Extension and modification of Commanders' Emergency Response + Program and elimination of certain payments to redress injury + and loss. +Sec. 1209. Two-year extension of program authority for Global Security + Contingency Fund. +Sec. 1210. Legal institutional capacity building initiative for foreign + defense institutions. +Sec. 1210A. Department of Defense support for stabilization activities + in national security interest of the United States. -``5724b. Taxes on reimbursements for travel, transportation, and - relocation expenses.''. - (c) Effective Date.--The amendments made by this section shall-- - (1) take effect on the date of the enactment of this Act; - and - (2) apply to travel, transportation, or relocation expenses - incurred on or after that date. + Subtitle B--Matters Relating to Afghanistan and Pakistan - TITLE XII--MATTERS RELATING TO FOREIGN NATIONS +Sec. 1211. Extension of authority to transfer defense articles and + provide defense services to the military and security forces + of Afghanistan. +Sec. 1212. Extension and modification of authority to acquire products + and services produced in countries along a major route of + supply to Afghanistan. +Sec. 1213. Authority for certain payments to redress injury and loss. +Sec. 1214. Extension and modification of semiannual report on enhancing + security and stability in Afghanistan. +Sec. 1215. Special Immigrant Visa program reporting requirement. +Sec. 1216. Meaningful inclusion of Afghan women in peace negotiations. +Sec. 1217. Extension and modification of authority for reimbursement of + certain coalition nations for support provided to United + States military operations. +Sec. 1218. Support for reconciliation activities led by the Government + of Afghanistan. +Sec. 1219. Modification and extension of the Afghan Special Immigrant + Visa Program. + + Subtitle C--Matters Relating to Syria, Iraq, and Iran + +Sec. 1221. Modification of authority and limitation on use of funds to + provide assistance to counter the Islamic State of Iraq and + Syria. +Sec. 1222. Extension and modification of authority to provide assistance + to vetted Syrian groups and individuals. +Sec. 1223. Modification of authority to support operations and + activities of the Office of Security Cooperation in Iraq. +Sec. 1224. Establishing a coordinator for detained ISIS members and + relevant displaced populations in Syria. +Sec. 1225. Report on lessons learned from efforts to liberate Mosul and + Raqqah from control of the Islamic State of Iraq and Syria. +Sec. 1226. Expansion of availability of financial assets of Iran to + victims of terrorism. +Sec. 1227. Report on the status of deconfliction channels with Iran. +Sec. 1228. Prohibition on provision of weapons and other forms of + support to certain organizations. + + Subtitle D--Matters Relating to the Russian Federation + +Sec. 1231. Extension of limitation on military cooperation between the + United States and Russia. +Sec. 1232. Prohibition on availability of funds relating to sovereignty + of Russia over Crimea. +Sec. 1233. Sense of Congress on updating and modernizing existing + agreements to avert miscalculation between the United States + and Russia. +Sec. 1234. United States participation in Open Skies Treaty. +Sec. 1235. Modifications of briefing, notification, and reporting + requirements relating to non-compliance by the Russian + Federation with its obligations under the INF Treaty. +Sec. 1236. Report on treaties relating to nuclear arms control. +Sec. 1237. Reports relating to the New START Treaty. +Sec. 1238. Report on military activities of the Russian Federation and + the People's Republic of China in the Arctic region. +Sec. 1239. Updated strategy to counter the threat of malign influence by + the Russian Federation and other countries. + + Subtitle E--Matters Relating to Europe and NATO + +Sec. 1241. Sense of Congress on support for the North Atlantic Treaty + Organization. +Sec. 1242. Prohibition on the use of funds to suspend, terminate, or + provide notice of denunciation of the North Atlantic Treaty. +Sec. 1243. Future years plans and planning transparency for the European + Deterrence Initiative. +Sec. 1244. Modification and extension of Ukraine Security Assistance + Initiative. +Sec. 1245. Limitation on transfer of F-35 aircraft to Turkey. +Sec. 1246. Baltic defense assessment; extension and modification of + security assistance for Baltic countries for joint program for + interoperability and deterrence against aggression. +Sec. 1247. Extension of authority for and report on training for Eastern + European national security forces in the course of + multilateral exercises. +Sec. 1248. Extension and modification of NATO Special Operations + Headquarters. +Sec. 1249. North Atlantic Treaty Organization Joint Force Command. +Sec. 1250. Report on North Atlantic Treaty Organization Readiness + Initiative. +Sec. 1250A. Repeal of prohibition on transfer of articles on the United + States munitions list to the Republic of Cyprus. + + Subtitle F--Matters Relating to the Indo-Pacific Region + +Sec. 1251. Modification of Indo-Pacific Maritime Security Initiative. +Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and + limitation on use of funds. +Sec. 1253. Report on resourcing United States defense requirements for + the Indo-Pacific region and study on competitive strategies. +Sec. 1254. Limitation on use of funds to reduce the total number of + members of the Armed Forces serving on active duty who are + deployed to South Korea. +Sec. 1255. Report on direct, indirect, and burden-sharing contributions + of Japan and South Korea. +Sec. 1256. Sense of Congress on security commitments to the Governments + of Japan and the Republic of Korea and trilateral cooperation + among the United States, Japan, and the Republic of Korea. +Sec. 1257. Sense of Congress on North Korea. +Sec. 1258. Statement of policy and sense of Congress on, and strategy to + fulfill obligations under, Mutual Defense Treaty with the + Republic of the Philippines. +Sec. 1259. Report on security cooperation with the Philippine National + Police. +Sec. 1260. Modification of annual report on military and security + developments involving the People's Republic of China. +Sec. 1260A. Report on foreign military activities in Pacific Island + countries. +Sec. 1260B. Report on cybersecurity activities with Taiwan. +Sec. 1260C. Review and report related to the Taiwan Relations Act. +Sec. 1260D. Sense of Congress on enhancement of the United States-Taiwan + defense relationship. +Sec. 1260E. Chinese foreign direct investment in countries of the Arctic + region. +Sec. 1260F. Sense of Congress on policy toward Hong Kong. +Sec. 1260G. Sense of Congress on enhancing defense and security + cooperation with the Republic of Singapore. +Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup. +Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from + entity list of Bureau of Industry and Security. +Sec. 1260J. Report on ZTE compliance with Superseding Settlement + Agreement and Superseding Order. +Sec. 1260K. Report on the lay-down of United States Marines in the Indo- + Pacific Region. + + Subtitle G--Other Matters + +Sec. 1261. Modification to report on legal and policy frameworks for the + use of military force. +Sec. 1262. Independent review of sufficiency of resources available to + United States Southern Command and United States Africa + Command. +Sec. 1263. United States Central Command posture assessment and review. +Sec. 1264. Limitation on production of nuclear proliferation assessment + statements. +Sec. 1265. Western Hemisphere resource assessment. +Sec. 1266. Human rights in Brazil. +Sec. 1267. Certification relating to assistance for Guatemala. +Sec. 1268. Independent analysis of human rights situation in Honduras. +Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian + military to prevent, mitigate, and respond to civilian harm. +Sec. 1270. Report on implications of Chinese military presence in + Djibouti. +Sec. 1271. Rule of construction on the permanent stationing of United + States Armed Forces in Somalia. +Sec. 1272. Defense and diplomatic strategy for Libya. +Sec. 1273. Prohibition on in-flight refueling to non-United States + aircraft that engage in hostilities in the ongoing civil war + in Yemen. +Sec. 1274. Report on Saudi-led coalition strikes in Yemen. +Sec. 1275. Reports on expenses incurred for in-flight refueling of Saudi + coalition aircraft conducting missions relating to civil war + in Yemen. +Sec. 1276. Report on Saudi Arabia's human rights record. +Sec. 1277. Report on intelligence community assessment relating to the + killing of Washington Post columnist Jamal Khashoggi. +Sec. 1278. United States-Israel cooperation to counter unmanned aerial + systems. +Sec. 1279. Extension and modification of authority for United States- + Israel anti-tunnel cooperation activities. +Sec. 1280. Report on cost imposition strategy. +Sec. 1281. Modification of initiative to support protection of national + security academic researchers from undue influence and other + security threats. +Sec. 1282. Modification of responsibility for policy on civilian + casualty matters. +Sec. 1283. Report on export of certain satellites to entities with + certain beneficial ownership structures. +Sec. 1284. Rule of construction relating to the use of military force. +Sec. 1285. Reports and briefings on use of military force and support of + partner forces. Subtitle A--Assistance and Training -SEC. 1201. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR - WARFARE. - +SEC. 1201. MODIFICATION OF AUTHORITY TO BUILD CAPACITY OF FOREIGN +SECURITY FORCES. + (a) Authority.--Subsection (a)(7) of section 333 of title 10, +United States Code, is amended by inserting ``existing'' before +``international coalition operation''. + (b) Notice and Wait on Activities Under Programs.--Subsection (e) +of such section is amended by adding at the end the following: + ``(9) In the case of a program described in subsection (a), + each of the following: + ``(A) A description of whether assistance under the program + could be provided pursuant to other authorities under this + title, the Foreign Assistance Act of 1961, or any other train + and equip authorities of the Department of Defense. + ``(B) An identification of each such authority described in + subparagraph (A).''. +SEC. 1202. MODIFICATION AND EXTENSION OF CROSS SERVICING AGREEMENTS FOR +LOAN OF PERSONNEL PROTECTION AND PERSONNEL SURVIVABILITY EQUIPMENT IN +COALITION OPERATIONS. + Section 1207 of the Carl Levin and Howard P. ``Buck'' Mckeon +National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2342 +note) is amended-- + (1) by redesignating subsections (d) and (e) as subsections (e) + and (f), respectively; + (2) by inserting after subsection (c) the following: + ``(d) Reports to Congress.--If the authority provided under this +section is exercised during a fiscal year, the Secretary of Defense +shall, with the concurrence of the Secretary of State, submit to the +appropriate committees of Congress a report on the exercise of such +authority by not later than October 30 of the year in which such fiscal +year ends. Each report on the exercise of such authority shall specify +the recipient country of the equipment loaned, the type of equipment +loaned, and the duration of the loan of such equipment.''; and + (3) in subsection (f), as redesignated, by striking ``September + 30, 2019'' and inserting ``December 31, 2024''. +SEC. 1203. MODIFICATIONS OF AUTHORITIES RELATING TO ACQUISITION AND +CROSS-SERVICING AGREEMENTS. + (a) Designation and Notice of Intent to Enter Into Agreement With +Non-NATO Country.--Subsection (b) of section 2342 of title 10, United +States Code, is amended to read as follows: + ``(b)(1) The Secretary of Defense may not designate a country for +an agreement under this section unless-- + ``(A) the Secretary, after consultation with the Secretary of + State, determines that the designation of such country for such + purpose is in the interest of the national security of the United + States; and + ``(B) in the case of a country that is not a member of the + North Atlantic Treaty Organization, the Secretary submits to the + appropriate committees of Congress notice of the intended + designation not less than 30 days before the date on which such + country is designated by the Secretary under subsection (a). + ``(2) In the case of a country that is not a member of the North +Atlantic Treaty Organization, the Secretary of Defense may not enter +into an agreement under this section unless the Secretary submits to +the appropriate committees of Congress a notice of intent to enter into +such an agreement not less than 30 days before the date on which the +Secretary enters into the agreement.''. + (b) Oversight Responsibilities.--Such section is further amended-- + (1) by redesignating subsections (f) through (h) as subsections + (g) through (i), respectively; and + (2) by inserting after subsection (e) the following new + subsection (f): + ``(f) Not later than 30 days after the date of the enactment of the +National Defense Authorization Act for Fiscal Year 2020, the Secretary +of Defense shall designate an existing senior civilian or military +official who shall have primary responsibility for-- + ``(1) accounting for logistic support, supplies, and services + received or provided under acquisition and cross-servicing + agreements; + ``(2) ensuring consistent standards and guidance to the armed + forces and combatant commands in executing acquisition and cross- + servicing agreements; + ``(3) overseeing and monitoring the implementation of + acquisition and cross-servicing agreements in coordination with the + Under Secretary of Defense for Policy; and + ``(4) such other responsibilities as may be prescribed by the + Secretary.''. + (c) Regulations.--Subsection (g) of such section, as redesignated +by subsection (b)(1), is amended to read as follows: + ``(g)(1) Not later than 90 days after the date of the enactment of +the National Defense Authorization Act for Fiscal Year 2020, the +Secretary of Defense shall prescribe regulations to ensure that-- + ``(A) contracts entered into under this subchapter are free + from self-dealing, bribery, and conflict of interests; + ``(B) adequate processes and controls are in place to provide + for the accurate accounting of logistic support, supplies, and + services received or provided under the authority of this + subchapter; and + ``(C) personnel responsible for accounting for logistic + support, supplies, and services received or provided under such + authority are fully trained and aware of such responsibilities. + ``(2)(A) Not later than 270 days after the issuance of the + regulations under paragraph (1), the Comptroller General of the + United States shall conduct a review of the implementation by the + Secretary of such regulations. + ``(B) The review conducted under subparagraph (A) shall-- + ``(i) assess the effectiveness of such regulations and the + implementation of such regulations to ensure the effective + management and oversight of an agreement under subsection + (a)(1); and + ``(ii) include any other matter the Comptroller General + considers relevant.''. + (d) Reports.--Subsection (h) of such section, as redesignated by +subsection (b)(1), is amended-- + (1) in paragraph (1), by striking ``in effect'' and inserting + ``that have entered into force or were applied provisionally''; + (2) in paragraph (2), by striking ``date on which the + Secretary'' and all that follows through the period at the end and + inserting ``dates on which the Secretary notified Congress-- + ``(A) pursuant to subsection (b)(1)(B) of the designation + of such country under subsection (a); and + ``(B) pursuant to subsection (b)(2) of the intent of the + Secretary to enter into the agreement.''; + (3) by amending paragraph (3) to read as follows: + ``(3) The class of supply, total dollar amount, the amount + collected, and the outstanding balance of logistic support, + supplies, and services provided during the preceding fiscal year + under each such agreement.''; + (4) by amending paragraph (4) to read as follows: + ``(4) The class of supply, total dollar amount, the amount + collected, and the outstanding balance of logistic support, + supplies, and services received during the preceding fiscal year + under each such agreement.''; + (5) by striking paragraph (5); and + (6) by adding at the end the following new paragraphs: + ``(5) With respect to any transaction for logistic support, + supplies, and services that has not been reconciled more than one + year after the date on which the transaction occurred, a + description of the transaction that includes the following: + ``(A) The date on which the transaction occurred. + ``(B) The country or organization to which logistic + support, supplies, and services were provided. + ``(C) The value of the transaction. + ``(6) An explanation of any waiver granted under section + 2347(c) during the preceding fiscal year, including an + identification of the relevant contingency operation or non-combat + operation.''. +SEC. 1204. MODIFICATION OF QUARTERLY REPORT ON OBLIGATION AND +EXPENDITURE OF FUNDS FOR SECURITY COOPERATION PROGRAMS AND ACTIVITIES. + Section 381(b) of title 10, United States Code, is amended by +striking ``30 days'' and inserting ``60 days''. +SEC. 1205. GENDER PERSPECTIVES AND PARTICIPATION BY WOMEN IN SECURITY +COOPERATION ACTIVITIES. + Consistent with the Women, Peace, and Security Act of 2017 (Public +Law 115-68), the Secretary of Defense, in coordination with the +Secretary of State, should seek to incorporate gender perspectives and +participation by women in security cooperation activities to the +maximum extent practicable. +SEC. 1206. PLAN TO PROVIDE CONSISTENCY OF ADMINISTRATION OF AUTHORITIES +RELATING TO VETTING OF UNITS OF SECURITY FORCES OF FOREIGN COUNTRIES; +MODIFICATION OF ASSESSMENT, MONITORING, AND EVALUATION OF SECURITY +COOPERATION PROGRAMS AND ACTIVITIES. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense and Secretary of State +shall jointly develop, implement, and submit to the congressional +defense committees, the Committee on Foreign Relations of the Senate, +and the Committee on Foreign Affairs of the House of Representatives a +plan to provide consistency in administration of section 362 of title +10, United States Code, and section 620M of the Foreign Assistance Act +of 1961 (22 U.S.C. 2378d). + (b) Matters to Be Included.--The plan required by subsection (a) +shall contain the following: + (1) Common standards and procedures which shall be used by the + Department of Defense and Department of State to obtain and verify + information regarding the vetting of units of the security forces + of foreign countries for gross violation of human rights under the + authorities described in subsection (a), including-- + (A) public guidelines for external sources to report + information; and + (B) methods and criteria employed by the Department of + Defense and Department of State to determine whether sources, + source reporting, and allegations are credible. + (2) Measures to ensure the Department of Defense has read-only + access to the International Vetting and Security Tracking (INVEST) + system, and any successor or equivalent system. + (3) Measures to ensure the authorities described in subsection + (a) are applied to any foreign forces, irregular forces, groups, + and individuals that receive training, equipment, or other + assistance from the United States military. + (c) Form.--The plan required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (d) Integration of Human Rights and Civilian Protection Into +Assessment, Monitoring, and Evaluation of Security Cooperation Programs +and Activities.-- + (1) Reports required.--The Secretary of Defense shall submit to + the appropriate congressional committees an interim report and a + final report on the steps the Secretary will take to incorporate + partner units' activities, as such activities relate to human + rights and protection of civilians, into the program elements + described in section 383(b)(1) of title 10, United States Code. + (2) Deadlines.-- + (A) Interim report.--The interim report required under + paragraph (1) shall be submitted to the appropriate + congressional committees not later than 180 days after the date + of the enactment of this Act and shall include a summary of the + progress of the Secretary in implementing the steps described + in such paragraph. + (B) Final report.--The final report required under + paragraph (1) shall be submitted to the appropriate + congressional committees not later than one year after the date + of enactment of this Act and shall specifically identify the + actions the Secretary took to implement the steps described in + paragraph (1). + (3) Appropriate congressional committees defined.--In this + subsection, the term ``appropriate congressional committees'' means + the following: + (A) The Committee on Armed Services and the Committee on + Foreign Relations of the Senate. + (B) The Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives. +SEC. 1207. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS FOR +IRREGULAR WARFARE. Section 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended by -striking ``fiscal years 2018 through 2020'' and inserting ``fiscal -years 2020 through 2025''. - -SEC. 1202. EXTENSION OF AUTHORITY FOR CROSS SERVICING AGREEMENTS FOR - LOAN OF PERSONNEL PROTECTION AND PERSONNEL SURVIVABILITY - EQUIPMENT IN COALITION OPERATIONS. - - Section 1207(e) of the Carl Levin and Howard P. ``Buck'' McKeon -National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2342 -note) is amended by striking ``September 30, 2019'' and inserting -``September 30, 2024''. - -SEC. 1203. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY FOR GLOBAL SECURITY - CONTINGENCY FUND. - +striking ``2020'' and inserting ``2023''. +SEC. 1208. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY RESPONSE +PROGRAM AND ELIMINATION OF CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS. + (a) Extension and Modification of Commanders' Emergency Response +Program.--Section 1201 of the National Defense Authorization Act for +Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619), as most recently +amended by the John S. McCain National Defense Authorization Act for +Fiscal Year 2019 (Public Law 115-232), is further amended-- + (1) in subsection (a)-- + (A) by striking ``During the period beginning on October 1, + 2016, and ending on December 31, 2019'' and inserting ``During + the period beginning on October 1, 2019, and ending on December + 31, 2020''; and + (B) by striking ``$10,000,000'' and inserting + ``$2,500,000''; + (2) in subsection (b)(1), by striking ``of fiscal years 2017 + through 2019'' and inserting ``for each of fiscal years 2017 + through 2020''; and + (3) in subsection (f), in the first sentence, by striking + ``during the period beginning on October 1, 2016, and ending on + December 31, 2019'' and inserting ``during the period beginning on + October 1, 2019, and ending on December 31, 2020''. + (b) Elimination of Authority for Certain Payments to Redress Injury +and Loss in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen.-- +Section 1211 of the National Defense Authorization Act for Fiscal Year +2017 (Public Law 114-328; 130 Stat. 2477), as most recently amended by +section 1224(a) of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232), is further amended by +striking subsection (b). +SEC. 1209. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY FOR GLOBAL SECURITY +CONTINGENCY FUND. Section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note) is amended-- - (1) in subsection (i)(1), by striking ``September 30, + (1) in subsection (i)-- + (A) in paragraph (1), by striking ``September 30, 2019'' + and inserting ``September 30, 2021''; and + (B) by amending paragraph (2) to read as follows: + ``(2) Exception.--Amounts appropriated and transferred to the + Fund before September 30, 2019, shall remain available for + obligation and expenditure after that date, but only for activities + under programs commenced under subsection (b) before September 30, + 2019.''; and + (2) in subsection (o)-- + (A) in the first sentence, by striking ``September 30, 2019'' and inserting ``September 30, 2021''; and - (2) in subsection (o)-- - (A) in the first sentence, by striking ``September - 30, 2019'' and inserting ``September 30, 2021''; and - (B) in the second sentence, by striking ``through - 2019'' and inserting ``through 2021''. - -SEC. 1204. MODIFICATION OF REPORTING REQUIREMENT FOR USE OF FUNDS FOR - SECURITY COOPERATION PROGRAMS AND ACTIVITIES. - - Section 381(b) of title 10, United States Code, is amended by -striking ``30 days'' and inserting ``60 days''. - -SEC. 1205. INSTITUTIONAL LEGAL CAPACITY BUILDING INITIATIVE FOR FOREIGN - DEFENSE FORCES. - - (a) Authorization.--The Secretary of Defense may carry out, -consistent with section 332 of title 10, United States Code, an -initiative of institutional legal capacity building in collaboration -with the appropriate institutions of one or more foreign countries to -enhance the capacity of the applicable foreign country to organize, -administer, manage, maintain, sustain, or oversee the military legal -institutions of such country. + (B) in the second sentence, by striking ``through 2019'' + and inserting ``through 2021''. +SEC. 1210. LEGAL INSTITUTIONAL CAPACITY BUILDING INITIATIVE FOR FOREIGN +DEFENSE INSTITUTIONS. + (a) Initiative.--The Secretary of Defense may carry out, in +accordance with section 332 of title 10, United States Code, an +initiative of legal institutional capacity building in collaboration +with the appropriate ministry of defense (or security agency serving a +similar defense function) legal institutions that support the efforts +of one or more foreign countries to establish or improve legal +institutional capacity. (b) Purpose.--The purpose of the initiative under subsection (a) is -to enhance, as appropriate, the institutional legal capacity of the -applicable foreign country to do the following: - (1) Integrate legal matters into the authority, doctrine, - and policies of the defense ministry of such country. - (2) Provide appropriate legal support to commanders - conducting military operations. - (3) With respect to military law, institutionalize - education, training, and professional development for military - personnel, including military lawyers, officers, and civilian - leadership within such defense ministry. - (4) Establish a military justice system that is objective, - transparent, and impartial. - (5) Build the legal capacity of military forces to provide - equitable, transparent, and accountable institutions and - provide for anti-corruption measures within such defense - ministry. - (6) Build capacity-- - (A) to provide for the protection of civilians - consistent with the law of armed conflict; and - (B) to investigate incidents of civilian - casualties. - (7) Promote understanding and observance of-- - (A) the law of armed conflict; - (B) human rights and fundamental freedoms; - (C) the rule of law; and - (D) civilian control of the military. +to enhance, through advisory services, training, or related training +support services, as appropriate, the legal institutional capacity of +the applicable foreign country to do the following: + (1) Integrate legal matters into the authority, doctrine, and + policies of the ministry of defense (or security agency serving a + similar defense function) and forces of such country. + (2) Provide appropriate legal support to commanders conducting + defense and national security operations. + (3) With respect to defense and national security law, + institutionalize education, training, and professional development + for personnel and forces, including uniformed lawyers, officers, + noncommissioned officers, and civilian lawyers and leadership + within such ministries of defense (and security agencies serving a + similar defense function). + (4) Establish a military justice system that is objective, + transparent, and impartial. + (5) Conduct effective and transparent command and + administrative investigations. + (6) Build the legal capacity of the forces and civilian + personnel of ministries of defense (and security agencies serving a + similar defense function) to provide equitable, transparent, and + accountable institutions and provide for anti-corruption measures + within such institutions. + (7) Build capacity-- + (A) to provide for the protection of civilians consistent + with the law of armed conflict and human rights law; and + (B) to investigate incidents of civilian casualties. + (8) Promote understanding and observance of-- + (A) the law of armed conflict; + (B) human rights and fundamental freedoms; + (C) the rule of law; and + (D) civilian control of the military. + (9) Establish mechanisms for effective civilian oversight of + defense and national security legal institutions and legal matters. (c) Elements.--The initiative under subsection (a) shall include the following elements: - (1) An assessment of the organizational weaknesses for - institutional legal capacity building of the applicable foreign - country, including baseline information, an assessment of gaps - in the capability and capacity of the appropriate institutions - of such country, and any other indicator of efficacy for - purposes of monitoring and evaluation, as determined by the - Secretary. - (2) A multi-year engagement plan for building institutional - capacity that addresses the weaknesses identified under - paragraph (1), including objectives, milestones, and a - timeline. - (3) The assignment of advisors, as appropriate, to the - ministry of defense or other institutions of such country to - assist in building core legal institutional capacity, - competencies, and capabilities. - (4) A measure for monitoring the implementation of the - initiative and evaluating the efficiency and effectiveness of - the initiative, consistent with section 383 of title 10, United - States Code. + (1) A measure for monitoring the implementation of the + initiative and evaluating the efficiency and effectiveness of the + initiative, in accordance with section 383 of title 10, United + States Code. + (2) An assessment of the organizational weaknesses for legal + institutional capacity building of the applicable foreign country, + including baseline information, an assessment of gaps in the + capability and capacity of the appropriate institutions of such + country, and any other indicator of efficacy, in accordance with + section 383 of title 10, United States Code. + (3) An engagement plan for building legal institutional + capacity that addresses the weaknesses identified under paragraph + (2), including objectives, milestones, and a timeline. (d) Reports.-- - (1) In general.--Not later than 30 days after the end of - each fiscal year beginning in fiscal year 2020 through the - fiscal year in which the initiative under subsection (a) - terminates, the Secretary shall submit to the Committee on - Armed Services of the Senate and the Committee on Armed - Services of the House of Representatives a report on the - progress of the legal capacity building activities under this - section. - (2) Matters to be included.--Each report under paragraph - (1) shall include, for the preceding fiscal year, the - following: - (A) The names of the one or more countries in which - the initiative was conducted. - (B) For each such country-- - (i) the purpose of the initiative; - (ii) the objectives, milestones, and - timeline of the initiative; - (iii) the number and type of advisors - assigned and deployed to the country, as - applicable; - (iv) an assessment of the progress of the - implementation of the initiative; and - (v) an evaluation of the efficiency and - effectiveness of the initiative. + (1) In general.--Beginning in fiscal year 2020 through the + fiscal year in which the initiative under subsection (a) + terminates, the Secretary of Defense shall submit to the + appropriate committees of Congress an annual report on the legal + institutional capacity building activities carried out under this + section. + (2) Integration into other capacity building reports.--The + report submitted under paragraph (1) for a fiscal year shall be + integrated into the report required pursuant to subsection (b)(2) + of section 332 of title 10, United States Code, for the fourth + fiscal year quarter of such fiscal year. + (3) Matters to be included.--Each report submitted under + paragraph (1) shall include the following: + (A) The same information required under subsection (b)(2) + of section 332 of title 10, United States Code. + (B) The names of the one or more countries in which the + initiative was conducted. + (C) For each such country-- + (i) the purpose of the initiative; + (ii) the objectives, milestones, and timeline of the + initiative; + (iii) the number and type of advisors assigned and + deployed to the country, as applicable; and + (iv) an assessment of the progress of the + implementation of the initiative. (e) Sunset.--The initiative under subsection (a) shall terminate on -the date that is five years after the date of the enactment of this -Act. - -SEC. 1206. DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES - IN NATIONAL SECURITY INTEREST OF THE UNITED STATES. - +December 31, 2024. + (f) Funding.--Amounts for programs carried out pursuant to +subsection (a) in a fiscal year, and for other purposes in connection +with such programs as authorized by this section, may be derived only +from amounts authorized to be appropriated for such fiscal year for the +Department of Defense for operation and maintenance, Defense-wide, and +available for the Defense Security Cooperation Agency for such programs +and purposes. +SEC. 1210A. DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES +IN NATIONAL SECURITY INTEREST OF THE UNITED STATES. (a) In General.--The Secretary of Defense may, with the concurrence of the Secretary of State and in consultation with the Administrator of the United States Agency for International Development, provide support -for the stabilization activities of other Federal agencies specified -under subsection (c). +for the stabilization activities of other Federal agencies specified in +subsection (c)(1). (b) Designation of Foreign Areas.-- - (1) In general.--Amounts authorized to be provided pursuant - to this section shall be available only for support for - stabilization activities-- - (A) in a country specified in paragraph (2); and - (B) that the Secretary of Defense, with the - concurrence of the Secretary of State, has determined - are in the national security interest of the United - States. - (2) Specified countries.--The countries specified in this - paragraph are as follows: - (A) Iraq. - (B) Syria. - (C) Afghanistan. - (D) Somalia. - (E) Yemen. - (F) Libya. + (1) In general.--Amounts authorized to be provided pursuant to + this section shall be available only for support for stabilization + activities-- + (A) in a country specified in paragraph (2); and + (B) that the Secretary of Defense, with the concurrence of + the Secretary of State, has determined are in the national + security interest of the United States. + (2) Specified countries.--The countries specified in this + paragraph are as follows: + (A) Iraq. + (B) Syria. + (C) Afghanistan. + (D) Somalia. (c) Support to Other Agencies.-- - (1) In general.--Support may be provided for stabilization - activities under subsection (a) to the Department of State, the - United States Agency for International Development, or other - Federal agencies, on a reimbursable or nonreimbursable basis. - (2) Type of support.--Support under subsection (a) may - consist of-- - (A) logistic support, supplies, and services; and - (B) equipment. + (1) In general.--Support may be provided for stabilization + activities under subsection (a) to the Department of State, the + United States Agency for International Development, or other + Federal agencies, on a reimbursable or nonreimbursable basis. The + authority to provide such support under this paragraph on a + reimbursable basis is in addition to other authorities to provide + support on such basis. + (2) Type of support.--Support under subsection (a) may consist + of logistic support, supplies, and services. (d) Requirement for a Stabilization Strategy.-- - (1) Limitation.--With respect to any country specified in - subsection (b)(2), no amount of support may be provided under - subsection (a) until 15 days after the date on which the - Secretary of Defense, with the concurrence of the Secretary of - State, submits to the appropriate committees of Congress a - detailed report setting forth a stabilization strategy for such - country. - (2) Elements of strategy.--The stabilization strategy - required by paragraph (1) shall set forth the following: - (A) The United States interests in conducting - stabilization activities in the country specified in - subsection (b)(2). - (B) The key foreign partners and actors in such - country. - (C) The desired end states and objectives of the - United States stabilization activities in such country. - (D) The Department of Defense support intended to - be provided for the stabilization activities of other - Federal agencies under subsection (a). - (E) Any mechanism for civil-military coordination - regarding support for stabilization activities. - (F) The mechanisms for monitoring and evaluating - the effectiveness of Department of Defense support for - United States stabilization activities in the area. + (1) Limitation.--With respect to any country specified in + subsection (b)(2), no amount of support may be provided under + subsection (a) until 15 days after the date on which the Secretary + of Defense, with the concurrence of the Secretary of State, submits + to the appropriate committees of Congress a detailed report setting + forth a stabilization strategy for such country. + (2) Elements of strategy.--The stabilization strategy required + by paragraph (1) shall set forth the following: + (A) The United States interests in conducting stabilization + activities in the country specified in subsection (b)(2). + (B) The key foreign partners and actors in such country. + (C) The desired end states and objectives of the United + States stabilization activities in such country. + (D) The Department of Defense support intended to be + provided for the stabilization activities of other Federal + agencies under subsection (a). + (E) Any mechanism for civil-military coordination regarding + support for stabilization activities. + (F) The mechanisms for monitoring and evaluating the + effectiveness of Department of Defense support for United + States stabilization activities in the area. (e) Implementation in Accordance With Guidance.--Support provided under subsection (a) shall be implemented in accordance with the guidance of the Department of Defense entitled ``DoD Directive 3000.05 @@ -12720,672 +23997,909 @@ Stabilization'', dated December 13, 2018 (or successor guidance). (f) Report.--The Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate committees of Congress on an annual basis a report that includes the following: - (1) The identification of each foreign area within - countries specified in subsection (b)(2) for which support to - stabilization has occurred. - (2) The total amount spent by the Department of Defense, - broken out by recipient Federal agency and activity. - (3) An assessment of the contribution of each activity - toward greater stability. - (4) An articulation of any plans for continued Department - of Defense support to stabilization in the specified foreign - area in order to maintain or improve stability. - (5) Other matters as the Secretary of Defense considers to - be appropriate. + (1) The identification of each foreign area within countries + specified in subsection (b)(2) for which support to stabilization + has occurred. + (2) The total amount spent by the Department of Defense, broken + out by recipient Federal agency and activity. + (3) An assessment of the contribution of each activity toward + greater stability. + (4) An articulation of any plans for continued Department of + Defense support to stabilization in the specified foreign area in + order to maintain or improve stability. + (5) Other matters as the Secretary of Defense considers to be + appropriate. (g) Use of Funds.-- - (1) Source of funds.--Amounts for activities carried out - under this section in a fiscal year shall be derived only from - amounts authorized to be appropriated for such fiscal year for - the Department of Defense for Operation and Maintenance, - Defense-wide. - (2) Limitation.--Not more than $25,000,000 in each fiscal - year is authorized to be used to provide nonreimbursable - support under this section. + (1) Source of funds.--Amounts for activities carried out under + this section in a fiscal year shall be derived only from amounts + authorized to be appropriated for such fiscal year for the + Department of Defense for Operation and Maintenance, Defense-wide. + (2) Limitation.--Not more than $18,000,000 in each fiscal year + is authorized to be used to provide nonreimbursable support under + this section. (h) Expiration.--The authority provided under this section may not be exercised after December 31, 2020. (i) Definitions.--In this section: - (1) Appropriate committees of congress.--The term - ``appropriate committees of Congress'' means-- - (A) the Committee on Armed Services and the - Committee on Foreign Relations of the Senate; and - (B) the Committee on Armed Services and the - Committee on Foreign Affairs of the House of - Representatives. - (2) Logistic support, supplies, and services.--The term - ``logistic support, supplies, and services'' has the meaning - given the term in section 2350(1) of title 10 United States - Code. + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate; and + (B) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives. + (2) Logistic support, supplies, and services.--The term + ``logistic support, supplies, and services'' has the meaning given + the term in section 2350(1) of title 10, United States Code. Subtitle B--Matters Relating to Afghanistan and Pakistan SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND - PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY - FORCES OF AFGHANISTAN. - - (a) Extension.--Subsection (h) of section 1222 of the National -Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 -Stat. 1992), as most recently amended by section 1221 of the John S. -McCain National Defense Authorization Act for Fiscal Year 2019 (Public -Law 115-232), is further amended by striking ``December 31, 2020'' and -inserting ``December 31, 2021''. - (b) Excess Defense Articles.--Subsection (i)(2) of such section -1222, as so amended, is further amended by striking ``December 31, -2020'' each place it appears and inserting ``December 31, 2021''. - -SEC. 1212. AFGHANISTAN SECURITY FORCES FUND. - - (a) Authorization of Appropriations.--There is authorized to be -appropriated for fiscal year 2020 for the Afghanistan Security Forces -Fund, as established by section 1513 of the National Defense -Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. -428), as most recently amended by section 1223(b) of the John S. McCain -National Defense Authorization Act for Fiscal Year 2019 (Public Law -115-232), $4,803,978,000. - (b) Continuation of Prior Authorities and Notice and Reporting -Requirements.--Funds available to the Department of Defense for the -Afghanistan Security Forces Fund for fiscal year 2020 shall be subject -to the conditions contained in subsections (b) through (f) of such -section 1513. - (c) Use of Funds.-- - (1) Type of assistance.--Subsection (b)(2) of such section - 1513 is amended by inserting ``(including program and security - assistance management support)'' after ``services''. - (d) Equipment Disposition.-- - (1) Acceptance of certain equipment.--Subject to paragraph - (2), the Secretary of Defense may accept equipment that is - procured using amounts authorized to be appropriated for the - Afghanistan Security Forces Fund by this Act and is intended - for transfer to the security forces of Afghanistan, but is not - accepted by such security forces. - (2) Conditions on acceptance of equipment.--Before - accepting any equipment under paragraph (1), the Commander of - United States forces in Afghanistan shall make a determination - that the equipment was procured for the purpose of meeting - requirements of the security forces of Afghanistan, as agreed - to by both the Government of Afghanistan and the United States, - but is no longer required by such security forces or was - damaged before transfer to such security forces. - (3) Elements of determination.--In making a determination - under paragraph (2), the Commander of United States forces in - Afghanistan shall consider alternatives to acceptance of the - equipment by the Secretary. An explanation of each - determination, including the basis for the determination and - the alternatives considered, shall be included in the relevant - quarterly report under paragraph (5). - (4) Treatment as department of defense stocks.--Equipment - accepted under paragraph (1) may be treated as stocks of the - Department of Defense upon notification to the congressional - defense committees of such treatment. - (5) Quarterly reports on equipment disposition.-- - (A) In general.--Not later than 90 days after the - date of the enactment of this Act, and every 90-day - period thereafter during which the authority provided - by paragraph (1) is exercised, the Secretary shall - submit to the congressional defense committees a report - describing the equipment accepted during the period - covered by such report under the following: - (i) This subsection. - (ii) Section 1531(d) of the National - Defense Authorization Act for Fiscal Year 2014 - (Public Law 113-66; 127 Stat. 938; 10 U.S.C. - 2302 note). - (iii) Section 1532(b) of the Carl Levin and - Howard P. ``Buck'' McKeon National Defense - Authorization Act for Fiscal Year 2015 (Public - Law 113-291; 128 Stat. 3612). - (B) Elements.--Each report under subparagraph (A) - shall include a list of all equipment accepted during - the period covered by the report and treated as stocks - of the Department of Defense and copies of the - determinations made under paragraph (2), as required by - paragraph (3). - (e) Security of Afghan Women.-- - (1) In general.--Of the funds available to the Department - of Defense for the Afghanistan Security Forces Fund for fiscal - year 2020, it is the goal that $25,000,000, but in no event - less than $10,000,000, shall be used for-- - (A) the recruitment, integration, retention, - training, and treatment of women in the Afghan National - Defense and Security Forces; and - (B) the recruitment, training, and contracting of - female security personnel for future elections. - (2) Types of programs and activities.--Such programs and - activities may include-- - (A) efforts to recruit women into the Afghan - National Defense and Security Forces, including the - special operations forces; - (B) programs and activities of the Afghan Ministry - of Defense Directorate of Human Rights and Gender - Integration and the Afghan Ministry of Interior Office - of Human Rights, Gender, and Child Rights; - (C) development and dissemination of gender and - human rights educational and training materials and - programs within the Afghan Ministry of Defense and the - Afghan Ministry of Interior; - (D) efforts to address harassment and violence - against women within the Afghan National Defense and - Security Forces; - (E) improvements to infrastructure that address the - requirements of women serving in the Afghan National - Defense and Security Forces, including appropriate - equipment for female security and police forces, and - transportation for policewomen to their station; - (F) support for Afghan National Police Family - Response Units; and - (G) security provisions for high-profile female - police and army officers. - (f) Assessment of Efforts to Build Capacity in the Afghan National -Defense and Security Forces.-- - (1) Assessment required.--Not later than 90 days after the - date of the enactment of this Act, the Secretary of Defense, in - coordination with the Secretary of State, shall submit to the - Committee on Armed Services of the Senate and the Committee on - Armed Services of the House of Representatives an assessment - that describes the following: - (A) The integrated capacity development strategies - for-- - (i) the Ministry of Defense and the - Ministry of Interior of Afghanistan; and - (ii) the North Atlantic Treaty - Organization-led Train Advise Assist Commands - and Task Forces at the national and regional - levels in Afghanistan. - (B) An articulation of the key capabilities to be - developed and improved with respect to the Ministry of - Defense, the Ministry of Interior, and the North - Atlantic Treaty Organization-led Train Advise Assist - Commands and Task Forces, and the overall plan - (including timeframes, budgets, and specific - initiatives) to achieve the intended outcomes. - (C) The specific roles of Department of Defense- - funded advisors in building the capacity of the - Ministry of Defense and the Ministry of Interior of - Afghanistan and the Afghan National Defense and - Security Forces at the national and regional levels, - and the manner in which such roles align with the - development strategy referred to in subparagraph (A). - (D) The metrics used to assess progress on the - recruitment, integration, retention, training, and - treatment of women in the Afghan National Defense and - Security Forces, and a progress report on such - recruitment, integration, retention, training, and - treatment. - (E) An explanation of the assessment, monitoring, - and evaluation mechanisms in place to assess the - relevance, effectiveness, and sustainability of each - specific initiative and progress made toward the - intended outcomes identified under subparagraph (B). - (F) Any other matter the Secretary considers - appropriate. - -SEC. 1213. EXTENSION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM. - - Section 1201 of the National Defense Authorization Act for Fiscal -Year 2012 (Public Law 112-81; 125 Stat. 1619), as most recently amended -by the John S. McCain National Defense Authorization Act for Fiscal -Year 2019 (Public Law 115-232), is further amended-- - (1) in subsection (a), by striking ``December 31, 2019'' - and inserting ``December 31, 2020''; - (2) in subsection (b), by striking ``of fiscal years 2017 - through 2019'' and inserting ``for each of fiscal years 2017 - through 2020''; and - (3) in subsection (f), in the first sentence, by striking - ``December 31, 2019'' and inserting ``December 31, 2020''. - -SEC. 1214. EXTENSION AND MODIFICATION OF REIMBURSEMENT OF CERTAIN - COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES - MILITARY OPERATIONS. - - Section 1233(a) of the National Defense Authorization Act for -Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393), as most recently -amended by section 1225 of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further -amended to read as follows: - ``(a) Authority.--From funds made available for the Department of -Defense for the period beginning on October 1, 2019, and ending on -December 31, 2020, for overseas contingency operations for operation -and maintenance, Defense-wide activities, the Secretary of Defense may +PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF +AFGHANISTAN. + (a) Extension of Authority.--Subsection (h) of section 1222 of the +National Defense Authorization Act for Fiscal Year 2013 (Public Law +112-239; 126 Stat. 1992) is amended by striking ``December 31, 2020'' +and inserting ``December 31, 2022''. + (b) Excess Defense Articles.--Subsection (i)(2) of such section is +amended by striking ``December 31, 2020'' each place it appears and +inserting ``December 31, 2022''. +SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY TO ACQUIRE PRODUCTS +AND SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO +AFGHANISTAN. + (a) Termination of Authority.--Subsection (f) of section 801 of the +National Defense Authorization Act for Fiscal Year 2010 (Public Law +111-84; 123 Stat. 2399) is amended by striking ``December 31, 2019'' +and inserting ``December 31, 2021''. + (b) Report on Authority.--Such section, as so amended, is further +amended by adding at the end the following: + ``(g) Report on Authority.-- + ``(1) In general.--Not later than March 1, 2020, and March 1, + 2021, the Secretary of Defense shall submit to the appropriate + congressional committees a report on the use of the authority + provided in subsection (a). The report shall address, at a minimum, + the following: + ``(A) The number of determinations made by the Secretary + pursuant to subsection (b). + ``(B) A description of the products and services acquired + using the authority. + ``(C) The extent to which the use of the authority has met + the objectives of subparagraph (A), (B), or (C) of subsection + (b)(2). + ``(D) A list of the countries providing products or + services as a result of a determination made pursuant to + subsection (b). + ``(2) Appropriate congressional committees defined.--For + purposes of this subsection, the term `appropriate congressional + committees' means-- + ``(A) the congressional defense committees; and + ``(B) the Committee on Foreign Affairs of the House of + Representatives and the Committee on Foreign Relations of the + Senate.''. +SEC. 1213. AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS. + (a) Authority.--During the period beginning on the date of the +enactment of this Act and ending on December 31, 2022, not more than +$3,000,000 for each calendar year, to be derived from funds authorized +to be appropriated to the Office of the Secretary of Defense under the +Operation and Maintenance, Defense-wide account, may be made available +for ex gratia payments for damage, personal injury, or death that is +incident to the use of force by the United States Armed Forces, a +coalition that includes the United States, a military organization +supporting the United States, or a military organization supporting the +United States or such coalition. + (b) Conditions on Payment.--An ex gratia payment authorized +pursuant to subsection (a) may be provided only if-- + (1) the prospective foreign civilian recipient is determined by + the local military commander to be friendly to the United States; + (2) a claim for damages would not be compensable under chapter + 163 of title 10, United States Code (commonly known as the + ``Foreign Claims Act''); + (3) the property damage, personal injury, or death was not + caused by action by an enemy; + (4) the claimant suffered property damage, personal injury, or + death that was-- + (A) caused by the United States Armed Forces, a coalition + that includes the United States, or a military organization + supporting the United States or such a coalition; and + (B) occurred during an operation carried out by the United + States, such coalition, or such military organization; and + (5) the claimant had no involvement in planning or executing an + attack or other hostile action that gave rise to the use of force + by the United States, such coalition, or such military organization + resulting in such property damage, personal injury, or death. + (c) Nature of Payment.--A payment provided pursuant to the +authority under subsection (a) may not be construed or considered as an +admission or acknowledgment of any legal obligation to provide +compensation for any property damage, personal injury, or death. + (d) Amount of Payments.--If the Secretary of Defense determines a +payment under subsection (a) to be appropriate in a particular setting, +the amounts of payments, if any, to be provided to civilians determined +to have suffered harm incident to the use of force by the United States +Armed Forces under the program should be determined pursuant to +regulations prescribed by the Secretary and based on an assessment, +conducted in consultation with the Secretary of State, that includes +such factors as cultural appropriateness and prevailing economic +conditions. A copy of any regulations so prescribed shall be provided +to the congressional defense committees upon finalization. + (e) Legal Advice.--Local military commanders shall receive legal +advice before making ex gratia payments under this subsection. The +legal advisor, under regulations of the Department of Defense, shall +advise on whether an ex gratia payment is proper under this section and +applicable Department of Defense regulations. + (f) Written Record.--A written record of any ex gratia payment +offered pursuant to the authority under subsection (a), and whether +accepted or denied, shall be kept by the local military commander and +on a timely basis submitted to the appropriate office in the Department +of Defense as determined by the Secretary of Defense. + (g) Quarterly Report.--Not later than 90 days after the date of the +enactment of this Act, and every 90 days thereafter, the Secretary of +Defense shall submit to the congressional defense committees a report +including the following: + (1) With respect to each ex gratia payment made under the + authority in this subsection or any other authority during the + preceding 90-day period, each of the following: + (A) The amount used for such payments and the country with + respect to which each such payment was made. + (B) The manner in which claims for such payments were + verified. + (C) The position of the official who approved the payment. + (D) The manner in which payments are made. + (2) With respect to a preceding 90-day period in which no ex + gratia payments were made-- + (A) whether any such payment was refused, along with the + reason for such refusal; or + (B) any other reason for which no such payments were made. + (h) Relation to Other Authorities.--Notwithstanding any other +provision of law, the authority provided by this section shall be +construed as the sole authority available to make ex gratia payments +for property damage, personal injury, or death that is incident to the +use of force by the United States Armed Forces. +SEC. 1214. EXTENSION AND MODIFICATION OF SEMIANNUAL REPORT ON ENHANCING +SECURITY AND STABILITY IN AFGHANISTAN. + (a) Extension.--Paragraph (2) of subsection (a) of section 1225 of +the Carl Levin and Howard P. ``Buck'' McKeon National Defense +Authorization Act for Fiscal Year 2015 (Public Law 113-291; 127 Stat. +3550), as most recently amended by section 1215 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. +1649), is further amended by striking ``December 15, 2020'' and +inserting ``December 15, 2022''. + (b) Form.--Paragraph (3) of such subsection is amended to read as +follows: + ``(3) Form.--Each report required under paragraph (1) shall be + submitted in unclassified form without any designation relating to + dissemination control, but may include a classified annex.''. + (c) Modification of Elements.--Subsection (b) of such section 1225, +as amended by section 1215(b) of the National Defense Authorization Act +for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2480), is further +amended-- + (1) in paragraph (1)-- + (A) in the paragraph heading, by inserting ``and taking + into account the august 2017 strategy of the united states'' + after ``2014''; + (B) by amending subparagraph (A) to read as follows: + ``(A) the strategy and objectives of any post-2014 United + States mission, including the 2017 South Asia Strategy of the + United States and any subsequent United States strategy, and + any mission agreed by the North Atlantic Treaty Organization + (NATO), that are pertinent to-- + ``(i) training, advising, and assisting the ANSF; or + ``(ii) conducting counterrorism operations in + Afghanistan; and''; and + (C) in subparagraph (B)-- + (i) by striking the period at the end and inserting a + semicolon; + (ii) by striking ``in the assessment of any such'' and + inserting ``in the assessment of-- + ``(i) any such''; and + (iii) by adding at the end the following new clauses: + ``(ii) the United States counterterrorism mission; and + ``(iii) efforts by the Department of Defense to support + reconciliation efforts and develop conditions for the + expansion of the reach of the Government of Afghanistan + throughout Afghanistan.''; + (2) in paragraph (2)-- + (A) by inserting ``, including the progress of the + Government of Afghanistan on securing Afghan territory and + population,'' after ``the current security conditions in + Afghanistan''; and + (B) by striking ``and the Haqqani Network'' and inserting + ``the Haqqani Network, and the Islamic State of Iraq and Syria + Khorasan''; and + (3) by adding at the end the following new paragraph: + ``(9) Monitoring and evaluation measures relating to asff.--A + description of the monitoring and evaluation measures that the + Department of Defense and the Government of Afghanistan are taking + to ensure that funds of the Afghanistan Security Forces Fund + provided to the Government of Afghanistan as direct government-to- + government assistance are not subject to waste, fraud, or abuse.''. +SEC. 1215. SPECIAL IMMIGRANT VISA PROGRAM REPORTING REQUIREMENT. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Inspector General of the Department of State +shall submit a report, which may contain a classified annex, to-- + (1) the Committee on the Judiciary, the Committee on Foreign + Relations, and the Committee on Armed Services of the Senate; and + (2) the Committee on the Judiciary, the Committee on Foreign + Affairs, and the Committee on Armed Services of the House of + Representatives. + (b) Contents.--The report submitted under subsection (a) shall +evaluate the obstacles to effective protection of Afghan and Iraqi +allies through the special immigrant visa programs and suggestions for +improvements in future programs, including information relating to-- + (1) the hiring of locally employed staff and contractors; + (2) documenting the identity and employment of locally employed + staff and contractors of the United States Government, including + the possibility of establishing a central database of employees of + the United States Government and its contractors; + (3) the protection and safety of employees of locally employed + staff and contractors; + (4) means of expediting processing at all stages of the process + for applicants, including consideration of reducing required forms; + (5) appropriate staffing levels for expedited processing + domestically and abroad; + (6) the effect of uncertainty of visa availability on visa + processing; + (7) the cost and availability of medical examinations; and + (8) means to reduce delays in interagency processing and + security checks. + (c) Consultation.--In preparing the report under subsection (a), +the Inspector General shall consult with current and, to the extent +possible, former employees of-- + (1) the Department of State, Bureau of Consular Affairs, Visa + Office; + (2) the Department of State, Bureau of Near Eastern Affairs and + South and Central Asian Affairs, Executive Office; + (3) the United States embassy in Kabul, Afghanistan, Consular + Section; + (4) the United States embassy in Baghdad, Iraq, Consular + Section; + (5) the Department of Homeland Security, U.S. Citizenship and + Immigration Services; + (6) the Department of Defense; and + (7) non-governmental organizations providing legal aid in the + special immigrant visa application process. +SEC. 1216. MEANINGFUL INCLUSION OF AFGHAN WOMEN IN PEACE NEGOTIATIONS. + (a) In General.--The Secretary of State, in coordination with the +Secretary of Defense, shall seek to ensure the meaningful participation +of Afghan women in the peace process in Afghanistan in a manner +consistent with the Women, Peace, and Security Act of 2017 (22 U.S.C. +2152j et seq.), including through advocacy for the inclusion of Afghan +women in ongoing and future negotiations to end the conflict in +Afghanistan. + (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. +SEC. 1217. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF +CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES +MILITARY OPERATIONS. + (a) Extension.--Subsection (a) of section 1233 of the National +Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 +Stat. 393), as most recently amended by section 1225 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232), is further amended to read as follows: + ``(a) Authority.--From funds made available for the Department of +Defense for the period beginning on October 1, 2019, and ending on +December 31, 2020, for overseas contingency operations for operation +and maintenance, Defense-wide activities, the Secretary of Defense may reimburse any key cooperating nation (other than Pakistan) for-- - ``(1) logistical and military support provided by that - nation to or in connection with United States military - operations in Afghanistan, Iraq, or Syria; and - ``(2) logistical, military, and other support, including - access, provided by that nation to or in connection with United - States military operations described in paragraph (1).''. - -SEC. 1215. SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT - OF AFGHANISTAN. - + ``(1) logistical and military support provided by that nation + to or in connection with United States military operations in + Afghanistan, Iraq, or Syria; and + ``(2) logistical, military, and other support, including + access, provided by that nation to or in connection with United + States military operations described in paragraph (1).''. + (b) Modification to Limitation.--Subsection (d)(1) of such section +is amended-- + (1) by striking ``October 1, 2018, and ending on December 31, + 2019'' and inserting ``October 1, 2019, and ending on December 31, + 2020''; and + (2) by striking ``$350,000,000'' and inserting + ``$450,000,000''. +SEC. 1218. SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT +OF AFGHANISTAN. (a) In General.--The Secretary of Defense may, with the concurrence of the Secretary of State, provide covered support for reconciliation activities to one or more designated persons or entities or Federal agencies. - (b) Designation.--Not later than 15 days before the Secretary of + (b) Framework for Use of Authority.--Not later than 90 days after +the date of the enactment of this Act, the Secretary of Defense, with +the concurrence of the Secretary of State, shall submit to the +appropriate committees of Congress a report on the use of the authority +under subsection (a) that includes-- + (1) a framework for use of such authority; + (2) evaluation requirements; and + (3) a prioritization of covered support. + (c) Designation.--Not later than 15 days before the Secretary of Defense designates an individual or organization as a designated person or entity, the Secretary shall notify the congressional defense committees of the intent of the Secretary to make such designation. - (c) Reimbursement.-- - (1) Designated persons or entities.--The Secretary of - Defense may provide covered support to a designated person or - entity on a reimbursable or nonreimbursable basis. - (2) Federal agencies.--The Secretary of Defense may provide - covered support to a Federal agency on a reimbursable or - nonreimbursable basis. - (d) Location of Covered Support.-- - (1) In general.--Except as provided in paragraph (2), the - Secretary of Defense may only provide covered support within - Afghanistan. - (2) Exception.--Notwithstanding paragraph (1), the - Secretary of Defense may provide covered support in Pakistan if - the Secretary determines, and certifies to the congressional - defense committees, that providing covered support in Pakistan - is in the national security interest of the United States. - (e) Notification.--Not later than 15 days before the date on which -the Secretary of Defense provides covered support to a nongovernmental -designated person or entity or provides covered support in Pakistan, -the Secretary shall submit to the congressional defense committees -written notice that includes the intended recipient of such covered -support and the specific covered support to be provided. - (f) Funding.-- - (1) Source of funds.--Amounts for covered support may only - be derived from amounts authorized to be appropriated for the - Department of Defense for operation and maintenance. - (2) Limitation.--Not more than $15,000,000 may be used for - nonreimbursable covered support. - (g) Rule of Construction.--Covered support shall not be construed + (d) Reimbursement.-- + (1) Designated persons or entities.--The Secretary of Defense + may provide covered support to a designated person or entity on a + nonreimbursable basis. + (2) Federal agencies.--The Secretary of Defense may provide + covered support to a Federal agency on a reimbursable or + nonreimbursable basis. + (e) Location of Covered Support.-- + (1) In general.--Except as provided in paragraph (2), the + Secretary of Defense may only provide covered support within + Afghanistan. + (2) Exception.--Notwithstanding paragraph (1), the Secretary of + Defense may provide covered support in Pakistan if the Secretary of + Defense, with the concurrence of the Secretary of State, + determines, and certifies to the appropriate committees of + Congress, that providing covered support in Pakistan is in the + national security interest of the United States. + (f) Notification.--Not later than 15 days after the date on which +the Secretary of Defense provides covered support in Pakistan, or an +individual expenditure for covered support reaches a monetary threshold +of $75,000 or greater, the Secretary shall submit to the appropriate +committees of Congress written notice that includes-- + (1) the intended recipient of such covered support and the + specific covered support to be provided; and + (2) a description of the manner in which such covered support + facilitates reconciliation. + (g) Funding.-- + (1) Source of funds.--Amounts for covered support may only be + derived from amounts authorized to be appropriated for the + Department of Defense for operation and maintenance. + (2) Limitation.--Not more than $15,000,000 may be used in each + fiscal year to provide covered support under this section. + (h) Rule of Construction.--Covered support shall not be construed to violate section 2339, 2339A, or 2339B of title 18, United States Code. - (h) Reports.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, and quarterly thereafter, the - Secretary of Defense shall, in coordination with the Secretary - of State, submit to the congressional defense committees a - report on covered support during the preceding 90-day period. - (2) Elements.--Each report under this subsection shall - include, for the preceding reporting period, the following: - (A) A summary of the ongoing reconciliation - activities for which covered support was provided. - (B) A description of the covered support, by class - or type, and the designated person or entity or Federal - agency that received each class or type of covered - support. - (C) The total dollar amount of each class or type - of covered support, including budget details. - (D) The intended duration of each provision of - covered support. - (E) Any other matter the Secretary of Defense - considers appropriate. - (i) Sunset.--The authority to carry out this section shall + (i) Reports.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, and quarterly thereafter, the Secretary of + Defense shall, with the concurrence of the Secretary of State, + submit to the appropriate committees of Congress a report on + covered support during the preceding 90-day period. + (2) Elements.--Each report under this subsection shall include, + for the preceding reporting period, the following: + (A) A summary of the reconciliation activities for which + covered support was provided. + (B) A description of the covered support, by class or type, + and the designated person or entity or Federal agency that + received each class or type of covered support. + (C) The total dollar amount of each class or type of + covered support, including budget details. + (D) The intended duration of each provision of covered + support. + (E) Any other matter the Secretary of Defense considers + appropriate. + (j) Sunset.--The authority to carry out this section shall terminate on December 31, 2020. - (j) Definitions.--In this section: - (1) Covered support.--The term ``covered support'' means + (k) 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 of the Senate; and + (C) the Committee on Foreign Affairs of the House of + Representatives. + (2) Covered support.-- + (A) In general.--The term ``covered support'' means logistic support, supplies, and services (as defined in section 2350 of title 10, United States Code) and security provided under this section. - (2) Designated person or entity.-- - (A) In general.--The term ``designated person or - entity'' means an individual or organization designated - by the Secretary of Defense as necessary to facilitate - a reconciliation activity. - (B) Exclusion.--The term ``designated person or - entity'' does not include a Federal agency. - (3) Reconciliation activity.--The term ``reconciliation - activity'' means any activity intended to support, facilitate, - or enable a political settlement between the Government of - Afghanistan and the Taliban for the purpose of ending the war - in Afghanistan. - (4) Security.--The term ``security'' means any measure - determined by the Secretary of Defense to be necessary to - protect reconciliation activities from hostile acts. - -SEC. 1216. SENSE OF SENATE ON SPECIAL IMMIGRANT VISA PROGRAM FOR AFGHAN - ALLIES. - - It is the sense of the Senate that-- - (1) the special immigrant visa program for Afghan allies is - critical to the mission in Afghanistan and the long-term - interests of the United States; - (2) maintaining a robust special immigrant visa program for - Afghan allies is necessary to support United States Government - personnel in Afghanistan who need translation, interpretation, - security, and other services; - (3) Afghan allies routinely risk their lives to assist - United States military and diplomatic personnel; - (4) honoring the commitments made to Afghan allies with - respect to such special immigrant visa program is essential to - ensuring the continued service and safety of such allies; and - (5) an additional 4,000 visas should be made available to - principal aliens who are eligible for special immigrant status - under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 - note) to prevent harm to the operations of the United States - Government in Afghanistan. + (B) Exclusions.--The term ``covered support'' does not + include the following support, supplies, or services described + in section 2350 of title 10, United States Code: + (i) Ammunition, construction incident to base + operations support, training services, and the temporary + use of general purpose vehicles. + (ii) With respect to any member of the Taliban, + transportation in vehicles or on aircraft owned by the + United States Government. + (3) Designated person or entity.-- + (A) In general.--The term ``designated person or entity'' + means an individual or organization designated by the Secretary + of Defense, with the concurrence of the Secretary of State, as + necessary to facilitate a reconciliation activity. + (B) Exclusion.--The term ``designated person or entity'' + does not include a Federal agency or department. + (4) Reconciliation activity.--The term ``reconciliation + activity'' means any activity intended to support, facilitate, or + enable a political settlement between the Government of Afghanistan + and the Taliban for the purpose of ending the war in Afghanistan. + (5) Security.--The term ``security'' means any measure + determined by the Secretary of Defense to be necessary to protect + reconciliation activities from hostile acts. +SEC. 1219. MODIFICATION AND EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT +VISA PROGRAM. + (a) Principal Aliens.--Subclause (I) of section 602(b)(2)(A)(ii) of +the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is +amended to read as follows: - Subtitle C--Matters Relating to Syria, Iraq, and Iran + ``(I) by, or on behalf of, the United States + Government; or''. + + (b) Extension of Afghan Special Immigrant Program.--Section +602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 +note) is amended-- + (1) in the heading, by striking ``2015, 2016, and 2017'' and + inserting ``2015 through 2020''; + (2) in the matter preceding clause (i), by striking ``18,500'' + and inserting ``22,500''; + (3) in clause (i), by striking ``December 31, 2020'' and + inserting ``December 31, 2021''; and + (4) in clause (ii), by striking ``December 31, 2020'' and + inserting ``December 31, 2021''. -SEC. 1221. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED - SYRIAN GROUPS. + Subtitle C--Matters Relating to Syria, Iraq, and Iran - (a) Nature of Assistance.--Subsection (a) of section 1209 of the -Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization -Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541), as most -recently amended by section 1231(a) of the John S. McCain National -Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), is -further amended-- - (1) in the matter preceding paragraph (1), by striking - ``with a cost'' and all that follows through ``December 31, - 2019'' and inserting ``, and sustainment to appropriately - vetted Syrian groups and individuals, through December 31, - 2020''; - (2) in paragraph (1), by striking ``Islamic State of Iraq - and the Levant'' and all that follows through the period at the - end and inserting the following: ``Islamic State of Iraq and - Syria (ISIS).''; and - (3) by striking paragraphs (2) and (3) and inserting the - following new paragraphs: - ``(2) Securing territory formerly controlled by the Islamic - State of Iraq and Syria. - ``(3) Protecting the United States and its friends and - allies from the threats posed by the Islamic State of Iraq and - Syria, al Qaeda, and associated forces in Syria. - ``(4) Supporting the temporary detention and repatriation - of Islamic State of Iraq and Syria foreign terrorist fighters - in accordance with the laws of armed conflict and the United - Nations Convention Relating to the Status of Refugees, done at - Geneva July 28, 1951 (as made applicable by the Protocol - Relating to the Status of Refugees, done at New York January - 31, 1967 (19 UST 6223)).''. - (b) Scope of Quarterly Progress Reports.--Subsection (d) of such -section, as most recently amended by section 1223(b) of the National -Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 -Stat. 1653), is further amended to read as follows: +SEC. 1221. MODIFICATION OF AUTHORITY AND LIMITATION ON USE OF FUNDS TO +PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA. + (a) Limitation on Use of Funds.--Of the amounts authorized to be +appropriated for fiscal year 2020 by this Act for activities under +section 1236 of the Carl Levin and Howard P. ``Buck'' McKeon National +Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 +Stat. 3558), as amended by this section, not more than 50 percent may +be obligated or expended for such activities until the date on which +the Secretary of Defense submits to the congressional defense +committees a report setting forth the following: + (1) An assessment of-- + (A) security in liberated areas in Iraq; + (B) the extent to which security forces trained and + equipped, directly or indirectly, by the United States are + prepared to provide post-conflict stabilization and security in + such liberated areas; and + (C) the effectiveness of security forces in the post- + conflict environment and an identification of which such forces + will provide post-conflict stabilization and security in such + liberated areas. + (2) A summary of available information relating to the + disposition of militia groups throughout Iraq, with particular + focus on groups in areas liberated from ISIS or in sensitive areas + with historically mixed ethnic or minority communities. + (3) Any updates to or changes in the plan, strategy, process, + vetting requirements and process as described in subsection (e) of + such section 1236, and end-use monitoring mechanisms and + procedures. + (4) An identification of the specific units of the Iraqi + Security Forces to receive training and equipment or other support + in fiscal year 2020. + (5) A plan for ensuring that any vehicles or equipment provided + to the Iraqi Security Forces pursuant to such authority are + maintained in subsequent fiscal years using funds of Iraq. + (6) A description of any misuse or loss of provided equipment + and how such misuse or loss is being mitigated. + (7) An estimate, by fiscal year, of the funding anticipated to + be required for support of the Iraqi Security Forces during the + five fiscal years beginning in fiscal year 2020. + (8) A plan for normalizing assistance to the Iraqi Security + Forces under chapter 16 of title 10, United States Code, beginning + in fiscal year 2020. + (9) A detailed plan for the obligation and expenditure of the + funds requested for fiscal year 2020 for the Department of Defense + for stipends. + (10) A plan for the transition to the Government of Iraq the + responsibility for funding for stipends for any fiscal year after + fiscal year 2020. + (11) A description of how attacks against United States or + coalition personnel are being mitigated, statistics on any such + attacks, including ``green-on-blue'' attacks. + (12) A list of the forces or elements of forces that are + restricted from receiving assistance under subsection (a) of such + section 1236, other than the forces or elements of forces with + respect to which the Secretary of Defense has exercised the waiver + authority under subsection (j) of such section 1236, as a result of + vetting required by subsection (e) of such section 1236 or by + section 362 of title 10, United States Code, and a detailed + description of the reasons for such restriction, including for each + force or element, as applicable, the following: + (A) Information relating to gross violation of human rights + committed by such force or element, including the time-frame of + the alleged violation. + (B) The source of the information described in subparagraph + (A) and an assessment of the veracity of the information. + (C) The association of such force or element with terrorist + groups or groups associated with the Government of Iran. + (D) The amount and type of any assistance provided to such + force or element by the Government of Iran. + (b) Funding.--Subsection (g) of section 1236 of the Carl Levin and +Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal +Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended-- + (1) by striking ``fiscal year 2019'' and inserting ``fiscal + year 2020''; and + (2) by striking ``$850,000,000'' and inserting + ``$645,000,000''. + (c) Clarification With Respect to Scope of Authority.-- + (1) In general.--Subsection (j)(2) of such section 1236 is + amended to read as follows: + ``(2) Scope of assistance authority.--Notwithstanding paragraph + (1), the authority granted by subsection (a) may only be exercised + in consultation with the Government of Iraq.''. + (2) Technical correction.--The heading of subsection (j) of + such section 1236 is amended by inserting ``; Scope'' after + ``Authority''. + (d) Technical Correction.--Subsection (c) of such section 1236 is +amended in the matter preceding paragraph (1) by striking ``subsection +(a)(1)'' and inserting ``subsection (b)(1)(A)''. + (e) Additional Technical Correction.--Effective as of December 12, +2017, and as if included therein as enacted, section 1222 of the +National Defense Authorization Act for Fiscal Year 2018 (Public Law +115-91; 131 Stat. 1651) is amended-- + (1) by striking subsection (b); and + (2) by striking subsection (c)(3). +SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE +ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS. + (a) Extension and Modification.--Section 1209 of the Carl Levin and +Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal +Year 2015 (Public Law 113-291; 128 Stat. 3559) is amended as follows: + (1) In subsection (a)-- + (A) in the matter preceding paragraph (1), by striking + ``with a cost'' and all that follows through ``through December + 31, 2019'' and inserting ``and sustainment to appropriately + vetted Syrian groups and individuals through December 31, + 2020''; and + (B) by striking paragraphs (1) through (3) and inserting + the following: + ``(1) Defending the Syrian people from attacks by the Islamic + State of Iraq and Syria. + ``(2) Securing territory formerly controlled by the Islamic + State of Iraq and Syria. + ``(3) Protecting the United States and its partners and allies + from the threats posed by the Islamic State of Iraq and Syria, al + Qaeda, and associated forces in Syria. + ``(4) Providing appropriate support to vetted Syrian groups and + individuals to conduct temporary and humane detention and + repatriation of Islamic State of Iraq and Syria foreign terrorist + fighters in accordance with all laws and obligations related to the + conduct of such operations, including, as applicable-- + ``(A) the law of armed conflict; + ``(B) internationally recognized human rights; + ``(C) the principle of non-refoulement; + ``(D) the Convention Against Torture and Other Cruel, + Inhuman or Degrading Treatment or Punishment (done at New York + on December 10, 1984); and + ``(E) the United Nations Convention Relating to the Status + of Refugees, done at Geneva July 28, 1951 (as made applicable + by the Protocol Relating to the Status of Refugees, done at New + York January 31, 1967 (19 UST 6223)).''. + (2) By amending subsection (b) to read as follows: + ``(b) Notice Before Provision of Assistance.-- + ``(1) In general.--In accordance with the requirements under + paragraph (2), the Secretary of Defense shall notify the + congressional defense committees in writing of the use of the + relevant authority to provide assistance and include the following: + ``(A) The requirements and process used to determine + appropriately vetted recipients. + ``(B) The mechanisms and procedures that will be used to + monitor and report to the appropriate congressional committees + and leadership of the House of Representatives and Senate on + unauthorized end-use of provided training and equipment or + other violations of relevant law by appropriately vetted + recipients. + ``(C) The amount, type, and purpose of assistance to be + funded and the recipient of the assistance. + ``(D) The goals and objectives of the assistance. + ``(E) The number and role of United States Armed Forces + personnel involved. + ``(F) Any other relevant details. + ``(2) Timing of required notice.--A notice described in + paragraph (1) shall be required-- + ``(A) not later than 15 days before the expenditure of each + 10-percent increment of the amount made available in fiscal + year 2019 or fiscal year 2020 to carry out the authorization in + this section; or + ``(B) not later than 48 hours after such an expenditure, if + the Secretary determines that extraordinary circumstances that + affect the national security of the United States exist.''. + (3) By amending subsection (c) to read as follows: + ``(c) Form.--The notifications required under subsection (b) shall +be submitted in unclassified form but may include a classified +annex.''. + (4) By amending subsection (d) to read as follows: ``(d) Quarterly Progress Reports.-- - ``(1) In general.--Beginning on January 15, 2020, and every - 90 days thereafter, the Secretary of Defense, in coordination - with the Secretary of State, shall submit to the appropriate - congressional committees and leadership of the House of - Representatives and the Senate a progress report. - ``(2) Matters to be included.--Each progress report under - paragraph (1) shall include, based on the most recent quarterly - information, the following: - ``(A) A description of the appropriately vetted - recipients receiving assistance under subsection (a). - ``(B) A description of training, equipment, - supplies, stipends, and other support provided to - appropriately vetted recipients under subsection (a) - and a statement of the amount of funds expended for - such purposes during the period covered by the report. - ``(C) Any misuse or loss of provided training and - equipment and how such misuse or loss is being - mitigated. - ``(D) An assessment of the recruitment, throughput, - and retention rates of appropriately vetted recipients. - ``(E) An assessment of the operational - effectiveness of appropriately vetted recipients in - meeting the purposes specified in subsection (a). - ``(F) A description of United States Government - stabilization objectives and activities carried out in - areas formerly controlled by the Islamic State of Iraq - and Syria, including significant projects and funding - associated with such projects. - ``(G) A description of coalition contributions to - the purposes specified in subsection (a) and other - related stabilization activities. - ``(H) With respect to Islamic State of Iraq and - Syria foreign terrorist fighters-- - ``(i) an estimate of the number of such - individuals being detained by appropriately - vetted Syrian groups and individuals; - ``(ii) an estimate of the number of such - individuals that have been repatriated and the - countries to which such individuals have been - repatriated; and - ``(iii) a description of United States - Government support provided to facilitate the - repatriation of such individuals. + ``(1) In general.--Beginning on January 15, 2020, and every 90 + days thereafter, the Secretary of Defense, in coordination with the + Secretary of State, shall submit to the appropriate congressional + committees and leadership of the House of Representatives and the + Senate a progress report. + ``(2) Matters to be included.--Each progress report under + paragraph (1) shall include, based on the most recent quarterly + information, the following: + ``(A) A description of the appropriately vetted recipients + receiving assistance under subsection (a), including a + description of their geographical locations, demographic + profiles, political affiliations, and current capabilities. + ``(B) A description of training, equipment, supplies, + stipends, and other support provided to appropriately vetted + recipients under subsection (a) and a statement of the amount + of funds expended for such purposes during the period covered + by the report. + ``(C) Any misuse or loss of provided training and equipment + and how such misuse or loss is being mitigated. + ``(D) An assessment of the recruitment, throughput, and + retention rates of appropriately vetted recipients. + ``(E) An assessment of the operational effectiveness of + appropriately vetted recipients in meeting the purposes + specified in subsection (a). + ``(F) A description of the current and planned posture of + United States forces and the planned level of engagement by + such forces with appropriately vetted recipients, including the + oversight of equipment provided under this section and the + activities conducted by such appropriately vetted recipients. + ``(G) A detailed explanation of the relationship between + appropriately vetted recipients and civilian governance + authorities, including a description of efforts to ensure + appropriately vetted recipients are subject to the control of + competent civilian authorities. + ``(H) A description of United States Government + stabilization objectives and activities carried out in areas + formerly controlled by the Islamic State of Iraq and Syria, + including significant projects and funding associated with such + projects. + ``(I) A description of coalition contributions to the + purposes specified in subsection (a) and other related + stabilization activities. + ``(J) With respect to Islamic State of Iraq and Syria + foreign terrorist fighters-- + ``(i) an estimate of the number of such individuals + being detained by appropriately vetted Syrian groups and + individuals; + ``(ii) an estimate of the number of such individuals + that have been repatriated and the countries to which such + individuals have been repatriated; and + ``(iii) a description of United States Government + support provided to facilitate the repatriation of such + individuals. + ``(I) An assessment of the extent to which appropriately vetted Syrian groups and individuals have enabled progress toward establishing inclusive, representative, accountable, and civilian-led governance and security structures in territories liberated from the Islamic State of Iraq and Syria.''. - (c) Elimination of Reprogramming Requirement.--Such section is -further amended by striking subsection (f). - (d) Inclusion of Support for Stabilization Activities.--Such -section is further amended by inserting after subsection (e) the -following new subsection (f): - ``(f) Support for Stabilization Activities.-- - ``(1) In general.--The Secretary of Defense may, with the - concurrence of the Secretary of State and in consultation with - the Administrator of the United States Agency for International - Development, provide support for the stabilization activities - of the Department of State, the United States Agency for - International Development, and any other Federal agency on a - reimburseable or nonreimburseable basis. - ``(2) Types of support.--The support provided under - paragraph (1) may consist of-- - ``(A) logistic support, supplies, and services; or - ``(B) equipment.''. - (e) Per Project and Aggregate Cost Limitations for Construction and -Repair Projects.--Subsection (l) of such section, as added by section -1223(d) of the National Defense Authorization Act for Fiscal Year 2018 -(Public Law 115-91; 131 Stat. 1653), is amended to read as follows: - ``(l) Limitation on Cost of Construction and Repair Projects.-- - ``(1) In general.--The cost of construction and repair - projects carried out under this section may not exceed, in any - fiscal year-- - ``(A) $4,000,000 per project; or - ``(B) $12,000,000 in the aggregate. - ``(2) Foreign contributions.--The limitation under - paragraph (1) shall not apply to the expenditure of foreign - contributions in excess of the per-project or aggregate - limitation set forth in that paragraph.''. - (f) Inclusion of Limitation Pending Report.--Such section is -further amended by adding at the end the following new subsection: - ``(n) Limitation Pending Report.--None of the funds authorized to -be appropriated for fiscal year 2020 for the Department of Defense may -be obligated or expended for activities under this section until 30 -days after the date on which the Secretary of Defense submits an -unclassified report, with a classified annex if necessary, to the -congressional defense committees setting forth the following: - ``(1) A description of the efforts the United States will - undertake to train and equip appropriately vetted Syrian groups - and individuals for the purposes described in subsection (a). - ``(2) A detailed description of the appropriately vetted - Syrian groups and individuals to be trained and equipped under - this section, including a description of their geographical - locations, demographic profiles, political affiliations, and - current capabilities. - ``(3) A detailed description of planned capabilities, - including categories of training, equipment, financial support, - sustainment, and supplies, intended to be provided to - appropriately vetted Syrian groups and individuals under this - section, and timelines for delivery. - ``(4) A description of the planned posture of United States - forces and the planned level of engagement by such forces with - appropriately vetted Syrian groups and individuals, including - the oversight of equipment provided under this section and the - activities conducted by such appropriately vetted Syrian groups - and individuals. - ``(5) An explanation of the processes and mechanisms for - local commanders of such forces to exercise command and control - of the elements of the appropriately vetted Syrian groups and - individuals after such elements have been trained and equipped - under this section. - ``(6) A detailed explanation of the relationship between - appropriately vetted recipients and civilian governance - authorities and a description of efforts to ensure - appropriately vetted recipients are subject to the control of - competent civilian authorities.''. -SEC. 1222. EXTENSION OF AUTHORITY AND LIMITATION ON USE OF FUNDS TO - PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ - AND SYRIA. - - (a) Extension.--Subsection (a) of section 1236 of the Carl Levin -and Howard P. ``Buck'' McKeon National Defense Authorization Act for -Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559), as most recently -amended by section 1233(a) of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further -amended by striking ``December 31, 2020'' and inserting ``December 31, -2021''. - (b) Funding.--Subsection (g) of such section, as most recently -amended by section 1233(b) of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019, is further amended-- - (1) by striking ``fiscal year 2019'' and inserting ``fiscal - year 2020''; and - (2) by striking ``$850,000,000'' and inserting - ``$645,000,000''. - (c) Limitation on Use of Funds.--Of the amounts authorized to be -appropriated for fiscal year 2020 by this Act for activities under such -section 1236, as amended by subsection (a), not more than $375,000,000 -may be obligated or expended for such activities until the date on -which the Secretary of Defense submits to the congressional defense -committees a report setting forth the following: - (1) An identification of the specific units of the Iraqi - Security Forces to receive training and equipment or other - support in fiscal year 2020. - (2) A plan for ensuring that any vehicles or equipment - provided to the Iraqi Security Forces pursuant to such - authority are maintained in subsequent fiscal years using funds - of Iraq. - (3) An estimate, by fiscal year, of the funding anticipated - to be required for support of the Iraqi Security Forces during - the five fiscal years beginning in fiscal year 2020. - (4) A plan for normalizing assistance to the Iraqi Security - Forces under chapter 16 of title 10, United States Code, - beginning in fiscal year 2020. - (5) A detailed plan for the obligation and expenditure of - the funds requested for fiscal year 2020 for the Department of - Defense for stipends. - (6) A plan for the transition to the Government of Iraq the - responsibility for funding for stipends for any fiscal year - after fiscal year 2020. - -SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT - OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY - COOPERATION IN IRAQ. - - (a) Authority.--Section 1215 of the National Defense Authorization -Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended-- - (1) by amending subsection (a) to read as follows: + (5) In subsection (e)(1)(A), by striking ``include,'' and all + that follows through ``(ISIL)'' and inserting ``include the Islamic + State of Iraq and Syria''. + (6) By striking subsection (f) and inserting the following: + ``(f) Restriction on Scope of Assistance in the Form of Weapons.-- + ``(1) In general.--The Secretary may only provide assistance in + the form of weapons pursuant to the authority under subsection (a) + if such weapons are small arms or light weapons. + ``(2) Waiver.--The Secretary may waive the restriction under + paragraph (1) upon certification to the appropriate congressional + committees that such provision of law would (but for the waiver) + impede national security objectives of the United States by + prohibiting, restricting, delaying, or otherwise limiting the + provision of assistance.''. + (5) In subsection (g)-- + (A) by inserting ``, at the end of the 15-day period + beginning on the date the Secretary notifies the congressional + defense committees of the amount, source, and intended purpose + of such contributions'' after ``as authorized by this + section''; and + (B) by striking ``operation and maintenance accounts'' and + all that follows through the end of the subsection and + inserting ``accounts.''. + (6) By amending subsection (l) to read as follows: + ``(l) Limitation on Cost of Construction and Repair Projects.-- + ``(1) In general.--The cost of construction and repair projects + carried out under this section may not exceed, in any fiscal year-- + ``(A) $4,000,000 per project; or + ``(B) $20,000,000 in the aggregate. + ``(2) Foreign contributions.--The limitation under paragraph + (1) shall not apply to the expenditure of foreign contributions in + excess of the per-project or aggregate limitation set forth in that + paragraph.''. + (b) Availability of Authority.--Not more than 10 percent of the +funds authorized to be appropriated for the Department of Defense for +activities under the authority provided by section 1209 of the Carl +Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act +for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559), as amended +by subsection (a) of this section, may be obligated or expended until +the first quarterly report required to be submitted pursuant to +subsection (d) of such section 1209 (as so amended) has been submitted +to the appropriate congressional committees and leadership in +accordance with such subsection. +SEC. 1223. MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND +ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN IRAQ. + (a) Modification.--Section 1215 of the National Defense +Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended +as follows: + (1) Authority.--By amending subsection (a) to read as follows: ``(a) Authority.--The Secretary of Defense may support United States Government security cooperation activities in Iraq by providing -funds for operations and activities of the Office of Security -Cooperation in Iraq.''; - (2) by striking subsection (f); - (3) in subsection (g)(2), by striking subparagraph (F); and - (4) by redesignating subsection (g) as subsection (f). - (b) Types of Support.--Subsection (b) of such section is amended by -striking ``life support, transportation and personal security, and -construction and renovation of facilities'' and inserting ``life -support, transportation, and personal security''. - (c) Amount Available.--Such section is further amended-- - (1) in subsection (c)-- - (A) by striking ``fiscal year 2019'' and inserting - ``fiscal year 2020''; and - (B) by striking ``$45,300,000'' and inserting - ``$30,000,000''; and - (2) in subsection (d), by striking ``fiscal year 2019'' and - inserting ``fiscal year 2020''. - (d) Coverage of Costs of the Office of Security Cooperation in -Iraq.--Subsection (e) of such section is amended by striking -``activities of security assistance teams in Iraq in connection with -such sale'' and inserting ``activities of the Office of Security -Cooperation in Iraq in excess of the amount set forth in subsection -(c)''. - -SEC. 1224. COORDINATOR OF UNITED STATES GOVERNMENT ACTIVITIES AND - MATTERS IN CONNECTION WITH DETAINEES WHO ARE MEMBERS OF - THE ISLAMIC STATE OF IRAQ AND SYRIA. - - (a) In General.--Not later than 90 days after the date of the -enactment of this Act, the President shall, in consultation with the +funds for the operations and activities of the Office of Security +Cooperation in Iraq.''. + (2) Types of support.--In subsection (b)-- + (A) by striking the comma after ``life support'' and + inserting ``and''; and + (B) by striking ``, and construction and renovation of + facilities''. + (3) Limitation on amount.--In subsection (c)-- + (A) by striking ``fiscal year 2019'' and inserting ``fiscal + year 2020''; and + (B) by striking ``$45,300,000'' and inserting + ``$30,000,000''. + (4) Source of funds.--In subsection (d), by striking ``fiscal + year 2019'' and inserting ``fiscal year 2020''. + (5) Coverage of costs of the office of security cooperation in + iraq.--In subsection (e)-- + (A) in the heading, by striking ``of OSCI''; + (B) by inserting ``appropriate administrative charges'' + after ``includes'' and + (C) by striking ``, charges sufficient to recover'' and all + that follows through ``with such sale''. + (6) Additional authority.--In subsection (f), by adding at the + end the following new paragraph: + ``(3) Sunset.--The authority provided in this subsection shall + terminate on the date that is 90 days after the date of the + enactment of the National Defense Authorization Act for Fiscal Year + 2020.''. + (7) Reports.--In subsection (g)-- + (A) in paragraph (1), by striking ``September 30, 2015'' + and inserting ``September 30, 2020''; and + (B) in paragraph (2)-- + (i) by striking ``current'' each place it appears; + (ii) in subparagraph (A), by striking ``Iraq, + including'' and inserting ``Iraq that also addresses''; + (iii) in subparagraph (B), by striking ``the programs + conducted'' and all that follows through ``will address'' + and inserting ``United States security assistance and + security cooperation activities are intended to address''; + and + (iv) by amending subparagraph (F) to read as follows: + ``(F) An evaluation of the effectiveness of United States + efforts to promote respect for human rights, military + professionalism, and respect for legitimate civilian authority + in Iraq.''. + (b) Limitation on Availability of Funds.--Such section 1215 is +further amended by adding at the end the following: + ``(h) Limitation on Availability of Funds.--Of the amount made +available for fiscal year 2020 to carry out section 1215 of the +National Defense Authorization Act for Fiscal Year 2012, not more than +$20,000,000 may be obligated or expended for the Office of Security +Cooperation in Iraq until the date on which the Secretary of Defense +certifies to the congressional defense committees, the Committee on +Foreign Affairs of the House of Representatives, and the Committee on +Foreign Relations of the Senate, that each of the following reforms +relating to that Office has been completed: + ``(1) The appointment of a Senior Defense Official/Defense + Attache to oversee the Office. + ``(2) The development of a staffing plan to reorganize the + Office in a manner similar to that of other security cooperation + offices in the region that emphasizes the placement of personnel + with regional or security cooperation expertise in key leadership + positions and closes duplicative or extraneous sections. + ``(3) The initiation of bilateral engagement with the + Government of Iraq with the objective of establishing a joint + mechanism for security assistance planning, including a five-year + security assistance roadmap for developing sustainable military + capacity and capabilities and enabling defense institution building + and reform.''. +SEC. 1224. ESTABLISHING A COORDINATOR FOR DETAINED ISIS MEMBERS AND +RELEVANT DISPLACED POPULATIONS IN SYRIA. + (a) In General.--Not later than 60 days after the date of the +enactment of this Act, the President, in consultation with the Secretary of Defense, the Secretary of State, the Director of National -Intelligence, and the Attorney General, designate an existing official -within the Executive Branch to serve as senior-level coordinator to -coordinate, in conjunction with the lead and other relevant agencies, -all matters for the United States Government relating to the long-term -disposition of members of the Islamic State of Iraq and Syria (ISIS) -and associated forces (in this section referred to as ``ISIS -detainees''), including all matters in connection with-- - (1) repatriation, transfer, prosecution, and intelligence- - gathering; and - (2) all multilateral and international engagements led by +Intelligence, the Secretary of the Treasury, and the Attorney General, +shall submit to the appropriate committees of Congress a report +identifying whether a senior-level coordinator exists on all matters +for the United States Government relating to ISIS members who are in +Syrian Democratic Forces custody, including with respect to-- + (1) the long-term disposition of such ISIS members, including + in all matters in connection with-- + (A) repatriation, transfer, prosecution, and intelligence- + gathering; + (B) all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of - ISIS detainees. - (b) Retention of Authority.--The appointment of a senior-level -coordinator pursuant to subsection (a) shall not deprive any agency of + such ISIS members, including with the International Criminal + Police Organization; and + (C) coordinating the provision of technical and evidentiary + assistance to foreign countries to aid in the successful + prosecution of such ISIS members, as appropriate, in accordance + with international humanitarian law and other internationally + recognized human rights and rule of law standards; and + (2) all multilateral and international engagements related to + the humanitarian access, provision of basic services, freedom of + movement, security and safe return of internally displaced persons + and refugees at camps or facilities in Syria that hold family + members of such ISIS members. + (b) Designation.--If the President is unable to identify a senior- +level coordinator for all matters described in subsection (a), the +President, in consultation with the Secretary of Defense, the Secretary +of State, the Director of National Intelligence, the Secretary of the +Treasury, and the Attorney General, shall designate an existing +official within the executive branch to serve as senior-level +coordinator to coordinate, in conjunction with other relevant agencies, +all matters described in such subsection. + (c) Retention of Authority.--The appointment of a senior-level +coordinator pursuant to subsection (b) shall not deprive any agency of any authority to independently perform functions of that agency. - (c) Annual Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, and not less frequently than once - each year thereafter through December 31, 2024, the individual - designated under subsection (a) shall submit to the appropriate - committees of Congress a detailed report regarding the - following ISIS detainees: - (A) Alexanda Kotey. - (B) El Shafee Elsheikh. - (C) Aine Lesley Davis. - (D) Umm Sayyaf. - (E) Any other high-value ISIS detainee that the - coordinator reasonably determines to be subject to - criminal prosecution in the United States. - (2) Elements.--The report under paragraph (1) shall - include, at a minimum, the following: - (A) A detailed description of the facilities where - ISIS detainees described in paragraph (1) are being - held. - (B) An analysis of all United States efforts to - prosecute ISIS detainees described in paragraph (1) and - the outcomes of such efforts. Any information, the - disclosure of which may violate Department of Justice - policy or law, relating to a prosecution or - investigation may be withheld from a report under - paragraph (1). - (C) A detailed description of any option to - expedite prosecution of any ISIS detainee described in - paragraph (1), including in a court of competent - jurisdiction outside of the United States. - (D) An analysis of factors on the ground in Syria - and Iraq that may result in the unintended release of - ISIS detainees described in paragraph (1), and an - assessment of any measures available to mitigate such - releases. - (E) A detailed description of all multilateral and - other international efforts or proposals that would - assist in the prosecution of ISIS detainees described - in paragraph (1). - (F) An analysis of all efforts between the United - States and partner countries within the Global - Coalition to Defeat ISIS or other countries to share - intelligence or evidence that may aid in the - prosecution of members of the Islamic State of Iraq and - Syria and associated forces, and any legal obstacles - that may hinder such efforts. - (G) An analysis of the manner in which the United - States Government communicates on such proposals and - efforts to the families of United States citizens - believed to be a victim of a criminal act by an ISIS - detainee. - (3) Form.--The report under paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. - (d) Appropriate Committees of Congress Defined.--In this section, -the term ``appropriate committees of Congress'' means-- - (1) the Committee on Armed Services, the Committee on - Foreign Relations, the Committee on the Judiciary, the Select + (d) Annual Report.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, and not less frequently than once each year + thereafter through January 31, 2021, the individual designated + under subsection (b) shall submit to the appropriate committees of + Congress a detailed report regarding the following detained ISIS + members: + (A) Alexanda Kotey. + (B) El Shafee Elsheikh. + (C) Aine Lesley Davis. + (D) Umm Sayyaf. + (E) Any other high-value detained ISIS member that the + coordinator reasonably determines to be subject to criminal + prosecution. + (2) Elements.--The report under paragraph (1) shall include, at + a minimum, the following: + (A) A detailed description of the facilities where detained + ISIS members described in paragraph (1) are being held, + including security and management of such facilities and + adherence to international humanitarian law standards. + (B) An analysis of all United States efforts to prosecute + detained ISIS members described in paragraph (1) and the + outcomes of such efforts. Any information, the disclosure of + which may violate Department of Justice policy or law, relating + to a prosecution or investigation may be withheld from a report + under paragraph (1). + (C) A detailed description of any option to expedite + prosecution of any detained ISIS member described in paragraph + (1), including in a court of competent jurisdiction outside of + the United States. + (D) An analysis of factors on the ground in Syria and Iraq + that may result in the unintended release of detained ISIS + members described in paragraph (1), and an assessment of any + measures available to mitigate such releases. + (E) A detailed description of efforts to coordinate the + disposition and security of detained ISIS members described in + paragraph (1) with other countries and international + organizations, including the International Criminal Police + Organization, to ensure secure chains of custody and locations + of such ISIS members. + (F) An analysis of the manner in which the United States + Government communicates on such proposals and efforts to the + families of United States citizens believed to be a victim of a + criminal act by a detained ISIS member. + (G) An analysis of all efforts between the United States + and partner countries within the Global Coalition to Defeat + ISIS or other countries to share intelligence or evidence that + may aid in the prosecution of ISIS members, and any legal + obstacles that may hinder such efforts. + (H) A description of all multilateral and international + engagements related to the humanitarian access and provision of + basic services to and freedom of movement and security and safe + return of internally displaced persons and refugees at camps or + facilities in Iraq, Syria, or any other area affected by ISIS + activity, including-- + (i) any current or future potential threats to United + States national security interests emanating from such + individuals (including an analysis of the Al-Hol camp and + annexes); and + (ii) United States Government plans and strategies to + respond to any such threats. + (3) Form.--The report under paragraph (1) shall be submitted in + unclassified form, but may include a classified annex. + (e) Sunset.--The requirements under this section shall sunset on +January 31, 2021. + (f) Definitions.--In this section: + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the Committee on Armed Services, the Committee on + Foreign Relations, the Committee on the Judiciary, the + Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and - (2) the Committee on Armed Services, the Committee on - Foreign Affairs, the Committee on the Judiciary, the Permanent - Select Committee on Intelligence, and the Committee on - Appropriations of the House of Representatives. - + (B) the Committee on Armed Services, the Committee on + Foreign Affairs, the Committee on the Judiciary, Committee on + Financial Services, the Permanent Select Committee on + Intelligence, and the Committee on Appropriations of the House + of Representatives. + (2) ISIS member.--The term ``ISIS member'' means a person who + was part of, or substantially supported, the Islamic State of Iraq + and Syria. SEC. 1225. REPORT ON LESSONS LEARNED FROM EFFORTS TO LIBERATE MOSUL AND - RAQQAH FROM CONTROL OF THE ISLAMIC STATE OF IRAQ AND - SYRIA. - +RAQQAH FROM CONTROL OF THE ISLAMIC STATE OF IRAQ AND SYRIA. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on lessons learned from @@ -13394,1281 +24908,3050 @@ control of the Islamic State of Iraq and Syria (ISIS). (b) Elements.--The report required by subsection (a) shall include a description of lessons learned in connection with each of the following: - (1) Combat in densely populated urban environments. - (2) Enablement of partner forces, including unique aspects - of conducting combined operations with regular and irregular - forces. - (3) Advise, assist, and accompany efforts, including such - efforts conducted remotely. - (4) Integration of United States general purpose and - special operations forces. - (5) Integration of United States and international forces. - (6) Irregular and unconventional warfare approaches, - including the application of training and doctrine by special - operations and general purpose forces. - (7) Use of command, control, communications, computer, - intelligence, surveillance, and reconnaissance systems and - techniques. - (8) Logistics. - (9) Information operations. - (10) Targeting and weaponeering, including efforts to avoid - civilian casualties and other collateral damage. - (11) Facilitation of flows of internally displaced people - and humanitarian assistance. - (12) Such other matters as the Secretary considers - appropriate and could benefit training, doctrine, and - resourcing of future operations. + (1) Combat in densely populated urban environments. + (2) Enablement of partner forces, including unique aspects of + conducting combined operations with regular and irregular forces. + (3) Advise, assist, and accompany efforts, including such + efforts conducted remotely. + (4) Integration of United States general purpose and special + operations forces. + (5) Integration of United States and international forces. + (6) Irregular and unconventional warfare approaches, including + the application of training and doctrine by special operations and + general purpose forces. + (7) Use of command, control, communications, computer, + intelligence, surveillance, and reconnaissance systems and + techniques. + (8) Logistics. + (9) Information operations. + (10) Targeting and weaponeering, including efforts to avoid + civilian casualties and other collateral damage. + (11) Facilitation of flows of internally displaced people and + humanitarian assistance. + (12) Such other matters as the Secretary considers appropriate + and could benefit training, doctrine, and resourcing of future + operations. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. - - Subtitle D--Matters Relating to Europe and the Russian Federation - -SEC. 1231. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY - OF THE RUSSIAN FEDERATION OVER CRIMEA. - +SEC. 1226. EXPANSION OF AVAILABILITY OF FINANCIAL ASSETS OF IRAN TO +VICTIMS OF TERRORISM. + 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''; and + (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).''. +SEC. 1227. REPORT ON THE STATUS OF DECONFLICTION CHANNELS WITH IRAN. + (a) In General.--Not later than 30 days after the date of enactment +of this Act, the President shall submit to Congress a report on the +status of deconfliction channels with Iran. + (b) Matters to Be Included.--The report required by subsection (a) +shall include the following: + (1) The status of United States diplomatic deconfliction + channels with Iran to prevent miscalculation, define ambiguities, + and correct misunderstandings that could otherwise lead to + unintended consequences, including unnecessary or harmful military + activity. + (2) The status of United States military-to-military + deconfliction channels with Iran to prevent military and diplomatic + miscalculation. + (3) An analysis of the need and rationale for bilateral and + multilateral deconfliction channels, including an assessment of + recent United States experience with such channels of communication + with Iran. +SEC. 1228. PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF +SUPPORT TO CERTAIN ORGANIZATIONS. + None of the funds authorized to be appropriated by this Act or +otherwise made available for the Department of Defense for fiscal year +2020 may be used to knowingly provide weapons or any other form of +support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat +Fateh al Sham, Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab, +Islamic Revolutionary Guard Corps, or any individual or group +affiliated with any such organization. + + Subtitle D--Matters Relating to the Russian Federation + +SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE +UNITED STATES AND RUSSIA. + Section 1232(a) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by +striking ``or 2019'' and inserting ``, 2019, or 2020''. +SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY +OF RUSSIA OVER CRIMEA. (a) Prohibition.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be obligated or expended to implement any -activity that recognizes the sovereignty of the Russian Federation over -Crimea. +activity that recognizes the sovereignty of Russia over Crimea. (b) Waiver.--The Secretary of Defense, with the concurrence of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense-- - (1) determines that a waiver is in the national security - interest of the United States; and - (2) on the date on which the waiver is invoked, submits a - notification of the waiver and a justification of the reason - for seeking the waiver to-- - (A) the Committee on Armed Services and the - Committee on Foreign Relations of the Senate; and - (B) the Committee on Armed Services and the - Committee on Foreign Affairs of the House of - Representatives. - -SEC. 1232. PROHIBITION ON USE OF FUNDS FOR WITHDRAWAL OF ARMED FORCES - FROM EUROPE IN THE EVENT OF UNITED STATES WITHDRAWAL FROM - THE NORTH ATLANTIC TREATY. - - Notwithstanding any other provision of law, if the President -provides notice of withdrawal of the United States from the North -Atlantic Treaty, done at Washington D.C. April 4, 1949, pursuant to -Article 13 of the Treaty, during the one-year period beginning on the -date of such notice, no funds authorized to be appropriated by this Act -may be obligated, expended, or reprogrammed for the withdrawal of the -United States Armed Forces from Europe. - -SEC. 1233. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE - UNITED STATES AND THE RUSSIAN FEDERATION. - - Subsection (a) of the National Defense Authorization Act for Fiscal -Year 2017 (Public Law 114-328; 130 Stat. 2488), as most recently -amended by section 1247 of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further -amended in the matter preceding paragraph (1) by striking ``fiscal year -2017, 2018, or 2019'' and inserting ``fiscal year 2017, 2018, 2019, or -2020''. - -SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE - INITIATIVE. - - Section 1250 of the National Defense Authorization Act for Fiscal -Year 2016 (Public Law 114-92; 129 Stat. 1068), as most recently amended -by section 1246 of the John S. McCain National Defense Authorization -Act for Fiscal Year 2019 (Public Law 115-232), is further amended-- - (1) in subsection (a), in the matter preceding paragraph - (1), by striking ``in coordination with the Secretary of - State'' and inserting ``with the concurrence of the Secretary - of State''; - (2) in subsection (b)-- - (A) by amending paragraph (11) to read as follows: - ``(11) Air defense and coastal defense radars, and systems - to support effective command and control and integration of air - defense and coastal defense capabilities.''; - (B) by redesignating paragraphs (14) and (15) as - paragraphs (15) and (16), respectively; - (C) by inserting after paragraph (13) the following - new paragraph (14): - ``(14) Coastal defense and anti-ship missile systems.''; - and - (D) in paragraph (15), as so redesignated, by - striking ``paragraphs (1) through (13)'' and inserting - ``paragraphs (1) through (14)''; - (3) in subsection (c), by amending paragraph (5) to read as - follows: - ``(5) Lethal assistance.--Of the funds available for fiscal - year 2020 pursuant to subsection (f)(5), $100,000,000 shall be - available only for lethal assistance described in paragraphs - (2), (3), (11), (12), and (14) of subsection (b).''; - (4) in subsection (f), by adding at the end the following - new paragraph: - ``(5) For fiscal year 2020, $300,000,000.''; and - (5) in subsection (h), by striking ``December 31, 2021'' - and inserting ``December 31, 2022''. - -SEC. 1235. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN EUROPEAN - NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL - EXERCISES. - - Subsection (h) of section 1251 of the National Defense -Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is -amended-- - (1) in the first sentence, by striking ``December 31, - 2020'' and inserting ``December 31, 2022''; and - (2) in the second sentence, by striking ``for for the - period beginning on October 1, 2015, and ending on December 31, - 2020'' and inserting ``for the period beginning on October 1, - 2015, and ending on December 31, 2022''. - -SEC. 1236. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO THE REPUBLIC OF - TURKEY. - - (a) Limitation.--Except as provided in subsection (b), none of the -funds authorized to be appropriated by this Act or otherwise made -available for the Department of Defense may be used to do the -following: - (1) Transfer, or facilitate the transfer of, F-35 aircraft - to the territory of the Republic of Turkey. - (2) Transfer equipment, intellectual property, or technical - data necessary for or related to the maintenance or support of - the F-35 aircraft in the territory of the Republic of Turkey. - (3) Construct facilities for or otherwise associated with - the storage of F-35 aircraft in the territory of the Republic - of Turkey. - (b) Waiver.--The Secretary of Defense, with the concurrence of the -Secretary of State, may waive the limitation under subsection (a) if -the Secretary of Defense and the Secretary of State submit to the -congressional defense committees, the Committee on Foreign Relations of -the Senate, and the Committee on Foreign Affairs of the House of -Representatives a certification that the Government of Turkey-- - (1) has not accepted delivery of the S-400 air and missile - defense system from the Russian Federation; and - (2) has provided reliable assurances that the Government of - Turkey will not accept delivery of the S-400 air and missile - defense system from the Russian Federation in the future. - -SEC. 1237. MODIFICATIONS OF BRIEFING, NOTIFICATION, AND REPORTING - REQUIREMENTS RELATING TO NON-COMPLIANCE BY THE RUSSIAN - FEDERATION WITH ITS OBLIGATIONS UNDER THE INF TREATY. - + (1) determines that a waiver is in the national security + interest of the United States; and + (2) on the date on which the waiver is invoked, submits a + notification of the waiver and a justification of the reason for + seeking the waiver to-- + (A) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate; and + (B) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives. +SEC. 1233. SENSE OF CONGRESS ON UPDATING AND MODERNIZING EXISTING +AGREEMENTS TO AVERT MISCALCULATION BETWEEN THE UNITED STATES AND +RUSSIA. + It is the sense of Congress that-- + (1) conventional arms control and confidence and security + building measures have played an important role in helping to + increase military transparency and reduce the risk of + miscalculation; + (2) Russia's violations of the sovereignty and territorial + integrity of Georgia and Ukraine, and Russia's ongoing + destabilizing and aggressive behavior, has undermined peace, + security, and stability in Europe and beyond; + (3) Russia's unilateral suspension and violation of the Treaty + on Conventional Armed Forces in Europe, done at Vienna November 19, + 1990, and entered into force November 9, 1992, and selective + implementation of the Vienna Document of the Organization for + Security and Cooperation in Europe 2011 have contributed to a + greater risk of miscalculation; + (4) Russia's unsafe and unprofessional interactions with United + States aircraft and vessels-- + (A) are contrary to the spirit of-- + (i) the Agreement Between the Government of the United + States and the Government of the Union of Soviet Socialist + Republics on the Prevention of Incidents On and Over the + High Seas, done at Moscow May 25, 1972, and entered into + force May 25, 1972; and + (ii) the Agreement on the Prevention of Dangerous + Military Activities Agreement, done at Moscow June 12, + 1989, and entered into force January 1, 1990; and + (B) erode military transparency, predictability, and trust; + (5) the United States remains committed to upholding its + current treaty obligations and commitments with respect to + conventional arms control and confidence and security building + measures; and + (6) the Secretary of Defense and the Secretary of State should + explore options, as practicable, for updated or new frameworks for + increasing military transparency, stability, and reducing the risk + of miscalculation, including through enhanced diplomatic engagement + and military-to-military dialogue. +SEC. 1234. UNITED STATES PARTICIPATION IN OPEN SKIES TREATY. + (a) Notification Required.--Not later than 120 days before the +provision of notice of intent to withdraw the United States from the +Open Skies Treaty to either treaty depository pursuant to Article XV of +the Treaty, the Secretary of Defense and the Secretary of State shall +jointly submit to the congressional defense committees, the Committee +on Foreign Affairs of the House of Representatives, and the Committee +on Foreign Relations of the Senate a notification that-- + (1) such withdrawal is in the best interests of the United + States national security; and + (2) the other state parties to the Treaty have been consulted + with respect to such withdrawal. + (b) Repeal of Limitation on Use of Funds to Vote to Approve or +Otherwise Adopt Any Implementing Decision of the Open Skies +Consultative Commission and Modifications to Report.-- + (1) In general.--Section 1236 of the National Defense + Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 + Stat. 2491) is amended-- + (A) by striking subsections (a) and (b); and + (B) by redesignating subsections (c), (d), (e), and (f) as + subsections (a), (b), (c), and (d), respectively. + (2) Modifications to report.--Subsection (a) of such section, + as so redesignated, is amended-- + (A) in the heading, by striking ``Quarterly'' and inserting + ``Annual''; + (B) in paragraph (1)-- + (i) by inserting ``the Secretary of State,'' before + ``the Secretary of Energy''; + (ii) by striking ``quarterly basis'' and inserting + ``annual basis''; + (iii) by striking ``by the Russian Federation over the + United States'' and inserting ``by all parties to the Open + Skies Treaty, including the United States, under the + Treaty''; and + (iv) by striking ``calendar quarter'' and inserting + ``preceding calendar year''; and + (C) in paragraph (2), by striking subparagraphs (B), (C), + and (D) and inserting the following: + ``(B) In the case of an observation flight by the United + States, including an observation flight over the territory of + Russia-- + ``(i) an analysis of data collected that supports + United States intelligence and military collection goals; + and + ``(ii) an assessment of data collected regarding + military activity that could not be collected through other + means. + ``(C) In the case of an observation flight over the + territory of the United States-- + ``(i) an analysis of whether and the extent to which + any United States critical infrastructure was the subject + of image capture activities of such observation flight; + ``(ii) an estimate for the mitigation costs imposed on + the Department of Defense or other United States Government + agencies by such observation flight; and + ``(iii) an assessment of how such information is used + by the parties conducting the observation flight, for what + purpose, and how the information fits into the overall + collection posture.''. + (3) Form.--Subsection (c) of such section, as so redesignated, + is amended by striking ``certification, report, and notice'' and + inserting ``report''. + (4) Definitions.--Subsection (d) of such section, as so + redesignated, is amended-- + (A) by striking paragraphs (3) and (6); and + (B) by redesignating paragraphs (4), (5), and (7) as + paragraphs (3), (4), and (5), respectively. + (c) Open Skies: Implementation Plan.--Section 1235(a) of the +National Defense Authorization Act for Fiscal Year 2018 (Public Law +115-91; 131 Stat. 1660) is amended-- + (1) in paragraph (1)-- + (A) by striking ``during such fiscal year'' and inserting + ``during a calendar year''; and + (B) by striking ``the President submits'' and all that + follows and inserting ``the Secretary of Defense provides to + the appropriate congressional committees a report on a plan + described in paragraph (2) with respect to such calendar + year.''; + (2) in paragraph (2), by striking ``such fiscal year'' and + inserting ``such calendar year''; and + (3) in paragraph (3), by striking ``a fiscal year and submit + the updated plan'' and inserting ``a calendar year and provide a + report on the updated plan''. + (d) Definition of Open Skies Treaty; Treaty.--In this section, the +term ``Open Skies Treaty'' or ``Treaty'' means the Treaty on Open +Skies, done at Helsinki March 24, 1992, and entered into force January +1, 2002. +SEC. 1235. MODIFICATIONS OF BRIEFING, NOTIFICATION, AND REPORTING +REQUIREMENTS RELATING TO NON-COMPLIANCE BY THE RUSSIAN FEDERATION WITH +ITS OBLIGATIONS UNDER THE INF TREATY. (a) Briefing Requirement.--Section 1244(d) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal -Year 2015 (Public Law 113-291; 128 Stat. 3565; 22 U.S.C. 2593a note)-- - (1) by striking ``At the time'' and inserting the - following: - ``(A) In general.--At the time''; and - (2) by adding at the end the following new subparagraph: - ``(B) Sunset.--The briefing requirement under - subparagraph (A) shall be in effect so long as the INF - Treaty remains in force.''. +Year 2015 (Public Law 113-291; 128 Stat. 3565; 22 U.S.C. 2593a note) is +amended-- + (1) by striking ``At the time'' and inserting the following: + ``(1) In general.--At the time''; and + (2) by adding at the end the following new paragraph: + ``(2) Sunset.--The briefing requirement under paragraph (1) + shall be in effect so long as the INF Treaty remains in force.''. (b) Notification Requirement Relating to Coordination With Allies.--Section 1243(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1601) is amended by adding at the end the following new paragraph: - ``(3) Sunset.--The notification requirement under paragraph - (1) shall be in effect so long as the INF Treaty remains in - force.''. + ``(3) Sunset.--The notification requirement under paragraph (1) + shall be in effect so long as the INF Treaty remains in force.''. (c) Notification Requirement Relating to Development, Deployment, or Test of a System Inconsistent With INF Treaty.--Section 1244(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1673; 22 U.S.C. 2593a note) is amended by adding at the end the following new paragraph: - ``(3) Sunset.--The notification requirement under paragraph - (1) shall be in effect so long as the INF Treaty remains in - force.''. + ``(3) Sunset.--The notification requirement under paragraph (1) + shall be in effect so long as the INF Treaty remains in force.''. (d) Reporting Requirement Under Ukraine Freedom Support Act of 2014.--Section 10(c) of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8929) is amended by adding at the end the following new paragraph: - ``(3) Sunset.--The reporting requirement under paragraph - (1) shall be in effect so long as the INF Treaty remains in - force.''. + ``(3) Sunset.--The reporting requirement under paragraph (1) + shall be in effect so long as the INF Treaty remains in force.''. +SEC. 1236. REPORT ON TREATIES RELATING TO NUCLEAR ARMS CONTROL. + (a) Findings.--Congress finds the following: + (1) On October 24, 2018, the House Committee on Armed Services + and House Committee on Foreign Affairs wrote to the Secretary of + Defense requesting information regarding the Administration's + policies and strategies related to nuclear arms control. + (2) The Committees did not receive the requested information + from the Secretary of Defense. + (b) Assessment Required.--Not later than 120 days after the date of +the enactment of this Act, the Secretary of Defense, in consultation +with the Secretary of State and the Director of National Intelligence, +shall submit to the Committee on Armed Services, the Permanent Select +Committee on Intelligence, and the Committee on Foreign Affairs of the +House of Representatives and the Committee on Armed Services, the +Select Committee on Intelligence, and the Committee on Foreign +Relations of the Senate an assessment that includes each of the +following: + (1) The implications, in terms of military threat to the United + States or its allies in Europe, of Russian deployment of + intermediate-range cruise and ballistic missiles without + restriction. + (2) What new capabilities the United States might need in order + to pursue additional technologies or programs to offset such + Russian capabilities, and the costs associated with such + capabilities, technologies, and programs. + (3) An assessment of the threat to the United States of + Russia's strategic nuclear force in the event the New START Treaty + lapses. + (4) What measures could have been taken short of withdrawal, + including economic, military, and diplomatic options, to increase + pressure on Russia for violating the INF Treaty. + (5) The status of all consultations with allies pertaining to + the INF Treaty and the threat posed by Russian forces that are + noncompliant with the obligations of such treaty. + (6) The impact that Russian withdrawal from the INF Treaty and + the expiration of the New START Treaty could have on long-term + United States-Russia strategic stability. + (c) Withholding of Funds.--Until the date of the submission of the +assessment required by subsection (b), an amount that is equal to 20 +percent of the total amount authorized to be appropriated to the Office +of the Secretary of Defense under the Operations and Maintenance, +Defense-Wide account for the travel of persons shall be withheld from +obligation or expenditure. + (d) Definitions.--In this section: + (1) 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 at Prague April 8, 2010, and + entered into force February 5, 2011. + (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, signed at Washington December 8, 1987, + and entered into force June 1, 1988. +SEC. 1237. REPORTS RELATING TO THE NEW START TREATY. + (a) Sense of Congress.--It is the sense of Congress that legally +binding, verifiable limits on Russian strategic nuclear forces are in +the national security interest of the United States. + (b) Prior Notification for Withdrawal.--Not later than 120 days +before the provision to Russia, pursuant to Article XIV of the New +Start Treaty, of notice of intent to withdraw the United States from +the Treaty, the Secretary of Defense and the Secretary of State shall +jointly submit to the congressional defense committees, the Committee +on Foreign Affairs of the House of Representatives, and the Committee +on Foreign Relations of the Senate a notification that includes a +description of the extraordinary events jeopardizing the United States' +supreme interests accompanying such notice of intent to withdraw in +accordance with the requirements of such Article XIV. + (c) Assessments From Director of National Intelligence.-- + (1) Relating to expiration of new start treaty.--Not later than + 180 days after the date of the enactment of this Act, the Director + of National Intelligence shall submit to the appropriate + congressional committees an assessment of the implications of the + expiration of the New START Treaty without the United States and + Russia having entered into a new arms control agreement. The + assessment shall include the following elements: + (A) An assessment of possible changes to the Russian + nuclear force structure through 2026, if the Treaty expires in + 2021 without replacement, including Russia's ability and intent + to deploy strategic nuclear warheads and delivery vehicles + above the central limits of the Treaty and with respect to + possible future strategic nuclear weapons research and + development programs. + (B) An assessment of the verification and transparency + benefits of the Treaty and a description of the Treaty's impact + on the United States' understanding of Russia's nuclear forces. + (C) An assessment of what actions would be necessary for + the United States to remediate the loss of the Treaty's + verification and transparency benefits if the Treaty is not + extended and a new arms control agreement is not concluded, and + an estimate of the remedial resources required to ensure no + concomitant loss of understanding of Russia's nuclear forces as + practicable. + (2) Relating to russia's willingness to engage in nuclear arms + control negotiations.--Not later than 180 days after the date of + the enactment of this Act, the Director of National Intelligence + shall submit to the appropriate congressional committees an + assessment of Russia's willingness to engage in nuclear arms + control negotiations and Russia's priorities in these negotiations. + The assessment shall include the following elements: + (A) An assessment of Russia's willingness to extend the New + START Treaty and its likely negotiating position to discuss + such an extension with the United States. + (B) An assessment of Russia's interest in negotiating a + broader arms control agreement that would include nuclear + weapons systems not accountable under the New START Treaty, + including non-strategic nuclear weapons. + (C) An assessment of what concessions Russia would likely + seek from the United States during such negotiations, including + what additional United States' military capabilities Russia + would seek to limit, in any broader arms control negotiation. + (D) Any other matter the Director determines to be + relevant. + (d) Reports and Briefing From Secretary of State.-- + (1) Relating to nato, nato member countries, and other united + states allies.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of State, in consultation with + the Secretary of Defense, shall submit a report and provide a + briefing to the appropriate congressional committees that + includes-- + (A) an assessment of the likely reactions of the North + Atlantic Treaty Organization (NATO), NATO member countries, and + other United States allies and partners to the expiration of + the New START Treaty without the entry into force of a new + nuclear arms control agreement between the United States and + Russia; and + (B) a description of the consultations undertaken with + allies relating to the Treaty. + (2) Relating to ongoing implementation of the new start + treaty.--Not later than 60 days after the date of the enactment of + this Act, and again not later than September 1, 2020, the Secretary + of State, in consultation with the Secretary of Defense, shall + submit a report to the appropriate congressional committees with an + assessment of the following elements: + (A) Whether the Russian Federation remains in compliance + with its obligations under the New START Treaty. + (B) Whether continuing implementation of the New START + Treaty remains in the national security interest of the United + States. + (3) Relating to other matters.--Not later than 90 days after + the date of the enactment of this Act, and every 180 days + thereafter until the New START Treaty is extended beyond February + 2021 or expires, the Secretary of State, in consultation with the + Secretary of Defense, shall provide a briefing to the appropriate + congressional committees that includes the following elements: + (A) A description of any discussions with Russia on the + Treaty or a multilateral arms control treaty with Russia and + other countries on the reduction and limitation of strategic + offensive arms, and discussions addressing the disparity + between the non-strategic nuclear weapons stockpiles of Russia + and of the United States, at the Assistant Secretary level, + Ambassadorial level, or higher. + (B) The dates, locations, discussion topics, and Russian + interlocutors involved in those discussions. + (C) An identification of the United States Government + departments and agencies involved in the discussions. + (D) The types of systems, both nuclear and nonnuclear, + discussed by either side in such discussions as the potential + subjects of an agreement. + (E) Whether formal negotiations to extend the Treaty or + negotiate a new agreement have occurred. + (e) Report and Briefing From Secretary of Defense.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense, in consultation + with the Secretary of Energy, shall submit a report to the + congressional defense committees that includes an assessment of the + manner and extent to which the United States nuclear force + structure could change if the New START Treaty expires in 2021, + including current and planned nuclear modernization programs, and + associated costs. + (2) Additional report upon expiration.--Not later than April 5, + 2021, the Secretary of Defense, in consultation with the Secretary + of Energy, shall, if the New START Treaty has expired prior to such + date, submit a plan describing the manner in which the United + States nuclear force structure will change, including current and + planned nuclear modernization programs and associated costs. + (f) Form.--Each report, plan, or assessment required by this +section shall be submitted in unclassified form, but may include a +classified annex. + (g) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Relations, the Committee on + Armed Services, and the Select Committee on Intelligence of the + Senate; and + (B) the Committee on Foreign Affairs, the Committee on + Armed Services, and the Permanent Select Committee on + Intelligence of the House of Representatives. + (2) New start treaty; treaty.--The terms ``New START Treaty'' + and ``Treaty'' mean 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 on April 8, + 2010, and entered into force on February 5, 2011. +SEC. 1238. REPORT ON MILITARY ACTIVITIES OF THE RUSSIAN FEDERATION AND +THE PEOPLE'S REPUBLIC OF CHINA IN THE ARCTIC REGION. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the Secretary of State and the Director of National Intelligence, shall +submit to the appropriate committees of Congress the following: + (1) A report on any military activities of the Russian + Federation in the Arctic region. + (2) A report on any military activities of the People's + Republic of China in the Arctic region. + (b) Matters to Be Included.--The reports under subsection (a) shall +include, with respect to the Russian Federation or the People's +Republic of China, as applicable, the following: + (1) A description of military activities of such country in the + Arctic region, including-- + (A) the emplacement of military infrastructure, equipment, + or forces; + (B) any exercises or other military activities; and + (C) activities that are non-military in nature, but are + considered to have military or other strategic implications. + (2) An assessment of-- + (A) the intentions of such activities; + (B) the extent to which such activities affect or threaten + the interests of the United States and allies in the Arctic + region; and + (C) any response to such activities by the United States or + allies. + (3) A description of future plans and requirements with respect + to such activities. + (c) Form.--Each report under subsection (a) shall be submitted in +classified form, but may include an unclassified executive summary. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on Foreign + Relations, the Committee on Appropriations, and the Select + Committee on Intelligence of the Senate; and + (2) the Committee on Armed Services, the Committee on Foreign + Affairs, the Committee on Appropriations, and the Permanent Select + Committee on Intelligence of the House of Representatives. +SEC. 1239. 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, 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. -SEC. 1238. EXTENSION AND MODIFICATION OF SECURITY ASSISTANCE FOR BALTIC - NATIONS FOR JOINT PROGRAM FOR INTEROPERABILITY AND - DETERRENCE AGAINST AGGRESSION. + Subtitle E--Matters Relating to Europe and NATO - (a) Additional Defense Articles and Services.--Subsection (c) of -section 1279D of the National Defense Authorization Act for Fiscal Year -2018 (Public Law 115-91; 131 Stat. 1702; 22 U.S.C. 2753 note) is +SEC. 1241. SENSE OF CONGRESS ON SUPPORT FOR THE NORTH ATLANTIC TREATY +ORGANIZATION. + It is the sense of Congress that-- + (1) the North Atlantic Treaty Organization (NATO) is critical + to achieving United States national security interests and defense + objectives around the world; + (2) NATO is the most successful military alliance in history, + founded on the principles of democracy, individual liberty, and the + rule of law, and its contributions to the collective defense are + indispensable to the security, prosperity, and freedom of its + members; + (3) membership in NATO is a cornerstone of the security and + national defense of the United States; + (4) the United States commitment to the NATO alliance has been + foundational to the rules-based international order for seven + decades, helping to sustain a system of mutual security and shared + values and enhance the United States security through common + defense; + (5) the United States must remain ironclad in its commitment to + uphold its obligations under the North Atlantic Treaty, including + Article 5 of such Treaty; + (6) the United States should deepen strategic and defense + cooperation with non-NATO European partners, and encourage NATO + cooperation with such partners; + (7) the United States should encourage defense cooperation that + complements and strengthens NATO collective defense, + interoperability, and allies' commitment to Article 3 of the North + Atlantic Treaty; and + (8) the United States should pursue a long-term policy to + strengthen relationships with NATO allies, oppose efforts to + undermine and divide the NATO alliance, invest in long-term efforts + to deter aggression against NATO allies and counter campaigns aimed + at eroding shared values of the alliance, and enhance + interoperability and planning for collective defense. +SEC. 1242. PROHIBITION ON THE USE OF FUNDS TO SUSPEND, TERMINATE, OR +PROVIDE NOTICE OF DENUNCIATION OF THE NORTH ATLANTIC TREATY. + Notwithstanding any other provision of law, no funds may be +obligated, expended, or otherwise made available during the period +beginning on the date of the enactment of this Act and ending on +December 31, 2020, to take any action to suspend, terminate, or provide +notice of denunciation of the North Atlantic Treaty, done at +Washington, D.C. on April 4, 1949. +SEC. 1243. FUTURE YEARS PLANS AND PLANNING TRANSPARENCY FOR THE +EUROPEAN DETERRENCE INITIATIVE. + (a) Amendments.--Section 1273 of the National Defense Authorization +Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1696) is amended +as follows: + (1) In the section heading, by striking ``plan'' and inserting + ``plans''. + (2) In subsection (a) to read as follows: + ``(a) Initial Plan.--Not later than December 31, 2019, the +Secretary of Defense, in consultation with the Commander of the United +States European Command, shall submit to the congressional defense +committees a future years plan on activities and resources of the +European Deterrence Initiative (EDI) for fiscal year 2020 and not fewer +than the four succeeding fiscal years.''. + (3) Matters to be included.--In subsection (b)-- + (A) in paragraph (1) to read as follows: + ``(1) A description of the objectives of the EDI, including a + description of-- + ``(A) the intended force structure and posture of the + assigned and allocated forces within the area of responsibility + of the United States European Command for the last fiscal year + of the plan; and + ``(B) the manner in which such force structure and posture + support the implementation of the National Defense Strategy.''; + (B) in paragraph (5), by striking ``required infrastructure + investments'' and inserting ``required infrastructure and + military construction investments''; and + (C) in paragraph (8)-- + (i) in subparagraph (E), by striking ``and'' at the + end; + (ii) in subparagraph (F), by striking the period at the + end and inserting a semicolon; and + (iii) by adding at the end the following: + ``(G) a detailed assessment of the resources necessary to + achieve the requirements of the plan, including specific cost + estimates for each project under the EDI to support increased + presence, exercises and training, enhanced prepositioning, + improved infrastructure, and building partnership capacity; + ``(H) a detailed timeline to achieve the force posture and + capabilities, including permanent force posture requirements; + and + ``(I) a detailed explanation of any significant + modifications to activities and resources as compared to the + future years plan on activities and resources of the EDI + submitted for the previous year.''. + (4) By redesignating subsections (c) and (d) as subsections (d) + and (e), respectively. + (5) By inserting after subsection (b) the following: + ``(c) Subsequent Plans.-- + ``(1) In general.--Not later than the date on which the + Secretary of Defense submits to Congress the budget request for the + Department of Defense for fiscal year 2021 and each fiscal year + thereafter, the Secretary, in consultation with the Commander of + the United States European Command, shall submit to the + congressional defense committees a future years plan on activities + and resources of the European Deterrence Initiative for such fiscal + year and not fewer than the four succeeding fiscal years. + ``(2) Matters to be included.--The plan required under + paragraph (1) shall include-- + ``(A) the matters described in subsection (b); and + ``(B) a detailed explanation of any significant + modifications in requirements or resources, as compared to the + plan submitted under such subsection (b).''. + (6) In subsection (d), as redesignated, by striking ``The plan + required under subsection (a)'' and inserting ``The plans required + under subsections (a) and (c)''. + (7) In subsection (e), as redesignated, by striking + ``Limitations'' and all that follows through ``In the case of'' and + inserting ``Limitations.--In the case of''. + (b) Budget Display Information.--The Secretary of Defense shall +include in the materials submitted to Congress by the Secretary in +support of the budget of the President for fiscal year 2021 and each +fiscal year thereafter (as submitted under section 1105 of title 31, +United States Code), a detailed budget display for the European +Deterrence Initiative that includes the following information +(regardless of whether the funding line is for overseas contingency +operations): + (1) With respect to procurement accounts-- + (A) amounts displayed by account, budget activity, line + number, line item, and line item title; and + (B) a description of the requirements for each such amounts + specific to the Initiative. + (2) With respect to research, development, test, and evaluation + accounts-- + (A) amounts displayed by account, budget activity, line + number, program element, and program element title; and + (B) a description of the requirements for each such amounts + specific to the Initiative. + (3) With respect to operation and maintenance accounts-- + (A) amounts displayed by account title, budget activity + title, line number, and subactivity group title; and + (B) a description of how such amounts will specifically be + used. + (4) With respect to military personnel accounts-- + (A) amounts displayed by account, budget activity, budget + subactivity, and budget subactivity title; and + (B) a description of the requirements for each such amounts + specific to the Initiative. + (5) With respect to each project under military construction + accounts (including with respect to unspecified minor military + construction and amounts for planning and design), the country, + location, project title, and project amount by fiscal year. + (c) End of Fiscal Year Report.--Not later than November 30, 2020, +and annually thereafter, the Secretary of Defense shall submit to the +congressional defense committees a report that contains-- + (1) a detailed summary of funds obligated for the European + Deterrence Initiative for the preceding fiscal year; and + (2) a detailed comparison of funds obligated for the European + Deterrence Initiative for the preceding fiscal year to amounts + requested for the Initiative for that fiscal year in the materials + submitted to Congress by the Secretary in support of the budget of + the President for that fiscal year as required by subsection (c), + including with respect to each of the accounts described in + paragraphs (1), (2), (3), (4), and (5) of subsection (b) and the + information required under each such paragraph. + (d) Interim Briefing.--Not later than March 30, 2021, and annually +thereafter, the Secretary of Defense shall provide the congressional +defense committees with an interim briefing on the status of all +matters covered by the end of fiscal year report required by section +(c). +SEC. 1244. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE +INITIATIVE. + Section 1250 of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended-- + (1) in subsection (a), by striking ``in coordination with the + Secretary of State'' and inserting ``with the concurrence of the + Secretary of State''; + (2) in subsection (b)-- + (A) by amending paragraph (11) to read as follows: + ``(11) Air defense and coastal defense radars, and systems to + support effective command and control and integration of air + defense and coastal defense capabilities.''; + (B) by redesignating paragraphs (14) and (15) as paragraphs + (15) and (16), respectively; + (C) by inserting after paragraph (13) the following: + ``(14) Coastal defense and anti-ship missile systems.''; and + (D) in paragraph (15), as so redesignated, by striking + ``paragraphs (1) through (13)'' and inserting ``paragraphs (1) + through (14)''; + (3) in subsection (c)-- + (A) in paragraph (1), by striking ``50 percent of the funds + available for fiscal year 2019 pursuant to subsection (f)(4)'' + and inserting ``50 percent of the funds available for fiscal + year 2020 pursuant to subsection (f)(5)''; + (B) in paragraph (3), by striking ``fiscal year 2019'' and + inserting ``fiscal year 2020''; and + (C) in paragraph (5), by striking ``Of the funds available + for fiscal year 2019 pursuant to subsection (f)(4)'' and + inserting ``Of the funds available for fiscal year 2020 + pursuant to subsection (f)(5)''; + (4) in subsection (f), by adding at the end the following: + ``(5) For fiscal year 2020, $300,000,000.''; and + (5) in subsection (h), by striking ``December 31, 2021'' and + inserting ``December 31, 2022''. +SEC. 1245. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY. + (a) Limitation.--None of the funds authorized to be appropriated or +otherwise made available for the Department of Defense may be used to +do the following, and the Department may not otherwise do the +following: + (1) Transfer, facilitate the transfer, or authorize the + transfer of, any F-35 aircraft or related support equipment or + parts to Turkey. + (2) Transfer intellectual property, technical data, or material + support necessary for, or related to, any maintenance or support of + the F-35 aircraft necessary to establish Turkey's indigenous F-35 + capability. + (3) Construct a storage facility for, or otherwise facilitate + the storage in Turkey of, any F-35 aircraft transferred to Turkey. + (b) Waiver.-- + (1) Certification.--The Secretary of Defense, jointly with the + Secretary of State, may waive the limitation under subsection (a) + only if the Secretaries submit to the appropriate committees of + Congress a written certification that contains a determination by + the Secretaries, and any relevant documentation on which the + determination is based, that the Government of Turkey, having + previously accepted delivery of the S-400 air and missile defense + system from the Russian Federation-- + (A) no longer possesses the S-400 air and missile defense + system or any other equipment, materials, or personnel + associated with such system; + (B) has provided credible assurances that the Government of + Turkey will not in the future accept delivery of such system; + and + (C) has not, since July 31, 2019, purchased or accepted + delivery of defense equipment from the Russian Federation in + addition to the S-400 air and missile defense system that would + increase the risk of compromising the capabilities of the F-35 + aircraft and its associated systems. + (2) Notice and wait requirement.--The Secretary of Defense and + the Secretary of State may not waive the limitation under + subsection (a) until 90 days after the date on which the + Secretaries submit the certification under paragraph (1). + (c) Sense of Congress.--It is the sense of Congress that-- + (1) Turkey's possession of the S-400 air and missile defense + system adversely affects the national security of Turkey, the + United States, and all members of the North Atlantic Treaty + Alliance; + (2) the United States offer of the Patriot air and missile + defense system to Turkey constituted a viable alternative to + Turkey's acquisition of the S-400 air and missile defense system; + (3) acceptance of the S-400 air and missible defense system by + Turkey constitutes a significant transaction within the meaning of + section 231(a) of the Countering Russian Influence in Europe and + Eurasia Act of 2017 (22 U.S.C. 9525(a)); and + (4) the President should implement the Countering Russian + Influence in Europe and Eurasia Act of 2017 (Public Law 115-44; 131 + Stat. 886) by imposing and applying sanctions under section 235 of + that Act (22 U.S.C. 9529) with respect to any individual or entity + determined to have engaged in such significant transaction as if + such person were a sanctioned person for purposes of such section. + (d) Authorization of Expenditure.-- + (1) In general.--The Secretary of Defense is authorized-- + (A) to fly up to 6 Turkish F-35 aircraft (tail numbers AT-1 + thru AT-6) to a storage location in the United States; and + (B) to induct these aircraft into a long-term storage + condition. + (2) Storage, plan, and disposition of aircraft and equipment.-- + The Secretary of Defense may expend up to $30,000,000 of funds + authorized to be appropriated for fiscal year 2020 for the + Department of Defense to conduct activities associated with + storage, preservation, and developing a plan for the final + disposition of such F-35 aircraft and Turkish F-35 aircraft + equipment, including full mission simulators, helmet mounted + display systems, air system maintenance trainer, and ancillary + mission equipment, as a result of efforts taken by the United + States to limit, reduce, or terminate Turkey's status as a member + of the F-35 Joint Strike Fighter cooperative program. + (3) Report required.--Not later than 90 days after the + enactment of this Act, the Secretary of Defense shall provide to + the congressional defense committees a report outlining the long- + term plan for the disposition of such assets, including options for + recovery of costs from Turkey and for unilateral use of such assets + by the Department of Defense. + (4) Notification required.--Not later than 15 days before any + expenditure of funds in an amount of $15,000,000 or more pursuant + to the authority described in paragraph (1), the Secretary shall + provide to the congressional defense committees a written + notification describing the activities to be conducted. + (e) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the congressional defense committees; and + (2) the Committee on Foreign Relations of the Senate and the + Committee on Foreign Affairs of the House of Representatives. +SEC. 1246. BALTIC DEFENSE ASSESSMENT; EXTENSION AND MODIFICATION OF +SECURITY ASSISTANCE FOR BALTIC COUNTRIES FOR JOINT PROGRAM FOR +INTEROPERABILITY AND DETERRENCE AGAINST AGGRESSION. + (a) Baltic Defense Assessment.--Not later than 1 year after the +date of the enactment of this Act, the Secretary of Defense and the +Secretary of State shall jointly conduct a comprehensive, multilateral +assessment of the military requirements of Lithuania, Latvia, and +Estonia to deter and resist aggression by Russia that-- + (1) provides an assessment of past and current initiatives to + improve the efficiency, effectiveness, readiness and + interoperability of Lithuania, Latvia, and Estonia's national + defense capabilities; and + (2) assesses the manner in which to achieve such improvements, + including future resource requirements and recommendations, by + undertaking activities in the following areas: + (A) Activities to increase the rotational and forward + presence, improve the capabilities, and enhance the posture and + response readiness of the United States or NATO forces in the + Baltic region. + (B) Activities to improve air defense systems, including + modern air-surveillance capabilities. + (C) Activities to improve counter-unmanned aerial system + capabilities. + (D) Activities to improve command and control capabilities + through increasing communications, technology, and intelligence + capacity and coordination, including secure and hardened + communications. + (E) Activities to improve intelligence, surveillance, and + reconnaissance capabilities. + (F) Activities to enhance maritime domain awareness. + (G) Activities to improve military and defense + infrastructure, logistics, and access, particularly transport + of military supplies and equipment. + (H) Investments to ammunition stocks and storage. + (I) Activities and training to enhance cyber security and + electronic warfare capabilities. + (J) Bilateral and multilateral training and exercises. + (K) New and existing cost-sharing mechanisms with United + States and NATO allies to reduce financial burden. + (b) Report.--Not later than 1 year after the date of the enactment +of this Act, the Secretary of Defense and the Secretary of State +jointly shall submit to the appropriate congressional committees a +report, which shall be submitted in unclassified form but may include a +classified annex, that includes each of the following: + (1) A report on the findings of the assessment conducted + pursuant to subsection (a). + (2) A list of any recommendations resulting from such + assessment. + (3) An assessment of the resource requirements to achieve the + objectives described in subsection (a)(1) with respect to the + national defense capability of Baltic countries, including + potential investments by host countries. + (4) A plan for the United States to use appropriate security + cooperation authorities or other authorities to-- + (A) facilitate relevant recommendations included in the + list described in paragraph (2); + (B) expand joint training between the Armed Forces and the + military of Lithuania, Latvia, or Estonia, including with the + participation of other NATO allies; and + (C) support United States foreign military sales and other + equipment transfers to Baltic countries, especially for the + activities described in subparagraphs (A) through (I) of + subsection (a)(2). + (5) A comprehensive list of authorities and funding sources + used for security cooperation with the Baltic countries, + including-- + (A) a description of the funds made available and used to + provide assistance through each authority, if any, during the + last two years; + (B) whether the authority to provide assistance pursuant to + section 1279D of the National Defense Authorization Act for + Fiscal Year 2018 (22 U.S.C. 2753 note) was used, and whether + any alternative authorities exist under which the Secretary can + provide such assistance; and + (C) a determination whether any new authorities or funds + are needed to achieve the objectives described in subsection + (a)(1). + (c) Modification of Security Assistance Authorities.--Subsection +(c) of section 1279D of the National Defense Authorization Act for +Fiscal Year 2018 (22 U.S.C. 2753 note) is amended by inserting after +paragraph (4) the following: + ``(5) Command, control, communications, computers, + intelligence, surveillance, and reconnaissance (C4ISR) + equipment.''. + (d) Funding.--Subsection (f) of such section 1279D is amended-- + (1) in paragraph (2), by striking ``$100,000,000'' and + inserting ``$125,000,000''; and + (2) by adding at the end the following new paragraph: + ``(3) Matching amount.--The amount of assistance provided under + subsection (a) for procurement described in subsection (b) may not + exceed the aggregate amount contributed to such procurement by the + Baltic nations.''. + (e) Extension.--Subsection (g) of such section 1279D is amended by +striking ``December 31, 2020'' and inserting ``December 31, 2021''. + (f) Appropriate Congressional Committees.--In this section, the +term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on Foreign + Relations, the Select Committee on Intelligence, and the Committee + on Appropriations of the Senate; and + (2) the Committee on Armed Services, the Committee on Foreign + Affairs, the Permanent Select Committee on Intelligence, and the + Committee on Appropriations of the House of Representatives. +SEC. 1247. EXTENSION OF AUTHORITY FOR AND REPORT ON TRAINING FOR +EASTERN EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL +EXERCISES. + (a) Extension.--Subsection (h) of section 1251 of the National +Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amended-- - (1) by redesignating paragraph (5) as paragraph (6); and - (2) by inserting after paragraph (4) the following new - paragraph (5): - ``(5) Command, control, communications, computers, - intelligence, surveillance, and reconnaissance (C4ISR) - equipment.''. - (b) Funding.--Subsection (f) of such section is amended-- - (1) in paragraph (2), by striking ``$100,000,000'' and - inserting ``$125,000,000''; and - (2) by adding at the end the following new paragraph: - ``(3) Matching amount.--The amount of assistance provided - under subsection (a) for procurement described in subsection - (b) may not exceed the aggregate amount contributed to such - procurement by the Baltic nations.''. - (c) Extension.--Subsection (g) of such section is amended by -striking ``December 31, 2020'' and inserting ``December 31, 2022''. - -SEC. 1239. REPORT ON NORTH ATLANTIC TREATY ORGANIZATION READINESS - INITIATIVE. + (1) in the first sentence, by striking ``December 31, 2020'' + and inserting ``December 31, 2021''; and + (2) in the second sentence, by striking ``for for the period + beginning on October 1, 2015, and ending on December 31, 2020'' and + inserting ``for the period beginning on October 1, 2015, and ending + on December 31, 2021''. + (b) Report.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense, in consultation + with the Commander of United States European Command, shall submit + to the congressional defense committees a report on the authority + for training Eastern European national security forces in the + course of multilateral exercises under the authority of such + section. + (2) Matters to be included.--The report required by paragraph + (1) shall include the following: + (A) For each recipient country, a description of-- + (i) the training provided pursuant to such authority + beginning in fiscal year 2016; and + (ii) payments of incremental expenses incurred by the + country as the direct result of such training. + (B) A description of the elements of the U.S. European + Command theater campaign plan advanced by such authority. + (C) An assessment whether the training and payment of the + incremental expenses incurred by each recipient country as the + direct result of participation in such training could be + provided pursuant to other training or security cooperation + authorities of the Department of Defense. + (D) Any recommendations of the Secretary of Defense + regarding such authority. + (E) Any other matter the Secretary of Defense considers + appropriate. +SEC. 1248. EXTENSION AND MODIFICATION OF NATO SPECIAL OPERATIONS +HEADQUARTERS. + (a) Authorization.--Subsection (a) of section 1244 of the National +Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 +Stat. 2541) is amended by striking ``2020'' and inserting ``2024''. + (b) Repeal of Certification; Limitation.--Such section is amended-- + (1) by striking subsection (c); and + (2) by inserting after subsection (b) the following new + subsection: + ``(c) Limitation.--Of the amounts made available under subsection +(a) for fiscal year 2020, not more than 90 percent of such amounts may +be obligated or expended until the Secretary of Defense, acting through +the Assistant Secretary of Defense for Special Operations and Low +Intensity Conflict, submits to the congressional defense committees a +report on the decision to realign responsibilities for overseeing and +supporting NSHQ from U.S. Special Operations Command to U.S. European +Command, including-- + ``(1) a justification and description of the impact of such + realignment; and + ``(2) a description of how such realignment will strengthen the + role of the NSHQ in fostering special operations capabilities + within NATO.''. + (c) Annual Report.--Such section, as so amended, is further amended +by adding at the end the following new subsection: + ``(d) Annual Report.--Not later than March 1 of each year until +2024, the Secretary of Defense shall submit to the congressional +defense committees and the Committee on Foreign Relations of the Senate +and the Committee on Foreign Affairs of the House of Representatives a +report regarding support for the NSHQ. Each report shall include the +following: + ``(1) The total amount of funding provided by the United States + and other NATO nations to the NSHQ for operating costs of the NSHQ. + ``(2) A description of the activities carried out with such + funding, including-- + ``(A) the amount of funding allocated for each such + activity; + ``(B) the extent to which other NATO nations participate in + each such activity; + ``(C) the extent to which each such activity is carried out + in coordination or cooperation with the Joint Special + Operations University; + ``(D) the extent to which each such activity is carried out + in relation to other security cooperation activities, + exercises, or operations of the Department of Defense; + ``(E) the extent to which each such activity is designed to + meet the purposes set forth in paragraphs (1) through (5) of + subsection (b); and + ``(F) an assessment of the extent to which each such + activity will promote the mission of the NSHQ. + ``(3) Other contributions, financial or in kind, provided by + the United States and other NATO nations in support of the NSHQ. + ``(4) Any other matters that the Secretary of Defense considers + appropriate.''. +SEC. 1249. NORTH ATLANTIC TREATY ORGANIZATION JOINT FORCE COMMAND. + (a) In General.--Subchapter II of chapter 138 of title 10, United +States Code, is amended by adding at the end the following new section: +``Sec. 2350n North Atlantic Treaty Organization Joint Force Command + ``(a) Authorization.--The Secretary of Defense shall authorize the +establishment of, and the participation by members of the armed forces +in, the North Atlantic Treaty Organization Joint Force Command (in this +section referred to as the `Joint Force Command'), to be established in +the United States. + ``(b) Use of Department of Defense Facilities and Equipment.--The +Secretary may use facilities and equipment of the Department of Defense +to support the Joint Force Command. + ``(c) Availability of Funds.--Amounts authorized to be appropriated +to the Department of Defense shall be available to carry out the +purposes of this section.''. + (b) Conforming Amendment.--The table of sections at the beginning +of subchapter II of chapter 138 of title 10, United States Code, is +amended by adding at the end the following new item: +``2350n. North Atlantic Treaty Organization Joint Force Command.''. +SEC. 1250. REPORT ON NORTH ATLANTIC TREATY ORGANIZATION READINESS +INITIATIVE. (a) Report.--Not later than October 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on the North Atlantic Treaty Organization (NATO) Readiness Initiative, which shall include assessments of the following: - (1) The number of units North Atlantic Treaty Organization - allies have pledged against the benchmark to provide an - additional 30 air attack squadrons, 30 naval combat vessels, - and 30 mechanized battalions ready to fight in not more than 30 - days. - (2) The procedure by which the North Atlantic Treaty - Organization certifies, reports, and ensures that the Supreme - Allied Commander Europe (SACEUR) maintains a detailed - understanding of the readiness of the forces described in - paragraph (1). - (3) The North Atlantic Treaty Organization plan to maintain - the readiness of such forces in future years. + (1) The number of units North Atlantic Treaty Organization + allies have pledged against the benchmark to provide an additional + 30 air attack squadrons, 30 naval combat vessels, and 30 mechanized + battalions ready to fight in not more than 30 days. + (2) The procedure by which the North Atlantic Treaty + Organization certifies, reports, and ensures that the Supreme + Allied Commander Europe (SACEUR) maintains a detailed understanding + of the readiness of the forces described in paragraph (1). + (3) The North Atlantic Treaty Organization plan to maintain the + readiness of such forces in future years. (b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. - -SEC. 1240. REPORTS ON CONTRIBUTIONS TO THE NORTH ATLANTIC TREATY - ORGANIZATION. - - (a) In General.--Beginning in 2020, and annually thereafter through -2025, not later than 30 days after the date on which the annual report -of the Secretary General of the North Atlantic Treaty Organization for -the preceding calendar year is published, the Secretary of Defense, in -consultation with the Commander of United States European Command, -shall submit to the appropriate committees of Congress a report that -includes the following: - (1) A link to an electronic version of such annual report - of the Secretary General of the North Atlantic Treaty - Organization. - (2) A summary of the key findings of such annual report. - (3) A description of the significant financial - contributions by member countries of the North Atlantic Treaty - Organization that support the presence or operations of the - United States Armed Forces in Europe. - (4) An assessment of the progress of each member country of - the North Atlantic Treaty Organization toward meeting the North - Atlantic Treaty Organization capability targets for such member - country. - (5) An assessment of North Atlantic Treaty Organization - capability and capacity shortfalls that may be addressed - through investment by North Atlantic Treaty Organization member - countries that have not met the Defense Investment Pledge made - at the 2014 summit of the North Atlantic Treaty Organization in - Wales. - (6) A description of the contribution of each member - country of the North Atlantic Treaty Organization to the NATO - Readiness Initiative. - (7) A description of-- - (A) the personnel and financial contributions of - each member country of the North Atlantic Treaty - Organization to military or stability operations in - which the United States Armed Forces are a participant; - and - (B) any limitation placed by such member country on - the use of such contributions. - (8) An assessment of the compatibility and alignment of - United States and North Atlantic Treaty Organization - contingency plans, including recommendations to reduce the risk - of executing such plans. - (9) An assessment of current North Atlantic Treaty - Organization initiatives, and any recommendations for future - reforms or initiatives, to accelerate the speed of decision and - deployability of North Atlantic Treaty Organization forces. - (b) Form.--Each report under subsection (a) shall be submitted in -unclassified form, but may include a classified annex. +SEC. 1250A. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON THE UNITED +STATES MUNITIONS LIST TO THE REPUBLIC OF CYPRUS. + (a) Sense of Congress.--It is the sense of Congress 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 to continue to + support United Nations-facilitated efforts toward a comprehensive + solution to the division of Cyprus. + (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. + + Subtitle F--Matters Relating to the Indo-Pacific Region + +SEC. 1251. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE. + (a) Types of Assistance and Training.--Subsection (c)(2)(A) of +section 1263 of the National Defense Authorization Act for Fiscal Year +2016 (10 U.S.C. 2282 note) is amended by inserting ``the law of armed +conflict, the rule of law, and'' after ``respect for''. + (b) Notice to Congress on Assistance and Training.--Subsection +(g)(1) of such section is amended-- + (1) in subparagraph (A), by inserting at the end before the + period the following: ``, the specific unit or units whose capacity + to engage in activities under a program of assistance or training + to be provided under subsection (a) will be built under the + program, and the amount, type, and purpose of the support to be + provided''; + (2) by redesignating subparagraph (F) as subparagraph (J); and + (3) by inserting after subparagraph (E) the following new + subparagraphs: + ``(F) Information, including the amount, type, and purpose, + on assistance and training provided under subsection (a) during + the three preceding fiscal years, if applicable. + ``(G) A description of the elements of the theater campaign + plan of the geographic combatant command concerned and the + interagency integrated country strategy that will be advanced + by the assistance and training provided under subsection (a). + ``(H) A description of whether assistance and training + provided under subsection (a) could be provided pursuant to-- + ``(i) section 333 of title 10, United States Code, or + other security cooperation authorities of the Department of + Defense; or + ``(ii) security cooperation authorities of the + Department of State. + ``(I) An identification of each such authority described in + subparagraph (H).''. + (c) Annual Monitoring Reports.--Such section is amended-- + (1) by redesignating subsection (h) as subsection (j); and + (2) by inserting after subsection (g) the following new + subsection: + ``(h) Annual Monitoring Reports.-- + ``(1) In general.--Not later than March 1, 2020, and annually + thereafter, the Secretary of Defense shall submit to the + appropriate committees of Congress a report setting forth, for the + preceding calendar year, the following: + ``(A) An assessment, by recipient foreign country, of-- + ``(i) the country's capabilities relating to maritime + security and maritime domain awareness; + ``(ii) the country's capability enhancement priorities, + including how such priorities relate to the theater + campaign strategy, country plan, and theater campaign plan + relating to maritime security and maritime domain + awareness; + ``(B) A discussion, by recipient foreign country, of-- + ``(i) priority capabilities that the Department of + Defense plans to enhance under the authority under + subsection (a) and priority capabilities the Department + plans to enhance under separate United States security + cooperation and security assistance authorities; and + ``(ii) the anticipated timeline for assistance and + training for each such capability. + ``(C) Information, by recipient foreign country, on the + status of funds allocated for assistance and training provided + under subsection (a), including funds allocated but not yet + obligated or expended. + ``(D) Information, by recipient foreign country, on the + delivery and use of assistance and training provided under + subsection (a). + ``(E) Information, by recipient foreign country, on the + timeliness of the provision of assistance and training under + subsection (a) as compared to the timeliness of the provision + of assistance and training previously provided to the foreign + country under subsection (a). + ``(F) A description of the reasons the Department of + Defense chose to utilize the authority for assistance and + training under subsection (a) in the preceding calendar year. + ``(G) An explanation of any impediments to timely + obligation or expenditure of funds allocated for assistance and + training under subsection (a) or any significant delay in the + delivery of such assistance and training. + ``(2) Appropriate committees of congress defined.--In this + subsection, the term `appropriate committees of Congress' has the + meaning given the term in subsection (g)(2).''. + (d) Limitation.--Such section, as so amended, is further amended by +inserting after subsection (h), as added by subsection (c)(2), the +following: + ``(i) Limitation.--The provision of assistance and training +pursuant to a program under subsection (a) shall be subject to the +provisions of section 383 of title 10, United States Code.''. +SEC. 1252. EXPANSION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE AND +LIMITATION ON USE OF FUNDS. + (a) Expansion of Recipient Countries.--Subsection (b) of section +1263 of the National Defense Authorization Act for Fiscal Year 2016 (10 +U.S.C. 333 note) is amended by adding at the end the following new +paragraphs: + ``(8) The Federated States of Micronesia. + ``(9) The Independent State of Samoa. + ``(10) The Kingdom of Tonga. + ``(11) Papua New Guinea. + ``(12) The Republic of Fiji. + ``(13) The Republic of Kiribati. + ``(14) The Republic of the Marshall Islands. + ``(15) The Republic of Nauru. + ``(16) The Republic of Palau. + ``(17) The Republic of Vanuatu. + ``(18) The Solomon Islands. + ``(19) Tuvalu.''. + (b) Limitation on Use of Funds.-- + (1) In general.--None of the funds authorized to be + appropriated for the Indo-Pacific Maritime Security Initiative + under such section may be obligated or expended to provide training + or assistance to a recipient country described in any of paragraphs + (8) through (19) of subsection (b) of such section until the date + on which the Secretary of Defense, with the concurrence of the + Secretary of State, submits to the appropriate committees of + Congress a report on security cooperation with and security + assistance to such countries. + (2) Report.--The report referred to in paragraph (1) shall + include the following: + (A) An identification of elements of the theater campaign + plan of the geographic combatant command concerned and the + interagency integrated country strategy that will be advanced + by expansion of security cooperation and assistance programs + and activities to such recipient countries. + (B) An assessment of the capabilities, and a description of + the capability enhancement priorities, of each such country. + (C) A description of the manner in which United States + security cooperation and assistance authorities, including + assistance provided pursuant to other security cooperation + authorities of the Department of Defense or security assistance + authorities of the Department of State, may be used to enhance + the priority capabilities of each such country. + (D) A description, as appropriate, of the manner in which + the Secretary of Defense, together with the Secretary of State, + shall ensure that security cooperation with and security + assistance to such countries complement regional engagement + efforts undertaken by United States allies, including the + Pacific Step-Up efforts of the Government of Australia and the + ``Pacific Reset'' efforts of the Government of New Zealand. + (E) A description of absorption capacity and sustainability + issues for each such country and a plan to resolve such issues. + (F) An identification of the estimated annual cost for such + assistance and training for fiscal years 2020 through 2025. (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. - -SEC. 1241. FUTURE YEARS PLANS FOR EUROPEAN DETERRENCE INITIATIVE. - - (a) Plan Required.-- - (1) Initial plan.-- - (A) In general.--Not later than December 31, 2019, - the Secretary of Defense, in consultation with the - Commander of the United States European Command, shall - submit to the congressional defense committees a future - years plan on activities and resources of the European - Deterrence Initiative (EDI) for fiscal year 2020 and - not fewer than the four succeeding fiscal years. - (B) Matters to be included.--The plan required - under subparagraph (A) shall include the following: - (i) A description of the objectives of the - European Deterrence Initiative, including a - description of-- - (I) the intended force structure - and posture of the assigned and - allocated forces within the area of - responsibility of the United States - European Command for the last fiscal - year of the plan; and - (II) the manner in which such force - structure and posture support the - implementation of the National Defense - Strategy. - (ii) An assessment of capabilities - requirements to achieve the objectives of the - European Deterrence Initiative. - (iii) An assessment of logistics - requirements, including personnel, equipment, - supplies, storage, and maintenance needs, to - achieve the objectives of the European - Deterrence Initiative. - (iv) An identification of required - infrastructure and military construction - investments to achieve the objectives of the - European Deterrence Initiative, including - potential infrastructure investments by host - nations. - (v) An assessment of security cooperation - investments required to achieve the objectives - of the European Deterrence Initiative. - (vi) A plan to fully resource United States - force posture and capabilities, including-- - (I) a detailed assessment of the - resources necessary to address the - requirements described in clauses (i) - through (v), including specific cost - estimates for each project in the - European Deterrence Initiative to - support increased presence, exercises - and training, enhanced prepositioning, - improved infrastructure, and building - partnership capacity; and - (II) a detailed timeline to achieve - the intended force structure and - posture described in clause (i)(I). - (2) Subsequent plan.-- - (A) In general.--Not later than the date on which - the Secretary submits to Congress the budget request - for the Department of Defense for fiscal year 2021, the - Secretary, in consultation with the Commander of the - United States European Command, shall submit to the - congressional defense committees a future years plan on - activities and resources of the European Deterrence - Initiative for fiscal year 2021 and not fewer than the - four succeeding fiscal years. - (B) Matters to be included.--The plan required - under subparagraph (A) shall include-- - (i) the matters described in subparagraph - (B) of paragraph (1); and - (ii) a detailed explanation of any - significant modifications in requirements or - resources, as compared to the plan submitted - under that paragraph. - (b) Form.--The plans required under subsection (a) shall be -submitted in unclassified form, but may include a classified annex. - -SEC. 1242. MODIFICATION OF REPORTING REQUIREMENTS RELATING TO THE OPEN - SKIES TREATY. - - (a) Plan for Implementation Flights.--Section 1235(a) of the -National Defense Authorization Act for Fiscal Year 2018 (Public Law -115-91; 131 Stat. 1660) is amended-- - (1) in paragraph (1)-- - (A) by striking ``the President'' and inserting - ``the Secretary of Defense''; and - (B) by striking ``with respect to such fiscal - year'' and inserting ``with respect to the calendar - year in which the flight is to be conducted''; - (2) in paragraph (2), by striking ``during such fiscal - year'' and inserting ``during such calendar year''; and - (3) in paragraph (3), by striking ``with respect to a - fiscal year'' and inserting ``with respect to a calendar - year''. - (b) Quarterly Reports on Observation Flights by the Russian -Federation.-- - (1) In general.--Paragraph (1) of subsection (c) of section - 1236 of the National Defense Authorization Act for Fiscal Year - 2017 (Public Law 114-328; 130 Stat. 2491) is amended by - striking ``on a quarterly basis'' and inserting ``on an annual - basis''. - (2) Conforming amendment.--Such subsection is further - amended, in the subsection heading, by striking ``Quarterly'' - and inserting ``Annual''. - -SEC. 1243. REPORT ON NUCLEAR WEAPONS OF THE RUSSIAN FEDERATION AND - NUCLEAR MODERNIZATION OF THE PEOPLE'S REPUBLIC OF CHINA. - - (a) In General.--Not later than February 15, 2020, the Secretary of -Defense, in coordination with the Director of National Intelligence and -the Secretary of State, shall submit to the appropriate committees of -Congress a report that includes the following: - (1) An assessment of the deployed nuclear weapons of the - Russian Federation not covered by the New START Treaty. - (2) An assessment of the nuclear weapons of the Russian - Federation in development that would not be covered by the New - START Treaty. - (3) An assessment of the strategic nuclear weapons of the - Russian Federation that are not deployed. - (4) An assessment of the efforts of the People's Republic - of China with respect to nuclear modernization. - (5) The implications of such assessments with respect to - the limitations on strategic weapons of the United States and - the Russian Federation under the New START Treaty. - (b) Form.--The report under subsection (a) shall be submitted in -unclassified form, but may include a classified annex. - (c) Definitions.--In this section: - (1) Appropriate committees of congress.--The term - ``appropriate committees of Congress'' means-- - (A) the Committee on Armed Services, the Select - Committee on Intelligence, and the Committee on Foreign - Relations of the Senate; and - (B) the Committee on Armed Services, the Permanent - Select Committee on Intelligence, and the Committee on - Foreign Affairs 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 on April 8, 2010, and - entered into force on February 5, 2011. - -SEC. 1244. SENSE OF SENATE ON THE 70TH ANNIVERSARY OF THE NORTH - ATLANTIC TREATY ORGANIZATION. - - Commemorating the 70th anniversary of the North Atlantic Treaty -Organization (NATO), the Senate-- - (1) recognizes the North Atlantic Treaty Organization as - the most successful military alliance in history, founded on - the principles of democracy, individual liberty, and the rule - of law; - (2) commends the singular contributions of the North - Atlantic Treaty Organization to the security, prosperity, and - freedom of its members; - (3) upholds membership in the North Atlantic Treaty - Organization as a cornerstone of the security and national - defense of the United States; - (4) affirms the ironclad commitment of the United States to - uphold its obligations under the North Atlantic Treaty, - including under Article 5 of such treaty; - (5) honors the contributions of North Atlantic Treaty - Organization allies to the security of the United States, - including the invocation of Article 5 of the North Atlantic - Treaty after the September 11, 2001, terrorist attacks against - the United States; - (6) urges North Atlantic Treaty Organization allies to - uphold their obligations under Article 3 of the North Atlantic - Treaty to ``maintain and develop their individual and - collective capacity to resist armed attack'' by honoring the - Defense Investment Pledge made at the Wales Summit in 2014; - (7) notes the commitment of North Atlantic Treaty - Organization allies to contribute to strengthening their free - institutions, bringing about a better understanding of the - principles on which such institutions are founded and promoting - conditions of stability and well-being; and - (8) welcomes efforts to reform and modernize the North - Atlantic Treaty Organization to meet current and future - threats, including though accelerated modernization, improved - readiness, command structure adaptation, and increased speed of - alliance decision-making. - -SEC. 1245. SENSE OF SENATE ON UNITED STATES FORCE POSTURE IN EUROPE AND - THE REPUBLIC OF POLAND. - - It is the sense of the Senate that-- - (1) the 2018 National Defense Strategy identifies long-term - strategic competition with the Russian Federation as a - principal priority for the Department of Defense that requires - increased and sustained investment; - (2) despite significant progress through the European - Deterrence Initiative, the current force posture of the United - States is not yet sufficient to support the National Defense - Strategy; - (3) due to the geostrategic location and capabilities of - the armed forces of the Republic of Poland, the Republic of - Poland is critical to deterring, defending against, and - defeating Russian aggression against North Atlantic Treaty - Organization allies in Central and Eastern Europe; and - (4) the United States should increase the persistent - presence of United States forces in the Republic of Poland, - including key combat enabler units such as warfighting - headquarters elements-- - (A) to enhance deterrence against Russian - aggression; and - (B) to reduce the risk of executing Department of - Defense contingency plans. - -SEC. 1246. SENSE OF SENATE ON UNITED STATES PARTNERSHIP WITH THE - REPUBLIC OF GEORGIA. - - It is the sense of the Senate that the United States should-- - (1) promote the enduring strategic partnership of the - United States with the Republic of Georgia; - (2) support robust security sector assistance for the - Republic of Georgia, including defensive lethal assistance-- - (A) to strengthen the defense capabilities and - readiness of the Republic of Georgia; - (B) to improve interoperability with North Atlantic - Treaty Organization (NATO) forces; and - (C) to bolster deterrence against aggression by the - Russian Federation; - (3) enhance security in the Black Sea region by increasing - engagement and security cooperation with Black Sea countries, - including by increasing the frequency, scale, and scope of - North Atlantic Treaty Organization and other multilateral - exercises in the Black Sea region with the participation of the - Republic of Georgia and Ukraine; and - (4) affirm support for the North Atlantic Treaty - Organization open door policy, including the eventual - membership of the Republic of Georgia in the North Atlantic - Treaty Organization. - - Subtitle E--Matters Relating to the Indo-Pacific Region - -SEC. 1251. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF - MEMBERS OF THE ARMED FORCES IN THE TERRITORY OF THE - REPUBLIC OF KOREA. - - None of the funds authorized to be appropriated by this Act may be -used to reduce the total number of members of the Armed Forces in the -territory of the Republic of Korea below 28,500 until 90 days after the -date on which the Secretary of Defense certifies to the congressional -defense committees the following: - (1) Such a reduction is in the national security interest - of the United States and will not significantly undermine the - security of United States allies in the region. - (2) Such a reduction is commensurate with a reduction in - the threat posed to the security of the United States and its - allies in the region by the conventional military forces of the - Democratic People's Republic of Korea. - (3) The Secretary has appropriately consulted with allies - of the United States, including the Republic of Korea and - Japan, regarding such a reduction. - -SEC. 1252. EXPANSION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE. - - Section 1263(b) of the National Defense Authorization Act for -Fiscal Year 2016 (10 U.S.C. 333 note) is amended by adding at the end -the following new paragraphs: - ``(8) The Federated States of Micronesia. - ``(9) The Kingdom of Tonga. - ``(10) Papua New Guinea. - ``(11) The Republic of Fiji. - ``(12) The Republic of the Marshall Islands. - ``(13) The Republic of Palau. - ``(14) The Republic of Vanuatu. - ``(15) The Solomon Islands.''. - -SEC. 1253. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY - DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA. - - Paragraph (26) of section 1202(b) of the National Defense -Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended -to read as follows: - ``(26) The relationship between Chinese overseas - investment, including the Belt and Road Initiative and the - Digital Silk Road, and Chinese security and military strategy - objectives, including-- - ``(A) an assessment of Chinese investments or - projects likely, or with significant potential, to be - converted into military assets of the People's Republic - of China; - ``(B) an assessment of Chinese investments or - projects of greatest concern with respect to United - States national security interests; - ``(C) a description of any Chinese investment or - project linked to military cooperation with the country - in which the investment or project is located, such as - cooperation on satellite navigation or arms production; - and - ``(D) an assessment of any Chinese investment or - project, and any associated agreement, that-- - ``(i) presents significant financial risk - for the country in which the investment or - project is located; or - ``(ii) may undermine the sovereignty of - such country.''. - -SEC. 1254. REPORT ON RESOURCING UNITED STATES DEFENSE REQUIREMENTS FOR - THE INDO-PACIFIC REGION. - + (1) the congressional defense committees; + (2) the Committee on Foreign Relations and the Subcommittee on + State, Foreign Operations, and Related Programs of the Committee on + Appropriations of the Senate; and + (3) the Committee on Foreign Affairs and the Subcommittee on + State, Foreign Operations, and Related Programs of the Committee on + Appropriations of the House of Representatives. +SEC. 1253. REPORT ON RESOURCING UNITED STATES DEFENSE REQUIREMENTS FOR +THE INDO-PACIFIC REGION AND STUDY ON COMPETITIVE STRATEGIES. (a) Report Required.-- - (1) In general.--Not later than January 31, 2020, the - Commander of United States Indo-Pacific Command shall submit to - the congressional defense committees a report containing the - independent assessment of the Commander with respect to the - activities and resources required, for fiscal years 2022 - through 2026, to achieve the following objectives: - (A) The implementation of the National Defense - Strategy with respect to the Indo-Pacific region. - (B) The maintenance or restoration of the - comparative military advantage of the United States - with respect to the People's Republic of China. - (C) The reduction of the risk of executing - contingency plans of the Department of Defense. - (2) Matters to be included.--The report required under - paragraph (1) shall include the following: - (A) A description of the intended force structure - and posture of assigned and allocated forces within the - area of responsibility of United States Indo-Pacific - Command for fiscal year 2026 to achieve the objectives - described in paragraph (1). - (B) An assessment of capabilities requirements to - achieve such objectives. - (C) An assessment of logistics requirements, - including personnel, equipment, supplies, storage, and - maintenance needs to achieve such objectives. - (D) An identification of required infrastructure - and military construction investments to achieve such - objectives. - (E) An assessment of security cooperation - activities or resources required to achieve such - objectives. - (F) A plan to fully resource United States force - posture and capabilities, including-- - (i) a detailed assessment of the resources - necessary to address the elements described in - subparagraphs (A) through (E), including - specific cost estimates for priority - investments or projects-- - (I) to increase joint force - lethality; - (II) to enhance force design and - posture; - (III) to support a robust exercise, - experimentation, and innovation - program; and - (IV) to strengthen cooperation with - allies and partners; and - (ii) a detailed timeline to achieve the - intended force structure and posture described - in subparagraph (A). - (3) Form.--The report required under paragraph (1) may be - submitted in classified form, but shall include an unclassified - summary. - (4) Availability.--On submittal of the report to the - congressional defense committees, the Commander of United - States Indo-Pacific Command shall make the report available to - the Secretary of Defense, the Director of Cost Assessment and - Program Evaluation, the Chairman of the Joint Chiefs of Staff, - the Secretaries of the military departments, and the chiefs of - staff of each military service. + (1) In general.--Not later than March 15, 2020, the Commander + of United States Indo-Pacific Command shall submit to the + congressional defense committees a report containing the + independent assessment of the Commander with respect to the + activities and resources required, for fiscal years 2022 through + 2026, to achieve the following objectives: + (A) The implementation of the National Defense Strategy + with respect to the Indo-Pacific region. + (B) The maintenance or restoration of the comparative + military advantage of the United States with respect to the + People's Republic of China. + (C) The reduction of the risk of executing contingency + plans of the Department of Defense. + (2) Matters to be included.--The report required under + paragraph (1) shall include the following: + (A) A description of the intended force structure and + posture of assigned and allocated forces within the area of + responsibility of United States Indo-Pacific Command for fiscal + year 2026 to achieve the objectives described in paragraph (1). + (B) An assessment of capabilities requirements to achieve + such objectives. + (C) An assessment of logistics requirements, including + personnel, equipment, supplies, storage, and maintenance needs + to achieve such objectives. + (D) An identification of required infrastructure and + military construction investments to achieve such objectives. + (E) An assessment of security cooperation activities or + resources required to achieve such objectives. + (F)(i) A plan to fully resource United States force posture + and capabilities, including-- + (I) a detailed assessment of the resources necessary to + address the elements described in subparagraphs (A) through + (E), including specific cost estimates for recommended + investments or projects-- + + (aa) to increase joint force lethality; + (bb) to enhance force design and posture; + (cc) to support a robust exercise, experimentation, + and innovation program; and + (dd) to strengthen cooperation with allies and + partners; and + + (II) a detailed timeline to achieve the intended force + structure and posture described in subparagraph (A). + (ii) The specific cost estimates required by clause (i)(I) + shall, to the maximum extent practicable, include the + following: + (I) With respect to procurement accounts-- + + (aa) amounts displayed by account, budget activity, + line number, line item, and line item title; and + (bb) a description of the requirements for each + such amount. + + (II) With respect to research, development, test, and + evaluation accounts-- + + (aa) amounts displayed by account, budget activity, + line number, program element, and program element + title; and + (bb) a description of the requirements for each + such amount. + + (III) With respect to operation and maintenance + accounts-- + + (aa) amounts displayed by account title, budget + activity title, line number, and subactivity group + title; and + (bb) a description of the specific manner in which + each such amount would be used. + + (IV) With respect to military personnel accounts-- + + (aa) amounts displayed by account, budget activity, + budget subactivity, and budget subactivity title; and + (bb) a description of the requirements for each + such amount. + + (V) With respect to each project under military + construction accounts (including unspecified minor military + construction and amounts for planning and design), the + country, location, project title, and project amount for + each fiscal year. + (VI) With respect to any expenditure or proposed + appropriation not described in subclause (I) through (V), a + level of detail equivalent or greater than the level of + detail provided in the future-years defense program + submitted pursuant to section 221(a) of title 10, United + States Code. + (3) Form.--The report required under paragraph (1) may be + submitted in classified form, but shall include an unclassified + summary. + (4) Availability.--Not later than March 15, 2020, the Commander + of United States Indo-Pacific Command shall make the report + available to the Secretary of Defense, the Under Secretary of + Defense for Policy, the Under Secretary of Defense (Comptroller), + the Director of Cost Assessment and Program Evaluation, the + Chairman of the Joint Chiefs of Staff, the Secretaries of the + military departments, and the chiefs of staff of each military + service. (b) Briefings Required.-- - (1) Initial briefing.--Not later than March 15, 2020, the - Secretary of Defense, the Director of Cost Assessment and - Program Evaluation, and the Chairman of the Joint Chiefs of - Staff shall provide to the congressional defense committees a - joint briefing, and documents as appropriate, with respect to - their assessments of the report submitted under subsection (a), - including their assessments of the feasibility and advisability - of the plan required by paragraph (2)(F) of that subsection. - (2) Subsequent briefing.--Not later than March 31, 2020, - the Secretary of the Air Force, the Secretary of the Army, and - the Secretary of the Navy shall provide to the congressional - defense committees a joint briefing, and documents as - appropriate, with respect to their assessments of the report - submitted under subsection (a), including their assessments of - the feasibility and advisability of the plan required by - paragraph (2)(F) of that subsection. - -SEC. 1255. REPORT ON DISTRIBUTED LAY-DOWN OF UNITED STATES FORCES IN - THE INDO-PACIFIC REGION. - - (a) Review.--Acknowledging the pressing need to reduce the presence -of the United States Marine Corps on Okinawa, Japan, and to accelerate -adjustments to United States force posture in the Indo-Pacific region, -the Secretary of Defense, in consultation with the Government of Japan -and other foreign governments as necessary, shall conduct a review of -the planned distribution of members of the United States Armed Forces -in Okinawa, Guam, Hawaii, Australia, and elsewhere that is contemplated -in support of the joint statement of the United States-Japan Security -Consultative Committee issued April 26, 2012, in the District of -Columbia (April 27, 2012, in Tokyo, Japan) and revised on October 3, -2013, in Tokyo, hereafter referred to as the ``distributed lay-down''. - (b) Elements.--The review required by subsection (a) shall include -an updated analysis of the distributed lay-down, including-- - (1) an assessment of the impact of the distributed lay-down - on the ability of the Armed Forces to respond to current and - future contingencies in the area of responsibility of United - States Indo-Pacific Command that reflects contingency plans of - the Department of the Defense; - (2) the projected total cost, including any past or - projected changes in cost; - (3) a description of the adequacy of current and expected - training resources at each location associated with the - distributed lay-down, including the ability to train against - the full spectrum of threats from near-peer or peer threats any - projected limitations due to political, environmental, or other - limiting factors; - (4) an assessment of political support for United States - force presence from host countries and local communities and - populations; - (5) an analysis of growth potential for increased force - size or training; and - (6) an updated and detailed description of any military - construction projects required to execute the distributed lay- - down. - (c) Certification.--Not later than 15 days after the completion of -the review required by subsection (a), the Secretary of Defense shall -submit to the congressional defense committees-- - (1) a certification that the Department of Defense will - continue implementation of the distributed lay-down; or - (2) a notification that the Department of Defense intends - to seek revisions to the distributed lay-down in consultation - with the Government of Japan. - (d) Report.--Not later than 120 days after the completion of the -review required by subsection (a), the Secretary of Defense shall -provide the congressional defense committees a report on the results of -the review, including-- - (1) a detailed description of any recommendations for - revisions to the distributed lay-down such as alternative - locations for basing in Alaska, Hawaii, the continental United - States, Japan, and Oceania; and - (2) an assessment of the results of the review and - recommendations described in paragraph (1) by the Chairman of - the Joint Chiefs of Staff. - (e) Comptroller General Report.--Not later than 120 days after the -submission of the report required by subsection (d), the Comptroller -General of the United States shall submit to the congressional defense -committees a report containing an analysis of the current status of the -distributed lay-down, the review described in subsection (a), and the -report described in subsection (d). - -SEC. 1256. SENSE OF SENATE ON THE UNITED STATES-JAPAN ALLIANCE AND - DEFENSE COOPERATION. - - It is the sense of the Senate that-- - (1) the United States-Japan alliance remains the - cornerstone of peace and security for a free and open Indo- - Pacific region; - (2) although the United States Government does not take a - position on sovereignty of the Senkaku Islands, the United - States acknowledges that the islands are under the - administration of Japan and opposes any unilateral actions that - would seek to undermine their administration by Japan; - (3) the unilateral actions of a third party will not affect - United States acknowledgment of the administration of Japan - over the Senkaku Islands, and the United States remains - committed under the Treaty of Mutual Cooperation and Security - with Japan to respond to any armed attack in the territories - under the administration of Japan; - (4) Japan continues to make contributions to regional - security and prosperity that make the United States safer and - more prosperous; - (5) the Government of Japan has played a critical - leadership role in promoting a free and open Indo-Pacific, - which is a primary objective of United States national security - policy, including through its efforts concerning trade, - investment, energy, rule of law, and good governance; - (6) the Government of Japan has been instrumental improving - cooperation between the United States, Japan, Australia, and - India as well as improving relations with countries in the - Association of Southeast Asian Nations; - (7) the Government of Japan has been a strong supporter of - United States efforts to achieve the complete and verifiable - denuclearization of North Korea, and has played a leading role - in enforcing United Nations Security Council Resolution - sanctions against North Korea; - (8) the Government of Japan has taken significant steps to - enhance military capabilities for its own defense while - increasing its contributions to collective security, including - through passage of legislation concerning collective self- - defense, the publication of the National Defense Program - Guidelines and the Mid-Term Defense Program, and record - investments in advanced defense capabilities in the maritime, - air, space, and cyber domains; - (9) while it should continue to increase its defense - spending in order to make a greater contribution to allied - defense capabilities, the Government of Japan has made among - the most significant ``burden sharing'' contributions of any - United States ally, including through direct cost sharing, - paying for the realignment of United States forces currently - stationed in Okinawa, community support, and other alliance- - related expenditures; - (10) upcoming negotiations concerning a new Special - Measures Agreement between the United States and Japan should - be conducted in a spirit consistent with prior negotiations on - the basis of common interest and mutual respect; and - (11) the United States and Japan should take actions to - enhance United States-Japan defense cooperation, including - through increased use of combined bases for allied operations, - further integration of allied command structures, consideration - of the establishment of a combined joint task force, enhanced - combined contingency planning for both conventional conflict - and so-called ``gray zone'' incidents, and opportunities for - co-development of defense equipment and technology cooperation. - -SEC. 1257. SENSE OF SENATE ON ENHANCEMENT OF THE UNITED STATES-TAIWAN - DEFENSE RELATIONSHIP. - - It is the sense of the Senate that-- - (1) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and - the ``Six Assurances'' are both cornerstones of United States - relations with Taiwan; - (2) the United States should strengthen defense and - security cooperation with Taiwan to support the development of - capable, ready, and modern defense forces necessary for Taiwan - to maintain a sufficient self-defense capability; - (3) the United States should strongly support the - acquisition by Taiwan of defense articles and services through - foreign military sales, direct commercial sales, and industrial - cooperation, with an emphasis on anti-ship, coastal defense, - anti-armor, air defense, undersea warfare, advanced command, - control, communications, computer, intelligence, surveillance, - and reconnaissance (C4ISR), and resilient command and control - capabilities that support the asymmetric defense strategy of - Taiwan; - (4) the President and Congress should determine the nature - and quantity of such defense articles and services based solely - upon their judgment of the needs of Taiwan as required by the - Taiwan Relations Act; - (5) the United States should continue efforts to improve - the predictability of United States arms sales to Taiwan by - ensuring timely review of and response to requests of Taiwan - for defense articles and services; - (6) the Secretary of Defense should promote policies - concerning exchanges that enhance the security of Taiwan - including-- - (A) opportunities with Taiwan for practical - training and military exercises that-- - (i) enable Taiwan to maintain a sufficient - self-defense capability, as described in - section 3(a) of the Taiwan Relations Act (22 - U.S.C. 3302(a)); and - (ii) emphasize capabilities consistent with - the asymmetric defense strategy of Taiwan; - (B) exchanges between senior defense officials and - general officers of the United States and Taiwan, - consistent with the Taiwan Travel Act (Public Law 115- - 135), especially for the purpose of enhancing - cooperation on defense planning and improving the - interoperability of United States and Taiwan forces; - and - (C) opportunities for exchanges between junior - officers and senior enlisted personnel of the United - States and Taiwan; - (7) the United States and Taiwan should expand cooperation - in humanitarian assistance and disaster relief; - (8) the Secretary of Defense should consider supporting the - visit of a United States hospital ship to Taiwan as part of the - annual ``Pacific Partnership'' mission, as well as the - participation of Taiwan medical vessels in appropriate - exercises with the United States, in order to improve disaster - response planning and preparedness; and - (9) the Secretary of Defense should continue regular - transits of United States Navy vessels through the Taiwan - Strait, commend the armed forces of France for their April 6, - 2019, legal transit of the Taiwan Strait, and encourage allies - and partners to follow suit in conducting such transits, in - order to demonstrate the commitment of the United States and - its allies and partners to fly, sail, and operate anywhere - international law allows. - -SEC. 1258. SENSE OF SENATE ON UNITED STATES-INDIA DEFENSE RELATIONSHIP. - - It is the sense of the Senate that the United States should -strengthen and enhance its major defense partnership with India and -work toward the following mutual security objectives: - (1) Expanding engagement in multilateral frameworks, - including the quadrilateral dialogue among the United States, - India, Japan, and Australia, to promote regional security and - defend shared values and common interests in the rules-based - order. - (2) Increasing the frequency and scope of exchanges between - senior civilian officials and military officers of the United - States and India to support the development and implementation - of the major defense partnership. - (3) Exploring additional steps to implement the major - defense partner designation to better facilitate - interoperability, information sharing, and appropriate - technology transfers. - (4) Pursuing strategic initiatives to help develop the - defense capabilities of India. - (5) Conducting additional combined exercises with India in - the Persian Gulf, Indian Ocean, and western Pacific regions. - (6) Furthering cooperative efforts to promote stability and - security in Afghanistan. - -SEC. 1259. SENSE OF SENATE ON SECURITY COMMITMENTS TO THE GOVERNMENTS - OF JAPAN AND THE REPUBLIC OF KOREA AND TRILATERAL - COOPERATION AMONG THE UNITED STATES, JAPAN, AND THE - REPUBLIC OF KOREA. - - It is the sense of the Senate that-- - (1) the United States remains committed to its alliances - with Japan and the Republic of Korea, which are-- - (A) the cornerstones of peace and stability in the - Indo-Pacific region; and - (B) based on the shared values of democracy, the - rule of law, free and open markets, and respect for - human rights; - (2) cooperation among the United States, Japan, and the - Republic of Korea is essential for confronting global - challenges, including-- - (A) preventing the proliferation of weapons of mass - destruction; - (B) combating piracy; - (C) assisting victims of conflict and disaster - worldwide; - (D) protecting maritime security; and - (E) ensuring freedom of navigation, commerce, and - overflight in the Indo-Pacific region; - (3) the United States, Japan, and the Republic of Korea - share deep concern that the nuclear and ballistic missile - programs, the conventional military capabilities, and the - chemical and biological weapons programs of the Democratic - People's Republic of Korea, together with the long history of - aggression and provocation by the Democratic People's Republic - of Korea, pose grave threats to peace and stability on the - Korean Peninsula and in the Indo-Pacific region; - (4) the United States welcomes greater security cooperation - with and between Japan and the Republic of Korea to promote - mutual interests and address shared concerns, including-- - (A) the bilateral military intelligence-sharing - pact between Japan and the Republic of Korea, signed on - November 23, 2016; and - (B) the trilateral intelligence sharing agreement - among the United States, Japan, and the Republic of - Korea, signed on December 29, 2015; and - (5) recognizing that the security of the United States, - Japan, and the Republic of Korea are intertwined because they - face common threats, including from the Democratic People's - Republic of Korea, the United States welcomes and encourages - deeper trilateral defense coordination and cooperation, + (1) Initial briefing.--Not later than April 15, 2020, the + Secretary of Defense (acting through the Under Secretary of Defense + for Policy, the Under Secretary of Defense (Comptroller), and the + Director of Cost Assessment and Program Evaluation) and the + Chairman of the Joint Chiefs of Staff shall provide to the + congressional defense committees a joint briefing, and any written + comments the Secretary of Defense and the Chairman of the Joint + Chiefs of Staff consider necessary, with respect to their + assessments of the report submitted under subsection (a), including + their assessments of the feasibility and advisability of the plan + required by paragraph (2)(F) of that subsection. + (2) Subsequent briefing.--Not later than April 30, 2020, the + Secretary of the Air Force, the Secretary of the Army, and the + Secretary of the Navy shall provide to the congressional defense + committees a joint briefing, and documents as appropriate, with + respect to their assessments of the report submitted under + subsection (a), including their assessments of the feasibility and + advisability of the plan required by paragraph (2)(F) of that + subsection. + (c) Study on Competitive Strategies With Respect to the People's +Republic of China.-- + (1) In general.--The Secretary of Defense, acting through the + Director of the Office of Net Assessment, shall conduct a study on + not fewer than three possible long-term competitive strategies with + respect to the People's Republic of China that focuses on the + identification of opportunities to shape strategic competition to + the advantage of the United States. + (2) Report.--Not later than one year after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + congressional defense committees the results of the study required + under paragraph (1). +SEC. 1254. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF +MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO ARE DEPLOYED TO +SOUTH KOREA. + None of the funds authorized to be appropriated by this Act may be +used to reduce the total number of members of the Armed Forces serving +on active duty who are deployed to South Korea below 28,500 until 90 +days after the date on which the Secretary of Defense certifies to the +congressional defense committees the following: + (1) Such a reduction is in the national security interest of + the United States and will not significantly undermine the security + of United States allies in the region. + (2) The Secretary has appropriately consulted with allies of + the United States, including South Korea and Japan, regarding such + a reduction. +SEC. 1255. REPORT ON DIRECT, INDIRECT, AND BURDEN-SHARING CONTRIBUTIONS +OF JAPAN AND SOUTH KOREA. + (a) In General.--Not later than the date agreed to in accordance +with subsection (e)(2), the Comptroller General of the United States +shall submit to the appropriate congressional committees a report on +the direct, indirect, and burden-sharing contributions of Japan and +South Korea to support overseas military installations of the United +States and United States Armed Forces deployed to or permanently +stationed in Japan and South Korea, respectively. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) The benefits to United States national security and + regional security derived from the forward presence of the Armed + Forces in the Indo-Pacific region, including Japan and South Korea. + (2) For calendar year 2016 and each subsequent calendar year, + the overall cost for the presence of the Armed Forces in Japan and + South Korea and the breakdown of such costs between the United + States and the respective host nations. + (3) For calendar year 2016 and each subsequent calendar year, a + description of the one-time and recurring costs associated with the + presence of the Armed Forces in Japan and South Korea, including-- + (A) costs to relocate the Armed Forces within Japan and + South Korea and to realign the Armed Forces from Japan and + South Korea; + (B) military personnel costs; + (C) operation and maintenance costs; and + (D) military construction costs. + (4) A description of direct, indirect, and burden-sharing + contributions of Japan and South Korea, including-- + (A) contributions for labor costs associated with the + presence of the Armed Forces; + (B) contributions to military construction projects of the + Department of Defense, including planning, design, + environmental reviews, construction, construction management + costs, rents on privately-owned land, facilities, labor, + utilities, and vicinity improvements; + (C) contributions such as loan guarantees on public-private + venture housing and payment-in-kind for facilities returned to + Japan and South Korea; + (D) contributions accepted for labor, logistics, utilities, + facilities, and any other purpose; and + (E) other contributions, such as Camp Humphreys and the + Futenma Replacement Facility, as determined appropriate by the + Comptroller General. + (5) The methodology and accounting procedures used to measure + and track direct, indirect, and burden-sharing contributions made + by Japan and South Korea. + (c) Description of Contributions in United States Dollars.--The +report required by subsection (a) shall describe the direct, indirect, +and burden-sharing contributions of Japan and South Korea in United +States dollars and shall specify the exchange rates used to determine +the United States dollar value of such contributions. + (d) Form.--The report required by subsection (a) shall be submitted +in unclassified form without any designation relating to dissemination +control, but may contain a classified annex. + (e) Briefing.--Not later than March 2, 2020, the Comptroller +General shall provide to the appropriate congressional committees an +interim briefing-- + (1) on the status of the report and initial findings; and + (2) to agree on the date on which to submit the report required + by subsection (a). + (f) Support From the Department of Defense.--The Secretary of +Defense shall provide the Comptroller General with timely access to the +appropriate information, data, and analyses necessary to fulfill the +requirement under subsection (a) in a timely, thorough, and independent +manner. + (g) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; and + (2) the Committee on Foreign Relations of the Senate and the + Committee on Foreign Affairs of the House of Representatives. +SEC. 1256. SENSE OF CONGRESS ON SECURITY COMMITMENTS TO THE GOVERNMENTS +OF JAPAN AND THE REPUBLIC OF KOREA AND TRILATERAL COOPERATION AMONG THE +UNITED STATES, JAPAN, AND THE REPUBLIC OF KOREA. + It is the sense of Congress that-- + (1) the United States remains committed to its alliances with + Japan and the Republic of Korea, which are-- + (A) essential to the peace and stability in the Indo- + Pacific region; and + (B) based on the shared values of democracy, the rule of + law, free and open markets, and respect for human rights; + (2) cooperation among the United States, Japan, and the + Republic of Korea is essential for confronting regional and global + challenges, including-- + (A) preventing the proliferation of weapons of mass + destruction; + (B) combating piracy; + (C) assisting victims of conflict and disaster worldwide; + (D) protecting maritime security; and + (E) ensuring freedom of navigation, commerce, and + overflight in the Indo-Pacific region; + (3) the United States, Japan, and the Republic of Korea share + deep concern that the nuclear and ballistic missile programs, the + conventional military capabilities, and the chemical and biological + weapons programs of the Democratic People's Republic of Korea, + together with the long history of aggression and provocation by the + Democratic People's Republic of Korea, pose grave threats to peace + and stability on the Korean Peninsula and in the Indo-Pacific + region; + (4) the United States views security cooperation between Japan + and the Republic of Korea as essential to maintaining peace and + stability in the Indo-Pacific region, promoting mutual interests, + and addressing shared concerns; + (5) the bilateral military intelligence-sharing pact between + Japan and the Republic of Korea, signed on November 23, 2016, and + the trilateral intelligence sharing agreement among the United + States, Japan, and the Republic of Korea, signed on December 29, + 2015, are critical to security in the Indo-Pacific region and + should be maintained; and + (6) recognizing that the security of the United States, Japan, + and the Republic of Korea are intertwined by common threats, + including from the Democratic People's Republic of Korea, the + United States strongly encourages-- + (A) strengthened bilateral security ties between Japan and + the Republic of Korea; and + (B) deeper trilateral defense coordination and cooperation, including through expanded exercises, training, senior-level exchanges, and information sharing. - -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; and - (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. - -SEC. 1261. SENSE OF SENATE ON ENHANCING DEFENSE AND SECURITY - COOPERATION WITH THE REPUBLIC OF SINGAPORE. - - It is the sense of the Senate that-- - (1) the United States and the Republic of Singapore have - built a strong, enduring, and forward-looking strategic - partnership based on long-standing and mutually beneficial - cooperation, including through security, defense, economic, and - people-to-people ties; - (2) robust security cooperation between the United States - and the Republic of Singapore is crucial to promoting peace and - stability in the Indo-Pacific region; - (3) the status of the Republic of Singapore as a major - security cooperation partner of the United States, as - recognized in the 2005 Strategic Framework Agreement between - the United States and the Republic of Singapore for a Closer - Partnership in Defense and Security, plays an important role in - the global network of strategic partnerships, especially in - promoting maritime security and countering terrorism; - (4) the United States highly values the Republic of - Singapore's provision of access to its military facilities, - which supports the continued security presence of the United - States in Southeast Asia and across the Indo-Pacific region; - (5) the United States should continue to welcome the - presence of the Singapore Armed Forces in the United States for - exercises and training, and should consider opportunities to - expand such activities at additional locations in the United - States, as appropriate; and - (6) as the United States and the Republic of Singapore - negotiate the renewal of the 1990 Memorandum of Understanding - Regarding the United States Use of Facilities in Singapore, the - United States should-- - (A) continue to enhance defense and security - cooperation with the Republic of Singapore to promote - peace and stability in the Indo-Pacific region based on - common interests and shared values; - (B) reinforce the status of the Republic of - Singapore as a major security cooperation partner of - the United States; - (C) enhance defense cooperation in the military, - policy, strategic, and technological spheres, - especially concerning maritime security and - counterterrorism, counterpiracy, humanitarian - assistance and disaster relief, cybersecurity, and - biosecurity; and - (D) explore additional steps to better facilitate - military interoperability and information sharing - through appropriate technology transfers. - - Subtitle F--Reports - -SEC. 1271. REPORT ON COST IMPOSITION STRATEGY. - +SEC. 1257. SENSE OF CONGRESS ON NORTH KOREA. + It is the sense of Congress that-- + (1) diplomacy, economic sanctions, and credible deterrence are + essential to address North Korea's illicit weapons of mass + destruction program and the conventional threat that North Korea + poses to United States forces on the Korean Peninsula and to United + States allies in the region; + (2) North Korea's recent missile tests are destabilizing, + increase regional tensions, and run counter to the spirit of + diplomatic negotiations; + (3) every effort should be made to deter actions by North Korea + that could lead to a military confrontation, which would pose + extreme risks to-- + (A) United States military personnel; + (B) noncombatants, including United States citizens and + citizens of United States allies; and + (C) regional security; + (4) a sustained and credible diplomatic process based on + concrete measures to achieve the denuclearization of North Korea + and an eventual end to the Korean War should be pursued; + (5) continued actions by North Korea that run counter to + diplomatic negotiations call into question North Korea's intentions + and commitment to a diplomatic solution; and + (6) until such time as North Korea no longer poses a threat to + the United States or United States allies, the United States + should, in concert with such allies, continue to deter North Korea + through credible defense and deterrence posture. +SEC. 1258. STATEMENT OF POLICY AND SENSE OF CONGRESS ON, AND STRATEGY +TO FULFILL OBLIGATIONS UNDER, MUTUAL DEFENSE TREATY WITH THE REPUBLIC +OF THE PHILIPPINES. + (a) Statement of Policy.--It is the policy of the United States +that-- + (1) while the United States has long adopted an approach that + takes no position on the ultimate disposition of the disputed + sovereignty claims in the South China Sea, disputing states + should-- + (A) resolve their disputes peacefully without the threat or + use of force; and + (B) ensure that their maritime claims are consistent with + international law; and + (2) an armed attack on the armed forces, public vessels, or + aircraft of the Republic of the Philippines in the Pacific, + including the South China Sea, would trigger the mutual defense + obligations of the United States under Article IV of the Mutual + Defense Treaty ``to meet common dangers in accordance with its + constitutional processes''. + (b) Sense of Congress.--It is the sense of Congress that the +Secretary of State and the Secretary of Defense should-- + (1) affirm the commitment of the United States to the Mutual + Defense Treaty; + (2) preserve and strengthen the military 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. + (c) Strategy Required.-- + (1) In general.--Not later than 1 year after the date of the + enactment of this Act, the Secretary of Defense, in consultation + with the Secretary of State, shall submit to the appropriate + committees of Congress a report that sets forth the strategy of the + Department of Defense for achieving the objectives described in + subsection (b). + (2) Elements of strategy.--The strategy required by paragraph + (1) shall include the following: + (A) A description of the national security interests and + objectives of the United States furthered by the Mutual Defense + Treaty. + (B) A description of the regional security environment, + including-- + (i) an assessment of threats to both the United States + and the Republic of the Philippines national security + interests in the region and the role of the Department in + addressing such threats; + (ii) a description of the strategic security challenges + that are detrimental to regional peace and global + stability, including challenges posed by the People's + Republic of China, violent extremist organizations, and + natural disasters; and + (iii) a description of each violent extremist + organization that presents a threat to the Republic of the + Philippines, including, with respect to each such + organization-- + + (I) the primary objectives of the organization; + (II) an assessment of-- + + (aa) the capacity and capability of the + organization; + (bb) the transnational threat posed by the + organization; + (cc) recent trends in the capability and + influence of the organization; + (dd) the potential for the organization to + reconstitute, expand, or otherwise pose a + significant transnational threat; and + (ee) the conditions that contribute to efforts + of the organization to reconstitute, expand, or + pose such a threat; and + + (III) a description of the metrics used to assess + the capability and influence of the organization. + + (C) A description of Department objectives with the + Republic of the Philippines, including-- + (i) the benchmarks for assessing progress towards such + objectives; and + (ii) the Department strategy to achieve such + objectives, including through-- + + (I) defense cooperation; + (II) use of security cooperation authorities; and + (III) other support or activities in the Republic + of the Philippines. + + (D) An identification of all current and planned Department + resources, programs, and activities to support the strategy + required by paragraph (1), including a review of the necessity + of an ongoing named operation and the criteria used to + determine such necessity. + (d) Definitions.--In this section: + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the congressional defense committees; and + (B) the Committee on Foreign Relations of the Senate and + the Committee on Foreign Affairs of the House of + Representatives. + (2) Mutual defense treaty.--The term ``Mutual Defense Treaty'' + means the Mutual Defense Treaty between the Republic of the + Philippines and the United States of America, done at Washington + August 30, 1951. +SEC. 1259. REPORT ON SECURITY COOPERATION WITH THE PHILIPPINE NATIONAL +POLICE. + (a) Report.--Not later than 150 days after the date of the +enactment of this Act, the Secretary of Defense, in concurrence with +the Secretary of State, shall submit to the appropriate congressional +committees a report concerning security sector assistance programs with +the Philippine National Police. + (b) Matters to Be Included.--The report required by subsection (a) +shall include the following: + (1) A description of current and planned security sector + assistance programs with the Philippine National Police. + (2) The purpose, objectives, and type of training, equipment, + or assistance provided under each such program or activity. + (3) An identification of the lead agency responsible for each + such program or activity. + (4) An identification of the authority or authorities under + which each such program or activity is conducted. + (5) A description of the process and criteria used to determine + utilization of each such authority or authorities. + (6) A description of how each such program or activity advances + United States national security interests as it relates to the + Department's strategy regarding the Philippines. + (7) An identification of the specific units of the Philippine + National Police to receive training, equipment, or assistance under + each such program. + (8) A description of the process and criteria by which specific + units of the Philippine National Police are selected as recipients + of such programs and activities, including an assessment of the + comparative value of working with units of law enforcement and + units of the military forces of the Philippines. + (9) An assessment of the current operational effectiveness of + such units and a description of the metrics used to make such + assessment. + (10) An identification of priority capabilities of such units + to enhance through training, equipment, or assistance under each + such program or activity. + (11) A plan to identify, monitor, track, and assess the ability + of each such program or activity to meet each of the objectives + described pursuant to paragraph (2) to enhance the capabilities of + each such unit. + (12) An identification of any units of the Philippine National + Police that are determined or credibly alleged to have committed + human rights abuses. + (13) A description of the relationship between any units of the + Philippine National Police identified pursuant to paragraph (12) + and any unit identified pursuant to paragraph (7). + (14) A description of the current or previous role, if any, of + each unit identified pursuant to paragraph (7) in the anti-drug + campaign. + (15) An assessment of the ability of the United States to + identify the units described in paragraph (12). + (16) Any other matters the Secretary of Defense determines + should be included. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form without any designation relating to dissemination +control, but may contain a classified annex. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; and + (2) the Committee on Foreign Relations of the Senate and the + Committee on Foreign Affairs of the House of Representatives. +SEC. 1260. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY +DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA. + (a) Modification to Annual Report Requirements.--Section 1202 of +the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. +113 note) is amended as follows: + (1) In subsection (a), by inserting ``, in consultation with + the heads of other Federal departments and agencies as + appropriate,'' after ``the Secretary of Defense''. + (2) In subsection (b)-- + (A) by amending paragraph (26) to read as follows: + ``(26) The relationship between Chinese overseas investment, + including the Belt and Road Initiative, the Digital Silk Road, and + any state-owned or controlled digital or physical infrastructure + projects of China, and Chinese security and military strategy + objectives, including-- + ``(A) an assessment of the Chinese investments or projects + likely, or with significant potential, to be converted into + military assets of China; + ``(B) an assessment of the Chinese investments or projects + of greatest concern with respect to United States national + security interests; + ``(C) a description of any Chinese investment or project + located in another country that is linked to military + cooperation with such country, such as cooperation on satellite + navigation or arms production; + ``(D) an assessment of any Chinese investment, project, or + associated agreement in or with another country that presents + significant financial risk for the country or may undermine the + sovereignty of such country; and + ``(E) an assessment of the implications for United States + military or governmental interests related to denial of access, + compromised intelligence activities, and network advantages of + Chinese investments or projects in other countries.''; and + (B) by adding at the end the following: + ``(29) Developments relating to the China Coast Guard, + including an assessment of-- + ``(A) how the change in the Guard's command structure to + report to China's Central Military Commission affects the + Guard's status as a law enforcement entity; + ``(B) the implications of such command structure with + respect to the use of the Guard as a coercive tool to conduct + `gray zone' activities in the East China Sea and the South + China Sea; and + ``(C) how the change in such command structure may affect + interactions between the Guard and the United States Navy. + ``(30) An assessment of the military-to-military relations + between China and Russia, including an identification of mutual and + competing interests. + ``(31) An assessment of China's expansion of its surveillance + state, including-- + ``(A) any correlation of such expansion with its oppression + of its citizens or its threat to United States national + security interests around the world; and + ``(B) an overview of the extent to which such surveillance + corresponds to an overall respect, or lack thereof, for human + rights in China, especially for religious and ethnic + minorities.''. + (3) In subsection (c)-- + (A) by striking ``and the'' each place it appears and + inserting ``, the''; + (B) in paragraph (1), by striking ``of the Senate.'' and + inserting ``, and the Select Committee on Intelligence of the + Senate.''; and + (C) in paragraph (2), by striking ``Committee on + International Relations of the House of Representatives.'' and + inserting ``Committee on Foreign Affairs, and the Permanent + Select Committee on Intelligence of the House of + Representatives.'' + (b) Additional Defined Term.--Such section 1202, as so amended, is +further amended by adding at the end the following: + ``(d) State-owned or Controlled Digital or Physical Infrastructure +Project of China.-- + ``(1) In general.--For purposes of subsection (b)(26), the term + `state-owned or controlled digital or physical infrastructure + project of China' means a transportation, energy, or information + technology infrastructure project that is-- + ``(A) owned, controlled, under the direct or indirect + influence of, or subsidized by-- + ``(i) the Government of the People's Republic of China, + including any agency within such Government and any + subdivision or other unit of government at any level of + jurisdiction within China; + ``(ii) any agent or instrumentality of such Government, + including such agencies or subdivisions; or + ``(iii) the Chinese Communist Party; or + ``(B) a project of any Chinese company operating in a + sector identified as a strategic industry in the Chinese + Government's `Made in China 2025' strategy to make China a + `manufacturing power' as a core national interest. + ``(2) Owned; controlled.--For purposes paragraph (1)(A), with + respect to a project-- + ``(A) the term `owned' means a majority or controlling + interest, whether by value or voting interest, in that project, + including through fiduciaries, agents, or other means; and + ``(B) the term `controlled' means the power by any means to + determine or influence, directly or indirectly, important + matters affecting the project, regardless of the level of + ownership and whether or not that power is exercised.''. +SEC. 1260A. REPORT ON FOREIGN MILITARY ACTIVITIES IN PACIFIC ISLAND +COUNTRIES. + (a) In General.--Not later than 120 days after the date of the +enactment of this Act, the Under Secretary of Defense for Intelligence, +in coordination with the Director of the Defense Intelligence Agency +and the Director of National Intelligence, shall submit to the +congressional defense committees a report specifying and analyzing-- + (1) strategic interests of foreign militaries in Pacific Island + countries, known or emerging foreign partnerships or alliances with + non-Pacific Island countries, and foreign military training, + exercises, or operations in the region, excluding with countries + who are members of the Southeast Asia Treaty Organization; + (2) gaps in intelligence collection capabilities and activities + that prevent or may prevent a comprehensive understanding of + current intelligence assessments for Pacific Island countries; and + (3) plans to overcome any current intelligence collection + deficiencies, including an analysis of both United States and + allied and partner intelligence collection capabilities and + activities. + (b) Pacific Island Country Defined.--In this section, the term +``Pacific Island country'' includes any of the following countries: The +Republic of Fiji, the Republic Kiribati, the Marshall Islands, the +Federated States of Micronesia, the Republic of Nauru, the Republic of +Palau, the Independent State of Samoa, the Solomon Islands, the Kingdom +of Tonga, Tuvalu, and the Republic of Vanuatu. +SEC. 1260B. REPORT ON CYBERSECURITY ACTIVITIES WITH TAIWAN. + Not later than 180 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the congressional defense +committees a report on the following: + (1) The feasibility of establishing a high-level, interagency + United States-Taiwan working group for coordinating responses to + emerging issues related to cybersecurity. + (2) A discussion of the Department of Defense's current and + future plans to engage with Taiwan in cybersecurity activities. + (3) A discussion of obstacles encountered in forming, + executing, or implementing agreements with Taiwan for cybersecurity + activities. + (4) Any other matters the Secretary of Defense determines + should be included. +SEC. 1260C. REVIEW AND REPORT RELATED TO THE TAIWAN RELATIONS ACT. + (a) Review.--The Secretary of Defense, in coordination with the +Secretary of State, shall conduct a review of-- + (1) whether, and the means by which, as applicable, the + Government of the People's Republic of China or the Chinese + Communist Party are affecting, including through military, + economic, information, digital, diplomatic, or any other form of + coercion-- + (A) the security, or the social and economic system, of the + people of Taiwan; + (B) the military balance of power between the People's + Republic of China and Taiwan; or + (C) the expectation that the future of Taiwan will continue + to be determined by peaceful means; and + (2) the role of United States policy toward Taiwan with respect + to the implementation of the 2017 National Security Strategy and + the 2018 National Defense Strategy. + (b) Report.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense, in coordination + with the Secretary of State, shall provide to the appropriate + committees of Congress a report on the review under subsection (a). + (2) Matters to be included.--The report under paragraph (1) + shall include the following: + (A) The assessments resulting from the review. + (B) Recommendations on legislative changes or Department of + Defense or Department of State policy changes necessary to + ensure that the United States continues to meets its + obligations to Taiwan under the Taiwan Relations Act (22 U.S.C. + 3301 et seq.). + (C) Guidelines for-- + (i) new defense requirements, including requirements + relating to information and digital space; + (ii) exchanges between senior-level civilian and + military officials of the United States and Taiwan; and + (iii) the regular transfer of defense articles, + especially defense articles that are mobile, survivable, + and cost effective, to most effectively deter attacks and + support the asymmetric defense strategy of Taiwan. + (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. +SEC. 1260D. SENSE OF CONGRESS ON ENHANCEMENT OF THE UNITED STATES- +TAIWAN DEFENSE RELATIONSHIP. + It is the sense of Congress that-- + (1) Taiwan is a vital partner of the United States and is + critical to a free and open Indo-Pacific region; + (2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the + ``Six Assurances'' are both cornerstones of United States relations + with Taiwan; + (3) the United States should continue to strengthen defense and + security cooperation with Taiwan to support the development of + capable, ready, and modern defense forces necessary for Taiwan to + maintain a sufficient self-defense capability; + (4) consistent with the Taiwan Relations Act (22 U.S.C. 3301 et + seq.), the United States should strongly support the acquisition by + Taiwan of defense articles and services through foreign military + sales, direct commercial sales, and industrial cooperation, with an + emphasis on anti-ship, coastal defense, anti-armor, air defense, + defensive naval mining, and resilient command and control + capabilities that support the asymmetric defense strategy of + Taiwan; + (5) the President and Congress should determine the nature and + quantity of such defense articles and services based solely upon + their judgment of the needs of Taiwan, as required by the Taiwan + Relations Act and in accordance with procedures established by law; + (6) the United States should continue efforts to improve the + predictability of United States arms sales to Taiwan by ensuring + timely review of and response to requests of Taiwan for defense + articles and services; + (7) the Secretary of Defense should promote policies concerning + exchanges that enhance the security of Taiwan, including-- + (A) opportunities with Taiwan for practical training and + military exercises that-- + (i) enable Taiwan to maintain a sufficient self-defense + capability, as described in section 3(a) of the Taiwan + Relations Act (22 U.S.C. 3302(a)); and + (ii) emphasize capabilities consistent with the + asymmetric defense strategy of Taiwan; + (B) exchanges between senior defense officials and general + officers of the United States and Taiwan, consistent with the + Taiwan Travel Act (Public Law 115-135), especially for the + purpose of enhancing cooperation on defense planning and + improving the interoperability of United States and Taiwan + forces; and + (C) opportunities for exchanges between junior officers and + senior enlisted personnel of the United States and Taiwan; + (8) the United States and Taiwan should expand cooperation in + humanitarian assistance and disaster relief; + (9) the Secretary of Defense should consider options, including + exercises and ship visits, as appropriate, to expand the scale and + scope of humanitarian assistance and disaster response cooperation + with Taiwan and other regional partners so as to improve disaster + response planning and preparedness; and + (10) the Secretary of Defense should continue regular transits + of United States Navy vessels through the Taiwan Strait, commend + the armed forces of France for their April 6, 2019, legal transit + of the Taiwan Strait, and encourage allies and partners to follow + suit in conducting such transits, in order to demonstrate the + commitment of the United States and its allies and partners to fly, + sail, and operate anywhere international law allows. +SEC. 1260E. CHINESE FOREIGN DIRECT INVESTMENT IN COUNTRIES OF THE +ARCTIC REGION. + (a) Independent Study.-- + (1) In general.--Not later than 45 days after the date of + enactment of this Act, the Secretary of Defense shall seek to enter + into a contract with a federally-funded research and development + center described in paragraph (2) to complete an independent study + of Chinese foreign direct investment in countries of the Arctic + region, with a focus on the effects of such foreign direct + investment on United States national security and near-peer + competition in the Arctic region. + (2) Federally-funded research and development center + described.--A federally-funded research and development center + described in this paragraph is a federally-funded research and + development center that-- + (A) has access to relevant data and demonstrated data-sets + regarding foreign direct investment in the Arctic region; and + (B) has access to policy experts throughout the United + States and the Arctic region. + (b) Elements.--The study required by subsection (a) shall include +the following: + (1) Projects in the Arctic that are directly or indirectly + funded by public and private Chinese entities, to-- + (A) build public infrastructure; + (B) finance infrastructure; + (C) lease mineral and oil and gas leases; + (D) purchase real estate; + (E) extract or process, including smelting, minerals and + oil and gas; + (F) engage in shipping or to own and operate or construct + shipping infrastructure, including ship construction; + (G) lay undersea cables; and + (H) manufacture, own or operate telecommunications + capabilities and infrastructure. + (2) An analysis of the legal environment in which Chinese + foreign direct investment are occurring in the United States, + Russia, Canada, Greenland, Norway, and Iceland. The analysis should + include-- + (A) an assessment of the efficacy of mechanisms for + screening foreign direct investment in the United States, + Russia, Canada, Greenland, Norway, and Iceland; + (B) an assessment of the degree to which there is + transparency in Chinese foreign direct investment in countries + of the Arctic region; + (C) an assessment of the criteria used to assess potential + Chinese foreign direct investment in countries of the Arctic + region; + (D) an assessment of the efficacy of methods for monitoring + approved Chinese foreign direct investment in countries of the + Arctic region; and + (E) an assessment of public reporting of the decision to + approve such Chinese foreign direct investment. + (3) A comparison of Chinese foreign direct investment in + countries of the Arctic region to other countries with major + investments in such countries, including India, Japan, South Korea, + the Netherlands, and France. + (4) An assessment of the environmental impact of past Chinese + investments in oil and gas, mineral, and infrastructure projects in + the Arctic region, including the degree to which Chinese investors + are required to comply with local environmental laws and post bonds + to assure remediation if a project becomes bankrupt. + (5) A review of the 2018 Chinese Arctic Policy and other + relevant public and nonpublic Chinese policy documents to determine + the following: + (A) China's strategic objectives in the Arctic region from + a military, economic, territorial, and political perspective. + (B) China's goals in the Arctic region with respect to its + relations with the United States and Russia, including the + degree to which activities of China in the region are an + extension of China's strategic competition with the United + States. + (C) Whether any active or planned infrastructure + investments are likely to result in a regular presence of + Chinese military vessels or the establishment of military bases + in the Arctic region. + (D) The extent to which Chinese research activities in the + Arctic region are a front for economic activities, including + illegal economic espionage, intelligence gathering, and support + for future Chinese military activities in the region. + (E) The degree to which Arctic littoral states are + susceptible to the political and economic risks of unregulated + foreign direct investment. + (F) The vulnerability of semi-autonomous regions, such as + tribal lands, to Chinese foreign direct investment, including + the influence of legal controls and political or economic + manipulation with respect to such vulnerability. + (G) The implications of China's Arctic development and + participation model with respect to forecasting China's + military, economy, territorial, and political activities. + (6) Policy and legislative recommendations to enhance the + position of the United States in affairs of the Arctic region, + including-- + (A) recommendations for how the United States would best + interact with nongovernmental organizations such as the World + Bank, Arctic Council, United Nations General Assembly, and + International Maritime Organization; + (B) recommendations to pursue or not pursue the formation + of an Arctic Development Bank and, if pursued, how to organize, + fund, and operate the bank; + (C) measures the United States can take to promote regional + governance and eliminate the soft-power influence from Chinese + foreign direct investment, in particular, steps where the + United States and Russia should cooperate; and + (D) the possibility of negotiating a regional arrangement + to regulate foreign direct investment in countries of the + Arctic region. + (c) Report to Department of Defense.--Not later than 720 days after +the date of the enactment of this Act, the federally-funded research +and development center with respect to which the Secretary of Defense +has entered into a contract under subsection (a) shall submit to the +Secretary a report containing the study under subsections (a) and (b). + (d) Report to Congress.--Not later than 750 days after the date of +the enactment of this Act, the Secretary of Defense shall submit to the +appropriate congressional committees the report under subsection (c), +without change. + (e) Appropriate Congressional Committee Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; + (2) the Committee on Foreign Relations and the Committee on + Commerce, Science, and Transportation of the Senate; and + (3) the Committee on Foreign Affairs and the Committee on + Transportation and Infrastructure of the House of Representatives. +SEC. 1260F. SENSE OF CONGRESS ON POLICY TOWARD HONG KONG. + It is the sense of Congress that-- + (1) Congress stands unequivocally with the people of Hong Kong + as they defend their rights and freedoms and preserve their + autonomy against the People's Republic of China; + (2) the Government of the People's Republic of China should-- + (A) abide fully by its commitments in the Sino-British + Joint Declaration of 1984 to allow the people of Hong Kong a + high degree of autonomy to govern Hong Kong; + (B) adhere fully to Hong Kong's Basic Law of 1997; and + (C) immediately cease and desist in its interference in the + political and legal affairs of Hong Kong; + (3) the decision of authorities of the Hong Kong Special + Autonomous Region in September 2019 to fully withdraw the proposed + amendments to the Fugitive Offenders Ordinance of Hong Kong is a + necessary first step and should be followed by efforts to resolve + the remaining demands raised by protestors who represent a broad + cross-section of Hong Kong, which are that authorities-- + (A) drop all charges against individuals who have been + arrested for participating in political protests; + (B) retract the proclamation that the protests were riots; + (C) establish a thorough and independent investigation into + police brutality; and + (D) implement genuine universal suffrage for the election + of the Chief Executive and all Legislative Council members of + Hong Kong; + (4) the United States should-- + (A) work with like-minded countries to stand with the + people of Hong Kong; + (B) encourage more responsible behavior by the People's + Republic of China; and + (C) impose consequences in the event that the authorities + of the People's Republic of China and Hong Kong continue to + violate fundamental agreements regarding the autonomy of Hong + Kong; + (5) the People's Republic of China should refrain from use of + any organization within the military, paramilitary, or law + enforcement apparatus of the People's Republic of China to engage + in violent suppression in Hong Kong; + (6) in the event of use of force by the Government of the + People's Republic of China against protestors in Hong Kong, + Congress will recommend swift action by the United States, + including-- + (A) a fundamental reevaluation of the special treatment of + Hong Kong under the Hong Kong Policy Act of 1992 (Public Law + 102-383; 106 Stat. 1448) and other United States law, + particularly in areas of law in which the People's Republic of + China is exploiting Hong Kong to the detriment of United States + interests and values; and + (B) coordinated actions with like-minded countries to + impose meaningful costs on the People's Republic of China, + including the imposition of sanctions, travel restrictions, and + other actions against responsible senior officials in the + Chinese Communist Party, the People's Liberation Army, and the + People's Armed Police; and + (7) if at any point the Government of Hong Kong implements + legislation that affects, directly or indirectly, the interests of + the United States with respect to an agreement the United States + maintains with Hong Kong, including a future reconsideration of + amendments to the Fugitive Offenders Ordinance of Hong Kong, the + United States should conduct a full review of all relevant + agreements between the United States and Hong Kong and make + necessary adjustments to those agreements to safeguard United + States interests. +SEC. 1260G. SENSE OF CONGRESS ON ENHANCING DEFENSE AND SECURITY +COOPERATION WITH THE REPUBLIC OF SINGAPORE. + It is the sense of Congress that-- + (1) the United States and the Republic of Singapore have built + a strong, enduring, and forward-looking strategic partnership based + on long-standing and mutually beneficial cooperation, including + through security, defense, economic, and people-to-people ties; + (2) robust security cooperation between the United States and + the Republic of Singapore is crucial to promoting peace and + stability in the Indo-Pacific region; + (3) the status of the Republic of Singapore as a major security + cooperation partner of the United States, as recognized in the 2005 + Strategic Framework Agreement between the United States and the + Republic of Singapore for a Closer Partnership in Defense and + Security, plays an important role in the global network of + strategic partnerships, especially in promoting maritime security + and countering terrorism; + (4) the United States values the Republic of Singapore's + provision of access to its military facilities, which supports the + continued security presence of the United States in Southeast Asia + and across the Indo-Pacific region; + (5) the United States should continue to welcome the presence + of the military forces of the Republic of Singapore in the United + States for exercises and training, and should consider + opportunities to expand such activities at additional locations in + the United States, as appropriate; and + (6) as the United States and the Republic of Singapore have + renewed the 1990 Memorandum of Understanding Regarding the United + States Use of Facilities in Singapore, the United States should-- + (A) continue to enhance defense and security cooperation + with the Republic of Singapore to promote peace and stability + in the Indo-Pacific region based on common interests and shared + values; + (B) reinforce the status of the Republic of Singapore as a + major security cooperation partner of the United States; and + (C) explore additional steps to better facilitate + interoperability between the United States Armed Forces and the + military forces of the Republic of Singapore to promote peace + and stability in the Indo-Pacific region. +SEC. 1260H. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP. + (a) Transfer Authority.--Notwithstanding section 2215 of title 10, +United States Code, the Secretary of Defense may transfer to the +Secretary of State, for use by the United States Agency for +International Development, amounts to be used for the Bien Hoa dioxin +cleanup in Vietnam. + (b) Limitation on Amount.--Not more than $15,000,000 may be +transferred in fiscal year 2020 under the transfer authority in +subsection (a). + (c) Additional Transfer Authority.--The transfer authority in +subsection (a) is in addition to any other transfer authority available +to the Department of Defense. + (d) Notice on Exercise of Authority.--If the Secretary of Defense +determines to use the transfer authority in subsection (a), the +Secretary shall notify the congressional defense committees of that +determination not later than 30 days before the Secretary uses the +transfer authority. +SEC. 1260I. LIMITATION ON REMOVAL OF HUAWEI TECHNOLOGIES CO. LTD. FROM +ENTITY LIST OF BUREAU OF INDUSTRY AND SECURITY. + (a) In General.--The Secretary of Commerce may not remove Huawei +Technologies Co. Ltd. or any of its affiliates (in this section +collectively referred to as ``Huawei'') from the entity list unless and +until the Secretary certifies to the appropriate congressional +committees that-- + (1) Huawei has sufficiently resolved or settled the charges + that were the basis for the addition of Huawei to the entity list + in a manner that is consistent with the standards for the removal + of an entity from the entity list under the Export Administration + Regulations; + (2) Huawei has sufficiently resolved or settled any other + charges that Huawei violated sanctions imposed by the United + States; + (3) regulations have been implemented that sufficiently + restrict exporting to, and importing from, the United States items + that would pose a national security threat to telecommunications + systems in the United States; and + (4) the Department of Commerce has mitigated, to the maximum + extent possible, other threats to the national security of the + United States posed by Huawei. + (b) Report.-- + (1) In general.--Not later than 60 days after the date of the + enactment of this Act, and annually thereafter, the Secretary of + Commerce shall submit to the appropriate congressional committees a + report on licenses issued for exports to Huawei. + (2) Matters to be included.--For each such license, the report + required by paragraph (1) shall describe-- + (A) the items authorized for export; + (B) the end-uses of the items; + (C) the identities of the companies granted the license; + and + (D) how the approval of the license is consistent with the + national security licensing policy set forth in the Export + Administration Regulations. + (3) Disclosure by appropriate congressional committees.-- + Subclause (ii) of section 1761(h)(2)(B) of the Export Control + Reform Act of 2018 (50 U.S.C. 4820(h)(2)(B)) shall apply with + respect to information in a report received by the appropriate + congressional committees under paragraph (1) to the same extent and + in the same manner as such subclause (ii) applies with respect to + information made available under subclause (i) of such section + 1761(h)(2)(B). + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Banking, Housing, and Urban Affairs + and the Select Committee on Intelligence of the Senate; and + (B) the Committee on Foreign Affairs and the Permanent + Select Committee on Intelligence of the House of + Representatives. + (2) Entity list.--The term ``entity list'' means the list + maintained by the Bureau of Industry and Security and set forth in + Supplement No. 4 to part 744 of title 15, Code of Federal + Regulations. + (3) Export administration regulations.--The term ``Export + Administration Regulations'' means subchapter C of chapter VII of + title 15, Code of Federal Regulations. +SEC. 1260J. REPORT ON ZTE COMPLIANCE WITH SUPERSEDING SETTLEMENT +AGREEMENT AND SUPERSEDING ORDER. (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and annually thereafter, the President shall +submit to Congress a report on the compliance of Zhongxing +Telecommunications Equipment Corporation (ZTE Corporation) and ZTE +Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively, ``ZTE'') +with the Superseding Settlement Agreement and Superseding Order reached +with the Department of Commerce on June 8, 2018. + (b) Form.--The report required by subsection (a) shall be submitted +in unclassified form and publicly accessible, but may include a +classified annex. +SEC. 1260K. REPORT ON THE LAY-DOWN OF UNITED STATES MARINES IN THE +INDO-PACIFIC REGION. + (a) Report.--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 the cost -imposition strategies of the Department of Defense with respect to the -People's Republic of China and the Russian Federation. - (b) Elements.--The report under subsection (a) shall include the -following: - (1) A description of the manner in which the future-years - defense program and current operational concepts of the - Department are designed to impose costs on the People's - Republic of China and the Russian Federation, including-- - (A) political, economic, monetary, human capital, - and technology costs; and - (B) costs associated with military efficiency and - effectiveness. - (2) A description of the policies and processes of the - Department relating to the development and execution of cost - imposition strategies. - (c) Form.--The report under subsection (a) shall be submitted in -classified form, and shall include an unclassified summary. +congressional defense committees a report on the implementation of the +planned distributed lay-down of members of the United States Marine +Corps in Okinawa, Guam, Hawaii, Australia, and other locations. + (b) Elements.--The report required by subsection (a) shall include +the following: + (1) A description of the relationship between the planned + distributed lay-down in the Indo-Pacific region and the + implementation of the National Defense Strategy with respect to + such region. + (2) An assessment of the impact of the planned distributed lay- + down on the ability of the Armed Forces to respond to current and + future contingencies in the area of responsibility of United States + Indo-Pacific Command that reflects contingency plans of the + Department of Defense. + (3) A description of-- + (A) the implementation timeline for the planned distributed + lay-down; and + (B) progress made on the planned distributed lay-down, as + compared with such timeline. + (4) A description of the adequacy of current and expected + training resources at each location associated with the planned + distributed lay-down, including-- + (A) the ability to train against the full spectrum of + threats from near-peer or peer threats; and + (B) any projected limitation due to political, + environmental, or other limiting factors. + (5) A description of sustainment concepts to support the + planned distributed lay-down, including an assessment of the manner + in which the planned distributed lay-down will impact logistics and + sustainment requirements in support of contingency plans of the + Department of Defense. + (6) An updated and detailed description of any military + construction projects required to execute the distributed lay-down. + (7) A description of any recommended revision to the current + implementation plan, including any recommended new investment + associated with any such revision relating to basing, access, and + prepositioning in the Indo-Pacific region. Subtitle G--Other Matters -SEC. 1281. NATO SPECIAL OPERATIONS HEADQUARTERS. - - Section 1244 of the National Defense Authorization Act for Fiscal -Year 2010 (Public Law 111-84; 123 Stat. 2541), as most recently amended -by section 1280 of the National Defense Authorization Act for Fiscal -Year 2016 (Public Law 114-92; 129 Stat. 1080), is further amended-- - (1) in subsection (a), by striking ``each of fiscal years - 2013 through 2020'' and inserting ``each of fiscal years 2013 - through 2025''; - (2) by striking subsection (c); and - (3) by redesignating subsection (d) as subsection (c). - -SEC. 1282. MODIFICATIONS OF AUTHORITIES RELATING TO ACQUISITION AND - CROSS-SERVICING AGREEMENTS. - - (a) Reimbursement for Cost of Logistic Support, Supplies, and -Services.--Subsection (a) of section 2342 of title 10, United States -Code, is amended-- - (1) in paragraph (2), by striking ``in return for'' and all - that follows through the period at the end and inserting the - following: ``in return for-- - ``(A) the reciprocal provisions of logistic - support, supplies, and services by such government or - organization to elements of the armed forces; or - ``(B) cash reimbursement for the fully burdened - cost of the logistic support, supplies, and services - provided by the United States.''; and - (2) by adding at the end the following new paragraphs: - ``(3) A reciprocal transaction for logistic support, - supplies, and services shall be reconciled not later than one - year after the date on which the transaction occurs, at which - time the Secretary of Defense shall seek cash reimbursement for - the fully burdened cost of the logistic support, supplies, and - services provided by the United States that has not been offset - by the value of the logistic support, supplies, and services - provided by the recipient government or organization. - ``(4) An agreement entered into under this section shall - require any accrued credits or liabilities resulting from an - unequal exchange of logistic support, supplies, and services to - be liquidated not less frequently than once every five - years.''. - (b) Designation and Notice of Intent to Enter Into Agreement With -Non-NATO Country.--Subsection (b) of such section is amended to read as -follows: - ``(b)(1) The Secretary of Defense may not designate a country for -an agreement under this section unless-- - ``(A) the Secretary, after consultation with the Secretary - of State, determines that the designation of such country for - such purpose is in the interest of the national security of the - United States; and - ``(B) in the case of a country that is not a member of the - North Atlantic Treaty Organization, the Secretary submits to - the appropriate committees of Congress notice of the intended - designation not less than 30 days before the date on which such - country is designated by the Secretary under subsection (a). - ``(2) In the case of a country that is not a member of the North -Atlantic Treaty Organization, the Secretary of Defense may not enter -into an agreement under this section unless the Secretary submits to -the appropriate committees of Congress a notice of intent to enter into -such an agreement not less than 30 days before the date on which the -Secretary enters into the agreement.''. - (c) Oversight and Monitoring Responsibilities.--Such section is -further amended-- - (1) by redesignating subsections (f) through (h) as - subsections (g) through (i), respectively; and - (2) by inserting after subsection (e) the following new - subsection (f): - ``(f)(1) The Under Secretary of Defense for Policy shall have -primary responsibility within the Office of the Secretary of Defense -for oversight of agreements entered into and activities carried out -under the authority of this subchapter. - ``(2) The Director of the Defense Security Cooperation Agency shall -have primary responsibility for-- - ``(A) monitoring the implementation of such agreements; and - ``(B) accounting for logistic support, supplies, and - services received or provided under such authority.''. - (d) Regulations.--Subsection (g) of such section, as redesignated -by subsection (c)(1), is amended to read as follows: - ``(g)(1) Not later than 90 days after the date of the enactment of -this Act, the Secretary of Defense shall prescribe regulations to -ensure that-- - ``(A) contracts entered into under this subchapter are free - from self-dealing, bribery, and conflict of interests; - ``(B) adequate processes and controls are in place to - provide for the accurate accounting of logistic support, - supplies, and services received or provided under the authority - of this subchapter; and - ``(C) personnel responsible for accounting for logistic - support, supplies, and services received or provided under such - authority are fully trained and aware of such responsibilities. - ``(2)(A) Not later than 270 days after the issuance of the - regulations under paragraph (1), the Comptroller General of the - United States shall conduct a review of the implementation by - the Secretary of such regulations. - ``(B) The review conducted under subparagraph (A) shall-- - ``(i) assess the effectiveness of such regulations - and the implementation of such regulations to ensure - the effective management and oversight of an agreement - under subsection (a)(1); and - ``(ii) include any other matter the Comptroller - General considers relevant.''. - (e) Reports.--Subsection (h) of such section, as redesignated by -subsection (c)(1), is amended-- - (1) in paragraph (1), by inserting ``in effect'' and - inserting ``that have entered into force or were applied - provisionally''; - (2) in paragraph (2)-- - (A) by striking ``date on which the Secretary'' and - all that follows through the period at the end and - inserting ``dates on which the Secretary notified - Congress-- - ``(A) pursuant to subsection (b)(1)(B) of the - designation of such country under subsection (a); and - ``(B) pursuant to subsection (b)(2) of the intent - of the Secretary to enter into the agreement.''; - (3) by amending paragraph (3) to read as follows: - ``(3) With respect to each such agreement, the dollar - amounts of-- - ``(A) each class or type of logistic support, - supplies, and services provided in the preceding fiscal - year; and - ``(B) reciprocal provisions of logistic support, - supplies, and services, or cash reimbursements, - received in such fiscal year.''; - (4) by amending paragraph (4) to read as follows: - ``(4) With respect to each such agreement, the dollar - amounts of-- - ``(A) each class or type of logistic support, - supplies, and services received; and - ``(B) reciprocal provisions of logistic support, - supplies, and services, or cash reimbursements - provided.''; - (5) by striking paragraph (5); and - (6) by adding at the end the following new paragraphs: - ``(5) With respect to any transaction for logistic support, - supplies, and services that has not been reconciled more than - one year after the date on which the transaction occurred, a - description of the transaction that includes the following: - ``(A) The date on which the transaction occurred. - ``(B) The country or organization to which logistic - support, supplies, and services were provided. - ``(C) The value of the transaction. - ``(6) An explanation of any waiver granted under section - 2347(c) during the preceding fiscal year, including an - identification of the relevant contingency operation or non- - combat operation.''. - -SEC. 1283. MODIFICATION OF AUTHORITY FOR UNITED STATES-ISRAEL ANTI- - TUNNEL COOPERATION ACTIVITIES. - - (a) In General.--Subsection (a) of section 1279 of the National -Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is -amended, in the first sentence, by striking ``and to establish -capabilities for countering unmanned aerial systems''. - (b) Exception to Matching Contribution Requirement.--Subsection -(b)(3) of such section is amended-- - (1) by striking ``Support'' and inserting the following: - ``(A) In general.--Except as provided in - subparagraph (B), support''; and - (2) by adding at the end the following: - ``(B) Exception.--Subject to paragraph (4), the - Secretary may use amounts available to the Secretary in - excess of the amount contributed by the Government of - Israel to provide support under this subsection for - costs associated with any unique national requirement - identified by the United States with respect to anti- - tunnel capabilities.''. - -SEC. 1284. UNITED STATES-ISRAEL COOPERATION TO COUNTER UNMANNED AERIAL - SYSTEMS. - +SEC. 1261. MODIFICATION TO REPORT ON LEGAL AND POLICY FRAMEWORKS FOR +THE USE OF MILITARY FORCE. + Section 1264 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1689) is amended-- + (1) in the heading for subsection (a), by striking ``Initial'' + and inserting ``Annual''; + (2) in subsection (a)(1), by striking ``90 days after the date + of the enactment of this Act'' and inserting ``March 1 of each + year''; + (3) in subsection (a)(2), by striking ``during the period'' and + all that follows to the end and inserting: ``from the preceding + year, including-- + ``(A) a list of all foreign forces, irregular forces, + groups, or individuals for which a determination has been made + that force could legally be used under the Authorization for + Use of Military Force (Public Law 107-40), including-- + ``(i) the legal and factual basis for such + determination; and + ``(ii) a description of whether force has been used + against each such foreign force, irregular force, group, or + individual; and + ``(B) the criteria and any changes to the criteria for + designating a foreign force, irregular force, group, or + individual as lawfully targetable, as a high value target, and + as formally or functionally a member of a group covered under + the Authorization for Use of Military Force.''; and + (4) in subsection (c), by adding at the end the following: + ``The unclassified portion of each report shall, at a minimum, + include each change made to the legal and policy frameworks during + the preceding year and the legal, factual, and policy + justifications for such changes, and shall be made available to the + public at the same time it is submitted to the appropriate + congressional committees.''. +SEC. 1262. INDEPENDENT REVIEW OF SUFFICIENCY OF RESOURCES AVAILABLE TO +UNITED STATES SOUTHERN COMMAND AND UNITED STATES AFRICA COMMAND. + (a) In General.--The Secretary of Defense shall seek to enter into +a contract with a not-for-profit entity or federally funded research +and development center independent of the Department of Defense to +conduct a review of the sufficiency of resources available to United +States Southern Command and United States Africa Command to carry out +their respective missions in support of United States national security +objectives. + (b) Matters to Be Included.--The review described in subsection (a) +shall include-- + (1) a review of current and emerging United States national + security interests in the United States Southern Command and United + States Africa Command areas of responsibilities; + (2) a review of the National Defense Strategy and its + implications for United States presence and activities in the + United States Southern Command and United States Africa Command + areas of responsibilities; + (3) a comparative analysis of the National Defense Strategy and + the Theater Campaign Plans of United States Southern Command and + United States Africa Command, which shall include a description of + differences, if any, between the guidance and objectives outlined + in the National Defense Strategy and those of the respective + Theater Campaign Plans; + (4) a review of the sufficiency of the resources available to + United States Southern Command and United States Africa Command, + including personnel, human resources, and financial resources as + well as other non-Department of Defense resources available to + United States Southern Command and United States Africa Command, in + promoting United States national security interests; + (5) an assessment of the level of regional expertise and + experience of the leadership of each such combatant command and + their subordinate organizations, service components, and task + forces, to include personnel from agencies other than the + Department of Defense; + (6) a description of the strategic objectives and end states in + the geographic region for which each such combatant command has + responsibility and a comparison of the importance and priority of + the resources available to each such combatant command to perform + its mission; and + (7) an assessment of the ability of each such combatant command + to carry out their respective missions based on available + resources, including non-Department of Defense resources. + (c) Access to Information.--The not-for-profit entity or federally +funded research and development center with which the Secretary enters +into the contract under subsection (a) shall have full and direct +access to all information related to resources available to United +States Southern Command and United States Africa Command. + (d) Report.-- + (1) In general.--The Secretary of Defense shall require, as a + term of the contract entered into under subsection (a), that not + later than 240 days after the date of the enactment of this Act, + the not-for-profit entity or federally funded research and + development center with which the Secretary of Defense enters into + the contract under subsection (a) shall submit to the Secretary of + Defense, the Secretary of State, and the Administrator of the + United States Agency for International Development a report that + contains the assessment required by subsection (a). + (2) Submission to congress.--Not later than 1 year after the + date of the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees-- + (A) a copy of such report without change; and + (B) any comments the Secretary of Defense considers + appropriate. +SEC. 1263. UNITED STATES CENTRAL COMMAND POSTURE ASSESSMENT AND REVIEW. + (a) Assessment and Review 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 an agreement with a federally funded research and development + center to conduct an independent assessment and comprehensive + review of United States military force posture and capabilities in + the United States Central Command area of responsibility for the + purpose of clarifying and evolving United States military force + posture and basing throughout such area of responsibility in + accordance with the strategic guidance of the National Defense + Strategy during the posture review period. + (2) Matters to be included.--The assessment and review + conducted under paragraph (1) shall include, for the posture review + period, the following: + (A) An assessment of the threats and challenges in the + United States Central Command area of responsibility, including + threats and challenges posed to United States interests by + near-peer competitors. + (B) An explanation of the policy and strategic frameworks + for addressing the threats and challenges identified under + subparagraph (A). + (C) An identification of current and future United States + military force posture and capabilities necessary to counter + threats, deter conflict, and defend United States national + security interests in the United States Central Command area of + responsibility. + (D) An assessment of threats and vulnerabilities to current + basing, posture, and readiness in the United States Central + Command area of responsibility. + (E) An assessment of the basing, cooperative security + locations, and other infrastructure necessary to support steady + state operations in support of the theater campaign plan and + potential contingencies that may arise in or affect the United + States Central Command area of responsibility, including any + potential efficiencies and risk mitigation measures to be + taken. + (F) An assessment of the risks and tradeoffs to United + States Central Command priorities resulting from the + reorientation of resources toward National Defense Strategy + priorities and a description of methods to mitigate any + negative impact of such reorientation. + (G) An explanation of the manner in which a modernized + global operating model or dynamic force employment approach may + yield efficiencies and increase strategic flexibility while + achieving United States military objectives in the United + States Central Command area of responsibility. + (H) An articulation of the United States nonmilitary + efforts and activities necessary to enable the achievement of + United States national security interests in the United States + Central Command area of responsibility. + (I) Any other matter considered relevant. + (b) Results.--The federally funded research and development center +concerned shall submit to the Secretary the results of the assessment +and review under subsection (a), which shall include the following: + (1) Considerations and recommendations for improving posture, + basing, and readiness in the United States Central Command area of + responsibility. + (2) Alternative basing and posture options to reduce costs, + enhance readiness, improve posture, and align with National Defense + Strategy priorities. + (3) Any legislative recommendations-- + (A) to support and facilitate National Defense Strategy + implementation with respect to United States Central Command; + and + (B) to modernize or improve basing, posture, and readiness + in the United States Central Command area of responsibility. + (c) Submittal to Congress.-- + (1) In general.--Not later than July 1, 2020, the Secretary + shall submit to the congressional defense committees an unaltered + copy of the results under subsection (b), together with the written + perspectives of the Secretary and the Chairman of the Joint Chiefs + of Staff with respect to such results. + (2) Form.--The submission under paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (d) Posture Review Period Defined.--In this section, the term +``posture review period'' means the period beginning on the date that +is five years after the date of the enactment of this Act and ending on +the date that is 15 years after such date of enactment. +SEC. 1264. LIMITATION ON PRODUCTION OF NUCLEAR PROLIFERATION ASSESSMENT +STATEMENTS. + (a) Limitation.--The Secretary of State may not provide to the +President, and the President may not submit to Congress, a Nuclear +Proliferation Assessment Statement described in subsection a. of +section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with +respect to a proposed cooperation agreement with any country that has +not signed and implemented an Additional Protocol with the +International Atomic Energy Agency, other than a country with which, as +of June 19, 2019, there is in effect a civilian nuclear cooperation +agreement pursuant to such section 123. + (b) Waiver.--The limitation under subsection (a) shall be waived +with respect to a particular country beginning on the date that is 90 +days after the date on which the President submits to the appropriate +congressional committees a report describing the manner in which such +agreement would advance the national security and defense interests of +the United States and not contribute to the proliferation of nuclear +weapons. + (c) Form.--The report described in subsection (b) shall be +submitted in unclassified form but may include a classified annex. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the 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. +SEC. 1265. WESTERN HEMISPHERE RESOURCE ASSESSMENT. + (a) In General.--The Secretary of Defense shall seek to enter into +a contract with an independent, non-governmental institute described in +section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from +tax under section 501(a) of such Code, that has recognized credentials +and expertise in national security and military affairs to conduct an +accounting of and an assessment of the sufficiency of resources +available to the United States Southern Command (SOUTHCOM), United +States Northern Command (NORTHCOM), Department of State, and United +States Agency for International Development (USAID) to carry out their +respective missions in the Western Hemisphere. + (b) Matters to Be Included.--The assessment described in subsection +(a) shall include each of the following: + (1) An accounting and description of the funds available to + SOUTHCOM, NORTHCOM, the Department of State, and USAID. + (2) A list of bilateral and multilateral military training and + exercises with allies and partner countries in the Western + Hemisphere. + (3) A description of the security force activities of the + United States in the Western Hemisphere. + (4) A description of the activities of the Departments of State + and Defense in addressing security challenges in the Western + Hemisphere. + (5) Cyber domain activities of the United States and those + actions in concert with allied and partner countries in the Western + Hemisphere. + (6) A description of the funding for all international military + education and training programs. + (7) An overview of all foreign military sales and foreign + military financing programs with partner countries in the Western + Hemisphere. + (8) A list of investments, programs, or partnerships in the + Western Hemisphere by China, Iran, Russia, or other adversarial + groups or countries that threaten the national security of the + United States. + (9) Recommendations for actions the Department of Defense, the + Department of State, and USAID could take to advance United States + national security interests in the Western Hemisphere. + (c) Access to Information.--The independent, non-governmental +institute described in subsection (a) with which the Secretary enters +into a contract pursuant to such subsection shall have full and direct +access to all information related to resources available to SOUTHCOM, +NORTHCOM, the Department of State, and USAID. + (d) Reports Required.-- + (1) Report of assessment.--The Secretary of Defense shall + include as a term in the contract entered into pursuant to + subsection (a) that the independent, non-governmental institute + shall submit to the Secretary of Defense, the Secretary of State, + and the Administrator of the USAID a report containing the + assessment described in such subsection not later than 240 days + after the date of the enactment of this Act. + (2) Report to congress.--Not later than 1 year after the date + of the enactment of this Act, the Secretary of Defense shall submit + to the appropriate congressional committees a report that + includes-- + (A) an unedited copy of the report submitted in accordance + to paragraph (1); and + (B) any comments, changes, recommendations, or other + information of the Secretary of Defense, the Secretary of + State, and the Administrator of the United States Agency for + International Development determine appropriate that relates to + the assessment required by subsection (a) and contained in such + report. + (3) Form.--The report required by paragraph (2) shall be + submitted in unclassified form but may include a classified annex. + (e) Appropriate Congressional Committees Defined.--The term +``appropriate congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on + Appropriations, and the Committee on Foreign Relations of the + Senate; and + (2) the Committee on Armed Services, the Committee on + Appropriations, and the Committee on Foreign Affairs of the House + of Representatives. +SEC. 1266. HUMAN RIGHTS IN BRAZIL. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretary of State, shall submit to the appropriate congressional +committees a report that includes the following: + (1) A description of the security cooperation relationship + between the United States and Brazil, including a description of + United States objectives, any ongoing or planned security + cooperation activities with the military forces of Brazil, and an + identification of priority capabilities of the military forces of + Brazil that the Department could enhance. + (2) An assessment of the capabilities of the military forces of + Brazil. + (3) A description of the human rights climate in Brazil, an + assessment of the Brazilian military forces' adherence to human + rights, and a description of any ongoing or planned cooperative + activities between the United States and Brazil focused on human + rights. + (4) An identification of any Brazilian military and security + force units that are determined or credibly alleged to have engaged + in human rights violations and have received or purchased United + States equipment or training. + (5) A description of the manner and extent to which a security + cooperation strategy between the United States and Brazil could + address any human rights abuses identified pursuant to paragraph + (3) or (4), encourage accountability, and promote reform through + training on human rights, rule of law, and rules of engagement. + (6) Any other matter the Secretary determines to be relevant. + (b) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + Foreign Relations of the Senate; and + (2) the Committee on Armed Services and the Committee on + Foreign Affairs of the House of Representatives. +SEC. 1267. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA. + (a) In General.--Prior to the transfer of any vehicles by the +Department of Defense to a joint task force of the Ministry of Defense +or the Ministry of the Interior of Guatemala during fiscal year 2020, +the Secretary of Defense shall certify to the appropriate congressional +committees that such ministries have made a credible commitment to use +such equipment only for the uses for which they were intended. + (b) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on + Appropriations, and the Committee on Foreign Affairs of the House + of Representatives; and + (2) the Committee on Armed Services, the Committee on + Appropriations, and the Committee on Foreign Relations of the + Senate. +SEC. 1268. INDEPENDENT ANALYSIS OF HUMAN RIGHTS SITUATION IN HONDURAS. + (a) Analysis Required.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Defense shall select and + enter into an agreement with an independent think tank or a + federally funded research and development center to conduct an + analysis of the compliance of the military and security forces of + Honduras with international human rights laws and standards. + (2) Matters to be included.--The analysis under paragraph (1) + shall include the following: + (A) A description of the military-to-military activities + between the United States and Honduras, including the manner in + which Department of Defense engagement with the military and + security forces of Honduras supports the National Defense + Strategy. + (B) An analysis of the activities of the military and + security forces of Honduras with respect to human rights + activists, including-- + (i) a description of the processes and procedures of + the Department to identify human rights violations; and + (ii) an analysis of whether such processes and + procedures comply with Department policy on adherence to + human rights and international law. + (C) With respect to United States national security + interests, an analysis of the challenges posed by corruption + within the military and security forces of Honduras, + including-- + (i) an analysis of participation, if any, by the + military and security forces of Honduras in illegal + narcotics trafficking activities; and + (ii) the processes and procedures within the military + and security forces of Honduras to ensure accountability + for such activities. + (D) An analysis of-- + (i) the security cooperation provided to Honduras by + the Department during the 3-year period preceding the date + of the enactment of this Act; and + (ii) the extent to which such cooperation has improved + accountability, transparency, and compliance to + international human rights laws and standards in the + security and military operations of the Government of + Honduras. + (E)(i) An identification of the units of the military and + security forces of Honduras trained by the Department. + (ii) An analysis of the role such units have had, if any, + in the training, deployment, and command of the Military Police + for Public Order (PMOP) in Honduras. + (F) An analysis of the security cooperation of the + Department with military intelligence and special forces units + of Honduras. + (G) An analysis of the relative importance of providing + development assistance to Honduras to achieve United States + national security objectives, including countering the + proliferation of illegal narcotics flows through Honduras. + (H) Recommendations on the development of future security + cooperation with Honduras that prioritizes-- + (i) compliance of the military and security forces of + Honduras with human rights laws and standards; + (ii) citizen security; and + (iii) the advancement of United States national + security interests with respect to countering the + proliferation of illegal narcotics flows through Honduras. + (I) Any other matters the Secretary considers necessary and + relevant to United States national security interests. + (b) Report.--Not later than 270 days after the date of the +enactment of this Act, the entity selected under subsection (a) shall +submit to the appropriate committees of Congress a report on the +results of the analysis conducted under that subsection. + (c) Department of Defense Support.--The Secretary shall provide the +entity selected under subsection (a) with timely access to appropriate +information, data, and analyses necessary to carry out such analysis in +a thorough and independent manner. + (d) 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. +SEC. 1269. BRIEFING ON STRATEGY TO IMPROVE THE EFFORTS OF THE NIGERIAN +MILITARY TO PREVENT, MITIGATE, AND RESPOND TO CIVILIAN HARM. + 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 +provide to the congressional defense committees, the Committee on +Foreign Relations of the Senate, and the Committee on Foreign Affairs +of the House of Representatives a briefing on-- + (1) the current strategy to improve defense institutions and + security sector forces in Nigeria required by section 1279A of the + National Defense Authorization Act for Fiscal Year 2018 (Public Law + 115-91; 131 Stat. 1701); + (2) any efforts planned or under way to assist the Nigerian + military to improve its efforts to prevent, mitigate, and respond + to civilian harm; + (3) an assessment of the effectiveness of such training; and + (4) an overall assessment of efforts by the Government of + Nigeria to improve civilian protection, accountability for human + rights violations, and transparency in the defense institutions and + security sector force. +SEC. 1270. REPORT ON IMPLICATIONS OF CHINESE MILITARY PRESENCE IN +DJIBOUTI. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report that contains a comprehensive +strategy to address security concerns posed by the Chinese People's +Liberation Army Support Base in Djibouti to United States military +installations and logistics chains in sub-Saharan Africa and the Middle +East. + (b) Matters to Be Included.--The report required by subsection (a) +shall include the following: + (1) An assessment of the potential military, intelligence, and + logistical threats facing regional United States military + infrastructure, supply chains, and operations due to Chinese + military presence in Djibouti and a description of any efforts to + mitigate such threats. + (2) An assessment of Djibouti's Chinese-held public debt as + well as any other potential means of Chinese economic coercion, and + a description of the strategic vulnerabilities posed to the United + States if China moves to claim the Port of Djibouti or other key + logistical assets in repayment. + (3) A description of the specific operational challenges facing + the United States military in the Horn of Africa and the Middle + East in the event that access to the Port of Djibouti becomes + limited or lost in its entirety, as well as a description of any + contingency plans in the event of such scenarios. + (4) An identification of the measures in place to mitigate risk + of escalation between United States and Chinese military assets in + Djibouti or any additional mechanisms that may be advisable. + (5) Any other matters the Secretary of Defense considers + appropriate. + (c) Form.--The report required under subsection (a) shall be +submitted in unclassified form, but may include a classified annex. +SEC. 1271. RULE OF CONSTRUCTION ON THE PERMANENT STATIONING OF UNITED +STATES ARMED FORCES IN SOMALIA. + Nothing in this Act may be construed to authorize the permanent +stationing of members of the Armed Forces in Somalia. +SEC. 1272. DEFENSE AND DIPLOMATIC STRATEGY FOR LIBYA. + (a) Report Required.--Not later than 270 days after the date of +enactment of this Act, the Secretary of Defense and the Secretary of +State shall jointly submit to the appropriate congressional committees +a report that contains a description of the United States defense and +diplomatic strategy for Libya. + (b) Elements.--The report required by subsection (a) shall include +the following elements: + (1) An explanation of the defense and diplomatic strategy for + Libya, including a description of the ends, ways, and means + inherent to the strategy, and the role of the Armed Forces in + supporting the strategy. + (2) An explanation of the policy and legal authorities of the + Department of Defense and the Department of State required to + support the strategy. + (3) A detailed description of Department of Defense security + partnerships with Libyan actors. + (4) A detailed description of Libyan and external security + actors and an assessment of how those actors advance or undermine + stability in Libya and United States strategic interests in Libya, + including United States interests in a political settlement to the + conflict in Libya. + (5) A detailed description of the military activities of + external actors in Libya, including assessments of whether those + activities-- + (A) have undermined progress towards stabilization of + Libya, including the United Nations-led negotiations; + (B) involve United States-origin equipment and violate + contractual conditions of acceptable use of such equipment; or + (C) violate or seek to violate the United Nations arms + embargo on Libya imposed pursuant to United Nations Security + Council Resolution 1970 (2011). + (6) A description of any plans to integrate the United States + defense and diplomatic resources necessary to implement the + strategy. + (7) Any other matters the Secretaries considers appropriate. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on Foreign + Relations, and the Committee on Appropriations of the Senate; and + (2) the Committee on Armed Services, the Committee on Foreign + Affairs, and the Committee on Appropriations of the House of + Representatives. +SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED STATES +AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL WAR IN YEMEN. + For the two-year period beginning on the date of the enactment of +this Act, the Department of Defense may not provide in-flight refueling +pursuant to section 2342 of title 10, United States Code, or any other +applicable statutory authority, to non-United States aircraft that +engage in hostilities in the ongoing civil war in Yemen unless and +until a declaration of war or a specific statutory authorization for +such use of United States Armed Forces has been enacted. +SEC. 1274. REPORT ON SAUDI-LED COALITION STRIKES IN YEMEN. + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, and annually thereafter for two years, the +Secretary of Defense, in consultation with the Secretary of State and +the Director of National Intelligence, shall submit to the appropriate +congressional committees a report on civilian casualties caused by the +Saudi-led coalition and by the Houthis as part of the civil war in +Yemen. + (b) Matters to Be Included.--Each such report shall contain the +following: + (1) An estimate of the number of civilian casualties resulting + from operations by the Saudi-led coalition and by the Houthis + during the preceding year. + (2) An assessment of whether members of the Saudi-led coalition + and the Houthis followed the norms and practices the United States + military employs to avoid civilian casualties and ensure + proportionality. + (3) An assessment of whether operations executed by members of + the Saudi-led coalition and by the Houthis are in compliance with + the United States' interpretation of the laws governing armed + conflict and proportionality. + (4) Any other matters the Secretary determines to be relevant. + (c) Appropriate Congressional Committee Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; and + (2) the Committee on Foreign Relations and the Select Committee + on Intelligence of the Senate; and + (3) the Committee on Foreign Affairs and the Permanent Select + Committee on Intelligence of the House of Representatives. +SEC. 1275. REPORTS ON EXPENSES INCURRED FOR IN-FLIGHT REFUELING OF +SAUDI COALITION AIRCRAFT CONDUCTING MISSIONS RELATING TO CIVIL WAR IN +YEMEN. + (a) Reports Required.-- + (1) In general.--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 committees of + Congress detailing 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 during the period of March 1, 2015, through + November 11, 2018, and the extent to which such expenses have been + reimbursed by members of the Saudi-led coalition. + (2) Elements.--Each report required under paragraph (1) shall + include the following: + (A) 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. + (B) The amount of the expenses described in subparagraph + (A) that has been reimbursed by each member of the Saudi-led + coalition. + (C) Any action taken by the United States to recoup the + remaining expenses described in subparagraph (A), including any + commitments by members of the Saudi-led coalition to reimburse + the United States for such expenses. + (3) Sunset.--The reporting requirement under paragraph (1) + shall cease to be effective on the date on which the Secretary + certifies to the appropriate committees of Congress that all + 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 during the period of March 1, 2015, through November 11, + 2018, have been reimbursed. + (b) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services of the Senate; + (2) the Committee on Armed Services of the House of + Representatives; + (3) the Committee on Foreign Relations of the Senate; and + (4) the Committee on Foreign Affairs of the House of + Representatives. +SEC. 1276. REPORT ON SAUDI ARABIA'S HUMAN RIGHTS RECORD. + (a) In General.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of State shall submit to the +appropriate congressional committees a report in writing that-- + (1) 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, human rights defenders, + and those who support women's rights or religious freedom; + (2) describes violations of human rights in Saudi Arabia by + officials of the Government of Saudi Arabia, including against + journalists, bloggers, human rights defenders, and civil society + activists; + (3) describes United States actions to address Saudi violations + of human rights, including against journalists, bloggers, human + rights defenders, and civil society activists, including demands + for clemency review of these cases; + (4) describes any intolerant content in educational materials + published by Saudi Arabia's Ministry of Education that are used in + schools both inside Saudi Arabia and at schools throughout the + world; and + (5) describes United States actions to encourage Saudi Arabia + to retrieve and destroy materials with intolerant material and + revise teacher manuals and retrain teachers to reflect changes in + educational materials and promote tolerance. + (b) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (c) Appropriate Congressional Committees Defined.--In the section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Relations and the Select Committee + on Intelligence of the Senate; and + (2) the Committee on Foreign Affairs and the Permanent Select + Committee on Intelligence of the House of Representatives. +SEC. 1277. REPORT ON INTELLIGENCE COMMUNITY ASSESSMENT RELATING TO THE +KILLING OF WASHINGTON POST COLUMNIST 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 the appropriate congressional committees a report consisting +of-- + (1) a determination and presentation of evidence with respect + to the advance knowledge and role of any current or former official + of the Government of Saudi Arabia or any current or former senior + Saudi political figure over the directing, ordering, or tampering + of evidence in the killing of Washington Post columnist Jamal + Khashoggi; and + (2) a list of foreign persons that the Director of National + Intelligence has high confidence-- + (A) were responsible for, or complicit in, ordering, + controlling, or otherwise directing an act or acts contributing + to or causing the death of Jamal Khashoggi; + (B) knowingly and materially assisted, sponsored, or + provided financial, material, or technological support for, or + goods or services in support of, an activity described in + subparagraph (A); or + (C) impeded the impartial investigation of the killing of + Jamal Khashoggi, including through the tampering of evidence + relating to the investigation. + (b) Form.-- + (1) In general.--The report required by subsection (a) shall be + submitted in unclassified form, but may include a classified annex. + (2) Names of foreign persons listed.--The name of each foreign + person listed in the report described in subsection (a)(2) shall be + included in the unclassified portion of the report unless the + Director of National Intelligence determines that such disclosure + would undermine United States intelligence sources and methods or + threaten the national security interests of the United States. + (c) Defined.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs and the Permanent + Select Committee on Intelligence of the House of + Representatives; and + (B) the Committee on Foreign Relations and the Select + Committee on Intelligence of the Senate. + (2) Knowingly.--The term ``knowingly'', with respect to + conduct, a circumstance, or a result, means that a person has + actual knowledge, or should have known, of the conduct, the + circumstance, or the result. +SEC. 1278. UNITED STATES-ISRAEL COOPERATION TO COUNTER UNMANNED AERIAL +SYSTEMS. (a) Authority to Establish Capabilities to Counter Unmanned Aerial Systems.-- - (1) In general.--The Secretary of Defense, upon request of - the Ministry of Defense of Israel and in consultation with the - Secretary of State and the Director of National Intelligence, - is authorized to carry out research, development, test, and - evaluation, on a joint basis with Israel, to establish - capabilities for countering unmanned aerial systems that - threaten the United States or Israel. Any activities carried - out pursuant to such authority shall be conducted in a manner - that appropriately protects sensitive technology and - information and the national security interests of the United - States and Israel. - (2) Report.--The activities described in paragraph (1) and - subsection (b) may not be carried out until after the Secretary - of Defense submits to the appropriate committees of Congress a - report setting forth the following: - (A) A memorandum of agreement between the United - States and Israel regarding sharing of research and - development costs for the capabilities described in - paragraph (1), and any supporting documents. - (B) A certification that the memorandum of - agreement-- - (i) requires sharing of costs of projects, - including in-kind support, between the United - States and Israel; - (ii) establishes a framework to negotiate - the rights to any intellectual property - developed under the memorandum of agreement; - and - (iii) requires the United States Government - to receive semiannual reports on expenditure of - funds, if any, by the Government of Israel, - including a description of what the funds have - been used for, when funds were expended, and an - identification of entities that expended the - funds. + (1) In general.--The Secretary of Defense, upon request of the + Ministry of Defense of Israel and in consultation with the + Secretary of State and the Director of National Intelligence, is + authorized to carry out research, development, test, and evaluation + activities, on a joint basis with Israel, to establish capabilities + for countering unmanned aerial systems that threaten the United + States or Israel. Any activities carried out pursuant to such + authority shall be conducted in a manner that appropriately + protects sensitive technology and information and the national + security interests of the United States and Israel. + (2) Report.--The activities described in paragraph (1) and + subsection (b) may not be carried out until after the Secretary of + Defense submits to the appropriate committees of Congress a report + setting forth the following: + (A) A memorandum of agreement between the United States and + Israel regarding sharing of research and development costs for + the capabilities described in paragraph (1), and any supporting + documents. + (B) A certification that the memorandum of agreement-- + (i) requires sharing of costs of projects, including + in-kind support, between the United States and Israel; + (ii) establishes a framework to negotiate the rights to + any intellectual property developed under the memorandum of + agreement; and + (iii) requires the United States Government to receive + semiannual reports on expenditure of funds, if any, by the + Government of Israel, including a description of what the + funds have been used for, when funds were expended, and an + identification of entities that expended the funds. (b) Support in Connection With the Program.-- - (1) In general.--The Secretary of Defense is authorized to - provide maintenance and sustainment support to Israel for the - research, development, test, and evaluation activities - authorized in subsection (a)(1). Such authority includes - authority to install equipment necessary to carry out such - research, development, test, and evaluation. - (2) Report.--Support may not be provided under paragraph - (1) until 15 days after the Secretary submits to the - appropriate committees of Congress a report setting forth a - detailed description of the support to be provided. - (3) Matching contribution.-- - (A) In general.--Except as provided in subparagraph - (B), support may not be provided under this subsection - unless the Government of Israel contributes an amount - not less than the amount of support to be so provided - to the program, project, or activity for which the - support is to be so provided in the calendar year in - which the support is provided. - (B) Exception.--Subject to paragraph (4), the - Secretary may use amounts available to the Secretary in - excess of the amount contributed by the Government of - Israel to provide support under this subsection for - costs associated with any unique national requirement - identified by the United States with respect to - countering unmanned aerial systems. - (4) Annual limitation on amount.--The amount of support - provided under this subsection in any year may not exceed - $25,000,000. - (5) Use of certain amounts for rdt&e activities in the - united states.--Of the amount provided by the United States in - support under paragraph (1), not less than 50 percent of such - amount shall be used for research, development, test, and - evaluation activities in the United States in connection with - such support. + (1) In general.--The Secretary of Defense is authorized to + provide maintenance and sustainment support to Israel for the + research, development, test, and evaluation activities authorized + in subsection (a)(1). Such authority includes authority to install + equipment necessary to carry out such research, development, test, + and evaluation activities. + (2) Report.--Support may not be provided under paragraph (1) + until 15 days after the Secretary submits to the appropriate + committees of Congress a report setting forth a detailed + description of the support to be provided. + (3) Matching contribution.-- + (A) In general.--Except as provided in subparagraph (B), + support may not be provided under this subsection unless the + Government of Israel contributes an amount not less than the + amount of support to be so provided to the program, project, or + activity for which the support is to be so provided in the + calendar year in which the support is provided. + (B) Exception.--Subject to paragraph (4), the Secretary may + use amounts available to the Secretary in excess of the amount + contributed by the Government of Israel to provide support + under this subsection for costs associated with any unique + national requirement identified by the United States with + respect to countering unmanned aerial systems. + (4) Annual limitation on amount.--The amount of support + provided under this subsection in any year may not exceed + $25,000,000. + (5) Use of certain amounts for rdt&e activities in the united + states.--Of the amount provided by the United States in support + under paragraph (1), not less than 50 percent of such amount shall + be used for research, development, test, and evaluation activities + in the United States in connection with such support. (c) Lead Agency.--The Secretary of Defense shall designate an appropriate research and development entity of a military department as the lead agency of the Department of Defense in carrying out this @@ -14680,272 +27963,414 @@ the Government of Israel to the Department of Defense pursuant to subsection (a)(2)(B)(iii). (e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- - (1) the Committee on Armed Services, the Committee on - Foreign Relations, the Committee on Homeland Security, the - Committee on Appropriations, and the Select Committee on - Intelligence of the Senate; and - (2) the Committee on Armed Services, the Committee on - Foreign Affairs, the Committee on Homeland Security, the - Committee on Appropriations, and the Permanent Select Committee - on Intelligence of the House of Representatives. + (1) the Committee on Armed Services, the Committee on Foreign + Relations, the Committee on Homeland Security, the Committee on + Appropriations, and the Select Committee on Intelligence of the + Senate; and + (2) the Committee on Armed Services, the Committee on Foreign + Affairs, the Committee on Homeland Security, the Committee on + Appropriations, and the Permanent Select Committee on Intelligence + of the House of Representatives. (f) Sunset.--The authority in this section to carry out activities described in subsection (a), and to provide support described in subsection (b), shall expire on December 31, 2024. +SEC. 1279. EXTENSION AND MODIFICATION OF AUTHORITY FOR UNITED STATES- +ISRAEL ANTI-TUNNEL COOPERATION ACTIVITIES. + (a) Modification of Authority.--Subsection (a) of section 1279 of +the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. +8606 note) is amended, in the first sentence, by striking ``and to +establish capabilities for countering unmanned aerial systems''. + (b) Exception to Matching Contribution Requirement.--Subsection +(b)(3) of such section is amended-- + (1) by striking ``Support'' and inserting the following: + ``(A) In general.--Except as provided in subparagraph (B), + support''; and + (2) by adding at the end the following: + ``(B) Exception.--Subject to paragraph (4), the Secretary + may use amounts available to the Secretary in excess of the + amount contributed by the Government of Israel to provide + support under this subsection for costs associated with any + unique national requirement identified by the United States + with respect to anti-tunnel capabilities.''. + (c) Extension.--Subsection (f) of such section is amended by +striking ``December 31, 2020'' and inserting ``December 31, 2024''. +SEC. 1280. REPORT ON COST IMPOSITION STRATEGY. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense, in consultation with +the heads of other Federal departments and agencies, as appropriate, +shall submit to the congressional defense committees a report +describing the cost imposition strategies of the Department of Defense +with respect to the People's Republic of China and the Russian +Federation. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) A description of the manner in which the future-years + defense program and current operational concepts of the Department + are designed to impose costs on the People's Republic of China and + the Russian Federation, including-- + (A) political, economic, budgetary, human capital, and + technology costs; and + (B) costs associated with military efficiency and + effectiveness. + (2) A description of the policies and processes of the + Department relating to the development and execution of cost + imposition strategies. + (c) Form.--The report under subsection (a) shall be submitted in +classified form, and shall include an unclassified summary. +SEC. 1281. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL +SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY +THREATS. + (a) In General.--Subsection (a) of section 1286 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232) is amended, in the matter preceding paragraph (1), by +striking ``academic institutions'' and inserting ``institutions of +higher education''. + (b) Additional Requirements.--Subsection (c) of such section is +amended-- + (1) by amending paragraph (2) to read as follows: + ``(2) Training developed and delivered in consultation with + institutions of higher education and appropriate Government + agencies, and other support to institutions of higher education, to + promote security and limit undue influence on institutions of + higher education and personnel, including Department of Defense + financial support to carry out such activities, that-- + ``(A) emphasizes best practices for protection of sensitive + national security information; and + ``(B) includes the dissemination of unclassified materials + and resources for identifying and protecting against emerging + threats to institutions of higher education, including specific + counterintelligence information and advice developed + specifically for faculty and academic researchers based on + actual identified threats.''; + (2) in paragraph (3), by striking ``and academic + institutions''; + (3) in paragraph (7), by striking ``academic institution'' and + inserting ``institution of higher education''; and + (4) by adding at the end the following new paragraph: + ``(8) A list, developed and continuously updated in + consultation with the Bureau of Industry and Security of the + Department of Commerce, the Director of National Intelligence, + United States institutions of higher education that conduct + significant Department of Defense research or engineering + activities, and other appropriate individuals and organizations, of + academic institutions of the People's Republic of China, the + Russian Federation, and other countries, that-- + ``(A) have a history of improper technology transfer, + intellectual property theft, or cyber or human espionage; + ``(B) operate under the direction of the military forces or + intelligence agency of the applicable country; + ``(C) are known-- + ``(i) to recruit foreign individuals for the purpose of + transferring knowledge to advance military or intelligence + efforts; or + ``(ii) to provide misleading information or otherwise + attempt to conceal the connections of an individual or + institution to a defense or an intelligence agency of the + applicable country; or + ``(D) pose a serious risk of improper technology transfer + of data, technology, or research that is not published or + publicly available.''. + (c) Procedures for Enhanced Information Sharing.--Subsection (d) of +such section is amended to read as follows: + ``(d) Procedures for Enhanced Information Sharing.-- + ``(1) In general.--Not later than October 1, 2020, for the + purpose of maintaining appropriate security controls over research + activities, technical information, and intellectual property, the + Secretary, in conjunction with appropriate public and private + entities, shall establish streamlined procedures to collect + appropriate information relating to individuals, including United + States citizens and foreign nationals, who participate in defense + research and development activities (other than basic research). + ``(2) Protection from release.--The procedures required by + paragraph (1) shall include procedures to protect such information + from release, consistent with applicable regulations. + ``(3) Reporting to government information systems and + repositories.--The procedures required by paragraph (1) may include + procedures developed, in coordination with appropriate public and + private entities, to report such information to existing Government + information systems and repositories.''. + (d) Annual Report.--Subsection (e) of such section is amended-- + (1) in the subsection heading, by inserting ``Annual'' before + ``Report''; + (2) in paragraph (1), by striking ``one year after the date of + the enactment'' and all that follows through ``the Secretary'' and + inserting ``April 30, 2020, and annually thereafter, the Secretary, + acting through appropriate Government officials (including the + Under Secretary for Research and Engineering),''; and + (3) in paragraph (2), by adding at the end the following new + subparagraph: + ``(F) Identification of any incident relating to undue + influence to security threats to academic research activities + funded by the Department of Defense, including theft of + property or intellectual property relating to a project funded + by the Department at an institution of higher education.''. +SEC. 1282. MODIFICATION OF RESPONSIBILITY FOR POLICY ON CIVILIAN +CASUALTY MATTERS. + Section 936 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 134 note) is +amended-- + (1) in subsection (b)-- + (A) in paragraph (3), by inserting ``appropriate to the + specific regional circumstances'' after ``publicly available + means''; + (B) in paragraph (5)-- + (i) in subparagraph (A), by inserting ``, including for + acknowledging the status of any individuals killed or + injured who were believed to be enemy combatants, but + subsequently determined to be non-combatants'' after + ``operations''; and + (ii) in subparagraph (B)-- + + (I) by inserting ``or other assistance'' after + ``payments''; and + (II) by striking ``necessary'' and inserting + ``reasonable and culturally appropriate''; and + + (C) in paragraph (7), by striking ``and'' at the end; + (D) by redesignating paragraph (8) as paragraph (9); and + (E) by inserting after paragraph (7) the following: + ``(8) cultivating, developing, retaining, and disseminating-- + ``(A) lessons learned for integrating civilian protection + into operational planning and identifying the proximate cause + or causes of civilian casualties; and + ``(B) practices developed to prevent, mitigate, or respond + to such casualties;''; + (2) by redesignating subsection (c) as subsection (d); + (3) by inserting after subsection (b) the following: + ``(c) Coordination.--The senior civilian official designated under +subsection (a) shall develop and implement steps to increase +coordination with the relevant Chiefs of Mission and other appropriate +positions in the Department of State with respect to the policies +required pursuant to subsection (a) and other matters or assistance +related to civilian harm, resulting from military operations.''; and + (4) by inserting after subsection (d), as so redesignated, the + following: + ``(e) Briefing.--Not later than 180 days after the date of the +enactment of this subsection, the senior civilian official designated +under subsection (a) shall provide to the congressional defense +committees a briefing on-- + ``(1) the updates made to the policy developed by the senior + civilian official pursuant to this section; and + ``(2) the efforts of the Department to implement such + updates.''. +SEC. 1283. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES WITH +CERTAIN BENEFICIAL OWNERSHIP STRUCTURES. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Commerce, in consultation with +the heads of appropriate agencies, shall submit to the appropriate +congressional committees a report on addressing the threat or potential +threat posed by the export, reexport, or in-country transfer of +satellites described in section 1261(c)(1) of the National Defense +Authorization Act for Fiscal Year 2013 (Public Law 112-239; 22 U.S.C. +2778 note) to entities described in subsection (b). + (b) Entities Described.-- + (1) In general.--An entity described in this subsection is an + entity the beneficial owner of which is-- + (A) an individual who is a citizen or national of a country + described in section 1261(c)(2) of the National Defense + Authorization Act for Fiscal Year 2013; + (B) an entity organized under the laws of or otherwise + subject to the jurisdiction of such a country; + (C) the government of such a country; or + (D) any other individual or entity the Secretary determines + would detrimentally affect the national security of the United + States. + (2) Determination of beneficial ownership.--For purposes of + paragraph (1), the Secretary shall identify a person as the + beneficial owner of an entity-- + (A) in a manner that is not less stringent than the manner + set forth in section 240.13d-3 of title 17, Code of Federal + Regulations (as in effect on the date of the enactment of this + Act); and + (B) based on a threshold, to be determined by the + Secretary, based on an assessment of whether the person's + position would give the person an opportunity to control the + use of a satellite described in section 1261(c)(1) of the + National Defense Authorization Act for Fiscal Year 2013 and + exported, reexported, or transferred in country to the entity. + (c) Elements.--The report required by subsection (a) shall include +the following: + (1) An evaluation of whether satellites described in section + 1261(c)(1) of the National Defense Authorization Act for Fiscal + Year 2013 have been exported, reexported, or transferred in- + country, directly or indirectly, to entities described in + subsection (b). + (2) An examination of the effect on national security of the + potential export, reexport, or in-country transfer of satellites in + compliance with section 1261(c) of the National Defense + Authorization Act for Fiscal Year 2013 in circumstances in which + the services, bandwidth, or functions of the satellites could + subsequently be leased or sold to, or otherwise used by, an entity + described in subsection (b). + (3) An examination of the effect on national security of not + limiting the export, reexport, or in-country transfer of such + satellites to entities described in subsection (b). + (4) Recommendations for, and an assessment of the effectiveness + of, a licensing condition that would prohibit or limit the export, + reexport, or in-country transfer of such satellites to, or the use + of such satellites by, entities described in subsection (b). + (5) An assessment, based on realistic and justifiable + assumptions and forecasts, of the economic implications of and + potential harm caused by a licensing condition described in + paragraph (4) on the United States industries that develop or + produce satellites and commercial telecommunications equipment that + do not have direct national security ties. + (6) An evaluation of the resources necessary to ensure the + ability of the Bureau of Industry and Security of the Department of + Commerce-- + (A) to adequately identify and analyze the beneficial + owners of entities in decisions relating to-- + (i) issuing licenses for the export, reexport, or in- + country transfer of such satellites to such entities; or + (ii) the ultimate end uses and end-users of such + satellites; and + (B) when evaluating such a decision-- + (i) to have full knowledge of the potential end-user of + the satellite and the current beneficial owner of the + entity; and + (ii) to be able to determine whether issuing the + license would be inconsistent with the goal of preventing + entities described in subsection (b) from accessing or + using such satellites. + (d) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (e) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services, the Committee on Banking, + Housing, and Urban Affairs, the Committee on Commerce, Science, and + Transportation, the Committee on Foreign Relations, and the Select + Committee on Intelligence of the Senate; and + (2) the Committee on Armed Services, the Committee on Financial + Services, the Committee on Energy and Commerce, the Committee on + Foreign Affairs, and the Permanent Select Committee on Intelligence + of the House of Representatives. +SEC. 1284. RULE OF CONSTRUCTION RELATING TO THE USE OF MILITARY FORCE. + Nothing in this Act, or any amendment made by this Act, may be +construed to authorize the use of military force, including the use of +military force against Iran or any other country. +SEC. 1285. REPORTS AND BRIEFINGS ON USE OF MILITARY FORCE AND SUPPORT +OF PARTNER FORCES. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and every 180 days thereafter, the President +shall submit to the congressional defense committees, the Committee on +Foreign Relations of the Senate, and the Committee on Foreign Affairs +of the House of Representatives a report on actions taken pursuant to +the Authorization for Use of Military Force (Public Law 107-40) against +those countries or organizations described in such law, as well as any +actions taken to command, coordinate, participate in the movement of, +or accompany the regular or irregular military forces of any foreign +country or government when such forces are engaged in hostilities or in +situations where imminent involvement in hostilities is clearly +indicated by the circumstances, during the preceding 180-day period. + (b) Matters to Be Included.--The report required by subsection (a) +shall include, with respect to the time period for which the report was +submitted, the following: + (1) A list of each country or organization with respect to + which force has been used pursuant to the Authorization for Use of + Military Force, including the legal and factual basis for the + determination that authority under such law applies with respect to + each such country or organization. + (2) An intelligence assessment of the risk to the United States + posed by each such country or organization. + (3) A list of each country in which operations were conducted + pursuant to such law and a description of the circumstances + necessitating the use of force pursuant to such law, including + whether the country is designated as an area of active hostilities. + (4) A general description of the status of operations conducted + pursuant to such law as well as a description of the expected scope + and duration of such operations. + (5) A list of each partner force and country with respect to + which United States Armed Forces have commanded, coordinated, + participated in the movement of, or accompanied the regular or + irregular forces of any foreign country or government that have + engaged in hostilities or there existed an imminent threat that + such forces would become engaged in hostilities, including-- + (A) a delineation of any such instances in which such + United States Armed Forces were or were not operating under the + Authorization for Use of Military Force; and + (B) a determination of whether the foreign forces, + irregular forces, groups, or individuals against which such + hostilities occurred are covered by such law. + (6) A description of the actual and proposed contributions, + including financing, equipment, training, troops, and logistical + support, provided by each foreign country that participates in any + international coalition with the United States to combat a country + or organization described in the Authorization for Use of Military + Force. + (c) Form.--The information required under paragraphs (1) and (2) of +subsection (b) shall be submitted in unclassified form. + (d) Other Reports.--If United States Armed Forces are introduced +into hostilities, or into situations where imminent involvement in +hostilities is clearly indicated by the circumstances, against any +country, organization, or person pursuant to statutory or +constitutional authorities other than Authorization for Use of Military +Force, the President shall comply with the reporting requirements +under-- + (1) this section to the same extent and in the same manner as + if such actions had been taken under Authorization for Use of + Military Force; + (2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and + (3) any other applicable provision of law. + (e) Briefings.--At least once during each 180-day period described +in subsection (a), the President shall provide to the congressional +defense committees, the Committee on Foreign Relations of the Senate, +and the Committee on Foreign Affairs of the House of Representatives a +briefing on the matters covered by the report required under this +section for such period. -SEC. 1285. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL - SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND - OTHER SECURITY THREATS. - - Section 1286(c) of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended -by adding at the end the following new paragraph: - ``(8) A list, developed in consultation with the Bureau of - Industry and Security of the Department of Commerce, the - Director of National Intelligence, and United States academic - institutions that conduct significant Department of Defense - research or engineering activities, of academic institutions of - the People's Republic of China and the Russian Federation - that-- - ``(A) are associated with a defense program of the - People's Republic of China or the Russian Federation, - including any university heavily engaged in military - research; - ``(B) are known-- - ``(i) to recruit individuals for the - purpose of advancing the talent and - capabilities of such a defense program; or - ``(ii) to provide misleading transcripts or - otherwise attempt to conceal the connections of - an individual or institution to such a defense - program; or - ``(C) pose a serious risk of intangible transfers - of defense or engineering technology and research.''. - -SEC. 1286. INDEPENDENT ASSESSMENT OF HUMAN RIGHTS SITUATION IN - HONDURAS. - - (a) Assessment Required.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of Defense shall - select and enter into an agreement with an independent think - tank or a federally funded research and development center to - conduct an analysis and assessment of the compliance of the - military and security forces of Honduras with international - human rights laws and standards. - (2) Matters to be included.--The assessment under paragraph - (1) shall include the following: - (A) A description of the military-to-military - activities between the United States and Honduras, - including the manner in which Department of Defense - engagement with the military and security forces of - Honduras supports the National Defense Strategy. - (B) An analysis and assessment of the activities of - the military and security forces of Honduras with - respect to human rights activists. - (C) With respect to United States national security - interests, an analysis and assessment of the challenges - posed by corruption within the military and security - forces of Honduras. - (D) An analysis of-- - (i) the security assistance provided to - Honduras by the Department of Defense during - the 7-year period preceding the date of the - enactment of this Act; and - (ii) the extent to which such assistance - has improved accountability, transparency, and - compliance to international human rights laws - and standards in the security and military - operations of the Government of Honduras. - (E) Recommendations on the development of future - security assistance to Honduras that prioritizes-- - (i) compliance of the military and security - forces of Honduras with human rights laws and - standards; - (ii) citizen security; and - (iii) the advancement of United States - national security interests with respect to - countering the proliferation of illegal - narcotics flows through Honduras. - (F) Any other matters the Secretary considers - necessary and relevant to United States national - security interests. - (b) Report.--Not later than 270 days after the date of the -enactment of this Act, the entity selected under subsection (a) shall -submit to the appropriate committees of Congress a report on the -results of the assessment conducted under that subsection. - (c) Department of Defense Support.--The Secretary shall provide the -entity selected under subsection (a) with timely access to appropriate -information, data, and analyses necessary to carry out the assessment -in a thorough and independent manner. - (d) 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. - -SEC. 1287. UNITED STATES CENTRAL COMMAND POSTURE REVIEW. - - (a) Comprehensive Review Required.-- - (1) In general.--To clarify the near-term policy and - strategy of the United States under the National Defense - Strategy with respect to United States Central Command, the - Secretary of Defense, in consultation with the Secretary of - State and the Director of National Intelligence, as - appropriate, shall conduct a comprehensive review of United - States military force posture and capabilities in the United - States Central Command area of responsibility during the - posture review period. - (2) Elements.--The review conducted under paragraph (1) - shall include, for the posture review period, the following - elements: - (A) An assessment of the threats and challenges in - the United States Central Command area of - responsibility, including threats and challenges posed - to United States interests by near-peer competitors. - (B) An explanation of the policy and strategic - frameworks for addressing the threats and challenges - identified under subparagraph (A). - (C) An identification of current and future United - States military force posture and capabilities - necessary to counter threats, deter conflict, and - defend United States national security interests in the - United States Central Command area of responsibility. - (D) An assessment of the basing, cooperative - security locations, and other infrastructure necessary - to support steady state operations in support of the - theater campaign plan and potential contingencies that - may arise in or affect the United States Central - Command area of responsibility, including any potential - efficiencies and risk mitigation measures to be taken. - (E) A description of methods to mitigate risk that - may result from adjustments to United States military - force posture and capabilities deployed in the United - States Central Command area of responsibility. - (F) An explanation of the manner in which a - modernized global operating model or dynamic force - employment approach may yield efficiencies and increase - strategic flexibility while achieving United States - military objectives in the United States Central - Command area of responsibility. - (G) An articulation of the United States - nonmilitary efforts and activities necessary to enable - the achievement of United States national security - interests in the United States Central Command area of - responsibility. - (H) Any other matter the Secretary considers - relevant. - (b) Report.-- - (1) In general.--Not later than 270 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the congressional defense committees a report on the - results of the review conducted under subsection (a). - (2) Form.--The report under paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. - (c) Posture Review Period Defined.--In this section, the term -``posture review period'' means the period beginning on the date that -is five years after the date of the enactment of this Act and ending on -the date that is 15 years after such date of enactment. - -SEC. 1288. REPORTS ON EXPENSES INCURRED FOR IN-FLIGHT REFUELING OF - SAUDI COALITION AIRCRAFT CONDUCTING MISSIONS RELATING TO - CIVIL WAR IN YEMEN. + TITLE XIII--COOPERATIVE THREAT REDUCTION - (a) Reports Required.-- - (1) In general.--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 - committees of Congress detailing 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 during - the period of March 1, 2015, through November 11, 2018, and the - extent to which such expenses have been reimbursed by members - of the Saudi-led coalition. - (2) Elements.--Each report required under paragraph (1) - shall include the following: - (A) 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. - (B) The amount of the expenses described in - subparagraph (A) that has been reimbursed by each - member of the Saudi-led coalition. - (C) Any action taken by the United States to recoup - the remaining expenses described in subparagraph (A), - including any commitments by members of the Saudi-led - coalition to reimburse the United States for such - expenses. - (3) Sunset.--The reporting requirement under paragraph (1) - shall cease to be effective on the date on which the Secretary - certifies to the appropriate committees of Congress that all - 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 during the period of March 1, 2015, through November 11, - 2018, have been reimbursed. - (b) Appropriate Committees of Congress Defined.--In this section, -the term ``appropriate committees of Congress'' means-- - (1) the Committee on Armed Services of the Senate; - (2) the Committee on Armed Services of the House of - Representatives; - (3) the Committee on Foreign Relations of the Senate; and - (4) the Committee on Foreign Affairs of the House of - Representatives. +Sec. 1301. Funding allocations; specification of cooperative threat + reduction funds. +SECTION 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE THREAT +REDUCTION FUNDS. + (a) Funding Allocations.--Of the $338,700,000 authorized to be +appropriated to the Department of Defense for fiscal year 2010 in +section 301 and made available by the funding table in division D for +the Department of Defense Cooperative Threat Reduction Program +established under section 1321 of the Department of Defense Cooperative +Threat Reduction Act (50 U.S.C. 3711), the following amounts may be +obligated for the purposes specified: + (1) For strategic offensive arms elimination, $492,000. + (2) For chemical weapons destruction, $12,856,000. + (3) For global nuclear security, $33,919,000. + (4) For cooperative biological engagement, $183,642,000. + (5) For proliferation prevention, $79,869,000. + (6) For activities designated as Other Assessments/ + Administrative Costs, $27,922,000. + (b) Specification of Cooperative Threat Reduction Funds.--Funds +appropriated pursuant to the authorization of appropriations in section +301 and made available by the funding table in division D for the +Department of Defense Cooperative Threat Reduction Program shall be +available for obligation for fiscal years 2020, 2021, and 2022. -SEC. 1289. SENSE OF SENATE ON SECURITY CONCERNS WITH RESPECT TO LEASING - ARRANGEMENTS FOR THE PORT OF HAIFA IN ISRAEL. + TITLE XIV--OTHER AUTHORIZATIONS - It is the sense of the Senate that the United States-- - (1) has an interest in the future forward presence of - United States naval vessels at the Port of Haifa in Israel but - has serious security concerns with respect to the leasing - arrangements of the Port of Haifa as of the date of the - enactment of this Act; and - (2) should urge the Government of Israel to consider the - security implications of foreign investment in Israel. + Subtitle A--Military Programs - TITLE XIII--COOPERATIVE THREAT REDUCTION +Sec. 1401. Working capital funds. +Sec. 1402. Chemical agents and munitions destruction, defense. +Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. +Sec. 1404. Defense inspector general. +Sec. 1405. Defense health program. -SEC. 1301. FUNDING ALLOCATIONS FOR DEPARTMENT OF DEFENSE COOPERATIVE - THREAT REDUCTION PROGRAM. - - (a) In General.--Of the $338,700,000 authorized to be appropriated -to the Department of Defense for fiscal year 2020 in section 301 and -made available by the funding table in division D for the Department of -Defense Cooperative Threat Reduction Program established under section -1321 of the Department of Defense Cooperative Threat Reduction Act (50 -U.S.C. 3711), the following amounts may be obligated for the purposes -specified: - (1) For strategic offensive arms elimination, $492,000. - (2) For chemical weapons destruction, $12,856,000. - (3) For global nuclear security, $33,919,000. - (4) For biological threat reduction, $183,642,000. - (5) For proliferation prevention, $79,869,000. - (6) For activities designated as Other Assessments/ - Administrative Costs, $27,922,000. - (b) Availability of Funds.--Funds appropriated pursuant to the -authorization of appropriations in section 301 and made available by -the funding table in division D for the Department of Defense -Cooperative Threat Reduction Program shall be available for obligation -for fiscal years 2020, 2021, and 2022. + Subtitle B--Other Matters - TITLE XIV--OTHER AUTHORIZATIONS +Sec. 1411. Authority for transfer of funds to joint Department of + Defense-Department of Veterans Affairs Medical Facility + Demonstration Fund for Captain James A. Lovell Health Care + Center, Illinois. +Sec. 1412. Authorization of appropriations for Armed Forces Retirement + Home. Subtitle A--Military Programs SEC. 1401. WORKING CAPITAL FUNDS. - Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501. - SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Chemical Agents and @@ -14953,128 +28378,33 @@ Munitions Destruction, Defense, as specified in the funding table in section 4501. (b) Use.--Amounts authorized to be appropriated under subsection (a) are authorized for-- - (1) the destruction of lethal chemical agents and munitions - in accordance with section 1412 of the Department of Defense - Authorization Act, 1986 (50 U.S.C. 1521); and - (2) the destruction of chemical warfare materiel of the - United States that is not covered by section 1412 of such Act. - + (1) the destruction of lethal chemical agents and munitions in + accordance with section 1412 of the Department of Defense + Authorization Act, 1986 (50 U.S.C. 1521); and + (2) the destruction of chemical warfare materiel of the United + States that is not covered by section 1412 of such Act. SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. - Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501. - SEC. 1404. DEFENSE INSPECTOR GENERAL. - Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. - SEC. 1405. DEFENSE HEALTH PROGRAM. - Funds are hereby authorized to be appropriated for fiscal year 2020 -for the Defense Health Program, as specified in the funding table in -section 4501, for use of the Armed Forces and other activities and -agencies of the Department of Defense in providing for the health of -eligible beneficiaries. - - Subtitle B--National Defense Stockpile - -SEC. 1411. MODIFICATION OF PROHIBITION ON ACQUISITION OF SENSITIVE - MATERIALS FROM NON-ALLIED FOREIGN NATIONS. - - (a) Expansion of Materials Covered by Prohibition on Sale From -National Defense Stockpile.--Subsection (a)(2) of section 2533c of -title 10, United States Code, is amended, in the matter preceding -subparagraph (A), by striking ``covered material'' and inserting -``material''. - (b) Inclusion of Tantalum in Definition of Covered Materials.-- -Subsection (d)(1) of such section is amended-- - (1) in subparagraph (C), by striking ``; and'' and - inserting a semicolon; - (2) in subparagraph (D), by striking the period and - inserting ``; and''; and - (3) by adding at the end the following new subparagraph: - ``(E) tantalum.''. - - Subtitle C--Armed Forces Retirement Home - -SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT - HOME. - - There is hereby authorized to be appropriated for fiscal year 2020 -from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000 -for the operation of the Armed Forces Retirement Home. +for the Defense Health Program for use of the Armed Forces and other +activities and agencies of the Department of Defense for providing for +the health of eligible beneficiaries, as specified in the funding table +in section 4501. -SEC. 1422. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCES - RETIREMENT HOME. - - (a) Expansion of Eligibility to Certain Members With Non-regular -Service.--Section 1512(a) of the Armed Forces Retirement Home Act of -1991 (24 U.S.C. 412(a)) is amended-- - (1) in the first sentence, by striking ``active''; - (2) in paragraph (1), by striking ``are 60 years of age or - over and'' and - (3) by adding the following new paragraph: - ``(5) Persons who are eligible for retired pay under - chapter 1223 of title 10, United States Code, and-- - ``(A) are eligible for care under section 1710 of - title 38, United States Code; - ``(B) are enrolled in coverage under chapter 55 of - title 10, United States Code; or - ``(C) are enrolled in a qualified health plan - acceptable to the Chief Operating Officer.''. - (b) Parity of Monthly Fees.--Paragraph (2) of section 1514(c) of -the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 414(c)) is -amended to read as follows: - ``(2)(A) The fee shall be fixed as a percentage of the monthly -income and monthly payments (including Federal payments) received by a -resident. The percentage shall be the same for each facility of the -Retirement Home. The Secretary of Defense may make any adjustment in -the percentage that the Secretary determines appropriate. - ``(B) The amount of the monthly income and monthly payments -calculated under subparagraph (A) for a resident accepted under section -1512(a)(5) may not be less than the current monthly retirement pay for -equivalent active duty service as determined by the Chief Operating -Officer, except as the Chief Operating Officer may otherwise provide -due to compelling personal circumstances of the resident.''. - (c) Pay Deductions.--Section 1007(i) of title 37, United States -Code, is amended-- - (1) in paragraph (1)-- - (A) by inserting ``or compensation, as - applicable,'' after ``pay''; and - (B) by striking ``on active duty''; - (2) in paragraph (3), by striking ``Board'' and inserting - ``Chief Operating Officer''; and - (3) by striking paragraph (4). - (d) Admission Fees for Residents Based on Non-regular Service.-- -Section 1514 of the Armed Forces Retirement Home Act of 1991, as -amended by subsection (b), is further amended-- - (1) by redesignating subsections (b) and (c) as subsections - (c) and (d), respectively; - (2) by inserting after subsection (a) the following new - subsection (b): - ``(b) Admission Fees for Certain Residents.--The Administrator of -each facility of the Retirement Home may also collect a fee upon -admission from a resident accepted under section 412(a)(5) equal to the -deductions then in effect under section 1007(i)(1) of title 37, United -States Code, for each year of non-regular service of the resident -before the date of the enactment of the National Defense Authorization -Act for Fiscal Year 2020.''; and - (3) in subsection (c), as redesignated by paragraph (1), by - striking ``subsection (a)'' and inserting ``subsections (a) and - (b)''. - - Subtitle D--Other Matters - -SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF - DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY - DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH - CARE CENTER, ILLINOIS. + Subtitle B--Other Matters +SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF +DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION +FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS. (a) Authority for Transfer of Funds.--Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $127,000,000 may be transferred @@ -15094,106 +28424,352 @@ supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500). +SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT +HOME. + There is hereby authorized to be appropriated for fiscal year 2020 +from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000 +for the operation of the Armed Forces Retirement Home. TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS - Subtitle A--Authorization of Additional Appropriations - +Sec. 1501. Purpose. +Sec. 1502. Treatment as additional authorizations. + + Subtitle A--Authorization of Appropriations for Overseas Contingency + Operations + +Sec. 1511. Overseas contingency operations. +Sec. 1512. Procurement. +Sec. 1513. Research, development, test, and evaluation. +Sec. 1514. Operation and maintenance. +Sec. 1515. Military personnel. +Sec. 1516. Working capital funds. +Sec. 1517. Drug interdiction and counter-drug activities, defense-wide. +Sec. 1518. Defense inspector general. +Sec. 1519. Defense health program. +Sec. 1520. Afghanistan security forces fund. +Sec. 1520A. Special transfer authority. + + Subtitle B--Authorization of Appropriations for Emergency Funds for + Recovery and Restoration + +Sec. 1521. Procurement. +Sec. 1522. Research, development, test, and evaluation. +Sec. 1523. Operation and maintenance. +Sec. 1524. Restriction on transfer of funds authorized by this subtitle. SEC. 1501. PURPOSE. + The purposes of this title are to authorize appropriations for the +Department of Defense for fiscal year 2020-- + (1) to provide additional funds for overseas contingency + operations being carried out by the Armed Forces; and + (2) to provide additional emergency funds for the recovery and + restoration of military missions and activities at military + installations in California, Florida, North Carolina, and Nebraska + that were impacted by natural disasters. +SEC. 1502. TREATMENT AS ADDITIONAL AUTHORIZATIONS. + The amounts authorized to be appropriated by this title are in +addition to amounts otherwise authorized to be appropriated by this +Act. - The purpose of this subtitle is to authorize appropriations for the -Department of Defense for fiscal year 2020 to provide additional funds -for overseas contingency operations being carried out by the Armed -Forces. - -SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS. + Subtitle A--Authorization of Appropriations for Overseas Contingency + Operations +SEC. 1511. OVERSEAS CONTINGENCY OPERATIONS. Funds are hereby authorized to be appropriated for fiscal year 2020 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)). - -SEC. 1503. PROCUREMENT. - +SEC. 1512. PROCUREMENT. Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102. - -SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. - +SEC. 1513. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202. - -SEC. 1505. OPERATION AND MAINTENANCE. - +SEC. 1514. OPERATION AND MAINTENANCE. Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302. - -SEC. 1506. MILITARY PERSONNEL. - +SEC. 1515. MILITARY PERSONNEL. Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of -the Department of Defense for expenses, not otherwise provided for, for -military personnel, as specified in the funding table in section 4402. - -SEC. 1507. WORKING CAPITAL FUNDS. - +the Department of Defense for expenses, not otherwise provided for, +military personnel accounts, as specified in the funding table in +section 4402. +SEC. 1516. WORKING CAPITAL FUNDS. Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502. - -SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. - +SEC. 1517. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502. - -SEC. 1509. DEFENSE INSPECTOR GENERAL. - +SEC. 1518. DEFENSE INSPECTOR GENERAL. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502. - -SEC. 1510. DEFENSE HEALTH PROGRAM. - +SEC. 1519. DEFENSE HEALTH PROGRAM. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502. - - Subtitle B--Financial Matters - -SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. - - The amounts authorized to be appropriated by this title are in -addition to amounts otherwise authorized to be appropriated by this -Act. - -SEC. 1522. SPECIAL TRANSFER AUTHORITY. - - (a) Authority To Transfer Authorizations.-- - (1) Authority.--Upon determination by the Secretary of - Defense that such action is necessary in the national interest, - the Secretary may transfer amounts of authorizations made - available to the Department of Defense in this title for fiscal - year 2020 between any such authorizations for that fiscal year - (or any subdivisions thereof). Amounts of authorizations so - transferred shall be merged with and be available for the same - purposes as the authorization to which transferred. - (2) Limitation.--The total amount of authorizations that - the Secretary may transfer under the authority of this - subsection may not exceed $2,500,000,000. +SEC. 1520. AFGHANISTAN SECURITY FORCES FUND. + (a) Continuation of Prior Authorities and Notice and Reporting +Requirements.--Funds available to the Department of Defense for the +Afghanistan Security Forces Fund for fiscal year 2020 shall be subject +to the conditions contained in-- + (1) subsections (b) through (f) of section 1513 of the National + Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; + 122 Stat. 428); and + (2) section 1521(d)(1) of the National Defense Authorization + Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577). + (b) Equipment Disposition.-- + (1) Acceptance of certain equipment.--Subject to paragraph (2), + the Secretary of Defense may accept equipment that is procured + using amounts authorized to be appropriated for the Afghanistan + Security Forces Fund by this Act and is intended for transfer to + the security forces of the Ministry of Defense and the Ministry of + the Interior of the Government of Afghanistan, but is not accepted + by such security forces. + (2) Conditions on acceptance of equipment.--Before accepting + any equipment under the authority provided by paragraph (1), the + Commander of United States forces in Afghanistan shall make a + determination that such equipment was procured for the purpose of + meeting requirements of the security forces of the Ministry of + Defense and the Ministry of the Interior of the Government of + Afghanistan, as agreed to by both the Government of Afghanistan and + the Government of the United States, but is no longer required by + such security forces or was damaged before transfer to such + security forces. + (3) Elements of determination.--In making a determination under + paragraph (2) regarding equipment, the Commander of United States + forces in Afghanistan shall consider alternatives to the acceptance + of such equipment by the Secretary. An explanation of each + determination, including the basis for the determination and the + alternatives considered, shall be included in the relevant + quarterly report required under paragraph (5). + (4) Treatment as department of defense stocks.--Equipment + accepted under the authority provided by paragraph (1) may be + treated as stocks of the Department of Defense upon notification to + the congressional defense committees of such treatment. + (5) Quarterly reports on equipment disposition.-- + (A) In general.--Not later than 90 days after the date of + the enactment of this Act and every 90-day period thereafter + during which the authority provided by paragraph (1) is + exercised, the Secretary shall submit to the congressional + defense committees a report describing the equipment accepted + during the period covered by such report under the following: + (i) This subsection. + (ii) Section 1521(b) of the National Defense + Authorization Act for Fiscal Year 2017 (Public Law 114-328; + 130 Stat. 2575). + (iii) Section 1531(b) of the National Defense + Authorization Act for Fiscal Year 2016 (Public Law 114-92; + 129 Stat. 1088). + (iv) Section 1532(b) of the Carl Levin and Howard P. + ``Buck'' McKeon National Defense Authorization Act for + Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3613). + (v) Section 1531(d) of the National Defense + Authorization Act for Fiscal Year 2014 (Public Law 113-66; + 127 Stat. 938; 10 U.S.C. 2302 note). + (B) Elements.--Each report under subparagraph (A) shall + include a list of all equipment that was accepted during the + period covered by such report and treated as stocks of the + Department of Defense and copies of the determinations made + under paragraph (2), as required by paragraph (3). + (c) Security of Afghan Women.-- + (1) In general.--Of the funds available to the Department of + Defense for the Afghan Security Forces Fund for fiscal year 2020, + it is the goal that $45,500,000, but in no event less than + $10,000,000, shall be used for-- + (A) the recruitment, integration, retention, training, and + treatment of women in the Afghan National Defense and Security + Forces; and + (B) the recruitment, training, and contracting of female + security personnel for future elections. + (2) Types of programs and activities.--Such programs and + activities may include-- + (A) efforts to recruit and retain women into the Afghan + National Defense and Security Forces, including the special + operations forces; + (B) programs and activities of the Directorate of Human + Rights and Gender Integration of the Ministry of Defense of + Afghanistan and the Office of Human Rights, Gender and Child + Rights of the Ministry of Interior of Afghanistan; + (C) development and dissemination of gender and human + rights educational and training materials and programs within + the Ministry of Defense and the Ministry of Interior of + Afghanistan; + (D) efforts to address harassment and violence against + women within the Afghan National Defense and Security Forces; + (E) improvements to infrastructure that address the + requirements of women serving in the Afghan National Defense + and Security Forces, including appropriate equipment for female + security and police forces, and transportation for policewomen + to their station; + (F) support for Afghanistan National Police Family Response + Units; + (G) security provisions for high-profile female police and + military officers; + (H) programs to promote conflict prevention, management, + and resolution through the meaningful participation of Afghan + women in the Afghan National Defense and Security Forces, by + exposing Afghan women and girls to the activities of and + careers available with such forces, encouraging their interest + in such careers, or developing their interest and skills + necessary for service in such forces; and + (I) enhancements to Afghan National Defense and Security + Forces recruitment programs for targeted advertising with the + goal of increasing the number of female recruits. + (d) Assessment of Afghanistan Progress on Objectives.-- + (1) Assessment required.--Not later than June 1, 2020, the + Secretary of Defense shall, in consultation with the Secretary of + State, submit to the Committee on Armed Services and the Committee + on Foreign Affairs of the House of Representatives and the + Committee on Armed Services and the Committee on Foreign Relations + of the Senate an assessment describing-- + (A) the progress of the Government of the Islamic Republic + of Afghanistan toward meeting shared security objectives; and + (B) the efforts of the Government of the Islamic Republic + of Afghanistan to manage, employ, and sustain the equipment and + inventory provided under subsection (a). + (2) Matters to be included.--In conducting the assessment + required by paragraph (1), the Secretary of Defense shall include + each of the following: + (A) The extent to which the Government of Afghanistan has a + strategy for, and has taken steps toward, increased + accountability and the reduction of corruption within the + Ministry of Defense and the Ministry of Interior of + Afghanistan. + (B) The extent to which the capability and capacity of the + Afghan National Defense and Security Forces have improved as a + result of Afghanistan Security Forces Fund investment, + including through training, and an articulation of the metrics + used to assess such improvements. + (C) The extent to which the Afghan National Defense and + Security Forces have been able to increase pressure on the + Taliban, al-Qaeda, the Haqqani network, the Islamic State of + Iraq and Syria-Khorasan, and other terrorist organizations, + including by re-taking territory, defending territory, and + disrupting attacks. + (D) The distribution practices of the Afghan National + Defense and Security Forces and whether the Government of + Afghanistan is ensuring that supplies, equipment, and weaponry + supplied by the United States are appropriately distributed to, + and employed by, security forces charged with fighting the + Taliban and other terrorist organizations. + (E) A description of-- + (i) the policy governing the use of Acquisition and + Cross Servicing Agreements (ACSA) in Afghanistan; + (ii) each ACSA transaction by type, amount, and + recipient for the period beginning on October 1, 2018, and + ending December 31, 2019; and + (iii) for any transactions from the United States to + Afghan military forces, an explanation for why such + transaction was not carried out under the authorities of + the Afghanistan Security Forces Fund. + (F) The extent to which the Government of Afghanistan has + designated the appropriate staff, prioritized the development + of relevant processes, and provided or requested the allocation + of resources necessary to support a peace and reconciliation + process in Afghanistan. + (G) A description of the ability of the Ministry of Defense + and the Ministry of Interior of Afghanistan to manage and + account for previously divested equipment, including a + description of any vulnerabilities or weaknesses of the + internal controls of such Ministry of Defense and Ministry of + Interior and any plan in place to address shortfalls. + (H) A description of any significant irregularities in the + divestment of equipment to the Afghan National Defense and + Security Forces during the period beginning on May 1, 2019, and + ending on May 1, 2020, including any major losses of such + equipment or any inability on the part of the Afghan National + Defense and Security Forces to account for equipment so + procured. + (I) A description of the sustainment and maintenance costs + required during the 5-year period beginning on the date of the + enactment of this Act, for major weapons platforms previously + divested, and a description of the plan for the Afghan National + Defense and Security Forces to maintain such platforms in the + future. + (J) The extent to which the Government of Afghanistan is + adhering to conditions for receiving assistance established in + annual financial commitment letters or any other bilateral + agreements with the United States. + (K) The extent to which the Government of Afghanistan has + made progress in achieving security sector benchmarks as + outlined by the United States-Afghan Compact (commonly known as + the ``Kabul Compact'') and a description of any other + documents, plans, or agreements used by the United States to + measure security sector progress. + (L) Such other factors as the Secretaries consider + appropriate. + (3) Form.--The assessment required by paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (4) Withholding of assistance for insufficient progress.-- + (A) In general.--If the Secretary of Defense determines, in + coordination with the Secretary of State and pursuant to the + assessment under paragraph (1), that the Government of + Afghanistan has made insufficient progress in the areas + described in paragraph (2), the Secretary of Defense shall-- + (i) withhold $480,000,000, to be derived from amounts + made available for assistance for the Afghan National + Defense and Security Forces, from expenditure or obligation + until the date on which the Secretary certifies to the + congressional defense committees that the Government of + Afghanistan has made sufficient progress; and + (ii) notify the congressional defense committees not + later than 30 days before withholding such funds. + (B) Waiver.--If the Secretary of Defense determines that + withholding such assistance would impede the national security + objectives of the United States by prohibiting, restricting, + delaying, or otherwise limiting the provision of assistance, + the Secretary may waive the withholding requirement under + subparagraph (A) if the Secretary, in coordination with the + Secretary of State, certifies such determination to the + congressional defense committees not later than 30 days before + the effective date of the waiver. + (e) Additional Reporting Requirements.--The Secretary of Defense +shall include in the materials submitted in support of the budget for +fiscal year 2021 that is submitted by the President under section +1105(a) of title 31, United States Code, each of the following: + (1) The amount of funding provided in fiscal year 2019 through + the Afghanistan Security Forces Fund to the Government of + Afghanistan in the form of direct government-to-government + assistance or on-budget assistance for the purposes of supporting + any entity of such government, including the Afghan National + Defense and Security Forces, the Afghan Ministry of Interior, or + the Afghan Ministry of Defense. + (2) The amount of funding provided and anticipated to be + provided, as of the date of the submission of the materials, in + fiscal year 2020 through such Fund in such form. + (3) To the extent the amount described in paragraph (2) exceeds + the amount described in paragraph (1), an explanation as to the + reason why the such amount is greater and the specific entities and + purposes that were supported by such increase. +SEC. 1520A. SPECIAL TRANSFER AUTHORITY. + (a) Authority to Transfer Authorizations.-- + (1) Authority.--Upon determination by the Secretary of Defense + that such action is necessary in the national interest, the + Secretary may transfer amounts of authorizations made available to + the Department of Defense in this subtitle for fiscal year 2020 + between any such authorizations for that fiscal year (or any + subdivisions thereof). Amounts of authorizations so transferred + shall be merged with and be available for the same purposes as the + authorization to which transferred. + (2) Limitation.--The total amount of authorizations that the + Secretary may transfer under the authority of this subsection may + not exceed $2,000,000,000. (b) Terms and Conditions.--Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001. @@ -15201,412 +28777,516 @@ subject to the same terms and conditions as transfers under section section is in addition to the transfer authority provided under section 1001. - TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS - - Subtitle A--Space Activities - - PART I--UNITED STATES SPACE FORCE - -SEC. 1601. ASSISTANT SECRETARY OF DEFENSE FOR SPACE POLICY. - - Section 138(b) of title 10, United States Code, is amended by -adding at the end the following new paragraph: - ``(5) One of the Assistant Secretaries is the Assistant Secretary -of Defense for Space Policy. The principal duty of the Assistant -Secretary shall be the overall supervision of policy of the Department -of Defense for space warfighting.''. - -SEC. 1602. PRINCIPAL ASSISTANT TO THE SECRETARY OF THE AIR FORCE FOR - SPACE ACQUISITION AND INTEGRATION. - - (a) Redesignation of Principal Assistant for Space as Principal -Assistant for Space Acquisition and Integration.-- - (1) In general.--The Principal Assistant to the Secretary - of the Air Force for Space is hereby redesignated as the - Principal Assistant to the Secretary of the Air Force for Space - Acquisition and Integration. - (2) References.--Any reference to the Principal Assistant - to the Secretary of the Air Force for Space in any law, - regulation, map, document, record, or other paper of the United - States shall be deemed to be a reference to the Principal - Assistant to the Secretary of the Air Force for Space - Acquisition and Integration. - (b) Codification of Position and Responsibilities.-- - (1) In general.--Chapter 903 of title 10, United States - Code, is amended-- - (A) by redesignating section 9018 as section 9018a; - and - (B) by inserting after section 9017 the following - new section 9018: -``Sec. 9018. Principal Assistant to the Secretary of the Air Force for - Space Acquisition and Integration - ``(a)(1) There is within the Office of the Secretary of the Air -Force a Principal Assistant to the Secretary of the Air Force for Space -Acquisition and Integration, who shall be appointed from civilian life -by the President, by and with the advice and consent of the Senate. - ``(2) The individual serving as Principal Assistant shall have the -protocol equivalent in the Department of Defense of an officer in the -armed forces serving in a general or admiral grade. - ``(b) Subject to the authority, direction, and control of the -Secretary of the Air Force, the Principal Assistant to the Secretary of -the Air Force for Space Acquisition and Integration shall do as -follows: - ``(1) Be responsible for all acquisition and integration of - the Air Force for space systems and programs, including in - support of the Commander of the United States Space Force under - section 9064 of this title. - ``(2) Serve as the senior acquisition executive under - section 1704 of this title for the Air Force for acquisition - for space systems and programs, including for all major defense - acquisition programs under chapter 144 of this title for space. - ``(3) Oversee and direct each of the following: - ``(A) The Space Rapid Capabilities Office under - section 2273a of this title. - ``(B) The Space and Missile Systems Center. - ``(C) The Space Development Agency. - ``(4) Oversee and direct acquisition projects for all space - systems and programs of the Air Force, including projects for - space systems and programs transferred to the Principal - Assistant pursuant to section 1602(b)(4) of the National - Defense Authorization Act for Fiscal Year 2020. - ``(5) Act as the chair of the Space Force Acquisition - Council under section 1602(c) of the National Defense - Authorization Act for Fiscal Year 2020. - ``(c) In addition to the responsibilities provided for in -subsection (b), the Principal Assistant shall have such other -responsibilities and perform such other duties as the Secretary may -prescribe.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 903 of such title is amended by striking - the item relating to section 9018 and inserting the following - new items: - -``9018. Principal Assistant to the Secretary of the Air Force for Space - Acquisition and Integration. -``9018a. Administrative Assistant.''. - (3) Executive schedule level v.--Section 5416 of title 10, - United States Code, is amended by adding at the end the - following new item: - ``Principal Assistant to the Secretary of the Air Force for - Space Acquisition and Integration.''. - (4) Transfer of acquisition projects for space systems and - programs.--The Secretary of the Air Force shall transfer to the - Principal Assistant to the Secretary of the Air Force for Space - Acquisition and Integration under section 9018 of title 10, - United States Code (as added by this subsection), - responsibility for oversight, direction, and integration of any - acquisition projects for space systems and programs of the Air - Force that are under the oversight or direction of the - Assistant Secretary of the Air Force for Acquisition as of the - date of the enactment of this Act. - (c) Space Force Acquisition Council.-- - (1) In general.--There is in the Department of the Air - Force a council to be known as the ``Space Force Acquisition - Council'' (in this subsection referred to as the ``Council''). - (2) Membership.--The members of the Council are as follows: - (A) The Under Secretary of the Air Force. - (B) The Principal Assistant to the Secretary of the - Air Force for Space Acquisition and Integration, who - shall act as chair of the Council. - (C) The Assistant Secretary of Defense for Space - Policy. - (D) The Director of the National Reconnaissance - Office. - (E) The Commander of the United States Space - Command. - (F) The Commander of the United States Space Force. - (3) Functions.--The Council shall oversee, direct, and - manage acquisition and integration of the Air Force for space - systems and programs in order to ensure integration across the - national security space enterprise. - (4) Meetings.--The Council shall meet not less frequently - than monthly. - (5) Reports.--Not later than 30 days after the end of each - calendar year quarter through the first calendar year quarter - of 2025, the Council shall submit to the congressional defense - committees a report on the activities of the Council during the - calendar year quarter preceding the calendar year quarter in - which such report is submitted. - (d) Briefings.--On or about March 31, 2020, and during every -calendar year quarter thereafter through March 31, 2022, the Secretary -of the Air Force shall provide to the congressional defense committees -a briefing on the current status of efforts to implement this section -and the amendments made by this section. Each briefing may include such -recommendations for legislative and administrative action as the -Secretary considers appropriate to facilitate and enhance such efforts. - -SEC. 1603. MILITARY SPACE FORCES WITHIN THE AIR FORCE. - - (a) In General.--Section 9062(c) of title 10, United States Code, -is amended-- - (1) by striking the first sentence and inserting the - following: - ``(1) The Air Force includes the following: - ``(A) Aviation forces both combat and service not otherwise - assigned. - ``(B) Space forces.''; and - (2) by striking ``It shall be organized'' and inserting the - following: - ``(2) The Air Force shall be organized''. - (b) Territorial Organizations.-- - (1) In general.--Subsection (b) of section 9074 of title - 10, United States Code, is amended by inserting ``, including - space,'' after ``other places''. - (2) Heading amendment.--The heading of such section is - amended to read as follows: -``Sec. 9074. Commands: territorial and other organization''. - (3) Table of sections amendment.--The table of sections at - the beginning of chapter 907 of such title is amended by - striking the item relating to section 9074 and inserting the - following new item: + Subtitle B--Authorization of Appropriations for Emergency Funds for + Recovery and Restoration -``9074. Commands: territorial and other organization.''. +SEC. 1521. PROCUREMENT. + Funds are hereby authorized to be appropriated for fiscal year 2020 +for procurement accounts for the Army, the Navy and the Marine Corps, +the Air Force, and Defense-wide activities, as specified in the funding +table in section 4103. +SEC. 1522. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Department of Defense for research, development, +test, and evaluation, as specified in the funding table in section +4203. +SEC. 1523. OPERATION AND MAINTENANCE. + Funds are hereby authorized to be appropriated for fiscal year 2020 +for the use of the Armed Forces and other activities and agencies of +the Department of Defense for expenses, not otherwise provided for, for +operation and maintenance, as specified in the funding table in section +4303. +SEC. 1524. RESTRICTION ON TRANSFER OF FUNDS AUTHORIZED BY THIS +SUBTITLE. + (a) Authority.--Upon determination by the Secretary of Defense that +such action is necessary in the national interest, the Secretary may +transfer amounts of authorizations made available to the Department of +Defense in this subtitle for fiscal year 2020 between any such +authorizations for that fiscal year (or any subdivisions thereof). +Amounts of authorizations so transferred shall be merged with the +authorization to which transferred and shall be available for the +recovery and restoration of military missions and activities at +military installations in California, Florida, North Carolina, and +Nebraska impacted by natural disasters. + (b) Additional Authority.--The transfer authority provided by this +section is in addition to the transfer authority provided under +sections 1001 and 1520A. + (c) Terms and Conditions.--Transfers under this section shall be +subject to the same terms and conditions as transfers under section +1001. -SEC. 1604. REDESIGNATION OF AIR FORCE SPACE COMMAND AS UNITED STATES - SPACE FORCE. + TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS - (a) Redesignation.--The Air Force Space Command is hereby -redesignated as the United States Space Force (USSF). - (b) Commander and Authorities.-- - (1) In general.--Section 2279c of title 10, United States - Code, is-- - (A) transferred to chapter 907 of such title; - (B) inserted after section 9062; and - (C) as so transferred and inserted, amended to read - as follows: -``Sec. 9063. United States Space Force - ``(a) United States Space Force.--There is in the Air Force the -United States Space Force. - ``(b) Commander.--(1) The head of the United States Space Force -shall be the Commander of the United States Space Force, who shall be -appointed in accordance with section 601 of this title. The officer -serving as Commander, while so serving, has the grade of general or -admiral without vacating the permanent grade of the officer. - ``(2) The Commander shall be appointed to serve a term of four -years. - ``(c) Temporary Concurrent Service as Commander of USSF and -Commander of United States Space Command.--During the one-year period -beginning on the date of the enactment of the National Defense -Authorization Act for Fiscal Year 2020, the Secretary of Defense may -authorize an officer serving as the Commander of the United States -Space Force to serve concurrently as the Commander of the United States -Space Command under section 169 of this title, without further -appointment as otherwise provided for in subsection (c) of such -section. - ``(d) Vice Commander.--The deputy head of the United States Space -Force shall be the Vice Commander of the United States Space Force, who -shall be appointed in accordance with section 601 of this title. The -officer serving as Vice Commander, while so serving, has the grade of -general or admiral without vacating the permanent grade of the officer. - ``(e) Duties.--(1) Subject to the authority, direction, and control -of the Secretary of the Air Force, the Commander of the United States -Space Force shall do the following: - ``(A) Exercise authority, direction, and control of all - space operations-peculiar administrative matters relating to - the organization, training, and equipping of the space forces - of the Air Force. - ``(B) Exercise the authorities and responsibilities - assigned to the Commander as Commander of the Air Force Space - Command before December 12, 2017. - ``(C) Carry out such other duties as the Secretary may - specify. - ``(2) In carrying out duties under paragraph (1), the Commander of -the United States Space Force shall report as follows: - ``(A) During the one-year period beginning on the date of - the enactment of the National Defense Authorization Act for - Fiscal Year 2020, to the Secretary of the Air Force through the - Chief of Staff of the Air Force. - ``(B) After the period described in subparagraph (A), - directly to the Secretary of the Air Force. - ``(3)(A) During the one-year period beginning on the date of the -enactment of the National Defense Authorization Act of 2020, upon the -request of the Chairman of the Joint Chiefs of Staff, the Commander of -the United States Space Force may participate in any meeting of the -Joint Chiefs of Staff in consideration by the Joint Chiefs of Staff of -an issue in connection with a duty or responsibility of the Commander. - ``(B) Commencing as of the end of the period described in -subparagraph (A), the Commander of the United States Space Force shall -be a member of the Joint Chiefs of Staff. - ``(f) Elements.--(1) In addition to the elements of the Air Force -Space Command as of the date of the enactment of the National Defense -Authorization Act for Fiscal Year 2020, the United States Space Force -shall include other military and civilian personnel of the Air Force -(including appropriate elements of the Air National Guard and the Air -Force Reserve), and other infrastructure, assets, and resources of the -Air Force, assigned to the Space Force by the Secretary of the Air -Force. - ``(2) The Secretary shall provide for the Space Force a cadre of -military and civilian personnel within the Air Force who shall assist -the Space Force in establishing and maintaining an ethos and culture -for space warfighting.''. - (2) Service of incumbent commander of air force space - command as commander of united states space force.--The - individual serving as Commander of the Air Force Space Command - as of the date of the enactment of this Act may serve as the - Commander of the United States Space Force under subsection (b) - of section 9063 of title 10, United States Code (as added by - paragraph (1)), after that date without further appointment as - otherwise provided for by that subsection. - (3) Secretary of defense report on concurrency of - command.-- - (A) In general.--Not later than one year after the - date of the enactment of this Act, the Secretary of - Defense shall submit to the congressional defense - committees a report setting forth an assessment of the - advisability of permitting the Commander of the United - States Space Force to serve concurrently as Commander - of the United States Space Command as authorized by - subsection (c) of section 9063 of title 10, United - States Code (as so added). - (B) Comptroller general briefing.--Not later than - 30 days after the submittal of the report required by - subparagraph (A), the Comptroller General of the United - States shall provide the congressional defense - committees a briefing on the assessment of the - Comptroller General of the matters contained in the - report. - (4) Secretary of the air force briefings on ussf.--On or - about March 31, 2020, and during every calendar year quarter - thereafter through March 31, 2022, the Secretary of the Air - Force shall provide the congressional defense committees a - briefing on the following: - (A) The current status of the missions and manpower - of the United States Space Force under section 9063 of - title 10, United States Code (as so added), including - the current status of the assumption by the United - States Space Force of the elements to constitute the - United States Space Force, including the elements of - the Air Force Space Command and the elements assigned - pursuant to subsection (f)(1) of such section. - (B) The current status of activities of the cadre - of personnel required by subsection (f)(2) of such - section 9063 (as so added), including an assessment of - the progress of the cadre in establishing and - maintaining the ethos and culture described in that - subsection. - (5) No authorization of additional military billets or - civilian personnel.--The Secretary of the Air Force shall carry - out this subsection and the amendments made by this subsection - within military and civilian personnel of the Air Force - otherwise authorized by this Act. Nothing in this subsection or - the amendments made by this subsection shall be construed to - authorize additional military billets or the employment of - additional civilian personnel for the purposes of, or in - connection with, the establishment of the United States Space - Force. - (c) Conforming Amendment to US Space Command Commander Authority.-- -Section 169(c) of title 10, United States Code, is amended by striking -paragraph (2) and inserting the following new paragraph (2): - ``(2) If authorized by the Secretary of Defense pursuant to section -9063(c) of this title, the officer serving as Commander of the United -States Space Force also serves concurrently as Commander of the United -States Space Command, but only during the one-year period beginning on -the date of the enactment of the National Defense Authorization Act for -Fiscal Year 2020.''. - (d) Joint Chiefs of Staff Matters.--Effective on the date that is -one year after the date of the enactment of this Act, section 151(a) of -title 10, United States Code, is amended by adding at the end the -following new paragraph: - ``(8) The Commander of the United States Space Force.''. - (e) Clerical Amendments.-- - (1) Chapter 135.--The table of sections at the beginning of - chapter 135 of title 10, United States Code, is amended by - striking the item relating to section 2279c. - (2) Chapter 907.--The table of sections at the beginning of - chapter 907 of such title is amended by inserting after the - item relating to section 9062 the following new item: - -``9063. United States Space Force.''. - (f) References.--Any reference to the Air Force Space Command in -any law, regulation, map, document, record, or other paper of the -United States shall be deemed to be a reference to the United States -Space Force. + Subtitle A--Space Activities -SEC. 1605. ASSIGNMENT OF PERSONNEL TO THE NATIONAL RECONNAISSANCE - OFFICE FOR MISSION NEEDS. +Sec. 1601. Repeal of requirement to establish United States Space + Command as a subordinate unified command of the United States + Strategic Command. +Sec. 1602. Coordination of modernization efforts relating to military- + code capable GPS receiver cards. +Sec. 1603. Demonstration of backup and complementary positioning, + navigation, and timing capabilities of Global Positioning + System. +Sec. 1604. Annual determination on plan on full integration and + exploitation of overhead persistent infrared capability. +Sec. 1605. Space-based environmental monitoring mission requirements. +Sec. 1606. Resilient enterprise ground architecture. +Sec. 1607. Prototype program for multi-global navigation satellite + system receiver development. +Sec. 1608. Commercial space situational awareness capabilities. +Sec. 1609. Program to enhance and improve launch support and + infrastructure. +Sec. 1610. Preparation to implement plan for use of allied launch + vehicles. +Sec. 1611. Independent study on plan for deterrence in space. +Sec. 1612. Study on leveraging diverse commercial satellite remote + sensing capabilities. +Sec. 1613. Annual report on Space Command and Control program. +Sec. 1614. Report on space debris. + + Subtitle B--Defense Intelligence and Intelligence-Related Activities - (a) USSF as Primary Source of Personnel.--Effective as of the date -of the enactment of this Act, military and civilian personnel of the -United States Space Force under section 9063 of title 10, United States -Code (as added by section 1604(b) of this Act), shall be the primary -source of military and civilian personnel of the Department of the Air -Force who may be assigned to the National Reconnaissance Office. - (b) Assignment by Commander, USSF.--Subject to the authority, -direction, and control of the Secretary of the Air Force, the Commander -of the United States Space Force shall be responsible for the -assignment of military and civilian personnel of the United States -Space Force to the National Reconnaissance Office. +Sec. 1621. Redesignation of Under Secretary of Defense for Intelligence + as Under Secretary of Defense for Intelligence and Security. +Sec. 1622. Modifications to ISR Integration Council and annual briefing + requirements. +Sec. 1623. Modification of annual authorization of appropriations for + National Flagship Language Initiative. +Sec. 1624. Improving the onboarding methodology for intelligence + personnel. +Sec. 1625. Defense Counterintelligence and Security Agency activities on + facilitating access to local criminal records historical data. +Sec. 1626. Survey and report on alignment of intelligence collections + capabilities and activities with Department of Defense + requirements. +Sec. 1627. Reports on Consolidated Adjudication Facility of the Defense + Counterintelligence and Security Agency. +Sec. 1628. Report on the expanded purview of the Defense + Counterintelligence and Security Agency. +Sec. 1629. Termination of requirement for Department of Defense facility + access clearances for joint ventures composed of previously- + cleared entities. + + Subtitle C--Cyberspace-Related Matters + +Sec. 1631. Matters relating to military operations in the information + environment. +Sec. 1632. Notification requirements for sensitive military cyber + operations. +Sec. 1633. Evaluation of cyber vulnerabilities of major weapon systems + of the Department of Defense. +Sec. 1634. Quarterly assessments of the readiness of Cyber Mission + Forces. +Sec. 1635. Cyber posture review. +Sec. 1636. Modification of elements of assessment required for + termination of dual-hat arrangement for Commander of the + United States Cyber Command. +Sec. 1637. Modification of cyber scholarship program. +Sec. 1638. Tier 1 exercise of support to civil authorities for a cyber + incident. +Sec. 1639. Extension of the Cyberspace Solarium Commission. +Sec. 1640. Authority to use operation and maintenance funds for cyber + operations-peculiar capability development projects. +Sec. 1641. Role of Chief Information Officer in improving enterprise- + wide cybersecurity. +Sec. 1642. Notification of delegation of authorities to the Secretary of + Defense for military operations in cyberspace. +Sec. 1643. Limitation of funding for Consolidated Afloat Networks and + Enterprise Services. +Sec. 1644. Annual military cyberspace operations report. +Sec. 1645. Annual report on cyber attacks and intrusions against the + Department of Defense by certain foreign entities. +Sec. 1646. Control and analysis of Department of Defense data stolen + through cyberspace. +Sec. 1647. Use of National Security Agency cybersecurity expertise to + support evaluation of commercial cybersecurity products. +Sec. 1648. Framework to enhance cybersecurity of the United States + defense industrial base. +Sec. 1649. Report on cybersecurity training programs. +Sec. 1650. National Security Presidential Memorandums relating to + Department of Defense operations in cyberspace. +Sec. 1651. Reorientation of Big Data Platform program. +Sec. 1652. Zero-based review of Department of Defense cyber and + information technology personnel. +Sec. 1653. Study on improving cyber career paths in the Navy. +Sec. 1654. Accreditation standards and processes for cybersecurity and + information technology products and services. +Sec. 1655. Study on future cyber warfighting capabilities of Department + of Defense. +Sec. 1656. Study to determine the optimal strategy for structuring and + manning elements of the Joint Force Headquarters-Cyber + Organizations, Joint Mission Operations Centers, and Cyber + Operations-Integrated Planning Elements. +Sec. 1657. Cyber governance structures and Principal Cyber Advisors on + military cyber force matters. +Sec. 1658. Designation of test networks for testing and accreditation of + cybersecurity products and services. +Sec. 1659. Consortia of universities to advise Secretary of Defense on + cybersecurity matters. +Sec. 1660. Joint assessment of Department of Defense cyber red team + capabilities, capacity, demand, and requirements. -SEC. 1606. REPORT ON ESTABLISHMENT OF POSITION OF UNDER SECRETARY OF - THE AIR FORCE FOR SPACE. + Subtitle D--Nuclear Forces - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of the Air Force shall submit to -the congressional defense committees a report on the advisability of -establishing within the Department of the Air Force a position of Under -Secretary of the Air Force for Space with the responsibility of -providing civilian oversight to the United States Space Force (as -provided for by section 1604 of this Act). - (b) Considerations.--In preparing the report required by subsection -(a), the Secretary shall take into consideration the tasks and -operations of the staff of the Air Force in support of the space -warfighting mission of the Air Force and such other matters as the -Secretary considers appropriate. - -SEC. 1607. REPORT ON ENHANCED INTEGRATION OF CAPABILITIES OF THE - NATIONAL SECURITY AGENCY, THE NATIONAL GEOSPATIAL- - INTELLIGENCE AGENCY, AND THE UNITED STATES SPACE COMMAND - FOR JOINT OPERATIONS. +Sec. 1661. Conforming amendment to Council on Oversight of the National + Leadership Command, Control, and Communications System. +Sec. 1662. Modification of authorities relating to nuclear command, + control, and communications system. +Sec. 1663. Briefings on meetings held by Nuclear Weapons Council. +Sec. 1664. Consideration of budget matters at meetings of Nuclear + Weapons Council. +Sec. 1665. Improvement to annual report on the modernization of the + nuclear weapons enterprise. +Sec. 1666. Expansion of officials required to conduct biennial + assessments of delivery platforms for nuclear weapons and + nuclear command and control system. +Sec. 1667. Extension of annual briefing on costs of forward-deploying + nuclear weapons in Europe. +Sec. 1668. Elimination of conventional requirement for long-range + standoff weapon. +Sec. 1669. Briefing on long-range standoff weapon and sea-launched + cruise missile. +Sec. 1670. Extension of prohibition on availability of funds for mobile + variant of ground-based strategic deterrent missile. +Sec. 1671. Reports on development of ground-based strategic deterrent + weapon. +Sec. 1672. Prohibition on reduction of the intercontinental ballistic + missiles of the United States. +Sec. 1673. Independent study on policy of no-first-use of nuclear + weapons. +Sec. 1674. Independent study on risks of nuclear terrorism and nuclear + war. +Sec. 1675. Report on military-to-military dialogue to reduce risks of + miscalculation leading to nuclear war. +Sec. 1676. Report on nuclear forces of the United States and near-peer + countries. +Sec. 1677. Report on operation of conventional forces of military + departments under employment or threat of employment of + nuclear weapons. +Sec. 1678. Report on operation of conventional forces of certain + combatant commands under employment or threat of employment of + nuclear weapons. +Sec. 1679. Briefings on plan for future-systems-level architecture of + nuclear command, control, and communications systems. +Sec. 1680. Sense of Congress on nuclear deterrence commitments of the + United States. - Not later than 180 days after the date of the enactment of this -Act, the Secretary of Defense shall, in coordination with the Director -of National Intelligence, submit to the congressional defense -committees a report setting forth the results of a review, conducted -for purposes of the report, on processes designed to achieve more -effective integration of capabilities among the National Security -Agency, the National Geospatial-Intelligence Agency, and the United -States Space Command for joint operations in a manner that does not -result in the impairment of the authorities or responsibilities of the -Director. - -SEC. 1608. LIMITATION ON AVAILABILITY OF FUNDS. - - None of the amounts authorized to be appropriated for fiscal year -2020 by this Act and available for the Air Force for programs, -projects, or activities for space, including acquisition programs, -projects, or activities, may be obligated or expended until the date on -which the Secretary of the Air Force completes briefings of the -congressional defense committees on the plans of the Air Force to -implement this part and the amendments made by this part, including the -following: - (1) The establishment of the office of the Principal - Assistant to the Secretary of the Air Force for Space - Acquisition and Integration under section 9018 of title 10, - United States Code (as added by section 1602 of this Act). - (2) The establishment of the United States Space Force - required by section 9063 of title 10, United States Code (as - added by section 1604 of this Act). + Subtitle E--Missile Defense Programs - PART II--OTHER SPACE MATTERS +Sec. 1681. National missile defense policy. +Sec. 1682. Development of space-based ballistic missile intercept layer. +Sec. 1683. Development of hypersonic and ballistic missile tracking + space sensor payload. +Sec. 1684. Modifications to required testing by Missile Defense Agency + of ground-based midcourse defense element of ballistic missile + defense system. +Sec. 1685. Iron Dome short-range rocket defense system and Israeli + cooperative missile defense program co-development and co- + production. +Sec. 1686. Limitation on availability of funds for lower tier air and + missile defense sensor. +Sec. 1687. Plan for the redesigned kill vehicle replacement. +Sec. 1688. Organization, authorities, and billets of the Missile Defense + Agency. +Sec. 1689. Annual assessment of ballistic missile defense system. +Sec. 1690. Command and control, battle management, and communications + program. +Sec. 1691. Missile defense interceptor site in contiguous United States. +Sec. 1692. Independent study on impacts of missile defense development + and deployment. +Sec. 1693. Report and briefing on multi-volume kill capability. + + Subtitle F--Other Matters + +Sec. 1694. Extension of authorization for protection of certain + facilities and assets from unmanned aircraft. +Sec. 1695. Repeal of requirement for commission on electromagnetic pulse + attacks and similar events. +Sec. 1696. Repeal of review requirement for ammonium perchlorate report. +Sec. 1697. Transferability of conventional prompt global strike weapon + system technologies to surface-launched platforms. +Sec. 1698. Prohibition on availability of funds for certain offensive + ground-launched ballistic or cruise missile systems. +Sec. 1699. Hard and deeply buried targets. -SEC. 1611. REPEAL OF REQUIREMENT TO ESTABLISH SPACE COMMAND AS A - SUBORDINATE UNIFIED COMMAND OF THE UNITED STATES - STRATEGIC COMMAND. + Subtitle A--Space Activities +SEC. 1601. REPEAL OF REQUIREMENT TO ESTABLISH UNITED STATES SPACE +COMMAND AS A SUBORDINATE UNIFIED COMMAND OF THE UNITED STATES STRATEGIC +COMMAND. (a) In General.--Section 169 of title 10, United States Code, is repealed. - (b) Technical and Conforming Amendment.--The table of sections for -chapter 6 of title 10, United States Code, is amended by striking the -item relating to section 169. - -SEC. 1612. PROGRAM TO ENHANCE AND IMPROVE LAUNCH SUPPORT AND - INFRASTRUCTURE. - - (a) In General.--In support of the policy described in section -2273(a) of title 10, United States Code, the Secretary of Defense may -carry out a program to enhance infrastructure and improve support -activities for the processing and launch of Department of Defense -small-class and medium-class payloads. + (b) Technical and Conforming Amendments.-- + (1) The table of sections for chapter 6 of title 10, United + States Code, is amended by striking the item relating to section + 169. + (2) Section 2273a(d)(3) of title 10, United States Code, is + amended by striking ``The Commander of the United States Strategic + Command, acting through the United States Space Command,'' and + inserting ``The Commander of the United States Space Command, or, + if no such command exists, the Commander of the United States + Strategic Command,''. +SEC. 1602. COORDINATION OF MODERNIZATION EFFORTS RELATING TO MILITARY- +CODE CAPABLE GPS RECEIVER CARDS. + Section 1610 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2111; 10 U.S.C. +2281 note) is amended-- + (1) in subsection (b)(2), by striking the period at the end and + inserting ``, including with respect to each program of the + Department that requires M-code capable receiver cards.''; and + (2) in subsection (c), by striking the period at the end and + inserting ``, and shall clarify the roles of the Chief Information + Officer and the Council on Oversight of the Department of Defense + Positioning, Navigation, and Timing Enterprise with respect to M- + code modernization efforts.''. +SEC. 1603. DEMONSTRATION OF BACKUP AND COMPLEMENTARY POSITIONING, +NAVIGATION, AND TIMING CAPABILITIES OF GLOBAL POSITIONING SYSTEM. + Effective on June 1, 2019, section 1606 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. +1725) is amended-- + (1) in subsection (c)(2), by striking ``the date that is 18 + months after the date of the enactment of this Act'' and inserting + ``December 31, 2020''; and + (2) in subsection (d), by striking ``18 months after the date + of the enactment of this Act'' and inserting ``December 31, 2020''. +SEC. 1604. ANNUAL DETERMINATION ON PLAN ON FULL INTEGRATION AND +EXPLOITATION OF OVERHEAD PERSISTENT INFRARED CAPABILITY. + Section 1618(c) of the National Defense Authorization Act for +Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2431 note) is amended by +striking ``for a fiscal year'' and inserting ``for each of fiscal years +2021 through 2028''. +SEC. 1605. SPACE-BASED ENVIRONMENTAL MONITORING MISSION REQUIREMENTS. + (a) Procurement of Modernized Pathfinder Program Satellite.-- + (1) In general.--The Secretary of the Air Force shall procure a + modernized pathfinder program satellite that-- + (A) addresses space-based environmental monitoring mission + requirements; + (B) reduces the risk that the Department of Defense + experiences a gap in meeting such requirements during the + period beginning January 1, 2023, and ending December 31, 2025; + and + (C) is launched not later than January 1, 2023. + (2) Type of satellite.--The satellite described in paragraph + (1) may be a free-flyer or a hosted payload satellite. + (3) Plan.--Not later than 60 days after the date of the + enactment of this Act, the Secretary of the Air Force shall submit + to the appropriate congressional committees a plan to procure and + launch the satellite described in paragraph (1), including with + respect to-- + (A) the requirements for such satellite, including + operational requirements; + (B) timelines for such procurement and launch; + (C) costs for such procurement and launch; and + (D) the launch plan. + (4) Procedures.--The Secretary of the Air Force shall ensure + that the satellite described in paragraph (1) is procured using + full and open competition through the use of competitive + procedures. + (5) Withholding of funds.--The amount equal to 10 percent of + the total amount authorized to be appropriated to the Office of the + Secretary of Air Force for the travel of persons under the + Operations and Maintenance, Defense-Wide account shall be withheld + from obligation or expenditure until the date on which a contract + is awarded for the procurement of the satellite described in + paragraph (1). + (b) Weather System Satellite.--The Secretary of the Air Force shall +ensure that the electro-optical/infrared weather system satellite-- + (1) meets space-based environmental monitoring mission + requirements; + (2) is procured using full and open competition through the use + of competitive procedures; and + (3) is launched not later than September 30, 2025. + (c) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' means-- + (A) the congressional defense committees; and + (B) the Permanent Select Committee on Intelligence of the + House of Representatives and the Select Committee on + Intelligence of the Senate. + (2) The term ``space-based environmental monitoring mission + requirements'' means the national security requirements for cloud + characterization and theater weather imagery. +SEC. 1606. RESILIENT ENTERPRISE GROUND ARCHITECTURE. + (a) Sense of Congress.--It is the sense of Congress that the +Secretary of the Air Force, to advance the security of the space assets +of the Department of Defense, should-- + (1) expand on complementary efforts within the Air Force that + promote the adoption of a resilient enterprise ground architecture + that is responsive to new and changing threats and can rapidly + integrate new capabilities to make the warfighting force of the + United States more resilient in a contested battlespace; and + (2) prioritize the swift transition of space ground + architecture to a common platform and leverage commercial + capabilities in concurrence with the 2015 intent memorandum of the + Commander of the Air Force Space Command. + (b) Future Architecture.--The Secretary of Defense shall, to the +extent practicable-- + (1) develop future satellite ground architectures of the + Department of Defense to be compatible with complementary + commercial systems that can support uplink and downlink + capabilities with dual-band spacecraft; and + (2) emphasize that future ground architecture transition away + from stove-piped systems to a service-based platform that provides + members of the Armed Forces with flexible and adaptable + capabilities that-- + (A) use, as applicable, commercially available capabilities + and technologies for increased resiliency and cost savings; and + (B) build commercial opportunity and integration across the + range of resilient space systems. + (c) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report on the future architecture +described in subsection (b). +SEC. 1607. PROTOTYPE PROGRAM FOR MULTI-GLOBAL NAVIGATION SATELLITE +SYSTEM RECEIVER DEVELOPMENT. + (a) Prototype Multi-GNSS Program.--The Secretary of the Air Force +shall carry out a program to prototype an M-code based, multi-global +navigation satellite system receiver that is capable of receiving +covered signals to increase the resilience and capability of military +position, navigation, and timing equipment against threats to the +Global Positioning System and to deter the likelihood of attack on the +worldwide Global Positioning System by reducing the benefits of such an +attack. + (b) Elements.--In carrying out the program under subsection (a), +the Secretary shall-- + (1) with respect to each covered signal that could be received + by the prototype receiver under such program, conduct an assessment + of the relative benefits and risks of using that signal, including + with respect to any existing or needed monitoring infrastructure + that would alert users of the Department of Defense of potentially + corrupted signal information, and the cyber risks and challenges of + incorporating such signals into a properly designed receiver; + (2) ensure that monitoring systems are able to include any + monitoring network of the United States or allies of the United + States; + (3) conduct an assessment of the benefits and risks, including + with respect to the compatibility of non-United States global + navigation satellite system signals with existing position, + navigation, and timing equipment of the United States, and the + extent to which the capability to receive such signals would impact + current receiver or antenna design; and + (4) conduct an assessment of the desirability of establishing a + program for the development and deployment of the receiver system + described in subsection (a) in a manner that-- + (A) is a cooperative effort, coordinated with the Secretary + of State, between the United States and the allies of the + United States that may also have interest in funding a multi- + global navigation satellite system and M-code program; and + (B) the Secretary of Defense, in coordination with the + Secretary of State, ensures that the United States has access + to sufficient insight into trusted signals of allied systems to + assure potential reliance by the United States on such signals. + (c) Briefing.--Not later than 120 days after the date of the +enactment of this Act, the Secretary, in coordination with the Air +Force GPS User Equipment Program office, shall provide to the +congressional defense committees a briefing on a plan to carry out the +program under subsection (a) that includes-- + (1) the estimated cost, including total cost and out-year + funding requirements for a program to develop and deploy the + receiver system described in subsection (a); + (2) the schedule for such program; + (3) a plan for how the results of the program could be + incorporated into future blocks of the Global Positioning System + military user equipment program; and + (4) the recommendations and analysis contained in the study + sponsored by the Department of Defense conducted by the MITRE + Corporation on the risks, benefits, and approaches to adding multi- + global navigation satellite system capabilities to military user + equipment. + (d) Report.--Not later than 150 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a report containing-- + (1) an explanation of how the Secretary intends to comply with + section 1609 of the John S. McCain National Defense Authorization + Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2281 note); + (2) an outline of any potential cooperative efforts acting in + accordance with the North Atlantic Treaty Organization, the + European Union, or Japan that would support such compliance; + (3) an assessment of the potential to host, or incorporate + through software-defined payloads, Global Positioning System M-code + functionality onto allied global navigation satellite system + systems; and + (4) an assessment of new or enhanced monitoring capabilities + that would be needed to incorporate global navigation satellite + system functionality into weapon systems of the Department. + (e) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2020 for increment 2 of +the acquisition of military Global Positioning System user equipment +terminals, not more than 90 percent may be obligated or expended until +the date on which the briefing has been provided under subsection (c) +and the report has been submitted under subsection (d). + (f) Waiver Authority for Trusted Signals Capabilities.--Section +1609(a)(2)(B) of the John S. McCain National Defense Authorization Act +for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2281 note) is +amended by striking ``such capability'' and inserting ``the capability +to add multi-Global Navigation Satellite System signals to provide +substantive military utility''. + (g) Definitions.--In this section: + (1) The term ``allied systems'' means-- + (A) the Galileo system of the European Union; + (B) the QZSS system of Japan; and + (C) upon designation by the Secretary of Defense, in + consultation with the Director of National Intelligence-- + (i) the NAVIC system of India; and + (ii) any similarly associated wide area augmentation + systems. + (2) The term ``covered signals''-- + (A) means global navigation satellite system signals from-- + (i) allied systems; and + (ii) non-allied systems; and + (B) includes both encrypted signals and open signals. + (3) The term ``encrypted signals'' means global navigation + satellite system signals that incorporate encryption or other + internal methods to authenticate signal information. + (4) The term ``M-code'' means, with respect to global + navigation satellite system signals, military code that provides + enhanced positioning, navigation, and timing capabilities and + improved resistance to existing and emerging threats, such as + jamming. + (5) The term ``non-allied systems'' means-- + (A) the Russian GLONASS system; and + (B) the Chinese Beidou system. + (6) The term ``open signals'' means global navigation satellite + system that do not include encryption or other internal methods to + authenticate signal information. +SEC. 1608. COMMERCIAL SPACE SITUATIONAL AWARENESS CAPABILITIES. + (a) Certification.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of the Air Force, without +delegation, shall certify to the congressional defense committees that +the Air Force is using commercial space situational awareness services. + (b) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2020 for the enterprise +space battle management command and control, not more than 85 percent +may be obligated or expended until the date on which the Secretary of +the Air Force makes the certification under subsection (a). + (c) Report.--Not later than March 1, 2020, the Secretary of the Air +Force shall submit to the congressional defense committees a report on +using commercial space situational awareness services to fill the space +situational awareness requirements that were not filled in the Joint +Space Operations Center Mission Center. The report shall include the +following: + (1) A description of current domestic commercial capabilities + to detect and track space objects in low-Earth orbit below the 10 + centimeter threshold of legacy systems. + (2) A description of current domestic best-in-breed commercial + capabilities that can meet such requirements. + (3) Estimates of the timelines, milestones, and funding + requirements to procure a near-term solution to meet such + requirements until the development programs of the Air Force are + projected to be operationally fielded. + (d) Commercial Space Situational Awareness Services Defined.--In +this section, the term ``commercial space situational awareness +services'' means commercial space situational awareness processing +software and data from commercial sensors to address warfighter +requirements and fill gaps in current space situational capabilities of +the Air Force. +SEC. 1609. PROGRAM TO ENHANCE AND IMPROVE LAUNCH SUPPORT AND +INFRASTRUCTURE. + (a) In General.--In support of the policy described in section +2273(a) of title 10, United States Code, the Secretary of Defense, in +coordination with the Administrator of the Federal Aviation +Administration, may carry out a program to enhance infrastructure and +improve support activities for the processing and launch of Department +of Defense small-class and medium-class payloads. (b) Program.--The program under subsection (a) shall include improvements to operations at launch ranges and Federal Aviation Administration-licensed spaceports that are consistent with, and @@ -15620,474 +29300,1823 @@ including the Space Rapid Capabilities Office. the Secretary may enter into a contract or agreement under section 2276 of title 10, United States Code. (e) Report.--Not later than 270 days after the date of the -enactment of this Act, the Secretary shall submit to the congressional -defense committees a report describing a plan for the program under +enactment of this Act, the Secretary shall submit to the appropriate +committees of Congress a report describing a plan for the program under subsection (a). - -SEC. 1613. MODIFICATION OF ENHANCEMENT OF POSITIONING, NAVIGATION, AND - TIMING CAPACITY. - - (a) Capability for Trusted Signals.-- - (1) Subsection heading.--Subsection (a) of section 1609 of - the John S. McCain National Defense Authorization Act for - Fiscal Year 2019 (Public Law 115-232) is amended, in the - subsection heading, by striking ``Trusted Signals'' and - inserting ``Alternative Global Navigation Satellite System - Signals''. - (2) Requirement.--Paragraph (1) of such subsection is - amended to read as follows: - ``(1) Requirement.--The Secretary of the Air Force shall - ensure that military Global Positioning System (GPS) user - equipment terminals have the capability, as appropriate to user - needs and constraints, to incorporate signals from the Galileo - satellites of the European Union and the QZSS satellites of - Japan, beginning with the implementation of open-system - architecture solutions, such as the Resilient-Embedded GPS/ - Inertial Navigation System (R-EGI), to accompany other - alternative and complementary navigation sources for robust - positioning, navigation, and timing.''. - (3) Waiver.--Paragraph (2) of such subsection is amended-- - (A) in subparagraph (A), by striking ``could not - integrate such capability beginning with increment 2 of - the acquisition of such terminals'' and inserting - ``should not integrate such capability into the - Resilient-Embedded GPS/Inertial Navigation System - architecture''; and - (B) in subparagraph (B), by inserting ``that - considers the addition of multi-Global Navigation - Satellite System (GNSS) signals to provide substantive - military utility'' after ``such terminals''. - (b) Capability for Other Signals.--Subsection (b) of such section -is amended, in the matter preceding paragraph (1)-- - (1) by inserting ``other allied and'' before ``non-allied - positioning, navigation, and timing signals''; and - (2) by striking ``increment 2 of the acquisition of such - terminals'' and inserting ``the Resilient-Embedded GPS/Inertial - Navigation System architecture''. - -SEC. 1614. MODIFICATION OF TERM OF COMMANDER OF AIR FORCE SPACE - COMMAND. - - Section 2279c(a)(2) of title 10, United States Code, is amended, in -the first sentence, by striking ``six years'' and inserting ``four -years''. - -SEC. 1615. ANNUAL REPORT ON SPACE COMMAND AND CONTROL PROGRAM. - - (a) In General.--For each of fiscal years 2021 through 2025, -concurrent with the submittal to Congress of the budget of the -Department of Defense with the budget of the President for the -subsequent fiscal year under section 1105(a) of title 31, United States -Code, the Secretary of the Air Force shall submit to the Under -Secretary of Defense for Acquisition and Sustainment, the congressional -defense committees, and the Comptroller General of the United States, -an annual report on the Space Command and Control program. + (f) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the congressional defense committees; + (2) the Committee on Commerce, Science, and Transportation and + the Select Committee on Intelligence of the Senate; and + (3) the Committee on Transportation and Infrastructure, the + Committee on Science, Space, and Technology, and the Permanent + Select Committee on Intelligence of the House of Representatives. +SEC. 1610. PREPARATION TO IMPLEMENT PLAN FOR USE OF ALLIED LAUNCH +VEHICLES. + (a) Preparation.--The Secretary of Defense, in coordination with +the Director of National Intelligence, shall take actions necessary to +prepare to implement the plan developed pursuant to section 1603 of the +National Defense Authorization Act for Fiscal Year 2017 (Public Law +114-328; 130 Stat. 2584) regarding using allied launch vehicles to meet +the requirements for achieving the policy relating to assured access to +space set forth in section 2273 of title 10, United States Code. + (b) Actions Required.--In carrying out subsection (a), the +Secretary shall-- + (1) identify the satellites of the United States that would be + appropriate to be launched on an allied launch vehicle; + (2) assess the relevant provisions of Federal law, regulations, + and policies governing the launch of national security satellites + and determine whether any legislative, regulatory, or policy + actions (including with respect to waivers) would be necessary to + allow for the launch of a national security satellite on an allied + launch vehicle; and + (3) address any certification requirements necessary for such + use of allied launch vehicles and the estimated cost, schedule, and + actions necessary to certify allied launch vehicles for such use. + (c) Submission to Congress.--Not later than 90 days after the date +of the enactment of this Act, the Secretary of Defense shall submit to +the appropriate congressional committees a report on preparing to +implement the plan described in subsection (a), including information +regarding each action required by paragraphs (1), (2), and (3) of +subsection (b). + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; and + (2) the Permanent Select Committee on Intelligence of the House + of Representatives and the Select Committee on Intelligence of the + Senate. +SEC. 1611. INDEPENDENT STUDY ON PLAN FOR DETERRENCE IN SPACE. + (a) Independent Study.-- + (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 or other independent entity to conduct a study on deterrence + in space. + (2) Matters included.--The study under paragraph (1) shall + include, at a minimum, the following: + (A) An assessment of the existing range of major studies + and writings on space deterrence and a comprehensive + comparative analysis of the conclusions of such studies and + writings. + (B) An examination, using appropriate analytical tools, of + the approaches proposed by such studies and writings with + respect to creating conditions of deterrence suitable for use + in the space domain, including, at a minimum, an assessment of + all aspects of deterrence in space, including varying + classification, strategies to deny benefit or impose cost, and + space mission assurance (including resilience, active defense, + and reconstitution). + (C) A determination, made either by extending such studies + and writings or through new analysis, of a holistic and + comprehensive theory of deterrence in space appropriate for use + in defense planning. + (D) An evaluation of existing policies, programs, and plans + of the Department of Defense to provide an assessment of the + likely effectiveness of those policies, programs, and plans to + achieve effective space deterrence. + (b) Assessment by Defense Policy Board.--Not later than 180 days +after the date of the enactment of this Act, the Defense Policy Board +shall submit to the Secretary of Defense an assessment of the study +under subsection (a)(1), including, at a minimum-- + (1) a determination of the soundness of the study; + (2) a description of any disagreements the Board has with the + conclusions of such study, including recommended changes or + clarifications to such conclusions the Board determines + appropriate; and + (3) changes to the policies, programs, and plans of the + Department of Defense that the Board recommends based on such study + and the changes and clarifications described in paragraph (2). + (c) Report.--Not later than 270 days after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees, the Committee on Foreign Affairs of the House of +Representatives, and the Committee on Foreign Relations of the Senate a +report that contains the following: + (1) The study under subsection (a)(1), without change. + (2) The assessment under subsection (b), without change. + (3) Based on such study and assessment, a description of any + changes to the policies, programs, and plans of the Department of + Defense that the Secretary recommends to enhance deterrence in + space, including with respect to-- + (A) considerations and decision on reducing the + opportunities and incentives for adversaries to attack space + systems of the United States or allies of the United States; + (B) new architectures, including proliferated systems, + hosted payloads, nontraditional orbits, and reconstitution + among others; + (C) appropriate uses of partnering with both commercial + entities and allies to improve deterrence in space; + (D) necessary capabilities to enhance the protection of + space systems to achieve improved deterrence; + (E) bilateral, multilateral, and unilateral measures, + including confidence-building measures, that could be taken to + reduce the risk of miscalculation that would lead to an attack + in space; + (F) policies and capability requirements with regard to + attribution of an attack in space; + (G) policies with regard to retaliatory measures either in + space or on the ground; + (H) authorities with regard to decisions and actions to + defend assets of the United States in space; and + (I) changes to current war plans, routine operations + (including information sharing), and demonstration and test + procedures that could enhance the capability of the United + States to signal the intentions and capabilities of the United + States in an effective manner. + (d) Briefing.--Not later than 270 days after the date of the +enactment of this Act, the Secretary shall provide to the congressional +defense committees, the Committee on Foreign Affairs of the House of +Representatives, and the Committee on Foreign Relations of the Senate a +briefing on the study under subsection (a)(1) and the assessment under +subsection (b). +SEC. 1612. STUDY ON LEVERAGING DIVERSE COMMERCIAL SATELLITE REMOTE +SENSING CAPABILITIES. + (a) Study.--The Secretary of Defense, in consultation with the +Director of National Intelligence, shall conduct a study on the status +of the transition from the National Geospatial-Intelligence Agency to +the National Reconnaissance Office of the leadership role in acquiring +commercial satellite remote sensing data on behalf of the Department of +Defense and the intelligence community (as defined in section 3 of the +National Security Act of 1947 (50 U.S.C. 3003)). + (b) Elements.--In conducting the study under subsection (a), the +Secretary shall study-- + (1) commercial geospatial intelligence requirements for the + National Geospatial-Intelligence Agency and the combatant commands; + (2) plans of the National Reconnaissance Office to meet the + requirements specified in paragraph (1) through the acquisition of + all levels of resolution data from multiple commercial providers; + and + (3) plans of the National Reconnaissance Office to further + develop such programs with commercial companies to continue to + support, while also expanding, adoption by the geospatial + intelligence user community of the Department of Defense. + (c) Submission.--Not later than 90 days after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees, the Permanent Select Committee on Intelligence of +the House of Representatives, and the Select Committee on Intelligence +of the Senate a report on the study conducted under subsection (a). +SEC. 1613. ANNUAL REPORT ON SPACE COMMAND AND CONTROL PROGRAM. + (a) Reports Required.-- + (1) Initial report.--Not later than May 1, 2020, the Secretary + of the Air Force shall submit to the Under Secretary of Defense for + Acquisition and Sustainment, the congressional defense committees, + and the Comptroller General of the United States, a report on the + Space Command and Control program for fiscal year 2021. + (2) Subsequent reports.--For each of fiscal years 2022 through + 2025, concurrent with the submittal to Congress of the budget of + the Department of Defense with the budget of the President for the + subsequent fiscal year under section 1105(a) of title 31, United + States Code, the Secretary of the Air Force shall submit to the + Under Secretary of Defense for Acquisition and Sustainment, the + congressional defense committees, and the Comptroller General of + the United States, an annual report on the Space Command and + Control program. (b) Matters to Be Included.--Each report required by subsection (a) shall include the following: - (1) A description of any modification to the metrics - established by the Secretary in the acquisition strategy for - the program. - (2) The short-term objectives for the subsequent fiscal - year. - (3) For the preceding fiscal year, a description of-- - (A) the ongoing, achieved, and deferred objectives; - (B) the challenges encountered and the lessons - learned; - (C) the modifications made or planned so as to - incorporate such lessons learned into subsequent - efforts to address challenges; and - (D) the cost, schedule, and performance effects of - such modifications. + (1) A description of any modification to the metrics + established by the Secretary in the acquisition strategy for the + program. + (2) The short-term objectives for the subsequent fiscal year. + (3) For the preceding fiscal year-- + (A) a description of-- + (i) the ongoing, achieved, and deferred objectives; + (ii) the challenges encountered and the lessons + learned; + (iii) the modifications made or planned so as to + incorporate such lessons learned into subsequent efforts to + address challenges; and + (iv) the cost, schedule, and performance effects of + such modifications; and + (B) a full survey of combatant command requirements, + including Commanders' Integrated Priorities Lists, and impacts + with respect to the program. + (4) A description of potential future combatant command + requirements being considered with respect to the program. (c) Review of Reports and Briefing by Comptroller General.--With respect to each report submitted under this section, the Comptroller General shall review and provide to the congressional defense committees a briefing on a date mutually agreed on by the Comptroller General and the congressional defense committees. +SEC. 1614. REPORT ON SPACE DEBRIS. + (a) In General.--Not later than 240 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +appropriate congressional committees a report on the risks posed by +man-made space debris in low-Earth orbit, including-- + (1) recommendations with respect to the remediation of such + risks; and + (2) outlines of plans to reduce the incidence of such space + debris. + (b) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services and the Committee on + Science, Space, and Technology of the House of Representatives; and + (2) the Committee on Armed Services and the Committee on + Commerce, Science, and Transportation of the Senate. -SEC. 1616. REQUIREMENTS FOR PHASE 2 OF ACQUISITION STRATEGY FOR - NATIONAL SECURITY SPACE LAUNCH PROGRAM. - - In carrying out phase 2 of the acquisition strategy for the -national security space launch program, the Secretary of the Air -Force-- - (1) may not-- - (A) modify the acquisition schedule or mission - performance requirements; or - (B) award missions to more than two launch service - providers; and - (2) shall ensure that launch services are procured only - from launch service providers that use launch vehicles meeting - each Government requirement with respect to required payloads - to reference orbits. - - Subtitle B--Defense Intelligence and Intelligence-related Activities + Subtitle B--Defense Intelligence and Intelligence-Related Activities SEC. 1621. REDESIGNATION OF UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE - AS UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE AND - SECURITY. - +AS UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE AND SECURITY. (a) Redesignation of Under Secretary.-- - (1) In general.--The Under Secretary of Defense for - Intelligence is hereby redesignated as the Under Secretary of - Defense for Intelligence and Security. - (2) Service of incumbent in position.--The individual - serving as Under Secretary of Defense for Intelligence as of - the date of the enactment of this Act may serve as Under - Secretary of Defense for Intelligence and Security commencing - as of that date without further appointment under section 137 - of title 10, United States Code (as amended by subsection - (c)(1)(A)(ii)). - (3) Reference.--Any reference in any law, regulation, map, - document, paper, or other record of the United States to the - Under Secretary of Defense for Intelligence shall be deemed to - be a reference to the Under Secretary of Defense for - Intelligence and Security. + (1) In general.--The Under Secretary of Defense for + Intelligence is hereby redesignated as the Under Secretary of + Defense for Intelligence and Security. + (2) Service of incumbent in position.--The individual serving + as Under Secretary of Defense for Intelligence as of the date of + the enactment of this Act may serve as Under Secretary of Defense + for Intelligence and Security commencing as of that date without + further appointment under section 137 of title 10, United States + Code (as amended by subsection (c)(1)(A)(ii)). + (3) Reference.--Any reference in any law, regulation, map, + document, paper, or other record of the United States to the Under + Secretary of Defense for Intelligence shall be deemed to be a + reference to the Under Secretary of Defense for Intelligence and + Security. (b) Redesignation of Related Deputy Under Secretary.-- - (1) In general.--The Deputy Under Secretary of Defense for - Intelligence is hereby redesignated as the Deputy Under - Secretary of Defense for Intelligence and Security. - (2) Service of incumbent in position.--The individual - serving as Deputy Under Secretary of Defense for Intelligence - as of the date of the enactment of this Act may serve as Deputy - Under Secretary of Defense for Intelligence and Security - commencing as of that date without further appointment under - section 137a of title 10, United States Code (as amended by - subsection (c)(1)(B)). - (3) Reference.--Any reference in any law, regulation, map, - document, paper, or other record of the United States to the - Deputy Under Secretary of Defense for Intelligence shall be - deemed to be a reference to the Deputy Under Secretary of - Defense for Intelligence and Security. - (c) Conforming Amendments.-- - (1) Title 10.--Title 10, United States Code, is amended as + (1) In general.--The Deputy Under Secretary of Defense for + Intelligence is hereby redesignated as the Deputy Under Secretary + of Defense for Intelligence and Security. + (2) Service of incumbent in position.--The individual serving + as Deputy Under Secretary of Defense for Intelligence as of the + date of the enactment of this Act may serve as Deputy Under + Secretary of Defense for Intelligence and Security commencing as of + that date without further appointment under section 137a of title + 10, United States Code (as amended by subsection (c)(1)(B)). + (3) Reference.--Any reference in any law, regulation, map, + document, paper, or other record of the United States to the Deputy + Under Secretary of Defense for Intelligence shall be deemed to be a + reference to the Deputy Under Secretary of Defense for Intelligence + and Security. + (c) Rule of Construction Regarding Effects of Redesignation.-- +Nothing in this section shall be construed to modify or expand the +authorities, resources, responsibilities, roles, or missions of the +Under Secretary of Defense for Intelligence and Security, as +redesignated by this section. + (d) Protection of Privacy and Civil Liberties.--Section 137 of +title 10, United States Code, is amended-- + (1) by redesignating subsection (c) as subsection (d); and + (2) by inserting after subsection (b) the following new + subsection (c): + ``(c) The protection of privacy and civil liberties in accordance +with Federal law and the regulations and directives of the Department +of Defense shall be a top priority for the Under Secretary of Defense +for Intelligence and Security.''. + (e) Conforming Amendments.-- + (1) Title 10.--Title 10, United States Code, is amended as + follows: + (A) In each provision as follows, by striking ``Under + Secretary of Defense for Intelligence'' and inserting ``Under + Secretary of Defense for Intelligence and Security'': + (i) Section 131(b)(3)(F). + (ii) Section 137, each place it appears. + (iii) Section 139a(d)(6). + (iv) Section 139b(c)(2)(E). + (v) Section 181(d)(1)(B). + (vi) Section 393(b)(2)(C). + (vii) Section 426, each place it appears. + (viii) Section 430(a). + (B) In section 137a(c)(6), by striking ``Deputy Under + Secretary of Defense for Intelligence'' and inserting ``Deputy + Under Secretary of Defense for Intelligence and Security''. + (C) The heading of section 137 is amended to read as follows: - (A) In each provision as follows, by striking - ``Under Secretary of Defense for Intelligence'' and - inserting ``Under Secretary of Defense for Intelligence - and Security'': - (i) Section 131(b)(3)(F). - (ii) Section 137, each place it appears. - (iii) Section 139a(d)(6). - (iv) Section 139b(c)(2)(E). - (v) Section 181(d)(1)(B). - (vi) Section 393(b)(2)(C). - (vii) Section 426, each place it appears. - (viii) Section 430(a). - (B) In section 137a(c)(6), by striking ``Deputy - Under Secretary of Defense for Intelligence'' and - inserting ``Deputy Under Secretary of Defense for - Intelligence and Security''. - (C) The heading of section 137 is amended to read - as follows: ``Sec. 137. Under Secretary of Defense for Intelligence and Security''. - (D) The table of sections at the beginning of - chapter 4 is amended by striking the item relating to - section 137 and inserting the following new item: + (D) The table of sections at the beginning of chapter 4 is + amended by striking the item relating to section 137 and + inserting the following new item: ``137. Under Secretary of Defense for Intelligence and Security.''. - (2) Title 5.--Title 5, United States Code, is amended as - follows: - (A) In section 5314, by striking ``Under Secretary - of Defense for Intelligence'' and inserting ``Under - Secretary of Defense for Intelligence and Security''. - (B) In section 5315, by striking ``Deputy Under - Secretary of Defense for Intelligence'' and inserting - ``Deputy Under Secretary of Defense for Intelligence - and Security''. - -SEC. 1622. REPEAL OF CERTAIN REQUIREMENTS RELATING TO INTEGRATION OF - DEPARTMENT OF DEFENSE INTELLIGENCE, SURVEILLANCE, AND - RECONNAISSANCE CAPABILITIES. - - (a) Repeal.--Section 426 of title 10, United States Code, is hereby -repealed. - (b) Clerical Amendment.--The table of sections at the beginning of -chapter 21 of such title is amended by striking the item relating to -section 426. - -SEC. 1623. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN - INTELLIGENCE PERSONNEL. + (2) Title 5.--Title 5, United States Code, is amended as + follows: + (A) In section 5314, by striking ``Under Secretary of + Defense for Intelligence'' and inserting ``Under Secretary of + Defense for Intelligence and Security''. + (B) In section 5315, by striking ``Deputy Under Secretary + of Defense for Intelligence'' and inserting ``Deputy Under + Secretary of Defense for Intelligence and Security''. +SEC. 1622. MODIFICATIONS TO ISR INTEGRATION COUNCIL AND ANNUAL BRIEFING +REQUIREMENTS. + (a) ISR Integration Council.--Subsection (a) of section 426 of +title 10, United States Code, is amended to read as follows: + ``(a) ISR Integration Council.--(1) The Under Secretary of Defense +for Intelligence and Security shall establish an Intelligence, +Surveillance, and Reconnaissance Integration Council-- + ``(A) to assist the Secretary of Defense in carrying out the + responsibilities of the Secretary under section 105(a) of the + National Security Act of 1947 (50 U.S.C. 3038(a)); + ``(B) to assist the Under Secretary with respect to matters + relating to-- + ``(i) integration of intelligence and counterintelligence + capabilities and activities under section 137(b) of this title + of the military departments, intelligence agencies of the + Department of Defense, and relevant combatant commands; and + ``(ii) coordination of related developmental activities of + such departments, agencies, and combatant commands; and + ``(C) to otherwise provide a means to facilitate such + integration and coordination. + ``(2) The Council shall be composed of-- + ``(A) the Under Secretary, who shall chair the Council; + ``(B) the directors of the intelligence agencies of the + Department of Defense; + ``(C) the senior intelligence officers of the armed forces and + the regional and functional combatant commands; + ``(D) the Director for Intelligence of the Joint Chiefs of + Staff; and + ``(E) the Director for Operations of the Joint Chiefs of Staff. + ``(3) The Under Secretary shall invite the participation of the +Director of National Intelligence (or a representative of the Director) +in the proceedings of the Council. + ``(4) The Under Secretary may designate additional participants to +attend the proceedings of the Council, as the Under Secretary +determines appropriate.''. + (b) Annual Briefings.--Such section is further amended by striking +subsections (b) and (c) and inserting the following new subsection (b): + ``(b) Annual Briefings on the Intelligence and Counterintelligence +Requirements of the Combatant Commands.--(1) The Chairman of the Joint +Chiefs of Staff shall provide to the congressional defense committees +and the congressional intelligence committees a briefing on the +following: + ``(A) The intelligence and counterintelligence requirements, by + specific intelligence capability type, of each of the relevant + combatant commands. + ``(B) For the year preceding the year in which the briefing is + provided, the fulfillment rate for each of the relevant combatant + commands of the validated intelligence and counterintelligence + requirements, by specific intelligence capability type, of such + combatant command. + ``(C) A risk analysis identifying the critical gaps and + shortfalls in efforts to address operational and strategic + requirements of the Department of Defense that would result from + the failure to fulfill the validated intelligence and + counterintelligence requirements of the relevant combatant + commands. + ``(D) A mitigation plan to balance and offset the gaps and + shortfalls identified under subparagraph (C), including with + respect to spaceborne, airborne, ground, maritime, and cyber + intelligence, surveillance, and reconnaissance capabilities. + ``(E) For the year preceding the year in which the briefing is + provided-- + ``(i) the number of intelligence and counterintelligence + requests of each commander of a relevant combatant command + determined by the Joint Chiefs of Staff to be a validated + requirement, and the total of capacity of such requests + provided to each such commander; + ``(ii) with respect to such validated requirements-- + ``(I) the quantity of intelligence and + counterintelligence capabilities or activities, by specific + intelligence capability type, that the Joint Chiefs of + Staff requested each military department to provide; and + ``(II) the total of capacity of such requests so + provided by each such military department; and + ``(iii) a qualitative assessment of the alignment of + intelligence and counterintelligence capabilities and + activities with the program of analysis for each combat support + agency and intelligence center of a military service that is + part of-- + ``(I) the Defense Intelligence Enterprise; and + ``(II) the intelligence community. + ``(2) The Under Secretary of Defense for Intelligence and Security +shall provide to the congressional defense committees and the +congressional intelligence committees a briefing on short-, mid-, and +long-term strategies to address the validated intelligence and +counterintelligence requirements of the relevant combatant commands, +including with respect to spaceborne, airborne, ground, maritime, and +cyber intelligence, surveillance, and reconnaissance capabilities. + ``(3) The briefings required by paragraphs (1) and (2) shall be +provided at the same time that the President's budget is submitted +pursuant to section 1105(a) of title 31 for each of fiscal years 2021 +through 2025. + ``(4) In this subsection: + ``(A) The term `congressional intelligence committees' has the + meaning given that term in section 3 of the National Security Act + of 1947 (50 U.S.C. 3003). + ``(B) The term `Defense Intelligence Enterprise' means the + organizations, infrastructure, and measures, including policies, + processes, procedures, and products, of the intelligence, + counterintelligence, and security components of each of the + following: + ``(i) The Department of Defense. + ``(ii) The Joint Staff. + ``(iii) The combatant commands. + ``(iv) The military departments. + ``(v) Other elements of the Department of Defense that + perform national intelligence, defense intelligence, + intelligence-related, counterintelligence, or security + functions. + ``(C) The term `fulfillment rate' means the percentage of + combatant command intelligence and counterintelligence requirements + satisfied by available, acquired, or realigned intelligence and + counterintelligence capabilities or activities. + ``(D) The term `intelligence community' has the meaning given + that term in section 3 of the National Security Act of 1947 (50 + U.S.C. 3003).''. +SEC. 1623. MODIFICATION OF ANNUAL AUTHORIZATION OF APPROPRIATIONS FOR +NATIONAL FLAGSHIP LANGUAGE INITIATIVE. + Section 811(a) of the Fair Chance Act (50 U.S.C. 1911(a)) is +amended-- + (1) by striking ``fiscal year 2003'' and inserting ``fiscal + year 2020''; and + (2) by striking ``$10,000,000'' and inserting ``$16,000,000''. +SEC. 1624. IMPROVING THE ONBOARDING METHODOLOGY FOR INTELLIGENCE +PERSONNEL. (a) In General.--The Secretary of Defense and the Director of National Intelligence shall, consistent with Department of Defense Instruction 1400.25, as in effect on the day before the date of the enactment of this Act-- - (1) not later than 180 days after the date of the enactment - of this Act, submit to the appropriate committees of Congress a - report that outlines a common methodology for measuring - onboarding in covered elements of the intelligence community, - including human resources and security processes; - (2) not later than one year after the date of the enactment - of this Act, issue metrics for assessing key phases in the - onboarding described in paragraph (1) for which results will be - reported by the date that is 90 days after the date of such - issuance; - (3) not later than 180 days after the date of the enactment - of this Act, submit to the appropriate committees of Congress a - report on collaboration among covered elements of the - intelligence community on their onboarding processes; - (4) not later than 180 days after the date of the enactment - of this Act, submit to the appropriate committees of Congress a - report on employment of automated mechanisms in covered - elements of the intelligence community, including for tracking - personnel as they pass through each phase of the onboarding - process; and - (5) not later than December 31, 2020, distribute surveys to - human resources offices and applicants about their experiences - with the onboarding process in covered elements of the - intelligence community. + (1) not later than 180 days after the date of the enactment of + this Act, submit to the appropriate committees of Congress a report + that outlines a common methodology for measuring onboarding in + elements of the intelligence community, including human resources + and security processes; + (2) not later than one year after the date of the enactment of + this Act, issue metrics for assessing key phases in the onboarding + described in paragraph (1) for which results will be reported by + the date that is 90 days after the date of such issuance; + (3) not later than 180 days after the date of the enactment of + this Act, submit to the appropriate committees of Congress a report + on collaboration among elements of the intelligence community on + their onboarding processes; + (4) not later than 180 days after the date of the enactment of + this Act, submit to the appropriate committees of Congress a report + on employment of automated mechanisms in elements of the + intelligence community, including for tracking personnel as they + pass through each phase of the onboarding process; and + (5) not later than December 31, 2020, distribute surveys to + human resources offices and applicants about their experiences with + the onboarding process in elements of the intelligence community. (b) Definitions.--In this section: - (1) The term ``appropriate committees of Congress'' means-- - (A) the Select Committee on Intelligence and the - Committee on Armed Services of the Senate; and - (B) the Permanent Select Committee on Intelligence - and the Committee on Armed Services of the House of - Representatives. - (2) The term ``covered elements of the intelligence - community'' means the elements of the intelligence community - that are within the following: - (A) The Department of Energy. - (B) The Department of Homeland Security. - (C) The Department of Justice. - (D) The Department of State. - (E) The Department of the Treasury. - -SEC. 1624. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ACTIVITIES - ON FACILITATING ACCESS TO LOCAL CRIMINAL RECORDS - HISTORICAL DATA. - - (a) Activity Authorized.--The Director of the Defense -Counterintelligence and Security Agency may carry out a set of -activities relating to facilitating access by the Agency to local -criminal records historical data. + (1) The term ``appropriate committees of Congress'' means-- + (A) the Select Committee on Intelligence and the Committee + on Armed Services of the Senate; and + (B) the Permanent Select Committee on Intelligence and the + Committee on Armed Services of the House of Representatives. + (2) 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). +SEC. 1625. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ACTIVITIES +ON FACILITATING ACCESS TO LOCAL CRIMINAL RECORDS HISTORICAL DATA. + (a) Activity Authorized.--Subject to subsection (c), the Director +of the Defense Counterintelligence and Security Agency may carry out a +set of activities to reduce the time and cost of accessing State, +local, and tribal law enforcement records for the background +investigations required for current and prospective Federal Government +employees and contractors. (b) Activities Characterized.--The activities carried out under -subsection (a) shall include only the following: - (1) Training and education. - (2) Outreach to State, local, and tribal authorities. - (3) Direct assistance. - (c) Reports.-- - (1) Initial report.--Not later than 90 days after the date - of the enactment of this Act, the Director shall submit to the - congressional defense committees a report that details a - concept of operation for the set of activities authorized by - subsection (a). - (2) Annual reports.--Not later than one year after the date - on which the Director submits a report pursuant to paragraph - (1) and not less frequently than once each year thereafter, the - Director shall submit to the congressional defense committees a - detailed report on the activities carried out by the Director - under this section. +subsection (a) shall include only that training, education, and direct +assistance to State, local, and tribal communities needed for the +purpose of streamlining access to historical criminal record data. + (c) Limitations.-- + (1) Commencement of activities.--The Director may not commence + carrying out any activities under subsection (a) until the date + that is 90 days after the date on which the Director submits the + report required by subsection (d)(1). + (2) Legal and reporting obligations.--The Director shall ensure + that no activity carried out under subsection (a) obligates a + State, local, or tribal entity to any additional legal or reporting + obligation to the Defense Counterintelligence and Security Agency. + (3) Scope.--No activity may be carried out under subsection (a) + that applies to any matter outside the limited purpose of + conducting background investigations for current and prospective + Federal Government employees and contractors. + (4) Consistency with access provided.--The Director shall + ensure that the activities carried out under subsection (a) are + carried out in a manner that is consistent with the access provided + by Federal law enforcement entities to the Defense + Counterintelligence and Security Agency. + (d) Reports.-- + (1) Initial report.--Not later than 90 days after the date of + the enactment of this Act, the Director shall submit to the + congressional defense committees, the Select Committee on + Intelligence of the Senate, and the Permanent Select Committee on + Intelligence of the House of Representatives a report that details + a concept of operation for the set of activities authorized by + subsection (a). + (2) Annual reports.--Not later than one year after the date on + which the Director submits a report pursuant to paragraph (1) and + not less frequently than once each year thereafter, the Director + shall submit to the congressional defense committees, the Select + Committee on Intelligence of the Senate, and the Permanent Select + Committee on Intelligence of the House of Representatives a + detailed report on the activities carried out by the Director under + subsection (a). +SEC. 1626. SURVEY AND REPORT ON ALIGNMENT OF INTELLIGENCE COLLECTIONS +CAPABILITIES AND ACTIVITIES WITH DEPARTMENT OF DEFENSE REQUIREMENTS. + (a) Survey and Review.-- + (1) In general.--Not later than 120 days after the date of the + enactment of this Act, the Under Secretary of Defense for + Intelligence and Security, in coordination with the Chairman of the + Joint Chiefs of Staff and the Director of National Intelligence, + shall-- + (A) review the organization, posture, current and planned + investments, and processes of the intelligence collections + capabilities and activities, for the purpose of assessing the + sufficiency, integration, and interoperability of such + capabilities and activities to support the current and future + requirements of the Department of Defense; and + (B) conduct a survey of each geographic and functional + combatant command, with respect to intelligence collections + capabilities and activities, to assess-- + (i) the current state of the support of such + capabilities and activities to military operations; + (ii) whether the posture of such capabilities and + activities is sufficient to address the requirements of the + Department of Defense; + (iii) the extent to which such capabilities and + activities address gaps and deficiencies with respect to + the operational requirements of the Global Campaign Plans, + as identified in the most recent readiness reviews + conducted by the Joint Staff; and + (iv) whether current and planned investments in such + capabilities and activities are sufficient to address near- + , mid-, and long-term spaceborne, airborne, terrestrial, + and human collection capability requirements. + (2) Elements.--The survey and review under paragraph (1) shall + include the following: + (A) A comprehensive assessment of intelligence collections + capabilities and activities, and whether such capabilities and + activities-- + (i) are appropriately postured and sufficiently + resourced to meet current and future requirements of the + Department of Defense; + (ii) are appropriately balanced to address operational + and strategic defense intelligence requirements; and + (iii) are sufficiently integrated and interoperable + between activities of the Military Intelligence Program and + the National Intelligence Program to respond to emerging + requirements of the Department of Defense. + (B) With respect to each geographic and functional + combatant command-- + (i) information on the gaps and deficiencies, by + specific intelligence capability type, described in + paragraph (1)(B)(iii); + (ii) a review of the alignment of such gaps and + deficiencies with the intelligence, surveillance, and + reconnaissance submissions to the integrated priorities + list for the period beginning with the completion of the + most recent readiness reviews conducted by the Joint Staff + and ending on the date of the commencement of the survey + and review under subsection (a); and + (iii) detailed information on the allocation and + realignment of intelligence collections capabilities and + activities to address-- + + (I) such gaps and deficiencies; and + (II) such intelligence, surveillance, and + reconnaissance submissions. + + (b) Report.-- + (1) Submission.--Not later than 270 days after the date of the + enactment of this Act, the Under Secretary of Defense for + Intelligence and Security shall submit to the appropriate + congressional committees a report on the findings of the Under + Secretary with respect to the survey and review under subsection + (a)(1). + (2) Content.--The report under paragraph (1) shall include-- + (A) an evaluation of-- + (i) the organization, posture, current and planned + investments, and processes of the intelligence collections + capabilities and activities, including the extent to which + such capabilities and activities enable the geographic and + functional combatant commands to meet the operational and + strategic requirements of the Department of Defense; + (ii) the use or planned use by each geographic and + functional combatant command of intelligence collections + capabilities and activities available to such command to + address operational and strategic requirements of the + Department of Defense; + (iii) the gaps and deficiencies described in subsection + (a)(1)(B)(iii), if any, that prohibit each geographic and + functional combatant command from the most effective use of + the intelligence collections capabilities and activities to + address priority requirements of the Department of Defense; + (iv) the accepted risk by the Secretary of Defense from + the prioritization of certain Department of Defense + requirements with respect to the allocation of intelligence + collections capabilities and activities; and + (v) the alignment and responsiveness of intelligence + collections capabilities and activities with respect to the + planning requirements for the Program of Analysis of each + combat support agency that is part of-- + + (I) the Defense Intelligence Enterprise; and + (II) the intelligence community; and + + (B) recommendations, if any, to improve the sufficiency, + responsiveness, and interoperability of intelligence + collections capabilities and activities to fulfill the + operational and strategic requirements of the Department of + Defense. + (3) Form.--The report under paragraph (1) shall be submitted in + unclassified form without any designation relating to dissemination + control, but may contain a classified annex. + (c) Definitions.--In this section: + (1) The term ``appropriate congressional committees'' means-- + (A) the congressional defense committees; and + (B) the congressional intelligence committees. + (2) The term ``combat support agency'' has the meaning given + that term in section 193(f) of title 10, United States Code. + (3) The term ``Defense Intelligence Enterprise'' has the + meaning given that term in section 1633(c)(2) of the National + Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; + 130 Stat. 2600). + (4) The term ``intelligence collections capabilities and + activities'' means the totality of intelligence collections systems + and processes which enable the tasking, processing, exploitation, + and dissemination capabilities, capacity, and activities of the + Defense Intelligence Enterprise. + (5) The term ``intelligence community'' has the meaning given + that term in section 3 of the National Security Act of 1947 (50 + U.S.C. 3003). + (6) The term ``congressional intelligence committees'' has the + meaning given that term in section 3 of the National Security Act + of 1947 (50 U.S.C. 3003). +SEC. 1627. REPORTS ON CONSOLIDATED ADJUDICATION FACILITY OF THE DEFENSE +COUNTERINTELLIGENCE AND SECURITY AGENCY. + (a) Reports.--On a semiannual basis during the period beginning on +the date of the enactment of this Act and ending on the date specified +in subsection (b), and annually thereafter, the Director of the Defense +Counterintelligence and Security Agency shall submit to the +congressional defense committees a report on the processes in place for +adjudicating security clearances and the progress made to address the +backlog of security clearance applications, including-- + (1) metrics used by the Director to evaluate the inventory and + timeliness of adjudicating security clearance cases; and + (2) details on the resources used by the Director in carrying + out the security clearance mission of the Consolidated Adjudication + Facility. + (b) Determination and Briefing.--Upon the date on which the +Director of the Defense Counterintelligence and Security Agency +determines both that the backlog of security clearance adjudications +has been substantially eliminated and that the timeline to conduct +background investigations reflects the type of investigation being +conducted and the level of clearance required, the Director shall-- + (1) notify the congressional defense committees of such + determination; and + (2) provide to such committees a briefing on the progress made + by the Director with respect to security clearance adjudications. +SEC. 1628. REPORT ON THE EXPANDED PURVIEW OF THE DEFENSE +COUNTERINTELLIGENCE AND SECURITY AGENCY. + (a) Report Required.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to +Congress a report on the Defense Counterintelligence and Security +Agency. + (b) Contents.--The report submitted under subsection (a) shall +include the following: + (1) Identification of the resources and authorities appropriate + for the inspector general for the expanded purview of the Defense + Counterintelligence and Security Agency. + (2) Identification of the resources and authorities needed to + perform the civil liberties and privacy officer function of the + Defense Counterintelligence and Security Agency. + (3) An assessment of the security protocols in effect for + personally identifiable information held by the Defense + Counterintelligence and Security Agency. + (4) An assessment of the governance structure of the Defense + Counterintelligence and Security Agency as it relates to the + Department of Defense, including with respect to status, + authorities, and leadership. + (5) An assessment of the governance structure of the Defense + Counterintelligence and Security Agency as it relates to + interagency partners, including the Office of Management and + Budget, the Office of the Director of National Intelligence, and + the Office of Personnel Management. + (6) The methodology the Defense Counterintelligence and + Security Agency will prioritize requests for background + investigation requests from government agencies and industry. +SEC. 1629. TERMINATION OF REQUIREMENT FOR DEPARTMENT OF DEFENSE +FACILITY ACCESS CLEARANCES FOR JOINT VENTURES COMPOSED OF PREVIOUSLY- +CLEARED ENTITIES. + A clearance for access to a Department of Defense installation or +facility may not be required for a joint venture if that joint venture +is composed entirely of entities that are currently cleared for access +to such installation or facility. + + Subtitle C--Cyberspace-Related Matters + +SEC. 1631. MATTERS RELATING TO MILITARY OPERATIONS IN THE INFORMATION +ENVIRONMENT. + (a) Principal Information Operations Advisor.-- + (1) In general.--Chapter 19 of title 10, United States Code, is + amended by adding at the end the following new section: +``Sec. 397. Principal Information Operations Advisor + ``(a) Designation.--Not later than 30 days after the enactment of +this Act, the Secretary of Defense shall designate, from among +officials appointed to a position in the Department of Defense by and +with the advice and consent of the Senate, a Principal Information +Operations Advisor to act as the principal advisor to the Secretary on +all aspects of information operations conducted by the Department. + ``(b) Responsibilities.--The Principal Information Operations +Advisor shall have the following responsibilities: + ``(1) Oversight of policy, strategy, planning, resource + management, operational considerations, personnel, and technology + development across all the elements of information operations of + the Department. + ``(2) Overall integration and supervision of the deterrence of, + conduct of, and defense against information operations. + ``(3) Promulgation of policies to ensure adequate coordination + and deconfliction with the Department of State, the intelligence + community (as such term is defined in section 3 of the National + Security Act of 1947 (50 U.S.C. 3003)), and other relevant agencies + and departments of the Federal Government. + ``(4) Coordination with the head of the Global Engagement + Center to support the purpose of the Center (as set forth by + section 1287(a)(2) of the National Defense Authorization Act for + Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note)) and + liaison with the Center and other relevant Federal Government + entities to support such purpose. + ``(5) Establishing and supervising a rigorous risk management + process to mitigate the risk of potential exposure of United States + Persons to information intended exclusively for foreign audiences. + ``(6) Promulgation of standards for the attribution or public + acknowledgment, if any, of operations in the information + environment. + ``(7) Development of guidance for, and promotion of, the + capability of the Department to liaison with the private sector and + academia on matters relating to the influence activities of malign + actors. + ``(8) Such other matters relating to information operations as + the Secretary shall specify for purposes of this subsection.''. + (2) Clerical amendments.-- + (A) Chapter 19.-- + (i) Chapter heading.--The heading of chapter 19 of such + title is amended to read as follows: + + ``CHAPTER 19--CYBER AND INFORMATION OPERATIONS MATTERS''. + + (ii) Table of sections.--The table of sections at the + beginning of chapter 19 of such title is amended by + inserting at the end the following new item: - Subtitle C--Cyberspace-related Matters +``397. Principal Information Operations Advisor.''. -SEC. 1631. REORIENTATION OF BIG DATA PLATFORM PROGRAM. + (B) Table of chapters.--The table of chapters for part I of + subtitle A of such title is amended by striking the item + relating to chapter 19 and inserting the following new item: +``19. Cyber and Information Operations Matters....................391''. + + (b) Affirming the Authority of the Secretary of Defense to Conduct +Military Operations in the Information Environment.--(1) Congress +affirms that the Secretary of Defense is authorized to conduct military +operations, including clandestine operations, in the information +environment to defend the United States, allies of the United States, +and interests of the United States, including in response to malicious +influence activities carried out against the United States or a United +States person by a foreign power. + (2) The military operations referred to in paragraph (1), when +appropriately authorized include the conduct of military operations +short of hostilities and in areas outside of areas of active +hostilities for the purpose of preparation of the environment, +influence, force protection, and deterrence of hostilities. + (c) Treatment of Clandestine Military Operations in the Information +Environment as Traditional Military Activities.--A clandestine military +operation in the information environment shall be considered a +traditional military activity for the purposes of section 503(e)(2) of +the National Security Act of 1947 (50 U.S.C. 3093(e)(2)). + (d) Quarterly Information Operations Briefings.--(1) Not less +frequently than once each quarter, the Secretary of Defense shall +provide the congressional defense committees a briefing on significant +military operations, including all clandestine operations in the +information environment, carried out by the Department of Defense +during the immediately preceding quarter. + (2) Each briefing under paragraph (1) shall include, with respect +to the military operations in the information environment described in +such paragraph, the following: + (A) An update, disaggregated by geographic and functional + command, that describes the operations carried out by the commands. + (B) An overview of authorities and legal issues applicable to + the operations, including any relevant legal limitations. + (C) An outline of any interagency activities and initiatives + relating to the operations. + (D) Such other matters as the Secretary considers appropriate. + (e) Rule of Construction.--Nothing in this section may be construed +to limit, expand, or otherwise alter the authority of the Secretary to +conduct military operations, including clandestine operations, in the +information environment, to authorize specific military operations, or +to limit, expand, or otherwise alter or otherwise affect the War Powers +Resolution (50 U.S.C. 1541 et seq.) or an authorization for use of +military force that was in effect on the day before the date of the +enactment of this Act. + (f) Cross-functional Team.-- + (1) Establishment.--The Principal Information Operations + Advisor shall integrate the expertise in all elements of + information operations and perspectives of appropriate + organizations within the Office of the Secretary of Defense, Joint + Staff, military departments, Defense Agencies, and combatant + commands by establishing and maintaining a full-time cross- + functional team composed of subject-matter experts selected from + those organizations. + (2) Selection and organization.--The cross-functional team + established under paragraph (1) shall be selected, organized, and + managed in a manner consistent with section 911 of the National + Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; + 10 U.S.C. 111 note). + (g) Strategy and Posture Review.-- + (1) Strategy and posture review required.--Not later than 270 + days after the date of the enactment of this Act, the Secretary of + Defense, acting through the Principal Information Operations + Advisor under section 397 of title 10, United States Code (as added + by subsection (a)) and the cross-functional team established under + subsection (f)(1), shall-- + (A) develop or update, as appropriate, a strategy for + operations in the information environment, including how such + operations will be synchronized across the Department of + Defense and the global, regional, and functional interests of + the combatant commands; + (B) conduct an information operations posture review, + including an analysis of capability gaps that inhibit the + Department's ability to successfully execute the strategy + developed or updated pursuant to subparagraph (A); + (C) designate Information Operations Force Providers and + Information Operations Joint Force Trainers for the Department + of Defense; + (D) develop and persistently manage a joint lexicon for + terms related to information operations, including + ``information operations'', ``information environment'', + ``operations in the information environment'', and + ``information related capabilities''; and + (E) determine the collective set of combat capabilities + that will be treated as part of operations in the information + environment, including cyber warfare, space warfare, military + information support operations, electronic warfare, public + affairs, and civil affairs. + (2) Coordination on certain cyber matters.--For any matters in + the strategy and posture review under paragraph (1) that involve or + relate to Department of Defense cyber capabilities, the Principal + Information Operations Advisor shall fully collaborate with the + Principal Cyber Advisor to the Secretary of Defense. + (3) Elements.--At a minimum, the strategy developed or updated + pursuant to paragraph (1)(A) shall include the following: + (A) The establishment of lines of effort, objectives, and + tasks that are necessary to implement such strategy and + eliminate the capability gaps identified under paragraph + (1)(B). + (B) In partnership with the Principal Cyber Advisor to the + Secretary of Defense and in coordination with any other + component or Department of Defense entity as selected by the + Secretary of Defense, an evaluation of any organizational + changes that may be required within the Office of the Secretary + of Defense, including potential changes to Under Secretary or + Assistant Secretary-level positions to comprehensively conduct + oversight of policy development, capabilities, and other + aspects of operations in the information environment as + determined pursuant to the information operations posture + review under paragraph (1)(B). + (C) An assessment of various models for operationalizing + information operations, including the feasibility and + advisability of establishing an Army Information Warfare + Command. + (D) A review of the role of information operations in + combatant commander operational planning, the ability of + combatant commanders to respond to hostile acts by adversaries, + and the ability of combatant commanders to engage and build + capacity with allies. + (E) A review of the law, policies, and authorities relating + to, and necessary for, the United States to conduct military + operations, including clandestine military operations, in the + information environment. + (4) Submission to congress.--Upon completion, the Secretary of + Defense shall present the strategy for operations in the + information environment and the information operations posture + review under subparagraphs (A) and (B), respectively, of paragraph + (1) to the Committees on Armed Services of the House of + Representatives and the Senate. + (h) Report.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Defense shall provide the + Committee on Armed Services of the Senate and the Committee on + Armed Services of the House of Representatives a report for the + structuring and manning of information operations capabilities and + forces across the Department of Defense. The Secretary shall + provide such Committees with quarterly updates on such plan. + (2) Elements.--The plan required under paragraph (1) shall + address the following: + (A) How the Department of Defense will organize to develop + a combined information operations strategy and posture review + under subsection (g). + (B) How the Department will fulfill the roles and + responsibilities of the Principal Information Operations + Advisor under section 397 of title 10, United States Code (as + added by subsection (a)). + (C) How the Department will establish the information + operations cross-functional team under subsection (f)(1). + (D) How the Department will utilize boards and working + groups involving senior-level Department representatives on + information operations. + (E) Such other matters as the Secretary of Defense + considers appropriate. + (i) Definitions.--In this section: + (1) The terms ``foreign person'' and ``United States person'' + have the meanings given such terms in section 101 of the Foreign + Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). + (2) The term ``hostilities'' has the same meaning as such term + is used in the War Powers Resolution (50 U.S.C. 1541 et seq.). + (3) The term ``clandestine military operation in the + information environment'' means an operation or activity, or + associated preparatory actions, authorized by the President or the + Secretary of Defense, that-- + (A) is marked by, held in, or conducted with secrecy, where + the intent is that the operation or activity will not be + apparent or acknowledged publicly; and + (B) is to be carried out-- + (i) as part of a military operation plan approved by + the President or the Secretary of Defense; + (ii) to deter, safeguard, or defend against attacks or + malicious influence activities against the United States, + allies of the United States, and interests of the United + States; + (iii) in support of hostilities or military operations + involving the United States armed forces; or + (iv) in support of military operations short of + hostilities and in areas where hostilities are not + occurring for the purpose of preparation of the + environment, influence, force protection, and deterrence. +SEC. 1632. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER +OPERATIONS. + Section 395 of title 10, United States Code, is amended-- + (1) in subsection (b)(3), by inserting ``, signed by the + Secretary, or the Secretary's designee,'' after ``written + notification''; and + (2) in subsection (c)-- + (A) in paragraph (1)-- + (i) in subparagraph (A), by striking ``and'' after the + semicolon at the end; + (ii) by redesignating subparagraph (B) as subparagraph + (C); and + (iii) by inserting after subparagraph (A) the following + new subparagraph: + ``(B) is determined to-- + ``(i) have a medium or high collateral effects + estimate; + ``(ii) have a medium or high intelligence gain or loss; + ``(iii) have a medium or high probability of political + retaliation, as determined by the political military + assessment contained within the associated concept of + operations; + ``(iv) have a medium or high probability of detection + when detection is not intended; or + ``(v) result in medium or high collateral effects; + and''; and + (B) in paragraph (2)(B), by striking ``outside the + Department of Defense Information Networks to defeat an ongoing + or imminent threat''. +SEC. 1633. EVALUATION OF CYBER VULNERABILITIES OF MAJOR WEAPON SYSTEMS +OF THE DEPARTMENT OF DEFENSE. + Section 1647 of the National Defense Authorization Act for Fiscal +Year 2016 (Public Law 114-92) is amended by adding at the end the +following new subsections: + ``(f) Written Notification.--If the Secretary determines that the +Department will not complete an evaluation of the cyber vulnerabilities +of each major weapon system of the Department by the date specified in +subsection (a)(1), the Secretary shall provide to the congressional +defense committees written notification relating to each such +incomplete evaluation. Such a written notification shall include the +following: + ``(1) An identification of each major weapon system for which + an evaluation will not be complete by the date specified in + subsection (a)(1), the anticipated date of completion of the + evaluation of each such weapon system, and a description of the + remaining work to be done for the evaluation of each such weapon + system. + ``(2) A justification for the inability to complete such an + evaluation by the date specified in subsection (a)(1). + ``(g) Report.--The Secretary, acting through the Under Secretary of +Defense for Acquisition and Sustainment, shall provide a report to the +congressional defense committees upon completion of the requirement for +an evaluation of the cyber vulnerabilities of each major weapon system +of the Department under this section. Such report shall include the +following: + ``(1) An identification of cyber vulnerabilities of each major + weapon system requiring mitigation. + ``(2) An identification of current and planned efforts to + address the cyber vulnerabilities of each major weapon system + requiring mitigation, including efforts across the doctrine, + organization, training, materiel, leadership and education, + personnel, and facilities of the Department. + ``(3) A description of joint and common cyber vulnerability + mitigation solutions and efforts, including solutions and efforts + across the doctrine, organization, training, materiel, leadership + and education, personnel, and facilities of the Department. + ``(4) A description of lessons learned and best practices + regarding evaluations of the cyber vulnerabilities and cyber + vulnerability mitigation efforts relating to major weapon systems, + including an identification of useful tools and technologies for + discovering and mitigating vulnerabilities, such as those specified + in section 1657 of the John S. McCain National Defense + Authorization Act for Fiscal Year 2019 (Public Law 115-232), and + steps taken to institutionalize the use of these tools and + technologies. + ``(5) A description of efforts to share lessons learned and + best practices regarding evaluations of the cyber vulnerabilities + and cyber vulnerability mitigation efforts of major weapon systems + across the Department. + ``(6) An identification of measures taken to institutionalize + evaluations of cyber vulnerabilities of major weapon systems, + including an identification of which major weapon systems evaluated + under this section will be reevaluated in the future, when these + evaluations will occur, and how evaluations will occur for future + major weapon systems. + ``(7) Information relating to guidance, processes, procedures, + or other activities established to mitigate or address the + likelihood of cyber vulnerabilities of major weapon systems by + incorporation of lessons learned in the research, development, + test, evaluation, and acquisition cycle, including promotion of + cyber education of the acquisition workforce. + ``(8) An identification of systems to be incorporated into or + that have been incorporated into the National Security Agency's + Strategic Cybersecurity Program and the status of these systems in + the Program. + ``(9) Any other matters the Secretary determines relevant.''. +SEC. 1634. QUARTERLY ASSESSMENTS OF THE READINESS OF CYBER MISSION +FORCES. + (a) In General.--Section 484(b) 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): + ``(4) An overview of the readiness of the Cyber Mission Forces + to perform assigned missions that-- + ``(A) address all of the abilities of such Forces to + conduct cyberspace operations based on capability and capacity + of personnel, equipment, training, and equipment condition-- + ``(i) using both quantitative and qualitative metrics; + and + ``(ii) in a way that is common to all military + departments; and + ``(B) is consistent with readiness reporting pursuant to + section 482 of this title.''. + (b) Metrics.-- + (1) Establishment required.--The Secretary of Defense shall + establish metrics for the assessment of the readiness of the Cyber + Mission Forces of the Department of Defense. + (2) Briefings required.--Not later than 90 days after the date + of the enactment of this Act and quarterly thereafter until + completion of the establishment of the metrics under paragraph (1), + the Secretary shall provide a briefing to the congressional defense + committees on such metrics, including progress as required pursuant + to subsection (c). + (c) Modification of Readiness Reporting System.--Not later than 180 +days after the date of the enactment of this Act, the Secretary shall +take such actions as the Secretary considers appropriate to ensure that +the comprehensive readiness reporting system established pursuant to +section 117(a) of title 10, United States Code, covers matters relating +to the readiness of the Cyber Mission Forces-- + (1) using the metrics established pursuant to subsection + (b)(1); and + (2) in a manner that is consistent with sections 117 and 482 of + such title. + (d) First Quarterly Briefing Assessing Cyber Readiness.--The +amendments made by subsection (a) shall take effect on the date that is +180 days after the date of the enactment of this Act. +SEC. 1635. CYBER POSTURE REVIEW. + Section 1644 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91) is amended-- + (1) in subsection (a), by inserting ``, not later than December + 31, 2022, and quadrennially thereafter,'' before ``conduct''; + (2) in subsection (b), by striking ``the review'' and inserting + ``each review''; + (3) in subsection (c)-- + (A) in the matter preceding paragraph (1), by striking + ``The review'' and inserting ``Each review''; + (B) by redesignating paragraph (9) as paragraph (11); and + (C) by inserting after paragraph (8) the following new + paragraphs: + ``(9) An assessment of the potential costs, benefits, and + value, if any, of establishing a cyber force as a separate + uniformed service. + ``(10) Any recurrent problems or capability gaps that remain + unaddressed since the previous posture review.''; + (4) in subsection (d)-- + (A) in paragraph (1), by striking ``the cyber'' and + inserting ``each cyber''; + (B) in paragraph (2), by striking ``The report'' and + inserting ``Each report''; and + (C) by striking paragraph (3); and + (5) in subsection (e), by striking ``period beginning on the + date that is five years after the date of the enactment of this Act + and ending on the date that is 10 years after such date of + enactment'' and inserting ``eight-year period that begins on the + date of each review conducted under subsection (a)''. +SEC. 1636. MODIFICATION OF ELEMENTS OF ASSESSMENT REQUIRED FOR +TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER OF THE UNITED STATES +CYBER COMMAND. + Section 1642 of the National Defense Authorization Act for Fiscal +Year 2017 (130 Stat. 2601; Public Law 114-328) is amended-- + (1) in subsection (b)(2)(C)-- + (A) in clause (ii), by inserting ``and national + intelligence operations'' after ``operations''; + (B) by amending clause (iii) to read as follows: + ``(iii) The tools, weapons, and accesses used in and + available for military cyber operations are sufficient for + achieving required effects and United States Cyber Command + is capable of acquiring or developing such tools, weapons, + and accesses.''; and + (C) by amending clause (vi) to read as follows: + ``(vi) The Cyber Mission Force has achieved full + operational capability and has demonstrated the capacity to + execute the cyber missions of the Department, including the + following: + + ``(I) Execution of national-level missions through + cyberspace, including deterrence and disruption of + adversary cyber activity. + ``(II) Defense of the Department of Defense + Information Network. + ``(III) Support for other combatant commands, + including targeting of adversary military assets.''; + + (2) by redesignating subsection (c) as subsection (d); and + (3) by inserting after subsection (b) the following new + subsection: + ``(c) Biannual Briefing.-- + ``(1) In general.--Not later than 90 days after the date of the + enactment of this subsection and biannually thereafter, the + Secretary of Defense and the Director of National Intelligence + shall provide to the appropriate committees of Congress briefings + on the nature of the National Security Agency and United States + Cyber Command's current and future partnership. Briefings under + this subsection shall not terminate until the certification + specified in subsection (a) is issued. + ``(2) Elements.--Each briefing under this subsection shall + include status updates on the current and future National Security + Agency-United States Cyber Command partnership efforts, including + relating to the following: + ``(A) Common infrastructure and capability acquisition. + ``(B) Operational priorities and partnership. + ``(C) Research and development partnership. + ``(D) Executed documents, written memoranda of agreements + or understandings, and policies issued governing such current + and future partnership. + ``(E) Projected long-term efforts.''. +SEC. 1637. MODIFICATION OF CYBER SCHOLARSHIP PROGRAM. + Section 2200a(a)(1) of title 10, United States Code, is amended by +striking ``or advanced degree, or a certification,'' and inserting +``advanced degree, or certificate''. +SEC. 1638. TIER 1 EXERCISE OF SUPPORT TO CIVIL AUTHORITIES FOR A CYBER +INCIDENT. + Section 1648 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232) is amended-- + (1) in subsection (a), by striking ``The'' and inserting ``Not + later than May 1, 2020, the''; and + (2) by adding at the end the following new subsection: + ``(c) Limitation.--Of the funds authorized to be appropriated by +this Act or otherwise made available for fiscal year 2020 for the +Department of Defense for the White House Communications Agency, not +more than 90 percent of such funds may be obligated or expended until +the initiation of the tier 1 exercise required under subsection (a).''. +SEC. 1639. EXTENSION OF THE CYBERSPACE SOLARIUM COMMISSION. + Paragraph (1) of section 1652(k) of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is +amended by striking ``September 1, 2019'' and inserting ``April 30, +2020''. +SEC. 1640. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CYBER +OPERATIONS-PECULIAR CAPABILITY DEVELOPMENT PROJECTS. + (a) In General.--The Secretary of Defense and each Secretary of the +military departments concerned may obligate and expend not more than +$3,000,000 of amounts authorized to be appropriated for operation and +maintenance per service in each of fiscal years 2020 through 2022 to +carry out cyber operations-peculiar capability development projects. + (b) Notification.--Not later than 15 days after exercising the +authority provided for in subsection (a), the Secretary of Defense, or +his designee, and each Secretary of the military departments concerned, +or their designees, shall notify the congressional defense committees +of such exercise for projects exceeding $500,000. + (c) Report.--Not later than December 31 of each year through 2022, +the Secretary of Defense shall submit to the congressional defense +committees a report on obligations and expenditures made pursuant to +the authority provided for in subsection (a). Each such report shall +include a full description and evaluation of each of the cyber +operations-peculiar capability development projects that is the subject +of each such obligation or expenditure, definitions and standards for +cyber operations-peculiar requirements, transition plans, and any other +matters the Secretary determines relevant. +SEC. 1641. ROLE OF CHIEF INFORMATION OFFICER IN IMPROVING ENTERPRISE- +WIDE CYBERSECURITY. + (a) In General.--In carrying out the responsibilities established +in section 142 of title 10, United States Code, the Chief Information +Officer of the Department of Defense shall, to the maximum extent +practicable, ensure that the cybersecurity programs and capabilities of +the Department-- + (1) fit into an enterprise-wide cybersecurity architecture; + (2) are maximally interoperable with each other, including + those programs and capabilities deployed by the components of the + Department; + (3) enhance enterprise-level visibility and responsiveness to + threats; and + (4) are developed, procured, instituted, and managed in a cost- + efficient manner, exploiting economies of scale and enterprise-wide + services and discouraging unnecessary customization and piecemeal + acquisition. + (b) Requirements.--In carrying out subsection (a), the Chief +Information Officer shall-- + (1) manage and modernize the cybersecurity architecture of the + Department, including-- + (A) ensuring the cybersecurity architecture of the + Department maximizes cybersecurity capability, network, and + endpoint activity data sharing across Department components; + (B) ensuring the cybersecurity architecture of the + Department supports improved automaticity of cybersecurity + detection and response; and + (C) modernizing and configuring the Department's + standardized deployed perimeter, network-level, and endpoint + capabilities to improve interoperability, meet pressing + capability needs, and negate common adversary tactics, + techniques, and procedures; + (2) establish mechanisms to enable and mandate, as necessary, + cybersecurity capability and network and endpoint activity data- + sharing across Department components; + (3) make mission data, through data tagging, automatic + transmission, and other means, accessible and discoverable by + Department components other than owners of such mission data; + (4) incorporate into the cybersecurity architecture of the + Department emerging cybersecurity technologies from the Defense + Advanced Research Projects Agency, the Strategic Capabilities + Office, the Defense Innovation Unit, the laboratories of the + military departments, and the commercial sector; + (5) ensure that the Department possesses the necessary + computing infrastructure, through technology refresh, installation + or acquisition of bandwidth, and the use of cloud computing power, + to host and enable necessary cybersecurity capabilities; and + (6) utilize the Department's cybersecurity expertise to improve + cybersecurity performance, operations, and acquisition, including-- + (A) the cybersecurity testing, architecting, and + engineering expertise of the National Security Agency; and + (B) the technology policy, workforce, and engineering + expertise of the Defense Digital Service. +SEC. 1642. NOTIFICATION OF DELEGATION OF AUTHORITIES TO THE SECRETARY +OF DEFENSE FOR MILITARY OPERATIONS IN CYBERSPACE. + (a) In General.--The Secretary of Defense shall provide written +notification to the Committee on Armed Services of the House of +Representatives and the Committee on Armed Services of the Senate of +the following: + (1) Authorities delegated to the Secretary by the President for + military operations in cyberspace that are otherwise held by the + National Command Authority, not later than 15 days after any such + delegation. A notification under this paragraph shall include a + description of the authorities delegated to the Secretary. + (2) Concepts of operations approved by the Secretary pursuant + to delegated authorities described in paragraph (1), not later than + 15 days after any such approval. A notification under this + paragraph shall include the following: + (A) A description of authorized activities to be conducted + or planned to be conducted pursuant to such authorities. + (B) The defined military objectives relating to such + authorities. + (C) A list of countries in which such authorities may be + exercised. + (D) A description of relevant orders issued by the + Secretary in accordance with such authorities. + (b) Procedures.-- + (1) In general.--The Secretary of Defense shall establish and + submit to the Committee on Armed Services of the House of + Representatives and the Committee on Armed Services of the Senate + procedures for complying with the requirements of subsection (a), + consistent with the national security of the United States and the + protection of operational integrity. The Secretary shall promptly + notify such committees in writing of any changes to such procedures + at least 14 days prior to the adoption of any such changes. + (2) Sufficiency.--The Committee on Armed Services of the House + of Representatives and the Committee on Armed Services of the + Senate shall ensure that committee procedures designed to protect + from unauthorized disclosure classified information relating to + national security of the United States are sufficient to protect + the information that is submitted to such committees pursuant to + this section. + (3) Notification in event of unauthorized disclosure.--In the + event of an unauthorized disclosure of authorities covered by this + section, the Secretary of Defense shall ensure, to the maximum + extent practicable, that the Committee on Armed Services of the + House of Representatives and the Committee on Armed Services of the + Senate are notified immediately. Notification under this paragraph + may be verbal or written, but in the event of a verbal + notification, a written notification signed by the Secretary shall + be provided by not later than 48 hours after the provision of such + verbal notification. +SEC. 1643. LIMITATION OF FUNDING FOR CONSOLIDATED AFLOAT NETWORKS AND +ENTERPRISE SERVICES. + Of the funds authorized to be appropriated by this Act for fiscal +year 2020 for the Consolidated Afloat Networks and Enterprise Services, +not more than 85 percent of such funds may be obligated or expended +until the Secretary of the Navy and the Chief Information Officer of +the Department of Defense independently certify to the congressional +defense committees, the Permanent Select Committee on Intelligence of +the House of Representatives, and the Select Committee on Intelligence +of the Senate that recommendations in the Audit of Consolidated Afloat +Networks and Enterprise Services Security Safeguards (DODIG-2019-072) +have been implemented. +SEC. 1644. ANNUAL MILITARY CYBERSPACE OPERATIONS REPORT. + (a) In General.--Not later than March 1 of each year, the Secretary +of Defense shall provide to the congressional defense committees a +written report summarizing all named military cyberspace operations +conducted in the previous calendar year, including cyber effects, +operations, cyber effects enabling operations, and cyber operations +conducted as defensive operations. Each such summary should be +organized by adversarial country and should include the following for +each named operation: + (1) An identification of the objective and purpose. + (2) Descriptions of the impacted countries, organizations, or + forces, and nature of the impact. + (3) A description of methodologies used for the cyber effects + operation or cyber effects enabling operation. + (4) An identification of the Cyber Mission Force teams, or + other Department of Defense entity or units, that conducted such + operation, and supporting teams, entities, or units. + (5) An identification of the infrastructures on which such + operations occurred. + (6) A description of relevant legal, operational, and funding + authorities. + (7) Additional costs beyond baseline operations and maintenance + and personnel costs directly associated with the conduct of the + cyber effects operation or cyber effects enabling operation. + (8) Any other matters the Secretary determines relevant. + (b) Classification.--The Secretary of Defense shall provide each +report required under subsection (a) at a classification level the +Secretary determines appropriate. + (c) Limitation.--This section does not apply to cyber-enabled +military information support operations or military deception +operations. +SEC. 1645. ANNUAL REPORT ON CYBER ATTACKS AND INTRUSIONS AGAINST THE +DEPARTMENT OF DEFENSE BY CERTAIN FOREIGN ENTITIES. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and each fiscal year thereafter through fiscal +year 2023, the Principal Cyber Advisor to the Secretary of Defense and +Chief Information Officer of the Department of Defense shall submit to +the congressional defense committees a report on cyber attacks and +intrusions in the previous 12 months by agents or associates of the +Governments of the Russian Federation, the People's Republic of China, +the Islamic Republic of Iran, and the Democratic People's Republic of +Korea against or into the information systems (as such term is defined +in section 3502 of title 44, United States Code) of-- + (1) the Department of Defense; and + (2) any contractor of the Department of Defense that works on + sensitive United States military technology. + (b) Form.--The report required by subsection (a) shall be submitted +in classified form. The data in such report shall be aggregated from +U.S. Cyber Command, the Defense Information Systems Agency, the +military services and Department of Defense agencies, the Joint Staff, +and the Office of the Secretary of Defense. +SEC. 1646. CONTROL AND ANALYSIS OF DEPARTMENT OF DEFENSE DATA STOLEN +THROUGH CYBERSPACE. + (a) Requirements.--If the Secretary of Defense determines that +significant Department of Defense data may have been stolen through +cyberspace and evidence of theft of the data in question-- + (1) is in the possession of a component of the Department, the + Secretary shall-- + (A) either transfer or replicate and transfer such + Department data in a prompt and secure manner to a secure + repository with access by Department personnel appropriately + limited on a need-to-know basis or otherwise ensure such + consistent access to the relevant data by other means; + (B) ensure the Department applies such automated analytic + tools and capabilities to the repository of potentially + compromised data as are necessary to rapidly understand the + scope and effect of the potential compromise; + (C) for high priority and mission critical Department + systems, develop analytic products that characterize the scope + of data compromised; + (D) ensure that relevant mission-affected entities in the + Department are made aware of the theft or possible theft and, + as damage assessment and mitigation proceeds, are kept apprised + of the extent of the data stolen; and + (E) ensure that Department counterintelligence + organizations are-- + (i) fully integrated with any damage assessment team + assigned to the breach; + (ii) fully informed of the data that have or + potentially have been stolen and the effect of such theft; + and + (iii) provided resources and tasked, in conjunction + with subject matter experts and responsible authorities, to + immediately and appropriately respond, including through + the development and execution of relevant countermeasures, + to any breach involving espionage and data theft; or + (2) is in the possession of or under controls or restrictions + imposed by the Federal Bureau of Investigation, or a national + counterintelligence or intelligence organization, the Secretary + shall determine, jointly with the Director of the Federal Bureau of + Investigation or the Director of National Intelligence, as + appropriate, the most expeditious process, means, and conditions + for carrying out the activities otherwise required by paragraph + (1). + (b) Recommendations.--Not later than 90 days after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees such recommendations as the Secretary may have for +legislative or administrative action to address such barriers that may +be inhibiting the implementation of this section. +SEC. 1647. USE OF NATIONAL SECURITY AGENCY CYBERSECURITY EXPERTISE TO +SUPPORT EVALUATION OF COMMERCIAL CYBERSECURITY PRODUCTS. + (a) Advisory Mission.--The National Security Agency shall, as a +mission in its role in securing the information systems of the +Department of Defense, advise and assist the Department of Defense in +its evaluation and adoption of cybersecurity products and services from +industry, especially the commercial cybersecurity sector. + (b) Program to Improve Acquisition of Cybersecurity Products and +Services.-- + (1) Establishment.--Consistent with subsection (a), the + Director of the National Security Agency shall establish a + permanent program consisting of market research, testing, and + expertise transmission, or augments to existing programs, to + improve the evaluation by the Department of Defense of + cybersecurity products and services. + (2) Requirements.--Under the program established pursuant to + paragraph (1), the Director shall, independently and at the request + of the components of the Department of Defense-- + (A) test and evaluate commercially available cybersecurity + products and services using-- + (i) generally known cyber operations techniques; and + (ii) tools and cyber operations techniques and advanced + tools and techniques available to the National Security + Agency; + (B) develop and establish standard procedures, techniques, + and threat-informed metrics to perform the testing and + evaluation required by subparagraph (A); and + (C) advise the Chief Information Officer and the components + of the Department of Defense on the merits and disadvantages of + evaluated cybersecurity products, including with respect to-- + (i) any synergies between products; + (ii) value; + (iii) matters relating to operation and maintenance; + and + (iv) matters relating to customization requirements. + (3) Limitations.--The program established under paragraph (1) + may not-- + (A) by used to accredit cybersecurity products and services + for use by the Department; + (B) create approved products lists; or + (C) be used for the procurement and fielding of + cybersecurity products on behalf of the Department. +SEC. 1648. FRAMEWORK TO ENHANCE CYBERSECURITY OF THE UNITED STATES +DEFENSE INDUSTRIAL BASE. + (a) Framework Required.--Not later than February 1, 2020, the +Secretary of Defense shall develop a consistent, comprehensive +framework to enhance cybersecurity for the United States defense +industrial base. + (b) Elements.--The framework developed pursuant to subsection (a) +shall include the following: + (1) Identification of unified cybersecurity standards, + regulations, metrics, ratings, third-party certifications, or + requirements to be imposed on the defense industrial base for the + purpose of assessing the cybersecurity of individual contractors. + (2) Roles and responsibilities of the Under Secretary of + Defense for Acquisition and Sustainment, the Under Secretary of + Defense for Intelligence and Security, the Chief Information + Officer, the Director of the Protecting Critical Technologies Task + Force, and the Secretaries of the military departments relating to + the following: + (A) Establishing and ensuring compliance with cybersecurity + standards, regulations, and policies. + (B) Deconflicting existing cybersecurity standards, + regulations, and policies. + (C) Coordinating with and providing assistance to the + defense industrial base for cybersecurity matters, particularly + as relates to the programs and processes described in + paragraphs (8) and (9). + (D) Management and oversight of the acquisition process, + including responsibility determination, solicitation, award, + and contractor management, relating to cybersecurity standards, + regulations, metrics, ratings, third-party certifications, or + requirements. + (3) The responsibilities of the prime contractors, and all + subcontractors in the supply chain, for implementing the required + cybersecurity standards, regulations, metrics, ratings, third-party + certifications, and requirements identified under paragraph (1). + (4) Definitions for ``Controlled Unclassified Information'' + (CUI) and ``For Official Use Only'' (FOUO), as well as policies + regarding protecting information designated as either of such. + (5) Methods and programs for managing controlled unclassified + information, and for limiting the presence of unnecessary sensitive + information on contractor networks. + (6) A plan to provide implementation guidance, education, + manuals, and, as necessary, direct technical support or assistance, + to contractors on matters relating to cybersecurity. + (7) Quantitative metrics for assessing the effectiveness of the + overall framework over time, with respect to the exfiltration of + controlled unclassified information from the defense industrial + base. + (8) A comprehensive list of current and planned Department of + Defense programs to assist the defense industrial base with + cybersecurity compliance requirements of the Department, including + those programs that provide training, expertise, and funding, and + maintain approved security products lists and approved providers + lists. + (9) Processes for enhanced threat information sharing between + the Department of Defense and the defense industrial base. + (c) Matters for Consideration.--In developing the framework +pursuant to subsection (a), the Secretary shall consider the following: + (1) Designating an official to be responsible for the + cybersecurity of the defense industrial base. + (2) Risk-based methodologies, standards, metrics, and tiered + cybersecurity requirements for the defense industrial base, + including third-party certifications such as the Cybersecurity + Maturity Model Certification pilot program, as the basis for a + mandatory Department standard. + (3) Tailoring cybersecurity requirements for small- and medium- + sized contractors based on a risk-based approach. + (4) Ensuring a consistent approach across the Department to + cybersecurity standards, regulations, metrics, ratings, third-party + certifications, or requirements of the defense industrial base. + (5) Ensuring the Department's traceability and visibility of + cybersecurity compliance of suppliers to all levels of the supply + chain. + (6) Evaluating incentives and penalties for cybersecurity + performance of suppliers. + (7) Integrating cybersecurity and traditional + counterintelligence measures, requirements, and programs. + (8) Establishing a secure software development environment + (DevSecOps) in a cloud environment inside the perimeter of the + Department for contractors to perform their development work. + (9) Establishing a secure cloud environment through which + contractors may access the data of the Department needed for their + contract work. + (10) An evaluation of the resources and utilization of + Department programs to assist the defense industrial base in + complying with cybersecurity compliance requirements referred to in + subsection (b)(1). + (11) Technological means, operational concepts, reference + architectures, offensive counterintelligence operation concepts, + and plans for operationalization to complicate adversary espionage, + including honeypotting and data obfuscation. + (12) Implementing enhanced security vulnerability assessments + for contractors working on critical acquisition programs, + technologies, manufacturing capabilities, and research areas. + (13) Identifying ways to better leverage technology and employ + machine learning or artificial intelligence capabilities, such as + Internet Protocol monitoring and data integrity capabilities, to be + applied to contractor information systems that host, receive, or + transmit controlled unclassified information. + (14) Developing tools to easily segregate program data to only + allow subcontractors access to their specific information. + (15) Appropriate communications of threat assessments of the + defense industrial base to the acquisition workforce at all + classification levels. + (16) A single Sector Coordinating Council for the defense + industrial base. + (17) Appropriate communications with the defense industrial + base on the impact of cybersecurity requirements in contracting and + procurement decisions. + (d) Consultation.--In developing the framework required pursuant to +subsection (a), the Secretary shall consult with the following: + (1) Industry groups representing the defense industrial base. + (2) Contractors in the defense industrial base. + (3) The Director of the National Institute of Standards and + Technology. + (4) The Secretary of Energy. + (5) The Director of National Intelligence. + (6) Relevant Federal regulatory agencies. + (e) Briefing.-- + (1) In general.--Not later than March 11, 2020, the Secretary + of Defense shall provide the congressional defense committees with + a briefing on the framework developed pursuant to subsection (a). + (2) Contents.--The briefing required by paragraph (1) shall + include the following: + (A) An overview of the framework developed pursuant to + subsection (a). + (B) Identification of such pilot programs as the Secretary + considers may be required to improve the cybersecurity of the + defense industrial base. + (C) Implementation timelines and identification of costs. + (D) Such recommendations as the Secretary may have for + legislative action to improve the cybersecurity of the defense + industrial base. + (f) Quarterly Briefings.-- + (1) In general.--Not less frequently than once each quarter + after the briefing provided pursuant to subsection (e) until + February 1, 2022, the Secretary of Defense shall brief the + congressional defense committees on the status of development and + implementation of the framework developed pursuant to subsection + (a). + (2) Coordination with other briefings.--Each briefing under + paragraph (1) shall be conducted in conjunction with a quarterly + briefing under section 484(a) of title 10, United States Code. + (3) Elements.--Each briefing under paragraph (1) shall include + the following: + (A) The current status of the development and + implementation of the framework developed pursuant to + subsection (a). + (B) A description of the efforts undertaken by the + Secretary to evaluate the matters for consideration set forth + in subsection (c). + (C) The current status of any pilot programs the Secretary + is carrying out to develop the framework. +SEC. 1649. REPORT ON CYBERSECURITY TRAINING PROGRAMS. + Not later than 240 days after the date of the enactment of this +Act, the Secretary of Defense shall submit to the Committee on Armed +Services of the House of Representatives and the Committee on Armed +Services of the Senate a report that accounts for all of the efforts, +programs, initiatives, and investments of the Department of Defense to +train elementary, secondary, and postsecondary students in fields +related to cybersecurity, cyber defense, and cyber operations. The +report shall-- + (1) include information on the metrics used to evaluate such + efforts, programs, initiatives, and investments, and identify + overlaps or redundancies across the such efforts, programs, + initiatives, and investments; and + (2) address how the Department leverages such efforts, + programs, initiatives, and investments in the recruitment and + retention of both the civilian and military cyber workforces. +SEC. 1650. NATIONAL SECURITY PRESIDENTIAL MEMORANDUMS RELATING TO +DEPARTMENT OF DEFENSE OPERATIONS IN CYBERSPACE. + Not later than 30 days after the date of the enactment of this Act, +upon request of the congressional defense committees, the President +shall allow for such committees to read a copy of all National Security +Presidential Memorandums relating to Department of Defense operations +in cyberspace at an appropriately cleared facility of the requesting +committee's choosing. At the conclusion of such reading, such documents +shall be collected and returned to the President. +SEC. 1651. REORIENTATION OF BIG DATA PLATFORM PROGRAM. (a) Reorientation of Program.-- - (1) In general.--Not later than January 1, 2021, the - Secretary of Defense shall-- - (A) reorient the Big Data Platform program as - specified in this section; and - (B) align the reorientation effort under an - existing line of effort of the Cyber Strategy of the - Department of Defense. - (2) Oversight of implementation.--The Secretary shall act - through the Principal Cyber Advisor and the supporting Cross - Functional Team in the oversight of the implementation of - paragraph (1). + (1) In general.--Not later than January 1, 2021, the Secretary + of Defense shall-- + (A) reorient the Big Data Platform program as specified in + this section; and + (B) align the reorientation effort under an existing line + of effort of the Cyber Strategy of the Department of Defense. + (2) Oversight of implementation.--The Secretary shall act + through the Principal Cyber Advisor and the supporting Cross + Functional Team in the oversight of the implementation of paragraph + (1). (b) Common Baseline and Security Classification Scheme.-- - (1) In general.--Not later than January 1, 2021, the - Secretary shall establish a common baseline and security - classification scheme for the collection, storage, processing, - querying, analysis, and accessibility of a common and - comprehensive set of metadata from sensors, applications, - appliances, products, and systems deployed across the - Department of Defense Information Network (DODIN) to enable the - discovery, tracking, and remediation of cybersecurity threats. - (2) Requirements.--In carrying out paragraph (1), the - Secretary shall-- - (A) take such actions as the Secretary considers - necessary to standardize deployed infrastructure, - including the Department of Defense's perimeter - capabilities at the Internet Access Points and the - Joint Regional Security Stacks, and the routing of data - laterally and vertically from Department of Defense - Information Network segments and tiers, to enable - standard and comprehensive metadata collection; - (B) take such actions as the Secretary considers - necessary to standardize deployed cybersecurity - applications, products, and sensors and the routing of - data laterally and vertically from Department of - Defense Information Network segments and tiers, to - enable standard and comprehensive metadata collection; - (C) develop an enterprise-wide architecture and - strategy for-- - (i) where to place sensors or extract data - from network information technology, - operational technology, and cybersecurity - appliances, applications, products, and systems - for cybersecurity purposes; - (ii) which metadata data records should be - universally sent to Big Data Platform instances - and which metadata data records, if any, should - be locally retained; and - (iii) expeditiously and efficiently - transmitting metadata records to the Big Data - Platform instances, including the acquisition - and installation of further data bandwidth; - (D) determine the appropriate number, organization, - and functions of separate Big Data Platform instances, - and whether the Big Data Platform instances that are - currently managed by Department of Defense components, - including the military services, should instead be - jointly and regionally organized; - (E) determine the appropriate roles of the Defense - Information Systems Agency's Acropolis and United - States Cyber Command's Scarif Big Data Platforms as - enterprise-wide real-time cybersecurity situational - awareness capabilities, as complements or replacements - for component-level Big Data Platform instances; - (F) ensure that all Big Data Platform instances are - engineered and approved to enable standard access and - query capabilities by the Unified Platform, the network - defense service providers, and the Cyber Mission - Forces, with centrally managed authentication and - authorization services; - (G) prohibit barriers to information sharing, - distributed query, data analysis, and collaboration - across Big Data Platform instances, such as - incompatible interfaces, interconnection service - agreements, and the imposition of accreditation - boundaries; - (H) transition all Big Data Platform instances to a - cloud computing environment in alignment with the cloud - strategy of the Chief Information Officer of the - Department of Defense; - (I) consider whether packet capture databases - should continue to be maintained separately from the - Big Data Platform instances, managed at the secret - level of classification, and treated as malware- - infected when the packet data are copies of packets - extant in the Department of Defense Information - Network; - (J) in the case that the Secretary decides to - sustain the status quo on packet capture databases, - ensure that analysts operating on or from the Unified - Platform, the Big Data Platform instances, the network - defense services providers, and the Cyber Mission Force - units can directly access packets and query the - database; and - (K) consider whether the Joint Artificial - Intelligence Center's cybersecurity artificial - intelligence national mission initiative should include - an application for the metadata residing in the Big - Data Platform instances. + (1) In general.--Not later than January 1, 2021, the Secretary + shall establish a common baseline and security classification + scheme for the collection, storage, processing, querying, analysis, + and accessibility of a common and comprehensive set of metadata + from sensors, applications, appliances, products, and systems + deployed across the Department of Defense Information Network + (DODIN) to enable the discovery, tracking, and remediation of + cybersecurity threats. + (2) Requirements.--In carrying out paragraph (1), the Secretary + shall-- + (A) take such actions as the Secretary considers necessary + to standardize deployed infrastructure, including the + Department of Defense's perimeter capabilities at the Internet + Access Points, the Joint Regional Security Stacks, or other + approved solutions, and the routing of data laterally and + vertically from Department of Defense Information Network + segments and tiers, to enable standard and comprehensive + metadata collection; + (B) take such actions as the Secretary considers necessary + to standardize deployed cybersecurity applications, products, + and sensors and the routing of data laterally and vertically + from Department of Defense Information Network segments and + tiers, to enable standard and comprehensive metadata + collection; + (C) develop an enterprise-wide architecture and strategy + for-- + (i) where to place sensors or extract data from network + information technology, operational technology, and + cybersecurity appliances, applications, products, and + systems for cybersecurity purposes; + (ii) which metadata data records should be universally + sent to Big Data Platform instances and which metadata data + records, if any, should be locally retained; and + (iii) expeditiously and efficiently transmitting + metadata records to the Big Data Platform instances, + including the acquisition and installation of further data + bandwidth; + (D) determine the appropriate number, organization, and + functions of separate Big Data Platform instances, and whether + the Big Data Platform instances that are currently managed by + Department of Defense components, including the military + services, should instead be jointly and regionally organized, + or terminated; + (E) determine the appropriate roles of the Defense + Information Systems Agency's Acropolis, United States Cyber + Command's Scarif, and any similar Big Data Platforms as + enterprise-wide real-time cybersecurity situational awareness + capabilities or as complements or replacements for component + level Big Data Platform instances; + (F) ensure that all Big Data Platform instances are + engineered and approved to enable standard access and + expeditious query capabilities by the Unified Platform, the + network defense service providers, and the Cyber Mission + Forces, with centrally managed authentication and authorization + services; + (G) prohibit and remove barriers to information sharing, + distributed query, data analysis, and collaboration across Big + Data Platform instances, such as incompatible interfaces, + interconnection service agreements, and the imposition of + accreditation boundaries; + (H) transition all Big Data Platform instances to a cloud + computing environment in alignment with the cloud strategy of + the Chief Information Officer of the Department of Defense; + (I) consider whether packet capture databases should + continue to be maintained separately from the Big Data Platform + instances, managed at the secret level of classification, and + treated as malware-infected when the packet data are copies of + packets extant in the Department of Defense Information + Network; + (J) in the case that the Secretary decides to sustain the + status quo on packet capture databases, ensure that analysts + operating on or from the Unified Platform, the Big Data + Platform instances, the network defense services providers, and + the Cyber Mission Forces can directly access packets and query + the database; and + (K) consider whether the Joint Artificial Intelligence + Center's cybersecurity artificial intelligence national mission + initiative, and any other similar initiatives, should include + an application for the metadata residing in the Big Data + Platform instances. (c) Limit on Data and Data Indexing Schema.--The Secretary shall -ensure that the Unified Platform program utilizes the data and the data -indexing schema that is native to the Big Data Platform rather than -creating a duplicate index or data tagger. +ensure that the Unified Platform and the Big Data Platform programs +achieve data and data indexing schema standardization and integration +to ensure interoperability, access, and sharing by and between Big Data +Platform and other data sources and stores. (d) Analytics and Application Sourcing and Collaboration.--The -Secretary shall ensure that the Services and office of the Big Data -Platform program-- - (1) seek advanced analytics and applications from - Government and commercial sources that can be executed on the - deployed Big Data Platform architecture; and - (2) collaborate with vendors offering commercial analytics - and applications, including support to refactoring commercial - capabilities to the Government platform where industry can - still own the intellectual property embedded in the analytics - and applications. +Secretary shall ensure that the services, U.S. Cyber Command, and +Defense Information Systems Agency-- + (1) seek advanced analytics and applications from Government + and commercial sources that can be executed on the deployed Big + Data Platform architecture; and + (2) collaborate with vendors offering commercial analytics and + applications, including support to refactoring commercial + capabilities to the Government platform where industry can still + own the intellectual property embedded in the analytics and + applications. (e) Briefing Required.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 180 days thereafter until the activities required by subsection (a)(1) are -completed, the Secretary shall provide the congressional defense -committees a briefing on the activities of the Secretary in carrying -out subsection (b). - -SEC. 1632. ZERO-BASED REVIEW OF DEPARTMENT OF DEFENSE CYBER AND - INFORMATION TECHNOLOGY PERSONNEL. - +completed, the Secretary shall brief the congressional defense +committees on the activities of the Secretary in carrying out +subsection (b). +SEC. 1652. ZERO-BASED REVIEW OF DEPARTMENT OF DEFENSE CYBER AND +INFORMATION TECHNOLOGY PERSONNEL. (a) Review Required.--Not later than January 1, 2021, each head of a covered department, component, or agency shall-- - (1) complete a zero-based review of the cyber and - information technology personnel of the head's covered - department, component, or agency; and - (2) provide the Principal Cyber Advisor, the Chief - Information Officer of the Department of Defense, and the Under - Secretary of Defense for Personnel and Readiness the findings - of the head with respect to the head's covered department, - component, or agency. + (1) complete a zero-based review of the cyber and information + technology personnel of the head's covered department, component, + or agency; and + (2) provide the Principal Cyber Advisor, the Chief Information + Officer of the Department of Defense, and the Under Secretary of + Defense for Personnel and Readiness the findings of the head with + respect to the head's covered department, component, or agency. (b) Covered Departments, Components, and Agencies.--For purposes of this section, a covered department, component, or agency is-- - (1) an independent Department of Defense component or - agency; - (2) the Office of the Secretary of Defense; - (3) a component of the Joint Staff; - (4) a military department or an armed force; or - (5) a reserve component of the Armed Forces. + (1) an independent Department of Defense component or agency; + (2) the Office of the Secretary of Defense; + (3) a component of the Joint Staff; + (4) a military department or an armed force; or + (5) a reserve component of the Armed Forces. (c) Scope of Review.--As part of a review conducted pursuant to subsection (a)(1), the head of a covered department, component, or agency shall, with respect to the covered department, component, or agency of the head-- - (1) assess military, civilian, and contractor positions and - personnel performing cyber and information technology missions; - (2) determine the roles and functions assigned by reviewing - existing position descriptions and conducting interviews to - quantify the current workload performed by military, civilian, - and contractor workforce; - (3) compare the Department's manning with the manning of - comparable industry organizations; - (4) include evaluation of the utility of cyber- and - information technology-focused missions, positions, and - personnel within such components-- - (A) to assess the effectiveness and efficiency of - current activities; - (B) to assess the necessity of increasing, - reducing, or eliminating resources; and - (C) to guide prioritization of investment and - funding; - (5) develop recommendations and objectives for - organizational, manning, and equipping change, taking into - account anticipated developments in information technologies, - workload projections, automation and process enhancements, and - Department requirements; - (6) develop a gap analysis, contrasting the current - organization and the objectives developed pursuant to paragraph - (5); and - (7) develop roadmaps of prioritized activities and a - timeline for implementing the activities to close the gaps - identified pursuant to paragraph (6). + (1) assess military, civilian, and contractor positions and + personnel performing cyber and information technology missions; + (2) determine the roles and functions assigned by reviewing + existing position descriptions and conducting interviews to + quantify the current workload performed by military, civilian, and + contractor workforce; + (3) compare the Department's manning with the manning of + comparable industry organizations; + (4) include evaluation of the utility of cyber- and information + technology-focused missions, positions, and personnel within such + components-- + (A) to assess the effectiveness and efficiency of current + activities; + (B) to assess the necessity of increasing, reducing, or + eliminating resources; and + (C) to guide prioritization of investment and funding; + (5) develop recommendations and objectives for organizational, + manning, and equipping change, taking into account anticipated + developments in information technologies, workload projections, + automation and process enhancements, and Department requirements; + (6) develop a gap analysis, contrasting the current + organization and the objectives developed pursuant to paragraph + (5); and + (7) develop roadmaps of prioritized activities and a timeline + for implementing the activities to close the gaps identified + pursuant to paragraph (6). (d) Elements.--In carrying out a review pursuant to subsection (a)(1), the head of a covered department, component, or agency shall consider the following: - (1) Whether position descriptions and coding designators - for given cybersecurity and information technology roles are - accurate indicators of the work being performed. - (2) Whether the function of any cybersecurity or - information technology position or personnel can be replaced by - acquisition of cybersecurity or information technology products - or automation. - (3) Whether a given component or subcomponent is over- or - under-resourced in terms of personnel, using industry standards - as a benchmark where applicable. - (4) Whether cybersecurity service provider positions and - personnel fit coherently into the enterprise-wide cybersecurity - architecture and with the Department's cyber protection teams. - (5) Whether the function of any cybersecurity or - information technology position or personnel could be conducted - more efficiently or effectively by enterprise-level cyber or - information technology personnel. + (1) Whether position descriptions and coding designators for + given cybersecurity and information technology roles are accurate + indicators of the work being performed. + (2) Whether the function of any cybersecurity or information + technology position or personnel can be replaced by acquisition of + cybersecurity or information technology products or automation. + (3) Whether a given component or subcomponent is over- or + under-resourced in terms of personnel, using industry standards as + a benchmark where applicable. + (4) Whether cybersecurity service provider positions and + personnel fit coherently into the enterprise-wide cybersecurity + architecture and with the Department's cyber protection teams. + (5) Whether the function of any cybersecurity or information + technology position or personnel could be conducted more + efficiently or effectively by enterprise-level cyber or information + technology personnel. (e) Furnishing Data and Analysis.-- - (1) Data and analysis.--In carrying out subsection (a)(2), - each head of a covered department, component, or agency, shall - furnish to the Principal Cyber Advisor, the Chief Information - Officer, and the Under Secretary a description of the analysis - that led to the findings submitted under such subsection and - the data used in such analysis. - (2) Certification.--The Principal Cyber Advisor, the Chief - Information Officer, and the Under Secretary of Defense shall - jointly review each submittal under subsection (a)(2) and - certify whether the findings and analysis are in compliance - with the requirements of this section. + (1) Data and analysis.--In carrying out subsection (a)(2), each + head of a covered department, component, or agency, shall furnish + to the Principal Cyber Advisor, the Chief Information Officer, and + the Under Secretary a description of the analysis that led to the + findings submitted under such subsection and the data used in such + analysis. + (2) Certification.--The Principal Cyber Advisor, the Chief + Information Officer, and the Under Secretary of Defense shall + jointly review each submittal under subsection (a)(2) and certify + whether the findings and analysis are in compliance with the + requirements of this section. (f) Recommendations.--After receiving findings submitted by a head of a covered department, component, or agency pursuant to paragraph (2) of subsection (a) with respect to a review conducted by the head @@ -16108,10 +31137,10 @@ six months thereafter until the Principal Cyber Advisor, the Chief Information Officer, and the Under Secretary give the briefing required by subsection (i), the Principal Cyber Advisor, the Chief Information Officer, and the Under Secretary shall jointly-- - (1) conduct in-progress reviews of the status of the - reviews required by subsection (a)(1); and - (2) provide the congressional defense committees with a - briefing on such in-progress reviews. + (1) conduct in-progress reviews of the status of the reviews + required by subsection (a)(1); and + (2) provide the congressional defense committees with a + briefing on such in-progress reviews. (i) Final Briefing.--After all of the reviews have been completed under paragraph (1) of subsection (a), after receiving all of the findings pursuant to paragraph (2) of such subsection, and not later @@ -16124,816 +31153,341 @@ as the Principal Cyber Advisor, the Chief Information Officer, and the Under Secretary may have for changes to the budget of the Department as a result of such reviews. (j) Definition of Zero-based Review.--In this section, the term -``zero-based review'' means a review in which assessment is conducted -with each item, position, or person costed anew, rather than in -relation to its size or status in any previous budget. - -SEC. 1633. STUDY ON IMPROVING CYBER CAREER PATHS IN THE NAVY. - +``zero-based review'' means a review in which an assessment is +conducted with each item, position, or person costed anew, rather than +in relation to its size or status in any previous budget. +SEC. 1653. STUDY ON IMPROVING CYBER CAREER PATHS IN THE NAVY. (a) Study Required.--Not later than October 1, 2020, the Secretary of the Navy and the Chief of Naval Operations shall jointly-- - (1) complete a study on methods to improve military and - civilian cyber career paths within the Navy; and - (2) submit to the congressional defense committees a report - on the findings of the Secretary and Chief with respect to the - study completed pursuant to paragraph (1) and submit such - report with all of the data used in such study. + (1) complete a study on methods to improve military and + civilian cyber career paths within the Navy; and + (2) submit to the congressional defense committees a report on + the findings of the Secretary and Chief with respect to the study + completed pursuant to paragraph (1), including all of the data used + in such study. (b) Elements.--The report submitted pursuant to subsection (a)(2) shall include the following: - (1) A plan for implementing career paths for civilian and - military personnel tailored to develop expertise in cyber skill - sets, including skills sets appropriate for offensive and - defensive military cyber operations. - (2) Suggested changes to the processes that govern the - identification of talent and career progression of the civilian - and military workforce. - (3) A methodology for a cyber workforce assignment policy - that deliberately builds depth and breadth of knowledge - regarding the conduct of cyber operations throughout an entire - career. - (4) Possible enhancements to identifying, recruiting, - training, and retaining the cyber workforce, both civilian and - military, especially for Interactive On-Net operators and tool - developers. - (5) Recommendations for legislative and administrative - actions to address the findings and recommendations of the - Secretary and the Chief with respect to the study completed - pursuant to subsection (a)(1). + (1) A plan for implementing career paths for civilian and + military personnel tailored to develop expertise in cyber skill + sets, including skill sets appropriate for offensive and defensive + military cyber operations. Such plan should also evaluate the + current Cyber Warfare Engineer career field for officers, including + options for expanding the career field beyond current plans. + (2) Suggested changes to the processes that govern the + identification of talent and career progression of the civilian and + military workforce. + (3) A methodology for a cyber workforce assignment policy that + deliberately builds depth and breadth of knowledge regarding the + conduct of cyber operations throughout an entire career. + (4) Possible enhancements to identifying, recruiting, training, + and retaining the civilian and military cyber workforce, especially + for Interactive On-Net operators and tool developers. + (5) Recommendations for legislative and administrative actions + to address the findings and recommendations of the Secretary and + the Chief with respect to the study completed pursuant to + subsection (a)(1). (c) Consultation.--In conducting the study required by subsection (a)(1), the Secretary and the Chief shall consult with the following: - (1) The Principal Cyber Advisor of the Department of - Defense. - (2) The Secretary of the Air Force. - (3) The Air Force Chief of Staff. - (4) The Secretary of the Army. - (5) The Army Chief of Staff. - (6) The Commandant of the Marine Corps. - (7) The Under Secretary of Defense for Personnel and - Readiness. - (8) The Chief Information Officer of the Department of - Defense. - (9) The Commander of the United States Cyber Command. - -SEC. 1634. FRAMEWORK TO ENHANCE CYBERSECURITY OF THE UNITED STATES - DEFENSE INDUSTRIAL BASE. - - (a) Framework Required.--Not later than February 1, 2020, the -Secretary of Defense shall develop a consistent, comprehensive -framework to enhance cybersecurity for the United States defense -industrial base. - (b) Elements.--The framework developed pursuant to subsection (a) -shall include the following: - (1) Identification of unified cybersecurity standards, - regulations, metrics, ratings, third-party certifications, or - requirements to be imposed on the defense industrial base for - the purpose of assessing the cybersecurity of individual - contractors. - (2) The roles and responsibilities of various activities - within the Department of Defense, across the entire acquisition - process, beginning with market research, including - responsibility determination, solicitation, and award, and - continuing with contractor management and oversight on matters - relating to cybersecurity. - (3) The responsibilities of the prime contractors, and all - subcontractors in the supply chain, for implementing the - required cybersecurity standards, regulations, metrics, - ratings, third-party certifications, and requirements - identified under paragraph (1). - (4) A plan to provide implementation guidance, education, - manuals, and, as necessary, direct technical support or - assistance to such contractors on matters relating to - cybersecurity. - (5) Methods and programs for defining and managing - controlled unclassified information, and for limiting the - presence of unnecessary sensitive information on contractor - networks. - (6) Quantitative metrics for assessing the effectiveness of - the overall framework over time, with respect to the - exfiltration of controlled unclassified information from the - defense industrial base. - (c) Matters for Consideration.--In developing the framework -required by subsection (a), the Secretary shall consider the following: - (1) Designating an official to be responsible for the - cybersecurity of the defense industrial base. - (2) Evaluating methods, standards, metrics, and third-party - certifications for assessing the cybersecurity of individual - contractors. - (3) Ensuring a consistent approach across the Department to - matters relating to the cybersecurity of the defense industrial - base. - (4) Tailoring cybersecurity requirements for small- and - medium-sized contractors based on a risk-based approach. - (5) Ensuring the Department's traceability and visibility - of cybersecurity compliance of suppliers to all levels of the - supply chain. - (6) Evaluating incentives and penalties for cybersecurity - performance of suppliers. - (7) Integrating cybersecurity and traditional - counterintelligence measures, requirements, and programs. - (8) Establishing a secure software development environment - (DevSecOps) in a cloud environment inside the perimeter of the - Department for contractors to do their development work. - (9) Establishing a secure cloud environment where - contractors could access the data of the Department needed for - their contract work. - (10) Establishing a Cybersecurity Maturity Model - Certification for defense industrial base companies, scoring - companies on a rating scale, and requiring certain ratings for - contract awards. - (11) Providing additional assistance to small companies in - the form of training, mentoring, approved security product - lists, and approved lists of security-as-a-service providers. - (12) Technological means, operational concepts, reference - architectures, offensive counterintelligence operation - concepts, and plans for operationalization to complicate - adversary espionage, including honeypotting and data - obfuscation. - (13) Implementing enhanced security vulnerability - assessments for contractors working on critical acquisition - programs, technologies, manufacturing capabilities, and - research areas. - (14) Identifying ways to better leverage technology and - employ machine learning or artificial intelligence - capabilities, such as Internet Protocol monitoring and data - integrity capabilities to be applied to contractor information - systems that host, receive, or transmit controlled unclassified - information. - (15) Developing tools to easily segregate program data to - only allow subcontractors access to their specific information. - (16) Appropriate communications of threat assessments of - the defense industrial base to the acquisition workforce at all - classification levels. - (17) Appropriate communications with industry on the impact - of cybersecurity considerations in contracting and procurement - decisions. - (d) Consultation.--In developing the framework required by -subsection (a), the Secretary shall consult with the following: - (1) Industry groups representing the defense industrial - base. - (2) Contractors in the defense industrial base. - (3) The Director of the National Institute of Standards and - Technology. - (4) The Secretary of Energy and the Nuclear Regulatory - Commission. - (5) The Director of National Intelligence. - (e) Briefing.-- - (1) In general.--Not later than March 11, 2020, the - Secretary of Defense shall provide the congressional defense - committees with a briefing on the framework developed pursuant - to subsection (a). - (2) Contents.--The briefing required by paragraph (1) shall - include the following: - (A) An overview of the framework developed in - subsection (a). - (B) Identification of such pilot programs as the - Secretary considers may be required to improve the - cybersecurity of the defense industrial base. - (C) Implementation timelines and identification of - costs. - (D) Such recommendations as the Secretary may have - for legislative action to improve the cybersecurity of - the defense industrial base. - (f) Quarterly Briefings.-- - (1) In general.--Not less frequently than once each quarter - until February 1, 2022, the Secretary of Defense shall brief - the congressional defense committees on the status of - development and implementation of the framework required by - subsection (a). - (2) Coordination with other briefings.--Each briefing under - paragraph (1) shall be conducted in conjunction with a - quarterly briefing under section 484(a) of title 10, United - States Code. - (3) Elements.--Each briefing under paragraph (1) shall - include the following: - (A) The current status of the development and - implementation of the framework required by subsection - (a). - (B) A description of the efforts undertaken by the - Secretary to evaluate the matters for consideration set - forth in subsection (c). - (C) The current status of any pilot programs the - Secretary is carrying out to develop the framework. - -SEC. 1635. ROLE OF CHIEF INFORMATION OFFICER IN IMPROVING ENTERPRISE- - WIDE CYBERSECURITY. - - (a) In General.--In carrying out the responsibilities established -in section 142 of title 10, United States Code, the Chief Information -Officer of the Department of Defense shall, to the maximum extent -practicable, ensure that the cybersecurity programs and capabilities of -the Department-- - (1) fit into an enterprise-wide cybersecurity architecture; - (2) are maximally interoperable with each other, including - those deployed by the components of the Department; - (3) enhance enterprise-level visibility and responsiveness - to threats; and - (4) are developed, procured, instituted, and managed in a - cost-efficient manner, exploiting economies of scale and - enterprise-wide services and discouraging unnecessary - customization and piecemeal acquisition. - (b) Requirements.--In carrying out subsection (a), the Chief -Information Officer shall-- - (1) manage and modernize the cybersecurity architecture of - the Department, including-- - (A) ensuring the cybersecurity architecture of the - Department maximizes cybersecurity capability, network, - and endpoint activity data-sharing across Department - components; - (B) ensuring the cybersecurity architecture of the - Department supports improved automaticity of - cybersecurity detection and response; and - (C) modernizing and configuring the Department's - standardized deployed perimeter, network-level, and - endpoint capabilities to improve interoperability, meet - pressing capability needs, and negate common adversary - tactics, techniques, and procedures; - (2) establish mechanisms to enable and mandate, as - necessary, cybersecurity capability, and network and endpoint - activity data-sharing across Department components; - (3) make mission data, through data tagging, automatic - transmission, and other means, accessible and discoverable by - Department components other than owners of those mission data; - (4) incorporate emerging cybersecurity technologies from - the Defense Advanced Research Projects Agency, the Strategic - Capabilities Office, the Defense Innovation Unit, the - laboratories of the military departments, and the commercial - sector into the cybersecurity architecture of the Department; - and - (5) ensure that the Department possesses the necessary - computing infrastructure, through technology refresh, - installation or acquisition of bandwidth, and the use of cloud - computing power, to host and enable necessary cybersecurity - capabilities. - -SEC. 1636. QUARTERLY ASSESSMENTS OF THE READINESS OF CYBER FORCES. - - (a) In General.--Section 484(b) 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): - ``(4) An assessment of the readiness of the Cyber Mission - Forces that-- - ``(A) addresses all of the abilities of the - Department to conduct cyberspace operations based on - capability and capacity of personnel, equipment, - training, and equipment condition-- - ``(i) using both quantitative and - qualitative metrics; and - ``(ii) in a way that is common to all - military departments; and - ``(B) is consistent with readiness reporting - pursuant to section 482 of this title.''. - (b) Metrics.-- - (1) Establishment required.--The Secretary of Defense shall - establish metrics for the assessment of the readiness of the - Cyber Mission Forces of the Department of Defense. - (2) Briefing required.--Not later than 90 days after the - date of the enactment of this Act, the Secretary will provide a - briefing to the congressional defense committees on the metrics - established pursuant to paragraph (1). - (c) Modification of Readiness Reporting System.--Not later than 180 -days after the date of the enactment of this Act, the Secretary shall -take such actions as the Secretary considers appropriate to ensure that -the comprehensive readiness reporting system established pursuant to -section 117(a) of title 10, United States Code, covers matters relating -to the readiness of the Cyber Mission Forces-- - (1) using the metrics established pursuant to subsection - (b)(1); and - (2) in a manner that is consistent with sections 117 and - 482 of such title. - (d) First Quarterly Briefing Assessing Cyber Readiness.--The -amendments made by subsection (a) shall take effect on the date that is -180 days after the date of the enactment of this Act. - -SEC. 1637. CONTROL AND ANALYSIS OF DEPARTMENT OF DEFENSE DATA STOLEN - THROUGH CYBERSPACE. - - (a) Requirements.--When the Secretary of Defense determines that -significant Department of Defense information may have been stolen -through cyberspace and evidence of theft of the data in question-- - (1) is in the possession of a component of the Department, - the Secretary shall-- - (A) either transfer or replicate and transfer such - Department data in a prompt and secure manner to a - secure repository with access by Department personnel - appropriately limited on a need-to-know basis; - (B) ensure the Department applies such automated - analytic tools and capabilities to the repository of - potentially compromised data as are necessary to - rapidly understand the scope and effect of the - potential compromise; - (C) for high priority Department systems, develop - analytic products that characterize the scope of data - compromised; - (D) ensure that all mission-affected entities in - the Department are made aware of the theft or possible - theft and, as damage assessment and mitigation - proceeds, are kept apprised of the extent of the data - stolen; and - (E) ensure that the Department counterintelligence - organizations are-- - (i) fully integrated with any damage - assessment team assigned to the breach; - (ii) fully informed of the data that have - or potentially have been stolen and the effect - of such theft; and - (iii) provided resources and tasked, in - conjunction with subject matter experts and - responsible authorities, to immediately develop - and execute countermeasures in response to a - breach involving espionage and data theft; or - (2) is in the possession of or under controls or - restrictions imposed by the Federal Bureau of Investigation, or - a national counterintelligence or intelligence organization, - the Secretary shall determine, jointly with the Director of the - Federal Bureau of Investigation or the Director of National - Intelligence, as appropriate, the most expeditious process, - means, and conditions for carrying out the activities otherwise - required by paragraph (1). - (b) Recommendations.--Not later than 90 days after the date of the -enactment of this Act, the Secretary shall submit to the congressional -defense committees such recommendations as the Secretary may have for -legislative or administrative action to address such barriers as may be -inhibiting the implementation of this section. - -SEC. 1638. ACCREDITATION STANDARDS AND PROCESSES FOR CYBERSECURITY AND - INFORMATION TECHNOLOGY PRODUCTS AND SERVICES. - - (a) Assessment.--The Chief Information Officer of the Department of -Defense shall conduct an enterprise assessment of accreditation of -standards and processes for cybersecurity and information technology -products and services. + (1) The Principal Cyber Advisor of the Department of Defense. + (2) The Secretary of the Air Force. + (3) The Commander of the United States Cyber Command. + (4) The Air Force Chief of Staff. + (5) The Secretary of the Army. + (6) The Army Chief of Staff. + (7) The Commandant of the Marine Corps. + (8) The Under Secretary of Defense for Personnel and Readiness. + (9) The Chief Information Officer of the Department of Defense. +SEC. 1654. ACCREDITATION STANDARDS AND PROCESSES FOR CYBERSECURITY AND +INFORMATION TECHNOLOGY PRODUCTS AND SERVICES. + (a) Assessment.--Consistent with the responsibilities and duties +outlined in section 142 of title 10, United States Code, the Chief +Information Officer of the Department of Defense shall conduct an +enterprise assessment of accreditation standards and processes for +cybersecurity and information technology products and services. (b) Report.-- - (1) In general.--Not later than April 1, 2020, the Chief - Information Officer shall submit to the congressional defense - committees a report on the assessment conducted under - subsection (a). - (2) Contents.--The report submitted under paragraph (1) - shall include the following: - (A) The findings of the Chief Information Officer - with respect to the assessment conducted under - subsection (a). - (B) A description of the modifications proposed or - enacted to accreditation standards and processes - arising out of the assessment. - (C) A description of how the Department will - increasingly automate accreditation processes, pursue - agile development, incorporate machine learning, and - foster reciprocity across authorizing officials. - -SEC. 1639. EXTENSION OF AUTHORITIES FOR CYBERSPACE SOLARIUM COMMISSION. - - Section 1652(k) of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232) is -amended-- - (1) in paragraph (1), by striking ``September 1, 2019'' and - inserting ``February 1, 2020''; and - (2) in paragraph (2), by striking ``and intelligence - committees'' and inserting ``committees, the congressional - intelligence committees, the Committee on Homeland Security and - Governmental Affairs of the Senate, and the Committee on - Homeland Security of the House of Representatives''. - -SEC. 1640. MODIFICATION OF ELEMENTS OF ASSESSMENT REQUIRED FOR - TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER OF THE - UNITED STATES CYBER COMMAND. - - Section 1642(b)(2)(C) of the National Defense Authorization Act for -Fiscal Year 2017 (130 Stat. 2601; Public Law 114-328) is amended-- - (1) in clause (ii), by inserting ``and national - intelligence operations'' after ``operations''; - (2) by amending clause (iii) to read as follows: - ``(iii) The tools, weapons, and accesses - used in and available for military cyber - operations are sufficient for achieving - required effects and United States Cyber - Command is capable of acquiring or developing - these tools, weapons, and accesses.''; and - (3) by amending clause (vi) to read as follows: - ``(vi) The cyber mission force has achieved - full operational capability and has - demonstrated the capacity to execute the cyber - missions of the Department, including-- - ``(I) execution of national-level - missions through cyberspace, including - deterrence and disruption of adversary - cyber activity; - ``(II) defense of the Department of - Defense Information Network; and - ``(III) support for other combatant - commands, including targeting of - adversary military assets.''. - -SEC. 1641. USE OF NATIONAL SECURITY AGENCY CYBERSECURITY EXPERTISE TO - SUPPORT ACQUISITION OF COMMERCIAL CYBERSECURITY PRODUCTS. - - (a) Advisory Mission.--The National Security Agency shall, as a -mission in its role in securing the information systems of the -Department of Defense, advise and assist the Department of Defense in -its acquisition and adaptation of cybersecurity products and services -from industry, especially the commercial cybersecurity sector. - (b) Program to Improve Acquisition of Cybersecurity Products and -Services.-- - (1) Establishment.--Consistent with paragraph (1), the - Director of the National Security Agency shall establish a - permanent program consisting of market research, testing, and - expertise transmission, or augments to existing programs, to - improve the acquisition by the Department of cybersecurity - products and services. - (2) Requirements.--Under the program established pursuant - to paragraph (1), the Director shall, independently and at the - request of components of the Department-- - (A) test and evaluate commercially-available - cybersecurity products and services using-- - (i) generally known cyber operations - techniques; and - (ii) tools and cyber operations techniques - and advanced tools and techniques available to - the National Security Agency; - (B) develop and establish standard procedures, - techniques, and threat-informed metrics to perform the - testing and evaluation required by subparagraph (A); - and - (C) advise the Secretary of Defense on the merits - and disadvantages of evaluated cybersecurity products, - including with respect to-- - (i) any synergies between products; - (ii) value; - (iii) matters relating to operation and - maintenance; and - (iv) matters relating to customization - requirements. - (3) Limitations.--The program established under paragraph - (1) shall not-- - (A) by used to accredit cybersecurity products and - services for use by the Department; - (B) create approved products lists; or - (C) be used for acquisition contracts for the - procurement and fielding of cybersecurity products on - behalf of the Department. - -SEC. 1642. STUDY ON FUTURE CYBER WARFIGHTING CAPABILITIES OF DEPARTMENT - OF DEFENSE. - + (1) In general.--Not later than April 1, 2020, the Chief + Information Officer shall submit to the congressional defense + committees a report on the assessment conducted under subsection + (a). + (2) Contents.--The report submitted under paragraph (1) shall + include the following: + (A) The findings of the Chief Information Officer with + respect to the assessment conducted under subsection (a). + (B) A description of the modifications proposed or + implemented to accreditation standards and processes arising + out of the assessment. + (C) A description of how the Department will increasingly + automate accreditation processes, pursue agile development, + incorporate machine learning, and foster reciprocity across + authorizing officials. +SEC. 1655. STUDY ON FUTURE CYBER WARFIGHTING CAPABILITIES OF DEPARTMENT +OF DEFENSE. (a) Study Required.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a study on the future cyber warfighting capabilities of the Department of Defense. (b) Participation.--Participants in the study shall include the following: - (1) Such members of the Board, including members of the - Task Force on Cyber Deterrence of the Board, as the Chairman of - the Board considers appropriate for the study. - (2) Such additional temporary members or contracted support - as the Secretary-- - (A) selects from those recommended by the Chairman - for purposes of the study; and - (B) considers to have significant technical, - policy, or military expertise. + (1) Such members of the Board, including members of the Task + Force on Cyber Deterrence of the Board, as the Chairman of the + Board considers appropriate for the study. + (2) Such additional temporary members or contracted support as + the Secretary-- + (A) selects from those recommended by the Chairman for + purposes of the study; and + (B) considers to have significant technical, policy, or + military expertise. (c) Elements.--The study conducted pursuant to subsection (a) shall include the following: - (1) A technical evaluation of the Joint Cyber Warfighting - Architecture of the Department, especially the Unified - Platform, Joint Cyber Command and Control, and Persistent Cyber - Training Environment, including with respect to the following: - (A) The suitability of the requirements and, as - relevant, the delivered capability of such architecture - to modern cyber warfighting. - (B) Such requirements or capabilities as may be - absent or underemphasized in such architecture. - (C) The speed of development and acquisition as - compared to mission need. - (D) Identification of potential duplication of - efforts among the programs and concepts evaluated. - (E) The coherence of such architecture with the - National Mission Teams and Combat Mission Teams of the - Cyber Mission Force, as constituted and organized on - the day before the date of the enactment of this Act. - (F) The coherence of such architecture with the - Cyber Protection Teams of the Cyber Mission Force and - the cybersecurity service providers of the Department, - as constituted and organized on the day before the date - of the enactment of this Act. - (G) The coherence of such architecture with the - concepts of persistent engagement and defending forward - as incorporated in the 2018 Department of Defense Cyber - Strategy, including with respect to operational - concepts such as consistent spy-on-spy deterrence, - securing adversary operating pictures, and preemptively - feeding indicators and warning to defensive operators. - (2) A technical evaluation of the tool development and - acquisition programs of the Department, including with respect - to the following: - (A) The suitability of planned tool suite and cyber - armory constructs of the United States Cyber Command to - modern cyber warfighting. - (B) The speed of development and acquisition as - compared to mission need. - (C) The resourcing and effectiveness of the - internal tool development of the United States Cyber - Command as compared to the tool development of the - National Security Agency. - (D) The resourcing and effectiveness of the - internal tool development of the United States Cyber - Command as compared to its acquisition. - (E) The coherence of such programs with the - concepts of persistent engagement and defending forward - as incorporated in the 2018 Department of Defense Cyber - Strategy, including with respect to operational - concepts such as consistent spy-on-spy deterrence, - securing adversary operating pictures, and preemptively - feeding indicators and warning to defensive operators. - (3) An evaluation of the operational planning and targeting - of the United States Cyber Command, including support for - regional combatant commands, and suitability for modern cyber + (1) A technical evaluation of the Joint Cyber Warfighting + Architecture of the Department, especially the Unified Platform, + Joint Cyber Command and Control, and Persistent Cyber Training + Environment, including with respect to the following: + (A) The suitability of the requirements and, as relevant, + the delivered capability of such architecture to modern cyber + warfighting. + (B) Such requirements or capabilities as may be absent or + underemphasized in such architecture. + (C) The speed of development and acquisition as compared to + mission need. + (D) Identification of potential duplication of efforts + among the programs and concepts evaluated. + (E) The coherence of such architecture with the National + Mission Teams and Combat Mission Teams of the Cyber Mission + Force, as constituted and organized on the day before the date + of the enactment of this Act. + (F) The coherence of such architecture with the Cyber + Protection Teams of the Cyber Mission Force and the + cybersecurity service providers of the Department, as + constituted and organized on the day before the date of the + enactment of this Act. + (G) The coherence of such architecture with the concepts of + persistent engagement and defending forward as incorporated in + the 2018 Department of Defense Cyber Strategy, including with + respect to operational concepts such as consistent spy-on-spy + engagement, securing adversary operating pictures, and + preemptively feeding indicators and warning to defensive + operators. + (2) A technical evaluation of the tool development and + acquisition programs of the Department, including with respect to + the following: + (A) The suitability of planned tool suite and cyber armory + constructs of the United States Cyber Command to modern cyber warfighting. - (4) Development of such recommendations as the Board may - have for legislative or administrative action relating to the - future cyber warfighting capabilities of the Department. + (B) The speed of development and acquisition as compared to + mission need. + (C) The resourcing and effectiveness of the internal tool + development of the United States Cyber Command as compared to + the tool development of the National Security Agency. + (D) The resourcing and effectiveness of the internal tool + development of the United States Cyber Command as compared to + its acquisition. + (E) The coherence of such programs with the concepts of + persistent engagement and defending forward as incorporated in + the 2018 Department of Defense Cyber Strategy, including with + respect to operational concepts such as consistent spy-on-spy + engagement, securing adversary operating pictures, and + preemptively feeding indicators and warning to defensive + operators. + (3) An evaluation of the operational planning and targeting of + the United States Cyber Command, including support for regional + combatant commands, and suitability for modern cyber warfighting. + (4) Development of such recommendations as the Board may have + for legislative or administrative action relating to the future + cyber warfighting capabilities of the Department. (d) Access to Information.--The Secretary shall provide the Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this section. (e) Report.-- - (1) Transmittal to secretary.--Not later than November 1, - 2021, the Board shall transmit to the Secretary a final report - on the study conducted pursuant to subsection (a). - (2) Transmittal to congress.--Not later than 30 days after - the date on which the Secretary receives the final report under - paragraph (1), the Secretary shall submit to the congressional - defense committees such report and such comments as the - Secretary considers appropriate. - -SEC. 1643. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CYBER - OPERATIONS-PECULIAR CAPABILITY DEVELOPMENT PROJECTS. - - (a) In General.--Subchapter I of chapter 134 of title 10, United -States Code, is amended by inserting after section 2243 the following -new section: -``Sec. 2243a. Authority to use operation and maintenance funds for - cyber operations-peculiar capability development projects - ``(a) In General.--Subject to subsection (c), the covered officials -may each use amounts authorized to be appropriated or otherwise made -available for the Department of Defense for operation and maintenance, -to carry out cyber operations-peculiar capability development projects. - ``(b) Covered Officials.--For purposes of this section, the covered -officials are as follows: - ``(1) The Secretary of the Army. - ``(2) The Secretary of the Navy. - ``(3) The Secretary of the Air Force. - ``(4) The Commandant of the Marine Corps. - ``(c) Limitation.--In a fiscal year, the aggregate amount that may -be used by a single covered official under subsection (a) may not -exceed $3,000,000. - ``(d) Relationship to Other Laws.--The authority in subsection (a) -may be used without regard to any provision of law establishing a limit -on the unit cost of an investment item that may be purchased with funds -made available for operation and maintenance.''. - (b) Table of Sections Amendment.--The table of sections at the -beginning of such subchapter is amended by inserting after the item -relating to section 2243 the following new item: - -``2243a. Authority to use operation and maintenance funds for cyber - operations-peculiar capability development - projects.''. - (c) Reports.-- - (1) In general.--In each of fiscal years 2021, 2022, and - 2023, the Secretary of Defense shall submit to the - congressional defense committees a report on the use of the - authority provided under section 2243a(a) of title 10, United - States Code, as added by subsection (a), during the previous - fiscal year. - (2) Timing.--Each report submitted pursuant to paragraph - (1) shall be submitted concurrently with the annual budget - request of the President submitted pursuant to section 1105 of - title 31, United States Code. - -SEC. 1644. EXPANSION OF AUTHORITY FOR ACCESS AND INFORMATION RELATING - TO CYBERATTACKS ON DEPARTMENT OF DEFENSE OPERATIONALLY - CRITICAL CONTRACTORS. - - Section 391(c) of title 10, United States Code, is amended-- - (1) in paragraph (3)-- - (A) by amending subparagraph (A) to read as - follows: - ``(A) include mechanisms for Department personnel-- - ``(i) if requested by an operationally - critical contractor, to assist the contractor - in detecting and mitigating penetrations; or - ``(ii) at the request of the Department, to - obtain access to equipment or information of an - operationally critical contractor necessary to - conduct a forensic analysis, in addition to any - analysis conducted by the contractor; and''; - and - (B) in subparagraph (B)-- - (i) by striking ``to determine whether - information'' and inserting the following: ``to - determine whether-- - ``(i) information''; - (ii) in clause (i), as so designated-- - (I) by inserting ``or compromised - on'' after ``exfiltrated from''; and - (II) by striking the period at the - end and inserting ``or compromised; - or''; and - (iii) by adding at the end the following - new clause: - ``(ii) the ability of the contractor to - provide operationally critical support has been - affected and, if so, how and to what extent it - has been affected.''; - (2) in paragraph (4), by inserting ``, so as to minimize - delays in or any curtailing of the Department's cyber response - and defensive actions'' after ``specific person''; and - (3) in paragraph (5)(C), by inserting `` or - counterintelligence activities'' after ``investigations''. - -SEC. 1645. BRIEFING ON MEMORANDUM OF UNDERSTANDING RELATING TO JOINT - OPERATIONAL PLANNING AND CONTROL OF CYBER ATTACKS OF - NATIONAL SCALE. - - (a) Briefing Required.--Not later than March 1, 2020, the Secretary -of Defense shall provide the appropriate committees of Congress a -briefing on the Joint Department of Defense and Department of Homeland -Security Memorandum of Understanding signed by the Secretary of Defense -on October 6, 2018. - (b) Elements.--The briefing required by subsection (a) shall -include the following: - (1) The number of planners assigned by the Department of - Defense to line of effort three and line of effort four and the - areas of expertise of those planners. - (2) Whether the planners described in paragraph (1) are - physically co-located with their counterparts in the Department - of Homeland Security and are assigned full-time or part-time to - line of effort three and line of effort four. - (3) Whether the planners described in paragraph (1) are - developing operational plans and playbooks that will be - implemented in response to actual cyber attacks of national - scale or whether the planning activities are limited to - planning and exercise scenarios. - (4) Whether the official in charge of the planners assigned - to line of effort three and line of effort four has or will - have operational control of a Federal response to a cyber - attack of national scale. - (5) Whether the National Cyber Strategy, published in - September 2018, provides for a standing joint multi-agency - organization and staff to plan and direct operational responses - to cyber attacks of national scale. - (6) The charter and implementation plan of the Joint - Department of Defense and Department of Homeland Security Cyber - Protection and Defense Steering Group required by the - memorandum of understanding described in subsection (a). - (c) Definition of Appropriate Committees of Congress.--In this -section, the term ``appropriate committees of Congress'' means-- - (1) the congressional defense committees; - (2) the Committee on Homeland Security and Governmental - Affairs of the Senate; and - (3) the Committee on Homeland Security of the House of - Representatives. - -SEC. 1646. STUDY TO DETERMINE THE OPTIMAL STRATEGY FOR STRUCTURING AND - MANNING ELEMENTS OF THE JOINT FORCE HEADQUARTERS-CYBER - ORGANIZATIONS, JOINT MISSION OPERATIONS CENTERS, AND - CYBER OPERATIONS-INTEGRATED PLANNING ELEMENTS. - + (1) Transmittal to secretary.--Not later than November 1, 2021, + the Board shall transmit to the Secretary a final report on the + study conducted pursuant to subsection (a). + (2) Transmittal to congress.--Not later than 30 days after the + date on which the Secretary receives the final report under + paragraph (1), the Secretary shall submit to the congressional + defense committees such report and such comments as the Secretary + considers appropriate. +SEC. 1656. STUDY TO DETERMINE THE OPTIMAL STRATEGY FOR STRUCTURING AND +MANNING ELEMENTS OF THE JOINT FORCE HEADQUARTERS-CYBER ORGANIZATIONS, +JOINT MISSION OPERATIONS CENTERS, AND CYBER OPERATIONS-INTEGRATED +PLANNING ELEMENTS. (a) Study.-- - (1) In general.--The Principal Cyber Advisor of the - Department of Defense shall conduct a study to determine the - optimal strategy for structuring and manning elements of the - following: - (A) Joint Force Headquarters-Cyber organizations. - (B) Joint Mission Operations Centers. - (C) Cyber Operations-Integrated Planning Elements. - (2) Elements.--The study conducted under subsection (a) - shall include assessment of the following: - (A) Operational effects on the military services if - the entities listed in subparagraphs (A) through (C) of - paragraph (1) are restructured from organizations that - are service component organizations to joint - organizations. - (B) Organizational effects on the military services - if the billets associated with the entities listed in - subparagraphs (A) through (C) of paragraph (1) are - transferred to United States Cyber Command and - designated as joint billets for joint qualification - purposes. + (1) In general.--The Principal Cyber Advisor of the Department + of Defense shall conduct a study to determine the optimal strategy + for structuring and manning elements of the following: + (A) Joint Force Headquarters-Cyber organizations. + (B) Joint Mission Operations Centers. + (C) Cyber Operations-Integrated Planning Elements. + (D) Joint Cyber Centers. + (2) Elements.--The study conducted under subsection (a) shall + include assessment of the following: + (A) Operational effects on the military services if the + entities listed in subparagraphs (A) through (C) of paragraph + (1) are restructured from organizations that are service + component organizations to joint organizations. + (B) Organizational effects on the military services if the + billets associated with the entities listed in subparagraphs + (A) through (C) of paragraph (1) are transferred to United + States Cyber Command and designated as joint billets for joint + qualification purposes. + (C) Operational and organizational effects on the military + services, United States Cyber Command, other combatant + commands, and the Joint Staff if the entities listed in + subparagraphs (A) through (D) of paragraph (1) are realigned, + restructured, or consolidated. (b) Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Principal Cyber Advisor shall - submit to the Committee on Armed Services of the Senate and the - Committee on Armed Services of the House of Representatives a - report on the study conducted under subsection (a). - (2) Contents.--The report submitted under paragraph (1) - shall contain the following: - (A) The findings of the Principal Cyber Advisor - with respect to the study conducted under subsection - (a). - (B) Details of the operational and organizational - effects assessed under subsection (a)(2). - (C) A plan to carry out the transfer described in - subsection (a)(2)(B) and the associated costs. - (D) Such other matters as the Principal Cyber - Advisor considers appropriate. - -SEC. 1647. CYBER GOVERNANCE STRUCTURES AND PRINCIPAL CYBER ADVISORS ON - MILITARY CYBER FORCE MATTERS. - + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Principal Cyber Advisor shall submit to + the Committee on Armed Services of the Senate and the Committee on + Armed Services of the House of Representatives a report on the + study conducted under subsection (a). + (2) Contents.--The report submitted under paragraph (1) shall + contain the following: + (A) The findings of the Principal Cyber Advisor with + respect to the study conducted under subsection (a). + (B) Details of the operational and organizational effects + assessed under subsection (a)(2). + (C) A plan to carry out the transfer described in + subsection (a)(2)(B) and the associated costs, as appropriate. + (D) A plan to realign, restructure, or consolidate the + entities listed in subparagraphs (A) through (D) of subsection + (a)(1). + (E) Such other matters as the Principal Cyber Advisor + considers appropriate. +SEC. 1657. CYBER GOVERNANCE STRUCTURES AND PRINCIPAL CYBER ADVISORS ON +MILITARY CYBER FORCE MATTERS. (a) Designation.-- - (1) In general.--Not later than one year after the date of - the enactment of this Act, each Secretary of a military - department shall designate a Principal Cyber Advisor to act as - the principal advisor to the Secretary of the military - department on the cyber forces, cyber programs, and - cybersecurity matters of the military department, including - matters relating to weapons systems, enabling infrastructure, - and the defense industrial base. - (2) Nature of position.--Each Principal Cyber Advisor - position under paragraph (1) shall be a senior civilian - leadership position. - (b) Responsibilities Principal Cyber Advisors.--Each Principal -Cyber Advisor of a military department shall be responsible for -advising the Secretary of the military department and coordinating and -overseeing the implementation of policy, strategies, sustainment, and -plans on the following: - (1) The resourcing and training of the military cyber - forces of the military department and ensuring that such - resourcing and training meets the needs of United States Cyber - Command. - (2) Acquisition of offensive and defensive cyber - capabilities for the military cyber forces of the military - department. - (3) Cybersecurity management and operations of the military - department. - (4) Acquisition of cybersecurity tools and capabilities for - the cybersecurity service providers of the military department. - (5) Improving and enforcing a culture of cybersecurity - warfighting and responsibility throughout the military - department. - (c) Administrative Matters.-- - (1) Designation of individuals.--In designating a Principal - Cyber Adviser under subsection (a), the Secretary of a military - department may designate an individual in an existing position - in the military department. - (2) Coordination.--The Principal Cyber Advisor of a - military department shall work in close coordination with the - Principal Cyber Advisor of the Department of Defense, the Chief - Information Officer of the Department, relevant military - service chief information officers, and other relevant military - service officers to ensure service compliance with the - Department of Defense Cyber Strategy. - (d) Responsibility to the Senior Acquisition Executives.--In -addition to the responsibilities set forth in subsection (b), the -Principal Cyber Advisor of a military department shall be responsible -for advising the senior acquisition executive of the military -department and, as determined by the Secretary of the military -department, for advising and coordinating and overseeing the -implementation of policy, strategies, sustainment, and plans for-- - (1) cybersecurity of the industrial base; and - (2) cybersecurity of Department of Defense information - systems and information technology services, including how - cybersecurity threat information is incorporated and the - development of cyber practices, cyber testing, and mitigation - of cybersecurity risks. - (e) Review of Current Responsibilities.-- - (1) In general.--Not later than January 1, 2021, each - Secretary of a military department shall review the military - department's current governance model for cybersecurity with - respect to current authorities and responsibilities. - (2) Elements.--Each review under paragraph (1) shall - include the following: - (A) An assessment of whether additional changes - beyond the designation of a Principal Cyber Advisor - pursuant to subsection (a) are required. - (B) Consideration of whether the current governance - structure and assignment of authorities-- - (i) enable effective top-down governance; - (ii) enable effective Chief Information - Officer and Chief Information Security Officer - action; - (iii) are adequately consolidated so that - the authority and responsibility for - cybersecurity risk management is clear and at - an appropriate level of seniority; - (iv) provides authority to a single - individual to certify compliance of Department - information systems and information technology - services with all current cybersecurity - standards; and - (v) support efficient coordination across - the military departments and services, the - Office of the Secretary of Defense, the Defense - Information Systems Agency, and United States - Cyber Command. - (f) Briefing.--Not later than February 1, 2021, each Secretary of a -military department shall brief the congressional defense committees on -the findings of the Secretary with respect to the review conducted by -the Secretary under subsection (e). - -SEC. 1648. DESIGNATION OF TEST NETWORKS FOR TESTING AND ACCREDITATION - OF CYBERSECURITY PRODUCTS AND SERVICES. - + (1) In general.--Not later than 270 days after the date of the + enactment of this Act, each of the secretaries of the military + departments, in consultation with the service chiefs, shall appoint + an independent Principal Cyber Advisor for each service to act as + the principal advisor to the relevant secretary on all cyber + matters affecting that military service. + (2) Nature of position.--Each Principal Cyber Advisor position + under paragraph (1) shall-- + (A) be a senior civilian leadership position, filled by a + senior member of the Senior Executive Service, not lower than + the equivalent of a 3-star general officer, or by exception a + comparable military officer with extensive cyber experience; + (B) exclusively occupy the Principal Cyber Advisor position + and not assume any other position or responsibility in the + relevant military department; + (C) be independent of the relevant service's chief + information officer; and + (D) report directly to and advise the secretary of the + relevant military department and advise the relevant service's + senior uniformed officer. + (3) Notification.--Each of the secretaries of the military + departments shall notify the Committees on Armed Services of the + Senate and House of Representatives of his or her Principal Cyber + Advisor appointment. In the case that the appointee is a military + officer, the notification shall include a justification for the + selection and an explanation of the appointee's ability to execute + the responsibilities of the Principal Cyber Advisor. + (b) Responsibilities of Principal Cyber Advisors.--Each Principal +Cyber Advisor under subsection (a) shall be responsible for advising +both the secretary of the relevant military department and the senior +uniformed military officer of the relevant military service and +implementing the Department of Defense Cyber Strategy within the +service by coordinating and overseeing the execution of the service's +policies and programs relevant to the following: + (1) The recruitment, resourcing, and training of military + cyberspace operations forces, assessment of these forces against + standardized readiness metrics, and maintenance of these forces at + standardized readiness levels. + (2) Acquisition of offensive, defensive, and Department of + Defense Information Networks cyber capabilities for military + cyberspace operations. + (3) Cybersecurity management and operations. + (4) Acquisition of cybersecurity tools and capabilities, + including those used by cybersecurity service providers. + (5) Evaluating, improving, and enforcing a culture of + cybersecurity warfighting and accountability for cybersecurity and + cyberspace operations. + (6) Cybersecurity and related supply chain risk management of + the industrial base. + (7) Cybersecurity of Department of Defense information systems, + information technology services, and weapon systems, including the + incorporation of cybersecurity threat information as part of secure + development processes, cybersecurity testing, and the mitigation of + cybersecurity risks. + (c) Coordination.--To ensure service compliance with the Department +of Defense Cyber Strategy, each Principal Cyber Advisor under +subsection (a) shall work in close coordination with the following: + (1) Service chief information officers. + (2) Service cyber component commanders. + (3) Principal Cyber Advisor to the Secretary of Defense. + (4) Department of Defense Chief Information Officer. + (5) Defense Digital Service. + (d) Budget Certification Authority.-- + (1) In general.--Each of the secretaries of the military + departments shall require service components with responsibilities + associated with cyberspace operations forces, offensive or + defensive cyberspace operations and capabilities, and cyberspace + issues relevant to the duties specified in subsection (b) to + transmit the proposed budget for such responsibilities for a fiscal + year and for the period covered by the future-years defense program + submitted to Congress under section 221 of title 10, United States + Code, for that fiscal year to the relevant service's Principal + Cyber Advisor for review under subparagraph (B) before submitting + the proposed budget to the department's comptroller. + (2) Review.--Each Principal Cyber Advisor under subsection + (a)(1) shall review each proposed budget transmitted under + paragraph (1) and submit to the secretary of the relevant military + department a report containing the comments of the Principal Cyber + Advisor with respect to all such proposed budgets, together with + the certification of the Principal Cyber Advisor regarding whether + each proposed budget is adequate. + (3) Report.--Not later than March 31 of each year, each of the + secretaries of the military departments shall submit to the + congressional defense committees a report specifying each proposed + budget for the subsequent fiscal year contained in the most-recent + report submitted under paragraph (2) that the Principal Cyber + Advisor did not certify to be adequate. The report of the secretary + shall include a discussion of the actions that the secretary took + or proposes to take, together with any additional comments that the + Secretary considers appropriate regarding the adequacy or + inadequacy of the proposed budgets. + (e) Principal Cyber Advisors' Briefing to Congress.--Not later than +February 1, 2021, and biannually thereafter, each Principal Cyber +Advisor under subsection (a) shall brief the Committees on Armed +Services of the Senate and House of Representatives on that Advisor's +activities and ability to perform the functions specified in subsection +(b). + (f) Review of Current Responsibilities.-- + (1) In general.--Not later than January 1, 2021, each of the + secretaries of the military departments shall review the relevant + military department's current governance model for cybersecurity + with respect to current authorities and responsibilities. + (2) Elements.--Each review under paragraph (1) shall include + the following: + (A) An assessment of whether additional changes beyond the + appointment of a Principal Cyber Advisor pursuant to subsection + (a) are required. + (B) Consideration of whether the current governance + structure and assignment of authorities-- + (i) enable effective governance; + (ii) enable effective Chief Information Officer and + Chief Information Security Officer action; + (iii) are adequately consolidated so that the authority + and responsibility for cybersecurity risk management are + clear and at an appropriate level of seniority; + (iv) provide authority to a single individual to + certify compliance of Department of Defense information + systems and information technology services with all + current cybersecurity standards; and + (v) support efficient coordination across the military + services, the Office of the Secretary of Defense, the + Defense Information Systems Agency, and United States Cyber + Command. + (3) Briefing.--Not later than October 1, 2020, each of the + secretaries of the military departments shall brief the Committees + on Armed Services of the Senate and House of Representatives on the + findings of the Secretary with respect to the review conducted by + the Secretary pursuant to paragraph (1). +SEC. 1658. DESIGNATION OF TEST NETWORKS FOR TESTING AND ACCREDITATION +OF CYBERSECURITY PRODUCTS AND SERVICES. (a) Designation.--Not later than April 1, 2020, the Secretary of Defense shall designate, for use by the Defense Information Systems Agency and such other components of the Department of Defense as the @@ -16941,320 +31495,827 @@ Secretary considers appropriate, three test networks for the testing and accreditation of cybersecurity products and services. (b) Requirements.--The networks designated under subsection (a) shall-- - (1) be of sufficient scale to realistically test - cybersecurity products and services; - (2) feature substantially different architectures and - configurations; - (3) be live, operational networks; and - (4) feature cybersecurity processes, tools, and - technologies that are appropriate for test purposes and - representative of the processes, tools, and technologies that - are widely used throughout the Department. - -SEC. 1649. CONSORTIA OF UNIVERSITIES TO ADVISE SECRETARY OF DEFENSE ON - CYBERSECURITY MATTERS. - - (a) Establishment.--The Secretary of Defense shall establish one or -more consortia to advise and assist the Secretary on matters relating -to cybersecurity. + (1) be of sufficient scale to realistically test cybersecurity + products and services; + (2) feature substantially different architectures and + configurations; + (3) be live, operational networks; and + (4) feature cybersecurity processes, tools, and technologies + that are appropriate for test purposes and representative of the + processes, tools, and technologies that are widely used throughout + the Department. + (c) Access.--Upon request, information generated in the testing and +accreditation of cybersecurity products and services shall be made +available to the Office of the Director, Operational Test and +Evaluation. +SEC. 1659. CONSORTIA OF UNIVERSITIES TO ADVISE SECRETARY OF DEFENSE ON +CYBERSECURITY MATTERS. + (a) Establishment and Function.--The Secretary of Defense shall +establish one or more consortia of universities to assist the Secretary +on cybersecurity matters relating to the following: + (1) To provide the Secretary a formal mechanism to communicate + with consortium or consortia members regarding the Department of + Defense's cybersecurity strategic plans, cybersecurity + requirements, and priorities for basic and applied cybersecurity + research. + (2) To advise the Secretary on the needs of academic + institutions related to cybersecurity and research conducted on + behalf of the Department and provide feedback to the Secretary from + members of the consortium or consortia. + (3) To serve as a focal point or focal points for the Secretary + and the Department for the academic community on matters related to + cybersecurity, cybersecurity research, conceptual and academic + developments in cybersecurity, and opportunities for closer + collaboration between academia and the Department. + (4) To provide to the Secretary access to the expertise of the + institutions of the consortium or consortia on matters relating to + cybersecurity. + (5) To align the efforts of such members in support of the + Department. (b) Membership.--The consortium or consortia established under -subsection (a) shall consist of universities that have been designated -as centers of academic excellence by the Director of the National -Security Agency or the Secretary of Homeland Security. +subsection (a) shall be open to all universities that have been +designated as centers of academic excellence by the Director of the +National Security Agency or the Secretary of Homeland Security. (c) Organization.-- - (1) Designation of administrative chair and terms.--For - each consortium established under subsection (a), the - Secretary, based on recommendations from the members of the - consortium, shall designate one member of the consortium to - function as an administrative chair of the consortium for a - term with a specific duration specified by the Secretary. - (2) Subsequent terms.--No member of a consortium designated - under paragraph (1) may serve as the administrative chair of - that consortium for two consecutive terms. - (3) Duties of administrative chair.--Each administrative - chair designated under paragraph (1) for a consortium shall-- - (A) act as the leader of the consortium for the - term specified by the Secretary under paragraph (1); - (B) be the liaison between the consortium and the - Secretary; - (C) distribute requests from the Secretary for - advice and assistance to appropriate members of the - consortium and coordinate responses back to the - Secretary; and - (D) act as a clearinghouse for Department of - Defense requests relating to advice and assistance on - matters relating to cybersecurity and to provide - feedback to the Secretary from members of the - consortium. - (d) Functions.--The functions of a consortium established under -subsection (a) are as follows: - (1) To provide to the Secretary access to the expertise of - the members of the consortium on matters relating to - cybersecurity. - (2) To align the efforts of such members in support of the - Department. - (3) To act as a facilitator in responding to Department - requests relating to advice and assistance on matters relating - to cybersecurity and to provide feedback to the Secretary from + (1) Designation of administrative chair and terms.--For each + consortium established under subsection (a), the Secretary of + Defense, based on recommendations from the members of the + consortium, shall designate one member of the consortium to + function as an administrative chair of the consortium for a term + with a specific duration specified by the Secretary. + (2) Subsequent terms.--No member of a consortium designated + under paragraph (1) may serve as the administrative chair of that + consortium for two consecutive terms. + (3) Duties of administrative chair.--Each administrative chair + designated under paragraph (1) for a consortium shall-- + (A) act as the leader of the consortium for the term + specified by the Secretary under paragraph (1); + (B) be the liaison between the consortium and the + Secretary; + (C) distribute requests from the Secretary for advice and + assistance to appropriate members of the consortium and + coordinate responses back to the Secretary; and + (D) act as a clearinghouse for Department of Defense + requests relating to assistance on matters relating to + cybersecurity and to provide feedback to the Secretary from members of the consortium. + (4) Executive committee.--For each consortium, the Secretary, + in consultation with the administrative chair, may form an + executive committee comprised of university representatives to + assist the chair with the management and functions of the + consortia. Executive committee institutions may not serve + consecutive terms before all other consortium institutions have + been afforded the opportunity to hold the position. + (d) Consultation.--The Secretary, or a senior level designee, shall +meet with each consortium not less frequently than twice per year, or +at a periodicity agreed to between the Department and each such +consortium. (e) Procedures.--The Secretary shall establish procedures for organizations within the Department to access the work product produced by and the research, capabilities, and expertise of a consortium established under subsection (a) and the universities that constitute -the consortium. +such consortium. +SEC. 1660. JOINT ASSESSMENT OF DEPARTMENT OF DEFENSE CYBER RED TEAM +CAPABILITIES, CAPACITY, DEMAND, AND REQUIREMENTS. + (a) Joint Assessment Required.--Not later than 180 days after the +date of the enactment of this Act, the Secretary of Defense shall, in +coordination with the Chief Information Officer of the Department of +Defense, Principal Cyber Advisor, and the Director of Operational Test +and Evaluation-- + (1) conduct a joint assessment of Department cyber red team + capabilities, capacity, demand, and future requirements that affect + the Department's ability to develop, test, and maintain secure + systems in a cyber environment; and + (2) brief the congressional defense committees on the results + of the joint assessment. + (b) Elements.--The joint assessment required by subsection (a)(1) +shall-- + (1) specify demand for cyber red team support for acquisition + and operations; + (2) specify shortfalls in meeting demand and future + requirements, disaggregated by the Department of Defense component + or agency and by military department; + (3) examine funding and retention initiatives to increase cyber + red team capacity to meet demand and future requirements identified + to support the testing, training, and development communities; + (4) examine the feasibility and benefit of developing and + procuring a common Red Team Integrated Capabilities Stack that + better utilizes increased capacity of cyber ranges and better + models the capabilities and tactics, techniques, and procedures of + adversaries; + (5) examine the establishment of oversight and assessment + metrics for Department cyber red teams; + (6) assess the implementation of common development efforts for + tools, techniques, and training; + (7) assess potential industry and academic partnerships and + services; + (8) assess the mechanisms and procedures in place to deconflict + red-team activities and defensive cyber operations on active + networks; + (9) assess the use of Department cyber personnel in training as + red team support; + (10) assess the use of industry and academic partners and + contractors as red team support and the cost- and resource- + effectiveness of such support; and + (11) assess the need for permanent, high-end dedicated red- + teaming activities to model sophisticated adversaries' attacking + critical Department systems and infrastructure. Subtitle D--Nuclear Forces -SEC. 1661. MODIFICATION OF AUTHORITIES RELATING TO NUCLEAR COMMAND, - CONTROL, AND COMMUNICATIONS SYSTEM. - +SEC. 1661. CONFORMING AMENDMENT TO COUNCIL ON OVERSIGHT OF THE NATIONAL +LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM. + Section 171a of title 10, United States Code, is amended by +striking ``, Technology, and Logistics'' each place it appears and +inserting ``and Sustainment''. +SEC. 1662. MODIFICATION OF AUTHORITIES RELATING TO NUCLEAR COMMAND, +CONTROL, AND COMMUNICATIONS SYSTEM. (a) Duties and Powers of Under Secretary of Defense for Acquisition and Sustainment.--Section 133b(b) of title 10, United States Code, is amended-- - (1) by redesignating paragraphs (4), (5), (6), and (7) as - paragraphs (5), (6), (7), and (8), respectively; - (2) by inserting after paragraph (3) the following new - paragraph (4): - ``(4) establishing policies for, and providing oversight, - guidance, and coordination with respect to, the nuclear - command, control, and communications system;''; and - (3) in paragraph (6), as redesignated by paragraph (1), by - inserting after ``overseeing the modernization of nuclear - forces'' the following: ``, including the nuclear command, - control, and communications system,''. + (1) by redesignating paragraphs (4), (5), (6), and (7) as + paragraphs (5), (6), (7), and (8), respectively; + (2) by inserting after paragraph (3) the following new + paragraph (4): + ``(4) establishing policies for, and providing oversight, + guidance, and coordination with respect to, the nuclear command, + control, and communications system;''; and + (3) in paragraph (6), as redesignated by paragraph (1), by + inserting after ``overseeing the modernization of nuclear forces'' + the following: ``, including the nuclear command, control, and + communications system,''. (b) Duties and Responsibilities of Chief Information Officer.-- Section 142(b)(1) of such title is amended-- - (1) by striking subparagraph (G); and - (2) by redesignating subparagraphs (H) and (I) as - subparagraphs (G) and (H), respectively. - -SEC. 1662. EXPANSION OF OFFICIALS REQUIRED TO CONDUCT BIENNIAL - ASSESSMENTS OF DELIVERY PLATFORMS FOR NUCLEAR WEAPONS AND - NUCLEAR COMMAND AND CONTROL SYSTEM. + (1) by striking subparagraph (G); and + (2) by redesignating subparagraphs (H) and (I) as subparagraphs + (G) and (H), respectively. +SEC. 1663. BRIEFINGS ON MEETINGS HELD BY NUCLEAR WEAPONS COUNCIL. + Section 179 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(g) Semiannual Briefings.--(1) Not later than February 1 and +August 1 of each year, the Council shall provide to the congressional +defense committees a briefing on, with respect to the six-month period +preceding the briefing-- + ``(A) the dates on which the Council met; and + ``(B) except as provided by paragraph (2), a summary of any + decisions made by the Council pursuant to subsection (d) at each + such meeting and the rationale for and options that informed such + decisions. + ``(2) The Council shall not be required to include in a briefing +under paragraph (1) the matters described in subparagraph (B) of that +paragraph with respect to decisions of the Council relating to the +budget of the President for a fiscal year if the budget for that fiscal +year has not been submitted to Congress under section 1105 of title 31 +as of the date of the briefing.''. +SEC. 1664. CONSIDERATION OF BUDGET MATTERS AT MEETINGS OF NUCLEAR +WEAPONS COUNCIL. + (a) Attendance.-- + (1) Requirement.--Except as provided by subsection (b), each + official described in paragraph (2) shall attend the meetings of + the Nuclear Weapons Council established by section 179 of title 10, + United States Code, and the meetings of the Standing and Safety + Committee of the Council, or such a successor committee. Each such + official shall attend such meetings as advisors on matters within + the authority and expertise of the official. + (2) Officials described.--The officials described in this + paragraph are each of the following officials (or the designees of + the officials): + (A) The Director of Cost Assessment and Program Evaluation + of the Department of Defense. + (B) The Director of the Office of Management and Budget of + the National Nuclear Security Administration. + (C) The Director for Cost Estimating and Program Evaluation + of the National Nuclear Security Administration. + (D) The Director of the Office of Management and Budget. + (b) Exception.--On a case-by-case basis, the Chairman of the +Nuclear Weapons Council, without delegation, may exclude the attendance +of an official at a meeting pursuant to subsection (a) because of +specific requirements relating to classified information or other +exigent circumstances as determined by the Chairman. +SEC. 1665. IMPROVEMENT TO ANNUAL REPORT ON THE MODERNIZATION OF THE +NUCLEAR WEAPONS ENTERPRISE. + (a) Extension.--Subsection (a) of section 1043 of the National +Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 +Stat. 1576), as most recently amended by section 1670 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232; 132 Stat. 2157), is further amended in paragraph (1) by +striking ``2023'' and inserting ``2024''. + (b) Acquisition Costs.--Subsection (b)(1) of such section is +amended-- + (1) in subparagraph (B), by striking ``; and'' and inserting + the following: ``, including an estimate of the acquisition costs + during such period for programs relating to such life extension, + modernization, or replacement;''; + (2) in subparagraph (C), by striking the end period and + inserting ``; and''; and + (3) by adding at the end the following: + ``(D) an estimate of the relative percentage of total + acquisition costs of the military departments and of the + Department of Defense during such period represented by the + acquisition costs estimated under subparagraph (B).''. + (c) Transfer of Provision.-- + (1) Codification.--Such section 1043, as amended by subsections + (a) and (b), is-- + (A) transferred to chapter 24 of title 10, United States + Code; + (B) inserted after section 492; + (C) redesignated as section 492a; and + (D) amended-- + (i) in the enumerator, by striking ``sec.'' and + inserting ``Sec. ''; and + (ii) in the section heading-- + + (I) by striking the period at the end; and + (II) by conforming the typeface and typestyle, + including capitalization, to the typeface and typestyle + as used in the section heading of section 491 of such + title. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 24 of title 10, United States Code, is amended by + inserting after the item relating to section 492 the following new + item: + +``492a. Annual report on the plan for the nuclear weapons stockpile, + nuclear weapons complex, nuclear weapons delivery systems, and + nuclear weapons command and control system.''. +SEC. 1666. EXPANSION OF OFFICIALS REQUIRED TO CONDUCT BIENNIAL +ASSESSMENTS OF DELIVERY PLATFORMS FOR NUCLEAR WEAPONS AND NUCLEAR +COMMAND AND CONTROL SYSTEM. Section 492(d) of title 10, United States Code, is amended-- - (1) in paragraph (2), by striking ``; and'' and inserting a - semicolon; - (2) in paragraph (3), by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following: - ``(4) the Commander of the United States Air Forces in - Europe.''. - -SEC. 1663. CONFORMING AMENDMENT TO COUNCIL ON OVERSIGHT OF THE NATIONAL - LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM. - - Section 171a of title 10, United States Code, is amended by -striking ``, Technology, and Logistics'' each place it appears and -inserting ``and Sustainment''. - -SEC. 1664. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC - MISSILES OF THE UNITED STATES. - - (a) Prohibition.--Except as provided by subsection (b), none of the -funds authorized to be appropriated by this Act or otherwise made -available for fiscal year 2020 for the Department of Defense shall be -obligated or expended for-- - (1) reducing, or preparing to reduce, the responsiveness or - alert level of the intercontinental ballistic missiles of the - United States; or - (2) reducing, or preparing to reduce, the quantity of - deployed intercontinental ballistic missiles of the United - States to a number less than 400. - (b) Exception.--The prohibition in subsection (a) shall not apply -to any of the following activities: - (1) The maintenance or sustainment of intercontinental - ballistic missiles. - (2) Ensuring the safety, security, or reliability of - intercontinental ballistic missiles. - -SEC. 1665. BRIEFING ON LONG-RANGE STANDOFF WEAPON AND SEA-LAUNCHED - CRUISE MISSILE. - + (1) in paragraph (2), by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (3), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following new paragraph: + ``(4) the Commander of the United States Air Forces in + Europe.''. +SEC. 1667. EXTENSION OF ANNUAL BRIEFING ON COSTS OF FORWARD-DEPLOYING +NUCLEAR WEAPONS IN EUROPE. + Section 1656(a) of the National Defense Authorization Act for +Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1124) is amended by +striking ``2021'' and inserting ``2024''. +SEC. 1668. ELIMINATION OF CONVENTIONAL REQUIREMENT FOR LONG-RANGE +STANDOFF WEAPON. + Subsection (a) of section 217 of the National Defense Authorization +Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 706), as amended +by section 1662 of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2152), is +amended to read as follows: + ``(a) Long-range Standoff Weapon.--The Secretary of the Air Force +shall develop a follow-on air-launched cruise missile to the AGM-86 +that-- + ``(1) achieves initial operating capability for nuclear + missions prior to the retirement of the nuclear-armed AGM-86; and + ``(2) is capable of internal carriage and employment for + nuclear missions on the next-generation long-range strike + bomber.''. +SEC. 1669. BRIEFING ON LONG-RANGE STANDOFF WEAPON AND SEA-LAUNCHED +CRUISE MISSILE. Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Administrator for Nuclear Security, shall provide to the Committees on Armed Services of the Senate and the House of -Representatives a briefing on opportunities-- - (1) to increase commonality between the long-range standoff - weapon and the sea-launched cruise missile; and - (2) to leverage, in the development of the sea-launched - cruise missile, technologies developed, or under development as - of the date of the briefing, as part of the long-range standoff - weapon program. - -SEC. 1666. SENSE OF THE SENATE ON INDUSTRIAL BASE FOR GROUND-BASED - STRATEGIC DETERRENT PROGRAM. - - It is the sense of the Senate that-- - (1) ensuring the viability of an industrial base of at - least two domestic producers of large solid rocket motors for - the ground-based strategic deterrent program is an important - national security interest; and - (2) in continuing to carry out that program, the Secretary - of Defense should-- - (A) strive to maintain competition and proper - vendor capabilities in order to maintain the best value - for the Government; - (B) consider the long-term health and viability of - the industrial base when structuring and awarding major - procurement or development contracts; and - (C) when appropriate, structure programs to provide - stability to the industrial base by maintaining - continued production for an extended period. - -SEC. 1667. SENSE OF THE SENATE ON NUCLEAR DETERRENCE COMMITMENTS OF THE - UNITED STATES. - - It is the sense of the Senate that-- - (1) credible extended deterrence commitments make key - contributions to the security of the United States, - international stability, and the nonproliferation objectives of - the United States; - (2) the nuclear forces of the United States, as well as the - independent nuclear forces of other members of the North - Atlantic Treaty Organization (in this section referred to as - ``NATO''), continue to play a critical role in national - security strategy of the United States and the security of the - NATO alliance; - (3) the forward-deployment of dual-capable aircraft - operated by the United States, and the participation of certain - NATO members in the nuclear deterrence mission, are vitally - important to the deterrence and defense posture of NATO; - (4) such aircraft provide a credible and flexible nuclear - capability that plays a fundamental role in regional deterrence - and effectively assuring allies and partners of the commitment - of the United States to their security; and - (5) nuclear-certified F-35A aircraft provide the most - advanced nuclear fighter capability in the current and future - anti-access area denial environments. +Representatives a briefing on potential opportunities-- + (1) to increase commonality between the long-range standoff + weapon and the sea-launched cruise missile; and + (2) to leverage, in the development of the sea-launched cruise + missile, technologies developed, or under development as of the + date of the briefing, as part of the long-range standoff weapon + program. +SEC. 1670. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR MOBILE +VARIANT OF GROUND-BASED STRATEGIC DETERRENT MISSILE. + Section 1664 of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 130 Stat. 2615), as most recently +amended by section 1666 of the John S. McCain National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +2155), is further amended by striking ``for any of fiscal years 2017 +through 2020'' and inserting ``for any of fiscal years 2017 through +2024''. +SEC. 1671. REPORTS ON DEVELOPMENT OF GROUND-BASED STRATEGIC DETERRENT +WEAPON. + (a) Annual 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 established by section 179 of +title 10, United States Code, 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, associated costs, 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). + (c) Additional Report.--If the Air Force receives only one bid for +the engineering and manufacturing development phase of the ground-based +strategic deterrent program, the Secretary shall, not later than 60 +days after awarding a contract for that phase, submit to the +congressional defense committees a report assessing the risks and costs +resulting from receiving only one bid for that phase and plans to +mitigate such risks and costs. + (d) Form.--Each report required by subsection (a) or (c) shall be +submitted in unclassified form, but may include a classified annex. +SEC. 1672. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC +MISSILES OF THE UNITED STATES. + (a) Prohibition.--Except as provided in subsection (b), none of the +funds authorized to be appropriated by this Act for fiscal year 2020 +for the Department of Defense may be obligated or expended for the +following, and the Department may not otherwise take any action to do +the following: + (1) Reduce, or prepare to reduce, the responsiveness or alert + level of the intercontinental ballistic missiles of the United + States. + (2) Reduce, or prepare to reduce, the quantity of deployed + intercontinental ballistic missiles of the United States to a + number less than 400. + (b) Exception.--The prohibition in subsection (a) shall not apply +to any of the following activities: + (1) The maintenance or sustainment of intercontinental + ballistic missiles. + (2) Ensuring the safety, security, or reliability of + intercontinental ballistic missiles. +SEC. 1673. INDEPENDENT STUDY ON POLICY OF NO-FIRST-USE OF NUCLEAR +WEAPONS. + (a) Study.--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 the United States adopting a policy to not use +nuclear weapons first. + (b) Matters Included.--The study under subsection (a) shall include +the following: + (1) An assessment of the benefits and risks of adopting a + policy to not use nuclear weapons first to reduce the risk of + miscalculation in a crisis. + (2) An assessment of the views of the allies of the United + States with respect to the United States adopting such a policy, + including whether, and if so how, any concerns regarding such a + policy could be mitigated, including the value of engaging such + allies to offer credible extended deterrence assurances. + (3) An assessment of which foreign countries have stated or + adopted such a policy, including the credibility of any such + policies and how they affect planning and operations. + (4) An assessment of how adversaries of the United States might + view a declaration of such a policy. + (5) An assessment of the benefits and risks of such a policy + with respect to nuclear nonproliferation. + (6) An assessment of changes in force posture and force + requirements, if any, and costs or savings, that such a policy + would require or allow. + (7) Any other matters the Secretary determines appropriate. + (c) Submission to DOD.--Not later than 240 days after the date of +the enactment of this Act, the federally funded research and +development center shall submit to the Secretary the study under +subsection (a). + (d) Submission to Congress.-- + (1) Interim briefing.--Not later than 120 days after the date + of the enactment of this Act, the Secretary shall provide to the + appropriate congressional committees an interim briefing on the + study under subsection (a). + (2) Study.--Not later than 270 days after the date of the + enactment of this Act, the Secretary shall submit to the + appropriate congressional committees the study under subsection + (a), without change. + (e) Form.--The study under subsection (a) shall be submitted under +subsections (c) and (d)(2) in unclassified form, but may include a +classified annex. + (f) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional defense committees; and + (2) the Committee on Foreign Affairs of the House of + Representatives and the Committee on Foreign Relations of the + Senate. +SEC. 1674. INDEPENDENT STUDY ON RISKS OF NUCLEAR TERRORISM AND NUCLEAR +WAR. + (a) In General.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of Defense shall enter into an +agreement with the National Academy of Sciences to conduct a study on-- + (1) whether a risk assessment framework is applicable to + determining the potential risks of nuclear terrorism and nuclear + war; and + (2) the implications for national security of assumptions in + nuclear policy and doctrine. + (b) Matters Included.--The study under subsection (a) shall-- + (1) identify risks described in paragraph (1) of that + subsection; + (2) assess prior literature on such risks; + (3) assess the role that quantitative and nonquantitative + analytical methods can play in assessing such risks, including the + limitations of such analysis; + (4) identify and examine the assumptions about nuclear risks + that underlie the national security strategy of the United States; + and + (5) describe the consequences of the methods and assumptions + that have been, are, or could be used in developing the nuclear + security strategy of the United States. + (c) Recommendations.--Based on findings under subsection (b), the +study may provide recommendations with respect to improving the use of +a risk assessment framework described in subsection (a)(1). + (d) Submission.--Not later than one year after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees the study under subsection (a), without change. + (e) Form.--The study shall be submitted in unclassified form, but +may include a classified annex. +SEC. 1675. REPORT ON MILITARY-TO-MILITARY DIALOGUE TO REDUCE RISKS OF +MISCALCULATION LEADING TO NUCLEAR WAR. + Not later than 120 days after the date of the enactment of this +Act, the Secretary of Defense, in coordination with the Secretary of +State, shall submit to the congressional defense committees, the +Committee on Foreign Affairs of the House of Representatives, and the +Committee on Foreign Relations of the Senate a report containing the +following: + (1) A description of-- + (A) current discussions between the United States Armed + Forces and military counterparts from governments of foreign + countries to reduce the risks of miscalculation, unintended + consequences, or accidents that could precipitate the use of + one or more nuclear weapons; and + (B) bilateral and multilateral agreements to which the + United States is a party that provide for or facilitate + military-to-military dialogue to address such risks. + (2) An assessment of the extent to which, if any, that + military-to-military dialogue to reduce such risks is consistent + with or supportive of other efforts conducted between the United + States Government and foreign governments, or between + nongovernmental organizations and foreign counterparts, to reduce + such risks. + (3) An assessment conducted jointly by the Secretary of Defense + and the Chairman of the Joint Chiefs of Staff, and in consultation + with the Director of National Intelligence-- + (A) on the risks and benefits of establishing, in addition + to the discussions described in paragraph (1)(A), military-to- + military discussions with the Russian Federation, Iran, the + People's Republic of China, and North Korea to address the + risks described in that paragraph, including with respect to + policy, cost, and operational matters; and + (B) of the willingness of the governments of those + countries to engage in such discussions. +SEC. 1676. REPORT ON NUCLEAR FORCES OF THE UNITED STATES AND NEAR-PEER +COUNTRIES. + (a) Report.--Not later than February 15, 2020, the Secretary of +Defense, in coordination with the Director of National Intelligence, +shall submit to the appropriate committees of Congress a report on the +nuclear forces of the United States and near-peer countries. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) An assessment of the current and planned nuclear systems of + the United States, including with respect to research and + development timelines, deployment timelines, and force size. + (2) An assessment of the current and planned nuclear systems of + the People's Republic of China, including with respect to research + and development timelines, deployment timelines, and force size. + (3) An assessment of the current and planned nuclear systems of + the Russian Federation, including with respect to research and + development timelines, deployment timelines, and force size, + including-- + (A) deployed nuclear weapons not covered by the New START + Treaty; + (B) nuclear weapons in development that would not be + covered by the New START Treaty; and + (C) strategic nuclear weapons that are not deployed. + (c) Form.--The report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. + (d) Definitions.--In this section: + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the Committee on Armed Services and the Select + Committee on Intelligence of the Senate; and + (B) the Committee on Armed Services and the Permanent + Select Committee on Intelligence of the House of + Representatives. + (2) 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 at Prague April 8, 2010, and + entered into force February 5, 2011. +SEC. 1677. REPORT ON OPERATION OF CONVENTIONAL FORCES OF MILITARY +DEPARTMENTS UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF NUCLEAR +WEAPONS. + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretary of the Air Force, the Secretary of the Army, and the +Secretary of the Navy, shall submit to the congressional defense +committees a report detailing the views of each such Secretary on the +ability of conventional forces under the authority of that Secretary to +operate effectively under employment or threat of employment of nuclear +weapons by the United States, an ally of the United States, or an +adversary of the United States, including with respect to-- + (1) measures taken to maximize the likelihood that such forces + could continue to operate; + (2) risks or gaps in the capabilities of such forces that would + result from the employment or threat of employment of nuclear + weapons; and + (3) how the capabilities and limitations of such forces would + impact decisions to continue or terminate operations. + (b) Form of Report.--The report required by subsection (a) shall be +submitted in classified form but shall be accompanied by an +unclassified summary appropriate for release to the public. +SEC. 1678. REPORT ON OPERATION OF CONVENTIONAL FORCES OF CERTAIN +COMBATANT COMMANDS UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF NUCLEAR +WEAPONS. + (a) In General.--Not later than one year after the date of the +enactment of this Act, the Chairman of the Joint Chiefs of Staff, in +coordination with the Commander of the United States European Command, +the Commander of the United States Indo-Pacific Command, and the +Commander of the United States Strategic Command, shall submit to the +congressional defense committees a report detailing the views of the +Chairman and each such Commander on the ability of conventional forces +under the authority of that Commander to execute contingency plans +under employment or threat of employment of nuclear weapons by the +United States, an ally of the United States, or an adversary of the +United States, including with respect to-- + (1) measures taken to maximize the likelihood that such forces + could continue to operate; + (2) risks or gaps in the capabilities of such forces that would + result from the employment or threat of employment of nuclear + weapons; and + (3) how the capabilities and limitations of such forces would + impact decisions to continue or terminate operations. + (b) Form of Report.--The report required by subsection (a) shall be +submitted in classified form but shall be accompanied by an +unclassified summary appropriate for release to the public. +SEC. 1679. BRIEFINGS ON PLAN FOR FUTURE-SYSTEMS-LEVEL ARCHITECTURE OF +NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS SYSTEMS. + (a) In General.--Not later than February 15, 2020, and every 180 +days thereafter through fiscal year 2025, the Commander of the United +States Strategic Command, in coordination with the Under Secretary of +Defense for Acquisition and Sustainment, shall provide to the +congressional defense committees a briefing on the plan of the +Department of Defense for the future-systems-level architecture of the +nuclear command, control, and communications systems. + (b) Elements.--Each briefing required by subsection (a) shall +address the following: + (1) Near- and long-term plans and options considered as of the + date of the briefing in determining the future-systems-level + architecture of the nuclear command, control, and communications + systems, including options to maximize resilience of such systems. + (2) Requirements, including with respect to cybersecurity, + survivability, and reliability, including levels of redundancy. + (3) The risks and benefits of replicating the legacy + architecture for such systems. + (4) The risks and benefits of using different architectures for + such systems, including using hosted payloads in space payloads. + (5) Security considerations for such systems, including + classification and requirements and plans to ensure supply chain + security. + (6) Classification options and decisions with respect to such + architecture and systems to deter attacks on such systems. + (7) Timelines and general cost estimates for long-term + investments in such systems, to the extent possible at the time of + the briefing. + (8) Risks and benefits of pursuing agreements with adversaries + of the United States, including potential agreements not to target + nuclear command, control, and communications systems through + kinetic, nonkinetic, or cyber attacks. + (9) Required levels of civilian and military staffing within + the United States Strategic Command, the Office of the Secretary of + Defense, and any other relevant component of the Department of + Defense to evaluate or execute such architecture, and an estimate + of when such levels of staffing will be achieved. + (10) Any other matters the Secretary considers appropriate. +SEC. 1680. SENSE OF CONGRESS ON NUCLEAR DETERRENCE COMMITMENTS OF THE +UNITED STATES. + It is the sense of Congress that-- + (1) credible extended deterrence commitments make key + contributions to the security of the United States, international + stability, and the nonproliferation objectives of the United + States; + (2) the nuclear forces of the United States, as well as the + independent nuclear forces of other members of the North Atlantic + Treaty Organization (in this section referred to as ``NATO''), + continue to play a critical role in the security of the NATO + alliance; + (3) United States forward-deployed nuclear weapons and dual- + capable aircraft in Europe contribute to the assurance of allies of + the United States of the commitment of the United States to their + security and to the deterrence and defense posture of NATO; and + (4) nuclear-certified F-35A aircraft will provide the most + advanced nuclear fighter capability in the current and future anti- + access area denial environments. Subtitle E--Missile Defense Programs -SEC. 1671. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI - COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND - CO-PRODUCTION. - +SEC. 1681. NATIONAL MISSILE DEFENSE POLICY. + (a) Policy.--Subsection (a) of section 1681 of the National Defense +Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. +2431 note) is amended to read as follows: + ``(a) Policy.--It is the policy of the United States to-- + ``(1) maintain and improve, with funding subject to the annual + authorization of appropriations and the annual appropriation of + funds for National Missile Defense-- + ``(A) an effective, layered missile defense system capable + of defending the territory of the United States against the + developing and increasingly complex missile threat posed by + rogue states; and + ``(B) an effective regional missile defense system capable + of defending the allies, partners, and deployed forces of the + United States against increasingly complex missile threats; and + ``(2) rely on nuclear deterrence to address more sophisticated + and larger quantity near-peer intercontinental missile threats to + the homeland of the United States.''. + (b) Redesignation Requirement.--Not later than the date on which +the President submits to Congress the annual budget request of the +President for fiscal year 2021 pursuant to section 1105 of title 31, +United States Code, the Secretary of Defense shall, as the Secretary +considers appropriate, redesignate all strategies, policies, programs, +and systems under the jurisdiction of the Secretary to reflect that +missile defense programs of the United States defend against ballistic, +cruise, and hypersonic missiles in all phases of flight. +SEC. 1682. DEVELOPMENT OF SPACE-BASED BALLISTIC MISSILE INTERCEPT +LAYER. + Section 1688 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended-- + (1) by striking subsection (c); and + (2) by redesignating subsection (d) as subsection (c). +SEC. 1683. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING +SPACE SENSOR PAYLOAD. + (a) Development.--Section 1683 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. +2431 note) is amended-- + (1) by redesignating subsections (d), (e), (f), (g), and (h), + as subsections (e), (f), (g), (h), and (j), respectively; and + (2) by inserting after subsection (c) the following new + subsection (d): + ``(d) Hypersonic and Ballistic Missile Tracking Space Sensor +Payload.-- + ``(1) Development.--The Director of the Missile Defense Agency, + in coordination with the Director of the Space Development Agency + and the Secretary of the Air Force, as appropriate, shall-- + ``(A) develop a hypersonic and ballistic missile tracking + space sensor payload; and + ``(B) include such payload as a component of the sensor + architecture developed under subsection (a). + ``(2) Assignment of primary responsibility.--Not later than 30 + days after the date of the enactment of the National Defense + Authorization Act for Fiscal Year 2020, the Secretary of Defense + shall-- + ``(A) assign the Director of the Missile Defense Agency + with the principal responsibility for the development and + deployment of a hypersonic and ballistic tracking space sensor + payload; and + ``(B) submit to the congressional defense committees a + certification of such assignment.''. + (b) Updated Plan.--Such section is further amended by inserting +after subsection (h), as redesignated by subsection (a), the following +new subsection: + ``(i) Updated Plan.--Not later than 90 days after the date of the +enactment of the National Defense Authorization Act for Fiscal Year +2020, the Secretary of Defense shall submit to the appropriate +congressional committees an update to the plan under subsection (h), +including with respect to the following: + ``(1) How the Director of the Missile Defense Agency, the + Director of the Defense Advanced Research Projects Agency, the + Secretary of the Air Force, and the Director of the Space + Development Agency, will each participate in the development of the + sensor architecture under subsection (a) and the inclusion of the + hypersonic and ballistic missile tracking space sensor payload as a + component of such architecture pursuant to subsection (d), with + respect to both prototype and operational capabilities, including + how each such official will work together to avoid duplication of + efforts. + ``(2) How such payload will address the requirement of the + United States Strategic Command for a hypersonic and ballistic + missile tracking space sensing capability. + ``(3) The estimated costs (in accordance with subsection (e)) + to develop, acquire, and deploy, and the lifecycle costs to operate + and sustain, the payload under subsection (d) and include such + payload in the sensor architecture developed under subsection + (a).''. + (c) Conforming Amendment.--Subsection (h)(1) of such section, as +redesignated by subsection (a), is amended by striking ``with +subsection (d)'' and inserting ``with subsection (e)''. +SEC. 1684. MODIFICATIONS TO REQUIRED TESTING BY MISSILE DEFENSE AGENCY +OF GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF BALLISTIC MISSILE DEFENSE +SYSTEM. + Section 1689(b) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2631; 10 U.S.C. 2431 +note) is amended-- + (1) in the matter preceding paragraph (1), by striking ``, when + possible,''; and + (2) in paragraph (3), by inserting ``, including the use of + threat-representative countermeasures'' before the period. +SEC. 1685. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI +COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION. (a) Iron Dome Short-Range Rocket Defense System.-- - (1) Availability of funds.--Of the funds authorized to be - appropriated by this Act or otherwise made available for fiscal - year 2020 for procurement, Defense-wide, and available for the - Missile Defense Agency, not more than $95,000,000 may be - provided to the Government of Israel to procure components for - the Iron Dome short-range rocket defense system through co- - production of such components in the United States by industry - of the United States. - (2) Conditions.-- - (A) Agreement.--Funds described in paragraph (1) - for the Iron Dome short-range rocket defense program - shall be available subject to the terms and conditions - in the Agreement Between the Department of Defense of - the United States of America and the Ministry of - Defense of the State of Israel Concerning Iron Dome - Defense System Procurement, signed on March 5, 2014, as - amended to include co-production for Tamir - interceptors. - (B) Certification.--Not later than 30 days prior to - the initial obligation of funds described in paragraph - (1), the Director of the Missile Defense Agency and the - Under Secretary of Defense for Acquisition and - Sustainment shall jointly submit to the appropriate - congressional committees-- - (i) a certification that the amended - bilateral international agreement specified in - subparagraph (A) is being implemented as - provided in such agreement; and - (ii) an assessment detailing any risks - relating to the implementation of such - agreement. + (1) Availability of funds.--Of the funds authorized to be + appropriated by this Act for fiscal year 2020 for procurement, + Defense-wide, and available for the Missile Defense Agency, not + more than $95,000,000 may be provided to the Government of Israel + to procure components for the Iron Dome short-range rocket defense + system through co-production of such components in the United + States by industry of the United States. + (2) Conditions.-- + (A) Agreement.--Funds described in paragraph (1) for the + Iron Dome short-range rocket defense program shall be available + subject to the terms and conditions in the Agreement Between + the Department of Defense of the United States of America and + the Ministry of Defense of the State of Israel Concerning Iron + Dome Defense System Procurement, signed on March 5, 2014, as + amended to include co-production for Tamir interceptors. + (B) Certification.--Not later than 30 days prior to the + initial obligation of funds described in paragraph (1), the + Director of the Missile Defense Agency and the Under Secretary + of Defense for Acquisition and Sustainment shall jointly submit + to the appropriate congressional committees-- + (i) a certification that the amended bilateral + international agreement specified in subparagraph (A) is + being implemented as provided in such agreement; and + (ii) an assessment detailing any risks relating to the + implementation of such agreement. (b) Israeli Cooperative Missile Defense Program, David's Sling Weapon System Co-production.-- - (1) In general.--Subject to paragraph (3), of the funds - authorized to be appropriated for fiscal year 2020 for - procurement, Defense-wide, and available for the Missile - Defense Agency not more than $50,000,000 may be provided to the - Government of Israel to procure the David's Sling Weapon - System, including for co-production of parts and components in - the United States by United States industry. - (2) Agreement.--(A) Provision of funds specified in - paragraph (1) shall be subject to the terms and conditions in - the bilateral co-production agreement, including-- - (i) a one-for-one cash match is made by Israel or - in another matching amount that otherwise meets best - efforts (as mutually agreed to by the United States and - Israel); and - (ii) co-production of parts, components, and all-up - rounds (if appropriate) in the United States by United - States industry for the David's Sling Weapon System is - not less than 50 percent. - (3) Certification and assessment.--The Under Secretary of - Defense for Acquisition and Sustainment shall submit to the - appropriate congressional committees-- - (A) a certification that the Government of Israel - has demonstrated the successful completion of the - knowledge points, technical milestones, and production - readiness reviews required by the research, - development, and technology agreement and the bilateral - co-production agreement for the David's Sling Weapon - System; and - (B) an assessment detailing any risks relating to - the implementation of such agreement. + (1) In general.--Subject to paragraph (3), of the funds + authorized to be appropriated for fiscal year 2020 for procurement, + Defense-wide, and available for the Missile Defense Agency not more + than $50,000,000 may be provided to the Government of Israel to + procure the David's Sling Weapon System, including for co- + production of parts and components in the United States by United + States industry. + (2) Agreement.--Provision of funds specified in paragraph (1) + shall be subject to the terms and conditions in the bilateral co- + production agreement, including-- + (A) a one-for-one cash match is made by Israel or in + another matching amount that otherwise meets best efforts (as + mutually agreed to by the United States and Israel); and + (B) co-production of parts, components, and all-up rounds + (if appropriate) in the United States by United States industry + for the David's Sling Weapon System is not less than 50 + percent. + (3) Certification and assessment.--The Under Secretary of + Defense for Acquisition and Sustainment shall submit to the + appropriate congressional committees-- + (A) a certification that the Government of Israel has + demonstrated the successful completion of the knowledge points, + technical milestones, and production readiness reviews required + by the research, development, and technology agreement and the + bilateral co-production agreement for the David's Sling Weapon + System; and + (B) an assessment detailing any risks relating to the + implementation of such agreement. (c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier Interceptor Program Co-Production.-- - (1) In general.--Subject to paragraph (2), of the funds - authorized to be appropriated for fiscal year 2020 for - procurement, Defense-wide, and available for the Missile - Defense Agency not more than $55,000,000 may be provided to the - Government of Israel for the Arrow 3 Upper Tier Interceptor - Program, including for co-production of parts and components in - the United States by United States industry. - (2) Certification.--The Under Secretary of Defense for - Acquisition and Sustainment shall submit to the appropriate - congressional committees a certification that-- - (A) the Government of Israel has demonstrated the - successful completion of the knowledge points, - technical milestones, and production readiness reviews - required by the research, development, and technology - agreement for the Arrow 3 Upper Tier Interceptor - Program; - (B) funds specified in paragraph (1) will be - provided on the basis of a one-for-one cash match made - by Israel or in another matching amount that otherwise - meets best efforts (as mutually agreed to by the United - States and Israel); - (C) the United States has entered into a bilateral - international agreement with Israel that establishes, - with respect to the use of such funds-- - (i) in accordance with subparagraph (D), - the terms of co-production of parts and - components on the basis of the greatest - practicable co-production of parts, components, - and all-up rounds (if appropriate) by United - States industry and minimizes nonrecurring - engineering and facilitization expenses to the - costs needed for co-production; - (ii) complete transparency on the - requirement of Israel for the number of - interceptors and batteries that will be - procured, including with respect to the - procurement plans, acquisition strategy, and - funding profiles of Israel; - (iii) technical milestones for co- - production of parts and components and - procurement; - (iv) a joint affordability working group to - consider cost reduction initiatives; and - (v) joint approval processes for third- - party sales; and - (D) the level of co-production described in - subparagraph (C)(i) for the Arrow 3 Upper Tier - Interceptor Program is not less than 50 percent. + (1) In general.--Subject to paragraph (2), of the funds + authorized to be appropriated for fiscal year 2020 for procurement, + Defense-wide, and available for the Missile Defense Agency not more + than $55,000,000 may be provided to the Government of Israel for + the Arrow 3 Upper Tier Interceptor Program, including for co- + production of parts and components in the United States by United + States industry. + (2) Certification.--The Under Secretary of Defense for + Acquisition and Sustainment shall submit to the appropriate + congressional committees a certification that-- + (A) the Government of Israel has demonstrated the + successful completion of the knowledge points, technical + milestones, and production readiness reviews required by the + research, development, and technology agreement for the Arrow 3 + Upper Tier Interceptor Program; + (B) funds specified in paragraph (1) will be provided on + the basis of a one-for-one cash match made by Israel or in + another matching amount that otherwise meets best efforts (as + mutually agreed to by the United States and Israel); + (C) the United States has entered into a bilateral + international agreement with Israel that establishes, with + respect to the use of such funds-- + (i) in accordance with subparagraph (D), the terms of + co-production of parts and components on the basis of the + greatest practicable co-production of parts, components, + and all-up rounds (if appropriate) by United States + industry and minimizes nonrecurring engineering and + facilitization expenses to the costs needed for co- + production; + (ii) complete transparency on the requirement of Israel + for the number of interceptors and batteries that will be + procured, including with respect to the procurement plans, + acquisition strategy, and funding profiles of Israel; + (iii) technical milestones for co-production of parts + and components and procurement; + (iv) a joint affordability working group to consider + cost reduction initiatives; and + (v) joint approval processes for third-party sales; and + (D) the level of co-production described in subparagraph + (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not + less than 50 percent. (d) Number.--In carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit-- - (1) one certification covering both the David's Sling - Weapon System and the Arrow 3 Upper Tier Interceptor Program; - or - (2) separate certifications for each respective system. + (1) one certification covering both the David's Sling Weapon + System and the Arrow 3 Upper Tier Interceptor Program; or + (2) separate certifications for each respective system. (e) Timing.--The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) by not later than @@ -17263,680 +32324,4247 @@ and (c) for the respective system covered by the certification are provided to the Government of Israel. (f) 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. - -SEC. 1672. EXPANSION OF NATIONAL MISSILE DEFENSE POLICY AND PROGRAM - REDESIGNATION. - - (a) Sense of the Senate.--It is the Sense of the Senate that-- - (1) the United States must continue to pursue a - comprehensive missile defense strategy that will deliver - integrated and effective capabilities to counter ballistic, - cruise, and hypersonic missile threats; - (2) adversaries are quickly expanding the capabilities of - their existing missile systems, adding new and unprecedented - types of missile capabilities to their arsenals, and further - integrating offensive missiles into their coercive threats, - military exercises, and war planning; - (3) both Russia and China are rapidly enhancing their - existing offensive missile systems and developing advanced sea- - , ground-, and air-launched cruise missiles as well as - hypersonic capabilities; - (4) due to the proliferation of offensive ballistic and - cruise missiles and the emergence of game-changing hypersonic - weapons technologies, all of which threaten regional balances, - our allies and partners, United States deployed armed forces, - and the United States homeland, missile defenses become an even - more critical element of United States strategy; and - (5) the United States must outpace adversary offensive - missile capabilities. - (b) Expansion of Policy.--Section 1681(a) of the National Defense -Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. -2431 note) is amended by striking ``ballistic missile threat'' and -inserting ``ballistic, cruise, and hypersonic missile threats''. - (c) Redesignation Requirement.--Not later than the date on which -the President submits to Congress pursuant to section 1105 of title 31, -United States Code, the annual budget request of the President for -fiscal year 2021, the Secretary of Defense shall, as the Secretary -considers appropriate, redesignate all strategies, policies, programs, -and systems under the jurisdiction of the Secretary to reflect that -missile defense programs of the United States defend against ballistic, -cruise, and hypersonic missiles in all phases of flight. + (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. +SEC. 1686. LIMITATION ON AVAILABILITY OF FUNDS FOR LOWER TIER AIR AND +MISSILE DEFENSE SENSOR. + (a) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2020 for the Army for +the lower tier air and missile defense sensor, not more than 75 percent +may be obligated or expended until the Secretary of the Army submits +the report under subsection (b). + (b) Report.--The Secretary of the Army shall submit to the +congressional defense committees a report on the test and demonstration +of lower tier air and missile defense sensors that occurred during the +third quarter of fiscal year 2019. Such report shall include the +following: + (1) An explanation of how the test and demonstration was + conducted and what the test and demonstration set out to achieve, + including-- + (A) an explanation of the performance specifications used; + and + (B) a description of the emulated threats used in the test + and demonstration and how such threats compare to emerging + regional air and missile threats. + (2) An explanation of the capability of the sensor system that + the Secretary determined to be the winner of the test and + demonstration, including with respect to-- + (A) the capability of such sensor system against key + threats and requirements, including whether such sensor system + will be delivered with full 360-degree coverage and the ability + of such sensor system to detect, track, and surveil targets; + (B) the estimated procurement and life-cycle costs of + operating such sensor system; and + (C) the cost, timeline, and approach that will be used to + integrate the lower tier air and missile defense sensor with + other sensors using the Integrated Air and Missile Defense + Battle Command System. + (3) An explanation of whether future performance improvements + to the lower tier air and missile defense sensor are conditional on + intellectual property and how such improvements will be made if the + United States does not own such intellectual property. +SEC. 1687. PLAN FOR THE REDESIGNED KILL VEHICLE REPLACEMENT. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the decision by the Department of Defense to terminate the + redesigned kill vehicle contract on August 22, 2019, due to + technological problems encountered during development will result + in a delay to the fielding of an additional 20 ground-based + interceptors at Fort Greely, Alaska, which had been planned to be + emplaced by the end of calendar year 2023; + (2) to ensure that the future next-generation improved homeland + defense interceptor program will deliver the required capability, + have rigorous technical and acquisition oversight, and maintain + schedule milestones, thereby mitigating the risk of similar issues + as experienced with the redesigned kill vehicle, the acquisition + strategy for such program should be reviewed and jointly approved + by both the Under Secretary of Defense for Research and Engineering + and the Under Secretary of Defense for Acquisition and Sustainment, + with input by stakeholders across the Department of Defense prior + to proceeding with development efforts and awarding a contract; and + (3) the Department, including the Missile Defense Agency, + should uphold ``fly before you buy'' principles in such new + acquisition strategy to ensure the overall system and components + have been rigorously flight-tested prior to making procurement + decisions. + (b) Limitation.--Of the funds authorized to be appropriated by this +Act or otherwise made available for fiscal year 2020 for the Missile +Defense Agency for the next-generation improved homeland defense +interceptor, not more than 50 percent may be obligated or expended +until the date on which the Secretary of Defense submits the report +under subsection (c). + (c) Report.--The Secretary of Defense shall submit to the +congressional defense committees a report on the next-generation +improved homeland defense interceptor program to replace the redesigned +kill vehicle. The report shall include the following: + (1) Updated threat assessments by the intelligence community + informing system threshold and objective requirements. + (2) Updated requirements to address current and emerging + threats. + (3) Technical, programmatic, and cost analyses conducted on + courses of action and alternatives to meet capability requirements, + including-- + (A) an independent cost estimate for each course of action + considered; and + (B) an evaluation of the technical readiness level of the + overall system and the components for each course of action + considered. + (4) Options considered to address reliability efforts of the + current fleet, understanding known deficiencies, and the impact of + not addressing such efforts and deficiencies until the delivery of + the next-generation improved homeland defense interceptors. + (5) An obsolescence, refurbishment, and sustainment plan for + all ground-based interceptor silos, including any impacts to the + construction, delivery, and sustainment of missile field 4 located + at Fort Greely, Alaska, taking into account the delay to emplacing + additional interceptors. + (6) Possible opportunities as a result of the impacts described + in paragraph (4) for improvements to missile fields located at Fort + Greely other than missile field 4, including additional + infrastructure or components required, and estimated schedules and + costs for such opportunities. + (7) A determination of the appropriate fleet mix of ground- + based interceptor kill vehicles and boosters to maximize overall + system effectiveness and increase capacity and capability, + including the costs and benefits of continued inclusion of + capability enhancement II block 1 interceptors after the fielding + of the next-generation improved homeland defense interceptor. +SEC. 1688. ORGANIZATION, AUTHORITIES, AND BILLETS OF THE MISSILE +DEFENSE AGENCY. + (a) Independent Study.-- + (1) Assessment.--In accordance with paragraph (2), the + Secretary of Defense shall seek to enter into a contract with a + federally funded research and development center to conduct a study + assessing-- + (A) the organization of the Missile Defense Agency under + the Under Secretary of Defense for Research and Engineering + pursuant to section 205(b) of title 10, United States Code; + (B) alternative ways to organize the Agency under other + officials of the Department of Defense, including the Under + Secretary for Acquisition and Sustainment and any other + official of the Department the federally funded research and + development center determines appropriate; and + (C) transitioning the Agency to the standard acquisition + process pursuant to Department of Defense Instruction 5000, + including both the risks and benefits of making such a + transition. + (2) Scope of study.--Before entering into the contract with a + federally funded research and development center to conduct the + study under paragraph (1), the Secretary shall provide to the + congressional defense committees an update on the scope of such + study. + (3) Submission to dod.--Not later than 180 days after the date + of the enactment of this Act, the federally funded research and + development center shall submit to the Secretary the study + conducted under paragraph (1). + (4) Submission to congress.--Not later than 30 days after the + date on which the federally funded research and development center + submits to the Secretary the study under paragraph (1), the + Secretary shall submit to the congressional defense committees the + study, without change. + (b) Notification on Changes to Non-standard Acquisition Processes +and Responsibilities.-- + (1) Requirements.--The Secretary may not make any changes to + the missile defense non-standard acquisition processes and + responsibilities described in paragraph (2) until the Secretary, + without delegation-- + (A) has consulted with the Under Secretary of Defense for + Research and Engineering, the Under Secretary of Defense for + Acquisition and Sustainment, the Under Secretary of Defense for + Policy, the secretaries of the military departments, the + Chairman of the Joint Chiefs of Staff, the Commander of United + States Strategic Command, the Commander of United States + Northern Command, and the Director of the Missile Defense + Agency; + (B) certifies to the congressional defense committees that + the Secretary has coordinated the changes with and received the + views of the individuals referred to in subparagraph (A); + (C) submits to the congressional defense committees a + report describing the changes, the rationale for the changes, + and the views of the individuals referred to in subparagraph + (A) with respect to such changes; and + (D) a period of 120 days has elapsed following the date on + which the Secretary submits such report. + (2) Non-standard acquisition processes and responsibilities + described.--The non-standard acquisition processes and + responsibilities described in this paragraph are such processes and + responsibilities described in-- + (A) the memorandum of the Secretary of Defense titled + ``Missile Defense Program Direction'' signed on January 2, + 2002; + (B) Department of Defense Directive 5134.09, as in effect + on the date of the enactment of this Act; and + (C) United States Strategic Command Instruction 583-3. + (c) Limitation on Certain Transfers of Billets.--During fiscal year +2020, the Secretary of Defense may not transfer civilian or military +billets from the Missile Defense Agency to any element of the +Department under the Under Secretary of Defense for Research and +Engineering until, for each such transfer-- + (1) the Secretary notifies the congressional defense committees + of such proposed transfer; and + (2) a period of 90 days has elapsed following the date of such + notification. +SEC. 1689. ANNUAL ASSESSMENT OF BALLISTIC MISSILE DEFENSE SYSTEM. + (a) Annual Assessment.--As part of the annual report of the +Director of Operational Test and Evaluation submitted to Congress under +section 139 of title 10, United States Code, the Director shall include +an assessment of the ballistic missile defense system and all of the +elements of the system that have been fielded or are planned, as of the +date of the assessment, including-- + (1) the operational effectiveness, suitability, and + survivability of the ballistic missile defense system and the + elements of the system that have been fielded or tested; and + (2) the adequacy and sufficiency of the test program of such + system as of the date of the assessment, including with respect to + the operational realism of the tests. + (b) Form.--Each assessment under subsection (a) may be submitted in +unclassified form, and may include a classified annex. +SEC. 1690. COMMAND AND CONTROL, BATTLE MANAGEMENT, AND COMMUNICATIONS +PROGRAM. + (a) Limitation on Sale.--The Director of the Missile Defense Agency +may not release the command and control, battle management, and +communications program for export until the date on which the Director +submits the report under subsection (b). + (b) Report.--Not later than 90 days after the date of the enactment +of this Act, the Director shall submit to the congressional defense +committees, the Committee on Foreign Affairs of the House of +Representatives, and the Committee on Foreign Relations of the Senate a +report containing the following: + (1) An explanation of the rationale of the Director for + considering to export the command and control, battle management, + and communications program (or any variants thereof) in light of + the critical role of the program in the strategic national defense + of the United States and the allies of the United States against + ballistic missile attack. + (2) The findings of the market research and analysis conducted + by the Director regarding exportable command and control solutions + for ballistic missile defense, including such solutions that are + internationally available. +SEC. 1691. MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS UNITED +STATES. + (a) Report.--Not later than January 31, 2020, the Secretary of +Defense shall submit to the congressional defense committees a report +on the designation made on June 26, 2019, of a preferred potential +future missile field site in the contiguous United States from the +sites evaluated pursuant to section 227 of the National Defense +Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. +1678). The report shall address the following: + (1) The environmental impact statement prepared pursuant to + such section 227. + (2) The strategic and operational effectiveness of the site, + including with respect to the location that is the most + advantageous site in providing coverage to the entire contiguous + United States, including having the capability to provide shoot- + assess-shoot coverage to the entire contiguous United States. + (3) Construction remediation efforts and impacts to the + existing environment at the site. + (4) The existing infrastructure at the site. + (5) The costs to construct, equip, and operate the site. + (b) Form.--The report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. + (c) Rule of Construction.--Nothing in this section may be +construed-- + (1) as requiring the Secretary of Defense to begin a military + construction project relating to the missile defense site in the + contiguous United States; or + (2) as a statement that there is any current military + requirement for such a site. + (d) Conforming Repeal.--Section 1681 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. +1776) is repealed. +SEC. 1692. INDEPENDENT STUDY ON IMPACTS OF MISSILE DEFENSE DEVELOPMENT +AND DEPLOYMENT. + (a) Study.--Not later than 30 days after the date of the enactment +of this Act, the Secretary of Defense shall seek to enter into an +agreement with a federally funded research and development center to +conduct a study on the impacts of the development and deployment of +homeland missile defenses of the United States on the security of the +United States as a whole. + (b) Matters Included.--The study under subsection (a) shall-- + (1) consider whether security benefits obtained by the + deployment of homeland missile defenses of the United States are + undermined or counterbalanced by adverse reactions of potential + adversaries, including both rogue states and near-peer adversaries; + and + (2) consider the effectiveness of the homeland missile defense + efforts of the United States to deter the development of ballistic + missiles, in particular by both rogue states and near-peer + adversaries. + (c) Submission.--Not later than one year after the date of the +enactment of this Act, the Secretary shall submit to the congressional +defense committees the study under subsection (a), without change. + (d) Form.--The study shall be submitted under subsection (c) in +unclassified form, but may include a classified annex. +SEC. 1693. REPORT AND BRIEFING ON MULTI-VOLUME KILL CAPABILITY. + Not later than 120 days after the date of the enactment of this +Act, the Under Secretary of Defense for Research and Engineering, in +coordination with the Director of the Missile Defense Agency, the Under +Secretary of Defense for Acquisition and Sustainment, and the Director +of Cost Assessment and Program Evaluation, shall submit to the +congressional defense committees a report, and shall provide to such +committees a briefing, on an assessment of potential roles for a multi- +volume kill capability in a future architecture of the ballistic +missile defense system. Such report and briefing shall include the +following: + (1) An assessment of the current technology readiness level of + necessary components and the technology readiness levels needed for + an operational system. + (2) An assessment of the costs and a comprehensive development + and testing schedule to deploy a multi-volume kill capability. + (3) A concept of operations with respect to how a multi-volume + kill capability could be employed and how such a capability + compares to single-kill ground-based midcourse defense system + interceptors. -SEC. 1673. ACCELERATION OF THE DEPLOYMENT OF PERSISTENT SPACE-BASED - SENSOR ARCHITECTURE. - - (a) Sense of the Senate.--It is the Sense of the Senate that-- - (1) Congress has expressed support for a space-based - missile defense sensor program, in the two most recent enacted - National Defense Authorization Acts; - (2) the Secretary of Defense should rapidly develop and - deploy a persistent, space-based sensor architecture to ensure - missile defenses of the United States are more effective - against ballistic missile threats and more responsive to - emergent threats from hypersonic and cruise missiles; - (3) the responsibility for developing and deploying a - hypersonic and ballistic tracking space sensor should remain - within the Director of the Missile Defense Agency; and - (4) the Director of the Missile Defense Agency should - deploy a hypersonic and ballistic tracking space sensor - constellation as soon as technically feasible. - (b) Assignment of Primary Responsibility for Development and -Deployment of Hypersonic and Ballistic Tracking Space Sensor.--Not -later than 30 days after the date of the enactment of this Act, the -Secretary shall-- - (1) assign the Director of the Missile Defense Agency with - the principal responsibility for the development and deployment - of a hypersonic and ballistic tracking space sensor; and - (2) submit to the congressional defense committees - certification of such assignment. - (c) Certification Regarding Funding of Hypersonic and Ballistic -Tracking Space Sensor Program.--At the same time that the President -submits to Congress pursuant to section 1105 of title 31, United States -Code, the annual budget request of the President for fiscal year 2021, -the Under Secretary of Defense Comptroller and the Director for Cost -Assessment and Program Evaluation shall jointly certify to the -congressional defense committees whether the hypersonic and ballistic -tracking space sensor program is sufficiently funded in the future- -years defense program for the Missile Defense Agency. - (d) Deployment Deadline.--Section 1683(a) of the National Defense -Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. -2431 note) is amended-- - (1) by striking ``(a) In General.--'' and inserting the - following: - ``(a) Development, Testing, and Deployment.-- - ``(1) Development.--''; and - (2) by adding at the end the following new paragraphs: - ``(2) Testing and deployment.--The Director shall begin on- - orbit testing of a hypersonic and ballistic tracking space - sensor no later than December 31, 2021, with full operational - deployment as soon as technically feasible thereafter. - ``(3) Waiver.--The Secretary of Defense may waive the - deadline for testing specified in paragraph (2) if the - Secretary submits to the congressional defense committees a - report containing-- - ``(A) the explanation why the Secretary cannot meet - such deadline; - ``(B) the technical risks and estimated cost of - accelerating the program to attempt to meet such - deadline; - ``(C) an assessment of threat systems that could - not be detected or tracked persistently due to waiving - such deadline; and - ``(D) a plan, including a timeline, for beginning - the required testing.''. - (e) Report on Progress.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the congressional defense committees a report on the - progress of all efforts being made by the Missile Defense - Agency, the Defense Advanced Research Projects Agency, the Air - Force, and the Space Development Agency relating to space-based - sensing and tracking capabilities for missile defense and how - each of such organizations will work together to avoid - duplication of efforts. - (2) Form.--The report required by paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. + Subtitle F--Other Matters -SEC. 1674. NONSTANDARD ACQUISITION PROCESSES OF MISSILE DEFENSE AGENCY. - - (a) Sense of the Senate.--It is the sense of the Senate that-- - (1) the Department of Defense needs to provide capabilities - at the speed of relevance that are more lethal, and to ensure - acquisition processes fulfill the needs of members of the Armed - Forces now and in the future; - (2) significant defense acquisition reforms enacted over - the past three National Defense Authorization Acts have - improved access to nontraditional and commercial innovation and - to expanded flexible acquisition authorities in the development - of alternative acquisition pathways to acquire critical - national security capabilities; - (3) the Department appropriately recently recognized the - Missile Defense Agency for its acquisition success by - presenting it with the 2018 David Packard Excellence in - Acquisition Award for the development of the Space-Based Kill - Assessment (SKA) program and the Missile Defense Agency should - be commended for its numerous and rapid acquisition successes; - (4) the recently completed Missile Defense Review - explicitly highlights, in stark terms, the threat posed to the - United States by ballistic and hypersonic missile threats; and - (5) the Missile Defense Agency should maintain its - nonstandard acquisition authorities in order to continue to - rapidly design, test, and deliver critically needed defensive - capabilities to the warfighter. - (b) Changes to Nonstandard Acquisition Processes and -Responsibilities.-- - (1) Limitation.--None of the funds authorized to be - appropriated by this Act may be obligated or expended to change - the nonstandard acquisition processes and responsibilities - described in paragraph (2) until the Secretary-- - (A) has consulted with the Under Secretary of - Defense for Research and Engineering, the Under - Secretary of Defense for Policy, the secretaries of the - military departments, the Chairman of the Joint Chiefs - of Staff, the Commander of United States Strategic - Command (USSTRATCOM), the Commander of United States - Northern Command (USNORTHCOM), and the Director of the - Missile Defense Agency; - (B) certifies to the congressional defense - committees that the Secretary has coordinated the - changes with and received the views of the individuals - referred to in subparagraph (A); - (C) submits to the congressional defense committees - a report describing the changes, the rationale for the - changes, and the views of the individuals referred to - in subparagraph (A) with respect to such changes; and - (D) a period of 270 days has elapsed since - submittal of the report under subparagraph (C). - (2) Nonstandard acquisition processes and responsibilities - described.--The nonstandard acquisition processes and - responsibilities described in this paragraph are such processes - and responsibilities described in-- - (A) the memorandum of the Secretary of Defense - titled ``Missile Defense Program Direction'' signed on - January 2, 2002; and - (B) Department of Defense Directive 5134.09, as in - effect on the date of the enactment of this Act. - -SEC. 1675. PLAN FOR THE REDESIGNED KILL VEHICLE. - - (a) Report Required.--The Director of the Missile Defense Agency -shall submit to the congressional defense committees a report on the -delay in the Redesigned Kill Vehicle Program. - (b) Elements.--The report required by subsection (a) shall include -the following: - (1) A description of the reason for the delay. - (2) An overview of the revised program schedule including a - revised test plan and revised acquisition strategy. - (3) A detailed description of any recommendations that - could be utilized to accelerate the scheduled fielding - including modifications to the acquisition strategy or the - procurement and assembly of long-lead materials unaffected by - the reason for the delay. - (4) A timeline associated with such recommendations. - (5) Additional funding required to carry out such - recommendations. - (6) An assessment of risk associated with such - recommendations. - (7) A description of any recommendations that were - submitted to the Director by contractors that the Director - considers reasonable but were not adopted. - (8) An explanation as to why the recommendations described - in paragraph (7) were not adopted. - (c) Form of Report.--The report required under subsection (a) shall -be submitted in unclassified form, but may contain a classified annex. - -SEC. 1676. REPORT ON IMPROVING GROUND-BASED MIDCOURSE DEFENSE ELEMENT - OF BALLISTIC MISSILE DEFENSE SYSTEM. +SEC. 1694. EXTENSION OF AUTHORIZATION FOR PROTECTION OF CERTAIN +FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT. + (a) In General.--Subsection (i) of section 130i of title 10, United +States Code, is amended by striking ``2020'' both places it appears and +inserting ``2023''. + (b) Technical Corrections.--Such section is amended-- + (1) in subsection (i)(1), as amended by subsection (a), by + striking ``of subsection (j)(3)'' and inserting ``of subsection + (j)(3)(C)''; and + (2) in subsection (j)(6), by striking ``in'' and all that + follows through the period at the end and inserting ``in section + 44801 of title 49''. +SEC. 1695. REPEAL OF REQUIREMENT FOR COMMISSION ON ELECTROMAGNETIC +PULSE ATTACKS AND SIMILAR EVENTS. + Section 1691 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1786) is repealed. +SEC. 1696. REPEAL OF REVIEW REQUIREMENT FOR AMMONIUM PERCHLORATE +REPORT. + Section 1694 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 131 Stat. 1792) is amended by striking +subsection (d). +SEC. 1697. TRANSFERABILITY OF CONVENTIONAL PROMPT GLOBAL STRIKE WEAPON +SYSTEM TECHNOLOGIES TO SURFACE-LAUNCHED PLATFORMS. + (a) Surface-launched Technologies.--The Secretary of the Navy shall +ensure that the technologies developed for the conventional prompt +global strike weapon system are transferrable to a surface-launched +platform. + (b) Report.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of the Navy shall submit to the +congressional defense committees a report on the programmatic changes +required to integrate the conventional prompt global strike weapon +system into current or future surface combatant ships. +SEC. 1698. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN OFFENSIVE +GROUND-LAUNCHED BALLISTIC OR CRUISE MISSILE SYSTEMS. + (a) Prohibition.--None of the funds authorized to be appropriated +by this Act or otherwise made available for fiscal year 2020 for the +Department of Defense may be obligated or expended for the procurement +or deployment of an offensive ground-launched ballistic or cruise +missile system with a range between 500 and 5,500 kilometers. + (b) Report.--Not later than January 31, 2020, the Secretary of +Defense shall submit to the congressional defense committees a report, +and provide a briefing, that includes the following: + (1) An evaluation of the capabilities required to execute + contingency plans in the areas of responsibility of the United + States European Command and the United States Indo-Pacific Command + using offensive ground-launched missile systems of ranges in excess + of 500 kilometers. + (2) An evaluation of what types of systems (including the range + and flight profile of such systems), if any, could be used to meet + the required capabilities identified under paragraph (1). + (3) The results of an analysis of alternatives conducted by the + Chairman of the Joint Chiefs of Staff and the Director of Cost + Assessment and Program Evaluation that considers-- + (A) conventional missile systems, including ground-, sea-, + and air-launched missiles, that could be deployed to meet the + required capabilities identified under paragraph (1); + (B) the cost, schedule, and feasibility of tailored + acquisition strategies for each such system considered; + (C) simulations and games that were performed to inform the + analysis of alternatives; + (D) benefits and risks of such different types of systems, + including operational considerations in contested environments; + and + (E) any other operational or programmatic considerations + determined relevant by the Chairman or the Director. + (4) Options for basing any such missile system in, or deploying + any such missile system to, Europe or the Indo-Pacific region, + including any agreements required for such options and potential + timelines to implement such options. + (5) A list of any governments of a foreign country consulted + about such possible deployments, and a summary of the reaction of + each such government. + (6) A discussion of whether deploying such missile systems on + the territory of a NATO ally would require a consensus decision by + NATO. + (c) Form.--The report under subsection (b) shall be submitted in +unclassified form, but may contain a classified annex. +SEC. 1699. HARD AND DEEPLY BURIED TARGETS. + (a) Briefing Required.-- + (1) In general.--Not later than December 1, 2019, the Chairman + of the Joint Chiefs of Staff shall, in consultation with the + Commander of the United States Strategic Command, provide to the + congressional defense committees a classified briefing on hard and + deeply buried targets. + (2) Elements.--The briefing required by paragraph (1) shall + include the following: + (A) An estimate of the total number of high-value hard and + deeply buried targets associated with United States military + operations plans. + (B) A description of the contents, functions, and hardening + characteristics of the targets described in subparagraph (A), + as well as their level of protection by anti-access and area + denial capabilities. + (C) An assessment of the current ability of, and + requirement, cost, and implications for deterrence and + strategic stability for, the United States to hold such targets + at risk using existing conventional and nuclear capabilities. + (D) An assessment of the potential ability of, and + requirement, cost, and implications for deterrence and + strategic stability for, the United States to hold such targets + at risk using projected conventional and nuclear capabilities + as of 2030. + (b) Plan Required.--Not later than February 15, 2020, the Secretary +of Defense shall develop a plan detailing the requirement, cost, and +implications for deterrence and strategic stability for the United +States to possess by 2025 the capabilities to pose a credible threat +against targets described in the briefing required by subsection (a). + + TITLE XVII--REPORTS AND OTHER MATTERS + + Subtitle A--Studies and Reports + +Sec. 1701. Modification of annual reporting requirements on defense + manpower. +Sec. 1702. Termination of requirement for submittal to Congress of + certain recurring reports. +Sec. 1703. Modification of annual report on civilian casualties in + connection with United States military operations. +Sec. 1704. Extension of requirement for briefings on the national + biodefense strategy. +Sec. 1705. Authorization of appropriations for title III of the Defense + Production Act of 1950. +Sec. 1706. Report on the Department of Defense plan for mass-casualty + disaster response operations in the Arctic. +Sec. 1707. Transmittal to Congress of requests for assistance from other + departments of the Federal Government that are approved by the + Department of Defense. +Sec. 1708. Report and briefing on implementation of national defense + strategy. +Sec. 1709. Actions to increase analytic support. +Sec. 1710. Inclusion of certain individuals investigated by Inspectors + General in the semiannual report. +Sec. 1711. Annual report on Joint Military Information Support + Operations Web Operations Center. +Sec. 1712. Mobility capability requirements study. +Sec. 1713. Assessment of special operations force structure. +Sec. 1714. Army aviation strategic plan and modernization roadmap. +Sec. 1715. Report on ground-based long-range artillery to counter land + and maritime threats. +Sec. 1716. Independent review of transportation working-capital fund. +Sec. 1717. Geographic command risk assessment of proposed use of certain + aircraft capabilities. +Sec. 1718. Report on backlog of personnel security clearance + adjudications. +Sec. 1719. Report regarding outstanding Government Accountability Office + recommendations. +Sec. 1720. Report on National Guard and United States Northern Command + capacity to meet homeland defense and security incidents. +Sec. 1721. Assessment of standards, processes, procedures, and policy + relating to civilian casualties. +Sec. 1722. Report on transfers of equipment to prohibited entities. +Sec. 1723. Annual report on strikes undertaken by the United States + against terrorist targets outside areas of active hostilities. +Sec. 1724. Review and assessment of mitigation of military helicopter + noise. + + Subtitle B--Other Matters + +Sec. 1731. Technical, conforming, and clerical amendments. +Sec. 1732. Establishment of lead Inspector General for an overseas + contingency operation based on Secretary of Defense + notification. +Sec. 1733. Clarification of authority of Inspectors General for overseas + contingency operations. +Sec. 1734. Employment status of annuitants for Inspectors General for + overseas contingency operations. +Sec. 1735. Extension of National Security Commission on Artificial + Intelligence. +Sec. 1736. Exemption from calculation of monthly income, for purposes of + bankruptcy laws, of certain payments from the Department of + Veterans Affairs and the Department of Defense. +Sec. 1737. Extension of postage stamp for breast cancer research. +Sec. 1738. National Commission on Military Aviation Safety. +Sec. 1739. Guarantee of residency for spouses of members of the + uniformed services. +Sec. 1740. Electromagnetic pulses and geomagnetic disturbances. +Sec. 1741. Improvements to Manufacturing USA Program. +Sec. 1742. Regional innovation program. +Sec. 1743. Aviation workforce development. +Sec. 1744. Oversight of Department of Defense execute orders. +Sec. 1745. Processes and procedures for notifications regarding special + operations forces. +Sec. 1746. Securing American science and technology. +Sec. 1747. Standardized policy guidance for calculating aircraft + operation and sustainment costs. +Sec. 1748. Special Federal Aviation Regulation Working Group. +Sec. 1749. Prohibition on names related to the Confederacy. +Sec. 1750. Support for National Maritime Heritage Grants program. +Sec. 1751. Support for world language advancement and readiness. +Sec. 1752. Designation of Department of Defense strategic Arctic ports. +Sec. 1753. Independent studies regarding potential cost savings with + respect to the nuclear security enterprise and force structure + . +Sec. 1754. Comprehensive Department of Defense policy on collective + self-defense. +Sec. 1755. Policy regarding the transition of data and applications to + the cloud. +Sec. 1756. Integrated public alert and warning system. +Sec. 1757. Improving quality of information in background investigation + request packages. +Sec. 1758. Parole in place for members of the Armed Forces and certain + military dependents. +Sec. 1759. Report on reducing the backlog in legally required historical + declassification obligations of the Department of Defense. +Sec. 1760. Military type certification for light attack experimentation + aircraft. + + Subtitle A--Studies and Reports + +SEC. 1701. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS ON DEFENSE +MANPOWER. + (a) Conversion of Annual Requirements Report Into Annual Profile +Report.--Section 115a of title 10, United States Code, is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by striking the + first two sentences and inserting the following new sentence: + ``Not later than April 1 each year, the Secretary of Defense + shall submit to Congress a defense manpower profile report.''; + (B) in paragraph (1), by adding ``and'' at the end; + (C) in paragraph (2), by striking ``; and'' and inserting a + period; and + (D) by striking paragraph (3); + (2) in subsection (b)-- + (A) by striking ``(1)''; and + (B) by striking paragraphs (2) and (3); and + (3) in subsection (c), by striking ``the following:'' and all + that follows and inserting ``the manpower required for support and + overhead functions within the armed forces and the Department of + Defense.''. + (b) Conversion of Certain Current Report Elements Into Separate, +Modified Reports.--Such section is further amended-- + (1) in subsection (d), by striking ``The Secretary shall also + include in each such report'' and inserting ``Not later than April + 1 each year, the Secretary shall submit to Congress a report that + sets forth''; and + (2) in subsection (e)(1), by striking ``In each such report, + the Secretary shall also include'' and inserting ``Not later than + April 1 each year, the Secretary shall submit to Congress a report + that sets forth''; + (3) in subsection (f)-- + (A) in the matter preceding paragraph (1), by striking + ``The Secretary shall also include in each such report'' and + inserting ``Not later than June 1 each year, the Secretary + shall submit to Congress a report that sets forth''; and + (B) in paragraph (1), by striking ``and estimates of such + numbers for the current fiscal year and subsequent fiscal + years''; + (4) in subsection (g)-- + (A) in the matter preceding paragraph (1), by striking ``In + each report submitted under subsection (a), the Secretary shall + also include a detailed discussion'' and inserting ``Not later + than September 1 each year, the Secretary shall submit to + Congress a report that sets forth a detailed discussion, + current as of the preceding fiscal year,''; and + (B) by striking ``the year'' each place it appears and + inserting ``the fiscal year''; and + (5) in subsection (h), by striking ``In each such report, the + Secretary shall include a separate report'' and inserting ``Not + later than April 1 each year, the Secretary shall submit to + Congress a report''. + (c) Conforming and Clerical Amendments.-- + (1) Heading amendment.--The heading of such section is amended + to read as follows: +``Sec. 115a. Annual defense manpower profile report and related + reports''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 3 of such title is amended by striking the item relating + to section 115a and inserting the following new item: - (a) Report Required.--Not later than 90 days after the date of the -enactment of this Act, the Director of the Missile Defense Agency shall -submit to the congressional defense committees a report on-- - (1) options to increase the capability, capacity, and - reliability of the ground-based midcourse defense element of - the United States ballistic missile defense system; and - (2) the infrastructure requirements for increasing the - number of ground-based interceptors as part of such element. - (b) Contents.--The report required by subsection (a) shall include +``115a. Annual defense manpower profile report and related reports.''. +SEC. 1702. TERMINATION OF REQUIREMENT FOR SUBMITTAL TO CONGRESS OF +CERTAIN RECURRING REPORTS. + (a) Termination.--Effective on December 30, 2021, each report +described in subsection (b) that is still required to be submitted to +Congress as of such effective date shall no longer be required to be +submitted to Congress. + (b) Covered Reports.--A report described in this subsection is any +of the following: + (1) The report required by section 1696(b) of the John S. + McCain National Defense Authorization Act for Fiscal Year 2019 + (Public Law 115-232). + (2) The report required by section 1071(b)(1) of the National + Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91). + (3) The report required by section 1788a(d) of title 10, United + States Code, as added by section 555 of such Act. + (4) The report required under section 709(g) of the National + Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; + 10 U.S.C. 1071 note). + (5) The report required by section 1292(a)(2) of such Act (22 + U.S.C. 2751 note). + (6) The quarterly report required by section 1236(c) of such + Act. + (7) The annual certification required by section 1666 of such + Act (10 U.S.C. 2431 note). + (8) The updates required under paragraph (3) of subsection (a) + of section 1694 of such Act to the report required under paragraph + (1) of such subsection. + (9) The notifications required by section 1695 of such Act. + (10) The report required under section 522(g) of the National + Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92). + (c) Conforming Repeal.-- + (1) In general.--Section 1788a of title 10, United States Code, + is amended by striking subsection (d). + (2) Effective date.--The amendment made by paragraph (1) shall + take effect on December 30, 2021. + (d) Requirement for Preparation of Certain Reports to Congress by +Civilian Employees of the Federal Government and Members of the Armed +Forces.-- + (1) Requirement.--Except as expressly otherwise provided in the + provision of law requiring such report, any report submitted to + Congress pursuant to a provision of a national defense + authorization Act that is enacted on or after the date that is + three years after the date of the enactment of this Act shall be + written by civilian employees of the Federal Government, members of + the Armed Forces, or both, and not by contractor employees of the + Federal Government. + (2) Briefing.--Not later than one year after the date of the + enactment of this Act, the Secretary of Defense shall brief the + Committees on Armed Services of the Senate and the House of + Representatives on the actions to be taken to ensure compliance + with the requirement in paragraph (1), including on any impediments + to compliance with the requirement. +SEC. 1703. MODIFICATION OF ANNUAL REPORT ON CIVILIAN CASUALTIES IN +CONNECTION WITH UNITED STATES MILITARY OPERATIONS. + (a) In General.--Section 1057 of the National Defense Authorization +Act for Fiscal Year 2018 (Public Law 115-91), as amended by section +1062 of the John S. McCain National Defense Authorization Act for +Fiscal Year 2019 (Public Law 115-232), is amended-- + (1) in subsection (b)-- + (A) by redesignating paragraphs (5) and (6) as paragraphs + (8) and (9), respectively; and + (B) by striking paragraphs (3) and (4) and inserting the + following new paragraphs: + ``(3) A description of the process by which the Department of + Defense investigates allegations of civilian casualties resulting + from United States military operations, including how the + Department incorporates information from interviews with witnesses, + civilian survivors of United States operations, and public reports + or other nongovernmental sources. + ``(4) A description of-- + ``(A) steps taken by the Department to mitigate harm to + civilians in conducting such operations; and + ``(B) in the case of harm caused by such an operation to a + civilian, any ex gratia payment or other assistance provided to + the civilian or the family of the civilian. + ``(5) A description of any allegations of civilian casualties + made by public or non-governmental sources formally investigated by + the Department of Defense. + ``(6) A description of the general reasons for any + discrepancies between the assessments of the United States and + reporting from nongovernmental organizations regarding non- + combatant deaths resulting from strikes and operations undertaken + by the United States. + ``(7) The definitions of `combatant' and `non-combatant' used + in the preparation of the report, which shall be consistent with + the laws of armed conflict.''; and + (2) in subsection (e), by striking ``five years'' and inserting + ``seven years''. + (b) Classification.--The Law Revision Counsel is directed to place +such section 1057 in a note following section 113 of title 10, United +States Code. +SEC. 1704. EXTENSION OF REQUIREMENT FOR BRIEFINGS ON THE NATIONAL +BIODEFENSE STRATEGY. + Section 1086(d) of the National Defense Authorization Act for +Fiscal year 2017 (Public Law 114-328; 130 Stat. 2423; 6 U.S.C. 104(d)) +is amended by striking ``March 1, 2019'' and inserting ``March 1, +2025''. +SEC. 1705. AUTHORIZATION OF APPROPRIATIONS FOR TITLE III OF THE DEFENSE +PRODUCTION ACT OF 1950. + (a) In General.--Section 711 of the Defense Production Act of 1950 +(50 U.S.C. 4561) is amended by adding at the end the following: ``In +addition to the appropriations authorized by the previous sentence, +there is authorized to be appropriated $117,000,000 for each of fiscal +years 2020 through 2024 to carry out title III.''. + (b) Annual Briefing Required.--Not later than 180 days after the +date of the enactment of this Act, and annually thereafter for five +years, the Secretary of Defense, or the designee of the Secretary, +shall brief the Committee on Financial Services of the House of +Representatives and the Committee on Banking, Housing, and Urban +Affairs of the Senate on activities undertaken in the preceding year +with respect to title III of the Defense Production Act of 1950 (50 +U.S.C. 4531 et seq.). +SEC. 1706. REPORT ON THE DEPARTMENT OF DEFENSE PLAN FOR MASS-CASUALTY +DISASTER RESPONSE OPERATIONS IN THE ARCTIC. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the Department of Defense may be called upon to support the + Coast Guard and other agencies of the Department of Homeland + Security in responding to any mass-casualty disaster response + operations in the Arctic; + (2) coordination between the Department of Defense and the + Coast Guard might be necessary for responding to a mass-casualty + event in the Arctic; and + (3) prior planning for Arctic mass-casualty disaster response + operations will bolster the response of the Federal Government to a + mass-casualty disaster in the Arctic environment. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall, in coordination +with the Secretary of Homeland Security, submit to the appropriate +committees of Congress a report on the plan of the Department of +Defense for assisting mass-casualty disaster response operations in the +Arctic. + (c) Elements.--The report required by subsection (b) shall include the following: - (1) An assessment of the requirements of the ground-based - midcourse defense element of the United States ballistic - missile defense system to meet threats outlined in the 2018 - National Defense Strategy and the 2019 Missile Defense Review. - (2) An assessment of the feasibility of fielding up to 104 - ground-based interceptors as part of such element, including a - description of the additional infrastructure and components - needed to further outfit missile fields at Fort Greely, Alaska. - (3) A cost estimate of such infrastructure and components. - (4) An estimated schedule for completing such construction - as may be required for such infrastructure and components. - (5) An identification of any environmental assessments or - impact studies that would need to be conducted to expand - missile fields at Fort Greely beyond current capacity. - (6) A determination of the appropriate fleet mix of ground- - based interceptor kill vehicles and boosters to maximize - overall system effectiveness and increase its capacity and - capability, including the costs and benefits of continued - inclusion of capability enhancement II block 1 interceptors - after the fielding of the redesigned kill vehicle. - (7) The modernization requirements for the ground-based - midcourse system, including all command and control, ground - systems, sensors and sensor interfaces, boosters and kill - vehicles, and integration of known future systems and - components. - (8) A discussion of the obsolescence of such systems and - components. - (9) The industrial base requirements relating to the - ground-based midcourse system, as determined by the Director of - the Missile Defense Agency. - (10) Such other matters as the Director considers - appropriate. - (c) Form.--The report submitted under subsection (a) shall be -submitted in unclassified form, but may include a classified annex. - -SEC. 1677. SENSE OF THE SENATE ON RECENT MISSILE DEFENSE AGENCY TESTS. - - It is the Sense of the Senate that the Office of the Under -Secretary of Defense for Research and Engineering, the Missile Defense -Agency, the Office of the Director for Operational Test and Evaluation, -the operational test agencies, the military departments, and -warfighters should-- - (1) be strongly commended for a highly successful 2018 - flight test campaign, which consisted of 13 total flight test - events including-- - (A) FTX-35, which successfully proved - interoperability between Terminal High Altitude Area - Defense (THAAD) and the Phased Array Tracking Radar to - Intercept on Target (PATRIOT) to detect and track a - simulated engagement with a short-range ballistic - missile; - (B) Pacific Dragon 2018, which successfully - demonstrated joint ballistic missile defense - interoperability with Japan and Korea to engage a - short-range ballistic missile with a Standard Missile 3 - (SM-3) Block IB by a Japanese ship and an Aegis Ashore - site; - (C) JFTM-5, which successfully demonstrated the - intercept of an short-range ballistic missile with a - Standard Missile 3 Block IB threat upgrade from a - Japanese ship; - (D) FTM-45, which successfully demonstrated the - intercept of a medium-range ballistic missile with a - Standard Missile 3 Block IIA from a United States ship; - and - (E) FTI-03, which as a part of the operational test - of the European Phased Adaptive Approach (EPAA) Phase 3 - architecture, successfully demonstrated the intercept - of an intermediate-range ballistic missile using the - Aegis Weapon System's Engage-on-Remote capability; and - (2) be especially recognized for the success of FTG-11, the - first salvo test of the United States of the Ground-based - Midcourse Defense system, during which two ground-based - interceptors were launched nearly simultaneously from the same - location and successfully intercepted the kill vehicle of a - threat-representative intercontinental ballistic missile - target, and then the next most lethal object. - -SEC. 1678. SENSE OF THE SENATE ON MISSILE DEFENSE TECHNOLOGY - DEVELOPMENT PRIORITIES. - - It is the sense of the Senate that-- - (1) the 2019 Missile Defense Review articulates a - comprehensive approach to preventing and defeating the rapidly - expanding offensive missile threat through a combination of - deterrence, active and passive missile defense, and attack - operations; - (2) to counter the expanding offense missile capabilities - of potential adversaries and hedge against unanticipated - missile threats, the Secretary of Defense should aggressively - pursue new missile defense capabilities and examine concepts - and technologies for advanced missile defense systems; - (3) the Secretary should fully implement the 2019 Missile - Defense Review's focus on increasing investments in and - deploying new technologies and concepts; and - (4) the Secretary should work to ensure that all missile - defense systems are more survivable, including through-- - (A) more distributed air and missile defense - operations; and - (B) improved camouflage, concealment, and - deception, including emission control. - -SEC. 1679. PUBLICATION OF ENVIRONMENTAL IMPACT STATEMENT PREPARED FOR - CERTAIN POTENTIAL FUTURE MISSILE DEFENSE SITES. - - The Secretary of Defense shall make available to the public the -environmental impact statement prepared pursuant to section 227(b) of -the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. -1679; Public Law 112-239). - - Subtitle F--Other Matters - -SEC. 1681. MATTERS RELATING TO MILITARY OPERATIONS IN THE INFORMATION - ENVIRONMENT. - - (a) Affirming the Authority of the Secretary of Defense to Conduct -Military Operations in the Information Environment.-- - (1) In general.--Chapter 19 of title 10, United States - Code, is amended by adding at the end the following new - section: -``Sec. 397. Military operations in the information environment - ``(a) Affirmation of Authority.--(1) Congress affirms that the -Secretary of Defense is authorized to conduct military operations, -including clandestine operations, in the information environment to -defend the United States, allies of the United States, and interests of -the United States, including in response to malicious influence -activities carried out against the United States or a United States -person by a foreign power. - ``(2) The military operations referred to in paragraph (1), when -appropriately authorized include the conduct of military operations -short of hostilities and in areas outside of areas of active -hostilities for the purpose of preparation of the environment, -influence, force protection, and deterrence of hostilities. - ``(b) Treatment of Clandestine Military Operations in the -Information Environment as Traditional Military Activities.--A -clandestine military operation in the information environment shall be -considered a traditional military activity for the purposes of section -503(e)(2) of the National Security Act of 1947 (50 U.S.C. 3093(e)(2)). - ``(c) Quarterly Information Operations Briefings.--(1) Not less -frequently than once each quarter, the Secretary of Defense shall -provide the congressional defense committees a briefing on significant -military operations, including all clandestine operations in the -information environment, carried out by the Department of Defense -during the immediately preceding quarter. - ``(2) Each briefing under subsection (1) shall include, with -respect to the military operations in the information environment -described in such paragraph, the following: - ``(A) An update, disaggregated by geographic and functional - command, that describes the operations carried out by the - commands. - ``(B) An overview of authorities and legal issues - applicable to the operations, including any relevant legal - limitations. - ``(C) An outline of any interagency activities and - initiatives relating to the operations. - ``(D) Such other matters as the Secretary considers + (1) A description of the assets that could be made available to + support other agencies and departments of the Federal Government + for mass-casualty disaster response operations in the Arctic. + (2) A description and assessment of the command, control, and + coordination relationships that would be useful to integrate rescue + forces for such operations from multiple agencies and departments + of the Federal Government. + (3) A description and assessment of the communications assets + that could be made available in support of other agencies and + departments of the Federal Government for communication and + coordination in such operations. + (4) A description of any cooperative arrangements with Canada + and other regional partners in providing rescue assets and + infrastructure in connection with such operations. + (5) A description of available medical infrastructure and + assets that could be made available in support of other agencies + and departments of the Federal Government for aeromedical + evacuation in connection with such operations. + (6) A description of available shelter locations that could be + made available in support of other agencies and departments of the + Federal Government for use in connection with such operations, + including the number of people that can be sheltered per location. + (7) An assessment of logistical challenges that evacuations + from the Arctic in connection with such operations entail, + including potential rotary and fixed-wing aircraft trans-load + locations and onward movement requirements. + (d) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on Homeland + Security and Governmental Affairs, and the Committee on + Appropriations of the Senate; and + (2) the Committee on Armed Services, the Committee on Homeland + Security, and the Committee on Appropriations of the House of + Representatives. +SEC. 1707. TRANSMITTAL TO CONGRESS OF REQUESTS FOR ASSISTANCE FROM +OTHER DEPARTMENTS OF THE FEDERAL GOVERNMENT THAT ARE APPROVED BY THE +DEPARTMENT OF DEFENSE. + (a) Requests Following Approval.--Not later than seven calendar +days after the Department of Defense approves a Request for Assistance +from the Department of Homeland Security or the Department of Health +and Human Services, the Secretary of Defense shall electronically +transmit to the Committees on Armed Services of the Senate and the +House of Representatives a copy of such Request for Assistance. + (b) Official Responses to Approved Requests.--At the same time the +Secretary of Defense submits to the Secretary of Homeland Security or +the Secretary of Health and Human Services an official response of the +Department of Defense approving a Request for Assistance from the +Department of Homeland Security or the Department of Health and Human +Services, as applicable, the Secretary of Defense shall electronically +transmit to the Committees on Armed Services of the Senate and the +House of Representatives a copy of such official response. +SEC. 1708. REPORT AND BRIEFING ON IMPLEMENTATION OF NATIONAL DEFENSE +STRATEGY. + (a) Report and Briefing.--In addition to the assessment required +under section 113(g)(1)(F) of title 10, United States Code, by not +later than April 30, 2020, the Secretary of Defense shall submit to the +congressional defense committees a report, and provide an accompanying +briefing, on the implementation of the national defense strategy +required under section 113(g) of title 10, United States Code. Such +report and briefing shall include each of the following: + (1) An explanation of the joint operational concepts to deter + and, if necessary, to defeat strategic competitors, including-- + (A) an evaluation of the risks associated with the + employment of such joint operational concepts; + (B) the ways of adapting innovative joint operational + concepts to strategically significant scenarios; + (C) the ways that such joint operational concepts address + operational challenges to achieve advantages against strategic + competitors in the nuclear, space, and cyber domains; and + (D) the employment of the force in peacetime to dissuade + strategic competitors from conducting malign activities below + the threshold of open warfare, including an evaluation of the + use of Dynamic Force Employment and the Global Operating Model. + (2) The force posture changes and the United States defense + investments required to implement the national defense strategy. + (3) Adjustments to research and development projects and + programs of record, including any additions, deletions, or + modifications intended to align force management, including Joint + Force development and design, required to implement the national + defense strategy. + (4) An assessment of the personnel and organizational changes + required to implement the national defense strategy. + (5) The resources and defense investments necessary to support + the operational concepts and their implementation. + (b) Independent Studies.-- + (1) Studies required.-- + (A) In general.--The Secretary of Defense shall provide for + the performance of two independent studies on the development + of joint operational concepts within the Department of Defense + in accordance with this subsection. + (B) Submittal to congress.--Not later than October 1, 2020, + the Secretary shall submit to the congressional defense + committees the results of each study required under + subparagraph (A). + (C) Form.--Each study required under subparagraph (A) shall + be submitted in unclassified form, but may include a classified + annex. + (2) Entities to perform studies.--The Secretary shall provide + for the studies under paragraph (1) to be performed as follows: + (A) One study shall be performed by a federally funded + research and development center. + (B) One study shall be performed by an independent, non- + governmental institute, which is described in section 501(c)(3) + of the Internal Revenue Code of 1986 and which is exempt from + taxation under section 501(a) of such Code, and which has + recognized credentials and expertise in national security and + military affairs. + (3) Performance of studies.-- + (A) Independent performance.--The Secretary shall require + the studies required under this subsection to be conducted + independently of one another. + (B) Matters to be considered.--In performing a study under + this subsection, the organization performing the study shall + consider the following matters: + (i) An assessment of the Department of Defense Capstone + Concept of Joint Operations process to define, develop, and + improve joint operational concepts. + (ii) An evaluation of how the Department is validating + new joint operational concepts through experimentation and + military exercises. + (iii) The effectiveness of joint operational concepts + to accomplish the objective of deterring and defeating + strategic competitors, including an evaluation of the risks + associated with each joint operational concept. + (iv) The ability of joint operational concepts to + promote or to effectuate strategic objectives, defense + policies, and budgetary priorities. + (v) Recommendations to alter or improve joint + operational concepts. + (vi) Such other matters as the Secretary of Defense + determines to be appropriate. +SEC. 1709. ACTIONS TO INCREASE ANALYTIC SUPPORT. + (a) In General.--The Secretary of Defense shall direct the Under +Secretary of Defense for Policy, the Director of the Joint Staff, and +the Director of Cost Assessment and Program Evaluation, in consultation +with the Secretary of each of the military services, to jointly develop +and implement a plan to strengthen the analytic capabilities, +expertise, and processes necessary to implement the national defense +strategy, as required under section 113(g) of title 10, United States +Code. + (b) Elements.--The plan under subsection (a) shall include-- + (1) an assessment of the decision support capability of the + Department of Defense to support decision-making, specifically the + analytic expertise available to inform senior leader decisions that + link national defense strategy objectives with approaches to + competing effectively across the full spectrum of engagement + against strategic competitors; + (2) an analytic approach to force structure development, + including an assessment of the major elements, products, and + milestones of the force planning process of the Department; + (3) the conclusions and recommendations of the Defense Planning + and Analysis Community initiative; + (4) the progress of the Department in implementing the + recommendations of the Comptroller General of the United States set + forth in Government Accountability Office Report (GAO-19-40C); + (5) the progress of the Under Secretary, the Chairman of the + Joint Chiefs of Staff, and the Director of Cost Assessment and + Program Evaluation in implementing paragraph (5) of section 134(b) + of title 10, United States Code, as added by section 902(b) of the + John S. McCain National Defense Authorization Act for Fiscal Year + 2019 (Public Law 115-232); and + (6) such other matters as the Secretary of Defense determines + to be appropriate. + (c) Briefing Required.--Not later than March 1, 2020, the Secretary +of Defense shall provide to the congressional defense committees a +briefing on the plan under subsection (a). +SEC. 1710. INCLUSION OF CERTAIN INDIVIDUALS INVESTIGATED BY INSPECTORS +GENERAL IN THE SEMIANNUAL REPORT. + Section 5(a)(19) of the Inspector General Act of 1978 (Public Law +95-452; 5 U.S.C. App.) is amended by inserting ``the name of the senior +government official (as defined by the department or agency) if already +made public by the Office, and'' after ``including''. +SEC. 1711. ANNUAL REPORT ON JOINT MILITARY INFORMATION SUPPORT +OPERATIONS WEB OPERATIONS CENTER. + (a) In General.--Not later than March 1 of 2020, and each +subsequent year until the termination date specified in subsection (c), +the Assistant Secretary of Defense for Special Operations and Low- +Intensity Conflict and the Commander of United States Special +Operations Command shall jointly submit to the congressional defense +committees a report on the activities of the Joint Military Information +Support Operations Web Operations Center (hereinafter referred to as +the ``JMWC'') during the most recently concluded fiscal year. + (b) Elements.--The report required by subsection (a) shall include +each of the following, for the fiscal year covered by the report: + (1) Definitions of initial operating capability and full + operational capability as such terms relate to the JMWC. + (2) A detailed description of all activities conducted or + planned to be conducted toward achieving initial operating + capability and full operational capability of the JMWC. + (3) A list of all associated funding requested for each program + element for achieving initial operating capability and full + operational capability. + (4) A detailed description of validated doctrine, organization, + training, materiel, leadership and education, personnel, + facilities, and policy requirements relating to establishment and + operation of the JMWC. + (5) A description of current JMWC capabilities, including + information technology infrastructure and contractual arrangements. + (6) A list of all physical locations hosting JMWC capabilities. + (7) The number of military, contractor, and civilian personnel + associated with the JMWC and any affiliated agency, service, or + other Department of Defense entity. + (8) A description of the JMWC personnel organizational + structure. + (9) An identification of inherently governmental functions + relating to administration of the JMWC and execution of Military + Information Support Operations (hereinafter referred to as + ``MISO)'' programs enabled by the JMWC. + (10) A detailed description of frameworks, metrics, and + capabilities to measure the effectiveness of MISO programs enabled + by the JMWC. + (11) A list of all associated funding requested by program + element from each of the geographic combatant commanders for MISO + programs enabled by the JMWC and a description of such MISO + activities. + (12) An assessment of the effectiveness of MISO programs + enabled by the JMWC. + (13) A description of efforts and activities conducted to share + best practices and leverage lessons learned across the Department + of Defense relating to MISO programs enabled by the JMWC, as well + as a description of such best practices and lessons learned. + (14) An identification of liaisons and detailees to the JMWC + from agencies and elements of the Department of Defense and other + elements of the Federal Government. + (15) Activities and efforts conducted to synchronize and + deconflict MISO programs within the Department of Defense and with + interagency and international partners related to strategic + communications, as appropriate. + (16) Such other information as the Assistant Secretary and the + Commander determine appropriate. + (c) Termination.--The requirement to submit a report under this +section shall terminate on January 1, 2025. +SEC. 1712. MOBILITY CAPABILITY REQUIREMENTS STUDY. + (a) In General.--The Commander of the United States Transportation +Command, in coordination with the Chairman of the Joint Chiefs of +Staff, the Secretaries of the military departments, and the commanders +of the combatant commands, shall conduct a study of the end-to-end, +full-spectrum mobility requirements to fulfill the national defense +strategy required by section 113(g) of title 10, United States Code, +for 2018. Such study shall be completed not later than January 1, 2021. + (b) Elements of Study.--The study required under subsection (a) +shall include each of the following: + (1) An assessment of the ability of the programmed airlift + aircraft, tanker aircraft, sealift ships, and key mobility enablers + to meet the integrated mobility requirements in expected strategic + environments, as defined by the guidance in such national defense + strategy. + (2) An identification, quantification, and description of the + associated risk-to-mission (as defined by Chairman of the Joint + Chiefs of Staff Manual 3105.01, Joint Risk Analysis) required to + fulfill such strategy, including-- + (A) as assessment of risk-to-mission associated with + achieving strategic and operational objectives using the + programmed airlift aircraft, tanker aircraft, sealift ships, + and key mobility enablers; and + (B) a description of the combinations of airlift aircraft, + tanker aircraft, sealift ships, and key mobility enabler + requirements and capabilities that provide low, moderate, + significant, and high levels of risk-to-mission to fulfill such + strategy. + (3) An identification of any mobility capability gaps, + shortfalls, overlaps, or excesses, including-- + (A) an assessment of associated risks with respect to the + ability to conduct operations; and + (B) recommended mitigation strategies where possible. + (4) The articulation of all key assumptions and decisions made + and excursions examined in conducting the study with respect to-- + (A) risk; + (B) programmed forces and infrastructure; + (C) the availability of commercial airlift and commercial + United States sealift capabilities and resources, when + applicable; + (D) aircraft usage rates, aircraft mission availability + rates, aircraft mission capability rates, aircrew ratios, + aircrew production, and aircrew readiness rates; + (E) readiness, crewing, and activation rates for sealift + ships; + (F) prepositioning, forward stationing, seabasing, + engineering, and infrastructure; + (G) demand signals used to represent missions described in + the national defense strategy for 2018, in competition and + wartime; + (H) concurrency and global integration of demand signals; + (I) integrated global presence and basing strategy; + (J) host nation or third-country support; + (K) adversary actions to degrade and disrupt United States + mobility operations; + (L) adversary actions that threaten freedom of navigation + on international waterways, including attacks on foreign ships + and crews; + (M) aircraft being used for training or undergoing depot + maintenance or modernization or ships undergoing depot + maintenance; + (N) mobility enabling forces availability, readiness, and + use; + (O) logistics concept of operations, including any support + concepts, methods, combat support forces, and combat service + support forces, that are required to enable the projection and + enduring support to forces both deployed and in combat for each + analytic scenario; + (P) anticipated attrition rates for the assessed force + structure; and + (Q) such other matters as the Commander determines appropriate. - ``(d) Rule of Construction.--Nothing in this section shall be -construed to limit, expand, or otherwise alter the authority of the -Secretary to conduct military operations, including clandestine -operations, in the information environment, to authorize specific -military operations, or to limit, expand, or otherwise alter or -otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.) or -an authorization for use of military force that was in effect on the -day before the date of the enactment of this Act. - ``(e) Definitions.--In this section: - ``(1) The terms `foreign person' and `United States person' - have the meanings given such terms in section 101 of the - Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). - ``(2) The term `hostilities' has the same meaning as such - term is used in the War Powers Resolution (50 U.S.C. 1541 et - seq.). - ``(3) The term `clandestine military operation in the - information environment' means an operation or activity, or - associated preparatory actions, authorized by the President or - the Secretary of Defense, that-- - ``(A) is marked by, held in, or conducted with - secrecy, where the intent is that the operation or - activity will not be apparent or acknowledged publicly; - and - ``(B) is to be carried out-- - ``(i) as part of a military operation plan - approved by the President or the Secretary of - Defense; - ``(ii) to deter, safeguard, or defend - against attacks or malicious influence - activities against the United States, allies of - the United States, and interests of the United - States; or - ``(iii) in support of hostilities or - military operations involving the United States - armed forces; or - ``(iv) in support of military operations - short of hostilities and in areas where - hostilities are not occurring for the purpose - of preparation of the environment, influence, - force protection, and deterrence.''. - (2) Clerical amendments.-- - (A) Chapter 19.-- - (i) Chapter heading.--The heading of - chapter 19 of such title is amended to read as - follows: - - ``CHAPTER 19--CYBER AND INFORMATION OPERATIONS MATTERS''. - - (ii) Table of sections.--The table of - sections at the beginning of chapter 19 of such - title is amended by inserting at the end the - following new item: - -``397. Military operations in the information environment.''. - (B) Table of chapters.--The table of chapters for - part I of subtitle A of such title is amended by - striking the item relating to chapter 19 and inserting - the following new item: - -``19. Cyber and Information Operations Matters.............. 391''. - (b) Principal Information Operations Advisor.-- - (1) Designation.--The Secretary of Defense shall designate, - from among officials appointed to a position in the Department - of Defense by and with the advice and consent of the Senate, a - Principal Information Operations Advisor to act as the - principal advisor to the Secretary on all aspects of - information operations conducted by the Department. - (2) Responsibilities.--The Principal Information Operations - Advisor shall have the following responsibilities: - (A) Oversight of policy, strategy, planning, - resource management, operational considerations, - personnel, and technology development across all the - elements of information operations of the Department. - (B) Overall integration and supervision of the - deterrence of, conduct of, and defense against - information operations. - (C) Promulgation of policies to ensure adequate - coordination and deconfliction with the Department of - State, the intelligence community (as defined in - section 3 of the National Security Act of 1947 (50 - U.S.C. 3003)), and other relevant agencies and - departments of the Federal Government. - (D) Coordination with the head of the Global - Engagement Center to support the purpose of the Center - (as set forth by section 1287(a)(2) of the National - Defense Authorization Act for Fiscal Year 2017 (Public - Law 114-328; 22 U.S.C. 2656 note)) and liaison with the - Center and other relevant Federal Government entities - to support such purpose. - (E) Establishing and supervising a rigorous risk - management process to mitigate the risk of potential - exposure of United States Persons to information - intended exclusively for foreign audiences. - (F) Development of guidance for, and promotion of, - the capability of the Department to liaison with the - private sector and academia on matters relating to the - influence activities of malign actors. - (G) Such other matters relating to information - operations as the Secretary shall specify for purposes - of this subsection. - (c) Cross-functional Team.-- - (1) Establishment.--The Principal Information Operations - Advisor shall integrate the expertise in all elements of - information operations and perspectives of appropriate - organizations within the Office of the Secretary of Defense, - Joint Staff, military departments, Defense Agencies, and - combatant commands by establishing and maintaining a full-time - cross-functional team composed of subject-matter experts - selected from those organizations. - (2) Selection and organization.--The cross-functional team - established under paragraph (1) shall be selected, organized, - and managed in a manner consistent with section 911 of the - National Defense Authorization Act for Fiscal Year 2017 (Public - Law 114-328; 10 U.S.C. 111 note). - (d) Designation of Coordinating Authority.-- - (1) Designation.--The Secretary of Defense shall designate - United States Special Operations Command as the coordinating - authority for information operations of the Department. - (2) Responsibilities.--The combatant command designated - under paragraph (1) shall be responsible for the following: - (A) Synchronizing the Department's information - operations plans and operations across combatant - commands. - (B) Acting as the joint proponent for information - operations capabilities. - (e) Strategy and Posture Review.-- - (1) Strategy and posture review required.--The Secretary of - Defense, acting through the Principal Information Operations - Advisor and the cross-functional team established under - subsection (c)(1), shall-- - (A) develop or update, as appropriate, a strategy - for operations in the information environment; and - (B) conduct an information operations posture - review, including an analysis of capability gaps that - inhibit the Department's ability to successfully - execute the strategy developed or updated pursuant to - subparagraph (A). - (2) Elements.--At a minimum, the strategy developed or - updated pursuant to paragraph (1)(A) shall include the - following: - (A) The establishment of lines of effort, - objectives, and tasks that are necessary to implement - the strategy and eliminate the gaps identified under - paragraph (1)(B). - (B) Designation of offices of primary - responsibility for implementing and achieving the tasks - as set forth in the strategy. - -SEC. 1682. EXTENSION OF AUTHORIZATION FOR PROTECTION OF CERTAIN - FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT. - - Section 130i(i) of title 10, United States Code, is amended by -striking ``2020'' both places it appears and inserting ``2024''. - -SEC. 1683. HARD AND DEEPLY BURIED TARGETS. - - (a) Report Required.-- - (1) In general.--Not later than December 1, 2019, the - Chairman of the Joint Chiefs of Staff shall, in consultation - with the Commander of the United States Strategic Command, - submit to the congressional defense committees a classified - report on hard and deeply buried targets. - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) An estimate of the total number of high-value - hard and deeply buried targets associated with Unites - States military operations plans. - (B) A description of the contents, functions, and - hardening characteristics of the targets described in - subparagraph (A), as well as their level of protection - by anti-access and area denial capabilities. - (C) An assessment of the current ability of the - United States to hold such targets at risk using - existing conventional and nuclear capabilities. - (D) An assessment of the potential ability of the - United States to hold such targets at risk using - projected conventional and nuclear capabilities as of - 2030. - (b) Plan.--Not later than February 15, 2020, the Secretary of -Defense shall develop a plan to ensure that the United States possesses -by 2025 the capabilities to pose a credible deterrent threat against -targets described in the report required by subsection (a). - (c) Certification.--Not later than March 1, 2020, and annually -thereafter, the Secretary shall certify to the congressional defense -committees that the plan required by subsection (b) is being -implemented in accordance with the 2025 deadline specified in that -subsection. - - DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS - -SEC. 2001. SHORT TITLE. - - This division may be cited as the ``Military Construction -Authorization Act for Fiscal Year 2020''. - -SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE - SPECIFIED BY LAW. + (5) Such other elements as the Commander determines + appropriate. + (c) Reports and Briefings.-- + (1) Interim report and briefing.--Not later than June 1, 2020, + the Commander of the United States Transportation Command, in + coordination with the Chairman of the Joint Chiefs of Staff, the + Secretaries of the military departments, and the commanders of the + combatant commands, shall-- + (A) submit to the congressional defense committees an + interim report on the study; and + (B) provide to such committees a briefing on the report. + (2) Final report and briefing.--Not later than January 1, 2021, + the Commander of the United States Transportation Command, in + coordination with the Chairman of the Joint Chiefs of Staff, the + Secretaries of the military departments, and the commanders of the + combatant commands, shall-- + (A) submit to the congressional defense committees a final + report on the study; and + (B) provide to such committees a briefing on the report. + (3) Form of reports.--The reports required by paragraphs (1) + and (2) shall be submitted in unclassified form, but may include a + classified annex. + (d) Definition of Sealift Ship.--In this section, the term +``sealift ship'' includes surge sealift vessels, tanker vessels, and +non-governmental vessels incorporated as part of the maritime logistics +enterprise. +SEC. 1713. ASSESSMENT OF SPECIAL OPERATIONS FORCE STRUCTURE. + (a) Assessment.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of Defense shall seek to enter +into an agreement with a federally funded research and development +center for the conduct of an independent assessment of the force +structure and roles and responsibilities of special operations forces. + (b) Matters to Be Considered.--In performing the assessment under +this section, the federally funded research and development center +shall consider the following matters: + (1) The most recent national defense strategy under section + 113(g) of title 10, United States Code. + (2) Special operations activities, as described in section + 167(k) of title 10, United States Code. + (3) Potential future national security threats to the United + States. + (4) Ongoing counterterrorism and contingency operations of the + United States. + (5) The demand for special operations forces by geographic + combatant commanders for security cooperation, exercises, and other + missions that could be executed by conventional forces. + (6) Other government and non-government analyses that would + contribute to the assessment through variations in study + assumptions or potential scenarios. + (7) The role of emerging technology on special operations + forces. + (8) Opportunities for reduced operation and sustainment costs + of special operations. + (9) Current and projected capabilities of other United States + Armed Forces that could affect force structure capability and + capacity requirements of special operations forces. + (10) The process by which United States Special Operations + Command determines force size and structure. + (11) The size, composition, and organizational structure of + United States Special Operations Command headquarters and + subordinate headquarters elements. + (12) The readiness of special operations forces for assigned + missions and future conflicts. + (13) The adequacy of special operations force structure for + meeting the goals of the National Military Strategy under section + 153(b) of title 10, United States Code. + (14) Any other matters deemed relevant. + (c) Assessment Results.--The results of the assessment under this +section shall include each of the following: + (1) Considerations and recommendations for improving the + readiness of special operations forces. + (2) Alternative headquarters and force structure options to + reduce administrative costs and enhance operational effectiveness. + (3) Legislative recommendations with respect to section 167 of + title 10, United States Code, and other relevant provisions of law. + (d) Submission to Congress.--Not later than July 1, 2020, the +Secretary shall submit to the congressional defense committees an +unaltered copy of the assessment required under subsection (a) together +with the views of the Assistant Secretary of Defense for Special +Operations and Low-Intensity Conflict and the Commander of United +States Special Operations Command on the assessment and the +recommendations included in the assessment. +SEC. 1714. ARMY AVIATION STRATEGIC PLAN AND MODERNIZATION ROADMAP. + (a) Strategic Plan and Modernization Roadmap.-- + (1) In general.--The Secretary of the Army shall develop a + comprehensive strategic plan for Army aviation, which shall-- + (A) ensure the alignment between requirements, both current + and future, and Army budget submissions to meet such + requirements; and + (B) inform the preparation of future defense program and + budget requests by the Secretary, and the consideration of such + requests by Congress. + (2) Elements.--The plan required by paragraph (1) shall include + the following: + (A) An assessment of all missions for Army aviation, both + current missions and those missions necessary to support the + national defense strategy and the U.S. Army in Multi-Domain + Operations 2028 concept. + (B) An analysis of platforms, capabilities, and capacities + necessary to fulfill such current and future Army aviation + missions. + (C) The anticipated life cycle budget associated with each + platform, capability, and capacity requirement for both current + and future requirements. + (D) An analysis showing operational, budget, and schedule + trade-offs between sustainment of currently fielded + capabilities, modernization of currently fielded capabilities, + and development and production of new capabilities. + (b) Report to Congress.--Not later than March 30, 2020, the +Secretary of the Army shall submit to the congressional defense +committees a report containing-- + (1) the comprehensive strategic plan required by subsection + (a); and + (2) a sustainment and modernization plan for carrying out such + strategic plan through fiscal year 2028. +SEC. 1715. REPORT ON GROUND-BASED LONG-RANGE ARTILLERY TO COUNTER LAND +AND MARITIME THREATS. + (a) In General.--Not later than March 1, 2020, the Secretary of +Defense shall submit to the Committees on Armed Services of the Senate +and House of Representatives a report on the efforts by the Army and +Marine Corps to develop and deploy ground-based long-range rocket and +cannon artillery to counter land and maritime threats. + (b) Elements.--The report required by subsection (a) shall include +each of the following: + (1) An assessment of ongoing and future Army and Marine Corps + efforts to develop and deploy ground-based long-range rocket and + cannon artillery to counter land and maritime fires in the areas of + operations of United States Indo-Pacific Command and United States + European Command. + (2) An assessment of and recommendations for how the Department + of Defense can improve the development and deployment of such + artillery. + (3) An analysis, assessment, and determination of how such + artillery employed in support of the United States and allied + forces will be stationed, deployed, operationally positioned, and + controlled to operate effectively against potential adversaries + throughout the depth of their tactical, operational, and strategic + formations, including any recommendations of the Secretary + regarding how such capabilities and support could be enhanced. + (c) Form of Report.--The report required by subsection (a) shall be +submitted in unclassified form, but may contain a classified annex. +SEC. 1716. INDEPENDENT REVIEW OF TRANSPORTATION WORKING-CAPITAL FUND. + (a) In General.--Not later than 30 days after the date of the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretary of each of the military departments, shall enter into a +contract with a federally funded research and development center for +the conduct of an independent review of the transportation working- +capital fund (hereinafter referred to as the ``TWCF'') of the United +States Transportation Command. + (b) Matters for Inclusion.--The review conducted under subsection +(a) shall include each of the following: + (1) The viability of the TWCF as it is structured as of the + date of the enactment of this Act. + (2) An assessment of any instances in which excess TWCF funds + were used for procurement or modernization efforts that would not + otherwise have been funded using amounts made available for + operation and maintenance. + (3) Recommendations for how the TWCF could be restructured in + order to make the fund more effective and efficient. + (4) Potential alternative funding mechanisms for certain + components of the TWCF, including the channel system. + (5) Any other matters the Secretaries jointly determine + appropriate. + (c) Report.--Not later than March 1, 2021, the Secretary of Defense +and the Secretary of each of the military departments shall jointly +submit the to the congressional defense committees a copy of the review +conducted under subsection (a). +SEC. 1717. GEOGRAPHIC COMMAND RISK ASSESSMENT OF PROPOSED USE OF +CERTAIN AIRCRAFT CAPABILITIES. + (a) In General.--Not later than March 31, 2020, each commander of a +geographic combatant command shall submit to the congressional defense +committees a report containing an assessment of the level of +operational risk to that command posed by the plans of the Department +of the Navy and Department of the Air Force to provide a mix of fifth +generation and advanced fourth generation tactical aircraft +capabilities to meet near-, mid-, and far-term contingency and steady- +state operational requirements against adversaries in support of the +objectives of the 2018 national defense strategy. + (b) Assessment of Risk.--In assessing levels of operational risk +under subsection (a), a commander shall use the military risk matrix of +the Chairman of the Joint Chiefs of Staff, as described in CJCS +Instruction 3401.01E. + (c) Geographic Combatant Command.--In this section, the term +``geographic combatant command'' means each of the following: + (1) United States European Command. + (2) United States Indo-Pacific Command. + (3) United States Africa Command. + (4) United States Southern Command. + (5) United States Northern Command. + (6) United States Central Command. +SEC. 1718. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE +ADJUDICATIONS. + (a) In General.--Not later than 120 days after the date of the +enactment of this Act, and quarterly thereafter for three years, the +Security Executive Agent, in coordination with members of the +Performance Accountability Council established pursuant to Executive +Order 13467, shall submit to Congress a report on the backlog of +personnel security clearance adjudications conducted by all Government +agencies that adjudicate decisions for security clearances. Such report +shall include-- + (1) the size of the backlog of personnel security clearance + adjudications, by agency, for the fiscal quarter preceding the + quarter during which the report is submitted; + (2) the average length of time, for each security clearance + sensitivity level, to carry out an initial adjudication and an + adjudication following a periodic reinvestigation, by agency; + (3) the number of cases referred to the Consolidated + Adjudication Facility of the Department of Defense; + (4) the number of initial investigations adjudicated by the + Consolidated Adjudication Facility; + (5) the number of periodic reinvestigations adjudicated by the + Consolidated Adjudication Facility; + (6) the number of cases adjudicated by the Consolidated + Adjudication Facility stemming from participation in a continuous + evaluation program; + (7) the number of personnel enrolled in a continuous evaluation + program as opposed to subject to a periodic reinvestigation; + (8) the number of adjudicators by agency; and + (9) a backlog mitigation plan, which shall include-- + (A) the identification of the cause of, and recommendations + to remedy, the adjudication backlog at Federal agencies; and + (B) the steps the Security Executive Agent, established + pursuant to Executive Order 13467, shall take to reduce the + adjudication backlog. + (b) Public Availability.--Each report required under subsection (a) +shall be made publicly available. +SEC. 1719. REPORT REGARDING OUTSTANDING GOVERNMENT ACCOUNTABILITY +OFFICE RECOMMENDATIONS. + Not later than September 30, 2020, the Secretary of Defense shall +submit to the congressional defense committees a report that includes-- + (1) a list of the priority recommendations identified by the + Comptroller General of the United States regarding matters of the + Department of Defense that the Secretary has not implemented due to + funding limitations. + (2) the estimated cost associated with implementing such + recommendations. +SEC. 1720. 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. +SEC. 1721. ASSESSMENT OF STANDARDS, PROCESSES, PROCEDURES, AND POLICY +RELATING TO CIVILIAN CASUALTIES. + (a) Assessment.--The Secretary of Defense shall seek to enter into +an agreement with a federally funded research and development center +for the conduct of an independent assessment of Department of Defense +standards, processes, procedures, and policy relating to civilian +casualties resulting from United States military operations. + (b) Matters To Be Considered.--In conducting the assessment under +this section, the federally funded research and development center +shall consider the following matters: + (1) Department of Defense policy relating to civilian + casualties resulting from United States military operations. + (2) Standards, processes, and procedures for internal + assessments and investigations of civilian casualties resulting + from United States military operations. + (3) Standards, processes, and procedures for identifying, + assessing, investigating, and responding to reports of civilian + casualties resulting from United States military operations from + the public and non-governmental entities and sources. + (4) Combatant command resourcing and organizational constructs + for assessing and investigating civilian casualties resulting from + United States military operations. + (5) Mechanisms for public and non-governmental entities to + report civilian casualties that may have resulted from United + States military operations to the Department of Defense. + (6) Standards and processes for accurately recording kinetic + strikes, including raids, strikes, and other missions, and civilian + casualties resulting from United States military operations. + (7) An analysis of general reasons for any disparity between + third party public estimates and official United States Government + estimates of civilian casualties resulting from United States or + joint military operations. + (8) The standardization of dissemination and + institutionalization across the Department of Defense and the + combatant commands of lessons learned from United States military + operations as a means of reducing the likelihood of civilian + casualties from United States military operations. + (9) Any other matters the Secretary of Defense determines + appropriate. + (c) Recommendations for Improvements.--The results of the +assessment under this section shall include recommendations for +improvements to standards, processes, procedures, policy, and +organizational constructs relating to civilian casualties resulting +from United States military operations. + (d) Submission of Report.-- + (1) In general.--Not later than July 1, 2020, the Secretary of + Defense shall submit to the congressional defense committees a + report setting forth an unaltered copy of the assessment under this + section, together with the views of the Secretary on the assessment + and on the recommendations included pursuant to subsection (c). + (2) Form of report.--The report under paragraph (1) shall be + submitted in unclassified form, but may contain a classified annex. + (3) Public availability.--The Secretary shall make the + unclassified form of the report under paragraph (1) available to + the public. +SEC. 1722. REPORT ON TRANSFERS OF EQUIPMENT TO PROHIBITED ENTITIES. + (a) Annual Report.--Not later than March 1, 2021, and each +subsequent year through 2025, the Secretary of Defense, in coordination +with the Secretary of State, shall submit to the appropriate committees +of Congress a report on the transfer of defense articles during the +year preceding the year during which the report is submitted to any of +the following: + (1) Any security force unit that has committed a gross + violation of human rights in violation of section 362 of title 10, + United States Code, or section 620M of the Foreign Assistance Act + of 1961 (22 U.S.C. 2378d). + (2) Any group or organization prohibited by law from receiving + assistance from the United States. + (b) Matters to Be Included.--The report required by subsection (a) +shall include the following: + (1) A description of any confirmed instance in which the + government of a foreign state that has received defense articles + pursuant to a Department of Defense assistance authority + subsequently transferred any such articles to a unit of that + foreign state that is prohibited from receiving assistance from the + United States by reason of a determination by the Secretary of + Defense or the Secretary of State that there is credible evidence + that such unit has committed a gross violation of human rights. + (2) A description of any instance, confirmed or under + investigation, in which the government of a foreign state that has + received defense articles pursuant to a Department of Defense + assistance authority subsequently transferred any such articles to + a group or organization that is prohibited by law from receiving + assistance from the United States. + (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. +SEC. 1723. ANNUAL REPORT ON STRIKES UNDERTAKEN BY THE UNITED STATES +AGAINST TERRORIST TARGETS OUTSIDE AREAS OF ACTIVE HOSTILITIES. + (a) Annual Report.--Not later than May 1 2020, and annually +thereafter until 2022, the Director of National Intelligence and the +Secretary of Defense shall jointly submit to Congress a report on the +number of strikes undertaken by the United States against terrorist +targets outside areas of active hostilities during the preceding +calendar year, as well as assessments of combatant and non-combatant +deaths resulting from those strikes. + (b) Contents of Report.--The report required by subsection (a) +shall include-- + (1) information obtained from relevant agencies regarding the + general sources of information and methodology used to conduct the + assessments of combatant and non-combatant deaths; + (2) to the extent feasible and appropriate, the general reasons + for discrepancies between post-strike assessments from the United + States and credible reporting from nongovernmental organizations + regarding non-combatant deaths resulting from strikes undertaken by + the United States against terrorist targets outside areas of active + hostilities. + (c) Review of Post-strike Reporting.--In preparing a report under +this section, the Director and the Secretary shall, to the maximum +extent practicable, review relevant and credible post-strike all-source +reporting, including such information from nongovernmental sources, for +the purpose of ensuring that this reporting is available to and +considered by relevant agencies in their assessment of deaths. + (d) Form of Report.--The report required under subsection (a) shall +be submitted in unclassified form, but may include a classified annex. +SEC. 1724. REVIEW AND ASSESSMENT OF MITIGATION OF MILITARY HELICOPTER +NOISE. + (a) In General.--The Secretary of Defense, in coordination with the +Chairman of the Joint Chiefs of Staff, shall conduct a review and +assessment of military helicopter noise in the National Capital Region. +Such review and assessment shall include-- + (1) a study on the causes and effects of military helicopter + noise on communities and individuals in the National Capital + Region; + (2) recommendations to mitigate the effects of military + helicopter noise on individuals, structures, and property values in + the National Capital Region; and + (3) the extent to which the Department has processes in place + for collecting, analyzing, and managing military helicopter noise + complaints from the general public across the National Capital + Region. + (b) Focus.--In conducting the review under subsection (a), the +Secretary and the Chairman of the Joint Chiefs of Staff shall focus on +all military helicopter flights in the National Capital Region, +including helicopters from the Army, Air Force, and Marine Corps. + (c) Report.--Not later than six months after the date of the +enactment of this Act, the Secretary shall submit to Congress a report +on the results of the review conducted under subsection (a). Such +report shall include a description of the policies and procedures +currently being used by the Army, Air Force, and Marine Corps in the +National Capital Region to mitigate the impact of helicopter noise as +well as the means to track compliance with these internal practices to +ensure compliance. + (d) Definition of National Capital Region.--In this section, the +term ``National Capital Region'' has the meaning given the term in +section 2574 of title 10, United States Code. + + Subtitle B--Other Matters + +SEC. 1731. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. + (a) Title 10, United States Code.--Title 10, United States Code, is +amended as follows: + (1) The table of chapters at the beginning of subtitle A, and + at the beginning of part I of such subtitle, are each amended by + striking the item relating to chapter 9A and inserting the + following: + +``9A. Audit......................................................240a''. + + (2) The table of chapters at the beginning of subtitle A, and + at the beginning of part I of such subtitle, are each amended by + striking the item relating to chapter 112 and inserting the + following: + +``112. Cyber Scholarship Program.................................2200''. + + (3) Section 113(j)(1) is amended by inserting ``the'' before + ``congressional defense committees''. + (4) Section 119a is amended in each of the subsection headings + for subsections (a) and (b) by striking ``AACMS'' and inserting + ``ACCMS''. + (5) Section 127(c)(1) is amended by inserting ``the'' before + ``congressional defense committees''. + (6) Section 130i is amended-- + (A) in subsection (i)(1), by inserting ``(C)'' after + ``(j)(3)''; and + (B) in subsection (j)(6), by striking ``40101'' and + inserting ``44802''. + (7) Section 131(b)(8) is amended by redesignating subparagraph + (I) as subparagraph (F). + (8) Section 132 is amended by redesignating subsection (e) as + subsection (d). + (9) The item relating to section 169 in the table of sections + at the beginning of chapter 6 is amended by inserting a period + after ``Command''. + (10) The item relating to section 183a in the table of sections + at the beginning of chapter 7 is amended to read as follows: + +``183a. Military Aviation and Installation Assurance Clearinghouse for + review of mission obstructions.''. + + (11) Section 187(a)(2)(C) is amended by striking ``Assistant + Secretary of the Army for Acquisition, Technology, and Logistics'' + and inserting ``Assistant Secretary of the Army for Acquisition, + Logistics, and Technology''. + (12) Section 222a(d)(3)(A) is amended by inserting ``had'' + before ``been''. + (13) Section 222b(a) is amended by striking ``United States + Code,''. + (14) Section 284 is amended-- + (A) by striking ``section 376'' both places it appears and + inserting ``section 276''; + (B) in subsection (f), by inserting ``)'' after ``Stat. + 1564)''; + (C) in subsection (g)(2), by striking ``section 375'' and + inserting ``section 275''; and + (D) in subsection (h)(1)(A)(vi)(VI) by striking ``section + 1004 of the National Defense Authorization Act for Fiscal Year + 1991 (10 U.S.C. 374 note) and''. + (15) The table of sections at the beginning of subchapter V of + chapter 16 is amended by striking ``Sec.'' after the item relating + to section 350. + (16) Section 341(e)(2)(A) is amended by adding a period at the + end. + (17) Section 526(k) is amended by inserting ``the'' before + ``number of general officers''. + (18) Section 649j is amended by striking ``(a) In General.- + The'' and inserting ``The''. + (19) Section 651(a) is amended by inserting ``shall serve'' + after ``(50 U.S.C. 3806(d)(1))''. + (20) The heading of section 928b (article 128b of the Uniform + Code of Military Justice) is amended to read as follows: +``Sec. 928b. Art. 128b. Domestic violence''. + (21) Section 1034(b)(1)(B)(ii) is amended by striking + ``subsection (i)'' and inserting ``subsection (j)''; + (22) Section 1073c(a) is amended by redesignating the second + paragraph (4) as paragraph (6). + (23) Section 1075(d)(1) is amended in the table by striking + ``25% of out of network'' and inserting ``25% out of network''. + (24) Section 1076d(d)(1) is amended by striking ``section 1075 + of this section'' and inserting ``section 1075 of this title''. + (25) Section 1076e(d)(1) is amended by striking ``section 1075 + of this section'' and inserting ``section 1075 of this title''. + (26) Section 1142(c)(3) is amended by striking ``paragraph + (2)(B)'' and inserting ``paragraph (2)(C)''. + (27) Section 1762(c) is amended by striking ``in at any one + time'' and inserting ``at any one time in''. + (28) Section 1788a is amended in subsection (d)(1) by striking + ``Not later than March 1, 2019, and each March 1 thereafter'' and + inserting ``Not later than March 1 each year''. + (29) Section 2208(u) is amended by inserting ``of this title'' + after ``2805'' each place it appears. + (30) Section 2216(b)(1) is amended by striking ``subsection + (c)(1)(B)(iii)'' and inserting ``subsection (c)(1)(B)(ii)''. + (31) Section 2222(i)(11) is amended by striking ``subsection + (a)(6)(A)'' and inserting ``subsection (e)(6)(A)''. + (32) Section 2228(a)(2) is amended by striking the second + period at the end. + (33) The item relating to section 2229b in the table of + sections at the beginning of chapter 131 is amended to read as + follows: + +``2229b. Comptroller General assessment of acquisition programs and + initiatives.''. + + (34) Section 2273(b)(1) is amended by inserting a semicolon at + the end. + (35) The heading for section 2279d is amended by striking the + period at the end. + (36) The heading of section 2284, as added by section 311(a) of + the John S. McCain National Defense Authorization Act for Fiscal + Year 2019 (Public Law 115-232; 132 Stat. 1708), is amended to read + as follows: +``Sec. 2284. Explosive Ordnance Disposal Defense Program''. + (37) Section 2304(f)(1)(B) is amended-- + (A) in clause (ii), by striking ``paragraph (6)(A)'' and + inserting ``paragraph (5)(A)''; and + (B) in clause (iii), by striking ``paragraph (6)(B)'' and + inserting ``paragraph (5)(B)''. + (38) Section 2305a(d)(1) is amended by striking ``a + indefinite'' and inserting ``an indefinite''. + (39)(A) Section 2304e is amended by striking the last four + words of the section heading. + (B) Section 2323a is amended-- + (i) in the section heading, by striking the last six words; + and + (ii) in subsection (e)-- + (I) in paragraph (1), by striking ``102 Stat. 2468;''; + (II) in paragraph (2), by striking ``(25 U.S.C. + 450b(d))'' and inserting ``(25 U.S.C. 5304(d))''; and + (III) in paragraph (3), by striking ``(25 U.S.C. + 450b(e))'' and inserting ``(25 U.S.C. 5304(e))''. + (C) The table of sections at the beginning of chapter 137 is + amended by striking the last four words of the item relating to + section 2304e and the last six words of the item relating to + section 2323a. + (40) Section 2307(a)(1) is amended by striking ``may'' and + inserting ``may--''. + (41) Section 2313b(d) is amended by striking ``an task order'' + both places it appears and inserting ``a task order''. + (42) Section 2329(g)(1) is amended by striking ```bridge + contact''' and inserting ```bridge contract'''. + (43) Section 2339a(e)(5) is amended by striking ``section + 3542(b)'' and inserting ``section 3552(b)(6)''. + (44) Section 2366a(c)(1)(F) is amended by striking ``section + 2366a(b)(6) of this title'' and inserting ``subsection (b)(6)''. + (45) Section 2368(f)(1) is amended by striking ``transition'' + and inserting ``transaction''. + (46) Section 2371b(d)(1)(C) is amended by striking ``other + than'' after ``sources''. + (47) Section 2380B is amended-- + (A) by inserting ``section'' before ``2376(1) of this + title''; and + (B) by striking ``purposed of'' and inserting ``purposes + of''. + (48) Section 2401(e)(2) is amended by striking ``subsection + (f)'' and inserting ``subsection (g)''. + (49) The item relating to section 2439 in the table of sections + at the beginning of chapter 144 is amended to read as follows: - (a) Expiration of Authorizations After Five Years.--Except as -provided in subsection (b), all authorizations contained in titles XXI -through XXVII and title XXIX for military construction projects, land -acquisition, family housing projects and facilities, and contributions -to the North Atlantic Treaty Organization Security Investment Program -(and authorizations of appropriations therefor) shall expire on the -later of-- - (1) October 1, 2024; or - (2) the date of the enactment of an Act authorizing funds - for military construction for fiscal year 2025. - (b) Exception.--Subsection (a) shall not apply to authorizations -for military construction projects, land acquisition, family housing -projects and facilities, and contributions to the North Atlantic Treaty -Organization Security Investment Program (and authorizations of -appropriations therefor), for which appropriated funds have been -obligated before the later of-- - (1) October 1, 2024; or - (2) the date of the enactment of an Act authorizing funds - for fiscal year 2025 for military construction projects, land - acquisition, family housing projects and facilities, or - contributions to the North Atlantic Treaty Organization - Security Investment Program. +``2439. Negotiation of price for technical data before development, + production, or sustainment of major weapon systems.''. -SEC. 2003. EFFECTIVE DATE. + (50) The item relating to subchapter II in the table of + subchapters for chapter 144B is amended to read as follows: - Titles XXI through XXVII and title XXIX shall take effect on the -later of-- - (1) October 1, 2019; or - (2) the date of the enactment of this Act. +``II. Development, Prototyping, and Deployment of Weapon System +Components or Technology........................................2447a''. - TITLE XXI--ARMY MILITARY CONSTRUCTION + (51) Section 2447a(a) is amended by striking ``after fiscal + year 2017''. + (52) Section 2547(b)(2) is amended-- + (A) by striking ``material'' and inserting ``materiel''; + and + (B) by striking ``Material'' both places it appears and + inserting ``Materiel''. + (53) Section 2802(e)(1) is amended by striking ``shall comply + with'' and inserting ``shall-- + ``(A) comply with''. + (54) Section 2804(b) is amended, in the second sentence-- + (A) by striking ``(1)'' and ``(2)''; and + (B) by striking ``project and'' and inserting ``project,''. + (55) Section 2805(d)(1)(B) is amended by inserting ``under'' + after ``made available''. + (56) Section 2835a(c) is amended by striking ``(1) The + Secretary'' and inserting ``The Secretary''. + (57) Section 2879(a)(2)(A) is amended by striking the comma + after ``2017''. + (58) Section 2913(c) is amended by striking ``government a gas + or electric utility'' and inserting ``government gas or electric + utility''. + (59) The item relating to section 2914 in the table of sections + at the beginning of chapter 173 is amended to read as follows: + +``2914. Energy resilience and conservation construction projects.''. + + (60)(A) The heading of section 8749, as amended by section + 1114(b)(2) and redesignated by section 807(d)(6) of the John S. + McCain National Defense Authorization Act for Fiscal Year 2019 + (Public Law 115-232), is amended by capitalizing the initial letter + of the fifth, sixth, and seventh words and the initial letter of + the last two words. + (B) The heading of section 8749a, as added by section 1114(a) + and redesignated by section 8(d)(6) of the John S. McCain National + Defense Authorization Act for Fiscal Year 2019 (Public Law 115- + 232), is amended by capitalizing the initial letter of the fifth, + sixth, and seventh words. + (61) Section 9069(a) is amended by striking ``are'' and + inserting ``is''. + (62) Section 10217(e)(4) is amended by striking ``shall an + individual'' and inserting ``shall be an individual''. + (63) The item relating to section 2568a in the table of + sections at the beginning of chapter 152 is amended to read as + follows: + +``2568a. Damaged personal protective equipment: award to members + separating from the armed forces and veterans.''. + + (64) Section 7016(b)(5)(A) is amended by striking ``Assistant + Secretary of the Army for Acquisition, Technology, and Logistics'' + and inserting ``Assistant Secretary of the Army for Acquisition, + Logistics, and Technology''. + (b) NDAA for Fiscal Year 2019.--Effective as of August 13, 2018, +and as if included therein as enacted, the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is +amended as follows: + (1) Section 331(g)(2) (132 Stat. 1724) is amended by inserting + ``of such title'' after ``chapter 2''. + (2) Section 844(b) (132 Stat. 1881) is amended by striking + ``This section and the amendments made by this section'' and + inserting ``The amendment made by subsection (a)''. + (3) Section 1246(1)(B) (132 Stat. 2049) is amended by adding at + the end before the semicolon the following: ``and transferring it + to appear after paragraph (15)''. + (4) Section 2805(c) (132 Stat. 2262; 10 U.S.C. 2864 note) is + amended by striking ``United Facilities Criteria'' and inserting + ``Unified Facilities Criteria''. + (c) NDAA for Fiscal Year 2018.--Effective as of December 12, 2017, +and as if included therein as enacted, section 1609(b)(3) of the +National Defense Authorization Act for Fiscal Year 2018 (Public Law +115-91; 131 Stat. 1728; 10 U.S.C. 2273 note) is amended by striking ``, +and,'' and inserting ``, and''. + (d) NDAA for Fiscal Year 2017.--Effective as of December 23, 2016, +and as if included therein as enacted, section 233(c)(2)(C)(ii) of the +National Defense Authorization Act for Fiscal Year 2018 (Public Law +114-328; 130 Stat. 2061; 10 U.S.C. 2358 note) is amended by striking +``Assistant Secretary of the Army for Acquisition, Technology, and +Logistics'' and inserting ``Assistant Secretary of the Army for +Acquisition, Logistics, and Technology''. + (e) NDAA for Fiscal Year 2012.--Effective as of December 31, 2011, +and as if included therein as enacted, section 315 of the National +Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 +Stat. 1358; 10 U.S.C. 2911 note) is amended by redesignating +subsections (d), (e), and (f) as subsections (c), (d), and (e), +respectively. + (f) Coordination With Other Amendments Made by This Act.--For +purposes of applying amendments made by provisions of this Act other +than this section, the amendments made by this section shall be treated +as having been enacted immediately before any such amendments by other +provisions of this Act. +SEC. 1732. 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. 1733. 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. 1734. 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).''. +SEC. 1735. EXTENSION OF NATIONAL SECURITY COMMISSION ON ARTIFICIAL +INTELLIGENCE. + (a) Extension.--Subsection (e) of section 1051 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232; 132 Stat. 1962) is amended by striking ``October 1, 2020'' +and inserting ``October 1, 2021''. + (b) Authority to Accept Gifts.--Subsection (a) of such section is +amended by adding at the end the following new paragraph: + ``(8) Authority to accept gifts.--The Commission may accept, + use, and dispose of gifts or donations of services, goods, and + property from non-Federal entities for the purposes of aiding and + facilitating the work of the Commission. The authority in this + paragraph does not extend to gifts of money.''. + (c) Reports.--Subsection (c) of such section is amended-- + (1) by redesignating paragraph (3) as paragraph (4); and + (2) by inserting after paragraph (1) the following new + paragraphs: + ``(2) Interim reports.--Not later than each of December 1, + 2019, and December 1, 2020, the Commission shall submit as + described in that paragraph an interim report on the review + required under subsection (b). + ``(3) Final report.--Not later than March 1, 2021, the + Commission shall submit as described in paragraph (1) a + comprehensive final report on the review required under subsection + (b).''. +SEC. 1736. EXEMPTION FROM CALCULATION OF MONTHLY INCOME, FOR PURPOSES +OF BANKRUPTCY LAWS, OF 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.''. +SEC. 1737. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER RESEARCH. + Section 414(h) of title 39, United States Code, is amended by +striking ``2019'' and inserting ``2027''. +SEC. 1738. NATIONAL COMMISSION ON MILITARY AVIATION SAFETY. + (a) Extension of Deadline for Report.--Subsection (h)(2) of section +1087 of the John S. McCain National Defense Authorization Act for +Fiscal Year 2019 (Public Law 115-232) is amended by striking ``March 1, +2020'' and inserting ``December 1, 2020''. + (b) Secretary of Defense Report.--Such section is further amended +by adding at the end the following new subsection: + ``(m) Report to Congress.--Not later than 120 days after the date +of the submittal of the report under subsection (h)(2), the Secretary +of Defense, in coordination with the Secretary of each of the military +departments, shall submit to the Committees on Armed Services of the +Senate and House of Representatives a report that includes each of the +following: + ``(1) An assessment of the findings and conclusions of the + Commission. + ``(2) The plan of the Secretaries for implementing the + recommendations of the Commission. + ``(3) Any other actions taken or planned by the Secretary of + Defense or the Secretary of any of the military departments to + improve military aviation safety.''. + (c) Authorization of Appropriations.--In addition to any other +amounts authorized to be appropriated for the National Commission on +Military Aviation Safety established under section 1087 of the John S. +McCain National Defense Authorization Act for Fiscal Year 2019 (Public +Law 115-232), of the amounts authorized to be appropriated for +Operation and Maintenance, Defense-wide for fiscal year 2020, as +specified in the funding table in section 4301, $3,000,000 shall be +available for the National Commission on Aviation Safety. +SEC. 1739. GUARANTEE OF RESIDENCY FOR SPOUSES OF MEMBERS OF THE +UNIFORMED SERVICES. + (a) In General.--Title VI of the Servicemembers Civil Relief Act +(50 U.S.C. 4021 et seq.) is amended by adding at the end the following +new section: + ``SEC. 707. GUARANTEE OF RESIDENCY FOR SPOUSES OF SERVICEMEMBERS. + ``For the purposes of establishing the residency of a spouse of a +servicemember for any purpose (including the registration of a +business), the spouse of a servicemember may elect to use the same +residence as the servicemember regardless of the date on which the +marriage of the spouse and the servicemember occurred.''. + (b) Clerical Amendment.--The table of contents in section 1(b) of +such Act is amended by inserting after the item relating to section 706 +the following new item: -SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. +``Sec. 707. Guarantee of residency for spouses of servicemembers.''. +SEC. 1740. ELECTROMAGNETIC PULSES AND GEOMAGNETIC DISTURBANCES. + (a) EMP and GMD Mitigation Research and Development.-- + (1) Threat assessment, response, and recovery.--Section 320 of + the Homeland Security Act of 2002 (6 U.S.C. 195f) is amended-- + (A) in the section heading, by inserting ``and threat + assessment, response, and recovery'' after ``development''; and + (B) by adding at the end the following: + ``(d) Threat Assessment, Response, and Recovery.-- + ``(1) 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 Administrator of the Federal + Emergency Management Agency 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) to the extent practicable, incorporate + events that include EMPs and extreme GMDs as a factor + in preparedness scenarios and exercises. + + ``(ii) Implementation.--The Administrator of the + Federal Emergency Management Agency, in coordination with + the Director of the Cybersecurity and Infrastructure + Security 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 Administrator of the Federal + Emergency Management Agency, in coordination with relevant + stakeholders, shall maintain a network of systems, such as + the alerting capabilities of the integrated public alert + and warning system authorized under section 526, 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 + Administrator of the Federal Emergency Management Agency, + shall brief the appropriate congressional committees + regarding the maintenance of systems, including the + alerting capabilities of the integrated public alert and + warning system authorized under section 526. + ``(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 four 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. + ``(2) Coordination.-- + ``(A) Report on technological options.--Not later than + December 21, 2020, and every four 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. + ``(3) 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 Transportation and + Infrastructure, the Committee on Homeland Security, the + Committee on Armed Services, the Committee on Energy and + Commerce, and the Committee on Science, Space and + Technology 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. + ``(C) The term `Sector-Specific Agency' has the meaning + given that term in section 2201. + ``(e) Rule of Construction.--Nothing in this section may be +construe-- + ``(1) to affect in any manner the authority of the executive + branch to implement Executive Order 13865, dated March 26, 2019, + and entitled `Coordinating National Resilience to Electromagnetic + Pulses', or any other 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; + or + ``(2) as diminishing or transferring any authorities vested in + the Administrator of the Federal Emergency Management Agency or in + the Agency prior to the date of the enactment of this + subsection.''. + (2) 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: - (a) Inside the United States.--Using amounts appropriated pursuant -to the authorization of appropriations in section 2103(a) and available -for military construction projects inside the United States as +``Sec. 320. EMP and GMD mitigation research and development and threat + assessment, response, and recovery.''. + + (b) Consultation With Secretary of Energy in Preparation of +Quadrennial Homeland Security Review.--Section 707 of the Homeland +Security Act of 2002 (6 U.S.C. 347) is amended-- + (1) in subsection (a)(3)(A), by inserting ``the Secretary of + Energy,'' after ``the Secretary of Agriculture''; and + (2) in subsection (c)(2)(B), by inserting after review the + following ``or for purposes of the quadrennial EMP and GMD risk + assessment under section 320(d)(1)(E)''. + (c) National Essential Functions.-- + (1) 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. + (2) Definition of national essential function.--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. + (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, acting through the Under Secretary + for Science and Technology of the Department of Homeland Security, + in coordination with the Director of the Cybersecurity and + Infrastructure Security Agency and the Administrator of the Federal + Emergency Management Agency, 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, acting through the Under Secretary + for Science and Technology of the Department of Homeland Security, + in coordination with the Director of the Cybersecurity and + Infrastructure Security Agency and the Administrator of the Federal + Emergency Management Agency, 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 Administrator of the Federal Emergency +Management Agency, the Director of the Cybersecurity and Infrastructure +Security Agency, the Secretary of Defense, the Under Secretary of +Commerce for Standards and Technology, the Assistant Secretary of +Commerce for Communications and Information, 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) 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 (a) 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). +SEC. 1741. IMPROVEMENTS TO MANUFACTURING USA PROGRAM. + (a) In General.--Section 34 of the National Institute of Standards +and Technology Act (15 U.S.C. 278s) is amended to read as follows: + ``SEC. 34. MANUFACTURING USA. + ``(a) Definitions.--In this section: + ``(1) Agency head.--The term `agency head' means the head of + any Executive agency (as defined in section 105 of title 5, United + States Code), other than the Department of Defense. + ``(2) Regional innovation initiative.--The term `regional + innovation initiative' has the meaning given such term in section + 27(f)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 + (15 U.S.C. 3722(f)(1)). + ``(b) Establishment of Manufacturing USA Program.-- + ``(1) In general.--The Secretary shall establish within the + Institute a program to be known as the `Manufacturing United States + of America Program' or the `Manufacturing USA Program' (referred to + in this section as the `Program'). + ``(2) Purposes of program.--The purposes of the Program are-- + ``(A) to improve the competitiveness of United States + manufacturing and to increase the production of goods + manufactured predominantly within the United States; + ``(B) to stimulate United States leadership in advanced + manufacturing research, innovation, and technology; + ``(C) to facilitate the transition of innovative + technologies into scalable, cost-effective, and high-performing + manufacturing capabilities; + ``(D) to facilitate access by manufacturing enterprises to + capital-intensive infrastructure, including high-performance + electronics and computing, and the supply chains that enable + these technologies; + ``(E) to accelerate the development of an advanced + manufacturing workforce; + ``(F) to facilitate peer exchange of and the documentation + of best practices in addressing advanced manufacturing + challenges; + ``(G) to leverage non-Federal sources of support to promote + a stable and sustainable business model without the need for + long-term Federal funding; + ``(H) to create and preserve jobs; and + ``(I) to contribute to the development of regional + innovation initiatives across the United States. + ``(3) Support.--The Secretary, acting through the Director, + shall carry out the purposes set forth in paragraph (2) by + supporting-- + ``(A) the Manufacturing USA Network established under + subsection (b); and + ``(B) the establishment of Manufacturing USA institutes. + ``(4) Director.--The Secretary shall carry out the Program + through the Director. + ``(c) Establishment of Manufacturing USA Network.-- + ``(1) In general.--As part of the Program, the Secretary shall + establish a network of Manufacturing USA institutes. + ``(2) Designation.--The network established under paragraph (1) + shall be known as the `Manufacturing United States of America + Network' or the `Manufacturing USA Network' (referred to in this + section as the `Network'). + ``(d) Manufacturing USA Institutes.-- + ``(1) In general.--For purposes of this section, a + Manufacturing USA institute is an institute that-- + ``(A) has been established by a person or group of persons + to address challenges in advanced manufacturing and to assist + manufacturers in retaining or expanding industrial production + and jobs in the United States; + ``(B) has a predominant focus on a manufacturing process, + novel material, enabling technology, supply chain integration + methodology, or another relevant aspect of advanced + manufacturing, such as nanotechnology applications, advanced + ceramics, photonics and optics, composites, biobased and + advanced materials, flexible hybrid technologies, tool + development for microelectronics, food manufacturing, + superconductors, advanced battery technologies, robotics, + advanced sensors, quantum information science, supply chain + water optimization, aeronautics and advanced materials, and + graphene and graphene commercialization; + ``(C) has the potential-- + ``(i) to improve the competitiveness of United States + manufacturing, including key advanced manufacturing + technologies such as nanotechnology, advanced ceramics, + photonics and optics, composites, biobased and advanced + materials, flexible hybrid technologies, tool development + for microelectronics, food manufacturing, superconductors, + advanced battery technologies, robotics, advanced sensors, + quantum information science, supply chain water + optimization, aeronautics and advanced materials, and + graphene and graphene commercialization; + ``(ii) to accelerate non-Federal investment in advanced + manufacturing production capacity in the United States; or + ``(iii) to enable the commercial application of new + technologies or industry-wide manufacturing processes; and + ``(D) includes active participation among representatives + from multiple industrial entities, research universities, + community colleges, and other entities as appropriate, which + may include industry-led consortia, career and technical + education schools, Federal laboratories, State, local, and + Tribal governments, businesses, educational institutions, and + nonprofit organizations. + ``(2) Activities.-- + ``(A) Required activities.--For purposes of this section, a + Manufacturing USA institute is also an institute that carries + out the following: + ``(i) Research, development, and demonstration + projects, including proof-of-concept development and + prototyping, to reduce the cost, time, or risk of + commercializing new technologies and improvements in + existing technologies, processes, products, and research + and development of materials to solve precompetitive + industrial problems with economic or national security + implications. + ``(ii) Development and implementation of education, + training, and workforce recruitment courses, materials, and + programs addressing workforce needs through training and + education programs at all appropriate education levels, + including programs on applied engineering. + ``(iii) Development of innovative methodologies and + practices for supply chain integration and introduction of + new technologies into supply chains, as appropriate. + ``(iv) Outreach and engagement with small and medium- + sized manufacturing enterprises, including women, minority, + and veteran owned manufacturing enterprises, in addition to + large manufacturing enterprises. + ``(v) Development of roadmaps or leveraging of existing + roadmaps with respect to technology areas being pursued by + that Manufacturing USA institute that take into account the + research and development undertaken at other Manufacturing + USA institutes and Federal agencies with respect to such + areas. + ``(B) Permissible activities.--In addition to the + activities set forth under subparagraph (A), a Manufacturing + USA institute may carry out such other activities as may be + consistent with the purposes set forth under subsection (b)(2). + ``(3) Additional manufacturing usa institutes.-- + ``(A) In general.--Except as provided in subparagraph (C), + the National Additive Manufacturing Innovation Institute and + other manufacturing institutes formally recognized as + Manufacturing USA institutes pursuant to Federal law or + executive actions, or under pending interagency review for such + recognition as of December 16, 2014, shall be considered + Manufacturing USA institutes for purposes of this section. + ``(B) Network participation.--Except as provided in + subparagraph (C), an institute that is substantially similar to + an institute described by paragraphs (1) and (2) but does not + meet every element of such description and does not receive + financial assistance under subsection (e) may, upon request of + the institute, be recognized as a Manufacturing USA institute + by the Secretary for purposes of participation in the Network. + ``(C) Applicability.--Effective beginning on the date of + the enactment of the National Defense Authorization Act for + Fiscal Year 2020, an institute shall be treated as a + Manufacturing USA institute under this section and subject to + subsections (b)(2), (d), and (e) in the same manner and to the + same extent as such provisions apply to a Manufacturing USA + institute described by paragraphs (1) and (2) if such + institute-- + ``(i)(I) is, as of such date of enactment, considered a + Manufacturing USA institute under subparagraph (A) or + recognized as a Manufacturing USA institute under + subparagraph (B); and + ``(II) as of such date of enactment, receives Federal + financial assistance under subsection (e) or otherwise + consistent with the purposes of this section; + ``(ii) is under pending agency review for such + recognition as of such date of enactment; or + ``(iii) is currently funded by the Department of + Energy. + ``(e) Financial Assistance to Establish and Support Manufacturing +USA Institutes.-- + ``(1) Financial assistance authorized.--Under the Program, the + Secretary and the Secretary of Energy shall, and every other agency + head may, award financial assistance to a person or group of + persons to assist the person or group of persons in planning, + establishing, or supporting a Manufacturing USA institute. + ``(2) Period and renewal of awards.-- + ``(A) Initial periods.--An award of financial assistance + under paragraph (1) shall be awarded for an initial period of + not less than 5 years and not more than 7 years. + ``(B) Renewal of awards.-- + ``(i) Renewal authorized.--An award of financial + assistance under paragraph (1) may be renewed for + additional periods, with each period not to exceed the + duration of the initial period of the award, subject to a + rigorous merit review. + ``(ii) Consideration of performance standards.--In + carrying out a rigorous merit review under clause (i) for + renewal of an award under such clause for a Manufacturing + USA institute, an agency head shall consider the extent to + which the institute has made progress in meeting the + standards of performance established pursuant to paragraph + (5)(C). + ``(iii) Initial failure to meet performance + standards.--If, pursuant to a rigorous merit review under + clause (i) for renewal of an award under such clause for a + Manufacturing USA institute, an agency head finds that the + institute does not meet the standards for performance + established pursuant to paragraph (5)(C), the agency head + shall-- + + ``(I) notify the institute of any deficiencies in + the performance of the institute; and + ``(II) provide the institute one year to remedy + such deficiencies. + + ``(iv) Further failure to meet performance standards.-- + If a Manufacturing USA institute fails to remedy a + deficiency identified or to show significant improvement in + performance during the 1-year period set forth under clause + (iii)(II)-- + + ``(I) the institute shall not be eligible for + renewed award under clause (i); and + ``(II) the agency head that conducted the review + for renewal shall notify the institute of such + ineligibility. + + ``(v) Continuation of existing manufacturing usa + institutes.--Not withstanding clauses (i) through (iv), a + Manufacturing USA institute already in existence or + undergoing a renewal process prior to December 1, 2019-- + + ``(I) may continue to receive support for the + duration of the original funding award beginning on the + date of establishment of that institute; and + ``(II) shall be eligible for renewal of that + funding pursuant to clause (i). + + ``(3) Application for financial assistance.-- + ``(A) In general.--A person or group of persons seeking + financial assistance under paragraph (1) shall submit to an + agency head an application therefor at such time, in such + manner, and containing such information as the agency head may + require. + ``(B) Requirements.--An application submitted under + subparagraph (A) for an institute shall, at a minimum include + the following: + ``(i) A description of the specific sources and amounts + of non-Federal financial support for the institute on the + date financial assistance is sought. + ``(ii) A description of the anticipated sources and + amounts of non-Federal financial support during the period + for which the institute could be eligible for continued + Federal financial assistance under this section. + ``(4) Selection.-- + ``(A) Competitive, merit review.--In awarding financial + assistance under paragraph (1), an agency head shall-- + ``(i) use a competitive, merit review process that + includes review by a diverse group of individuals with + relevant expertise from both the private and public + sectors; and + ``(ii) ensure that the technology focus of a + Manufacturing USA institute does not substantially + duplicate the technology focus of any other Manufacturing + USA institute. + ``(B) Participation in process.-- + ``(i) Prohibition on participation by political + appointees.--The review required by subparagraph (A)(i) may + not include a review by a group of individuals that + includes a political appointee. + ``(ii) Conflict of interest policies.--Each agency head + shall implement a conflict of interest policy that-- + + ``(I) ensures public transparency and + accountability in the process used under subparagraph + (A)(i); and + ``(II) requires full disclosure of any real or + potential conflicts of interest on the parts of + individuals that participate in the process used under + subparagraph (A)(i). + + ``(iii) Definition of political appointee.--For + purposes of this subparagraph, the term `political + appointee' has the meaning given such term in section + 714(h) of title 38, United States Code. + ``(C) Considerations.--In selecting a person or group of + persons who submitted an application to an agency head under + paragraph (3) for an award of financial assistance under + paragraph (1) for a Manufacturing USA institute, the agency + head shall consider, at a minimum, the following: + ``(i) The potential of the Manufacturing USA institute + to advance domestic manufacturing and the likelihood of + economic impact, including the creation or preservation of + jobs, in the predominant focus areas of the institute. + ``(ii) The commitment of continued financial support, + advice, participation, and other contributions from non- + Federal sources, to provide leverage and resources to + promote a stable and sustainable business model. + ``(iii) Whether the financial support provided to the + Manufacturing USA institute from non-Federal sources + exceeds the requested Federal financial assistance. + ``(iv) How the Manufacturing USA institute will + increase the non-Federal investment in advanced + manufacturing research in the United States. + ``(v) How the Manufacturing USA institute will engage + with small and medium-sized manufacturing enterprises to + improve the capacity of such enterprises to commercialize + new processes and technologies and to improve the domestic + supply chain. + ``(vi) How the Manufacturing USA institute will carry + out educational and workforce activities that meet + industrial needs related to the predominant focus areas of + the institute. + ``(vii) How the Manufacturing USA institute will + advance economic competitiveness and generate substantial + benefits to the Nation that extend beyond the direct return + to participants in the Program. + ``(viii) Whether the predominant focus of the + Manufacturing USA institute is a manufacturing process, + novel material, enabling technology, supply chain + integration methodology, or other relevant aspect of + advanced manufacturing that has not already been + commercialized, marketed, distributed, or sold by another + entity. + ``(ix) How the Manufacturing USA institute will + strengthen and leverage the industrial, research, + entrepreneurship, and other assets of a region. + ``(x) How the Manufacturing USA institute will + encourage the education and training of veterans and + individuals with disabilities. + ``(5) Performance measurement, transparency, and + accountability.--For each award of financial assistance under + paragraph (1) by an agency head, the agency head shall-- + ``(A) develop metrics to assess the effectiveness of the + activities funded in making progress toward the purposes of the + Program set forth under subsection (b)(2), including the + effectiveness of Manufacturing USA institutes in advancing + technology readiness levels or manufacturing readiness levels; + ``(B) establish standards for the performance of + Manufacturing USA institutes that are based on the metrics + developed under subparagraph (A); and + ``(C) for each Manufacturing USA institute supported by the + award, 5 years after the initial award and every 5 years + thereafter until Federal financial assistance under this + subsection is discontinued, conduct an assessment of the + institute to confirm whether the performance of the institute + is meeting the standards for performance established under + subparagraph (B). + ``(6) Collaboration.--In awarding financial assistance under + paragraph (1), an agency head, in coordination with the National + Program Office, as the agency head considers appropriate, may + collaborate with Federal departments and agencies whose missions + contribute to or are affected by advanced manufacturing, including, + as the agency head considers appropriate, the Department of + Agriculture, the Department of Defense, the Department of + Education, the Department of Energy, the Department of Labor, the + Food and Drug Administration, the National Aeronautics and Space + Administration, the National Institutes of Health, and the National + Science Foundation. + ``(7) Matching funds and preferences.-- + ``(A) In general.--Except as provided in subparagraph (B), + an agency head may not, with respect to a Manufacturing USA + institute, award financial assistance under paragraph (1) or + renew an award of financial assistance under paragraph (2) + unless the agency head determines that non-Federal funding + comprises 50 percent or more of the total amount of funding + made available for the operation and support of the institute. + ``(B) Waivers.--An agency head awarding financial + assistance under paragraph (1) with respect to a Manufacturing + USA institute may waive the requirements of subparagraph (A) in + the case of satellite centers, large capital facilities, + equipment purchases, workforce development, or general + operations. + ``(f) Grant Program for Public Service Activities for Manufacturing +USA Institutes Without Federal Funding.--The Secretary may award a +grant on a competitive basis to a Manufacturing USA institute that is +not receiving financial assistance under subsection (e) to carry out +workforce development, outreach to small- and medium-sized +manufacturers, and other activities that-- + ``(1) are determined by the Secretary to be in the national + interest; and + ``(2) are unlikely to receive private sector financial support. + ``(g) Authorization of Appropriations.-- + ``(1) NIST industrial technical services account.--To the + extent provided for in advance by appropriations Acts, the + Secretary may use amounts appropriated to the Industrial Technical + Services account to carry out this section as follows: + ``(A) For each of the fiscal years 2015 through 2019, an + amount not to exceed $5,000,000. + ``(B) For each of fiscal years 2020 through 2030, such + amounts as may be necessary to carry out this section. + ``(2) Department of energy.--There are authorized to be + appropriated to the Secretary of Energy for the provision of + financial assistance under subsection (e) by the Department of + Energy amounts as follows: + ``(A) $70,000,000 for each of fiscal years 2020, 2021, and + 2022. + ``(B) $84,000,000 for each of fiscal years 2023 and 2024. + ``(h) National Program Office.-- + ``(1) Establishment.--The Secretary shall establish, within the + Institute, the National Office of the Manufacturing USA Network + (referred to in this section as the `National Program Office'), + which shall oversee and carry out the Program. + ``(2) Functions.--The functions of the National Program Office + are-- + ``(A) to oversee the planning, management, and coordination + of the Program; + ``(B) to coordinate with and, as appropriate, enter into + memorandums of understanding with Federal departments and + agencies whose missions contribute to or are affected by + advanced manufacturing, including the Department of + Agriculture, the Department of Defense, the Department of + Education, the Department of Energy, the Department of Labor, + the Food and Drug Administration, the National Aeronautics and + Space Administration, the National Institutes of Health, and + the National Science Foundation, to carry out the purposes set + forth under subsection (b)(2); + ``(C) to develop, not later than December 16, 2015, and + update not less frequently than once every 3 years thereafter, + a strategic plan to guide the Program; + ``(D) to establish such procedures, processes, and criteria + as may be necessary and appropriate to maximize cooperation and + coordinate the activities of the Program with programs and + activities of other Federal departments and agencies whose + missions contribute to or are affected by advanced + manufacturing; + ``(E) to establish a clearinghouse of public information + related to the activities of the Program; + ``(F) to act as a convener of the Network; + ``(G) to work with Federal agencies that are not sponsoring + or supporting a Manufacturing USA institute to explore and + develop options for sponsoring or supporting a Manufacturing + USA institute; + ``(H) to work with Federal agencies that are sponsoring or + supporting a Manufacturing USA institute to develop and + implement network-wide performance goals with measurable + targets and timelines; + ``(I) to help develop pilot programs that may be + implemented by the Manufacturing USA institutes to address + specific purposes of the Program, including to accelerate + technology transfer to the private sector and to develop + entrepreneurship programs; + ``(J) to provide support services to promote workforce + development activities; + ``(K) to identify and disseminate best practices for + workforce education and training across the Network and further + enhance collaboration among Manufacturing USA institutes in + developing and implementing such practices; + ``(L) to collaborate with the Department of Labor, the + Department of Education, industry, career and technical + education schools, local community colleges, universities, and + labor organizations to provide input, as appropriate, for the + development of national certifications for advanced + manufacturing workforce skills in the technology areas of the + Manufacturing USA institutes; and + ``(M) to coordinate with Manufacturing USA institutes to + develop best practices for the membership agreements and + coordination of similar project solicitations. + ``(3) Recommendations.--In developing and updating the + strategic plan under paragraph (2)(C), the Secretary shall solicit + recommendations and advice from a wide range of stakeholders, + including industry, small and medium-sized manufacturing + enterprises, research universities, community colleges, State, + Tribal, and local governments, and other relevant organizations and + institutions on an ongoing basis. + ``(4) Report to congress.--Upon completion, the Secretary shall + transmit the strategic plan required under paragraph (2)(C) to the + Committee on Commerce, Science, and Transportation of the Senate + and the Committee on Science, Space, and Technology of the House of + Representatives. + ``(5) Hollings manufacturing extension partnership.-- + ``(A) In general.--The Secretary shall ensure that the + National Program Office leverages the capabilities of the + Hollings Manufacturing Extension Partnership into Program + planning to ensure-- + ``(i) significant outreach to, participation of, and + engagement of small- and medium-sized manufacturers in + Manufacturing USA institutes across the entirety of the + manufacturing supply chain; and + ``(ii) that the results of the Program, including + technologies developed by the Program, reach small- and + medium-sized manufacturers and that such entities have + access to technical assistance, as appropriate, in + deploying those technologies. + ``(B) Liaisons.--The Secretary may provide financial + assistance to a manufacturing extension center established as + part of the Hollings Manufacturing Extension Partnership to + support the purposes of the Program by providing services in + one or more of the following areas: + ``(i) Support services for small- and medium-sized + manufacturers, that many include the designation of a + liaison. + ``(ii) Assistance with workforce development. + ``(iii) Technology transfer for small and medium-sized + manufacturers. + ``(iv) Such other areas as the Secretary determines + appropriate to support the purposes of the Program. + ``(6) Detailees.--Any Federal Government employee may be + detailed to the National Program Office without reimbursement. Such + detail shall be without interruption or loss of civil service + status or privilege. + ``(i) Reporting and Auditing.-- + ``(1) Annual reports to the secretary.-- + ``(A) In general.--Not less frequently than once each year, + each agency head that is providing financial assistance under + subsection (e) shall-- + ``(i) require each recipient of such financial + assistance submit to the agency head a report that + describes the finances and performance of the Manufacturing + USA institute with respect to which the financial + assistance is awarded; and + ``(ii) submit to the Secretary each report received by + the agency head under clause (i). + ``(B) Elements.--Each report submitted under subparagraph + (A) shall include: + ``(i) an accounting of expenditures of amounts awarded + to the recipient under subsection (e); and + ``(ii) consistent with the standards for performance + established under subsection (e)(5)(B), a description of + the performance of the Manufacturing USA institute with + respect to-- + + ``(I) its goals, plans, financial support, and + accomplishments; and + ``(II) how the Manufacturing USA institute has + furthered the purposes set forth under subsection + (b)(2). + + ``(2) Annual reports to congress.-- + ``(A) In general.--Not less frequently than once each year + until December 31, 2030, the Secretary shall submit a report to + Congress that describes the performance of the Program during + the most recent 1-year period. + ``(B) Elements.--Each report submitted under subparagraph + (A) shall include, for the period covered by the report-- + ``(i) a summary and assessment of the reports received + by the Secretary under paragraph (1); + ``(ii) an accounting of the funds expended by the + Secretary under the Program, including any waivers made + under subsection (e)(7)(B); + ``(iii) an assessment of the participation in, and + contributions to, the Network by any Manufacturing USA + institutes not receiving financial assistance under + subsection (e); and + ``(iv) an assessment of the Program with respect to + meeting the purposes set forth under subsection (b)(2). + ``(3) Assessments by comptroller general of the united + states.-- + ``(A) Assessments.--Not less frequently than once every 3 + years, the Comptroller General of the United States shall + submit to Congress an assessment of the operation of the + Program during the most recent 3-year period, including an + assessment of the progress made towards achieving the goals + specified in the national strategic plan for advanced + manufacturing required under section 102(b)(7) of the America + COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622(b)(7)). + ``(B) Elements.--Each assessment submitted under + subparagraph (A) shall include, for the period covered by the + report-- + ``(i) a review of the management, coordination, and + industry utility of the Program; + ``(ii) an assessment of the extent to which the Program + has furthered the purposes set forth under subsection + (b)(2); + ``(iii) such recommendations for legislative and + administrative action as the Comptroller General considers + appropriate to improve the Program; and + ``(iv) an assessment as to whether any prior + recommendations for improvement made by the Comptroller + General have been implemented or adopted. + ``(C) Final assessment.--No later than December 31, 2030, + the Comptroller General shall submit to Congress a final report + regarding the overall success of the Program. + ``(j) Additional Authorities.-- + ``(1) Appointment of personnel and contracts.--The Secretary + may appoint such personnel and enter into such contracts, financial + assistance agreements, and other agreements as the Secretary + considers necessary or appropriate to carry out the Program, + including support for research and development activities involving + a Manufacturing USA institute. + ``(2) Transfer of funds.--Of amounts available under the + authority provided by subsection (g), the Secretary may transfer to + other Federal agencies such sums as the Secretary considers + necessary or appropriate to carry out the Program. No funds so + transferred may be used to reimburse or otherwise pay for the costs + of financial assistance incurred or commitments of financial + assistance made prior to December 16, 2014. + ``(3) Authority of other agencies.--In the event that the + Secretary exercises the authority to transfer funds to another + agency under paragraph (2), such agency may accept such funds to + award and administer, under the same conditions and constraints + applicable to the Secretary, all aspects of financial assistance + awards under this section. + ``(4) Use of resources.--In furtherance of the purposes of the + Program, the Secretary may use, with the consent of a covered + entity and with or without reimbursement, the land, services, + equipment, personnel, and facilities of such covered entity. + ``(5) Acceptance of resources.--In addition to amounts + appropriated to carry out the Program, the Secretary may accept + funds, services, equipment, personnel, and facilities from any + covered entity to carry out the Program, subject to the same + conditions and constraints otherwise applicable to the Secretary + under this section and such funds may only be obligated to the + extent provided for in advance by appropriations Acts. + ``(6) Covered entities.--For purposes of this subsection, a + covered entity is any Federal department, Federal agency, + instrumentality of the United States, State, local government, + Tribal government, territory, or possession of the United States, + or of any political subdivision thereof, or international + organization, or any public or private entity or individual. + ``(7) Collaborations with other agencies.--The Secretary shall + collaborate with Federal agencies whose missions contribute to, or + are affected by, advanced manufacturing to identify and leverage + existing resources at such Federal agencies to assist Manufacturing + USA institutes in carrying out the purposes of the Program set + forth under subsection (b)(2). Such existing resources may include + programs-- + ``(A) at the Department of Labor relating to labor and + apprenticeships; + ``(B) at the Economic Development Administration relating + to regional innovation, such as the Regional Innovation + Strategies program; + ``(C) at the Department of Education relating to workforce + development, education, training, and retraining; + ``(D) at the Department of Defense relating to procurement + and other authorities of the Department of Defense; + ``(E) at the Food and Drug Administration relating to + biopharmaceutical manufacturing; + ``(F) at the National Science Foundation, including the + Advanced Technological Education program; + ``(G) at the National Aeronautics and Space Administration + relating to procurement, workforce development, education, + training, and retraining; + ``(H) at the Department of Energy relating to development + of clean energy technologies and other authorities of the + Department of Energy; + ``(I) at the Department of Agriculture relating to outreach + to rural communities; + ``(J) additional programs that the Secretary determines are + appropriate to support the activities of existing Manufacturing + USA institutes; and + ``(K) additional programs that the Secretary determines are + appropriate to support the activities of existing Manufacturing + USA institutes. + ``(k) Patents.--Chapter 18 of title 35, United States Code, shall +apply to any funding agreement (as defined in section 201 of that +title) awarded to new or existing Manufacturing USA institutes with +respect to which financial assistance is awarded under subsection (e). + ``(l) References to Prior Names and Terminology.--Any reference in +law, regulation, map, document, paper, or other record of the United +States to the `Network for Manufacturing Innovation Program', the +`Network for Manufacturing Innovation', `National Office of the Network +for Manufacturing Innovation Program', or a `center for manufacturing +innovation' shall be considered to be a reference to the Manufacturing +USA Program, the Manufacturing USA Network, the National Office of the +Manufacturing USA Network, or a Manufacturing USA institute, +respectively.''. + (b) Expansion of Manufacturing USA Network.--Subject to the +availability of appropriations, the Secretary of Commerce shall take +such actions as may be necessary to increase the number of +Manufacturing USA institutes that participate in the Manufacturing USA +Network. +SEC. 1742. REGIONAL INNOVATION PROGRAM. + Section 27 of the Stevenson-Wydler Technology Innovation Act of +1980 (15 U.S.C. 3722) is amended to read as follows: + ``SEC. 27. REGIONAL INNOVATION PROGRAM. + ``(a) Definitions.--In this section: + ``(1) Eligible recipient.--The term `eligible recipient' + means-- + ``(A) a State; + ``(B) an Indian tribe; + ``(C) a city or other political subdivision of a State; + ``(D) an entity that-- + ``(i) is a nonprofit organization, an institution of + higher education, a public-private partnership, a science + or research park, a Federal laboratory, a venture + development organization, or an economic development + organization or similar entity that is focused primarily on + improving science, technology, innovation, or + entrepreneurship; and + ``(ii) has an application submitted under subsection + (c)(4) that is supported by a State or a political + subdivision of a State; or + ``(E) a consortium of any of the entities described in + subparagraphs (A) through (D). + ``(2) Regional innovation initiative.--The term `regional + innovation initiative' means a geographically-bounded public or + nonprofit activity or program to address issues in the local + innovation systems in order to-- + ``(A) increase the success of innovation-driven industry; + ``(B) strengthen the competitiveness of industry through + new product innovation and new technology adoption; + ``(C) improve the pace of market readiness and overall + commercialization of innovative research; + ``(D) enhance the overall innovation capacity and long-term + resilience of the region; + ``(E) leverage the region's unique competitive strengths to + stimulate innovation; and + ``(F) increase the number of full-time equivalent + employment opportunities within innovation-based business + ventures in the geographic region. + ``(3) State.--The term `State' means one of the several States + of the United States, the District of Columbia, the Commonwealth of + Puerto Rico, the United States Virgin Islands, Guam, American + Samoa, the Commonwealth of the Northern Mariana Islands, or any + other territory or possession of the United States. + ``(4) Venture development organization.--The term `venture + development organization' means a State or nonprofit organization + that contributes to regional or sector-based economic prosperity by + providing services for the purposes of accelerating the + commercialization of research. + ``(b) Establishment.--The Secretary shall establish a regional +innovation program to encourage and support the development of regional +innovation strategies designed to increase innovation-driven economic +opportunity within their respective regions. + ``(c) Regional Innovation Grants.-- + ``(1) Authorization of grants.--As part of the program + established pursuant to subsection (b), the Secretary may award + grants, on a competitive basis, to eligible recipients for + activities designed to develop and support a regional innovation + initiative. + ``(2) Permissible activities.--A grant awarded under this + subsection shall be used for multiple activities determined + appropriate by the Secretary, including-- + ``(A) planning, technical assistance, and communication + among participants of a regional innovation initiative to + improve the connectedness and strategic orientation of the + regional innovation initiative; + ``(B) attracting additional participants to a regional + innovation initiative; + ``(C) increasing the availability and investment of private + and philanthropic financing that supports innovation-based + business ventures; and + ``(D) facilitating commercialization of products, + processes, and services, including through demonstration, + deployment, technology transfer, and entrepreneurial + activities. + ``(3) Restricted activities.--Grants awarded under this + subsection may not be used to pay for-- + ``(A) costs related to the recruitment, inducement, or + associated financial or tangible incentives that might be + offered to relocate an existing business from a geographic area + to another geographic area; or + ``(B) costs associated with offsetting revenues forgone by + 1 or more taxing authorities through tax incentives, tax + increment financing, special improvement districts, tax + abatements for private development within designated zones or + geographic areas, or other reduction in revenues resulting from + tax credits affecting the geographic region of the eligible + recipients. + ``(4) Applications.-- + ``(A) In general.--An eligible recipient shall submit an + application to the Secretary at such time, in such manner, and + containing such information and assurances as the Secretary may + require. + ``(B) Components.--Each application submitted under + subparagraph (A) shall-- + ``(i) describe the regional innovation initiative; + ``(ii) indicate whether the regional innovation + initiative is supported by the private sector, State and + local governments, and other relevant stakeholders; + ``(iii) identify what activities the regional + innovation initiative will undertake; + ``(iv) describe the expected outcomes of the regional + innovation initiative and the metrics the eligible + recipient will use to assess progress toward those + outcomes; + ``(v) indicate whether the participants in the regional + innovation initiative have access to, or contribute to, a + well-trained workforce and other innovation assets that are + critical to the successful outcomes specified in the + application; + ``(vi) indicate whether the participants in the + regional innovation initiative are capable of attracting + additional funds from non-Federal sources; and + ``(vii) if appropriate for the activities proposed in + the application, analyze the likelihood that the + participants in the regional innovation initiative will be + able to sustain activities after grant funds received under + this subsection have been expended. + ``(C) Feedback.--The Secretary shall provide feedback to + program applicants that are not awarded grants to help them + improve future applications. + ``(D) Special considerations.--The Secretary shall give + special consideration to-- + ``(i) applications proposing to include workforce or + training related activities in their regional innovation + initiative from eligible recipients who agree to + collaborate with local workforce investment area boards; + and + ``(ii) applications from regions that contain + communities negatively impacted by trade. + ``(5) Cost share.--The Secretary may not provide more than 50 + percent of the total cost of any activity funded under this + subsection. + ``(6) Outreach to rural communities.--The Secretary shall + conduct outreach to public and private sector entities in rural + communities to encourage those entities to participate in regional + innovation initiatives under this subsection. + ``(7) Geographic distribution.--In conducting a competitive + process, the Secretary shall avoid undue geographic concentration + among any one category of States based on their predominant rural + or urban character as indicated by population density. + ``(8) Funding.--The Secretary may accept funds from other + Federal agencies to support grants and activities under this + subsection. + ``(d) Regional Innovation Research and Information Program.-- + ``(1) In general.--As part of the program established pursuant + to subsection (b), the Secretary shall establish a regional + innovation research and information program-- + ``(A) to gather, analyze, and disseminate information on + best practices for regional innovation initiatives, including + information relating to how innovation, productivity, and + economic development can be maximized through such strategies; + ``(B) to provide technical assistance, including through + the development of technical assistance guides, for the + development and implementation of regional innovation + initiatives; + ``(C) to support the development of relevant metrics and + measurement standards to evaluate regional innovation + initiatives, including the extent to which such strategies + stimulate innovation, productivity, and economic development; + and + ``(D) to collect and make available data on regional + innovation initiatives in the United States, including data + on-- + ``(i) the size, specialization, and competitiveness of + regional innovation initiatives; + ``(ii) the regional domestic product contribution, + total jobs and earnings by key occupations, establishment + size, nature of specialization, patents, Federal research + and development spending, and other relevant information + for regional innovation initiatives; and + ``(iii) supply chain product and service flows within + and between regional innovation initiatives. + ``(2) Research grants.--The Secretary may award research grants + on a competitive basis to support and further the goals of the + program established under this section. + ``(3) Dissemination of information.--Data and analysis compiled + by the Secretary under the program established in this subsection + shall be made available to other Federal agencies, State and local + governments, and nonprofit and for-profit entities. + ``(4) Regional innovation grant program.--The Secretary shall + incorporate data and analysis relating to any grant awarded under + subsection (c) into the program established under this subsection. + ``(e) Interagency Coordination.-- + ``(1) In general.--To the maximum extent practicable, the + Secretary shall ensure that the activities carried out under this + section are coordinated with, and do not duplicate the efforts of, + other programs at the Department of Commerce or at other Federal + agencies. + ``(2) Collaboration.-- + ``(A) In general.--The Secretary shall explore and pursue + collaboration with other Federal agencies, including through + multi-agency funding opportunities, on regional innovation + strategies. + ``(B) Small businesses.--The Secretary shall ensure that + such collaboration with Federal agencies prioritizes the needs + and challenges of small businesses. + ``(f) Evaluation.-- + ``(1) In general.--Not later than 5 years after Congress first + appropriates funds to carry out this section, the Secretary shall + competitively award a contract with an independent entity to + conduct an evaluation of programs established under this section. + ``(2) Requirements.--The evaluation conducted under paragraph + (1) shall include-- + ``(A) an assessment of whether the program is achieving its + goals; + ``(B) the program's efficacy in providing awards to + geographically diverse entities; + ``(C) any recommendations for how the program may be + improved; and + ``(D) a recommendation as to whether the program should be + continued or terminated. + ``(g) Reporting Requirement.--Not later than 5 years after the +first grant is awarded under subsection (c), and every 5 years +thereafter until 5 years after the last grant recipient completes the +regional innovation initiative for which such grant was awarded, the +Secretary shall submit a summary report to Congress that describes the +outcome of each regional innovation initiative that was completed +during the previous 5 years. + ``(h) Funding.--From amounts appropriated by Congress to the +Secretary, the Secretary may use up to $50,000,000 in each of the +fiscal years 2020 through 2024 to carry out this section.''. +SEC. 1743. AVIATION WORKFORCE DEVELOPMENT. + (a) In General.--Section 625(c)(1) of the FAA Reauthorization Act +of 2018 (Public Law 115-254) is amended-- + (1) in subparagraph (C), by striking ``or'' after the + semicolon; + (2) in subparagraph (D), by striking the period and inserting + ``; or''; and + (3) by adding at the end the following: + ``(E) an organization representing aircraft users, aircraft + owners, or aircraft pilots.''. + (b) Effective Date.--The amendments made by subsection (a) shall +take effect as if included in the enactment of the FAA Reauthorization +Act of 2018 (Public Law 115-254). +SEC. 1744. OVERSIGHT OF DEPARTMENT OF DEFENSE EXECUTE ORDERS. + (a) Review of Execute Orders.--Not later than 30 days after +receiving a written request by the Chairman or Ranking Member of a +congressional defense committee, the Secretary of Defense shall provide +the committee, including appropriately designated staff of the +committee, with-- + (1) an execute order approved by the Secretary or the commander + of a combatant command for review; and + (2) a detailed briefing on such execute order. + (b) Exception.-- + (1) In general.--In extraordinary circumstances necessary to + protect operations security or the sensitivity of the execute + order, the Secretary may limit review of an execute order. A + determination that extraordinary circumstances exist for purposes + of this paragraph may only be made by the Secretary and the + decision to limit the review of an execute order may not be + delegated. + (2) Summary and other information.--In extraordinary + circumstances described in paragraph (1) with respect to an execute + order, within 30 days of receiving a written request under + subsection (a), the Secretary shall provide to the committee + concerned, including appropriately designated staff of the + committee-- + (A) a written explanation of the extraordinary + circumstances that led to the determination by the Secretary to + limit review of the execute order; and + (B) a detailed summary of the execute order and other + information necessary for the conduct of the oversight duties + of the committee. + (c) Quarterly Report.--Not later than 30 days after the date on +which the budget of the President is submitted to Congress under +section 1105(a) of title 31, United States Code, for fiscal year 2021 +and every 90 days thereafter, the Secretary of Defense shall submit to +the congressional defense committees a comprehensive report identifying +and summarizing all execute orders approved by the Secretary or the +commander of a combatant command in effect for the Department of +Defense as of the date of the report. +SEC. 1745. PROCESSES AND PROCEDURES FOR NOTIFICATIONS REGARDING SPECIAL +OPERATIONS FORCES. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall establish and +submit to the congressional defense committees processes and procedures +for providing notifications to the committees regarding members of +special operations forces, as identified in section 167(j) of title 10, +United States Code. + (b) Processes and Procedures.--The processes and procedures +established under subsection (a) shall-- + (1) clarify the roles and responsibilities of the Secretaries + of the military departments, the Assistant Secretary of Defense for + Special Operations and Low Intensity Conflict, and the Commander of + United States Special Operations Command; + (2) provide guidance relating to the types of matters that + would warrant congressional notification, including awards, + reprimands, incidents, and any other matters the Secretary + determines necessary; + (3) be consistent with the national security of the United + States; + (4) be designed to protect sensitive information during an + ongoing investigation; + (5) account for the privacy of members of the Armed Forces; and + (6) take in to account existing processes and procedures for + notifications to the congressional defense committees regarding + members of the conventional Armed Forces. +SEC. 1746. SECURING AMERICAN SCIENCE AND TECHNOLOGY. + (a) Interagency Working Group.-- + (1) In general.--The Director of the Office of Science and + Technology Policy, acting through the National Science and + Technology Council, in consultation with the National Security + Advisor, shall establish or designate an interagency working group + to coordinate activities to protect federally funded research and + development from foreign interference, cyber attacks, theft, or + espionage and to develop common definitions and best practices for + Federal science agencies and grantees, while accounting for the + importance of the open exchange of ideas and international talent + required for scientific progress and American leadership in science + and technology. + (2) Membership.-- + (A) In general.--The working group shall include at least + one representative of-- + (i) the National Science Foundation; + (ii) the Department of Energy; + (iii) the National Aeronautics and Space + Administration; + (iv) the Department of Commerce; + (v) the Department of Health and Human Services; + (vi) the Department of Defense; + (vii) the Department of Agriculture; + (viii) the Department of Education; + (ix) the Department of State; + (x) the Department of the Treasury; + (xi) the Department of Justice; + (xii) the Department of Homeland Security; + (xiii) the Central Intelligence Agency; + (xiv) the Office of the Director of National + Intelligence; + (xv) the Office of Management and Budget; + (xvi) the National Economic Council; and + (xvii) such other Federal department or agency as the + President considers appropriate. + (B) Chair.--The working group shall be chaired by the + Director of the Office of Science and Technology Policy (or the + Director's designee). + (3) Responsibilities of the working group.--The working group + established under paragraph (1) shall-- + (A) identify known and potential cyber, physical, and human + intelligence threats and vulnerabilities within the United + States scientific and technological enterprise; + (B) coordinate efforts among agencies to share and update + important information, including specific examples of foreign + interference, cyber attacks, theft, or espionage directed at + federally funded research and development or the integrity of + the United States scientific enterprise; + (C) identify and assess existing mechanisms for protection + of federally funded research and development; + (D) develop an inventory of-- + (i) terms and definitions used across Federal science + agencies to delineate areas that may require additional + protection; and + (ii) policies and procedures at Federal science + agencies regarding protection of federally funded research; + and + (E) develop and periodically update unclassified + recommendations for policy guidance to assist Federal science + agencies and grantees in defending against threats to federally + funded research and development and the integrity of the United + States scientific enterprise that-- + (i) includes-- + + (I) descriptions of known and potential threats to + federally funded research and development and the + integrity of the United States scientific enterprise; + (II) common definitions and terminology for + categorization of research and technologies that are + protected; + (III) identified areas of research or technology + that might require additional protection; + (IV) recommendations for how control mechanisms can + be utilized to protect federally funded research and + development from foreign interference, cyber attacks, + theft or espionage, including any recommendations for + updates to existing control mechanisms; + (V) recommendations for best practices for Federal + science agencies, universities, and grantees to defend + against threats to federally funded research and + development, including coordination and harmonization + of any relevant reporting requirements that Federal + science agencies implement for grantees, and by + providing such best practices with grantees and + universities at the time of awarding such grants or + entering into research contracts; + (VI) a remediation plan for grantees and + universities to mitigate the risks regarding such + threats before research grants or contracts are + cancelled because of such threats; + (VII) recommendations for providing opportunities + and facilities for academic researchers to perform + controlled and classified research in support of + Federal missions; + (VIII) assessments of potential consequences that + any proposed practices would have on international + collaboration and United States leadership in science + and technology; and + (IX) a classified addendum as necessary to further + inform Federal science agency decisionmaking; and + + (ii) accounts for the range of needs across different + sectors of the United States science and technology + enterprise. + (4) Policy guidance.--Not later than 270 days after the date of + the enactment of this Act, the Director of the Office of Science + and Technology Policy, in consultation with the working group + established under paragraph (1), shall-- + (A) develop and issue policy guidance to Federal science + agencies with more than $100,000,000 in extramural research in + fiscal year 2018 to protect against threats to federally funded + research and the United States science enterprise, including + foreign interference, cyber attacks, theft, or espionage; and + (B) encourage consistency in the policies developed by + Federal science agencies with more than $100,000,000 in + extramural research in fiscal year 2018, as appropriate, and + factoring in the potential range of applications across + different areas of science and technology. + (5) Coordination with national academies roundtable.--The + Director of the Office of Science and Technology Policy shall + coordinate with the Academies to ensure that at least one member of + the interagency working group is also a member of the roundtable + under subsection (b). + (6) Interim report.--Not later than six months after the date + of enactment of this Act, the Director of the Office of Science and + Technology Policy shall provide a report to the relevant committees + that includes the inventory required under paragraph (3)(D), and an + update on progress toward developing the policy guidance required + under paragraphs (3)(E) and (4), as well as any additional + activities undertaken by the working group in that time. + (7) Biennial reporting.--Two years after the date of enactment + of this Act, and at least every two years thereafter, the Director + of the Office of Science and Technology Policy shall provide a + summary report to the relevant committees on the activities of the + working group and the most current version of the policy guidance + required under paragraph (4). + (8) Termination.--The working group established or designated + under paragraph (1) shall terminate on the date that is ten years + after the date on which such working group is established or + designated. + (b) National Academies Science, Technology and Security +Roundtable.-- + (1) In general.--The National Science Foundation, the + Department of Energy, and the Department of Defense, and any other + agencies as determined by the Director of the Office of Science and + Technology Policy, shall enter into a joint agreement with the + Academies to create a new ``National Science, Technology, and + Security Roundtable'' (hereinafter in this subsection referred to + as the ``roundtable''). + (2) Participants.--The roundtable shall include senior + representatives and practitioners from Federal science, + intelligence, and national security agencies, law enforcement, as + well as key stakeholders in the United States scientific enterprise + including institutions of higher education, Federal research + laboratories, industry, and non-profit research organizations. + (3) Purpose.--The purpose of the roundtable is to facilitate + among participants-- + (A) exploration of critical issues related to protecting + United States national and economic security while ensuring the + open exchange of ideas and international talent required for + scientific progress and American leadership in science and + technology; + (B) identification and consideration of security threats + and risks involving federally funded research and development, + including foreign interference, cyber attacks, theft, or + espionage; + (C) identification of effective approaches for + communicating the threats and risks identified in subparagraph + (b) to the academic and scientific community, including through + the sharing of unclassified data and relevant case studies; + (D) sharing of best practices for addressing and mitigating + the threats and risks identified in subparagraph (B); and + (E) examination of potential near- and long-term responses + by the Government and the academic and scientific community to + mitigate and address the risks associated with foreign threats. + (4) Report and briefing.--The joint agreement under paragraph + (1) shall specify that-- + (A) the roundtable shall periodically organize workshops + and issue publicly available reports on the topics described in + paragraph (3) and the activities of the roundtable; + (B) not later than March 1, 2020, the Academies shall + provide a briefing to the relevant committees on the progress + and activities of the roundtable; and + (C) the Academies shall issue a final report on its + activities to the relevant committees before the end of fiscal + year 2024. + (5) Termination.--The roundtable shall terminate on September + 30, 2024. + (c) Definitions.--In this section: + (1) The term ``Academies'' means the National Academies of + Science, Engineering and Medicine. + (2) The term ``Federal science agency'' means any Federal + agency with at least $100,000,000 in basic and applied research + obligations in fiscal year 2018. + (3) The term ``grantee'' means an entity that is-- + (A) a recipient or subrecipient of a Federal grant or + cooperative agreement; and + (B) an institution of higher education or a non-profit + organization. + (4) The term ``relevant committees'' means-- + (A) the Committee on Science, Space, and Technology of the + House of Representatives; + (B) the Committee on Commerce, Science, and Transportation + of the Senate; + (C) the Committee on Armed Services of the House of + Representatives; + (D) the Committee on Armed Services of the Senate; and + (E) the Committee on Homeland Security and Governmental + Affairs of the Senate. +SEC. 1747. STANDARDIZED POLICY GUIDANCE FOR CALCULATING AIRCRAFT +OPERATION AND SUSTAINMENT COSTS. + Not later than 270 days after the date of the enactment of this +Act, the Under Secretary of Defense for Acquisition and Sustainment, in +coordination with the Director of Cost Analysis and Program Evaluation +and in consultation with the Secretary of each of the military +services, shall develop and implement standardized policy guidance for +calculating aircraft operation and sustainment costs for the Department +of Defense. Such guidance shall provide for a standardized calculation +of-- + (1) aircraft cost per flying hour; + (2) aircraft cost per aircraft tail per year; + (3) total cost of ownership per flying hour for aircraft + systems; + (4) average annual operation and sustainment cost per aircraft; + and + (5) any other cost metrics the Under Secretary of Defense + determines appropriate. +SEC. 1748. SPECIAL FEDERAL AVIATION REGULATION WORKING GROUP. + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the Secretary of Defense, the Secretary of +Transportation, and the Secretary of State, shall jointly establish a +Special Federal Aviation Regulation (in this section referred to as the +``SFAR'') interagency working group to review the current options for +the Department of Defense to use contracted United States civil +aviation to provide support for Department of Defense missions in areas +where a Federal Aviation Administration SFAR is in effect. + (b) Duties.--The working group shall-- + (1) analyze all options currently available for the Department + of Defense to use contracted United States civil aviation to + provide support for Department of Defense missions in areas where a + Federal Aviation Administration SFAR is in effect; + (2) review existing processes of the Department of Defense, the + Federal Aviation Administration, and the Department of State, with + respect to the Department of Defense's use of contracted United + States civil aviation in areas where a Federal Aviation + Administration SFAR is in effect; + (3) identify any issues, inefficiencies, or concerns with the + existing options and processes, including safety of flight, legal + considerations, mission delivery, and security considerations; and + (4) develop recommendations, if any, to improve existing + processes or expand the options available for the Department of + Defense to use contracted United States civil aviation to provide + support to Department of Defense missions in areas where a Federal + Aviation Administration SFAR is in effect. + (c) Members.-- + (1) Appointment.--The Secretary of Defense, the Secretary of + Transportation, and the Secretary of State shall each appoint not + more than 5 members to the working group with expertise in civil + aviation safety, state aircraft operations, the provision of + contracted aviation support to the Department of Defense, and the + coordination of such efforts between the Department of Defense, the + Department of State, and the Federal Aviation Administration. The 5 + members appointed by the Secretary of Transportation shall include + at least 3 members from the Federal Aviation Administration. + (2) Qualifications.--All working group members shall be full- + time employees of the Federal Government with appropriate security + clearances to allow discussion of all classified information and + materials necessary to fulfill the working group's duties pursuant + to subsection (b). + (d) Report.--Not later than 1 year after the date it is +established, the working group shall submit a report on its findings +and any recommendations developed pursuant to subsection (b) to the +congressional defense committees, the Committee on Commerce, Science, +and Transportation of the Senate, and the Committee on Transportation +and Infrastructure of the House of Representatives. + (e) Termination.--The working group shall terminate 90 days after +the date the report is submitted under subsection (d). + (f) Definitions.--In this section the following definitions apply: + (1) The term ``United States civil aviation'' means-- + (A) United States air carriers and United States commercial + operators; + (B) persons exercising the privileges of an airman + certificate issued by the FAA, except such persons operating + United States-registered aircraft for a foreign air carrier; + and + (C) operators of civil aircraft registered in the United + States, except where the operator of such aircraft is a foreign + air carrier. + (2) The term ``Federal Aviation Administration SFAR'' means the + Special Federal Aviation Regulation included under subpart M of + part 91 of title 14, Code of Federal Regulations. +SEC. 1749. PROHIBITION ON NAMES RELATED TO THE CONFEDERACY. + (a) Prohibition on Names Related to the Confederacy.--In naming a +new asset or renaming an existing asset, the Secretary of Defense or +the Secretary of a military department may not give a name to an asset +that refers to, or includes a term referring to, the Confederate States +of America (commonly referred to as the ``Confederacy''), including any +name referring to-- + (1) a person who served or held leadership within the + Confederacy; or + (2) a Confederate battlefield victory. + (b) Asset Defined.--In this section, the term ``asset'' includes +any base, installation, facility, aircraft, ship, equipment, or any +other property owned or controlled by the Department of Defense or a +military department. + (c) Savings Clause.--Nothing in this section may be construed as +requiring a Secretary concerned to initiate a review of previously +named assets. +SEC. 1750. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM. + Of the funds authorized to be appropriated by this Act for fiscal +year 2020 for the Department of Defense, the Secretary of Defense may +contribute up to $5,000,000 to support the National Maritime Heritage +Grants Program established under section 308703 of title 54, United +States Code. +SEC. 1751. SUPPORT FOR WORLD LANGUAGE ADVANCEMENT AND READINESS. + (a) Program Authority.-- + (1) In general.--The Secretary of Defense, in consultation with + the Director of National Intelligence and the Secretary of + Education, may carry out a program under which the Secretary may + provide support to eligible entities for the establishment, + improvement, or expansion of world language study for elementary + school and secondary school students. + (2) Special requirements for local educational agencies.--In + providing support under paragraph (1) to an eligible entity that is + a local educational agency, the Secretary of Defense shall support + programs that-- + (A) show the promise of being continued after such support + is no longer available; + (B) demonstrate approaches that can be disseminated to and + duplicated in other local educational agencies; and + (C) may include a professional development component. + (3) Applications.-- + (A) In general.--To be considered for support under + paragraph (1), an eligible entity shall submit an application + to the Secretary of Defense at such time, in such manner, and + containing such information and assurances as the Secretary may + require. + (B) Special consideration.--The Secretary of Defense shall + give special consideration to applications describing programs + that-- + (i) include intensive summer world language programs + for professional development of world language teachers; + (ii) link nonnative English speakers in the community + with the schools in order to promote two-way language + learning; + (iii) promote the sequential study of a world language + for students, beginning in elementary schools; + (iv) make effective use of technology, such as + computer-assisted instruction, language laboratories, or + distance learning, to promote world language study; + (v) promote innovative activities, such as dual + language immersion, partial world language immersion, or + content-based instruction; and + (vi) are carried out through a consortium comprised of + the eligible entity receiving the grant, an elementary + school or secondary school, and an institution of higher + education (as that term is defined in section 101 of the + Higher Education Act of 1965 (20 U.S.C. 1001)). + (b) Definitions.--In this section: + (1) Eligible entity.--The term ``eligible entity'' means the + following: + (A) A local educational agency that hosts a unit of the + Junior Reserve Officers' Training Corps. + (B) A school operated by the Department of Defense + Education Activity. + (2) Esea terms.--The terms ``elementary school'', ``local + educational agency'' and ``secondary school'' have the meanings + given the terms in section 8101 of the Elementary and Secondary + Education Act of 1965 (20 U.S.C. 7801). + (3) World language.--The term ``world language'' means-- + (A) any natural language other than English, including-- + (i) languages determined by the Secretary of Defense to + be critical to the national security interests of the + United States; + (ii) classical languages; + (iii) American sign language; and + (iv) Native American languages; and + (B) any language described in subparagraph (A) that is + taught in combination with English as part of a dual language + or immersion learning program. +SEC. 1752. DESIGNATION OF DEPARTMENT OF DEFENSE STRATEGIC ARCTIC PORTS. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the Arctic is a region of strategic importance to the + national security interests of the United States and the Department + of Defense must better align its presence, force posture, and + capabilities to meet the growing array of challenges in the region; + and + (2) although much progress has been made to increase awareness + of Arctic issues and to promote increased presence in the region, + additional measures, including the designation of one or more + strategic Arctic ports, are needed to show the commitment of the + United States to this emerging strategic choke point of future + great power competition. + (b) Report Required.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Defense, in consultation + with the Chairman of the Joint Chiefs of Staff, the Commanding + General of the United States Army Corps of Engineers, the + Commandant of the Coast Guard, and the Administrator of the + Maritime Administration, shall submit to the congressional defense + committees a report evaluating potential sites for one or more + strategic ports in the Arctic. + (2) Elements.--Consistent with the updated military strategy + for the protection of United States national security interests in + the Arctic region set forth in the report required under section + 1071 of the National Defense Authorization Act for Fiscal Year 2019 + (Public Law 114-92; 129 Stat. 992), the report required under + paragraph (1) shall include-- + (A) an evaluation of the amount of sufficient and suitable + space needed to create capacity for port and other necessary + infrastructure for at least one of each of type of Navy or + Coast Guard vessel, including an Arleigh Burke class destroyer + of the Navy, a national security cutter, and a heavy polar ice + breaker of the Coast Guard; + (B) an evaluation of the amount of sufficient and suitable + space needed to create capacity for equipment and fuel storage, + technological infrastructure, and civil infrastructure to + support military and civilian operations, including-- + (i) aerospace warning; + (ii) maritime surface and subsurface warning; + (iii) maritime control and defense; + (iv) maritime domain awareness; + (v) homeland defense; + (vi) defense support to civil authorities; + (vii) humanitarian relief; + (viii) search and rescue; + (ix) disaster relief; + (x) oil spill response; + (xi) medical stabilization and evacuation; and + (xii) meteorological measurements and forecasting; + (C) an identification of proximity and road access required + to an airport designated as a commercial service airport by the + Federal Aviation Administration that is capable of supporting + military and civilian aircraft for operations designated in + subparagraph (B); + (D) a description of the requirements, to include + infrastructure and installations, communications, and logistics + necessary to improve response effectiveness to support military + and civilian operations described in subparagraph (B); + (E) an identification of the sites that the Secretary + recommends as potential sites for designation as Department of + Defense Strategic Arctic Ports; + (F) the estimated cost of sufficient construction necessary + to initiate and sustain expected operations at such sites; and + (G) such other information as the Secretary deems relevant. + (c) Designation of Strategic Arctic Ports.--Not later than 90 days +after the date on which the report required under subsection (b) is +submitted, the Secretary of Defense, in consultation with the Chairman +of the Joint Chiefs of Staff, the Commanding General of the United +States Army Corps of Engineers, the Commandant of the Coast Guard, and +the Administrator of the Maritime Administration, may designate one or +more ports as Department of Defense Strategic Arctic Ports from the +sites identified under subsection (b)(2)(E). + (d) Rule of Construction.--Nothing in this section may be construed +to authorize any additional appropriations for the Department of +Defense for the establishment of any port designated pursuant to this +section. + (e) Arctic Defined.--In this section, the term ``Arctic'' has the +meaning given that term in section 112 of the Arctic Research and +Policy Act of 1984 (15 U.S.C. 4111). +SEC. 1753. INDEPENDENT STUDIES REGARDING POTENTIAL COST SAVINGS WITH +RESPECT TO THE NUCLEAR SECURITY ENTERPRISE AND FORCE STRUCTURE . + (a) Review of Nuclear Deterrence Postures.-- + (1) In general.--The Secretary of Defense shall seek to enter + into agreements with two federally funded research and development + centers for the conduct of independent reviews of alternative + defense postures that achieve United States national security + objectives and could produce cost savings. Each such review shall + include-- + (A) alternative nuclear deterrence postures to achieve + national security objectives, including two alternatives with + reduced and increased force posture levels; + (B) the options for and cost impacts resulting from changes + to force structure, active and reserve component balance, + domestic and overseas basing, and other impacts resulting from + potential challenges to foundational planning assumptions to + achieve national security objectives; + (C) the potential cost savings from alterations to the + current balance between the military and civilian workforces; + and + (D) options for reducing service contracts in the + Department of Defense. + (2) Cost data.--A federally funded research and development + center that conducts a review pursuant to paragraph (1) shall + standardize cost data through the use of Department of Defense cost + estimation methodologies and may make reference to appropriate + national security policy documents. + (3) Access to classified information.--The Secretary of Defense + shall provide to such a center classified information on threat + capability developments, plans, and intentions of China, Russia, + North Korea, Iran, and violent extremist organizations. + (b) Report and Briefings.-- + (1) Briefing on cost savings.--Not later than February 1, 2020, + the Comptroller General of the United States shall provide to the + congressional defense committees a briefing on the recommendations + of the Comptroller General with respect to cost savings in the + Department of Defense. + (2) Briefing on efficiency initiatives.--Not later than + February 1, 2020, the Comptroller General of the United States + shall provide to the congressional defense committees a briefing on + the recommendations of the Comptroller General with respect to the + efficiency initiatives undertaken by the Office of the Chief + Management Officer of the Department of Defense. + (3) Report.--Subsequent to providing the briefing under + paragraph (2), the Comptroller General shall submit to the + congressional defense committees a report on the matters covered by + the briefing. +SEC. 1754. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON COLLECTIVE +SELF-DEFENSE. + (a) Comprehensive Policy Required.--The Secretary of Defense shall +prescribe a comprehensive written policy for the Department of Defense +on the issuance of authorization for, and the provision by members and +units of the United States Armed Forces of, collective self-defense to +designated foreign nationals, their facilities, and their property. + (b) Elements.--The policy required by subsection (a) shall address +the following: + (1) Each basis under domestic and international law pursuant to + which a member or unit of the United States Armed Forces has been + or may be authorized to provide collective self-defense to + designated foreign nationals, their facilities, or their property + under each circumstance as follows: + (A) Inside an area of active hostilities, or in a country + or territory in which United States forces are authorized to + conduct or support direct action operations. + (B) Outside an area of active hostilities, or in a country + or territory in which United States forces are not authorized + to conduct direct action military operations. + (C) When United States personnel, facilities, or equipment + are not threatened, including both as described in subparagraph + (A) and as described in subparagraph (B). + (D) When members of the United States Armed Forces are not + participating in a military operation as part of an + international coalition. + (E) Any other circumstance not encompassed by subparagraphs + (A) through (D) in which a member or unit of the United States + Armed Forces has been or may be authorized to provide such + collective self-defense. + (2) A list and explanation of any limitations imposed by law or + policy on the provision of collective self-defense to designated + foreign nationals, their facilities, and their property under any + of the bases in domestic or international law in the circumstances + enumerated in paragraph (1), and the conditions under which any + such limitation applies. + (3) The procedure by which a proposal that any member or unit + of the United States Armed Forces provide collective self-defense + in support of designated foreign nationals, their facilities, and + their property is to be submitted, processed, and endorsed through + offices, officers, and officials of the Department to the + applicable approval authority for final decision, and a list of any + information, advice, or opinion to be included with such proposal + in order to inform appropriate action on such proposal by such + approval authority. + (4) The title and duty position of any officers and officials + of the Department empowered to render a final decision on a + proposal described in paragraph (3), and the conditions applicable + to, and limitations on, the exercise of such decisionmaking + authority by each such officer or official. + (5) A description of the Rules of Engagement applicable to the + provision of collective self-defense to designated foreign + nationals, their facilities, and their property under any of the + bases in domestic or international law in the circumstances + enumerated in paragraph (1), and the conditions under which any + such Rules of Engagement would be modified. + (6) A description of the process through which policy guidance + pertaining to the authorization for, and the provision by members + of the United States Armed Forces of, collective self-defense to + designated foreign nationals, their facilities, and their property + is to be disseminated to the level of tactical execution. + (7) Such other matters as the Secretary considers appropriate. + (c) Report on Policy.-- + (1) In general.--Not later than 60 days after the date of the + enactment of this Act, the Secretary shall submit to the + congressional defense committees a report setting forth the policy + required by subsection (a). + (2) DoD general counsel statement.--The Secretary shall include + in the report under paragraph (1) a statement by the General + Counsel of the Department of Defense as to whether the policy + prescribed pursuant to subsection (a) is consistent with domestic + and international law. + (3) Form.--The report required by paragraph (1) may be + submitted in classified form. + (d) Briefing on Policy.--Not later than 30 days after the date of +the submittal of the report required by subsection (c), the Secretary +shall provide the congressional defense committees a classified +briefing on the policy prescribed pursuant to subsection (a). The +briefing shall make use of vignettes designated to illustrate real +world application of the policy in each the circumstances enumerated in +subsection (b)(1). +SEC. 1755. POLICY REGARDING THE TRANSITION OF DATA AND APPLICATIONS TO +THE CLOUD. + (a) Policy Required.--Not later than 180 days after the date of the +enactment of this Act, the Chief Information Officer of the Department +of Defense and the Chief Data Officer of the Department shall, in +consultation with the J6 of the Joint Staff and the Chief Management +Officer, develop and issue enterprise-wide policy and implementing +instructions regarding the transition of data and applications to the +cloud under the Department cloud strategy in accordance with subsection +(b). + (b) Design.--The policy required by subsection (a) shall be +designed to dramatically improve support to operational missions and +management processes, including by the use of artificial intelligence +and machine learning technologies, by-- + (1) making the data of the Department available to support new + types of analyses; + (2) preventing, to the maximum extent practicable, the + replication in the cloud of data stores that cannot readily be + accessed by applications for which the data stores were not + originally engineered; + (3) ensuring that data sets can be readily discovered and + combined with others to enable new insights and capabilities; and + (4) ensuring that data and applications are readily portable + and not tightly coupled to a specific cloud infrastructure or + platform. +SEC. 1756. 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 ``appropriate congressional committees'' means-- + (A) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (B) the Committee on Transportation and Infrastructure of + the House of Representatives; and + (C) the Committee on Homeland Security of the House of + Representatives; + (4) 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); + (5) the term ``Secretary'' means the Secretary of Homeland + Security; and + (6) 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 circumstances 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) Advice to the administrator.--In accordance with the + Federal Advisory Committee Act (5 U.S.C. App.), the Administrator + may obtain advice from a single individual or non-consensus advice + from each of the several members of a group without invoking that + Act. + (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.--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.--On and after the date that is 60 days after +the date on which the Administrator issues the requirements developed +under subsection (b)(1), any new memorandum of understanding entered +into between the Agency and a State, Tribal, or local government with +respect to the public alert and warning system shall comply with those +requirements. + (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 + appropriate congressional committees 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; + (iv) the Committee on Transportation and Infrastructure + of the House of Representatives; and + (v) 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 appropriate congressional committees a report + describing-- + (A) the impact on utilization of the public alert and + warning system lab by State, Tribal, and local governments, + with particular attention given to the impact on utilization in + rural areas, 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 appropriate congressional committees 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) Reporting False Alerts.--Not later than 15 days after the date +on which a State, Tribal, or local government official transmits a +false alert under the public alert and warning system, the +Administrator shall report to the appropriate congressional committees +on-- + (1) the circumstances surrounding the false alert; + (2) the content, cause, and population impacted by the false + alert; and + (3) any efforts to mitigate any negative impacts of the false + alert. + (j) Reporting Participation Rates.--The Administrator shall, on an +annual basis, report to the appropriate congressional committees on-- + (1) participation rates in the public alert and warning system; + and + (2) any efforts to expand alert, warning, and interoperable + communications to rural and underserved areas. + (k) 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. +SEC. 1757. IMPROVING QUALITY OF INFORMATION IN BACKGROUND INVESTIGATION +REQUEST PACKAGES. + (a) Report on Metrics and Best Practices.--Not later than 180 days +after the date of the enactment of this Act, the Director of the +Defense Counterintelligence and Security Agency, which serves as the +primary executive branch service provider for background investigations +for eligibility for access to classified information, eligibility to +hold a sensitive position, and for suitability and fitness for other +matters pursuant to Executive Order 13467 (50 U.S.C. 3161 note; +relating to reforming processes related to suitability for Government +employment, fitness for contractor employees, and eligibility for +access to classified national security information), shall, in +consultation with the Security, Suitability, and Credentialing +Performance Accountability Council established under such executive +order, submit to Congress a report on-- + (1) metrics for assessing the completeness and quality of + packages for background investigations submitted by agencies + requesting background investigations from the Defense + Counterintelligence and Security Agency; + (2) rejection rates of background investigation submission + packages due to incomplete or erroneous data, by agency; and + (3) best practices for ensuring full and complete information + in background investigation requests. + (b) Annual Report on Performance.--Not later than 270 days after +the date of the enactment of this Act and not less frequently than once +each year thereafter, the Security, Suitability, and Credentialing +Performance Accountability Council shall submit to Congress a report on +performance against the metrics and return rates identified in +paragraphs (1) and (2) of subsection (a). + (c) Improvement Plans.-- + (1) Identification.--Not later than one year after the date of + the enactment of this Act, executive agents under Executive Order + 13467 (50 U.S.C. 3161 note) shall identify agencies in need of + improvement with respect to the quality of the information in the + background investigation submissions of the agencies as reported in + subsection (b). + (2) Plans.--Not later than 90 days after an agency is + identified under paragraph (1), the head of the agency shall + provide the executive agents referred to in such paragraph with a + plan to improve the performance of the agency with respect to the + quality of the information in the agency's background investigation + submissions. +SEC. 1758. PAROLE IN PLACE FOR MEMBERS OF THE ARMED FORCES AND CERTAIN +MILITARY DEPENDENTS. + (a) In General.--In evaluating a request from a covered individual +for parole in place under section 212(d)(5) of the Immigration and +Nationality Act (8 U.S.C. 1182(d)(5)), the Secretary of Homeland +Security shall consider, on a case-by-case basis, whether granting the +request would enable military family unity that would constitute a +significant public benefit. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) parole in place reinforces the objective of military family + unity; + (2) except as required in furtherance of the missions of the + Armed Forces, disruption to military family unity should be + minimized in order to enhance military readiness and allow members + of the Armed Forces to focus on the faithful execution of their + military missions and objectives, with peace of mind regarding the + well-being of their family members; and + (3) the importance of the parole in place authority of the + Secretary of Homeland Security is reaffirmed. + (c) Covered Individual Defined.--In this section, the term +``covered individual'' means an alien who-- + (1) is a member of the Armed Forces; + (2) is the spouse, son, or daughter of a member of the Armed + Forces; + (3) is the parent of a member of the Armed Forces who supports + the request of such parent for parole in place; or + (4) is the widow, widower, parent, son, or daughter of a + deceased member of the Armed Forces. +SEC. 1759. REPORT ON REDUCING THE BACKLOG IN LEGALLY REQUIRED +HISTORICAL DECLASSIFICATION OBLIGATIONS OF THE DEPARTMENT OF DEFENSE. + (a) Report.--Not later than 120 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report detailing the progress made by the Secretary +toward reducing the backlog in legally required historical +declassification obligations of the Department of Defense. + (b) Elements.--The report under subsection (a) shall include, with +respect to the Department of Defense, the following: + (1) A plan to achieve legally mandated historical + declassification requirements and reduce backlogs. + (2) A plan to incorporate new technologies, such as artificial + intelligence, that would increase productivity and reduce cost in + implementing the plan under paragraph (1). + (3) A detailed assessment of the documents released in each of + the proceeding three years before the date of the report, broken + out by program, such as the 25 and 50 year programs. + (4) A detailed assessment of the documents awaiting review for + release and an estimate of how many documents will be released in + each of the next three years. + (5) Potential policy, resource, and other options available to + the Secretary to reduce backlogs. + (6) The progress and objectives of the Secretary with respect + to the release of documents for publication in the Foreign + Relations of the United States series or to facilitate the public + accessibility of such documents at the National Archives, + presidential libraries, or both. + (c) Form and Availability.--The report under subsection (a) shall +be submitted in unclassified form, which shall be made publicly +available, but may include a classified annex. +SEC. 1760. MILITARY TYPE CERTIFICATION FOR LIGHT ATTACK EXPERIMENTATION +AIRCRAFT. + The Secretary of the Air Force shall make available and conduct +military type certifications for light attack experimentation aircraft +as needed, pursuant to the Department of Defense Directive on Military +Type Certificates, 5030.61. + + DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS + +Sec. 2001. Short title. +Sec. 2002. Expiration of authorizations and amounts required to be + specified by law. +Sec. 2003. Effective date. +SEC. 2001. SHORT TITLE. + This division may be cited as the ``Military Construction +Authorization Act for Fiscal Year 2020''. +SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE +SPECIFIED BY LAW. + (a) Expiration of Authorizations After Five Years.--Except as +provided in subsection (b), all authorizations contained in titles XXI +through XXVII and title XXIX for military construction projects, land +acquisition, family housing projects and facilities, and contributions +to the North Atlantic Treaty Organization Security Investment Program +(and authorizations of appropriations therefor) shall expire on the +later of-- + (1) October 1, 2024; or + (2) the date of the enactment of an Act authorizing funds for + military construction for fiscal year 2025. + (b) Exception.--Subsection (a) shall not apply to authorizations +for military construction projects, land acquisition, family housing +projects and facilities, and contributions to the North Atlantic Treaty +Organization Security Investment Program (and authorizations of +appropriations therefor), for which appropriated funds have been +obligated before the later of-- + (1) October 1, 2024; or + (2) the date of the enactment of an Act authorizing funds for + fiscal year 2025 for military construction projects, land + acquisition, family housing projects and facilities, or + contributions to the North Atlantic Treaty Organization Security + Investment Program. +SEC. 2003. EFFECTIVE DATE. + Titles XXI through XXVII and title XXIX shall take effect on the +later of-- + (1) October 1, 2019; or + (2) the date of the enactment of this Act. + + TITLE XXI--ARMY MILITARY CONSTRUCTION + +Sec. 2101. Authorized Army construction and land acquisition projects. +Sec. 2102. Family housing. +Sec. 2103. Authorization of appropriations, Army. +Sec. 2104. Modification of authority to carry out certain fiscal year + 2019 projects. +SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + (a) Inside the United States.--Using amounts appropriated pursuant +to the authorization of appropriations in section 2103(a) and available +for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: - Army: Inside the United States ----------------------------------------------------------------------------------------------------------------- - State Installation Amount ----------------------------------------------------------------------------------------------------------------- -Alabama..................................... Redstone Arsenal................................. $38,000,000 -Colorado.................................... Fort Carson...................................... $71,000,000 -Georgia..................................... Fort Gordon...................................... $107,000,000 - Hunter Army Airfield............................. $62,000,000 -Kentucky.................................... Fort Campbell.................................... $61,300,000 -Massachusetts............................... Soldier Systems Center Natick.................... $50,000,000 -Michigan.................................... Detroit Arsenal.................................. $24,000,000 -New York.................................... Fort Drum........................................ $44,000,000 -North Carolina.............................. Fort Bragg....................................... $12,500,000 -Oklahoma.................................... Fort Sill........................................ $73,000,000 -Pennsylvania................................ Carlisle Barracks................................ $98,000,000 -South Carolina.............................. Fort Jackson..................................... $88,000,000 -Texas....................................... Corpus Christi Army Depot........................ $86,000,000 - Fort Hood........................................ $50,500,000 -Virginia.................................... Fort Belvoir..................................... $60,000,000 - Joint Base Langley-Eustis........................ $55,000,000 -Washington.................................. Joint Base Lewis-McChord......................... $46,000,000 ----------------------------------------------------------------------------------------------------------------- + + Army: Inside the United States +------------------------------------------------------------------------ + State Installation Amount +------------------------------------------------------------------------ +Alabama....................... Redstone Arsenal...... $38,000,000 +Colorado...................... Fort Carson........... $71,000,000 +Georgia....................... Fort Gordon........... $107,000,000 + Hunter Army Airfield.. $62,000,000 +Kentucky...................... Fort Campbell......... $61,300,000 +Massachusetts................. U.S. Army Natick $50,000,000 + Soldier Systems + Center............... +Michigan...................... Detroit Arsenal....... $24,000,000 +New York...................... Fort Drum............. $44,000,000 +North Carolina................ Fort Bragg............ $12,500,000 +Oklahoma...................... Fort Sill............. $73,000,000 +Pennsylvania.................. Carlisle Barracks..... $98,000,000 +South Carolina................ Fort Jackson.......... $88,000,000 +Texas......................... Corpus Christi Army $86,000,000 + Depot................ + Fort Hood............. $50,500,000 +Virginia...................... Fort Belvoir.......... $60,000,000 + Joint Base Langley- $55,000,000 + Eustis............... +Washington.................... Joint Base Lewis- $46,000,000 + McChord.............. +------------------------------------------------------------------------ + (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the -Army may acquire real property and carry out military construction +Army may acquire real property and carry out the military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: - Army: Outside the United States ----------------------------------------------------------------------------------------------------------------- - Country Installation Amount ----------------------------------------------------------------------------------------------------------------- -Honduras...................................... Soto Cano Air Base............................. $34,000,000 -Japan......................................... Kadena Air Base................................ $80,000,000 ----------------------------------------------------------------------------------------------------------------- -SEC. 2102. FAMILY HOUSING. + Army: Outside the United States +------------------------------------------------------------------------ + Country Installation Amount +------------------------------------------------------------------------ +Honduras..................... Soto Cano Air Base...... $34,000,000 +Kwajalein.................... Kwajalein Atoll......... $40,000,000 +------------------------------------------------------------------------ + + (c) Study of Near-term Facility Alternatives to House High Value +Detainees.-- + (1) Study required.--The Secretary of Defense shall conduct a + study of alternatives to meet the near-term facility requirements + to safely and humanely house high value detainees current detained + at Naval Station Guantanamo Bay, Cuba. As part of the study, the + Secretary shall consider the following alternatives: + (A) The construction of new facilities. + (B) The repair of current facilities. + (C) The renovation and repurposing of other facilities at + Naval Station Guantanamo Bay, Cuba. + (D) Such other alternatives as the Secretary considers + practicable. + (2) Submission of results.--Not later than 90 days after the + date of the enactment of this Act, the Secretary of Defense shall + submit to the congressional defense committees a report containing + the results of the study conducted under paragraph (1). The report + shall be unclassified, but may include a classified annex. +SEC. 2102. FAMILY HOUSING. (a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and -supporting facilities) at the installations or locations, in the number -of units, and in the amounts set forth in the following table: +supporting facilities) at the installation, and in the amount, set +forth in the following table: + Army: Family Housing ---------------------------------------------------------------------------------------------------------------- - State/Country Installation or Location Units Amount + State/Country Installation Units Amount ---------------------------------------------------------------------------------------------------------------- -Pennsylvania........................... Tobyhanna Army Depot....... Family Housing $19,000,000 - Replacement Construction +Pennsylvania............................ Tobyhanna Army Depot..... Family Housing Replacement $19,000,000 + Construction............. ---------------------------------------------------------------------------------------------------------------- + (b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table @@ -17944,9 +36572,7 @@ in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $9,222,000. - SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family @@ -17958,20 +36584,33 @@ Notwithstanding the cost variations authorized by section 2853 of title the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. - SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2019 PROJECT. - - In the case of the authorization contained in the table in section -2101(a) of the Military Construction Authorization Act for Fiscal Year -2019 (division B of Public Law 115-232) for Anniston Army Depot, -Alabama, for construction of a weapon maintenance shop, the Secretary -of the Army may construct a 21,000 square foot weapon maintenance shop. +2019 PROJECTS. + (a) Anniston Army Depot, Alabama.--In the case of the authorization +contained in the table in section 2101(a) of the National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +2241) for Anniston Army Depot, Alabama, for construction of a weapon +maintenance shop, as specified in the funding table in section 4601 of +such Act (132 Stat. 2401), the Secretary of the Army may construct a +21,000-square foot weapon maintenance shop. + (b) United States Military Academy, New York.--The table in section +2101(a) of the National Defense Authorization Act for Fiscal Year 2019 +(Public Law 115-232; 132 Stat. 2241) is amended in the item relating to +the United States Military Academy, New York, by striking +``$160,000,000'' and inserting ``$197,000,000'' for construction of a +Consolidated Engineering Center and Parking Structure rather than the +separate projects specified in the funding table in section 4601 of +such Act (132 Stat. 2401). TITLE XXII--NAVY MILITARY CONSTRUCTION +Sec. 2201. Authorized Navy construction and land acquisition projects. +Sec. 2202. Family housing. +Sec. 2203. Improvements to military family housing units. +Sec. 2204. Authorization of appropriations, Navy. +Sec. 2205. Modification of authority to carry out certain fiscal year + 2017 project. SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. - (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects inside the United States as @@ -17980,37 +36619,40 @@ Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: + Navy: Inside the United States ---------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount + State Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Arizona...................................... Yuma............................................ $189,760,000 -California................................... Camp Pendleton................................. $185,569,000 - China Lake...................................... $64,500,000 - Coronado........................................ $165,830,000 - Marine Corps Air Station Miramar................ $37,400,000 - Marine Corps Recruit Depot San Diego............ $9,900,000 - Seal Beach...................................... $123,310,000 - Travis Air Force Base........................... $64,000,000 - Connecticut................................. New London..................................... $72,260,000 -Florida...................................... Naval Air Station Jacksonville.................. $32,420,000 - Marine Corps Support Facility Blount Island..... $18,700,000 -Hawaii....................................... Kaneohe Bay..................................... $134,050,000 - West Loch....................................... $53,790,000 -North Carolina............................... Camp Lejeune.................................... $229,010,000 - Marine Corps Air Station Cherry Point........... $166,870,000 - New River....................................... $11,320,000 -South Carolina............................... Marine Corps Recruit Depot Parris Island........ $37,200,000 -Virginia..................................... Norfolk......................................... $79,100,000 - Portsmouth...................................... $48,930,000 - Quantico........................................ $143,350,000 - Yorktown........................................ $59,000,000 -Washington................................... Bremerton....................................... $51,010,000 - Keyport......................................... $25,050,000 - Kitsap.......................................... $48,000,000 -Unspecified CONUS............................ Zulu............................................ $59,600,000 +Arizona....................................... Marine Corps Air Station Yuma................... $189,760,000 +California.................................... Camp Pendleton.................................. $185,569,000 + Marine Corps Air Station Miramar................ $37,400,000 + Naval Air Weapons Station China Lake............ $64,500,000 + Navel Base Coronado............................. $165,830,000 + Naval Base San Diego............................ $9,900,000 + Naval Weapons Station Seal Beach................ $123,310,000 + Travis Air Force Base........................... $64,000,000 +Connecticut................................... Naval Submarine Base New London................. $72,260,000 +Florida....................................... Blount Island................................... $18,700,000 + Naval Air Station Jacksonville.................. $32,420,000 +Guam.......................................... Joint Region Marianas........................... $226,000,000 +Hawaii........................................ Marine Corps Air Station Kaneohe Bay............ $134,050,000 + Naval Ammunition Depot West Loch................ $53,790,000 +Maryland...................................... Saint Inigoes................................... $15,000,000 +North Carolina................................ Camp Lejeune.................................... $229,010,000 + Marine Corps Air Station Cherry Point........... $114,570,000 + Marine Corps Air Station New River.............. $11,320,000 +Pennsylvania.................................. Philadelphia.................................... $74,630,000 +South Carolina................................ Parris Island................................... $37,200,000 +Virginia...................................... Marine Corps Base Quantico...................... $143,350,000 + Naval Station Norfolk........................... $139,100,000 + Portsmouth Naval Shipyard....................... $48,930,000 + Yorktown Naval Weapons Station.................. $59,000,000 +Washington.................................... Bremerton....................................... $51,010,000 + Keyport......................................... $25,050,000 ---------------------------------------------------------------------------------------------------------------- + (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects outside the United States as @@ -18019,20 +36661,34 @@ Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: + Navy: Outside the United States ---------------------------------------------------------------------------------------------------------------- Country Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- Australia..................................... Darwin.......................................... $211,500,000 -Bahrain Island................................ Southwest Asia.................................. $53,360,000 -Guam.......................................... Joint Region Marianas........................... $226,000,000 -Italy......................................... Sigonella....................................... $77,400,000 -Japan......................................... Iwakuni......................................... $15,870,000 - Yokosuka........................................ $174,692,000 +Japan......................................... Fleet Activities Yokosuka....................... $174,692,000 + Marine Corps Air Station Iwakuni................ $15,870,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2202. FAMILY HOUSING. + (c) Report Required as Condition of Authorization.-- + (1) Report.--At the same time that the budget of the President + is submitted to Congress under section 1105(a) of title 31, United + States Code, for fiscal year 2021, the Secretary of the Navy shall + submit to the congressional defense committees a report describing, + for each project authorized in the first item in the table in + subsection (b) for Darwin that is required to support the full + complement of the Marine Rotational Force-Darwin-- + (A) the required infrastructure investments for the + project; + (B) the source of funding, including funds provided by the + Government of Australia, for the project; and + (C) the proposed year for implementation of the project. + (2) Condition.--The Secretary of the Navy may not commence a + project authorized in the first item in the table in subsection (b) + for Darwin until the report under paragraph (1) has been submitted. +SEC. 2202. FAMILY HOUSING. Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, @@ -18040,18 +36696,14 @@ the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $5,863,000. - SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. - Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in -section 2204(a) of this Act and available for military family housing -functions as specified in the funding table in section 4601, the -Secretary of the Navy may improve existing military family housing -units in an amount not to exceed $41,798,000. - +section 2204(a) and available for military family housing functions as +specified in the funding table in section 4601, the Secretary of the +Navy may improve existing military family housing units in an amount +not to exceed $41,798,000. SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family @@ -18063,12 +36715,34 @@ Notwithstanding the cost variations authorized by section 2853 of title the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. +SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR +2017 PROJECT. + The table in section 2201(a) of the National Defense Authorization +Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2691) is +amended in the item relating to Bangor, Washington, by striking +``$113,415,000'' and inserting ``$161,415,000'' for construction of a +SEAWOLF Class Service Pier, as specified in the funding table in +section 4601 of such Act (130 Stat. 2876). TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION +Sec. 2301. Authorized Air Force construction and land acquisition + projects. +Sec. 2302. Family housing. +Sec. 2303. Improvements to military family housing units. +Sec. 2304. Authorization of appropriations, Air Force. +Sec. 2305. Modification of authorities to carry out phased Joint + Intelligence Analysis Complex consolidation. +Sec. 2306. Modification of authority to carry out certain fiscal year + 2016 project. +Sec. 2307. Modification of authority to carry out certain fiscal year + 2017 project. +Sec. 2308. Modification of authority to carry out certain fiscal year + 2018 projects. +Sec. 2309. Modification of authority to carry out certain fiscal year + 2019 projects. SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION - PROJECTS. - +PROJECTS. (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects inside the United States as @@ -18077,29 +36751,44 @@ Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: - Air Force: Inside the United States ----------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount ----------------------------------------------------------------------------------------------------------------- -Alaska......................................... Eielson Air Force Base...................... $8,600,000 -Arkansas....................................... Little Rock Air Force Base.................. $47,000,000 -California..................................... Travis Air Force Base....................... $43,100,000 -Colorado....................................... Peterson Air Force Base..................... $54,000,000 - Schriever Air Force Base.................... $148,000,000 -Illinois....................................... Scott Air Force Base........................ $100,000,000 -Missouri....................................... Whiteman Air Force Base..................... $27,000,000 -Montana........................................ Malmstrom Air Force Base.................... $235,000,000 -Nevada......................................... Nellis Air Force Base....................... $65,200,000 -New Mexico..................................... Holloman Air Force Base..................... $20,000,000 - Kirtland Air Force Base..................... $37,900,000 - North Dakota.................................. Minot Air Force Base........................ $5,500,000 -Texas.......................................... Joint Base San Antonio...................... $207,300,000 -Utah........................................... Hill Air Force Base......................... $114,500,000 -Washington..................................... Fairchild Air Force Base.................... $31,000,000 -Wyoming........................................ F.E. Warren Air Force Base.................. $18,100,000 -Unspecified CONUS.............................. Zulu........................................ $31,200,000 -Unspecified Worldwide.......................... Zulu........................................ $230,000,000 ----------------------------------------------------------------------------------------------------------------- + + Air Force: Inside the United States +------------------------------------------------------------------------ + Installation or + State Location Amount +------------------------------------------------------------------------ +Alaska....................... Eielson Air Force Base $8,600,000 +Arkansas..................... Little Rock Air Force $47,000,000 + Base. +California................... Travis Air Force Base $43,100,000 +Colorado..................... Peterson Air Force $54,000,000 + Base. + Schriever Air Force $148,000,000 + Base. + United States Air $49,000,000 + Force Academy........ +Georgia...................... Moody Air Force Base.. $12,500,000 +Guam......................... Joint Region Marianas. $65,000,000 +Illinois..................... Scott Air Force Base.. $100,000,000 +Mariana Islands.............. Tinian................ $316,000,000 +Missouri..................... Whiteman Air Force $27,000,000 + Base. +Montana...................... Malmstrom Air Force $235,000,000 + Base. +Nevada....................... Nellis Air Force Base. $65,200,000 +New Mexico................... Holloman Air Force $20,000,000 + Base. + Kirtland Air Force $37,900,000 + Base. +North Dakota................. Minot Air Force Base.. $5,500,000 +Texas........................ Joint Base San $243,300,000 + Antonio. +Utah......................... Hill Air Force Base... $114,500,000 +Washington................... Fairchild-White Bluff. $31,000,000 +Wyoming...................... F.E. Warren Air Force $18,100,000 + Base. +------------------------------------------------------------------------ + (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available @@ -18109,23 +36798,22 @@ Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: - Air Force: Outside the United States ----------------------------------------------------------------------------------------------------------------- - Country Installation or Location Amount ----------------------------------------------------------------------------------------------------------------- -Australia...................................... Tindal...................................... $70,600,000 -Cyprus......................................... Royal Air Force Akrotiri.................... $27,000,000 -Guam........................................... Joint Region Marianas....................... $65,000,000 -Japan.......................................... Kadena Air Base............................. $31,500,000 - Misawa Air Base............................. $5,300,000 - Yokota Air Base............................. $12,400,000 -Jordan......................................... Azraq....................................... $66,000,000 -Mariana Islands................................ Tinian...................................... $316,000,000 -United Kingdom................................. Royal Air Force Lakenheath.................. $14,300,000 ----------------------------------------------------------------------------------------------------------------- -SEC. 2302. FAMILY HOUSING. + Air Force: Outside the United States +------------------------------------------------------------------------ + Installation or + Country Location Amount +------------------------------------------------------------------------ +Australia..................... Tindal............... $70,600,000 +Cyprus........................ Royal Air Force $27,000,000 + Akrotiri. +Japan......................... Yokota Air Base...... $12,400,000 +United Kingdom................ Royal Air Force $14,300,000 + Lakenheath. +------------------------------------------------------------------------ + +SEC. 2302. FAMILY HOUSING. Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, @@ -18133,18 +36821,14 @@ the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,409,000. - SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. - Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $53,584,000. - SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family @@ -18153,90 +36837,135 @@ the funding table in section 4601. (b) Limitation on Total Cost of Construction Projects.-- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, -the total cost of all projects carried out under section 2301 of this -Act may not exceed the total amount authorized to be appropriated under -subsection (a), as specified in the funding table in section 4601. - -SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2015 PROJECT. - - In the case of the authorization contained in the table in section -2301(b) of the Military Construction Authorization Act for Fiscal Year -2015 (division B of Public Law 113-291; 128 Stat. 3679) for Royal Air -Force Croughton, for JIAC Consolidation Phase 1, the location shall be -Royal Air Force Molesworth, United Kingdom. - -SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2016 PROJECT. - - In the case of the authorization contained in the table in section -2301(b) of the Military Construction Authorization Act for Fiscal Year -2016 (division B of Public Law 114-92; 129 Stat. 1153) for JIAC -Consolidation Phase 2, as modified by section 2305 of the Military -Construction Authorization Act for Fiscal Year 2019 (division B of -Public Law 115-232) for an unspecified location in the United Kingdom, -the Secretary of the Air Force may construct a 5,152 square meter -intelligence analytic center, a 5,234 square meter intelligence fusion -center, and a 807 square meter battlefield information collection and -exploitation system center at Royal Air Force Molesworth, United +the total cost of all projects carried out under section 2301 may not +exceed the total amount authorized to be appropriated under subsection +(a), as specified in the funding table in section 4601. +SEC. 2305. MODIFICATION OF AUTHORITIES TO CARRY OUT PHASED JOINT +INTELLIGENCE ANALYSIS COMPLEX CONSOLIDATION. + (a) Fiscal Year 2015 Project Authority.--In the case of the +authorization contained in the table in section 2301(b) of the National +Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 +Stat. 3679) for Royal Air Force Croughton, United Kingdom, for Phase 1 +of the Joint Intelligence Analysis Complex consolidation, as specified +in the funding table in section 4601 of such Act (128 Stat. 3973), the +Secretary of the Air Force shall carry out the construction at Royal +Air Force Molesworth, United Kingdom. + (b) Fiscal Year 2016 Project Authority.--In the case of the +authorization contained in the table in section 2301(b) of the National +Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 +Stat. 1153), for Royal Air Force Croughton, United Kingdom, for Phase 2 +of the Joint Intelligence Analysis Complex consolidation, as specified +in the funding table in section 4601 of such Act (129 Stat. 1294), the +Secretary of the Air Force may construct a 5,152-square meter +Intelligence Analytic Center, a 5,234-square meter Intelligence Fusion +Center, and a 807-square meter Battlefield Information Collection and +Exploitation System Center at Royal Air Force Molesworth, United Kingdom. - + (c) Fiscal Year 2017 Project Authority.--In the case of the +authorization contained in the table in section 2301(b) of the National +Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 +Stat. 2697), for Royal Air Force Croughton, United Kingdom, for Phase 3 +of the Joint Intelligence Analysis Complex consolidation, as specified +in the funding table in section 4601 of such Act (130 Stat. 2878), the +Secretary of the Air Force may construct a 1,562-square meter Regional +Joint Intelligence Training Facility and a 4,495-square meter Combatant +Command Intelligence Facility at Royal Air Force Molesworth, United +Kingdom. + (d) Conforming Repeal.--Section 2305 of the National Defense +Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. +2247) is repealed. +SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR +2016 PROJECT. + The table in section 2301(a) of the National Defense Authorization +Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1152) is amended +in the item relating to Nellis Air Force Base, Nevada, by striking +``$68,950,000'' and inserting ``$72,050,000'' for construction of F-35A +Munitions Maintenance Facilities, as specified in the funding table in +section 4601 of such Act (129 Stat. 1293). SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2017 PROJECT. - - In the case of the authorization contained in the table in section -2301(b) of the Military Construction Authorization Act for Fiscal Year -2017 (division B of Public Law 114-328; 130 Stat. 2697) for JIAC -Consolidation Phase 3, as modified by section 2305 of the Military -Construction Authorization Act for Fiscal Year 2019 (division B of -Public Law 115-32) for an unspecified location in the United Kingdom, -the Secretary of the Air Force may construct a 1,562 square meter -regional joint intelligence training facility and a 4,495 square meter -combatant command intelligence facility at Royal Air Force Molesworth, -United Kingdom. - -SEC. 2308. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018 - PROJECTS. - - (a) Joint Base San Antonio.--In the case of the authorization -contained in the table in section 2301(a) of the Military Construction -Authorization Act for Fiscal Year 2018 (division B of Public Law 115- -91; 131 Stat. 1826) for Joint Base San Antonio, Texas-- - (1) for construction of a dining and classroom facility the - Secretary of the Air Force may construct a 750 square meter - equipment building; and - (2) for construction of an air traffic control tower the - Secretary of the Air Force may construct a 636 square meter air - traffic control tower. - (b) Rygge.--In the case of the authorization contained in the table -in section 2903 of the Military Construction Authorization Act for -Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1876) for -Rygge, Norway, for repairing and expanding a quick reaction alert pad, -the Secretary of the Air Force may construct 1,327 square meters of -aircraft shelter and a 404 square meter fire protection support -building. - +2017 PROJECT. + The table in section 2301(a) of the National Defense Authorization +Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2696) is +amended in the item relating to Fairchild Air Force Base, Washington, +by striking ``$27,000,000'' and inserting ``$31,800,000'' for +construction of a SERE School Pipeline Dormitory, as specified in the +funding table in section 4601 of such Act (130 Stat. 2878). +SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR +2018 PROJECTS. + (a) Little Rock Air Force Base, Arkansas.--The table in section +2301(a) of the National Defense Authorization Act for Fiscal Year 2018 +(Public Law 115-91; 131 Stat. 1825) is amended in the item relating to +Little Rock Air Force Base, Arkansas, by striking ``$20,000,000'' and +inserting ``$27,000,000'' for construction of a dormitory facility, as +specified in the funding table in section 4601 of such Act (131 Stat. +2002). + (b) Joint Base San Antonio, Texas.--In the case of the +authorization contained in the table in section 2301(a) of the National +Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 +Stat. 1826) for Joint Base San Antonio, Texas, the Secretary of the Air +Force may construct-- + (1) a 750-square meter equipment building for construction of a + Classrooms/Dining Facility, as specified in the funding table in + section 4601 of such Act (131 Stat. 2003); and + (2) a 636-square meter air traffic control tower for + construction of an Air Traffic Control Tower, as specified in the + funding table in section 4601 of such Act (131 Stat. 2003). + (c) F.E. Warren Air Force Base, Wyoming.--The table in section +2301(a) of the National Defense Authorization Act for Fiscal Year 2018 +(Public Law 115-91; 131 Stat. 1825) is amended in the item relating to +F.E. Warren Air Force Base, Wyoming, by striking ``$62,000,000'' and +inserting ``$80,100,000'' for construction of a Consolidated Helo/TRF +Ops/AMU and Alert Facility, as specified in the funding table in +section 4601 of such Act (131 Stat. 2004). + (d) Rygge Air Station, Norway.--In the case of the authorization +contained in the table in section 2903 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. +1876) for Rygge Air Station, Norway, for replacement/expansion of a +Quick Reaction Alert Pad, as specified in the funding table in section +4602 of such Act (131 Stat. 2014), the Secretary of the Air Force may +construct 1,327 square meters of aircraft shelter and a 404-square +meter fire protection support building. + (e) Incirlik Air Base, Turkey.--In the case of the authorization +contained in the table in section 2903 of the National Defense +Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. +1876) for Incirlik Air Base, Turkey, for Relocating Base Main Access +Control Point, as specified in the funding table in section 4602 of +such Act (131 Stat. 2015), the Secretary of the Air Force may construct +a 223-square meter pedestrian search building. SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR - 2019 PROJECTS. - - (a) Hanscom Air Force Base.--In the case of the authorization -contained in the table in section 2301(a) of the Military Construction -Authorization Act for Fiscal Year 2019 (division B of Public Law 115- -232) for Hanscom Air Force Base, Massachusetts, for the construction of -a semiconductor or microelectronics lab facility, the Secretary of the -Air Force may construct a 1,000 kilowatt stand-by generator. - (b) Royal Air Force Lakenheath.--In the case of the authorization -contained in the table in section 2301(b) of the Military Construction -Authorization Act for Fiscal Year 2019 (division B of Public Law 115- -232) for Royal Air Force Lakenheath, United Kingdom, for the -construction of an F-35 dormitory, the Secretary of the Air Force may -construct a 5,900 square meter dormitory. +2019 PROJECTS. + (a) Hanscom Air Force Base, Massachusetts.--In the case of the +authorization contained in the table in section 2301(a) of the National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 +Stat. 2246) for Hanscom Air Force Base, Massachusetts, for the +construction of a semi-conductor/microelectronics laboratory facility, +as specified in the funding table in section 4601 of such Act (132 +Stat. 2405), the Secretary of the Air Force may construct a 1,000 +kilowatt stand-by generator. + (b) Minot Air Force Base, North Dakota.--The table in section +2301(a) of the National Defense Authorization Act for Fiscal Year 2019 +(Public Law 115-232; 132 Stat. 2246) is amended in the item relating to +Minot Air Force Base, North Dakota, by striking ``$66,000,000'' and +inserting ``$71,500,000'' for construction of a Consolidated Helo/TRF +Ops/AMU and Alert Facility, as specified in the funding table in +section 4601 of such Act (132 Stat. 2405). + (c) Royal Air Force Lakenheath, United Kingdom.--In the case of the +authorization contained in the table in section 2301(b) of the National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 +Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for the +construction of an F-35A Dormitory, as specified in the funding table +in section 4601 of such Act (132 Stat. 2405), the Secretary of the Air +Force may construct a 5,900-square meter dormitory. TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION +Sec. 2401. Authorized Defense Agencies construction and land acquisition + projects. +Sec. 2402. Authorized Energy Resilience and Conservation Investment + Program projects. +Sec. 2403. Authorization of appropriations, Defense Agencies. SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND - ACQUISITION PROJECTS. - +ACQUISITION PROJECTS. (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as @@ -18245,34 +36974,37 @@ Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: + Defense Agencies: Inside the United States ---------------------------------------------------------------------------------------------------------------- - State Installation or Location Amount + State Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -California.................................... Beale Air Force Base............................ $33,700,000 - Camp Pendleton.................................. $17,700,000 -CONUS Classified.............................. Classified Location............................. $82,200,000 -Florida....................................... Elgin Air Force Base............................ $16,500,000 - Hurlburt Field.................................. $108,386,000 - Key West........................................ $16,000,000 -Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $67,700,000 -Maryland...................................... Fort Detrick.................................... $27,846,000 -Mississippi................................... Columbus Air Force Base......................... $16,800,000 - North Carolina............................... Camp Lejeune.................................... $13,400,000 - Fort Bragg...................................... $84,103,000 -Oklahoma...................................... Tulsa International Airport..................... $18,900,000 -Rhode Island.................................. Quonset State Airport........................... $11,600,000 -South Carolina................................ Joint Base Charleston........................... $33,300,000 -South Dakota.................................. Ellsworth Air Force Base........................ $24,800,000 -Virginia...................................... Dam Neck........................................ $12,770,000 - Defense Distribution Depot Richmond............. $98,800,000 - Joint Expeditionary Base Little Creek-Fort Story $45,604,000 - Pentagon........................................ $28,802,000 - Washington................................... Joint Base Lewis-McChord........................ $47,700,000 -Wisconsin..................................... General Mitchell International Airport.......... $25,900,000 -Unspecified CONUS............................. Zulu............................................ $100,000,000 +California...................................... Beale Air Force Base....................... $33,700,000 + Camp Pendleton............................. $17,700,000 +Florida......................................... Eglin Air Force Base....................... $16,500,000 + Hurlburt Field............................. $108,386,000 + Naval Air Station Key West................. $16,000,000 +Guam............................................ Joint Region Marianas...................... $19,200,000 +Hawaii.......................................... Joint Base Pearl Harbor-Hickam............. $67,700,000 +Maryland........................................ Fort Detrick............................... $27,846,000 +Mississippi..................................... Columbus Air Force Base.................... $16,800,000 + North Carolina................................. Camp Lejeune............................... $13,400,000 + Fort Bragg................................. $84,103,000 +Oklahoma........................................ Tulsa International Airport................ $18,900,000 +Rhode Island.................................... Quonset State Airport...................... $11,600,000 +South Carolina.................................. Joint Base Charleston...................... $33,300,000 +South Dakota.................................... Ellsworth Air Force Base................... $24,800,000 +Virginia........................................ Defense Distribution Depot Richmond........ $98,800,000 + Joint Expeditionary Base Little Creek - $45,604,000 + Fort Story................................ + Pentagon................................... $28,802,000 + Training Center Dam Neck................... $12,770,000 +Washington...................................... Joint Base Lewis-McChord................... $47,700,000 +Wisconsin....................................... General Mitchell International Airport..... $25,900,000 +CONUS Classified................................ Classified Location........................ $82,200,000 ---------------------------------------------------------------------------------------------------------------- + (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as @@ -18281,20 +37013,20 @@ Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: + Defense Agencies: Outside the United States ---------------------------------------------------------------------------------------------------------------- - Country Installation or Location Amount + Country Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- -Germany...................................... Geilenkirchen Air Base........................ $30,479,000 - Ramstein Air Base............................. $66,880,000 - Guam........................................ Joint Region Marianas......................... $19,200,000 -Japan........................................ Yokota Air Base............................... $136,411,000 -Worldwide Classified......................... Classified Location........................... $52,000,000 +Germany......................................... Geilenkirchen Air Base..................... $30,479,000 +Germany......................................... Ramstein................................... $66,800,000 +Japan........................................... Yokota Air Base........................... $136,411,000 +Worldwide Classified............................ Classified Location........................ $52,000,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT - PROGRAM PROJECTS. +SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT +PROGRAM PROJECTS. (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in @@ -18303,6 +37035,7 @@ conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: + ERCIP Projects: Inside the United States ---------------------------------------------------------------------------------------------------------------- State Installation or Location Amount @@ -18311,17 +37044,16 @@ California................................... Mountain View.................... Naval Air Weapons Station China Lake.......... $8,950,000 Naval Support Activity Monterey............... $10,540,000 Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $4,000,000 -Louisiana.................................... Joint Reserve Base Naval Air Station New $5,340,000 - Orleans...................................... -Maryland..................................... South Potomac................................. $18,460,000 - Naval Support Activity Bethesda............... $13,840,000 +Maryland..................................... Naval Support Activity Bethesda............... $13,840,000 + South Potomac................................. $18,460,000 New Mexico................................... White Sands Missile Range..................... $5,800,000 -Texas........................................ Fort Hood..................................... $16,500,000 - Camp Swift.................................... $4,500,000 +Texas........................................ Camp Swift.................................... $4,500,000 + Fort Hood..................................... $16,500,000 Virginia..................................... National Reconnaissance Office Headquarters... $66,000 Washington................................... Naval Base Kitsap............................. $23,670,000 ---------------------------------------------------------------------------------------------------------------- + (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in @@ -18330,15 +37062,17 @@ conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: + ERCIP Projects: Outside the United States ---------------------------------------------------------------------------------------------------------------- Country Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- Guam......................................... Naval Base Guam............................... $16,970,000 +Unspecified Worldwide........................ Unspecified Worldwide Locations............... $150,000,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. +SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family @@ -18352,12 +37086,19 @@ Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. TITLE XXV--INTERNATIONAL PROGRAMS - Subtitle A--North Atlantic Treaty Organization Security Investment Program -SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. + Subtitle A--North Atlantic Treaty Organization Security Investment + Program + +Sec. 2501. Authorized NATO construction and land acquisition projects. +Sec. 2502. Authorization of appropriations, NATO. + Subtitle B--Host Country In-kind Contributions + +Sec. 2511. Republic of Korea funded construction projects. +SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to @@ -18365,9 +37106,7 @@ exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. - SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. - (a) Authorization.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for contributions by the Secretary of Defense under section 2806 of title 10, United @@ -18383,51 +37122,52 @@ construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project. - Subtitle B--Host Country In-Kind Contributions + Subtitle B--Host Country In-kind Contributions SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. - Pursuant to agreement with the Republic of Korea for required in- kind contributions, the Secretary of Defense may accept military -construction projects for the installations or locations, and in the -amounts, set forth in the following table: +construction projects for the installations or locations in the +Republic of Korea, and in the amounts, set forth in the following +table: + Republic of Korea Funded Construction Projects ---------------------------------------------------------------------------------------------------------------- - Installation or - Country Component Location Project Amount + Component Installation or Location Project Amount ---------------------------------------------------------------------------------------------------------------- -Korea........................... Army.............. Camp Carroll...... Army Prepositioned $51,000,000 - Stock-4 Wheeled - Vehicle - Maintenance - Facility......... - Army.............. Camp Humphreys.... Unaccompanied $154,000,000 - Enlisted - Personnel - Housing, P1...... - Army.............. Camp Humphreys.... Unaccompanied $211,000,000 - Enlisted - Personnel - Housing, P2...... - Army.............. Camp Humphreys.... Satellite $32,000,000 - Communications - Facility......... - Air Force......... Gwangju Air Base.. Hydrant Fuel $35,000,000 - System Upgrade - Electrical....... - Air Force......... Kunsan Air Base... Distribution $14,200,000 - System........... - Air Force......... Kunsan Air Base... Dining Facility... $21,000,000 - Air Force......... Suwon Air Base.... Hydrant Fuel $24,000,000 - System........... +Army................................... Camp Carroll.............. Army Prepositioned Stock-4 $51,000,000 + Wheeled Vehicle Maintenance + Facility.................... +Army................................... Camp Humphreys............ Unaccompanied Enlisted $154,000,000 + Personnel Housing, P1....... +Army................................... Camp Humphreys............ Unaccompanied Enlisted $211,000,000 + Personnel Housing, P2....... +Army................................... Camp Humphreys............ Satellite Communications $32,000,000 + Facility.................... +Air Force.............................. Gwangju Air Base.......... Hydrant Fuel System.......... $35,000,000 +Air Force.............................. Kunsan Air Base........... Upgrade Electrical $14,200,000 + Distribution System......... +Air Force.............................. Kunsan Air Base........... Dining Facility.............. $21,000,000 +Air Force.............................. Suwon Air Base............ Hydrant Fuel System.......... $24,000,000 ---------------------------------------------------------------------------------------------------------------- + TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES +Sec. 2601. Authorized Army National Guard construction and land + acquisition projects. +Sec. 2602. Authorized Army Reserve construction and land acquisition + projects. +Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction + and land acquisition projects. +Sec. 2604. Authorized Air National Guard construction and land + acquisition projects. +Sec. 2605. Authorized Air Force Reserve construction and land + acquisition projects. +Sec. 2606. Authorization of appropriations, National Guard and Reserve. SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND - ACQUISITION PROJECTS. - +ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the @@ -18437,28 +37177,28 @@ United States, and in the amounts, set forth in the following table: Army National Guard ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Location Amount ---------------------------------------------------------------------------------------------------------------- -Alabama..................................... Anniston Army Depot.............................. $34,000,000 - Foley............................................ $12,000,000 -California.................................. Camp Roberts..................................... $12,000,000 -Idaho....................................... Orchard Training Area............................ $29,000,000 -Maryland.................................... Havre de Grace................................... $12,000,000 -Massachusetts............................... Camp Edwards..................................... $9,700,000 -Minnesota................................... New Ulm.......................................... $11,200,000 -Mississippi................................. Camp Shelby...................................... $8,100,000 -Missouri.................................... Springfield...................................... $12,000,000 -Nebraska.................................... Bellevue......................................... $29,000,000 -New Hampshire............................... Concord.......................................... $5,950,000 -New York.................................... Jamaica Armory................................... $91,000,000 -Pennsylvania................................ Moon Township.................................... $23,000,000 -Vermont..................................... Camp Ethan Allen................................. $30,000,000 -Washington.................................. Richland......................................... $11,400,000 +Alabama......................................... Anniston Army Depot.......................... $34,000,000 + Foley........................................ $12,000,000 +California...................................... Camp Roberts................................. $12,000,000 +Idaho........................................... Orchard Training Area........................ $29,000,000 +Maryland........................................ Havre de Grace............................... $12,000,000 +Massachusetts................................... Camp Edwards................................. $9,700,000 +Minnesota....................................... New Ulm...................................... $11,200,000 +Mississippi..................................... Camp Shelby.................................. $8,100,000 +Missouri........................................ Springfield.................................. $12,000,000 +Nebraska........................................ Bellevue..................................... $29,000,000 +New Hampshire................................... Concord...................................... $5,950,000 +New York........................................ Jamaica Armory............................... $91,000,000 +Pennsylvania.................................... Moon Township................................ $23,000,000 +Vermont......................................... Jericho...................................... $30,000,000 +Washington...................................... Richland..................................... $11,400,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION - PROJECTS. +SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION +PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the @@ -18468,33 +37208,34 @@ States, and in the amounts, set forth in the following table: Army Reserve ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Location Amount ---------------------------------------------------------------------------------------------------------------- -Delaware...................................... Dover Air Force Base........................... $21,000,000 -Wisconsin..................................... Fort McCoy..................................... $25,000,000 +Delaware........................................ Newark Army Reserve Center................... $21,000,000 +Wisconsin....................................... Fort McCoy................................... $25,000,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE - CONSTRUCTION AND LAND ACQUISITION PROJECTS. +SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE +CONSTRUCTION AND LAND ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the -Secretary of the Navy may acquire real property and carry out military -construction projects for the Navy Reserve and Marine Corps Reserve -locations inside the United States, and in the amounts, set forth in -the following table: +Secretary of the Navy may acquire real property and carry out the +military construction project for the Navy Reserve and Marine Corps +Reserve location inside the United States, and in the amount, set forth +in the following table: + Navy Reserve and Marine Corps Reserve ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Location Amount ---------------------------------------------------------------------------------------------------------------- -Louisiana..................................... New Orleans.................................... $25,260,000 +Louisiana....................................... New Orleans............................... $25,260,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND - ACQUISITION PROJECTS. +SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND +ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the @@ -18503,20 +37244,21 @@ military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: + Air National Guard ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Location Amount ---------------------------------------------------------------------------------------------------------------- -California.................................... Moffett Air National Guard Base................ $57,000,000 -Georgia....................................... Savannah/Hilton Head International Airport..... $24,000,000 -Missouri...................................... Rosecrans Memorial Airport..................... $9,500,000 -Puerto Rico................................... Luis Munoz Marin International Airport......... $50,000,000 -Wisconsin..................................... Truax Field Air National Guard Base............ $34,000,000 +California...................................... Moffett Air National Guard Base............ $57,000,000 +Georgia......................................... Savannah/Hilton Head International Airport. $24,000,000 +Missouri........................................ Rosecrans Memorial Airport................. $9,500,000 +Puerto Rico..................................... Luis Munoz-Marin International Airport..... $50,000,000 +Wisconsin....................................... Truax Field................................ $34,000,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND - ACQUISITION PROJECTS. +SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND +ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the @@ -18527,14 +37269,15 @@ following table: Air Force Reserve ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Location Amount ---------------------------------------------------------------------------------------------------------------- -Georgia....................................... Robins Air Force Base.......................... $43,000,000 -Minnesota..................................... Minneapolis-St. Paul International Airport..... $9,800,000 +Georgia......................................... Robins Air Force Base........................ $43,000,000 +Maryland........................................ Joint Base Andrews........................... $15,000,000 +Minnesota....................................... Minneapolis-St. Paul International Airport... $9,800,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE. +SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for the costs of acquisition, architectural and engineering services, and construction of facilities @@ -18545,10 +37288,14 @@ table in section 4601. TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES +Sec. 2701. Authorization of appropriations for base realignment and + closure activities funded through Department of Defense base + closure account. +Sec. 2702. Prohibition on conducting additional base realignment and + closure (BRAC) round. SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND - CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE - BASE CLOSURE ACCOUNT. - +CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE +ACCOUNT. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for base realignment and closure activities, including real property acquisition and military @@ -18559,310 +37306,491 @@ Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as specified in the funding table in section 4601. - SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND - CLOSURE (BRAC) ROUND. - +CLOSURE (BRAC) ROUND. Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round. TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS + Subtitle A--Military Construction Program + +Sec. 2801. Military installation resilience plans and projects. +Sec. 2802. Improved consultation with tribal governments when proposed + military construction projects potentially impact Indian + tribes. +Sec. 2803. Increased authority for use of certain appropriations amounts + for restoration or replacement of damaged or destroyed + facilities. +Sec. 2804. Amendment of Unified Facilities Criteria to promote military + installation resilience, energy resilience, energy and climate + resiliency, and cyber resilience. +Sec. 2805. Modification to Department of Defense Form 1391 regarding + consideration of potential long-term adverse environmental + effects. +Sec. 2806. Improved flood risk disclosure for military construction. +Sec. 2807. Prioritization of projects in annual report on unfunded + requirements for laboratory military construction projects. +Sec. 2808. Technical corrections and improvements to defense access road + resilience. +Sec. 2809. Military construction projects for child development centers + at military installations. +Sec. 2810. Prohibition on use of funds to reduce air base resiliency or + demolish protected aircraft shelters in the European theater + without creating a similar protection from attack. +Sec. 2811. Prohibition on use of funds to close or return certain bases + to the host nation. + + Subtitle B--Real Property and Facilities Administration + +Sec. 2821. Improved energy security for main operating bases in Europe. +Sec. 2822. Access to Department of Defense installations for + credentialed transportation workers. +Sec. 2823. Improved recording and maintaining of Department of Defense + real property data. + + Subtitle C--Land Conveyances + +Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah. +Sec. 2832. Release of interests retained in Camp Joseph T. Robinson, + Arkansas, for use of such land as a veterans cemetery. +Sec. 2833. Modification of authorized uses of certain property conveyed + by the United States in Los Angeles, California. +Sec. 2834. Transfer of administrative jurisdiction over certain parcels + of Federal land in Arlington, Virginia. + + Subtitle D--Military Land Withdrawals + +Sec. 2841. Public notice regarding upcoming periods of Secretary of the + Navy management of Shared Use Area of the Johnson Valley Off- + Highway Vehicle Recreation Area. + + Subtitle E--White Sands National Park and White Sands Missile Range + +Sec. 2851. White Sands Missile Range Land Enhancements. + + Subtitle F--Other Matters + +Sec. 2861. Installation and maintenance of fire extinguishers in + Department of Defense facilities. +Sec. 2862. Definition of community infrastructure for purposes of + military base reuse studies and community planning assistance. +Sec. 2863. Temporary authority for acceptance and use of contributions + for certain design and construction projects mutually + beneficial to the Department of Defense and the Republic of + Korea. +Sec. 2864. Black start exercises at military installations. +Sec. 2865. Pilot program to extend service life of roads and runways + under the jurisdiction of the Secretary of Defense. +Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon + Backscatter Radar System receiving station, Modoc County, + California. +Sec. 2867. Designation of Sumpter Smith Joint National Guard Base. +Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation. +Sec. 2869. Lands to be taken into trust as part of the reservation of + the Lytton Rancheria. +Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana. +Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base. + Subtitle A--Military Construction Program -SEC. 2801. MILITARY INSTALLATION RESILIENCE PLANS AND PROJECTS OF - DEPARTMENT OF DEFENSE. - - (a) Plans and Projects.-- - (1) In general.--Subchapter I of chapter 169 of title 10, - United States Code, is amended by adding at the end the - following new sections: -``Sec. 2815. Military installation resilience plans - ``(a) In General.--The Secretary of each military department shall -ensure the maintenance and enhancement of military installation -resilience through the development and implementation of military -installation resilience plans under this section for each military -installation under the jurisdiction of such Secretary that is in a -coastal area. - ``(b) Military Installation Resilience Plans for National Guard -Installations.--The Secretary of a military department, subject to the -availability of appropriations, may develop and implement a military -installation resilience plan for a State-owned installation of the -National Guard that is in a coastal area if-- - ``(1) such a plan is developed and implemented in - coordination with the chief executive officer of the State in - which the installation is located; and - ``(2) such a plan is deemed, for purposes of any other - provision of law, to be for lands or other geographical areas - owned or controlled by the Department of Defense, or designated - for use by the Department of Defense. - ``(c) Required Elements of Plans.--To the extent appropriate and -applicable, each military installation resilience plan under this -section shall provide for the following: - ``(1) A qualitative and, to the extent practicable, - quantitative assessment of-- - ``(A) current risks and threats to the resilience - of the military installation, including from extreme - weather events, mean sea level fluctuation, flooding, - and other changes in environmental conditions; and - ``(B) future risks and threats, including from - extreme weather events, mean sea level fluctuation, - flooding, and other changes in environmental - conditions, based on projections from reliable and - authorized sources as described in section 2805(c) of - the Military Construction Authorization Act for Fiscal - Year 2019 (division B of Public Law 115-232; 10 U.S.C. - 2864 note), to the resilience of any project considered - in the master plan for the installation under section - 2864 of this title during the 50-year lifespan of the - installation. - ``(2) A description of the-- - ``(A) assets or infrastructure located on the - installation vulnerable to the risks and threats - described in paragraph (1), with special emphasis on - assets or infrastructure critical to the accomplishment - of the missions of the installation and missions of any - members of the armed forces stationed at the - installation; and - ``(B) community infrastructure and resources - located outside the military installation that are-- - ``(i) critical to the accomplishment of the - missions of the military installation and of - members of the armed forces stationed at the - installation; and - ``(ii) vulnerable to the risks and threats - described in paragraph (1). - ``(3) A description of the-- - ``(A) current or planned infrastructure projects or - other measures to mitigate the impacts of risks and - threats described in paragraph (1) to the resilience of - the military installation and the accomplishment of the - missions of the military installation and missions of - members of the armed forces stationed at the - installation; - ``(B) estimated costs associated with such current - or planned infrastructure projects or other mitigation - measures; and - ``(C) current or planned interagency agreements, - cooperative agreements, memoranda of agreement, or - other agreements with other Federal agencies, Indian - tribes, State or local governments or entities, or - other organizations or individuals for the purpose of - or that will assist in maintaining or enhancing - military installation resilience and the resilience of - the community infrastructure and resources described in - paragraph (2)(B). - ``(d) Consistency and Integration With Other Plans.--The Secretary -of each military department shall ensure that each military -installation resilience plan prepared by such Secretary under this -section is-- - ``(1) consistent with the integrated natural resource - management plan of the Secretary required by section - 101(a)(1)(B) of the Sikes Act (16 U.S.C. 670a); - ``(2) consistent with and integrated into the installation - energy resilience master plan of the Secretary required by - section 2911(b)(3) of this title; and - ``(3) consistent with and integrated into the installation - master plan of the Secretary required by section 2864 of this - title. - ``(e) Inclusion of Certain Projects.--The Secretary of each -military department shall include in military installation resilience -plans under this section projects or improvements to facilities -conducted using amounts for sustainment, restoration, and -modernization. - ``(f) Definitions.--In this section: - ``(1) The term `community infrastructure' has the meaning - given that term in section 2391(e)(4) of this title. - ``(2) The term `Indian tribe' has the meaning given that - term in section 4 of the Indian Self-Determination and - Education Assistance Act (25 U.S.C. 5304).''. -``Sec. 2815a. Military installation resilience projects +SEC. 2801. MILITARY INSTALLATION RESILIENCE PLANS AND PROJECTS. + (a) Inclusion of Military Installation Resilience Information in +Certain Installation Master Plans.-- + (1) Requirement.--Section 2864 of title 10, United States Code, + is amended-- + (A) in subsection (a)(1), by inserting ``military + installation resilience,'' after ``master planning,''; + (B) by redesignating subsections (c) and (d) as subsections + (e) and (f), respectively; and + (C) by inserting after subsection (b) the following new + subsection: + ``(c) Military Installation Resilience Component.--To address +military installation resilience under subsection (a)(1), each +installation master plan shall discuss the following: + ``(1) Risks and threats to military installation resilience + that exist at the time of the development of the plan and that are + projected for the future, including from extreme weather events, + mean sea level fluctuation, wildfires, flooding, and other changes + in environmental conditions. + ``(2) Assets or infrastructure located on the military + installation vulnerable to the risks and threats described in + paragraph (1), with a special emphasis on assets or infrastructure + critical to the mission of the installation and the mission of + members of the armed forces. + ``(3) Lessons learned from the impacts of extreme weather + events, including changes made to the military installation to + address such impacts, since the prior master plan developed under + this section. + ``(4) Ongoing or planned infrastructure projects or other + measures, as of the time of the development of the plan, to + mitigate the impacts of the risks and threats described in + paragraph (1). + ``(5) Community infrastructure and resources located outside + the installation (such as medical facilities, transportation + systems, and energy infrastructure) that are-- + ``(A) necessary to maintain mission capability or that + impact the resilience of the military installation; and + ``(B) vulnerable to the risks and threats described in + paragraph (1). + ``(6) Agreements in effect or planned, as of the time of the + development of the plan, with public or private entities for the + purpose of maintaining or enhancing military installation + resilience or resilience of the community infrastructure and + resources described in paragraph (5). + ``(7) Projections from recognized governmental and scientific + entities such as the Census Bureau, the National Academies of + Sciences, the United States Geological Survey, and the United + States Global Change Research Office (or any similar successor + entities) with respect to future risks and threats (including the + risks and threats described in paragraph (1)) to the resilience of + any project considered in the installation master plan during the + 50-year lifespan of the installation.''. + (2) Report on master plans.--Section 2864 of title 10, United + States Code, is amended by inserting after subsection (c), as added + by subsection (a), the following new subsection: + ``(d) Report.--Not later than March 1 of each year, the Secretary +of Defense shall submit to the congressional defense committees a +report listing all master plans completed pursuant to this section in +the prior calendar year.''. + (b) Authority to Carry Out Military Installation Resilience +Projects.-- + (1) In general.--Subchapter I of chapter 169 of title 10, + United States Code, is amended by adding at the end the following + new section: +``Sec. 2815. Military installation resilience projects ``(a) Projects Required.--The Secretary of Defense shall carry out -military construction projects for military installation resilience, -not previously authorized, using funds authorized to be appropriated or -otherwise made available for that purpose. +military construction projects for military installation resilience, in +accordance with section 2802 of this title. ``(b) Congressional Notification.--(1) When a decision is made to carry out a project under this section, the Secretary of Defense shall notify the congressional defense committees of that decision. ``(2) The Secretary of Defense shall include in each notification submitted under paragraph (1) the rationale for how the project would-- - ``(A) enhance military installation resilience; - ``(B) enhance mission assurance; - ``(C) support mission critical functions; and - ``(D) address known vulnerabilities. + ``(A) enhance military installation resilience; + ``(B) enhance mission assurance; + ``(C) support mission critical functions; and + ``(D) address known vulnerabilities. ``(c) Timing of Projects.--A project may be carried out under this section only after the end of the 14-day period beginning on the date that notification with respect to that project under subsection (b) is received by the congressional defense committees in an electronic medium pursuant to section 480 of this title. ``(d) Annual Report.--Not later than 90 days after the end of each -fiscal year, the Secretary of Defense shall submit to the congressional -defense committees a report on the status of the planned and active -projects carried out under this section (including completed projects), -and shall include in the report with respect to each such project the -following information: - ``(1) The title, location, a brief description of the scope - of work, the original project cost estimate, and the current - working cost estimate. - ``(2) The rationale for how the project would-- - ``(A) enhance military installation resilience; - ``(B) enhance mission assurance; - ``(C) support mission critical functions; and - ``(D) address known vulnerabilities. - ``(3) Such other information as the Secretary considers - appropriate. - ``(e) Authorization of Appropriations.--There is authorized to be -appropriated to the Department of Defense to carry out this section -$100,000,000 for each fiscal year.''. - (2) Clerical amendment.--The table of sections at the - beginning of chapter 169 of such title is amended by inserting - after the item relating to section 2814 the following new - items: - -``2815. Military installation resilience plans. -``2815a. Military installation resilience projects.''. - (b) Report.-- - (1) In general.--Not later than March 1, 2020, the - Secretary of Defense shall submit to the congressional defense - committees a report on the extent to which military - installation resilience plans were prepared or implemented in - accordance with section 2815 of title 10, United States Code, - as added by subsection (a)(1). - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) The number of military installation resilience - plans in effect, including the date on which each plan - was issued in final form or most recently revised. - (B) The amounts expended on mitigation measures - conducted pursuant to or consistent with such plans, - including moving critical military functions of the - Department of Defense to less vulnerable military - installations. - (C) An assessment of the extent to which such plans - comply with section 2815 of title 10, United States - Code, as added by subsection (a)(1). - -SEC. 2802. PROHIBITION ON USE OF FUNDS TO REDUCE AIR BASE RESILIENCY OR - DEMOLISH PROTECTED AIRCRAFT SHELTERS IN THE EUROPEAN - THEATER WITHOUT CREATING A SIMILAR PROTECTION FROM - ATTACK. - - No funds authorized to be appropriated by this Act or otherwise -made available for the Department of Defense for fiscal year 2020 may -be obligated or expended to implement any activity that reduces air -base resiliency or demolishes protected aircraft shelters in the -European theater without creating a similar protection from attack in -the European theater until such time as the Secretary of Defense -certifies to the congressional defense committees that protected -aircraft shelters are not required in the European theater. - -SEC. 2803. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN TO THE HOST - NATION ANY EXISTING AIR BASE. - - No funds authorized to be appropriated by this Act or otherwise -made available for the Department of Defense for fiscal year 2020 may -be obligated or expended to implement any activity that closes or -returns to the host nation any existing air base until such time as the -Secretary of Defense certifies that there is no longer a need for a -rotational military presence in the European theater. - -SEC. 2804. INCREASED AUTHORITY FOR CERTAIN UNSPECIFIED MINOR MILITARY - CONSTRUCTION PROJECTS. - - (a) In General.--Notwithstanding the limitations specified in -section 2805 of title 10, United States Code, the Secretary concerned -may carry out unspecified minor military construction projects in an -amount not to exceed $12,000,000 at the following installations: - (1) Tyndall Air Force Base, Florida. - (2) Camp Ashland, Nebraska. - (3) Offutt Air Force Base, Nebraska. - (4) Camp Lejeune, North Carolina. - (5) Marine Corps Air Station Cherry Point, North Carolina. - (b) Adjustment of Limitation.--The Secretary concerned may adjust -the dollar limitation specified in subsection (a) applicable to a -project described in such subsection to reflect the area construction -cost index for military construction projects published by the -Department of Defense during the prior fiscal year for the location of -the project, except that no such limitation may exceed $19,000,000 as -the result of any adjustment made under this subsection. - (c) Termination.--The authority under this section shall terminate -on the date that is five years after the date of the enactment of this -Act. - -SEC. 2805. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO INSTALLATION - RESILIENCE. - - (a) Defense Access Roads.--Section 210 of title 23, United States -Code, is amended-- - (1) in subsection (a), by striking ``(a)(1) The Secretary'' - and all that follows through the end of paragraph (1) and - inserting the following: +fiscal year until December 31, 2025, the Secretary of Defense shall +submit to the congressional defense committees a report on the status +of the planned and active projects carried out under this section +(including completed projects), and shall include in the report with +respect to each such project the following information: + ``(1) The title, location, a brief description of the scope of + work, the original project cost estimate, and the current working + cost estimate. + ``(2) The information provided under subsection (b)(2). + ``(3) Such other information as the Secretary considers + appropriate.''. + (2) Clerical amendment.--The table of sections at the beginning + of chapter 169 of such title is amended by inserting after the item + relating to section 2814 the following new item: + +``2815. Military installation resilience projects.''. +SEC. 2802. IMPROVED CONSULTATION WITH TRIBAL GOVERNMENTS WHEN PROPOSED +MILITARY CONSTRUCTION PROJECTS POTENTIALLY IMPACT INDIAN TRIBES. + Section 2802 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(f)(1) In addition to any other applicable consultation +requirement pursuant to law or Department of Defense policy, if a +proposed military construction project is likely to significantly +impact tribal lands, known sacred sites, or tribal treaty rights, the +Secretary concerned shall initiate consultation with the tribal +government of each impacted Indian tribe-- + ``(A) to determine the nature and extent of such impact; + ``(B) to determine whether such impact can be avoided or + mitigated in the design and implementation of the project; and + ``(C) if such impact cannot be avoided, to develop feasible + measures consistent with applicable law to mitigate the impact and + estimate the cost of the mitigation measures. + ``(2) As part of the Department of Defense Form 1391 submitted to +the appropriate committees of Congress for a military construction +project covered by paragraph (1), the Secretary concerned, to the +extent possible at the time of such submission, shall include a +description of the current status of the consultation conducted under +such paragraph and specifically address each of the items specified in +subparagraphs (A), (B), and (C) of such paragraph. + ``(3) The requirement under paragraph (1) does not affect the +obligation of the Secretary concerned to comply with any other +applicable consultation requirement pursuant to law or Department of +Defense policy. + ``(4) In this subsection: + ``(A) The term `Indian tribe' has the meaning given that term + in section 4 of the Indian Self-Determination and Education + Assistance Act (25 U.S.C. 5304). + ``(B) The term `tribal government' means the recognized + governing body of an Indian tribe. + ``(C) The term `sacred site' has the meaning given that term in + Executive Order No. 13007, as in effect on the date of the + enactment of the National Defense Authorization Act for Fiscal Year + 2020.''. +SEC. 2803. INCREASED AUTHORITY FOR USE OF CERTAIN APPROPRIATIONS +AMOUNTS FOR RESTORATION OR REPLACEMENT OF DAMAGED OR DESTROYED +FACILITIES. + Section 2854(c)(3) of title 10, United States Code, is amended by +striking ``$50,000,000'' and inserting ``$100,000,000''. +SEC. 2804. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PROMOTE MILITARY +INSTALLATION RESILIENCE, ENERGY RESILIENCE, ENERGY AND CLIMATE +RESILIENCY, AND CYBER RESILIENCE. + (a) Amendment Required.-- + (1) In general.--Not later than September 1, 2020, the + Secretary of Defense shall amend the Unified Facility Criteria + relating to military construction planning and design, to ensure + that building practices and standards of the Department of Defense + promote military installation resilience, energy resilience, energy + and climate resiliency, and cyber resilience. + (2) Considerations and consultation.--In preparing amendments + pursuant to paragraph (1), the Secretary of Defense-- + (A) shall take into account historical data, current + conditions, and sea level rise projections; and + (B) may consult with the heads of other Federal departments + and agencies with expertise regarding military installation + resilience, energy resilience, energy and climate resiliency, + and cyber resilience. + (b) Conditional Availability of Funds.--Not more than 25 percent of +the funds authorized to be appropriated for fiscal year 2020 for +Department of Defense planning and design accounts relating to military +construction projects may be obligated until the date on which the +Secretary of Defense submits to the Committees on Armed Services of the +House of Representatives and the Senate a certification that the +Secretary-- + (1) has initiated the amendment process required by subsection + (a)(1); and + (2) intends to complete such process by September 1, 2020. + (c) Update of Unified Facilities Criteria to Include Changing +Environmental Condition Projections.--Section 2805(c) of the Military +Construction Authorization Act for Fiscal Year 2019 (division B of +Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2864 note) is amended-- + (1) by striking ``Not later than'' and inserting the following: + ``(1) Fiscal year 2019.--Not later than''; + (2) in paragraph (1), as designated by paragraph (1), by + striking ``United Facilities Criteria (UFC) 2-100-01 and UFC 2-100- + 02'' and inserting ``Unified Facilities Criteria (UFC) 1-200-01 and + UFC 1-200-02''; and + (3) by adding at the end the following new paragraph: + ``(2) Fiscal year 2020.-- + ``(A) Amendments required.--Not later than 30 days after + the date of the enactment of the National Defense Authorization + Act for Fiscal Year 2020, the Secretary of Defense shall amend + the Unified Facilities Criteria as follows: + ``(i) To require that installations of the Department + of Defense assess the risks from extreme weather and + related effects, and develop plans to address such risks. + ``(ii) To require in the development of such Criteria + the use of-- + + ``(I) land use change projections through the use + of land use and land cover modeling by the United + States Geological Survey; and + ``(II) weather projections-- + + ``(aa) from the United States Global Change + Research Program, including in the National Climate + Assessment; or + ``(bb) from the National Oceanic and + Atmospheric Administration, if such projections are + more up-to-date than projections under item (aa). + ``(iii) To require the Secretary of Defense to provide + guidance to project designers and master planners on how to + use weather projections. + ``(iv) To require the use throughout the Department of + the Naval Facilities Engineering Command Climate Change + Installation Adaptation and Resilience planning handbook, + as amended (or similar publication of the Army Corps of + Engineers). + ``(B) Notification.--If the Secretary of Defense determines + that a projection other than a projection described in + subparagraph (A)(ii) is more appropriate for use in amending + the Unified Facilities Criteria, the Secretary shall notify the + congressional defense committees of such determination, which + shall include the rationale underlying such determination and a + description of such other projection.''. + (d) Implementation of Unified Facilities Criteria Amendments.-- + (1) Implementation.--Any Department of Defense Form 1391 + submitted to Congress after September 1, 2020 shall comply with the + Unified Facility Criteria, as amended pursuant to this section. + (2) Certification.--Not later than March 1, 2021, the Secretary + of Defense shall certify to the Committees on Armed Services of the + House of Representatives and the Senate the completion and full + incorporation into military construction planning and design-- + (A) amendments made pursuant to subsection (a); and + (B) amendments made pursuant to section 2805(c) of the + Military Construction Authorization Act for Fiscal Year 2019 + (division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C. + 2864 note), as amended by subsection (c). + (e) Annual Review.--Beginning with fiscal year 2022, and annually +thereafter, the Secretary of Defense shall conduct a review comparing +the Unified Facility Criteria and industry best practices, for the +purpose of ensuring that military construction building practices and +standards of the Department of Defense relating to military +installation resilience, energy resilience, energy and climate +resiliency, and cyber resilience remain up-to-date. + (f) Definitions.--In this section: + (1) The terms ``energy resilience'' and ``military installation + resilience'' have the meanings given those terms in section 101(e) + of title 10, United States Code. + (2) The term ``energy and climate resiliency'' has the meaning + given that term in section 2864 of title 10, United States Code. +SEC. 2805. MODIFICATION TO DEPARTMENT OF DEFENSE FORM 1391 REGARDING +CONSIDERATION OF POTENTIAL LONG-TERM ADVERSE ENVIRONMENTAL EFFECTS. + (a) Modification.-- + (1) Certification requirement.--The Secretary of Defense shall + modify Department of Defense Form 1391 to require, with respect to + any proposed major or minor military construction project requiring + congressional notification or approval, the inclusion of a + certification by the Secretary of Defense or the Secretary of the + military department concerned that the proposed military + construction project takes into consideration-- + (A) the potential adverse consequences of long-term changes + in environmental conditions, such as increasingly frequent + extreme weather events, that could affect the military + installation resilience of the installation for which the + military construction project is proposed; and + (B) building requirements in effect for the locality in + which the military construction project is proposed and + industry best practices that are developed to withstand extreme + weather events and other consequences of changes in + environmental conditions. + (2) Elements of certification.--As part of the certification + required by paragraph (1) for a proposed military construction + project, the Secretary concerned shall identify the potential + changes in environmental conditions, such as increasingly frequent + extreme weather events, considered and addressed under + subparagraphs (A) and (B) of paragraph (1). + (b) Relation to Recent Modification Requirement.--The modification +of Department of Defense Form 1391 required by subsection (a) is in +addition to, and expands upon, the modification of Department of +Defense Form 1391 with respect to flood risk disclosure for military +construction required by section 2805(a) of the Military Construction +Authorization Act for Fiscal Year 2019 (division B of Public Law 115- +232; 132 Stat. 2262; 10 U.S.C. 2802 note). + (c) Military Installation Resilience Defined.--In this section, the +term ``military installation resilience'' has the meaning given that +term in section 101(e)(8) of title 10, United States Code. +SEC. 2806. IMPROVED FLOOD RISK DISCLOSURE FOR MILITARY CONSTRUCTION. + (a) When Disclosure Required.--Section 2805(a)(1) of the Military +Construction Authorization Act for Fiscal Year 2019 (division B of +Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended-- + (1) in subparagraph (A), by inserting after ``hazard data'' the + following: ``, or will be impacted by projected current and future + mean sea level fluctuations over the lifetime of the project''; and + (2) in subparagraph (B), by inserting after ``floodplain'' the + following: ``or will be impacted by projected current and future + mean sea level fluctuations over the lifetime of the project''. + (b) Reporting Requirements.--Section 2805(a)(3) of the Military +Construction Authorization Act for Fiscal Year 2019 (division B of +Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended-- + (1) in the matter preceding the subparagraphs, by inserting + after ``floodplain'' the following: ``or are to be impacted by + projected current and future mean sea level fluctuations over the + lifetime of the project''; and + (2) by adding at the end the following new subparagraph: + ``(D) A description of how the proposed project has taken + into account projected current and future mean sea level + fluctuations over the lifetime of the project.''. + (c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the +Military Construction Authorization Act for Fiscal Year 2019 (division +B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is +amended-- + (1) in the matter preceding the subparagraphs-- + (A) by inserting after ``floodplain'' the following: ``or + that will be impacted by projected current and future mean sea + level fluctuations over the lifetime of the project''; and + (B) by striking ``an additional''; + (2) in subparagraph (A)-- + (A) by inserting ``an additional'' before ``2 feet''; and + (B) by striking ``and'' at the end of the subparagraph; + (3) in subparagraph (B)-- + (A) by inserting ``an additional'' before ``3 feet''; and + (B) by striking the period at the end of the subparagraph + and inserting ``; and''; and + (4) by adding at the end the following new subparagraph: + ``(C) any additional flooding that will result from + projected current and future mean sea level fluctuations over + the lifetime of the project.''. +SEC. 2807. PRIORITIZATION OF PROJECTS IN ANNUAL REPORT ON UNFUNDED +REQUIREMENTS FOR LABORATORY MILITARY CONSTRUCTION PROJECTS. + Section 2806 of the National Defense Authorization Act for Fiscal +Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is amended-- + (1) by striking ``Assistant Secretary of Defense for Energy, + Installations, and Environment'' and inserting ``Under Secretary of + Defense for Acquisition and Sustainment''; + (2) by striking ``reporting'' and inserting ``report''; and + (3) by inserting ``in prioritized order, with specific accounts + and program elements identified,'' after ``evaluation + facilities,''. +SEC. 2808. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO DEFENSE ACCESS +ROAD RESILIENCE. + Section 210 of title 23, United States Code, is amended-- + (1) in subsection (a), by striking ``(a)(1) The Secretary'' and + all that follows through the end of paragraph (1) and inserting the + following: ``(a) Authorization.-- - ``(1) In general.--Of the funds appropriated for defense - access roads, the Secretary may use such amounts as are - appropriate for-- - ``(A) the construction and maintenance of defense - access roads (including bridges, tubes, tunnels, and - culverts or other water management structures on those - roads) to-- - ``(i) military reservations; - ``(ii) defense industry sites; - ``(iii) air or sea ports that, as - determined by the Secretary, in consultation - with the Secretary of Defense, are necessary - for or are planned to be used for the - deployment or sustainment of members of the - Armed Forces, equipment, or supplies; or - ``(iv) sources of raw materials; - ``(B) the reconstruction or enhancement of, or - improvements to, those roads to ensure the continued - effective use of the roads, regardless of current or - projected increases in mean high tides, recurrent - flooding, or other weather-related conditions or - natural disasters, in any case in which the roads are - certified to the Secretary as important to the national - defense by-- - ``(i) the Secretary of Defense; or - ``(ii) such other official as the President - may designate; and - ``(C) replacing existing highways and highway - connections that are shut off from general public use - by necessary closures, closures due to mean sea level - fluctuation and flooding, or restrictions at-- - ``(i) military reservations; - ``(ii) air or sea ports that are necessary - for or are planned to be used for the - deployment or sustainment of members of the - Armed Forces, equipment, or supplies; or - ``(iii) defense industry sites.''; - (2) in subsection (b), by striking ``the construction and - maintenance of'' and inserting ``the construction, maintenance, - reconstruction, or improvement of, or enhancements to,''; - (3) in subsection (c)-- - (A) by striking ``him'' and inserting ``the - Secretary''; - (B) by striking ``construction, maintenance, and - repair work'' and inserting ``activities for - construction, maintenance, reconstruction, enhancement, - improvement, and repair''; - (C) by striking ``therein'' and inserting ``in - those areas''; and - (D) by striking ``condition for such training - purposes and for repairing the damage caused to such - highways by the operations'' and inserting the - following: ``condition for-- - ``(1) that training; and - ``(2) repairing the damage to those highways caused by-- - ``(A) weather-related events, increases in mean - high tide levels, recurrent flooding, or natural - disasters; or - ``(B) the operations''; - (4) in subsection (g), in the second sentence, by striking - ``construction which has been'' and inserting ``construction - and other activities''; and - (5) by striking subsection (i) and inserting the following: - ``(i) Repair of Certain Damages and Infrastructure.--The amounts -made available to carry out this section may be used to pay the cost of + ``(1) In general.--When defense access roads are certified to + the Secretary as important to the national defense by the Secretary + of Defense or such other official as the President may designate, + the Secretary is authorized, out of the funds appropriated for + defense access roads, to provide for-- + ``(A) the construction and maintenance of defense access + roads (including bridges, tubes, tunnels, and culverts or other + hydraulic appurtenances on those roads) to-- + ``(i) military reservations; + ``(ii) defense industry sites; + ``(iii) air or sea ports that are necessary for or are + planned to be used for the deployment or sustainment of + members of the Armed Forces, equipment, or supplies; or + ``(iv) sources of raw materials; + ``(B) the reconstruction or enhancement of, or improvements + to, those roads to ensure the continued effective use of the + roads, regardless of current or projected increases in mean + tides, recurrent flooding, or other weather-related conditions + or natural disasters; and + ``(C) replacing existing highways and highway connections + that are shut off from general public use by necessary + closures, closures due to mean sea level fluctuation and + flooding, or restrictions at-- + ``(i) military reservations; + ``(ii) air or sea ports that are necessary for or are + planned to be used for the deployment or sustainment of + members of the Armed Forces, equipment, or supplies; or + ``(iii) defense industry sites.''; + (2) in subsection (b), by striking ``the construction and + maintenance of'' and inserting ``construction, reconstruction, + resurfacing, restoration, rehabilitation, and preservation of, or + enhancements to,''; + (3) in subsection (c)-- + (A) by striking ``him'' and inserting ``the Secretary''; + (B) by striking ``construction, maintenance, and repair + work'' and inserting ``activities for construction, + maintenance, reconstruction, enhancement, improvement, and + repair''; + (C) by striking ``therein'' and inserting ``in those + areas''; and + (D) by striking ``condition for such training purposes and + for repairing the damage caused to such highways by the + operations of men and equipment in such training.'' and + inserting the following: ``condition for-- + ``(1) that training; and + ``(2) repairing the damage to those highways caused by-- + ``(A) weather-related events, increases in mean high tide + levels, recurrent flooding, or natural disasters; or + ``(B) the operations of men and equipment in such + training.''; + (4) in subsection (g)-- + (A) by striking ``he'' and inserting ``the Secretary''; + (B) by striking ``construction which has been'' and + inserting ``construction and other activities''; and + (C) by striking ``upon his demand'' and inserting ``upon + demand by the Secretary''; and + (5) by striking subsection (i) and inserting the following: + ``(i) Repair of Certain Damages and Infrastructure.--The funds +appropriated to carry out this section may be used to pay the cost of repairing damage caused, or any infrastructure to mitigate a risk posed, to a defense access road by recurrent or projected recurrent flooding, sea level fluctuation, a natural disaster, or any other @@ -18873,229 +37801,331 @@ planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies, or to a source of raw materials, has been or is projected to be impacted by those events or conditions.''. - (b) Study on Certain Threats to Military Installation Resilience.-- - (1) Study.-- - (A) In general.--Not later than March 1, 2020, the - Secretary of Defense shall complete a comprehensive - study, to be conducted by the Director of the Engineer - Research and Development Center of the Army Corps of - Engineers, on the risks posed by coastal or inland - flooding, mean sea level fluctuation, and storm surge - to the military installation resilience of military - installations and State-owned installations of the - National Guard that the Secretary determines are - vulnerable to those risks. - (B) Coordination.--The study under subparagraph (A) - shall be conducted in coordination with other elements - of the Army Corps of Engineers, other Federal agencies, - and State, local, and tribal officials to ensure - consistency with other plans or pre-disaster and risk - mitigation measures being planned or taken in the areas - within the scope of the study. - (2) Risk mitigation measures.--The study required by - paragraph (1)(A) shall include the identification of and - recommendations concerning ongoing or potential risk mitigation - measures, including on lands and waters not under the - jurisdiction of the Department of Defense, including authorized - projects of the Army Corps of Engineers and current or - potential projects under the Continuing Authorities Program of - the Corps of Engineers, that would contribute to preserving or - enhancing the military installation resilience of military - installations and State-owned installations of the National - Guard within the scope of the study. - (3) Barriers to maintaining and enhancing resilience.--The - study required by paragraph (1)(A) shall identify - institutional, administrative, legislative, and other barriers - to preserving and enhancing the military installation - resilience of the installations determined by such study to be - vulnerable to the risks posed by coastal or inland flooding, - sea level rise, or storm surge. - (4) Reports.-- - (A) Initial report.--Not later than one year after - the date of the enactment of this Act, the Secretary of - Defense shall submit to the congressional defense - committees a report providing the status of, interim - results for, and an expected completion date for the - study required by paragraph (1)(A). - (B) Final report.--Not later than two years after - the date of the enactment of this Act, the Secretary - shall submit to the congressional defense committees a - final report on the study required by paragraph (1)(A). - (5) Definitions.--In this subsection: - (A) Congressional defense committees; military - installation resilience.--The terms ``congressional - defense committees'' and ``military installation - resilience'' have the meanings given those terms in - section 101 of title 10, United States Code. - (B) Continuing authorities program of the corps of - engineers.--The term ``Continuing Authorities Program - of the Corps of Engineers'' means any of the programs - listed in section 1030(a) of the Water Resources Reform - and Development Act of 2014 (33 U.S.C. 400). - (c) Update of United Facilities Criteria to Include Changing -Environmental Condition Projections.--Section 2805(c) of the John S. -McCain National Defense Authorization Act for Fiscal Year 2019 (Public -Law 115-232) is amended-- - (1) by striking ``Not later than'' and inserting the - following: - ``(1) Fiscal year 2019.--Not later than''; - (2) in paragraph (1), as designated by paragraph (1), by - striking ``United Facilities Criteria (UFC) 2-100-01 and UFC 2- - 100-02'' and inserting ``United Facilities Criteria (UFC) 1- - 200-01 and UFC 1-200-02''; and - (3) by adding at the end the following new paragraph: - ``(2) Fiscal year 2020.--Not later than 30 days after the - date of the enactment of the National Defense Authorization Act - for Fiscal Year 2020, the Secretary of Defense shall amend the - United Facilities Criteria (UFC) as follows: - ``(A) To require that installations of the - Department of Defense assess the risks from extreme - weather and related effects and develop plans to - address those risks. - ``(B) To require in the design of any military - construction project the use of the following weather - projections: - ``(i) Population projections from the - Bureau of the Census. - ``(ii) Land use change projections and - weather projections from the National Academy - of Sciences. - ``(iii) Land use change projections through - the use of land use and land cover modeling by - the United States Geological Survey. - ``(iv) Weather projections from the United - States Global Change Research Program, - including in the National Climate Assessment. - ``(v) Weather projections developed through - the use of Localized Constructed Analogs - Statistical Downscaling. - ``(vi) Weather projections developed - through the Earth Exchange program of the - National Aeronautics and Space Administration. - ``(vii) Weather projections included in the - technical report NOS CO-OPS 083 set forth by - the National Oceanic and Atmospheric - Administration. - ``(viii) Any customized, high-resolution - model weather projections developed by the - Strategic Environmental Research and - Development Program for specific regions with - the goal of assessing the vulnerability of - installations of the Department. - ``(C) To require the Secretary to provide guidance - to project designers and master planners on how to use - weather projections. - ``(D) To require the use throughout the Department - of the Naval Facilities Engineering Command Climate - Change Installation Adaptation and Resilience planning - handbook.''. - - Subtitle B--Land Conveyances - -SEC. 2811. RELEASE OF INTERESTS RETAINED IN CAMP JOSEPH T. ROBINSON, - ARKANSAS, FOR USE OF SUCH LAND AS A VETERANS CEMETERY. - +SEC. 2809. MILITARY CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT CENTERS +AT MILITARY INSTALLATIONS. + (a) Authorization of Additional Projects.--In addition to any other +military construction projects authorized under this Act, the Secretary +of the military department concerned may carry out military +construction projects for child development centers at military +installations, as specified in the funding table in section 4601. + (b) Requiring Report as Condition of Authorization.-- + (1) Report.--Not later than 90 days after the date of the + enactment of this Act, the Secretary concerned shall submit to the + congressional defense committees a report that describes the + location, title, and cost, together with a Department of Defense + Form 1391, for each project the Secretary concerned proposes to + carry out under this section. + (2) Timing of availability of funds.--No funds may be obligated + or expended for a project under this section-- + (A) unless the project is included in the report submitted + under paragraph (1); and + (B) until the expiration of the 30-day period beginning on + the date on which the Secretary concerned submits the report + under paragraph (1). + (c) Expiration of Authorization.--Section 2002 shall apply with +respect to the authorization of a military construction project under +this section in the same manner as such section applies to the +authorization of a project contained in titles XXI through XXX. +SEC. 2810. PROHIBITION ON USE OF FUNDS TO REDUCE AIR BASE RESILIENCY OR +DEMOLISH PROTECTED AIRCRAFT SHELTERS IN THE EUROPEAN THEATER WITHOUT +CREATING A SIMILAR PROTECTION FROM ATTACK. + No funds authorized to be appropriated by this Act for fiscal year +2020 for the Department of Defense may be obligated or expended to +implement any activity that reduces air base resiliency or demolishes +protected aircraft shelters in the European theater, and the Department +may not otherwise implement any such activity, without creating a +similar protection from attack in the European theater until such time +as the Secretary of Defense certifies to the congressional defense +committees that protected aircraft shelters are not required in the +European theater. +SEC. 2811. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN CERTAIN BASES +TO THE HOST NATION. + No funds authorized to be appropriated by this Act for fiscal year +2020 for the Department of Defense may be obligated or expended to +implement any activity that closes or returns to the host nation any +existing base under the European Consolidation Initiative, and the +Department shall not implement any such activity in fiscal year 2020, +until the Secretary of Defense certifies that there is no longer a need +for a rotational military presence in the European theater. + + Subtitle B--Real Property and Facilities Administration + +SEC. 2821. IMPROVED ENERGY SECURITY FOR MAIN OPERATING BASES IN EUROPE. + (a) Prohibition on Use of Certain Energy Source.--The Secretary of +Defense shall ensure that each contract for the acquisition of +furnished energy for a covered military installation in Europe does not +use any energy sourced from inside the Russian Federation as a means of +generating the furnished energy for the covered military installation. + (b) Waiver for National Security Interests.-- + (1) Waiver authority; certification.--The Secretary of Defense + may waive application of subsection (a) to a specific contract for + the acquisition of furnished energy for a covered military + installation if the Secretary certifies to the congressional + defense committees that-- + (A) the waiver of such subsection is necessary to ensure an + adequate supply of furnished energy for the covered military + installation; and + (B) the Secretary has balanced these national security + requirements against the potential risk associated with + reliance upon the Russian Federation for furnished energy. + (2) Submission of waiver notice.--Not later than 14 days before + the execution of any energy contract for which a waiver is granted + under paragraph (1), the Secretary of Defense shall submit to the + congressional defense committees notice of the waiver. The waiver + notice shall include the following: + (A) The rationale for the waiver, including the basis for + the certifications required by subparagraphs (A) and (B) of + paragraph (1). + (B) An assessment of how the waiver may impact the European + energy resiliency strategy. + (C) An explanation of the measures the Department of + Defense is taking to mitigate the risk of using Russian + Federation furnished energy. + (c) Definitions.--In this section: + (1) The term ``covered military installation'' means a military + installation in Europe identified by the Department of Defense as a + main operating base. + (2) The term ``furnished energy'' means energy furnished to a + covered military installation in any form and for any purpose, + including heating, cooling, and electricity. + (d) Conforming Repeal.--Section 2811 of the Military Construction +Authorization Act for Fiscal Year 2019 (division B of Public Law 115- +232; 132 Stat. 2266) is repealed. +SEC. 2822. ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS FOR +CREDENTIALED TRANSPORTATION WORKERS. + Section 1050(a) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended to +read as follows: + ``(a) Access to Installations for Credentialed Transportation +Workers.--The Secretary of Defense, to the extent practicable, shall +ensure that the Transportation Worker Identification Credential is +accepted as a valid credential for unescorted access to Department of +Defense installations by transportation workers.''. +SEC. 2823. IMPROVED RECORDING AND MAINTAINING OF DEPARTMENT OF DEFENSE +REAL PROPERTY DATA. + (a) Initial Report.--Not later than 150 days after the date of the +enactment of this Act, the Undersecretary of Defense for Acquisition +and Sustainment shall submit to the congressional defense committees a +report that evaluates service-level best practices for recording and +maintaining real property data. + (b) Issuance of Guidance.--Not later than 300 days after the date +of the enactment of this Act, the Undersecretary of Defense for +Acquisition and Sustainment shall issue service-wide guidance on the +recording and collection of real property data based on the best +practices described in the report. + + Subtitle C--Land Conveyances + +SEC. 2831. LAND CONVEYANCE, HILL AIR FORCE BASE, OGDEN, UTAH. + (a) Conveyance Required.--The Secretary of the Air Force may +convey, for no monetary consideration, to the State of Utah or a +designee of the State of Utah (in this section referred to as the +``State'') all right, title, and interest of the United States in and +to a parcel of real property, including improvements thereon, +consisting of approximately 35 acres located at Hill Air Force Base +commonly known as the ``Defense Nontactical Generator and Rail Center'' +and such real property adjacent to the Center as the parties consider +to be appropriate, for the purpose of permitting the State to construct +a new interchange for Interstate 15. + (b) Condition Precedent.--The conveyance authorized by subsection +(a) shall be contingent upon the relocation of the Defense Nontactical +Generator and Rail Center. + (c) Termination and Reentry.--If the State does not meet the +conditions required under subsection (d) by the date that is five years +after the date of the conveyance authorized by subsection (a), or such +later date as the Secretary of the Air Force and the State may agree is +reasonably necessary due to unexpected circumstances, the Secretary of +the Air Force may terminate such conveyance and reenter the property. + (d) Consideration and Conditions of Conveyance.--In consideration +of and as a condition to the conveyance authorized by subsection (a), +the State shall agree to the following: + (1) Not later than two years after the conveyance, the State + shall, at no cost to the United States Government-- + (A) demolish all improvements and associated infrastructure + existing on the property; and + (B) conduct environmental cleanup and remediation of the + property, as required by law and approved by the Utah + Department of Environmental Quality, for the planned + redevelopment and use of the property. + (2) Not later than three years after the completion of the + cleanup and remediation under paragraph (1)(B), the State, at no + cost to the United States Government, shall construct on Hill Air + Force Base a new gate for vehicular and pedestrian traffic in and + out of Hill Air Force Base in compliance with all applicable + construction and security requirements and such other requirements + as the Secretary of the Air Force may consider necessary. + (3) That the State shall coordinate the demolition, cleanup, + remediation, design, redevelopment, and construction activities + performed pursuant to the conveyance under subsection (a) with the + Secretary of the Air Force, the Utah Department of Transportation, + and the Utah Department of Environmental Quality. + (e) Environmental Obligations.--The State shall not have any +obligation with respect to cleanup and remediation of an environmental +condition on the property to be conveyed under subsection (a) unless +the condition was in existence and known before the date of the +conveyance or the State exacerbates the condition which then requires +further remediation. + (f) Payment of Costs of Conveyance.-- + (1) Payment required.--The Secretary of the Air Force shall + require the State to cover costs to be incurred by the Secretary, + or to reimburse the Secretary for such costs incurred, to carry out + the conveyance under subsection (a), including survey costs, costs + for environmental documentation, and other administrative costs + related to the conveyance. If amounts are collected from the State + in advance of the Secretary incurring actual costs, and the amount + collected exceeds the costs actually incurred by the Secretary to + carry out the conveyance, the Secretary shall refund the excess + amount to the State. + (2) Treatment of amounts received.--Amounts received as + reimbursement under paragraph (1) shall be credited to the fund or + account that was used to cover the costs incurred by the Secretary + in carrying out the conveyance under subsection (a) or to an + appropriate fund or account currently available to the Secretary + for the purposes for which the costs were paid. Amounts so credited + shall be merged with amounts in such fund or account and shall be + available for the same purposes, and subject to the same conditions + and limitations, as amounts in such fund or account. + (g) Description of Property.--The exact acreage and legal +description of the property to be conveyed under subsection (a) shall +be determined by a survey satisfactory to the Secretary of the Air +Force and the State. + (h) Savings Provision.--Nothing in this section shall be construed +to affect or limit the application of, or any obligation to comply +with, any environmental law, including the Comprehensive Environmental +Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et +seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). +SEC. 2832. RELEASE OF INTERESTS RETAINED IN CAMP JOSEPH T. ROBINSON, +ARKANSAS, FOR USE OF SUCH LAND AS A VETERANS CEMETERY. (a) Release of Retained Interests.-- - (1) In general.--With respect to a parcel of land at Camp - Joseph T. Robinson, Arkansas, consisting of approximately - 141.52 acres that lies in a part of section 35, township 3 - north, range 12 west, Pulaski County, Arkansas, and comprising - a portion of the property conveyed by the United States to the - State of Arkansas for training of the National Guard and for - other military purposes pursuant to ``An Act authorizing the - transfer of part of Camp Joseph T. Robinson to the State of - Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter 429), - the Secretary of the Army may release the terms and conditions - imposed, and reversionary interests retained, by the United - States under section 2 of such Act, and the right to reenter - and use the property retained by the United States under - section 3 of such Act. - (2) Impact on other rights or interests.--The release of - terms and conditions and retained interests under paragraph (1) - with respect to the parcel described in such paragraph shall - not be construed to alter the rights or interests retained by - the United States with respect to the remainder of the real - property conveyed to the State of Arkansas under the Act - described in such paragraph. + (1) In general.--With respect to a parcel of land at Camp + Joseph T. Robinson, Arkansas, consisting of approximately 141.52 + acres that lies in a part of section 35, township 3 north, range 12 + west, Pulaski County, Arkansas, and comprising a portion of the + property conveyed by the United States to the State of Arkansas for + training of the National Guard and for other military purposes + pursuant to ``An Act authorizing the transfer of part of Camp + Joseph T. Robinson to the State of Arkansas'', approved June 30, + 1950 (64 Stat. 311, chapter 429), the Secretary of the Army may + release the terms and conditions imposed, and reversionary + interests retained, by the United States under section 2 of such + Act, and the right to reenter and use the property retained by the + United States under section 3 of such Act. + (2) Impact on other rights or interests.--The release of terms + and conditions and retained interests under paragraph (1) with + respect to the parcel described in such paragraph shall not be + construed to alter the rights or interests retained by the United + States with respect to the remainder of the real property conveyed + to the State of Arkansas under the Act described in such paragraph. (b) Instrument of Release and Description of Property.-- - (1) In general.--The Secretary of the Army may execute and - file in the appropriate office a deed of release, amended deed, - or other appropriate instrument reflecting the release of terms - and conditions and retained interests under subsection (a). - (2) Legal description.--The exact acreage and legal - description of the property described in subsection (a) shall - be determined by a survey satisfactory to the Secretary of the - Army. + (1) In general.--The Secretary of the Army may execute and file + in the appropriate office a deed of release, amended deed, or other + appropriate instrument reflecting the release of terms and + conditions and retained interests under subsection (a). + (2) Legal description.--The exact acreage and legal description + of the property described in subsection (a) shall be determined by + a survey satisfactory to the Secretary of the Army. (c) Conditions on Release and Reversionary Interest.-- - (1) Expansion of veterans cemetery and reversionary - interest.-- - (A) Expansion of veterans cemetery.--The State of - Arkansas may use the parcel of land described in - subsection (a)(1) only for the expansion of the - Arkansas State Veterans Cemetery. - (B) Reversionary interest.--If the Secretary of the - Army determines at any time that the parcel of land - described in subsection (a)(1) is not being used in - accordance with the purpose specified in subparagraph - (A), all right, title, and interest in and to the land, - including any improvements thereto, shall, at the - option of the Secretary, revert to and become the - property of the United States, and the United States - shall have the right of immediate entry onto such - parcel. - (2) Additional terms and conditions.--The Secretary of the - Army may require in the instrument of release such additional - terms and conditions in connection with the release of terms - and conditions and retained interests under subsection (a) as - the Secretary considers appropriate to protect the interests of - the United States. + (1) Expansion of veterans cemetery and reversionary interest.-- + (A) Expansion of veterans cemetery.--The State of Arkansas + may use the parcel of land described in subsection (a)(1) only + for the expansion of the Arkansas State Veterans Cemetery. + (B) Reversionary interest.--If the Secretary of the Army + determines at any time that the parcel of land described in + subsection (a)(1) is not being used in accordance with the + purpose specified in subparagraph (A), all right, title, and + interest in and to the land, including any improvements + thereto, shall, at the option of the Secretary, revert to and + become the property of the United States, and the United States + shall have the right of immediate entry onto such parcel. + (2) Additional terms and conditions.--The Secretary of the Army + may require in the instrument of release such additional terms and + conditions in connection with the release of terms and conditions + and retained interests under subsection (a) as the Secretary + considers appropriate to protect the interests of the United + States. (d) Payment of Administrative Costs.-- - (1) Payment required.-- - (A) In general.--The Secretary of the Army may - require the State of Arkansas to cover costs to be - incurred by the Secretary, or to reimburse the - Secretary for costs incurred by the Secretary, to carry - out the release of terms and conditions and retained - interests under subsection (a), including survey costs, - costs related to environmental documentation, and other - administrative costs related to the release. - (B) Refund of amounts.--If amounts paid to the - Secretary by the State of Arkansas in advance under - subparagraph (A) exceed the costs actually incurred by - the Secretary to carry out the release, the Secretary - shall refund the excess amount to the State. - (2) Treatment of amounts received.--Amounts received under - paragraph (1) as reimbursement for costs incurred by the - Secretary to carry out the release of terms and conditions and - retained interests under subsection (a) shall be credited to - the fund or account that was used to cover the costs incurred - by the Secretary in carrying out the release. Amounts so - credited shall be merged with amounts in such fund or account - and shall be available for the same purposes, and subject to - the same conditions and limitations, as amounts in such fund or - account. - -SEC. 2812. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN PARCELS - OF FEDERAL LAND IN ARLINGTON, VIRGINIA. - + (1) Payment required.-- + (A) In general.--The Secretary of the Army may require the + State of Arkansas to cover costs to be incurred by the + Secretary, or to reimburse the Secretary for costs incurred by + the Secretary, to carry out the release of terms and conditions + and retained interests under subsection (a), including survey + costs, costs related to environmental documentation, and other + administrative costs related to the release. + (B) Refund of amounts.--If amounts paid to the Secretary by + the State of Arkansas in advance under subparagraph (A) exceed + the costs actually incurred by the Secretary to carry out the + release, the Secretary shall refund the excess amount to the + State. + (2) Treatment of amounts received.--Amounts received under + paragraph (1) as reimbursement for costs incurred by the Secretary + to carry out the release of terms and conditions and retained + interests under subsection (a) shall be credited to the fund or + account that was used to cover the costs incurred by the Secretary + in carrying out the release. Amounts so credited shall be merged + with amounts in such fund or account and shall be available for the + same purposes, and subject to the same conditions and limitations, + as amounts in such fund or account. +SEC. 2833. 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 shall submit to the + Administrator of General Services an application for use of the + property conveyed by 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) Compatibility with military purposes.--Before executing any + instrument of modification of the deed of conveyance, the + Administrator and the Secretary shall request a 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 + current and anticipated future use of the property for training + members of the National Guard and other military purposes. + (4) Modification of instrument of conveyance.--If the Chief of + the National Guard Bureau determines pursuant to the review under + paragraph (3) that the modification of the use of the property + described in the application is compatible with the use of the + property for training members of the National Guard and other + military purposes, the Administrator shall execute and record in + the appropriate office an instrument of modification of the deed of + conveyance executed pursuant to Public Law 85-236 in order to + authorize such use of the property described in the application. + The instrument shall be filed within 60 days of such determination + and include such additional terms and conditions as the + Administrator considers appropriate to protect the interests of the + United States. +SEC. 2834. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN PARCELS +OF FEDERAL LAND IN ARLINGTON, VIRGINIA. (a) Transfer to the Secretary of the Army.-- - (1) Transfer.--Administrative jurisdiction over the parcel - of Federal land described in paragraph (2) is transferred from - the Secretary of the Interior to the Secretary of the Army. - (2) Description of land.--The parcel of Federal land - referred to in paragraph (1) is the approximately 16.09-acre - parcel of land in Arlington, Virginia, as depicted on the map - entitled ``Arlington National Cemetery, Memorial Ave-NPS - Parcel'' and dated February 11, 2019. + (1) Transfer.--Administrative jurisdiction over the parcel of + Federal land described in paragraph (2) is transferred from the + Secretary of the Interior to the Secretary of the Army. + (2) Description of land.--The parcel of Federal land referred + to in paragraph (1) is the approximately 16.09-acre parcel of land + in Arlington, Virginia, as depicted on the map entitled ``Arlington + National Cemetery, Memorial Ave-NPS Parcel'' and dated February 11, + 2019. (b) Transfer to the Secretary of the Interior.-- - (1) Transfer.--Administrative jurisdiction over the parcel - of Federal land described in paragraph (2) is transferred from - the Secretary of the Army to the Secretary of the Interior. - (2) Description of land.--The parcel of Federal land - referred to in paragraph (1) is the approximately 1.04-acre - parcel of land in Arlington, Virginia, as depicted on the map - entitled ``Arlington National Cemetery-Chaffee NPS Land Swap'' - and dated October 31, 2018. + (1) Transfer.--Administrative jurisdiction over the parcel of + Federal land described in paragraph (2) is transferred from the + Secretary of the Army to the Secretary of the Interior. + (2) Description of land.--The parcel of Federal land referred + to in paragraph (1) is the approximately 1.04-acre parcel of land + in Arlington, Virginia, as depicted on the map entitled ``Arlington + National Cemetery-Chaffee NPS Land Swap'' and dated October 31, + 2018. (c) Land Surveys.--The exact acreage and legal description of a parcel of Federal land described in subsection (a)(2) or (b)(2) shall be determined by a survey satisfactory to the Secretary of the Army and @@ -19104,502 +38134,495 @@ the Secretary of the Interior. Secretary of the Interior may correct any clerical or typographical error in a map described in subsection (a)(2) or (b)(2). (e) Terms and Conditions.-- - (1) No reimbursement or consideration.--A transfer by - subsection (a)(1) or (b)(1) shall be without reimbursement or - consideration. - (2) Continued recreational access.--The use of a bicycle - trail or recreational access within a parcel of Federal land - described in subsection (a)(2) or (b)(2) in which the use or - access is authorized before the date of enactment of this Act - shall be allowed to continue after the transfer of the - applicable parcel of Federal land by subsection (a)(1) or - (b)(1). - (3) Management of parcel transferred to secretary of the - army.--The parcel of Federal land transferred to the Secretary - of the Army by section (a)(1) shall be administered by the - Secretary of the Army-- - (A) as part of Arlington National Cemetery; and - (B) in accordance with applicable law, including-- - (i) regulations; and - (ii) section 2409 of title 38, United - States Code. - (4) Management of parcel transferred to secretary of the - interior.--The parcel of Federal land transferred to the - Secretary of the Interior by subsection (b)(1) shall be-- - (A) included within the boundary of Arlington - House, The Robert E. Lee Memorial; and - (B) administered by the Secretary of the Interior-- - (i) as part of the memorial referred to in - subparagraph (A); and - (ii) in accordance with applicable law - (including regulations). - -SEC. 2813. MODIFICATION OF REQUIREMENTS RELATING TO LAND ACQUISITION IN - ARLINGTON COUNTY, VIRGINIA. - - Section 2829A of the National Defense Authorization Act for Fiscal -Year 2017 (Public Law 114-328; 130 Stat. 2728) is amended-- - (1) in subsection (a)-- - (A) in paragraph (2)-- - (i) in subparagraph (A)-- - (I) by striking ``to remove'' and - inserting ``if existing County - utilities in the Southgate Road right - of way are permitted to remain in - accordance with a mutually agreed upon - utility easement, to remove'' - (II) by striking ``through a - realignment'' and inserting ``through-- - ``(i) a realignment''; - (III) in clause (i), as designated - by subclause (I), by striking ``and'' - at the end and inserting ``or''; and - (IV) by adding at the end the - following new clause: - ``(ii) the replacement of Southgate Road - with a new access road to Joint Base Myer- - Henderson Hall; and''; and - (ii) in subparagraph (B), by striking the - period at the end and inserting ``in accordance - with this section and applicable Federal, - Commonwealth, and County road right of way - engineering standards and requirements.''; and - (B) by amending paragraph (3) to read as follows: - ``(3) Consideration.-- - ``(A) In general.--The Secretary shall expend - amounts up to fair market value consideration for the - interests in land acquired under this subsection as - such value is determined by an independent appraisal - process in accordance with the Uniform Relocation - Assistance and Real Property Acquisition Policies Act - of 1970 (42 U.S.C. 4601 et seq.). - ``(B) In-kind consideration.-- - ``(i) In general.--Any substitute or - replacement facilities provided as in-kind - consideration to replace existing Commonwealth - or County roadways under this subsection - shall-- - ``(I) be conveyed in fee simple - absolute with no encumbrances or - restrictions unless otherwise agreed by - the Commonwealth or the County; - ``(II) comply with applicable - Commonwealth or County road right of - way engineering standards and - requirements; and - ``(III) with respect to any - substitute facility provided for the - realignment of Columbia Pike-- - ``(aa) include a right-of- - way profile (including - constructed roadway, sidewalks, - bicycle trails, multi-use - trails, buffers, etc.) of not - less than 92 feet in width; and - ``(bb) ensure that, if a - vehicle or equipment tunnel - under Columbia Pike is - determined by the Secretary to - be necessary, there is a depth - of not less than 10 feet - between the top of the tunnel - and the surface of the roadway. - ``(ii) Difference in fair market value.-- - The Commonwealth and the County shall be - entitled to monetary compensation in an amount - equal to the difference in the fair market - value of any property acquired under this - subsection and any property provided as in-kind - consideration under this subparagraph for such - acquired property, which shall be appraised-- - ``(I) as if such properties were to - be made available as surplus; and - ``(II) as determined by an - independent appraisal process in - accordance with the Uniform Relocation - Assistance and Real Property - Acquisition Policies Act of 1970 (42 - U.S.C. 4601 et seq.).''; - (2) in subsection (c), by striking ``appraisals acceptable - to the Secretary'' and inserting ``an independent appraisal - process in accordance with the Uniform Relocation Assistance - and Real Property Acquisition Policies Act of 1970 (42 U.S.C. - 4601 et seq.)''; and - (3) in subsection (d), by striking ``, in consultation with - the Commonwealth and the County where practicable'' and - inserting ``the Commonwealth, and the County''. - -SEC. 2814. WHITE SANDS MISSILE RANGE LAND ENHANCEMENTS. - + (1) No reimbursement or consideration.--A transfer by + subsection (a)(1) or (b)(1) shall be without reimbursement or + consideration. + (2) Continued recreational access.--The use of a bicycle trail + or recreational access within a parcel of Federal land described in + subsection (a)(2) or (b)(2) in which the use or access is + authorized before the date of the enactment of this Act shall be + allowed to continue after the transfer of the applicable parcel of + Federal land by subsection (a)(1) or (b)(1). + (3) Management of parcel transferred to secretary of the + army.-- + (A) In general.--The parcel of Federal land transferred to + the Secretary of the Army by subsection (a)(1) shall be + administered by the Secretary of the Army-- + (i) as part of Arlington National Cemetery; and + (ii) in accordance with applicable law, including-- + + (I) regulations; and + (II) section 2409 of title 38, United States Code. + + (B) Memorandum of understanding on operation of maintenance + of memorial.-- + (i) In general.--The Secretary of the Army shall seek + to enter into a memorandum of understanding with the Women + in Military Service for America Memorial Foundation, Inc., + to define roles and responsibilities for the shared + responsibility and resources for operation and maintenance + of the Women in Military Service for America Memorial and + the surrounding grounds. + (ii) Allocation of amounts.--The Secretary of the Army + may, pursuant to the memorandum of understanding described + in clause (i), allocate amounts to the foundation described + in that clause to support operation and maintenance of the + memorial described in that clause. + (4) Management of parcel transferred to secretary of the + interior.--The parcel of Federal land transferred to the Secretary + of the Interior by subsection (b)(1) shall be-- + (A) included within the boundary of Arlington House, The + Robert E. Lee Memorial; and + (B) administered by the Secretary of the Interior-- + (i) as part of the memorial referred to in subparagraph + (A); and + (ii) in accordance with applicable law (including + regulations). + + Subtitle D--Military Land Withdrawals + +SEC. 2841. PUBLIC NOTICE REGARDING UPCOMING PERIODS OF SECRETARY OF THE +NAVY MANAGEMENT OF SHARED USE AREA OF THE JOHNSON VALLEY OFF-HIGHWAY +VEHICLE RECREATION AREA. + (a) Public Notice Required.--Section 2942(b)(2) of the Military +Land Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 127 +Stat. 1036) is amended by adding at the end the following new +subparagraph: + ``(D) Public notice.--Not later than one year before the + date on which a 30-day period of Secretary of the Navy + management of the Shared Use Area commences, the Secretary of + the Navy, acting through the Resource Management Group + established pursuant to section 2944, shall notify the public + of such date of commencement and the intention of the Armed + Forces to use the Shared Use Area for military training + purposes. The Secretary of the Navy, upon notice to the + Secretary of the Interior, may waive such public notice in the + event of an emergent military training requirement.''. + (b) Application of Amendment.--Subparagraph (D) of section +2942(b)(2) of the Military Land Withdrawals Act of 2013 (title XXIX of +Public Law 113-66; 127 Stat. 1036), as added by subsection (a), shall +apply to periods of Secretary of the Navy management of the Shared Use +Area of the Johnson Valley Off-Highway Vehicle Recreation Area under +such section that commence on or after January 1, 2021. + + Subtitle E--White Sands National Park and White Sands Missile Range + +SEC. 2851. WHITE SANDS MISSILE RANGE LAND ENHANCEMENTS. (a) Definitions.--In this section: - (1) Map.--The term ``Map'' means the map entitled ``White - Sands National Park Proposed Boundary Revision & Transfer of - Lands Between National Park Service & Department of the Army'', - numbered 142/136,271, and dated February 14, 2017. - (2) Military munitions.--The term ``military munitions'' - has the meaning given the term in section 101(e) of title 10, - United States Code. - (3) Missile range.--The term ``missile range'' means the - White Sands Missile Range, New Mexico, administered by the - Secretary of the Army. - (4) Monument.--The term ``Monument'' means the White Sands - National Monument, New Mexico, established by Presidential - Proclamation No. 2025 (54 U.S.C. 320301 note), dated January - 18, 1933, and administered by the Secretary. - (5) Munitions debris.--The term ``munitions debris'' has - the meaning given the term in volume 8 of the Department of - Defense Manual Number 6055.09-M entitled ``DoD Ammunitions and - Explosives Safety Standards'' and dated February 29, 2008 (as - in effect on the date of enactment of this Act). - (6) Park.--The term ``Park'' means the White Sands National - Park established by subsection (b)(2)(A). - (7) Public land order.--The term ``Public Land Order'' - means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. - 4822). - (8) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - (9) State.--The term ``State'' means the State of New - Mexico. + (1) Map.--The term ``Map'' means the map entitled ``White Sands + National Park Proposed Boundary Revision & Transfer of Lands + Between National Park Service & Department of the Army'', numbered + 142/136,271, and dated February 14, 2017. + (2) Military munitions.--The term ``military munitions'' has + the meaning given the term in section 101(e) of title 10, United + States Code. + (3) Missile range.--The term ``missile range'' means the White + Sands Missile Range, New Mexico, administered by the Secretary of + the Army. + (4) Monument.--The term ``Monument'' means the White Sands + National Monument, New Mexico, established by Presidential + Proclamation No. 2025 (54 U.S.C. 320301 note), dated January 18, + 1933, and administered by the Secretary of the Interior. + (5) Munitions debris.--The term ``munitions debris'' has the + meaning given the term in volume 8 of the Department of Defense + Manual Number 6055.09-M entitled ``DoD Ammunitions and Explosives + Safety Standards'' and dated February 29, 2008 (as in effect on the + date of the enactment of this Act). + (6) Park.--The term ``Park'' means the White Sands National + Park established by subsection (b)(1). + (7) Public land order.--The term ``Public Land Order'' means + Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822). + (8) State.--The term ``State'' means the State of New Mexico. (b) White Sands National Park.-- - (1) Findings.--Congress finds that-- - (A) White Sands National Monument was established - on January 18, 1933, by President Herbert Hoover under - chapter 3203 of title 54, United States Code (commonly - known as the ``Antiquities Act of 1906''); - (B) President Hoover proclaimed that the Monument - was established ``for the preservation of the white - sands and additional features of scenic, scientific, - and educational interest''; - (C) the Monument was expanded by Presidents - Roosevelt, Eisenhower, Carter, and Clinton in 1934, - 1942, 1953, 1978, and 1996, respectively; - (D) the Monument contains a substantially more - diverse set of nationally significant historical, - archaeological, scientific, and natural resources than - were known of at the time the Monument was established, - including a number of recent discoveries; - (E) the Monument is recognized as a major unit of - the National Park System with extraordinary values - enjoyed by more visitors each year since 1995 than any - other unit in the State; - (F) the Monument contributes significantly to the - local economy by attracting tourists; and - (G) designation of the Monument as a national park - would increase public recognition of the diverse array - of nationally significant resources at the Monument and - visitation to the unit. - (2) Establishment of white sands national park.-- - (A) Establishment.--To protect, preserve, and - restore its scenic, scientific, educational, natural, - geological, historical, cultural, archaeological, - paleontological, hydrological, fish, wildlife, and - recreational values and to enhance visitor experiences, - there is established in the State the White Sands - National Park as a unit of the National Park System. - (B) Abolishment of white sands national monument.-- - (i) Abolishment.--Due to the establishment - of the Park, the Monument is abolished. - (ii) Incorporation.--The land and interests - in land that comprise the Monument are - incorporated in, and shall be considered to be - part of, the Park. - (C) References.--Any reference in a law, map, - regulation, document, paper, or other record of the - United States to the ``White Sands National Monument'' - shall be considered to be a reference to the ``White - Sands National Park''. - (D) Availability of funds.--Any funds available for - the Monument shall be available for the Park. - (E) Administration.--The Secretary shall administer - the Park in accordance with-- - (i) this subsection; and - (ii) the laws generally applicable to units - of the National Park System, including section - 100101(a), chapter 1003, sections 100751(a), - 100752, 100753, and 102101, and chapter 3201 of - title 54, United States Code. - (F) World heritage list nomination.-- - (i) County concurrence.--The Secretary - shall not submit a nomination for the Park to - be included on the World Heritage List of the - United Nations Educational, Scientific and - Cultural Organization unless each county in - which the Park is located concurs in the - nomination. - (ii) Army notification.--Before submitting - a nomination for the Park to be included on the - World Heritage List of the United Nations - Educational, Scientific and Cultural - Organization, the Secretary shall notify the - Secretary of the Army of the intent of the - Secretary to nominate the Park. - (G) Effect.--Nothing in this paragraph affects-- - (i) valid existing rights (including water - rights); - (ii) permits or contracts issued by the - Monument; - (iii) existing agreements, including - agreements with the Department of Defense; - (iv) the jurisdiction of the Department of - Defense regarding the restricted airspace above - the Park; or - (v) the airshed classification of the Park - under the Clean Air Act (42 U.S.C. 7401 et - seq.). + (1) Establishment.--To protect, preserve, and restore its + scenic, scientific, educational, natural, geological, historical, + cultural, archaeological, paleontological, hydrological, fish, + wildlife, and recreational values and to enhance visitor + experiences, there is established in the State the White Sands + National Park as a unit of the National Park System. + (2) Abolishment of white sands national monument.-- + (A) Abolishment.--Due to the establishment of the Park, the + Monument is abolished. + (B) Incorporation.--The land and interests in land that + comprise the Monument are incorporated in, and shall be + considered to be part of, the Park. + (3) References.--Any reference in a law, map, regulation, + document, paper, or other record of the United States to the + ``White Sands National Monument'' shall be considered to be a + reference to the ``White Sands National Park''. + (4) Availability of funds.--Any funds available for the + Monument shall be available for the Park. + (5) Administration.--The Secretary of the Interior shall + administer the Park in accordance with-- + (A) this subsection; and + (B) the laws generally applicable to units of the National + Park System, including section 100101(a), chapter 1003, + sections 100751(a), 100752, 100753, and 102101, and chapter + 3201 of title 54, United States Code. + (6) World heritage list nomination.-- + (A) County concurrence.--The Secretary of the Interior + shall not submit a nomination for the Park to be included on + the World Heritage List of the United Nations Educational, + Scientific and Cultural Organization unless each county in + which the Park is located concurs in the nomination. + (B) Army notification.--Before submitting a nomination for + the Park to be included on the World Heritage List of the + United Nations Educational, Scientific and Cultural + Organization, the Secretary of the Interior shall notify the + Secretary of the Army of the intent of the Secretary of the + Interior to nominate the Park. + (7) Effect.--Nothing in this subsection affects-- + (A) valid existing rights (including water rights); + (B) permits or contracts issued by the Monument; + (C) existing agreements, including agreements with the + Department of Defense; + (D) the jurisdiction of the Department of Defense regarding + the restricted airspace above the Park; or + (E) the airshed classification of the Park under the Clean + Air Act (42 U.S.C. 7401 et seq.). (c) Modification of Boundaries of White Sands National Park and White Sands Missile Range.-- - (1) Transfers of administrative jurisdiction.-- - (A) Transfer of administrative jurisdiction to the - secretary.-- - (i) In general.--Administrative - jurisdiction over the land described in clause - (ii) is transferred from the Secretary of the - Army to the Secretary. - (ii) Description of land.--The land - referred to in clause (i) is-- - (I) the approximately 2,826 acres - of land identified as ``To NPS, lands - inside current boundary'' on the Map; - and - (II) the approximately 5,766 acres - of land identified as ``To NPS, new - additions'' on the Map. - (B) Transfer of administrative jurisdiction to the - secretary of the army.-- - (i) In general.--Administrative - jurisdiction over the land described in clause - (ii) is transferred from the Secretary to the - Secretary of the Army. - (ii) Description of land.--The land - referred to in clause (i) is the approximately - 3,737 acres of land identified as ``To DOA'' on - the Map. - (2) Boundary modifications.-- - (A) Park.-- - (i) In general.--The boundary of the Park - is revised to reflect the boundary depicted on - the Map. - (ii) Map.-- - (I) In general.--The Secretary, in - coordination with the Secretary of the - Army, shall prepare and keep on file - for public inspection in the - appropriate office of the Secretary a - map and a legal description of the - revised boundary of the Park. - (II) Effect.--The map and legal - description under subclause (I) shall - have the same force and effect as if - included in this section, except that - the Secretary may correct clerical and - typographical errors in the map and - legal description. - (iii) Boundary survey.--As soon as - practicable after the date of the establishment - of the Park and subject to the availability of - funds, the Secretary shall complete an official - boundary survey of the Park. - (B) Missile range.-- - (i) In general.--The boundary of the - missile range and the Public Land Order are - modified to exclude the land transferred to the - Secretary under paragraph (1)(A) and to include - the land transferred to the Secretary of the - Army under paragraph (1)(B). - (ii) Map.--The Secretary shall prepare a - map and legal description depicting the revised - boundary of the missile range. - (C) Conforming amendment.--Section 2854 of Public - Law 104-201 (54 U.S.C. 320301 note) is repealed. - (3) Administration.-- - (A) Park.--The Secretary shall administer the land - transferred under paragraph (1)(A) in accordance with - laws (including regulations) applicable to the Park. - (B) Missile range.--Subject to subparagraph (C), - the Secretary of the Army shall administer the land - transferred to the Secretary of the Army under - paragraph (1)(B) as part of the missile range. - (C) Infrastructure; resource management.-- - (i) Range road 7.-- - (I) Infrastructure management.--To - the maximum extent practicable, in - planning, constructing, and managing - infrastructure on the land described in - subclause (III), the Secretary of the - Army shall apply low-impact development - techniques and strategies to prevent - impacts within the missile range and - the Park from stormwater runoff from - the land described in that subclause. - (II) Resource management.--The - Secretary of the Army shall-- - (aa) manage the land - described in subclause (III) in - a manner consistent with the - protection of natural and - cultural resources within the - missile range and the Park and - in accordance with section - 101(a)(1)(B) of the Sikes Act - (16 U.S.C. 670a(a)(1)(B)), - division A of subtitle III of - title 54, United States Code, - and the Native American Graves - Protection and Repatriation Act - (25 U.S.C. 3001 et seq.); and - (bb) include the land - described in subclause (III) in - the integrated natural and - cultural resource management - plan for the missile range. - (III) Description of land.--The - land referred to in subclauses (I) and - (II) is the land that is transferred to - the administrative jurisdiction of the - Secretary of the Army under paragraph - (1)(B) and located in the area east of - Range Road 7 in-- - (aa) T. 17 S., R. 5 E., - sec. 31; - (bb) T. 18 S., R. 5 E.; and - (cc) T. 19 S., R. 5 E., - sec. 5. - (ii) Fence.-- - (I) In general.--The Secretary of - the Army shall continue to allow the - Secretary to maintain the fence shown - on the Map until such time as the - Secretary determines that the fence is - unnecessary for the management of the - Park. - (II) Removal.--If the Secretary - determines that the fence is - unnecessary for the management of the - Park under subclause (I), the Secretary - shall promptly remove the fence at the - expense of the Department of the - Interior. - (D) Research.--The Secretary of the Army and the - Secretary may enter into an agreement to allow the - Secretary to conduct certain research in the area - identified as ``Cooperative Use Research Area'' on the - Map. - (E) Military munitions and munitions debris.-- - (i) Response action.--With respect to any - Federal liability, the Secretary of the Army - shall remain responsible for any response - action addressing military munitions or - munitions debris on the land transferred under - paragraph (1)(A) to the same extent as on the - day before the date of enactment of this Act. - (ii) Investigation of military munitions - and munitions debris.-- - (I) In general.--The Secretary may - request that the Secretary of the Army - conduct 1 or more investigations of - military munitions or munitions debris - on any land transferred under paragraph - (1)(A). - (II) Access.--The Secretary shall - give access to the Secretary of the - Army to the land covered by a request - under subclause (I) for the purposes of - conducting the 1 or more investigations - under that subclause. - (III) Limitation.--An investigation - conducted under this clause shall be - subject to available appropriations. - (iii) Applicable law.--Any activities - undertaken under this subparagraph shall be - carried out in accordance with-- - (I) the Comprehensive Environmental - Response, Compensation, and Liability - Act of 1980 (42 U.S.C. 9601 et seq.); - (II) the purposes for which the - Park was established; and - (III) any other applicable law. - - Subtitle C--Other Matters - -SEC. 2821. EQUAL TREATMENT OF INSURED DEPOSITORY INSTITUTIONS AND - CREDIT UNIONS OPERATING ON MILITARY INSTALLATIONS. + (1) Transfers of administrative jurisdiction.-- + (A) Transfer of administrative jurisdiction to the + secretary of the interior.-- + (i) In general.--Administrative jurisdiction over the + land described in clause (ii) is transferred from the + Secretary of the Army to the Secretary of the Interior. + (ii) Description of land.--The land referred to in + clause (i) is-- + + (I) the approximately 2,826 acres of land + identified as ``To NPS, lands inside current boundary'' + on the Map; and + (II) the approximately 5,766 acres of land + identified as ``To NPS, new additions'' on the Map. + + (B) Transfer of administrative jurisdiction to the + secretary of the army.-- + (i) In general.--Administrative jurisdiction over the + land described in clause (ii) is transferred from the + Secretary of the Interior to the Secretary of the Army. + (ii) Description of land.--The land referred to in + clause (i) is the approximately 3,737 acres of land + identified as ``To DOA'' on the Map. + (2) Boundary modifications.-- + (A) Park.-- + (i) In general.--The boundary of the Park is revised to + reflect the boundary depicted on the Map. + (ii) Map.-- + + (I) In general.--The Secretary of the Interior, in + coordination with the Secretary of the Army, shall + prepare and keep on file for public inspection in the + appropriate office of the Secretary of the Interior a + map and a legal description of the revised boundary of + the Park. + (II) Effect.--The map and legal description under + subclause (I) shall have the same force and effect as + if included in this section, except that the Secretary + of the Interior may correct clerical and typographical + errors in the map and legal description. + + (iii) Boundary survey.--As soon as practicable after + the date of the establishment of the Park and subject to + the availability of funds, the Secretary of the Interior + shall complete an official boundary survey of the Park. + (B) Missile range.-- + (i) In general.--The boundary of the missile range and + the Public Land Order are modified to exclude the land + transferred to the Secretary of the Interior under + paragraph (1)(A) and to include the land transferred to the + Secretary of the Army under paragraph (1)(B). + (ii) Map.--The Secretary of the Interior shall prepare + a map and legal description depicting the revised boundary + of the missile range. + (C) Conforming amendment.--Section 2854 of the National + Defense Authorization Act for Fiscal Year 1997 (Public Law 104- + 201; 54 U.S.C. 320301 note) is repealed. + (3) Administration.-- + (A) Park.--The Secretary of the Interior shall administer + the land transferred under paragraph (1)(A) in accordance with + laws (including regulations) applicable to the Park. + (B) Missile range.--Subject to subparagraph (C), the + Secretary of the Army shall administer the land transferred to + the Secretary of the Army under paragraph (1)(B) as part of the + missile range. + (C) Infrastructure; resource management.-- + (i) Range road 7.-- + + (I) Infrastructure management.--To the maximum + extent practicable, in planning, constructing, and + managing infrastructure on the land described in + subclause (III), the Secretary of the Army shall apply + low-impact development techniques and strategies to + prevent impacts within the missile range and the Park + from stormwater runoff from the land described in that + subclause. + (II) Resource management.--The Secretary of the + Army shall-- + + (aa) manage the land described in subclause + (III) in a manner consistent with the protection of + natural and cultural resources within the missile + range and the Park and in accordance with section + 101(a)(1)(B) of the Sikes Act (16 U.S.C. + 670a(a)(1)(B)), division A of subtitle III of title + 54, United States Code, and the Native American + Graves Protection and Repatriation Act (25 U.S.C. + 3001 et seq.); and + (bb) include the land described in subclause + (III) in the integrated natural and cultural + resource management plan for the missile range. + + (III) Description of land.--The land referred to in + subclauses (I) and (II) is the land that is transferred + to the administrative jurisdiction of the Secretary of + the Army under paragraph (1)(B) and located in the area + east of Range Road 7 in-- + + (aa) T. 17 S., R. 5 E., sec. 31; + (bb) T. 18 S., R. 5 E.; and + (cc) T. 19 S., R. 5 E., sec. 5. + (ii) Fence.-- + + (I) In general.--The Secretary of the Army shall + continue to allow the Secretary of the Interior to + maintain the fence shown on the Map until such time as + the Secretary of the Interior determines that the fence + is unnecessary for the management of the Park. + (II) Removal.--If the Secretary of the Interior + determines that the fence is unnecessary for the + management of the Park under subclause (I), the + Secretary of the Interior shall promptly remove the + fence at the expense of the Department of the Interior. + + (D) Research.--The Secretary of the Army and the Secretary + of the Interior may enter into an agreement to allow the + Secretary of the Interior to conduct certain research in the + area identified as ``Cooperative Use Research Area'' on the + Map. + (E) Military munitions and munitions debris.-- + (i) Response action.--With respect to any Federal + liability, the Secretary of the Army shall remain + responsible for any response action addressing military + munitions or munitions debris on the land transferred under + paragraph (1)(A) to the same extent as on the day before + the date of the enactment of this Act. + (ii) Investigation of military munitions and munitions + debris.-- + + (I) In general.--The Secretary of the Interior may + request that the Secretary of the Army conduct 1 or + more investigations of military munitions or munitions + debris on any land transferred under paragraph (1)(A). + (II) Access.--The Secretary of the Interior shall + give access to the Secretary of the Army to the land + covered by a request under subclause (I) for the + purposes of conducting the 1 or more investigations + under that subclause. + (III) Limitation.--An investigation conducted under + this clause shall be subject to available + appropriations. + + (iii) Applicable law.--Any activities undertaken under + this subparagraph shall be carried out in accordance with-- + + (I) the Comprehensive Environmental Response, + Compensation, and Liability Act of 1980 (42 U.S.C. 9601 + et seq.); + (II) the purposes for which the Park was + established; and + (III) any other applicable law. - Section 2667 of title 10, United States Code, is amended by adding -at the end the following: - ``(l) Treatment of Insured Depository Institutions.--(1) Each -covered insured depository institution operating on a military -installation within the continental United States may be allotted space -or leased land on the military installation without charge for rent or -services in the same manner as a credit union organized under State law -or a Federal credit union under section 124 of the Federal Credit Union -Act (12 U.S.C. 1770) if space is available. - ``(2) Each covered insured depository institution, credit union -organized under State law, and Federal credit union operating on a -military installation within the continental United States shall be -treated equally with respect to policies of the Department of Defense -governing the financial terms of leases, logistical support, services, -and utilities. - ``(3) The Secretary concerned shall not be required to provide no- -cost office space or a no-cost land lease to any covered insured -depository institution, credit union organized under State law, or -Federal credit union. - ``(4) In this subsection: - ``(A) The term `covered insured depository institution' - means an insured depository institution that meets the - requirements applicable to a credit union organized under State - law or a Federal credit union under section 124 of the Federal - Credit Union Act (12 U.S.C. 1770). The depositors of an insured - depository institution shall be considered members for purposes - of the application of this subparagraph to that section. - ``(B) The term `Federal credit union' has the meaning given - the term in section 101 of the Federal Credit Union Act (12 - U.S.C. 1752). - ``(C) The term `insured depository institution' has the - meaning given the term in section 3 of the Federal Deposit - Insurance Act (12 U.S.C. 1813).''. - -SEC. 2822. EXPANSION OF TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF - CONTRIBUTIONS FOR CERTAIN CONSTRUCTION, MAINTENANCE, AND - REPAIR PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF - DEFENSE AND KUWAIT MILITARY FORCES. - - (a) Expansion.--Section 2804 of the Military Construction -Authorization Act for Fiscal Year 2016 (10 U.S.C. 2350j note) is -amended-- - (1) in subsection (a)-- - (A) by striking ``government of Kuwait'' and - inserting ``Government of Kuwait and the Government of - the Republic of Korea''; and - (B) by striking ``Kuwait military forces'' and - inserting ``the military forces of the applicable - contributing country''; - (2) in subsection (b), by inserting ``for contributions - from the contributing country'' after ``Secretary of Defense''; - (3) in subsection (c), by striking ``government of Kuwait'' - and inserting ``government of the contributing country''; and - (4) in subsection (e)-- - (A) in paragraph (1), by striking ``government of - Kuwait'' and inserting ``government of the contributing - country''; and - (B) in paragraph (2)-- - (i) in subparagraph (A), by striking - ``Kuwait military forces'' and inserting - ``military forces of the contributing - country''; and - (ii) in subparagraph (C), by striking - ``Kuwait military forces'' and inserting ``the - military forces of the contributing country''. - (b) Conforming Amendment.--The heading of such section is amended -to read as follows: - -``SEC. 2804. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF - CONTRIBUTIONS FOR CERTAIN CONSTRUCTION, MAINTENANCE, AND - REPAIR PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF - DEFENSE AND THE MILITARY FORCES OF KUWAIT AND THE - REPUBLIC OF KOREA.''. - -SEC. 2823. DESIGNATION OF SUMPTER SMITH JOINT NATIONAL GUARD BASE. + Subtitle F--Other Matters +SEC. 2861. INSTALLATION AND MAINTENANCE OF FIRE EXTINGUISHERS IN +DEPARTMENT OF DEFENSE FACILITIES. + The Secretary of Defense shall ensure that portable fire +extinguishers are installed and maintained in all Department of Defense +facilities, in accordance with requirements of national model fire +codes developed by the National Fire Protection Association and the +International Code Council that require redundancy and extinguishers +throughout occupancies regardless of the presence of other suppression +systems or alarm systems. +SEC. 2862. DEFINITION OF COMMUNITY INFRASTRUCTURE FOR PURPOSES OF +MILITARY BASE REUSE STUDIES AND COMMUNITY PLANNING ASSISTANCE. + Paragraph (4) of section 2391(e) of title 10, United States Code, +is amended to read as follows: + ``(4)(A) The term `community infrastructure' means a project or + facility described in subparagraph (B) that-- + ``(i) is located off of a military installation; and + ``(ii) is-- + ``(I) owned by a State or local government; or + ``(II) a not-for-profit, member-owned utility service. + ``(B) A project or facility described in this subparagraph is + any of the following: + ``(i) Any transportation project. + ``(ii) A school, hospital, police, fire, emergency + response, or other community support facility. + ``(iii) A water, waste-water, telecommunications, electric, + gas, or other utility infrastructure project.''. +SEC. 2863. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF CONTRIBUTIONS +FOR CERTAIN DESIGN AND CONSTRUCTION PROJECTS MUTUALLY BENEFICIAL TO THE +DEPARTMENT OF DEFENSE AND THE REPUBLIC OF KOREA. + (a) Acceptance of Contributions.-- + (1) In general.--The Secretary concerned may accept cash + contributions from the Republic of Korea to carry out the + following: + (A) The design and construction of the Black Hat + Intelligence Fusion Center, Camp Humphreys, Republic of Korea. + (B) The design of the Korean Air and Space Operations and + Intelligence Center, Osan Air Base, Republic of Korea. + (2) Cost-sharing agreement.--In the event the contribution + under paragraph (1) is insufficient to cover the entire cost of the + activity authorized under that paragraph, the Secretary concerned + shall enter into a cost-sharing agreement with the Republic of + Korea detailing the portion of the authorized activity that is to + be funded with the contribution and identifying sufficient other + funds to undertake the entire authorized activity. + (b) Establishment of Account.--Contributions accepted under +subsection (a) shall be placed in an account established by the +Secretary concerned and shall remain available until expended as +provided in such subsection. + (c) Notice.-- + (1) In general.--Not later than 14 days before carrying out a + project using contributions accepted under subsection (a) for which + the estimated cost of the project will exceed the thresholds + prescribed by section 2805 of title 10, United States Code, the + Secretary concerned shall submit to the congressional defense + committees, the Committee on Foreign Relations of the Senate, and + the Committee on Foreign Affairs of the House of Representatives-- + (A) a written notice of the decision to carry out the + project; + (B) a justification for the project; and + (C) the estimated cost of the project. + (2) Notice for projects that require cost sharing.--Not later + than 14 days before carrying out a project using contributions + accepted under subsection (a) for which a cost-sharing agreement is + entered into under paragraph (2) of such subsection, the Secretary + concerned shall submit to the congressional defense committees in + an electronic medium pursuant to section 480 of title 10, United + States Code-- + (A) a written notice of the acceptance of the contributions + for the project; + (B) a copy of the Department of Defense Form 1391 for the + project; + (C) the estimated cost of the project; and + (D) details on the cost-sharing agreement with the Republic + of Korea. + (d) Expiration of Project Authority.-- + (1) In general.--The authority to accept contributions and + carry out projects under this section expires on September 30, + 2030. + (2) Continuation of projects.--The expiration of authority + under paragraph (1) does not prevent the continuation of any + project commenced before the date specified in that paragraph. + (e) Mutually Beneficial.--A project described in subsection (a) +shall be considered to be mutually beneficial if-- + (1) the project is in support of a bilateral defense + cooperation agreement between the United States and the Republic of + Korea; or + (2) the Secretary concerned determines that the United States + may derive a benefit from the project, including-- + (A) access to and use of facilities of the military forces + of the Republic of Korea; + (B) ability or capacity for future force posture; and + (C) increased interoperability between military forces of + the Department of Defense and the Republic of Korea. + (f) Secretary Concerned Defined.--In this section, the term +``Secretary concerned'' has the meaning given that term in section +101(9) of title 10, United States Code. +SEC. 2864. BLACK START EXERCISES AT MILITARY INSTALLATIONS. + (a) Requirement.--Not later than September 30, 2020, the Secretary +of Defense shall conduct a black start exercise at three military +installations, at least one of which shall be a Joint Base. The +exercises shall be conducted at installations at which such an exercise +has not previously been conducted, for the purpose of identifying any +shortcomings in infrastructure, joint operations, joint coordination, +and security that would result from a loss of power at the +installation. + (b) Report.--Not later than June 1, 2020, the Secretary of Defense +shall submit to the congressional defense committees a report that +contains a discussion of lessons learned from black start exercises +conducted by the Secretary of Defense during the period beginning with +the first such exercise and ending on December 31, 2019, including the +three most recurring issues identified as a result of such exercises +with respect to infrastructure, joint coordination efforts, and +security. + (c) Black Start Exercise Defined.--In this section, the term +``black start exercise'' means, with respect to a military +installation, an exercise in which commercial utility power at the +installation is dropped before backup generation assets start, for the +purpose of-- + (1) testing the ability of the backup systems to start, + transfer the load, and carry the load until commercial power is + restored; + (2) aligning stakeholders on critical energy requirements to + meet mission requirements; + (3) validating mission operation plans, such as continuity of + operations plans; + (4) identifying infrastructure interdependencies; and + (5) verifying backup electric power system performance. +SEC. 2865. PILOT PROGRAM TO EXTEND SERVICE LIFE OF ROADS AND RUNWAYS +UNDER THE JURISDICTION OF THE SECRETARY OF DEFENSE. + (a) Pilot Program Authorized.--The Secretary of Defense, in +consultation with the Secretary of Transportation, may carry out a +pilot program to design, build, and test technologies, techniques, and +materials in order to extend the service life of roads and runways +under the jurisdiction of the Secretary of Defense. + (b) Scope.--The pilot program under subsection (a) shall include +the following: + (1) The design, testing, and assembly of technologies and + systems suitable for pavement applications. + (2) Research, development, and testing of pavement materials + for use in different geographic areas in the United States. + (3) The design and procurement of platforms and equipment to + test the performance, cost, feasibility, and effectiveness of the + technologies, systems, and materials described in paragraphs (1) + and (2). + (c) Award of Contracts or Grants.-- + (1) In general.--The Secretary of Defense may carry out the + pilot program under subsection (a) through the award of contracts + or grants for the designing, building, or testing of technologies, + techniques, and materials under the pilot program. + (2) Merit-based selection.--Any award of a contract or grant + under the pilot program under subsection (a) shall be made using + merit-based selection procedures. + (d) Report.-- + (1) In general.--Not later than two years after the + commencement of the pilot program under subsection (a), the + Secretary of Defense shall submit to the congressional defense + committees a report on the pilot program. + (2) Contents.--The report under paragraph (1) with respect to + the pilot program shall include the following: + (A) An assessment of the effectiveness of activities under + the pilot program in improving the service life of roads and + runways under the jurisdiction of the Secretary. + (B) An analysis of the potential lifetime cost savings and + reduction in energy demands associated with the extended + service life of such roads and runways. + (e) Termination of Authority.--The pilot program under subsection +(a) shall terminate on September 30, 2024. +SEC. 2866. RESTRICTIONS ON REHABILITATION OF OVER-THE-HORIZON +BACKSCATTER RADAR SYSTEM RECEIVING STATION, MODOC COUNTY, CALIFORNIA. + (a) Restrictions.--Except as provided in subsection (b), the +Secretary of the Air Force may not use any funds or resources of the +Department of the Air Force to carry out the rehabilitation of the +obsolete Over-the-Horizon Backscatter Radar System receiving station +located in Modoc National Forest in the State of California. + (b) Exception for Removal of Perimeter Fence.--Notwithstanding +subsection (a), the Secretary of the Air Force may use funds and +resources of the Department of the Air Force-- + (1) to remove the perimeter fence, which was treated with an + arsenic-based weatherproof coating, surrounding the Over-the- + Horizon Backscatter Radar System receiving station referred to in + such subsection; and + (2) to carry out the mitigation of soil contamination + associated with such fence. + (c) Sunset.--The restrictions in subsection (a) shall terminate on +the date of the enactment of the National Defense Authorization Act for +Fiscal Year 2025. +SEC. 2867. DESIGNATION OF SUMPTER SMITH JOINT NATIONAL GUARD BASE. (a) Designation.--The Sumpter Smith Air National Guard Base in Birmingham, Alabama, shall after the date of the enactment of this Act be known and designated as the ``Sumpter Smith Joint National Guard @@ -19608,1515 +38631,2060 @@ Base''. document, paper, or other record of the United States to the installation referred to in subsection (a) shall be considered to be a reference to the Sumpter Smith Joint National Guard Base. +SEC. 2868. SANTA YNEZ BAND OF CHUMASH INDIANS LAND AFFIRMATION. + (a) Short Title.--This section may be cited as the ``Santa Ynez +Band of Chumash Indians Land Affirmation Act of 2019''. + (b) Findings.--Congress finds the following: + (1) On October 13, 2017, the General Council of the Santa Ynez + Band of Chumash Indians voted to approve the Memorandum of + Agreement between the County of Santa Barbara and the Santa Ynez + Band of Chumash Indians regarding the approximately 1,427.28 acres + of land, commonly known as Camp 4, and authorized the Tribal + Chairman to sign the Memorandum of Agreement. + (2) On October 31, 2017, the Board of Supervisors for the + County of Santa Barbara approved the Memorandum of Agreement on + Camp 4 and authorized the Chair to sign the Memorandum of + Agreement. + (3) The Secretary of the Interior approved the Memorandum of + Agreement pursuant to section 2103 of the Revised Statutes (25 + U.S.C. 81). + (c) Land to Be Taken Into Trust.-- + (1) In general.--The approximately l,427.28 acres of land in + Santa Barbara County, CA described in paragraph (3), is hereby + taken into trust for the benefit of the Tribe, subject to valid + existing rights, contracts, and management agreements related to + easements and rights-of-way. + (2) Administration.-- + (A) Administration.--The land described in paragraph (3) + shall be a part of the Santa Ynez Indian Reservation and + administered in accordance with the laws and regulations + generally applicable to the land held in trust by the United + States for an Indian tribe. + (B) Effect.--For purposes of certain California State laws + (including the California Land Conservation Act of 1965, + Government Code Section 51200, et seq.), placing the land + described in paragraph (3) into trust shall remove any + restrictions on the property pursuant to California Government + Code Section 51295 or any other provision of such Act. + (3) Legal description of lands transferred.--The lands to be + taken into trust for the benefit of the Tribe pursuant to this Act + are described as follows: + Legal Land Description/Site Location: Real property in the + unincorporated area of the County of Santa Barbara, State of + California, described as follows: PARCEL 1: (APN: 141-121-51 AND + PORTION OF APN 141-140-10) LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT + 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN + ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR + COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE + COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT + CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS + INSTRUMENT NO. 01-105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF + APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE + COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP + SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE + RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY + RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT + CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS + INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS + OF APNS: 141-230-23 AND 141-140-10) LOTS 19 AND 20 OF TRACT 18 AND + THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH 20, + INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF + CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE + CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN + THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES + NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE + STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN + BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL + IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED + DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. + PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10) LOTS 1 + THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA, + STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS + OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS + MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS + LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE + RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL + RECORDS. PARCEL 5: (PORTION OF APN: 141-230-23) THAT PORTION OF + LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF + CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE + CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN + THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES + NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE + STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN + BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL + IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED + DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105584 OF OFFICIAL RECORDS. + (4) Rules of construction.--Nothing in this section shall-- + (A) enlarge, impair, or otherwise affect any right or claim + of the Tribe to any land or interest in land that is in + existence before the date of the enactment of this Act; + (B) affect any water right of the Tribe in existence before + the date of the enactment of this Act; or + (C) terminate or limit any access in any way to any right- + of-way or right-of-use issued, granted, or permitted before the + date of the enactment of this Act. + (5) Restricted use of transferred lands.--The Tribe may not + conduct, on the land described in paragraph (3) taken into trust + for the Tribe pursuant to this section, gaming activities-- + (A) as a matter of claimed inherent authority; or + (B) under any Federal law, including the Indian Gaming + Regulatory Act (25 U.S.C. 2701 et seq.) and regulations + promulgated by the Secretary or the National Indian Gaming + Commission under that Act. + (6) Definitions.--For the purposes of this subsection: + (A) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (B) Tribe.--The term ``Tribe'' means the Santa Ynez Band of + Chumash Mission Indians. +SEC. 2869. LANDS TO BE TAKEN INTO TRUST AS PART OF THE RESERVATION OF +THE LYTTON RANCHERIA. + (a) Findings.--Congress finds the following: + (1) The Lytton Rancheria of California is a federally + recognized Indian tribe that lost its homeland after its + relationship to the United States was unjustly and unlawfully + terminated in 1958. The Tribe was restored to Federal recognition + in 1991, but the conditions of its restoration have prevented it + from regaining a homeland on its original lands. + (2) Congress needs to take action to reverse historic + injustices that befell the Tribe and that have prevented it from + regaining a viable homeland for its people. + (3) Prior to European contact there were as many as 350,000 + Indians living in what is now the State of California. By the turn + of the 19th century, that number had been reduced to approximately + 15,000 individuals, many of them homeless and living in scattered + bands and communities. + (4) The Lytton Rancheria's original homeland was purchased by + the United States in 1926 pursuant to congressional authority + designed to remedy the unique tragedy that befell the Indians of + California and provide them with reservations called Rancherias to + be held in trust by the United States. + (5) After the Lytton Rancheria lands were purchased by the + United States, the Tribe settled on the land and sustained itself + for several decades by farming and ranching. + (6) By the mid-1950s, Federal Indian policy had shifted back + towards a policy of terminating the Federal relationship with + Indian tribes. In 1958, Congress enacted the Rancheria Act of 1958 + (72 Stat. 619), which slated 41 Rancherias in California, including + the Lytton Rancheria, for termination after certain conditions were + met. + (7) On August 1, 1961, the Federal Government terminated its + relationship with the Lytton Rancheria. This termination was + illegal because the conditions for termination under the Rancheria + Act had never been met. After termination was implemented, the + Tribe lost its lands and was left without any means of supporting + itself. + (8) In 1987, the Tribe joined three other tribes in a lawsuit + against the United States challenging the illegal termination of + their Rancherias. A Stipulated Judgment in the case, Scotts Valley + Band of Pomo Indians of the Sugar Bowl Rancheria v. United States, + No. C-86-3660 (N.D.Cal. March 22, 1991), restored the Lytton + Rancheria to its status as a federally recognized Indian tribe. + (9) The Stipulated Judgment provides that the Lytton Rancheria + would have the ``individual and collective status and rights'' + which it had prior to its termination and expressly contemplated + the acquisition of trust lands for the Lytton Rancheria. + (10) The Stipulated Judgment contains provisions, included at + the request of the local county governments and neighboring + landowners, that prohibit the Lytton Rancheria from exercising its + full Federal rights on its original homeland in the Alexander + Valley. + (11) In 2000, approximately 9.5 acres of land in San Pablo, + California, was placed in trust status for the Lytton Rancheria for + economic development purposes. + (12) The Tribe has since acquired, from willing sellers at fair + market value, property in Sonoma County near the Tribe's historic + Rancheria. This property, which the Tribe holds in fee status, is + suitable for a new homeland for the Tribe. + (13) On a portion of the land to be taken into trust, which + portion totals approximately 124.12 acres, the Tribe plans to build + housing for its members and governmental and community facilities. + (14) A portion of the land to be taken into trust is being used + for viniculture, and the Tribe intends to develop more of the lands + to be taken into trust for viniculture. The Tribe's investment in + the ongoing viniculture operation has reinvigorated the vineyards, + which are producing high-quality wines. The Tribe is operating its + vineyards on a sustainable basis and is working toward + certification of sustainability. + (15) No gaming shall be conducted on the lands to be taken into + trust by this section. + (16) No gaming shall be conducted on any lands taken into trust + on behalf of the Tribe in Sonoma County after the date of the + enactment of this Act. + (17) By directing that these lands be taken into trust, the + United States will ensure that the Lytton Rancheria will finally + have a permanently protected homeland on which the Tribe can once + again live communally and plan for future generations. This action + is necessary to fully restore the Tribe to the status it had before + it was wrongfully terminated in 1961. + (18) The Tribe and County of Sonoma have entered into a + Memorandum of Agreement as amended in 2018 in which the County + agrees to the lands in the County being taken into trust for the + benefit of the Tribe in consideration for commitments made by the + Tribe. + (b) Definitions.--For the purpose of this section, the following +definitions apply: + (1) County.--The term ``County'' means Sonoma County, + California. + (2) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. + (3) Tribe.--The term ``Tribe'' means the Lytton Rancheria of + California. + (c) Lands to Be Taken Into Trust.-- + (1) In general.--The land owned by the Tribe and generally + depicted on the map titled ``Lytton Fee Owned Property to be Taken + into Trust'' and dated May 1, 2015, is hereby taken into trust for + the benefit of the Tribe, subject to valid existing rights, + contracts, and management agreements related to easements and + rights-of-way. + (2) Lands to be made part of the reservation.--Lands taken into + trust under paragraph (1) shall be part of the Tribe's reservation + and shall be administered in accordance with the laws and + regulations generally applicable to property held in trust by the + United States for an Indian tribe. + (d) Gaming.-- + (1) Lands taken into trust under this section.--Lands taken + into trust for the benefit of the Tribe under subsection (c) shall + not be eligible for gaming under the Indian Gaming Regulatory Act + (25 U.S.C. 2701 et seq.). + (2) Other lands taken into trust.--Lands taken into trust for + the benefit of the Tribe in Sonoma County after the date of the + enactment of this Act shall not be eligible for gaming under the + Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). + (e) Applicability of Certain Law.--Notwithstanding any other +provision of law, the Memorandum of Agreement entered into by the Tribe +and the County concerning taking land in the County into trust for the +benefit of the Tribe, which was approved by the County Board of +Supervisors on March 10, 2015, and any addenda and supplement or +amendment thereto, is not subject to review or approval of the +Secretary in order to be effective, including review or approval under +section 2103 of the Revised Statutes (25 U.S.C. 81). +SEC. 2870. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA. + (a) Findings.--Congress finds that-- + (1) the Little Shell Tribe of Chippewa Indians is a political + successor to signatories of the Pembina Treaty of 1863, under which + a large area of land in the State of North Dakota was ceded to the + United States; + (2) the Turtle Mountain Band of Chippewa of North Dakota and + the Chippewa-Cree Tribe of the Rocky Boy's Reservation of Montana, + which also are political successors to the signatories of the + Pembina Treaty of 1863, have been recognized by the Federal + Government as distinct Indian tribes; + (3) the members of the Little Shell Tribe continue to live in + the State of Montana, as their ancestors have for more than 100 + years since ceding land in the State of North Dakota as described + in paragraph (1); + (4) in the 1930s and 1940s, the Tribe repeatedly petitioned the + Federal Government for reorganization under the Act of June 18, + 1934 (25 U.S.C. 5101 et seq.) (commonly known as the ``Indian + Reorganization Act''); + (5) Federal agents who visited the Tribe and Commissioner of + Indian Affairs John Collier attested to the responsibility of the + Federal Government for the Tribe and members of the Tribe, + concluding that members of the Tribe are eligible for, and should + be provided with, trust land, making the Tribe eligible for + reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et + seq.) (commonly known as the ``Indian Reorganization Act''); + (6) due to a lack of Federal appropriations during the + Depression, the Bureau of Indian Affairs lacked adequate financial + resources to purchase land for the Tribe, and the members of the + Tribe were denied the opportunity to reorganize; + (7) in spite of the failure of the Federal Government to + appropriate adequate funding to secure land for the Tribe as + required for reorganization under the Act of June 18, 1934 (25 + U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization + Act''), the Tribe continued to exist as a separate community, with + leaders exhibiting clear political authority; + (8) the Tribe, together with the Turtle Mountain Band of + Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky + Boy's Reservation of Montana, filed 2 law suits under the Act of + August 13, 1946 (60 Stat. 1049) (commonly known as the ``Indian + Claims Commission Act''), to petition for additional compensation + for land ceded to the United States under the Pembina Treaty of + 1863 and the McCumber Agreement of 1892; + (9) in 1971 and 1982, pursuant to Acts of Congress, the tribes + received awards for the claims described in paragraph (8); + (10) in 1978, the Tribe submitted to the Bureau of Indian + Affairs a petition for Federal recognition, which is still pending + as of the date of enactment of this Act; and + (11) the Federal Government, the State of Montana, and the + other federally recognized Indian tribes of the State have had + continuous dealings with the recognized political leaders of the + Tribe since the 1930s. + (b) Definitions.--In this section: + (1) Member.--The term ``member'' means an individual who is + enrolled in the Tribe pursuant to subsection (f). + (2) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. + (3) Tribe.--The term ``Tribe'' means the Little Shell Tribe of + Chippewa Indians of Montana. + (c) Federal Recognition.-- + (1) In general.--Federal recognition is extended to the Tribe. + (2) Effect of federal laws.--Except as otherwise provided in + this section, all Federal laws (including regulations) of general + application to Indians and Indian tribes, including the Act of June + 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the ``Indian + Reorganization Act''), shall apply to the Tribe and members. + (d) Federal Services and Benefits.-- + (1) In general.--Beginning on the date of enactment of this + Act, the Tribe and each member shall be eligible for all services + and benefits provided by the United States to Indians and federally + recognized Indian tribes, without regard to-- + (A) the existence of a reservation for the Tribe; or + (B) the location of the residence of any member on or near + an Indian reservation. + (2) Service area.--For purposes of the delivery of services and + benefits to members, the service area of the Tribe shall be + considered to be the area comprised of Blaine, Cascade, Glacier, + and Hill Counties in the State of Montana. + (e) Reaffirmation of Rights.-- + (1) In general.--Nothing in this section diminishes any right + or privilege of the Tribe or any member that existed before the + date of enactment of this Act. + (2) Claims of tribe.--Except as otherwise provided in this + section, nothing in this section alters or affects any legal or + equitable claim of the Tribe to enforce any right or privilege + reserved by, or granted to, the Tribe that was wrongfully denied + to, or taken from, the Tribe before the date of enactment of this + Act. + (f) Membership Roll.-- + (1) In general.--As a condition of receiving recognition, + services, and benefits pursuant to this section, the Tribe shall + submit to the Secretary, by not later than 18 months after the date + of enactment of this Act, a membership roll consisting of the name + of each individual enrolled as a member of the Tribe. + (2) Determination of membership.--The qualifications for + inclusion on the membership roll of the Tribe shall be determined + in accordance with sections 1 through 3 of article 5 of the + constitution of the Tribe dated September 10, 1977 (including + amendments to the constitution). + (3) Maintenance of roll.--The Tribe shall maintain the + membership roll under this subsection. + (g) Acquisition of Land.-- + (1) Homeland.--The Secretary shall acquire, for the benefit of + the Tribe, trust title to 200 acres of land within the service area + of the Tribe to be used for a tribal land base. + (2) Additional land.--The Secretary may acquire additional land + for the benefit of the Tribe pursuant to section 5 of the Act of + June 18, 1934 (25 U.S.C. 5108) (commonly known as the ``Indian + Reorganization Act''). +SEC. 2871. SENSE OF CONGRESS ON RESTORATION OF TYNDALL AIR FORCE BASE. + It is the sense of Congress that the Secretary of the Air Force +should-- + (1) restore Tyndall Air Force Base to achieve military + installation resilience, as defined in section 101(e)(8) of title + 10, United States Code; and + (2) use innovative construction methods, materials, designs, + and technologies in carrying out such restoration in order to + achieve efficiencies, cost savings, resiliency, and capability, + which may include-- + (A) open architecture design to evolve with the national + defense strategy; and + (B) efficient ergonomic enterprise for members of the Air + Force in the 21st century. + + TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY + CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION + + Subtitle A--Overseas Contingency Operations Military Construction -SEC. 2824. PROHIBITION ON USE OF FUNDS TO PRIVATIZE TEMPORARY LODGING - ON INSTALLATIONS OF DEPARTMENT OF DEFENSE. - - No funds may be authorized to be appropriated to the Department of -Defense for fiscal year 2020 to privatize temporary lodging on -installations of the Department. - -SEC. 2825. PILOT PROGRAM TO EXTEND SERVICE LIFE OF ROADS AND RUNWAYS - UNDER THE JURISDICTION OF THE SECRETARIES OF THE MILITARY - DEPARTMENTS. - - (a) Pilot Program Authorized.--Each Secretary of a military -department may carry out a pilot program to design, build, and test -technologies and innovative pavement materials in order to extend the -service life of roads and runways under the jurisdiction of the -Secretary concerned. - (b) Scope.--A pilot program under subsection (a) shall include the -following: - (1) The design, testing, and assembly of technologies and - systems suitable for pavement applications. - (2) Research, development, and testing of new pavement - materials for use in different geographic areas in the United - States. - (3) The design and procurement of platforms and equipment - to test the performance, cost, feasibility, and effectiveness - of the technologies, systems, and materials described in - paragraphs (1) and (2). - (c) Award of Contracts or Grants.-- - (1) In general.--Each Secretary of a military department - may carry out a pilot program under subsection (a) through the - award of contracts or grants for the designing, building, or - testing of technologies or innovative pavement materials under - the pilot program. - (2) Merit-based selection.--Any award of a contract or - grant under a pilot program under subsection (a) shall be made - using merit-based selection procedures. - (d) Report.-- - (1) In general.--Not later than two years after the - commencement of a pilot program under subsection (a), the - Secretary of the military department concerned shall submit to - the congressional defense committees a report on the pilot - program. - (2) Contents.--Each report under paragraph (1) with respect - to a pilot program shall include the following: - (A) An assessment of the effectiveness of - activities under the pilot program in improving the - service life of roads and runways under the - jurisdiction of the Secretary concerned. - (B) An analysis of the potential lifetime cost - savings and reduction in energy demands associated with - the extended service life of such roads and runways. - (e) Termination of Authority.--Each pilot program under subsection -(a) shall terminate on September 30, 2024. - - TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION +Sec. 2901. Authorized Army construction and land acquisition projects. +Sec. 2902. Authorized Navy construction and land acquisition projects. +Sec. 2903. Authorized Air Force construction and land acquisition + projects. +Sec. 2904. Authorized Defense Agencies construction and land acquisition + projects. +Sec. 2905. Authorization of appropriations. + + Subtitle B--Emergency Military Construction + +Sec. 2911. Authorization of emergency Navy construction and land + acquisition projects. +Sec. 2912. Authorization of emergency Air Force construction and land + acquisition projects. +Sec. 2913. Authorization of emergency Army National Guard construction + and land acquisition projects. +Sec. 2914. Authorization of emergency Defense Agencies construction and + land acquisition projects. +Sec. 2915. Authorization of emergency supplemental appropriations for + military construction projects. + + Subtitle A--Overseas Contingency Operations Military Construction SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + (a) Authorization.--Subject to subsection (b), the Secretary of the +Army may acquire real property and carry out the military construction +projects for the installations outside the United States, and in the +amounts, set forth in the following table: - The Secretary of the Army may acquire real property and carry out -the military construction projects for the installations outside the -United States, and in the amounts, set forth in the following table: Army: Outside the United States ---------------------------------------------------------------------------------------------------------------- - Country Location Amount + Country Location Amount ---------------------------------------------------------------------------------------------------------------- -Cuba.......................................... Guantanamo Bay................................. $33,800,000 -Worldwide Unspecified......................... Unspecified Worldwide Locations................ $42,200,000 +Cuba............................................ Guantanamo Bay Naval Station............... $33,800,000 +Worldwide Unspecified........................... European Deterrence Initiative: Various $78,412,000 + Locations................................. ---------------------------------------------------------------------------------------------------------------- + + (b) Report Required as Condition of Authorization.--Not later than +90 days after the date of the enactment of this Act, the Secretary of +the Army shall submit to the congressional defense committees a report +containing a plan to carry out each military construction project +authorized in the final item in the table in subsection (a) for an +unspecified location for the European Deterrence Initiative. The plan +shall include a Department of Defense Form 1391 for each proposed +project. The Secretary may not commence a project until the report has +been submitted. SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. + (a) Authorization.--Subject to subsection (b), the Secretary of the +Navy may acquire real property and carry out the military construction +projects for the installations outside the United States, and in the +amounts, set forth in the following table: - The Secretary of the Navy may acquire real property and carry out -the military construction projects for the installations outside the -United States, and in the amounts, set forth in the following table: Navy: Outside the United States ---------------------------------------------------------------------------------------------------------------- - Country Location Amount + Country Location Amount ---------------------------------------------------------------------------------------------------------------- -Spain......................................... Rota........................................... $69,570,000 +Bahrain......................................... SW Asia.................................... $53,360,000 +Italy........................................... Sigonella.................................. $77,400,000 +Spain........................................... Rota....................................... $69,570,000 +Worldwide Unspecified........................... European Deterrence Initiative: Various $36,211,000 + Locations................................. ---------------------------------------------------------------------------------------------------------------- + + (b) Report Required as Condition of Authorization.--Not later than +90 days after the date of the enactment of this Act, the Secretary of +the Navy shall submit to the congressional defense committees a report +containing a plan to carry out each military construction project +authorized in the final item in the table in subsection (a) for an +unspecified location for the European Deterrence Initiative. The plan +shall include a Department of Defense Form 1391 for each proposed +project. The Secretary may not commence a project until the report has +been submitted. SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION - PROJECTS. +PROJECTS. + (a) Authorization.--Subject to subsection (b), the Secretary of the +Air Force may acquire real property and carry out the military +construction projects for the installations outside the United States, +and in the amounts, set forth in the following table: - The Secretary of the Air Force may acquire real property and carry -out the military construction projects for the installations outside -the United States, and in the amounts, set forth in the following -table: Air Force: Outside the United States ---------------------------------------------------------------------------------------------------------------- - Country Location Amount + Country Location Amount ---------------------------------------------------------------------------------------------------------------- -Iceland....................................... Keflavik....................................... $57,000,000 -Spain......................................... Moron.......................................... $8,500,000 -Worldwide Unspecified......................... Unspecified Worldwide Locations................ $175,000,000 +Iceland......................................... Keflavik................................... $57,000,000 +Jordan.......................................... Azraq...................................... $66,000,000 +Spain........................................... Moron...................................... $8,500,000 +Worldwide Unspecified........................... European Deterrence Initiative: Various $211,211,000 + Locations................................. ---------------------------------------------------------------------------------------------------------------- -SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND - ACQUISITION PROJECTS. + (b) Report Required as Condition of Authorization.--Not later than +90 days after the date of the enactment of this Act, the Secretary of +the Air Force shall submit to the congressional defense committees a +report containing a plan to carry out each military construction +project authorized in the final item in the table in subsection (a) for +an unspecified location for the European Deterrence Initiative. The +plan shall include a Department of Defense Form 1391 for each proposed +project. The Secretary may not commence a project until the report has +been submitted. +SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND +ACQUISITION PROJECTS. The Secretary of Defense may acquire real property and carry out -the military construction projects for the installations outside the -United States, and in the amounts, set forth in the following table: +the military construction project for the installation outside the +United States, and in the amount, set forth in the following table: Defense Agencies: Outside the United States ---------------------------------------------------------------------------------------------------------------- - Country Location Amount + Country Location Amount ---------------------------------------------------------------------------------------------------------------- -Germany....................................... Gemersheim..................................... $46,000,000 +Germany......................................... Gemersheim................................... $46,000,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2905. DISASTER RECOVERY PROJECTS. - (a) Navy.--The Secretary of the Navy may acquire real property and -carry out military construction projects inside the United States -relating to disaster recovery for the locations, and in the amounts, -set forth in the following table: +SEC. 2905. AUTHORIZATION OF APPROPRIATIONS. + Funds are hereby authorized to be appropriated for fiscal years +beginning after September 30, 2019, for the military construction +projects outside the United States authorized by this subtitle as +specified in the funding table in section 4602. - Navy: Inside the United States ----------------------------------------------------------------------------------------------------------------- - State Location Amount ----------------------------------------------------------------------------------------------------------------- -North Carolina................................ Camp Lejeune................................... $861,587,000 - Marine Corps Air Station Cherry Point.......... $64,561,000 -Unspecified................................... Zulu........................................... $50,000,000 ----------------------------------------------------------------------------------------------------------------- + Subtitle B--Emergency Military Construction - (b) Air Force.--The Secretary of the Air Force may acquire real -property and carry out military construction projects inside the United -States relating to disaster recovery for the locations, and in the -amounts, set forth in the following table: +SEC. 2911. AUTHORIZATION OF EMERGENCY NAVY CONSTRUCTION AND LAND +ACQUISITION PROJECTS. + (a) Navy Authorization.--Subject to subsection (b), using amounts +appropriated pursuant to the authorization of appropriations in section +2915 and available for military construction projects inside the United +States as specified in the funding table in section 4603, the Secretary +of the Navy may acquire real property and carry out military +construction projects for the installations or locations inside the +United States, and in the amounts, set forth in the following table: - Air Force: Inside the United States ----------------------------------------------------------------------------------------------------------------- - State Location Amount ----------------------------------------------------------------------------------------------------------------- -Florida....................................... Tyndall Air Force Base......................... $1,278,700,000 -Unspecified................................... Zulu........................................... $247,000,000 ----------------------------------------------------------------------------------------------------------------- - (c) Army National Guard.--The Secretary of the Army may acquire -real property and carry out military construction projects inside the -United States relating to disaster recovery for the locations, and in -the amounts, set forth in the following table: + Navy Authorization +------------------------------------------------------------------------ + Installation or + State or Location Location Amount +------------------------------------------------------------------------ +California................... Naval Air $1,152,680,000 + Weapons Station + China Lake..... +North Carolina............... Camp Lejeune.... $627,747,000 + Marine Corps Air $66,551,000 + Station Cherry + Point.......... + NCAS New River.. $465,822,000 +------------------------------------------------------------------------ - Army National Guard: Inside the United States ----------------------------------------------------------------------------------------------------------------- - State Location Amount ----------------------------------------------------------------------------------------------------------------- -Florida....................................... Panama City.................................... $25,000,000 -North Carolina................................ MTA Fort Fisher................................ $25,000,000 ----------------------------------------------------------------------------------------------------------------- - (d) Defense-wide.--The Secretary of Defense may acquire real -property and carry out military construction projects inside the United -States relating to disaster recovery for the locations, and in the -amounts, set forth in the following table: + (b) Report Required as a Condition of Authorization.--Not later +than 90 days after the date of the enactment of this Act, the Secretary +of the Navy shall submit to the congressional defense committees a +report containing a plan to carry out the military construction +projects authorized by this section. The plan shall include an +explanation of how each military construction project will incorporate +mitigation measures that reduce the threat from extreme weather events, +mean sea level fluctuation, flooding, and any other known environmental +threat to resilience, including a list of any areas in which there is a +variance from the local building requirements and an explanation of the +reason for the variance. The plan shall also include a Department of +Defense Form 1391 for each proposed project. The Secretary may not +commence a project until the report required from the Secretary has +been submitted. +SEC. 2912. AUTHORIZATION OF EMERGENCY AIR FORCE CONSTRUCTION AND LAND +ACQUISITION PROJECTS. + (a) Air Force Authorization.--Subject to subsection (b), using +amounts appropriated pursuant to the authorization of appropriations in +section 2915 and available for military construction projects inside +the United States as specified in the funding table in section 4603, +the Secretary of the Air Force may acquire real property and carry out +military construction projects for the installations or locations +inside the United States, and in the amounts, set forth in the +following table: + + + Air Force Authorization +------------------------------------------------------------------------ + Installation or + State Location Amount +------------------------------------------------------------------------ +Florida...................... Tyndall Air $1,500,200,000 + Force Base..... +Nebraska..................... Offutt Air Force $140,500,000 + Base........... +Virginia..................... Joint Base $31,000,000 + Langley-Eustis. +------------------------------------------------------------------------ + + + (b) Report Required as Condition of Authorization.--Not later than +90 days after the date of the enactment of this Act, the Secretary of +the Air Force shall submit to the Committees on Armed Services of the +House of Representatives and the Senate a report containing a plan to +carry out the military construction projects authorized by this +section. The plan shall include an explanation of how each military +construction project will incorporate mitigation measures that reduce +the threat from extreme weather events, mean sea level fluctuation, +flooding, and any other known environmental threat to resilience, +including a list of any areas in which there is a variance from the +local building requirements and an explanation of the reason for the +variance. The plan shall also include a Department of Defense Form 1391 +for each proposed project. The Secretary may not commence a project +until the report required from the Secretary has been submitted. +SEC. 2913. AUTHORIZATION OF EMERGENCY ARMY NATIONAL GUARD CONSTRUCTION +AND LAND ACQUISITION PROJECTS. + (a) Army National Guard Authorization.--Subject to subsection (b), +using amounts appropriated pursuant to the authorization of +appropriations in section 2915 and available for military construction +projects inside the United States as specified in the funding table in +section 4603, the Secretary of the Army may acquire real property and +carry out military construction projects for the installations or +locations inside the United States, and in the amounts, set forth in +the following table: + - Defense-wide: Inside the United States + Army National Guard Authorization ---------------------------------------------------------------------------------------------------------------- - State Location Amount + State Location Amount ---------------------------------------------------------------------------------------------------------------- -North Carolina................................ Camp Lejeune--Defense Health Agency............ $45,313,000 - Camp Lejeune--SOCOM............................ $30,000,000 +Louisiana....................................... Pineville.................................. $16,500,000 +Nebraska........................................ Ashland.................................... $43,500,000 ---------------------------------------------------------------------------------------------------------------- -SEC. 2906. REPLENISHMENT OF CERTAIN MILITARY CONSTRUCTIONS FUNDS. - - (a) In General.--Of the amount authorized to be appropriated for -fiscal year 2020 by section 2905 and available as specified in the -funding table in section 4602, $3,600,000,000 shall be available for -replenishment of funds that were authorized to be appropriated by -military construction authorization Acts for fiscal years before fiscal -year 2020 for military construction projects authorized by such Acts, -but were used instead for military construction projects authorized by -section 2808 of title 10, United States Code, in connection with the -national emergency along the southern land border of the United States -declared in 2019 pursuant to the National Emergencies Act (50 U.S.C. -1601 et seq.). - (b) Replenishment by Transfer.-- - (1) In general.--Any amounts available under subsection (a) - that are used for replenishment of funds as described in that - subsection shall be transferred to the account that was the - source of such funds. - (2) Inapplicability toward transfer limitations.--Any - transfer of amounts under this subsection shall not count - toward any limitation on transfer of Department of Defense - funds in section 1001 or 1512 or any other limitation on - transfer of Department of funds in law. - (3) Sunset of authority.--The authority to make transfers - under this subsection shall terminate on September 30, 2020. - (c) Use of Funds.-- - (1) In general.--Amounts transferred under subsection (b) - for replenishment of funds as described in subsection (a) may - be used only for military construction projects for which such - funds were originally authorized in a military construction - authorization Act described in subsection (a). - (2) No increase in authorized amount of projects.--The - total amount of funds available for a military construction - project described in paragraph (1) may not exceed the current - amount authorized for such project by applicable military - construction authorization Acts (including this Act). A - replenishment of funds under this section for a military - construction project shall not operate to increase the - authorized amount of the project or the amount authorized to be - available for the project. - -SEC. 2907. AUTHORIZATION OF APPROPRIATIONS. - Funds are hereby authorized to be appropriated for fiscal years -beginning after September 30, 2019, for the military construction -projects outside the United States authorized by this title as -specified in the funding table in section 4602. + (b) Report Required as Condition of Authorization.--Not later than +90 days after the date of the enactment of this Act, the Secretary of +the Army shall submit to the congressional defense committees a report +containing a plan to carry out the military construction projects +authorized by this section. The plan shall include an explanation of +how each military construction project will incorporate mitigation +measures that reduce the threat from extreme weather events, mean sea +level fluctuation, flooding, and any other known environmental threat +to resilience, including a list of any areas in which there is a +variance from the local building requirements and an explanation of the +reason for the variance. The plan shall also include a Department of +Defense Form 1391 for each proposed project. The Secretary may not +commence a project until the report required from the Secretary has +been submitted. +SEC. 2914. AUTHORIZATION OF EMERGENCY DEFENSE AGENCIES CONSTRUCTION AND +LAND ACQUISITION PROJECTS. + (a) Defense Agencies Authorization.--Subject to subsection (b), +using amounts appropriated pursuant to the authorization of +appropriations in section 2915 and available for military construction +projects inside the United States as specified in the funding table in +section 4603, the Secretary of Defense may acquire real property and +carry out the military construction project for the installation inside +the United States, and in the amount, set forth in the following table: + + + Defense Agencies Authorization +------------------------------------------------------------------------ + Installation or + State or Location Location Amount +------------------------------------------------------------------------ +North Carolina..................... Camp Lejeune......... $75,313,000 +------------------------------------------------------------------------ - TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM -SEC. 3001. DEFINITIONS. + (b) Report Required as a Condition of Authorization.--Not later +than 90 days after the date of the enactment of this Act, the Secretary +of Defense shall submit to the congressional defense committees a +report containing a plan to carry out the military construction project +authorized by this section. The plan shall include an explanation of +how the military construction project will incorporate mitigation +measures that reduce the threat from extreme weather events, mean sea +level fluctuation, flooding, and any other known environmental threat +to resilience, including a list of any areas in which there is a +variance from the local building requirements and an explanation of the +reason for the variance. The plan shall also include a Department of +Defense Form 1391 for the proposed project. The Secretary may not +commence the project until the report required from the Secretary has +been submitted. +SEC. 2915. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR +MILITARY CONSTRUCTION PROJECTS. + Funds are hereby authorized to be appropriated for the Department +of Defense for the military construction projects authorized by this +subtitle as specified in the funding table in section 4603, in such +amounts as may be designated as emergency requirements pursuant to +section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit +Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). - (a) In General.--In this title: - (1) Landlord.--The term ``landlord'' has the meaning given - that term in section 2871 of title 10, United States Code, as - amended by subsection (b). - (2) Privatized military housing.--The term ``privatized - military housing'' means housing provided under subchapter IV - of chapter 169 of title 10, United States Code. - (b) Title 10.--Section 2871 of title 10, United States Code, is -amended-- - (1) by redesignating paragraphs (7) and (8) as paragraphs - (9) and (11), respectively; - (2) by inserting after paragraph (6) the following new - paragraphs: - ``(7) The term `incentive fees' means any amounts payable - to a landlord for meeting or exceeding performance metrics as - specified in a contract with the Department of Defense. - ``(8) The term `landlord' means an eligible entity or - lessor who owns, manages, or is otherwise responsible for a - housing unit under this subchapter.''; and - (3) by inserting after paragraph (9), as redesignated by - paragraph (1) of this subsection, the following new paragraph: - ``(10) The term `tenant' means a member of the armed - forces, including a reserve component thereof, or a family - member of a member of the armed forces who resides at a housing - unit under this subchapter.''. - - Subtitle A--Accountability and Oversight - -SEC. 3011. TENANT BILL OF RIGHTS FOR PRIVATIZED MILITARY HOUSING. + TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM - (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by adding at the end the following new section: -``Sec. 2887. Tenant Bill of Rights - ``(a) In General.--(1) The Secretary of Defense, in coordination -with the Secretary of each military department, shall develop a -document known as the `Tenant Bill of Rights' for tenants of housing -units under this subchapter. - ``(2) At a minimum, the document developed under paragraph (1) -shall contain the right of each tenant as follows: - ``(A) To reside in a home and community that meets health - and environmental standards established by the Secretary of - Defense. - ``(B) To reside in a home that has working fixtures, - appliances, and utilities and reside in a community with well- - maintained common areas and amenity spaces. - ``(C) To report inadequate housing standards or deficits in - habitability to the landlord, chain of command, and housing - management office without fear of reprisal. - ``(D) With respect to the housing management office of the - installation of the Department at which the housing unit is - located-- - ``(i) to use such office as an advocate relating to - such housing unit; and - ``(ii) to receive advice and support from such - office relating to such housing unit. - ``(E) To receive property management services provided by a - landlord that meet or exceed industry standards and that are - performed by professionally trained, responsive, and courteous - customer service and maintenance staff. - ``(F) To have multiple, convenient methods to communicate - directly with the landlord and maintenance staff, and to - receive honest, straightforward, and responsive communications - at all times. - ``(G) With respect to repairs-- - ``(i) to prompt and professional repairs; - ``(ii) to be informed of the required time frame - for those repairs when a maintenance request is - submitted; and - ``(iii) to prompt relocation into suitable lodging - or other housing at no cost to the tenant until the - repairs are completed or relocation to an alternative - residence on the installation or within the surrounding - local community at no cost to the tenant. - ``(H) To enter into a dispute resolution process under - section 2891 of this title concerning disputes over repairs, - damage claims, and rental payments to be resolved by a neutral - decision maker, with any decision in favor of the tenant to - include a reduction in rent owed to the landlord to be paid or - credited to the tenant. - ``(I) To withhold basic allowance for housing (including - for any dependents of the tenant in the tenant's household) - under section 403 of title 37, or any pay of the tenant subject - to allotment described in section 2882(c) of this title, if the - tenant is engaged in a dispute under subparagraph (H) until a - decision in the matter is made. - ``(J) To be fully briefed by the landlord on all rights and - responsibilities associated with tenancy prior to signing a - lease and receive a 30-day followup to review these - responsibilities. - ``(K) To have sufficient time and opportunity to prepare - and be present for move-in and move-out inspections, including - an opportunity to obtain necessary paperwork. - ``(L) To have reasonable, advance notice of any entrance by - a landlord into the housing unit, except in the case of an - emergency. - ``(M) To have clearly defined rental terms in the lease - agreement. - ``(N) To not pay non-refundable fees or have application of - rent credits arbitrarily held. - ``(O) To have universal procedures for housing under this - subchapter that are the same for all installations of the - Department. - ``(P) To file claims against a landlord. - ``(3) The document developed under paragraph (1) shall contain the -responsibilities of each tenant as follows: - ``(A) To report maintenance or quality of life issues to - the landlord in a timely manner. - ``(B) To maintain standard upkeep of the housing unit as - recommended by the housing management office. - ``(b) Distribution.--The Secretary shall ensure that the Tenant -Bill of Rights under this section is attached to each lease agreement -for housing under this subchapter. - ``(c) Report and Publication.--(1) Beginning in fiscal year 2021, -and biennially thereafter, the Secretary of Defense, in coordination -with the Secretary of each military department, shall submit to the -congressional defense committees, as part of the annual budget -submission of the President for that year under section 1105(a) of -title 31, United States Code, the Tenant Bill of Rights under this -section. - ``(2) Upon submitting the Tenant Bill of Rights to the -congressional defense committees under paragraph (1), the Secretary of -Defense shall publish the Tenant Bill of Rights on a publicly available -Internet website of the Department of Defense.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2886 the following new item: +Sec. 3001. Definitions. -``2887. Tenant Bill of Rights.''. - (c) Military Department Plans.--Not later than February 1, 2020, -the Secretary of each military department shall submit to the -congressional defense committees a plan for the implementation by that -military department of section 2887 of title 10, United States Code, as -added by subsection (a). + Subtitle A--Addition of New Reform Subchapter -SEC. 3012. DESIGNATION OF CHIEF HOUSING OFFICER FOR PRIVATIZED MILITARY - HOUSING. +Sec. 3011. Improved accountability and oversight of privatized military + housing and protections and responsibilities for tenants of + privatized military housing. +Sec. 3012. Designation of Chief Housing Officer for privatized military + housing. +Sec. 3013. Additional requirements relating to contracts for privatized + military housing. +Sec. 3014. Additional requirements relating to management of privatized + military housing. +Sec. 3015. Consideration of contractor history in contracts for + privatized military housing. +Sec. 3016. Additional improvements for management of privatized military + housing. +Sec. 3017. Maintenance work order system for privatized military + housing. +Sec. 3018. Access by tenants of privatized military housing to + maintenance work order system. +Sec. 3019. Access by tenants to historical maintenance information for + privatized military housing. +Sec. 3020. Prohibition on requirement to disclose personally + identifiable information in certain requests for maintenance + of privatized military housing. +Sec. 3021. Treatment of incentive fees for landlords of privatized + military housing for failure to remedy a health or + environmental hazard. +Sec. 3022. Dispute resolution process for landlord-tenant disputes + regarding privatized military housing and requests to withhold + payments during dispute resolution process. +Sec. 3023. Investigation of reports of reprisals relating to privatized + military housing and congressional notification. +Sec. 3024. Prohibition on use of nondisclosure agreements in connection + with leases of privatized military housing. + + Subtitle B--Other Amendatory Provisions + +Sec. 3031. Installation of carbon monoxide detectors in military family + housing. +Sec. 3032. Authority to furnish certain services in connection with use + of alternative authority for acquisition and improvement of + military housing. +Sec. 3033. Treatment of breach of contract for privatized military + housing. +Sec. 3034. Modification to requirements for window fall prevention + devices in military family housing units. +Sec. 3035. Expansion of direct hire authority for Department of Defense + for childcare services providers for Department child + development centers to include direct hire authority for + installation military housing office personnel. +Sec. 3036. Modification of authority to make payments to lessors of + privatized military housing. +Sec. 3037. Technical correction to definition used to make payments to + lessors of privatized military housing. + + Subtitle C--One-Time Reporting Requirements + +Sec. 3041. Report on civilian personnel shortages for appropriate + oversight of management of military housing constructed or + acquired using alternative authority for acquisition and + improvement of military housing. +Sec. 3042. Plans for creation of councils on privatized military + housing. +Sec. 3043. Plan for establishment of Department of Defense jurisdiction + over off-base privatized military housing. +Sec. 3044. Inspector General review of Department of Defense oversight + of privatized military housing. +Sec. 3045. Information on legal services provided to members of the + Armed Forces harmed by health or environmental hazards at + military housing. + + Subtitle D--Development of Housing Reform Standards and Processes + +Sec. 3051. Uniform code of basic standards for privatized military + housing and plan to conduct inspections and assessments. +Sec. 3052. Tool for assessment of hazards in Department of Defense + housing. +Sec. 3053. Process to identify and address environmental health hazards + in Department of Defense housing. +Sec. 3054. Department of Defense policy on lead-based paint testing on + military installations. +Sec. 3055. Standard for minimum credentials for health and environmental + inspectors of privatized military housing. +Sec. 3056. Requirements relating to move-in, move-out, and maintenance + of privatized military housing. +Sec. 3057. Standardized documentation, templates, and forms for + privatized military housing. +Sec. 3058. Satisfaction survey for tenants of military housing. + + Subtitle E--Other Housing Reform Matters + +Sec. 3061. Radon testing of privatized military housing. +Sec. 3062. Mitigation of risks posed by certain items in military family + housing units. +Sec. 3063. Suspension of Resident Energy Conservation Program and + related programs for privatized military housing. +Sec. 3064. Department of the Army pilot program to build and monitor use + of single family homes. +SEC. 3001. DEFINITIONS. + (a) Definitions Generally.--In this title: + (1) The term ``landlord'' means an eligible entity that enters + into, or has entered into, a contract as a partner with the + Secretary concerned for the acquisition or construction of a + housing unit under subchapter IV of chapter 169 of title 10, United + States Code. The term includes any agent of the eligible entity or + any subsequent lessor who owns, manages, or is otherwise + responsible for a housing unit. The term does not include an entity + of the Federal Government. + (2) The term ``privatized military housing'' means military + housing provided under subchapter IV of chapter 169 of title 10, + United States Code. + (3) The term ``tenant'' means a member of the armed forces, + including a reserve component thereof in an active status, or a + dependent of a member of the armed forces who resides at a housing + unit, is a party to a lease for a housing unit, or is authorized to + act on behalf of the member under subchapters IV and V of chapter + 169 of title 10, United States Code, in the event of the assignment + or deployment of a member. + (b) New and Revised Title 10 Definitions.--Section 2871 of title +10, United States Code, is amended-- + (1) in paragraph (4), by adding at the end the following new + sentence: ``The fact that an agreement between an eligible entity + and the Secretary concerned is designated as an agreement rather + than a contract shall not be construed to exclude the agreement + from the term `contract' for purposes of this subchapter and + subchapter V.''; + (2) by redesignating paragraphs (7) and (8) as paragraphs (11) + and (13), respectively; + (3) by inserting after paragraph (6) the following new + paragraphs: + ``(7) The term `housing document' means a document developed by + the Secretary of Defense under section 2890 of this title and known + as the Military Housing Privatization Initiative Tenant Bill of + Rights or the Military Housing Privatization Initiative Tenant + Responsibilities. + ``(8) The term `housing unit' means a unit of family housing or + military unaccompanied housing acquired or constructed under this + subchapter. + ``(9) The term `incentive fees' means any amounts payable to a + landlord for meeting or exceeding performance metrics as specified + in a contract with the Department of Defense. + ``(10) The term `landlord' means an eligible entity that enters + into, or has entered into, a contract as a partner with the + Secretary concerned for the acquisition or construction of a + housing unit under this subchapter. The term includes any agent of + the eligible entity or any subsequent lessor who owns, manages, or + is otherwise responsible for a housing unit. The term does not + include an entity of the Federal Government.''; and + (4) by inserting after paragraph (11), as redesignated by + paragraph (2) of this subsection, the following new paragraph: + ``(12) The term `tenant' means a member of the armed forces, + including a reserve component thereof in an active status, or a + dependent of a member of the armed forces who resides at a housing + unit, is a party to a lease for a housing unit, or is authorized to + act on behalf of the member under this subchapter and subchapter V + of this chapter in the event of the assignment or deployment of a + member.''. + (c) Conforming Amendments to Existing Definitions.--Section 2871 of +title 10, United States Code, is further amended in paragraphs (1), +(3), and (5) by striking ``military'' before ``housing units''. + + Subtitle A--Addition of New Reform Subchapter + +SEC. 3011. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF PRIVATIZED MILITARY +HOUSING AND PROTECTIONS AND RESPONSIBILITIES FOR TENANTS OF PRIVATIZED +MILITARY HOUSING. + (a) Applicability of Definitions.--Section 2871 of title 10, United +States Code, as amended by section 3001, is further amended in the +matter preceding the paragraphs by inserting ``and subchapter V of this +chapter'' after ``this subchapter''. + (b) Military Housing Privatization Reforms.--Chapter 169 of title +10, United States Code, is amended by adding at the end the following +new subchapter: + + ``SUBCHAPTER V--OVERSIGHT OF LANDLORDS AND PROTECTIONS AND + RESPONSIBILITIES FOR TENANTS OF PRIVATIZED MILITARY HOUSING + +``Sec. 2890. Rights and responsibilities of tenants of housing units + ``(a) Development of Tenant Bill of Rights and Tenant +Responsibilities Documents.--(1) The Secretary of Defense shall develop +two separate documents, to be known as the Military Housing +Privatization Initiative Tenant Bill of Rights and the Military Housing +Privatization Initiative Tenant Responsibilities, for tenants of +housing units. + ``(2) The Secretary of each military department shall ensure that +the housing documents are attached to each lease agreement for a +housing unit. + ``(3) The rights and responsibilities contained in the housing +documents are not intended to be exclusive. The omission of a tenant +right or responsibility shall not be construed to deny the existence of +such a right or responsibility for tenants. + ``(4) Each contract between the Secretary concerned and a landlord +shall incorporate the housing documents and guarantee the rights and +responsibilities of tenants who reside in housing units covered by the +contract. + ``(5) The Secretary of Defense shall develop the housing documents +in coordination with the Secretaries of the military departments. + ``(b) Elements of Tenant Bill of Rights.--At a minimum, the +Military Housing Privatization Initiative Tenant Bill of Rights shall +address the following rights of tenants of housing units: + ``(1) The right to reside in a housing unit and community that + meets applicable health and environmental standards. + ``(2) The right to reside in a housing unit that has working + fixtures, appliances, and utilities and to reside in a community + with well-maintained common areas and amenity spaces. + ``(3) The right to be provided with a maintenance history of + the prospective housing unit before signing a lease, as provided in + section 2892a of this title. + ``(4) The right to a written lease with clearly defined rental + terms to establish tenancy in a housing unit, including any + addendums and other regulations imposed by the landlord regarding + occupancy of the housing unit and use of common areas. + ``(5) The right to a plain-language briefing, before signing a + lease and 30 days after move-in, by the installation housing office + on all rights and responsibilities associated with tenancy of the + housing unit, including information regarding the existence of any + additional fees authorized by the lease, any utilities payments, + the procedures for submitting and tracking work orders, the + identity of the military tenant advocate, and the dispute + resolution process. + ``(6) The right to have sufficient time and opportunity to + prepare and be present for move-in and move-out inspections, + including an opportunity to obtain and complete necessary + paperwork. + ``(7) The right to report inadequate housing standards or + deficits in habitability of the housing unit to the landlord, the + chain of command, and housing management office without fear of + reprisal or retaliation, as provided in subsection (e), including + reprisal or retaliation in the following forms: + ``(A) Unlawful recovery of, or attempt to recover, + possession of the housing unit. + ``(B) Unlawfully increasing the rent, decreasing services, + or increasing the obligations of a tenant. + ``(C) Interference with a tenant's right to privacy. + ``(D) Harassment of a tenant. + ``(E) Refusal to honor the terms of the lease. + ``(F) Interference with the career of a tenant. + ``(8) The right of access to a military tenant advocate, as + provided in section 2894(b)(4) of this title, through the housing + management office of the installation of the Department at which + the housing unit is located. + ``(9) The right to receive property management services + provided by a landlord that meet or exceed industry standards and + that are performed by professionally and appropriately trained, + responsive, and courteous customer service and maintenance staff. + ``(10) The right to have multiple, convenient methods to + communicate directly with the landlord maintenance staff, and to + receive consistently honest, accurate, straightforward, and + responsive communications. + ``(11) The right to have access to an electronic work order + system through which a tenant may request maintenance or repairs of + a housing unit and track the progress of the work. + ``(12) With respect to maintenance and repairs to a housing + unit, the right to the following: + ``(A) Prompt and professional maintenance and repair. + ``(B) To be informed of the required time frame for + maintenance or repairs when a maintenance request is submitted. + ``(C) In the case of maintenance or repairs necessary to + ensure habitability of a housing unit, to prompt relocation + into suitable lodging or other housing at no cost to the tenant + until the maintenance or repairs are completed. + ``(13) The right to receive advice from military legal + assistance on procedures involving mechanisms for resolving + disputes with the property management company or property manager + to include mediation, arbitration, and filing claims against a + landlord. + ``(14) The right to enter into a dispute resolution process, as + provided in section 2894 of this title, should all other methods be + exhausted and, in which case, a decision in favor of the tenant may + include a reduction in rent or an amount to be reimbursed or + credited to the tenant. + ``(15) The right to have the tenant's basic allowance housing + payments segregated and held in escrow, with approval of a + designated commander, and not used by the property owner, property + manager, or landlord pending completion of the dispute resolution + process. + ``(16) The right to have reasonable, advance notice of any + entrance by a landlord, installation housing staff, or chain of + command into the housing unit, except in the case of an emergency + or abandonment of the housing unit. + ``(17) The right to not pay non-refundable fees or have + application of rent credits arbitrarily held. + ``(18) The right to expect common documents, forms, and + processes for housing units will be the same for all installations + of the Department, to the maximum extent applicable without + violating local, State, and Federal regulations. + ``(c) Elements of Tenant Responsibilities.--At a minimum, the +Military Housing Privatization Initiative Tenant Responsibilities shall +address the following responsibilities of tenants of housing units: + ``(1) The responsibility to report in a timely manner any + apparent environmental, safety, or health hazards of the housing + unit to the landlord and any defective, broken, damaged, or + malfunctioning building systems, fixtures, appliances, or other + parts of the housing unit, the common areas, or related facilities. + ``(2) The responsibility to maintain standard upkeep of the + housing unit as instructed by the housing management office. + ``(3) The responsibility to conduct oneself as a tenant in a + manner that will not disturb neighbors, and to assume + responsibility for one's actions and those of a family member or + guest in the housing unit or common areas. + ``(4) The responsibility not to engage in any inappropriate, + unauthorized, or criminal activity in the housing unit or common + areas. + ``(5) The responsibility to allow the landlord reasonable + access to the rental home in accordance with the terms of the + tenant lease agreement to allow the landlord to make necessary + repairs in a timely manner. + ``(6) The responsibility to read all lease-related materials + provided by the landlord and to comply with the terms of the lease + agreement, lease addenda, and any associated rules and guidelines. + ``(d) Submission to Congress and Public Availability.--(1) As part +of the budget submission for fiscal year 2021, and biennially +thereafter, the Secretary of Defense shall submit the then-current +housing documents to the congressional defense committees. + ``(2) Any change made to a housing document must be submitted to +Congress at least 30 days before the change takes effect. + ``(3) Upon submission of a housing document under paragraph (1) or +(2), the Secretary of Defense shall publish the housing document on a +publicly available Internet website of the Department of Defense.''. + (c) Clerical Amendments.-- + (1) Table of sections.--Subchapter V of chapter 169 of title + 10, United States Code, as added by subsection (b), is amended by + inserting after the subchapter heading the following table of + sections: + +Sec. +2890. Rights and responsibilities of tenants of housing units. +2890a. Chief Housing Officer. +2891. Requirements relating to contracts for provision of housing units. +2891a. Requirements relating to management of housing units. +2891b. Considerations of eligible entity housing history in contracts + for privatized military housing. +2891c. Financial transparency. +2892. Maintenance work order system for housing units. +2892a. Access by tenants to historical maintenance information. +2892b. Prohibition on requirement to disclose personally identifiable + information in electronic requests for maintenance. +2893. Treatment of incentive fees for landlords of housing units for + failure to remedy health or environmental hazards. +2894. Landlord-tenant dispute resolution process and treatment of + certain payments during process. +2894a. Complaint database. + + (2) Table of subchapters.--The table of subchapters at the + beginning of chapter 169 of title 10, United States Code, is + amended by inserting after the item relating to subchapter IV the + following new item: + +``V. Oversight of Landlords and Protections and Responsibilities +for Tenants of Privatized Military Housing......................2890.''. - (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by inserting after section 2872a the following -new section: -``Sec. 2872b. Chief Housing Officer - ``(a) In General.--(1) The Secretary of Defense shall designate, +SEC. 3012. DESIGNATION OF CHIEF HOUSING OFFICER FOR PRIVATIZED MILITARY +HOUSING. + (a) Designation Required.--Subchapter V of chapter 169 of title 10, +United States Code, as added by section 3011, is amended by inserting +after section 2890 of such title, as added by section 3011 and amended +by sections 3023 and 3024, the following new section: +``Sec. 2890a. Chief Housing Officer + ``(a) Designation.--(1) The Secretary of Defense shall designate, from among officials of the Department of Defense who are appointed by the President with the advice and consent of the Senate, a Chief -Housing Officer who shall oversee housing provided under this -subchapter. - ``(2) The official designated under paragraph (1) may have duties -in addition to the duties of the Chief Housing Officer under this -section. - ``(b) Duties.--The Chief Housing Officer shall oversee all aspects -of the provision of housing under this subchapter, including by -carrying out the following: - ``(1) Creation and standardization of policies and - processes. - ``(2) Oversight of the administration of lease agreements - by the Secretary of each military department. - ``(3) Audits of the provision of housing under this - subchapter, including audits of lease agreements and other - contracts, maintenance work orders, and incentive fee payments - and general audits in the conduct of oversight. - ``(c) Office and Staff.--(1) The Chief Housing Officer shall -establish and maintain an office staffed by military personnel and -employees of the Department of Defense whose skills and capabilities -will assist the Chief Housing Officer in the exercise of the duties of -the Chief Housing Officer under subsection (b). Such office shall be -known as the `Office of the Chief Housing Officer'. - ``(2) Personnel and employees staffed under paragraph (1) shall -include legal counsel, engineers, and auditors.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2872a the following new item: - -``2872b. Chief Housing Officer.''. - (c) Report.--Not later than 60 days after the date of the enactment -of this Act, the Secretary of Defense shall submit to the congressional -defense committees a report on-- - (1) the designation of a Chief Housing Officer under - section 2872b of title 10, United States Code, as added by - subsection (a); and - (2) the organizational structure, funding, human resources, - and other relevant requirements of the Office of the Chief - Housing Officer under such section. - -SEC. 3013. COMMAND OVERSIGHT OF MILITARY PRIVATIZED HOUSING AS ELEMENT - OF PERFORMANCE EVALUATIONS. - - (a) Evaluations in General.--Each Secretary of a military -department shall ensure that the performance evaluations of any -individual described in subsection (b) under the jurisdiction of such -Secretary indicates the extent to which such individual has or has not -exercised effective oversight and leadership in the following: - (1) Improving conditions of privatized housing under the - military privatized housing initiative under subchapter IV of - chapter 169, United States Code. - (2) Addressing concerns with respect to such housing of - members of the Armed Forces and their families who reside in - such housing on an installation of the military department - concerned. - (b) Covered Individuals.--The individuals described in this -subsection are as follows: - (1) The commander of an installation of a military - department at which on-installation housing is managed by a - landlord under the military privatized housing initiative - referred to in subsection (a)(1). - (2) Each officer or senior enlisted member of the Armed - Forces at an installation described in paragraph (1) whose - duties include facilities or housing management at such - installation. - (3) Any other officer or enlisted member of the Armed - Forces (whether or not at an installation described in - paragraph (1)) as specified by the Secretary of the military - department concerned for purposes of this section. - -SEC. 3014. CONSIDERATION OF HISTORY OF LANDLORD IN CONTRACT RENEWAL - PROCESS FOR PRIVATIZED MILITARY HOUSING. - - (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by inserting after section 2874 the following +Housing Officer who shall oversee housing units. + ``(2) The official of the Department of Defense designated as Chief +Housing Officer may be assigned duties in addition to the duties as +Chief Housing Officer under subsection (b). + ``(b) Principal Duties.--(1) The Chief Housing Officer shall +oversee all aspects of the provision of housing under subchapter IV and +this subchapter, including the following: + ``(A) Creation and standardization of policies and processes + regarding housing units. + ``(B) Oversight of the administration of any Department of + Defense-wide policies regarding housing units, to include, in + coordination with the Secretaries of the military departments, the + housing documents developed pursuant to section 2890 of this title + entitled Military Housing Privatization Initiative Tenant Bill of + Rights and Military Housing Privatization Initiative Tenant + Responsibilities. + ``(2) The duties specified in paragraph (1) may not be further +delegated.''. + (b) Notification of Designation.--Not later than 60 days after the +date of the enactment of this Act, the Secretary of Defense shall +notify the congressional defense committees of the official of the +Department of Defense designated as Chief Housing Officer under section +2890a of title 10, United States Code, as added by subsection (a). Any +time the designation of Chief Housing Officer changes, the Secretary of +Defense shall update the notification of the congressional defense +committees within 30 days after the new designation. +SEC. 3013. ADDITIONAL REQUIREMENTS RELATING TO CONTRACTS FOR PRIVATIZED +MILITARY HOUSING. + (a) In General.--Subchapter V of chapter 169 of title 10, United +States Code, as added by section 3011, is amended by inserting after +section 2890a of such title, as added by section 3012, the following new section: -``Sec. 2874a. Consideration of history of landlord in contract renewal - process - ``(a) In General.--In deciding whether to enter into or renew a -contract with a landlord under this subchapter, the Secretary of -Defense shall develop a standard process for determining past -performance for purposes of informing future decisions regarding the -award of such a contract. +``Sec. 2891. Requirements relating to contracts for provision of + housing units + ``(a) In General.--The requirements of this section condition +contracts entered into using the authorities provided to the Secretary +concerned under section 2872 of this title and other authorities +provided under subchapter IV of this chapter and this subchapter. + ``(b) Exclusion of Certain Employees.--A landlord providing a +housing unit shall prohibit any employee of the landlord who commits +work-order fraud under the contract from doing any work under the +contract. + ``(c) Dispute Resolution Process.--Any decision the commander +renders in favor of the tenant in the formal dispute resolution process +established pursuant to section 2894 of this title will be taken into +consideration in determining whether to pay or withhold all or part of +any incentive fees for which a landlord may otherwise be eligible under +the contract. + ``(d) Responsibility for Certain Medical Costs.-- + ``(1) Reimbursement required under certain circumstances.--If + the Secretary concerned finds that a landlord fails to maintain + safe and sanitary conditions for a housing unit under the contract + and that, subject to paragraph (2), these conditions result in a + tenant of the housing unit receiving medical evaluations and + treatment, the landlord shall be responsible for reimbursing the + Department of Defense for any costs incurred by the Department to + provide the medical evaluations and treatment to the tenant, + whether such evaluations and treatment are provided in a military + medical treatment facility or through the TRICARE provider network. + ``(2) Review process.--Before the Secretary concerned may + submit a claim under paragraph (1) to a landlord for reimbursement + of Department medical evaluation and treatment costs-- + ``(A) a military medical professional must determine that + the tenant's medical conditions were caused by unsafe and + unsanitary conditions of the housing unit; and + ``(B) the documentation of the medical evaluation showing + causation must be sent to the Director of the Defense Health + Agency for review and approval. + ``(3) Uniform processes and procedures.--Not later than 180 + days after the date of the enactment of this section, the Director + of the Defense Health Agency shall develop and publish uniform + processes and procedures to be used by medical providers in + military medical treatment facilities to make determinations + regarding whether environmental hazards within housing units serve + as causative factors for medical conditions being evaluated and + treated in military medical treatment facilities or through the + TRICARE provider network. + ``(e) Responsibility for Relocation Costs.-- + ``(1) Permanent relocation.--A landlord providing a housing + unit shall pay reasonable relocation costs associated with the + permanent relocation of a tenant from the housing unit to a + different housing due to health or environmental hazards-- + ``(A) present in the housing unit being vacated through no + fault of the tenant; and + ``(B) confirmed by the housing management office of the + installation for which the housing unit is provided as making + the unit uninhabitable or unable to be remediated safely while + tenant occupies the housing unit. + ``(2) Temporary relocation.--The landlord shall pay reasonable + relocation costs and actual costs of living, including per diem, + associated with the temporary relocation of a tenant to a different + housing unit due to health or environmental hazards-- + ``(A) present in the housing unit being vacated through no + fault of the tenant; and + ``(B) confirmed by the housing management office of the + installation as making the unit uninhabitable or unable to be + remediated safely while tenant occupies the housing unit. + ``(f) Maintenance Work Order System.--A landlord providing a +housing unit shall ensure that the maintenance work order system of the +landlord (hardware and software) is up to date, including-- + ``(1) by providing a reliable mechanism through which a tenant + may submit work order requests through an Internet portal and + mobile application, which shall incorporate the ability to upload + photos, communicate with maintenance personnel, and rate individual + service calls; + ``(2) by allowing real-time access to such system by officials + of the Department at the installation, major subordinate command, + and service-wide levels; and + ``(3) by allowing the work order or maintenance ticket to be + closed only once the tenant and the head of the housing management + office of the installation sign off. + ``(g) Implementation.--The Secretary concerned shall create such +legal documents as may be necessary to carry out this section.''. + (b) Effective Date.--The requirements set forth in section 2891 of +title 10, United States Code, as added by subsection (a), shall apply +to appropriate legal documents entered into or renewed on or after the +date of the enactment of this Act between the Secretary of a military +department and a landlord regarding privatized military housing. + (c) Retroactive Landlord Agreements.-- + (1) In general.--Not later than February 1, 2020, the Secretary + of Defense shall seek agreement from all landlords to accept the + application of the requirements set forth in section 2891 of title + 10, United States Code, as added by subsection (a), to appropriate + legal documents entered into or renewed before the date of the + enactment of this Act between the Secretary of a military + department and a landlord regarding privatized military housing + (2) Submittal of list to congress.--Not later than March 1, + 2020, the Secretary of Defense shall submit to the congressional + defense committees a list of any landlords that did not agree under + paragraph (1) to accept the requirements set forth in section 2891 + of title 10, United States Code, as added by subsection (a). + (3) Consideration of lack of agreement in future contracts.-- + The Secretary of Defense and the Secretaries of the military + departments shall include any lack of agreement under paragraph (1) + as past performance considered under section 2891b of title 10, + United States Code, as added by section 3015,with respect to + entering into or renewing any future contracts regarding privatized + military housing. +SEC. 3014. ADDITIONAL REQUIREMENTS RELATING TO MANAGEMENT OF PRIVATIZED +MILITARY HOUSING. + (a) In General.--Subchapter V of chapter 169 of title 10, United +States Code, as added by section 3011, is amended by inserting after +section 2891 of such title, as added by section 3013, the following new +section: +``Sec. 2891a. Requirements relating to management of housing units + ``(a) In General.--The Secretary of Defense shall ensure that each +contract between the Secretary concerned and a landlord regarding the +management of housing units for an installation of the Department of +Defense includes the requirements set forth in this section. + ``(b) Requirements for Installation Commanders.--(1) The +installation commander shall be responsible for-- + ``(A) reviewing, on an annual basis, the mold mitigation plan + and pest control plan of each landlord managing housing units for + the installation; and + ``(B) notifying the landlord and the major subordinate command + of any deficiencies found in either plan. + ``(2) In response to a request by the head of the housing +management office of an installation, the installation commander shall +use the assigned bio-environmental personnel or contractor equivalent +at the installation to test housing units for mold, unsafe water +conditions, and other health and safety conditions + ``(c) Requirements for Housing Management Office.--(1) The head of +the housing management office of an installation shall be responsible +for-- + ``(A) conducting a physical inspection of, and approving the + habitability of, a vacant housing unit for the installation before + the landlord managing the housing unit is authorized to offer the + housing unit available for occupancy; + ``(B) conducting a physical inspection of the housing unit upon + tenant move-out; and + ``(C) maintaining all test results relating to the health, + environmental, and safety condition of the housing unit and the + results of any inspection conducted by the housing management + office, landlord, or third-party contractor for the life of the + contract relating to that housing unit. + ``(2) The head of the installation housing management office shall +be provided a list of any move-out charges that a landlord seeks to +collect from an outgoing tenant. + ``(3) The head of the installation housing management office shall +initiate contact with a tenant regarding the satisfaction of the tenant +with the housing unit of the tenant not later than-- + ``(A) 15 days after move-in; and + ``(B) 60 days after move-in. + ``(d) Requirements for Landlords.--(1) The landlord providing a +housing unit shall disclose to the Secretary of Defense any bonus +structures offered for community managers and regional executives and +any bonus structures relating to maintenance of housing units, in order +to minimize the impact of those incentives on the operating budget of +the installation for which the housing units are provided. + ``(2) With respect to test results relating to the health and +safety condition of a housing unit, the landlord providing the housing +unit shall-- + ``(A) not later than three days after receiving the test + results, share the results with the tenant of the housing unit and + submit the results to the head of the installation housing + management office; and + ``(B) include with any environmental hazard test results a + simple guide explaining those results, preferably citing standards + set forth by the Federal Government relating to environmental + hazards. + ``(3) Before a prospective tenant signs a lease to occupy a housing +unit, the landlord providing the housing unit shall conduct a +walkthrough inspection of the housing unit-- + ``(A) for the prospective tenant; or + ``(B) if the prospective tenant is not able to be present for + the inspection, with an official of the housing management office + designated by the prospective tenant to conduct the inspection on + the tenant's behalf. + ``(4) In the event that the installation housing management office +determines that a housing unit does not meet minimum health, safety, +and welfare standards set forth in Federal, State, and local law as a +result of a walkthrough inspection or an inspection conducted under +subsection (c), the landlord providing the housing unit shall remediate +any issues and make any appropriate repairs to the satisfaction of the +housing management office and subject to another inspection by the +housing management office. + ``(5) A landlord providing a housing unit may not conduct any +promotional events to encourage tenants to fill out maintenance comment +cards or satisfaction surveys of any kind, without the approval of the +chief of the housing management office. + ``(6) A landlord providing a housing unit may not award an +installation of the Department of Defense or an officer or employee of +the Department a `Partner of the Year award' or similar award. + ``(7) A landlord providing a housing unit may not enter into any +form of settlement, nondisclosure, or release of liability agreement +with a tenant without-- + ``(A) first notifying the tenant of the tenant's right to + assistance from the legal assistance office at the installation; + and + ``(B) not later than five days before entering into such + settlement, nondisclosure, or release of liability agreement, + providing a copy of the agreement and terms to the Assistant + Secretary of Defense for Sustainment. + ``(8) A landlord providing a housing unit may not change the +position of a prospective tenant on a waiting list for a housing unit +or remove a prospective tenant from the waiting list in response to the +prospective tenant turning down an offer for a housing unit, if the +housing unit is determined unsatisfactory by the prospective tenant and +the determination is confirmed by the housing management office and the +installation commander. + ``(9) A landlord providing a housing unit shall allow employees of +the housing management office and other officers and employees of the +Department to conduct-- + ``(A) with the permission of the tenant of the housing unit as + appropriate, physical inspections of the housing unit; and + ``(B) physical inspections of any common areas maintained by + the landlord. + ``(10) A landlord providing a housing unit shall agree to +participate in the dispute resolution and payment-withholding processes +established pursuant to section 2894 of this title. + ``(11) A landlord providing a housing unit shall ensure that the +needs of enrollees in the Exceptional Family Member Program, or any +successor program, are considered in assigning prospective tenants to +housing units provided by the landlord. + ``(12) A landlord providing a housing unit shall maintain an +electronic work order system that enables access by the tenant to view +work order history, status, and other relevant information, as required +by section 2892 of this title. + ``(13) A landlord providing a housing unit shall agree to have any +agreements or forms to be used by the landlord approved by the +Assistant Secretary of Defense for Sustainment, including the +following: + ``(A) A common lease agreement. + ``(B) Any disclosure or nondisclosure forms that could be given + to a tenant. + ``(e) Prohibition Against Collection of Amounts in Addition to +Rent.--(1) A landlord providing a housing unit may not impose on a +tenant of the housing unit a supplemental payment, such as an out-of- +pocket fee, in addition to the amount of rent the landlord charges for +a unit of similar size and composition to the housing unit, without +regard to whether or not the amount of the any basic allowance for +housing under section 403 of title 37 the tenant may receive as a +member of the armed forces is less than the amount of the rent. + ``(2) Nothing in paragraph (1) shall be construed-- + ``(A) to prohibit a landlord from imposing an additional + payment-- + ``(i) for optional services provided to military tenants, + such as access to a gym or a parking space; + ``(ii) for non-essential utility services, as determined in + accordance with regulations promulgated by the Secretary + concerned; or + ``(iii) to recover damages associated with tenant + negligence, consistent with subsection (c)(2); or + ``(B) to limit or otherwise affect the authority of the + Secretary concerned to enter into rental guarantee agreements under + section 2876 of this title or to make differential lease payments + under section 2877 of this title, so long as such agreements or + payments do not require a tenant to pay an out-of-pocket fee or + payment in addition to the amount of the any basic allowance for + housing under section 403 of title 37 the tenant may receive as a + member of the armed forces.''. + (b) Military Department Implementation Plans.--Not later than +February 1, 2020, the Secretary of each military department shall +submit to the congressional defense committees a plan for the +implementation by that military department of section 2891a of title +10, United States Code, as added by subsection (a). + (c) Effective Date.--The requirements set forth in section 2891a of +title 10, United States Code, as added by subsection (a), shall apply +to appropriate legal documents entered into or renewed on or after the +date of the enactment of this Act between the Secretary of a military +department and a landlord regarding privatized military housing. + (d) Repeal of Replaced Provision.-- + (1) Repeal.--Section 2886 of title 10, United States Code, is + repealed. + (2) Clerical amendment.--The table of sections at the beginning + of subchapter IV of chapter 169 of title 10, United States Code, is + amended by striking the item relating to section 2886. + (e) Retroactive Landlord Agreements.-- + (1) In general.--Not later than February 1, 2020, the Secretary + of Defense shall seek agreement from all landlords to accept the + application of the requirements set forth in section 2891a of title + 10, United States Code, as added by subsection (a), to appropriate + legal documents entered into or renewed before the date of the + enactment of this Act between the Secretary of a military + department and a landlord regarding privatized military housing + (2) Submittal of list to congress.--Not later than March 1, + 2020, the Secretary of Defense shall submit to the congressional + defense committees a list of any landlords that did not agree under + paragraph (1) to accept the requirements set forth in section 2891a + of title 10, United States Code, as added by subsection (a). + (3) Consideration of lack of agreement in future contracts.-- + The Secretary of Defense and the Secretaries of the military + departments shall include any lack of agreement under paragraph (1) + as past performance considered under section 2891b of title 10, + United States Code, as added by section 3015, with respect to + entering into or renewing any future contracts regarding privatized + military housing. +SEC. 3015. CONSIDERATION OF CONTRACTOR HISTORY IN CONTRACTS FOR +PRIVATIZED MILITARY HOUSING. + Subchapter V of chapter 169 of title 10, United States Code, as +added by section 3011, is amended by inserting after section 2891a of +such title, as added by section 3014, the following new section: +``Sec. 2891b. Considerations of eligible entity housing history in + contracts for privatized military housing + ``(a) Consideration Required.--To assist in making a determination +whether to enter into a new contract, or renew an existing contract, +with an eligible entity, the Secretary of Defense shall develop a +standard process by which the Secretary concerned may evaluate the past +performance of the eligible entity for purposes of informing future +decisions regarding the award of such a contract. ``(b) Elements of Process.--The process developed under subsection (a) shall include, at a minimum, consideration of the following: - ``(1) Any history of the landlord of providing substandard - housing. - ``(2) The recommendation of the commander of the - installation at which the housing is to be located under the - contract. - ``(3) The recommendation of the commander of any - installation at which the landlord has provided housing under - this subchapter.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2874 the following new item: - -``2874a. Consideration of history of landlord in contract renewal - process.''. - -SEC. 3015. TREATMENT OF BREACH OF CONTRACT FOR PRIVATIZED MILITARY - HOUSING. - - (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by inserting after section 2874a the following -new section: -``Sec. 2874b. Treatment of breach of contract - ``Notwithstanding any other provision of law, the Secretary of -Defense-- - ``(1) shall withhold amounts to be paid under a contract - under this subchapter if the other party to the contract is - found to have engaged in a material breach of the contract; - ``(2) shall rescind a contract under this subchapter if the - other party to the contract, based on credible evidence, fails - to cure such breach within 90 days; and - ``(3) shall not permit the other party to a contract - rescinded under paragraph (2) to enter into new contracts with - the Secretary under this subchapter or undertake expansions - under existing contracts with the Secretary under this - subchapter.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2874a the following new item: - -``2874b. Treatment of breach of contract.''. - -SEC. 3016. UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED MILITARY - HOUSING AND PLAN TO CONDUCT INSPECTIONS AND ASSESSMENTS. - - (a) Uniform Code.--The Secretary of Defense shall establish a -uniform code of basic housing standards for safety, comfort, and -habitability for privatized military housing. - (b) Plan.-- - (1) In general.--Not later than February 1, 2020, the - Secretary of Defense shall submit to the congressional defense - committees a plan of the Department of Defense to contract with - home inspectors described in subsection (c) to conduct a - thorough inspection and assessment of the structural integrity - and habitability of each privatized military housing unit. - (2) Inclusion of uniform code.--The plan submitted under - paragraph (1) shall include the uniform code established under - subsection (a). - (3) Implementation.-- - (A) In general.--Not later than February 1, 2021, - the Secretary of each military department shall conduct - inspections and assessments of privatized military - housing units under the jurisdiction of the Secretary - concerned pursuant to the plan submitted under - paragraph (1) to identify issues and ensure compliance - with applicable housing codes, including the uniform - code established under subsection (a). - (B) Report.--Not later than March 1, 2021, the - Secretary of Defense shall submit to the congressional - defense committees a report on the findings of the - inspections and assessments conducted under - subparagraph (A). - (c) Home Inspectors Described.--A home inspector described in this -subsection is a home inspector that is not affiliated with-- - (1) the Federal Government; or - (2) an individual or entity who owns or manages a - privatized military housing unit. - -SEC. 3017. REPEAL OF SUPPLEMENTAL PAYMENTS TO LESSORS AND REQUIREMENT - FOR USE OF FUNDS IN CONNECTION WITH THE MILITARY HOUSING - PRIVATIZATION INITIATIVE. - - (a) Repeal.-- - (1) In general.--Section 606 of the John S. McCain National - Defense Authorization Act for Fiscal Year 2019 (Public Law 115- - 232; 132 Stat. 1795; 10 U.S.C. 2871 note) is amended by - striking subsection (a). - (2) Effective date.--The amendment made by paragraph (1) - shall take effect on the date of the enactment of this Act, and - shall apply with respect to months beginning on or after that - date. - (b) Use of Funds in Connection With MHPI.-- - (1) In general.--Each month beginning with the first month - after the date of the enactment of this Act, each Secretary of - a military department shall do the following: - (A) Payments to lessors.--Use funds, in an amount - calculated pursuant to paragraph (2)(A), for payments - to lessors of covered housing in the manner provided by - subsection (a) of section 606 of the John S. McCain - National Defense Authorization Act for Fiscal Year - 2019, as in effect on the day before the date of the - enactment of this Act. - (B) Improvement of oversight and management of - agreements.--Use funds, in an amount calculated - pursuant to paragraph (2)(B), for improvements of the - oversight and management of agreements for MHPI housing - under the jurisdiction of such Secretary. - (2) Monthly amounts.-- - (A) For payments to lessors.--The amount calculated - for a military department for a month pursuant to this - subparagraph is 2 percent of the aggregate of the - amounts calculated under section 403(b)(3)(A)(i) of - title 37, United States Code, for covered housing under - the jurisdiction of such department for such month. - (B) For improvement of oversight and management of - agreements.--The amount calculated for a military - department for a month pursuant to this subparagraph is - 3 percent of the aggregate of the amounts calculated - under section 403(b)(3)(A)(i) of title 37, United - States Code, for covered housing under the jurisdiction - of such department for such month. - (3) Improvements.--Improvements under paragraph (1)(B) to - the oversight and management of agreements described in that - paragraph may include the following: - (A) Assignment of additional civilian personnel to - perform oversight and management functions with respect - to such agreements. - (B) Investment in technological mechanisms to - assist the military department concerned in overseeing - the maintenance and upkeep of MHPI housing. - (C) Such additional investment in the oversight and - management of such agreements, and in overseeing the - maintenance and upkeep of MHPI housing, as the - Secretary of the military department concerned - considers appropriate. - (4) Additional payments to lessors.--In any month described - in paragraph (1), the Secretary of a military department may - use amounts, in addition to amounts calculated pursuant to - paragraph (2)(A), for payments to lessors as described in - paragraph (1)(A) if such Secretary provides advance notice of - such payments to the Committees on Armed Services of the Senate - and the House of Representatives. - (5) Definitions.--In this subsection, the terms ``covered - housing'' and ``MHPI housing'' have the meanings given such - terms in section 606(d) of the John S. McCain National Defense - Authorization Act for Fiscal Year 2019. - -SEC. 3018. STANDARD FOR COMMON CREDENTIALS FOR HEALTH AND ENVIRONMENTAL - INSPECTORS OF PRIVATIZED MILITARY HOUSING. - - (a) In General.--Not later than February 1, 2020, the Secretary of -Defense shall submit to the congressional defense committees a report -that contains a standard for common credentials to be used throughout -the Department of Defense for all inspectors of health and -environmental hazards at privatized military housing units, including -inspectors contracted by the Department. - (b) Inclusion of Categories for Specific Environmental Hazards.-- -The standard submitted under subsection (a) shall include categories -for specific environmental hazards such as lead, mold, and radon. - -SEC. 3019. IMPROVEMENT OF PRIVATIZED MILITARY HOUSING. - - (a) Complaint Database and Financial Transparency.-- - (1) In general.--Subchapter IV of chapter 169 of title 10, - United States Code, is amended by adding at the end the - following new sections: -``Sec. 2888. Complaint database + ``(1) Any history of the eligible entity of providing + substandard housing. + ``(2) The recommendation of the commander of the installation + for which housing units will be provided under the contract. + ``(3) The recommendation of the commander of any other + installation for which the eligible entity has provided housing + units.''. +SEC. 3016. ADDITIONAL IMPROVEMENTS FOR MANAGEMENT OF PRIVATIZED +MILITARY HOUSING. + (a) Improved Financial Transparency.--Subchapter V of chapter 169 +of title 10, United States Code, as added by section 3011, is amended +by inserting after section 2891b of such title, as added by section +3015, the following new section: +``Sec. 2891c. Financial transparency + ``(a) Submission of Landlord Financial Information.--(1) Not less +frequently than annually, the Secretary of Defense shall require that +each landlord submit to the Secretary a report providing information +regarding all housing units provided by the landlord. + ``(2) Information provided under paragraph (1) by a landlord shall +include the following: + ``(A) A comprehensive summary of the landlord's financial + performance. + ``(B) The amount of base management fees relating to all + housing units provided by the landlord. + ``(C) The amount of asset management fees relating to such + housing units. + ``(D) The amount of preferred return fees relating to such + housing units. + ``(E) The residual cashflow distributions relating to such + housing units. + ``(F) The amount of deferred fees or other fees relating to + such housing units. + ``(3) In this subsection: + ``(A) The term `base management fees' means the monthly + management fees collected for services associated with accepting + and processing rent payments, ensuring tenant rent payments, + property inspections, maintenance management, and emergency + maintenance calls. + ``(B) the term `asset management fees' means fees paid to + manage a housing unit for the purpose of ensuring the housing unit + is maintained in good condition and making repairs over the + lifecycle of the housing unit. + ``(C) the term `preferred return fees' means fees associated + with any claims on profits furnished to preferred investors with an + interest in the housing unit. + ``(D) the term `residual cashflow distribution' means the steps + a specific housing project takes to restructure after it is + determined that the project is in an unacceptable financial + condition. + ``(E) the term `deferred fee' means any fee that was not paid + to a person in a calendar year in order to meet other financial + obligations of the landlord. + ``(b) Availability of Information on Use of Incentive Fees.--(1) +Not less frequently than annually, the Secretary of Defense shall +publish, on a publicly accessible website, information regarding the +use by the Secretary concerned of incentive fees to support contracts +for the provision or management of housing units. + ``(2) The information provided under paragraph (1) shall include, +with respect to each contract, the following: + ``(A) The applicable incentive fees. + ``(B) The metrics used to determine the incentive fees. + ``(C) Whether incentive fees were paid in full, or were + withheld in part or in full, during the period covered by the + release of information. + ``(D) If any incentive fees were withheld, the reasons for such + withholding.''. + (b) Establishment and Availability of Complaint Database.-- +Subchapter V of chapter 169 of title 10, United States Code, as added +by section 3011, is amended by inserting after section 2894 of such +title, as added by section 3022, the following new section: +``Sec. 2894a. Complaint database ``(a) Database Required.--The Secretary of Defense shall establish -a database that is available to the public of complaints relating to -housing units under this subchapter. - ``(b) Filing of Complaints.--The Secretary shall ensure that a -tenant of a housing unit under this subchapter may file a complaint -relating to such housing unit for inclusion in the database under -subsection (a). - ``(c) Response by Landlord.--(1) The Secretary shall include in any -contract with a landlord responsible for a housing unit under this -subchapter a requirement that the landlord respond to any complaints -included in the database under subsection (a) that relate to the -housing unit. - ``(2) Any response under paragraph (1) shall be included in the -database under subsection (a). -``Sec. 2889. Financial transparency - ``(a) Publication of Details of Contracts.--(1) Not less frequently -than annually, the Secretary Defense shall publish in the Federal -Register the financial details of each contract for the management of -housing units under this subchapter. - ``(2) The financial details published under paragraph (1) shall -include the following: - ``(A) Base management fees for managing the housing units. - ``(B) Incentive fees relating to the housing units, - including details on the following: - ``(i) Metrics upon which such incentive fees are - paid. - ``(ii) Whether incentive fees were paid in full or - withheld in part or in full during the year covered by - the publication, and if so, why. - ``(C) Asset management fees relating to the housing units. - ``(D) Preferred return fees relating to the housing units. - ``(E) Any deferred fees or other fees relating to the - housing units. - ``(F) Residual cash flow distributions relating to the - housing units. - ``(b) Annual Financial Statements.--(1) The Secretary of Defense -shall require that each landlord submit to the Secretary, not less -frequently than annually, financial statements equivalent to a 10-K (or -successor form) for-- - ``(A) the landlord; and - ``(B) each contract entered into between the landlord and - the Department of Defense under this subchapter.''. - (2) Clerical amendment.--The table of sections at the - beginning of such subchapter is amended by inserting after the - item relating to section 2887 the following new items: - -``2888. Complaint database. -``2889. Financial transparency.''. - (b) Annual Reports on Privatized Military Housing and Denied -Requests to Withhold Payments.--Section 2884 of title 10, United States -Code, is amended by adding at the end the following new subsections: - ``(d) Annual Report on Housing.--(1) Not less frequently than -annually, the Secretary of Defense shall submit to the congressional -defense committees and publish on a publicly available website of the -Department of Defense a report on housing units under this subchapter, -disaggregated by military installation. - ``(2) Each report submitted under paragraph (1) shall include the -following: - ``(A) An assessment of the condition of housing units under - this subchapter based on the average age of those units and the - estimated time until recapitalization. - ``(B) An analysis of complaints of tenants of such housing - units. - ``(C) An assessment of maintenance response times and - completion of maintenance requests relating to such housing - units. - ``(D) An assessment of dispute resolution relating to such - housing units. - ``(E) An assessment of overall customer service for tenants - of such housing units. - ``(F) A description of the results of any no-notice housing - inspections conducted for such housing units. - ``(G) The results of any resident surveys conducted with - respect to such housing units. - ``(e) Report on Denied Requests to Withhold Payments.--Not less -frequently than annually, the commander of each military installation -shall submit to the congressional defense committees a report on all -requests that were made by members of the armed forces who are tenants -of housing units under this subchapter to withhold from the landlord of -such unit any basic allowance for housing payable to the member -(including for any dependents of the member in the member's household) -under section 403 of title 37, or any other allotment of pay under -section 2882(c) of this title, and that were denied during the year -covered by the report.''. - -SEC. 3020. ACCESS TO MAINTENANCE WORK ORDER SYSTEM OF LANDLORDS OF - PRIVATIZED MILITARY HOUSING. - - (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by adding at the end the following new section: -``Sec. 2890. Access to maintenance work order system - ``The Secretary of Defense shall require each landlord that -provides housing under this subchapter at an installation of the -Department of Defense to provide access to the maintenance work order -system of such landlord with respect to such housing to the following: - ``(1) Personnel of the housing management office at such - installation. - ``(2) Personnel of the installation and engineer command or - center of the military department concerned. - ``(3) Such other personnel of the Department of Defense as - the Secretary determines necessary.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2889 the following new item: - -``2890. Access to maintenance work order system.''. - -SEC. 3021. ACCESS BY TENANTS OF PRIVATIZED MILITARY HOUSING TO WORK - ORDER SYSTEM OF LANDLORD. - - The Secretary of Defense shall require that each landlord for a -privatized military housing unit-- - (1) have an electronic work order system for all work - orders for maintenance requests relating to such unit; and - (2) provide to a tenant of such unit access to such system - to, at a minimum, track the status and progress of work orders - for maintenance requests relating to such unit. - - Subtitle B--Prioritizing Families - -SEC. 3031. DISPUTE RESOLUTION PROCESS FOR LANDLORD-TENANT DISPUTES - REGARDING PRIVATIZED MILITARY HOUSING AND REQUESTS TO - WITHHOLD PAYMENTS. - - (a) Dispute Resolution and Request to Withhold Payment.-- - (1) In general.--Subchapter IV of chapter 169 of title 10, - United States Code, is amended by adding at the end the - following new sections: -``Sec. 2891. Landlord-tenant dispute resolution process - ``(a) In General.--The Secretary of Defense shall implement a -standardized formal dispute resolution process on each military -installation with housing units under this subchapter to ensure the -prompt and fair resolution of landlord-tenant disputes concerning -maintenance and repairs, damage claims, rental payments, move-out -charges, and such other issues relating to such housing units as the -Secretary determines appropriate. - ``(b) Dispute Submittal.--(1) Each landlord shall establish a -process through which a tenant of a housing unit under this subchapter -may submit a dispute directly to the landlord through an online or -other form. - ``(2) Not later than 24 hours after receiving a dispute submittal -from a tenant under paragraph (1), the landlord shall-- - ``(A) notify the tenant that the submittal has been - received; and - ``(B) transmit a copy of such submittal to the housing - management office of the installation in which the housing unit - is located. - ``(3)(A) Not later than seven days after receiving a dispute -submittal from a tenant under paragraph (1), the landlord shall-- - ``(i) submit to the tenant a decision regarding the - dispute; and - ``(ii) transmit a copy of such decision to the housing - management office. - ``(B)(i) For purposes of conducting an assessment necessary to make -a decision under subparagraph (A) with respect to a housing unit, the -landlord may access the housing unit at a time and for a duration -mutually agreed upon by the landlord and the tenant. - ``(ii) The tenant may request that an employee of the housing -management office be present when the landlord accesses the housing -unit of the tenant under clause (i). - ``(c) Appeals.--(1) Not later than 30 days after a tenant receives -a decision by a landlord under subsection (b)(3), the tenant may appeal -that decision for review under subsection (d) by the commander of the -military installation at which the housing unit is located. - ``(2) Any appeal submitted under paragraph (1) shall be submitted-- - ``(A) on a standardized form; and - ``(B) to an address designated by the commander for such - purpose. - ``(3) The Secretary shall ensure that, in preparing an appeal to -the commander under this subsection, a tenant shall have access to -advice and assistance from a military housing advocate employed by the -military department concerned or a military legal assistance attorney -under section 1044 of this title. - ``(d) Review Process.--(1) The commander of each military -installation with housing units under this subchapter shall establish a -military privatized housing dispute resolution appeals process-- - ``(A) to review and decide appeals by tenants under - subsection (c) relating to such housing units; and - ``(B) to review and decide requests to withhold payments - under section 2891a of this title - ``(2)(A) Before making any decision with respect to an appeal or a -request under the process established under paragraph (1) with respect -to a housing unit, the commander shall certify that the commander has -solicited recommendations or information relating to such appeal or -request from the following: - ``(i) The chief of the housing management office of the - installation. - ``(ii) A representative of the landlord for the housing - unit. - ``(iii) The tenant filing the appeal or request. - ``(iv) A qualified judge advocate of the military - department concerned. - ``(v) The civil engineer for the installation. - ``(3)(A) The commander shall make a decision with respect to an -appeal or a request under the process established under paragraph (1) -not later than 30 days after the appeal or request has been made. - ``(B) A commander may take longer than the 30-day period set forth -under subparagraph (A) to make a decision described in such -subparagraph in limited circumstances as determined by the Secretary of -Defense, but in no case shall such a decision be made more than 60 days -after the appeal or request has been made. - ``(4) Decisions by a commander under this subsection shall be +a database of complaints made regarding housing units. + ``(b) Public Availability.--The database shall be available to the +public. + ``(c) Inclusion of Tenant Complaints.--The Secretary of Defense +shall permit a tenant of a housing unit to file a complaint regarding +the housing unit for inclusion in the database. + ``(d) Inclusion of Certain Information.--(1) Information accessible +in the database regarding a complaint shall include the following: + ``(A) The name of the installation for which the housing unit + is provided. + ``(B) The name of the landlord responsible for the housing + unit. + ``(C) A description of the nature of the complaint. + ``(2) The Secretary of Defense may not disclose personally +identifiable information through the database. + ``(e) Response by Landlords.--(1) The Secretary of Defense shall +include in any contract with a landlord responsible for a housing unit +a requirement that the landlord respond in a timely manner to any +complaints included in the database that relate to the housing unit. + ``(2) The Secretary shall include landlord responses in the +database.''. + (c) Audits of Financial Viability of Privatized Military Housing +Partnerships.-- + (1) Audits required.--The Comptroller General of the United + States, in accordance with best audit practices, shall conduct an + audit of the financial viability of each partnership for the + provision of privatized military housing that the Comptroller + General determines were impacted by extreme weather events or other + natural disasters occurring during the 36-month period immediately + preceding the date of the enactment of this Act. + (2) Required information.--The audit under paragraph (1) shall + assess the following: + (A) The appropriateness of existing insurance caps + contained in contracts for privatized military housing. + (B) The structure of the cashflow waterfall, including the + impact of expenses relating to disaster recovery. + (3) Submission to congress.--Not later than February 1, 2021, + the Comptroller General shall submit to the Secretary of Defense + and the Committees on Armed Services of the Senate and the House of + Representatives a report containing the results of the audit + conducted under paragraph (1). + (d) Additional Information in Congressional Reports on Privatized +Military Housing.--Section 2884(c) of title 10, United States Code, is +amended by adding at the end the following new paragraphs: + ``(7) An assessment of the condition of housing units based on + the average age of those units and the estimated time until + recapitalization. + ``(8) An assessment of tenant complaints. + ``(9) An assessment of maintenance response times and + completion of maintenance requests. + ``(10) An assessment of the dispute resolution process, which + shall include a specific analysis of each denied tenant request to + withhold rent payments and each instance in which the dispute + resolution process resulted in a favorable outcome for the + landlord. + ``(11) An assessment of overall customer service for tenants. + ``(12) A description of the results of any no-notice housing + inspections conducted. + ``(13) The results of any resident surveys conducted. + ``(14) With regard to issues of lead-based paint in housing + units, a summary of data relating to the presence of lead-based + paint in such housing units, including the following by military + department: + ``(A) The total number of housing units containing lead- + based paint. + ``(B) A description of the reasons for the failure to + inspect any housing unit that contains lead-based paint. + ``(C) A description of all abatement or mitigation efforts + completed or underway in housing units containing lead-based + paint. + ``(D) A certification as to whether military housing under + the jurisdiction of the Secretary concerned complies with + requirements relating to lead-based paint, lead-based paint + activities, and lead-based paint hazards, as described in + section 408 of the Toxic Substances Control Act (15 U.S.C. + 2688).''. +SEC. 3017. MAINTENANCE WORK ORDER SYSTEM FOR PRIVATIZED MILITARY +HOUSING. + Subchapter V of chapter 169 of title 10, United States Code, as +added by section 3011, is amended by inserting after section 2891c of +such title, as added by section 3016(a), the following new section: +``Sec. 2892. Maintenance work order system for housing units + ``(a) Electronic Work Order System Required.--The Secretary of +Defense shall require that each landlord of a housing unit have an +electronic work order system to track all maintenance requests relating +to the housing unit. + ``(b) Access by Department Personnel.--The Secretary of Defense +shall require each landlord of a housing unit to provide access to the +maintenance work order system of the landlord relating to the housing +unit to the following persons: + ``(1) Personnel of the housing management office at the + installation for which the housing unit is provided. + ``(2) Personnel of the installation and engineer command or + center of the military department concerned. + ``(3) Such other personnel of the Department of Defense as the + Secretary determines necessary.''. +SEC. 3018. ACCESS BY TENANTS OF PRIVATIZED MILITARY HOUSING TO +MAINTENANCE WORK ORDER SYSTEM. + Section 2892 of title 10, United States Code, as added by section +3017, is amended by adding at the end the following new subsection: + ``(c) Access by Tenants.--The Secretary of Defense shall require +each landlord of a housing unit to provide access to the maintenance +work order system of the landlord relating to the housing unit to the +tenant of the housing unit to permit the tenant, at a minimum, to track +the status and progress of work orders for maintenance requests +relating to the housing unit.''. +SEC. 3019. ACCESS BY TENANTS TO HISTORICAL MAINTENANCE INFORMATION FOR +PRIVATIZED MILITARY HOUSING. + Subchapter V of chapter 169 of title 10, United States Code, as +added by section 3011, is amended by inserting after section 2892, as +added by section 3017 and amended by section 3018, the following new +section: +``Sec. 2892a. Access by tenants to historical maintenance information + ``The Secretary concerned shall require each eligible entity or +subsequent landlord that offers for lease a housing unit to provide to +a prospective tenant of the housing unit, before the prospective tenant +moves into the housing unit as a tenant, all information regarding +maintenance conducted with respect to that housing unit for the +previous seven years. In this section, the term `maintenance' includes +any renovations of the housing unit during such period.''. +SEC. 3020. PROHIBITION ON REQUIREMENT TO DISCLOSE PERSONALLY +IDENTIFIABLE INFORMATION IN CERTAIN REQUESTS FOR MAINTENANCE OF +PRIVATIZED MILITARY HOUSING. + (a) In General.--Subchapter V of chapter 169 of title 10, United +States Code, as added by section 3011, is amended by inserting after +section 2892a of such title, as added by section 3019, the following +new section: +``Sec. 2892b. Prohibition on requirement to disclose personally + identifiable information in requests for certain maintenance + ``A landlord responsible for a housing unit may not require the +disclosure of personally identifiable information as a part of the +submission of a request for maintenance regarding a housing unit or +common area when the disclosure of personally identifiable information +is not needed to identify the location at which such maintenance will +be performed.''. + (b) Effective Date.--The prohibition in section 2892b of title 10, +United States Code, as added by subsection (a), shall take effect on +the date that is one year after the date of the enactment of this Act. +SEC. 3021. TREATMENT OF INCENTIVE FEES FOR LANDLORDS OF PRIVATIZED +MILITARY HOUSING FOR FAILURE TO REMEDY A HEALTH OR ENVIRONMENTAL +HAZARD. + Subchapter V of chapter 169 of title 10, United States Code, as +added by section 3011, is amended by inserting after section 2892b of +such title, as added by section 3020, the following new section: +``Sec. 2893. Treatment of incentive fees for landlords of housing units + for failure to remedy health or environmental hazards + ``The Secretary concerned shall not approve the payment of +incentive fees otherwise authorized to be paid to a landlord that the +Secretary determines has demonstrated a propensity for failing to +remedy, or failing to remedy in a timely manner, a health or +environmental hazard at a housing unit provided by the landlord.''. +SEC. 3022. DISPUTE RESOLUTION PROCESS FOR LANDLORD-TENANT DISPUTES +REGARDING PRIVATIZED MILITARY HOUSING AND REQUESTS TO WITHHOLD PAYMENTS +DURING DISPUTE RESOLUTION PROCESS. + (a) In General.--Subchapter V of chapter 169 of title 10, United +States Code, as added by section 3011, is amended by inserting after +section 2893 of such title, as added by section 3021, the following new +section: +``Sec. 2894. Landlord-tenant dispute resolution process and treatment + of certain payments during process + ``(a) Process Required; Purpose.--The Secretary concerned shall +implement a standardized formal dispute resolution process to ensure +the prompt and fair resolution of disputes that arise between landlords +providing housing units and tenants residing in housing units +concerning maintenance and repairs, damage claims, rental payments, +move-out charges, and such other issues relating to housing units as +the Secretary determines appropriate. + ``(b) Process Elements.--(1) The dispute resolution process shall +include the process by which a tenant may request that certain payments +otherwise authorized to be paid to a landlord are withheld, as provided +in subsection (e). + ``(2) The process shall designate the installation or regional +commander in charge of oversight of housing units as the deciding +authority under the dispute resolution process. + ``(3) The Secretary concerned shall establish a standardized +mechanism and forms by which a tenant of a housing unit may submit, +through online or other means, a request for resolution of a landlord- +tenant dispute through the dispute resolution process. + ``(4) The Secretary shall ensure that, in preparing a request +described in paragraph (3), a tenant has access to advice and +assistance from a military housing advocate employed by the military +department concerned or a military legal assistance attorney under +section 1044 of this title. + ``(5) The Secretary concerned shall minimize costs to tenants for +participation in the dispute resolution process. + ``(c) Resolution Process.--(1) Not later than 24 hours after +receiving a request from a tenant for resolution of a landlord-tenant +dispute through the dispute resolution process, the Secretary concerned +shall-- + ``(A) notify the tenant that the request has been received; + ``(B) transmit a copy of the request to the installation or + regional commander (as the case may be), housing management office + responsible for the housing unit, and the landlord of the housing + unit; and + ``(C) if the request includes a request to withhold payments + under subsection (e),initiate the process under such subsection. + ``(2) For purposes of conducting an assessment necessary to render +a decision under the dispute resolution process, both the landlord and +representatives of the installation housing management office may +access the housing unit at a time and for a duration mutually agreed +upon amongst the parties. + ``(3) Not later than seven days after the date on which the request +was received by the installation housing management office shall +complete an investigation that includes a physical inspection and +transmit the results of the investigation to the installation or +regional commander (as the case may be). + ``(4) Before making any decision with respect to a dispute under +the dispute resolution process, the commander shall certify that the +commander has solicited recommendations or information relating to the +dispute from the following persons: + ``(A) The chief of the installation housing management office. + ``(B) A representative of the landlord for the housing unit. + ``(C) The tenant submitting the request for dispute resolution. + ``(D) A qualified judge advocate or civilian attorney who is a + Federal employee. + ``(E) If the dispute involves maintenance or another + facilities-related matter, a civil engineer. + ``(5)(A) The commander shall make a decision with respect to a +request under the dispute resolution process not later than 30 days +after the request was submitted. + ``(B) The commander may take longer than such 30-day period in +limited circumstances as determined by the Secretary of Defense, but in +no case shall such a decision be made more than 60 days after the +request was submitted. + ``(6) A final decision will be transmitted to the tenant and +landlord no later than 30 days from initial receipt by the office of +the commander, except as provided in paragraph (5)(B). + ``(7) The decision shall include instructions for distribution of +any funds that were withheld under subsection (e) and such instructions +for the landlord for further remediation as the commander considers +necessary. + ``(8) The decision by the commander under this subsection shall be final. - ``(e) Rule of Construction on Use of Other Adjudicative Bodies.-- -Nothing in this section or any other provision of law shall be -construed to prohibit a tenant of a housing unit under this subchapter -from pursuing a claim against a landlord in any adjudicative body with -jurisdiction over the housing unit or the claim. -``Sec. 2891a. Request to withhold payments - ``(a) In General.--A member of the armed forces or family member of -a member of the armed forces who is a tenant of a housing unit under -this subchapter may submit to the commander of the installation of the -Department of Defense at which the member is stationed a request to -withhold all or part of any basic allowance for housing payable to the -member (including for any dependents of the member in the member's -household) under section 403 of title 37, or all or part of any pay of -a tenant subject to allotment as described in section 2882(c) of this -title, for lease of the unit during the period in which-- - ``(1) the landlord responsible for such housing unit has - not met maintenance guidelines and procedures established by - the landlord or the Department of Defense, either through - contract or otherwise; or - ``(2) such housing unit is uninhabitable according to State - and local law for the jurisdiction in which the housing unit is - located. - ``(b) Procedures.--(1) Upon the filing of a request by a tenant -under subsection (a)-- - ``(A) under such procedures as the Secretary of Defense - shall establish, the Defense Finance and Accounting Service - (DFAS) or such other appropriate office or offices of the - Department of Defense as the Secretary shall specify for - purposes of such procedures, shall tentatively grant the - request and hold any amounts withheld in escrow with notice to - the landlord; and - ``(B) the housing management office of the installation in - which the housing unit is located shall, not later than 15 days - after the date on which the request was submitted to the - commander of the installation, complete an investigation that - includes an inspection conducted by housing inspectors that are - certified at the State and local level. - ``(2) If the commander agrees with a request by a tenant under -subsection (a) with respect to a housing unit, the housing management -office shall notify the landlord responsible for such unit of the -issues described in subsection (a) that require remediation in -accordance with the requirements of the Department of Defense or State -or local law. - ``(c) Remediation.--In accordance with procedures established under -subsection (b)(1)(A) for the withholding of any basic allowance for -housing or other allotment pay under this section, if the landlord -responsible for the housing unit does not remediate the issues -described in subsection (a) within a reasonable period of time -established by the commander of the installation for the remediation of -the issues, the amount payable to the landlord for such unit shall be -reduced by 10 percent for each period of five days during which the -issues are not remediated. - ``(d) Disclosure of Rights.--(1) Each housing management office of -an installation of the Department of Defense shall disclose in writing -to each new tenant of a housing unit under this subchapter, upon the -signing of the lease for the housing unit, their rights with respect to -the housing unit and the procedures under this section for submitting a -request to the landlord responsible for the housing unit. + ``(d) Effect of Failure to Comply With Decision.--If the landlord +responsible for the housing unit does not remediate the issues in a +manner consistent with the instructions contained in the decision +rendered under subsection (c) and within a reasonable period of time, +as provided in the decision, any amounts payable to the landlord for +the housing unit shall be reduced by 10 percent for each period of five +days during which the issues remain unremediated. + ``(e) Request to Withhold Payments During Resolution Process.--(1) +As part of the submission of a request for resolution of a landlord- +tenant dispute through the dispute resolution process, the tenant may +request that all or part of the payments described in paragraph (2) for +lease of the housing unit be withheld from the landlord of the housing +unit during the period in which-- + ``(A) the landlord has not met maintenance guidelines and + procedures established by the Department of Defense, either through + contract or otherwise; or + ``(B) the housing unit is uninhabitable according to State and + local law for the jurisdiction in which the housing unit is + located. + ``(2) Paragraph (1) applies to the following: + ``(A) Any basic allowance for housing payable to the tenant + (including for any dependents of the tenant in the tenant's + household) under section 403 of title 37. + ``(B) All or part of any pay of a tenant subject to allotment + as described in section 2882(c) of this title. + ``(3) Upon the submission of a request by a tenant under this +subsection and under such procedures as the Secretary of Defense shall +establish, the Defense Finance and Accounting Service or such other +appropriate office of the Department of Defense as the Secretary shall +specify for purposes of such procedures, shall tentatively grant the +request and hold any amounts withheld in escrow with notice to the +landlord until the conclusion of the dispute resolution process. + ``(f) Disclosure of Rights.--(1) Each housing management office of +the Department of Defense shall disclose in writing to each new tenant +of a housing unit, upon the signing of the lease for the housing unit, +the tenant's rights under this section and the procedures under this +section for submitting a request for resolution of a landlord-tenant +dispute through the dispute resolution process, including the ability +to submit a request to withhold payments during the resolution process. ``(2) The Secretary of Defense shall ensure that each lease entered -into with a tenant for a housing unit under this subchapter clearly -expresses in a separate addendum the procedures under this section for -submitting a request to the landlord responsible for the housing -unit.''. - (2) Clerical amendment.--The table of sections at the - beginning of such subchapter is amended by adding at the end - the following new items: - -``2891. Landlord-tenant dispute resolution process. -``2891a. Request to withhold payments.''. +into with a tenant for a housing unit clearly expresses, in a separate +addendum, the dispute resolution procedures. + ``(g) Rule of Construction on Use of Other Adjudicative Bodies.-- +Nothing in this section or any other provision of law shall be +construed to prohibit a tenant of a housing unit from pursuing a claim +against a landlord in any adjudicative body with jurisdiction over the +housing unit or the claim.''. (b) Modification of Definition of Military Legal Assistance.-- -Section 1044(d)(3)(B) of such title is amended by striking ``and -1565b(a)(1)(A)'' and inserting ``1565b(a)(1)(A), and 2891(c)(3)''. +Section 1044(d)(3)(B) of title 10, United States Code, is amended by +striking ``and 1565b(a)(1)(A)'' and inserting ``1565b(a)(1)(A), and +2894(b)(4)''. (c) Timing of Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall -establish the dispute resolution process required under section 2891 of +establish the dispute resolution process required under section 2894 of title 10, United States Code, as added by subsection (a). - (d) Agreement by Landlords.-- - (1) In general.--Not later than February 1, 2020, the - Secretary of Defense shall seek agreement from all landlords to - participate in the dispute resolution process required under - section 2891 of such title. - (2) Submittal of list to congress.--Not later than March 1, - 2020, the Secretary shall submit to the congressional defense - committees a list of all landlords who did not agree under - paragraph (1) to participate in the dispute resolution process - under section 2891 of such title. - (3) Consideration of lack of agreement in future - contracts.--The Secretary shall include any lack of agreement - under paragraph (1) as past performance considered under - section 2888 of such title with respect to entering into or - renewing any future contracts. - -SEC. 3032. SUSPENSION OF RESIDENT ENERGY CONSERVATION PROGRAM. - - (a) In General.--The Secretary of Defense shall suspend the -initiative of the Department of Defense known as the ``Resident Energy -Conservation Program'' and instruct the Secretary of each military -department to suspend any program carried out by such Secretary that -measures the energy usage for each military housing unit on an -installation of the Department of Defense. - (b) Term of Suspension.--The suspension under subsection (a) shall -remain in effect until the Secretary of Defense certifies to the -congressional defense committees that-- - (1) 100 percent of military housing on an installation of - the Department of Defense is individually metered; and - (2) energy audits conducted by an independent entity, or - entities, confirm that such housing is individually metered. - (c) Termination.--If the Secretary of Defense is unable to make the -certification under subsection (b), each program described in -subsection (a) shall be terminated on the date that is two years after -the date of the enactment this Act. - -SEC. 3033. ACCESS BY TENANTS TO HISTORICAL MAINTENANCE INFORMATION FOR - PRIVATIZED MILITARY HOUSING. - - (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by adding at the end the following new section: -``Sec. 2892. Access by tenants to historical maintenance information - ``The Secretary shall require each landlord that provides housing -under this subchapter at an installation of the Department of Defense -to provide a prospective tenant of such housing, before the tenant -moves in, all information regarding maintenance conducted with respect -to that housing unit for the previous 10 years.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2891 the following new item: - -``2892. Access by tenants to historical maintenance information.''. - -SEC. 3034. PROHIBITION ON USE OF CALL CENTERS OUTSIDE THE UNITED STATES - FOR MAINTENANCE CALLS BY TENANTS OF PRIVATIZED MILITARY - HOUSING. - - (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by inserting after section 2886 the following -new section: -``Sec. 2886a. Prohibiting use of call centers outside the United States - for tenant maintenance calls - ``A landlord responsible for a housing unit under this subchapter -may not use a call center outside the United States for any call from a -tenant relating to maintenance with respect to the housing unit.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2886 the following new item: - -``2886a. Prohibiting use of call centers outside the United States for - tenant maintenance calls.''. - (c) Effective Date.--The amendments made by this section shall take -effect on the date that is one year after the date of the enactment of -this Act. - -SEC. 3035. RADON TESTING FOR PRIVATIZED MILITARY HOUSING. - - (a) Report.--Not later than March 1, 2020, the Secretary of Defense -shall submit to the congressional defense committees a report -identifying the installations of the Department of Defense that have -privatized military housing that should be monitored for radon. - (b) Initial Testing.-- - (1) Procedures.--The Secretary shall establish testing - procedures for all privatized military housing at installations - identified under subsection (a), whether through regular - testing of such housing or the installation of monitoring - equipment, to ensure radon levels are below recommended levels - established by the Environmental Protection Agency. - (2) Completion of testing.--Not later than June 1, 2020, - the Secretary shall complete testing described in paragraph (1) - for all privatized military housing identified under subsection - (a). - (c) Notification Regarding Mitigation Device.--In the event that a -privatized military housing unit is determined under testing under -subsection (b)(2) to need a radon mitigation device, the Secretary -shall notify the landlord of such unit not later than seven days after -such determination. - (d) Annual Testing.--Not less frequently than annually, the -Secretary of each military department shall certify to the -congressional defense committees that radon testing is being conducted -for privatized military housing at installations identified under -subsection (a) under the jurisdiction of the Secretary concerned, -whether through regular testing of such housing or the installation of -monitoring equipment. - -SEC. 3036. EXPANSION OF WINDOWS COVERED BY REQUIREMENT TO USE WINDOW - FALL PREVENTION DEVICES IN PRIVATIZED MILITARY HOUSING. - - Section 2879(c) of title 10, United States Code, is amended by -striking ``24 inches'' and inserting ``42 inches''. - -SEC. 3037. REQUIREMENTS RELATING TO MOVE OUT AND MAINTENANCE WITH - RESPECT TO PRIVATIZED MILITARY HOUSING. - - Not later than 30 days after the date of the enactment of this Act, -the Secretary of Defense, in consultation with the Secretary of each -military department, shall-- - (1) develop a uniform move-out checklist for tenants of - privatized military housing throughout the Department of - Defense to assist the oversight of such housing by the housing - management office of the installation at which such housing is - located; - (2) develop a uniform checklist throughout the Department - for the validation by the housing management office of the - completion of all maintenance work related to health and safety - issues at privatized military housing; and - (3) require that all maintenance issues and work orders - related to health and safety issues at privatized military - housing be reported to the commander of the installation at - which the housing is located. - - Subtitle C--Long-Term Quality Assurance - -SEC. 3041. DEVELOPMENT OF STANDARDIZED DOCUMENTATION, TEMPLATES, AND - FORMS FOR PRIVATIZED MILITARY HOUSING. - - (a) In General.--The Secretary of Defense, in coordination with the -Secretary of each military department, shall develop throughout the -Department of Defense standardized documentation, templates, and forms -for privatized military housing. - (b) Initial Guidance.--Not later than 30 days after the date of the -enactment of this Act, the Secretary of Defense shall issue guidance to -develop the following: - (1) Policies and standard operating procedures of the - Department for privatized military housing. - (2) A universal lease agreement for privatized military - housing that includes-- - (A) the Tenant Bill of Rights under section 2887 of - title 10, United States Code; and - (B) any addendum required by the law of the State - in which the housing unit is located. - (3) A standardized operating agreement for landlords. - (c) Military Department Plans.--Not later than February 1, 2020, -the Secretary of each military department shall submit to the -congressional defense committees a plan for the implementation of this -section by that military department. - -SEC. 3042. COUNCIL ON PRIVATIZED MILITARY HOUSING. - - (a) In General.--The Assistant Secretary concerned shall establish -a council (in this section referred to as the ``Council'') to identify -and resolve problems with privatized military housing at installations -of the Department of Defense under the jurisdiction of the Assistant -Secretary concerned. - (b) Members.-- - (1) In general.--Each Council shall be comprised of the - Assistant Secretary concerned and the following members - selected by the Assistant Secretary concerned: - (A) Not fewer than two civil engineers employed at - an installation under the jurisdiction of the Assistant - Secretary concerned. - (B) Not fewer than two chiefs of a housing - management office at such an installation. - (C) Not fewer than two commanders of such an - installation. - (2) Limitation.--In each Council, not more than two members - may be from the same installation. - (3) Terms.-- - (A) Two years.--The term for a member of the - Council, other than the Assistant Secretary concerned, - shall be two years. - (B) Limitation on terms.--A member of the Council, - other than the Assistant Secretary concerned, may serve - not more than two terms. - (c) Duties.--Each Council shall review, at a minimum, the -following: - (1) Systemic concerns from tenants relating to privatized - military housing under the jurisdiction of the Assistant - Secretary concerned. - (2) Best practices for housing management offices at - installations under the jurisdiction of the Assistant Secretary - concerned. - (3) Best practices for handling installation-wide - maintenance issues. - (d) Meetings.--Each Council shall meet not less frequently than -quarterly. - (e) Report.--Not later than 60 days after the first meeting of the -Council, and not later than October 1 of each year thereafter, the -Council shall submit to the Secretary of Defense a report on the -findings of the Council during the period covered by the report. - (f) Assistant Secretary Concerned.--The term ``Assistant Secretary -concerned'' means-- - (1) with respect to the Army, the Assistant Secretary of - the Army for Energy, Installations, and Environment; - (2) with respect to the Navy, the Marine Corps, and the - Coast Guard when it is operating as a service in the Department - of the Navy, the Assistant Secretary of the Navy for Energy, - Installations, and Environment; and - (3) with respect to the Air Force, the Assistant Secretary - of the Air Force for Energy, Installations, and Environment. - -SEC. 3043. REQUIREMENTS RELATING TO MANAGEMENT OF PRIVATIZED MILITARY - HOUSING. - - (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by inserting after section 2872b following new -section: -``Sec. 2872c. Requirements relating to management of housing - ``(a) In General.--The Secretary of Defense shall ensure that the -operating agreement for each installation of the Department of Defense -at which on-base housing is managed by a landlord under this subchapter -includes the requirements set forth in this section relating to such -housing. - ``(b) Requirements for Installation Commanders.--The commander of -each installation described in subsection (a) shall do the following: - ``(1) On an annual basis, review and approve the mold - mitigation plan and pest control plan of each landlord at such - installation. - ``(2) Use the assigned bio-environmental personnel or - contractor equivalent at such installation to test for mold, - unsafe water conditions, and other health and safety conditions - if requested by the head of the housing management office of - such installation. - ``(c) Requirements for Housing Management Office.--The head of the -housing management office of each installation described in subsection -(a) shall, with respect to housing units under this subchapter, do the -following: - ``(1) Conduct physical inspections and approve the - habitability of each vacant housing unit before the landlord - offers the unit available for occupancy. - ``(2) Conduct physical inspections upon tenant move out and - receive copies of any move out charges that a landlord seeks to - collect from an outgoing tenant. - ``(3) Establish contact with a tenant regarding the - satisfaction of the tenant with the housing unit not later - than-- - ``(A) 15 days after move-in; and - ``(B) 60 days after move-in. - ``(4) Maintain all test results relating to the health, - environmental, and safety condition of a housing unit and the - results of any official housing inspection for the life of the - contract relating to that housing unit. - ``(d) Requirements for Landlords.--The landlord of any housing unit -under this subchapter at an installation described in subsection (a) -shall do the following: - ``(1) Disclose to the Secretary of Defense bonus structures - for community managers and regional executives and bonus - structures relating to maintenance to minimize the impact of - those incentives on the operating budget of the installation. - ``(2) With respect to test results relating to the health - and safety condition of the housing unit-- - ``(A) not later than three days after receiving - those results, share those results with the tenant of - such unit and submit those results to the head of the - housing management office for the installation; and - ``(B) include with any environmental hazard test - results a simple guide explaining those results, - preferably citing standards set forth by the Federal - Government relating to environmental hazards. - ``(3) Conduct a walkthrough inspection before a prospective - tenant signs a lease-- - ``(A) with the prospective tenant; or - ``(B) if the prospective tenant is not able to be - present for the inspection, with an official of the - housing management office designated by the prospective - tenant to conduct the inspection on their behalf. - ``(4) In the event that the housing unit does not meet - minimum health, safety, and welfare standards set forth in - Federal, State, and local law after inspection under subsection - (c)(1), the landlord shall remediate any issues and make any - appropriate repairs prior to another inspection by the housing - management office under such subsection. - ``(5) Not conduct any promotional events to incentivize - tenants to fill out maintenance comment cards or satisfaction - surveys of any kind without the approval of the chief of the - housing management office. - ``(6) Not award an installation of the Department or an - officer or employee of the Department a `Partner of the Year' - award or similar award. - ``(7) Not have a tenant agree to any form of settlement, - nondisclosure, or release of liability without-- - ``(A) first notifying the tenant of their right to - assistance from the legal assistance office at the - installation; and - ``(B) not later than five days before agreeing to - any such settlement, nondisclosure, or release of - liability, providing a copy of such agreement to the - Assistant Secretary of Defense for Sustainment; - ``(8) Not change the position of a prospective tenant on a - waiting list for a housing unit or remove a prospective tenant - from the waiting list if the prospective tenant turns down an - offer for a housing unit determined unsatisfactory by the - prospective tenant and confirmed by the housing management - office and the commander of the installation. - ``(9) Allow, with permission of the tenant as appropriate, - employees of the housing management office and other officers - and employees of the Department to conduct physical inspections - of common grounds and individual quarters of the housing unit. - ``(10) Agree to a mechanism under which all or part of - basic allowance for housing payable to the tenant (including - for any dependents of the tenant in the tenant's household) - under section 403 of title 37, or all or part of any other - allotment of pay under section 2882(c) of this title can be - held in escrow until-- - ``(A) any dispute between the tenant and the - landlord is resolved; and - ``(B) the commander of the installation has - reviewed and decided such dispute. - ``(11) Ensure that the needs of enrollees in the - Exceptional Family Member Program, or any successor program, - are considered in assigning prospective tenants to housing - units. - ``(12) Keep any maintenance work order system up to date - with the latest software, functionality, and features. - ``(13) Have any agreements or forms to be used by the - landlord approved by the Assistant Secretary of Defense for - Sustainment, including the following: - ``(A) A common lease agreement. - ``(B) Any disclosure or nondisclosure forms that - could be given to a tenant. - ``(C) Any notices required to be provided to the - tenant under the Tenant Bill of Rights under section - 2887 of this title.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2872b the following new item: - -``2872c. Requirements relating to management of housing.''. - (c) Military Department Plans.--Not later than February 1, 2020, -the Secretary of each military department shall submit to the -congressional defense committees a plan for the implementation by that -military department of section 2872c of title 10, United States Code, -as added by subsection (a). - -SEC. 3044. REQUIREMENTS RELATING TO CONTRACTS FOR PRIVATIZED MILITARY - HOUSING. - - (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by inserting after section 2872c the following -new section: -``Sec. 2872d. Requirements relating to contracts for provision of - housing - ``(a) In General.--The Secretary of each military department shall -include in any contract for a term of more than 10 years with a -landlord for the provision of housing under this subchapter at an -installation under the jurisdiction of the Secretary concerned the -following: - ``(1) The Secretary concerned may renegotiate the contract - with the landlord not less frequently than once every five - years. - ``(2) The landlord shall prohibit any employee of the - landlord who commits work order fraud under the contract, as - determined by the Secretary concerned, from doing any work - under the contract. - ``(3) If the landlord fails to or is unable to remedy any - health or environmental hazard at a housing unit under the - contract, such failure or inability will be taken into - consideration in determining whether to pay or withhold all or - part of any incentive fees for which the landlord may be - eligible under the contract. - ``(4) If the landlord is found by the Secretary concerned - to have not maintained the minimum standards of habitability - for a housing unit under such contract, the landlord shall pay - all medical bills for a tenant of such housing unit that are - associated with the conditions of such housing unit that do not - meet such minimum standards. - ``(5) The landlord shall pay reasonable relocation costs - associated with the permanent relocation of a tenant from a - housing unit of the landlord to new housing due to health or - environmental hazards-- - ``(A) present in the housing unit being vacated - through no fault of the tenant; and - ``(B) confirmed by the housing management office of - the installation as making the unit uninhabitable. - ``(6) The landlord shall pay reasonable relocation costs - and actual costs of living, including per diem, associated with - the temporary relocation of a tenant to new housing due to - health or environmental hazards-- - ``(A) present in the housing unit being vacated - through no fault of the tenant; and - ``(B) confirmed by the housing management office of - the installation as making the unit uninhabitable. - ``(7) The landlord shall ensure that the maintenance work - order system of the landlord (hardware and software) is up to - date, including by -- - ``(A) providing a reliable mechanism through which - a tenant may submit work order requests through an - Internet portal and mobile application, which shall - incorporate the ability to upload photos, communicate - with maintenance personnel, and rate individual service - calls; - ``(B) allowing real-time access to such system by - officials of the Department at the installation, major - subordinate command, and service-wide levels; and - ``(C) allowing the work order or maintenance ticket - to be closed only once the tenant and the head of the - housing management office of the installation sign off. - ``(b) Payment of Actual Costs of Living.--The landlord shall pay -actual costs of living under subsection (a)(6) in connection with a -health or environmental hazard until such time as-- - ``(1)(A) the health or environmental hazard is remediated; - ``(B) the housing unit being vacated is determined to be - habitable by the tenant, the housing management office of the - installation, and chain of command; and - ``(C) the tenant resumes occupancy of the housing unit; or - ``(2) the tenant moves to a new housing unit.''. - (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2872c the following new item: - -``2872d. Requirements relating to contracts for provision of - housing.''. - (c) Effective Date.--Section 2872d of such title, as added by -subsection (a), shall apply to contracts entered into or renewed on and -after the date of the enactment of this Act. - -SEC. 3045. WITHHOLDING OF INCENTIVE FEES FOR LANDLORDS OF PRIVATIZED - MILITARY HOUSING FOR FAILURE TO REMEDY A HEALTH OR - ENVIRONMENTAL HAZARD. - + (d) Landlord Agreements.-- + (1) In general.--Not later than February 1, 2020, the Secretary + of Defense shall seek agreement from all landlords to participate + in the dispute resolution and payment-withholding processes + required under section 2894 of title 10, United States Code, as + added by subsection (a). + (2) Submittal of list to congress.--Not later than March 1, + 2020, the Secretary of Defense shall submit to the congressional + defense committees a list of any landlords that did not agree under + paragraph (1) to participate in the dispute resolution and payment- + withholding processes. + (3) Consideration of lack of agreement in future contracts.-- + The Secretary of Defense and the Secretaries of the military + departments shall include any lack of agreement under paragraph (1) + as past performance considered under section 2891b of title 10, + United States Code, as added by section 3015,with respect to + entering into or renewing any future contracts regarding privatized + military housing. +SEC. 3023. INVESTIGATION OF REPORTS OF REPRISALS RELATING TO PRIVATIZED +MILITARY HOUSING AND CONGRESSIONAL NOTIFICATION. + Section 2890 of title 10, United States Code, as added by section +3011, is amended by inserting after subsection (d) the following new +subsection: + ``(e) Investigation of Reports of Reprisals.--(1) The Assistant +Secretary of Defense for Sustainment shall investigate all reports of +reprisal against a member of the armed forces for reporting an issue +relating to a housing unit. + ``(2) If the Assistant Secretary of Defense for Sustainment +determines under paragraph (1) that landlord has retaliated against a +member of the armed forces for reporting an issue relating to a housing +unit, the Assistant Secretary shall-- + ``(A) provide initial notice to the Committees on Armed + Services of the Senate and the House of Representatives as soon as + practicable after making that determination; and + ``(B) following that initial notice, provide an update to such + committees every 30 days thereafter until such time as the + Assistant Secretary has taken final action with respect to the + retaliation. + ``(3) The Assistant Secretary of Defense for Sustainment shall +carry out this subsection in coordination with the Secretary of the +military department concerned.''. +SEC. 3024. PROHIBITION ON USE OF NONDISCLOSURE AGREEMENTS IN CONNECTION +WITH LEASES OF PRIVATIZED MILITARY HOUSING. + (a) Nondisclosure Agreements Prohibited.--Section 2890 of title 10, +United States Code, as added by section 3011, is amended by inserting +after subsection (e), as added by section 3023, the following new +subsection: + ``(f) Prohibition on Use of Nondisclosure Agreements.--(1) A tenant +or prospective tenant of a housing unit may not be required to sign a +nondisclosure agreement in connection with entering into, continuing, +or terminating a lease for the housing unit. Any such agreement against +the interests of the tenant is invalid. + ``(2) Paragraph (1) shall not apply to a nondisclosure agreement +executed as part of the settlement of litigation.''. + (b) Implementation.--The Secretary of Defense and the Secretaries +of the military departments shall promulgate such regulations as may be +necessary to give full force and effect to subsection (f) of section +2890 of title 10, United States Code, as added by subsection (a). + (c) Retroactive Application of Amendment.--Subsection (f) of +section 2890 of title 10, United States Code, as added by subsection +(a), shall apply with respect to any nondisclosure agreement covered by +the terms of such subsection (f) regardless of the date on which the +agreement was executed. + + Subtitle B--Other Amendatory Provisions + +SEC. 3031. INSTALLATION OF CARBON MONOXIDE DETECTORS IN MILITARY FAMILY +HOUSING. + Section 2821 of title 10, United States Code, is amended by adding +at the end the following new subsection: + ``(e) The Secretary concerned shall provide for the installation +and maintenance of an appropriate number of carbon monoxide detectors +in each unit of military family housing under the jurisdiction of the +Secretary.''. +SEC. 3032. AUTHORITY TO FURNISH CERTAIN SERVICES IN CONNECTION WITH USE +OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY +HOUSING. + Section 2872a(b) of title 10, United States Code, is amended by +adding at the end the following new paragraphs: + ``(13) Street sweeping. + ``(14) Tree trimming and removal.''. +SEC. 3033. TREATMENT OF BREACH OF CONTRACT FOR PRIVATIZED MILITARY +HOUSING. (a) In General.--Subchapter IV of chapter 169 of title 10, United -States Code, is amended by inserting after section 2874b the following +States Code, is amended by inserting after section 2872a the following new section: -``Sec. 2874c. Withholding of incentive fees for landlords - ``The Secretary of Defense shall withhold incentive fees paid to a -landlord for failure by the landlord to remedy a health or -environmental hazard at a housing unit under this subchapter, as -determined by the Secretary.''. +``Sec. 2872b. Treatment of breach of contract + ``(a) Response to Material Breach.--In the case of a material +breach of contract under this subchapter by a party to the contract, +the Secretary concerned shall use the authorities available to the +Secretary, including withholding amounts to be paid under the contract, +to encourage the party to cure the breach. + ``(b) Rescinding of Contract.--If a material breach of the contract +is not cured in a timely manner, as determined by the Secretary +concerned, the Secretary may-- + ``(1) rescind the contract pursuant to the terms of the + contract; and + ``(2) prohibit the offending party from entering into a new + contract or undertaking expansions of other existing contracts, or + both, with the Secretary under this subchapter.''. (b) Clerical Amendment.--The table of sections at the beginning of -such subchapter is amended by inserting after the item relating to -section 2874b the following new item: - -``2874c. Withholding of incentive fees for landlords.''. - -SEC. 3046. EXPANSION OF DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE - FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD - DEVELOPMENT CENTERS TO INCLUDE DIRECT HIRE AUTHORITY FOR - INSTALLATION MILITARY HOUSING OFFICE PERSONNEL. - +subchapter IV of chapter 169 of title 10, United States Code, is +amended by inserting after the item relating to section 2872a the +following new item: + +``2872b. Treatment of breach of contract.''. +SEC. 3034. MODIFICATION TO REQUIREMENTS FOR WINDOW FALL PREVENTION +DEVICES IN MILITARY FAMILY HOUSING UNITS. + (a) Fall Prevention Device Requirements.--Section 2879(a) of title +10, United States Code, is amended-- + (1) in paragraph (1), by striking ``that protect against + unintentional window falls by young children and that are in + compliance with applicable International Building Code (IBC) + standards'' and inserting ``described in paragraph (3)''; + (2) in paragraph (2)-- + (A) in subparagraph (A), by striking ``December 11, 2017'' + and inserting ``October 1, 2019''; and + (B) in subparagraph (B), by striking ``September 1, 2018'' + and inserting ``October 1, 2019''; and + (3) by adding at the end the following new paragraph: + ``(3) Fall prevention device described.--A fall prevention + device is a window screen or guard that complies with applicable + standards in ASTM standard F2090-13 (or any successor standard).''. + (b) Modification to Window Description.--Section 2879(c) of title +10, United States Code, is amended by striking ``24'' and inserting +``42''. + (c) Conforming Amendment.--Section 2879(b)(1) of title 10, United +States Code, is amended by striking ``paragraph (1)'' and inserting +``paragraph (3)''. +SEC. 3035. EXPANSION OF DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE +FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT +CENTERS TO INCLUDE DIRECT HIRE AUTHORITY FOR INSTALLATION MILITARY +HOUSING OFFICE PERSONNEL. (a) In General.--Section 559 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1406; 10 U.S.C. 1792 note) is amended-- - (1) in subsection (a)-- - (A) in the matter preceding paragraph (1), by - inserting ``, and individuals to fill vacancies in - installation military housing offices,'' after - ``childcare services providers''; - (B) in paragraph (1), by inserting ``or for - employees at installation military housing offices'' - before the semicolon; and - (C) in paragraph (2), by inserting ``or for - installation military housing office employees'' before - the period; - (2) by redesignating subsection (f) as subsection (g); and - (3) by inserting after subsection (e) the following new - subsection (f): + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by inserting ``, + and individuals to fill vacancies in installation military + housing offices,'' after ``childcare services providers''; + (B) in paragraph (1), by inserting ``or for employees at + installation military housing offices'' before the semicolon; + and + (C) in paragraph (2), by inserting ``or for installation + military housing office employees'' before the period; + (2) by redesignating subsection (f) as subsection (g); and + (3) by inserting after subsection (e) the following new + subsection (f): ``(f) Installation Military Housing Office Defined.--The term `installation military housing office' means any office whose primary function is performing day-to-day supervision of military housing covered by subchapter IV of chapter 169 of title 10, United States Code.''. (b) Heading and Technical Amendments.-- - (1) Heading amendment.--The heading of such section is - amended to read as follows: - -``SEC. 599. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR - CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD - DEVELOPMENT CENTERS AND INSTALLATION MILITARY HOUSING - OFFICES.''. - - (2) Technical amendment.--Subsection (d) of such section is - amended by striking ``Oversight and Government Reform'' and - inserting ``Oversight and Reform''. + (1) Heading amendment.--The heading of such section is amended + to read as follows: + ``SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR + CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT + CENTERS AND EMPLOYEES AT INSTALLATION MILITARY HOUSING + OFFICES.''. + (2) Technical amendment.--Subsection (d) of such section is + amended by striking ``Oversight and Government Reform'' and + inserting ``Oversight and Reform''. (c) Use of Existing Regulations.--The Secretary of Defense shall -use the authority in section 599 of the National Defense Authorization +use the authority in section 559 of the National Defense Authorization Act for Fiscal Year 2018 granted by the amendments made by this section in a manner consistent with the regulations prescribed for purposes of -such section 599 pursuant to subsection (b) of such section 599, +such section 559 pursuant to subsection (b) of such section 559, without the need to prescribe separate regulations for the use of such authority. - -SEC. 3047. PLAN ON ESTABLISHMENT OF DEPARTMENT OF DEFENSE JURISDICTION - OVER OFF-BASE PRIVATIZED MILITARY HOUSING. - - Not later than 30 days after the date of the enactment of this Act, -the Secretary of Defense, in consultation with the Secretary of each -military department, shall submit to the congressional defense -committees a plan to establish jurisdiction by the Department of -Defense, concurrently with local community law enforcement, at +SEC. 3036. MODIFICATION OF AUTHORITY TO MAKE PAYMENTS TO LESSORS OF +PRIVATIZED MILITARY HOUSING. + (a) Modification of Payment Authority.--Subsection (a) of section +606 of the John S. McCain National Defense Authorization Act for Fiscal +Year 2019 (Public Law 115-232; 132 Stat. 1795; 10 U.S.C. 2871 note) is +amended to read as follows: + ``(a) Use of Funds in Connection With MHPI.-- + ``(1) Payments to lessors generally.-- + ``(A) Payment authority.--Each month beginning with the + first month after the date of the enactment of the National + Defense Authorization Act for Fiscal Year 2020, each Secretary + of a military department shall use funds, in an amount + determined under subparagraph (B), to make payments to lessors + of covered housing in the manner provided by this subsection, + as in effect on the day before the date of the enactment of the + National Defense Authorization Act for Fiscal Year 2020. + ``(B) Calculation of monthly payments.--For purposes of + making payments under subparagraph (A) for a month, the + Secretary of the military department concerned shall determine + the amount equal to 2.5 percent of the aggregate of the amounts + calculated under section 403(b)(3)(A)(i) of title 37, United + States Code, for covered housing under the jurisdiction of the + Secretary for that month. + ``(2) Additional payments to lessors responsible for + underfunded projects.-- + ``(A) Payment authority.--Each month beginning with the + first month after the date of the enactment of the National + Defense Authorization Act for Fiscal Year 2020, each Secretary + of a military department shall use funds, in an amount + determined under subparagraph (B), to make additional payments + to certain lessors responsible for underfunded MHPI housing + projects identified pursuant to subparagraph (C) for the + purposes of future sustainment, recapitalization, and financial + sustainability of the projects. + ``(B) Calculation of monthly payments.--For purposes of + making payments under subparagraph (A) for a month, the + Secretary of the military department concerned shall determine + the amount equal to 2.5 percent of the aggregate of the amounts + calculated under section 403(b)(3)(A)(i) of title 37, United + States Code, for covered housing under the jurisdiction of the + Secretary for that month. + ``(C) Identification of underfunded projects.--The Chief + Housing Officer of the Department of Defense, in conjunction + with the Secretaries of the military departments, shall assess + MHPI housing projects for the purpose of identifying all MHPI + housing projects that are underfunded. Once identified, the + Chief Housing Officer shall prioritize for payments under + subparagraph (A) those MHPI housing projects most in need of + funding to rectify such underfunding. + ``(3) Alternative authority in event of lack of underfunded + projects.-- + ``(A) In general.--Subject to subparagraph (B), if the + Chief Housing Officer determines that no MHPI housing projects + for a military department require additional funding under + paragraph (2) for a month, the Secretary of the military + department concerned, in consultation with the Chief Housing + Officer, may allocate the funds otherwise available to the + Secretary under such paragraph for that month to support + improvements designed to enhance the quality of life of members + of the uniformed services and their families who reside in MHPI + housing. + ``(B) Conditions.--Before the Secretary of a military + department may allocate funds as authorized by subparagraph + (A), the Chief Housing Officer shall certify to the Committees + on Armed Services of the Senate and the House of + Representatives that there are no MHPI housing projects for the + military department require additional funding under paragraph + (2). The certification shall include sufficient details to show + why no projects are determined to need the additional funds. + ``(4) Briefing required.--Not later than March 1, 2020, and + each year thereafter, the Secretary of Defense shall provide a + briefing to the Committee on Armed Services of the Senate and the + House of Representatives detailing the expenditure of funds under + paragraphs (2) and (3), the MHPI housing projects receiving funds + under such paragraphs, and any other information the Secretary + considers relevant.''. + (b) Effective Date.--The amendment made by this section shall take +effect on the date of the enactment of this Act and shall apply with +respect to months beginning after that date. +SEC. 3037. TECHNICAL CORRECTION TO DEFINITION USED TO MAKE PAYMENTS TO +LESSORS OF PRIVATIZED MILITARY HOUSING. + Paragraph (3) of section 606(d) of the John S. McCain National +Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 +Stat. 1796; 10 U.S.C. 2871 note) is amended to read as follows: + ``(3) The term `MHPI housing' means housing procured, acquired, + constructed, or for which any phase or portion of a project + agreement was first finalized and signed, under the alternative + authority of subchapter IV of chapter 169 of title 10, United + States Code (known as the Military Housing Privatization + Initiative), on or before September 30, 2014.''. + + Subtitle C--One-Time Reporting Requirements + +SEC. 3041. REPORT ON CIVILIAN PERSONNEL SHORTAGES FOR APPROPRIATE +OVERSIGHT OF MANAGEMENT OF MILITARY HOUSING CONSTRUCTED OR ACQUIRED +USING ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY +HOUSING. + (a) Report.--Not later than six months after the date of the +enactment of this Act, the Secretary of Defense, in coordination with +the Secretaries of the military departments, shall submit to the +congressional defense committees a report containing the following: + (1) An evaluation of the extent to which shortages in the + number of civilian personnel performing oversight functions at + Department of Defense housing management offices or assigned to + housing-related functions at headquarters levels contribute to + problems regarding the management of privatized military housing. + (2) Recommendations to address such personnel shortages-- + (A) to eliminate problems regarding the management of + privatized military housing; + (B) to ensure oversight of the partner's execution of the + housing agreement and the delivery of all requirements in + accordance with implementing guidance provided by the + Secretaries of the military departments; + (C) to improve oversight of and expedite the work-order + process; and + (D) to facilitate a positive experience for members of the + Armed Forces and their dependents who reside in privatized + military housing. + (b) Personnel Recommendations.--As part of the recommendations +required by subsection (a)(2), the Secretary of Defense shall identify +the following: + (1) The number of additional personnel who are required, the + installation and headquarter locations at which they will be + employed, the employment positions they will fill, and the duties + they will perform, including a breakdown of duty requirements by + function, such as oversight, home inspectors, and maintenance. + (2) The number of such additional personnel already hired as of + the date on which the report is submitted and their duty locations + and the timeline for employing the remaining required personnel + identified under paragraph (1). + (3) The estimated cost of employing the additional required + personnel identified under paragraph (1). +SEC. 3042. PLANS FOR CREATION OF COUNCILS ON PRIVATIZED MILITARY +HOUSING. + (a) Plans Required.--Not later than February 1, 2020, the Assistant +Secretary of each military department shall submit to the congressional +defense committees a plan for the creation within the military +department concerned of a council on privatized military housing for +the purposes of maintaining adequate oversight of the military housing +program and serving as a mechanism to identify and resolve problems +regarding privatized military housing. + (b) Plan Elements.--The plan for a military department shall +include-- + (1) an implementation schedule for the creation the council on + privatized military housing; + (2) proposed members of the council, which shall include, at a + minimum, the Assistant Secretary concerned and a representative + from the installation housing offices and the civil engineering + community; and + (3) the planned frequency of council meetings. +SEC. 3043. PLAN FOR ESTABLISHMENT OF DEPARTMENT OF DEFENSE JURISDICTION +OVER OFF-BASE PRIVATIZED MILITARY HOUSING. + (a) Plan Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +congressional defense committees a plan to establish jurisdiction by +the Department of Defense for law enforcement and other specified +purposes, concurrently with local community law enforcement, at locations with privatized military housing that is not located on an installation of the Department of Defense. - - Subtitle D--Other Housing Matters - -SEC. 3051. LEAD-BASED PAINT TESTING AND REPORTING. - - (a) Establishment of Department of Defense Policy on Lead Testing -on Military Installations.-- - (1) In general.--Not later than February 1, 2020, the - Secretary of Defense shall establish a policy under which-- - (A) a qualified individual may access a military - installation for the purpose of conducting lead testing - on the installation, subject to the approval of the - Secretary; and - (B) the results of any lead testing conducted on a - military installation shall be transmitted-- - (i) in the case of a military installation - located inside the United States, to-- - (I) the civil engineer of the - installation; - (II) the housing management office - of the installation; - (III) the major subordinate command - of the Armed Force with jurisdiction - over the installation; and - (IV) if required by law, any - relevant Federal, State, and local - agencies; and - (ii) in the case of a military installation - located outside the United States, to the civil - engineer or commander of the installation who - shall transmit those results to the major - subordinate command of the Armed Force with - jurisdiction over the installation. - (2) Definitions.--In this subsection: - (A) United states.--The term ``United States'' has - the meaning given such term in section 101(a)(1) of - title 10, United States Code. - (B) Qualified individual.--The term ``qualified - individual'' means an individual who is certified by - the Environmental Protection Agency or by a State as-- - (i) a lead-based paint inspector; or - (ii) a lead-based paint risk assessor. - (b) Annual Reporting on Lead-based Paint in Military Housing.-- - (1) In general.--Subchapter III of chapter 169 of title 10, - United States Code, is amended by adding at the end the - following new section: -``Sec. 2869a. Annual reporting on lead-based paint in military housing - ``(a) Annual Reports.-- - ``(1) In general.--Not later than February 1 of each year, - the Secretary of Defense shall submit to the congressional - defense committees a report that sets forth, with respect to - military housing under the jurisdiction of each Secretary of a - military department for the calendar year preceding the year in - which the report is submitted, the following: - ``(A) A certification that indicates whether the - military housing under the jurisdiction of the - Secretary concerned is in compliance with the - requirements respecting lead-based paint, lead-based - paint activities, and lead-based paint hazards - described in section 408 of the Toxic Substances - Control Act (15 U.S.C. 2688). - ``(B) A detailed summary of the data, disaggregated - by military department, used in making the - certification under subparagraph (A). - ``(C) The total number of military housing units - under the jurisdiction of the Secretary concerned that - were inspected for lead-based paint in accordance with - the requirements described in subparagraph (A). - ``(D) The total number of military housing units - under the jurisdiction of the Secretary concerned that - were not inspected for lead-based paint. - ``(E) The total number of military housing units - that were found to contain lead-based paint in the - course of the inspections described in subparagraph - (C). - ``(F) A description of any abatement efforts with - respect to lead-based paint conducted regarding the - military housing units described in subparagraph (E). - ``(2) Publication.--The Secretary of Defense shall publish - each report submitted under paragraph (1) on a publicly - available website of the Department of Defense. - ``(b) Military Housing Defined.--In this section, the term -`military housing' includes military family housing and military -unaccompanied housing (as such term is defined in section 2871 of this -title).''. - (2) Clerical amendment.--The table of sections at the - beginning of such subchapter is amended by adding at the end - the following new item: - -``2869a. Annual reporting on lead-based paint in military housing.''. - -SEC. 3052. SATISFACTION SURVEY FOR TENANTS OF MILITARY HOUSING. - - (a) In General.--Not later than March 1, 2020, the Secretary of -Defense shall require that each installation of the Department of -Defense use the same satisfaction survey for tenants of military -housing, which shall be an electronic survey with embedded privacy and -security mechanisms. - (b) Privacy and Security Mechanisms.--The privacy and security -mechanisms used under subsection (a)-- - (1) may include a code unique to the tenant to be surveyed - that is sent to the cell phone number of the tenant and - required to be entered to access the survey; and - (2) in the case of housing under subchapter IV of chapter - 169 of title 10, United States Code, shall ensure that the - survey is not shared with the landlord of the housing unit - until the survey is reviewed and the results are tallied by an - employee of the Department of Defense. - -SEC. 3053. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS OF THE - ARMED FORCES HARMED BY HEALTH OR ENVIRONMENTAL HAZARDS AT - MILITARY HOUSING. - + (b) Consultation.--The Secretary of Defense shall prepare the plan +in consultation with the Secretaries of the military departments. +SEC. 3044. INSPECTOR GENERAL REVIEW OF DEPARTMENT OF DEFENSE OVERSIGHT +OF PRIVATIZED MILITARY HOUSING. + Not later than one year after the date of the enactment of this +Act, and annually thereafter until 2022, the Inspector General of the +Department of Defense shall-- + (1) conduct, at not less than three military installations, a + review of the oversight by the Secretary of Defense of privatized + military housing at such installations; and + (2) make publicly available on a website of the Department a + summary of the results of the review. +SEC. 3045. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS OF THE +ARMED FORCES HARMED BY HEALTH OR ENVIRONMENTAL HAZARDS AT MILITARY +HOUSING. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the legal services that the Secretary @@ -21127,69 +40695,392 @@ department concerned shall make the information contained in the report submitted under subsection (a) available to members of the Armed Forces at all installations of the Department of Defense in the United States. -SEC. 3054. MITIGATION OF RISKS POSED BY CERTAIN ITEMS IN MILITARY - FAMILY HOUSING UNITS. - + Subtitle D--Development of Housing Reform Standards and Processes + +SEC. 3051. UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED MILITARY +HOUSING AND PLAN TO CONDUCT INSPECTIONS AND ASSESSMENTS. + (a) Uniform Code.--Not later than February 1, 2021, the Secretary +of Defense shall establish and implement a uniform code of basic +housing standards for safety, comfort, and habitability for privatized +military housing, which shall meet or exceed requirements informed by a +nationally recognized, consensus-based, model property maintenance +code. + (b) Inspection and Assessment Plan.--Not later than February 1, +2020, the Secretary of Defense shall submit to the congressional +defense committees a Department of Defense plan to contract with +qualified home inspectors to conduct a thorough inspection and +assessment of the structural integrity and habitability of each unit of +privatized military housing. The plan shall include the implementation +plan for the uniform code to be established under subsection (a). + (c) Implementation of Inspections and Assessments.-- + (1) Implementation.--Not later than February 1, 2021, the + Secretary of the military department concerned shall commence + conducting inspections and assessments of units of privatized + military housing pursuant to the plan submitted under subsection + (b) to identify issues and ensure compliance with applicable + housing codes, including the uniform code established under + subsection (a). + (2) Report.--Not later than March 1, 2021, the Secretary of + Defense shall submit to the congressional defense committees a + report on the findings of the inspections and assessments conducted + under paragraph (1). + (d) Qualified Home Inspectors Described.--For purposes of this +section, a qualified home inspector must possess the appropriate +credentials for the work the inspector will perform, as defined by the +respective State in which the work will be performed. A qualified home +inspector may not be an employee or in a fiduciary relationship with-- + (1) the Federal Government; or + (2) an individual or entity who owns or manages privatized + military housing. +SEC. 3052. TOOL FOR ASSESSMENT OF HAZARDS IN DEPARTMENT OF DEFENSE +HOUSING. + (a) Hazard Assessment Tool.-- + (1) Development required.--Not later than 180 days after the + date of the enactment of this Act, the Secretary of Defense shall + develop an assessment tool, such as a rating system or similar + mechanism, to identify and measure health and safety hazards in + housing under the jurisdiction of the Department of Defense + (including privatized military housing). + (2) Components.--The assessment tool shall provide for the + identification and measurement of the following hazards: + (A) Physiological hazards, including dampness and mold + growth, lead-based paint, asbestos and manmade fibers, + radiation, biocides, carbon monoxide, and volatile organic + compounds. + (B) Psychological hazards, including ease of access by + unlawful intruders, and lighting issues. + (C) Infection hazards. + (D) Safety hazards. + (3) Public forums.--In developing the assessment tool, the + Secretary of Defense shall provide for multiple public forums at + which the Secretary may receive input with respect to such + assessment tool from occupants of housing under the jurisdiction of + the Department of Defense (including privatized military housing). + (4) Report.--Not later than 210 days after the date of the + enactment of this Act, the Secretary of Defense shall submit to the + Committees on Armed Services of the Senate and the House of + Representatives a report on the assessment tool. + (b) Hazard Assessments.-- + (1) Assessments required.--Not later than one year after the + date of the enactment of this Act, the Secretary of Defense, using + the assessment tool developed under subsection (a)(1), shall + complete a hazard assessment for each housing facility under the + jurisdiction of the Department of Defense (including privatized + military housing). + (2) Tenant information.--As soon as practicable after the + completion of the hazard assessment conducted for a housing + facility under paragraph (1), the Secretary of Defense shall + provide to each individual who leases or is assigned to a housing + unit in the facility a summary of the results of the assessment. +SEC. 3053. PROCESS TO IDENTIFY AND ADDRESS ENVIRONMENTAL HEALTH HAZARDS +IN DEPARTMENT OF DEFENSE HOUSING. + (a) Process Required.--Not later than 180 days after the date of +the enactment of this Act, the Secretary of Defense, in coordination +with the Secretaries of the military departments, shall develop a +process to identify, record, and resolve environmental health hazards +in housing under the jurisdiction of the Department of Defense +(including privatized housing) in a timely manner. + (b) Elements of Process.--The process developed under subsection +(a) shall provide for the following with respect to each identified +environmental health hazard: + (1) Categorization of the hazard. + (2) Identification of health risks posed by the hazard. + (3) Identification of the number of housing occupants + potentially affected by the hazard. + (4) Recording and maintenance of information regarding the + hazard. + (5) Resolution of the hazard, which shall include-- + (A) the performance by the Secretary of Defense (or in the + case of privatized housing, the landlord) of hazard remediation + activities at the affected facility; and + (B) follow-up by the Secretary of Defense to collect + information on medical care related to the hazard sought or + received by individuals affected by the hazard. + (c) Coordination.--The Secretary of Defense shall ensure +coordination between military treatment facilities, appropriate public +health officials, and housing managers at military installations with +respect to the development and implementation of the process required +by subsection (a). + (d) Report.--Not later than 210 days after the date of the +enactment of this Act, the Secretary of Defense shall submit to the +Committees on Armed Services of the Senate and the House of +Representatives a report on the process required by subsection (a). +SEC. 3054. DEPARTMENT OF DEFENSE POLICY ON LEAD-BASED PAINT TESTING ON +MILITARY INSTALLATIONS. + (a) Access and Testing Policy.--Not later than February 1, 2020, +the Secretary of Defense shall establish a policy under which the +Secretary of the military department concerned may permit a qualified +individual to access a military installation for the purpose of +conducting testing for the presence of lead-based paint on the +installation. + (b) Transmission of Results.-- + (1) Installations inside the united states.--In the case of + military installations located inside the United States, the + results of any testing for lead-based paint on a military + installation shall be transmitted the following: + (A) The civil engineer of the installation. + (B) The housing management office of the installation. + (C) The public health organization on the installation. + (D) The major subordinate command of the Armed Force with + jurisdiction over the installation. + (E) If required by law, any relevant Federal, State, and + local agencies. + (2) Installations outside the united states.--In the case of + military installations located outside the United States, the + results of any testing for lead-based paint on a military + installation shall be transmitted to the civil engineer or + commander of the installation who shall transmit those results to + the major subordinate command of the Armed Force with jurisdiction + over the installation. + (c) Definitions.--In this section: + (1) The term ``United States'' has the meaning given that term + in section 101(a)(1) of title 10, United States Code. + (2) The term ``qualified individual'' means an individual who + is certified by the Environmental Protection Agency or by a State + as-- + (A) a lead-based paint inspector; or + (B) a lead-based paint risk assessor. +SEC. 3055. STANDARD FOR MINIMUM CREDENTIALS FOR HEALTH AND +ENVIRONMENTAL INSPECTORS OF PRIVATIZED MILITARY HOUSING. + (a) Development and Submission of Standard.--Not later than +February 1, 2020, the Secretary of Defense shall submit to the +congressional defense committees a report that contains a standard for +minimum credentials to be used throughout the Department of Defense for +all inspectors of health and environmental hazards at privatized +military housing, including inspectors contracted by the Department. + (b) Inclusion of Categories for Specific Environmental Hazards.-- +The standard submitted under subsection (a) shall include categories +for specific environmental hazards such as lead, mold, and radon. +SEC. 3056. REQUIREMENTS RELATING TO MOVE-IN, MOVE-OUT, AND MAINTENANCE +OF PRIVATIZED MILITARY HOUSING. + (a) Move-in and Move-out Checklist.-- + (1) Checklist required.--The Secretary of Defense shall develop + a uniform move-in and move-out checklist for use by landlords + providing privatized military housing and by tenants of such + housing. + (2) Required move-in element.--A tenant who will occupy a unit + of privatized military housing is entitled to be present for an + inspection of the housing unit before accepting occupancy of the + housing unit to ensure that the unit is habitable and that + facilities and common areas of the building are in good repair. + (3) Required move-out element.--A tenant of a unit of + privatized military housing is entitled to be present for the move- + out inspection of the housing unit and must be given sufficient + time to address any concerns related to the tenant's occupancy of + the housing unit. + (b) Maintenance Checklist.--The Secretary of Defense shall-- + (1) develop a uniform checklist to be used by housing + management offices to validate the completion of all maintenance + work related to health and safety issues at privatized military + housing; and + (2) require that all maintenance issues and work orders related + to health and safety issues at privatized military housing be + reported to the commander of the installation for which the housing + is provided. + (c) Consultation.--The Secretary of Defense shall carry out this +section in consultation with the Secretaries of the military +departments. + (d) Deadline.--The uniform checklists required by this section +shall be completed not later than 60 days after the date of the +enactment of this Act. +SEC. 3057. STANDARDIZED DOCUMENTATION, TEMPLATES, AND FORMS FOR +PRIVATIZED MILITARY HOUSING. + (a) Development Required.-- + (1) In general.--The Secretary of Defense shall develop + standardized documentation, templates, and forms for use throughout + the Department of Defense with respect to privatized military + housing. In developing such documentation, templates, and forms, + the Secretary shall ensure that, to the maximum extent practicable, + the documentation, templates, and forms do not conflict with + applicable State and local housing regulations. + (2) Initial guidance.--Not later than 30 days after the date of + the enactment of this Act, the Secretary of Defense shall issue + guidance for the development of the following: + (A) Policies and standard operating procedures of the + Department for privatized military housing. + (B) A universal lease agreement for privatized military + housing that includes-- + (i) the documents developed pursuant to section 2890 of + title 10, United States Code, as added by section 3011, + entitled Military Housing Privatization Initiative Tenant + Bill of Rights and Military Housing Privatization + Initiative Tenant Responsibilities; and + (ii) any lease addendum required by the law of the + State in which the unit of privatized military housing is + located. + (3) Consultation.--The Secretary of Defense shall carry out + this subsection in consultation with the Secretaries of the + military departments. + (b) Military Department Plans.--Not later than February 1, 2020, +the Secretary of each military department shall submit to the +congressional defense committees a plan for the implementation of this +section by that military department. +SEC. 3058. SATISFACTION SURVEY FOR TENANTS OF MILITARY HOUSING. + (a) Survey Required.--Not later than March 1, 2020, the Secretary +of Defense shall require that each installation of the Department of +Defense use the same satisfaction survey for tenants of military +housing, including privatized military housing. + (b) Form of Survey.--The satisfaction survey required by subsection +(a) shall be an electronic survey with embedded privacy and security +mechanisms. + (c) Privacy and Security Mechanisms.--The privacy and security +mechanisms used in the satisfaction survey required by subsection (a)-- + (1) may include a code unique to the tenant to be surveyed that + is sent to the cell phone number of the tenant and required to be + entered to access the survey; and + (2) in the case of privatized military housing, shall ensure + the survey is not shared with the landlord providing the privatized + military housing until the survey is reviewed and the results are + tallied by Department of Defense personnel. + + Subtitle E--Other Housing Reform Matters + +SEC. 3061. RADON TESTING OF PRIVATIZED MILITARY HOUSING. + (a) Report.--Not later than March 1, 2020, the Secretary of Defense +shall submit to the congressional defense committees a report +identifying the installations of the Department of Defense that have +privatized military housing that should be monitored for levels of +radon at or above the action level. + (b) Testing Procedures and Standards.--The Secretaries of the +military departments shall ensure that landlords providing privatized +military housing at installations identified under subsection (a) +establish testing procedures that are consistent with then current +national consensus standards and are in compliance with applicable +Federal, State, and local radon regulations in order to ensure radon +levels are below recommended levels established by the Environmental +Protection Agency, whether through-- + (1) regular testing of privatized military housing by persons + who possess certification pursuant to the proficiency program + operated under section 305(a)(2) of the Toxic Substances Control + Act (15 U.S.C. 2665(a)(2)); or + (2) the installation of monitoring equipment in privatized + military housing. + (c) Notification Regarding Need for Mitigation.--If, as a result of +testing described in subsection (b), a unit of privatized military +housing needs radon mitigation to ensure radon levels are below +recommended levels, the landlord providing the housing unit shall +submit to the Secretary of the military department concerned, not later +than seven days after the determination of the need for radon +mitigation, the mitigation plan for the housing unit. +SEC. 3062. MITIGATION OF RISKS POSED BY CERTAIN ITEMS IN MILITARY +FAMILY HOUSING UNITS. (a) Anchoring of Items by Residents.--The Secretary of Defense shall allow a resident of a military family housing unit to anchor any furniture, television, or large appliance to the wall of the unit for purposes of preventing such item from tipping over without incurring a penalty or obligation to repair the wall upon vacating the unit. (b) Anchoring of Items for All Units.-- - (1) Existing units.--Not later than one year after the date - of the enactment of this Act, the Secretary of Defense shall - ensure that all freestanding chests, door chests, armoires, - dressers, entertainment centers, bookcases taller than 27 - inches, televisions, and large appliances provided by the - Department of Defense are securely anchored in each furnished - military family housing unit under the jurisdiction of the - Department as of the date of the enactment of this Act. - (2) New units.--The Secretary of Defense shall ensure that - all freestanding chests, door chests, armoires, dressers, - entertainment centers, bookcases taller than 27 inches, - televisions, and large appliances provided by the Department of - Defense are securely anchored in each furnished military family - housing unit made available after the date of the enactment of - this Act. - -SEC. 3055. TECHNICAL CORRECTION TO CERTAIN PAYMENTS FOR LESSORS OF - PRIVATIZED MILITARY HOUSING. - - Paragraph (3) of section 606(d) of the John S. McCain National -Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 -U.S.C. 2871 note) is amended to read as follows: - ``(3) The term `MHPI housing' means housing procured, - acquired, constructed, or for which any phase or portion of a - project agreement was first finalized and signed, under the - alternative authority of subchapter IV of chapter 169 of title - 10, United States Code (known as the Military Housing - Privatization Initiative), on or before September 30, 2014.''. - -SEC. 3056. PILOT PROGRAM TO BUILD AND MONITOR USE OF SINGLE FAMILY - HOMES. - + (1) Existing units.--Not later than one year after the date of + the enactment of this Act, the Secretary of Defense shall ensure + that all freestanding chests, door chests, armoires, dressers, + entertainment centers, bookcases taller than 27 inches, + televisions, and large appliances provided by the Department of + Defense are securely anchored in each furnished military family + housing unit under the jurisdiction of the Department as of the + date of the enactment of this Act. + (2) New units.--The Secretary of Defense shall ensure that all + freestanding chests, door chests, armoires, dressers, entertainment + centers, bookcases taller than 27 inches, televisions, and large + appliances provided by the Department of Defense are securely + anchored in each furnished military family housing unit made + available after the date of the enactment of this Act. +SEC. 3063. SUSPENSION OF RESIDENT ENERGY CONSERVATION PROGRAM AND +RELATED PROGRAMS FOR PRIVATIZED MILITARY HOUSING. + (a) Suspension Required.--The Secretary of Defense shall suspend +the initiative of the Department of Defense known as the Resident +Energy Conservation Program and instruct the Secretary of each military +department to suspend any program carried out by such Secretary that +measures the energy usage for individual units of privatized military +housing on installations of the Department of Defense. + (b) Term of Suspension.--Subject to subsection (c), the suspension +required by subsection (a) shall remain in effect for an installation +of the Department of Defense until the Secretary of Defense certifies +to the congressional defense committees that 100 percent of the +privatized military housing on the installation is individually metered +to each respective unit of privatized military housing on the +installation military housing unit and the meter accurately measures +the energy usage of the unit. + (c) Termination.--If the Secretary of Defense is unable to make the +certification required by subsection (b) for an installation of the +Department of Defense before the end of the two-year period beginning +on the date of the enactment of this Act, each program suspended +pursuant to subsection (a) at that installation shall terminate at the +end of such period. +SEC. 3064. DEPARTMENT OF THE ARMY PILOT PROGRAM TO BUILD AND MONITOR +USE OF SINGLE FAMILY HOMES. (a) In General.--The Secretary of the Army shall carry out a pilot -program to build and monitor the use of not fewer than 5 single family -homes for members of the Army and their families. +program to build and monitor the use of not fewer than five single +family homes for members of the Army and their families. (b) Location.--The Secretary of the Army shall carry out the pilot -program at an installation of the Army as determined by the Secretary. +program at no less than two installations of the Army located in +different climate regions of the United States as determined by the +Secretary. (c) Design.--In building homes under the pilot program, the Secretary of the Army shall use the All-American Abode design from the suburban single-family division design by the United States Military Academy. - (d) Authorization of Appropriations.--There is authorized to be -appropriated to the Secretary of the Army $1,000,000 to carry out the -pilot program under this section. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS - TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + + Subtitle A--National Security Programs and Authorizations + +Sec. 3101. National Nuclear Security Administration. +Sec. 3102. Defense environmental cleanup. +Sec. 3103. Other defense activities. +Sec. 3104. Nuclear energy. + Subtitle B--Program Authorizations, Restrictions, and Limitations + +Sec. 3111. Personnel matters at National Nuclear Security + Administration. +Sec. 3112. Estimation of costs of meeting defense environmental cleanup + milestones required by consent orders. +Sec. 3113. Office of Cost Estimating and Program Evaluation. +Sec. 3114. Clarification of certain Stockpile Responsiveness Program + objectives. +Sec. 3115. Elimination of limitation on availability of funds relating + to submission of annual reports on unfunded priorities. +Sec. 3116. Modification to certain requirements relating to plutonium + pit production capacity. +Sec. 3117. Annual certification of shipments to Waste Isolation Pilot + Plant. +Sec. 3118. Extension and modification of pilot program on unavailability + for overhead costs of amounts specified for laboratory- + directed research and development. +Sec. 3119. Modification to limitation on availability of funds for + acceleration of nuclear weapons dismantlement. +Sec. 3120. Implementation of common financial reporting system for + nuclear security enterprise. +Sec. 3121. Limitation relating to reclassification of high-level waste. +Sec. 3122. National Laboratory Jobs ACCESS Program. + + Subtitle C--Reports and Other Matters + +Sec. 3131. Civil penalties for violations of certain whistleblower + protections. +Sec. 3132. Repeal of assessments of adequacy of budget requests relating + to nuclear weapons stockpile. +Sec. 3133. Repeal of requirement for review relating to enhanced + procurement authority. +Sec. 3134. Improvements to Energy Employees Occupational Illness + Compensation Program Act of 2000. +Sec. 3135. Replacement of W78 warhead. +Sec. 3136. Independent review of capabilities for detection, + verification, and monitoring of nuclear weapons and fissile + material. +Sec. 3137. Assessment of high energy density physics. +Sec. 3138. Determination of effect of treaty obligations with respect to + producing tritium. +Sec. 3139. Technical corrections to National Nuclear Security + Administration Act and Atomic Energy Defense Act. + + TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A--National Security Programs and Authorizations SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for the activities of the National Nuclear Security Administration in @@ -21199,14 +41090,12 @@ carrying out programs as specified in the funding table in section subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: - Project 20-D-931, KL Fuel Development Laboratory, Knolls - Atomic Power Laboratory, Schenectady, New York, $23,700,000. - General Purpose Project, PF-4 Power and Communications - Systems Upgrade, Los Alamos National Laboratory, New Mexico, - $16,000,000. - + Project 20-D-931, KL Fuel Development Laboratory, Knolls Atomic + Power Laboratory, Schenectady, New York, $23,700,000. + General Purpose Project, PF-4 Power and Communications Systems + Upgrade, Los Alamos National Laboratory, Los Alamos, New Mexico, + $16,000,000. SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. - (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for defense environmental cleanup activities in carrying out programs as @@ -21215,341 +41104,613 @@ specified in the funding table in section 4701. subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: - Project 20-D-401, Saltstone Disposal Units numbers 10, 11, - and 12, Savannah River Site, Aiken, South Carolina, $1,000,000. - Project 20-D-402, Advanced Manufacturing Collaborative, - Savannah River Site, Aiken, South Carolina, $50,000,000. - Project 20-U-401, On-Site Waste Disposal Facility (Cell - Lines 2 and 3), Portsmouth Site, Pike County, Ohio, - $10,000,000. - + Project 20-D-401, Saltstone Disposal Units numbers 10, 11, and + 12, Savannah River Site, Aiken, South Carolina, $1,000,000. + Project 20-D-402, Advanced Manufacturing Collaborative, + Savannah River Site, Aiken, South Carolina, $50,000,000. + Project 20-U-401, On-Site Waste Disposal Facility (Cell Lines 2 + and 3), Portsmouth Site, Pike County, Ohio, $10,000,000. SEC. 3103. OTHER DEFENSE ACTIVITIES. - Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for other defense activities in carrying out programs as specified in the funding table in section 4701. - SEC. 3104. NUCLEAR ENERGY. - Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for nuclear energy as specified in the funding table in section 4701. Subtitle B--Program Authorizations, Restrictions, and Limitations -SEC. 3111. TECHNICAL CORRECTIONS TO NATIONAL NUCLEAR SECURITY - ADMINISTRATION ACT AND ATOMIC ENERGY DEFENSE ACT. - - (a) Definitions in National Nuclear Security Administration Act.-- -Section 3281(2)(A) of the National Nuclear Security Administration Act -(50 U.S.C. 2471(2)(A)) is amended by striking ``Plant'' and inserting -``National Security Campus''. - (b) Amendments to Atomic Energy Defense Act.-- - (1) Definitions.--Section 4002(9)(A) of the Atomic Energy - Defense Act (50 U.S.C. 2501(9)(A)) is amended striking - ``Plant'' and inserting ``National Security Campus''. - (2) Stockpile stewardship, management, and responsiveness - plan.--Section 4203 of the Atomic Energy Defense Act (50 U.S.C. - 2523) is amended-- - (A) in subsection (d)(4)(A)(ii), by striking - ``quadrennial defense review if such strategy has not - been submitted'' and inserting ``national defense - strategy''; - (B) in subsection (e)(1)(A)(i), by striking ``or - the most recent quadrennial defense review, as - applicable under subsection (d)(4)(A), and the'' and - inserting ``referred to in subsection (d)(4)(A)(i), the - most recent the national defense strategy, and the most - recent''; and - (C) in subsection (f)-- - (i) by striking paragraph (4); - (ii) by redesignating paragraph (3) as - paragraph (4); and - (iii) by inserting after paragraph (2) the - following new paragraph (3): - ``(3) The term `national defense strategy' means the review - of the defense programs and policies of the United States that - is carried out every four years under section 113(g) of title - 10, United States Code.''. - (3) Manufacturing infrastructure for nuclear weapons - stockpile.--Section 4212 of the Atomic Energy Defense Act (50 - U.S.C. 2532) is amended-- - (A) in subsection (a)(1), in the matter preceding - subparagraph (A), by inserting ``most recent'' before - ``Nuclear Posture Review''; and - (B) in subsection (b)-- - (i) in paragraph (2), by striking ``Plant'' - and inserting ``National Security Complex''; - and - (ii) in paragraph (4), by striking - ``Plant'' and inserting ``National Security - Campus, Kansas City, Missouri''. - (4) Reports on life extension programs.-- - (A) In general.--Section 4216 of the Atomic Energy - Defense Act (50 U.S.C. 2536) is amended-- - (i) in the section heading, by striking - ``lifetime'' and inserting ``life''; and - (ii) by striking ``lifetime'' each place it - appears and inserting ``life''. - (B) Clerical amendment.--The table of contents for - the Atomic Energy Defense Act is amended by striking - the item relating to section 4216 and inserting the - following new item: - -``Sec. 4216. Reports on life extension programs.''. - (5) Advice on safety, security, and reliability of nuclear - weapons stockpile.--Section 4218 of the Atomic Energy Defense - Act (50 U.S.C. 2538) is amended-- - (A) in subsection (d), by striking ``or the - Commander of the United States Strategic Command''; and - (B) in subsection (e)(1)-- - (i) by striking ``, a member of'' and all - that follows through ``Strategic Command'' and - inserting ``or a member of the Nuclear Weapons - Council''; and - (ii) by striking ``, member, or Commander'' - and inserting ``or member''. - (6) Life-cycle cost estimates.--Section 4714(a) of the - Atomic Energy Defense Act (50 U.S.C. 2754(a)) is amended-- - (A) by striking ``413.3'' and inserting ``413.3B''; - and - (B) by inserting ``, or a successor order,'' after - ``assets)''. - (7) Unfunded priorities.-- - (A) In general.--Section 4716 of the Atomic Energy - Defense Act (50 U.S.C. 2756) is amended in the section - heading by striking ``national nuclear security - administration'' and inserting ``administration''. - (B) Clerical amendment.--The table of contents for - the Atomic Energy Defense Act is amended by striking - the item relating to section 4716 and inserting the - following new item: - -``Sec. 4716. Unfunded priorities of the Administration.''. - (8) Reviews of capital assets acquisition projects.-- - Section 4733(d)(3)(B) of the Atomic Energy Defense Act (50 - U.S.C. 2773(d)(3)(B)) is amended by striking ``413.3'' and - inserting ``413.3B''. - -SEC. 3112. NATIONAL NUCLEAR SECURITY ADMINISTRATION PERSONNEL SYSTEM. - - (a) In General.--Subtitle C of the National Nuclear Security -Administration Act (50 U.S.C. 2441 et seq.) is amended by adding at the -end the following new section: - -``SEC. 3248. ALTERNATIVE PERSONNEL SYSTEM. - - ``(a) In General.--The Administrator may adapt the pay banding and -performance-based pay adjustment demonstration project carried out by -the Administration under the authority provided by section 4703 of -title 5, United States Code, into a permanent alternative personnel -system for the Administration (to be known as the `National Nuclear -Security Administration Personnel System') and implement that system -with respect to employees of the Administration. - ``(b) Modifications.--In adapting the demonstration project -described in subsection (a) into a permanent alternative personnel -system, the Administrator-- - ``(1) may, subject to paragraph (2), revise the - requirements and limitations of the demonstration project to - the extent necessary; and - ``(2) shall-- - ``(A) ensure that the permanent alternative - personnel system is carried out in a manner consistent - with the final plan for the demonstration project - published in the Federal Register on December 21, 2007 - (72 Fed. Reg. 72776); - ``(B) ensure that significant changes in the system - not take effect until revisions to the plan for the - demonstration project are approved by the Office of - Personnel Management and published in the Federal - Register; - ``(C) ensure that procedural modifications or - clarifications to the final plan for the demonstration - project be made through local notification processes; - ``(D) authorize, and establish incentives for, - employees of the Administration to have rotational - assignments among different programs of the - Administration, the headquarters and field offices of - the Administration, and the management and operating - contractors of the Administration; and - ``(E) establish requirements for employees of the - Administration who are in the permanent alternative - personnel system described in subsection (a) to be - promoted to senior-level positions in the - Administration, including requirements with respect - to-- - ``(i) professional training and continuing - education; and - ``(ii) a certain number and types of - rotational assignments under subparagraph (D), - as determined by the Administrator. - ``(c) Application to Naval Nuclear Propulsion Program.--The -Director of the Naval Nuclear Propulsion Program established pursuant -to section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and -section 3216 of this Act may, with the concurrence of the Secretary of -the Navy, apply the alternative personnel system under subsection (a) -to-- - ``(1) all employees of the Naval Nuclear Propulsion Program - in the competitive service (as defined in section 2102 of title - 5, United States Code); and - ``(2) all employees of the Department of Navy who are - assigned to the Naval Nuclear Propulsion Program and are in the - excepted service (as defined in section 2103 of title 5, United - States Code) (other than such employees in statutory excepted - service systems).''. - (b) Briefing.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Administrator for Nuclear - Security shall provide a briefing to the appropriate - congressional committees on the implementation of section 3248 - of the National Nuclear Security Administration Act, as added - by subsection (a). - (2) Appropriate congressional committees defined.--In this - subsection, the term ``appropriate congressional committees'' - means-- - (A) the congressional defense committees; - (B) the Committee on Energy and Natural Resources - of the Senate and the Committee on Energy and Commerce - of the House of Representatives; and - (C) the Committee on Homeland Security and - Governmental Affairs of the Senate and the Committee on - Oversight and Government Reform of the House of - Representatives. - (c) Conforming Amendments.--Section 3116 of the National Defense -Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. -1888; 50 U.S.C. 2441 note prec) is amended-- - (1) by striking subsections (a) and (d); and - (2) by redesignating subsections (b) and (c) as subsections - (a) and (b), respectively. - (d) Clerical Amendment.--The table of contents for the National -Nuclear Security Administration Act is amended by inserting after the -item relating to section 3247 the following new item: - -``Sec. 3248. Alternative personnel system.''. - -SEC. 3113. CONTRACTING, PROGRAM MANAGEMENT, SCIENTIFIC, ENGINEERING, - AND TECHNICAL POSITIONS AT NATIONAL NUCLEAR SECURITY - ADMINISTRATION. - - (a) In General.--Section 3241 of the National Nuclear Security -Administration Act (50 U.S.C. 2441) is amended in the first sentence-- - (1) by striking ``may'' and inserting ``shall''; and - (2) by striking ``not more than 600''. - (b) Conforming Amendments.--Such section is further amended-- - (1) in the section heading, by striking ``authority to - establish'' and inserting ``establishment of''; and - (2) in the second sentence, by striking ``Subject to the - limitations in the preceding sentence, the authority'' and - inserting ``The authority''. - (c) Clerical Amendment.--The table of contents for the National -Nuclear Security Administration Act is amended by striking the item -relating to section 3241 and inserting the following new item: - -``Sec. 3241. Establishment of contracting, program management, - scientific, engineering, and technical - positions.''. - -SEC. 3114. PROHIBITION ON USE OF LABORATORY-DIRECTED RESEARCH AND - DEVELOPMENT FUNDS FOR GENERAL AND ADMINISTRATIVE OVERHEAD - COSTS. - - Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791) is -amended-- - (1) by redesignating subsection (d) as subsection (e); and - (2) by inserting after subsection (c) the following new - subsection (d): - ``(d) Funds provided to a national security laboratory or nuclear -weapons production facility for laboratory-directed research and -development may not be used to cover the costs of general and -administrative overhead for the laboratory or facility.''. - -SEC. 3115. PROHIBITION ON USE OF FUNDS FOR ADVANCED NAVAL NUCLEAR FUEL - SYSTEM BASED ON LOW-ENRICHED URANIUM. - - None of the funds authorized to be appropriated for the National -Nuclear Security Administration for fiscal year 2020 or any fiscal year -thereafter may be obligated or expended to conduct research and -development of an advanced naval nuclear fuel system based on low- -enriched uranium until the following certifications are submitted to -the congressional defense committees: - (1) A joint certification of the Secretary of Energy and - the Secretary of Defense that the determination made by the - Secretary of Energy and the Secretary of the Navy pursuant to - section 3118(c)(1) of the National Defense Authorization Act - for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1196) and - submitted to the congressional defense committees on March 25, - 2018, that the United States should not pursue such research - and development, no longer reflects the policy of the United - States. - (2) A certification of the Secretary of the Navy that an - advanced naval nuclear fuel system based on low-enriched - uranium would not reduce vessel capability, increase expense, - or reduce operational availability as a result of refueling - requirements. - - Subtitle C--Plans and Reports - -SEC. 3121. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL CLEANUP - MILESTONES REQUIRED BY CONSENT ORDERS. - +SEC. 3111. PERSONNEL MATTERS AT NATIONAL NUCLEAR SECURITY +ADMINISTRATION. + (a) Personnel Levels of the Office of the Administrator for Nuclear +Security.-- + (1) Personnel levels.-- + (A) Increase.--Subsection (a) of section 3241A of the + National Nuclear Security Administration Act (50 U.S.C. 2441a) + is amended by striking ``1,690'' both places it appears and + inserting ``1,890''. + (B) Technical amendments.--Such subsection is further + amended-- + (i) in paragraph (1), by striking ``By October 1, 2015, + the'' and inserting ``The''; and + (ii) in paragraph (2), by striking ``2016'' and + inserting ``2020''. + (2) Reports on service support contracts.--Subsection (f) of + such section is amended-- + (A) in the matter preceding paragraph (1), by striking ``as + of the date of the report'' and inserting ``for the most recent + fiscal year for which data are available''; and + (B) by striking paragraph (5) and inserting the following + new paragraphs: + ``(5) With respect to each contract identified under paragraph + (2)-- + ``(A) identification of each appropriations account that + supports the contract; and + ``(B) the amount obligated under the contract during the + fiscal year, listed by each such account. + ``(6) With respect to each appropriations account identified + under paragraph (5)(A), the total amount obligated for contracts + identified under paragraph (2).''. + (b) Increase in Contracting, Program Management, Scientific, +Engineering, and Technical Positions.--Section 3241 of the National +Nuclear Security Administration Act (50 U.S.C. 2441) is amended in the +first sentence by striking ``600'' and inserting ``800''. +SEC. 3112. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL CLEANUP +MILESTONES REQUIRED BY CONSENT ORDERS. (a) In General.--Subtitle A of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end -the following section: - +the following new section: ``SEC. 4409. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL - CLEANUP MILESTONES REQUIRED BY CONSENT ORDERS. - +CLEANUP MILESTONES REQUIRED BY CONSENT ORDERS. ``The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a -report on the cost of meeting milestones required by a consent order at -each defense nuclear facility at which defense environmental cleanup -activities are occurring. The report shall include, for each such -facility-- - ``(1) a specification of the cost of meeting such - milestones during that fiscal year; and - ``(2) an estimate of the cost of meeting such milestones - during the four fiscal years following that fiscal year.''. +report on the cost, for that fiscal year and the four fiscal years +following that fiscal year, of meeting milestones required by a consent +order at each defense nuclear facility at which defense environmental +cleanup activities are occurring. The report shall include, for each +such facility-- + ``(1) a specification of the cost of meeting such milestones + during that fiscal year; and + ``(2) an estimate of the cost of meeting such milestones during + the four fiscal years following that fiscal year.''. (b) Clerical Amendment.--The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4408 the following new item: ``Sec. 4409. Estimation of costs of meeting defense environmental - cleanup milestones required by consent - orders.''. - -SEC. 3122. EXTENSION OF SUSPENSION OF CERTAIN ASSESSMENTS RELATING TO - NUCLEAR WEAPONS STOCKPILE. - - Section 3255(b) of the National Nuclear Security Administration Act -(50 U.S.C. 2455(b)) is amended by striking ``fiscal year 2018 or 2019'' -and inserting ``any of fiscal years 2018 through 2023''. + cleanup milestones required by consent orders.''. +SEC. 3113. OFFICE OF COST ESTIMATING AND PROGRAM EVALUATION. + (a) Reporting.--Section 3221(b)(1) of the National Nuclear Security +Administration Act (50 U.S.C. 2411(b)(1)) is amended by adding at the +end the following new sentence: ``The Director shall report directly to +the Administrator.''. + (b) Briefing.--Not later than 180 days after the date of the +enactment of this Act, the Administrator for Nuclear Security shall +provide to the congressional defense committees a briefing on the plan +of the Administrator to fully staff the Office of Cost Estimating and +Program Evaluation of the National Nuclear Security Administration +pursuant to section 3221(f) of the National Nuclear Security +Administration Act (50 U.S.C. 2411(f)). +SEC. 3114. CLARIFICATION OF CERTAIN STOCKPILE RESPONSIVENESS PROGRAM +OBJECTIVES. + Section 4220(c) of the Atomic Energy Defense Act (50 U.S.C. +2538b(c)) is amended-- + (1) in paragraph (3), by striking ``capabilities required, + including prototypes'' and inserting ``capabilities as required, + such as through the use of prototypes''; and + (2) in paragraph (6)-- + (A) by striking ``in consultation with the Director of + National Intelligence'' and inserting ``in coordination with + the Director of National Intelligence''; and + (B) by inserting ``if needed to meet intelligence + requirements'' after ``foreign countries''. +SEC. 3115. ELIMINATION OF LIMITATION ON AVAILABILITY OF FUNDS RELATING +TO SUBMISSION OF ANNUAL REPORTS ON UNFUNDED PRIORITIES. + Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is +amended-- + (1) by striking subsection (a) and inserting the following new + subsection: + ``(a) Annual Report or Certification.--Not later than 10 days after +the date on which the budget of the President for a fiscal year is +submitted to Congress pursuant to section 1105(a) of title 31, United +States Code, the Administrator shall submit to the Secretary of Energy +and the congressional defense committees either-- + ``(1) a report on the unfunded priorities of the + Administration; or + ``(2) if the Administrator determines that there are no + unfunded priorities to include in such a report, a certification + and explanation by the Administrator, without delegation, of the + determination.''; + (2) in subsection (b), by striking ``report required by + subsection (a)'' both places it appears and inserting ``report + under subsection (a)(1)''; + (3) by striking subsection (c); and + (4) by redesignating subsection (d) as subsection (c). +SEC. 3116. MODIFICATION TO CERTAIN REQUIREMENTS RELATING TO PLUTONIUM +PIT PRODUCTION CAPACITY. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) rebuilding a robust plutonium pit production infrastructure + with a capacity of up to 80 pits per year is critical to + maintaining the viability of the nuclear weapons stockpile; + (2) that effort will require cooperation from experts across + the nuclear security enterprise; and + (3) any further delay to achieving a plutonium sustainment + capability to support the planned stockpile life extension programs + will result in an unacceptable capability gap to our deterrent + posture. + (b) Modification to Requirements.--Section 4219 of the Atomic +Energy Defense Act (50 U.S.C. 2538a) is amended-- + (1) in subsection (a), by striking paragraph (5) and inserting + the following: + ``(5) during 2030, produces not less than 80 war reserve + plutonium pits.''; + (2) by striking subsection (b); + (3) by redesignating subsections (c) and (d) as subsections (b) + and (c), respectively; + (4) in subsection (b), as redesignated by paragraph (2), by + striking ``2027 (or, if the authority under subsection (b) is + exercised, 2029)'' and inserting ``2030''; and + (5) in subsection (c), as redesignated by paragraph (2), by + striking ``subsection (c)'' and inserting ``subsection (b)''. +SEC. 3117. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLATION PILOT +PLANT. + Section 3115(a) of the National Defense Authorization Act for +Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2759), as amended by +section 3137(b) of the John S. McCain National Defense Authorization +Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2303), is +further amended, in the matter preceding paragraph (1), by striking +``three-year period'' and inserting ``10-year period''. +SEC. 3118. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON +UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS SPECIFIED FOR LABORATORY- +DIRECTED RESEARCH AND DEVELOPMENT. + Section 3119 of the National Defense Authorization Act for Fiscal +Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is amended-- + (1) in subsection (c)(2), by striking ``three'' and inserting + ``four''; and + (2) in subsection (d)-- + (A) by striking ``Before the termination under subsection + (c)(2) of the pilot program required by subsection (a)'' and + inserting ``Not later than February 15, 2020''; and + (B) by inserting before the end period the following: ``, + including effects on laboratory-directed research and + development and other programs''. +SEC. 3119. MODIFICATION TO LIMITATION ON AVAILABILITY OF FUNDS FOR +ACCELERATION OF NUCLEAR WEAPONS DISMANTLEMENT. + Subsection (a) of section 3125 of the National Defense +Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. +2766), as amended by section 3117 of the National Defense Authorization +Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1890), is +amended by striking ``$56,000,000'' and inserting ``$87,000,000''. +SEC. 3120. 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). +SEC. 3121. LIMITATION RELATING TO RECLASSIFICATION OF HIGH-LEVEL WASTE. + None of the funds authorized to be appropriated by this Act or +otherwise made available for fiscal year 2020 for the Department of +Energy may be obligated or expended by the Secretary of Energy to apply +the interpretation of high-level radioactive waste described in the +notice published by the Secretary titled ``Supplemental Notice +Concerning U.S. Department of Energy Interpretation of High-Level +Radioactive Waste'' (84 Fed. Reg. 26835), or successor notice, with +respect to such waste located in the State of Washington. +SEC. 3122. NATIONAL LABORATORY JOBS ACCESS PROGRAM. + (a) In General.--On or after the date that is 180 days after the +date of the enactment of this Act, the Secretary may establish a +program, to be known as the ``Department of Energy National Lab Jobs +ACCESS Program'', under which the Secretary may award, on a competitive +basis, 5-year grants to eligible entities described in subsection (c) +for the Federal share of the costs of pre-apprenticeship programs and +apprenticeship programs described in subsection (b). + (b) Pre-apprenticeship and Apprenticeship Programs Described.--A +pre-apprenticeship program or apprenticeship program described in this +subsection is a pre-apprenticeship program or apprenticeship program +that-- + (1) leads to recognized postsecondary credentials for secondary + school and postsecondary students; + (2) is focused on skills and qualifications needed, as + determined by the Secretary in consultation with the directors of + the National Laboratories, to meet the immediate and ongoing needs + of traditional and emerging technician positions (including + machinists and cybersecurity technicians) at the National + Laboratories and covered facilities of the National Nuclear + Security Administration; + (3) is established in consultation with a National Laboratory + or covered facility of the National Nuclear Security + Administration; + (4) is registered with and approved by the Secretary of Labor + or a State apprenticeship agency; and + (5) ensures that participants in the pre-apprenticeship program + or apprenticeship program do not displace paid employees. + (c) Eligible Entities Described.--An eligible entity described in +this subsection is a workforce intermediary or an eligible sponsor of a +pre-apprenticeship program or apprenticeship program that-- + (1) demonstrates experience in implementing and providing + career planning and career pathways toward pre-apprenticeship + programs or apprenticeship programs; + (2)(A) has a relationship with a National Laboratory or covered + facility of the National Nuclear Security Administration; + (B) has knowledge of the technician workforce needs of the + laboratory or facility and the associated security requirements of + the laboratory or facility; and + (C) is eligible to enter into an agreement with the laboratory + or facility that would be paid for in part or entirely from grant + funds received under this section; + (3) demonstrates the ability to recruit and support individuals + who plan to work in relevant technician positions upon the + successful completion of the pre-apprenticeship program or + apprenticeship program; + (4) provides students who complete the pre-apprenticeship + program or apprenticeship program with, or prepares such students + for obtaining, a recognized postsecondary credential; + (5) uses related instruction that is specifically aligned with + the needs of the laboratory or facility and utilizes workplace + learning advisors and on-the-job training to the greatest extent + possible; and + (6) demonstrates successful outcomes connecting graduates of + the pre-apprenticeship program or apprenticeship program to careers + relevant to the program. + (d) Applications.--If the Secretary establishes the program +described in subsection (a), an eligible entity described in subsection +(c) seeking a grant under the program shall submit to the Secretary an +application at such time, in such manner, and containing such +information as the Secretary may require. + (e) Priority.--In selecting eligible entities described in +subsection (c) to receive grants under this section, the Secretary may +prioritize an eligible entity that-- + (1) is a member of an industry or sector partnership; + (2) provides related instruction for a pre-apprenticeship + program or apprenticeship program through-- + (A) a local educational agency, a secondary school, a + provider of adult education, an area career and technical + education school, or an institution of higher education (such + as a community college) that includes basic science, + technology, and mathematics education in the related + instruction; or + (B) an apprenticeship program that was registered with the + Department of Labor or a State apprenticeship agency before the + date on which the eligible entity applies for the grant under + subsection (d); + (3) works with the Secretary of Defense, the Secretary of + Veterans Affairs, or veterans organizations to transition members + of the Armed Forces and veterans to pre-apprenticeship programs or + apprenticeship programs in a relevant sector; + (4) plans to use the grant to carry out the pre-apprenticeship + program or apprenticeship program with an entity that receives + State funding or is operated by a State agency; and + (5) plans to use the grant to carry out the pre-apprenticeship + program or apprenticeship program for-- + (A) young adults ages 16 to 29, inclusive; or + (B) individuals with barriers to employment. + (f) Additional Consideration.--In making grants under this section, +the Secretary may consider regional diversity. + (g) Limitation on Applications.--An eligible entity described in +subsection (c) may not submit, either individually or as part of a +joint application, more than one application for a grant under this +section during any one fiscal year. + (h) Limitations on Amount of Grant.--The amount of a grant provided +under this section may not, for any 24-month period of the 5-year grant +period, exceed $500,000. + (i) Non-Federal Share.--The non-Federal share of the cost of a pre- +apprenticeship program or apprenticeship program carried out using a +grant under this section shall be not less than 25 percent of the total +cost of the program. + (j) Technical Assistance.--The Secretary may provide technical +assistance to eligible entities described in subsection (c) to leverage +the existing job training and education programs of the Department of +Labor and other relevant programs at appropriate Federal agencies. + (k) Report.-- + (1) In general.--If the Secretary establishes the program + described in subsection (a), not less than once every 2 years + thereafter, the Secretary shall submit to Congress, and make + publicly available on the website of the Department of Energy, a + report on the program, including-- + (A) a description of-- + (i) any entity that receives a grant under this + section; + (ii) any activity carried out using a grant under this + section; and + (iii) best practices used to leverage the investment of + the Federal Government under this section; and + (B) an assessment of the results achieved by the program, + including the rate of employment for participants after + completing a pre-apprenticeship program or apprenticeship + program carried out using a grant under this section. + (2) Performance reports.--Not later than one year after the + establishment of a pre-apprenticeship program or apprenticeship + program using a grant awarded under this section, and annually + thereafter, the entity carrying out the program shall submit to the + Secretary and the Secretary of Labor a report on the effectiveness + of the program based on the accountability measures described in + clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce + Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)). + (l) Definitions.--In this section: + (1) ESEA terms.--The terms ``local educational agency'' and + ``secondary school'' have the meanings given the terms in section + 8101 of the Elementary and Secondary Education Act of 1965 (20 + U.S.C. 7801). + (2) WIOA terms.--The terms ``career planning'', ``community- + based organization'', ``customized training'', ``economic + development agency'', ``individual with a barrier to employment'', + ``industry or sector partnership'', ``on-the-job training'', + ``recognized postsecondary credential'', and ``workplace learning + advisor'' have the meanings given such terms in section 3 of the + Workforce Innovation and Opportunity Act (29 U.S.C. 3102). + (3) Apprenticeship program.--The term ``apprenticeship + program'' means a program registered under the Act of August 16, + 1937 (commonly known as the ``National Apprenticeship Act''; 50 + Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). + (4) Area career and technical education school.--The term + ``area career and technical education school'' has the meaning + given the term in section 3 of the Carl D. Perkins Career and + Technical Education Act of 2006 (20 U.S.C. 2302). + (5) Community college.--The term ``community college'' has the + meaning given the term ``junior or community college'' in section + 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). + (6) Covered facility of the national nuclear security + administration.--The term ``covered facility of the National + Nuclear Security Administration'' means a national security + laboratory or a nuclear weapons production facility as such terms + are defined in section 4002 of the Atomic Energy Defense Act (50 + U.S.C. 2501). + (7) Eligible sponsor.--The term ``eligible sponsor'' means a + public organization or nonprofit organization that-- + (A) with respect to an apprenticeship program, administers + the program through a partnership that may include-- + (i) an industry or sector partnership; + (ii) an employer or industry association; + (iii) a labor-management organization; + (iv) a local workforce development board or State + workforce development board; + (v) a 2- or 4-year institution of higher education that + offers an educational program leading to an associate's or + bachelor's degree in conjunction with a certificate of + completion of apprenticeship; + (vi) the Armed Forces (including the National Guard and + Reserves); + (vii) a community-based organization; or + (viii) an economic development agency; and + (B) with respect to a pre-apprenticeship program, is a + local educational agency, a secondary school, an area career + and technical education school, a provider of adult education, + a State workforce development board, a local workforce + development board, or a community-based organization, that + administers the program with any required coordination and + necessary approvals from the Secretary of Labor or a State + department of labor. + (8) Institution of higher education.--The term ``institution of + higher education'' has the meaning given the term in section 101 of + the Higher Education Act of 1965 (20 U.S.C. 1001). + (9) Local workforce development board.--The term ``local + workforce development board'' has the meaning given the term + ``local board'' in section 3 of the Workforce Innovation and + Opportunity Act (29 U.S.C. 3102). + (10) National laboratory.--The term ``National Laboratory'' has + the meaning given the term in section 2 of the Energy Policy Act of + 2005 (42 U.S.C. 15801). + (11) Nonprofit organization.--The term ``nonprofit + organization'' means an organization that is described in section + 501(c) of the Internal Revenue Code of 1986 and exempt from tax + under section 501(a) of such Code. + (12) Pre-apprenticeship program.--The term ``pre-apprenticeship + program'' means a program-- + (A) designed to prepare individuals to enter and succeed in + an apprenticeship program; and + (B) that has a documented partnership with at least one, if + not more, apprenticeship programs. + (13) Provider of adult education.--The term ``provider of adult + education'' has the meaning given the term ``eligible provider'' in + section 203 of the Adult Education and Family Literacy Act (29 + U.S.C. 3272). + (14) Related instruction.--The term ``related instruction'' + means an organized and systematic form of instruction designed to + provide an individual in a pre-apprenticeship program or + apprenticeship program with the knowledge of the technical subjects + related to the intended occupation of the individual after + completion of the program. + (15) Secretary.--The term ``Secretary'' means the Secretary of + Energy, in consultation with the Secretary of Labor, except as + otherwise specified in this section. + (16) Sponsor.--The term ``sponsor'' means any person, + association, committee, or organization operating a pre- + apprenticeship program or apprenticeship program and in whose name + the program is (or is to be) registered or approved. + (17) State apprenticeship agency.--The term ``State + apprenticeship agency'' has the meaning given that term in section + 29.2 of title 29, Code of Federal Regulations (or any corresponding + similar regulation or ruling). + (18) State workforce development board.--The term ``State + workforce development board'' has the meaning given the term + ``State board'' in section 3 of the Workforce Innovation and + Opportunity Act (29 U.S.C. 3102). + (19) Workforce intermediary.--The term ``workforce + intermediary''-- + (A) means a nonprofit organization that-- + (i) proactively addresses workforce needs using a dual + customer approach, which considers the needs of both + employees and employers; and + (ii) has partnered with a sponsor of a pre- + apprenticeship program or apprenticeship program or is a + sponsor of a pre-apprenticeship program or apprenticeship + program; and + (B) may include a community organization, an employer + organization, a community college, a temporary staffing agency, + a State workforce development board, a local workforce + development board, or a labor or labor-management organization. -SEC. 3123. REPEAL OF REQUIREMENT FOR REVIEW RELATING TO ENHANCED - PROCUREMENT AUTHORITY. + Subtitle C--Reports and Other Matters +SEC. 3131. CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN WHISTLEBLOWER +PROTECTIONS. + Section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) is +amended-- + (1) in the heading, by inserting ``and whistleblower'' after + ``safety''; + (2) in subsection a.-- + (A) by inserting ``, or who violates any applicable law, + rule, regulation, or order related to nuclear safety + whistleblower protections,'' before ``shall be subject to a + civil penalty''; and + (B) by adding at the end the following new sentence: ``The + Secretary of Energy may carry out this section with respect to + the National Nuclear Security Administration by acting through + the Administrator for Nuclear Security.''; and + (3) by adding at the end the following new subsection: + ``e. In this section, the term `nuclear safety whistleblower +protections' means the protections for employees of contractors or +subcontractors from reprisals pursuant to section 4712 of title 41, +United States Code, section 211 of the Energy Reorganization Act of +1974 (42 U.S.C. 5851), or other provisions of Federal law (including +rules, regulations, or orders) affording such protections, with respect +to disclosures or other activities covered by such protections that +relate to nuclear safety.''. +SEC. 3132. REPEAL OF ASSESSMENTS OF ADEQUACY OF BUDGET REQUESTS +RELATING TO NUCLEAR WEAPONS STOCKPILE. + (a) In General.--Section 3255 of the National Nuclear Security +Administration Act (50 U.S.C. 2455) is repealed. + (b) Clerical Amendment.--The table of contents for the National +Nuclear Security Administration Act is amended by striking the item +relating to section 3255. +SEC. 3133. REPEAL OF REQUIREMENT FOR REVIEW RELATING TO ENHANCED +PROCUREMENT AUTHORITY. Section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is amended-- - (1) by striking subsection (e); and - (2) by redesignating subsections (f) and (g) as subsections - (e) and (f), respectively. - -SEC. 3124. DETERMINATION OF EFFECT OF TREATY OBLIGATIONS WITH RESPECT - TO PRODUCING TRITIUM. - - Not later than February 15, 2020, the Secretary of Energy shall-- - (1) determine whether the Agreement for Cooperation on the - Uses of Atomic Energy for Mutual Defense Purposes, signed at - Washington July 3, 1958 (9 UST 1028), between the United States - and the United Kingdom, permits the United States to obtain - low-enriched uranium for the purposes of producing tritium in - the United States; and - (2) submit to the congressional defense committees a report - on that determination. - -SEC. 3125. ASSESSMENT OF HIGH ENERGY DENSITY PHYSICS. - + (1) by striking subsection (e); and + (2) by redesignating subsections (f) and (g) as subsections (e) + and (f), respectively. +SEC. 3134. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS +COMPENSATION PROGRAM ACT OF 2000. + (a) Office of Ombudsman.--Section 3686 of the Energy Employees +Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s- +15) is amended-- + (1) in subsection (c)-- + (A) by redesignating paragraphs (2) and (3) as paragraphs + (3) and (4), respectively; and + (B) by inserting after paragraph (1) the following new + paragraph: + ``(2) To provide guidance and assistance to claimants.''; and + (2) in subsection (h), by striking ``2019'' and inserting + ``2020''. + (b) Advisory Board on Toxic Substances and Worker Health.--Section +3687 of the Energy Employees Occupational Illness Compensation Program +Act of 2000 (42 U.S.C. 7385s-16) is amended-- + (1) in subsection (b)(1)-- + (A) in subparagraph (C), by striking ``; and'' and + inserting a semicolon; + (B) in subparagraph (D), by striking ``; and'' and + inserting a semicolon; and + (C) by adding after subparagraph (D) the following: + ``(E) the claims adjudication process generally, including + review of procedure manual changes prior to incorporation into + the manual and claims for medical benefits; and + ``(F) such other matters as the Secretary considers + appropriate; and''; + (2) in subsection (g)-- + (A) by striking ``The Secretary of Energy shall'' and + inserting ``The Secretary of Energy and the Secretary of Labor + shall each''; and + (B) by adding at the end the following new sentence: ``The + Secretary of Labor shall make available to the Board the + program's medical director, toxicologist, industrial hygienist + and program's support contractors as requested by the Board.''; + (3) by redesignating subsections (h) and (i) as subsections (i) + and (j), respectively; and + (4) by inserting after subsection (g) the following: + ``(h) Response to Recommendations.--Not later than 60 days after +submission to the Secretary of Labor of the Board's recommendations, +the Secretary shall respond to the Board in writing, and post on the +public internet website of the Department of Labor, a response to the +recommendations that-- + ``(1) includes a statement of whether the Secretary accepts or + rejects the Board's recommendations; + ``(2) if the Secretary accepts the Board's recommendations, + describes the timeline for when those recommendations will be + implemented; and + ``(3) if the Secretary does not accept the recommendations, + describes the reasons the Secretary does not agree and provides all + scientific research to the Board supporting that decision.''. +SEC. 3135. REPLACEMENT OF W78 WARHEAD. + (a) Report.-- + (1) In general.--Not later than 210 days after the date of the + enactment of this Act, the Administrator for Nuclear Security shall + submit to the congressional defense committees a report on + replacing the W78 warhead. + (2) Matters included.--The report under paragraph (1) shall + include the following: + (A) A discussion of the alternatives considered with + respect to replacing the W78 warhead, including-- + (i) a description of the technical risks, schedule, and + costs for each alternative to replacing the W78 warhead; + and + (ii) a description of any changes since January 15, + 2014, to the requirements for such alternatives. + (B) A review of the matters under subparagraph (A) by the + Director for Cost Estimating and Program Evaluation of the + National Nuclear Security Administration. + (b) Independent Study.-- + (1) In general.--The Administrator shall seek to enter into an + arrangement with the private scientific advisory group known as + JASON to conduct a study of the plan of the Administrator to + replace the W78 warhead. Such study shall include-- + (A) an assessment of the risks to certification; and + (B) the need for planned upgrades to such warhead. + (2) Submission.--Not later than 150 days after the date of the + enactment of this Act, the Administrator shall submit to the + congressional defense committees the study under paragraph (1), + without change. +SEC. 3136. INDEPENDENT REVIEW OF CAPABILITIES FOR DETECTION, +VERIFICATION, AND MONITORING OF NUCLEAR WEAPONS AND FISSILE MATERIAL. + (a) Plan.--Not later than 30 days after the date of the enactment +of this Act, the Secretary of Energy, in consultation with the +Secretary of Defense, shall seek to enter into a contract with the +National Academy of Sciences to conduct an independent review and +assessment of United States capabilities for detection, verification, +and monitoring of nuclear weapons and fissile material. + (b) Elements.--The review and assessment required by subsection (a) +shall include the following: + (1) An evaluation of the current national research enterprise + for detection, verification, and monitoring of nuclear weapons and + fissile material. + (2) Integration of roles, responsibilities, and planning for + such detection, verification, and monitoring within the Federal + Government. + (3) Opportunities to leverage the national research enterprise + to further prevent the proliferation of nuclear weapons and fissile + material, including with respect to policy, research and + development, and testing and evaluation. + (4) Opportunities for international engagement for building + cooperation and transparency, including bilateral and multilateral + efforts, to improve inspections, detection, and monitoring of + nuclear weapons and fissile material, and to create incentives for + such cooperation and transparency. + (5) Opportunities for new or expanded research and development + efforts to improve detection and monitoring of, and in-field + inspection and analysis capabilities with respect to, nuclear + weapons and fissile materials. + (6) Opportunities for improved coordination between departments + and agencies of the Federal Government and the military + departments, national laboratories, commercial industry, and + academia. + (7) Opportunities for leveraging commercial capabilities. + (c) Submission to Congress.-- + (1) In general.--Not later than one year after the date of the + enactment of this Act, the Secretary of Energy shall submit to the + congressional defense committees, without change, the findings of + the National Academy resulting from the review and assessment + conducted under subsection (a). + (2) Form.--The findings described in paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. +SEC. 3137. ASSESSMENT OF HIGH ENERGY DENSITY PHYSICS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall enter into an arrangement with the National Academies of Sciences, @@ -21558,73 +41719,263 @@ and the current status of research in the field of high energy density physics. (b) Elements.--The assessment conducted under subsection (a) shall include the following: - (1) Theoretical and computational modeling of high energy - density material phases, radiation-matter interactions, plasmas - atypical of astrophysical conditions, and conditions unique to - the National Nuclear Security Administration. - (2) The simulation of such phases, interactions, plasmas, - and conditions. - (3) Instrumentation and target fabrication. - (4) Workforce training. - (5) An assessment of advancements made by other countries - in high energy density physics. - (6) Such others items as are agreed upon by the - Administrator and the National Academies. + (1) Theoretical and computational modeling of high energy + density material phases, radiation-matter interactions, plasmas + atypical of astrophysical conditions, and conditions unique to the + National Nuclear Security Administration. + (2) The simulation of such phases, interactions, plasmas, and + conditions. + (3) Instrumentation and target fabrication. + (4) Workforce training. + (5) An assessment of advancements made by other countries in + high energy density physics. + (6) Such others items as are agreed upon by the Administrator + and the National Academies. (c) Applicability of Internal Controls.--The assessment under subsection (a) shall be conducted in accordance with the internal controls of the National Academies. (d) Report to Congress.--Not later than 18 months after entering -into the arrangement under subsection (a), the National Academy of +into the arrangement under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall submit to the congressional defense committees a report on the assessment conducted under that subsection. (e) High Energy Density Physics Defined.--In this section, the term ``high energy density physics'' means the physics of matter and radiation at-- - (1) energy densities exceeding 100,000,000,000 joules per - cubic meter; and - (2) other temperature and pressure ranges within the warm - dense matter regime. + (1) energy densities exceeding 100,000,000,000 joules per cubic + meter; and + (2) other temperature and pressure ranges within the warm dense + matter regime. +SEC. 3138. DETERMINATION OF EFFECT OF TREATY OBLIGATIONS WITH RESPECT +TO PRODUCING TRITIUM. + Not later than February 15, 2020, the Secretary of Energy shall-- + (1) determine whether the Agreement for Cooperation on the Uses + of Atomic Energy for Mutual Defense Purposes, signed at Washington, + July 3, 1958 (9 UST 1028), between the United States and the United + Kingdom, permits the United States to obtain low-enriched uranium + for the purposes of producing tritium in the United States; and + (2) submit to the congressional defense committees a report on + that determination. +SEC. 3139. TECHNICAL CORRECTIONS TO NATIONAL NUCLEAR SECURITY +ADMINISTRATION ACT AND ATOMIC ENERGY DEFENSE ACT. + (a) Definitions in National Nuclear Security Administration Act.-- +Section 3281(2)(A) of the National Nuclear Security Administration Act +(50 U.S.C. 2471(2)(A)) is amended by striking ``Plant'' and inserting +``National Security Campus''. + (b) Amendments to Atomic Energy Defense Act.-- + (1) Definitions.--Section 4002(9)(A) of the Atomic Energy + Defense Act (50 U.S.C. 2501(9)(A)) is amended striking ``Plant'' + and inserting ``National Security Campus''. + (2) Stockpile stewardship, management, and responsiveness + plan.--Section 4203 of the Atomic Energy Defense Act (50 U.S.C. + 2523) is amended-- + (A) in subsection (d)(4)(A)(ii), by striking ``quadrennial + defense review if such strategy has not been submitted'' and + inserting ``national defense strategy''; + (B) in subsection (e)(1)(A)(i), by striking ``or the most + recent quadrennial defense review, as applicable under + subsection (d)(4)(A), and the'' and inserting ``referred to in + subsection (d)(4)(A)(i), the most recent the national defense + strategy, and the most recent''; and + (C) in subsection (f)-- + (i) by striking paragraph (4); + (ii) by redesignating paragraph (3) as paragraph (4); + and + (iii) by inserting after paragraph (2) the following + new paragraph (3): + ``(3) The term `national defense strategy' means the review of + the defense programs and policies of the United States that is + carried out every four years under section 113(g) of title 10, + United States Code.''. + (3) Manufacturing infrastructure for nuclear weapons + stockpile.--Section 4212 of the Atomic Energy Defense Act (50 + U.S.C. 2532) is amended-- + (A) in subsection (a)(1), in the matter preceding + subparagraph (A), by inserting ``most recent'' before ``Nuclear + Posture Review''; and + (B) in subsection (b)-- + (i) in paragraph (2), by striking ``Plant'' and + inserting ``National Security Complex''; and + (ii) in paragraph (4), by striking ``Plant'' and + inserting ``National Security Campus, Kansas City, + Missouri''. + (4) Reports on life extension programs.-- + (A) In general.--Section 4216 of the Atomic Energy Defense + Act (50 U.S.C. 2536) is amended-- + (i) in the section heading, by striking ``lifetime'' + and inserting ``life''; and + (ii) by striking ``lifetime'' each place it appears and + inserting ``life''. + (B) Clerical amendment.--The table of contents for the + Atomic Energy Defense Act is amended by striking the item + relating to section 4216 and inserting the following new item: - TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD +``Sec. 4216. Reports on life extension programs.''. + + (5) Advice on safety, security, and reliability of nuclear + weapons stockpile.--Section 4218 of the Atomic Energy Defense Act + (50 U.S.C. 2538) is amended-- + (A) in subsection (d), by striking ``or the Commander of + the United States Strategic Command''; and + (B) in subsection (e)(1)-- + (i) by striking ``, a member of'' and all that follows + through ``Strategic Command'' and inserting ``or a member + of the Nuclear Weapons Council''; and + (ii) by striking ``, member, or Commander'' and + inserting ``or member''. + (6) Life-cycle cost estimates.--Section 4714(a) of the Atomic + Energy Defense Act (50 U.S.C. 2754(a)) is amended-- + (A) by striking ``413.3'' and inserting ``413.3B''; and + (B) by inserting ``, or a successor order,'' after + ``assets)''. + (7) Unfunded priorities.-- + (A) In general.--Section 4716 of the Atomic Energy Defense + Act (50 U.S.C. 2756) is amended in the section heading by + striking ``national nuclear security administration'' and + inserting ``administration''. + (B) Clerical amendment.--The table of contents for the + Atomic Energy Defense Act is amended by striking the item + relating to section 4716 and inserting the following new item: + +``Sec. 4716. Unfunded priorities of the Administration.''. -SEC. 3201. AUTHORIZATION. + (8) Reviews of capital assets acquisition projects.--Section + 4733(d)(3)(B) of the Atomic Energy Defense Act (50 U.S.C. + 2773(d)(3)(B)) is amended by striking ``413.3'' and inserting + ``413.3B''. + TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD + +Sec. 3201. Authorization. +Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board. +Sec. 3203. Membership of Defense Nuclear Facilities Safety Board. +SECTION 3201. AUTHORIZATION. There are authorized to be appropriated for fiscal year 2020, $29,450,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). - -SEC. 3202. IMPROVEMENT OF MANAGEMENT AND ORGANIZATION OF DEFENSE - NUCLEAR FACILITIES SAFETY BOARD. - - (a) Provision of Information to Board.--Subsection (c) of section -311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is amended-- - (1) in paragraph (2), by striking ``paragraphs (5), (6), +SEC. 3202. IMPROVEMENTS TO DEFENSE NUCLEAR FACILITIES SAFETY BOARD. + (a) Staff.-- + (1) Executive director of operations.-- + (A) Establishment of position.--Subsection (b) of section + 313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is + amended by adding at the end the following new paragraph: + ``(3)(A) The Board shall have an Executive Director of Operations +who shall be appointed under section 311(c)(6). + ``(B) The Executive Director of Operations shall report to the +Chairman. + ``(C) The Executive Director of Operations shall be the senior +employee of the Board responsible for-- + ``(i) general administration and technical matters; + ``(ii) ensuring that the members of the Board are fully and + currently informed with respect to matters for which the members + are responsible; and + ``(iii) the functions delegated by the Chairman pursuant to + section 311(c)(3)(B).''. + (B) Delegation of functions.--Paragraph (3) of section + 311(c) of such Act (42 U.S.C. 2286(c)) is amended-- + (i) by striking ``The Chairman'' and inserting ``(A) + The Chairman''; and + (ii) by adding at the end the following new + subparagraph: + ``(B) In carrying out subparagraph (A), the Chairman shall delegate +to the Executive Director of Operations established under section +313(b)(3) the following functions: + ``(i) Administrative functions of the Board. + ``(ii) Appointment and supervision of employees of the Board + not specified under paragraph (6). + ``(iii) Distribution of business among the employees and + administrative units and offices of the Board. + ``(iv) Preparation of-- + ``(I) proposals for the reorganization of the + administrative units or offices of the Board; + ``(II) the budget estimate for the Board; and + ``(III) the proposed distribution of funds according to + purposes approved by the Board.''. + (2) Provision of information to board.--Such section 311(c), as + amended by paragraph (1)(B), is further amended-- + (A) in paragraph (2), by striking ``paragraphs (5), (6), and (7)'' and inserting ``paragraphs (5) and (6)''; - (2) by striking paragraph (6); and - (3) by redesignating paragraph (7) as paragraph (6). - (b) Executive Director for Operations.--Paragraph (6) of such -subsection, as redesignated by subsection (a)(3), is further amended in -subparagraph (C)-- - (1) by redesignating clauses (i), (ii), and (iii) as - clauses (ii), (iii), and (iv), respectively; and - (2) by inserting before clause (ii), as redesignated by - paragraph (1), the following new clause (i): - ``(i) The executive director for operations, who shall - report directly to the Chairman.''. - (c) Organization of Staff of Board.--Section 313(b) of such Act (42 -U.S.C. 2286b(b)) is amended-- - (1) in paragraph (1)(A), by striking ``section 311(c)(7)'' + (B) by striking paragraph (6); and + (C) by redesignating paragraph (7) as paragraph (6). + (3) Appointment and removal powers.--Paragraph (6) of such + section 311(c), as redesignated by paragraph (2)(C), is amended to + read as follows: + ``(6)(A) The Chairman, subject to the approval of the Board, shall +appoint the senior employees described in subparagraph (C). Any member +of the Board may propose to the Chairman an individual to be so +appointed. + ``(B) The Chairman, subject to the approval of the Board, may +remove a senior employee described in subparagraph (C). Any member of +the Board may propose to the Chairman an individual to be so removed. + ``(C) The senior employees described in this subparagraph are the +following senior employees of the Board: + ``(i) The Executive Director of Operations established under + section 313(b)(3). + ``(ii) The general counsel.''. + (4) Organization of staff of board.--Section 313(b) of such + Act, as amended by paragraph (1)(A), is further amended-- + (A) in paragraph (1)(A), by striking ``section 311(c)(7)'' and inserting ``section 311(c)(6)''; and - (2) by adding at the end the following new paragraph: - ``(3) Subject to the approval of the Board, the Chairman may + (B) by adding at the end the following new paragraph: + ``(4) Subject to the approval of the Board, the Chairman may organize the staff of the Board as the Chairman considers appropriate to best accomplish the mission of the Board described in section 312(a).''. - + (5) Temporary personnel levels.--During fiscal year 2020, the + Defense Nuclear Facilities Safety Board shall employ not fewer than + the equivalent of 100 full-time employees. + (b) Public Health and Safety.--Section 312(a) of such Act (42 +U.S.C. 2286a(a)) is amended by inserting before the period at the end +the following: ``, including with respect to the health and safety of +employees and contractors at such facilities''. + (c) Access to Facilities, Personnel, and Information.--Section 314 +of such Act (42 U.S.C. 2286c) is amended-- + (1) in subsection (a)-- + (A) by striking ``The Secretary of Energy'' and inserting + ``Except as specifically provided by this section, the + Secretary of Energy''; + (B) by striking ``ready access'' both places it appears and + inserting ``prompt and unfettered access''; and + (C) by adding at the end the following new sentence: ``The + access provided to defense nuclear facilities, personnel, and + information under this subsection shall be provided without + regard to the hazard or risk category assigned to a facility by + the Secretary.''; and + (2) by striking subsection (b) and inserting the following new + subsections: + ``(b) Authority of Secretary to Deny Information.--(1) The +Secretary may deny access to information under subsection (a) only to +any person who-- + ``(A) has not been granted an appropriate security clearance or + access authorization by the Secretary; or + ``(B) does not need such access in connection with the duties + of such person. + ``(2) If the Board requests access to information under subsection +(a) in written form, and the Secretary denies access to such +information pursuant to paragraph (1)-- + ``(A) the Secretary shall provide the Board notice of such + denial in written form; and + ``(B) not later than January 1 and July 1 of each year + beginning in 2020-- + ``(i) the Board shall submit to the congressional defense + committees a report identifying each request for access to + information under subsection (a) submitted to the Secretary in + written form during the preceding six-month period and denied + by the Secretary; and + ``(ii) the Secretary shall submit to the congressional + defense committees a report identifying-- + ``(I) each such request denied by the Secretary during + that period; and + ``(II) the reason for the denial. + ``(3) In this subsection, the term `congressional defense +committees' has the meaning given that term in section 101(a) of title +10, United States Code. + ``(c) Application of Nondisclosure Protections by Board.--The Board +may not publicly disclose information provided under this section if +such information is otherwise protected from disclosure by law, +including deliberative process information.''. SEC. 3203. MEMBERSHIP OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD. - (a) List of Candidates for Nomination.--Subsection (b) of section 311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is amended by adding at the end the following new paragraph: @@ -21634,31 +41985,40 @@ maintain a list of individuals who meet the qualifications described in paragraph (1) to assist the President in selecting individuals to nominate for positions as members of the Board.''. (b) Terms of Members.-- - (1) In general.--Subsection (d) of such section is - amended-- - (A) in paragraph (1), by striking the second - sentence and inserting the following new sentence: ``A - member of the Board may not serve for two consecutive - terms.''; and - (B) in paragraph (3), by striking the second - sentence and inserting the following new sentence: ``A - member may not serve after the expiration of the - member's term.''. - (2) Effective date.--The amendments made by paragraph (1) - shall take effect on April 1, 2020. + (1) In general.--Subsection (d) of such section is amended-- + (A) in paragraph (1), by striking the second sentence and + inserting the following new sentences: ``A member may be + reappointed for a second term only if the member was confirmed + by the Senate more than two years into the member's first term. + A member may not be reappointed for a third term.''; and + (B) in paragraph (3)-- + (i) by striking ``Any member'' and inserting ``(A) Any + member''; + (ii) by striking the second sentence; and + (iii) by adding at the end the following new + subparagraph: + ``(B) A member may not serve after the expiration of the member's +term, unless the departure of the member would result in the loss of a +quorum for the Board. If more than one member is serving after the +expiration of the member's term and a new member is appointed to the +Board so that one of the members serving after the expiration of the +member's term is no longer necessary to maintain a quorum, the member +whose term expired first may no longer serve on the Board.''. + (2) Effective date.--The amendments made by paragraph (1) shall + take effect on the date that is one year after the date of the + enactment of this Act. (c) Filling Vacancies.--Such subsection is further amended by adding at the end the following new paragraph: ``(4)(A) Not later than 180 days after the expiration of the term of a member of the Board, the President shall-- - ``(i) submit to the Senate the nomination of an individual - to fill the vacancy; or - ``(ii) submit to the Committee on Armed Services of the - Senate a report that includes-- - ``(I) a description of the reasons the President - did not submit such a nomination; and - ``(II) a plan for submitting such a nomination - during the 90-day period following the submission of - the report. + ``(i) submit to the Senate the nomination of an individual to + fill the vacancy; or + ``(ii) submit to the Committee on Armed Services of the Senate + a report that includes-- + ``(I) a description of the reasons the President did not + submit such a nomination; and + ``(II) a plan for submitting such a nomination during the + 90-day period following the submission of the report. ``(B) If the President does not submit to the Senate the nomination of an individual to fill a vacancy during the 90-day period described in subclause (II) of subparagraph (A)(ii), the President shall submit @@ -21666,19773 +42026,11426 @@ to the Committee on Armed Services a report described in that subparagraph not less frequently than every 90 days until the President submits such a nomination.''. - TITLE XXXV--MARITIME ADMINISTRATION - -SEC. 3501. MARITIME ADMINISTRATION. - - Section 109 of title 49, United States Code, is amended to read as -follows: -``Sec. 109. Maritime Administration - ``(a) Organization and Mission.--The Maritime Administration is an -administration in the Department of Transportation. The mission of the -Maritime Administration is to foster, promote, and develop the merchant -maritime industry of the United States. - ``(b) Maritime Administrator.--The head of the Maritime -Administration is the Maritime Administrator, who is appointed by the -President by and with the advice and consent of the Senate. The -Administrator shall report directly to the Secretary of Transportation -and carry out the duties prescribed by the Secretary. - ``(c) Deputy Maritime Administrator.--The Maritime Administration -shall have a Deputy Maritime Administrator, who is appointed in the -competitive service by the Secretary, after consultation with the -Administrator. The Deputy Administrator shall carry out the duties -prescribed by the Administrator. The Deputy Administrator shall be -Acting Administrator during the absence or disability of the -Administrator and, unless the Secretary designates another individual, -during a vacancy in the office of Administrator. - ``(d) Duties and Powers Vested in Secretary.--All duties and powers -of the Maritime Administration are vested in the Secretary. - ``(e) Regional Offices.--The Maritime Administration shall have -regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port -ranges, and may have other regional offices as necessary. The Secretary -shall appoint a qualified individual as Director of each regional -office. The Secretary shall carry out appropriate activities and -programs of the Maritime Administration through the regional offices. - ``(f) Interagency and Industry Relations.--The Secretary shall -establish and maintain liaison with other agencies, and with -representative trade organizations throughout the United States, -concerned with the transportation of commodities by water in the export -and import foreign commerce of the United States, for the purpose of -securing preference to vessels of the United States for the -transportation of those commodities. - ``(g) Detailing Officers From Armed Forces.--To assist the -Secretary in carrying out duties and powers relating to the Maritime -Administration, not more than five officers of the Armed Forces may be -detailed to the Secretary at any one time, in addition to details -authorized by any other law. During the period of a detail, the -Secretary shall pay the officer an amount that, when added to the -officer's pay and allowances as an officer in the Armed Forces, makes -the officer's total pay and allowances equal to the amount that would -be paid to an individual performing work the Secretary considers to be -of similar importance, difficulty, and responsibility as that performed -by the officer during the detail. - ``(h) Contracts, Cooperative Agreements, and Audits.-- - ``(1) Contracts and cooperative agreements.--In the same - manner that a private corporation may make a contract within - the scope of its authority under its charter, the Secretary may - make contracts and cooperative agreements for the United States - Government and disburse amounts to-- - ``(A) carry out the Secretary's duties and powers - under this section, subtitle V of title 46, and all - other Maritime Administration programs; and - ``(B) protect, preserve, and improve collateral - held by the Secretary to secure indebtedness. - ``(2) Audits.--The financial transactions of the Secretary - under paragraph (1) shall be audited by the Comptroller - General. The Comptroller General shall allow credit for an - expenditure shown to be necessary because of the nature of the - business activities authorized by this section or subtitle V of - title 46. At least once a year, the Comptroller General shall - report to Congress any departure by the Secretary from this - section or subtitle V of title 46. - ``(i) Grant Administrative Expenses.--Except as otherwise provided -by law, the administrative and related expenses for the administration -of any grant programs by the Maritime Administrator may not exceed 3 -percent. - ``(j) Authorization of Appropriations.-- - ``(1) In general.--Except as otherwise provided in this - subsection, there are authorized to be appropriated such - amounts as may be necessary to carry out the duties and powers - of the Secretary relating to the Maritime Administration. - ``(2) Limitations.--Only those amounts specifically - authorized by law may be appropriated for the use of the - Maritime Administration for-- - ``(A) acquisition, construction, or reconstruction - of vessels; - ``(B) construction-differential subsidies incident - to the construction, reconstruction, or reconditioning - of vessels; - ``(C) costs of national defense features; - ``(D) payments of obligations incurred for - operating-differential subsidies; - ``(E) expenses necessary for research and - development activities, including reimbursement of the - Vessel Operations Revolving Fund for losses resulting - from expenses of experimental vessel operations; - ``(F) the Vessel Operations Revolving Fund; - ``(G) National Defense Reserve Fleet expenses; - ``(H) expenses necessary to carry out part B of - subtitle V of title 46; and - ``(I) other operations and training expenses - related to the development of waterborne transportation - systems, the use of waterborne transportation systems, - and general administration.''. - - DIVISION D--FUNDING TABLES + TITLE XXXIV--NAVAL PETROLEUM RESERVES + +Sec. 3401. Authorization of appropriations. +SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. + (a) Amount.--There are hereby authorized to be appropriated to the +Secretary of Energy $14,000,000 for fiscal year 2020 for the purpose of +carrying out activities under chapter 869 of title 10, United States +Code, relating to the naval petroleum reserves. + (b) Period of Availability.--Funds appropriated pursuant to the +authorization of appropriations in subsection (a) shall remain +available until expended. + + TITLE XXXV--MARITIME MATTERS + + Subtitle A--Maritime Administration + +Sec. 3501. Authorization of the Maritime Administration. +Sec. 3502. Reauthorization of Maritime Security Program. +Sec. 3503. Maritime technical assistance program. +Sec. 3504. Appointment of candidates attending sponsored preparatory + school. +Sec. 3505. General support program. +Sec. 3506. Improvements to the maritime guaranteed loan program. +Sec. 3507. Requirement for small shipyard grantees. +Sec. 3508. Salvage recoveries of cargoes. +Sec. 3509. Salvage recoveries for subrogated ownership of vessels and + cargoes. +Sec. 3510. Maritime Occupational Safety and Health Advisory Committee. +Sec. 3511. Military to mariner. +Sec. 3512. Department of Transportation Inspector General Report. +Sec. 3513. Independent study on the United States Merchant Marine + Academy. +Sec. 3514. Port operations, research, and technology. +Sec. 3515. Assessment and report on strategic seaports. +Sec. 3516. Technical corrections. +Sec. 3517. United States Merchant Marine Academy sexual assault + prevention and response program. +Sec. 3518. Report on vessels for emerging offshore energy + infrastructure. +Sec. 3519. Report on United States flagged fuel tanker vessel capacity. + + Subtitle B--Cable Security Fleet + +Sec. 3521. Establishment of Cable Security Fleet. + + Subtitle C--Maritime SAFE Act + +Sec. 3531. Short titles. +Sec. 3532. Definitions. +Sec. 3533. Purposes. +Sec. 3534. Statement of policy. + + Part I--Programs to Combat IUU Fishing and Increase Maritime Security + +Sec. 3541. Coordination with international organizations. +Sec. 3542. Engagement of diplomatic missions of the United States. +Sec. 3543. Assistance by Federal agencies to improve law enforcement + within priority regions and priority flag states. +Sec. 3544. Expansion of existing mechanisms to combat IUU fishing. +Sec. 3545. Improvement of transparency and traceability programs. +Sec. 3546. Technology programs. +Sec. 3547. Savings clause. + + Part II--Establishment of Interagency Working Group on IUU Fishing + +Sec. 3551. Interagency Working Group on IUU Fishing. +Sec. 3552. Strategic plan. +Sec. 3553. Reports. +Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group. + + Part III--Combating Human Trafficking in Connection With the Catching + and Processing of Seafood Products -SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. +Sec. 3561. Finding. +Sec. 3562. Adding the Secretary of Commerce to the Interagency Task + Force to Monitor and Combat Trafficking. +Sec. 3563. Human trafficking in the seafood supply chain report. - (a) In General.--Whenever a funding table in this division -specifies a dollar amount authorized for a project, program, or -activity, the obligation and expenditure of the specified dollar amount -for the project, program, or activity is hereby authorized, subject to -the availability of appropriations. - (b) Merit-based Decisions.--A decision to commit, obligate, or -expend funds with or to a specific entity on the basis of a dollar -amount authorized pursuant to subsection (a) shall-- - (1) be based on merit-based selection procedures in - accordance with the requirements of sections 2304(k) and 2374 - of title 10, United States Code, or on competitive procedures; - and - (2) comply with other applicable provisions of law. - (c) Relationship to Transfer and Programming Authority.--An amount -specified in the funding tables in this division may be transferred or -reprogrammed under a transfer or reprogramming authority provided by -another provision of this Act or by other law. The transfer or -reprogramming of an amount specified in such funding tables shall not -count against a ceiling on such transfers or reprogrammings under -section 1001 or section 1522 of this Act or any other provision of law, -unless such transfer or reprogramming would move funds between -appropriation accounts. - (d) Applicability to Classified Annex.--This section applies to any -classified annex that accompanies this Act. - (e) Oral Written Communications.--No oral or written communication -concerning any amount specified in the funding tables in this division -shall supersede the requirements of this section. + Part IV--Authorization of Appropriations - TITLE XLI--PROCUREMENT +Sec. 3571. Authorization of appropriations. +Sec. 3572. Accounting of funds. -SEC. 4101. PROCUREMENT. + Subtitle A--Maritime Administration ------------------------------------------------------------------------- - SEC. 4101. PROCUREMENT (In Thousands of Dollars) -------------------------------------------------------------------------- - FY 2020 Senate - Line Item Request Authorized ------------------------------------------------------------------------- - AIRCRAFT PROCUREMENT, ARMY - FIXED WING - 2 UTILITY F/W AIRCRAFT............ 16,000 0 - Program zeroed out in FYDP.. [-16,000] - 4 RQ-11 (RAVEN)................... 23,510 23,510 - ROTARY - 5 TACTICAL UNMANNED AIRCRAFT 12,100 12,100 - SYSTEM (TUAS).................. - 8 AH-64 APACHE BLOCK IIIA REMAN... 806,849 806,849 - 9 AH-64 APACHE BLOCK IIIA REMAN AP 190,870 190,870 - 10 AH-64 APACHE BLOCK IIIB NEW 0 105,000 - BUILD.......................... - Increase fielding for Active [105,000] - and ARNG units.............. - 12 UH-60 BLACKHAWK M MODEL (MYP)... 1,411,540 1,271,540 - Funding ahead of acquisition [-140,000] - strategy.................... - 13 UH-60 BLACKHAWK M MODEL (MYP) AP 79,572 79,572 - 14 UH-60 BLACK HAWK L AND V MODELS. 169,290 204,290 - Increase fielding for ARNG [35,000] - units....................... - 15 CH-47 HELICOPTER................ 140,290 140,290 - 16 CH-47 HELICOPTER AP............. 18,186 18,186 - MODIFICATION OF AIRCRAFT - 19 UNIVERSAL GROUND CONTROL 2,090 2,090 - EQUIPMENT (UAS)................ - 20 GRAY EAGLE MODS2................ 14,699 14,699 - 21 MULTI SENSOR ABN RECON (MIP).... 35,189 35,189 - 22 AH-64 MODS...................... 58,172 58,172 - 23 CH-47 CARGO HELICOPTER MODS 11,785 11,785 - (MYP).......................... - 24 GRCS SEMA MODS (MIP)............ 5,677 5,677 - 25 ARL SEMA MODS (MIP)............. 6,566 6,566 - 26 EMARSS SEMA MODS (MIP).......... 3,859 3,859 - 27 UTILITY/CARGO AIRPLANE MODS..... 15,476 15,476 - 28 UTILITY HELICOPTER MODS......... 6,744 6,744 - 29 NETWORK AND MISSION PLAN........ 105,442 105,442 - 30 COMMS, NAV SURVEILLANCE......... 164,315 164,315 - 32 GATM ROLLUP..................... 30,966 30,966 - 33 RQ-7 UAV MODS................... 8,983 8,983 - 34 UAS MODS........................ 10,205 10,205 - GROUND SUPPORT AVIONICS - 35 AIRCRAFT SURVIVABILITY EQUIPMENT 52,297 52,297 - 36 SURVIVABILITY CM................ 8,388 8,388 - 37 CMWS............................ 13,999 13,999 - 38 COMMON INFRARED COUNTERMEASURES 168,784 168,784 - (CIRCM)........................ - OTHER SUPPORT - 39 AVIONICS SUPPORT EQUIPMENT...... 1,777 1,777 - 40 COMMON GROUND EQUIPMENT......... 18,624 18,624 - 41 AIRCREW INTEGRATED SYSTEMS...... 48,255 48,255 - 42 AIR TRAFFIC CONTROL............. 32,738 32,738 - 44 LAUNCHER, 2.75 ROCKET........... 2,201 2,201 - 45 LAUNCHER GUIDED MISSILE: LONGBOW 991 991 - HELLFIRE XM2................... - TOTAL AIRCRAFT PROCUREMENT, ARMY 3,696,429 3,680,429 - - MISSILE PROCUREMENT, ARMY - SURFACE-TO-AIR MISSILE SYSTEM - 1 SYSTEM INTEGRATION AND TEST 0 113,857 - PROCUREMENT.................... - Transfer back to base [113,857] - funding..................... - 2 M-SHORAD--PROCUREMENT........... 0 103,800 - Transfer back to base [103,800] - funding..................... - 3 MSE MISSILE..................... 0 698,603 - Transfer back to base [698,603] - funding..................... - 4 INDIRECT FIRE PROTECTION 0 239,237 - CAPABILITY INC 2-I............. - Full funding of Iron Dome [229,900] - battery..................... - Transfer back to base [9,337] - funding..................... - 5 THAAD........................... 0 425,900 - THAAD program transfer from [425,900] - MDA......................... - AIR-TO-SURFACE MISSILE SYSTEM - 6 HELLFIRE SYS SUMMARY............ 0 193,284 - Transfer back to base [193,284] - funding..................... - 7 JOINT AIR-TO-GROUND MSLS (JAGM). 0 233,353 - Transfer back to base [233,353] - funding..................... - ANTI-TANK/ASSAULT MISSILE SYS - 8 JAVELIN (AAWS-M) SYSTEM SUMMARY. 0 138,405 - Transfer back to base [138,405] - funding..................... - 9 TOW 2 SYSTEM SUMMARY............ 0 114,340 - Transfer back to base [114,340] - funding..................... - 10 TOW 2 SYSTEM SUMMARY AP......... 0 10,500 - Transfer back to base [10,500] - funding..................... - 11 GUIDED MLRS ROCKET (GMLRS)...... 0 797,213 - Transfer back to base [797,213] - funding..................... - 12 MLRS REDUCED RANGE PRACTICE 0 27,555 - ROCKETS (RRPR)................. - Transfer back to base [27,555] - funding..................... - 14 ARMY TACTICAL MSL SYS (ATACMS)-- 0 209,842 - SYS SUM........................ - Transfer back to base [209,842] - funding..................... - MODIFICATIONS - 16 PATRIOT MODS.................... 0 279,464 - Transfer back to base [279,464] - funding..................... - 17 ATACMS MODS..................... 0 85,320 - Transfer back to base [85,320] - funding..................... - 18 GMLRS MOD....................... 0 5,094 - Transfer back to base [5,094] - funding..................... - 19 STINGER MODS.................... 0 81,615 - Transfer back to base [81,615] - funding..................... - 20 AVENGER MODS.................... 0 14,107 - Transfer back to base [14,107] - funding..................... - 21 ITAS/TOW MODS................... 0 3,469 - Transfer back to base [3,469] - funding..................... - 22 MLRS MODS....................... 0 39,019 - Transfer back to base [39,019] - funding..................... - 23 HIMARS MODIFICATIONS............ 0 12,483 - Transfer back to base [12,483] - funding..................... - SPARES AND REPAIR PARTS - 24 SPARES AND REPAIR PARTS......... 0 26,444 - Transfer back to base [26,444] - funding..................... - SUPPORT EQUIPMENT & FACILITIES - 25 AIR DEFENSE TARGETS............. 0 10,593 - Transfer back to base [10,593] - funding..................... - TOTAL MISSILE PROCUREMENT, ARMY. 0 3,863,497 - - PROCUREMENT OF W&TCV, ARMY - TRACKED COMBAT VEHICLES - 2 ARMORED MULTI PURPOSE VEHICLE 264,040 264,040 - (AMPV)......................... - MODIFICATION OF TRACKED COMBAT - VEHICLES - 3 STRYKER (MOD)................... 144,387 393,587 - UPL Stryker lethality 30 mm [249,200] - cannon...................... - 4 STRYKER UPGRADE................. 550,000 550,000 - 5 BRADLEY PROGRAM (MOD)........... 638,781 598,781 - Excess to need due to [-40,000] - termination of subprogram... - 6 M109 FOV MODIFICATIONS.......... 25,756 25,756 - 7 PALADIN INTEGRATED MANAGEMENT 553,425 553,425 - (PIM).......................... - 9 ASSAULT BRIDGE (MOD)............ 2,821 2,821 - 10 ASSAULT BREACHER VEHICLE........ 31,697 31,697 - 11 M88 FOV MODS.................... 4,500 4,500 - 12 JOINT ASSAULT BRIDGE............ 205,517 205,517 - 13 M1 ABRAMS TANK (MOD)............ 348,800 348,800 - 14 ABRAMS UPGRADE PROGRAM.......... 1,752,784 1,717,784 - Early to need............... [-35,000] - WEAPONS & OTHER COMBAT VEHICLES - 16 MULTI-ROLE ANTI-ARMOR ANTI- 19,420 19,420 - PERSONNEL WEAPON S............. - 17 GUN AUTOMATIC 30MM M230......... 20,000 20,000 - 19 MORTAR SYSTEMS.................. 14,907 14,907 - 20 XM320 GRENADE LAUNCHER MODULE 191 191 - (GLM).......................... - 21 PRECISION SNIPER RIFLE.......... 7,977 7,977 - 22 COMPACT SEMI-AUTOMATIC SNIPER 9,860 9,860 - SYSTEM......................... - 23 CARBINE......................... 30,331 30,331 - 24 SMALL ARMS--FIRE CONTROL........ 8,060 8,060 - 25 COMMON REMOTELY OPERATED WEAPONS 24,007 24,007 - STATION........................ - 26 HANDGUN......................... 6,174 6,174 - MOD OF WEAPONS AND OTHER COMBAT - VEH - 28 MK-19 GRENADE MACHINE GUN MODS.. 3,737 3,737 - 29 M777 MODS....................... 2,367 2,367 - 30 M4 CARBINE MODS................. 17,595 17,595 - 33 M240 MEDIUM MACHINE GUN MODS.... 8,000 8,000 - 34 SNIPER RIFLES MODIFICATIONS..... 2,426 2,426 - 35 M119 MODIFICATIONS.............. 6,269 6,269 - 36 MORTAR MODIFICATION............. 1,693 1,693 - 37 MODIFICATIONS LESS THAN $5.0M 4,327 4,327 - (WOCV-WTCV).................... - SUPPORT EQUIPMENT & FACILITIES - 38 ITEMS LESS THAN $5.0M (WOCV- 3,066 3,066 - WTCV).......................... - 39 PRODUCTION BASE SUPPORT (WOCV- 2,651 2,651 - WTCV).......................... - TOTAL PROCUREMENT OF W&TCV, ARMY 4,715,566 4,889,766 - - PROCUREMENT OF AMMUNITION, ARMY - SMALL/MEDIUM CAL AMMUNITION - 1 CTG, 5.56MM, ALL TYPES.......... 0 68,949 - Transfer back to base [68,949] - funding..................... - 2 CTG, 7.62MM, ALL TYPES.......... 0 114,228 - Transfer back to base [114,228] - funding..................... - 3 CTG, HANDGUN, ALL TYPES......... 0 17,807 - Transfer back to base [17,807] - funding..................... - 4 CTG, .50 CAL, ALL TYPES......... 0 63,966 - Transfer back to base [63,966] - funding..................... - 5 CTG, 20MM, ALL TYPES............ 0 35,920 - Transfer back to base [35,920] - funding..................... - 6 CTG, 25MM, ALL TYPES............ 0 8,990 - Transfer back to base [8,990] - funding..................... - 7 CTG, 30MM, ALL TYPES............ 0 68,813 - Transfer back to base [68,813] - funding..................... - 8 CTG, 40MM, ALL TYPES............ 0 103,952 - Transfer back to base [103,952] - funding..................... - MORTAR AMMUNITION - 9 60MM MORTAR, ALL TYPES.......... 0 50,580 - Transfer back to base [50,580] - funding..................... - 10 81MM MORTAR, ALL TYPES.......... 0 59,373 - Transfer back to base [59,373] - funding..................... - 11 120MM MORTAR, ALL TYPES......... 0 125,452 - Transfer back to base [125,452] - funding..................... - TANK AMMUNITION - 12 CARTRIDGES, TANK, 105MM AND 0 171,284 - 120MM, ALL TYPES............... - Transfer back to base [171,284] - funding..................... - ARTILLERY AMMUNITION - 13 ARTILLERY CARTRIDGES, 75MM & 0 44,675 - 105MM, ALL TYPES............... - Transfer back to base [44,675] - funding..................... - 14 ARTILLERY PROJECTILE, 155MM, ALL 0 266,037 - TYPES.......................... - Transfer back to base [266,037] - funding..................... - 15 PROJ 155MM EXTENDED RANGE M982.. 0 57,434 - Transfer back to base [57,434] - funding..................... - 16 ARTILLERY PROPELLANTS, FUZES AND 0 271,602 - PRIMERS, ALL................... - Transfer back to base [271,602] - funding..................... - MINES - 17 MINES & CLEARING CHARGES, ALL 0 55,433 - TYPES.......................... - Transfer back to base [55,433] - funding..................... - ROCKETS - 18 SHOULDER LAUNCHED MUNITIONS, ALL 0 74,878 - TYPES.......................... - Transfer back to base [74,878] - funding..................... - 19 ROCKET, HYDRA 70, ALL TYPES..... 0 175,994 - Transfer back to base [175,994] - funding..................... - OTHER AMMUNITION - 20 CAD/PAD, ALL TYPES.............. 0 7,595 - Transfer back to base [7,595] - funding..................... - 21 DEMOLITION MUNITIONS, ALL TYPES. 0 51,651 - Transfer back to base [51,651] - funding..................... - 22 GRENADES, ALL TYPES............. 0 40,592 - Transfer back to base [40,592] - funding..................... - 23 SIGNALS, ALL TYPES.............. 0 18,609 - Transfer back to base [18,609] - funding..................... - 24 SIMULATORS, ALL TYPES........... 0 16,054 - Transfer back to base [16,054] - funding..................... - MISCELLANEOUS - 25 AMMO COMPONENTS, ALL TYPES...... 0 5,261 - Transfer back to base [5,261] - funding..................... - 26 NON-LETHAL AMMUNITION, ALL TYPES 0 715 - Transfer back to base [715] - funding..................... - 27 ITEMS LESS THAN $5 MILLION 0 9,213 - (AMMO)......................... - Transfer back to base [9,213] - funding..................... - 28 AMMUNITION PECULIAR EQUIPMENT... 0 10,044 - Transfer back to base [10,044] - funding..................... - 29 FIRST DESTINATION TRANSPORTATION 0 18,492 - (AMMO)......................... - Transfer back to base [18,492] - funding..................... - 30 CLOSEOUT LIABILITIES............ 0 99 - Transfer back to base [99] - funding..................... - PRODUCTION BASE SUPPORT - 31 INDUSTRIAL FACILITIES........... 0 474,511 - Transfer back to base [474,511] - funding..................... - 32 CONVENTIONAL MUNITIONS 0 202,512 - DEMILITARIZATION............... - Transfer back to base [202,512] - funding..................... - 33 ARMS INITIATIVE................. 0 3,833 - Transfer back to base [3,833] - funding..................... - TOTAL PROCUREMENT OF AMMUNITION, 0 2,694,548 - ARMY........................... - - OTHER PROCUREMENT, ARMY - TACTICAL VEHICLES - 1 TACTICAL TRAILERS/DOLLY SETS.... 12,993 12,993 - 2 SEMITRAILERS, FLATBED:.......... 102,386 102,386 - 3 AMBULANCE, 4 LITTER, 5/4 TON, 127,271 127,271 - 4X4............................ - 4 GROUND MOBILITY VEHICLES (GMV).. 37,038 37,038 - 6 JOINT LIGHT TACTICAL VEHICLE.... 996,007 956,507 - Army requested realignment.. [-4,500] - Early to need............... [-35,000] - 7 TRUCK, DUMP, 20T (CCE).......... 10,838 10,838 - 8 FAMILY OF MEDIUM TACTICAL VEH 72,057 72,057 - (FMTV)......................... - 9 FIRETRUCKS & ASSOCIATED 28,048 28,048 - FIREFIGHTING EQUIP............. - 10 FAMILY OF HEAVY TACTICAL 9,969 9,969 - VEHICLES (FHTV)................ - 11 PLS ESP......................... 6,280 6,280 - 12 HVY EXPANDED MOBILE TACTICAL 30,841 30,841 - TRUCK EXT SERV................. - 13 HMMWV RECAPITALIZATION PROGRAM.. 5,734 5,734 - 14 TACTICAL WHEELED VEHICLE 45,113 45,113 - PROTECTION KITS................ - 15 MODIFICATION OF IN SVC EQUIP.... 58,946 58,946 - NON-TACTICAL VEHICLES - 17 HEAVY ARMORED VEHICLE........... 791 791 - 18 PASSENGER CARRYING VEHICLES..... 1,416 1,416 - 19 NONTACTICAL VEHICLES, OTHER..... 29,891 29,891 - COMM--JOINT COMMUNICATIONS - 21 SIGNAL MODERNIZATION PROGRAM.... 153,933 153,933 - 22 TACTICAL NETWORK TECHNOLOGY MOD 387,439 387,439 - IN SVC......................... - 23 SITUATION INFORMATION TRANSPORT. 46,693 46,693 - 25 JCSE EQUIPMENT (USRDECOM)....... 5,075 5,075 - COMM--SATELLITE COMMUNICATIONS - 28 DEFENSE ENTERPRISE WIDEBAND 101,189 101,189 - SATCOM SYSTEMS................. - 29 TRANSPORTABLE TACTICAL COMMAND 77,141 77,141 - COMMUNICATIONS................. - 30 SHF TERM........................ 16,054 16,054 - 31 ASSURED POSITIONING, NAVIGATION 41,074 41,074 - AND TIMING..................... - 32 SMART-T (SPACE)................. 10,515 10,515 - 33 GLOBAL BRDCST SVC--GBS.......... 11,800 11,800 - 34 ENROUTE MISSION COMMAND (EMC)... 8,609 8,609 - COMM--C3 SYSTEM - 38 COE TACTICAL SERVER 77,533 77,533 - INFRASTRUCTURE (TSI)........... - COMM--COMBAT COMMUNICATIONS - 39 HANDHELD MANPACK SMALL FORM FIT 468,026 468,026 - (HMS).......................... - 40 RADIO TERMINAL SET, MIDS LVT(2). 23,778 23,778 - 44 SPIDER FAMILY OF NETWORKED 10,930 10,930 - MUNITIONS INCR................. - 46 UNIFIED COMMAND SUITE........... 9,291 9,291 - 47 COTS COMMUNICATIONS EQUIPMENT... 55,630 55,630 - 48 FAMILY OF MED COMM FOR COMBAT 16,590 16,590 - CASUALTY CARE.................. - 49 ARMY COMMUNICATIONS & 43,457 43,457 - ELECTRONICS.................... - COMM--INTELLIGENCE COMM - 51 CI AUTOMATION ARCHITECTURE (MIP) 10,470 10,470 - 52 DEFENSE MILITARY DECEPTION 3,704 3,704 - INITIATIVE..................... - INFORMATION SECURITY - 53 FAMILY OF BIOMETRICS............ 1,000 1,000 - 54 INFORMATION SYSTEM SECURITY 3,600 3,600 - PROGRAM-ISSP................... - 55 COMMUNICATIONS SECURITY (COMSEC) 160,899 160,899 - 56 DEFENSIVE CYBER OPERATIONS...... 61,962 61,962 - 57 INSIDER THREAT PROGRAM--UNIT 756 756 - ACTIVITY MONITO................ - 58 PERSISTENT CYBER TRAINING 3,000 3,000 - ENVIRONMENT.................... - COMM--LONG HAUL COMMUNICATIONS - 59 BASE SUPPORT COMMUNICATIONS..... 31,770 31,770 - COMM--BASE COMMUNICATIONS - 60 INFORMATION SYSTEMS............. 159,009 159,009 - 61 EMERGENCY MANAGEMENT 4,854 4,854 - MODERNIZATION PROGRAM.......... - 62 HOME STATION MISSION COMMAND 47,174 47,174 - CENTERS (HSMCC)................ - 63 INSTALLATION INFO INFRASTRUCTURE 297,994 297,994 - MOD PROGRAM.................... - ELECT EQUIP--TACT INT REL ACT - (TIARA) - 66 JTT/CIBS-M (MIP)................ 7,686 7,686 - 68 DCGS-A (MIP).................... 180,350 180,350 - 70 TROJAN (MIP).................... 17,368 17,368 - 71 MOD OF IN-SVC EQUIP (INTEL SPT) 59,052 59,052 - (MIP).......................... - ELECT EQUIP--ELECTRONIC WARFARE - (EW) - 77 LIGHTWEIGHT COUNTER MORTAR RADAR 5,400 5,400 - 78 EW PLANNING & MANAGEMENT TOOLS 7,568 7,568 - (EWPMT)........................ - 79 AIR VIGILANCE (AV) (MIP)........ 8,953 8,953 - 81 MULTI-FUNCTION ELECTRONIC 6,420 6,420 - WARFARE (MFEW) SYST............ - 83 COUNTERINTELLIGENCE/SECURITY 501 501 - COUNTERMEASURES................ - 84 CI MODERNIZATION (MIP).......... 121 121 - ELECT EQUIP--TACTICAL SURV. (TAC - SURV) - 85 SENTINEL MODS................... 115,210 115,210 - 86 NIGHT VISION DEVICES............ 236,604 236,604 - 88 SMALL TACTICAL OPTICAL RIFLE 22,623 22,623 - MOUNTED MLRF................... - 90 INDIRECT FIRE PROTECTION FAMILY 29,127 29,127 - OF SYSTEMS..................... - 91 FAMILY OF WEAPON SIGHTS (FWS)... 120,883 120,883 - 94 JOINT BATTLE COMMAND--PLATFORM 265,667 265,667 - (JBC-P)........................ - 95 JOINT EFFECTS TARGETING SYSTEM 69,720 69,720 - (JETS)......................... - 96 MOD OF IN-SVC EQUIP (LLDR)...... 6,044 6,044 - 97 COMPUTER BALLISTICS: LHMBC XM32. 3,268 3,268 - 98 MORTAR FIRE CONTROL SYSTEM...... 13,199 13,199 - 99 MORTAR FIRE CONTROL SYSTEMS 10,000 10,000 - MODIFICATIONS.................. - 100 COUNTERFIRE RADARS.............. 16,416 78,916 - UPL Retrofits systems with [62,500] - GaN tech for ER............. - ELECT EQUIP--TACTICAL C2 SYSTEMS - 102 FIRE SUPPORT C2 FAMILY.......... 13,197 13,197 - 103 AIR & MSL DEFENSE PLANNING & 24,730 24,730 - CONTROL SYS.................... - 104 IAMD BATTLE COMMAND SYSTEM...... 29,629 29,629 - 105 LIFE CYCLE SOFTWARE SUPPORT 6,774 6,774 - (LCSS)......................... - 106 NETWORK MANAGEMENT 24,448 24,448 - INITIALIZATION AND SERVICE..... - 107 MANEUVER CONTROL SYSTEM (MCS)... 260 260 - 108 GLOBAL COMBAT SUPPORT SYSTEM- 17,962 17,962 - ARMY (GCSS-A).................. - 109 INTEGRATED PERSONNEL AND PAY 18,674 0 - SYSTEM-ARMY (IPP............... - Poor business process [-18,674] - reengineering............... - 110 RECONNAISSANCE AND SURVEYING 11,000 11,000 - INSTRUMENT SET................. - 111 MOD OF IN-SVC EQUIPMENT (ENFIRE) 7,317 7,317 - ELECT EQUIP--AUTOMATION - 112 ARMY TRAINING MODERNIZATION..... 14,578 14,578 - 113 AUTOMATED DATA PROCESSING EQUIP. 139,342 147,342 - JIOCEUR at RAF Molesworth... [8,000] - 114 GENERAL FUND ENTERPRISE BUSINESS 15,802 15,802 - SYSTEMS FAM.................... - 115 HIGH PERF COMPUTING MOD PGM 67,610 67,610 - (HPCMP)........................ - 116 CONTRACT WRITING SYSTEM......... 15,000 0 - Program duplication......... [-15,000] - 117 CSS COMMUNICATIONS.............. 24,700 24,700 - 118 RESERVE COMPONENT AUTOMATION SYS 27,879 27,879 - (RCAS)......................... - ELECT EQUIP--AUDIO VISUAL SYS (A/ - V) - 120 ITEMS LESS THAN $5M (SURVEYING 5,000 5,000 - EQUIPMENT)..................... - ELECT EQUIP--SUPPORT - 122 BCT EMERGING TECHNOLOGIES....... 22,302 22,302 - CLASSIFIED PROGRAMS - 999 CLASSIFIED PROGRAMS............. 3,710 11,910 - Transfer back to base [8,200] - funding..................... - CHEMICAL DEFENSIVE EQUIPMENT - 126 CBRN DEFENSE.................... 25,828 25,828 - 127 SMOKE & OBSCURANT FAMILY: SOF 5,050 5,050 - (NON AAO ITEM)................. - BRIDGING EQUIPMENT - 128 TACTICAL BRIDGING............... 59,821 59,821 - 129 TACTICAL BRIDGE, FLOAT-RIBBON... 57,661 57,661 - 130 BRIDGE SUPPLEMENTAL SET......... 17,966 17,966 - 131 COMMON BRIDGE TRANSPORTER (CBT) 43,155 43,155 - RECAP.......................... - ENGINEER (NON-CONSTRUCTION) - EQUIPMENT - 132 HANDHELD STANDOFF MINEFIELD 7,570 7,570 - DETECTION SYS-HST.............. - 133 GRND STANDOFF MINE DETECTN SYSM 37,025 37,025 - (GSTAMIDS)..................... - 135 HUSKY MOUNTED DETECTION SYSTEM 83,082 83,082 - (HMDS)......................... - 136 ROBOTIC COMBAT SUPPORT SYSTEM 2,000 2,000 - (RCSS)......................... - 137 EOD ROBOTICS SYSTEMS 23,115 23,115 - RECAPITALIZATION............... - 138 ROBOTICS AND APPLIQUE SYSTEMS... 101,056 113,856 - Army requested realignment.. [12,800] - 140 RENDER SAFE SETS KITS OUTFITS... 18,684 18,684 - 142 FAMILY OF BOATS AND MOTORS...... 8,245 8,245 - COMBAT SERVICE SUPPORT EQUIPMENT - 143 HEATERS AND ECU'S............... 7,336 7,336 - 145 PERSONNEL RECOVERY SUPPORT 4,281 4,281 - SYSTEM (PRSS).................. - 146 GROUND SOLDIER SYSTEM........... 111,955 111,955 - 147 MOBILE SOLDIER POWER............ 31,364 31,364 - 149 FIELD FEEDING EQUIPMENT......... 1,673 1,673 - 150 CARGO AERIAL DEL & PERSONNEL 43,622 43,622 - PARACHUTE SYSTEM............... - 151 FAMILY OF ENGR COMBAT AND 11,451 11,451 - CONSTRUCTION SETS.............. - 152 ITEMS LESS THAN $5M (ENG SPT)... 5,167 5,167 - PETROLEUM EQUIPMENT - 154 DISTRIBUTION SYSTEMS, PETROLEUM 74,867 74,867 - & WATER........................ - MEDICAL EQUIPMENT - 155 COMBAT SUPPORT MEDICAL.......... 68,225 68,225 - MAINTENANCE EQUIPMENT - 156 MOBILE MAINTENANCE EQUIPMENT 55,053 55,053 - SYSTEMS........................ - 157 ITEMS LESS THAN $5.0M (MAINT EQ) 5,608 5,608 - CONSTRUCTION EQUIPMENT - 161 HYDRAULIC EXCAVATOR............. 500 500 - 162 TRACTOR, FULL TRACKED........... 4,835 4,835 - 163 ALL TERRAIN CRANES.............. 23,936 23,936 - 164 HIGH MOBILITY ENGINEER EXCAVATOR 27,188 27,188 - (HMEE)......................... - 166 CONST EQUIP ESP................. 34,790 34,790 - 167 ITEMS LESS THAN $5.0M (CONST 4,381 4,381 - EQUIP)......................... - RAIL FLOAT CONTAINERIZATION - EQUIPMENT - 168 ARMY WATERCRAFT ESP............. 35,194 35,194 - 169 MANEUVER SUPPORT VESSEL (MSV)... 14,185 14,185 - 170 ITEMS LESS THAN $5.0M (FLOAT/ 6,920 6,920 - RAIL).......................... - GENERATORS - 171 GENERATORS AND ASSOCIATED EQUIP. 58,566 58,566 - 172 TACTICAL ELECTRIC POWER 14,814 14,814 - RECAPITALIZATION............... - MATERIAL HANDLING EQUIPMENT - 173 FAMILY OF FORKLIFTS............. 14,864 14,864 - TRAINING EQUIPMENT - 174 COMBAT TRAINING CENTERS SUPPORT. 123,411 123,411 - 175 TRAINING DEVICES, NONSYSTEM..... 220,707 220,707 - 176 SYNTHETIC TRAINING ENVIRONMENT 20,749 20,749 - (STE).......................... - 178 AVIATION COMBINED ARMS TACTICAL 4,840 4,840 - TRAINER........................ - 179 GAMING TECHNOLOGY IN SUPPORT OF 15,463 15,463 - ARMY TRAINING.................. - TEST MEASURE AND DIG EQUIPMENT - (TMD) - 180 CALIBRATION SETS EQUIPMENT...... 3,030 3,030 - 181 INTEGRATED FAMILY OF TEST 76,980 76,980 - EQUIPMENT (IFTE)............... - 182 TEST EQUIPMENT MODERNIZATION 16,415 16,415 - (TEMOD)........................ - OTHER SUPPORT EQUIPMENT - 184 RAPID EQUIPPING SOLDIER SUPPORT 9,877 9,877 - EQUIPMENT...................... - 185 PHYSICAL SECURITY SYSTEMS (OPA3) 82,158 82,158 - 186 BASE LEVEL COMMON EQUIPMENT..... 15,340 15,340 - 187 MODIFICATION OF IN-SVC EQUIPMENT 50,458 50,458 - (OPA-3)........................ - 189 BUILDING, PRE-FAB, RELOCATABLE.. 14,400 14,400 - 190 SPECIAL EQUIPMENT FOR USER 9,821 9,821 - TESTING........................ - OPA2 - 192 INITIAL SPARES--C&E............. 9,757 9,757 - TOTAL OTHER PROCUREMENT, ARMY... 7,443,101 7,461,427 - - AIRCRAFT PROCUREMENT, NAVY - COMBAT AIRCRAFT - 1 F/A-18E/F (FIGHTER) HORNET...... 1,748,934 1,748,934 - 2 F/A-18E/F (FIGHTER) HORNET AP... 55,128 55,128 - 3 JOINT STRIKE FIGHTER CV......... 2,272,301 2,487,301 - UPL USMC additional [215,000] - quantities.................. - 4 JOINT STRIKE FIGHTER CV AP...... 339,053 339,053 - 5 JSF STOVL....................... 1,342,035 1,591,135 - UPL USMC additional [249,100] - quantities.................. - 6 JSF STOVL AP.................... 291,804 291,804 - 7 CH-53K (HEAVY LIFT)............. 807,876 807,876 - 8 CH-53K (HEAVY LIFT) AP.......... 215,014 215,014 - 9 V-22 (MEDIUM LIFT).............. 966,666 966,666 - 10 V-22 (MEDIUM LIFT) AP........... 27,104 27,104 - 11 H-1 UPGRADES (UH-1Y/AH-1Z)...... 62,003 62,003 - 13 MH-60R (MYP).................... 894 894 - 14 P-8A POSEIDON................... 1,206,701 1,206,701 - 16 E-2D ADV HAWKEYE................ 744,484 744,484 - 17 E-2D ADV HAWKEYE AP............. 190,204 190,204 - TRAINER AIRCRAFT - 19 ADVANCED HELICOPTER TRAINING 261,160 261,160 - SYSTEM......................... - OTHER AIRCRAFT - 20 KC-130J......................... 240,840 240,840 - 21 KC-130J AP...................... 66,061 66,061 - 22 F-5............................. 39,676 0 - Program cancellation........ [-39,676] - 23 MQ-4 TRITON..................... 473,134 473,134 - 24 MQ-4 TRITON AP.................. 20,139 20,139 - 25 MQ-8 UAV........................ 44,957 44,957 - 26 STUASL0 UAV..................... 43,819 43,819 - 28 VH-92A EXECUTIVE HELO........... 658,067 658,067 - MODIFICATION OF AIRCRAFT - 29 AEA SYSTEMS..................... 44,470 44,470 - 30 AV-8 SERIES..................... 39,472 39,472 - 31 ADVERSARY....................... 3,415 3,415 - 32 F-18 SERIES..................... 1,207,089 1,207,089 - 33 H-53 SERIES..................... 68,385 68,385 - 34 MH-60 SERIES.................... 149,797 149,797 - 35 H-1 SERIES...................... 114,059 114,059 - 36 EP-3 SERIES..................... 8,655 8,655 - 38 E-2 SERIES...................... 117,059 117,059 - 39 TRAINER A/C SERIES.............. 5,616 5,616 - 40 C-2A............................ 15,747 15,747 - 41 C-130 SERIES.................... 122,671 122,671 - 42 FEWSG........................... 509 509 - 43 CARGO/TRANSPORT A/C SERIES...... 8,767 8,767 - 44 E-6 SERIES...................... 169,827 169,827 - 45 EXECUTIVE HELICOPTERS SERIES.... 8,933 8,933 - 47 T-45 SERIES..................... 186,022 186,022 - 48 POWER PLANT CHANGES............. 16,136 16,136 - 49 JPATS SERIES.................... 21,824 21,824 - 50 AVIATION LIFE SUPPORT MODS...... 39,762 39,762 - 51 COMMON ECM EQUIPMENT............ 162,839 162,839 - 52 COMMON AVIONICS CHANGES......... 102,107 102,107 - 53 COMMON DEFENSIVE WEAPON SYSTEM.. 2,100 2,100 - 54 ID SYSTEMS...................... 41,437 41,437 - 55 P-8 SERIES...................... 107,539 107,539 - 56 MAGTF EW FOR AVIATION........... 26,536 26,536 - 57 MQ-8 SERIES..................... 34,686 34,686 - 58 V-22 (TILT/ROTOR ACFT) OSPREY... 325,367 325,367 - 59 NEXT GENERATION JAMMER (NGJ).... 6,223 6,223 - 60 F-35 STOVL SERIES............... 65,585 65,585 - 61 F-35 CV SERIES.................. 15,358 15,358 - 62 QRC............................. 165,016 165,016 - 63 MQ-4 SERIES..................... 27,994 27,994 - 64 RQ-21 SERIES.................... 66,282 66,282 - AIRCRAFT SPARES AND REPAIR PARTS - 67 SPARES AND REPAIR PARTS......... 2,166,788 2,235,088 - F-35B spares................ [14,900] - F-35C spares................ [24,600] - UPL F-35B engine............ [28,800] - AIRCRAFT SUPPORT EQUIP & - FACILITIES - 68 COMMON GROUND EQUIPMENT......... 491,025 491,025 - 69 AIRCRAFT INDUSTRIAL FACILITIES.. 71,335 71,335 - 70 WAR CONSUMABLES................. 41,086 41,086 - 72 SPECIAL SUPPORT EQUIPMENT....... 135,740 135,740 - 73 FIRST DESTINATION TRANSPORTATION 892 892 - TOTAL AIRCRAFT PROCUREMENT, NAVY 18,522,204 19,014,928 - - WEAPONS PROCUREMENT, NAVY - MODIFICATION OF MISSILES - 1 TRIDENT II MODS................. 0 1,177,251 - Transfer back to base [1,177,251] - funding..................... - SUPPORT EQUIPMENT & FACILITIES - 2 MISSILE INDUSTRIAL FACILITIES... 0 7,142 - Transfer back to base [7,142] - funding..................... - STRATEGIC MISSILES - 3 TOMAHAWK........................ 0 330,430 - Transfer back to base [386,730] - funding..................... - Unjustified tooling and [-56,300] - facilitization costs........ - TACTICAL MISSILES - 4 AMRAAM.......................... 0 224,502 - Transfer back to base [224,502] - funding..................... - 5 SIDEWINDER...................... 0 119,456 - Transfer back to base [119,456] - funding..................... - 7 STANDARD MISSILE................ 0 404,523 - Transfer back to base [404,523] - funding..................... - 8 STANDARD MISSILE AP............. 0 96,085 - Transfer back to base [96,085] - funding..................... - 9 SMALL DIAMETER BOMB II.......... 0 118,466 - Transfer back to base [118,466] - funding..................... - 10 RAM............................. 0 106,765 - Transfer back to base [106,765] - funding..................... - 12 HELLFIRE........................ 0 1,525 - Transfer back to base [1,525] - funding..................... - 15 AERIAL TARGETS.................. 0 145,880 - Transfer back to base [145,880] - funding..................... - 16 DRONES AND DECOYS............... 0 20,000 - Transfer back to base [20,000] - funding..................... - 17 OTHER MISSILE SUPPORT........... 0 3,388 - Transfer back to base [3,388] - funding..................... - 18 LRASM........................... 0 143,200 - Transfer back to base [143,200] - funding..................... - 19 LCS OTH MISSILE................. 0 18,137 - Transfer back to base [38,137] - funding..................... - Unjustified accelerated [-20,000] - acquisition strategy........ - MODIFICATION OF MISSILES - 20 ESSM............................ 0 128,059 - Transfer back to base [128,059] - funding..................... - 21 HARPOON MODS.................... 0 25,447 - Transfer back to base [25,447] - funding..................... - 22 HARM MODS....................... 0 183,740 - Transfer back to base [183,740] - funding..................... - 23 STANDARD MISSILES MODS.......... 0 22,500 - Transfer back to base [22,500] - funding..................... - SUPPORT EQUIPMENT & FACILITIES - 24 WEAPONS INDUSTRIAL FACILITIES... 0 1,958 - Transfer back to base [1,958] - funding..................... - 25 FLEET SATELLITE COMM FOLLOW-ON.. 0 67,380 - Transfer back to base [67,380] - funding..................... - ORDNANCE SUPPORT EQUIPMENT - 27 ORDNANCE SUPPORT EQUIPMENT...... 0 109,427 - Transfer back to base [109,427] - funding..................... - TORPEDOES AND RELATED EQUIP - 28 SSTD............................ 0 5,561 - Transfer back to base [5,561] - funding..................... - 29 MK-48 TORPEDO................... 0 130,000 - Transfer back to base [114,000] - funding..................... - UPL additional quantites.... [16,000] - 30 ASW TARGETS..................... 0 15,095 - Transfer back to base [15,095] - funding..................... - MOD OF TORPEDOES AND RELATED - EQUIP - 31 MK-54 TORPEDO MODS.............. 0 119,453 - Transfer back to base [119,453] - funding..................... - 32 MK-48 TORPEDO ADCAP MODS........ 0 39,508 - Transfer back to base [39,508] - funding..................... - 33 QUICKSTRIKE MINE................ 0 5,183 - Transfer back to base [5,183] - funding..................... - SUPPORT EQUIPMENT - 34 TORPEDO SUPPORT EQUIPMENT....... 0 79,028 - Transfer back to base [79,028] - funding..................... - 35 ASW RANGE SUPPORT............... 0 3,890 - Transfer back to base [3,890] - funding..................... - DESTINATION TRANSPORTATION - 36 FIRST DESTINATION TRANSPORTATION 0 3,803 - Transfer back to base [3,803] - funding..................... - GUNS AND GUN MOUNTS - 37 SMALL ARMS AND WEAPONS.......... 0 14,797 - Transfer back to base [14,797] - funding..................... - MODIFICATION OF GUNS AND GUN - MOUNTS - 38 CIWS MODS....................... 0 44,126 - Transfer back to base [44,126] - funding..................... - 39 COAST GUARD WEAPONS............. 0 44,980 - Transfer back to base [44,980] - funding..................... - 40 GUN MOUNT MODS.................. 0 66,376 - Transfer back to base [66,376] - funding..................... - 41 LCS MODULE WEAPONS.............. 0 14,585 - Transfer back to base [14,585] - funding..................... - 43 AIRBORNE MINE NEUTRALIZATION 0 7,160 - SYSTEMS........................ - Transfer back to base [7,160] - funding..................... - SPARES AND REPAIR PARTS - 45 SPARES AND REPAIR PARTS......... 0 126,138 - Transfer back to base [126,138] - funding..................... - TOTAL WEAPONS PROCUREMENT, NAVY. 0 4,174,944 - - PROCUREMENT OF AMMO, NAVY & MC - NAVY AMMUNITION - 1 GENERAL PURPOSE BOMBS........... 0 36,028 - Transfer back to base [36,028] - funding..................... - 2 JDAM............................ 0 70,413 - Transfer back to base [70,413] - funding..................... - 3 AIRBORNE ROCKETS, ALL TYPES..... 0 31,756 - Transfer back to base [31,756] - funding..................... - 4 MACHINE GUN AMMUNITION.......... 0 4,793 - Transfer back to base [4,793] - funding..................... - 5 PRACTICE BOMBS.................. 0 34,708 - Transfer back to base [34,708] - funding..................... - 6 CARTRIDGES & CART ACTUATED 0 45,738 - DEVICES........................ - Transfer back to base [45,738] - funding..................... - 7 AIR EXPENDABLE COUNTERMEASURES.. 0 77,301 - Transfer back to base [77,301] - funding..................... - 8 JATOS........................... 0 7,262 - Transfer back to base [7,262] - funding..................... - 9 5 INCH/54 GUN AMMUNITION........ 0 22,594 - Transfer back to base [22,594] - funding..................... - 10 INTERMEDIATE CALIBER GUN 0 37,193 - AMMUNITION..................... - Transfer back to base [37,193] - funding..................... - 11 OTHER SHIP GUN AMMUNITION....... 0 39,491 - Transfer back to base [39,491] - funding..................... - 12 SMALL ARMS & LANDING PARTY AMMO. 0 47,896 - Transfer back to base [47,896] - funding..................... - 13 PYROTECHNIC AND DEMOLITION...... 0 10,621 - Transfer back to base [10,621] - funding..................... - 15 AMMUNITION LESS THAN $5 MILLION. 0 2,386 - Transfer back to base [2,386] - funding..................... - MARINE CORPS AMMUNITION - 16 MORTARS......................... 0 55,543 - Transfer back to base [55,543] - funding..................... - 17 DIRECT SUPPORT MUNITIONS........ 0 131,765 - Transfer back to base [131,765] - funding..................... - 18 INFANTRY WEAPONS AMMUNITION..... 0 78,056 - Transfer back to base [78,056] - funding..................... - 19 COMBAT SUPPORT MUNITIONS........ 0 40,048 - Transfer back to base [40,048] - funding..................... - 20 AMMO MODERNIZATION.............. 0 14,325 - Transfer back to base [14,325] - funding..................... - 21 ARTILLERY MUNITIONS............. 0 188,876 - Transfer back to base [188,876] - funding..................... - 22 ITEMS LESS THAN $5 MILLION...... 0 4,521 - Transfer back to base [4,521] - funding..................... - TOTAL PROCUREMENT OF AMMO, NAVY 0 981,314 - & MC........................... - - SHIPBUILDING AND CONVERSION, - NAVY - FLEET BALLISTIC MISSILE SHIPS - 1 OHIO REPLACEMENT SUBMARINE AP... 1,698,907 1,823,907 - Submarine industrial base [125,000] - expansion................... - OTHER WARSHIPS - 2 CARRIER REPLACEMENT PROGRAM..... 2,347,000 2,347,000 - 3 VIRGINIA CLASS SUBMARINE........ 7,155,946 4,691,946 - Restore VPM on SSN-804...... [522,100] - SSN-812 full funding early [-2,986,100] - to need..................... - 4 VIRGINIA CLASS SUBMARINE AP..... 2,769,552 4,269,552 - Future Virginia-class [1,500,000] - submarine(s) with VPM....... - 5 CVN REFUELING OVERHAULS......... 647,926 597,926 - CVN-74 RCOH unjustified cost [-50,000] - growth...................... - 6 CVN REFUELING OVERHAULS AP...... 0 16,900 - Restore CVN-75 RCOH......... [16,900] - 7 DDG 1000........................ 155,944 155,944 - 8 DDG-51.......................... 5,099,295 5,079,295 - Available prior year funds.. [-20,000] - 9 DDG-51 AP....................... 224,028 484,028 - Accelerate LLTM for FY21 [260,000] - Flight III destroyers....... - 11 FFG-FRIGATE..................... 1,281,177 1,281,177 - AMPHIBIOUS SHIPS - 12 LPD FLIGHT II................... 0 525,000 - LPD-31 program increase..... [277,900] - Transfer from SCN line 13... [247,100] - 13 LPD FLIGHT II AP................ 247,100 0 - Transfer to SCN line 12..... [-247,100] - 15 LHA REPLACEMENT................. 0 650,000 - LHA-9 program increase...... [650,000] - AUXILIARIES, CRAFT AND PRIOR YR - PROGRAM COST - 18 TAO FLEET OILER................. 981,215 981,215 - 19 TAO FLEET OILER AP.............. 73,000 73,000 - 20 TOWING, SALVAGE, AND RESCUE SHIP 150,282 150,282 - (ATS).......................... - 22 LCU 1700........................ 85,670 85,670 - 23 OUTFITTING...................... 754,679 704,679 - Early to need and [-50,000] - unjustified cost growth..... - 25 SERVICE CRAFT................... 56,289 81,789 - Accelerate YP-703 Flight II. [25,500] - 28 COMPLETION OF PY SHIPBUILDING 55,700 104,700 - PROGRAMS....................... - UPL EPF-14 conversion....... [49,000] - 29 SHIP TO SHORE CONNECTOR AP...... 0 40,400 - Program increase............ [40,400] - TOTAL SHIPBUILDING AND 23,783,710 24,144,410 - CONVERSION, NAVY............... - - OTHER PROCUREMENT, NAVY - SHIP PROPULSION EQUIPMENT - 1 SURFACE POWER EQUIPMENT......... 14,490 14,490 - GENERATORS - 2 SURFACE COMBATANT HM&E.......... 31,583 50,583 - UPL DDG-51 class HM&E [19,000] - upgrades.................... - NAVIGATION EQUIPMENT - 3 OTHER NAVIGATION EQUIPMENT...... 77,404 77,404 - OTHER SHIPBOARD EQUIPMENT - 4 SUB PERISCOPE, IMAGING AND SUPT 160,803 160,803 - EQUIP PROG..................... - 5 DDG MOD......................... 566,140 566,140 - 6 FIREFIGHTING EQUIPMENT.......... 18,223 18,223 - 7 COMMAND AND CONTROL SWITCHBOARD. 2,086 2,086 - 8 LHA/LHD MIDLIFE................. 95,651 95,651 - 9 POLLUTION CONTROL EQUIPMENT..... 23,910 23,910 - 10 SUBMARINE SUPPORT EQUIPMENT..... 44,895 44,895 - 11 VIRGINIA CLASS SUPPORT EQUIPMENT 28,465 28,465 - 12 LCS CLASS SUPPORT EQUIPMENT..... 19,426 19,426 - 13 SUBMARINE BATTERIES............. 26,290 26,290 - 14 LPD CLASS SUPPORT EQUIPMENT..... 46,945 46,945 - 15 DDG 1000 CLASS SUPPORT EQUIPMENT 9,930 9,930 - 16 STRATEGIC PLATFORM SUPPORT EQUIP 14,331 14,331 - 17 DSSP EQUIPMENT.................. 2,909 2,909 - 18 CG MODERNIZATION................ 193,990 193,990 - 19 LCAC............................ 3,392 3,392 - 20 UNDERWATER EOD PROGRAMS......... 71,240 82,240 - Program increase for four [11,000] - ExMCM companies............. - 21 ITEMS LESS THAN $5 MILLION...... 102,543 102,543 - 22 CHEMICAL WARFARE DETECTORS...... 2,961 2,961 - 23 SUBMARINE LIFE SUPPORT SYSTEM... 6,635 6,635 - REACTOR PLANT EQUIPMENT - 24 REACTOR POWER UNITS............. 5,340 5,340 - 25 REACTOR COMPONENTS.............. 465,726 465,726 - OCEAN ENGINEERING - 26 DIVING AND SALVAGE EQUIPMENT.... 11,854 11,854 - SMALL BOATS - 27 STANDARD BOATS.................. 79,102 79,102 - PRODUCTION FACILITIES EQUIPMENT - 28 OPERATING FORCES IPE............ 202,238 202,238 - OTHER SHIP SUPPORT - 29 LCS COMMON MISSION MODULES 51,553 51,553 - EQUIPMENT...................... - 30 LCS MCM MISSION MODULES......... 197,129 67,329 - Procurement ahead of [-129,800] - satisfactory testing........ - 31 LCS ASW MISSION MODULES......... 27,754 27,754 - 32 LCS SUW MISSION MODULES......... 26,566 26,566 - 33 LCS IN-SERVICE MODERNIZATION.... 84,972 84,972 - 34 SMALL & MEDIUM UUV.............. 40,547 10,647 - Knifefish procurement ahead [-29,900] - of satisfactory testing..... - LOGISTIC SUPPORT - 35 LSD MIDLIFE & MODERNIZATION..... 40,269 40,269 - SHIP SONARS - 36 SPQ-9B RADAR.................... 26,195 26,195 - 37 AN/SQQ-89 SURF ASW COMBAT SYSTEM 125,237 125,237 - 38 SSN ACOUSTIC EQUIPMENT.......... 366,968 366,968 - 39 UNDERSEA WARFARE SUPPORT 8,967 8,967 - EQUIPMENT...................... - ASW ELECTRONIC EQUIPMENT - 40 SUBMARINE ACOUSTIC WARFARE 23,545 23,545 - SYSTEM......................... - 41 SSTD............................ 12,439 12,439 - 42 FIXED SURVEILLANCE SYSTEM....... 128,441 128,441 - 43 SURTASS......................... 21,923 21,923 - ELECTRONIC WARFARE EQUIPMENT - 44 AN/SLQ-32....................... 420,154 358,154 - Early to need............... [-62,000] - RECONNAISSANCE EQUIPMENT - 45 SHIPBOARD IW EXPLOIT............ 194,758 202,758 - UPL SSEE expansion on Flight [8,000] - I DDGs...................... - 46 AUTOMATED IDENTIFICATION SYSTEM 5,368 5,368 - (AIS).......................... - OTHER SHIP ELECTRONIC EQUIPMENT - 47 COOPERATIVE ENGAGEMENT 35,128 35,128 - CAPABILITY..................... - 48 NAVAL TACTICAL COMMAND SUPPORT 15,154 15,154 - SYSTEM (NTCSS)................. - 49 ATDLS........................... 52,753 52,753 - 50 NAVY COMMAND AND CONTROL SYSTEM 3,390 3,390 - (NCCS)......................... - 51 MINESWEEPING SYSTEM REPLACEMENT. 19,448 19,448 - 52 SHALLOW WATER MCM............... 8,730 8,730 - 53 NAVSTAR GPS RECEIVERS (SPACE)... 32,674 32,674 - 54 AMERICAN FORCES RADIO AND TV 2,617 2,617 - SERVICE........................ - 55 STRATEGIC PLATFORM SUPPORT EQUIP 7,973 7,973 - AVIATION ELECTRONIC EQUIPMENT - 56 ASHORE ATC EQUIPMENT............ 72,406 72,406 - 57 AFLOAT ATC EQUIPMENT............ 67,410 67,410 - 58 ID SYSTEMS...................... 26,059 26,059 - 59 JOINT PRECISION APPROACH AND 92,695 92,695 - LANDING SYSTEM (............... - 60 NAVAL MISSION PLANNING SYSTEMS.. 15,296 15,296 - OTHER SHORE ELECTRONIC EQUIPMENT - 61 TACTICAL/MOBILE C4I SYSTEMS..... 36,226 36,226 - 62 DCGS-N.......................... 21,788 21,788 - 63 CANES........................... 426,654 426,654 - 64 RADIAC.......................... 6,450 6,450 - 65 CANES-INTELL.................... 52,713 52,713 - 66 GPETE........................... 13,028 13,028 - 67 MASF............................ 5,193 5,193 - 68 INTEG COMBAT SYSTEM TEST 6,028 6,028 - FACILITY....................... - 69 EMI CONTROL INSTRUMENTATION..... 4,209 4,209 - 70 ITEMS LESS THAN $5 MILLION...... 168,436 144,636 - NGSSR early to need......... [-23,800] - SHIPBOARD COMMUNICATIONS - 71 SHIPBOARD TACTICAL 55,853 55,853 - COMMUNICATIONS................. - 72 SHIP COMMUNICATIONS AUTOMATION.. 137,861 137,861 - 73 COMMUNICATIONS ITEMS UNDER $5M.. 35,093 35,093 - SUBMARINE COMMUNICATIONS - 74 SUBMARINE BROADCAST SUPPORT..... 50,833 50,833 - 75 SUBMARINE COMMUNICATION 69,643 69,643 - EQUIPMENT...................... - SATELLITE COMMUNICATIONS - 76 SATELLITE COMMUNICATIONS SYSTEMS 45,841 45,841 - 77 NAVY MULTIBAND TERMINAL (NMT)... 88,021 88,021 - SHORE COMMUNICATIONS - 78 JOINT COMMUNICATIONS SUPPORT 4,293 4,293 - ELEMENT (JCSE)................. - CRYPTOGRAPHIC EQUIPMENT - 79 INFO SYSTEMS SECURITY PROGRAM 166,540 166,540 - (ISSP)......................... - 80 MIO INTEL EXPLOITATION TEAM..... 968 968 - CRYPTOLOGIC EQUIPMENT - 81 CRYPTOLOGIC COMMUNICATIONS EQUIP 13,090 13,090 - OTHER ELECTRONIC SUPPORT - 83 COAST GUARD EQUIPMENT........... 61,370 61,370 - SONOBUOYS - 85 SONOBUOYS--ALL TYPES............ 260,644 310,644 - UPL Sonobuoy increase....... [50,000] - AIRCRAFT SUPPORT EQUIPMENT - 86 MINOTAUR........................ 5,000 5,000 - 87 WEAPONS RANGE SUPPORT EQUIPMENT. 101,843 101,843 - 88 AIRCRAFT SUPPORT EQUIPMENT...... 145,601 145,601 - 89 ADVANCED ARRESTING GEAR (AAG)... 4,725 4,725 - 90 METEOROLOGICAL EQUIPMENT........ 14,687 14,687 - 92 LEGACY AIRBORNE MCM............. 19,250 19,250 - 93 LAMPS EQUIPMENT................. 792 792 - 94 AVIATION SUPPORT EQUIPMENT...... 55,415 55,415 - 95 UMCS-UNMAN CARRIER 32,668 32,668 - AVIATION(UCA)MISSION CNTRL..... - SHIP GUN SYSTEM EQUIPMENT - 96 SHIP GUN SYSTEMS EQUIPMENT...... 5,451 5,451 - SHIP MISSILE SYSTEMS EQUIPMENT - 97 HARPOON SUPPORT EQUIPMENT....... 1,100 1,100 - 98 SHIP MISSILE SUPPORT EQUIPMENT.. 228,104 228,104 - 99 TOMAHAWK SUPPORT EQUIPMENT...... 78,593 78,593 - FBM SUPPORT EQUIPMENT - 100 STRATEGIC MISSILE SYSTEMS EQUIP. 280,510 280,510 - ASW SUPPORT EQUIPMENT - 101 SSN COMBAT CONTROL SYSTEMS...... 148,547 148,547 - 102 ASW SUPPORT EQUIPMENT........... 21,130 21,130 - OTHER ORDNANCE SUPPORT EQUIPMENT - 103 EXPLOSIVE ORDNANCE DISPOSAL 15,244 15,244 - EQUIP.......................... - 104 ITEMS LESS THAN $5 MILLION...... 5,071 5,071 - OTHER EXPENDABLE ORDNANCE - 105 ANTI-SHIP MISSILE DECOY SYSTEM.. 41,962 41,962 - 106 SUBMARINE TRAINING DEVICE MODS.. 75,057 75,057 - 107 SURFACE TRAINING EQUIPMENT...... 233,175 233,175 - CIVIL ENGINEERING SUPPORT - EQUIPMENT - 108 PASSENGER CARRYING VEHICLES..... 4,562 4,562 - 109 GENERAL PURPOSE TRUCKS.......... 10,974 10,974 - 110 CONSTRUCTION & MAINTENANCE EQUIP 43,191 43,191 - 111 FIRE FIGHTING EQUIPMENT......... 21,142 21,142 - 112 TACTICAL VEHICLES............... 33,432 33,432 - 114 POLLUTION CONTROL EQUIPMENT..... 2,633 2,633 - 115 ITEMS UNDER $5 MILLION.......... 53,467 53,467 - 116 PHYSICAL SECURITY VEHICLES...... 1,173 1,173 - SUPPLY SUPPORT EQUIPMENT - 117 SUPPLY EQUIPMENT................ 16,730 16,730 - 118 FIRST DESTINATION TRANSPORTATION 5,389 5,389 - 119 SPECIAL PURPOSE SUPPLY SYSTEMS.. 654,674 654,674 - TRAINING DEVICES - 120 TRAINING SUPPORT EQUIPMENT...... 3,633 3,633 - 121 TRAINING AND EDUCATION EQUIPMENT 97,636 97,636 - COMMAND SUPPORT EQUIPMENT - 122 COMMAND SUPPORT EQUIPMENT....... 66,102 59,779 - Program duplication......... [-6,323] - 123 MEDICAL SUPPORT EQUIPMENT....... 3,633 3,633 - 125 NAVAL MIP SUPPORT EQUIPMENT..... 6,097 6,097 - 126 OPERATING FORCES SUPPORT 16,905 16,905 - EQUIPMENT...................... - 127 C4ISR EQUIPMENT................. 30,146 30,146 - 128 ENVIRONMENTAL SUPPORT EQUIPMENT. 21,986 21,986 - 129 PHYSICAL SECURITY EQUIPMENT..... 160,046 160,046 - 130 ENTERPRISE INFORMATION 56,899 56,899 - TECHNOLOGY..................... - OTHER - 133 NEXT GENERATION ENTERPRISE 122,832 122,832 - SERVICE........................ - CLASSIFIED PROGRAMS - 999 CLASSIFIED PROGRAMS............. 16,346 16,346 - SPARES AND REPAIR PARTS - 134 SPARES AND REPAIR PARTS......... 375,608 375,608 - TOTAL OTHER PROCUREMENT, NAVY... 9,652,956 9,489,133 - - PROCUREMENT, MARINE CORPS - TRACKED COMBAT VEHICLES - 1 AAV7A1 PIP...................... 39,495 39,495 - 2 AMPHIBIOUS COMBAT VEHICLE 1.1... 317,935 317,935 - 3 LAV PIP......................... 60,734 60,734 - ARTILLERY AND OTHER WEAPONS - 4 155MM LIGHTWEIGHT TOWED HOWITZER 25,065 25,065 - 5 ARTILLERY WEAPONS SYSTEM........ 100,002 100,002 - 6 WEAPONS AND COMBAT VEHICLES 31,945 31,945 - UNDER $5 MILLION............... - OTHER SUPPORT - 7 MODIFICATION KITS............... 22,760 22,760 - GUIDED MISSILES - 8 GROUND BASED AIR DEFENSE........ 175,998 175,998 - 9 ANTI-ARMOR MISSILE-JAVELIN...... 20,207 20,207 - 10 FAMILY ANTI-ARMOR WEAPON SYSTEMS 21,913 21,913 - (FOAAWS)....................... - 11 ANTI-ARMOR MISSILE-TOW.......... 60,501 60,501 - 12 GUIDED MLRS ROCKET (GMLRS)...... 29,062 29,062 - COMMAND AND CONTROL SYSTEMS - 13 COMMON AVIATION COMMAND AND 37,203 37,203 - CONTROL SYSTEM (C.............. - REPAIR AND TEST EQUIPMENT - 14 REPAIR AND TEST EQUIPMENT....... 55,156 55,156 - OTHER SUPPORT (TEL) - 15 MODIFICATION KITS............... 4,945 4,945 - COMMAND AND CONTROL SYSTEM (NON- - TEL) - 16 ITEMS UNDER $5 MILLION (COMM & 112,124 112,124 - ELEC).......................... - 17 AIR OPERATIONS C2 SYSTEMS....... 17,408 17,408 - RADAR + EQUIPMENT (NON-TEL) - 18 RADAR SYSTEMS................... 329 329 - 19 GROUND/AIR TASK ORIENTED RADAR 273,022 273,022 - (G/ATOR)....................... - INTELL/COMM EQUIPMENT (NON-TEL) - 21 GCSS-MC......................... 4,484 4,484 - 22 FIRE SUPPORT SYSTEM............. 35,488 35,488 - 23 INTELLIGENCE SUPPORT EQUIPMENT.. 56,896 56,896 - 25 UNMANNED AIR SYSTEMS (INTEL).... 34,711 34,711 - 26 DCGS-MC......................... 32,562 32,562 - OTHER SUPPORT (NON-TEL) - 30 NEXT GENERATION ENTERPRISE 114,901 114,901 - NETWORK (NGEN)................. - 31 COMMON COMPUTER RESOURCES....... 51,094 51,094 - 32 COMMAND POST SYSTEMS............ 108,897 108,897 - 33 RADIO SYSTEMS................... 227,320 227,320 - 34 COMM SWITCHING & CONTROL SYSTEMS 31,685 31,685 - 35 COMM & ELEC INFRASTRUCTURE 21,140 21,140 - SUPPORT........................ - 36 CYBERSPACE ACTIVITIES........... 27,632 27,632 - CLASSIFIED PROGRAMS - 999 CLASSIFIED PROGRAMS............. 5,535 5,535 - ADMINISTRATIVE VEHICLES - 37 COMMERCIAL CARGO VEHICLES....... 28,913 28,913 - TACTICAL VEHICLES - 38 MOTOR TRANSPORT MODIFICATIONS... 19,234 19,234 - 39 JOINT LIGHT TACTICAL VEHICLE.... 558,107 558,107 - 40 FAMILY OF TACTICAL TRAILERS..... 2,693 2,693 - ENGINEER AND OTHER EQUIPMENT - 41 ENVIRONMENTAL CONTROL EQUIP 495 495 - ASSORT......................... - 42 TACTICAL FUEL SYSTEMS........... 52 52 - 43 POWER EQUIPMENT ASSORTED........ 22,441 22,441 - 44 AMPHIBIOUS SUPPORT EQUIPMENT.... 7,101 7,101 - 45 EOD SYSTEMS..................... 44,700 44,700 - MATERIALS HANDLING EQUIPMENT - 46 PHYSICAL SECURITY EQUIPMENT..... 15,404 15,404 - GENERAL PROPERTY - 47 FIELD MEDICAL EQUIPMENT......... 2,898 2,898 - 48 TRAINING DEVICES................ 149,567 149,567 - 49 FAMILY OF CONSTRUCTION EQUIPMENT 35,622 35,622 - 50 ULTRA-LIGHT TACTICAL VEHICLE 647 647 - (ULTV)......................... - OTHER SUPPORT - 51 ITEMS LESS THAN $5 MILLION...... 10,956 10,956 - SPARES AND REPAIR PARTS - 52 SPARES AND REPAIR PARTS......... 33,470 33,470 - TOTAL PROCUREMENT, MARINE CORPS. 3,090,449 3,090,449 - - AIRCRAFT PROCUREMENT, AIR FORCE - TACTICAL FORCES - 1 F-35............................ 4,274,359 5,364,359 - UPL additional quantities... [1,090,000] - 2 F-35 AP......................... 655,500 811,500 - UPL increase................ [156,000] - 3 F-15E........................... 1,050,000 888,000 - NRE cost on a non- [-162,000] - developmental A/C........... - TACTICAL AIRLIFT - 5 KC-46A MDAP..................... 2,234,529 2,705,529 - UPL additional quantities... [471,000] - OTHER AIRLIFT - 6 C-130J.......................... 12,156 12,156 - 8 MC-130J......................... 871,207 871,207 - 9 MC-130J AP...................... 40,000 40,000 - HELICOPTERS - 10 COMBAT RESCUE HELICOPTER........ 884,235 884,235 - MISSION SUPPORT AIRCRAFT - 11 C-37A........................... 161,000 161,000 - 12 CIVIL AIR PATROL A/C............ 2,767 2,767 - OTHER AIRCRAFT - 14 TARGET DRONES................... 130,837 130,837 - 15 COMPASS CALL.................... 114,095 114,095 - 17 MQ-9............................ 189,205 189,205 - STRATEGIC AIRCRAFT - 19 B-2A............................ 9,582 9,582 - 20 B-1B............................ 22,111 22,111 - 21 B-52............................ 69,648 69,648 - 22 LARGE AIRCRAFT INFRARED 43,758 43,758 - COUNTERMEASURES................ - TACTICAL AIRCRAFT - 23 A-10............................ 132,069 132,069 - 24 E-11 BACN/HAG................... 70,027 70,027 - 25 F-15............................ 481,073 328,073 - ADCP unnecessary due to F- [-75,100] - 15X......................... - IFF unnecessary due to F-15X [-29,600] - Longerons unnecessary due to [-24,600] - F-15X....................... - Radar unnecessary due to F- [-23,700] - 15X......................... - 26 F-16............................ 234,782 309,782 - Additional radars........... [75,000] - 28 F-22A........................... 323,597 323,597 - 30 F-35 MODIFICATIONS.............. 343,590 343,590 - 31 F-15 EPAW....................... 149,047 81,847 - Not required because of F- [-67,200] - 15X......................... - 32 INCREMENT 3.2B.................. 20,213 20,213 - 33 KC-46A MDAP..................... 10,213 10,213 - AIRLIFT AIRCRAFT - 34 C-5............................. 73,550 73,550 - 36 C-17A........................... 60,244 60,244 - 37 C-21............................ 216 216 - 38 C-32A........................... 11,511 11,511 - 39 C-37A........................... 435 435 - TRAINER AIRCRAFT - 40 GLIDER MODS..................... 138 138 - 41 T-6............................. 11,826 11,826 - 42 T-1............................. 26,787 26,787 - 43 T-38............................ 37,341 37,341 - OTHER AIRCRAFT - 44 U-2 MODS........................ 86,896 86,896 - 45 KC-10A (ATCA)................... 2,108 2,108 - 46 C-12............................ 3,021 3,021 - 47 VC-25A MOD...................... 48,624 48,624 - 48 C-40............................ 256 256 - 49 C-130........................... 52,066 52,066 - 50 C-130J MODS..................... 141,686 141,686 - 51 C-135........................... 124,491 124,491 - 53 COMPASS CALL.................... 110,754 110,754 - 54 COMBAT FLIGHT INSPECTION--CFIN.. 508 508 - 55 RC-135.......................... 227,673 227,673 - 56 E-3............................. 216,299 216,299 - 57 E-4............................. 58,477 58,477 - 58 E-8............................. 28,778 58,778 - SATCOM radios............... [30,000] - 59 AIRBORNE WARNING AND CNTRL SYS 36,000 36,000 - (AWACS) 40/45.................. - 60 FAMILY OF BEYOND LINE-OF-SIGHT 7,910 7,910 - TERMINALS...................... - 61 H-1............................. 3,817 3,817 - 62 H-60............................ 20,879 20,879 - 63 RQ-4 MODS....................... 1,704 1,704 - 64 HC/MC-130 MODIFICATIONS......... 51,482 51,482 - 65 OTHER AIRCRAFT.................. 50,098 50,098 - 66 MQ-9 MODS....................... 383,594 383,594 - 68 CV-22 MODS...................... 65,348 65,348 - AIRCRAFT SPARES AND REPAIR PARTS - 69 INITIAL SPARES/REPAIR PARTS..... 708,230 970,230 - F-35 spares................. [96,000] - KC-46 spares................ [141,000] - RQ-4........................ [25,000] - COMMON SUPPORT EQUIPMENT - 72 AIRCRAFT REPLACEMENT SUPPORT 84,938 84,938 - EQUIP.......................... - POST PRODUCTION SUPPORT - 73 B-2A............................ 1,403 1,403 - 74 B-2B............................ 42,234 42,234 - 75 B-52............................ 4,641 4,641 - 76 C-17A........................... 124,805 124,805 - 79 F-15............................ 2,589 2,589 - 81 F-16............................ 15,348 15,348 - 84 RQ-4 POST PRODUCTION CHARGES.... 47,246 47,246 - INDUSTRIAL PREPAREDNESS - 86 INDUSTRIAL RESPONSIVENESS....... 17,705 17,705 - WAR CONSUMABLES - 87 WAR CONSUMABLES................. 32,102 32,102 - OTHER PRODUCTION CHARGES - 88 OTHER PRODUCTION CHARGES........ 1,194,728 1,194,728 - CLASSIFIED PROGRAMS - 999 CLASSIFIED PROGRAMS............. 34,193 34,193 - TOTAL AIRCRAFT PROCUREMENT, AIR 16,784,279 18,486,079 - FORCE.......................... - - MISSILE PROCUREMENT, AIR FORCE - MISSILE REPLACEMENT EQUIPMENT-- - BALLISTIC - 1 MISSILE REPLACEMENT EQ-BALLISTIC 55,888 55,888 - TACTICAL - 2 REPLAC EQUIP & WAR CONSUMABLES.. 9,100 9,100 - 3 JOINT AIR-TO-GROUND MUNITION.... 15,000 15,000 - 4 JOINT AIR-SURFACE STANDOFF 482,525 482,525 - MISSILE........................ - 6 SIDEWINDER (AIM-9X)............. 160,408 160,408 - 7 AMRAAM.......................... 332,250 332,250 - 8 PREDATOR HELLFIRE MISSILE....... 118,860 118,860 - 9 SMALL DIAMETER BOMB............. 275,438 275,438 - 10 SMALL DIAMETER BOMB II.......... 212,434 212,434 - INDUSTRIAL FACILITIES - 11 INDUSTR'L PREPAREDNS/POL 801 801 - PREVENTION..................... - CLASS IV - 12 ICBM FUZE MOD................... 5,000 5,000 - 13 ICBM FUZE MOD AP................ 14,497 14,497 - 14 MM III MODIFICATIONS............ 50,831 59,731 - Air Force requested transfer [8,900] - 15 AGM-65D MAVERICK................ 294 294 - 16 AIR LAUNCH CRUISE MISSILE (ALCM) 77,387 68,487 - Air Force requested transfer [-8,900] - MISSILE SPARES AND REPAIR PARTS - 18 MSL SPRS/REPAIR PARTS (INITIAL). 1,910 1,910 - 19 REPLEN SPARES/REPAIR PARTS...... 82,490 82,490 - SPECIAL PROGRAMS - 23 SPECIAL UPDATE PROGRAMS......... 144,553 144,553 - CLASSIFIED PROGRAMS - 999 CLASSIFIED PROGRAMS............. 849,521 849,521 - TOTAL MISSILE PROCUREMENT, AIR 2,889,187 2,889,187 - FORCE.......................... - - SPACE PROCUREMENT, AIR FORCE - SPACE PROGRAMS - 1 ADVANCED EHF.................... 31,894 31,894 - 2 AF SATELLITE COMM SYSTEM........ 56,298 56,298 - 4 COUNTERSPACE SYSTEMS............ 5,700 5,700 - 5 FAMILY OF BEYOND LINE-OF-SIGHT 34,020 34,020 - TERMINALS...................... - 7 GENERAL INFORMATION TECH--SPACE. 3,244 3,244 - 8 GPSIII FOLLOW ON................ 414,625 414,625 - 9 GPS III SPACE SEGMENT........... 31,466 31,466 - 12 SPACEBORNE EQUIP (COMSEC)....... 32,031 32,031 - 13 MILSATCOM....................... 11,096 11,096 - 15 EVOLVED EXPENDABLE LAUNCH 1,237,635 1,237,635 - VEH(SPACE)..................... - 16 SBIR HIGH (SPACE)............... 233,952 233,952 - 17 NUDET DETECTION SYSTEM.......... 7,432 7,432 - 18 ROCKET SYSTEMS LAUNCH PROGRAM... 11,473 11,473 - 19 SPACE FENCE..................... 71,784 71,784 - 20 SPACE MODS...................... 106,330 106,330 - 21 SPACELIFT RANGE SYSTEM SPACE.... 118,140 118,140 - SPARES - 22 SPARES AND REPAIR PARTS......... 7,263 7,263 - TOTAL SPACE PROCUREMENT, AIR 2,414,383 2,414,383 - FORCE.......................... - - PROCUREMENT OF AMMUNITION, AIR - FORCE - ROCKETS - 1 ROCKETS......................... 0 133,268 - Transfer back to base [133,268] - funding..................... - CARTRIDGES - 2 CARTRIDGES...................... 0 140,449 - Transfer back to base [140,449] - funding..................... - BOMBS - 3 PRACTICE BOMBS.................. 0 29,313 - Transfer back to base [29,313] - funding..................... - 4 GENERAL PURPOSE BOMBS........... 0 85,885 - Transfer back to base [85,885] - funding..................... - 6 JOINT DIRECT ATTACK MUNITION.... 0 1,066,224 - Transfer back to base [1,066,224] - funding..................... - 7 B61............................. 0 80,773 - Transfer back to base [80,773] - funding..................... - OTHER ITEMS - 9 CAD/PAD......................... 0 47,069 - Transfer back to base [47,069] - funding..................... - 10 EXPLOSIVE ORDNANCE DISPOSAL 0 6,133 - (EOD).......................... - Transfer back to base [6,133] - funding..................... - 11 SPARES AND REPAIR PARTS......... 0 533 - Transfer back to base [533] - funding..................... - 12 MODIFICATIONS................... 0 1,291 - Transfer back to base [1,291] - funding..................... - 13 ITEMS LESS THAN $5,000,000...... 0 1,677 - Transfer back to base [1,677] - funding..................... - FLARES - 15 FLARES.......................... 0 36,116 - Transfer back to base [36,116] - funding..................... - FUZES - 16 FUZES........................... 0 1,734 - Transfer back to base [1,734] - funding..................... - SMALL ARMS - 17 SMALL ARMS...................... 0 37,496 - Transfer back to base [37,496] - funding..................... - TOTAL PROCUREMENT OF AMMUNITION, 0 1,667,961 - AIR FORCE...................... - - OTHER PROCUREMENT, AIR FORCE - PASSENGER CARRYING VEHICLES - 1 PASSENGER CARRYING VEHICLES..... 15,238 15,238 - CARGO AND UTILITY VEHICLES - 2 MEDIUM TACTICAL VEHICLE......... 34,616 34,616 - 3 CAP VEHICLES.................... 1,040 1,040 - 4 CARGO AND UTILITY VEHICLES...... 23,133 23,133 - SPECIAL PURPOSE VEHICLES - 5 JOINT LIGHT TACTICAL VEHICLE.... 32,027 32,027 - 6 SECURITY AND TACTICAL VEHICLES.. 1,315 1,315 - 7 SPECIAL PURPOSE VEHICLES........ 14,593 14,593 - FIRE FIGHTING EQUIPMENT - 8 FIRE FIGHTING/CRASH RESCUE 28,604 28,604 - VEHICLES....................... - MATERIALS HANDLING EQUIPMENT - 9 MATERIALS HANDLING VEHICLES..... 21,848 21,848 - BASE MAINTENANCE SUPPORT - 10 RUNWAY SNOW REMOV AND CLEANING 2,925 2,925 - EQU............................ - 11 BASE MAINTENANCE SUPPORT 55,776 55,776 - VEHICLES....................... - COMM SECURITY EQUIPMENT(COMSEC) - 13 COMSEC EQUIPMENT................ 91,461 91,461 - INTELLIGENCE PROGRAMS - 14 INTERNATIONAL INTEL TECH & 11,386 11,386 - ARCHITECTURES.................. - 15 INTELLIGENCE TRAINING EQUIPMENT. 7,619 7,619 - 16 INTELLIGENCE COMM EQUIPMENT..... 35,558 35,558 - ELECTRONICS PROGRAMS - 17 AIR TRAFFIC CONTROL & LANDING 17,939 17,939 - SYS............................ - 19 BATTLE CONTROL SYSTEM--FIXED.... 3,063 3,063 - 21 WEATHER OBSERVATION FORECAST.... 31,447 31,447 - 22 STRATEGIC COMMAND AND CONTROL... 5,090 5,090 - 23 CHEYENNE MOUNTAIN COMPLEX....... 10,145 10,145 - 24 MISSION PLANNING SYSTEMS........ 14,508 14,508 - 26 INTEGRATED STRAT PLAN & ANALY 9,901 9,901 - NETWORK (ISPAN)................ - SPCL COMM-ELECTRONICS PROJECTS - 27 GENERAL INFORMATION TECHNOLOGY.. 26,933 26,933 - 28 AF GLOBAL COMMAND & CONTROL SYS. 2,756 2,756 - 29 BATTLEFIELD AIRBORNE CONTROL 48,478 48,478 - NODE (BACN).................... - 30 MOBILITY COMMAND AND CONTROL.... 21,186 21,186 - 31 AIR FORCE PHYSICAL SECURITY 178,361 178,361 - SYSTEM......................... - 32 COMBAT TRAINING RANGES.......... 233,993 261,993 - Joint threat emitters....... [28,000] - 33 MINIMUM ESSENTIAL EMERGENCY COMM 132,648 132,648 - N.............................. - 34 WIDE AREA SURVEILLANCE (WAS).... 80,818 80,818 - 35 C3 COUNTERMEASURES.............. 25,036 25,036 - 36 INTEGRATED PERSONNEL AND PAY 20,900 0 - SYSTEM......................... - Poor agile implementation... [-20,900] - 37 GCSS-AF FOS..................... 11,226 11,226 - 38 DEFENSE ENTERPRISE ACCOUNTING & 1,905 1,905 - MGT SYS........................ - 39 MAINTENANCE REPAIR & OVERHAUL 1,912 1,912 - INITIATIVE..................... - 40 THEATER BATTLE MGT C2 SYSTEM.... 6,337 6,337 - 41 AIR & SPACE OPERATIONS CENTER 33,243 33,243 - (AOC).......................... - AIR FORCE COMMUNICATIONS - 43 BASE INFORMATION TRANSPT INFRAST 69,530 69,530 - (BITI) WIRED................... - 44 AFNET........................... 147,063 147,063 - 45 JOINT COMMUNICATIONS SUPPORT 6,505 6,505 - ELEMENT (JCSE)................. - 46 USCENTCOM....................... 20,190 20,190 - 47 USSTRATCOM...................... 11,244 11,244 - ORGANIZATION AND BASE - 48 TACTICAL C-E EQUIPMENT.......... 143,757 143,757 - 50 RADIO EQUIPMENT................. 15,402 15,402 - 51 CCTV/AUDIOVISUAL EQUIPMENT...... 3,211 3,211 - 52 BASE COMM INFRASTRUCTURE........ 43,123 43,123 - MODIFICATIONS - 53 COMM ELECT MODS................. 14,500 14,500 - PERSONAL SAFETY & RESCUE EQUIP - 54 PERSONAL SAFETY AND RESCUE 50,634 50,634 - EQUIPMENT...................... - DEPOT PLANT+MTRLS HANDLING EQ - 55 POWER CONDITIONING EQUIPMENT.... 11,000 11,000 - 56 MECHANIZED MATERIAL HANDLING 11,901 11,901 - EQUIP.......................... - BASE SUPPORT EQUIPMENT - 57 BASE PROCURED EQUIPMENT......... 23,963 23,963 - 58 ENGINEERING AND EOD EQUIPMENT... 34,124 34,124 - 59 MOBILITY EQUIPMENT.............. 26,439 26,439 - 60 FUELS SUPPORT EQUIPMENT (FSE)... 24,255 24,255 - 61 BASE MAINTENANCE AND SUPPORT 38,986 38,986 - EQUIPMENT...................... - SPECIAL SUPPORT PROJECTS - 63 DARP RC135...................... 26,716 26,716 - 64 DCGS-AF......................... 116,055 116,055 - 66 SPECIAL UPDATE PROGRAM.......... 835,148 835,148 - CLASSIFIED PROGRAMS - 999 CLASSIFIED PROGRAMS............. 17,637,807 18,292,807 - Transfer back to base [655,000] - funding..................... - SPARES AND REPAIR PARTS - 67 SPARES AND REPAIR PARTS......... 81,340 81,340 - TOTAL OTHER PROCUREMENT, AIR 20,687,857 21,349,957 - FORCE.......................... - - PROCUREMENT, DEFENSE-WIDE - MAJOR EQUIPMENT, DCMA - 2 MAJOR EQUIPMENT................. 2,432 2,432 - MAJOR EQUIPMENT, DHRA - 3 PERSONNEL ADMINISTRATION........ 5,030 5,030 - MAJOR EQUIPMENT, DISA - 8 INFORMATION SYSTEMS SECURITY.... 3,318 4,718 - Sharkseer transfer.......... [1,400] - 9 TELEPORT PROGRAM................ 25,103 25,103 - 10 ITEMS LESS THAN $5 MILLION...... 26,416 26,416 - 12 DEFENSE INFORMATION SYSTEM 17,574 17,574 - NETWORK........................ - 14 WHITE HOUSE COMMUNICATION AGENCY 45,079 45,079 - 15 SENIOR LEADERSHIP ENTERPRISE.... 78,669 78,669 - 16 JOINT REGIONAL SECURITY STACKS 88,000 88,000 - (JRSS)......................... - 17 JOINT SERVICE PROVIDER.......... 107,907 107,907 - MAJOR EQUIPMENT, DLA - 19 MAJOR EQUIPMENT................. 8,122 8,122 - MAJOR EQUIPMENT, DMACT - 20 MAJOR EQUIPMENT................. 10,961 10,961 - MAJOR EQUIPMENT, DODEA - 21 AUTOMATION/EDUCATIONAL SUPPORT & 1,320 1,320 - LOGISTICS...................... - MAJOR EQUIPMENT, DPAA - 22 MAJOR EQUIPMENT, DPAA........... 1,504 1,504 - MAJOR EQUIPMENT, DSS - 23 MAJOR EQUIPMENT................. 496 496 - MAJOR EQUIPMENT, DEFENSE THREAT - REDUCTION AGENCY - 25 VEHICLES........................ 211 211 - 26 OTHER MAJOR EQUIPMENT........... 11,521 11,521 - MAJOR EQUIPMENT, MISSILE DEFENSE - AGENCY - 28 THAAD........................... 425,863 0 - THAAD program transfer to [-425,863] - Army........................ - 29 GROUND BASED MIDCOURSE.......... 9,471 9,471 - 31 AEGIS BMD....................... 600,773 600,773 - 32 AEGIS BMD AP.................... 96,995 96,995 - 33 BMDS AN/TPY-2 RADARS............ 10,046 10,046 - 34 ARROW 3 UPPER TIER SYSTEMS...... 55,000 55,000 - 35 SHORT RANGE BALLISTIC MISSILE 50,000 50,000 - DEFENSE (SRBMD)................ - 36 AEGIS ASHORE PHASE III.......... 25,659 25,659 - 37 IRON DOME....................... 95,000 95,000 - 38 AEGIS BMD HARDWARE AND SOFTWARE. 124,986 124,986 - MAJOR EQUIPMENT, NSA - 44 INFORMATION SYSTEMS SECURITY 1,533 133 - PROGRAM (ISSP)................. - Sharkseer transfer.......... [-1,400] - MAJOR EQUIPMENT, OSD - 45 MAJOR EQUIPMENT, OSD............ 43,705 43,705 - MAJOR EQUIPMENT, TJS - 46 MAJOR EQUIPMENT, TJS............ 6,905 6,905 - 47 MAJOR EQUIPMENT--TJS CYBER...... 1,458 1,458 - MAJOR EQUIPMENT, WHS - 49 MAJOR EQUIPMENT, WHS............ 507 507 - CLASSIFIED PROGRAMS - 999 CLASSIFIED PROGRAMS............. 584,366 589,366 - Transfer back to base [5,000] - funding..................... - AVIATION PROGRAMS - 53 ROTARY WING UPGRADES AND 172,020 172,020 - SUSTAINMENT.................... - 54 UNMANNED ISR.................... 15,208 15,208 - 55 NON-STANDARD AVIATION........... 32,310 32,310 - 56 U-28............................ 10,898 10,898 - 57 MH-47 CHINOOK................... 173,812 173,812 - 58 CV-22 MODIFICATION.............. 17,256 17,256 - 59 MQ-9 UNMANNED AERIAL VEHICLE.... 5,338 5,338 - 60 PRECISION STRIKE PACKAGE........ 232,930 232,930 - 61 AC/MC-130J...................... 173,419 164,619 - RFCM schedule delay......... [-8,800] - 62 C-130 MODIFICATIONS............. 15,582 15,582 - SHIPBUILDING - 63 UNDERWATER SYSTEMS.............. 58,991 58,991 - AMMUNITION PROGRAMS - 64 ORDNANCE ITEMS <$5M............. 279,992 279,992 - OTHER PROCUREMENT PROGRAMS - 65 INTELLIGENCE SYSTEMS............ 100,641 100,641 - 66 DISTRIBUTED COMMON GROUND/ 12,522 12,522 - SURFACE SYSTEMS................ - 67 OTHER ITEMS <$5M................ 103,910 103,910 - 68 COMBATANT CRAFT SYSTEMS......... 33,088 33,088 - 69 SPECIAL PROGRAMS................ 63,467 63,467 - 70 TACTICAL VEHICLES............... 77,832 77,832 - 71 WARRIOR SYSTEMS <$5M............ 298,480 298,480 - 72 COMBAT MISSION REQUIREMENTS..... 19,702 19,702 - 73 GLOBAL VIDEO SURVEILLANCE 4,787 4,787 - ACTIVITIES..................... - 74 OPERATIONAL ENHANCEMENTS 8,175 8,175 - INTELLIGENCE................... - 75 OPERATIONAL ENHANCEMENTS........ 282,532 282,532 - CBDP - 76 CHEMICAL BIOLOGICAL SITUATIONAL 162,406 162,406 - AWARENESS...................... - 77 CB PROTECTION & HAZARD 188,188 188,188 - MITIGATION..................... - TOTAL PROCUREMENT, DEFENSE-WIDE. 5,109,416 4,679,753 - - JOINT URGENT OPERATIONAL NEEDS - FUND - JOINT URGENT OPERATIONAL NEEDS - FUND - 1 JOINT URGENT OPERATIONAL NEEDS 99,200 99,200 - FUND........................... - TOTAL JOINT URGENT OPERATIONAL 99,200 99,200 - NEEDS FUND..................... - - TOTAL PROCUREMENT............... 118,888,737 135,071,365 ------------------------------------------------------------------------- - -SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. - ------------------------------------------------------------------------- -SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands - of Dollars) -------------------------------------------------------------------------- - FY 2020 Senate - Line Item Request Authorized ------------------------------------------------------------------------- - AIRCRAFT PROCUREMENT, ARMY - FIXED WING - 3 MQ-1 UAV........................ 54,000 54,000 - ROTARY - 15 CH-47 HELICOPTER................ 25,000 25,000 - MODIFICATION OF AIRCRAFT - 21 MULTI SENSOR ABN RECON (MIP).... 80,260 80,260 - 24 GRCS SEMA MODS (MIP)............ 750 750 - 26 EMARSS SEMA MODS (MIP).......... 22,180 22,180 - 27 UTILITY/CARGO AIRPLANE MODS..... 8,362 8,362 - 29 NETWORK AND MISSION PLAN........ 10 10 - 31 DEGRADED VISUAL ENVIRONMENT..... 49,450 49,450 - GROUND SUPPORT AVIONICS - 37 CMWS............................ 130,219 130,219 - 38 COMMON INFRARED COUNTERMEASURES 9,310 9,310 - (CIRCM)........................ - OTHER SUPPORT - 45 LAUNCHER GUIDED MISSILE: LONGBOW 2,000 2,000 - HELLFIRE XM2................... - TOTAL AIRCRAFT PROCUREMENT, ARMY 381,541 381,541 - - MISSILE PROCUREMENT, ARMY - SURFACE-TO-AIR MISSILE SYSTEM - 1 SYSTEM INTEGRATION AND TEST 113,857 0 - PROCUREMENT.................... - Transfer back to base [-113,857] - funding..................... - 2 M-SHORAD--PROCUREMENT........... 262,100 158,300 - Transfer back to base [-103,800] - funding..................... - 3 MSE MISSILE..................... 736,541 37,938 - Transfer back to base [-698,603] - funding..................... - 4 INDIRECT FIRE PROTECTION 9,337 0 - CAPABILITY INC 2-I............. - Transfer back to base [-9,337] - funding..................... - AIR-TO-SURFACE MISSILE SYSTEM - 6 HELLFIRE SYS SUMMARY............ 429,549 236,265 - Transfer back to base [-193,284] - funding..................... - 7 JOINT AIR-TO-GROUND MSLS (JAGM). 233,353 0 - Transfer back to base [-233,353] - funding..................... - ANTI-TANK/ASSAULT MISSILE SYS - 8 JAVELIN (AAWS-M) SYSTEM SUMMARY. 142,794 4,389 - Transfer back to base [-138,405] - funding..................... - 9 TOW 2 SYSTEM SUMMARY............ 114,340 0 - Transfer back to base [-114,340] - funding..................... - 10 TOW 2 SYSTEM SUMMARY AP......... 10,500 0 - Transfer back to base [-10,500] - funding..................... - 11 GUIDED MLRS ROCKET (GMLRS)...... 1,228,809 431,596 - Transfer back to base [-797,213] - funding..................... - 12 MLRS REDUCED RANGE PRACTICE 27,555 0 - ROCKETS (RRPR)................. - Transfer back to base [-27,555] - funding..................... - 14 ARMY TACTICAL MSL SYS (ATACMS)-- 340,612 130,770 - SYS SUM........................ - Transfer back to base [-209,842] - funding..................... - 15 LETHAL MINIATURE AERIAL MISSILE 83,300 83,300 - SYSTEM (LMAMS.................. - MODIFICATIONS - 16 PATRIOT MODS.................... 279,464 0 - Transfer back to base [-279,464] - funding..................... - 17 ATACMS MODS..................... 85,320 0 - Transfer back to base [-85,320] - funding..................... - 18 GMLRS MOD....................... 5,094 0 - Transfer back to base [-5,094] - funding..................... - 19 STINGER MODS.................... 89,115 7,500 - Transfer back to base [-81,615] - funding..................... - 20 AVENGER MODS.................... 14,107 0 - Transfer back to base [-14,107] - funding..................... - 21 ITAS/TOW MODS................... 3,469 0 - Transfer back to base [-3,469] - funding..................... - 22 MLRS MODS....................... 387,019 348,000 - Transfer back to base [-39,019] - funding..................... - 23 HIMARS MODIFICATIONS............ 12,483 0 - Transfer back to base [-12,483] - funding..................... - SPARES AND REPAIR PARTS - 24 SPARES AND REPAIR PARTS......... 26,444 0 - Transfer back to base [-26,444] - funding..................... - SUPPORT EQUIPMENT & FACILITIES - 25 AIR DEFENSE TARGETS............. 10,593 0 - Transfer back to base [-10,593] - funding..................... - TOTAL MISSILE PROCUREMENT, ARMY. 4,645,755 1,438,058 - - PROCUREMENT OF W&TCV, ARMY - TRACKED COMBAT VEHICLES - 2 ARMORED MULTI PURPOSE VEHICLE 221,638 221,638 - (AMPV)......................... - MODIFICATION OF TRACKED COMBAT - VEHICLES - 3 STRYKER (MOD)................... 4,100 4,100 - 8 IMPROVED RECOVERY VEHICLE (M88A2 80,146 80,146 - HERCULES)...................... - 13 M1 ABRAMS TANK (MOD)............ 13,100 13,100 - WEAPONS & OTHER COMBAT VEHICLES - 15 M240 MEDIUM MACHINE GUN (7.62MM) 900 900 - 16 MULTI-ROLE ANTI-ARMOR ANTI- 2,400 2,400 - PERSONNEL WEAPON S............. - 19 MORTAR SYSTEMS.................. 18,941 18,941 - 20 XM320 GRENADE LAUNCHER MODULE 526 526 - (GLM).......................... - 23 CARBINE......................... 1,183 1,183 - 25 COMMON REMOTELY OPERATED WEAPONS 4,182 4,182 - STATION........................ - 26 HANDGUN......................... 248 248 - MOD OF WEAPONS AND OTHER COMBAT - VEH - 31 M2 50 CAL MACHINE GUN MODS...... 6,090 6,090 - TOTAL PROCUREMENT OF W&TCV, ARMY 353,454 353,454 - - PROCUREMENT OF AMMUNITION, ARMY - SMALL/MEDIUM CAL AMMUNITION - 1 CTG, 5.56MM, ALL TYPES.......... 69,516 567 - Transfer back to base [-68,949] - funding..................... - 2 CTG, 7.62MM, ALL TYPES.......... 114,268 40 - Transfer back to base [-114,228] - funding..................... - 3 CTG, HANDGUN, ALL TYPES......... 17,824 17 - Transfer back to base [-17,807] - funding..................... - 4 CTG, .50 CAL, ALL TYPES......... 64,155 189 - Transfer back to base [-63,966] - funding..................... - 5 CTG, 20MM, ALL TYPES............ 35,920 0 - Transfer back to base [-35,920] - funding..................... - 6 CTG, 25MM, ALL TYPES............ 8,990 0 - Transfer back to base [-8,990] - funding..................... - 7 CTG, 30MM, ALL TYPES............ 93,713 24,900 - Transfer back to base [-68,813] - funding..................... - 8 CTG, 40MM, ALL TYPES............ 103,952 0 - Transfer back to base [-103,952] - funding..................... - MORTAR AMMUNITION - 9 60MM MORTAR, ALL TYPES.......... 50,580 0 - Transfer back to base [-50,580] - funding..................... - 10 81MM MORTAR, ALL TYPES.......... 59,373 0 - Transfer back to base [-59,373] - funding..................... - 11 120MM MORTAR, ALL TYPES......... 125,452 0 - Transfer back to base [-125,452] - funding..................... - TANK AMMUNITION - 12 CARTRIDGES, TANK, 105MM AND 171,284 0 - 120MM, ALL TYPES............... - Transfer back to base [-171,284] - funding..................... - ARTILLERY AMMUNITION - 13 ARTILLERY CARTRIDGES, 75MM & 44,675 0 - 105MM, ALL TYPES............... - Transfer back to base [-44,675] - funding..................... - 14 ARTILLERY PROJECTILE, 155MM, ALL 266,037 0 - TYPES.......................... - Transfer back to base [-266,037] - funding..................... - 15 PROJ 155MM EXTENDED RANGE M982.. 93,486 36,052 - Transfer back to base [-57,434] - funding..................... - 16 ARTILLERY PROPELLANTS, FUZES AND 278,873 7,271 - PRIMERS, ALL................... - Transfer back to base [-271,602] - funding..................... - MINES - 17 MINES & CLEARING CHARGES, ALL 55,433 0 - TYPES.......................... - Transfer back to base [-55,433] - funding..................... - ROCKETS - 18 SHOULDER LAUNCHED MUNITIONS, ALL 75,054 176 - TYPES.......................... - Transfer back to base [-74,878] - funding..................... - 19 ROCKET, HYDRA 70, ALL TYPES..... 255,453 79,459 - Transfer back to base [-175,994] - funding..................... - OTHER AMMUNITION - 20 CAD/PAD, ALL TYPES.............. 7,595 0 - Transfer back to base [-7,595] - funding..................... - 21 DEMOLITION MUNITIONS, ALL TYPES. 51,651 0 - Transfer back to base [-51,651] - funding..................... - 22 GRENADES, ALL TYPES............. 40,592 0 - Transfer back to base [-40,592] - funding..................... - 23 SIGNALS, ALL TYPES.............. 18,609 0 - Transfer back to base [-18,609] - funding..................... - 24 SIMULATORS, ALL TYPES........... 16,054 0 - Transfer back to base [-16,054] - funding..................... - MISCELLANEOUS - 25 AMMO COMPONENTS, ALL TYPES...... 5,261 0 - Transfer back to base [-5,261] - funding..................... - 26 NON-LETHAL AMMUNITION, ALL TYPES 715 0 - Transfer back to base [-715] - funding..................... - 27 ITEMS LESS THAN $5 MILLION 9,224 11 - (AMMO)......................... - Transfer back to base [-9,213] - funding..................... - 28 AMMUNITION PECULIAR EQUIPMENT... 10,044 0 - Transfer back to base [-10,044] - funding..................... - 29 FIRST DESTINATION TRANSPORTATION 18,492 0 - (AMMO)......................... - Transfer back to base [-18,492] - funding..................... - 30 CLOSEOUT LIABILITIES............ 99 0 - Transfer back to base [-99] - funding..................... - PRODUCTION BASE SUPPORT - 31 INDUSTRIAL FACILITIES........... 474,511 0 - Transfer back to base [-474,511] - funding..................... - 32 CONVENTIONAL MUNITIONS 202,512 0 - DEMILITARIZATION............... - Transfer back to base [-202,512] - funding..................... - 33 ARMS INITIATIVE................. 3,833 0 - Transfer back to base [-3,833] - funding..................... - TOTAL PROCUREMENT OF AMMUNITION, 2,843,230 148,682 - ARMY........................... - - OTHER PROCUREMENT, ARMY - TACTICAL VEHICLES - 10 FAMILY OF HEAVY TACTICAL 26,917 26,917 - VEHICLES (FHTV)................ - 11 PLS ESP......................... 16,941 16,941 - 12 HVY EXPANDED MOBILE TACTICAL 62,734 62,734 - TRUCK EXT SERV................. - 14 TACTICAL WHEELED VEHICLE 50,000 50,000 - PROTECTION KITS................ - 15 MODIFICATION OF IN SVC EQUIP.... 28,000 28,000 - COMM--JOINT COMMUNICATIONS - 22 TACTICAL NETWORK TECHNOLOGY MOD 40,000 40,000 - IN SVC......................... - COMM--SATELLITE COMMUNICATIONS - 29 TRANSPORTABLE TACTICAL COMMAND 6,930 6,930 - COMMUNICATIONS................. - 31 ASSURED POSITIONING, NAVIGATION 11,778 11,778 - AND TIMING..................... - 32 SMART-T (SPACE)................. 825 825 - COMM--COMBAT COMMUNICATIONS - 40 RADIO TERMINAL SET, MIDS LVT(2). 350 350 - 47 COTS COMMUNICATIONS EQUIPMENT... 20,400 20,400 - 48 FAMILY OF MED COMM FOR COMBAT 1,231 1,231 - CASUALTY CARE.................. - COMM--INTELLIGENCE COMM - 51 CI AUTOMATION ARCHITECTURE (MIP) 6,200 6,200 - COMM--LONG HAUL COMMUNICATIONS - 59 BASE SUPPORT COMMUNICATIONS..... 20,482 20,482 - COMM--BASE COMMUNICATIONS - 60 INFORMATION SYSTEMS............. 55,800 55,800 - 63 INSTALLATION INFO INFRASTRUCTURE 75,820 75,820 - MOD PROGRAM.................... - ELECT EQUIP--TACT INT REL ACT - (TIARA) - 68 DCGS-A (MIP).................... 38,613 38,613 - 70 TROJAN (MIP).................... 1,337 1,337 - 71 MOD OF IN-SVC EQUIP (INTEL SPT) 2,051 2,051 - (MIP).......................... - 75 BIOMETRIC TACTICAL COLLECTION 1,800 1,800 - DEVICES (MIP).................. - ELECT EQUIP--ELECTRONIC WARFARE - (EW) - 82 FAMILY OF PERSISTENT 71,493 71,493 - SURVEILLANCE CAP. (MIP)........ - 83 COUNTERINTELLIGENCE/SECURITY 6,917 6,917 - COUNTERMEASURES................ - ELECT EQUIP--TACTICAL SURV. (TAC - SURV) - 85 SENTINEL MODS................... 20,000 20,000 - 86 NIGHT VISION DEVICES............ 3,676 3,676 - 94 JOINT BATTLE COMMAND--PLATFORM 25,568 25,568 - (JBC-P)........................ - 97 COMPUTER BALLISTICS: LHMBC XM32. 570 570 - 98 MORTAR FIRE CONTROL SYSTEM...... 15,975 15,975 - ELECT EQUIP--TACTICAL C2 SYSTEMS - 103 AIR & MSL DEFENSE PLANNING & 14,331 14,331 - CONTROL SYS.................... - ELECT EQUIP--AUTOMATION - 112 ARMY TRAINING MODERNIZATION..... 6,014 6,014 - 113 AUTOMATED DATA PROCESSING EQUIP. 32,700 32,700 - CLASSIFIED PROGRAMS - CLASSIFIED PROGRAMS............. 8,200 0 - Transfer back to base [-8,200] - funding..................... - CHEMICAL DEFENSIVE EQUIPMENT - 124 FAMILY OF NON-LETHAL EQUIPMENT 25,480 25,480 - (FNLE)......................... - 125 BASE DEFENSE SYSTEMS (BDS)...... 47,110 47,110 - 126 CBRN DEFENSE.................... 18,711 18,711 - BRIDGING EQUIPMENT - 128 TACTICAL BRIDGING............... 4,884 4,884 - ENGINEER (NON-CONSTRUCTION) - EQUIPMENT - 133 GRND STANDOFF MINE DETECTN SYSM 4,500 4,500 - (GSTAMIDS)..................... - 135 HUSKY MOUNTED DETECTION SYSTEM 34,253 34,253 - (HMDS)......................... - 136 ROBOTIC COMBAT SUPPORT SYSTEM 3,300 3,300 - (RCSS)......................... - 140 RENDER SAFE SETS KITS OUTFITS... 84,000 84,000 - COMBAT SERVICE SUPPORT EQUIPMENT - 143 HEATERS AND ECU'S............... 8 8 - 145 PERSONNEL RECOVERY SUPPORT 5,101 5,101 - SYSTEM (PRSS).................. - 146 GROUND SOLDIER SYSTEM........... 1,760 1,760 - 148 FORCE PROVIDER.................. 56,400 56,400 - 150 CARGO AERIAL DEL & PERSONNEL 2,040 2,040 - PARACHUTE SYSTEM............... - PETROLEUM EQUIPMENT - 154 DISTRIBUTION SYSTEMS, PETROLEUM 13,986 13,986 - & WATER........................ - MEDICAL EQUIPMENT - 155 COMBAT SUPPORT MEDICAL.......... 2,735 2,735 - CONSTRUCTION EQUIPMENT - 159 SCRAPERS, EARTHMOVING........... 4,669 4,669 - 160 LOADERS......................... 380 380 - 162 TRACTOR, FULL TRACKED........... 8,225 8,225 - 164 HIGH MOBILITY ENGINEER EXCAVATOR 3,000 3,000 - (HMEE)......................... - 166 CONST EQUIP ESP................. 3,870 3,870 - 167 ITEMS LESS THAN $5.0M (CONST 350 350 - EQUIP)......................... - GENERATORS - 171 GENERATORS AND ASSOCIATED EQUIP. 2,436 2,436 - MATERIAL HANDLING EQUIPMENT - 173 FAMILY OF FORKLIFTS............. 5,152 5,152 - TRAINING EQUIPMENT - 175 TRAINING DEVICES, NONSYSTEM..... 2,106 2,106 - TEST MEASURE AND DIG EQUIPMENT - (TMD) - 181 INTEGRATED FAMILY OF TEST 1,395 1,395 - EQUIPMENT (IFTE)............... - OTHER SUPPORT EQUIPMENT - 184 RAPID EQUIPPING SOLDIER SUPPORT 24,122 24,122 - EQUIPMENT...................... - 185 PHYSICAL SECURITY SYSTEMS (OPA3) 10,016 10,016 - 187 MODIFICATION OF IN-SVC EQUIPMENT 33,354 33,354 - (OPA-3)........................ - 189 BUILDING, PRE-FAB, RELOCATABLE.. 62,654 62,654 - TOTAL OTHER PROCUREMENT, ARMY... 1,139,650 1,131,450 - - AIRCRAFT PROCUREMENT, NAVY - OTHER AIRCRAFT - 26 STUASL0 UAV..................... 7,921 7,921 - 27 MQ-9A REAPER.................... 77,000 77,000 - MODIFICATION OF AIRCRAFT - 36 EP-3 SERIES..................... 5,488 5,488 - 46 SPECIAL PROJECT AIRCRAFT........ 3,498 3,498 - 51 COMMON ECM EQUIPMENT............ 3,406 3,406 - 53 COMMON DEFENSIVE WEAPON SYSTEM.. 3,274 3,274 - 62 QRC............................. 18,458 18,458 - TOTAL AIRCRAFT PROCUREMENT, NAVY 119,045 119,045 - - WEAPONS PROCUREMENT, NAVY - MODIFICATION OF MISSILES - 1 TRIDENT II MODS................. 1,177,251 0 - Transfer back to base [-1,177,251] - funding..................... - SUPPORT EQUIPMENT & FACILITIES - 2 MISSILE INDUSTRIAL FACILITIES... 7,142 0 - Transfer back to base [-7,142] - funding..................... - STRATEGIC MISSILES - 3 TOMAHAWK........................ 386,730 0 - Transfer back to base [-386,730] - funding..................... - TACTICAL MISSILES - 4 AMRAAM.......................... 224,502 0 - Transfer back to base [-224,502] - funding..................... - 5 SIDEWINDER...................... 119,456 0 - Transfer back to base [-119,456] - funding..................... - 7 STANDARD MISSILE................ 404,523 0 - Transfer back to base [-404,523] - funding..................... - 8 STANDARD MISSILE AP............. 96,085 0 - Transfer back to base [-96,085] - funding..................... - 9 SMALL DIAMETER BOMB II.......... 118,466 0 - Transfer back to base [-118,466] - funding..................... - 10 RAM............................. 106,765 0 - Transfer back to base [-106,765] - funding..................... - 11 JOINT AIR GROUND MISSILE (JAGM). 90,966 90,966 - 12 HELLFIRE........................ 1,525 0 - Transfer back to base [-1,525] - funding..................... - 15 AERIAL TARGETS.................. 152,380 6,500 - Transfer back to base [-145,880] - funding..................... - 16 DRONES AND DECOYS............... 20,000 0 - Transfer back to base [-20,000] - funding..................... - 17 OTHER MISSILE SUPPORT........... 3,388 0 - Transfer back to base [-3,388] - funding..................... - 18 LRASM........................... 143,200 0 - Transfer back to base [-143,200] - funding..................... - 19 LCS OTH MISSILE................. 38,137 0 - Transfer back to base [-38,137] - funding..................... - MODIFICATION OF MISSILES - 20 ESSM............................ 128,059 0 - Transfer back to base [-128,059] - funding..................... - 21 HARPOON MODS.................... 25,447 0 - Transfer back to base [-25,447] - funding..................... - 22 HARM MODS....................... 183,740 0 - Transfer back to base [-183,740] - funding..................... - 23 STANDARD MISSILES MODS.......... 22,500 0 - Transfer back to base [-22,500] - funding..................... - SUPPORT EQUIPMENT & FACILITIES - 24 WEAPONS INDUSTRIAL FACILITIES... 1,958 0 - Transfer back to base [-1,958] - funding..................... - 25 FLEET SATELLITE COMM FOLLOW-ON.. 67,380 0 - Transfer back to base [-67,380] - funding..................... - ORDNANCE SUPPORT EQUIPMENT - 27 ORDNANCE SUPPORT EQUIPMENT...... 109,427 0 - Transfer back to base [-109,427] - funding..................... - TORPEDOES AND RELATED EQUIP - 28 SSTD............................ 5,561 0 - Transfer back to base [-5,561] - funding..................... - 29 MK-48 TORPEDO................... 114,000 0 - Transfer back to base [-114,000] - funding..................... - 30 ASW TARGETS..................... 15,095 0 - Transfer back to base [-15,095] - funding..................... - MOD OF TORPEDOES AND RELATED - EQUIP - 31 MK-54 TORPEDO MODS.............. 119,453 0 - Transfer back to base [-119,453] - funding..................... - 32 MK-48 TORPEDO ADCAP MODS........ 39,508 0 - Transfer back to base [-39,508] - funding..................... - 33 QUICKSTRIKE MINE................ 5,183 0 - Transfer back to base [-5,183] - funding..................... - SUPPORT EQUIPMENT - 34 TORPEDO SUPPORT EQUIPMENT....... 79,028 0 - Transfer back to base [-79,028] - funding..................... - 35 ASW RANGE SUPPORT............... 3,890 0 - Transfer back to base [-3,890] - funding..................... - DESTINATION TRANSPORTATION - 36 FIRST DESTINATION TRANSPORTATION 3,803 0 - Transfer back to base [-3,803] - funding..................... - GUNS AND GUN MOUNTS - 37 SMALL ARMS AND WEAPONS.......... 14,797 0 - Transfer back to base [-14,797] - funding..................... - MODIFICATION OF GUNS AND GUN - MOUNTS - 38 CIWS MODS....................... 44,126 0 - Transfer back to base [-44,126] - funding..................... - 39 COAST GUARD WEAPONS............. 44,980 0 - Transfer back to base [-44,980] - funding..................... - 40 GUN MOUNT MODS.................. 66,376 0 - Transfer back to base [-66,376] - funding..................... - 41 LCS MODULE WEAPONS.............. 14,585 0 - Transfer back to base [-14,585] - funding..................... - 43 AIRBORNE MINE NEUTRALIZATION 7,160 0 - SYSTEMS........................ - Transfer back to base [-7,160] - funding..................... - SPARES AND REPAIR PARTS - 45 SPARES AND REPAIR PARTS......... 126,138 0 - Transfer back to base [-126,138] - funding..................... - TOTAL WEAPONS PROCUREMENT, NAVY. 4,332,710 97,466 - - PROCUREMENT OF AMMO, NAVY & MC - NAVY AMMUNITION - 1 GENERAL PURPOSE BOMBS........... 63,006 26,978 - Transfer back to base [-36,028] - funding..................... - 2 JDAM............................ 82,676 12,263 - Transfer back to base [-70,413] - funding..................... - 3 AIRBORNE ROCKETS, ALL TYPES..... 76,776 45,020 - Transfer back to base [-31,756] - funding..................... - 4 MACHINE GUN AMMUNITION.......... 38,370 33,577 - Transfer back to base [-4,793] - funding..................... - 5 PRACTICE BOMBS.................. 46,611 11,903 - Transfer back to base [-34,708] - funding..................... - 6 CARTRIDGES & CART ACTUATED 60,819 15,081 - DEVICES........................ - Transfer back to base [-45,738] - funding..................... - 7 AIR EXPENDABLE COUNTERMEASURES.. 94,212 16,911 - Transfer back to base [-77,301] - funding..................... - 8 JATOS........................... 7,262 0 - Transfer back to base [-7,262] - funding..................... - 9 5 INCH/54 GUN AMMUNITION........ 22,594 0 - Transfer back to base [-22,594] - funding..................... - 10 INTERMEDIATE CALIBER GUN 37,193 0 - AMMUNITION..................... - Transfer back to base [-37,193] - funding..................... - 11 OTHER SHIP GUN AMMUNITION....... 42,753 3,262 - Transfer back to base [-39,491] - funding..................... - 12 SMALL ARMS & LANDING PARTY AMMO. 48,906 1,010 - Transfer back to base [-47,896] - funding..................... - 13 PYROTECHNIC AND DEMOLITION...... 11,158 537 - Transfer back to base [-10,621] - funding..................... - 15 AMMUNITION LESS THAN $5 MILLION. 2,386 0 - Transfer back to base [-2,386] - funding..................... - MARINE CORPS AMMUNITION - 16 MORTARS......................... 57,473 1,930 - Transfer back to base [-55,543] - funding..................... - 17 DIRECT SUPPORT MUNITIONS........ 132,937 1,172 - Transfer back to base [-131,765] - funding..................... - 18 INFANTRY WEAPONS AMMUNITION..... 80,214 2,158 - Transfer back to base [-78,056] - funding..................... - 19 COMBAT SUPPORT MUNITIONS........ 41,013 965 - Transfer back to base [-40,048] - funding..................... - 20 AMMO MODERNIZATION.............. 14,325 0 - Transfer back to base [-14,325] - funding..................... - 21 ARTILLERY MUNITIONS............. 220,923 32,047 - Transfer back to base [-188,876] - funding..................... - 22 ITEMS LESS THAN $5 MILLION...... 4,521 0 - Transfer back to base [-4,521] - funding..................... - TOTAL PROCUREMENT OF AMMO, NAVY 1,186,128 204,814 - & MC........................... - - OTHER PROCUREMENT, NAVY - OTHER SHIPBOARD EQUIPMENT - 20 UNDERWATER EOD PROGRAMS......... 5,800 5,800 - ASW ELECTRONIC EQUIPMENT - 42 FIXED SURVEILLANCE SYSTEM....... 310,503 310,503 - SONOBUOYS - 85 SONOBUOYS--ALL TYPES............ 2,910 2,910 - AIRCRAFT SUPPORT EQUIPMENT - 88 AIRCRAFT SUPPORT EQUIPMENT...... 13,420 13,420 - 94 AVIATION SUPPORT EQUIPMENT...... 500 500 - OTHER ORDNANCE SUPPORT EQUIPMENT - 103 EXPLOSIVE ORDNANCE DISPOSAL 15,307 15,307 - EQUIP.......................... - CIVIL ENGINEERING SUPPORT - EQUIPMENT - 108 PASSENGER CARRYING VEHICLES..... 173 173 - 109 GENERAL PURPOSE TRUCKS.......... 408 408 - 111 FIRE FIGHTING EQUIPMENT......... 785 785 - SUPPLY SUPPORT EQUIPMENT - 117 SUPPLY EQUIPMENT................ 100 100 - 118 FIRST DESTINATION TRANSPORTATION 510 510 - COMMAND SUPPORT EQUIPMENT - 122 COMMAND SUPPORT EQUIPMENT....... 2,800 2,800 - 123 MEDICAL SUPPORT EQUIPMENT....... 1,794 1,794 - 126 OPERATING FORCES SUPPORT 1,090 1,090 - EQUIPMENT...................... - 128 ENVIRONMENTAL SUPPORT EQUIPMENT. 200 200 - 129 PHYSICAL SECURITY EQUIPMENT..... 1,300 1,300 - TOTAL OTHER PROCUREMENT, NAVY... 357,600 357,600 - - PROCUREMENT, MARINE CORPS - GUIDED MISSILES - 12 GUIDED MLRS ROCKET (GMLRS)...... 16,919 16,919 - ENGINEER AND OTHER EQUIPMENT - 45 EOD SYSTEMS..................... 3,670 3,670 - TOTAL PROCUREMENT, MARINE CORPS. 20,589 20,589 - - AIRCRAFT PROCUREMENT, AIR FORCE - OTHER AIRCRAFT - 17 MQ-9............................ 172,240 172,240 - 18 RQ-20B PUMA..................... 12,150 12,150 - STRATEGIC AIRCRAFT - 22 LARGE AIRCRAFT INFRARED 53,335 53,335 - COUNTERMEASURES................ - OTHER AIRCRAFT - 67 MQ-9 UAS PAYLOADS............... 19,800 19,800 - AIRCRAFT SPARES AND REPAIR PARTS - 69 INITIAL SPARES/REPAIR PARTS..... 44,560 44,560 - COMMON SUPPORT EQUIPMENT - 72 AIRCRAFT REPLACEMENT SUPPORT 7,025 7,025 - EQUIP.......................... - TOTAL AIRCRAFT PROCUREMENT, AIR 309,110 309,110 - FORCE.......................... - - MISSILE PROCUREMENT, AIR FORCE - TACTICAL - 4 JOINT AIR-SURFACE STANDOFF 20,900 20,900 - MISSILE........................ - 8 PREDATOR HELLFIRE MISSILE....... 180,771 180,771 - TOTAL MISSILE PROCUREMENT, AIR 201,671 201,671 - FORCE.......................... - - PROCUREMENT OF AMMUNITION, AIR - FORCE - ROCKETS - 1 ROCKETS......................... 218,228 84,960 - Transfer back to base [-133,268] - funding..................... - CARTRIDGES - 2 CARTRIDGES...................... 193,091 52,642 - Transfer back to base [-140,449] - funding..................... - BOMBS - 3 PRACTICE BOMBS.................. 29,313 0 - Transfer back to base [-29,313] - funding..................... - 4 GENERAL PURPOSE BOMBS........... 631,194 545,309 - Transfer back to base [-85,885] - funding..................... - 6 JOINT DIRECT ATTACK MUNITION.... 1,066,224 0 - Transfer back to base [-1,066,224] - funding..................... - 7 B61............................. 80,773 0 - Transfer back to base [-80,773] - funding..................... - OTHER ITEMS - 9 CAD/PAD......................... 47,069 0 - Transfer back to base [-47,069] - funding..................... - 10 EXPLOSIVE ORDNANCE DISPOSAL 6,133 0 - (EOD).......................... - Transfer back to base [-6,133] - funding..................... - 11 SPARES AND REPAIR PARTS......... 533 0 - Transfer back to base [-533] - funding..................... - 12 MODIFICATIONS................... 1,291 0 - Transfer back to base [-1,291] - funding..................... - 13 ITEMS LESS THAN $5,000,000...... 1,677 0 - Transfer back to base [-1,677] - funding..................... - FLARES - 15 FLARES.......................... 129,388 93,272 - Transfer back to base [-36,116] - funding..................... - FUZES - 16 FUZES........................... 158,889 157,155 - Transfer back to base [-1,734] - funding..................... - SMALL ARMS - 17 SMALL ARMS...................... 43,591 6,095 - Transfer back to base [-37,496] - funding..................... - TOTAL PROCUREMENT OF AMMUNITION, 2,607,394 939,433 - AIR FORCE...................... - - OTHER PROCUREMENT, AIR FORCE - PASSENGER CARRYING VEHICLES - 1 PASSENGER CARRYING VEHICLES..... 1,276 1,276 - CARGO AND UTILITY VEHICLES - 4 CARGO AND UTILITY VEHICLES...... 9,702 9,702 - SPECIAL PURPOSE VEHICLES - 5 JOINT LIGHT TACTICAL VEHICLE.... 40,999 40,999 - 7 SPECIAL PURPOSE VEHICLES........ 52,502 52,502 - FIRE FIGHTING EQUIPMENT - 8 FIRE FIGHTING/CRASH RESCUE 16,652 16,652 - VEHICLES....................... - MATERIALS HANDLING EQUIPMENT - 9 MATERIALS HANDLING VEHICLES..... 2,944 2,944 - BASE MAINTENANCE SUPPORT - 10 RUNWAY SNOW REMOV AND CLEANING 3,753 3,753 - EQU............................ - 11 BASE MAINTENANCE SUPPORT 11,837 11,837 - VEHICLES....................... - SPCL COMM-ELECTRONICS PROJECTS - 27 GENERAL INFORMATION TECHNOLOGY.. 5,000 5,000 - 31 AIR FORCE PHYSICAL SECURITY 106,919 106,919 - SYSTEM......................... - ORGANIZATION AND BASE - 48 TACTICAL C-E EQUIPMENT.......... 306 306 - 52 BASE COMM INFRASTRUCTURE........ 4,300 4,300 - PERSONAL SAFETY & RESCUE EQUIP - 54 PERSONAL SAFETY AND RESCUE 22,200 22,200 - EQUIPMENT...................... - BASE SUPPORT EQUIPMENT - 59 MOBILITY EQUIPMENT.............. 26,535 26,535 - 60 FUELS SUPPORT EQUIPMENT (FSE)... 4,040 4,040 - 61 BASE MAINTENANCE AND SUPPORT 20,067 20,067 - EQUIPMENT...................... - CLASSIFIED PROGRAMS - CLASSIFIED PROGRAMS............. 3,864,066 3,209,066 - Transfer back to base [-655,000] - funding..................... - TOTAL OTHER PROCUREMENT, AIR 4,193,098 3,538,098 - FORCE.......................... - - PROCUREMENT, DEFENSE-WIDE - MAJOR EQUIPMENT, DISA - 9 TELEPORT PROGRAM................ 3,800 3,800 - 12 DEFENSE INFORMATION SYSTEM 12,000 12,000 - NETWORK........................ - MAJOR EQUIPMENT, DEFENSE THREAT - REDUCTION AGENCY - 27 COUNTER IED & IMPROVISED THREAT 4,590 4,590 - TECHNOLOGIES................... - CLASSIFIED PROGRAMS - CLASSIFIED PROGRAMS............. 56,380 51,380 - Transfer back to base [-5,000] - funding..................... - AVIATION PROGRAMS - 50 MANNED ISR...................... 5,000 5,000 - 51 MC-12........................... 5,000 5,000 - 52 MH-60 BLACKHAWK................. 28,100 28,100 - 54 UNMANNED ISR.................... 8,207 8,207 - 56 U-28............................ 31,500 31,500 - 57 MH-47 CHINOOK................... 37,500 37,500 - 59 MQ-9 UNMANNED AERIAL VEHICLE.... 1,900 1,900 - AMMUNITION PROGRAMS - 64 ORDNANCE ITEMS <$5M............. 138,252 138,252 - OTHER PROCUREMENT PROGRAMS - 65 INTELLIGENCE SYSTEMS............ 16,500 16,500 - 67 OTHER ITEMS <$5M................ 28 28 - 70 TACTICAL VEHICLES............... 2,990 2,990 - 71 WARRIOR SYSTEMS <$5M............ 37,512 37,512 - 72 COMBAT MISSION REQUIREMENTS..... 10,000 10,000 - 74 OPERATIONAL ENHANCEMENTS 7,594 7,594 - INTELLIGENCE................... - 75 OPERATIONAL ENHANCEMENTS........ 45,194 45,194 - TOTAL PROCUREMENT, DEFENSE-WIDE. 452,047 447,047 - - TOTAL PROCUREMENT............... 23,143,022 9,688,058 ------------------------------------------------------------------------- - - TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION +SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION. + (a) In General.--There are authorized to be appropriated to the +Department of Transportation for fiscal year 2020, to be available +without fiscal year limitation if so provided in appropriations Acts, +for programs associated with maintaining the United States Merchant +Marine, the following amounts: + (1) For expenses necessary for operations of the United States + Merchant Marine Academy, $95,944,000, of which-- + (A) $77,944,000 shall remain available until September 30, + 2021 for Academy operations; and + (B) $18,000,000 shall remain available until expended for + capital asset management at the Academy. + (2) For expenses necessary to support the State maritime + academies, $50,280,000, of which-- + (A) $2,400,000 shall remain available until September 30, + 2021, for the Student Incentive Program; + (B) $6,000,000 shall remain available until expended for + direct payments to such academies; + (C) $30,080,000 shall remain available until expended for + maintenance and repair of State maritime academy training + vessels; + (D) $3,800,000 shall remain available until expended for + training ship fuel assistance; and + (E) $8,000,000 shall remain available until expended for + offsetting the costs of training ship sharing. + (3) For expenses necessary to support the National Security + Multi-Mission Vessel Program, $600,000,000, which shall remain + available until expended. + (4) For expenses necessary to support Maritime Administration + operations and programs, $60,442,000, of which $5,000,000 shall + remain available until expended for activities authorized under + section 50307 of title 46, United States Code. + (5) For expenses necessary to dispose of vessels in the + National Defense Reserve Fleet, $5,000,000, which shall remain + available until expended. + (6) For expenses necessary to maintain and preserve a United + States flag Merchant Marine to serve the national security needs of + the United States under chapter 531 of title 46, United States + Code, $300,000,000, which shall remain available until expended. + (7) For expenses necessary for the loan guarantee program + authorized under chapter 537 of title 46, United States Code, + $33,000,000, of which-- + (A) $30,000,000 may be used for the cost (as defined in + section 502(5) of the Federal Credit Reform Act of 1990 (2 + U.S.C. 661a(5)) of loan guarantees under the program, which + shall remain available until expended; and + (B) $3,000,000 may be used for administrative expenses + relating to loan guarantee commitments under the program. + (8) For expenses necessary to provide assistance to small + shipyards and for maritime training programs under section 54101 of + title 46, United States Code, $40,000,000, which shall remain + available until expended. + (9) For expenses necessary to implement the Port and Intermodal + Improvement Program, $500,000,000, except that no funds shall be + used for a grant award to purchase fully automated cargo handling + equipment that is remotely operated or remotely monitored with or + without the exercise of human intervention or control, if the + Secretary determines such equipment would result in a net loss of + jobs within a port or port terminal. +SEC. 3502. REAUTHORIZATION OF MARITIME SECURITY PROGRAM. + (a) Award of Operating Agreements.--Section 53103 of title 46, +United States Code, is amended by striking ``2025'' each place it +appears and inserting ``2035''. + (b) Effectiveness of Operating Agreements.--Section 53104(a) of +title 46, United States Code, is amended by striking ``2025'' and +inserting ``2035''. + (c) Payments.--Section 53106(a)(1) of title 46, United States Code, +is amended-- + (1) in subparagraph (B), by striking ``and''; + (2) in subparagraph (C), by striking ``$3,700,000 for each of + fiscal years 2022, 2023, 2024, and 2025.'' and inserting + ``$5,300,000 for each of fiscal years 2022, 2023, 2024, and + 2025;''; and + (3) by adding at the end the following new subparagraphs: + ``(D) $5,800,000 for each of fiscal years 2026, 2027, and + 2028; + ``(E) $6,300,000 for each of fiscal years 2029, 2030, and + 2031; and + ``(F) $6,800,000 for each of fiscal years 2032, 2033, 2034, + and 2035.''. + (d) Authorization of Appropriations.--Section 53111 of title 46, +United States Code, is amended-- + (1) in paragraph (2), by striking ``and''; + (2) in paragraph (3), by striking ``$222,000,000 for each + fiscal year thereafter through fiscal year 2025.'' and inserting + ``$318,000,000 for each of fiscal years 2022, 2023, 2024, and + 2025;''; and + (3) by adding at the end the following new paragraphs: + ``(4) $348,000,000 for each of fiscal years 2026, 2027, and + 2028; + ``(5) $378,000,000 for each of fiscal years 2029, 2030, and + 2031; and + ``(6) $408,000,000 for each of fiscal years 2032, 2033, 2034, + and 2035.''. +SEC. 3503. MARITIME TECHNICAL ASSISTANCE PROGRAM. + Section 50307 of title 46, United States Code, is amended-- + (1) in subsection (a), by striking ``The Secretary of + Transportation may engage in the environmental study'' and + inserting ``The Secretary of Transportation, acting through the + Maritime Administrator, shall engage in the study''; + (2) in subsection (b)-- + (A) by striking ``may--'' and all that follows through + ``improvements by--'' and inserting ``shall identify, study, + evaluate, test, demonstrate, or improve emerging marine + technologies and practices to improve--''; + (B) by inserting before subparagraph (A) the following: + ``(1) environmental performance to meet United States Federal + and international standards and guidelines, including--''; + (C) in subparagraph (C), by striking ``species; and'' and + all that follows through the end of the subsection and + inserting ``species; or + ``(D) reducing propeller cavitation; and + ``(2) the efficiency and safety of domestic maritime + industries.''. + (3) in subsection (c)(2), by striking ``benefits'' and + inserting ``or other benefits to domestic maritime industries''; + and + (4) by adding at the end the following: + ``(e) Limitations on the Use of Funds.--Not more than three percent +of the funds appropriated to carry out this section may be used for +administrative purposes.''. +SEC. 3504. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED PREPARATORY +SCHOOL. + Section 51303 of title 46, United States Code, is amended-- + (1) by striking ``The Secretary'' and inserting the following: + ``(a) In General.--The Secretary''; and + (2) by adding at the end the following: + ``(b) Appointment of Candidates Selected for Preparatory School +Sponsorship.--The Secretary of Transportation may appoint each year as +cadets at the United States Merchant Marine Academy not more than 40 +qualified individuals sponsored by the Academy to attend preparatory +school during the academic year prior to entrance in the Academy, and +who have successfully met the terms and conditions of sponsorship set +by the Academy.''. +SEC. 3505. GENERAL SUPPORT PROGRAM. + Section 51501 of title 46, United States Code, is amended by adding +at the end the following: + ``(c) American Maritime Centers of Excellence.--The Secretary shall +designate each State maritime academy as an American Maritime Center of +Excellence.''. +SEC. 3506. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN PROGRAM. + (a) Definitions.--Section 53701 of title 46, United States Code, is +amended-- + (1) by striking paragraph (5); + (2) by redesignating paragraphs (6) through (15) as paragraphs + (5) through (14), respectively; and + (3) by adding at the end the following: + ``(15) Vessel of national interest.--The term `Vessel of + National Interest' means a vessel deemed to be of national interest + that meets characteristics determined by the Administrator, in + consultation with the Secretary of Defense, the Secretary of the + Department in which the Coast Guard is operating when it is not + operating as a service in the Department of the Navy, or the heads + of other Federal agencies, as described in section 53703(d).''. + (b) Preferred Lender.--Subsection (a) of section 53702 of title 46, +United States Code, is amended to read as follows: + ``(a) In General.-- + ``(1) Guarantee of payments.--The Secretary or Administrator, + on terms the Secretary or Administrator may prescribe, may + guarantee or make a commitment to guarantee the payment of the + principal of and interest on an obligation eligible to be + guaranteed under this chapter. A guarantee or commitment to + guarantee shall cover 100 percent of the principal and interest. + ``(2) Preferred eligible lender.--The Federal Financing Bank + shall be the preferred eligible lender of the principal and + interest of the guaranteed obligations issued under this + chapter.''. + (c) Application and Administration.--Section 53703 of title 46, +United States Code, is amended-- + (1) in the section heading, by striking ``procedures'' and + inserting ``and administration''; and + (2) by adding at the end the following: + ``(c) Independent Analysis.-- + ``(1) In general.--To assess and mitigate the risks due to + factors associated with markets, technology, financial, or legal + structures related to an application or guarantee under this + chapter, the Secretary or Administrator may utilize third party + experts, including legal counsel, to-- + ``(A) process and review applications under this chapter, + including conducting independent analysis and review of aspects + of an application; + ``(B) represent the Secretary or Administrator in + structuring and documenting the obligation guarantee; + ``(C) analyze and review aspects of, structure, and + document the obligation guarantee during the term of the + guarantee; + ``(D) recommend financial covenants or financial ratios to + be met by the applicant during the time a guarantee under this + chapter is outstanding that are-- + ``(i) based on the financial covenants or financial + ratios, if any, that are then applicable to the obligor + under private sector credit agreements; and + ``(ii) in lieu of other financial covenants applicable + to the obligor under this chapter with respect to + requirements regarding long-term debt-to-equity, minimum + working capital, or minimum amount of equity; and + ``(E) represent the Secretary or Administrator to protect + the security interests of the Government relating to an + obligation guarantee. + ``(2) Private sector expert.--Independent analysis, review, and + representation conducted under this subsection shall be performed + by a private sector expert in the applicable field who is selected + by the Secretary or Administrator. + ``(d) Vessels of National Interest.-- + ``(1) Notice of funding.--The Secretary or Administrator may + post a notice in the Federal Register regarding the availability of + funding for obligation guarantees under this chapter for the + construction, reconstruction, or reconditioning of a Vessel of + National Interest and include a timeline for the submission of + applications for such vessels. + ``(2) Vessel characteristics.-- + ``(A) In general.--The Secretary or Administrator, in + consultation with the Secretary of Defense, the Secretary of + the Department in which the Coast Guard is operating when it is + not operating as service in the Department of the Navy, or the + heads of other Federal agencies, shall develop and publish a + list of vessel types that would be considered Vessels of + National Interest. + ``(B) Review.--Such list shall be reviewed and revised + every four years or as necessary, as determined by the + Administrator.''. + (d) Funding Limits.--Section 53704 of title 46, United States Code, +is amended-- + (1) in subsection (a)-- + (A) by striking ``that amount'' and all the follows through + ``$850,000,000'' and inserting ``that amount, $850,000,000''; + and + (B) by striking ``facilities'' and all that follows through + the end of the subsection and inserting ``facilities.''; and + (2) in subsection (c)(4)-- + (A) by striking subparagraph (A); and + (B) by redesignating subparagraphs (B) through (K), as + subparagraphs (A) through (J), respectively. + (e) Eligible Purposes of Obligations.--Section 53706 of title 46, +United States Code, is amended-- + (1) in subsection (a)(1)(A)-- + (A) in the matter preceding clause (i), by striking + ``(including an eligible export vessel)''; + (B) in clause (iv) by inserting ``or'' after the semicolon; + (C) in clause (v), by striking ``; or'' and inserting a + period; and + (D) by striking clause (vi); and + (2) in subsection (c)(1)-- + (A) in subparagraph (A), by striking ``and'' after the + semicolon; + (B) in subparagraph (B)(ii), by striking the period at the + end and inserting ``; and''; and + (C) by adding at the end the following: + ``(C) after applying subparagraphs (A) and (B), Vessels of + National Interest.''. + (f) Amount of Obligations.--Section 53709(b) of title 46, United +States Code, is amended-- + (1) by striking paragraphs (3) and (6); and + (2) by redesignating paragraphs (4) and (5) as paragraphs (3) + and (4), respectively. + (g) Contents of Obligations.--Section 53710 of title 46, United +States Code, is amended-- + (1) in subsection (a)(4)-- + (A) in subparagraph (A)-- + (i) by striking ``or, in the case of'' and all that + follows through ``party''; and + (ii) by striking ``and'' after the semicolon; and + (B) in subparagraph (B), by striking the period at the end + and inserting ``; and''; and + (C) by adding at the end the following: + ``(C) documented under the laws of the United States for + the term of the guarantee of the obligation or until the + obligation is paid in full, whichever is sooner.''; and + (2) in subsection (c)-- + (A) in the subsection heading, by inserting ``and Provide + for the Financial Stability of the Obligor'' after + ``Interests''; + (B) by striking ``provisions for the protection of'' and + inserting ``provisions, which shall include-- + ``(1) provisions for the protection of''; + (C) by striking ``, and other matters that the Secretary or + Administrator may prescribe.'' and inserting, ``; and''; and + (D) by adding at the end the following: + ``(2) any other provisions that the Secretary or Administrator + may prescribe.''. + (h) Administrative Fees.--Section 53713 of title 46, United States +Code, is amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by striking + ``reasonable for--'' and inserting `` reasonable for processing + the application and monitoring the loan guarantee, including + for--''; + (B) in paragraph (4), by striking ``; and'' and inserting + ``or a deposit fund under section 53716 of this title;''; + (C) in paragraph (5), by striking the period at the end and + inserting ``; and''; and + (D) by adding at the end the following: + ``(6) monitoring and providing services related to the + obligor's compliance with any terms related to the obligations, the + guarantee, or maintenance of the Secretary or Administrator's + security interests under this chapter.''; and + (2) in subsection (c)-- + (A) in paragraph (1), by striking ``under section 53708(d) + of this title'' and inserting ``under section 53703(c) of this + title''; + (B) by redesignating paragraphs (1) through (3) as + subparagraphs (A) through (C), respectively, and adjusting the + margins accordingly; + (C) by striking ``The Secretary'' and inserting the + following: + ``(1) In general.--The Secretary''; and + (D) by adding at the end the following: + ``(2) Fee limitation inapplicable.--Fees collected under this + subsection are not subject to the limitation of subsection (b).''. + (i) Best Practices; Eligible Export Vessels.--Chapter 537 of title +46, United States Code, is further amended-- + (1) in subchapter I, by adding at the end the following new + section: +``Sec. 53719. Best practices + ``The Secretary or Administrator shall ensure that all standard +documents and agreements that relate to loan guarantees made pursuant +to this chapter are reviewed and updated every four years to ensure +that such documents and agreements meet the current commercial best +practices to the extent permitted by law.''; and + (2) in subchapter III, by striking section 53732. + (j) Expedited Consideration of Low-risk Applications.-- + (1) In general.--In accordance with the requirements of this + subsection, the Administrator shall establish an administrative + process and issue guidance for the expedited consideration of low- + risk applications submitted under chapter 537 of title 46, United + States Code. + (2) Stakeholder comment.--Not later than 180 days after the + date of enactment of this section, the Administrator of the + Maritime Administration shall publish in the Federal Register a + notice of a 45-day public comment period to request stakeholder + input and recommendations to establish the administrative process + required under this subsection, including proposals to assist + applicants-- + (A) in the development and submission of initial + applications; + (B) in meeting requests for supplemental information made + by the Administrator; and + (C) to comply with other requirements made by the + Administrator to ensure the expedited consideration of + applications. + (3) Industry best practices.--The administrative process + established under this subsection shall utilize, to the extent + practicable, relevant Federal and industry best practices found in + the maritime and shipbuilding industries. + (4) Final guidance.--Not later than 90 days after the + conclusion of the public comment period required under paragraph + (2), the Administrator shall publish in the Federal Register final + guidance to assist applicants in the preparation and filing of + applications under this subsection. + (k) Congressional Notification.-- + (1) Notification.--Not less than 60 days before reorganizing or + consolidating the activities or personnel covered under chapter 537 + of title 46, United States Code, the Secretary of Transportation + shall notify, in writing, the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Transportation + and Infrastructure of the House of Representatives of the proposed + reorganization or consolidation. + (2) Contents.--Each notification under paragraph (1) shall + include an evaluation of, and justification for, the reorganization + or consolidation. + (l) Clerical Amendments.--The table of sections at the beginning of +chapter 537 of title 46, United States Code, is amended-- + (1) by inserting after the item relating to section 53718 the + following new item: + +``53719. Best practices.''; and + + (2) by striking the item relating to section 53732. +SEC. 3507. REQUIREMENT FOR SMALL SHIPYARD GRANTEES. + (a) In General.--Section 54101(d) of title 46, United States Code, +is amended-- + (1) by striking ``Grants awarded'' and inserting the following: + ``(1) In general.--Grants awarded''; and + (2) by adding at the end the following: + ``(2) Buy america.-- + ``(A) In general.--Subject to subparagraph (B), no funds + may be obligated by the Administrator of the Maritime + Administration under this section, unless each product and + material purchased with those funds (including products and + materials purchased by a grantee), and including any + commercially available off-the-shelf item, is-- + ``(i) an unmanufactured article, material, or supply + that has been mined or produced in the United States; or + ``(ii) a manufactured article, material, or supply that + has been manufactured in the United States substantially + all from articles, materials, or supplies mined, produced, + or manufactured in the United States. + ``(B) Exceptions.-- + ``(i) In general.--Notwithstanding subparagraph (A), + the requirements of that subparagraph shall not apply with + respect to a particular product or material if the + Administrator determines-- + + ``(I) that the application of those requirements + would be inconsistent with the public interest; + ``(II) that such product or material is not + available in the United States in sufficient and + reasonably available quantities, of a satisfactory + quality, or on a timely basis; or + ``(III) that inclusion of a domestic product or + material will increase the cost of that product or + material by more than 25 percent, with respect to a + certain contract between a grantee and that grantee's + supplier. + + ``(ii) Federal register.--A determination made by the + Administrator under this subparagraph shall be published in + the Federal Register. + ``(C) Definitions.--ln this paragraph: + ``(i) The term `commercially available off-the-shelf + item' means-- + + ``(I) any item of supply (including construction + material) that is-- + + ``(aa) a commercial item, as defined by section + 2.101 of title 48, Code of Federal Regulations (as + in effect on the date of the enactment of the + National Defense Authorization Act for Fiscal Year + 2020); and + ``(bb) sold in substantial quantities in the + commercial marketplace; and + + ``(II) does not include bulk cargo, as defined in + section 40102(4) of this title, such as agricultural + products and petroleum products. + + ``(ii) The term `product or material' means an article, + material, or supply brought to the site by the recipient + for incorporation into the building, work, or project. The + term also includes an item brought to the site preassembled + from articles, materials, or supplies. However, emergency + life safety systems, such as emergency lighting, fire + alarm, and audio evacuation systems, that are discrete + systems incorporated into a public building or work and + that are produced as complete systems, are evaluated as a + single and distinct construction material regardless of + when or how the individual parts or components of those + systems are delivered to the construction site. + ``(iii) The term `United States' includes the District + of Columbia, the Commonwealth of Puerto Rico, the Northern + Mariana Islands, Guam, American Samoa, and the Virgin + Islands.''. + (b) Authorization of Appropriations.--Section 54101(i) of title 46, +United States Code, is amended-- + (1) by striking ``2018, 2019, and 2020'' and inserting ``2020 + and 2021''; and + (2) by striking ``$35,000,000'' and inserting ``$40,000,000''. + (c) Notification of Committees of Certain Proposed Obligations.-- +The first section of Public Law 85-804 (50 U.S.C. 1431) is amended, in +the third sentence, by inserting ``and in addition, the Committee on +Transportation and Infrastructure of the House of Representatives and +the Committee on Commerce, Science, and Transportation of the Senate +with respect to contracts, or modifications or amendments to contracts, +or advance payments proposed to be made under this section by the +Secretary of the Department in which the Coast Guard is operating with +respect to the acquisition of Coast Guard cutters or aircraft,'' after +``House of Representatives''. +SEC. 3508. SALVAGE RECOVERIES OF CARGOES. + Section 57107 of title 46, United States Code, is amended by adding +at the end the following: + ``(c) Salvaging Cargoes.-- + ``(1) Reimbursable agreements.--The Secretary of + Transportation, acting through the Administrator of the Maritime + Administration, may enter into reimbursable agreements with other + Federal entities to provide legal services to such entities + relating to the salvaging of cargoes for which such entities have + custody, or control, or for which for such entities have trustee + responsibilities from vessels in the custody or control of the + Maritime Administration or its predecessor agencies. The Secretary + may receive and retain reimbursement from such entities for all + costs incurred related to the provision of such services. + ``(2) Amounts received.--Amounts received as reimbursements + under this subsection shall be credited to the fund or account that + was used to cover the costs incurred by the Secretary or, if the + period of availability of obligations for that appropriation has + expired, to the appropriation of funds that is currently available + to the Secretary for substantially the same purpose. Amounts so + credited shall be merged with amounts in such fund or account and + shall be available for the same purposes, and subject to the same + conditions and limitations, as amounts in such fund or account. + ``(3) Advance payments.--Payments made in advance shall be for + any part of the estimated cost as determined by the Secretary of + Transportation. Adjustments to the amounts paid in advance shall be + made as agreed to by the Secretary of Transportation and the head + of the ordering agency or unit based on the actual cost of goods or + services provided.''. +SEC. 3509. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS AND +CARGOES. + (a) In General.--Chapter 571 of title 46, United States Code, as +amended by this title, is further amended by adding at the end the +following new section: +``SEC. 57111. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS +AND CARGOES. + ``(a) Salvage Agreements.--The Secretary of Transportation is +authorized to enter into marine salvage agreements for the recoveries, +sale, and disposal of sunken or damaged vessels, cargoes, or properties +owned or insured by or on behalf of the Maritime Administration, the +United States Shipping Board, the U.S. Shipping Bureau, the United +States Maritime Commission, or the War Shipping Administration. + ``(b) Military Craft.--The Secretary of Transportation shall +consult with the Secretary of the military department concerned prior +to engaging in or authorizing any activity under subsection (a) that +will disturb sunken military craft, as such term is defined in section +1408(3) of the Ronald W. Reagan National Defense Authorization Act for +Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 113 note). + ``(c) Recoveries.--Notwithstanding any other provision of law, the +net proceeds from salvage agreements entered into as authorized in +subsection (a) shall remain available until expended and be distributed +as follows: + ``(1) Fifty percent shall be available to the Administrator of + the Maritime Administration for the payment or reimbursement of + expenses incurred by or on behalf of State maritime academies or + the United States Merchant Marine Academy for facility and training + ship maintenance, repair, and modernization, and for the purchase + of simulators and fuel. + ``(2) The remainder shall be distributed for maritime heritage + preservation to the Department of the Interior for grants as + authorized by section 308703 of title 54.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such chapter, as amended by this title, is further amended by adding at +the end the following new item: + +``57111. Salvage recoveries for subrogated ownership of vessels and + cargoes.''. +SEC. 3510. MARITIME OCCUPATIONAL SAFETY AND HEALTH ADVISORY COMMITTEE. + Section 7 of the Occupational Safety and Health Act of 1970 (29 +U.S.C. 656) is amended by adding at the end the following: + ``(d) There is established a Maritime Occupational Safety and +Health Advisory Committee, which shall be a continuing body and shall +provide advice to the Secretary in formulating maritime industry +standards and regarding matters pertaining to the administration of +this Act related to the maritime industry. The composition of such +advisory committee shall be consistent with the advisory committees +established under subsection (b). A member of the advisory committee +who is otherwise qualified may continue to serve until a successor is +appointed. The Secretary may promulgate or amend regulations as +necessary to implement this subsection.''. +SEC. 3511. MILITARY TO MARINER. + (a) Credentialing Support.--Not later than one year after the date +of enactment of this title, the Secretary of Defense, the Secretary of +the Department in which the Coast Guard is operating when it is not +operating as a service in the Department of the Navy, the Secretary of +Commerce, and the Secretary of Health and Human Services, with respect +to the applicable services in their respective departments, and in +coordination with one another and with the United States Committee on +the Marine Transportation System, and in consultation with the Merchant +Marine Personnel Advisory Committee, shall, consistent with applicable +law, identify all training and experience within the applicable service +that may qualify for merchant mariner credentialing and submit a list +of all identified training and experience to the United States Coast +Guard National Maritime Center for a determination of whether such +training and experience counts for credentialing purposes. + (b) Review of Applicable Service.--The United States Coast Guard +Commandant shall make a determination of whether training and +experience counts for credentialing purposes, as described in +subsection (a), not later than 6 months after the date on which the +United States Coast Guard National Maritime Center receives a +submission under subsection (a) identifying a training or experience +and requesting such a determination. + (c) Fees and Services.--The Secretary of Defense, the Secretary of +the Department in which the Coast Guard is operating when it is not +operating as a service in the Department of the Navy, and the Secretary +of Commerce, with respect to the applicable services in their +respective departments, shall-- + (1) take all necessary and appropriate actions to provide for + the waiver of fees through the National Maritime Center license + evaluation, issuance, and examination for members of the uniformed + services on active duty, if a waiver is authorized and appropriate, + and, if a waiver is not granted, take all necessary and appropriate + actions to provide for the payment of fees for members of the + uniformed services on active duty by the applicable service to the + fullest extent permitted by law; + (2) direct the applicable services to take all necessary and + appropriate actions to provide for Transportation Worker + Identification Credential cards for members of the uniformed + services on active duty pursuing or possessing a mariner + credential, such as implementation of an equal exchange process for + members of the uniformed services on active duty at no or minimal + cost; + (3) ensure that members of the applicable services who are to + be discharged or released from active duty and who request + certification or verification of sea service be provided such + certification or verification no later than one month after + discharge or release; + (4) ensure the applicable services have developed, or continue + to operate, as appropriate, the online resource known as + Credentialing Opportunities On-Line to support separating members + of the uniformed services who are seeking information and + assistance on merchant mariner credentialing; and + (5) not later than 1 year after the date of enactment of this + section, take all necessary and appropriate actions to review and + implement service-related medical certifications to merchant + mariner credential requirements. + (d) Advancing Military to Mariner Within the Employer Agencies.-- + (1) In general.--The Secretary of Defense, the Secretary of the + Department in which the Coast Guard is operating when it is not + operating as a service in the Department of the Navy, and the + Secretary of Commerce shall have direct hiring authority to employ + separated members of the uniformed services with valid merchant + mariner licenses or sea service experience in support of United + States national maritime needs, including the Army Corps of + Engineers, U.S. Customs and Border Protection, and the National + Oceanic and Atmospheric Administration. + (2) Appointments of retired members of the armed forces.-- + Except in the case of positions in the Senior Executive Service, + the requirements of section 3326(b) of title 5, United States Code, + shall not apply with respect to the hiring of a separated member of + the uniformed services under paragraph (1). + (e) Separated Member of the Uniformed Services.--In this section, +the term ``separated member of the uniformed services'' means an +individual who-- + (1) is retiring or is retired as a member of the uniformed + services; + (2) is voluntarily separating or voluntarily separated from the + uniformed services at the end of enlistment or service obligation; + or + (3) is administratively separating or has administratively + separated from the uniformed services with an honorable or general + discharge characterization. +SEC. 3512. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT. + The Inspector General of the Department of Transportation shall-- + (1) not later than 180 days after the date of enactment of this + title, initiate an audit of the Maritime Administration's actions + to address only those recommendations from Chapter 3 and + recommendations 5-1, 5-2, 5-3, 5-4, 5-5, and 5-6 identified by a + National Academy of Public Administration panel in the November + 2017 report entitled ``Maritime Administration: Defining its + Mission, Aligning its Programs, and Meeting its Objectives''; and + (2) submit to the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Transportation + and Infrastructure of the House of Representatives a report + containing the results of that audit once the audit is completed. +SEC. 3513. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT MARINE +ACADEMY. + (a) In General.--Not later than 180 days after the date of +enactment of this title, the Secretary of Transportation shall seek to +enter into an agreement with the National Academy of Public +Administration (referred to in this section as the ``Academy'') to +carry out the activities described in this section. + (b) Study Elements.--In accordance with the agreement described in +subsection (a), the Academy shall conduct a study of the United States +Merchant Marine Academy that consists of the following: + (1) A comprehensive assessment of the United States Merchant + Marine Academy's systems, training, facilities, infrastructure, + information technology, and stakeholder engagement. + (2) Identification of needs and opportunities for modernization + to help the United States Merchant Marine Academy keep pace with + more modern campuses. + (3) Development of an action plan for the United States + Merchant Marine Academy with specific recommendations for-- + (A) improvements or updates relating to the opportunities + described in paragraph (2); and + (B) systemic changes needed to help the United States + Merchant Marine Academy achieve its mission of inspiring and + educating the next generation of the mariner workforce on a + long-term basis. + (c) Deadline and Report.--Not later than 1 year after the date of +the agreement described in subsection (a), the Academy shall prepare +and submit to the Administrator of the Maritime Administration a report +containing the action plan described in subsection (b)(3), including +specific findings and recommendations. +SEC. 3514. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY. + (a) Short Title.--This section may be cited as the ``Ports +Improvement Act''. + (b) Port and Intermodal Improvement Program.--Section 50302 of +title 46, United States Code, is amended by striking subsection (c) and +inserting the following: + ``(c) Port and Intermodal Improvement Program.-- + ``(1) General authority.--Subject to the availability of + appropriations, the Secretary of Transportation shall make grants, + on a competitive basis, to eligible applicants to assist in funding + eligible projects for the purpose of improving the safety, + efficiency, or reliability of the movement of goods through ports + and intermodal connections to ports. + ``(2) Eligible applicant.--The Secretary may make a grant under + this subsection to the following: + ``(A) A State. + ``(B) A political subdivision of a State, or a local + government. + ``(C) A public agency or publicly chartered authority + established by 1 or more States. + ``(D) A special purpose district with a transportation + function. + ``(E) An Indian Tribe (as defined in section 4 of the + Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304), without regard to capitalization), or a + consortium of Indian Tribes. + ``(F) A multistate or multijurisdictional group of entities + described in this paragraph. + ``(G) A lead entity described in subparagraph (A), (B), + (C), (D), (E), or (F) jointly with a private entity or group of + private entities. + ``(3) Eligible projects.--The Secretary may make a grant under + this subsection-- + ``(A) for a project, or package of projects, that-- + ``(i) is either-- + + ``(I) within the boundary of a port; or + ``(II) outside the boundary of a port, but is + directly related to port operations or to an intermodal + connection to a port; and + + ``(ii) will be used to improve the safety, efficiency, + or reliability of-- + + ``(I) the loading and unloading of goods at the + port, such as for marine terminal equipment; + ``(II) the movement of goods into, out of, around, + or within a port, such as for highway or rail + infrastructure, intermodal facilities, freight + intelligent transportation systems, and digital + infrastructure systems; or + ``(III) environmental mitigation measures and + operational improvements directly related to enhancing + the efficiency of ports and intermodal connections to + ports; or + + ``(B) notwithstanding paragraph (6)(A)(v), to provide + financial assistance to 1 or more projects under subparagraph + (A) for development phase activities, including planning, + feasibility analysis, revenue forecasting, environmental + review, permitting, and preliminary engineering and design + work. + ``(4) Prohibited uses.--A grant award under this subsection may + not be used-- + ``(A) to finance or refinance the construction, + reconstruction, reconditioning, or purchase of a vessel that is + eligible for such assistance under chapter 537, unless the + Secretary determines such vessel-- + ``(i) is necessary for a project described in paragraph + (3)(A)(ii)(III) of this subsection; and + ``(ii) is not receiving assistance under chapter 537; + or + ``(B) for any project within a small shipyard (as defined + in section 54101). + ``(5) Applications and process.-- + ``(A) Applications.--To be eligible for a grant under this + subsection, an eligible applicant shall submit to the Secretary + an application in such form, at such time, and containing such + information as the Secretary considers appropriate. + ``(B) Solicitation process.--Not later than 60 days after + the date that amounts are made available for grants under this + subsection for a fiscal year, the Secretary shall solicit grant + applications for eligible projects in accordance with this + subsection. + ``(6) Project selection criteria.-- + ``(A) In general.--The Secretary may select a project + described in paragraph (3) for funding under this subsection if + the Secretary determines that-- + ``(i) the project improves the safety, efficiency, or + reliability of the movement of goods through a port or + intermodal connection to a port; + ``(ii) the project is cost effective; + ``(iii) the eligible applicant has authority to carry + out the project; + ``(iv) the eligible applicant has sufficient funding + available to meet the matching requirements under paragraph + (8); + ``(v) the project will be completed without + unreasonable delay; and + ``(vi) the project cannot be easily and efficiently + completed without Federal funding or financial assistance + available to the project sponsor. + ``(B) Additional considerations.--In selecting projects + described in paragraph (3) for funding under this subsection, + the Secretary shall give substantial weight to-- + ``(i) the utilization of non-Federal contributions; and + ``(ii) the net benefits of the funds awarded under this + subsection, considering the cost-benefit analysis of the + project, as applicable. + ``(C) Small projects.--The Secretary may waive the cost- + benefit analysis under subparagraph (A)(ii), and establish a + simplified, alternative basis for determining whether a project + is cost effective, for a small project described in paragraph + (7)(B). + ``(7) Allocation of funds.-- + ``(A) Geographic distribution.--Not more than 25 percent of + the amounts made available for grants under this subsection for + a fiscal year may be used to make grants for projects in any 1 + State. + ``(B) Small projects.--The Secretary shall reserve 25 + percent of the amounts made available for grants under this + subsection each fiscal year to make grants for eligible + projects described in paragraph (3)(A) that request the lesser + of-- + ``(i) 10 percent of the amounts made available for + grants under this subsection for a fiscal year; or + ``(ii) $10,000,000. + ``(C) Development phase activities.--Not more than 10 + percent of the amounts made available for grants under this + subsection for a fiscal year may be used to make grants for + development phase activities under paragraph (3)(B). + ``(8) Federal share of total project costs.-- + ``(A) Total project costs.--To be eligible for a grant + under this subsection, an eligible applicant shall submit to + the Secretary an estimate of the total costs of a project under + this subsection based on the best available information, + including any available engineering studies, studies of + economic feasibility, environmental analyses, and information + on the expected use of equipment or facilities. + ``(B) Federal share.-- + ``(i) In general.--Except as provided in clause (ii), + the Federal share of the total costs of a project under + this subsection shall not exceed 80 percent. + ``(ii) Rural areas.--The Secretary may increase the + Federal share of costs above 80 percent for a project + located in a rural area. + ``(9) Procedural safeguards.--The Secretary shall issue + guidelines to establish appropriate accounting, reporting, and + review procedures to ensure that-- + ``(A) grant funds are used for the purposes for which those + funds were made available; + ``(B) each grantee properly accounts for all expenditures + of grant funds; and + ``(C) grant funds not used for such purposes and amounts + not obligated or expended are returned. + ``(10) Grant conditions.-- + ``(A) In general.--The Secretary shall require as a + condition of making a grant under this subsection that a + grantee-- + ``(i) maintain such records as the Secretary considers + necessary; + ``(ii) make the records described in clause (i) + available for review and audit by the Secretary; and + ``(iii) periodically report to the Secretary such + information as the Secretary considers necessary to assess + progress. + ``(B) Additional requirement.--The Secretary shall apply + the same requirements of section 117(k) of title 23, United + States Code, to a port project assisted in whole or in part + under this section as the Secretary does a port-related freight + project under section 117 of title 23, United States Code. + ``(C) Construction, repair, or alteration of vessels.--With + regard to the construction, repair, or alteration of vessels, + the same requirements of section 117(k) of title 23, United + States Code, shall apply regardless of whether the location of + contract performance is known when bids for such work are + solicited. + ``(11) Administration.-- + ``(A) Administrative and oversight costs.--The Secretary + may retain not more than 2 percent of the amounts appropriated + for each fiscal year under this subsection for the + administrative and oversight costs incurred by the Secretary to + carry out this subsection. + ``(B) Availability.-- + ``(i) In general.--Amounts appropriated for carrying + out this subsection shall remain available until expended. + ``(ii) Unexpended funds.--Amounts awarded as a grant + under this subsection that are not expended by the grantee + during the 5-year period following the date of the award + shall remain available to the Secretary for use for grants + under this subsection in a subsequent fiscal year. + ``(12) Definitions.--In this subsection: + ``(A) Appropriate committees of congress.--The term + `appropriate committees of Congress' means-- + ``(i) the Committee on Commerce, Science, and + Transportation of the Senate; and + ``(ii) the Committee on Transportation and + Infrastructure of the House of Representatives. + ``(B) Port.--The term `port' includes-- + ``(i) any port on the navigable waters of the United + States; and + ``(ii) any harbor, marine terminal, or other shore side + facility used principally for the movement of goods on + inland waters. + ``(C) Project.--The term `project' includes construction, + reconstruction, environmental rehabilitation, acquisition of + property, including land related to the project and + improvements to the land, equipment acquisition, and + operational improvements. + ``(D) Rural area.--The term `rural area' means an area that + is outside an urbanized area. + ``(d) Additional Authority of the Secretary.--In carrying out this +section, the Secretary may-- + ``(1) coordinate with other Federal agencies to expedite the + process established under the National Environmental Policy Act of + 1969 (42 U.S.C. 4321 et seq.) for the improvement of port + facilities to improve the efficiency of the transportation system, + to increase port security, or to provide greater access to port + facilities; + ``(2) seek to coordinate all reviews or requirements with + appropriate Federal, State, and local agencies; and + ``(3) in addition to any financial assistance provided under + subsection (c), provide such technical assistance to port + authorities or commissions or their subdivisions and agents.''. + (c) Savings Clause.--A repeal made by subsection (b) of this +section shall not affect amounts apportioned or allocated before the +effective date of the repeal. Such apportioned or allocated funds shall +continue to be subject to the requirements to which the funds were +subject under-- + (1) section 50302(c) of title 46, United States Code, as in + effect on the day before the date of enactment of this title; + (2) section 9008 of the SAFETEA-LU Act (Public Law 109-59; 119 + Stat. 1926); + (3) section 10205 of the SAFETEA-LU Act (Public Law 109-59; 119 + Stat. 1934); and + (4) section 3512 of the Duncan Hunter National Defense + Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r). + (d) Remedial Actions.--Section 533 of the Coast Guard Authorization +Act of 2016 (Public Law 114-120; 130 Stat. 74) is amended by adding at +the end the following: + ``(f) Remedial Actions.--For purposes of the conveyances under this +section, the remedial actions required under section 120(h) of the +Comprehensive Environmental Response, Compensation, and Liability Act +of 1980 (42 U.S.C. 9620(h)) may be completed by the United States Coast +Guard after the date of such conveyance and a deed entered into for +such conveyance shall include a clause granting the United States Coast +Guard access to the property in any case in which remedial action or +corrective action is found to be necessary after the date of such +conveyance.''. + (e) Environmental Compliance.--Section 534(a) of the Coast Guard +Authorization Act of 2016 (Public Law 114-120; 42 U.S.C. 9620 note) is +amended-- + (1) by striking ``Nothing'' and inserting ``After the date on + which the Secretary of the Interior conveys land under section 533 + of this Act, nothing''; and + (2) by inserting ``, with respect to contaminants on such land + prior to the date on which the land is conveyed'' before the + period. +SEC. 3515. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS. + (a) In General.--Not later than 90 days after the date of the +enactment of this title, the Secretary of Defense shall submit to the +Committee on Armed Services and the Committee on Transportation and +Infrastructure of the House of Representatives and the Committee on +Armed Services and the Committee on Commerce, Science, and +Transportation of the Senate a report on port facilities used for +military purposes at ports designated by the Department of Defense as +strategic seaports. + (b) Elements.--The report required by subsection (a) shall include, +with respect to port facilities included in the report, the following: + (1) An assessment of whether there are structural integrity or + other deficiencies in such facilities. + (2) If there are such deficiencies-- + (A) an assessment of infrastructure improvements to such + facilities that would be needed to meet, directly or + indirectly, national security and readiness requirements; + (B) an assessment of the impact on operational readiness of + the Armed Forces if such improvements are not undertaken; and + (C) an identification of, to the maximum extent practical, + all potential funding sources for such improvements from + existing authorities. + (3) An identification of the support that would be appropriate + for the Department of Defense to provide in the execution of the + responsibilities of the Secretary of Transportation under section + 50302 of title 46, United States Code, with respect to such + facilities. + (4) If additional statutory or administrative authorities would + be required for the provision of support as described in paragraph + (3), recommendations for legislative or administrative action to + establish such authorities. + (c) Consultation.--The Secretary of Defense shall prepare the +report required by subsection (a) in consultation with the Maritime +Administrator and the individual responsible for each port facility +described in such subsection. +SEC. 3516. TECHNICAL CORRECTIONS. + (a) Office of Personnel Management Guidance.--Not later than 120 +days after the date of the enactment of this title, the Director of the +Office of Personnel Management, in consultation with the Administrator +of the Maritime Administration, shall identify key skills and +competencies necessary to maintain a balance of expertise in merchant +marine seagoing service and strategic sealift military service in each +of the following positions within the Office of the Commandant of the +Merchant Marine Academy: + (1) Commandant. + (2) Deputy Commandant. + (3) Tactical company officers. + (4) Regimental officers. + (b) Sea Year Compliance.--Section 3514(a)(1)(A) of the National +Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 46 +U.S.C. 51318 note) is amended by inserting ``domestic and +international'' after ``criteria that''. +SEC. 3517. UNITED STATES MERCHANT MARINE ACADEMY SEXUAL ASSAULT +PREVENTION AND RESPONSE PROGRAM. + (a) Implementation of Recommendations.--The Secretary of +Transportation shall ensure that, not later than 180 days after the +date of the enactment of this title, the recommendations in report of +the Inspector General of the Department of Transportation on the +effectiveness sexual assault prevention and response program of the +United States Merchant Marine Academy (mandated under section 3512 of +the National Defense Authorization Act for Fiscal Year 2017 (Public Law +114-328; 130 Stat. 2786)), are fully implemented. + (b) Report.--Not later than 180 days after the date of the +enactment of this title, the Secretary of Transportation shall submit +to Congress a report that includes-- + (1) confirmation that the recommendations described in + subsection (a) have been fully implemented, and explaining how + those recommendations have been implemented; or + (2) if such recommendations have not been fully implemented as + of the date of the report, an explanation of why such + recommendations have not been fully implemented and a description + of the resources that are needed to fully implement such + recommendations. +SEC. 3518. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY +INFRASTRUCTURE. + (a) In General.--Not later than six months after the date of the +enactment of this Act, the Comptroller General of the United States +shall submit to the Committee on Commerce, Science, and Transportation +of the Senate, the Committee on Energy and Natural Resources of the +Senate, and the Committee on Transportation and Infrastructure of the +House of Representatives a report on the need for vessels documented +under chapter 121 of title 46, United States Code, to install, operate, +and maintain emerging offshore energy infrastructure, including +offshore wind energy. + (b) Contents.--The report required by subsection (a) shall +include-- + (1) an inventory of vessels documented under chapter 121 of + title 46, United States Code, (including existing vessels and + vessels that have the potential to be refurbished) to install, + operate, and maintain such emerging offshore energy infrastructure; + (2) a projection of existing vessels needed to meet such + emerging offshore energy needs over the next 10 years; + (3) a summary of actions taken or proposed by offshore energy + developers and producers, the United States domestic shipbuilding + industry, and United States coastwise qualified operators to ensure + sufficient vessel capacity in compliance with United States + coastwise laws; and + (4) a description of the potential benefits to the United + States maritime and shipbuilding industries and to the United + States economy associated with the use of United States coastwise + qualified vessels to support offshore energy development and + production. +SEC. 3519. REPORT ON UNITED STATES FLAGGED FUEL TANKER VESSEL CAPACITY. + (a) Report Required.--Concurrent with the budget of the President +for fiscal year 2021, as submitted to Congress under section 1105 of +title 31, United States Code, the Secretary of Defense shall, in +consultation with the Secretary of Transportation, submit to the +appropriate committees of Congress a report on the capabilities of the +United States to maintain adequate United States-flagged fuel tanker +vessel capacity to support the full range of anticipated military +operations over each period as follows: + (1) In 2020. + (2) Between 2020 and 2025. + (3) Between 2020 and 2030. + (b) Elements.--The report required by subsection (a) shall include, +for each period specified in that subsection, the following: + (1) A description of current and projected United States- + flagged fuel tanker vessel capacity. + (2) A description of current and projected United States + military needs for United States-flagged fuel tanker vessel + capacity, including the most stressing peacetime and wartime + requirements. + (3) A description and assessment of the number of foreign- + flagged tanker vessels required to address United States military + needs described pursuant to paragraph (2), including the most + stressing peacetime and wartime requirements. + (4) An identification and assessment of any gaps in the + capacity described pursuant to paragraph (1) to meet the United + States military needs described pursuant to paragraph (2), + including quantities of tanker vessels, as well as an assessment of + the risk to military objectives due to reliance on foreign-flagged + tanker vessels described pursuant to paragraph (3). + (5) A description and assessment of options to address the gaps + identified pursuant to paragraph (4), including the establishment + of a program for United States-flagged fuel tanker vessels modeled + on the Maritime Security Program. + (6) Such recommendations as the Secretary of Defense considers + appropriate in light of the matters set forth in the report. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form, but may include a classified annex. + (d) Definitions.--In this section: + (1) The term ``appropriate committees of Congress'' means-- + (A) the Committee on Commerce, Science, and Transportation + and the Committee on Armed Services of the Senate; and + (B) the Committee on Transportation and Infrastructure and + the Committee on Armed Services of the House of + Representatives. + (2) The term ``Maritime Security Program'' means the program in + connection with the Maritime Security Fleet under chapter 531 of + title 46, United States Code. + + Subtitle B--Cable Security Fleet + +SEC. 3521. ESTABLISHMENT OF CABLE SECURITY FLEET. + (a) In General.--Title 46, United States Code, is amended by +inserting before chapter 533 the following new chapter: + + ``CHAPTER 532--CABLE SECURITY FLEET + +``Sec. +``53201. Definitions. +``53202. Establishment of the Cable Security Fleet. +``53203. Award of operating agreements. +``53204. Effectiveness of operating agreements. +``53205. Obligations and rights under operating agreements. +``53206. Payments. +``53207. National security requirements. +``53208. Regulatory relief. +``53209. Authorization of appropriations. + +``Sec. 53201. Definitions + ``In this chapter: + ``(1) Cable services.--The term `cable services' means the + installation, maintenance, or repair of submarine cables and + related equipment, and related cable vessel operations. + ``(2) Cable vessel.--The term `cable vessel' means a vessel-- + ``(A) classed as a cable ship or cable vessel by, and + designed in accordance with the rules of, the American Bureau + of Shipping, or another classification society accepted by the + Secretary; and + ``(B) capable of installing, maintaining, and repairing + submarine cables. + ``(3) Cable fleet.--The term `Cable Fleet' means the Cable + Security Fleet established under section 53202(a). + ``(4) Contingency agreement.--The term `Contingency Agreement' + means the agreement required by section 53207. + ``(5) Contractor.--The term `Contractor' means an owner or + operator of a vessel that enters into an Operating Agreement for a + cable vessel with the Secretary under section 53203. + ``(6) Fiscal year.--The term `fiscal year' means any annual + period beginning on October 1 and ending on September 30. + ``(7) Operating agency.--The term `Operating Agency' means that + agency or component of the Department of Defense so designated by + the Secretary of Defense under this chapter. + ``(8) Operating agreement or agreement.--The terms `Operating + Agreement' or `Agreement' mean the agreement required by section + 53203. + ``(9) Person.--The term `person' includes corporations, + partnerships, and associations existing under or authorized by the + laws of the United States, or any State, Territory, District, or + possession thereof, or of any foreign country. + ``(10) Secretary.--The term `Secretary' means the Secretary of + Transportation. + ``(11) United states.--The term `United States' includes the + States, the District of Columbia, the Commonwealth of Puerto Rico, + the Northern Mariana Islands, Guam, American Samoa, and the Virgin + Islands. + ``(12) United states citizen trust.-- + ``(A) Subject to paragraph (C), the term `United States + citizen trust' means a trust that is qualified under this + paragraph. + ``(B) A trust is qualified under this paragraph with + respect to a vessel only if-- + ``(i) it was created under the laws of a state of the + United States; + ``(ii) each of the trustees is a citizen of the United + States; and + ``(iii) the application for documentation of the vessel + under chapter 121 of this title includes the affidavit of + each trustee stating that the trustee is not aware of any + reason involving a beneficiary of the trust that is not a + citizen of the United States, or involving any other person + that is not a citizen of the United States, as a result of + which the beneficiary or other person would hold more than + 25 percent of the aggregate power to influence, or limit + the exercise of the authority of, the trustee with respect + to matters involving any ownership or operation of the + vessel that may adversely affect the interests of the + United States. + ``(C) If any person that is not a citizen of the United + States has authority to direct, or participate in directing, + the trustee for a trust in matters involving any ownership or + operation of the vessel that may adversely affect the interests + of the United States or in removing a trustee for a trust + without cause, either directly or indirectly through the + control of another person, the trust is not qualified under + this paragraph unless the trust instrument provides that + persons who are not citizens of the United States may not hold + more than 25 percent of the aggregate authority to direct or + remove a trustee. + ``(D) This paragraph shall not be considered to prohibit a + person who is not a citizen of the United States from holding + more than 25 percent of the beneficial interest in a trust. +``Sec. 53202. Establishment of the Cable Security Fleet + ``(a) In General.--(1) The Secretary, in consultation with the +Operating Agency, shall establish a fleet of active, commercially +viable, cable vessels to meet national security requirements. The fleet +shall consist of privately owned, United States-documented cable +vessels for which there are in effect Operating Agreements under this +chapter, and shall be known as the Cable Security Fleet. + ``(2) The Fleet described under this section shall include two +vessels. + ``(b) Vessel Eligibility.--A cable vessel is eligible to be +included in the Fleet if-- + ``(1) the vessel meets the requirements of paragraph (1), (2), + (3), or (4) of subsection (c); + ``(2) the vessel is operated (or in the case of a vessel to be + constructed, will be operated) in commercial service providing + cable services; + ``(3) the vessel is 40 years of age or less on the date the + vessel is included in the Fleet; + ``(4) the vessel is-- + ``(A) determined by the Operating Agency to be suitable for + engaging in cable services by the United States in the interest + of national security; and + ``(B) determined by the Secretary to be commercially + viable, whether independently or taking any payments which are + the consequence of participation in the Cable Fleet into + account; and + ``(5) the vessel-- + ``(A) is a United States-documented vessel; or + ``(B) is not a United States-documented vessel, but-- + ``(i) the owner of the vessel has demonstrated an + intent to have the vessel documented under chapter 121 of + this title if it is included in the Cable Fleet; and + ``(ii) at the time an Operating Agreement is entered + into under this chapter, the vessel is eligible for + documentation under chapter 121 of this title. + ``(c) Requirements Regarding Citizenship of Owners and Operators.-- + ``(1) Vessels owned and operated by section 50501 citizens.--A + vessel meets the requirements of this paragraph if, during the + period of an Operating Agreement under this chapter that applies to + the vessel, the vessel will be owned and operated by one or more + persons that are citizens of the United states under section 50501 + of this title. + ``(2) Vessels owned by a section 50501 citizen, or united + states citizen trust, and chartered to a documentation citizen.--A + vessel meets the requirements of this paragraph if-- + ``(A) during the period of an Operating Agreement under + this chapter that applies to the vessel, the vessel will be-- + ``(i) owned by a person that is a citizen of the United + States under section 50501 of this title or that is a + United States citizen trust; and + ``(ii) demise chartered to and operated by a person-- + + ``(I) that is eligible to document the vessel under + chapter 121 of this title; + ``(II) the chairman of the board of directors, + chief executive officer, and a majority of the members + of the board of directors of which are citizens of the + United States under section 50501 of this title, and + are appointed and subject to removal only upon approval + by the Secretary; and + ``(III) that certifies to the Secretary that there + are no treaties, statutes, regulations, or other laws + that would prohibit the Contractor for the vessel from + performing its obligations under an Operating Agreement + under this chapter; + + ``(B) in the case of a vessel that will be demise chartered + to a person that is owned or controlled by another person that + is not a citizen of the United States under section 50501 of + this title, the other person enters into an agreement with the + Secretary not to influence the operation of the vessel in a + manner that will adversely affect the interests of the United + States; and + ``(C) the Secretary and the Operating Agency notify the + Committee on Armed Services and the Committee on Commerce, + Science and Transportation of the Senate, and the Committee on + Armed Services of the House of Representatives that they + concur, and have reviewed the certification required under + subparagraph (A)(ii)(III) and determined that there are no + legal, operational, or other impediments that would prohibit + the Contractor for the vessel from performing its obligations + under an Operating Agreement under this chapter. + ``(3) Vessel owned and operated by a defense contractor.--A + vessel meets the requirements of this paragraph if-- + ``(A) during the period of an Operating Agreement under + this chapter that applies to the vessel, the vessel will be + owned and operated by a person that-- + ``(i) is eligible to document a vessel under chapter + 121 of this title; + ``(ii) operates or manages other United States- + documented vessels for the Secretary of Defense, or + charters other vessels to the Secretary of Defense; + ``(iii) has entered into a special security agreement + for purposes of this paragraph with the Secretary of + Defense; + ``(iv) makes the certification described in paragraph + (2)(A)(ii)(III); and + ``(v) in the case of a vessel described in paragraph + (2)(B), enters into an agreement referred to in that + paragraph; and + ``(B) the Secretary and the Secretary of Defense notify the + Committee on Armed Services and Committee on Commerce, Science, + and Transportation of the Senate and the Committee on Armed + Services of the House of Representatives that they have + reviewed the certification required by subparagraph (A)(iv) and + determined that there are no other legal, operational, or other + impediments that would prohibit the Contractor for the vessel + from performing its obligations under an Operating Agreement + under this chapter. + ``(4) Vessel owned by a documentation citizen and chartered to + a section 50501 citizen.--A vessel meets the requirements of this + paragraph if, during the period of an Operating Agreement under + this chapter that applies to the vessel, the vessel will be-- + ``(A) owned by a person that is eligible to document a + vessel under chapter 121 of this title; and + ``(B) demise chartered to a person that is a citizen of the + United States under section 50501 of this title. + ``(d) Vessel Standards.-- + ``(1) Certificate of inspection.--A cable vessel which the + Secretary of the Department in which the Coast Guard is operating + determines meets the criteria of subsection (b) of this section but + which, on the date of enactment of the Act, is not documented under + chapter 121 of this title, shall be eligible for a certificate of + inspection if that Secretary determines that-- + ``(A) the vessel is classed by, and designed in accordance + with the rules of, the American Bureau of Shipping, or another + classification society accepted by that Secretary; + ``(B) the vessel complies with applicable international + agreements and associated guidelines, as determined by the + country in which the vessel was documented immediately before + becoming documented under chapter 121; and + ``(C) that country has not been identified by that + Secretary as inadequately enforcing international vessel + regulations as to that vessel. + ``(2) Continued eligibility for certificate.--Paragraph (1) + does not apply to a vessel after any date on which the vessel fails + to comply with the applicable international agreements and + associated guidelines referred to in paragraph (1)(B). + ``(3) Reliance on classification society.-- + ``(A) In general.--The Secretary of the Department in which + the Coast Guard is operating may rely on a certification from + the American Bureau of Shipping or, subject to subparagraph + (B), another classification society accepted by that Secretary + to establish that a vessel is in compliance with the + requirements of paragraphs (1) and (2). + ``(B) Foreign classification society.--The Secretary of the + Department in which the Coast Guard is operating may accept + certification from a foreign classification society under + subparagraph (A) only-- + ``(i) to the extent that the government of the foreign + country in which the society is headquartered provides + access on a reciprocal basis to the American Bureau of + Shipping; and + ``(ii) if the foreign classification society has + offices and maintains records in the United States. + ``(e) Waiver of Age Registration.--The Secretary, in conjunction +with the Operating Agency, may waive the application of the age +restriction under subsection (b)(3) if they jointly determine that the +waiver-- + ``(1) is in the national interest; + ``(2) the subject cable vessel and any associated operating + network is and will continue to be economically viable; and + ``(3) is necessary due to the lack of availability of other + vessels and operators that comply with the requirements of this + chapter. +``Sec. 53203. Award of operating agreements + ``(a) In General.--The Secretary shall require, as a condition of +including any vessel in the Cable Fleet, that the person that is the +owner or operator of the vessel for purposes of section 53202(c) enter +into an Operating Agreement with the Secretary under this section. + ``(b) Procedure for Applications.-- + ``(1) Acceptance of applications.--Beginning no later than 60 + days after the effective date of this chapter, the Secretary shall + accept applications for enrollment of vessels in the Cable Fleet. + ``(2) Action on applications.--Within 120 days after receipt of + an application for enrollment of a vessel in the Cable Fleet, the + Secretary shall approve the application in conjunction with the + Operating Agency, and shall enter into an Operating Agreement with + the applicant, or provide in writing the reason for denial of that + application. + ``(c) Priority for Awarding Agreements.--Subject to the +availability of appropriations, the Secretary shall enter into +Operating Agreements with those vessels determined by the Operating +Agency, in its sole discretion, to best meet the national security +requirements of the United States. After consideration of national +security requirements, priority shall be given to an applicant that is +a United States citizen under section 50501 of this title. +``Sec. 53204. Effectiveness of operating agreements + ``(a) Effectiveness Generally.--The Secretary may enter into an +Operating Agreement under this chapter for fiscal year 2021. Except as +provided in subsection (d), the agreement shall be effective only for +one fiscal year, but shall be renewable, subject to available +appropriations, for each subsequent year. + ``(b) Vessels Under Charter to the United States.--Vessels under +charter to the United States are eligible to receive payments pursuant +to their Operating Agreements. + ``(c) Termination.-- + ``(1) Termination by the secretary.--If the Contractor with + respect to an Operating Agreement materially fails to comply with + the terms of the Agreement-- + ``(A) the Secretary shall notify the Contractor and provide + a reasonable opportunity for it to comply with the Operating + Agreement; + ``(B) the Secretary shall terminate the Operating Agreement + if the Contractor fails to achieve such compliance; and + ``(C) upon such termination, any funds obligated by the + Agreement shall be available to the Secretary to carry out this + chapter. + ``(2) Early termination by a contractor.--An Operating + Agreement under this chapter shall terminate on a date specified by + the Contractor if the Contractor notifies the Secretary, not fewer + than 60 days prior to the effective date of the termination, that + the Contractor intends to terminate the Agreement. + ``(d) Nonrenewal for Lack of Funds.--If, by the first day of a +fiscal year, sufficient funds have not been appropriated under the +authority provided by this chapter for that fiscal year for all +Operating Agreements, then the Secretary shall notify the Committee on +Armed Services and the Committee on Commerce, Science, and +Transportation of the Senate and the Committee on Armed Services of the +House of Representatives that Operating Agreements authorized under +this chapter for which sufficient funds are not available will not be +renewed for that fiscal year if sufficient funds are not appropriated +by the 60th day of that fiscal year. If only partial funding is +appropriated by the 60th day of such fiscal year, then the Secretary, +in consultation with the Operating Agency, shall select the vessels to +retain under Operating Agreements, based on their determinations of +which vessels are most useful for national security. In the event that +no funds are appropriated, then no Operating Agreements shall be +renewed and each Contractor shall be released from its obligations +under the Operating Agreement. Final payments under an Operating +Agreement that is not renewed shall be made in accordance with section +53206. To the extent that sufficient funds are appropriated in a +subsequent fiscal year, an Operating Agreement that has not been +renewed pursuant to this subsection may be reinstated if mutually +acceptable to the Secretary, in consultation with the Operating Agency, +and the Contractor, provided the vessel remains eligible for +participation pursuant to section 53202, without regard to subsection +53202 (b)(3). + ``(e) Release of Vessels From Obligations.--If funds are not +appropriated for payments under an Operating Agreement under this +chapter for any fiscal year by the 60th day of a fiscal year, and the +Secretary, in consultation with the Operating Agency determines to not +renew a Contractor's Operating Agreement for a vessel, then-- + ``(1) each vessel covered by the Operating Agreement that is + not renewed is thereby released from any further obligation under + the Operating Agreement; + ``(2) the owner or operator of the vessel whose Operating + Agreement was not renewed may transfer and register such vessel + under a foreign registry that is acceptable to the Secretary and + the Operating Agency, notwithstanding section 56101 of this title; + and + ``(3) if chapter 563 of this title is applicable to such vessel + after registration, then the vessel is available to be + requisitioned by the Secretary pursuant to chapter 563. +``Sec. 53205. Obligations and rights under operating agreements + ``(a) Operation of Vessel.--An Operating Agreement under this +chapter shall require that, during the period the vessel is operating +under the Agreement, the vessel-- + ``(1) shall be operated in the trade for Cable Services, or + under a charter to the United States; and + ``(2) shall be documented under chapter 121 of this title. + ``(b) Annual Payments by the Secretary.-- + ``(1) In general.--An Operating Agreement under this chapter + shall require, subject to the availability of appropriations, that + the Secretary make payment to the Contractor in accordance with + section 53206. + ``(2) Operating agreement is an obligation of the united states + government.--An Operating Agreement under this chapter constitutes + a contractual obligation of the United States Government to pay the + amounts provided for in the Operating Agreement to the extent of + actual appropriations. + ``(c) Documentation Requirement.--Each vessel covered by an +Operating Agreement (including an Agreement terminated under section +53204(c)(2)) shall remain documented under chapter 121 of this title, +until the date the Operating Agreement would terminate according to its +own terms. + ``(d) National Security Requirements.-- + ``(1) In general.--A Contractor with respect to an Operating + Agreement (including an Agreement terminated under section + 53204(c)(2)) shall continue to be bound by the provisions of + section 53207 until the date the Operating Agreement would + terminate according to its terms. + ``(2) Contingency agreement with operating agency.--All terms + and conditions of a Contingency Agreement entered into under + section 53207 shall remain in effect until a date the Operating + Agreement would terminate according to its terms, except that the + terms of such Contingency Agreement may be modified by the mutual + consent of the Contractor, and the Operating Agency. + ``(e) Transfer of Operating Agreements.--Operating Agreements shall +not be transferrable by the Contractor. + ``(f) Replacement Vessel.--A Contractor may replace a vessel under +an Operating Agreement with another vessel that is eligible to be +included in the Fleet under section 53202(b), if the Secretary and the +Operating Agency jointly determine that the replacement vessel meets +national security requirements and approve the replacement. +``Sec. 53206. Payments + ``(a) Annual Payment.-- + ``(1) In general.--The Secretary, subject to availability of + appropriations and other provisions of this section, shall pay to + the Contractor for an operating agreement, for each vessel that is + covered by the operating agreement, an amount equal to $5,000,000 + for each fiscal year 2021 through 2035. + ``(2) Timing.--This amount shall be paid in equal monthly + installments at the end of each month. The amount shall not be + reduced except as provided by this section. + ``(b) Certification Required for Payment.--As a condition of +receiving payment under this section for a fiscal year for a vessel, +the Contractor for the vessel shall certify that the vessel has been +and will be operated in accordance with section 53205(a)(1) for 365 +days in each fiscal year. Up to thirty (30) days during which the +vessel is drydocked, surveyed, inspected, or repaired shall be +considered days of operation for purposes of this subsection. + ``(c) General Limitations.--The Secretary shall not make any +payment under this chapter for a vessel with respect to any days for +which the vessel is-- + ``(1) not operated or maintained in accordance with an + Operating Agreement under this chapter; or + ``(2) more than 40 years of age. + ``(d) Reductions in Payments.--With respect to payments under this +chapter for a vessel covered by an Operating Agreement, the Secretary +shall make a pro rata reduction for each day less than 365 in a fiscal +year that the vessel is not operated in accordance with section +53205(a)(1), with days during which the vessel is drydocked or +undergoing survey, inspection or repair to be considered days on which +the vessel is operated as provided in subsection (b). +``Sec. 53207. National security requirements + ``(a) Contingency Agreement Required.--The Secretary shall include +in each Operating Agreement under this chapter a requirement that the +Contractor enter into a Contingency Agreement with the Operating +Agency. The Operating Agency shall negotiate and enter into a +Contingency Agreement with each Contractor as promptly as practicable +after the Contractor has entered into an Operating Agreement under this +chapter. + ``(b) Terms of Contingency Agreement.-- + ``(1) In general.--A Contingency Agreement under this section + shall require that a Contractor for a vessel covered by an + Operating Agreement under this chapter make the vessel, including + all necessary resources to engage in Cable Services required by the + Operating Agency, available upon request by the Operating Agency. + ``(2) Terms.-- + ``(A) In general.--The basic terms of a Contingency + Agreement shall be established (subject to subparagraph (B)) by + the Operating Agency. + ``(B) Additional terms.--The Operating Agency and a + Contractor may agree to additional or modifying terms + appropriate to the Contractor's circumstances. + ``(c) Defense Measures Against Unauthorized Seizures.--(1) The +Contingency Agreement shall require that any vessel operating under the +direction of the Operating Agency operating in area that is designated +by the Coast Guard as an area of high risk of piracy shall be equipped +with, at a minimum, appropriate non-lethal defense measures to protect +the vessel and crew from unauthorized seizure at sea. + ``(2) The Secretary of Defense and the Secretary of the department +in which the Coast Guard is operating shall jointly prescribe the non- +lethal defense measures that are required under this paragraph. + ``(d) Participation After Expiration of Operating Agreement.-- +Except as provided by section 53205(d), the Operating Agency may not +require, through a Contingency Agreement or an Operating Agreement, +that a Contractor continue to participate in a Contingency Agreement +after the Operating Agreement with the Contractor has expired according +to its terms or is otherwise no longer in effect. + ``(e) Resources Made Available.--The resources to be made available +in addition to the vessel under a Contingency Agreement shall include +all equipment, personnel, supplies, management services, and other +related services as the Operating Agency may determine to be necessary +to provide the Cable Services required by the Operating Agency. + ``(f) Compensation.-- + ``(1) In general.--The Operating Agency shall include in each + Contingency Agreement provisions under which the Operating Agency + shall pay fair and reasonable compensation for use of the vessel + and all Cable Services provided pursuant to this section and the + Contingency Agreement. + ``(2) Specific requirements.--Compensation under this + subsection-- + ``(A) shall be at the rate specified in the Contingency + Agreement; + ``(B) shall be provided from the time that a vessel is + required by the Operating Agency under the Contingency + Agreement until the time it is made available by the Operating + Agency available to reenter commercial service; and + ``(C) shall be in addition to and shall not in any way + reflect amounts payable under section 53206. + ``(g) Liability of the United States for Damages.-- + ``(1) Limitation on the liability of the u.s.--Except as + otherwise provided by law, the Government shall not be liable for + disruption of a Contractor's commercial business or other + consequential damages to a Contractor arising from the activation + of the Contingency Agreement. + ``(2) Affirmative defense.--In any action in any Federal or + State court for breach of third-party contract, there shall be + available as an affirmative defense that the alleged breach of + contract was caused predominantly by action taken to carry out a + Contingent Agreement. Such defense shall not release the party + asserting it from any obligation under applicable law to mitigate + damages to the greatest extent possible. +``Sec. 53208. Regulatory relief + ``The telecommunications and other electronic equipment on an +existing vessel that is redocumented under the laws of the United +States for operation under an Operating Agreement under this chapter +shall be deemed to satisfy all Federal Communication Commission +equipment certification requirements, if-- + ``(1) such equipment complies with all applicable international + agreements and associated guidelines as determined by the country + in which the vessel was documented immediately before becoming + documented under the laws of the United States; + ``(2) that country has not been identified by the Secretary of + the Department in which the Coast Guard is operating as + inadequately enforcing international regulations as to that vessel; + and + ``(3) at the end of its useful life, such equipment shall be + replaced with equipment that meets Federal Communication Commission + equipment certification standards. +``Sec. 53209. Authorization of appropriations + ``There are authorized to be appropriated for payments under +section 53206, $10,000,000 for each of the fiscal years 2021 through +2035.''. + (b) Conforming Amendment.--The table of chapters at the beginning +of subtitle V of title 46, United States Code, is amended by inserting +before the item relating to chapter 533 the following new item: + +``532. Cable Security Fleet.....................................53201''. + + Subtitle C--Maritime SAFE Act + +SEC. 3531. SHORT TITLES. + This subtitle may be cited as the ``Maritime Security and Fisheries +Enforcement Act'' or the ``Maritime SAFE Act''. +SEC. 3532. DEFINITIONS. + In this subtitle: + (1) AIS.--The term ``AIS'' means Automatic Identification + System (as defined in section 164.46 of title 33, Code of Federal + Regulations, or a similar successor regulation). + (2) Combined maritime forces.--The term ``Combined Maritime + Forces'' means the 33-nation naval partnership, originally + established in February 2002, which promotes security, stability, + and prosperity across approximately 3,200,000 square miles of + international waters. + (3) Exclusive economic zone.-- + (A) In general.--Unless otherwise specified by the + President as being in the public interest in a writing + published in the Federal Register, the term ``exclusive + economic zone'' means-- + (i) the area within a zone established by a maritime + boundary that has been established by a treaty in force or + a treaty that is being provisionally applied by the United + States; or + (ii) in the absence of a treaty described in clause + (i)-- + + (I) a zone, the outer boundary of which is 200 + nautical miles from the baseline from which the breadth + of the territorial sea is measured; or + (II) if the distance between the United States and + another country is less than 400 nautical miles, a + zone, the outer boundary of which is represented by a + line equidistant between the United States and the + other country. + + (B) Inner boundary.--Without affecting any Presidential + Proclamation with regard to the establishment of the United + States territorial sea or exclusive economic zone, the inner + boundary of the exclusive economic zone is-- + (i) in the case of coastal States, a line coterminous + with the seaward boundary of each such State (as described + in section 4 of the Submerged Lands Act (43 U.S.C. 1312)); + (ii) in the case of the Commonwealth of Puerto Rico, a + line that is 3 marine leagues from the coastline of the + Commonwealth of Puerto Rico; + (iii) in the case of American Samoa, the United States + Virgin Islands, Guam, and the Northern Mariana Islands, a + line that is 3 geographic miles from the coastlines of + American Samoa, the United States Virgin Islands, Guam, or + the Northern Mariana Islands, respectively; or + (iv) for any possession of the United States not + referred to in clause (ii) or (iii), the coastline of such + possession. + (C) Rule of construction.--Nothing in this paragraph may be + construed to diminish the authority of the Department of + Defense, the Department of the Interior, or any other Federal + department or agency. + (4) Food security.--The term ``food security'' means access to, + and availability, utilization, and stability of, sufficient food to + meet caloric and nutritional needs for an active and healthy life. + (5) Global record of fishing vessels, refrigerated transport + vessels, and supply vessels.--The term ``global record of fishing + vessels, refrigerated transport vessels, and supply vessels'' means + the Food and Agriculture Organization of the United Nations' + initiative to rapidly make available certified data from state + authorities about vessels and vessel related activities. + (6) IUU fishing.--The term ``IUU fishing'' means illegal + fishing, unreported fishing, or unregulated fishing (as such terms + are defined in paragraph 3 of the International Plan of Action to + Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated + Fishing, adopted at the 24th Session of the Committee on Fisheries + in Rome on March 2, 2001). + (7) Port state measures agreement.--The term ``Port State + Measures Agreement'' means the Agreement on Port State Measures to + Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated + Fishing set forth by the Food and Agriculture Organization of the + United Nations, done at Rome, Italy November 22, 2009, and entered + into force June 5, 2016, which offers standards for reporting and + inspecting fishing activities of foreign-flagged fishing vessels at + port. + (8) Priority flag state.--The term ``priority flag state'' + means a country selected in accordance with section 3552 (b)(3)-- + (A) whereby the flagged vessels of which actively engage + in, knowingly profit from, or are complicit in IUU fishing; and + (B) that is willing, but lacks the capacity, to monitor or + take effective enforcement action against its fleet. + (9) Priority region.--The term ``priority region'' means a + region selected in accordance with section 3552 (b)(2)-- + (A) that is at high risk for IUU fishing activity or the + entry of illegally caught seafood into the markets of countries + in the region; and + (B) in which countries lack the capacity to fully address + the illegal activity described in subparagraph (A). + (10) Regional fisheries management organization.--The term + ``Regional Fisheries Management Organization'' means an + intergovernmental fisheries organization or arrangement, as + appropriate, that has the competence to establish conservation and + management measures. + (11) Seafood.--The term ``seafood''-- + (A) means marine finfish, mollusks, crustaceans, and all + other forms of marine animal and plant life, including those + grown, produced, or reared through marine aquaculture + operations or techniques; and + (B) does not include marine mammals, turtles, or birds. + (12) Transnational organized illegal activity.--The term + ``transnational organized illegal activity'' means criminal + activity conducted by self-perpetuating associations of individuals + who operate transnationally for the purpose of obtaining power, + influence, or monetary or commercial gains, wholly or in part by + illegal means, while protecting their activities through a pattern + of corruption or violence or through a transnational organizational + structure and the exploitation of transnational commerce or + communication mechanisms. + (13) Transshipment.--The term ``transshipment'' means the use + of refrigerated vessels that-- + (A) collect catch from multiple fishing boats; + (B) carry the accumulated catches back to port; and + (C) deliver supplies to fishing boats, which allows fishing + vessels to remain at sea for extended periods without coming + into port. +SEC. 3533. PURPOSES. + The purposes of this subtitle are-- + (1) to support a whole-of-government approach across the + Federal Government to counter IUU fishing and related threats to + maritime security; + (2) to improve data sharing that enhances surveillance, + enforcement, and prosecution against IUU fishing and related + activities at a global level; + (3) to support coordination and collaboration to counter IUU + fishing within priority regions; + (4) to increase and improve global transparency and + traceability across the seafood supply chain as-- + (A) a deterrent to IUU fishing; and + (B) a tool for strengthening fisheries management and food + security; + (5) to improve global enforcement operations against IUU + fishing through a whole-of-government approach by the United + States; and + (6) to prevent the use of IUU fishing as a financing source for + transnational organized groups that undermine United States and + global security interests. +SEC. 3534. STATEMENT OF POLICY. + It is the policy of the United States_ + (1) to take action to curtail the global trade in seafood and + seafood products derived from IUU fishing, including its links to + forced labor and transnational organized illegal activity; + (2) to develop holistic diplomatic, military, law enforcement, + economic, and capacity-building tools to counter IUU fishing; + (3) to provide technical assistance to countries in priority + regions and priority flag states to combat IUU fishing, including + assistance-- + (A) to increase local, national, and regional level + capacities to counter IUU fishing through the engagement of law + enforcement and security forces; + (B) to enhance port capacity and security, including by + supporting other countries in working toward the adoption and + implementation of the Port State Measures Agreement; + (C) to combat corruption and increase transparency and + traceability in fisheries management and trade; + (D) to enhance information sharing within and across + governments and multilateral organizations through the + development and use of agreed standards for information + sharing; and + (E) to support effective, science-based fisheries + management regimes that promote legal and safe fisheries and + act as a deterrent to IUU fishing; + (4) to promote global maritime security through improved + capacity and technological assistance to support improved maritime + domain awareness; + (5) to engage with priority flag states to encourage the use of + high quality vessel tracking technologies where existing + enforcement tools are lacking; + (6) to engage with multilateral organizations working on + fisheries issues, including Regional Fisheries Management + Organizations and the Food and Agriculture Organization of the + United Nations, to combat and deter IUU fishing; + (7) to advance information sharing across governments and + multilateral organizations in areas that cross multiple + jurisdictions, through the development and use of an agreed + standard for information sharing; + (8) to continue to use existing and future trade agreements to + combat IUU fishing; + (9) to employ appropriate assets and resources of the United + States Government in a coordinated manner to disrupt the illicit + networks involved in IUU fishing; + (10) to continue to declassify and make available, as + appropriate and practicable, technologies developed by the United + States Government that can be used to help counter IUU fishing; + (11) to recognize the ties of IUU fishing to transnational + organized illegal activity, including human trafficking and illegal + trade in narcotics and arms, and as applicable, to focus on illicit + activity in a coordinated, cross-cutting manner; + (12) to recognize and respond to poor working conditions, labor + abuses, and other violent crimes in the fishing industry; + (13) to increase and improve global transparency and + traceability along the seafood supply chain as-- + (A) a deterrent to IUU fishing; and + (B) an approach for strengthening fisheries management and + food security; and + (14) to promote technological investment and innovation to + combat IUU fishing. -SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. + PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY ------------------------------------------------------------------------- - SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of - Dollars) -------------------------------------------------------------------------- - Program FY 2020 Senate - Line Element Item Request Authorized ------------------------------------------------------------------------- - .............. RESEARCH, - DEVELOPMENT, - TEST & EVAL, - ARMY - .............. BASIC RESEARCH - 2 0601102A DEFENSE 297,976 302,976 - RESEARCH - SCIENCES. - .............. Counter UAS [5,000] - University - Research. - 3 0601103A UNIVERSITY 65,858 65,858 - RESEARCH - INITIATIVES. - 4 0601104A UNIVERSITY AND 86,164 88,164 - INDUSTRY - RESEARCH - CENTERS. - .............. 3D printing [2,000] - 5 0601121A CYBER 4,982 9,982 - COLLABORATIVE - RESEARCH - ALLIANCE. - .............. Cyber basic [5,000] - research. - .............. SUBTOTAL BASIC 454,980 466,980 - RESEARCH. - .............. - .............. APPLIED - RESEARCH - 10 0602141A LETHALITY 26,961 26,961 - TECHNOLOGY. - 11 0602142A ARMY APPLIED 25,319 25,319 - RESEARCH. - 12 0602143A SOLDIER 115,274 118,274 - LETHALITY - TECHNOLOGY. - .............. UPL MDTF [3,000] - for - INDOPACOM. - 13 0602144A GROUND 35,199 41,699 - TECHNOLOGY. - .............. Advanced [2,000] - materials - manufacturi - ng process. - .............. Biopolymer [2,000] - structural - materials. - .............. Cellulose [2,500] - structural - materials. - 14 0602145A NEXT GENERATION 219,047 234,047 - COMBAT VEHICLE - TECHNOLOGY. - .............. Support [15,000] - operational - energy - development - and testing. - 15 0602146A NETWORK C3I 114,516 114,516 - TECHNOLOGY. - 16 0602147A LONG RANGE 74,327 86,327 - PRECISION - FIRES - TECHNOLOGY. - .............. Composite [10,000] - tube and - propulsion - technology. - .............. Novel [2,000] - printed - armament - components. - 17 0602148A FUTURE VERTICLE 93,601 93,601 - LIFT - TECHNOLOGY. - 18 0602150A AIR AND MISSILE 50,771 50,771 - DEFENSE - TECHNOLOGY. - 20 0602213A C3I APPLIED 18,947 23,947 - CYBER. - .............. Cyber [5,000] - research. - 38 0602785A MANPOWER/ 20,873 20,873 - PERSONNEL/ - TRAINING - TECHNOLOGY. - 40 0602787A MEDICAL 99,155 102,155 - TECHNOLOGY. - .............. Female [3,000] - warfighter - performance - research. - .............. SUBTOTAL 893,990 938,490 - APPLIED - RESEARCH. - .............. - .............. ADVANCED - TECHNOLOGY - DEVELOPMENT - 42 0603002A MEDICAL 42,030 42,030 - ADVANCED - TECHNOLOGY. - 47 0603007A MANPOWER, 11,038 11,038 - PERSONNEL AND - TRAINING - ADVANCED - TECHNOLOGY. - 50 0603117A ARMY ADVANCED 63,338 63,338 - TECHNOLOGY - DEVELOPMENT. - 51 0603118A SOLDIER 118,468 118,468 - LETHALITY - ADVANCED - TECHNOLOGY. - 52 0603119A GROUND ADVANCED 12,593 32,593 - TECHNOLOGY. - .............. 100 hour [10,000] - battery. - .............. Computation [2,000] - al - manufacturi - ng - engineering. - .............. Lightweight [3,000] - protective - and - hardening - materials. - .............. Robotic [5,000] - constructio - n research. - 59 0603457A C3I CYBER 13,769 13,769 - ADVANCED - DEVELOPMENT. - 60 0603461A HIGH 184,755 184,755 - PERFORMANCE - COMPUTING - MODERNIZATION - PROGRAM. - 61 0603462A NEXT GENERATION 160,035 185,035 - COMBAT VEHICLE - ADVANCED - TECHNOLOGY. - .............. Ground [5,000] - vehicle - sustainment - research. - .............. Hydrogen [20,000] - fuel cell - propulsion - & - autonomous - driving - controls. - 62 0603463A NETWORK C3I 106,899 106,899 - ADVANCED - TECHNOLOGY. - 63 0603464A LONG RANGE 174,386 178,386 - PRECISION - FIRES ADVANCED - TECHNOLOGY. - .............. Hypersonics [4,000] - research. - 64 0603465A FUTURE VERTICAL 151,640 151,640 - LIFT ADVANCED - TECHNOLOGY. - 65 0603466A AIR AND MISSILE 60,613 60,613 - DEFENSE - ADVANCED - TECHNOLOGY. - .............. SUBTOTAL 1,099,564 1,148,564 - ADVANCED - TECHNOLOGY - DEVELOPMENT. - .............. - .............. ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES - 73 0603305A ARMY MISSLE 10,987 10,987 - DEFENSE - SYSTEMS - INTEGRATION. - 74 0603327A AIR AND MISSILE 15,148 15,148 - DEFENSE - SYSTEMS - ENGINEERING. - 75 0603619A LANDMINE 92,915 92,915 - WARFARE AND - BARRIER--ADV - DEV. - 77 0603639A TANK AND MEDIUM 82,146 82,146 - CALIBER - AMMUNITION. - 78 0603645A ARMORED SYSTEM 157,656 157,656 - MODERNIZATION- - -ADV DEV. - 79 0603747A SOLDIER SUPPORT 6,514 6,514 - AND - SURVIVABILITY. - 80 0603766A TACTICAL 34,890 34,890 - ELECTRONIC - SURVEILLANCE - SYSTEM--ADV - DEV. - 81 0603774A NIGHT VISION 251,011 251,011 - SYSTEMS - ADVANCED - DEVELOPMENT. - 82 0603779A ENVIRONMENTAL 15,132 15,132 - QUALITY - TECHNOLOGY--DE - M/VAL. - 83 0603790A NATO RESEARCH 5,406 5,406 - AND - DEVELOPMENT. - 84 0603801A AVIATION--ADV 459,290 534,890 - DEV. - .............. UPL FVL CS3 [75,600] - program - increase. - 85 0603804A LOGISTICS AND 6,254 6,254 - ENGINEER - EQUIPMENT--ADV - DEV. - 86 0603807A MEDICAL 31,175 31,175 - SYSTEMS--ADV - DEV. - 87 0603827A SOLDIER 22,113 22,113 - SYSTEMS--ADVAN - CED - DEVELOPMENT. - 88 0604017A ROBOTICS 115,222 115,222 - DEVELOPMENT. - 90 0604021A ELECTRONIC 18,043 18,043 - WARFARE - TECHNOLOGY - MATURATION - (MIP). - 91 0604100A ANALYSIS OF 10,023 10,023 - ALTERNATIVES. - 92 0604113A FUTURE TACTICAL 40,745 40,745 - UNMANNED - AIRCRAFT - SYSTEM (FTUAS). - 93 0604114A LOWER TIER AIR 427,772 427,772 - MISSILE - DEFENSE - (LTAMD) SENSOR. - 94 0604115A TECHNOLOGY 196,676 196,676 - MATURATION - INITIATIVES. - 95 0604117A MANEUVER--SHORT 33,100 33,100 - RANGE AIR - DEFENSE (M- - SHORAD). - 97 0604119A ARMY ADVANCED 115,116 115,116 - COMPONENT - DEVELOPMENT & - PROTOTYPING. - 99 0604121A SYNTHETIC 136,761 136,761 - TRAINING - ENVIRONMENT - REFINEMENT & - PROTOTYPING. - 100 0604182A HYPERSONICS.... 228,000 358,610 - .............. UPL [130,610] - accelerate - Hypersonic - Weapons - System. - 102 0604403A FUTURE 8,000 8,000 - INTERCEPTOR. - 103 0604541A UNIFIED NETWORK 39,600 39,600 - TRANSPORT. - 104 0604644A MOBILE MEDIUM 20,000 20,000 - RANGE MISSILE. - 106 0305251A CYBERSPACE 52,102 52,102 - OPERATIONS - FORCES AND - FORCE SUPPORT. - 107 1206120A ASSURED 192,562 192,562 - POSITIONING, - NAVIGATION AND - TIMING (PNT). - 108 1206308A ARMY SPACE 104,996 104,996 - SYSTEMS - INTEGRATION. - .............. SUBTOTAL 2,929,355 3,135,565 - ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES. - .............. - .............. SYSTEM - DEVELOPMENT & - DEMONSTRATION - 109 0604201A AIRCRAFT 29,164 29,164 - AVIONICS. - 110 0604270A ELECTRONIC 70,539 70,539 - WARFARE - DEVELOPMENT. - 113 0604601A INFANTRY 106,121 126,021 - SUPPORT - WEAPONS. - .............. UPL Next [19,900] - Generation - Squad - Weapon--Aut - omatic - Rifle. - 114 0604604A MEDIUM TACTICAL 2,152 2,152 - VEHICLES. - 115 0604611A JAVELIN........ 17,897 17,897 - 116 0604622A FAMILY OF HEAVY 16,745 16,745 - TACTICAL - VEHICLES. - 117 0604633A AIR TRAFFIC 6,989 6,989 - CONTROL. - 118 0604642A LIGHT TACTICAL 10,465 10,465 - WHEELED - VEHICLES. - 119 0604645A ARMORED SYSTEMS 310,152 310,152 - MODERNIZATION - (ASM)--ENG DEV. - 120 0604710A NIGHT VISION 181,732 181,732 - SYSTEMS--ENG - DEV. - 121 0604713A COMBAT FEEDING, 2,393 2,393 - CLOTHING, AND - EQUIPMENT. - 122 0604715A NON-SYSTEM 27,412 27,412 - TRAINING - DEVICES--ENG - DEV. - 123 0604741A AIR DEFENSE 43,502 43,502 - COMMAND, - CONTROL AND - INTELLIGENCE-- - ENG DEV. - 124 0604742A CONSTRUCTIVE 11,636 11,636 - SIMULATION - SYSTEMS - DEVELOPMENT. - 125 0604746A AUTOMATIC TEST 10,915 10,915 - EQUIPMENT - DEVELOPMENT. - 126 0604760A DISTRIBUTIVE 7,801 7,801 - INTERACTIVE - SIMULATIONS - (DIS)--ENG DEV. - 127 0604768A BRILLIANT ANTI- 25,000 25,000 - ARMOR - SUBMUNITION - (BAT). - 128 0604780A COMBINED ARMS 9,241 9,241 - TACTICAL - TRAINER (CATT) - CORE. - 129 0604798A BRIGADE 42,634 42,634 - ANALYSIS, - INTEGRATION - AND EVALUATION. - 130 0604802A WEAPONS AND 181,023 181,023 - MUNITIONS--ENG - DEV. - 131 0604804A LOGISTICS AND 103,226 103,226 - ENGINEER - EQUIPMENT--ENG - DEV. - 132 0604805A COMMAND, 12,595 12,595 - CONTROL, - COMMUNICATIONS - SYSTEMS--ENG - DEV. - 133 0604807A MEDICAL 48,264 48,264 - MATERIEL/ - MEDICAL - BIOLOGICAL - DEFENSE - EQUIPMENT--ENG - DEV. - 134 0604808A LANDMINE 39,208 39,208 - WARFARE/ - BARRIER--ENG - DEV. - 135 0604818A ARMY TACTICAL 140,637 140,637 - COMMAND & - CONTROL - HARDWARE & - SOFTWARE. - 136 0604820A RADAR 105,243 105,243 - DEVELOPMENT. - 137 0604822A GENERAL FUND 46,683 46,683 - ENTERPRISE - BUSINESS - SYSTEM (GFEBS). - 138 0604823A FIREFINDER..... 17,294 17,294 - 139 0604827A SOLDIER 5,803 5,803 - SYSTEMS--WARRI - OR DEM/VAL. - 140 0604852A SUITE OF 98,698 98,698 - SURVIVABILITY - ENHANCEMENT - SYSTEMS--EMD. - 141 0604854A ARTILLERY 15,832 15,832 - SYSTEMS--EMD. - 142 0605013A INFORMATION 126,537 126,537 - TECHNOLOGY - DEVELOPMENT. - 143 0605018A INTEGRATED 142,773 0 - PERSONNEL AND - PAY SYSTEM- - ARMY (IPPS-A). - .............. Poor [-142,773] - business - process - reengineeri - ng. - 144 0605028A ARMORED MULTI- 96,730 96,730 - PURPOSE - VEHICLE (AMPV). - 145 0605029A INTEGRATED 6,699 6,699 - GROUND - SECURITY - SURVEILLANCE - RESPONSE - CAPABILITY - (IGSSR-C). - 146 0605030A JOINT TACTICAL 15,882 15,882 - NETWORK CENTER - (JTNC). - 147 0605031A JOINT TACTICAL 40,808 40,808 - NETWORK (JTN). - 149 0605033A GROUND-BASED 3,847 3,847 - OPERATIONAL - SURVEILLANCE - SYSTEM--EXPEDI - TIONARY (GBOSS- - E). - 150 0605034A TACTICAL 6,928 6,928 - SECURITY - SYSTEM (TSS). - 151 0605035A COMMON INFRARED 34,488 34,488 - COUNTERMEASURE - S (CIRCM). - 152 0605036A COMBATING 10,000 10,000 - WEAPONS OF - MASS - DESTRUCTION - (CWMD). - 154 0605038A NUCLEAR 6,054 6,054 - BIOLOGICAL - CHEMICAL - RECONNAISSANCE - VEHICLE - (NBCRV) SENSOR - SUITE. - 155 0605041A DEFENSIVE CYBER 62,262 62,262 - TOOL - DEVELOPMENT. - 156 0605042A TACTICAL 35,654 35,654 - NETWORK RADIO - SYSTEMS (LOW- - TIER). - 157 0605047A CONTRACT 19,682 0 - WRITING SYSTEM. - .............. Program [-19,682] - duplication. - 158 0605049A MISSILE WARNING 1,539 1,539 - SYSTEM - MODERNIZATION - (MWSM). - 159 0605051A AIRCRAFT 64,557 64,557 - SURVIVABILITY - DEVELOPMENT. - 160 0605052A INDIRECT FIRE 243,228 149,628 - PROTECTION - CAPABILITY INC - 2--BLOCK 1. - .............. EMAM [-124,200] - development - ahead of - need. - .............. Iron Dome [20,600] - testing and - delivery. - .............. UPL Multi- [10,000] - Domain - Artillery. - 161 0605053A GROUND ROBOTICS 41,308 28,508 - .............. Army [-12,800] - requested - realignment. - 162 0605054A EMERGING 45,896 45,896 - TECHNOLOGY - INITIATIVES. - 163 0605203A ARMY SYSTEM 164,883 164,883 - DEVELOPMENT & - DEMONSTRATION. - 165 0605450A JOINT AIR-TO- 9,500 9,500 - GROUND MISSILE - (JAGM). - 166 0605457A ARMY INTEGRATED 208,938 208,938 - AIR AND - MISSILE - DEFENSE - (AIAMD). - 167 0605625A MANNED GROUND 378,400 418,400 - VEHICLE. - .............. UPL NGCV [40,000] - 50mm gun. - 168 0605766A NATIONAL 7,835 7,835 - CAPABILITIES - INTEGRATION - (MIP). - 169 0605812A JOINT LIGHT 2,732 7,232 - TACTICAL - VEHICLE (JLTV) - ENGINEERING - AND - MANUFACTURING - DEVELOPMENT PH. - .............. Army [4,500] - requested - realignment. - 170 0605830A AVIATION GROUND 1,664 1,664 - SUPPORT - EQUIPMENT. - 172 0303032A TROJAN--RH12... 3,936 3,936 - 174 0304270A ELECTRONIC 19,675 19,675 - WARFARE - DEVELOPMENT. - .............. SUBTOTAL SYSTEM 3,549,431 3,344,976 - DEVELOPMENT & - DEMONSTRATION. - .............. - .............. RDT&E - MANAGEMENT - SUPPORT - 176 0604256A THREAT 14,117 16,117 - SIMULATOR - DEVELOPMENT. - .............. Cybersecuri [2,000] - ty threat - simulation. - 177 0604258A TARGET SYSTEMS 8,327 8,327 - DEVELOPMENT. - 178 0604759A MAJOR T&E 136,565 136,565 - INVESTMENT. - 179 0605103A RAND ARROYO 13,113 13,113 - CENTER. - 180 0605301A ARMY KWAJALEIN 238,691 238,691 - ATOLL. - 181 0605326A CONCEPTS 42,922 42,922 - EXPERIMENTATIO - N PROGRAM. - 183 0605601A ARMY TEST 334,468 349,468 - RANGES AND - FACILITIES. - .............. Directed [15,000] - energy test - capabilitie - s. - 184 0605602A ARMY TECHNICAL 46,974 46,974 - TEST - INSTRUMENTATIO - N AND TARGETS. - 185 0605604A SURVIVABILITY/ 35,075 35,075 - LETHALITY - ANALYSIS. - 186 0605606A AIRCRAFT 3,461 3,461 - CERTIFICATION. - 187 0605702A METEOROLOGICAL 6,233 6,233 - SUPPORT TO - RDT&E - ACTIVITIES. - 188 0605706A MATERIEL 21,342 21,342 - SYSTEMS - ANALYSIS. - 189 0605709A EXPLOITATION OF 11,168 11,168 - FOREIGN ITEMS. - 190 0605712A SUPPORT OF 52,723 52,723 - OPERATIONAL - TESTING. - 191 0605716A ARMY EVALUATION 60,815 60,815 - CENTER. - 192 0605718A ARMY MODELING & 2,527 2,527 - SIM X-CMD - COLLABORATION - & INTEG. - 193 0605801A PROGRAMWIDE 58,175 58,175 - ACTIVITIES. - 194 0605803A TECHNICAL 25,060 25,060 - INFORMATION - ACTIVITIES. - 195 0605805A MUNITIONS 44,458 44,458 - STANDARDIZATIO - N, - EFFECTIVENESS - AND SAFETY. - 196 0605857A ENVIRONMENTAL 4,681 4,681 - QUALITY - TECHNOLOGY - MGMT SUPPORT. - 197 0605898A ARMY DIRECT 53,820 53,820 - REPORT - HEADQUARTERS-- - R&D - MHA. - 198 0606001A MILITARY GROUND- 4,291 4,291 - BASED CREW - TECHNOLOGY. - 199 0606002A RONALD REAGAN 62,069 62,069 - BALLISTIC - MISSILE - DEFENSE TEST - SITE. - 200 0606003A COUNTERINTEL 1,050 1,050 - AND HUMAN - INTEL - MODERNIZATION. - 201 0606942A ASSESSMENTS AND 4,500 4,500 - EVALUATIONS - CYBER - VULNERABILITIE - S. - .............. SUBTOTAL RDT&E 1,286,625 1,303,625 - MANAGEMENT - SUPPORT. - .............. - .............. OPERATIONAL - SYSTEMS - DEVELOPMENT - 204 0603778A MLRS PRODUCT 22,877 22,877 - IMPROVEMENT - PROGRAM. - 206 0605024A ANTI-TAMPER 8,491 8,491 - TECHNOLOGY - SUPPORT. - 207 0607131A WEAPONS AND 15,645 15,645 - MUNITIONS - PRODUCT - IMPROVEMENT - PROGRAMS. - 209 0607134A LONG RANGE 164,182 164,182 - PRECISION - FIRES (LRPF). - 211 0607136A BLACKHAWK 13,039 13,039 - PRODUCT - IMPROVEMENT - PROGRAM. - 212 0607137A CHINOOK PRODUCT 174,371 174,371 - IMPROVEMENT - PROGRAM. - 213 0607138A FIXED WING 4,545 4,545 - PRODUCT - IMPROVEMENT - PROGRAM. - 214 0607139A IMPROVED 206,434 206,434 - TURBINE ENGINE - PROGRAM. - 216 0607142A AVIATION ROCKET 24,221 24,221 - SYSTEM PRODUCT - IMPROVEMENT - AND - DEVELOPMENT. - 217 0607143A UNMANNED 32,016 32,016 - AIRCRAFT - SYSTEM - UNIVERSAL - PRODUCTS. - 218 0607145A APACHE FUTURE 5,448 5,448 - DEVELOPMENT. - 219 0607312A ARMY 49,526 49,526 - OPERATIONAL - SYSTEMS - DEVELOPMENT. - 220 0607665A FAMILY OF 1,702 1,702 - BIOMETRICS. - 221 0607865A PATRIOT PRODUCT 96,430 96,430 - IMPROVEMENT. - 222 0203728A JOINT AUTOMATED 47,398 47,398 - DEEP OPERATION - COORDINATION - SYSTEM - (JADOCS). - 223 0203735A COMBAT VEHICLE 334,463 334,463 - IMPROVEMENT - PROGRAMS. - 225 0203743A 155MM SELF- 214,246 214,246 - PROPELLED - HOWITZER - IMPROVEMENTS. - 226 0203744A AIRCRAFT 16,486 16,486 - MODIFICATIONS/ - PRODUCT - IMPROVEMENT - PROGRAMS. - 227 0203752A AIRCRAFT ENGINE 144 144 - COMPONENT - IMPROVEMENT - PROGRAM. - 228 0203758A DIGITIZATION... 5,270 5,270 - 229 0203801A MISSILE/AIR 1,287 1,287 - DEFENSE - PRODUCT - IMPROVEMENT - PROGRAM. - 230 0203802A OTHER MISSILE 0 24,100 - PRODUCT - IMPROVEMENT - PROGRAMS. - .............. UPL CD [24,100] - ATACMS. - 234 0205412A ENVIRONMENTAL 732 732 - QUALITY - TECHNOLOGY--OP - ERATIONAL - SYSTEM DEV. - 235 0205456A LOWER TIER AIR 107,746 107,746 - AND MISSILE - DEFENSE (AMD) - SYSTEM. - 236 0205778A GUIDED MULTIPLE- 138,594 138,594 - LAUNCH ROCKET - SYSTEM (GMLRS). - 238 0303028A SECURITY AND 13,845 13,845 - INTELLIGENCE - ACTIVITIES. - 239 0303140A INFORMATION 29,185 29,185 - SYSTEMS - SECURITY - PROGRAM. - 240 0303141A GLOBAL COMBAT 68,976 68,976 - SUPPORT SYSTEM. - 241 0303150A WWMCCS/GLOBAL 2,073 2,073 - COMMAND AND - CONTROL SYSTEM. - 245 0305179A INTEGRATED 459 459 - BROADCAST - SERVICE (IBS). - 246 0305204A TACTICAL 5,097 5,097 - UNMANNED - AERIAL - VEHICLES. - 247 0305206A AIRBORNE 11,177 11,177 - RECONNAISSANCE - SYSTEMS. - 248 0305208A DISTRIBUTED 38,121 38,121 - COMMON GROUND/ - SURFACE - SYSTEMS. - 250 0305232A RQ-11 UAV...... 3,218 3,218 - 251 0305233A RQ-7 UAV....... 7,817 7,817 - 252 0307665A BIOMETRICS 2,000 2,000 - ENABLED - INTELLIGENCE. - 253 0708045A END ITEM 59,848 62,848 - INDUSTRIAL - PREPAREDNESS - ACTIVITIES. - .............. Nanoscale [3,000] - materials - manufacturi - ng. - 254 1203142A SATCOM GROUND 34,169 34,169 - ENVIRONMENT - (SPACE). - 255 1208053A JOINT TACTICAL 10,275 10,275 - GROUND SYSTEM. - 999 9999999999 CLASSIFIED 7,273 7,273 - PROGRAMS. - .............. SUBTOTAL 1,978,826 2,005,926 - OPERATIONAL - SYSTEMS - DEVELOPMENT. - .............. - .............. TOTAL RESEARCH, 12,192,771 12,344,126 - DEVELOPMENT, - TEST & EVAL, - ARMY. - .............. - .............. RESEARCH, - DEVELOPMENT, - TEST & EVAL, - NAVY - .............. BASIC RESEARCH - 1 0601103N UNIVERSITY 116,850 126,850 - RESEARCH - INITIATIVES. - .............. Cyber basic [10,000] - research. - 2 0601152N IN-HOUSE 19,121 19,121 - LABORATORY - INDEPENDENT - RESEARCH. - 3 0601153N DEFENSE 470,007 470,007 - RESEARCH - SCIENCES. - .............. SUBTOTAL BASIC 605,978 615,978 - RESEARCH. - .............. - .............. APPLIED - RESEARCH - 4 0602114N POWER 18,546 18,546 - PROJECTION - APPLIED - RESEARCH. - 5 0602123N FORCE 119,517 136,017 - PROTECTION - APPLIED - RESEARCH. - .............. Carbon [8,000] - capture. - .............. Electric [2,500] - propulsion - research. - .............. Energy [3,000] - resilience - research. - .............. Program [-5,000] - reduction. - .............. Test bed [8,000] - for - autonomous - ship - systems. - 6 0602131M MARINE CORPS 56,604 59,604 - LANDING FORCE - TECHNOLOGY. - .............. Interdiscip [3,000] - linary - cybersecuri - ty. - 7 0602235N COMMON PICTURE 49,297 44,297 - APPLIED - RESEARCH. - .............. Coordinate [-5,000] - space - activities. - 8 0602236N WARFIGHTER 63,825 65,825 - SUSTAINMENT - APPLIED - RESEARCH. - .............. Warfighter [2,000] - safety and - performance - research. - 9 0602271N ELECTROMAGNETIC 83,497 78,497 - SYSTEMS - APPLIED - RESEARCH. - .............. Coordinate [-5,000] - EW - activities. - 10 0602435N OCEAN 63,894 63,894 - WARFIGHTING - ENVIRONMENT - APPLIED - RESEARCH. - 11 0602651M JOINT NON- 6,346 6,346 - LETHAL WEAPONS - APPLIED - RESEARCH. - 12 0602747N UNDERSEA 57,075 64,575 - WARFARE - APPLIED - RESEARCH. - .............. Undersea [7,500] - vehicle - technology - research. - 13 0602750N FUTURE NAVAL 154,755 154,755 - CAPABILITIES - APPLIED - RESEARCH. - 14 0602782N MINE AND 36,074 36,074 - EXPEDITIONARY - WARFARE - APPLIED - RESEARCH. - 15 0602792N INNOVATIVE 153,062 153,062 - NAVAL - PROTOTYPES - (INP) APPLIED - RESEARCH. - 16 0602861N SCIENCE AND 73,961 73,961 - TECHNOLOGY - MANAGEMENT--ON - R FIELD - ACITIVITIES. - .............. SUBTOTAL 936,453 955,453 - APPLIED - RESEARCH. - .............. - .............. ADVANCED - TECHNOLOGY - DEVELOPMENT - 17 0603123N FORCE 35,286 35,286 - PROTECTION - ADVANCED - TECHNOLOGY. - 18 0603271N ELECTROMAGNETIC 9,499 9,499 - SYSTEMS - ADVANCED - TECHNOLOGY. - 19 0603640M USMC ADVANCED 172,847 176,847 - TECHNOLOGY - DEMONSTRATION - (ATD). - .............. Consolidate [-5,000] - efforts in - AI/ML with - Joint Force. - .............. UPL MUDLAN [9,000] - program - increase. - 20 0603651M JOINT NON- 13,307 13,307 - LETHAL WEAPONS - TECHNOLOGY - DEVELOPMENT. - 21 0603673N FUTURE NAVAL 231,907 231,907 - CAPABILITIES - ADVANCED - TECHNOLOGY - DEVELOPMENT. - 22 0603680N MANUFACTURING 60,138 60,138 - TECHNOLOGY - PROGRAM. - 23 0603729N WARFIGHTER 4,849 4,849 - PROTECTION - ADVANCED - TECHNOLOGY. - 25 0603758N NAVY 67,739 67,739 - WARFIGHTING - EXPERIMENTS - AND - DEMONSTRATIONS. - 26 0603782N MINE AND 13,335 13,335 - EXPEDITIONARY - WARFARE - ADVANCED - TECHNOLOGY. - 27 0603801N INNOVATIVE 133,303 128,303 - NAVAL - PROTOTYPES - (INP) ADVANCED - TECHNOLOGY - DEVELOPMENT. - .............. Reduce [-5,000] - electronic - manuever. - .............. SUBTOTAL 742,210 741,210 - ADVANCED - TECHNOLOGY - DEVELOPMENT. - .............. - .............. ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES - 28 0603207N AIR/OCEAN 32,643 38,643 - TACTICAL - APPLICATIONS. - .............. Program [6,000] - increase - for 1 REMUS - 600 vehicle. - 29 0603216N AVIATION 11,919 11,919 - SURVIVABILITY. - 30 0603251N AIRCRAFT 1,473 1,473 - SYSTEMS. - 31 0603254N ASW SYSTEMS 7,172 7,172 - DEVELOPMENT. - 32 0603261N TACTICAL 3,419 3,419 - AIRBORNE - RECONNAISSANCE. - 33 0603382N ADVANCED COMBAT 64,694 64,694 - SYSTEMS - TECHNOLOGY. - 34 0603502N SURFACE AND 507,000 134,500 - SHALLOW WATER - MINE - COUNTERMEASURE - S. - .............. Excess [-372,500] - procurement - ahead of - satisfactor - y testing. - 35 0603506N SURFACE SHIP 15,800 15,800 - TORPEDO - DEFENSE. - 36 0603512N CARRIER SYSTEMS 4,997 4,997 - DEVELOPMENT. - 37 0603525N PILOT FISH..... 291,148 291,148 - 38 0603527N RETRACT LARCH.. 11,980 11,980 - 39 0603536N RETRACT JUNIPER 129,163 129,163 - 40 0603542N RADIOLOGICAL 689 689 - CONTROL. - 41 0603553N SURFACE ASW.... 1,137 1,137 - 42 0603561N ADVANCED 148,756 153,756 - SUBMARINE - SYSTEM - DEVELOPMENT. - .............. Project [5,000] - 2033: Test - site - emergent - repairs. - 43 0603562N SUBMARINE 11,192 11,192 - TACTICAL - WARFARE - SYSTEMS. - 44 0603563N SHIP CONCEPT 81,846 57,846 - ADVANCED - DESIGN. - .............. Early to [-24,000] - need. - 45 0603564N SHIP 69,084 22,484 - PRELIMINARY - DESIGN & - FEASIBILITY - STUDIES. - .............. Early to [-46,600] - need. - 46 0603570N ADVANCED 181,652 181,652 - NUCLEAR POWER - SYSTEMS. - 47 0603573N ADVANCED 25,408 150,408 - SURFACE - MACHINERY - SYSTEMS. - .............. Surface [125,000] - combatant - component- - level - prototyping. - 48 0603576N CHALK EAGLE.... 64,877 64,877 - 49 0603581N LITTORAL COMBAT 9,934 9,934 - SHIP (LCS). - 50 0603582N COMBAT SYSTEM 17,251 17,251 - INTEGRATION. - 51 0603595N OHIO 419,051 434,051 - REPLACEMENT. - .............. Accelerate [15,000] - advanced - propulsor - development. - 52 0603596N LCS MISSION 108,505 103,505 - MODULES. - .............. Availabe [-5,000] - prior year - funds due - to SUW MP - testing - delay. - 53 0603597N AUTOMATED TEST 7,653 7,653 - AND ANALYSIS. - 54 0603599N FRIGATE 59,007 59,007 - DEVELOPMENT. - 55 0603609N CONVENTIONAL 9,988 9,988 - MUNITIONS. - 56 0603635M MARINE CORPS 86,464 86,464 - GROUND COMBAT/ - SUPPORT SYSTEM. - 57 0603654N JOINT SERVICE 33,478 33,478 - EXPLOSIVE - ORDNANCE - DEVELOPMENT. - 58 0603713N OCEAN 5,619 5,619 - ENGINEERING - TECHNOLOGY - DEVELOPMENT. - 59 0603721N ENVIRONMENTAL 20,564 20,564 - PROTECTION. - 60 0603724N NAVY ENERGY 26,514 26,514 - PROGRAM. - 61 0603725N FACILITIES 3,440 3,440 - IMPROVEMENT. - 62 0603734N CHALK CORAL.... 346,800 346,800 - 63 0603739N NAVY LOGISTIC 3,857 3,857 - PRODUCTIVITY. - 64 0603746N RETRACT MAPLE.. 258,519 258,519 - 65 0603748N LINK PLUMERIA.. 403,909 403,909 - 66 0603751N RETRACT ELM.... 63,434 63,434 - 67 0603764N LINK EVERGREEN. 184,110 184,110 - 68 0603790N NATO RESEARCH 7,697 7,697 - AND - DEVELOPMENT. - 69 0603795N LAND ATTACK 9,086 9,086 - TECHNOLOGY. - 70 0603851M JOINT NON- 28,466 28,466 - LETHAL WEAPONS - TESTING. - 71 0603860N JOINT PRECISION 51,341 51,341 - APPROACH AND - LANDING - SYSTEMS--DEM/ - VAL. - 72 0603925N DIRECTED ENERGY 118,169 118,169 - AND ELECTRIC - WEAPON SYSTEMS. - 73 0604014N F/A -18 113,456 113,456 - INFRARED - SEARCH AND - TRACK (IRST). - 74 0604027N DIGITAL WARFARE 50,120 50,120 - OFFICE. - 75 0604028N SMALL AND 32,527 32,527 - MEDIUM - UNMANNED - UNDERSEA - VEHICLES. - 76 0604029N UNMANNED 54,376 54,376 - UNDERSEA - VEHICLE CORE - TECHNOLOGIES. - 77 0604030N RAPID 36,197 36,197 - PROTOTYPING, - EXPERIMENTATIO - N AND - DEMONSTRATION.. - 78 0604031N LARGE UNMANNED 68,310 68,310 - UNDERSEA - VEHICLES. - 79 0604112N GERALD R. FORD 121,310 121,310 - CLASS NUCLEAR - AIRCRAFT - CARRIER (CVN - 78--80). - 80 0604126N LITTORAL 17,248 17,248 - AIRBORNE MCM. - 81 0604127N SURFACE MINE 18,735 18,735 - COUNTERMEASURE - S. - 82 0604272N TACTICAL AIR 68,346 68,346 - DIRECTIONAL - INFRARED - COUNTERMEASURE - S (TADIRCM). - 84 0604289M NEXT GENERATION 4,420 13,420 - LOGISTICS. - .............. Additive [9,000] - manufacturi - ng - logistics - software - pilot. - 85 0604320M RAPID 4,558 4,558 - TECHNOLOGY - CAPABILITY - PROTOTYPE. - 86 0604454N LX (R)......... 12,500 12,500 - 87 0604536N ADVANCED 181,967 181,967 - UNDERSEA - PROTOTYPING. - 88 0604636N COUNTER 5,500 5,500 - UNMANNED - AIRCRAFT - SYSTEMS (C- - UAS). - 89 0604659N PRECISION 718,148 723,148 - STRIKE WEAPONS - DEVELOPMENT - PROGRAM. - .............. Increase [5,000] - for SLCM-N - AOA. - 90 0604707N SPACE AND 5,263 5,263 - ELECTRONIC - WARFARE (SEW) - ARCHITECTURE/ - ENGINEERING - SUPPORT. - 91 0604786N OFFENSIVE ANTI- 65,419 65,419 - SURFACE - WARFARE WEAPON - DEVELOPMENT. - 92 0303354N ASW SYSTEMS 9,991 9,991 - DEVELOPMENT--M - IP. - 93 0304240M ADVANCED 21,157 21,157 - TACTICAL - UNMANNED - AIRCRAFT - SYSTEM. - 95 0304270N ELECTRONIC 609 609 - WARFARE - DEVELOPMENT--M - IP. - .............. SUBTOTAL 5,559,062 5,275,962 - ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES. - .............. - .............. SYSTEM - DEVELOPMENT & - DEMONSTRATION - 96 0603208N TRAINING SYSTEM 15,514 15,514 - AIRCRAFT. - 97 0604212N OTHER HELO 28,835 28,835 - DEVELOPMENT. - 98 0604214M AV-8B AIRCRAFT-- 27,441 27,441 - ENG DEV. - 100 0604215N STANDARDS 3,642 3,642 - DEVELOPMENT. - 101 0604216N MULTI-MISSION 19,196 19,196 - HELICOPTER - UPGRADE - DEVELOPMENT. - 104 0604230N WARFARE SUPPORT 8,601 8,601 - SYSTEM. - 105 0604231N TACTICAL 77,232 77,232 - COMMAND SYSTEM. - 106 0604234N ADVANCED 232,752 232,752 - HAWKEYE. - 107 0604245M H-1 UPGRADES... 65,359 65,359 - 109 0604261N ACOUSTIC SEARCH 47,013 47,013 - SENSORS. - 110 0604262N V-22A.......... 185,105 190,605 - .............. Increase [5,500] - reliability - and reduce - vibrations - of V-22 - Nacelles. - 111 0604264N AIR CREW 21,172 21,172 - SYSTEMS - DEVELOPMENT. - 112 0604269N EA-18.......... 143,585 143,585 - 113 0604270N ELECTRONIC 116,811 116,811 - WARFARE - DEVELOPMENT. - 114 0604273M EXECUTIVE HELO 187,436 187,436 - DEVELOPMENT. - 116 0604274N NEXT GENERATION 524,261 524,261 - JAMMER (NGJ). - 117 0604280N JOINT TACTICAL 192,345 192,345 - RADIO SYSTEM-- - NAVY (JTRS- - NAVY). - 118 0604282N NEXT GENERATION 111,068 111,068 - JAMMER (NGJ) - INCREMENT II. - 119 0604307N SURFACE 415,625 415,625 - COMBATANT - COMBAT SYSTEM - ENGINEERING. - 120 0604311N LPD-17 CLASS 640 640 - SYSTEMS - INTEGRATION. - 121 0604329N SMALL DIAMETER 50,096 50,096 - BOMB (SDB). - 122 0604366N STANDARD 232,391 232,391 - MISSILE - IMPROVEMENTS. - 123 0604373N AIRBORNE MCM... 10,916 10,916 - 124 0604378N NAVAL 33,379 33,379 - INTEGRATED - FIRE CONTROL-- - COUNTER AIR - SYSTEMS - ENGINEERING. - 125 0604501N ADVANCED ABOVE 34,554 34,554 - WATER SENSORS. - 126 0604503N SSN-688 AND 84,663 84,663 - TRIDENT - MODERNIZATION. - 127 0604504N AIR CONTROL.... 44,923 44,923 - 128 0604512N SHIPBOARD 10,632 10,632 - AVIATION - SYSTEMS. - 129 0604518N COMBAT 16,094 16,094 - INFORMATION - CENTER - CONVERSION. - 130 0604522N AIR AND MISSILE 55,349 55,349 - DEFENSE RADAR - (AMDR) SYSTEM. - 131 0604530N ADVANCED 123,490 123,490 - ARRESTING GEAR - (AAG). - 132 0604558N NEW DESIGN SSN. 121,010 121,010 - 133 0604562N SUBMARINE 62,426 62,426 - TACTICAL - WARFARE SYSTEM. - 134 0604567N SHIP CONTRACT 46,809 46,809 - DESIGN/ LIVE - FIRE T&E. - 135 0604574N NAVY TACTICAL 3,692 3,692 - COMPUTER - RESOURCES. - 137 0604601N MINE 28,964 100,264 - DEVELOPMENT. - .............. UPL [71,300] - Quickstrike - JDAM ER. - 138 0604610N LIGHTWEIGHT 148,349 148,349 - TORPEDO - DEVELOPMENT. - 139 0604654N JOINT SERVICE 8,237 8,237 - EXPLOSIVE - ORDNANCE - DEVELOPMENT. - 140 0604657M USMC GROUND 22,000 22,000 - COMBAT/ - SUPPORTING - ARMS SYSTEMS-- - ENG DEV. - 141 0604703N PERSONNEL, 5,500 5,500 - TRAINING, - SIMULATION, - AND HUMAN - FACTORS. - 142 0604727N JOINT STANDOFF 18,725 18,725 - WEAPON SYSTEMS. - 143 0604755N SHIP SELF 192,603 192,603 - DEFENSE - (DETECT & - CONTROL). - 144 0604756N SHIP SELF 137,268 137,268 - DEFENSE - (ENGAGE: HARD - KILL). - 145 0604757N SHIP SELF 97,363 97,363 - DEFENSE - (ENGAGE: SOFT - KILL/EW). - 146 0604761N INTELLIGENCE 26,710 26,710 - ENGINEERING. - 147 0604771N MEDICAL 8,181 8,181 - DEVELOPMENT. - 148 0604777N NAVIGATION/ID 40,755 40,755 - SYSTEM. - 149 0604800M JOINT STRIKE 1,710 1,710 - FIGHTER (JSF)-- - EMD. - 150 0604800N JOINT STRIKE 1,490 1,490 - FIGHTER (JSF)-- - EMD. - 153 0605013M INFORMATION 1,494 1,494 - TECHNOLOGY - DEVELOPMENT. - 154 0605013N INFORMATION 384,162 328,722 - TECHNOLOGY - DEVELOPMENT. - .............. eProcuremen [-55,440] - t program - duplication. - 155 0605024N ANTI-TAMPER 4,882 4,882 - TECHNOLOGY - SUPPORT. - 156 0605212M CH-53K RDTE.... 516,955 506,955 - .............. Early to [-10,000] - need. - 158 0605215N MISSION 75,886 75,886 - PLANNING. - 159 0605217N COMMON AVIONICS 43,187 43,187 - 160 0605220N SHIP TO SHORE 4,909 19,909 - CONNECTOR - (SSC). - .............. Expand [15,000] - development - and use of - composite - materials. - 161 0605327N T-AO 205 CLASS. 1,682 1,682 - 162 0605414N UNMANNED 671,258 671,258 - CARRIER - AVIATION (UCA). - 163 0605450M JOINT AIR-TO- 18,393 18,393 - GROUND MISSILE - (JAGM). - 165 0605500N MULTI-MISSION 21,472 21,472 - MARITIME - AIRCRAFT (MMA). - 166 0605504N MULTI-MISSION 177,234 177,234 - MARITIME (MMA) - INCREMENT III. - 167 0605611M MARINE CORPS 77,322 77,322 - ASSAULT - VEHICLES - SYSTEM - DEVELOPMENT & - DEMONSTRATION. - 168 0605813M JOINT LIGHT 2,105 2,105 - TACTICAL - VEHICLE (JLTV) - SYSTEM - DEVELOPMENT & - DEMONSTRATION. - 169 0204202N DDG-1000....... 111,435 111,435 - 172 0304785N TACTICAL 101,339 101,339 - CRYPTOLOGIC - SYSTEMS. - 173 0306250M CYBER 26,406 26,406 - OPERATIONS - TECHNOLOGY - DEVELOPMENT. - .............. SUBTOTAL SYSTEM 6,332,033 6,358,393 - DEVELOPMENT & - DEMONSTRATION. - .............. - .............. MANAGEMENT - SUPPORT - 174 0604256N THREAT 66,678 66,678 - SIMULATOR - DEVELOPMENT. - 175 0604258N TARGET SYSTEMS 12,027 12,027 - DEVELOPMENT. - 176 0604759N MAJOR T&E 85,348 85,348 - INVESTMENT. - 178 0605152N STUDIES AND 3,908 3,908 - ANALYSIS - SUPPORT--NAVY. - 179 0605154N CENTER FOR 47,669 47,669 - NAVAL ANALYSES. - 180 0605285N NEXT GENERATION 20,698 20,698 - FIGHTER. - 182 0605804N TECHNICAL 988 988 - INFORMATION - SERVICES. - 183 0605853N MANAGEMENT, 102,401 102,401 - TECHNICAL & - INTERNATIONAL - SUPPORT. - 184 0605856N STRATEGIC 3,742 3,742 - TECHNICAL - SUPPORT. - 186 0605863N RDT&E SHIP AND 93,872 93,872 - AIRCRAFT - SUPPORT. - 187 0605864N TEST AND 394,020 394,020 - EVALUATION - SUPPORT. - 188 0605865N OPERATIONAL 25,145 25,145 - TEST AND - EVALUATION - CAPABILITY. - 189 0605866N NAVY SPACE AND 15,773 15,773 - ELECTRONIC - WARFARE (SEW) - SUPPORT. - 190 0605867N SEW 8,402 8,402 - SURVEILLANCE/ - RECONNAISSANCE - SUPPORT. - 191 0605873M MARINE CORPS 37,265 37,265 - PROGRAM WIDE - SUPPORT. - 192 0605898N MANAGEMENT HQ-- 39,673 39,673 - R&D. - 193 0606355N WARFARE 28,750 28,750 - INNOVATION - MANAGEMENT. - 196 0305327N INSIDER THREAT. 2,645 2,645 - 197 0902498N MANAGEMENT 1,460 1,460 - HEADQUARTERS - (DEPARTMENTAL - SUPPORT - ACTIVITIES). - .............. SUBTOTAL 990,464 990,464 - MANAGEMENT - SUPPORT. - .............. - .............. OPERATIONAL - SYSTEMS - DEVELOPMENT - 202 0604227N HARPOON 2,302 2,302 - MODIFICATIONS. - 203 0604840M F-35 C2D2...... 422,881 422,881 - 204 0604840N F-35 C2D2...... 383,741 383,741 - 205 0607658N COOPERATIVE 127,924 127,924 - ENGAGEMENT - CAPABILITY - (CEC). - 207 0101221N STRATEGIC SUB & 157,676 157,676 - WEAPONS SYSTEM - SUPPORT. - 208 0101224N SSBN SECURITY 43,354 43,354 - TECHNOLOGY - PROGRAM. - 209 0101226N SUBMARINE 6,815 6,815 - ACOUSTIC - WARFARE - DEVELOPMENT. - 210 0101402N NAVY STRATEGIC 31,174 31,174 - COMMUNICATIONS. - 211 0204136N F/A-18 213,715 213,715 - SQUADRONS. - 213 0204228N SURFACE SUPPORT 36,389 36,389 - 214 0204229N TOMAHAWK AND 320,134 320,134 - TOMAHAWK - MISSION - PLANNING - CENTER (TMPC). - 215 0204311N INTEGRATED 88,382 103,382 - SURVEILLANCE - SYSTEM. - .............. Additional [15,000] - TRAPS units. - 216 0204313N SHIP-TOWED 14,449 14,449 - ARRAY - SURVEILLANCE - SYSTEMS. - 217 0204413N AMPHIBIOUS 6,931 6,931 - TACTICAL - SUPPORT UNITS - (DISPLACEMENT - CRAFT). - 218 0204460M GROUND/AIR TASK 23,891 23,891 - ORIENTED RADAR - (G/ATOR). - 219 0204571N CONSOLIDATED 129,873 129,873 - TRAINING - SYSTEMS - DEVELOPMENT. - 221 0204575N ELECTRONIC 82,325 82,325 - WARFARE (EW) - READINESS - SUPPORT. - 222 0205601N HARM 138,431 138,431 - IMPROVEMENT. - 224 0205620N SURFACE ASW 29,572 29,572 - COMBAT SYSTEM - INTEGRATION. - 225 0205632N MK-48 ADCAP.... 85,973 85,973 - 226 0205633N AVIATION 125,461 125,461 - IMPROVEMENTS. - 227 0205675N OPERATIONAL 106,192 106,192 - NUCLEAR POWER - SYSTEMS. - 228 0206313M MARINE CORPS 143,317 143,317 - COMMUNICATIONS - SYSTEMS. - 229 0206335M COMMON AVIATION 4,489 4,489 - COMMAND AND - CONTROL SYSTEM - (CAC2S). - 230 0206623M MARINE CORPS 51,788 51,788 - GROUND COMBAT/ - SUPPORTING - ARMS SYSTEMS. - 231 0206624M MARINE CORPS 37,761 42,761 - COMBAT - SERVICES - SUPPORT. - .............. Airborne [5,000] - Power - Generation - Tech - Development. - 232 0206625M USMC 21,458 21,458 - INTELLIGENCE/ - ELECTRONIC - WARFARE - SYSTEMS (MIP). - 233 0206629M AMPHIBIOUS 5,476 5,476 - ASSAULT - VEHICLE. - 234 0207161N TACTICAL AIM 19,488 19,488 - MISSILES. - 235 0207163N ADVANCED MEDIUM 39,029 39,029 - RANGE AIR-TO- - AIR MISSILE - (AMRAAM). - 239 0303109N SATELLITE 34,344 34,344 - COMMUNICATIONS - (SPACE). - 240 0303138N CONSOLIDATED 22,873 22,873 - AFLOAT NETWORK - ENTERPRISE - SERVICES - (CANES). - 241 0303140N INFORMATION 41,853 41,853 - SYSTEMS - SECURITY - PROGRAM. - 243 0305192N MILITARY 8,913 8,913 - INTELLIGENCE - PROGRAM (MIP) - ACTIVITIES. - 244 0305204N TACTICAL 9,451 9,451 - UNMANNED - AERIAL - VEHICLES. - 245 0305205N UAS INTEGRATION 42,315 42,315 - AND - INTEROPERABILI - TY. - 246 0305208M DISTRIBUTED 22,042 22,042 - COMMON GROUND/ - SURFACE - SYSTEMS. - 248 0305220N MQ-4C TRITON... 11,784 11,784 - 249 0305231N MQ-8 UAV....... 29,618 29,618 - 250 0305232M RQ-11 UAV...... 509 509 - 251 0305234N SMALL (LEVEL 0) 11,545 11,545 - TACTICAL UAS - (STUASL0). - 252 0305239M RQ-21A......... 10,914 10,914 - 253 0305241N MULTI- 70,612 70,612 - INTELLIGENCE - SENSOR - DEVELOPMENT. - 254 0305242M UNMANNED AERIAL 3,704 3,704 - SYSTEMS (UAS) - PAYLOADS (MIP). - 255 0305421N RQ-4 202,346 202,346 - MODERNIZATION. - 256 0308601N MODELING AND 7,119 7,119 - SIMULATION - SUPPORT. - 257 0702207N DEPOT 38,182 38,182 - MAINTENANCE - (NON-IF). - 258 0708730N MARITIME 6,779 6,779 - TECHNOLOGY - (MARITECH). - 259 1203109N SATELLITE 15,868 15,868 - COMMUNICATIONS - (SPACE). - 999 9999999999 CLASSIFIED 1,613,137 1,613,137 - PROGRAMS. - .............. SUBTOTAL 5,104,299 5,124,299 - OPERATIONAL - SYSTEMS - DEVELOPMENT. - .............. - .............. TOTAL RESEARCH, 20,270,499 20,061,759 - DEVELOPMENT, - TEST & EVAL, - NAVY. - .............. - .............. RESEARCH, - DEVELOPMENT, - TEST & EVAL, - AF - .............. BASIC RESEARCH - 1 0601102F DEFENSE 356,107 356,107 - RESEARCH - SCIENCES. - 2 0601103F UNIVERSITY 158,859 158,859 - RESEARCH - INITIATIVES. - 3 0601108F HIGH ENERGY 14,795 14,795 - LASER RESEARCH - INITIATIVES. - .............. SUBTOTAL BASIC 529,761 529,761 - RESEARCH. - .............. - .............. APPLIED - RESEARCH - 4 0602102F MATERIALS...... 128,851 122,851 - .............. Advanced [4,000] - materials - high energy - x-ray. - .............. Duplicative [-10,000] - material - research. - 5 0602201F AEROSPACE 147,724 137,724 - VEHICLE - TECHNOLOGIES. - .............. Reduce [-10,000] - program - growth. - 6 0602202F HUMAN 131,795 131,795 - EFFECTIVENESS - APPLIED - RESEARCH. - 7 0602203F AEROSPACE 198,775 198,775 - PROPULSION. - 8 0602204F AEROSPACE 202,912 202,912 - SENSORS. - 10 0602298F SCIENCE AND 7,968 7,968 - TECHNOLOGY - MANAGEMENT-- - MAJOR - HEADQUARTERS - ACTIVITIES. - 12 0602602F CONVENTIONAL 142,772 142,772 - MUNITIONS. - 13 0602605F DIRECTED ENERGY 124,379 124,379 - TECHNOLOGY. - 14 0602788F DOMINANT 181,562 199,062 - INFORMATION - SCIENCES AND - METHODS. - .............. Counter UAS [2,500] - cyber. - .............. Cyberspace [10,000] - dominance - technology - research. - .............. Quantum [5,000] - science. - 15 0602890F HIGH ENERGY 44,221 49,221 - LASER RESEARCH. - .............. High power [5,000] - microwave - research. - 16 1206601F SPACE 124,667 124,667 - TECHNOLOGY. - .............. SUBTOTAL 1,435,626 1,442,126 - APPLIED - RESEARCH. - .............. - .............. ADVANCED - TECHNOLOGY - DEVELOPMENT - 17 0603112F ADVANCED 36,586 38,586 - MATERIALS FOR - WEAPON SYSTEMS. - .............. Metals [2,000] - affordabili - ty research. - 18 0603199F SUSTAINMENT 16,249 16,249 - SCIENCE AND - TECHNOLOGY - (S&T). - 19 0603203F ADVANCED 38,292 38,292 - AEROSPACE - SENSORS. - 20 0603211F AEROSPACE 102,949 307,949 - TECHNOLOGY DEV/ - DEMO. - .............. Accelerate [75,000] - air - breathing - hypersonic - program. - .............. Active [5,000] - winglets - development. - .............. Advanced [25,000] - Personnel - Recovery. - .............. LCAAT...... [100,000] - 21 0603216F AEROSPACE 113,973 123,973 - PROPULSION AND - POWER - TECHNOLOGY. - .............. Advanced [10,000] - turbine - engine gas - generator. - 22 0603270F ELECTRONIC 48,408 38,408 - COMBAT - TECHNOLOGY. - .............. Duplicative [-10,000] - EW & PNT - research. - 23 0603401F ADVANCED 70,525 73,525 - SPACECRAFT - TECHNOLOGY. - .............. Strategic [3,000] - radiation - hardened - microelectr - onic - processors. - 24 0603444F MAUI SPACE 11,878 11,878 - SURVEILLANCE - SYSTEM (MSSS). - 25 0603456F HUMAN 37,542 37,542 - EFFECTIVENESS - ADVANCED - TECHNOLOGY - DEVELOPMENT. - 26 0603601F CONVENTIONAL 225,817 225,817 - WEAPONS - TECHNOLOGY. - 27 0603605F ADVANCED 37,404 37,404 - WEAPONS - TECHNOLOGY. - 28 0603680F MANUFACTURING 43,116 50,116 - TECHNOLOGY - PROGRAM. - .............. Advanced [7,000] - materials - and - materials - manufacturi - ng. - 29 0603788F BATTLESPACE 56,414 66,414 - KNOWLEDGE - DEVELOPMENT - AND - DEMONSTRATION. - .............. Cyber [10,000] - applied - research. - .............. SUBTOTAL 839,153 1,066,153 - ADVANCED - TECHNOLOGY - DEVELOPMENT. - .............. - .............. ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES - 31 0603260F INTELLIGENCE 5,672 5,672 - ADVANCED - DEVELOPMENT. - 32 0603742F COMBAT 27,085 27,085 - IDENTIFICATION - TECHNOLOGY. - 33 0603790F NATO RESEARCH 4,955 4,955 - AND - DEVELOPMENT. - 34 0603851F INTERCONTINENTA 44,109 44,109 - L BALLISTIC - MISSILE--DEM/ - VAL. - 36 0604002F AIR FORCE 772 772 - WEATHER - SERVICES - RESEARCH. - 37 0604004F ADVANCED ENGINE 878,442 878,442 - DEVELOPMENT. - 38 0604015F LONG RANGE 3,003,899 3,003,899 - STRIKE--BOMBER. - 39 0604032F DIRECTED ENERGY 10,000 10,000 - PROTOTYPING. - 40 0604033F HYPERSONICS 576,000 576,000 - PROTOTYPING. - 41 0604201F PNT RESILIENCY, 92,600 124,600 - MODS, AND - IMPROVEMENTS. - .............. UPL M-CODE [32,000] - acceleratio - n. - 42 0604257F ADVANCED 23,145 23,145 - TECHNOLOGY AND - SENSORS. - 43 0604288F NATIONAL 16,669 16,669 - AIRBORNE OPS - CENTER (NAOC) - RECAP. - 44 0604317F TECHNOLOGY 23,614 23,614 - TRANSFER. - 45 0604327F HARD AND DEEPLY 113,121 113,121 - BURIED TARGET - DEFEAT SYSTEM - (HDBTDS) - PROGRAM. - 46 0604414F CYBER 56,325 56,325 - RESILIENCY OF - WEAPON SYSTEMS- - ACS. - 47 0604776F DEPLOYMENT & 28,034 28,034 - DISTRIBUTION - ENTERPRISE R&D. - 48 0604858F TECH TRANSITION 128,476 134,476 - PROGRAM. - .............. Rapid [6,000] - repair. - 49 0605230F GROUND BASED 570,373 592,373 - STRATEGIC - DETERRENT. - .............. Program [22,000] - consolidati - on. - 50 0207100F LIGHT ATTACK 35,000 85,000 - ARMED - RECONNAISSANCE - (LAAR) - SQUADRONS. - .............. Light [50,000] - attack - experiment. - 51 0207110F NEXT GENERATION 1,000,000 1,000,000 - AIR DOMINANCE. - 52 0207455F THREE 37,290 37,290 - DIMENSIONAL - LONG-RANGE - RADAR (3DELRR). - 53 0208099F UNIFIED 10,000 10,000 - PLATFORM (UP). - 54 0305236F COMMON DATA 36,910 36,910 - LINK EXECUTIVE - AGENT (CDL EA). - 55 0305251F CYBERSPACE 35,000 35,000 - OPERATIONS - FORCES AND - FORCE SUPPORT. - 56 0305601F MISSION PARTNER 8,550 8,550 - ENVIRONMENTS. - 57 0306250F CYBER 198,864 240,064 - OPERATIONS - TECHNOLOGY - DEVELOPMENT. - .............. Accelerate [13,600] - development - of Cyber - National - Mission - Force - capabilitie - s. - .............. ETERNALDARK [7,100] - NESS. - .............. Joint [20,500] - Common - Access - Platform. - 58 0306415F ENABLED CYBER 16,632 16,632 - ACTIVITIES. - 60 0901410F CONTRACTING 20,830 20,830 - INFORMATION - TECHNOLOGY - SYSTEM. - 61 1203164F NAVSTAR GLOBAL 329,948 329,948 - POSITIONING - SYSTEM (USER - EQUIPMENT) - (SPACE). - 62 1203710F EO/IR WEATHER 101,222 101,222 - SYSTEMS. - 63 1206422F WEATHER SYSTEM 225,660 225,660 - FOLLOW-ON. - 64 1206425F SPACE SITUATION 29,776 29,776 - AWARENESS - SYSTEMS. - 65 1206427F SPACE SYSTEMS 142,045 142,045 - PROTOTYPE - TRANSITIONS - (SSPT). - 67 1206438F SPACE CONTROL 64,231 64,231 - TECHNOLOGY. - 68 1206730F SPACE SECURITY 56,385 56,385 - AND DEFENSE - PROGRAM. - 69 1206760F PROTECTED 105,003 95,003 - TACTICAL - ENTERPRISE - SERVICE (PTES). - .............. Unjustified [-10,000] - growth. - 70 1206761F PROTECTED 173,694 163,694 - TACTICAL - SERVICE (PTS). - .............. Unjustified [-10,000] - growth. - 71 1206855F EVOLVED 172,206 172,206 - STRATEGIC - SATCOM (ESS). - 72 1206857F SPACE RAPID 33,742 33,742 - CAPABILITIES - OFFICE. - .............. SUBTOTAL 8,436,279 8,567,479 - ADVANCED - COMPONENT - DEVELOPMENT & - PROTOTYPES. - .............. - .............. SYSTEM - DEVELOPMENT & - DEMONSTRATION - 73 0604200F FUTURE ADVANCED 246,200 97,120 - WEAPON - ANALYSIS & - PROGRAMS. - .............. ERWn [-149,080] - contract - delay. - 74 0604201F PNT RESILIENCY, 67,782 148,782 - MODS, AND - IMPROVEMENTS. - .............. UPL M-Code [81,000] - Acceleratio - n. - 75 0604222F NUCLEAR WEAPONS 4,406 4,406 - SUPPORT. - 76 0604270F ELECTRONIC 2,066 2,066 - WARFARE - DEVELOPMENT. - 77 0604281F TACTICAL DATA 229,631 229,631 - NETWORKS - ENTERPRISE. - 78 0604287F PHYSICAL 9,700 9,700 - SECURITY - EQUIPMENT. - 79 0604329F SMALL DIAMETER 31,241 31,241 - BOMB (SDB)-- - EMD. - 80 0604429F AIRBORNE 2 2 - ELECTRONIC - ATTACK. - 81 0604602F ARMAMENT/ 28,043 28,043 - ORDNANCE - DEVELOPMENT. - 82 0604604F SUBMUNITIONS... 3,045 3,045 - 83 0604617F AGILE COMBAT 19,944 19,944 - SUPPORT. - 84 0604706F LIFE SUPPORT 8,624 8,624 - SYSTEMS. - 85 0604735F COMBAT TRAINING 37,365 37,365 - RANGES. - 86 0604800F F-35--EMD...... 7,628 7,628 - 87 0604932F LONG RANGE 712,539 712,539 - STANDOFF - WEAPON. - 88 0604933F ICBM FUZE 161,199 161,199 - MODERNIZATION. - 89 0605030F JOINT TACTICAL 2,414 2,414 - NETWORK CENTER - (JTNC). - 91 0605056F OPEN 30,000 30,000 - ARCHITECTURE - MANAGEMENT. - 93 0605221F KC-46.......... 59,561 59,561 - 94 0605223F ADVANCED PILOT 348,473 348,473 - TRAINING. - 95 0605229F COMBAT RESCUE 247,047 247,047 - HELICOPTER. - 98 0605931F B-2 DEFENSIVE 294,400 294,400 - MANAGEMENT - SYSTEM. - 99 0101125F NUCLEAR WEAPONS 27,564 27,564 - MODERNIZATION. - 100 0101213F MINUTEMAN 1 1 - SQUADRONS. - 101 0207171F F-15 EPAWSS.... 47,322 47,322 - 102 0207328F STAND IN ATTACK 162,840 162,840 - WEAPON. - 103 0207701F FULL COMBAT 9,797 9,797 - MISSION - TRAINING. - 106 0401310F C-32 EXECUTIVE 9,930 9,930 - TRANSPORT - RECAPITALIZATI - ON. - 107 0401319F VC-25B......... 757,923 757,923 - 108 0701212F AUTOMATED TEST 2,787 2,787 - SYSTEMS. - 109 1203176F COMBAT SURVIVOR 2,000 2,000 - EVADER LOCATOR. - 110 1203269F GPS III FOLLOW- 462,875 462,875 - ON (GPS IIIF). - 111 1203940F SPACE SITUATION 76,829 76,829 - AWARENESS - OPERATIONS. - 112 1206421F COUNTERSPACE 29,037 29,037 - SYSTEMS. - 113 1206422F WEATHER SYSTEM 2,237 2,237 - FOLLOW-ON. - 114 1206425F SPACE SITUATION 412,894 412,894 - AWARENESS - SYSTEMS. - 115 1206426F SPACE FENCE.... 0 20,000 - .............. Space Fence [20,000] - 116 1206431F ADVANCED EHF 117,290 117,290 - MILSATCOM - (SPACE). - 117 1206432F POLAR MILSATCOM 427,400 427,400 - (SPACE). - 118 1206433F WIDEBAND GLOBAL 1,920 1,920 - SATCOM (SPACE). - 119 1206441F SPACE BASED 1 1 - INFRARED - SYSTEM (SBIRS) - HIGH EMD. - 120 1206442F NEXT GENERATION 1,395,278 1,395,278 - OPIR. - 122 1206853F NATIONAL 432,009 432,009 - SECURITY SPACE - LAUNCH PROGRAM - (SPACE)--EMD. - .............. SUBTOTAL SYSTEM 6,929,244 6,881,164 - DEVELOPMENT & - DEMONSTRATION. - .............. - .............. MANAGEMENT - SUPPORT - 123 0604256F THREAT 59,693 59,693 - SIMULATOR - DEVELOPMENT. - 124 0604759F MAJOR T&E 181,663 232,663 - INVESTMENT. - .............. UPL M-Code [36,000] - Acceleratio - n. - .............. Utah [15,000] - training - range - instrumenta - tion. - 125 0605101F RAND PROJECT 35,258 35,258 - AIR FORCE. - 127 0605712F INITIAL 13,793 13,793 - OPERATIONAL - TEST & - EVALUATION. - 128 0605807F TEST AND 717,895 771,895 - EVALUATION - SUPPORT. - .............. Acelerate [5,000] - prototype - program. - .............. Facilitates [49,000] - 5G test and - evaluation. - 129 0605826F ACQ WORKFORCE- 258,667 258,667 - GLOBAL POWER. - 130 0605827F ACQ WORKFORCE- 251,992 251,992 - GLOBAL VIG & - COMBAT SYS. - 131 0605828F ACQ WORKFORCE- 149,191 149,191 - GLOBAL REACH. - 132 0605829F ACQ WORKFORCE- 235,360 235,360 - CYBER, - NETWORK, & BUS - SYS. - 133 0605830F ACQ WORKFORCE- 160,196 160,196 - GLOBAL BATTLE - MGMT. - 134 0605831F ACQ WORKFORCE- 220,255 220,255 - CAPABILITY - INTEGRATION. - 135 0605832F ACQ WORKFORCE- 42,392 42,392 - ADVANCED PRGM - TECHNOLOGY. - 136 0605833F ACQ WORKFORCE- 133,231 133,231 - NUCLEAR - SYSTEMS. - 137 0605898F MANAGEMENT HQ-- 5,590 5,590 - R&D. - 138 0605976F FACILITIES 88,445 88,445 - RESTORATION - AND - MODERNIZATION- - -TEST AND - EVALUATION - SUPPORT. - 139 0605978F FACILITIES 29,424 29,424 - SUSTAINMENT--T - EST AND - EVALUATION - SUPPORT. - 140 0606017F REQUIREMENTS 62,715 62,715 - ANALYSIS AND - MATURATION. - 141 0606398F MANAGEMENT HQ-- 5,013 5,013 - T&E. - 142 0308602F ENTEPRISE 17,128 17,128 - INFORMATION - SERVICES (EIS). - 143 0702806F ACQUISITION AND 5,913 5,913 - MANAGEMENT - SUPPORT. - 144 0804731F GENERAL SKILL 1,475 1,475 - TRAINING. - 146 1001004F INTERNATIONAL 4,071 4,071 - ACTIVITIES. - 147 1206116F SPACE TEST AND 19,942 19,942 - TRAINING RANGE - DEVELOPMENT. - 148 1206392F SPACE AND 167,810 167,810 - MISSILE CENTER - (SMC) CIVILIAN - WORKFORCE. - 149 1206398F SPACE & MISSILE 10,170 10,170 - SYSTEMS - CENTER--MHA. - 150 1206860F ROCKET SYSTEMS 13,192 13,192 - LAUNCH PROGRAM - (SPACE). - 151 1206864F SPACE TEST 26,097 26,097 - PROGRAM (STP). - .............. SUBTOTAL 2,916,571 3,021,571 - MANAGEMENT - SUPPORT. - .............. - .............. OPERATIONAL - SYSTEMS - DEVELOPMENT - 152 0604003F ADVANCED BATTLE 35,611 84,611 - MANAGEMENT - SYSTEM (ABMS). - .............. Accelerates [49,000] - 5G military - use. - 154 0604233F SPECIALIZED 2,584 2,584 - UNDERGRADUATE - FLIGHT - TRAINING. - 156 0604776F DEPLOYMENT & 903 903 - DISTRIBUTION - ENTERPRISE R&D. - 157 0604840F F-35 C2D2...... 694,455 694,455 - 158 0605018F AF INTEGRATED 40,567 0 - PERSONNEL AND - PAY SYSTEM (AF- - IPPS). - .............. Poor agile [-40,567] - development. - 159 0605024F ANTI-TAMPER 47,193 47,193 - TECHNOLOGY - EXECUTIVE - AGENCY. - 160 0605117F FOREIGN 70,083 70,083 - MATERIEL - ACQUISITION - AND - EXPLOITATION. - 161 0605278F HC/MC-130 RECAP 17,218 4,818 - RDT&E. - .............. program [-12,400] - delay. - 162 0606018F NC3 INTEGRATION 25,917 25,917 - 164 0101113F B-52 SQUADRONS. 325,974 325,974 - 165 0101122F AIR-LAUNCHED 10,217 10,217 - CRUISE MISSILE - (ALCM). - 166 0101126F B-1B SQUADRONS. 1,000 1,000 - 167 0101127F B-2 SQUADRONS.. 97,276 97,276 - 168 0101213F MINUTEMAN 128,961 106,961 - SQUADRONS. - .............. Program [-22,000] - consolidati - on. - 170 0101316F WORLDWIDE JOINT 18,177 18,177 - STRATEGIC - COMMUNICATIONS. - 171 0101324F INTEGRATED 24,261 24,261 - STRATEGIC - PLANNING & - ANALYSIS - NETWORK. - 172 0101328F ICBM REENTRY 75,571 75,571 - VEHICLES. - 174 0102110F UH-1N 170,975 170,975 - REPLACEMENT - PROGRAM. - 176 0205219F MQ-9 UAV....... 154,996 154,996 - 178 0207131F A-10 SQUADRONS. 36,816 36,816 - 179 0207133F F-16 SQUADRONS. 193,013 193,013 - 180 0207134F F-15E SQUADRONS 336,079 336,079 - 181 0207136F MANNED 15,521 15,521 - DESTRUCTIVE - SUPPRESSION. - 182 0207138F F-22A SQUADRONS 496,298 496,298 - 183 0207142F F-35 SQUADRONS. 99,943 99,943 - 184 0207161F TACTICAL AIM 10,314 10,314 - MISSILES. - 185 0207163F ADVANCED MEDIUM 55,384 55,384 - RANGE AIR-TO- - AIR MISSILE - (AMRAAM). - 186 0207227F COMBAT RESCUE-- 281 281 - PARARESCUE. - 187 0207247F AF TENCAP...... 21,365 21,365 - 188 0207249F PRECISION 10,696 10,696 - ATTACK SYSTEMS - PROCUREMENT. - 189 0207253F COMPASS CALL... 15,888 15,888 - 190 0207268F AIRCRAFT ENGINE 112,505 112,505 - COMPONENT - IMPROVEMENT - PROGRAM. - 191 0207325F JOINT AIR-TO- 78,498 78,498 - SURFACE - STANDOFF - MISSILE - (JASSM). - 192 0207410F AIR & SPACE 114,864 114,864 - OPERATIONS - CENTER (AOC). - 193 0207412F CONTROL AND 8,109 8,109 - REPORTING - CENTER (CRC). - 194 0207417F AIRBORNE 67,996 67,996 - WARNING AND - CONTROL SYSTEM - (AWACS). - 195 0207418F TACTICAL 2,462 2,462 - AIRBORNE - CONTROL - SYSTEMS. - 197 0207431F COMBAT AIR 13,668 13,668 - INTELLIGENCE - SYSTEM - ACTIVITIES. - 198 0207444F TACTICAL AIR 6,217 6,217 - CONTROL PARTY- - MOD. - 200 0207452F DCAPES......... 19,910 19,910 - 201 0207573F NATIONAL 1,788 1,788 - TECHNICAL - NUCLEAR - FORENSICS. - 202 0207590F SEEK EAGLE..... 28,237 28,237 - 203 0207601F USAF MODELING 15,725 15,725 - AND SIMULATION. - 204 0207605F WARGAMING AND 4,316 4,316 - SIMULATION - CENTERS. - 205 0207610F BATTLEFIELD ABN 26,946 26,946 - COMM NODE - (BACN). - 206 0207697F DISTRIBUTED 4,303 4,303 - TRAINING AND - EXERCISES. - 207 0208006F MISSION 71,465 71,465 - PLANNING - SYSTEMS. - 208 0208007F TACTICAL 7,446 7,446 - DECEPTION. - 209 0208064F OPERATIONAL HQ-- 7,602 7,602 - CYBER. - 210 0208087F DISTRIBUTED 35,178 35,178 - CYBER WARFARE - OPERATIONS. - 211 0208088F AF DEFENSIVE 16,609 16,609 - CYBERSPACE - OPERATIONS. - 212 0208097F JOINT CYBER 11,603 11,603 - COMMAND AND - CONTROL (JCC2). - 213 0208099F UNIFIED 84,702 84,702 - PLATFORM (UP). - 218 0301004F ADVANCED DATA 0 21,000 - TRANSPORT - FLIGHT TEST. - .............. Accelerate [21,000] - prototype - test of 5G. - 219 0301025F GEOBASE........ 2,723 2,723 - 220 0301112F NUCLEAR 44,190 44,190 - PLANNING AND - EXECUTION - SYSTEM (NPES). - 226 0301401F AIR FORCE SPACE 3,575 3,575 - AND CYBER NON- - TRADITIONAL - ISR FOR - BATTLESPACE - AWARENESS. - 227 0302015F E-4B NATIONAL 70,173 70,173 - AIRBORNE - OPERATIONS - CENTER (NAOC). - 228 0303131F MINIMUM 13,543 13,543 - ESSENTIAL - EMERGENCY - COMMUNICATIONS - NETWORK - (MEECN). - 229 0303133F HIGH FREQUENCY 15,881 15,881 - RADIO SYSTEMS. - 230 0303140F INFORMATION 27,726 27,726 - SYSTEMS - SECURITY - PROGRAM. - 232 0303142F GLOBAL FORCE 2,210 2,210 - MANAGEMENT--DA - TA INITIATIVE. - 234 0304115F MULTI DOMAIN 150,880 150,880 - COMMAND AND - CONTROL (MDC2). - 235 0304260F AIRBORNE SIGINT 102,667 102,667 - ENTERPRISE. - 236 0304310F COMMERCIAL 3,431 3,431 - ECONOMIC - ANALYSIS. - 239 0305015F C2 AIR 9,313 9,313 - OPERATIONS - SUITE--C2 INFO - SERVICES. - 240 0305020F CCMD 1,121 1,121 - INTELLIGENCE - INFORMATION - TECHNOLOGY. - 241 0305022F ISR 19,000 0 - MODERNIZATION - & AUTOMATION - DVMT (IMAD). - .............. Not mature [-19,000] - plan. - 242 0305099F GLOBAL AIR 4,544 4,544 - TRAFFIC - MANAGEMENT - (GATM). - 243 0305111F WEATHER SERVICE 25,461 25,461 - 244 0305114F AIR TRAFFIC 5,651 5,651 - CONTROL, - APPROACH, AND - LANDING SYSTEM - (ATCALS). - 245 0305116F AERIAL TARGETS. 7,448 7,448 - 248 0305128F SECURITY AND 425 425 - INVESTIGATIVE - ACTIVITIES. - 249 0305145F ARMS CONTROL 54,546 54,546 - IMPLEMENTATION. - 250 0305146F DEFENSE JOINT 6,858 6,858 - COUNTERINTELLI - GENCE - ACTIVITIES. - 252 0305179F INTEGRATED 8,728 8,728 - BROADCAST - SERVICE (IBS). - 253 0305202F DRAGON U-2..... 38,939 38,939 - 255 0305206F AIRBORNE 122,909 122,909 - RECONNAISSANCE - SYSTEMS. - 256 0305207F MANNED 11,787 11,787 - RECONNAISSANCE - SYSTEMS. - 257 0305208F DISTRIBUTED 25,009 25,009 - COMMON GROUND/ - SURFACE - SYSTEMS. - 258 0305220F RQ-4 UAV....... 191,733 191,733 - 259 0305221F NETWORK-CENTRIC 10,757 10,757 - COLLABORATIVE - TARGETING. - 260 0305238F NATO AGS....... 32,567 32,567 - 261 0305240F SUPPORT TO DCGS 37,774 37,774 - ENTERPRISE. - 262 0305600F INTERNATIONAL 13,515 13,515 - INTELLIGENCE - TECHNOLOGY AND - ARCHITECTURES. - 263 0305881F RAPID CYBER 4,383 4,383 - ACQUISITION. - 264 0305984F PERSONNEL 2,133 2,133 - RECOVERY - COMMAND & CTRL - (PRC2). - 265 0307577F INTELLIGENCE 8,614 8,614 - MISSION DATA - (IMD). - 266 0401115F C-130 AIRLIFT 140,425 140,425 - SQUADRON. - 267 0401119F C-5 AIRLIFT 10,223 10,223 - SQUADRONS (IF). - 268 0401130F C-17 AIRCRAFT 25,101 25,101 - (IF). - 269 0401132F C-130J PROGRAM. 8,640 8,640 - 270 0401134F LARGE AIRCRAFT 5,424 5,424 - IR - COUNTERMEASURE - S (LAIRCM). - 272 0401219F KC-10S......... 20 20 - 274 0401318F CV-22.......... 17,906 17,906 - 276 0408011F SPECIAL TACTICS 3,629 3,629 - / COMBAT - CONTROL. - 277 0702207F DEPOT 1,890 1,890 - MAINTENANCE - (NON-IF). - 278 0708055F MAINTENANCE, 10,311 10,311 - REPAIR & - OVERHAUL - SYSTEM. - 279 0708610F LOGISTICS 16,065 16,065 - INFORMATION - TECHNOLOGY - (LOGIT). - 280 0708611F SUPPORT SYSTEMS 539 539 - DEVELOPMENT. - 281 0804743F OTHER FLIGHT 2,057 2,057 - TRAINING. - 282 0808716F OTHER PERSONNEL 10 10 - ACTIVITIES. - 283 0901202F JOINT PERSONNEL 2,060 2,060 - RECOVERY - AGENCY. - 284 0901218F CIVILIAN 3,809 3,809 - COMPENSATION - PROGRAM. - 285 0901220F PERSONNEL 6,476 6,476 - ADMINISTRATION. - 286 0901226F AIR FORCE 1,443 1,443 - STUDIES AND - ANALYSIS - AGENCY. - 287 0901538F FINANCIAL 9,323 9,323 - MANAGEMENT - INFORMATION - SYSTEMS - DEVELOPMENT. - 288 0901554F DEFENSE 46,789 46,789 - ENTERPRISE - ACNTNG AND MGT - SYS (DEAMS). - 289 1201017F GLOBAL SENSOR 3,647 3,647 - INTEGRATED ON - NETWORK (GSIN). - 290 1201921F SERVICE SUPPORT 988 988 - TO STRATCOM-- - SPACE - ACTIVITIES. - 291 1202140F SERVICE SUPPORT 11,863 11,863 - TO SPACECOM - ACTIVITIES. - 293 1203001F FAMILY OF 197,388 197,388 - ADVANCED BLOS - TERMINALS (FAB- - T). - 294 1203110F SATELLITE 61,891 61,891 - CONTROL - NETWORK - (SPACE). - 297 1203173F SPACE AND 4,566 4,566 - MISSILE TEST - AND EVALUATION - CENTER. - 298 1203174F SPACE 43,292 43,292 - INNOVATION, - INTEGRATION - AND RAPID - TECHNOLOGY - DEVELOPMENT. - 300 1203182F SPACELIFT RANGE 10,837 10,837 - SYSTEM (SPACE). - 301 1203265F GPS III SPACE 42,440 42,440 - SEGMENT. - 302 1203400F SPACE 14,428 14,428 - SUPERIORITY - INTELLIGENCE. - 303 1203614F JSPOC MISSION 72,762 72,762 - SYSTEM. - 304 1203620F NATIONAL SPACE 2,653 2,653 - DEFENSE CENTER. - 306 1203873F BALLISTIC 15,881 15,881 - MISSILE - DEFENSE RADARS. - 308 1203913F NUDET DETECTION 49,300 49,300 - SYSTEM (SPACE). - 309 1203940F SPACE SITUATION 17,834 17,834 - AWARENESS - OPERATIONS. - 310 1206423F GLOBAL 445,302 445,302 - POSITIONING - SYSTEM III-- - OPERATIONAL - CONTROL - SEGMENT. - 311 1206770F ENTERPRISE 138,870 138,870 - GROUND - SERVICES. - 999 9999999999 CLASSIFIED 18,029,506 18,351,506 - PROGRAMS. - .............. Transfer [322,000] - back to - base - funding. - .............. SUBTOTAL 24,529,488 24,827,521 - OPERATIONAL - SYSTEMS - DEVELOPMENT. - .............. - .............. TOTAL RESEARCH, 45,616,122 46,335,775 - DEVELOPMENT, - TEST & EVAL, - AF. - .............. - .............. RESEARCH, - DEVELOPMENT, - TEST & EVAL, - DW - .............. BASIC RESEARCH - 1 0601000BR DTRA BASIC 26,000 26,000 - RESEARCH. - 2 0601101E DEFENSE 432,284 432,284 - RESEARCH - SCIENCES. - 3 0601110D8Z BASIC RESEARCH 48,874 58,874 - INITIATIVES. - .............. DEPSCOR.... [10,000] - 4 0601117E BASIC 54,122 54,122 - OPERATIONAL - MEDICAL - RESEARCH - SCIENCE. - 5 0601120D8Z NATIONAL 92,074 102,074 - DEFENSE - EDUCATION - PROGRAM. - .............. Submarine [10,000] - industrial - base - workforce - training - and - education. - 6 0601228D8Z HISTORICALLY 30,708 32,708 - BLACK COLLEGES - AND - UNIVERSITIES/ - MINORITY - INSTITUTIONS. - .............. Aerospace [2,000] - research - and - education. - 7 0601384BP CHEMICAL AND 45,238 45,238 - BIOLOGICAL - DEFENSE - PROGRAM. - .............. SUBTOTAL BASIC 729,300 751,300 - RESEARCH. - .............. - .............. APPLIED - RESEARCH - 8 0602000D8Z JOINT MUNITIONS 19,306 19,306 - TECHNOLOGY. - 9 0602115E BIOMEDICAL 97,771 97,771 - TECHNOLOGY. - 11 0602234D8Z LINCOLN 52,317 52,317 - LABORATORY - RESEARCH - PROGRAM. - 12 0602251D8Z APPLIED 62,200 64,200 - RESEARCH FOR - THE - ADVANCEMENT OF - S&T PRIORITIES. - .............. Computer [2,000] - modeling of - PFAS. - 13 0602303E INFORMATION & 442,556 442,556 - COMMUNICATIONS - TECHNOLOGY. - 14 0602383E BIOLOGICAL 34,588 34,588 - WARFARE - DEFENSE. - 15 0602384BP CHEMICAL AND 202,587 202,587 - BIOLOGICAL - DEFENSE - PROGRAM. - 16 0602668D8Z CYBER SECURITY 15,118 25,118 - RESEARCH. - .............. Academic [10,000] - cyber - institutes. - 17 0602702E TACTICAL 337,602 337,602 - TECHNOLOGY. - 18 0602715E MATERIALS AND 223,976 223,976 - BIOLOGICAL - TECHNOLOGY. - 19 0602716E ELECTRONICS 332,192 332,192 - TECHNOLOGY. - 20 0602718BR COUNTER WEAPONS 179,096 179,096 - OF MASS - DESTRUCTION - APPLIED - RESEARCH. - 21 0602751D8Z SOFTWARE 9,580 9,580 - ENGINEERING - INSTITUTE - (SEI) APPLIED - RESEARCH. - 22 1160401BB SOF TECHNOLOGY 40,569 40,569 - DEVELOPMENT. - .............. SUBTOTAL 2,049,458 2,061,458 - APPLIED - RESEARCH. - .............. - .............. ADVANCED - TECHNOLOGY - DEVELOPMENT - 23 0603000D8Z JOINT MUNITIONS 25,779 25,779 - ADVANCED - TECHNOLOGY. - 24 0603121D8Z SO/LIC ADVANCED 5,000 5,000 - DEVELOPMENT. - 25 0603122D8Z COMBATING 70,517 70,517 - TERRORISM - TECHNOLOGY - SUPPORT. - 26 0603133D8Z FOREIGN 24,970 24,970 - COMPARATIVE - TESTING. - 28 0603160BR COUNTER WEAPONS 340,065 340,065 - OF MASS - DESTRUCTION - ADVANCED - TECHNOLOGY - DEVELOPMENT. - 29 0603176C ADVANCED 14,208 14,208 - CONCEPTS AND - PERFORMANCE - ASSESSMENT. - 30 0603178C WEAPONS 10,000 10,000 - TECHNOLOGY. - 31 0603180C ADVANCED 20,674 20,674 - RESEARCH. - 32 0603225D8Z JOINT DOD-DOE 18,773 18,773 - MUNITIONS - TECHNOLOGY - DEVELOPMENT. - 33 0603286E ADVANCED 279,741 279,741 - AEROSPACE - SYSTEMS. - 34 0603287E SPACE PROGRAMS 202,606 202,606 - AND TECHNOLOGY. - 35 0603288D8Z ANALYTIC 19,429 19,429 - ASSESSMENTS. - 36 0603289D8Z ADVANCED 37,645 37,645 - INNOVATIVE - ANALYSIS AND - CONCEPTS. - 37 0603291D8Z ADVANCED 14,668 14,668 - INNOVATIVE - ANALYSIS AND - CONCEPTS--MHA. - 38 0603294C COMMON KILL 13,600 13,600 - VEHICLE - TECHNOLOGY. - 40 0603342D8Z DEFENSE 29,398 36,898 - INNOVATION - UNIT (DIU). - .............. Accelerate [7,500] - Artificial - Intelligenc - e solutions. - 41 0603375D8Z TECHNOLOGY 60,000 60,000 - INNOVATION. - 42 0603384BP CHEMICAL AND 172,486 172,486 - BIOLOGICAL - DEFENSE - PROGRAM--ADVAN - CED - DEVELOPMENT. - 43 0603527D8Z RETRACT LARCH.. 159,688 159,688 - 44 0603618D8Z JOINT 12,063 12,063 - ELECTRONIC - ADVANCED - TECHNOLOGY. - 45 0603648D8Z JOINT 107,359 89,859 - CAPABILITY - TECHNOLOGY - DEMONSTRATIONS. - .............. Program [-17,500] - reduction. - 46 0603662D8Z NETWORKED 2,858 2,858 - COMMUNICATIONS - CAPABILITIES. - 47 0603680D8Z DEFENSE-WIDE 96,397 96,397 - MANUFACTURING - SCIENCE AND - TECHNOLOGY - PROGRAM. - 48 0603680S MANUFACTURING 42,834 42,834 - TECHNOLOGY - PROGRAM. - 49 0603699D8Z EMERGING 80,911 70,911 - CAPABILITIES - TECHNOLOGY - DEVELOPMENT. - .............. Program [-10,000] - reduction. - 50 0603712S GENERIC 10,817 10,817 - LOGISTICS R&D - TECHNOLOGY - DEMONSTRATIONS. - 51 0603716D8Z STRATEGIC 66,157 76,157 - ENVIRONMENTAL - RESEARCH - PROGRAM. - .............. SERDP...... [10,000] - 52 0603720S MICROELECTRONIC 171,771 171,771 - S TECHNOLOGY - DEVELOPMENT - AND SUPPORT. - 53 0603727D8Z JOINT 4,846 4,846 - WARFIGHTING - PROGRAM. - 54 0603739E ADVANCED 128,616 128,616 - ELECTRONICS - TECHNOLOGIES. - 55 0603760E COMMAND, 232,134 232,134 - CONTROL AND - COMMUNICATIONS - SYSTEMS. - 56 0603766E NETWORK-CENTRIC 512,424 512,424 - WARFARE - TECHNOLOGY. - 57 0603767E SENSOR 163,903 163,903 - TECHNOLOGY. - 58 0603769D8Z DISTRIBUTED 13,723 13,723 - LEARNING - ADVANCED - TECHNOLOGY - DEVELOPMENT. - 59 0603781D8Z SOFTWARE 15,111 15,111 - ENGINEERING - INSTITUTE. - 60 0603826D8Z QUICK REACTION 47,147 47,147 - SPECIAL - PROJECTS. - 61 0603833D8Z ENGINEERING 19,376 19,376 - SCIENCE & - TECHNOLOGY. - 62 0603924D8Z HIGH ENERGY 85,223 85,223 - LASER ADVANCED - TECHNOLOGY - PROGRAM. - 63 0603941D8Z TEST & 175,574 185,574 - EVALUATION - SCIENCE & - TECHNOLOGY. - .............. Program [10,000] - increase to - support NDS - technologie - s. - 64 0603950D8Z NATIONAL 25,000 25,000 - SECURITY - INNOVATION - NETWORK. - 65 0604055D8Z OPERATIONAL 70,536 70,536 - ENERGY - CAPABILITY - IMPROVEMENT. - 66 0303310D8Z CWMD SYSTEMS... 28,907 28,907 - 68 1160402BB SOF ADVANCED 89,154 89,154 - TECHNOLOGY - DEVELOPMENT. - 69 1206310SDA SPACE SCIENCE 20,000 20,000 - AND TECHNOLOGY - RESEARCH AND - DEVELOPMENT. - .............. SUBTOTAL 3,742,088 3,742,088 - ADVANCED - TECHNOLOGY - DEVELOPMENT. - .............. - .............. ADVANCED - COMPONENT - DEVELOPMENT - AND PROTOTYPES - 70 0603161D8Z NUCLEAR AND 42,695 42,695 - CONVENTIONAL - PHYSICAL - SECURITY - EQUIPMENT - RDT&E ADC&P. - 71 0603600D8Z WALKOFF........ 92,791 92,791 - 72 0603821D8Z ACQUISITION 5,659 5,659 - ENTERPRISE - DATA & - INFORMATION - SERVICES. - 73 0603851D8Z ENVIRONMENTAL 66,572 76,572 - SECURITY - TECHNICAL - CERTIFICATION - PROGRAM. - .............. ESTCP...... [10,000] - 74 0603881C BALLISTIC 302,761 302,761 - MISSILE - DEFENSE - TERMINAL - DEFENSE - SEGMENT. - 75 0603882C BALLISTIC 1,156,506 1,156,506 - MISSILE - DEFENSE - MIDCOURSE - DEFENSE - SEGMENT. - 76 0603884BP CHEMICAL AND 83,662 83,662 - BIOLOGICAL - DEFENSE - PROGRAM--DEM/ - VAL. - 77 0603884C BALLISTIC 283,487 283,487 - MISSILE - DEFENSE - SENSORS. - 78 0603890C BMD ENABLING 571,507 571,507 - PROGRAMS. - 79 0603891C SPECIAL 377,098 502,098 - PROGRAMS--MDA. - .............. Classified. [125,000] - 80 0603892C AEGIS BMD...... 727,479 727,479 - 81 0603896C BALLISTIC 564,206 564,206 - MISSILE - DEFENSE - COMMAND AND - CONTROL, - BATTLE - MANAGEMENT AND - COMMUNICATI. - 82 0603898C BALLISTIC 51,532 51,532 - MISSILE - DEFENSE JOINT - WARFIGHTER - SUPPORT. - 83 0603904C MISSILE DEFENSE 56,161 56,161 - INTEGRATION & - OPERATIONS - CENTER (MDIOC). - 84 0603906C REGARDING 22,424 22,424 - TRENCH. - 85 0603907C SEA BASED X- 128,156 128,156 - BAND RADAR - (SBX). - 86 0603913C ISRAELI 300,000 300,000 - COOPERATIVE - PROGRAMS. - 87 0603914C BALLISTIC 395,924 395,924 - MISSILE - DEFENSE TEST. - 88 0603915C BALLISTIC 554,171 554,171 - MISSILE - DEFENSE - TARGETS. - 89 0603920D8Z HUMANITARIAN 10,820 10,820 - DEMINING. - 90 0603923D8Z COALITION 11,316 11,316 - WARFARE. - 91 0604016D8Z DEPARTMENT OF 3,365 3,365 - DEFENSE - CORROSION - PROGRAM. - 92 0604115C TECHNOLOGY 303,458 269,458 - MATURATION - INITIATIVES. - .............. Neutral [-34,000] - particle - beam. - 93 0604132D8Z MISSILE DEFEAT 17,816 17,816 - PROJECT. - 95 0604181C HYPERSONIC 157,425 157,425 - DEFENSE. - 96 0604250D8Z ADVANCED 1,312,735 1,343,735 - INNOVATIVE - TECHNOLOGIES. - .............. Hyperveloci [81,000] - ty Gun - Weapon - System. - .............. Unjustified [-50,000] - growth to - SCO. - 97 0604294D8Z TRUSTED & 542,421 547,421 - ASSURED - MICROELECTRONI - CS. - .............. Trusted and [5,000] - assured - microelectr - onics - research. - 98 0604331D8Z RAPID 100,957 50,957 - PROTOTYPING - PROGRAM. - .............. Uncoordinat [-50,000] - ed - prototyping - efforts. - 99 0604341D8Z DEFENSE 92,000 92,000 - INNOVATION - UNIT (DIU) - PROTOTYPING. - 100 0604400D8Z DEPARTMENT OF 3,021 3,021 - DEFENSE (DOD) - UNMANNED - SYSTEM COMMON - DEVELOPMENT. - 102 0604672C HOMELAND 274,714 274,714 - DEFENSE RADAR-- - HAWAII (HDR-H). - 103 0604673C PACIFIC 6,711 6,711 - DISCRIMINATING - RADAR. - 104 0604682D8Z WARGAMING AND 3,751 3,751 - SUPPORT FOR - STRATEGIC - ANALYSIS (SSA). - 105 0604775BR DEFENSE RAPID 14,021 14,021 - INNOVATION - PROGRAM. - 107 0604826J JOINT C5 20,062 20,062 - CAPABILITY - DEVELOPMENT, - INTEGRATION - AND - INTEROPERABILI - TY ASSESSMENTS. - 108 0604873C LONG RANGE 136,423 136,423 - DISCRIMINATION - RADAR (LRDR). - 109 0604874C IMPROVED 412,363 412,363 - HOMELAND - DEFENSE - INTERCEPTORS. - 110 0604876C BALLISTIC 25,137 25,137 - MISSILE - DEFENSE - TERMINAL - DEFENSE - SEGMENT TEST. - 111 0604878C AEGIS BMD TEST. 169,822 169,822 - 112 0604879C BALLISTIC 105,530 105,530 - MISSILE - DEFENSE SENSOR - TEST. - 113 0604880C LAND-BASED SM-3 38,352 38,352 - (LBSM3). - 115 0604887C BALLISTIC 98,139 98,139 - MISSILE - DEFENSE - MIDCOURSE - SEGMENT TEST. - 117 0300206R ENTERPRISE 1,600 1,600 - INFORMATION - TECHNOLOGY - SYSTEMS. - 118 0303191D8Z JOINT 3,191 3,191 - ELECTROMAGNETI - C TECHNOLOGY - (JET) PROGRAM. - 119 0305103C CYBER SECURITY 1,138 1,138 - INITIATIVE. - 120 1206410SDA SPACE 85,000 55,000 - TECHNOLOGY - DEVELOPMENT - AND - PROTOTYPING. - .............. Missile [-30,000] - defense - studies - realignment. - 121 1206893C SPACE TRACKING 35,849 35,849 - & SURVEILLANCE - SYSTEM. - 122 1206895C BALLISTIC 27,565 135,565 - MISSILE - DEFENSE SYSTEM - SPACE PROGRAMS. - .............. HBTSS [108,000] - unfunded - requirement. - .............. SUBTOTAL 9,797,493 9,962,493 - ADVANCED - COMPONENT - DEVELOPMENT - AND PROTOTYPES. - .............. - .............. SYSTEM - DEVELOPMENT - AND - DEMONSTRATION - 123 0604161D8Z NUCLEAR AND 11,276 11,276 - CONVENTIONAL - PHYSICAL - SECURITY - EQUIPMENT - RDT&E SDD. - 124 0604165D8Z PROMPT GLOBAL 107,000 107,000 - STRIKE - CAPABILITY - DEVELOPMENT. - 125 0604384BP CHEMICAL AND 384,047 384,047 - BIOLOGICAL - DEFENSE - PROGRAM--EMD. - 126 0604771D8Z JOINT TACTICAL 40,102 40,102 - INFORMATION - DISTRIBUTION - SYSTEM (JTIDS). - 127 0605000BR COUNTER WEAPONS 13,100 13,100 - OF MASS - DESTRUCTION - SYSTEMS - DEVELOPMENT. - 128 0605013BL INFORMATION 3,070 3,070 - TECHNOLOGY - DEVELOPMENT. - 129 0605021SE HOMELAND 7,295 7,295 - PERSONNEL - SECURITY - INITIATIVE. - 130 0605022D8Z DEFENSE 17,615 17,615 - EXPORTABILITY - PROGRAM. - 131 0605027D8Z OUSD(C) IT 15,653 15,653 - DEVELOPMENT - INITIATIVES. - 132 0605070S DOD ENTERPRISE 2,378 2,378 - SYSTEMS - DEVELOPMENT - AND - DEMONSTRATION. - 133 0605075D8Z CMO POLICY AND 1,618 1,618 - INTEGRATION. - 134 0605080S DEFENSE AGENCY 27,944 27,944 - INITIATIVES - (DAI)--FINANCI - AL SYSTEM. - 135 0605090S DEFENSE RETIRED 6,609 6,609 - AND ANNUITANT - PAY SYSTEM - (DRAS). - 136 0605210D8Z DEFENSE-WIDE 9,619 9,619 - ELECTRONIC - PROCUREMENT - CAPABILITIES. - 137 0605294D8Z TRUSTED & 175,032 175,032 - ASSURED - MICROELECTRONI - CS. - 138 0303140BL INFORMATION 425 425 - SYSTEMS - SECURITY - PROGRAM. - 139 0303141K GLOBAL COMBAT 1,578 1,578 - SUPPORT SYSTEM. - 140 0305304D8Z DOD ENTERPRISE 4,373 4,373 - ENERGY - INFORMATION - MANAGEMENT - (EEIM). - 141 0305310D8Z CWMD SYSTEMS: 12,854 12,854 - SYSTEM - DEVELOPMENT - AND - DEMONSTRATION. - .............. SUBTOTAL SYSTEM 841,588 841,588 - DEVELOPMENT - AND - DEMONSTRATION. - .............. - .............. MANAGEMENT - SUPPORT - 142 0603829J JOINT 13,000 13,000 - CAPABILITY - EXPERIMENTATIO - N. - 143 0604774D8Z DEFENSE 9,724 9,724 - READINESS - REPORTING - SYSTEM (DRRS). - 144 0604875D8Z JOINT SYSTEMS 9,593 9,593 - ARCHITECTURE - DEVELOPMENT. - 145 0604940D8Z CENTRAL TEST 260,267 260,267 - AND EVALUATION - INVESTMENT - DEVELOPMENT - (CTEIP). - 146 0604942D8Z ASSESSMENTS AND 30,834 30,834 - EVALUATIONS. - 147 0605001E MISSION SUPPORT 68,498 68,498 - 148 0605100D8Z JOINT MISSION 83,091 89,091 - ENVIRONMENT - TEST - CAPABILITY - (JMETC). - .............. Cyber range [6,000] - development. - 149 0605104D8Z TECHNICAL 18,079 13,079 - STUDIES, - SUPPORT AND - ANALYSIS. - .............. Program [-5,000] - reduction. - 150 0605126J JOINT 70,038 70,038 - INTEGRATED AIR - AND MISSILE - DEFENSE - ORGANIZATION - (JIAMDO). - 152 0605142D8Z SYSTEMS 37,140 32,140 - ENGINEERING. - .............. Program [-5,000] - reduction. - 153 0605151D8Z STUDIES AND 4,759 4,759 - ANALYSIS - SUPPORT--OSD. - 154 0605161D8Z NUCLEAR MATTERS- 8,307 8,307 - PHYSICAL - SECURITY. - 155 0605170D8Z SUPPORT TO 9,441 9,441 - NETWORKS AND - INFORMATION - INTEGRATION. - 156 0605200D8Z GENERAL SUPPORT 1,700 1,700 - TO USD - (INTELLIGENCE). - 157 0605384BP CHEMICAL AND 110,363 110,363 - BIOLOGICAL - DEFENSE - PROGRAM. - 166 0605790D8Z SMALL BUSINESS 3,568 3,568 - INNOVATION - RESEARCH - (SBIR)/ SMALL - BUSINESS - TECHNOLOGY - TRANSFER. - 167 0605797D8Z MAINTAINING 19,936 19,936 - TECHNOLOGY - ADVANTAGE. - 168 0605798D8Z DEFENSE 16,875 16,875 - TECHNOLOGY - ANALYSIS. - 169 0605801KA DEFENSE 57,716 57,716 - TECHNICAL - INFORMATION - CENTER (DTIC). - 170 0605803SE R&D IN SUPPORT 34,448 34,448 - OF DOD - ENLISTMENT, - TESTING AND - EVALUATION. - 171 0605804D8Z DEVELOPMENT 22,203 22,203 - TEST AND - EVALUATION. - 172 0605898E MANAGEMENT HQ-- 13,208 13,208 - R&D. - 173 0605998KA MANAGEMENT HQ-- 3,027 3,027 - DEFENSE - TECHNICAL - INFORMATION - CENTER (DTIC). - 174 0606100D8Z BUDGET AND 8,017 8,017 - PROGRAM - ASSESSMENTS. - 175 0606225D8Z ODNA TECHNOLOGY 3,194 3,194 - AND RESOURCE - ANALYSIS. - 176 0606589D8W DEFENSE DIGITAL 1,000 6,000 - SERVICE (DDS) - DEVELOPMENT - SUPPORT. - .............. Increase... [5,000] - 179 0203345D8Z DEFENSE 3,037 3,037 - OPERATIONS - SECURITY - INITIATIVE - (DOSI). - 180 0204571J JOINT STAFF 9,216 9,216 - ANALYTICAL - SUPPORT. - 183 0303166J SUPPORT TO 553 553 - INFORMATION - OPERATIONS - (IO) - CAPABILITIES. - 184 0303260D8Z DEFENSE 1,014 1,014 - MILITARY - DECEPTION - PROGRAM OFFICE - (DMDPO). - 185 0305172K COMBINED 58,667 58,667 - ADVANCED - APPLICATIONS. - 187 0305245D8Z INTELLIGENCE 21,081 21,081 - CAPABILITIES - AND INNOVATION - INVESTMENTS. - 189 0307588D8Z ALGORITHMIC 221,235 221,235 - WARFARE CROSS - FUNCTIONAL - TEAMS. - 191 0804768J COCOM EXERCISE 40,073 40,073 - ENGAGEMENT AND - TRAINING - TRANSFORMATION - (CE2T2)--NON- - MHA. - 192 0808709SE DEFENSE EQUAL 100 100 - OPPORTUNITY - MANAGEMENT - INSTITUTE - (DEOMI). - 193 0901598C MANAGEMENT HQ-- 27,065 27,065 - MDA. - 194 0903235K JOINT SERVICE 3,090 3,090 - PROVIDER (JSP). - 999 9999999999 CLASSIFIED 51,471 51,471 - PROGRAMS. - .............. SUBTOTAL 1,354,628 1,355,628 - MANAGEMENT - SUPPORT. - .............. - .............. OPERATIONAL - SYSTEM - DEVELOPMENT - 195 0604130V ENTERPRISE 7,945 7,945 - SECURITY - SYSTEM (ESS). - 196 0604532K JOINT 208,834 208,834 - ARTIFICIAL - INTELLIGENCE. - 197 0605127T REGIONAL 1,947 1,947 - INTERNATIONAL - OUTREACH (RIO) - AND - PARTNERSHIP - FOR PEACE - INFORMATION - MANA. - 198 0605147T OVERSEAS 310 310 - HUMANITARIAN - ASSISTANCE - SHARED - INFORMATION - SYSTEM - (OHASIS). - 199 0607210D8Z INDUSTRIAL BASE 10,051 48,551 - ANALYSIS AND - SUSTAINMENT - SUPPORT. - .............. Advanced [5,000] - systems - manufacturi - ng. - .............. Composite [15,000] - manufacturi - ng - technologie - s. - .............. Printed [15,000] - circuit - boards. - .............. Rare earth [3,500] - element - production. - 200 0607310D8Z CWMD SYSTEMS: 12,734 12,734 - OPERATIONAL - SYSTEMS - DEVELOPMENT. - 201 0607327T GLOBAL THEATER 14,800 14,800 - SECURITY - COOPERATION - MANAGEMENT - INFORMATION - SYSTEMS (G- - TSCMIS). - 202 0607384BP CHEMICAL AND 54,023 54,023 - BIOLOGICAL - DEFENSE - (OPERATIONAL - SYSTEMS - DEVELOPMENT). - 203 0208043J PLANNING AND 4,537 4,537 - DECISION AID - SYSTEM (PDAS). - 204 0208045K C4I 64,122 64,122 - INTEROPERABILI - TY. - 210 0302019K DEFENSE INFO 15,798 15,798 - INFRASTRUCTURE - ENGINEERING - AND - INTEGRATION. - 211 0303126K LONG-HAUL 11,166 11,166 - COMMUNICATIONS - -DCS. - 212 0303131K MINIMUM 17,383 17,383 - ESSENTIAL - EMERGENCY - COMMUNICATIONS - NETWORK - (MEECN). - 214 0303136G KEY MANAGEMENT 54,516 54,516 - INFRASTRUCTURE - (KMI). - 215 0303140D8Z INFORMATION 67,631 67,631 - SYSTEMS - SECURITY - PROGRAM. - 216 0303140G INFORMATION 289,080 287,198 - SYSTEMS - SECURITY - PROGRAM. - .............. Sharkseer [-1,882] - transfer. - 217 0303140K INFORMATION 42,796 44,678 - SYSTEMS - SECURITY - PROGRAM. - .............. Sharkseer [1,882] - transfer. - 218 0303150K GLOBAL COMMAND 25,218 25,218 - AND CONTROL - SYSTEM. - 219 0303153K DEFENSE 21,698 21,698 - SPECTRUM - ORGANIZATION. - 220 0303228K JOINT REGIONAL 18,077 18,077 - SECURITY - STACKS (JRSS). - 222 0303430K FEDERAL 44,001 44,001 - INVESTIGATIVE - SERVICES - INFORMATION - TECHNOLOGY. - 228 0305128V SECURITY AND 2,400 17,400 - INVESTIGATIVE - ACTIVITIES. - .............. Local [15,000] - criminal - records - access. - 232 0305186D8Z POLICY R&D 6,301 6,301 - PROGRAMS. - 233 0305199D8Z NET CENTRICITY. 21,384 21,384 - 235 0305208BB DISTRIBUTED 6,359 6,359 - COMMON GROUND/ - SURFACE - SYSTEMS. - 238 0305208K DISTRIBUTED 2,981 2,981 - COMMON GROUND/ - SURFACE - SYSTEMS. - 241 0305327V INSIDER THREAT. 1,964 1,964 - 242 0305387D8Z HOMELAND 2,221 2,221 - DEFENSE - TECHNOLOGY - TRANSFER - PROGRAM. - 250 0708012K LOGISTICS 1,361 1,361 - SUPPORT - ACTIVITIES. - 251 0708012S PACIFIC 1,770 1,770 - DISASTER - CENTERS. - 252 0708047S DEFENSE 3,679 3,679 - PROPERTY - ACCOUNTABILITY - SYSTEM. - 254 1105219BB MQ-9 UAV....... 20,697 20,697 - 256 1160403BB AVIATION 245,795 254,595 - SYSTEMS. - .............. UPL Future [8,800] - vertical - lift. - 257 1160405BB INTELLIGENCE 15,484 15,484 - SYSTEMS - DEVELOPMENT. - 258 1160408BB OPERATIONAL 166,922 166,922 - ENHANCEMENTS. - 259 1160431BB WARRIOR SYSTEMS 62,332 62,332 - 260 1160432BB SPECIAL 21,805 21,805 - PROGRAMS. - 261 1160434BB UNMANNED ISR... 37,377 37,377 - 262 1160480BB SOF TACTICAL 11,150 11,150 - VEHICLES. - 263 1160483BB MARITIME 72,626 72,626 - SYSTEMS. - 264 1160489BB GLOBAL VIDEO 5,363 5,363 - SURVEILLANCE - ACTIVITIES. - 265 1160490BB OPERATIONAL 12,962 12,962 - ENHANCEMENTS - INTELLIGENCE. - 266 1203610K TELEPORT 6,158 6,158 - PROGRAM. - 300 0604011D8Z NEXT GENERATION 0 25,000 - INFORMATION - COMMUNICATIONS - TECHNOLOGY - (5G). - .............. DOD [25,000] - Spectrum - Sharing - program. - 999 9999999999 CLASSIFIED 4,116,640 4,542,640 - PROGRAMS. - .............. Transfer [426,000] - back to - base - funding. - .............. SUBTOTAL 5,832,398 6,345,698 - OPERATIONAL - SYSTEM - DEVELOPMENT. - .............. - .............. TOTAL RESEARCH, 24,346,953 25,060,253 - DEVELOPMENT, - TEST & EVAL, - DW. - .............. - .............. OPERATIONAL - TEST & EVAL, - DEFENSE - .............. MANAGEMENT - SUPPORT - 1 0605118OTE OPERATIONAL 93,291 93,291 - TEST AND - EVALUATION. - 2 0605131OTE LIVE FIRE TEST 69,172 69,172 - AND EVALUATION. - 3 0605814OTE OPERATIONAL 58,737 58,737 - TEST - ACTIVITIES AND - ANALYSES. - .............. SUBTOTAL 221,200 221,200 - MANAGEMENT - SUPPORT. - .............. - .............. TOTAL 221,200 221,200 - OPERATIONAL - TEST & EVAL, - DEFENSE. - .............. - .............. TOTAL RDT&E.... 102,647,545 104,023,113 ------------------------------------------------------------------------- +SEC. 3541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS. + The Secretary of State, in consultation with the Secretary of +Commerce, shall coordinate with Regional Fisheries Management +Organizations and the Food and Agriculture Organization of the United +Nations, and may coordinate with other relevant international +governmental or nongovernmental organizations, or the private sector, +as appropriate, to enhance regional responses to IUU fishing and +related transnational organized illegal activities. +SEC. 3542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED STATES. + Not later than 1 year after the date of the enactment of this +title, each chief of mission (as defined in section 102 of the Foreign +Service Act of 1980 (22 U.S.C. 3902)) to a relevant country in a +priority region or to a priority flag state may, if the Secretary of +State determines such action is appropriate-- + (1) convene a working group, led by Department of State + officials, to examine IUU fishing, which may include stakeholders + such as-- + (A) United States officials from relevant agencies + participating in the interagency Working Group identified in + section 3551, foreign officials, nongovernmental organizations, + the private sector, and representatives of local fishermen in + the region; and + (B) experts on IUU fishing, law enforcement, criminal + justice, transnational organized illegal activity, defense, + intelligence, vessel movement monitoring, and international + development operating in or with knowledge of the region; and + (2) designate a counter-IUU Fishing Coordinator from among + existing personnel at the mission if the chief of mission + determines such action is appropriate. +SEC. 3543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW ENFORCEMENT +WITHIN PRIORITY REGIONS AND PRIORITY FLAG STATES. + (a) In General.--The Secretary of State, in consultation with the +Secretary of Commerce and the Commandant of the Coast Guard when the +Coast Guard is not operating as a service in the Department of the +Navy, as well as any other relevant department or agency, shall provide +assistance, as appropriate, in accordance with this section. + (b) Law Enforcement Training and Coordination Activities.--The +officials referred to in subsection (a) shall evaluate opportunities to +provide assistance, as appropriate, to countries in priority regions +and priority flag states to improve the effectiveness of IUU fishing +enforcement, with clear and measurable targets and indicators of +success, including-- + (1) by assessing and using existing resources, enforcement + tools, and legal authorities to coordinate efforts to combat IUU + fishing with efforts to combat other illegal trade, including + weapons, drugs, and human trafficking; + (2) by expanding existing IUU fishing enforcement training; + (3) by providing targeted, country- and region-specific + training on combating IUU fishing, including in those countries + that have not adopted the Port State Measures Agreement; + (4) by supporting increased effectiveness and transparency of + the fisheries enforcement sectors of the governments of such + countries; and + (5) by supporting increased outreach to stakeholders in the + affected communities as key partners in combating and prosecuting + IUU fishing. + (c) Implementation of Port State Measures.--The officials referred +to in subsection (a) shall evaluate opportunities to provide +assistance, as appropriate, to countries in priority regions and +priority flag states to help those states implement programs related to +port security and capacity for the purposes of preventing IUU fishing +products from entering the global seafood market, including by +supporting other countries in working toward the adoption and +implementation of the Port State Measures Agreement. + (d) Capacity Building for Investigations and Prosecutions.--The +officials referred to in subsection (a), in collaboration with the +governments of countries in priority regions and of priority flag +states, shall evaluate opportunities to assist those countries in +designing and implementing programs in such countries, as appropriate, +to increase the capacity of IUU fishing enforcement and customs and +border security officers to improve their ability-- + (1) to conduct effective investigations, including using law + enforcement techniques such as undercover investigations and the + development of informer networks and actionable intelligence; + (2) to conduct vessel boardings and inspections at sea and + associated enforcement actions; + (3) to exercise existing shiprider agreements and to enter into + and implement new shiprider agreements, as appropriate, including + in those countries that have not adopted the Port State Measures + Agreement; + (4) to conduct vessel inspections at port and associated + enforcement actions; + (5) to assess technology needs and promote the use of + technology to improve monitoring, enforcement, and prosecution of + IUU fishing; + (6) to conduct DNA-based and forensic identification of seafood + used in trade; + (7) to conduct training on techniques, such as collecting + electronic evidence and using computer forensics, for law + enforcement personnel involved in complex investigations related to + international matters, financial issues, and government corruption + that include IUU fishing; + (8) to assess financial flows and the use of financial + institutions to launder profits related to IUU fishing; + (9) to conduct training on the legal mechanisms that can be + used to prosecute those identified in the investigations as alleged + perpetrators of IUU fishing and other associated crimes such as + trafficking and forced labor; and + (10) to conduct training to raise awareness of the use of + whistleblower information and ways to incentivize whistleblowers to + come forward with original information related to IUU fishing. + (e) Capacity Building for Information Sharing.--The officials +referred to in subsection (a) shall evaluate opportunities to provide +assistance, as appropriate, to key countries in priority regions and +priority flag states in the form of training, equipment, and systems +development to build capacity for information sharing related to +maritime enforcement and port security. + (f) Coordination With Other Relevant Agencies.--The Secretary of +State shall coordinate, as appropriate, with the Secretary of Commerce, +the Commandant of the Coast Guard when the Coast Guard is not operating +as a service in the Department of the Navy, and with other relevant +Federal agencies in accordance with this section. +SEC. 3544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU FISHING. + (a) Mechanisms to Combat IUU Fishing.--The Secretary of State, the +Administrator of the United States Agency for International +Development, the Secretary of the Department in which the Coast Guard +is operating when it is not operating as a service in the Department of +the Navy, the Secretary of Defense, the Secretary of Commerce, the +Attorney General, and the heads of other appropriate Federal agencies +shall assess opportunities to combat IUU fishing by expanding, as +appropriate, the use of the following mechanisms: + (1) Including counter-IUU fishing in existing shiprider + agreements in which the United States is a party. + (2) Entering into shiprider agreements that include counter-IUU + fishing with priority flag states and countries in priority regions + with which the United States does not already have such an + agreement. + (3) Including counter-IUU fishing as part of the mission of the + Combined Maritime Forces. + (4) Including counter-IUU fishing exercises in the annual at- + sea exercises conducted by the Department of Defense, in + coordination with the United States Coast Guard. + (5) Creating partnerships similar to the Oceania Maritime + Security Initiative and the Africa Maritime Law Enforcement + Partnership in other priority regions. + (b) Information Sharing.--The Director of National Intelligence, in +conjunction with other agencies, as appropriate, shall develop an +enterprise approach to appropriately share information and data within +the United States Government or with other countries or nongovernmental +organizations, or the private sector, as appropriate, on IUU fishing +and other connected transnational organized illegal activity occurring +in priority regions and elsewhere, including big data analytics and +machine learning. +SEC. 3545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY PROGRAMS. + The Secretary of State, the Administrator of the United States +Agency for International Development, the Secretary of the Department +in which the Coast Guard is operating when it is not operating as a +service in the Department of the Navy, the Secretary of Commerce, and +the heads of other Federal agencies, if merited, shall work, as +appropriate, with priority flag states and key countries in priority +regions-- + (1) to increase knowledge within such countries about the + United States transparency and traceability standards for imports + of seafood and seafood products; + (2) to improve the capacity of seafood industries within such + countries through information sharing and training to meet the + requirements of transparency and traceability standards for seafood + and seafood product imports, including catch documentation and + trade tracking programs adopted by relevant regional fisheries + management organizations; and + (3) to improve the capacities of government, industry, and + civil society groups to develop and implement comprehensive + traceability systems that-- + (A) deter IUU fishing; + (B) strengthen fisheries management; and + (C) enhance maritime domain awareness. +SEC. 3546. TECHNOLOGY PROGRAMS. + The Secretary of State, the Administrator of the United States +Agency for International Development, the Secretary of the Department +in which the Coast Guard is operating when it is not operating as a +service in the Department of the Navy, the Secretary of Defense, the +Secretary of Commerce, and the heads of other Federal agencies, if +merited, shall pursue programs, as appropriate, to expand the role of +technology for combating IUU fishing, including by-- + (1) promoting the use of technology to combat IUU fishing; + (2) assessing the technology needs, including vessel tracking + technologies and data sharing, in priority regions and priority + flag states; + (3) engaging with priority flag states to encourage the + mandated use of vessel tracking technologies, including vessel + monitoring systems, AIS, or other vessel movement monitoring + technologies on fishing vessels and transshipment vessels at all + times, as appropriate, while at sea as a means to identify IUU + fishing activities and the shipment of illegally caught fish + products; and + (4) building partnerships with the private sector, including + universities, nonprofit research organizations, the seafood + industry, and the technology, transportation and logistics sectors, + to leverage new and existing technologies and data analytics to + address IUU fishing. +SEC. 3547. SAVINGS CLAUSE. + No provision of section 3532 or of this part shall impose, or be +interpreted to impose, any duty, responsibility, requirement, or +obligation on the Department of Defense, the Department of the Navy, +the United States Coast Guard when operating as a service in the +Department of Homeland Security, or any official or component of +either. -SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS - CONTINGENCY OPERATIONS. + PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING ----------------------------------------------------------------------------------------------------------------- - SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of - Dollars) ------------------------------------------------------------------------------------------------------------------ - FY 2020 Senate - Line Program Element Item Request Authorized ----------------------------------------------------------------------------------------------------------------- - .................................. RESEARCH, DEVELOPMENT, TEST & - EVAL, ARMY - .................................. ADVANCED COMPONENT DEVELOPMENT & - PROTOTYPES - 74 0603327A AIR AND MISSILE DEFENSE SYSTEMS 500 500 - ENGINEERING. - 79 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 3,000 3,000 - 85 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 1,085 1,085 - ADV DEV. - 95 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 6,000 6,000 - (M-SHORAD). - 97 0604119A ARMY ADVANCED COMPONENT 4,529 4,529 - DEVELOPMENT & PROTOTYPING. - 105 0604785A INTEGRATED BASE DEFENSE (BUDGET 2,000 2,000 - ACTIVITY 4). - .................................. SUBTOTAL ADVANCED COMPONENT 17,114 17,114 - DEVELOPMENT & PROTOTYPES. - .................................. - .................................. SYSTEM DEVELOPMENT & DEMONSTRATION - 151 0605035A COMMON INFRARED COUNTERMEASURES 11,770 11,770 - (CIRCM). - 159 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 77,420 77,420 - 163 0605203A ARMY SYSTEM DEVELOPMENT & 19,527 19,527 - DEMONSTRATION. - 174 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 3,200 3,200 - .................................. SUBTOTAL SYSTEM DEVELOPMENT & 111,917 111,917 - DEMONSTRATION. - .................................. - .................................. RDT&E MANAGEMENT SUPPORT - 200 0606003A COUNTERINTEL AND HUMAN INTEL 1,875 1,875 - MODERNIZATION. - .................................. SUBTOTAL RDT&E MANAGEMENT SUPPORT. 1,875 1,875 - .................................. - .................................. OPERATIONAL SYSTEMS DEVELOPMENT - 238 0303028A SECURITY AND INTELLIGENCE 22,904 22,904 - ACTIVITIES. - 246 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 34,100 34,100 - 247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 14,000 14,000 - 252 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,214 2,214 - .................................. SUBTOTAL OPERATIONAL SYSTEMS 73,218 73,218 - DEVELOPMENT. - .................................. - .................................. TOTAL RESEARCH, DEVELOPMENT, TEST 204,124 204,124 - & EVAL, ARMY. - .................................. - .................................. RESEARCH, DEVELOPMENT, TEST & - EVAL, NAVY - .................................. ADVANCED COMPONENT DEVELOPMENT & - PROTOTYPES - 28 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 2,400 2,400 - 38 0603527N RETRACT LARCH..................... 22,000 22,000 - 57 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 14,178 14,178 - DEVELOPMENT. - 69 0603795N LAND ATTACK TECHNOLOGY............ 1,428 1,428 - .................................. SUBTOTAL ADVANCED COMPONENT 40,006 40,006 - DEVELOPMENT & PROTOTYPES. - .................................. - .................................. SYSTEM DEVELOPMENT & DEMONSTRATION - 143 0604755N SHIP SELF DEFENSE (DETECT & 1,122 1,122 - CONTROL). - .................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,122 1,122 - DEMONSTRATION. - .................................. - .................................. OPERATIONAL SYSTEMS DEVELOPMENT - 228 0206313M MARINE CORPS COMMUNICATIONS 15,000 15,000 - SYSTEMS. - 999 9999999999 CLASSIFIED PROGRAMS............... 108,282 108,282 - .................................. SUBTOTAL OPERATIONAL SYSTEMS 123,282 123,282 - DEVELOPMENT. - .................................. - .................................. TOTAL RESEARCH, DEVELOPMENT, TEST 164,410 164,410 - & EVAL, NAVY. - .................................. - .................................. RESEARCH, DEVELOPMENT, TEST & - EVAL, AF - .................................. ADVANCED COMPONENT DEVELOPMENT & - PROTOTYPES - 48 0604858F TECH TRANSITION PROGRAM........... 26,450 26,450 - 72 1206857F SPACE RAPID CAPABILITIES OFFICE... 17,885 17,885 - .................................. SUBTOTAL ADVANCED COMPONENT 44,335 44,335 - DEVELOPMENT & PROTOTYPES. - .................................. - .................................. OPERATIONAL SYSTEMS DEVELOPMENT - 177 0205671F JOINT COUNTER RCIED ELECTRONIC 4,000 4,000 - WARFARE. - 217 0208288F INTEL DATA APPLICATIONS........... 1,200 1,200 - 999 9999999999 CLASSIFIED PROGRAMS............... 400,713 78,713 - .................................. Transfer back to base funding. [-322,000] - .................................. SUBTOTAL OPERATIONAL SYSTEMS 405,913 83,913 - DEVELOPMENT. - .................................. - .................................. TOTAL RESEARCH, DEVELOPMENT, TEST 450,248 128,248 - & EVAL, AF. - .................................. - .................................. RESEARCH, DEVELOPMENT, TEST & - EVAL, DW - .................................. APPLIED RESEARCH - 10 0602134BR COUNTER IMPROVISED-THREAT ADVANCED 1,677 1,677 - STUDIES. - .................................. SUBTOTAL APPLIED RESEARCH......... 1,677 1,677 - .................................. - .................................. ADVANCED TECHNOLOGY DEVELOPMENT - 25 0603122D8Z COMBATING TERRORISM TECHNOLOGY 25,230 25,230 - SUPPORT. - 27 0603134BR COUNTER IMPROVISED-THREAT 49,528 49,528 - SIMULATION. - .................................. SUBTOTAL ADVANCED TECHNOLOGY 74,758 74,758 - DEVELOPMENT. - .................................. - .................................. ADVANCED COMPONENT DEVELOPMENT AND - PROTOTYPES - 94 0604134BR COUNTER IMPROVISED-THREAT 113,590 113,590 - DEMONSTRATION, PROTOTYPE - DEVELOPMENT, AND TESTING. - .................................. SUBTOTAL ADVANCED COMPONENT 113,590 113,590 - DEVELOPMENT AND PROTOTYPES. - .................................. - .................................. OPERATIONAL SYSTEM DEVELOPMENT - 258 1160408BB OPERATIONAL ENHANCEMENTS.......... 726 726 - 259 1160431BB WARRIOR SYSTEMS................... 6,000 6,000 - 261 1160434BB UNMANNED ISR...................... 5,000 5,000 - 999 9999999999 CLASSIFIED PROGRAMS............... 626,199 200,199 - .................................. Transfer back to base funding. [-426,000] - .................................. SUBTOTAL OPERATIONAL SYSTEM 637,925 211,925 - DEVELOPMENT. - .................................. - .................................. TOTAL RESEARCH, DEVELOPMENT, TEST 827,950 401,950 - & EVAL, DW. - .................................. - .................................. TOTAL RDT&E....................... 1,646,732 898,732 ----------------------------------------------------------------------------------------------------------------- +SEC. 3551. INTERAGENCY WORKING GROUP ON IUU FISHING. + (a) In General.--There is established a collaborative interagency +working group on maritime security and IUU fishing (referred to in this +subtitle as the ``Working Group''). + (b) Members.--The members of the Working Group shall be composed +of-- + (1) 1 chair, who shall rotate between the Secretary of the + Department in which the Coast Guard is operating, acting through + the Commandant of the Coast Guard, the Secretary of State, and the + National Oceanographic and Atmospheric Administration, acting + through the Administrator, on a 3-year term; + (2) 2 deputy chairs, who shall be appointed by their respective + agency heads and shall be from a different Department than that of + the chair, from-- + (A) the Coast Guard; + (B) the Department of State; and + (C) the National Oceanic and Atmospheric Administration; + (3) 12 members, who shall be appointed by their respective + agency heads, from-- + (A) the Department of Defense; + (B) the United States Navy; + (C) the United States Agency for International Development; + (D) the United States Fish and Wildlife Service; + (E) the Department of Justice; + (F) the Department of the Treasury; + (G) U.S. Customs and Border Protection; + (H) U.S. Immigration and Customs Enforcement; + (I) the Federal Trade Commission; + (J) the Department of Agriculture; + (K) the Food and Drug Administration; and + (L) the Department of Labor; + (4) 1 or more members from the intelligence community (as + defined in section 3 of the National Security Act of 1947 (50 + U.S.C. 3003)), who shall be appointed by the Director of National + Intelligence; and + (5) 5 members, who shall be appointed by the President, from-- + (A) the National Security Council; + (B) the Council on Environmental Quality; + (C) the Office of Management and Budget; + (D) the Office of Science and Technology Policy; and + (E) the Office of the United States Trade Representative. + (c) Responsibilities.--The Working Group shall ensure an +integrated, Federal Government-wide response to IUU fishing globally, +including by-- + (1) improving the coordination of Federal agencies to identify, + interdict, investigate, prosecute, and dismantle IUU fishing + operations and organizations perpetrating and knowingly benefitting + from IUU fishing; + (2) assessing areas for increased interagency information + sharing on matters related to IUU fishing and related crimes; + (3) establishing standards for information sharing related to + maritime enforcement; + (4) developing a strategy to determine how military assets and + intelligence can contribute to enforcement strategies to combat IUU + fishing; + (5) increasing maritime domain awareness relating to IUU + fishing and related crimes and developing a strategy to leverage + awareness for enhanced enforcement and prosecution actions against + IUU fishing; + (6) supporting the adoption and implementation of the Port + State Measures Agreement in relevant countries and assessing the + capacity and training needs in such countries; + (7) outlining a strategy to coordinate, increase, and use + shiprider agreements between the Department of Defense or the Coast + Guard and relevant countries; + (8) enhancing cooperation with partner governments to combat + IUU fishing; + (9) identifying opportunities for increased information sharing + between Federal agencies and partner governments working to combat + IUU fishing; + (10) consulting and coordinating with the seafood industry and + nongovernmental stakeholders that work to combat IUU fishing; + (11) supporting the work of collaborative international + initiatives to make available certified data from state authorities + about vessel and vessel-related activities related to IUU fishing; + (12) supporting the identification and certification procedures + to address IUU fishing in accordance with the High Seas Driftnet + Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.); and + (13) publishing annual reports summarizing nonsensitive + information about the Working Group's efforts to investigate, + enforce, and prosecute groups and individuals engaging in IUU + fishing. +SEC. 3552. STRATEGIC PLAN. + (a) Strategic Plan.--Not later than 2 years after the date of the +enactment of this title, the Working Group, after consultation with the +relevant stakeholders, shall submit to the Committee on Commerce, +Science, and Transportation of the Senate, the Committee on Foreign +Relations of the Senate, the Committee on Appropriations of the Senate, +the Committee on Transportation and Infrastructure of the House of +Representatives, the Committee on Natural Resources of the House of +Representatives, the Committee on Foreign Affairs of the House of +Representatives, and the Committee on Appropriations of the House of +Representatives a 5-year integrated strategic plan on combating IUU +fishing and enhancing maritime security, including specific strategies +with monitoring benchmarks for addressing IUU fishing in priority +regions. + (b) Identification of Priority Regions and Priority Flag States.-- + (1) In general.--The strategic plan submitted under subsection + (a) shall identify priority regions and priority flag states to be + the focus of assistance coordinated by the Working Group under + section 3551. + (2) Priority region selection criteria.--In selecting priority + regions under paragraph (1), the Working Group shall select regions + that-- + (A) are at high risk for IUU fishing activity or the entry + of illegally caught seafood into their markets; and + (B) lack the capacity to fully address the issues described + in subparagraph (A). + (3) Priority flag states selection criteria.--In selecting + priority flag states under paragraph (1), the Working Group shall + select countries-- + (A) the flagged vessels of which actively engage in, + knowingly profit from, or are complicit in IUU fishing; and + (B) that lack the capacity to police their fleet. +SEC. 3553. REPORTS. + Not later than 5 years after the submission of the 5-year +integrated strategic plan under section 3552, and 5 years after, the +Working Group shall submit a report to the Committee on Commerce, +Science, and Transportation of the Senate, the Committee on Foreign +Relations of the Senate, the Committee on Appropriations of the Senate, +the Committee on the Judiciary of the Senate, the Select Committee on +Intelligence of the Senate, the Committee on Agriculture, Nutrition, +and Forestry of the Senate, the Committee on Transportation and +Infrastructure of the House of Representatives, the Committee on +Natural Resources of the House of Representatives, the Committee on +Foreign Affairs of the House of Representatives, and the Committee on +Appropriations of the House of Representatives that contains-- + (1) a summary of global and regional trends in IUU fishing; + (2) an assessment of the extent of the convergence between + transnational organized illegal activity, including human + trafficking and forced labor, and IUU fishing; + (3) an assessment of the topics, data sources, and strategies + that would benefit from increased information sharing and + recommendations regarding harmonization of data collection and + sharing; + (4) an assessment of assets, including military assets and + intelligence, which can be used for either enforcement operations + or strategies to combat IUU fishing; + (5) summaries of the situational threats with respect to IUU + fishing in priority regions and an assessment of the capacity of + countries within such regions to respond to those threats; + (6) an assessment of the progress of countries in priority + regions in responding to those threats as a result of assistance by + the United States pursuant to the strategic plan developed under + section 3552, including-- + (A) the identification of-- + (i) relevant supply routes, ports of call, methods of + landing and entering illegally caught product into legal + supply chains, and financial institutions used in each + country by participants engaging in IUU fishing; and + (ii) indicators of IUU fishing that are related to + money laundering; + (B) an assessment of the adherence to, or progress toward + adoption of, international treaties related to IUU fishing, + including the Port State Measures Agreement, by countries in + priority regions; + (C) an assessment of the implementation by countries in + priority regions of seafood traceability or capacity to apply + traceability to verify the legality of catch and strengthen + fisheries management; + (D) an assessment of the capacity of countries in priority + regions to implement shiprider agreements; + (E) an assessment of the capacity of countries in priority + regions to increase maritime domain awareness; and + (F) an assessment of the capacity of governments of + relevant countries in priority regions to sustain the programs + for which the United States has provided assistance under this + subtitle; + (7) an assessment of the capacity of priority flag states to + track the movement of and police their fleet, prevent their flagged + vessels from engaging in IUU fishing, and enforce applicable laws + and regulations; and + (8) an assessment of the extent of involvement in IUU fishing + of organizations designated as foreign terrorist organizations + under section 219 of the Immigration and Nationality Act (8 U.S.C. + 1189). +SEC. 3554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP. + (a) In General.--Not later than 90 days after the date of the +enactment of this title, the Administrator of the National Oceanic and +Atmospheric Administration, in coordination with the Commandant of the +Coast Guard and the Secretary of State, shall establish a subworking +group to address IUU fishing in the exclusive economic zone of the +United States in the Gulf of Mexico. + (b) Functions.--The subworking group established under subsection +(a) shall identify-- + (1) Federal actions taken and policies established during the + 5-year period immediately preceding the date of the enactment of + this title with respect to IUU fishing in the exclusive economic + zone of the United States in the Gulf of Mexico, including such + actions and policies related to-- + (A) the surveillance, interdiction, and prosecution of any + foreign nationals engaged in such fishing; and + (B) the application of the provisions of the High Seas + Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et + seq.) to any relevant nation, including the status of any past + or ongoing consultations and certification procedures; + (2) actions and policies, in addition to the actions and + policies described in paragraph (1), each of the Federal agencies + described in subsection (a) can take, using existing resources, to + combat IUU fishing in the exclusive economic zone of the United + States in the Gulf of Mexico; and + (3) any additional authorities that could assist each such + agency in more effectively addressing such IUU fishing. + (c) Report.--Not later than 1 year after the IUU Fishing Subworking +Group is established under subsection (a), the group shall submit a +report to the Committee on Commerce, Science, and Transportation of the +Senate, the Committee on Transportation and Infrastructure of the House +of Representatives, and the Committee on Natural Resources of the House +of Representatives that contains-- + (1) the findings identified pursuant to subsection (b); and + (2) a timeline for each of the Federal agencies described in + subsection (a) to implement each action or policy identified + pursuant to subsection (b)(2). + + PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING + AND PROCESSING OF SEAFOOD PRODUCTS + +SEC. 3561. FINDING. + Congress finds that human trafficking, including forced labor, is a +pervasive problem in the catching and processing of certain seafood +products imported into the United States, particularly seafood products +obtained through illegal, unreported, and unregulated fishing. +SEC. 3562. ADDING THE SECRETARY OF COMMERCE TO THE INTERAGENCY TASK +FORCE TO MONITOR AND COMBAT TRAFFICKING. + Section 105(b) of the Victims of Trafficking and Violence +Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting +``the Secretary of Commerce,'' after ``the Secretary of Education,''. +SEC. 3563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN REPORT. + (a) In General.--Not later than 1 year after the date of the +enactment of this title, the Secretary of State and the Administrator +of the National Oceanic and Atmospheric Administration shall jointly +submit a report to the Committee on Commerce, Science, and +Transportation of the Senate, the Committee on Foreign Relations of the +Senate, the Committee on Appropriations of the Senate, the Committee on +Natural Resources of the House of Representatives, the Committee on +Foreign Affairs of the House of Representatives, and the Committee on +Appropriations of the House of Representatives that describes the +existence of human trafficking, including forced labor, in the supply +chains of seafood products imported into the United States. + (b) Report Elements.--The report required under subsection (a) +shall include-- + (1) a list of the countries at risk for human trafficking, + including forced labor, in their seafood catching and processing + industries, and an assessment of such risk for each listed country; + (2) a description of the quantity and economic value of seafood + products imported into the United States from the countries on the + list compiled pursuant to paragraph (1); + (3) a description and assessment of the methods, if any, in the + countries on the list compiled pursuant to paragraph (1) to trace + and account for the manner in which seafood is caught; + (4) a description of domestic and international enforcement + mechanisms to deter illegal practices in the catching of seafood in + the countries on the list compiled pursuant to paragraph (1); and + (5) such recommendations as the Secretary of State and the + Administrator of the National Oceanic and Atmospheric + Administration jointly consider appropriate for administrative + action to enhance and improve actions against human trafficking, + including forced labor, in the catching and processing of seafood + products outside of United States waters. + + PART IV--AUTHORIZATION OF APPROPRIATIONS + +SEC. 3571. AUTHORIZATION OF APPROPRIATIONS. + (a) Funding.--Amounts made available to carry out this subtitle +shall be derived from amounts appropriated to the relevant agencies and +departments. + (b) No Increase in Contributions.--Nothing in this subtitle shall +be construed to authorize an increase in required or voluntary +contributions paid by the United States to any multilateral or +international organization. +SEC. 3572. ACCOUNTING OF FUNDS. + By not later than 180 days after the date of enactment of this +title, the head of each Federal agency receiving or allocating funds to +carry out activities under this subtitle shall, to the greatest extent +practicable, prepare and submit to Congress a report that provides an +accounting of all funds made available under this subtitle to the +Federal agency. + + DIVISION D--FUNDING TABLES + +Sec. 4001. Authorization of amounts in funding tables. + + TITLE XLI--PROCUREMENT + +Sec. 4101. Procurement. +Sec. 4102. Procurement for overseas contingency operations. +Sec. 4103. Procurement for emergency requirements. + + TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + +Sec. 4201. Research, development, test, and evaluation. +Sec. 4202. Research, development, test, and evaluation for overseas + contingency operations. +Sec. 4203. Research, development, test, and evaluation for emergency + requirements. TITLE XLIII--OPERATION AND MAINTENANCE -SEC. 4301. OPERATION AND MAINTENANCE. +Sec. 4301. Operation and maintenance. +Sec. 4302. Operation and maintenance for overseas contingency + operations. +Sec. 4303. Operation and maintenance for emergency requirements. ----------------------------------------------------------------------------------------------------------------- - SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) ------------------------------------------------------------------------------------------------------------------ - FY 2020 Senate - Line Item Request Authorized ----------------------------------------------------------------------------------------------------------------- - OPERATION & MAINTENANCE, ARMY - OPERATING FORCES - 010 MANEUVER UNITS....................................................... 0 1,735,922 - Transfer back to base funding.................................... [1,735,922] - 020 MODULAR SUPPORT BRIGADES............................................. 0 127,815 - Transfer back to base funding.................................... [127,815] - 030 ECHELONS ABOVE BRIGADE............................................... 0 716,356 - Transfer back to base funding.................................... [716,356] - 040 THEATER LEVEL ASSETS................................................. 0 890,891 - Transfer back to base funding.................................... [890,891] - 050 LAND FORCES OPERATIONS SUPPORT....................................... 0 1,232,477 - Transfer back to base funding.................................... [1,232,477] - 060 AVIATION ASSETS...................................................... 0 1,355,606 - Transfer back to base funding.................................... [1,355,606] - 070 FORCE READINESS OPERATIONS SUPPORT................................... 408,031 3,882,315 - Transfer back to base funding.................................... [3,474,284] - 080 LAND FORCES SYSTEMS READINESS........................................ 417,069 446,269 - UPL MDTF INDOPACOM............................................... [29,200] - 090 LAND FORCES DEPOT MAINTENANCE........................................ 0 1,633,327 - Transfer back to base funding.................................... [1,633,327] - 100 BASE OPERATIONS SUPPORT.............................................. 0 7,951,473 - Historical underexecution........................................ [-46,000] - Revised MHPI cost share.......................................... [-50,460] - Transfer back to base funding.................................... [8,047,933] - 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 4,326,840 4,326,840 - 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 405,612 405,612 - 160 US AFRICA COMMAND.................................................... 251,511 251,511 - 170 US EUROPEAN COMMAND.................................................. 146,358 154,158 - JIOCEUR JAC Molesworth........................................... [7,800] - 180 US SOUTHERN COMMAND.................................................. 191,840 191,840 - 190 US FORCES KOREA...................................................... 57,603 57,603 - 200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 423,156 423,156 - 210 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 551,185 551,185 - SUBTOTAL OPERATING FORCES............................................ 7,179,205 26,334,356 - - MOBILIZATION - 220 STRATEGIC MOBILITY................................................... 380,577 380,577 - 230 ARMY PREPOSITIONED STOCKS............................................ 362,942 362,942 - 240 INDUSTRIAL PREPAREDNESS.............................................. 4,637 4,637 - SUBTOTAL MOBILIZATION................................................ 748,156 748,156 - - TRAINING AND RECRUITING - 250 OFFICER ACQUISITION.................................................. 157,175 157,175 - 260 RECRUIT TRAINING..................................................... 55,739 55,739 - 270 ONE STATION UNIT TRAINING............................................ 62,300 62,300 - 280 SENIOR RESERVE OFFICERS TRAINING CORPS............................... 538,357 538,357 - 290 SPECIALIZED SKILL TRAINING........................................... 969,813 969,813 - 300 FLIGHT TRAINING...................................................... 1,234,049 1,234,049 - 310 PROFESSIONAL DEVELOPMENT EDUCATION................................... 218,338 218,338 - 320 TRAINING SUPPORT..................................................... 554,659 554,659 - 330 RECRUITING AND ADVERTISING........................................... 716,056 636,056 - Unjustified growth for advertising............................... [-70,000] - Unjustified growth for recruiting................................ [-10,000] - 340 EXAMINING............................................................ 185,034 185,034 - 350 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 214,275 214,275 - 360 CIVILIAN EDUCATION AND TRAINING...................................... 147,647 147,647 - 370 JUNIOR RESERVE OFFICER TRAINING CORPS................................ 173,812 173,812 - SUBTOTAL TRAINING AND RECRUITING..................................... 5,227,254 5,147,254 - - ADMIN & SRVWIDE ACTIVITIES - 390 SERVICEWIDE TRANSPORTATION........................................... 559,229 559,229 - 400 CENTRAL SUPPLY ACTIVITIES............................................ 929,944 929,944 - 410 LOGISTIC SUPPORT ACTIVITIES.......................................... 629,981 629,981 - 420 AMMUNITION MANAGEMENT................................................ 458,771 458,771 - 430 ADMINISTRATION....................................................... 428,768 428,768 - 440 SERVICEWIDE COMMUNICATIONS........................................... 1,512,736 1,512,736 - 450 MANPOWER MANAGEMENT.................................................. 272,738 272,738 - 460 OTHER PERSONNEL SUPPORT.............................................. 391,869 363,869 - Historical underexecution........................................ [-28,000] - 470 OTHER SERVICE SUPPORT................................................ 1,901,165 1,901,165 - 480 ARMY CLAIMS ACTIVITIES............................................... 198,765 183,765 - Historical underexecution........................................ [-15,000] - 490 REAL ESTATE MANAGEMENT............................................... 226,248 226,248 - 500 FINANCIAL MANAGEMENT AND AUDIT READINESS............................. 315,489 315,489 - 510 INTERNATIONAL MILITARY HEADQUARTERS.................................. 427,254 427,254 - 520 MISC. SUPPORT OF OTHER NATIONS....................................... 43,248 43,248 - 9999 CLASSIFIED PROGRAMS.................................................. 1,347,053 1,347,053 - SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 9,643,258 9,600,258 - - UNDISTRIBUTED - 999 UNDISTRIBUTED........................................................ 0 103,800 - Cyber operations-peculiar capability development projects........ [3,000] - Single family home pilot program................................. [1,000] - THAAD sustainment program transfer from MDA...................... [99,800] - SUBTOTAL UNDISTRIBUTED............................................... 0 103,800 - - TOTAL OPERATION & MAINTENANCE, ARMY.................................. 22,797,873 41,933,824 - - OPERATION & MAINTENANCE, ARMY RES - OPERATING FORCES - 010 MODULAR SUPPORT BRIGADES............................................. 0 11,927 - Transfer back to base funding.................................... [11,927] - 020 ECHELONS ABOVE BRIGADE............................................... 0 533,015 - Transfer back to base funding.................................... [533,015] - 030 THEATER LEVEL ASSETS................................................. 0 119,517 - Transfer back to base funding.................................... [119,517] - 040 LAND FORCES OPERATIONS SUPPORT....................................... 0 550,468 - Transfer back to base funding.................................... [550,468] - 050 AVIATION ASSETS...................................................... 0 86,670 - Transfer back to base funding.................................... [86,670] - 060 FORCE READINESS OPERATIONS SUPPORT................................... 390,061 390,061 - 070 LAND FORCES SYSTEMS READINESS........................................ 101,890 101,890 - 080 LAND FORCES DEPOT MAINTENANCE........................................ 0 48,503 - Transfer back to base funding.................................... [48,503] - 090 BASE OPERATIONS SUPPORT.............................................. 0 598,907 - Transfer back to base funding.................................... [598,907] - 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 444,376 444,376 - 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 22,095 22,095 - 120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 3,288 3,288 - 130 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 7,655 7,655 - SUBTOTAL OPERATING FORCES............................................ 969,365 2,918,372 - - ADMIN & SRVWD ACTIVITIES - 140 SERVICEWIDE TRANSPORTATION........................................... 14,533 14,533 - 150 ADMINISTRATION....................................................... 17,231 17,231 - 160 SERVICEWIDE COMMUNICATIONS........................................... 14,304 14,304 - 170 MANPOWER MANAGEMENT.................................................. 6,129 6,129 - 180 RECRUITING AND ADVERTISING........................................... 58,541 58,541 - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 110,738 110,738 - - TOTAL OPERATION & MAINTENANCE, ARMY RES.............................. 1,080,103 3,029,110 - - OPERATION & MAINTENANCE, ARNG - OPERATING FORCES - 010 MANEUVER UNITS....................................................... 0 805,671 - Transfer back to base funding.................................... [805,671] - 020 MODULAR SUPPORT BRIGADES............................................. 0 195,334 - Transfer back to base funding.................................... [195,334] - 030 ECHELONS ABOVE BRIGADE............................................... 0 771,048 - Transfer back to base funding.................................... [771,048] - 040 THEATER LEVEL ASSETS................................................. 0 94,726 - Transfer back to base funding.................................... [94,726] - 050 LAND FORCES OPERATIONS SUPPORT....................................... 0 33,696 - Transfer back to base funding.................................... [33,696] - 060 AVIATION ASSETS...................................................... 0 981,819 - Transfer back to base funding.................................... [981,819] - 070 FORCE READINESS OPERATIONS SUPPORT................................... 743,206 743,206 - 080 LAND FORCES SYSTEMS READINESS........................................ 50,963 50,963 - 090 LAND FORCES DEPOT MAINTENANCE........................................ 0 258,278 - Transfer back to base funding.................................... [258,278] - 100 BASE OPERATIONS SUPPORT.............................................. 0 1,153,076 - Transfer back to base funding.................................... [1,153,076] - 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 1,113,475 1,120,675 - Damage assessment................................................ [7,200] - 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 1,001,042 1,001,042 - 130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 8,448 8,448 - 140 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 7,768 7,768 - SUBTOTAL OPERATING FORCES............................................ 2,924,902 7,225,750 - - ADMIN & SRVWD ACTIVITIES - 150 SERVICEWIDE TRANSPORTATION........................................... 9,890 9,890 - 160 ADMINISTRATION....................................................... 71,070 71,070 - 170 SERVICEWIDE COMMUNICATIONS........................................... 68,213 68,213 - 180 MANPOWER MANAGEMENT.................................................. 8,628 8,628 - 190 OTHER PERSONNEL SUPPORT.............................................. 250,376 247,376 - Unjustified growth for marketing................................. [-1,500] - Unjustified growth for recruiting................................ [-1,500] - 200 REAL ESTATE MANAGEMENT............................................... 2,676 2,676 - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 410,853 407,853 - - TOTAL OPERATION & MAINTENANCE, ARNG.................................. 3,335,755 7,633,603 - - OPERATION & MAINTENANCE, NAVY - OPERATING FORCES - 010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 0 2,877,800 - Transfer back to base funding.................................... [2,877,800] - 020 FLEET AIR TRAINING................................................... 2,284,828 2,284,828 - 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES....................... 0 59,299 - Transfer back to base funding.................................... [59,299] - 040 AIR OPERATIONS AND SAFETY SUPPORT.................................... 155,896 155,896 - 050 AIR SYSTEMS SUPPORT.................................................. 719,107 719,107 - 060 AIRCRAFT DEPOT MAINTENANCE........................................... 0 1,154,181 - Transfer back to base funding.................................... [1,154,181] - 070 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 60,402 60,402 - 080 AVIATION LOGISTICS................................................... 1,241,421 1,241,421 - 090 MISSION AND OTHER SHIP OPERATIONS.................................... 0 4,097,262 - Transfer back to base funding.................................... [4,097,262] - 100 SHIP OPERATIONS SUPPORT & TRAINING................................... 1,031,792 1,031,792 - 110 SHIP DEPOT MAINTENANCE............................................... 0 8,875,298 - Transfer back to base funding.................................... [8,061,298] - UPL SSN and Ship maintenance increase............................ [814,000] - 120 SHIP DEPOT OPERATIONS SUPPORT........................................ 0 2,073,641 - Transfer back to base funding.................................... [2,073,641] - 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE......................... 1,378,856 1,378,856 - 140 SPACE SYSTEMS AND SURVEILLANCE....................................... 276,245 276,245 - 150 WARFARE TACTICS...................................................... 675,209 675,209 - 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY............................. 389,516 389,516 - 170 COMBAT SUPPORT FORCES................................................ 1,536,310 1,536,310 - 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................... 161,579 161,579 - 190 COMBATANT COMMANDERS CORE OPERATIONS................................. 59,521 59,521 - 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT.......................... 93,978 98,978 - Posture site assessments INDOPACOM............................... [5,000] - 210 MILITARY INFORMATION SUPPORT OPERATIONS.............................. 8,641 8,641 - 220 CYBERSPACE ACTIVITIES................................................ 496,385 496,385 - 230 FLEET BALLISTIC MISSILE.............................................. 1,423,339 1,423,339 - 240 WEAPONS MAINTENANCE.................................................. 924,069 924,069 - 250 OTHER WEAPON SYSTEMS SUPPORT......................................... 540,210 540,210 - 260 ENTERPRISE INFORMATION............................................... 1,131,627 1,131,627 - 270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 3,029,634 3,029,634 - 280 BASE OPERATING SUPPORT............................................... 0 4,433,783 - Revised MHPI cost share.......................................... [18,840] - Transfer back to base funding.................................... [4,414,943] - SUBTOTAL OPERATING FORCES............................................ 17,618,565 41,194,829 - - MOBILIZATION - 290 SHIP PREPOSITIONING AND SURGE........................................ 942,902 942,902 - 300 READY RESERVE FORCE.................................................. 352,044 352,044 - 310 SHIP ACTIVATIONS/INACTIVATIONS....................................... 427,555 427,555 - 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS................................ 137,597 137,597 - 330 COAST GUARD SUPPORT.................................................. 24,604 24,604 - SUBTOTAL MOBILIZATION................................................ 1,884,702 1,884,702 - - TRAINING AND RECRUITING - 340 OFFICER ACQUISITION.................................................. 150,765 150,765 - 350 RECRUIT TRAINING..................................................... 11,584 11,584 - 360 RESERVE OFFICERS TRAINING CORPS...................................... 159,133 159,133 - 370 SPECIALIZED SKILL TRAINING........................................... 911,316 911,316 - 380 PROFESSIONAL DEVELOPMENT EDUCATION................................... 185,211 185,211 - 390 TRAINING SUPPORT..................................................... 267,224 267,224 - 400 RECRUITING AND ADVERTISING........................................... 209,252 189,252 - Unjustified growth............................................... [-20,000] - 410 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 88,902 88,902 - 420 CIVILIAN EDUCATION AND TRAINING...................................... 67,492 67,492 - 430 JUNIOR ROTC.......................................................... 55,164 55,164 - SUBTOTAL TRAINING AND RECRUITING..................................... 2,106,043 2,086,043 - - ADMIN & SRVWD ACTIVITIES - 440 ADMINISTRATION....................................................... 1,143,358 1,092,358 - Decrease......................................................... [-1,000] - Unjustified audit growth......................................... [-50,000] - 450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................... 178,342 178,342 - 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 418,413 418,413 - 490 SERVICEWIDE TRANSPORTATION........................................... 157,465 157,465 - 510 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................... 485,397 490,397 - REPO............................................................. [5,000] - 520 ACQUISITION, LOGISTICS, AND OVERSIGHT................................ 654,137 654,137 - 530 INVESTIGATIVE AND SECURITY SERVICES.................................. 718,061 718,061 - 9999 CLASSIFIED PROGRAMS.................................................. 588,235 591,535 - Transfer back to base funding.................................... [3,300] - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 4,343,408 4,300,708 - - UNDISTRIBUTED - 999 UNDISTRIBUTED........................................................ 0 3,000 - Cyber operations-peculiar capability development projects........ [3,000] - SUBTOTAL UNDISTRIBUTED............................................... 0 3,000 - - TOTAL OPERATION & MAINTENANCE, NAVY.................................. 25,952,718 49,469,282 - - OPERATION & MAINTENANCE, MARINE CORPS - OPERATING FORCES - 010 OPERATIONAL FORCES................................................... 0 968,224 - Transfer back to base funding.................................... [968,224] - 020 FIELD LOGISTICS...................................................... 1,278,533 1,278,533 - 030 DEPOT MAINTENANCE.................................................... 0 232,991 - Transfer back to base funding.................................... [232,991] - 040 MARITIME PREPOSITIONING.............................................. 0 100,396 - Transfer back to base funding.................................... [100,396] - 050 CYBERSPACE ACTIVITIES................................................ 203,580 203,580 - 060 SUSTAINMENT, RESTORATION & MODERNIZATION............................. 1,115,742 1,559,034 - Transfer back to base funding.................................... [443,292] - 070 BASE OPERATING SUPPORT............................................... 0 2,253,776 - Transfer back to base funding.................................... [2,253,776] - SUBTOTAL OPERATING FORCES............................................ 2,597,855 6,596,534 - - TRAINING AND RECRUITING - 080 RECRUIT TRAINING..................................................... 21,240 21,240 - 090 OFFICER ACQUISITION.................................................. 1,168 1,168 - 100 SPECIALIZED SKILL TRAINING........................................... 106,601 106,601 - 110 PROFESSIONAL DEVELOPMENT EDUCATION................................... 49,095 49,095 - 120 TRAINING SUPPORT..................................................... 407,315 407,315 - 130 RECRUITING AND ADVERTISING........................................... 210,475 210,475 - 140 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 42,810 42,810 - 150 JUNIOR ROTC.......................................................... 25,183 25,183 - SUBTOTAL TRAINING AND RECRUITING..................................... 863,887 863,887 - - ADMIN & SRVWD ACTIVITIES - 160 SERVICEWIDE TRANSPORTATION........................................... 29,894 29,894 - 170 ADMINISTRATION....................................................... 384,352 384,352 - 9999 CLASSIFIED PROGRAMS.................................................. 52,057 52,057 - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 466,303 466,303 - - UNDISTRIBUTED - 999 UNDISTRIBUTED........................................................ 0 3,000 - Cyber operations-peculiar capability development................. [3,000] - SUBTOTAL UNDISTRIBUTED............................................... 0 3,000 - - TOTAL OPERATION & MAINTENANCE, MARINE CORPS.......................... 3,928,045 7,929,724 + TITLE XLIV--MILITARY PERSONNEL + +Sec. 4401. Military personnel. +Sec. 4402. Military personnel for overseas contingency operations. + + TITLE XLV--OTHER AUTHORIZATIONS + +Sec. 4501. Other authorizations. +Sec. 4502. Other authorizations for overseas contingency operations. + + TITLE XLVI--MILITARY CONSTRUCTION + +Sec. 4601. Military construction. +Sec. 4602. Military construction for overseas contingency operations. +Sec. 4603. Military construction for emergency requirements. + + TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS + +Sec. 4701. Department of energy national security programs. +SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. + (a) In General.--Whenever a funding table in this division +specifies a dollar amount authorized for a project, program, or +activity, the obligation and expenditure of the specified dollar amount +for the project, program, or activity is hereby authorized, subject to +the availability of appropriations. + (b) Merit-based Decisions.--A decision to commit, obligate, or +expend funds with or to a specific entity on the basis of a dollar +amount authorized pursuant to subsection (a) shall-- + (1) be based on merit-based selection procedures in accordance + with the requirements of sections 2304(k) and 2374 of title 10, + United States Code, or on competitive procedures; and + (2) comply with other applicable provisions of law. + (c) Relationship to Transfer and Programming Authority.--An amount +specified in the funding tables in this division may be transferred or +reprogrammed under a transfer or reprogramming authority provided by +another provision of this Act or by other law. The transfer or +reprogramming of an amount specified in such funding tables shall not +count against a ceiling on such transfers or reprogrammings under +section 1001 or section 1522 of this Act or any other provision of law, +unless such transfer or reprogramming would move funds between +appropriation accounts. + (d) Applicability to Classified Annex.--This section applies to any +classified annex that accompanies this Act. + (e) Oral Written Communications.--No oral or written communication +concerning any amount specified in the funding tables in this division +shall supersede the requirements of this section. + + TITLE XLI--PROCUREMENT + +Sec. 4101. Procurement. +Sec. 4102. Procurement for overseas contingency operations. +Sec. 4103. Procurement for emergency requirements. +SEC. 4101. PROCUREMENT. + + +------------------------------------------------------------------------ + SEC. 4101. PROCUREMENT (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Line Item Request Authorized +------------------------------------------------------------------------ + AIRCRAFT PROCUREMENT, + ARMY + FIXED WING +002 UTILITY F/W AIRCRAFT. 16,000 0 + Early to need.... [-16,000] +004 RQ-11 (RAVEN)........ 23,510 21,420 + Unit cost growth. [-2,090] + ROTARY +005 TACTICAL UNMANNED 12,100 6,100 + AIRCRAFT SYSTEM + (TUAS). + Program reduction [-6,000] +007 HELICOPTER, LIGHT 11,000 + UTILITY (LUH). + Program increase [11,000] + for sustainment + improvements. +008 AH-64 APACHE BLOCK 806,849 798,785 + IIIA REMAN. + Unjustified cost [-8,064] + growth. +009 AH-64 APACHE BLOCK 190,870 190,870 + IIIA REMAN. +012 UH-60 BLACKHAWK M 1,411,540 1,397,740 + MODEL (MYP). + Unit cost growth. [-13,800] +013 UH-60 BLACKHAWK M 79,572 79,572 + MODEL (MYP). +014 UH-60 BLACK HAWK L 169,290 169,290 + AND V MODELS. +015 CH-47 HELICOPTER..... 140,290 131,290 + Unit cost growth. [-9,000] +016 CH-47 HELICOPTER..... 18,186 46,186 + Advance [28,000] + procurement for + CH-47F Block II. + MODIFICATION OF + AIRCRAFT +019 UNIVERSAL GROUND 2,090 2,090 + CONTROL EQUIPMENT + (UAS). +020 GRAY EAGLE MODS2..... 14,699 14,699 +021 MULTI SENSOR ABN 35,189 35,189 + RECON (MIP). +022 AH-64 MODS........... 58,172 58,172 +023 CH-47 CARGO 11,785 11,785 + HELICOPTER MODS + (MYP). +024 GRCS SEMA MODS (MIP). 5,677 5,677 +025 ARL SEMA MODS (MIP).. 6,566 6,566 +026 EMARSS SEMA MODS 3,859 3,859 + (MIP). +027 UTILITY/CARGO 15,476 13,476 + AIRPLANE MODS. + Unit cost [-2,000] + discrepancy. +028 UTILITY HELICOPTER 6,744 6,744 + MODS. +029 NETWORK AND MISSION 105,442 98,442 + PLAN. + Cost growth...... [-7,000] +030 COMMS, NAV 164,315 164,315 + SURVEILLANCE. +032 GATM ROLLUP.......... 30,966 30,966 +033 RQ-7 UAV MODS........ 8,983 8,983 +034 UAS MODS............. 10,205 10,205 + GROUND SUPPORT + AVIONICS +035 AIRCRAFT 52,297 52,297 + SURVIVABILITY + EQUIPMENT. +036 SURVIVABILITY CM..... 8,388 8,388 +037 CMWS................. 13,999 13,999 +038 COMMON INFRARED 168,784 168,784 + COUNTERMEASURES + (CIRCM). + OTHER SUPPORT +039 AVIONICS SUPPORT 1,777 1,777 + EQUIPMENT. +040 COMMON GROUND 18,624 18,624 + EQUIPMENT. +041 AIRCREW INTEGRATED 48,255 48,255 + SYSTEMS. +042 AIR TRAFFIC CONTROL.. 32,738 32,738 +044 LAUNCHER, 2.75 ROCKET 2,201 2,201 +045 LAUNCHER GUIDED 991 991 + MISSILE: LONGBOW + HELLFIRE XM2. + TOTAL AIRCRAFT 3,696,429 3,671,475 + PROCUREMENT, + ARMY. - OPERATION & MAINTENANCE, NAVY RES - OPERATING FORCES - 010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 0 654,220 - Transfer back to base funding.................................... [654,220] - 020 INTERMEDIATE MAINTENANCE............................................. 8,767 8,767 - 030 AIRCRAFT DEPOT MAINTENANCE........................................... 0 108,236 - Transfer back to base funding.................................... [108,236] - 040 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 463 463 - 050 AVIATION LOGISTICS................................................... 26,014 26,014 - 060 SHIP OPERATIONS SUPPORT & TRAINING................................... 583 583 - 070 COMBAT COMMUNICATIONS................................................ 17,883 17,883 - 080 COMBAT SUPPORT FORCES................................................ 128,079 128,079 - 090 CYBERSPACE ACTIVITIES................................................ 356 356 - 100 ENTERPRISE INFORMATION............................................... 26,133 26,133 - 110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 35,397 35,397 - 120 BASE OPERATING SUPPORT............................................... 0 101,376 - Transfer back to base funding.................................... [101,376] - SUBTOTAL OPERATING FORCES............................................ 243,675 1,107,507 + MISSILE PROCUREMENT, + ARMY + SURFACE-TO-AIR + MISSILE SYSTEM +001 SYSTEM INTEGRATION 113,857 113,857 + AND TEST PROCUREMENT. +002 M-SHORAD--PROCUREMENT 103,800 71,800 + Early to need.... [-32,000] +003 MSE MISSILE.......... 698,603 698,603 +004 INDIRECT FIRE 9,337 9,337 + PROTECTION + CAPABILITY INC 2-I. + AIR-TO-SURFACE + MISSILE SYSTEM +006 HELLFIRE SYS SUMMARY. 193,284 186,084 + Unit cost growth. [-7,200] +007 JOINT AIR-TO-GROUND 233,353 199,295 + MSLS (JAGM). + Contract and [-34,058] + schedule delays. + ANTI-TANK/ASSAULT + MISSILE SYS +008 JAVELIN (AAWS-M) 138,405 138,405 + SYSTEM SUMMARY. +009 TOW 2 SYSTEM SUMMARY. 114,340 107,958 + Unit cost growth. [-6,382] +010 TOW 2 SYSTEM SUMMARY. 10,500 10,500 +011 GUIDED MLRS ROCKET 797,213 767,213 + (GMLRS). + Program [-30,000] + adjustment. +012 MLRS REDUCED RANGE 27,555 27,555 + PRACTICE ROCKETS + (RRPR). +014 ARMY TACTICAL MSL SYS 209,842 170,013 + (ATACMS)--SYS SUM. + Excess to need... [-39,829] + MODIFICATIONS +016 PATRIOT MODS......... 279,464 279,464 +017 ATACMS MODS.......... 85,320 80,320 + Unit cost growth. [-5,000] +018 GMLRS MOD............ 5,094 5,094 +019 STINGER MODS......... 81,615 81,615 +020 AVENGER MODS......... 14,107 14,107 +021 ITAS/TOW MODS........ 3,469 3,469 +022 MLRS MODS............ 39,019 39,019 +023 HIMARS MODIFICATIONS. 12,483 12,483 + SPARES AND REPAIR + PARTS +024 SPARES AND REPAIR 26,444 26,444 + PARTS. + SUPPORT EQUIPMENT & + FACILITIES +025 AIR DEFENSE TARGETS.. 10,593 10,593 + TOTAL MISSILE 3,207,697 3,053,228 + PROCUREMENT, + ARMY. - ADMIN & SRVWD ACTIVITIES - 130 ADMINISTRATION....................................................... 1,888 1,888 - 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 12,778 12,778 - 150 ACQUISITION AND PROGRAM MANAGEMENT................................... 2,943 2,943 - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 17,609 17,609 + PROCUREMENT OF W&TCV, + ARMY + TRACKED COMBAT + VEHICLES +002 ARMORED MULTI PURPOSE 264,040 230,307 + VEHICLE (AMPV). + Program reduction [-33,733] + MODIFICATION OF + TRACKED COMBAT + VEHICLES +003 STRYKER (MOD)........ 144,387 393,587 + Accelerate [249,200] + Stryker medium + caliber weapon + system--Army + unfunded priority. +004 STRYKER UPGRADE...... 550,000 522,962 + Unit cost growth. [-27,038] +005 BRADLEY PROGRAM (MOD) 638,781 573,781 + Program decrease. [-65,000] +006 M109 FOV 25,756 25,756 + MODIFICATIONS. +007 PALADIN INTEGRATED 553,425 553,425 + MANAGEMENT (PIM). +009 ASSAULT BRIDGE (MOD). 2,821 2,821 +010 ASSAULT BREACHER 31,697 31,697 + VEHICLE. +011 M88 FOV MODS......... 4,500 4,500 +012 JOINT ASSAULT BRIDGE. 205,517 205,517 +013 M1 ABRAMS TANK (MOD). 348,800 401,800 + Test support [-7,000] + excess to need. + Vehicle [60,000] + protection system + for one armored + brigade. +014 ABRAMS UPGRADE 1,752,784 1,752,784 + PROGRAM. + WEAPONS & OTHER + COMBAT VEHICLES +016 MULTI-ROLE ANTI-ARMOR 19,420 19,420 + ANTI-PERSONNEL + WEAPONS. +017 GUN AUTOMATIC 30MM 20,000 5,042 + M230. + Program reduction [-14,958] +019 MORTAR SYSTEMS....... 14,907 14,907 +020 XM320 GRENADE 191 191 + LAUNCHER MODULE + (GLM). +021 PRECISION SNIPER 7,977 7,977 + RIFLE. +022 COMPACT SEMI- 9,860 9,860 + AUTOMATIC SNIPER + SYSTEM. +023 CARBINE.............. 30,331 30,331 +024 SMALL ARMS--FIRE 8,060 0 + CONTROL. + Late contract [-8,060] + award. +025 COMMON REMOTELY 24,007 24,007 + OPERATED WEAPONS + STATION. +026 HANDGUN.............. 6,174 6,174 + MOD OF WEAPONS AND + OTHER COMBAT VEH +028 MK-19 GRENADE MACHINE 3,737 3,737 + GUN MODS. +029 M777 MODS............ 2,367 2,367 +030 M4 CARBINE MODS...... 17,595 17,595 +033 M240 MEDIUM MACHINE 8,000 8,000 + GUN MODS. +034 SNIPER RIFLES 2,426 2,426 + MODIFICATIONS. +035 M119 MODIFICATIONS... 6,269 6,269 +036 MORTAR MODIFICATION.. 1,693 1,693 +037 MODIFICATIONS LESS 4,327 4,327 + THAN $5.0M (WOCV- + WTCV). + SUPPORT EQUIPMENT & + FACILITIES +038 ITEMS LESS THAN $5.0M 3,066 3,066 + (WOCV-WTCV). +039 PRODUCTION BASE 2,651 2,651 + SUPPORT (WOCV-WTCV). + TOTAL 4,715,566 4,868,977 + PROCUREMENT OF + W&TCV, ARMY. - TOTAL OPERATION & MAINTENANCE, NAVY RES.............................. 261,284 1,125,116 + PROCUREMENT OF + AMMUNITION, ARMY + SMALL/MEDIUM CAL + AMMUNITION +001 CTG, 5.56MM, ALL 68,949 65,520 + TYPES. + Prior-year [-3,429] + carryover. +002 CTG, 7.62MM, ALL 114,228 112,228 + TYPES. + Prior-year [-2,000] + carryover. +003 CTG, HANDGUN, ALL 17,807 17,807 + TYPES. +004 CTG, .50 CAL, ALL 63,966 63,966 + TYPES. +005 CTG, 20MM, ALL TYPES. 35,920 27,920 + Unit cost growth. [-8,000] +006 CTG, 25MM, ALL TYPES. 8,990 8,990 +007 CTG, 30MM, ALL TYPES. 68,813 65,337 + Prior-year carry [-1,134] + over. + Program [-2,342] + adjustment. +008 CTG, 40MM, ALL TYPES. 103,952 103,952 + MORTAR AMMUNITION +009 60MM MORTAR, ALL 50,580 49,580 + TYPES. + Unit cost [-1,000] + discrepancy. +010 81MM MORTAR, ALL 59,373 44,673 + TYPES. + Contract delays.. [-14,700] +011 120MM MORTAR, ALL 125,452 123,452 + TYPES. + Unit cost growth. [-2,000] + TANK AMMUNITION +012 CARTRIDGES, TANK, 171,284 120,464 + 105MM AND 120MM, ALL + TYPES. + Unit cost growth. [-50,820] + ARTILLERY AMMUNITION +013 ARTILLERY CARTRIDGES, 44,675 44,675 + 75MM & 105MM, ALL + TYPES. +014 ARTILLERY PROJECTILE, 266,037 266,037 + 155MM, ALL TYPES. +015 PROJ 155MM EXTENDED 57,434 57,434 + RANGE M982. +016 ARTILLERY 271,602 268,022 + PROPELLANTS, FUZES + AND PRIMERS, ALL. + Cost growth and [-3,580] + unjustified + product + improvements. + MINES +017 MINES & CLEARING 55,433 39,239 + CHARGES, ALL TYPES. + Contract delay... [-16,194] + ROCKETS +018 SHOULDER LAUNCHED 74,878 74,878 + MUNITIONS, ALL TYPES. +019 ROCKET, HYDRA 70, ALL 175,994 165,994 + TYPES. + Excess support [-10,000] + costs. + OTHER AMMUNITION +020 CAD/PAD, ALL TYPES... 7,595 7,595 +021 DEMOLITION MUNITIONS, 51,651 51,651 + ALL TYPES. +022 GRENADES, ALL TYPES.. 40,592 40,592 +023 SIGNALS, ALL TYPES... 18,609 18,609 +024 SIMULATORS, ALL TYPES 16,054 16,054 + MISCELLANEOUS +025 AMMO COMPONENTS, ALL 5,261 5,261 + TYPES. +026 NON-LETHAL 715 715 + AMMUNITION, ALL + TYPES. +027 ITEMS LESS THAN $5 9,213 9,213 + MILLION (AMMO). +028 AMMUNITION PECULIAR 10,044 10,044 + EQUIPMENT. +029 FIRST DESTINATION 18,492 18,492 + TRANSPORTATION + (AMMO). +030 CLOSEOUT LIABILITIES. 99 99 + PRODUCTION BASE + SUPPORT +031 INDUSTRIAL FACILITIES 474,511 474,511 +032 CONVENTIONAL 202,512 202,512 + MUNITIONS + DEMILITARIZATION. +033 ARMS INITIATIVE...... 3,833 3,833 + TOTAL 2,694,548 2,579,349 + PROCUREMENT OF + AMMUNITION, ARMY. - OPERATION & MAINTENANCE, MC RESERVE - OPERATING FORCES - 010 OPERATING FORCES..................................................... 0 106,484 - Transfer back to base funding.................................... [106,484] - 020 DEPOT MAINTENANCE.................................................... 0 18,429 - Transfer back to base funding.................................... [18,429] - 030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 47,516 47,516 - 040 BASE OPERATING SUPPORT............................................... 0 106,073 - Transfer back to base funding.................................... [106,073] - SUBTOTAL OPERATING FORCES............................................ 47,516 278,502 + OTHER PROCUREMENT, + ARMY + TACTICAL VEHICLES +001 TACTICAL TRAILERS/ 12,993 12,993 + DOLLY SETS. +002 SEMITRAILERS, 102,386 102,386 + FLATBED:. +003 AMBULANCE, 4 LITTER, 127,271 127,271 + 5/4 TON, 4X4. +004 GROUND MOBILITY 37,038 35,038 + VEHICLES (GMV). + Unit cost growth. [-2,000] +006 JOINT LIGHT TACTICAL 996,007 976,507 + VEHICLE. + Army requested [-4,500] + transfer to RDTE, + A line 169. + Simulator delay.. [-15,000] +007 TRUCK, DUMP, 20T 10,838 10,838 + (CCE). +008 FAMILY OF MEDIUM 72,057 138,057 + TACTICAL VEH (FMTV). + Program increase. [66,000] +009 FIRETRUCKS & 28,048 28,048 + ASSOCIATED + FIREFIGHTING EQUIP. +010 FAMILY OF HEAVY 9,969 9,969 + TACTICAL VEHICLES + (FHTV). +011 PLS ESP.............. 6,280 6,280 +012 HVY EXPANDED MOBILE 30,841 95,185 + TACTICAL TRUCK EXT + SERV. + Program increase. [64,344] +013 HMMWV 5,734 5,734 + RECAPITALIZATION + PROGRAM. +014 TACTICAL WHEELED 45,113 45,113 + VEHICLE PROTECTION + KITS. +015 MODIFICATION OF IN 58,946 58,946 + SVC EQUIP. + NON-TACTICAL VEHICLES +017 HEAVY ARMORED VEHICLE 791 791 +018 PASSENGER CARRYING 1,416 1,416 + VEHICLES. +019 NONTACTICAL VEHICLES, 29,891 29,891 + OTHER. + COMM--JOINT + COMMUNICATIONS +021 SIGNAL MODERNIZATION 153,933 143,933 + PROGRAM. + Excess funding [-10,000] + for spares. +022 TACTICAL NETWORK 387,439 411,439 + TECHNOLOGY MOD IN + SVC. + ITN-M for one [24,000] + armored brigade + combat team. +023 SITUATION INFORMATION 46,693 46,693 + TRANSPORT. +025 JCSE EQUIPMENT 5,075 5,075 + (USRDECOM). + COMM--SATELLITE + COMMUNICATIONS +028 DEFENSE ENTERPRISE 101,189 101,189 + WIDEBAND SATCOM + SYSTEMS. +029 TRANSPORTABLE 77,141 77,141 + TACTICAL COMMAND + COMMUNICATIONS. +030 SHF TERM............. 16,054 16,054 +031 ASSURED POSITIONING, 41,074 33,674 + NAVIGATION AND + TIMING. + Program [-7,400] + cancellation. +032 SMART-T (SPACE)...... 10,515 10,515 +033 GLOBAL BRDCST SVC-- 11,800 11,800 + GBS. +034 ENROUTE MISSION 8,609 8,609 + COMMAND (EMC). + COMM--C3 SYSTEM +038 COE TACTICAL SERVER 77,533 57,533 + INFRASTRUCTURE (TSI). + Program reduction [-20,000] + COMM--COMBAT + COMMUNICATIONS +039 HANDHELD MANPACK 468,026 488,026 + SMALL FORM FIT (HMS). + SFAB technology [20,000] + refresh. +040 RADIO TERMINAL SET, 23,778 23,778 + MIDS LVT(2). +044 SPIDER FAMILY OF 10,930 10,930 + NETWORKED MUNITIONS + INCR. +046 UNIFIED COMMAND SUITE 9,291 9,291 +047 COTS COMMUNICATIONS 55,630 55,630 + EQUIPMENT. +048 FAMILY OF MED COMM 16,590 16,590 + FOR COMBAT CASUALTY + CARE. +049 ARMY COMMUNICATIONS & 43,457 43,457 + ELECTRONICS. + COMM--INTELLIGENCE + COMM +051 CI AUTOMATION 10,470 10,470 + ARCHITECTURE (MIP). +052 DEFENSE MILITARY 3,704 3,704 + DECEPTION INITIATIVE. + INFORMATION SECURITY +053 FAMILY OF BIOMETRICS. 1,000 1,000 +054 INFORMATION SYSTEM 3,600 3,600 + SECURITY PROGRAM- + ISSP. +055 COMMUNICATIONS 160,899 147,097 + SECURITY (COMSEC). + Unit cost growth. [-13,802] +056 DEFENSIVE CYBER 61,962 61,962 + OPERATIONS. +057 INSIDER THREAT 756 756 + PROGRAM--UNIT + ACTIVITY MONITO. +058 PERSISTENT CYBER 3,000 3,000 + TRAINING ENVIRONMENT. + COMM--LONG HAUL + COMMUNICATIONS +059 BASE SUPPORT 31,770 31,770 + COMMUNICATIONS. + COMM--BASE + COMMUNICATIONS +060 INFORMATION SYSTEMS.. 159,009 159,009 +061 EMERGENCY MANAGEMENT 4,854 4,854 + MODERNIZATION + PROGRAM. +062 HOME STATION MISSION 47,174 47,174 + COMMAND CENTERS + (HSMCC). +063 INSTALLATION INFO 297,994 265,494 + INFRASTRUCTURE MOD + PROGRAM. + Insufficient [-32,500] + budget + justification. + ELECT EQUIP--TACT INT + REL ACT (TIARA) +066 JTT/CIBS-M (MIP)..... 7,686 7,686 +068 DCGS-A (MIP)......... 180,350 180,350 +070 TROJAN (MIP)......... 17,368 17,368 +071 MOD OF IN-SVC EQUIP 59,052 59,052 + (INTEL SPT) (MIP). + ELECT EQUIP-- + ELECTRONIC WARFARE + (EW) +077 LIGHTWEIGHT COUNTER 5,400 5,400 + MORTAR RADAR. +078 EW PLANNING & 7,568 7,568 + MANAGEMENT TOOLS + (EWPMT). +079 AIR VIGILANCE (AV) 8,953 8,953 + (MIP). +081 MULTI-FUNCTION 6,420 3,220 + ELECTRONIC WARFARE + (MFEW) SYST. + Program reduction [-3,200] +083 COUNTERINTELLIGENCE/ 501 501 + SECURITY + COUNTERMEASURES. +084 CI MODERNIZATION 121 121 + (MIP). + ELECT EQUIP--TACTICAL + SURV. (TAC SURV) +085 SENTINEL MODS........ 115,210 114,210 + Excess support [-1,000] + costs. +086 NIGHT VISION DEVICES. 236,604 160,379 + Insufficient [-76,225] + justification + (IVAS). +088 SMALL TACTICAL 22,623 22,623 + OPTICAL RIFLE + MOUNTED MLRF. +090 INDIRECT FIRE 29,127 29,127 + PROTECTION FAMILY OF + SYSTEMS. +091 FAMILY OF WEAPON 120,883 81,541 + SIGHTS (FWS). + Excess unit cost [-39,342] + growth. +094 JOINT BATTLE COMMAND-- 265,667 256,567 + PLATFORM (JBC-P). + Program [-9,100] + adjustment. +095 JOINT EFFECTS 69,720 44,720 + TARGETING SYSTEM + (JETS). + Program delay.... [-25,000] +096 MOD OF IN-SVC EQUIP 6,044 6,044 + (LLDR). +097 COMPUTER BALLISTICS: 3,268 3,268 + LHMBC XM32. +098 MORTAR FIRE CONTROL 13,199 13,199 + SYSTEM. +099 MORTAR FIRE CONTROL 10,000 10,000 + SYSTEMS + MODIFICATIONS. +100 COUNTERFIRE RADARS... 16,416 16,416 + ELECT EQUIP--TACTICAL + C2 SYSTEMS +102 FIRE SUPPORT C2 13,197 13,197 + FAMILY. +103 AIR & MSL DEFENSE 24,730 24,730 + PLANNING & CONTROL + SYS. +104 IAMD BATTLE COMMAND 29,629 29,629 + SYSTEM. +105 LIFE CYCLE SOFTWARE 6,774 6,774 + SUPPORT (LCSS). +106 NETWORK MANAGEMENT 24,448 24,448 + INITIALIZATION AND + SERVICE. +107 MANEUVER CONTROL 260 260 + SYSTEM (MCS). +108 GLOBAL COMBAT SUPPORT 17,962 17,962 + SYSTEM-ARMY (GCSS-A). +109 INTEGRATED PERSONNEL 18,674 8,674 + AND PAY SYSTEM-ARMY + (IPP. + Poor business [-10,000] + process + reengineering. +110 RECONNAISSANCE AND 11,000 11,000 + SURVEYING INSTRUMENT + SET. +111 MOD OF IN-SVC 7,317 15,317 + EQUIPMENT (ENFIRE). + Program increase-- [8,000] + land surveying + systems. + ELECT EQUIP-- + AUTOMATION +112 ARMY TRAINING 14,578 14,578 + MODERNIZATION. +113 AUTOMATED DATA 139,342 129,342 + PROCESSING EQUIP. + Program decrease. [-5,000] + Unjustified [-5,000] + growth. +114 GENERAL FUND 15,802 15,802 + ENTERPRISE BUSINESS + SYSTEMS FAM. +115 HIGH PERF COMPUTING 67,610 67,610 + MOD PGM (HPCMP). +116 CONTRACT WRITING 15,000 6,000 + SYSTEM. + Program [-9,000] + duplication. +117 CSS COMMUNICATIONS... 24,700 24,700 +118 RESERVE COMPONENT 27,879 27,879 + AUTOMATION SYS + (RCAS). + ELECT EQUIP--AUDIO + VISUAL SYS (A/V) +120 ITEMS LESS THAN $5M 5,000 5,000 + (SURVEYING + EQUIPMENT). + ELECT EQUIP--SUPPORT +122 BCT EMERGING 22,302 10,302 + TECHNOLOGIES. + Program reduction [-12,000] + CLASSIFIED PROGRAMS +122A CLASSIFIED PROGRAMS.. 11,910 11,910 + CHEMICAL DEFENSIVE + EQUIPMENT +126 CBRN DEFENSE......... 25,828 25,828 +127 SMOKE & OBSCURANT 5,050 5,050 + FAMILY: SOF (NON AAO + ITEM). + BRIDGING EQUIPMENT +128 TACTICAL BRIDGING.... 59,821 57,821 + Contract delays.. [-2,000] +129 TACTICAL BRIDGE, 57,661 57,661 + FLOAT-RIBBON. +130 BRIDGE SUPPLEMENTAL 17,966 17,966 + SET. +131 COMMON BRIDGE 43,155 43,155 + TRANSPORTER (CBT) + RECAP. + ENGINEER (NON- + CONSTRUCTION) + EQUIPMENT +132 HANDHELD STANDOFF 7,570 7,570 + MINEFIELD DETECTION + SYS-HST. +133 GRND STANDOFF MINE 37,025 37,025 + DETECTN SYSM + (GSTAMIDS). +135 HUSKY MOUNTED 83,082 47,899 + DETECTION SYSTEM + (HMDS). + Unjustified unit [-35,183] + cost growth. +136 ROBOTIC COMBAT 2,000 2,000 + SUPPORT SYSTEM + (RCSS). +137 EOD ROBOTICS SYSTEMS 23,115 23,115 + RECAPITALIZATION. +138 ROBOTICS AND APPLIQUE 101,056 101,056 + SYSTEMS. +140 RENDER SAFE SETS KITS 18,684 18,684 + OUTFITS. +142 FAMILY OF BOATS AND 8,245 6,245 + MOTORS. + Unit cost growth. [-2,000] + COMBAT SERVICE + SUPPORT EQUIPMENT +143 HEATERS AND ECU'S.... 7,336 7,336 +145 PERSONNEL RECOVERY 4,281 4,281 + SUPPORT SYSTEM + (PRSS). +146 GROUND SOLDIER SYSTEM 111,955 111,955 +147 MOBILE SOLDIER POWER. 31,364 29,943 + Unit cost growth. [-1,421] +149 FIELD FEEDING 1,673 1,673 + EQUIPMENT. +150 CARGO AERIAL DEL & 43,622 43,622 + PERSONNEL PARACHUTE + SYSTEM. +151 FAMILY OF ENGR COMBAT 11,451 11,451 + AND CONSTRUCTION + SETS. +152 ITEMS LESS THAN $5M 5,167 5,167 + (ENG SPT). + PETROLEUM EQUIPMENT +154 DISTRIBUTION SYSTEMS, 74,867 74,867 + PETROLEUM & WATER. + MEDICAL EQUIPMENT +155 COMBAT SUPPORT 68,225 68,225 + MEDICAL. + MAINTENANCE EQUIPMENT +156 MOBILE MAINTENANCE 55,053 55,053 + EQUIPMENT SYSTEMS. +157 ITEMS LESS THAN $5.0M 5,608 5,608 + (MAINT EQ). + CONSTRUCTION + EQUIPMENT +161 HYDRAULIC EXCAVATOR.. 500 500 +162 TRACTOR, FULL TRACKED 4,835 4,835 +163 ALL TERRAIN CRANES... 23,936 23,936 +164 HIGH MOBILITY 27,188 27,188 + ENGINEER EXCAVATOR + (HMEE). +166 CONST EQUIP ESP...... 34,790 34,790 +167 ITEMS LESS THAN $5.0M 4,381 4,381 + (CONST EQUIP). + RAIL FLOAT + CONTAINERIZATION + EQUIPMENT +168 ARMY WATERCRAFT ESP.. 35,194 35,194 +169 MANEUVER SUPPORT 14,185 14,185 + VESSEL (MSV). +170 ITEMS LESS THAN $5.0M 6,920 6,920 + (FLOAT/RAIL). + GENERATORS +171 GENERATORS AND 58,566 58,566 + ASSOCIATED EQUIP. +172 TACTICAL ELECTRIC 14,814 14,814 + POWER + RECAPITALIZATION. + MATERIAL HANDLING + EQUIPMENT +173 FAMILY OF FORKLIFTS.. 14,864 14,864 + TRAINING EQUIPMENT +174 COMBAT TRAINING 123,411 123,411 + CENTERS SUPPORT. +175 TRAINING DEVICES, 220,707 220,707 + NONSYSTEM. +176 SYNTHETIC TRAINING 20,749 15,749 + ENVIRONMENT (STE). + Program [-5,000] + adjustment. +178 AVIATION COMBINED 4,840 4,840 + ARMS TACTICAL + TRAINER. +179 GAMING TECHNOLOGY IN 15,463 15,463 + SUPPORT OF ARMY + TRAINING. + TEST MEASURE AND DIG + EQUIPMENT (TMD) +180 CALIBRATION SETS 3,030 3,030 + EQUIPMENT. +181 INTEGRATED FAMILY OF 76,980 76,980 + TEST EQUIPMENT + (IFTE). +182 TEST EQUIPMENT 16,415 13,415 + MODERNIZATION + (TEMOD). + Historical [-3,000] + underexecution. + OTHER SUPPORT + EQUIPMENT +184 RAPID EQUIPPING 9,877 9,877 + SOLDIER SUPPORT + EQUIPMENT. +185 PHYSICAL SECURITY 82,158 82,158 + SYSTEMS (OPA3). +186 BASE LEVEL COMMON 15,340 15,340 + EQUIPMENT. +187 MODIFICATION OF IN- 50,458 50,458 + SVC EQUIPMENT (OPA- + 3). +189 BUILDING, PRE-FAB, 14,400 14,400 + RELOCATABLE. +190 SPECIAL EQUIPMENT FOR 9,821 9,821 + USER TESTING. + OPA2 +192 INITIAL SPARES--C&E.. 9,757 9,757 + TOTAL OTHER 7,451,301 7,284,972 + PROCUREMENT, + ARMY. - ADMIN & SRVWD ACTIVITIES - 050 ADMINISTRATION....................................................... 13,574 13,574 - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 13,574 13,574 + AIRCRAFT PROCUREMENT, + NAVY + COMBAT AIRCRAFT +001 F/A-18E/F (FIGHTER) 1,748,934 1,730,360 + HORNET. + ECO and ancillary [-18,574] + equipment excess + growth. +002 F/A-18E/F (FIGHTER) 55,128 51,180 + HORNET. + Excess engine [-3,948] + cost growth. +003 JOINT STRIKE FIGHTER 2,272,301 2,217,821 + CV. + Target cost [-54,480] + savings. +004 JOINT STRIKE FIGHTER 339,053 339,053 + CV. +005 JSF STOVL............ 1,342,035 1,266,301 + Target cost [-75,734] + savings. +006 JSF STOVL............ 291,804 291,804 +007 CH-53K (HEAVY LIFT).. 807,876 807,876 +008 CH-53K (HEAVY LIFT).. 215,014 215,014 +009 V-22 (MEDIUM LIFT)... 966,666 1,214,766 + Program increase. [248,100] +010 V-22 (MEDIUM LIFT)... 27,104 27,104 +011 H-1 UPGRADES (UH-1Y/ 62,003 53,003 + AH-1Z). + Production line [-9,000] + shutdown excess + to need. +013 MH-60R (MYP)......... 894 894 +014 P-8A POSEIDON........ 1,206,701 1,680,601 + Line shutdown [-67,300] + costs early to + need. + Navy unfunded [541,200] + priority. +016 E-2D ADV HAWKEYE..... 744,484 900,284 + Navy unfunded [173,000] + priority. + NRE excess cost [-17,200] + growth. +017 E-2D ADV HAWKEYE..... 190,204 190,204 + TRAINER AIRCRAFT +019 ADVANCED HELICOPTER 261,160 261,160 + TRAINING SYSTEM. + OTHER AIRCRAFT +020 KC-130J.............. 240,840 221,904 + Unit cost growth. [-18,936] +021 KC-130J.............. 66,061 66,061 +022 F-5.................. 39,676 39,676 +023 MQ-4 TRITON.......... 473,134 448,134 + PGSE excess cost [-25,000] + growth. +024 MQ-4 TRITON.......... 20,139 20,139 +025 MQ-8 UAV............. 44,957 44,957 +026 STUASL0 UAV.......... 43,819 43,819 +028 VH-92A EXECUTIVE HELO 658,067 647,351 + Program reduction [-10,716] + MODIFICATION OF + AIRCRAFT +029 AEA SYSTEMS.......... 44,470 39,170 + Program reduction [-5,300] +030 AV-8 SERIES.......... 39,472 39,472 +031 ADVERSARY............ 3,415 3,415 +032 F-18 SERIES.......... 1,207,089 1,128,089 + Early to need.... [-79,000] +033 H-53 SERIES.......... 68,385 68,385 +034 MH-60 SERIES......... 149,797 147,297 + NRE prior year [-2,500] + carryover (OSIP + 018-12). +035 H-1 SERIES........... 114,059 114,059 +036 EP-3 SERIES.......... 8,655 8,655 +038 E-2 SERIES........... 117,059 117,059 +039 TRAINER A/C SERIES... 5,616 5,616 +040 C-2A................. 15,747 15,747 +041 C-130 SERIES......... 122,671 116,786 + B kit cost growth [-3,009] + (OSIP 019-14). + GFE excess growth [-2,876] + (OSIP 019-14). +042 FEWSG................ 509 509 +043 CARGO/TRANSPORT A/C 8,767 8,767 + SERIES. +044 E-6 SERIES........... 169,827 167,216 + Program reduction [-2,611] +045 EXECUTIVE HELICOPTERS 8,933 8,933 + SERIES. +047 T-45 SERIES.......... 186,022 184,314 + NRE previously [-1,708] + funded. +048 POWER PLANT CHANGES.. 16,136 16,136 +049 JPATS SERIES......... 21,824 21,824 +050 AVIATION LIFE SUPPORT 39,762 39,762 + MODS. +051 COMMON ECM EQUIPMENT. 162,839 152,839 + Program decrease. [-10,000] +052 COMMON AVIONICS 102,107 75,107 + CHANGES. + Computing and [-27,000] + displays + concurrency and + equipment growth + early to need. +053 COMMON DEFENSIVE 2,100 2,100 + WEAPON SYSTEM. +054 ID SYSTEMS........... 41,437 41,437 +055 P-8 SERIES........... 107,539 96,563 + Increment 3 ECP 6 [-10,976] + early to need + (OSIP 006-18). +056 MAGTF EW FOR AVIATION 26,536 26,536 +057 MQ-8 SERIES.......... 34,686 34,686 +058 V-22 (TILT/ROTOR 325,367 325,367 + ACFT) OSPREY. +059 NEXT GENERATION 6,223 3,111 + JAMMER (NGJ). + Program reduction [-3,112] +060 F-35 STOVL SERIES.... 65,585 65,585 +061 F-35 CV SERIES....... 15,358 15,358 +062 QRC.................. 165,016 146,558 + Program decrease. [-18,458] +063 MQ-4 SERIES.......... 27,994 27,994 +064 RQ-21 SERIES......... 66,282 61,032 + EO/IR turret [-5,250] + upgrades unit + cost growth (OSIP + 004-20). + AIRCRAFT SPARES AND + REPAIR PARTS +067 SPARES AND REPAIR 2,166,788 2,146,788 + PARTS. + MQ-4 Triton [-20,000] + spares excess + growth. + AIRCRAFT SUPPORT + EQUIP & FACILITIES +068 COMMON GROUND 491,025 470,025 + EQUIPMENT. + Other flight [-21,000] + training + previously funded. +069 AIRCRAFT INDUSTRIAL 71,335 71,335 + FACILITIES. +070 WAR CONSUMABLES...... 41,086 32,086 + BRU-61 previously [-9,000] + funded. +072 SPECIAL SUPPORT 135,740 135,740 + EQUIPMENT. +073 FIRST DESTINATION 892 892 + TRANSPORTATION. + TOTAL AIRCRAFT 18,522,204 18,961,816 + PROCUREMENT, + NAVY. - TOTAL OPERATION & MAINTENANCE, MC RESERVE............................ 61,090 292,076 + WEAPONS PROCUREMENT, + NAVY + MODIFICATION OF + MISSILES +001 TRIDENT II MODS...... 1,177,251 1,177,251 + SUPPORT EQUIPMENT & + FACILITIES +002 MISSILE INDUSTRIAL 7,142 7,142 + FACILITIES. + STRATEGIC MISSILES +003 TOMAHAWK............. 386,730 344,648 + Unjustified [-42,082] + tooling and + facilitization + costs. + TACTICAL MISSILES +004 AMRAAM............... 224,502 201,502 + Unit cost growth. [-23,000] +005 SIDEWINDER........... 119,456 117,404 + Program reduction [-2,052] +007 STANDARD MISSILE..... 404,523 404,523 +008 STANDARD MISSILE..... 96,085 96,085 +009 SMALL DIAMETER BOMB 118,466 115,828 + II. + Program reduction [-2,638] +010 RAM.................. 106,765 106,765 +012 HELLFIRE............. 1,525 1,525 +015 AERIAL TARGETS....... 145,880 145,880 +016 DRONES AND DECOYS.... 20,000 18,521 + Excess to need... [-1,479] +017 OTHER MISSILE SUPPORT 3,388 3,388 +018 LRASM................ 143,200 143,200 +019 LCS OTH MISSILE...... 38,137 38,137 + MODIFICATION OF + MISSILES +020 ESSM................. 128,059 110,059 + Production [-18,000] + support excess to + need. +021 HARPOON MODS......... 25,447 25,447 +022 HARM MODS............ 183,740 183,740 +023 STANDARD MISSILES 22,500 2,500 + MODS. + Early to need.... [-20,000] + SUPPORT EQUIPMENT & + FACILITIES +024 WEAPONS INDUSTRIAL 1,958 1,958 + FACILITIES. +025 FLEET SATELLITE COMM 67,380 67,380 + FOLLOW-ON. + ORDNANCE SUPPORT + EQUIPMENT +027 ORDNANCE SUPPORT 109,427 85,717 + EQUIPMENT. + Insufficient [-23,710] + budget + justifcation. + TORPEDOES AND RELATED + EQUIP +028 SSTD................. 5,561 5,561 +029 MK-48 TORPEDO........ 114,000 130,000 + Program increase. [16,000] +030 ASW TARGETS.......... 15,095 15,095 + MOD OF TORPEDOES AND + RELATED EQUIP +031 MK-54 TORPEDO MODS... 119,453 112,013 + HAAWC cost growth [-7,440] +032 MK-48 TORPEDO ADCAP 39,508 39,508 + MODS. +033 QUICKSTRIKE MINE..... 5,183 5,183 + SUPPORT EQUIPMENT +034 TORPEDO SUPPORT 79,028 79,028 + EQUIPMENT. +035 ASW RANGE SUPPORT.... 3,890 3,890 + DESTINATION + TRANSPORTATION +036 FIRST DESTINATION 3,803 3,803 + TRANSPORTATION. + GUNS AND GUN MOUNTS +037 SMALL ARMS AND 14,797 13,607 + WEAPONS. + Program reduction [-1,190] + MODIFICATION OF GUNS + AND GUN MOUNTS +038 CIWS MODS............ 44,126 44,126 +039 COAST GUARD WEAPONS.. 44,980 44,980 +040 GUN MOUNT MODS....... 66,376 66,376 +041 LCS MODULE WEAPONS... 14,585 14,585 +043 AIRBORNE MINE 7,160 7,160 + NEUTRALIZATION + SYSTEMS. + SPARES AND REPAIR + PARTS + UNDISTRIBUTED +045 SPARES AND REPAIR 126,138 124,390 + PARTS. + Program reduction [-1,748] + TOTAL WEAPONS 4,235,244 4,107,905 + PROCUREMENT, + NAVY. - OPERATION & MAINTENANCE, AIR FORCE - OPERATING FORCES - 010 PRIMARY COMBAT FORCES................................................ 729,127 729,127 - 020 COMBAT ENHANCEMENT FORCES............................................ 1,318,770 1,318,770 - 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)....................... 1,486,790 1,486,790 - 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 0 3,334,792 - Transfer back to base funding.................................... [3,334,792] - 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 3,675,824 4,142,435 - Transfer back to base funding.................................... [466,611] - 060 CYBERSPACE SUSTAINMENT............................................... 0 228,811 - Transfer back to base funding.................................... [228,811] - 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 0 8,329,364 - Transfer back to base funding.................................... [8,329,364] - 080 FLYING HOUR PROGRAM.................................................. 0 4,048,773 - Transfer back to base funding.................................... [4,048,773] - 090 BASE SUPPORT......................................................... 0 7,191,582 - Revised MHPI cost share.......................................... [-32,400] - Transfer back to base funding.................................... [7,223,982] - 100 GLOBAL C3I AND EARLY WARNING......................................... 964,553 964,553 - 110 OTHER COMBAT OPS SPT PROGRAMS........................................ 1,032,307 1,032,307 - 120 CYBERSPACE ACTIVITIES................................................ 670,076 670,076 - 140 LAUNCH FACILITIES.................................................... 179,980 179,980 - 150 SPACE CONTROL SYSTEMS................................................ 467,990 467,990 - 160 US NORTHCOM/NORAD.................................................... 184,655 184,655 - 170 US STRATCOM.......................................................... 478,357 478,357 - 180 US CYBERCOM.......................................................... 323,121 347,921 - Accelerate development Cyber National Mission Force capabilities. [1,500] - Cyber National Mission Force Mobile & Modular Hunt Forward Kit... [5,300] - ETERNALDARKNESS.................................................. [18,000] - 190 US CENTCOM........................................................... 160,989 160,989 - 200 US SOCOM............................................................. 6,225 6,225 - 210 US TRANSCOM.......................................................... 544 544 - 220 CENTCOM CYBERSPACE SUSTAINMENT....................................... 2,073 2,073 - 230 USSPACECOM........................................................... 70,588 70,588 - 9999 CLASSIFIED PROGRAMS.................................................. 1,322,944 1,322,944 - SUBTOTAL OPERATING FORCES............................................ 13,074,913 36,699,646 + PROCUREMENT OF AMMO, + NAVY & MC + NAVY AMMUNITION +001 GENERAL PURPOSE BOMBS 36,028 34,997 + Fuze contract [-1,031] + delay and unit + cost growth. +002 JDAM................. 70,413 70,413 +003 AIRBORNE ROCKETS, ALL 31,756 27,707 + TYPES. + Unit cost growth. [-4,049] +004 MACHINE GUN 4,793 4,793 + AMMUNITION. +005 PRACTICE BOMBS....... 34,708 27,208 + Q1300 LGTR unit [-7,500] + cost growth. +006 CARTRIDGES & CART 45,738 38,738 + ACTUATED DEVICES. + Contract and [-7,000] + schedule delays. +007 AIR EXPENDABLE 77,301 67,854 + COUNTERMEASURES. + Unit cost growth. [-9,447] +008 JATOS................ 7,262 7,262 +009 5 INCH/54 GUN 22,594 21,166 + AMMUNITION. + MK187 mod 0 [-1,428] + projectile unit + cost growth. +010 INTERMEDIATE CALIBER 37,193 37,193 + GUN AMMUNITION. +011 OTHER SHIP GUN 39,491 39,291 + AMMUNITION. + CART 20MM [-200] + contract award + delay. +012 SMALL ARMS & LANDING 47,896 47,896 + PARTY AMMO. +013 PYROTECHNIC AND 10,621 10,621 + DEMOLITION. +015 AMMUNITION LESS THAN 2,386 2,386 + $5 MILLION. + MARINE CORPS + AMMUNITION +016 MORTARS.............. 55,543 50,543 + Prior year [-5,000] + underexecution. +017 DIRECT SUPPORT 131,765 131,765 + MUNITIONS. +018 INFANTRY WEAPONS 78,056 52,088 + AMMUNITION. + Underexecution [-25,968] + and schedule + delays. +019 COMBAT SUPPORT 40,048 34,048 + MUNITIONS. + Unit cost growth. [-6,000] +020 AMMO MODERNIZATION... 14,325 14,325 +021 ARTILLERY MUNITIONS.. 188,876 167,476 + DA 54 contract [-21,400] + delay. +022 ITEMS LESS THAN $5 4,521 4,521 + MILLION. + TOTAL 981,314 892,291 + PROCUREMENT OF + AMMO, NAVY & MC. - MOBILIZATION - 240 AIRLIFT OPERATIONS................................................... 1,158,142 1,158,142 - 250 MOBILIZATION PREPAREDNESS............................................ 138,672 138,672 - SUBTOTAL MOBILIZATION................................................ 1,296,814 1,296,814 + SHIPBUILDING AND + CONVERSION, NAVY + FLEET BALLISTIC + MISSILE SHIPS +001 OHIO REPLACEMENT 1,698,907 1,821,907 + SUBMARINE. + Submarine [123,000] + supplier + development. + OTHER WARSHIPS +002 CARRIER REPLACEMENT 2,347,000 1,042,000 + PROGRAM. + Basic [-20,000] + construction/ + conversion excess + cost growth. + Restoring [-1,285,000] + acquisition + accountability: + Transfer CVN-81 + only to line 2X. +002A CARRIER REPLACEMENT 1,285,000 + PROGRAM. + For CVN-81 only.. [1,285,000] +003 VIRGINIA CLASS 7,155,946 5,445,946 + SUBMARINE. + Block V program [1,490,000] + increase. + SSN-812 program [-3,200,000] + decrease. +004 VIRGINIA CLASS 2,769,552 2,969,552 + SUBMARINE ADVANCE + PROCUREMENT. + Advance [200,000] + Procurement in + support of a 10th + multi-year + procurement + contract ship + only. +005 CVN REFUELING 647,926 631,926 + OVERHAULS. + CVN-74 RCOH [-16,000] + unjustified cost + growth. +006 CVN REFUELING 16,900 + OVERHAULS ADVANCE + PROCUREMENT. + Restore CVN-75 [16,900] + RCOH. +007 DDG 1000............. 155,944 155,944 +008 DDG-51............... 5,099,295 5,033,295 + Basic [-66,000] + Construction + excess growth. +009 DDG-51 ADVANCE 224,028 484,028 + PROCUREMENT. + Accelerate LLTM [260,000] + for FY21 Flight + III destroyers. +011 FFG-FRIGATE.......... 1,281,177 1,281,177 + AMPHIBIOUS SHIPS +012 LPD FLIGHT II........ 525,000 + LPD-31 program [277,900] + increase. + Transfer from [247,100] + line 13. +013 LPD FLIGHT II ADVANCE 247,100 0 + PROCUREMENT. + Transfer to line [-247,100] + 12. +015 LHA REPLACEMENT...... 650,000 + LHA-9 program [650,000] + increase. + AUXILIARIES, CRAFT + AND PRIOR YR PROGRAM + COST +018 TAO FLEET OILER...... 981,215 981,215 +019 TAO FLEET OILER 73,000 73,000 + ADVANCE PROCUREMENT. +020 TOWING, SALVAGE, AND 150,282 150,282 + RESCUE SHIP (ATS). +022 LCU 1700............. 85,670 85,670 +023 OUTFITTING........... 754,679 705,721 + Excess cost [-40,000] + growth. + Virginia class [-8,958] + outfitting excess + growth. +024 SHIP TO SHORE 65,000 + CONNECTOR. + Program increase. [65,000] +025 SERVICE CRAFT........ 56,289 81,789 + Accelerate YP-703 [25,500] + Flight II. +028 COMPLETION OF PY 55,700 104,700 + SHIPBUILDING + PROGRAMS. + UPL EPF-14 [49,000] + conversion. + TOTAL 23,783,710 23,590,052 + SHIPBUILDING AND + CONVERSION, NAVY. - TRAINING AND RECRUITING - 260 OFFICER ACQUISITION.................................................. 130,835 130,835 - 270 RECRUIT TRAINING..................................................... 26,021 26,021 - 280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................... 121,391 121,391 - 290 SPECIALIZED SKILL TRAINING........................................... 454,539 454,539 - 300 FLIGHT TRAINING...................................................... 600,565 600,565 - 310 PROFESSIONAL DEVELOPMENT EDUCATION................................... 282,788 282,788 - 320 TRAINING SUPPORT..................................................... 123,988 123,988 - 330 RECRUITING AND ADVERTISING........................................... 167,731 161,731 - Unjustified growth............................................... [-6,000] - 340 EXAMINING............................................................ 4,576 4,576 - 350 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 211,911 211,911 - 360 CIVILIAN EDUCATION AND TRAINING...................................... 219,021 219,021 - 370 JUNIOR ROTC.......................................................... 62,092 62,092 - SUBTOTAL TRAINING AND RECRUITING..................................... 2,405,458 2,399,458 + OTHER PROCUREMENT, + NAVY + SHIP PROPULSION + EQUIPMENT +001 SURFACE POWER 14,490 14,490 + EQUIPMENT. + GENERATORS +002 SURFACE COMBATANT 31,583 31,561 + HM&E. + Twisted rudder [-22] + installation + early to need. + NAVIGATION EQUIPMENT +003 OTHER NAVIGATION 77,404 77,404 + EQUIPMENT. + OTHER SHIPBOARD + EQUIPMENT +004 SUB PERISCOPE, 160,803 160,803 + IMAGING AND SUPT + EQUIP PROG. +005 DDG MOD.............. 566,140 553,490 + Aegis [-5,000] + modernization + testing excess to + need. + Combat system [-7,650] + ship + qualification + trials excess to + need. +006 FIREFIGHTING 18,223 18,223 + EQUIPMENT. +007 COMMAND AND CONTROL 2,086 2,086 + SWITCHBOARD. +008 LHA/LHD MIDLIFE...... 95,651 79,563 + Excess cost [-16,088] + growth. +009 POLLUTION CONTROL 23,910 23,910 + EQUIPMENT. +010 SUBMARINE SUPPORT 44,895 44,895 + EQUIPMENT. +011 VIRGINIA CLASS 28,465 28,465 + SUPPORT EQUIPMENT. +012 LCS CLASS SUPPORT 19,426 19,426 + EQUIPMENT. +013 SUBMARINE BATTERIES.. 26,290 25,297 + Virginia class [-993] + unit cost growth. +014 LPD CLASS SUPPORT 46,945 46,945 + EQUIPMENT. +015 DDG 1000 CLASS 9,930 9,930 + SUPPORT EQUIPMENT. +016 STRATEGIC PLATFORM 14,331 14,331 + SUPPORT EQUIP. +017 DSSP EQUIPMENT....... 2,909 2,909 +018 CG MODERNIZATION..... 193,990 193,990 +019 LCAC................. 3,392 3,392 +020 UNDERWATER EOD 71,240 71,240 + PROGRAMS. +021 ITEMS LESS THAN $5 102,543 102,543 + MILLION. +022 CHEMICAL WARFARE 2,961 2,961 + DETECTORS. +023 SUBMARINE LIFE 6,635 6,635 + SUPPORT SYSTEM. + REACTOR PLANT + EQUIPMENT +024 REACTOR POWER UNITS.. 5,340 5,340 +025 REACTOR COMPONENTS... 465,726 462,749 + Program decrease-- [-2,977] + unit cost growth. + OCEAN ENGINEERING +026 DIVING AND SALVAGE 11,854 11,854 + EQUIPMENT. + SMALL BOATS +027 STANDARD BOATS....... 79,102 79,102 + PRODUCTION FACILITIES + EQUIPMENT +028 OPERATING FORCES IPE. 202,238 202,238 + OTHER SHIP SUPPORT +029 LCS COMMON MISSION 51,553 51,553 + MODULES EQUIPMENT. +030 LCS MCM MISSION 197,129 134,157 + MODULES. + Excess cost [-62,972] + growth. +031 LCS ASW MISSION 27,754 27,754 + MODULES. +032 LCS SUW MISSION 26,566 26,566 + MODULES. +033 LCS IN-SERVICE 84,972 82,000 + MODERNIZATION. + Habitability mod [-2,972] + (Freedom variant) + unit cost growth. +034 SMALL & MEDIUM UUV... 40,547 10,647 + Knifefish early [-29,900] + to need. + LOGISTIC SUPPORT +035 LSD MIDLIFE & 40,269 40,269 + MODERNIZATION. + SHIP SONARS +036 SPQ-9B RADAR......... 26,195 26,195 +037 AN/SQQ-89 SURF ASW 125,237 125,237 + COMBAT SYSTEM. +038 SSN ACOUSTIC 366,968 356,953 + EQUIPMENT. + Low cost [-10,015] + conformal array + contract delay. +039 UNDERSEA WARFARE 8,967 8,967 + SUPPORT EQUIPMENT. + ASW ELECTRONIC + EQUIPMENT +040 SUBMARINE ACOUSTIC 23,545 23,545 + WARFARE SYSTEM. +041 SSTD................. 12,439 12,439 +042 FIXED SURVEILLANCE 128,441 128,441 + SYSTEM. +043 SURTASS.............. 21,923 21,923 + ELECTRONIC WARFARE + EQUIPMENT +044 AN/SLQ-32............ 420,154 350,686 + Block 3 kit early [-65,758] + to need. + FMP block 1B3 for [-2,300] + SLQ-32(V) 6 + previously funded. + SEWIP block 1B2 [-1,410] + for USCG ship + forward fit + contract delays. + RECONNAISSANCE + EQUIPMENT +045 SHIPBOARD IW EXPLOIT. 194,758 193,440 + SSEE [-1,318] + modifications + kits unit cost + growth. +046 AUTOMATED 5,368 5,368 + IDENTIFICATION + SYSTEM (AIS). + OTHER SHIP ELECTRONIC + EQUIPMENT +047 COOPERATIVE 35,128 35,128 + ENGAGEMENT + CAPABILITY. +048 NAVAL TACTICAL 15,154 15,154 + COMMAND SUPPORT + SYSTEM (NTCSS). +049 ATDLS................ 52,753 52,753 +050 NAVY COMMAND AND 3,390 3,390 + CONTROL SYSTEM + (NCCS). +051 MINESWEEPING SYSTEM 19,448 19,448 + REPLACEMENT. +052 SHALLOW WATER MCM.... 8,730 8,730 +053 NAVSTAR GPS RECEIVERS 32,674 32,674 + (SPACE). +054 AMERICAN FORCES RADIO 2,617 2,617 + AND TV SERVICE. +055 STRATEGIC PLATFORM 7,973 7,973 + SUPPORT EQUIP. + AVIATION ELECTRONIC + EQUIPMENT +056 ASHORE ATC EQUIPMENT. 72,406 72,406 +057 AFLOAT ATC EQUIPMENT. 67,410 65,779 + ACLS mod kits [-1,631] + installations + cost growth. +058 ID SYSTEMS........... 26,059 26,059 +059 JOINT PRECISION 92,695 78,195 + APPROACH AND LANDING + SYSTEM (. + Early to need.... [-14,500] +060 NAVAL MISSION 15,296 15,296 + PLANNING SYSTEMS. + OTHER SHORE + ELECTRONIC EQUIPMENT +061 TACTICAL/MOBILE C4I 36,226 36,226 + SYSTEMS. +062 DCGS-N............... 21,788 21,427 + DCGS-N increment [-361] + 2 kit unit cost + discrepancy. +063 CANES................ 426,654 395,154 + Program decrease. [-31,500] +064 RADIAC............... 6,450 6,450 +065 CANES-INTELL......... 52,713 52,713 +066 GPETE................ 13,028 13,028 +067 MASF................. 5,193 5,193 +068 INTEG COMBAT SYSTEM 6,028 6,028 + TEST FACILITY. +069 EMI CONTROL 4,209 4,209 + INSTRUMENTATION. +070 ITEMS LESS THAN $5 168,436 144,636 + MILLION. + NGSSR early to [-23,800] + need. + SHIPBOARD + COMMUNICATIONS +071 SHIPBOARD TACTICAL 55,853 50,053 + COMMUNICATIONS. + DMR IW and MUOS [-5,800] + system + procurement + afloat previously + funded. +072 SHIP COMMUNICATIONS 137,861 122,380 + AUTOMATION. + STACC cost growth [-15,481] +073 COMMUNICATIONS ITEMS 35,093 31,493 + UNDER $5M. + Improving funds [-3,600] + management: prior + year carryover. + SUBMARINE + COMMUNICATIONS +074 SUBMARINE BROADCAST 50,833 50,833 + SUPPORT. +075 SUBMARINE 69,643 60,794 + COMMUNICATION + EQUIPMENT. + Buoy shape [-8,849] + improvement + unjustified + request. + SATELLITE + COMMUNICATIONS +076 SATELLITE 45,841 45,841 + COMMUNICATIONS + SYSTEMS. +077 NAVY MULTIBAND 88,021 82,148 + TERMINAL (NMT). + Afloat ship kit [-4,055] + cost growth. + Assured C2 modems [-1,818] + installation cost + excess growth. + SHORE COMMUNICATIONS +078 JOINT COMMUNICATIONS 4,293 4,293 + SUPPORT ELEMENT + (JCSE). + CRYPTOGRAPHIC + EQUIPMENT +079 INFO SYSTEMS SECURITY 166,540 166,540 + PROGRAM (ISSP). +080 MIO INTEL 968 968 + EXPLOITATION TEAM. + CRYPTOLOGIC EQUIPMENT +081 CRYPTOLOGIC 13,090 13,090 + COMMUNICATIONS EQUIP. + OTHER ELECTRONIC + SUPPORT +083 COAST GUARD EQUIPMENT 61,370 61,370 + SONOBUOYS +085 SONOBUOYS--ALL TYPES. 260,644 310,644 + UPL sonobuoy [50,000] + increase. + AIRCRAFT SUPPORT + EQUIPMENT +086 MINOTAUR............. 5,000 5,000 +087 WEAPONS RANGE SUPPORT 101,843 101,843 + EQUIPMENT. +088 AIRCRAFT SUPPORT 145,601 135,211 + EQUIPMENT. + Excess cost [-10,390] + growth. +089 ADVANCED ARRESTING 4,725 4,725 + GEAR (AAG). +090 METEOROLOGICAL 14,687 12,407 + EQUIPMENT. + ASOS upgrades [-2,280] + unit cost growth. +092 LEGACY AIRBORNE MCM.. 19,250 18,918 + Modifications [-332] + unjustified + growth. +093 LAMPS EQUIPMENT...... 792 792 +094 AVIATION SUPPORT 55,415 52,415 + EQUIPMENT. + Contract delay... [-3,000] +095 UMCS-UNMAN CARRIER 32,668 32,668 + AVIATION(UCA)MISSION + CNTRL. + SHIP GUN SYSTEM + EQUIPMENT +096 SHIP GUN SYSTEMS 5,451 5,451 + EQUIPMENT. + SHIP MISSILE SYSTEMS + EQUIPMENT +097 HARPOON SUPPORT 1,100 1,100 + EQUIPMENT. +098 SHIP MISSILE SUPPORT 228,104 268,304 + EQUIPMENT. + Program increase. [40,200] +099 TOMAHAWK SUPPORT 78,593 78,593 + EQUIPMENT. + FBM SUPPORT EQUIPMENT +100 STRATEGIC MISSILE 280,510 280,510 + SYSTEMS EQUIP. + ASW SUPPORT EQUIPMENT +101 SSN COMBAT CONTROL 148,547 143,678 + SYSTEMS. + Excess cost [-4,869] + growth. +102 ASW SUPPORT EQUIPMENT 21,130 21,130 + OTHER ORDNANCE + SUPPORT EQUIPMENT +103 EXPLOSIVE ORDNANCE 15,244 15,244 + DISPOSAL EQUIP. +104 ITEMS LESS THAN $5 5,071 5,071 + MILLION. + OTHER EXPENDABLE + ORDNANCE +105 ANTI-SHIP MISSILE 41,962 41,962 + DECOY SYSTEM. +106 SUBMARINE TRAINING 75,057 75,057 + DEVICE MODS. +107 SURFACE TRAINING 233,175 222,647 + EQUIPMENT. + BFFT ship sets [-1,515] + excess to need. + LCS trainer [-9,013] + equipment early + to need. + CIVIL ENGINEERING + SUPPORT EQUIPMENT +108 PASSENGER CARRYING 4,562 4,562 + VEHICLES. +109 GENERAL PURPOSE 10,974 10,974 + TRUCKS. +110 CONSTRUCTION & 43,191 43,191 + MAINTENANCE EQUIP. +111 FIRE FIGHTING 21,142 11,642 + EQUIPMENT. + Contract delays.. [-9,500] +112 TACTICAL VEHICLES.... 33,432 33,432 +114 POLLUTION CONTROL 2,633 2,633 + EQUIPMENT. +115 ITEMS UNDER $5 53,467 53,467 + MILLION. +116 PHYSICAL SECURITY 1,173 1,173 + VEHICLES. + SUPPLY SUPPORT + EQUIPMENT +117 SUPPLY EQUIPMENT..... 16,730 16,730 +118 FIRST DESTINATION 5,389 5,389 + TRANSPORTATION. +119 SPECIAL PURPOSE 654,674 617,522 + SUPPLY SYSTEMS. + Insufficient [-37,152] + budget + justification. + TRAINING DEVICES +120 TRAINING SUPPORT 3,633 3,633 + EQUIPMENT. +121 TRAINING AND 97,636 94,536 + EDUCATION EQUIPMENT. + Excess growth.... [-3,100] + COMMAND SUPPORT + EQUIPMENT +122 COMMAND SUPPORT 66,102 50,434 + EQUIPMENT. + Prior year [-15,668] + underexecution. +123 MEDICAL SUPPORT 3,633 3,633 + EQUIPMENT. +125 NAVAL MIP SUPPORT 6,097 6,097 + EQUIPMENT. +126 OPERATING FORCES 16,905 16,905 + SUPPORT EQUIPMENT. +127 C4ISR EQUIPMENT...... 30,146 30,146 +128 ENVIRONMENTAL SUPPORT 21,986 21,986 + EQUIPMENT. +129 PHYSICAL SECURITY 160,046 160,046 + EQUIPMENT. +130 ENTERPRISE 56,899 56,899 + INFORMATION + TECHNOLOGY. + OTHER +133 NEXT GENERATION 122,832 122,832 + ENTERPRISE SERVICE. + CLASSIFIED PROGRAMS +133A CLASSIFIED PROGRAMS.. 16,346 16,346 + SPARES AND REPAIR + PARTS +134 SPARES AND REPAIR 375,608 352,140 + PARTS. + JPALS spares [-8,137] + early to need. + LCS spares early [-15,331] + to need. + TOTAL OTHER 9,652,956 9,302,099 + PROCUREMENT, + NAVY. - ADMIN & SRVWD ACTIVITIES - 380 LOGISTICS OPERATIONS................................................. 664,926 664,926 - 390 TECHNICAL SUPPORT ACTIVITIES......................................... 101,483 101,483 - 400 ADMINISTRATION....................................................... 892,480 892,480 - 410 SERVICEWIDE COMMUNICATIONS........................................... 152,532 152,532 - 420 OTHER SERVICEWIDE ACTIVITIES......................................... 1,254,089 1,254,089 - 430 CIVIL AIR PATROL..................................................... 30,070 30,070 - 460 INTERNATIONAL SUPPORT................................................ 136,110 136,110 - 9999 CLASSIFIED PROGRAMS.................................................. 1,269,624 1,269,624 - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 4,501,314 4,501,314 + PROCUREMENT, MARINE + CORPS + TRACKED COMBAT + VEHICLES +001 AAV7A1 PIP........... 39,495 39,495 +002 AMPHIBIOUS COMBAT 317,935 313,131 + VEHICLE 1.1. + Excess [-4,804] + engineering + change orders. +003 LAV PIP.............. 60,734 60,734 + ARTILLERY AND OTHER + WEAPONS +004 155MM LIGHTWEIGHT 25,065 25,065 + TOWED HOWITZER. +005 ARTILLERY WEAPONS 100,002 90,002 + SYSTEM. + Equipment [-10,000] + previously funded + and cost growth. +006 WEAPONS AND COMBAT 31,945 31,945 + VEHICLES UNDER $5 + MILLION. + OTHER SUPPORT +007 MODIFICATION KITS.... 22,760 22,760 + GUIDED MISSILES +008 GROUND BASED AIR 175,998 175,998 + DEFENSE. +009 ANTI-ARMOR MISSILE- 20,207 20,207 + JAVELIN. +010 FAMILY ANTI-ARMOR 21,913 21,913 + WEAPON SYSTEMS + (FOAAWS). +011 ANTI-ARMOR MISSILE- 60,501 60,501 + TOW. +012 GUIDED MLRS ROCKET 29,062 28,062 + (GMLRS). + Unit cost [-1,000] + discrepancy. + COMMAND AND CONTROL + SYSTEMS +013 COMMON AVIATION 37,203 32,203 + COMMAND AND CONTROL + SYSTEM (C. + AN/MRQ-13 [-5,000] + communications + subsystems + upgrades + unjustified + growth. + REPAIR AND TEST + EQUIPMENT +014 REPAIR AND TEST 55,156 55,156 + EQUIPMENT. + OTHER SUPPORT (TEL) +015 MODIFICATION KITS.... 4,945 4,945 + COMMAND AND CONTROL + SYSTEM (NON-TEL) +016 ITEMS UNDER $5 112,124 82,424 + MILLION (COMM & + ELEC). + Unit cost growth. [-29,700] +017 AIR OPERATIONS C2 17,408 17,408 + SYSTEMS. + RADAR + EQUIPMENT + (NON-TEL) +018 RADAR SYSTEMS........ 329 329 +019 GROUND/AIR TASK 273,022 273,022 + ORIENTED RADAR (G/ + ATOR). + INTELL/COMM EQUIPMENT + (NON-TEL) +021 GCSS-MC.............. 4,484 4,484 +022 FIRE SUPPORT SYSTEM.. 35,488 35,488 +023 INTELLIGENCE SUPPORT 56,896 54,396 + EQUIPMENT. + Unjustified [-2,500] + growth. +025 UNMANNED AIR SYSTEMS 34,711 34,711 + (INTEL). +026 DCGS-MC.............. 32,562 32,562 + OTHER SUPPORT (NON- + TEL) +030 NEXT GENERATION 114,901 114,901 + ENTERPRISE NETWORK + (NGEN). +031 COMMON COMPUTER 51,094 51,094 + RESOURCES. +032 COMMAND POST SYSTEMS. 108,897 108,897 +033 RADIO SYSTEMS........ 227,320 212,320 + Cost growth and [-15,000] + early to need. +034 COMM SWITCHING & 31,685 23,781 + CONTROL SYSTEMS. + ECP small form [-7,904] + factor previously + funded. +035 COMM & ELEC 21,140 21,140 + INFRASTRUCTURE + SUPPORT. +036 CYBERSPACE ACTIVITIES 27,632 27,632 + CLASSIFIED PROGRAMS +036A CLASSIFIED PROGRAMS.. 5,535 5,535 + ADMINISTRATIVE + VEHICLES +037 COMMERCIAL CARGO 28,913 28,913 + VEHICLES. + TACTICAL VEHICLES +038 MOTOR TRANSPORT 19,234 19,234 + MODIFICATIONS. +039 JOINT LIGHT TACTICAL 558,107 556,107 + VEHICLE. + ECP previously [-2,000] + funded. +040 FAMILY OF TACTICAL 2,693 2,693 + TRAILERS. + ENGINEER AND OTHER + EQUIPMENT +041 ENVIRONMENTAL CONTROL 495 495 + EQUIP ASSORT. +042 TACTICAL FUEL SYSTEMS 52 52 +043 POWER EQUIPMENT 22,441 22,441 + ASSORTED. +044 AMPHIBIOUS SUPPORT 7,101 7,101 + EQUIPMENT. +045 EOD SYSTEMS.......... 44,700 44,700 + MATERIALS HANDLING + EQUIPMENT +046 PHYSICAL SECURITY 15,404 15,404 + EQUIPMENT. + GENERAL PROPERTY +047 FIELD MEDICAL 2,898 2,898 + EQUIPMENT. +048 TRAINING DEVICES..... 149,567 126,567 + ODS unjustified [-23,000] + request. +049 FAMILY OF 35,622 35,622 + CONSTRUCTION + EQUIPMENT. +050 ULTRA-LIGHT TACTICAL 647 647 + VEHICLE (ULTV). + OTHER SUPPORT +051 ITEMS LESS THAN $5 10,956 10,956 + MILLION. + SPARES AND REPAIR + PARTS +052 SPARES AND REPAIR 33,470 33,470 + PARTS. + TOTAL 3,090,449 2,989,541 + PROCUREMENT, + MARINE CORPS. - OPERATION & MAINTENANCE, SPACE FORCE - OPERATING FORCES - 010 BASE SUPPORT......................................................... 72,436 72,436 - SUBTOTAL OPERATING FORCES............................................ 72,436 72,436 + AIRCRAFT PROCUREMENT, + AIR FORCE + TACTICAL FORCES +001 F-35................. 4,274,359 5,566,409 + Program increase. [1,042,800] + Program increase: [440,000] + Turkish F-35A + Reallocation + Initiative. + Target cost [-190,750] + savings. +002 F-35................. 655,500 811,500 + UPL Increase..... [156,000] +003 F-15E................ 1,050,000 985,500 + Unjustified non- [-64,500] + recurring + engineering. + TACTICAL AIRLIFT +005 KC-46A MDAP.......... 2,234,529 2,198,529 + Excess to need... [-36,000] + OTHER AIRLIFT +006 C-130J............... 12,156 404,156 + Program increase. [392,000] +008 MC-130J.............. 871,207 857,607 + Excess to need... [-13,600] +009 MC-130J.............. 40,000 40,000 + HELICOPTERS +010 COMBAT RESCUE 884,235 876,035 + HELICOPTER. + Excess to need... [-8,200] + MISSION SUPPORT + AIRCRAFT +011 C-37A................ 161,000 147,500 + Unit cost growth. [-13,500] +012 CIVIL AIR PATROL A/C. 2,767 2,767 + OTHER AIRCRAFT +014 TARGET DRONES........ 130,837 130,837 +015 COMPASS CALL......... 114,095 114,095 +017 MQ-9................. 189,205 175,205 + Unit cost growth. [-14,000] + STRATEGIC AIRCRAFT +019 B-2A................. 9,582 9,582 +020 B-1B................. 22,111 13,111 + ADS-B ahead of [-9,000] + need. +021 B-52................. 69,648 69,648 +022 LARGE AIRCRAFT 43,758 43,758 + INFRARED + COUNTERMEASURES. + TACTICAL AIRCRAFT +023 A-10................. 132,069 132,069 +024 E-11 BACN/HAG........ 70,027 70,027 +025 F-15................. 481,073 467,767 + ADCP unnecessary [-13,306] + due to F-15X. +026 F-16................. 234,782 309,782 + Additional radars [75,000] +028 F-22A................ 323,597 323,597 +030 F-35 MODIFICATIONS... 343,590 343,590 +031 F-15 EPAW............ 149,047 125,417 + Not required [-23,630] + because of F-15X. +032 INCREMENT 3.2B....... 20,213 20,213 +033 KC-46A MDAP.......... 10,213 5,213 + Funding ahead of [-5,000] + need. + AIRLIFT AIRCRAFT +034 C-5.................. 73,550 73,550 +036 C-17A................ 60,244 60,244 +037 C-21................. 216 216 +038 C-32A................ 11,511 11,511 +039 C-37A................ 435 435 + TRAINER AIRCRAFT +040 GLIDER MODS.......... 138 138 +041 T-6.................. 11,826 11,826 +042 T-1.................. 26,787 26,787 +043 T-38................. 37,341 37,341 + OTHER AIRCRAFT +044 U-2 MODS............. 86,896 106,896 + Increase for U-2 [20,000] + enhancements. +045 KC-10A (ATCA)........ 2,108 2,108 +046 C-12................. 3,021 3,021 +047 VC-25A MOD........... 48,624 48,624 +048 C-40................. 256 256 +049 C-130................ 52,066 186,066 + 3.5 Engine [79,000] + Enhancement + Package. + NP-2000 prop [55,000] + blade upgrades. +050 C-130J MODS.......... 141,686 141,686 +051 C-135................ 124,491 122,616 + Low cost mods [-1,000] + slow execution. + RPI installs..... [-875] +053 COMPASS CALL......... 110,754 110,754 +054 COMBAT FLIGHT 508 508 + INSPECTION--CFIN. +055 RC-135............... 227,673 227,673 +056 E-3.................. 216,299 128,992 + NATO AWACS--Air [-87,307] + Force requested + transfer to line + 88. +057 E-4.................. 58,477 58,477 +058 E-8.................. 28,778 48,778 + Increase for re- [20,000] + engining. +059 AIRBORNE WARNING AND 36,000 36,000 + CNTRL SYS (AWACS) 40/ + 45. +060 FAMILY OF BEYOND LINE- 7,910 7,910 + OF-SIGHT TERMINALS. +061 H-1.................. 3,817 3,817 +062 H-60................. 20,879 20,879 +063 RQ-4 MODS............ 1,704 1,704 +064 HC/MC-130 51,482 51,482 + MODIFICATIONS. +065 OTHER AIRCRAFT....... 50,098 50,098 +066 MQ-9 MODS............ 383,594 251,594 + Production rate [-132,000] + adjustment of DAS- + 4 sensor. +068 CV-22 MODS........... 65,348 65,348 + AIRCRAFT SPARES AND + REPAIR PARTS +069 INITIAL SPARES/REPAIR 708,230 799,230 + PARTS. + F-35 spares...... [96,000] + Program decrease. [-30,000] + RQ-4............. [25,000] + COMMON SUPPORT + EQUIPMENT +072 AIRCRAFT REPLACEMENT 84,938 84,938 + SUPPORT EQUIP. + POST PRODUCTION + SUPPORT +073 B-2A................. 1,403 1,403 +074 B-2B................. 42,234 42,234 +075 B-52................. 4,641 4,641 +076 C-17A................ 124,805 124,805 +079 F-15................. 2,589 2,589 +081 F-16................. 15,348 15,348 +084 RQ-4 POST PRODUCTION 47,246 47,246 + CHARGES. + INDUSTRIAL + PREPAREDNESS +086 INDUSTRIAL 17,705 17,705 + RESPONSIVENESS. + WAR CONSUMABLES +087 WAR CONSUMABLES...... 32,102 32,102 + OTHER PRODUCTION + CHARGES +088 OTHER PRODUCTION 1,194,728 1,222,035 + CHARGES. + F-22 NGEN lab [-60,000] + excess. + NATO AWACS--Air [87,307] + Force requested + transfer from + line 56. + CLASSIFIED PROGRAMS +090A CLASSIFIED PROGRAMS.. 34,193 34,193 + TOTAL AIRCRAFT 16,784,279 18,569,718 + PROCUREMENT, AIR + FORCE. - TOTAL OPERATION & MAINTENANCE, SPACE FORCE........................... 72,436 72,436 + MISSILE PROCUREMENT, + AIR FORCE + MISSILE REPLACEMENT + EQUIPMENT--BALLISTIC +001 MISSILE REPLACEMENT 55,888 55,888 + EQ-BALLISTIC. + TACTICAL +002 REPLAC EQUIP & WAR 9,100 9,100 + CONSUMABLES. +003 JOINT AIR-TO-GROUND 15,000 7,500 + MUNITION. + Unjustified [-7,500] + requirement (JAGM- + F). +004 JOINT AIR-SURFACE 482,525 482,525 + STANDOFF MISSILE. +006 SIDEWINDER (AIM-9X).. 160,408 160,408 +007 AMRAAM............... 332,250 332,250 +008 PREDATOR HELLFIRE 118,860 118,860 + MISSILE. +009 SMALL DIAMETER BOMB.. 275,438 275,438 +010 SMALL DIAMETER BOMB 212,434 200,684 + II. + Unit cost growth. [-11,750] + INDUSTRIAL FACILITIES +011 INDUSTR'L PREPAREDNS/ 801 801 + POL PREVENTION. + CLASS IV +012 ICBM FUZE MOD........ 5,000 5,000 +013 ICBM FUZE MOD........ 14,497 14,497 +014 MM III MODIFICATIONS. 50,831 59,705 + Air Force [8,874] + requested + transfer. +015 AGM-65D MAVERICK..... 294 294 +016 AIR LAUNCH CRUISE 77,387 68,513 + MISSILE (ALCM). + Air Force [-8,874] + requested + transfer. + MISSILE SPARES AND + REPAIR PARTS +018 MSL SPRS/REPAIR PARTS 1,910 1,910 + (INITIAL). +019 REPLEN SPARES/REPAIR 82,490 82,490 + PARTS. + SPECIAL PROGRAMS +023 SPECIAL UPDATE 144,553 144,553 + PROGRAMS. + CLASSIFIED PROGRAMS +023A CLASSIFIED PROGRAMS.. 849,521 849,521 + TOTAL MISSILE 2,889,187 2,869,937 + PROCUREMENT, AIR + FORCE. - UNDISTRIBUTED - 999 UNDISTRIBUTED........................................................ 0 3,000 - Cyber operations-peculiar capability development projects........ [3,000] - SUBTOTAL UNDISTRIBUTED............................................... 0 3,000 + SPACE PROCUREMENT, + AIR FORCE + SPACE PROGRAMS +001 ADVANCED EHF......... 31,894 31,894 +002 AF SATELLITE COMM 56,298 56,298 + SYSTEM. +004 COUNTERSPACE SYSTEMS. 5,700 5,700 +005 FAMILY OF BEYOND LINE- 34,020 29,020 + OF-SIGHT TERMINALS. + Unjustified [-5,000] + growth. +007 GENERAL INFORMATION 3,244 3,244 + TECH--SPACE. +008 GPSIII FOLLOW ON..... 414,625 414,625 +009 GPS III SPACE SEGMENT 31,466 31,466 +012 SPACEBORNE EQUIP 32,031 32,031 + (COMSEC). +013 MILSATCOM............ 11,096 11,096 +015 EVOLVED EXPENDABLE 1,237,635 1,237,635 + LAUNCH VEH(SPACE). +016 SBIR HIGH (SPACE).... 233,952 233,952 +017 NUDET DETECTION 7,432 7,432 + SYSTEM. +018 ROCKET SYSTEMS LAUNCH 11,473 11,473 + PROGRAM. +019 SPACE FENCE.......... 71,784 71,784 +020 SPACE MODS........... 106,330 106,330 +021 SPACELIFT RANGE 118,140 118,140 + SYSTEM SPACE. + SPACE PROCUREMENT, + AIR FORCE + SPARES +022 SPARES AND REPAIR 7,263 7,263 + PARTS. + TOTAL SPACE 2,414,383 2,409,383 + PROCUREMENT, AIR + FORCE. - TOTAL OPERATION & MAINTENANCE, AIR FORCE............................. 21,278,499 44,900,232 + PROCUREMENT OF + AMMUNITION, AIR + FORCE + ROCKETS +001 ROCKETS.............. 133,268 115,068 + APKWS Mk 66 [-18,200] + rocket motor + price adjustment. + CARTRIDGES +002 CARTRIDGES........... 140,449 140,449 + BOMBS +003 PRACTICE BOMBS....... 29,313 29,313 +004 GENERAL PURPOSE BOMBS 85,885 85,885 +006 JOINT DIRECT ATTACK 1,066,224 1,034,224 + MUNITION. + Tailkit unit cost [-32,000] + adjustment. +007 B61.................. 80,773 80,773 + OTHER ITEMS +009 CAD/PAD.............. 47,069 47,069 +010 EXPLOSIVE ORDNANCE 6,133 6,133 + DISPOSAL (EOD). +011 SPARES AND REPAIR 533 533 + PARTS. +012 MODIFICATIONS........ 1,291 1,291 +013 ITEMS LESS THAN 1,677 1,677 + $5,000,000. + FLARES +015 FLARES............... 36,116 36,116 + FUZES +016 FUZES................ 1,734 1,734 + SMALL ARMS +017 SMALL ARMS........... 37,496 37,496 + TOTAL 1,667,961 1,617,761 + PROCUREMENT OF + AMMUNITION, AIR + FORCE. - OPERATION & MAINTENANCE, AF RESERVE - OPERATING FORCES - 010 PRIMARY COMBAT FORCES................................................ 1,781,413 1,781,413 - 020 MISSION SUPPORT OPERATIONS........................................... 209,650 209,650 - 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 0 494,235 - Transfer back to base funding.................................... [494,235] - 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 128,746 128,746 - 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 0 256,512 - Transfer back to base funding.................................... [256,512] - 060 BASE SUPPORT......................................................... 0 414,626 - Transfer back to base funding.................................... [414,626] - 070 CYBERSPACE ACTIVITIES................................................ 1,673 1,673 - SUBTOTAL OPERATING FORCES............................................ 2,121,482 3,286,855 + OTHER PROCUREMENT, + AIR FORCE + PASSENGER CARRYING + VEHICLES +001 PASSENGER CARRYING 15,238 15,238 + VEHICLES. + CARGO AND UTILITY + VEHICLES +002 MEDIUM TACTICAL 34,616 34,616 + VEHICLE. +003 CAP VEHICLES......... 1,040 3,567 + Program increase-- [1,867] + communications. + Program increase-- [660] + vehicles. +004 CARGO AND UTILITY 23,133 23,133 + VEHICLES. + SPECIAL PURPOSE + VEHICLES +005 JOINT LIGHT TACTICAL 32,027 32,027 + VEHICLE. +006 SECURITY AND TACTICAL 1,315 1,315 + VEHICLES. +007 SPECIAL PURPOSE 14,593 14,593 + VEHICLES. + FIRE FIGHTING + EQUIPMENT +008 FIRE FIGHTING/CRASH 28,604 28,604 + RESCUE VEHICLES. + MATERIALS HANDLING + EQUIPMENT +009 MATERIALS HANDLING 21,848 21,848 + VEHICLES. + BASE MAINTENANCE + SUPPORT +010 RUNWAY SNOW REMOV AND 2,925 2,925 + CLEANING EQU. +011 BASE MAINTENANCE 55,776 55,776 + SUPPORT VEHICLES. + COMM SECURITY + EQUIPMENT(COMSEC) +013 COMSEC EQUIPMENT..... 91,461 91,461 + INTELLIGENCE PROGRAMS +014 INTERNATIONAL INTEL 11,386 11,386 + TECH & ARCHITECTURES. +015 INTELLIGENCE TRAINING 7,619 7,619 + EQUIPMENT. +016 INTELLIGENCE COMM 35,558 32,058 + EQUIPMENT. + IMAD unjustified [-3,500] + procurement. + ELECTRONICS PROGRAMS +017 AIR TRAFFIC CONTROL & 17,939 17,939 + LANDING SYS. +019 BATTLE CONTROL 3,063 3,063 + SYSTEM--FIXED. +021 WEATHER OBSERVATION 31,447 31,447 + FORECAST. +022 STRATEGIC COMMAND AND 5,090 5,090 + CONTROL. +023 CHEYENNE MOUNTAIN 10,145 10,145 + COMPLEX. +024 MISSION PLANNING 14,508 14,508 + SYSTEMS. +026 INTEGRATED STRAT PLAN 9,901 9,901 + & ANALY NETWORK + (ISPAN). + SPCL COMM-ELECTRONICS + PROJECTS +027 GENERAL INFORMATION 26,933 26,933 + TECHNOLOGY. +028 AF GLOBAL COMMAND & 2,756 2,756 + CONTROL SYS. +029 BATTLEFIELD AIRBORNE 48,478 48,478 + CONTROL NODE (BACN). +030 MOBILITY COMMAND AND 21,186 21,186 + CONTROL. +031 AIR FORCE PHYSICAL 178,361 178,361 + SECURITY SYSTEM. +032 COMBAT TRAINING 233,993 261,993 + RANGES. + Joint threat [28,000] + emitters. +033 MINIMUM ESSENTIAL 132,648 132,648 + EMERGENCY COMM N. +034 WIDE AREA 80,818 42,118 + SURVEILLANCE (WAS). + Program decrease. [-38,700] +035 C3 COUNTERMEASURES... 25,036 25,036 +036 INTEGRATED PERSONNEL 20,900 0 + AND PAY SYSTEM. + Poor agile [-20,900] + implementation. +037 GCSS-AF FOS.......... 11,226 11,226 +038 DEFENSE ENTERPRISE 1,905 1,905 + ACCOUNTING & MGT SYS. +039 MAINTENANCE REPAIR & 1,912 1,912 + OVERHAUL INITIATIVE. +040 THEATER BATTLE MGT C2 6,337 6,337 + SYSTEM. +041 AIR & SPACE 33,243 33,243 + OPERATIONS CENTER + (AOC). + AIR FORCE + COMMUNICATIONS +043 BASE INFORMATION 69,530 62,280 + TRANSPT INFRAST + (BITI) WIRED. + Restoring [-7,250] + acquisition + accountability. +044 AFNET................ 147,063 147,063 +045 JOINT COMMUNICATIONS 6,505 6,505 + SUPPORT ELEMENT + (JCSE). +046 USCENTCOM............ 20,190 20,190 +047 USSTRATCOM........... 11,244 11,244 + ORGANIZATION AND BASE +048 TACTICAL C-E 143,757 143,757 + EQUIPMENT. +050 RADIO EQUIPMENT...... 15,402 15,402 +051 CCTV/AUDIOVISUAL 3,211 3,211 + EQUIPMENT. +052 BASE COMM 43,123 43,123 + INFRASTRUCTURE. + MODIFICATIONS +053 COMM ELECT MODS...... 14,500 14,500 + PERSONAL SAFETY & + RESCUE EQUIP +054 PERSONAL SAFETY AND 50,634 50,634 + RESCUE EQUIPMENT. + DEPOT PLANT+MTRLS + HANDLING EQ +055 POWER CONDITIONING 11,000 11,000 + EQUIPMENT. +056 MECHANIZED MATERIAL 11,901 11,901 + HANDLING EQUIP. + BASE SUPPORT + EQUIPMENT +057 BASE PROCURED 23,963 23,963 + EQUIPMENT. +058 ENGINEERING AND EOD 34,124 34,124 + EQUIPMENT. +059 MOBILITY EQUIPMENT... 26,439 26,439 +060 FUELS SUPPORT 24,255 24,255 + EQUIPMENT (FSE). +061 BASE MAINTENANCE AND 38,986 38,986 + SUPPORT EQUIPMENT. + SPECIAL SUPPORT + PROJECTS +063 DARP RC135........... 26,716 26,716 +064 DCGS-AF.............. 116,055 116,055 +066 SPECIAL UPDATE 835,148 835,148 + PROGRAM. + CLASSIFIED PROGRAMS +066A CLASSIFIED PROGRAMS.. 18,292,807 18,292,807 + SPARES AND REPAIR + PARTS +067 SPARES AND REPAIR 81,340 81,340 + PARTS. + TOTAL OTHER 21,342,857 21,303,034 + PROCUREMENT, AIR + FORCE. - ADMINISTRATION AND SERVICEWIDE ACTIVITIES - 080 ADMINISTRATION....................................................... 69,436 69,436 - 090 RECRUITING AND ADVERTISING........................................... 22,124 22,124 - 100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................... 10,946 10,946 - 110 OTHER PERS SUPPORT (DISABILITY COMP)................................. 7,009 7,009 - 120 AUDIOVISUAL.......................................................... 448 448 - SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES................... 109,963 109,963 + PROCUREMENT, DEFENSE- + WIDE + MAJOR EQUIPMENT, OSD +022 MAJOR EQUIPMENT, DPAA 1,504 1,504 +045 MAJOR EQUIPMENT, OSD. 43,705 43,705 + MAJOR EQUIPMENT, NSA +044 INFORMATION SYSTEMS 1,533 133 + SECURITY PROGRAM + (ISSP). + Realignment to [-1,400] + DISA for + Sharkseer. + MAJOR EQUIPMENT, WHS +049 MAJOR EQUIPMENT, WHS. 507 507 + MAJOR EQUIPMENT, DISA +008 INFORMATION SYSTEMS 3,318 4,718 + SECURITY. + Realignment for [1,400] + Sharkseer. +009 TELEPORT PROGRAM..... 25,103 25,103 +010 ITEMS LESS THAN $5 26,416 26,416 + MILLION. +012 DEFENSE INFORMATION 17,574 17,574 + SYSTEM NETWORK. +014 WHITE HOUSE 45,079 45,079 + COMMUNICATION AGENCY. +015 SENIOR LEADERSHIP 78,669 78,669 + ENTERPRISE. +016 JOINT REGIONAL 88,000 88,000 + SECURITY STACKS + (JRSS). +017 JOINT SERVICE 107,907 107,907 + PROVIDER. + MAJOR EQUIPMENT, DLA +019 MAJOR EQUIPMENT...... 8,122 8,122 + MAJOR EQUIPMENT, DSS +023 MAJOR EQUIPMENT...... 496 496 + MAJOR EQUIPMENT, TJS +046 MAJOR EQUIPMENT, TJS. 6,905 6,905 +047 MAJOR EQUIPMENT--TJS 1,458 1,458 + CYBER. + MAJOR EQUIPMENT, + MISSILE DEFENSE + AGENCY +028 THAAD................ 425,863 388,543 + Unit cost savings [-37,320] +029 GROUND BASED 9,471 9,471 + MIDCOURSE. +031 AEGIS BMD............ 600,773 565,374 + SM-3 Block IB [-35,399] + multiyear unit + cost savings. +032 AEGIS BMD............ 96,995 96,995 +033 BMDS AN/TPY-2 RADARS. 10,046 10,046 +034 ARROW 3 UPPER TIER 55,000 55,000 + SYSTEMS. +035 SHORT RANGE BALLISTIC 50,000 50,000 + MISSILE DEFENSE + (SRBMD). +036 AEGIS ASHORE PHASE 25,659 25,659 + III. +037 IRON DOME............ 95,000 95,000 +038 AEGIS BMD HARDWARE 124,986 124,986 + AND SOFTWARE. + MAJOR EQUIPMENT, DHRA +003 PERSONNEL 5,030 5,030 + ADMINISTRATION. + MAJOR EQUIPMENT, + DEFENSE THREAT + REDUCTION AGENCY +025 VEHICLES............. 211 211 +026 OTHER MAJOR EQUIPMENT 11,521 11,521 + MAJOR EQUIPMENT, + DODEA +021 AUTOMATION/ 1,320 1,320 + EDUCATIONAL SUPPORT + & LOGISTICS. + MAJOR EQUIPMENT, DCMA +002 MAJOR EQUIPMENT...... 2,432 2,432 + MAJOR EQUIPMENT, + DMACT +020 MAJOR EQUIPMENT...... 10,961 10,961 + CLASSIFIED PROGRAMS +049A CLASSIFIED PROGRAMS.. 589,366 589,366 + AVIATION PROGRAMS +053 ROTARY WING UPGRADES 172,020 172,020 + AND SUSTAINMENT. +054 UNMANNED ISR......... 15,208 15,208 +055 NON-STANDARD AVIATION 32,310 32,310 +056 U-28................. 10,898 10,898 +057 MH-47 CHINOOK........ 173,812 173,812 +058 CV-22 MODIFICATION... 17,256 17,256 +059 MQ-9 UNMANNED AERIAL 5,338 5,338 + VEHICLE. +060 PRECISION STRIKE 232,930 232,930 + PACKAGE. +061 AC/MC-130J........... 173,419 165,019 + RFCM realignment [-8,400] + to RDAF FVL. +062 C-130 MODIFICATIONS.. 15,582 15,582 + SHIPBUILDING +063 UNDERWATER SYSTEMS... 58,991 58,991 + AMMUNITION PROGRAMS +064 ORDNANCE ITEMS <$5M.. 279,992 279,992 + OTHER PROCUREMENT + PROGRAMS +065 INTELLIGENCE SYSTEMS. 100,641 100,641 +066 DISTRIBUTED COMMON 12,522 12,522 + GROUND/SURFACE + SYSTEMS. +067 OTHER ITEMS <$5M..... 103,910 103,910 +068 COMBATANT CRAFT 33,088 33,088 + SYSTEMS. +069 SPECIAL PROGRAMS..... 63,467 63,467 +070 TACTICAL VEHICLES.... 77,832 77,832 +071 WARRIOR SYSTEMS <$5M. 298,480 298,480 +072 COMBAT MISSION 19,702 19,702 + REQUIREMENTS. +073 GLOBAL VIDEO 4,787 4,787 + SURVEILLANCE + ACTIVITIES. +074 OPERATIONAL 8,175 8,175 + ENHANCEMENTS + INTELLIGENCE. +075 OPERATIONAL 282,532 282,532 + ENHANCEMENTS. + CBDP +076 CHEMICAL BIOLOGICAL 162,406 162,406 + SITUATIONAL + AWARENESS. +077 CB PROTECTION & 188,188 183,618 + HAZARD MITIGATION. + Unjustified [-4,570] + growth. + TOTAL 5,114,416 5,028,727 + PROCUREMENT, + DEFENSE-WIDE. - TOTAL OPERATION & MAINTENANCE, AF RESERVE............................ 2,231,445 3,396,818 + JOINT URGENT + OPERATIONAL NEEDS + FUND + JOINT URGENT + OPERATIONAL NEEDS + FUND +001 JOINT URGENT 99,200 0 + OPERATIONAL NEEDS + FUND. + Program decrease. [-99,200] + TOTAL JOINT 99,200 0 + URGENT + OPERATIONAL + NEEDS FUND. - OPERATION & MAINTENANCE, ANG - OPERATING FORCES - 010 AIRCRAFT OPERATIONS.................................................. 2,497,967 2,497,967 - 020 MISSION SUPPORT OPERATIONS........................................... 600,377 600,377 - 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 0 879,467 - Transfer back to base funding.................................... [879,467] - 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 400,734 400,734 - 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 0 1,299,089 - Transfer back to base funding.................................... [1,299,089] - 060 BASE SUPPORT......................................................... 0 911,775 - Transfer back to base funding.................................... [911,775] - 070 CYBERSPACE SUSTAINMENT............................................... 0 24,742 - Transfer back to base funding.................................... [24,742] - 080 CYBERSPACE ACTIVITIES................................................ 25,507 25,507 - SUBTOTAL OPERATING FORCES............................................ 3,524,585 6,639,658 + TOTAL 132,343,701 133,100,265 + PROCUREMENT. +------------------------------------------------------------------------ + + +SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. + + +------------------------------------------------------------------------ +SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands + of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Line Item Request Authorized +------------------------------------------------------------------------ + AIRCRAFT PROCUREMENT, + ARMY + FIXED WING +003 MQ-1 UAV............. 54,000 54,000 + ROTARY +015 CH-47 HELICOPTER..... 25,000 25,000 + MODIFICATION OF + AIRCRAFT +021 MULTI SENSOR ABN 80,260 80,260 + RECON (MIP). +024 GRCS SEMA MODS (MIP). 750 750 +026 EMARSS SEMA MODS 22,180 22,180 + (MIP). +027 UTILITY/CARGO 8,362 8,362 + AIRPLANE MODS. +029 NETWORK AND MISSION 10 10 + PLAN. +031 DEGRADED VISUAL 49,450 49,450 + ENVIRONMENT. + GROUND SUPPORT + AVIONICS +037 CMWS................. 130,219 130,219 +038 COMMON INFRARED 9,310 9,310 + COUNTERMEASURES + (CIRCM). + OTHER SUPPORT +045 LAUNCHER GUIDED 2,000 2,000 + MISSILE: LONGBOW + HELLFIRE XM2. + TOTAL AIRCRAFT 381,541 381,541 + PROCUREMENT, ARMY. - ADMINISTRATION AND SERVICE-WIDE ACTIVITIES - 090 ADMINISTRATION....................................................... 47,215 47,215 - 100 RECRUITING AND ADVERTISING........................................... 40,356 40,356 - SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES.................. 87,571 87,571 + MISSILE PROCUREMENT, + ARMY + SURFACE-TO-AIR + MISSILE SYSTEM +002 M-SHORAD--PROCUREMENT 158,300 158,300 +003 MSE MISSILE.......... 37,938 37,938 + AIR-TO-SURFACE + MISSILE SYSTEM +006 HELLFIRE SYS SUMMARY. 236,265 236,265 + ANTI-TANK/ASSAULT + MISSILE SYS +008 JAVELIN (AAWS-M) 4,389 4,389 + SYSTEM SUMMARY. +011 GUIDED MLRS ROCKET 431,596 431,596 + (GMLRS). +014 ARMY TACTICAL MSL SYS 130,770 130,770 + (ATACMS)--SYS SUM. +015 LETHAL MINIATURE 83,300 83,300 + AERIAL MISSILE + SYSTEM (LMAMS. + MODIFICATIONS +019 STINGER MODS......... 7,500 7,500 +022 MLRS MODS............ 348,000 336,500 + Excess to need... [-11,500] + TOTAL MISSILE 1,438,058 1,426,558 + PROCUREMENT, ARMY. - TOTAL OPERATION & MAINTENANCE, ANG................................... 3,612,156 6,727,229 + PROCUREMENT OF W&TCV, + ARMY + TRACKED COMBAT + VEHICLES +002 ARMORED MULTI PURPOSE 221,638 221,638 + VEHICLE (AMPV). + MODIFICATION OF + TRACKED COMBAT + VEHICLES +003 STRYKER (MOD)........ 4,100 4,100 +008 IMPROVED RECOVERY 80,146 80,146 + VEHICLE (M88A2 + HERCULES). +013 M1 ABRAMS TANK (MOD). 13,100 13,100 + WEAPONS & OTHER + COMBAT VEHICLES +015 M240 MEDIUM MACHINE 900 900 + GUN (7.62MM). +016 MULTI-ROLE ANTI-ARMOR 2,400 2,400 + ANTI-PERSONNEL + WEAPONS. +019 MORTAR SYSTEMS....... 18,941 18,941 +020 XM320 GRENADE 526 526 + LAUNCHER MODULE + (GLM). +023 CARBINE.............. 1,183 1,183 +025 COMMON REMOTELY 4,182 4,182 + OPERATED WEAPONS + STATION. +026 HANDGUN.............. 248 248 + MOD OF WEAPONS AND + OTHER COMBAT VEH +031 M2 50 CAL MACHINE GUN 6,090 6,090 + MODS. + TOTAL PROCUREMENT OF 353,454 353,454 + W&TCV, ARMY. - OPERATION AND MAINTENANCE, DEFENSE-WIDE - OPERATING FORCES - 010 JOINT CHIEFS OF STAFF................................................ 409,542 409,542 - 020 JOINT CHIEFS OF STAFF--CE2T2......................................... 579,179 579,179 - 030 JOINT CHIEFS OF STAFF--CYBER......................................... 24,598 24,598 - 040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES............. 1,075,762 1,075,762 - 050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES..................... 14,409 14,409 - 060 SPECIAL OPERATIONS COMMAND INTELLIGENCE.............................. 501,747 501,747 - 070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................... 559,300 559,300 - 080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS....... 177,928 177,928 - 090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT....................... 925,262 925,262 - 100 SPECIAL OPERATIONS COMMAND THEATER FORCES............................ 2,764,738 2,764,738 - SUBTOTAL OPERATING FORCES............................................ 7,032,465 7,032,465 + PROCUREMENT OF + AMMUNITION, ARMY + SMALL/MEDIUM CAL + AMMUNITION +001 CTG, 5.56MM, ALL 567 567 + TYPES. +002 CTG, 7.62MM, ALL 40 40 + TYPES. +003 CTG, HANDGUN, ALL 17 17 + TYPES. +004 CTG, .50 CAL, ALL 189 189 + TYPES. +007 CTG, 30MM, ALL TYPES. 24,900 24,900 + ARTILLERY AMMUNITION +015 PROJ 155MM EXTENDED 36,052 36,052 + RANGE M982. +016 ARTILLERY 7,271 7,271 + PROPELLANTS, FUZES + AND PRIMERS, ALL. + ROCKETS +018 SHOULDER LAUNCHED 176 176 + MUNITIONS, ALL TYPES. +019 ROCKET, HYDRA 70, ALL 79,459 79,459 + TYPES. + MISCELLANEOUS +027 ITEMS LESS THAN $5 11 11 + MILLION (AMMO). + TOTAL PROCUREMENT OF 148,682 148,682 + AMMUNITION, ARMY. - TRAINING AND RECRUITING - 120 DEFENSE ACQUISITION UNIVERSITY....................................... 180,250 180,250 - 130 JOINT CHIEFS OF STAFF................................................ 100,610 100,610 - 140 PROFESSIONAL DEVELOPMENT EDUCATION................................... 33,967 33,967 - SUBTOTAL TRAINING AND RECRUITING..................................... 314,827 314,827 + OTHER PROCUREMENT, + ARMY + TACTICAL VEHICLES +010 FAMILY OF HEAVY 26,917 26,917 + TACTICAL VEHICLES + (FHTV). +011 PLS ESP.............. 16,941 16,941 +012 HVY EXPANDED MOBILE 62,734 62,734 + TACTICAL TRUCK EXT + SERV. +014 TACTICAL WHEELED 50,000 50,000 + VEHICLE PROTECTION + KITS. +015 MODIFICATION OF IN 28,000 28,000 + SVC EQUIP. + COMM--JOINT + COMMUNICATIONS +022 TACTICAL NETWORK 40,000 40,000 + TECHNOLOGY MOD IN + SVC. + COMM--SATELLITE + COMMUNICATIONS +029 TRANSPORTABLE 6,930 6,930 + TACTICAL COMMAND + COMMUNICATIONS. +031 ASSURED POSITIONING, 11,778 11,778 + NAVIGATION AND + TIMING. +032 SMART-T (SPACE)...... 825 825 + COMM--COMBAT + COMMUNICATIONS +040 RADIO TERMINAL SET, 350 350 + MIDS LVT(2). +047 COTS COMMUNICATIONS 20,400 20,400 + EQUIPMENT. +048 FAMILY OF MED COMM 1,231 1,231 + FOR COMBAT CASUALTY + CARE. + COMM--INTELLIGENCE + COMM +051 CI AUTOMATION 6,200 6,200 + ARCHITECTURE (MIP). + COMM--LONG HAUL + COMMUNICATIONS +059 BASE SUPPORT 20,482 20,482 + COMMUNICATIONS. + COMM--BASE + COMMUNICATIONS +060 INFORMATION SYSTEMS.. 55,800 55,800 +063 INSTALLATION INFO 75,820 75,820 + INFRASTRUCTURE MOD + PROGRAM. + ELECT EQUIP--TACT INT + REL ACT (TIARA) +068 DCGS-A (MIP)......... 38,613 38,613 +070 TROJAN (MIP)......... 1,337 1,337 +071 MOD OF IN-SVC EQUIP 2,051 2,051 + (INTEL SPT) (MIP). +075 BIOMETRIC TACTICAL 1,800 1,800 + COLLECTION DEVICES + (MIP). + ELECT EQUIP-- + ELECTRONIC WARFARE + (EW) +082 FAMILY OF PERSISTENT 71,493 31,493 + SURVEILLANCE CAP. + (MIP). + Unjustified [-40,000] + growth. +083 COUNTERINTELLIGENCE/ 6,917 6,917 + SECURITY + COUNTERMEASURES. + ELECT EQUIP--TACTICAL + SURV. (TAC SURV) +085 SENTINEL MODS........ 20,000 20,000 +086 NIGHT VISION DEVICES. 3,676 3,676 +094 JOINT BATTLE COMMAND-- 25,568 25,568 + PLATFORM (JBC-P). +097 COMPUTER BALLISTICS: 570 570 + LHMBC XM32. +098 MORTAR FIRE CONTROL 15,975 15,975 + SYSTEM. + ELECT EQUIP--TACTICAL + C2 SYSTEMS +103 AIR & MSL DEFENSE 14,331 14,331 + PLANNING & CONTROL + SYS. + ELECT EQUIP-- + AUTOMATION +112 ARMY TRAINING 6,014 6,014 + MODERNIZATION. +113 AUTOMATED DATA 32,700 32,700 + PROCESSING EQUIP. + CHEMICAL DEFENSIVE + EQUIPMENT +124 FAMILY OF NON-LETHAL 25,480 25,480 + EQUIPMENT (FNLE). +125 BASE DEFENSE SYSTEMS 47,110 39,984 + (BDS). + Unjustified [-7,126] + growth. +126 CBRN DEFENSE......... 18,711 17,461 + Unit cost [-1,250] + discrepancies. + BRIDGING EQUIPMENT +128 TACTICAL BRIDGING.... 4,884 4,884 + ENGINEER (NON- + CONSTRUCTION) + EQUIPMENT +133 GRND STANDOFF MINE 4,500 3,655 + DETECTN SYSM + (GSTAMIDS). + Program reduction [-845] +135 HUSKY MOUNTED 34,253 28,071 + DETECTION SYSTEM + (HMDS). + Program reduction [-6,182] +136 ROBOTIC COMBAT 3,300 3,300 + SUPPORT SYSTEM + (RCSS). +140 RENDER SAFE SETS KITS 84,000 84,000 + OUTFITS. + COMBAT SERVICE + SUPPORT EQUIPMENT +143 HEATERS AND ECU'S.... 8 8 +145 PERSONNEL RECOVERY 5,101 5,101 + SUPPORT SYSTEM + (PRSS). +146 GROUND SOLDIER SYSTEM 1,760 1,760 +148 FORCE PROVIDER....... 56,400 56,400 +150 CARGO AERIAL DEL & 2,040 2,040 + PERSONNEL PARACHUTE + SYSTEM. + PETROLEUM EQUIPMENT +154 DISTRIBUTION SYSTEMS, 13,986 13,986 + PETROLEUM & WATER. + MEDICAL EQUIPMENT +155 COMBAT SUPPORT 2,735 2,735 + MEDICAL. + CONSTRUCTION + EQUIPMENT +159 SCRAPERS, EARTHMOVING 4,669 4,669 +160 LOADERS.............. 380 380 +162 TRACTOR, FULL TRACKED 8,225 8,225 +164 HIGH MOBILITY 3,000 3,000 + ENGINEER EXCAVATOR + (HMEE). +166 CONST EQUIP ESP...... 3,870 3,870 +167 ITEMS LESS THAN $5.0M 350 350 + (CONST EQUIP). + GENERATORS +171 GENERATORS AND 2,436 2,436 + ASSOCIATED EQUIP. + MATERIAL HANDLING + EQUIPMENT +173 FAMILY OF FORKLIFTS.. 5,152 5,152 + TRAINING EQUIPMENT +175 TRAINING DEVICES, 2,106 2,106 + NONSYSTEM. + TEST MEASURE AND DIG + EQUIPMENT (TMD) +181 INTEGRATED FAMILY OF 1,395 1,395 + TEST EQUIPMENT + (IFTE). + OTHER SUPPORT + EQUIPMENT +184 RAPID EQUIPPING 24,122 24,122 + SOLDIER SUPPORT + EQUIPMENT. +185 PHYSICAL SECURITY 10,016 10,016 + SYSTEMS (OPA3). +187 MODIFICATION OF IN- 33,354 33,354 + SVC EQUIPMENT (OPA- + 3). +189 BUILDING, PRE-FAB, 62,654 62,654 + RELOCATABLE. + TOTAL OTHER 1,131,450 1,076,047 + PROCUREMENT, ARMY. - ADMIN & SRVWIDE ACTIVITIES - 160 CIVIL MILITARY PROGRAMS.............................................. 165,707 195,007 - IRT Increase..................................................... [14,300] - Starbase......................................................... [15,000] - 180 DEFENSE CONTRACT AUDIT AGENCY........................................ 627,467 627,467 - 190 DEFENSE CONTRACT AUDIT AGENCY--CYBER................................. 3,362 3,362 - 200 DEFENSE CONTRACT MANAGEMENT AGENCY................................... 1,438,068 1,438,068 - 210 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER............................ 24,391 24,391 - 220 DEFENSE HUMAN RESOURCES ACTIVITY..................................... 892,438 892,438 - 230 DEFENSE INFORMATION SYSTEMS AGENCY................................... 2,012,885 2,007,885 - MilCloud......................................................... [-5,000] - 240 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER............................ 601,223 636,360 - Sharkseer transfer............................................... [35,137] - 270 DEFENSE LEGAL SERVICES AGENCY........................................ 34,632 34,632 - 280 DEFENSE LOGISTICS AGENCY............................................. 415,699 415,699 - 290 DEFENSE MEDIA ACTIVITY............................................... 202,792 202,792 - 300 DEFENSE PERSONNEL ACCOUNTING AGENCY.................................. 144,881 144,881 - 310 DEFENSE SECURITY COOPERATION AGENCY.................................. 696,884 696,884 - Assessment, monitoring, and evaluation........................... [11,000] - Security cooperation account..................................... [-11,000] - 320 DEFENSE SECURITY SERVICE............................................. 889,664 899,664 - Consolidated Adjudication Facility............................... [10,000] - 340 DEFENSE SECURITY SERVICE--CYBER...................................... 9,220 9,220 - 360 DEFENSE TECHNICAL INFORMATION CENTER................................. 3,000 3,000 - 370 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................... 35,626 35,626 - 380 DEFENSE THREAT REDUCTION AGENCY...................................... 568,133 568,133 - 400 DEFENSE THREAT REDUCTION AGENCY--CYBER............................... 13,339 13,339 - 410 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY............................. 2,932,226 2,982,226 - Impact aid for children with severe disabilities................. [10,000] - Impact aid for schools with military dependent students.......... [40,000] - 420 MISSILE DEFENSE AGENCY............................................... 522,529 422,729 - THAAD program transfer to Army................................... [-99,800] - 450 OFFICE OF ECONOMIC ADJUSTMENT........................................ 59,513 59,513 - 460 OFFICE OF THE SECRETARY OF DEFENSE................................... 1,604,738 1,678,738 - Bien Hoa dioxin cleanup.......................................... [15,000] - CDC study........................................................ [10,000] - Emerging contaminants............................................ [1,000] - Industrial policy implementation of EO13806...................... [15,000] - Interstate compacts for licensure and credentialing.............. [4,000] - National Commission on Military Aviation Safety.................. [3,000] - National Commission on Military, National, and Public Service.... [1,000] - Readiness and Environmental Protection Integration............... [25,000] - 470 OFFICE OF THE SECRETARY OF DEFENSE--CYBER............................ 48,783 48,783 - 480 SPACE DEVELOPMENT AGENCY............................................. 44,750 44,750 - 500 WASHINGTON HEADQUARTERS SERVICES..................................... 324,001 329,001 - Defense Digital Service Hires.................................... [5,000] - 9999 CLASSIFIED PROGRAMS.................................................. 15,736,098 15,781,461 - Sharkseer transfer............................................... [-35,137] - Transfer back to base funding.................................... [80,500] - SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 30,052,049 30,196,049 + AIRCRAFT PROCUREMENT, + NAVY + OTHER AIRCRAFT +026 STUASL0 UAV.......... 7,921 7,921 +027 MQ-9A REAPER......... 77,000 77,000 + MODIFICATION OF + AIRCRAFT +036 EP-3 SERIES.......... 5,488 5,488 +046 SPECIAL PROJECT 3,498 3,498 + AIRCRAFT. +051 COMMON ECM EQUIPMENT. 3,406 3,406 +053 COMMON DEFENSIVE 3,274 3,274 + WEAPON SYSTEM. +062 QRC.................. 18,458 18,458 + TOTAL AIRCRAFT 119,045 119,045 + PROCUREMENT, NAVY. - TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE........................ 37,399,341 37,543,341 + WEAPONS PROCUREMENT, + NAVY + TACTICAL MISSILES +011 JOINT AIR GROUND 90,966 90,966 + MISSILE (JAGM). +015 AERIAL TARGETS....... 6,500 6,500 + TOTAL WEAPONS 97,466 97,466 + PROCUREMENT, NAVY. - MISCELLANEOUS APPROPRIATIONS - US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE - 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE.................... 14,771 14,771 - SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE........... 14,771 14,771 + PROCUREMENT OF AMMO, + NAVY & MC + NAVY AMMUNITION +001 GENERAL PURPOSE BOMBS 26,978 26,978 +002 JDAM................. 12,263 12,263 +003 AIRBORNE ROCKETS, ALL 45,020 45,020 + TYPES. +004 MACHINE GUN 33,577 33,577 + AMMUNITION. +005 PRACTICE BOMBS....... 11,903 11,903 +006 CARTRIDGES & CART 15,081 15,081 + ACTUATED DEVICES. +007 AIR EXPENDABLE 16,911 16,911 + COUNTERMEASURES. +011 OTHER SHIP GUN 3,262 3,262 + AMMUNITION. +012 SMALL ARMS & LANDING 1,010 1,010 + PARTY AMMO. +013 PYROTECHNIC AND 537 537 + DEMOLITION. + MARINE CORPS + AMMUNITION +016 MORTARS.............. 1,930 1,930 +017 DIRECT SUPPORT 1,172 1,172 + MUNITIONS. +018 INFANTRY WEAPONS 2,158 2,158 + AMMUNITION. +019 COMBAT SUPPORT 965 965 + MUNITIONS. +021 ARTILLERY MUNITIONS.. 32,047 32,047 + TOTAL PROCUREMENT OF 204,814 204,814 + AMMO, NAVY & MC. - OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID - 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID........................ 108,600 108,600 - SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID............... 108,600 108,600 + OTHER PROCUREMENT, + NAVY + OTHER SHIPBOARD + EQUIPMENT +020 UNDERWATER EOD 5,800 5,800 + PROGRAMS. + ASW ELECTRONIC + EQUIPMENT +042 FIXED SURVEILLANCE 310,503 310,503 + SYSTEM. + SONOBUOYS +085 SONOBUOYS--ALL TYPES. 2,910 2,910 + AIRCRAFT SUPPORT + EQUIPMENT +088 AIRCRAFT SUPPORT 13,420 13,420 + EQUIPMENT. +094 AVIATION SUPPORT 500 500 + EQUIPMENT. + OTHER ORDNANCE + SUPPORT EQUIPMENT +103 EXPLOSIVE ORDNANCE 15,307 15,307 + DISPOSAL EQUIP. + CIVIL ENGINEERING + SUPPORT EQUIPMENT +108 PASSENGER CARRYING 173 173 + VEHICLES. +109 GENERAL PURPOSE 408 408 + TRUCKS. +111 FIRE FIGHTING 785 785 + EQUIPMENT. + SUPPLY SUPPORT + EQUIPMENT +117 SUPPLY EQUIPMENT..... 100 100 +118 FIRST DESTINATION 510 510 + TRANSPORTATION. + COMMAND SUPPORT + EQUIPMENT +122 COMMAND SUPPORT 2,800 2,800 + EQUIPMENT. +123 MEDICAL SUPPORT 1,794 1,794 + EQUIPMENT. +126 OPERATING FORCES 1,090 1,090 + SUPPORT EQUIPMENT. +128 ENVIRONMENTAL SUPPORT 200 200 + EQUIPMENT. +129 PHYSICAL SECURITY 1,300 1,300 + EQUIPMENT. + TOTAL OTHER 357,600 357,600 + PROCUREMENT, NAVY. - COOPERATIVE THREAT REDUCTION - 010 COOPERATIVE THREAT REDUCTION......................................... 338,700 338,700 - SUBTOTAL COOPERATIVE THREAT REDUCTION................................ 338,700 338,700 + PROCUREMENT, MARINE + CORPS + GUIDED MISSILES +012 GUIDED MLRS ROCKET 16,919 16,919 + (GMLRS). + ENGINEER AND OTHER + EQUIPMENT +045 EOD SYSTEMS.......... 3,670 3,670 + TOTAL PROCUREMENT, 20,589 20,589 + MARINE CORPS. - ACQ WORKFORCE DEV FD - 010 ACQ WORKFORCE DEV FD................................................. 400,000 400,000 - SUBTOTAL ACQ WORKFORCE DEV FD........................................ 400,000 400,000 + AIRCRAFT PROCUREMENT, + AIR FORCE + OTHER AIRCRAFT +017 MQ-9................. 172,240 172,240 +018 RQ-20B PUMA.......... 12,150 12,150 + STRATEGIC AIRCRAFT +022 LARGE AIRCRAFT 53,335 53,335 + INFRARED + COUNTERMEASURES. + OTHER AIRCRAFT +067 MQ-9 UAS PAYLOADS.... 19,800 19,800 + AIRCRAFT SPARES AND + REPAIR PARTS +069 INITIAL SPARES/REPAIR 44,560 44,560 + PARTS. + COMMON SUPPORT + EQUIPMENT +072 AIRCRAFT REPLACEMENT 7,025 7,025 + SUPPORT EQUIP. + TOTAL AIRCRAFT 309,110 309,110 + PROCUREMENT, AIR + FORCE. - ENVIRONMENTAL RESTORATION, ARMY - 050 ENVIRONMENTAL RESTORATION, ARMY...................................... 207,518 207,518 - SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY............................. 207,518 207,518 + MISSILE PROCUREMENT, + AIR FORCE + TACTICAL +004 JOINT AIR-SURFACE 20,900 20,900 + STANDOFF MISSILE. +008 PREDATOR HELLFIRE 180,771 180,771 + MISSILE. + TOTAL MISSILE 201,671 201,671 + PROCUREMENT, AIR + FORCE. - ENVIRONMENTAL RESTORATION, NAVY - 060 ENVIRONMENTAL RESTORATION, NAVY...................................... 335,932 335,932 - SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY............................. 335,932 335,932 + PROCUREMENT OF + AMMUNITION, AIR + FORCE + ROCKETS +001 ROCKETS.............. 84,960 84,960 + CARTRIDGES +002 CARTRIDGES........... 52,642 52,642 + BOMBS +004 GENERAL PURPOSE BOMBS 545,309 545,309 + FLARES +015 FLARES............... 93,272 93,272 + FUZES +016 FUZES................ 157,155 157,155 + SMALL ARMS +017 SMALL ARMS........... 6,095 6,095 + TOTAL PROCUREMENT OF 939,433 939,433 + AMMUNITION, AIR + FORCE. - ENVIRONMENTAL RESTORATION, AIR FORCE - 070 ENVIRONMENTAL RESTORATION, AIR FORCE................................. 302,744 302,744 - SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE........................ 302,744 302,744 + OTHER PROCUREMENT, + AIR FORCE + PASSENGER CARRYING + VEHICLES +001 PASSENGER CARRYING 1,276 1,276 + VEHICLES. + CARGO AND UTILITY + VEHICLES +004 CARGO AND UTILITY 9,702 9,702 + VEHICLES. + SPECIAL PURPOSE + VEHICLES +005 JOINT LIGHT TACTICAL 40,999 40,999 + VEHICLE. +007 SPECIAL PURPOSE 52,502 52,502 + VEHICLES. + FIRE FIGHTING + EQUIPMENT +008 FIRE FIGHTING/CRASH 16,652 16,652 + RESCUE VEHICLES. + MATERIALS HANDLING + EQUIPMENT +009 MATERIALS HANDLING 2,944 2,944 + VEHICLES. + BASE MAINTENANCE + SUPPORT +010 RUNWAY SNOW REMOV AND 3,753 3,753 + CLEANING EQU. +011 BASE MAINTENANCE 11,837 11,837 + SUPPORT VEHICLES. + SPCL COMM-ELECTRONICS + PROJECTS +027 GENERAL INFORMATION 5,000 5,000 + TECHNOLOGY. +031 AIR FORCE PHYSICAL 106,919 106,919 + SECURITY SYSTEM. + ORGANIZATION AND BASE +048 TACTICAL C-E 306 306 + EQUIPMENT. +052 BASE COMM 4,300 4,300 + INFRASTRUCTURE. + PERSONAL SAFETY & + RESCUE EQUIP +054 PERSONAL SAFETY AND 22,200 22,200 + RESCUE EQUIPMENT. + BASE SUPPORT + EQUIPMENT +059 MOBILITY EQUIPMENT... 26,535 26,535 +060 FUELS SUPPORT 4,040 4,040 + EQUIPMENT (FSE). +061 BASE MAINTENANCE AND 20,067 20,067 + SUPPORT EQUIPMENT. + CLASSIFIED PROGRAMS +066A CLASSIFIED PROGRAMS.. 3,209,066 3,209,066 + TOTAL OTHER 3,538,098 3,538,098 + PROCUREMENT, AIR + FORCE. - ENVIRONMENTAL RESTORATION, DEFENSE - 080 ENVIRONMENTAL RESTORATION, DEFENSE................................... 9,105 9,105 - SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE.......................... 9,105 9,105 + PROCUREMENT, DEFENSE- + WIDE + MAJOR EQUIPMENT, DISA +009 TELEPORT PROGRAM..... 3,800 3,800 +012 DEFENSE INFORMATION 12,000 12,000 + SYSTEM NETWORK. + MAJOR EQUIPMENT, + DEFENSE THREAT + REDUCTION AGENCY +027 COUNTER IED & 4,590 4,590 + IMPROVISED THREAT + TECHNOLOGIES. + CLASSIFIED PROGRAMS +049A CLASSIFIED PROGRAMS.. 51,380 46,380 + Program decrease. [-5,000] + AVIATION PROGRAMS +050 MANNED ISR........... 5,000 5,000 +051 MC-12................ 5,000 5,000 +052 MH-60 BLACKHAWK...... 28,100 28,100 +054 UNMANNED ISR......... 8,207 8,207 +056 U-28................. 31,500 31,500 +057 MH-47 CHINOOK........ 37,500 37,500 +059 MQ-9 UNMANNED AERIAL 1,900 1,900 + VEHICLE. + AMMUNITION PROGRAMS +064 ORDNANCE ITEMS <$5M.. 138,252 138,252 + OTHER PROCUREMENT + PROGRAMS +065 INTELLIGENCE SYSTEMS. 16,500 16,500 +067 OTHER ITEMS <$5M..... 28 28 +070 TACTICAL VEHICLES.... 2,990 2,990 +071 WARRIOR SYSTEMS <$5M. 37,512 37,512 +072 COMBAT MISSION 10,000 10,000 + REQUIREMENTS. +074 OPERATIONAL 7,594 7,594 + ENHANCEMENTS + INTELLIGENCE. +075 OPERATIONAL 45,194 45,194 + ENHANCEMENTS. + TOTAL PROCUREMENT, 447,047 442,047 + DEFENSE-WIDE. - ENVIRONMENTAL RESTORATION FORMERLY USED SITES - 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES........................ 216,499 216,499 - SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES............... 216,499 216,499 + NATIONAL GUARD AND + RESERVE EQUIPMENT + UNDISTRIBUTED +007 UNDISTRIBUTED........ 265,000 + Program increase. [265,000] + TOTAL NATIONAL GUARD 265,000 + AND RESERVE + EQUIPMENT. - TOTAL MISCELLANEOUS APPROPRIATIONS................................... 1,933,869 1,933,869 + TOTAL PROCUREMENT.... 9,688,058 9,881,155 +------------------------------------------------------------------------ + + +SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS. + + +------------------------------------------------------------------------ + SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS (In Thousands of + Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Line Item Request Authorized +------------------------------------------------------------------------ + OTHER PROCUREMENT, + NAVY + COMMAND SUPPORT + EQUIPMENT +122 COMMAND SUPPORT 0 233,000 + EQUIPMENT. + Earthquake damage [233,000] + recovery. + TOTAL PROCUREMENT, 233,000 + NAVY. - UNDISTRIBUTED - UNDISTRIBUTED - 999 UNDISTRIBUTED........................................................ 0 -590,000 - Foreign currency fluctuation fund reduction...................... [-607,000] - JROTC............................................................ [25,000] - Printing inefficiencies.......................................... [-8,000] - SUBTOTAL UNDISTRIBUTED............................................... 0 -590,000 + AIRCRAFT PROCUREMENT, + AIR FORCE + TACTICAL FORCES + OTHER AIRCRAFT +055 RC-135............... 0 204,448 + Equipment [204,448] + replacement. + COMMON SUPPORT + EQUIPMENT +072 AIRCRAFT REPLACEMENT 46,000 + SUPPORT EQUIP. + Equipment [46,000] + replacement. + TOTAL AIRCRAFT 0 250,448 + PROCUREMENT, AIR + FORCE. - TOTAL UNDISTRIBUTED.................................................. 0 -590,000 + OTHER PROCUREMENT, + AIR FORCE + PASSENGER CARRYING + VEHICLES +001 PASSENGER CARRYING 0 994 + VEHICLES. + Equipment [994] + replacement. + CARGO AND UTILITY + VEHICLES +004 CARGO AND UTILITY 0 126 + VEHICLES. + Equipment [126] + replacement. + SPECIAL PURPOSE + VEHICLES +007 SPECIAL PURPOSE 0 306 + VEHICLES. + Equipment [306] + replacement. + FIRE FIGHTING + EQUIPMENT +009 MATERIALS HANDLING 0 276 + VEHICLES. + Equipment [994] + replacement. + BASE MAINTENANCE + SUPPORT +011 BASE MAINTENANCE 0 2,400 + SUPPORT VEHICLES. + Equipment [994] + replacement. + BASE SUPPORT + EQUIPMENT +057 BASE PROCURED 0 49,434 + EQUIPMENT. + Equipment [49,434] + replacement. + SPECIAL SUPPORT + PROJECTS +063 DARP RC135........... 0 29,438 + Equipment [29,438] + replacement. + TOTAL OTHER 0 82,974 + PROCUREMENT, AIR + FORCE. - TOTAL OPERATION & MAINTENANCE........................................ 123,944,614 205,396,660 ----------------------------------------------------------------------------------------------------------------- + TOTAL PROCUREMENT.... 0 566,422 +------------------------------------------------------------------------ + + + TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION + +Sec. 4201. Research, development, test, and evaluation. +Sec. 4202. Research, development, test, and evaluation for overseas + contingency operations. +Sec. 4203. Research, development, test, and evaluation for emergency + requirements. +SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. -SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY - OPERATIONS. ---------------------------------------------------------------------------------------------------------------- - SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) + SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) ----------------------------------------------------------------------------------------------------------------- - FY 2020 Senate - Line Item Request Authorized + FY 2020 Conference + Line Program Element Item Request Authorized ---------------------------------------------------------------------------------------------------------------- - OPERATION & MAINTENANCE, ARMY - OPERATING FORCES - 010 MANEUVER UNITS....................................................... 3,146,796 1,410,874 - Transfer back to base funding.................................... [-1,735,922] - 020 MODULAR SUPPORT BRIGADES............................................. 127,815 0 - Transfer back to base funding.................................... [-127,815] - 030 ECHELONS ABOVE BRIGADE............................................... 742,858 26,502 - Transfer back to base funding.................................... [-716,356] - 040 THEATER LEVEL ASSETS................................................. 3,165,381 2,274,490 - Transfer back to base funding.................................... [-890,891] - 050 LAND FORCES OPERATIONS SUPPORT....................................... 1,368,765 136,288 - Transfer back to base funding.................................... [-1,232,477] - 060 AVIATION ASSETS...................................................... 1,655,846 300,240 - Transfer back to base funding.................................... [-1,355,606] - 070 FORCE READINESS OPERATIONS SUPPORT................................... 6,889,293 3,415,009 - Transfer back to base funding.................................... [-3,474,284] - 080 LAND FORCES SYSTEMS READINESS........................................ 29,985 29,985 - 090 LAND FORCES DEPOT MAINTENANCE........................................ 1,720,258 86,931 - Transfer back to base funding.................................... [-1,633,327] - 100 BASE OPERATIONS SUPPORT.............................................. 8,163,639 115,706 - Transfer back to base funding.................................... [-8,047,933] - 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 72,657 72,657 - 130 ADDITIONAL ACTIVITIES................................................ 6,397,586 6,397,586 - 140 COMMANDER'S EMERGENCY RESPONSE PROGRAM............................... 5,000 5,000 - 150 RESET................................................................ 1,048,896 1,048,896 - 160 US AFRICA COMMAND.................................................... 203,174 203,174 - 170 US EUROPEAN COMMAND.................................................. 173,676 173,676 - 200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 188,529 188,529 - 210 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 5,682 5,682 - SUBTOTAL OPERATING FORCES............................................ 35,105,836 15,891,225 - - MOBILIZATION - 230 ARMY PREPOSITIONED STOCKS............................................ 131,954 131,954 - SUBTOTAL MOBILIZATION................................................ 131,954 131,954 - - ADMIN & SRVWIDE ACTIVITIES - 390 SERVICEWIDE TRANSPORTATION........................................... 721,014 721,014 - 400 CENTRAL SUPPLY ACTIVITIES............................................ 66,845 66,845 - 410 LOGISTIC SUPPORT ACTIVITIES.......................................... 9,309 9,309 - 420 AMMUNITION MANAGEMENT................................................ 23,653 23,653 - 460 OTHER PERSONNEL SUPPORT.............................................. 109,019 109,019 - 490 REAL ESTATE MANAGEMENT............................................... 251,355 251,355 - 9999 CLASSIFIED PROGRAMS.................................................. 1,568,564 1,568,564 - SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 2,749,759 2,749,759 - - TOTAL OPERATION & MAINTENANCE, ARMY.................................. 37,987,549 18,772,938 - - OPERATION & MAINTENANCE, ARMY RES - OPERATING FORCES - 010 MODULAR SUPPORT BRIGADES............................................. 11,927 0 - Transfer back to base funding.................................... [-11,927] - 020 ECHELONS ABOVE BRIGADE............................................... 553,455 20,440 - Transfer back to base funding.................................... [-533,015] - 030 THEATER LEVEL ASSETS................................................. 119,517 0 - Transfer back to base funding.................................... [-119,517] - 040 LAND FORCES OPERATIONS SUPPORT....................................... 550,468 0 - Transfer back to base funding.................................... [-550,468] - 050 AVIATION ASSETS...................................................... 86,670 0 - Transfer back to base funding.................................... [-86,670] - 060 FORCE READINESS OPERATIONS SUPPORT................................... 689 689 - 080 LAND FORCES DEPOT MAINTENANCE........................................ 48,503 0 - Transfer back to base funding.................................... [-48,503] - 090 BASE OPERATIONS SUPPORT.............................................. 615,370 16,463 - Transfer back to base funding.................................... [-598,907] - SUBTOTAL OPERATING FORCES............................................ 1,986,599 37,592 - - TOTAL OPERATION & MAINTENANCE, ARMY RES.............................. 1,986,599 37,592 - - OPERATION & MAINTENANCE, ARNG - OPERATING FORCES - 010 MANEUVER UNITS....................................................... 851,567 45,896 - Transfer back to base funding.................................... [-805,671] - 020 MODULAR SUPPORT BRIGADES............................................. 195,514 180 - Transfer back to base funding.................................... [-195,334] - 030 ECHELONS ABOVE BRIGADE............................................... 774,030 2,982 - Transfer back to base funding.................................... [-771,048] - 040 THEATER LEVEL ASSETS................................................. 95,274 548 - Transfer back to base funding.................................... [-94,726] - 050 LAND FORCES OPERATIONS SUPPORT....................................... 33,696 0 - Transfer back to base funding.................................... [-33,696] - 060 AVIATION ASSETS...................................................... 991,048 9,229 - Transfer back to base funding.................................... [-981,819] - 070 FORCE READINESS OPERATIONS SUPPORT................................... 1,584 1,584 - 090 LAND FORCES DEPOT MAINTENANCE........................................ 258,278 0 - Transfer back to base funding.................................... [-258,278] - 100 BASE OPERATIONS SUPPORT.............................................. 1,175,139 22,063 - Transfer back to base funding.................................... [-1,153,076] - 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 606 606 - SUBTOTAL OPERATING FORCES............................................ 4,376,736 83,088 - - ADMIN & SRVWD ACTIVITIES - 170 SERVICEWIDE COMMUNICATIONS........................................... 203 203 - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 203 203 - - TOTAL OPERATION & MAINTENANCE, ARNG.................................. 4,376,939 83,291 - - AFGHANISTAN SECURITY FORCES FUND - AFGHAN NATIONAL ARMY - 090 SUSTAINMENT.......................................................... 1,313,047 1,313,047 - 100 INFRASTRUCTURE....................................................... 37,152 37,152 - 110 EQUIPMENT AND TRANSPORTATION......................................... 120,868 120,868 - 120 TRAINING AND OPERATIONS.............................................. 118,591 118,591 - SUBTOTAL AFGHAN NATIONAL ARMY........................................ 1,589,658 1,589,658 + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, ARMY + .................................. BASIC RESEARCH + 002 0601102A DEFENSE RESEARCH SCIENCES......... 297,976 307,976 + .................................. Counter UAS University [5,000] + Research. + .................................. Cyber basic research.......... [5,000] + 003 0601103A UNIVERSITY RESEARCH INITIATIVES... 65,858 75,858 + .................................. Program increase.............. [10,000] + 004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 86,164 95,164 + CENTERS. + .................................. Program increase--artificial [5,000] + intelligence. + .................................. University and industry [4,000] + biotechnology research. + 005 0601121A CYBER COLLABORATIVE RESEARCH 4,982 4,982 + ALLIANCE. + .................................. SUBTOTAL BASIC RESEARCH........ 454,980 483,980 + .................................. + .................................. APPLIED RESEARCH + 010 0602141A LETHALITY TECHNOLOGY.............. 26,961 31,961 + .................................. Program increase--next [5,000] + generation air-breathing + propulsion technology. + 011 0602142A ARMY APPLIED RESEARCH............. 25,319 25,319 + 012 0602143A SOLDIER LETHALITY TECHNOLOGY...... 115,274 128,274 + .................................. Expeditionary mobile base camp [5,000] + technology. + .................................. HEROES program................ [5,000] + .................................. UPL MDTF for INDOPACOM........ [3,000] + 013 0602144A GROUND TECHNOLOGY................. 35,199 54,199 + .................................. Advanced materials [2,000] + manufacturing process. + .................................. Biopolymer structural [2,000] + materials. + .................................. Cellulose structural materials [5,000] + .................................. High performance polymers [5,000] + research. + .................................. Manufacturing research [5,000] + technology. + 014 0602145A NEXT GENERATION COMBAT VEHICLE 219,047 225,047 + TECHNOLOGY. + .................................. Structural thermoplastics..... [6,000] + 015 0602146A NETWORK C3I TECHNOLOGY............ 114,516 117,016 + .................................. Next generation SAR small sat. [2,500] + 016 0602147A LONG RANGE PRECISION FIRES 74,327 86,327 + TECHNOLOGY. + .................................. Composite tube and propulsion [10,000] + technology. + .................................. Novel printed armament [2,000] + components. + 017 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 93,601 96,601 + .................................. Program increase.............. [3,000] + 018 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 50,771 50,771 + 020 0602213A C3I APPLIED CYBER................. 18,947 18,947 + 038 0602785A MANPOWER/PERSONNEL/TRAINING 20,873 20,873 + TECHNOLOGY. + 040 0602787A MEDICAL TECHNOLOGY................ 99,155 108,955 + .................................. Female warfighter performance [2,000] + research. + .................................. Musculoskeletal injury risk [4,800] + mitigation. + .................................. Program increase.............. [3,000] + .................................. SUBTOTAL APPLIED RESEARCH...... 893,990 964,290 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 042 0603002A MEDICAL ADVANCED TECHNOLOGY....... 42,030 42,030 + 047 0603007A MANPOWER, PERSONNEL AND TRAINING 11,038 11,038 + ADVANCED TECHNOLOGY. + 050 0603117A ARMY ADVANCED TECHNOLOGY 63,338 63,338 + DEVELOPMENT. + 051 0603118A SOLDIER LETHALITY ADVANCED 118,468 128,468 + TECHNOLOGY. + .................................. Improvement of combat helmet [5,000] + suspension systems. + .................................. Thermal mitigation [5,000] + technologies. + 052 0603119A GROUND ADVANCED TECHNOLOGY........ 12,593 35,593 + .................................. 100 hour battery.............. [10,000] + .................................. Ground advanced technology for [5,000] + cold regions. + .................................. Lightweight protective and [3,000] + hardening materials. + .................................. Robotic construction research. [5,000] + 059 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 13,769 13,769 + 060 0603461A HIGH PERFORMANCE COMPUTING 184,755 224,755 + MODERNIZATION PROGRAM. + .................................. Program increase.............. [40,000] + 061 0603462A NEXT GENERATION COMBAT VEHICLE 160,035 174,035 + ADVANCED TECHNOLOGY. + .................................. Ground vehicle sustainment [4,000] + research. + .................................. Program increase--hydrogen [10,000] + fuel cells. + 062 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 106,899 103,899 + .................................. Underexecution................ [-3,000] + 063 0603464A LONG RANGE PRECISION FIRES 174,386 183,386 + ADVANCED TECHNOLOGY. + .................................. Hypersonics research.......... [4,000] + .................................. Program increase missile [5,000] + demonstrations. + 064 0603465A FUTURE VERTICAL LIFT ADVANCED 151,640 151,640 + TECHNOLOGY. + 065 0603466A AIR AND MISSILE DEFENSE ADVANCED 60,613 60,613 + TECHNOLOGY. + .................................. SUBTOTAL ADVANCED TECHNOLOGY 1,099,564 1,192,564 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 073 0603305A ARMY MISSLE DEFENSE SYSTEMS 10,987 18,987 + INTEGRATION. + .................................. Conventional mission [8,000] + capabilities. + 074 0603327A AIR AND MISSILE DEFENSE SYSTEMS 15,148 15,148 + ENGINEERING. + 075 0603619A LANDMINE WARFARE AND BARRIER--ADV 92,915 92,915 + DEV. + 077 0603639A TANK AND MEDIUM CALIBER AMMUNITION 82,146 82,146 + 078 0603645A ARMORED SYSTEM MODERNIZATION--ADV 157,656 157,656 + DEV. + 079 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 6,514 6,514 + 080 0603766A TACTICAL ELECTRONIC SURVEILLANCE 34,890 34,890 + SYSTEM--ADV DEV. + 081 0603774A NIGHT VISION SYSTEMS ADVANCED 251,011 222,791 + DEVELOPMENT. + .................................. IVAS insufficient [-28,220] + justification. + 082 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 15,132 15,132 + DEM/VAL. + 083 0603790A NATO RESEARCH AND DEVELOPMENT..... 5,406 5,406 + 084 0603801A AVIATION--ADV DEV................. 459,290 534,890 + .................................. Program increase: Future long- [75,600] + range assault aircraft. + 085 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 6,254 6,254 + ADV DEV. + 086 0603807A MEDICAL SYSTEMS--ADV DEV.......... 31,175 31,175 + 087 0603827A SOLDIER SYSTEMS--ADVANCED 22,113 22,113 + DEVELOPMENT. + 088 0604017A ROBOTICS DEVELOPMENT.............. 115,222 88,222 + .................................. Early to need................. [-27,000] + 090 0604021A ELECTRONIC WARFARE TECHNOLOGY 18,043 18,043 + MATURATION (MIP). + 091 0604100A ANALYSIS OF ALTERNATIVES.......... 10,023 10,023 + 092 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,745 35,745 + SYSTEM (FTUAS). + .................................. Program adjustment............ [-5,000] + 093 0604114A LOWER TIER AIR MISSILE DEFENSE 427,772 379,772 + (LTAMD) SENSOR. + .................................. Rapid prototyping excess [-48,000] + funding. + 094 0604115A TECHNOLOGY MATURATION INITIATIVES. 196,676 161,676 + .................................. Insufficient schedule detail.. [-35,000] + 095 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 33,100 29,400 + (M-SHORAD). + .................................. Excess testing cost........... [-3,700] + 097 0604119A ARMY ADVANCED COMPONENT 115,116 103,331 + DEVELOPMENT & PROTOTYPING. + .................................. Early to need................. [-11,785] + 099 0604121A SYNTHETIC TRAINING ENVIRONMENT 136,761 111,761 + REFINEMENT & PROTOTYPING. + .................................. Early to need (IVAS).......... [-25,000] + 100 0604182A HYPERSONICS....................... 228,000 389,610 + .................................. Transfer from RDTE Defense- [31,000] + Wide, line 124. + .................................. UPL accelerate Hypersonic [130,610] + Weapons System. + 102 0604403A FUTURE INTERCEPTOR................ 8,000 0 + .................................. Early to need................. [-8,000] + 103 0604541A UNIFIED NETWORK TRANSPORT......... 39,600 29,700 + .................................. Early to need................. [-9,900] + 104 0604644A MOBILE MEDIUM RANGE MISSILE....... 20,000 10,000 + .................................. Program decrease.............. [-10,000] + 106 0305251A CYBERSPACE OPERATIONS FORCES AND 52,102 52,102 + FORCE SUPPORT. + 107 1206120A ASSURED POSITIONING, NAVIGATION 192,562 150,062 + AND TIMING (PNT). + .................................. Project cancellation.......... [-42,500] + 108 1206308A ARMY SPACE SYSTEMS INTEGRATION.... 104,996 104,996 + .................................. SUBTOTAL ADVANCED COMPONENT 2,929,355 2,920,460 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 109 0604201A AIRCRAFT AVIONICS................. 29,164 29,164 + 110 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 70,539 70,539 + 113 0604601A INFANTRY SUPPORT WEAPONS.......... 106,121 106,121 + 114 0604604A MEDIUM TACTICAL VEHICLES.......... 2,152 2,152 + 115 0604611A JAVELIN........................... 17,897 16,055 + .................................. Qualification testing early to [-1,842] + need. + 116 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 16,745 16,745 + 117 0604633A AIR TRAFFIC CONTROL............... 6,989 6,989 + 118 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,465 2,965 + .................................. Program reduction............. [-7,500] + 119 0604645A ARMORED SYSTEMS MODERNIZATION 310,152 293,964 + (ASM)--ENG DEV. + .................................. Program delay................. [-16,188] + 120 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 181,732 166,732 + .................................. Insufficient justification [-15,000] + (IVAS). + 121 0604713A COMBAT FEEDING, CLOTHING, AND 2,393 2,393 + EQUIPMENT. + 122 0604715A NON-SYSTEM TRAINING DEVICES--ENG 27,412 27,412 + DEV. + 123 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,502 43,502 + INTELLIGENCE--ENG DEV. + 124 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 11,636 11,636 + DEVELOPMENT. + 125 0604746A AUTOMATIC TEST EQUIPMENT 10,915 10,915 + DEVELOPMENT. + 126 0604760A DISTRIBUTIVE INTERACTIVE 7,801 7,801 + SIMULATIONS (DIS)--ENG DEV. + 127 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 25,000 20,000 + (BAT). + .................................. PFAL excess................... [-5,000] + 128 0604780A COMBINED ARMS TACTICAL TRAINER 9,241 9,241 + (CATT) CORE. + 129 0604798A BRIGADE ANALYSIS, INTEGRATION AND 42,634 38,303 + EVALUATION. + .................................. RCO support excess............ [-4,331] + 130 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 181,023 181,023 + 131 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 103,226 103,226 + ENG DEV. + 132 0604805A COMMAND, CONTROL, COMMUNICATIONS 12,595 12,595 + SYSTEMS--ENG DEV. + 133 0604807A MEDICAL MATERIEL/MEDICAL 48,264 48,264 + BIOLOGICAL DEFENSE EQUIPMENT--ENG + DEV. + 134 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 39,208 39,208 + 135 0604818A ARMY TACTICAL COMMAND & CONTROL 140,637 138,137 + HARDWARE & SOFTWARE. + .................................. CPI2 testing previously funded [-2,500] + 136 0604820A RADAR DEVELOPMENT................. 105,243 105,243 + 137 0604822A GENERAL FUND ENTERPRISE BUSINESS 46,683 46,683 + SYSTEM (GFEBS). + 138 0604823A FIREFINDER........................ 17,294 17,294 + 139 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 5,803 5,803 + 140 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 98,698 118,698 + SYSTEMS--EMD. + .................................. Program increase for vehicle [30,000] + active protection system + evaluation. + .................................. Program reduction............. [-10,000] + 141 0604854A ARTILLERY SYSTEMS--EMD............ 15,832 15,832 + 142 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 126,537 71,537 + .................................. Historical underexecution..... [-10,000] + .................................. Program decrease.............. [-45,000] + 143 0605018A INTEGRATED PERSONNEL AND PAY 142,773 92,073 + SYSTEM-ARMY (IPPS-A). + .................................. Poor business process [-50,700] + reengineering. + 144 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,730 92,130 + (AMPV). + .................................. Program reduction............. [-4,600] + 145 0605029A INTEGRATED GROUND SECURITY 6,699 6,699 + SURVEILLANCE RESPONSE CAPABILITY + (IGSSR-C). + 146 0605030A JOINT TACTICAL NETWORK CENTER 15,882 15,882 + (JTNC). + 147 0605031A JOINT TACTICAL NETWORK (JTN)...... 40,808 40,808 + 149 0605033A GROUND-BASED OPERATIONAL 3,847 3,847 + SURVEILLANCE SYSTEM-- + EXPEDITIONARY (GBOSS-E). + 150 0605034A TACTICAL SECURITY SYSTEM (TSS).... 6,928 6,928 + 151 0605035A COMMON INFRARED COUNTERMEASURES 34,488 34,488 + (CIRCM). + 152 0605036A COMBATING WEAPONS OF MASS 10,000 10,000 + DESTRUCTION (CWMD). + 154 0605038A NUCLEAR BIOLOGICAL CHEMICAL 6,054 6,054 + RECONNAISSANCE VEHICLE (NBCRV) + SENSOR SUITE. + 155 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 62,262 45,662 + .................................. Contract delays............... [-10,000] + .................................. Excess growth................. [-6,600] + 156 0605042A TACTICAL NETWORK RADIO SYSTEMS 35,654 29,254 + (LOW-TIER). + .................................. Excess growth................. [-6,400] + 157 0605047A CONTRACT WRITING SYSTEM........... 19,682 19,682 + 158 0605049A MISSILE WARNING SYSTEM 1,539 1,539 + MODERNIZATION (MWSM). + 159 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 64,557 64,557 + 160 0605052A INDIRECT FIRE PROTECTION 243,228 236,428 + CAPABILITY INC 2--BLOCK 1. + .................................. EMAM development ahead of need [-6,800] + 161 0605053A GROUND ROBOTICS................... 41,308 28,508 + .................................. Excess to requirement......... [-12,800] + 162 0605054A EMERGING TECHNOLOGY INITIATIVES... 45,896 31,616 + .................................. Testing and evaluation excess [-4,280] + growth. + .................................. Unjustified request........... [-10,000] + 163 0605203A ARMY SYSTEM DEVELOPMENT & 164,883 164,883 + DEMONSTRATION. + 165 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 9,500 9,500 + 166 0605457A ARMY INTEGRATED AIR AND MISSILE 208,938 193,938 + DEFENSE (AIAMD). + .................................. Testing and evaluation excess [-15,000] + growth. + 167 0605625A MANNED GROUND VEHICLE............. 378,400 228,400 + .................................. Program decrease.............. [-150,000] + 168 0605766A NATIONAL CAPABILITIES INTEGRATION 7,835 7,835 + (MIP). + 169 0605812A JOINT LIGHT TACTICAL VEHICLE 2,732 7,232 + (JLTV) ENGINEERING AND + MANUFACTURING DEVELOPMENT PH. + .................................. Army requested realignment [4,500] + from OPA 7. + 170 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,664 1,664 + 172 0303032A TROJAN--RH12...................... 3,936 3,936 + 174 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 19,675 19,675 + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,549,431 3,189,390 + DEMONSTRATION. + .................................. + .................................. RDT&E MANAGEMENT SUPPORT + 176 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,117 16,117 + .................................. Cybersecurity threat [2,000] + simulation. + 177 0604258A TARGET SYSTEMS DEVELOPMENT........ 8,327 8,327 + 178 0604759A MAJOR T&E INVESTMENT.............. 136,565 136,565 + 179 0605103A RAND ARROYO CENTER................ 13,113 13,113 + 180 0605301A ARMY KWAJALEIN ATOLL.............. 238,691 238,691 + 181 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 42,922 36,922 + .................................. Program reduction............. [-6,000] + 183 0605601A ARMY TEST RANGES AND FACILITIES... 334,468 334,468 + 184 0605602A ARMY TECHNICAL TEST 46,974 51,974 + INSTRUMENTATION AND TARGETS. + .................................. Program increase--space and [5,000] + missile cybersecurity. + 185 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 35,075 35,075 + 186 0605606A AIRCRAFT CERTIFICATION............ 3,461 3,461 + 187 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,233 6,233 + ACTIVITIES. + 188 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,342 21,342 + 189 0605709A EXPLOITATION OF FOREIGN ITEMS..... 11,168 11,168 + 190 0605712A SUPPORT OF OPERATIONAL TESTING.... 52,723 52,723 + 191 0605716A ARMY EVALUATION CENTER............ 60,815 60,815 + 192 0605718A ARMY MODELING & SIM X-CMD 2,527 2,527 + COLLABORATION & INTEG. + 193 0605801A PROGRAMWIDE ACTIVITIES............ 58,175 58,175 + 194 0605803A TECHNICAL INFORMATION ACTIVITIES.. 25,060 25,060 + 195 0605805A MUNITIONS STANDARDIZATION, 44,458 44,458 + EFFECTIVENESS AND SAFETY. + 196 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 4,681 4,681 + MGMT SUPPORT. + 197 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,820 53,820 + R&D - MHA. + 198 0606001A MILITARY GROUND-BASED CREW 4,291 4,291 + TECHNOLOGY. + 199 0606002A RONALD REAGAN BALLISTIC MISSILE 62,069 62,069 + DEFENSE TEST SITE. + 200 0606003A COUNTERINTEL AND HUMAN INTEL 1,050 1,050 + MODERNIZATION. + 201 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,500 4,500 + VULNERABILITIES. + .................................. SUBTOTAL RDT&E MANAGEMENT 1,286,625 1,287,625 + SUPPORT. + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + .................................. UNDISTRIBUTED + 204 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 22,877 19,877 + .................................. HIMARS excess growth.......... [-3,000] + 206 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,491 8,491 + 207 0607131A WEAPONS AND MUNITIONS PRODUCT 15,645 15,645 + IMPROVEMENT PROGRAMS. + 209 0607134A LONG RANGE PRECISION FIRES (LRPF). 164,182 164,182 + 211 0607136A BLACKHAWK PRODUCT IMPROVEMENT 13,039 13,039 + PROGRAM. + 212 0607137A CHINOOK PRODUCT IMPROVEMENT 174,371 168,371 + PROGRAM. + .................................. Program reduction............. [-6,000] + 213 0607138A FIXED WING PRODUCT IMPROVEMENT 4,545 0 + PROGRAM. + .................................. Program reduction............. [-4,545] + 214 0607139A IMPROVED TURBINE ENGINE PROGRAM... 206,434 206,434 + 216 0607142A AVIATION ROCKET SYSTEM PRODUCT 24,221 21,130 + IMPROVEMENT AND DEVELOPMENT. + .................................. Integrated munitions launcher [-3,091] + early to need. + 217 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 32,016 25,516 + PRODUCTS. + .................................. Program reduction............. [-6,500] + 218 0607145A APACHE FUTURE DEVELOPMENT......... 5,448 448 + .................................. Unjustified request........... [-5,000] + 219 0607312A ARMY OPERATIONAL SYSTEMS 49,526 49,526 + DEVELOPMENT. + 220 0607665A FAMILY OF BIOMETRICS.............. 1,702 1,702 + 221 0607865A PATRIOT PRODUCT IMPROVEMENT....... 96,430 63,630 + .................................. Excess growth................. [-32,800] + 222 0203728A JOINT AUTOMATED DEEP OPERATION 47,398 47,398 + COORDINATION SYSTEM (JADOCS). + 223 0203735A COMBAT VEHICLE IMPROVEMENT 334,463 290,545 + PROGRAMS. + .................................. Early to need................. [-41,918] + .................................. Program support excess growth. [-2,000] + 225 0203743A 155MM SELF-PROPELLED HOWITZER 214,246 192,746 + IMPROVEMENTS. + .................................. Program reduction............. [-21,500] + 226 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 16,486 13,778 + IMPROVEMENT PROGRAMS. + .................................. Excess to need................ [-2,708] + 227 0203752A AIRCRAFT ENGINE COMPONENT 144 144 + IMPROVEMENT PROGRAM. + 228 0203758A DIGITIZATION...................... 5,270 5,270 + 229 0203801A MISSILE/AIR DEFENSE PRODUCT 1,287 1,287 + IMPROVEMENT PROGRAM. + 234 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 732 732 + OPERATIONAL SYSTEM DEV. + 235 0205456A LOWER TIER AIR AND MISSILE DEFENSE 107,746 99,746 + (AMD) SYSTEM. + .................................. Testing excess to need........ [-8,000] + 236 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 138,594 128,594 + SYSTEM (GMLRS). + .................................. Testing excess to need........ [-10,000] + 238 0303028A SECURITY AND INTELLIGENCE 13,845 13,845 + ACTIVITIES. + 239 0303140A INFORMATION SYSTEMS SECURITY 29,185 29,185 + PROGRAM. + 240 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 68,976 48,376 + .................................. Program decrease.............. [-20,600] + 241 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL 2,073 2,073 + SYSTEM. + 245 0305179A INTEGRATED BROADCAST SERVICE (IBS) 459 459 + 246 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 5,097 5,097 + 247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 11,177 11,177 + 248 0305208A DISTRIBUTED COMMON GROUND/SURFACE 38,121 38,121 + SYSTEMS. + 250 0305232A RQ-11 UAV......................... 3,218 3,218 + 251 0305233A RQ-7 UAV.......................... 7,817 7,817 + 252 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,000 2,000 + 253 0708045A END ITEM INDUSTRIAL PREPAREDNESS 59,848 67,848 + ACTIVITIES. + .................................. Nanoscale materials [3,000] + manufacturing. + .................................. Program increase--additive [5,000] + manufacturing technology + insertion. + 254 1203142A SATCOM GROUND ENVIRONMENT (SPACE). 34,169 34,169 + 255 1208053A JOINT TACTICAL GROUND SYSTEM...... 10,275 10,275 + 255A 9999999999 CLASSIFIED PROGRAMS............... 7,273 7,273 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 1,978,826 1,819,164 + DEVELOPMENT. + .................................. SUBTOTAL UNDISTRIBUTED......... -159,662 + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 12,192,771 11,857,473 + TEST & EVAL, ARMY. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, NAVY + .................................. BASIC RESEARCH + 001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,850 146,850 + .................................. Advanced radar research....... [5,000] + .................................. Cyber basic research.......... [10,000] + .................................. Defense University research [5,000] + initiatives. + .................................. Program increase.............. [10,000] + 002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,121 19,121 + RESEARCH. + 003 0601153N DEFENSE RESEARCH SCIENCES......... 470,007 470,007 + .................................. SUBTOTAL BASIC RESEARCH........ 605,978 635,978 + .................................. + .................................. APPLIED RESEARCH + 004 0602114N POWER PROJECTION APPLIED RESEARCH. 18,546 25,546 + .................................. Hypersonic testing facilities. [7,000] + 005 0602123N FORCE PROTECTION APPLIED RESEARCH. 119,517 166,017 + .................................. Carbon capture................ [8,000] + .................................. Electric propulsion research.. [2,500] + .................................. Energy resilience............. [5,000] + .................................. Energy resilience research.... [3,000] + .................................. Hybrid composite struct. res. [5,000] + enhanced mobility. + .................................. Navy power and energy systems [5,000] + technology. + .................................. Program increase.............. [10,000] + .................................. Test bed for autonomous ship [8,000] + systems. + 006 0602131M MARINE CORPS LANDING FORCE 56,604 61,604 + TECHNOLOGY. + .................................. Interdisciplinary [5,000] + expeditionary cybersecurity + research. + 007 0602235N COMMON PICTURE APPLIED RESEARCH... 49,297 44,297 + .................................. Coordinate space activities... [-5,000] + 008 0602236N WARFIGHTER SUSTAINMENT APPLIED 63,825 63,825 + RESEARCH. + 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 83,497 83,497 + RESEARCH. + 010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,894 63,894 + APPLIED RESEARCH. + 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,346 6,346 + RESEARCH. + 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,075 74,075 + .................................. Academic partnerships for [10,000] + undersea vehicle research. + .................................. Resident autonomous undersea [7,000] + robotics. + 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 154,755 154,755 + RESEARCH. + 014 0602782N MINE AND EXPEDITIONARY WARFARE 36,074 36,074 + APPLIED RESEARCH. + 015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 153,062 153,062 + APPLIED RESEARCH. + 016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 73,961 73,961 + ONR FIELD ACITIVITIES. + .................................. SUBTOTAL APPLIED RESEARCH...... 936,453 1,006,953 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 017 0603123N FORCE PROTECTION ADVANCED 35,286 35,286 + TECHNOLOGY. + 018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 9,499 9,499 + TECHNOLOGY. + 019 0603640M USMC ADVANCED TECHNOLOGY 172,847 177,847 + DEMONSTRATION (ATD). + .................................. Program increase--modular [5,000] + advanced armed robotic system. + 020 0603651M JOINT NON-LETHAL WEAPONS 13,307 13,307 + TECHNOLOGY DEVELOPMENT. + 021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 231,907 231,907 + TECHNOLOGY DEVELOPMENT. + 022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,138 65,138 + .................................. Program increase.............. [5,000] + 023 0603729N WARFIGHTER PROTECTION ADVANCED 4,849 4,849 + TECHNOLOGY. + 025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 67,739 67,739 + DEMONSTRATIONS. + 026 0603782N MINE AND EXPEDITIONARY WARFARE 13,335 13,335 + ADVANCED TECHNOLOGY. + 027 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,303 150,330 + ADVANCED TECHNOLOGY DEVELOPMENT. + .................................. Electromagnetic railgun....... [10,000] + .................................. Funds excess to requirements.. [-7,973] + .................................. Program increase.............. [15,000] + .................................. SUBTOTAL ADVANCED TECHNOLOGY 742,210 769,237 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 32,643 38,643 + .................................. Program increase for 1 REMUS [6,000] + 600 vehicle. + 029 0603216N AVIATION SURVIVABILITY............ 11,919 11,919 + 030 0603251N AIRCRAFT SYSTEMS.................. 1,473 1,473 + 031 0603254N ASW SYSTEMS DEVELOPMENT........... 7,172 7,172 + 032 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,419 3,419 + 033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 64,694 64,694 + 034 0603502N SURFACE AND SHALLOW WATER MINE 507,000 310,500 + COUNTERMEASURES. + .................................. Reduce one LUSV............... [-86,500] + .................................. VLS concept design and LLTM [-110,000] + early to need. + 035 0603506N SURFACE SHIP TORPEDO DEFENSE...... 15,800 7,242 + .................................. Excess sundown costs.......... [-8,558] + 036 0603512N CARRIER SYSTEMS DEVELOPMENT....... 4,997 4,997 + 037 0603525N PILOT FISH........................ 291,148 186,328 + .................................. Program adjustment............ [-104,820] + 038 0603527N RETRACT LARCH..................... 11,980 11,980 + 039 0603536N RETRACT JUNIPER................... 129,163 129,163 + 040 0603542N RADIOLOGICAL CONTROL.............. 689 689 + 041 0603553N SURFACE ASW....................... 1,137 1,137 + 042 0603561N ADVANCED SUBMARINE SYSTEM 148,756 120,046 + DEVELOPMENT. + .................................. Program decrease.............. [-19,000] + .................................. Project 9710: Unjustified new [-9,710] + start. + 043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 11,192 11,192 + 044 0603563N SHIP CONCEPT ADVANCED DESIGN...... 81,846 57,846 + .................................. Future surface combatant [-24,000] + concept development. + 045 0603564N SHIP PRELIMINARY DESIGN & 69,084 22,584 + FEASIBILITY STUDIES. + .................................. Early to need................. [-46,500] + 046 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 181,652 181,652 + 047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 25,408 155,408 + .................................. Program increase.............. [5,000] + .................................. Surface combatant component- [125,000] + level prototyping. + 048 0603576N CHALK EAGLE....................... 64,877 64,877 + 049 0603581N LITTORAL COMBAT SHIP (LCS)........ 9,934 9,934 + 050 0603582N COMBAT SYSTEM INTEGRATION......... 17,251 17,251 + 051 0603595N OHIO REPLACEMENT.................. 419,051 434,051 + .................................. Accelerate advanced propulsor [15,000] + development. + 052 0603596N LCS MISSION MODULES............... 108,505 105,595 + .................................. Available prior year funds due [-2,910] + to SUW MP testing delay. + 053 0603597N AUTOMATED TEST AND ANALYSIS....... 7,653 7,653 + 054 0603599N FRIGATE DEVELOPMENT............... 59,007 59,007 + 055 0603609N CONVENTIONAL MUNITIONS............ 9,988 9,988 + 056 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 86,464 16,477 + SYSTEM. + .................................. Insufficient justification and [-69,987] + contract delay. + 057 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 33,478 33,478 + DEVELOPMENT. + 058 0603713N OCEAN ENGINEERING TECHNOLOGY 5,619 5,619 + DEVELOPMENT. + 059 0603721N ENVIRONMENTAL PROTECTION.......... 20,564 20,564 + 060 0603724N NAVY ENERGY PROGRAM............... 26,514 49,514 + .................................. Battery development and safety [13,000] + enterprise. + .................................. Marine energy systems for [10,000] + sensors and microgrids. + 061 0603725N FACILITIES IMPROVEMENT............ 3,440 3,440 + 062 0603734N CHALK CORAL....................... 346,800 310,400 + .................................. Insufficient budget [-36,400] + justification. + 063 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,857 3,857 + 064 0603746N RETRACT MAPLE..................... 258,519 258,519 + 065 0603748N LINK PLUMERIA..................... 403,909 396,509 + .................................. Insufficient budget [-7,400] + justification. + 066 0603751N RETRACT ELM....................... 63,434 63,434 + 067 0603764N LINK EVERGREEN.................... 184,110 184,110 + 068 0603790N NATO RESEARCH AND DEVELOPMENT..... 7,697 7,697 + 069 0603795N LAND ATTACK TECHNOLOGY............ 9,086 9,086 + 070 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,466 28,466 + 071 0603860N JOINT PRECISION APPROACH AND 51,341 51,341 + LANDING SYSTEMS--DEM/VAL. + 072 0603925N DIRECTED ENERGY AND ELECTRIC 118,169 118,169 + WEAPON SYSTEMS. + 073 0604014N F/A -18 INFRARED SEARCH AND TRACK 113,456 112,456 + (IRST). + .................................. Program delay................. [-1,000] + 074 0604027N DIGITAL WARFARE OFFICE............ 50,120 25,120 + .................................. Artificial intelligence [-10,000] + development operations + unjustified growth. + .................................. Program decrease.............. [-15,000] + 075 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 32,527 32,527 + VEHICLES. + 076 0604029N UNMANNED UNDERSEA VEHICLE CORE 54,376 54,376 + TECHNOLOGIES. + 077 0604030N RAPID PROTOTYPING, EXPERIMENTATION 36,197 36,197 + AND DEMONSTRATION.. + 078 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 68,310 68,310 + 079 0604112N GERALD R. FORD CLASS NUCLEAR 121,310 112,310 + AIRCRAFT CARRIER (CVN 78--80). + .................................. Integrated digital [-9,000] + shipbuilding insufficient + budget justification. + 080 0604126N LITTORAL AIRBORNE MCM............. 17,248 17,248 + 081 0604127N SURFACE MINE COUNTERMEASURES...... 18,735 18,735 + 082 0604272N TACTICAL AIR DIRECTIONAL INFRARED 68,346 58,449 + COUNTERMEASURES (TADIRCM). + .................................. Excess to need................ [-9,897] + 084 0604289M NEXT GENERATION LOGISTICS......... 4,420 13,420 + .................................. Additive manufacturing [9,000] + logistics software pilot. + 085 0604320M RAPID TECHNOLOGY CAPABILITY 4,558 4,558 + PROTOTYPE. + 086 0604454N LX (R)............................ 12,500 12,500 + 087 0604536N ADVANCED UNDERSEA PROTOTYPING..... 181,967 181,967 + 088 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,500 5,500 + (C-UAS). + 089 0604659N PRECISION STRIKE WEAPONS 718,148 688,148 + DEVELOPMENT PROGRAM. + .................................. Excess growth................. [-30,000] + 090 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 5,263 5,263 + ARCHITECTURE/ENGINEERING SUPPORT. + 091 0604786N OFFENSIVE ANTI-SURFACE WARFARE 65,419 65,419 + WEAPON DEVELOPMENT. + 092 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,991 9,991 + 093 0304240M ADVANCED TACTICAL UNMANNED 21,157 39,657 + AIRCRAFT SYSTEM. + .................................. KMAX Large Unmanned Logistics [18,500] + System USMC unfunded priority. + 095 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 609 609 + MIP. + .................................. SUBTOTAL ADVANCED COMPONENT 5,559,062 5,159,880 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 096 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,514 15,514 + 097 0604212N OTHER HELO DEVELOPMENT............ 28,835 28,835 + 098 0604214M AV-8B AIRCRAFT--ENG DEV........... 27,441 27,441 + 100 0604215N STANDARDS DEVELOPMENT............. 3,642 3,642 + 101 0604216N MULTI-MISSION HELICOPTER UPGRADE 19,196 19,196 + DEVELOPMENT. + 104 0604230N WARFARE SUPPORT SYSTEM............ 8,601 8,601 + 105 0604231N TACTICAL COMMAND SYSTEM........... 77,232 77,232 + 106 0604234N ADVANCED HAWKEYE.................. 232,752 232,752 + 107 0604245M H-1 UPGRADES...................... 65,359 65,359 + 109 0604261N ACOUSTIC SEARCH SENSORS........... 47,013 47,013 + 110 0604262N V-22A............................. 185,105 190,105 + .................................. Increase reliability and [5,000] + reduce vibrations of V-22 + nacelles. + 111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,172 21,172 + 112 0604269N EA-18............................. 143,585 133,585 + .................................. Unjustified cost growth....... [-10,000] + 113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 116,811 109,651 + .................................. Unjustified request........... [-7,160] + 114 0604273M EXECUTIVE HELO DEVELOPMENT........ 187,436 187,436 + 116 0604274N NEXT GENERATION JAMMER (NGJ)...... 524,261 448,261 + .................................. Underexecution................ [-76,000] + 117 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 192,345 190,845 + (JTRS-NAVY). + .................................. Early to need................. [-1,500] + 118 0604282N NEXT GENERATION JAMMER (NGJ) 111,068 90,922 + INCREMENT II. + .................................. Program reduction............. [-20,146] + 119 0604307N SURFACE COMBATANT COMBAT SYSTEM 415,625 413,684 + ENGINEERING. + .................................. Aegis development support [-1,941] + studies and analysis early to + need. + 120 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 640 640 + 121 0604329N SMALL DIAMETER BOMB (SDB)......... 50,096 50,096 + 122 0604366N STANDARD MISSILE IMPROVEMENTS..... 232,391 232,391 + 123 0604373N AIRBORNE MCM...................... 10,916 10,916 + 124 0604378N NAVAL INTEGRATED FIRE CONTROL-- 33,379 33,379 + COUNTER AIR SYSTEMS ENGINEERING. + 125 0604501N ADVANCED ABOVE WATER SENSORS...... 34,554 34,554 + 126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 84,663 84,663 + 127 0604504N AIR CONTROL....................... 44,923 44,923 + 128 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,632 10,632 + 129 0604518N COMBAT INFORMATION CENTER 16,094 16,094 + CONVERSION. + 130 0604522N AIR AND MISSILE DEFENSE RADAR 55,349 52,349 + (AMDR) SYSTEM. + .................................. Engineering changes testing [-3,000] + and evaluation early to need. + 131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 123,490 123,490 + 132 0604558N NEW DESIGN SSN.................... 121,010 221,010 + .................................. Accelerate capability [100,000] + development. + 133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,426 62,426 + 134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 46,809 46,809 + T&E. + 135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,692 3,692 + 137 0604601N MINE DEVELOPMENT.................. 28,964 28,964 + 138 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 148,349 115,541 + .................................. Excess to need................ [-32,808] + 139 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,237 8,237 + DEVELOPMENT. + 140 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 22,000 22,000 + SYSTEMS--ENG DEV. + 141 0604703N PERSONNEL, TRAINING, SIMULATION, 5,500 5,500 + AND HUMAN FACTORS. + 142 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 18,725 16,225 + .................................. Excess to need................ [-2,500] + 143 0604755N SHIP SELF DEFENSE (DETECT & 192,603 180,085 + CONTROL). + .................................. Project 2178 prior year [-12,518] + carryover. + 144 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 137,268 121,630 + KILL). + .................................. Project 2070 excess test [-15,638] + assets. + 145 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 97,363 97,363 + KILL/EW). + 146 0604761N INTELLIGENCE ENGINEERING.......... 26,710 26,710 + 147 0604771N MEDICAL DEVELOPMENT............... 8,181 8,181 + 148 0604777N NAVIGATION/ID SYSTEM.............. 40,755 40,755 + 149 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 1,710 1,710 + 150 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 1,490 1,490 + 153 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 1,494 1,494 + 154 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 384,162 268,364 + .................................. Program decrease.............. [-36,000] + .................................. Unjustified growth over FY19 [-79,798] + projection. + 155 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 4,882 4,882 + 156 0605212M CH-53K RDTE....................... 516,955 516,955 + 158 0605215N MISSION PLANNING.................. 75,886 75,886 + 159 0605217N COMMON AVIONICS................... 43,187 43,187 + 160 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 4,909 19,909 + .................................. Expand development and use of [15,000] + composite materials. + 161 0605327N T-AO 205 CLASS.................... 1,682 1,682 + 162 0605414N UNMANNED CARRIER AVIATION (UCA)... 671,258 657,098 + .................................. UMCS excess to need........... [-14,160] + 163 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 18,393 18,393 + 165 0605500N MULTI-MISSION MARITIME AIRCRAFT 21,472 21,472 + (MMA). + 166 0605504N MULTI-MISSION MARITIME (MMA) 177,234 177,234 + INCREMENT III. + 167 0605611M MARINE CORPS ASSAULT VEHICLES 77,322 69,121 + SYSTEM DEVELOPMENT & + DEMONSTRATION. + .................................. Early to need................. [-2,201] + .................................. Excess growth................. [-6,000] + 168 0605813M JOINT LIGHT TACTICAL VEHICLE 2,105 2,105 + (JLTV) SYSTEM DEVELOPMENT & + DEMONSTRATION. + 169 0204202N DDG-1000.......................... 111,435 111,435 + 172 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 101,339 101,339 + 173 0306250M CYBER OPERATIONS TECHNOLOGY 26,406 26,406 + DEVELOPMENT. + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,332,033 6,130,663 + DEMONSTRATION. + .................................. + .................................. MANAGEMENT SUPPORT + 174 0604256N THREAT SIMULATOR DEVELOPMENT...... 66,678 66,678 + 175 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,027 12,027 + 176 0604759N MAJOR T&E INVESTMENT.............. 85,348 85,348 + 178 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,908 3,908 + 179 0605154N CENTER FOR NAVAL ANALYSES......... 47,669 47,669 + 180 0605285N NEXT GENERATION FIGHTER........... 20,698 20,698 + 182 0605804N TECHNICAL INFORMATION SERVICES.... 988 988 + 183 0605853N MANAGEMENT, TECHNICAL & 102,401 102,401 + INTERNATIONAL SUPPORT. + 184 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,742 3,742 + 186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 93,872 93,872 + 187 0605864N TEST AND EVALUATION SUPPORT....... 394,020 394,020 + 188 0605865N OPERATIONAL TEST AND EVALUATION 25,145 25,145 + CAPABILITY. + 189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,773 15,773 + (SEW) SUPPORT. + 190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,402 8,402 + SUPPORT. + 191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 37,265 29,265 + .................................. Unjustified growth............ [-8,000] + 192 0605898N MANAGEMENT HQ--R&D................ 39,673 39,673 + 193 0606355N WARFARE INNOVATION MANAGEMENT..... 28,750 28,750 + 196 0305327N INSIDER THREAT.................... 2,645 2,645 + 197 0902498N MANAGEMENT HEADQUARTERS 1,460 1,460 + (DEPARTMENTAL SUPPORT ACTIVITIES). + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 990,464 982,464 + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + .................................. UNDISTRIBUTED + 202 0604227N HARPOON MODIFICATIONS............. 2,302 2,302 + 203 0604840M F-35 C2D2......................... 422,881 422,881 + 204 0604840N F-35 C2D2......................... 383,741 383,741 + 205 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 127,924 127,924 + (CEC). + 207 0101221N STRATEGIC SUB & WEAPONS SYSTEM 157,676 113,492 + SUPPORT. + .................................. D5LE2 unjustified request..... [-44,184] + 208 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 43,354 43,354 + 209 0101226N SUBMARINE ACOUSTIC WARFARE 6,815 6,815 + DEVELOPMENT. + 210 0101402N NAVY STRATEGIC COMMUNICATIONS..... 31,174 31,174 + 211 0204136N F/A-18 SQUADRONS.................. 213,715 208,215 + .................................. Block III support prior year [-7,500] + carryover. + .................................. Jet noise reduction research.. [2,000] + 213 0204228N SURFACE SUPPORT................... 36,389 36,389 + 214 0204229N TOMAHAWK AND TOMAHAWK MISSION 320,134 286,799 + PLANNING CENTER (TMPC). + .................................. JMEWS schedule delays......... [-12,098] + .................................. Maritime strike schedule [-21,237] + delays. + 215 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 88,382 103,382 + .................................. Additional TRAPS units........ [15,000] + 216 0204313N SHIP-TOWED ARRAY SURVEILLANCE 14,449 14,449 + SYSTEMS. + 217 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 6,931 6,931 + (DISPLACEMENT CRAFT). + 218 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 23,891 23,891 + ATOR). + 219 0204571N CONSOLIDATED TRAINING SYSTEMS 129,873 129,873 + DEVELOPMENT. + 221 0204575N ELECTRONIC WARFARE (EW) READINESS 82,325 62,434 + SUPPORT. + .................................. Prior year carryover.......... [-19,891] + 222 0205601N HARM IMPROVEMENT.................. 138,431 132,371 + .................................. AARGM ER test schedule [-6,060] + discrepancy. + 224 0205620N SURFACE ASW COMBAT SYSTEM 29,572 29,572 + INTEGRATION. + 225 0205632N MK-48 ADCAP....................... 85,973 85,973 + 226 0205633N AVIATION IMPROVEMENTS............. 125,461 125,461 + 227 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 106,192 106,192 + 228 0206313M MARINE CORPS COMMUNICATIONS 143,317 134,317 + SYSTEMS. + .................................. Program delay................. [-9,000] + 229 0206335M COMMON AVIATION COMMAND AND 4,489 4,489 + CONTROL SYSTEM (CAC2S). + 230 0206623M MARINE CORPS GROUND COMBAT/ 51,788 51,788 + SUPPORTING ARMS SYSTEMS. + 231 0206624M MARINE CORPS COMBAT SERVICES 37,761 42,761 + SUPPORT. + .................................. Airborne Power Generation Tech [5,000] + Development. + 232 0206625M USMC INTELLIGENCE/ELECTRONIC 21,458 21,458 + WARFARE SYSTEMS (MIP). + 233 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 5,476 5,476 + 234 0207161N TACTICAL AIM MISSILES............. 19,488 19,488 + 235 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 39,029 39,029 + MISSILE (AMRAAM). + 239 0303109N SATELLITE COMMUNICATIONS (SPACE).. 34,344 34,344 + 240 0303138N CONSOLIDATED AFLOAT NETWORK 22,873 22,873 + ENTERPRISE SERVICES (CANES). + 241 0303140N INFORMATION SYSTEMS SECURITY 41,853 41,853 + PROGRAM. + 243 0305192N MILITARY INTELLIGENCE PROGRAM 8,913 8,913 + (MIP) ACTIVITIES. + 244 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,451 9,451 + 245 0305205N UAS INTEGRATION AND 42,315 42,315 + INTEROPERABILITY. + 246 0305208M DISTRIBUTED COMMON GROUND/SURFACE 22,042 22,042 + SYSTEMS. + 248 0305220N MQ-4C TRITON...................... 11,784 11,784 + 249 0305231N MQ-8 UAV.......................... 29,618 29,618 + 250 0305232M RQ-11 UAV......................... 509 509 + 251 0305234N SMALL (LEVEL 0) TACTICAL UAS 11,545 11,545 + (STUASL0). + 252 0305239M RQ-21A............................ 10,914 10,914 + 253 0305241N MULTI-INTELLIGENCE SENSOR 70,612 70,612 + DEVELOPMENT. + 254 0305242M UNMANNED AERIAL SYSTEMS (UAS) 3,704 3,704 + PAYLOADS (MIP). + 255 0305421N RQ-4 MODERNIZATION................ 202,346 185,446 + .................................. IFC 5.0 concurrency........... [-16,900] + 256 0308601N MODELING AND SIMULATION SUPPORT... 7,119 7,119 + 257 0702207N DEPOT MAINTENANCE (NON-IF)........ 38,182 38,182 + 258 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,779 6,779 + 259 1203109N SATELLITE COMMUNICATIONS (SPACE).. 15,868 15,868 + 259A 9999999999 CLASSIFIED PROGRAMS............... 1,613,137 1,613,137 + .................................. SUBTOTAL OPERATIONAL SYSTEMS 5,104,299 4,989,429 + DEVELOPMENT. + .................................. SUBTOTAL UNDISTRIBUTED......... -114,870 + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 20,270,499 19,674,604 + TEST & EVAL, NAVY. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, AF + .................................. BASIC RESEARCH + 001 0601102F DEFENSE RESEARCH SCIENCES......... 356,107 356,107 + 002 0601103F UNIVERSITY RESEARCH INITIATIVES... 158,859 163,859 + .................................. Program increase.............. [5,000] + 003 0601108F HIGH ENERGY LASER RESEARCH 14,795 14,795 + INITIATIVES. + .................................. SUBTOTAL BASIC RESEARCH........ 529,761 534,761 + .................................. + .................................. APPLIED RESEARCH + 004 0602102F MATERIALS......................... 128,851 152,851 + .................................. Advanced materials high energy [4,000] + x-ray. + .................................. Advanced materials [5,000] + manufacturing flexible + biosensors. + .................................. Advanced thermal protection [5,000] + systems. + .................................. Program increase.............. [10,000] + 005 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 147,724 147,724 + 006 0602202F HUMAN EFFECTIVENESS APPLIED 131,795 131,795 + RESEARCH. + 007 0602203F AEROSPACE PROPULSION.............. 198,775 208,775 + .................................. Educational partnership [5,000] + agreements for next generation + liquid propulsion. + .................................. Electrical power/thermal [5,000] + management systems. + 008 0602204F AEROSPACE SENSORS................. 202,912 202,912 + 010 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 7,968 7,968 + MAJOR HEADQUARTERS ACTIVITIES. + 012 0602602F CONVENTIONAL MUNITIONS............ 142,772 142,772 + 013 0602605F DIRECTED ENERGY TECHNOLOGY........ 124,379 124,379 + 014 0602788F DOMINANT INFORMATION SCIENCES AND 181,562 199,562 + METHODS. + .................................. Detection and countering of [5,000] + adversarial UAS. + .................................. Quantum Information Science [8,000] + Innovation Center. + .................................. Quantum science............... [5,000] + 015 0602890F HIGH ENERGY LASER RESEARCH........ 44,221 44,221 + 016 1206601F SPACE TECHNOLOGY.................. 124,667 124,667 + .................................. SUBTOTAL APPLIED RESEARCH...... 1,435,626 1,487,626 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 017 0603112F ADVANCED MATERIALS FOR WEAPON 36,586 41,586 + SYSTEMS. + .................................. Metals affordability [5,000] + initiative. + 018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,249 16,249 + (S&T). + 019 0603203F ADVANCED AEROSPACE SENSORS........ 38,292 38,292 + 020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 102,949 202,949 + .................................. Low cost attritable aircraft [100,000] + technology. + 021 0603216F AEROSPACE PROPULSION AND POWER 113,973 128,973 + TECHNOLOGY. + .................................. Advanced turbine engine gas [10,000] + generator. + .................................. Electrical power systems...... [5,000] + 022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 48,408 48,408 + 023 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 70,525 73,525 + .................................. Strategic radiation hardened [3,000] + microelectronic processors. + 024 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,878 11,878 + (MSSS). + 025 0603456F HUMAN EFFECTIVENESS ADVANCED 37,542 37,542 + TECHNOLOGY DEVELOPMENT. + 026 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 225,817 225,817 + 027 0603605F ADVANCED WEAPONS TECHNOLOGY....... 37,404 37,404 + 028 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 43,116 66,116 + .................................. Advanced materials and [7,000] + materials manufacturing. + .................................. Aerospace composites [10,000] + manufacturing. + .................................. Program increase.............. [6,000] + 029 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,414 56,414 + AND DEMONSTRATION. + .................................. SUBTOTAL ADVANCED TECHNOLOGY 839,153 985,153 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,672 5,672 + 032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 27,085 27,085 + 033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,955 4,955 + 034 0603851F INTERCONTINENTAL BALLISTIC 44,109 44,109 + MISSILE--DEM/VAL. + 036 0604002F AIR FORCE WEATHER SERVICES 772 772 + RESEARCH. + 037 0604004F ADVANCED ENGINE DEVELOPMENT....... 878,442 878,442 + 038 0604015F LONG RANGE STRIKE--BOMBER......... 3,003,899 3,003,899 + 039 0604032F DIRECTED ENERGY PROTOTYPING....... 10,000 20,000 + .................................. High-value airborne asset [10,000] + protection. + 040 0604033F HYPERSONICS PROTOTYPING........... 576,000 576,000 + 041 0604201F PNT RESILIENCY, MODS, AND 92,600 124,600 + IMPROVEMENTS. + .................................. Program increase.............. [32,000] + 042 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,145 23,145 + 043 0604288F NATIONAL AIRBORNE OPS CENTER 16,669 16,669 + (NAOC) RECAP. + 044 0604317F TECHNOLOGY TRANSFER............... 23,614 23,614 + 045 0604327F HARD AND DEEPLY BURIED TARGET 113,121 113,121 + DEFEAT SYSTEM (HDBTDS) PROGRAM. + 046 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 56,325 56,325 + ACS. + 047 0604776F DEPLOYMENT & DISTRIBUTION 28,034 28,034 + ENTERPRISE R&D. + 048 0604858F TECH TRANSITION PROGRAM........... 128,476 134,476 + .................................. Rapid repair.................. [6,000] + 049 0605230F GROUND BASED STRATEGIC DETERRENT.. 570,373 552,395 + .................................. Program reduction............. [-40,000] + .................................. Technical adjustment for NC3.. [22,022] + 050 0207100F LIGHT ATTACK ARMED RECONNAISSANCE 35,000 35,000 + (LAAR) SQUADRONS. + 051 0207110F NEXT GENERATION AIR DOMINANCE..... 1,000,000 955,000 + .................................. Cost-risk associated with [-45,000] + development profile. + 052 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 37,290 37,290 + (3DELRR). + 053 0208099F UNIFIED PLATFORM (UP)............. 10,000 10,000 + 054 0305236F COMMON DATA LINK EXECUTIVE AGENT 36,910 36,910 + (CDL EA). + 055 0305251F CYBERSPACE OPERATIONS FORCES AND 35,000 35,000 + FORCE SUPPORT. + 056 0305601F MISSION PARTNER ENVIRONMENTS...... 8,550 8,550 + 057 0306250F CYBER OPERATIONS TECHNOLOGY 198,864 240,064 + DEVELOPMENT. + .................................. Accelerate development of [13,600] + Cyber National Mission Force + capabilities. + .................................. ETERNALDARKNESS............... [7,100] + .................................. Joint Common Access Platform.. [20,500] + 058 0306415F ENABLED CYBER ACTIVITIES.......... 16,632 16,632 + 060 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,830 20,830 + SYSTEM. + 061 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM 329,948 329,948 + (USER EQUIPMENT) (SPACE). + 062 1203710F EO/IR WEATHER SYSTEMS............. 101,222 101,222 + 063 1206422F WEATHER SYSTEM FOLLOW-ON.......... 225,660 205,660 + .................................. Unjustified growth............ [-20,000] + 064 1206425F SPACE SITUATION AWARENESS SYSTEMS. 29,776 29,776 + 065 1206427F SPACE SYSTEMS PROTOTYPE 142,045 142,045 + TRANSITIONS (SSPT). + 067 1206438F SPACE CONTROL TECHNOLOGY.......... 64,231 59,231 + .................................. Unjustified growth............ [-5,000] + 068 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,385 56,385 + 069 1206760F PROTECTED TACTICAL ENTERPRISE 105,003 105,003 + SERVICE (PTES). + 070 1206761F PROTECTED TACTICAL SERVICE (PTS).. 173,694 163,694 + .................................. Unjustified growth............ [-10,000] + 071 1206855F EVOLVED STRATEGIC SATCOM (ESS).... 172,206 172,206 + 072 1206857F SPACE RAPID CAPABILITIES OFFICE... 33,742 23,742 + .................................. Program decrease.............. [-10,000] + .................................. SUBTOTAL ADVANCED COMPONENT 8,436,279 8,417,501 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 246,200 0 + PROGRAMS. + .................................. Excess to need................ [-246,200] + 074 0604201F PNT RESILIENCY, MODS, AND 67,782 148,782 + IMPROVEMENTS. + .................................. UPL M-Code Acceleration....... [81,000] + 075 0604222F NUCLEAR WEAPONS SUPPORT........... 4,406 4,406 + 076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,066 2,066 + 077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 229,631 210,331 + .................................. Prior-year carryover.......... [-19,300] + 078 0604287F PHYSICAL SECURITY EQUIPMENT....... 9,700 9,700 + 079 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 31,241 41,241 + .................................. Program efficiency initiative. [10,000] + 080 0604429F AIRBORNE ELECTRONIC ATTACK........ 2 2 + 081 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 28,043 28,043 + 082 0604604F SUBMUNITIONS...................... 3,045 3,045 + 083 0604617F AGILE COMBAT SUPPORT.............. 19,944 19,944 + 084 0604706F LIFE SUPPORT SYSTEMS.............. 8,624 8,624 + 085 0604735F COMBAT TRAINING RANGES............ 37,365 37,365 + 086 0604800F F-35--EMD......................... 7,628 7,628 + 087 0604932F LONG RANGE STANDOFF WEAPON........ 712,539 712,539 + 088 0604933F ICBM FUZE MODERNIZATION........... 161,199 161,199 + 089 0605030F JOINT TACTICAL NETWORK CENTER 2,414 2,414 + (JTNC). + 091 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,000 30,000 + 093 0605221F KC-46............................. 59,561 59,561 + 094 0605223F ADVANCED PILOT TRAINING........... 348,473 348,473 + 095 0605229F COMBAT RESCUE HELICOPTER.......... 247,047 247,047 + 098 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM... 294,400 294,400 + 099 0101125F NUCLEAR WEAPONS MODERNIZATION..... 27,564 27,564 + 100 0101213F MINUTEMAN SQUADRONS............... 1 1 + 101 0207171F F-15 EPAWSS....................... 47,322 47,322 + 102 0207328F STAND IN ATTACK WEAPON............ 162,840 162,840 + 103 0207701F FULL COMBAT MISSION TRAINING...... 9,797 9,797 + 106 0401310F C-32 EXECUTIVE TRANSPORT 9,930 9,930 + RECAPITALIZATION. + 107 0401319F VC-25B............................ 757,923 757,923 + 108 0701212F AUTOMATED TEST SYSTEMS............ 2,787 2,787 + 109 1203176F COMBAT SURVIVOR EVADER LOCATOR.... 2,000 2,000 + 110 1203269F GPS III FOLLOW-ON (GPS IIIF)...... 462,875 452,875 + .................................. Unjustified growth............ [-10,000] + 111 1203940F SPACE SITUATION AWARENESS 76,829 56,829 + OPERATIONS. + .................................. GBOSS unjustified growth...... [-20,000] + 112 1206421F COUNTERSPACE SYSTEMS.............. 29,037 29,037 + 113 1206422F WEATHER SYSTEM FOLLOW-ON.......... 2,237 2,237 + 114 1206425F SPACE SITUATION AWARENESS SYSTEMS. 412,894 412,894 + 116 1206431F ADVANCED EHF MILSATCOM (SPACE).... 117,290 117,290 + 117 1206432F POLAR MILSATCOM (SPACE)........... 427,400 401,400 + .................................. Prior year carryover.......... [-26,000] + 118 1206433F WIDEBAND GLOBAL SATCOM (SPACE).... 1,920 1,920 + 119 1206441F SPACE BASED INFRARED SYSTEM 1 1 + (SBIRS) HIGH EMD. + 120 1206442F NEXT GENERATION OPIR.............. 1,395,278 1,395,278 + 121 1206445F COMMERCIAL SATCOM (COMSATCOM) 5,000 + INTEGRATION. + .................................. Accelerate integration of [5,000] + COMSATCOM capabilities. + 122 1206853F NATIONAL SECURITY SPACE LAUNCH 432,009 432,009 + PROGRAM (SPACE)--EMD. + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,929,244 6,703,744 + DEMONSTRATION. + .................................. + .................................. MANAGEMENT SUPPORT + 123 0604256F THREAT SIMULATOR DEVELOPMENT...... 59,693 59,693 + 124 0604759F MAJOR T&E INVESTMENT.............. 181,663 219,663 + .................................. Telemetry extension SATCOM [2,000] + relay. + .................................. UPL M-Code Acceleration....... [36,000] + 125 0605101F RAND PROJECT AIR FORCE............ 35,258 35,258 + 127 0605712F INITIAL OPERATIONAL TEST & 13,793 13,793 + EVALUATION. + 128 0605807F TEST AND EVALUATION SUPPORT....... 717,895 717,895 + 129 0605826F ACQ WORKFORCE- GLOBAL POWER....... 258,667 258,667 + 130 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 251,992 251,992 + SYS. + 131 0605828F ACQ WORKFORCE- GLOBAL REACH....... 149,191 149,191 + 132 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 235,360 235,360 + BUS SYS. + 133 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 160,196 160,196 + 134 0605831F ACQ WORKFORCE- CAPABILITY 220,255 220,255 + INTEGRATION. + 135 0605832F ACQ WORKFORCE- ADVANCED PRGM 42,392 42,392 + TECHNOLOGY. + 136 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 133,231 133,231 + 137 0605898F MANAGEMENT HQ--R&D................ 5,590 5,590 + 138 0605976F FACILITIES RESTORATION AND 88,445 88,445 + MODERNIZATION--TEST AND + EVALUATION SUPPORT. + 139 0605978F FACILITIES SUSTAINMENT--TEST AND 29,424 29,424 + EVALUATION SUPPORT. + 140 0606017F REQUIREMENTS ANALYSIS AND 62,715 62,715 + MATURATION. + 141 0606398F MANAGEMENT HQ--T&E................ 5,013 5,013 + 142 0308602F ENTEPRISE INFORMATION SERVICES 17,128 17,128 + (EIS). + 143 0702806F ACQUISITION AND MANAGEMENT SUPPORT 5,913 5,913 + 144 0804731F GENERAL SKILL TRAINING............ 1,475 1,475 + 146 1001004F INTERNATIONAL ACTIVITIES.......... 4,071 4,071 + 147 1206116F SPACE TEST AND TRAINING RANGE 19,942 19,942 + DEVELOPMENT. + 148 1206392F SPACE AND MISSILE CENTER (SMC) 167,810 167,810 + CIVILIAN WORKFORCE. + 149 1206398F SPACE & MISSILE SYSTEMS CENTER-- 10,170 10,170 + MHA. + 150 1206860F ROCKET SYSTEMS LAUNCH PROGRAM 13,192 13,192 + (SPACE). + 151 1206864F SPACE TEST PROGRAM (STP).......... 26,097 26,097 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,916,571 2,954,571 + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + .................................. UNDISTRIBUTED + 152 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 35,611 33,611 + (ABMS). + .................................. Program increase--sensor [8,000] + fusion and artificial + intelligence technology. + .................................. Unjustified request........... [-10,000] + 154 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 2,584 2,584 + TRAINING. + 156 0604776F DEPLOYMENT & DISTRIBUTION 903 903 + ENTERPRISE R&D. + 157 0604840F F-35 C2D2......................... 694,455 694,455 + 158 0605018F AF INTEGRATED PERSONNEL AND PAY 40,567 40,567 + SYSTEM (AF-IPPS). + 159 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 47,193 47,193 + AGENCY. + 160 0605117F FOREIGN MATERIEL ACQUISITION AND 70,083 70,083 + EXPLOITATION. + 161 0605278F HC/MC-130 RECAP RDT&E............. 17,218 17,218 + 162 0606018F NC3 INTEGRATION................... 25,917 25,917 + 164 0101113F B-52 SQUADRONS.................... 325,974 325,974 + 165 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 10,217 10,217 + 166 0101126F B-1B SQUADRONS.................... 1,000 1,000 + 167 0101127F B-2 SQUADRONS..................... 97,276 97,276 + 168 0101213F MINUTEMAN SQUADRONS............... 128,961 128,961 + 170 0101316F WORLDWIDE JOINT STRATEGIC 18,177 18,177 + COMMUNICATIONS. + 171 0101324F INTEGRATED STRATEGIC PLANNING & 24,261 24,261 + ANALYSIS NETWORK. + 172 0101328F ICBM REENTRY VEHICLES............. 75,571 41,271 + .................................. Program delay................. [-34,300] + 174 0102110F UH-1N REPLACEMENT PROGRAM......... 170,975 170,975 + 176 0205219F MQ-9 UAV.......................... 154,996 127,296 + .................................. Program reduction............. [-27,700] + 178 0207131F A-10 SQUADRONS.................... 36,816 36,816 + 179 0207133F F-16 SQUADRONS.................... 193,013 193,013 + 180 0207134F F-15E SQUADRONS................... 336,079 319,829 + .................................. Unjustified F-15C requirements [-16,250] + 181 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,521 15,521 + 182 0207138F F-22A SQUADRONS................... 496,298 496,298 + 183 0207142F F-35 SQUADRONS.................... 99,943 99,943 + 184 0207161F TACTICAL AIM MISSILES............. 10,314 10,314 + 185 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 55,384 55,384 + MISSILE (AMRAAM). + 186 0207227F COMBAT RESCUE--PARARESCUE......... 281 281 + 187 0207247F AF TENCAP......................... 21,365 21,365 + 188 0207249F PRECISION ATTACK SYSTEMS 10,696 10,696 + PROCUREMENT. + 189 0207253F COMPASS CALL...................... 15,888 15,888 + 190 0207268F AIRCRAFT ENGINE COMPONENT 112,505 112,505 + IMPROVEMENT PROGRAM. + 191 0207325F JOINT AIR-TO-SURFACE STANDOFF 78,498 78,498 + MISSILE (JASSM). + 192 0207410F AIR & SPACE OPERATIONS CENTER 114,864 114,864 + (AOC). + 193 0207412F CONTROL AND REPORTING CENTER (CRC) 8,109 8,109 + 194 0207417F AIRBORNE WARNING AND CONTROL 67,996 67,996 + SYSTEM (AWACS). + 195 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS. 2,462 2,462 + 197 0207431F COMBAT AIR INTELLIGENCE SYSTEM 13,668 13,668 + ACTIVITIES. + 198 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 6,217 6,217 + 200 0207452F DCAPES............................ 19,910 19,910 + 201 0207573F NATIONAL TECHNICAL NUCLEAR 1,788 1,788 + FORENSICS. + 202 0207590F SEEK EAGLE........................ 28,237 28,237 + 203 0207601F USAF MODELING AND SIMULATION...... 15,725 15,725 + 204 0207605F WARGAMING AND SIMULATION CENTERS.. 4,316 4,316 + 205 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 26,946 26,946 + 206 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,303 4,303 + 207 0208006F MISSION PLANNING SYSTEMS.......... 71,465 71,465 + 208 0208007F TACTICAL DECEPTION................ 7,446 7,446 + 209 0208064F OPERATIONAL HQ--CYBER............. 7,602 7,602 + 210 0208087F DISTRIBUTED CYBER WARFARE 35,178 35,178 + OPERATIONS. + 211 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 16,609 16,609 + 212 0208097F JOINT CYBER COMMAND AND CONTROL 11,603 11,603 + (JCC2). + 213 0208099F UNIFIED PLATFORM (UP)............. 84,702 84,702 + 219 0301025F GEOBASE........................... 2,723 2,723 + 220 0301112F NUCLEAR PLANNING AND EXECUTION 44,190 44,190 + SYSTEM (NPES). + 226 0301401F AIR FORCE SPACE AND CYBER NON- 3,575 3,575 + TRADITIONAL ISR FOR BATTLESPACE + AWARENESS. + 227 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 70,173 42,623 + CENTER (NAOC). + .................................. Unclear acquisition strategy.. [-27,550] + 228 0303131F MINIMUM ESSENTIAL EMERGENCY 13,543 13,543 + COMMUNICATIONS NETWORK (MEECN). + 229 0303133F HIGH FREQUENCY RADIO SYSTEMS...... 15,881 15,881 + 230 0303140F INFORMATION SYSTEMS SECURITY 27,726 27,726 + PROGRAM. + 232 0303142F GLOBAL FORCE MANAGEMENT--DATA 2,210 2,210 + INITIATIVE. + 234 0304115F MULTI DOMAIN COMMAND AND CONTROL 150,880 150,880 + (MDC2). + 235 0304260F AIRBORNE SIGINT ENTERPRISE........ 102,667 85,167 + .................................. Common development ahead of [-8,500] + need. + .................................. Program reduction............. [-9,000] + 236 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,431 3,431 + 239 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 9,313 9,313 + SERVICES. + 240 0305020F CCMD INTELLIGENCE INFORMATION 1,121 1,121 + TECHNOLOGY. + 241 0305022F ISR MODERNIZATION & AUTOMATION 19,000 3,000 + DVMT (IMAD). + .................................. Unjustified request........... [-16,000] + 242 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,544 4,544 + (GATM). + 243 0305111F WEATHER SERVICE................... 25,461 27,461 + .................................. Commercial weather data pilot. [2,000] + 244 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 5,651 5,651 + LANDING SYSTEM (ATCALS). + 245 0305116F AERIAL TARGETS.................... 7,448 7,448 + 248 0305128F SECURITY AND INVESTIGATIVE 425 425 + ACTIVITIES. + 249 0305145F ARMS CONTROL IMPLEMENTATION....... 54,546 54,546 + 250 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 6,858 6,858 + ACTIVITIES. + 252 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,728 8,728 + 253 0305202F DRAGON U-2........................ 38,939 38,939 + 255 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 122,909 132,909 + .................................. Program increase for Gorgon [10,000] + Stare sensor enhancements. + 256 0305207F MANNED RECONNAISSANCE SYSTEMS..... 11,787 11,787 + 257 0305208F DISTRIBUTED COMMON GROUND/SURFACE 25,009 25,009 + SYSTEMS. + 258 0305220F RQ-4 UAV.......................... 191,733 191,733 + 259 0305221F NETWORK-CENTRIC COLLABORATIVE 10,757 10,757 + TARGETING. + 260 0305238F NATO AGS.......................... 32,567 32,567 + 261 0305240F SUPPORT TO DCGS ENTERPRISE........ 37,774 37,774 + 262 0305600F INTERNATIONAL INTELLIGENCE 13,515 13,515 + TECHNOLOGY AND ARCHITECTURES. + 263 0305881F RAPID CYBER ACQUISITION........... 4,383 4,383 + 264 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,133 2,133 + (PRC2). + 265 0307577F INTELLIGENCE MISSION DATA (IMD)... 8,614 8,614 + 266 0401115F C-130 AIRLIFT SQUADRON............ 140,425 101,425 + .................................. Contract award savings........ [-39,000] + 267 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 10,223 10,223 + 268 0401130F C-17 AIRCRAFT (IF)................ 25,101 25,101 + 269 0401132F C-130J PROGRAM.................... 8,640 8,640 + 270 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,424 5,424 + (LAIRCM). + 272 0401219F KC-10S............................ 20 20 + 274 0401318F CV-22............................. 17,906 17,906 + 276 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 3,629 3,629 + 277 0702207F DEPOT MAINTENANCE (NON-IF)........ 1,890 1,890 + 278 0708055F MAINTENANCE, REPAIR & OVERHAUL 10,311 10,311 + SYSTEM. + 279 0708610F LOGISTICS INFORMATION TECHNOLOGY 16,065 16,065 + (LOGIT). + 280 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 539 539 + 281 0804743F OTHER FLIGHT TRAINING............. 2,057 2,057 + 282 0808716F OTHER PERSONNEL ACTIVITIES........ 10 10 + 283 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,060 2,060 + 284 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,809 3,809 + 285 0901220F PERSONNEL ADMINISTRATION.......... 6,476 6,476 + 286 0901226F AIR FORCE STUDIES AND ANALYSIS 1,443 1,443 + AGENCY. + 287 0901538F FINANCIAL MANAGEMENT INFORMATION 9,323 9,323 + SYSTEMS DEVELOPMENT. + 288 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 46,789 46,789 + SYS (DEAMS). + 289 1201017F GLOBAL SENSOR INTEGRATED ON 3,647 3,647 + NETWORK (GSIN). + 290 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 988 988 + ACTIVITIES. + 291 1202140F SERVICE SUPPORT TO SPACECOM 11,863 11,863 + ACTIVITIES. + 293 1203001F FAMILY OF ADVANCED BLOS TERMINALS 197,388 177,388 + (FAB-T). + .................................. FET schedule slip............. [-15,000] + .................................. Unjustified growth............ [-5,000] + 294 1203110F SATELLITE CONTROL NETWORK (SPACE). 61,891 61,891 + 297 1203173F SPACE AND MISSILE TEST AND 4,566 4,566 + EVALUATION CENTER. + 298 1203174F SPACE INNOVATION, INTEGRATION AND 43,292 43,292 + RAPID TECHNOLOGY DEVELOPMENT. + 300 1203182F SPACELIFT RANGE SYSTEM (SPACE).... 10,837 10,837 + 301 1203265F GPS III SPACE SEGMENT............. 42,440 42,440 + 302 1203400F SPACE SUPERIORITY INTELLIGENCE.... 14,428 14,428 + 303 1203614F JSPOC MISSION SYSTEM.............. 72,762 72,762 + 304 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,653 2,653 + 306 1203873F BALLISTIC MISSILE DEFENSE RADARS.. 15,881 15,881 + 308 1203913F NUDET DETECTION SYSTEM (SPACE).... 49,300 49,300 + 309 1203940F SPACE SITUATION AWARENESS 17,834 17,834 + OPERATIONS. + 310 1206423F GLOBAL POSITIONING SYSTEM III-- 445,302 445,302 + OPERATIONAL CONTROL SEGMENT. + 311 1206770F ENTERPRISE GROUND SERVICES........ 138,870 99,070 + .................................. Contract award delay.......... [-39,800] + 311A 9999999999 CLASSIFIED PROGRAMS............... 18,351,506 18,229,506 + .................................. Classified reduction.......... [-122,000] + .................................. SUBTOTAL OPERATIONAL SYSTEMS 24,851,488 24,501,388 + DEVELOPMENT. + .................................. SUBTOTAL UNDISTRIBUTED......... -350,100 + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 45,938,122 45,584,744 + TEST & EVAL, AF. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, DW + .................................. BASIC RESEARCH + 001 0601000BR DTRA BASIC RESEARCH............... 26,000 26,000 + 002 0601101E DEFENSE RESEARCH SCIENCES......... 432,284 432,284 + 003 0601110D8Z BASIC RESEARCH INITIATIVES........ 48,874 68,874 + .................................. DEPSCOR....................... [10,000] + .................................. Program increase.............. [10,000] + 004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 54,122 54,122 + SCIENCE. + 005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 92,074 102,074 + .................................. Civics education grant program [2,000] + .................................. Submarine industrial base [8,000] + workforce training and + education. + 006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,708 46,708 + UNIVERSITIES/MINORITY + INSTITUTIONS. + .................................. Aerospace research and [2,000] + education. + .................................. Program increase.............. [14,000] + 007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,238 45,238 + PROGRAM. + .................................. SUBTOTAL BASIC RESEARCH........ 729,300 775,300 + .................................. + .................................. APPLIED RESEARCH + 008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,306 19,306 + 009 0602115E BIOMEDICAL TECHNOLOGY............. 97,771 97,771 + 011 0602234D8Z LINCOLN LABORATORY RESEARCH 52,317 52,317 + PROGRAM. + 012 0602251D8Z APPLIED RESEARCH FOR THE 62,200 55,400 + ADVANCEMENT OF S&T PRIORITIES. + .................................. Computer modeling of PFAS..... [2,000] + .................................. Excess growth................. [-8,800] + 013 0602303E INFORMATION & COMMUNICATIONS 442,556 437,556 + TECHNOLOGY. + .................................. Unjustified growth............ [-5,000] + 014 0602383E BIOLOGICAL WARFARE DEFENSE........ 34,588 34,588 + 015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 202,587 215,087 + PROGRAM. + .................................. Program increase.............. [12,500] + 016 0602668D8Z CYBER SECURITY RESEARCH........... 15,118 25,118 + .................................. Academic cyber institutes..... [10,000] + 017 0602702E TACTICAL TECHNOLOGY............... 337,602 337,602 + 018 0602715E MATERIALS AND BIOLOGICAL 223,976 223,976 + TECHNOLOGY. + 019 0602716E ELECTRONICS TECHNOLOGY............ 332,192 326,192 + .................................. Unjustified growth............ [-6,000] + 020 0602718BR COUNTER WEAPONS OF MASS 179,096 174,096 + DESTRUCTION APPLIED RESEARCH. + .................................. Unjustified growth............ [-5,000] + 021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,580 9,580 + (SEI) APPLIED RESEARCH. + 022 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 40,569 40,569 + .................................. SUBTOTAL APPLIED RESEARCH...... 2,049,458 2,049,158 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 023 0603000D8Z JOINT MUNITIONS ADVANCED 25,779 25,779 + TECHNOLOGY. + 024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 5,000 5,000 + 025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 70,517 75,517 + SUPPORT. + .................................. Program increase.............. [5,000] + 026 0603133D8Z FOREIGN COMPARATIVE TESTING....... 24,970 24,970 + 028 0603160BR COUNTER WEAPONS OF MASS 340,065 338,575 + DESTRUCTION ADVANCED TECHNOLOGY + DEVELOPMENT. + .................................. Excess growth................. [-1,490] + 029 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,208 14,208 + ASSESSMENT. + 030 0603178C WEAPONS TECHNOLOGY................ 10,000 0 + .................................. MD72 program termination...... [-10,000] + 031 0603180C ADVANCED RESEARCH................. 20,674 27,674 + .................................. Advanced carbon-carbon [7,000] + composites manufacturing. + 032 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,773 18,773 + DEVELOPMENT. + 033 0603286E ADVANCED AEROSPACE SYSTEMS........ 279,741 279,741 + 034 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 202,606 172,606 + .................................. RSGS program delays........... [-30,000] + 035 0603288D8Z ANALYTIC ASSESSMENTS.............. 19,429 19,429 + 036 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 37,645 37,645 + CONCEPTS. + 037 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,668 14,668 + CONCEPTS--MHA. + 038 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 13,600 13,600 + 040 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 29,398 29,398 + 041 0603375D8Z TECHNOLOGY INNOVATION............. 60,000 30,000 + .................................. Insufficient justification.... [-30,000] + 042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 172,486 172,486 + PROGRAM--ADVANCED DEVELOPMENT. + 043 0603527D8Z RETRACT LARCH..................... 159,688 159,688 + 044 0603618D8Z JOINT ELECTRONIC ADVANCED 12,063 12,063 + TECHNOLOGY. + 045 0603648D8Z JOINT CAPABILITY TECHNOLOGY 107,359 89,859 + DEMONSTRATIONS. + .................................. Program reduction............. [-17,500] + 046 0603662D8Z NETWORKED COMMUNICATIONS 2,858 2,858 + CAPABILITIES. + 047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 96,397 116,397 + AND TECHNOLOGY PROGRAM. + .................................. Additive manufacturing........ [10,000] + .................................. Integrated silicon based [5,000] + lasers. + .................................. Program increase.............. [5,000] + 048 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 42,834 42,834 + 049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 80,911 80,911 + DEVELOPMENT. + 050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,817 10,817 + DEMONSTRATIONS. + 051 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 66,157 66,157 + PROGRAM. + 052 0603720S MICROELECTRONICS TECHNOLOGY 171,771 171,771 + DEVELOPMENT AND SUPPORT. + 053 0603727D8Z JOINT WARFIGHTING PROGRAM......... 4,846 4,846 + 054 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 128,616 128,616 + 055 0603760E COMMAND, CONTROL AND 232,134 232,134 + COMMUNICATIONS SYSTEMS. + 056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 512,424 507,424 + .................................. Unjustified increase.......... [-5,000] + 057 0603767E SENSOR TECHNOLOGY................. 163,903 163,903 + 058 0603769D8Z DISTRIBUTED LEARNING ADVANCED 13,723 13,723 + TECHNOLOGY DEVELOPMENT. + 059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 15,111 15,111 + 060 0603826D8Z QUICK REACTION SPECIAL PROJECTS... 47,147 47,147 + 061 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY.. 19,376 19,376 + 062 0603924D8Z HIGH ENERGY LASER ADVANCED 85,223 85,223 + TECHNOLOGY PROGRAM. + 063 0603941D8Z TEST & EVALUATION SCIENCE & 175,574 185,574 + TECHNOLOGY. + .................................. Program increase to support [10,000] + NDS technologies. + 064 0603950D8Z NATIONAL SECURITY INNOVATION 25,000 25,000 + NETWORK. + 065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 70,536 53,900 + IMPROVEMENT. + .................................. Excess growth................. [-16,636] + 066 0303310D8Z CWMD SYSTEMS...................... 28,907 28,907 + 068 1160402BB SOF ADVANCED TECHNOLOGY 89,154 89,154 + DEVELOPMENT. + 069 1206310SDA SPACE SCIENCE AND TECHNOLOGY 20,000 20,000 + RESEARCH AND DEVELOPMENT. + .................................. SUBTOTAL ADVANCED TECHNOLOGY 3,742,088 3,673,462 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT AND + PROTOTYPES + 070 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 42,695 42,695 + SECURITY EQUIPMENT RDT&E ADC&P. + 071 0603600D8Z WALKOFF........................... 92,791 92,791 + 072 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,659 5,659 + INFORMATION SERVICES. + 073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 66,572 68,572 + CERTIFICATION PROGRAM. + .................................. ESTCP......................... [2,000] + 074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 302,761 302,761 + DEFENSE SEGMENT. + 075 0603882C BALLISTIC MISSILE DEFENSE 1,156,506 1,237,606 + MIDCOURSE DEFENSE SEGMENT. + .................................. Common booster engineering [-15,000] + early to need. + .................................. Homeland Defense Radar-Hawaii [-30,400] + delay. + .................................. RKV cancellation--on demand [-13,500] + communications. + .................................. RKV Program Termination-- [140,000] + Trasfer from RD,DW 109 for + SLEP program. + 076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 83,662 83,662 + PROGRAM--DEM/VAL. + 077 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 283,487 283,487 + 078 0603890C BMD ENABLING PROGRAMS............. 571,507 571,507 + 079 0603891C SPECIAL PROGRAMS--MDA............. 377,098 512,098 + .................................. Classified unfunded priority.. [135,000] + 080 0603892C AEGIS BMD......................... 727,479 699,479 + .................................. Unjustified growth............ [-28,000] + 081 0603896C BALLISTIC MISSILE DEFENSE COMMAND 564,206 562,706 + AND CONTROL, BATTLE MANAGEMENT + AND COMMUNICATI. + .................................. IBCS integration delays....... [-1,500] + 082 0603898C BALLISTIC MISSILE DEFENSE JOINT 51,532 51,532 + WARFIGHTER SUPPORT. + 083 0603904C MISSILE DEFENSE INTEGRATION & 56,161 56,161 + OPERATIONS CENTER (MDIOC). + 084 0603906C REGARDING TRENCH.................. 22,424 22,424 + 085 0603907C SEA BASED X-BAND RADAR (SBX)...... 128,156 128,156 + 086 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000 + 087 0603914C BALLISTIC MISSILE DEFENSE TEST.... 395,924 395,924 + 088 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 554,171 554,171 + 089 0603920D8Z HUMANITARIAN DEMINING............. 10,820 14,700 + .................................. Program increase.............. [3,880] + 090 0603923D8Z COALITION WARFARE................. 11,316 11,316 + 091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,365 3,365 + PROGRAM. + 092 0604115C TECHNOLOGY MATURATION INITIATIVES. 303,458 269,458 + .................................. Cancel Neutral Particle Beam.. [-34,000] + 093 0604132D8Z MISSILE DEFEAT PROJECT............ 17,816 10,000 + .................................. Unjustified budget request-- [-7,816] + program transitioned to + services. + 095 0604181C HYPERSONIC DEFENSE................ 157,425 157,425 + 096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,312,735 1,312,735 + .................................. Hypervelocity Gun Weapon [80,000] + System. + .................................. Insufficient justification.... [-80,000] + 097 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 542,421 547,421 + .................................. Trusted and assured [5,000] + microelectronics research. + 098 0604331D8Z RAPID PROTOTYPING PROGRAM......... 100,957 50,957 + .................................. Uncoordinated prototyping [-50,000] + efforts. + 099 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 92,000 92,000 + PROTOTYPING. + 100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 3,021 3,021 + UNMANNED SYSTEM COMMON + DEVELOPMENT. + 102 0604672C HOMELAND DEFENSE RADAR--HAWAII 274,714 173,598 + (HDR-H). + .................................. Funding acceleration early to [-60,000] + need. + .................................. Radar foundation and thermal [-41,116] + control system early to need. + 103 0604673C PACIFIC DISCRIMINATING RADAR...... 6,711 6,711 + 104 0604682D8Z WARGAMING AND SUPPORT FOR 3,751 3,751 + STRATEGIC ANALYSIS (SSA). + 105 0604775BR DEFENSE RAPID INNOVATION PROGRAM.. 14,021 14,021 + 107 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 20,062 20,062 + INTEGRATION AND INTEROPERABILITY + ASSESSMENTS. + 108 0604873C LONG RANGE DISCRIMINATION RADAR 136,423 136,423 + (LRDR). + 109 0604874C IMPROVED HOMELAND DEFENSE 412,363 272,363 + INTERCEPTORS. + .................................. RKV Termination - transfer to [-140,000] + RD,DW 075 for SLEP program. + 110 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 25,137 25,137 + DEFENSE SEGMENT TEST. + 111 0604878C AEGIS BMD TEST.................... 169,822 169,822 + 112 0604879C BALLISTIC MISSILE DEFENSE SENSOR 105,530 105,530 + TEST. + 113 0604880C LAND-BASED SM-3 (LBSM3)........... 38,352 38,352 + 115 0604887C BALLISTIC MISSILE DEFENSE 98,139 98,139 + MIDCOURSE SEGMENT TEST. + 117 0300206R ENTERPRISE INFORMATION TECHNOLOGY 1,600 1,600 + SYSTEMS. + 118 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 3,191 3,191 + (JET) PROGRAM. + 119 0305103C CYBER SECURITY INITIATIVE......... 1,138 1,138 + 120 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 85,000 55,000 + PROTOTYPING. + .................................. Missile defense studies [-30,000] + realignment. + 121 1206893C SPACE TRACKING & SURVEILLANCE 35,849 35,849 + SYSTEM. + 122 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 27,565 135,565 + SPACE PROGRAMS. + .................................. Hypersonic and Ballistic [108,000] + Tracking Space Sensor. + 122A 0604011D8Z NEXT GENERATION INFORMATION 275,000 + COMMUNICATIONS TECHNOLOGY (5G). + .................................. NTTR and additional AF [100,000] + installation 5G network. + .................................. Program increase.............. [175,000] + .................................. SUBTOTAL ADVANCED COMPONENT 9,797,493 10,015,041 + DEVELOPMENT AND PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT AND + DEMONSTRATION + 123 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 11,276 11,276 + SECURITY EQUIPMENT RDT&E SDD. + 124 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY 107,000 76,000 + DEVELOPMENT. + .................................. Transfer to RDTE, Army Line [-31,000] + 100. + 125 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 384,047 374,047 + PROGRAM--EMD. + .................................. Excess growth................. [-10,000] + 126 0604771D8Z JOINT TACTICAL INFORMATION 40,102 40,102 + DISTRIBUTION SYSTEM (JTIDS). + 127 0605000BR COUNTER WEAPONS OF MASS 13,100 13,100 + DESTRUCTION SYSTEMS DEVELOPMENT. + 128 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 3,070 3,070 + 129 0605021SE HOMELAND PERSONNEL SECURITY 7,295 7,295 + INITIATIVE. + 130 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 17,615 17,615 + 131 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 15,653 15,653 + 132 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 2,378 2,378 + AND DEMONSTRATION. + 133 0605075D8Z CMO POLICY AND INTEGRATION........ 1,618 1,618 + 134 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 27,944 27,944 + FINANCIAL SYSTEM. + 135 0605090S DEFENSE RETIRED AND ANNUITANT PAY 6,609 6,609 + SYSTEM (DRAS). + 136 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,619 9,619 + PROCUREMENT CAPABILITIES. + 137 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 175,032 175,032 + 138 0303140BL INFORMATION SYSTEMS SECURITY 425 425 + PROGRAM. + 139 0303141K GLOBAL COMBAT SUPPORT SYSTEM...... 1,578 1,578 + 140 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 4,373 4,373 + MANAGEMENT (EEIM). + 141 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 12,854 12,854 + AND DEMONSTRATION. + .................................. SUBTOTAL SYSTEM DEVELOPMENT AND 841,588 800,588 + DEMONSTRATION. + .................................. + .................................. MANAGEMENT SUPPORT + 142 0603829J JOINT CAPABILITY EXPERIMENTATION.. 13,000 13,000 + 143 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,724 9,724 + (DRRS). + 144 0604875D8Z JOINT SYSTEMS ARCHITECTURE 9,593 9,593 + DEVELOPMENT. + 145 0604940D8Z CENTRAL TEST AND EVALUATION 260,267 260,267 + INVESTMENT DEVELOPMENT (CTEIP). + 146 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 30,834 30,834 + 147 0605001E MISSION SUPPORT................... 68,498 68,498 + 148 0605100D8Z JOINT MISSION ENVIRONMENT TEST 83,091 89,091 + CAPABILITY (JMETC). + .................................. Cyber range development....... [6,000] + 149 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 18,079 18,079 + ANALYSIS. + 150 0605126J JOINT INTEGRATED AIR AND MISSILE 70,038 70,038 + DEFENSE ORGANIZATION (JIAMDO). + 152 0605142D8Z SYSTEMS ENGINEERING............... 37,140 37,140 + 153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,759 4,759 + 154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 8,307 8,307 + 155 0605170D8Z SUPPORT TO NETWORKS AND 9,441 9,441 + INFORMATION INTEGRATION. + 156 0605200D8Z GENERAL SUPPORT TO USD 1,700 1,700 + (INTELLIGENCE). + 157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,363 110,363 + PROGRAM. + 166 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,568 3,568 + (SBIR)/ SMALL BUSINESS TECHNOLOGY + TRANSFER. + 167 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 19,936 19,936 + 168 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 16,875 19,875 + .................................. National Science, Technology, [3,000] + and Security Roundtable with + Academia. + 169 0605801KA DEFENSE TECHNICAL INFORMATION 57,716 57,716 + CENTER (DTIC). + 170 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 34,448 34,448 + TESTING AND EVALUATION. + 171 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 22,203 22,203 + 172 0605898E MANAGEMENT HQ--R&D................ 13,208 13,208 + 173 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,027 3,027 + INFORMATION CENTER (DTIC). + 174 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 8,017 8,017 + 175 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,194 3,194 + ANALYSIS. + 176 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 1,000 1,000 + DEVELOPMENT SUPPORT. + 179 0203345D8Z DEFENSE OPERATIONS SECURITY 3,037 3,037 + INITIATIVE (DOSI). + 180 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 9,216 9,216 + 183 0303166J SUPPORT TO INFORMATION OPERATIONS 553 553 + (IO) CAPABILITIES. + 184 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,014 1,014 + OFFICE (DMDPO). + 185 0305172K COMBINED ADVANCED APPLICATIONS.... 58,667 48,667 + .................................. Unjustified growth............ [-10,000] + 187 0305245D8Z INTELLIGENCE CAPABILITIES AND 21,081 21,081 + INNOVATION INVESTMENTS. + 189 0307588D8Z ALGORITHMIC WARFARE CROSS 221,235 221,235 + FUNCTIONAL TEAMS. + 191 0804768J COCOM EXERCISE ENGAGEMENT AND 40,073 40,073 + TRAINING TRANSFORMATION (CE2T2)-- + NON-MHA. + 192 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100 + MANAGEMENT INSTITUTE (DEOMI). + 193 0901598C MANAGEMENT HQ--MDA................ 27,065 27,065 + 194 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,090 3,090 + 194A 9999999999 CLASSIFIED PROGRAMS............... 51,471 51,471 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,354,628 1,353,628 + .................................. + .................................. OPERATIONAL SYSTEM DEVELOPMENT + .................................. UNDISTRIBUTED + 195 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 7,945 7,945 + 196 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 208,834 208,834 + 197 0605127T REGIONAL INTERNATIONAL OUTREACH 1,947 1,947 + (RIO) AND PARTNERSHIP FOR PEACE + INFORMATION MANA. + 198 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 310 310 + SHARED INFORMATION SYSTEM + (OHASIS). + 199 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 10,051 18,551 + SUSTAINMENT SUPPORT. + .................................. Advanced systems manufacturing [5,000] + .................................. Rare earth element production. [3,500] + 200 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 12,734 12,734 + DEVELOPMENT. + 201 0607327T GLOBAL THEATER SECURITY 14,800 10,350 + COOPERATION MANAGEMENT + INFORMATION SYSTEMS (G-TSCMIS). + .................................. Excess growth................. [-4,450] + 202 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 54,023 54,023 + (OPERATIONAL SYSTEMS DEVELOPMENT). + 203 0208043J PLANNING AND DECISION AID SYSTEM 4,537 4,537 + (PDAS). + 204 0208045K C4I INTEROPERABILITY.............. 64,122 64,122 + 210 0302019K DEFENSE INFO INFRASTRUCTURE 15,798 15,798 + ENGINEERING AND INTEGRATION. + 211 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,166 11,166 + 212 0303131K MINIMUM ESSENTIAL EMERGENCY 17,383 17,383 + COMMUNICATIONS NETWORK (MEECN). + 214 0303136G KEY MANAGEMENT INFRASTRUCTURE 54,516 54,516 + (KMI). + 215 0303140D8Z INFORMATION SYSTEMS SECURITY 67,631 92,631 + PROGRAM. + .................................. AI and Cyber Center of [25,000] + Excellence. + 216 0303140G INFORMATION SYSTEMS SECURITY 289,080 287,198 + PROGRAM. + .................................. Realignment to DISA for [-1,882] + Sharkseer. + 217 0303140K INFORMATION SYSTEMS SECURITY 42,796 44,678 + PROGRAM. + .................................. Realignment for Sharkseer..... [1,882] + 218 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 25,218 25,218 + 219 0303153K DEFENSE SPECTRUM ORGANIZATION..... 21,698 21,698 + 220 0303228K JOINT REGIONAL SECURITY STACKS 18,077 18,077 + (JRSS). + 222 0303430K FEDERAL INVESTIGATIVE SERVICES 44,001 44,001 + INFORMATION TECHNOLOGY. + 228 0305128V SECURITY AND INVESTIGATIVE 2,400 2,400 + ACTIVITIES. + 232 0305186D8Z POLICY R&D PROGRAMS............... 6,301 6,301 + 233 0305199D8Z NET CENTRICITY.................... 21,384 21,384 + 235 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,359 6,359 + SYSTEMS. + 238 0305208K DISTRIBUTED COMMON GROUND/SURFACE 2,981 2,981 + SYSTEMS. + 241 0305327V INSIDER THREAT.................... 1,964 1,964 + 242 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,221 2,221 + TRANSFER PROGRAM. + 250 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,361 1,361 + 251 0708012S PACIFIC DISASTER CENTERS.......... 1,770 1,770 + 252 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,679 3,679 + SYSTEM. + 254 1105219BB MQ-9 UAV.......................... 20,697 20,697 + 256 1160403BB AVIATION SYSTEMS.................. 245,795 262,995 + .................................. Program increase--Future [8,800] + Vertical Lift. + .................................. UPL FVL realignment from RFCM. [8,400] + 257 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 15,484 15,484 + 258 1160408BB OPERATIONAL ENHANCEMENTS.......... 166,922 166,922 + 259 1160431BB WARRIOR SYSTEMS................... 62,332 62,332 + 260 1160432BB SPECIAL PROGRAMS.................. 21,805 21,805 + 261 1160434BB UNMANNED ISR...................... 37,377 37,377 + 262 1160480BB SOF TACTICAL VEHICLES............. 11,150 11,150 + 263 1160483BB MARITIME SYSTEMS.................. 72,626 72,626 + 264 1160489BB GLOBAL VIDEO SURVEILLANCE 5,363 5,363 + ACTIVITIES. + 265 1160490BB OPERATIONAL ENHANCEMENTS 12,962 12,962 + INTELLIGENCE. + 266 1203610K TELEPORT PROGRAM.................. 6,158 6,158 + 266A 9999999999 CLASSIFIED PROGRAMS............... 4,542,640 4,542,640 + .................................. SUBTOTAL OPERATIONAL SYSTEM 6,258,398 6,304,648 + DEVELOPMENT. + .................................. SUBTOTAL UNDISTRIBUTED......... 46,250 + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 24,772,953 24,971,825 + TEST & EVAL, DW. + .................................. + .................................. OPERATIONAL TEST & EVAL, DEFENSE + .................................. MANAGEMENT SUPPORT + 001 0605118OTE OPERATIONAL TEST AND EVALUATION... 93,291 93,291 + 002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 69,172 69,172 + 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,737 58,737 + ANALYSES. + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 221,200 221,200 + .................................. + .................................. TOTAL OPERATIONAL TEST & 221,200 221,200 + EVAL, DEFENSE. + .................................. + .................................. TOTAL RDT&E.................. 103,395,545 102,309,846 +---------------------------------------------------------------------------------------------------------------- + + +SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS +CONTINGENCY OPERATIONS. + + +------------------------------------------------------------------------ + SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS + CONTINGENCY OPERATIONS (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Line Program Element Item Request Authorized +------------------------------------------------------------------------ + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, + ARMY + ................ ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 074 0603327A AIR AND MISSILE 500 500 + DEFENSE SYSTEMS + ENGINEERING. + 079 0603747A SOLDIER SUPPORT 3,000 3,000 + AND + SURVIVABILITY. + 085 0603804A LOGISTICS AND 1,085 1,085 + ENGINEER + EQUIPMENT--ADV + DEV. + 095 0604117A MANEUVER--SHORT 6,000 0 + RANGE AIR + DEFENSE (M- + SHORAD). + ................ Unjustified [-6,000] + request. + 097 0604119A ARMY ADVANCED 4,529 4,529 + COMPONENT + DEVELOPMENT & + PROTOTYPING. + 105 0604785A INTEGRATED BASE 2,000 2,000 + DEFENSE (BUDGET + ACTIVITY 4). + ................ SUBTOTAL 17,114 17,114 + ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES. + ................ + ................ SYSTEM + DEVELOPMENT & + DEMONSTRATION + 151 0605035A COMMON INFRARED 11,770 11,770 + COUNTERMEASURES + (CIRCM). + 159 0605051A AIRCRAFT 77,420 77,420 + SURVIVABILITY + DEVELOPMENT. + 163 0605203A ARMY SYSTEM 19,527 19,527 + DEVELOPMENT & + DEMONSTRATION. + 174 0304270A ELECTRONIC 3,200 3,200 + WARFARE + DEVELOPMENT. + ................ SUBTOTAL SYSTEM 111,917 111,917 + DEVELOPMENT & + DEMONSTRATION. + ................ + ................ RDT&E MANAGEMENT + SUPPORT + 200 0606003A COUNTERINTEL AND 1,875 1,875 + HUMAN INTEL + MODERNIZATION. + ................ SUBTOTAL RDT&E 1,875 1,875 + MANAGEMENT + SUPPORT. + ................ + ................ OPERATIONAL + SYSTEMS + DEVELOPMENT + ................ UNDISTRIBUTED + 238 0303028A SECURITY AND 22,904 22,904 + INTELLIGENCE + ACTIVITIES. + 246 0305204A TACTICAL 34,100 34,100 + UNMANNED AERIAL + VEHICLES. + 247 0305206A AIRBORNE 14,000 14,000 + RECONNAISSANCE + SYSTEMS. + 252 0307665A BIOMETRICS 2,214 2,214 + ENABLED + INTELLIGENCE. + ................ SUBTOTAL 73,218 73,218 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ................ + ................ TOTAL RESEARCH, 204,124 198,124 + DEVELOPMENT, + TEST & EVAL, + ARMY. + ................ + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, + NAVY + ................ ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 028 0603207N AIR/OCEAN 2,400 2,400 + TACTICAL + APPLICATIONS. + 038 0603527N RETRACT LARCH... 22,000 22,000 + 057 0603654N JOINT SERVICE 14,178 14,178 + EXPLOSIVE + ORDNANCE + DEVELOPMENT. + 069 0603795N LAND ATTACK 1,428 1,428 + TECHNOLOGY. + ................ SUBTOTAL 40,006 40,006 + ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES. + ................ + ................ SYSTEM + DEVELOPMENT & + DEMONSTRATION + 143 0604755N SHIP SELF 1,122 1,122 + DEFENSE (DETECT + & CONTROL). + ................ SUBTOTAL SYSTEM 1,122 1,122 + DEVELOPMENT & + DEMONSTRATION. + ................ + ................ OPERATIONAL + SYSTEMS + DEVELOPMENT + ................ UNDISTRIBUTED + 228 0206313M MARINE CORPS 15,000 15,000 + COMMUNICATIONS + SYSTEMS. + 259A 9999999999 CLASSIFIED 108,282 108,282 + PROGRAMS. + ................ SUBTOTAL 123,282 123,282 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ................ + ................ TOTAL RESEARCH, 164,410 164,410 + DEVELOPMENT, + TEST & EVAL, + NAVY. + ................ + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, AF + ................ ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES + 048 0604858F TECH TRANSITION 26,450 26,450 + PROGRAM. + 072 1206857F SPACE RAPID 17,885 17,885 + CAPABILITIES + OFFICE. + ................ SUBTOTAL 44,335 44,335 + ADVANCED + COMPONENT + DEVELOPMENT & + PROTOTYPES. + ................ + ................ OPERATIONAL + SYSTEMS + DEVELOPMENT + ................ UNDISTRIBUTED + 177 0205671F JOINT COUNTER 4,000 4,000 + RCIED + ELECTRONIC + WARFARE. + 217 0208288F INTEL DATA 1,200 1,200 + APPLICATIONS. + 311A 9999999999 CLASSIFIED 78,713 78,713 + PROGRAMS. + ................ SUBTOTAL 83,913 83,913 + OPERATIONAL + SYSTEMS + DEVELOPMENT. + ................ + ................ TOTAL RESEARCH, 128,248 128,248 + DEVELOPMENT, + TEST & EVAL, AF. + ................ + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, DW + ................ APPLIED RESEARCH + 010 0602134BR COUNTER 1,677 1,677 + IMPROVISED- + THREAT ADVANCED + STUDIES. + ................ SUBTOTAL APPLIED 1,677 1,677 + RESEARCH. + ................ + ................ ADVANCED + TECHNOLOGY + DEVELOPMENT + 025 0603122D8Z COMBATING 25,230 25,230 + TERRORISM + TECHNOLOGY + SUPPORT. + 027 0603134BR COUNTER 49,528 49,528 + IMPROVISED- + THREAT + SIMULATION. + ................ SUBTOTAL 74,758 74,758 + ADVANCED + TECHNOLOGY + DEVELOPMENT. + ................ + ................ ADVANCED + COMPONENT + DEVELOPMENT AND + PROTOTYPES + 094 0604134BR COUNTER 113,590 113,590 + IMPROVISED- + THREAT + DEMONSTRATION, + PROTOTYPE + DEVELOPMENT, + AND TESTING. + ................ SUBTOTAL 113,590 113,590 + ADVANCED + COMPONENT + DEVELOPMENT AND + PROTOTYPES. + ................ + ................ OPERATIONAL + SYSTEM + DEVELOPMENT + ................ UNDISTRIBUTED + 258 1160408BB OPERATIONAL 726 726 + ENHANCEMENTS. + 259 1160431BB WARRIOR SYSTEMS. 6,000 6,000 + 261 1160434BB UNMANNED ISR.... 5,000 5,000 + 266A 9999999999 CLASSIFIED 200,199 200,199 + PROGRAMS. + ................ SUBTOTAL 211,925 211,925 + OPERATIONAL + SYSTEM + DEVELOPMENT. + ................ + ................ TOTAL RESEARCH, 401,950 401,950 + DEVELOPMENT, + TEST & EVAL, DW. + ................ + ................ TOTAL RDT&E..... 898,732 892,732 +------------------------------------------------------------------------ + + +SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY +REQUIREMENTS. + + +------------------------------------------------------------------------ + SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY + REQUIREMENTS (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Line Program Element Item Request Authorized +------------------------------------------------------------------------ + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, + NAVY + ................ MANAGEMENT + SUPPORT + 187 0605864N TEST AND 0 129,000 + EVALUATION + SUPPORT. + ................ Earthquake [129,000] + damage + recovery. + ................ TOTAL RESEARCH, 0 129,000 + DEVELOPMENT, + TEST & EVAL, + NAVY. + ................ + ................ RESEARCH, + DEVELOPMENT, + TEST & EVAL, AF + ................ MANAGEMENT + SUPPORT + 128 0605807F TEST AND 0 14,436 + EVALUATION + SUPPORT. + ................ Earthquake [14,436] + damage + recovery. + 138 0605976F FACILITIES 0 1,060 + RESTORATION AND + MODERNIZATION-- + TEST AND + EVALUATION + SUPPORT. + ................ Earthquake [1,060] + damage + recovery. + ................ TOTAL RESEARCH, 0 15,496 + DEVELOPMENT, + TEST & EVAL, AF. + ................ + ................ TOTAL RDT&E..... 0 144,496 +------------------------------------------------------------------------ + + + TITLE XLIII--OPERATION AND MAINTENANCE + +Sec. 4301. Operation and maintenance. +Sec. 4302. Operation and maintenance for overseas contingency + operations. +Sec. 4303. Operation and maintenance for emergency requirements. +SEC. 4301. OPERATION AND MAINTENANCE. + + +------------------------------------------------------------------------ + SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Line Item Request Authorized +------------------------------------------------------------------------ + OPERATION & MAINTENANCE, ARMY + OPERATING FORCES + 010 MANEUVER UNITS................ 1,735,922 1,398,674 + Realignment to OCO........ [-260,548] + Unjustified growth........ [-76,700] + 020 MODULAR SUPPORT BRIGADES...... 127,815 124,665 + Unjustified growth........ [-3,150] + 030 ECHELONS ABOVE BRIGADE........ 716,356 709,356 + Unjustified growth........ [-7,000] + 040 THEATER LEVEL ASSETS.......... 890,891 878,891 + Unjustified growth........ [-12,000] + 050 LAND FORCES OPERATIONS SUPPORT 1,232,477 1,222,977 + Unjustified growth........ [-9,500] + 060 AVIATION ASSETS............... 1,355,606 1,269,106 + Excess to need............ [-86,500] + 070 FORCE READINESS OPERATIONS 3,882,315 2,664,315 + SUPPORT...................... + Female personal protective [2,000] + equipment................. + Realignment to OCO........ [-1,100,000] + Unjustified growth........ [-120,000] + 080 LAND FORCES SYSTEMS READINESS. 417,069 446,269 + UPL MDTF INDOPACOM........ [29,200] + 090 LAND FORCES DEPOT MAINTENANCE. 1,633,327 1,608,327 + Unjustified growth........ [-25,000] + 100 BASE OPERATIONS SUPPORT....... 8,047,933 8,002,933 + Unjustified growth........ [-45,000] + 110 FACILITIES SUSTAINMENT, 4,326,840 4,326,840 + RESTORATION & MODERNIZATION.. + 120 MANAGEMENT AND OPERATIONAL 405,612 405,612 + HEADQUARTERS................. + 160 US AFRICA COMMAND............. 251,511 243,011 + Unjustified growth........ [-8,500] + 170 US EUROPEAN COMMAND........... 146,358 146,358 + .............................. + 180 US SOUTHERN COMMAND........... 191,840 209,840 + Multi-Mission Support [18,000] + Vessel.................... + 190 US FORCES KOREA............... 57,603 57,603 + 200 CYBERSPACE ACTIVITIES-- 423,156 423,156 + CYBERSPACE OPERATIONS........ + 210 CYBERSPACE ACTIVITIES-- 551,185 551,185 + CYBERSECURITY................ + SUBTOTAL OPERATING FORCES. 26,393,816 24,689,118 - AFGHAN NATIONAL POLICE - 130 SUSTAINMENT.......................................................... 422,806 422,806 - 140 INFRASTRUCTURE....................................................... 2,358 2,358 - 150 EQUIPMENT AND TRANSPORTATION......................................... 127,081 127,081 - 160 TRAINING AND OPERATIONS.............................................. 108,112 108,112 - SUBTOTAL AFGHAN NATIONAL POLICE...................................... 660,357 660,357 + MOBILIZATION + 220 STRATEGIC MOBILITY............ 380,577 380,577 + 230 ARMY PREPOSITIONED STOCKS..... 362,942 362,942 + 240 INDUSTRIAL PREPAREDNESS....... 4,637 5,637 + Advanced Manufacturing COE [1,000] + Tech Roadmapping.......... + SUBTOTAL MOBILIZATION..... 748,156 749,156 - AFGHAN AIR FORCE - 170 SUSTAINMENT.......................................................... 893,829 893,829 - 180 INFRASTRUCTURE....................................................... 8,611 8,611 - 190 EQUIPMENT AND TRANSPORTATION......................................... 566,967 566,967 - 200 TRAINING AND OPERATIONS.............................................. 356,108 356,108 - SUBTOTAL AFGHAN AIR FORCE............................................ 1,825,515 1,825,515 + TRAINING AND RECRUITING + 250 OFFICER ACQUISITION........... 157,175 157,175 + 260 RECRUIT TRAINING.............. 55,739 55,739 + 270 ONE STATION UNIT TRAINING..... 62,300 62,300 + 280 SENIOR RESERVE OFFICERS 538,357 538,357 + TRAINING CORPS............... + 290 SPECIALIZED SKILL TRAINING.... 969,813 969,813 + 300 FLIGHT TRAINING............... 1,234,049 1,234,049 + 310 PROFESSIONAL DEVELOPMENT 218,338 218,338 + EDUCATION.................... + 320 TRAINING SUPPORT.............. 554,659 552,659 + Excess travel request..... [-2,000] + 330 RECRUITING AND ADVERTISING.... 716,056 706,056 + Unjustified growth for [-10,000] + recruiting................ + 340 EXAMINING..................... 185,034 185,034 + 350 OFF-DUTY AND VOLUNTARY 214,275 214,275 + EDUCATION.................... + 360 CIVILIAN EDUCATION AND 147,647 147,647 + TRAINING..................... + 370 JUNIOR RESERVE OFFICER 173,812 173,812 + TRAINING CORPS............... + SUBTOTAL TRAINING AND 5,227,254 5,215,254 + RECRUITING................ - AFGHAN SPECIAL SECURITY FORCES - 210 SUSTAINMENT.......................................................... 437,909 437,909 - 220 INFRASTRUCTURE....................................................... 21,131 21,131 - 230 EQUIPMENT AND TRANSPORTATION......................................... 153,806 153,806 - 240 TRAINING AND OPERATIONS.............................................. 115,602 115,602 - SUBTOTAL AFGHAN SPECIAL SECURITY FORCES.............................. 728,448 728,448 + ADMIN & SRVWIDE ACTIVITIES + 390 SERVICEWIDE TRANSPORTATION.... 559,229 559,229 + 400 CENTRAL SUPPLY ACTIVITIES..... 929,944 928,944 + Excess personnel.......... [-1,000] + 410 LOGISTIC SUPPORT ACTIVITIES... 629,981 629,981 + 420 AMMUNITION MANAGEMENT......... 458,771 451,771 + Unjustified growth........ [-7,000] + 430 ADMINISTRATION................ 428,768 418,768 + Unjustified growth........ [-10,000] + 440 SERVICEWIDE COMMUNICATIONS.... 1,512,736 1,472,736 + Program decrease [-40,000] + unaccounted for........... + 450 MANPOWER MANAGEMENT........... 272,738 272,738 + 460 OTHER PERSONNEL SUPPORT....... 391,869 361,869 + Unjustified growth........ [-30,000] + 470 OTHER SERVICE SUPPORT......... 1,901,165 1,881,165 + Unjustified headquarters [-20,000] + growth.................... + 480 ARMY CLAIMS ACTIVITIES........ 198,765 191,265 + Historical underexecution. [-7,500] + 490 REAL ESTATE MANAGEMENT........ 226,248 226,248 + 500 FINANCIAL MANAGEMENT AND AUDIT 315,489 292,489 + READINESS.................... + Program decrease [-23,000] + unaccounted for........... + 510 INTERNATIONAL MILITARY 427,254 427,254 + HEADQUARTERS................. + 520 MISC. SUPPORT OF OTHER NATIONS 43,248 43,248 + 565 CLASSIFIED PROGRAMS........... 1,347,053 1,347,053 + SUBTOTAL ADMIN & SRVWIDE 9,643,258 9,504,758 + ACTIVITIES................ - TOTAL AFGHANISTAN SECURITY FORCES FUND............................... 4,803,978 4,803,978 + TOTAL OPERATION & 42,012,484 40,158,286 + MAINTENANCE, ARMY........ - OPERATION & MAINTENANCE, NAVY - OPERATING FORCES - 010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 5,682,156 2,804,356 - Transfer back to base funding.................................... [-2,877,800] - 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES....................... 60,115 816 - Transfer back to base funding.................................... [-59,299] - 040 AIR OPERATIONS AND SAFETY SUPPORT.................................... 9,582 9,582 - 050 AIR SYSTEMS SUPPORT.................................................. 197,262 197,262 - 060 AIRCRAFT DEPOT MAINTENANCE........................................... 1,322,427 168,246 - Transfer back to base funding.................................... [-1,154,181] - 070 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 3,594 3,594 - 080 AVIATION LOGISTICS................................................... 10,618 10,618 - 090 MISSION AND OTHER SHIP OPERATIONS.................................... 5,582,370 1,485,108 - Transfer back to base funding.................................... [-4,097,262] - 100 SHIP OPERATIONS SUPPORT & TRAINING................................... 20,334 20,334 - 110 SHIP DEPOT MAINTENANCE............................................... 10,426,913 2,365,615 - Transfer back to base funding.................................... [-8,061,298] - 120 SHIP DEPOT OPERATIONS SUPPORT........................................ 2,073,641 0 - Transfer back to base funding.................................... [-2,073,641] - 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE......................... 58,092 58,092 - 140 SPACE SYSTEMS AND SURVEILLANCE....................................... 18,000 18,000 - 150 WARFARE TACTICS...................................................... 16,984 16,984 - 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY............................. 29,382 29,382 - 170 COMBAT SUPPORT FORCES................................................ 608,870 608,870 - 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................... 7,799 7,799 - 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT.......................... 24,800 24,800 - 220 CYBERSPACE ACTIVITIES................................................ 363 363 - 240 WEAPONS MAINTENANCE.................................................. 486,188 486,188 - 250 OTHER WEAPON SYSTEMS SUPPORT......................................... 12,189 12,189 - 270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 68,667 68,667 - 280 BASE OPERATING SUPPORT............................................... 4,634,042 219,099 - Transfer back to base funding.................................... [-4,414,943] - SUBTOTAL OPERATING FORCES............................................ 31,354,388 8,615,964 + OPERATION & MAINTENANCE, ARMY + RES + OPERATING FORCES + 010 MODULAR SUPPORT BRIGADES...... 11,927 11,927 + 020 ECHELONS ABOVE BRIGADE........ 533,015 533,015 + 030 THEATER LEVEL ASSETS.......... 119,517 118,101 + Insufficient justification [-1,416] + 040 LAND FORCES OPERATIONS SUPPORT 550,468 543,468 + Insufficient justification [-7,000] + 050 AVIATION ASSETS............... 86,670 85,170 + Unjustified growth........ [-1,500] + 060 FORCE READINESS OPERATIONS 390,061 388,661 + SUPPORT...................... + Excess civilian increase.. [-1,400] + 070 LAND FORCES SYSTEMS READINESS. 101,890 101,890 + 080 LAND FORCES DEPOT MAINTENANCE. 48,503 48,503 + 090 BASE OPERATIONS SUPPORT....... 598,907 594,707 + Insufficient justification [-4,200] + 100 FACILITIES SUSTAINMENT, 444,376 444,376 + RESTORATION & MODERNIZATION.. + 110 MANAGEMENT AND OPERATIONAL 22,095 22,095 + HEADQUARTERS................. + 120 CYBERSPACE ACTIVITIES-- 3,288 3,288 + CYBERSPACE OPERATIONS........ + 130 CYBERSPACE ACTIVITIES-- 7,655 7,655 + CYBERSECURITY................ + SUBTOTAL OPERATING FORCES. 2,918,372 2,902,856 - MOBILIZATION - 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS................................ 17,580 17,580 - 330 COAST GUARD SUPPORT.................................................. 190,000 190,000 - SUBTOTAL MOBILIZATION................................................ 207,580 207,580 + ADMIN & SRVWD ACTIVITIES + UNDISTRIBUTED + 140 SERVICEWIDE TRANSPORTATION.... 14,533 14,533 + 150 ADMINISTRATION................ 17,231 17,231 + 160 SERVICEWIDE COMMUNICATIONS.... 14,304 14,304 + 170 MANPOWER MANAGEMENT........... 6,129 6,129 + 180 RECRUITING AND ADVERTISING.... 58,541 58,541 + SUBTOTAL ADMIN & SRVWD 110,738 110,738 + ACTIVITIES................ + 200 UNDISTRIBUTED................. -25,000 + Overestimation of civilian [-25,000] + FTE targets............... + SUBTOTAL UNDISTRIBUTED.... -25,000 - TRAINING AND RECRUITING - 370 SPECIALIZED SKILL TRAINING........................................... 52,161 52,161 - SUBTOTAL TRAINING AND RECRUITING..................................... 52,161 52,161 + TOTAL OPERATION & 3,029,110 2,988,594 + MAINTENANCE, ARMY RES.... - ADMIN & SRVWD ACTIVITIES - 440 ADMINISTRATION....................................................... 8,475 8,475 - 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 7,653 7,653 - 490 SERVICEWIDE TRANSPORTATION........................................... 70,683 70,683 - 520 ACQUISITION, LOGISTICS, AND OVERSIGHT................................ 11,130 11,130 - 530 INVESTIGATIVE AND SECURITY SERVICES.................................. 1,559 1,559 - 9999 CLASSIFIED PROGRAMS.................................................. 21,054 17,754 - Transfer back to base funding.................................... [-3,300] - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 120,554 117,254 + OPERATION & MAINTENANCE, ARNG + UNDISTRIBUTED + 010 MANEUVER UNITS................ 805,671 775,671 + Excess growth............. [-30,000] + 020 MODULAR SUPPORT BRIGADES...... 195,334 193,334 + Excess growth............. [-2,000] + 030 ECHELONS ABOVE BRIGADE........ 771,048 770,548 + Excess growth............. [-500] + 040 THEATER LEVEL ASSETS.......... 94,726 94,226 + Excess growth............. [-500] + 050 LAND FORCES OPERATIONS SUPPORT 33,696 35,185 + Program increase--advanced [1,489] + trauma training program... + 060 AVIATION ASSETS............... 981,819 973,819 + Insufficient justification [-8,000] + 070 FORCE READINESS OPERATIONS 743,206 743,206 + SUPPORT...................... + 080 LAND FORCES SYSTEMS READINESS. 50,963 50,963 + 090 LAND FORCES DEPOT MAINTENANCE. 258,278 254,028 + Insufficient justification [-4,250] + 100 BASE OPERATIONS SUPPORT....... 1,153,076 1,133,076 + Insufficient justification [-20,000] + 110 FACILITIES SUSTAINMENT, 1,113,475 1,113,475 + RESTORATION & MODERNIZATION.. + 120 MANAGEMENT AND OPERATIONAL 1,001,042 987,042 + HEADQUARTERS................. + Insufficient justification [-14,000] + 130 CYBERSPACE ACTIVITIES-- 8,448 8,448 + CYBERSPACE OPERATIONS........ + 140 CYBERSPACE ACTIVITIES-- 7,768 7,768 + CYBERSECURITY................ + SUBTOTAL OPERATING FORCES. 7,218,550 7,140,789 + 210 UNDISTRIBUTED................. -20,000 + Overestimation of civilian [-20,000] + FTE targets............... + SUBTOTAL UNDISTRIBUTED.... -20,000 - TOTAL OPERATION & MAINTENANCE, NAVY.................................. 31,734,683 8,992,959 + ADMIN & SRVWD ACTIVITIES + 150 SERVICEWIDE TRANSPORTATION.... 9,890 9,890 + 160 ADMINISTRATION................ 71,070 71,070 + 170 SERVICEWIDE COMMUNICATIONS.... 68,213 62,213 + Program decrease [-6,000] + unaccounted for........... + 180 MANPOWER MANAGEMENT........... 8,628 8,628 + 190 OTHER PERSONNEL SUPPORT....... 250,376 250,376 + 200 REAL ESTATE MANAGEMENT........ 2,676 2,676 + SUBTOTAL ADMIN & SRVWD 410,853 404,853 + ACTIVITIES................ - OPERATION & MAINTENANCE, MARINE CORPS - OPERATING FORCES - 010 OPERATIONAL FORCES................................................... 1,682,877 714,653 - Transfer back to base funding.................................... [-968,224] - 020 FIELD LOGISTICS...................................................... 232,508 232,508 - 030 DEPOT MAINTENANCE.................................................... 287,092 54,101 - Transfer back to base funding.................................... [-232,991] - 040 MARITIME PREPOSITIONING.............................................. 100,396 0 - Transfer back to base funding.................................... [-100,396] - 050 CYBERSPACE ACTIVITIES................................................ 2,000 2,000 - 060 SUSTAINMENT, RESTORATION & MODERNIZATION............................. 443,292 340,000 - Disaster recovery increase....................................... [340,000] - Transfer back to base funding.................................... [-443,292] - 070 BASE OPERATING SUPPORT............................................... 2,278,346 24,570 - Transfer back to base funding.................................... [-2,253,776] - SUBTOTAL OPERATING FORCES............................................ 5,026,511 1,367,832 + TOTAL OPERATION & 7,629,403 7,525,642 + MAINTENANCE, ARNG........ - TRAINING AND RECRUITING - 120 TRAINING SUPPORT..................................................... 30,459 30,459 - SUBTOTAL TRAINING AND RECRUITING..................................... 30,459 30,459 + OPERATION & MAINTENANCE, NAVY + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT 5,309,109 4,659,109 + OPERATIONS................... + Projected underexecution.. [-50,000] + Realignment to OCO........ [-600,000] + 020 FLEET AIR TRAINING............ 2,284,828 2,249,828 + Projected underexecution.. [-35,000] + 030 AVIATION TECHNICAL DATA & 59,299 59,299 + ENGINEERING SERVICES......... + 040 AIR OPERATIONS AND SAFETY 155,896 155,896 + SUPPORT...................... + 050 AIR SYSTEMS SUPPORT........... 719,107 719,107 + 060 AIRCRAFT DEPOT MAINTENANCE.... 1,154,181 1,154,181 + 070 AIRCRAFT DEPOT OPERATIONS 60,402 59,202 + SUPPORT...................... + Excess growth............. [-1,200] + 080 AVIATION LOGISTICS............ 1,241,421 1,219,421 + Projected underexecution.. [-22,000] + 090 MISSION AND OTHER SHIP 4,097,262 3,547,262 + OPERATIONS................... + Realignment to OCO........ [-450,000] + Unjustified growth........ [-100,000] + 100 SHIP OPERATIONS SUPPORT & 1,031,792 1,029,792 + TRAINING..................... + Excess civilian growth.... [-2,000] + 110 SHIP DEPOT MAINTENANCE........ 8,061,298 8,714,298 + Program increase.......... [653,000] + 120 SHIP DEPOT OPERATIONS SUPPORT. 2,073,641 2,066,141 + Insufficient justification [-7,500] + 130 COMBAT COMMUNICATIONS AND 1,378,856 1,364,856 + ELECTRONIC WARFARE........... + Unjustified growth........ [-14,000] + 140 SPACE SYSTEMS AND SURVEILLANCE 276,245 273,745 + Unjustified growth........ [-2,500] + 150 WARFARE TACTICS............... 675,209 675,209 + 160 OPERATIONAL METEOROLOGY AND 389,516 389,516 + OCEANOGRAPHY................. + 170 COMBAT SUPPORT FORCES......... 1,536,310 1,126,310 + Realignment to OCO........ [-400,000] + Unjustified growth........ [-10,000] + 180 EQUIPMENT MAINTENANCE AND 161,579 161,579 + DEPOT OPERATIONS SUPPORT..... + 190 COMBATANT COMMANDERS CORE 59,521 59,521 + OPERATIONS................... + 200 COMBATANT COMMANDERS DIRECT 93,978 98,978 + MISSION SUPPORT.............. + Posture site assessments [5,000] + INDOPACOM................. + 210 MILITARY INFORMATION SUPPORT 8,641 8,641 + OPERATIONS................... + 220 CYBERSPACE ACTIVITIES......... 496,385 496,385 + 230 FLEET BALLISTIC MISSILE....... 1,423,339 1,423,339 + 240 WEAPONS MAINTENANCE........... 924,069 895,032 + Insufficient justification [-29,037] + 250 OTHER WEAPON SYSTEMS SUPPORT.. 540,210 540,210 + 260 ENTERPRISE INFORMATION........ 1,131,627 1,111,627 + Unjustified growth........ [-20,000] + 270 SUSTAINMENT, RESTORATION AND 3,029,634 3,029,634 + MODERNIZATION................ + 280 BASE OPERATING SUPPORT........ 4,414,943 4,414,943 + SUBTOTAL OPERATING FORCES. 42,788,298 41,703,061 - ADMIN & SRVWD ACTIVITIES - 160 SERVICEWIDE TRANSPORTATION........................................... 61,400 61,400 - 9999 CLASSIFIED PROGRAMS.................................................. 5,100 5,100 - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 66,500 66,500 + MOBILIZATION + 290 SHIP PREPOSITIONING AND SURGE. 942,902 942,902 + 300 READY RESERVE FORCE........... 352,044 352,044 + 310 SHIP ACTIVATIONS/INACTIVATIONS 427,555 427,555 + 320 EXPEDITIONARY HEALTH SERVICES 137,597 137,597 + SYSTEMS...................... + 330 COAST GUARD SUPPORT........... 24,604 24,604 + SUBTOTAL MOBILIZATION..... 1,884,702 1,884,702 - TOTAL OPERATION & MAINTENANCE, MARINE CORPS.......................... 5,123,470 1,464,791 + TRAINING AND RECRUITING + 340 OFFICER ACQUISITION........... 150,765 150,765 + 350 RECRUIT TRAINING.............. 11,584 11,584 + 360 RESERVE OFFICERS TRAINING 159,133 159,133 + CORPS........................ + 370 SPECIALIZED SKILL TRAINING.... 911,316 891,316 + Insufficient justification [-20,000] + 380 PROFESSIONAL DEVELOPMENT 185,211 186,261 + EDUCATION.................... + Program increase: Sea [1,050] + Cadets.................... + 390 TRAINING SUPPORT.............. 267,224 267,224 + 400 RECRUITING AND ADVERTISING.... 209,252 204,252 + Insufficient justification [-5,000] + 410 OFF-DUTY AND VOLUNTARY 88,902 88,902 + EDUCATION.................... + 420 CIVILIAN EDUCATION AND 67,492 67,492 + TRAINING..................... + 430 JUNIOR ROTC................... 55,164 55,164 + SUBTOTAL TRAINING AND 2,106,043 2,082,093 + RECRUITING................ - OPERATION & MAINTENANCE, NAVY RES - OPERATING FORCES - 010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 654,220 0 - Transfer back to base funding.................................... [-654,220] - 020 INTERMEDIATE MAINTENANCE............................................. 510 510 - 030 AIRCRAFT DEPOT MAINTENANCE........................................... 119,864 11,628 - Transfer back to base funding.................................... [-108,236] - 080 COMBAT SUPPORT FORCES................................................ 10,898 10,898 - 120 BASE OPERATING SUPPORT............................................... 101,376 0 - Transfer back to base funding.................................... [-101,376] - SUBTOTAL OPERATING FORCES............................................ 886,868 23,036 + ADMIN & SRVWD ACTIVITIES + 440 ADMINISTRATION................ 1,143,358 1,103,358 + Unjustified growth........ [-40,000] + 450 CIVILIAN MANPOWER AND 178,342 175,342 + PERSONNEL MANAGEMENT......... + Excess civilian growth.... [-3,000] + 460 MILITARY MANPOWER AND 418,413 418,413 + PERSONNEL MANAGEMENT......... + 490 SERVICEWIDE TRANSPORTATION.... 157,465 157,465 + 510 PLANNING, ENGINEERING, AND 485,397 490,397 + PROGRAM SUPPORT.............. + REPO...................... [5,000] + 520 ACQUISITION, LOGISTICS, AND 654,137 647,137 + OVERSIGHT.................... + Unjustified growth........ [-7,000] + 530 INVESTIGATIVE AND SECURITY 718,061 718,061 + SERVICES..................... + 645 CLASSIFIED PROGRAMS........... 591,535 591,535 + SUBTOTAL ADMIN & SRVWD 4,346,708 4,301,708 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, NAVY RES.............................. 886,868 23,036 + UNDISTRIBUTED + 650 UNDISTRIBUTED................. -20,000 + Overestimation of civilian [-20,000] + FTE targets............... + SUBTOTAL UNDISTRIBUTED.... -20,000 - OPERATION & MAINTENANCE, MC RESERVE - OPERATING FORCES - 010 OPERATING FORCES..................................................... 114,111 7,627 - Transfer back to base funding.................................... [-106,484] - 020 DEPOT MAINTENANCE.................................................... 18,429 0 - Transfer back to base funding.................................... [-18,429] - 040 BASE OPERATING SUPPORT............................................... 107,153 1,080 - Transfer back to base funding.................................... [-106,073] - SUBTOTAL OPERATING FORCES............................................ 239,693 8,707 + TOTAL OPERATION & 51,125,751 49,951,564 + MAINTENANCE, NAVY........ - TOTAL OPERATION & MAINTENANCE, MC RESERVE............................ 239,693 8,707 + OPERATION & MAINTENANCE, + MARINE CORPS + OPERATING FORCES + 010 OPERATIONAL FORCES............ 968,224 727,224 + Excess civilian growth.... [-1,000] + Realignment to OCO........ [-200,000] + Unjustified growth........ [-40,000] + 020 FIELD LOGISTICS............... 1,278,533 1,064,533 + Realignment to OCO........ [-200,000] + Unjustified growth........ [-14,000] + 030 DEPOT MAINTENANCE............. 232,991 232,991 + 040 MARITIME PREPOSITIONING....... 100,396 100,396 + 050 CYBERSPACE ACTIVITIES......... 203,580 203,580 + 060 SUSTAINMENT, RESTORATION & 1,559,034 1,559,034 + MODERNIZATION................ + 070 BASE OPERATING SUPPORT........ 2,253,776 2,223,776 + Unjustified growth........ [-30,000] + SUBTOTAL OPERATING FORCES. 6,596,534 6,111,534 - OPERATION & MAINTENANCE, AIR FORCE - OPERATING FORCES - 010 PRIMARY COMBAT FORCES................................................ 163,632 163,632 - 020 COMBAT ENHANCEMENT FORCES............................................ 1,049,170 1,049,170 - 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)....................... 111,808 111,808 - 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 3,743,491 408,699 - Transfer back to base funding.................................... [-3,334,792] - 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 613,875 487,264 - Disaster recovery increase....................................... [340,000] - Transfer back to base funding.................................... [-466,611] - 060 CYBERSPACE SUSTAINMENT............................................... 238,872 10,061 - Transfer back to base funding.................................... [-228,811] - 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 9,282,958 953,594 - Transfer back to base funding.................................... [-8,329,364] - 080 FLYING HOUR PROGRAM.................................................. 6,544,039 2,495,266 - Transfer back to base funding.................................... [-4,048,773] - 090 BASE SUPPORT......................................................... 8,762,102 1,538,120 - Transfer back to base funding.................................... [-7,223,982] - 100 GLOBAL C3I AND EARLY WARNING......................................... 13,863 13,863 - 110 OTHER COMBAT OPS SPT PROGRAMS........................................ 272,020 272,020 - 120 CYBERSPACE ACTIVITIES................................................ 17,657 17,657 - 130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES.......................... 36,098 36,098 - 140 LAUNCH FACILITIES.................................................... 391 391 - 150 SPACE CONTROL SYSTEMS................................................ 39,990 39,990 - 160 US NORTHCOM/NORAD.................................................... 725 725 - 170 US STRATCOM.......................................................... 926 926 - 180 US CYBERCOM.......................................................... 35,189 35,189 - 190 US CENTCOM........................................................... 163,015 163,015 - 200 US SOCOM............................................................. 19,000 19,000 - SUBTOTAL OPERATING FORCES............................................ 31,108,821 7,816,488 + TRAINING AND RECRUITING + 080 RECRUIT TRAINING.............. 21,240 21,240 + 090 OFFICER ACQUISITION........... 1,168 1,168 + 100 SPECIALIZED SKILL TRAINING.... 106,601 106,601 + 110 PROFESSIONAL DEVELOPMENT 49,095 49,095 + EDUCATION.................... + 120 TRAINING SUPPORT.............. 407,315 407,315 + 130 RECRUITING AND ADVERTISING.... 210,475 210,475 + 140 OFF-DUTY AND VOLUNTARY 42,810 42,810 + EDUCATION.................... + 150 JUNIOR ROTC................... 25,183 25,183 + SUBTOTAL TRAINING AND 863,887 863,887 + RECRUITING................ - MOBILIZATION - 240 AIRLIFT OPERATIONS................................................... 1,271,439 1,271,439 - 250 MOBILIZATION PREPAREDNESS............................................ 109,682 109,682 - SUBTOTAL MOBILIZATION................................................ 1,381,121 1,381,121 + ADMIN & SRVWD ACTIVITIES + 160 SERVICEWIDE TRANSPORTATION.... 29,894 29,894 + 170 ADMINISTRATION................ 384,352 384,352 + 225 CLASSIFIED PROGRAMS........... 52,057 52,057 + SUBTOTAL ADMIN & SRVWD 466,303 466,303 + ACTIVITIES................ - TRAINING AND RECRUITING - 260 OFFICER ACQUISITION.................................................. 200 200 - 270 RECRUIT TRAINING..................................................... 352 352 - 290 SPECIALIZED SKILL TRAINING........................................... 26,802 26,802 - 300 FLIGHT TRAINING...................................................... 844 844 - 310 PROFESSIONAL DEVELOPMENT EDUCATION................................... 1,199 1,199 - 320 TRAINING SUPPORT..................................................... 1,320 1,320 - SUBTOTAL TRAINING AND RECRUITING..................................... 30,717 30,717 + TOTAL OPERATION & 7,926,724 7,441,724 + MAINTENANCE, MARINE CORPS - ADMIN & SRVWD ACTIVITIES - 380 LOGISTICS OPERATIONS................................................. 164,701 164,701 - 390 TECHNICAL SUPPORT ACTIVITIES......................................... 11,608 11,608 - 400 ADMINISTRATION....................................................... 4,814 4,814 - 410 SERVICEWIDE COMMUNICATIONS........................................... 145,204 145,204 - 420 OTHER SERVICEWIDE ACTIVITIES......................................... 98,841 98,841 - 460 INTERNATIONAL SUPPORT................................................ 29,890 29,890 - 9999 CLASSIFIED PROGRAMS.................................................. 52,995 52,995 - SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 508,053 508,053 + OPERATION & MAINTENANCE, NAVY + RES + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT 654,220 629,220 + OPERATIONS................... + Unjustified growth........ [-25,000] + 020 INTERMEDIATE MAINTENANCE...... 8,767 8,767 + 030 AIRCRAFT DEPOT MAINTENANCE.... 108,236 108,236 + 040 AIRCRAFT DEPOT OPERATIONS 463 463 + SUPPORT...................... + 050 AVIATION LOGISTICS............ 26,014 26,014 + 060 SHIP OPERATIONS SUPPORT & 583 583 + TRAINING..................... + 070 COMBAT COMMUNICATIONS......... 17,883 17,883 + 080 COMBAT SUPPORT FORCES......... 128,079 128,079 + 090 CYBERSPACE ACTIVITIES......... 356 356 + 100 ENTERPRISE INFORMATION........ 26,133 26,133 + 110 SUSTAINMENT, RESTORATION AND 35,397 35,397 + MODERNIZATION................ + 120 BASE OPERATING SUPPORT........ 101,376 101,376 + SUBTOTAL OPERATING FORCES. 1,107,507 1,082,507 - TOTAL OPERATION & MAINTENANCE, AIR FORCE............................. 33,028,712 9,736,379 + ADMIN & SRVWD ACTIVITIES + 130 ADMINISTRATION................ 1,888 1,888 + 140 MILITARY MANPOWER AND 12,778 12,778 + PERSONNEL MANAGEMENT......... + 150 ACQUISITION AND PROGRAM 2,943 2,943 + MANAGEMENT................... + SUBTOTAL ADMIN & SRVWD 17,609 17,609 + ACTIVITIES................ - OPERATION & MAINTENANCE, AF RESERVE - OPERATING FORCES - 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 518,423 24,188 - Transfer back to base funding.................................... [-494,235] - 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 256,512 0 - Transfer back to base funding.................................... [-256,512] - 060 BASE SUPPORT......................................................... 420,196 5,570 - Transfer back to base funding.................................... [-414,626] - SUBTOTAL OPERATING FORCES............................................ 1,195,131 29,758 + TOTAL OPERATION & 1,125,116 1,100,116 + MAINTENANCE, NAVY RES.... - TOTAL OPERATION & MAINTENANCE, AF RESERVE............................ 1,195,131 29,758 + OPERATION & MAINTENANCE, MC + RESERVE + OPERATING FORCES + 010 OPERATING FORCES.............. 106,484 106,484 + 020 DEPOT MAINTENANCE............. 18,429 18,429 + 030 SUSTAINMENT, RESTORATION AND 47,516 47,516 + MODERNIZATION................ + 040 BASE OPERATING SUPPORT........ 106,073 106,073 + SUBTOTAL OPERATING FORCES. 278,502 278,502 - OPERATION & MAINTENANCE, ANG - OPERATING FORCES - 020 MISSION SUPPORT OPERATIONS........................................... 3,666 3,666 - 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 946,411 66,944 - Transfer back to base funding.................................... [-879,467] - 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 1,392,709 93,620 - Transfer back to base funding.................................... [-1,299,089] - 060 BASE SUPPORT......................................................... 924,454 12,679 - Transfer back to base funding.................................... [-911,775] - 070 CYBERSPACE SUSTAINMENT............................................... 24,742 0 - Transfer back to base funding.................................... [-24,742] - SUBTOTAL OPERATING FORCES............................................ 3,291,982 176,909 + ADMIN & SRVWD ACTIVITIES + 050 ADMINISTRATION................ 13,574 13,574 + SUBTOTAL ADMIN & SRVWD 13,574 13,574 + ACTIVITIES................ - TOTAL OPERATION & MAINTENANCE, ANG................................... 3,291,982 176,909 + TOTAL OPERATION & 292,076 292,076 + MAINTENANCE, MC RESERVE.. - OPERATION AND MAINTENANCE, DEFENSE-WIDE - OPERATING FORCES - 010 JOINT CHIEFS OF STAFF................................................ 21,866 21,866 - 020 JOINT CHIEFS OF STAFF--CE2T2......................................... 6,634 6,634 - 040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES............. 1,121,580 1,121,580 - 060 SPECIAL OPERATIONS COMMAND INTELLIGENCE.............................. 1,328,201 1,328,201 - 070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................... 399,845 399,845 - 090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT....................... 138,458 138,458 - 100 SPECIAL OPERATIONS COMMAND THEATER FORCES............................ 808,729 808,729 - SUBTOTAL OPERATING FORCES............................................ 3,825,313 3,825,313 + OPERATION & MAINTENANCE, AIR + FORCE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES......... 729,127 729,127 + 020 COMBAT ENHANCEMENT FORCES..... 1,318,770 918,770 + Realignment to OCO........ [-400,000] + 030 AIR OPERATIONS TRAINING (OJT, 1,486,790 1,446,790 + MAINTAIN SKILLS)............. + Unjustified growth........ [-40,000] + 040 DEPOT PURCHASE EQUIPMENT 3,334,792 3,299,792 + MAINTENANCE.................. + Unjustified growth........ [-35,000] + 050 FACILITIES SUSTAINMENT, 4,142,435 4,142,435 + RESTORATION & MODERNIZATION.. + 060 CYBERSPACE SUSTAINMENT........ 228,811 228,811 + 070 CONTRACTOR LOGISTICS SUPPORT 8,329,364 8,347,364 + AND SYSTEM SUPPORT........... + Expansion of Conditions [18,000] + Based Maintenance Plus + (CBM+).................... + 080 FLYING HOUR PROGRAM........... 4,048,773 3,418,773 + Realignment to OCO........ [-550,000] + Unjustified growth........ [-80,000] + 090 BASE OPERATIONS SUPPORT....... 7,223,982 6,933,982 + Insufficient justification [-90,000] + Realignment to OCO........ [-200,000] + 100 GLOBAL C3I AND EARLY WARNING.. 964,553 964,553 + 110 OTHER COMBAT OPS SPT PROGRAMS. 1,032,307 1,026,161 + Unjustified growth........ [-6,146] + 120 CYBERSPACE ACTIVITIES......... 670,076 670,076 + 140 LAUNCH FACILITIES............. 179,980 179,980 + 150 SPACE CONTROL SYSTEMS......... 467,990 464,390 + Insufficient justification [-3,600] + 160 US NORTHCOM/NORAD............. 184,655 184,655 + 170 US STRATCOM................... 478,357 478,357 + 180 US CYBERCOM................... 323,121 347,921 + Accelerate development of [1,500] + Cyber National Mission + Force capabilities........ + Cyber National Mission [5,300] + Force mobile & modular + hunt forward kit.......... + ETERNALDARKNESS........... [18,000] + 190 US CENTCOM.................... 160,989 160,989 + 200 US SOCOM...................... 6,225 6,225 + 210 US TRANSCOM................... 544 544 + 220 CENTCOM CYBERSPACE SUSTAINMENT 2,073 2,073 + 230 USSPACECOM.................... 70,588 70,588 + 235 CLASSIFIED PROGRAMS........... 1,322,944 1,316,694 + Unjustified increase...... [-6,250] + SUBTOTAL OPERATING FORCES. 36,707,246 35,339,050 - ADMIN & SRVWIDE ACTIVITIES - 180 DEFENSE CONTRACT AUDIT AGENCY........................................ 1,810 1,810 - 200 DEFENSE CONTRACT MANAGEMENT AGENCY................................... 21,723 21,723 - 230 DEFENSE INFORMATION SYSTEMS AGENCY................................... 81,133 81,133 - 240 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER............................ 3,455 3,455 - 270 DEFENSE LEGAL SERVICES AGENCY........................................ 196,124 196,124 - 290 DEFENSE MEDIA ACTIVITY............................................... 14,377 14,377 - 310 DEFENSE SECURITY COOPERATION AGENCY.................................. 1,927,217 1,977,217 - Security cooperation account, unjustified growth................. [-100,000] - Transfer from CTEF Iraq.......................................... [100,000] - Ukraine Security Assistance Initiative........................... [50,000] - 380 DEFENSE THREAT REDUCTION AGENCY...................................... 317,558 317,558 - 410 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY............................. 31,620 31,620 - 460 OFFICE OF THE SECRETARY OF DEFENSE................................... 16,666 16,666 - 500 WASHINGTON HEADQUARTERS SERVICES..................................... 6,331 6,331 - 9999 CLASSIFIED PROGRAMS.................................................. 2,005,285 1,924,785 - Transfer back to base funding.................................... [-80,500] - SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 4,623,299 4,592,799 + MOBILIZATION + 240 AIRLIFT OPERATIONS............ 1,158,142 1,158,142 + 250 MOBILIZATION PREPAREDNESS..... 138,672 130,172 + Unjustified growth........ [-8,500] + SUBTOTAL MOBILIZATION..... 1,296,814 1,288,314 - TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE........................ 8,448,612 8,418,112 + TRAINING AND RECRUITING + 260 OFFICER ACQUISITION........... 130,835 130,835 + 270 RECRUIT TRAINING.............. 26,021 26,021 + 280 RESERVE OFFICERS TRAINING 121,391 121,391 + CORPS (ROTC)................. + 290 SPECIALIZED SKILL TRAINING.... 454,539 414,539 + Unjustified growth........ [-40,000] + 300 FLIGHT TRAINING............... 600,565 600,565 + 310 PROFESSIONAL DEVELOPMENT 282,788 282,788 + EDUCATION.................... + 320 TRAINING SUPPORT.............. 123,988 113,988 + Unjustified growth........ [-10,000] + 330 RECRUITING AND ADVERTISING.... 167,731 162,731 + Unjustified growth........ [-5,000] + 340 EXAMINING..................... 4,576 4,576 + 350 OFF-DUTY AND VOLUNTARY 211,911 211,911 + EDUCATION.................... + 360 CIVILIAN EDUCATION AND 219,021 219,021 + TRAINING..................... + 370 JUNIOR ROTC................... 62,092 62,092 + SUBTOTAL TRAINING AND 2,405,458 2,350,458 + RECRUITING................ - TOTAL OPERATION & MAINTENANCE........................................ 133,104,216 52,548,450 ----------------------------------------------------------------------------------------------------------------- - - TITLE XLIV--MILITARY PERSONNEL - -SEC. 4401. MILITARY PERSONNEL. - ------------------------------------------------------------------------- - SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) -------------------------------------------------------------------------- - FY 2020 Senate - Item Request Authorized ------------------------------------------------------------------------- -MILITARY PERSONNEL -MILITARY PERSONNEL APPROPRIATIONS -MILITARY PERSONNEL APPROPRIATIONS..... 143,476,503 142,557,523 - Historical under execution....... [-918,980] -SUBTOTAL MILITARY PERSONNEL 143,476,503 142,557,523 - APPROPRIATIONS....................... + ADMIN & SRVWD ACTIVITIES + UNDISTRIBUTED + 380 LOGISTICS OPERATIONS.......... 664,926 664,926 + 390 TECHNICAL SUPPORT ACTIVITIES.. 101,483 101,483 + 400 ADMINISTRATION................ 892,480 892,480 + 410 SERVICEWIDE COMMUNICATIONS.... 152,532 122,532 + Insufficient justification [-30,000] + 420 OTHER SERVICEWIDE ACTIVITIES.. 1,254,089 1,204,089 + Program decrease [-20,000] + unaccounted for........... + Remove one-time fiscal [-30,000] + year 2019 increase........ + 430 CIVIL AIR PATROL.............. 30,070 37,200 + Improved emergency crew [7,130] + readiness................. + 460 INTERNATIONAL SUPPORT......... 136,110 136,110 + 465 CLASSIFIED PROGRAMS........... 1,269,624 1,269,624 + SUBTOTAL ADMIN & SRVWD 4,501,314 4,428,444 + ACTIVITIES................ -MEDICARE-ELIGIBLE RETIREE HEALTH FUND - CONTRIBUTIONS -MEDICARE-ELIGIBLE RETIREE HEALTH FUND 7,816,815 7,816,815 - CONTRIBUTIONS........................ -SUBTOTAL MEDICARE-ELIGIBLE RETIREE 7,816,815 7,816,815 - HEALTH FUND CONTRIBUTIONS............ + TOTAL OPERATION & 44,910,832 43,406,266 + MAINTENANCE, AIR FORCE... -TOTAL MILITARY PERSONNEL.............. 151,293,318 150,374,338 ------------------------------------------------------------------------- - -SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS. - ------------------------------------------------------------------------- - SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In - Thousands of Dollars) -------------------------------------------------------------------------- - FY 2020 Senate - Item Request Authorized ------------------------------------------------------------------------- -MILITARY PERSONNEL -MILITARY PERSONNEL APPROPRIATIONS -MILITARY PERSONNEL APPROPRIATIONS..... 4,485,808 4,485,808 -SUBTOTAL MILITARY PERSONNEL 4,485,808 4,485,808 - APPROPRIATIONS....................... + OPERATION & MAINTENANCE, SPACE + FORCE + UNDISTRIBUTED + 010 BASE SUPPORT.................. 72,436 72,436 + SUBTOTAL OPERATING FORCES. 72,436 72,436 -TOTAL MILITARY PERSONNEL.............. 4,485,808 4,485,808 ------------------------------------------------------------------------- - - TITLE XLV--OTHER AUTHORIZATIONS - -SEC. 4501. OTHER AUTHORIZATIONS. - ------------------------------------------------------------------------- - SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) -------------------------------------------------------------------------- - FY 2020 Senate - Line Item Request Authorized ------------------------------------------------------------------------- - WORKING CAPITAL FUND - WORKING CAPITAL FUND, ARMY - 010 INDUSTRIAL OPERATIONS.......... 57,467 57,467 - 020 SUPPLY MANAGEMENT--ARMY........ 32,130 32,130 - SUBTOTAL WORKING CAPITAL FUND, 89,597 89,597 - ARMY.......................... + TOTAL OPERATION & 72,436 72,436 + MAINTENANCE, SPACE FORCE. - WORKING CAPITAL FUND, AIR FORCE - 020 SUPPLIES AND MATERIALS......... 92,499 102,499 - Energy optimization [10,000] - initiatives................ - SUBTOTAL WORKING CAPITAL FUND, 92,499 102,499 - AIR FORCE..................... + OPERATION & MAINTENANCE, AF + RESERVE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES......... 1,781,413 1,756,413 + Delay in KC-46 aircraft [-25,000] + delivery.................. + 020 MISSION SUPPORT OPERATIONS.... 209,650 204,150 + Unjustified growth........ [-5,500] + 030 DEPOT PURCHASE EQUIPMENT 494,235 484,235 + MAINTENANCE.................. + Excess growth............. [-10,000] + 040 FACILITIES SUSTAINMENT, 128,746 128,746 + RESTORATION & MODERNIZATION.. + 050 CONTRACTOR LOGISTICS SUPPORT 256,512 256,512 + AND SYSTEM SUPPORT........... + 060 BASE SUPPORT.................. 414,626 414,626 + 070 CYBERSPACE ACTIVITIES......... 1,673 1,673 + SUBTOTAL OPERATING FORCES. 3,286,855 3,246,355 - WORKING CAPITAL FUND, DEFENSE- - WIDE - 010 SUPPLY CHAIN MANAGEMENT--DEF... 49,085 49,085 - SUBTOTAL WORKING CAPITAL FUND, 49,085 49,085 - DEFENSE-WIDE.................. + ADMINISTRATION AND SERVICEWIDE + ACTIVITIES + UNDISTRIBUTED + 080 ADMINISTRATION................ 69,436 69,436 + 090 RECRUITING AND ADVERTISING.... 22,124 22,124 + 100 MILITARY MANPOWER AND PERS 10,946 10,946 + MGMT (ARPC).................. + 110 OTHER PERS SUPPORT (DISABILITY 7,009 7,009 + COMP)........................ + 120 AUDIOVISUAL................... 448 448 + SUBTOTAL ADMINISTRATION 109,963 109,963 + AND SERVICEWIDE ACTIVITIES - WORKING CAPITAL FUND, DECA - 010 WORKING CAPITAL FUND, DECA..... 995,030 995,030 - SUBTOTAL WORKING CAPITAL FUND, 995,030 995,030 - DECA.......................... + TOTAL OPERATION & 3,396,818 3,356,318 + MAINTENANCE, AF RESERVE.. - WCF, DEF COUNTERINTELLIGENCE & - SECURITY AGENCY - 010 DEFENSE COUNTERINTELLIGENCE AND 200,000 200,000 - SECURITY AGENCY............... - SUBTOTAL WCF, DEF 200,000 200,000 - COUNTERINTELLIGENCE & SECURITY - AGENCY........................ + OPERATION & MAINTENANCE, ANG + OPERATING FORCES + 010 AIRCRAFT OPERATIONS........... 2,497,967 2,472,967 + Delay in KC-46 aircraft [-25,000] + delivery.................. + 020 MISSION SUPPORT OPERATIONS.... 600,377 585,377 + Insufficient justification [-15,000] + 030 DEPOT PURCHASE EQUIPMENT 879,467 879,467 + MAINTENANCE.................. + 040 FACILITIES SUSTAINMENT, 400,734 400,734 + RESTORATION & MODERNIZATION.. + 050 CONTRACTOR LOGISTICS SUPPORT 1,299,089 1,299,089 + AND SYSTEM SUPPORT........... + 060 BASE SUPPORT.................. 911,775 911,775 + 070 CYBERSPACE SUSTAINMENT........ 24,742 24,742 + 080 CYBERSPACE ACTIVITIES......... 25,507 25,507 + SUBTOTAL OPERATING FORCES. 6,639,658 6,599,658 - TOTAL WORKING CAPITAL FUND..... 1,426,211 1,436,211 + ADMINISTRATION AND SERVICE- + WIDE ACTIVITIES + UNDISTRIBUTED + 090 ADMINISTRATION................ 47,215 47,215 + 100 RECRUITING AND ADVERTISING.... 40,356 40,356 + SUBTOTAL ADMINISTRATION 87,571 87,571 + AND SERVICE-WIDE + ACTIVITIES................ + 110 UNDISTRIBUTED................. -30,000 + Maintain program [-30,000] + affordability: + Overestimation of civilian + FTE targets............... + SUBTOTAL UNDISTRIBUTED.... -30,000 - CHEM AGENTS & MUNITIONS - DESTRUCTION - CHEM AGENTS & MUNITIONS - DESTRUCTION - 1 OPERATION AND MAINTENANCE...... 107,351 107,351 - 2 RESEARCH, DEVELOPMENT, TEST, 875,930 875,930 - AND EVALUATION................ - 3 PROCUREMENT.................... 2,218 2,218 - SUBTOTAL CHEM AGENTS & 985,499 985,499 - MUNITIONS DESTRUCTION......... + TOTAL OPERATION & 6,727,229 6,657,229 + MAINTENANCE, ANG......... - TOTAL CHEM AGENTS & MUNITIONS 985,499 985,499 - DESTRUCTION................... + OPERATION AND MAINTENANCE, + DEFENSE-WIDE + OPERATING FORCES + 010 JOINT CHIEFS OF STAFF......... 409,542 392,542 + Program decrease [-12,000] + unaccounted for........... + Remove one-time fiscal [-5,000] + year 2019 costs........... + 020 JOINT CHIEFS OF STAFF--CE2T2.. 579,179 579,179 + 030 JOINT CHIEFS OF STAFF--CYBER.. 24,598 24,598 + 040 SPECIAL OPERATIONS COMMAND 1,075,762 1,070,262 + COMBAT DEVELOPMENT ACTIVITIES + Classified adjustment..... [-5,500] + 050 SPECIAL OPERATIONS COMMAND 14,409 14,409 + CYBERSPACE ACTIVITIES........ + 060 SPECIAL OPERATIONS COMMAND 501,747 486,953 + INTELLIGENCE................. + DCGS--SOF - excess to need [-5,794] + Program decrease--SOCRATES [-9,000] + 070 SPECIAL OPERATIONS COMMAND 559,300 544,300 + MAINTENANCE.................. + Projected underexecution.. [-15,000] + 080 SPECIAL OPERATIONS COMMAND 177,928 177,928 + MANAGEMENT/OPERATIONAL + HEADQUARTERS................. + 090 SPECIAL OPERATIONS COMMAND 925,262 899,762 + OPERATIONAL SUPPORT.......... + Base support [-5,900] + underexecution............ + Operational support [-9,600] + underexecution............ + Unjustified growth--C4IAS [-10,000] + Saas...................... + 100 SPECIAL OPERATIONS COMMAND 2,764,738 2,250,038 + THEATER FORCES............... + Program decrease.......... [-14,700] + Realignment to OCO........ [-500,000] + SUBTOTAL OPERATING FORCES. 7,032,465 6,439,971 - DRUG INTERDICTION & CTR-DRUG - ACTIVITIES, DEF - DRUG INTERDICTION AND COUNTER - DRUG ACTIVITIES - 010 COUNTER-NARCOTICS SUPPORT...... 581,739 581,739 - SUBTOTAL DRUG INTERDICTION AND 581,739 581,739 - COUNTER DRUG ACTIVITIES....... + TRAINING AND RECRUITING + 120 DEFENSE ACQUISITION UNIVERSITY 180,250 180,250 + 130 JOINT CHIEFS OF STAFF......... 100,610 100,610 + 140 PROFESSIONAL DEVELOPMENT 33,967 33,967 + EDUCATION.................... + SUBTOTAL TRAINING AND 314,827 314,827 + RECRUITING................ - DRUG DEMAND REDUCTION PROGRAM - 020 DRUG DEMAND REDUCTION PROGRAM.. 120,922 120,922 - SUBTOTAL DRUG DEMAND REDUCTION 120,922 120,922 - PROGRAM....................... + ADMIN & SRVWIDE ACTIVITIES + 160 CIVIL MILITARY PROGRAMS....... 165,707 260,007 + IRT Increase.............. [14,300] + National Guard Youth [50,000] + Challenge Program support. + Program increase--STARBASE [30,000] + 180 DEFENSE CONTRACT AUDIT AGENCY. 627,467 627,467 + 190 DEFENSE CONTRACT AUDIT AGENCY-- 3,362 3,362 + CYBER........................ + 200 DEFENSE CONTRACT MANAGEMENT 1,438,068 1,418,068 + AGENCY....................... + Program decrease.......... [-20,000] + 210 DEFENSE CONTRACT MANAGEMENT 24,391 24,391 + AGENCY--CYBER................ + 220 DEFENSE HUMAN RESOURCES 892,438 882,438 + ACTIVITY..................... + Defense Manpower Data [-5,000] + Center--Excess Growth..... + Enterprise Operations [-5,000] + Center--Excess Growth..... + 230 DEFENSE INFORMATION SYSTEMS 2,012,885 1,992,885 + AGENCY....................... + Unjustified growth........ [-20,000] + 240 DEFENSE INFORMATION SYSTEMS 601,223 636,360 + AGENCY--CYBER................ + Sharkseer transfer........ [35,137] + 270 DEFENSE LEGAL SERVICES AGENCY. 34,632 34,632 + 280 DEFENSE LOGISTICS AGENCY...... 415,699 435,199 + Program increase--PTAP.... [19,500] + 290 DEFENSE MEDIA ACTIVITY........ 202,792 202,792 + 300 DEFENSE PERSONNEL ACCOUNTING 144,881 144,881 + AGENCY....................... + 310 DEFENSE SECURITY COOPERATION 696,884 666,884 + AGENCY....................... + Assessment, monitoring, [11,000] + and evaluation............ + Security cooperation [-11,000] + account................... + Unjustified growth........ [-30,000] + 320 DEFENSE SECURITY SERVICE...... 889,664 889,664 + 340 DEFENSE SECURITY SERVICE-- 9,220 9,220 + CYBER........................ + 360 DEFENSE TECHNICAL INFORMATION 3,000 3,000 + CENTER....................... + 370 DEFENSE TECHNOLOGY SECURITY 35,626 35,626 + ADMINISTRATION............... + 380 DEFENSE THREAT REDUCTION 568,133 568,133 + AGENCY....................... + 400 DEFENSE THREAT REDUCTION 13,339 13,339 + AGENCY--CYBER................ + 410 DEPARTMENT OF DEFENSE 2,932,226 2,912,226 + EDUCATION ACTIVITY........... + Remove one-time fiscal [-50,000] + year 2019 increase........ + Overestimation of civilian [-20,000] + FTE targets............... + Program increase--impact [10,000] + aid for children with + severe disabilites........ + Program increase--impact [40,000] + aid to schools with + military dependents....... + 420 MISSILE DEFENSE AGENCY........ 522,529 509,859 + THAAD prior year under- [-12,670] + execution................. + 450 OFFICE OF ECONOMIC ADJUSTMENT. 59,513 134,513 + Defense Community [75,000] + Infrastructure Program + (DCIP).................... + 460 OFFICE OF THE SECRETARY OF 1,604,738 1,625,738 + DEFENSE...................... + Bien Hoa dioxin cleanup... [15,000] + CDC study................. [10,000] + Emerging contaminants..... [1,000] + Excess growth............. [-37,000] + Interstate compacts for [4,000] + licensure and + credentialing............. + Military aviation safety [3,000] + commission................ + Readiness and [25,000] + Environmental Protection + Initiative increase....... + 470 OFFICE OF THE SECRETARY OF 48,783 48,783 + DEFENSE--CYBER............... + 480 SPACE DEVELOPMENT AGENCY...... 44,750 34,750 + Insufficient justification [-10,000] + 500 WASHINGTON HEADQUARTERS 324,001 296,201 + SERVICES..................... + Insufficient justification [-27,800] + 505 CLASSIFIED PROGRAMS........... 15,816,598 15,757,457 + Classified adjustment..... [-24,004] + Realignment to DISA for [-35,137] + Sharkseer................. + SUBTOTAL ADMIN & SRVWIDE 30,132,549 30,167,875 + ACTIVITIES................ - NATIONAL GUARD COUNTER-DRUG - PROGRAM - 030 NATIONAL GUARD COUNTER-DRUG 91,370 91,370 - PROGRAM....................... - SUBTOTAL NATIONAL GUARD COUNTER- 91,370 91,370 - DRUG PROGRAM.................. + TOTAL OPERATION AND 37,479,841 36,922,673 + MAINTENANCE, DEFENSE-WIDE - NATIONAL GUARD COUNTER-DRUG - SCHOOLS - 040 NATIONAL GUARD COUNTER-DRUG 5,371 5,371 - SCHOOLS....................... - SUBTOTAL NATIONAL GUARD COUNTER- 5,371 5,371 - DRUG SCHOOLS.................. + TOTAL OPERATION & -557,168 + MAINTENANCE, DEFENSE-WIDE - TOTAL DRUG INTERDICTION & CTR- 799,402 799,402 - DRUG ACTIVITIES, DEF.......... + US COURT OF APPEALS FOR ARMED + FORCES, DEF + ADMINISTRATION AND ASSOCIATED + ACTIVITIES + 010 US COURT OF APPEALS FOR THE 14,771 14,771 + ARMED FORCES, DEFENSE........ + SUBTOTAL ADMINISTRATION 14,771 14,771 + AND ASSOCIATED ACTIVITIES. - OFFICE OF THE INSPECTOR GENERAL - OFFICE OF THE INSPECTOR GENERAL - 010 OPERATION AND MAINTENANCE...... 359,022 359,022 - 020 OPERATION AND MAINTENANCE-- 1,179 1,179 - CYBER......................... - 030 RDT&E.......................... 2,965 2,965 - 040 PROCUREMENT.................... 333 333 - SUBTOTAL OFFICE OF THE 363,499 363,499 - INSPECTOR GENERAL............. + TOTAL US COURT OF APPEALS 14,771 14,771 + FOR ARMED FORCES, DEF.... - TOTAL OFFICE OF THE INSPECTOR 363,499 363,499 - GENERAL....................... + DOD ACQUISITION WORKFORCE + DEVELOPMENT FUND + ACQUISITION WORKFORCE + DEVELOPMENT + 010 ACQ WORKFORCE DEV FD.......... 400,000 400,000 + SUBTOTAL ACQUISITION 400,000 400,000 + WORKFORCE DEVELOPMENT..... - DEFENSE HEALTH PROGRAM - OPERATION & MAINTENANCE - 010 IN-HOUSE CARE.................. 9,570,615 9,570,615 - 020 PRIVATE SECTOR CARE............ 15,041,006 15,052,006 - Contraceptive cost-sharing. [11,000] - 030 CONSOLIDATED HEALTH SUPPORT.... 1,975,536 1,975,536 - 040 INFORMATION MANAGEMENT......... 2,004,588 2,004,588 - 050 MANAGEMENT ACTIVITIES.......... 333,246 333,246 - 060 EDUCATION AND TRAINING......... 793,810 793,810 - 070 BASE OPERATIONS/COMMUNICATIONS. 2,093,289 2,093,289 - SUBTOTAL OPERATION & 31,812,090 31,823,090 - MAINTENANCE................... + TOTAL DOD ACQUISITION 400,000 400,000 + WORKFORCE DEVELOPMENT + FUND..................... - RDT&E - 080 R&D RESEARCH................... 12,621 12,621 - 090 R&D EXPLORATRY DEVELOPMENT..... 84,266 84,266 - 100 R&D ADVANCED DEVELOPMENT....... 279,766 279,766 - 110 R&D DEMONSTRATION/VALIDATION... 128,055 128,055 - 120 R&D ENGINEERING DEVELOPMENT.... 143,527 143,527 - 130 R&D MANAGEMENT AND SUPPORT..... 67,219 67,219 - 140 R&D CAPABILITIES ENHANCEMENT... 16,819 16,819 - SUBTOTAL RDT&E................. 732,273 732,273 + OVERSEAS HUMANITARIAN, + DISASTER, AND CIVIC AID + HUMANITARIAN ASSISTANCE + 010 OVERSEAS HUMANITARIAN, 108,600 117,663 + DISASTER AND CIVIC AID....... + Increase for foreign [6,822] + disaster relief........... + Increase for humanitarian [2,241] + mine action program....... + SUBTOTAL HUMANITARIAN 108,600 117,663 + ASSISTANCE................ - PROCUREMENT - 150 PROC INITIAL OUTFITTING........ 26,135 26,135 - 160 PROC REPLACEMENT & 225,774 225,774 - MODERNIZATION................. - 170 PROC JOINT OPERATIONAL MEDICINE 314 314 - INFORMATION SYSTEM............ - 180 PROC MILITARY HEALTH SYSTEM-- 73,010 73,010 - DESKTOP TO DATACENTER......... - 190 PROC DOD HEALTHCARE MANAGEMENT 129,091 129,091 - SYSTEM MODERNIZATION.......... - SUBTOTAL PROCUREMENT........... 454,324 454,324 + TOTAL OVERSEAS 108,600 117,663 + HUMANITARIAN, DISASTER, + AND CIVIC AID............ + + COOPERATIVE THREAT REDUCTION + ACCOUNT + COOPERATIVE THREAT REDUCTION + 010 COOPERATIVE THREAT REDUCTION.. 338,700 358,700 + Cooperative biological [20,000] + engagement................ + SUBTOTAL COOPERATIVE 338,700 358,700 + THREAT REDUCTION.......... + + TOTAL COOPERATIVE THREAT 338,700 358,700 + REDUCTION ACCOUNT........ + + ENVIRONMENTAL RESTORATION, + ARMY + DEPARTMENT OF THE ARMY + 050 ENVIRONMENTAL RESTORATION, 207,518 212,518 + ARMY......................... + Perfluorinated chemicals.. [5,000] + SUBTOTAL DEPARTMENT OF THE 207,518 212,518 + ARMY...................... + + TOTAL ENVIRONMENTAL 207,518 290,582 + RESTORATION, ARMY........ + ENVIRONMENTAL RESTORATION, + NAVY + DEPARTMENT OF THE NAVY + 060 ENVIRONMENTAL RESTORATION, 335,932 350,932 + NAVY......................... + Perfluorinated chemicals.. [5,000] + Unexploded ordnance [10,000] + remediation............... + SUBTOTAL DEPARTMENT OF THE 335,932 350,932 + NAVY...................... - TOTAL DEFENSE HEALTH PROGRAM... 32,998,687 33,009,687 + TOTAL ENVIRONMENTAL 335,932 418,996 + RESTORATION, NAVY........ + ENVIRONMENTAL RESTORATION, AIR + FORCE + DEPARTMENT OF THE AIR FORCE + 070 ENVIRONMENTAL RESTORATION, AIR 302,744 365,808 + FORCE........................ + Perfluorinated chemicals.. [63,064] + SUBTOTAL DEPARTMENT OF THE 302,744 365,808 + AIR FORCE................. - TOTAL OTHER AUTHORIZATIONS..... 36,573,298 36,594,298 + TOTAL ENVIRONMENTAL 302,744 385,808 + RESTORATION, AIR FORCE... + + ENVIRONMENTAL RESTORATION, + DEFENSE-WIDE + 080 ENVIRONMENTAL RESTORATION, 9,105 9,105 + DEFENSE-WIDE................. + SUBTOTAL DEFENSE-WIDE..... 9,105 9,105 + + TOTAL ENVIRONMENTAL 9,105 92,169 + RESTORATION, DEFENSE-WIDE + + ENVIRONMENTAL RESTORATION + FORMERLY USED SITES + DEFENSE-WIDE + 090 ENVIRONMENTAL RESTORATION 216,499 216,499 + FORMERLY USED SITES.......... + SUBTOTAL DEFENSE-WIDE..... 216,499 216,499 + + TOTAL ENVIRONMENTAL 216,499 216,499 + RESTORATION FORMERLY USED + SITES.................... + + TOTAL OPERATION & 207,661,689 201,610,944 + MAINTENANCE.............. ------------------------------------------------------------------------ -SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS. + +SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY +OPERATIONS. + ------------------------------------------------------------------------ - SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In - Thousands of Dollars) +SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS + (In Thousands of Dollars) ------------------------------------------------------------------------- - FY 2020 Senate - Line Item Request Authorized + FY 2020 Conference + Line Item Request Authorized ------------------------------------------------------------------------ - WORKING CAPITAL FUND - WORKING CAPITAL FUND, ARMY - 020 SUPPLY MANAGEMENT--ARMY........ 20,100 20,100 - SUBTOTAL WORKING CAPITAL FUND, 20,100 20,100 - ARMY.......................... + OPERATION & MAINTENANCE, ARMY + OPERATING FORCES + 010 MANEUVER UNITS................ 1,410,874 1,671,422 + Realignment from base..... [260,548] + 030 ECHELONS ABOVE BRIGADE........ 26,502 26,502 + 040 THEATER LEVEL ASSETS.......... 2,274,490 2,259,490 + Unjustified growth........ [-15,000] + 050 LAND FORCES OPERATIONS SUPPORT 136,288 136,288 + 060 AVIATION ASSETS............... 300,240 300,240 + 070 FORCE READINESS OPERATIONS 3,415,009 4,510,009 + SUPPORT...................... + Insufficient justification [-5,000] + Realignment from base..... [1,100,000] + 080 LAND FORCES SYSTEMS READINESS. 29,985 29,985 + 090 LAND FORCES DEPOT MAINTENANCE. 86,931 86,931 + 100 BASE OPERATIONS SUPPORT....... 115,706 115,706 + 110 FACILITIES SUSTAINMENT, 72,657 72,657 + RESTORATION & MODERNIZATION.. + 130 ADDITIONAL ACTIVITIES......... 6,397,586 6,385,586 + Insufficient justification [-12,000] + 140 COMMANDER'S EMERGENCY RESPONSE 5,000 2,500 + PROGRAM...................... + Insufficient justification [-2,500] + 150 RESET......................... 1,048,896 1,048,896 + 160 US AFRICA COMMAND............. 203,174 203,174 + 170 US EUROPEAN COMMAND........... 173,676 173,676 + 200 CYBERSPACE ACTIVITIES-- 188,529 188,529 + CYBERSPACE OPERATIONS........ + 210 CYBERSPACE ACTIVITIES-- 5,682 5,682 + CYBERSECURITY................ + SUBTOTAL OPERATING FORCES. 15,891,225 17,217,273 + + MOBILIZATION + 230 ARMY PREPOSITIONED STOCKS..... 131,954 131,954 + SUBTOTAL MOBILIZATION..... 131,954 131,954 + + ADMIN & SRVWIDE ACTIVITIES + 390 SERVICEWIDE TRANSPORTATION.... 721,014 721,014 + 400 CENTRAL SUPPLY ACTIVITIES..... 66,845 66,845 + 410 LOGISTIC SUPPORT ACTIVITIES... 9,309 9,309 + 420 AMMUNITION MANAGEMENT......... 23,653 23,653 + 460 OTHER PERSONNEL SUPPORT....... 109,019 109,019 + 490 REAL ESTATE MANAGEMENT........ 251,355 251,355 + 565 CLASSIFIED PROGRAMS........... 1,568,564 1,568,564 + SUBTOTAL ADMIN & SRVWIDE 2,749,759 2,749,759 + ACTIVITIES................ + + TOTAL OPERATION & 18,772,938 20,098,986 + MAINTENANCE, ARMY........ + + OPERATION & MAINTENANCE, ARMY + RES + OPERATING FORCES + 020 ECHELONS ABOVE BRIGADE........ 20,440 20,440 + 060 FORCE READINESS OPERATIONS 689 689 + SUPPORT...................... + 090 BASE OPERATIONS SUPPORT....... 16,463 16,463 + SUBTOTAL OPERATING FORCES. 37,592 37,592 - TOTAL WORKING CAPITAL FUND..... 20,100 20,100 + TOTAL OPERATION & 37,592 37,592 + MAINTENANCE, ARMY RES.... - DRUG INTERDICTION & CTR-DRUG - ACTIVITIES, DEF - DRUG INTERDICTION AND COUNTER - DRUG ACTIVITIES - 010 COUNTER-NARCOTICS SUPPORT...... 163,596 163,596 - SUBTOTAL DRUG INTERDICTION AND 163,596 163,596 - COUNTER DRUG ACTIVITIES....... + OPERATION & MAINTENANCE, ARNG + UNDISTRIBUTED + 010 MANEUVER UNITS................ 45,896 45,896 + 020 MODULAR SUPPORT BRIGADES...... 180 180 + 030 ECHELONS ABOVE BRIGADE........ 2,982 2,982 + 040 THEATER LEVEL ASSETS.......... 548 548 + 060 AVIATION ASSETS............... 9,229 9,229 + 070 FORCE READINESS OPERATIONS 1,584 1,584 + SUPPORT...................... + 100 BASE OPERATIONS SUPPORT....... 22,063 22,063 + 120 MANAGEMENT AND OPERATIONAL 606 606 + HEADQUARTERS................. + SUBTOTAL OPERATING FORCES. 83,088 83,088 - TOTAL DRUG INTERDICTION & CTR- 163,596 163,596 - DRUG ACTIVITIES, DEF.......... + ADMIN & SRVWD ACTIVITIES + 170 SERVICEWIDE COMMUNICATIONS.... 203 203 + SUBTOTAL ADMIN & SRVWD 203 203 + ACTIVITIES................ - OFFICE OF THE INSPECTOR GENERAL - OFFICE OF THE INSPECTOR GENERAL - 010 OPERATION & MAINTENANCE........ 24,254 24,254 - SUBTOTAL OFFICE OF THE 24,254 24,254 - INSPECTOR GENERAL............. + TOTAL OPERATION & 83,291 83,291 + MAINTENANCE, ARNG........ - TOTAL OFFICE OF THE INSPECTOR 24,254 24,254 - GENERAL....................... + AFGHANISTAN SECURITY FORCES + FUND + AFGHAN NATIONAL ARMY + 090 SUSTAINMENT................... 1,313,047 1,313,047 + 100 INFRASTRUCTURE................ 37,152 37,152 + 110 EQUIPMENT AND TRANSPORTATION.. 120,868 120,868 + 120 TRAINING AND OPERATIONS....... 118,591 118,591 + SUBTOTAL AFGHAN NATIONAL 1,589,658 1,589,658 + ARMY...................... - DEFENSE HEALTH PROGRAM - OPERATION & MAINTENANCE - 010 IN-HOUSE CARE.................. 57,459 57,459 - 020 PRIVATE SECTOR CARE............ 287,487 287,487 - 030 CONSOLIDATED HEALTH SUPPORT.... 2,800 2,800 - SUBTOTAL OPERATION & 347,746 347,746 - MAINTENANCE................... + AFGHAN NATIONAL POLICE + 130 SUSTAINMENT................... 422,806 422,806 + 140 INFRASTRUCTURE................ 2,358 2,358 + 150 EQUIPMENT AND TRANSPORTATION.. 127,081 127,081 + 160 TRAINING AND OPERATIONS....... 108,112 108,112 + SUBTOTAL AFGHAN NATIONAL 660,357 660,357 + POLICE.................... - TOTAL DEFENSE HEALTH PROGRAM... 347,746 347,746 + AFGHAN AIR FORCE + 170 SUSTAINMENT................... 893,829 893,829 + 180 INFRASTRUCTURE................ 8,611 8,611 + 190 EQUIPMENT AND TRANSPORTATION.. 566,967 566,967 + 200 TRAINING AND OPERATIONS....... 356,108 356,108 + SUBTOTAL AFGHAN AIR FORCE. 1,825,515 1,825,515 + + AFGHAN SPECIAL SECURITY FORCES + 210 SUSTAINMENT................... 437,909 437,909 + 220 INFRASTRUCTURE................ 21,131 21,131 + 230 EQUIPMENT AND TRANSPORTATION.. 153,806 153,806 + 240 TRAINING AND OPERATIONS....... 115,602 115,602 + SUBTOTAL AFGHAN SPECIAL 728,448 728,448 + SECURITY FORCES........... + + UNDISTRIBUTED + 245 UNDISTRIBUTED................. -300,000 + Unjustified request....... [-300,000] + SUBTOTAL UNDISTRIBUTED.... -300,000 + + TOTAL AFGHANISTAN 4,803,978 4,503,978 + SECURITY FORCES FUND..... COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) - 010 IRAQ........................... 745,000 645,000 + 010 IRAQ.......................... 745,000 545,000 + Program decrease.......... [-100,000] Transfer to DSCA Security [-100,000] - Cooperation................ - 020 SYRIA.......................... 300,000 300,000 - SUBTOTAL COUNTER ISIS TRAIN AND 1,045,000 945,000 - EQUIP FUND (CTEF)............. + Cooperation............... + 020 SYRIA......................... 300,000 300,000 + SUBTOTAL COUNTER ISIS 1,045,000 845,000 + TRAIN AND EQUIP FUND + (CTEF).................... + + TOTAL COUNTER ISIS TRAIN 1,045,000 845,000 + AND EQUIP FUND (CTEF).... + + OPERATION & MAINTENANCE, NAVY + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT 373,047 973,047 + OPERATIONS................... + Realignment from base..... [600,000] + 030 AVIATION TECHNICAL DATA & 816 816 + ENGINEERING SERVICES......... + 040 AIR OPERATIONS AND SAFETY 9,582 9,582 + SUPPORT...................... + 050 AIR SYSTEMS SUPPORT........... 197,262 197,262 + 060 AIRCRAFT DEPOT MAINTENANCE.... 168,246 168,246 + 070 AIRCRAFT DEPOT OPERATIONS 3,594 3,594 + SUPPORT...................... + 080 AVIATION LOGISTICS............ 10,618 10,618 + 090 MISSION AND OTHER SHIP 1,485,108 1,935,108 + OPERATIONS................... + Realignment from base..... [450,000] + 100 SHIP OPERATIONS SUPPORT & 20,334 20,334 + TRAINING..................... + 110 SHIP DEPOT MAINTENANCE........ 2,365,615 2,365,615 + 130 COMBAT COMMUNICATIONS AND 58,092 58,092 + ELECTRONIC WARFARE........... + 140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000 + 150 WARFARE TACTICS............... 16,984 16,984 + 160 OPERATIONAL METEOROLOGY AND 29,382 29,382 + OCEANOGRAPHY................. + 170 COMBAT SUPPORT FORCES......... 608,870 1,008,870 + Realignment from base..... [400,000] + 180 EQUIPMENT MAINTENANCE AND 7,799 7,799 + DEPOT OPERATIONS SUPPORT..... + 200 COMBATANT COMMANDERS DIRECT 24,800 24,800 + MISSION SUPPORT.............. + 220 CYBERSPACE ACTIVITIES......... 363 363 + 240 WEAPONS MAINTENANCE........... 486,188 486,188 + 250 OTHER WEAPON SYSTEMS SUPPORT.. 12,189 12,189 + 270 SUSTAINMENT, RESTORATION AND 68,667 68,667 + MODERNIZATION................ + 280 BASE OPERATING SUPPORT........ 219,099 219,099 + SUBTOTAL OPERATING FORCES. 6,184,655 7,634,655 + + MOBILIZATION + 320 EXPEDITIONARY HEALTH SERVICES 17,580 17,580 + SYSTEMS...................... + 330 COAST GUARD SUPPORT........... 190,000 190,000 + SUBTOTAL MOBILIZATION..... 207,580 207,580 + + TRAINING AND RECRUITING + 370 SPECIALIZED SKILL TRAINING.... 52,161 52,161 + SUBTOTAL TRAINING AND 52,161 52,161 + RECRUITING................ + + ADMIN & SRVWD ACTIVITIES + 440 ADMINISTRATION................ 8,475 8,475 + 460 MILITARY MANPOWER AND 7,653 7,653 + PERSONNEL MANAGEMENT......... + 490 SERVICEWIDE TRANSPORTATION.... 70,683 70,683 + 520 ACQUISITION, LOGISTICS, AND 11,130 11,130 + OVERSIGHT.................... + 530 INVESTIGATIVE AND SECURITY 1,559 1,559 + SERVICES..................... + 645 CLASSIFIED PROGRAMS........... 17,754 17,754 + SUBTOTAL ADMIN & SRVWD 117,254 117,254 + ACTIVITIES................ + + TOTAL OPERATION & 6,561,650 8,011,650 + MAINTENANCE, NAVY........ + + OPERATION & MAINTENANCE, + MARINE CORPS + OPERATING FORCES + 010 OPERATIONAL FORCES............ 714,653 914,653 + Realignment from base..... [200,000] + 020 FIELD LOGISTICS............... 232,508 432,508 + Realignment from base..... [200,000] + 030 DEPOT MAINTENANCE............. 54,101 54,101 + 050 CYBERSPACE ACTIVITIES......... 2,000 2,000 + 070 BASE OPERATING SUPPORT........ 24,570 24,570 + SUBTOTAL OPERATING FORCES. 1,027,832 1,427,832 + + TRAINING AND RECRUITING + 120 TRAINING SUPPORT.............. 30,459 30,459 + SUBTOTAL TRAINING AND 30,459 30,459 + RECRUITING................ + + ADMIN & SRVWD ACTIVITIES + 160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400 + 225 CLASSIFIED PROGRAMS........... 5,100 5,100 + SUBTOTAL ADMIN & SRVWD 66,500 66,500 + ACTIVITIES................ + + TOTAL OPERATION & 1,124,791 1,524,791 + MAINTENANCE, MARINE CORPS + + OPERATION & MAINTENANCE, NAVY + RES + OPERATING FORCES + 020 INTERMEDIATE MAINTENANCE...... 510 510 + 030 AIRCRAFT DEPOT MAINTENANCE.... 11,628 11,628 + 080 COMBAT SUPPORT FORCES......... 10,898 10,898 + SUBTOTAL OPERATING FORCES. 23,036 23,036 + + TOTAL OPERATION & 23,036 23,036 + MAINTENANCE, NAVY RES.... + + OPERATION & MAINTENANCE, MC + RESERVE + OPERATING FORCES + 010 OPERATING FORCES.............. 7,627 7,627 + 040 BASE OPERATING SUPPORT........ 1,080 1,080 + SUBTOTAL OPERATING FORCES. 8,707 8,707 - TOTAL COUNTER ISIS TRAIN AND 1,045,000 945,000 - EQUIP FUND (CTEF)............. + TOTAL OPERATION & 8,707 8,707 + MAINTENANCE, MC RESERVE.. - TOTAL OTHER AUTHORIZATIONS..... 1,600,696 1,500,696 + OPERATION & MAINTENANCE, AIR + FORCE + OPERATING FORCES + 010 PRIMARY COMBAT FORCES......... 163,632 163,632 + 020 COMBAT ENHANCEMENT FORCES..... 1,049,170 1,449,170 + Realignment from base..... [400,000] + 030 AIR OPERATIONS TRAINING (OJT, 111,808 111,808 + MAINTAIN SKILLS)............. + 040 DEPOT PURCHASE EQUIPMENT 408,699 408,699 + MAINTENANCE.................. + 050 FACILITIES SUSTAINMENT, 147,264 147,264 + RESTORATION & MODERNIZATION.. + 060 CYBERSPACE SUSTAINMENT........ 10,061 10,061 + 070 CONTRACTOR LOGISTICS SUPPORT 953,594 953,594 + AND SYSTEM SUPPORT........... + 080 FLYING HOUR PROGRAM........... 2,495,266 3,045,266 + Realignment from base..... [550,000] + 090 BASE OPERATIONS SUPPORT....... 1,538,120 1,738,120 + Realignment from base..... [200,000] + 100 GLOBAL C3I AND EARLY WARNING.. 13,863 13,863 + 110 OTHER COMBAT OPS SPT PROGRAMS. 272,020 272,020 + 120 CYBERSPACE ACTIVITIES......... 17,657 17,657 + 130 TACTICAL INTEL AND OTHER 36,098 36,098 + SPECIAL ACTIVITIES........... + 140 LAUNCH FACILITIES............. 391 391 + 150 SPACE CONTROL SYSTEMS......... 39,990 39,990 + 160 US NORTHCOM/NORAD............. 725 725 + 170 US STRATCOM................... 926 926 + 180 US CYBERCOM................... 35,189 35,189 + 190 US CENTCOM.................... 163,015 163,015 + 200 US SOCOM...................... 19,000 19,000 + SUBTOTAL OPERATING FORCES. 7,476,488 8,626,488 + + MOBILIZATION + 240 AIRLIFT OPERATIONS............ 1,271,439 1,271,439 + 250 MOBILIZATION PREPAREDNESS..... 109,682 109,682 + SUBTOTAL MOBILIZATION..... 1,381,121 1,381,121 + + TRAINING AND RECRUITING + 260 OFFICER ACQUISITION........... 200 200 + 270 RECRUIT TRAINING.............. 352 352 + 290 SPECIALIZED SKILL TRAINING.... 26,802 26,802 + 300 FLIGHT TRAINING............... 844 844 + 310 PROFESSIONAL DEVELOPMENT 1,199 1,199 + EDUCATION.................... + 320 TRAINING SUPPORT.............. 1,320 1,320 + SUBTOTAL TRAINING AND 30,717 30,717 + RECRUITING................ + + ADMIN & SRVWD ACTIVITIES + UNDISTRIBUTED + 380 LOGISTICS OPERATIONS.......... 164,701 164,701 + 390 TECHNICAL SUPPORT ACTIVITIES.. 11,608 11,608 + 400 ADMINISTRATION................ 4,814 4,814 + 410 SERVICEWIDE COMMUNICATIONS.... 145,204 145,204 + 420 OTHER SERVICEWIDE ACTIVITIES.. 98,841 98,841 + 460 INTERNATIONAL SUPPORT......... 29,890 29,890 + 465 CLASSIFIED PROGRAMS........... 52,995 52,995 + SUBTOTAL ADMIN & SRVWD 508,053 508,053 + ACTIVITIES................ + + TOTAL OPERATION & 9,396,379 10,546,379 + MAINTENANCE, AIR FORCE... + + OPERATION & MAINTENANCE, AF + RESERVE + OPERATING FORCES + 030 DEPOT PURCHASE EQUIPMENT 24,188 24,188 + MAINTENANCE.................. + 060 BASE SUPPORT.................. 5,570 5,570 + SUBTOTAL OPERATING FORCES. 29,758 29,758 + + TOTAL OPERATION & 29,758 29,758 + MAINTENANCE, AF RESERVE.. + + OPERATION & MAINTENANCE, ANG + OPERATING FORCES + 020 MISSION SUPPORT OPERATIONS.... 3,666 3,666 + 030 DEPOT PURCHASE EQUIPMENT 66,944 66,944 + MAINTENANCE.................. + 050 CONTRACTOR LOGISTICS SUPPORT 93,620 93,620 + AND SYSTEM SUPPORT........... + 060 BASE SUPPORT.................. 12,679 12,679 + SUBTOTAL OPERATING FORCES. 176,909 176,909 + + TOTAL OPERATION & 176,909 176,909 + MAINTENANCE, ANG......... + + OPERATION AND MAINTENANCE, + DEFENSE-WIDE + OPERATING FORCES + 010 JOINT CHIEFS OF STAFF......... 21,866 21,866 + 020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634 + 040 SPECIAL OPERATIONS COMMAND 1,121,580 1,111,580 + COMBAT DEVELOPMENT ACTIVITIES + Classified adjustment..... [-10,000] + 060 SPECIAL OPERATIONS COMMAND 1,328,201 1,328,201 + INTELLIGENCE................. + 070 SPECIAL OPERATIONS COMMAND 399,845 399,845 + MAINTENANCE.................. + 090 SPECIAL OPERATIONS COMMAND 138,458 103,458 + OPERATIONAL SUPPORT.......... + Projected underexecution-- [-35,000] + communications............ + 100 SPECIAL OPERATIONS COMMAND 808,729 1,308,729 + THEATER FORCES............... + Realignment from base..... [500,000] + SUBTOTAL OPERATING FORCES. 3,825,313 4,280,313 + + ADMIN & SRVWIDE ACTIVITIES + 180 DEFENSE CONTRACT AUDIT AGENCY. 1,810 1,810 + 200 DEFENSE CONTRACT MANAGEMENT 21,723 21,723 + AGENCY....................... + 230 DEFENSE INFORMATION SYSTEMS 81,133 81,133 + AGENCY....................... + 240 DEFENSE INFORMATION SYSTEMS 3,455 3,455 + AGENCY--CYBER................ + 270 DEFENSE LEGAL SERVICES AGENCY. 196,124 196,124 + 290 DEFENSE MEDIA ACTIVITY........ 14,377 14,377 + 310 DEFENSE SECURITY COOPERATION 1,927,217 1,677,217 + AGENCY....................... + Security cooperation [-37,030] + account, unjustified + growth.................... + Transfer from CTEF Iraq... [100,000] + Transfer of funds to [-250,000] + Ukraine Security + Assistance Initiative..... + Unjustified growth........ [-62,970] + 380 DEFENSE THREAT REDUCTION 317,558 317,558 + AGENCY....................... + 410 DEPARTMENT OF DEFENSE 31,620 31,620 + EDUCATION ACTIVITY........... + 460 OFFICE OF THE SECRETARY OF 16,666 16,666 + DEFENSE...................... + 500 WASHINGTON HEADQUARTERS 6,331 6,331 + SERVICES..................... + 505 CLASSIFIED PROGRAMS........... 1,924,785 1,924,785 + SUBTOTAL ADMIN & SRVWIDE 4,542,799 4,292,799 + ACTIVITIES................ + + TOTAL OPERATION AND 8,368,112 8,573,112 + MAINTENANCE, DEFENSE-WIDE + + TOTAL OPERATION & 205,000 + MAINTENANCE, DEFENSE-WIDE + + UKRAINE SECURITY ASSISTANCE + UKRAINE SECURITY ASSISTANCE + 010 UKRAINE SECURITY ASSISTANCE 300,000 + INITIATIVE................... + Program increase.......... [50,000] + Transfer of funds from [250,000] + Defense Security + Cooperation Agency........ + SUBTOTAL UKRAINE SECURITY 300,000 + ASSISTANCE................ + + TOTAL UKRAINE SECURITY 300,000 + ASSISTANCE............... + + TOTAL OPERATION & 50,432,141 54,968,189 + MAINTENANCE.............. ------------------------------------------------------------------------ - TITLE XLVI--MILITARY CONSTRUCTION -SEC. 4601. MILITARY CONSTRUCTION. +SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS. ----------------------------------------------------------------------------------------------------------------- - SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) ------------------------------------------------------------------------------------------------------------------ - State/Country and FY 2020 Senate - Account Installation Project Title Request Authorized ----------------------------------------------------------------------------------------------------------------- -MILITARY CONSTRUCTION -ARMY - Alabama -Army Redstone Arsenal Aircraft and Flight 38,000 38,000 - Equipment Building. - Colorado -Army Fort Carson Company Operations 71,000 71,000 - Facility. - Georgia -Army Fort Gordon Cyber Instructional Fac 107,000 67,000 - (Admin/Command). -Army Hunter Army Airfield Aircraft Maintenance 62,000 62,000 - Hangar. - Hawaii -Army Fort Shafter Command and Control 60,000 60,000 - Facility, Incr 5. - Honduras -Army Soto Cano AB Aircraft Maintenance 34,000 34,000 - Hangar. - Japan -Army Kadena Air Base Vehicle Maintenance Shop. 0 15,000 + +------------------------------------------------------------------------ + SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS (In + Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Line Item Request Authorized +------------------------------------------------------------------------ + OPERATION & MAINTENANCE, NAVY + OPERATING FORCES + 270 SUSTAINMENT, RESTORATION AND 0 462,000 + MODERNIZATION................. + Earthquake damage repair... [370,000] + Navy Working Capital Fund [92,000] + earthquake recovery losses. + 280 BASE OPERATING SUPPORT......... 0 9,000 + Earthquake damage recovery. [9,000] + TOTAL OPERATION & MAINTENANCE, 0 471,000 + NAVY.......................... + + OPERATION & MAINTENANCE, MARINE + CORPS + OPERATING FORCES + 060 SUSTAINMENT, RESTORATION & 0 6,000 + MODERNIZATION................. + Earthquake damage repair... [6,000] + TOTAL OPERATION & MAINTENANCE, 0 6,000 + MARINE CORPS.................. + + OPERATION & MAINTENANCE, ANG + OPERATING FORCES + 040 FACILITIES SUSTAINMENT, 0 58,900 + RESTORATION & MODERNIZATION... + Hurricane recovery......... [58,900] + TOTAL OPERATION & MAINTENANCE, 0 58,900 + ANG........................... + + TOTAL OPERATION & MAINTENANCE.. 0 535,900 +------------------------------------------------------------------------ + + + TITLE XLIV--MILITARY PERSONNEL + +Sec. 4401. Military personnel. +Sec. 4402. Military personnel for overseas contingency operations. +SEC. 4401. MILITARY PERSONNEL. + + +------------------------------------------------------------------------ + SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Item Request Authorized +------------------------------------------------------------------------ +Military Personnel Appropriations..... 143,476,503 142,676,503 +Historical unobligated balances....... [-800,000] +Medicare-Eligible Retiree Health Fund 7,816,815 7,816,815 + Contributions........................ +------------------------------------------------------------------------ + + +SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS. + + +------------------------------------------------------------------------ + SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In + Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Item Request Authorized +------------------------------------------------------------------------ +Military Personnel Appropriations..... 4,485,808 4,485,808 + + Total, Military Personnel 4,485,808 4,485,808 + Appropriations..................... +------------------------------------------------------------------------ + + + TITLE XLV--OTHER AUTHORIZATIONS + +Sec. 4501. Other authorizations. +Sec. 4502. Other authorizations for overseas contingency operations. +SEC. 4501. OTHER AUTHORIZATIONS. + + +------------------------------------------------------------------------ + SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Program Title Request Authorized +------------------------------------------------------------------------ +WORKING CAPITAL FUND, ARMY +INDUSTRIAL OPERATIONS................. 57,467 57,467 +SUPPLY MANAGEMENT--ARMY............... 32,130 32,130 + TOTAL WORKING CAPITAL FUND, ARMY.... 89,597 89,597 + +WORKING CAPITAL FUND, AIR FORCE +TRANSPORTATION +SUPPLIES AND MATERIALS................ 92,499 92,499 + TOTAL WORKING CAPITAL FUND, AIR 92,499 92,499 + FORCE.............................. + +WORKING CAPITAL FUND, DEFENSE-WIDE +SUPPLY CHAIN MANAGEMENT--DEF.......... 49,085 49,085 + TOTAL WORKING CAPITAL FUND, DEFENSE- 49,085 49,085 + WIDE............................... + +WORKING CAPITAL FUND, DECA +WORKING CAPITAL FUND, DECA............ 995,030 995,030 + TOTAL WORKING CAPITAL FUND, DECA.... 995,030 995,030 + +WCF, DEF COUNTERINTELLIGENCE & + SECURITY AGENCY +DEFENSE COUNTERINTELLIGENCE AND 200,000 200,000 + SECURITY AGENCY...................... + TOTAL WCF, DEF COUNTERINTELLIGENCE & 200,000 200,000 + SECURITY AGENCY.................... + +CHEM AGENTS & MUNITIONS DESTRUCTION +OPERATION & MAINTENANCE............... 107,351 107,351 +RDT&E................................. 875,930 875,930 +PROCUREMENT........................... 2,218 2,218 + TOTAL CHEM AGENTS & MUNITIONS 985,499 985,499 + DESTRUCTION........................ + +DRUG INTERDICTION & CTR-DRUG + ACTIVITIES, DEF +COUNTER-NARCOTICS SUPPORT............. 581,739 532,818 + Realignment of National Guard [-30,921] + Bureau funding................... + Unjustified growth............... [-18,000] +DRUG DEMAND REDUCTION PROGRAM......... 120,922 120,922 +NATIONAL GUARD COUNTER-DRUG PROGRAM... 91,370 122,291 + Realignment of National Guard [30,921] + Bureau funding................... +NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,371 5,371 + TOTAL DRUG INTERDICTION & CTR-DRUG 799,402 781,402 + ACTIVITIES, DEF.................... + +OFFICE OF THE INSPECTOR GENERAL +OFFICE OF THE INSPECTOR GENERAL....... 359,022 359,022 +OFFICE OF THE INSPECTOR GENERAL--CYBER 1,179 1,179 +OFFICE OF THE INSPECTOR GENERAL....... 2,965 2,965 +OFFICE OF THE INSPECTOR GENERAL....... 333 333 + TOTAL OFFICE OF THE INSPECTOR 363,499 363,499 + GENERAL............................ + +DEFENSE HEALTH PROGRAM +IN-HOUSE CARE......................... 9,570,615 9,320,615 + Unjustified growth............... [-250,000] +PRIVATE SECTOR CARE................... 15,041,006 15,002,506 + Historical underexecution........ [-38,500] +CONSOLIDATED HEALTH SUPPORT........... 1,975,536 1,986,536 + Wounded Warrior Service Dog [11,000] + program.......................... +INFORMATION MANAGEMENT................ 2,004,588 1,998,938 + Historical underexecution........ [-5,650] +MANAGEMENT ACTIVITIES................. 333,246 333,246 +EDUCATION AND TRAINING................ 793,810 793,310 + Other costs excess growth........ [-3,000] + Program increase--specialized [2,500] + medical pilot program............ +BASE OPERATIONS/COMMUNICATIONS........ 2,093,289 2,093,289 +R&D RESEARCH.......................... 12,621 12,621 +R&D EXPLORATRY DEVELOPMENT............ 84,266 84,266 +R&D ADVANCED DEVELOPMENT.............. 279,766 279,766 +R&D DEMONSTRATION/VALIDATION.......... 128,055 128,055 +R&D ENGINEERING DEVELOPMENT........... 143,527 143,527 +R&D MANAGEMENT AND SUPPORT............ 67,219 67,219 +R&D CAPABILITIES ENHANCEMENT.......... 16,819 16,819 +PROC INITIAL OUTFITTING............... 26,135 26,135 +PROC REPLACEMENT & MODERNIZATION...... 225,774 225,774 +PROC JOINT OPERATIONAL MEDICINE 314 314 + INFORMATION SYSTEM................... +PROC MILITARY HEALTH SYSTEM--DESKTOP 73,010 73,010 + TO DATACENTER........................ +PROC DOD HEALTHCARE MANAGEMENT SYSTEM 129,091 129,091 + MODERNIZATION........................ + TOTAL DEFENSE HEALTH PROGRAM........ 32,998,687 32,715,037 + + TOTAL OTHER AUTHORIZATIONS.......... 36,573,298 36,271,648 +------------------------------------------------------------------------ + + +SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS. + + +------------------------------------------------------------------------ + SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In + Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Program Title Request Authorized +------------------------------------------------------------------------ +WORKING CAPITAL FUND, ARMY +INDUSTRIAL OPERATIONS +SUPPLY MANAGEMENT--ARMY............... 20,100 20,100 + TOTAL WORKING CAPITAL FUND, ARMY.... 20,100 20,100 + +DRUG INTERDICTION & CTR-DRUG + ACTIVITIES, DEF +COUNTER-NARCOTICS SUPPORT............. 163,596 163,596 + TOTAL DRUG INTERDICTION & CTR-DRUG 163,596 163,596 + ACTIVITIES, DEF.................... + +OFFICE OF THE INSPECTOR GENERAL +OFFICE OF THE INSPECTOR GENERAL....... 24,254 24,254 + TOTAL OFFICE OF THE INSPECTOR 24,254 24,254 + GENERAL............................ + +DEFENSE HEALTH PROGRAM +IN-HOUSE CARE......................... 57,459 57,459 +PRIVATE SECTOR CARE................... 287,487 287,487 +CONSOLIDATED HEALTH SUPPORT........... 2,800 2,800 + TOTAL DEFENSE HEALTH PROGRAM........ 347,746 347,746 + + TOTAL OTHER AUTHORIZATIONS.......... 555,696 555,696 +------------------------------------------------------------------------ + + + TITLE XLVI--MILITARY CONSTRUCTION + +Sec. 4601. Military construction. +Sec. 4602. Military construction for overseas contingency operations. +Sec. 4603. Military construction for emergency requirements. +SEC. 4601. MILITARY CONSTRUCTION. + + +---------------------------------------------------------------------------------------------------------------- + SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + State/Country and FY 2020 Conference + Account Installation Project Title Request Authorized +---------------------------------------------------------------------------------------------------------------- + Alabama +Army Redstone Arsenal Aircraft and Flight 38,000 38,000 + Equipment Building. + Colorado +Army Fort Carson Company Operations Facility 71,000 71,000 + Georgia +Army Fort Gordon Cyber Instructional Fac 107,000 67,000 + (Admin/Command). +Army Hunter Army Airfield Aircraft Maintenance Hangar 62,000 62,000 + Hawaii +Army Fort Shafter Command and Control 60,000 60,000 + Facility, Incr 5. + Honduras +Army Soto Cano Air Base Aircraft Maintenance Hangar 34,000 34,000 Kentucky -Army Fort Campbell General Purpose 51,000 51,000 - Maintenance Shop. -Army Fort Campbell Automated Infantry 7,100 7,100 - Platoon Battle Course. -Army Fort Campbell Easements................ 3,200 3,200 +Army Fort Campbell Automated Infantry Platoon 7,100 7,100 + Battle Course. +Army Fort Campbell Easements.................. 3,200 3,200 +Army Fort Campbell General Purpose Maintenance 51,000 51,000 + Shop. + Kwajalein +Army Kwajalein Atoll Air Traffic Control Tower 0 40,000 + and Terminal. Massachusetts -Army Soldier Systems Center Human Engineering Lab.... 50,000 50,000 - Natick +Army U.S. Army Natick Human Engineering Lab...... 50,000 50,000 + Soldier Systems + Center Michigan -Army Detroit Arsenal Substation............... 24,000 24,000 +Army Detroit Arsenal Substation................. 24,000 24,000 New York -Army Fort Drum Railhead................. 0 21,000 -Army Fort Drum Unmanned Aerial Vehicle 23,000 23,000 +Army Fort Drum Railhead................... 0 21,000 +Army Fort Drum Unmanned Aerial Vehicle 23,000 23,000 Hangar. North Carolina -Army Fort Bragg Dining Facility.......... 12,500 12,500 +Army Fort Bragg Dining Facility............ 12,500 12,500 Oklahoma -Army Fort Sill Adv Individual Training 73,000 73,000 +Army Fort Sill Adv Individual Training 73,000 73,000 Barracks Cplx, Ph2. Pennsylvania -Army Carlisle Barracks General Instruction 98,000 98,000 +Army Carlisle Barracks General Instruction 98,000 60,000 Building. South Carolina -Army Fort Jackson Reception Complex, Ph2... 54,000 54,000 +Army Fort Jackson Reception Complex, Ph2..... 54,000 54,000 Texas -Army Corpus Christi Army Powertrain Facility 86,000 86,000 +Army Corpus Christi Army Powertrain Facility 86,000 86,000 Depot (Machine Shop). -Army Fort Hood Vehicle Bridge........... 0 18,500 -Army Fort Hood Barracks................. 32,000 32,000 +Army Fort Hood Barracks................... 32,000 32,000 +Army Fort Hood Vehicle Bridge............. 0 18,500 Virginia -Army Fort Belvoir Secure Operations and 60,000 60,000 - Admin Facility. -Army Joint Base Langley- Adv Individual Training 55,000 55,000 +Army Fort Belvoir Secure Operations and Admin 60,000 60,000 + Facility. +Army Joint Base Langley- Adv Individual Training 55,000 55,000 Eustis Barracks Cplx, Ph4. Washington -Army Joint Base Lewis- Information Systems 46,000 46,000 +Army Joint Base Lewis- Information Systems 46,000 46,000 McChord Facility. Worldwide Unspecified -Army Unspecified Worldwide Unspecified Minor 70,600 70,600 - Locations Construction. -Army Unspecified Worldwide Host Nation Support...... 31,000 31,000 +Army Unspecified Worldwide Child Development Centers.. 0 27,000 Locations -Army Unspecified Worldwide Planning and Design...... 94,099 94,099 +Army Unspecified Worldwide Host Nation Support........ 31,000 31,000 Locations -Army Unspecified Worldwide Unspecified Worldwide 211,000 0 +Army Unspecified Worldwide Planning and Design........ 94,099 94,099 + Locations +Army Unspecified Worldwide Unspecified Minor 70,600 70,600 + Locations Construction. +Army Unspecified Worldwide Unspecified Worldwide 211,000 0 Locations Construction. ........................ - SUBTOTAL ARMY 1,453,499 1,256,999 + Military Construction, Army Total 1,453,499 1,270,999 ...................... -NAVY Arizona -Navy MCAS Yuma Bachelor Enlisted 0 99,600 - Quarters--2+2 - Replacement. -Navy Yuma Hangar 95 Renovation & 90,160 90,160 - Addition. +Navy Marine Corps Air Bachelor Enlisted Quarters. 0 99,600 + Station Yuma +Navy Marine Corps Air Hangar 95 Renovation & 90,160 90,160 + Station Yuma Addition. Australia -Navy Darwin Aircraft Parking Apron... 0 50,000 +Navy Darwin Aircraft Parking Apron..... 0 50,000 Bahrain Island -Navy SW Asia Electrical System Upgrade 53,360 53,360 +Navy SW Asia Electrical System Upgrade.. 53,360 0 California -Navy Camp Pendleton I MEF Consolidated 113,869 23,000 - Information Center. -Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700 +Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700 Consolidated Warehouse. -Navy China Lake Runway & Taxiway 64,500 64,500 - Extension. -Navy Coronado Aircraft Paint Complex... 0 79,000 -Navy Coronado Aircraft Paint Complex... 79,100 79,100 -Navy Coronado Navy V-22 Hangar......... 86,830 86,830 -Navy MCAS Miramar Child Development Center. 0 37,400 -Navy MCRD San Diego PMO Facility Replacement. 0 9,900 -Navy San Diego Pier 8 Replacement (Inc). 59,353 59,353 -Navy Seal Beach Missile Magazines........ 0 28,000 -Navy Seal Beach Ammunition Pier.......... 95,310 95,310 -Navy Travis AFB Alert Force Complex...... 64,000 64,000 +Navy Camp Pendleton I MEF Consolidated 113,869 38,869 + Information Center. +Navy Marine Corps Air Child Development Center... 0 37,400 + Station Miramar +Navy Naval Air Weapons Runway & Taxiway Extension. 64,500 64,500 + Station China Lake +Navy Naval Air Weapons Unspecified Military 0 0 + Station China Lake Construction--Earthquake + Damage Recovery. +Navy Naval Base Coronado Aircraft Paint Complex..... 0 79,000 +Navy Naval Base Coronado Navy V-22 Hangar........... 86,830 86,830 +Navy Naval Base San Diego Pier 8 Replacement (Inc)... 59,353 59,353 +Navy Naval Base San Diego PMO Facility Repair........ 0 9,900 +Navy Naval Weapons Station Ammunition Pier............ 95,310 60,310 + Seal Beach +Navy Naval Weapons Station Missile Magazine........... 0 28,000 + Seal Beach +Navy Travis Air Force Base Alert Force Complex........ 64,000 64,000 Connecticut -Navy New London SSN Berthing Pier 32..... 72,260 72,260 +Navy Naval Submarine Base SSN Berthing Pier 32....... 72,260 72,260 + New London District of Columbia -Navy Naval Observatory Master Time Clocks & 75,600 75,600 +Navy Naval Observatory Master Time Clocks & 75,600 20,000 Operations Fac (Inc). Florida -Navy Jacksonville Targeting & Surveillance 32,420 32,420 - Syst Prod Supp Fac. -Navy MCSF Blount Island Police Station and EOC 0 18,700 - Facility Replacement. +Navy Blount Island Police Station and EOC 0 18,700 + Facility. +Navy Naval Air Station Targeting & Surveillance 32,420 32,420 + Jacksonville Syst Prod Supp Fac. Guam -Navy Joint Region Marianas Machine Gun Range (Inc).. 91,287 91,287 -Navy Joint Region Marianas Bachelor Enlisted 164,100 20,000 - Quarters H. -Navy Joint Region Marianas EOD Compound Facilities.. 61,900 61,900 +Navy Joint Region Marianas Bachelor Enlisted Quarters 164,100 34,100 + H. +Navy Joint Region Marianas EOD Compound Facilities.... 61,900 61,900 +Navy Joint Region Marianas Machine Gun Range (Inc).... 91,287 91,287 Hawaii -Navy Kaneohe Bay Bachelor Enlisted 134,050 39,000 - Quarters. -Navy West Loch Magazine Consolidation, 53,790 53,790 - Phase 1. +Navy Marine Corps Air Bachelor Enlisted Quarters. 13,4050 65,490 + Station Kaneohe Bay +Navy Naval Ammunition Depot Magazine Consolidation, 53,790 53,790 + West Loch Phase 1. Italy -Navy Sigonella Communications Station... 77,400 77,400 +Navy Naval Air Station Communications Station..... 77,400 0 + Sigonella Japan -Navy Iwakuni VTOL Pad--South.......... 15,870 15,870 -Navy Yokosuka Pier 5 (Berths 2 and 3).. 174,692 110,000 +Navy Fleet Activities Pier 5 (Berths 2 and 3).... 17,4692 100,000 + Yokosuka +Navy Marine Corps Air VTOL Pad--South............ 15,870 15,870 + Station Iwakuni + Maryland +Navy Saint Inigoes Air Traffic Control Tower.. 0 15,000 North Carolina -Navy Camp Lejeune 2nd Radio BN Complex, 25,650 25,650 - Phase 2 (Inc). -Navy Camp Lejeune ACV-AAV Maintenance 11,570 11,570 +Navy Camp Lejeune 10th Marines Himars Complex 35,110 35,110 +Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130 + Center Replacement. +Navy Camp Lejeune 2nd Radio BN Complex, Phase 25,650 25,650 + 2 (Inc). +Navy Camp Lejeune ACV-AAV Maintenance 11,570 11,570 Facility Upgrades. -Navy Camp Lejeune 10th Marines Himars 35,110 35,110 - Complex. -Navy Camp Lejeune II MEF Operations Center 122,200 122,200 +Navy Camp Lejeune II MEF Operations Center 12,2200 92,200 Replacement. -Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130 - Center Replacement. -Navy MCAS Cherry Point Slocum Road Physical 0 52,300 - Security Compliance. -Navy MCAS Cherry Point Aircraft Maintenance 73,970 73,970 - Hangar (Inc). -Navy MCAS Cherry Point F-35 Training and 53,230 53,230 - Simulator Facility. -Navy MCAS Cherry Point ATC Tower & Airfield 61,340 61,340 - Operations. -Navy MCAS Cherry Point Flightline Utility 51,860 51,860 - Modernization (Inc). -Navy New River CH-53K Cargo Loading 11,320 11,320 - Trainer. +Navy Marine Corps Air Aircraft Maintenance Hangar 73,970 73,970 + Station Cherry Point (Inc). +Navy Marine Corps Air ATC Tower & Airfield 61,340 61,340 + Station Cherry Point Operations. +Navy Marine Corps Air F-35 Training and Simulator 53,230 53,230 + Station Cherry Point Facility. +Navy Marine Corps Air Flightline Utility 51,860 51,860 + Station Cherry Point Modernization (Inc). +Navy Marine Corps Air CH-53K Cargo Loading 11,320 11,320 + Station New River Trainer. + Pennsylvania +Navy Philadelphia Machinery Control 0 74,630 + Development Center. South Carolina -Navy MCRD Parris Island Range Safety Improvements 0 37,200 - and Modernization Phase - III, Chosin Range. +Navy Parris Island Range Improvements & 0 37,200 + Modernization Phase 3. Utah -Navy Hill AFB D5 Missile Motor Receipt/ 50,520 50,520 +Navy Hill Air Force Base D5 Missile Motor Receipt/ 50,520 50,520 Storage Fac (Inc). Virginia -Navy Portsmouth Dry Dock Flood Protection 48,930 48,930 - Improvements. -Navy Quantico Wargaming Center......... 143,350 10,000 -Navy Yorktown Nmc Ordnance Facilities 0 59,000 - Recapitalization, Phase - 1. +Navy Marine Corps Base Wargaming Center........... 143,350 33,350 + Quantico +Navy Naval Station Norfolk Mariner Skills Training 79,100 79,100 + Center. +Navy Naval Station Norfolk MH-60 & CMV-22B Corrison 0 60,000 + Control and Paint Facility. +Navy Portsmouth Naval Dry Dock Flood Protection 48,930 48,930 + Shipyard Improvements. +Navy Yorktown Naval Weapons NMC Ordnance Facilities 0 59,000 + Station Recapitalization Phase 1. Washington -Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010 +Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010 Modernization. -Navy Keyport Undersea Vehicle 25,050 25,050 +Navy Keyport Undersea Vehicle 25,050 25,050 Maintenance Facility. -Navy Kitsap Seawolf Service Pier Cost- 0 48,000 +Navy Naval Base Kitsap Seawolf Service Pier Cost- 0 48,000 to-Complete. Worldwide Unspecified -Navy Unspecified Family Housing Mitigation 0 59,600 - and Oversight. -Navy Unspecified Planning and Design...... 0 20,400 -Navy Unspecified Planning and Design...... 0 8,000 -Navy Unspecified Worldwide Unspecified Minor 81,237 81,237 - Locations Construction. -Navy Unspecified Worldwide Planning and Design...... 167,715 167,715 +Navy Unspecified Worldwide Child Development Centers.. 0 62,400 + Locations +Navy Unspecified Worldwide Planning and Design........ 167,715 167,715 Locations +Navy Unspecified Worldwide Unspecified Minor 81,237 81,237 + Locations Construction. ........................ - SUBTOTAL NAVY 2,805,743 2,884,782 + Military Construction, Navy Total 2,805,743 2,774,961 ...................... -AIR FORCE Alaska -Air Force Eielson AFB F-35 AME Storage Facility 8,600 8,600 +AF Eielson Air Force Base F-35 AME Storage Facility.. 8,600 8,600 Arkansas -Air Force Little Rock AFB C-130H/J Fuselage Trainer 47,000 47,000 - Facility. +AF Little Rock Air Force C-130H/J Fuselage Trainer 47,000 47,000 + Base Facility. +AF Little Rock Air Force Dormitory Cost-to-Complete. 0 7,000 + Base Australia -Air Force Tindal APR-RAAF Tindal/Bulk 59,000 59,000 - Storage Tanks. -Air Force Tindal APR--RAAF Tindal/Earth 11,600 11,600 +AF Tindal APR--RAAF Tindal/Earth 11,600 11,600 Covered Magazine. +AF Tindal APR-RAAF Tindal/Bulk 59,000 59,000 + Storage Tanks. California -Air Force Travis AFB MMHS Allied Support...... 0 17,000 -Air Force Travis AFB KC-46A Alter B181/B185/ 6,600 6,600 - B187 Squad Ops/AMU. -Air Force Travis AFB KC-46A Regional 19,500 19,500 - Maintenance Training - Facility. +AF Travis Air Force Base ADAL Aerial Port Squadron 0 17,000 + Materiel Warehouse. +AF Travis Air Force Base KC-46A Alter B181/B185/B187 6,600 6,600 + Squad Ops/AMU. +AF Travis Air Force Base KC-46A Regional Maintenance 19,500 19,500 + Training Facility. Colorado -Air Force Peterson AFB SOCNORTH Theater 0 54,000 - Operational Support +AF Peterson Air Force SOCNORTH Theater 0 54,000 + Base Operational Support Facility. -Air Force Schriever AFB Consolidated Space 148,000 23,000 - Operations Facility. +AF Schriever Air Force Consolidated Space 148,000 73,449 + Base Operations Facility. +AF United States Air Consolidate Cadet Prep 0 49,000 + Force Academy School Dormitory. Cyprus -Air Force RAF Akrotiri New Dormitory for 1 ERS.. 27,000 27,000 +AF Royal Air Force New Dormitory for 1 ERS.... 27,000 27,000 + Akrotiri + Georgia +AF Moody Air Force Base 41 RQS HH-60W Apron........ 0 12,500 Guam -Air Force Joint Region Marianas Munitions Storage Igloos 65,000 65,000 +AF Joint Region Marianas Munitions Storage Igloos 65,000 65,000 III. Illinois -Air Force Scott AFB Joint Operations & 100,000 90,000 - Mission Planning Center. +AF Scott Air Force Base Joint Operations & Mission 100,000 100,000 + Planning Center. Japan -Air Force Kadena Air Base Munitions Storage........ 0 7,000 -Air Force Misawa Air Base Fuel Infrastructure 0 5,300 - Resiliency. -Air Force Yokota AB Fuel Receipt & 12,400 12,400 - Distribution Upgrade. +AF Yokota Air Base Fuel Receipt & Distribution 12,400 12,400 + Upgrade. Jordan -Air Force Azraq Air Traffic Control Tower 24,000 24,000 -Air Force Azraq Munitions Storage Area... 42,000 42,000 +AF Azraq Air Traffic Control Tower.. 24,000 0 +AF Azraq Munitions Storage Area..... 42,000 0 Mariana Islands -Air Force Tinian Fuel Tanks W/ Pipeline/ 109,000 10,000 +AF Tinian Airfield Development Phase 109,000 10,000 + 1. +AF Tinian Fuel Tanks W/ Pipeline/ 109,000 10,000 Hydrant System. -Air Force Tinian Airfield Development 109,000 10,000 - Phase 1. -Air Force Tinian Parking Apron............ 98,000 98,000 +AF Tinian Parking Apron.............. 98,000 25,000 Maryland -Air Force Joint Base Andrews Presidential Aircraft 86,000 86,000 - Recap Complex Inc 3. +AF Joint Base Andrews Presidential Aircraft Recap 86,000 86,000 + Complex Inc 3. Massachusetts -Air Force Hanscom AFB MIT-Lincoln Lab (West Lab 135,000 65,000 +AF Hanscom Air Force Base MIT-Lincoln Lab (West Lab 135,000 80,000 CSL/MIF) Inc 2. Missouri -Air Force Whiteman AFB Consolidated Vehicle Ops 0 27,000 - and MX Facility. +AF Whiteman Air Force Consolidated Vehicle Ops 0 27,000 + Base and MX Facility. Montana -Air Force Malmstrom AFB Weapons Storage and 235,000 16,000 - Maintenance Facility. +AF Malmstrom Air Force Weapons Storage and 235,000 59,000 + Base Maintenance Facility. Nevada -Air Force Nellis AFB 365th ISR Group Facility. 57,000 57,000 -Air Force Nellis AFB F-35A Munitions Assembly 8,200 8,200 +AF Nellis Air Force Base 365th ISR Group Facility... 57,000 57,000 +AF Nellis Air Force Base F-35 Munitions Maintenance 0 3,100 + Facilities Cost-to- + Complete. +AF Nellis Air Force Base F-35A Munitions Assembly 8,200 8,200 Conveyor Facility. New Mexico -Air Force Holloman AFB NC3 Support Wrm Storage/ 0 20,000 - Shipping Facility. -Air Force Kirtland AFB Combat Rescue Helicopter 15,500 15,500 - Simulator (CRH) ADAL. -Air Force Kirtland AFB UH-1 Replacement Facility 22,400 22,400 +AF Holloman Air Force NC3 Support WRM Storage/ 0 20,000 + Base Shipping Facility. +AF Kirtland Air Force Combat Rescue Helicopter 15,500 15,500 + Base Simulator (CRH) ADAL. +AF Kirtland Air Force UH-1 Replacement Facility.. 22,400 22,400 + Base North Dakota -Air Force Minot AFB Helo/TRFOps/AMUFacility.. 5,500 5,500 +AF Minot Air Force Base Helo/Trfops/AMUfacility.... 5,500 5,500 Ohio -Air Force Wright-Patterson AFB ADAL Intelligence Prod. 120,900 74,000 - Complex (NASIC) Inc 2. +AF Wright-Patterson Air ADAL Intelligence Prod. 120,900 120,900 + Force Base Complex (NASIC) Inc 2. Texas -Air Force Joint Base San Antonio BMT Recruit Dormitory 8.. 110,000 17,000 -Air Force Joint Base San Antonio Aquatics Tank............ 69,000 69,000 -Air Force Joint Base San Antonio T-XA DAL Ground Based 9,300 9,300 - Trng Sys (GBTS) Sim. -Air Force Joint Base San Antonio T-XMX Trng Sys 19,000 19,000 +AF Joint Base San Antonio AFPC B-Wing................ 0 36,000 +AF Joint Base San Antonio Aquatics Tank.............. 69,000 69,000 +AF Joint Base San Antonio BMT Recruit Dormitory 8.... 110,000 110,000 +AF Joint Base San Antonio T-X ADAL Ground Based Trng 9,300 9,300 + Sys (GBTS) Sim. +AF Joint Base San Antonio T-X MX Trng Sys 19,000 19,000 Centrailized Trng Fac. United Kingdom -Air Force Royal Air Force F-35A PGM Facility....... 14,300 14,300 +AF Royal Air Force F-35A PGM Facility......... 14,300 14,300 Lakenheath Utah -Air Force Hill AFB GBSD Mission Integration 108,000 18,000 +AF Hill Air Force Base GBSD Mission Integration 108,000 33,000 Facility. -Air Force Hill AFB Joint Advanced Tactical 6,500 6,500 +AF Hill Air Force Base Joint Advanced Tactical 6,500 6,500 Missile Storage Fac. Washington -Air Force Fairchild AFB Consolidated TFI Base 31,000 31,000 - Operations. +AF Fairchild Air Force Consolidated TFI Base 31,000 31,000 + Base Operations. +AF Fairchild Air Force SERE Pipeline Dormitory 0 4,800 + Base Cost-to-Complete. Worldwide Unspecified -Air Force Unspecified Conus Military Family Housing 0 31,200 - Civilian Personnel. -Air Force Unspecified Worldwide Cost to Complete......... 0 190,000 -Air Force Unspecified Worldwide Planning and Design...... 0 40,000 -Air Force Various Worldwide Planning and Design...... 142,148 142,148 +AF Unspecified Worldwide Child Development Centers.. 0 31,500 Locations -Air Force Various Worldwide Unspecified Minor 79,682 79,682 +AF Various Worldwide Planning and Design........ 142,148 142,148 + Locations +AF Various Worldwide Unspecified Minor 79,682 79,682 Locations Construction. Wyoming -Air Force F. E. Warren AFB Consolidated Helo/TRF Ops/ 18,100 18,100 - AMU and Alert Fac. +AF F. E. Warren Air Force Consolidated Helo/TRF Ops/ 18,100 18,100 + Base AMU and Alert Fac. ........................ - SUBTOTAL AIR FORCE 2,179,230 1,718,830 + Military Construction, Air Force Total 2,179,230 1,723,579 ...................... -DEFENSE-WIDE California -Defense-Wide Beale AFB Hydrant Fuel System 33,700 33,700 +Def-Wide Beale Air Force Base Hydrant Fuel System 33,700 33,700 Replacement. -Defense-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700 +Def-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700 Clinic Replacement. -Defense-Wide Mountain View--63 RSC Install Microgrid 0 9,700 - Controller, 750 Kw PV, - and 750 Kwh Battery - Storage. -Defense-Wide NAWS China Lake Energy Storage System.... 0 8,950 -Defense-Wide NSA Monterey Cogeneration Plant at 0 10,540 - B236. - Conus Classified -Defense-Wide Classified Location Battalion Complex, Ph 3.. 82,200 82,200 +Def-Wide Mountain View--63 RSC Install Microgrid 0 9,700 + Controller, 750 Kw PV, and + 750 Kwh Battery Storage. +Def-Wide Naval Air Weapons Energy Storage System...... 0 8,950 + Station China Lake +Def-Wide NSA Monterey Cogeneration Plant at B236. 0 10,540 + CONUS Classified +Def-Wide Classified Location Battalion Complex, Ph 3.... 82,200 82,200 Florida -Defense-Wide Eglin AFB SOF Combined Squadron Ops 16,500 16,500 - Facility. -Defense-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950 +Def-Wide Eglin Air Froce Base SOF Combined Squadron Ops 16,500 16,500 Facility. -Defense-Wide Hurlburt Field SOF AMU & Weapons Hangar. 72,923 72,923 -Defense-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513 +Def-Wide Hurlburt Field SOF AMU & Weapons Hangar... 72,923 72,923 +Def-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513 Operations Facility. -Defense-Wide Key West SOF Watercraft 16,000 16,000 - Maintenance Facility. +Def-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950 + Facility. +Def-Wide Naval Air Station Key SOF Watercraft Maintenance 16,000 16,000 + West Facility. Germany -Defense-Wide Geilenkirchen AB Ambulatory Care Center/ 30,479 30,479 +Def-Wide Geilenkirchen Air Base Ambulatory Care Center/ 30,479 30,479 Dental Clinic. -Defense-Wide Ramstein Landstuhl Elementary 0 66,800 - School. +Def-Wide Ramstein Landstuhl Elementary School 0 66,800 Guam -Defense-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200 +Def-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200 Facility. -Defense-Wide NB Guam NSA Andersen Smart Grid 0 16,970 - and ICS Infrastructure. +Def-Wide Naval Base Guam NSA Anderson Smart Grid and 0 16,970 + ICS Infrustructure. Hawaii -Defense-Wide Joint Base Pearl Install 500kw Covered 0 4,000 - Harbor-hickam (JBPHH) Parking PV System & - Electric Vehicle - Charging Stations B479. -Defense-Wide Joint Base Pearl SOF Undersea Operational 67,700 67,700 +Def-Wide Joint Base Pearl Install 500kw Covered 0 4,000 + Harbor-Hickam Parking PV System & + Electric Vehicle Charging + Stations B479. +Def-Wide Joint Base Pearl SOF Undersea Operational 67,700 67,700 Harbor-Hickam Training Facility. Japan -Defense-Wide Yokosuka Kinnick High School Inc 2 130,386 10,000 -Defense-Wide Yokota AB Pacific East District 20,106 20,106 +Def-Wide Yokosuka Kinnick High School Inc 2.. 130,386 0 +Def-Wide Yokota Air Base Bulk Storage Tanks PH1..... 116,305 20,000 +Def-Wide Yokota Air Base Pacific East District 20,106 20,106 Superintendent's Office. -Defense-Wide Yokota AB Bulk Storage Tanks PH1... 116,305 21,000 - Louisiana -Defense-Wide JRB NAS New Orleans Distribution Switchgear.. 0 5,340 Maryland -Defense-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 96,900 +Def-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 33,000 Hospital Incr 3. -Defense-Wide Fort Detrick Medical Research 27,846 27,846 +Def-Wide Fort Detrick Medical Research 27,846 27,846 Acquisition Building. -Defense-Wide Fort Meade NSAW Recapitalize 426,000 426,000 - Building #3 Inc 2. -Defense-Wide NSA Bethesda Chiller 3-9 Replacement.. 0 13,840 -Defense-Wide South Potomac IH Water Project--CBIRF/ 0 18,460 +Def-Wide Fort Meade NSAW Recapitalize Building 426,000 426,000 + #3 Inc 2. +Def-Wide NSA Bethesda Chiller 3-9 Replacement.... 0 13,840 +Def-Wide South Potomac IH Water Project--CBIRF/ 0 18,460 IHEODTD/Housing. Mississippi -Defense-Wide Columbus AFB Fuel Facilities 16,800 16,800 - Replacement. +Def-Wide Columbus Air Force Fuel Facilities Replacement 16,800 16,800 + Base Missouri -Defense-Wide Fort Leonard Wood Hospital Replacement Incr 50,000 50,000 - 2. -Defense-Wide St Louis Next NGA West (N2W) 218,800 153,000 - Complex Phase 2 Inc. 2. +Def-Wide Fort Leonard Wood Hospital Replacement Incr 2 50,000 50,000 +Def-Wide St. Louis Next NGA West (N2W) Complex 218,800 118,800 + Phase 2 Inc. 2. New Mexico -Defense-Wide White Sands Missile Install Microgrid, 700kw 0 5,800 - Range PV, 150 Kw Generator, - and Batteries. +Def-Wide White Sands Missile Install Microgrid, 700kw 0 5,800 + Range PV, 150 Kw Generator, and + Batteries. North Carolina -Defense-Wide Camp Lejeune SOF Marine Raider 13,400 13,400 - Regiment HQ. -Defense-Wide Fort Bragg SOF Human Platform-Force 43,000 43,000 +Def-Wide Camp Lejeune SOF Marine Raider Regiment 13,400 13,400 + HQ. +Def-Wide Fort Bragg SOF Assessment and 12,103 12,103 + Selection Training Complex. +Def-Wide Fort Bragg SOF Human Platform-Force 43,000 43,000 Generation Facility. -Defense-Wide Fort Bragg SOF Assessment and 12,103 12,103 - Selection Training - Complex. -Defense-Wide Fort Bragg SOF Operations Support 29,000 29,000 - Bldg. +Def-Wide Fort Bragg SOF Operations Support Bldg 29,000 29,000 Oklahoma -Defense-Wide Tulsa IAP Fuels Storage Complex.... 18,900 18,900 +Def-Wide Tulsa IAP Fuels Storage Complex...... 18,900 18,900 Rhode Island -Defense-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600 +Def-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600 Replacement. South Carolina -Defense-Wide Joint Base Charleston Medical Consolidated 33,300 33,300 +Def-Wide Joint Base Charleston Medical Consolidated 33,300 33,300 Storage & Distrib Center. South Dakota -Defense-Wide Ellsworth AFB Hydrant Fuel System 24,800 24,800 - Replacement. +Def-Wide Ellsworth Air Force Hydrant Fuel System 24,800 24,800 + Base Replacement. Texas -Defense-Wide Camp Swift Install Microgrid, 650 Kw 0 4,500 - PV, & 500 Kw Generator. -Defense-Wide Fort Hood Install a Central Energy 0 16,500 +Def-Wide Camp Swift Install Microgrid, 650KW 0 4,500 + OV, & 500 KW Generator. +Def-Wide Fort Hood Install a Central Energy 0 16,500 Plant. Virginia -Defense-Wide Dam Neck SOF Demolition Training 12,770 12,770 - Compound Expansion. -Defense-Wide Def Distribution Depot Operations Center Phase 2 98,800 98,800 - Richmond -Defense-Wide Joint Expeditionary SOF NSWG-10 Operations 32,600 32,600 +Def-Wide Defense Distribution Operations Center Phase 2.. 98,800 33,000 + Depot Richmond +Def-Wide Joint Expeditionary SOF NSWG-10 Operations 32,600 32,600 Base Little Creek-- Support Facility. - Story -Defense-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004 + Fort Story +Def-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004 Base Little Creek-- Training Facility. - Story -Defense-Wide NRO Headquarters Irrigation System Upgrade 0 66 -Defense-Wide Pentagon Backup Generator......... 8,670 8,670 -Defense-Wide Pentagon Control Tower & Fire Day 20,132 20,132 + Fort Story +Def-Wide NRO Headquarters Intergration System 0 66 + Upgrades. +Def-Wide Pentagon Backup Generator........... 8,670 8,670 +Def-Wide Pentagon Control Tower & Fire Day 20,132 20,132 Station. +Def-Wide Training Center Dam SOF Demolition Training 12,770 12,770 + Neck Compound Expansion. Washington -Defense-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700 +Def-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700 McChord Facility. -Defense-Wide Naval Base Kitsap Keyport Main Substation 0 23,670 +Def-Wide Naval Base Kitsap Keyport Main Substation 0 23,670 Replacement. Wisconsin -Defense-Wide Gen Mitchell IAP POL Facilities 25,900 25,900 - Replacement. +Def-Wide Gen Mitchell IAP POL Facilities Replacement. 25,900 25,900 Worldwide Classified -Defense-Wide Classified Location Mission Support Compound. 52,000 52,000 +Def-Wide Classified Location Mission Support Compound... 52,000 52,000 Worldwide Unspecified -Defense-Wide Unspecified Worldwide Defense Community 0 100,000 - Infrastructure Program. -Defense-Wide Unspecified Worldwide Unspecified Minor 4,950 4,950 - Locations Construction. -Defense-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000 - Locations Construction. -Defense-Wide Unspecified Worldwide Planning and Design...... 29,679 29,679 - Locations -Defense-Wide Unspecified Worldwide Unspecified Minor 10,000 10,000 - Locations Construction. -Defense-Wide Unspecified Worldwide Planning and Design...... 35,472 35,472 +Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0 Locations -Defense-Wide Unspecified Worldwide Unspecified Minor 31,464 31,464 - Locations Construction. -Defense-Wide Unspecified Worldwide Energy Resilience and 150,000 150,000 +Def-Wide Unspecified Worldwide Energy Resilience and 150,000 150,000 Locations Conserv. Invest. Prog.. -Defense-Wide Unspecified Worldwide Contingency Construction. 10,000 10,000 +Def-Wide Unspecified Worldwide ERCIP Design............... 10,000 10,000 Locations -Defense-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000 +Def-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770 Locations Construction. -Defense-Wide Unspecified Worldwide Planning and Design...... 14,400 14,400 +Def-Wide Unspecified Worldwide Planning and Design........ 15,000 15,000 Locations -Defense-Wide Unspecified Worldwide ERCIP Design............. 10,000 10,000 +Def-Wide Unspecified Worldwide Planning and Design........ 29,679 29,679 Locations -Defense-Wide Unspecified Worldwide Unspecified Minor 3,228 3,228 - Locations Construction. -Defense-Wide Unspecified Worldwide Planning and Design...... 15,000 15,000 +Def-Wide Unspecified Worldwide Planning and Design........ 35,472 35,472 + Locations +Def-Wide Unspecified Worldwide Planning and Design........ 4,890 4,890 Locations -Defense-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770 +Def-Wide Unspecified Worldwide Planning and Design........ 14,400 14,400 + Locations +Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000 + Locations Construction. +Def-Wide Unspecified Worldwide Unspecified Minor 31,464 31,464 Locations Construction. -Defense-Wide Unspecified Worldwide Planning and Design...... 4,890 4,890 +Def-Wide Unspecified Worldwide Unspecified Minor 3,228 3,228 + Locations Construction. +Def-Wide Unspecified Worldwide Unspecified Minor 10,000 10,000 + Locations Construction. +Def-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000 + Locations Construction. +Def-Wide Unspecified Worldwide Unspecified Minor 4,950 4,950 + Locations Construction. +Def-Wide Various Worldwide Planning and Design........ 52,532 52,532 Locations -Defense-Wide Various Worldwide Planning and Design...... 52,532 52,532 +Def-Wide Various Worldwide Planning and Design........ 63,382 63,382 Locations -Defense-Wide Various Worldwide Planning and Design...... 27,000 27,000 +Def-Wide Various Worldwide Planning and Design........ 27,000 27,000 Locations -Defense-Wide Various Worldwide Unspecified Minor 16,736 16,736 +Def-Wide Various Worldwide Planning and Design: 0 30,000 + Locations Military Installation + Resiliency. +Def-Wide Various Worldwide Unspecified Minor 10,000 10,000 Locations Construction. -Defense-Wide Various Worldwide Unspecified Minor 10,000 10,000 +Def-Wide Various Worldwide Unspecified Minor 16,736 16,736 Locations Construction. -Defense-Wide Various Worldwide Planning and Design...... 63,382 63,382 - Locations ........................ - SUBTOTAL DEFENSE-WIDE 2,504,190 2,527,835 + Military Construction, Defense-Wide Total 2,504,190 2,267,595 + ...................... + Worldwide Unspecified +NATO NATO Security NATO Security Investment 144,040 144,040 + Investment Program Program. + ........................ + NATO Security Investment Program Total 144,040 144,040 ...................... -ARMY NATIONAL GUARD Alabama -Army National Guard Anniston Enlisted Transient 0 34,000 - Training Barracks. -Army National Guard Foley National Guard Readiness 12,000 12,000 +Army NG Anniston Army Depot Enlisted Transient Barracks 0 34,000 +Army NG Foley National Guard Readiness 12,000 12,000 Center. California -Army National Guard Camp Roberts Automated Multipurpose 12,000 12,000 +Army NG Camp Roberts Automated Multipurpose 12,000 12,000 Machine Gun Range. Idaho -Army National Guard Orchard Training Area Railroad Tracks.......... 29,000 29,000 +Army NG Orchard Combat Railroad Tracks............ 29,000 29,000 + Training Center Maryland -Army National Guard Havre de Grace Combined Support 12,000 12,000 +Army NG Havre de Grace Combined Support 12,000 12,000 Maintenance Shop. Massachusetts -Army National Guard Camp Edwards Automated Multipurpose 9,700 9,700 +Army NG Camp Edwards Automated Multipurpose 9,700 9,700 Machine Gun Range. Minnesota -Army National Guard New Ulm National Guard Vehicle 11,200 11,200 +Army NG New Ulm National Guard Vehicle 11,200 11,200 Maintenance Shop. Mississippi -Army National Guard Camp Shelby Automated Multipurpose 8,100 8,100 +Army NG Camp Shelby Automated Multipurpose 8,100 8,100 Machine Gun Range. Missouri -Army National Guard Springfield National Guard Readiness 12,000 12,000 +Army NG Springfield National Guard Readiness 12,000 12,000 Center. Nebraska -Army National Guard Bellevue National Guard Readiness 29,000 29,000 +Army NG Bellevue National Guard Readiness 29,000 29,000 Center. New Hampshire -Army National Guard Concord National Guard Readiness 5,950 5,950 +Army NG Concord National Guard Readiness 5,950 5,950 Center. New York -Army National Guard Jamaica Armory National Guard Readiness 0 20,000 +Army NG Jamaica Armory National Guard Readiness 0 91,000 Center. Pennsylvania -Army National Guard Moon Township Combined Support 23,000 23,000 +Army NG Moon Township Combined Support 23,000 23,000 Maintenance Shop. Vermont -Army National Guard Camp Ethan Allen General Instruction 0 30,000 - Building (Mountain - Warfare School). +Army NG Jericho General Instruction 0 30,000 + Builiding. Washington -Army National Guard Richland National Guard Readiness 11,400 11,400 +Army NG Richland National Guard Readiness 11,400 11,400 Center. Worldwide Unspecified -Army National Guard Unspecified Worldwide Unspecified Minor 15,000 15,000 - Locations Construction. -Army National Guard Unspecified Worldwide Planning and Design...... 20,469 20,469 +Army NG Unspecified Worldwide Planning and Design........ 20,469 20,469 Locations - ........................ - SUBTOTAL ARMY NATIONAL GUARD 210,819 294,819 - ...................... -AIR NATIONAL GUARD - California -Air National Guard Moffett Air National Fuels/Corrosion Control 0 57,000 - Guard Base (NASA) Hangar and Shops. - Georgia -Air National Guard Savannah/Hilton Head Consolidated Joint Air 24,000 24,000 - IAP Dominance Hangar/Shops. - Missouri -Air National Guard Rosecrans Memorial C-130 Flight Simulator 9,500 9,500 - Airport Facility. - Puerto Rico -Air National Guard Luis Munoz-Marin IAP Communications Facility.. 12,500 12,500 -Air National Guard Luis Munoz-Marin IAP Maintenance Hangar....... 37,500 37,500 - Wisconsin -Air National Guard Truax Field F-35 Simulator Facility.. 14,000 14,000 -Air National Guard Truax Field Fighter Alert Shelters... 20,000 20,000 - Worldwide Unspecified -Air National Guard Unspecified Worldwide Unspecified Minor 31,471 31,471 +Army NG Unspecified Worldwide Unspecified Minor 15,000 15,000 Locations Construction. -Air National Guard Various Worldwide Planning and Design...... 17,000 17,000 - Locations ........................ - SUBTOTAL AIR NATIONAL GUARD 165,971 222,971 + Military Construction, Army National Guard Total 210,819 365,819 ...................... -ARMY RESERVE Delaware -Army Reserve Dover AFB Army Reserve Center/BMA.. 21,000 21,000 +Army Res Newark Army Reserve Center/BMA.... 21,000 21,000 Wisconsin -Army Reserve Fort McCoy Transient Training 25,000 25,000 - Barracks. +Army Res Fort McCoy Transient Training Barracks 25,000 25,000 Worldwide Unspecified -Army Reserve Unspecified Worldwide Unspecified Minor 8,928 8,928 - Locations Construction. -Army Reserve Unspecified Worldwide Planning and Design...... 6,000 6,000 +Army Res Unspecified Worldwide Planning and Design........ 6,000 6,000 Locations +Army Res Unspecified Worldwide Unspecified Minor 8,928 8,928 + Locations Construction. ........................ - SUBTOTAL ARMY RESERVE 60,928 60,928 + Military Construction, Army Reserve Total 60,928 60,928 ...................... -NAVY RESERVE Louisiana -Navy Reserve New Orleans Entry Control Facility 25,260 25,260 +N/MC Res New Orleans Entry Control Facility 25,260 25,260 Upgrades. Worldwide Unspecified -Navy Reserve Unspecified Worldwide Unspecified Minor 24,915 24,915 +N/MC Res Unspecified Worldwide Planning and Design........ 4,780 4,780 + Locations +N/MC Res Unspecified Worldwide Unspecified Minor 24,915 24,915 + Locations Construction. + ........................ + Military Construction, Naval Reserve Total 54,955 54,955 + ...................... + California +Air NG Moffett Air National Fuels/Corrosion Control 0 57,000 + Guard Base Hanger and Shops. + Georgia +Air NG Savannah/Hilton Head Consolidated Joint Air 24,000 24,000 + IAP Dominance Hangar/Shops. + Missouri +Air NG Rosecrans Memorial C-130 Flight Simulator 9,500 9,500 + Airport Facility. + Puerto Rico +Air NG Luis Munoz-Marin IAP Communications Facility.... 12,500 12,500 +Air NG Luis Munoz-Marin IAP Maintenance Hangar......... 37,500 36,000 + Wisconsin +Air NG Truax Field F-35 Simulator Facility.... 14,000 14,000 +Air NG Truax Field Fighter Alert Shelters..... 20,000 20,000 + Worldwide Unspecified +Air NG Unspecified Worldwide Unspecified Minor 31,471 31,471 Locations Construction. -Navy Reserve Unspecified Worldwide Planning and Design...... 4,780 4,780 +Air NG Various Worldwide Planning and Design........ 17,000 17,000 Locations ........................ - SUBTOTAL NAVY RESERVE 54,955 54,955 + Military Construction, Air National Guard Total 165,971 221,471 ...................... -AIR FORCE RESERVE Georgia -Air Force Reserve Robins AFB Consolidated Misssion 43,000 43,000 +AF Res Robins Air Force Base Consolidated Misssion 43,000 43,000 Complex Phase 3. + Maryland +AF Res Joint Base Andrews AES Training Admin Facility 0 15,000 Minnesota -Air Force Reserve Minneapolis-St Paul Aerial Port Facility..... 0 9,800 +AF Res Minneapolis-St.paul Aerial Port Facility....... 0 9,800 IAP Worldwide Unspecified -Air Force Reserve Unspecified Worldwide Planning and Design...... 4,604 4,604 +AF Res Unspecified Worldwide Planning and Design........ 4,604 4,604 Locations -Air Force Reserve Unspecified Worldwide Unspecified Minor 12,146 12,146 +AF Res Unspecified Worldwide Unspecified Minor 12,146 12,146 Locations Construction. ........................ - SUBTOTAL AIR FORCE RESERVE 59,750 69,550 - ...................... -NATO SECURITY INVESTMENT PROGRAM - Worldwide Unspecified -NATO Security Investment NATO Security NATO Security Investment 144,040 144,040 - Program Investment Program Program. - ........................ - SUBTOTAL NATO SECURITY INVESTMENT PROGRAM 144,040 144,040 - ...................... - TOTAL MILITARY CONSTRUCTION 9,639,125 9,235,709 + Military Construction, Air Force Reserve Total 59,750 84,550 ...................... -FAMILY HOUSING -CONSTRUCTION, ARMY Germany -Construction, Army Baumholder Family Housing 29,983 29,983 - Improvements. +FH Con Army Baumholder Family Housing Improvements 29,983 29,983 Korea -Construction, Army Camp Humphreys Family Housing New 83,167 83,167 +FH Con Army Camp Humphreys Family Housing New 83,167 83,167 Construction Incr 4. Pennsylvania -Construction, Army Tobyhanna Army Depot Family Housing 19,000 19,000 - Replacement Construction. +FH Con Army Tobyhanna Army Depot Family Housing Replacement 19,000 19,000 + Construction. Worldwide Unspecified -Construction, Army Unspecified Worldwide Family Housing P & D..... 9,222 9,222 - Locations - ........................ - SUBTOTAL CONSTRUCTION, ARMY 141,372 141,372 - ...................... -O&M, ARMY - Worldwide Unspecified -O&M, Army Unspecified Worldwide Management............... 38,898 38,898 - Locations -O&M, Army Unspecified Worldwide Services................. 10,156 10,156 - Locations -O&M, Army Unspecified Worldwide Furnishings.............. 24,027 24,027 - Locations -O&M, Army Unspecified Worldwide Miscellaneous............ 484 484 - Locations -O&M, Army Unspecified Worldwide Maintenance.............. 81,065 81,065 +FH Con Army Unspecified Worldwide Family Housing P & D....... 9,222 14,222 Locations -O&M, Army Unspecified Worldwide Utilities................ 55,712 55,712 - Locations -O&M, Army Unspecified Worldwide Leasing.................. 128,938 128,938 - Locations -O&M, Army Unspecified Worldwide Housing Privitization 18,627 83,627 - Locations Support. - ........................ - SUBTOTAL O&M, ARMY 357,907 422,907 - ...................... -CONSTRUCTION, NAVY AND MARINE CORPS - Worldwide Unspecified -Construction, Navy and Unspecified Worldwide USMC DPRI/GUAM PLANNING 2,000 2,000 - Marine Corps Locations AND DESIGN. -Construction, Navy and Unspecified Worldwide Construction Improvements 41,798 41,798 - Marine Corps Locations -Construction, Navy and Unspecified Worldwide Planning & Design........ 3,863 3,863 - Marine Corps Locations ........................ - SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS 47,661 47,661 + Family Housing Construction, Army Total 141,372 146,372 ...................... -O&M, NAVY AND MARINE CORPS Worldwide Unspecified -O&M, Navy and Marine Corps Unspecified Worldwide Utilities................ 63,229 63,229 - Locations -O&M, Navy and Marine Corps Unspecified Worldwide Furnishings.............. 19,009 19,009 - Locations -O&M, Navy and Marine Corps Unspecified Worldwide Management............... 50,122 50,122 +FH Ops Army Unspecified Worldwide Furnishings................ 24,027 24,027 Locations -O&M, Navy and Marine Corps Unspecified Worldwide Miscellaneous............ 151 151 - Locations -O&M, Navy and Marine Corps Unspecified Worldwide Services................. 16,647 16,647 - Locations -O&M, Navy and Marine Corps Unspecified Worldwide Leasing.................. 64,126 64,126 - Locations -O&M, Navy and Marine Corps Unspecified Worldwide Maintenance.............. 82,611 82,611 - Locations -O&M, Navy and Marine Corps Unspecified Worldwide Housing Privatization 21,975 102,975 +FH Ops Army Unspecified Worldwide Housing Privitization 18,627 63,627 Locations Support. - ........................ - SUBTOTAL O&M, NAVY AND MARINE CORPS 317,870 398,870 - ...................... -CONSTRUCTION, AIR FORCE - Germany -Construction, Air Force Spangdahlem AB Construct Deficit 53,584 53,584 - Military Family Housing. - Worldwide Unspecified -Construction, Air Force Unspecified Worldwide Construction Improvements 46,638 46,638 - Locations -Construction, Air Force Unspecified Worldwide Planning & Design........ 3,409 3,409 - Locations - ........................ - SUBTOTAL CONSTRUCTION, AIR FORCE 103,631 103,631 - ...................... -O&M, AIR FORCE - Worldwide Unspecified -O&M, Air Force Unspecified Worldwide Housing Privatization.... 22,593 87,593 - Locations -O&M, Air Force Unspecified Worldwide Utilities................ 42,732 42,732 - Locations -O&M, Air Force Unspecified Worldwide Management............... 56,022 56,022 - Locations -O&M, Air Force Unspecified Worldwide Services................. 7,770 7,770 - Locations -O&M, Air Force Unspecified Worldwide Furnishings.............. 30,283 30,283 - Locations -O&M, Air Force Unspecified Worldwide Miscellaneous............ 2,144 2,144 - Locations -O&M, Air Force Unspecified Worldwide Leasing.................. 15,768 15,768 - Locations -O&M, Air Force Unspecified Worldwide Maintenance.............. 117,704 117,704 - Locations - ........................ - SUBTOTAL O&M, AIR FORCE 295,016 360,016 - ...................... -O&M, DEFENSE-WIDE - Worldwide Unspecified -O&M, Defense-Wide Unspecified Worldwide Utilities................ 4,100 4,100 +FH Ops Army Unspecified Worldwide Leasing.................... 128,938 128,938 Locations -O&M, Defense-Wide Unspecified Worldwide Furnishings.............. 82 82 +FH Ops Army Unspecified Worldwide Maintenance................ 81,065 135,798 Locations -O&M, Defense-Wide Unspecified Worldwide Utilities................ 13 13 +FH Ops Army Unspecified Worldwide Management................. 38,898 38,898 Locations -O&M, Defense-Wide Unspecified Worldwide Leasing.................. 12,906 12,906 +FH Ops Army Unspecified Worldwide Miscellaneous.............. 484 484 Locations -O&M, Defense-Wide Unspecified Worldwide Maintenance.............. 32 32 +FH Ops Army Unspecified Worldwide Services................... 10,156 10,156 Locations -O&M, Defense-Wide Unspecified Worldwide Furnishings.............. 645 645 - Locations -O&M, Defense-Wide Unspecified Worldwide Leasing.................. 39,222 39,222 - Locations - ........................ - SUBTOTAL O&M, DEFENSE-WIDE 57,000 57,000 - ...................... -IMPROVEMENT FUND - Worldwide Unspecified -Improvement Fund Unspecified Worldwide Administrative Expenses-- 3,045 3,045 - Locations FHIF. - ........................ - SUBTOTAL IMPROVEMENT FUND 3,045 3,045 - ...................... -UNACCMP HSG IMPROVEMENT FUND - Worldwide Unspecified -Unaccmp HSG Improvement Unspecified Worldwide Administrative Expenses-- 500 500 - Fund Locations UHIF. - ........................ - SUBTOTAL UNACCMP HSG IMPROVEMENT FUND 500 500 - ...................... - TOTAL FAMILY HOUSING 1,324,002 1,535,002 - ...................... -DEFENSE BASE REALIGNMENT AND CLOSURE -ARMY BRAC - Worldwide Unspecified -Army BRAC Base Realignment & Base Realignment and 66,111 66,111 - Closure, Army Closure. - ........................ - SUBTOTAL ARMY BRAC 66,111 66,111 - ...................... -NAVY BRAC - Worldwide Unspecified -Navy BRAC Unspecified Worldwide Base Realignment & 158,349 158,349 - Locations Closure. - ........................ - SUBTOTAL NAVY BRAC 158,349 158,349 - ...................... -AIR FORCE BRAC - Worldwide Unspecified -Air Force BRAC Unspecified Worldwide DoD BRAC Activities--Air 54,066 54,066 - Locations Force. - ........................ - SUBTOTAL AIR FORCE BRAC 54,066 54,066 - ...................... - TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 278,526 278,526 - ...................... - TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 11,241,653 11,049,237 ----------------------------------------------------------------------------------------------------------------- - -SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS. - ----------------------------------------------------------------------------------------------------------------- - SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) ------------------------------------------------------------------------------------------------------------------ - State or Country and FY 2020 Senate - Account Installation Project Title Request Authorized ----------------------------------------------------------------------------------------------------------------- -MILITARY CONSTRUCTION -ARMY - Guantanamo Bay, Cuba -Army Guantanamo Bay Naval OCO: Communications 22,000 22,000 - Station Facility. -Army Guantanamo Bay Naval OCO: High Value Detention 88,500 0 - Station Facility. -Army Guantanamo Bay Naval OCO: Detention Legal 11,800 11,800 - Station Office and Comms Ctr. - Worldwide Unspecified -Army Unspecified Worldwide EDI: Bulk Fuel Storage.... 36,000 36,000 - Locations -Army Unspecified Worldwide EDI: Information Systems 6,200 6,200 - Locations Facility. -Army Unspecified Worldwide EDI/OCO Planning and 19,498 19,498 - Locations Design. -Army Unspecified Worldwide EDI: Minor Construction... 5,220 5,220 - Locations -Army Unspecified Worldwide Unspecified Worldwide 9,200,000 0 - Locations Construction. - ......................... - SUBTOTAL ARMY 9,389,218 100,718 - ....................... -NAVY - North Carolina -Navy Camp Lejeune 1/8 BN HQ Replacement..... 0 20,635 -Navy Camp Lejeune 22nd, 24th and 26th MEU 0 31,110 - Headquarters Replacement. -Navy Camp Lejeune 2D Tank BN/CO HQ and 0 30,154 - Armory Replacement. -Navy Camp Lejeune 2D TSB HQ Replacement..... 0 17,413 -Navy Camp Lejeune Bachelor Enlisted Quarters 0 62,104 - Replacement. -Navy Camp Lejeune C-12W Aircraft Maintenance 0 36,295 - Hangar Replacement. -Navy Camp Lejeune CLB Headquarters 0 24,788 - Facilities Replacement. -Navy Camp Lejeune Courthouse Bay Fire 0 21,336 - Station Replacement. -Navy Camp Lejeune Environmental Management 0 11,658 - Division Replacement. -Navy Camp Lejeune Fire Station Replacement, 0 21,931 - Hadnot Point. -Navy Camp Lejeune Hadnot Point Mess Hall 0 66,023 - Replacement. -Navy Camp Lejeune II MEF Simulation/Training 0 74,487 - Center Replacement. -Navy Camp Lejeune LOGCOM CSP Warehouse 0 35,874 - Replacement. -Navy Camp Lejeune LSSS Facility Replacement. 0 26,815 -Navy Camp Lejeune MCAB HQ Replacement....... 0 30,109 -Navy Camp Lejeune MCCSSS Log Ops School..... 0 179,617 -Navy Camp Lejeune PMO/H&HS & MWHS-2 0 65,845 - Headquarters Replacement. -Navy Camp Lejeune Replace NCIS Facilities... 0 22,594 -Navy Camp Lejeune Replace Regimental 0 64,155 - Headquarters 2DMARDIV. -Navy Camp Lejeune Replace WTBN Headquarters. 0 18,644 -Navy MCAS Cherry Point BT-11 Range Operations 0 14,251 - Center Replacement. -Navy MCAS Cherry Point Motor Transportation/ 0 32,785 - Communication Shop - Replacement. -Navy MCAS Cherry Point Station Academic Facility/ 0 17,525 - Auditorium Replacement. - Spain -Navy Rota EDI: Joint Mobility Center 46,840 46,840 -Navy Rota EDI: In-Transit Munitions 9,960 9,960 - Facility. -Navy Rota EDI: Small Craft Berthing 12,770 12,770 - Facility. - Worldwide Unspecified -Navy Unspecified Planning & Design......... 0 50,000 -Navy Unspecified Worldwide Planning and Design....... 25,000 25,000 - Locations - ......................... - SUBTOTAL NAVY 94,570 1,070,718 - ....................... -AIR FORCE - Florida -Air Force Tyndall AFB 53 WEG Hangar............. 0 96,000 -Air Force Tyndall AFB 53 WEG HQ Facility........ 0 47,000 -Air Force Tyndall AFB 53 WEG Subscale Drone 0 53,000 - Facility. -Air Force Tyndall AFB ABM SIM................... 0 12,900 -Air Force Tyndall AFB Aerospace & Operational 0 10,400 - Physiology Facility. -Air Force Tyndall AFB AFCEC RDT&E Facilities and 0 195,000 - Gate. -Air Force Tyndall AFB Aircraft Washrack......... 0 10,600 -Air Force Tyndall AFB Civil Engineer Contracting 0 130,000 - USACE Complex. -Air Force Tyndall AFB Crash Fire Rescue......... 0 17,200 -Air Force Tyndall AFB Deployment Center / Flight 0 31,000 - Line Dining / AAFES. -Air Force Tyndall AFB Emergency Management, EOC, 0 14,400 - Alt CP. -Air Force Tyndall AFB Fire Station #2........... 0 11,000 -Air Force Tyndall AFB Fire Station Silver Flag 0 5,900 - #4. -Air Force Tyndall AFB FW AC Maintenance Fuel 0 28,000 - Cell (Barn). -Air Force Tyndall AFB Logistics Readiness 0 102,000 - Squadron Complex. -Air Force Tyndall AFB LRS Aircraft Parts & 0 29,000 - Deployable Spares Storage - Facilities. -Air Force Tyndall AFB New Lodge Facilities...... 0 176,000 -Air Force Tyndall AFB Operations Group/ 0 18,500 - Maintenance Group HQ. -Air Force Tyndall AFB OSS / RAPCON Facility..... 0 51,000 -Air Force Tyndall AFB Relocate F-22 Formal 0 150,000 - Training Unit. -Air Force Tyndall AFB SFS Mobility Storage 0 2,800 - Facility. -Air Force Tyndall AFB Silver Flag Facilities.... 0 35,000 -Air Force Tyndall AFB Special Purpose Vehicle 0 14,000 - Maintenance. -Air Force Tyndall AFB Tyndall AFB Gate Complexes 0 38,000 - Iceland -Air Force Keflavik EDI-Expand Parking Apron.. 32,000 32,000 -Air Force Keflavik EDI-Beddown Site Prep..... 7,000 7,000 -Air Force Keflavik EDI-Airfield Upgrades-- 18,000 18,000 - Dangerous Cargo Pad. - Spain -Air Force Moron EDI-Hot Cargo Pad......... 8,500 8,500 - Worldwide Unspecified -Air Force Unspecified Planning & Design......... 0 247,000 -Air Force Unspecified Worldwide EDI-Hot Cargo Pad......... 29,000 29,000 - Locations -Air Force Unspecified Worldwide EDI-MUNITIONS STORAGE AREA 39,000 39,000 - Locations -Air Force Unspecified Worldwide EDI-ECAOS DABS/FEV EMEDS 107,000 107,000 - Locations Storage. -Air Force Various Worldwide EDI-P&D................... 61,438 61,438 - Locations -Air Force Various Worldwide EDI-UMMC.................. 12,800 12,800 - Locations - ......................... - SUBTOTAL AIR FORCE 314,738 1,840,438 - ....................... -DEFENSE-WIDE - Germany -Defense-Wide Gemersheim EDI: Logistics 46,000 46,000 - Distribution Center Annex. - North Carolina -Defense-Wide Camp Lejeune Ambulatory Care Center 0 17,821 - (Camp Geiger). -Defense-Wide Camp Lejeune Ambulatory Care Center 0 27,492 - (Camp Johnson). -Defense-Wide Camp Lejeune Replace MARSOC ITC Team 0 30,000 - Facility. - Worldwide Unspecified -Defense-Wide Unspecified Worldwide 2808 Replenishment Fund... 0 3,600,000 - Locations - ......................... - SUBTOTAL DEFENSE-WIDE 46,000 3,721,313 - ....................... -ARMY NATIONAL GUARD - Florida -Army National Guard Panama City National Guard Readiness 0 25,000 - Center. - North Carolina -Army National Guard MTA Fort Fisher Administrative Building, 0 25,000 - General Purpose. - ......................... - SUBTOTAL ARMY NATIONAL GUARD 50,000 - ....................... - TOTAL MILITARY CONSTRUCTION 9,844,526 6,783,187 - ....................... - TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 9,844,526 6,783,187 ----------------------------------------------------------------------------------------------------------------- - - TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS - -SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. - ------------------------------------------------------------------------- -SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands - of Dollars) -------------------------------------------------------------------------- - FY 2020 Senate - Program Request Authorized ------------------------------------------------------------------------- -Discretionary Summary by Appropriation - Energy and Water Development and Related - Agencies - Appropriation Summary: - Energy Programs - Nuclear energy...................... 137,808 137,808 - - Atomic Energy Defense Activities - National nuclear security - administration: - Federal Salaries and Expenses..... 434,699 422,999 - Weapons activities................ 12,408,603 12,478,403 - Defense nuclear nonproliferation.. 1,993,302 1,964,202 - Naval reactors.................... 1,648,396 1,648,396 - Total, National nuclear security 16,485,000 16,514,000 - administration......................... - - Environmental and other defense - activities: - Defense environmental cleanup..... 5,506,501 5,506,501 - Other defense activities.......... 1,035,339 1,032,339 - Defense nuclear waste disposal 26,000 0 - (90M in 270 Energy).............. - Total, Environmental & other defense 6,567,840 6,538,840 - activities............................. - Total, Atomic Energy Defense Activities. 23,052,840 23,052,840 - Total, Discretionary Funding............ 23,190,648 23,190,648 - - - -Nuclear Energy - Idaho sitewide safeguards and security.. 137,808 137,808 - Total, Nuclear Energy................... 137,808 137,808 - - -Federal Salaries and Expenses - Program direction....................... 434,699 422,999 - Alignment with FTEs authorized........ [-11,700] - -Weapons Activities - Directed stockpile work - Life extension programs and major - alterations - B61 Life extension program.......... 792,611 792,611 - W76 Life extension program.......... 0 0 - W76-2 Modification program.......... 10,000 10,000 - W88 Alteration program.............. 304,186 304,186 - W80-4 Life extension program........ 898,551 898,551 - IW1................................. 0 0 - W87-1 Modification Program (formerly 112,011 112,011 - IW1)............................... - Total, Life extension programs and major 2,117,359 2,117,359 - alterations............................ - - Stockpile systems - B61 Stockpile systems............... 71,232 71,232 - W76 Stockpile systems............... 89,804 89,804 - W78 Stockpile systems............... 81,299 81,299 - W80 Stockpile systems............... 85,811 85,811 - B83 Stockpile systems............... 51,543 51,543 - W87 Stockpile systems............... 98,262 98,262 - W88 Stockpile systems............... 157,815 157,815 - Total, Stockpile systems................ 635,766 635,766 - - Weapons dismantlement and disposition - Operations and maintenance.......... 47,500 47,500 - - Stockpile services - Production support.................. 543,964 543,964 - Research and development support.... 39,339 40,339 - UFR list--technology maturation... [1,000] - R&D certification and safety........ 236,235 246,235 - UFR list--technology maturation... [10,000] - Management, technology, and 305,000 305,000 - production......................... - Total, Stockpile services............... 1,124,538 1,135,538 - - Strategic materials - Uranium sustainment................. 94,146 94,146 - Plutonium sustainment............... 0 0 - - Plutonium sustainment: - Plutonium sustainment............. 691,284 691,284 - Plutonium pit production project.. 21,156 21,156 - Total, Plutonium sustainment:........... 712,440 712,440 - - Tritium sustainment................. 269,000 269,000 - Domestic uranium enrichment......... 140,000 140,000 - Lithium sustainment................. 28,800 28,800 - Strategic materials sustainment..... 256,808 256,808 - Total, Strategic materials.............. 1,501,194 1,501,194 - Total, Directed stockpile work.......... 5,426,357 5,437,357 - - Research, development, test, and - evaluation (RDT&E) - Science - Advanced certification.............. 57,710 57,710 - Primary assessment technologies..... 95,169 95,169 - Dynamic materials properties........ 133,800 133,800 - Advanced radiography................ 32,544 32,544 - Secondary assessment technologies... 77,553 77,553 - Academic alliances and partnerships. 44,625 44,625 - Enhanced Capabilities for 145,160 145,160 - Subcritical Experiments............ - Total, Science.......................... 586,561 586,561 - - Engineering - Enhanced surety..................... 46,500 54,500 - UFR list--technology maturation... [8,000] - Weapon systems engineering 0 0 - assessment technology.............. - Delivery environments (formerly 35,945 35,945 - Weapon systems engineering - assessment technology)............. - Nuclear survivability............... 53,932 53,932 - Enhanced surveillance............... 57,747 57,747 - Stockpile Responsiveness............ 39,830 80,630 - Program expansion................. [40,800] - Total, Engineering...................... 233,954 282,754 - - - Inertial confinement fusion ignition - and high yield - Ignition and other stockpile 55,649 55,649 - programs........................... - Ignition............................ 0 0 - Support of other stockpile programs. 0 0 - Diagnostics, cryogenics and 66,128 66,128 - experimental support............... - Pulsed power inertial confinement 8,571 8,571 - fusion............................. - Joint program in high energy density 12,000 12,000 - laboratory plasmas................. - Facility operations and target 338,247 338,247 - production......................... - Total, Inertial confinement fusion and 480,595 480,595 - high yield............................. - - Advanced simulation and computing - Advanced simulation and computing... 789,849 789,849 - Construction: - 18-D-670, Exascale Class Computer 0 0 - Cooling Equipment, LANL.......... - 18-D-620, Exascale Computing 50,000 50,000 - Facility Modernization Project, - LLNL............................. - Total, Construction..................... 50,000 50,000 - Total, Advanced simulation and computing 839,849 839,849 - - Advanced manufacturing development - Additive manufacturing.............. 18,500 18,500 - Component manufacturing development. 48,410 58,410 - UFR list--technology maturation... [10,000] - Process technology development...... 69,998 69,998 - Total, Advanced manufacturing 136,908 146,908 - development............................ - - Total, RDT&E............................ 2,277,867 2,336,667 - - Infrastructure and operations - Operating - Operations of facilities - Operations of facilities.......... 905,000 905,000 - Safety and environmental operations. 119,000 119,000 - Maintenance and repair of facilities 456,000 456,000 - Recapitalization - Infrastructure and safety......... 447,657 447,657 - Capability based investments...... 135,341 135,341 - Total, Recapitalization................. 582,998 582,998 - Total, Operating....................... 2,062,998 2,062,998 - - Construction: - 19-D-670, 138kV Power Transmission 6,000 6,000 - System Replacement, NNSS........... - 18-D-660, Fire Station, Y-12........ 0 0 - 18-D-650, Tritium Production 27,000 27,000 - Capability, SRS.................... - 18-D-680, Materials staging 0 0 - facility, PX....................... - 18-D-690, Lithium production 0 0 - capability, Y-12................... - 18-D-690, Lithium processing 32,000 32,000 - facility, Y-12 (formerly Lithium - production capability)............. - 17-D-640, U1a Complex Enhancements 35,000 35,000 - Project, NNSS...................... - 17-D-630, Expand Electrical 0 0 - Distribution System, LLNL.......... - 16-D-515, Albuquerque complex 0 0 - project............................ - 15-D-613, Emergency Operations 0 0 - Center, Y-12....................... - 15-D-612, Emergency Operations 5,000 5,000 - Center, LLNL....................... - 15-D-611, Emergency Operations 4,000 4,000 - Center, SNL........................ - 15-D-301 HE Science & Engineering 123,000 123,000 - Facility, PX....................... - 07-D-220, Radioactive liquid waste 0 0 - treatment facility upgrade project, - LANL............................... - 07-D-220-04, Transuranic liquid 0 0 - waste facility, LANL............... - 06-D-141, Uranium processing 745,000 745,000 - facility Y-12, Oak Ridge, TN....... - - - Chemistry and metallurgy research - replacement (CMRR) - 04-D-125, Chemistry and metallurgy 168,444 168,444 - research replacement project, - LANL............................. - 04-D-125-04, RLUOB equipment 0 0 - installation..................... - 04-D-125-05, PF -4 equipment 0 0 - installation..................... - Total, Chemistry and metallurgy research 168,444 168,444 - replacement (CMRR)..................... - Total, Construction..................... 1,145,444 1,145,444 - Total, Infrastructure and operations.... 3,208,442 3,208,442 - - Secure transportation asset - Operations and equipment.............. 209,502 209,502 - Program direction..................... 107,660 107,660 - Total, Secure transportation asset...... 317,162 317,162 - - Defense nuclear security................ 0 - Operations and maintenance............ 778,213 778,213 - Security improvements program......... 0 0 - Construction:......................... 0 - 17-D-710, West end protected area 0 0 - reduction project, Y-12............ - Total, Defense nuclear security......... 778,213 778,213 - - Information technology and cybersecurity 309,362 309,362 - Legacy contractor pensions.............. 91,200 91,200 - Subtotal, Weapons activities............ 12,408,603 12,478,403 - - Adjustments - Use of prior year balances............ 0 0 - Total, Adjustments...................... 0 0 - Total, Weapons Activities............... 12,408,603 12,478,403 - - -Defense Nuclear Nonproliferation - Defense Nuclear Nonproliferation - Programs - Material management and minimization - HEU reactor conversion.............. 114,000 114,000 - Nuclear material removal............ 32,925 32,925 - Material disposition................ 186,608 186,608 - Laboratory and partnership support.. 0 0 - Total, Material management & 333,533 333,533 - minimization........................... - Global material security - International nuclear security...... 48,839 48,839 - Domestic radiological security...... 90,513 90,513 - International radiological security. 60,827 60,827 - Nuclear smuggling detection and 142,171 142,171 - deterrence......................... - Total, Global material security......... 342,350 342,350 - - Nonproliferation and arms control..... 137,267 137,267 - Defense nuclear nonproliferation R&D - Proliferation detection............. 304,040 284,540 - Nonproliferation Stewardship [-19,500] - program strategic plan........... - Nuclear detonation detection........ 191,317 191,317 - Nonproliferation fuels development.. 0 0 - Total, Defense Nuclear Nonproliferation 495,357 475,857 - R&D.................................... - - Nonproliferation construction - U. S. Construction: - 18-D-150 Surplus Plutonium 79,000 79,000 - Disposition Project.............. - 99-D-143, Mixed Oxide (MOX) Fuel 220,000 220,000 - Fabrication Facility, SRS........ - Total, U. S. Construction:.............. 299,000 299,000 - Total, Nonproliferation construction.... 299,000 299,000 - Total, Defense Nuclear Nonproliferation 1,607,507 1,588,007 - Programs............................... - - Legacy contractor pensions.............. 13,700 13,700 - - Nuclear counterterrorism and incident - response program - Nuclear counterterrorism and incident 0 0 - response............................. - Emergency Operations.................. 35,545 25,945 - Non-defense function realignment.... [-9,600] - Counterterrorism and 336,550 336,550 - Counterproliferation................. - Total, Nuclear counterterrorism and - incident response - program................................. 372,095 362,495 - Subtotal, Defense Nuclear 1,993,302 1,964,202 - Nonproliferation....................... - Adjustments - Use of prior year balances............ 0 0 - Total, Adjustments...................... 0 0 - Subtotal, Defense Nuclear 1,993,302 1,964,202 - Nonproliferation....................... - - Rescission - Rescission of prior year balances..... 0 0 - Rescission of prior year balances 0 0 - (Gen. Prov.)......................... - Total, Defense Nuclear Nonproliferation. 1,993,302 1,964,202 - - -Naval Reactors - Naval reactors development.............. 531,205 531,205 - Columbia-Class reactor systems 75,500 75,500 - development............................ - S8G Prototype refueling................. 155,000 155,000 - Naval reactors operations and 553,591 553,591 - infrastructure......................... - Program direction....................... 50,500 50,500 - Construction: - 20-D-931, KL Fuel development 23,700 23,700 - laboratory........................... - 19-D-930, KS Overhead Piping.......... 20,900 20,900 - 17-D-911, BL Fire System Upgrade...... 0 0 - 15-D-904, NRF Overpack Storage 0 0 - Expansion 3.......................... - 15-D-903, KL Fire System Upgrade...... 0 0 - 14-D-901, Spent fuel handling 238,000 238,000 - recapitalization project, NRF........ - Total, Construction..................... 282,600 282,600 - Transfer to NE--Advanced Test Reactor ( 0) ( 0) - (non-add).............................. - Total, Naval Reactors................... 1,648,396 1,648,396 - - -Defense Environmental Cleanup - Closure sites: - Closure sites administration.......... 4,987 4,987 - Richland: - River corridor and other cleanup - operations: - River corridor and other cleanup 139,750 139,750 - operations......................... - Central plateau remediation: - Central plateau remediation......... 472,949 472,949 - Total, Central plateau remediation...... 472,949 472,949 - Richland community and regulatory 5,121 5,121 - support.............................. - - Construction: - 18-D-404 WESF Modifications and 11,000 11,000 - Capsule Storage.................... - Total, Construction..................... 11,000 11,000 - Total, Richland......................... 628,820 628,820 - - Office of River Protection: - Waste Treatment Immobilization Plant 15,000 15,000 - Commissioning........................ - Rad liquid tank waste stabilization 677,460 677,460 - and disposition...................... - Construction: - 18-D-16 Waste treatment and 640,000 640,000 - immobilization plant -LBL/Direct - feed LAW......................... - 15-D-409 Low activity waste 0 0 - pretreatment system, ORP......... - 01-D-16 D, High-level waste 30,000 30,000 - facility......................... - 01-D-16 E, Pretreatment Facility.. 20,000 20,000 - Total, Construction..................... 690,000 690,000 - - ORP Low-level waste offsite disposal.. 10,000 10,000 - Total, Office of River protection....... 1,392,460 1,392,460 - - Idaho National Laboratory: - Idaho cleanup and waste disposition... 331,354 331,354 - ID Excess facilities R&D.............. 0 0 - Idaho community and regulatory support 3,500 3,500 - Total, Idaho National Laboratory........ 334,854 334,854 - - NNSA sites and Nevada off-sites - Lawrence Livermore National Laboratory 1,727 1,727 - LLNL Excess facilities R&D............ 128,000 128,000 - Nuclear facility D & D Separations 15,300 15,300 - Process Research Unit................ - Nevada................................ 60,737 60,737 - Sandia National Laboratories.......... 2,652 2,652 - Los Alamos National Laboratory........ 195,462 195,462 - Total, NNSA sites and Nevada off-sites.. 403,878 403,878 - - Oak Ridge Reservation: - OR Nuclear facility D & D............. 93,693 93,693 - OR Excess facilities R&D.............. 0 0 - U233 Disposition Program.............. 45,000 45,000 - OR cleanup and waste disposition - OR cleanup and waste disposition.... 82,000 82,000 - Subtotal, OR cleanup and waste 82,000 82,000 - disposition............................ - - Construction: - 17-D-401 On-site waste disposal 15,269 15,269 - facility......................... - 14-D-403 Outfall 200 Mercury 49,000 49,000 - Treatment Facility............... - Total, Construction..................... 64,269 64,269 - Total, OR cleanup and waste disposition. 146,269 146,269 - - OR community & regulatory support..... 4,819 4,819 - OR technology development and 3,000 3,000 - deployment........................... - Total, Oak Ridge Reservation............ 292,781 292,781 - - Savannah River Sites: - Savannah River risk management - operations: - Savannah River risk management 490,613 490,613 - operations......................... - Construction: - 18-D-402, Emergency Operations 6,792 6,792 - Center Replacement, SR........... - Total, Savannah River risk management 497,405 497,405 - operations............................. - - SR community and regulatory support... 4,749 4,749 - Radioactive liquid tank waste: - Radioactive liquid tank waste 797,706 797,706 - stabilization and disposition...... - Construction: - 20-D-402 Advanced Manufacturing 50,000 50,000 - Collaborative Facility (AMC)..... - 20-D-401 Saltstone Disposal Unit 500 500 - #10, 11, 12...................... - 19-D-701 SR Security system 0 0 - replacement...................... - 18-D-402,Saltstone disposal unit 51,750 51,750 - #8/9............................. - 17-D-402--Saltstone Disposal Unit 40,034 40,034 - #7............................... - 05-D-405 Salt waste processing 20,988 20,988 - facility, SRS.................... - Total, Construction..................... 163,272 163,272 - Total, Radioactive liquid tank waste.... 960,978 960,978 - Total, Savannah River Site.............. 1,463,132 1,463,132 - - Waste Isolation Pilot Plant - Waste Isolation Pilot Plant........... 299,088 299,088 - Construction: - 15-D-411 Safety significant 58,054 58,054 - confinement ventilation system, - WIPP............................... - 15-D-412 Exhaust shaft, WIPP........ 34,500 34,500 - Total, Construction..................... 92,554 92,554 - Total, Waste Isolation Pilot Plant...... 391,642 391,642 - - Program direction....................... 278,908 278,908 - Program support......................... 12,979 12,979 - Safeguards and Security................. 317,622 317,622 - Technology development.................. 0 0 - Use of prior year balances.............. 0 0 - Subtotal, Defense environmental cleanup. 5,522,063 5,522,063 - - Rescission: - Rescission of prior year balances..... -15,562 -15,562 - Rescission of prior year balances 0 0 - (Gen. Prov.)......................... - Total, Defense Environmental Cleanup.... 5,506,501 5,506,501 - - -Other Defense Activities - Environment, health, safety and security - Environment, health, safety and 139,628 139,628 - security............................. - Program direction..................... 72,881 72,881 - Total, Environment, Health, safety and 212,509 212,509 - security............................... - - Independent enterprise assessments - Independent enterprise assessments.... 24,068 24,068 - Program direction..................... 57,211 54,211 - Non-defense function realignment.... [-3,000] - Total, Independent enterprise 81,279 78,279 - assessments............................ - - Specialized security activities......... 254,578 254,578 - Office of Legacy Management - Legacy management..................... 283,767 283,767 - Program direction..................... 19,262 19,262 - Total, Office of Legacy Management...... 303,029 303,029 - - Defense related administrative support - Chief financial officer............... 54,538 54,538 - Chief information officer............. 124,554 124,554 - Total, Defense related administrative 179,092 179,092 - support................................ - - Office of hearings and appeals.......... 4,852 4,852 - Subtotal, Other defense activities...... 1,035,339 1,032,339 - Use of prior year balances (HA)......... 0 0 - Total, Other Defense Activities......... 1,035,339 1,032,339 - - -Defense Nuclear Waste Disposal - Yucca mountain and interim storage...... 26,000 0 - Total, Defense Nuclear Waste............ 26,000 0 ------------------------------------------------------------------------- - - DIVISION E--ADDITIONAL PROVISIONS - - TITLE LI--PROCUREMENT - -SEC. 5101. BRIEFING ON PLANS TO INCREASE READINESS OF B-1 BOMBER - AIRCRAFT. - - (a) In General.--Not later than January 31, 2020, the Secretary of -the Air Force shall provide the congressional defense committees a -briefing on the Air Force's plans to increase the readiness of the B-1 -bomber aircraft. - (b) Elements.--The briefing required under subsection (a) shall -include the following elements: - (1) A description of aircraft structural issues. - (2) A plan for continued structural deficiency data - analysis and training. - (3) Projected repair timelines. - (4) Future mitigation strategies. - (5) An aircrew maintainer training plan, including a plan - to ensure that the training pipeline remains steady, for any - degradation period. - (6) A recovery timeline to meet future deployment tasking. - (7) A plan for continued upgrades and improvements. - -SEC. 5126. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL COMBAT - SHIP. - - (a) Limitation.--The text of subsection (a) of section 126 is -hereby deemed to read as follows: - ``(a) Limitations.--None of the funds authorized to be appropriated -by this Act for fiscal year 2020 for the Department of Defense may be -used to exceed, and the Department may not otherwise exceed, the total -procurement quantity of thirty-five Littoral Combat Ships, unless the -Under Secretary of Defense for Acquisition and Sustainment submits to -the congressional defense committees the certifications described in -subsection (b).''. - (b) Definition.--Subsection (c) of section 126 shall have no force -or effect. - -SEC. 5151. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICATIONS - SYSTEMS LACKING CERTAIN RESILIENCY FEATURES. - - The text of subsection (a) of section 151 preceding paragraph (1) -is hereby deemed to read as follows: - ``(a) In General.--Except as provided under subsection (b), none of -the funds authorized to be appropriated by this Act for fiscal year -2020 for the Department of Defense may be used for the procurement of a -current or future Department of Defense communications program of -records, and the Department may not otherwise procure a current or -future communications program of record, unless the communications -equipment--''. - - TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION - -SEC. 5201. ENERGETICS PLAN. - - (a) Plan Required.--The Under Secretary of Defense for Research and -Engineering shall, in coordination with the technical directors at -defense laboratories and such other officials as the Under Secretary -considers appropriate, develop an energetics research and development -plan to ensure a long-term multi-domain research, development, -prototyping, and experimentation effort that-- - (1) maintains United States technological superiority in - energetics technology critical to national security; - (2) efficiently develops new energetics technologies and - transitions them into operational use, as appropriate; and - (3) maintains a robust industrial base and workforce to - support Department of Defense requirements for energetic - materials. - (b) Briefing.--Not later than one year after the date of the -enactment of this Act, the Under Secretary shall brief the -congressional defense committees on the plan developed under subsection -(a). - -SEC. 5202. AMENDMENTS TO RESEARCH PROJECT TRANSACTION AUTHORITIES TO - ELIMINATE COST-SHARING REQUIREMENTS AND REDUCE BURDENS ON - USE. - - (a) Cooperative Agreements for Research Projects.--Section 2371(e) -of title 10, United States Code, is amended-- - (1) by striking paragraph (2); - (2) by striking paragraph (1)(B); - (3) in paragraph (1)(A), by striking ``; and'' and - inserting a period; and - (4) by striking ``(e) Conditions.--(1) The Secretary of - Defense'' and all that follows through ``(A) to the maximum - extent practicable'' and inserting ``(e) Conditions.--The - Secretary of Defense, to the maximum extent practicable''. - (b) Conforming Amendment.--Section 2371b(b) of title 10, United -States Code, is amended by striking ``(b) Exercise of Authority.--'' -and all that follows through ``(2) To the maximum extent practicable'' -and inserting ``(b) Exercise of Authority.--To the maximum extent -practicable''. - -SEC. 5203. COMPARATIVE CAPABILITIES OF ADVERSARIES IN ARTIFICIAL - INTELLIGENCE. - - (a) Expansion of Duties of Official With Principal Responsibility -for Coordination of Activities Relating to Development and -Demonstration of Artificial Intelligence.--Section 238(c)(2)(I) of the -John S. McCain National Defense Authorization Act for Fiscal Year 2019 -(Public Law 115-232) is amended-- - (1) in clause (i), by striking ``; and'' and inserting a - semicolon; - (2) in clause (ii), by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following new clause: - ``(iii) that appropriate entities in the - Department are reviewing all open sources - publications from both the United States and - outside the United States that contribute, - impact, or advance artificial intelligence - research and development.''. - (b) Analysis of Comparative Capabilities of China in Artificial -Intelligence.--The Secretary of Defense shall provide the congressional -defense committees with an analysis and briefing that includes the -following: - (1) A comprehensive and national-level-- - (A) comparison of public and private investment - differentiated by sector and industry; - (B) review of current trends in ability to set and - determine global standards and norms for artificial - intelligence technology in national security, including - efforts in international standard setting bodies; - (C) assessment of access to artificial intelligence - technology in national security; and - (D) assessment of areas and activities in which the - Unites States should invest in order to provide the - United States with technical superiority over China in - relevant areas of artificial intelligence. - (2) A comprehensive assessment of relative technical - quality of activities in the United States and China. - (3) A comprehensive assessment of the likelihood that - developments in artificial intelligence will successfully - transition into military systems of China. - (4) Predicted effects on United States national security if - current trends in China and the United States continue. - (5) Predicted effects of current trends on digital and - technology export relationships of both countries with existing - and new trading partners. - (6) Assessment of the relationships that are critical and - in need of development in both private and public sector to - ensure investment in artificial intelligence to keep pace with - current global trends. - -SEC. 5204. ADDITIONAL AMOUNTS FOR RESEARCH, DEVELOPMENT, TEST, AND - EVALUATION. - - (a) Additional Amount for Workforce Transformation Cyber Initiative -Pilot Program.--The amount authorized to be appropriated for fiscal -year 2020 by section 201 for research, development, test, and -evaluation is hereby increased by $25,000,000, with the amount of the -increase to be available for Information Systems Security Program (PE -0303140D8Z) for the National Security Agency National Cryptologic -School for cybersecurity and artificial intelligence curriculum -development and establishment of a pilot program to enable workforce -transformation certificate-based courses that are developed through -this effort and then offered by Center of Academic Excellence -Universities. - (b) Additional Amount for Research on Advanced Digital Radar -Systems.--The amount authorized to be appropriated for fiscal year 2020 -by section 201 for Navy research, development, test, and evaluation is -hereby increased by $5,000,000, with the amount of the increase to be -available for University Research Initiatives (PE 0601103N) for -continued research on advanced digital radar systems to meet the -evolving goals of the Department of Defense to improve threat detection -at greater stand-off distances. - (c) Offset.--The amount authorized to be appropriated for fiscal -year 2020 by section 1405 for Defense Health Program is hereby -decreased by $30,000,000, with the amount of the decrease to be taken -from the amount made available for procurement of the Department of -Defense Healthcare Management System Modernization. - -SEC. 5205. BRIEFING ON EXPLAINABLE ARTIFICIAL INTELLIGENCE. - - (a) Briefing Required.--Not later than 180 days after the date of -the enactment of this Act, the Secretary of Defense shall brief the -congressional defense committees on the development and applications of -explainable artificial intelligence. - (b) Elements.--The briefing required under subsection (a) shall -address the following: - (1) The extent to which the Department of Defense currently - uses and prioritizes explainable artificial intelligence. - (2) The limitations of explainable artificial intelligence - and the plans of the Department to address those limitations. - (3) The future plans of the Department to require - explainable artificial intelligence, particularly in - technologies that have warfighting applications. - (4) Any potential roadblocks to the effective deployment of - explainable artificial intelligence across the Department. - (5) Identification and description of programs and - activities, including funding and schedule, to develop or - procure explainable artificial intelligence to meet defense - requirements and technology development goals. - (6) Such other matters as the Secretary considers - appropriate. - (c) Form of Briefing.--The briefing required under subsection (a) -shall be provided in unclassified form, but may include a classified -supplement. - (d) Definition of Explainable Artificial Intelligence.--In this -section, the term `` explainable artificial intelligence'' means -artificial intelligence that has the ability to demonstrate the -rationale behind its decisions in order for its human user to -comprehend and characterize the strengths and weaknesses of its -decisionmaking process, as well as understand how it will behave in the -future in the contexts in which it is used. - -SEC. 5206. ADMINISTRATION OF CENTERS FOR MANUFACTURING INNOVATION - FUNDED BY THE DEPARTMENT OF DEFENSE. - - (a) In General.--The Secretary of Defense shall make such changes -to the administration of covered centers so as-- - (1) to encourage covered centers to leverage existing - workforce development programs across the Federal Government - and State governments in order to build successful workforce - development programs; - (2) to develop metrics to evaluate the workforce - development performed by the covered centers, including metrics - on job quality, career pathways, wages and benefits, and - efforts to support veterans, and progress in aligning workforce - skillsets with the current and long-term needs of the - Department of Defense and the defense industrial base; - (3) to allow metrics to vary between covered centers and be - updated and evaluated continuously in order to more accurately - evaluate covered centers with different goals and missions; - (4) to encourage covered centers to consider developing - technologies that were previously funded by Federal Government - investment for early-stage research and development and expand - cross-government coordination and collaboration to achieve this - goal; - (5) to provide an opportunity for increased Department of - Defense input and oversight from senior-level military and - civilian personnel on future technology roadmaps produced by - covered centers; - (6) to reduce the barriers to collaboration between and - among multiple covered centers; - (7) to use contracting vehicles that can increase - flexibility, reduce barriers for contracting with subject- - matter experts and small and medium enterprises, enhance - partnerships between covered centers, and reduce the time to - award contracts at covered centers; and - (8) to overcome barriers to the adoption of manufacturing - processes and technologies developed by the covered centers by - the defense and commercial industrial base, particularly small - and medium enterprises, by engaging with public and private - sector partnerships and appropriate government programs and - activities, including the Hollings Manufacturing Extension - Partnership. - (b) Coordination With Other Activities.--The Secretary shall carry -out this section in coordination with activities undertaken under-- - (1) the Manufacturing Technology Program established under - section 2521 of title 10, United States Code; - (2) the Manufacturing Engineering Education Program - established under section 2196 of such title; - (3) the Defense Manufacturing Community Support Program - established under section 846 of the John S. McCain National - Defense Authorization Act for Fiscal Year 2019 (Public Law 115- - 232); - (4) manufacturing initiatives of the Secretary of Commerce, - the head of the National Office of the Network for - Manufacturing Innovation Program, the Secretary of Energy, and - such other government and private sector organizations as the - Secretary of Defense considers appropriate; and - (5) such other activities as the Secretary considers - appropriate. - (c) Definition of Covered Center.--In this section, the term -``covered center'' means a manufacturing innovation institute that is -funded by the Department of Defense. - -SEC. 5207. COMMERCIAL EDGE COMPUTING TECHNOLOGIES AND BEST PRACTICES - FOR DEPARTMENT OF DEFENSE WARFIGHTING SYSTEMS. - - (a) Report Required.--Not later than 120 days after the date of the -enactment of this Act, the Under Secretary of Defense for Acquisition -and Sustainment shall submit to the congressional defense committees a -report on commercial edge computing technologies and best practices for -Department of Defense warfighting systems. - (b) Contents.--The report submitted under subsection (a) shall -include the following: - (1) Identification of initial warfighting system programs - of record that will benefit most from accelerated insertion of - commercial edge computing technologies and best practices, - resulting in significant near-term improvement in system - performance and mission capability. - (2) The plan of the Department of Defense to provide - additional funding for the systems identified in paragraph (1) - to achieve fielding of accelerated commercial edge computing - technologies before or during fiscal year 2021. - (3) The plan of the Department to identify, manage, and - provide additional funding for commercial edge computing - technologies more broadly over the next four fiscal years where - appropriate for-- - (A) command, control, communications, and - intelligence systems; - (B) logistics systems; and - (C) other mission-critical systems. - (4) A detailed description of the policies, procedures, - budgets, and accelerated acquisition and contracting mechanisms - of the Department for near-term insertion of commercial edge - computing technologies and best practices into military - mission-critical systems. - -SEC. 5211. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE SECURE, LOW - PROBABILITY OF DETECTION DATA LINK NETWORK CAPABILITY. - - The text of subsection (c) of section 211 is hereby deemed to read -as follows: - ``(c) Limitation.--Of the funds authorized to be appropriated by -this Act for fiscal year 2020 for operation and maintenance for the -Office of the Secretary of the Air Force and for operation and -maintenance for the Office of the Secretary of the Navy, not more than -50 percent may be obligated or expended until the date that is 15 days -after the date on which the Chief of Staff of the Air Force and the -Chief of Naval Operations, respectively, submit the development and -acquisition strategy required by subsection (a).''. - -SEC. 5213. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION CAPABILITY - INCREMENT 2 ENDURING CAPABILITY. - - The text of subsection (a) of section 213 preceding paragraph (1) -is hereby deemed to read as follows: - ``(a) Limitation and Report.--None of the funds authorized to be -appropriated by this Act for fiscal year 2020 for the Army may be -obligated or expended for research, development, test, or evaluation -for the Indirect Fire Protection Capability Increment 2 enduring -capability, and the Department may not otherwise engage in the -research, development, test, or evaluation on such capability, until -the Secretary of the Army submits to the congressional defense -committees a report on the Indirect Fire Protection Capability -Increment 2 program that contains the following:''. - - TITLE LIII--OPERATION AND MAINTENANCE - -SEC. 5301. LIFE CYCLE SUSTAINMENT ANNUAL REPORT FOR MAJOR WEAPON - SYSTEMS OF THE DEPARTMENT OF DEFENSE. - - (a) In General.--The Secretary of Defense shall provide the -congressional defense committees with an annual report for the life -cycle sustainment of each major weapon system as defined in (b). - (b) The Secretary of Defense shall ensure the report 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) To be submitted by February 1st of each year. - -SEC. 5302. 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) since the military departments have not shown a strong - commitment to funding logistics, the Secretary of Defense - should review the full list of recommendations listed in the - report described in paragraph (3) and address the chronic - underfunding of logistics relative to other priorities of the - Department of Defense. - -SEC. 5303. PLAN ON SUSTAINMENT OF ROUGH TERRAIN CONTAINER HANDLER - FLEETS. - - Not later than 90 days after the date of the enactment of this Act, -the Secretary of the Army and the Secretary of the Navy shall-- - (1) jointly develop plans for sustainment of their - respective RT240 Rough Terrain Container Handler (RTCH) fleets - to ensure operational capability of such fleets into the 2030s; - (2) assess available modernization capabilities to enhance - joint deployment of such fleets; and - (3) provide a joint briefing to the Committees on Armed - Services of the Senate and the House of Representatives on the - readiness of such fleets. - -SEC. 5304. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE PROFICIENCY IN - READINESS REPORTING SYSTEMS OF DEPARTMENT OF DEFENSE. - - Not later than 90 days after the date of the enactment of this Act, -the Secretary of Defense and the Secretary of each military department -shall include in the Global Readiness and Force Management Enterprise, -for the appropriate billets with relevant foreign language -requirements, measures of foreign language proficiency as a mandatory -element of unit readiness reporting, to include the Defense Readiness -Reporting Systems-Strategic (DRRS-S) and all other subordinate systems -that report readiness data. - -SEC. 5305. MONITORING OF NOISE FROM FLIGHTS AND TRAINING OF EA-18G - GROWLERS ASSOCIATED WITH NAVAL AIR STATION WHIDBEY - ISLAND. - - (a) Monitoring.-- - (1) In general.--The Secretary of Defense shall provide for - real-time monitoring of noise from local flights of EA-18G - Growlers associated with Naval Air Station Whidbey Island, - including field carrier landing practice at Naval Outlying - Field (OLF) Coupeville and Ault Field. - (2) Public availability.--The Secretary shall publish the - results of monitoring conducted under paragraph (1) on a - publicly available Internet website of the Department of - Defense. - (3) Report.--Not later than 180 days after the date of the - enactment of this Act, the Secretary shall submit to the - Committees on Armed Services of the Senate and the House of - Representatives a report on the progress of monitoring - conducted under paragraph (1) and the results of such - monitoring. - (b) Plan for Additional Monitoring.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the Committees on Armed Services of the Senate and - the House of Representatives a plan for real-time monitoring - described in subsection (a)(1) of noise relating to field - carrier landing practice conducted above or adjacent to Olympic - National Park, Olympic National Forest, and Ebey's Landing - National Historical Reserve. - (2) Development of plan.--The Secretary shall work with the - Director of the National Park Service and the Chief of the - Forest Service in developing the plan under paragraph (1). - (c) Funding.-- - (1) In general.--The amount authorized to be appropriated - by this Act for Navy Operation and Maintenance is hereby - increased by $1,000,000 and the amount of such increase shall - be made available to carry out this section. - (2) Offset.--The amount authorized to be appropriated by - this Act for Marine Corps Operation and Maintenance for SAG - 4A4G is hereby reduced by $1,000,000. - -SEC. 5306. SENSE OF CONGRESS ON RESTORATION OF TYNDALL AIR FORCE BASE. - - It is the sense of Congress that the Secretary of the Air Force -should-- - (1) restore Tyndall Air Force Base to achieve military - installation resilience, as defined in section 101(e)(8) of - title 10, United States Code; and - (2) use innovative construction methods, materials, - designs, and technologies in carrying out such restoration in - order to achieve efficiencies, cost savings, resiliency, and - capability, which may include-- - (A) open architecture design to evolve with the - national defense strategy; and - (B) efficient ergonomic enterprise for members of - the Air Force in the 21st century. - -SEC. 5318. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS CONTAMINATION - BY PERFLUORALKYL AND POLYFLRUOROALKYL SUBSTANCES. - - The text of section 318(a) is hereby deemed to include at the end -the following: - ``(3) Other authority.--In addition to the requirements - under paragraph (1), when otherwise authorized to expend funds - for the purpose of addressing ground or surface water - contaminated by a perfluorinated compound, the Secretary of - Defense may, to expend those funds, enter into a grant - agreement, cooperative agreement, or contract with-- - ``(A) the local water authority with jurisdiction - over the contamination site, including-- - ``(i) a public water system (as defined in - section 1401 of the Safe Drinking Water Act (42 - U.S.C. 300f)); and - ``(ii) a publicly owned treatment works (as - defined in section 212 of the Federal Water - Pollution Control Act (33 U.S.C. 1292)); or - ``(B) a State, local, or Tribal government.''. - -SEC. 5352. LIMITATION ON USE OF FUNDS REGARDING THE BASING OF KC-46A - AIRCRAFT OUTSIDE THE CONTINENTAL UNITED STATES. - - The text of subsection (b) of section 352 is hereby deemed to read -as follows: - ``(b) Limitation on Use of Funds.--Not more than 85 percent of the -funds authorized to be appropriated by this Act for fiscal year 2020 -for the Air Force for operation and maintenance for the Management -Headquarters Program (Program Element 92398F) may be obligated or -expended until the Secretary of the Air Force submits the report -required by subsection (a) unless the Secretary certifies to Congress -that the use of additional funds is mission essential.''. - - TITLE LIV--MILITARY PERSONNEL AUTHORIZATIONS - -SEC. 5401. 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. - - TITLE LV--MILITARY PERSONNEL POLICY - -SEC. 5501. 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)''. - -SEC. 5502. 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 -pursuant to paragraph (1) of subsection (a), and briefings and forms -pursuant to paragraph (2) of such subsection, shall be provided 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. - -SEC. 5503. 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. - -SEC. 5504. SENSE OF SENATE ON THE HONORABLE AND DISTINGUISHED SERVICE - OF GENERAL JOSEPH F. DUNFORD, UNITED STATES MARINE CORPS, - TO THE UNITED STATES. - - (a) Findings.--The Senate makes the following findings: - (1) General Joseph F. Dunford was commissioned as a second - lieutenant in the United States Marine Corps in 1977. - (2) Since 1977, General Dunford has served as an infantry - officer at all levels and has held numerous leadership roles, - including Commander of the 5th Marine Regiment during Operation - IRAQI FREEDOM, Commander of the International Security - Assistance Force and United States Forces-Afghanistan, and - Commander, Marine Forces United States Central Command. - (3) General Dunford served as the 32nd Assistant Commandant - of the Marine Corps from October 23, 2010, to December 15, - 2012. - (4) General Dunford subsequently served as the 36th - Commandant of the Marine Corps from October 17, 2014, to - September 24, 2015. - (5) General Dunford became the highest-ranking military - officer in the United States when he was appointed as the 19th - Chairman of the Joint Chiefs of Staff on October 1, 2015. - (6) General Dunford is only the second United States Marine - to hold the position of Chairman of the Joint Chiefs of Staff. - (7) During his nearly four years as Chairman of the Joint - Chiefs of Staff, General Dunford effectively and honorably - executed the duties of the office to the highest degree. - (8) General Dunford has an extensive record of impeccable - service to the United States. - (b) Sense of Senate.--It is the sense of the Senate that-- - (1) the United States deeply appreciates the decades of - honorable service of General Joseph F. Dunford; and - (2) the indispensable leadership of General Dunford and his - dedication to the men and women of the Armed Forces - demonstrates the finest example of service to the United - States. - -SEC. 5505. 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.''. - -SEC. 5506. PERSONNEL TEMPO OF THE ARMED FORCES AND THE UNITED STATES - SPECIAL OPERATIONS COMMAND DURING PERIODS OF - INAPPLICABILITY OF HIGH-DEPLOYMENT LIMITATIONS. - - (a) In General.--Section 991(d) of title 10, United States Code, is -amended-- - (1) by inserting ``(1)'' before ``The Secretary''; and - (2) by adding at the end the following new paragraph: - ``(2)(A) Whenever a waiver is in effect under paragraph (1), the -member or group of members covered by the waiver shall be subject to -specific and measurable deployment thresholds established and -maintained for purposes of this subsection. - ``(B) Thresholds under this paragraph may be applicable-- - ``(i) uniformly, Department of Defense-wide; or - ``(ii) separately, with respect to each armed force and the - United States Special Operations Command. - ``(C) If thresholds under this paragraph are applicable Department- -wide, such thresholds shall be established and maintained by the Under -Secretary of Defense for Personnel and Readiness. If such thresholds -are applicable only to a separate armed force or the Under States -Special Operations Command, such thresholds shall be established and -maintained by the Secretary of the Army, the Secretary of the Navy -(other than with respect to the Marine Corps), the Secretary of the Air -Force, the Commandant of the Marine Corps (with respect to the Marine -Corps), and the Commander of the United States Special Operations -Command, as applicable. - ``(D) In undertaking recordkeeping for purposes of subsection (c), -the Under Secretary shall, in conjunction with the other officials and -officers referred to in subparagraph (C), collect complete and reliable -personnel tempo data of members described in subparagraph (A) in order -to ensure that the Department, the armed forces, and the United States -Special Operations Command fully and completely monitor personnel tempo -under a waiver under paragraph (1) and its impact on the armed -forces.''. - (b) Deadline for Implementation.--Paragraph (2) of section 991(d) -of title 10, United States Code, as added by subsection (a), shall be -fully implemented by not later than March 1, 2020. - -SEC. 5507. REPORT AND BRIEFING ON THE SENIOR RESERVE OFFICERS' TRAINING - CORPS. - - (a) Report on Various Expansions of the Corps.--Not later than one -year after the date of the enactment of this Act, the Secretary of -Defense shall submit to the Committees on Armed Services of the Senate -and the House of Representatives a report setting forth the following: - (1) An assessment of the feasibility and advisability of - distance learning programs for the Senior Reserve Officers' - Training Corps for students at educational institutions who - reside outside the viable range for a cross-town program. - (2) An assessment of the feasibility and advisability of - expanding the eligibility of institutions authorized to - maintain a unit of the Senior Reserve Officers' Training Corps - to include community colleges. - (b) Briefing on Long-term Effects on the Corps of the Operation of -Certain Recent Prohibitions.-- - (1) Briefing required.--Not later than 180 days after the - date of the enactment of this Act, the Secretary of Defense - shall brief the congressional defense committees on the effects - of the prohibitions in section 8032 of the Department of - Defense Appropriations Act, 2019 (division A of Public Law 115- - 245) on the long-term viability of the Senior Reserve Officers' - Training Corps (SROTC). - (2) Elements.--The matters addressed by the briefing under - paragraph (1) shall include an assessment of The effects of the - prohibitions described in paragraph (1) on the following: - (A) Readiness. - (B) The efficient manning and administration of - Senior Reserve Officers' Training Corps units. - (C) The ability of the Armed Forces to commission - on a yearly basis the number and quality of new - officers they need and that are representative of the - nation as a whole . - (D) The availability of Senior Reserve Officers' - Training Corps scholarships in rural areas. - (E) Whether the Senior Reserve Officers' Training - Corps program produces officers representative of the - demographic and geographic diversity of the United - States, especially with respect to urban areas, and - whether restrictions on establishing or disestablishing - units of the Corps affects the diversity of the officer - corps of the Armed Forces. - -SEC. 5508. REPORT ON SUICIDE PREVENTION PROGRAMS AND ACTIVITIES FOR - MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES. - - (a) Report Required.--Not later than 240 days after the date of the -enactment of this Act, the Comptroller General of the United States -shall submit to the Committees on Armed Services of the Senate and the -House of Representatives a report on the programs and activities of the -Department of Defense and the Armed Forces for the prevention of -suicide among members of the Armed Forces (including the reserve -components) and their families. - (b) Elements.--The report required by subsection (a) shall include -the following: - (1) A description of the current programs and activities of - the Department and the Armed Forces for the prevention of - suicide among members of the Armed Forces and their families. - (2) An assessment whether the programs and activities - described pursuant to paragraph (1)-- - (A) are evidence-based and incorporate best - practices identified in peer-reviewed medical - literature; - (B) are appropriately resourced; and - (C) deliver outcomes that are appropriate relative - to peer activities and programs (including those - undertaken in the civilian community and in military - forces of other countries). - (3) A description and assessment of any impediments to the - effectiveness of such programs and activities. - (4) Such recommendations as the Comptroller General - considers appropriate for improvements to such programs and - activities. - (5) Such recommendations as the Comptroller General - considers appropriate for additional programs and activities - for the prevention of suicide among members of the Armed Forces - and their families. - -SEC. 5509. SENSE OF CONGRESS ON LOCAL PERFORMANCE OF MILITARY ACCESSION - PHYSICALS. - - (a) Findings.--Congress makes the following findings: - (1) The United States Military Entrance Processing Command - (USMEPCOM) consists of 65 Military Entrance Processing Stations - (MEPS) dispersed throughout the contiguous United States, - Alaska, Hawaii, and Puerto Rico. - (2) Applicants who must travel to the closest Processing - Station are often driven by their military recruiter and - receive free lodging at a nearby hotel paid by the Armed Force - concerned. - (3) In fiscal year 2015, the United States Military - Entrance Processing Command processed 473,000 applicants at its - Processing Stations, with an aggregate total of 931,000 - applicant visits to such Processing Stations in that fiscal - year. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) permitting military accession physicals in local - communities would allow recruiters to focus on their core - recruiting mission; and - (2) the conduct of military accession physicals in local - communities would permit the United States Military Entrance - Processing Command to reduce costly and inefficient return - visits by applicants to Military Entrance Processing Stations - and increase efficiency in its processing times. - -SEC. 5510. PERMANENT AUTHORITY TO DEFER PAST AGE 64 THE RETIREMENT OF - CHAPLAINS IN GENERAL AND FLAG OFFICER GRADES. - - Section 1253(c) of title 10, United States Code, is amended by -striking paragraph (3). - -SEC. 5546. BOARDS FOR CORRECTION OF MILITARY RECORDS AND DISCHARGE - REVIEW BOARD MATTERS. - - Part III of subtitle D of title V, and the amendments made by that -part, shall have no force or effect. - -SEC. 5585. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO JOHN J. - DUFFY FOR ACTS OF VALOR IN VIETNAM. - - Section 585 shall have no force or effect. - -SEC. 5587. AUTHORITY TO AWARD OR PRESENT A DECORATION NOT PREVIOUSLY - RECOMMENDED IN A TIMELY FASHION FOLLOWING A REVIEW - REQUESTED BY CONGRESS. - - Section 587, and the amendments made by that section, shall have no -force or effect. - - TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS - -SEC. 5601. 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.''. - -SEC. 5602. 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 334, - 334a, and 351 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 feasible and - advisable, such recommendations as the Secretary considers - appropriate for legislative or administrative action to - authorize such payment. - -SEC. 5642. TREATMENT OF FEES OF SERVICE PROVIDED AS SUPPLEMENTAL FUNDS - FOR COMMISSARY OPERATIONS. - - Section 642, and the amendment made by that section, shall have no -force or effect. - - TITLE LVII--HEALTH CARE PROVISIONS - -SEC. 5701. CONTRACEPTIVE PARITY UNDER THE TRICARE PROGRAM. - - The text of subsection (c) of section 701 is hereby deemed to read -as follows: - ``(c) Effective Date.--The amendments made by this section shall -take effect on January 1, 2030.''. - -SEC. 5702. 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). - -SEC. 5703. 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. - - TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED - MATTERS - -SEC. 5801. REPORT ON CONTRACTS WITH ENTITIES AFFILIATED WITH THE - GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA OR THE - CHINESE COMMUNIST PARTY. - - 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 or business entities that are owned or operated by, or -affiliated with, the Government of the People's Republic of China or -the Chinese Communist Party. - -SEC. 5802. DOCUMENTATION OF MARKET RESEARCH RELATED TO COMMERCIAL ITEM - DETERMINATIONS. - - Section 3307(d) of title 41, United States Code, is amended by -adding at the end the following new paragraph: - ``(4) Agencies shall document the results of market - research in a manner appropriate to the size and complexity of - the acquisition.''. - -SEC. 5803. ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL DEVELOPMENT - DECISIONS. - - (a) Timeline.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense shall update existing -guidance for analyses of alternatives conducted pursuant to a materiel -development decision for a major defense acquisition program to -incorporate the following: - (1) Study completion within nine months. - (2) Study guidance issued by the Director, Cost Assessment - and Program Evaluation of a scope designed to provide for - reasonable completion of the study within the nine-month - period. - (3) Procedures for waiver of the timeline requirements of - this subsection on a case-by-case basis if-- - (A) the subject of the analysis is of extreme - technical complexity; - (B) collection of additional intelligence is - required to inform the analysis; - (C) insufficient technical expertise is available - to complete the analysis; or - (D) the Secretary determines that there other - sufficient reasons for delay of the analysis. - (b) Reporting.--If an analysis of alternatives cannot be completed -within the allotted time, or a waiver is used, the Secretary shall -report to the congressional defense committees the following -information: - (1) For a waiver, the basis for use of the waivers, - including the reasons why the study cannot be completed within - the allotted time. - (2) For a study estimated to take more than nine months-- - (A) an estimate of when the analysis will be - completed; - (B) an estimate of any additional costs to complete - the analysis; and - (C) other relevant information pertaining to the - analysis and its completion. - - TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT - -SEC. 5901. 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. - -SEC. 5902. ALLOCATION OF FORMER RESPONSIBILITIES OF THE UNDER SECRETARY - OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS. - - (a) Title 10, United States Code.--Title 10, United States Code, is -amended as follows: - (1) In section 129a(c)(3), by striking ``The Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``The Under Secretary of Defense for - Acquisition and Sustainment''. - (2) In section 134(c), by striking ``the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Research and - Engineering, the Under Secretary of Defense for Acquisition and - Sustainment''. - (3) In section 139-- - (A) in subsection (b)-- - (i) in the matter preceding paragraph (1), - by striking ``and the Under Secretary of - Defense for Acquisition, Technology, and - Logistics'' and inserting ``, the Under - Secretary of Defense for Research and - Engineering, and the Under Secretary of Defense - for Acquisition and Sustainment''; and - (ii) in paragraph (2), by striking ``and - the Under Secretary of Defense for Acquisition, - Technology, and Logistics'' and inserting ``, - the Under Secretary of Defense for Research and - Engineering, the Under Secretary of Defense for - Acquisition and Sustainment,''; - (B) in subsection (c), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of - Defense for Research and Engineering, the Under - Secretary of Defense for Acquisition and - Sustainment,''; and - (C) in subsection (h)(2), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of - Defense for Research and Engineering, the Under - Secretary of Defense for Acquisition and Sustainment''. - (4) In section 139a(d)(6), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of Defense for - Research and Engineering, the Under Secretary of Defense for - Acquisition and Sustainment,''. - (5) In section 171(a)-- - (A) by striking paragraphs (3) and (8); - (B) by redesignating paragraphs (4), (5), (6), (7), - (9), (10), (11), (12), and (13) as paragraphs (5), (6), - (7), (8), (11), (12), (13), (14), and(15), - respectively; - (C) by inserting after paragraph (2) the following - new paragraphs: - ``(3) the Under Secretary of Defense for Research and - Engineering; - ``(4) the Under Secretary of Defense of Acquisition and - Sustainment;''; and - (D) by inserting after paragraph (8), as - redesignated by subparagraph (B), the following new - paragraphs: - ``(9) the Deputy Under Secretary of Defense for Research - and Engineering; - ``(10) the Deputy Under Secretary of Defense for - Acquisition and Sustainment;''. - (6) In section 181(d)(1)-- - (A) by redesignating subparagraphs (D) through (G) - as subparagraphs (E) through (H), respectively; - (B) by striking subparagraph (C); and - (C) by inserting after subparagraph (B) the - following new subparagraphs: - ``(C) The Under Secretary of Defense for Research - and Engineering. - ``(D) The Under Secretary of Defense for - Acquisition and Sustainment.''. - (7) In section 393(b)(2)-- - (A) by redesignating subparagraphs (C) through (E) - as subparagraphs (D) through (F), respectively; - (B) by striking subparagraph (B); and - (C) by inserting after subparagraph (A) the - following new subparagraphs: - ``(B) The Under Secretary of Defense for Research - and Engineering. - ``(C) The Under Secretary of Defense for - Acquisition and Sustainment.''. - (8)(A) In section 1702-- - (i) by striking the heading and inserting the - following: -``Sec. 1702. Under Secretary of Defense for Acquisition and - Sustainment: authorities and responsibilities''; and - (ii) in the text, by striking ``the Under Secretary - of Defense for Acquisition, Technology, and Logistics'' - and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (B) The table of sections at the beginning of subchapter I - of chapter 87 is amended by striking the item relating to - section 1702 and inserting the following new item: - -``1702. Under Secretary of Defense for Acquisition and Sustainment: - authorities and responsibilities.''. - (9) In section 1705, by striking ``Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``Under Secretary of Defense for - Acquisition and Sustainment''. - (10) In section 1722, by striking ``the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (11) In section 1722a, by striking ``the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (12) In section 1722b(a), by striking ``the Under Secretary - of Defense for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (13) In section 1723, by striking ``the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (14) In section 1725(e)(2), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (15) In section 1735(c)(1), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (16) In section 1737(c), by striking ``the Under Secretary - of Defense for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (17) In section 1741(b), by striking ``The Under Secretary - of Defense for Acquisition, Technology, and Logistics'' and - inserting ``The Under Secretary of Defense for Acquisition and - Sustainment''. - (18) In section 1746(a), by striking ``the Under Secretary - of Defense for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (19) In section 1748, by striking ``the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (20) In section 2222, by striking ``Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``Under Secretary of Defense for - Acquisition and Sustainment''. - (21) In section 2272, by striking ``the Assistant Secretary - of Defense for Research and Engineering'' and inserting ``the - Under Secretary of Defense for Research and Engineering''. - (22) In section 2275(a), by striking ``The Under Secretary - of Defense for Acquisition, Technology, and Logistics'' and - inserting ``The Under Secretary of Defense for Acquisition and - Sustainment''. - (23) In section 2279(d), by striking ``the Under Secretary - of Defense for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (24) In section 2279b-- - (A) in subsection (b)-- - (i) by redesignating paragraphs (3) through - (10) as paragraphs (4) through (11), - respectively; - (ii) by striking paragraph (2); and - (iii) by inserting after paragraph (1) the - following new paragraphs: - ``(2) The Under Secretary of Defense for Research and - Engineering. - ``(3) The Under Secretary of Defense for Acquisition and - Sustainment.''; and - (B) in subsection (c) by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of - Defense for Research and Engineering, the Under - Secretary of Defense for Acquisition and Sustainment,'' - (25) In section 2304, by striking ``the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (26) In section 2306b(i)(7), by striking ``of Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``of Under Secretary of Defense for - Acquisition and Sustainment''. - (27) In section 2311(c), by striking ``the Under Secretary - of Defense for Acquisition, Technology, and Logistics'' each - place it appears and inserting ``the Under Secretary of Defense - for Acquisition and Sustainment''. - (28) In section 2326(g), by striking ``the Under Secretary - of Defense for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (29) In section 2330, by striking ``Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``Under Secretary of Defense for - Acquisition and Sustainment''. - (30) In section 2334, by striking ``Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``Under Secretary of Defense for - Acquisition and Sustainment''. - (31) In section 2350a(b)(2), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics, and the Assistant Secretary of Defense for Research - and Engineering'' and inserting ``the Under Secretary of - Defense for Research and Engineering, and the Under Secretary - of Defense for Acquisition and Sustainment''. - (32) In section 2359(b), by striking paragraph (1) and - inserting the following new paragraph (1): - ``(1) The Under Secretary of Defense for Research and - Engineering.''. - (33) In section 2359b, by striking ``Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``Under Secretary of Defense for - Research and Engineering''. - (34) In section 2365(d)(3)(A), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of Defense for - Research and Engineering''. - (35) In section 2375, by striking ``the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (36) In section 2399(b)(3)-- - (A) by striking ``the Under Secretary of Defense - for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Research - and Engineering, the Under Secretary of Defense for - Acquisition and Sustainment''; and - (B) by striking ``and Under Secretary'' and - inserting ``and the Under Secretaries''. - (37) In section 2419(a)(1), by striking ``The Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``The Under Secretary of Defense for - Acquisition and Sustainment''. - (38) In section 2431a(b), by striking ``the Under Secretary - of Defense for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (39) In section 2435, by striking ``the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (40) In section 2438(b), by striking ``the Under Secretary - of Defense for Acquisition, Technology and Logistics'' each - place it appears and inserting ``the Under Secretary of Defense - for Acquisition and Sustainment''. - (41) In section 2503(b)-- - (A) by striking ``the Under Secretary of Defense - for Acquisition, Technology, and Logistics'' and - inserting ``the Under Secretary of Defense for Research - and Engineering and the Under Secretary of Defense for - Acquisition and Sustainment''; and - (B) by striking ``the Under Secretary shall'' and - inserting ``the Under Secretaries shall''. - (42) In section 2508(b), by striking ``the Under Secretary - of Defense for Acquisition, Technology, and Logistics, acting - through the Deputy Assistant Secretary of Defense for - Manufacturing and Industrial Base Policy'' and inserting ``the - Under Secretary of Defense for Acquisition and Sustainment''. - (43) In section 2521, by striking ``Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``Under Secretary of Defense for - Research and Engineering''. - (44) In section 2533b(k)(2)(A), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (45) In section 2546-- - (A) in the heading of subsection (a), by striking - ``Under Secretary of Defense for Acquisition, - Technology, and Logistics'' and inserting ``Under - Secretary of Defense for Acquisition and Sustainment''; - and - (B) by striking ``the Under Secretary of Defense - for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``the Under Secretary of - Defense for Acquisition and Sustainment''. - (46) In section 2548, by striking ``the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' each place - it appears and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (47) In section 2902(b)-- - (A) by striking paragraph (1) and inserting the - following new paragraph (1): - ``(1) The official within the Office of the Under Secretary - of Defense for Research and Engineering who is responsible for - science and technology.''; - (B) by redesignating paragraphs (4) through (9) as - paragraphs (5) through (10), respectively; - (C) by striking paragraph (3); and - (D) by inserting after paragraph (2) the following - new paragraphs: - ``(3) The official within the Office of the Under Secretary - of Defense for Research and Engineering who is responsible for - environmental security. - ``(4) The official within the Office of the Under Secretary - of Defense for Acquisition and Sustainment who is responsible - for environmental security.''. - (48) In section 2926(e)(5)(D), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (b) National Defense Authorization Acts.-- - (1) Public law 115-232.--Section 338 of the John S. McCain - National Defense Authorization Act for Fiscal Year 2019 (Public - Law 115-232; 132 Stat. 1728) is amended by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (2) Public law 115-91.--Section 136(a)(1) of the National - Defense Authorization Act for Fiscal Year 2018 (Public Law 115- - 91; 131 Stat. 1317) is amended by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (3) Public law 114-328.--The National Defense Authorization - Act for Fiscal Year 2017 (Public Law 114-328) is amended as - follows: - (A) In section 829(b) (10 U.S.C. 2306 note), by - striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (B) In section 874(b)(1) (10 U.S.C. 2375 note), by - striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (C) In section 875 (10 U.S.C. 2305 note)-- - (i) in subsections (b), (c), (e), and (f), - by striking ``Under Secretary of Defense for - Acquisition, Technology, and Logistics'' each - place it appears and inserting ``Under - Secretary of Defense for Acquisition and - Sustainment''; and - (ii) in subsection (d), by striking ``The - Under Secretary of Defense for Acquisition, - Technology, and Logistics'' and inserting ``The - Under Secretary of Defense for Research and - Engineering''. - (D) In section 898(a)(2)(A) (10 U.S.C. 2302 note), - by striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (E) In section 1652(a) (130 Stat. 2609), by - striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``the Under Secretary of Defense for Research and - Engineering''. - (F) In section 1689(d) (130 Stat. 2631), by - striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``the Under Secretary of Defense for Research and - Engineering''. - (4) Public law 114-92.--The National Defense Authorization - Act for Fiscal Year 2016 (Public Law 114-92) is amended as - follows: - (A) In section 131 (129 Stat. 754), by striking - ``the Under Secretary of Defense for Acquisition, - Technology, and Logistics'' each place it appears and - inserting ``the Under Secretary of Defense for - Acquisition and Sustainment''. - (B) In section 856(a)(2)(B) (10 U.S.C. 2377 note), - by striking ``the Office of the Under Secretary of - Defense for Acquisition, Technology, and Logistics'' - and inserting ``the Office of the Under Secretary of - Defense for Acquisition and Sustainment''. - (C) In section 1111(b)(1) (10 U.S.C. 1701 note), by - striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (D) In section 1675(a) (129 Stat. 1131), by - striking ``The Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``The Under Secretary of Defense for Research and - Engineering''. - (5) Public law 113-291.--Section 852 of the Carl Levin and - Howard P. ``Buck'' McKeon National Defense Authorization Act - for Fiscal Year 2015 (10 U.S.C. 2302 note) is amended by - striking ``The Under Secretary of Defense for Acquisition, - Technology, and Logistics'' and inserting ``The Under Secretary - of Defense for Acquisition and Sustainment''. - (6) Public law 112-239.--Section 157(c) of the National - Defense Authorization Act for Fiscal Year 2013 (Public law 112- - 239; 126 Stat. 1668) is amended by striking ``The Under - Secretary of Defense for Acquisition, Technology, and - Logistics'' and inserting ``The Under Secretary of Defense for - Acquisition and Sustainment''. - (7) Public law 112-81.--The National Defense Authorization - Act for Fiscal Year 2012 (Public Law 112-81) is amended as - follows: - (A) In section 144 (125 Stat. 1325)-- - (i) in subsection (a), by striking ``the - Under Secretary of Defense for Acquisition, - Technology, and Logistics'' and inserting ``the - Under Secretary of Defense for Acquisition and - Sustainment''; and - (ii) in subsection (b)(4), by striking - ``the Assistant Secretary of Defense for - Research and Engineering'' and inserting ``the - Under Secretary of Defense for Research and - Engineering''. - (B) In section 836(a)(2) (22 U.S.C. 2767 note), by - striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics, the Assistant - Secretary of Defense for Research and Engineering,'' - and inserting ``the Under Secretary of Defense for - Research and Engineering, the Under Secretary of - Defense for Acquisition and Sustainment,''. - (C) In section 838(2)(B) (125 Stat. 1509), by - striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (8) Public law 111-383.--Section 882(b) of the Ike Skelton - National Defense Authorization Act for Fiscal Year 2011 (10 - U.S.C. 2222 note) is amended by striking ``The Under Secretary - of Defense for Acquisition, Technology, and Logistics'' and - inserting ``The Under Secretary of Defense for Acquisition and - Sustainment''. - (9) Public law 110-417.--Section 814 of the Duncan Hunter - National Defense Authorization Act for Fiscal Year 2009 (Public - Law 110-417; 122 Stat. 4528) is amended-- - (A) in subsection (b)(2)-- - (i) by redesignating subparagraphs (B) - through (H) as subparagraphs (C) through (I), - respectively; - (ii) by striking subparagraph (A); and - (iii) by inserting before subparagraph (C), - as redesignated by clause (i), the following - new subparagraphs: - ``(A) The Office of the Under Secretary of Defense - for Research and Engineering. - ``(B) The Office of the Under Secretary of Defense - for Acquisition and Sustainment.''; and - (B) in subsection (c)(5), in the flush matter - following subparagraph (B), by striking ``the Under - Secretary of Defense for Acquisition, Technology, and - Logistics certifies to the congressional defense - committees, and includes'' and inserting ``the Under - Secretary of Defense for Research and Engineering and - the Under Secretary of Defense for Acquisition and - Sustainment jointly certify to the congressional - defense committees, and include''. - (10) Public law 110-181.--The National Defense - Authorization Act for Fiscal Year 2008 (Public Law 110-181) is - amended as follows: - (A) In section 231(a) (10 U.S.C. 1701 note), by - striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (B) In section 802(a)(3)(C) (10 U.S.C. 2410p note), - by striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``the Under Secretary of Defense for Acquisition and - Sustainment''. - (C) In section 821(a) (10 U.S.C. 2304 note), by - striking ``The Under Secretary of Defense for - Acquisition, Technology, and Logistics'' and inserting - ``The Under Secretary of Defense for Acquisition and - Sustainment''. - (D) In section 2864 (10 U.S.C. 2911 note), by - striking ``the Under Secretary of Defense for - Acquisition, Technology, and Logistics'' each place it - appears and inserting ``the Under Secretary of Defense - for Acquisition and Sustainment''. - (c) Recommendations for Legislative Action.--Not later than 14 days -after the President submits to Congress the budget for fiscal year 2021 -pursuant to section 1105 of title 31, United States Code, the Under -Secretary of Defense (Comptroller) shall submit to the congressional -defense committees such recommendations for legislative action as the -Under Secretary considers appropriate to implement the recommendations -of the report required by section 901 of the John S. McCain National -Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 -Stat. 1920). - - TITLE LX--GENERAL MATTERS - -SEC. 6001. 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.--Of the amounts - authorized to be appropriated for the - Environmental Protection Agency, - $35,000,000 shall be available to carry - out this subparagraph, to remain - available until expended. - ``(II) Requirement.--Research - carried out using amounts made - available under subclause (I) may not - duplicate research funded by the - Department of Energy. - ``(vi) Termination of authority.--The Board - and all authority provided under this - subparagraph shall terminate not later than 10 - years after the date of enactment of the USE IT - Act. - ``(C) Carbon dioxide utilization research.-- - ``(i) Definition of carbon dioxide - utilization.--In this subparagraph, the term - `carbon dioxide utilization' refers to - technologies or approaches that lead to the use - of carbon dioxide-- - ``(I) through the fixation of - carbon dioxide through photosynthesis - or chemosynthesis, such as through the - growing of algae or bacteria; - ``(II) through the chemical - conversion of carbon dioxide to a - material or chemical compound in which - the carbon dioxide is securely stored; - or - ``(III) through the use of carbon - dioxide for any other purpose for which - a commercial market exists, as - determined by the Administrator. - ``(ii) Program.--The Administrator, in - consultation with the Secretary of Energy, - shall carry out a research and development - program for carbon dioxide utilization to - promote existing and new technologies that - transform carbon dioxide generated by - industrial processes into a product of - commercial value, or as an input to products of - commercial value. - ``(iii) Technical and financial - assistance.--Not later than 2 years after the - date of enactment of the USE IT Act, in - carrying out this subsection, the - Administrator, in consultation with the - Secretary of Energy, shall support research and - infrastructure activities relating to carbon - dioxide utilization by providing technical - assistance and financial assistance in - accordance with clause (iv). - ``(iv) Eligibility.--To be eligible to - receive technical assistance and financial - assistance under clause (iii), a carbon dioxide - utilization project shall-- - ``(I) have access to an emissions - stream generated by a stationary source - within the United States that is - capable of supplying not less than 250 - metric tons per day of carbon dioxide - for research; - ``(II) have access to adequate - space for a laboratory and equipment - for testing small-scale carbon dioxide - utilization technologies, with onsite - access to larger test bays for scale- - up; and - ``(III) have existing partnerships - with institutions of higher education, - private companies, States, or other - government entities. - ``(v) Coordination.--In supporting carbon - dioxide utilization projects under this - paragraph, the Administrator shall consult with - the Secretary of Energy, and, as appropriate, - with the head of any other relevant Federal - agency, States, the private sector, and - institutions of higher education to develop - methods and technologies to account for the - carbon dioxide emissions avoided by the carbon - dioxide utilization projects. - ``(vi) Authorization of appropriations.-- - ``(I) In general.--Of the amounts - authorized to be appropriated for the - Environmental Protection Agency, - $50,000,000 shall be available to carry - out this subparagraph, to remain - available until expended. - ``(II) Requirement.--Research - carried out using amounts made - available under subclause (I) may not - duplicate research funded by the - Department of Energy. - ``(D) Deep saline formation report.-- - ``(i) Definition of deep saline - formation.-- - ``(I) In general.--In this - subparagraph, the term `deep saline - formation' means a formation of - subsurface geographically extensive - sedimentary rock layers saturated with - waters or brines that have a high total - dissolved solids content and that are - below the depth where carbon dioxide - can exist in the formation as a - supercritical fluid. - ``(II) Clarification.--In this - subparagraph, the term `deep saline - formation' does not include oil and gas - reservoirs. - ``(ii) Report.--In consultation with the - Secretary of Energy, and, as appropriate, with - the head of any other relevant Federal agency - and relevant stakeholders, not later than 1 - year after the date of enactment of the USE IT - Act, the Administrator shall prepare, submit to - Congress, and make publicly available a report - that includes-- - ``(I) a comprehensive - identification of potential risks and - benefits to project developers - associated with increased storage of - carbon dioxide captured from stationary - sources in deep saline formations, - using existing research; - ``(II) recommendations, if any, for - managing the potential risks identified - under subclause (I), including - potential risks unique to public land; - and - ``(III) recommendations, if any, - for Federal legislation or other policy - changes to mitigate any potential risks - identified under subclause (I). - ``(E) Report on carbon dioxide nonregulatory - strategies and technologies.-- - ``(i) In general.--Not less frequently than - once every 2 years, the Administrator shall - submit to the Committee on Environment and - Public Works of the Senate and the Committee on - Energy and Commerce of the House of - Representatives a report that describes-- - ``(I) the recipients of assistance - under subparagraphs (B) and (C); and - ``(II) a plan for supporting - additional nonregulatory strategies and - technologies that could significantly - prevent carbon dioxide emissions or - reduce carbon dioxide levels in the - air, in conjunction with other Federal - agencies. - ``(ii) Inclusions.--The plan submitted - under clause (i) shall include-- - ``(I) a methodology for evaluating - and ranking technologies based on the - ability of the technologies to cost - effectively reduce carbon dioxide - emissions or carbon dioxide levels in - the air; and - ``(II) a description of any nonair- - related environmental or energy - considerations regarding the - technologies. - ``(F) GAO report.--The Comptroller General of the - United States shall submit to Congress a report that-- - ``(i) identifies all Federal grant programs - in which a purpose of a grant under the program - is to perform research on carbon capture and - utilization technologies, including direct air - capture technologies; and - ``(ii) examines the extent to which the - Federal grant programs identified pursuant to - clause (i) overlap or are duplicative.''. - (c) Report.--Not later than 1 year after the date of enactment of -this Act, the Administrator of the Environmental Protection Agency -(referred to in this section as the ``Administrator'') shall submit to -Congress a report describing how funds appropriated to the -Administrator during the 5 most recent fiscal years have been used to -carry out section 103 of the Clean Air Act (42 U.S.C. 7403), including -a description of-- - (1) the amount of funds used to carry out specific - provisions of that section; and - (2) the practices used by the Administrator to - differentiate funding used to carry out that section, as - compared to funding used to carry out other provisions of law. - (d) Inclusion of Carbon Capture Infrastructure Projects.--Section -41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended-- - (1) in subparagraph (A)-- - (A) in the matter preceding clause (i), by - inserting ``carbon capture,'' after ``manufacturing,''; - (B) in clause (i)(III), by striking ``or'' at the - end; - (C) by redesignating clause (ii) as clause (iii); - and - (D) by inserting after clause (i) the following: - ``(ii) is covered by a programmatic plan or - environmental review developed for the primary - purpose of facilitating development of carbon - dioxide pipelines; or''; and - (2) by adding at the end the following: - ``(C) Inclusion.--For purposes of subparagraph (A), - construction of infrastructure for carbon capture - includes construction of-- - ``(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. - -SEC. 6002. 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. - -SEC. 6003. 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.''. - -SEC. 6004. 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.''. - -SEC. 6005. 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.''. - -SEC. 6006. 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.''. - -SEC. 6007. 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)''. - -SEC. 6008. IMPROVEMENTS TO NETWORK FOR MANUFACTURING INNOVATION - PROGRAM. - - (a) Alternate Program Name.--Subsection (a) of section 34 of the -National Institute of Standards and Technology Act (15 U.S.C. 278s) is -amended by inserting ``or as `Manufacturing USA''' after ``as the -`Network for Manufacturing Innovation Program'''. - (b) Centers for Manufacturing Innovation.--Subsection (c) of such -section is amended-- - (1) in subparagraphs (B) and (C)(i) of paragraph (1), by - striking ``and tool development for microelectronics'' both - places it appears and inserting ``tool development for - microelectronics, food manufacturing, superconductors, advanced - battery technologies, robotics, advanced sensors, quantum - information science, supply chain water optimization, - aeronautics and advanced materials, and graphene and graphene - commercialization''; - (2) in paragraph (2)(D), by striking ``and minority'' and - inserting ``, minority, and veteran''; and - (3) in paragraph (3)(A), by striking ``, but such'' and all - that follows through ``under subsection (d)''. - (c) Financial Assistance To Establish and Support Centers for -Manufacturing Innovation.--Subsection (d) of such section is amended-- - (1) in paragraph (1) is amended to read as follows: - ``(1) In general.--In carrying out the Program, the - Secretary shall award financial assistance to the following: - ``(A) To a person or group of persons to assist the - person or group of persons in planning, establishing, - or supporting a center for manufacturing innovation. - ``(B) To a center for manufacturing innovation, - including a center that was not established using - Federal funds, to support workforce development, cross- - center projects, and other efforts which support the - purposes of the Program.''; - (2) in paragraphs (2), (3), and (4), by striking ``under - paragraph (1)'' each place it appears and inserting ``under - paragraph (1)(A)''; - (3) in paragraph (4)-- - (A) in subparagraph (C)-- - (i) in clause (i), by striking ``; and'' - and inserting a semicolon; - (ii) in clause (ii)-- - (I) by inserting ``, including - appropriate measures for assessing the - effectiveness of the activities funded - with regards to the center's success in - advancing the current state of the - applicable advanced manufacturing - technology area such as technology - readiness level and manufacturing - readiness level,'' after ``measures''; - and - (II) by striking the period at the - end and inserting a semicolon; and - (iii) by adding at the end the following: - ``(iii) establish standards for the - performance of centers for manufacturing - innovation that are based on the measures - developed under clause (ii); and - ``(iv) for each center for manufacturing - innovation supported by the award, 5 years - after the initial award and every 5 years - thereafter until Federal funding is - discontinued, conduct an assessment of the - center to confirm whether the performance of - the center is meeting the standards for - performance established under clause (iii).''; - (B) in subparagraph (D), by inserting ``, - including, as appropriate, the Department of - Agriculture, the Department of Defense, the Department - of Education, the Department of Energy, the Department - of Labor, the Food and Drug Administration, the - National Aeronautics and Space Administration, the - National Institutes of Health, and the National Science - Foundation'' after ``manufacturing''; and - (C) in subparagraph (E)-- - (i) in clause (ii), by striking ``without - the need for long-term Federal funding''; - (ii) in clause (iii), by striking - ``significantly''; - (iii) in clause (v), by inserting ``and to - improve the domestic supply chain'' after - ``technologies''; and - (iv) in clause (ix), by inserting - ``industrial, research, entrepreneurship, and - other'' after ``leverage the''; - (4) in paragraph (5)-- - (A) by striking subparagraph (A) and inserting the - following: - ``(A) Performance deficiency.-- - ``(i) Notice of deficiency.--If the - Secretary finds that a center for manufacturing - innovation does not meet the standards for - performance established under clause (iii) of - paragraph (4)(C) during an assessment pursuant - to clause (iv) of such paragraph, the Secretary - shall notify the center of any deficiencies in - the performance of the center and provide the - center one year to remedy such deficiencies. - ``(ii) Failure to remedy.--If a center for - manufacturing innovation fails to remedy a - deficiency identified under clause (i) or to - show significant improvement in performance one - year after notification of a performance - deficiency identified under clause (i), the - Secretary shall notify the center that the - center is ineligible for further financial - assistance awarded under paragraph (1) .''; - (B) in subparagraph (B), in the first sentence, by - striking ``large capital facilities or equipment - purchases'' and inserting ``satellite centers, large - capital facilities, equipment purchases, workforce - development, or general operations''; and - (C) by striking subparagraph (C); and - (5) by adding at the end the following: - ``(6) Use of financial assistance.--Financial assistance - awarded under paragraph (1)(B) may be used to carry out - Program-wide activities directed by the Secretary, such as - activities targeting workforce development.''. - (d) Funding.--Subsection (e)(2) of such section is amended-- - (1) by amending subparagraph (A) to read as follows: - ``(A) NIST industrial technical services account.-- - To the extent provided for in advance by appropriations - Acts, the Secretary may use amounts appropriated to the - Institute for Industrial Technical Services account to - carry out this section as follows: - ``(i) For each of the fiscal years 2015 - through 2019, an amount not to exceed - $5,000,000. - ``(ii) For each of fiscal years 2020 - through 2030, such amounts as may be necessary - to carry out this section.''; and - (2) in subparagraph (B), by striking ``through 2024'' and - inserting ``through 2019''. - (e) National Program Office.--Subsection (f) of such section is -amended-- - (1) in paragraph (2)-- - (A) in subparagraph (B)-- - (i) by inserting ``coordinate with and, as - appropriate,'' before ``enter''; and - (ii) by inserting ``including the - Department of Agriculture, the Department of - Defense, the Department of Education, the - Department of Energy, the Department of Labor, - the Food and Drug Administration, the National - Aeronautics and Space Administration, the - National Institutes of Health, and the National - Science Foundation,'' after ``manufacturing,''; - (B) in subparagraph (E), by striking ``; and'' and - inserting a semicolon; - (C) by redesignating subparagraph (F) as - subparagraph (J); and - (D) by inserting after subparagraph (E) the - following: - ``(F) to carry out pilot programs in collaboration - with the centers for manufacturing innovation such as a - laboratory-embedded entrepreneurship program; - ``(G) to provide support services and funding as - necessary to promote workforce development activities; - ``(H) to coordinate with centers for manufacturing - innovation to develop best practices for the membership - agreements and coordination of similar project - solicitations; - ``(I) to collaborate with the Department of Labor, - the Department of Education, industry, career and - technical education schools, local community colleges, - universities, and labor organizations to provide input - for the development of national certifications for - advanced manufacturing workforce skills in the - technology areas of the centers for manufacturing - innovation; and''; - (2) in paragraph (3), by inserting ``State, Tribal, and - local governments,'' after ``community colleges,''; and - (3) in paragraph (5)-- - (A) by striking ``The Secretary'' and inserting the - following: - ``(A) In general.--The Secretary''; and - (B) by adding at the end the following: - ``(B) Liaisons.-- - ``(i) In general.--The Secretary may - provide financial assistance to a manufacturing - extension center established as part of the - Hollings Manufacturing Extension Partnership to - support the purposes of the Program by - providing services in one or more of the - following areas: - ``(I) Cybersecurity awareness and - support services for small- and medium- - sized manufacturers. - ``(II) Assistance with workforce - development. - ``(III) Technology transfer for - small and medium-sized manufacturers. - ``(IV) Such other areas as the - Secretary determines appropriate to - support the purposes of the Program. - ``(ii) Support.--Support under clause (i) - may include the designation of a liaison.''. - (f) Reporting and Auditing.--Subsection (g) of such section is -amended-- - (1) in paragraphs (1) and (2), by striking ``under - subsection (d)(1)'' and inserting ``under subsection - (d)(1)(A)''; - (2) in paragraph (2)(A), by striking ``December 31, 2024'' - and inserting ``December 31, 2030''; and - (3) in paragraph (3)-- - (A) in subparagraph (A)-- - (i) by striking ``2 years'' and inserting - ``3 years''; and - (ii) by striking ``2-year'' and inserting - ``3-year''; and - (B) in subparagraph (B), by striking ``December 31, - 2024'' and inserting ``December 31, 2030''. - (g) Expansion.--Subject to the availability of appropriations, the -Secretary of Commerce shall increase the number of centers for -manufacturing innovation that participate in the Network for -Manufacturing Innovation Program. - -SEC. 6009. REGIONAL INNOVATION PROGRAM. - - Section 27 of the Stevenson-Wydler Technology Innovation Act of -1980 (15 U.S.C. 3722) is amended to read as follows: - -``SEC. 27. REGIONAL INNOVATION PROGRAM. - - ``(a) Definitions.--In this section: - ``(1) Eligible recipient defined.--The term `eligible - recipient' means-- - ``(A) a State; - ``(B) an Indian tribe; - ``(C) a city or other political subdivision of a - State; - ``(D) an entity that is a nonprofit organization, - an institution of higher education, a public-private - partnership, a science or research park, a Federal - laboratory, a venture development organization, or an - economic development organization or similar entity - that is focused primarily on improving science, - technology, innovation, or entrepreneurship; or - ``(E) a consortium of any of the entities described - in subparagraphs (A) through (D). - ``(2) Regional innovation initiative.--The term `regional - innovation initiative' means a geographically-bounded public or - nonprofit activity or program to address issues in the local - innovation systems in order to-- - ``(A) increase the success of innovation-driven - industry; - ``(B) strengthen the competitiveness of industry - through new product innovation and new technology - adoption; - ``(C) improve the pace of market readiness and - overall commercialization of innovative research; - ``(D) enhance the overall innovation capacity and - long-term resilience of the region; and - ``(E) leverage the region's unique competitive - strengths to stimulate innovation and to create jobs. - ``(3) State.--The term `State' means one of the several - States of the United States, the District of Columbia, the - Commonwealth of Puerto Rico, the United States Virgin Islands, - Guam, American Samoa, the Commonwealth of the Northern Mariana - Islands, or any other territory or possession of the United - States. - ``(4) Venture development organization.--The term `venture - development organization' means a State or nonprofit - organization that contributes to regional or sector-based - economic prosperity by providing services for the purposes of-- - ``(A) accelerating the commercialization of - research; - ``(B) strengthening the competitive position of - industry through the development, commercial adoption, - or deployment of technology; and - ``(C) providing financial grants, loans, or direct - financial investment to commercialize technology. - ``(b) Establishment.--The Secretary shall establish a regional -innovation program to encourage and support the development of regional -innovation strategies designed to increase innovation-driven economic -opportunity within their respective regions. - ``(c) Regional Innovation Grants.-- - ``(1) Authorization of grants.--As part of the program - established pursuant to subsection (b), the Secretary may award - grants, on a competitive basis, to eligible recipients for - activities designed to develop and support a regional - innovation initiative. - ``(2) Permissible activities.--A grant awarded under this - subsection shall be used for multiple activities determined - appropriate by the Secretary, including-- - ``(A) improving the connectedness and strategic - orientation of the region through planning, technical - assistance, and communication among participants of a - regional innovation initiative; - ``(B) attracting additional participants to a - regional innovation initiative; - ``(C) increasing the availability and investment of - private and philanthropic financing that supports - innovation-based business ventures; - ``(D) completing the research, development and - introduction of new products, processes, and services - into the commercial market; - ``(E) increasing the number of full-time equivalent - employment opportunities within innovation-based - business ventures in the geographic region; and - ``(F) achieving quantifiable, positive benefits to, - or measurable enhancements for, the economic - performance of the geographic region. - ``(3) Restricted activities.--Grants awarded under this - subsection may not be used to pay for-- - ``(A) costs related to the recruitment, inducement, - or associated financial or tangible incentives that - might be offered to relocate an existing business from - a geographic area to another geographic area; or - ``(B) costs associated with offsetting revenues - forgone by one or more taxing authorities through tax - incentives, tax increment financing, special - improvement districts, tax abatements for private - development within designated zones or geographic - areas, or other reduction in revenues resulting from - tax credits affecting the geographic region of the - eligible recipients. - ``(4) Applications.-- - ``(A) In general.--An eligible recipient shall - submit an application to the Secretary at such time, in - such manner, and containing such information and - assurances as the Secretary may require. - ``(B) Components.--Each application submitted under - subparagraph (A) shall-- - ``(i) describe the regional innovation - initiative; - ``(ii) indicate whether the regional - innovation initiative is supported by the - private sector, State and local governments, - and other relevant stakeholders; - ``(iii) identify what activities the - regional innovation initiative will undertake; - ``(iv) describe the expected outcomes of - the regional innovation initiative and how the - eligible recipient will measure progress toward - those outcomes; - ``(v) indicate whether the participants in - the regional innovation initiative have access - to, or contribute to, a well-trained workforce - and other innovation assets that are critical - to the successful outcomes specified in the - application; - ``(vi) indicate whether the participants in - the regional innovation initiative are capable - of attracting additional funds from non-Federal - sources; and - ``(vii) if appropriate for the activities - proposed in the application, analyze the - likelihood that the participants in the - regional innovation initiative will be able to - sustain activities after grant funds received - under this subsection have been expended. - ``(C) Feedback.--The Secretary shall provide - feedback to program applicants that are not awarded - grants to help them improve future applications. - ``(D) Special considerations.--The Secretary shall - give special consideration to-- - ``(i) applications proposing to include - workforce or training related activities in - their regional innovation initiative from - eligible recipients who agree to collaborate - with local workforce investment area boards; - and - ``(ii) applications from regions that - contain communities negatively impacted by - trade. - ``(5) Cost share.--The Secretary may not provide more than - 50 percent of the total cost of any activity funded under this - subsection. - ``(6) Outreach to rural communities.-- - ``(A) In general.--The Secretary shall conduct - outreach to public and private sector entities in rural - communities to encourage those entities to participate - in regional innovation initiatives under this - subsection. - ``(B) Justification.--As part of the program - established pursuant to subsection (b), the Secretary, - through the Economic Development Administration, shall - submit an annual report to Congress that explains the - balance in the allocation of grants to eligible - recipients under this subsection between rural and - urban areas. - ``(7) Funding.--The Secretary may accept funds from other - Federal agencies to support grants and activities under this - subsection. - ``(d) Regional Innovation Research and Information Program.-- - ``(1) In general.--As part of the program established - pursuant to subsection (b), the Secretary shall establish a - regional innovation research and information program-- - ``(A) to gather, analyze, and disseminate - information on best practices for regional innovation - initiatives, including information relating to how - innovation, productivity, and economic development can - be maximized through such strategies; - ``(B) to provide technical assistance, including - through the development of technical assistance guides, - for the development and implementation of regional - innovation initiatives; - ``(C) to support the development of relevant - metrics and measurement standards to evaluate regional - innovation initiatives, including the extent to which - such strategies stimulate innovation, productivity, and - economic development; and - ``(D) to collect and make available data on - regional innovation initiatives in the United States, - including data on-- - ``(i) the size, specialization, and - competitiveness of regional innovation - initiatives; - ``(ii) the regional domestic product - contribution, total jobs and earnings by key - occupations, establishment size, nature of - specialization, patents, Federal research and - development spending, and other relevant - information for regional innovation - initiatives; and - ``(iii) supply chain product and service - flows within and between regional innovation - initiatives. - ``(2) Research grants.--The Secretary may award research - grants on a competitive basis to support and further the goals - of the program established under this section. - ``(3) Dissemination of information.--Data and analysis - compiled by the Secretary under the program established in this - subsection shall be made available to other Federal agencies, - State and local governments, and nonprofit and for-profit - entities. - ``(4) Regional innovation grant program.--The Secretary - shall incorporate data and analysis relating to any grant - awarded under subsection (c) into the program established under - this subsection. - ``(e) Interagency Coordination.-- - ``(1) In general.--To the maximum extent practicable, the - Secretary shall ensure that the activities carried out under - this section are coordinated with, and do not duplicate the - efforts of, other programs at the Department of Commerce or at - other Federal agencies. - ``(2) Collaboration.-- - ``(A) In general.--The Secretary shall explore and - pursue collaboration with other Federal agencies, - including through multi-agency funding opportunities, - on regional innovation strategies. - ``(B) Small businesses.--The Secretary shall ensure - that such collaboration with Federal agencies - prioritizes the needs and challenges of small - businesses. - ``(f) Evaluation.-- - ``(1) In general.--Not later than 5 years after Congress - first appropriates funds to carry out this section, the - Secretary shall competitively award a contract with an - independent entity to conduct an evaluation of programs - established under this section. - ``(2) Requirements.--The evaluation conducted under - paragraph (1) shall include-- - ``(A) an assessment of whether the program is - achieving its goals; - ``(B) the program's efficacy in providing awards to - geographically diverse entities; - ``(C) any recommendations for how the program may - be improved; and - ``(D) a recommendation as to whether the program - should be continued or terminated. - ``(g) Reporting Requirement.--Not later than 5 years after the -first grant is awarded under subsection (c), and every 5 years -thereafter until 5 years after the last grant recipient completes the -regional innovation initiative for which such grant was awarded, the -Secretary shall submit a report to Congress that describes the outcome -of each regional innovation initiative that was completed during the -previous 5 years. - ``(h) Funding.--From amounts appropriated by Congress for economic -development assistance authorized under section 27 of the Stevenson- -Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), the -Secretary may use up to $50,000,000 in each of the fiscal years 2020 -through 2024 to carry out this section.''. - -SEC. 6010. 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. - -SEC. 6011. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE - EFFECTS OF CONTINUING RESOLUTIONS ON READINESS AND - PLANNING OF THE DEPARTMENT OF DEFENSE. - - (a) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Comptroller General of the United States -shall submit to the congressional defense committees a report setting -forth a description and assessment of the effects of continuing -resolutions on readiness and planning of the Department of Defense. - (b) Elements.--The report required by subsection (a) shall address -the following: - (1) The extent to which the acquisition of goods and - services, the support of operational systems, and the - stewardship of installations and facilities by the Department - of Defense are impacted by continuing resolutions, including - the following: - (A) The extent to which continuing resolutions - negatively impact contract fidelity, including - Department purchasing power, and Department leverage in - non-pecuniary contract terms such as contract type and - delivery date. - (B) The extent to which the Department pays more, - all other things being equal, because of frequent - continuing resolutions. - (C) An estimate of the total decrease in Department - purchasing power as a result of continuing resolutions. - (D) The extent to which continuing resolutions - negatively impact Department maintenance work. - (2) The effects of preparations for and operations of - Department personnel under continuing resolutions, including - the following: - (A) The time spent by Senior Executive Service - personnel and general and flag officers in preparations - for and responses to the enactment of continuing - resolutions, set forth by average per year and average - per continuing resolution. - (B) The time spent by other Department personnel in - preparations for and implementation of continuing - resolutions. - (C) The extent to which Department personnel take - more time to focus on budget execution under a - continuing resolution when compared with a full year - appropriation. - (D) The extent to which continuing resolutions - negatively impact the ability of managers at the - Department to hire. - (3) The funding issues of the Department associated with - continuing resolutions, including the extent to which the - Department has requested so-called ``anomalies'' or exceptions - to limitations on duration, amount, or purposes of funds that - otherwise apply to interim funding under continuing - resolutions, including the following (beginning with fiscal - year 2010): - (A) The number and absolute value of programs - affected by continuing resolutions restrictions on new - starts. - (B) The number and absolute value of programs - affected by continuing resolutions restrictions on - production increases. - (C) The number and absolute value of such - exceptions requested by the Department. - (D) The percentage of such exceptions, in both - numbers and dollar amount, included in continuing - resolutions. - (E) The total cumulative delay due to continuing - resolutions in programs funded through procurement or - research, development, test, and evaluation. - (F) The amount by which the budget of the - Department has been misaligned either between or within - accounts due to continuing resolutions, set forth by - budget category 050 and amount, together with - adjustments for length of the continuing resolution - concerned. - (c) Continuing Resolution Defined.--In this section, the term -``continuing resolution'' means a continuing resolution or similar -partial-year appropriation providing funds for the Department of -Defense pending enactment of a full-year appropriation for the -Department. - -SEC. 6012. 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 circumstances 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. - -SEC. 6013. REPORT ON IMPACT OF LIBERIAN NATIONALS ON THE NATIONAL - SECURITY, FOREIGN POLICY, AND ECONOMIC AND HUMANITARIAN - INTERESTS OF THE UNITED STATES AND A JUSTIFICATION FOR - ADJUSTMENT OF STATUS OF QUALIFYING LIBERIANS TO THAT OF - LAWFUL PERMANENT RESIDENTS. - - (a) Findings.--Congress makes the following findings: - (1) In 1989, a seven-year civil war broke out in Liberia - that-- - (A) claimed the lives of an estimated 200,000 - people; - (B) displaced over \1/2\ of the Liberian - population; - (C) halted food production; and - (D) destroyed the infrastructure and economy of - Liberia. - (2) A second civil war then followed from 1999 to 2003, - further destabilizing Liberia and creating more turmoil and - hardship for Liberians. - (3) In total, the two civil wars in Liberia killed up to an - estimated \1/4\ million individuals. - (4) From 2014 to 2016, Liberia faced an Ebola virus - outbreak that devastated the fragile health system of Liberia - and killed nearly 5,000 individuals. - (5) As a result of these devastating events, thousands of - Liberians sought refuge in the United States, living and - working here under Temporary Protected Status (TPS) and - Deferred Enforced Departure (DED), extended under both - Republican and Democratic administrations beginning in 1991 - with the administration of President George H. W. Bush. - (6) These law-abiding and taxpaying Liberians have made - homes in the United States, have worked hard, played by the - rules, paid their dues, and submitted to rigorous vetting. Many - such Liberians have United States citizen children who have - served in the Armed Forces, and in some cases have themselves - served in that capacity. - (7) The Liberian community in the United States has also - contributed greatly to private sector investment and - socioeconomic assistance in Liberia by providing remittances to - relatives in Liberia. - (8) While there was a positive development in 2017 with the - first democratic transfer of power in more than 70 years, the - Department of State has identified the capital and most - populous city of Liberia, Monrovia, as being a critical-threat - location for crime. Access to healthcare remains limited, - critical infrastructure is lacking, and widespread corruption - coupled with low wages and a weak economic recovery has left - the country vulnerable to civil unrest. - (b) Report.-- - (1) In general.--Not later than December 31, 2019, the - Secretary of Defense, in consultation with the Secretary of - State, shall submit to the congressional defense committees a - report on the impact of Liberian nationals on the national - security, foreign policy, and economic, and humanitarian - interests of the United States and a justification for - adjustment of status of qualifying Liberians to that of lawful - permanent residents. - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) The number of current or former Liberian - nationals and their children who have served or are - currently serving in the Armed Forces. - (B) The amount of remittances sent by current or - former Liberian nationals to relatives in Liberia and - an assessment of the impact on the economic development - of Liberia if these remittances were to cease. - (C) The economic and tax contributions that - Liberian nationals and their children have made to the - United States. - (D) An assessment of the impact on the United - States of adjusting the status of Liberian nationals - who have continuous physical presence in the United - States beginning on November 20, 2014, and ending on - the date of the enactment of this Act, or for adjusting - the status of the spouses, children, and unmarried sons - or daughters of such Liberian nationals. - (c) Qualifying Liberian.-- - (1) In general.--In this section, the term ``qualifying - Liberian'' means and alien (as defined in section 101(a) of the - Immigration and Nationality Act (8 U.S.C. 1101(a)) who-- - (A)(i) is a national of Liberia; and - (ii) has been continuously present in the United - States during the period beginning on November 20, - 2014, and ending on the date of the enactment of this - Act; - (B) is the spouse, child, or unmarried son or - daughter of an alien described in subparagraph (A); - (C) is otherwise eligible to receive an immigrant - visa; and - (D) is admissible to the United States for - permanent residence, except that the grounds of - inadmissibility specified in paragraphs (4), (5), - (6)(A), and (7)(A) of section 212(a) of the Immigration - and Nationality Act (8 U.S.C. 1182(a)) shall not apply. - (2) Exceptions.--The term ``qualifying Liberian'' does not - include any alien who-- - (A) has been convicted of any aggravated felony; - (B) has been convicted of 2 or more crimes - involving moral turpitude (other than a purely - political offense); or - (C) has ordered, incited, assisted, or otherwise - participated in the persecution of any person on - account of race, religion, nationality, membership in a - particular social group, or political opinion. - (3) Determination of continuous physical presence.--For - purposes of establishing the period of continuous physical - presence referred to in paragraph (1)(A)(ii), an alien shall - not be considered to have failed to maintain continuous - physical presence based on 1 or more absences from the United - States for 1 or more periods amounting, in the aggregate, to - not more than 180 days. - -SEC. 6014. IMPROVING QUALITY OF INFORMATION IN BACKGROUND INVESTIGATION - REQUEST PACKAGES. - - (a) Report on Metrics and Best Practices.--Not later than 180 days -after the date of the enactment of this Act, the Director of the -Defense Counterintelligence and Security Agency, which serves as the -primary executive branch service provider for background investigations -for eligibility for access to classified information, eligibility to -hold a sensitive position, and for suitability and fitness for other -matters pursuant to Executive Order 13467 (50 U.S.C. 3161 note; -relating to reforming processes related to suitability for Government -employment, fitness for contractor employees, and eligibility for -access to classified national security information), shall, in -consultation with the Security, Suitability, and Credentialing -Performance Accountability Council established under such executive -order, submit to Congress a report on-- - (1) metrics for assessing the completeness and quality of - packages for background investigations submitted by agencies - requesting background investigations from the Defense - Counterintelligence and Security Agency; - (2) rejection rates of background investigation submission - packages due to incomplete or erroneous data, by agency; and - (3) best practices for ensuring full and complete - information in background investigation requests. - (b) Annual Report on Performance.--Not later than 270 days after -the date of the enactment of this Act and not less frequently than once -each year thereafter, the Security, Suitability, and Credentialing -Performance Accountability Council shall submit to Congress a report on -performance against the metrics and return rates identified in -paragraphs (1) and (2) of subsection (a). - (c) Improvement Plans.-- - (1) Identification.--Not later than one year after the date - of the enactment of this Act, executive agents under Executive - Order 13467 (50 U.S.C. 3161 note) shall identify agencies in - need of improvement with respect to the quality of the - information in the background investigation submissions of the - agencies as reported in subsection (b). - (2) Plans.--Not later than 90 days after an agency is - identified under paragraph (1), the head of the agency shall - provide the executive agents referred to in such paragraph with - a plan to improve the performance of the agency with respect to - the quality of the information in the agency's background - investigation submissions. - -SEC. 6015. 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.''. - -SEC. 6016. SENSE OF CONGRESS ON THE NAMING OF A NAVAL VESSEL IN HONOR - OF SENIOR CHIEF PETTY OFFICER SHANNON KENT. - - (a) Findings.--Congress makes the following findings: - (1) Senior Chief Petty Officer Shannon M. Kent was born in - Owego, New York. - (2) Senior Chief Petty Officer Kent enlisted in the United - States Navy on December 10, 2003. - (3) Senior Chief Petty Officer Kent was fluent in four - languages and four dialects of Arabic. - (4) Senior Chief Petty Officer Kent served five combat - tours throughout 15 years of service in the Navy. - (5) On January 16, 2019, at 35 years of age, Senior Chief - Petty Officer Kent was killed in a suicide bombing in Manbij, - Syria, while supporting Joint Task Force-Operation Inherent - Resolve. - (6) Senior Chief Petty Officer Kent was the recipient of - the Bronze Star, the Purple Heart, two Joint Service - Commendation Medals, the Navy and Marine Corps Commendation - Medal, the Army Commendation Medal, and the Joint Service - Achievement Medal, among other decorations and awards. - (7) Senior Chief Petty Officer Kent was among the first - women to deploy with Special Operations Forces and was the - first female to graduate from the hard skills program for non- - SEALs. - (8) Senior Chief Petty Officer Kent is survived by her - husband and two children. - (b) Sense of Congress.--It is the sense of Congress that the -Secretary of the Navy should name the next available naval vessel -appropriate for such name in honor of Senior Chief Petty Officer -Shannon Kent. - -SEC. 6017. AUTHORIZATION OF APPROPRIATIONS FOR DEFENSE PRODUCTION ACT - OF 1950. - - Section 711 of the Defense Production Act of 1950 (50 U.S.C. 4561) -is amended by striking ``$133,000,000'' and all that follows and -inserting the following: ``for the carrying out of the provisions and -purposes of this Act by the President and such agencies as he may -designate or create-- - ``(1) $250,000,000 for each of fiscal years 2020 through - 2024; and - ``(2) $133,000,000 for fiscal year 2025 and each fiscal - year thereafter.''. - -SEC. 6018. INVESTMENT IN SUPPLY CHAIN SECURITY UNDER DEFENSE PRODUCTION - ACT OF 1950. - - (a) In General.--Section 303 of the Defense Production Act of 1950 -(50 U.S.C. 4533) is amended by adding at the end the following: - ``(h) Investment in Supply Chain Security.-- - ``(1) In general.--The President may make available to an - eligible entity described in paragraph (2) payments to increase - the security of supply chains and supply chain activities, if - the President certifies to Congress not less than 30 days - before making such a payment that the payment is in the - national security interests of the United States. - ``(2) Eligible entity.--An eligible entity described in - this paragraph is an entity that-- - ``(A) is organized under the laws of the United - States or any jurisdiction within the United States; - and - ``(B) produces-- - ``(i) one or more critical components; - ``(ii) critical technology; or - ``(iii) one or more products for the - increased security of supply chains or supply - chain activities. - ``(3) Definitions.--In this subsection, the terms `supply - chain' and `supply chain activities' have the meanings given - those terms by the President by regulation under section - 6019(b) of the National Defense Authorization Act for Fiscal - Year 2020.''. - (b) Regulations.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the President shall prescribe - regulations setting forth definitions for the terms ``supply - chain'' and ``supply chain activities'' for the purposes of - section 303(h) of the Defense Production Act of 1950 (50 U.S.C. - 4533(h)), as added by subsection (a). - (2) Scope of definitions.--The definitions required by - paragraph (1)-- - (A) shall encompass-- - (i) the organization, people, activities, - information, and resources involved in the - delivery and operation of a product or service - used by the Government; or - (ii) critical infrastructure as defined in - Presidential Policy Directive 21 (February 12, - 2013; relating to critical infrastructure - security and resilience); and - (B) may include variations for specific sectors or - Government functions. - -SEC. 6019. AVIATION WORKFORCE DEVELOPMENT. - - (a) In General.--Section 625(c)(1) of the FAA Reauthorization Act -of 2018 (Public Law 115-254) is amended-- - (1) in subparagraph (C), by striking ``or'' after the - semicolon; - (2) in subparagraph (D), by striking the period and - inserting ``; or''; and - (3) by adding at the end the following: - ``(E) an organization representing aircraft users, - aircraft owners, or aircraft pilots.''. - (b) Effective Date.--The amendments made by subsection (a) shall -take effect as if included in the enactment of the FAA Reauthorization -Act of 2018 (Public Law 115-254). - -SEC. 6020. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA. - - (a) Findings.--Congress finds that-- - (1) the Little Shell Tribe of Chippewa Indians is a - political successor to signatories of the Pembina Treaty of - 1863, under which a large area of land in the State of North - Dakota was ceded to the United States; - (2) the Turtle Mountain Band of Chippewa of North Dakota - and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of - Montana, which also are political successors to the signatories - of the Pembina Treaty of 1863, have been recognized by the - Federal Government as distinct Indian tribes; - (3) the members of the Little Shell Tribe continue to live - in the State of Montana, as their ancestors have for more than - 100 years since ceding land in the State of North Dakota as - described in paragraph (1); - (4) in the 1930s and 1940s, the Tribe repeatedly petitioned - the Federal Government for reorganization under the Act of June - 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the - ``Indian Reorganization Act''); - (5) Federal agents who visited the Tribe and Commissioner - of Indian Affairs John Collier attested to the responsibility - of the Federal Government for the Tribe and members of the - Tribe, concluding that members of the Tribe are eligible for, - and should be provided with, trust land, making the Tribe - eligible for reorganization under the Act of June 18, 1934 (25 - U.S.C. 5101 et seq.) (commonly known as the ``Indian - Reorganization Act''); - (6) due to a lack of Federal appropriations during the - Depression, the Bureau of Indian Affairs lacked adequate - financial resources to purchase land for the Tribe, and the - members of the Tribe were denied the opportunity to reorganize; - (7) in spite of the failure of the Federal Government to - appropriate adequate funding to secure land for the Tribe as - required for reorganization under the Act of June 18, 1934 (25 - U.S.C. 5101 et seq.) (commonly known as the ``Indian - Reorganization Act''), the Tribe continued to exist as a - separate community, with leaders exhibiting clear political - authority; - (8) the Tribe, together with the Turtle Mountain Band of - Chippewa of North Dakota and the Chippewa-Cree Tribe of the - Rocky Boy's Reservation of Montana, filed 2 law suits under the - Act of August 13, 1946 (60 Stat. 1049) (commonly known as the - ``Indian Claims Commission Act''), to petition for additional - compensation for land ceded to the United States under the - Pembina Treaty of 1863 and the McCumber Agreement of 1892; - (9) in 1971 and 1982, pursuant to Acts of Congress, the - tribes received awards for the claims described in paragraph - (8); - (10) in 1978, the Tribe submitted to the Bureau of Indian - Affairs a petition for Federal recognition, which is still - pending as of the date of enactment of this Act; and - (11) the Federal Government, the State of Montana, and the - other federally recognized Indian tribes of the State have had - continuous dealings with the recognized political leaders of - the Tribe since the 1930s. - (b) Definitions.--In this section: - (1) Member.--The term ``member'' means an individual who is - enrolled in the Tribe pursuant to subsection (f). - (2) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - (3) Tribe.--The term ``Tribe'' means the Little Shell Tribe - of Chippewa Indians of Montana. - (c) Federal Recognition.-- - (1) In general.--Federal recognition is extended to the - Tribe. - (2) Effect of federal laws.--Except as otherwise provided - in this section, all Federal laws (including regulations) of - general application to Indians and Indian tribes, including the - Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known - as the ``Indian Reorganization Act''), shall apply to the Tribe - and members. - (d) Federal Services and Benefits.-- - (1) In general.--Beginning on the date of enactment of this - Act, the Tribe and each member shall be eligible for all - services and benefits provided by the United States to Indians - and federally recognized Indian tribes, without regard to-- - (A) the existence of a reservation for the Tribe; - or - (B) the location of the residence of any member on - or near an Indian reservation. - (2) Service area.--For purposes of the delivery of services - and benefits to members, the service area of the Tribe shall be - considered to be the area comprised of Blaine, Cascade, - Glacier, and Hill Counties in the State of Montana. - (e) Reaffirmation of Rights.-- - (1) In general.--Nothing in this section diminishes any - right or privilege of the Tribe or any member that existed - before the date of enactment of this Act. - (2) Claims of tribe.--Except as otherwise provided in this - section, nothing in this section alters or affects any legal or - equitable claim of the Tribe to enforce any right or privilege - reserved by, or granted to, the Tribe that was wrongfully - denied to, or taken from, the Tribe before the date of - enactment of this Act. - (f) Membership Roll.-- - (1) In general.--As a condition of receiving recognition, - services, and benefits pursuant to this section, the Tribe - shall submit to the Secretary, by not later than 18 months - after the date of enactment of this Act, a membership roll - consisting of the name of each individual enrolled as a member - of the Tribe. - (2) Determination of membership.--The qualifications for - inclusion on the membership roll of the Tribe shall be - determined in accordance with sections 1 through 3 of article 5 - of the constitution of the Tribe dated September 10, 1977 - (including amendments to the constitution). - (3) Maintenance of roll.--The Tribe shall maintain the - membership roll under this subsection. - (g) Acquisition of Land.-- - (1) Homeland.--The Secretary shall acquire, for the benefit - of the Tribe, trust title to 200 acres of land within the - service area of the Tribe to be used for a tribal land base. - (2) Additional land.--The Secretary may acquire additional - land for the benefit of the Tribe pursuant to section 5 of the - Act of June 18, 1934 (25 U.S.C. 5108) (commonly known as the - ``Indian Reorganization Act''). - -SEC. 6021. PENSACOLA DAM AND RESERVOIR, GRAND RIVER, OKLAHOMA. - - (a) Purpose.--The purpose of this section is to clarify Federal -authorities and responsibilities relating to the Pensacola Dam and -Reservoir. - (b) Definitions.--In this section: - (1) Commission.--The term ``Commission'' means the Federal - Energy Regulatory Commission. - (2) Conservation pool.--The term ``conservation pool'' - means all land and water of Grand Lake O' the Cherokees, - Oklahoma, below elevation 745 feet (Pensacola Datum). - (3) Flood pool.--The term ``flood pool'' means all land and - water of Grand Lake O' the Cherokees, Oklahoma, between - elevation 745 feet and elevation 755 feet (Pensacola Datum). - (4) Project.--The term ``project'' means the Pensacola - Hydroelectric Project (FERC No. 1494). - (5) Secretary.--The term ``Secretary'' means the Secretary - of the Army. - (c) Conservation Pool Management.-- - (1) Federal land.--Notwithstanding section 3(2) of the - Federal Power Act (16 U.S.C. 796(2)), Federal land within the - project boundary, including any right, title, or interest in or - to land held by the United States for any purpose, shall not be - considered to be-- - (A) a reservation for purposes of section 4(e) of - that Act (16 U.S.C. 797(e)); - (B) land or other property of the United States for - purposes of recompensing the United States for the use, - occupancy, or enjoyment of the land under section - 10(e)(1) of that Act (16 U.S.C. 803(e)(1)); or - (C) land of the United States for purposes of - section 24 of that Act (16 U.S.C. 818). - (2) License conditions.-- - (A) In general.--Notwithstanding any other - provision of law, the Commission shall not include in - any license for the project any condition or other - requirement relating to-- - (i) surface elevations of the conservation - pool; or - (ii) the flood pool (except to the extent - it references flood control requirements - prescribed by the Secretary); or - (iii) land or water above an elevation of - 750 feet (Pensacola Datum) - (B) Exception.--Notwithstanding subparagraph - (A)(i), the Commission shall, in consultation with the - licensee, prescribe flexible target surface elevations - of the conservation pool to the extent necessary for - the protection of life, health, property, or the - environment. - (3) Project scope.-- - (A) Licensing jurisdiction.--The licensing - jurisdiction of the Commission for the project shall - not extend to any land or water outside the project - boundary. - (B) Outside infrastructure.--Any land, water, or - physical infrastructure or other improvement outside - the project boundary shall not be considered to be part - of the project. - (C) Boundary amendment.-- - (i) In general.--The Commission shall amend - the project boundary only on request of the - project licensee. - (ii) Denial of request.--The Commission may - deny a request to amend a project boundary - under clause (i) if the Commission determines - that the request is inconsistent with the - requirements of part I of the Federal Power Act - (16 U.S.C. 792 et seq.). - (d) Flood Pool Management.-- - (1) Exclusive jurisdiction.--Notwithstanding any other - provision of law, the Secretary shall have exclusive - jurisdiction and responsibility for management of the flood - pool for flood control operations at Grand Lake O' the - Cherokees. - (2) Property acquisition.--If a feasibility study or other - investigation determines that flood control operations at or - associated with Pensacola Dam, including any backwater effect, - may result in the inundation of, or damage to, land outside the - project boundary to which the United States does not hold - flowage rights or holds insufficient flowage rights, the - project licensee shall not have any obligation to obtain or - enhance those flowage rights. - (e) Savings Provision.--Nothing in this section affects, with -respect to the project-- - (1) any authority or obligation of the Secretary or the - Chief of Engineers pursuant to section 2 of the Act of June 28, - 1938 (commonly known as the ``Flood Control Act of 1938'') (33 - U.S.C. 701c-1); - (2) any authority of the Secretary or the Chief of - Engineers pursuant to section 7 of the Act of December 22, 1944 - (commonly known as the ``Flood Control Act of 1944'') (33 - U.S.C. 709); - (3) any obligation of the United States to obtain flowage - or other property rights pursuant to the Act of July 31, 1946 - (60 Stat. 743, chapter 710); - (4) any obligation of the United States to acquire flowage - or other property rights for additional reservoir storage - pursuant to Executive Order 9839 (12 Fed. Reg. 2447; relating - to the Grand River Dam Project); - (5) any authority of the Secretary to acquire real property - interest pursuant to section 560 of the Water Resources - Development Act of 1996 (Public Law 104-303; 110 Stat. 3783); - (6) any obligation of the Secretary to conduct and pay the - cost of a feasibility study pursuant to section 449 of the - Water Resources Development Act of 2000 (Public Law 106-541; - 114 Stat. 2641); - (7) the National Flood Insurance Program established under - the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et - seq.), including any policy issued under that Act; or - (8) any disaster assistance made available under the Robert - T. Stafford Disaster Relief and Emergency Assistance Act (42 - U.S.C. 5121 et seq.) or other Federal disaster assistance - program. - - TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS - -SEC. 6201. STATEMENT OF POLICY AND SENSE OF SENATE ON MUTUAL DEFENSE - TREATY WITH THE REPUBLIC OF THE PHILIPPINES. - - (a) Statement of Policy.--It is the policy of the United States -that-- - (1) while the United States has long adopted an approach - that takes no position on the ultimate disposition of the - disputed sovereignty claims in the South China Sea, disputing - States should-- - (A) resolve their disputes peacefully without the - threat or use of force; and - (B) ensure that their maritime claims are - consistent with international law; and - (2) an attack on the armed forces, public vessels, or - aircraft of the Republic of the Philippines in the Pacific, - including the South China Sea, would trigger the mutual defense - obligations of the United States under Article IV of the Mutual - Defense Treaty between the Republic of the Philippines and the - United States of America, done at Washington August 30, 1951, - ``to meet common dangers in accordance with its constitutional - processes''. - (b) Sense of Senate.--It is the sense of the Senate that the -Secretary of State and the Secretary of Defense should-- - (1) affirm the commitment of the United States to the - Mutual Defense Treaty between the United States and the - Republic of the Philippines; - (2) preserve and strengthen the alliance of the United - States with the Republic of the Philippines; - (3) prioritize efforts to develop a shared understanding of - alliance commitments and defense planning; and - (4) provide appropriate support to the Republic of the - Philippines to strengthen the self-defense capabilities of the - Republic of the Philippines, particularly in the maritime - domain. - -SEC. 6202. 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. - -SEC. 6203. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY FOR GLOBAL SECURITY - CONTINGENCY FUND. - - (a) Ineffectiveness of Section 1203.--Section 1203, and the -amendments made by that section, shall have no force or effect. - (b) Two-year Extension and Availability of Funds.--Section 1207 of -the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. -2151 note) is amended-- - (1) in subsection (i)-- - (A) in paragraph (1), by striking ``September 30, - 2019'' and inserting ``September 30, 2021''; and - (B) by amending paragraph (2) to read as follows: - ``(2) Exception.--Amounts appropriated and transferred to - the Fund before September 30, 2019, shall remain available for - obligation and expenditure after that date, but only for - activities under programs commenced under subsection (b) before - September 30, 2019.''; and - (2) in subsection (o)-- - (A) in the first sentence, by striking ``September - 30, 2019'' and inserting ``September 30, 2021''; and - (B) in the second sentence, by striking ``through - 2019'' and inserting ``through 2021''. - -SEC. 6204. 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. - -SEC. 6205. UNITED STATES-INDIA DEFENSE COOPERATION IN THE WESTERN - INDIAN OCEAN. - - (a) Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense shall - submit to the relevant congressional committees a report on - defense cooperation between the United States and India in the - Western Indian Ocean. - (2) Matters to be included.--The report required by - paragraph (1) shall include the following: - (A) A description of military activities of the - United States and India, separately, in the Western - Indian Ocean. - (B) A description of military cooperation - activities between the United States and India in the - areas of humanitarian assistance, counter terrorism, - counter piracy, maritime security, and other areas as - the Secretary determines appropriate. - (C) A description of how the relevant geographic - combatant commands coordinate their activities with the - Indian military in the Western Indian Ocean. - (D) A description of the mechanisms in place to - ensure the relevant geographic combatant commands - maximize defense cooperation with India in the Western - Indian Ocean. - (E) Areas of future opportunity to increase - military engagement with India in the Western Indian - Ocean. - (3) Form.--The report required by paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. - (b) Military Cooperation Agreements; Conduct of Regular Joint -Military Training and Operations.--The Secretary of Defense is -authorized to enter into military cooperation agreements and to conduct -regular joint military training and operations with India in the -Western Indian Ocean on behalf of the United States Government, and -after consultation with the Secretary of State. - (c) Mechanisms to Maximize Defense Cooperation.--The Secretary of -Defense shall ensure that the relevant geographic combatant commands -have proper mechanisms in place to maximize defense cooperation with -India in the Western Indian Ocean. - (d) Definitions.--In this section: - (1) Relevant congressional committees.--The term ``relevant - congressional committees'' means-- - (A) the Committee on Foreign Affairs, the Committee - on Armed Services, and the Committee on Appropriations - of the House of Representatives; and - (B) the Committee on Foreign Relations, the - Committee on Armed Services, and the Committee on - Appropriations of the Senate. - (2) Relevant geographic combatant commands.--The term - ``relevant geographic combatant commands'' means the United - States Indo-Pacific Command, United States Central Command, and - United States Africa Command. - (3) Western indian ocean.--The term ``Western Indian - Ocean'' means the area in the Indian Ocean extending from the - west coast of India to the east coast of Africa. - -SEC. 6206. 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). - -SEC. 6207. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES WITH - CERTAIN BENEFICIAL OWNERSHIP STRUCTURES. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Commerce, in consultation with -the heads of appropriate agencies, shall submit to the appropriate -congressional committees a report on addressing the threat or potential -threat posed by the export, reexport, or in-country transfer of -satellites described in section 1261(c)(1) of the National Defense -Authorization Act for Fiscal Year 2013 (Public Law 112-239; 22 U.S.C. -2778 note) to entities described in subsection (b). - (b) Entities Described.-- - (1) In general.--An entity described in this subsection is - an entity the beneficial owner of which is-- - (A) an individual who is a citizen or national of a - country described in section 1261(c)(2) of the National - Defense Authorization Act for Fiscal Year 2013; - (B) an entity organized under the laws of or - otherwise subject to the jurisdiction of such a - country; - (C) the government of such a country; or - (D) any other individual or entity the Secretary - determines may detrimentally affect the national - security of the United States. - (2) Determination of beneficial ownership.--For purposes of - paragraph (1), the Secretary shall identify a person as the - beneficial owner of an entity-- - (A) in a manner that is not less stringent than the - manner set forth in section 240.13d-3 of title 17, Code - of Federal Regulations (as in effect on the date of the - enactment of this Act); and - (B) based on a threshold, to be determined by the - Secretary, based on an assessment of whether the - person's position would give the person an opportunity - to control the use of a satellite described in section - 1261(c)(1) of the National Defense Authorization Act - for Fiscal Year 2013 and exported, reexported, or - transferred in country to the entity. - (c) Elements.--The report required by subsection (a) shall include -the following: - (1) An evaluation of whether satellites described in - section 1261(c)(1) of the National Defense Authorization Act - for Fiscal Year 2013 have been exported, reexported, or - transferred in-country, directly or indirectly, to entities - described in subsection (b). - (2) An examination of the effect on national security of - the potential export, reexport, or in-country transfer of - satellites in compliance with section 1261(c) of the National - Defense Authorization Act for Fiscal Year 2013 in circumstances - in which the services, bandwidth, or functions of the - satellites could subsequently be leased or sold to, or - otherwise used by, an entity described in subsection (b). - (3) An examination of the effect on national security of - not limiting the export, reexport, or in-country transfer of - such satellites to entities described in subsection (b). - (4) Recommendations for, and an assessment of the - effectiveness of, a licensing condition that would prohibit or - limit the export, reexport, or in-country transfer of such - satellites to, or the use of such satellites by, entities - described in subsection (b). - (5) An assessment, based on realistic and justifiable - assumptions and forecasts, of the economic implications of and - potential harm caused by a licensing condition described in - paragraph (4) on the United States industries that develop or - produce satellites and commercial telecommunications equipment - that do not have direct national security ties, including any - costs identified under paragraph (3). - (6) An evaluation of the resources necessary to ensure the - ability of the Bureau of Industry and Security of the - Department of Commerce-- - (A) to adequately identify and analyze the - beneficial owners of entities in decisions relating - to-- - (i) issuing licenses for the export, - reexport, or in-country transfer of such - satellites to such entities; or - (ii) the ultimate end uses and end-users of - such satellites; and - (B) when evaluating such a decision-- - (i) to have full knowledge of the potential - end-user of the satellite and the current - beneficial owner of the entity; and - (ii) to be able to determine whether - issuing the license would be inconsistent with - the goal of preventing entities described in - subsection (b) from accessing or using such - satellites. - (d) Form.--The report required by subsection (a) shall be submitted -in unclassified form, but may include a classified annex. - (e) Appropriate Congressional Committees Defined.--In this section, -the term ``appropriate congressional committees'' means-- - (1) the Committee on Armed Services, the Committee on - Banking, Housing, and Urban Affairs, the Committee on Commerce, - Science, and Transportation, the Committee on Foreign - Relations, and the Select Committee on Intelligence of the - Senate; and - (2) the Committee on Armed Services, the Committee on - Financial Services, the Committee on Energy and Commerce, the - Committee on Foreign Affairs, and the Permanent Select - Committee on Intelligence of the House of Representatives. - -SEC. 6208. SENSE OF CONGRESS ON HONG KONG PORT VISITS. - - It is the sense of Congress that the Department of Defense should -continue to make regular requests to the Government of the People's -Republic of China for the Navy to conduct port calls to Hong Kong, -including United States aircraft carrier visits. - -SEC. 6209. SENSE OF CONGRESS ON POLICY TOWARD HONG KONG. - - (a) Findings.--Congress makes the following findings: - (1) The United States policy toward Hong Kong is guided by - the United States-Hong Kong Policy Act of 1992 (Public Law 102- - 383; 106 Stat. 1448) (referred to in this section as the - ``Act''), which reaffirms that ``The Hong Kong Special - Administrative Region of the People's Republic of China, - beginning on July 1, 1997, will continue to enjoy a high degree - of autonomy on all matters other than defense and foreign - affairs.''. - (2) The Act furthermore states that ``The human rights of - the people of Hong Kong are of great importance to the United - States and are directly relevant to United States interests in - Hong Kong.''. - (3) Pursuant to section 301 of the Act (22 U.S.C. 5731), - the annual report issued by the Department of State on - developments in Hong Kong (referred to in this section as the - ``Report''), released on March 21, 2019, states that - ``Cooperation between the United States Government and the Hong - Kong government remains broad and effective in many areas, - providing significant benefits to the United States economy and - homeland security.''. - (4) The Report states that ``the Chinese mainland central - government implemented or instigated a number of actions that - appeared inconsistent with China's commitments in the Basic - Law, and in the Sino-British Joint Declaration of 1984, to - allow Hong Kong to exercise a high degree of autonomy.''. - (5) The Report furthermore states that the ``Hong Kong - authorities took actions aligned with mainland priorities at - the expense of human rights and fundamental freedoms. There - were particular setbacks in democratic electoral processes, - freedom of expression, and freedom of association.''. - (6) On June 10, 2019, the spokesporson for the Department - of State issued a statement expressing ``grave concern about - the Hong Kong government's proposed amendments to its Fugitive - Offenders Ordinance, which, if passed, would permit Chinese - authorities to request the extradition of individuals to - mainland China.''. - (7) According to media reports, in June 2019, over - 1,000,000 residents of Hong Kong have taken part in - demonstrations against the proposed amendments to the Fugitive - Offenders Ordinance. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) the government of the People's Republic of China and - the Hong Kong Special Administrative Region of the People's - Republic of China authorities should immediately cease taking - all actions that undermine Hong Kong's autonomy and negatively - impact the protections of fundamental human rights, freedoms, - and democratic values of the people of Hong Kong, as enshrined - in the Act, Hong Kong's Basic Law of 1997, and the Sino-British - Joint Declaration of 1984; - (2) the Hong Kong Special Administrative Region of the - People's Republic of China authorities should immediately - withdraw from consideration the proposed amendments to its - Fugitive Offenders Ordinance and refrain from any unwarranted - use of force against the protestors that is inconsistent with - internationally recognized law enforcement best practices; and - (3) the United States should impose financial sanctions, - visa bans, and other punitive economic measures against all - individuals or entities violating the fundamental human rights - and freedoms of the people of Hong Kong, consistent with United - States and international law. - -SEC. 6210. EXTENSION AND MODIFICATION OF LIMITATION ON MILITARY - COOPERATION BETWEEN THE UNITED STATES AND THE RUSSIAN - FEDERATION. - - Section 1232(a) of the National Defense Authorization Act for -Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), as most recently -amended by section 1247 of the John S. McCain National Defense -Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further -amended-- - (1) in the matter preceding paragraph (1), by striking - ``fiscal year 2017, 2018, or 2019'' and inserting ``fiscal year - 2017, 2018, 2019, or 2020''; - (2) in paragraph (1) by striking ``; and''; - (3) in paragraph (2) by striking the period at the end and - inserting ``; and''; and - (4) by adding at the end the following new paragraph: - ``(3) the Russian Federation has released the 24 Ukrainian - sailors captured in the Kerch Strait on November 25, 2018.''. - -SEC. 6211. REVIEW AND REPORT ON OBLIGATIONS OF THE UNITED STATES UNDER - TAIWAN RELATIONS ACT. - - (a) Sense of Congress.--It is the sense of Congress that-- - (1) Taiwan is a vital partner of the United States and a - critical element of the free and open Indo-Pacific region; - (2) for 40 years, the Taiwan Relations Act (22 U.S.C. 3301 - et seq.) has secured peace, stability, and prosperity and - provided enormous benefits to the United States, Taiwan, and - the Indo-Pacific region; and - (3) the United States should reaffirm that the policy of - the United States toward diplomatic relations with the People's - Republic of China rests upon the expectation that the future of - Taiwan will be determined by peaceful means, as described in - that Act (22 U.S.C. 3301 et seq.). - (b) Review.--The Secretary of Defense, in coordination with the -Secretary of State, shall conduct a review of-- - (1) whether, and the means by which, as applicable, the - Government of the People's Republic of China is affecting, - including through military, economic, information, digital, - diplomatic, or any other form of coercion-- - (A) the security, or the social and economic - system, of the people of Taiwan; - (B) the military balance of power between the - People's Republic of China and Taiwan; or - (C) the expectation that the future of Taiwan will - continue to be determined by peaceful means; and - (2) the role of United States policy toward Taiwan with - respect to the implementation of the 2017 National Security - Strategy and the 2018 National Defense Strategy. - (c) Report.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Defense, in - coordination with the Secretary of State, shall provide to the - appropriate committees of Congress a report on the review under - subsection (b). - (2) Matters to be included.--The report under paragraph (1) - shall include the following: - (A) Recommendations on legislative changes or - Department of Defense or Department of State policy - changes necessary to ensure that the United States - continues to meets its obligations to Taiwan under the - Taiwan Relations Act (22 U.S.C. 3301 et seq.). - (B) Guidelines for-- - (i) new defense requirements, including - requirements relating to information and - digital space; - (ii) exchanges between senior-level - civilian and military officials of the United - States and Taiwan; and - (iii) the regular transfer of defense - articles, especially defense articles that are - mobile, survivable, and cost effective, to most - effectively deter attacks and support the - asymmetric defense strategy of Taiwan. - (d) 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. - -SEC. 6212. IMPLEMENTATION OF THE ASIA REASSURANCE INITIATIVE ACT WITH - REGARD TO TAIWAN ARMS SALES. - - (a) Findings.--Congress makes the following findings: - (1) The Department of Defense Indo-Pacific Strategy Report, - released on June 1, 2019, states: ``[T]he Asia Reassurance - Initiative Act, a major bipartisan legislation, was signed into - law by President Trump on December 31, 2018. This legislation - enshrines a generational whole-of-government policy framework - that demonstrates U.S. commitment to a free and open Indo- - Pacific region and includes initiatives that promote - sovereignty, rule of law, democracy, economic engagement, and - regional security.''. - (2) The Indo-Pacific Strategy Report further states: ``The - United States has a vital interest in upholding the rules-based - international order, which includes a strong, prosperous, and - democratic Taiwan. . .The Department [of Defense] is committed - to providing Taiwan with defense articles and services in such - quantity as may be necessary to enable Taiwan to maintain a - sufficient self-defense capability.''. - (3) Section 209(b) of the Asia Reassurance Initiative Act - of 2018 (Public Law 115-409), signed into law on December 31, - 2018-- - (A) builds on longstanding commitments enshrined in - the Taiwan Relations Act (22 U.S.C. 3301 et seq.) to - provide Taiwan with defense articles; and - (B) states: ``The President should conduct regular - transfers of defense articles to Taiwan that are - tailored to meet the existing and likely future threats - from the People's Republic of China, including - supporting the efforts of Taiwan to develop and - integrate asymmetric capabilities, as appropriate, - including mobile, survivable, and cost-effective - capabilities, into its military forces.''. - (b) Sense of Congress.--It is the sense of Congress that-- - (1) the Asia Reassurance Initiative Act of 2018 (Public Law - 115-409) has recommitted the United States to support the - close, economic, political, and security relationship between - the United States and Taiwan; and - (2) the United States should fully implement the provisions - of that Act with regard to regular defensive arms sales to - Taiwan. - (c) Briefing.--Not later than 30 days after the date of the -enactment of this Act, the Secretary of State and the Secretary of -Defense, or their designees, shall brief the appropriate committees of -Congress on the efforts to implement section 209(b) of the Asia -Reassurance Initiative Act of 2018 (Public Law 115-409). - (d) 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. - -SEC. 6213. NORTH ATLANTIC TREATY ORGANIZATION JOINT FORCES COMMAND. - - (a) In General.--Subchapter II of chapter 16 of title 10, United -States Code, is amended by adding at the end the following new section: -``Sec. 314 North Atlantic Treaty Organization Joint Forces Command - ``(a) Authorization.--The Secretary of Defense shall authorize the -establishment of, and the participation by members of the armed forces -in, the North Atlantic Treaty Organization Joint Forces Command (in -this section referred to as the `Joint Forces Command'), to be -established in the United States. - ``(b) Use of Department of Defense Facilities and Equipment.--The -Secretary may use facilities and equipment of the Department of Defense -to support the Joint Forces Command. - ``(c) Availability of Funds.--Amounts authorized to be appropriated -to the Department of Defense for fiscal year 2020 shall be available to -carry out the purposes of this section.''. - (b) Conforming Amendment.--The table of sections at the beginning -of subchapter II of chapter 16 of title 10, United States Code, is -amended by adding at the end the following new item: - -``314. North Atlantic Treaty Organization Joint Forces Command.''. - -SEC. 6214. REPORT ON MILITARY ACTIVITIES OF THE RUSSIAN FEDERATION AND - THE PEOPLE'S REPUBLIC OF CHINA IN THE ARCTIC REGION. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense, in consultation with -the Secretary of State and the Director of National Intelligence, shall -submit to the appropriate committees of Congress the following: - (1) A report on the military activities of the Russian - Federation in the Arctic region. - (2) A report on the military activities of the People's - Republic of China in the Arctic region. - (b) Matters to Be Included.--The reports under subsection (a) shall -include, with respect to the Russian Federation or the People's -Republic of China, as applicable, the following: - (1) A description of military activities of such country in - the Arctic region, including-- - (A) the emplacement of military infrastructure, - equipment, or forces; - (B) any exercises or other military activities; and - (C) activities that are non-military in nature, but - are considered to have military implications. - (2) An assessment of-- - (A) the intentions of such activities; - (B) the extent to which such activities affect or - threaten the interests of the United States and allies - in the Arctic region; and - (C) any response to such activities by the United - States or allies. - (3) A description of future plans and requirements with - respect to such activities. - (c) Form.--Each report under subsection (a) shall be submitted in -classified form, but may include an unclassified executive summary. - (d) Appropriate Committees of Congress Defined.--In this section, -the term ``appropriate committees of Congress'' means-- - (1) the Committee on Armed Services, the Committee on - Foreign Relations, the Committee on Appropriations, and the - Select Committee on Intelligence of the Senate; and - (2) the Committee on Armed Services, the Committee on - Foreign Affairs, the Committee on Appropriations, and the - Permanent Select Committee on Intelligence of the House of - Representatives. - -SEC. 6215. EFFORTS TO ENSURE MEANINGFUL PARTICIPATION OF AFGHAN WOMEN - IN PEACE NEGOTIATIONS IN AFGHANISTAN. - - (a) In General.--The Secretary of State, in coordination with the -Secretary of Defense, shall carry out activities to ensure the -meaningful participation of Afghan women in the ongoing peace process -in Afghanistan in a manner consistent with the Women, Peace, and -Security Act of 2017 (22 U.S.C. 2151 note; Public Law 115-68), which -shall include-- - (1) continued United States Government advocacy for the - inclusion of Afghan women leaders in ongoing and future - negotiations to end the conflict in Afghanistan; and - (2) support for the inclusion of constitutional protections - on women's and girls' human rights that ensure their freedom of - movement, rights to education and work, political - participation, and access to healthcare and justice in any - agreement reached through intra-Afghan negotiations, including - negotiations with the Taliban. - (b) Report.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of State, in coordination with the -Secretary of Defense, shall submit to the appropriate committees of -Congress a report describing the steps taken to fulfill the duties of -the Secretary of State and the Secretary of Defense under subsection -(a). - (c) Appropriate Committees of Congress Defined.--In this section, -the term ``appropriate committees of Congress'' means-- - (1) the Committee on Armed Services and the Committee on - Foreign Relations of the Senate; and - (2) the Committee on Armed Services and the Committee on - Foreign Affairs of the House of Representatives. - -SEC. 6216. 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. - -SEC. 6217. MODIFICATION OF SEMIANNUAL REPORT ON ENHANCING SECURITY AND - STABILITY IN AFGHANISTAN. - - Paragraph (1) of section 1225(b) of the Carl Levin and Howard P. -``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 -(Public Law 113-291; 127 Stat. 3550) is amended-- - (1) in the paragraph heading by inserting ``and taking into - account the august 2017 strategy of the united states'' after - ``2014''; and - (2) in subparagraph (B)-- - (A) by striking the period at the end and inserting - a semicolon; - (B) by striking ``in the assessment of any such'' - and inserting ``in the assessment of-- - ``(i) any such''; and - (C) by adding at the end the following new clauses: - ``(ii) the United States counterterrorism - mission; and - ``(iii) efforts by the Department of - Defense to support reconciliation efforts and - develop conditions for the expansion of the - reach of the Government of Afghanistan - throughout Afghanistan.''. - -SEC. 6218. SENSE OF CONGRESS ON ACQUISITION BY TURKEY OF S-400 AIR - DEFENSE SYSTEM. - - It is the sense of Congress that-- - (1) Turkey is an important North Atlantic Treaty - Organization ally and military partner; - (2) the acquisition by the Government of Turkey of the S- - 400 air defense system from the Russian Federation-- - (A) undermines-- - (i) the security interests of the United - States; and - (ii) the air defense of Turkey; - (B) weakens the interoperability of the North - Atlantic Treaty Organization; and - (C) is incompatible with the plan of the Government - of Turkey-- - (i) to accept delivery of and operate the - F-35 aircraft; and - (ii) to continue to participate in F-35 - aircraft production and maintenance; - (3) the United States and other member countries of the - North Atlantic Treaty Organization have put forth several - viable and competitive proposals to protect the vulnerable - airspace of Turkey and to ensure the security and integrity of - Turkey as a North Atlantic Treaty Organization ally; - (4) Russian Federation aggression on the periphery of - Turkey, including in Georgia, Ukraine, the Black Sea, and - Syria, and especially the indiscriminate bombing by the Russian - Federation of the Idlib province of Syria on the border of - Turkey and the incursions of Russian Federation warplanes into - the airspace of Turkey on November 24, 2015, and other - occasions, endangers the security of Turkey; - (5) the termination of the participation of Turkey in the - F-35 program and supply chain, which may still be avoided if - the Government of Turkey abandons its planned acquisition of - the S-400 air defense system, would cause significant harm to - the growing defense industry and economy of Turkey; and - (6) if the Government of Turkey accepts delivery of the S- - 400 air defense system-- - (A) such acceptance would-- - (i) constitute a significant transaction - within the meaning of section 231(a) of the - Countering Russian Influence in Europe and - Eurasia Act of 2017 (22 U.S.C. 9525(a)); - (ii) endanger the integrity of the North - Atlantic Treaty Organization Alliance and pose - a significant threat to Turkey; - (iii) adversely affect ongoing operations - of the United States Armed Forces, including - coalition operations in which the United States - Armed Forces participate; - (iv) result in a significant impact to - defense cooperation between the United States - and Turkey; and - (v) significantly increase the risk of - compromising United States defense systems and - operational capabilities; and - (B) the President should fully implement the - Countering Russian Influence in Europe and Eurasia Act - of 2017 (Public Law 115-44; 131 Stat. 886) by imposing - and applying sanctions under section 235 of that Act - (22 U.S.C. 9529) with respect to any individual or - entity determined to have engaged in such significant - transaction as if such person were a sanctioned person - for purposes of such section. - -SEC. 6219. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL - SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND - OTHER SECURITY THREATS. - - Paragraph (2) of section 1286(c) of the John S. McCain National -Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is -amended to read as follows: - ``(2) Training, developed and delivered in consultation - with academic institutions, and other support to academic - institutions to promote security and limit undue influence on - institutions and personnel, including financial support for - execution for such activities, that-- - ``(A) emphasizes best practices for protection of - sensitive national security information; and - ``(B) includes the dissemination of unclassified - publications and resources for identifying and - protecting against emerging threats to academic - research institutions, including specific - counterintelligence guidance developed for faculty and - academic researchers based on specific threats.''. - -SEC. 6231. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY - OF THE RUSSIAN FEDERATION OVER CRIMEA. - - The text of subsection (a) of section 1231 is hereby deemed to read -as follows: - ``(a) Prohibition.--None of the funds authorized to be appropriated -by this Act for fiscal year 2020 for the Department of Defense may be -obligated or expended to implement any activity that recognizes the -sovereignty of the Russian Federation over Crimea, and the Department -may not otherwise implement any such activity.''. - -SEC. 6236. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO THE REPUBLIC OF - TURKEY. - - The text of subsection (a) of section 1236 preceding paragraph (1) -is hereby deemed to read as follows: - ``(a) Limitation.--Except as provided in subsection (b), none of -the funds authorized to be appropriated by this Act for fiscal year -2020 for the Department of Defense, may be used to do the following, -and the Department may not otherwise do the following:''. - - TITLE LXIV--OTHER AUTHORIZATIONS - -SEC. 6401. ASSESSMENT OF RARE EARTH SUPPLY CHAIN ISSUES. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of Defense, acting through the -Defense Logistics Agency, shall submit to Congress a report assessing -issues relating to the supply chain for rare earth materials. - (b) Elements.--The report required by subsection (a) shall include -the following: - (1) An assessment of the rare earth materials in the - reserves held by the United States. - (2) A estimate of the needs of the United States for such - materials-- - (A) in general; and - (B) to support a major near-peer conflict such as - is outlined in war game scenarios included in the 2018 - National Defense Strategy. - (3) An assessment of the extent to which substitutes for - such materials are available. - -SEC. 6422. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED FORCE - RETIREMENT HOME. - - Section 1422, and the amendments made by that section, shall have -no force or effect. - - TITLE LXV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS - CONTINGENCY OPERATIONS - - Subtitle A--General Provisions - -SEC. 6501. 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) Report to Congress.--The Secretary shall submit a report to the -congressional defense committees detailing the research identified -under subsection (a). - - Subtitle B--Inspectors General Matters - -SEC. 6511. 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. 6512. 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. 6513. 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).''. - - TITLE LXVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS - -SEC. 6601. 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. - -SEC. 6602. 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) unilaterally reducing the size of the ICBM force of the - United States or delaying the implementation of the ground- - based strategic deterrent program would degrade the deterrent - capabilities of a fully operational and modernized nuclear - triad and should not take place at the present time. - -SEC. 6603. REPORTS BY MILITARY DEPARTMENTS ON OPERATION OF CONVENTIONAL - FORCES UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF - NUCLEAR WEAPONS. - - (a) In General.--Not later than one year after the date of the -enactment of this Act, the Secretary of the Air Force, the Secretary of -the Army, the Secretary of the Navy, and the Commandant of the Marine -Corps shall each submit to the congressional defense committees a -report detailing the measures taken by the appropriate Secretary or the -Commandant to ensure the ability of conventional forces to operate -effectively under employment or threat of employment of nuclear weapons -by the United States, an ally of the United States, or an adversary of -the United States. - (b) Form of Report.--Each report required by subsection (a) shall -be submitted in classified form but shall be accompanied by an -unclassified summary appropriate for release to the public. - -SEC. 6604. REPORTS BY UNITED STATES EUROPEAN COMMAND AND UNITED STATES - INDO-PACIFIC COMMAND ON OPERATION OF CERTAIN CONVENTIONAL - FORCES UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF - NUCLEAR WEAPONS. - - (a) In General.--Not later than one year after the date of the -enactment of this Act, the Commander of the United States European -Command and the Commander of the United States Indo-Pacific Command, in -consultation with the Commander of the United States Strategic Command, -shall each submit to the congressional defense committees a report -detailing the measures taken by the Commander to ensure the ability of -conventional forces under the authority of the Commander to execute -contingency plans under employment or threat of employment of nuclear -weapons by the United States, an ally of the United States, or an -adversary of the United States. - (b) Form of Report.--The report required by subsection (a) shall be -submitted in classified form but shall be accompanied by an -unclassified summary appropriate for release to the public. - -SEC. 6605. JOINT ASSESSMENT OF DEPARTMENT OF DEFENSE CYBER RED TEAM - CAPABILITIES, CAPACITY, DEMAND, AND REQUIREMENTS. - - (a) Joint Assessment Required.--Not later than 180 days after the -date of the enactment of this Act, the Secretary of Defense shall, in -coordination with the Chief Information Officer of the Department of -Defense, Principal Cyber Advisor, and the Director of Operational Test -and Evaluation-- - (1) conduct a joint assessment of Department cyber red team - capabilities, capacity, demand, and future requirements that - affect the Department's ability to develop, test, and maintain - secure systems in a cyber environment; and - (2) brief the congressional defense committees on the - results of the joint assessment. - (b) Elements.--The joint assessment required by subsection (a)(1) -shall-- - (1) specify demand for cyber red team support for - acquisition and operations; - (2) specify shortfalls in meeting demand and future - requirements, disaggregated by the Department of Defense and by - each of the military departments; - (3) examine funding and retention initiatives to increase - cyber red team capacity to meet demand and future requirements - identified to support the testing, training, and development - communities; - (4) examine the feasibility and benefit of developing and - procuring a common Red Team Integrated Capabilities Stack that - better utilizes increased capacity of cyber ranges and better - models the capabilities and tactics, techniques, and procedures - of adversaries; - (5) examine the establishment of oversight and assessment - metrics for Department cyber red teams; - (6) assess the implementation of common development for - tools, techniques, and training; - (7) assess potential industry and academic partnerships and - services; - (8) assess the mechanisms and procedures in place to - deconflict red-team activities and defensive cyber operations - on active networks; - (9) assess the use of Department cyber personnel in - training as red team support; - (10) assess the use of industry and academic partners and - contractors as red team support and the cost- and resource- - effectiveness of such support; and - (11) assess the need for permanent, high-end dedicated red- - teaming activities to model sophisticated adversaries' - attacking critical Department systems and infrastructure. - -SEC. 6606. REPORT ON THE EXPANDED PURVIEW OF THE DEFENSE - COUNTERINTELLIGENCE AND SECURITY AGENCY. - - (a) Report Required.--Not later than 90 days after the date of the -enactment of this Act, the Secretary of Defense shall submit to -Congress a report on the Defense Counterintelligence and Security -Agency. - (b) Contents.--The report submitted under subsection (a) shall -include the following: - (1) Identification of the resources and authorities - appropriate for the Inspector General for the expanded purview - of the Defense Counterintelligence and Security Agency. - (2) Identification of the resources and authorities needed - to perform the civil liberties and privacy officer function of - the Defense Counterintelligence and Security Agency. - (3) An assessment of the security protocols in effect for - personally identifiable information held by the Defense - Counterintelligence and Security Agency. - (4) An assessment of the governance structure of the - Defense Counterintelligence and Security Agency as it relates - to the Department of Defense, including with respect to status, - authorities, and leadership. - (5) An assessment of the governance structure of the - Defense Counterintelligence and Security Agency as it relates - to interagency partners, including the Office of Management and - Budget, the Office of the Director of National Intelligence, - and the Office of Personnel Management. - (6) The methodology the Defense Counterintelligence and - Security Agency will prioritize requests for background - investigation requests from government agencies and industry. - -SEC. 6664. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC - MISSILES OF THE UNITED STATES. - - The text of subsection (a) of section 1664 is hereby deemed to read -as follows: - ``(a) Prohibition.--Except as provided in subsection (b), none of -the funds authorized to be appropriated by this Act for fiscal year -2020 for the Department of Defense may be obligated or expended for the -following, and the Department may not otherwise take any action to do -the following: - ``(1) Reduce, or prepare to reduce, the responsiveness or - alert level of the intercontinental ballistic missiles of the - United States. - ``(2) Reduce, or prepare to reduce, the quantity of - deployed intercontinental ballistic missiles of the United - States to a number less than 400.''. - - TITLE LXVII--PFAS RELEASE DISCLOSURE, DETECTION, AND SAFE DRINKING - WATER ASSISTANCE - -SEC. 6701. DEFINITION OF ADMINISTRATOR. - - In this title, the term ``Administrator'' means the Administrator -of the Environmental Protection Agency. - - Subtitle A--PFAS Release Disclosure - -SEC. 6711. ADDITIONS TO TOXICS RELEASE INVENTORY. - - (a) Definition of Toxics Release Inventory.--In this section, the -term ``toxics release inventory'' means the toxics release inventory -under section 313(c) of the Emergency Planning and Community Right-To- -Know Act of 1986 (42 U.S.C. 11023(c)). - (b) Immediate Inclusion.-- - (1) In general.--Subject to subsection (e), beginning - January 1 of the calendar year following the date of enactment - of this Act, the following chemicals shall be deemed to be - included in the toxics release inventory: - (A) Perfluorooctanoic acid (commonly referred to as - ``PFOA'') (Chemical Abstracts Service No. 335-67-1). - (B) The salt associated with the chemical described - in subparagraph (A) (Chemical Abstracts Service No. - 3825-26-1). - (C) Perfluorooctane sulfonic acid (commonly - referred to as ``PFOS'') (Chemical Abstracts Service - No. 1763-23-1). - (D) The salts associated with the chemical - described in subparagraph (C) (Chemical Abstract - Service Nos. 45298-90-6, 29457-72-5, 56773-42-3, 29081- - 56-9, 4021-47-0, 111873-33-7, and 91036-71-4). - (E) A perfluoroalkyl or polyfluoroalkyl substance - or class of perfluoroalkyl or polyfluoroalkyl - substances that is-- - (i) listed as an active chemical substance - in the February 2019 update to the inventory - under section 8(b)(1) of the Toxic Substances - Control Act (15 U.S.C. 2607(b)(1)); and - (ii) on the date of enactment of this Act, - subject to the provisions of-- - (I) section 721.9582 of title 40, - Code of Federal Regulations; or - (II) section 721.10536 of title 40, - Code of Federal Regulations. - (2) Threshold for reporting.-- - (A) In general.--Subject to subparagraph (B), the - threshold for reporting the chemicals described in - paragraph (1) under section 313(f)(1) of the Emergency - Planning and Community Right-To-Know Act of 1986 (42 - U.S.C. 11023(f)(1)) is 100 pounds. - (B) Revisions.--Not later than 5 years after the - date of enactment of this Act, the Administrator - shall-- - (i) determine whether revision of the - threshold under subparagraph (A) is warranted; - and - (ii) if the Administrator determines a - revision to be warranted under clause (i), - initiate a revision under section 313(f)(2) of - the Emergency Planning and Community Right-To- - Know Act of 1986 (42 U.S.C. 11023(f)(2)). - (c) Inclusion Following Assessment.-- - (1) In general.--Subject to subsection (e), a - perfluoroalkyl or polyfluoroalkyl substance or class of - perfluoroalkyl or polyfluoroalkyl substances shall be - automatically included in the toxics release inventory - beginning January 1 of the calendar year after any of the - following dates: - (A) Establishment of toxicity value.--The date on - which the Administrator establishes a toxicity value - for the perfluoroalkyl or polyfluoroalkyl substance or - class of perfluoroalkyl or polyfluoroalkyl substances. - (B) Significant new use rule.--The date on which - the Administrator finalizes a significant new use rule - under subsection (a)(2) of section 5 of the Toxic - Substances Control Act (15 U.S.C. 2604), except a - significant new use rule promulgated in connection with - an order issued under subsection (e) of that section, - for the perfluoroalkyl or polyfluoroalkyl substance or - class of perfluoroalkyl or polyfluoroalkyl substances. - (C) Addition to existing significant new use - rule.--The date on which the perfluoroalkyl or - polyfluoroalkyl substance or class of perfluoroalkyl or - polyfluoroalkyl substances is added to a list of - substances covered by a significant new use rule - previously promulgated under subsection (a)(2) of - section 5 of the Toxic Substances Control Act (15 - U.S.C. 2604), except a significant new use rule - promulgated in connection with an order issued under - subsection (e) of that section. - (D) Addition as active chemical substance.--The - date on which the perfluoroalkyl or polyfluoroalkyl - substance or class of perfluoroalkyl or polyfluoroalkyl - substances that is on a list of substances covered by a - significant new use rule under subsection (a)(2) of - section 5 of the Toxic Substances Control Act (15 - U.S.C. 2604), except a significant new use rule - promulgated in connection with an order issued under - subsection (e) of that section, is-- - (i) added to the inventory under subsection - (b)(1) of section 8 of the Toxic Substances - Control Act (15 U.S.C. 2607) and designated as - an active chemical substance under subsection - (b)(5)(A) of that section; or - (ii) designated as an active chemical - substance on the inventory in accordance with - subsection (b)(5)(B) of that section. - (2) Threshold for reporting.-- - (A) In general.--Subject to subparagraph (B), the - threshold for reporting under section 313(f)(1) of the - Emergency Planning and Community Right-To-Know Act of - 1986 (42 U.S.C. 11203(f)(1)) the substances and classes - of substances included in the toxics release inventory - under paragraph (1) is 100 pounds. - (B) Revisions.--Not later than 5 years after the - date of enactment of this Act, the Administrator - shall-- - (i) determine whether revision of the - thresholds under subparagraph (A) is warranted; - and - (ii) if the Administrator determines a - revision to be warranted under clause (i), - initiate a revision under section 313(f)(2) of - the Emergency Planning and Community Right-To- - Know Act of 1986 (42 U.S.C. 11023(f)(2)). - (d) Inclusion Following Determination.-- - (1) In general.--To the extent not already subject to - subsection (b), not later than 2 years after the date of - enactment of this Act, the Administrator shall determine - whether the substances and classes of substances described in - paragraph (2) meet the criteria described in section 313(d)(2) - of the Emergency Planning and Community Right-To-Know Act of - 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics - release inventory. - (2) Substances described.--The substances and classes of - substances referred to in paragraph (1) are perfluoroalkyl and - polyfluoroalkyl substances and classes of perfluoroalkyl and - polyfluoroalkyl substances, including-- - (A) hexafluoropropylene oxide dimer acid (Chemical - Abstracts Service No. 13252-13-6); - (B) the compounds associated with the chemical - described in subparagraph (A) (Chemical Abstracts - Service Nos. 62037-80-3 and 2062-98-8); - (C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic - acid] ammonium salt (Chemical Abstracts Service No. - 908020-52-0); - (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)- - 2-(trifluoromethoxy) propanoyl fluoride (Chemical - Abstracts Service No. 2479-75-6); - (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)- - 2-(trifluoromethoxy) propionic acid (Chemical Abstracts - Service No. 2479-73-4); - (F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic - acid] (Chemical Abstracts Service No. 919005-14-4); - (G) the salts associated with the chemical - described in subparagraph (F) (Chemical Abstracts - Service Nos. 958445-44-8, 1087271-46-2, and - NOCAS_892452); - (H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8- - tridecafluoro-potassium salt (Chemical Abstracts - Service No. 59587-38-1); - (I) perfluorobutanesulfonic acid (Chemical - Abstracts Service No. 375-73-5); - (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4- - nonafluoro-potassium salt (Chemical Abstracts Service - No. 29420-49-3); - (K) the component associated with the chemical - described in subparagraph (J) (Chemical Abstracts - Service No. 45187-15-3); - (L) heptafluorobutyric acid (Chemical Abstracts - Service No. 375-22-4); - (M) perfluorohexanoic acid (Chemical Abstracts - Service No. 307-24-4); - (N) each perfluoroalkyl or polyfluoroalkly - substance or class of perfluoroalkyl or polyfluoroalkyl - substances for which a method to measure levels in - drinking water has been validated by the Administrator; - and - (O) a perfluoroalkyl and polyfluoroalkyl substance - or class of perfluoroalkyl or polyfluoroalkyl - substances other than the chemicals described in - subparagraphs (A) through (N) that is used to - manufacture fluoropolymers, as determined by the - Administrator. - (3) Addition to toxics release inventory.--Subject to - subsection (e), if the Administrator determines under paragraph - (1) that a substance or a class of substances described in - paragraph (2) meets the criteria described in section 313(d)(2) - of the Emergency Planning and Community Right-To-Know Act of - 1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise - the toxics release inventory to include that substance or class - of substances not later than 2 years after the date on which - the Administrator makes the determination. - (e) Confidential Business Information.-- - (1) In general.--Prior to including on the toxics release - inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any - perfluoroalkyl or polyfluoroalkyl substance or class of - perfluoroalkyl or polyfluoroalkyl substances the chemical - identity of which is subject to a claim of a person of - protection from disclosure under subsection (a) of section 552 - of title 5, United States Code, pursuant to subsection (b)(4) - of that section, the Administrator shall-- - (A) review that claim of protection from - disclosure; and - (B) require that person to reassert and - substantiate or resubstantiate that claim in accordance - with section 14(f) of the Toxic Substances Control Act - (15 U.S.C. 2613(f)). - (2) Nondisclosure of protection information.--If the - Administrator determines that the chemical identity of a - perfluoroalkyl or polyfluoroalkyl substance or class of - perfluoroalkyl or polyfluoroalkyl substances qualifies for - protection from disclosure under paragraph (1), the - Administrator shall include the substance or class of - substances, as applicable, on the toxics release inventory in a - manner that does not disclose the protected information. - (f) Emergency Planning and Community Right-To-Know Act of 1986.-- -Section 313(c) of the Emergency Planning and Community Right-To-Know -Act of 1986 (42 U.S.C. 11023(c)) is amended-- - (1) by striking the period at the end and inserting ``; - and''; - (2) by striking ``are those chemicals'' and inserting the - following: ``are-- - ``(1) the chemicals''; and - (3) by adding at the end the following: - ``(2) the chemicals included under subsections (b)(1), - (c)(1), and (d)(3) of section 6711 of the National Defense - Authorization Act for Fiscal Year 2020.''. - - Subtitle B--Drinking Water - -SEC. 6721. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS. - - Section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g- -1(b)(2)) is amended by adding at the end the following: - ``(D) Perfluoroalkyl and polyfluoroalkyl - substances.-- - ``(i) In general.--Not later than 2 years - after the date of enactment of this - subparagraph, the Administrator shall - promulgate a national primary drinking water - regulation for perfluoroalkyl and - polyfluoroalkyl substances, which shall, at a - minimum, include standards for-- - ``(I) perfluorooctanoic acid - (commonly referred to as `PFOA'); and - ``(II) perfluorooctane sulfonic - acid (commonly referred to as `PFOS'). - ``(ii) Alternative procedures.-- - ``(I) In general.--Not later than 1 - year after the validation by the - Administrator of an equally effective - quality control and testing procedure - to ensure compliance with that national - primary drinking water regulation to - measure the levels described in - subclause (II) or other methods to - detect and monitor perfluoroalkyl and - polyfluoroalkyl substances in drinking - water, the Administrator shall add the - procedure or method as an alternative - to the quality control and testing - procedure described in that national - primary drinking water regulation by - publishing the procedure or method in - the Federal Register. - ``(II) Levels described.--The - levels referred to in subclause (I) - are-- - ``(aa) the level of a - perfluoroalkyl or - polyfluoroalkyl substance; - ``(bb) the total levels of - perfluoroalkyl and - polyfluoroalkyl substances; and - ``(cc) the total levels of - organic fluorine. - ``(iii) Inclusions.--The Administrator may - include a perfluoroalkyl or polyfluoroalkyl - substance or class of perfluoroalkyl or - polyfluoroalkyl substances on-- - ``(I) the list of contaminants for - consideration of regulation under - paragraph (1)(B)(i); and - ``(II) the list of unregulated - contaminants to be monitored under - section 1445(a)(2)(B)(i). - ``(iv) Monitoring.--When establishing - monitoring requirements for public water - systems as part of a national primary drinking - water regulation under clause (i) or clause - (vi)(II), the Administrator shall tailor the - monitoring requirements for public water - systems that do not detect or are reliably and - consistently below the maximum contaminant - level (as defined in section 1418(b)(2)(B)) for - the perfluoroalkyl or polyfluoroalkyl substance - or class of perfluoroalkyl or polyfluoroalkyl - substances subject to the national primary - drinking water regulation. - ``(v) Health risk reduction and cost - analysis.--In meeting the requirements of - paragraph (3)(C), the Administrator may rely on - information available to the Administrator with - respect to 1 or more specific perfluoroalkyl or - polyfluoroalkyl substances to extrapolate - reasoned conclusions regarding the health risks - and effects of a class of perfluoroalkyl or - polyfluoroalkyl substances of which the - specific perfluoroalkyl or polyfluoroalkyl - substances are a part. - ``(vi) Regulation of additional - substances.-- - ``(I) Determination.--The - Administrator shall make a - determination under paragraph (1)(A), - using the criteria described in clauses - (i) through (iii) of that paragraph, - whether to include a perfluoroalkyl or - polyfluoroalkyl substance or class of - perfluoroalkyl or polyfluoroalkyl - substances in the national primary - drinking water regulation under clause - (i) not later than 18 months after the - later of-- - ``(aa) the date on which - the perfluoroalkyl or - polyfluoroalkyl substance or - class of perfluoroalkyl or - polyfluoroalkyl substances is - listed on the list of - contaminants for consideration - of regulation under paragraph - (1)(B)(i); and - ``(bb) the date on which-- - - ``(AA) the - Administrator has - received the results of - monitoring under - section 1445(a)(2)(B) - for the perfluoroalkyl - or polyfluoroalkyl - substance or class of - perfluoroalkyl or - polyfluoroalkyl - substance; or - - ``(BB) the - Administrator has - received finished water - data or finished water - monitoring surveys for - the perfluoroalkyl or - polyfluoroalkyl - substance or class of - perfluoroalkyl or - polyfluoroalkyl - substances from a - Federal or State agency - that the Administrator - determines to be - sufficient to make a - determination under - paragraph (1)(A). - - ``(II) Primary drinking water - regulations.-- - ``(aa) In general.--For - each perfluoroalkyl or - polyfluoroalkyl substance or - class of perfluoroalkyl or - polyfluoroalkyl substances that - the Administrator determines to - regulate under subclause (I), - the Administrator-- - - ``(AA) not later - than 18 months after - the date on which the - Administrator makes the - determination, shall - propose a national - primary drinking water - regulation for the - perfluoroalkyl or - polyfluoroalkyl - substance or class of - perfluoroalkyl or - polyfluoroalkyl - substances; and - - ``(BB) may publish - the proposed national - primary drinking water - regulation described in - subitem (AA) - concurrently with the - publication of the - determination to - regulate the - perfluoroalkyl or - polyfluoroalkyl - substance or class of - perfluoroalkyl or - polyfluoroalkyl - substances. - - ``(bb) Deadline.-- - - ``(AA) In - general.--Not later - than 1 year after the - date on which the - Administrator publishes - a proposed national - primary drinking water - regulation under item - (aa)(AA) and subject to - subitem (BB), the - Administrator shall - take final action on - the proposed national - primary drinking water - regulation. - - ``(BB) Extension.-- - The Administrator, on - publication of notice - in the Federal - Register, may extend - the deadline under - subitem (AA) by not - more than 6 months. - - ``(vii) Lifetime drinking water health - advisory.-- - ``(I) In general.--Subject to - subclause (II), the Administrator shall - publish a health advisory under - paragraph (1)(F) for a perfluoroalkyl - or polyfluoroalkyl substance or class - of perfluoroalkyl or polyfluoroalkyl - substances not later than 1 year after - the later of-- - ``(aa) the date on which - the Administrator finalizes a - toxicity value for the - perfluoroalkyl or - polyfluoroalkyl substance or - class of perfluoroalkyl or - polyfluoroalkyl substances; and - ``(bb) the date on which - the Administrator validates an - effective quality control and - testing procedure for the - perfluoroalkyl or - polyfluoroalkyl substance or - class of perfluoroalkyl or - polyfluoroalkyl substance, if - such a procedure did not exist - on the date on which the - toxicity value described in - item (aa) was finalized. - ``(II) Waiver.--The Administrator - may waive the requirements of subclause - (I) with respect to a perfluoroalkyl or - polyfluoroalkyl substance or class of - perfluoroalkyl and polyfluoroalkyl - substances if the Administrator - determines that there is a substantial - likelihood that the perfluoroalkyl or - polyfluoroalkyl substance or class of - perfluoroalkyl or polyfluoroalkyl - substances will not occur in drinking - water.''. - -SEC. 6722. MONITORING AND DETECTION. - - (a) Monitoring Program for Unregulated Contaminants.-- - (1) In general.--The Administrator shall include each - substance described in paragraph (2) in the fifth publication - of the list of unregulated contaminants to be monitored under - section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 - U.S.C. 300j-4(a)(2)(B)(i)). - (2) Substances described.--The substances referred to in - paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances - and classes of perfluoroalkyl and polyfluoroalkyl substances-- - (A) for which a method to measure the level in - drinking water has been validated by the Administrator; - and - (B) that are not subject to a national primary - drinking water regulation under clause (i) or (vi)(II) - of subparagraph (D) of section 1412(b)(2) of the Safe - Drinking Water Act (42 U.S.C. 300g-1(b)(2)). - (3) Exception.--The perfluoroalkyl and polyfluoroalkyl - substances and classes of perfluoroalkyl and polyfluoroalkyl - substances included in the list of unregulated contaminants to - be monitored under section 1445(a)(2)(B)(i) of the Safe - Drinking Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under - paragraph (1) shall not count towards the limit of 30 - unregulated contaminants to be monitored by public water - systems under that section. - (b) Applicability.-- - (1) In general.--The Administrator shall-- - (A) require public water systems serving more than - 10,000 persons to monitor for the substances described - in subsection (a)(2); - (B) subject to paragraph (2) and the availability - of appropriations, require public water systems serving - not fewer than 3,300 and not more than 10,000 persons - to monitor for the substances described in subsection - (a)(2); and - (C) subject to paragraph (2) and the availability - of appropriations, ensure that only a representative - sample of public water systems serving fewer than 3,300 - persons are required to monitor for the substances - described in subsection (a)(2). - (2) Requirement.--If the Administrator determines that - there is not sufficient laboratory capacity to carry out the - monitoring required under subparagraphs (B) and (C) of - paragraph (1), the Administrator may waive the monitoring - requirements in those subparagraphs. - (3) Funds.--The Administrator shall pay the reasonable cost - of such testing and laboratory analysis as is necessary to - carry out the monitoring required under paragraph (1) from-- - (A) funds made available under subsection (a)(2)(H) - or (j)(5) of section 1445 of the Safe Drinking Water - Act (42 U.S.C. 300j-4); or - (B) any other funds made available for that - purpose. - -SEC. 6723. ENFORCEMENT. - - Notwithstanding any other provision of law, the Administrator may -not impose financial penalties for the violation of a national primary -drinking water regulation (as defined in section 1401 of the Safe -Drinking Water Act (42 U.S.C. 300f)) with respect to a perfluoroalkyl -or polyfluoroalkyl substance or class of perfluoroalkyl or -polyfluoroalkyl substances for which a national primary drinking water -regulation has been promulgated under clause (i) or (vi) of -subparagraph (D) of section 1412(b)(2) of the Safe Drinking Water Act -(42 U.S.C. 300g-1(b)(2)) earlier than the date that is 5 years after -the date on which the Administrator promulgates the national primary -drinking water regulation. - -SEC. 6724. DRINKING WATER STATE REVOLVING FUNDS. - - Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is -amended-- - (1) in subsection (a)(2), by adding at the end the - following: - ``(G) Emerging contaminants.-- - ``(i) In general.--Notwithstanding any - other provision of law and subject to clause - (ii), amounts deposited under subsection (t) in - a State loan fund established under this - section may only be used to provide grants for - the purpose of addressing emerging - contaminants, with a focus on perfluoroalkyl - and polyfluoroalkyl substances. - ``(ii) Requirements.-- - ``(I) Small and disadvantaged - communities.--Not less than 25 percent - of the amounts described in clause (i) - shall be used to provide grants to-- - ``(aa) disadvantaged - communities (as defined in - subsection (d)(3)); or - ``(bb) public water systems - serving fewer than 25,000 - persons. - ``(II) Priorities.--In selecting - the recipient of a grant using amounts - described in clause (i), a State shall - use the priorities described in - subsection (b)(3)(A). - ``(iii) No increased bonding authority.-- - The amounts deposited in the State loan fund of - a State under subsection (t) may not be used as - a source of payment of, or security for - (directly or indirectly), in whole or in part, - any obligation the interest on which is exempt - from the tax imposed under chapter 1 of the - Internal Revenue Code of 1986.''; - (2) in subsection (m)(1), in the matter preceding - subparagraph (A), by striking ``this section'' and inserting - ``this section, except for subsections (a)(2)(G) and (t)''; and - (3) by adding at the end the following: - ``(t) Emerging Contaminants.-- - ``(1) In general.--Amounts made available under this - subsection shall be allotted to a State as if allotted under - subsection (a)(1)(D) as a capitalization grant, for deposit - into the State loan fund of the State, for the purposes - described in subsection (a)(2)(G). - ``(2) Authorization of appropriations.--There is authorized - to be appropriated to carry out this subsection $100,000,000 - for each of fiscal years 2020 through 2024, to remain available - until expended.''. - - Subtitle C--PFAS Detection - -SEC. 6731. DEFINITIONS. - - In this subtitle: - (1) Director.--The term ``Director'' means the Director of - the United States Geological Survey. - (2) Perfluorinated compound.-- - (A) In general.--The term ``perfluorinated - compound'' means a perfluoroalkyl substance or a - polyfluoroalkyl substance that is manmade with at least - 1 fully fluorinated carbon atom. - (B) Definitions.--In this definition: - (i) Fully fluorinated carbon atom.--The - term ``fully fluorinated carbon atom'' means a - carbon atom on which all the hydrogen - substituents have been replaced by fluorine. - (ii) Nonfluorinated carbon atom.--The term - ``nonfluorinated carbon atom'' means a carbon - atom on which no hydrogen substituents have - been replaced by fluorine. - (iii) Partially fluorinated carbon atom.-- - The term ``partially fluorinated carbon atom'' - means a carbon atom on which some, but not all, - of the hydrogen substituents have been replaced - by fluorine. - (iv) Perfluoroalkyl substance.--The term - ``perfluoroalkyl substance'' means a manmade - chemical of which all of the carbon atoms are - fully fluorinated carbon atoms. - (v) Polyfluoroalkyl substance.--The term - ``polyfluoroalkyl substance'' means a manmade - chemical containing a mix of fully fluorinated - carbon atoms, partially fluorinated carbon - atoms, and nonfluorinated carbon atoms. - -SEC. 6732. PERFORMANCE STANDARD FOR THE DETECTION OF PERFLUORINATED - COMPOUNDS. - - (a) In General.--The Director shall establish a performance -standard for the detection of perfluorinated compounds. - (b) Emphasis.-- - (1) In general.--In developing the performance standard - under subsection (a), the Director shall emphasize the ability - to detect as many perfluorinated compounds present in the - environment as possible using analytical methods that-- - (A) achieve limits of quantitation (as defined in - the document of the United States Geological Survey - entitled ``Analytical Methods for Chemical Analysis of - Geologic and Other Materials, U.S. Geological Survey'' - and dated 2002); and - (B) are as sensitive as is feasible and - practicable. - (2) Requirement.--In developing the performance standard - under subsection (a), the Director may-- - (A) develop quality assurance and quality control - measures to ensure accurate sampling and testing; - (B) develop a training program with respect to the - appropriate method of sample collection and analysis of - perfluorinated compounds; and - (C) coordinate with the Administrator, including, - if appropriate, coordinating to develop media-specific, - validated analytical methods to detect individual and - different perfluorinated compounds simultaneously. - -SEC. 6733. NATIONWIDE SAMPLING. - - (a) In General.--The Director shall carry out a nationwide sampling -to determine the concentration of perfluorinated compounds in -estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, -and soil using the performance standard developed under section -6732(a). - (b) Requirements.--In carrying out the sampling under subsection -(a), the Director shall-- - (1) first carry out the sampling at sources of drinking - water near locations with known or suspected releases of - perfluorinated compounds; - (2) when carrying out sampling of sources of drinking water - under paragraph (1), carry out the sampling prior to any - treatment of the water; - (3) survey for ecological exposure to perfluorinated - compounds, with a priority in determining direct human exposure - through drinking water; and - (4) consult with-- - (A) States to determine areas that are a priority - for sampling; and - (B) the Administrator-- - (i) to enhance coverage of the sampling; - and - (ii) to avoid unnecessary duplication. - (c) Report.--Not later than 90 days after the completion of the -sampling under subsection (a), the Director shall prepare a report -describing the results of the sampling and submit the report to-- - (1) the Committee on Environment and Public Works and the - Committee on Energy and Natural Resources of the Senate; - (2) the Committee on Energy and Commerce of the House of - Representatives; - (3) the Senators of each State in which the Director - carried out the sampling; and - (4) each Member of the House of Representatives that - represents a district in which the Director carried out the - sampling. - -SEC. 6734. DATA USAGE. - - (a) In General.--The Director shall provide the sampling data -collected under section 6733 to-- - (1) the Administrator; and - (2) other Federal and State regulatory agencies on request. - (b) Usage.--The sampling data provided under subsection (a) shall -be used to inform and enhance assessments of exposure, likely health -and environmental impacts, and remediation priorities. - -SEC. 6735. COLLABORATION. - - In carrying out this subtitle, the Director shall collaborate -with-- - (1) appropriate Federal and State regulators; - (2) institutions of higher education; - (3) research institutions; and - (4) other expert stakeholders. - -SEC. 6736. AUTHORIZATION OF APPROPRIATIONS. - - There are authorized to be appropriated to the Director to carry -out this subtitle-- - (1) $5,000,000 for fiscal year 2020; and - (2) $10,000,000 for each of fiscal years 2021 through 2024. - - Subtitle D--Safe Drinking Water Assistance - -SEC. 6741. DEFINITIONS. - - In this subtitle: - (1) Contaminant.--The term ``contaminant'' means any - physical, chemical, biological, or radiological substance or - matter in water. - (2) Contaminant of emerging concern; emerging - contaminant.--The terms ``contaminant of emerging concern'' and - ``emerging contaminant'' mean a contaminant-- - (A) for which the Administrator has not promulgated - a national primary drinking water regulation; and - (B) that may have an adverse effect on the health - of individuals. - (3) Federal research strategy.--The term ``Federal research - strategy'' means the coordinated cross-agency plan for - addressing critical research gaps related to detecting, - assessing exposure to, and identifying the adverse health - effects of emerging contaminants in drinking water developed by - the Office of Science and Technology Policy in response to the - report of the Committee on Appropriations of the Senate - accompanying S. 1662 of the 115th Congress (S. Rept. 115-139). - (4) Technical assistance and support.--The term ``technical - assistance and support'' includes-- - (A) assistance with-- - (i) identifying appropriate analytical - methods for the detection of contaminants; - (ii) understanding the strengths and - limitations of the analytical methods described - in clause (i); - (iii) troubleshooting the analytical - methods described in clause (i); - (B) providing advice on laboratory certification - program elements; - (C) interpreting sample analysis results; - (D) providing training with respect to proper - analytical techniques; - (E) identifying appropriate technology for the - treatment of contaminants; and - (F) analyzing samples, if-- - (i) the analysis cannot be otherwise - obtained in a practicable manner otherwise; and - (ii) the capability and capacity to perform - the analysis is available at a Federal - facility. - (5) Working group.--The term ``Working Group'' means the - Working Group established under section 6742(b)(1). - -SEC. 6742. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON - EMERGING CONTAMINANTS. - - (a) In General.--The Administrator shall-- - (1) review Federal efforts-- - (A) to identify, monitor, and assist in the - development of treatment methods for emerging - contaminants; and - (B) to assist States in responding to the human - health risks posed by contaminants of emerging concern; - and - (2) in collaboration with owners and operators of public - water systems, States, and other interested stakeholders, - establish a strategic plan for improving the Federal efforts - referred to in paragraph (1). - (b) Interagency Working Group on Emerging Contaminants.-- - (1) In general.--Not later than 180 days after the date of - enactment of this Act, the Administrator and the Secretary of - Health and Human Services shall jointly establish a Working - Group to coordinate the activities of the Federal Government to - identify and analyze the public health effects of drinking - water contaminants of emerging concern. - (2) Membership.--The Working Group shall include - representatives of the following: - (A) The Environmental Protection Agency, appointed - by the Administrator. - (B) The following agencies, appointed by the - Secretary of Health and Human Services: - (i) The National Institutes of Health. - (ii) The Centers for Disease Control and - Prevention. - (iii) The Agency for Toxic Substances and - Disease Registry. - (C) The United States Geological Survey, appointed - by the Secretary of the Interior. - (D) Any other Federal agency the assistance of - which the Administrator determines to be necessary to - carry out this subsection, appointed by the head of the - respective agency. - (3) Existing working group.--The Administrator may expand - or modify the duties of an existing working group to perform - the duties of the Working Group under this subsection. - (c) National Emerging Contaminant Research Initiative.-- - (1) Federal research strategy.-- - (A) In general.--Not later than 180 days after the - date of enactment of this Act, the Director of the - Office of Science and Technology Policy (referred to in - this subsection as the ``Director'') shall coordinate - with the heads of the agencies described in - subparagraph (C) to establish a research initiative, to - be known as the ``National Emerging Contaminant - Research Initiative'', that shall-- - (i) use the Federal research strategy to - improve the identification, analysis, - monitoring, and treatment methods of - contaminants of emerging concern; and - (ii) develop any necessary program, policy, - or budget to support the implementation of the - Federal research strategy, including mechanisms - for joint agency review of research proposals, - for interagency cofunding of research - activities, and for information sharing across - agencies. - (B) Research on emerging contaminants.--In carrying - out subparagraph (A), the Director shall-- - (i) take into consideration consensus - conclusions from peer-reviewed, pertinent - research on emerging contaminants; and - (ii) in consultation with the - Administrator, identify priority emerging - contaminants for research emphasis. - (C) Federal participation.--The agencies referred - to in subparagraph (A) include-- - (i) the National Science Foundation; - (ii) the National Institutes of Health; - (iii) the Environmental Protection Agency; - (iv) the National Institute of Standards - and Technology; - (v) the United States Geological Survey; - and - (vi) any other Federal agency that - contributes to research in water quality, - environmental exposures, and public health, as - determined by the Director. - (D) Participation from additional entities.--In - carrying out subparagraph (A), the Director shall - consult with nongovernmental organizations, State and - local governments, and science and research - institutions determined by the Director to have - scientific or material interest in the National - Emerging Contaminant Research Initiative. - (2) Implementation of research recommendations.-- - (A) In general.--Not later than 1 year after the - date on which the Director and heads of the agencies - described in paragraph (1)(C) establish the National - Emerging Contaminant Research Initiative under - paragraph (1)(A), the head of each agency described in - paragraph (1)(C) shall-- - (i) issue a solicitation for research - proposals consistent with the Federal research - strategy; and - (ii) make grants to applicants that submit - research proposals selected by the National - Emerging Contaminant Research Initiative in - accordance with subparagraph (B). - (B) Selection of research proposals.--The National - Emerging Contaminant Research Initiative shall select - research proposals to receive grants under this - paragraph on the basis of merit, using criteria - identified by the Director, including the likelihood - that the proposed research will result in significant - progress toward achieving the objectives identified in - the Federal research strategy. - (C) Eligible entities.--Any entity or group of 2 or - more entities may submit to the head of each agency - described in paragraph (1)(C) a research proposal in - response to the solicitation for research proposals - described in subparagraph (A)(i), including-- - (i) State and local agencies; - (ii) public institutions, including public - institutions of higher education; - (iii) private corporations; and - (iv) nonprofit organizations. - (d) Federal Technical Assistance and Support for States.-- - (1) Study.-- - (A) In general.--Not later than 1 year after the - date of enactment of this Act, the Administrator shall - conduct a study on actions the Administrator can take - to increase technical assistance and support for States - with respect to emerging contaminants in drinking water - samples. - (B) Contents of study.--In carrying out the study - described in subparagraph (A), the Administrator shall - identify-- - (i) methods and effective treatment options - to increase technical assistance and support - with respect to emerging contaminants to - States, including identifying opportunities for - States to improve communication with various - audiences about the risks associated with - emerging contaminants; - (ii) means to facilitate access to - qualified contract testing laboratory - facilities that conduct analyses for emerging - contaminants; and - (iii) actions to be carried out at existing - Federal laboratory facilities, including the - research facilities of the Administrator, to - provide technical assistance and support for - States that require testing facilities for - emerging contaminants. - (C) Availability of analytical resources.--In - carrying out the study described in subparagraph (A), - the Administrator shall consider-- - (i) the availability of-- - (I) Federal and non-Federal - laboratory capacity; and - (II) validated methods to detect - and analyze contaminants; and - (ii) other factors determined to be - appropriate by the Administrator. - (2) Report.--Not later than 18 months after the date of - enactment of this Act, the Administrator shall submit to - Congress a report describing the results of the study described - in paragraph (1). - (3) Program to provide federal assistance to states.-- - (A) In general.--Not later than 3 years after the - date of enactment of this Act, based on the findings in - the report described in paragraph (2), the - Administrator shall develop a program to provide - technical assistance and support to eligible States for - the testing and analysis of emerging contaminants. - (B) Application.-- - (i) In general.--To be eligible for - technical assistance and support under this - paragraph, a State shall submit to the - Administrator an application at such time, in - such manner, and containing such information as - the Administrator may require. - (ii) Criteria.--The Administrator shall - evaluate an application for technical - assistance and support under this paragraph on - the basis of merit using criteria identified by - the Administrator, including-- - (I) the laboratory facilities - available to the State; - (II) the availability and - applicability of existing analytical - methodologies; - (III) the potency and severity of - the emerging contaminant, if known; and - (IV) the prevalence and magnitude - of the emerging contaminant. - (iii) Prioritization.--In selecting States - to receive technical assistance and support - under this paragraph, the Administrator-- - (I) shall give priority to States - with affected areas primarily in - financially distressed communities; - (II) may-- - (aa) waive the application - process in an emergency - situation; and - (bb) require an abbreviated - application process for the - continuation of work specified - in a previously approved - application that continues to - meet the criteria described in - clause (ii); and - (III) shall consider the relative - expertise and availability of-- - (aa) Federal and non- - Federal laboratory capacity - available to the State; - (bb) analytical resources - available to the State; and - (cc) other types of - technical assistance available - to the State. - (C) Database of available resources.--The - Administrator shall establish and maintain a database - of resources available through the program developed - under subparagraph (A) to assist States with testing - for emerging contaminants that-- - (i) is-- - (I) available to States and - stakeholder groups determined by the - Administrator to have scientific or - material interest in emerging - contaminants, including-- - (aa) drinking water and - wastewater utilities; - (bb) laboratories; - (cc) Federal and State - emergency responders; - (dd) State primacy - agencies; - (ee) public health - agencies; and - (ff) water associations; - (II) searchable; and - (III) accessible through the - website of the Administrator; and - (ii) includes a description of-- - (I) qualified contract testing - laboratory facilities that conduct - analyses for emerging contaminants; and - (II) the resources available in - Federal laboratory facilities to test - for emerging contaminants. - (D) Water contaminant information tool.--The - Administrator shall integrate the database established - under subparagraph (C) into the Water Contaminant - Information Tool of the Environmental Protection - Agency. - (4) Funding.--Of the amounts available to the - Administrator, the Administrator may use not more than - $15,000,000 in a fiscal year to carry out this subsection. - (e) Report.--Not less frequently than once every 2 years until -2029, the Administrator shall submit to Congress a report that -describes the progress made in carrying out this subtitle. - (f) Effect.--Nothing in this section modifies any obligation of a -State, local government, or Indian Tribe with respect to treatment -methods for, or testing or monitoring of, drinking water. - - Subtitle E--Miscellaneous - -SEC. 6751. PFAS DATA CALL. - - Section 8(a) of the Toxic Substances Control Act (15 U.S.C. -2607(a)) is amended by adding at the end the following: - ``(7) PFAS data.--Not later than January 1, 2023, the - Administrator shall promulgate a rule in accordance with this - subsection requiring each person who has manufactured a - chemical substance that is a perfluoroalkyl or polyfluoroalkyl - substance in any year since January 1, 2006, to submit to the - Administrator a report that includes, for each year since - January 1, 2006, the information described in paragraph (2).''. - -SEC. 6752. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS. - - Not later than June 22, 2020, the Administrator shall take final -action on the significant new use rule proposed by the Administrator -under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) in the -proposed rule entitled ``Long-Chain Perfluoroalkyl Carboxylate and -Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use -Rule'' (80 Fed. Reg. 2885 (January 21, 2015)). - -SEC. 6753. PFAS DESTRUCTION AND DISPOSAL GUIDANCE. - - (a) In General.--Not later than 1 year after the date of enactment -of this Act, the Administrator shall publish interim guidance on the -destruction and disposal of perfluoroalkyl and polyfluoroalkyl -substances and materials containing perfluoroalkyl and polyfluoroalkyl -substances, including-- - (1) aqueous film-forming foam; - (2) soil and biosolids; - (3) textiles treated with perfluoroalkyl and - polyfluoroalkyl substances; and - (4) spent filters, membranes, and other waste from water - treatment. - (b) Considerations; Inclusions.--The interim guidance under -subsection (a) shall-- - (1) take into consideration-- - (A) the potential for releases of perfluoroalkyl - and polyfluoroalkyl substances during destruction or - disposal, including through volatilization, air - dispersion, or leachate; and - (B) potentially vulnerable populations living near - likely destruction or disposal sites; and - (2) provide guidance on testing and monitoring air, - effluent, and soil near potential destruction or disposal sites - for releases described in paragraph (1)(A). - (c) Revisions.--The Administrator shall publish revisions to the -interim guidance under subsection (a) as the Administrator determines -to be appropriate, but not less frequently than once every 3 years. - -SEC. 6754. PFAS RESEARCH AND DEVELOPMENT. - - (a) In General.--The Administrator, acting through the Assistant -Administrator for the Office of Research and Development, shall-- - (1)(A) further examine the effects of perfluoroalkyl and - polyfluoroalkyl substances on human health and the environment; - and - (B) make publicly available information relating to the - findings under subparagraph (A); - (2) develop a process for prioritizing which perfluoroalkyl - and polyfluoroalkyl substances, or classes of perfluoroalkyl - and polyfluoroalkyl substances, should be subject to additional - research or regulatory efforts that is based on-- - (A) the potential for human exposure to the - substances or classes of substances; - (B) the potential toxicity of the substances or - classes of substances; and - (C) information available about the substances or - classes of substances; - (3) develop new tools to characterize and identify - perfluoroalkyl and polyfluoroalkyl substances in the - environment, including in drinking water, wastewater, surface - water, groundwater, solids, and the air; - (4) evaluate approaches for the remediation of - contamination by perfluoroalkyl and polyfluoroalkyl substances - in the environment; and - (5) develop and implement new tools and materials to - communicate with the public about perfluoroalkyl and - polyfluoroalkyl substances. - (b) Funding.--There is authorized to be appropriated to the -Administrator to carry out this section $15,000,000 for each of fiscal -years 2020 through 2024. - -TITLE LXVIII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT - SYNTHETIC OPIOIDS - -SEC. 6801. SHORT TITLE. - - This title may be cited as the ``Fentanyl Sanctions Act''. - -SEC. 6802. FINDINGS. - - Congress makes the following findings: - (1) The Centers for Disease Control and Prevention estimate - that from September 2017 through September 2018 more than - 48,200 people in the United States died from an opioid - overdose, with synthetic opioids (excluding methadone), - contributing to a record 31,900 overdose deaths. While drug - overdose death estimates from methadone, semi-synthetic - opioids, and heroin have decreased in recent months, overdose - deaths from synthetic opioids have continued to increase. - (2) Congress and the President have taken a number of - actions to combat the demand for illicit opioids in the United - States, including enacting into law the SUPPORT for Patients - and Communities Act (Public Law 115-271; 132 Stat. 3894). While - new statutes and regulations have reduced the rate of opioid - prescriptions in recent years, fully addressing the United - States opioid crisis will involve dramatically restricting the - foreign supply of illicit opioids. - (3) The People's Republic of China is the world's largest - producer of illicit fentanyl, fentanyl analogues, and their - immediate precursors. From the People's Republic of China, - those substances are shipped primarily through express - consignment carriers or international mail directly to the - United States, or, alternatively, shipped directly to - transnational criminal organizations in Mexico, Canada, and the - Caribbean. - (4) The United States and the People's Republic of China, - Mexico, and Canada have made important strides in combating the - illicit flow of opioids through bilateral efforts of their - respective law enforcement agencies. - (5) The objective of preventing the proliferation of - illicit opioids though existing multilateral and bilateral - initiatives requires additional efforts to deny illicit actors - the financial means to sustain their markets and distribution - networks. - (6) The implementation on May 1, 2019, of the regulations - of the People's Republic of China to schedule all fentanyl - analogues as controlled substances is a major step in combating - global opioid trafficking and represents a major achievement in - United States-China law enforcement dialogues. However, that - step will effectively fulfill the commitment that President Xi - Jinping of the People's Republic of China made to President - Donald Trump at the Group of Twenty meeting in December 2018 - only if the Government of the People's Republic of China - devotes sufficient resources to full implementation and strict - enforcement of the new regulations. The effective enforcement - of the new regulations should result in diminished trafficking - of illicit fentanyl originating from the People's Republic of - China into the United States, so it is in the interests of both - the United States and the People's Republic of China to support - the effective enforcement of the regulations. - (7) While the Department of the Treasury used the Foreign - Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to - sanction the first synthetic opioid trafficking entity in April - 2018, additional economic and financial sanctions policy tools - are needed to help combat the flow of synthetic opioids into - the United States. - -SEC. 6803. SENSE OF CONGRESS. - - It is the sense of Congress that-- - (1) the United States should apply economic and other - financial sanctions to foreign traffickers of illicit opioids - to protect the national security, foreign policy, and economy - of the United States and the health of the people of the United - States; - (2) it is imperative that the People's Republic of China - follow through on full implementation of the new regulations, - adopted May 1, 2019, to treat all fentanyl analogues as - controlled substances under the laws of the People's Republic - of China, including by devoting sufficient resources for - implementation and strict enforcement of the new regulations; - and - (3) the effective enforcement of the new regulations should - result in diminished trafficking of illicit fentanyl - originating from the People's Republic of China into the United - States, so it is in the interests of both the United States and - the People's Republic of China to support full, effective, and - strict enforcement of the regulations. - -SEC. 6804. DEFINITIONS. - - In this title: - (1) Alien; national; national of the united states.--The - terms ``alien'', ``national'', and ``national of the United - States'' have the meanings given those terms in section 101 of - the Immigration and Nationality Act (8 U.S.C. 1101). - (2) Appropriate congressional committees and leadership.-- - The term ``appropriate congressional committees and - leadership'' means-- - (A) the Committee on Appropriations, the Committee - on Armed Services, the Committee on Banking, Housing, - and Urban Affairs, the Committee on Foreign Relations, - the Committee on Homeland Security and Governmental - Affairs, the Committee on the Judiciary, the Select - Committee on Intelligence, and the majority leader and - the minority leader of the Senate; and - (B) the Committee on Appropriations, the Committee - on Armed Services, the Committee on Financial Services, - the Committee on Foreign Affairs, the Committee on - Homeland Security, the Committee on the Judiciary, the - Permanent Select Committee on Intelligence, and the - Speaker and the minority leader of the House of - Representatives. - (3) Controlled substance; listed chemical.--The terms - ``controlled substance'', ``listed chemical'', ``narcotic - drug'', and ``opioid'' have the meanings given those terms in - section 102 of the Controlled Substances Act (21 U.S.C. 802). - (4) Entity.--The term ``entity'' means a partnership, joint - venture, association, corporation, organization, network, - group, or subgroup, or any form of business collaboration. - (5) Foreign opioid trafficker.--The term ``foreign opioid - trafficker'' means any foreign person that the President - determines plays a significant role in opioid trafficking. - (6) Foreign person.--The term ``foreign person''-- - (A) means-- - (i) any citizen or national of a foreign - country; or - (ii) any entity not organized under the - laws of the United States or a jurisdiction - within the United States; and - (B) does not include the government of a foreign - country. - (7) Knowingly.--The term ``knowingly'', with respect to - conduct, a circumstance, or a result, means that a person has - actual knowledge, or should have known, of the conduct, the - circumstance, or the result. - (8) Opioid trafficking.--The term ``opioid trafficking'' - means any illicit activity-- - (A) to produce, manufacture, distribute, sell, or - knowingly finance or transport illicit synthetic - opioids, controlled substances that are synthetic - opioids, listed chemicals that are synthetic opioids, - or active pharmaceutical ingredients or chemicals that - are used in the production of controlled substances - that are synthetic opioids; - (B) to attempt to carry out an activity described - in subparagraph (A); or - (C) to assist, abet, conspire, or collude with - other persons to carry out such an activity. - (9) Person.--The term ``person'' means an individual or - entity. - (10) United states person.--The term ``United States - person'' means-- - (A) any citizen or national of the United States; - (B) any alien lawfully admitted for permanent - residence in the United States; - (C) any entity organized under the laws of the - United States or any jurisdiction within the United - States (including a foreign branch of such an entity); - or - (D) any person located in the United States. - - Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers - -SEC. 6811. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS. - - (a) Public Report.-- - (1) In general.--The President shall submit to the - appropriate congressional committees and leadership, in - accordance with subsection (c), a report-- - (A) identifying the foreign persons that the - President determines are foreign opioid traffickers; - (B) detailing progress the President has made in - implementing this subtitle; and - (C) providing an update on cooperative efforts with - the Governments of Mexico and the People's Republic of - China with respect to combating foreign opioid - traffickers. - (2) Identification of additional persons.--If, at any time - after submitting a report required by paragraph (1) and before - the submission of the next such report, the President - determines that a foreign person not identified in the report - is a foreign opioid trafficker, the President shall submit to - the appropriate congressional committees and leadership an - additional report containing the information required by - paragraph (1) with respect to the foreign person. - (3) Exclusion.--The President shall not be required to - include in a report under paragraph (1) or (2) any persons with - respect to which the United States has imposed sanctions before - the date of the report under this subtitle or any other - provision of law with respect to opioid trafficking. - (4) Form of report.-- - (A) In general.--Each report required by paragraph - (1) or (2) shall be submitted in unclassified form but - may include a classified annex. - (B) Availability to public.--The unclassified - portion of a report required by paragraph (1) or (2) - shall be made available to the public. - (b) Classified Report.-- - (1) In general.--The President shall submit to the - appropriate congressional committees and leadership, in - accordance with subsection (c), a report, in classified form-- - (A) describing in detail the status of sanctions - imposed under this subtitle, including the personnel - and resources directed toward the imposition of such - sanctions during the preceding fiscal year; - (B) providing background information with respect - to persons newly identified as foreign opioid - traffickers and their illicit activities; - (C) describing actions the President intends to - undertake or has undertaken to implement this subtitle; - and - (D) providing a strategy for identifying additional - foreign opioid traffickers. - (2) Effect on other reporting requirements.--The report - required by paragraph (1) is in addition to the obligations of - the President to keep Congress fully and currently informed - pursuant to the provisions of the National Security Act of 1947 - (50 U.S.C. 3001 et seq.). - (c) Submission of Reports.--Not later than 180 days after the date -of the enactment of this Act, and annually thereafter until the date -that is 5 years after such date of enactment, the President shall -submit the reports required by subsections (a) and (b) to the -appropriate congressional committees and leadership. - (d) Exclusion of Certain Information.-- - (1) Intelligence.--Notwithstanding any other provision of - this section, a report required by subsection (a) or (b) shall - not disclose the identity of any person if the Director of - National Intelligence determines that such disclosure could - compromise an intelligence operation, activity, source, or - method of the United States. - (2) Law enforcement.--Notwithstanding any other provision - of this section, a report required by subsection (a) or (b) - shall not disclose the identity of any person if the Attorney - General, in coordination, as appropriate, with the Director of - the Federal Bureau of Investigation, the Administrator of the - Drug Enforcement Administration, the Secretary of the Treasury, - the Secretary of State, and the head of any other appropriate - Federal law enforcement agency, determines that such disclosure - could reasonably be expected-- - (A) to compromise the identity of a confidential - source, including a State, local, or foreign agency or - authority or any private institution that furnished - information on a confidential basis; - (B) to jeopardize the integrity or success of an - ongoing criminal investigation or prosecution; - (C) to endanger the life or physical safety of any - person; or - (D) to cause substantial harm to physical property. - (3) Notification required.--If the Director of National - Intelligence makes a determination under paragraph (1) or the - Attorney General makes a determination under paragraph (2), the - Director or the Attorney General, as the case may be, shall - notify the appropriate congressional committees and leadership - of the determination and the reasons for the determination. - (4) Rule of construction.--Nothing in this section may be - construed to authorize or compel the disclosure of information - determined by the President to be law enforcement information, - national security information, or other information the - disclosure of which is prohibited by any other provision of - law. - (e) Provision of Information Required for Reports.--The Secretary -of the Treasury, the Attorney General, the Secretary of Defense, the -Secretary of State, the Secretary of Homeland Security, and the -Director of National Intelligence shall consult among themselves and -provide to the President and the Director of the Office of National -Drug Control Policy the appropriate and necessary information to enable -the President to submit the reports required by subsection (a). - -SEC. 6812. SENSE OF CONGRESS ON INTERNATIONAL OPIOID CONTROL REGIME. - - It is the sense of Congress that, in order to apply economic and -other financial sanctions to foreign traffickers of illicit opioids to -protect the national security, foreign policy, and economy of the -United States-- - (1) the President should instruct the Secretary of State to - commence immediately diplomatic efforts, both in appropriate - international fora such as the United Nations, the Group of - Seven, the Group of Twenty, and trilaterally and bilaterally - with partners of the United States, to combat foreign opioid - trafficking, including by working to establish a multilateral - sanctions regime with respect to foreign opioid trafficking; - and - (2) the Secretary of State, in consultation with the - Secretary of the Treasury, should intensify efforts to maintain - and strengthen the coalition of countries formed to combat - foreign opioid trafficking. - -SEC. 6813. IMPOSITION OF SANCTIONS. - - The President shall impose five or more of the sanctions described -in section 6814 with respect to each foreign person that is an entity, -and four or more of such sanctions with respect to each foreign person -that is an individual, that-- - (1) is identified as a foreign opioid trafficker in a - report submitted under section 6811(a); or - (2) the President determines is owned, controlled, directed - by, knowingly supplying or sourcing precursors for, or acting - for or on behalf of, such a foreign opioid trafficker. - -SEC. 6814. DESCRIPTION OF SANCTIONS. - - (a) In General.--The sanctions that may be imposed with respect to -a foreign person under section 6813 are the following: - (1) Loans from united states financial institutions.--The - United States Government may prohibit any United States - financial institution from making loans or providing credits to - the foreign person. - (2) Prohibitions on financial institutions.--The following - prohibitions may be imposed with respect to a foreign person - that is a financial institution: - (A) Prohibition on designation as primary dealer.-- - Neither the Board of Governors of the Federal Reserve - System nor the Federal Reserve Bank of New York may - designate, or permit the continuation of any prior - designation of, the financial institution as a primary - dealer in United States Government debt instruments. - (B) Prohibition on service as a repository of - government funds.--The financial institution may not - serve as agent of the United States Government or serve - as repository for United States Government funds. - The imposition of either sanction under subparagraph (A) or (B) - shall be treated as one sanction for purposes of section 6813, - and the imposition of both such sanctions shall be treated as 2 - sanctions for purposes of that section. - (3) Procurement ban.--The United States Government may not - procure, or enter into any contract for the procurement of, any - goods or services from the foreign person. - (4) Foreign exchange.--The President may, pursuant to such - regulations as the President may prescribe, prohibit any - transactions in foreign exchange that are subject to the - jurisdiction of the United States and in which the foreign - person has any interest. - (5) Banking transactions.--The President may, pursuant to - such regulations as the President may prescribe, prohibit any - transfers of credit or payments between financial institutions - or by, through, or to any financial institution, to the extent - that such transfers or payments are subject to the jurisdiction - of the United States and involve any interest of the foreign - person. - (6) Property transactions.--The President may, pursuant to - such regulations as the President may prescribe, prohibit any - person from-- - (A) acquiring, holding, withholding, using, - transferring, withdrawing, or transporting any property - that is subject to the jurisdiction of the United - States and with respect to which the foreign person has - any interest; - (B) dealing in or exercising any right, power, or - privilege with respect to such property; or - (C) conducting any transaction involving such - property. - (7) Ban on investment in equity or debt of sanctioned - person.--The President may, pursuant to such regulations or - guidelines as the President may prescribe, prohibit any United - States person from investing in or purchasing significant - amounts of equity or debt instruments of the foreign person. - (8) Exclusion of corporate officers.--The President may - direct the Secretary of State to deny a visa to, and the - Secretary of Homeland Security to exclude from the United - States, any alien that the President determines is a corporate - officer or principal of, or a shareholder with a controlling - interest in, the foreign person. - (9) Sanctions on principal executive officers.--The - President may impose on the principal executive officer or - officers of the foreign person, or on individuals performing - similar functions and with similar authorities as such officer - or officers, any of the sanctions described in paragraphs (1) - through (8) that are applicable. - (b) Penalties.--A person that violates, attempts to violate, -conspires to violate, or causes a violation of any regulation, license, -or order issued to carry out subsection (a) shall be subject to the -penalties set forth in subsections (b) and (c) of section 206 of the -International Emergency Economic Powers Act (50 U.S.C. 1705) to the -same extent as a person that commits an unlawful act described in -subsection (a) of that section. - (c) Exceptions.-- - (1) Intelligence and law enforcement activities.--Sanctions - under this section shall not apply with respect to-- - (A) any activity subject to the reporting - requirements under title V of the National Security Act - of 1947 (50 U.S.C. 3091 et seq.); or - (B) any authorized intelligence and law enforcement - activities of the United States. - (2) Exception to comply with united nations headquarters - agreement.--Sanctions under subsection (a)(8) shall not apply - to an alien if admitting the alien into the United States is - necessary to permit the United States to comply with the - Agreement regarding the Headquarters of the United Nations, - signed at Lake Success June 26, 1947, and entered into force - November 21, 1947, between the United Nations and the United - States, the Convention on Consular Relations, done at Vienna - April 24, 1963, and entered into force March 19, 1967, or other - applicable international obligations. - (d) Implementation; Regulatory Authority.-- - (1) Implementation.--The President may exercise all - authorities provided under sections 203 and 205 of the - International Emergency Economic Powers Act (50 U.S.C. 1702 and - 1704) to carry out this section. - (2) Regulatory authority.--The President shall issue such - regulations, licenses, and orders as are necessary to carry out - this section. - -SEC. 6815. WAIVERS. - - (a) Waiver for State-Owned Financial Institutions in Countries That -Cooperate in Multilateral Anti-Trafficking Efforts.-- - (1) In general.--The President may waive for a period of - not more than 12 months the application of sanctions under this - subtitle with respect to a financial institution that is owned - or controlled, directly or indirectly, by a foreign government - or any political subdivision, agency, or instrumentality of a - foreign government, if, not less than 15 days before the waiver - is to take effect, the President certifies to the appropriate - congressional committees and leadership that the foreign - government is closely cooperating with the United States in - efforts to prevent opioid trafficking. - (2) Certification.--The President may certify under - paragraph (1) that a foreign government is closely cooperating - with the United States in efforts to prevent opioid trafficking - if that government is-- - (A) implementing domestic laws to schedule all - fentanyl analogues as controlled substances; and - (B) doing two or more of the following: - (i) Implementing substantial improvements - in regulations involving the chemical and - pharmaceutical production and export of illicit - opioids. - (ii) Implementing substantial improvements - in judicial regulations to combat transnational - criminal organizations that traffic opioids. - (iii) Increasing efforts to prosecute - foreign opioid traffickers. - (iv) Increasing intelligence sharing and - law enforcement cooperation with the United - States with respect to opioid trafficking. - (3) Subsequent renewal of waiver.--The President may renew - a waiver under paragraph (1) for subsequent periods of not more - than 12 months each if, not less than 15 days before the - renewal is to take effect, the Director of National - Intelligence certifies to the appropriate congressional - committees and leadership that the government of the country to - which the waiver applies has effectively implemented and is - effectively enforcing the measures that formed the basis for - the certification under paragraph (2). - (b) Waivers for National Security and Access to Prescription -Medications.-- - (1) In general.--The President may waive the application of - sanctions under this subtitle if the President determines that - the application of such sanctions would harm-- - (A) the national security interests of the United - States; or - (B) subject to paragraph (2), the access of United - States persons to prescription medications. - (2) Monitoring.--The President shall establish a monitoring - program to verify that a person that receives a waiver under - paragraph (1)(B) is not trafficking illicit opioids. - (3) Notification.--Not later than 15 days after making a - determination under paragraph (1), the President shall notify - the appropriate congressional committees and leadership of the - determination and the reasons for the determination. - (c) Humanitarian Waiver.--The President may waive, for renewable -periods of 180 days, the application of the sanctions under this -subtitle if the President certifies to the appropriate congressional -committees and leadership that the waiver is necessary for the -provision of humanitarian assistance. - -SEC. 6816. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION. - - (a) In General.--If a finding under this subtitle, or a -prohibition, condition, or penalty imposed as a result of any such -finding, is based on classified information (as defined in section 1(a) -of the Classified Information Procedures Act (18 U.S.C. App.)) and a -court reviews the finding or the imposition of the prohibition, -condition, or penalty, the President may submit such information to the -court ex parte and in camera. - (b) Rule of Construction.--Nothing in this section shall be -construed to confer or imply any right to judicial review of any -finding under this subtitle, or any prohibition, condition, or penalty -imposed as a result of any such finding. - -SEC. 6817. BRIEFINGS ON IMPLEMENTATION. - - Not later than 90 days after the date of the enactment of the -Fentanyl Sanctions Act, and every 180 days thereafter until the date -that is 5 years after such date of enactment, the President, acting -through the Secretary of State, in coordination with the Secretary of -the Treasury, shall provide to the appropriate congressional committees -and leadership a comprehensive briefing on efforts to implement this -subtitle. - -SEC. 6818. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL NARCOTICS - CONTROL STRATEGY REPORT. - - Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. -2291(a)) is amended by adding at the end the following: - ``(9)(A) An assessment conducted by the Secretary of State, - in consultation with the Secretary of the Treasury, of the - extent to which any diplomatic efforts described in section - 6812 of the Fentanyl Sanctions Act have been successful. - ``(B) Each assessment required by subparagraph (A) shall - include an identification of-- - ``(i) the countries the governments of which have - agreed to undertake measures to apply economic or other - financial sanctions to foreign traffickers of illicit - opioids and a description of those measures; and - ``(ii) the countries the governments of which have - not agreed to measures described in clause (i), and, - with respect to those countries, other measures the - Secretary of State recommends that the United States - take to apply economic and other financial sanctions to - foreign traffickers of illicit opioids.''. - - Subtitle B--Commission on Combating Synthetic Opioid Trafficking - -SEC. 6821. COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING. - - (a) Establishment.-- - (1) In general.--There is established a commission to - develop a consensus on a strategic approach to combating the - flow of synthetic opioids into the United States. - (2) Designation.--The commission established under - paragraph (1) shall be known as the ``Commission on Synthetic - Opioid Trafficking'' (in this section referred to as the - ``Commission''). - (b) Membership.-- - (1) Composition.-- - (A) In general.--Subject to subparagraph (B), the - Commission shall be composed of the following members: - (i) The Administrator of the Drug - Enforcement Administration. - (ii) The Secretary of Homeland Security. - (iii) The Secretary of Defense. - (iv) The Secretary of the Treasury. - (v) The Secretary of State. - (vi) Two members appointed by the majority - leader of the Senate, one of whom shall be a - Member of the Senate and one of whom shall not - be. - (vii) Two members appointed by the minority - leader of the Senate, one of whom shall be a - Member of the Senate and one of whom shall not - be. - (viii) Two members appointed by the Speaker - of the House of Representatives, one of whom - shall be a Member of the House of - Representatives and one of whom shall not be. - (ix) Two members appointed by the minority - leader of the House of Representatives, one of - whom shall be a Member of the House of - Representatives and one of whom shall not be. - (B)(i) The members of the Commission who are not - Members of Congress and who are appointed under clauses - (vi) through (ix) of subparagraph (A) shall be - individuals who are nationally recognized for - expertise, knowledge, or experience in-- - (I) transnational criminal organizations - conducting synthetic opioid trafficking; - (II) the production, manufacturing, - distribution, sale, or transportation of - synthetic opioids; or - (III) relations between-- - (aa) the United States; and - (bb) the People's Republic of - China, Mexico, or any other country of - concern with respect to trafficking in - synthetic opioids. - (ii) An official who appoints members of the - Commission may not appoint an individual as a member of - the Commission if the individual possesses any personal - or financial interest in the discharge of any of the - duties of the Commission. - (iii)(I) All members of the Commission described in - clause (i) shall possess an appropriate security - clearance in accordance with applicable provisions of - law concerning the handling of classified information. - (II) For the purpose of facilitating the activities - of the Commission, the Director of National - Intelligence shall expedite to the fullest degree - possible the processing of security clearances that are - necessary for members of the Commission. - (2) Co-chairs.-- - (A) In general.--The Commission shall have 2 co- - chairs, selected from among the members of the - Commission, one of whom shall be a member of the - majority party and one of whom shall be a member of the - minority party. - (B) Selection.--The individuals who serve as the - co-chairs of the Commission shall be jointly agreed - upon by the President, the majority leader of the - Senate, the minority leader of the Senate, the Speaker - of the House of Representatives, and the minority - leader of the House of Representatives. - (c) Duties.--The duties of the Commission are as follows: - (1) To define the core objectives and priorities of the - strategic approach described in subsection (a)(1). - (2) To weigh the costs and benefits of various strategic - options to combat the flow of synthetic opioids from the - People's Republic of China, Mexico, and other countries. - (3) To evaluate whether the options described in paragraph - (2) are exclusive or complementary, the best means for - executing such options, and how the United States should - incorporate and implement such options within the strategic - approach described in subsection (a)(1). - (4) To review and make determinations on the difficult - choices present within such options, among them what norms- - based regimes the United States should seek to establish to - encourage the effective regulation of dangerous synthetic - opioids. - (5) To report on efforts by actors in the People's Republic - of China to subvert United States laws and to supply illicit - synthetic opioids to persons in the United States, including - up-to-date estimates of the scale of illicit synthetic opioids - flows from the People's Republic of China. - (6) To report on the deficiencies in the regulation of - pharmaceutical and chemical production of controlled substances - and export controls with respect to such substances in the - People's Republic of China and other countries that allow - opioid traffickers to subvert such regulations and controls to - traffic illicit opioids into the United States. - (7) To report on the scale of contaminated or counterfeit - drugs originating from the People's Republic of China and - India. - (8) To report on how the United States could work more - effectively with provincial and local officials in the People's - Republic of China and other countries to combat the illicit - production of synthetic opioids. - (9) In weighing the options for defending the United States - against the dangers of trafficking in synthetic opioids, to - consider possible structures and authorities that need to be - established, revised, or augmented within the Federal - Government. - (d) Functioning of Commission.--The provisions of subsections (c), -(d), (e), (g), (h), (i), and (m) of section 1652 of the John S. McCain -National Defense Authorization Act for Fiscal Year 2019 (Public Law -115-232) shall apply to the Commission to the same extent and in the -same manner as such provisions apply to the commission established -under that section, except that-- - (1) subsection (c)(1) of that section shall be applied and - administered by substituting ``30 days'' for ``45 days''; - (2) subsection (g)(4)(A) of that section shall be applied - and administered by inserting ``and the Attorney General'' - after ``Secretary of Defense''; and - (3) subsections (h)(2)(A) and (i)(1)(A) of that section - shall be applied and administered by substituting ``level V of - the Executive Schedule under section 5316'' for ``level IV of - the Executive Schedule under section 5315''. - (e) Treatment of Information Relating to National Security.-- - (1) Responsibility of director of national intelligence.-- - The Director of National Intelligence shall assume - responsibility for the handling and disposition of any - information related to the national security of the United - States that is received, considered, or used by the Commission - under this section. - (2) Information provided by congress.--Any information - related to the national security of the United States that is - provided to the Commission by the appropriate congressional - committees and leadership may not be further provided or - released without the approval of the chairperson of the - committee, or the Member of Congress, as the case may be, that - provided the information to the Commission. - (3) Access after termination of commission.-- - Notwithstanding any other provision of law, after the - termination of the Commission under subsection (h), only the - members and designated staff of the appropriate congressional - committees and leadership, the Director of National - Intelligence (and the designees of the Director), and such - other officials of the executive branch as the President may - designate shall have access to information related to the - national security of the United States that is received, - considered, or used by the Commission. - (f) Reports.--The Commission shall submit to the appropriate -congressional committees and leadership-- - (1) not later than 270 days after the date of the enactment - of this Act, an initial report on the activities and - recommendations of the Commission under this section; and - (2) not later than 270 days after the submission of the - initial report under paragraph (1), a final report on the - activities and recommendations of the Commission under this - section. - (g) Authorization of Appropriations.--There are authorized to be -appropriated $5,000,000 for each of fiscal years 2020 through 2023 to -carry out this section. - (h) Termination.-- - (1) In general.--The Commission, and all the authorities of - this section, shall terminate at the end of the 120-day period - beginning on the date on which the final report required by - subsection (f)(2) is submitted to the appropriate congressional - committees and leadership. - (2) Winding up of affairs.--The Commission may use the 120- - day period described in paragraph (1) for the purposes of - concluding its activities, including providing testimony to - Congress concerning the final report required by subsection - (f)(2) and disseminating the report. - - Subtitle C--Other Matters - -SEC. 6831. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE OF - INTELLIGENCE RESOURCES IN EFFORTS TO SANCTION FOREIGN - OPIOID TRAFFICKERS. - - (a) Program Required.-- - (1) In general.--The Director of National Intelligence - shall, with the concurrence of the Director of the Office of - National Drug Control Policy, carry out a program to allocate - and enhance use of resources of the intelligence community, - including intelligence collection and analysis, to assist the - Secretary of the Treasury, the Secretary of State, and the - Administrator of the Drug Enforcement Administration in efforts - to identify and impose sanctions with respect to foreign opioid - traffickers under subtitle A. - (2) Focus on illicit finance.--To the extent practicable, - efforts described in paragraph (1) shall-- - (A) take into account specific illicit finance - risks related to narcotics trafficking; and - (B) be developed in consultation with the - Undersecretary of the Treasury for Terrorism and - Financial Crimes, appropriate officials of the Office - of Intelligence and Analysis of the Department of the - Treasury, the Director of the Financial Crimes - Enforcement Network, and appropriate Federal law - enforcement agencies. - (b) Review of Counternarcotics Efforts of the Intelligence -Community.--The Director of National Intelligence shall, in -coordination with the Director of the Office of National Drug Control -Policy, carry out a comprehensive review of the current intelligence -collection priorities of the intelligence community for -counternarcotics purposes in order to identify whether such priorities -are appropriate and sufficient in light of the number of lives lost in -the United States each year due to use of illegal drugs. - (c) Reports.-- - (1) Quarterly reports on program.--Not later than 90 days - after the date of the enactment of this Act, and every 90 days - thereafter, the Director of National Intelligence and the - Director of the Office of National Drug Control Policy shall - jointly submit to the appropriate congressional committees and - leadership a report on the status and accomplishments of the - program required by subsection (a) during the 90-day period - ending on the date of the report. The first report under this - paragraph shall also include a description of the amount of - funds devoted by the intelligence community to the efforts - described in subsection (a) during each of fiscal years 2017 - and 2018. - (2) Report on review.--Not later than 120 days after the - date of the enactment of this Act, the Director of National - Intelligence and the Director of the Office of National Drug - Control Policy shall jointly submit to the appropriate - congressional committees and leadership a comprehensive - description of the results of the review required by subsection - (b), including whether the priorities described in that - subsection are appropriate and sufficient in light of the - number of lives lost in the United States each year due to use - of illegal drugs. If the report concludes that such priorities - are not so appropriate and sufficient, the report shall also - include a description of the actions to be taken to modify such - priorities in order to assure than such priorities are so - appropriate and sufficient. - (d) Intelligence Community Defined.--In this section, the term -``intelligence community'' has the meaning given that term in section -3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). - -SEC. 6832. DEPARTMENT OF DEFENSE FUNDING. - - (a) Authorization of Appropriations.--There are authorized to be -appropriated to the Secretary of Defense to carry out the operations -and activities described in subsection (b) $25,000,000 for each of -fiscal years 2020 through 2025. - (b) Operations and Activities.--The operations and activities -described in this subsection are the operations and activities of the -Department of Defense in support of any other department or agency of -the United States Government solely for purposes of carrying out this -title. - (c) Supplement Not Supplant.--Amounts made available under -subsection (a) shall supplement and not supplant other amounts -available to carry out the operations and activities described in -subsection (b). - (d) Notification Requirement.--Amounts authorized to be -appropriated by subsection (a) may not be obligated until 15 days after -the date on which the President notifies the appropriate committees of -Congress of the President's intention to obligate such funds. - (e) Concurrence of Secretary of State.--Operations and activities -described in subsection (b) carried out with foreign persons shall be -conducted with the concurrence of the Secretary of State. - -SEC. 6833. DEPARTMENT OF STATE FUNDING. - - (a) Authorization of Appropriations.--There are authorized to be -appropriated to the Secretary of State to carry out the operations and -activities described in subsection (b) $25,000,000 for each of fiscal -years 2020 through 2025. - (b) Operations and Activities Described.--The operations and -activities described in this subsection are the operations and -activities of the Department of State in carrying out this title. - (c) Supplement Not Supplant.--Amounts authorized to be appropriated -by subsection (a) shall supplement and not supplant other amounts -available to carry out the operations and activities described in -subsection (b). - (d) Notification Requirement.--Amounts authorized to be -appropriated by subsection (a) may not be obligated until 15 days after -the date on which the President notifies the appropriate committees of -Congress of the President's intention to obligate such funds. - -SEC. 6834. DEPARTMENT OF THE TREASURY FUNDING. - - (a) Authorization of Appropriations.--There are authorized to be -appropriated to the Secretary of the Treasury to carry out the -operations and activities described in subsection (b) $25,000,000 for -each of fiscal years 2020 through 2025. - (b) Operations and Activities Described.--The operations and -activities described in this subsection are the operations and -activities of the Department of the Treasury in carrying out this -title. - (c) Supplement Not Supplant.--Amounts authorized to be appropriated -by subsection (a) shall supplement and not supplant other amounts -available to carry out the operations and activities described in -subsection (b). - (d) Notification Requirement.--Amounts authorized to be -appropriated by subsection (a) may not be obligated until 15 days after -the date on which the President notifies the appropriate committees of -Congress of the President's intention to obligate such funds. - -SEC. 6835. TERMINATION. - - The provisions of this title, and any sanctions imposed pursuant to -this title, shall terminate on the date that is 7 years after the date -of the enactment of this Act. - -SEC. 6836. EXCEPTION RELATING TO IMPORTATION OF GOODS. - - (a) In General.--The authorities and requirements to impose -sanctions under this title shall not include the authority or a -requirement to impose sanctions on the importation of goods. - (b) Good Defined.--In this section, the term ``good'' means any -article, natural or manmade substance, material, supply or manufactured -product, including inspection and test equipment, and excluding -technical data. - -SEC. 6837. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. - - In this subtitle, the term ``appropriate committees of Congress'' -means-- - (1) the Committee on Armed Services, the Committee on - Banking, Housing, and Urban Affairs, the Committee on Foreign - Relations, the Select Committee on Intelligence, and the - Committee on Appropriations of the Senate; and - (2) the Committee on Armed Services, the Committee on - Financial Services, the Committee on Foreign Affairs, the - Permanent Select Committee on Intelligence, and the Committee - on Appropriations of the House of Representatives. - - TITLE LXIX--OTTO WARMBIER BANKING RESTRICTIONS INVOLVING NORTH KOREA - ACT OF 2019 - -SEC. 6901. SHORT TITLE. - - This title may be cited as the ``Otto Warmbier Banking Restrictions -Involving North Korea Act of 2019''. - - Subtitle A--Sanctions With Respect to North Korea - -SEC. 6911. FINDINGS. - - Congress finds the following: - (1) Since 2006, the United Nations Security Council has - adopted 10 resolutions imposing sanctions against North Korea - under chapter VII of the United Nations Charter, which-- - (A) prohibit the use, development, and - proliferation of weapons of mass destruction by North - Korea; - (B) prohibit the supply, sale, or transfer of arms - and related materiel to or from North Korea; - (C) prohibit the transfer of luxury goods to North - Korea; - (D) restrict access by North Korea to financial - services that could contribute to nuclear, missile, or - other programs related to the development of weapons of - mass destruction; - (E) restrict North Korean shipping, including the - registration, reflagging, or insuring of North Korean - ships; - (F) prohibit, with limited exceptions, North Korean - exports of coal, precious metals, iron, vanadium, and - rare earth minerals; - (G) prohibit the transfer to North Korea of rocket, - aviation, or jet fuel, as well as gasoline, - condensates, and natural gas liquids; - (H) prohibit new work authorization for North - Korean laborers and require the repatriation of all - North Korean laborers by December 2019; - (I) prohibit exports of North Korean food and - agricultural products, including seafood; - (J) prohibit joint ventures or cooperative - commercial entities or expanding joint ventures with - North Korea; - (K) prohibit exports of North Korean textiles; - (L) require member countries of the United Nations - to seize, inspect, and impound any ship in its - jurisdiction that is suspected of violating Security - Council resolutions with respect to North Korea and to - interdict and inspect all cargo heading to or from - North Korea by land, sea, or air; - (M) limit the transfer to North Korea of refined - petroleum products and crude oil; - (N) ban the sale or transfer to North Korea of - industrial machinery, transportation vehicles, - electronics, iron, steel, and other metals; - (O) reduce North Korean diplomatic staff numbers in - member countries of the United Nations and expel any - North Korean diplomats found to be working on behalf of - a person subject to sanctions or assisting in sanctions - evasion; - (P) limit North Korean diplomatic missions abroad - with respect to staff size and access to banking - privileges and prohibit commerce from being conducted - out of North Korean consular or diplomatic offices; - (Q) require member states of the United Nations to - close representative offices, subsidiaries, and bank - accounts in North Korea; - (R) prohibit countries from providing or receiving - military training to or from North Korea or hosting - North Koreans for specialized teaching or training that - could contribute to the programs of North Korea related - to the development of weapons of mass destruction; - (S) ban countries from granting landing and flyover - rights to North Korean aircraft; and - (T) prohibit trade in statuary of North Korean - origin. - (2) The Government of North Korea has threatened to carry - out nuclear attacks against the United States, South Korea, and - Japan. - (3) The Government of North Korea tested its sixth and - largest nuclear device on September 3, 2017. - (4) According to a report by the International Atomic - Energy Agency released in August 2018, ``The continuation and - further development of the DPRK's nuclear programme and related - statements by the DPRK are a cause for grave concern. The - DPRK's nuclear activities, including those in relation to the - Yongbyon Experimental Nuclear Power Plant (5 MW(e)) reactor, - the use of the building which houses the reported centrifuge - enrichment facility and the construction at the light water - reactor, as well as the DPRK's sixth nuclear test, are clear - violations of relevant UN Security Council resolutions, - including resolution 2375 (2017) and are deeply regrettable.''. - (5) In July 2018, Secretary of State Mike Pompeo testified - to the Committee on Foreign Relations of the Senate that North - Korea ``continue[s] to produce fissile material'' despite - public pledges by North Korean leader Kim Jong-un to - denuclearize. - (6) The 2019 Missile Defense Review conducted by the - Department of Defense states that North Korea ``continues to - pose an extraordinary threat and the United States must remain - vigilant. In the past, North Korea frequently issued explicit - nuclear missile threats against the United States and allies, - all the while working aggressively to field the capability to - strike the U.S. homeland with nuclear-armed ballistic missiles. - Over the past decade, it has invested considerable resources in - its nuclear and ballistic missile programs, and undertaken - extensive nuclear and missile testing in order to realize the - capability to threaten the U.S. homeland with missile attack. - As a result, North Korea has neared the time when it could - credibly do so.''. - (7) Financial transactions and investments that provide - financial resources to the Government of North Korea, and that - fail to incorporate adequate safeguards against the misuse of - those financial resources, pose an undue risk of contributing - to-- - (A) weapons of mass destruction programs of that - Government; and - (B) efforts to evade restrictions required by the - United Nations Security Council on imports or exports - of arms and related materiel, services, or technology - by that Government. - (8) The Federal Bureau of Investigation has determined that - the Government of North Korea was responsible for cyberattacks - against entities in the United States, South Korea, and around - the world. - (9) In November 2017, President Donald Trump designated the - government of North Korea as a state sponsor of terrorism - pursuant to authorities under the Export Administration Act of - 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect at - the time under the International Emergency Economic Powers Act - (50 U.S.C. 1701 et seq.)), the Foreign Assistance Act of 1961 - (22 U.S.C. 2151 et seq.), and the Arms Export Control Act (22 - U.S.C. 2751 et seq.); - (10) On February 22, 2018, the Secretary of State - determined that the Government of North Korea was responsible - for the lethal nerve agent attack in 2017 on Kim Jong Nam, the - half-brother of North Korean leader Kim Jong-un, in Malaysia, - triggering sanctions required under the Chemical and Biological - Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. - 5601 et seq.). - (11) The strict enforcement of sanctions is essential to - the efforts of the international community to achieve the - peaceful, complete, verifiable, and irreversible dismantlement - of weapons of mass destruction programs of the Government of - North Korea. - -SEC. 6912. SENSE OF CONGRESS. - - It is the sense of Congress that-- - (1) the United States is committed to working with its - allies and partners to halt the nuclear and ballistic missile - programs of North Korea through a policy of maximum pressure - and diplomatic engagement; - (2) the imposition of sanctions, including those under this - title, should not be construed to limit the authority of the - President to fully engage in diplomatic negotiations to further - the policy objective described in paragraph (1); - (3) the successful use of sanctions to halt the nuclear and - ballistic missile programs of North Korea is part of a broader - diplomatic and economic strategy that relies on effective - coordination among relevant Federal agencies and officials, as - well as with international partners of the United States; and - (4) the coordination described in paragraph (3) should - include proper vetting of external messaging and communications - from all parts of the Executive branch to ensure that those - communications are an intentional component of and aligned with - the strategy of the United States with respect to North Korea. - -SEC. 6913. DEFINITIONS. - - In this subtitle, the terms ``applicable Executive order'', -``applicable United Nations Security Council resolution'', -``appropriate congressional committees'', ``Government of North -Korea'', ``North Korea'', and ``North Korean financial institution'' -have the meanings given those terms in section 3 of the North Korea -Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202). - - PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS - -SEC. 6921. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS - THAT PROVIDE FINANCIAL SERVICES TO CERTAIN SANCTIONED - PERSONS. - - (a) In General.--Title II of the North Korea Sanctions and Policy -Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is amended by -inserting after the item relating to section 201A the following: - -``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS - THAT PROVIDE FINANCIAL SERVICES TO CERTAIN SANCTIONED - PERSONS. - - ``(a) In General.--The Secretary of the Treasury shall impose one -or more of the sanctions described in subsection (b) with respect to a -foreign financial institution that the Secretary determines, on or -after the date that is 90 days after the date of the enactment of the -Otto Warmbier Banking Restrictions Involving North Korea Act of 2019, -knowingly provides significant financial services to any person -designated for the imposition of sanctions under-- - ``(1) subsection (a) or (b) of section 104; - ``(2) an applicable Executive order; or - ``(3) an applicable United Nations Security Council - resolution. - ``(b) Sanctions Described.--The sanctions that may be imposed with -respect to a foreign financial institution subject to subsection (a) -are the following: - ``(1) Asset blocking.--The Secretary may block and - prohibit, pursuant to the International Emergency Economic - Powers Act (50 U.S.C. 1701 et seq.), all transactions in all - property and interests in property of the foreign financial - institution if such property and interests in property are in - the United States, come within the United States, or are or - come within the possession or control of a United States - person. - ``(2) Restrictions on correspondent and payable-through - accounts.--The Secretary may prohibit, or impose strict - conditions on, the opening or maintaining in the United States - of a correspondent account or a payable-through account by the - foreign financial institution. - ``(c) Implementation; Penalties.-- - ``(1) Implementation.--The President may exercise all - authorities provided under sections 203 and 205 of the - International Emergency Economic Powers Act (50 U.S.C. 1702 and - 1704) to carry out this section. - ``(2) Penalties.--A person that violates, attempts to - violate, conspires to violate, or causes a violation of this - section or any regulation, license, or order issued to carry - out this section shall be subject to the penalties set forth in - subsections (b) and (c) of section 206 of the International - Emergency Economic Powers Act (50 U.S.C. 1705) to the same - extent as a person that commits an unlawful act described in - subsection (a) of that section. - ``(d) Regulations.--Not later than 180 days after the date of the -enactment of the Otto Warmbier Banking Restrictions Involving North -Korea Act of 2019, the President shall, as appropriate, prescribe -regulations to carry out this section. - ``(e) Exception Relating to Importation of Goods.-- - ``(1) In general.--Notwithstanding section 404(b) or any - provision of this section, the authorities and requirements to - impose sanctions under this section shall not include the - authority or a requirement to impose sanctions on the - importation of goods. - ``(2) Good defined.--In this subsection, the term `good' - means any article, natural or manmade substance, material, - supply or manufactured product, including inspection and test - equipment, and excluding technical data. - ``(f) Definitions.--In this section: - ``(1) Account; correspondent account; payable-through - account.--The terms `account', `correspondent account', and - `payable-through account' have the meanings given those terms - in section 5318A of title 31, United States Code. - ``(2) Financial institution.--The term `financial - institution' means a financial institution specified in - subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), - (M), or (Y) of section 5312(a)(2) of title 31, United States - Code. - ``(3) Foreign financial institution.--The term `foreign - financial institution' shall have the meaning of that term as - determined by the Secretary of the Treasury. - ``(4) Knowingly.--The term `knowingly', with respect to - conduct, a circumstance, or a result, means that a person has - actual knowledge, or should have known, of the conduct, the - circumstance, or the result.''. - (b) Clerical Amendment.--The table of contents for the North Korea -Sanctions and Policy Enhancement Act of 2016 is amended by inserting -after the item relating to section 201A the following: - -``201B. Sanctions with respect to foreign financial institutions that - provide financial services to certain - sanctioned persons.''. - -SEC. 6922. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION - PREVENTION SANCTIONS. - - Section 203(b)(2) of the North Korea Sanctions and Policy -Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by striking -``2 years'' and inserting ``5 years''. - -SEC. 6923. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING OF PROPERTY - OF NORTH KOREAN OFFICIALS. - - It is the sense of Congress that the President should-- - (1) encourage international collaboration through the - Financial Action Task Force and its global network to utilize - its standards and apply means at its disposal to counter the - money laundering, terrorist financing, and proliferation - financing threats emanating from North Korea; and - (2) prioritize multilateral efforts to identify and block-- - (A) any property owned or controlled by a North - Korean official; and - (B) any significant proceeds of kleptocracy by the - Government of North Korea or a North Korean official. - -SEC. 6924. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED NATIONS - SECURITY COUNCIL RESOLUTIONS BY OTHER GOVERNMENTS. - - Section 317 of the Korean Interdiction and Modernization of -Sanctions Act (title III of Public Law 115-44; 131 Stat. 950) is -amended-- - (1) in subsection (a)-- - (A) in the matter preceding paragraph (1), by - striking ``Not later than 180 days after the date of - the enactment of this Act, and annually thereafter for - 5 years,'' and inserting ``Not later than 180 days - after the date of the enactment of the Otto Warmbier - Banking Restrictions Involving North Korea Act of 2019, - and annually thereafter for 5 years,''; - (B) in paragraph (3), by striking ``; or'' and - inserting a semicolon; - (C) by redesignating paragraph (4) as paragraph - (8); and - (D) by inserting after paragraph (3) the following: - ``(4) prohibit, in the territories of such countries or by - persons subject to the jurisdiction of such governments, the - opening of new joint ventures or cooperative entities with - North Korean persons or the expansion of existing joint - ventures through additional investments, whether or not for or - on behalf of the Government of North Korea, unless such joint - ventures or cooperative entities have been approved by the - Committee of the United Nations Security Council established by - United Nations Security Council Resolution 1718 (2006); - ``(5) prohibit the unauthorized clearing of funds by North - Korean financial institutions through financial institutions - subject to the jurisdiction of such governments; - ``(6) prohibit the unauthorized conduct of commercial trade - with North Korea that is prohibited under applicable United - Nations Security Council resolutions; - ``(7) prevent the provision of financial services to North - Korean persons or the transfer of financial services to North - Korean persons to, through, or from the territories of such - countries or by persons subject to the jurisdiction of such - governments; or''; and - (2) by amending subsection (c) to read as follows: - ``(c) Definitions.--In this section: - ``(1) Appropriate congressional committees and - leadership.--The term `appropriate congressional committees and - leadership' means-- - ``(A) the Committee on Foreign Relations, the - Committee on Banking, Housing, and Urban Affairs, and - the majority and minority leaders of the Senate; and - ``(B) the Committee on Foreign Affairs, the - Committee on Financial Services, the Committee on Ways - and Means, and the Speaker, the majority leader, and - the minority leader of the House of Representatives. - ``(2) Applicable united nations security council - resolution; north korean financial institution; north korean - person.--The terms `applicable United Nations Security Council - resolution', `North Korean financial institution', and `North - Korean person' have the meanings given those terms in section 3 - of the North Korea Sanctions and Policy Enhancement Act of 2016 - (22 U.S.C. 9202).''. - -SEC. 6925. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF BENEFICIAL - OWNERSHIP RULES TO ACCESS THE INTERNATIONAL FINANCIAL - SYSTEM. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, the Secretary of the Treasury shall submit to -the appropriate congressional committees a report setting forth the -findings of the Secretary regarding how the Government of North Korea -is exploiting laws with respect to the beneficial owner of an entity in -order to access the international financial system. - (b) Elements.--The Secretary shall include in the report required -under subsection (a) proposals for such legislative and administrative -action as the Secretary considers appropriate to combat the abuse by -the Government of North Korea of shell companies and other similar -entities to avoid or evade sanctions. - (c) Form.--The report required by subsection (a) shall be submitted -in unclassified form but may include a classified annex. - - PART II--CONGRESSIONAL REVIEW AND OVERSIGHT - -SEC. 6931. NOTIFICATION OF TERMINATION OR SUSPENSION OF SANCTIONS. - - Not less than 15 days before taking any action to terminate or -suspend the application of sanctions under this subtitle or an -amendment made by this subtitle, the President shall notify the -appropriate congressional committees of the President's intent to take -the action and the reasons for the action. - -SEC. 6932. REPORTS ON CERTAIN LICENSING ACTIONS. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, and every 180 days thereafter, the President -shall submit to the appropriate congressional committees a report on -the operation of the system for issuing licenses for transactions under -covered regulatory provisions during the preceding 180-day period that -includes-- - (1) the number and types of such licenses applied for - during that period; and - (2) the number and types of such licenses issued during - that period. - (b) Covered Regulatory Provision Defined.--In this section, the -term ``covered regulatory provision'' means any of the following -provisions, as in effect on the day before the date of the enactment of -this Act and as such provisions relate to North Korea: - (1) Part 743, 744, or 746 of title 15, Code of Federal - Regulations. - (2) Part 510 of title 31, Code of Federal Regulations. - (3) Any other provision of title 31, Code of Federal - Regulations. - (c) Form.--Each report required by subsection (a) shall be -submitted in unclassified form but may include a classified annex. - -SEC. 6933. BRIEFINGS ON IMPLEMENTATION AND ENFORCEMENT OF SANCTIONS. - - Not later than 90 days after the date of the enactment of this Act, -and every 180 days thereafter, the Secretary of the Treasury shall -provide to the appropriate congressional committees a briefing on -efforts relating to the implementation and enforcement of United States -sanctions with respect to North Korea, including appropriate updates on -the efforts of the Department of the Treasury to address compliance -with such sanctions by foreign financial institutions. - -SEC. 6934. REPORT ON FINANCIAL NETWORKS AND FINANCIAL METHODS OF THE - GOVERNMENT OF NORTH KOREA. - - (a) Report Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, and annually thereafter through - 2025, the President shall submit to the appropriate - congressional committees a report on sources of external - support for the Government of North Korea that includes-- - (A) a description of the methods used by the - Government of North Korea to deal in, transact in, or - conceal the ownership, control, or origin of goods and - services exported by North Korea; - (B) an assessment of the relationship between the - proliferation of weapons of mass destruction by the - Government of North Korea and the financial industry or - financial institutions; - (C) an assessment of the relationship between the - acquisition by the Government of North Korea of - military expertise, equipment, and technology and the - financial industry or financial institutions; - (D) a description of the export by any person to - the United States of goods, services, or technology - that are made with significant amounts of North Korean - labor, material, or goods, including minerals, - manufacturing, seafood, overseas labor, or other - exports from North Korea; - (E) an assessment of the involvement of any person - in human trafficking involving citizens or nationals of - North Korea; - (F) a description of how the President plans to - address the flow of funds generated by activities - described in subparagraphs (A) through (E), including - through the use of sanctions or other means; - (G) an assessment of the extent to which the - Government of North Korea engages in criminal - activities, including money laundering, to support that - Government; - (H) information relating to the identification, - blocking, and release of property described in section - 201B(b)(1) of the North Korea Sanctions and Policy - Enhancement Act of 2016, as added by section 1721; - (I) a description of the metrics used to measure - the effectiveness of law enforcement and diplomatic - initiatives of Federal, State, and foreign governments - to comply with the provisions of applicable United - Nations Security Council resolutions; and - (J) an assessment of the effectiveness of programs - within the financial industry to ensure compliance with - United States sanctions, applicable United Nations - Security Council resolutions, and applicable Executive - orders. - (2) Form.--Each report required by paragraph (1) shall be - submitted in unclassified form but may include a classified - annex. - (b) Interagency Coordination.--The President shall ensure that any -information collected pursuant to subsection (a) is shared among the -Federal departments and agencies involved in investigations described -in section 102(b) of the North Korea Sanctions and Policy Enhancement -Act of 2016 (22 U.S.C. 9212(b)). - -SEC. 6935. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO - TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF CERTAIN - ITEMS TO NORTH KOREA. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, and annually thereafter through 2023, the -Director of National Intelligence shall submit to the President, the -Secretary of Defense, the Secretary of Commerce, the Secretary of -State, the Secretary of the Treasury, and the appropriate congressional -committees a report that identifies all countries that the Director -determines are of concern with respect to transshipment, reexportation, -or diversion of items subject to the provisions of the Export -Administration Regulations under subchapter C of chapter VII of title -15, Code of Federal Regulations, to an entity owned or controlled by -the Government of North Korea. - (b) Form.--Each report required by subsection (a) shall be -submitted in unclassified form but may include a classified annex. - - PART III--GENERAL MATTERS - -SEC. 6941. RULEMAKING. - - The President shall prescribe such rules and regulations as may be -necessary to carry out this subtitle and amendments made by this -subtitle. - -SEC. 6942. AUTHORITY TO CONSOLIDATE REPORTS. - - (a) In General.--Any and all reports required to be submitted to -the appropriate congressional committees under this subtitle or an -amendment made by this subtitle that are subject to a deadline for -submission consisting of the same unit of time may be consolidated into -a single report that is submitted pursuant to that deadline. - (b) Contents.--Any reports consolidated under subsection (a) shall -contain all information required under this subtitle or an amendment -made by this subtitle and any other elements that may be required by -existing law. - -SEC. 6943. WAIVERS, EXEMPTIONS, AND TERMINATION. - - (a) Application and Modification of Exemptions and Waivers From -North Korea Sanctions and Policy Enhancement Act of 2016.--Section 208 -of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 -U.S.C. 9228) is amended by inserting ``201B,'' after ``201A,'' each -place it appears. - (b) Suspension.-- - (1) In general.--Subject to section 1731, any requirement - to impose sanctions under this subtitle or the amendments made - by this subtitle, and any sanctions imposed pursuant to this - subtitle or any such amendment, may be suspended for up to one - year if the President makes the certification described in - section 401 of the North Korea Sanctions and Policy Enhancement - Act of 2016 (22 U.S.C. 9251) to the appropriate congressional - committees. - (2) Renewal.--A suspension under paragraph (1) may be - renewed in accordance with section 401(b) of the North Korea - Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. - 9251(b)). - (c) Termination.--Subject to section 1731, any requirement to -impose sanctions under this subtitle or the amendments made by this -subtitle, and any sanctions imposed pursuant to this subtitle or any -such amendment, shall terminate on the date on which the President -makes the certification described in section 402 of the North Korea -Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9252). - -SEC. 6944. PROCEDURES FOR REVIEW OF CLASSIFIED INFORMATION. - - (a) In General.--If a finding under this subtitle or an amendment -made by this subtitle, a prohibition, condition, or penalty imposed as -a result of any such finding, or a penalty imposed under this subtitle -or an amendment made by this subtitle, is based on classified -information (as defined in section 1(a) of the Classified Information -Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the -imposition of the prohibition, condition, or penalty, the Secretary of -the Treasury may submit such information to the court ex parte and in -camera. - (b) Rule of Construction.--Nothing in this section shall be -construed to confer or imply any right to judicial review of any -finding under this subtitle or an amendment made by this subtitle, any -prohibition, condition, or penalty imposed as a result of any such -finding, or any penalty imposed under this subtitle or an amendment -made by this subtitle. - -SEC. 6945. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS. - - Not later than 30 days after the date of the enactment of this Act, -the Secretary of the Treasury shall provide to the appropriate -congressional committees a briefing on-- - (1) the resources allocated by the Department of the - Treasury to support each sanctions program administered by the - Department; and - (2) recommendations for additional authorities or resources - necessary to expand the capacity or capability of the - Department related to implementation and enforcement of such - programs. - -SEC. 6946. BRIEFING ON PROLIFERATION FINANCING. - - (a) In General.--Not later than 60 days after the date of the -enactment of this Act, the Secretary of the Treasury shall provide to -the appropriate congressional committees a briefing on addressing -proliferation finance. - (b) Elements.--The briefing required by subsection (a) shall -include the following: - (1) The Department of the Treasury's definition and - description of an appropriate risk-based approach to combating - financing of the proliferation of weapons of mass destruction. - (2) An assessment of-- - (A) Federal financial regulatory agency oversight, - including by the Financial Crimes Enforcement Network, - of United States financial institutions and the - adoption by their foreign subsidiaries, branches, and - correspondent institutions of a risk-based approach to - proliferation financing; and - (B) whether financial institutions in foreign - jurisdictions known by the United States intelligence - and law enforcement communities to be jurisdictions - through which North Korea moves substantial sums of - licit and illicit finance are applying a risk-based - approach to proliferation financing, and if that - approach is comparable to the approach required by - United States financial institution supervisors. - (3) A survey of the technical assistance the Office of - Technical Assistance of the Department of the Treasury, and - other appropriate Executive branch offices, currently provide - foreign institutions on implementing counter-proliferation - financing best practices. - (4) An assessment of the ability of foreign subsidiaries, - branches, and correspondent institutions of United States - financial institutions to implement a risk-based approach to - proliferation financing. - - Subtitle B--Divestment From North Korea - -SEC. 6951. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM - COMPANIES THAT INVEST IN NORTH KOREA. - - (a) Sense of Congress.--It is the sense of Congress that the United -States should support the decision of any State or local government -made for moral, prudential, or reputational reasons, to divest from, or -prohibit the investment of assets of the State or local government in, -a person that engages in investment activities described in subsection -(c) if North Korea is subject to economic sanctions imposed by the -United States or the United Nations Security Council. - (b) Authority To Divest.--Notwithstanding any other provision of -law, a State or local government may adopt and enforce measures that -meet the requirements of subsection (d) to divest the assets of the -State or local government from, or prohibit investment of the assets of -the State or local government in, any person that the State or local -government determines, using credible information available to the -public, engages in investment activities described in subsection (c). - (c) Investment Activities Described.--Investment activities -described in this subsection are activities of a value of more than -$10,000 relating to an investment in North Korea or in goods or -services originating in North Korea that are not conducted pursuant to -a license issued by the Department of the Treasury. - (d) Requirements.--Any measure taken by a State or local government -under subsection (b) shall meet the following requirements: - (1) Notice.--The State or local government shall provide - written notice to each person with respect to which a measure - under this section is to be applied. - (2) Timing.--The measure applied under this section shall - apply to a person not earlier than the date that is 90 days - after the date on which written notice under paragraph (1) is - provided to the person. - (3) Opportunity to demonstrate compliance.-- - (A) In general.--The State or local government - shall provide to each person with respect to which a - measure is to be applied under this section an - opportunity to demonstrate to the State or local - government that the person does not engage in - investment activities described in subsection (c). - (B) Nonapplication.--If a person with respect to - which a measure is to be applied under this section - demonstrates to the State or local government under - subparagraph (A) that the person does not engage in - investment activities described in subsection (c), the - measure shall not apply to that person. - (4) Sense of congress on avoiding erroneous targeting.--It - is the sense of Congress that a State or local government - should not adopt a measure under subsection (b) with respect to - a person unless the State or local government has-- - (A) made every effort to avoid erroneously - targeting the person; and - (B) verified that the person engages in investment - activities described in subsection (c). - (e) Notice to Department of Justice.--Not later than 30 days before -a State or local government applies a measure under this section, the -State or local government shall notify the Attorney General of that -measure. - (f) Authorization for Prior Applied Measures.-- - (1) In general.--Notwithstanding any other provision of - this section or any other provision of law, a State or local - government may enforce a measure (without regard to the - requirements of subsection (d), except as provided in paragraph - (2)) applied by the State or local government before the date - of the enactment of this Act that provides for the divestment - of assets of the State or local government from, or prohibits - the investment of the assets of the State or local government - in, any person that the State or local government determines, - using credible information available to the public, engages in - investment activities described in subsection (c) that are - identified in that measure. - (2) Application of notice requirements.--A measure - described in paragraph (1) shall be subject to the requirements - of paragraphs (1), (2), and (3)(A) of subsection (d) on and - after the date that is 2 years after the date of the enactment - of this Act. - (g) No Preemption.--A measure applied by a State or local -government that is consistent with subsection (b) or (f) is not -preempted by any Federal law. - (h) Definitions.--In this section: - (1) Asset.-- - (A) In general.--Except as provided in subparagraph - (B), the term ``asset'' means public monies, and - includes any pension, retirement, annuity, endowment - fund, or similar instrument, that is controlled by a - State or local government. - (B) Exception.--The term ``asset'' does not include - employee benefit plans covered by title I of the - Employee Retirement Income Security Act of 1974 (29 - U.S.C. 1001 et seq.). - (2) Investment.--The term ``investment'' includes-- - (A) a commitment or contribution of funds or - property; - (B) a loan or other extension of credit; and - (C) the entry into or renewal of a contract for - goods or services. - (i) Effective Date.-- - (1) In general.--Except as provided in paragraph (2) and - subsection (f), this section applies to measures applied by a - State or local government before, on, or after the date of the - enactment of this Act. - (2) Notice requirements.--Except as provided in subsection - (f), subsections (d) and (e) apply to measures applied by a - State or local government on or after the date of the enactment - of this Act. - -SEC. 6952. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET - MANAGERS. - - Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. -80a-13(c)(1)) is amended-- - (1) in subparagraph (A), by striking ``or'' at the end; - (2) in subparagraph (B), by striking the period and - inserting ``; or''; and - (3) by adding at the end the following: - ``(C) engage in investment activities described in - section 1751(c) of the Otto Warmbier Banking - Restrictions Involving North Korea Act of 2019.''. - -SEC. 6953. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. - - It is the sense of Congress that-- - (1) a fiduciary of an employee benefit plan, as defined in - section 3(3) of the Employee Retirement Income Security Act of - 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid - investing plan assets in, any person the fiduciary determines - engages in investment activities described in section 6951(c), - if-- - (A) the fiduciary makes that determination using - credible information that is available to the public; - and - (B) the fiduciary prudently determines that the - result of that divestment or avoidance of investment - would not be expected to provide the employee benefit - plan with-- - (i) a lower rate of return than alternative - investments with commensurate degrees of risk; - or - (ii) a higher degree of risk than - alternative investments with commensurate rates - of return; and - (2) by divesting assets or avoiding the investment of - assets as described in paragraph (1), the fiduciary is not - breaching the responsibilities, obligations, or duties imposed - upon the fiduciary by subparagraph (A) or (B) of section - 404(a)(1) of the Employee Retirement Income Security Act of - 1974 (29 U.S.C. 1104(a)(1)). - -SEC. 6954. RULE OF CONSTRUCTION. - - Nothing in this subtitle, an amendment made by this subtitle, or -any other provision of law authorizing sanctions with respect to North -Korea shall be construed to affect or displace-- - (1) the authority of a State or local government to issue - and enforce rules governing the safety, soundness, and solvency - of a financial institution subject to its jurisdiction; or - (2) the regulation and taxation by the several States of - the business of insurance, pursuant to the Act of March 9, 1945 - (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly - known as the ``McCarran-Ferguson Act''). - - Subtitle C--Financial Industry Guidance to Halt Trafficking - -SEC. 6961. SHORT TITLE. - - This subtitle may be cited as the ``Financial Industry Guidance to -Halt Trafficking Act'' or the ``FIGHT Act''. - -SEC. 6962. FINDINGS. - - Congress finds the following: - (1) The terms ``human trafficking'' and ``trafficking in - persons'' are used interchangeably to describe crimes involving - the exploitation of a person for the purposes of compelled - labor or commercial sex through the use of force, fraud, or - coercion. - (2) According to the International Labour Organization, - there are an estimated 24,900,000 people worldwide who are - victims of forced labor, including human trafficking victims in - the United States. - (3) Human trafficking is perpetrated for financial gain. - (4) According to the International Labour Organization, of - the estimated $150,000,000,000 or more in global profits - generated annually from human trafficking-- - (A) approximately \2/3\ are generated by commercial - sexual exploitation, exacted by fraud or by force; and - (B) approximately \1/3\ are generated by forced - labor. - (5) Most purchases of commercial sex acts are paid for with - cash, making trafficking proceeds difficult to identify in the - financial system. Nonetheless, traffickers rely heavily on - access to financial institutions as destinations for - trafficking proceeds and as conduits to finance every step of - the trafficking process. - (6) Under section 1956 of title 18, United States Code - (relating to money laundering), human trafficking is a - ``specified unlawful activity'' and transactions conducted with - proceeds earned from trafficking people, or used to further - trafficking operations, can be prosecuted as money laundering - offenses. - -SEC. 6963. SENSE OF CONGRESS. - - It is the sense of Congress that-- - (1) the President should aggressively apply, as - appropriate, existing sanctions for human trafficking - authorized under section 111 of the Trafficking Victims - Protection Act of 2000 (22 U.S.C. 7108); - (2) the Financial Crimes Enforcement Network of the - Department of the Treasury should continue-- - (A) to monitor reporting required under subchapter - II of chapter 53 of title 31, United States Code - (commonly known as the ``Bank Secrecy Act'') and to - update advisories, as warranted; - (B) to periodically review its advisories to - provide covered financial institutions, as appropriate, - with a list of new ``red flags'' for identifying - activities of concern, particularly human trafficking; - (C) to encourage entities covered by the advisories - described in subparagraph (B) to incorporate relevant - elements provided in the advisories into their current - transaction and account monitoring systems or in - policies, procedures, and training on human trafficking - to enable financial institutions to maintain ongoing - efforts to examine transactions and accounts; - (D) to use geographic targeting orders, as - appropriate, to impose additional reporting and - recordkeeping requirements under section 5326(a) of - title 31, United States Code, to carry out the purposes - of, and prevent evasions of the Bank Secrecy Act; and - (E) to utilize the Bank Secrecy Act Advisory Group - and other relevant entities to identify opportunities - for nongovernmental organizations to share relevant - actionable information on human traffickers' use of the - financial sector for nefarious purposes; - (3) Federal banking regulators, the Department of the - Treasury, relevant law enforcement agencies, and the Human - Smuggling and Trafficking Center, in partnership with - representatives from the United States financial community, - should adopt regular forms of sharing information to disrupt - human trafficking, including developing protocols and - procedures to share actionable information between and amongst - covered institutions, law enforcement, and the United States - intelligence community; - (4) training front line bank and money service business - employees, school teachers, law enforcement officers, foreign - service officers, counselors, and the general public is an - important factor in identifying trafficking victims; - (5) the Department of Homeland Security's Blue Campaign, - training by the BEST Employers Alliance, and similar efforts by - industry, human rights, and nongovernmental organizations - focused on human trafficking provide good examples of current - efforts to educate employees of critical sectors to save - victims and disrupt trafficking networks; - (6) the President should intensify diplomatic efforts, - bilaterally and in appropriate international fora, such as the - United Nations, to develop and implement a coordinated, - consistent, multilateral strategy for addressing the - international financial networks supporting human trafficking; - and - (7) in deliberations between the United States Government - and any foreign country, including through participation in the - Egmont Group of Financial Intelligence Units, regarding money - laundering, corruption, and transnational crimes, the United - States Government should-- - (A) encourage cooperation by foreign governments - and relevant international fora in identifying the - extent to which the proceeds from human trafficking are - being used to facilitate terrorist financing, - corruption, or other illicit financial crimes; - (B) encourage cooperation by foreign governments - and relevant international fora in identifying the - nexus between human trafficking and money laundering; - (C) advance policies that promote the cooperation - of foreign governments, through information sharing, - training, or other measures, in the enforcement of this - subtitle; - (D) encourage the Financial Action Task Force to - update its July 2011 typology reports entitled, - ``Laundering the Proceeds of Corruption'' and ``Money - Laundering Risks Arising from Trafficking in Human - Beings and Smuggling of Migrants'', to identify the - money laundering risk arising from the trafficking of - human beings; and - (E) encourage the Egmont Group of Financial - Intelligence Units to study the extent to which human - trafficking operations are being used for money - laundering, terrorist financing, or other illicit - financial purposes. - -SEC. 6964. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE OFFICE OF - TERRORISM AND FINANCIAL INTELLIGENCE. - - (a) Functions.--Section 312(a)(4) of title 31, United States Code, -is amended-- - (1) by redesignating subparagraphs (E), (F), and (G) as - subparagraphs (F), (G), and (H), respectively; and - (2) by inserting after subparagraph (D) the following: - ``(E) combating illicit financing relating to human - trafficking;''. - (b) Interagency Coordination.--Section 312(a) of such title is -amended by adding at the end the following: - ``(8) Interagency coordination.--The Secretary of the - Treasury, after consultation with the Undersecretary for - Terrorism and Financial Crimes, shall designate an office - within the OTFI that shall coordinate efforts to combat the - illicit financing of human trafficking with-- - ``(A) other offices of the Department of the - Treasury; - ``(B) other Federal agencies, including-- - ``(i) the Office to Monitor and Combat - Trafficking in Persons of the Department of - State; and - ``(ii) the Interagency Task Force to - Monitor and Combat Trafficking; - ``(C) State and local law enforcement agencies; and - ``(D) foreign governments.''. - -SEC. 6965. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING AND OTHER - FINANCIAL TOOLS IN COMBATING HUMAN TRAFFICKING. - - (a) Interagency Task Force Recommendations Targeting Money -Laundering Related to Human Trafficking.-- - (1) In general.--Not later than 270 days after the date of - the enactment of this Act, the Interagency Task Force to - Monitor and Combat Trafficking shall submit to the Committee on - Banking, Housing, and Urban Affairs, the Committee on Foreign - Relations, and the Committee on the Judiciary of the Senate, - the Committee on Financial Services, the Committee on Foreign - Affairs, and the Committee on the Judiciary of the House of - Representatives, the Secretary of the Treasury, and each - appropriate Federal banking agency-- - (A) an analysis of anti-money laundering efforts of - the United States Government, United States financial - institutions, and multilateral development banks - related to human trafficking; and - (B) appropriate legislative, administrative, and - other recommendations to strengthen efforts against - money laundering relating to human trafficking. - (2) Required recommendations.--The recommendations under - paragraph (1) shall include-- - (A) best practices based on successful anti-human - trafficking programs currently in place at domestic and - international financial institutions that are suitable - for broader adoption; - (B) feedback from stakeholders, including victims - of severe trafficking in persons, advocates of persons - at risk of becoming victims of severe forms of - trafficking in persons, the United States Advisory - Council on Human Trafficking, civil society - organizations, and financial institutions on policy - proposals derived from the analysis conducted by the - task force referred to in paragraph (1) that would - enhance the efforts and programs of financial - institutions to detect and deter money laundering - related to human trafficking, including any recommended - changes to internal policies, procedures, and controls - related to human trafficking; - (C) any recommended changes to training programs at - financial institutions to better equip employees to - deter and detect money laundering related to human - trafficking; and - (D) any recommended changes to expand human - trafficking-related information sharing among financial - institutions and between such financial institutions, - appropriate law enforcement agencies, and appropriate - Federal agencies. - (b) Additional Reporting Requirement.--Section 105(d)(7) of the -Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is -amended-- - (1) in the matter preceding subparagraph (A)-- - (A) by inserting ``the Committee on Financial - Services,'' after ``the Committee on Foreign Affairs''; - and - (B) by inserting ``the Committee on Banking, - Housing, and Urban Affairs,'' after ``the Committee on - Foreign Relations,''; - (2) in subparagraph (Q)(vii), by striking ``; and'' and - inserting a semicolon; - (3) in subparagraph (R), by striking the period at the end - and inserting ``; and''; and - (4) by adding at the end the following: - ``(S) the efforts of the United States to eliminate - money laundering related to human trafficking and the - number of investigations, arrests, indictments, and - convictions in money laundering cases with a nexus to - human trafficking.''. - (c) Required Review of Procedures.--Not later than 180 days after -the date of the enactment of this Act, the Federal Financial -Institutions Examination Council, in consultation with the Secretary of -the Treasury, victims of severe forms of trafficking in persons, -advocates of persons at risk of becoming victims of severe forms of -trafficking in persons, the United States Advisory Council on -Trafficking, civil society organizations, the private sector, and -appropriate law enforcement agencies, shall-- - (1) review and enhance training and examinations procedures - to improve the surveillance capabilities of anti-money - laundering and countering the financing of terrorism programs - to detect human trafficking-related financial transactions; - (2) review and enhance procedures for referring potential - human trafficking cases to the appropriate law enforcement - agency; and - (3) determine, as appropriate, whether requirements for - financial institutions and covered financial institutions are - sufficient to detect and deter money laundering related to - human trafficking. - (d) Limitations.--Nothing in this section shall be construed to-- - (1) grant rulemaking authority to the Interagency Task - Force to Monitor and Combat Trafficking; or - (2) authorize financial institutions to deny services to or - violate the privacy of victims of trafficking, victims of - severe forms of trafficking, or individuals not responsible for - promoting severe forms of trafficking in persons. - -SEC. 6966. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN TRAFFICKING. - - It is the sense of Congress that-- - (1) adequate funding should be provided for critical - Federal efforts to combat human trafficking; - (2) the Department of the Treasury should have the - appropriate resources to vigorously investigate human - trafficking networks under section 111 of the Trafficking - Victims Protection Act of 2000 (22 U.S.C. 7108) and other - relevant statutes and Executive orders; - (3) the Department of the Treasury and the Department of - Justice should each have the capacity and appropriate resources - to support technical assistance to develop foreign partners' - ability to combat human trafficking through strong national - anti-money laundering and countering the financing of terrorism - programs; - (4) each United States Attorney's Office should be provided - appropriate funding to increase the number of personnel for - community education and outreach and investigative support and - forensic analysis related to human trafficking; and - (5) the Department of State should be provided additional - resources, as necessary, to carry out the Survivors of Human - Trafficking Empowerment Act (section 115 of Public Law 114-22; - 129 Stat. 243). - - Subtitle D--Other Matters - -SEC. 6971. EXCEPTION RELATING TO IMPORTATION OF GOODS. - - (a) In General.--The authorities and requirements to impose -sanctions authorized under this title or the amendments made by this -title shall not include the authority or requirement to impose -sanctions on the importation of goods. - (b) Good Defined.--In this section, the term ``good'' means any -article, natural or manmade substance, material, supply, or -manufactured product, including inspection and test equipment, and -excluding technical data. - - TITLE LXXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS - -SEC. 7801. PRIORITIZATION OF PROJECTS IN ANNUAL REPORT ON UNFUNDED - REQUIREMENTS FOR LABORATORY MILITARY CONSTRUCTION - PROJECTS. - - Section 2806 of the National Defense Authorization Act for Fiscal -Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is amended-- - (1) by striking ``Assistant Secretary of Defense for - Energy, Installations, and Environment'' and inserting ``Under - Secretary of Defense for Acquisition and Sustainment''; - (2) by striking ``reporting'' and inserting ``report''; and - (3) by inserting ``in prioritized order, with specific - accounts and program elements identified,'' after ``evaluation - facilities,''. - -SEC. 7802. PROHIBITION ON USE OF FUNDS TO REDUCE AIR BASE RESILIENCY OR - DEMOLISH PROTECTED AIRCRAFT SHELTERS IN THE EUROPEAN - THEATER WITHOUT CREATING A SIMILAR PROTECTION FROM - ATTACK. - - (a) Ineffectiveness of Section 2802.--Section 2802 shall have no -force or effect. - (b) Prohibition.--No funds authorized to be appropriated by this -Act for fiscal year 2020 for the Department of Defense may be obligated -or expended to implement any activity that reduces air base resiliency -or demolishes protected aircraft shelters in the European theater, and -the Department may not otherwise implement any such activity, without -creating a similar protection from attack in the European theater until -such time as the Secretary of Defense certifies to the congressional -defense committees that protected aircraft shelters are not required in -the European theater. - -SEC. 7803. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN TO THE HOST - NATIONAL ANY EXISTING AIR BASE. - - (a) Ineffectiveness of Section 2803.--Section 2803 shall have no -force or effect. - (b) Prohibition.--No funds authorized to be appropriated by this -Act for fiscal year 2020 for the Department of Defense may be obligated -or expended to implement any activity that closes or returns to the -host nation any existing air base, and the Department may not otherwise -implement any such activity, until such time as the Secretary of -Defense certifies that there is no longer a need for a rotational -military presence in the European theater. - -SEC. 7804. REPORT ON UNFUNDED REQUIREMENTS FOR MAJOR AND MINOR MILITARY - CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT CENTERS OF - THE DEPARTMENT OF DEFENSE AND INCREASE OF MAXIMUM AMOUNTS - FOR SUCH MINOR PROJECTS. - - (a) Report.-- - (1) In general.--The Under Secretary of Defense for - Personnel and Readiness, in coordination with the Assistant - Secretary for Energy, Installations, and Environment for each - military department, shall submit to the congressional defense - committees each year, at the time the budget of the President - for the fiscal year beginning in such year is submitted to - Congress under section 1105(a) of title 31, United States Code, - a report, in priority order, listing unfunded requirements for - major and minor military construction projects for child - development centers of the Department of Defense. - (2) Inclusion of form.--Each report submitted under - paragraph (1) shall include a Department of Defense Form DD1391 - for each major and minor military construction project included - in the report. - (b) Increased Maximum Amounts Applicable to Minor Construction -Projects for Child Development Centers.-- - (1) In general.--For the purpose of any minor military - construction project for a child development center carried out - on or after the date of the enactment of this Act, the amount - specified in section 2805(a)(2) of title 10, United States - Code, is deemed to be $15,000,000. - (2) Sunset.--This subsection shall terminate on the date - that is three years after the date of the enactment of this - Act. - (c) Sense of the Senate.--It is the Sense of the Senate that the -Senate recognizes the need for additional investment in child -development centers and remains committed to ensuring that future -executable requirements for child development centers are funded as -much as possible beginning in fiscal year 2020 based on the list of -unfunded requirements included in the report submitted under subsection -(a). - -SEC. 7805. MODIFICATION OF AUTHORIZED USES OF CERTAIN PROPERTY CONVEYED - BY THE UNITED STATES IN LOS ANGELES, CALIFORNIA. - - (a) In General.--Section 2 of Public Law 85-236 (71 Stat. 517) is -amended in the first sentence by inserting after ``for other military -purposes'' the following: ``and for purposes of meeting the needs of -the homeless (as that term is defined in section 103 of the McKinney- -Vento Homeless Assistance Act (42 U.S.C. 11302))''. - (b) Modification of Use.-- - (1) Application.--The State of California may submit to the - Administrator of General Services an application for use of the - property conveyed pursuant to section 2 of Public Law 85-236 - for purposes of meeting the needs of the homeless in accordance - with the amendment made by subsection (a). - (2) Review of application.-- - (A) In general.--Not later than 60 days after the - date of receipt of an application pursuant to paragraph - (1), the Administrator and the Secretary of Health and - Human Services shall jointly determine whether the use - of the property described in the application is a use - for purposes of meeting the needs of the homeless. - (B) Concurrence by secretary of the army.--If the - Administrator and the Secretary of Health and Human - Services jointly determine that the use of the property - described in the application is for purposes of meeting - the needs of the homeless, the Administrator shall - request concurrence by the Secretary of the Army that - the proposed use to meet the needs of the homeless does - not preclude current and anticipated future use of the - property for training of the National Guard and for - other military purposes. - (3) Modification of instrument of conveyance.--If the - Secretary of the Army concurs that the proposed use to meet the - needs of the homeless does not preclude current and anticipated - future use of the property for training of the National Guard - and for other military purposes, the Administrator shall - execute and record in the appropriate office an instrument of - modification of the deed of conveyance executed pursuant to - Public Law 85-236 in order to authorize such use of the - property. The instrument shall include such additional terms - and conditions as the Administrator considers appropriate to - protect the interests of the United States. - - TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS - -SEC. 8101. 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). - -SEC. 8102. MODIFICATION TO CERTAIN REQUIREMENTS RELATING TO PLUTONIUM - PIT PRODUCTION CAPACITY. - - (a) Sense of the Senate.--It is the sense of the Senate that-- - (1) rebuilding a robust plutonium pit production - infrastructure with a capacity of up to 80 pits per year is - critical to maintaining the viability of the nuclear stockpile; - (2) that effort will require cooperation from experts - across the nuclear security enterprise; and - (3) any further delay to achieving a plutonium sustainment - capability to support the planned stockpile life extension - programs will result in an unacceptable capability gap to our - deterrent posture. - (b) Modification to Requirements.--Section 4219 of the Atomic -Energy Defense Act (50 U.S.C. 2538a) is amended-- - (1) in subsection (a), by striking paragraph (5) and - inserting the following: - ``(5) during 2030, produces not less than 80 war reserve - plutonium pits.''; - (2) by striking subsection (b); - (3) by redesignating subsections (c) and (d) as subsections - (b) and (c), respectively; - (4) in subsection (b), as redesignated by paragraph (2), by - striking ``2027 (or, if the authority under subsection (b) is - exercised, 2029)'' and inserting ``2030''; and - (5) in subsection (c), as redesignated by paragraph (2), by - striking ``subsection (c)'' and inserting ``subsection (b)''. - - TITLE LXXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD - -SEC. 8202. MEMBERSHIP OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD. - - The text of section 3202(b)(1)(A) is hereby deemed to read as -follows: - ``(1) in paragraph (1), by striking the second sentence and - inserting the following new sentences: `A member may be - reappointed for a second term only if the member was confirmed - by the Senate more than two years into the member's first term. - A member may not be reappointed for a third term.'.''. - - TITLE LXXXV--MARITIME ADMINISTRATION - -SEC. 8500. INEFFECTIVENESS OF TITLE XXXV. - - Title XXXV and the amendment made by that title shall have no force -or effect. - -SEC. 8501. SHORT TITLE. - - This title may be cited as the ``Maritime Administration -Authorization and Enhancement Act of 2019''. - - Subtitle A--Maritime Administration - -SEC. 8511. AUTHORIZATION OF THE MARITIME ADMINISTRATION. - - (a) In General.--There are authorized to be appropriated to the -Department of Transportation for fiscal year 2020, to be available -without fiscal year limitation if so provided in appropriations Acts, -for programs associated with maintaining the United States Merchant -Marine, the following amounts: - (1) For expenses necessary for operations of the United - States Merchant Marine Academy, $95,944,000, of which-- - (A) $77,944,000 shall remain available until - September 30, 2021 for Academy operations; and - (B) $18,000,000 shall remain available until - expended for capital asset management at the Academy. - (2) For expenses necessary to support the State maritime - academies, $50,280,000, of which-- - (A) $2,400,000 shall remain available until - September 30, 2021, for the Student Incentive Program; - (B) $6,000,000 shall remain available until - expended for direct payments to such academies; - (C) $30,080,000 shall remain available until - expended for maintenance and repair of State maritime - academy training vessels; - (D) $3,800,000 shall remain available until - expended for training ship fuel assistance; and - (E) $8,000,000 shall remain available until - expended for offsetting the costs of training ship - sharing. - (3) For expenses necessary to support the National Security - Multi-Mission Vessel Program, $600,000,000, which shall remain - available until expended. - (4) For expenses necessary to support Maritime - Administration operations and programs, $60,442,000, of which - $5,000,000 shall remain available until expended for activities - authorized under section 50307 of title 46, United States Code. - (5) For expenses necessary to dispose of vessels in the - National Defense Reserve Fleet, $5,000,000, which shall remain - available until expended. - (6) For expenses necessary to maintain and preserve a - United States flag Merchant Marine to serve the national - security needs of the United States under chapter 531 of title - 46, United States Code, $300,000,000, which shall remain - available until expended. - (7) For expenses necessary for the loan guarantee program - authorized under chapter 537 of title 46, United States Code, - $33,000,000, of which-- - (A) $30,000,000 may be used for the cost (as - defined in section 502(5) of the Federal Credit Reform - Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under - the program, which shall remain available until - expended; and - (B) $3,000,000 may be used for administrative - expenses relating to loan guarantee commitments under - the program. - (8) For expenses necessary to provide assistance to small - shipyards and for maritime training programs under section - 54101 of title 46, United States Code, $40,000,000, which shall - remain available until expended. - (9) For expenses necessary to implement the Port and - Intermodal Improvement Program, $600,000,000, except that no - funds shall be used for a grant award to purchase fully - automated cargo handling equipment that is remotely operated or - remotely monitored with or without the exercise of human - intervention or control, if the Secretary determines such - equipment would result in a net loss of jobs that relate to the - movement of goods through a port and its intermodal - connections. - -SEC. 8512. MARITIME SECURITY PROGRAM. - - (a) Award of Operating Agreements.--Section 53103 of title 46, -United States Code, is amended by striking ``2025'' each place it -appears and inserting ``2035''. - (b) Effectiveness of Operating Agreements.--Section 53104(a) of -title 46, United States Code, is amended by striking ``2025'' and -inserting ``2035''. - (c) Payments.--Section 53106(a)(1) of title 46, United States Code, -is amended-- - (1) in subparagraph (B), by striking ``and'' after the - semicolon; - (2) in subparagraph (C), by striking ``$3,700,000 for each - of fiscal years 2022, 2023, 2024, and 2025.'' and inserting - ``$5,233,463 for each of fiscal years 2022, 2023, 2024, and - 2025; and''; and - (3) by adding at the end the following: - ``(D) $5,233,463 for each of fiscal years 2026 - through 2035.''. - (d) Authorization of Appropriations.--Section 53111 of title 46, -United States Code, is amended-- - (1) in paragraph (2), by striking ``and'' after the - semicolon; - (2) in paragraph (3), by striking ``$222,000,000 for each - fiscal year thereafter through fiscal year 2025.'' and - inserting ``$314,007,780 for each of fiscal years 2022, 2023, - 2024, and 2025; and''; and - (3) by adding at the end the following: - ``(4) $314,007,780 for each of fiscal years 2026 through - 2035.''. - -SEC. 8513. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT. - - The Inspector General of the Department of Transportation shall-- - (1) not later than 180 days after the date of enactment of - this title, initiate an audit of the Maritime Administration's - actions to address only those recommendations from Chapter 3 - and recommendations 5-1, 5-2, 5-3, 5-4, 5-5, and 5-6 identified - by a National Academy of Public Administration panel in the - November 2017 report entitled ``Maritime Administration: - Defining its Mission, Aligning its Programs, and Meeting its - Objectives''; and - (2) submit to the Committee on Commerce, Science, and - Transportation of the Senate and the Committee on - Transportation and Infrastructure of the House of - Representatives a report containing the results of that audit - once the audit is completed. - -SEC. 8514. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED PREPARATORY - SCHOOL. - - Section 51303 of title 46, United State Code, is amended-- - (1) by striking ``The Secretary'' and inserting the - following: - ``(a) In General.--The Secretary''; and - (2) by adding at the end the following: - ``(b) Appointment of Candidates Selected for Preparatory School -Sponsorship.--The Secretary of Transportation may appoint each year as -cadets at the United States Merchant Marine Academy not more than 40 -qualified individuals sponsored by the Academy to attend preparatory -school during the academic year prior to entrance in the Academy, and -who have successfully met the terms and conditions of sponsorship set -by the Academy.''. - -SEC. 8515. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT MARINE - ACADEMY. - - (a) In General.--Not later than 180 days after the date of -enactment of this title, the Secretary of Transportation shall seek to -enter into an agreement with the National Academy of Public -Administration (referred to in this section as the ``Academy'') to -carry out the activities described in this section. - (b) Study Elements.--In accordance with the agreement described in -subsection (a), the Academy shall conduct a study of the United States -Merchant Marine Academy that consists of the following: - (1) A comprehensive assessment of the United States - Merchant Marine Academy's systems, training, facilities, - infrastructure, information technology, and stakeholder - engagement. - (2) Identification of needs and opportunities for - modernization to help the United States Merchant Marine Academy - keep pace with more modern campuses. - (3) Development of an action plan for the United States - Merchant Marine Academy with specific recommendations for-- - (A) improvements or updates relating to the - opportunities described in paragraph (2); and - (B) systemic changes needed to help the United - States Merchant Marine Academy achieve its mission of - inspiring and educating the next generation of the - mariner workforce on a long-term basis. - (c) Deadline and Report.--Not later than 1 year after the date of -the agreement described in subsection (a), the Academy shall prepare -and submit to the Administrator of the Maritime Administration a report -containing the action plan described in subsection (b)(3), including -specific findings and recommendations. - -SEC. 8516. GENERAL SUPPORT PROGRAM. - - Section 51501 of title 46, United States Code, is amended by adding -at the end the following: - ``(c) National Maritime Centers of Excellence.--The Secretary shall -designate each State maritime academy as a National Maritime Center of -Excellence.''. - -SEC. 8517. MILITARY TO MARINER. - - (a) Credentialing Support.--Not later than 1 year after the date of -enactment of this title, the Secretary of Defense, the Secretary of the -Department in which the Coast Guard operates, the Secretary of -Commerce, and the Secretary of Health and Human Services, with respect -to the applicable services in their respective departments, and in -coordination with one another and with the United States Committee on -the Marine Transportation System, and in consultation with the Merchant -Marine Personnel Advisory Committee, shall, consistent with applicable -law, identify all training and experience within the applicable service -that may qualify for merchant mariner credentialing, and submit a list -of all identified training and experience to the United States Coast -Guard National Maritime Center for a determination of whether such -training and experience counts for credentialing purposes. - (b) Review of Applicable Service.--The United States Coast Guard -Commandant shall make a determination of whether training and -experience counts for credentialing purposes, as described in -subsection (a), not later than 6 months after the date on which the -United States Coast Guard National Maritime Center receives a -submission under subsection (a) identifying a training or experience -and requesting such a determination. - (c) Fees and Services.--The Secretary of Defense, the Secretary of -the Department in which the Coast Guard operates, and the Secretary of -Commerce, with respect to the applicable services in their respective -departments, shall-- - (1) take all necessary and appropriate actions to provide - for the waiver of fees through the National Maritime Center - license evaluation, issuance, and examination for members of - the uniformed services on active duty, if a waiver is - authorized and appropriate, and, if a waiver is not granted, - take all necessary and appropriate actions to provide for the - payment of fees for members of the uniformed services on active - duty by the applicable service to the fullest extent permitted - by law; - (2) direct the applicable services to take all necessary - and appropriate actions to provide for Transportation Worker - Identification Credential cards for members of the uniformed - services on active duty pursuing or possessing a mariner - credential, such as implementation of an equal exchange process - for active duty service members at no or minimal cost; - (3) ensure that members of the applicable services who are - to be discharged or released from active duty and who request - certification or verification of sea service be provided such - certification or verification no later than one month after - discharge or release; - (4) ensure the applicable services have developed, or - continue to operate, as appropriate, the online resource known - as Credentialing Opportunities On-Line to support separating - members of the uniformed services who are seeking information - and assistance on merchant mariner credentialing; and - (5) not later than 1 year after the date of enactment of - this section, take all necessary and appropriate actions to - review and implement service-related medical certifications to - merchant mariner credential requirements. - (d) Advancing Military to Mariner Within the Employer Agencies.-- - (1) In general.--The Secretary of Defense, the Secretary of - the Department in which the Coast Guard operates, and the - Secretary of Commerce shall have direct hiring authority to - employ separated members of the uniformed services with valid - merchant mariner licenses or sea service experience in support - of United States national maritime needs, including the Army - Corps of Engineers, U.S. Customs and Border Protection, and the - National Oceanic and Atmospheric Administration. - (2) Appointments of retired members of the armed forces.-- - Except in the case of positions in the Senior Executive - Service, the requirements of section 3326(b) of title 5, United - States Code, shall not apply with respect to the hiring of a - separated member of the uniformed services under paragraph (1). - (e) Separated Member of the Uniformed Services.--In this section, -the term ``separated member of the uniformed services'' means an -individual who-- - (1) is retiring or is retired as a member of the uniformed - services; - (2) is voluntarily separating or voluntarily separated from - the uniformed services at the end of enlistment or service - obligation; or - (3) is administratively separating or has administratively - separated from the uniformed services with an honorable or - general discharge characterization. - -SEC. 8518. SALVAGE RECOVERIES OF FEDERALLY OWNED CARGOES. - - Section 57100 of title 46, United States Code, is amended by adding -at the end the following: - ``(h) Funds Transfer Authority Related to the Use of National -Defense Reserve Fleet Vessels and the Provision of Maritime-related -Services.-- - ``(1) In general.--When the Secretary of Transportation - provides for the use of its vessels or maritime-related - services and goods under a reimbursable agreement with a - Federal entity, or State or local entity, authorized to receive - goods and services from the Maritime Administration for - programs, projects, activities, and expenses related to the - National Defense Reserve Fleet or maritime-related services: - ``(A) Federal entities are authorized to transfer - funds to the Secretary in advance of expenditure or - upon providing the goods or services ordered, as - determined by the Secretary. - ``(B) The Secretary shall determine all other terms - and conditions under which such payments should be made - and provide such goods and services using its existing - or new contracts, including general agency agreements, - memoranda of understanding, or similar agreements. - ``(2) Reimbursable agreement with a federal entity.-- - ``(A) In general.--The Maritime Administration is - authorized to provide maritime-related services and - goods under a reimbursable agreement with a Federal - entity. - ``(B) Maritime-related services defined.--For the - purposes of this subsection, maritime-related services - includes the acquisition, procurement, operation, - maintenance, preservation, sale, lease, charter, - construction, reconstruction, or reconditioning - (including outfitting and equipping incidental to - construction, reconstruction, or reconditioning) of a - merchant vessel or shipyard, ship site, terminal, pier, - dock, warehouse, or other installation related to the - maritime operations of a Federal entity. - ``(3) Salvaging cargoes.-- - ``(A) In general.--The Maritime Administration may - provide services and purchase goods relating to the - salvaging of cargoes aboard vessels in the custody or - control of the Maritime Administration or its - predecessor agencies and receive and retain - reimbursement from Federal entities for all such costs - as it may incur. - ``(B) Reimbursement.--Reimbursement as provided for - in subparagraph (A) may come from-- - ``(i) the proceeds recovered from such - salvage; or - ``(ii) the Federal entity for which the - Maritime Administration has or will provide - such goods and services, depending on the - agreement of the parties involved. - ``(4) Amounts received.--Amounts received as reimbursements - under this subsection shall be credited to the fund or account - that was used to cover the costs incurred by the Secretary or, - if the period of availability of obligations for that - appropriation has expired, to the appropriation of funds that - is currently available to the Secretary for substantially the - same purpose. Amounts so credited shall be merged with amounts - in such fund or account and shall be available for the same - purposes, and subject to the same conditions and limitations, - as amounts in such fund or account. - ``(5) Advance payments.--Payments made in advance shall be - for any part of the estimated cost as determined by the - Secretary of Transportation. Adjustments to the amounts paid in - advance shall be made as agreed to by the Secretary of - Transportation and the head of the ordering agency or unit - based on the actual cost of goods or services provided. - ``(6) Bill or request for payment.--A bill submitted or a - request for payment is not subject to audit or certification in - advance of payment.''. - -SEC. 8519. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS AND - CARGOES. - - Section 53909 of title 46, United States Code, is amended by adding -at the end the following: - ``(e) Salvage Agreements.--The Secretary of Transportation is -authorized to enter into marine salvage agreements for the recoveries, -sale, and disposal of sunken or damaged vessels, cargoes, or properties -owned or insured by or on behalf of the Maritime Administration, the -United States Shipping Board, the U.S. Shipping Bureau, the United -States Maritime Commission, or the War Shipping Administration. - ``(f) Military Craft.--The Secretary of Transportation shall -consult with the Secretary of the military department concerned prior -to engaging in or authorizing any activity under subsection (e) that -will disturb sunken military craft, as defined in title XIV of the -Ronald W. Reagan National Defense Authorization Act for Fiscal Year -2005 (10 U.S.C. 113 note). - ``(g) Recoveries.--Notwithstanding other provisions of law, the net -proceeds from salvage agreements entered into as authorized in -subsection (e) shall remain available until expended and be distributed -as follows for marine insurance-related salvages: - ``(1) Fifty percent of the net funds recovered shall be - deposited in the war risk revolving fund and shall be available - for the purposes of the war risk revolving fund. - ``(2) Fifty percent of the net funds recovered shall be - deposited in the Vessel Operations Revolving Fund as - established by section 50301(a) of this title and shall be - available until expended as follows: - ``(A) Fifty percent shall be available to the - Administrator of the Maritime Administration for such - acquisition, maintenance, repair, reconditioning, or - improvement of vessels in the National Defense Reserve - Fleet as is authorized under other Federal law. - ``(B) Twenty-five percent shall be available to the - Administrator of the Maritime Administration for the - payment or reimbursement of expenses incurred by or on - behalf of State maritime academies or the United States - Merchant Marine Academy for facility and training ship - maintenance, repair, and modernization, and for the - purchase of simulators and fuel. - ``(C) The remainder shall be distributed for - maritime heritage preservation to the Department of the - Interior for grants as authorized by section 308703 of - title 54.''. - -SEC. 8520. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY. - - (a) Short Title.--This section may be cited as the ``Ports -Improvement Act''. - (b) Port and Intermodal Improvement Program.--Section 50302 of -title 46, United States Code, is amended by striking subsection (c) and -inserting the following: - ``(c) Port and Intermodal Improvement Program.-- - ``(1) General authority.--Subject to the availability of - appropriations, the Secretary of Transportation shall make - grants, on a competitive basis, to eligible applicants to - assist in funding eligible projects for the purpose of - improving the safety, efficiency, or reliability of the - movement of goods through ports and intermodal connections to - ports. - ``(2) Eligible applicant.--The Secretary may make a grant - under this subsection to the following: - ``(A) A State. - ``(B) A political subdivision of a State, or a - local government. - ``(C) A public agency or publicly chartered - authority established by 1 or more States. - ``(D) A special purpose district with a - transportation function. - ``(E) An Indian Tribe (as defined in section 4 of - the Indian Self-Determination and Education Assistance - Act (25 U.S.C. 5304), without regard to - capitalization), or a consortium of Indian Tribes. - ``(F) A multistate or multijurisdictional group of - entities described in this paragraph. - ``(G) A lead entity described in subparagraph (A), - (B), (C), (D), (E), or (F) jointly with a private - entity or group of private entities. - ``(3) Eligible projects.--The Secretary may make a grant - under this subsection-- - ``(A) for a project, or package of projects, that-- - ``(i) is either-- - ``(I) within the boundary of a - port; or - ``(II) outside the boundary of a - port, but is directly related to port - operations or to an intermodal - connection to a port; and - ``(ii) will be used to improve the safety, - efficiency, or reliability of-- - ``(I) the loading and unloading of - goods at the port, such as for marine - terminal equipment; - ``(II) the movement of goods into, - out of, around, or within a port, such - as for highway or rail infrastructure, - intermodal facilities, freight - intelligent transportation systems, and - digital infrastructure systems; or - ``(III) environmental mitigation - measures and operational improvements - directly related to enhancing the - efficiency of ports and intermodal - connections to ports; or - ``(B) notwithstanding paragraph (6)(A)(v), to - provide financial assistance to 1 or more projects - under subparagraph (A) for development phase - activities, including planning, feasibility analysis, - revenue forecasting, environmental review, permitting, - and preliminary engineering and design work. - ``(4) Prohibited uses.--A grant award under this subsection - may not be used-- - ``(A) to finance or refinance the construction, - reconstruction, reconditioning, or purchase of a vessel - that is eligible for such assistance under chapter 537, - unless the Secretary determines such vessel-- - ``(i) is necessary for a project described - in paragraph (3)(A)(ii)(III) of this - subsection; and - ``(ii) is not receiving assistance under - chapter 537; or - ``(B) for any project within a small shipyard (as - defined in section 54101). - ``(5) Applications and process.-- - ``(A) Applications.--To be eligible for a grant - under this subsection, an eligible applicant shall - submit to the Secretary an application in such form, at - such time, and containing such information as the - Secretary considers appropriate. - ``(B) Solicitation process.--Not later than 60 days - after the date that amounts are made available for - grants under this subsection for a fiscal year, the - Secretary shall solicit grant applications for eligible - projects in accordance with this subsection. - ``(6) Project selection criteria.-- - ``(A) In general.--The Secretary may select a - project described in paragraph (3) for funding under - this subsection if the Secretary determines that-- - ``(i) the project improves the safety, - efficiency, or reliability of the movement of - goods through a port or intermodal connection - to a port; - ``(ii) the project is cost effective; - ``(iii) the eligible applicant has - authority to carry out the project; - ``(iv) the eligible applicant has - sufficient funding available to meet the - matching requirements under paragraph (8); - ``(v) the project will be completed without - unreasonable delay; and - ``(vi) the project cannot be easily and - efficiently completed without Federal funding - or financial assistance available to the - project sponsor. - ``(B) Additional considerations.--In selecting - projects described in paragraph (3) for funding under - this subsection, the Secretary shall give substantial - weight to-- - ``(i) the utilization of non-Federal - contributions; - ``(ii) the net benefits of the funds - awarded under this subsection, considering the - cost-benefit analysis of the project, as - applicable; and - ``(iii) the public benefits of the funds - awarded under this subsection. - ``(C) Small projects.--The Secretary may waive the - cost-benefit analysis under subparagraph (A)(ii), and - establish a simplified, alternative basis for - determining whether a project is cost effective, for a - small project described in paragraph (7)(B). - ``(7) Allocation of funds.-- - ``(A) Geographic distribution.--Not more than 25 - percent of the amounts made available for grants under - this subsection for a fiscal year may be used to make - grants for projects in any 1 State. - ``(B) Small projects.--The Secretary shall reserve - 25 percent of the amounts made available for grants - under this subsection each fiscal year to make grants - for eligible projects described in paragraph (3)(A) - that request the lesser of-- - ``(i) 10 percent of the amounts made - available for grants under this subsection for - a fiscal year; or - ``(ii) $11,000,000. - ``(C) Development phase activities.--Not more than - 10 percent of the amounts made available for grants - under this subsection for a fiscal year may be used to - make grants for development phase activities under - paragraph (3)(B). - ``(8) Federal share of total project costs.-- - ``(A) Total project costs.--To be eligible for a - grant under this subsection, an eligible applicant - shall submit to the Secretary an estimate of the total - costs of a project under this subsection based on the - best available information, including any available - engineering studies, studies of economic feasibility, - environmental analyses, and information on the expected - use of equipment or facilities. - ``(B) Federal share.-- - ``(i) In general.--Except as provided in - clause (ii), the Federal share of the total - costs of a project under this subsection shall - not exceed 80 percent. - ``(ii) Rural areas.--The Secretary may - increase the Federal share of costs above 80 - percent for a project located in a rural area. - ``(9) Procedural safeguards.--The Secretary shall issue - guidelines to establish appropriate accounting, reporting, and - review procedures to ensure that-- - ``(A) grant funds are used for the purposes for - which those funds were made available; - ``(B) each grantee properly accounts for all - expenditures of grant funds; and - ``(C) grant funds not used for such purposes and - amounts not obligated or expended are returned. - ``(10) Conditions.-- - ``(A) In general.--The Secretary shall require as a - condition of making a grant under this subsection that - a grantee-- - ``(i) maintain such records as the - Secretary considers necessary; - ``(ii) make the records described in clause - (i) available for review and audit by the - Secretary; and - ``(iii) periodically report to the - Secretary such information as the Secretary - considers necessary to assess progress. - ``(B) Labor.--The Federal wage rate requirements of - subchapter IV of chapter 31 of title 40 shall apply, in - the same manner as such requirements apply to contracts - subject to such subchapter, to-- - ``(i) each project for which a grant is - provided under this subsection; and - ``(ii) all portions of a project described - in clause (i), regardless of whether such a - portion is funded using-- - ``(I) other Federal funds; or - ``(II) non-Federal funds. - ``(11) Limitation on statutory construction.--Nothing in - this subsection shall be construed to affect existing - authorities to conduct port infrastructure programs in-- - ``(A) Hawaii, as authorized by section 9008 of the - SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1926); - ``(B) Alaska, as authorized by section 10205 of the - SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or - ``(C) Guam, as authorized by section 3512 of the - Duncan Hunter National Defense Authorization Act for - Fiscal Year 2009 (48 U.S.C. 1421r). - ``(12) Administration.-- - ``(A) Administrative and oversight costs.--The - Secretary may retain not more than 2 percent of the - amounts appropriated for each fiscal year under this - subsection for the administrative and oversight costs - incurred by the Secretary to carry out this subsection. - ``(B) Availability.-- - ``(i) In general.--Amounts appropriated for - carrying out this subsection shall remain - available until expended. - ``(ii) Unexpended funds.--Amounts awarded - as a grant under this subsection that are not - expended by the grantee during the 5-year - period following the date of the award shall - remain available to the Secretary for use for - grants under this subsection in a subsequent - fiscal year. - ``(13) Definitions.--In this subsection: - ``(A) Appropriate committees of congress.--The term - `appropriate committees of Congress' means-- - ``(i) the Committee on Commerce, Science, - and Transportation of the Senate; and - ``(ii) the Committee on Transportation and - Infrastructure of the House of Representatives. - ``(B) Port.--The term `port' includes-- - ``(i) a seaport; and - ``(ii) an inland waterways port. - ``(C) Project.--The term `project' includes - construction, reconstruction, environmental - rehabilitation, acquisition of property, including land - related to the project and improvements to the land, - equipment acquisition, and operational improvements. - ``(D) Rural area.--The term `rural area' means an - area that is outside an urbanized area. - ``(d) Additional Authority of the Secretary.--In carrying out this -section, the Secretary may-- - ``(1) receive funds from a Federal or non-Federal entity - that has a specific agreement with the Secretary to further the - purposes of this section; - ``(2) coordinate with other Federal agencies to expedite - the process established under the National Environmental Policy - Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of - port facilities to improve the efficiency of the transportation - system, to increase port security, or to provide greater access - to port facilities; - ``(3) seek to coordinate all reviews or requirements with - appropriate Federal, State, and local agencies; and - ``(4) in addition to any financial assistance provided - under subsection (c), provide such technical assistance to port - authorities or commissions or their subdivisions and agents as - needed for project planning, design, and construction.''. - (c) Savings Clause.--A repeal made by subsection (b) of this -section shall not affect amounts apportioned or allocated before the -effective date of the repeal. Such apportioned or allocated funds shall -continue to be subject to the requirements to which the funds were -subject under section 50302(c) of title 46, United States Code, as in -effect on the day before the date of enactment of this title. - -SEC. 8521. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS. - - (a) In General.--Not later than 90 days after the date of the -enactment of this title, the Secretary of Defense shall submit to the -congressional defense committees a report on port facilities used for -military purposes at ports designated by the Department of Defense as -strategic seaports. - (b) Elements.--The report required by subsection (a) shall include, -with respect to port facilities included in the report, the following: - (1) An assessment whether there are structural integrity or - other deficiencies in such facilities. - (2) If there are such deficiencies-- - (A) an assessment of infrastructure improvements to - such facilities that would be needed to meet, directly - or indirectly, national security and readiness - requirements; - (B) an assessment of the impact on operational - readiness of the Armed Forces if such improvements are - not undertaken; and - (C) an identification of, to the maximum extent - practical, all potential funding sources for such - improvements from existing authorities. - (3) An identification of the support that would be - appropriate for the Department of Defense to provide in the - execution of the Secretary of Transportation's responsibilities - under section 50302 of title 46, United States Code, with - respect to such facilities. - (4) If additional statutory or administrative authorities - would be required for the provision of support as described in - paragraph (3), recommendations for legislative or - administrative action to establish such authorities. - (c) Consultation.--The Secretary of Defense shall prepare the -report required by subsection (a) in consultation with the Maritime -Administrator and the individual responsible for each port facility -described in such subsection. - -SEC. 8522. MARITIME TECHNICAL ASSISTANCE PROGRAM. - - Section 50307 of title 46, United States Code, is amended-- - (1) in subsection (a), by striking ``The Secretary of - Transportation may engage in the environmental study'' and - inserting ``The Maritime Administrator, on behalf of the - Secretary of Transportation, shall engage in the study''; - (2) in subsection (b)-- - (A) in the matter preceding paragraph (1), by - striking ``may'' and inserting ``shall''; and - (B) in paragraph (1)-- - (i) in the matter preceding subparagraph - (A), by striking ``that are likely to achieve - environmental improvements by'' and inserting - ``to improve''; - (ii) by redesignating subparagraphs (A) - through (C) as clauses (i) through (iii), - respectively; - (iii) by inserting before clause (i), the - following: - ``(A) environmental performance to meet United - States Federal and international standards and - guidelines, including--''; and - (iv) in clause (iii), as redesignated by - clause (ii), by striking ``species; and'' and - all that follows through the end of the - subsection and inserting ``species; or - ``(iv) reducing propeller cavitation; and - ``(B) the efficiency and safety of domestic - maritime industries; and - ``(2) coordinate with the Environmental Protection Agency, - the Coast Guard, and other Federal, State, local, or tribal - agencies, as appropriate.''. - (3) in subsection (c)(2), by striking ``benefits'' and - inserting ``or other benefits to domestic maritime - industries''; and - (4) by adding at the end the following: - ``(e) Limitations on the Use of Funds.--Not more than 3 percent of -funds appropriated to carry out this program may be used for -administrative purposes.''. - -SEC. 8523. REQUIREMENT FOR SMALL SHIPYARD GRANTEES. - - Section 54101(d) of title 46, United States Code, is amended-- - (1) by striking ``Grants awarded'' and inserting the - following: - ``(1) In general.--Grants awarded''; and - (2) by adding at the end the following: - ``(2) Buy america.-- - ``(A) In general.--Subject to subparagraph (B), no - funds may be obligated by the Administrator of the - Maritime Administration under this section, unless each - product and material purchased with those funds - (including products and materials purchased by a - grantee), and including any commercially available off- - the-shelf item, is-- - ``(i) an unmanufactured article, material, - or supply that has been mined or produced in - the United States; or - ``(ii) a manufactured article, material, or - supply that has been manufactured in the United - States substantially all from articles, - materials, or supplies mined, produced, or - manufactured in the United States. - ``(B) Exceptions.-- - ``(i) In general.--Notwithstanding - subparagraph (A), the requirements of that - subparagraph shall not apply with respect to a - particular product or material if the - Administrator determines-- - ``(I) that the application of those - requirements would be inconsistent with - the public interest; - ``(II) that such product or - material is not available in the United - States in sufficient and reasonably - available quantities, of a satisfactory - quality, or on a timely basis; or - ``(III) that inclusion of a - domestic product or material will - increase the cost of that product or - material by more than 25 percent, with - respect to a certain contract between a - grantee and that grantee's supplier. - ``(ii) Federal register.--A determination - made by the Administrator under this - subparagraph shall be published in the Federal - Register. - ``(C) Definitions.--ln this paragraph: - ``(i) The term `commercially available off- - the-shelf item' means-- - ``(I) any item of supply (including - construction material) that is-- - ``(aa) a commercial item, - as defined by section 2.101 of - title 48, Code of Federal - Regulations (as in effect on - the date of enactment of the - Maritime Administration - Authorization and Enhancement - Act of 2019); and - ``(bb) sold in substantial - quantities in the commercial - marketplace; and - ``(II) does not include bulk cargo, - as defined in section 40102(4) of this - title, such as agricultural products - and petroleum products. - ``(ii) The term `product or material' means - an article, material, or supply brought to the - site by the recipient for incorporation into - the building, work, or project. The term also - includes an item brought to the site - preassembled from articles, materials, or - supplies. However, emergency life safety - systems, such as emergency lighting, fire - alarm, and audio evacuation systems, that are - discrete systems incorporated into a public - building or work and that are produced as - complete systems, are evaluated as a single and - distinct construction material regardless of - when or how the individual parts or components - of those systems are delivered to the - construction site. - ``(iii) The term `United States' includes - the District of Columbia, the Commonwealth of - Puerto Rico, the Northern Mariana Islands, - Guam, American Samoa, and the Virgin - Islands.''. - -SEC. 8524. IMPROVEMENT OF NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM. - - (a) Additional Means of Achievement of Goals of Program Through -Oceanographic Efforts.--Section 8931(b)(2)(A) of title 10, United -States Code, is amended-- - (1) by inserting ``, creating,'' after ``identifying''; and - (2) by inserting ``science,'' after ``areas of''. - (b) National Ocean Research Leadership Council Membership.--Section -8932 of title 10, United States Code, is amended-- - (1) by redesignating subsections (f) through (h) as - subsections (g) through (i), respectively; - (2) in subsection (b)-- - (A) by striking paragraph (10); - (B) by redesignating paragraphs (11) through (14) - as paragraphs (12) through (15), respectively; and - (C) by inserting after paragraph (9) the following - new paragraphs: - ``(10) The Director of the Bureau of Ocean Energy - Management of the Department of the Interior. - ``(11) The Director of the Bureau of Safety and - Environmental Enforcement of the Department of the Interior.''; - (3) in subsection (d)-- - (A) in paragraph (2)-- - (i) in subparagraph (B), by striking - ``broad participation within the oceanographic - community'' and inserting ``appropriate - participation within the oceanographic - community, which may include public, academic, - commercial, and private participation or - support''; and - (ii) in subparagraph (E), by striking - ``peer''; and - (B) in paragraph (3), by striking subparagraph (D) - and inserting the following: - ``(D) Preexisting facilities, such as regional data - centers operated by the Integrated Ocean Observing - System, and expertise.''; - (4) in subsection (e)-- - (A) in the subsection heading by striking - ``Report'' and inserting ``Briefing''; - (B) in the matter preceding paragraph (1), by - striking ``to Congress a report'' and inserting ``to - the Committee on Commerce, Science, and Transportation - of the Senate, the Committee on Armed Services of the - Senate, the Committee on Energy and Natural Resources - of the Senate, the Committee on Natural Resources of - the House of Representatives, and the Committee on - Armed Services of the House of Representatives a - briefing''; - (C) by striking ``report'' and inserting - ``briefing'' each place the term appears; - (D) by striking paragraph (4) and inserting the - following: - ``(4) A description of the involvement of Federal agencies - and non-Federal contributors participating in the program.''; - and - (E) in paragraph (5), by striking ``and the - estimated expenditures under such programs, projects, - and activities during such following fiscal year'' and - inserting ``and the estimated expenditures under such - programs, projects, and activities of the program - during such following fiscal year''; - (5) by inserting after subsection (e) the following: - ``(f) Report.--Not later than March 1 of each year, the Council -shall publish on a publically available website a report summarizing -the briefing described in subsection (e).''; - (6) in subsection (g), as redesignated by paragraph (1)-- - (A) by striking paragraph (1) and inserting the - following: - ``(1) The Secretary of the Navy shall establish an office - to support the National Oceanographic Partnership Program. The - Council shall use competitive procedures in selecting an - operator for the partnership program office.''; and - (B) in paragraph (2)(B), by inserting ``, where - appropriate,'' before ``managing''; and - (7) by amending subsection (h), as redesignated by - paragraph (1), to read as follows: - ``(h) Contract and Grant Authority.-- - ``(1) In general.--To carry out the purposes of the - National Oceanographic Partnership Program, the Council shall - have, in addition to other powers otherwise given it under this - chapter, the following authorities: - ``(A) To authorize one or more of the departments - or agencies represented on the Council to enter into - contracts and make grants or cooperative agreements, - and establish and manage new collaborative programs as - considered appropriate, to address emerging science - priorities using both donated and appropriated funds. - ``(B) To authorize the program office under - subsection (g), on behalf of and subject to the - direction and approval of the Council, to accept funds, - including fines and penalties, from other Federal and - State departments and agencies. - ``(C) To authorize the program office, on behalf of - and subject to the direction and approval of the - Council, to award grants and enter into contracts for - purposes of the National Oceanographic Partnership - Program. - ``(D) To transfer funds to other Federal and State - departments and agencies in furtherance of the purposes - of the National Oceanographic Partnership Program. - ``(E) To authorize one or more of the departments - or agencies represented on the Council to enter into - contracts and make grants, for the purpose of - implementing the National Oceanographic Partnership - Program and carrying out the responsibilities of the - Council. - ``(F) To use, with the consent of the head of the - agency or entity concerned, on a non-reimbursable - basis, the land, services, equipment, personnel, - facilities, advice, and information provided by a - Federal agency or entity, State, local government, - Tribal government, territory, or possession, or any - subdivisions thereof, or the District of Columbia as - may be helpful in the performance of the duties of the - Council. - ``(2) Funds transferred.--Funds identified for direct - support of National Oceanographic Partnership Program grants - are authorized for transfer between agencies and are exempt - from section 1535 of title 31 (commonly known as the ``Economy - Act of 1932'').''. - (c) Ocean Research Advisory Panel.--Section 8933(a)(4) of title 10, -United States Code, is amended by striking ``State governments'' and -inserting ``State and Tribal governments''. - -SEC. 8525. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN PROGRAM. - - (a) Definitions.--Section 53701 of title 46, United States Code, is -amended-- - (1) by striking paragraph (5); - (2) by redesignating paragraphs (6) through (15) as - paragraphs (5) through (14), respectively; and - (3) by adding at the end the following: - ``(15) Vessel of national interest.--The term `Vessel of - National Interest' means a vessel deemed to be of national - interest that meets characteristics determined by the - Administrator, in consultation with the Secretary of Defense, - the Secretary of the Department in which the Coast Guard - Operates, or the heads of other Federal agencies, as described - in section 53703(d).''. - (b) Preferred Lender.--Section 53702(a) of title 46, United States -Code, is amended by adding at the end the following: - ``(2) Preferred eligible lender.--The Federal Financing - Bank shall be the preferred eligible lender of the principal - and interest of the guaranteed obligations issued under this - chapter.''. - (c) Application and Administration.--Section 53703 of title 46, -United States Code, is amended-- - (1) in the section heading, by striking ``procedures'' and - inserting ``and administration''; - (2) by adding at the end the following: - ``(c) Independent Analysis.-- - ``(1) In general.--To assess and mitigate the risks due to - factors associated with markets, technology, financial, or - legal structures related to an application or guarantee under - this chapter, the Secretary or Administrator may utilize third - party experts, including legal counsel, to-- - ``(A) process and review applications under this - chapter, including conducting independent analysis and - review of aspects of an application; - ``(B) represent the Secretary or Administrator in - structuring and documenting the obligation guarantee; - ``(C) analyze and review aspects of, structure, and - document the obligation guarantee during the term of - the guarantee; - ``(D) recommend financial covenants or financial - ratios to be met by the applicant during the time a - guarantee under this chapter is outstanding that are-- - ``(i) based on the financial covenants or - financial ratios, if any, that are then - applicable to the obligor under private sector - credit agreements; and - ``(ii) in lieu of other financial covenants - applicable to the obligor under this chapter - with respect to requirements regarding long- - term debt-to-equity, minimum working capital, - or minimum amount of equity; and - ``(E) represent the Secretary or Administrator to - protect the security interests of the Government - relating to an obligation guarantee. - ``(2) Private sector expert.--Independent analysis, review, - and representation conducted under this subsection shall be - performed by a private sector expert in the applicable field - who is selected by the Secretary or Administrator. - ``(d) Vessels of National Interest.-- - ``(1) Notice of funding.--The Secretary or Administrator - may post a notice in the Federal Register regarding the - availability of funding for obligation guarantees under this - chapter for the construction, reconstruction, or reconditioning - of a Vessel of National Interest and include a timeline for the - submission of applications for such vessels. - ``(2) Vessel characteristics.-- - ``(A) In general.--The Secretary or Administrator, - in consultation with the Secretary of Defense, the - Secretary of the Department in which the Coast Guard - Operates, or the heads of other Federal agencies, shall - develop and publish a list of vessel types that would - be considered Vessels of National Interest. - ``(B) Review.--Such list shall be reviewed and - revised every 4 years or as necessary, as determined by - the Administrator.''. - (d) Funding Limits.--Section 53704 of title 46, United States Code, -is amended-- - (1) in subsection (a)-- - (A) by striking ``that amount'' and all the follows - through ``$850,000,000'' and inserting ``that amount, - $850,000,000''; and - (B) by striking ``facilities'' and all that follows - through the end of the subsection and inserting - ``facilities.''; and - (2) in subsection (c)(4)-- - (A) by striking subparagraph (A); and - (B) by redesignating subparagraphs (B) through (K), - as subparagraphs (A) through (J), respectively. - (e) Eligible Purposes of Obligations.--Section 53706 of title 46, -United States Code, is amended-- - (1) in subsection (a)(1)(A)-- - (A) in the matter preceding clause (i), by striking - ``(including an eligible export vessel);'' - (B) in clause (iv) by adding ``or'' after the - semicolon; - (C) in clause (v), by striking ``; or'' and - inserting a period; and - (D) by striking clause (vi); and - (2) in subsection (c)(1)-- - (A) in subparagraph (A), by striking ``and'' after - the semicolon; - (B) in subparagraph (B)(ii), by striking the period - at the end and inserting ``; and''; and - (C) by adding at the end the following: - ``(C) after applying subparagraphs (A) and (B), - Vessels of National Interest.''. - (f) Amount of Obligations.--Section 53709(b) of title 46, United -States Code, is amended-- - (1) by striking paragraphs (3) and (6); and - (2) by redesignating paragraphs (4) and (5) as paragraphs - (3) and (4), respectively. - (g) Contents of Obligations.--Section 53710 of title 46, United -States Code, is amended-- - (1) in subsection (a)(4)-- - (A) in subparagraph (A)-- - (i) by striking ``or, in the case of'' and - all that follows through ``party''; and - (ii) by striking ``and'' after the - semicolon; and - (B) in subparagraph (B), by striking the period at - the end and inserting ``; and''; and - (C) by adding at the end the following: - ``(C) documented under the laws of the United - States for the term of the guarantee of the obligation - or until the obligation is paid in full, whichever is - sooner.''; and - (2) in subsection (c)-- - (A) in the subsection heading, by inserting ``and - Provide for the Financial Stability of the Obligor'' - after ``Interests''; - (B) by striking ``provisions for the protection - of'' and inserting ``provisions, which shall include-- - ``(1) provisions for the protection of''; - (C) by striking ``, and other matters that the - Secretary or Administrator may prescribe.'' and - inserting, ``; and''; and - (D) by adding at the end the following: - ``(2) any other provisions that the Secretary or - Administrator may prescribe.''. - (h) Administrative Fees.--Section 53713 of title 46, United States -Code, is amended-- - (1) in subsection (a)-- - (A) in the matter preceding paragraph (1), by - striking ``reasonable for--'' and inserting `` - reasonable for processing the application and - monitoring the loan guarantee, including for--''; - (B) in paragraph (4), by striking ``; and'' and - inserting ``or a deposit fund under section 53716 of - this title;''; - (C) in paragraph (5), by striking the period at the - end and inserting ``; and''; and - (D) by adding at the end the following: - ``(6) monitoring and providing services related to the - obligor's compliance with any terms related to the obligations, - the guarantee, or maintenance of the Secretary or - Administrator's security interests under this chapter.''; and - (2) in subsection (c)-- - (A) in paragraph (1), by striking ``under section - 53708(d) of this title'' and inserting ``under section - 53703(c) of this title''; - (B) by redesignating paragraphs (1) through (3) as - subparagraphs (A) through (C), respectively; - (C) by striking ``The Secretary'' and inserting the - following: - ``(1) In general.--The Secretary''; and - (D) by adding at the end the following: - ``(2) Fee limitation inapplicable.--Fees collected under - this subsection are not subject to the limitation of subsection - (b).''. - (i) Best Practices; Eligible Export Vessels.--Chapter 537 of title -46, United States Code, is further amended-- - (1) in subchapter I, by adding at the end the following new - section: -``Sec. 53719. Best practices - ``The Secretary or Administrator shall ensure that all standard -documents and agreements that relate to loan guarantees made pursuant -to this chapter are reviewed and updated every four years to ensure -that such documents and agreements meet the current commercial best -practices to the extent permitted by law.''; and - (2) in subchapter III, by striking section 53732. - (j) Express Consideration of Low-risk Applications.--Not later than -180 days after the date of enactment of this title, the Administrator -of the Maritime Administration shall, in consultation with affected -stakeholders, create a process for express processing of low-risk -maritime guaranteed loan applications under chapter 537 of title 46, -United States Code, based on Federal and industry best practices, -including proposals to better assist applicants to submit complete -applications within 6 months of the initial application. - (k) Congressional Notification.-- - (1) Notification.--Not less than 60 days before - reorganizing or consolidating the activities or personnel - covered under chapter 537 of title 46, United States Code, the - Secretary of Transportation shall notify, in writing, the - Committee on Commerce, Science, and Transportation of the - Senate and the Committee on Transportation and Infrastructure - of the House of Representatives of the proposed reorganization - or consolidation. - (2) Contents.--Each notification under paragraph (1) shall - include an evaluation of, and justification for, the - reorganization or consolidation. - (l) Clerical Amendments.-- - (1) The table of sections at the beginning of chapter 537 - of title 46, United States Code, is amended by inserting after - the item relating to section 53718 the following new item: - -``53719. Best practices.''. - (2) The table of sections at the beginning of chapter 537 - of title 46, United States Code, is further amended by striking - the item relating to section 53732. - -SEC. 8526. TECHNICAL CORRECTIONS. - - (a) Office of Personnel Management Guidance.--Not later than 120 -days after the date of enactment of this title, the Director of the -Office of Personnel Management, in consultation with the Administrator -of the Maritime Administration, shall identify key skills and -competencies necessary to maintain a balance of expertise in merchant -marine seagoing service and strategic sealift military service in each -of the following positions within the Office of the Commandant: - (1) Commandant. - (2) Deputy Commandant. - (3) Tactical company officers. - (4) Regimental officers. - (b) Sea Year Compliance.--Section 3514(a)(1)(A) of the National -Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 46 -U.S.C. 51318 note) is amended by inserting ``domestic and -international'' after ``criteria that''. - -SEC. 8527. UNITED STATES MERCHANT MARINE ACADEMY'S SEXUAL ASSAULT - PREVENTION AND RESPONSE PROGRAM. - - (a) Implementation of Recommendations.--The Secretary of -Transportation shall ensure that, not later than 180 days after the -date of enactment of this title, the recommendations in the Inspector -General of the Department of Transportation's report on the -effectiveness of the United States Merchant Marine Academy's Sexual -Assault Prevention and Response program (mandated under section 3512 of -the National Defense Authorization Act for Fiscal Year 2017 (Public Law -114-328; 130 Stat. 2786)), are fully implemented. - (b) Report.--Not later than 180 days after the date of enactment of -this title, the Secretary of Transportation shall submit a report to -Congress-- - (1) confirming that the recommendations described in - subsection (a) have been fully implemented, and explaining how - those recommendations have been implemented; or - (2) if such recommendations have not been fully implemented - as of the date of the report, including an explanation of why - such recommendations have not been fully implemented and a - description of the resources that are needed to fully implement - such recommendations. - -SEC. 8528. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY - INFRASTRUCTURE. - - (a) In General.--The Secretary of Transportation, in consultation -with the Secretary of Energy, the Secretary of the Interior, and the -heads of other relevant agencies as appropriate, shall prepare and -submit a report on the need for vessels to install, operate, and -maintain emerging offshore energy infrastructure, including offshore -wind energy. - (b) Contents.--Such report shall include-- - (1) an inventory of vessels (including existing vessels and - vessels that have the potential to be refurbished) to install, - operate, and maintain such emerging offshore energy - infrastructure; - (2) a projection of existing vessels needed to meet such - emerging offshore energy needs over the next 10 years; and - (3) policy recommendations to ensure the vessel capacity to - support such emerging offshore energy. - (c) Transmittal.--Not later than 6 months after the date of -enactment of this title, the Secretary of Transportation shall submit -such report to the Committee on Commerce, Science, and Transportation -of the Senate, the Committee on Energy and Natural Resources of the -Senate, and the Committee on Transportation and Infrastructure of the -House of Representatives. - - Subtitle B--Maritime SAFE Act - -SEC. 8531. SHORT TITLES. - - (a) Short Titles.--This subtitle may be cited as the ``Maritime -Security and Fisheries Enforcement Act'' or the ``Maritime SAFE Act''. - -SEC. 8532. DEFINITIONS. +FH Ops Army Unspecified Worldwide Utilities.................. 55712 55712 + Locations + ........................ + Family Housing Operation And Maintenance, Army Total 357,907 457,640 + ...................... + Worldwide Unspecified +FH Con Navy Unspecified Worldwide Construction Improvements.. 41,798 41,798 + Locations +FH Con Navy Unspecified Worldwide Planning & Design.......... 3,863 3,863 + Locations +FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning and 2,000 2,000 + Locations Design. + ........................ + Family Housing Construction, Navy And Marine Corps Total 47,661 47,661 + ...................... + Worldwide Unspecified +FH Ops Navy Unspecified Worldwide Furnishings................ 19,009 19,009 + Locations +FH Ops Navy Unspecified Worldwide Housing Privatization 21,975 81,575 + Locations Support. +FH Ops Navy Unspecified Worldwide Leasing.................... 64,126 64,126 + Locations +FH Ops Navy Unspecified Worldwide Maintenance................ 82,611 137,344 + Locations +FH Ops Navy Unspecified Worldwide Management................. 50,122 50,122 + Locations +FH Ops Navy Unspecified Worldwide Miscellaneous.............. 151 151 + Locations +FH Ops Navy Unspecified Worldwide Services................... 16,647 16,647 + Locations +FH Ops Navy Unspecified Worldwide Utilities.................. 63,229 63,229 + Locations + ........................ + Family Housing Operation And Maintenance, Navy And Marine Corps Total 317,870 432,203 + ...................... + Germany +FH Con AF Spangdahlem Air Base Construct Deficit Military 53,584 53,584 + Family Housing. + Worldwide Unspecified +FH Con AF Unspecified Worldwide Construction Improvements.. 46,638 46,638 + Locations +FH Con AF Unspecified Worldwide Planning & Design.......... 3,409 3,409 + Locations + ........................ + Family Housing Construction, Air Force Total 103,631 103,631 + ...................... + Worldwide Unspecified +FH Ops AF Unspecified Worldwide Furnishings................ 30,283 30,283 + Locations +FH Ops AF Unspecified Worldwide Housing Privatization...... 22,593 53,793 + Locations +FH Ops AF Unspecified Worldwide Leasing.................... 15,768 15,768 + Locations +FH Ops AF Unspecified Worldwide Maintenance................ 117,704 172,437 + Locations +FH Ops AF Unspecified Worldwide Management................. 56,022 56,022 + Locations +FH Ops AF Unspecified Worldwide Miscellaneous.............. 2,144 2,144 + Locations +FH Ops AF Unspecified Worldwide Services................... 7,770 7,770 + Locations +FH Ops AF Unspecified Worldwide Utilities.................. 42,732 42,732 + Locations + ........................ + Family Housing Operation And Maintenance, Air Force Total 295,016 380,949 + ...................... + Worldwide Unspecified +FH Ops DW Unspecified Worldwide Furnishings................ 82 82 + Locations +FH Ops DW Unspecified Worldwide Furnishings................ 645 645 + Locations +FH Ops DW Unspecified Worldwide Leasing.................... 12,906 12,906 + Locations +FH Ops DW Unspecified Worldwide Leasing.................... 39,222 39,222 + Locations +FH Ops DW Unspecified Worldwide Maintenance................ 32 32 + Locations +FH Ops DW Unspecified Worldwide Utilities.................. 13 13 + Locations +FH Ops DW Unspecified Worldwide Utilities.................. 4,100 4,100 + Locations + ........................ + Family Housing Operation And Maintenance, Defense-Wide Total 57,000 57,000 + ...................... + Worldwide Unspecified +FHIF Unspecified Worldwide Administrative Expenses-- 3,045 3,045 + Locations FHIF. + ........................ + DOD Family Housing Improvement Fund Total 3,045 3,045 + ...................... + Worldwide Unspecified +UHIF Unspecified Worldwide Administrative Expenses-- 500 500 + Locations UHIF. + ........................ + Unaccompanied Housing Improvement Fund Total 500 500 + ...................... + Worldwide Unspecified +BRAC Worldwide Unspecified Base Realignment and 66,111 94,111 + Locations Closure. + ........................ + Base Realignment and Closure--Army Total 66,111 94,111 + ...................... + Worldwide Unspecified +BRAC Unspecified Worldwide Base Realignment & Closure. 158,349 216,349 + Locations + ........................ + Base Realignment and Closure--Navy Total 158,349 216,349 + ...................... + Worldwide Unspecified +BRAC Unspecified Worldwide Dod BRAC Activities--Air 54,066 82,066 + Locations Force. + ........................ + Base Realignment and Closure--Air Force Total 54,066 82,066 + ...................... + Prior Year Savings +PYS Prior Year Savings Prior Year Savings......... 0 -64685 + ........................ + Prior Year Savings Total 0 -64,685 + ...................... + Total, Military Construction 11,241,653 10,925,739 +---------------------------------------------------------------------------------------------------------------- - In this subtitle: - (1) AIS.--The term ``AIS'' means Automatic Identification - System (as defined in section 164.46 of title 33, Code of - Federal Regulations, or a similar successor regulation). - (2) Combined maritime forces.--The term ``Combined Maritime - Forces'' means the 33-nation naval partnership, originally - established in February 2002, which promotes security, - stability, and prosperity across approximately 3,200,000 square - miles of international waters. - (3) Exclusive economic zone.-- - (A) In general.--Unless otherwise specified by the - President as being in the public interest in a writing - published in the Federal Register, the term ``exclusive - economic zone'' means-- - (i) the area within a zone established by a - maritime boundary that has been established by - a treaty in force or a treaty that is being - provisionally applied by the United States; or - (ii) in the absence of a treaty described - in clause (i)-- - (I) a zone, the outer boundary of - which is 200 nautical miles from the - baseline from which the breadth of the - territorial sea is measured; or - (II) if the distance between the - United States and another country is - less than 400 nautical miles, a zone, - the outer boundary of which is - represented by a line equidistant - between the United States and the other - country. - (B) Inner boundary.--Without affecting any - Presidential Proclamation with regard to the - establishment of the United States territorial sea or - exclusive economic zone, the inner boundary of the - exclusive economic zone is-- - (i) in the case of coastal States, a line - coterminous with the seaward boundary of each - such State (as described in section 4 of the - Submerged Lands Act (43 U.S.C. 1312)); - (ii) in the case of the Commonwealth of - Puerto Rico, a line that is 3 marine leagues - from the coastline of the Commonwealth of - Puerto Rico; - (iii) in the case of American Samoa, the - United States Virgin Islands, Guam, and the - Northern Mariana Islands, a line that is 3 - geographic miles from the coastlines of - American Samoa, the United States Virgin - Islands, Guam, or the Northern Mariana Islands, - respectively; or - (iv) for any possession of the United - States not referred to in clause (ii) or (iii), - the coastline of such possession. - (C) Rule of construction.--Nothing in this - paragraph may be construed to diminish the authority of - the Department of Defense, the Department of the - Interior, or any other Federal department or agency. - (4) Food security.--The term ``food security'' means access - to, and availability, utilization, and stability of, sufficient - food to meet caloric and nutritional needs for an active and - healthy life. - (5) Global record of fishing vessels, refrigerated - transport vessels, and supply vessels.--The term ``global - record of fishing vessels, refrigerated transport vessels, and - supply vessels'' means the Food and Agriculture Organization of - the United Nations' initiative to rapidly make available - certified data from state authorities about vessels and vessel - related activities. - (6) IUU fishing.--The term ``IUU fishing'' means illegal - fishing, unreported fishing, or unregulated fishing (as such - terms are defined in paragraph 3 of the International Plan of - Action to Prevent, Deter, and Eliminate Illegal, Unreported and - Unregulated Fishing, adopted at the 24th Session of the - Committee on Fisheries in Rome on March 2, 2001). - (7) Port state measures agreement.--The term ``Port State - Measures Agreement'' means the Agreement on Port State Measures - to Prevent, Deter, and Eliminate Illegal, Unreported, and - Unregulated Fishing set forth by the Food and Agriculture - Organization of the United Nations, done at Rome, Italy - November 22, 2009, and entered into force June 5, 2016, which - offers standards for reporting and inspecting fishing - activities of foreign-flagged fishing vessels at port. - (8) Priority flag state.--The term ``priority flag state'' - means a country selected in accordance with section - 8552(b)(3)-- - (A) whereby the flagged vessels of which actively - engage in, knowingly profit from, or are complicit in - IUU fishing; and - (B) that is willing, but lacks the capacity, to - monitor or take effective enforcement action against - its fleet. - (9) Priority region.--The term ``priority region'' means a - region selected in accordance with section 8552(b)(2)-- - (A) that is at high risk for IUU fishing activity - or the entry of illegally caught seafood into the - markets of countries in the region; and - (B) in which countries lack the capacity to fully - address the illegal activity described in subparagraph - (A). - (10) Regional fisheries management organization.--The term - ``Regional Fisheries Management Organization'' means an - intergovernmental fisheries organization or arrangement, as - appropriate, that has the competence to establish conservation - and management measures. - (11) Seafood.--The term ``seafood''-- - (A) means marine finfish, mollusks, crustaceans, - and all other forms of marine animal and plant life, - including those grown, produced, or reared through - marine aquaculture operations or techniques; and - (B) does not include marine mammals, turtles, or - birds. - (12) Transnational organized illegal activity.--The term - ``transnational organized illegal activity'' means criminal - activity conducted by self-perpetuating associations of - individuals who operate transnationally for the purpose of - obtaining power, influence, or monetary or commercial gains, - wholly or in part by illegal means, while protecting their - activities through a pattern of corruption or violence or - through a transnational organizational structure and the - exploitation of transnational commerce or communication - mechanisms. - (13) Transshipment.--The term ``transshipment'' means the - use of refrigerated vessels that-- - (A) collect catch from multiple fishing boats; - (B) carry the accumulated catches back to port; and - (C) deliver supplies to fishing boats, which allows - fishing vessels to remain at sea for extended periods - without coming into port. - -SEC. 8533. PURPOSES. - The purposes of this subtitle are-- - (1) to support a whole-of-government approach across the - Federal Government to counter IUU fishing and related threats - to maritime security; - (2) to improve data sharing that enhances surveillance, - enforcement, and prosecution against IUU fishing and related - activities at a global level; - (3) to support coordination and collaboration to counter - IUU fishing within priority regions; - (4) to increase and improve global transparency and - traceability across the seafood supply chain as-- - (A) a deterrent to IUU fishing; and - (B) a tool for strengthening fisheries management - and food security; - (5) to improve global enforcement operations against IUU - fishing through a whole-of-government approach by the United - States; and - (6) to prevent the use of IUU fishing as a financing source - for transnational organized groups that undermine United States - and global security interests. +SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS. -SEC. 8534. STATEMENT OF POLICY. - It is the policy of the United States_ - (1) to take action to curtail the global trade in seafood - and seafood products derived from IUU fishing, including its - links to forced labor and transnational organized illegal - activity; - (2) to develop holistic diplomatic, military, law - enforcement, economic, and capacity-building tools to counter - IUU fishing; - (3) to provide technical assistance to countries in - priority regions and priority flag states to combat IUU - fishing, including assistance-- - (A) to increase local, national, and regional level - capacities to counter IUU fishing through the - engagement of law enforcement and security forces; - (B) to enhance port capacity and security, - including by supporting other countries in working - toward the adoption and implementation of the Port - State Measures Agreement; - (C) to combat corruption and increase transparency - and traceability in fisheries management and trade; - (D) to enhance information sharing within and - across governments and multilateral organizations - through the development and use of agreed standards for - information sharing; and - (E) to support effective, science-based fisheries - management regimes that promote legal and safe - fisheries and act as a deterrent to IUU fishing; - (4) to promote global maritime security through improved - capacity and technological assistance to support improved - maritime domain awareness; - (5) to engage with priority flag states to encourage the - use of high quality vessel tracking technologies where existing - enforcement tools are lacking; - (6) to engage with multilateral organizations working on - fisheries issues, including Regional Fisheries Management - Organizations and the Food and Agriculture Organization of the - United Nations, to combat and deter IUU fishing; - (7) to advance information sharing across governments and - multilateral organizations in areas that cross multiple - jurisdictions, through the development and use of an agreed - standard for information sharing; - (8) to continue to use existing and future trade agreements - to combat IUU fishing; - (9) to employ appropriate assets and resources of the - United States Government in a coordinated manner to disrupt the - illicit networks involved in IUU fishing; - (10) to continue to declassify and make available, as - appropriate and practicable, technologies developed by the - United States Government that can be used to help counter IUU - fishing; - (11) to recognize the ties of IUU fishing to transnational - organized illegal activity, including human trafficking and - illegal trade in narcotics and arms, and as applicable, to - focus on illicit activity in a coordinated, cross-cutting - manner; - (12) to recognize and respond to poor working conditions, - labor abuses, and other violent crimes in the fishing industry; - (13) to increase and improve global transparency and - traceability along the seafood supply chain as-- - (A) a deterrent to IUU fishing; and - (B) an approach for strengthening fisheries - management and food security; and - (14) to promote technological investment and innovation to - combat IUU fishing. +---------------------------------------------------------------------------------------------------------------- + SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + FY 2020 Conference + Service State/Country and Installation Project Request Authorized +---------------------------------------------------------------------------------------------------------------- + Guantanamo Bay, Cuba +Army Guantanamo Bay Naval Station OCO: Communications 22,000 22,000 + Facility. +Army Guantanamo Bay Naval Station OCO: Detention Legal 11,800 11,800 + Office and Comms Ctr. +Army Guantanamo Bay Naval Station OCO: High Value Detention 88,500 0 + Facility. + Worldwide Unspecified +Army Unspecified Worldwide Locations EDI/OCO Planning and 19,498 19,498 + Design. +Army Unspecified Worldwide Locations EDI: Bulk Fuel Storage.... 36,000 36,000 +Army Unspecified Worldwide Locations EDI: Information Systems 6,200 6,200 + Facility. +Army Unspecified Worldwide Locations EDI: Minor Construction... 5,220 5,220 +Army Unspecified Worldwide Locations Unspecified Worldwide 9,200,000 0 + Construction. +Army Various Worldwide Locations EDI: Various Worldwide 0 36,212 + Locations Europe. + + Military Construction, Army Total 9,389,218 136,930 + + Bahrain +Navy SW Asia Electrical System Upgrade. 0 53,360 + Italy +Navy Sigonella Communications Station.... 0 77,400 + Spain +Navy Rota EDI: In-Transit Munitions 9,960 9,960 + Facility. +Navy Rota EDI: Joint Mobility Center 46,840 46,840 +Navy Rota EDI: Small Craft Berthing 12,770 12,770 + Facility. + Worldwide Unspecified +Navy Unspecified Worldwide Locations Planning and Design....... 25,000 25,000 +Navy Various Worldwide Locations EDI: Various Worldwide 0 36,211 + Locations Europe. + + Military Construction, Navy Total 94,570 261,541 + + Iceland +AF Keflavik EDI: Airfield Upgrades-- 18,000 18,000 + Dangerous Cargo Pad. +AF Keflavik EDI: Beddown Site Prep.... 7,000 7,000 +AF Keflavik EDI: Expand Parking Apron. 32,000 32,000 + Jordan +AF Azraq Air Traffic Control Tower. 0 24,000 +AF Azraq Munitions Storage Area.... 0 42,000 + Spain +AF Moron EDI: Hot Cargo Pad........ 8,500 8,500 + Worldwide Unspecified +AF Unspecified Planning & Design......... 0 60,000 +AF Unspecified Worldwide Locations EDI: ECAOS DABS/FEV EMEDS 107,000 107,000 + Storage. +AF Unspecified Worldwide Locations EDI: Hot Cargo Pad........ 29,000 29,000 +AF Unspecified Worldwide Locations EDI: Munitions Storage 39,000 39,000 + Area. +AF Various Worldwide Locations EDI: Various Worldwide 0 36,211 + Locations Europe. +AF Various Worldwide Locations EDI: P&D.................. 61,438 61,438 +AF Various Worldwide Locations EDI: UMMC................. 12,800 12,800 + + Military Construction, Air Force Total 314,738 476,949 + + Germany +Def-Wide Gemersheim EDI: Logistics 46,000 46,000 + Distribution Center Annex. + + Military Construction,Defense-Wide Total 46,000 46,000 + + Total, Military Construction 9,844,526 921,420 +---------------------------------------------------------------------------------------------------------------- - PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY -SEC. 8541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS. +SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS. - The Secretary of State, in conjunction with the Secretary of -Commerce, shall coordinate with Regional Fisheries Management -Organizations and the Food and Agriculture Organization of the United -Nations, and may coordinate with other relevant international -governmental or nongovernmental organizations, or the private sector, -as appropriate, to enhance regional responses to IUU fishing and -related transnational organized illegal activities. -SEC. 8542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED STATES. +---------------------------------------------------------------------------------------------------------------- + SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + FY 2020 Conference + Service State/Country and Installation Project Request Authorized +---------------------------------------------------------------------------------------------------------------- + California +Navy Naval Air Weapons Station China Planning and Design....... 0 89,320 + Lake +Navy Naval Air Weapons Station China Hanger 3 Replacement, 0 514,600 + Lake Apron, Taxiway & + Utilities for RDT&E. +Navy Naval Air Weapons Station China Aircraft Parking Apron in 0 50,800 + Lake Support of Hanger 2 + Replacement. +Navy Naval Air Weapons Station China Michelson Mission Systems 0 202,340 + Lake Intergration Laboratory. +Navy Naval Air Weapons Station China Magazines & Inert Storage 0 138,930 + Lake Facility. +Navy Naval Air Weapons Station China Air Operations Facility & 0 70,900 + Lake Air Traffic Control Tower. +Navy Naval Air Weapons Station China Community Support 0 85,790 + Lake Facilities. + North Carolina +Navy Camp Lejeune Courthouse Bay Fire 0 21,336 + Station Replacement. +Navy Camp Lejeune Hadnot Point Fire Station 0 21,931 + Replacement. +Navy Camp Lejeune Hadnot Point Mess Hall 0 66,023 + Replacement. +Navy Camp Lejeune II MEF Simulation/Training 0 74,487 + Center Replacement. +Navy Camp Lejeune LOGCOM CSP Warehouse 0 35,874 + Replacement. +Navy Camp Lejeune LSSS Facility Replacement. 0 26,815 +Navy Camp Lejeune MC Advisor Battalion HQS 0 30,109 + Replacement. +Navy Camp Lejeune MCCSSS Log Ops School..... 0 179,617 +Navy Camp Lejeune MCES Applied Instruction 0 95,599 + Facility Replacement. +Navy Camp Lejeune NCIS Facilities 0 22,594 + Replacement. +Navy Camp Lejeune PMO Facility Replacement.. 0 34,718 +Navy Camp Lejeune WTBN Headquarters 0 18,644 + Replacement. +Navy MCAS Cherry Point Physical Security 0 52,300 + Compliance. +Navy MCAS Cherry Point BT-11 Range Operations 0 14,251 + Center Replacement. +Navy MCAS New River C-12W Aircraft Maintenance 0 36,295 + Hangar Replacement. +Navy MCAS New River Bachelor Enlisted Quarters 0 62,104 + Replacement. +Navy MCAS New River CNATT Classroom Building 0 114,706 + Replacement. +Navy MCAS New River CH-53K Maintenance Hangar 0 252,717 + Replacement. + ................................. + Military Construction, Navy Total 0 2,312,800 + ............................... + Florida +AF Tyndall Air Force Base 325th Fighting Wing HQ 0 38,000 + Facility. +AF Tyndall Air Force Base Aerospace & Operational 0 12,000 + Physiology Facility. +AF Tyndall Air Force Base Aircraft MX Fuel Cell 0 37,000 + Hangar. +AF Tyndall Air Force Base Aircraft Wash Rack........ 0 9,100 +AF Tyndall Air Force Base Airfield Drainage......... 0 144,000 +AF Tyndall Air Force Base Auxiliary Ground Equipment 0 22,000 + Facility. +AF Tyndall Air Force Base Chapel.................... 0 26,000 +AF Tyndall Air Force Base Community Commons Facility 0 64,000 +AF Tyndall Air Force Base Deployment Center/Flight 0 43,000 + Line Dining/AAFES. +AF Tyndall Air Force Base Dorm Complex Phase 1...... 0 145,000 +AF Tyndall Air Force Base Dorm Complex Phase 2...... 0 131,000 +AF Tyndall Air Force Base Emergency Management, EOC, 0 20,000 + Alt CP. +AF Tyndall Air Force Base Flightline--Muns Storage, 0 36,000 + 7000 Area. +AF Tyndall Air Force Base Lodging Facilities Phase 1 0 90,000 +AF Tyndall Air Force Base Lodging Facilities Phase 2 0 89,000 +AF Tyndall Air Force Base Operations Group/ 0 24,000 + Maintenance Group HQ. +AF Tyndall Air Force Base Ops/Aircraft Maintenance 0 74,000 + Unit/Hangar #2. +AF Tyndall Air Force Base Ops/Aircraft Maintenance 0 75,000 + Unit/Hangar #3. +AF Tyndall Air Force Base OSS/Radar Approach Control 0 37,000 + Facility. +AF Tyndall Air Force Base Planning and Design....... 0 52,400 +AF Tyndall Air Force Base Security Forces Mobility 0 6,700 + Storage Facility. +AF Tyndall Air Force Base Simulator Facility........ 0 38,000 +AF Tyndall Air Force Base Site Development, 0 141,000 + Utilities & Demo Phase 2. +AF Tyndall Air Force Base Small Arms Range.......... 0 26,000 +AF Tyndall Air Force Base Special Purpose Vehicle 0 20,000 + Maintenance. +AF Tyndall Air Force Base Tyndall AFB Gate Complexes 0 75,000 +AF Tyndall Air Force Base Weapons Load Training 0 25,000 + Hangar. + Nebraska +AF Offutt Air Force Base Emergency Power Microgrid. 0 43,000 +AF Offutt Air Force Base Flightline Hangars Campus. 0 10,000 +AF Offutt Air Force Base Lake Campus............... 0 6,000 +AF Offutt Air Force Base Logistics Readiness 0 18,500 + Squadron Campus. +AF Offutt Air Force Base Security Campus........... 0 63,000 + Virginia +AF Joint Base Langley-Eustis Dormitory................. 0 31,000 + ................................. + Military Construction, Air Force Total 0 1,671,700 + ............................... + North Carolina +Def-Wide Camp Lejeune Ambulatory Care Center 0 17,821 + (Camp Geiger). +Def-Wide Camp Lejeune Ambulatory Care Center 0 27,492 + (Camp Johnson). +Def-Wide Camp Lejeune MARSOC ITC Team Facility 0 30,000 + Replacement. + ................................. + Military Construction, Defense-Wide Total 0 75,313 + ............................... + Louisiana +Army NG Pineville National Guard Readiness 0 16,500 + Center. + Nebraska +Army NG Ashland Training Site, Various 0 35,000 + Facilities. +Army NG Ashland Flood Control Levee/ 0 8,500 + Floodwall. + ................................. + Military Construction, Army National Guard Total 0 60,000 + ............................... + Total, Military Construction 0 4,119,813 +---------------------------------------------------------------------------------------------------------------- - Not later than 1 year after the date of the enactment of this -title, each chief of mission (as defined in section 102 of the Foreign -Service Act of 1980 (22 U.S.C. 3902)) to a relevant country in a -priority region or to a priority flag state may, if the Secretary of -State determines such action is appropriate-- - (1) convene a working group, led by Department of State - officials, to examine IUU fishing, which may include - stakeholders such as-- - (A) United States officials from relevant agencies - participating in the interagency Working Group - identified in section 8551, foreign officials, - nongovernmental organizations, the private sector, and - representatives of local fishermen in the region; and - (B) experts on IUU fishing, law enforcement, - criminal justice, transnational organized illegal - activity, defense, intelligence, vessel movement - monitoring, and international development operating in - or with knowledge of the region; and - (2) designate a counter-IUU Fishing Coordinator from among - existing personnel at the mission if the chief of mission - determines such action is appropriate. - -SEC. 8543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW ENFORCEMENT - WITHIN PRIORITY REGIONS AND PRIORITY FLAG STATES. - - (a) In General.--The Secretary of State, in collaboration with the -Secretary of Commerce and the Commandant of the Coast Guard when the -Coast Guard is operating in, or as a component of, the Department of -Homeland Security, as well as any other relevant department or agency, -shall provide assistance, as appropriate, in accordance with this -section. - (b) Law Enforcement Training and Coordination Activities.--The -officials referred to in subsection (a) shall evaluate opportunities to -provide assistance, as appropriate, to countries in priority regions -and priority flag states to improve the effectiveness of IUU fishing -enforcement, with clear and measurable targets and indicators of -success, including-- - (1) by assessing and using existing resources, enforcement - tools, and legal authorities to coordinate efforts to combat - IUU fishing with efforts to combat other illegal trade, - including weapons, drugs, and human trafficking; - (2) by expanding existing IUU fishing enforcement training; - (3) by providing targeted, country- and region-specific - training on combating IUU fishing, including in those countries - that have not adopted the Port State Measures Agreement; - (4) by supporting increased effectiveness and transparency - of the fisheries enforcement sectors of the governments of such - countries; and - (5) by supporting increased outreach to stakeholders in the - affected communities as key partners in combating and - prosecuting IUU fishing. - (c) Port Security Assistance.--The officials referred to in -subsection (a) shall evaluate opportunities to provide assistance, as -appropriate, to countries in priority regions and priority flag states -to help those states implement programs related to port security and -capacity for the purposes of preventing IUU fishing products from -entering the global seafood market, including by supporting other -countries in working toward the adoption and implementation of the Port -State Measures Agreement. - (d) Capacity Building for Investigations and Prosecutions.--The -officials referred to in subsection (a), in collaboration with the -governments of countries in priority regions and of priority flag -states, shall evaluate opportunities to assist those countries in -designing and implementing programs in such countries, as appropriate, -to increase the capacity of IUU fishing enforcement and customs and -border security officers to improve their ability-- - (1) to conduct effective investigations, including using - law enforcement techniques such as undercover investigations - and the development of informer networks and actionable - intelligence; - (2) to conduct vessel boardings and inspections at sea and - associated enforcement actions; - (3) to exercise existing shiprider agreements and to enter - into and implement new shiprider agreements, as appropriate, - including in those countries that have not adopted the Port - State Measures Agreement; - (4) to conduct vessel inspections at port and associated - enforcement actions; - (5) to assess technology needs and promote the use of - technology to improve monitoring, enforcement, and prosecution - of IUU fishing; - (6) to conduct DNA-based and forensic identification of - seafood used in trade; - (7) to conduct training on techniques, such as collecting - electronic evidence and using computer forensics, for law - enforcement personnel involved in complex investigations - related to international matters, financial issues, and - government corruption that include IUU fishing; - (8) to assess financial flows and the use of financial - institutions to launder profits related to IUU fishing; - (9) to conduct training on the legal mechanisms that can be - used to prosecute those identified in the investigations as - alleged perpetrators of IUU fishing and other associated crimes - such as trafficking and forced labor; and - (10) to conduct training to raise awareness of the use of - whistleblower information and ways to incentivize - whistleblowers to come forward with original information - related to IUU fishing. - (e) Capacity Building for Information Sharing.--The officials -referred to in subsection (a) shall evaluate opportunities to provide -assistance, as appropriate, to key countries in priority regions and -priority flag states in the form of training, equipment, and systems -development to build capacity for information sharing related to -maritime enforcement and port security. - (f) Coordination With Other Relevant Agencies.--The Secretary of -State, in collaboration with the Commandant of the Coast Guard when the -Coast Guard is operating in, or as a component of, the Department of -Homeland Security, and the Secretary of Commerce, shall coordinate with -other relevant agencies, as appropriate, in accordance with this -section. -SEC. 8544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU FISHING. + TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS - The Secretary of State, the Administrator of the United States -Agency for International Development, the Commandant of the Coast Guard -when the Coast Guard is operating in, or as a component of, the -Department of Homeland Security, the Secretary of Defense, the -Secretary of Commerce, the Attorney General, and the heads of other -appropriate Federal agencies shall assess opportunities to combat IUU -fishing by expanding, as appropriate, the use of the following -mechanisms: - (1) Including counter-IUU fishing in existing shiprider - agreements in which the United States is a party. - (2) Entering into shiprider agreements that include - counter-IUU fishing with priority flag states and countries in - priority regions with which the United States does not already - have such an agreement. - (3) Including counter-IUU fishing as part of the mission of - the Combined Maritime Forces. - (4) Including counter-IUU fishing exercises in the annual - at-sea exercises conducted by the Department of Defense, in - coordination with the United States Coast Guard. - (5) Creating partnerships similar to the Oceania Maritime - Security Initiative and the Africa Maritime Law Enforcement - Partnership in other priority regions. - -SEC. 8545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY PROGRAMS. +Sec. 4701. Department of Energy national security programs. +SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. - The Secretary of State, the Administrator of the United States -Agency for International Development, the Commandant of the Coast Guard -when the Coast Guard is operating in, or as a component of, the -Department of Homeland Security, the Secretary of Commerce, and the -heads of other Federal agencies, if merited, shall work, as -appropriate, with priority flag states and key countries in priority -regions-- - (1) to increase knowledge within such countries about the - United States transparency and traceability standards for - imports of seafood and seafood products; - (2) to improve the capacity of seafood industries within - such countries through information sharing and training to meet - the requirements of transparency and traceability standards for - seafood and seafood product imports, including catch - documentation and trade tracking programs adopted by relevant - regional fisheries management organizations; - (3) to improve the capacities of government, industry, and - civil society groups to develop and implement comprehensive - traceability systems that-- - (A) deter IUU fishing; - (B) strengthen fisheries management; and - (C) enhance maritime domain awareness; and - (4) to support the implementation of seafood traceability - standards in such countries to prevent IUU fishing products - from entering the global seafood market and assess capacity and - training needs in those countries. - -SEC. 8546. TECHNOLOGY PROGRAMS. - The Secretary of State, the Administrator of the United States -Agency for International Development, the Commandant of the Coast Guard -when the Coast Guard is operating in, or as a component of, the -Department of Homeland Security, the Secretary of Defense, the -Secretary of Commerce, and the heads of other Federal agencies, as -appropriate, shall pursue programs to expand the role of technology for -combating IUU fishing, including by-- - (1) promoting the use of technology to combat IUU fishing; - (2) assessing the technology needs, including vessel - tracking technologies and data sharing, in priority regions and - priority flag states; - (3) engaging with priority flag states to encourage the - mandated use of vessel tracking technologies, including vessel - monitoring systems, AIS, or other vessel movement monitoring - technologies on fishing vessels and transshipment vessels at - all times, as appropriate, while at sea as a means to identify - IUU fishing activities and the shipment of illegally caught - fish products; and - (4) building partnerships with the private sector, - including universities, nonprofit research organizations, the - seafood industry, and the technology, transportation and - logistics sectors, to leverage new and existing technologies - and data analytics to address IUU fishing. - -SEC. 8547. SAVINGS CLAUSE. - - No provision of section 8532 or of this part shall impose, or be -interpreted to impose, any duty, responsibility, requirement, or -obligation on the Department of Defense, the Department of the Navy, or -any official or component of either. +------------------------------------------------------------------------ +SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands + of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Program Request Authorized +------------------------------------------------------------------------ +Discretionary Summary By Appropriation + Energy And Water Development, And + Related Agencies + Appropriation Summary: + Energy Programs + Nuclear Energy...................... 137,808 137,808 + + Atomic Energy Defense Activities + National nuclear security + administration: + Weapons activities................ 12,408,603 12,444,780 + Defense nuclear nonproliferation.. 1,993,302 2,020,814 + Naval reactors.................... 1,648,396 1,633,396 + Federal salaries and expenses..... 434,699 434,699 + Total, National nuclear security 16,485,000 16,533,689 + administration..................... + + Environmental and other defense + activities: + Defense environmental cleanup..... 5,506,501 5,527,732 + Other defense activities.......... 1,035,339 885,839 + Defense nuclear waste disposal.... 26,000 0 + Total, Environmental & other defense 6,567,840 6,413,571 + activities......................... + Total, Atomic Energy Defense 23,052,840 22,947,260 + Activities........................... +Total, Discretionary Funding.............. 23,190,648 23,085,068 + +Nuclear Energy + Idaho sitewide safeguards and security.. 137,808 137,808 +Total, Nuclear Energy..................... 137,808 137,808 + +Weapons Activities + Directed stockpile work + Life extension programs and major + alterations + B61-12 Life extension program....... 792,611 792,611 + W76-2 Modification program.......... 10,000 10,000 + W88 Alt 370......................... 304,186 304,186 + W80-4 Life extension program........ 898,551 898,551 + W87-1 Modification Program (formerly 112,011 112,011 + IW1)............................... + Total, Life extension programs and 2,117,359 2,117,359 + major alterations.................... + + Stockpile systems + B61 Stockpile systems............... 71,232 71,232 + W76 Stockpile systems............... 89,804 89,804 + W78 Stockpile systems............... 81,299 81,299 + W80 Stockpile systems............... 85,811 85,811 + B83 Stockpile systems............... 51,543 51,543 + W87 Stockpile systems............... 98,262 98,262 + W88 Stockpile systems............... 157,815 157,815 + Total, Stockpile systems.............. 635,766 635,766 + + Weapons dismantlement and disposition + Operations and maintenance.......... 47,500 47,500 + Program increase + + Stockpile services + Production support.................. 543,964 543,964 + Research and development support.... 39,339 39,339 + R&D certification and safety........ 236,235 236,235 + Management, technology, and 305,000 305,000 + production......................... + Total, Stockpile services............. 1,124,538 1,124,538 + + Strategic materials + Uranium sustainment................. 94,146 94,146 + Plutonium sustainment............... 712,440 712,440 + Tritium sustainment................. 269,000 269,000 + Lithium sustainment................. 28,800 28,800 + Domestic uranium enrichment......... 140,000 140,000 + Strategic materials sustainment..... 256,808 256,808 + Total, Strategic materials............ 1,501,194 1,501,194 + Total, Directed stockpile work.......... 5,426,357 5,426,357 + + Research, development, test and + evaluation (RDT&E) + Science + Advanced certification.............. 57,710 57,710 + Primary assessment technologies..... 95,169 95,169 + Dynamic materials properties........ 133,800 133,800 + Advanced radiography................ 32,544 32,544 + Secondary assessment technologies... 77,553 77,553 + Academic alliances and partnerships. 44,625 44,625 + Enhanced Capabilities for 145,160 145,160 + Subcritical Experiments............ + Total, Science........................ 586,561 586,561 + + Engineering + Enhanced surety..................... 46,500 46,500 + Delivery Environments (formerly 35,945 35,945 + Weapons Systems Engineering + Assessment Technology)............. + Nuclear survivability............... 53,932 53,932 + Enhanced surveillance............... 57,747 57,747 + Stockpile Responsiveness............ 39,830 80,630 + Program expansion................. [40,800] + Total, Engineering ................... 233,954 274,754 + + Inertial confinement fusion ignition + and high yield + Ignition and Other Stockpile 55,649 55,649 + Programs........................... + Diagnostics, cryogenics and 66,128 66,128 + experimental support............... + Pulsed power inertial confinement 8,571 8,571 + fusion............................. + Joint program in high energy density 12,000 12,000 + laboratory plasmas................. + Facility operations and target 338,247 343,247 + production......................... + Program increase.................. [5,000] + Total, Inertial confinement fusion and 480,595 485,595 + high yield........................... + + Advanced simulation and computing + Advanced simulation and computing... 789,849 789,849 + Construction: + 18-D-620, Exascale Computing 50,000 50,000 + Facility Modernization Project, + LLNL............................. + Total, Construction................. 50,000 50,000 + Total, Advanced simulation and 839,849 839,849 + computing............................ + + Advanced manufacturing + Additive manufacturing.............. 18,500 18,500 + Component manufacturing development. 48,410 52,000 + UFR list--technology maturation... [3,590] + Process technology development...... 69,998 69,998 + Total, Advanced manufacturing......... 136,908 140,498 + Total, RDT&E............................ 2,277,867 2,327,257 + + Infrastructure and operations + Operations of facilities.............. 905,000 905,000 + Safety and environmental operations... 119,000 119,000 + Maintenance and repair of facilities.. 456,000 456,000 + Recapitalization: + Infrastructure and safety........... 447,657 447,657 + Capability based investments........ 135,341 135,341 + Total, Recapitalization............... 582,998 582,998 + + Construction: + 19-D-670, 138kV Power Transmission 6,000 6,000 + System Replacement, NNSS........... + 18-D-690, Lithium Processing 32,000 32,000 + Facility, Y-12 (formerly Lithium + Production Capability, Y-12)....... + 18-D-650, Tritium Finishing 27,000 27,000 + Facility, SRS...................... + 17-D-640, U1a Complex Enhancements 35,000 35,000 + Project, NNSS...................... + 15-D-612, Emergency Operations 5,000 5,000 + Center, LLNL....................... + 15-D-611, Emergency Operations 4,000 4,000 + Center, SNL........................ + 15-D-301, HE Science & Engineering 123,000 123,000 + Facility, PX....................... + 06-D-141 Uranium processing facility 745,000 745,000 + Y-12, Oak Ridge, TN................ + 04-D-125, Chemistry and Metallurgy 168,444 168,444 + Research Replacement Project, LANL. + Total, Construction................... 1,145,444 1,145,444 + Total, Infrastructure and operations.... 3,208,442 3,208,442 + + Secure transportation asset + Operations and equipment.............. 209,502 209,502 + Program direction..................... 107,660 107,660 + Total, Secure transportation asset...... 317,162 317,162 + + Defense nuclear security + Operations and maintenance............ 778,213 765,000 + Excess to need...................... [-13,213] + Total, Defense nuclear security......... 778,213 765,000 + + Information technology and cybersecurity 309,362 309,362 + + Legacy contractor pensions.............. 91,200 91,200 +Total, Weapons Activities................. 12,408,603 12,444,780 + + +Defense Nuclear Nonproliferation + Defense Nuclear Nonproliferation + Programs + Global material security + International nuclear security...... 48,839 48,839 + Domestic radiological security...... 90,513 90,513 + International radiological security. 60,827 78,907 + Secure additional radiologic [18,080] + materials........................ + Nuclear smuggling detection and 142,171 142,171 + deterrence......................... + Total, Global material security....... 342,350 360,430 + + Material management and minimization + HEU reactor conversion.............. 114,000 99,000 + Program decrease.................. [-15,000] + Nuclear material removal............ 32,925 32,925 + Material disposition................ 186,608 186,608 + Total, Material management & 333,533 318,533 + minimization......................... + + Nonproliferation and arms control..... 137,267 137,267 + Defense nuclear nonproliferation R&D.. 495,357 499,789 + Additional verification and [4,432] + detection effort................... + Nonproliferation Construction: + 18-D-150 Surplus Plutonium 79,000 79,000 + Disposition Project................ + 99-D-143 Mixed Oxide (MOX) Fuel 220,000 220,000 + Fabrication Facility, SRS.......... + Low-enriched uranium research and 0 20,000 + development.......................... + Program increase.................... [20,000] + Total, Nonproliferation construction.. 299,000 299,000 + Total, Defense Nuclear Nonproliferation 1,607,507 1,635,019 + Programs............................... + + Legacy contractor pensions.............. 13,700 13,700 + Nuclear counterterrorism and incident 372,095 372,095 + response program....................... + DPRK phased denuclearization long-term 0 + monitoring and verification............ +Total, Defense Nuclear Nonproliferation... 1,993,302 2,020,814 + + +Naval Reactors + Naval reactors development.............. 531,205 516,205 + Unjustified growth.................... [-15,000] + Columbia-Class reactor systems 75,500 75,500 + development............................ + S8G Prototype refueling................. 155,000 155,000 + Naval reactors operations and 553,591 553,591 + infrastructure......................... + Construction: + 20-D-931, KL Fuel Development 23,700 23,700 + Laboratory........................... + 19-D-930, KS Overhead Piping.......... 20,900 20,900 + 14-D-901 Spent fuel handling 238,000 238,000 + recapitalization project, NRF........ + Total, Construction..................... 282,600 282,600 + Program direction....................... 50,500 50,500 +Total, Naval Reactors..................... 1,648,396 1,633,396 + + +Federal Salaries And Expenses + Program direction....................... 434,699 434,699 +Total, Office Of The Administrator........ 434,699 434,699 + + +Defense Environmental Cleanup + Closure sites: + Closure sites administration.......... 4,987 4,987 + + Richland: + River corridor and other cleanup 139,750 139,750 + operations........................... + Central plateau remediation........... 472,949 522,949 + Program increase.................... [50,000] + Richland community and regulatory 5,121 5,121 + support.............................. + Construction: + 18-D-404 WESF Modifications and 11,000 11,000 + Capsule Storage.................... + Total, Construction................... 11,000 11,000 + Total, Hanford site..................... 628,820 678,820 + + Office of River Protection: + Waste Treatment Immobilization Plant 15,000 15,000 + Commissioning........................ + Rad liquid tank waste stabilization 677,460 705,460 + and disposition...................... + Program increase.................... [28,000] + Construction: + 18-D-16 Waste treatment and 640,000 640,000 + immobilization plant--LBL/Direct + feed LAW........................... + 01-D-16 D, High-level waste facility 30,000 25,000 + Program decrease.................. [-5,000] + 01-D-16 E--Pretreatment Facility.... 20,000 15,000 + Program decrease.................. [-5,000] + Total, Construction................... 690,000 680,000 + + ORP Low-level waste offsite disposal.. 10,000 10,000 + + Total, Office of River Protection....... 1,392,460 1,410,460 + + Idaho National Laboratory: + Idaho cleanup and waste disposition... 331,354 331,354 + Idaho community and regulatory support 3,500 3,500 + Total, Idaho National Laboratory........ 334,854 334,854 + + NNSA sites and Nevada off-sites + Lawrence Livermore National Laboratory 1,727 1,727 + LLNL Excess facilities D&D............ 128,000 55,000 + Program decrease.................... [-73,000] + Nuclear facility D & D + Separations Process Research Unit... 15,300 15,300 + Nevada.............................. 60,737 60,737 + Sandia National Laboratories........ 2,652 2,652 + Los Alamos National Laboratory...... 195,462 195,462 + Total, NNSA sites and Nevada off-sites.. 403,878 330,878 + + Oak Ridge Reservation: + OR Nuclear facility D & D............. 93,693 93,693 + Total, OR Nuclear facility D & D...... 93,693 93,693 + + U233 Disposition Program.............. 45,000 45,000 + + OR cleanup and waste disposition + OR cleanup and disposition.......... 82,000 82,000 + Construction: + 17-D-401 On-site waste disposal 15,269 10,000 + facility......................... + Program decrease................ [-5,269] + 14-D-403 Outfall 200 Mercury 49,000 49,000 + Treatment Facility............... + Total, Construction................. 64,269 59,000 + Total, OR cleanup and waste 146,269 141,000 + disposition.......................... + + OR community & regulatory support..... 4,819 4,819 + OR technology development and 3,000 3,000 + deployment........................... + Total, Oak Ridge Reservation............ 292,781 287,512 + + Savannah River Sites: + Savannah River risk management + operations + Savannah River risk management 490,613 515,613 + operations......................... + Construction: + 18-D-402, Emergency Operations 6,792 6,792 + Center........................... + Total, risk management operations..... 497,405 522,405 + + SR community and regulatory support... 4,749 11,249 + Radioactive liquid tank waste 797,706 797,706 + stabilization and disposition...... + Construction: + 20-D-402 Advanced Manufacturing 50,000 50,000 + Collaborative Facility (AMC)..... + 20-D-401 Saltstone Disposal Unit 500 500 + #10, 11, 12...................... + 19-D-701 SR Security sytem 0 + replacement...................... + 18-D-402 Saltstone Disposal Unit 51,750 51,750 + #8/9............................. + 17-D-402 Saltstone Disposal Unit 40,034 40,034 + #7............................... + 05-D-405 Salt waste processing 20,988 20,988 + facility, Savannah River Site.... + Total, Construction................. 163,272 163,272 + Total, Savannah River site.............. 1,463,132 1,494,632 + + Waste Isolation Pilot Plant + Waste Isolation Pilot Plant........... 299,088 299,088 + Construction: + 15-D-411 Safety significant 58,054 58,054 + confinement ventilation system, + WIPP............................... + 15-D-412 Exhaust shaft, WIPP........ 34,500 34,500 + Total, Construction................... 92,554 92,554 + Total, Waste Isolation Pilot Plant...... 391,642 391,642 + + Program direction....................... 278,908 278,908 + Program support......................... 12,979 12,979 + Safeguards and Security + Safeguards and Security............... 317,622 317,622 + Total, Safeguards and Security.......... 317,622 317,622 + + Use of prior year balances.............. -15,562 -15,562 +Total, Defense Environmental Cleanup...... 5,506,501 5,527,732 + +Other Defense Activities + Environment, health, safety and security + Environment, health, safety and 139,628 139,628 + security............................. + Program direction..................... 72,881 72,881 + Total, Environment, Health, Safety and 212,509 212,509 + Security............................... + + Independent enterprise assessments + Independent enterprise assessments.... 24,068 24,068 + Program direction..................... 57,211 54,711 + Non-defense function realignment.... [-2,500] + Total, Independent enterprise 81,279 78,779 + assessments............................ + + Specialized security activities......... 254,578 254,578 + Office of Legacy Management + Legacy management..................... 283,767 142,767 + Program decrease.................... [-141,000] + Program direction..................... 19,262 19,262 + Total, Office of Legacy Management...... 303,029 162,029 + + Defense related administrative support + Chief financial officer............... 54,538 54,538 + Chief information officer............. 124,554 118,554 + Program decrease.................... [-6,000] + Total, Defense related administrative 179,092 173,092 + support................................ + + Office of Hearings and Appeals.......... 4,852 4,852 +Subtotal, Other Defense Activities........ 1,035,339 885,839 +Total, Other Defense Activities........... 1,035,339 885,839 + + +Defense Nuclear Waste Disposal + Yucca Mountain and interim storage...... 26,000 0 + Program cut........................... 0 [-26,000] +Total, Defense Nuclear Waste Disposal..... 26,000 0 +------------------------------------------------------------------------ - PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING -SEC. 8551. INTERAGENCY WORKING GROUP ON IUU FISHING. + DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, + AND 2020 - (a) In General.--There is established a collaborative interagency -working group on maritime security and IUU fishing (referred to in this -subtitle as the ``Working Group''). - (b) Members.--The members of the Working Group shall be composed -of-- - (1) 1 chair, who shall rotate between the Coast Guard, the - Department of State, and the National Oceanographic and - Atmospheric Administration on a 3-year term; - (2) 2 deputy chairs, who shall be appointed by their - respective agency heads and shall be from a different - Department than that of the chair, from-- - (A) the Coast Guard; - (B) the Department of State; and - (C) the National Oceanic and Atmospheric - Administration; - (3) 11 members, who shall be appointed by their respective - agency heads, from-- - (A) the Department of Defense; - (B) the United States Navy; - (C) the United States Agency for International - Development; - (D) the United States Fish and Wildlife Service; - (E) the Department of Justice; - (F) the Department of the Treasury; - (G) U.S. Customs and Border Protection; - (H) U.S. Immigration and Customs Enforcement; - (I) the Federal Trade Commission; - (J) the Department of Agriculture; - (K) the Food and Drug Administration; and - (L) the Department of Labor; - (4) 5 members, who shall be appointed by the President, - from-- - (A) the National Security Council; - (B) the Council on Environmental Quality; - (C) the Office of Management and Budget; - (D) the Office of Science and Technology Policy; - and - (E) the Office of the United States Trade - Representative. - (c) Responsibilities.--The Working Group shall ensure an -integrated, Federal Government-wide response to IUU fishing globally, -including by-- - (1) improving the coordination of Federal agencies to - identify, interdict, investigate, prosecute, and dismantle IUU - fishing operations and organizations perpetrating and knowingly - benefitting from IUU fishing; - (2) assessing areas for increased interagency information - sharing on matters related to IUU fishing and related crimes; - (3) establishing standards for information sharing related - to maritime enforcement; - (4) developing a strategy to determine how military assets - and intelligence can contribute to enforcement strategies to - combat IUU fishing; - (5) increasing maritime domain awareness relating to IUU - fishing and related crimes and developing a strategy to - leverage awareness for enhanced enforcement and prosecution - actions against IUU fishing; - (6) supporting the adoption and implementation of the Port - State Measures Agreement in relevant countries and assessing - the capacity and training needs in such countries; - (7) outlining a strategy to coordinate, increase, and use - shiprider agreements between the Department of Defense or the - Coast Guard and relevant countries; - (8) enhancing cooperation with partner governments to - combat IUU fishing; - (9) identifying opportunities for increased information - sharing between Federal agencies and partner governments - working to combat IUU fishing; - (10) consulting and coordinating with the seafood industry - and nongovernmental stakeholders that work to combat IUU - fishing; - (11) supporting the work of collaborative international - initiatives to make available certified data from state - authorities about vessel and vessel-related activities related - to IUU fishing; - (12) supporting the identification and certification - procedures to address IUU fishing in accordance with the High - Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. - 1826d et seq.); and - (13) publishing annual reports summarizing nonsensitive - information about the Working Group's efforts to investigate, - enforce, and prosecute groups and individuals engaging in IUU - fishing. - -SEC. 8552. STRATEGIC PLAN. +SECTION 5001. SHORT TITLE. + This division may be cited as the ``Damon Paul Nelson and Matthew +Young Pollard Intelligence Authorization Act for Fiscal Years 2018, +2019, and 2020''. +SEC. 5002. SUBDIVISIONS AND TABLE OF CONTENTS. + (a) Divisions.--This division is organized into two subdivisions as +follows: + (1) Subdivision 1--Intelligence Authorizations for Fiscal Year + 2020. + (2) Subdivision 2--Intelligence Authorizations for Fiscal Years + 2018 and 2019. + (b) Table of Contents.--The table of contents for this division is +as follows: - (a) Strategic Plan.--Not later than 2 years after the date of the -enactment of this title, the Working Group, after consultation with the -relevant stakeholders, shall submit to the Committee on Commerce, -Science, and Transportation of the Senate, the Committee on Foreign -Relations of the Senate, the Committee on Appropriations of the Senate, -the Committee on Natural Resources of the House of Representatives, the -Committee on Foreign Affairs of the House of Representatives, and the -Committee on Appropriations of the House of Representatives a 5-year -integrated strategic plan on combating IUU fishing and enhancing -maritime security, including specific strategies with monitoring -benchmarks for addressing IUU fishing in priority regions. - (b) Identification of Priority Regions and Priority Flag States.-- - (1) In general.--The strategic plan submitted under - subsection (a) shall identify priority regions and priority - flag states to be the focus of assistance coordinated by the - Working Group under section 8551. - (2) Priority region selection criteria.--In selecting - priority regions under paragraph (1), the Working Group shall - select regions that-- - (A) are at high risk for IUU fishing activity or - the entry of illegally caught seafood into their - markets; and - (B) lack the capacity to fully address the issues - described in subparagraph (A). - (3) Priority flag states selection criteria.--In selecting - priority flag states under paragraph (1), the Working Group - shall select countries-- - (A) the flagged vessels of which actively engage - in, knowingly profit from, or are complicit in IUU - fishing; and - (B) that lack the capacity to police their fleet. - -SEC. 8553. REPORTS. +DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, AND + 2020 - Not later than 5 years after the submission of the 5-year -integrated strategic plan under section 8552, and 5 years after, the -Working Group shall submit a report to the Committee on Commerce, -Science, and Transportation of the Senate, the Committee on Foreign -Relations of the Senate, the Committee on Appropriations of the Senate, -the Committee on the Judiciary of the Senate, the Select Committee on -Intelligence of the Senate, the Committee on Agriculture, Nutrition, -and Forestry of the Senate, the Committee on Natural Resources of the -House of Representatives, the Committee on Foreign Affairs of the House -of Representatives, and the Committee on Appropriations of the House of -Representatives that contains-- - (1) a summary of global and regional trends in IUU fishing; - (2) an assessment of the extent of the convergence between - transnational organized illegal activity, including human - trafficking and forced labor, and IUU fishing; - (3) an assessment of the topics, data sources, and - strategies that would benefit from increased information - sharing and recommendations regarding harmonization of data - collection and sharing; - (4) an assessment of assets, including military assets and - intelligence, which can be used for either enforcement - operations or strategies to combat IUU fishing; - (5) summaries of the situational threats with respect to - IUU fishing in priority regions and an assessment of the - capacity of countries within such regions to respond to those - threats; - (6) an assessment of the progress of countries in priority - regions in responding to those threats as a result of - assistance by the United States pursuant to the strategic plan - developed under section 8552, including-- - (A) the identification of-- - (i) relevant supply routes, ports of call, - methods of landing and entering illegally - caught product into legal supply chains, and - financial institutions used in each country by - participants engaging in IUU fishing; and - (ii) indicators of IUU fishing that are - related to money laundering; - (B) an assessment of the adherence to, or progress - toward adoption of, international treaties related to - IUU fishing, including the Port State Measures - Agreement, by countries in priority regions; - (C) an assessment of the implementation by - countries in priority regions of seafood traceability - or capacity to apply traceability to verify the - legality of catch and strengthen fisheries management; - (D) an assessment of the capacity of countries in - priority regions to implement shiprider agreements; - (E) an assessment of the capacity of countries in - priority regions to increase maritime domain awareness; - and - (F) an assessment of the capacity of governments of - relevant countries in priority regions to sustain the - programs for which the United States has provided - assistance under this subtitle; - (7) an assessment of the capacity of priority flag states - to track the movement of and police their fleet, prevent their - flagged vessels from engaging in IUU fishing, and enforce - applicable laws and regulations; and - (8) an assessment of the extent of involvement in IUU - fishing of organizations designated as foreign terrorist - organizations under section 219 of the Immigration and - Nationality Act (8 U.S.C. 1189). - -SEC. 8554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP. +Sec. 5001. Short title. +Sec. 5002. Subdivisions and table of contents. +Sec. 5003. Definitions. - (a) In General.--Not later than 90 days after the date of the -enactment of this title, the Administrator of the National Oceanic and -Atmospheric Administration, in coordination with the Coast Guard and -the Department of State, shall establish a subworking group to address -IUU fishing in the exclusive economic zone of the United States in the -Gulf of Mexico. - (b) Functions.--The subworking group established under subsection -(a) shall identify-- - (1) Federal actions taken and policies established during - the 5-year period immediately preceding the date of the - enactment of this title with respect to IUU fishing in the - exclusive economic zone of the United States in the Gulf of - Mexico, including such actions and policies related to-- - (A) the surveillance, interdiction, and prosecution - of any foreign nationals engaged in such fishing; and - (B) the application of the provisions of the High - Seas Driftnet Fishing Moratorium Protection Act (16 - U.S.C. 1826d et seq.) to any relevant nation, including - the status of any past or ongoing consultations and - certification procedures; - (2) actions and policies, in addition to the actions and - policies described in paragraph (1), each of the Federal - agencies described in subsection (a) can take, using existing - resources, to combat IUU fishing in the exclusive economic zone - of the United States in the Gulf of Mexico; and - (3) any additional authorities that could assist each such - agency in more effectively addressing such IUU fishing. - (c) Report.--Not later than 1 year after the IUU Fishing Subworking -Group is established under subsection (a), the group shall submit a -report to the Committee on Commerce, Science, and Transportation of the -Senate and the Committee on Natural Resources of the House of -Representatives that contains-- - (1) the findings identified pursuant to subsection (b); and - (2) a timeline for each of the Federal agencies described - in subsection (a) to implement each action or policy identified - pursuant to subsection (b)(2). + Subdivision 1--Intelligence Authorizations for Fiscal Year 2020 - PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING - AND PROCESSING OF SEAFOOD PRODUCTS +Sec. 5100. Table of contents. -SEC. 8561. FINDING. + TITLE LI--INTELLIGENCE ACTIVITIES - Congress finds that human trafficking, including forced labor, is a -pervasive problem in the catching and processing of certain seafood -products imported into the United States, particularly seafood products -obtained through illegal, unreported, and unregulated fishing. +Sec. 5101. Authorization of appropriations. +Sec. 5102. Classified schedule of authorizations. +Sec. 5103. Intelligence community management account. -SEC. 8562. ADDING THE SECRETARY OF COMMERCE TO THE INTERAGENCY TASK - FORCE TO MONITOR AND COMBAT TRAFFICKING. + TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM - Section 105(b) of the Victims of Trafficking and Violence -Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting -``the Secretary of Commerce,'' after ``the Secretary of Education,''. +Sec. 5201. Authorization of appropriations. -SEC. 8563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN REPORT. + TITLE LIII--INTELLIGENCE COMMUNITY MATTERS - (a) In General.--Not later than 1 year after the date of the -enactment of this title, the Secretary of State and the Administrator -of the National Oceanic and Atmospheric Administration shall jointly -submit a report to the Committee on Commerce, Science, and -Transportation of the Senate, the Committee on Foreign Relations of the -Senate, the Committee on Appropriations of the Senate, the Committee on -Natural Resources of the House of Representatives, the Committee on -Foreign Affairs of the House of Representatives, and the Committee on -Appropriations of the House of Representatives that describes the -existence of human trafficking, including forced labor, in the supply -chains of seafood products imported into the United States. - (b) Report Elements.--The report required under subsection (a) -shall include-- - (1) a list of the countries at risk for human trafficking, - including forced labor, in their seafood catching and - processing industries, and an assessment of such risk for each - listed country; - (2) a description of the quantity and economic value of - seafood products imported into the United States from the - countries on the list compiled pursuant to paragraph (1); - (3) a description and assessment of the methods, if any, in - the countries on the list compiled pursuant to paragraph (1) to - trace and account for the manner in which seafood is caught; - (4) a description of domestic and international enforcement - mechanisms to deter illegal practices in the catching of - seafood in the countries on the list compiled pursuant to - paragraph (1); and - (5) such recommendations as the Secretary of State and the - Administrator of the National Oceanic and Atmospheric - Administration jointly consider appropriate for legislative or - administrative action to enhance and improve actions against - human trafficking, including forced labor, in the catching and - processing of seafood products outside of United States waters. + Subtitle A--General Intelligence Community Matters - PART IV--AUTHORIZATION OF APPROPRIATIONS +Sec. 5301. Restriction on conduct of intelligence activities. +Sec. 5302. Increase in employee compensation and benefits authorized by + law. +Sec. 5303. Expansion of scope of protections for identities of covert + agents. +Sec. 5304. Required counterintelligence assessments, briefings, + notifications, and reports. +Sec. 5305. Inclusion of security risks in program management plans + required for acquisition of major systems in National + Intelligence Program. +Sec. 5306. Intelligence community public-private talent exchange. +Sec. 5307. Assessment of contracting practices to identify certain + security and counterintelligence concerns. + + Subtitle B--Office of the Director of National Intelligence + +Sec. 5321. Establishment of Climate Security Advisory Council. +Sec. 5322. Foreign Malign Influence Response Center. +Sec. 5323. Encouragement of cooperative actions to detect and counter + foreign influence operations. +Sec. 5324. Transfer of National Intelligence University to the Office of + the Director of National Intelligence. + + Subtitle C--Inspector General of the Intelligence Community + +Sec. 5331. Definitions. +Sec. 5332. Inspector General external review panel. +Sec. 5333. Harmonization of whistleblower processes and procedures. +Sec. 5334. Oversight by Inspector General of the Intelligence Community + over intelligence community whistleblower matters. +Sec. 5335. Report on cleared whistleblower attorneys. + + Subtitle D--Central Intelligence Agency + +Sec. 5341. Clarification of certain authority of the Central + Intelligence Agency. + + TITLE LIV--SECURITY CLEARANCES + +Sec. 5401. Improving visibility into the security clearance process. +Sec. 5402. Making certain policies and execution plans relating to + personnel clearances available to industry partners. + + TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES + + Subtitle A--Matters Relating to Russia + +Sec. 5501. Annual reports on influence operations and campaigns in the + United States by the Russian Federation. +Sec. 5502. Assessment of legitimate and illegitimate financial and other + assets of Vladimir Putin. +Sec. 5503. Assessments of intentions of political leadership of the + Russian Federation. + + Subtitle B--Matters Relating to China + +Sec. 5511. Annual reports on influence operations and campaigns in the + United States by the Communist Party of China. +Sec. 5512. Report on repression of ethnic Muslim minorities in the + Xinjiang region of the People's Republic of China. +Sec. 5513. Report on efforts by People's Republic of China to influence + election in Taiwan. + + Subtitle C--Matters Relating to Other Countries + +Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and + Lebanon. +Sec. 5522. Assessments regarding the Northern Triangle and Mexico. + + TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM + +Sec. 5601. Definitions. +Sec. 5602. Strategic intelligence assessment of and reports on domestic + terrorism. + + TITLE LVII--REPORTS AND OTHER MATTERS + + Subtitle A--Reports and Briefings + +Sec. 5701. Modification of requirements for submission to Congress of + certain reports. +Sec. 5702. Increased transparency regarding counterterrorism budget of + the United States. +Sec. 5703. Study on role of retired and former personnel of intelligence + community with respect to certain foreign intelligence + operations. +Sec. 5704. Collection, analysis, and dissemination of workforce data. +Sec. 5705. Plan for strengthening the supply chain intelligence + function. +Sec. 5706. Comprehensive economic assessment of investment in key United + States technologies by companies or organizations linked to + China. +Sec. 5707. Report by Director of National Intelligence on fifth- + generation wireless network technology. +Sec. 5708. Report on use by intelligence community of facial recognition + technology. +Sec. 5709. Report on deepfake technology, foreign weaponization of + deepfakes, and related notifications. +Sec. 5710. Annual report by Comptroller General of the United States on + cybersecurity and surveillance threats to Congress. +Sec. 5711. Analysis of and periodic briefings on major initiatives of + intelligence community in artificial intelligence and machine + learning. +Sec. 5712. Report on best practices to protect privacy and civil + liberties of Chinese Americans. +Sec. 5713. Oversight of foreign influence in academia. +Sec. 5714. Report on death of Jamal Khashoggi. +Sec. 5715. Report on terrorist screening database. +Sec. 5716. Report containing threat assessment on terrorist use of + conventional and advanced conventional weapons. +Sec. 5717. Assessment of homeland security vulnerabilities associated + with certain retired and former personnel of the intelligence + community. +Sec. 5718. Study on feasibility and advisability of establishing + Geospatial-Intelligence Museum and learning center. + + Subtitle B--Other Matters + +Sec. 5721. Whistleblower disclosures to Congress and committees of + Congress. +Sec. 5722. Task force on illicit financing of espionage and foreign + influence operations. +Sec. 5723. Establishment of fifth-generation technology prize + competition. +Sec. 5724. Establishment of deepfakes prize competition. +Sec. 5725. Identification of and countermeasures against certain + International Mobile Subscriber Identity-catchers. +Sec. 5726. Securing energy infrastructure. + + Subdivision 2--Intelligence Authorizations for Fiscal Years 2018 and + 2019 + +Sec. 6100. Table of contents. + + TITLE LXI--INTELLIGENCE ACTIVITIES + +Sec. 6101. Authorization of appropriations. +Sec. 6102. Intelligence Community Management Account. + +TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM + +Sec. 6201. Authorization of appropriations. +Sec. 6202. Computation of annuities for employees of the Central + Intelligence Agency. + + TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS + +Sec. 6301. Restriction on conduct of intelligence activities. +Sec. 6302. Increase in employee compensation and benefits authorized by + law. +Sec. 6303. Modification of special pay authority for science, + technology, engineering, or mathematics positions and addition + of special pay authority for cyber positions. +Sec. 6304. Modification of appointment of Chief Information Officer of + the Intelligence Community. +Sec. 6305. Director of National Intelligence review of placement of + positions within the intelligence community on the Executive + Schedule. +Sec. 6306. Supply Chain and Counterintelligence Risk Management Task + Force. +Sec. 6307. Consideration of adversarial telecommunications and + cybersecurity infrastructure when sharing intelligence with + foreign governments and entities. +Sec. 6308. Cyber protection support for the personnel of the + intelligence community in positions highly vulnerable to cyber + attack. +Sec. 6309. Elimination of sunset of authority relating to management of + supply-chain risk. +Sec. 6310. Limitations on determinations regarding certain security + classifications. +Sec. 6311. Joint Intelligence Community Council. +Sec. 6312. Intelligence community information technology environment. +Sec. 6313. Report on development of secure mobile voice solution for + intelligence community. +Sec. 6314. Policy on minimum insider threat standards. +Sec. 6315. Submission of intelligence community policies. +Sec. 6316. Expansion of intelligence community recruitment efforts. + + TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY + + Subtitle A--Office of the Director of National Intelligence + +Sec. 6401. Authority for protection of current and former employees of + the Office of the Director of National Intelligence. +Sec. 6402. Designation of the program manager-information-sharing + environment. +Sec. 6403. Technical modification to the executive schedule. +Sec. 6404. Chief Financial Officer of the Intelligence Community. +Sec. 6405. Chief Information Officer of the Intelligence Community. + + Subtitle B--Central Intelligence Agency + +Sec. 6411. Central Intelligence Agency subsistence for personnel + assigned to austere locations. +Sec. 6412. Special rules for certain monthly workers' compensation + payments and other payments for Central Intelligence Agency + personnel. +Sec. 6413. Expansion of security protective service jurisdiction of the + Central Intelligence Agency. +Sec. 6414. Repeal of foreign language proficiency requirement for + certain senior level positions in the Central Intelligence + Agency. + +Subtitle C--Office of Intelligence and Counterintelligence of Department + of Energy + +Sec. 6421. Consolidation of Department of Energy Offices of Intelligence + and Counterintelligence. +Sec. 6422. Repeal of Department of Energy Intelligence Executive + Committee and budget reporting requirement. -SEC. 8571. AUTHORIZATION OF APPROPRIATIONS. + Subtitle D--Other Elements - (a) Funding.--Amounts made available to carry out this subtitle -shall be derived from amounts appropriated or otherwise made available -to the relevant agencies and departments. - (b) No Increase in Contributions.--Nothing in this subtitle shall -be construed to authorize an increase in required or voluntary -contributions paid by the United States to any multilateral or -international organization. +Sec. 6431. Plan for designation of counterintelligence component of + Defense Security Service as an element of intelligence + community. +Sec. 6432. Notice not required for private entities. +Sec. 6433. Establishment of advisory board for National Reconnaissance + Office. +Sec. 6434. Collocation of certain Department of Homeland Security + personnel at field locations. + + TITLE LXV--ELECTION MATTERS + +Sec. 6501. Report on cyber attacks by foreign governments against United + States election infrastructure. +Sec. 6502. Review of intelligence community's posture to collect against + and analyze Russian efforts to influence the Presidential + election. +Sec. 6503. Assessment of foreign intelligence threats to Federal + elections. +Sec. 6504. Strategy for countering Russian cyber threats to United + States elections. +Sec. 6505. Assessment of significant Russian influence campaigns + directed at foreign elections and referenda. +Sec. 6506. Information sharing with State election officials. +Sec. 6507. Notification of significant foreign cyber intrusions and + active measures campaigns directed at elections for Federal + offices. +Sec. 6508. Designation of counterintelligence officer to lead election + security matters. + + TITLE LXVI--SECURITY CLEARANCES + +Sec. 6601. Definitions. +Sec. 6602. Reports and plans relating to security clearances and + background investigations. +Sec. 6603. Improving the process for security clearances. +Sec. 6604. Goals for promptness of determinations regarding security + clearances. +Sec. 6605. Security Executive Agent. +Sec. 6606. Report on unified, simplified, Governmentwide standards for + positions of trust and security clearances. +Sec. 6607. Report on clearance in person concept. +Sec. 6608. Reports on reciprocity for security clearances inside of + departments and agencies. +Sec. 6609. Intelligence community reports on security clearances. +Sec. 6610. Periodic report on positions in the intelligence community + that can be conducted without access to classified + information, networks, or facilities. +Sec. 6611. Information-sharing program for positions of trust and + security clearances. +Sec. 6612. Report on protections for confidentiality of whistleblower- + related communications. +Sec. 6613. Reports on costs of security clearance background + investigations. + + TITLE LXVII--REPORTS AND OTHER MATTERS + + Subtitle A--Matters Relating to Russia and Other Foreign Powers + +Sec. 6701. Limitation relating to establishment or support of + cybersecurity unit with the Russian Federation. +Sec. 6702. Assessment of threat finance relating to Russia. +Sec. 6703. Notification of an active measures campaign. +Sec. 6704. Notification of travel by accredited diplomatic and consular + personnel of the Russian Federation in the United States. +Sec. 6705. Report and annual briefing on Iranian expenditures supporting + foreign military and terrorist activities. +Sec. 6706. Expansion of scope of committee to counter active measures. + + Subtitle B--Reports + +Sec. 6711. Technical correction to Inspector General study. +Sec. 6712. Reports on authorities of the Chief Intelligence Officer of + the Department of Homeland Security. +Sec. 6713. Review of intelligence community whistleblower matters. +Sec. 6714. Report on role of Director of National Intelligence with + respect to certain foreign investments. +Sec. 6715. Report on surveillance by foreign governments against United + States telecommunications networks. +Sec. 6716. Biennial report on foreign investment risks. +Sec. 6717. Modification of certain reporting requirement on travel of + foreign diplomats. +Sec. 6718. Semiannual reports on investigations of unauthorized + disclosures of classified information. +Sec. 6719. Congressional notification of designation of covered + intelligence officer as persona non grata. +Sec. 6720. Reports on intelligence community participation in + vulnerabilities equities process of Federal Government. +Sec. 6721. Inspectors General reports on classification. +Sec. 6722. Reports and briefings on national security effects of global + water insecurity and emerging infectious disease and + pandemics. +Sec. 6723. Annual report on memoranda of understanding between elements + of intelligence community and other entities of the United + States Government regarding significant operational activities + or policy. +Sec. 6724. Study on the feasibility of encrypting unclassified wireline + and wireless telephone calls. +Sec. 6725. Reports on intelligence community loan repayment and related + programs. +Sec. 6726. Repeal of certain reporting requirements. +Sec. 6727. Inspector General of the Intelligence Community report on + senior executives of the Office of the Director of National + Intelligence. +Sec. 6728. Briefing on Federal Bureau of Investigation offering + permanent residence to sources and cooperators. +Sec. 6729. Intelligence assessment of North Korea revenue sources. +Sec. 6730. Report on possible exploitation of virtual currencies by + terrorist actors. + + Subtitle C--Other Matters + +Sec. 6741. Public Interest Declassification Board. +Sec. 6742. Technical and clerical amendments to the National Security + Act of 1947. +Sec. 6743. Bug bounty programs. +Sec. 6744. Technical amendments related to the Department of Energy. +Sec. 6745. Sense of Congress on notification of certain disclosures of + classified information. +Sec. 6746. Sense of Congress on consideration of espionage activities + when considering whether or not to provide visas to foreign + individuals to be accredited to a United Nations mission in + the United States. +Sec. 6747. Sense of Congress on WikiLeaks. +SEC. 5003. DEFINITIONS. + In this division: + (1) Congressional intelligence committees.--The term + ``congressional intelligence committees'' has the meaning given + such term in section 3 of the National Security Act of 1947 (50 + U.S.C. 3003). + (2) Intelligence community.--The term ``intelligence + community'' has the meaning given such term in section 3 of the + National Security Act of 1947 (50 U.S.C. 3003). -SEC. 8572. ACCOUNTING OF FUNDS. + SUBDIVISION 1--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020 - By not later than 180 days after the date of enactment of this -title, the head of each Federal agency receiving or allocating funds to -carry out activities under this subtitle shall, to the greatest extent -practicable, prepare and submit to Congress a report that provides an -accounting of all funds made available under this subtitle to the -Federal agency. +SEC. 5100. TABLE OF CONTENTS. + The table of contents for this subdivision is as follows: - DIVISION F--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020 +Sec. 5100. Table of contents. -SEC. 9001. SHORT TITLE. + TITLE LI--INTELLIGENCE ACTIVITIES - This division may be cited as the ``Damon Paul Nelson and Matthew -Young Pollard Intelligence Authorization Act for Fiscal Year 2020''. +Sec. 5101. Authorization of appropriations. +Sec. 5102. Classified schedule of authorizations. +Sec. 5103. Intelligence community management account. -SEC. 9002. DEFINITIONS. + TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM - In this division: - (1) Congressional intelligence committees.--The term - ``congressional intelligence committees'' has the meaning given - such term in section 3 of the National Security Act of 1947 (50 - U.S.C. 3003). - (2) Intelligence community.--The term ``intelligence - community'' has the meaning given such term in such section. +Sec. 5201. Authorization of appropriations. - TITLE XCI--INTELLIGENCE ACTIVITIES + TITLE LIII--INTELLIGENCE COMMUNITY MATTERS -SEC. 9101. AUTHORIZATION OF APPROPRIATIONS. + Subtitle A--General Intelligence Community Matters +Sec. 5301. Restriction on conduct of intelligence activities. +Sec. 5302. Increase in employee compensation and benefits authorized by + law. +Sec. 5303. Expansion of scope of protections for identities of covert + agents. +Sec. 5304. Required counterintelligence assessments, briefings, + notifications, and reports. +Sec. 5305. Inclusion of security risks in program management plans + required for acquisition of major systems in National + Intelligence Program. +Sec. 5306. Intelligence community public-private talent exchange. +Sec. 5307. Assessment of contracting practices to identify certain + security and counterintelligence concerns. + + Subtitle B--Office of the Director of National Intelligence + +Sec. 5321. Establishment of Climate Security Advisory Council. +Sec. 5322. Foreign Malign Influence Response Center. +Sec. 5323. Encouragement of cooperative actions to detect and counter + foreign influence operations. +Sec. 5324. Transfer of National Intelligence University to the Office of + the Director of National Intelligence. + + Subtitle C--Inspector General of the Intelligence Community + +Sec. 5331. Definitions. +Sec. 5332. Inspector General external review panel. +Sec. 5333. Harmonization of whistleblower processes and procedures. +Sec. 5334. Oversight by Inspector General of the Intelligence Community + over intelligence community whistleblower matters. +Sec. 5335. Report on cleared whistleblower attorneys. + + Subtitle D--Central Intelligence Agency + +Sec. 5341. Clarification of certain authority of the Central + Intelligence Agency. + + TITLE LIV--SECURITY CLEARANCES + +Sec. 5401. Improving visibility into the security clearance process. +Sec. 5402. Making certain policies and execution plans relating to + personnel clearances available to industry partners. + + TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES + + Subtitle A--Matters Relating to Russia + +Sec. 5501. Annual reports on influence operations and campaigns in the + United States by the Russian Federation. +Sec. 5502. Assessment of legitimate and illegitimate financial and other + assets of Vladimir Putin. +Sec. 5503. Assessments of intentions of political leadership of the + Russian Federation. + + Subtitle B--Matters Relating to China + +Sec. 5511. Annual reports on influence operations and campaigns in the + United States by the Communist Party of China. +Sec. 5512. Report on repression of ethnic Muslim minorities in the + Xinjiang region of the People's Republic of China. +Sec. 5513. Report on efforts by People's Republic of China to influence + election in Taiwan. + + Subtitle C--Matters Relating to Other Countries + +Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and + Lebanon. +Sec. 5522. Assessments regarding the Northern Triangle and Mexico. + + TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM + +Sec. 5601. Definitions. +Sec. 5602. Strategic intelligence assessment of and reports on domestic + terrorism. + + TITLE LVII--REPORTS AND OTHER MATTERS + + Subtitle A--Reports and Briefings + +Sec. 5701. Modification of requirements for submission to Congress of + certain reports. +Sec. 5702. Increased transparency regarding counterterrorism budget of + the United States. +Sec. 5703. Study on role of retired and former personnel of intelligence + community with respect to certain foreign intelligence + operations. +Sec. 5704. Collection, analysis, and dissemination of workforce data. +Sec. 5705. Plan for strengthening the supply chain intelligence + function. +Sec. 5706. Comprehensive economic assessment of investment in key United + States technologies by companies or organizations linked to + China. +Sec. 5707. Report by Director of National Intelligence on fifth- + generation wireless network technology. +Sec. 5708. Report on use by intelligence community of facial recognition + technology. +Sec. 5709. Report on deepfake technology, foreign weaponization of + deepfakes, and related notifications. +Sec. 5710. Annual report by Comptroller General of the United States on + cybersecurity and surveillance threats to Congress. +Sec. 5711. Analysis of and periodic briefings on major initiatives of + intelligence community in artificial intelligence and machine + learning. +Sec. 5712. Report on best practices to protect privacy and civil + liberties of Chinese Americans. +Sec. 5713. Oversight of foreign influence in academia. +Sec. 5714. Report on death of Jamal Khashoggi. +Sec. 5715. Report on terrorist screening database. +Sec. 5716. Report containing threat assessment on terrorist use of + conventional and advanced conventional weapons. +Sec. 5717. Assessment of homeland security vulnerabilities associated + with certain retired and former personnel of the intelligence + community. +Sec. 5718. Study on feasibility and advisability of establishing + Geospatial-Intelligence Museum and learning center. + + Subtitle B--Other Matters + +Sec. 5721. Whistleblower disclosures to Congress and committees of + Congress. +Sec. 5722. Task force on illicit financing of espionage and foreign + influence operations. +Sec. 5723. Establishment of fifth-generation technology prize + competition. +Sec. 5724. Establishment of deepfakes prize competition. +Sec. 5725. Identification of and countermeasures against certain + International Mobile Subscriber Identity-catchers. +Sec. 5726. Securing energy infrastructure. + + TITLE LI--INTELLIGENCE ACTIVITIES + +SEC. 5101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2020 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: - (1) The Office of the Director of National Intelligence. - (2) The Central Intelligence Agency. - (3) The Department of Defense. - (4) The Defense Intelligence Agency. - (5) The National Security Agency. - (6) The Department of the Army, the Department of the Navy, - and the Department of the Air Force. - (7) The Coast Guard. - (8) The Department of State. - (9) The Department of the Treasury. - (10) The Department of Energy. - (11) The Department of Justice. - (12) The Federal Bureau of Investigation. - (13) The Drug Enforcement Administration. - (14) The National Reconnaissance Office. - (15) The National Geospatial-Intelligence Agency. - (16) The Department of Homeland Security. - -SEC. 9102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. - + (1) The Office of the Director of National Intelligence. + (2) The Central Intelligence Agency. + (3) The Department of Defense. + (4) The Defense Intelligence Agency. + (5) The National Security Agency. + (6) The Department of the Army, the Department of the Navy, and + the Department of the Air Force. + (7) The Coast Guard. + (8) The Department of State. + (9) The Department of the Treasury. + (10) The Department of Energy. + (11) The Department of Justice. + (12) The Federal Bureau of Investigation. + (13) The Drug Enforcement Administration. + (14) The National Reconnaissance Office. + (15) The National Geospatial-Intelligence Agency. + (16) The Department of Homeland Security. +SEC. 5102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. (a) Specifications of Amounts.--The amounts authorized to be -appropriated under section 9101 for the conduct of the intelligence +appropriated under section 5101 for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of -section 9101, are those specified in the classified Schedule of +section 5101, are those specified in the classified Schedule of Authorizations prepared to accompany this division. (b) Availability of Classified Schedule of Authorizations.-- - (1) Availability.--The classified Schedule of - Authorizations referred to in subsection (a) shall be made - available to the Committee on Appropriations of the Senate, the - Committee on Appropriations of the House of Representatives, - and to the President. - (2) Distribution by the president.--Subject to paragraph - (3), the President shall provide for suitable distribution of - the classified Schedule of Authorizations referred to in - subsection (a), or of appropriate portions of such Schedule, - within the executive branch. - (3) Limits on disclosure.--The President shall not publicly - disclose the classified Schedule of Authorizations or any - portion of such Schedule except-- - (A) as provided in section 601(a) of the - Implementing Recommendations of the 9/11 Commission Act - of 2007 (50 U.S.C. 3306(a)); - (B) to the extent necessary to implement the - budget; or - (C) as otherwise required by law. - -SEC. 9103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. - + (1) Availability.--The classified Schedule of Authorizations + referred to in subsection (a) shall be made available to the + Committee on Appropriations of the Senate, the Committee on + Appropriations of the House of Representatives, and to the + President. + (2) Distribution by the president.--Subject to paragraph (3), + the President shall provide for suitable distribution of the + classified Schedule of Authorizations referred to in subsection + (a), or of appropriate portions of such Schedule, within the + executive branch. + (3) Limits on disclosure.--The President shall not publicly + disclose the classified Schedule of Authorizations or any portion + of such Schedule except-- + (A) as provided in section 601(a) of the Implementing + Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. + 3306(a)); + (B) to the extent necessary to implement the budget; or + (C) as otherwise required by law. +SEC. 5103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. (a) Authorization of Appropriations.--There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2020 the sum of -$558,000,000. +$565,637,000. (b) Classified Authorization of Appropriations.--In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2020 such additional amounts as are specified in the -classified Schedule of Authorizations referred to in section 9102(a). - - TITLE XCII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY - SYSTEM +classified Schedule of Authorizations referred to in section 5102(a). -SEC. 9201. AUTHORIZATION OF APPROPRIATIONS. +TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM +SEC. 5201. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2020. - TITLE XCIII--INTELLIGENCE COMMUNITY MATTERS - + TITLE LIII--INTELLIGENCE COMMUNITY MATTERS Subtitle A--General Intelligence Community Matters -SEC. 9301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. - - The authorization of appropriations by this division shall not be -deemed to constitute authority for the conduct of any intelligence +SEC. 5301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. + The authorization of appropriations by this subdivision shall not +be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. - -SEC. 9302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY - LAW. - - Appropriations authorized by this division for salary, pay, +SEC. 5302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY +LAW. + Appropriations authorized by this subdivision for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. - -SEC. 9303. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN - INTELLIGENCE PERSONNEL. - - (a) Definitions.--In this section: - (1) Appropriate committees of congress.--The term - ``appropriate committees of Congress'' means-- - (A) the Select Committee on Intelligence and the - Committee on Armed Services of the Senate; and - (B) the Permanent Select Committee on Intelligence - and the Committee on Armed Services of the House of - Representatives. - (2) Covered elements of the intelligence community.--The - term ``covered elements of the intelligence community'' means - the elements of the intelligence community that are within the - following: - (A) The Department of Energy. - (B) The Department of Homeland Security. - (C) The Department of Justice. - (D) The Department of State. - (E) The Department of the Treasury. - (b) In General.--The Secretary of Defense and the Director of -National Intelligence shall, consistent with Department of Defense -Instruction 1400.25, as in effect on the day before the date of the -enactment of this Act-- - (1) not later than 180 days after the date of the enactment - of this Act, submit to the appropriate committees of Congress a - report that outlines a common methodology for measuring - onboarding in covered elements of the intelligence community, - including human resources and security processes; - (2) not later than 1 year after the date of the enactment - of this Act, issue metrics for assessing key phases in the - onboarding described in paragraph (1) for which results will be - reported by the date that is 90 days after the date of such - issuance; - (3) not later than 180 days after the date of the enactment - of this Act, submit to the appropriate committees of Congress a - report on collaboration among covered elements of the - intelligence community on their onboarding processes; - (4) not later than 180 days after the date of the enactment - of this Act, submit to the appropriate committees of Congress a - report on employment of automated mechanisms in covered - elements of the intelligence community, including for tracking - personnel as they pass through each phase of the onboarding - process; and - (5) not later than December 31, 2020, distribute surveys to - human resources offices and applicants about their experiences - with the onboarding process in covered elements of the - intelligence community. - -SEC. 9304. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT EXCHANGE. - +SEC. 5303. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES OF COVERT +AGENTS. + Section 605(4) of the National Security Act of 1947 (50 U.S.C. +3126(4)) is amended-- + (1) in subparagraph (A)-- + (A) by striking clause (ii); + (B) in clause (i), by striking ``, and'' and inserting ``; + or''; and + (C) by striking ``agency--'' and all that follows through + ``whose identity'' and inserting ``agency whose identity''; and + (2) in subparagraph (B)(i), by striking ``resides and acts + outside the United States'' and inserting ``acts''. +SEC. 5304. REQUIRED COUNTERINTELLIGENCE ASSESSMENTS, BRIEFINGS, +NOTIFICATIONS, AND REPORTS. + (a) Foreign Counterintelligence and Cybersecurity Threats to +Federal Election Campaigns.-- + (1) Reports required.-- + (A) In general.--As provided in subparagraph (B), with + respect to an election for Federal office, the Director of + National Intelligence, in coordination with the Under Secretary + of Homeland Security for Intelligence and Analysis and the + Director of the Federal Bureau of Investigation, shall make + publicly available on an internet website an advisory report on + foreign counterintelligence and cybersecurity threats to + campaigns of candidates for Federal office. Each such report, + consistent with the protection of sources and methods, shall + include the following: + (i) A description of foreign counterintelligence and + cybersecurity threats to campaigns of candidates for + Federal office. + (ii) A summary of best practices that campaigns of + candidates for Federal office can employ in seeking to + counter such threats. + (iii) An identification of publicly available + resources, including United States Government resources, + for countering such threats. + (B) Schedule for submittal.-- + (i) In general.--Except as provided by clause (ii), + with respect to an election for Federal office, a report + under this subsection shall be first made available not + later than the date that is 1 year before the date of such + election, and may be subsequently revised as the Director + of National Intelligence determines appropriate. + (ii) 2020 elections.--With respect to an election for + Federal office that occurs during 2020, the report under + this subsection shall be first made available not later + than the date that is 60 days after the date of the + enactment this Act, and may be subsequently revised as the + Director of National Intelligence determines appropriate. + (C) Information to be included.--A report under this + subsection shall reflect the most current information available + to the Director of National Intelligence regarding foreign + counterintelligence and cybersecurity threats. + (2) Treatment of campaigns subject to heightened threats.--If + the Director of the Federal Bureau of Investigation and the Under + Secretary of Homeland Security for Intelligence and Analysis + jointly determine that a campaign of a candidate for Federal office + is subject to a heightened foreign counterintelligence or + cybersecurity threat, the Director and the Under Secretary, + consistent with the protection of sources and methods, may make + available additional information to the appropriate representatives + of such campaign. + (b) Briefings on Counterintelligence Activities of the Federal +Bureau of Investigation.-- + (1) In general.--Title V of the National Security Act of 1947 + (50 U.S.C. 3091 et seq.), is amended by adding at the end the + following new section: + ``SEC. 512. BRIEFINGS AND NOTIFICATIONS ON COUNTERINTELLIGENCE + ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION. + ``(a) Quarterly Briefings.--In addition to, and without any +derogation of, the requirement under section 501 to keep the +congressional intelligence committees fully and currently informed of +the intelligence and counterintelligence activities of the United +States, not less frequently than once each quarter, or more frequently +if requested by the congressional intelligence committees, the Director +of the Federal Bureau of Investigation shall provide to the +congressional intelligence committees a briefing on the +counterintelligence activities of the Federal Bureau of Investigation. +Such briefings shall include, at a minimum, an overview and update of-- + ``(1) the counterintelligence posture of the Bureau; + ``(2) counterintelligence investigations; and + ``(3) any other information relating to the counterintelligence + activities of the Bureau that the Director determines necessary. + ``(b) Notifications.--In addition to the quarterly briefings under +subsection (a), the Director of the Federal Bureau of Investigation +shall promptly notify the congressional intelligence committees of any +counterintelligence investigation carried out by the Bureau with +respect to any counterintelligence risk or threat that is related to an +election or campaign for Federal office. + ``(c) Guidelines.-- + ``(1) Development and consultation.--The Director shall develop + guidelines governing the scope of the briefings provided under + subsection (a), the notifications provided under subsection (b), + and the information required by section 5304(a)(2) of the Damon + Paul Nelson and Matthew Young Pollard Intelligence Authorization + Act for Fiscal Years 2018, 2019, and 2020. The Director shall + consult the congressional intelligence committees during such + development. + ``(2) Submission.--The Director shall submit to the + congressional intelligence committees-- + ``(A) the guidelines under paragraph (1) upon issuance; and + ``(B) any updates to such guidelines by not later than 15 + days after making such update.''. + (2) Clerical amendment.--The table of contents at the beginning + of such Act is amended by inserting after the item relating to + section 511 the following new item: + +``Sec. 512. Briefings and notifications on counterintelligence + activities of the Federal Bureau of Investigation.''. + + (c) Director of National Intelligence Assessment of Foreign +Interference in Federal Elections.-- + (1) Assessments required.--Not later than 45 days after the end + of a Federal election cycle, the Director of National Intelligence, + in consultation with the heads of such other executive departments + and agencies as the Director considers appropriate, shall-- + (A) conduct an assessment of any information indicating + that a foreign government, or any person acting as an agent of + or on behalf of a foreign government, has acted with the intent + or purpose of interfering in elections for Federal office + occurring during the Federal election cycle; and + (B) transmit the findings of the Director with respect to + the assessment conducted under subparagraph (A), along with + such supporting information as the Director considers + appropriate, to the following: + (i) The President. + (ii) The Secretary of State. + (iii) The Secretary of the Treasury. + (iv) The Secretary of Defense. + (v) The Attorney General. + (vi) The Secretary of Homeland Security. + (vii) Congress. + (2) Elements.--An assessment conducted under paragraph (1)(A), + with respect to an act described in such paragraph, shall identify, + to the maximum extent ascertainable, the following: + (A) The nature of any foreign interference and any methods + employed to execute the act. + (B) The persons involved. + (C) The foreign government or governments that authorized, + directed, sponsored, or supported the act. + (3) Publication.--The Director shall, not later than 60 days + after the end of a Federal election cycle, make available to the + public, to the greatest extent possible consistent with the + protection of sources and methods, the findings transmitted under + paragraph (1)(B). + (4) Federal election cycle defined.--In this section, the term + ``Federal election cycle'' means the period which begins on the day + after the date of a regularly scheduled general election for + Federal office and which ends on the date of the first regularly + scheduled general election for Federal office held after such date. + (5) Effective date.--This subsection shall apply with respect + to the Federal election cycle that began during November 2018, and + each succeeding Federal election cycle. +SEC. 5305. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT PLANS +REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS IN NATIONAL INTELLIGENCE +PROGRAM. + Section 102A(q)(1)(A) of the National Security Act of 1947 (50 +U.S.C. 3024(q)(1)(A)) is amended by inserting ``security risks,'' after +``schedule,''. +SEC. 5306. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT EXCHANGE. (a) Policies, Processes, and Procedures Required.--Not later than 270 days after the date of the enactment of this Act, the Director of National Intelligence shall develop policies, processes, and procedures @@ -41440,123 +53453,115 @@ to facilitate the rotation of personnel of the intelligence community to the private sector, and personnel from the private sector to the intelligence community. (b) Detail Authority.--Under policies developed by the Director -pursuant to subsection (a), with the agreement of a private-sector -organization, and with the consent of the employee, a head of an -element of the intelligence community may arrange for the temporary -detail of an employee of such element to such private-sector +pursuant to subsection (a), pursuant to a written agreement with a +private-sector organization, and with the consent of the employee, a +head of an element of the intelligence community may arrange for the +temporary detail of an employee of such element to such private-sector organization, or from such private-sector organization to such element under this section. (c) Agreements.-- - (1) In general.--A head of an element of the intelligence - community exercising the authority of the head under subsection - (a) shall provide for a written agreement among the element of - the intelligence community, the private-sector organization, - and the employee concerned regarding the terms and conditions - of the employee's detail under this section. The agreement-- - (A) shall require that the employee of the element, - upon completion of the detail, serve in the element, or - elsewhere in the civil service if approved by the head - of the element, for a period of at least equal to the - length of the detail; - (B) shall provide that if the employee of the - element fails to carry out the agreement, such employee - shall be liable to the United States for payment of all - non-salary and benefit expenses of the detail, unless - that failure was for good and sufficient reason, as - determined by the head of the element; - (C) shall contain language informing such employee - of the prohibition on improperly sharing or using non- - public information that such employee may be privy to - or aware of related to element programming, budgeting, - resourcing, acquisition, or procurement for the benefit - or advantage of the private-sector organization; and - (D) shall contain language requiring the employee - to acknowledge the obligations of the employee under - section 1905 of title 18, United States Code (relating - to trade secrets). - (2) Amount of liability.--An amount for which an employee - is liable under paragraph (1) shall be treated as a debt due - the United States. - (3) Waiver.--The head of an element of the intelligence - community may waive, in whole or in part, collection of a debt - described in paragraph (2) based on a determination that the - collection would be against equity and good conscience and not - in the best interests of the United States, after taking into - account any indication of fraud, misrepresentation, fault, or - lack of good faith on the part of the employee. + (1) In general.--A head of an element of the intelligence + community exercising the authority of the head under subsection (a) + shall provide for a written agreement among the element of the + intelligence community, the private-sector organization, and the + employee concerned regarding the terms and conditions of the + employee's detail under this section. The agreement-- + (A) shall require that the employee of the element, upon + completion of the detail, serve in the element, or elsewhere in + the civil service if approved by the head of the element, for a + period that is at least equal to the length of the detail; + (B) shall provide that if the employee of the element fails + to carry out the agreement, such employee shall be liable to + the United States for payment of all nonsalary and benefit + expenses of the detail, unless that failure was for good and + sufficient reason, as determined by the head of the element; + (C) shall contain language informing such employee of the + prohibition on sharing, using, or otherwise improperly handling + classified or unclassified nonpublic information for the + benefit or advantage of the private-sector organization; + (D) shall contain language governing the handling of + classified information by such employee during the detail; and + (E) shall contain language requiring the employee to + acknowledge the obligations of the employee under section 1905 + of title 18, United States Code. + (2) Amount of liability.--An amount for which an employee is + liable under paragraph (1) shall be treated as a debt due the + United States. + (3) Waiver.--The head of an element of the intelligence + community may waive, in whole or in part, collection of a debt + described in paragraph (2) based on a determination that the + collection would be against equity and good conscience and not in + the best interests of the United States, after taking into account + any indication of fraud, misrepresentation, fault, or lack of good + faith on the part of the employee. (d) Termination.--A detail under this section may, at any time and for any reason, be terminated by the head of the element of the intelligence community concerned or the private-sector organization concerned. (e) Duration.-- - (1) In general.--A detail under this section shall be for a - period of not less than 3 months and not more than 2 years, - renewable up to a total of 3 years. - (2) Longer periods.--A detail under this section may be for - a period in excess of 2 years, but not more than 3 years, if - the head of the element making the detail determines that such - detail is necessary to meet critical mission or program - requirements. - (3) Limitation.--No employee of an element of the - intelligence community may be detailed under this section for - more than a total of 5 years, inclusive of all such details. - (f) Status of Federal Employees Detailed to Private-sector + (1) In general.--A detail under this section shall be for a + period of not less than 3 months and not more than 2 years, + renewable up to a total of 3 years. + (2) Longer periods.--A detail under this section may be for a + period in excess of 2 years, but not more than 3 years, if the head + of the element making the detail determines that such detail is + necessary to meet critical mission or program requirements. + (3) Limitation.--No employee of an element of the intelligence + community may be detailed under this section for more than a total + of 5 years, inclusive of all such details. + (f) Status of Federal Employees Detailed to Private-Sector Organizations.-- - (1) In general.--An employee of an element of the - intelligence community who is detailed to a private-sector - organization under this section shall be considered, during the - period of detail, to be on a regular work assignment in the - element for all purposes. The written agreement established - under subsection (c)(1) shall address the specific terms and - conditions related to the employee's continued status as a - Federal employee. - (2) Requirements.--In establishing a temporary detail of an - employee of an element of the intelligence community to a - private-sector organization, the head of the element shall-- - (A) certify that the temporary detail of such - employee shall not have an adverse or negative impact - on mission attainment or organizational capabilities - associated with the detail; and - (B) in the case of an element of the intelligence - community in the Department of Defense, ensure that the - normal duties and functions of such employees are not, - as a result of and during the course of such temporary - detail, performed or augmented by contractor personnel - in violation of the provisions of section 2461 of title - 10, United States Code. - (g) Terms and Conditions for Private-sector Employees.--An employee + (1) In general.--An employee of an element of the intelligence + community who is detailed to a private-sector organization under + this section shall be considered, during the period of detail, to + be on a regular work assignment in the element. The written + agreement established under subsection (c)(1) shall address the + specific terms and conditions related to the employee's continued + status as a Federal employee. + (2) Requirements.--In establishing a temporary detail of an + employee of an element of the intelligence community to a private- + sector organization, the head of the element shall-- + (A) certify that the temporary detail of such employee + shall not have an adverse or negative impact on mission + attainment or organizational capabilities associated with the + detail; and + (B) in the case of an element of the intelligence community + in the Department of Defense, ensure that the normal duties and + functions of such employees are not, as a result of and during + the course of such temporary detail, performed or augmented by + contractor personnel in violation of the provisions of section + 2461 of title 10, United States Code. + (g) Terms and Conditions for Private-Sector Employees.--An employee of a private-sector organization who is detailed to an element of the intelligence community under this section-- - (1) shall continue to receive pay and benefits from the - private-sector organization from which such employee is - detailed and shall not receive pay or benefits from the - element, except as provided in paragraph (2); - (2) is deemed to be an employee of the element for the - purposes of-- - (A) chapters 73 and 81 of title 5, United States - Code; - (B) sections 201, 203, 205, 207, 208, 209, 603, - 606, 607, 643, 654, 1905, and 1913 of title 18, United - States Code; - (C) sections 1343, 1344, and 1349(b) of title 31, - United States Code; - (D) chapter 171 of title 28, United States Code - (commonly known as the ``Federal Tort Claims Act'') and - any other Federal tort liability statute; - (E) the Ethics in Government Act of 1978 (5 U.S.C. - App.); and - (F) chapter 21 of title 41, United States Code; - (3) may perform work that is considered inherently - governmental in nature only when requested in writing by the - head of the element; - (4) may not be used to circumvent any limitation or - restriction on the size of the workforce of the element; - (5) shall be subject to the same requirements applicable to - an employee performing the same functions and duties proposed - for performance by the private sector employee; and - (6) in the case of an element of the intelligence community - in the Department of Defense, may not be used to circumvent the - provisions of section 2461 of title 10, United States Code. + (1) shall continue to receive pay and benefits from the + private-sector organization from which such employee is detailed + and shall not receive pay or benefits from the element, except as + provided in paragraph (2); + (2) is deemed to be an employee of the element for the purposes + of-- + (A) chapters 73 and 81 of title 5, United States Code; + (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, + 643, 654, 1905, and 1913 of title 18, United States Code; + (C) sections 1343, 1344, and 1349(b) of title 31, United + States Code; + (D) chapter 171 of title 28, United States Code (commonly + known as the ``Federal Tort Claims Act'') and any other Federal + tort liability statute; + (E) the Ethics in Government Act of 1978 (5 U.S.C. App.); + and + (F) chapter 21 of title 41, United States Code; + (3) may perform work that is considered inherently governmental + in nature only when requested in writing by the head of the + element; + (4) may not be used to circumvent any limitation or restriction + on the size of the workforce of the element; + (5) shall be subject to the same requirements applicable to an + employee performing the same functions and duties proposed for + performance by the private-sector employee; and + (6) in the case of an element of the intelligence community in + the Department of Defense, may not be used to circumvent the + provisions of section 2461 of title 10, United States Code. (h) Prohibition Against Charging Certain Costs to the Federal Government.--A private-sector organization may not charge an element of the intelligence community or any other agency of the Federal @@ -41567,327 +53572,964 @@ of the detail and any subsequent renewal periods. (i) Additional Administrative Matters.--In carrying out this section, the Director, pursuant to procedures developed under subsection (a)-- - (1) shall, to the degree practicable, ensure that small - business concerns are represented with respect to details - authorized by this section; - (2) may, notwithstanding any other provision of law, - establish criteria for elements of the intelligence community - to use appropriated funds to reimburse small business concerns - for the salaries and benefits of its employees during the - periods when the small business concern agrees to detail its - employees to the intelligence community under this section; - (3) shall take into consideration the question of how - details under this section might best be used to help meet the - needs of the intelligence community, including with respect to - the training of employees; - (4) shall take into consideration areas of private-sector - expertise that are critical to the intelligence community; and - (5) shall establish oversight mechanisms to determine - whether the public-private exchange authorized by this section - improves the efficiency and effectiveness of the intelligence - community. + (1) shall, to the degree practicable, ensure that small + business concerns are represented with respect to details + authorized by this section; + (2) may, notwithstanding any other provision of law, establish + criteria for elements of the intelligence community to use + appropriated funds to reimburse small business concerns for the + salaries and benefits of its employees during the periods when the + small business concern agrees to detail its employees to the + intelligence community under this section; + (3) shall take into consideration the question of how details + under this section might best be used to help meet the needs of the + intelligence community, including with respect to the training of + employees; + (4) shall take into consideration areas of private-sector + expertise that are critical to the intelligence community; and + (5) shall establish oversight mechanisms to determine whether + the public-private exchange authorized by this section improves the + efficiency and effectiveness of the intelligence community. (j) Definitions.--In this section: - (1) Detail.--The term ``detail'' means, as appropriate in - the context in which such term is used-- - (A) the assignment or loan of an employee of an - element of the intelligence community to a private- - sector organization without a change of position from - the intelligence community element that employs the - individual; or - (B) the assignment or loan of an employee of a - private-sector organization to an element of the - intelligence community without a change of position - from the private-sector organization that employs the - individual. - (2) Private-sector organization.--The term ``private-sector - organization'' means-- - (A) a for-profit organization; or - (B) a not-for-profit organization. - (3) Small business concern.--The term ``small business - concern'' has the meaning given such term in section 3703(e)(2) - of title 5, United States Code. - -SEC. 9305. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES OF COVERT - AGENTS. - - Section 605(4) of the National Security Act of 1947 (50 U.S.C. -3126(4)) is amended-- - (1) in subparagraph (A)-- - (A) by striking clause (ii); - (B) in clause (i), by striking ``, and'' and - inserting ``; or''; and - (C) by striking ``agency--'' and all that follows - through ``whose identity'' and inserting ``agency whose - identity''; and - (2) in subparagraph (B)(i), by striking ``resides and acts - outside the United States'' and inserting ``acts''. - -SEC. 9306. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT PLANS - REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS IN NATIONAL - INTELLIGENCE PROGRAM. - - Section 102A(q)(1)(A) of the National Security Act of 1947 (50 -U.S.C. 3024(q)(1)(A)) is amended by inserting ``security risks,'' after -``schedule,''. - -SEC. 9307. PAID PARENTAL LEAVE. - - (a) Purpose.--The purpose of this section is to-- - (1) help the intelligence community recruit and retain a - dynamic, multi-talented, and diverse workforce capable of - meeting the security goals of the United States; and - (2) establish best practices and processes for other - elements of the Federal Government seeking to pursue similar - policies. - (b) Authorization of Paid Parental Leave for Intelligence Community -Employees.-- - (1) In general.--Title III of the National Security Act of - 1947 (50 U.S.C. 3071 et seq.) is amended by inserting after - section 304 the following: - -``SEC. 305. PAID PARENTAL LEAVE. - - ``(a) Paid Parental Leave.--Notwithstanding any other provision of -law, a civilian employee of an element of the intelligence community -shall have available a total of 12 administrative workweeks of paid -parental leave in the event of the birth of a son or daughter to the -employee, or placement of a son or daughter with the employee for -adoption or foster care, and in order to care for such son or daughter, -to be used during the 12-month period beginning on the date of the -birth or placement. - ``(b) Treatment of Parental Leave Request.--Notwithstanding any -other provision of law-- - ``(1) an element of the intelligence community shall - accommodate an employee's leave schedule request under - subsection (a), including a request to use such leave - intermittently or on a reduced leave schedule, to the extent - that the requested leave schedule does not unduly disrupt - agency operations; and - ``(2) to the extent that an employee's requested leave - schedule as described in paragraph (1) is based on medical - necessity related to a serious health condition connected to - the birth of a son or daughter, the employing element shall - handle the scheduling consistent with the treatment of - employees who are using leave under subparagraph (C) or (D) of - section 6382(a)(1) of title 5, United States Code. - ``(c) Rules Relating to Paid Leave.--Notwithstanding any other -provision of law-- - ``(1) an employee may not be required to first use all or - any portion of any unpaid leave available to the employee - before being allowed to use the paid parental leave described - in subsection (a); and - ``(2) paid parental leave under subsection (a)-- - ``(A) shall be payable from any appropriation or - fund available for salaries or expenses for positions - within the employing element; - ``(B) may not be considered to be annual or - vacation leave for purposes of section 5551 or 5552 of - title 5, United States Code, or for any other purpose; - ``(C) if not used by the employee before the end of - the 12-month period described in subsection (a) to - which the leave relates, may not be available for any - subsequent use and may not be converted into a cash - payment; - ``(D) may be granted only to the extent that the - employee does not receive a total of more than 12 weeks - of paid parental leave in any 12-month period beginning - on the date of a birth or placement; - ``(E) may not be granted-- - ``(i) in excess of a lifetime aggregate - total of 30 administrative workweeks based on - placements of a foster child for any individual - employee; or - ``(ii) in connection with temporary foster - care placements expected to last less than 1 - year; - ``(F) may not be granted for a child being placed - for foster care or adoption if such leave was - previously granted to the same employee when the same - child was placed with the employee for foster care in - the past; - ``(G) shall be used in increments of hours (or - fractions thereof), with 12 administrative workweeks - equal to 480 hours for employees with a regular full- - time work schedule and converted to a proportional - number of hours for employees with part-time, seasonal, - or uncommon tours of duty; and - ``(H) may not be used during off-season (nonpay - status) periods for employees with seasonal work - schedules. - ``(d) Implementation Plan.--Not later than 1 year after the date of -enactment of this section, the Director of National Intelligence shall -provide the congressional intelligence committees with an -implementation plan that includes-- - ``(1) processes and procedures for implementing the paid - parental leave policies under subsections (a) through (c); - ``(2) an explanation of how the implementation of - subsections (a) through (c) will be reconciled with policies of - other elements of the Federal Government, including the impact - on elements funded by the National Intelligence Program that - are housed within agencies outside the intelligence community; - ``(3) the projected impact of the implementation of - subsections (a) through (c) on the workforce of the - intelligence community, including take rates, retention, - recruiting, and morale, broken down by each element of the - intelligence community; and - ``(4) all costs or operational expenses associated with the - implementation of subsections (a) through (c). - ``(e) Directive.--Not later than 90 days after the Director of -National Intelligence submits the implementation plan under subsection -(d), the Director of National Intelligence shall issue a written -directive to implement this section, which directive shall take effect -on the date of issuance. - ``(f) Annual Report.--The Director of National Intelligence shall -submit to the congressional intelligence committees an annual report -that-- - ``(1) details the number of employees of each element of - the intelligence community who applied for and took paid - parental leave under subsection (a) during the year covered by - the report; and - ``(2) includes updates on major implementation challenges - or costs associated with paid parental leave. - ``(g) Definition of Son or Daughter.--For purposes of this section, -the term `son or daughter' has the meaning given the term in section -6381 of title 5, United States Code.''. - (2) Clerical amendment.--The table of contents in the - matter preceding section 2 of the National Security Act of 1947 - (50 U.S.C. 3002) is amended by inserting after the item - relating to section 304 the following: - -``Sec. 305. Paid parental leave.''. - (c) Applicability.--Section 305 of the National Security Act of -1947, as added by subsection (b), shall apply with respect to leave -taken in connection with the birth or placement of a son or daughter -that occurs on or after the date on which the Director of National -Intelligence issues the written directive under subsection (e) of such -section 305. + (1) Detail.--The term ``detail'' means, as appropriate in the + context in which such term is used-- + (A) the assignment or loan of an employee of an element of + the intelligence community to a private-sector organization + without a change of position from the intelligence community + element that employs the individual; or + (B) the assignment or loan of an employee of a private- + sector organization to an element of the intelligence community + without a change of position from the private-sector + organization that employs the individual. + (2) Private-sector organization.--The term ``private-sector + organization'' means-- + (A) a for-profit organization; or + (B) a not-for-profit organization. + (3) Small business concern.--The term ``small business + concern'' has the meaning given such term in section 3703(e)(2) of + title 5, United States Code. +SEC. 5307. ASSESSMENT OF CONTRACTING PRACTICES TO IDENTIFY CERTAIN +SECURITY AND COUNTERINTELLIGENCE CONCERNS. + (a) Assessment.-- + (1) Contracting practices.--The Director of National + Intelligence shall conduct an assessment of the authorities, + policies, processes, and standards used by the elements of the + intelligence community to ensure that the elements appropriately + weigh security and counterintelligence risks in awarding a contract + to a contractor that-- + (A) carries out any joint research and development + activities with a covered foreign country; or + (B) performs any contract or other agreement entered into + with a covered foreign country. + (2) Elements.--The assessment under paragraph (1) shall include + the following: + (A) An assessment of whether the authorities, policies, + processes, and standards specified in paragraph (1) + sufficiently identify security and counterintelligence + concerns. + (B) Identification of any authority gaps in such + authorities, policies, processes, and standards that prevent + the intelligence community from considering the activities + specified in subparagraphs (A) and (B) of paragraph (1) when + evaluating offers for a contract. + (3) Consultation.--In carrying out paragraph (1), the Director + shall consult with each head of an element of the intelligence + community. + (b) Report.-- + (1) Requirement.--Not later than 180 days after the date of the + enactment of this Act, the Director shall submit to the + congressional intelligence committees a report on the assessment + under subsection (a)(1). + (2) Matters included.--The report under paragraph (1) shall + include the following: + (A) The assessment under subsection (a)(1). + (B) An identification of any known contractors that have-- + (i) carried out activities specified in subparagraphs + (A) and (B) of subsection (a)(1); and + (ii) submitted an offer for a contract with an element + of the intelligence community. + (C) A description of the steps that the Director and the + heads of the elements of the intelligence community took to + identify contractors under subparagraph (B). + (3) Form.--The report under paragraph (1) shall be submitted in + unclassified form, but may include a classified annex. + (c) Covered Foreign Country Defined.--In this section, the term +``covered foreign country'' means the government, or any entity +affiliated with the military or intelligence services of, the following +foreign countries: + (1) The People's Republic of China. + (2) The Russian Federation. + (3) The Democratic People's Republic of Korea. + (4) The Islamic Republic of Iran. + (5) Such other countries as the Director considers appropriate. Subtitle B--Office of the Director of National Intelligence -SEC. 9311. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN SECURITY - CLEARANCE PROCEDURES. - - (a) Exclusivity of Procedures.--Section 801 of the National -Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end -the following: - ``(c) Exclusivity.--Except as provided in subsection (b) and -subject to sections 801A and 801B, the procedures established pursuant -to subsection (a) shall be the exclusive procedures by which decisions -about eligibility for access to classified information are governed.''. - (b) Transparency.--Such section is further amended by adding at the -end the following: - ``(d) Publication.-- - ``(1) In general.--Not later than 180 days after the date - of the enactment of this subsection, the President shall-- - ``(A) publish in the Federal Register the - procedures established pursuant to subsection (a); or - ``(B) submit to Congress a certification that the - procedures currently in effect that govern access to - classified information as described in subsection (a)-- - ``(i) are published in the Federal - Register; and - ``(ii) comply with the requirements of - subsection (a). - ``(2) Updates.--Whenever the President makes a revision to - a procedure established pursuant to subsection (a), the - President shall publish such revision in the Federal Register - not later than 30 days before the date on which the revision - becomes effective.''. - (c) Consistency.-- - (1) In general.--Title VIII of the National Security Act of - 1947 (50 U.S.C. 3161 et seq.) is amended by inserting after - section 801 the following: - -``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED INFORMATION. - - ``(a) Definitions.--In this section: - ``(1) Agency.--The term `agency' has the meaning given the - term `Executive agency' in section 105 of title 5, United - States Code. - ``(2) Classified information.--The term `classified - information' includes sensitive compartmented information, - restricted data, restricted handling information, and other - compartmented information. - ``(3) Eligibility for access to classified information.-- - The term `eligibility for access to classified information' has - the meaning given such term in the procedures established - pursuant to section 801(a). - ``(b) In General.--Each head of an agency that makes a -determination regarding eligibility for access to classified -information shall ensure that in making the determination, the head of -the agency or any person acting on behalf of the agency-- - ``(1) does not violate any right or protection enshrined in - the Constitution of the United States, including rights - articulated in the First, Fifth, and Fourteenth Amendments; - ``(2) does not discriminate for or against an individual on - the basis of race, color, religion, sex, national origin, age, - or handicap; - ``(3) is not carrying out-- - ``(A) retaliation for political activities or - beliefs; or - ``(B) a coercion or reprisal described in section - 2302(b)(3) of title 5, United States Code; and - ``(4) does not violate section 3001(j)(1) of the - Intelligence Reform and Terrorism Prevention Act of 2004 (50 - U.S.C. 3341(j)(1)).''. - (2) Clerical amendment.--The table of contents in the - matter preceding section 2 of the National Security Act of 1947 - (50 U.S.C. 3002) is amended by inserting after the item - relating to section 801 the following: +SEC. 5321. ESTABLISHMENT OF CLIMATE SECURITY ADVISORY COUNCIL. + (a) Establishment.--Title I of the National Security Act of 1947 +(50 U.S.C. 3021 et seq.) is amended by adding at the end the following +new section: + ``SEC. 120. CLIMATE SECURITY ADVISORY COUNCIL. + ``(a) Establishment.--The Director of National Intelligence shall +establish a Climate Security Advisory Council for the purpose of-- + ``(1) assisting intelligence analysts of various elements of + the intelligence community with respect to analysis of climate + security and its impact on the areas of focus of such analysts; + ``(2) facilitating coordination between the elements of the + intelligence community and elements of the Federal Government that + are not elements of the intelligence community in collecting data + on, and conducting analysis of, climate change and climate + security; and + ``(3) ensuring that the intelligence community is adequately + prioritizing climate change in carrying out its activities. + ``(b) Composition of Council.-- + ``(1) Members.--The Council shall be composed of the following + individuals appointed by the Director of National Intelligence: + ``(A) An appropriate official from the National + Intelligence Council, who shall chair the Council. + ``(B) The lead official with respect to climate and + environmental security analysis from-- + ``(i) the Central Intelligence Agency; + ``(ii) the Bureau of Intelligence and Research of the + Department of State; + ``(iii) the National Geospatial-Intelligence Agency; + ``(iv) the Office of Intelligence and + Counterintelligence of the Department of Energy; + ``(v) the Office of the Under Secretary of Defense for + Intelligence; and + ``(vi) the Defense Intelligence Agency. + ``(C) Three appropriate officials from elements of the + Federal Government that are not elements of the intelligence + community that are responsible for-- + ``(i) providing decision makers with a predictive + understanding of the climate; + ``(ii) making observations of our Earth system that can + be used by the public, policymakers, and to support + strategic decisions; or + ``(iii) coordinating Federal research and investments + in understanding the forces shaping the global environment, + both human and natural, and their impacts on society. + ``(D) Any other officials as the Director of National + Intelligence or the chair of the Council may determine + appropriate. + ``(2) Responsibilities of chair.--The chair of the Council + shall have responsibility for-- + ``(A) identifying agencies to supply individuals from + elements of the Federal Government that are not elements of the + intelligence community; + ``(B) securing the permission of the relevant agency heads + for the participation of such individuals on the Council; and + ``(C) any other duties that the Director of National + Intelligence may direct. + ``(c) Duties and Responsibilities of Council.--The Council shall +carry out the following duties and responsibilities: + ``(1) To meet at least quarterly to-- + ``(A) exchange appropriate data between elements of the + intelligence community and elements of the Federal Government + that are not elements of the intelligence community; + ``(B) discuss processes for the routine exchange of such + data and implementation of such processes; and + ``(C) prepare summaries of the business conducted at each + meeting. + ``(2) To assess and determine best practices with respect to + the analysis of climate security, including identifying publicly + available information and intelligence acquired through clandestine + means that enables such analysis. + ``(3) To assess and identify best practices with respect to + prior efforts of the intelligence community to analyze climate + security. + ``(4) To assess and describe best practices for identifying and + disseminating climate security indicators and warnings. + ``(5) To recommend methods of incorporating analysis of climate + security and the best practices identified under paragraphs (2) + through (4) into existing analytic training programs. + ``(6) To consult, as appropriate, with other elements of the + intelligence community that conduct analysis of climate change or + climate security and elements of the Federal Government that are + not elements of the intelligence community that conduct analysis of + climate change or climate security, for the purpose of sharing + information about ongoing efforts and avoiding duplication of + existing efforts. + ``(7) To work with elements of the intelligence community that + conduct analysis of climate change or climate security and elements + of the Federal Government that are not elements of the intelligence + community that conduct analysis of climate change or climate + security-- + ``(A) to exchange appropriate data between such elements, + establish processes, procedures and practices for the routine + exchange of such data, discuss the implementation of such + processes; and + ``(B) to enable and facilitate the sharing of findings and + analysis between such elements. + ``(8) To assess whether the elements of the intelligence + community that conduct analysis of climate change or climate + security may inform the research direction of academic work and the + sponsored work of the United States Government. + ``(9) At the discretion of the chair of the Council, to convene + conferences of analysts and nonintelligence community personnel + working on climate change or climate security on subjects that the + chair shall direct. + ``(d) Sunset.--The Council shall terminate on the date that is 4 +years after the date of the enactment of this section. + ``(e) Definitions.--In this section: + ``(1) Climate security.--The term `climate security' means the + effects of climate change on the following: + ``(A) The national security of the United States, including + national security infrastructure. + ``(B) Subnational, national, and regional political + stability. + ``(C) The security of allies and partners of the United + States. + ``(D) Ongoing or potential political violence, including + unrest, rioting, guerrilla warfare, insurgency, terrorism, + rebellion, revolution, civil war, and interstate war. + ``(2) Climate intelligence indications and warnings.--The term + `climate intelligence indications and warnings' means developments + relating to climate security with the potential to-- + ``(A) imminently and substantially alter the political + stability or degree of human security in a country or region; + or + ``(B) imminently and substantially threaten-- + ``(i) the national security of the United States; + ``(ii) the military, political, or economic interests + of allies and partners of the United States; or + ``(iii) citizens of the United States abroad.''. + (b) Clerical Amendment.--The table of contents in the first section +of the National Security Act of 1947 is amended by inserting after the +item relating to section 119B the following new item: -``Sec. 801A. Decisions relating to access to classified information.''. +``Sec. 120. Climate Security Advisory Council.''. -SEC. 9312. LIMITATION ON TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY. + (c) Initial Appointments.--Not later than 90 days after the date of +the enactment of this Act, the Director of National Intelligence shall +appoint the members of the Council under section 120 of the National +Security Act of 1947, as added by subsection (a). +SEC. 5322. FOREIGN MALIGN INFLUENCE RESPONSE CENTER. + (a) Establishment.--The National Security Act of 1947 (50 U.S.C. +3001 et seq.) is amended by inserting after section 119B the following +new section: +``SEC. 119C. FOREIGN MALIGN INFLUENCE RESPONSE CENTER. + ``(a) Establishment.--There is within the Office of the Director of +National Intelligence a Foreign Malign Influence Response Center (in +this section referred to as the `Center'). + ``(b) Functions and Composition.--The Center shall-- + ``(1) be comprised of analysts from all elements of the + intelligence community, including elements with diplomatic and law + enforcement functions; + ``(2) have access to all intelligence and other reporting + possessed or acquired by the United States Government pertaining to + foreign malign influence; + ``(3) serve as the primary organization in the United States + Government for analyzing and integrating all intelligence possessed + or acquired by the United States Government pertaining to foreign + malign influence; and + ``(4) provide to employees and officers of the Federal + Government in policy-making positions and Congress comprehensive + assessments, and indications and warnings, of foreign malign + influence. + ``(c) Director.-- + ``(1) Appointment.--There is a Director of the Center, who + shall be the head of the Center, and who shall be appointed by the + Director of National Intelligence. + ``(2) Role.--The Director of the Center shall-- + ``(A) report directly to the Director of National + Intelligence; + ``(B) carry out the functions under subsection (b); and + ``(C) at the request of the President or the Director of + National Intelligence, develop and provide recommendations for + potential responses by the United States to foreign malign + influence. + ``(d) Annual Reports.-- + ``(1) In general.--In addition to the matters submitted + pursuant to subsection (b)(4), at the direction of the Director of + National Intelligence, but not less than once each year, the + Director of the Center shall submit to the congressional + intelligence committees, the Committee on Foreign Affairs of the + House of Representatives, and the Committee on Foreign Relations of + the Senate a report on foreign malign influence. + ``(2) Matters included.--Each report under paragraph (1) shall + include, with respect to the period covered by the report, a + discussion of the following: + ``(A) The most significant activities of the Center. + ``(B) Any recommendations the Director determines necessary + for legislative or other actions to improve the ability of the + Center to carry out its functions, including recommendations + regarding the protection of privacy and civil liberties. + ``(e) Definitions.--In this section: + ``(1) Covered foreign country.--The term `covered foreign + country' means the following: + ``(A) The Russian Federation. + ``(B) The Islamic Republic of Iran. + ``(C) The Democratic People's Republic of Korea. + ``(D) The People's Republic of China. + ``(E) Any other foreign country that the Director of the + Center determines appropriate for purposes of this section. + ``(2) Foreign malign influence.--The term `foreign malign + influence' means any hostile effort undertaken by, at the direction + of, or on behalf of or with the substantial support of, the + government of a covered foreign country with the objective of + influencing, through overt or covert means-- + ``(A) the political, military, economic, or other policies + or activities of the United States Government or State or local + governments, including any election within the United States; + or + ``(B) the public opinion within the United States.''. + (b) Clerical Amendment.--The table of contents at the beginning of +such Act is amended by inserting after the item relating to section +119B the following new item: + +``Sec. 119C. Foreign Malign Influence Response Center.''. + + (c) Conforming Amendment.--Section 507(a) of such Act (50 U.S.C. +3106) is amended by adding at the end the following new paragraph: + ``(6) An annual report submitted under section 119C(d)(1).''. +SEC. 5323. ENCOURAGEMENT OF COOPERATIVE ACTIONS TO DETECT AND COUNTER +FOREIGN INFLUENCE OPERATIONS. + (a) Findings.--Congress makes the following findings: + (1) The Russian Federation, through military intelligence + units, also known as the ``GRU'', and Kremlin-linked troll + organizations often referred to as the ``Internet Research + Agency'', deploy information warfare operations against the United + States, its allies and partners, with the goal of advancing the + strategic interests of the Russian Federation. + (2) One line of effort deployed as part of these information + warfare operations is the weaponization of social media platforms + with the goals of intensifying societal tensions, undermining trust + in governmental institutions within the United States, its allies + and partners in the West, and generally sowing division, fear, and + confusion. + (3) These information warfare operations are a threat to the + national security of the United States and that of the allies and + partners of the United States. As former Director of National + Intelligence Dan Coats stated, ``These actions are persistent, they + are pervasive and they are meant to undermine America's + democracy.''. + (4) These information warfare operations continue to evolve and + increase in sophistication. + (5) Other foreign adversaries and hostile non-state actors are + increasingly adopting similar tactics of deploying information + warfare operations against the West, such as recent state-backed + operations from China around the Hong Kong protests identified by + social media companies. + (6) Technological advances, including artificial intelligence, + will only make it more difficult in the future to detect fraudulent + accounts, deceptive material posted on social media, and malign + behavior on social media platforms. + (7) Because these information warfare operations are deployed + within and across private social media platforms, the companies + that own these platforms have a responsibility to detect and + facilitate the removal or neutralization of foreign adversary + networks operating clandestinely on their platforms. + (8) The social media companies are inherently technologically + sophisticated and adept at rapidly analyzing large amounts of data + and developing software-based solutions to diverse and ever- + changing challenges on their platforms, which makes them well- + equipped to address the threat occurring on their platforms. + (9) Independent analyses confirmed Kremlin-linked threat + networks, based on data provided by several social media companies + to the Select Committee on Intelligence of the Senate, thereby + demonstrating that it is possible to discern both broad patterns of + cross-platform information warfare operations and specific + fraudulent behavior on social media platforms. + (10) General Paul Nakasone, Director of the National Security + Agency, emphasized the importance of these independent analyses to + the planning and conducting of military cyber operations to + frustrate Kremlin-linked information warfare operations against the + 2018 mid-term elections. General Nakasone stated that the reports + ``were very, very helpful in terms of being able to understand + exactly what our adversary was trying to do to build dissent within + our nation.''. + (11) Institutionalizing ongoing robust, independent, and + vigorous analysis of data related to foreign threat networks within + and across social media platforms will help counter ongoing + information warfare operations against the United States, its + allies, and its partners. + (12) Archiving and disclosing to the public the results of + these analyses by the social media companies and trusted third- + party experts in a transparent manner will serve to demonstrate + that the social media companies are detecting and removing foreign + malign activities from their platforms while protecting the privacy + of the people of the United States and will build public + understanding of the scale and scope of these foreign threats to + our democracy, since exposure is one of the most effective means to + build resilience. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) the social media companies should cooperate among + themselves and with independent organizations and researchers on a + sustained and regular basis to share and analyze data and + indicators relevant to foreign information warfare operations + within and across their platforms in order to detect and counter + foreign information warfare operations that threaten the national + security of the United States and its allies and partners; + (2) information from law enforcement and the intelligence + community is also important in assisting efforts by these social + media companies to identify foreign information warfare operations; + (3) these analytic efforts should be organized in such a + fashion as to meet the highest standards of ethics, + confidentiality, and privacy protection of the people of the United + States, while still allowing timely research access to relevant + data; + (4) these analytic efforts should be undertaken as soon as + possible to facilitate countering ongoing state or state-backed + foreign information warfare operations and to aid in preparations + for the United States Presidential and congressional elections in + 2020 and beyond; + (5) the structure and operations of social media companies make + them well positioned to work with independent organizations and + researchers to address foreign adversary threat networks within and + across their platforms, and these efforts could be conducted + without direct Government involvement, direction, or regulation; + and + (6) if the social media industry fails to take sufficient + action to address foreign adversary threat networks operating + within or across their platforms, Congress would have to consider + additional safeguards for ensuring that this threat is effectively + mitigated. + (c) Authority to Facilitate Establishment of Social Media Data and +Threat Analysis Center.-- + (1) Authority.--The Director of National Intelligence, in + coordination with the Secretary of Defense, may facilitate, by + grant or contract or under an existing authority of the Director, + the establishment of a Social Media Data and Threat Analysis Center + with the functions described in paragraph (2) at an independent, + nonprofit organization. + (2) Functions.--The functions described in this paragraph are + the following: + (A) Acting as a convening and sponsoring authority for + cooperative social media data analysis of foreign threat + networks involving social media companies and third-party + experts, nongovernmental organizations, data journalists, + Federally funded research and development centers, academic + researchers, traditional media, and international counterparts, + as appropriate. + (B) Facilitating analysis of foreign influence operation, + within and across the individual social media platforms as well + as hacking and leaking campaigns, and other tactics, and + related unlawful activities that fund or subsidize such + operations. + (C) Developing processes to share information from + government entities on foreign influence operations with the + individual social media companies to inform threat analysis, + and working with the Office of the Director of National + Intelligence as appropriate. + (D) Determining and making public criteria for identifying + which companies, organizations, or researchers qualify for + inclusion in the activities of the Center, and inviting + entities that fit the criteria to join. + (E) Determining jointly with the social media companies + what data and metadata related to indicators of foreign + adversary threat networks from their platforms and business + operations will be made available for access and analysis. + (F) Developing and making public the criteria and standards + that must be met for companies, other organizations, and + individual researchers to access and analyze data relating to + foreign adversary threat networks within and across social + media platforms and publish or otherwise use the results. + (G) Developing and making public the ethical standards for + investigation of foreign threat networks and use of analytic + results and for protection of the privacy of the customers and + users of the social media platforms and of the proprietary + information of the social media companies. + (H) Developing technical, contractual, and procedural + controls to prevent misuse of data, including any necessary + auditing procedures, compliance checks, and review mechanisms. + (I) Developing and making public criteria and conditions + under which the Center shall share information with the + appropriate Government agencies regarding threats to national + security from, or violations of the law involving, foreign + activities on social media platforms. + (J) Hosting a searchable archive aggregating information + related to foreign influence and disinformation operations to + build a collective understanding of the threats and facilitate + future examination consistent with privacy protections. + (K) Developing data standards to harmonize the sharing of + information pursuant to this paragraph. + (d) Reporting and Notifications.--If the Director of National +Intelligence chooses to use funds under subsection (c)(1) to facilitate +the establishment of the Center, the Director of the Center shall-- + (1) not later than 180 days after the date of the enactment of + this Act, submit to appropriate congressional committees a report + on-- + (A) the estimated funding needs of the Center for fiscal + year 2021 and for subsequent years; + (B) such statutory protections from liability as the + Director considers necessary for the Center, participating + social media companies, and participating third-party + analytical participants; + (C) such statutory penalties as the Director considers + necessary to ensure against misuse of data by researchers; and + (D) such changes to the Center's mission to fully capture + broader unlawful activities that intersect with, complement, or + support information warfare tactics; and + (2) not less frequently than once each year, submit to the + Director of National Intelligence, the Secretary of Defense, and + the appropriate congressional committees a report-- + (A) that assesses-- + (i) degree of cooperation and commitment from the + social media companies to the mission of the Center; and + (ii) effectiveness of the Center in detecting and + facilitating the removal or neutralization of clandestine + foreign information warfare operations from social media + platforms; and + (B) includes such recommendations for legislative or + administrative action as the Center considers appropriate to + carry out the functions of the Center. + (e) Periodic Reporting to the Public.--The Director of the Center +shall-- + (1) once each quarter, make available to the public a report on + key trends in foreign influence and disinformation operations, + including any threats to campaigns and elections, to inform the + public of the United States; and + (2) as the Director considers necessary, provide more timely + assessments relating to ongoing disinformation campaigns. + (f) Funding.--Of the amounts appropriated or otherwise made +available to the National Intelligence Program (as defined in section 3 +of the National Security Act of 1947 (50 U.S.C. 3003)) in fiscal year +2020 and 2021, the Director of National Intelligence may use up to +$30,000,000 to carry out this section. + (g) Definition of Appropriate Congressional Committees.--In this +section, the term ``appropriate congressional committees'' means-- + (1) the Committee on Armed Services of the Senate; + (2) the Committee on Homeland Security and Governmental Affairs + of the Senate; + (3) the Committee on Foreign Relations of the Senate; + (4) the Committee on the Judiciary of the Senate; + (5) the Select Committee on Intelligence of the Senate; + (6) the Committee on Armed Services of the House of + Representatives; + (7) the Committee on Homeland Security of the House of + Representatives; + (8) the Committee on Foreign Affairs of the House of + Representatives; + (9) the Committee on the Judiciary of the House of + Representatives; and + (10) the Permanent Select Committee on Intelligence of the + House of Representatives. +SEC. 5324. TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY TO THE OFFICE +OF THE DIRECTOR OF NATIONAL INTELLIGENCE. + (a) Transfer.--Upon the submission of the joint certifications +under subsection (b)(1), the Secretary of Defense and the Director of +National Intelligence shall take such actions that the Director +determines necessary to transfer the National Intelligence University +from the Defense Intelligence Agency to the Director of National +Intelligence. + (b) Joint Certifications.-- + (1) Requirement.--Except as provided by paragraph (2), as soon + as practicable after the date of the enactment of this Act, but not + later than 18 months after the date of such enactment, the + Secretary of Defense and the Director of National Intelligence + shall jointly submit to the appropriate congressional committees + written certifications of each of the following: + (A) The Middle States Commission on Higher Education has + provided regional academic accreditation for the National + Intelligence University before the date of the certification, + or will provide such academic accreditation as of the date on + which the University is transferred under subsection (a). + (B) Members of the Armed Forces attending the University + will be eligible to receive credit for Phase I joint + professional military education. + (C) The Secretary of Education has informed the Director of + National Intelligence that the Secretary has recommended + approval of the degrees to be conferred pursuant to subsection + (e)(2) or will provide such recommended approval as of the date + on which the University is transferred under subsection (a). + (D) The Director of National Intelligence, in collaboration + with the Secretary of Defense, has established an appropriate + governance model for the University. + (E) The Secretary of Defense shall use the University to + provide personnel of the Department of Defense with advanced + intelligence education. + (2) Failure to certify.-- + (A) Actions required.--If the Secretary of Defense and the + Director of National Intelligence fail to submit the + certifications under paragraph (1) by the date specified in + such paragraph, the Secretary and the Director shall-- + (i) jointly submit to the appropriate congressional + committees a report on such failure by not later than 21 + months after the date of the enactment of this Act; and + (ii) jointly submit such certifications as soon as + practicable. + (B) Contents of report.--The report under subparagraph + (A)(i) shall contain the following: + (i) A description of the progress made toward + fulfilling the conditions described in such paragraph as of + the date of the report. + (ii) A description of any obstacles preventing the + fulfillment of such conditions. + (iii) The estimated dates of completion for the + fulfillment of such conditions and the submission of the + certifications. + (c) Briefing.--Not later than 90 days after the date of the +enactment of this Act, the Director of National Intelligence, the +Director of the Defense Intelligence Agency, and the President of the +National Intelligence University shall jointly provide to the +appropriate congressional committees a briefing on the plan to carry +out the transfer under subsection (a), including with respect to-- + (1) ensuring the provision of services to all elements of the + intelligence community; + (2) employing a military cadre at the University; and + (3) addressing the current accreditation status of the National + Intelligence University with the Middle States Commission on Higher + Education. + (d) Cost Estimates of Transfer.-- + (1) Requirement.--Not later than 90 days after the date of the + enactment of this Act, the Secretary of Defense and the Director of + National Intelligence shall jointly submit to the appropriate + congressional committees an estimate of-- + (A) the annual costs of operating the National Intelligence + University; and + (B) the costs to the Federal Government of transferring the + National Intelligence University to the Director of National + Intelligence. + (2) Inclusion of indirect costs.--The estimate submitted under + paragraph (1) shall include all indirect costs, including with + respect to human resources, security, facilities, and information + technology. + (e) Degree-granting Authority.-- + (1) Regulations.--Beginning on the date on which the National + Intelligence University is transferred under subsection (a), under + regulations prescribed by the Director of National Intelligence, + the President of the National Intelligence University may, upon the + recommendation of the faculty of the University, confer appropriate + degrees upon graduates who meet the degree requirements. + (2) Limitation.--A degree may not be conferred under this + section unless-- + (A) the Secretary of Education has recommended approval of + the degree in accordance with the Federal Policy Governing + Granting of Academic Degrees by Federal Agencies; and + (B) the University is accredited by the appropriate + civilian academic accrediting agency or organization to award + the degree, as determined by the Secretary of Education. + (f) Congressional Notification Requirements.-- + (1) Actions on nonaccreditation.--Beginning on the date on + which the National Intelligence University is transferred under + subsection (a), the Director of National Intelligence shall + promptly-- + (A) notify the congressional intelligence committees of any + action by the Middle States Commission on Higher Education, or + other appropriate academic accrediting agency or organization, + to not accredit the University to award any new or existing + degree; and + (B) submit to such committees a report containing an + explanation of any such action. + (2) Modification or redesignation of degree-granting + authority.--Beginning on the date on which the National + Intelligence University is transferred under subsection (a), upon + any modification or redesignation of existing degree-granting + authority, the Director shall submit to the congressional + intelligence committees a report containing the rationale for the + proposed modification or redesignation and any subsequent + recommendation of the Secretary of Education with respect to the + proposed modification or redesignation. + (g) Conforming Repeal.-- + (1) In general.--Section 2161 of title 10, United States Code, + is repealed, and the table of sections at the beginning of chapter + 108 of such title is amended by striking the item relating to such + section 2161. + (2) Effective date.--The amendments made by paragraph (1) shall + take effect on the date on which the Secretary of Defense and the + Director of National Intelligence jointly submit the joint + certifications under subsection (b)(1). The Secretary and the + Director shall jointly notify the Law Revision Counsel of the House + of Representatives of the submission of the certifications so that + the Law Revision Counsel may execute the amendments made by + paragraph (1). + (h) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; and + (B) the Committees on Armed Services of the Senate and + House of Representatives. + (2) Phase i joint professional military education.--The term + ``Phase I joint professional military education'' has the meaning + given that term pursuant to section 2154 of title 10, United States + Code. - (a) Limitation.--Neither the Secretary of Defense nor the Director -of National Intelligence may commence any activity to transfer the -National Intelligence University out of the Defense Intelligence Agency -until the Secretary and the Director jointly certify each of the -following: - (1) The National Intelligence University has positively - adjudicated its warning from the Middle States Commission on - Higher Education and had its regional accreditation fully - restored. - (2) The National Intelligence University will serve as the - exclusive means by which advanced intelligence education is - provided to personnel of the Department of Defense. - (3) Military personnel will receive joint professional - military education from a National Intelligence University - location at a non-Department of Defense agency. - (4) The Department of Education will allow the Office of - the Director of National Intelligence to grant advanced - educational degrees. - (5) A governance model jointly led by the Director and the - Secretary of Defense is in place for the National Intelligence - University. - (b) Cost Estimates.-- - (1) Definition of appropriate committees of congress.--In - this subsection, the term ``appropriate committees of - Congress'' means-- - (A) the congressional intelligence committees; - (B) the Committee on Armed Services of the Senate; - and - (C) the Committee on Armed Services of the House of - Representatives. - (2) In general.--Before commencing any activity to transfer - the National Intelligence University out of the Defense - Intelligence Agency, the Secretary of Defense and the Director - of National Intelligence shall jointly submit to the - appropriate committees of Congress an estimate of the direct - and indirect costs of operating the National Intelligence - University and the costs of transferring the National - Intelligence University to another agency. - (3) Contents.--The estimate submitted under paragraph (2) - shall include all indirect costs, including with respect to - human resources, security, facilities, and information - technology. + Subtitle C--Inspector General of the Intelligence Community -SEC. 9313. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE PROCESS. +SEC. 5331. DEFINITIONS. + In this subtitle: + (1) Whistleblower.--The term ``whistleblower'' means a person + who makes a whistleblower disclosure. + (2) Whistleblower disclosure.--The term ``whistleblower + disclosure'' means a disclosure that is protected under section + 1104 of the National Security Act of 1947 (50 U.S.C. 3234) or + section 3001(j)(1) of the Intelligence Reform and Terrorism + Prevention Act of 2004 (50 U.S.C. 3341(j)). +SEC. 5332. INSPECTOR GENERAL EXTERNAL REVIEW PANEL. + (a) Authority to Convene External Review Panels.-- + (1) In general.--Title XI of the National Security Act of 1947 + (50 U.S.C. 3231 et seq.), as amended by section 6718, is amended by + adding at the end the following new section: +``SEC. 1106. INSPECTOR GENERAL EXTERNAL REVIEW PANEL. + ``(a) Request for Review.--An individual with a claim described in +subsection (b) may submit to the Inspector General of the Intelligence +Community a request for a review of such claim by an external review +panel convened under subsection (c). + ``(b) Claims and Individuals Described.--A claim described in this +subsection is any-- + ``(1) claim by an individual-- + ``(A) that the individual has been subjected to a personnel + action that is prohibited under section 1104; and + ``(B) who has exhausted the applicable review process for + the claim pursuant to enforcement of such section; or + ``(2) claim by an individual-- + ``(A) that he or she has been subjected to a reprisal + prohibited by paragraph (1) of section 3001(j) of the + Intelligence Reform and Terrorism Prevention Act of 2004 (50 + U.S.C. 3341(j)); and + ``(B) who received a decision on an appeal regarding that + claim under paragraph (4) of such section. + ``(c) External Review Panel Convened.-- + ``(1) Discretion to convene.--Upon receipt of a request under + subsection (a) regarding a claim, the Inspector General of the + Intelligence Community may, at the discretion of the Inspector + General, convene an external review panel under this subsection to + review the claim. + ``(2) Membership.-- + ``(A) Composition.--An external review panel convened under + this subsection shall be composed of three members as follows: + ``(i) The Inspector General of the Intelligence + Community. + ``(ii) Except as provided in subparagraph (B), two + members selected by the Inspector General as the Inspector + General considers appropriate on a case-by-case basis from + among inspectors general of the following: + + ``(I) The Department of Defense. + ``(II) The Department of Energy. + ``(III) The Department of Homeland Security. + ``(IV) The Department of Justice. + ``(V) The Department of State. + ``(VI) The Department of the Treasury. + ``(VII) The Central Intelligence Agency. + ``(VIII) The Defense Intelligence Agency. + ``(IX) The National Geospatial-Intelligence Agency. + ``(X) The National Reconnaissance Office. + ``(XI) The National Security Agency. + + ``(B) Limitation.--An inspector general of an agency may + not be selected to sit on the panel under subparagraph (A)(ii) + to review any matter relating to a decision made by such + agency. + ``(C) Chairperson.-- + ``(i) In general.--Except as provided in clause (ii), + the chairperson of any panel convened under this subsection + shall be the Inspector General of the Intelligence + Community. + ``(ii) Conflicts of interest.--If the Inspector General + of the Intelligence Community finds cause to recuse himself + or herself from a panel convened under this subsection, the + Inspector General of the Intelligence Community shall-- + + ``(I) select a chairperson from inspectors general + of the elements listed under subparagraph (A)(ii) whom + the Inspector General of the Intelligence Community + considers appropriate; and + ``(II) notify the congressional intelligence + committees of such selection. + + ``(3) Period of review.--Each external review panel convened + under this subsection to review a claim shall complete review of + the claim no later than 270 days after the date on which the + Inspector General convenes the external review panel. + ``(d) Remedies.-- + ``(1) Panel recommendations.--If an external review panel + convened under subsection (c) determines, pursuant to a review of a + claim submitted by an individual under subsection (a), that the + individual was the subject of a personnel action prohibited under + section 1104 or was subjected to a reprisal prohibited by section + 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act + of 2004 (50 U.S.C. 3341(j)(1)), the panel may recommend that the + agency head take corrective action-- + ``(A) in the case of an employee or former employee-- + ``(i) to return the employee or former employee, as + nearly as practicable and reasonable, to the position such + employee or former employee would have held had the + reprisal not occurred; or + ``(ii) reconsider the employee's or former employee's + eligibility for access to classified information consistent + with national security; or + ``(B) in any other case, such other action as the external + review panel considers appropriate. + ``(2) Agency action.-- + ``(A) In general.--Not later than 90 days after the date on + which the head of an agency receives a recommendation from an + external review panel under paragraph (1), the head shall-- + ``(i) give full consideration to such recommendation; + and + ``(ii) inform the panel and the Director of National + Intelligence of what action the head has taken with respect + to the recommendation. + ``(B) Failure to inform.--The Director shall notify the + President of any failures to comply with subparagraph (A)(ii). + ``(e) Annual Reports.-- + ``(1) In general.--Not less frequently than once each year, the + Inspector General of the Intelligence Community shall submit to the + congressional intelligence committees and the Director of National + Intelligence a report on the activities under this section during + the previous year. + ``(2) Contents.--Subject to such limitations as the Inspector + General of the Intelligence Community considers necessary to + protect the privacy of an individual who has made a claim described + in subsection (b), each report submitted under paragraph (1) shall + include, for the period covered by the report, the following: + ``(A) The determinations and recommendations made by the + external review panels convened under this section. + ``(B) The responses of the heads of agencies that received + recommendations from the external review panels.''. + (2) Table of contents amendment.--The table of contents in the + first section of the National Security Act of 1947, as amended by + section 6718, is amended by adding at the end the following new + item: + +``Sec. 1106. Inspector General external review panel.''. + (b) Recommendation on Addressing Whistleblower Appeals Relating to +Reprisal Complaints Against Inspectors General.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Inspector General of the Intelligence + Community, in consultation with the Intelligence Community + Inspectors General Forum, shall submit to the congressional + intelligence committees a recommendation on how to ensure that-- + (A) a whistleblower in the intelligence community who has a + complaint against an inspector general in the intelligence + community and who alleges a reprisal, has available the + adjudication and review provided under section 1104 of the + National Security Act of 1947 (50 U.S.C. 3234); and + (B) any such whistleblower who has exhausted the applicable + review process may request an external review panel and receive + one, at the discretion of the Inspector General of the + Intelligence Community. + (2) Contents.--The recommendation submitted pursuant to + paragraph (1) shall include the following: + (A) A discussion of whether and to what degree section 1106 + of the National Security Act of 1947, as added by subsection + (a)(1), provides appropriate authorities and mechanisms to + provide an external review panel as described in paragraph (1) + of this subsection and for the purposes described in such + paragraph. + (B) Such recommendations for legislative or administrative + action as the Inspector General may have with respect to + providing an external review panel as described in paragraph + (1) and for the purposes described in such paragraph. +SEC. 5333. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND PROCEDURES. + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Inspector General of the Intelligence +Community, in coordination with the Intelligence Community Inspectors +General Forum, shall develop recommendations, applicable to all +inspectors general of elements of the intelligence community, regarding +the harmonization, where appropriate, of instructions, policies, and +directives relating to processes, procedures, and timelines for claims +and appeals relating to allegations of personnel actions prohibited +under section 1104 of the National Security Act of 1947 or reprisals +prohibited by section 3001(j)(1) of the Intelligence Reform and +Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)). + (b) Transparency and Protection.--In developing recommendations +under subsection (a), the Inspector General of the Intelligence +Community shall make efforts to maximize transparency and protect +whistleblowers. +SEC. 5334. OVERSIGHT BY INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY +OVER INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS. + (a) System for Notification of Information Relating to Complaints +by Whistleblowers Within the Intelligence Community.--Subject to +subsection (b), not later than 1 year after the date of the enactment +of this Act, the Inspector General of the Intelligence Community, in +consultation with the Intelligence Community Inspectors General Forum, +shall establish a system whereby the Inspector General of the +Intelligence Community is notified in near real time of the following: + (1) Submission of complaints by whistleblowers to inspectors + general of elements of the intelligence community relating to the + programs and activities under the jurisdiction of the Director of + National Intelligence, and information related to such complaints. + (2) Actions taken by an inspector general of an element of the + Intelligence Community relating to such complaints. + (b) Policies for Implementation.-- + (1) In general.--The system established under subsection (a) + may not be implemented until the Inspector General of the + Intelligence Community, in consultation with the Intelligence + Community Inspectors General Forum, has developed and released to + each of the inspectors general of the elements of the intelligence + community written policies regarding the implementation of such + subsection. + (2) Requirements.--The policies required by paragraph (1) + shall-- + (A) protect the privacy of whistleblowers, including by + preventing dissemination without the consent of the + whistleblower, of any information submitted previously by a + whistleblower to an inspector general of an element of the + intelligence community; and + (B) ensure compliance with the requirements of subsection + (a), while-- + (i) ensuring that the Inspector General of the + Intelligence Community can oversee whistleblower policies + and practices and identify matters that, in the judgment of + the Inspector General of the Intelligence Community, may be + the subject of an investigation, inspection, audit, or + review by the Inspector General of the Intelligence + Community; and + (ii) avoiding the imposition of inappropriate resource + burdens on inspectors general of elements of the + intelligence community. +SEC. 5335. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS. + (a) Report Required.--Not later than 1 year after the date of the +enactment of this Act, the Director of National Intelligence shall, in +coordination with the Inspector General of the Intelligence Community +and the Intelligence Community Inspectors General Forum, submit to the +congressional intelligence committees a report on access to cleared +attorneys by whistleblowers in the intelligence community. + (b) Contents.--The report submitted pursuant to subsection (a) +shall include the following with respect to the 3-year period preceding +the date of the report: + (1) The number of whistleblowers in the intelligence community + who requested, through formal submission or verbal request, to + retain a cleared attorney and at what stage they requested an + attorney. + (2) The number of such limited security agreements approved, + rejected, or pending. + (3) The scope and clearance levels of such limited security + agreements. + (4) The number of such whistleblowers represented by cleared + counsel. + (5) Recommendations for legislative or administrative action to + ensure that whistleblowers in the intelligence community have + access to cleared attorneys, including improvements to the limited + security agreement process and such other options as the Inspector + General of the Intelligence Community considers appropriate. + (c) Survey.--The Inspector General of the Intelligence Community +shall ensure that the report submitted under subsection (a) is based +on-- + (1) data from a survey of whistleblowers whose identity may be + shared, as appropriate, with the Inspector General of the + Intelligence Community by means of the system established pursuant + to section 5334; + (2) information obtained from the inspectors general of the + intelligence community; or + (3) information from such other sources as may be identified by + the Inspector General of the Intelligence Community. + + Subtitle D--Central Intelligence Agency + +SEC. 5341. CLARIFICATION OF CERTAIN AUTHORITY OF THE CENTRAL +INTELLIGENCE AGENCY. + Section 8(a)(1) of the Central Intelligence Agency Act of 1949 (50 +U.S.C. 3510(a)(1)) is amended by inserting before ``rental of'' the +following: ``payment of death benefits in cases in which the +circumstances of the death of an employee of the Agency, a detailee of +the Agency or other employee of another department or agency of the +Federal Government assigned to the Agency, or an individual affiliated +with the Agency (as determined by the Director), is not covered by +section 11, other similar provisions of Federal law, or any regulation +issued by the Director providing death benefits, but that the Director +determines such payment appropriate;''. + + TITLE LIV--SECURITY CLEARANCES + +SEC. 5401. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE PROCESS. (a) Definition of Security Executive Agent.--In this section, the term ``Security Executive Agent'' means the officer serving as the Security Executive Agent pursuant to section 803 of the National -Security Act of 1947, as added by section 10605 of division G. +Security Act of 1947, as added by section 6605. (b) Policy Required.--Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall issue a policy that requires the head of each Federal agency to create, not @@ -41896,22 +54538,20 @@ human resources personnel and applicants for security clearances to view information about the status of an application for a security clearance and the average time required for each phase of the security clearance process. - -SEC. 9314. MAKING CERTAIN POLICIES AND EXECUTION PLANS RELATING TO - PERSONNEL CLEARANCES AVAILABLE TO INDUSTRY PARTNERS. - +SEC. 5402. MAKING CERTAIN POLICIES AND EXECUTION PLANS RELATING TO +PERSONNEL CLEARANCES AVAILABLE TO INDUSTRY PARTNERS. (a) Definitions.--In this section: - (1) Appropriate industry partner.--The term ``appropriate - industry partner'' means a contractor, licensee, or grantee (as - defined in section 101(a) of Executive Order 12829 (50 U.S.C. - 3161 note; relating to National Industrial Security Program), - as in effect on the day before the date of the enactment of - this Act) that is participating in the National Industrial - Security Program established by such Executive Order. - (2) Security executive agent.--The term ``Security - Executive Agent'' means the officer serving as the Security - Executive Agent pursuant to section 803 of the National - Security Act of 1947, as added by section 10605 of division G. + (1) Security executive agent.--The term ``Security Executive + Agent'' means the officer serving as the Security Executive Agent + pursuant to section 803 of the National Security Act of 1947, as + added by section 6605. + (2) Appropriate industry partner.--The term ``appropriate + industry partner'' means a contractor, licensee, or grantee (as + defined in section 101(a) of Executive Order 12829 (50 U.S.C. 3161 + note; relating to National Industrial Security Program), as in + effect on the day before the date of the enactment of this Act) + that is participating in the National Industrial Security Program + established by such Executive Order. (b) Sharing of Policies and Plans Required.--Each head of a Federal agency shall share policies and plans relating to security clearances with appropriate industry partners directly affected by such policies @@ -41929,353 +54569,1168 @@ need to know can have appropriate access to the policies and plans shared pursuant to subsection (b) that directly affect those industry partners. - Subtitle C--Inspector General of the Intelligence Community - -SEC. 9321. DEFINITIONS. - - In this subtitle: - (1) Whistleblower.--The term ``whistleblower'' means a - person who makes a whistleblower disclosure. - (2) Whistleblower disclosure.--The term ``whistleblower - disclosure'' means a disclosure that is protected under section - 1104 of the National Security Act of 1947 (50 U.S.C. 3234) or - section 3001(j)(1) of the Intelligence Reform and Terrorism - Prevention Act of 2004 (50 U.S.C. 3341(j)). - -SEC. 9322. INSPECTOR GENERAL EXTERNAL REVIEW PANEL. - - (a) Authority to Convene External Review Panels.-- - (1) In general.--Title XI of the National Security Act of - 1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end - the following new section: - -``SEC. 1105. INSPECTOR GENERAL EXTERNAL REVIEW PANEL. + TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES + Subtitle A--Matters Relating to Russia + +SEC. 5501. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE +UNITED STATES BY THE RUSSIAN FEDERATION. + (a) Reports.--Title XI of the National Security Act of 1947 (50 +U.S.C. 3231 et seq.), as amended by section 5511, is further amended by +adding at the end the following new section: +``SEC. 1108. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN +THE UNITED STATES BY THE RUSSIAN FEDERATION. + ``(a) Requirement.--On an annual basis, the Director of the +National Counterintelligence and Security Center shall submit to the +congressional intelligence committees a report on the influence +operations and campaigns in the United States conducted by the Russian +Federation. + ``(b) Contents.--Each report under subsection (a) shall include the +following: + ``(1) A description and listing of the Russian organizations + and persons involved in influence operations and campaigns + operating in the United States as of the date of the report. + ``(2) An assessment of organizations that are associated with + or receive funding from organizations and persons identified in + paragraph (1), particularly such entities operating in the United + States. + ``(3) A description of the efforts by the organizations and + persons identified in paragraph (1) to target, coerce, and + influence populations within the United States. + ``(4) An assessment of the activities of the organizations and + persons identified in paragraph (1) designed to influence the + opinions of elected leaders of the United States or candidates for + election in the United States. + ``(5) With respect to reports submitted after the first report, + an assessment of the change in goals, tactics, techniques, and + procedures of the influence operations and campaigns conducted by + the organizations and persons identified in paragraph (1). + ``(c) Coordination.--In carrying out subsection (a), the Director +shall coordinate with the Director of the Federal Bureau of +Investigation, the Director of the Central Intelligence Agency, the +Director of the National Security Agency, and any other relevant head +of an element of the intelligence community. + ``(d) Form.--Each report submitted under subsection (a) shall be +submitted in unclassified form, but may include a classified annex.''. + (b) Clerical Amendment.--The table of contents in the first section +of the National Security Act of 1947, as amended by section 5511, is +further amended by inserting after the item relating to section 1107 +the following new item: - ``(a) Request for Review.--An individual with a claim described in -subsection (b) may submit to the Inspector General of the Intelligence -Community a request for a review of such claim by an external review -panel convened under subsection (c). - ``(b) Claims and Individuals Described.--A claim described in this -subsection is any-- - ``(1) claim by an individual-- - ``(A) that the individual has been subjected to a - personnel action that is prohibited under section 1104; - and - ``(B) who has exhausted the applicable review - process for the claim pursuant to enforcement of such - section; or - ``(2) claim by an individual-- - ``(A) that he or she has been subjected to a - reprisal prohibited by paragraph (1) of section 3001(j) - of the Intelligence Reform and Terrorism Prevention Act - of 2004 (50 U.S.C. 3341(j)); and - ``(B) who received a decision on an appeal - regarding that claim under paragraph (4) of such - section. - ``(c) External Review Panel Convened.-- - ``(1) Discretion to convene.--Upon receipt of a request - under subsection (a) regarding a claim, the Inspector General - of the Intelligence Community may, at the discretion of the - Inspector General, convene an external review panel under this - subsection to review the claim. - ``(2) Membership.-- - ``(A) Composition.--An external review panel - convened under this subsection shall be composed of - three members as follows: - ``(i) The Inspector General of the - Intelligence Community. - ``(ii) Except as provided in subparagraph - (B), two members selected by the Inspector - General as the Inspector General considers - appropriate on a case-by-case basis from among - inspectors general of the following: - ``(I) The Department of Defense. - ``(II) The Department of Energy. - ``(III) The Department of Homeland - Security. - ``(IV) The Department of Justice. - ``(V) The Department of State. - ``(VI) The Department of the - Treasury. - ``(VII) The Central Intelligence - Agency. - ``(VIII) The Defense Intelligence - Agency. - ``(IX) The National Geospatial- - Intelligence Agency. - ``(X) The National Reconnaissance - Office. - ``(XI) The National Security - Agency. - ``(B) Limitation.--An inspector general of an - agency may not be selected to sit on the panel under - subparagraph (A)(ii) to review any matter relating to a - decision made by such agency. - ``(C) Chairperson.-- - ``(i) In general.--Except as provided in - clause (ii), the chairperson of any panel - convened under this subsection shall be the - Inspector General of the Intelligence - Community. - ``(ii) Conflicts of interest.--If the - Inspector General of the Intelligence Community - finds cause to recuse himself or herself from a - panel convened under this subsection, the - Inspector General of the Intelligence Community - shall-- - ``(I) select a chairperson from - inspectors general of the elements - listed under subparagraph (A)(ii) whom - the Inspector General of the - Intelligence Community considers - appropriate; and - ``(II) notify the congressional - intelligence committees of such - selection. - ``(3) Period of review.--Each external review panel - convened under this subsection to review a claim shall complete - review of the claim no later than 270 days after the date on - which the Inspector General convenes the external review panel. - ``(d) Remedies.-- - ``(1) Panel recommendations.--If an external review panel - convened under subsection (c) determines, pursuant to a review - of a claim submitted by an individual under subsection (a), - that the individual was the subject of a personnel action - prohibited under section 1104 or was subjected to a reprisal - prohibited by section 3001(j)(1) of the Intelligence Reform and - Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), the - panel may recommend that the agency head take corrective - action-- - ``(A) in the case of an employee or former - employee-- - ``(i) to return the employee or former - employee, as nearly as practicable and - reasonable, to the position such employee or - former employee would have held had the - reprisal not occurred; or - ``(ii) reconsider the employee's or former - employee's eligibility for access to classified - information consistent with national security; - or - ``(B) in any other case, such other action as the - external review panel considers appropriate. - ``(2) Agency action.-- - ``(A) In general.--Not later than 90 days after the - date on which the head of an agency receives a - recommendation from an external review panel under - paragraph (1), the head shall-- - ``(i) give full consideration to such - recommendation; and - ``(ii) inform the panel and the Director of - National Intelligence of what action the head - has taken with respect to the recommendation. - ``(B) Failure to inform.--The Director shall notify - the President of any failures to comply with - subparagraph (A)(ii). - ``(e) Annual Reports.-- - ``(1) In general.--Not less frequently than once each year, - the Inspector General of the Intelligence Community shall - submit to the congressional intelligence committees and the - Director of National Intelligence a report on the activities - under this section during the previous year. - ``(2) Contents.--Subject to such limitations as the - Inspector General of the Intelligence Community considers - necessary to protect the privacy of an individual who has made - a claim described in subsection (b), each report submitted - under paragraph (1) shall include, for the period covered by - the report, the following: - ``(A) The determinations and recommendations made - by the external review panels convened under this - section. - ``(B) The responses of the heads of agencies that - received recommendations from the external review - panels.''. - (2) Table of contents amendment.--The table of contents in - the first section of the National Security Act of 1947 is - amended by adding at the end the following new item: - -``Sec. 1105. Inspector General external review panel.''. - (b) Recommendation on Addressing Whistleblower Appeals Relating to -Reprisal Complaints Against Inspectors General.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Inspector General of the - Intelligence Community shall submit to the congressional - intelligence committees a recommendation on how to ensure - that-- - (A) a whistleblower in the intelligence community - who has a complaint against an inspector general in the - intelligence community and who alleges a reprisal, has - available the agency adjudication and appellate review - provided under section 1104 of the National Security - Act of 1947 (50 U.S.C. 3234); and - (B) any such whistleblower who has exhausted the - applicable review process may request an external - review panel and receive one, at the discretion of the - Inspector General of the Intelligence Community. - (2) Contents.--The recommendation submitted pursuant to - paragraph (1) shall include the following: - (A) A discussion of whether and to what degree - section 1105 of the National Security Act of 1947, as - added by subsection (a)(1), provides appropriate - authorities and mechanisms to provide an external - review panel as described in paragraph (1) of this - subsection and for the purposes described in such - paragraph. - (B) Such recommendations for legislative or - administrative action as the Inspector General may have - with respect to providing an external review panel as - described in paragraph (1) and for the purposes - described in such paragraph. - -SEC. 9323. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND PROCEDURES. +``Sec. 1108. Annual reports on influence operations and campaigns in the + United States by the Russian Federation.''. - (a) In General.--Not later than 270 days after the date of the -enactment of this Act, the Inspector General of the Intelligence -Community, in coordination with the Intelligence Community Inspectors -General Forum, shall develop recommendations, applicable to all -inspectors general of elements of the intelligence community, regarding -the harmonization of instructions, policies, and directives relating to -processes, procedures, and timelines for claims and appeals relating to -allegations of personnel actions prohibited under section 1104 of the -National Security Act of 1947 or reprisals prohibited by section -3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of -2004 (50 U.S.C. 3341(j)(1)). - (b) Transparency and Protection.--In developing recommendations -under subsection (a), the Inspector General of the Intelligence -Community shall make efforts to maximize transparency and protect -whistleblowers. + (c) Initial Report.--The Director of the National +Counterintelligence and Security Center shall submit to the +congressional intelligence committees the first report under section +1108 of the National Security Act of 1947, as added by subsection (a), +by not later than 180 days after the date of the enactment of this Act. +SEC. 5502. ASSESSMENT OF LEGITIMATE AND ILLEGITIMATE FINANCIAL AND +OTHER ASSETS OF VLADIMIR PUTIN. + (a) Sense of Congress.--It is the sense of Congress that the United +States should do more to expose the corruption of Vladimir Putin, whose +ill-gotten wealth is perhaps the most powerful global symbol of his +dishonesty and his persistent efforts to undermine the rule of law and +democracy in the Russian Federation. + (b) Assessment.--Not later than 180 days after the date of the +enactment of this Act, consistent with the protection of intelligence +sources and methods, the Director of National Intelligence shall submit +to the appropriate congressional committees an assessment, based on all +sources of intelligence, on the net worth and financial and other +assets, legitimate as well as illegitimate, of Vladimir Putin and his +family members, including-- + (1) the estimated net worth of Vladimir Putin and his family + members; + (2) a description of their legitimately and illegitimately + obtained assets, including all real, personal, and intellectual + property, bank or investment or similar accounts, and any other + financial or business interests or holdings, including those + outside of Russia; + (3) the details of the legitimately and illegitimately obtained + assets, including real, personal, and intellectual property, bank + or investment or similar accounts, and any other financial or + business interests or holdings, including those outside of Russia, + that are owned or controlled by, accessible to, or otherwise + maintained for the benefit of Vladimir Putin, including their + nature, location, manner of acquisition, value, and publicly named + owner (if other than Vladimir Putin); + (4) the methods used by Vladimir Putin or others acting at his + direction, with his knowledge, or for his benefit, to conceal + Putin's interest in his accounts, holdings, or other assets, + including the establishment of ``front'' or shell companies and the + use of intermediaries; and + (5) an identification of the most significant senior Russian + political figures, oligarchs, and any other persons who have + engaged in activity intended to conceal the true financial + condition of Vladimir Putin. + (c) Form.--The assessment required under subsection (b) shall be +submitted either-- + (1) in unclassified form to the extent consistent with the + protection of intelligence sources and methods, and may include a + classified annex; or + (2) simultaneously as both an unclassified version and a + classified version. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Select Committee on Intelligence, the Committee on + Foreign Relations, the Committee on Banking, Housing, and Urban + Affairs, and the Committee on Finance of the Senate; and + (2) the Permanent Select Committee on Intelligence, Committee + on Foreign Affairs, the Committee on Financial Services, and the + Committee on Ways and Means of the House of Representatives. +SEC. 5503. ASSESSMENTS OF INTENTIONS OF POLITICAL LEADERSHIP OF THE +RUSSIAN FEDERATION. + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, consistent with the protection of intelligence +sources and methods, the Director of National Intelligence, and the +head of any element of the intelligence community that the Director +determines appropriate, shall submit to the appropriate congressional +committees each of the assessments described in subsection (b). + (b) Assessments Described.--The assessments described in this +subsection are assessments based on intelligence obtained from all +sources that assess the current intentions of the political leadership +of the Russian Federation with respect to the following: + (1) Potential military action against members of the North + Atlantic Treaty Organization (NATO). + (2) Potential responses to an enlarged United States or NATO + military presence in eastern Europe or to increased United States + military support for allies and partners in the region, such as the + provision of additional lethal military equipment to Ukraine or + Georgia. + (3) Potential actions taken for the purpose of exploiting + perceived divisions among the governments of Russia's Western + adversaries. + (c) Form.--Each assessment required under subsection (a) may be +submitted in classified form but shall also include an unclassified +executive summary, consistent with the protection of intelligence +sources and methods. + (d) Appropriate Congressional Committees.--In this section, the +term ``appropriate congressional committees'' means-- + (1) the Permanent Select Committee on Intelligence, the + Committee on Foreign Affairs, and the Committee on Armed Services + of the House of Representatives; and + (2) the Select Committee on Intelligence, the Committee on + Foreign Relations, and the Committee on Armed Services of the + Senate. + + Subtitle B--Matters Relating to China + +SEC. 5511. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE +UNITED STATES BY THE COMMUNIST PARTY OF CHINA. + (a) Reports.--Title XI of the National Security Act of 1947 (50 +U.S.C. 3231 et seq.), as amended by section 5332, is further amended by +adding at the end the following new section: +``SEC. 1107. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN +THE UNITED STATES BY THE COMMUNIST PARTY OF CHINA. + ``(a) Requirement.--On an annual basis, consistent with the +protection of intelligence sources and methods, the Director of the +National Counterintelligence and Security Center shall submit to the +congressional intelligence committees, the Committee on Foreign Affairs +of the House of Representatives, and the Committee on Foreign Relations +of the Senate a report on the influence operations and campaigns in the +United States conducted by the Communist Party of China. + ``(b) Contents.--Each report under subsection (a) shall include the +following: + ``(1) A description of the organization of the United Front + Work Department of the People's Republic of China, or the + successors of the United Front Work Department, and the links + between the United Front Work Department and the Central Committee + of the Communist Party of China. + ``(2) An assessment of the degree to which organizations that + are associated with or receive funding from the United Front Work + Department, particularly such entities operating in the United + States, are formally tasked by the Chinese Communist Party or the + Government of China. + ``(3) A description of the efforts by the United Front Work + Department and subsidiary organizations of the United Front Work + Department to target, coerce, and influence foreign populations, + particularly those of ethnic Chinese descent. + ``(4) An assessment of attempts by the Chinese Embassy, + consulates, and organizations affiliated with the Chinese Communist + Party (including, at a minimum, the United Front Work Department) + to influence the United States-based Chinese Student Scholar + Associations. + ``(5) A description of the evolution of the role of the United + Front Work Department under the leadership of the President of + China. + ``(6) An assessment of the activities of the United Front Work + Department designed to influence the opinions of elected leaders of + the United States, or candidates for elections in the United + States, with respect to issues of importance to the Chinese + Communist Party. + ``(7) A listing of all known organizations affiliated with the + United Front Work Department that are operating in the United + States as of the date of the report. + ``(8) With respect to reports submitted after the first report, + an assessment of the change in goals, tactics, techniques, and + procedures of the influence operations and campaigns conducted by + the Chinese Communist Party. + ``(c) Coordination.--In carrying out subsection (a), the Director +shall coordinate with the Director of the Federal Bureau of +Investigation, the Director of the Central Intelligence Agency, the +Director of the National Security Agency, and any other relevant head +of an element of the intelligence community. + ``(d) Form.--Each report submitted under subsection (a) shall be +submitted in unclassified form, but may include a classified annex.''. + (b) Clerical Amendment.--The table of contents in the first section +of the National Security Act of 1947, as amended by section 5332, is +further amended by inserting after the item relating to section 1106 +the following new item: -SEC. 9324. INTELLIGENCE COMMUNITY OVERSIGHT OF AGENCY WHISTLEBLOWER - ACTIONS. - - (a) Feasibility Study.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Inspector General of the - Intelligence Community, in consultation with the Intelligence - Community Inspectors General Forum, shall complete a - feasibility study on establishing a hotline whereby all - complaints of whistleblowers relating to the intelligence - community are automatically referred to the Inspector General - of the Intelligence Community. - (2) Elements.--The feasibility study conducted pursuant to - paragraph (1) shall include the following: - (A) The anticipated number of annual whistleblower - complaints received by all elements of the intelligence - community. - (B) The additional resources required to implement - the hotline, including personnel and technology. - (C) The resulting budgetary effects. - (D) Findings from the system established pursuant - to subsection (b). - (b) Oversight System Required.--Not later than 180 days after the -date of the enactment of this Act, the Inspector General of the -Intelligence Community shall establish a system whereby the Inspector -General is provided, in near real time, the following: - (1) All information relating to complaints by - whistleblowers relating to the programs and activities under - the jurisdiction of the Director of National Intelligence. - (2) Any inspector general actions relating to such - complaints. - (c) Privacy Protections.-- - (1) Policies and procedures required.--Before establishing - the system required by subsection (b), the Inspector General of - the Intelligence Community shall establish policies and - procedures to protect the privacy of whistleblowers and protect - against further dissemination of whistleblower information - without consent of the whistleblower. - (2) Control of distribution.--The system established under - subsection (b) shall provide whistleblowers the option of - prohibiting distribution of their complaints to the Inspector - General of the Intelligence Community. - -SEC. 9325. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS. +``Sec. 1107. Annual reports on influence operations and campaigns in the + United States by the Communist Party of China.''. + + (c) Initial Report.--The Director of the National +Counterintelligence and Security Center shall submit to the +congressional intelligence committees, the Committee on Foreign Affairs +of the House of Representatives, and the Committee on Foreign Relations +of the Senate the first report under section 1107 of the National +Security Act of 1947, as added by subsection (a), by not later than 180 +days after the date of the enactment of this Act. +SEC. 5512. REPORT ON REPRESSION OF ETHNIC MUSLIM MINORITIES IN THE +XINJIANG REGION OF THE PEOPLE'S REPUBLIC OF CHINA. + (a) Report.--Not later than 150 days after the date of the +enactment of this Act, consistent with the protection of intelligence +sources and methods, the Director of National Intelligence shall, in +consultation with the Secretary of State, submit to the congressional +intelligence committees, the Committee on Foreign Affairs of the House +of Representatives, and the Committee on Foreign Relations of the +Senate a report on activity by the People's Republic of China to +repress ethnic Muslim minorities in the Xinjiang region of China. + (b) Contents.--The report under subsection (a) shall include the +following: + (1) An assessment of the number of individuals detained in + ``political reeducation camps'', and the conditions in such camps + for detainees, in the Xinjiang region of China, including whether + detainees endure torture, forced renunciation of faith, or other + mistreatment. + (2) A description, as possible, of the geographic location of + such camps. + (3) A description, as possible, of the methods used by China to + ``reeducate'' detainees and the elements of China responsible for + such ``reeducation''. + (4) A description of any forced labor in such camps, and any + labor performed in regional factories for low wages under the + threat of being sent back to ``political reeducation camps''. + (5) An assessment of the level of access China grants to + foreign persons observing the situation in Xinjiang and a + description of measures used to impede efforts to monitor the + conditions in Xinjiang. + (6) An assessment of the surveillance, detection, and control + methods used by China to target ethnic minorities, including new + ``high-tech'' policing models and a description of any civil + liberties or privacy protections provided under such models. + (7) An assessment and identification of the technological and + financial support provided by United States-based companies, + including technological support for the development of facial + recognition capabilities or technologies for digital surveillance, + social control, or censorship, and financial support, including + from financial institutions, investment vehicles, and pension + funds, to China-based companies or Chinese government entities + providing material support to the digital surveillance or + repression of Uyghur and other ethnic minorities in Xinjiang by the + Xinjiang authorities. + (c) Coordination.--The Director of National Intelligence shall +carry out subsection (a) in coordination with the Director of the +Central Intelligence Agency, the Director of the National Security +Agency, the Director of the National Geospatial-Intelligence Agency, +and the head of any other agency of the Federal Government that the +Director of National Intelligence determines appropriate. + (d) Form.--The report submitted under subsection (a) shall be +submitted in unclassified form, but may include a classified annex. +SEC. 5513. REPORT ON EFFORTS BY PEOPLE'S REPUBLIC OF CHINA TO INFLUENCE +ELECTION IN TAIWAN. + (a) Report.--Consistent with section 3(c) of the Taiwan Relations +Act (Public Law 96-8; 22 U.S.C. 3302(c)), and consistent with the +protection of intelligence sources and methods, not later than 45 days +after the date of the election for the President and Vice President of +Taiwan in 2020, the Director of National Intelligence shall submit to +the congressional intelligence committees, the Committee on Foreign +Affairs of the House of Representatives, and the Committee on Foreign +Relations of the Senate a report on any-- + (1) influence operations conducted by China to interfere in or + undermine such election; and + (2) efforts by the United States to disrupt such operations. + (b) Elements.--The report under subsection (a) shall include the +following: + (1) A description of any significant efforts by the + intelligence community to coordinate technical and material support + for Taiwan to identify, disrupt, and combat influence operations + specified in subsection (a)(1). + (2) A description of any efforts by the United States + Government to build the capacity of Taiwan to disrupt external + efforts that degrade a free and fair election process. + (3) An assessment of whether and to what extent China conducted + influence operations specified in subsection (a)(1), and, if such + operations occurred-- + (A) a comprehensive list of specific governmental and + nongovernmental entities of China that were involved in + supporting such operations and a description of the role of + each such entity; and + (B) an identification of any tactics, techniques, and + procedures used in such operations. + (c) Form.--The report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. - (a) Report Required.--Not later than 1 year after the date of the -enactment of this Act, the Inspector General of the Intelligence -Community shall submit to the congressional intelligence committees a -report on access to cleared attorneys by whistleblowers in the -intelligence community. - (b) Contents.--The report submitted pursuant to subsection (a) -shall include the following: - (1) The number of whistleblowers in the intelligence - community who sought to retain a cleared attorney and at what - stage they sought such an attorney. - (2) For the 3-year period preceding the report, the + Subtitle C--Matters Relating to Other Countries + +SEC. 5521. SENSE OF CONGRESS AND REPORT ON IRANIAN EFFORTS IN SYRIA AND +LEBANON. + (a) Sense of Congress.--It is the sense of Congress that, +regardless of the ultimate number of United States military personnel +deployed to Syria, it is a vital interest of the United States to +prevent the Islamic Republic of Iran, Hizballah, and other Iranian- +backed forces from establishing a strong and enduring presence in Syria +that can be used to project power in the region and threaten the United +States and its allies, including Israel. + (b) Report.-- + (1) Report required.--Not later than 180 days after the date of + the enactment of this Act, the Director of National Intelligence, + in coordination with the Secretary of State and the Secretary of + Defense, shall submit to the appropriate congressional committees a + report that assesses-- + (A) efforts by Iran to establish long-term influence in + Syria through military, political, economic, social, and + cultural means; + (B) the degree to which Iranian support of proxy forces in + Syria and Lebanon contributes to Iranian strategy with respect + to the region; and + (C) the threat posed by the efforts described in + subparagraph (A) to United States interests and allies. + (2) Elements.--The report under paragraph (1) shall include + each of the following: + (A) An assessment of-- + (i) how Iran and Iranian-backed forces, including the + Islamic Revolutionary Guard Corps and Hizballah, have + provided or are currently providing manpower, training, + weapons, equipment, and funding to the Syrian government + led by President Bashar al-Assad; + (ii) the support provided by Iran and Hizballah to Shia + militias operating in Syria composed of domestic fighters + from Syria and foreign fighters from countries such as + Afghanistan, Iraq, Lebanon, and Pakistan; + (iii) operational lessons learned by Hizballah based on + the recent experiences of Hizballah in Syria; + (iv) the threat posed by Iran and Iranian-backed forces + to-- + + (I) the al-Tanf garrison; and + (II) areas of northeast Syria that are currently + controlled by local partner forces of the United + States; + + (v) the degree to which efforts of the United States to + sustain and strengthen Kurdish forces in Syria may + undermine the influence of Iran and Iranian-backed forces + in Syria; + (vi) how Iran and Iranian-backed forces seek to enhance + the long-term influence of such entities in Syria through + non-military means such as purchasing strategic real estate + in Syria, constructing Shia religious centers and schools, + securing loyalty from Sunni tribes in exchange for material + assistance, and inducing the Assad government to open + Farsi-language departments at Syrian universities; + (vii) whether the prominent role of Iran in Syria, + including the influence of Iran over government + institutions, may increase the likelihood of the + reconstitution of the Islamic State of Iraq and Syria in + Syria; and + (viii) the provision of goods, services, or technology + transferred by Iran or its affiliates to Hizballah for the + purpose of indigenously manufacturing or otherwise + producing missiles. + (B) An analysis of-- + (i) how Iran is working with the Russian Federation, + Turkey, and other countries to increase the influence of + Iran in Syria; + (ii) the goals of Iran in Syria, including, but not + limited to, protecting the Assad government, increasing the + regional influence of Iran, threatening Israel from a more + proximate location, building weapon-production facilities + and other military infrastructure, and securing a land + bridge to connect Iran through Iraq and Syria to the + stronghold of Hizballah in southern Lebanon; and + (iii) the foreign and domestic supply chains that + significantly facilitate, support, or otherwise aid + acquisition or development by Hizballah of missile + production facilities, including the geographic + distribution of such foreign and domestic supply chains. + (C) A description of-- + (i) how the efforts of Iran to transfer advanced + weapons to Hizballah and to establish a military presence + in Syria has led to direct and repeated confrontations with + Israel; + (ii) the intelligence and military support that the + United States provides to Israel to help Israel identify + and appropriately address specific threats to Israel from + Iran and Iranian-backed forces in Syria; + (iii) the threat posed to Israel and other allies of + the United States in the Middle East resulting from the + transfer of arms or related material, or other support, by + Iran to Hizballah and other proxies; + (iv) Iranian and Iranian-controlled personnel operating + within Syria, including Hizballah, Shiite militias, and + Revolutionary Guard Corps forces of Iran, and the number + and geographic distribution of such personnel; + (v) any rocket-producing facilities in Lebanon for + nonstate actors, including whether such facilities were + assessed to be built at the direction of Hizballah + leadership, Iranian leadership, or in consultation between + Iranian leadership and Hizballah leadership; and + (vi) Iranian expenditures in the previous calendar year + on military and terrorist activities outside the country, + including the amount of such expenditures with respect to + each of Hizballah, Houthi rebels in Yemen, Hamas, proxy + forces in Iraq and Syria, ballistic missile research and + testing, and any other entity, country, or activity that + the Director determines as destabilizing to the Middle East + region. + (3) Form of report.--The report under paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. + (4) Definitions.--In this subsection: + (A) Appropriate congressional committees.--the term + ``appropriate congressional committees'' means-- + (i) the Committee on Armed Services, the Committee on + Foreign Relations, and the Select Committee on Intelligence + of the Senate; and + (ii) the Committee on Armed Services, the Committee on + Foreign Affairs, and the Permanent Select Committee on + Intelligence of the House of Representatives. + (B) Arms or related material.--The term ``arms or related + material'' means-- + (i) nuclear, biological, chemical, or radiological + weapons or materials or components of such weapons; + (ii) ballistic or cruise missile weapons or materials + or components of such weapons; + (iii) destabilizing numbers and types of advanced + conventional weapons; + (iv) defense articles or defense services, as those + terms are defined in paragraphs (3) and (4), respectively, + of section 47 of the Arms Export Control Act (22 U.S.C. + 2794); + (v) defense information, as that term is defined in + section 644 of the Foreign Assistance Act of 1961 (22 + U.S.C. 2403); or + (vi) items designated by the President for purposes of + the United States Munitions List under section 38(a)(1) of + the Arms Export Control Act (22 U.S.C. 2778(a)(1)). +SEC. 5522. ASSESSMENTS REGARDING THE NORTHERN TRIANGLE AND MEXICO. + (a) Assessment.-- + (1) Report.--Not later than 90 days after the date of the + enactment of this Act, the Director of National Intelligence, in + coordination with the Under Secretary of Homeland Security for + Intelligence and Analysis, the Assistant Secretary of State for + Intelligence and Research, the Chief of Intelligence of the Drug + Enforcement Administration, and other appropriate officials in the + intelligence community, shall submit to the appropriate + congressional committees a report containing a comprehensive + assessment of drug trafficking, human trafficking, and human + smuggling activities in the Northern Triangle and Mexico. + (2) Matters included.--The report under paragraph (1) shall + include, at a minimum, the following: + (A) An assessment of the effect of drug trafficking, human + trafficking, and human smuggling on the security and economic + situation in the Northern Triangle. + (B) An assessment of the effect of the activities of drug + trafficking organizations on the migration of persons from the + Northern Triangle to the United States-Mexico border. + (C) A summary of any relevant activities by elements of the + intelligence community in relation to drug trafficking, human + trafficking, and human smuggling in the Northern Triangle and + Mexico. + (D) An assessment of methods and routes used by drug + trafficking organizations, human traffickers, and human + smugglers to move drugs, persons, or both from the Northern + Triangle and Mexico to the United States. + (E) An assessment of the intersection between the + activities of drug trafficking organizations, human traffickers + and human smugglers, and other organized criminal groups in the + Northern Triangle and Mexico. + (F) An assessment of the illicit funds and financial + transactions that support the activities of drug trafficking + organizations, human traffickers, and human smugglers, and + connected criminal enterprises, in the Northern Triangle and + Mexico. + (G) A comprehensive review of the current collection + priorities of the intelligence community for the Northern + Triangle and Mexico, as of the date of the enactment of this + Act, in order to identify whether such priorities are + appropriate and sufficient in light of the threat posed by the + activities of drug trafficking organizations and human + traffickers and human smugglers to the security of the United + States and the Western Hemisphere. + (3) Form.--The report required by paragraph (1) may be + submitted in classified form, but if so submitted, shall contain an + unclassified summary. + (4) Availability.--The report under paragraph (1), or the + unclassified summary of the report described in paragraph (3), + shall be made publicly available. + (b) Briefings.-- + (1) Semiannual requirement.--Not later than 90 days after the + date on which the report under subsection (a) is submitted, and + every 180 days thereafter for a 5-year period, the Director of + National Intelligence shall provide to the congressional + intelligence committees a briefing on the intelligence community's + collection priorities and activities in the Northern Triangle and + Mexico with a focus on the threat posed by the activities of drug + trafficking organizations and human traffickers and human smugglers + to the security of the United States and the Western Hemisphere. + (2) Matters included.--Each briefing under paragraph (1) shall + include a description of the funds expended by the intelligence + community on the efforts described in such paragraph during the + preceding fiscal year, except the first such briefing shall cover + fiscal years 2018 and 2019. + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Affairs, the Committee on + Homeland Security, and the Permanent Select Committee on + Intelligence of the House of Representatives; and + (B) the Committee on Foreign Relations, the Committee on + Homeland Security and Governmental Affairs, and the Select + Committee on Intelligence of the Senate. + (2) Human trafficking.--The term ``human trafficking'' has the + meaning given the term ``severe forms of trafficking in persons'' + by section 103 of the Victims of Trafficking and Violence + Protection Act of 2000 (22 U.S.C. 7102). + (3) Northern triangle.--The term ``Northern Triangle'' means El + Salvador, Guatemala, and Honduras. + + TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM + +SEC. 5601. DEFINITIONS. + In this title: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Permanent Select Committee on Intelligence, the + Committee on Homeland Security, and the Committee on the + Judiciary of the House of Representatives; and + (B) the Select Committee on Intelligence, the Committee on + Homeland Security and Governmental Affairs, and the Committee + on the Judiciary of the Senate. + (2) Domestic terrorism.--The term ``domestic terrorism'' has + the meaning given that term in section 2331 of title 18, United + States Code. + (3) Hate crime.--The term ``hate crime'' means a criminal + offense under-- + (A) sections 241, 245, 247, and 249 of title 18, United + States Code; and + (B) section 3631 of title 42, United States Code. + (4) International terrorism.--The term ``international + terrorism'' has the meaning given that term in section 2331 of + title 18, United States Code. + (5) Terms in attorney general's guidelines for domestic fbi + operations.--The terms ``assessments'', ``full investigations'', + ``enterprise investigations'', ``predicated investigations'', and + ``preliminary investigations'' have the meanings given those terms + in the most recent, approved version of the Attorney General's + Guidelines for Domestic FBI Operations (or successor). + (6) Terms in fbi budget materials.--The terms ``Consolidated + Strategy Guide'', ``Field Office Strategic Plan'', ``Integrated + Program Management Process'', and ``Threat Review and + Prioritization'' have the meanings given those terms in the + materials submitted to Congress by the Attorney General in support + of the Federal Bureau of Investigation budget for fiscal year 2020. + (7) Terrorism.--The term ``terrorism'' includes domestic + terrorism and international terrorism. + (8) Terrorism information.--The term ``terrorism information'' + has the meaning given that term in section 1016(a) of the + Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. + 485). + (9) Time utilization and recordkeeping data.--The term ``time + utilization and recordkeeping data'' means data collected on + resource utilization and workload activity of personnel of the + Federal Bureau of Investigation in accordance with Federal law. +SEC. 5602. STRATEGIC INTELLIGENCE ASSESSMENT OF AND REPORTS ON DOMESTIC +TERRORISM. + (a) Report on Standardization of Terminology and Procedures +Relating to Domestic Terrorism.--Not later than 90 days after the date +of the enactment of this Act, the Director of the Federal Bureau of +Investigation and the Secretary of Homeland Security, in consultation +with the Director of National Intelligence in a manner consistent with +the authorities and responsibilities of such Director, shall jointly-- + (1) develop, to the fullest extent feasible and for purposes of + internal recordkeeping and tracking, uniform and standardized-- + (A) definitions of the terms ``domestic terrorism'', ``act + of domestic terrorism'', ``domestic terrorism groups'', and any + other commonly used terms with respect to domestic terrorism; + (B) methodologies for tracking incidents of domestic + terrorism; and + (C) descriptions of categories and subcategories of-- + (i) domestic terrorism; and + (ii) ideologies relating to domestic terrorism; + (2) submit to the appropriate congressional committees a report + containing the information developed under paragraph (1). + (b) Report Containing Strategic Intelligence Assessment and Data on +Domestic Terrorism.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Director of the Federal Bureau of + Investigation and the Secretary of Homeland Security, in + consultation with the Director of National Intelligence in a manner + consistent with the authorities and responsibilities of such + Director, shall jointly submit to the appropriate congressional + committees a report on domestic terrorism containing the following: + (A) The strategic intelligence assessment under paragraph + (2). + (B) The discussion of activities under paragraph (3). + (C) Data on domestic terrorism under paragraph (4). + (D) Recommendations under paragraph (5). + (2) Strategic intelligence assessment.-- + (A) Assessment required.--The Director of the Federal + Bureau of Investigation and the Secretary of Homeland Security, + in consultation with the Director of National Intelligence in a + manner consistent with the authorities and responsibilities of + such Director, shall prepare and include in the report under + paragraph (1) a strategic intelligence assessment of domestic + terrorism in the United States during fiscal years 2017, 2018, + and 2019. + (B) Standards.--The Director of the Federal Bureau of + Investigation and the Secretary of Homeland Security, in + consultation with the Director of National Intelligence in a + manner consistent with the authorities and responsibilities of + such Director, shall ensure that the strategic assessment under + subparagraph (A) complies with the analytic integrity and + tradecraft standards of the intelligence community. + (3) Discussion of activities.--The report under paragraph (1) + shall discuss and compare the following with respect to each + applicable element of the intelligence community: + (A) The criteria for opening, managing, and closing + domestic and international terrorism investigations. + (B) Standards and procedures for the Federal Bureau of + Investigation with respect to the review, prioritization, and + mitigation of domestic and international terrorism threats in + the United States. + (C) The planning (including plans of analysis of the + Federal Bureau of Investigation, Department of Homeland + Security, and National Counterterrorism Center), development, + production, analysis, and evaluation of intelligence and + intelligence products relating to terrorism, noting any + differences with respect to domestic terrorism and + international terrorism. + (D) The sharing of information relating to domestic and + international terrorism by and between-- + (i) the Federal Government; + (ii) State, local, Tribal, territorial, and foreign + governments; + (iii) the appropriate congressional committees; + (iv) nongovernmental organizations; and + (v) the private sector. + (E) The criteria and methodology used by the Federal Bureau + of Investigation to identify or assign terrorism + classifications to investigations of domestic terrorism. + (F) Compliance by the Federal Government with privacy, + civil rights, and civil liberties policies and protections + applicable to the production of the report under paragraph (1), + including protections against the public release of names or + other personally identifiable information of individuals + involved in incidents, investigations, indictments, + prosecutions, or convictions for which data is reported under + this section. + (G) Information regarding any training or resources + provided by the Federal Bureau of Investigation, the Department + of Homeland Security, or the National Counterterrorism Center, + to assist Federal, State, local, and Tribal law enforcement + agencies in understanding, detecting, deterring, and + investigating acts of domestic terrorism, including the date, + type, subject, and recipient agencies of such training or + resources. + (4) Data on domestic terrorism.-- + (A) Data required.--In accordance with subparagraph (B), + the report under paragraph (1) shall include the following data + for the period beginning on January 1, 2009, and ending on the + date of the enactment of this Act: + (i) For each completed or attempted incident of + domestic terrorism that has occurred in the United States + during such period-- + + (I) a description of such incident; + (II) the date and location of such incident; + (III) the number and type of completed and + attempted Federal nonviolent crimes committed during + such incident; + (IV) the number and type of completed and attempted + Federal and State property crimes committed during such + incident, including an estimate of economic damages + resulting from such crimes; and + (V) the number and type of completed and attempted + Federal violent crimes committed during such incident, + including the number of people injured or killed as a + result of such crimes. + + (ii) For such period-- + + (I) an identification of each assessment, + preliminary investigation, full investigation, and + enterprise investigation with a nexus to domestic + terrorism opened, pending, or closed by the Federal + Bureau of Investigation; + (II) the number of assessments or investigations + identified under subclause (I) associated with each + domestic terrorism investigative classification + (including subcategories); + (III) the number of assessments or investigations + described in subclause (II) initiated as a result of a + referral or investigation by a Federal, State, local, + Tribal, territorial, or foreign government, of a hate + crime; + (IV) the number of Federal criminal charges with a + nexus to domestic terrorism, including the number of + indictments and complaints associated with each + domestic terrorism investigative classification + (including subcategories), a summary of the allegations + contained in each such indictment, the disposition of + the prosecution, and, if applicable, the sentence + imposed as a result of a conviction on such charges; + (V) referrals of incidents of domestic terrorism by + or to State, local, Tribal, territorial, or foreign + governments, to or by departments or agencies of the + Federal Government, for investigation or prosecution, + including the number of such referrals associated with + each domestic terrorism investigation classification + (including any subcategories), and a summary of each + such referral that includes the rationale for such + referral and the disposition of the applicable Federal + investigation or prosecution; + (VI) intelligence products produced by the + intelligence community relating to domestic terrorism, + including, with respect to the Federal Bureau of + Investigation, the number of such products associated + with each domestic terrorism investigative + classification (including any subcategories); + (VII) with respect to the Federal Bureau of + Investigation-- + + (aa) the number of staff (expressed in terms of + full-time equivalents and positions) working on + matters relating to domestic terrorism described in + subclauses (I) through (VI); and + (bb) a summary of time utilization and + recordkeeping data for personnel working on such + matters, including the number or percentage of such + personnel associated with each domestic terrorism + investigative classification (including any + subcategories) in the FBI Headquarters Operational + Divisions and Field Divisions; + + (VIII) with respect to the Office of Intelligence + and Analysis of the Department of Homeland Security, + the number of staff (expressed in terms of full-time + equivalents and positions) working on matters relating + to domestic terrorism described in subclauses (I) + through (VI); and + (IX) with respect to the National Counterterrorism + Center, the number of staff (expressed in terms of + full-time equivalents and positions) working on matters + relating to domestic terrorism described in subclauses + (I) through (VI), and the applicable legal authorities + relating to the activities of such staff. + + (B) Collection and compilation.--The requirement to submit + data under paragraph (1)-- + (i) may not be construed to require the creation or + maintenance of any record that the Federal Bureau of + Investigation, the Department of Homeland Security, or the + National Counterterrorism Center, as the case may be, does + not maintain in the ordinary course of business or pursuant + to another provision of law; and + (ii) shall be carried out by collecting, compiling, or + otherwise using data and records that such entities + otherwise maintain or create. + (C) Format.--The information required under subparagraph + (A) may be provided in a format that uses the marking + associated with the Central Records System (or any successor + system) of the Federal Bureau of Investigation. + (5) Recommendations.-- + (A) In general.--The report under paragraph (1) shall + include recommendations, including any constitutional analysis + conducted relating to such recommendations, with respect to the following: - (A) The number of limited security agreements - (LSAs). - (B) The scope and clearance levels of such limited - security agreements. - (C) The number of whistleblowers represented by - cleared counsel. - (3) Recommendations for legislative or administrative - action to ensure that whistleblowers in the intelligence - community have access to cleared attorneys, including - improvements to the limited security agreement process and such - other options as the Inspector General of the Intelligence - Community considers appropriate. - (c) Survey.--The Inspector General of the Intelligence Community -shall ensure that the report submitted under subsection (a) is based -on-- - (1) data from a survey of whistleblowers whose claims are - reported to the Inspector General of the Intelligence Community - by means of the oversight system established pursuant to - section 9324; - (2) information obtained from the inspectors general of the - intelligence community; or - (3) information from such other sources as may be - identified by the Inspector General of the Intelligence - Community. - - TITLE XCIV--REPORTS AND OTHER MATTERS - -SEC. 9401. STUDY ON FOREIGN EMPLOYMENT OF FORMER PERSONNEL OF - INTELLIGENCE COMMUNITY. - - (a) Study.--The Director of National Intelligence, in coordination -with the Secretary of Defense and the Secretary of State, shall conduct -a study of matters relating to the foreign employment of former -personnel of the intelligence community. - (b) Elements.--The study conducted pursuant to subsection (a) shall + (i) The necessity of changing authorities, roles, + resources, or responsibilities within the Federal + Government to more effectively prevent and counter domestic + terrorism activities. + (ii) Measures necessary to ensure the protection of + privacy and civil liberties in the carrying out of + activities relating to countering domestic terrorism. + (B) Consultation.--In developing recommendations pursuant + to subparagraph (A)(ii), the Director of the Federal Bureau of + Investigation and the Secretary of Homeland Security, in + consultation with the Director of National Intelligence, may + seek the advice of the Privacy and Civil Liberties Oversight + Board. + (c) Provision of Other Documents and Materials.-- + (1) In general.--Together with the report under subsection + (b)(1), the Director of the Federal Bureau of Investigation and the + Secretary of Homeland Security, in consultation with the Director + of National Intelligence in a manner consistent with the + authorities and responsibilities of such Director, shall also + submit to the appropriate congressional committees the following + documents and materials in complete and unredacted form: + (A) With respect to the Federal Bureau of Investigation, at + a minimum, the most recent, approved versions of-- + (i) the Attorney General's Guidelines for Domestic FBI + Operations (or any successor); + (ii) the FBI Domestic Investigations and Operations + Guide (or any successor); + (iii) the FBI Counterterrorism Policy Guide (or any + successor); and + (iv) materials sufficient to show the rankings of + domestic terrorism in relation to other threats within the + Threat Review and Prioritization process, with respect to + the headquarters and each field office of the Federal + Bureau of Investigation. + (B) With respect to the intelligence community-- + (i) a list of all intelligence products described in + subsection (b)(4)(A)(ii)(VI); and + (ii) a means of accessing each such product. + (2) Nonduplication.--If any documents or materials required + under paragraph (1) have been previously submitted to the + appropriate congressional committees under such paragraph and have + not been modified since such submission, the Director of the + Federal Bureau of Investigation, the Secretary of Homeland + Security, and the Director of National Intelligence may provide a + list of such documents or materials in lieu of making the + submission under paragraph (1) for those documents or materials. + (d) Annual Updates.--During the 5-year period following the date of +the submission of the reports under subsections (b) and (c), the +Director of the Federal Bureau of Investigation and the Secretary of +Homeland Security, in consultation with the Director of National +Intelligence in a manner consistent with the authorities and +responsibilities of such Director, shall jointly submit to the +appropriate congressional committees annual updates to the reports +submitted under subsections (a), (b), and (c). + (e) Classification and Public Release.--The reports under +subsections (a), (b), and (d) shall be-- + (1) unclassified, but may contain a classified annex; + (2) with respect to the unclassified portion of the report, + made available on the public internet websites of the Federal + Bureau of Investigation, the Department of Homeland Security, and + the National Counterterrorism Center-- + (A) not later than 30 days after submission to the + appropriate congressional committees; and + (B) in an electronic format that is fully indexed and + searchable; and + (3) with respect to a classified annex, submitted to the + appropriate congressional committees in an electronic format that + is fully indexed and searchable. + (f) Information Quality.--The reports under subsections (a), (b), +and (d), to the extent applicable, shall comply with the guidelines +issued by the Director of the Office of Management and Budget pursuant +to section 515 of title V of the Consolidated Appropriations Act, 2001 +(Public Law 106-554; 114 Stat. 2763A-154). + + TITLE LVII--REPORTS AND OTHER MATTERS + Subtitle A--Reports and Briefings + +SEC. 5701. MODIFICATION OF REQUIREMENTS FOR SUBMISSION TO CONGRESS OF +CERTAIN REPORTS. + (a) Modification of Reports Relating to Guantanamo Bay.-- + (1) Modification.--Section 506I(b) of the National Security Act + of 1947 (50 U.S.C. 3105(b)) is amended by striking ``once every 6 + months'' and inserting ``annually''. + (2) Modification.--Section 319(a) of the Supplemental + Appropriations Act, 2009 (10 U.S.C. 801 note) is amended by + striking ``every 90 days'' and inserting ``annually''. + (b) Modification to Reports on Analytic Integrity.--Subsection (c) +of section 1019 of the Intelligence Reform and Terrorism Prevention Act +of 2004 (50 U.S.C. 3364) is amended-- + (1) in the heading, by striking ``Reports'' and inserting + ``Briefings''; and + (2) by striking ``submit to the congressional intelligence + committees, the heads of the relevant elements of the intelligence + community, and the heads of analytic training departments a report + containing'' and inserting ``provide to the congressional + intelligence committees, the heads of the relevant elements of the + intelligence community, and the heads of analytic training + departments a briefing with''. + (c) Repeal of Reports Relating to Intelligence Functions.--Section +506J of the National Security Act of 1947 (50 U.S.C. 3105a) is repealed +and the table of contents in the first section of such Act is amended +by striking the item relating to section 506J. + (d) Modification of Required Reports Relating to Entertainment +Industry.--Section 308 of the Intelligence Authorization Act for Fiscal +Year 2017 (50 U.S.C. 3332) is amended-- + (1) in subsection (b)(2)-- + (A) by striking ``paragraph (1) shall--'' and all that + follows through ``permit an element'' and insert ``paragraph + (1) shall permit an element''; + (B) by striking ``approval; and'' and inserting + ``approval.''; and + (C) by striking subparagraph (B); and + (2) by striking subsection (c) and inserting the following new + subsection: + ``(c) Information on Prior Year Engagements.--At the written +request of either of the congressional intelligence committees, the +Director of National Intelligence shall submit to such committees +information with respect to engagements occurring during the calendar +year prior to the year during which such request is made. Such +information may include-- + ``(1) a description of the nature and duration of each such + engagement; + ``(2) the cost incurred by the United States Government for + each such engagement; + ``(3) a description of the benefits to the United States + Government for each such engagement; + ``(4) a determination of whether any information was + declassified, and whether any classified information was improperly + disclosed, for each such engagement; and + ``(5) a description of the work produced through each such + engagement.''. +SEC. 5702. INCREASED TRANSPARENCY REGARDING COUNTERTERRORISM BUDGET OF +THE UNITED STATES. + (a) Findings.--Congress finds the following: + (1) Consistent with section 601(a) of the Implementing + Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. + 3306(a)), the recent practice of the intelligence community has + been to release to the public-- + (A) around the date on which the President submits to + Congress a budget for a fiscal year pursuant to section 1105 of + title 31, United States Code, the ``top-line'' amount of total + funding requested for the National Intelligence Program for + such fiscal year; and + (B) the amount of requested and appropriated funds for the + National Intelligence Program and Military Intelligence Program + for certain prior fiscal years, consistent with the protection + of intelligence sources and methods. + (2) The Directorate of Strategic Operational Planning of the + National Counterterrorism Center is responsible for producing an + annual National Counterterrorism Budget report, which examines the + alignment of intelligence and other resources in the applicable + fiscal year budget with the counterterrorism goals and areas of + focus in the National Strategy for Counterterrorism. + (b) Sense of Congress.--It is the sense of Congress that-- + (1) despite the difficulty of compiling and releasing to the + public comprehensive information on the resource commitments of the + United States to counterterrorism activities and programs, + including with respect to such activities and programs of the + intelligence community, the United States Government could take + additional steps to enhance the understanding of the public with + respect to such resource commitments, in a manner consistent with + the protection of intelligence sources and methods and other + national security interests; and + (2) the United States Government should release to the public + as much information as possible regarding the funding of + counterterrorism activities and programs, including activities and + programs of the intelligence community, in a manner consistent with + the protection of intelligence sources and methods and other + national security interests. + (c) Briefing on Public Release of Information.-- + (1) Requirement.--Not later than 90 days after the date of the + enactment of this Act, and not later than 90 days after the + beginning of each fiscal year thereafter, the President shall + ensure that the congressional intelligence committees receive a + briefing from appropriate personnel of the United States Government + on the feasibility of releasing to the public additional + information relating to counterterrorism efforts of the + intelligence community. + (2) Elements.--Each briefing required by paragraph (1) shall + include a discussion of the feasibility of-- + (A) subject to paragraph (3), releasing to the public the + National Counterterrorism Budget report described in subsection + (a)(2) for the prior fiscal year; and + (B) declassifying other reports, documents, or activities + of the intelligence community relating to counterterrorism and + releasing such information to the public in a manner consistent + with the protection of intelligence sources and methods and + other national security interests. + (3) Release of national counterterrorism budget report.--The + President may satisfy the requirement under paragraph (2)(A) during + a fiscal year by, not later than 90 days after the beginning of the + fiscal year, releasing to the public the National Counterterrorism + Budget report (with any redactions the Director determines + necessary to protect intelligence sources and methods and other + national security interests) for the prior fiscal year. +SEC. 5703. STUDY ON ROLE OF RETIRED AND FORMER PERSONNEL OF +INTELLIGENCE COMMUNITY WITH RESPECT TO CERTAIN FOREIGN INTELLIGENCE +OPERATIONS. + (a) Study.--The Director of National Intelligence shall conduct a +study on former intelligence personnel providing covered intelligence +assistance. + (b) Elements.--The study under subsection (a) shall include the +following: + (1) An identification of, and discussion of the effectiveness + of, existing laws, policies, procedures, and other measures + relevant to the ability of elements of the intelligence community + to prevent former intelligence personnel from providing covered + intelligence assistance-- + (A) without proper authorization; or + (B) in a manner that would violate legal or policy controls + if the personnel performed such assistance while working for + the United States Government; and + (2) Make recommendations for such legislative, regulatory, + policy, or other changes as may be necessary to ensure that the + United States consistently meets the objectives described in + paragraph (1). + (c) Report and Plan.--Not later than 90 days after the date of the +enactment of this Act, the Director shall submit to the congressional +intelligence committees, the Committee on Homeland Security and +Governmental Affairs of the Senate, and the Committee on Homeland +Security of the House of Representatives-- + (1) a report on the findings of the Director with respect to + each element of the study under subsection (a); and + (2) a plan to implement any recommendations made by the + Director that the Director may implement without changes to Federal + law. + (d) Form.--The report and plan under subsection (c) may be +submitted in classified form. + (e) Definitions.--In this section: + (1) Covered intelligence assistance.--The term ``covered + intelligence assistance'' means assistance-- + (A) provided by former intelligence personnel directly to, + or for the benefit of, the government of a foreign country or + indirectly to, or for the benefit of, such a government through + a company or other entity; and + (B) that relates to intelligence, military, or law + enforcement activities of a foreign country, including with + respect to operations that involve abuses of human rights, + violations of the laws of the United States, or infringements + on the privacy rights of United States persons. + (2) Former intelligence personnel.--The term ``former + intelligence personnel'' means retired or former personnel of the + intelligence community, including civilian employees of elements of + the intelligence community, members of the Armed Forces, and + contractors of elements of the intelligence community. +SEC. 5704. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA. + (a) Modification of Requirement for Annual Report on Hiring and +Retention of Minority Employees.-- + (1) Expansion of period of report.--Subsection (a) of section + 114 of the National Security Act of 1947 (50 U.S.C. 3050) is + amended by inserting ``and the preceding 5 fiscal years'' after + ``fiscal year''. + (2) Clarification on disaggregation of data.--Subsection (b) of + such section is amended, in the matter before paragraph (1), by + striking ``disaggregated data by category of covered person from + each element of the intelligence community'' and inserting ``data, + disaggregated by category of covered person and by element of the + intelligence community,''. + (b) Initial Reporting.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, and subject to paragraph (3), the Director + of National Intelligence shall make available to the public, the + appropriate congressional committees, and the workforce of the + intelligence community a report which includes aggregate + demographic data and other information regarding the diversity and + inclusion efforts of the workforce of the intelligence community. + (2) Contents.--A report made available under paragraph (1)-- + (A) shall include unclassified reports and barrier analyses + relating to diversity and inclusion efforts; + (B) shall include aggregate demographic data-- + (i) by segment of the workforce of the intelligence + community and grade or rank; + (ii) relating to attrition and promotion rates; + (iii) that addresses the compliance of the intelligence + community with validated inclusion metrics, such as the New + Inclusion Quotient index score; and + (iv) that provides demographic comparisons to the + relevant nongovernmental labor force and the relevant + civilian labor force; + (C) shall include an analysis of applicant flow data, + including the percentage and level of positions for which data + are collected, and a discussion of any resulting policy changes + or recommendations; + (D) shall include demographic data relating to participants + in professional development programs of the intelligence + community and the rate of placement into senior positions for + participants in such programs; + (E) shall include any voluntarily collected demographic + data relating to the membership of any external advisory + committee or board to which individuals in senior positions in + the intelligence community appoint members; and + (F) may include data in proportions or percentages to + account for concerns relating to the protection of classified + information. + (c) Updates.--After making available a report under subsection (b), +the Director of National Intelligence shall annually provide a report +(which may be provided as part of an annual report required under +another provision of law) to the workforce of the intelligence +community (including senior leadership), the public, and the +appropriate congressional committees that includes-- + (1) demographic data and information on the status of diversity + and inclusion efforts of the intelligence community; + (2) an analysis of applicant flow data, including the + percentage and level of positions for which data are collected, and + a discussion of any resulting policy changes or recommendations; + and + (3) demographic data relating to participants in professional + development programs of the intelligence community and the rate of + placement into senior positions for participants in such programs. + (d) Expand the Collection and Analysis of Voluntary Applicant Flow +Data.-- + (1) In general.--The Director of National Intelligence shall + develop a system to collect and analyze applicant flow data for as + many positions within the intelligence community as practicable, in + order to identify areas for improvement in attracting diverse + talent, with particular attention to senior and management + positions. + (2) Phased implementation.--The collection of applicant flow + data may be implemented by the Director of National Intelligence in + a phased approach commensurate with the resources available to the + intelligence community. + (e) Identify Additional Categories for Voluntary Data Collection of +Current Employees.-- + (1) In general.--The Director of National Intelligence may + submit to the Office of Management and Budget and to the + appropriate congressional committees a recommendation regarding + whether the intelligence community should voluntarily collect more + detailed data on demographic categories in addition to the race and + ethnicity categories specified in the statistical policy directive + issued by the Office of Management and Budget entitled ``Standards + for Maintaining, Collecting, and Presenting Federal Data on Race + and Ethnicity''. + (2) Process.--In making a recommendation under paragraph (1), + the Director of National Intelligence shall-- + (A) engage in close consultation with internal + stakeholders, such as employee resource or affinity groups; + (B) ensure that there is clear communication with the + workforce of the intelligence community-- + (i) to explain the purpose of the potential collection + of such data; and + (ii) regarding legal protections relating to any + anticipated use of such data; and + (C) ensure adherence to relevant standards and guidance + issued by the Federal Government. + (f) Definitions.--In this section: + (1) Applicant flow data.--The term ``applicant flow data'' + means data that tracks the rate of applications for job positions + among demographic categories. + (2) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Relations, the Committee on + Armed Services, the Committee on Homeland Security and + Governmental Affairs, the Select Committee on Intelligence, and + the Committee on Appropriations of the Senate; and + (B) the Committee on Foreign Affairs, the Committee on + Armed Services, the Committee on Homeland Security, the + Permanent Select Committee on Intelligence, and the Committee + on Appropriations of the House of Representatives. + (3) Diversity.--The term ``diversity'' means diversity of + persons based on gender, race, ethnicity, disability status, + veteran status, sexual orientation, gender identity, national + origin, and other demographic categories. +SEC. 5705. PLAN FOR STRENGTHENING THE SUPPLY CHAIN INTELLIGENCE +FUNCTION. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Director of the National Counterintelligence +and Security Center, in coordination with the Director of the Defense +Counterintelligence and Security Agency and other interagency partners, +shall submit to the appropriate congressional committees a plan for +strengthening the supply chain intelligence function. + (b) Elements.--The plan submitted under subsection (a) shall address the following: - (1) Issues that pertain to former employees of the - intelligence community working with, or in support of, foreign - governments, and the nature and scope of those concerns. - (2) Such legislative or administrative action as may be - necessary for both front-end screening and in-progress - oversight by the Director of Defense Trade Controls of licenses - issued by the Director for former employees of the intelligence - community working for foreign governments. - (3) How increased requirements could be imposed for - periodic compliance reporting when licenses are granted for - companies or organizations that employ former personnel of the - intelligence community to execute contracts with foreign - governments. - (c) Report and Plan.-- - (1) Definition of appropriate committees of congress.--In - this subsection, the term ``appropriate committees of - Congress'' means-- - (A) the congressional intelligence committees; - (B) the Committee on Armed Services and the - Committee on Foreign Relations of the Senate; and - (C) the Committee on Armed Services and the - Committee on Foreign Affairs of the House of - Representatives. - (2) In general.--Not later than 180 days after the date of - the enactment of this Act, the Director of National - Intelligence shall submit to the appropriate committees of - Congress-- - (A) a report on the findings of the Director with - respect to the study conducted pursuant to subsection - (a); and - (B) a plan to carry out such administrative actions - as the Director considers appropriate pursuant to the - findings described in subparagraph (A). - -SEC. 9402. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN KEY - UNITED STATES TECHNOLOGIES BY COMPANIES OR ORGANIZATIONS - LINKED TO CHINA. - + (1) The appropriate workforce model, including size, mix, and + seniority, from the elements of the intelligence community and + other interagency partners. + (2) The budgetary resources necessary to implement the plan. + (3) The appropriate governance structure within the + intelligence community and with interagency partners. + (4) The authorities necessary to implement the plan. + (c) Appropriate Congressional Committees Defined.--The term +``appropriate congressional committees'' means-- + (1) the congressional intelligence committees; and + (2) the Committees on Armed Services of the House of + Representatives and the Senate. +SEC. 5706. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN KEY +UNITED STATES TECHNOLOGIES BY COMPANIES OR ORGANIZATIONS LINKED TO +CHINA. (a) Assessment Required.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Director of the National Counterintelligence and @@ -42291,38 +55746,288 @@ security of the United States. (b) Form of Assessment.--The assessment submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. - -SEC. 9403. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR INITIATIVES OF - INTELLIGENCE COMMUNITY IN ARTIFICIAL INTELLIGENCE AND - MACHINE LEARNING. - +SEC. 5707. REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE ON FIFTH- +GENERATION WIRELESS NETWORK TECHNOLOGY. + (a) Definition of Appropriate Committees of Congress.--In this +section, the term ``appropriate committees of Congress'' means-- + (1) the congressional intelligence committees; + (2) the Committee on Foreign Relations of the Senate; and + (3) Committee on Foreign Affairs of the House of + Representatives. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence shall +submit to the appropriate committees of Congress a report on-- + (1) the threat to the national security of the United States + posed by the global and regional adoption of fifth-generation + wireless network (known as ``5G'') technology built by foreign + companies; + (2) the threat to the national security of the United States + posed by telecommunications companies that are subject to the + jurisdiction of a foreign adversary; and + (3) possible efforts to mitigate the threat. + (c) Contents.--The report under subsection (b) shall include-- + (1) the timeline and scale of global and regional adoption of + foreign fifth-generation wireless network technology; + (2) the implications of such global and regional adoption on + the cyber and espionage threat to the United States, the interests + of the United States, and the cyber and collection capabilities of + the United States; + (3) the threat to the national security of the United States + from acquisition, importation, transfer, installation, or use of + any communications technology by any person subject to the + jurisdiction of the United States that involves communications + technology designed, developed, manufactured or supplied by, + controlled by, or subject to, the jurisdiction of a foreign + adversary; and + (4) the effect of possible mitigation efforts, including with + respect to-- + (A) a policy of the United States Government promoting the + use of strong, end-to-end encryption for data transmitted over + fifth-generation wireless networks; + (B) a policy of the United States Government promoting or + funding free, open-source implementation of fifth-generation + wireless network technology; + (C) subsidies or incentives provided by the United States + Government that could be used to promote the adoption of secure + fifth-generation wireless network technology developed by + companies of the United States or companies of allies of the + United States; and + (D) a strategy by the United States Government to reduce + foreign influence and political pressure in international + standard-setting bodies. + (d) Form.--The report submitted under subsection (b) shall be +submitted in unclassified form, but may include a classified annex. +SEC. 5708. REPORT ON USE BY INTELLIGENCE COMMUNITY OF FACIAL +RECOGNITION TECHNOLOGY. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the use of facial recognition technology for the purpose of + suppressing or burdening criticism or dissent, or for + disadvantaging persons based on their ethnicity, race, gender, + sexual orientation, or religion, is contrary to the values of the + United States; + (2) the United States Government should not engage in the sale + or transfer of facial recognition technology to any country that is + using such technology for the suppression of human rights; and + (3) it is incumbent upon the intelligence community to develop + clear policies and procedures that prevent the abuse of facial + recognition technology. + (b) Report Required.--Not later than 1 year after the date of the +enactment of this Act, the Director of National Intelligence shall +submit to the congressional intelligence committees a report on the use +of facial recognition technology by the intelligence community. Such +report shall include each of the following: + (1) An analysis of the current use of facial recognition + technology by the intelligence community. + (2) An analysis of the accuracy of facial recognition + technology, including a discussion of the appropriate threshold for + use, and data disaggregated by race, gender, ethnicity, and age. + (3) Whether the Government has adequate procedures in place to + audit or test technology they purchase to assess its accuracy, + including on the basis of race, gender, ethnicity, and age. + (4) The extent to which the intelligence community has codified + policies governing the use of facial recognition technology that + adequately prevent adverse impacts on privacy, civil rights, and + civil liberties. + (5) An analysis of the ability of the intelligence community to + use facial recognition technology to identify individuals in a way + that respects constitutional rights, civil rights, civil liberties, + and privacy of such individuals. + (6) Identification of risks and safeguards to uphold the + constitutional rights, civil rights, civil liberties, and privacy + of individuals, including for communities of color and religious + minorities. + (7) Whether such technology is deployed in public areas or on + photos of public areas in a manner that could raise First Amendment + concerns. + (8) An identification of existing policies, procedures, or + practices that permit the sharing of facial recognition data and + technology with foreign governments or other non-United States + Government entities. + (9) An identification of measures in place to protect data + security. + (10) An identification of any redress procedures to address + complaints in cases where the use of facial recognition resulted in + harm to an individual. + (11) An analysis of existing transparency, oversight, and + audits of the use of facial recognition to measure the efficacy of + the technology on an ongoing basis, as measured against the cost + and impact on individual rights. + (c) Form.--The report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. + (d) Facial Recognition Data Defined.--In this section, the term +``facial recognition data'' means any unique attribute or feature of +the face of an end user that is used by facial recognition technology +to assign a unique, persistent identifier, or for the unique personal +identification of a specific individual. +SEC. 5709. REPORT ON DEEPFAKE TECHNOLOGY, FOREIGN WEAPONIZATION OF +DEEPFAKES, AND RELATED NOTIFICATIONS. + (a) Report on Foreign Weaponization of Deepfakes and Deepfake +Technology.-- + (1) Report required.--Not later than 180 days after the date of + the enactment of this Act, the Director of National Intelligence, + in consultation with the heads of the elements of the intelligence + community determined appropriate by the Director, shall submit to + the congressional intelligence committees a report on-- + (A) the potential national security impacts of machine- + manipulated media (commonly known as ``deepfakes''); and + (B) the actual or potential use of machine-manipulated + media by foreign governments to spread disinformation or engage + in other malign activities. + (2) Matters to be included.--The report under subsection (a) + shall include the following: + (A) An assessment of the technical capabilities of foreign + governments, including foreign intelligence services, foreign + government-affiliated entities, and foreign individuals, with + respect to machine-manipulated media, machine-generated text, + generative adversarial networks, and related machine-learning + technologies, including-- + (i) an assessment of the technical capabilities of the + People's Republic of China and the Russian Federation with + respect to the production and detection of machine- + manipulated media; and + (ii) an annex describing those governmental elements + within China and Russia known to have supported or + facilitated machine-manipulated media research, + development, or dissemination, as well as any civil- + military fusion, private-sector, academic, or + nongovernmental entities which have meaningfully + participated in such activities. + (B) An updated assessment of how foreign governments, + including foreign intelligence services, foreign government- + affiliated entities, and foreign individuals, could use or are + using machine-manipulated media and machine-generated text to + harm the national security interests of the United States, + including an assessment of the historic, current, or potential + future efforts of China and Russia to use machine-manipulated + media, including with respect to-- + (i) the overseas or domestic dissemination of + misinformation; + (ii) the attempted discrediting of political opponents + or disfavored populations; and + (iii) intelligence or influence operations directed + against the United States, allies or partners of the United + States, or other jurisdictions believed to be subject to + Chinese or Russian interference. + (C) An updated identification of the countertechnologies + that have been or could be developed and deployed by the United + States Government, or by the private sector with Government + support, to deter, detect, and attribute the use of machine- + manipulated media and machine-generated text by foreign + governments, foreign-government affiliates, or foreign + individuals, along with an analysis of the benefits, + limitations and drawbacks of such identified counter- + technologies, including any emerging concerns related to + privacy. + (D) An identification of the offices within the elements of + the intelligence community that have, or should have, lead + responsibility for monitoring the development of, use of, and + response to machine-manipulated media and machine-generated + text, including-- + (i) a description of the coordination of such efforts + across the intelligence community; + (ii) a detailed description of the existing + capabilities, tools, and relevant expertise of such + elements to determine whether a piece of media has been + machine manipulated or machine generated, including the + speed at which such determination can be made, the + confidence level of the element in the ability to make such + a determination accurately, and how increasing volume and + improved quality of machine-manipulated media or machine- + generated text may negatively impact such capabilities; and + (iii) a detailed description of planned or ongoing + research and development efforts intended to improve the + ability of the intelligence community to detect machine- + manipulated media and machine-generated text. + (E) A description of any research and development + activities carried out or under consideration to be carried out + by the intelligence community, including the Intelligence + Advanced Research Projects Activity, relevant to machine- + manipulated media and machine-generated text detection + technologies. + (F) Updated recommendations regarding whether the + intelligence community requires additional legal authorities, + financial resources, or specialized personnel to address the + national security threat posed by machine-manipulated media and + machine-generated text. + (G) Other additional information the Director determines + appropriate. + (b) Form.--The report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. + (c) Requirement for Notification.--The Director of National +Intelligence, in cooperation with the heads of any other relevant +departments or agencies of the Federal Government, shall notify the +congressional intelligence committees each time the Director of +National Intelligence determines-- + (1) there is credible information or intelligence that a + foreign entity has attempted, is attempting, or will attempt to + deploy machine-manipulated media or machine-generated text aimed at + the elections or domestic political processes of the United States; + and + (2) that such intrusion or campaign can be attributed to a + foreign government, a foreign government-affiliated entity, or a + foreign individual. + (d) Annual Update.--Upon submission of the report in subsection +(a), on an annual basis, the Director of National Intelligence, in +consultation with the heads of the elements of the intelligence +community determined appropriate by the Director, shall submit to the +congressional intelligence committees any significant updates with +respect to the matters described in subsection (a). + (e) Definitions.-- + (1) Machine-generated text.--The term ``machine-generated + text'' means text generated using machine-learning techniques in + order to resemble writing in natural language. + (2) Machine-manipulated media.--The term ``machine-manipulated + media'' has the meaning given that term in section 5724. +SEC. 5710. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON +CYBERSECURITY AND SURVEILLANCE THREATS TO CONGRESS. + (a) Annual Report Required.--Not later than 180 days after the date +of the enactment of this Act and not less frequently than once each +year thereafter, the Comptroller General of the United States shall +submit to the congressional intelligence committees a report on +cybersecurity and surveillance threats to Congress. + (b) Statistics.--Each report submitted under subsection (a) shall +include statistics on cyber attacks and other incidents of espionage or +surveillance targeted against Senators or the immediate families or +staff of the Senators, and Representatives, Delegates, and the Resident +Commissioner, or the immediate families or staff of the +Representatives, Delegates, and the Resident Commissioner, in which the +nonpublic communications and other private information of such targeted +individuals were lost, stolen, or otherwise subject to unauthorized +access. + (c) Consultation.--In preparing a report to be submitted under +subsection (a), the Comptroller General shall consult with the Director +of National Intelligence, the Secretary of Homeland Security, the +Sergeant at Arms of the House of Representatives, and the Sergeant at +Arms and Doorkeeper of the Senate. + (d) Form.--The report under subsection (a), including the contents +of the report in subsection (b), shall be submitted in unclassified +form, but may include a classified annex to protect sources and methods +and any appropriate redactions of personally identifiable information. +SEC. 5711. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR INITIATIVES OF +INTELLIGENCE COMMUNITY IN ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING. (a) Analysis.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Director of National - Intelligence shall, in coordination with the heads of such - elements of the intelligence community as the Director - considers appropriate-- - (A) complete a comprehensive analysis of the major - initiatives of the intelligence community in artificial - intelligence and machine learning; and - (B) submit to the congressional intelligence - committees a report on the findings of the Director - with respect to the analysis conducted pursuant to - subparagraph (A). - (2) Elements.--The analysis conducted under paragraph - (1)(A) shall include analyses of how the initiatives described - in such paragraph-- - (A) correspond with the strategy of the - intelligence community entitled ``Augmenting - Intelligence Using Machines''; - (B) complement each other and avoid unnecessary - duplication; - (C) are coordinated with the efforts of the Defense - Department on artificial intelligence, including - efforts at the Joint Artificial Intelligence Center - (JAIC) and Project Maven; and - (D) leverage advances in artificial intelligence - and machine learning in the private sector. + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Director of National Intelligence shall, + in coordination with the heads of such elements of the intelligence + community as the Director considers appropriate-- + (A) complete a comprehensive analysis of the major + initiatives of the intelligence community in artificial + intelligence and machine learning; and + (B) provide to the congressional intelligence committees a + briefing on the findings of the Director with respect to the + analysis conducted pursuant to subparagraph (A). + (2) Elements.--The analysis conducted under paragraph (1)(A) + shall include analyses of how the initiatives described in such + paragraph-- + (A) correspond with the strategy of the intelligence + community entitled ``Augmenting Intelligence Using Machines''; + (B) complement each other and avoid unnecessary + duplication; + (C) are coordinated with the efforts of the Defense + Department on artificial intelligence, including efforts at the + Joint Artificial Intelligence Center and Project Maven; and + (D) leverage advances in artificial intelligence and + machine learning in the private sector. (b) Periodic Briefings.--Not later than 30 days after the date of the enactment of this Act, not less frequently than twice each year thereafter until the date that is 2 years after the date of the @@ -42336,249 +56041,57 @@ updates on activities relating to, and the progress of, their respective artificial intelligence and machine learning initiatives, particularly the Augmenting Intelligence Using Machines initiative and the Joint Artificial Intelligence Center. - -SEC. 9404. ENCOURAGING COOPERATIVE ACTIONS TO DETECT AND COUNTER - FOREIGN INFLUENCE OPERATIONS. - - (a) Findings.--Congress makes the following findings: - (1) The Russian Federation, through military intelligence - units, also known as the ``GRU'', and Kremlin-linked troll - organizations often referred to as the ``Internet Research - Agency'', deploy information warfare operations against the - United States, its allies and partners, with the goal of - advancing the strategic interests of the Russian Federation. - (2) One line of effort deployed as part of these - information warfare operations is the weaponization of social - media platforms with the goals of intensifying societal - tensions, undermining trust in governmental institutions within - the United States, its allies and partners in the West, and - generally sowing division, fear, and confusion. - (3) These information warfare operations are a threat to - the national security of the United States and that of the - allies and partners of the United States. As Director of - National Intelligence Dan Coats stated, ``These actions are - persistent, they are pervasive and they are meant to undermine - America's democracy.''. - (4) These information warfare operations continue to evolve - and increase in sophistication. - (5) Other foreign adversaries and hostile non-state actors - will increasingly adopt similar tactics of deploying - information warfare operations against the West. - (6) Technological advances, including artificial - intelligence, will only make it more difficult in the future to - detect fraudulent accounts, deceptive material posted on social - media, and malign behavior on social media platforms. - (7) Because these information warfare operations are - deployed within and across private social media platforms, the - companies that own these platforms have a responsibility to - detect and remove foreign adversary networks operating - clandestinely on their platforms. - (8) The social media companies are inherently - technologically sophisticated and adept at rapidly analyzing - large amounts of data and developing software-based solutions - to diverse and ever-changing challenges on their platforms, - which makes them well-equipped to address the threat occurring - on their platforms. - (9) Independent analyses confirmed Kremlin-linked threat - networks, based on data provided by several social media - companies to the Select Committee on Intelligence of the - Senate, thereby demonstrating that it is possible to discern - both broad patterns of cross-platform information warfare - operations and specific fraudulent behavior on social media - platforms. - (10) General Paul Nakasone, Director of the National - Security Agency, emphasized the importance of these independent - analyses to the planning and conduct of military cyber - operations to frustrate Kremlin-linked information warfare - operations against the 2018 mid-term elections. General - Nakasone stated that the reports ``were very, very helpful in - terms of being able to understand exactly what our adversary - was trying to do to build dissent within our nation.''. - (11) Institutionalizing ongoing robust, independent, and - vigorous analysis of data related to foreign threat networks - within and across social media platforms will help counter - ongoing information warfare operations against the United - States, its allies, and its partners. - (12) Archiving and disclosing to the public the results of - these analyses by the social media companies and trusted third- - party experts in a transparent manner will serve to demonstrate - that the social media companies are detecting and removing - foreign malign activities from their platforms while protecting - the privacy of the people of the United States and will build - public understanding of the scale and scope of these foreign - threats to our democracy, since exposure is one of the most - effective means to build resilience. - (b) Sense of the Senate.--It is the sense of the Senate that-- - (1) the social media companies should cooperate among - themselves and with independent organizations and researchers - on a sustained and regular basis to share and analyze data and - indicators relevant to foreign information warfare operations - within and across their platforms in order to detect and - counter foreign information warfare operations that threaten - the national security of the United States and its allies and - partners; - (2) these analytic efforts should be organized in such a - fashion as to meet the highest standards of ethics, - confidentiality, and privacy protection of the people of the - United States; - (3) these analytic efforts should be undertaken as soon as - possible to facilitate countering ongoing Kremlin, Kremlin- - linked, and other foreign information warfare operations and to - aid in preparations for the United States presidential and - congressional elections in 2020 and beyond; - (4) the structure and operations of social media companies - make them well positioned to address foreign adversary threat - networks within and across their platforms, and these efforts - could be conducted without direct Government involvement, - direction, or regulation; and - (5) if the social media industry fails to take sufficient - action to address foreign adversary threat networks operating - within or across their platforms, Congress would have to - consider additional safeguards for ensuring that this threat is - effectively mitigated. - (c) Authority to Facilitate Establishment of Social Media Data -Analysis Center.-- - (1) Authority.--The Director of National Intelligence, in - coordination with the Secretary of Defense, may facilitate, by - grant or contract or under an existing authority of the - Director, the establishment of a Social Media Data Analysis - Center with the functions described in paragraph (2) at an - independent, nonprofit organization. - (2) Functions.--The functions described in this paragraph - are the following: - (A) Acting as a convening and sponsoring authority - for cooperative social media data analysis of foreign - threat networks involving social media companies and - third-party experts, nongovernmental organizations, - data journalists, federally funded research and - development centers, and academic researchers. - (B) Facilitating analysis within and across the - individual social media platforms for the purpose of - detecting, exposing, and countering clandestine foreign - influence operations and related unlawful activities - that fund or subsidize such operations. - (C) Developing processes to share information from - government entities on foreign influence operations - with the individual social media companies to inform - threat analysis, and working with the Office of the - Director of National Intelligence as appropriate. - (D) Determining and making public criteria for - identifying which companies, organizations, or - researchers qualify for inclusion in the activities of - the Center, and inviting entities that fit the criteria - to join. - (E) Determining jointly with the social media - companies what data and metadata related to indicators - of foreign adversary threat networks from their - platforms and business operations will be made - available for access and analysis. - (F) Developing and making public the criteria and - standards that must be met for companies, other - organizations, and individual researchers to access and - analyze data relating to foreign adversary threat - networks within and across social media platforms and - publish or otherwise use the results. - (G) Developing and making public the ethical - standards for investigation of foreign threat networks - and use of analytic results and for protection of the - privacy of the customers and users of the social media - platforms and of the proprietary information of the - social media companies. - (H) Developing technical, contractual, and - procedural controls to prevent misuse of data, - including any necessary auditing procedures, compliance - checks, and review mechanisms. - (I) Developing and making public criteria and - conditions under which the Center shall share - information with the appropriate Government agencies - regarding threats to national security from, or - violations of the law involving, foreign activities on - social media platforms. - (J) Developing a searchable, public archive - aggregating information related to foreign influence - and disinformation operations to build a collective - understanding of the threats and facilitate future - examination consistent with privacy protections. - (d) Reporting and Notifications.--If the Director of National -Intelligence chooses to use funds under subsection (c)(1) to facilitate -the establishment of the Center, the Director of the Center shall-- - (1) not later than March 1, 2020, submit to Congress a - report on-- - (A) the estimated funding needs of the Center for - fiscal year 2021 and for subsequent years; - (B) such statutory protections from liability as - the Director considers necessary for the Center, - participating social media companies, and participating - third-party analytical participants; - (C) such statutory penalties as the Director - considers necessary to ensure against misuse of data by - researchers; and - (D) such changes to the Center's mission to fully - capture broader unlawful activities that intersect - with, complement, or support information warfare - tactics; and - (2) not less frequently than once each year, submit to the - Director of National Intelligence, the Secretary of Defense, - and the appropriate congressional committees a report-- - (A) that assesses-- - (i) degree of cooperation and commitment - from the social media companies to the mission - of the Center; and - (ii) effectiveness of the Center in - detecting and removing clandestine foreign - information warfare operations from social - media platforms; and - (B) includes such recommendations for legislative - or administrative action as the Center considers - appropriate to carry out the functions of the Center. - (e) Periodic Reporting to the Public.--The Director of the Center -shall-- - (1) once each quarter, make available to the public a - report on key trends in foreign influence and disinformation - operations, including any threats to campaigns and elections, - to inform the public of the United States; and - (2) as the Director considers necessary, provide more - timely assessments relating to ongoing disinformation - campaigns. - (f) Funding.--Of the amounts appropriated or otherwise made -available to the National Intelligence Program (as defined in section 3 -of the National Security Act of 1947 (50 U.S.C. 3003)) in fiscal year -2020 and 2021, the Director of National Intelligence may use up to -$30,000,000 to carry out this section. - (g) Definition of Appropriate Congressional Committees.--In this -section, the term ``appropriate congressional committees'' means-- - (1) the Committee on Armed Services of the Senate; - (2) the Committee on Homeland Security and Governmental - Affairs of the Senate; - (3) the Committee on Foreign Relations of the Senate; - (4) the Committee on the Judiciary of the Senate; - (5) the Select Committee on Intelligence of the Senate; - (6) the Committee on Armed Services of the House of - Representatives; - (7) the Committee on Homeland Security of the House of - Representatives; - (8) the Committee on Foreign Affairs of the House of - Representatives; - (9) the Committee on the Judiciary of the House of - Representatives; and - (10) the Permanent Select Committee on Intelligence of the - House of Representatives. - -SEC. 9405. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA. - +SEC. 5712. REPORT ON BEST PRACTICES TO PROTECT PRIVACY AND CIVIL +LIBERTIES OF CHINESE AMERICANS. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) the People's Republic of China appears to be specifically + targeting the Chinese-American community for intelligence purposes; + (2) such targeting carries a substantial risk that the loyalty + of such Americans may be generally questioned and lead to + unacceptable stereotyping, targeting, and racial profiling; + (3) the United States Government has a duty to warn and protect + all Americans including those of Chinese descent from these + intelligence efforts by the People's Republic of China; + (4) the broad stereotyping, targeting, and racial profiling of + Americans of Chinese descent is contrary to the values of the + United States and reinforces the flawed narrative perpetuated by + the People's Republic of China that ethnically Chinese individuals + worldwide have a duty to support the People's Republic of China; + and + (5) the United States efforts to combat the People's Republic + of China's intelligence activities should actively safeguard and + promote the constitutional rights of all Chinese Americans. + (b) Report.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence, acting +through the Office of Civil Liberties, Privacy, and Transparency, in +coordination with the civil liberties and privacy officers of the +elements of the intelligence community, shall submit a report to the +congressional intelligence committees containing-- + (1) a review of how the policies, procedures, and practices of + the intelligence community that govern the intelligence activities + and operations targeting the People's Republic of China affect + policies, procedures, and practices relating to the privacy and + civil liberties of Americans of Chinese descent who may be targets + of espionage and influence operations by China; and + (2) recommendations to ensure that the privacy and civil + liberties of Americans of Chinese descent are sufficiently + protected. + (c) Form.--The report under subsection (b) shall be submitted in +unclassified form, but may include a classified annex. +SEC. 5713. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA. (a) Definitions.--In this section: - (1) Covered institution of higher education.--The term - ``covered institution of higher education'' means an - institution described in section 102 of the Higher Education - Act of 1965 (20 U.S.C. 1002) that receives Federal funds in any - amount and for any purpose. - (2) Sensitive research subject.--The term ``sensitive - research subject'' means a subject of research that is carried - out at a covered institution of higher education that receives - funds that were appropriated for-- - (A) the National Intelligence Program; or - (B) any Federal agency the Director of National - Intelligence deems appropriate. + (1) Covered institution of higher education.--The term + ``covered institution of higher education'' means an institution + described in section 102 of the Higher Education Act of 1965 (20 + U.S.C. 1002) that receives Federal funds in any amount and for any + purpose. + (2) Sensitive research subject.--The term ``sensitive research + subject'' means a subject of research that is carried out at a + covered institution of higher education that receives funds that + were appropriated for-- + (A) the National Intelligence Program; or + (B) any Federal agency the Director of National + Intelligence deems appropriate. (b) Report Required.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Director of National Intelligence, in consultation with @@ -42591,127 +56104,133 @@ of higher education with more complete information on these risks and to help ensure academic freedom. (c) Contents.--The report required by subsection (b) shall include the following: - (1) A list of sensitive research subjects that could affect - national security. - (2) A list of foreign entities, including governments, - corporations, nonprofit organizations and for-profit - organizations, and any subsidiary or affiliate of such an - entity, that the Director determines pose a - counterintelligence, espionage (including economic espionage), - or other national security threats with respect to sensitive - research subjects. - (3) A list of any known or suspected attempts by foreign - entities to exert pressure on covered institutions of higher - education, including attempts to limit freedom of speech, - propagate misinformation or disinformation, or to influence - professors, researchers, or students. - (4) Recommendations for collaboration between covered - institutions of higher education and the intelligence community - to mitigate threats to sensitive research subjects associated - with foreign influence in academia, including any necessary - legislative or administrative action. + (1) A list of sensitive research subjects that could affect + national security. + (2) A list of foreign entities, including governments, + corporations, nonprofit organizations and for-profit organizations, + and any subsidiary or affiliate of such an entity, that the + Director determines pose a counterintelligence, espionage + (including economic espionage), or other national security threat + with respect to sensitive research subjects. + (3) A list of any known or suspected attempts by foreign + entities to exert pressure on covered institutions of higher + education, including attempts to limit freedom of speech, propagate + misinformation or disinformation, or to influence professors, + researchers, or students. + (4) Recommendations for collaboration between covered + institutions of higher education and the intelligence community to + mitigate threats to sensitive research subjects associated with + foreign influence in academia, including any necessary legislative + or administrative action. (d) Congressional Notifications Required.--Not later than 30 days after the date on which the Director identifies a change to either list described in paragraph (1) or (2) of subsection (c), the Director shall notify the congressional intelligence committees of the change. - -SEC. 9406. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON FIFTH-GENERATION - WIRELESS NETWORK TECHNOLOGY. - - (a) Report Required.--Not later than 180 days after the date of the +SEC. 5714. 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 the congressional intelligence committees a report on-- - (1) the threat to United States national security posed by - the global and regional adoption of fifth-generation (5G) - wireless network technology built by foreign companies; and - (2) the effect of possible efforts to mitigate the threat. - (b) Contents.--The report required by subsection (a) shall include: - (1) The timeline and scale of global and regional adoption - of foreign fifth-generation wireless network technology. - (2) The implications of such global and regional adoption - on the cyber and espionage threat to the United States and - United States interests as well as to United States cyber and - collection capabilities. - (3) The effect of possible mitigation efforts, including: - (A) United States Government policy promoting the - use of strong, end-to-end encryption for data - transmitted over fifth-generation wireless networks. - (B) United States Government policy promoting or - funding free, open-source implementation of fifth- - generation wireless network technology. - (C) United States Government subsidies or - incentives that could be used to promote the adoption - of secure fifth-generation wireless network technology - developed by companies of the United States or - companies of allies of the United States. - (D) United States Government strategy to reduce - foreign influence and political pressure in - international standard-setting bodies. - (c) Form.--The report submitted under subsection (a) shall be -submitted in unclassified form to the greatest extent practicable, but -may include a classified appendix if necessary. - -SEC. 9407. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON - CYBERSECURITY AND SURVEILLANCE THREATS TO CONGRESS. - - (a) Annual Report Required.--Not later than 180 days after the date -of the enactment of this Act and not less frequently than once each -year thereafter, the Comptroller General of the United States shall -submit to the congressional intelligence committees a report on -cybersecurity and surveillance threats to Congress. - (b) Statistics.--Each report submitted under subsection (a) shall -include statistics on cyber attacks and other incidents of espionage or -surveillance targeted against Senators or the immediate families or -staff of the Senators, in which the nonpublic communications and other -private information of such targeted individuals were lost, stolen, or -otherwise subject to unauthorized access by criminals or a foreign -government. - (c) Consultation.--In preparing a report to be submitted under -subsection (a), the Comptroller General shall consult with the Director -of National Intelligence, the Secretary of Homeland Security, and the -Sergeant at Arms and Doorkeeper of the Senate. - -SEC. 9408. DIRECTOR OF NATIONAL INTELLIGENCE ASSESSMENT OF FOREIGN - INTERFERENCE IN ELECTIONS. - - (a) Assessments Required.--Not later than 45 days after the -conclusion of a United States election, the Director of National -Intelligence, in consultation with the heads of such other executive -departments and agencies as the Director considers appropriate, shall-- - (1) conduct an assessment of any information indicating - that a foreign government, or any person acting as an agent of - or on behalf of a foreign government, has acted with the intent - or purpose of interfering in that election; and - (2) transmit the findings of the Director with respect to - the assessment conducted under paragraph (1), along with such - supporting information as the Director considers appropriate, - to the following: - (A) The President. - (B) The Secretary of State. - (C) The Secretary of the Treasury. - (D) The Secretary of Defense. - (E) The Attorney General. - (F) The Secretary of Homeland Security. - (G) Congress. - (b) Elements.--An assessment conducted under subsection (a)(1), -with respect to an act described in such subsection, shall identify, to -the maximum extent ascertainable, the following: - (1) The nature of any foreign interference and any methods - employed to execute the act. - (2) The persons involved. - (3) The foreign government or governments that authorized, - directed, sponsored, or supported the act. - (c) Publication.--In a case in which the Director conducts an -assessment under subsection (a)(1) with respect to an election, the -Director shall, as soon as practicable after the date of the conclusion -of such election and not later than 60 days after the date of such -conclusion, make available to the public, to the greatest extent -possible consistent with the protection of sources and methods, the -findings transmitted under subsection (a)(2). - -SEC. 9409. STUDY ON FEASIBILITY AND ADVISABILITY OF ESTABLISHING - GEOSPATIAL-INTELLIGENCE MUSEUM AND LEARNING CENTER. - +submit to Congress a report on the death of Jamal Khashoggi, consistent +with protecting sources and methods. Such report shall include +identification of those who carried out, participated in, ordered, or +were otherwise complicit in or responsible for the death of Jamal +Khashoggi. + (b) Form.--The report submitted under subsection (a) shall be +submitted in unclassified form. +SEC. 5715. REPORT ON TERRORIST SCREENING DATABASE. + (a) Report.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence and the +Secretary of State shall jointly submit to the congressional +intelligence committees, the Committee on Foreign Affairs of the House +of Representatives, and the Committee on Foreign Relations of the +Senate a report on the terrorist screening database of the Federal +Bureau of Investigation. + (b) Matters Included.--The report under subsection (a) shall +identify the following: + (1) Which foreign countries receive access to the terrorist + screening database. + (2) Which foreign countries have successfully petitioned to add + individuals to the terrorist screening database. + (3) What standards exist for determining which countries get + access to the terrorist screening database. + (4) The extent to which the human rights record of the + government of a foreign country is considered in the determination + to give the country access to the terrorist screening database. + (5) What procedures, if any, exist to remove access to the + terrorist screening database from a foreign country. + (6) What procedures, if any, exist to inform an individual, or + the legal counsel of an individual, of the placement of the + individual on the terrorist screening database. + (c) Form.--The report under subsection (a) shall be submitted in +unclassified form, but may include a classified annex. +SEC. 5716. REPORT CONTAINING THREAT ASSESSMENT ON TERRORIST USE OF +CONVENTIONAL AND ADVANCED CONVENTIONAL WEAPONS. + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, and annually thereafter for a period of 4 years, +the Under Secretary of Homeland Security for Intelligence and Analysis, +in coordination with the Director of the Federal Bureau of +Investigation, shall develop and submit to the entities in accordance +with subsection (b) a report containing a threat assessment regarding +the availability of conventional weapons, including conventional +weapons lacking serial numbers, and advanced conventional weapons, for +use in furthering acts of terrorism, including the provision of +material support or resources to a foreign terrorist organization and +to individuals or groups supporting or engaging in domestic terrorism. + (b) Dissemination of Report.--Consistent with the protection of +classified and confidential unclassified information, the Under +Secretary shall-- + (1) submit the initial report required under subsection (a) to + Federal, State, local, and Tribal law enforcement officials, + including officials who operate within State, local, and regional + fusion centers under the Department of Homeland Security State, + Local, and Regional Fusion Center Initiative established by section + 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h); and + (2) submit each report required under subsection (a) to the + appropriate congressional committees. + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Permanent Select Committee on Intelligence, the + Committee on Homeland Security, and the Committee on the + Judiciary of the House of Representatives; and + (B) the Select Committee on Intelligence, the Committee on + Homeland Security and Governmental Affairs, and the Committee + on the Judiciary of the Senate. + (2) Domestic terrorism.--The term ``domestic terrorism'' has + the meaning given that term in section 2331 of title 18, United + States Code. + (3) Foreign terrorist organization.--The term ``foreign + terrorist organization'' means an organization designated as a + foreign terrorist organization under section 219 of the Immigration + and Nationality Act (8 U.S.C. 1189). +SEC. 5717. ASSESSMENT OF HOMELAND SECURITY VULNERABILITIES ASSOCIATED +WITH CERTAIN RETIRED AND FORMER PERSONNEL OF THE INTELLIGENCE +COMMUNITY. + (a) Assessment Required.--Not later than the date that is 120 days +after submission of the report required under section 5703, and +annually thereafter, the Director of National Intelligence, in +coordination with the Under Secretary of Homeland Security for +Intelligence and Analysis, the Director of the Federal Bureau of +Investigation, the Director of the Central Intelligence Agency, and the +Director of the Defense Counterintelligence and Security Agency, shall +submit to the appropriate congressional committees an assessment of the +homeland security vulnerabilities associated with retired and former +personnel of the intelligence community providing covered intelligence +assistance. + (b) Form.--The assessment under subsection (a) may be submitted in +classified form. + (c) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security and Governmental + Affairs of the Senate; and + (C) the Committee on Homeland Security of the House of + Representatives. + (2) Covered intelligence assistance.--The term ``covered + intelligence assistance'' has the meaning given that term in + section 5703. +SEC. 5718. STUDY ON FEASIBILITY AND ADVISABILITY OF ESTABLISHING +GEOSPATIAL-INTELLIGENCE MUSEUM AND LEARNING CENTER. (a) Study Required.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Geospatial- Intelligence Agency shall complete a study on the feasibility and @@ -42719,199 +56238,656 @@ advisability of establishing a Geospatial-Intelligence Museum and learning center. (b) Elements.--The study required by subsection (a) shall include the following: - (1) Identifying the costs, opportunities, and challenges of - establishing the museum and learning center as described in - such subsection. - (2) Developing recommendations concerning such - establishment. - (3) Identifying and reviewing lessons learned from the - establishment of the Cyber Center for Education and Innovation- - Home of the National Cryptologic Museum under section 7781(a) - of title 10, United States Code. + (1) Identifying the costs, opportunities, and challenges of + establishing the museum and learning center as described in such + subsection. + (2) Developing recommendations concerning such establishment. + (3) Identifying and reviewing lessons learned from the + establishment of the Cyber Center for Education and Innovation-Home + of the National Cryptologic Museum under section 7781(a) of title + 10, United States Code. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees and the congressional defense committees (as -defined in section 101 of title 10, United States Code) a report on the -findings of the Director with respect to the study completed under -subsection (a). - -SEC. 9410. REPORT ON DEATH OF JAMAL KHASHOGGI. - - (a) In General.--Not later than 30 days after the date of the -enactment of this Act, the Director of National Intelligence shall -submit to Congress a report on the death of Jamal Khashoggi, consistent -with protecting sources and methods. Such report shall include -identification of those who carried out, participated in, ordered, or -were otherwise complicit in or responsible for the death of Jamal -Khashoggi. - (b) Form.--The report submitted under subsection (a) shall be -submitted in unclassified form. - - DIVISION G--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019 - -SEC. 10001. SHORT TITLE. +defined in section 101 of title 10, United States Code) a report on the +findings of the Director with respect to the study completed under +subsection (a). - This division may be cited as the ``Damon Paul Nelson and Matthew -Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and -2019''. + Subtitle B--Other Matters + +SEC. 5721. WHISTLEBLOWER DISCLOSURES TO CONGRESS AND COMMITTEES OF +CONGRESS. + Section 2302 of title 5, United States Code, is amended-- + (1) in subsection (b)(8)-- + (A) in subparagraph (A), by striking ``; or'' and inserting + a semicolon; + (B) in subparagraph (B)(ii), by striking the semicolon at + the end and inserting ``; or''; and + (C) by inserting after subparagraph (B) the following new + subparagraph: + ``(C) any disclosure to Congress (including any committee + of Congress) by any employee of an agency or applicant for + employment at an agency of information described in + subparagraph (B) that is-- + ``(i) not classified; or + ``(ii) if classified-- + + ``(I) has been classified by the head of an agency + that is not an element of the intelligence community + (as defined by section 3 of the National Security Act + of 1947 (50 U.S.C. 3003)); and + ``(II) does not reveal intelligence sources and + methods.''; and + + (2) in subsection (c)(2)(C)(iii)(III), by inserting after + ``Congress'' the following: ``(including any committee of Congress + with respect to information that is not classified or, if + classified, has been classified by the head of an agency that is + not an element of the intelligence community and does not reveal + intelligence sources and methods)''. +SEC. 5722. TASK FORCE ON ILLICIT FINANCING OF ESPIONAGE AND FOREIGN +INFLUENCE OPERATIONS. + (a) Establishment.--Not later than 30 days after the date of the +enactment of this Act, the Director of National Intelligence shall +establish a task force to study and assess the illicit financing of +espionage and foreign influence operations directed at the United +States. + (b) Membership.--The task force shall be composed of the following +individuals (or designees of the individual): + (1) The Director of the Central Intelligence Agency. + (2) The Director of the Federal Bureau of Investigation. + (3) The Assistant Secretary of the Treasury for Intelligence + and Analysis. + (4) The Assistant Secretary of State for Intelligence and + Research. + (5) Such other heads of the elements of the intelligence + community that the Director of National Intelligence determines + appropriate. + (c) Chairperson; Meetings.-- + (1) Chairperson.--The Director of National Intelligence shall + appoint a senior official within the Office of the Director of + National Intelligence to serve as the chairperson of the task + force. + (2) Meetings.--The task force shall meet regularly but not less + frequently than on a quarterly basis. + (d) Reports.-- + (1) Initial report.--Not later than 180 days after the date of + the enactment of this Act, the task force shall submit to the + appropriate congressional committees a report on the illicit + financing of espionage and foreign influence operations directed at + the United States. The report shall address the following: + (A) The extent of the collection by the intelligence + community, from all sources (including the governments of + foreign countries), of intelligence and information relating to + illicit financing of espionage and foreign influence operations + directed at the United States, and any gaps in such collection. + (B) Any specific legal, regulatory, policy, or other + prohibitions, or financial, human, technical, or other resource + limitations or constraints, that have affected the ability of + the Director of National Intelligence or other heads of + relevant elements of the intelligence community in collecting + or analyzing intelligence or information relating to illicit + financing of espionage and foreign influence operations + directed at the United States. + (C) The methods, as of the date of the report, by which + hostile governments of foreign countries or foreign + organizations, and any groups or persons acting on behalf of or + with the support of such governments or organizations, seek to + disguise or obscure relationships between such governments, + organizations, groups, or persons and United States persons, + for the purpose of conducting espionage or foreign influence + operations directed at the United States, including by + exploiting financial laws, systems, or instruments, of the + United States. + (D) The existing practices of the intelligence community + for ensuring that intelligence and information relating to the + illicit financing of espionage and foreign influence operations + is analyzed and shared with other elements of the intelligence + community, and any recommendations for improving such analysis + and sharing. + (2) Annual update.--Not later than 1 year after the date of the + enactment of this Act, and each year thereafter through the date + specified in subsection (e), the task force shall submit to the + appropriate congressional committees an update on the report. + (3) Form.--Each report submitted under this subsection may be + submitted in classified form, but if submitted in such form, shall + include an unclassified summary. + (e) Termination.--The task force shall terminate on January 1, +2025. + (f) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means the following: + (1) The congressional intelligence committees. + (2) The Committee on Foreign Affairs and the Committee on + Financial Services of the House of Representatives. + (3) The Committee on Foreign Relations and the Committee on + Banking, Housing, and Urban Affairs of the Senate. +SEC. 5723. ESTABLISHMENT OF FIFTH-GENERATION TECHNOLOGY PRIZE +COMPETITION. + (a) Prize Competition.--Pursuant to section 24 of the Stevenson- +Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director +of National Intelligence, acting through the Director of the +Intelligence Advanced Research Projects Agency, shall carry out a +program to award prizes competitively to stimulate research and +development relevant to fifth-generation technology. + (b) Prize Amount.--In carrying out the program under subsection +(a), the Director may award not more than a total of $5,000,000 to one +or more winners of the prize competition. + (c) Consultation.--In carrying out the program under subsection +(a), the Director may consult with the heads of relevant departments +and agencies of the Federal Government. + (d) Fifth-generation Technology Defined.--In this section, the term +``fifth-generation technology'' means hardware, software, or other +technologies relating to fifth-generation wireless networks (known as +``5G''). +SEC. 5724. ESTABLISHMENT OF DEEPFAKES PRIZE COMPETITION. + (a) Prize Competition.--Pursuant to section 24 of the Stevenson- +Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director +of National Intelligence, acting through the Director of the +Intelligence Advanced Research Projects Agency, shall carry out a +program to award prizes competitively to stimulate the research, +development, or commercialization of technologies to automatically +detect machine-manipulated media. + (b) Prize Amount.--In carrying out the program under subsection +(a), the Director may award not more than a total of $5,000,000 to one +or more winners of the prize competition. + (c) Consultation.--In carrying out the program under subsection +(a), the Director may consult with the heads of relevant departments +and agencies of the Federal Government. + (d) Machine-Manipulated Media Defined.--In this section, the term +``machine-manipulated media'' means video, image, or audio recordings +generated or substantially modified using machine-learning techniques +in order to falsely depict events, to falsely depict the speech or +conduct of an individual, or to depict individuals who do not exist. +SEC. 5725. IDENTIFICATION OF AND COUNTERMEASURES AGAINST CERTAIN +INTERNATIONAL MOBILE SUBSCRIBER IDENTITY-CATCHERS. + (a) In General.--The Director of National Intelligence and the +Director of the Federal Bureau of Investigation, in collaboration with +the Under Secretary of Homeland Security for Intelligence and Analysis, +and the heads of such other Federal, State, or local agencies as the +Directors determine appropriate, and in accordance with applicable law +and policy, may-- + (1) undertake an effort to identify International Mobile + Subscriber Identity-catchers operated within the United States by-- + (A) hostile foreign governments; and + (B) individuals who have violated a criminal law of the + United States or of any State, or who have committed acts that + would be a criminal violation if committed within the + jurisdiction of the United States or any State; and + (2) when appropriate, develop countermeasures against such + International Mobile Subscriber Identity-catchers, with + prioritization given to such International Mobile Subscriber + Identity-catchers identified in the National Capital Region. + (b) Briefing Required.--Prior to developing countermeasures under +subsection (a)(2), the Director of National Intelligence and the +Director of the Federal Bureau of Investigation shall provide a +briefing to the appropriate congressional committees on-- + (1) the use of International Mobile Subscriber Identity- + catchers operated within the United States by the individuals and + governments described in subsection (a)(1); + (2) potential countermeasures by the intelligence community + against such International Mobile Subscriber Identity-catchers; and + (3) any legal or policy limitations with respect to the + development or carrying out of such countermeasures. + (c) Definitions.-- + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security of the House of + Representatives and the Committee on Homeland Security and + Governmental Affairs of the Senate; and + (C) the Committees on the Judiciary of the House of + Representatives and the Senate. + (2) International mobile subscriber identity-catcher.--The term + ``International Mobile Subscriber Identity-catcher'' means a device + used for intercepting mobile phone identifying information and + location data. +SEC. 5726. SECURING ENERGY INFRASTRUCTURE. + (a) Definitions.--In this section: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security and Governmental + Affairs and the Committee on Energy and Natural Resources of + the Senate; and + (C) the Committee on Homeland Security and the Committee on + Energy and Commerce of the House of Representatives. + (2) Covered entity.--The term ``covered entity'' means an + entity identified pursuant to section 9(a) of Executive Order No. + 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to + identification of critical infrastructure where a cybersecurity + incident could reasonably result in catastrophic regional or + national effects on public health or safety, economic security, or + national security. + (3) Exploit.--The term ``exploit'' means a software tool + designed to take advantage of a security vulnerability. + (4) Industrial control system.--The term ``industrial control + system'' means an operational technology used to measure, control, + or manage industrial functions, and includes supervisory control + and data acquisition systems, distributed control systems, and + programmable logic or embedded controllers. + (5) National laboratory.--The term ``National Laboratory'' has + the meaning given the term in section 2 of the Energy Policy Act of + 2005 (42 U.S.C. 15801). + (6) Program.--The term ``Program'' means the pilot program + established under subsection (b). + (7) Secretary.--Except as otherwise specifically provided, the + term ``Secretary'' means the Secretary of Energy. + (8) Security vulnerability.--The term ``security + vulnerability'' means any attribute of hardware, software, process, + or procedure that could enable or facilitate the defeat of a + security control. + (b) Pilot Program for Securing Energy Infrastructure.--Not later +than 180 days after the date of the enactment of this Act, the +Secretary shall establish a 2-year control systems implementation pilot +program within the National Laboratories for the purposes of-- + (1) partnering with covered entities in the energy sector + (including critical component manufacturers in the supply chain) + that voluntarily participate in the Program to identify new classes + of security vulnerabilities of the covered entities; and + (2) evaluating technology and standards, in partnership with + covered entities, to isolate and defend industrial control systems + of covered entities from security vulnerabilities and exploits in + the most critical systems of the covered entities, including-- + (A) analog and nondigital control systems; + (B) purpose-built control systems; and + (C) physical controls. + (c) Working Group To Evaluate Program Standards and Develop +Strategy.-- + (1) Establishment.--The Secretary shall establish a working + group-- + (A) to evaluate the technology and standards used in the + Program under subsection (b)(2); and + (B) to develop a national cyber-informed engineering + strategy to isolate and defend covered entities from security + vulnerabilities and exploits in the most critical systems of + the covered entities. + (2) Membership.--The working group established under paragraph + (1) shall be composed of not fewer than 10 members, to be appointed + by the Secretary, at least 1 member of which shall represent each + of the following: + (A) The Department of Energy. + (B) The energy industry, including electric utilities and + manufacturers recommended by the Energy Sector coordinating + councils. + (C)(i) The Department of Homeland Security; or + (ii) the Industrial Control Systems Cyber Emergency + Response Team. + (D) The North American Electric Reliability Corporation. + (E) The Nuclear Regulatory Commission. + (F)(i) The Office of the Director of National Intelligence; + or + (ii) the intelligence community (as defined in section 3 of + the National Security Act of 1947 (50 U.S.C. 3003)). + (G)(i) The Department of Defense; or + (ii) the Assistant Secretary of Defense for Homeland + Security and America's Security Affairs. + (H) A State or regional energy agency. + (I) A national research body or academic institution. + (J) The National Laboratories. + (d) Reports on the Program.-- + (1) Interim report.--Not later than 180 days after the date on + which funds are first disbursed under the Program, the Secretary + shall submit to the appropriate congressional committees an interim + report that-- + (A) describes the results of the Program; + (B) includes an analysis of the feasibility of each method + studied under the Program; and + (C) describes the results of the evaluations conducted by + the working group established under subsection (c)(1). + (2) Final report.--Not later than 2 years after the date on + which funds are first disbursed under the Program, the Secretary + shall submit to the appropriate congressional committees a final + report that-- + (A) describes the results of the Program; + (B) includes an analysis of the feasibility of each method + studied under the Program; and + (C) describes the results of the evaluations conducted by + the working group established under subsection (c)(1). + (e) Exemption From Disclosure.--Information shared by or with the +Federal Government or a State, Tribal, or local government under this +section-- + (1) shall be deemed to be voluntarily shared information; + (2) shall be exempt from disclosure under section 552 of title + 5, United States Code, or any provision of any State, Tribal, or + local freedom of information law, open government law, open + meetings law, open records law, sunshine law, or similar law + requiring the disclosure of information or records; and + (3) shall be withheld from the public, without discretion, + under section 552(b)(3) of title 5, United States Code, and any + provision of any State, Tribal, or local law requiring the + disclosure of information or records. + (f) Protection From Liability.-- + (1) In general.--A cause of action against a covered entity for + engaging in the voluntary activities authorized under subsection + (b)-- + (A) shall not lie or be maintained in any court; and + (B) shall be promptly dismissed by the applicable court. + (2) Voluntary activities.--Nothing in this section subjects any + covered entity to liability for not engaging in the voluntary + activities authorized under subsection (b). + (g) No New Regulatory Authority for Federal Agencies.--Nothing in +this section authorizes the Secretary or the head of any other +department or agency of the Federal Government to issue new +regulations. + (h) Authorization of Appropriations.-- + (1) Pilot program.--There is authorized to be appropriated + $10,000,000 to carry out subsection (b). + (2) Working group and report.--There is authorized to be + appropriated $1,500,000 to carry out subsections (c) and (d). + (3) Availability.--Amounts made available under paragraphs (1) + and (2) shall remain available until expended. + + SUBDIVISION 2--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND + 2019 + +SEC. 6100. TABLE OF CONTENTS. + The table of contents for this subdivision is as follows: + +Sec. 6100. Table of contents. + + TITLE LXI--INTELLIGENCE ACTIVITIES + +Sec. 6101. Authorization of appropriations. +Sec. 6102. Intelligence Community Management Account. + +TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM + +Sec. 6201. Authorization of appropriations. +Sec. 6202. Computation of annuities for employees of the Central + Intelligence Agency. + + TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS + +Sec. 6301. Restriction on conduct of intelligence activities. +Sec. 6302. Increase in employee compensation and benefits authorized by + law. +Sec. 6303. Modification of special pay authority for science, + technology, engineering, or mathematics positions and addition + of special pay authority for cyber positions. +Sec. 6304. Modification of appointment of Chief Information Officer of + the Intelligence Community. +Sec. 6305. Director of National Intelligence review of placement of + positions within the intelligence community on the Executive + Schedule. +Sec. 6306. Supply Chain and Counterintelligence Risk Management Task + Force. +Sec. 6307. Consideration of adversarial telecommunications and + cybersecurity infrastructure when sharing intelligence with + foreign governments and entities. +Sec. 6308. Cyber protection support for the personnel of the + intelligence community in positions highly vulnerable to cyber + attack. +Sec. 6309. Elimination of sunset of authority relating to management of + supply-chain risk. +Sec. 6310. Limitations on determinations regarding certain security + classifications. +Sec. 6311. Joint Intelligence Community Council. +Sec. 6312. Intelligence community information technology environment. +Sec. 6313. Report on development of secure mobile voice solution for + intelligence community. +Sec. 6314. Policy on minimum insider threat standards. +Sec. 6315. Submission of intelligence community policies. +Sec. 6316. Expansion of intelligence community recruitment efforts. + + TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY + + Subtitle A--Office of the Director of National Intelligence + +Sec. 6401. Authority for protection of current and former employees of + the Office of the Director of National Intelligence. +Sec. 6402. Designation of the program manager-information-sharing + environment. +Sec. 6403. Technical modification to the executive schedule. +Sec. 6404. Chief Financial Officer of the Intelligence Community. +Sec. 6405. Chief Information Officer of the Intelligence Community. + + Subtitle B--Central Intelligence Agency + +Sec. 6411. Central Intelligence Agency subsistence for personnel + assigned to austere locations. +Sec. 6412. Special rules for certain monthly workers' compensation + payments and other payments for Central Intelligence Agency + personnel. +Sec. 6413. Expansion of security protective service jurisdiction of the + Central Intelligence Agency. +Sec. 6414. Repeal of foreign language proficiency requirement for + certain senior level positions in the Central Intelligence + Agency. + +Subtitle C--Office of Intelligence and Counterintelligence of Department + of Energy + +Sec. 6421. Consolidation of Department of Energy Offices of Intelligence + and Counterintelligence. +Sec. 6422. Repeal of Department of Energy Intelligence Executive + Committee and budget reporting requirement. -SEC. 10002. DEFINITIONS. + Subtitle D--Other Elements - In this division: - (1) Congressional intelligence committees.--The term - ``congressional intelligence committees'' has the meaning given - such term in section 3 of the National Security Act of 1947 (50 - U.S.C. 3003). - (2) Intelligence community.--The term ``intelligence - community'' has the meaning given such term in such section. - - TITLE CI--INTELLIGENCE ACTIVITIES - -SEC. 10101. AUTHORIZATION OF APPROPRIATIONS. - - (a) Fiscal Year 2019.--Funds are hereby authorized to be -appropriated for fiscal year 2019 for the conduct of the intelligence -and intelligence-related activities of the following elements of the -United States Government: - (1) The Office of the Director of National Intelligence. - (2) The Central Intelligence Agency. - (3) The Department of Defense. - (4) The Defense Intelligence Agency. - (5) The National Security Agency. - (6) The Department of the Army, the Department of the Navy, - and the Department of the Air Force. - (7) The Coast Guard. - (8) The Department of State. - (9) The Department of the Treasury. - (10) The Department of Energy. - (11) The Department of Justice. - (12) The Federal Bureau of Investigation. - (13) The Drug Enforcement Administration. - (14) The National Reconnaissance Office. - (15) The National Geospatial-Intelligence Agency. - (16) The Department of Homeland Security. +Sec. 6431. Plan for designation of counterintelligence component of + Defense Security Service as an element of intelligence + community. +Sec. 6432. Notice not required for private entities. +Sec. 6433. Establishment of advisory board for National Reconnaissance + Office. +Sec. 6434. Collocation of certain Department of Homeland Security + personnel at field locations. + + TITLE LXV--ELECTION MATTERS + +Sec. 6501. Report on cyber attacks by foreign governments against United + States election infrastructure. +Sec. 6502. Review of intelligence community's posture to collect against + and analyze Russian efforts to influence the Presidential + election. +Sec. 6503. Assessment of foreign intelligence threats to Federal + elections. +Sec. 6504. Strategy for countering Russian cyber threats to United + States elections. +Sec. 6505. Assessment of significant Russian influence campaigns + directed at foreign elections and referenda. +Sec. 6506. Information sharing with State election officials. +Sec. 6507. Notification of significant foreign cyber intrusions and + active measures campaigns directed at elections for Federal + offices. +Sec. 6508. Designation of counterintelligence officer to lead election + security matters. + + TITLE LXVI--SECURITY CLEARANCES + +Sec. 6601. Definitions. +Sec. 6602. Reports and plans relating to security clearances and + background investigations. +Sec. 6603. Improving the process for security clearances. +Sec. 6604. Goals for promptness of determinations regarding security + clearances. +Sec. 6605. Security Executive Agent. +Sec. 6606. Report on unified, simplified, Governmentwide standards for + positions of trust and security clearances. +Sec. 6607. Report on clearance in person concept. +Sec. 6608. Reports on reciprocity for security clearances inside of + departments and agencies. +Sec. 6609. Intelligence community reports on security clearances. +Sec. 6610. Periodic report on positions in the intelligence community + that can be conducted without access to classified + information, networks, or facilities. +Sec. 6611. Information-sharing program for positions of trust and + security clearances. +Sec. 6612. Report on protections for confidentiality of whistleblower- + related communications. +Sec. 6613. Reports on costs of security clearance background + investigations. + + TITLE LXVII--REPORTS AND OTHER MATTERS + + Subtitle A--Matters Relating to Russia and Other Foreign Powers + +Sec. 6701. Limitation relating to establishment or support of + cybersecurity unit with the Russian Federation. +Sec. 6702. Assessment of threat finance relating to Russia. +Sec. 6703. Notification of an active measures campaign. +Sec. 6704. Notification of travel by accredited diplomatic and consular + personnel of the Russian Federation in the United States. +Sec. 6705. Report and annual briefing on Iranian expenditures supporting + foreign military and terrorist activities. +Sec. 6706. Expansion of scope of committee to counter active measures. + + Subtitle B--Reports + +Sec. 6711. Technical correction to Inspector General study. +Sec. 6712. Reports on authorities of the Chief Intelligence Officer of + the Department of Homeland Security. +Sec. 6713. Review of intelligence community whistleblower matters. +Sec. 6714. Report on role of Director of National Intelligence with + respect to certain foreign investments. +Sec. 6715. Report on surveillance by foreign governments against United + States telecommunications networks. +Sec. 6716. Biennial report on foreign investment risks. +Sec. 6717. Modification of certain reporting requirement on travel of + foreign diplomats. +Sec. 6718. Semiannual reports on investigations of unauthorized + disclosures of classified information. +Sec. 6719. Congressional notification of designation of covered + intelligence officer as persona non grata. +Sec. 6720. Reports on intelligence community participation in + vulnerabilities equities process of Federal Government. +Sec. 6721. Inspectors General reports on classification. +Sec. 6722. Reports and briefings on national security effects of global + water insecurity and emerging infectious disease and + pandemics. +Sec. 6723. Annual report on memoranda of understanding between elements + of intelligence community and other entities of the United + States Government regarding significant operational activities + or policy. +Sec. 6724. Study on the feasibility of encrypting unclassified wireline + and wireless telephone calls. +Sec. 6725. Reports on intelligence community loan repayment and related + programs. +Sec. 6726. Repeal of certain reporting requirements. +Sec. 6727. Inspector General of the Intelligence Community report on + senior executives of the Office of the Director of National + Intelligence. +Sec. 6728. Briefing on Federal Bureau of Investigation offering + permanent residence to sources and cooperators. +Sec. 6729. Intelligence assessment of North Korea revenue sources. +Sec. 6730. Report on possible exploitation of virtual currencies by + terrorist actors. + + Subtitle C--Other Matters + +Sec. 6741. Public Interest Declassification Board. +Sec. 6742. Technical and clerical amendments to the National Security + Act of 1947. +Sec. 6743. Bug bounty programs. +Sec. 6744. Technical amendments related to the Department of Energy. +Sec. 6745. Sense of Congress on notification of certain disclosures of + classified information. +Sec. 6746. Sense of Congress on consideration of espionage activities + when considering whether or not to provide visas to foreign + individuals to be accredited to a United Nations mission in + the United States. +Sec. 6747. Sense of Congress on WikiLeaks. + + TITLE LXI--INTELLIGENCE ACTIVITIES + +SEC. 6101. AUTHORIZATION OF APPROPRIATIONS. + (a) Fiscal Year 2019.--Funds that were appropriated for fiscal year +2019 for the conduct of the intelligence and intelligence-related +activities of the following elements of the United States Government +are hereby authorized: + (1) The Office of the Director of National Intelligence. + (2) The Central Intelligence Agency. + (3) The Department of Defense. + (4) The Defense Intelligence Agency. + (5) The National Security Agency. + (6) The Department of the Army, the Department of the Navy, and + the Department of the Air Force. + (7) The Coast Guard. + (8) The Department of State. + (9) The Department of the Treasury. + (10) The Department of Energy. + (11) The Department of Justice. + (12) The Federal Bureau of Investigation. + (13) The Drug Enforcement Administration. + (14) The National Reconnaissance Office. + (15) The National Geospatial-Intelligence Agency. + (16) The Department of Homeland Security. (b) Fiscal Year 2018.--Funds that were appropriated for fiscal year 2018 for the conduct of the intelligence and intelligence-related activities of the elements of the United States set forth in subsection (a) are hereby authorized. +SEC. 6102. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. + The amounts that were appropriated for the Intelligence Community +Management Account of the Director of National Intelligence for fiscal +years 2018 and 2019 are hereby authorized. -SEC. 10102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. - - (a) Specifications of Amounts.--The amounts authorized to be -appropriated under section 10101 for the conduct of the intelligence -activities of the elements listed in paragraphs (1) through (16) of -section 10101, are those specified in the classified Schedule of -Authorizations prepared to accompany this division. - (b) Availability of Classified Schedule of Authorizations.-- - (1) Availability.--The classified Schedule of - Authorizations referred to in subsection (a) shall be made - available to the Committee on Appropriations of the Senate, the - Committee on Appropriations of the House of Representatives, - and to the President. - (2) Distribution by the president.--Subject to paragraph - (3), the President shall provide for suitable distribution of - the classified Schedule of Authorizations referred to in - subsection (a), or of appropriate portions of such Schedule, - within the executive branch. - (3) Limits on disclosure.--The President shall not publicly - disclose the classified Schedule of Authorizations or any - portion of such Schedule except-- - (A) as provided in section 601(a) of the - Implementing Recommendations of the 9/11 Commission Act - of 2007 (50 U.S.C. 3306(a)); - (B) to the extent necessary to implement the - budget; or - (C) as otherwise required by law. - -SEC. 10103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. - - (a) Authorization of Appropriations.--There is authorized to be -appropriated for the Intelligence Community Management Account of the -Director of National Intelligence for fiscal year 2019 the sum of -$522,424,000. - (b) Classified Authorization of Appropriations.--In addition to -amounts authorized to be appropriated for the Intelligence Community -Management Account by subsection (a), there are authorized to be -appropriated for the Intelligence Community Management Account for -fiscal year 2019 such additional amounts as are specified in the -classified Schedule of Authorizations referred to in section 10102(a). - -TITLE CII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM - -SEC. 10201. AUTHORIZATION OF APPROPRIATIONS. - - There is authorized to be appropriated for the Central Intelligence -Agency Retirement and Disability Fund $514,000,000 for fiscal year -2019. - -SEC. 10202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL - INTELLIGENCE AGENCY. + TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY + SYSTEM +SEC. 6201. AUTHORIZATION OF APPROPRIATIONS. + The amounts that were appropriated for the Central Intelligence +Agency Retirement and Disability Fund for fiscal years 2018 and 2019 +are hereby authorized. +SEC. 6202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL +INTELLIGENCE AGENCY. (a) Computation of Annuities.-- - (1) In general.--Section 221 of the Central Intelligence - Agency Retirement Act (50 U.S.C. 2031) is amended-- - (A) in subsection (a)(3)(B), by striking the period - at the end and inserting ``, as determined by using the - annual rate of basic pay that would be payable for - full-time service in that position.''; - (B) in subsection (b)(1)(C)(i), by striking ``12- - month'' and inserting ``2-year''; - (C) in subsection (f)(2), by striking ``one year'' - and inserting ``two years''; - (D) in subsection (g)(2), by striking ``one year'' - each place such term appears and inserting ``two - years''; - (E) by redesignating subsections (h), (i), (j), - (k), and (l) as subsections (i), (j), (k), (l), and - (m), respectively; and - (F) by inserting after subsection (g) the - following: + (1) In general.--Section 221 of the Central Intelligence Agency + Retirement Act (50 U.S.C. 2031) is amended-- + (A) in subsection (a)(3)(B), by striking the period at the + end and inserting ``, as determined by using the annual rate of + basic pay that would be payable for full-time service in that + position.''; + (B) in subsection (b)(1)(C)(i), by striking ``12-month'' + and inserting ``2-year''; + (C) in subsection (f)(2), by striking ``one year'' and + inserting ``two years''; + (D) in subsection (g)(2), by striking ``one year'' each + place such term appears and inserting ``two years''; + (E) by redesignating subsections (h), (i), (j), (k), and + (l) as subsections (i), (j), (k), (l), and (m), respectively; + and + (F) by inserting after subsection (g) the following: ``(h) Conditional Election of Insurable Interest Survivor Annuity by Participants Married at the Time of Retirement.-- - ``(1) Authority to make designation.--Subject to the - rights of former spouses under subsection (b) and section 222, - at the time of retirement a married participant found by the - Director to be in good health may elect to receive an annuity - reduced in accordance with subsection (f)(1)(B) and designate - in writing an individual having an insurable interest in the - participant to receive an annuity under the system after the - participant's death, except that any such election to provide - an insurable interest survivor annuity to the participant's - spouse shall only be effective if the participant's spouse - waives the spousal right to a survivor annuity under this Act. - The amount of the annuity shall be equal to 55 percent of the - participant's reduced annuity. - ``(2) Reduction in participant's annuity.--The annuity - payable to the participant making such election shall be - reduced by 10 percent of an annuity computed under subsection - (a) and by an additional 5 percent for each full 5 years the - designated individual is younger than the participant. The - total reduction under this subparagraph may not exceed 40 - percent. - ``(3) Commencement of survivor annuity.--The annuity - payable to the designated individual shall begin on the day - after the retired participant dies and terminate on the last - day of the month before the designated individual dies. - ``(4) Recomputation of participant's annuity on death of - designated individual.--An annuity that is reduced under this - subsection shall, effective the first day of the month - following the death of the designated individual, be recomputed - and paid as if the annuity had not been so reduced.''. - (2) Conforming amendments.-- - (A) Central intelligence agency retirement act.-- - The Central Intelligence Agency Retirement Act (50 - U.S.C. 2001 et seq.) is amended-- - (i) in section 232(b)(1) (50 U.S.C. - 2052(b)(1)), by striking ``221(h),'' and - inserting ``221(i),''; and - (ii) in section 252(h)(4) (50 U.S.C. - 2082(h)(4)), by striking ``221(k)'' and - inserting ``221(l)''. - (B) Central intelligence agency act of 1949.-- - Subsection (a) of section 14 of the Central - Intelligence Agency Act of 1949 (50 U.S.C. 3514(a)) is - amended by striking ``221(h)(2), 221(i), 221(l),'' and - inserting ``221(i)(2), 221(j), 221(m),''. + ``(1) Authority to make designation.--Subject to the rights of + former spouses under subsection (b) and section 222, at the time of + retirement a married participant found by the Director to be in + good health may elect to receive an annuity reduced in accordance + with subsection (f)(1)(B) and designate in writing an individual + having an insurable interest in the participant to receive an + annuity under the system after the participant's death, except that + any such election to provide an insurable interest survivor annuity + to the participant's spouse shall only be effective if the + participant's spouse waives the spousal right to a survivor annuity + under this Act. The amount of the annuity shall be equal to 55 + percent of the participant's reduced annuity. + ``(2) Reduction in participant's annuity.--The annuity payable + to the participant making such election shall be reduced by 10 + percent of an annuity computed under subsection (a) and by an + additional 5 percent for each full 5 years the designated + individual is younger than the participant. The total reduction + under this subparagraph may not exceed 40 percent. + ``(3) Commencement of survivor annuity.--The annuity payable to + the designated individual shall begin on the day after the retired + participant dies and terminate on the last day of the month before + the designated individual dies. + ``(4) Recomputation of participant's annuity on death of + designated individual.--An annuity that is reduced under this + subsection shall, effective the first day of the month following + the death of the designated individual, be recomputed and paid as + if the annuity had not been so reduced.''. + (2) Conforming amendments.-- + (A) Central intelligence agency retirement act.--The + Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et + seq.) is amended-- + (i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), by + striking ``221(h),'' and inserting ``221(i),''; and + (ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), by + striking ``221(k)'' and inserting ``221(l)''. + (B) Central intelligence agency act of 1949.--Subsection + (a) of section 14 of the Central Intelligence Agency Act of + 1949 (50 U.S.C. 3514(a)) is amended by striking ``221(h)(2), + 221(i), 221(l),'' and inserting ``221(i)(2), 221(j), 221(m),''. (b) Annuities for Former Spouses.--Subparagraph (B) of section 222(b)(5) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2032(b)(5)(B)) is amended by striking ``one year'' and inserting ``two @@ -42922,9 +56898,9 @@ the Central Intelligence Agency Retirement Act (50 U.S.C. that term appears and inserting ``March 31, 1991''. (d) Reemployment Compensation.--Section 273 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended-- - (1) by redesignating subsections (b) and (c) as subsections - (c) and (d), respectively; and - (2) by inserting after subsection (a) the following: + (1) by redesignating subsections (b) and (c) as subsections (c) + and (d), respectively; and + (2) by inserting after subsection (a) the following: ``(b) Part-Time Reemployed Annuitants.--The Director shall have the authority to reemploy an annuitant on a part-time basis in accordance with section 8344(l) of title 5, United States Code.''. @@ -42933,120 +56909,104 @@ subsection (a)(1)(A) and subsection (c) shall take effect as if enacted on October 28, 2009, and shall apply to computations or participants, respectively, as of such date. - TITLE CIII--GENERAL INTELLIGENCE COMMUNITY MATTERS + TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS -SEC. 10301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. - - The authorization of appropriations by this division shall not be -deemed to constitute authority for the conduct of any intelligence +SEC. 6301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. + The authorization of appropriations by this subdivision shall not +be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. - -SEC. 10302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED - BY LAW. - - Appropriations authorized by this division for salary, pay, +SEC. 6302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY +LAW. + Appropriations authorized by this subdivision for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. - -SEC. 10303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE, - TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS AND - ADDITION OF SPECIAL PAY AUTHORITY FOR CYBER POSITIONS. - +SEC. 6303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE, +TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS AND ADDITION OF +SPECIAL PAY AUTHORITY FOR CYBER POSITIONS. Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a) is amended-- - (1) by amending subsection (a) to read as follows: + (1) by amending subsection (a) to read as follows: ``(a) Special Rates of Pay for Positions Requiring Expertise in Science, Technology, Engineering, or Mathematics.-- - ``(1) In general.--Notwithstanding part III of title 5, - United States Code, the head of each element of the - intelligence community may, for 1 or more categories of - positions in such element that require expertise in science, - technology, engineering, or mathematics-- - ``(A) establish higher minimum rates of pay; and - ``(B) make corresponding increases in all rates of - pay of the pay range for each grade or level, subject - to subsection (b) or (c), as applicable. - ``(2) Treatment.--The special rate supplements resulting - from the establishment of higher rates under paragraph (1) - shall be basic pay for the same or similar purposes as those - specified in section 5305(j) of title 5, United States Code.''; - (2) by redesignating subsections (b) through (f) as - subsections (c) through (g), respectively; - (3) by inserting after subsection (a) the following: + ``(1) In general.--Notwithstanding part III of title 5, United + States Code, the head of each element of the intelligence community + may, for one or more categories of positions in such element that + require expertise in science, technology, engineering, or + mathematics-- + ``(A) establish higher minimum rates of pay; and + ``(B) make corresponding increases in all rates of pay of + the pay range for each grade or level, subject to subsection + (b) or (c), as applicable. + ``(2) Treatment.--The special rate supplements resulting from + the establishment of higher rates under paragraph (1) shall be + basic pay for the same or similar purposes as those specified in + section 5305(j) of title 5, United States Code.''; + (2) by redesignating subsections (b) through (f) as subsections + (c) through (g), respectively; + (3) by inserting after subsection (a) the following: ``(b) Special Rates of Pay for Cyber Positions.-- - ``(1) In general.--Notwithstanding subsection (c), the - Director of the National Security Agency may establish a - special rate of pay-- - ``(A) not to exceed the rate of basic pay payable - for level II of the Executive Schedule under section - 5313 of title 5, United States Code, if the Director - certifies to the Under Secretary of Defense for - Intelligence, in consultation with the Under Secretary - of Defense for Personnel and Readiness, that the rate - of pay is for positions that perform functions that - execute the cyber mission of the Agency; or - ``(B) not to exceed the rate of basic pay payable - for the Vice President of the United States under - section 104 of title 3, United States Code, if the - Director certifies to the Secretary of Defense, by - name, individuals that have advanced skills and - competencies and that perform critical functions that - execute the cyber mission of the Agency. - ``(2) Pay limitation.--Employees receiving a special rate - under paragraph (1) shall be subject to an aggregate pay - limitation that parallels the limitation established in section - 5307 of title 5, United States Code, except that-- - ``(A) any allowance, differential, bonus, award, or - other similar cash payment in addition to basic pay - that is authorized under title 10, United States Code, - (or any other applicable law in addition to title 5 of - such Code, excluding the Fair Labor Standards Act of - 1938 (29 U.S.C. 201 et seq.)) shall also be counted as - part of aggregate compensation; and - ``(B) aggregate compensation may not exceed the - rate established for the Vice President of the United - States under section 104 of title 3, United States - Code. - ``(3) Limitation on number of recipients.--The number of - individuals who receive basic pay established under paragraph - (1)(B) may not exceed 100 at any time. - ``(4) Limitation on use as comparative reference.-- - Notwithstanding any other provision of law, special rates of - pay and the limitation established under paragraph (1)(B) may - not be used as comparative references for the purpose of fixing - the rates of basic pay or maximum pay limitations of qualified - positions under section 1599f of title 10, United States Code, - or section 226 of the Homeland Security Act of 2002 (6 U.S.C. - 147).''; - (4) in subsection (c), as redesignated by paragraph (2), by - striking ``A minimum'' and inserting ``Except as provided in - subsection (b), a minimum''; - (5) in subsection (d), as redesignated by paragraph (2), by - inserting ``or (b)'' after ``by subsection (a)''; and - (6) in subsection (g), as redesignated by paragraph (2)-- - (A) in paragraph (1), by striking ``Not later than - 90 days after the date of the enactment of the - Intelligence Authorization Act for Fiscal Year 2017'' - and inserting ``Not later than 90 days after the date - of the enactment of the Damon Paul Nelson and Matthew - Young Pollard Intelligence Authorization Act for Fiscal - Years 2018 and 2019''; and - (B) in paragraph (2)(A), by inserting ``or (b)'' - after ``subsection (a)''. - -SEC. 10304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION OFFICER OF - THE INTELLIGENCE COMMUNITY. - + ``(1) In general.--Notwithstanding subsection (c), the Director + of the National Security Agency may establish a special rate of + pay-- + ``(A) not to exceed the rate of basic pay payable for level + II of the Executive Schedule under section 5313 of title 5, + United States Code, if the Director certifies to the Under + Secretary of Defense for Intelligence, in consultation with the + Under Secretary of Defense for Personnel and Readiness, that + the rate of pay is for positions that perform functions that + execute the cyber mission of the Agency; or + ``(B) not to exceed the rate of basic pay payable for the + Vice President of the United States under section 104 of title + 3, United States Code, if the Director certifies to the + Secretary of Defense, by name, individuals that have advanced + skills and competencies and that perform critical functions + that execute the cyber mission of the Agency. + ``(2) Pay limitation.--Employees receiving a special rate under + paragraph (1) shall be subject to an aggregate pay limitation that + parallels the limitation established in section 5307 of title 5, + United States Code, except that-- + ``(A) any allowance, differential, bonus, award, or other + similar cash payment in addition to basic pay that is + authorized under title 10, United States Code, (or any other + applicable law in addition to title 5 of such Code, excluding + the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)) + shall also be counted as part of aggregate compensation; and + ``(B) aggregate compensation may not exceed the rate + established for the Vice President of the United States under + section 104 of title 3, United States Code. + ``(3) Limitation on number of recipients.--The number of + individuals who receive basic pay established under paragraph + (1)(B) may not exceed 100 at any time. + ``(4) Limitation on use as comparative reference.-- + Notwithstanding any other provision of law, special rates of pay + and the limitation established under paragraph (1)(B) may not be + used as comparative references for the purpose of fixing the rates + of basic pay or maximum pay limitations of qualified positions + under section 1599f of title 10, United States Code, or section 226 + of the Homeland Security Act of 2002 (6 U.S.C. 147).''; + (4) in subsection (c), as redesignated by paragraph (2), by + striking ``A minimum'' and inserting ``Except as provided in + subsection (b), a minimum''; + (5) in subsection (d), as redesignated by paragraph (2), by + inserting ``or (b)'' after ``by subsection (a)''; and + (6) in subsection (g), as redesignated by paragraph (2)-- + (A) in paragraph (1), by striking ``Not later than 90 days + after the date of the enactment of the Intelligence + Authorization Act for Fiscal Year 2017'' and inserting ``Not + later than 90 days after the date of the enactment of the Damon + Paul Nelson and Matthew Young Pollard Intelligence + Authorization Act for Fiscal Years 2018 and 2019''; and + (B) in paragraph (2)(A), by inserting ``or (b)'' after + ``subsection (a)''. +SEC. 6304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION OFFICER OF +THE INTELLIGENCE COMMUNITY. Section 103G(a) of the National Security Act of 1947 (50 U.S.C. 3032(a)) is amended by striking ``President'' and inserting ``Director''. - -SEC. 10305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF PLACEMENT OF - POSITIONS WITHIN THE INTELLIGENCE COMMUNITY ON THE - EXECUTIVE SCHEDULE. - +SEC. 6305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF PLACEMENT OF +POSITIONS WITHIN THE INTELLIGENCE COMMUNITY ON THE EXECUTIVE SCHEDULE. (a) Review.--The Director of National Intelligence, in coordination with the Director of the Office of Personnel Management, shall conduct a review of positions within the intelligence community regarding the @@ -43054,13 +57014,12 @@ placement of such positions on the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code. In carrying out such review, the Director of National Intelligence, in coordination with the Director of the Office of Personnel Management, shall determine-- - (1) the standards under which such review will be - conducted; - (2) which positions should or should not be on the - Executive Schedule; and - (3) for those positions that should be on the Executive - Schedule, the level of the Executive Schedule at which such - positions should be placed. + (1) the standards under which such review will be conducted; + (2) which positions should or should not be on the Executive + Schedule; and + (3) for those positions that should be on the Executive + Schedule, the level of the Executive Schedule at which such + positions should be placed. (b) Report.--Not later than 60 days after the date on which the review under subsection (a) is completed, the Director of National Intelligence shall submit to the congressional intelligence committees, @@ -43068,18 +57027,16 @@ the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives an unredacted report describing the standards by which the review was conducted and the outcome of the review. - -SEC. 10306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK MANAGEMENT TASK - FORCE. - +SEC. 6306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK MANAGEMENT TASK +FORCE. (a) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the following: - (1) The congressional intelligence committees. - (2) The Committee on Armed Services and the Committee on - Homeland Security and Governmental Affairs of the Senate. - (3) The Committee on Armed Services, the Committee on - Homeland Security, and the Committee on Oversight and Reform of - the House of Representatives. + (1) The congressional intelligence committees. + (2) The Committee on Armed Services and the Committee on + Homeland Security and Governmental Affairs of the Senate. + (3) The Committee on Armed Services, the Committee on Homeland + Security, and the Committee on Oversight and Reform of the House of + Representatives. (b) Requirement to Establish.--The Director of National Intelligence shall establish a Supply Chain and Counterintelligence Risk Management Task Force to standardize information sharing between @@ -43089,20 +57046,17 @@ counterintelligence risks. (c) Members.--The Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall be composed of-- - (1) a representative of the Defense Security Service of the - Department of Defense; - (2) a representative of the General Services - Administration; - (3) a representative of the Office of Federal Procurement - Policy of the Office of Management and Budget; - (4) a representative of the Department of Homeland - Security; - (5) a representative of the Federal Bureau of - Investigation; - (6) the Director of the National Counterintelligence and - Security Center; and - (7) any other members the Director of National Intelligence - determines appropriate. + (1) a representative of the Defense Security Service of the + Department of Defense; + (2) a representative of the General Services Administration; + (3) a representative of the Office of Federal Procurement + Policy of the Office of Management and Budget; + (4) a representative of the Department of Homeland Security; + (5) a representative of the Federal Bureau of Investigation; + (6) the Director of the National Counterintelligence and + Security Center; and + (7) any other members the Director of National Intelligence + determines appropriate. (d) Security Clearances.--Each member of the Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall have a security clearance at the top secret level @@ -43111,54 +57065,49 @@ and be able to access sensitive compartmented information. Management Task Force established under subsection (b) shall submit to the appropriate congressional committees an annual report that describes the activities of the Task Force during the previous year, -including identification of the supply chain and counterintelligence -risks shared with the acquisition community of the United States -Government by the intelligence community. - -SEC. 10307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND - CYBERSECURITY INFRASTRUCTURE WHEN SHARING INTELLIGENCE - WITH FOREIGN GOVERNMENTS AND ENTITIES. - +including identification of the supply chain, cybersecurity, and +counterintelligence risks shared with the acquisition community of the +United States Government by the intelligence community. +SEC. 6307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND +CYBERSECURITY INFRASTRUCTURE WHEN SHARING INTELLIGENCE WITH FOREIGN +GOVERNMENTS AND ENTITIES. Whenever the head of an element of the intelligence community -enters into an intelligence sharing agreement with a foreign government +enters into an intelligence-sharing agreement with a foreign government or any other foreign entity, the head of the element shall consider the pervasiveness of telecommunications and cybersecurity infrastructure, equipment, and services provided by adversaries of the United States, particularly China and Russia, or entities of such adversaries in the country or region of the foreign government or other foreign entity entering into the agreement. - -SEC. 10308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE - INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE TO - CYBER ATTACK. - +SEC. 6308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE +INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK. (a) Definitions.--In this section: - (1) Personal accounts.--The term ``personal accounts'' - means accounts for online and telecommunications services, - including telephone, residential Internet access, email, text - and multimedia messaging, cloud computing, social media, health - care, and financial services, used by personnel of the - intelligence community outside of the scope of their employment - with elements of the intelligence community. - (2) Personal technology devices.--The term ``personal - technology devices'' means technology devices used by personnel - of the intelligence community outside of the scope of their - employment with elements of the intelligence community, - including networks to which such devices connect. - (b) Authority to Provide Cyber Protection Support.-- - (1) In general.--Subject to a determination by the Director - of National Intelligence, the Director may provide cyber - protection support for the personal technology devices and - personal accounts of the personnel described in paragraph (2). - (2) At-risk personnel.--The personnel described in this - paragraph are personnel of the intelligence community-- - (A) who the Director determines to be highly - vulnerable to cyber attacks and hostile information - collection activities because of the positions occupied - by such personnel in the intelligence community; and - (B) whose personal technology devices or personal - accounts are highly vulnerable to cyber attacks and - hostile information collection activities. + (1) Personal accounts.--The term ``personal accounts'' means + accounts for online and telecommunications services, including + telephone, residential internet access, email, text and multimedia + messaging, cloud computing, social media, health care, and + financial services, used by personnel of the intelligence community + outside of the scope of their employment with elements of the + intelligence community. + (2) Personal technology devices.--The term ``personal + technology devices'' means technology devices used by personnel of + the intelligence community outside of the scope of their employment + with elements of the intelligence community, including networks to + which such devices connect. + (b) Authority To Provide Cyber Protection Support.-- + (1) In general.--Subject to a determination by the Director of + National Intelligence, the Director may provide cyber protection + support for the personal technology devices and personal accounts + of the personnel described in paragraph (2). + (2) At-risk personnel.--The personnel described in this + paragraph are personnel of the intelligence community-- + (A) who the Director determines to be highly vulnerable to + cyber attacks and hostile information collection activities + because of the positions occupied by such personnel in the + intelligence community; and + (B) whose personal technology devices or personal accounts + are highly vulnerable to cyber attacks and hostile information + collection activities. (c) Nature of Cyber Protection Support.--Subject to the availability of resources, the cyber protection support provided to personnel under subsection (b) may include training, advice, @@ -43166,234 +57115,190 @@ assistance, and other services relating to cyber attacks and hostile information collection activities. (d) Limitation on Support.--Nothing in this section shall be construed-- - (1) to encourage personnel of the intelligence community to - use personal technology devices for official business; or - (2) to authorize cyber protection support for senior - intelligence community personnel using personal devices, - networks, and personal accounts in an official capacity. + (1) to encourage personnel of the intelligence community to use + personal technology devices for official business; or + (2) to authorize cyber protection support for senior + intelligence community personnel using personal devices, networks, + and personal accounts in an official capacity. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees a report on the provision of cyber protection support under subsection (b). The report shall include-- - (1) a description of the methodology used to make the - determination under subsection (b)(2); and - (2) guidance for the use of cyber protection support and - tracking of support requests for personnel receiving cyber - protection support under subsection (b). - -SEC. 10309. MODIFICATION OF AUTHORITY RELATING TO MANAGEMENT OF SUPPLY- - CHAIN RISK. - - (a) Modification of Effective Date.--Subsection (f) of section 309 -of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law -112-87; 50 U.S.C. 3329 note) is amended by striking ``the date that is -180 days after''. - (b) Repeal of Sunset.--Such section is amended by striking + (1) a description of the methodology used to make the + determination under subsection (b)(2); and + (2) guidance for the use of cyber protection support and + tracking of support requests for personnel receiving cyber + protection support under subsection (b). +SEC. 6309. ELIMINATION OF SUNSET OF AUTHORITY RELATING TO MANAGEMENT OF +SUPPLY-CHAIN RISK. + Section 309 of the Intelligence Authorization Act for Fiscal Year +2012 (Public Law 112-87; 50 U.S.C. 3329 note) is amended by striking subsection (g). - (c) Reports.--Such section, as amended by subsection (b), is -further amended-- - (1) by redesignating subsection (f), as amended by - subsection (a), as subsection (g); and - (2) by inserting after subsection (e) the following: - ``(f) Annual Reports.-- - ``(1) In general.--Except as provided in paragraph (2), not - later than 180 days after the date of the enactment of the - Damon Paul Nelson and Matthew Young Pollard Intelligence - Authorization Act for Fiscal Years 2018 and 2019 and not less - frequently than once each calendar year thereafter, the - Director of National Intelligence shall, in consultation with - each head of a covered agency, submit to the congressional - intelligence committees (as defined in section 3 of the - National Security Act of 1947 (50 U.S.C. 3003)), a report that - details the determinations and notifications made under - subsection (c) during the most recently completed calendar - year. - ``(2) Initial report.--The first report submitted under - paragraph (1) shall detail all the determinations and - notifications made under subsection (c) before the date of the - submittal of the report.''. - -SEC. 10310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN SECURITY - CLASSIFICATIONS. - +SEC. 6310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN SECURITY +CLASSIFICATIONS. (a) Prohibition.--An officer of an element of the intelligence community who has been nominated by the President for a position that requires the advice and consent of the Senate may not make a classification decision with respect to information related to such officer's nomination. (b) Classification Determinations.-- - (1) In general.--Except as provided in paragraph (2), in a - case in which an officer described in subsection (a) has been - nominated as described in such subsection and classification - authority rests with the officer or another officer who reports - directly to such officer, a classification decision with - respect to information relating to the officer shall be made by - the Director of National Intelligence. - (2) Nominations of director of national intelligence.--In a - case described in paragraph (1) in which the officer nominated - is the Director of National Intelligence, the classification - decision shall be made by the Principal Deputy Director of - National Intelligence. + (1) In general.--Except as provided in paragraph (2), in a case + in which an officer described in subsection (a) has been nominated + as described in such subsection and classification authority rests + with the officer or another officer who reports directly to such + officer, a classification decision with respect to information + relating to the officer shall be made by the Director of National + Intelligence. + (2) Nominations of director of national intelligence.--In a + case described in paragraph (1) in which the officer nominated is + the Director of National Intelligence, the classification decision + shall be made by the Principal Deputy Director of National + Intelligence. (c) Reports.--Whenever the Director or the Principal Deputy Director makes a decision under subsection (b), the Director or the Principal Deputy Director, as the case may be, shall submit to the congressional intelligence committees a report detailing the reasons for the decision. - -SEC. 10311. JOINT INTELLIGENCE COMMUNITY COUNCIL. - +SEC. 6311. JOINT INTELLIGENCE COMMUNITY COUNCIL. (a) Meetings.--Section 101A(d) of the National Security Act of 1947 (50 U.S.C. 3022(d)) is amended-- - (1) by striking ``regular''; and - (2) by inserting ``as the Director considers appropriate'' - after ``Council''. + (1) by striking ``regular''; and + (2) by inserting ``as the Director considers appropriate'' + after ``Council''. (b) Report on Function and Utility of the Joint Intelligence Community Council.-- - (1) In general.--No later than 180 days after the date of - the enactment of this Act, the Director of National - Intelligence, in coordination with the Executive Office of the - President and members of the Joint Intelligence Community - Council, shall submit to the congressional intelligence - committees a report on the function and utility of the Joint - Intelligence Community Council. - (2) Contents.--The report required by paragraph (1) shall - include the following: - (A) The number of physical or virtual meetings held - by the Council per year since the Council's inception. - (B) A description of the effect and accomplishments - of the Council. - (C) An explanation of the unique role of the - Council relative to other entities, including with - respect to the National Security Council and the - Executive Committee of the intelligence community. - (D) Recommendations for the future role and - operation of the Council. - (E) Such other matters relating to the function and - utility of the Council as the Director considers - appropriate. - (3) Form.--The report submitted under paragraph (1) shall - be submitted in unclassified form, but may include a classified - annex. - -SEC. 10312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT. - + (1) In general.--No later than 180 days after the date of the + enactment of this Act, the Director of National Intelligence, in + coordination with the Executive Office of the President and members + of the Joint Intelligence Community Council, shall submit to the + congressional intelligence committees a report on the function and + utility of the Joint Intelligence Community Council. + (2) Contents.--The report required by paragraph (1) shall + include the following: + (A) The number of physical or virtual meetings held by the + Council per year since the Council's inception. + (B) A description of the effect and accomplishments of the + Council. + (C) An explanation of the unique role of the Council + relative to other entities, including with respect to the + National Security Council and the Executive Committee of the + intelligence community. + (D) Recommendations for the future role and operation of + the Council. + (E) Such other matters relating to the function and utility + of the Council as the Director considers appropriate. + (3) Form.--The report submitted under paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. +SEC. 6312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT. (a) Definitions.--In this section: - (1) Core service.--The term ``core service'' means a - capability that is available to multiple elements of the - intelligence community and required for consistent operation of - the intelligence community information technology environment. - (2) Intelligence community information technology - environment.--The term ``intelligence community information - technology environment'' means all of the information - technology services across the intelligence community, - including the data sharing and protection environment across - multiple classification domains. + (1) Core service.--The term ``core service'' means a capability + that is available to multiple elements of the intelligence + community and required for consistent operation of the intelligence + community information technology environment. + (2) Intelligence community information technology + environment.--The term ``intelligence community information + technology environment'' means all of the information technology + services across the intelligence community, including the data + sharing and protection environment across multiple classification + domains. (b) Roles and Responsibilities.-- - (1) Director of national intelligence.--The Director of - National Intelligence shall be responsible for coordinating the - performance by elements of the intelligence community of the - intelligence community information technology environment, - including each of the following: - (A) Ensuring compliance with all applicable - environment rules and regulations of such environment. - (B) Ensuring measurable performance goals exist for - such environment. - (C) Documenting standards and practices of such - environment. - (D) Acting as an arbiter among elements of the - intelligence community related to any disagreements - arising out of the implementation of such environment. - (E) Delegating responsibilities to the elements of - the intelligence community and carrying out such other - responsibilities as are necessary for the effective - implementation of such environment. - (2) Core service providers.--Providers of core services - shall be responsible for-- - (A) providing core services, in coordination with - the Director of National Intelligence; and - (B) providing the Director with information - requested and required to fulfill the responsibilities - of the Director under paragraph (1). - (3) Use of core services.-- - (A) In general.--Except as provided in subparagraph - (B), each element of the intelligence community shall - use core services when such services are available. - (B) Exception.--The Director of National - Intelligence may provide for a written exception to the - requirement under subparagraph (A) if the Director - determines there is a compelling financial or mission - need for such exception. + (1) Director of national intelligence.--The Director of + National Intelligence shall be responsible for coordinating the + performance by elements of the intelligence community of the + intelligence community information technology environment, + including each of the following: + (A) Ensuring compliance with all applicable environment + rules and regulations of such environment. + (B) Ensuring measurable performance goals exist for such + environment. + (C) Documenting standards and practices of such + environment. + (D) Acting as an arbiter among elements of the intelligence + community related to any disagreements arising out of the + implementation of such environment. + (E) Delegating responsibilities to the elements of the + intelligence community and carrying out such other + responsibilities as are necessary for the effective + implementation of such environment. + (2) Core service providers.--Providers of core services shall + be responsible for-- + (A) providing core services, in coordination with the + Director of National Intelligence; and + (B) providing the Director with information requested and + required to fulfill the responsibilities of the Director under + paragraph (1). + (3) Use of core services.-- + (A) In general.--Except as provided in subparagraph (B), + each element of the intelligence community shall use core + services when such services are available. + (B) Exception.--The Director of National Intelligence may + provide for a written exception to the requirement under + subparagraph (A) if the Director determines there is a + compelling financial or mission need for such exception. (c) Management Accountability.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall designate and maintain one or more accountable executives of the intelligence community information technology environment to be responsible for-- - (1) management, financial control, and integration of such - environment; - (2) overseeing the performance of each core service, - including establishing measurable service requirements and - schedules; - (3) to the degree feasible, ensuring testing of each core - service of such environment, including testing by the intended - users, to evaluate performance against measurable service - requirements and to ensure the capability meets user - requirements; and - (4) coordinate transition or restructuring efforts of such - environment, including phaseout of legacy systems. + (1) management, financial control, and integration of such + environment; + (2) overseeing the performance of each core service, including + establishing measurable service requirements and schedules; + (3) to the degree feasible, ensuring testing of each core + service of such environment, including testing by the intended + users, to evaluate performance against measurable service + requirements and to ensure the capability meets user requirements; + and + (4) coordinate transition or restructuring efforts of such + environment, including phaseout of legacy systems. (d) Security Plan.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and maintain a security plan for the intelligence community information technology environment. - (e) Long-term Roadmap.--Not later than 180 days after the date of + (e) Long-Term Roadmap.--Not later than 180 days after the date of the enactment of this Act, and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a long-term roadmap that shall include each of the following: - (1) A description of the minimum required and desired core - service requirements, including-- - (A) key performance parameters; and - (B) an assessment of current, measured performance. - (2) implementation milestones for the intelligence - community information technology environment, including each of - the following: - (A) A schedule for expected deliveries of core - service capabilities during each of the following - phases: - (i) Concept refinement and technology - maturity demonstration. - (ii) Development, integration, and - demonstration. - (iii) Production, deployment, and - sustainment. - (iv) System retirement. - (B) Dependencies of such core service capabilities. - (C) Plans for the transition or restructuring - necessary to incorporate core service capabilities. - (D) A description of any legacy systems and - discontinued capabilities to be phased out. - (3) Such other matters as the Director determines - appropriate. + (1) A description of the minimum required and desired core + service requirements, including-- + (A) key performance parameters; and + (B) an assessment of current, measured performance. + (2) Implementation milestones for the intelligence community + information technology environment, including each of the + following: + (A) A schedule for expected deliveries of core service + capabilities during each of the following phases: + (i) Concept refinement and technology maturity + demonstration. + (ii) Development, integration, and demonstration. + (iii) Production, deployment, and sustainment. + (iv) System retirement. + (B) Dependencies of such core service capabilities. + (C) Plans for the transition or restructuring necessary to + incorporate core service capabilities. + (D) A description of any legacy systems and discontinued + capabilities to be phased out. + (3) Such other matters as the Director determines appropriate. (f) Business Plan.--Not later than 180 days after the date of the enactment of this Act, and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a business plan that includes each of the following: - (1) A systematic approach to identify core service funding - requests for the intelligence community information technology - environment within the proposed budget, including multiyear - plans to implement the long-term roadmap required by subsection - (e). - (2) A uniform approach by which each element of the - intelligence community shall identify the cost of legacy - information technology or alternative capabilities where - services of the intelligence community information technology - environment will also be available. - (3) A uniform effort by which each element of the - intelligence community shall identify transition and - restructuring costs for new, existing, and retiring services of - the intelligence community information technology environment, - as well as services of such environment that have changed - designations as a core service. + (1) A systematic approach to identify core service funding + requests for the intelligence community information technology + environment within the proposed budget, including multiyear plans + to implement the long-term roadmap required by subsection (e). + (2) A uniform approach by which each element of the + intelligence community shall identify the cost of legacy + information technology or alternative capabilities where services + of the intelligence community information technology environment + will also be available. + (3) A uniform effort by which each element of the intelligence + community shall identify transition and restructuring costs for + new, existing, and retiring services of the intelligence community + information technology environment, as well as services of such + environment that have changed designations as a core service. (g) Quarterly Presentations.--Beginning not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees @@ -43409,13 +57314,11 @@ affecting the intelligence community information technology environment, new initiatives or strategies related to or impacting such environment, and changes or deficiencies in the execution of the security plan required by subsection (d), long-term roadmap required by -subsection (e), and business plan required by subsection (f) +subsection (e), and business plan required by subsection (f). (i) Sunset.--The section shall have no effect on or after September 30, 2024. - -SEC. 10313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE SOLUTION FOR - INTELLIGENCE COMMUNITY. - +SEC. 6313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE SOLUTION FOR +INTELLIGENCE COMMUNITY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency and @@ -43426,20 +57329,18 @@ the implementation of a secure mobile voice solution for the intelligence community. (b) Contents.--The report required by subsection (a) shall include, at a minimum, the following: - (1) The benefits and disadvantages of a secure mobile voice - solution. - (2) Whether the intelligence community could leverage - commercially available technology for classified voice - communications that operates on commercial mobile networks in a - secure manner and identifying the accompanying security risks - to such networks. - (3) A description of any policies or community guidance - that would be necessary to govern the potential solution, such - as a process for determining the appropriate use of a secure - mobile telephone and any limitations associated with such use. - -SEC. 10314. POLICY ON MINIMUM INSIDER THREAT STANDARDS. - + (1) The benefits and disadvantages of a secure mobile voice + solution. + (2) Whether the intelligence community could leverage + commercially available technology for classified voice + communications that operates on commercial mobile networks in a + secure manner and identifying the accompanying security risks to + such networks. + (3) A description of any policies or community guidance that + would be necessary to govern the potential solution, such as a + process for determining the appropriate use of a secure mobile + telephone and any limitations associated with such use. +SEC. 6314. POLICY ON MINIMUM INSIDER THREAT STANDARDS. (a) Policy Required.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall establish a policy for minimum insider threat standards that is @@ -43448,43 +57349,37 @@ Standards for Executive Branch Insider Threat Programs. (b) Implementation.--Not later than 180 days after the date of the enactment of this Act, the head of each element of the intelligence community shall implement the policy established under subsection (a). - -SEC. 10315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES. - +SEC. 6315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES. (a) Definitions.--In this section: - (1) Electronic repository.--The term ``electronic - repository'' means the electronic distribution mechanism, in - use as of the date of the enactment of this Act, or any - successor electronic distribution mechanism, by which the - Director of National Intelligence submits to the congressional - intelligence committees information. - (2) Policy.--The term ``policy'', with respect to the - intelligence community, includes unclassified or classified-- - (A) directives, policy guidance, and policy - memoranda of the intelligence community; - (B) executive correspondence of the Director of - National Intelligence; and - (C) any equivalent successor policy instruments. + (1) Electronic repository.--The term ``electronic repository'' + means the electronic distribution mechanism, in use as of the date + of the enactment of this Act, or any successor electronic + distribution mechanism, by which the Director of National + Intelligence submits to the congressional intelligence committees + information. + (2) Policy.--The term ``policy'', with respect to the + intelligence community, includes unclassified or classified-- + (A) directives, policy guidance, and policy memoranda of + the intelligence community; + (B) executive correspondence of the Director of National + Intelligence; and + (C) any equivalent successor policy instruments. (b) Submission of Policies.-- - (1) Current policy.--Not later than 180 days after the date - of the enactment of this Act, the Director of National - Intelligence shall submit to the congressional intelligence - committees using the electronic repository all nonpublicly - available policies issued by the Director of National - Intelligence for the intelligence community that are in effect - as of the date of the submission. - (2) Continuous updates.--Not later than 15 days after the - date on which the Director of National Intelligence issues, - modifies, or rescinds a policy of the intelligence community, - the Director shall-- - (A) notify the congressional intelligence - committees of such addition, modification, or removal; - and - (B) update the electronic repository with respect - to such addition, modification, or removal. - -SEC. 10316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT EFFORTS. - + (1) Current policy.--Not later than 180 days after the date of + the enactment of this Act, the Director of National Intelligence + shall submit to the congressional intelligence committees using the + electronic repository all nonpublicly available policies issued by + the Director of National Intelligence for the intelligence + community that are in effect as of the date of the submission. + (2) Continuous updates.--Not later than 15 days after the date + on which the Director of National Intelligence issues, modifies, or + rescinds a policy of the intelligence community, the Director + shall-- + (A) notify the congressional intelligence committees of + such addition, modification, or removal; and + (B) update the electronic repository with respect to such + addition, modification, or removal. +SEC. 6316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT EFFORTS. In order to further increase the diversity of the intelligence community workforce, not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in @@ -43497,13 +57392,11 @@ congressional committees shall have 60 days to submit comments to the Director of National Intelligence before such plan shall be implemented. - TITLE CIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY - + TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY Subtitle A--Office of the Director of National Intelligence -SEC. 10401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF - THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. - +SEC. 6401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF +THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)(4)) is amended by striking ``such personnel of the Office of the Director of National Intelligence as the Director of @@ -43511,18 +57404,16 @@ National Intelligence may designate;'' and inserting ``current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;''. - -SEC. 10402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION SHARING - ENVIRONMENT. - - (a) Information Sharing Environment.--Section 1016(b) of the +SEC. 6402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION-SHARING +ENVIRONMENT. + (a) Information-sharing Environment.--Section 1016(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)) is amended-- - (1) in paragraph (1), by striking ``President'' and - inserting ``Director of National Intelligence''; and - (2) in paragraph (2), by striking ``President'' both places - that term appears and inserting ``Director of National - Intelligence''. + (1) in paragraph (1), by striking ``President'' and inserting + ``Director of National Intelligence''; and + (2) in paragraph (2), by striking ``President'' both places + that term appears and inserting ``Director of National + Intelligence''. (b) Program Manager.--Section 1016(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by striking ``The individual designated as the program manager shall serve @@ -43530,25 +57421,19 @@ as program manager until removed from service or replaced by the President (at the President's sole discretion).'' and inserting ``Beginning on the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years -2018 and 2019, each individual designated as the program manager shall -be appointed by the Director of National Intelligence.''. - -SEC. 10403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE. - +2018, 2019 and 2020, each individual designated as the program manager +shall be appointed by the Director of National Intelligence.''. +SEC. 6403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE. Section 5315 of title 5, United States Code, is amended by adding at the end the following: ``Director of the National Counterintelligence and Security Center.''. - -SEC. 10404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY. - +SEC. 6404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY. Section 103I(a) of the National Security Act of 1947 (50 U.S.C. 3034(a)) is amended by adding at the end the following new sentence: ``The Chief Financial Officer shall report directly to the Director of National Intelligence.''. - -SEC. 10405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY. - +SEC. 6405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY. Section 103G(a) of the National Security Act of 1947 (50 U.S.C. 3032(a)) is amended by adding at the end the following new sentence: ``The Chief Information Officer shall report directly to the Director @@ -43556,39 +57441,126 @@ of National Intelligence.''. Subtitle B--Central Intelligence Agency -SEC. 10411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR PERSONNEL - ASSIGNED TO AUSTERE LOCATIONS. - +SEC. 6411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR PERSONNEL +ASSIGNED TO AUSTERE LOCATIONS. Subsection (a) of section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3506) is amended-- - (1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,'' - and inserting ``(50 U.S.C. 403-4a),''; - (2) in paragraph (6), by striking ``and'' at the end; - (3) in paragraph (7), by striking the period at the end and - inserting ``; and''; and - (4) by adding at the end the following new paragraph (8): - ``(8) Upon the approval of the Director, provide, during - any fiscal year, with or without reimbursement, subsistence to - any personnel assigned to an overseas location designated by - the Agency as an austere location.''. - -SEC. 10412. EXPANSION OF SECURITY PROTECTIVE SERVICE JURISDICTION OF - THE CENTRAL INTELLIGENCE AGENCY. - - Subsection (a) of section 15 of the Central Intelligence Act of -1949 (50 U.S.C. 3515(a)) is amended-- - (1) in the subsection heading, by striking ``Policemen'' - and inserting ``Police Officers''; and - (2) in paragraph (1)-- - (A) in subparagraph (B), by striking ``500 feet;'' - and inserting ``500 yards;''; and - (B) in subparagraph (D), by striking ``500 feet.'' - and inserting ``500 yards.''. - -SEC. 10413. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR - CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL - INTELLIGENCE AGENCY. + (1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,'' and + inserting ``(50 U.S.C. 403-4a),''; + (2) in paragraph (6), by striking ``and'' at the end; + (3) in paragraph (7), by striking the period at the end and + inserting ``; and''; and + (4) by adding at the end the following new paragraph: + ``(8) Upon the approval of the Director, provide, during any + fiscal year, with or without reimbursement, subsistence to any + personnel assigned to an overseas location designated by the Agency + as an austere location.''. +SEC. 6412. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION +PAYMENTS AND OTHER PAYMENTS FOR CENTRAL INTELLIGENCE AGENCY PERSONNEL. + (a) In General.--The Central Intelligence Agency Act of 1949 (50 +U.S.C. 3501 et seq.) is amended by inserting after section 19 the +following new section: + ``SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON + OF WAR, INSURGENCY, HOSTILE ACT, TERRORIST ACTIVITIES, OR + INCIDENTS DESIGNATED BY THE DIRECTOR. + ``(a) Definitions.--In this section: + ``(1) Covered dependent.--The term `covered dependent' means a + family member (as defined by the Director) of a covered employee + who, on or after September 11, 2001-- + ``(A) accompanies the covered employee to an assigned duty + station in a foreign country; and + ``(B) becomes injured by reason of a qualifying injury. + ``(2) Covered employee.--The term `covered employee' means an + officer or employee of the Central Intelligence Agency who, on or + after September 11, 2001, becomes injured by reason of a qualifying + injury. + ``(3) Covered individual.--The term `covered individual' means + an individual who-- + ``(A)(i) is detailed to the Central Intelligence Agency + from other agencies of the United States Government or from the + Armed Forces; or + ``(ii) is affiliated with the Central Intelligence Agency, + as determined by the Director; and + ``(B) who, on or after September 11, 2001, becomes injured + by reason of a qualifying injury. + ``(4) Qualifying injury.--The term `qualifying injury' means + the following: + ``(A) With respect to a covered dependent, an injury + incurred-- + ``(i) during a period in which the covered dependent is + accompanying the covered employee to an assigned duty + station in a foreign country; + ``(ii) in connection with war, insurgency, hostile act, + terrorist activity, or an incident designated for purposes + of this section by the Director; and + ``(iii) that was not the result of the willful + misconduct of the covered dependent. + ``(B) With respect to a covered employee or a covered + individual-- + ``(i) an injury incurred-- + + ``(I) during a period of assignment to a duty + station in a foreign country; + ``(II) in connection with war, insurgency, hostile + act, or terrorist activity; and + ``(III) that was not the result of the willful + misconduct of the covered employee or the covered + individual; or + ``(ii) an injury incurred-- + + ``(I) in connection with an incident designated for + purposes of this section by the Director; and + ``(II) that was not the result of the willful + misconduct of the covered employee or the covered + individual. + + ``(b) Adjustment of Compensation for Certain Injuries.-- + ``(1) Increase.--The Director may increase the amount of + monthly compensation paid to a covered employee under section 8105 + of title 5, United States Code. Subject to paragraph (2), the + Director may determine the amount of each such increase by taking + into account-- + ``(A) the severity of the qualifying injury; + ``(B) the circumstances by which the covered employee + became injured; and + ``(C) the seniority of the covered employee. + ``(2) Maximum.--Notwithstanding chapter 81 of title 5, United + States Code, the total amount of monthly compensation increased + under paragraph (1) may not exceed the monthly pay of the maximum + rate of basic pay for GS-15 of the General Schedule under section + 5332 of such title. + ``(c) Costs for Treating Qualifying Injuries.--The Director may pay +the costs of treating a qualifying injury of a covered employee, a +covered individual, or a covered dependent, or may reimburse a covered +employee, a covered individual, or a covered dependent for such costs, +that are not otherwise covered by chapter 81 of title 5, United States +Code, or other provision of Federal law.''. + (b) Regulations.--Not later than 120 days after the date of the +enactment of this Act, the Director of the Central Intelligence Agency +shall-- + (1) prescribe regulations ensuring the fair and equitable + implementation of section 19A of the Central Intelligence Agency + Act of 1949, as added by subsection (a); and + (2) submit to the congressional intelligence committees such + regulations. + (c) Application.--Section 19A of the Central Intelligence Agency +Act of 1949, as added by subsection (a), shall apply with respect to-- + (1) payments made to covered employees (as defined in such + section) under section 8105 of title 5, United States Code, + beginning on or after the date of the enactment of this Act; and + (2) treatment described in subsection (b) of such section 19A + occurring on or after the date of the enactment of this Act. +SEC. 6413. EXPANSION OF SECURITY PROTECTIVE SERVICE JURISDICTION OF THE +CENTRAL INTELLIGENCE AGENCY. + Subsection (a)(1) of section 15 of the Central Intelligence Agency +Act of 1949 (50 U.S.C. 3515(a)(1)) is amended-- + (1) in subparagraph (B), by striking ``500 feet;'' and + inserting ``500 yards;''; and + (2) in subparagraph (D), by striking ``500 feet.'' and + inserting ``500 yards.''. +SEC. 6414. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR +CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL INTELLIGENCE AGENCY. (a) Repeal of Foreign Language Proficiency Requirement.--Section 104A of the National Security Act of 1947 (50 U.S.C. 3036) is amended by striking subsection (g). @@ -43599,13 +57571,13 @@ Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108- Subtitle C--Office of Intelligence and Counterintelligence of Department of Energy -SEC. 10421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF - INTELLIGENCE AND COUNTERINTELLIGENCE. - +SEC. 6421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF +INTELLIGENCE AND COUNTERINTELLIGENCE. (a) In General.--Section 215 of the Department of Energy Organization Act (42 U.S.C. 7144b) is amended to read as follows: - ``office of intelligence and counterintelligence + + ``office of intelligence and counterintelligence ``Sec. 215. (a) Definitions.--In this section, the terms `intelligence community' and `National Intelligence Program' have the @@ -43638,22 +57610,18 @@ the Department of Energy Organization Act is amended by striking the items relating to sections 215 and 216 and inserting the following new item: -``215. Office of Intelligence and Counterintelligence.''. - -SEC. 10422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE EXECUTIVE - COMMITTEE AND BUDGET REPORTING REQUIREMENT. - +``Sec. 215. Office of Intelligence and Counterintelligence.''. +SEC. 6422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE EXECUTIVE +COMMITTEE AND BUDGET REPORTING REQUIREMENT. Section 214 of the Department of Energy Organization Act (42 U.S.C. 7144a) is amended-- - (1) by striking ``(a) Duty of Secretary.--''; and - (2) by striking subsections (b) and (c). + (1) by striking ``(a)''; and + (2) by striking subsections (b) and (c). Subtitle D--Other Elements -SEC. 10431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE COMPONENT OF - DEFENSE SECURITY SERVICE AS AN ELEMENT OF INTELLIGENCE - COMMUNITY. - +SEC. 6431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE COMPONENT OF +DEFENSE SECURITY SERVICE AS AN ELEMENT OF INTELLIGENCE COMMUNITY. Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and Under Secretary of Defense for Intelligence, in coordination with the Director of the National @@ -43663,186 +57631,87 @@ of the Senate, and the Committee on Armed Services of the House of Representatives a plan to designate the counterintelligence component of the Defense Security Service of the Department of Defense as an element of the intelligence community by not later than January 1, -2019. Such plan shall-- - (1) address the implications of such designation on the - authorities, governance, personnel, resources, information - technology, collection, analytic products, information sharing, - and business processes of the Defense Security Service and the - intelligence community; and - (2) not address the personnel security functions of the - Defense Security Service. - -SEC. 10432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES. - +2021. Such plan shall-- + (1) address the implications of such designation on the + authorities, governance, personnel, resources, information + technology, collection, analytic products, information sharing, and + business processes of the Defense Security Service and the + intelligence community; and + (2) not address the personnel security functions of the Defense + Security Service. +SEC. 6432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES. Section 3553 of title 44, United States Code, is amended-- - (1) by redesignating subsection (j) as subsection (k); and - (2) by inserting after subsection (i) the following: + (1) by redesignating subsection (j) as subsection (k); and + (2) by inserting after subsection (i) the following: ``(j) Rule of Construction.--Nothing in this section shall be construed to require the Secretary to provide notice to any private entity before the Secretary issues a binding operational directive under subsection (b)(2).''. - -SEC. 10433. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF DEFENSE - INTELLIGENCE AGENCY. - - (a) In General.--The Director of National Intelligence and the -Secretary of Defense shall jointly establish a framework to ensure the -appropriate balance of resources for the roles, missions, and functions -of the Defense Intelligence Agency in its capacity as an element of the -intelligence community and as a combat support agency. The framework -shall include supporting processes to provide for the consistent and -regular reevaluation of the responsibilities and resources of the -Defense Intelligence Agency to prevent imbalanced priorities, -insufficient or misaligned resources, and the unauthorized expansion of -mission parameters. - (b) Matters for Inclusion.--The framework required under subsection -(a) shall include each of the following: - (1) A lexicon providing for consistent definitions of - relevant terms used by both the intelligence community and the - Department of Defense, including each of the following: - (A) Defense intelligence enterprise. - (B) Enterprise manager. - (C) Executive agent. - (D) Function. - (E) Functional manager. - (F) Mission. - (G) Mission manager. - (H) Responsibility. - (I) Role. - (J) Service of common concern. - (2) An assessment of the necessity of maintaining separate - designations for the intelligence community and the Department - of Defense for intelligence functional or enterprise management - constructs. - (3) A repeatable process for evaluating the addition, - transfer, or elimination of defense intelligence missions, - roles, and functions, currently performed or to be performed in - the future by the Defense Intelligence Agency, which includes - each of the following: - (A) A justification for the addition, transfer, or - elimination of a mission, role, or function. - (B) The identification of which, if any, element of - the Federal Government performs the considered mission, - role, or function. - (C) In the case of any new mission, role, or - function-- - (i) an assessment of the most appropriate - agency or element to perform such mission, - role, or function, taking into account the - resource profiles, scope of responsibilities, - primary customers, and existing infrastructure - necessary to support such mission, role, or - function; and - (ii) a determination of the appropriate - resource profile and an identification of the - projected resources needed and the proposed - source of such resources over the future-years - defense program, to be provided in writing to - any elements of the intelligence community or - the Department of Defense affected by the - assumption, transfer, or elimination of any - mission, role, or function. - (D) In the case of any mission, role, or function - proposed to be assumed, transferred, or eliminated, an - assessment, which shall be completed jointly by the - heads of each element affected by such assumption, - transfer, or elimination, of the risks that would be - assumed by the intelligence community and the - Department if such mission, role, or function is - assumed, transferred, or eliminated. - (E) A description of how determinations are made - regarding the funding of programs and activities under - the National Intelligence Program and the Military - Intelligence Program, including-- - (i) which programs or activities are funded - under each such Program; - (ii) which programs or activities should be - jointly funded under both such Programs and how - determinations are made with respect to funding - allocations for such programs and activities; - and - (iii) the thresholds and process for - changing a program or activity from being - funded under one such Program to being funded - under the other such Program. - -SEC. 10434. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE - OFFICE. - +SEC. 6433. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE +OFFICE. (a) Establishment.--Section 106A of the National Security Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end the following new subsection: ``(d) Advisory Board.-- - ``(1) Establishment.--There is established in the National - Reconnaissance Office an advisory board (in this section - referred to as the `Board'). - ``(2) Duties.--The Board shall-- - ``(A) study matters relating to the mission of the - National Reconnaissance Office, including with respect - to promoting innovation, competition, and resilience in - space, overhead reconnaissance, acquisition, and other - matters; and - ``(B) advise and report directly to the Director - with respect to such matters. - ``(3) Members.-- - ``(A) Number and appointment.-- - ``(i) In general.--The Board shall be - composed of 5 members appointed by the Director - from among individuals with demonstrated - academic, government, business, or other - expertise relevant to the mission and functions - of the National Reconnaissance Office. - ``(ii) Notification.--Not later than 30 - days after the date on which the Director - appoints a member to the Board, the Director - shall notify the congressional intelligence - committees and the congressional defense - committees (as defined in section 101(a) of - title 10, United States Code) of such - appointment. - ``(B) Terms.--Each member shall be appointed for a - term of 2 years. Except as provided by subparagraph - (C), a member may not serve more than 3 terms. - ``(C) Vacancy.--Any member appointed to fill a - vacancy occurring before the expiration of the term for - which the member's predecessor was appointed shall be - appointed only for the remainder of that term. A member - may serve after the expiration of that member's term - until a successor has taken office. - ``(D) Chair.--The Board shall have a Chair, who - shall be appointed by the Director from among the - members. - ``(E) Travel expenses.--Each member shall receive - travel expenses, including per diem in lieu of - subsistence, in accordance with applicable provisions - under subchapter I of chapter 57 of title 5, United - States Code. - ``(F) Executive secretary.--The Director may - appoint an executive secretary, who shall be an - employee of the National Reconnaissance Office, to - support the Board. - ``(4) Meetings.--The Board shall meet not less than - quarterly, but may meet more frequently at the call of the - Director. - ``(5) Reports.--Not later than March 31 of each year, the - Board shall submit to the Director and to the congressional - intelligence committees a report on the activities and - significant findings of the Board during the preceding year. - ``(6) Nonapplicability of certain requirements.--The - Federal Advisory Committee Act (5 U.S.C. App.) shall not apply - to the Board. - ``(7) Termination.--The Board shall terminate on the date - that is 3 years after the date of the first meeting of the - Board.''. + ``(1) Establishment.--There is established in the National + Reconnaissance Office an advisory board (in this section referred + to as the `Board'). + ``(2) Duties.--The Board shall-- + ``(A) study matters relating to the mission of the National + Reconnaissance Office, including with respect to promoting + innovation, competition, and resilience in space, overhead + reconnaissance, acquisition, and other matters; and + ``(B) advise and report directly to the Director with + respect to such matters. + ``(3) Members.-- + ``(A) Number and appointment.-- + ``(i) In general.--The Board shall be composed of five + members appointed by the Director from among individuals + with demonstrated academic, government, business, or other + expertise relevant to the mission and functions of the + National Reconnaissance Office. + ``(ii) Notification.--Not later than 30 days after the + date on which the Director appoints a member to the Board, + the Director shall notify the congressional intelligence + committees and the congressional defense committees (as + defined in section 101(a) of title 10, United States Code) + of such appointment. + ``(B) Terms.--Each member shall be appointed for a term of + 2 years. Except as provided by subparagraph (C), a member may + not serve more than three terms. + ``(C) Vacancy.--Any member appointed to fill a vacancy + occurring before the expiration of the term for which the + member's predecessor was appointed shall be appointed only for + the remainder of that term. A member may serve after the + expiration of that member's term until a successor has taken + office. + ``(D) Chair.--The Board shall have a Chair, who shall be + appointed by the Director from among the members. + ``(E) Travel expenses.--Each member shall receive travel + expenses, including per diem in lieu of subsistence, in + accordance with applicable provisions under subchapter I of + chapter 57 of title 5, United States Code. + ``(F) Executive secretary.--The Director may appoint an + executive secretary, who shall be an employee of the National + Reconnaissance Office, to support the Board. + ``(4) Meetings.--The Board shall meet not less than quarterly, + but may meet more frequently at the call of the Director. + ``(5) Reports.--Not later than March 31 of each year, the Board + shall submit to the Director and to the congressional intelligence + committees a report on the activities and significant findings of + the Board during the preceding year. + ``(6) Nonapplicability of certain requirements.--The Federal + Advisory Committee Act (5 U.S.C. App.) shall not apply to the + Board. + ``(7) Termination.--The Board shall terminate on the date that + is 3 years after the date of the first meeting of the Board.''. (b) Initial Appointments.--Not later than 180 days after the date of the enactment of this Act, the Director of the National -Reconnaissance Office shall appoint the initial 5 members to the +Reconnaissance Office shall appoint the initial five members to the advisory board under subsection (d) of section 106A of the National Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a). - -SEC. 10435. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY - PERSONNEL AT FIELD LOCATIONS. - +SEC. 6434. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY +PERSONNEL AT FIELD LOCATIONS. (a) Identification of Opportunities for Collocation.--Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall @@ -43862,34 +57731,30 @@ of the enactment of this Act, the Under Secretary shall submit to the congressional intelligence committees a report that includes a plan for collocation as described in subsection (a). - TITLE CV--ELECTION MATTERS - -SEC. 10501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST - UNITED STATES ELECTION INFRASTRUCTURE. + TITLE LXV--ELECTION MATTERS +SEC. 6501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST +UNITED STATES ELECTION INFRASTRUCTURE. (a) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the congressional intelligence committees; - (B) the Committee on Homeland Security and - Governmental Affairs of the Senate; - (C) the Committee on Homeland Security of the House - of Representatives; - (D) the Committee on Foreign Relations of the - Senate; and - (E) the Committee on Foreign Affairs of the House - of Representatives. - (2) Congressional leadership.--The term ``congressional - leadership'' includes the following: - (A) The majority leader of the Senate. - (B) The minority leader of the Senate. - (C) The Speaker of the House of Representatives. - (D) The minority leader of the House of - Representatives. - (3) State.--The term ``State'' means any State of the - United States, the District of Columbia, the Commonwealth of - Puerto Rico, and any territory or possession of the United - States. + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (C) the Committee on Homeland Security of the House of + Representatives; + (D) the Committee on Foreign Relations of the Senate; and + (E) the Committee on Foreign Affairs of the House of + Representatives. + (2) Congressional leadership.--The term ``congressional + leadership'' includes the following: + (A) The majority leader of the Senate. + (B) The minority leader of the Senate. + (C) The Speaker of the House of Representatives. + (D) The minority leader of the House of Representatives. + (3) State.--The term ``State'' means any State of the United + States, the District of Columbia, the Commonwealth of Puerto Rico, + and any territory or possession of the United States. (b) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to congressional leadership and @@ -43905,101 +57770,91 @@ related computer networks, and the networks of Secretaries of State and other election officials of the various States. (c) Form.--The report submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. - -SEC. 10502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT - AGAINST AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE THE - PRESIDENTIAL ELECTION. - +SEC. 6502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT +AGAINST AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE THE PRESIDENTIAL +ELECTION. (a) Review Required.--Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall-- - (1) complete an after action review of the posture of the - intelligence community to collect against and analyze efforts - of the Government of Russia to interfere in the 2016 - Presidential election in the United States; and - (2) submit to the congressional intelligence committees a - report on the findings of the Director with respect to such - review. + (1) complete an after action review of the posture of the + intelligence community to collect against and analyze efforts of + the Government of Russia to interfere in the 2016 Presidential + election in the United States; and + (2) submit to the congressional intelligence committees a + report on the findings of the Director with respect to such review. (b) Elements.--The review required by subsection (a) shall include, with respect to the posture and efforts described in paragraph (1) of such subsection, the following: - (1) An assessment of whether the resources of the - intelligence community were properly aligned to detect and - respond to the efforts described in subsection (a)(1). - (2) An assessment of the information sharing that occurred - within elements of the intelligence community. - (3) An assessment of the information sharing that occurred - between elements of the intelligence community. - (4) An assessment of applicable authorities necessary to - collect on any such efforts and any deficiencies in those - authorities. - (5) A review of the use of open source material to inform - analysis and warning of such efforts. - (6) A review of the use of alternative and predictive - analysis. + (1) An assessment of whether the resources of the intelligence + community were properly aligned to detect and respond to the + efforts described in subsection (a)(1). + (2) An assessment of the information sharing that occurred + within elements of the intelligence community. + (3) An assessment of the information sharing that occurred + between elements of the intelligence community. + (4) An assessment of applicable authorities necessary to + collect on any such efforts and any deficiencies in those + authorities. + (5) A review of the use of open source material to inform + analysis and warning of such efforts. + (6) A review of the use of alternative and predictive analysis. (c) Form of Report.--The report required by subsection (a)(2) shall be submitted to the congressional intelligence committees in a classified form. - -SEC. 10503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL - ELECTIONS. - +SEC. 6503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL +ELECTIONS. (a) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the congressional intelligence committees; - (B) the Committee on Homeland Security and - Governmental Affairs of the Senate; and - (C) the Committee on Homeland Security of the House - of Representatives. - (2) Congressional leadership.--The term ``congressional - leadership'' includes the following: - (A) The majority leader of the Senate. - (B) The minority leader of the Senate. - (C) The Speaker of the House of Representatives. - (D) The minority leader of the House of - Representatives. - (3) Security vulnerability.--The term ``security - vulnerability'' has the meaning given such term in section 102 - of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. - 1501). + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security and Governmental + Affairs of the Senate; and + (C) the Committee on Homeland Security of the House of + Representatives. + (2) Congressional leadership.--The term ``congressional + leadership'' includes the following: + (A) The majority leader of the Senate. + (B) The minority leader of the Senate. + (C) The Speaker of the House of Representatives. + (D) The minority leader of the House of Representatives. + (3) Security vulnerability.--The term ``security + vulnerability'' has the meaning given such term in section 102 of + the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (b) In General.--The Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the heads of other relevant elements of the intelligence community, shall-- - (1) commence not later than 1 year before any regularly - scheduled Federal election occurring after December 31, 2018, - and complete not later than 180 days before such election, an - assessment of security vulnerabilities of State election - systems; and - (2) not later than 180 days before any regularly scheduled - Federal election occurring after December 31, 2018, submit a - report on such security vulnerabilities and an assessment of - foreign intelligence threats to the election to-- - (A) congressional leadership; and - (B) the appropriate congressional committees. + (1) commence not later than 1 year before any regularly + scheduled Federal election occurring after December 31, 2018, and + complete not later than 180 days before such election, an + assessment of security vulnerabilities of State election systems; + and + (2) not later than 180 days before any regularly scheduled + Federal election occurring after December 31, 2018, submit a report + on such security vulnerabilities and an assessment of foreign + intelligence threats to the election to-- + (A) congressional leadership; and + (B) the appropriate congressional committees. (c) Update.--Not later than 90 days before any regularly scheduled Federal election occurring after December 31, 2018, the Director of National Intelligence shall-- - (1) update the assessment of foreign intelligence threats - to that election; and - (2) submit the updated assessment to-- - (A) congressional leadership; and - (B) the appropriate congressional committees. - -SEC. 10504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED - STATES ELECTIONS. - + (1) update the assessment of foreign intelligence threats to + that election; and + (2) submit the updated assessment to-- + (A) congressional leadership; and + (B) the appropriate congressional committees. +SEC. 6504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED +STATES ELECTIONS. (a) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the following: - (1) The congressional intelligence committees. - (2) The Committee on Armed Services and the Committee on - Homeland Security and Governmental Affairs of the Senate. - (3) The Committee on Armed Services and the Committee on - Homeland Security of the House of Representatives. - (4) The Committee on Foreign Relations of the Senate. - (5) The Committee on Foreign Affairs of the House of - Representatives. + (1) The congressional intelligence committees. + (2) The Committee on Armed Services and the Committee on + Homeland Security and Governmental Affairs of the Senate. + (3) The Committee on Armed Services and the Committee on + Homeland Security of the House of Representatives. + (4) The Committee on Foreign Relations of the Senate. + (5) The Committee on Foreign Affairs of the House of + Representatives. (b) Requirement for a Strategy.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Homeland Security, @@ -44014,42 +57869,38 @@ equipment, and equipment and processes for the secure transmission of election results. (c) Elements of the Strategy.--The strategy required by subsection (b) shall include the following elements: - (1) A whole-of-government approach to protecting United - States electoral systems and processes that includes the - agencies and departments indicated in subsection (b) as well as - any other agencies and departments of the United States, as - determined appropriate by the Director of National Intelligence - and the Secretary of Homeland Security. - (2) Input solicited from Secretaries of State of the - various States and the chief election officials of the States. - (3) Technical security measures, including auditable paper - trails for voting machines, securing wireless and Internet - connections, and other technical safeguards. - (4) Detection of cyber threats, including attacks and - attempted attacks by Russian government or nongovernment cyber - threat actors. - (5) Improvements in the identification and attribution of - Russian government or nongovernment cyber threat actors. - (6) Deterrence, including actions and measures that could - or should be undertaken against or communicated to the - Government of Russia or other entities to deter attacks - against, or interference with, United States election systems - and processes. - (7) Improvements in Federal Government communications with - State and local election officials. - (8) Public education and communication efforts. - (9) Benchmarks and milestones to enable the measurement of - concrete steps taken and progress made in the implementation of - the strategy. + (1) A whole-of-government approach to protecting United States + electoral systems and processes that includes the agencies and + departments indicated in subsection (b) as well as any other + agencies and departments of the United States, as determined + appropriate by the Director of National Intelligence and the + Secretary of Homeland Security. + (2) Input solicited from Secretaries of State of the various + States and the chief election officials of the States. + (3) Technical security measures, including auditable paper + trails for voting machines, securing wireless and internet + connections, and other technical safeguards. + (4) Detection of cyber threats, including attacks and attempted + attacks by Russian government or nongovernment cyber threat actors. + (5) Improvements in the identification and attribution of + Russian government or nongovernment cyber threat actors. + (6) Deterrence, including actions and measures that could or + should be undertaken against or communicated to the Government of + Russia or other entities to deter attacks against, or interference + with, United States election systems and processes. + (7) Improvements in Federal Government communications with + State and local election officials. + (8) Public education and communication efforts. + (9) Benchmarks and milestones to enable the measurement of + concrete steps taken and progress made in the implementation of the + strategy. (d) Congressional Briefing.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Homeland Security shall jointly brief the appropriate congressional committees on the strategy developed under subsection (b). - -SEC. 10505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS - DIRECTED AT FOREIGN ELECTIONS AND REFERENDA. - +SEC. 6505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS +DIRECTED AT FOREIGN ELECTIONS AND REFERENDA. (a) Russian Influence Campaign Defined.--In this section, the term ``Russian influence campaign'' means any effort, covert or overt, and by any means, attributable to the Russian Federation directed at an @@ -44057,223 +57908,164 @@ election, referendum, or similar process in a country other than the Russian Federation or the United States. (b) Assessment Required.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall -submit to the congressional intelligence committees a report containing -an analytical assessment of the most significant Russian influence -campaigns, if any, conducted during the 3-year period preceding the -date of the enactment of this Act, as well as the most significant -current or planned such Russian influence campaigns, if any. Such -assessment shall include-- - (1) a summary of such significant Russian influence - campaigns, including, at a minimum, the specific means by which - such campaigns were conducted, are being conducted, or likely - will be conducted, as appropriate, and the specific goal of - each such campaign; - (2) a summary of any defenses against or responses to such - Russian influence campaigns by the foreign state holding the - elections or referenda; - (3) a summary of any relevant activities by elements of the - intelligence community undertaken for the purpose of assisting - the government of such foreign state in defending against or - responding to such Russian influence campaigns; and - (4) an assessment of the effectiveness of such defenses and - responses described in paragraphs (2) and (3). +submit to the congressional intelligence committees, the Committee on +Foreign Affairs of the House of Representatives, and the Committee on +Foreign Relations of the Senate a report containing an analytical +assessment of the most significant Russian influence campaigns, if any, +conducted during the 3-year period preceding the date of the enactment +of this Act, as well as the most significant current or planned such +Russian influence campaigns, if any. Such assessment shall include-- + (1) a summary of such significant Russian influence campaigns, + including, at a minimum, the specific means by which such campaigns + were conducted, are being conducted, or likely will be conducted, + as appropriate, and the specific goal of each such campaign; + (2) a summary of any defenses against or responses to such + Russian influence campaigns by the foreign state holding the + elections or referenda; + (3) a summary of any relevant activities by elements of the + intelligence community undertaken for the purpose of assisting the + government of such foreign state in defending against or responding + to such Russian influence campaigns; and + (4) an assessment of the effectiveness of such defenses and + responses described in paragraphs (2) and (3). (c) Form.--The report required by subsection (b) may be submitted in classified form, but if so submitted, shall contain an unclassified summary. - -SEC. 10506. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY THREATS TO - FEDERAL ELECTION CAMPAIGNS. - - (a) Reports Required.-- - (1) In general.--As provided in paragraph (2), for each - Federal election, the Director of National Intelligence, in - coordination with the Under Secretary of Homeland Security for - Intelligence and Analysis and the Director of the Federal - Bureau of Investigation, shall make publicly available on an - Internet website an advisory report on foreign - counterintelligence and cybersecurity threats to election - campaigns for Federal offices. Each such report shall include, - consistent with the protection of sources and methods, each of - the following: - (A) A description of foreign counterintelligence - and cybersecurity threats to election campaigns for - Federal offices. - (B) A summary of best practices that election - campaigns for Federal offices can employ in seeking to - counter such threats. - (C) An identification of any publicly available - resources, including United States Government - resources, for countering such threats. - (2) Schedule for submittal.--A report under this subsection - shall be made available as follows: - (A) In the case of a report regarding an election - held for the office of Senator or Member of the House - of Representatives during 2018, not later than the date - that is 60 days after the date of the enactment of this - Act. - (B) In the case of a report regarding an election - for a Federal office during any subsequent year, not - later than the date that is 1 year before the date of - the election. - (3) Information to be included.--A report under this - subsection shall reflect the most current information available - to the Director of National Intelligence regarding foreign - counterintelligence and cybersecurity threats. - (b) Treatment of Campaigns Subject to Heightened Threats.--If the -Director of the Federal Bureau of Investigation and the Under Secretary -of Homeland Security for Intelligence and Analysis jointly determine -that an election campaign for Federal office is subject to a heightened -foreign counterintelligence or cybersecurity threat, the Director and -the Under Secretary, consistent with the protection of sources and -methods, may make available additional information to the appropriate -representatives of such campaign. - -SEC. 10507. INFORMATION SHARING WITH STATE ELECTION OFFICIALS. - +SEC. 6506. INFORMATION SHARING WITH STATE ELECTION OFFICIALS. (a) State Defined.--In this section, the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (b) Security Clearances.-- - (1) In general.--Not later than 30 days after the date of - the enactment of this Act, the Director of National - Intelligence shall support the Under Secretary of Homeland - Security for Intelligence and Analysis, and any other official - of the Department of Homeland Security designated by the - Secretary of Homeland Security, in sponsoring a security - clearance up to the top secret level for each eligible chief - election official of a State or the District of Columbia, and - additional eligible designees of such election official as - appropriate, at the time that such election official assumes - such position. - (2) Interim clearances.--Consistent with applicable - policies and directives, the Director of National Intelligence - may issue interim clearances, for a period to be determined by - the Director, to a chief election official as described in - paragraph (1) and up to 1 designee of such official under such - paragraph. + (1) In general.--Not later than 30 days after the date of the + enactment of this Act, the Director of National Intelligence shall + support the Under Secretary of Homeland Security for Intelligence + and Analysis, and any other official of the Department of Homeland + Security designated by the Secretary of Homeland Security, in + sponsoring a security clearance up to the top secret level for each + eligible chief election official of a State or the District of + Columbia, and additional eligible designees of such election + official as appropriate, at the time that such election official + assumes such position. + (2) Interim clearances.--Consistent with applicable policies + and directives, the Director of National Intelligence may issue + interim clearances, for a period to be determined by the Director, + to a chief election official as described in paragraph (1) and up + to one designee of such official under such paragraph. (c) Information Sharing.-- - (1) In general.--The Director of National Intelligence - shall assist the Under Secretary of Homeland Security for - Intelligence and Analysis and the Under Secretary responsible - for overseeing critical infrastructure protection, - cybersecurity, and other related programs of the Department (as - specified in section 103(a)(1)(H) of the Homeland Security Act - of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any appropriate - classified information related to threats to election systems - and to the integrity of the election process with chief - election officials and such designees who have received a - security clearance under subsection (b). - (2) Coordination.--The Under Secretary of Homeland Security - for Intelligence and Analysis shall coordinate with the - Director of National Intelligence and the Under Secretary - responsible for overseeing critical infrastructure protection, - cybersecurity, and other related programs of the Department (as - specified in section 103(a)(1)(H) of the Homeland Security Act - of 2002 (6 U.S.C. 113(a)(1)(H))) to facilitate the sharing of - information to the affected Secretaries of State or States. - -SEC. 10508. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND - ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR - FEDERAL OFFICES. - + (1) In general.--The Director of National Intelligence shall + assist the Under Secretary of Homeland Security for Intelligence + and Analysis and the Under Secretary responsible for overseeing + critical infrastructure protection, cybersecurity, and other + related programs of the Department (as specified in section + 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. + 113(a)(1)(H))) with sharing any appropriate classified information + related to threats to election systems and to the integrity of the + election process with chief election officials and such designees + who have received a security clearance under subsection (b). + (2) Coordination.--The Under Secretary of Homeland Security for + Intelligence and Analysis shall coordinate with the Director of + National Intelligence and the Under Secretary responsible for + overseeing critical infrastructure protection, cybersecurity, and + other related programs of the Department (as specified in section + 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. + 113(a)(1)(H))) to facilitate the sharing of information to the + affected Secretaries of State or States. +SEC. 6507. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND +ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR FEDERAL OFFICES. (a) Definitions.--In this section: - (1) Active measures campaign.--The term ``active measures - campaign'' means a foreign semi-covert or covert intelligence - operation. - (2) Candidate, election, and political party.--The terms - ``candidate'', ``election'', and ``political party'' have the - meanings given those terms in section 301 of the Federal - Election Campaign Act of 1971 (52 U.S.C. 30101). - (3) Congressional leadership.--The term ``congressional - leadership'' includes the following: - (A) The majority leader of the Senate. - (B) The minority leader of the Senate. - (C) The Speaker of the House of Representatives. - (D) The minority leader of the House of - Representatives. - (4) Cyber intrusion.--The term ``cyber intrusion'' means an - electronic occurrence that actually or imminently jeopardizes, - without lawful authority, electronic election infrastructure, - or the integrity, confidentiality, or availability of - information within such infrastructure. - (5) Electronic election infrastructure.--The term - ``electronic election infrastructure'' means an electronic - information system of any of the following that is related to - an election for Federal office: - (A) The Federal Government. - (B) A State or local government. - (C) A political party. - (D) The election campaign of a candidate. - (6) Federal office.--The term ``Federal office'' has the - meaning given that term in section 301 of the Federal Election - Campaign Act of 1971 (52 U.S.C. 30101). - (7) High confidence.--The term ``high confidence'', with - respect to a determination, means that the determination is - based on high-quality information from multiple sources. - (8) Moderate confidence.--The term ``moderate confidence'', - with respect to a determination, means that a determination is - credibly sourced and plausible but not of sufficient quality or - corroborated sufficiently to warrant a higher level of - confidence. - (9) Other appropriate congressional committees.--The term - ``other appropriate congressional committees'' means-- - (A) the Committee on Armed Services, the Committee - on Homeland Security and Governmental Affairs, and the - Committee on Appropriations of the Senate; and - (B) the Committee on Armed Services, the Committee - on Homeland Security, and the Committee on - Appropriations of the House of Representatives. + (1) Active measures campaign.--The term ``active measures + campaign'' means a foreign semi-covert or covert intelligence + operation. + (2) Candidate, election, and political party.--The terms + ``candidate'', ``election'', and ``political party'' have the + meanings given those terms in section 301 of the Federal Election + Campaign Act of 1971 (52 U.S.C. 30101). + (3) Congressional leadership.--The term ``congressional + leadership'' includes the following: + (A) The majority leader of the Senate. + (B) The minority leader of the Senate. + (C) The Speaker of the House of Representatives. + (D) The minority leader of the House of Representatives. + (4) Cyber intrusion.--The term ``cyber intrusion'' means an + electronic occurrence that actually or imminently jeopardizes, + without lawful authority, electronic election infrastructure, or + the integrity, confidentiality, or availability of information + within such infrastructure. + (5) Electronic election infrastructure.--The term ``electronic + election infrastructure'' means an electronic information system of + any of the following that is related to an election for Federal + office: + (A) The Federal Government. + (B) A State or local government. + (C) A political party. + (D) The election campaign of a candidate. + (6) Federal office.--The term ``Federal office'' has the + meaning given that term in section 301 of the Federal Election + Campaign Act of 1971 (52 U.S.C. 30101). + (7) High confidence.--The term ``high confidence'', with + respect to a determination, means that the determination is based + on high-quality information from multiple sources. + (8) Moderate confidence.--The term ``moderate confidence'', + with respect to a determination, means that a determination is + credibly sourced and plausible but not of sufficient quality or + corroborated sufficiently to warrant a higher level of confidence. + (9) Other appropriate congressional committees.--The term + ``other appropriate congressional committees'' means-- + (A) the Committee on Armed Services, the Committee on + Foreign Relations, the Committee on Homeland Security and + Governmental Affairs, and the Committee on Appropriations of + the Senate; and + (B) the Committee on Armed Services, the Committee on + Foreign Affairs, the Committee on Homeland Security, and the + Committee on Appropriations of the House of Representatives. (b) Determinations of Significant Foreign Cyber Intrusions and Active Measures Campaigns.--The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly carry out subsection (c) if such Directors and the Secretary jointly determine-- - (1) that on or after the date of the enactment of this Act, - a significant foreign cyber intrusion or active measures - campaign intended to influence an upcoming election for any - Federal office has occurred or is occurring; and - (2) with moderate or high confidence, that such intrusion - or campaign can be attributed to a foreign state or to a - foreign nonstate person, group, or other entity. + (1) that on or after the date of the enactment of this Act, a + significant foreign cyber intrusion or active measures campaign + intended to influence an upcoming election for any Federal office + has occurred or is occurring; and + (2) with moderate or high confidence, that such intrusion or + campaign can be attributed to a foreign state or to a foreign + nonstate person, group, or other entity. (c) Briefing.-- - (1) In general.--Not later than 14 days after making a - determination under subsection (b), the Director of National - Intelligence, the Director of the Federal Bureau of - Investigation, and the Secretary of Homeland Security shall - jointly provide a briefing to the congressional leadership, the - congressional intelligence committees and, consistent with the - protection of sources and methods, the other appropriate - congressional committees. The briefing shall be classified and - address, at a minimum, the following: - (A) A description of the significant foreign cyber - intrusion or active measures campaign, as the case may - be, covered by the determination. - (B) An identification of the foreign state or - foreign nonstate person, group, or other entity, to - which such intrusion or campaign has been attributed. - (C) The desirability and feasibility of the public - release of information about the cyber intrusion or - active measures campaign. - (D) Any other information such Directors and the - Secretary jointly determine appropriate. - (2) Electronic election infrastructure briefings.--With - respect to a significant foreign cyber intrusion covered by a - determination under subsection (b), the Secretary of Homeland - Security, in consultation with the Director of National - Intelligence and the Director of the Federal Bureau of - Investigation, shall offer to the owner or operator of any - electronic election infrastructure directly affected by such - intrusion, a briefing on such intrusion, including steps that - may be taken to mitigate such intrusion. Such briefing may be - classified and made available only to individuals with - appropriate security clearances. - (3) Protection of sources and methods.--This subsection - shall be carried out in a manner that is consistent with the - protection of sources and methods. - -SEC. 10509. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION - SECURITY MATTERS. - + (1) In general.--Not later than 14 days after making a + determination under subsection (b), the Director of National + Intelligence, the Director of the Federal Bureau of Investigation, + and the Secretary of Homeland Security shall jointly provide a + briefing to the congressional leadership, the congressional + intelligence committees and, consistent with the protection of + sources and methods, the other appropriate congressional + committees. The briefing shall be classified and address, at a + minimum, the following: + (A) A description of the significant foreign cyber + intrusion or active measures campaign, as the case may be, + covered by the determination. + (B) An identification of the foreign state or foreign + nonstate person, group, or other entity, to which such + intrusion or campaign has been attributed. + (C) The desirability and feasibility of the public release + of information about the cyber intrusion or active measures + campaign. + (D) Any other information such Directors and the Secretary + jointly determine appropriate. + (2) Electronic election infrastructure briefings.--With respect + to a significant foreign cyber intrusion covered by a determination + under subsection (b), the Secretary of Homeland Security, in + consultation with the Director of National Intelligence and the + Director of the Federal Bureau of Investigation, shall offer to the + owner or operator of any electronic election infrastructure + directly affected by such intrusion, a briefing on such intrusion, + including steps that may be taken to mitigate such intrusion. Such + briefing may be classified and made available only to individuals + with appropriate security clearances. + (3) Protection of sources and methods.--This subsection shall + be carried out in a manner that is consistent with the protection + of sources and methods. +SEC. 6508. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION +SECURITY MATTERS. (a) In General.--The Director of National Intelligence shall designate a national counterintelligence officer within the National Counterintelligence and Security Center to lead, manage, and coordinate @@ -44284,375 +58076,339 @@ counterintelligence matters relating to risks posed by interference from foreign powers (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)) to the following: - (1) The Federal Government election security supply chain. - (2) Election voting systems and software. - (3) Voter registration databases. - (4) Critical infrastructure related to elections. - (5) Such other Government goods and services as the - Director of National Intelligence considers appropriate. - - TITLE CVI--SECURITY CLEARANCES + (1) The Federal Government election security supply chain. + (2) Election voting systems and software. + (3) Voter registration databases. + (4) Critical infrastructure related to elections. + (5) Such other Government goods and services as the Director of + National Intelligence considers appropriate. -SEC. 10601. DEFINITIONS. + TITLE LXVI--SECURITY CLEARANCES +SEC. 6601. DEFINITIONS. In this title: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the congressional intelligence committees; - (B) the Committee on Armed Services of the Senate; - (C) the Committee on Appropriations of the Senate; - (D) the Committee on Homeland Security and - Governmental Affairs of the Senate; - (E) the Committee on Armed Services of the House of - Representatives; - (F) the Committee on Appropriations of the House of - Representatives; - (G) the Committee on Homeland Security of the House - of Representatives; and - (H) the Committee on Oversight and Reform of the - House of Representatives. - (2) Appropriate industry partners.--The term ``appropriate - industry partner'' means a contractor, licensee, or grantee (as - defined in section 101(a) of Executive Order 12829 (50 U.S.C. - 3161 note; relating to National Industrial Security Program)) - that is participating in the National Industrial Security - Program established by such Executive Order. - (3) Continuous vetting.--The term ``continuous vetting'' - has the meaning given such term in Executive Order 13467 (50 - U.S.C. 3161 note; relating to reforming processes related to - suitability for government employment, fitness for contractor - employees, and eligibility for access to classified national - security information). - (4) Council.--The term ``Council'' means the Security, - Suitability, and Credentialing Performance Accountability - Council established pursuant to such Executive Order, or any - successor entity. - (5) Security executive agent.--The term ``Security - Executive Agent'' means the officer serving as the Security - Executive Agent pursuant to section 803 of the National - Security Act of 1947, as added by section 10605. - (6) Suitability and credentialing executive agent.--The - term ``Suitability and Credentialing Executive Agent'' means - the Director of the Office of Personnel Management acting as - the Suitability and Credentialing Executive Agent in accordance - with Executive Order 13467 (50 U.S.C. 3161 note; relating to - reforming processes related to suitability for government - employment, fitness for contractor employees, and eligibility - for access to classified national security information), or any - successor entity. - -SEC. 10602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND - BACKGROUND INVESTIGATIONS. - + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Armed Services of the Senate; + (C) the Committee on Appropriations of the Senate; + (D) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (E) the Committee on Armed Services of the House of + Representatives; + (F) the Committee on Appropriations of the House of + Representatives; + (G) the Committee on Homeland Security of the House of + Representatives; and + (H) the Committee on Oversight and Reform of the House of + Representatives. + (2) Appropriate industry partner.--The term ``appropriate + industry partner'' means a contractor, licensee, or grantee (as + defined in section 101(a) of Executive Order No. 12829 (50 U.S.C. + 3161 note; relating to National Industrial Security Program)) that + is participating in the National Industrial Security Program + established by such Executive order. + (3) Continuous vetting.--The term ``continuous vetting'' has + the meaning given such term in Executive Order No. 13467 (50 U.S.C. + 3161 note; relating to reforming processes for determining + suitability for government employment, fitness for contractor + employees, and eligibility for access to classified national + security information). + (4) Council.--The term ``Council'' means the Security, + Suitability, and Credentialing Performance Accountability Council + established pursuant to such Executive order, or any successor + entity. + (5) Reciprocity.--The term ``reciprocity'' means reciprocal + recognition by Federal departments and agencies of eligibility for + access to classified information. + (6) Security executive agent.--The term ``Security Executive + Agent'' means the officer serving as the Security Executive Agent + pursuant to section 803 of the National Security Act of 1947, as + added by section 6605. + (7) Suitability and credentialing executive agent.--The term + ``Suitability and Credentialing Executive Agent'' means the + Director of the Office of Personnel Management acting as the + Suitability and Credentialing Executive Agent in accordance with + Executive Order No. 13467 (50 U.S.C. 3161 note; relating to + reforming processes related to suitability for Government + employment, fitness for contractor employees, and eligibility for + access to classified national security information), or any + successor entity. +SEC. 6602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND +BACKGROUND INVESTIGATIONS. (a) Sense of Congress.--It is the sense of Congress that-- - (1) ensuring the trustworthiness and security of the - workforce, facilities, and information of the Federal - Government is of the highest priority to national security and - public safety; - (2) the President and Congress should prioritize the - modernization of the personnel security framework to improve - its efficiency, effectiveness, and accountability; - (3) the current system for security clearance, suitability - and fitness for employment, and credentialing lacks - efficiencies and capabilities to meet the current threat - environment, recruit and retain a trusted workforce, and - capitalize on modern technologies; and - (4) changes to policies or processes to improve this system - should be vetted through the Council to ensure standardization, - portability, and reciprocity in security clearances across the - Federal Government. + (1) ensuring the trustworthiness and security of the workforce, + facilities, and information of the Federal Government is of the + highest priority to national security and public safety; + (2) the President and Congress should prioritize the + modernization of the personnel security framework to improve its + efficiency, effectiveness, and accountability; + (3) the current system for background investigations for + security clearances, suitability and fitness for employment, and + credentialing lacks efficiencies and capabilities to meet the + current threat environment, recruit and retain a trusted workforce, + and capitalize on modern technologies; and + (4) changes to policies or processes to improve this system + should be vetted through the Council to ensure standardization, + portability, and reciprocity in security clearances across the + Federal Government. (b) Accountability Plans and Reports.-- - (1) Plans.--Not later than 90 days after the date of the - enactment of this Act, the Council shall submit to the - appropriate congressional committees and make available to - appropriate industry partners the following: - (A) A plan, with milestones, to reduce the - background investigation inventory to 200,000, or an - otherwise sustainable steady-level, by the end of year - 2020. Such plan shall include notes of any required - changes in investigative and adjudicative standards or - resources. - (B) A plan to consolidate the conduct of background - investigations associated with the processing for - security clearances in the most effective and efficient - manner between the National Background Investigation - Bureau and the Defense Security Service, or a successor - organization. Such plan shall address required funding, - personnel, contracts, information technology, field - office structure, policy, governance, schedule, - transition costs, and effects on stakeholders. - (2) Report on the future of personnel security.-- - (A) In general.--Not later than 180 days after the - date of the enactment of this Act, the Chairman of the - Council, in coordination with the members of the - Council, shall submit to the appropriate congressional - committees and make available to appropriate industry - partners a report on the future of personnel security - to reflect changes in threats, the workforce, and - technology. - (B) Contents.--The report submitted under - subparagraph (A) shall include the following: - (i) A risk framework for granting and - renewing access to classified information. - (ii) A discussion of the use of - technologies to prevent, detect, and monitor - threats. - (iii) A discussion of efforts to address - reciprocity and portability. - (iv) A discussion of the characteristics of - effective insider threat programs. - (v) An analysis of how to integrate data - from continuous evaluation, insider threat - programs, and human resources data. - (vi) Recommendations on interagency - governance. - (3) Plan for implementation.--Not later than 180 days after - the date of the enactment of this Act, the Chairman of the - Council, in coordination with the members of the Council, shall - submit to the appropriate congressional committees and make - available to appropriate industry partners a plan to implement - the report's framework and recommendations submitted under - paragraph (2)(A). - (4) Congressional notifications.--Not less frequently than - quarterly, the Security Executive Agent shall make available to - the public a report regarding the status of the disposition of - requests received from departments and agencies of the Federal - Government for a change to, or approval under, the Federal - investigative standards, the national adjudicative guidelines, - continuous evaluation, or other national policy regarding - personnel security. - -SEC. 10603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES. - + (1) Plans.--Not later than 90 days after the date of the + enactment of this Act, the Council shall submit to the appropriate + congressional committees and make available to appropriate industry + partners the following: + (A) A plan, with milestones, to reduce the background + investigation inventory to 200,000, or an otherwise sustainable + steady-level, by the end of year 2020. Such plan shall include + notes of any required changes in investigative and adjudicative + standards or resources. + (B) A plan to consolidate the conduct of background + investigations associated with the processing for security + clearances in the most effective and efficient manner in the + Defense Counterintelligence and Security Agency. Such plan + shall address required funding, personnel, contracts, + information technology, field office structure, policy, + governance, schedule, transition costs, and effects on + stakeholders. + (2) Report on the future of personnel security.-- + (A) In general.--Not later than 180 days after the date of + the enactment of this Act, the Chairman of the Council, in + coordination with the members of the Council, shall submit to + the appropriate congressional committees and make available to + appropriate industry partners a report on the future of + personnel security to reflect changes in threats, the + workforce, and technology. + (B) Contents.--The report submitted under subparagraph (A) + shall include the following: + (i) A risk framework for granting and renewing access + to classified information. + (ii) A discussion of the use of technologies to + prevent, detect, and monitor threats. + (iii) A discussion of efforts to address reciprocity + and portability. + (iv) A discussion of the characteristics of effective + insider threat programs. + (v) An analysis of how to integrate data from + continuous vetting, insider threat programs, and human + resources data. + (vi) Recommendations on interagency governance. + (3) Plan for implementation.--Not later than 180 days after the + date of the enactment of this Act, the Chairman of the Council, in + coordination with the members of the Council, shall submit to the + appropriate congressional committees and make available to + appropriate industry partners a plan to implement the report's + framework and recommendations submitted under paragraph (2)(A). + (4) Congressional notifications.--Not less frequently than + quarterly, the Security Executive Agent shall make available to the + public a report regarding the status of the disposition of requests + received from departments and agencies of the Federal Government + for a change to, or approval under, the Federal investigative + standards, the national adjudicative guidelines, continuous + vetting, or other national policy regarding personnel security. +SEC. 6603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES. (a) Reviews.--Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following: - (1) A review of whether the information requested on the - Questionnaire for National Security Positions (Standard Form - 86) and by the Federal Investigative Standards prescribed by - the Office of Personnel Management and the Office of the - Director of National Intelligence appropriately supports the - adjudicative guidelines under Security Executive Agent - Directive 4 (known as the ``National Security Adjudicative - Guidelines''). Such review shall include identification of - whether any such information currently collected is unnecessary - to support the adjudicative guidelines. - (2) An assessment of whether such Questionnaire, Standards, - and guidelines should be revised to account for the prospect of - a holder of a security clearance becoming an insider threat. - (3) Recommendations to improve the background investigation - process by-- - (A) simplifying the Questionnaire for National - Security Positions (Standard Form 86) and increasing - customer support to applicants completing such - Questionnaire; - (B) using remote techniques and centralized - locations to support or replace field investigation - work; - (C) using secure and reliable digitization of - information obtained during the clearance process; - (D) building the capacity of the background - investigation labor sector; and - (E) replacing periodic reinvestigations with - continuous evaluation techniques in all appropriate - circumstances. + (1) A review of whether the information requested on the + Questionnaire for National Security Positions (Standard Form 86) + and by the Federal Investigative Standards prescribed by the + Suitability and Credentialing Executive Agent and the Security + Executive Agent appropriately supports the adjudicative guidelines + under Security Executive Agent Directive 4 (known as the ``National + Security Adjudicative Guidelines''). Such review shall include + identification of whether any such information currently collected + is unnecessary to support the adjudicative guidelines. + (2) An assessment of whether such Questionnaire, Standards, and + guidelines should be revised to account for the prospect of a + holder of a security clearance becoming an insider threat. + (3) Recommendations to improve the background investigation + process by-- + (A) simplifying the Questionnaire for National Security + Positions (Standard Form 86) and increasing customer support to + applicants completing such Questionnaire; + (B) using remote techniques and centralized locations to + support or replace field investigation work; + (C) using secure and reliable digitization of information + obtained during the clearance process; + (D) building the capacity of the background investigation + workforce; and + (E) replacing periodic reinvestigations with continuous + vetting techniques in all appropriate circumstances. (b) Policy, Strategy, and Implementation.--Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent shall, in coordination with the members of the Council, establish the following: - (1) A policy and implementation plan for the issuance of - interim security clearances. - (2) A policy and implementation plan to ensure contractors - are treated consistently in the security clearance process - across agencies and departments of the United States as - compared to employees of such agencies and departments. Such - policy shall address-- - (A) prioritization of processing security - clearances based on the mission the contractors will be - performing; - (B) standardization in the forms that agencies - issue to initiate the process for a security clearance; - (C) digitization of background investigation- - related forms; - (D) use of the polygraph; - (E) the application of the adjudicative guidelines - under Security Executive Agent Directive 4 (known as - the ``National Security Adjudicative Guidelines''); - (F) reciprocal recognition of clearances across - agencies and departments of the United States, - regardless of status of periodic reinvestigation; - (G) tracking of clearance files as individuals move - from employment with an agency or department of the - United States to employment in the private sector; - (H) collection of timelines for movement of - contractors across agencies and departments; - (I) reporting on security incidents and job - performance, consistent with section 552a of title 5, - United States Code (commonly known as the ``Privacy Act - of 1974''), that may affect the ability to hold a - security clearance; - (J) any recommended changes to the Federal - Acquisition Regulations (FAR) necessary to ensure that - information affecting contractor clearances or - suitability is appropriately and expeditiously shared - between and among agencies and contractors; and - (K) portability of contractor security clearances - between or among contracts at the same agency and - between or among contracts at different agencies that - require the same level of clearance. - (3) A strategy and implementation plan that-- - (A) provides for periodic reinvestigations as part - of a security clearance determination only on an as- - needed, risk-based basis; - (B) includes actions to assess the extent to which - automated records checks and other continuous - evaluation methods may be used to expedite or focus - reinvestigations; and - (C) provides an exception for certain populations - if the Security Executive Agent-- - (i) determines such populations require - reinvestigations at regular intervals; and - (ii) provides written justification to the - appropriate congressional committees for any - such determination. - (4) A policy and implementation plan for agencies and - departments of the United States, as a part of the security - clearance process, to accept automated records checks generated - pursuant to a security clearance applicant's employment with a - prior employer. - (5) A policy for the use of certain background materials on - individuals collected by the private sector for background - investigation purposes. - (6) Uniform standards for agency continuous evaluation - programs to ensure quality and reciprocity in accepting - enrollment in a continuous vetting program as a substitute for - a periodic investigation for continued access to classified - information. - -SEC. 10604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY - CLEARANCES. - - (a) Reciprocity Defined.--In this section, the term ``reciprocity'' -means reciprocal recognition by Federal departments and agencies of -eligibility for access to classified information. - (b) In General.--The Council shall reform the security clearance + (1) A policy and implementation plan for the issuance of + interim security clearances. + (2) A policy and implementation plan to ensure contractors are + treated consistently in the security clearance process across + agencies and departments of the United States as compared to + employees of such agencies and departments. Such policy shall + address-- + (A) prioritization of processing security clearances based + on the mission the contractors will be performing; + (B) standardization in the forms that agencies issue to + initiate the process for a security clearance; + (C) digitization of background investigation-related forms; + (D) use of the polygraph; + (E) the application of the adjudicative guidelines under + Security Executive Agent Directive 4 (known as the ``National + Security Adjudicative Guidelines''); + (F) reciprocal recognition of clearances across agencies + and departments of the United States, regardless of status of + periodic reinvestigation; + (G) tracking of clearance files as individuals move from + employment with an agency or department of the United States to + employment in the private sector; + (H) collection of timelines for movement of contractors + across agencies and departments; + (I) reporting on security incidents and job performance, + consistent with section 552a of title 5, United States Code + (commonly known as the ``Privacy Act of 1974''), that may + affect the ability to hold a security clearance; + (J) any recommended changes to the Federal Acquisition + Regulations (FAR) necessary to ensure that information + affecting contractor clearances or suitability is appropriately + and expeditiously shared between and among agencies and + contractors; and + (K) portability of contractor security clearances between + or among contracts at the same agency and between or among + contracts at different agencies that require the same level of + clearance. + (3) A strategy and implementation plan that-- + (A) provides for periodic reinvestigations as part of a + security clearance determination only on an as-needed, risk- + based basis; + (B) includes actions to assess the extent to which + automated records checks and other continuous vetting methods + may be used to expedite or focus reinvestigations; and + (C) provides an exception to the requirement under + subparagraph (A) for certain populations if the Security + Executive Agent-- + (i) determines such populations require + reinvestigations at regular intervals; and + (ii) provides written justification to the appropriate + congressional committees for any such determination. + (4) A policy and implementation plan for agencies and + departments of the United States, as a part of the security + clearance process, to accept automated records checks generated + pursuant to a security clearance applicant's employment with a + prior employer. + (5) A policy for the use of certain background information on + individuals collected by the private sector for background + investigation purposes. + (6) Uniform standards for agency continuous vetting programs to + ensure quality and reciprocity in accepting enrollment in a + continuous vetting program as a substitute for a periodic + investigation for continued access to classified information. +SEC. 6604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY +CLEARANCES. + (a) In General.--The Council shall reform the security clearance process with the objective that, by December 31, 2021, 90 percent of all determinations, other than determinations regarding populations -identified under section 10603(b)(3)(C), regarding-- - (1) security clearances-- - (A) at the secret level are issued in 30 days or - fewer; and - (B) at the top secret level are issued in 90 days - or fewer; and - (2) reciprocity of security clearances at the same level - are recognized in 2 weeks or fewer. - (c) Certain Reinvestigations.--The Council shall reform the +identified under section 6603(b)(3)(C), regarding-- + (1) security clearances-- + (A) at the secret level are issued in 30 days or fewer; and + (B) at the top secret level are issued in 90 days or fewer; + and + (2) reciprocity of security clearances at the same level are + recognized in 2 weeks or fewer. + (b) Certain Reinvestigations.--The Council shall reform the security clearance process with the goal that by December 31, 2021, reinvestigation on a set periodicity is not required for more than 10 percent of the population that holds a security clearance. - (d) Equivalent Metrics.-- - (1) In general.--If the Council develops a set of - performance metrics that it certifies to the appropriate - congressional committees should achieve substantially - equivalent outcomes as those outlined in subsections (b) and - (c), the Council may use those metrics for purposes of - compliance within this provision. - (2) Notice.--If the Council uses the authority provided by - paragraph (1) to use metrics as described in such paragraph, - the Council shall, not later than 30 days after communicating - such metrics to departments and agencies, notify the - appropriate congressional committees that it is using such - authority. - (e) Plan.--Not later than 180 days after the date of the enactment + (c) Equivalent Metrics.-- + (1) In general.--If the Council develops a set of performance + metrics that it certifies to the appropriate congressional + committees should achieve substantially equivalent outcomes as + those outlined in subsections (b) and (c), the Council may use + those metrics for purposes of compliance within this provision. + (2) Notice.--If the Council uses the authority provided by + paragraph (1) to use metrics as described in such paragraph, the + Council shall, not later than 30 days after communicating such + metrics to departments and agencies, notify the appropriate + congressional committees that it is using such authority. + (d) Plan.--Not later than 180 days after the date of the enactment of this Act, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section. Such plan shall include recommended interim milestones for the goals set forth in subsections (b) and (c) for 2019, 2020, and 2021. - -SEC. 10605. SECURITY EXECUTIVE AGENT. - +SEC. 6605. SECURITY EXECUTIVE AGENT. (a) In General.--Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et seq.) is amended-- - (1) by redesignating sections 803 and 804 as sections 804 - and 805, respectively; and - (2) by inserting after section 802 the following: - -``SEC. 803. SECURITY EXECUTIVE AGENT. - + (1) by redesignating sections 803 and 804 as sections 804 and + 805, respectively; and + (2) by inserting after section 802 the following: + ``SEC. 803. SECURITY EXECUTIVE AGENT. ``(a) In General.--The Director of National Intelligence, or such other officer of the United States as the President may designate, shall serve as the Security Executive Agent for all departments and agencies of the United States. ``(b) Duties.--The duties of the Security Executive Agent are as follows: - ``(1) To direct the oversight of investigations, - reinvestigations, adjudications, and, as applicable, polygraphs - for eligibility for access to classified information or - eligibility to hold a sensitive position made by any Federal - agency. - ``(2) To review the national security background - investigation and adjudication programs of Federal agencies to - determine whether such programs are being implemented in - accordance with this section. - ``(3) To develop and issue uniform and consistent policies - and procedures to ensure the effective, efficient, timely, and - secure completion of investigations, polygraphs, and - adjudications relating to determinations of eligibility for - access to classified information or eligibility to hold a - sensitive position. - ``(4) Unless otherwise designated by law, to serve as the - final authority to designate a Federal agency or agencies to - conduct investigations of persons who are proposed for access - to classified information or for eligibility to hold a - sensitive position to ascertain whether such persons satisfy - the criteria for obtaining and retaining access to classified - information or eligibility to hold a sensitive position, as - applicable. - ``(5) Unless otherwise designated by law, to serve as the - final authority to designate a Federal agency or agencies to - determine eligibility for access to classified information or - eligibility to hold a sensitive position in accordance with - Executive Order 12968 (50 U.S.C. 3161 note; relating to access - to classified information). - ``(6) To ensure reciprocal recognition of eligibility for - access to classified information or eligibility to hold a - sensitive position among Federal agencies, including acting as - the final authority to arbitrate and resolve disputes among - such agencies involving the reciprocity of investigations and - adjudications of eligibility. - ``(7) To execute all other duties assigned to the Security - Executive Agent by law. + ``(1) To direct the oversight of investigations, + reinvestigations, adjudications, and, as applicable, polygraphs for + eligibility for access to classified information or eligibility to + hold a sensitive position made by any Federal agency. + ``(2) To review the national security background investigation + and adjudication programs of Federal agencies to determine whether + such programs are being implemented in accordance with this + section. + ``(3) To develop and issue uniform and consistent policies and + procedures to ensure the effective, efficient, timely, and secure + completion of investigations, polygraphs, and adjudications + relating to determinations of eligibility for access to classified + information or eligibility to hold a sensitive position. + ``(4) Unless otherwise designated by law, to serve as the final + authority to designate a Federal agency or agencies to conduct + investigations of persons who are proposed for access to classified + information or for eligibility to hold a sensitive position to + ascertain whether such persons satisfy the criteria for obtaining + and retaining access to classified information or eligibility to + hold a sensitive position, as applicable. + ``(5) Unless otherwise designated by law, to serve as the final + authority to designate a Federal agency or agencies to determine + eligibility for access to classified information or eligibility to + hold a sensitive position in accordance with Executive Order No. + 12968 (50 U.S.C. 3161 note; relating to access to classified + information). + ``(6) To review and approve the policies of the Federal + agencies that ensure reciprocal recognition of eligibility for + access to classified information or eligibility to hold a sensitive + position among Federal agencies, and to act as the final authority + to arbitrate and resolve disputes among such agencies involving the + reciprocity of investigations and adjudications of eligibility. + ``(7) To execute all other duties assigned to the Security + Executive Agent by law. ``(c) Authorities.--The Security Executive Agent shall-- - ``(1) issue guidelines and instructions to the heads of - Federal agencies to ensure appropriate uniformity, - centralization, efficiency, effectiveness, timeliness, and - security in processes relating to determinations by such - agencies of eligibility for access to classified information or - eligibility to hold a sensitive position, including such - matters as investigations, polygraphs, adjudications, and - reciprocity; - ``(2) have the authority to grant exceptions to, or waivers - of, national security investigative requirements, including - issuing implementing or clarifying guidance, as necessary; - ``(3) have the authority to assign, in whole or in part, to - the head of any Federal agency (solely or jointly) any of the - duties of the Security Executive Agent described in subsection - (b) or the authorities described in paragraphs (1) and (2), - provided that the exercise of such assigned duties or - authorities is subject to the oversight of the Security - Executive Agent, including such terms and conditions (including - approval by the Security Executive Agent) as the Security - Executive Agent determines appropriate; and - ``(4) define and set standards for continuous evaluation - for continued access to classified information and for - eligibility to hold a sensitive position.''. + ``(1) issue guidelines and instructions to the heads of Federal + agencies to ensure appropriate uniformity, centralization, + efficiency, effectiveness, timeliness, and security in processes + relating to determinations by such agencies of eligibility for + access to classified information or eligibility to hold a sensitive + position, including such matters as investigations, polygraphs, + adjudications, and reciprocity; + ``(2) have the authority to grant exceptions to, or waivers of, + national security investigative requirements, including issuing + implementing or clarifying guidance, as necessary; + ``(3) have the authority to assign, in whole or in part, to the + head of any Federal agency (solely or jointly) any of the duties of + the Security Executive Agent described in subsection (b) or the + authorities described in paragraphs (1) and (2), provided that the + exercise of such assigned duties or authorities is subject to the + oversight of the Security Executive Agent, including such terms and + conditions (including approval by the Security Executive Agent) as + the Security Executive Agent determines appropriate; and + ``(4) define and set standards for continuous vetting for + continued access to classified information and for eligibility to + hold a sensitive position.''. (b) Report on Recommendations for Revising Authorities.--Not later than 30 days after the date on which the Chairman of the Council submits to the appropriate congressional committees the report required -by section 602(b)(2)(A), the Chairman shall submit to the appropriate +by section 6602(b)(2)(A), the Chairman shall submit to the appropriate congressional committees such recommendations as the Chairman may have for revising the authorities of the Security Executive Agent. (c) Conforming Amendment.--Section 103H(j)(4)(A) of such Act (50 @@ -44665,21 +58421,17 @@ the items relating to sections 803 and 804 and inserting the following: ``Sec. 803. Security Executive Agent. ``Sec. 804. Exceptions. ``Sec. 805. Definitions.''. - -SEC. 10606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR - POSITIONS OF TRUST AND SECURITY CLEARANCES. - +SEC. 6606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR +POSITIONS OF TRUST AND SECURITY CLEARANCES. Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent, in coordination with the other members of the Council, shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a report regarding the advisability and the risks, benefits, and costs to the Government and -to industry of consolidating to not more than 3 tiers for positions of -trust and security clearances. - -SEC. 10607. REPORT ON CLEARANCE IN PERSON CONCEPT. - +to industry of consolidating to not more than three tiers for positions +of trust and security clearances. +SEC. 6607. REPORT ON CLEARANCE IN PERSON CONCEPT. (a) Sense of Congress.--It is the sense of Congress that to reflect the greater mobility of the modern workforce, alternative methodologies merit analysis to allow greater flexibility for individuals moving in @@ -44692,91 +58444,82 @@ industry partners a report that describes the requirements, feasibility, and advisability of implementing a clearance in person concept described in subsection (c). (c) Clearance in Person Concept.--The clearance in person concept-- - (1) permits an individual who once held a security - clearance to maintain his or her eligibility for access to - classified information, networks, and facilities for up to 3 - years after the individual's eligibility for access to - classified information would otherwise lapse; and - (2) recognizes, unless otherwise directed by the Security - Executive Agent, an individual's security clearance and - background investigation as current, regardless of employment - status, contingent on enrollment in a continuous vetting - program. + (1) permits an individual who once held a security clearance to + maintain his or her eligibility for access to classified + information, networks, and facilities for up to 3 years after the + individual's eligibility for access to classified information would + otherwise lapse; and + (2) recognizes, unless otherwise directed by the Security + Executive Agent, an individual's security clearance and background + investigation as current, regardless of employment status, + contingent on enrollment in a continuous vetting program. (d) Contents.--The report required under subsection (b) shall address-- - (1) requirements for an individual to voluntarily remain in - a continuous evaluation program validated by the Security - Executive Agent even if the individual is not in a position - requiring access to classified information; - (2) appropriate safeguards for privacy; - (3) advantages to government and industry; - (4) the costs and savings associated with implementation; - (5) the risks of such implementation, including security - and counterintelligence risks; - (6) an appropriate funding model; and - (7) fairness to small companies and independent - contractors. - -SEC. 10608. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR BACKGROUND - INVESTIGATIONS. - - (a) In General.--As part of the fiscal year 2020 budget request -submitted to Congress pursuant to section 1105(a) of title 31, United -States Code, the President shall include exhibits that identify the -resources expended by each agency during the prior fiscal year for -processing background investigations and continuous evaluation -programs, disaggregated by tier and whether the individual was a -Government employee or contractor. - (b) Contents.--Each exhibit submitted under subsection (a) shall -include details on-- - (1) the costs of background investigations or - reinvestigations; - (2) the costs associated with background investigations for - Government or contract personnel; - (3) costs associated with continuous evaluation initiatives - monitoring for each person for whom a background investigation - or reinvestigation was conducted, other than costs associated - with adjudication; - (4) the average per person cost for each type of background - investigation; and - (5) a summary of transfers and reprogrammings that were - executed in the previous year to support the processing of - security clearances. - -SEC. 10609. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF - DEPARTMENTS AND AGENCIES. - - (a) Reciprocally Recognized Defined.--In this section, the term -``reciprocally recognized'' means reciprocal recognition by Federal -departments and agencies of eligibility for access to classified -information. - (b) Reports to Security Executive Agent.--The head of each Federal + (1) requirements for an individual to voluntarily remain in a + continuous vetting program validated by the Security Executive + Agent even if the individual is not in a position requiring access + to classified information; + (2) appropriate safeguards for privacy; + (3) advantages to government and industry; + (4) the costs and savings associated with implementation; + (5) the risks of such implementation, including security and + counterintelligence risks; + (6) an appropriate funding model; and + (7) fairness to small companies and independent contractors. +SEC. 6608. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF +DEPARTMENTS AND AGENCIES. + (a) Reports to Security Executive Agent.--The head of each Federal department or agency shall submit an annual report to the Security -Executive Agent that-- - (1) identifies the number of individuals whose security - clearances take more than 2 weeks to be reciprocally recognized - after such individuals move to another part of such department - or agency; and - (2) breaks out the information described in paragraph (1) - by type of clearance and the reasons for any delays. - (c) Annual Report.--Not less frequently than once each year, the +Executive Agent that, with respect to the period covered by the +report-- + (1) identifies the number of individuals whose security + clearances took more than 2 weeks for reciprocity recognition after + such individuals move to another part of such department or agency; + and + (2) breaks out the information described in paragraph (1) by + type of clearance and the reasons for any delays. + (b) Annual Report.--Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional -committees and make available to industry partners an annual report -that summarizes the information received pursuant to subsection (b) -during the period covered by such report. - -SEC. 10610. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES. - - Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) -is amended-- - (1) in subsection (a)(1)-- - (A) in subparagraph (A)(ii), by adding ``and'' at - the end; - (B) in subparagraph (B)(ii), by striking ``; and'' - and inserting a period; and - (C) by striking subparagraph (C); - (2) by redesignating subsection (b) as subsection (c); - (3) by inserting after subsection (a) the following: +committees and make available to industry partners a report that +summarizes the information received pursuant to subsection (b) during +the period covered by such report. +SEC. 6609. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) despite sustained efforts by Congress and the executive + branch, an unacceptable backlog in processing and adjudicating + security clearances persists, both within elements of the + intelligence community and in other departments of the Federal + Government, with some processing times exceeding a year or even + more; + (2) the protracted clearance timetable threatens the ability of + elements of the intelligence community to hire and retain highly + qualified individuals, and thus to fulfill the missions of such + elements; + (3) the prospect of a lengthy clearance process deters some + such individuals from seeking employment with the intelligence + community in the first place, and, when faced with a long wait + time, those with conditional offers of employment may opt to + discontinue the security clearance process and pursue different + opportunities; + (4) now more than ever, therefore, the broken security + clearance process badly needs fundamental reform; and + (5) in the meantime, to ensure the ability of elements of the + intelligence community to hire and retain highly qualified + personnel, elements should consider, to the extent possible and + consistent with national security, permitting new employees to + enter on duty immediately or nearly so, and to perform, on a + temporary basis pending final adjudication of their security + clearances, work that either does not require a security clearance + or requires only a low-level interim clearance. + (b) Reports Required.--Section 506H of the National Security Act of +1947 (50 U.S.C. 3104) is amended-- + (1) in subsection (a)(1)-- + (A) in subparagraph (A)(ii), by adding ``and'' at the end; + (B) in subparagraph (B)(ii), by striking ``; and'' and + inserting a period; and + (C) by striking subparagraph (C); + (2) by redesignating subsection (b) as subsection (c); + (3) by inserting after subsection (a) the following: ``(b) Intelligence Community Reports.--(1)(A) Not later than March 1 of each year, the Director of National Intelligence shall submit a report to the congressional intelligence committees, the Committee on @@ -44796,67 +58539,61 @@ contractor employees sponsored by each such element. ``(2) Each report submitted under paragraph (1)(A) shall include, for each element of the intelligence community for the fiscal year covered by the report, the following: - ``(A) The total number of initial security clearance - background investigations sponsored for new applicants. - ``(B) The total number of security clearance periodic - reinvestigations sponsored for existing employees. - ``(C) The total number of initial security clearance - background investigations for new applicants that were - adjudicated with notice of a determination provided to the - prospective applicant, including-- - ``(i) the total number of such adjudications that - were adjudicated favorably and granted access to - classified information; and - ``(ii) the total number of such adjudications that - were adjudicated unfavorably and resulted in a denial - or revocation of a security clearance. - ``(D) The total number of security clearance periodic - background investigations that were adjudicated with notice of - a determination provided to the existing employee, including-- - ``(i) the total number of such adjudications that - were adjudicated favorably; and - ``(ii) the total number of such adjudications that - were adjudicated unfavorably and resulted in a denial - or revocation of a security clearance. - ``(E) The total number of pending security clearance - background investigations, including initial applicant - investigations and periodic reinvestigations, that were not - adjudicated as of the last day of such year and that remained - pending, categorized as follows: - ``(i) For 180 days or shorter. - ``(ii) For longer than 180 days, but shorter than - 12 months. - ``(iii) For 12 months or longer, but shorter than - 18 months. - ``(iv) For 18 months or longer, but shorter than 24 - months. - ``(v) For 24 months or longer. - ``(F) For any security clearance determinations completed - or pending during the year preceding the year for which the - report is submitted that have taken longer than 12 months to - complete-- - ``(i) an explanation of the causes for the delays - incurred during the period covered by the report; and - ``(ii) the number of such delays involving a - polygraph requirement. - ``(G) The percentage of security clearance investigations, - including initial and periodic reinvestigations, that resulted - in a denial or revocation of a security clearance. - ``(H) The percentage of security clearance investigations - that resulted in incomplete information. - ``(I) The percentage of security clearance investigations - that did not result in enough information to make a decision on - potentially adverse information. + ``(A) The total number of initial security clearance background + investigations sponsored for new applicants. + ``(B) The total number of security clearance periodic + reinvestigations sponsored for existing employees. + ``(C) The total number of initial security clearance background + investigations for new applicants that were adjudicated with notice + of a determination provided to the prospective applicant, + including-- + ``(i) the total number of such adjudications that were + adjudicated favorably and granted access to classified + information; and + ``(ii) the total number of such adjudications that were + adjudicated unfavorably and resulted in a denial or revocation + of a security clearance. + ``(D) The total number of security clearance periodic + background investigations that were adjudicated with notice of a + determination provided to the existing employee, including-- + ``(i) the total number of such adjudications that were + adjudicated favorably; and + ``(ii) the total number of such adjudications that were + adjudicated unfavorably and resulted in a denial or revocation + of a security clearance. + ``(E) The total number of pending security clearance background + investigations, including initial applicant investigations and + periodic reinvestigations, that were not adjudicated as of the last + day of such year and that remained pending, categorized as follows: + ``(i) For 180 days or shorter. + ``(ii) For longer than 180 days, but shorter than 12 + months. + ``(iii) For 12 months or longer, but shorter than 18 + months. + ``(iv) For 18 months or longer, but shorter than 24 months. + ``(v) For 24 months or longer. + ``(F) For any security clearance determinations completed or + pending during the year preceding the year for which the report is + submitted that have taken longer than 12 months to complete-- + ``(i) an explanation of the causes for the delays incurred + during the period covered by the report; and + ``(ii) the number of such delays involving a polygraph + requirement. + ``(G) The percentage of security clearance investigations, + including initial and periodic reinvestigations, that resulted in a + denial or revocation of a security clearance. + ``(H) The percentage of security clearance investigations that + resulted in incomplete information. + ``(I) The percentage of security clearance investigations that + did not result in enough information to make a decision on + potentially adverse information. ``(3) The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.''; and - (4) in subsection (c), as redesignated, by striking - ``subsection (a)(1)'' and inserting ``subsections (a)(1) and - (b)''. - -SEC. 10611. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY - THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED - INFORMATION, NETWORKS, OR FACILITIES. - + (4) in subsection (c), as redesignated, by striking + ``subsection (a)(1)'' and inserting ``subsections (a)(1) and (b)''. +SEC. 6610. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY +THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED INFORMATION, +NETWORKS, OR FACILITIES. Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 5 years thereafter, the Director of National Intelligence shall submit to the congressional @@ -44864,23 +58601,21 @@ intelligence committees a report that reviews the intelligence community for which positions can be conducted without access to classified information, networks, or facilities, or may only require a security clearance at the secret level. - -SEC. 10612. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST AND - SECURITY CLEARANCES. - +SEC. 6611. INFORMATION-SHARING PROGRAM FOR POSITIONS OF TRUST AND +SECURITY CLEARANCES. (a) Program Required.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Security Executive Agent and the - Suitability and Credentialing Executive Agent shall establish - and implement a program to share between and among agencies of - the Federal Government and industry partners of the Federal - Government relevant background information regarding - individuals applying for and currently occupying national - security positions and positions of trust, in order to ensure - the Federal Government maintains a trusted workforce. - (2) Designation.--The program established under paragraph - (1) shall be known as the ``Trusted Information Provider - Program'' (in this section referred to as the ``Program''). + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Security Executive Agent and the + Suitability and Credentialing Executive Agent shall establish and + implement a program to share between and among agencies of the + Federal Government and industry partners of the Federal Government + relevant background information regarding individuals applying for + and currently occupying national security positions and positions + of trust, in order to ensure the Federal Government maintains a + trusted workforce. + (2) Designation.--The program established under paragraph (1) + shall be known as the ``Trusted Information Provider Program'' (in + this section referred to as the ``Program''). (b) Privacy Safeguards.--The Security Executive Agent and the Suitability and Credentialing Executive Agent shall ensure that the Program includes such safeguards for privacy as the Security Executive @@ -44889,66 +58624,62 @@ appropriate. (c) Provision of Information to the Federal Government.--The Program shall include requirements that enable investigative service providers and agencies of the Federal Government to leverage certain -pre-employment information gathered during the employment or military -recruiting process, and other relevant security or human resources -information obtained during employment with or for the Federal -Government, that satisfy Federal investigative standards, while -safeguarding personnel privacy. +pre-employment information gathered through private-sector means during +the employment or military recruiting process, and other relevant +security or human resources information obtained during employment with +or for the Federal Government, that satisfy Federal investigative +standards, while safeguarding personnel privacy. (d) Information and Records.--The information and records considered under the Program shall include the following: - (1) Date and place of birth. - (2) Citizenship or immigration and naturalization - information. - (3) Education records. - (4) Employment records. - (5) Employment or social references. - (6) Military service records. - (7) State and local law enforcement checks. - (8) Criminal history checks. - (9) Financial records or information. - (10) Foreign travel, relatives, or associations. - (11) Social media checks. - (12) Such other information or records as may be relevant - to obtaining or maintaining national security, suitability, - fitness, or credentialing eligibility. + (1) Date and place of birth. + (2) Citizenship or immigration and naturalization information. + (3) Education records. + (4) Employment records. + (5) Employment or social references. + (6) Military service records. + (7) State and local law enforcement checks. + (8) Criminal history checks. + (9) Financial records or information. + (10) Foreign travel, relatives, or associations. + (11) Social media checks. + (12) Such other information or records as may be relevant to + obtaining or maintaining national security, suitability, fitness, + or credentialing eligibility. (e) Implementation Plan.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Security Executive Agent and the - Suitability and Credentialing Executive Agent shall jointly - submit to the appropriate congressional committees and make - available to appropriate industry partners a plan for the - implementation of the Program. - (2) Elements.--The plan required by paragraph (1) shall - include the following: - (A) Mechanisms that address privacy, national - security, suitability or fitness, credentialing, and - human resources or military recruitment processes. - (B) Such recommendations for legislative or - administrative action as the Security Executive Agent - and the Suitability and Credentialing Executive Agent - consider appropriate to carry out or improve the - Program. + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Security Executive Agent and the + Suitability and Credentialing Executive Agent shall jointly submit + to the appropriate congressional committees and make available to + appropriate industry partners a plan for the implementation of the + Program. + (2) Elements.--The plan required by paragraph (1) shall include + the following: + (A) Mechanisms that address privacy, national security, + suitability or fitness, credentialing, and human resources or + military recruitment processes. + (B) Such recommendations for legislative or administrative + action as the Security Executive Agent and the Suitability and + Credentialing Executive Agent consider appropriate to carry out + or improve the Program. (f) Plan for Pilot Program on Two-way Information Sharing.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Security Executive Agent and the - Suitability and Credentialing Executive Agent shall jointly - submit to the appropriate congressional committees and make - available to appropriate industry partners a plan for the - implementation of a pilot program to assess the feasibility and - advisability of expanding the Program to include the sharing of - information held by the Federal Government related to contract - personnel with the security office of the employers of those - contractor personnel. - (2) Elements.--The plan required by paragraph (1) shall - include the following: - (A) Mechanisms that address privacy, national - security, suitability or fitness, credentialing, and - human resources or military recruitment processes. - (B) Such recommendations for legislative or - administrative action as the Security Executive Agent - and the Suitability and Credentialing Executive Agent - consider appropriate to carry out or improve the pilot - program. + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Security Executive Agent and the + Suitability and Credentialing Executive Agent shall jointly submit + to the appropriate congressional committees and make available to + appropriate industry partners a plan for the implementation of a + pilot program to assess the feasibility and advisability of + expanding the Program to include the sharing of information held by + the Federal Government related to contract personnel with the + security office of the employers of those contractor personnel. + (2) Elements.--The plan required by paragraph (1) shall include + the following: + (A) Mechanisms that address privacy, national security, + suitability or fitness, credentialing, and human resources or + military recruitment processes. + (B) Such recommendations for legislative or administrative + action as the Security Executive Agent and the Suitability and + Credentialing Executive Agent consider appropriate to carry out + or improve the pilot program. (g) Review.--Not later than 1 year after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate @@ -44956,10 +58687,8 @@ congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans. - -SEC. 10613. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER- - RELATED COMMUNICATIONS. - +SEC. 6612. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER- +RELATED COMMUNICATIONS. Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent shall, in coordination with the Inspector General of the Intelligence Community, submit to the @@ -44967,163 +58696,157 @@ appropriate congressional committees a report detailing the controls employed by the intelligence community to ensure that continuous vetting programs, including those involving user activity monitoring, protect the confidentiality of whistleblower-related communications. - - TITLE CVII--REPORTS AND OTHER MATTERS - +SEC. 6613. REPORTS ON COSTS OF SECURITY CLEARANCE BACKGROUND +INVESTIGATIONS. + (a) Reports.--Not later than March 1, 2020, and each year +thereafter through 2022, the Security Executive Agent, in coordination +with the Council, shall submit to the appropriate congressional +committees a report on the resources expended by each agency of the +Federal Government during the fiscal year prior to the date of the +report for processing security clearance background investigations and +continuous vetting programs, disaggregated by tier and whether the +individual was a Government employee or contractor. + (b) Contents.--Each report submitted under subsection (a) shall +include, for the period covered by the report-- + (1) the costs of background investigations; + (2) the costs of reinvestigations; + (3) the costs associated with background investigations and + reinvestigations for Government personnel; + (4) the costs associated with background investigations and + reinvestigations for contract personnel; + (5) costs associated with continuous evaluation initiatives + monitoring for personnel for whom a background investigation or + reinvestigation was conducted, other than costs associated with + adjudication; + (6) the average cost per person for each type of background + investigation; and + (7) a summary of transfers and reprogrammings that were + executed to support the processing of security clearances. + + TITLE LXVII--REPORTS AND OTHER MATTERS Subtitle A--Matters Relating to Russia and Other Foreign Powers -SEC. 10701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF - CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION. - +SEC. 6701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF +CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION. (a) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- - (1) the congressional intelligence committees; - (2) the Committee on Armed Services of the Senate and the - Committee on Armed Services of the House of Representatives; - and - (3) the Committee on Foreign Relations of the Senate and - the Committee on Foreign Affairs of the House of - Representatives. + (1) the congressional intelligence committees; + (2) the Committee on Armed Services of the Senate and the + Committee on Armed Services of the House of Representatives; and + (3) the Committee on Foreign Relations of the Senate and the + Committee on Foreign Affairs of the House of Representatives. (b) Limitation.-- - (1) In general.--No amount may be expended by the Federal - Government, other than the Department of Defense, to enter into - or implement any bilateral agreement between the United States - and the Russian Federation regarding cybersecurity, including - the establishment or support of any cybersecurity unit, unless, - at least 30 days prior to the conclusion of any such agreement, - the Director of National Intelligence submits to the - appropriate congressional committees a report on such agreement - that includes the elements required by subsection (c). - (2) Department of defense agreements.--Any agreement - between the Department of Defense and the Russian Federation - regarding cybersecurity shall be conducted in accordance with - section 1232 of the National Defense Authorization Act for - Fiscal Year 2017 (Public Law 114-328), as amended by section - 1231 of the National Defense Authorization Act for Fiscal Year - 2018 (Public Law 115-91). + (1) In general.--No amount may be expended by the Federal + Government, other than the Department of Defense, to enter into or + implement any bilateral agreement between the United States and the + Russian Federation regarding cybersecurity, including the + establishment or support of any cybersecurity unit, unless, at + least 30 days prior to the conclusion of any such agreement, the + Director of National Intelligence submits to the appropriate + congressional committees a report on such agreement that includes + the elements required by subsection (c). + (2) Department of defense agreements.--Any agreement between + the Department of Defense and the Russian Federation regarding + cybersecurity shall be conducted in accordance with section 1232 of + the National Defense Authorization Act for Fiscal Year 2017 (Public + Law 114-328), as amended by section 1231 of the National Defense + Authorization Act for Fiscal Year 2018 (Public Law 115-91). (c) Elements.--If the Director submits a report under subsection (b) with respect to an agreement, such report shall include a -description of each of the following: - (1) The purpose of the agreement. - (2) The nature of any intelligence to be shared pursuant to - the agreement. - (3) The expected value to national security resulting from - the implementation of the agreement. - (4) Such counterintelligence concerns associated with the - agreement as the Director may have and such measures as the - Director expects to be taken to mitigate such concerns. +discussion of each of the following: + (1) The purpose of the agreement. + (2) The nature of any intelligence to be shared pursuant to the + agreement. + (3) The expected value to national security resulting from the + implementation of the agreement. + (4) Such counterintelligence concerns associated with the + agreement as the Director may have and such measures as the + Director expects to be taken to mitigate such concerns. (d) Rule of Construction.--This section shall not be construed to affect any existing authority of the Director of National Intelligence, the Director of the Central Intelligence Agency, or another head of an element of the intelligence community, to share or receive foreign intelligence on a case-by-case basis. - -SEC. 10702. REPORT ON RETURNING RUSSIAN COMPOUNDS. - - (a) Covered Compounds Defined.--In this section, the term ``covered -compounds'' means the real property in New York, the real property in -Maryland, and the real property in San Francisco, California, that were -under the control of the Government of Russia in 2016 and were removed -from such control in response to various transgressions by the -Government of Russia, including the interference by the Government of -Russia in the 2016 election in the United States. - (b) Requirement for Report.--Not later than 180 days after the date -of the enactment of this Act, the Director of National Intelligence -shall submit to the congressional intelligence committees, and the -Committee on Foreign Relations of the Senate and the Committee on -Foreign Affairs of the House of Representatives (only with respect to -the unclassified report), a report on the intelligence risks of -returning the covered compounds to Russian control. - (c) Form of Report.--The report required by this section shall be -submitted in classified and unclassified forms. - -SEC. 10703. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA. - +SEC. 6702. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA. (a) Threat Finance Defined.--In this section, the term ``threat finance'' means-- - (1) the financing of cyber operations, global influence - campaigns, intelligence service activities, proliferation, - terrorism, or transnational crime and drug organizations; - (2) the methods and entities used to spend, store, move, - raise, conceal, or launder money or value, on behalf of threat - actors; - (3) sanctions evasion; and - (4) other forms of threat finance activity domestically or - internationally, as defined by the President. + (1) the financing of cyber operations, global influence + campaigns, intelligence service activities, proliferation, + terrorism, or transnational crime and drug organizations; + (2) the methods and entities used to spend, store, move, raise, + conceal, or launder money or value, on behalf of threat actors; + (3) sanctions evasion; and + (4) other forms of threat finance activity domestically or + internationally, as defined by the President. (b) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Assistant Secretary of the Treasury for Intelligence and Analysis, shall submit to the congressional -intelligence committees a report containing an assessment of Russian -threat finance. The assessment shall be based on intelligence from all -sources, including from the Office of Terrorism and Financial -Intelligence of the Department of the Treasury. +intelligence committees, the Committee on Foreign Affairs of the House +of Representatives, and the Committee on Foreign Relations of the +Senate a report containing an assessment of Russian threat finance. The +assessment shall be based on intelligence from all sources, including +from the Office of Terrorism and Financial Intelligence of the +Department of the Treasury. (c) Elements.--The report required by subsection (b) shall include each of the following: - (1) A summary of leading examples from the 3-year period - preceding the date of the submittal of the report of threat - finance activities conducted by, for the benefit of, or at the - behest of-- - (A) officials of the Government of Russia; - (B) persons subject to sanctions under any - provision of law imposing sanctions with respect to - Russia; - (C) Russian nationals subject to sanctions under - any other provision of law; or - (D) Russian oligarchs or organized criminals. - (2) An assessment with respect to any trends or patterns in - threat finance activities relating to Russia, including common - methods of conducting such activities and global nodes of money - laundering used by Russian threat actors described in paragraph - (1) and associated entities. - (3) An assessment of any connections between Russian - individuals involved in money laundering and the Government of - Russia. - (4) A summary of engagement and coordination with - international partners on threat finance relating to Russia, - especially in Europe, including examples of such engagement and - coordination. - (5) An identification of any resource and collection gaps. - (6) An identification of-- - (A) entry points of money laundering by Russian and - associated entities into the United States; - (B) any vulnerabilities within the United States - legal and financial system, including specific sectors, - which have been or could be exploited in connection - with Russian threat finance activities; and - (C) the counterintelligence threat posed by Russian - money laundering and other forms of threat finance, as - well as the threat to the United States financial - system and United States efforts to enforce sanctions - and combat organized crime. - (7) Any other matters the Director determines appropriate. + (1) A summary of leading examples from the 3-year period + preceding the date of the submittal of the report of threat finance + activities conducted by, for the benefit of, or at the behest of-- + (A) officials of the Government of Russia; + (B) persons subject to sanctions under any provision of law + imposing sanctions with respect to Russia; + (C) Russian nationals subject to sanctions under any other + provision of law; or + (D) Russian oligarchs or organized criminals. + (2) An assessment with respect to any trends or patterns in + threat finance activities relating to Russia, including common + methods of conducting such activities and global nodes of money + laundering used by Russian threat actors described in paragraph (1) + and associated entities. + (3) An assessment of any connections between Russian + individuals involved in money laundering and the Government of + Russia. + (4) A summary of engagement and coordination with international + partners on threat finance relating to Russia, especially in + Europe, including examples of such engagement and coordination. + (5) An identification of any resource and collection gaps. + (6) An identification of-- + (A) entry points of money laundering by Russian and + associated entities into the United States; + (B) any vulnerabilities within the United States legal and + financial system, including specific sectors, which have been + or could be exploited in connection with Russian threat finance + activities; and + (C) the counterintelligence threat posed by Russian money + laundering and other forms of threat finance, as well as the + threat to the United States financial system and United States + efforts to enforce sanctions and combat organized crime. + (7) Any other matters the Director determines appropriate. (d) Form of Report.--The report required under subsection (b) may be submitted in classified form. - -SEC. 10704. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN. - +SEC. 6703. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN. (a) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the congressional intelligence committees; - (B) the Committee on Armed Services of the Senate - and the Committee on Armed Services of the House of - Representatives; and - (C) the Committee on Foreign Relations of the - Senate and the Committee on Foreign Affairs of the - House of Representatives. - (2) Congressional leadership.--The term ``congressional - leadership'' includes the following: - (A) The majority leader of the Senate. - (B) The minority leader of the Senate. - (C) The Speaker of the House of Representatives. - (D) The minority leader of the House of - Representatives. + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Armed Services of the Senate and the + Committee on Armed Services of the House of Representatives; + and + (C) the Committee on Foreign Relations of the Senate and + the Committee on Foreign Affairs of the House of + Representatives. + (2) Congressional leadership.--The term ``congressional + leadership'' includes the following: + (A) The majority leader of the Senate. + (B) The minority leader of the Senate. + (C) The Speaker of the House of Representatives. + (D) The minority leader of the House of Representatives. (b) Requirement for Notification.--The Director of National Intelligence, in cooperation with the Director of the Federal Bureau of Investigation and the head of any other relevant agency, shall notify -the congressional leadership and the Chairman and Vice Chairman or -Ranking Member of each of the appropriate congressional committees, and +the congressional leadership and the chairman and vice chairman or +ranking member of each of the appropriate congressional committees, and of other relevant committees of jurisdiction, each time the Director of National Intelligence determines there is credible information that a foreign power has, is, or will attempt to employ a covert influence or @@ -45133,284 +58856,100 @@ doctrine, or force posture of the nuclear deterrent or missile defense. subsection (b) shall include information concerning actions taken by the United States to expose or halt an attempt referred to in subsection (b). - -SEC. 10705. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND - CONSULAR PERSONNEL OF THE RUSSIAN FEDERATION IN THE - UNITED STATES. - +SEC. 6704. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND CONSULAR +PERSONNEL OF THE RUSSIAN FEDERATION IN THE UNITED STATES. In carrying out the advance notification requirements set out in section 502 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat. 825; 22 U.S.C. 254a note), the Secretary of State shall-- - (1) ensure that the Russian Federation provides - notification to the Secretary of State at least 2 business days - in advance of all travel that is subject to such requirements - by accredited diplomatic and consular personnel of the Russian - Federation in the United States, and take necessary action to - secure full compliance by Russian personnel and address any - noncompliance; and - (2) provide notice of travel described in paragraph (1) to - the Director of National Intelligence and the Director of the - Federal Bureau of Investigation within 1 hour of receiving - notice of such travel. - -SEC. 10706. REPORT ON OUTREACH STRATEGY ADDRESSING THREATS FROM UNITED - STATES ADVERSARIES TO THE UNITED STATES TECHNOLOGY - SECTOR. - - (a) Appropriate Committees of Congress Defined.--In this section, -the term ``appropriate committees of Congress'' means-- - (1) the congressional intelligence committees; - (2) the Committee on Armed Services and the Committee on - Homeland Security and Governmental Affairs of the Senate; and - (3) the Committee on Armed Services, Committee on Homeland - Security, and the Committee on Oversight and Reform of the - House of Representatives. - (b) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Director of National Intelligence shall -submit to the appropriate committees of Congress a report detailing -outreach by the intelligence community and the Defense Intelligence -Enterprise to United States industrial, commercial, scientific, -technical, and academic communities on matters relating to the efforts -of adversaries of the United States to acquire critical United States -technology, intellectual property, and research and development -information. - (c) Contents.--The report required by subsection (b) shall include -the following: - (1) A review of the current outreach efforts of the - intelligence community and the Defense Intelligence Enterprise - described in subsection (b), including the type of information - conveyed in the outreach. - (2) A determination of the appropriate element of the - intelligence community to lead such outreach efforts. - (3) An assessment of potential methods for improving the - effectiveness of such outreach, including an assessment of the - following: - (A) Those critical technologies, infrastructure, or - related supply chains that are at risk from the efforts - of adversaries described in subsection (b). - (B) The necessity and advisability of granting - security clearances to company or community leadership, - when necessary and appropriate, to allow for tailored - classified briefings on specific targeted threats. - (C) The advisability of partnering with entities of - the Federal Government that are not elements of the - intelligence community and relevant regulatory and - industry groups described in subsection (b), to convey - key messages across sectors targeted by United States - adversaries. - (D) Strategies to assist affected elements of the - communities described in subparagraph (C) in - mitigating, deterring, and protecting against the broad - range of threats from the efforts of adversaries - described in subsection (b), with focus on producing - information that enables private entities to justify - business decisions related to national security - concerns. - (E) The advisability of the establishment of a - United States Government-wide task force to coordinate - outreach and activities to combat the threats from - efforts of adversaries described in subsection (b). - (F) Such other matters as the Director of National - Intelligence may consider necessary. - (d) Consultation Encouraged.--In preparing the report required by -subsection (b), the Director is encouraged to consult with other -government agencies, think tanks, academia, representatives of the -financial industry, or such other entities as the Director considers -appropriate. - (e) Form.--The report required by subsection (b) shall be submitted -in unclassified form, but may include a classified annex as necessary. - -SEC. 10707. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN SYRIA AND - LEBANON. - - (a) Definitions.--In this section: - (1) Appropriate committees of congress.--The term - ``appropriate committees of Congress'' means-- - (A) the Committee on Armed Services, the Committee - on Foreign Relations, and the Select Committee on - Intelligence of the Senate; and - (B) the Committee on Armed Services, the Committee - on Foreign Affairs, and the Permanent Select Committee - on Intelligence of the House of Representatives. - (2) Arms or related material.--The term ``arms or related - material'' means-- - (A) nuclear, biological, chemical, or radiological - weapons or materials or components of such weapons; - (B) ballistic or cruise missile weapons or - materials or components of such weapons; - (C) destabilizing numbers and types of advanced - conventional weapons; - (D) defense articles or defense services, as those - terms are defined in paragraphs (3) and (4), - respectively, of section 47 of the Arms Export Control - Act (22 U.S.C. 2794); - (E) defense information, as that term is defined in - section 644 of the Foreign Assistance Act of 1961 (22 - U.S.C. 2403); or - (F) items designated by the President for purposes - of the United States Munitions List under section - 38(a)(1) of the Arms Export Control Act (22 U.S.C. - 2778(a)(1)). - (b) Report Required.--Not later than 180 days after the date of the -enactment of this Act, the Director of National Intelligence shall -submit to the appropriate committees of Congress a report on Iranian -support of proxy forces in Syria and Lebanon and the threat posed to -Israel, other United States regional allies, and other specified -interests of the United States as a result of such support. - (c) Matters for Inclusion.--The report required under subsection -(b) shall include information relating to the following matters with -respect to both the strategic and tactical implications for the United -States and its allies: - (1) A description of arms or related materiel transferred - by Iran to Hizballah since March 2011, including the number of - such arms or related materiel and whether such transfer was by - land, sea, or air, as well as financial and additional - technological capabilities transferred by Iran to Hizballah. - (2) A description of Iranian and Iranian-controlled - personnel, including Hizballah, Shiite militias, and Iran's - Revolutionary Guard Corps forces, operating within Syria, - including the number and geographic distribution of such - personnel operating within 30 kilometers of the Israeli borders - with Syria and Lebanon. - (3) An assessment of Hizballah's operational lessons - learned based on its recent experiences in Syria. - (4) A description of any rocket-producing facilities in - Lebanon for nonstate actors, including whether such facilities - were assessed to be built at the direction of Hizballah - leadership, Iranian leadership, or in consultation between - Iranian leadership and Hizballah leadership. - (5) An analysis of the foreign and domestic supply chains - that significantly facilitate, support, or otherwise aid - Hizballah's acquisition or development of missile production - facilities, including the geographic distribution of such - foreign and domestic supply chains. - (6) An assessment of the provision of goods, services, or - technology transferred by Iran or its affiliates to Hizballah - to indigenously manufacture or otherwise produce missiles. - (7) An identification of foreign persons that are based on - credible information, facilitating the transfer of significant - financial support or arms or related materiel to Hizballah. - (8) A description of the threat posed to Israel and other - United States allies in the Middle East by the transfer of arms - or related material or other support offered to Hizballah and - other proxies from Iran. - (d) Form of Report.--The report required under subsection (b) shall -be submitted in unclassified form, but may include a classified annex. - -SEC. 10708. ANNUAL REPORT ON IRANIAN EXPENDITURES SUPPORTING FOREIGN - MILITARY AND TERRORIST ACTIVITIES. - - (a) Annual Report Required.--Not later than 90 days after the date -of the enactment of this Act and not less frequently than once each -year thereafter, the Director of National Intelligence shall submit to -Congress a report describing Iranian expenditures in the previous -calendar year on military and terrorist activities outside the country, -including each of the following: - (1) The amount spent in such calendar year on activities by + (1) ensure that the Russian Federation provides notification to + the Secretary of State at least 2 business days in advance of all + travel that is subject to such requirements by accredited + diplomatic and consular personnel of the Russian Federation in the + United States, and take necessary action to secure full compliance + by Russian personnel and address any noncompliance; and + (2) provide notice of travel described in paragraph (1) to the + Director of National Intelligence and the Director of the Federal + Bureau of Investigation within 1 hour of receiving notice of such + travel. +SEC. 6705. REPORT AND ANNUAL BRIEFING ON IRANIAN EXPENDITURES +SUPPORTING FOREIGN MILITARY AND TERRORIST ACTIVITIES. + (a) Report.-- + (1) Report required.--Not later than 90 days after the date of + the enactment of this Act, the Director of National Intelligence + shall submit to the congressional intelligence committees a report, + and not less frequently than once each year thereafter provide a + briefing to Congress, describing Iranian expenditures in the + previous calendar year on military and terrorist activities outside + the country, including each of the following: + (A) The amount spent in such calendar year on activities by the Islamic Revolutionary Guard Corps, including activities providing support for-- - (A) Hizballah; - (B) Houthi rebels in Yemen; - (C) Hamas; - (D) proxy forces in Iraq and Syria; or - (E) any other entity or country the Director - determines to be relevant. - (2) The amount spent in such calendar year for ballistic + (i) Hizballah; + (ii) Houthi rebels in Yemen; + (iii) Hamas; + (iv) proxy forces in Iraq and Syria; or + (v) any other entity or country the Director determines + to be relevant. + (B) The amount spent in such calendar year for ballistic missile research and testing or other activities that the Director determines are destabilizing to the Middle East region. - (b) Form.--The report required under subsection (a) shall be -submitted in unclassified form, but may include a classified annex. - -SEC. 10709. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE MEASURES - AND REPORT ON ESTABLISHMENT OF FOREIGN MALIGN INFLUENCE - CENTER. - - (a) Scope of Committee to Counter Active Measures.-- - (1) In general.--Section 501 of the Intelligence - Authorization Act for Fiscal Year 2017 (Public Law 115-31; 50 - U.S.C. 3001 note) is amended-- - (A) in subsections (a) through (h)-- - (i) by inserting ``, the People's Republic - of China, the Islamic Republic of Iran, the - Democratic People's Republic of Korea, or other - nation state'' after ``Russian Federation'' - each place it appears; and - (ii) by inserting ``, China, Iran, North - Korea, or other nation state'' after ``Russia'' - each place it appears; and - (B) in the section heading, by inserting ``, the - people's republic of china, the islamic republic of - iran, the democratic people's republic of korea, or - other nation state'' after ``russian federation''. - (2) Clerical amendment.--The table of contents in section - 1(b) of such Act is amended by striking the item relating to - section 501 and inserting the following new item: + (2) Form.--The report required under subsection (a) shall be + submitted in unclassified form, but may include a classified annex. + (b) Annual Briefing.--Following the submission of the report under +subsection (a), the Director shall annually provide a briefing to the +congressional intelligence committees on the information described in +such subsection. +SEC. 6706. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE MEASURES. + (a) Scope of Committee to Counter Active Measures.--Section 501 of +the Intelligence Authorization Act for Fiscal Year 2017 (Public Law +115-31; 50 U.S.C. 3001 note) is amended-- + (1) in subsections (a) through (h)-- + (A) by inserting ``, the People's Republic of China, the + Islamic Republic of Iran, the Democratic People's Republic of + Korea, or other nation state'' after ``Russian Federation'' + each place it appears; and + (B) by inserting ``, China, Iran, North Korea, or other + nation state'' after ``Russia'' each place it appears; and + (2) in the section heading, by inserting ``, the people's + republic of china, the islamic republic of iran, the democratic + people's republic of korea, or other nation state'' after ``russian + federation''. + (b) Clerical Amendment.--The table of contents in section 1(b) of +such Act is amended by striking the item relating to section 501 and +inserting the following new item: ``Sec. 501. Committee to counter active measures by the Russian - Federation, the People's Republic of China, - the Islamic Republic of Iran, the - Democratic People's Republic of Korea, and - other nation states to exert covert - influence over peoples and governments.''. - (b) Report Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Director of National - Intelligence, in coordination with such elements of the - intelligence community as the Director considers relevant, - shall submit to the congressional intelligence committees a - report on the feasibility and advisability of establishing a - center, to be known as the ``Foreign Malign Influence Response - Center'', that-- - (A) is comprised of analysts from all appropriate - elements of the intelligence community, including - elements with related diplomatic and law enforcement - functions; - (B) has access to all intelligence and other - reporting acquired by the United States Government on - foreign efforts to influence, through overt and covert - malign activities, United States political processes - and elections; - (C) provides comprehensive assessment, and - indications and warning, of such activities; and - (D) provides for enhanced dissemination of such - assessment to United States policy makers. - (2) Contents.--The Report required by paragraph (1) shall - include the following: - (A) A discussion of the desirability of the - establishment of such center and any barriers to such - establishment. - (B) Such recommendations and other matters as the - Director considers appropriate. + Federation, the People's Republic of China, the Islamic + Republic of Iran, the Democratic People's Republic of Korea, + and other nation states to exert covert influence over peoples + and governments.''. Subtitle B--Reports -SEC. 10711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY. - +SEC. 6711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY. Section 11001(d) of title 5, United States Code, is amended-- - (1) in the subsection heading, by striking ``Audit'' and - inserting ``Review''; - (2) in paragraph (1), by striking ``audit'' and inserting - ``review''; and - (3) in paragraph (2), by striking ``audit'' and inserting - ``review''. - -SEC. 10712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF - THE DEPARTMENT OF HOMELAND SECURITY. - + (1) in the subsection heading, by striking ``Audit'' and + inserting ``Review''; + (2) in paragraph (1), by striking ``audit'' and inserting + ``review''; and + (3) in paragraph (2), by striking ``audit'' and inserting + ``review''. +SEC. 6712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF +THE DEPARTMENT OF HOMELAND SECURITY. (a) Definitions.--In this section: - (1) Appropriate committees of congress.--The term - ``appropriate committees of Congress'' means-- - (A) the congressional intelligence committees; - (B) the Committee on Homeland Security and - Governmental Affairs of the Senate; and - (C) the Committee on Homeland Security of the House - of Representatives. - (2) Homeland security intelligence enterprise.--The term - ``Homeland Security Intelligence Enterprise'' has the meaning - given such term in Department of Homeland Security Instruction - Number 264-01-001, or successor authority. + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Homeland Security and Governmental + Affairs of the Senate; and + (C) the Committee on Homeland Security of the House of + Representatives. + (2) Homeland security intelligence enterprise.--The term + ``Homeland Security Intelligence Enterprise'' has the meaning given + such term in Department of Homeland Security Instruction Number + 264-01-001, or successor authority. (b) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Under Secretary of Homeland Security for @@ -45418,54 +58957,25 @@ Intelligence and Analysis, shall submit to the appropriate committees of Congress a report on the authorities of the Under Secretary. (c) Elements.--The report required by subsection (b) shall include each of the following: - (1) An analysis of whether the Under Secretary has the - legal and policy authority necessary to organize and lead the - Homeland Security Intelligence Enterprise, with respect to - intelligence, and, if not, a description of-- - (A) the obstacles to exercising the authorities of - the Chief Intelligence Officer of the Department and - the Homeland Security Intelligence Council, of which - the Chief Intelligence Officer is the chair; and - (B) the legal and policy changes necessary to - effectively coordinate, organize, and lead intelligence - activities of the Department of Homeland Security. - (2) A description of the actions that the Secretary has - taken to address the inability of the Under Secretary to - require components of the Department, other than the Office of - Intelligence and Analysis of the Department to-- - (A) coordinate intelligence programs; and - (B) integrate and standardize intelligence products - produced by such other components. - -SEC. 10713. REPORT ON CYBER EXCHANGE PROGRAM. - - (a) Report.--Not later than 90 days after the date of the enactment -of this Act, the Director of National Intelligence shall submit to the -congressional intelligence committees a report on the potential -establishment of a fully voluntary exchange program between elements of -the intelligence community and private technology companies under -which-- - (1) an employee of an element of the intelligence community - with demonstrated expertise and work experience in - cybersecurity or related disciplines may elect to be - temporarily detailed to a private technology company that has - elected to receive the detailee; and - (2) an employee of a private technology company with - demonstrated expertise and work experience in cybersecurity or - related disciplines may elect to be temporarily detailed to an - element of the intelligence community that has elected to - receive the detailee. - (b) Elements.--The report under subsection (a) shall include the -following: - (1) An assessment of the feasibility of establishing the - exchange program described in such subsection. - (2) Identification of any challenges in establishing the - exchange program. - (3) An evaluation of the benefits to the intelligence - community that would result from the exchange program. - -SEC. 10714. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS. - + (1) An analysis of whether the Under Secretary has the legal + and policy authority necessary to organize and lead the Homeland + Security Intelligence Enterprise, with respect to intelligence, + and, if not, a description of-- + (A) the obstacles to exercising the authorities of the + Chief Intelligence Officer of the Department and the Homeland + Security Intelligence Council, of which the Chief Intelligence + Officer is the chair; and + (B) the legal and policy changes necessary to effectively + coordinate, organize, and lead intelligence activities of the + Department of Homeland Security. + (2) A description of the actions that the Secretary has taken + to address the inability of the Under Secretary to require + components of the Department, other than the Office of Intelligence + and Analysis of the Department to-- + (A) coordinate intelligence programs; and + (B) integrate and standardize intelligence products + produced by such other components. +SEC. 6713. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS. (a) Review of Whistleblower Matters.--The Inspector General of the Intelligence Community, in consultation with the inspectors general for the Central Intelligence Agency, the National Security Agency, the @@ -45492,10 +59002,8 @@ subsection (a), along with recommendations to improve the timely and effective reporting of intelligence community whistleblower matters to inspectors general and to the congressional intelligence committees and the fair and expeditious investigation and resolution of such matters. - -SEC. 10715. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH - RESPECT TO CERTAIN FOREIGN INVESTMENTS. - +SEC. 6714. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH +RESPECT TO CERTAIN FOREIGN INVESTMENTS. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence @@ -45505,1207 +59013,4740 @@ Director in preparing analytic materials in connection with the evaluation by the Federal Government of national security risks associated with potential foreign investments into the United States. (b) Elements.--The report under subsection (a) shall include-- - (1) a description of the current process for the provision - of the analytic materials described in subsection (a); - (2) an identification of the most significant benefits and - drawbacks of such process with respect to the role of the - Director, including the sufficiency of resources and personnel - to prepare such materials; and - (3) recommendations to improve such process. - -SEC. 10716. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST - UNITED STATES TELECOMMUNICATIONS NETWORKS. - + (1) a description of the current process for the provision of + the analytic materials described in subsection (a); + (2) an identification of the most significant benefits and + drawbacks of such process with respect to the role of the Director, + including the sufficiency of resources and personnel to prepare + such materials; and + (3) recommendations to improve such process. +SEC. 6715. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST UNITED +STATES TELECOMMUNICATIONS NETWORKS. (a) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the following: - (1) The congressional intelligence committees. - (2) The Committee on the Judiciary and the Committee on - Homeland Security and Governmental Affairs of the Senate. - (3) The Committee on the Judiciary and the Committee on - Homeland Security of the House of Representatives. + (1) The congressional intelligence committees. + (2) The Committee on the Judiciary and the Committee on + Homeland Security and Governmental Affairs of the Senate. + (3) The Committee on the Judiciary and the Committee on + Homeland Security of the House of Representatives. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security, submit to the appropriate congressional committees a report describing-- - (1) any attempts known to the intelligence community by - foreign governments to exploit cybersecurity vulnerabilities in - United States telecommunications networks (including Signaling - System No. 7) to target for surveillance United States persons, - including employees of the Federal Government; and - (2) any actions, as of the date of the enactment of this - Act, taken by the intelligence community to protect agencies - and personnel of the United States Government from surveillance - conducted by foreign governments. - -SEC. 10717. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS. - + (1) any attempts known to the intelligence community by foreign + governments to exploit cybersecurity vulnerabilities in United + States telecommunications networks (including Signaling System No. + 7) to target for surveillance United States persons, including + employees of the Federal Government; and + (2) any actions, as of the date of the enactment of this Act, + taken by the intelligence community to protect agencies and + personnel of the United States Government from surveillance + conducted by foreign governments. +SEC. 6716. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS. (a) Intelligence Community Interagency Working Group.-- - (1) Requirement to establish.--The Director of National - Intelligence shall establish an intelligence community - interagency working group to prepare the biennial reports - required by subsection (b). - (2) Chairperson.--The Director of National Intelligence - shall serve as the chairperson of such interagency working - group. - (3) Membership.--Such interagency working group shall be - composed of representatives of each element of the intelligence - community that the Director of National Intelligence determines - appropriate. + (1) Requirement to establish.--The Director of National + Intelligence shall establish an intelligence community interagency + working group to prepare the biennial reports required by + subsection (b). + (2) Chairperson.--The Director of National Intelligence shall + serve as the chairperson of such interagency working group. + (3) Membership.--Such interagency working group shall be + composed of representatives of each element of the intelligence + community that the Director of National Intelligence determines + appropriate. (b) Biennial Report on Foreign Investment Risks.-- - (1) Report required.--Not later than 180 days after the - date of the enactment of this Act and not less frequently than - once every 2 years thereafter, the Director of National - Intelligence shall submit to the congressional intelligence - committees, the Committee on Homeland Security and Governmental - Affairs of the Senate, and the Committee on Homeland Security - of the House of Representatives a report on foreign investment - risks prepared by the interagency working group established - under subsection (a). - (2) Elements.--Each report required by paragraph (1) shall - include identification, analysis, and explanation of the - following: - (A) Any current or projected major threats to the - national security of the United States with respect to - foreign investment. - (B) Any strategy used by a foreign country that - such interagency working group has identified to be a - country of special concern to use foreign investment to - target the acquisition of critical technologies, - critical materials, or critical infrastructure. - (C) Any economic espionage efforts directed at the - United States by a foreign country, particularly such a - country of special concern. - -SEC. 10718. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON TRAVEL OF - FOREIGN DIPLOMATS. - + (1) Report required.--Not later than 180 days after the date of + the enactment of this Act and not less frequently than once every 2 + years thereafter, the Director of National Intelligence shall + submit to the appropriate congressional committees a report on + foreign investment risks prepared by the interagency working group + established under subsection (a). + (2) Elements.--Each report required by paragraph (1) shall + include identification, analysis, and explanation of the following: + (A) Any current or projected major threats to the national + security of the United States with respect to foreign + investment. + (B) Any strategy used by a foreign country that such + interagency working group has identified to be a country of + special concern to use foreign investment to target the + acquisition of critical technologies, critical materials, or + critical infrastructure. + (C) Any economic espionage efforts directed at the United + States by a foreign country, particularly such a country of + special concern. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the congressional intelligence committees; + (2) the Committee on Homeland Security and Governmental Affairs + and the Committee on Foreign Relations of the Senate; and + (3) the Committee on Homeland Security and the Committee on + Foreign Affairs of the House of Representatives. +SEC. 6717. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON TRAVEL OF +FOREIGN DIPLOMATS. Section 502(d)(2) of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115-31) is amended by striking ``the number'' and inserting ``a best estimate''. +SEC. 6718. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED +DISCLOSURES OF CLASSIFIED INFORMATION. + (a) In General.--Title XI of the National Security Act of 1947 (50 +U.S.C. 3231 et seq.) is amended by adding at the end the following new +section: +``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED +DISCLOSURES OF CLASSIFIED INFORMATION. + ``(a) Definitions.--In this section: + ``(1) Covered official.--The term `covered official' means-- + ``(A) the heads of each element of the intelligence + community; and + ``(B) the inspectors general with oversight responsibility + for an element of the intelligence community. + ``(2) Investigation.--The term `investigation' means any + inquiry, whether formal or informal, into the existence of an + unauthorized public disclosure of classified information. + ``(3) Unauthorized disclosure of classified information.--The + term `unauthorized disclosure of classified information' means any + unauthorized disclosure of classified information to any recipient. + ``(4) Unauthorized public disclosure of classified + information.--The term `unauthorized public disclosure of + classified information' means the unauthorized disclosure of + classified information to a journalist or media organization. + ``(b) Intelligence Community Reporting.-- + ``(1) In general.--Not less frequently than once every 6 + months, each covered official shall submit to the congressional + intelligence committees a report on investigations of unauthorized + public disclosures of classified information. + ``(2) Elements.--Each report submitted under paragraph (1) + shall include, with respect to the preceding 6-month period, the + following: + ``(A) The number of investigations opened by the covered + official regarding an unauthorized public disclosure of + classified information. + ``(B) The number of investigations completed by the covered + official regarding an unauthorized public disclosure of + classified information. + ``(C) Of the number of such completed investigations + identified under subparagraph (B), the number referred to the + Attorney General for criminal investigation. + ``(c) Department of Justice Reporting.-- + ``(1) In general.--Not less frequently than once every 6 + months, the Assistant Attorney General for National Security of the + Department of Justice, in consultation with the Director of the + Federal Bureau of Investigation, shall submit to the congressional + intelligence committees, the Committee on the Judiciary of the + Senate, and the Committee on the Judiciary of the House of + Representatives a report on the status of each referral made to the + Department of Justice from any element of the intelligence + community regarding an unauthorized disclosure of classified + information made during the most recent 365-day period or any + referral that has not yet been closed, regardless of the date the + referral was made. + ``(2) Contents.--Each report submitted under paragraph (1) + shall include, for each referral covered by the report, at a + minimum, the following: + ``(A) The date the referral was received. + ``(B) A statement indicating whether the alleged + unauthorized disclosure described in the referral was + substantiated by the Department of Justice. + ``(C) A statement indicating the highest level of + classification of the information that was revealed in the + unauthorized disclosure. + ``(D) A statement indicating whether an open criminal + investigation related to the referral is active. + ``(E) A statement indicating whether any criminal charges + have been filed related to the referral. + ``(F) A statement indicating whether the Department of + Justice has been able to attribute the unauthorized disclosure + to a particular entity or individual. + ``(d) Form of Reports.--Each report submitted under this section +shall be submitted in unclassified form, but may have a classified +annex.''. + (b) Clerical Amendment.--The table of contents in the first section +of the National Security Act of 1947 is amended by inserting after the +item relating to section 1104 the following new item: + +``Sec. 1105. Semiannual reports on investigations of unauthorized + disclosures of classified information.''. +SEC. 6719. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF COVERED +INTELLIGENCE OFFICER AS PERSONA NON GRATA. + (a) Covered Intelligence Officer Defined.--In this section, the +term ``covered intelligence officer'' means-- + (1) a United States intelligence officer serving in a post in a + foreign country; or + (2) a known or suspected foreign intelligence officer serving + in a United States post. + (b) Requirement for Reports.--Not later than 72 hours after a +covered intelligence officer is designated as a persona non grata, the +Director of National Intelligence, in consultation with the Secretary +of State, shall submit to the congressional intelligence committees, +the Committee on Foreign Relations of the Senate, and the Committee on +Foreign Affairs of the House of Representatives a notification of that +designation. Each such notification shall include-- + (1) the date of the designation; + (2) the basis for the designation; and + (3) a justification for the expulsion. +SEC. 6720. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN +VULNERABILITIES EQUITIES PROCESS OF FEDERAL GOVERNMENT. + (a) Definitions.--In this section: + (1) Vulnerabilities equities policy and process document.--The + term ``Vulnerabilities Equities Policy and Process document'' means + the executive branch document entitled ``Vulnerabilities Equities + Policy and Process'' dated November 15, 2017. + (2) Vulnerabilities equities process.--The term + ``Vulnerabilities Equities Process'' means the interagency review + of vulnerabilities, pursuant to the Vulnerabilities Equities Policy + and Process document or any successor document. + (3) Vulnerability.--The term ``vulnerability'' means a weakness + in an information system or its components (for example, system + security procedures, hardware design, and internal controls) that + could be exploited or could affect confidentiality, integrity, or + availability of information. + (b) Reports on Process and Criteria Under Vulnerabilities Equities +Policy and Process.-- + (1) In general.--Not later than 90 days after the date of the + enactment of this Act, the Director of National Intelligence shall + submit to the congressional intelligence committees a written + report describing-- + (A) with respect to each element of the intelligence + community-- + (i) the title of the official or officials responsible + for determining whether, pursuant to criteria contained in + the Vulnerabilities Equities Policy and Process document or + any successor document, a vulnerability must be submitted + for review under the Vulnerabilities Equities Process; and + (ii) the process used by such element to make such + determination; and + (B) the roles or responsibilities of that element during a + review of a vulnerability submitted to the Vulnerabilities + Equities Process. + (2) Changes to process or criteria.--Not later than 30 days + after any significant change is made to the process and criteria + used by any element of the intelligence community for determining + whether to submit a vulnerability for review under the + Vulnerabilities Equities Process, such element shall submit to the + congressional intelligence committees a report describing such + change. + (3) Form of reports.--Each report submitted under this + subsection shall be submitted in unclassified form, but may include + a classified annex. + (c) Annual Reports.-- + (1) In general.--Not less frequently than once each calendar + year, the Director of National Intelligence shall submit to the + congressional intelligence committees a classified report + containing, with respect to the previous year-- + (A) the number of vulnerabilities submitted for review + under the Vulnerabilities Equities Process; + (B) the number of vulnerabilities described in subparagraph + (A) disclosed to each vendor responsible for correcting the + vulnerability, or to the public, pursuant to the + Vulnerabilities Equities Process; and + (C) the aggregate number, by category, of the + vulnerabilities excluded from review under the Vulnerabilities + Equities Process, as described in paragraph 5.4 of the + Vulnerabilities Equities Policy and Process document. + (2) Unclassified information.--Each report submitted under + paragraph (1) shall include an unclassified appendix that + contains-- + (A) the aggregate number of vulnerabilities disclosed to + vendors or the public pursuant to the Vulnerabilities Equities + Process; and + (B) the aggregate number of vulnerabilities disclosed to + vendors or the public pursuant to the Vulnerabilities Equities + Process known to have been patched. + (3) Nonduplication.--The Director of National Intelligence may + forgo submission of an annual report required under this subsection + for a calendar year, if the Director notifies the intelligence + committees in writing that, with respect to the same calendar year, + an annual report required by paragraph 4.3 of the Vulnerabilities + Equities Policy and Process document already has been submitted to + Congress, and such annual report contains the information that + would otherwise be required to be included in an annual report + under this subsection. +SEC. 6721. INSPECTORS GENERAL REPORTS ON CLASSIFICATION. + (a) Reports Required.--Not less than once per year in each of the +three fiscal years immediately following the date of the enactment of +this Act, each Inspector General listed in subsection (b) shall submit +to the congressional intelligence committees a report that includes, +with respect to the department or agency of the Inspector General, +analyses of the following with respect to the prior fiscal year: + (1) The accuracy of the application of classification and + handling markers on a representative sample of finished reports, + including such reports that are compartmented. + (2) Compliance with declassification procedures. + (3) The effectiveness of processes for identifying topics of + public or historical importance that merit prioritization for a + declassification review. + (b) Inspectors General Listed.--The Inspectors General listed in +this subsection are as follows: + (1) The Inspector General of the Intelligence Community. + (2) The Inspector General of the Central Intelligence Agency. + (3) The Inspector General of the National Security Agency. + (4) The Inspector General of the Defense Intelligence Agency. + (5) The Inspector General of the National Reconnaissance + Office. + (6) The Inspector General of the National Geospatial- + Intelligence Agency. +SEC. 6722. REPORTS AND BRIEFINGS ON NATIONAL SECURITY EFFECTS OF GLOBAL +WATER INSECURITY AND EMERGING INFECTIOUS DISEASE AND PANDEMICS. + (a) Global Water Insecurity.-- + (1) Report.-- + (A) In general.--Not later than 180 days after the date of + the enactment of this Act, the Director of National + Intelligence shall submit to the congressional intelligence + committees, the Committee on Foreign Affairs of the House of + Representatives, and the Committee on Foreign Relations of the + Senate a report on the implications of water insecurity on the + national security interests of the United States, including + consideration of social, economic, agricultural, and + environmental factors. + (B) Assessment scope and focus.--The report submitted under + subparagraph (A) shall include an assessment of water + insecurity described in such subsection with a global scope, + but focus on areas of the world-- + (i) of strategic, economic, or humanitarian interest to + the United States-- + + (I) that are, as of the date of the report, at the + greatest risk of instability, conflict, human + insecurity, or mass displacement; or + (II) where challenges relating to water insecurity + are likely to emerge and become significant during the + 5-year or the 20-year period beginning on the date of + the report; and + + (ii) where challenges relating to water insecurity are + likely to imperil the national security interests of the + United States or allies of the United States. + (C) Consultation.--In researching the report required by + subparagraph (A), the Director shall consult with-- + (i) such stakeholders within the intelligence + community, the Department of Defense, and the Department of + State as the Director considers appropriate; and + (ii) such additional Federal agencies and persons in + the private sector as the Director considers appropriate. + (D) Form.--The report submitted under subparagraph (A) + shall be submitted in unclassified form, but may include a + classified annex. + (2) Quinquennial briefings.--Beginning on the date that is 5 + years after the date on which the Director submits the report under + paragraph (1), and every 5 years thereafter, the Director shall + provide to the committees specified in such paragraph a briefing + that updates the matters contained in the report. + (b) Emerging Infectious Disease and Pandemics.-- + (1) Report.-- + (A) In general.--Not later than 120 days after the date of + the enactment of this Act, the Director of National + Intelligence shall submit to the appropriate congressional + committees a report on the anticipated geopolitical effects of + emerging infectious disease (including deliberate, accidental, + and naturally occurring infectious disease threats) and + pandemics, and their implications on the national security of + the United States. + (B) Contents.--The report under subparagraph (A) shall + include an assessment of-- + (i) the economic, social, political, and security + risks, costs, and impacts of emerging infectious diseases + on the United States and the international political and + economic system; + (ii) the economic, social, political, and security + risks, costs, and impacts of a major transnational pandemic + on the United States and the international political and + economic system; and + (iii) contributing trends and factors to the matters + assessed under clauses (i) and (ii). + (C) Examination of response capacity.--In examining the + risks, costs, and impacts of emerging infectious disease and a + possible transnational pandemic under subparagraph (B), the + Director of National Intelligence shall also examine in the + report under subparagraph (A) the response capacity within + affected countries and the international system. In considering + response capacity, the Director shall include-- + (i) the ability of affected nations to effectively + detect and manage emerging infectious diseases and a + possible transnational pandemic; + (ii) the role and capacity of international + organizations and nongovernmental organizations to respond + to emerging infectious disease and a possible pandemic, and + their ability to coordinate with affected and donor + nations; and + (iii) the effectiveness of current international + frameworks, agreements, and health systems to respond to + emerging infectious diseases and a possible transnational + pandemic. + (2) Quinquennial briefings.--Beginning on the date that is 5 + years after the date on which the Director submits the report under + paragraph (1), and every 5 years thereafter, the Director shall + provide to the congressional intelligence committees a briefing + that updates the matters contained in the report. + (3) Form.--The report under paragraph (1) and the briefings + under paragraph (2) may be classified. + (4) Appropriate congressional committees defined.--In this + subsection, the term ``appropriate congressional committees'' + means-- + (A) the congressional intelligence committees; + (B) the Committee on Foreign Affairs, the Committee on + Armed Services, the Committee on Energy and Commerce, and the + Committee on Appropriations of the House of Representatives; + and + (C) the Committee on Foreign Relations, the Committee on + Armed Services, the Committee on Health, Education, Labor, and + Pensions, and the Committee on Appropriations of the Senate. +SEC. 6723. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING BETWEEN ELEMENTS +OF INTELLIGENCE COMMUNITY AND OTHER ENTITIES OF THE UNITED STATES +GOVERNMENT REGARDING SIGNIFICANT OPERATIONAL ACTIVITIES OR POLICY. + Section 311 of the Intelligence Authorization Act for Fiscal Year +2017 (50 U.S.C. 3313) is amended-- + (1) by redesignating subsection (b) as subsection (c); and + (2) by striking subsection (a) and inserting the following: + ``(a) In General.--Each year, concurrent with the annual budget +request submitted by the President to Congress under section 1105 of +title 31, United States Code, each head of an element of the +intelligence community shall submit to the congressional intelligence +committees a report that lists each memorandum of understanding or +other agreement regarding significant operational activities or policy +entered into during the most recently completed fiscal year between or +among such element and any other entity of the United States +Government. + ``(b) Provision of Documents.--Each head of an element of an +intelligence community who receives a request from the Select Committee +on Intelligence of the Senate or the Permanent Select Committee on +Intelligence of the House of Representatives for a copy of a memorandum +of understanding or other document listed in a report submitted by the +head under subsection (a) shall submit to such committee the requested +copy as soon as practicable after receiving such request.''. +SEC. 6724. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED WIRELINE +AND WIRELESS TELEPHONE CALLS. + (a) Study Required.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence shall +complete and submit to the congressional intelligence committees a +study on the feasibility of encrypting unclassified wireline and +wireless telephone calls between personnel in the intelligence +community. + (b) Briefing.--Not later than 90 days after the date on which the +Director submits the study required by subsection (a), the Director +shall provide to the congressional intelligence committees a briefing +on the Director's findings with respect to such study. +SEC. 6725. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND RELATED +PROGRAMS. + (a) Sense of Congress.--It is the sense of Congress that-- + (1) there should be established, through the issuing of an + Intelligence Community Directive or otherwise, an intelligence- + community-wide program for student loan repayment, student loan + forgiveness, financial counseling, and related matters, for + employees of the intelligence community; + (2) creating such a program would enhance the ability of the + elements of the intelligence community to recruit, hire, and retain + highly qualified personnel, including with respect to mission- + critical and hard-to-fill positions; + (3) such a program, including with respect to eligibility + requirements, should be designed so as to maximize the ability of + the elements of the intelligence community to recruit, hire, and + retain highly qualified personnel, including with respect to + mission-critical and hard-to-fill positions; and + (4) to the extent possible, such a program should be uniform + throughout the intelligence community and publicly promoted by each + element of the intelligence community to both current employees of + the element as well as to prospective employees of the element. + (b) Report on Potential Intelligence Community-Wide Program.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the Director of National Intelligence, in + cooperation with the heads of the elements of the intelligence + community and the heads of any other appropriate department or + agency of the Federal Government, shall submit to the congressional + intelligence committees a report on potentially establishing and + carrying out an intelligence-community-wide program for student + loan repayment, student loan forgiveness, financial counseling, and + related matters, as described in subsection (a). + (2) Matters included.--The report under paragraph (1) shall + include, at a minimum, the following: + (A) A description of the financial resources that the + elements of the intelligence community would require to + establish and initially carry out the program specified in + paragraph (1). + (B) A description of the practical steps to establish and + carry out such a program. + (C) The identification of any legislative action the + Director determines necessary to establish and carry out such a + program. + (c) Annual Reports on Established Programs.-- + (1) Covered programs defined.--In this subsection, the term + ``covered programs'' means any loan repayment program, loan + forgiveness program, financial counseling program, or similar + program, established pursuant to title X of the National Security + Act of 1947 (50 U.S.C. 3191 et seq.) or any other provision of law + that may be administered or used by an element of the intelligence + community. + (2) Annual reports required.--Not less frequently than once + each year, the Director of National Intelligence shall submit to + the congressional intelligence committees a report on the covered + programs. Each such report shall include, with respect to the + period covered by the report, the following: + (A) The number of personnel from each element of the + intelligence community who used each covered program. + (B) The total amount of funds each element expended for + each such program. + (C) A description of the efforts made by each element to + promote each covered program pursuant to both the personnel of + the element of the intelligence community and to prospective + personnel. +SEC. 6726. REPEAL OF CERTAIN REPORTING REQUIREMENTS. + (a) Correcting Long-Standing Material Weaknesses.--Section 368 of +the Intelligence Authorization Act for Fiscal Year 2010 (Public Law +110-259; 50 U.S.C. 3051 note) is hereby repealed. + (b) Interagency Threat Assessment and Coordination Group.--Section +210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended-- + (1) by striking subsection (c); and + (2) by redesignating subsections (d) through (i) as subsections + (c) through (h), respectively; and + (3) in subsection (c), as so redesignated-- + (A) in paragraph (8), by striking ``; and'' and inserting a + period; and + (B) by striking paragraph (9). + (c) Inspector General Report.--Section 8H of the Inspector General +Act of 1978 (5 U.S.C. App.) is amended-- + (1) by striking subsection (g); and + (2) by redesignating subsections (h) and (i) as subsections (g) + and (h), respectively. +SEC. 6727. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON +SENIOR EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF NATIONAL +INTELLIGENCE. + (a) Senior Executive Service Position Defined.--In this section, +the term ``Senior Executive Service position'' has the meaning given +that term in section 3132(a)(2) of title 5, United States Code, and +includes any position above the GS-15, step 10, level of the General +Schedule under section 5332 of such title. + (b) Report.--Not later than 90 days after the date of the enactment +of this Act, the Inspector General of the Intelligence Community shall +submit to the congressional intelligence committees a report on the +number of Senior Executive Service positions in the Office of the +Director of National Intelligence. + (c) Matters Included.--The report under subsection (b) shall +include the following: + (1) The number of required Senior Executive Service positions + for the Office of the Director of National Intelligence. + (2) Whether such requirements are reasonably based on the + mission of the Office. + (3) A discussion of how the number of the Senior Executive + Service positions in the Office compare to the number of senior + positions at comparable organizations. + (d) Cooperation.--The Director of National Intelligence shall +provide to the Inspector General of the Intelligence Community any +information requested by the Inspector General of the Intelligence +Community that is necessary to carry out this section by not later than +14 calendar days after the date on which the Inspector General of the +Intelligence Community makes such request. +SEC. 6728. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION OFFERING +PERMANENT RESIDENCE TO SOURCES AND COOPERATORS. + Not later than 30 days after the date of the enactment of this Act, +the Director of the Federal Bureau of Investigation shall provide to +the congressional intelligence committees a briefing on the ability of +the Federal Bureau of Investigation to offer, as an inducement to +assisting the Bureau, permanent residence within the United States to +foreign individuals who are sources or cooperators in +counterintelligence or other national-security-related investigations. +The briefing shall address the following: + (1) The extent to which the Bureau may make such offers, + whether independently or in conjunction with other agencies and + departments of the United States Government, including a discussion + of the authorities provided by section 101(a)(15)(S) of the + Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)), section + 7 of the Central Intelligence Agency Act (50 U.S.C. 3508), and any + other provision of law under which the Bureau may make such offers. + (2) An overview of the policies and operational practices of + the Bureau with respect to making such offers. + (3) The sufficiency of such policies and practices with respect + to inducing individuals to cooperate with, serve as sources for + such investigations, or both. + (4) Whether the Director recommends any legislative actions to + improve such policies and practices, particularly with respect to + the counterintelligence efforts of the Bureau. +SEC. 6729. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES. + (a) Assessment Required.--Not later than 180 days after the date of +the enactment of this Act, the Director of National Intelligence, in +coordination with the Assistant Secretary of State for Intelligence and +Research and the Assistant Secretary of the Treasury for Intelligence +and Analysis, shall produce an intelligence assessment of the revenue +sources of the North Korean regime. Such assessment shall include +revenue from the following sources: + (1) Trade in coal, iron, and iron ore. + (2) The provision of fishing rights to North Korean territorial + waters. + (3) Trade in gold, titanium ore, vanadium ore, copper, silver, + nickel, zinc, or rare earth minerals, and other stores of value. + (4) Trade in textiles. + (5) Sales of conventional defense articles and services. + (6) Sales of controlled goods, ballistic missiles, and other + associated items. + (7) Other types of manufacturing for export, as the Director of + National Intelligence considers appropriate. + (8) The exportation of workers from North Korea in a manner + intended to generate significant revenue, directly or indirectly, + for use by the government of North Korea. + (9) The provision of nonhumanitarian goods (such as food, + medicine, and medical devices) and services by other countries. + (10) The provision of services, including banking and other + support, including by entities located in the Russian Federation, + China, and Iran. + (11) Online commercial activities of the Government of North + Korea, including online gambling. + (12) Criminal activities, including cyber-enabled crime and + counterfeit goods. + (b) Elements.--The assessment required under subsection (a) shall +include an identification of each of the following: + (1) The sources of North Korea's funding. + (2) Financial and nonfinancial networks, including supply chain + management, transportation, and facilitation, through which North + Korea accesses the United States and international financial + systems and repatriates and exports capital, goods, and services; + and + (3) the global financial institutions, money services business, + and payment systems that assist North Korea with financial + transactions. + (c) Submittal to Congress.--Upon completion of the assessment +required under subsection (a), the Director of National Intelligence +shall submit to the congressional intelligence committees, the +Committee on Foreign Affairs of the House of Representatives, and the +Committee on Foreign Relations of the Senate a copy of such assessment. +SEC. 6730. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL CURRENCIES BY +TERRORIST ACTORS. + (a) Short Title.--This section may be cited as the ``Stop Terrorist +Use of Virtual Currencies Act''. + (b) Report.--Not later than 1 year after the date of the enactment +of this Act, the Director of National Intelligence, in consultation +with the Secretary of the Treasury and the Under Secretary of Homeland +Security for Intelligence and Analysis, shall submit to Congress a +report on the possible exploitation of virtual currencies by terrorist +actors. Such report shall include the following elements: + (1) An assessment of the means and methods by which + international terrorist organizations and State sponsors of + terrorism use virtual currencies. + (2) An assessment of the use by terrorist organizations and + state sponsors of terrorism of virtual currencies compared to the + use by such organizations and states of other forms of financing to + support operations, including an assessment of the collection + posture of the intelligence community on the use of virtual + currencies by such organizations and states. + (3) A description of any existing legal impediments that + inhibit or prevent the intelligence community from collecting + information on or helping prevent the use of virtual currencies by + international terrorist organizations and state sponsors of + terrorism and an identification of any gaps in existing law that + could be exploited for illicit funding by such organizations and + States. + (c) Form of Report.--The report required by subsection (b) shall be +submitted in unclassified form, but may include a classified annex. + (d) Dissemination to State and Local Partners.--Consistent with the +protection of classified and confidential unclassified information, the +Under Secretary shall share the report required by subsection (b) with +State, local, and regional officials who operate within State, local, +and regional fusion centers through the Department of Homeland Security +State, Local, and Regional Fusion Center Initiative established in +section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h). + + Subtitle C--Other Matters + +SEC. 6741. PUBLIC INTEREST DECLASSIFICATION BOARD. + (a) Meetings.--Section 703(e) of the Public Interest +Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. 3161 note) +is amended by striking ``funds.'' and inserting ``funds, but shall meet +in person not less frequently than on a quarterly basis.''. + (b) Removal of Sunset.--Section 710 of the Public Interest +Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. 3161 note) +is amended-- + (1) by striking subsection (b); + (2) in the section heading, by striking ``; sunset''; and + (3) by striking ``(a) Effective Date.--''. + (c) Status of Board.--Notwithstanding section 710(b) of the Public +Interest Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. +3161 note) as in effect on the day before the date of the enactment of +this Act-- + (1) the Public Interest Declassification Board shall be deemed + to not have terminated for purposes of the appointment of members + to the Board; + (2) section 703(h) of such Act shall not apply with respect to + the period beginning on December 31, 2018, and ending on the day + before the date of the enactment of this Act; and + (3) the length of the terms of the members serving on the Board + as of December 30, 2018, shall be calculated by not counting the + period specified in paragraph (2). +SEC. 6742. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY +ACT OF 1947. + (a) Table of Contents.--The table of contents at the beginning of +the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended-- + (1) by inserting after the item relating to section 2 the + following new item: + +``Sec. 3. Definitions.''; + + (2) by striking the item relating to section 107; + (3) by striking the item relating to section 113B and inserting + the following new item: + +``Sec. 113B. Special pay authority for science, technology, engineering, + or mathematics positions.''; + + (4) by striking the items relating to sections 202, 203, 204, + 208, 209, 210, 211, 212, 213, and 214; and + (5) by inserting after the item relating to section 311 the + following new item: + +``Sec. 312. Repealing and saving provisions.''. + + (b) Other Technical Corrections.--Such Act is further amended-- + (1) in section 102A-- + (A) in subparagraph (G) of paragraph (1) of subsection (g), + by moving the margins of such subparagraph 2 ems to the left; + and + (B) in paragraph (3) of subsection (v), by moving the + margins of such paragraph 2 ems to the left; + (2) in section 106-- + (A) by inserting ``Sec. 106.'' before ``(a)'' and + conforming the typeface and typestyle accordingly; and + (B) in subparagraph (I) of paragraph (2) of subsection (b), + by moving the margins of such subparagraph 2 ems to the left; + (3) by striking section 107; + (4) in section 108(c), by striking ``in both a classified and + an unclassified form'' and inserting ``to Congress in classified + form, but may include an unclassified summary''; + (5) in section 112(c)(1), by striking ``section 103(c)(7)'' and + inserting ``section 102A(i)''; + (6) by amending section 201 to read as follows: + ``SEC. 201. DEPARTMENT OF DEFENSE. + ``Except to the extent inconsistent with the provisions of this Act +or other provisions of law, the provisions of title 5, United States +Code, shall be applicable to the Department of Defense.''; + (7) in section 205, by redesignating subsections (b) and (c) as + subsections (a) and (b), respectively; + (8) in section 206, by striking ``(a)''; + (9) in section 207, by striking ``(c)''; + (10) in section 308(a), by striking ``this Act'' and inserting + ``sections 2, 101, 102, 103, and 303 of this Act''; + (11) by redesignating section 411 as section 312; + (12) in section 503-- + (A) in paragraph (5) of subsection (c)-- + (i) by moving the margins of such paragraph 4 ems to + the left; and + (ii) by moving the margins of subparagraph (B) of such + paragraph 2 ems to the left; and + (B) in paragraph (2) of subsection (d), by moving the + margins of such paragraph 2 ems to the left; and + (13) in subparagraph (B) of paragraph (3) of subsection (a) of + section 504, by moving the margins of such subparagraph 2 ems to + the right. +SEC. 6743. BUG BOUNTY PROGRAMS. + (a) Definitions.--In this section: + (1) Appropriate committees of congress.--The term ``appropriate + committees of Congress'' means-- + (A) the congressional intelligence committees; + (B) the Committee on Armed Services and the Committee on + Homeland Security and Governmental Affairs of the Senate; and + (C) the Committee on Armed Services and the Committee on + Homeland Security of the House of Representatives. + (2) Bug bounty program.--The term ``bug bounty program'' means + a program under which an approved computer security specialist or + security researcher is temporarily authorized to identify and + report vulnerabilities within the information system of an agency + or department of the United States in exchange for compensation. + (3) Information system.--The term ``information system'' has + the meaning given that term in section 3502 of title 44, United + States Code. + (b) Bug Bounty Program Plan.-- + (1) Requirement.--Not later than 180 days after the date of the + enactment of this Act, the Secretary of Homeland Security, in + consultation with the Secretary of Defense, shall submit to + appropriate committees of Congress a strategic plan for appropriate + agencies and departments of the United States to implement bug + bounty programs. + (2) Contents.--The plan required by paragraph (1) shall + include-- + (A) an assessment of-- + (i) the ``Hack the Pentagon'' pilot program carried out + by the Department of Defense in 2016 and subsequent bug + bounty programs in identifying and reporting + vulnerabilities within the information systems of the + Department of Defense; and + (ii) private sector bug bounty programs, including such + programs implemented by leading technology companies in the + United States; and + (B) recommendations on the feasibility of initiating bug + bounty programs at appropriate agencies and departments of the + United States. +SEC. 6744. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY. + (a) National Nuclear Security Administration Act.--Section 3233(b) +of the National Nuclear Security Administration Act (50 U.S.C. 2423(b)) +is amended-- + (1) by striking ``Administration'' and inserting + ``Department''; and + (2) by inserting ``Intelligence and'' after ``the Office of''. + (b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic +Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting +``Intelligence and'' after ``The Director of''. + (c) National Security Act of 1947.--Paragraph (2) of section 106(b) +of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is +amended-- + (1) in subparagraph (E), by inserting ``and + Counterintelligence'' after ``Office of Intelligence''; + (2) by striking subparagraph (F); and + (3) by redesignating subparagraphs (G), (H), and (I) as + subparagraphs (F), (G), and (H), respectively. +SEC. 6745. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN DISCLOSURES OF +CLASSIFIED INFORMATION. + (a) Definitions.--In this section: + (1) Adversary foreign government.--The term ``adversary foreign + government'' means the government of any of the following foreign + countries: + (A) North Korea. + (B) Iran. + (C) China. + (D) Russia. + (E) Cuba. + (2) Covered classified information.--The term ``covered + classified information'' means classified information that was-- + (A) collected by an element of the intelligence community; + or + (B) provided by the intelligence service or military of a + foreign country to an element of the intelligence community. + (3) Established intelligence channels.--The term ``established + intelligence channels'' means methods to exchange intelligence to + coordinate foreign intelligence relationships, as established + pursuant to law by the Director of National Intelligence, the + Director of the Central Intelligence Agency, the Director of the + National Security Agency, or other head of an element of the + intelligence community. + (4) Individual in the executive branch.--The term ``individual + in the executive branch'' means any officer or employee of the + executive branch, including individuals-- + (A) occupying a position specified in article II of the + Constitution; + (B) appointed to a position by an individual described in + subparagraph (A); or + (C) serving in the civil service or the Senior Executive + Service (or similar service for senior executives of particular + departments or agencies). + (b) Findings.--Congress finds that section 502 of the National +Security Act of 1947 (50 U.S.C. 3092) requires elements of the +intelligence community to keep the congressional intelligence +committees ``fully and currently informed'' about all ``intelligence +activities'' of the United States, and to ``furnish to the +congressional intelligence committees any information or material +concerning intelligence activities * * * which is requested by either +of the congressional intelligence committees in order to carry out its +authorized responsibilities.''. + (c) Sense of Congress.--It is the sense of Congress that-- + (1) section 502 of the National Security Act of 1947 (50 U.S.C. + 3092), together with other intelligence community authorities, + obligates an element of the intelligence community to submit to the + congressional intelligence committees written notification, by not + later than 7 days after becoming aware, that an individual in the + executive branch has disclosed covered classified information to an + official of an adversary foreign government using methods other + than established intelligence channels; and + (2) each such notification should include-- + (A) the date and place of the disclosure of classified + information covered by the notification; + (B) a description of such classified information; + (C) identification of the individual who made such + disclosure and the individual to whom such disclosure was made; + and + (D) a summary of the circumstances of such disclosure. +SEC. 6746. SENSE OF CONGRESS ON CONSIDERATION OF ESPIONAGE ACTIVITIES +WHEN CONSIDERING WHETHER OR NOT TO PROVIDE VISAS TO FOREIGN INDIVIDUALS +TO BE ACCREDITED TO A UNITED NATIONS MISSION IN THE UNITED STATES. + It is the sense of the Congress that the Secretary of State, in +considering whether or not to provide a visa to a foreign individual to +be accredited to a United Nations mission in the United States, should +consider-- + (1) known and suspected intelligence activities, espionage + activities, including activities constituting precursors to + espionage, carried out by the individual against the United States, + foreign allies of the United States, or foreign partners of the + United States; and + (2) the status of an individual as a known or suspected + intelligence officer for a foreign adversary. +SEC. 6747. SENSE OF CONGRESS ON WIKILEAKS. + It is the sense of Congress that WikiLeaks and the senior +leadership of WikiLeaks resemble a nonstate hostile intelligence +service often abetted by state actors and should be treated as such a +service by the United States. + + DIVISION F--OTHER MATTERS + TITLE LXXI--SANCTIONS WITH RESPECT TO NORTH KOREA + +Sec. 7101. Short title. + + Subtitle A--Sanctions With Respect to North Korea + +Sec. 7111. Sense of Congress. +Sec. 7112. Definitions. + + Part I--Expansion of Sanctions and Related Matters + +Sec. 7121. Sanctions with respect to foreign financial institutions that + provide financial services to certain sanctioned persons. +Sec. 7122. Mandatory designations under North Korea Sanctions and Policy + Enhancement Act of 2016. +Sec. 7123. Extension of applicability period of proliferation prevention + sanctions. +Sec. 7124. Opposition to assistance by the international financial + institutions. +Sec. 7125. Support for capacity of the International Monetary Fund to + prevent money laundering and financing of terrorism. +Sec. 7126. Report and briefings on compliance, penalties, and technical + assistance. +Sec. 7127. Sense of Congress on identification and blocking of property + of North Korean officials. +Sec. 7128. Modification of report on implementation of United Nations + Security Council resolutions by other governments. +Sec. 7129. Report on use by the Government of North Korea of beneficial + ownership rules to access the international financial system. + + Part II--Congressional Review and Oversight + +Sec. 7131. Notification of termination or suspension of sanctions. +Sec. 7132. Reports on certain licensing actions. +Sec. 7133. Report and briefings on financial networks and financial + methods of the Government of North Korea. +Sec. 7134. Report on countries of concern with respect to transshipment, + reexportation, or diversion of certain items to North Korea. + + Part III--General Matters + +Sec. 7141. Rulemaking. +Sec. 7142. Authority to consolidate reports. +Sec. 7143. Waivers, exemptions, and termination. +Sec. 7144. Procedures for review of classified and certain other + information. +Sec. 7145. Briefing on resourcing of sanctions programs. +Sec. 7146. Briefing on proliferation financing. +Sec. 7147. Exception relating to importation of goods. + + Subtitle B--Financial Industry Guidance to Halt Trafficking + +Sec. 7151. Short title. +Sec. 7152. Sense of Congress. +Sec. 7153. Coordination of human trafficking issues by the Office of + Terrorism and Financial Intelligence. +Sec. 7154. Strengthening the role of anti-money laundering and other + financial tools in combating human trafficking. +Sec. 7155. Sense of Congress on resources to combat human trafficking. +SEC. 7101. SHORT TITLE. + This title may be cited as the ``Otto Warmbier North Korea Nuclear +Sanctions and Enforcement Act of 2019''. + + Subtitle A--Sanctions With Respect to North Korea + +SEC. 7111. SENSE OF CONGRESS. + It is the sense of Congress that-- + (1) the United States is committed to working with its allies + and partners to halt the nuclear and ballistic missile programs of + North Korea through a policy of maximum pressure and diplomatic + engagement; + (2) the imposition of sanctions, including those under this + title, should not be construed to limit the authority of the + President to fully engage in diplomatic negotiations to further the + policy objective described in paragraph (1); + (3) the successful use of sanctions to halt the nuclear and + ballistic missile programs of North Korea is part of a broader + diplomatic and economic strategy that relies on effective + coordination among relevant Federal agencies and officials, as well + as with international partners of the United States; and + (4) the coordination described in paragraph (3) should include + proper vetting of external messaging and communications from all + parts of the Executive branch to ensure that those communications + are an intentional component of and aligned with the strategy of + the United States with respect to North Korea. +SEC. 7112. DEFINITIONS. + In this subtitle, the terms ``applicable Executive order'', +``applicable United Nations Security Council resolution'', +``appropriate congressional committees'', ``Government of North +Korea'', ``North Korea'', ``North Korean financial institution'', and +``North Korean person'' have the meanings given those terms in section +3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 +U.S.C. 9202). + + PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS + +SEC. 7121. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS +THAT PROVIDE FINANCIAL SERVICES TO CERTAIN SANCTIONED PERSONS. + (a) In General.--Title II of the North Korea Sanctions and Policy +Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is amended by +inserting after section 201A the following: +``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS +THAT PROVIDE FINANCIAL SERVICES TO CERTAIN SANCTIONED PERSONS. + ``(a) In General.--The Secretary of the Treasury shall impose one +or more of the sanctions described in subsection (b) with respect to a +foreign financial institution that the Secretary determines, in +consultation with the Secretary of State, knowingly, on or after the +date that is 120 days after the date of the enactment of the Otto +Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, +provides significant financial services to any person designated for +the imposition of sanctions with respect to North Korea under-- + ``(1) subsection (a), (b), or (g) of section 104; + ``(2) an applicable Executive order; or + ``(3) an applicable United Nations Security Council resolution. + ``(b) Sanctions Described.--The sanctions that may be imposed with +respect to a foreign financial institution subject to subsection (a) +are the following: + ``(1) Asset blocking.--The Secretary may block and prohibit, + pursuant to the International Emergency Economic Powers Act (50 + U.S.C. 1701 et seq.), all transactions in all property and + interests in property of the foreign financial institution if such + property and interests in property are in the United States, come + within the United States, or are or come within the possession or + control of a United States person. + ``(2) Restrictions on correspondent and payable-through + accounts.--The Secretary may prohibit, or impose strict conditions + on, the opening or maintaining in the United States of a + correspondent account or a payable-through account by the foreign + financial institution. + ``(c) Implementation; Penalties.-- + ``(1) Implementation.--The President may exercise all + authorities provided under sections 203 and 205 of the + International Emergency Economic Powers Act (50 U.S.C. 1702 and + 1704) to carry out this section. + ``(2) Penalties.--A person that violates, attempts to violate, + conspires to violate, or causes a violation of this section or any + regulation, license, or order issued to carry out this section + shall be subject to the penalties set forth in subsections (b) and + (c) of section 206 of the International Emergency Economic Powers + Act (50 U.S.C. 1705) to the same extent as a person that commits an + unlawful act described in subsection (a) of that section. + ``(d) Regulations.--Not later than 120 days after the date of the +enactment of the Otto Warmbier North Korea Nuclear Sanctions and +Enforcement Act of 2019, the President shall, as appropriate, prescribe +regulations to carry out this section. + ``(e) Exception Relating to Importation of Goods.-- + ``(1) In general.--Notwithstanding section 404(b) or any + provision of this section, the authorities and requirements to + impose sanctions under this section shall not include the authority + or a requirement to impose sanctions on the importation of goods. + ``(2) Good defined.--In this subsection, the term `good' means + any article, natural or manmade substance, material, supply or + manufactured product, including inspection and test equipment, and + excluding technical data. + ``(f) Definitions.--In this section: + ``(1) Account; correspondent account; payable-through + account.--The terms `account', `correspondent account', and + `payable-through account' have the meanings given those terms in + section 5318A of title 31, United States Code. + ``(2) Foreign financial institution.--The term `foreign + financial institution' has the meaning given that term in section + 510.309 of title 31, Code of Federal Regulations (or any + corresponding similar regulation or ruling). + ``(3) Knowingly.--The term `knowingly', with respect to + conduct, a circumstance, or a result, means that a person has + actual knowledge, or should have known, of the conduct, the + circumstance, or the result. +``SEC. 201C. PROHIBITION ON TRANSACTIONS WITH CERTAIN SANCTIONED +PERSONS BY PERSONS OWNED OR CONTROLLED BY UNITED STATES FINANCIAL +INSTITUTIONS. + ``(a) In General.--Not later than 180 days after the date of the +enactment of the Otto Warmbier North Korea Nuclear Sanctions and +Enforcement Act of 2019, the Secretary of the Treasury, in consultation +with the Secretary of State, shall prohibit an entity owned or +controlled by a United States financial institution and established or +maintained outside the United States from knowingly engaging in any +transaction described in subsection (b) directly or indirectly with the +Government of North Korea or any person designated for the imposition +of sanctions with respect to North Korea under-- + ``(1) subsection (a), (b), or (g) of section 104; + ``(2) an applicable Executive order; or + ``(3) an applicable United Nations Security Council resolution. + ``(b) Transactions Described.--A transaction described in this +subsection is a transaction that would be prohibited by an order or +regulation issued pursuant to the International Emergency Economic +Powers Act (50 U.S.C. 1701 et seq.) if the transaction were engaged in +in the United States or by a United States person. + ``(c) Civil Penalties.--The civil penalty provided for in section +206(b) of the International Emergency Economic Powers Act (50 U.S.C. +1705(b)) shall apply to a United States financial institution to the +same extent that such penalty applies to a person that commits an +unlawful act described in section 206(a) of that Act if an entity owned +or controlled by the United States financial institution and +established or maintained outside the United States violates, attempts +to violate, conspires to violate, or causes a violation of any order or +regulation issued to implement subsection (a). + ``(d) United States Financial Institution Defined.--In this +section, the term `United States financial institution' has the meaning +given the term `U.S. financial institution' in section 510.328 of title +31, Code of Federal Regulations (or any corresponding similar +regulation or ruling).''. + (b) Clerical Amendment.--The table of contents for the North Korea +Sanctions and Policy Enhancement Act of 2016 is amended by inserting +after the item relating to section 201A the following: + +``Sec. 201B. Sanctions with respect to foreign financial institutions + that provide financial services to certain sanctioned persons. +``Sec. 201C. Prohibition on transactions with certain sanctioned persons + by persons owned or controlled by United States financial + institutions.''. +SEC. 7122. MANDATORY DESIGNATIONS UNDER NORTH KOREA SANCTIONS AND +POLICY ENHANCEMENT ACT OF 2016. + (a) In General.--Section 104 of the North Korea Sanctions and +Policy Enhancement Act of 2016 (22 U.S.C. 9214) is amended-- + (1) by adding at the end the following: + ``(g) Additional Mandatory Designations.-- + ``(1) In general.--Except as provided in section 208, the + President shall designate under this subsection any person that the + President determines-- + ``(A) knowingly, directly or indirectly, engages in the + importation from or exportation to North Korea of significant + quantities of-- + ``(i)(I) coal, textiles, seafood, iron, or iron ore; or + ``(II) refined petroleum products or crude oil above + limits set by the United Nations Security Council and with + which the United States concurs; or + ``(ii) services or technology related to goods + specified in clause (i); + ``(B) knowingly facilitates a significant transfer of funds + or property of the Government of North Korea that materially + contributes to any violation of an applicable United Nations + Security Council resolution; + ``(C) knowingly, directly or indirectly, engages in, + facilitates, or is responsible for the exportation of workers + from North Korea, or the employment of such workers, in a + manner that generates significant revenue, directly or + indirectly, for use by the Government of North Korea or by the + Workers' Party of Korea; + ``(D) knowingly, directly or indirectly, sells or transfers + a significant number of vessels to North Korea, except as + specifically approved by the United Nations Security Council; + ``(E) knowingly engages in a significant activity to + charter, insure, register, facilitate the registration of, or + maintain insurance or a registration for, a vessel owned, + controlled, commanded, or crewed by a North Korean person; or + ``(F) knowingly contributes to and participates in-- + ``(i) a significant act of bribery of an official of + the Government of North Korea or any person acting for or + on behalf of that official; + ``(ii) the misappropriation, theft, or embezzlement of + a significant amount of public funds by, or for the benefit + of, an official of the Government of North Korea or any + person acting for or on behalf of that official; or + ``(iii) the use of any proceeds of any activity + described in subparagraph (A) or (B).''; + (2) in subsection (c), by inserting ``or (g)'' after + ``subsection (a)''; + (3) in subsection (d)-- + (A) by striking ``or'' the first place it appears and + inserting a comma; and + (B) by inserting ``, or (g)'' after ``(b)''; and + (4) in subsection (e)-- + (A) by striking ``or'' the last place it appears and + inserting a comma; and + (B) by inserting ``, or (g)'' after ``(b)''. + (b) Conforming Amendments.--The North Korea Sanctions and Policy +Enhancement Act of 2016 is amended-- + (1) in section 3(4) (22 U.S.C. 9202(4))-- + (A) by striking ``or'' the first place it appears and + inserting a comma; and + (B) by inserting ``, or (g)'' after ``(b)''; and + (2) in section 102 (22 U.S.C. 9212)-- + (A) in subsection (a), by inserting ``or (g)'' after + ``section 104(a)'' each place it appears; and + (B) in subsection (b)(1)-- + (i) by striking ``and'' the first place it appears and + inserting a comma; and + (ii) by inserting ``, and (g)'' after ``(b)''; and + (3) in section 204 (22 U.S.C. 9224), by inserting ``or (g)'' + after ``section 104(a)'' each place it appears; and + (4) in section 302(b)(3) (22 U.S.C. 9241(b)(3)) is amended by + striking ``section 104(b)(1)(M)'' and inserting ``section + 104(g)(1)(C)''. +SEC. 7123. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION +PREVENTION SANCTIONS. + Section 203(b)(2) of the North Korea Sanctions and Policy +Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by striking +``2 years'' and inserting ``5 years''. +SEC. 7124. OPPOSITION TO ASSISTANCE BY THE INTERNATIONAL FINANCIAL +INSTITUTIONS. + (a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286 et +seq.) is amended by adding at the end the following: + ``SEC. 73. OPPOSITION TO ASSISTANCE FOR ANY GOVERNMENT THAT FAILS TO + IMPLEMENT SANCTIONS ON NORTH KOREA. + ``(a) In General.--The Secretary of the Treasury shall instruct the +United States Executive Director at each international financial +institution (as defined in section 1701(c) of the International +Financial Institutions Act (22 U.S.C. 262r(c))) that it is the policy +of the United States to oppose the provision by that institution of +financial assistance to a foreign government, other than assistance to +support basic human needs, if the President determines that, in the +year preceding consideration of approval of such assistance, the +government has knowingly failed to adequately enforce sanctions under +an applicable United Nations Security Council resolution (as defined in +section 3 of the North Korea Sanctions and Policy Enhancement Act of +2016 (22 U.S.C. 9202)). + ``(b) Waiver.--The President may waive subsection (a) for up to 180 +days at a time with respect to a foreign government if the President-- + ``(1) determines that-- + ``(A) the failure of the foreign government described in + subsection (a) is due exclusively to a lack of capacity on the + part of the foreign government; + ``(B) the foreign government is taking effective steps to + prevent recurrence of such failure; or + ``(C) the waiver is in the national security interests of + the United States; and + ``(2) submits to Congress a report on the reasons for the + determination under paragraph (1).''. + (b) Termination.--Effective on the date that is 10 years after the +date of the enactment of this Act, section 73 of the Bretton Woods +Agreements Act, as added by subsection (a), is repealed. +SEC. 7125. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO +PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM. + (a) In General.--Title XVI of the International Financial +Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the +end the following: +``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO +PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM. + ``The Secretary of the Treasury shall instruct the United States +Executive Director at the International Monetary Fund to use the voice +and vote of the United States to support the increased use of the +administrative budget of the Fund for technical assistance that +strengthens the capacity of members of the Fund to prevent money +laundering and the financing of terrorism.''. + (b) Termination.--Effective on the date that is 5 years after the +date of the enactment of this Act, section 1629 of the International +Financial Institutions Act, as added by subsection (a), is repealed. + (c) National Advisory Council Report to Congress.--The Chairman of +the National Advisory Council on International Monetary and Financial +Policies shall include in each report required by section 1701 of the +International Financial Institutions Act (22 U.S.C. 262r) after the +date of the enactment of this Act and before December 31, 2023, a +description of-- + (1) the activities of the International Monetary Fund in the + fiscal year covered by the report to provide technical assistance + that strengthens the capacity of members of the Fund to prevent + money laundering and the financing of terrorism, and the + effectiveness of the assistance; and + (2) the efficacy of efforts by the United States to support + such technical assistance through the use of the Fund's + administrative budget, and the level of such support. +SEC. 7126. REPORT AND BRIEFINGS ON COMPLIANCE, PENALTIES, AND TECHNICAL +ASSISTANCE. + (a) Report Required.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the Treasury shall submit to +the committees specified in subsection (d) a report that includes-- + (1) a list of financial institutions that, during the period + beginning on the date that is one year before the date of the + enactment of this Act and ending on the date of the report, + knowingly facilitated a significant transaction or transactions or + provided significant financial services for-- + (A) any North Korean person designated under an applicable + Executive order; + (B) any North Korean person that knowingly facilitates the + transfer of bulk cash or covered goods (as defined under + section 1027.100 of title 31, Code of Federal Regulations (or + any corresponding similar regulation or ruling)); + (C) any person that knowingly invests in, or participates + in a joint venture with, an entity in which the Government of + North Korea participates or an entity that is created or + organized under the laws of North Korea; + (D) any person that knowingly provides financial services, + including through a subsidiary or joint venture, in North + Korea; + (E) any person that knowingly provides specialized + teaching, training, or information or provides material or + technological support to a North Korean person that-- + (i) may contribute to North Korea's development and + proliferation of weapons of mass destruction, including + systems designed in whole or in part for the delivery of + such weapons; or + (ii) may contribute to significant activities + undermining cybersecurity; and + (2) a description of efforts by the Department of the Treasury + during the period described in paragraph (1), through outreach, + consultations, technical assistance, or other appropriate + activities, to strengthen the capacity of financial institutions + and foreign governments to prevent the provision of financial + services benefitting any person subject to sanctions under-- + (A) this Act or an amendment made by this Act; + (B) an applicable Executive order; or + (C) an applicable United Nations Security Council + resolution. + (b) Annual Briefings.--Not later than one year after the submission +of the report required by subsection (a), and annually thereafter until +the date that is 5 years after the date of the enactment of this Act, +the Secretary of the Treasury shall brief the committees specified in +subsection (d) on the matters covered by the report for the one-year +period preceding the briefing. + (c) Testimony Required.--Upon request of either of the committees +specified in subsection (d), the Under Secretary of the Treasury for +Terrorism and Financial Crimes shall testify to explain the effects of +this Act and the amendments made by this Act on North Korea's access to +illicit finance channels. + (d) Committees Specified.--The committees specified in this +subsection are-- + (1) the Committee on Financial Services of the House of + Representatives; and + (2) the Committee on Banking, Housing, and Urban Affairs of the + Senate. +SEC. 7127. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING OF PROPERTY +OF NORTH KOREAN OFFICIALS. + It is the sense of Congress that the President should-- + (1) encourage international collaboration to counter the money + laundering, terrorist financing, and proliferation financing + threats emanating from North Korea; and + (2) prioritize multilateral efforts to identify and block-- + (A) any property owned or controlled by a North Korean + official; and + (B) any significant proceeds of kleptocracy by the + Government of North Korea or a North Korean official. +SEC. 7128. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED NATIONS +SECURITY COUNCIL RESOLUTIONS BY OTHER GOVERNMENTS. + Section 317 of the Korean Interdiction and Modernization of +Sanctions Act (title III of Public Law 115-44; 131 Stat. 950) is +amended-- + (1) in subsection (a)-- + (A) in the matter preceding paragraph (1), by striking + ``Not later than 180 days after the date of the enactment of + this Act, and annually thereafter for 5 years,'' and inserting + ``Not later than 180 days after the date of the enactment of + the Otto Warmbier North Korea Nuclear Sanctions and Enforcement + Act of 2019, and annually thereafter for 5 years,''; + (B) in paragraph (3), by striking ``; or'' and inserting a + semicolon; + (C) by redesignating paragraph (4) as paragraph (8); and + (D) by inserting after paragraph (3) the following: + ``(4) prohibit, in the territories of such countries or by + persons subject to the jurisdiction of such governments, the + opening of new joint ventures or cooperative entities with North + Korean persons or the expansion of existing joint ventures through + additional investments, whether or not for or on behalf of the + Government of North Korea, unless such joint ventures or + cooperative entities have been approved by the committee of the + United Nations Security Council established by United Nations + Security Council Resolution 1718 (2006); + ``(5) prohibit the unauthorized clearing of funds by North + Korean financial institutions through financial institutions + subject to the jurisdiction of such governments; + ``(6) prohibit the unauthorized conduct of commercial trade + with North Korea that is prohibited under applicable United Nations + Security Council resolutions; + ``(7) prevent the provision of significant financial services + to North Korean persons or the transfer of such services to North + Korean persons to, through, or from the territories of such + countries or by persons subject to the jurisdiction of such + governments; or''; and + (2) by amending subsection (c) to read as follows: + ``(c) Definitions.--In this section: + ``(1) Appropriate congressional committees and leadership.--The + term `appropriate congressional committees and leadership' means-- + ``(A) the Committee on Foreign Relations, the Committee on + Banking, Housing, and Urban Affairs, and the majority and + minority leaders of the Senate; and + ``(B) the Committee on Foreign Affairs, the Committee on + Financial Services, the Committee on Ways and Means, and the + Speaker, the majority leader, and the minority leader of the + House of Representatives. + ``(2) Applicable united nations security council resolution; + north korean financial institution; north korean person.--The terms + `applicable United Nations Security Council resolution', `North + Korean financial institution', and `North Korean person' have the + meanings given those terms in section 3 of the North Korea + Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).''. +SEC. 7129. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF BENEFICIAL +OWNERSHIP RULES TO ACCESS THE INTERNATIONAL FINANCIAL SYSTEM. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of the Treasury, in consultation +with the Secretary of State, shall submit to the appropriate +congressional committees a report setting forth the findings of the +Secretary regarding how the Government of North Korea is exploiting the +laws of countries other than the United States with respect to the +beneficial owner of an entity in order to access the international +financial system. + (b) Elements.--The Secretary shall include in the report required +under subsection (a) proposals for such legislative and administrative +action as the Secretary considers appropriate to combat the abuse by +the Government of North Korea of shell companies and other similar +entities subject to the jurisdiction of governments other than the +United States Government to avoid or evade sanctions. + (c) Form.--The report required by subsection (a) shall be submitted +in unclassified form but may include a classified annex. + + PART II--CONGRESSIONAL REVIEW AND OVERSIGHT + +SEC. 7131. NOTIFICATION OF TERMINATION OR SUSPENSION OF SANCTIONS. + Before taking any action to terminate or suspend the application of +sanctions under this subtitle or an amendment made by this subtitle, +the President shall notify the appropriate congressional committees of +the President's intent to take the action and the reasons for the +action. +SEC. 7132. REPORTS ON CERTAIN LICENSING ACTIONS. + (a) Report Required.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, and every 180 days thereafter, the President + shall submit to the committees specified in paragraph (2) a report + on the operation of the system for issuing licenses for + transactions under covered regulatory provisions during the + preceding 180-day period that includes-- + (A) the number and types of such licenses applied for + during that period; and + (B) the number of such licenses issued during that period + and information identifying the person receiving each such + license. + (2) Committees specified.--The committees specified in this + paragraph are the following: + (A) The Committee on Financial Services and the Committee + on Foreign Affairs of the House of Representatives. + (B) The Committee on Banking, Housing, and Urban Affairs + and the Committee on Foreign Relations of the Senate. + (b) Submission of Copies of Licenses on Request.--The Secretary of +the Treasury shall expeditiously provide a copy of any license +identified in a report required by subsection (a)(1) to the Committee +on Financial Services of the House of Representatives and the Committee +on Banking, Housing, and Urban Affairs of the Senate if an appropriate +Member of Congress requests a copy of that license not later than 30 +days after submission of the report. + (c) Form.--Each report required by subsection (a), and each copy of +a license submitted under subsection (b), shall be submitted in +unclassified form but may include a classified annex. + (d) Definitions.--In this section: + (1) Appropriate member of congress.--The term ``appropriate + Member of Congress'' means-- + (A) the chairman or ranking member of the Committee on + Financial Services of the House of Representatives; or + (B) the chairman or ranking member of the Committee on + Banking, Housing, and Urban Affairs of the Senate. + (2) Covered regulatory provision.--The term ``covered + regulatory provision'' means any of the following provisions, as in + effect on the day before the date of the enactment of this Act and + as such provisions relate to North Korea: + (A) Part 743, 744, or 746 of title 15, Code of Federal + Regulations. + (B) Part 510 of title 31, Code of Federal Regulations. + (C) Any other provision of title 31, Code of Federal + Regulations. +SEC. 7133. REPORT AND BRIEFINGS ON FINANCIAL NETWORKS AND FINANCIAL +METHODS OF THE GOVERNMENT OF NORTH KOREA. + (a) Report Required.-- + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, the President shall submit to the + appropriate congressional committees a report on sources of + external support for the Government of North Korea that includes-- + (A) a description of the methods used by the Government of + North Korea to deal in, transact in, or conceal the ownership, + control, or origin of, goods and services exported by North + Korea; + (B) an assessment of the relationship between the + proliferation of weapons of mass destruction by the Government + of North Korea and the financial industry or financial + institutions; + (C) an assessment of the relationship between the + acquisition by the Government of North Korea of military + expertise, equipment, and technology and the financial industry + or financial institutions; + (D) a description of the export by any person to the United + States of goods, services, or technology that are made with + significant amounts of North Korean labor, material, or goods, + including minerals, manufacturing, seafood, overseas labor, or + other exports from North Korea; + (E) an assessment of the involvement of any person in human + trafficking involving citizens or nationals of North Korea; + (F) a description of how the President plans to address the + flow of funds generated by activities described in + subparagraphs (A) through (E), including through the use of + sanctions or other means; + (G) an assessment of the extent to which the Government of + North Korea engages in criminal activities, including money + laundering, to support that Government; + (H) information relating to the identification, blocking, + and release of property described in section 201B(b)(1) of the + North Korea Sanctions and Policy Enhancement Act of 2016, as + added by section 7121; + (I) a description of the metrics used to measure the + effectiveness of law enforcement and diplomatic initiatives of + Federal, State, and foreign governments to comply with the + provisions of applicable United Nations Security Council + resolutions; and + (J) an assessment of the effectiveness of programs within + the financial industry to ensure compliance with United States + sanctions, applicable United Nations Security Council + resolutions, and applicable Executive orders. + (2) Form.--The report required by paragraph (1) shall be + submitted in unclassified form but may include a classified annex. + (b) Briefings.--Not later than one year after the submission of the +report required by subsection (a), and annually thereafter until the +date that is 5 years after the date of the enactment of this Act, the +President shall brief the appropriate congressional committees on the +matters covered by the report for the one-year period preceding the +briefing. + (c) Interagency Coordination.--The President shall ensure that any +information collected pursuant to subsection (a) is shared among the +Federal departments and agencies involved in investigations described +in section 102(b) of the North Korea Sanctions and Policy Enhancement +Act of 2016 (22 U.S.C. 9212(b)). +SEC. 7134. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO +TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF CERTAIN ITEMS TO NORTH +KOREA. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and annually thereafter through 2023, the +Director of National Intelligence shall submit to the President, the +Secretary of Defense, the Secretary of Commerce, the Secretary of +State, the Secretary of the Treasury, and the appropriate congressional +committees a report that identifies all countries that the Director +determines are of concern with respect to transshipment, reexportation, +or diversion of items subject to the provisions of the Export +Administration Regulations under subchapter C of chapter VII of title +15, Code of Federal Regulations, to an entity owned or controlled by +the Government of North Korea. + (b) Form.--Each report required by subsection (a) shall be +submitted in unclassified form but may include a classified annex. -SEC. 10719. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED - DISCLOSURES OF CLASSIFIED INFORMATION. + PART III--GENERAL MATTERS - (a) In General.--Title XI of the National Security Act of 1947 (50 -U.S.C. 3231 et seq.) is amended by adding at the end the following new -section: +SEC. 7141. RULEMAKING. + The President shall prescribe such rules and regulations as may be +necessary to carry out this subtitle and amendments made by this +subtitle. +SEC. 7142. AUTHORITY TO CONSOLIDATE REPORTS. + (a) In General.--Any and all reports required to be submitted to +the appropriate congressional committees under this subtitle or an +amendment made by this subtitle that are subject to a deadline for +submission consisting of the same unit of time may be consolidated into +a single report that is submitted pursuant to that deadline. + (b) Contents.--Any reports consolidated under subsection (a) shall +contain all information required under this subtitle or an amendment +made by this subtitle and any other elements that may be required by +existing law. +SEC. 7143. WAIVERS, EXEMPTIONS, AND TERMINATION. + (a) Application and Modification of Exemptions From and Waivers of +North Korea Sanctions and Policy Enhancement Act of 2016.--Section 208 +of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 +U.S.C. 9228) is amended by inserting ``201B, 201C,'' after ``201A,'' +each place it appears. + (b) Suspension.-- + (1) In general.--Subject to section 7131, the President may + suspend the application of any provision of or amendment made by + this subtitle (other than section 7147 of this title or section + 201B(e) of the North Korea Sanctions and Policy Enhancement Act of + 2016, as added by section 7121 of this title) with respect to an + entity, individual, or transaction, for renewable periods of not + more than 180 days each if, before such a suspension or renewal of + such a suspension takes effect, the President submits to the + appropriate congressional committees-- + (A) a certification that-- + (i) the Government of North Korea has-- + + (I) committed to the verifiable suspension of North + Korea's proliferation and testing of weapons of mass + destruction, including systems designed in whole or in + part for the delivery of such weapons; and + (II) has agreed to multilateral talks including the + Government of the United States, with the goal of + permanently and verifiably limiting North Korea's + weapons of mass destruction and ballistic missile + programs; or + + (ii) the suspension is vital to the national security + interests of the United States; and + (B) if the President submits a certification under + subparagraph (A)(ii), an explanation of the reasons the + suspension is vital to the national security interests of the + United States. + (2) Conforming amendment.--Section 401(a) of the North Korea + Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9251(a)) is + amended by inserting ``(other than section 104(g), 201B, or 201C)'' + after ``such titles)''. + (c) Termination.--Subject to section 7131, any requirement to +impose sanctions under this subtitle or the amendments made by this +subtitle, and any sanctions imposed pursuant to this subtitle or any +such amendment, shall terminate on the date on which the President +makes the certification described in section 402 of the North Korea +Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9252). +SEC. 7144. PROCEDURES FOR REVIEW OF CLASSIFIED AND CERTAIN OTHER +INFORMATION. + (a) In General.--If a finding under this subtitle or an amendment +made by this subtitle, a prohibition, condition, or penalty imposed as +a result of any such finding, or a penalty imposed under this subtitle +or an amendment made by this subtitle, is based on classified +information (as defined in section 1(a) of the Classified Information +Procedures Act (18 U.S.C. App.)), law enforcement information, or any +other information protected from disclosure by statute, and a court +reviews the finding or the imposition of the prohibition, condition, or +penalty, the Secretary of the Treasury may submit such information to +the court ex parte and in camera. + (b) Rule of Construction.--Nothing in this section shall be +construed to confer or imply any right to judicial review of any +finding under this subtitle or an amendment made by this subtitle, any +prohibition, condition, or penalty imposed as a result of any such +finding, or any penalty imposed under this subtitle or an amendment +made by this subtitle. +SEC. 7145. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS. + Not later than 30 days after the date of the enactment of this Act, +the Secretary of the Treasury shall provide to the appropriate +congressional committees a briefing on-- + (1) the resources allocated by the Department of the Treasury + to support each sanctions program administered by the Department; + and + (2) recommendations for additional authorities or resources + necessary to expand the capacity or capability of the Department + related to implementation and enforcement of such programs. +SEC. 7146. BRIEFING ON PROLIFERATION FINANCING. + (a) In General.--Not later than 60 days after the date of the +enactment of this Act, the Secretary of the Treasury, in consultation +with the Secretary of State, shall provide to the appropriate +congressional committees a briefing on addressing proliferation +finance. + (b) Elements.--The briefing required by subsection (a) shall +include the following: + (1) The Department of the Treasury's description of the + principles underlying appropriate methods for combating the + financing of the proliferation of weapons of mass destruction. + (2) An assessment of-- + (A) Federal financial regulatory agency oversight, + including by the Financial Crimes Enforcement Network, of + United States financial institutions and the adoption by their + foreign subsidiaries, branches, and correspondent institutions + of the principles described under paragraph (1); and + (B) whether financial institutions in foreign jurisdictions + known by the United States intelligence and law enforcement + communities to be jurisdictions through which North Korea moves + substantial sums of licit and illicit finance are applying a + risk-based approach to proliferation financing, and if that + approach is comparable to the approach required by United + States financial institution supervisors. + (3) A survey of the technical assistance the Office of + Technical Assistance of the Department of the Treasury and other + appropriate Executive branch offices currently provide foreign + governments on implementing counter-proliferation financing best + practices. + (4) An assessment of the ability of foreign subsidiaries, + branches, and correspondent institutions of United States financial + institutions to implement a risk-based approach to proliferation + financing. +SEC. 7147. EXCEPTION RELATING TO IMPORTATION OF GOODS. + (a) In General.--The authorities and requirements to impose +sanctions authorized under this subtitle or any amendment made by this +subtitle shall not include the authority or requirement to impose +sanctions on the importation of goods. + (b) Good Defined.--In this section, the term ``good'' means any +article, natural or manmade substance, material, supply or manufactured +product, including inspection and test equipment, and excluding +technical data. -``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED - DISCLOSURES OF CLASSIFIED INFORMATION. + Subtitle B--Financial Industry Guidance to Halt Trafficking - ``(a) Definitions.--In this section: - ``(1) Covered official.--The term `covered official' - means-- - ``(A) the heads of each element of the intelligence - community; and - ``(B) the inspectors general with oversight - responsibility for an element of the intelligence - community. - ``(2) Investigation.--The term `investigation' means any - inquiry, whether formal or informal, into the existence of an - unauthorized public disclosure of classified information. - ``(3) Unauthorized disclosure of classified information.-- - The term `unauthorized disclosure of classified information' - means any unauthorized disclosure of classified information to - any recipient. - ``(4) Unauthorized public disclosure of classified - information.--The term `unauthorized public disclosure of - classified information' means the unauthorized disclosure of - classified information to a journalist or media organization. - ``(b) Intelligence Community Reporting.-- - ``(1) In general.--Not less frequently than once every 6 - months, each covered official shall submit to the congressional - intelligence committees a report on investigations of - unauthorized public disclosures of classified information. - ``(2) Elements.--Each report submitted under paragraph (1) - shall include, with respect to the preceding 6-month period, - the following: - ``(A) The number of investigations opened by the - covered official regarding an unauthorized public - disclosure of classified information. - ``(B) The number of investigations completed by the - covered official regarding an unauthorized public - disclosure of classified information. - ``(C) Of the number of such completed - investigations identified under subparagraph (B), the - number referred to the Attorney General for criminal - investigation. - ``(c) Department of Justice Reporting.-- - ``(1) In general.--Not less frequently than once every 6 - months, the Assistant Attorney General for National Security of - the Department of Justice, in consultation with the Director of - the Federal Bureau of Investigation, shall submit to the - congressional intelligence committees, the Committee on the - Judiciary of the Senate, and the Committee on the Judiciary of - the House of Representatives a report on the status of each - referral made to the Department of Justice from any element of - the intelligence community regarding an unauthorized disclosure - of classified information made during the most recent 365-day - period or any referral that has not yet been closed, regardless - of the date the referral was made. - ``(2) Contents.--Each report submitted under paragraph (1) - shall include, for each referral covered by the report, at a - minimum, the following: - ``(A) The date the referral was received. - ``(B) A statement indicating whether the alleged - unauthorized disclosure described in the referral was - substantiated by the Department of Justice. - ``(C) A statement indicating the highest level of - classification of the information that was revealed in - the unauthorized disclosure. - ``(D) A statement indicating whether an open - criminal investigation related to the referral is - active. - ``(E) A statement indicating whether any criminal - charges have been filed related to the referral. - ``(F) A statement indicating whether the Department - of Justice has been able to attribute the unauthorized - disclosure to a particular entity or individual. - ``(d) Form of Reports.--Each report submitted under this section -shall be submitted in unclassified form, but may have a classified -annex.''. - (b) Clerical Amendment.--The table of contents in the first section -of the National Security Act of 1947 is amended by inserting after the -item relating to section 1104 the following new item: +SEC. 7151. SHORT TITLE. + This subtitle may be cited as the ``Financial Industry Guidance to +Halt Trafficking Act'' or the ``FIGHT Act''. +SEC. 7152. SENSE OF CONGRESS. + It is the sense of Congress that-- + (1) the President should aggressively apply, as appropriate, + existing sanctions for human trafficking authorized under section + 111 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. + 7108); + (2) the Financial Crimes Enforcement Network of the Department + of the Treasury should continue-- + (A) to monitor reporting required under subchapter II of + chapter 53 of title 31, United States Code (commonly known as + the ``Bank Secrecy Act'') and to update advisories, as + warranted; + (B) to periodically review its advisories to provide + covered financial institutions, as appropriate, with a list of + new ``red flags'' for identifying activities of concern, + particularly human trafficking; + (C) to encourage entities covered by the advisories + described in subparagraph (B) to incorporate relevant elements + provided in the advisories into their current transaction and + account monitoring systems or in policies, procedures, and + training on human trafficking to enable financial institutions + to maintain ongoing efforts to examine transactions and + accounts; + (D) to use geographic targeting orders, as appropriate, to + impose additional reporting and recordkeeping requirements + under section 5326(a) of title 31, United States Code, to carry + out the purposes of, and prevent evasions of, the Bank Secrecy + Act; and + (E) to utilize the Bank Secrecy Act Advisory Group and + other relevant entities to identify opportunities for + nongovernmental organizations to share relevant actionable + information on human traffickers' use of the financial sector + for nefarious purposes; + (3) Federal banking regulators, the Department of the Treasury, + relevant law enforcement agencies, and the Human Smuggling and + Trafficking Center, in partnership with representatives from the + United States financial community, should adopt regular forms of + sharing information to disrupt human trafficking, including + developing protocols and procedures to share actionable information + between and among covered institutions, law enforcement, and the + United States intelligence community; + (4) training frontline bank and money service business + employees, school teachers, law enforcement officers, foreign + service officers, counselors, and the general public is an + important factor in identifying trafficking victims; + (5) the Department of Homeland Security's Blue Campaign, + training by the BEST Employers Alliance, and similar efforts by + industry, human rights, and nongovernmental organizations focused + on human trafficking provide good examples of current efforts to + educate employees of critical sectors with respect to how to save + victims and disrupt trafficking networks; + (6) the President should intensify diplomatic efforts, + bilaterally and in appropriate international fora such as the + United Nations, to develop and implement a coordinated, consistent, + multilateral strategy for addressing the international financial + networks supporting human trafficking; and + (7) in deliberations between the United States Government and + any foreign country, including through participation in the Egmont + Group of Financial Intelligence Units, regarding money laundering, + corruption, and transnational crimes, the United States Government + should-- + (A) encourage cooperation by foreign governments and + relevant international fora in identifying the extent to which + the proceeds from human trafficking are being used to + facilitate terrorist financing, corruption, or other illicit + financial crimes; + (B) encourage cooperation by foreign governments and + relevant international fora in identifying the nexus between + human trafficking and money laundering; + (C) advance policies that promote the cooperation of + foreign governments, through information sharing, training, or + other measures, in the enforcement of this subtitle; + (D) encourage other countries to assess their human + trafficking and money laundering risks in light of updated + guidance provided by the Financial Action Task Force in 2018; + and + (E) encourage the Egmont Group of Financial Intelligence + Units to study the extent to which human trafficking operations + are being used for money laundering, terrorist financing, or + other illicit financial purposes. +SEC. 7153. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE OFFICE OF +TERRORISM AND FINANCIAL INTELLIGENCE. + (a) Functions.--Section 312(a)(4) of title 31, United States Code, +is amended-- + (1) by redesignating subparagraphs (E), (F), and (G) as + subparagraphs (F), (G), and (H), respectively; and + (2) by inserting after subparagraph (D) the following: + ``(E) combating illicit financing relating to human + trafficking;''. + (b) Interagency Coordination.--Section 312(a) of such title is +amended by adding at the end the following: + ``(8) Interagency coordination.--The Secretary of the Treasury, + after consultation with the Undersecretary for Terrorism and + Financial Crimes, shall designate an office within the OTFI that + shall coordinate efforts to combat the illicit financing of human + trafficking with-- + ``(A) other offices of the Department of the Treasury; + ``(B) other Federal agencies, including-- + ``(i) the Office to Monitor and Combat Trafficking in + Persons of the Department of State; and + ``(ii) the Interagency Task Force to Monitor and Combat + Trafficking; + ``(C) State and local law enforcement agencies; and + ``(D) foreign governments.''. +SEC. 7154. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING AND OTHER +FINANCIAL TOOLS IN COMBATING HUMAN TRAFFICKING. + (a) Interagency Task Force Recommendations Targeting Money +Laundering Related to Human Trafficking.-- + (1) In general.--Not later than 270 days after the date of the + enactment of this Act, the Interagency Task Force to Monitor and + Combat Trafficking, with the concurrence of the Secretary of State + and the Secretary of the Treasury, shall submit to the Committee on + Banking, Housing, and Urban Affairs, the Committee on Foreign + Relations, and the Committee on the Judiciary of the Senate, the + Committee on Financial Services, the Committee on Foreign Affairs, + and the Committee on the Judiciary of the House of Representatives, + and each appropriate Federal banking agency-- + (A) an analysis of anti-money laundering efforts of the + United States Government, United States financial institutions, + and international financial institutions (as defined in section + 1701(c) of the International Financial Institutions Act (22 + U.S.C. 262r(c))) related to human trafficking; and + (B) appropriate legislative, administrative, and other + recommendations to strengthen efforts against money laundering + related to human trafficking. + (2) Required recommendations.--The recommendations under + paragraph (1) shall include-- + (A) best practices based on successful anti-human + trafficking programs currently in place at domestic and + international financial institutions that are suitable for + broader adoption; + (B) feedback from stakeholders, including victims of severe + forms of trafficking in persons, advocates of persons at risk + of becoming victims of severe forms of trafficking in persons, + the United States Advisory Council on Human Trafficking, civil + society organizations, and financial institutions on policy + proposals derived from the analysis conducted by the task force + referred to in paragraph (1) that would enhance the efforts and + programs of financial institutions to detect and deter money + laundering related to human trafficking, including any + recommended changes to internal policies, procedures, and + controls related to human trafficking; + (C) any recommended changes to training programs at + financial institutions to better equip employees to deter and + detect money laundering related to human trafficking; and + (D) any recommended changes to expand human trafficking- + related information sharing among financial institutions and + between such financial institutions, appropriate law + enforcement agencies, and appropriate Federal agencies. + (b) Additional Reporting Requirement.--Section 105(d)(7) of the +Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is +amended-- + (1) in the matter preceding subparagraph (A)-- + (A) by inserting ``the Committee on Financial Services,'' + after ``the Committee on Foreign Affairs''; and + (B) by inserting ``the Committee on Banking, Housing, and + Urban Affairs,'' after ``the Committee on Foreign Relations,''; + (2) in subparagraph (Q)(vii), by striking ``; and'' and + inserting a semicolon; + (3) in subparagraph (R), by striking the period at the end and + inserting ``; and''; and + (4) by adding at the end the following: + ``(S) the efforts of the United States to eliminate money + laundering related to human trafficking and the number of + investigations, arrests, indictments, and convictions in money + laundering cases with a nexus to human trafficking.''. + (c) Required Review of Procedures.--Not later than 180 days after +the date of the enactment of this Act, the Federal Financial +Institutions Examination Council, in consultation with the Secretary of +the Treasury, victims of severe forms of trafficking in persons, +advocates of persons at risk of becoming victims of severe forms of +trafficking in persons, the United States Advisory Council on +Trafficking, civil society organizations, the private sector, and +appropriate law enforcement agencies, shall-- + (1) review and enhance training and examination procedures to + improve the surveillance capabilities of anti-money laundering + programs and programs countering the financing of terrorism to + detect human trafficking-related financial transactions; + (2) review and enhance procedures for referring potential human + trafficking cases to the appropriate law enforcement agency; and + (3) determine, as appropriate, whether requirements for + financial institutions and covered financial institutions are + sufficient to detect and deter money laundering related to human + trafficking. + (d) Limitations.--Nothing in this section shall be construed to-- + (1) grant rulemaking authority to the Interagency Task Force to + Monitor and Combat Trafficking; or + (2) authorize financial institutions to deny services to or + violate the privacy of victims of trafficking, victims of severe + forms of trafficking, or individuals not responsible for promoting + severe forms of trafficking in persons. +SEC. 7155. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN TRAFFICKING. + It is the sense of Congress that-- + (1) adequate funding should be provided for critical Federal + efforts to combat human trafficking; + (2) the Department of the Treasury should have the appropriate + resources to vigorously investigate human trafficking networks + under section 111 of the Trafficking Victims Protection Act of 2000 + (22 U.S.C. 7108) and other relevant statutes and Executive orders; + (3) the Department of the Treasury and the Department of + Justice should each have the capacity and appropriate resources to + support technical assistance to develop foreign partners' ability + to combat human trafficking through strong national anti-money + laundering programs and programs countering the financing of + terrorism; + (4) each United States Attorney's Office should be provided + appropriate funding to increase the number of personnel for + community education and outreach and investigative support and + forensic analysis related to human trafficking; and + (5) the Department of State should be provided additional + resources, as necessary, to carry out the Survivors of Human + Trafficking Empowerment Act (section 115 of Public Law 114-22; 129 + Stat. 243). + + TITLE LXXII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT + SYNTHETIC OPIOIDS -``Sec. 1105. Semiannual reports on investigations of unauthorized - disclosures of classified information.''. +Sec. 7201. Short title. +Sec. 7202. Sense of Congress. +Sec. 7203. Definitions. -SEC. 10720. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF COVERED - INTELLIGENCE OFFICER AS PERSONA NON GRATA. + Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers - (a) Covered Intelligence Officer Defined.--In this section, the -term ``covered intelligence officer'' means-- - (1) a United States intelligence officer serving in a post - in a foreign country; or - (2) a known or suspected foreign intelligence officer - serving in a United States post. - (b) Requirement for Reports.--Not later than 72 hours after a -covered intelligence officer is designated as a persona non grata, the -Director of National Intelligence, in consultation with the Secretary -of State, shall submit to the congressional intelligence committees, -the Committee on Foreign Relations of the Senate, and the Committee on -Foreign Affairs of the House of Representatives a notification of that -designation. Each such notification shall include-- - (1) the date of the designation; - (2) the basis for the designation; and - (3) a justification for the expulsion. +Sec. 7211. Identification of foreign opioid traffickers. +Sec. 7212. Imposition of sanctions. +Sec. 7213. Description of sanctions. +Sec. 7214. Waivers. +Sec. 7215. Procedures for judicial review of classified information. +Sec. 7216. Briefings on implementation. +Sec. 7217. Inclusion of additional material in International Narcotics + Control Strategy Report. -SEC. 10721. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN - VULNERABILITIES EQUITIES PROCESS OF FEDERAL GOVERNMENT. + Subtitle B--Commission on Combating Synthetic Opioid Trafficking - (a) Definitions.--In this section: - (1) Vulnerabilities equities policy and process document.-- - The term ``Vulnerabilities Equities Policy and Process - document'' means the executive branch document entitled - ``Vulnerabilities Equities Policy and Process'' dated November - 15, 2017. - (2) Vulnerabilities equities process.--The term - ``Vulnerabilities Equities Process'' means the interagency - review of vulnerabilities, pursuant to the Vulnerabilities - Equities Policy and Process document or any successor document. - (3) Vulnerability.--The term ``vulnerability'' means a - weakness in an information system or its components (for - example, system security procedures, hardware design, and - internal controls) that could be exploited or could affect - confidentiality, integrity, or availability of information. - (b) Reports on Process and Criteria Under Vulnerabilities Equities -Policy and Process.-- - (1) In general.--Not later than 90 days after the date of - the enactment of this Act, the Director of National - Intelligence shall submit to the congressional intelligence - committees a written report describing-- - (A) with respect to each element of the - intelligence community-- - (i) the title of the official or officials - responsible for determining whether, pursuant - to criteria contained in the Vulnerabilities - Equities Policy and Process document or any - successor document, a vulnerability must be - submitted for review under the Vulnerabilities - Equities Process; and - (ii) the process used by such element to - make such determination; and - (B) the roles or responsibilities of that element - during a review of a vulnerability submitted to the - Vulnerabilities Equities Process. - (2) Changes to process or criteria.--Not later than 30 days - after any significant change is made to the process and - criteria used by any element of the intelligence community for - determining whether to submit a vulnerability for review under - the Vulnerabilities Equities Process, such element shall submit - to the congressional intelligence committees a report - describing such change. - (3) Form of reports.--Each report submitted under this - subsection shall be submitted in unclassified form, but may - include a classified annex. - (c) Annual Reports.-- - (1) In general.--Not less frequently than once each - calendar year, the Director of National Intelligence shall - submit to the congressional intelligence committees a - classified report containing, with respect to the previous - year-- - (A) the number of vulnerabilities submitted for - review under the Vulnerabilities Equities Process; - (B) the number of vulnerabilities described in - subparagraph (A) disclosed to each vendor responsible - for correcting the vulnerability, or to the public, - pursuant to the Vulnerabilities Equities Process; and - (C) the aggregate number, by category, of the - vulnerabilities excluded from review under the - Vulnerabilities Equities Process, as described in - paragraph 5.4 of the Vulnerabilities Equities Policy - and Process document. - (2) Unclassified information.--Each report submitted under - paragraph (1) shall include an unclassified appendix that - contains-- - (A) the aggregate number of vulnerabilities - disclosed to vendors or the public pursuant to the - Vulnerabilities Equities Process; and - (B) the aggregate number of vulnerabilities - disclosed to vendors or the public pursuant to the - Vulnerabilities Equities Process known to have been - patched. - (3) Non-duplication.--The Director of National Intelligence - may forgo submission of an annual report required under this - subsection for a calendar year, if the Director notifies the - intelligence committees in writing that, with respect to the - same calendar year, an annual report required by paragraph 4.3 - of the Vulnerabilities Equities Policy and Process document - already has been submitted to Congress, and such annual report - contains the information that would otherwise be required to be - included in an annual report under this subsection. - -SEC. 10722. INSPECTORS GENERAL REPORTS ON CLASSIFICATION. - - (a) Reports Required.--Not later than October 1, 2019, each -Inspector General listed in subsection (b) shall submit to the -congressional intelligence committees a report that includes, with -respect to the department or agency of the Inspector General, analyses -of the following: - (1) The accuracy of the application of classification and - handling markers on a representative sample of finished - reports, including such reports that are compartmented. - (2) Compliance with declassification procedures. - (3) The effectiveness of processes for identifying topics - of public or historical importance that merit prioritization - for a declassification review. - (b) Inspectors General Listed.--The Inspectors General listed in -this subsection are as follows: - (1) The Inspector General of the Intelligence Community. - (2) The Inspector General of the Central Intelligence - Agency. - (3) The Inspector General of the National Security Agency. - (4) The Inspector General of the Defense Intelligence - Agency. - (5) The Inspector General of the National Reconnaissance - Office. - (6) The Inspector General of the National Geospatial- - Intelligence Agency. - -SEC. 10723. REPORTS ON GLOBAL WATER INSECURITY AND NATIONAL SECURITY - IMPLICATIONS AND BRIEFING ON EMERGING INFECTIOUS DISEASE - AND PANDEMICS. - - (a) Reports on Global Water Insecurity and National Security -Implications.-- - (1) Reports required.--Not later than 180 days after the - date of the enactment of this Act and not less frequently than - once every 5 years thereafter, the Director of National - Intelligence shall submit to the congressional intelligence - committees a report on the implications of water insecurity on - the national security interest of the United States, including - consideration of social, economic, agricultural, and - environmental factors. - (2) Assessment scope and focus.--Each report submitted - under paragraph (1) shall include an assessment of water - insecurity described in such subsection with a global scope, - but focus on areas of the world-- - (A) of strategic, economic, or humanitarian - interest to the United States-- - (i) that are, as of the date of the report, - at the greatest risk of instability, conflict, - human insecurity, or mass displacement; or - (ii) where challenges relating to water - insecurity are likely to emerge and become - significant during the 5-year or the 20-year - period beginning on the date of the report; and - (B) where challenges relating to water insecurity - are likely to imperil the national security interests - of the United States or allies of the United States. - (3) Consultation.--In researching a report required by - paragraph (1), the Director shall consult with-- - (A) such stakeholders within the intelligence - community, the Department of Defense, and the - Department of State as the Director considers - appropriate; and - (B) such additional Federal agencies and persons in - the private sector as the Director considers - appropriate. - (4) Form.--Each report submitted under paragraph (1) shall - be submitted in unclassified form, but may include a classified - annex. - (b) Briefing on Emerging Infectious Disease and Pandemics.-- - (1) Appropriate congressional committees defined.--In this - subsection, the term ``appropriate congressional committees'' - means-- - (A) the congressional intelligence committees; - (B) the Committee on Foreign Affairs, the Committee - on Armed Services, and the Committee on Appropriations - of the House of Representatives; and - (C) the Committee on Foreign Relations, the - Committee on Armed Services, and the Committee on - Appropriations of the Senate. - (2) Briefing.--Not later than 120 days after the date of - the enactment of this Act, the Director of National - Intelligence shall provide to the appropriate congressional - committees a briefing on the anticipated geopolitical effects - of emerging infectious disease (including deliberate, - accidental, and naturally occurring infectious disease threats) - and pandemics, and their implications on the national security - of the United States. - (3) Content.--The briefing under paragraph (2) shall - include an assessment of-- - (A) the economic, social, political, and security - risks, costs, and impacts of emerging infectious - diseases on the United States and the international - political and economic system; - (B) the economic, social, political, and security - risks, costs, and impacts of a major transnational - pandemic on the United States and the international - political and economic system; and - (C) contributing trends and factors to the matters - assessed under subparagraphs (A) and (B). - (4) Examination of response capacity.--In examining the - risks, costs, and impacts of emerging infectious disease and a - possible transnational pandemic under paragraph (3), the - Director of National Intelligence shall also examine in the - briefing under paragraph (2) the response capacity within - affected countries and the international system. In considering - response capacity, the Director shall include-- - (A) the ability of affected nations to effectively - detect and manage emerging infectious diseases and a - possible transnational pandemic; - (B) the role and capacity of international - organizations and nongovernmental organizations to - respond to emerging infectious disease and a possible - pandemic, and their ability to coordinate with affected - and donor nations; and - (C) the effectiveness of current international - frameworks, agreements, and health systems to respond - to emerging infectious diseases and a possible - transnational pandemic. - (5) Form.--The briefing under paragraph (2) may be - classified. - -SEC. 10724. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING BETWEEN - ELEMENTS OF INTELLIGENCE COMMUNITY AND OTHER ENTITIES OF - THE UNITED STATES GOVERNMENT REGARDING SIGNIFICANT - OPERATIONAL ACTIVITIES OR POLICY. +Sec. 7221. Commission on combating synthetic opioid trafficking. - Section 311 of the Intelligence Authorization Act for Fiscal Year -2017 (50 U.S.C. 3313) is amended-- - (1) by redesignating subsection (b) as subsection (c); and - (2) by striking subsection (a) and inserting the following: - ``(a) In General.--Each year, concurrent with the annual budget -request submitted by the President to Congress under section 1105 of -title 31, United States Code, each head of an element of the -intelligence community shall submit to the congressional intelligence -committees a report that lists each memorandum of understanding or -other agreement regarding significant operational activities or policy -entered into during the most recently completed fiscal year between or -among such element and any other entity of the United States -Government. - ``(b) Provision of Documents.--Each head of an element of an -intelligence community who receives a request from the Select Committee -on Intelligence of the Senate or the Permanent Select Committee on -Intelligence of the House of Representatives for a copy of a memorandum -of understanding or other document listed in a report submitted by the -head under subsection (a) shall submit to such committee the requested -copy as soon as practicable after receiving such request.''. + Subtitle C--Other Matters -SEC. 10725. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED - WIRELINE AND WIRELESS TELEPHONE CALLS. +Sec. 7231. Director of National Intelligence program on use of + intelligence resources in efforts to sanction foreign opioid + traffickers. +Sec. 7232. Authorization of appropriations. +Sec. 7233. Regulatory authority. +Sec. 7234. Termination. +Sec. 7235. Exception relating to importation of goods. +SEC. 7201. SHORT TITLE. + This title may be cited as the ``Fentanyl Sanctions Act''. +SEC. 7202. SENSE OF CONGRESS. + It is the sense of Congress that-- + (1) the United States should apply economic and other financial + sanctions to foreign traffickers of illicit opioids to protect the + national security, foreign policy, and economy of the United States + and the health of the people of the United States; + (2) it is imperative that the People's Republic of China follow + through on full implementation of the new regulations, adopted May + 1, 2019, to treat all fentanyl analogues as controlled substances + under the laws of the People's Republic of China, including by + devoting sufficient resources for implementation and strict + enforcement of the new regulations; and + (3) the effective enforcement of the new regulations should + result in diminished trafficking of illicit fentanyl originating + from the People's Republic of China into the United States. +SEC. 7203. DEFINITIONS. + In this title: + (1) Alien; national; national of the united states.--The terms + ``alien'', ``national'', and ``national of the United States'' have + the meanings given those terms in section 101 of the Immigration + and Nationality Act (8 U.S.C. 1101). + (2) Appropriate congressional committees and leadership.--The + term ``appropriate congressional committees and leadership'' + means-- + (A) the Committee on Appropriations, the Committee on Armed + Services, the Committee on Banking, Housing, and Urban Affairs, + the Committee on Foreign Relations, the Committee on Homeland + Security and Governmental Affairs, the Committee on the + Judiciary, the Select Committee on Intelligence, and the + majority leader and the minority leader of the Senate; and + (B) the Committee on Appropriations, the Committee on Armed + Services, the Committee on Financial Services, the Committee on + Foreign Affairs, the Committee on Homeland Security, the + Committee on the Judiciary, the Committee on Oversight and + Reform, the Permanent Select Committee on Intelligence, and the + Speaker and the minority leader of the House of + Representatives. + (3) Controlled substance; listed chemical.--The terms + ``controlled substance'', ``listed chemical'', ``narcotic drug'', + and ``opioid'' have the meanings given those terms in section 102 + of the Controlled Substances Act (21 U.S.C. 802). + (4) Entity.--The term ``entity'' means a partnership, joint + venture, association, corporation, organization, network, group, or + subgroup, or any form of business collaboration. + (5) Foreign opioid trafficker.--The term ``foreign opioid + trafficker'' means any foreign person that the President determines + plays a significant role in opioid trafficking. + (6) Foreign person.--The term ``foreign person''-- + (A) means-- + (i) any citizen or national of a foreign country; or + (ii) any entity not organized under the laws of the + United States or a jurisdiction within the United States; + and + (B) does not include the government of a foreign country. + (7) Knowingly.--The term ``knowingly'', with respect to + conduct, a circumstance, or a result, means that a person has + actual knowledge, or should have known, of the conduct, the + circumstance, or the result. + (8) Opioid trafficking.--The term ``opioid trafficking'' means + any illicit activity-- + (A) to produce, manufacture, distribute, sell, or knowingly + finance or transport-- + (i) synthetic opioids, including controlled substances + that are synthetic opioids and listed chemicals that are + synthetic opioids; or + (ii) active pharmaceutical ingredients or chemicals + that are used in the production of controlled substances + that are synthetic opioids; + (B) to attempt to carry out an activity described in + subparagraph (A); or + (C) to assist, abet, conspire, or collude with other + persons to carry out such an activity. + (9) Person.--The term ``person'' means an individual or entity. + (10) United states person.--The term ``United States person'' + means-- + (A) any citizen or national of the United States; + (B) any alien lawfully admitted for permanent residence in + the United States; + (C) any entity organized under the laws of the United + States or any jurisdiction within the United States (including + a foreign branch of such an entity); or + (D) any person located in the United States. - (a) Study Required.--Not later than 180 days after the date of the -enactment of this Act, the Director of National Intelligence shall -complete a study on the feasibility of encrypting unclassified wireline -and wireless telephone calls between personnel in the intelligence -community. - (b) Report.--Not later than 90 days after the date on which the -Director completes the study required by subsection (a), the Director -shall submit to the congressional intelligence committees a report on -the Director's findings with respect to such study. - -SEC. 10726. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORT ON HIRING AND - RETENTION OF MINORITY EMPLOYEES. - - (a) Expansion of Period of Report.--Subsection (a) of section 114 -of the National Security Act of 1947 (50 U.S.C. 3050) is amended by -inserting ``and the preceding 5 fiscal years'' after ``fiscal year''. - (b) Clarification on Disaggregation of Data.--Subsection (b) of -such section is amended, in the matter before paragraph (1), by -striking ``disaggregated data by category of covered person from each -element of the intelligence community'' and inserting ``data, -disaggregated by category of covered person and by element of the -intelligence community,''. - -SEC. 10727. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND - RELATED PROGRAMS. + Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers - (a) Sense of Congress.--It is the sense of Congress that-- - (1) there should be established, through the issuing of an - Intelligence Community Directive or otherwise, an intelligence - community-wide program for student loan repayment, student loan - forgiveness, financial counseling, and related matters, for - employees of the intelligence community; - (2) creating such a program would enhance the ability of - the elements of the intelligence community to recruit, hire, - and retain highly qualified personnel, including with respect - to mission-critical and hard-to-fill positions; - (3) such a program, including with respect to eligibility - requirements, should be designed so as to maximize the ability - of the elements of the intelligence community to recruit, hire, - and retain highly qualified personnel, including with respect - to mission-critical and hard-to-fill positions; and - (4) to the extent possible, such a program should be - uniform throughout the intelligence community and publicly - promoted by each element of the intelligence community to both - current employees of the element as well as to prospective - employees of the element. - (b) Report on Potential Intelligence Community-wide Program.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, the Director of National - Intelligence, in cooperation with the heads of the elements of - the intelligence community and the heads of any other - appropriate department or agency of the Federal Government, - shall submit to the congressional intelligence committees a - report on potentially establishing and carrying out an - intelligence community-wide program for student loan repayment, - student loan forgiveness, financial counseling, and related - matters, as described in subsection (a). - (2) Matters included.--The report under paragraph (1) shall - include, at a minimum, the following: - (A) A description of the financial resources that - the elements of the intelligence community would - require to establish and initially carry out the - program specified in paragraph (1). - (B) A description of the practical steps to - establish and carry out such a program. - (C) The identification of any legislative action - the Director determines necessary to establish and - carry out such a program. - (c) Annual Reports on Established Programs.-- - (1) Covered programs defined.--In this subsection, the term - ``covered programs'' means any loan repayment program, loan - forgiveness program, financial counseling program, or similar - program, established pursuant to title X of the National - Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other - provision of law that may be administered or used by an element - of the intelligence community. - (2) Annual reports required.--Not less frequently than once - each year, the Director of National Intelligence shall submit - to the congressional intelligence committees a report on the - covered programs. Each such report shall include, with respect - to the period covered by the report, the following: - (A) The number of personnel from each element of - the intelligence community who used each covered - program. - (B) The total amount of funds each element expended - for each such program. - (C) A description of the efforts made by each - element to promote each covered program pursuant to - both the personnel of the element of the intelligence - community and to prospective personnel. - -SEC. 10728. REPEAL OF CERTAIN REPORTING REQUIREMENTS. - - (a) Correcting Long-standing Material Weaknesses.--Section 368 of -the Intelligence Authorization Act for Fiscal Year 2010 (Public Law -110-259; 50 U.S.C. 3051 note) is hereby repealed. - (b) Interagency Threat Assessment and Coordination Group.--Section -210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended-- - (1) by striking subsection (c); and - (2) by redesignating subsections (d) through (i) as - subsections (c) through (h), respectively; and - (3) in subsection (c), as so redesignated-- - (A) in paragraph (8), by striking ``; and'' and - inserting a period; and - (B) by striking paragraph (9). - (c) Inspector General Report.--Section 8H of the Inspector General -Act of 1978 (5 U.S.C. App.) is amended-- - (1) by striking subsection (g); and - (2) by redesignating subsections (h) and (i) as subsections - (g) and (h), respectively. +SEC. 7211. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS. + (a) Public Report.-- + (1) In general.--The President shall submit to the appropriate + congressional committees and leadership, in accordance with + subsection (c), a report-- + (A) identifying the foreign persons that the President + determines are foreign opioid traffickers; + (B) detailing progress the President has made in + implementing this subtitle; and + (C) providing an update on cooperative efforts with the + governments of Mexico, the People's Republic of China, and + other countries of concern with respect to combating foreign + opioid traffickers. + (2) Identification of additional persons.--If, at any time + after submitting a report required by paragraph (1) and before the + submission of the next such report, the President determines that a + foreign person not identified in the report is a foreign opioid + trafficker, the President shall submit to the appropriate + congressional committees and leadership an additional report + containing the information required by paragraph (1) with respect + to the foreign person. + (3) Exclusion.--The President shall not be required to include + in a report under paragraph (1) or (2) any persons with respect to + which the United States has imposed sanctions before the date of + the report under this subtitle or any other provision of law with + respect to opioid trafficking. + (4) Form of report.-- + (A) In general.--Each report required by paragraph (1) or + (2) shall be submitted in unclassified form but may include a + classified annex. + (B) Availability to public.--The unclassified portion of a + report required by paragraph (1) or (2) shall be made available + to the public. + (b) Classified Report.-- + (1) In general.--The President shall submit to the appropriate + congressional committees and leadership, in accordance with + subsection (c), a report, in classified form-- + (A) describing in detail the status of sanctions imposed + under this subtitle, including the personnel and resources + directed toward the imposition of such sanctions during the + preceding fiscal year; + (B) providing background information with respect to + persons newly identified as foreign opioid traffickers and + their illicit activities; + (C) describing actions the President intends to undertake + or has undertaken to implement this subtitle; and + (D) providing a strategy for identifying additional foreign + opioid traffickers. + (2) Effect on other reporting requirements.--The report + required by paragraph (1) is in addition to, and in no way delimits + or restricts, the obligations of the President to keep Congress + fully and currently informed pursuant to the provisions of the + National Security Act of 1947 (50 U.S.C. 3001 et seq.). + (c) Submission of Reports.--Not later than 180 days after the date +of the enactment of this Act, and annually thereafter until the date +that is 5 years after such date of enactment, the President shall +submit the reports required by subsections (a) and (b) to the +appropriate congressional committees and leadership. + (d) Exclusion of Certain Information.-- + (1) Intelligence.--Notwithstanding any other provision of this + section, a report required by subsection (a) or (b) shall not + disclose the identity of any person if the Director of National + Intelligence determines that such disclosure could compromise an + intelligence operation, activity, source, or method of the United + States. + (2) Law enforcement.--Notwithstanding any other provision of + this section, a report required by subsection (a) or (b) shall not + disclose the identity of any person if the Attorney General, in + coordination, as appropriate, with the Director of the Federal + Bureau of Investigation, the Administrator of the Drug Enforcement + Administration, the Secretary of the Treasury, the Secretary of + State, and the head of any other appropriate Federal law + enforcement agency, determines that such disclosure could + reasonably be expected-- + (A) to compromise the identity of a confidential source, + including a State, local, or foreign agency or authority or any + private institution that furnished information on a + confidential basis; + (B) to jeopardize the integrity or success of an ongoing + criminal investigation or prosecution; + (C) to endanger the life or physical safety of any person; + or + (D) to cause substantial harm to physical property. + (3) Notification required.--If the Director of National + Intelligence makes a determination under paragraph (1) or the + Attorney General makes a determination under paragraph (2), the + Director or the Attorney General, as the case may be, shall notify + the appropriate congressional committees and leadership of the + determination and the reasons for the determination. + (4) Rule of construction.--Nothing in this section may be + construed to authorize or compel the disclosure of information + determined by the President to be law enforcement information, + classified information, national security information, or other + information the disclosure of which is prohibited by any other + provision of law. + (e) Provision of Information Required for Reports.--The Secretary +of the Treasury, the Attorney General, the Secretary of Defense, the +Secretary of State, the Secretary of Homeland Security, and the +Director of National Intelligence shall consult among themselves and +provide to the President and the Director of the Office of National +Drug Control Policy the appropriate and necessary information to enable +the President to submit the reports required by subsection (a). +SEC. 7212. IMPOSITION OF SANCTIONS. + The President shall impose five or more of the sanctions described +in section 7213 with respect to each foreign person that is an entity, +and four or more of such sanctions with respect to each foreign person +that is an individual, that-- + (1) is identified as a foreign opioid trafficker in a report + submitted under section 7211(a); or + (2) the President determines is owned, controlled, directed by, + knowingly supplying or sourcing precursors for, or knowingly acting + for or on behalf of, such a foreign opioid trafficker. +SEC. 7213. DESCRIPTION OF SANCTIONS. + (a) In General.--The sanctions that may be imposed with respect to +a foreign person under section 7212 are the following: + (1) Loans from united states financial institutions.--The + United States Government may prohibit any United States financial + institution from making loans or providing credits to the foreign + person. + (2) Prohibitions on financial institutions.--The following + prohibitions may be imposed with respect to a foreign person that + is a financial institution: + (A) Prohibition on designation as primary dealer.--Neither + the Board of Governors of the Federal Reserve System nor the + Federal Reserve Bank of New York may designate, or permit the + continuation of any prior designation of, the financial + institution as a primary dealer in United States Government + debt instruments. + (B) Prohibition on service as a repository of government + funds.--The financial institution may not serve as agent of the + United States Government or serve as repository for United + States Government funds. + The imposition of either sanction under subparagraph (A) or (B) + shall be treated as one sanction for purposes of section 7212, and + the imposition of both such sanctions shall be treated as 2 + sanctions for purposes of that section. + (3) Procurement ban.--The United States Government may not + procure, or enter into any contract for the procurement of, any + goods or services from the foreign person. + (4) Foreign exchange.--The President may, pursuant to such + regulations as the President may prescribe, prohibit any + transactions in foreign exchange that are subject to the + jurisdiction of the United States and in which the foreign person + has any interest. + (5) Banking transactions.--The President may, pursuant to such + regulations as the President may prescribe, prohibit any transfers + of credit or payments between financial institutions or by, + through, or to any financial institution, to the extent that such + transfers or payments are subject to the jurisdiction of the United + States and involve any interest of the foreign person. + (6) Property transactions.--The President may, pursuant to such + regulations as the President may prescribe, prohibit any person + from-- + (A) acquiring, holding, withholding, using, transferring, + withdrawing, or transporting any property that is subject to + the jurisdiction of the United States and with respect to which + the foreign person has any interest; + (B) dealing in or exercising any right, power, or privilege + with respect to such property; or + (C) conducting any transaction involving such property. + (7) Ban on investment in equity or debt of sanctioned person.-- + The President may, pursuant to such regulations or guidelines as + the President may prescribe, prohibit any United States person from + investing in or purchasing significant amounts of equity or debt + instruments of the foreign person. + (8) Exclusion of corporate officers.--The President may direct + the Secretary of State to deny a visa to, and the Secretary of + Homeland Security to exclude from the United States, any alien that + the President determines is a corporate officer or principal of, or + a shareholder with a controlling interest in, the foreign person. + (9) Sanctions on principal executive officers.--The President + may impose on the principal executive officer or officers of the + foreign person, or on individuals performing similar functions and + with similar authorities as such officer or officers, any of the + sanctions described in paragraphs (1) through (8) that are + applicable. + (b) Penalties.--A person that violates, attempts to violate, +conspires to violate, or causes a violation of any regulation, license, +or order issued to carry out subsection (a) shall be subject to the +penalties set forth in subsections (b) and (c) of section 206 of the +International Emergency Economic Powers Act (50 U.S.C. 1705) to the +same extent as a person that commits an unlawful act described in +subsection (a) of that section. + (c) Exceptions.-- + (1) Intelligence and law enforcement activities.--Sanctions + under this section shall not apply with respect to-- + (A) any activity subject to the reporting requirements + under title V of the National Security Act of 1947 (50 U.S.C. + 3091 et seq.); or + (B) any authorized intelligence or law enforcement + activities of the United States. + (2) Exception to comply with united nations headquarters + agreement.--Sanctions under subsection (a)(8) shall not apply to an + alien if admitting the alien into the United States is necessary to + permit the United States to comply with the Agreement regarding the + Headquarters of the United Nations, signed at Lake Success June 26, + 1947, and entered into force November 21, 1947, between the United + Nations and the United States, the Convention on Consular + Relations, done at Vienna April 24, 1963, and entered into force + March 19, 1967, or other applicable international obligations. + (d) Implementation.--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. +SEC. 7214. WAIVERS. + (a) Waiver for State-owned Entities in Countries That Cooperate in +Multilateral Anti-trafficking Efforts.-- + (1) In general.--The President may waive for a period of not + more than 12 months the application of sanctions under this + subtitle with respect to an entity that is owned or controlled, + directly or indirectly, by a foreign government or any political + subdivision, agency, or instrumentality of a foreign government, + if, not less than 15 days before the waiver is to take effect, the + President certifies to the appropriate congressional committees and + leadership that the foreign government is closely cooperating with + the United States in efforts to prevent opioid trafficking. + (2) Certification.--The President may certify under paragraph + (1) that a foreign government is closely cooperating with the + United States in efforts to prevent opioid trafficking if that + government is-- + (A) implementing domestic laws to schedule all fentanyl + analogues as controlled substances; and + (B) doing two or more of the following: + (i) Implementing substantial improvements in + regulations involving the chemical and pharmaceutical + production and export of illicit opioids. + (ii) Implementing substantial improvements in judicial + regulations to combat transnational criminal organizations + that traffic opioids. + (iii) Increasing efforts to prosecute foreign opioid + traffickers. + (iv) Increasing intelligence sharing and law + enforcement cooperation with the United States with respect + to opioid trafficking. + (3) Subsequent renewal of waiver.--The President may renew a + waiver under paragraph (1) for subsequent periods of not more than + 12 months each if, not less than 15 days before the renewal is to + take effect, the Secretary of State certifies to the appropriate + congressional committees and leadership that the government of the + country to which the waiver applies has effectively implemented and + is effectively enforcing the measures that formed the basis for the + certification under paragraph (2). + (b) Waivers for National Security and Access to Prescription +Medications.-- + (1) In general.--The President may waive the application of + sanctions under this subtitle if the President determines that the + application of such sanctions would harm-- + (A) the national security interests of the United States; + or + (B) subject to paragraph (2), the access of United States + persons to prescription medications. + (2) Monitoring.--The President shall establish a monitoring + program to verify that a person that receives a waiver under + paragraph (1)(B) is not trafficking illicit opioids. + (3) Notification.--Not later than 15 days after making a + determination under paragraph (1), the President shall notify the + appropriate congressional committees and leadership of the + determination and the reasons for the determination. + (c) Humanitarian Waiver.--The President may waive, for renewable +periods of 180 days, the application of the sanctions under this +subtitle if the President certifies to the appropriate congressional +committees and leadership that the waiver is necessary for the +provision of humanitarian assistance. +SEC. 7215. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION. + (a) In General.--If a finding under this subtitle, or a +prohibition, condition, or penalty imposed as a result of any such +finding, is based on classified information (as defined in section 1(a) +of the Classified Information Procedures Act (18 U.S.C. App.)) and a +court reviews the finding or the imposition of the prohibition, +condition, or penalty, the President may submit such information to the +court ex parte and in camera. + (b) Rule of Construction.--Nothing in this section shall be +construed-- + (1) to confer or imply any right to judicial review of any + finding under this subtitle, or any prohibition, condition, or + penalty imposed as a result of any such finding; or + (2) to limit or restrict any other practice, procedure, right, + remedy, or safeguard that-- + (A) relates to the protection of classified information; + and + (B) is available to the United States in connection with + any type of administrative hearing, litigation, or other + proceeding. +SEC. 7216. BRIEFINGS ON IMPLEMENTATION. + Not later than 90 days after the date of the enactment of this Act, +and every 180 days thereafter until the date that is 5 years after such +date of enactment, the President, acting through the Secretary of State +and the Director of National Intelligence, in coordination with the +Secretary of the Treasury, shall provide to the appropriate +congressional committees and leadership a comprehensive briefing on +efforts to implement this subtitle. +SEC. 7217. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL NARCOTICS +CONTROL STRATEGY REPORT. + (a) Sense of Congress.--It is the sense of Congress that, in order +to apply economic and other financial sanctions to foreign traffickers +of illicit opioids to protect the national security, foreign policy, +and economy of the United States-- + (1) the President should instruct the Secretary of State to + intensify diplomatic efforts, both in appropriate international + fora such as the United Nations, the Group of Seven, the Group of + Twenty, and trilaterally and bilaterally with partners of the + United States, to combat foreign opioid trafficking, including by + working to establish a multilateral sanctions regime with respect + to foreign opioid trafficking; and + (2) the Secretary of State, in consultation with the Secretary + of the Treasury, should intensify efforts to maintain and + strengthen the coalition of countries formed to combat foreign + opioid trafficking. + (b) Amendment to Foreign Assistance Act of 1961.--Section 489(a) of +the Foreign Assistance Act of 1961 (22 U.S.C. 2291(a)) is amended by +adding at the end the following: + ``(9)(A) An assessment conducted by the Secretary of State, in + consultation with the Secretary of the Treasury and the Director of + National Intelligence, of the extent to which any diplomatic + efforts described in section 7217(a) of the Fentanyl Sanctions Act + have been successful. + ``(B) Each assessment required by subparagraph (A) shall + include an identification of-- + ``(i) the countries the governments of which have agreed to + undertake measures to apply economic or other financial + sanctions to foreign traffickers of illicit opioids and a + description of those measures; and + ``(ii) the countries the governments of which have not + agreed to measures described in clause (i), and, with respect + to those countries, other measures the Secretary of State + recommends that the United States take to apply economic and + other financial sanctions to foreign traffickers of illicit + opioids.''. -SEC. 10729. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON - SENIOR EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF - NATIONAL INTELLIGENCE. + Subtitle B--Commission on Combating Synthetic Opioid Trafficking - (a) Senior Executive Service Position Defined.--In this section, -the term ``Senior Executive Service position'' has the meaning given -that term in section 3132(a)(2) of title 5, United States Code, and -includes any position above the GS-15, step 10, level of the General -Schedule under section 5332 of such title. - (b) Report.--Not later than 90 days after the date of the enactment -of this Act, the Inspector General of the Intelligence Community shall -submit to the congressional intelligence committees a report on the -number of Senior Executive Service positions in the Office of the -Director of National Intelligence. - (c) Matters Included.--The report under subsection (b) shall -include the following: - (1) The number of required Senior Executive Service - positions for the Office of the Director of National - Intelligence. - (2) Whether such requirements are reasonably based on the - mission of the Office. - (3) A discussion of how the number of the Senior Executive - Service positions in the Office compare to the number of senior - positions at comparable organizations. - (d) Cooperation.--The Director of National Intelligence shall -provide to the Inspector General of the Intelligence Community any -information requested by the Inspector General of the Intelligence -Community that is necessary to carry out this section by not later than -14 calendar days after the date on which the Inspector General of the -Intelligence Community makes such request. +SEC. 7221. COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING. + (a) Establishment.-- + (1) In general.--There is established a commission to develop a + consensus on a strategic approach to combating the flow of + synthetic opioids into the United States. + (2) Designation.--The commission established under paragraph + (1) shall be known as the ``Commission on Combating Synthetic + Opioid Trafficking'' (in this section referred to as the + ``Commission''). + (b) Membership.-- + (1) Composition.-- + (A) In general.--Subject to subparagraph (B), the + Commission shall be composed of the following members: + (i) The Director of the Office of National Drug Control + Policy. + (ii) The Administrator of the Drug Enforcement + Administration. + (iii) The Secretary of Homeland Security. + (iv) The Secretary of Defense. + (v) The Secretary of the Treasury. + (vi) The Secretary of State. + (vii) The Director of National Intelligence. + (viii) Two members appointed by the majority leader of + the Senate, one of whom shall be a Member of the Senate and + one of whom shall not be. + (ix) Two members appointed by the minority leader of + the Senate, one of whom shall be a Member of the Senate and + one of whom shall not be. + (x) Two members appointed by the Speaker of the House + of Representatives, one of whom shall be a Member of the + House of Representatives and one of whom shall not be. + (xi) Two members appointed by the minority leader of + the House of Representatives, one of whom shall be a Member + of the House of Representatives and one of whom shall not + be. + (B)(i) The members of the Commission who are not Members of + Congress and who are appointed under clauses (viii) through + (xi) of subparagraph (A) shall be individuals who are + nationally recognized for expertise, knowledge, or experience + in-- + (I) transnational criminal organizations conducting + synthetic opioid trafficking; + (II) the production, manufacturing, distribution, sale, + or transportation of synthetic opioids; or + (III) relations between-- + + (aa) the United States; and + (bb) the People's Republic of China, Mexico, or any + other country of concern with respect to trafficking in + synthetic opioids. + + (ii) An official who appoints members of the Commission may + not appoint an individual as a member of the Commission if the + individual possesses any personal or financial interest in the + discharge of any of the duties of the Commission. + (iii)(I) All members of the Commission described in clause + (i) shall possess an appropriate security clearance in + accordance with applicable provisions of law concerning the + handling of classified information. + (II) For the purpose of facilitating the activities of the + Commission, the Director of National Intelligence shall + expedite to the fullest degree possible the processing of + security clearances that are necessary for members of the + Commission. + (2) Co-chairs.-- + (A) In general.--The Commission shall have 2 co-chairs, + selected from among the members of the Commission, one of whom + shall be a member of the majority party and one of whom shall + be a member of the minority party. + (B) Selection.--The individuals who serve as the co-chairs + of the Commission shall be jointly agreed upon by the + President, the majority leader of the Senate, the minority + leader of the Senate, the Speaker of the House of + Representatives, and the minority leader of the House of + Representatives. + (c) Duties.--The duties of the Commission are as follows: + (1) To define the core objectives and priorities of the + strategic approach described in subsection (a)(1). + (2) To weigh the costs and benefits of various strategic + options to combat the flow of synthetic opioids from the People's + Republic of China, Mexico, and other countries of concern with + respect to trafficking in synthetic opioids. + (3) To evaluate whether the options described in paragraph (2) + are exclusive or complementary, the best means for executing such + options, and how the United States should incorporate and implement + such options within the strategic approach described in subsection + (a)(1). + (4) To review and make determinations on the difficult choices + present within such options, among them what norms-based regimes + the United States should seek to establish to encourage the + effective regulation of dangerous synthetic opioids. + (5) To report on efforts by actors in the People's Republic of + China to subvert United States laws and to supply illicit synthetic + opioids to persons in the United States, including up-to-date + estimates of the scale of illicit synthetic opioids flows from the + People's Republic of China. + (6) To report on the deficiencies in the regulation of + pharmaceutical and chemical production of controlled substances and + export controls with respect to such substances in the People's + Republic of China and other countries that allow opioid traffickers + to subvert such regulations and controls to traffic illicit opioids + into the United States. + (7) To report on the scale of contaminated or counterfeit drugs + originating from Mexico, the People's Republic of China, India, and + other countries of concern with respect to the exportation of + contaminated or counterfeit drugs. + (8) To report on how the United States could work more + effectively with subnational and local officials in the People's + Republic of China and other countries to combat the illicit + production of synthetic opioids. + (9) In weighing the options for defending the United States + against the dangers of trafficking in synthetic opioids, to + consider possible structures and authorities that need to be + established, revised, or augmented within the Federal Government. + (d) Functioning of Commission.--The provisions of subsections (c), +(d), (e), (g), (h), (i), and (m) of section 1652 of the John S. McCain +National Defense Authorization Act for Fiscal Year 2019 (Public Law +115-232) shall apply to the Commission to the same extent and in the +same manner as such provisions apply to the commission established +under that section, except that-- + (1) subsection (c)(1) of that section shall be applied and + administered by substituting ``30 days'' for ``45 days''; + (2) subsection (g)(4)(A) of that section shall be applied and + administered by inserting ``and the Attorney General'' after + ``Secretary of Defense''; and + (3) subsections (h)(2)(A) and (i)(1)(A) of that section shall + be applied and administered by substituting ``level V of the + Executive Schedule under section 5316'' for ``level IV of the + Executive Schedule under section 5315''. + (e) Treatment of Information Provided to Commission.-- + (1) Information relating to national security.-- + (A) Responsibility of director of national intelligence.-- + The Director of National Intelligence shall assume + responsibility for the handling and disposition of any + information related to the national security of the United + States that is received, considered, or used by the Commission + under this section. + (B) Access after termination of commission.-- + Notwithstanding any other provision of law, after the + termination of the Commission under subsection (h), only the + members and designated staff of the appropriate congressional + committees and leadership, the Director of National + Intelligence (and the designees of the Director), and such + other officials of the executive branch as the President may + designate shall have access to information related to the + national security of the United States that is received, + considered, or used by the Commission. + (2) Information provided by congress.--The Commission may + obtain information from any Member, committee, or office of + Congress, including information related to the national security of + the United States, only with the consent of the Member, committee, + or office involved and only in accordance with any applicable rules + and procedures of the House of Representatives or Senate (as the + case may be) governing the provision of such information by + Members, committees, and offices of Congress to entities in the + executive branch. + (f) Reports.--The Commission shall submit to the appropriate +congressional committees and leadership-- + (1) not later than 270 days after the date of the enactment of + this Act, an initial report on the activities and recommendations + of the Commission under this section; and + (2) not later than 270 days after the submission of the initial + report under paragraph (1), a final report on the activities and + recommendations of the Commission under this section. + (g) Termination.-- + (1) In general.--The Commission, and all the authorities of + this section, shall terminate at the end of the 120-day period + beginning on the date on which the final report required by + subsection (f)(2) is submitted to the appropriate congressional + committees and leadership. + (2) Winding up of affairs.--The Commission may use the 120-day + period described in paragraph (1) for the purposes of concluding + its activities, including providing testimony to Congress + concerning the final report required by subsection (f)(2) and + disseminating the report. -SEC. 10730. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION OFFERING - PERMANENT RESIDENCE TO SOURCES AND COOPERATORS. + Subtitle C--Other Matters - Not later than 30 days after the date of the enactment of this Act, -the Director of the Federal Bureau of Investigation shall provide to -the congressional intelligence committees a briefing on the ability of -the Federal Bureau of Investigation to offer, as an inducement to -assisting the Bureau, permanent residence within the United States to -foreign individuals who are sources or cooperators in -counterintelligence or other national security-related investigations. -The briefing shall address the following: - (1) The extent to which the Bureau may make such offers, - whether independently or in conjunction with other agencies and - departments of the United States Government, including a - discussion of the authorities provided by section 101(a)(15)(S) - of the Immigration and Nationality Act (8 U.S.C. - 1101(a)(15)(S)), section 7 of the Central Intelligence Agency - Act (50 U.S.C. 3508), and any other provision of law under - which the Bureau may make such offers. - (2) An overview of the policies and operational practices - of the Bureau with respect to making such offers. - (3) The sufficiency of such policies and practices with - respect to inducing individuals to cooperate with, serve as - sources for such investigations, or both. - (4) Whether the Director recommends any legislative actions - to improve such policies and practices, particularly with - respect to the counterintelligence efforts of the Bureau. - -SEC. 10731. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES. +SEC. 7231. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE OF +INTELLIGENCE RESOURCES IN EFFORTS TO SANCTION FOREIGN OPIOID +TRAFFICKERS. + (a) Program Required.-- + (1) In general.--The Director of National Intelligence shall, + in consultation with the Director of the Office of National Drug + Control Policy, carry out a program to allocate and enhance use of + resources of the intelligence community, including intelligence + collection and analysis, to assist the Secretary of the Treasury, + the Secretary of State, and the Administrator of the Drug + Enforcement Administration in efforts to identify and impose + sanctions with respect to foreign opioid traffickers under subtitle + A. + (2) Focus on illicit finance.--To the extent practicable, + efforts described in paragraph (1) shall-- + (A) take into account specific illicit finance risks + related to narcotics trafficking; and + (B) be developed in consultation with the Undersecretary of + the Treasury for Terrorism and Financial Crimes, appropriate + officials of the Office of Intelligence and Analysis of the + Department of the Treasury, the Director of the Financial + Crimes Enforcement Network, and appropriate Federal law + enforcement agencies. + (b) Review of Counternarcotics Efforts of the Intelligence +Community.--The Director of National Intelligence shall, in +coordination with the Director of the Office of National Drug Control +Policy, carry out a comprehensive review of the current intelligence +collection priorities of the intelligence community for +counternarcotics purposes in order to identify whether such priorities +are appropriate and sufficient in light of the number of lives lost in +the United States each year due to use of illegal drugs. + (c) Reports.-- + (1) Quarterly reports on program.--Not later than 90 days after + the date of the enactment of this Act, and every 90 days + thereafter, the Director of National Intelligence and the Director + of the Office of National Drug Control Policy shall jointly submit + to the appropriate congressional committees and leadership a report + on the status and accomplishments of the program required by + subsection (a) during the 90-day period ending on the date of the + report. The first report under this paragraph shall also include a + description of the amount of funds devoted by the intelligence + community to the efforts described in subsection (a) during each of + fiscal years 2017 and 2018. + (2) Report on review.--Not later than 120 days after the date + of the enactment of this Act, the Director of National + Intelligence, in consultation with the Director of the Office of + National Drug Control Policy and other relevant agencies, shall + submit to the appropriate congressional committees and leadership-- + (A) a comprehensive description of the results of the + review required by subsection (b); and + (B) an assessment of whether-- + (i) the priorities described in that subsection are + appropriate and sufficient in light of the number of lives + lost in the United States each year due to use of illegal + drugs; and + (ii) any changes to such priorities are necessary. + (d) Intelligence Community Defined.--In this section, the term +``intelligence community'' has the meaning given that term in section +3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). +SEC. 7232. AUTHORIZATION OF APPROPRIATIONS. + (a) Department of the Treasury.--There are authorized to be +appropriated to the Secretary of the Treasury such sums as may be +necessary for fiscal year 2020 to carry out operations and activities +of the Department of the Treasury solely for purposes of carrying out +this title. + (b) Commission on Combating Synthetic Opioid Trafficking.--Of the +amount authorized to be appropriated by section 1403 for fiscal year +2020 and available for Drug Interdiction and Counter-Drug Activities, +Defense-wide, as specified in the funding table in section 4501, the +Secretary of Defense may, notwithstanding section 2215 of title 10, +United States Code, transfer $5,000,000 to the Commission on Combating +Synthetic Opioid Trafficking established under section 7221 in order to +carry out the duties of the Commission. + (c) Supplement Not Supplant.--Amounts authorized to be appropriated +by subsection (a) shall supplement and not supplant other amounts +available to carry out operations and activities described in such +subsections. + (d) Notification Requirement.--Amounts authorized to be +appropriated by subsection (a) may not be obligated until 15 days after +the date on which the President notifies the appropriate committees of +Congress of the President's intention to obligate such funds. + (e) Appropriate Committees of Congress Defined.--In this section, +the term ``appropriate committees of Congress'' means-- + (1) the Committee on Armed Services, the Committee on Banking, + Housing, and Urban Affairs, the Committee on Foreign Relations, the + Select Committee on Intelligence, the Committee on the Judiciary, + and the Committee on Appropriations of the Senate; and + (2) the Committee on Armed Services, the Committee on Financial + Services, the Committee on Foreign Affairs, the Permanent Select + Committee on Intelligence, the Committee on Oversight and Reform, + and the Committee on Appropriations of the House of + Representatives. +SEC. 7233. REGULATORY AUTHORITY. + Not later than 90 days after the date of the enactment of this Act, +the President shall issue such regulations as are necessary to carry +out this title, including guidance with respect to what activities are +included under the definition of ``opioid trafficking'' under section +7203(8). +SEC. 7234. TERMINATION. + The provisions of this title, and any sanctions imposed pursuant to +this title, shall terminate on the date that is 7 years after the date +of the enactment of this Act. +SEC. 7235. EXCEPTION RELATING TO IMPORTATION OF GOODS. + (a) In General.--The authorities and requirements to impose +sanctions under this title shall not include the authority or a +requirement to impose sanctions on the importation of goods. + (b) Good Defined.--In this section, the term ``good'' means any +article, natural or manmade substance, material, supply, or +manufactured product, including inspection and test equipment, and +excluding technical data. - (a) Assessment Required.--Not later than 180 days after the date of -the enactment of this Act, the Director of National Intelligence, in -coordination with the Assistant Secretary of State for Intelligence and -Research and the Assistant Secretary of the Treasury for Intelligence -and Analysis, shall produce an intelligence assessment of the revenue -sources of the North Korean regime. Such assessment shall include -revenue from the following sources: - (1) Trade in coal, iron, and iron ore. - (2) The provision of fishing rights to North Korean - territorial waters. - (3) Trade in gold, titanium ore, vanadium ore, copper, - silver, nickel, zinc, or rare earth minerals, and other stores - of value. - (4) Trade in textiles. - (5) Sales of conventional defense articles and services. - (6) Sales of controlled goods, ballistic missiles, and - other associated items. - (7) Other types of manufacturing for export, as the - Director of National Intelligence considers appropriate. - (8) The exportation of workers from North Korea in a manner - intended to generate significant revenue, directly or - indirectly, for use by the government of North Korea. - (9) The provision of nonhumanitarian goods (such as food, - medicine, and medical devices) and services by other countries. - (10) The provision of services, including banking and other - support, including by entities located in the Russian - Federation, China, and Iran. - (11) Online commercial activities of the Government of - North Korea, including online gambling. - (12) Criminal activities, including cyber-enabled crime and - counterfeit goods. - (b) Elements.--The assessment required under subsection (a) shall -include an identification of each of the following: - (1) The sources of North Korea's funding. - (2) Financial and non-financial networks, including supply - chain management, transportation, and facilitation, through - which North Korea accesses the United States and international - financial systems and repatriates and exports capital, goods, - and services; and - (3) the global financial institutions, money services - business, and payment systems that assist North Korea with - financial transactions. - (c) Submittal to Congress.--Upon completion of the assessment -required under subsection (a), the Director of National Intelligence -shall submit to the congressional intelligence committees a copy of -such assessment. + TITLE LXXIII--PFAS -SEC. 10732. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL CURRENCIES BY - TERRORIST ACTORS. +Sec. 7301. Short title. +Sec. 7302. Definition of Administrator. - (a) Short Title.--This section may be cited as the ``Stop Terrorist -Use of Virtual Currencies Act''. - (b) Report.--Not later than 1 year after the date of the enactment -of this Act, the Director of National Intelligence, in consultation -with the Secretary of the Treasury, shall submit to Congress a report -on the possible exploitation of virtual currencies by terrorist actors. -Such report shall include the following elements: - (1) An assessment of the means and methods by which - international terrorist organizations and State sponsors of - terrorism use virtual currencies. - (2) An assessment of the use by terrorist organizations and - State sponsors of terrorism of virtual currencies compared to - the use by such organizations and States of other forms of - financing to support operations, including an assessment of the - collection posture of the intelligence community on the use of - virtual currencies by such organizations and States. - (3) A description of any existing legal impediments that - inhibit or prevent the intelligence community from collecting - information on or helping prevent the use of virtual currencies - by international terrorist organizations and State sponsors of - terrorism and an identification of any gaps in existing law - that could be exploited for illicit funding by such - organizations and States. - (c) Form of Report.--The report required by subsection (b) shall be -submitted in unclassified form, but may include a classified annex. + Subtitle A--Drinking Water - Subtitle C--Other Matters +Sec. 7311. Monitoring and detection. +Sec. 7312. Drinking water state revolving funds. -SEC. 10741. PUBLIC INTEREST DECLASSIFICATION BOARD. + Subtitle B--PFAS Release Disclosure - Section 710(b) of the Public Interest Declassification Act of 2000 -(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking -``December 31, 2018'' and inserting ``December 31, 2028''. +Sec. 7321. Additions to toxics release inventory. -SEC. 10742. SECURING ENERGY INFRASTRUCTURE. + Subtitle C--USGS Performance Standard - (a) Definitions.--In this section: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the congressional intelligence committees; - (B) the Committee on Homeland Security and - Governmental Affairs and the Committee on Energy and - Natural Resources of the Senate; and - (C) the Committee on Homeland Security and the - Committee on Energy and Commerce of the House of - Representatives. - (2) Covered entity.--The term ``covered entity'' means an - entity identified pursuant to section 9(a) of Executive Order - 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to - identification of critical infrastructure where a cybersecurity - incident could reasonably result in catastrophic regional or - national effects on public health or safety, economic security, - or national security. - (3) Exploit.--The term ``exploit'' means a software tool - designed to take advantage of a security vulnerability. - (4) Industrial control system.--The term ``industrial - control system'' means an operational technology used to - measure, control, or manage industrial functions, and includes - supervisory control and data acquisition systems, distributed - control systems, and programmable logic or embedded - controllers. - (5) National laboratory.--The term ``National Laboratory'' - has the meaning given the term in section 2 of the Energy - Policy Act of 2005 (42 U.S.C. 15801). - (6) Program.--The term ``Program'' means the pilot program - established under subsection (b). - (7) Secretary.--Except as otherwise specifically provided, - the term ``Secretary'' means the Secretary of Energy. - (8) Security vulnerability.--The term ``security - vulnerability'' means any attribute of hardware, software, - process, or procedure that could enable or facilitate the - defeat of a security control. - (b) Pilot Program for Securing Energy Infrastructure.--Not later -than 180 days after the date of the enactment of this Act, the -Secretary shall establish a 2-year control systems implementation pilot -program within the National Laboratories for the purposes of-- - (1) partnering with covered entities in the energy sector - (including critical component manufacturers in the supply - chain) that voluntarily participate in the Program to identify - new classes of security vulnerabilities of the covered - entities; and - (2) evaluating technology and standards, in partnership - with covered entities, to isolate and defend industrial control - systems of covered entities from security vulnerabilities and - exploits in the most critical systems of the covered entities, - including-- - (A) analog and nondigital control systems; - (B) purpose-built control systems; and - (C) physical controls. - (c) Working Group to Evaluate Program Standards and Develop -Strategy.-- - (1) Establishment.--The Secretary shall establish a working - group-- - (A) to evaluate the technology and standards used - in the Program under subsection (b)(2); and - (B) to develop a national cyber-informed - engineering strategy to isolate and defend covered - entities from security vulnerabilities and exploits in - the most critical systems of the covered entities. - (2) Membership.--The working group established under - paragraph (1) shall be composed of not fewer than 10 members, - to be appointed by the Secretary, at least 1 member of which - shall represent each of the following: - (A) The Department of Energy. - (B) The energy industry, including electric - utilities and manufacturers recommended by the Energy - Sector coordinating councils. - (C)(i) The Department of Homeland Security; or - (ii) the Industrial Control Systems Cyber Emergency - Response Team. - (D) The North American Electric Reliability - Corporation. - (E) The Nuclear Regulatory Commission. - (F)(i) The Office of the Director of National - Intelligence; or - (ii) the intelligence community (as defined in - section 3 of the National Security Act of 1947 (50 - U.S.C. 3003)). - (G)(i) The Department of Defense; or - (ii) the Assistant Secretary of Defense for - Homeland Security and America's Security Affairs. - (H) A State or regional energy agency. - (I) A national research body or academic - institution. - (J) The National Laboratories. - (d) Reports on the Program.-- - (1) Interim report.--Not later than 180 days after the date - on which funds are first disbursed under the Program, the - Secretary shall submit to the appropriate congressional - committees an interim report that-- - (A) describes the results of the Program; - (B) includes an analysis of the feasibility of each - method studied under the Program; and - (C) describes the results of the evaluations - conducted by the working group established under - subsection (c)(1). - (2) Final report.--Not later than 2 years after the date on - which funds are first disbursed under the Program, the - Secretary shall submit to the appropriate congressional - committees a final report that-- - (A) describes the results of the Program; - (B) includes an analysis of the feasibility of each - method studied under the Program; and - (C) describes the results of the evaluations - conducted by the working group established under - subsection (c)(1). - (e) Exemption From Disclosure.--Information shared by or with the -Federal Government or a State, Tribal, or local government under this -section-- - (1) shall be deemed to be voluntarily shared information; - (2) shall be exempt from disclosure under section 552 of - title 5, United States Code, or any provision of any State, - Tribal, or local freedom of information law, open government - law, open meetings law, open records law, sunshine law, or - similar law requiring the disclosure of information or records; - and - (3) shall be withheld from the public, without discretion, - under section 552(b)(3) of title 5, United States Code, and any - provision of any State, Tribal, or local law requiring the - disclosure of information or records. - (f) Protection From Liability.-- - (1) In general.--A cause of action against a covered entity - for engaging in the voluntary activities authorized under - subsection (b)-- - (A) shall not lie or be maintained in any court; - and - (B) shall be promptly dismissed by the applicable - court. - (2) Voluntary activities.--Nothing in this section subjects - any covered entity to liability for not engaging in the - voluntary activities authorized under subsection (b). - (g) No New Regulatory Authority for Federal Agencies.--Nothing in -this section authorizes the Secretary or the head of any other -department or agency of the Federal Government to issue new -regulations. - (h) Authorization of Appropriations.-- - (1) Pilot program.--There is authorized to be appropriated - $10,000,000 to carry out subsection (b). - (2) Working group and report.--There is authorized to be - appropriated $1,500,000 to carry out subsections (c) and (d). - (3) Availability.--Amounts made available under paragraphs - (1) and (2) shall remain available until expended. +Sec. 7331. Definitions. +Sec. 7332. Performance standard for the detection of highly fluorinated + compounds. +Sec. 7333. Nationwide sampling. +Sec. 7334. Data usage. +Sec. 7335. Collaboration. -SEC. 10743. BUG BOUNTY PROGRAMS. + Subtitle D--Emerging Contaminants - (a) Definitions.--In this section: - (1) Appropriate committees of congress.--The term - ``appropriate committees of Congress'' means-- - (A) the congressional intelligence committees; - (B) the Committee on Armed Services and the - Committee on Homeland Security and Governmental Affairs - of the Senate; and - (C) the Committee on Armed Services and the - Committee on Homeland Security of the House of - Representatives. - (2) Bug bounty program.--The term ``bug bounty program'' - means a program under which an approved computer security - specialist or security researcher is temporarily authorized to - identify and report vulnerabilities within the information - system of an agency or department of the United States in - exchange for compensation. - (3) Information system.--The term ``information system'' - has the meaning given that term in section 3502 of title 44, - United States Code. - (b) Bug Bounty Program Plan.-- - (1) Requirement.--Not later than 180 days after the date of - the enactment of this Act, the Secretary of Homeland Security, - in consultation with the Secretary of Defense, shall submit to - appropriate committees of Congress a strategic plan for - appropriate agencies and departments of the United States to - implement bug bounty programs. - (2) Contents.--The plan required by paragraph (1) shall - include-- - (A) an assessment of-- - (i) the ``Hack the Pentagon'' pilot program - carried out by the Department of Defense in - 2016 and subsequent bug bounty programs in - identifying and reporting vulnerabilities - within the information systems of the - Department of Defense; and - (ii) private sector bug bounty programs, - including such programs implemented by leading - technology companies in the United States; and - (B) recommendations on the feasibility of - initiating bug bounty programs at appropriate agencies - and departments of the United States. - -SEC. 10744. MODIFICATION OF AUTHORITIES RELATING TO THE NATIONAL - INTELLIGENCE UNIVERSITY. - - (a) Civilian Faculty Members; Employment and Compensation.-- - (1) In general.--Section 1595(c) of title 10, United States - Code, is amended by adding at the end the following: - ``(5) The National Intelligence University.''. - (2) Compensation plan.--The Secretary of Defense shall - provide each person employed as a full-time professor, - instructor, or lecturer at the National Intelligence University - on the date of the enactment of this Act an opportunity to - elect to be paid under the compensation plan in effect on the - day before the date of the enactment of this Act (with no - reduction in pay) or under the authority of section 1595 of - title 10, United States Code, as amended by paragraph (1). - (b) Acceptance of Faculty Research Grants.--Section 2161 of such -title is amended by adding at the end the following: - ``(d) Acceptance of Faculty Research Grants.--The Secretary of -Defense may authorize the President of the National Intelligence -University to accept qualifying research grants in the same manner and -to the same degree as the President of the National Defense University -under section 2165(e) of this title.''. - (c) Pilot Program on Admission of Private Sector Civilians to -Receive Instruction.-- - (1) Pilot program required.-- - (A) In general.--Not later than 180 days after the - date of the enactment of this Act, the Secretary of - Defense shall commence carrying out a pilot program to - assess the feasability and advisability of permitting - eligible private sector employees who work in - organizations relevant to national security to receive - instruction at the National Intelligence University. - (B) Duration.--The Secretary shall carry out the - pilot program during the 3-year period beginning on the - date of the commencement of the pilot program. - (C) Existing program.--The Secretary shall carry - out the pilot program in a manner that is consistent - with section 2167 of title 10, United States Code. - (D) Number of participants.--No more than the - equivalent of 35 full-time student positions may be - filled at any one time by private sector employees - enrolled under the pilot program. - (E) Diplomas and degrees.--Upon successful - completion of the course of instruction in which - enrolled, any such private sector employee may be - awarded an appropriate diploma or degree under section - 2161 of title 10, United States Code. - (2) Eligible private sector employees.-- - (A) In general.--For purposes of this subsection, - an eligible private sector employee is an individual - employed by a private firm that is engaged in providing - to the Department of Defense, the intelligence - community, or other Government departments or agencies - significant and substantial intelligence or defense- - related systems, products, or services or whose work - product is relevant to national security policy or - strategy. - (B) Limitation.--Under this subsection, a private - sector employee admitted for instruction at the - National Intelligence University remains eligible for - such instruction only so long as that person remains - employed by the same firm, holds appropriate security - clearances, and complies with any other applicable - security protocols. - (3) Annual certification by secretary of defense.--Under - the pilot program, private sector employees may receive - instruction at the National Intelligence University during any - academic year only if, before the start of that academic year, - the Secretary of Defense determines, and certifies to the - Committee on Armed Services of the Senate and the Committee on - Armed Services of the House of Representatives, that providing - instruction to private sector employees under this section - during that year will further the national security interests - of the United States. - (4) Pilot program requirements.--The Secretary of Defense - shall ensure that-- - (A) the curriculum in which private sector - employees may be enrolled under the pilot program is - not readily available through other schools and - concentrates on national security-relevant issues; and - (B) the course offerings at the National - Intelligence University are determined by the needs of - the Department of Defense and the intelligence - community. - (5) Tuition.--The President of the National Intelligence - University shall charge students enrolled under the pilot - program a rate that-- - (A) is at least the rate charged for employees of - the United States outside the Department of Defense, - less infrastructure costs; and - (B) considers the value to the school and course of - the private sector student. - (6) Standards of conduct.--While receiving instruction at - the National Intelligence University, students enrolled under - the pilot program, to the extent practicable, are subject to - the same regulations governing academic performance, - attendance, norms of behavior, and enrollment as apply to - Government civilian employees receiving instruction at the - university. - (7) Use of funds.-- - (A) In general.--Amounts received by the National - Intelligence University for instruction of students - enrolled under the pilot program shall be retained by - the university to defray the costs of such instruction. - (B) Records.--The source, and the disposition, of - such funds shall be specifically identified in records - of the university. - (8) Reports.-- - (A) Annual reports.--Each academic year in which - the pilot program is carried out, the Secretary shall - submit to the congressional intelligence committees, - the Committee on Armed Services of the Senate, and the - Committee on Armed Services of the House of - Representatives a report on the number of eligible - private sector employees participating in the pilot - program. - (B) Final report.--Not later than 90 days after the - date of the conclusion of the pilot program, the - Secretary shall submit to the congressional - intelligence committees, the Committee on Armed - Services of the Senate, and the Committee on Armed - Services of the House of Representatives a report on - the findings of the Secretary with respect to the pilot - program. Such report shall include-- - (i) the findings of the Secretary with - respect to the feasability and advisability of - permitting eligible private sector employees - who work in organizations relevant to national - security to receive instruction at the National - Intelligence University; and - (ii) a recommendation as to whether the - pilot program should be extended. - -SEC. 10745. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY - ACT OF 1947. +Sec. 7341. Definitions. +Sec. 7342. Research and coordination plan for enhanced response on + emerging contaminants. - (a) Table of Contents.--The table of contents at the beginning of -the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended-- - (1) by inserting after the item relating to section 2 the - following new item: + Subtitle E--Toxic Substances Control Act -``Sec. 3. Definitions.''; - (2) by striking the item relating to section 107; - (3) by striking the item relating to section 113B and - inserting the following new item: +Sec. 7351. PFAS data call. +Sec. 7352. Significant new use rule for long-chain PFAS. -``Sec. 113B. Special pay authority for science, technology, - engineering, or mathematics positions.''; - (4) by striking the items relating to sections 202, 203, - 204, 208, 209, 210, 211, 212, 213, and 214; and - (5) by inserting after the item relating to section 311 the - following new item: + Subtitle F--Other Matters -``Sec. 312. Repealing and saving provisions.''. - (b) Other Technical Corrections.--Such Act is further amended-- - (1) in section 102A-- - (A) in subparagraph (G) of paragraph (1) of - subsection (g), by moving the margins of such - subparagraph 2 ems to the left; and - (B) in paragraph (3) of subsection (v), by moving - the margins of such paragraph 2 ems to the left; - (2) in section 106-- - (A) by inserting ``sec. 106'' before ``(a)''; and - (B) in subparagraph (I) of paragraph (2) of - subsection (b), by moving the margins of such - subparagraph 2 ems to the left; - (3) by striking section 107; - (4) in section 108(c), by striking ``in both a classified - and an unclassified form'' and inserting ``to Congress in - classified form, but may include an unclassified summary''; - (5) in section 112(c)(1), by striking ``section 103(c)(7)'' - and inserting ``section 102A(i)''; - (6) by amending section 201 to read as follows: - -``SEC. 201. DEPARTMENT OF DEFENSE. +Sec. 7361. PFAS destruction and disposal guidance. +Sec. 7362. PFAS research and development. +SEC. 7301. SHORT TITLE. + This title may be cited as the ``PFAS Act of 2019''. +SEC. 7302. DEFINITION OF ADMINISTRATOR. + In this title, the term ``Administrator'' means the Administrator +of the Environmental Protection Agency. - ``Except to the extent inconsistent with the provisions of this Act -or other provisions of law, the provisions of title 5, United States -Code, shall be applicable to the Department of Defense.''; - (7) in section 205, by redesignating subsections (b) and - (c) as subsections (a) and (b), respectively; - (8) in section 206, by striking ``(a)''; - (9) in section 207, by striking ``(c)''; - (10) in section 308(a), by striking ``this Act'' and - inserting ``sections 2, 101, 102, 103, and 303 of this Act''; - (11) by redesignating section 411 as section 312; - (12) in section 503-- - (A) in paragraph (5) of subsection (c)-- - (i) by moving the margins of such paragraph - 2 ems to the left; and - (ii) by moving the margins of subparagraph - (B) of such paragraph 2 ems to the left; and - (B) in paragraph (2) of subsection (d), by moving - the margins of such paragraph 2 ems to the left; and - (13) in subparagraph (B) of paragraph (3) of subsection (a) - of section 504, by moving the margins of such subparagraph 2 - ems to the right. - -SEC. 10746. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY. + Subtitle A--Drinking Water - (a) National Nuclear Security Administration Act.--Section 3233(b) -of the National Nuclear Security Administration Act (50 U.S.C. 2423(b)) -is amended-- - (1) by striking ``Administration'' and inserting - ``Department''; and - (2) by inserting ``Intelligence and'' after ``the Office - of''. - (b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic -Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting -``Intelligence and'' after ``The Director of''. - (c) National Security Act of 1947.--Paragraph (2) of section 106(b) -of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is +SEC. 7311. MONITORING AND DETECTION. + (a) Monitoring Program for Unregulated Contaminants.-- + (1) In general.--The Administrator shall include each substance + described in paragraph (2) in the fifth publication of the list of + unregulated contaminants to be monitored under section + 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j- + 4(a)(2)(B)(i)). + (2) Substances described.--The substances referred to in + paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and + classes of perfluoroalkyl and polyfluoroalkyl substances-- + (A) for which a method to measure the level in drinking + water has been validated by the Administrator; and + (B) that are not subject to a national primary drinking + water regulation. + (3) Exception.--The perfluoroalkyl and polyfluoroalkyl + substances and classes of perfluoroalkyl and polyfluoroalkyl + substances included in the list of unregulated contaminants to be + monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water + Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under paragraph (1) shall not + count towards the limit of 30 unregulated contaminants to be + monitored by public water systems under that section. + (b) Applicability.-- + (1) In general.--The Administrator shall-- + (A) require public water systems serving more than 10,000 + persons to monitor for the substances described in subsection + (a)(2); + (B) subject to paragraph (2) and the availability of + appropriations, require public water systems serving not fewer + than 3,300 and not more than 10,000 persons to monitor for the + substances described in subsection (a)(2); and + (C) subject to paragraph (2) and the availability of + appropriations, ensure that only a representative sample of + public water systems serving fewer than 3,300 persons are + required to monitor for the substances described in subsection + (a)(2). + (2) Requirement.--If the Administrator determines that there is + not sufficient laboratory capacity to carry out the monitoring + required under subparagraphs (B) and (C) of paragraph (1), the + Administrator may waive the monitoring requirements in those + subparagraphs. + (3) Funds.--The Administrator shall pay the reasonable cost of + such testing and laboratory analysis as is necessary to carry out + the monitoring required under subparagraphs (B) and (C) of + paragraph (1) using-- + (A) funds made available pursuant to subsection (a)(2)(H) + or subsection (j)(5) of section 1445 of the Safe Drinking Water + Act (42 U.S.C. 300j-4); or + (B) any other funds made available for that purpose. +SEC. 7312. DRINKING WATER STATE REVOLVING FUNDS. + Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended-- - (1) in subparagraph (E), by inserting ``and - Counterintelligence'' after ``Office of Intelligence''; - (2) by striking subparagraph (F); - (3) by redesignating subparagraphs (G), (H), and (I) as - subparagraphs (F), (G), and (H), respectively; and - (4) in subparagraph (H), as so redesignated, by realigning - the margin of such subparagraph 2 ems to the left. - -SEC. 10747. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN DISCLOSURES OF - CLASSIFIED INFORMATION. - - (a) Definitions.--In this section: - (1) Adversary foreign government.--The term ``adversary - foreign government'' means the government of any of the - following foreign countries: - (A) North Korea. - (B) Iran. - (C) China. - (D) Russia. - (E) Cuba. - (2) Covered classified information.--The term ``covered - classified information'' means classified information that - was-- - (A) collected by an element of the intelligence - community; or - (B) provided by the intelligence service or - military of a foreign country to an element of the - intelligence community. - (3) Established intelligence channels.--The term - ``established intelligence channels'' means methods to exchange - intelligence to coordinate foreign intelligence relationships, - as established pursuant to law by the Director of National - Intelligence, the Director of the Central Intelligence Agency, - the Director of the National Security Agency, or other head of - an element of the intelligence community. - (4) Individual in the executive branch.--The term - ``individual in the executive branch'' means any officer or - employee of the executive branch, including individuals-- - (A) occupying a position specified in article II of - the Constitution; - (B) appointed to a position by an individual - described in subparagraph (A); or - (C) serving in the civil service or the Senior - Executive Service (or similar service for senior - executives of particular departments or agencies). - (b) Findings.--Congress finds that section 502 of the National -Security Act of 1947 (50 U.S.C. 3092) requires elements of the -intelligence community to keep the congressional intelligence -committees ``fully and currently informed'' about all ``intelligence -activities'' of the United States, and to ``furnish to the -congressional intelligence committees any information or material -concerning intelligence activities * * * which is requested by either -of the congressional intelligence committees in order to carry out its -authorized responsibilities.''. - (c) Sense of Congress.--It is the sense of Congress that-- - (1) section 502 of the National Security Act of 1947 (50 - U.S.C. 3092), together with other intelligence community - authorities, obligates an element of the intelligence community - to submit to the congressional intelligence committees written - notification, by not later than 7 days after becoming aware, - that an individual in the executive branch has disclosed - covered classified information to an official of an adversary - foreign government using methods other than established - intelligence channels; and - (2) each such notification should include-- - (A) the date and place of the disclosure of - classified information covered by the notification; - (B) a description of such classified information; - (C) identification of the individual who made such - disclosure and the individual to whom such disclosure - was made; and - (D) a summary of the circumstances of such - disclosure. - -SEC. 10748. SENSE OF CONGRESS ON CONSIDERATION OF ESPIONAGE ACTIVITIES - WHEN CONSIDERING WHETHER OR NOT TO PROVIDE VISAS TO - FOREIGN INDIVIDUALS TO BE ACCREDITED TO A UNITED NATIONS - MISSION IN THE UNITED STATES. + (1) in subsection (a)(2), by adding at the end the following: + ``(G) Emerging contaminants.-- + ``(i) In general.--Notwithstanding any other provision + of law and subject to clause (ii), amounts deposited under + subsection (t) in a State loan fund established under this + section may only be used to provide grants for the purpose + of addressing emerging contaminants, with a focus on + perfluoroalkyl and polyfluoroalkyl substances. + ``(ii) Requirements.-- + + ``(I) Small and disadvantaged communities.--Not + less than 25 percent of the amounts described in clause + (i) shall be used to provide grants to-- + + ``(aa) disadvantaged communities (as defined in + subsection (d)(3)); or + ``(bb) public water systems serving fewer than + 25,000 persons. + + ``(II) Priorities.--In selecting the recipient of a + grant using amounts described in clause (i), a State + shall use the priorities described in subsection + (b)(3)(A). + + ``(iii) No increased bonding authority.--The amounts + deposited in the State loan fund of a State under + subsection (t) may not be used as a source of payment of, + or security for (directly or indirectly), in whole or in + part, any obligation the interest on which is exempt from + the tax imposed under chapter 1 of the Internal Revenue + Code of 1986.''; + (2) in subsection (m)(1), in the matter preceding subparagraph + (A), by striking ``this section'' and inserting ``this section, + except for subsections (a)(2)(G) and (t)''; and + (3) by adding at the end the following: + ``(t) Emerging Contaminants.-- + ``(1) In general.--Amounts made available under this subsection + shall be allotted to a State as if allotted under subsection + (a)(1)(D) as a capitalization grant, for deposit into the State + loan fund of the State, for the purposes described in subsection + (a)(2)(G). + ``(2) Authorization of appropriations.--There is authorized to + be appropriated to carry out this subsection $100,000,000 for each + of fiscal years 2020 through 2024, to remain available until + expended.''. + + Subtitle B--PFAS Release Disclosure + +SEC. 7321. ADDITIONS TO TOXICS RELEASE INVENTORY. + (a) Definition of Toxics Release Inventory.--In this section, the +term ``toxics release inventory'' means the list of toxic chemicals +subject to the requirements of section 313(c) of the Emergency Planning +and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)). + (b) Immediate Inclusion.-- + (1) In general.--Subject to subsection (e), beginning January 1 + of the calendar year following the date of enactment of this Act, + the following chemicals shall be deemed to be included in the + toxics release inventory: + (A) Perfluorooctanoic acid (commonly referred to as + ``PFOA'') (Chemical Abstracts Service No. 335-67-1). + (B) The salts associated with the chemical described in + subparagraph (A) (Chemical Abstracts Service Nos. 3825-26-1, + 335-95-5, and 68141-02-6). + (C) Perfluorooctane sulfonic acid (commonly referred to as + ``PFOS'') (Chemical Abstracts Service No. 1763-23-1). + (D) The salts associated with the chemical described in + subparagraph (C) (Chemical Abstracts Service Nos. 2795-39-3, + 29457-72-5, 56773-42-3, 29081-56-9, and 70225-14-8). + (E) A perfluoroalkyl or polyfluoroalkyl substance or class + of perfluoroalkyl or polyfluoroalkyl substances that is-- + (i) listed as an active chemical substance in the + February 2019 update to the inventory under section 8(b)(1) + of the Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); + and + (ii) on the date of enactment of this Act, subject to + the provisions of-- + + (I) section 721.9582 of title 40, Code of Federal + Regulations; or + (II) section 721.10536 of title 40, Code of Federal + Regulations. + + (F) Hexafluoropropylene oxide dimer acid (commonly referred + to as ``GenX'') (Chemical Abstracts Service No. 13252-13-6). + (G) The compound associated with the chemical described in + subparagraph (F) identified by Chemical Abstracts Service No. + 62037-80-3. + (H) Perfluorononanoic acid (commonly referred to as + ``PFNA'') (Chemical Abstracts Service No. 375-95-1). + (I) Perfluorohexanesulfonic acid (commonly referred to as + ``PFHxS'') (Chemical Abstracts Service No. 355-46-4). + (2) Threshold for reporting.-- + (A) In general.--Subject to subparagraph (B), the threshold + for reporting the chemicals described in paragraph (1) under + section 313 of the Emergency Planning and Community Right-To- + Know Act of 1986 (42 U.S.C. 11023) is 100 pounds. + (B) Revisions.--Not later than 5 years after the date of + enactment of this Act, the Administrator shall-- + (i) determine whether revision of the threshold under + subparagraph (A) is warranted for any chemical described in + paragraph (1); and + (ii) if the Administrator determines a revision to be + warranted under clause (i), initiate a revision under + section 313(f)(2) of the Emergency Planning and Community + Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). + (c) Inclusion Following Assessment.-- + (1) In general.-- + (A) Date of inclusion.--Subject to subsection (e), + notwithstanding section 313 of the Emergency Planning and + Community Right-To-Know Act of 1986, a perfluoroalkyl or + polyfluoroalkyl substance or class of perfluoroalkyl or + polyfluoroalkyl substances not described in subsection (b)(1) + shall be deemed to be included in the toxics release inventory + beginning January 1 of the calendar year after any of the + following dates: + (i) Final toxicity value.--The date on which the + Administrator finalizes a toxicity value for the + perfluoroalkyl or polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl substances. + (ii) Significant new use rule.--The date on which the + Administrator makes a covered determination for the + perfluoroalkyl or polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl substances. + (iii) Addition to existing significant new use rule.-- + The date on which the perfluoroalkyl or polyfluoroalkyl + substance or class of perfluoroalkyl or polyfluoroalkyl + substances is added to a list of substances covered by a + covered determination. + (iv) Addition as active chemical substance.--The date + on which the perfluoroalkyl or polyfluoroalkyl substance or + class of perfluoroalkyl or polyfluoroalkyl substances to + which a covered determination applies is-- + + (I) added to the list published under paragraph (1) + of section 8(b) of the Toxic Substances Control Act and + designated as an active chemical substance under + paragraph (5)(A) of such section; or + (II) designated as an active chemical substance on + such list under paragraph (5)(B) of such section. + + (B) Covered determination.--For purposes of this paragraph, + a covered determination is a determination made, by rule, under + section 5(a)(2) of the Toxic Substances Control Act that a use + of a perfluoroalkyl or polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl substances is a significant + new use (except such a determination made in connection with a + determination described in section 5(a)(3)(B) or section + 5(a)(3)(C) of such Act). + (2) Threshold for reporting.-- + (A) In general.--Subject to subparagraph (B), + notwithstanding subsection (f)(1) of section 313 of the + Emergency Planning and Community Right-To-Know Act of 1986 (42 + U.S.C. 11023), the threshold for reporting under such section + 313 the substances and classes of substances included in the + toxics release inventory under paragraph (1) is 100 pounds. + (B) Revisions.--Not later than 5 years after the date on + which a perfluoroalkyl or polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl substances is included in the + toxics release inventory under paragraph (1), the Administrator + shall-- + (i) determine whether revision of the threshold under + subparagraph (A) is warranted for the substance or class of + substances; and + (ii) if the Administrator determines a revision to be + warranted under clause (i), initiate a revision under + section 313(f)(2) of the Emergency Planning and Community + Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). + (d) Inclusion Following Determination.-- + (1) In general.--Not later than 2 years after the date of + enactment of this Act, the Administrator shall determine whether + the substances and classes of substances described in paragraph (2) + meet any one of the criteria described in section 313(d)(2) of the + Emergency Planning and Community Right-To-Know Act of 1986 (42 + U.S.C. 11023(d)(2)) for inclusion in the toxics release inventory. + (2) Substances described.--The substances and classes of + substances referred to in paragraph (1) are perfluoroalkyl and + polyfluoroalkyl substances and classes of perfluoroalkyl and + polyfluoroalkyl substances not described in subsection (b)(1), + including-- + (A) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] + ammonium salt (Chemical Abstracts Service No. 908020-52-0); + (B) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2- + (trifluoromethoxy) propanoyl fluoride (Chemical Abstracts + Service No. 2479-75-6); + (C) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2- + (trifluoromethoxy) propionic acid (Chemical Abstracts Service + No. 2479-73-4); + (D) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] + (Chemical Abstracts Service No. 919005-14-4); + (E) the salts associated with the chemical described in + subparagraph (D) (Chemical Abstracts Service Nos. 958445-44-8, + 1087271-46-2, and NOCAS 892452); + (F) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8- + tridecafluoro-potassium salt (Chemical Abstracts Service No. + 59587-38-1); + (G) perfluorobutanesulfonic acid (Chemical Abstracts + Service No. 375-73-5); + (H) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro- + potassium salt (Chemical Abstracts Service No. 29420-49-3); + (I) the component associated with the chemical described in + subparagraph (H) (Chemical Abstracts Service No. 45187-15-3); + (J) heptafluorobutyric acid (Chemical Abstracts Service No. + 375-22-4); + (K) perfluorohexanoic acid (Chemical Abstracts Service No. + 307-24-4); + (L) the compound associated with the chemical described in + subsection (b)(1)(F) identified by Chemical Abstracts Service + No. 2062-98-8; + (M) perfluoroheptanoic acid (commonly referred to as + ``PFHpA'') (Chemical Abstracts Service No. 375-85-9); + (N) each perfluoroalkyl or polyfluoroalkyl substance or + class of perfluoroalkyl or polyfluoroalkyl substances for which + a method to measure levels in drinking water has been validated + by the Administrator; and + (O) a perfluoroalkyl and polyfluoroalkyl substance or class + of perfluoroalkyl or polyfluoroalkyl substances other than the + chemicals described in subparagraphs (A) through (N) that is + used to manufacture fluorinated polymers, as determined by the + Administrator. + (3) Addition to toxics release inventory.--Subject to + subsection (e), if the Administrator determines under paragraph (1) + that a substance or a class of substances described in paragraph + (2) meets any one of the criteria described in section 313(d)(2) of + the Emergency Planning and Community Right-To-Know Act of 1986 (42 + U.S.C. 11023(d)(2)), the Administrator shall revise the toxics + release inventory in accordance with such section 313(d) to include + that substance or class of substances not later than 2 years after + the date on which the Administrator makes the determination. + (e) Confidential Business Information.-- + (1) In general.--Prior to including on the toxics release + inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any + perfluoroalkyl or polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl substances the chemical identity + of which is subject to a claim of a person of protection from + disclosure under subsection (a) of section 552 of title 5, United + States Code, pursuant to subsection (b)(4) of that section, the + Administrator shall-- + (A) review any such claim of protection from disclosure; + and + (B) require that person to reassert and substantiate or + resubstantiate that claim in accordance with section 14(f) of + the Toxic Substances Control Act (15 U.S.C. 2613(f)). + (2) Nondisclosure of protection information.--If the + Administrator determines that the chemical identity of a + perfluoroalkyl or polyfluoroalkyl substance or class of + perfluoroalkyl or polyfluoroalkyl substances qualifies for + protection from disclosure pursuant to paragraph (1), the + Administrator shall include the substance or class of substances, + as applicable, on the toxics release inventory in a manner that + does not disclose the protected information. + (f) Emergency Planning and Community Right-To-Know Act of 1986.-- +Section 313(c) of the Emergency Planning and Community Right-To-Know +Act of 1986 (42 U.S.C. 11023(c)) is amended-- + (1) by striking the period at the end and inserting ``; and''; + (2) by striking ``are those chemicals'' and inserting the + following: ``are-- + ``(1) the chemicals''; and + (3) by adding at the end the following: + ``(2) the chemicals included on such list under subsections + (b)(1), (c)(1), and (d)(3) of section 7321 of the PFAS Act of + 2019.''. + + Subtitle C--USGS Performance Standard + +SEC. 7331. DEFINITIONS. + In this subtitle: + (1) Director.--The term ``Director'' means the Director of the + United States Geological Survey. + (2) Highly fluorinated compound.-- + (A) In general.--The term ``highly fluorinated compound'' + means a perfluoroalkyl substance or a polyfluoroalkyl substance + with at least one fully fluorinated carbon atom. + (B) Definitions.--In this paragraph: + (i) Fully fluorinated carbon atom.--The term ``fully + fluorinated carbon atom'' means a carbon atom on which all + the hydrogen substituents have been replaced by fluorine. + (ii) Perfluoroalkyl substance.--The term + ``perfluoroalkyl substance'' means a chemical of which all + of the carbon atoms are fully fluorinated carbon atoms. + (iii) Polyfluoroalkyl substance.--The term + ``polyfluoroalkyl substance'' means a chemical containing + at least one fully fluorinated carbon atom and at least one + carbon atom that is not a fully fluorinated carbon atom. +SEC. 7332. PERFORMANCE STANDARD FOR THE DETECTION OF HIGHLY FLUORINATED +COMPOUNDS. + (a) In General.--The Director, in consultation with the +Administrator, shall establish a performance standard for the detection +of highly fluorinated compounds. + (b) Emphasis.-- + (1) In general.--In developing the performance standard under + subsection (a), the Director shall emphasize the ability to detect + as many highly fluorinated compounds present in the environment as + possible using validated analytical methods that-- + (A) achieve limits of quantitation (as defined in the + document of the United States Geological Survey entitled + ``Analytical Methods for Chemical Analysis of Geologic and + Other Materials, U.S. Geological Survey'' and dated 2002); and + (B) are as sensitive as is feasible and practicable. + (2) Requirement.--In developing the performance standard under + subsection (a), the Director may-- + (A) develop quality assurance and quality control measures + to ensure accurate sampling and testing; + (B) develop a training program with respect to the + appropriate method of sample collection and analysis of highly + fluorinated compounds; and + (C) coordinate as necessary with the Administrator, + including, if appropriate, to develop methods to detect + individual and different highly fluorinated compounds + simultaneously. +SEC. 7333. NATIONWIDE SAMPLING. + (a) In General.--The Director shall carry out a nationwide sampling +to determine the concentration of highly fluorinated compounds in +estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, +and soil using the performance standard developed under section +7332(a). + (b) Requirements.--In carrying out the sampling under subsection +(a), the Director shall-- + (1) first carry out the sampling at sources of drinking water + near locations with known or suspected releases of highly + fluorinated compounds; + (2) when carrying out sampling of sources of drinking water + under paragraph (1), carry out the sampling prior to and, at the + request of the Administrator, after any treatment of the water; + (3) survey for ecological exposure to highly fluorinated + compounds, with a priority in determining direct human exposure + through drinking water; and + (4) consult with-- + (A) States to determine areas that are a priority for + sampling; and + (B) the Administrator-- + (i) to enhance coverage of the sampling; and + (ii) to avoid unnecessary duplication. + (c) Report.--Not later than 120 days after the completion of the +sampling under subsection (a), the Director shall prepare a report +describing the results of the sampling and submit the report to-- + (1) the Committee on Environment and Public Works and the + Committee on Energy and Natural Resources of the Senate; + (2) the Committee on Energy and Commerce and the Committee on + Natural Resources of the House of Representatives; + (3) the Senators of each State in which the Director carried + out the sampling; and + (4) each Member of the House of Representatives who represents + a district in which the Director carried out the sampling. +SEC. 7334. DATA USAGE. + (a) In General.--The Director shall provide the sampling data +collected under section 7333 to-- + (1) the Administrator; and + (2) other Federal and State regulatory agencies on request. + (b) Usage.--The sampling data provided under subsection (a) shall +be used to inform and enhance assessments of exposure, likely health +and environmental impacts, and remediation priorities. +SEC. 7335. COLLABORATION. + In carrying out this subtitle, the Director shall collaborate +with-- + (1) appropriate Federal and State regulators; + (2) institutions of higher education; + (3) research institutions; and + (4) other expert stakeholders. - It is the sense of the Congress that the Secretary of State, in -considering whether or not to provide a visa to a foreign individual to -be accredited to a United Nations mission in the United States, should -consider-- - (1) known and suspected intelligence activities, espionage - activities, including activities constituting precursors to - espionage, carried out by the individual against the United - States, foreign allies of the United States, or foreign - partners of the United States; and - (2) the status of an individual as a known or suspected - intelligence officer for a foreign adversary. + Subtitle D--Emerging Contaminants -SEC. 10749. SENSE OF CONGRESS ON WIKILEAKS. +SEC. 7341. DEFINITIONS. + In this subtitle: + (1) Contaminant.--The term ``contaminant'' means any physical, + chemical, biological, or radiological substance or matter in water. + (2) Contaminant of emerging concern; emerging contaminant.--The + terms ``contaminant of emerging concern'' and ``emerging + contaminant'' mean a contaminant-- + (A) for which the Administrator has not promulgated a + national primary drinking water regulation; and + (B) that may have an adverse effect on the health of + individuals. + (3) Federal research strategy.--The term ``Federal research + strategy'' means the coordinated cross-agency plan for addressing + critical research gaps related to detecting, assessing exposure to, + and identifying the adverse health effects of emerging contaminants + in drinking water developed by the Office of Science and Technology + Policy in response to the report of the Committee on Appropriations + of the Senate accompanying S. 1662 of the 115th Congress (S. Rept. + 115-139). + (4) Technical assistance and support.--The term ``technical + assistance and support'' includes-- + (A) assistance with-- + (i) identifying appropriate analytical methods for the + detection of contaminants; + (ii) understanding the strengths and limitations of the + analytical methods described in clause (i); + (iii) troubleshooting the analytical methods described + in clause (i); + (B) providing advice on laboratory certification program + elements; + (C) interpreting sample analysis results; + (D) providing training with respect to proper analytical + techniques; + (E) identifying appropriate technology for the treatment of + contaminants; and + (F) analyzing samples, if-- + (i) the analysis cannot be otherwise obtained in a + practicable manner otherwise; and + (ii) the capability and capacity to perform the + analysis is available at a Federal facility. + (5) Working group.--The term ``Working Group'' means the + Working Group established under section 7342(b)(1). +SEC. 7342. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON +EMERGING CONTAMINANTS. + (a) In General.--The Administrator shall-- + (1) review Federal efforts-- + (A) to identify, monitor, and assist in the development of + treatment methods for emerging contaminants; and + (B) to assist States in responding to the human health + risks posed by contaminants of emerging concern; and + (2) in collaboration with owners and operators of public water + systems, States, and other interested stakeholders, establish a + strategic plan for improving the Federal efforts referred to in + paragraph (1). + (b) Interagency Working Group on Emerging Contaminants.-- + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Administrator and the Secretary of + Health and Human Services shall jointly establish a Working Group + to coordinate the activities of the Federal Government to identify + and analyze the public health effects of drinking water + contaminants of emerging concern. + (2) Membership.--The Working Group shall include + representatives of the following: + (A) The Environmental Protection Agency, appointed by the + Administrator. + (B) The following agencies, appointed by the Secretary of + Health and Human Services: + (i) The National Institutes of Health. + (ii) The Centers for Disease Control and Prevention. + (iii) The Agency for Toxic Substances and Disease + Registry. + (C) The United States Geological Survey, appointed by the + Secretary of the Interior. + (D) Any other Federal agency the assistance of which the + Administrator determines to be necessary to carry out this + subsection, appointed by the head of the respective agency. + (3) Existing working group.--The Administrator may expand or + modify the duties of an existing working group to perform the + duties of the Working Group under this subsection. + (c) National Emerging Contaminant Research Initiative.-- + (1) Federal research strategy.-- + (A) In general.--Not later than 180 days after the date of + enactment of this Act, the Director of the Office of Science + and Technology Policy (referred to in this subsection as the + ``Director'') shall coordinate with the heads of the agencies + described in subparagraph (C) to establish a research + initiative, to be known as the ``National Emerging Contaminant + Research Initiative'', that shall-- + (i) use the Federal research strategy to improve the + identification, analysis, monitoring, and treatment methods + of contaminants of emerging concern; and + (ii) develop any necessary program, policy, or budget + to support the implementation of the Federal research + strategy, including mechanisms for joint agency review of + research proposals, for interagency cofunding of research + activities, and for information sharing across agencies. + (B) Research on emerging contaminants.--In carrying out + subparagraph (A), the Director shall-- + (i) take into consideration consensus conclusions from + peer-reviewed, pertinent research on emerging contaminants; + and + (ii) in consultation with the Administrator, identify + priority emerging contaminants for research emphasis. + (C) Federal participation.--The agencies referred to in + subparagraph (A) include-- + (i) the National Science Foundation; + (ii) the National Institutes of Health; + (iii) the Environmental Protection Agency; + (iv) the National Institute of Standards and + Technology; + (v) the United States Geological Survey; and + (vi) any other Federal agency that contributes to + research in water quality, environmental exposures, and + public health, as determined by the Director. + (D) Participation from additional entities.--In carrying + out subparagraph (A), the Director shall consult with + nongovernmental organizations, State and local governments, and + science and research institutions determined by the Director to + have scientific or material interest in the National Emerging + Contaminant Research Initiative. + (2) Implementation of research recommendations.-- + (A) In general.--Not later than 1 year after the date on + which the Director and heads of the agencies described in + paragraph (1)(C) establish the National Emerging Contaminant + Research Initiative under paragraph (1)(A), the head of each + agency described in paragraph (1)(C) shall-- + (i) issue a solicitation for research proposals + consistent with the Federal research strategy and that + agency's mission; and + (ii) make grants to applicants that submit research + proposals consistent with the Federal research strategy and + in accordance with subparagraph (B). + (B) Selection of research proposals.--The head of each + agency described in paragraph (1)(C) shall select research + proposals to receive grants under this paragraph on the basis + of merit, using criteria identified by the head of each such + agency, including the likelihood that the proposed research + will result in significant progress toward achieving the + objectives identified in the Federal research strategy. + (C) Eligible entities.--Any entity or group of 2 or more + entities may submit to the head of each agency described in + paragraph (1)(C) a research proposal in response to the + solicitation for research proposals described in subparagraph + (A)(i), including, consistent with that agency's grant + policies-- + (i) State and local agencies; + (ii) public institutions, including public institutions + of higher education; + (iii) private corporations; and + (iv) nonprofit organizations. + (d) Federal Technical Assistance and Support for States.-- + (1) Study.-- + (A) In general.--Not later than 1 year after the date of + enactment of this Act, the Administrator shall conduct a study + on actions the Administrator can take to increase technical + assistance and support for States with respect to emerging + contaminants in drinking water samples. + (B) Contents of study.--In carrying out the study described + in subparagraph (A), the Administrator shall identify-- + (i) methods and effective treatment options to increase + technical assistance and support with respect to emerging + contaminants to States, including identifying opportunities + for States to improve communication with various audiences + about the risks associated with emerging contaminants; + (ii) means to facilitate access to qualified contract + testing laboratory facilities that conduct analyses for + emerging contaminants; and + (iii) actions to be carried out at existing Federal + laboratory facilities, including the research facilities of + the Administrator, to provide technical assistance and + support for States that require testing facilities for + emerging contaminants. + (C) Availability of analytical resources.--In carrying out + the study described in subparagraph (A), the Administrator + shall consider-- + (i) the availability of-- + + (I) Federal and non-Federal laboratory capacity; + and + (II) validated methods to detect and analyze + contaminants; and - It is the sense of Congress that WikiLeaks and the senior -leadership of WikiLeaks resemble a nonstate hostile intelligence -service often abetted by state actors and should be treated as such a -service by the United States. + (ii) other factors determined to be appropriate by the + Administrator. + (2) Report.--Not later than 18 months after the date of + enactment of this Act, the Administrator shall submit to Congress a + report describing the results of the study described in paragraph + (1). + (3) Program to provide federal assistance to states.-- + (A) In general.--Not later than 3 years after the date of + enactment of this Act, based on the findings in the report + described in paragraph (2), the Administrator shall develop a + program to provide technical assistance and support to eligible + States for the testing and analysis of emerging contaminants. + (B) Application.-- + (i) In general.--To be eligible for technical + assistance and support under this paragraph, a State shall + submit to the Administrator an application at such time, in + such manner, and containing such information as the + Administrator may require. + (ii) Criteria.--The Administrator shall evaluate an + application for technical assistance and support under this + paragraph on the basis of merit using criteria identified + by the Administrator, including-- + + (I) the laboratory facilities available to the + State; + (II) the availability and applicability of existing + analytical methodologies; + (III) the potency and severity of the emerging + contaminant, if known; and + (IV) the prevalence and magnitude of the emerging + contaminant. + + (iii) Prioritization.--In selecting States to receive + technical assistance and support under this paragraph, the + Administrator-- + + (I) shall give priority to States with affected + areas primarily in financially distressed communities; + (II) may-- + + (aa) waive the application process in an + emergency situation; and + (bb) require an abbreviated application process + for the continuation of work specified in a + previously approved application that continues to + meet the criteria described in clause (ii); and + + (III) shall consider the relative expertise and + availability of-- + + (aa) Federal and non-Federal laboratory + capacity available to the State; + (bb) analytical resources available to the + State; and + (cc) other types of technical assistance + available to the State. + (C) Database of available resources.--The Administrator + shall establish and maintain a database of resources available + through the program developed under subparagraph (A) to assist + States with testing for emerging contaminants that-- + (i) is-- + + (I) available to States and stakeholder groups + determined by the Administrator to have scientific or + material interest in emerging contaminants, including-- + + (aa) drinking water and wastewater utilities; + (bb) laboratories; + (cc) Federal and State emergency responders; + (dd) State primacy agencies; + (ee) public health agencies; and + (ff) water associations; + + (II) searchable; and + (III) accessible through the website of the + Administrator; and + + (ii) includes a description of-- + + (I) qualified contract testing laboratory + facilities that conduct analyses for emerging + contaminants; and + (II) the resources available in Federal laboratory + facilities to test for emerging contaminants. + + (D) Water contaminant information tool.--The Administrator + shall integrate the database established under subparagraph (C) + into the Water Contaminant Information Tool of the + Environmental Protection Agency. + (4) Funding.--Of the amounts available to the Administrator, + the Administrator may use not more than $15,000,000 in a fiscal + year to carry out this subsection. + (e) Report.--Not less frequently than once every 2 years until +2029, the Administrator shall submit to Congress a report that +describes the progress made in carrying out this subtitle. + (f) Effect.--Nothing in this section modifies any obligation of a +State, local government, or Indian Tribe with respect to treatment +methods for, or testing or monitoring of, drinking water. - Passed the Senate June 27, 2019. + Subtitle E--Toxic Substances Control Act - Attest: +SEC. 7351. PFAS DATA CALL. + Section 8(a) of the Toxic Substances Control Act (15 U.S.C. +2607(a)) is amended by adding at the end the following: + ``(7) PFAS data.--Not later than January 1, 2023, the + Administrator shall promulgate a rule in accordance with this + subsection requiring each person who has manufactured a chemical + substance that is a perfluoroalkyl or polyfluoroalkyl substance in + any year since January 1, 2011, to submit to the Administrator a + report that includes, for each year since January 1, 2011, the + information described in subparagraphs (A) through (G) of paragraph + (2).''. +SEC. 7352. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS. + Not later than June 22, 2020, the Administrator shall take final +action on the proposed rule entitled ``Long-Chain Perfluoroalkyl +Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; +Significant New Use Rule'' (80 Fed. Reg. 2885 (January 21, 2015)). - Secretary. -116th CONGRESS + Subtitle F--Other Matters - 1st Session +SEC. 7361. PFAS DESTRUCTION AND DISPOSAL GUIDANCE. + (a) In General.--Not later than 1 year after the date of enactment +of this Act, the Administrator shall publish interim guidance on the +destruction and disposal of perfluoroalkyl and polyfluoroalkyl +substances and materials containing perfluoroalkyl and polyfluoroalkyl +substances, including-- + (1) aqueous film-forming foam; + (2) soil and biosolids; + (3) textiles, other than consumer goods, treated with + perfluoroalkyl and polyfluoroalkyl substances; + (4) spent filters, membranes, resins, granular carbon, and + other waste from water treatment; + (5) landfill leachate containing perfluoroalkyl and + polyfluoroalkyl substances; and + (6) solid, liquid, or gas waste streams containing + perfluoroalkyl and polyfluoroalkyl substances from facilities + manufacturing or using perfluoroalkyl and polyfluoroalkyl + substances. + (b) Considerations; Inclusions.--The interim guidance under +subsection (a) shall-- + (1) take into consideration-- + (A) the potential for releases of perfluoroalkyl and + polyfluoroalkyl substances during destruction or disposal, + including through volatilization, air dispersion, or leachate; + and + (B) potentially vulnerable populations living near likely + destruction or disposal sites; and + (2) provide guidance on testing and monitoring air, effluent, + and soil near potential destruction or disposal sites for releases + described in paragraph (1)(A). + (c) Revisions.--The Administrator shall publish revisions to the +interim guidance under subsection (a) as the Administrator determines +to be appropriate, but not less frequently than once every 3 years. +SEC. 7362. PFAS RESEARCH AND DEVELOPMENT. + (a) In General.--The Administrator, acting through the Assistant +Administrator for the Office of Research and Development, shall-- + (1)(A) further examine the effects of perfluoroalkyl and + polyfluoroalkyl substances on human health and the environment; and + (B) make publicly available information relating to the + findings under subparagraph (A); + (2) develop a process for prioritizing which perfluoroalkyl and + polyfluoroalkyl substances, or classes of perfluoroalkyl and + polyfluoroalkyl substances, should be subject to additional + research efforts that is based on-- + (A) the potential for human exposure to the substances or + classes of substances; + (B) the potential toxicity of the substances or classes of + substances; and + (C) information available about the substances or classes + of substances; + (3) develop new tools to characterize and identify + perfluoroalkyl and polyfluoroalkyl substances in the environment, + including in drinking water, wastewater, surface water, + groundwater, solids, and the air; + (4) evaluate approaches for the remediation of contamination by + perfluoroalkyl and polyfluoroalkyl substances in the environment; + and + (5) develop and implement new tools and materials to + communicate with the public about perfluoroalkyl and + polyfluoroalkyl substances. + (b) Funding.--There is authorized to be appropriated to the +Administrator to carry out this section $15,000,000 for each of fiscal +years 2020 through 2024. - S. 1790 + TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019 + +Sec. 7401. Short title. +Sec. 7402. Statement of policy. + +Subtitle A--Additional Actions in Connection With the National Emergency + With Respect to Syria + +Sec. 7411. Measures with respect to Central Bank of Syria. +Sec. 7412. Sanctions with respect to foreign persons that engage in + certain transactions. +Sec. 7413. Strategy relating to areas of Syria in which civilians are + subject to forced displacement. + + Subtitle B--Assistance for the People of Syria + +Sec. 7421. Sense of Congress. +Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance + programs in Syria and to the Syrian people. +Sec. 7423. Assessment of potential methods to enhance the protection of + civilians. +Sec. 7424. Assistance to support entities taking actions relating to + gathering evidence for investigations into war crimes or + crimes against humanity in Syria since March 2011. +Sec. 7425. Codification of certain services in support of + nongovernmental organizations' activities authorized. +Sec. 7426. Briefing on strategy to facilitate humanitarian assistance. + + Subtitle C--General Provisions + +Sec. 7431. Suspension of sanctions. +Sec. 7432. Waivers and exemptions. +Sec. 7433. Implementation and regulatory authorities. +Sec. 7434. Exception relating to importation of goods. +Sec. 7435. Cost limitation. +Sec. 7436. Rule of construction. +Sec. 7437. Prohibition on construction of provisions of this title as an + authorization for use of military force. +Sec. 7438. Sunset. +SEC. 7401. SHORT TITLE. + This title may be cited as the ``Caesar Syria Civilian Protection +Act of 2019''. +SEC. 7402. STATEMENT OF POLICY. + It is the policy of the United States that diplomatic and coercive +economic means should be utilized to compel the government of Bashar +al-Assad to halt its murderous attacks on the Syrian people and to +support a transition to a government in Syria that respects the rule of +law, human rights, and peaceful co-existence with its neighbors. + + Subtitle A--Additional Actions in Connection With the National + Emergency With Respect to Syria + +SEC. 7411. MEASURES WITH RESPECT TO CENTRAL BANK OF SYRIA. + (a) Determination Regarding Central Bank of Syria.--Not later than +180 days after the date of the enactment of this Act, the Secretary of +the Treasury shall determine, under section 5318A of title 31, United +States Code, whether reasonable grounds exist for concluding that the +Central Bank of Syria is a financial institution of primary money +laundering concern. + (b) Enhanced Due Diligence and Reporting Requirements.--If the +Secretary of the Treasury determines under subsection (a) that +reasonable grounds exist for concluding that the Central Bank of Syria +is a financial institution of primary money laundering concern, the +Secretary, in consultation with the Federal functional regulators (as +defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)), +shall impose one or more of the special measures described in section +5318A(b) of title 31, United States Code, with respect to the Central +Bank of Syria. + (c) Report Required.-- + (1) In general.--Not later than 90 days after making a + determination under subsection (a) with respect to whether the + Central Bank of Syria is a financial institution of primary money + laundering concern, the Secretary of the Treasury shall submit to + the appropriate congressional committees a report that includes the + reasons for the determination. + (2) Form.--A report required by paragraph (1) shall be + submitted in unclassified form but may include a classified annex. + (3) Appropriate congressional committees defined.--In this + subsection, the term ``appropriate congressional committees'' + means-- + (A) the Committee on Foreign Affairs and the Committee on + Financial Services of the House of Representatives; and + (B) the Committee on Foreign Relations and the Committee on + Banking, Housing, and Urban Affairs of the Senate. +SEC. 7412. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN +CERTAIN TRANSACTIONS. + (a) Imposition of Sanctions.-- + (1) In general.--On and after the date that is 180 days after + the date of the enactment of this Act, the President shall impose + the sanctions described in subsection (b) with respect to a foreign + person if the President determines that the foreign person, on or + after such date of enactment, knowingly engages in an activity + described in paragraph (2). + (2) Activities described.--A foreign person engages in an + activity described in this paragraph if the foreign person-- + (A) knowingly provides significant financial, material, or + technological support to, or knowingly engages in a significant + transaction with-- + (i) the Government of Syria (including any entity owned + or controlled by the Government of Syria) or a senior + political figure of the Government of Syria; + (ii) a foreign person that is a military contractor, + mercenary, or a paramilitary force knowingly operating in a + military capacity inside Syria for or on behalf of the + Government of Syria, the Government of the Russian + Federation, or the Government of Iran; or + (iii) a foreign person subject to sanctions pursuant to + the International Emergency Economic Powers Act (50 U.S.C. + 1701 et seq.) with respect to Syria or any other provision + of law that imposes sanctions with respect to Syria; + (B) knowingly sells or provides significant goods, + services, technology, information, or other support that + significantly facilitates the maintenance or expansion of the + Government of Syria's domestic production of natural gas, + petroleum, or petroleum products; + (C) knowingly sells or provides aircraft or spare aircraft + parts that are used for military purposes in Syria for or on + behalf of the Government of Syria to any foreign person + operating in an area directly or indirectly controlled by the + Government of Syria or foreign forces associated with the + Government of Syria; + (D) knowingly provides significant goods or services + associated with the operation of aircraft that are used for + military purposes in Syria for or on behalf of the Government + of Syria to any foreign person operating in an area described + in subparagraph (C); or + (E) knowingly, directly or indirectly, provides significant + construction or engineering services to the Government of + Syria. + (3) Sense of congress.--It is the sense of Congress that, in + implementing this section, the President should consider financial + support under paragraph (2)(A) to include the provision of loans, + credits, or export credits. + (b) Sanctions Described.-- + (1) In general.--The sanctions to be imposed with respect to a + foreign person described in subsection (a) are the following: + (A) Blocking of property.--The President shall exercise all + of the powers granted to the President under the International + Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the + extent necessary to block and prohibit all transactions in + property and interests in property of the foreign person if + such property and interests in property are in the United + States, come within the United States, or are or come within + the possession or control of a United States person. + (B) Ineligibility for visas, admission, or parole.-- + (i) Visas, admission, or parole.--An alien described in + subsection (a) is-- + + (I) inadmissible to the United States; + (II) ineligible to receive a visa or other + documentation to enter the United States; and + (III) otherwise ineligible to be admitted or + paroled into the United States or to receive any other + benefit under the Immigration and Nationality Act (8 + U.S.C. 1101 et seq.). + + (ii) Current visas revoked.-- + + (I) In general.--An alien described in subsection + (a) is subject to revocation of any visa or other entry + documentation regardless of when the visa or other + entry documentation is or was issued. + (II) Immediate effect.--A revocation under + subclause (I) shall-- + + (aa) take effect immediately; and + (bb) automatically cancel any other valid visa + or entry documentation that is in the alien's + possession. + (2) Penalties.--The penalties provided for in subsections (b) + and (c) of section 206 of the International Emergency Economic + Powers Act (50 U.S.C. 1705) shall apply to a person that violates, + attempts to violate, conspires to violate, or causes a violation of + regulations promulgated under section 7433(b) to carry out + paragraph (1)(A) to the same extent that such penalties apply to a + person that commits an unlawful act described in section 206(a) of + that Act. + (3) Exceptions.--Sanctions under paragraph (1)(B) shall not + apply with respect to an alien if admitting or paroling the alien + into the United States is necessary-- + (A) to permit the United States to comply with the + Agreement regarding the Headquarters of the United Nations, + signed at Lake Success June 26, 1947, and entered into force + November 21, 1947, between the United Nations and the United + States, or other applicable international obligations; or + (B) to carry out or assist law enforcement activity in the + United States. +SEC. 7413. STRATEGY RELATING TO AREAS OF SYRIA IN WHICH CIVILIANS ARE +SUBJECT TO FORCED DISPLACEMENT. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the President shall-- + (1) identify the areas described in subsection (b); and + (2) submit to the appropriate congressional committees the + strategy described in subsection (c). + (b) Areas Described.--The areas described in this subsection are +areas in Syria that the President determines-- + (1) are under the control of-- + (A) the Government of Syria; + (B) the Government of the Russian Federation; + (C) the Government of Iran; or + (D) a foreign person described in section + 7412(a)(2)(A)(ii); and + (2) are areas in which civilians have been subject to forced + displacement by-- + (A) a government specified in subparagraph (A), (B), or (C) + of paragraph (1); or + (B) a foreign person described in section + 7412(a)(2)(A)(ii). + (c) Strategy Described.--The strategy described in this subsection +is a strategy to deter foreign persons from entering into contracts +related to reconstruction in the areas described in subsection (b) for +or on behalf of-- + (1) a government specified in subparagraph (A), (B), or (C) of + subsection (b)(1); or + (2) a foreign person described in section 7412(a)(2)(A)(ii). + (d) Form.--The strategy required by subsection (a)(2) shall be +submitted in unclassified form but may include a classified annex. + (e) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs of the House of + Representatives; and + (2) the Committee on Foreign Relations of the Senate. + + Subtitle B--Assistance for the People of Syria + +SEC. 7421. SENSE OF CONGRESS. + It is the sense of Congress that it is in the interests of the +United States to continue to provide assistance to the people of Syria +in order to promote peace, stability, and development, including +through multilateral organizations. +SEC. 7422. BRIEFING ON MONITORING AND EVALUATING OF ONGOING ASSISTANCE +PROGRAMS IN SYRIA AND TO THE SYRIAN PEOPLE. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State and the Administrator of +the United States Agency for International Development shall brief the +Committee on Foreign Affairs of the House of Representatives and the +Committee on Foreign Relations of the Senate on the monitoring and +evaluation of ongoing assistance programs in Syria and for the Syrian +people, including assistance provided through multilateral +organizations. + (b) Matters To Be Included.--The briefing required by subsection +(a) shall include a description of-- + (1) the specific project monitoring and evaluation efforts, + including measurable goals and performance metrics for assistance + in Syria; + (2) the memoranda of understanding entered into by the + Department of State, the United States Agency for International + Development, and their respective Inspectors General, and the + multilateral organizations through which United States assistance + will be delivered that formalize requirements for the sharing of + information between such entities for the conduct of audits, + investigations, and evaluations; and + (3) the major challenges to monitoring and evaluating programs + described in subsection (a). +SEC. 7423. ASSESSMENT OF POTENTIAL METHODS TO ENHANCE THE PROTECTION OF +CIVILIANS. + (a) In General.--Not later than 90 days after the date of the +enactment of this Act, the President shall brief the appropriate +congressional committees on the potential effectiveness, risks, and +operational requirements of military and non-military means to enhance +the protection of civilians inside Syria, especially civilians who are +in besieged areas, trapped at borders, or internally displaced. + (b) Consultation.--The briefing required by subsection (a) shall be +informed by consultations with the Department of State, the United +States Agency for International Development, the Department of Defense, +and international and local humanitarian aid organizations operating in +Syria. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs and the Committee on Armed + Services of the House of Representatives; and + (2) the Committee on Foreign Relations and the Committee on + Armed Services of the Senate. +SEC. 7424. ASSISTANCE TO SUPPORT ENTITIES TAKING ACTIONS RELATING TO +GATHERING EVIDENCE FOR INVESTIGATIONS INTO WAR CRIMES OR CRIMES AGAINST +HUMANITY IN SYRIA SINCE MARCH 2011. + (a) In General.--Except as provided in subsection (b), the +Secretary of State, after consultation with the Attorney General and +the heads of other appropriate Federal agencies, is authorized, +consistent with the national interest, to provide assistance to support +entities that are conducting criminal investigations, supporting +prosecutions, or collecting evidence and preserving the chain of +custody for such evidence for eventual prosecution, against those who +have committed war crimes or crimes against humanity in Syria, +including the aiding and abetting of such crimes by foreign governments +and organizations supporting the Government of Syria, since March 2011. + (b) Limitation.--No assistance may be provided under subsection (a) +while President Bashar al-Assad remains in power-- + (1) to build the investigative or judicial capacities of the + Government of Syria; or + (2) to support prosecutions in the domestic courts in Syria. + (c) Briefing.--Not later than one year after the date of the +enactment of this Act, the Secretary of State shall brief the Committee +on Foreign Affairs of the House of Representatives and the Committee on +Foreign Relations of the Senate on assistance provided under subsection +(a). +SEC. 7425. CODIFICATION OF CERTAIN SERVICES IN SUPPORT OF +NONGOVERNMENTAL ORGANIZATIONS' ACTIVITIES AUTHORIZED. + (a) In General.--Except as provided in subsection (b), section +542.516 of title 31, Code of Federal Regulations (relating to certain +services in support of nongovernmental organizations' activities +authorized), as in effect on the day before the date of the enactment +of this Act, shall-- + (1) remain in effect on and after such date of enactment; and + (2) in the case of a nongovernmental organization that is + authorized to export or reexport services to Syria under such + section on the day before such date of enactment, apply to such + organization on and after such date of enactment to the same extent + and in the same manner as such section applied to such organization + on the day before such date of enactment. + (b) Exception.-- + (1) In general.--Section 542.516 of title 31, Code of Federal + Regulations, as codified under subsection (a), shall not apply with + respect to a foreign person that has been designated as a foreign + terrorist organization under section 219 of the Immigration and + Nationality Act (8 U.S.C. 1189), or otherwise designated as a + terrorist organization, by the Secretary of State, in consultation + with or upon the request of the Attorney General or the Secretary + of Homeland Security. + (2) Effective date.--Paragraph (1) shall apply with respect to + a foreign person on and after the date on which the designation of + that person as a terrorist organization is published in the Federal + Register. +SEC. 7426. BRIEFING ON STRATEGY TO FACILITATE HUMANITARIAN ASSISTANCE. + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the President shall brief the appropriate +congressional committees on the strategy of the President to help +facilitate the ability of humanitarian organizations to access +financial services to help facilitate the safe and timely delivery of +assistance to communities in need in Syria. + (b) Consideration of Data From Other Countries and Nongovernmental +Organizations.--In preparing the strategy required by subsection (a), +the President shall consider credible data already obtained by other +countries and nongovernmental organizations, including organizations +operating in Syria. + (c) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs and the Committee on + Financial Services of the House of Representatives; and + (2) the Committee on Foreign Relations and the Committee on + Banking, Housing, and Urban Affairs of the Senate. + + Subtitle C--General Provisions + +SEC. 7431. SUSPENSION OF SANCTIONS. + (a) In General.--The President may suspend in whole or in part the +imposition of sanctions otherwise required under this Act or the +imposition of sanctions required by any amendment made by this title +for renewable periods not to exceed 180 days if the President +determines that the following criteria have been met in Syria: + (1) The air space over Syria is no longer being utilized by the + Government of Syria or the Government of the Russian Federation to + target civilian populations through the use of incendiary devices, + including barrel bombs, chemical weapons, and conventional arms + (including air-delivered missiles and explosives). + (2) Areas besieged by the Government of Syria, the Government + of the Russian Federation, the Government of Iran, or a foreign + person described in section 7412(a)(2)(A)(ii) are no longer cut off + from international aid and have regular access to humanitarian + assistance, freedom of travel, and medical care. + (3) The Government of Syria is releasing all political + prisoners forcibly held within the prison system of the regime of + Bashar al-Assad and the Government of Syria is allowing full access + to prison system facilities for investigations by appropriate + international human rights organizations. + (4) The forces of the Government of Syria, the Government of + the Russian Federation, the Government of Iran, and any foreign + person described in section 7412(a)(2)(A)(ii) are no longer engaged + in deliberate targeting of medical facilities, schools, residential + areas, and community gathering places, including markets, in + violation of international norms. + (5) The Government of Syria is-- + (A) taking steps to verifiably fulfill its commitments + under the Convention on the Prohibition of the Development, + Production, Stockpiling and Use of Chemical Weapons and on + their Destruction, done at Geneva September 3, 1992, and + entered into force April 29, 1997 (commonly known as the + ``Chemical Weapons Convention''), and the Treaty on the Non- + Proliferation of Nuclear Weapons, done at Washington, London, + and Moscow July 1, 1968, and entered into force March 5, 1970 + (21 UST 483); and + (B) making tangible progress toward becoming a signatory to + the Convention on the Prohibition of the Development, + Production and Stockpiling of Bacteriological (Biological) and + Toxin Weapons and on their Destruction, done at Washington, + London, and Moscow April 10, 1972, and entered into force March + 26, 1975 (26 UST 583). + (6) The Government of Syria is permitting the safe, voluntary, + and dignified return of Syrians displaced by the conflict. + (7) The Government of Syria is taking verifiable steps to + establish meaningful accountability for perpetrators of war crimes + in Syria and justice for victims of war crimes committed by the + Assad regime, including through participation in a credible and + independent truth and reconciliation process. + (b) Briefing Required.--Not later than 30 days after the President +makes a determination described in subsection (a), the President shall +provide a briefing to the appropriate congressional committees on the +determination and the suspension of sanctions pursuant to the +determination. + (c) Reimposition of Sanctions.--Any sanctions suspended under +subsection (a) shall be reimposed if the President determines that the +criteria described in that subsection are no longer being met. + (d) Rule of Construction.--Nothing in this section shall be +construed to limit the authority of the President to terminate the +application of sanctions under section 7412 with respect to a person +that no longer engages in activities described in subsection (a)(2) of +that section. + (e) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs, the Committee on + Financial Services, the Committee on Ways and Means, and the + Committee on the Judiciary of the House of Representatives; and + (2) the Committee on Foreign Relations, the Committee on + Banking, Housing, and Urban Affairs, and the Committee on the + Judiciary of the Senate. +SEC. 7432. WAIVERS AND EXEMPTIONS. + (a) Exemptions.--The following activities and transactions shall be +exempt from sanctions authorized under this title or any amendment made +by this title: + (1) Any activity subject to the reporting requirements under + title V of the National Security Act of 1947 (50 U.S.C. 3091 et + seq.), or to any authorized intelligence activities of the United + States. + (2) Any transaction necessary to comply with United States + obligations under-- + (A) 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; + (B) the Convention on Consular Relations, done at Vienna + April 24, 1963, and entered into force March 19, 1967; or + (C) any other international agreement to which the United + States is a party. + (b) Waiver.-- + (1) In general.--The President may, for renewable periods not + to exceed 180 days, waive the application of any provision of this + title (other than section 7434) with respect to a foreign person if + the President certifies to the appropriate congressional committees + that such a waiver is in the national security interests of the + United States. + (2) Briefing.--Not later than 90 days after the issuance of a + waiver under paragraph (1), and every 180 days thereafter while the + waiver remains in effect, the President shall brief the appropriate + congressional committees on the reasons for the waiver. + (c) Humanitarian Waiver.-- + (1) In general.--The President may waive, for renewable periods + not to exceed 2 years, the application of any provision of this + title (other than section 7434) with respect to a nongovernmental + organization providing humanitarian assistance not covered by the + authorization described in section 7425 if the President certifies + to the appropriate congressional committees that such a waiver is + important to address a humanitarian need and is consistent with the + national security interests of the United States. + (2) Briefing.--Not later than 90 days after the issuance of a + waiver under paragraph (1), and every 180 days thereafter while the + waiver remains in effect, the President shall brief the appropriate + congressional committees on the reasons for the waiver. + (d) Appropriate Congressional Committees Defined.--In this section, +the term ``appropriate congressional committees'' means-- + (1) the Committee on Foreign Affairs, the Committee on + Financial Services, the Committee on Ways and Means, and the + Committee on the Judiciary of the House of Representatives; and + (2) the Committee on Foreign Relations, the Committee on + Banking, Housing, and Urban Affairs, and the Committee on the + Judiciary of the Senate. +SEC. 7433. IMPLEMENTATION AND REGULATORY AUTHORITIES. + (a) Implementation Authority.--The President may exercise all +authorities provided to the President under sections 203 and 205 of the +International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) +for purposes of carrying out this title and the amendments made by this +title. + (b) Regulatory Authority.--The President shall, not later than 180 +days after the date of the enactment of this Act, promulgate +regulations as necessary for the implementation of this title and the +amendments made by this title. +SEC. 7434. EXCEPTION RELATING TO IMPORTATION OF GOODS. + (a) In General.--The authorities and requirements to impose +sanctions authorized under this title or the amendments made by this +title shall not include the authority or a requirement to impose +sanctions on the importation of goods. + (b) Good Defined.--In this section, the term ``good'' means any +article, natural or manmade substance, material, supply or manufactured +product, including inspection and test equipment, and excluding +technical data. +SEC. 7435. COST LIMITATION. + No additional funds are authorized to be appropriated to carry out +the requirements of this title and the amendments made by this title. +Such requirements shall be carried out using amounts otherwise +authorized to be appropriated. +SEC. 7436. RULE OF CONSTRUCTION. + Except for section 7434 with respect to the importation of goods, +nothing in this title shall be construed to limit the authority of the +President pursuant to the International Emergency Economic Powers Act +(50 U.S.C. 1701 et seq.) or any other provision of law. +SEC. 7437. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS TITLE AS +AN AUTHORIZATION FOR USE OF MILITARY FORCE. + Nothing in this title may be construed as an authorization for use +of military force. +SEC. 7438. SUNSET. + This title shall cease to be effective on the date that is 5 years +after the date of the enactment of this Act. -_______________________________________________________________________ + TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY + +Sec. 7501. Short title. +Sec. 7502. Sense of Congress. +Sec. 7503. Imposition of sanctions with respect to provision of certain + vessels for the construction of certain Russian energy export + pipelines. +SEC. 7501. SHORT TITLE. + This title may be cited as the ``Protecting Europe's Energy +Security Act of 2019''. +SEC. 7502. SENSE OF CONGRESS. + It is the sense of Congress that-- + (1) the United States and Europe share a common history, a + common identity, and common values built upon the principles of + democracy, rule of law, and individual freedoms; + (2) the United States has encouraged and admired the European + project, which has resulted in a common market and common policies, + has achieved unprecedented prosperity and stability on the + continent, and serves as a model for other countries to reform + their institutions and prioritize anticorruption measures; + (3) the relationships between the United States and Europe and + the United States and Germany are critical to the national security + interests of the United States as well as to global prosperity and + peace, and Germany in particular is a crucial partner for the + United States in multilateral efforts aimed at promoting global + prosperity and peace; + (4) the United States should stand against any effort designed + to weaken those relationships; and + (5) Germany has demonstrated leadership within the European + Union and in international fora to ensure that sanctions imposed + with respect to the Russian Federation for its malign activities + are maintained. +SEC. 7503. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION OF CERTAIN +VESSELS FOR THE CONSTRUCTION OF CERTAIN RUSSIAN ENERGY EXPORT +PIPELINES. + (a) Report Required.-- + (1) In general.--Not later than 60 days after the date of the + enactment of this Act, and every 90 days thereafter, the Secretary + of State, in consultation with the Secretary of the Treasury, shall + submit to the appropriate congressional committees a report that + identifies, for the period specified in paragraph (2)-- + (A) vessels that engaged in pipe-laying at depths of 100 + feet or more below sea level for the construction of the Nord + Stream 2 pipeline project, the TurkStream pipeline project, or + any project that is a successor to either such project; and + (B) foreign persons that the Secretary of State, in + consultation with the Secretary of the Treasury, determines + have knowingly-- + (i) sold, leased, or provided those vessels for the + construction of such a project; or + (ii) facilitated deceptive or structured transactions + to provide those vessels for the construction of such a + project. + (2) Period specified.--The period specified in this paragraph + is-- + (A) in the case of the first report required to be + submitted by paragraph (1), the period beginning on the date of + the enactment of this Act and ending on the date on which the + report is submitted; and + (B) in the case of any subsequent such report, the 90-day + period preceding submission of the report. + (b) Ineligibility for Visas, Admission, or Parole of Identified +Persons and Corporate Officers.-- + (1) In general.-- + (A) Visas, admission, or parole.--An alien described in + paragraph (2) is-- + (i) inadmissible to the United States; + (ii) ineligible to receive a visa or other + documentation to enter the United States; and + (iii) otherwise ineligible to be admitted or paroled + into the United States or to receive any other benefit + under the Immigration and Nationality Act (8 U.S.C. 1101 et + seq.). + (B) Current visas revoked.-- + (i) In general.--The visa or other entry documentation + of an alien described in paragraph (2) shall be revoked, + regardless of when such visa or other entry documentation + is or was issued. + (ii) Immediate effect.--A revocation under clause (i) + shall-- + + (I) take effect immediately; and + (II) automatically cancel any other valid visa or + entry documentation that is in the alien's possession. + + (2) Aliens described.--An alien is described in this paragraph + if the alien is-- + (A) a foreign person identified under subsection (a)(1)(B); + (B) a corporate officer of a person described in + subparagraph (A); or + (C) a principal shareholder with a controlling interest in + a person described in subparagraph (A). + (c) Blocking of Property of Identified Persons.--The President +shall exercise all powers granted to the President by the International +Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent +necessary to block and prohibit all transactions in all property and +interests in property of any person identified under subsection +(a)(1)(B) 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. + (d) Wind-down Period.--The President may not impose sanctions under +this section with respect to a person identified in the first report +submitted under subsection (a) if the President certifies in that +report that the person has, not later than 30 days after the date of +the enactment of this Act, engaged in good faith efforts to wind down +operations that would otherwise subject the person to the imposition of +sanctions under this section. + (e) Exceptions.-- + (1) Exception for intelligence, law enforcement, and national + security activities.--Sanctions under this section shall not apply + to any authorized intelligence, law enforcement, or national + security activities of the United States. + (2) Exception to comply with united nations headquarters + agreement.--Sanctions under this section shall not apply with + respect to the admission of an alien to the United States if the + admission of the alien is necessary to permit the United States to + comply with the Agreement regarding the Headquarters of the United + Nations, signed at Lake Success June 26, 1947, and entered into + force November 21, 1947, between the United Nations and the United + States, the Convention on Consular Relations, done at Vienna April + 24, 1963, and entered into force March 19, 1967, or other + applicable international obligations. + (3) Exception for safety of vessels and crew.--Sanctions under + this section shall not apply with respect to a person providing + provisions to a vessel identified under subsection (a)(1)(A) if + such provisions are intended for the safety and care of the crew + aboard the vessel, the protection of human life aboard the vessel, + or the maintenance of the vessel to avoid any environmental or + other significant damage. + (4) Exception for repair or maintenance of pipelines.-- + Sanctions under this section shall not apply with respect to a + person for engaging in activities necessary for or related to the + repair or maintenance of, or environmental remediation with respect + to, a pipeline project described in subsection (a)(1)(A). + (5) Exception relating to importation of goods.-- + (A) In general.--Notwithstanding any other provision of + this section, the authorities and requirements to impose + sanctions authorized under this section shall not include the + authority or a requirement to impose sanctions on the + importation of goods. + (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) Waivers.-- + (1) National interest waiver for visa ban.--The President may + waive the application of sanctions under subsection (b) with + respect to an alien if the President-- + (A) determines that the waiver is in the national interests + of the United States; and + (B) submits to the appropriate congressional committees a + report on the waiver and the reasons for the waiver. + (2) National security waiver for economic and other + sanctions.--The President may waive the application of sanctions + under subsection (c) with respect to a person if the President-- + (A) determines that the waiver is in the national security + interests of the United States; and + (B) submits to the appropriate congressional committees a + report on the waiver and the reasons for the waiver. + (g) Implementation; Penalties.-- + (1) Implementation.--The President may exercise all authorities + provided to the President under sections 203 and 205 of the + International Emergency Economic Powers Act (50 U.S.C. 1702 and + 1704) to carry out this section. + (2) Penalties.--A person that violates, attempts to violate, + conspires to violate, or causes a violation of this section or any + regulation, license, or order issued to carry out this section + shall be subject to the penalties set forth in subsections (b) and + (c) of section 206 of the International Emergency Economic Powers + Act (50 U.S.C. 1705) to the same extent as a person that commits an + unlawful act described in subsection (a) of that section. + (h) Termination and Sunset.--The authority to impose sanctions +under this section with respect to a person involved in the +construction of a pipeline project described in subsection (a)(1)(A), +and any sanctions imposed under this section with respect to that +project, shall terminate on the date that is the earlier of-- + (1) the date on which the President certifies to the + appropriate congressional committees that appropriate safeguards + have been put in place-- + (A) to minimize the ability of the Government of the + Russian Federation to use that project as a tool of coercion + and political leverage, including by achieving the unbundling + of energy production and transmission so that entities owned or + controlled by that Government do not control the transmission + network for the pipeline; and + (B) to ensure, barring unforeseen circumstances, that the + project would not result in a decrease of more than 25 percent + in the volume of Russian energy exports transiting through + existing pipelines in other countries, particularly Ukraine, + relative to the average monthly volume of Russian energy + exports transiting through such pipelines in 2018; or + (2) the date that is 5 years after the date of the enactment of + this Act. + (i) Definitions.--In this section: + (1) Admission; admitted; alien.--The terms ``admission'', + ``admitted'', and ``alien'' have the meanings given those terms in + section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). + (2) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Relations and the Committee on + Banking, Housing, and Urban Affairs of the Senate; and + (B) the Committee on Foreign Affairs and the Committee on + Financial Services of the House of Representatives. + (3) Foreign person.--The term ``foreign person'' means an + individual or entity that is not a United States person. + (4) Knowingly.--The term ``knowingly'', with respect to + conduct, a circumstance, or a result, means that a person has + actual knowledge, or should have known, of the conduct, the + circumstance, or the result. + (5) 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; + (B) an entity organized under the laws of the United States + or any jurisdiction within the United States, including a + foreign branch of such an entity; or + (C) any person within the United States. + + TITLE LXXVI--OTHER MATTERS + + Subtitle A--Federal Employee Paid Leave Act + +Sec. 7601. Short title. +Sec. 7602. Paid parental leave under title 5. +Sec. 7603. Paid parental leave for congressional employees. +Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO + and Library of Congress employees. +Sec. 7605. Clarification for members of the National Guard and Reserves. +Sec. 7606. Conforming amendment for certain TSA employees. + + Subtitle B--Other Matters + +Sec. 7611. Liberian refugee immigration fairness. +Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma. +Sec. 7613. Limitation on certain rolling stock procurements; + cybersecurity certification for rail rolling stock and + operations. + + Subtitle A--Federal Employee Paid Leave Act + +SEC. 7601. SHORT TITLE. + This subtitle may be cited as the ``Federal Employee Paid Leave +Act''. +SEC. 7602. PAID PARENTAL LEAVE UNDER TITLE 5. + (a) In General.--Subsection (d) of section 6382 of title 5, United +States Code, is amended-- + (1) by striking ``An employee'' and inserting ``(1) An + employee''; + (2) by striking ``subparagraph (A), (B), (C),'' and inserting + ``subparagraph (C),''; and + (3) by adding at the end the following: + ``(2)(A) An employee may elect to substitute for any leave + without pay under subparagraph (A) or (B) of subsection (a)(1) any + paid leave which is available to such employee for that purpose. + ``(B) The paid leave that is available to an employee for + purposes of subparagraph (A) is-- + ``(i) 12 administrative workweeks of paid parental leave + under this subparagraph in connection with the birth or + placement involved; and + ``(ii) during the 12-month period referred to in subsection + (a)(1), and in addition to the 12 administrative workweeks + under clause (i), any annual or sick leave accrued or + accumulated by such employee under subchapter I. + ``(C) Nothing in this subsection shall be considered to require + that an employee first use all or any portion of the leave + described in subparagraph (B)(ii) before being allowed to use the + paid parental leave described in subparagraph (B)(i). + ``(D) Paid parental leave under subparagraph (B)(i)-- + ``(i) shall be payable from any appropriation or fund + available for salaries or expenses for positions within the + employing agency; + ``(ii) shall not be considered to be annual or vacation + leave for purposes of section 5551 or 5552 or for any other + purpose; and + ``(iii) if not used by the employee before the end of the + 12-month period (as referred to in subsection (a)(1)) to which + it relates, shall not accumulate for any subsequent use. + ``(E) Nothing in this paragraph shall be construed to modify + the requirement to complete at least 12 months of service as an + employee (within the meaning of section 6381(1)(A)) before the date + of the applicable birth or placement involved to be eligible for + paid parental leave under subparagraph (B)(i) of this paragraph. + ``(F)(i) An employee may not take leave under this paragraph + unless the employee agrees (in writing), before the commencement of + such leave, to work for the applicable employing agency for not + less than a period of 12 weeks beginning on the date such leave + concludes. + ``(ii) The head of the agency shall waive the requirement in + clause (i) in any instance where the employee is unable to return + to work because of the continuation, recurrence, or onset of a + serious health condition (including mental health), related to the + applicable birth or placement of a child, of the employee or the + child. + ``(iii) The head of the employing agency may require that an + employee who claims to be unable to return to work because of a + health condition described under clause (ii) provide certification + supporting such claim by the health care provider of the employee + or the child (as the case may be). The employee shall provide such + certification to the head in a timely manner. + ``(G)(i) If an employee fails to return from paid leave + provided under this paragraph after the date such leave concludes, + the employing agency may recover, from such employee, an amount + equal to the total amount of Government contributions paid by the + agency under section 8906 on behalf of the employee for maintaining + such employee's health coverage under chapter 89 during the period + of such leave. + ``(ii) Clause (i) shall not apply to any employee who fails to + return from such leave due to-- + ``(I) the continuation, recurrence, or onset of a serious + health condition as described under, and consistent with the + requirements of, subparagraph (F); or + ``(II) any other circumstance beyond the control of the + employee.''. + (b) Conforming Amendments.--Section 6382(a) is amended-- + (1) in paragraph (1), in the matter preceding subparagraph (A) + by inserting ``and subsection (d)(2) of this section'' after + ``section 6383''; and + (2) in paragraph (4), by striking ``During'' and inserting + ``Subject to subsection (d)(2), during''. + (c) Effective Date.--The amendments made by this section shall not +be effective with respect to any birth or placement occurring before +October 1, 2020. +SEC. 7603. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES. + (a) Amendments to Congressional Accountability Act.--Section 202 of +the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is +amended-- + (1) in subsection (a)(1), by adding at the end the following: + ``In applying section 102 of such Act with respect to leave for an + event described in subsection (a)(1)(A) or (B) of such section to + covered employees, subsection (d) of this section shall apply. + Paragraphs (1) and (4) of section 102(a) of such Act shall be + subject to subsection (d) of this section.''; + (2) by redesignating subsections (d) and (e) as subsections (e) + and (f), respectively; and + (3) by inserting after subsection (c) the following: + ``(d) Special Rule for Paid Parental Leave.-- + ``(1) Substitution of paid leave.--A covered employee may elect + to substitute for any leave without pay under subparagraph (A) or + (B) of section 102(a)(1) of the Family and Medical Leave Act of + 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to + such employee for that purpose. + ``(2) Amount of paid leave.--The paid leave that is available + to a covered employee for purposes of paragraph (1) is-- + ``(A) the number of weeks of paid parental leave in + connection with the birth or placement involved that + corresponds to the number of administrative workweeks of paid + parental leave available to employees under section + 6382(d)(2)(B)(i) of title 5, United States Code; and + ``(B) during the 12-month period referred to in section + 102(a)(1) of the Family and Medical Leave Act of 1993 (29 + U.S.C. 2612(a)(1)) and in addition to the administrative + workweeks described in subparagraph (A), any additional paid + vacation, personal, family, medical, or sick leave provided by + the employing office to such employee. + ``(3) Limitation.--Nothing in this section or section + 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. + 2612(d)(2)(A)) shall be considered to require or permit an + employing office to require that an employee first use all or any + portion of the leave described in paragraph (2)(B) before being + allowed to use the paid parental leave described in paragraph + (2)(A). + ``(4) Additional rules.--Paid parental leave under paragraph + (2)(A)-- + ``(A) shall be payable from any appropriation or fund + available for salaries or expenses for positions within the + employing office; + ``(B) if not used by the covered employee before the end of + the 12-month period (as referred to in section 102(a)(1) of the + Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to + which it relates, shall not accumulate for any subsequent use; + and + ``(C) shall apply without regard to the limitations in + subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5, + United States Code, or section 104(c)(2) of the Family and + Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).''. + (b) Conforming Amendment.--Section 202(a)(2) of the Congressional +Accountability Act of 1995 (2 U.S.C. 1312(a)(2)) is amended by adding +at the end the following: ``The requirements of subparagraph (B) shall +not apply with respect to leave under subparagraph (A) or (B) of +section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 +U.S.C. 2612(a)(1)).''. + (c) Effective Date.--The amendments made by this section shall not +be effective with respect to any birth or placement occurring before +October 1, 2020. +SEC. 7604. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO +AND LIBRARY OF CONGRESS EMPLOYEES. + (a) Amendment to Family and Medical Leave Act of 1993.--Section 102 +of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is +amended-- + (1) in subsection (a)-- + (A) in paragraph (1), by inserting ``and subsection + (d)(3)'' after ``section 103''; and + (B) in paragraph (4), by striking ``During'' and inserting + ``Subject to subsection (d)(3), during''; and + (2) in subsection (d), by adding at the end the following: + ``(3) Special rule for gao employees.-- + ``(A) Substitution of paid leave.--An employee of the + Government Accountability Office may elect to substitute for + any leave without pay under subparagraph (A) or (B) of + subsection (a)(1) any paid leave which is available to such + employee for that purpose. + ``(B) Amount of paid leave.--The paid leave that is + available to an employee of the Government Accountability + Office for purposes of subparagraph (A) is-- + ``(i) the number of weeks of paid parental leave in + connection with the birth or placement involved that + corresponds to the number of administrative workweeks of + paid parental leave available to employees under section + 6382(d)(2)(B)(i) of title 5, United States Code; and + ``(ii) during the 12-month period referred to in + section 102(a)(1) and in addition to the administrative + workweeks described in clause (i), any additional paid + vacation, personal, family, medical, or sick leave provided + by such employer. + ``(C) Limitation.--Nothing in this section shall be + considered to require or permit an employer to require that an + employee first use all or any portion of the leave described in + subparagraph (B)(ii) before being allowed to use the paid + parental leave described in clause (i) of subparagraph (B). + ``(D) Additional rules.--Paid parental leave under + subparagraph (B)(i)-- + ``(i) shall be payable from any appropriation or fund + available for salaries or expenses for positions with the + Government Accountability Office; + ``(ii) if not used by the employee of such employer + before the end of the 12-month period (as referred to in + subsection (a)(1)) to which it relates, shall not + accumulate for any subsequent use; and + ``(iii) shall apply without regard to the limitations + in subparagraph (E), (F), or (G) of section 6382(d)(2) of + title 5, United States Code or section 104(c)(2) of this + Act. + ``(4) Special rule for library of congress employees.-- + Consistent with section 101(a)(3)(J) of the Congressional + Accountability Act of 1995 (2 U.S.C. 1301(a)(3)(J)), the rights and + protections established by sections 101 through 105, including + section 102(d)(3), shall apply to employees of the Library of + Congress under section 202 of that Act (2 U.S.C. 1312).''. + (b) Conforming Amendment.--Section 101(2) of the Family and Medical +Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end +the following: + ``(E) GAO employees.--In the case of an employee of the + Government Accountability Office, the requirements of + subparagraph (A) shall not apply with respect to leave under + section 102(a)(1)(A) or (B).''. + (c) Effective Date.--The amendments made by this section shall not +be effective with respect to any birth or placement occurring before +October 1, 2020. +SEC. 7605. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND +RESERVES. + (a) Executive Branch Employees.--For purposes of determining the +eligibility of an employee who is a member of the National Guard or +Reserves to take leave under section 6382(a) of title 5, United States +Code, or to substitute such leave pursuant to subsection (d)(2)(A) of +section 6382 of such title (as added by section 1102), any service by +such employee on active duty (as defined in section 6381(7) of such +title) shall be counted as service as an employee for purposes of +section 6381(1)(B) of such title. + (b) Congressional Employees.--For purposes of determining the +eligibility of a covered employee (as such term is defined in section +101(3) of the Congressional Accountability Act) who is a member of the +National Guard or Reserves to take leave under section 102(a) of the +Family and Medical Leave Act of 1993 (pursuant to section 202(a)(1) of +the Congressional Accountability Act), any service by such employee on +active duty (as defined in section 101(14) of the Family and Medical +Leave Act of 1993) shall be counted as time during which such employee +has been employed in an employing office for purposes of section +202(a)(2)(B) of the Congressional Accountability Act. + (c) Gao and Library of Congress Employees.--For purposes of +determining the eligibility of an employee of the Government +Accountability Office or Library of Congress who is a member of the +National Guard or Reserves to take leave under section 102(a) of the +Family and Medical Leave Act of 1993, any service by such employee on +active duty (as defined in section 101(14) of such Act) shall be +counted as time during which such employee has been employed for +purposes of section 101(2)(A) of such Act. +SEC. 7606. CONFORMING AMENDMENT FOR CERTAIN TSA EMPLOYEES. + Section 111(d)(2) of the Aviation and Transportation Security Act +(49 U.S.C. 44935 note) is amended to read as follows: + ``(2) Exceptions.-- + ``(A) Reemployment.--In carrying out the functions + authorized under paragraph (1), the Under Secretary shall be + subject to the provisions set forth in chapter 43 of title 38, + United States Code. + ``(B) Leave.--The provisions of subchapter V of chapter 63 + of title 5, United States Code, shall apply to any individual + appointed under paragraph (1) as if such individual were an + employee (within the meaning of subparagraph (A) of section + 6381(1) of such title).''. - AN ACT + Subtitle B--Other Matters - 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. +SEC. 7611. 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 two 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 one or more absences from the United States for one or + more periods amounting, in the aggregate, of 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'' endorsement 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. +SEC. 7612. PENSACOLA DAM AND RESERVOIR, GRAND RIVER, OKLAHOMA. + (a) Definitions.--In this section: + (1) Commission.--The term ``Commission'' means the Federal + Energy Regulatory Commission. + (2) Conservation pool.--The term ``conservation pool'' means + all land and water of Grand Lake O' the Cherokees, Oklahoma, below + the flood pool. + (3) Flood pool.--The term ``flood pool'' means all land and + water of Grand Lake O' the Cherokees, Oklahoma, allocated for flood + control or navigation by the Secretary pursuant to section 7 of the + Flood Control Act of 1944 (33 U.S.C. 709). + (4) Project.--The term ``project'' means the Pensacola + Hydroelectric Project (FERC No. 1494). + (5) Secretary.--The term ``Secretary'' means the Secretary of + the Army. + (b) Conservation Pool Management.-- + (1) Federal land.--Notwithstanding section 3(2) of the Federal + Power Act (16 U.S.C. 796(2)), any Federal land within the project + boundary, including any right, title, or interest in or to land + held by the United States for any purpose, shall not-- + (A) be subject to the first proviso in section 4(e) of the + Federal Power Act (16 U.S.C. 797(e)); or + (B) be considered to be-- + (i) land or other property of the United States for + purposes of recompensing the United States for the use, + occupancy, or enjoyment of the land under section 10(e)(1) + of that Act (16 U.S.C. 803(e)(1)); or + (ii) land of the United States for purposes of section + 24 of that Act (16 U.S.C. 818). + (2) License conditions.-- + (A) In general.--Except as may be required by the Secretary + to carry out responsibilities under section 7 of the Flood + Control Act of 1944 (33 U.S.C. 709), the Commission or any + other Federal or State agency shall not include in any license + for the project any condition or other requirement relating + to-- + (i) surface elevations of the conservation pool; or + (ii) the flood pool (except to the extent it references + flood control requirements prescribed by the Secretary). + (B) Exception.--Notwithstanding subparagraph (A), the + project shall remain subject to the Commission's rules and + regulations for project safety and protection of human health. + (3) Project scope.-- + (A) Licensing jurisdiction.--The licensing jurisdiction of + the Commission for the project shall not extend to any land or + water outside the project boundary. + (B) Outside infrastructure.--Any land, water, or physical + infrastructure or other improvement outside the project + boundary shall not be considered to be part of the project. + (C) Boundary jurisdiction amendments.--The Commission may, + consistent with the requirements of the Federal Power Act, + amend the project boundary, only with the expressed written + agreement of the project licensee. If the licensee does not + agree to a project boundary change proposed by the Commission, + the purposes and requirements of part I of the Federal Power + Act (16 U.S.C. 791a et seq.) shall be deemed to be satisfied + without the Commission's proposed boundary or jurisdiction + change. + (c) Exclusive Jurisdiction of Flood Pool Management.--The Secretary +shall have exclusive jurisdiction and responsibility for management of +the flood pool for flood control operations at Grand Lake O' the +Cherokees. + (d) Study of Upstream Infrastructure.--Not later than 90 days after +the date of the enactment of this Act, the Secretary shall initiate a +study of infrastructure and lands upstream from the project to evaluate +resiliency to flooding. Not later than one year after initiating the +study, the Secretary shall issue a report advising local communities +and State departments of transportation of any identified deficiencies +and potential mitigation options. + (e) Savings Provision.--Nothing in this section affects, with +respect to the project-- + (1) any authority or obligation of the Secretary or the Chief + of Engineers pursuant to section 2 of the Act of June 28, 1938 + (commonly known as the ``Flood Control Act of 1938'') (33 U.S.C. + 701c-1); + (2) any authority of the Secretary or the Chief of Engineers + pursuant to section 7 of the Act of December 22, 1944 (commonly + known as the ``Flood Control Act of 1944'') (33 U.S.C. 709); + (3) any obligation of the United States to obtain flowage or + other property rights pursuant to the Act of July 31, 1946 (60 + Stat. 743, chapter 710); + (4) any obligation of the United States to acquire flowage or + other property rights for additional reservoir storage pursuant to + Executive Order 9839 (12 Fed. Reg. 2447; relating to the Grand + River Dam Project); + (5) any authority of the Secretary to acquire real property + interest pursuant to section 560 of the Water Resources Development + Act of 1996 (Public Law 104-303; 110 Stat. 3783); + (6) any obligation of the Secretary to conduct and pay the cost + of a feasibility study pursuant to section 449 of the Water + Resources Development Act of 2000 (Public Law 106-541; 114 Stat. + 2641); + (7) the National Flood Insurance Program established under the + National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), + including any policy issued under that Act; or + (8) any disaster assistance made available under the Robert T. + Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5121 et seq.) or other Federal disaster assistance program. +SEC. 7613. 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 + foreign country included on the priority watch list defined + in subsection (g)(3) 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) Special rules.-- + ``(A) Parties to executed contracts.--This subsection, + including the certification requirement under paragraph (4), + shall not apply to the award of any 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 executed + a contract for rail rolling stock before the date of enactment + of this subsection. + ``(B) Rolling stock.--Except as provided in subparagraph + (C) and for a contract or subcontract that is not described in + subparagraph (A), 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 any rolling stock manufacturer for the 2-year + period beginning on or after the date of enactment of this + subsection. + ``(C) Exception.--Subparagraph (B) shall not apply to the + award of a contract or subcontract made by the Washington + Metropolitan Area Transit Authority. + ``(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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 173ca8edc9e987591c4701e23ec54a38d0a5cd20 Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 842/984] Senate-1822: Introduced to Senate --- bills_text/Senate-1822.txt | 332 +++++++++++++++++++++++++++++++++++++ 1 file changed, 332 insertions(+) create mode 100644 bills_text/Senate-1822.txt diff --git a/bills_text/Senate-1822.txt b/bills_text/Senate-1822.txt new file mode 100644 index 0000000..f740af0 --- /dev/null +++ b/bills_text/Senate-1822.txt @@ -0,0 +1,332 @@ +116th CONGRESS + 1st Session + S. 1822 + + To require the Federal Communications Commission to issue rules +relating to the collection of data with respect to the availability of + broadband services, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 12, 2019 + + Mr. Wicker (for himself, Mr. Peters, Mr. Thune, and Ms. Klobuchar) +introduced the following bill; which was read twice and referred to the + Committee on Commerce, Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To require the Federal Communications Commission to issue rules +relating to the collection of data with respect to the availability of + broadband services, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Broadband Deployment Accuracy and +Technological Availability Act'' or the ``Broadband DATA Act''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Broadband internet access service.--The term + ``broadband internet access service'' has the meaning given the + term in section 8.1(b) of title 47, Code of Federal + Regulations, or any successor regulation. + (2) Cell edge probability.--The term ``cell edge + probability'' means the likelihood that the minimum threshold + download and upload speeds with respect to broadband internet + access service will be met or exceeded at a distance from a + base station that is intended to indicate the ultimate edge of + the coverage area of a cell. + (3) Cell loading.--The term ``cell loading'' means the + percentage of the available air interface resources of a base + station that are used by consumers with respect to broadband + internet access service. + (4) Clutter.--The term ``clutter'' means a natural or man- + made surface feature that affects the propagation of a signal + from a base station. + (5) Commission.--The term ``Commission'' means the Federal + Communications Commission. + (6) Fabric.--The term ``Fabric'' means the Broadband + Serviceable Location Fabric established under section + 3(b)(1)(B). + (7) Form 477.--The term ``Form 477'' means Form 477 of the + Commission relating to local telephone competition and + broadband reporting. + (8) Mobility fund phase ii.--The term ``Mobility Fund Phase + II'' means the second phase of the proceeding to provide + universal service support from the Mobility Fund (WC Docket No. + 10-90; WT Docket No. 10-208). + (9) Propagation model.--The term ``propagation model'' + means a mathematical formulation for the characterization of + radio wave propagation as a function of frequency, distance, + and other conditions. + (10) Provider.--The term ``provider'' means a provider of + fixed or mobile broadband internet access service. + (11) Shapefile.--The term ``shapefile'' means a digital + storage format containing geospatial or location-based data and + attribute information-- + (A) regarding the availability of broadband + internet access service; and + (B) that can viewed, edited, and mapped in + geographic information system software. + (12) Standard broadband installation.--The term ``standard + broadband installation''-- + (A) means the initiation by a provider of new fixed + broadband internet access service with no charges or + delays attributable to the extension of the network of + the provider; and + (B) includes the initiation of fixed broadband + internet access service through routine installation + that can be completed not later than 10 business days + after the date on which the service request is + submitted. + +SEC. 3. BROADBAND MAPS. + + (a) Rules.-- + (1) In general.--Not later than 180 days after the date of + enactment of this Act, the Commission shall issue final rules + that shall-- + (A) allow for the collection by the Commission of + granular data-- + (i) relating to the availability of + terrestrial fixed, fixed wireless, satellite, + and mobile broadband internet access service; + and + (ii) that the Commission shall use to + compile maps that depict the availability + described in clause (i) (referred to in this + section as ``coverage maps''), which the + Commission shall make publicly available; and + (B) establish the challenge process described in + subsection (b)(4). + (2) Other data.--In issuing the rules under paragraph (1), + the Commission shall consider whether to collect verified + coverage data from-- + (A) State, local, and Tribal governmental entities + that are primarily responsible for mapping or tracking + broadband internet access service coverage for a State, + unit of local government, or Indian Tribe, as + applicable; and + (B) other sources. + (3) Updates.--The Commission shall revise the rules issued + under paragraph (1) to-- + (A) reflect changes in technology; + (B) ensure the accuracy of propagation models; or + (C) verify the accuracy of data submitted under + subsection (b)(2). + (b) Content of Rules.-- + (1) Establishment of a serviceable location fabric + regarding fixed broadband.--The rules issued by the Commission + under subsection (a)(1) shall-- + (A) require the Commission to engage with an entity + with expertise with respect to geographic information + systems (referred to in this subsection as ``GIS'') to + create a common dataset of all locations in the United + States where fixed broadband internet access service + can be installed, as determined by the Commission; + (B) establish the Broadband Serviceable Location + Fabric, which shall-- + (i) subject to subparagraph (C), contain + geocoded information for each location + identified under clause (i); + (ii) serve as the foundation upon which all + data relating to the availability of fixed + broadband internet access service collected + under paragraph (2)(A) shall be overlaid; + (iii) be compatible with commonly used GIS + software; and + (iv) at a minimum, be updated annually by + the Commission to ensure that GIS location data + is continuously improved and current; and + (C) prioritize implementing the Fabric for rural + areas of the United States before implementing the + Fabric for urban and suburban areas of the United + States. + (2) Collection of information.--The rules issued by the + Commission under subsection (a)(1) shall provide that the + Commission shall collect-- + (A) from each provider of terrestrial fixed, fixed + wireless, or satellite broadband internet access + service, data that-- + (i) allows for an understanding of where a + standard broadband installation can occur; + (ii) includes information regarding the + download and upload speeds with respect to + broadband internet access service that the + provider makes available; + (iii) can be georeferenced to the GIS data + in the Fabric regarding the service area of the + provider; and + (iv) the provider shall report as-- + (I) with respect to providers of + fixed wireless broadband internet + access service-- + (aa) propagation maps and + propagation model details + that-- + + (AA) satisfy + standards that are + similar to those + applicable to providers + of mobile broadband + internet access service + under subparagraph (B) + with respect to + propagation maps and + propagation model + details; and + + (BB) reflect the + actual speeds and + latency asserted by the + provider; or + + (bb) a list of addresses or + locations that constitute the + service area of the provider, + except that the Commission may + only permit, and not require, a + provider to report the data + using that means of reporting; + and + (II) with respect to providers of + terrestrial fixed and satellite + broadband internet access service-- + (aa) polygon shapefiles; or + (bb) a list of addresses or + locations that constitute the + service area of the provider, + except that the Commission may + only permit, and not require, a + provider to report the data + using that means of reporting; + and + (B) from each provider of mobile broadband internet + access service, propagation maps and propagation model + details that-- + (i) indicate the current (as of the date on + which the information is collected) mobile + broadband internet access service coverage of + the provider, taking into consideration the + effect of clutter; and + (ii) satisfy minimum standards relating to + speed, cell edge probability, and cell loading + that exceed the standards that providers of + mobile broadband internet access service were + required to satisfy when making submissions + under the Mobility Fund Phase II information + collection. + (3) Certification.--With respect to a provider that submits + information to the Commission under paragraph (2)-- + (A) the provider shall include in each submission a + certification from a senior executive of the provider + that the senior executive has examined the information + contained in the submission and that, to the best of + the executive's knowledge, information, and belief, all + statements of fact contained in the submission are true + and correct; and + (B) the Commission shall verify the accuracy of the + information in accordance with measures established by + the Commission. + (4) Challenge process.-- + (A) In general.--In the rules issued under + subsection (a), and subject to subparagraph (B), the + Commission shall establish a user-friendly challenge + process through which consumers, State, local, and + Tribal governmental entities, and other entities may + submit coverage data to the Commission to challenge the + coverage maps. + (B) Considerations; verification; response to + challenges.--In establishing the challenge process + required under subparagraph (A), the Commission shall-- + (i) consider-- + (I) the information that an entity + submitting a challenge under that + process should be permitted to provide + to the Commission; + (II) the appropriate level of + granularity with respect to the + information submitted by an entity + described in subclause (I); + (III) the time and expense incurred + by consumers and providers in + challenging the accuracy of a coverage + map; and + (IV) the costs to consumers and + providers resulting from a + misallocation of funds for a period of + more than 1 year because of a reliance + on outdated or otherwise inaccurate + information; + (ii) include a process for verifying the + data submitted through the challenge process in + order to ensure the reliability of that data; + and + (iii) allow providers to respond to + challenges submitted through the challenge + process. + (C) Use of challenges.--The Commission shall use + data submitted through the challenge process + established under subparagraph (A) to evaluate the + accuracy of the coverage maps and update the maps as + the Commission adjudicates challenges brought through + that process. + (5) Reform of form 477 process.--Not later than 180 days + after the date on which the rules issued under subsection (a) + take effect, the Commission shall reform-- + (A) the Form 477 broadband deployment service + availability collection process of the Commission; and + (B) duplicative reporting requirements and + procedures regarding the availability of broadband + internet access service that, as of that date, are in + effect. + (c) Maps.--The Commission shall-- + (1) compile-- + (A) a map that depicts the availability of fixed + broadband internet access service, which shall reflect + data collected by the Commission from providers under + subsection (b)(2)(A), as refined and modified through + the adjudication of challenges submitted under + subsection (b)(4); and + (B) a map that depicts the availability of mobile + broadband internet access service, which shall reflect + data collected by the Commission from providers under + subsection (b)(2)(B), as refined and modified through + the adjudication of challenges submitted under + subsection (b)(4); + (2) use the coverage maps-- + (A) to determine the areas in which broadband + internet access service is and is not available; and + (B) before making any award of funding with respect + to the deployment of broadband internet access service; + and + (3) update the coverage maps not less frequently than + annually using the most recent data collected from providers + under subsection (b)(2). + +SEC. 4. ENFORCEMENT. + + (a) In General.--It shall be unlawful for a person to willfully and +knowingly submit information or data under this Act that is inaccurate +with respect to the availability of broadband internet access service. + (b) Penalty.--Any person that violates subsection (a) shall be +subject to an appropriate penalty, as determined by the Commission, +under-- + (1) the Communications Act of 1934 (47 U.S.C. 151 et seq.), + including section 501 of that Act (47 U.S.C. 501); and + (2) the rules of the Commission. + \ No newline at end of file From 429cfb06828584f78314dac0ff0ad037a0ae36e7 Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 843/984] Senate-1822: Engrossed in Senate --- bills_text/Senate-1822.txt | 945 +++++++++++++++++++++++++++---------- 1 file changed, 694 insertions(+), 251 deletions(-) diff --git a/bills_text/Senate-1822.txt b/bills_text/Senate-1822.txt index f740af0..9c1852d 100644 --- a/bills_text/Senate-1822.txt +++ b/bills_text/Senate-1822.txt @@ -2,25 +2,9 @@ 1st Session S. 1822 - To require the Federal Communications Commission to issue rules -relating to the collection of data with respect to the availability of - broadband services, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - June 12, 2019 - - Mr. Wicker (for himself, Mr. Peters, Mr. Thune, and Ms. Klobuchar) -introduced the following bill; which was read twice and referred to the - Committee on Commerce, Science, and Transportation - _______________________________________________________________________ - A BILL + AN ACT @@ -36,149 +20,271 @@ SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Deployment Accuracy and Technological Availability Act'' or the ``Broadband DATA Act''. -SEC. 2. DEFINITIONS. +SEC. 2. BROADBAND DATA. + + The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended +by adding at the end the following: + + ``TITLE VIII--BROADBAND DATA + +``SEC. 801. DEFINITIONS. - In this Act: - (1) Broadband internet access service.--The term - ``broadband internet access service'' has the meaning given the + ``In this title: + ``(1) Broadband internet access service.--The term + `broadband internet access service' has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. - (2) Cell edge probability.--The term ``cell edge - probability'' means the likelihood that the minimum threshold + ``(2) Broadband map.--The term `Broadband Map' means the + map created by the Commission under section 802(c)(1)(A). + ``(3) Cell edge probability.--The term `cell edge + probability' means the likelihood that the minimum threshold download and upload speeds with respect to broadband internet access service will be met or exceeded at a distance from a base station that is intended to indicate the ultimate edge of the coverage area of a cell. - (3) Cell loading.--The term ``cell loading'' means the + ``(4) Cell loading.--The term `cell loading' means the percentage of the available air interface resources of a base station that are used by consumers with respect to broadband internet access service. - (4) Clutter.--The term ``clutter'' means a natural or man- + ``(5) Clutter.--The term `clutter' means a natural or man- made surface feature that affects the propagation of a signal from a base station. - (5) Commission.--The term ``Commission'' means the Federal - Communications Commission. - (6) Fabric.--The term ``Fabric'' means the Broadband + ``(6) Fabric.--The term `Fabric' means the Broadband Serviceable Location Fabric established under section - 3(b)(1)(B). - (7) Form 477.--The term ``Form 477'' means Form 477 of the + 802(b)(1)(B). + ``(7) Form 477.--The term `Form 477' means Form 477 of the Commission relating to local telephone competition and broadband reporting. - (8) Mobility fund phase ii.--The term ``Mobility Fund Phase - II'' means the second phase of the proceeding to provide + ``(8) Indian tribe.--The term `Indian Tribe' has the + meaning given the term `Indian tribe' in section 4 of the + Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304). + ``(9) Mobility fund phase ii.--The term `Mobility Fund + Phase II' means the second phase of the proceeding to provide universal service support from the Mobility Fund (WC Docket No. 10-90; WT Docket No. 10-208). - (9) Propagation model.--The term ``propagation model'' + ``(10) Propagation model.--The term `propagation model' means a mathematical formulation for the characterization of radio wave propagation as a function of frequency, distance, and other conditions. - (10) Provider.--The term ``provider'' means a provider of + ``(11) Provider.--The term `provider' means a provider of fixed or mobile broadband internet access service. - (11) Shapefile.--The term ``shapefile'' means a digital + ``(12) Quality of service.--The term `quality of service' + means, with respect to broadband internet access service, the + download and upload speeds (and, for relevant services, + latency) with respect to that service, as determined by, and to + the extent otherwise collected by, the Commission. + ``(13) Shapefile.--The term `shapefile' means a digital storage format containing geospatial or location-based data and attribute information-- - (A) regarding the availability of broadband + ``(A) regarding the availability of broadband internet access service; and - (B) that can viewed, edited, and mapped in + ``(B) that can be viewed, edited, and mapped in geographic information system software. - (12) Standard broadband installation.--The term ``standard - broadband installation''-- - (A) means the initiation by a provider of new fixed - broadband internet access service with no charges or - delays attributable to the extension of the network of - the provider; and - (B) includes the initiation of fixed broadband + ``(14) Standard broadband installation.--The term `standard + broadband installation'-- + ``(A) means the initiation by a provider of fixed + broadband internet access service in an area in which + the provider has not previously offered that service, + with no charges or delays attributable to the extension + of the network of the provider; and + ``(B) includes the initiation of fixed broadband internet access service through routine installation that can be completed not later than 10 business days after the date on which the service request is submitted. -SEC. 3. BROADBAND MAPS. - - (a) Rules.-- - (1) In general.--Not later than 180 days after the date of - enactment of this Act, the Commission shall issue final rules - that shall-- - (A) allow for the collection by the Commission of - granular data-- - (i) relating to the availability of - terrestrial fixed, fixed wireless, satellite, - and mobile broadband internet access service; - and - (ii) that the Commission shall use to - compile maps that depict the availability - described in clause (i) (referred to in this - section as ``coverage maps''), which the - Commission shall make publicly available; and - (B) establish the challenge process described in - subsection (b)(4). - (2) Other data.--In issuing the rules under paragraph (1), - the Commission shall consider whether to collect verified - coverage data from-- - (A) State, local, and Tribal governmental entities - that are primarily responsible for mapping or tracking - broadband internet access service coverage for a State, - unit of local government, or Indian Tribe, as - applicable; and - (B) other sources. - (3) Updates.--The Commission shall revise the rules issued - under paragraph (1) to-- - (A) reflect changes in technology; - (B) ensure the accuracy of propagation models; or - (C) verify the accuracy of data submitted under - subsection (b)(2). - (b) Content of Rules.-- - (1) Establishment of a serviceable location fabric - regarding fixed broadband.--The rules issued by the Commission - under subsection (a)(1) shall-- - (A) require the Commission to engage with an entity - with expertise with respect to geographic information - systems (referred to in this subsection as ``GIS'') to - create a common dataset of all locations in the United - States where fixed broadband internet access service - can be installed, as determined by the Commission; - (B) establish the Broadband Serviceable Location - Fabric, which shall-- - (i) subject to subparagraph (C), contain - geocoded information for each location - identified under clause (i); - (ii) serve as the foundation upon which all - data relating to the availability of fixed +``SEC. 802. BROADBAND MAPS. + + ``(a) Rules.-- + ``(1) In general.--Not later than 180 days after the date + of enactment of this title, the Commission shall issue final + rules that shall-- + ``(A) require the biannual collection and + dissemination of granular data, as determined by the + Commission-- + ``(i) relating to the availability and + quality of service with respect to terrestrial + fixed, fixed wireless, satellite, and mobile + broadband internet access service; and + ``(ii) that the Commission shall use to + compile the maps created under subsection + (c)(1) (referred to in this section as + `coverage maps'), which the Commission shall + make publicly available; and + ``(B) establish-- + ``(i) processes through which the + Commission can verify the accuracy of data + submitted under subsection (b)(2); + ``(ii) processes and procedures through + which the Commission, and, as necessary, other + entities or individuals submitting non-public + or competitively sensitive information under + this title, can protect the security, privacy, + and confidentiality of that non-public or + competitively sensitive information, + including-- + ``(I) information contained in the + Fabric; + ``(II) the dataset created under + subsection (b)(1)(A) supporting the + Fabric; and + ``(III) the data submitted under + subsection (b)(2); + ``(iii) the challenge process described in + subsection (b)(5); and + ``(iv) the process described in section + 804(b). + ``(2) Other data.--In issuing the rules under paragraph + (1), the Commission shall develop a process through which the + Commission can collect verified data for use in the coverage + maps from-- + ``(A) State, local, and Tribal governmental + entities that are primarily responsible for mapping or + tracking broadband internet access service coverage for + a State, unit of local government, or Indian Tribe, as + applicable; + ``(B) third parties, if the Commission determines + that it is in the public interest to use such data in-- + ``(i) the development of the coverage maps; + or + ``(ii) the verification of data submitted + under subsection (b); and + ``(C) other Federal agencies. + ``(3) Updates.--The Commission shall revise the rules + issued under paragraph (1) to-- + ``(A) reflect changes in technology; + ``(B) ensure the accuracy of propagation models, as + further provided in subsection (b)(3); and + ``(C) improve the usefulness of the coverage maps. + ``(b) Content of Rules.-- + ``(1) Establishment of a serviceable location fabric + regarding fixed broadband.-- + ``(A) Dataset.-- + ``(i) In general.--The Commission shall + create a common dataset of all locations in the + United States where fixed broadband internet + access service can be installed, as determined + by the Commission. + ``(ii) Contracting.-- + ``(I) In general.--Subject to + subclauses (II) and (III), the + Commission may contract with an entity + with expertise with respect to + geographic information systems + (referred to in this subsection as + `GIS') to create and maintain the + dataset under clause (i). + ``(II) Application of the federal + acquisition regulation.--A contract + into which the Commission enters under + subclause (I) shall in all respects + comply with applicable provisions of + the Federal Acquisition Regulation. + ``(III) Limitations.--With respect + to a contract into which the Commission + enters under subclause (I)-- + ``(aa) the entity with + which the Commission enters + into the contract shall be + selected through a competitive + bid process that is transparent + and open; and + ``(bb) the contract shall + be for a term of not longer + than 5 years, after which the + Commission may enter into a new + contract-- + + ``(AA) with an + entity, and for the + purposes, described in + clause (i); and + + ``(BB) that + complies with the + requirements under + subclause (II) and this + subclause; and + + ``(cc) the contract shall-- + + ``(AA) prohibit the + entity described in + item (aa) from selling, + leasing, or otherwise + disclosing for monetary + consideration any + personally identifiable + information to any + other entity other than + for purposes authorized + under this title; and + + ``(BB) require the + entity described in + item (aa) to include in + any contract with any + other entity a + provision that + prohibits that other + entity from engaging in + an action that is + prohibited under + subitem (AA). + + ``(B) Fabric.--The rules issued by the Commission + under subsection (a)(1) shall establish the Broadband + Serviceable Location Fabric, which shall-- + ``(i) contain geocoded information for each + location identified under subparagraph (A)(i); + ``(ii) serve as the foundation upon which + all data relating to the availability of fixed broadband internet access service collected - under paragraph (2)(A) shall be overlaid; - (iii) be compatible with commonly used GIS - software; and - (iv) at a minimum, be updated annually by - the Commission to ensure that GIS location data - is continuously improved and current; and - (C) prioritize implementing the Fabric for rural - areas of the United States before implementing the - Fabric for urban and suburban areas of the United - States. - (2) Collection of information.--The rules issued by the - Commission under subsection (a)(1) shall provide that the - Commission shall collect-- - (A) from each provider of terrestrial fixed, fixed - wireless, or satellite broadband internet access - service, data that-- - (i) allows for an understanding of where a - standard broadband installation can occur; - (ii) includes information regarding the - download and upload speeds with respect to + under paragraph (2)(A) shall be reported and + overlaid; + ``(iii) be compatible with commonly used + GIS software; and + ``(iv) at a minimum, be updated every 6 + months by the Commission. + ``(C) Implementation priority.--The Commission + shall prioritize implementing the Fabric for rural and + insular areas of the United States. + ``(2) Collection of information.--The rules issued by the + Commission under subsection (a)(1) shall include uniform + standards for the reporting of broadband internet access + service data that the Commission shall collect-- + ``(A) from each provider of terrestrial fixed, + fixed wireless, or satellite broadband internet access + service, which shall include data that-- + ``(i) documents the areas where the + provider-- + ``(I) has actually built out the + broadband network infrastructure of the + provider such that the provider is able + to provide that service; and + ``(II) could provide that service, + as determined by identifying where the + provider is capable of performing a + standard broadband installation, if + applicable; + ``(ii) includes information regarding + download and upload speeds, at various + thresholds established by the Commission, and, + if applicable, latency with respect to broadband internet access service that the provider makes available; - (iii) can be georeferenced to the GIS data - in the Fabric regarding the service area of the - provider; and - (iv) the provider shall report as-- - (I) with respect to providers of + ``(iii) can be georeferenced to the GIS + data in the Fabric; + ``(iv) the provider shall report as-- + ``(I) with respect to providers of fixed wireless broadband internet access service-- - (aa) propagation maps and + ``(aa) propagation maps and propagation model details that-- - (AA) satisfy + ``(AA) satisfy standards that are similar to those applicable to providers @@ -188,145 +294,482 @@ SEC. 3. BROADBAND MAPS. with respect to propagation maps and propagation model - details; and - - (BB) reflect the - actual speeds and - latency asserted by the - provider; or - - (bb) a list of addresses or - locations that constitute the - service area of the provider, - except that the Commission may - only permit, and not require, a - provider to report the data - using that means of reporting; - and - (II) with respect to providers of + details, taking into + account material + differences between + fixed wireless and + mobile broadband + internet access + service; and + + ``(BB) reflect the + speeds and latency of + the service provided by + the provider; or + + ``(bb) a list of addresses + or locations that constitute + the service area of the + provider, except that the + Commission-- + + ``(AA) may only + permit, and not + require, a provider to + report the data using + that means of + reporting; and + + ``(BB) in the rules + issued under subsection + (a)(1), shall provide a + method for using that + means of reporting with + respect to Tribal + areas; and + + ``(II) with respect to providers of terrestrial fixed and satellite broadband internet access service-- - (aa) polygon shapefiles; or - (bb) a list of addresses or - locations that constitute the - service area of the provider, - except that the Commission may - only permit, and not require, a - provider to report the data - using that means of reporting; - and - (B) from each provider of mobile broadband internet - access service, propagation maps and propagation model - details that-- - (i) indicate the current (as of the date on - which the information is collected) mobile - broadband internet access service coverage of - the provider, taking into consideration the - effect of clutter; and - (ii) satisfy minimum standards relating to - speed, cell edge probability, and cell loading - that exceed the standards that providers of - mobile broadband internet access service were - required to satisfy when making submissions - under the Mobility Fund Phase II information - collection. - (3) Certification.--With respect to a provider that submits - information to the Commission under paragraph (2)-- - (A) the provider shall include in each submission a - certification from a senior executive of the provider - that the senior executive has examined the information + ``(aa) polygon shapefiles; + or + ``(bb) a list of addresses + or locations that constitute + the service area of the + provider, except that the + Commission-- + + ``(AA) may only + permit, and not + require, a provider to + report the data using + that means of + reporting; and + + ``(BB) in the rules + issued under subsection + (a)(1), shall provide a + method for using that + means of reporting with + respect to Tribal + areas; and + + ``(v) the Commission determines is + appropriate with respect to certain + technologies in order to ensure that the + Broadband Map is granular and accurate; and + ``(B) from each provider of mobile broadband + internet access service, which shall include + propagation maps and propagation model details that + indicate the current (as of the date on which the + information is collected) fourth generation Long-Term + Evolution (commonly referred to as `4G LTE') mobile + broadband internet access service coverage of the + provider, which shall-- + ``(i) take into consideration the effect of + clutter; and + ``(ii) satisfy-- + ``(I) the requirements of having-- + ``(aa) a download speed of + not less than 5 megabits per + second and an upload speed of + not less than 1 megabit per + second with a cell edge + probability of not less than 90 + percent; and + ``(bb) cell loading of not + less than 50 percent; and + ``(II) any other parameter that the + Commission determines to be necessary + to create a map under subsection + (c)(1)(C) that is more precise than the + map produced as a result of the + submissions under the Mobility Fund + Phase II information collection. + ``(3) Update of reporting standards for mobile broadband + internet access service.--For the purposes of paragraph (2)(B), + if the Commission determines that the reporting standards under + that paragraph are insufficient to collect accurate propagation + maps and propagation model details with respect to future + generations of mobile broadband internet access service + technologies, the Commission shall immediately commence a rule + making to adopt new reporting standards with respect to those + technologies that-- + ``(A) shall be the functional equivalent of the + standards required under paragraph (2)(B); and + ``(B) allow for the collection of propagation maps + and propagation model details that are as accurate and + granular as, or more accurate and granular than, the + maps and model details collected by the Commission + under paragraph (2)(B). + ``(4) Certification and verification.--With respect to a + provider that submits information to the Commission under + paragraph (2)-- + ``(A) the provider shall include in each submission + a certification from a corporate officer of the + provider that the officer has examined the information contained in the submission and that, to the best of - the executive's knowledge, information, and belief, all - statements of fact contained in the submission are true - and correct; and - (B) the Commission shall verify the accuracy of the - information in accordance with measures established by - the Commission. - (4) Challenge process.-- - (A) In general.--In the rules issued under + the officer's actual knowledge, information, and + belief, all statements of fact contained in the + submission are true and correct; and + ``(B) the Commission shall verify the accuracy and + reliability of the information in accordance with + measures established by the Commission. + ``(5) Challenge process.-- + ``(A) In general.--In the rules issued under subsection (a), and subject to subparagraph (B), the Commission shall establish a user-friendly challenge process through which consumers, State, local, and - Tribal governmental entities, and other entities may - submit coverage data to the Commission to challenge the - coverage maps. - (B) Considerations; verification; response to + Tribal governmental entities, and other entities or + individuals may submit coverage data to the Commission + to challenge the accuracy of-- + ``(i) the coverage maps; + ``(ii) any information submitted by a + provider regarding the availability of + broadband internet access service; or + ``(iii) the information included in the + Fabric. + ``(B) Considerations; verification; response to challenges.--In establishing the challenge process required under subparagraph (A), the Commission shall-- - (i) consider-- - (I) the information that an entity - submitting a challenge under that - process should be permitted to provide - to the Commission; - (II) the appropriate level of - granularity with respect to the - information submitted by an entity + ``(i) consider-- + ``(I) the types of information that + an entity or individual submitting a + challenge should provide to the + Commission in support of the challenge; + ``(II) the appropriate level of + granularity for the information described in subclause (I); - (III) the time and expense incurred - by consumers and providers in - challenging the accuracy of a coverage - map; and - (IV) the costs to consumers and + ``(III) the need to mitigate the + time and expense incurred by, and the + administrative burdens placed on, + entities or individuals in-- + ``(aa) challenging the + accuracy of a coverage map; and + ``(bb) responding to + challenges described in item + (aa); + ``(IV) the costs to consumers and providers resulting from a - misallocation of funds for a period of - more than 1 year because of a reliance - on outdated or otherwise inaccurate - information; - (ii) include a process for verifying the + misallocation of funds because of a + reliance on outdated or otherwise + inaccurate information in the coverage + maps; + ``(V) any lessons learned from the + challenge process established under + Mobility Fund Phase II, as determined + from comments solicited by the + Commission; and + ``(VI) the need for user-friendly + challenge submission formats that will + promote participation in the challenge + process; + ``(ii) include a process for verifying the data submitted through the challenge process in - order to ensure the reliability of that data; - and - (iii) allow providers to respond to + order to ensure the reliability of that data; + ``(iii) allow providers to respond to challenges submitted through the challenge - process. - (C) Use of challenges.--The Commission shall use - data submitted through the challenge process - established under subparagraph (A) to evaluate the - accuracy of the coverage maps and update the maps as - the Commission adjudicates challenges brought through - that process. - (5) Reform of form 477 process.--Not later than 180 days - after the date on which the rules issued under subsection (a) - take effect, the Commission shall reform-- - (A) the Form 477 broadband deployment service - availability collection process of the Commission; and - (B) duplicative reporting requirements and - procedures regarding the availability of broadband - internet access service that, as of that date, are in - effect. - (c) Maps.--The Commission shall-- - (1) compile-- - (A) a map that depicts the availability of fixed - broadband internet access service, which shall reflect - data collected by the Commission from providers under - subsection (b)(2)(A), as refined and modified through - the adjudication of challenges submitted under - subsection (b)(4); and - (B) a map that depicts the availability of mobile - broadband internet access service, which shall reflect - data collected by the Commission from providers under - subsection (b)(2)(B), as refined and modified through - the adjudication of challenges submitted under - subsection (b)(4); - (2) use the coverage maps-- - (A) to determine the areas in which broadband + process; and + ``(iv) develop an online mechanism, which-- + ``(I) shall be integrated into the + coverage maps; + ``(II) allows for an entity + described in subparagraph (A) to submit + a challenge under the challenge + process; + ``(III) makes challenge data + available in both geographic + information system and non-geographic + information system formats; and + ``(IV) clearly identifies the areas + in which broadband internet access + service is available, and the upload + and download speeds at which that + service is available, as reported to + the Commission under this section. + ``(C) Use of challenges.--The rules issued to + establish the challenge process under subparagraph (A) + shall include-- + ``(i) a process for the speedy resolution + of challenges; and + ``(ii) a process for the regular and + expeditious updating of the coverage maps and + granular data disseminated by the Commission as + challenges are resolved. + ``(D) Report to congress.--Not earlier than 1 year, + and not later than 18 months, after the date on which + the rules issued under subsection (a)(1) take effect, + the Commission shall, after an opportunity for notice + and comment, submit to the Committee on Commerce, + Science, and Transportation of the Senate and the + Committee on Energy and Commerce of the House of + Representatives a report that-- + ``(i) evaluates the challenge process + described in subparagraph (A); and + ``(ii) considers whether the Commission + should commence an inquiry on the need for + other tools to help-- + ``(I) identify potential + inaccuracies in the data relating to + broadband internet access service that + providers report; and + ``(II) improve the accuracy of the + data described in subclause (I). + ``(6) Reform of form 477 process.-- + ``(A) In general.--Not later than 180 days after + the date on which the rules issued under subsection (a) + take effect, the Commission shall-- + ``(i) reform the Form 477 broadband + deployment service availability collection + process of the Commission-- + ``(I) to achieve the purposes of + this title; and + ``(II) in a manner that-- + ``(aa) enables the + comparison of data and maps + produced before the + implementation of this title + with data and coverage maps + produced after the + implementation of this title; + and + ``(bb) maintains the public + availability of data relating + to the deployment of broadband + internet access service; and + ``(ii) harmonize reporting requirements and + procedures regarding the deployment of + broadband internet access service that are in + effect on the day before the date on which the + rules issued under subsection (a)(1) take + effect with those requirements and procedures + in those rules. + ``(B) Continued collection and reporting.--On and + after the date on which the Commission carries out + subparagraph (A), the Commission shall continue to + collect and publicly report subscription data that the + Commission collected through the Form 477 broadband + deployment service availability process, as in effect + on July 1, 2019. + ``(7) Sharing data with ntia.--The Commission shall + establish a process to make the data collected under paragraph + (2) available to the National Telecommunications and + Information Administration. + ``(c) Maps.--The Commission shall-- + ``(1) after consultation with the Federal Geographic Data + Committee established under section 753(a) of the Geospatial + Data Act of 2018, create-- + ``(A) the Broadband Map, which shall depict-- + ``(i) the extent of the availability of + broadband internet access service in the United + States, without regard to whether that service + is fixed broadband internet access service or + mobile broadband internet access service, which + shall be based on data collected by the + Commission from all providers; and + ``(ii) the areas of the United States that + remain unserved by providers; + ``(B) a map that depicts the availability of fixed + broadband internet access service, which shall be based + on data collected by the Commission from providers + under subsection (b)(2)(A); and + ``(C) a map that depicts the availability of mobile + broadband internet access service, which shall be based + on data collected by the Commission from providers + under subsection (b)(2)(B); + ``(2) use the maps created under paragraph (1)-- + ``(A) to determine the areas in which terrestrial + fixed, fixed wireless, mobile, and satellite broadband internet access service is and is not available; and - (B) before making any award of funding with respect - to the deployment of broadband internet access service; - and - (3) update the coverage maps not less frequently than - annually using the most recent data collected from providers - under subsection (b)(2). - -SEC. 4. ENFORCEMENT. - - (a) In General.--It shall be unlawful for a person to willfully and -knowingly submit information or data under this Act that is inaccurate -with respect to the availability of broadband internet access service. - (b) Penalty.--Any person that violates subsection (a) shall be -subject to an appropriate penalty, as determined by the Commission, -under-- - (1) the Communications Act of 1934 (47 U.S.C. 151 et seq.), - including section 501 of that Act (47 U.S.C. 501); and - (2) the rules of the Commission. - \ No newline at end of file + ``(B) when making any new award of funding with + respect to the deployment of broadband internet access + service; + ``(3) update the maps created under paragraph (1) not less + frequently than biannually using the most recent data collected + from providers under subsection (b)(2); + ``(4) consult with-- + ``(A) the Secretary of Agriculture to enable the + Secretary of Agriculture to consult the maps created + under paragraph (1) when considering the awarding of + funds for the deployment of broadband internet access + service under any program administered by the + Administrator of the Rural Utilities Service; and + ``(B) the National Telecommunications and + Information Administration to enable the Administration + to consult the maps created under paragraph (1) when + considering the awarding of funds for the deployment of + broadband internet access service under any future + program administered by the Administration; + ``(5) make available to any Federal agency, upon request, + the maps created under paragraph (1); and + ``(6) make public at an appropriate level of granularity-- + ``(A) the maps created under paragraph (1); and + ``(B) the data collected by the Commission with + respect to the availability of broadband internet + access service and the quality of service with respect + to broadband internet access service. + ``(d) Delayed Effective Date for Quality of Service Rules.--Any +requirement of a rule issued under subsection (a)(1) that relates to +quality of service shall take effect not earlier than the date that is +180 days after the date on which the Commission issues that rule. + +``SEC. 803. ENFORCEMENT. + + ``It shall be unlawful for an entity or individual to willfully and +knowingly, or recklessly, submit information or data under this title +that is materially inaccurate or incomplete with respect to the +availability of broadband internet access service or the quality of +service with respect to broadband internet access service. + +``SEC. 804. IMPROVING DATA ACCURACY. + + ``(a) Audits.--The Commission shall conduct regular audits of +information submitted to the Commission by providers under section +802(b)(2) to ensure that the providers are complying with this title. + ``(b) Crowdsourcing.-- + ``(1) In general.--The Commission shall develop a process + through which entities or individuals in the United States may + submit specific information about the deployment and + availability of broadband internet access service in the United + States on an ongoing basis so that the information may be used + to verify and supplement information provided by providers of + broadband internet access service for inclusion in the maps + created under section 802(c)(1). + ``(2) Collaboration.--As part of the efforts of the + Commission to facilitate the ability of entities and + individuals to submit information under paragraph (1), the + Commission shall-- + ``(A) prioritize the consideration of data provided + by data collection applications used by consumers that + the Commission has determined-- + ``(i) are highly reliable; and + ``(ii) have proven methodologies for + determining network coverage and network + performance; + ``(B) not later than 1 year after the date of + enactment of this title, conclude a process that tests + the feasibility of partnering with Federal agencies + that operate delivery fleet vehicles, including the + United States Postal Service, to facilitate the + collection and submission of information described in + that paragraph; and + ``(C) not later than 14 months after the date of + enactment of this title, publish on the website of the + Commission, and submit to the Committee on Commerce, + Science, and Transportation of the Senate and the + Committee on Energy and Commerce of the House of + Representatives, a report regarding the testing + described in subparagraph (B), which shall include-- + ``(i) a determination regarding whether the + partnerships with Federal agencies described in + that subparagraph are able to facilitate the + collection and submission of information + described in paragraph (1); and + ``(ii) any steps that the Commission plans + to take to facilitate the partnerships + described in that subparagraph. + ``(c) Technical Assistance to Indian Tribes.-- + ``(1) In general.--Subject to paragraph (2), the Commission + shall hold workshops for Tribal governments in each of the 12 + Bureau of Indian Affairs regions to provide technical + assistance with the collection and submission of data under + section 802(a)(2). + ``(2) Annual review.--Each year, the Commission, in + consultation with Indian Tribes, shall review the need for + continued workshops required under paragraph (1). + ``(d) Technical Assistance to Small Service Providers.--The +Commission shall establish a process through which a provider that has +fewer than 100,000 active broadband internet access service connections +may request and receive assistance from the Commission with respect to +geographic information system data processing to ensure that the +provider is able to comply with the requirements under section 802(b) +in a timely and accurate manner. + ``(e) Technical Assistance to State, Local, and Tribal Governments +and Consumers.--The Commission shall provide technical assistance to +consumers and State, local, and Tribal governmental entities with +respect to the challenge process established under section 802(b)(5), +which shall include-- + ``(1) detailed tutorials and webinars; and + ``(2) the provision of staff of the Commission to provide + assistance, as needed, throughout the entirety of the challenge + process. + ``(f) GAO Assessment of Fabric Source Data.-- + ``(1) In general.--The Comptroller General of the United + States shall conduct an assessment of key data sources that are + used for purposes of the Fabric to identify and geocode + locations where fixed broadband internet access service can be + installed in order for the Comptroller General to develop + recommendations for how the quality and completeness of those + data sources can be improved as data sources for the Fabric. + ``(2) Sources included.--For the purposes of the assessment + conducted under paragraph (1), the key data sources described + in that paragraph shall include-- + ``(A) any relevant sources of Federal data, + including the National Address Database administered by + the Department of Transportation; + ``(B) State- and county-level digitized parcel + data; and + ``(C) property tax attribute recording. + ``(3) Report.--Not later than 1 year after the date of + enactment of this title, the Comptroller General of the United + States shall submit to the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Energy and + Commerce of the House of Representatives a report that contains + the recommendations developed under paragraph (1). + +``SEC. 805. COST. + + ``(a) USF.--The Commission may not use funds from the universal +service programs of the Commission established under section 254, and +the regulations issued under that section, to pay for any costs +associated with this title. + ``(b) Other Funds.--The Commission may recover costs associated +with this title under section 9 to the extent provided for in an +appropriation Act, as required under subsection (a) of that section. + +``SEC. 806. OTHER PROVISIONS. + + ``(a) OMB.--Notwithstanding any other provision of law, the initial +rule making required under section 802(a)(1) shall be exempt from +review by the Office of Management and Budget. + ``(b) PRA.--Chapter 35 of title 44, United States Code (commonly +known as the `Paperwork Reduction Act') shall not apply to the initial +rule making required under section 802(a)(1). + ``(c) Execution of Responsibilities.--Except as provided in section +802(b)(1)(A)(ii), the Commission-- + ``(1) including the offices of the Commission, shall carry + out the responsibilities assigned to the Commission under this + title; and + ``(2) may not delegate any of the responsibilities assigned + to the Commission under this title to any third party, + including the Universal Service Administrative Company. + ``(d) Reporting.--Each fiscal year, the Commission shall submit to +the Committee on Commerce, Science, and Transportation of the Senate +and the Committee on Energy and Commerce of the House of +Representatives a report that summarizes the implementation of this +title and associated enforcement activities conducted during the +previous fiscal year. + ``(e) Rule of Construction.--If the Commission, before the date of +enactment of this title, has taken an action that, in whole or in part, +implements this title, the Commission shall not be required to revisit +such action to the extent that such action is consistent with this +title.''. + + Passed the Senate December 19, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1822 + +_______________________________________________________________________ + + AN ACT + + To require the Federal Communications Commission to issue rules +relating to the collection of data with respect to the availability of + broadband services, and for other purposes. From a04d076beb8b48cad0a8a5417f7c3c83f15902ec Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 844/984] Senate-1822: Enrolled --- bills_text/Senate-1822.txt | 1271 ++++++++++++++++-------------------- 1 file changed, 567 insertions(+), 704 deletions(-) diff --git a/bills_text/Senate-1822.txt b/bills_text/Senate-1822.txt index 9c1852d..96b5341 100644 --- a/bills_text/Senate-1822.txt +++ b/bills_text/Senate-1822.txt @@ -1,682 +1,562 @@ -116th CONGRESS - 1st Session - S. 1822 + S.1822 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To require the Federal Communications Commission to issue rules -relating to the collection of data with respect to the availability of - broadband services, and for other purposes. +To require the Federal Communications Commission to issue rules relating +to the collection of data with respect to the availability of broadband + services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Broadband Deployment Accuracy and Technological Availability Act'' or the ``Broadband DATA Act''. - SEC. 2. BROADBAND DATA. - The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``TITLE VIII--BROADBAND DATA -``SEC. 801. DEFINITIONS. - + ``SEC. 801. DEFINITIONS. ``In this title: - ``(1) Broadband internet access service.--The term - `broadband internet access service' has the meaning given the - term in section 8.1(b) of title 47, Code of Federal - Regulations, or any successor regulation. - ``(2) Broadband map.--The term `Broadband Map' means the - map created by the Commission under section 802(c)(1)(A). - ``(3) Cell edge probability.--The term `cell edge - probability' means the likelihood that the minimum threshold - download and upload speeds with respect to broadband internet - access service will be met or exceeded at a distance from a - base station that is intended to indicate the ultimate edge of - the coverage area of a cell. - ``(4) Cell loading.--The term `cell loading' means the - percentage of the available air interface resources of a base - station that are used by consumers with respect to broadband - internet access service. - ``(5) Clutter.--The term `clutter' means a natural or man- - made surface feature that affects the propagation of a signal - from a base station. - ``(6) Fabric.--The term `Fabric' means the Broadband - Serviceable Location Fabric established under section - 802(b)(1)(B). - ``(7) Form 477.--The term `Form 477' means Form 477 of the - Commission relating to local telephone competition and - broadband reporting. - ``(8) Indian tribe.--The term `Indian Tribe' has the - meaning given the term `Indian tribe' in section 4 of the - Indian Self-Determination and Education Assistance Act (25 - U.S.C. 5304). - ``(9) Mobility fund phase ii.--The term `Mobility Fund - Phase II' means the second phase of the proceeding to provide - universal service support from the Mobility Fund (WC Docket No. - 10-90; WT Docket No. 10-208). - ``(10) Propagation model.--The term `propagation model' - means a mathematical formulation for the characterization of - radio wave propagation as a function of frequency, distance, - and other conditions. - ``(11) Provider.--The term `provider' means a provider of - fixed or mobile broadband internet access service. - ``(12) Quality of service.--The term `quality of service' - means, with respect to broadband internet access service, the - download and upload speeds (and, for relevant services, - latency) with respect to that service, as determined by, and to - the extent otherwise collected by, the Commission. - ``(13) Shapefile.--The term `shapefile' means a digital - storage format containing geospatial or location-based data and - attribute information-- - ``(A) regarding the availability of broadband - internet access service; and - ``(B) that can be viewed, edited, and mapped in - geographic information system software. - ``(14) Standard broadband installation.--The term `standard - broadband installation'-- - ``(A) means the initiation by a provider of fixed - broadband internet access service in an area in which - the provider has not previously offered that service, - with no charges or delays attributable to the extension - of the network of the provider; and - ``(B) includes the initiation of fixed broadband - internet access service through routine installation - that can be completed not later than 10 business days - after the date on which the service request is - submitted. - -``SEC. 802. BROADBAND MAPS. - + ``(1) Broadband internet access service.--The term `broadband + internet access service' has the meaning given the term in section + 8.1(b) of title 47, Code of Federal Regulations, or any successor + regulation. + ``(2) Broadband map.--The term `Broadband Map' means the map + created by the Commission under section 802(c)(1)(A). + ``(3) Cell edge probability.--The term `cell edge probability' + means the likelihood that the minimum threshold download and upload + speeds with respect to broadband internet access service will be + met or exceeded at a distance from a base station that is intended + to indicate the ultimate edge of the coverage area of a cell. + ``(4) Cell loading.--The term `cell loading' means the + percentage of the available air interface resources of a base + station that are used by consumers with respect to broadband + internet access service. + ``(5) Clutter.--The term `clutter' means a natural or man-made + surface feature that affects the propagation of a signal from a + base station. + ``(6) Fabric.--The term `Fabric' means the Broadband + Serviceable Location Fabric established under section 802(b)(1)(B). + ``(7) Form 477.--The term `Form 477' means Form 477 of the + Commission relating to local telephone competition and broadband + reporting. + ``(8) Indian tribe.--The term `Indian Tribe' has the meaning + given the term `Indian tribe' in section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5304). + ``(9) Mobility fund phase ii.--The term `Mobility Fund Phase + II' means the second phase of the proceeding to provide universal + service support from the Mobility Fund (WC Docket No. 10-90; WT + Docket No. 10-208). + ``(10) Propagation model.--The term `propagation model' means a + mathematical formulation for the characterization of radio wave + propagation as a function of frequency, distance, and other + conditions. + ``(11) Provider.--The term `provider' means a provider of fixed + or mobile broadband internet access service. + ``(12) Quality of service.--The term `quality of service' + means, with respect to broadband internet access service, the + download and upload speeds (and, for relevant services, latency) + with respect to that service, as determined by, and to the extent + otherwise collected by, the Commission. + ``(13) Shapefile.--The term `shapefile' means a digital storage + format containing geospatial or location-based data and attribute + information-- + ``(A) regarding the availability of broadband internet + access service; and + ``(B) that can be viewed, edited, and mapped in geographic + information system software. + ``(14) Standard broadband installation.--The term `standard + broadband installation'-- + ``(A) means the initiation by a provider of fixed broadband + internet access service in an area in which the provider has + not previously offered that service, with no charges or delays + attributable to the extension of the network of the provider; + and + ``(B) includes the initiation of fixed broadband internet + access service through routine installation that can be + completed not later than 10 business days after the date on + which the service request is submitted. + ``SEC. 802. BROADBAND MAPS. ``(a) Rules.-- - ``(1) In general.--Not later than 180 days after the date - of enactment of this title, the Commission shall issue final - rules that shall-- - ``(A) require the biannual collection and - dissemination of granular data, as determined by the - Commission-- - ``(i) relating to the availability and - quality of service with respect to terrestrial - fixed, fixed wireless, satellite, and mobile - broadband internet access service; and - ``(ii) that the Commission shall use to - compile the maps created under subsection - (c)(1) (referred to in this section as - `coverage maps'), which the Commission shall - make publicly available; and - ``(B) establish-- - ``(i) processes through which the - Commission can verify the accuracy of data - submitted under subsection (b)(2); - ``(ii) processes and procedures through - which the Commission, and, as necessary, other - entities or individuals submitting non-public - or competitively sensitive information under - this title, can protect the security, privacy, - and confidentiality of that non-public or - competitively sensitive information, - including-- - ``(I) information contained in the - Fabric; - ``(II) the dataset created under - subsection (b)(1)(A) supporting the - Fabric; and - ``(III) the data submitted under - subsection (b)(2); - ``(iii) the challenge process described in - subsection (b)(5); and - ``(iv) the process described in section - 804(b). - ``(2) Other data.--In issuing the rules under paragraph - (1), the Commission shall develop a process through which the - Commission can collect verified data for use in the coverage - maps from-- - ``(A) State, local, and Tribal governmental - entities that are primarily responsible for mapping or - tracking broadband internet access service coverage for - a State, unit of local government, or Indian Tribe, as - applicable; - ``(B) third parties, if the Commission determines - that it is in the public interest to use such data in-- - ``(i) the development of the coverage maps; - or - ``(ii) the verification of data submitted - under subsection (b); and - ``(C) other Federal agencies. - ``(3) Updates.--The Commission shall revise the rules - issued under paragraph (1) to-- - ``(A) reflect changes in technology; - ``(B) ensure the accuracy of propagation models, as - further provided in subsection (b)(3); and - ``(C) improve the usefulness of the coverage maps. + ``(1) In general.--Not later than 180 days after the date of + enactment of this title, the Commission shall issue final rules + that shall-- + ``(A) require the biannual collection and dissemination of + granular data, as determined by the Commission-- + ``(i) relating to the availability and quality of + service with respect to terrestrial fixed, fixed wireless, + satellite, and mobile broadband internet access service; + and + ``(ii) that the Commission shall use to compile the + maps created under subsection (c)(1) (referred to in this + section as `coverage maps'), which the Commission shall + make publicly available; and + ``(B) establish-- + ``(i) processes through which the Commission can verify + the accuracy of data submitted under subsection (b)(2); + ``(ii) processes and procedures through which the + Commission, and, as necessary, other entities or + individuals submitting non-public or competitively + sensitive information under this title, can protect the + security, privacy, and confidentiality of that non-public + or competitively sensitive information, including-- + + ``(I) information contained in the Fabric; + ``(II) the dataset created under subsection + (b)(1)(A) supporting the Fabric; and + ``(III) the data submitted under subsection (b)(2); + + ``(iii) the challenge process described in subsection + (b)(5); and + ``(iv) the process described in section 804(b). + ``(2) Other data.--In issuing the rules under paragraph (1), + the Commission shall develop a process through which the Commission + can collect verified data for use in the coverage maps from-- + ``(A) State, local, and Tribal governmental entities that + are primarily responsible for mapping or tracking broadband + internet access service coverage for a State, unit of local + government, or Indian Tribe, as applicable; + ``(B) third parties, if the Commission determines that it + is in the public interest to use such data in-- + ``(i) the development of the coverage maps; or + ``(ii) the verification of data submitted under + subsection (b); and + ``(C) other Federal agencies. + ``(3) Updates.--The Commission shall revise the rules issued + under paragraph (1) to-- + ``(A) reflect changes in technology; + ``(B) ensure the accuracy of propagation models, as further + provided in subsection (b)(3); and + ``(C) improve the usefulness of the coverage maps. ``(b) Content of Rules.-- - ``(1) Establishment of a serviceable location fabric - regarding fixed broadband.-- - ``(A) Dataset.-- - ``(i) In general.--The Commission shall - create a common dataset of all locations in the - United States where fixed broadband internet - access service can be installed, as determined - by the Commission. - ``(ii) Contracting.-- - ``(I) In general.--Subject to - subclauses (II) and (III), the - Commission may contract with an entity - with expertise with respect to - geographic information systems - (referred to in this subsection as - `GIS') to create and maintain the - dataset under clause (i). - ``(II) Application of the federal - acquisition regulation.--A contract - into which the Commission enters under - subclause (I) shall in all respects - comply with applicable provisions of - the Federal Acquisition Regulation. - ``(III) Limitations.--With respect - to a contract into which the Commission - enters under subclause (I)-- - ``(aa) the entity with - which the Commission enters - into the contract shall be - selected through a competitive - bid process that is transparent - and open; and - ``(bb) the contract shall - be for a term of not longer - than 5 years, after which the - Commission may enter into a new - contract-- - - ``(AA) with an - entity, and for the - purposes, described in - clause (i); and - - ``(BB) that - complies with the - requirements under - subclause (II) and this - subclause; and - - ``(cc) the contract shall-- - - ``(AA) prohibit the - entity described in - item (aa) from selling, - leasing, or otherwise - disclosing for monetary - consideration any - personally identifiable - information to any - other entity other than - for purposes authorized - under this title; and - - ``(BB) require the - entity described in - item (aa) to include in - any contract with any - other entity a - provision that - prohibits that other - entity from engaging in - an action that is - prohibited under - subitem (AA). - - ``(B) Fabric.--The rules issued by the Commission - under subsection (a)(1) shall establish the Broadband - Serviceable Location Fabric, which shall-- - ``(i) contain geocoded information for each - location identified under subparagraph (A)(i); - ``(ii) serve as the foundation upon which - all data relating to the availability of fixed - broadband internet access service collected - under paragraph (2)(A) shall be reported and - overlaid; - ``(iii) be compatible with commonly used - GIS software; and - ``(iv) at a minimum, be updated every 6 - months by the Commission. - ``(C) Implementation priority.--The Commission - shall prioritize implementing the Fabric for rural and - insular areas of the United States. - ``(2) Collection of information.--The rules issued by the - Commission under subsection (a)(1) shall include uniform - standards for the reporting of broadband internet access - service data that the Commission shall collect-- - ``(A) from each provider of terrestrial fixed, - fixed wireless, or satellite broadband internet access - service, which shall include data that-- - ``(i) documents the areas where the - provider-- - ``(I) has actually built out the - broadband network infrastructure of the - provider such that the provider is able - to provide that service; and - ``(II) could provide that service, - as determined by identifying where the - provider is capable of performing a - standard broadband installation, if - applicable; - ``(ii) includes information regarding - download and upload speeds, at various - thresholds established by the Commission, and, - if applicable, latency with respect to - broadband internet access service that the - provider makes available; - ``(iii) can be georeferenced to the GIS - data in the Fabric; - ``(iv) the provider shall report as-- - ``(I) with respect to providers of - fixed wireless broadband internet - access service-- - ``(aa) propagation maps and - propagation model details - that-- - - ``(AA) satisfy - standards that are - similar to those - applicable to providers - of mobile broadband - internet access service - under subparagraph (B) - with respect to - propagation maps and - propagation model - details, taking into - account material - differences between - fixed wireless and - mobile broadband - internet access - service; and - - ``(BB) reflect the - speeds and latency of - the service provided by - the provider; or - - ``(bb) a list of addresses - or locations that constitute - the service area of the - provider, except that the - Commission-- - - ``(AA) may only - permit, and not - require, a provider to - report the data using - that means of - reporting; and - - ``(BB) in the rules - issued under subsection - (a)(1), shall provide a - method for using that - means of reporting with - respect to Tribal - areas; and - - ``(II) with respect to providers of - terrestrial fixed and satellite - broadband internet access service-- - ``(aa) polygon shapefiles; - or - ``(bb) a list of addresses - or locations that constitute - the service area of the - provider, except that the - Commission-- - - ``(AA) may only - permit, and not - require, a provider to - report the data using - that means of - reporting; and - - ``(BB) in the rules - issued under subsection - (a)(1), shall provide a - method for using that - means of reporting with - respect to Tribal - areas; and - - ``(v) the Commission determines is - appropriate with respect to certain - technologies in order to ensure that the - Broadband Map is granular and accurate; and - ``(B) from each provider of mobile broadband - internet access service, which shall include - propagation maps and propagation model details that - indicate the current (as of the date on which the - information is collected) fourth generation Long-Term - Evolution (commonly referred to as `4G LTE') mobile - broadband internet access service coverage of the - provider, which shall-- - ``(i) take into consideration the effect of - clutter; and - ``(ii) satisfy-- - ``(I) the requirements of having-- - ``(aa) a download speed of - not less than 5 megabits per - second and an upload speed of - not less than 1 megabit per - second with a cell edge - probability of not less than 90 - percent; and - ``(bb) cell loading of not - less than 50 percent; and - ``(II) any other parameter that the - Commission determines to be necessary - to create a map under subsection - (c)(1)(C) that is more precise than the - map produced as a result of the - submissions under the Mobility Fund - Phase II information collection. - ``(3) Update of reporting standards for mobile broadband - internet access service.--For the purposes of paragraph (2)(B), - if the Commission determines that the reporting standards under - that paragraph are insufficient to collect accurate propagation - maps and propagation model details with respect to future - generations of mobile broadband internet access service - technologies, the Commission shall immediately commence a rule - making to adopt new reporting standards with respect to those - technologies that-- - ``(A) shall be the functional equivalent of the - standards required under paragraph (2)(B); and - ``(B) allow for the collection of propagation maps - and propagation model details that are as accurate and - granular as, or more accurate and granular than, the - maps and model details collected by the Commission - under paragraph (2)(B). - ``(4) Certification and verification.--With respect to a - provider that submits information to the Commission under - paragraph (2)-- - ``(A) the provider shall include in each submission - a certification from a corporate officer of the - provider that the officer has examined the information - contained in the submission and that, to the best of - the officer's actual knowledge, information, and - belief, all statements of fact contained in the - submission are true and correct; and - ``(B) the Commission shall verify the accuracy and - reliability of the information in accordance with - measures established by the Commission. - ``(5) Challenge process.-- - ``(A) In general.--In the rules issued under - subsection (a), and subject to subparagraph (B), the - Commission shall establish a user-friendly challenge - process through which consumers, State, local, and - Tribal governmental entities, and other entities or - individuals may submit coverage data to the Commission - to challenge the accuracy of-- - ``(i) the coverage maps; - ``(ii) any information submitted by a - provider regarding the availability of - broadband internet access service; or - ``(iii) the information included in the - Fabric. - ``(B) Considerations; verification; response to - challenges.--In establishing the challenge process - required under subparagraph (A), the Commission shall-- - ``(i) consider-- - ``(I) the types of information that - an entity or individual submitting a - challenge should provide to the - Commission in support of the challenge; - ``(II) the appropriate level of - granularity for the information - described in subclause (I); - ``(III) the need to mitigate the - time and expense incurred by, and the - administrative burdens placed on, - entities or individuals in-- - ``(aa) challenging the - accuracy of a coverage map; and - ``(bb) responding to - challenges described in item - (aa); - ``(IV) the costs to consumers and - providers resulting from a - misallocation of funds because of a - reliance on outdated or otherwise - inaccurate information in the coverage - maps; - ``(V) any lessons learned from the - challenge process established under - Mobility Fund Phase II, as determined - from comments solicited by the - Commission; and - ``(VI) the need for user-friendly - challenge submission formats that will - promote participation in the challenge - process; - ``(ii) include a process for verifying the - data submitted through the challenge process in - order to ensure the reliability of that data; - ``(iii) allow providers to respond to - challenges submitted through the challenge - process; and - ``(iv) develop an online mechanism, which-- - ``(I) shall be integrated into the - coverage maps; - ``(II) allows for an entity - described in subparagraph (A) to submit - a challenge under the challenge - process; - ``(III) makes challenge data - available in both geographic - information system and non-geographic - information system formats; and - ``(IV) clearly identifies the areas - in which broadband internet access - service is available, and the upload - and download speeds at which that - service is available, as reported to - the Commission under this section. - ``(C) Use of challenges.--The rules issued to - establish the challenge process under subparagraph (A) - shall include-- - ``(i) a process for the speedy resolution - of challenges; and - ``(ii) a process for the regular and - expeditious updating of the coverage maps and - granular data disseminated by the Commission as - challenges are resolved. - ``(D) Report to congress.--Not earlier than 1 year, - and not later than 18 months, after the date on which - the rules issued under subsection (a)(1) take effect, - the Commission shall, after an opportunity for notice - and comment, submit to the Committee on Commerce, - Science, and Transportation of the Senate and the - Committee on Energy and Commerce of the House of - Representatives a report that-- - ``(i) evaluates the challenge process - described in subparagraph (A); and - ``(ii) considers whether the Commission - should commence an inquiry on the need for - other tools to help-- - ``(I) identify potential - inaccuracies in the data relating to - broadband internet access service that - providers report; and - ``(II) improve the accuracy of the - data described in subclause (I). - ``(6) Reform of form 477 process.-- - ``(A) In general.--Not later than 180 days after - the date on which the rules issued under subsection (a) - take effect, the Commission shall-- - ``(i) reform the Form 477 broadband - deployment service availability collection - process of the Commission-- - ``(I) to achieve the purposes of - this title; and - ``(II) in a manner that-- - ``(aa) enables the - comparison of data and maps - produced before the - implementation of this title - with data and coverage maps - produced after the - implementation of this title; - and - ``(bb) maintains the public - availability of data relating - to the deployment of broadband - internet access service; and - ``(ii) harmonize reporting requirements and - procedures regarding the deployment of - broadband internet access service that are in - effect on the day before the date on which the - rules issued under subsection (a)(1) take - effect with those requirements and procedures - in those rules. - ``(B) Continued collection and reporting.--On and - after the date on which the Commission carries out - subparagraph (A), the Commission shall continue to - collect and publicly report subscription data that the - Commission collected through the Form 477 broadband - deployment service availability process, as in effect - on July 1, 2019. - ``(7) Sharing data with ntia.--The Commission shall - establish a process to make the data collected under paragraph - (2) available to the National Telecommunications and - Information Administration. + ``(1) Establishment of a serviceable location fabric regarding + fixed broadband.-- + ``(A) Dataset.-- + ``(i) In general.--The Commission shall create a common + dataset of all locations in the United States where fixed + broadband internet access service can be installed, as + determined by the Commission. + ``(ii) Contracting.-- + + ``(I) In general.--Subject to subclauses (II) and + (III), the Commission may contract with an entity with + expertise with respect to geographic information + systems (referred to in this subsection as `GIS') to + create and maintain the dataset under clause (i). + ``(II) Application of the federal acquisition + regulation.--A contract into which the Commission + enters under subclause (I) shall in all respects comply + with applicable provisions of the Federal Acquisition + Regulation. + ``(III) Limitations.--With respect to a contract + into which the Commission enters under subclause (I)-- + + ``(aa) the entity with which the Commission + enters into the contract shall be selected through + a competitive bid process that is transparent and + open; and + ``(bb) the contract shall be for a term of not + longer than 5 years, after which the Commission may + enter into a new contract-- + ``(AA) with an entity, and for the + purposes, described in clause (i); and + ``(BB) that complies with the requirements + under subclause (II) and this subclause; and + ``(cc) the contract shall-- + ``(AA) prohibit the entity described in + item (aa) from selling, leasing, or otherwise + disclosing for monetary consideration any + personally identifiable information to any + other entity other than for purposes authorized + under this title; and + ``(BB) require the entity described in item + (aa) to include in any contract with any other + entity a provision that prohibits that other + entity from engaging in an action that is + prohibited under subitem (AA). + ``(B) Fabric.--The rules issued by the Commission under + subsection (a)(1) shall establish the Broadband Serviceable + Location Fabric, which shall-- + ``(i) contain geocoded information for each location + identified under subparagraph (A)(i); + ``(ii) serve as the foundation upon which all data + relating to the availability of fixed broadband internet + access service collected under paragraph (2)(A) shall be + reported and overlaid; + ``(iii) be compatible with commonly used GIS software; + and + ``(iv) at a minimum, be updated every 6 months by the + Commission. + ``(C) Implementation priority.--The Commission shall + prioritize implementing the Fabric for rural and insular areas + of the United States. + ``(2) Collection of information.--The rules issued by the + Commission under subsection (a)(1) shall include uniform standards + for the reporting of broadband internet access service data that + the Commission shall collect-- + ``(A) from each provider of terrestrial fixed, fixed + wireless, or satellite broadband internet access service, which + shall include data that-- + ``(i) documents the areas where the provider-- + + ``(I) has actually built out the broadband network + infrastructure of the provider such that the provider + is able to provide that service; and + ``(II) could provide that service, as determined by + identifying where the provider is capable of performing + a standard broadband installation, if applicable; + + ``(ii) includes information regarding download and + upload speeds, at various thresholds established by the + Commission, and, if applicable, latency with respect to + broadband internet access service that the provider makes + available; + ``(iii) can be georeferenced to the GIS data in the + Fabric; + ``(iv) the provider shall report as-- + + ``(I) with respect to providers of fixed wireless + broadband internet access service-- + + ``(aa) propagation maps and propagation model + details that-- + ``(AA) satisfy standards that are similar + to those applicable to providers of mobile + broadband internet access service under + subparagraph (B) with respect to propagation + maps and propagation model details, taking into + account material differences between fixed + wireless and mobile broadband internet access + service; and + ``(BB) reflect the speeds and latency of + the service provided by the provider; or + ``(bb) a list of addresses or locations that + constitute the service area of the provider, except + that the Commission-- + ``(AA) may only permit, and not require, a + provider to report the data using that means of + reporting; and + ``(BB) in the rules issued under subsection + (a)(1), shall provide a method for using that + means of reporting with respect to Tribal + areas; and + + ``(II) with respect to providers of terrestrial + fixed and satellite broadband internet access service-- + + ``(aa) polygon shapefiles; or + ``(bb) a list of addresses or locations that + constitute the service area of the provider, except + that the Commission-- + ``(AA) may only permit, and not require, a + provider to report the data using that means of + reporting; and + ``(BB) in the rules issued under subsection + (a)(1), shall provide a method for using that + means of reporting with respect to Tribal + areas; and + ``(v) the Commission determines is appropriate with + respect to certain technologies in order to ensure that the + Broadband Map is granular and accurate; and + ``(B) from each provider of mobile broadband internet + access service, which shall include propagation maps and + propagation model details that indicate the current (as of the + date on which the information is collected) fourth generation + Long-Term Evolution (commonly referred to as `4G LTE') mobile + broadband internet access service coverage of the provider, + which shall-- + ``(i) take into consideration the effect of clutter; + and + ``(ii) satisfy-- + + ``(I) the requirements of having-- + + ``(aa) a download speed of not less than 5 + megabits per second and an upload speed of not less + than 1 megabit per second with a cell edge + probability of not less than 90 percent; and + ``(bb) cell loading of not less than 50 + percent; and + + ``(II) any other parameter that the Commission + determines to be necessary to create a map under + subsection (c)(1)(C) that is more precise than the map + produced as a result of the submissions under the + Mobility Fund Phase II information collection. + + ``(3) Update of reporting standards for mobile broadband + internet access service.--For the purposes of paragraph (2)(B), if + the Commission determines that the reporting standards under that + paragraph are insufficient to collect accurate propagation maps and + propagation model details with respect to future generations of + mobile broadband internet access service technologies, the + Commission shall immediately commence a rule making to adopt new + reporting standards with respect to those technologies that-- + ``(A) shall be the functional equivalent of the standards + required under paragraph (2)(B); and + ``(B) allow for the collection of propagation maps and + propagation model details that are as accurate and granular as, + or more accurate and granular than, the maps and model details + collected by the Commission under paragraph (2)(B). + ``(4) Certification and verification.--With respect to a + provider that submits information to the Commission under paragraph + (2)-- + ``(A) the provider shall include in each submission a + certification from a corporate officer of the provider that the + officer has examined the information contained in the + submission and that, to the best of the officer's actual + knowledge, information, and belief, all statements of fact + contained in the submission are true and correct; and + ``(B) the Commission shall verify the accuracy and + reliability of the information in accordance with measures + established by the Commission. + ``(5) Challenge process.-- + ``(A) In general.--In the rules issued under subsection + (a), and subject to subparagraph (B), the Commission shall + establish a user-friendly challenge process through which + consumers, State, local, and Tribal governmental entities, and + other entities or individuals may submit coverage data to the + Commission to challenge the accuracy of-- + ``(i) the coverage maps; + ``(ii) any information submitted by a provider + regarding the availability of broadband internet access + service; or + ``(iii) the information included in the Fabric. + ``(B) Considerations; verification; response to + challenges.--In establishing the challenge process required + under subparagraph (A), the Commission shall-- + ``(i) consider-- + + ``(I) the types of information that an entity or + individual submitting a challenge should provide to the + Commission in support of the challenge; + ``(II) the appropriate level of granularity for the + information described in subclause (I); + ``(III) the need to mitigate the time and expense + incurred by, and the administrative burdens placed on, + entities or individuals in-- + + ``(aa) challenging the accuracy of a coverage + map; and + ``(bb) responding to challenges described in + item (aa); + + ``(IV) the costs to consumers and providers + resulting from a misallocation of funds because of a + reliance on outdated or otherwise inaccurate + information in the coverage maps; + ``(V) any lessons learned from the challenge + process established under Mobility Fund Phase II, as + determined from comments solicited by the Commission; + and + ``(VI) the need for user-friendly challenge + submission formats that will promote participation in + the challenge process; + + ``(ii) include a process for verifying the data + submitted through the challenge process in order to ensure + the reliability of that data; + ``(iii) allow providers to respond to challenges + submitted through the challenge process; and + ``(iv) develop an online mechanism, which-- + + ``(I) shall be integrated into the coverage maps; + ``(II) allows for an entity described in + subparagraph (A) to submit a challenge under the + challenge process; + ``(III) makes challenge data available in both + geographic information system and non-geographic + information system formats; and + ``(IV) clearly identifies the areas in which + broadband internet access service is available, and the + upload and download speeds at which that service is + available, as reported to the Commission under this + section. + + ``(C) Use of challenges.--The rules issued to establish the + challenge process under subparagraph (A) shall include-- + ``(i) a process for the speedy resolution of + challenges; and + ``(ii) a process for the regular and expeditious + updating of the coverage maps and granular data + disseminated by the Commission as challenges are resolved. + ``(D) Report to congress.--Not earlier than 1 year, and not + later than 18 months, after the date on which the rules issued + under subsection (a)(1) take effect, the Commission shall, + after an opportunity for notice and comment, submit to the + Committee on Commerce, Science, and Transportation of the + Senate and the Committee on Energy and Commerce of the House of + Representatives a report that-- + ``(i) evaluates the challenge process described in + subparagraph (A); and + ``(ii) considers whether the Commission should commence + an inquiry on the need for other tools to help-- + + ``(I) identify potential inaccuracies in the data + relating to broadband internet access service that + providers report; and + ``(II) improve the accuracy of the data described + in subclause (I). + + ``(6) Reform of form 477 process.-- + ``(A) In general.--Not later than 180 days after the date + on which the rules issued under subsection (a) take effect, the + Commission shall-- + ``(i) reform the Form 477 broadband deployment service + availability collection process of the Commission-- + + ``(I) to achieve the purposes of this title; and + ``(II) in a manner that-- + + ``(aa) enables the comparison of data and maps + produced before the implementation of this title + with data and coverage maps produced after the + implementation of this title; and + ``(bb) maintains the public availability of + data relating to the deployment of broadband + internet access service; and + ``(ii) harmonize reporting requirements and procedures + regarding the deployment of broadband internet access + service that are in effect on the day before the date on + which the rules issued under subsection (a)(1) take effect + with those requirements and procedures in those rules. + ``(B) Continued collection and reporting.--On and after the + date on which the Commission carries out subparagraph (A), the + Commission shall continue to collect and publicly report + subscription data that the Commission collected through the + Form 477 broadband deployment service availability process, as + in effect on July 1, 2019. + ``(7) Sharing data with ntia.--The Commission shall establish a + process to make the data collected under paragraph (2) available to + the National Telecommunications and Information Administration. ``(c) Maps.--The Commission shall-- - ``(1) after consultation with the Federal Geographic Data - Committee established under section 753(a) of the Geospatial - Data Act of 2018, create-- - ``(A) the Broadband Map, which shall depict-- - ``(i) the extent of the availability of - broadband internet access service in the United - States, without regard to whether that service - is fixed broadband internet access service or - mobile broadband internet access service, which - shall be based on data collected by the - Commission from all providers; and - ``(ii) the areas of the United States that - remain unserved by providers; - ``(B) a map that depicts the availability of fixed - broadband internet access service, which shall be based - on data collected by the Commission from providers - under subsection (b)(2)(A); and - ``(C) a map that depicts the availability of mobile - broadband internet access service, which shall be based - on data collected by the Commission from providers - under subsection (b)(2)(B); - ``(2) use the maps created under paragraph (1)-- - ``(A) to determine the areas in which terrestrial - fixed, fixed wireless, mobile, and satellite broadband - internet access service is and is not available; and - ``(B) when making any new award of funding with - respect to the deployment of broadband internet access - service; - ``(3) update the maps created under paragraph (1) not less - frequently than biannually using the most recent data collected - from providers under subsection (b)(2); - ``(4) consult with-- - ``(A) the Secretary of Agriculture to enable the - Secretary of Agriculture to consult the maps created - under paragraph (1) when considering the awarding of - funds for the deployment of broadband internet access - service under any program administered by the - Administrator of the Rural Utilities Service; and - ``(B) the National Telecommunications and - Information Administration to enable the Administration - to consult the maps created under paragraph (1) when - considering the awarding of funds for the deployment of - broadband internet access service under any future - program administered by the Administration; - ``(5) make available to any Federal agency, upon request, - the maps created under paragraph (1); and - ``(6) make public at an appropriate level of granularity-- - ``(A) the maps created under paragraph (1); and - ``(B) the data collected by the Commission with - respect to the availability of broadband internet - access service and the quality of service with respect - to broadband internet access service. + ``(1) after consultation with the Federal Geographic Data + Committee established under section 753(a) of the Geospatial Data + Act of 2018, create-- + ``(A) the Broadband Map, which shall depict-- + ``(i) the extent of the availability of broadband + internet access service in the United States, without + regard to whether that service is fixed broadband internet + access service or mobile broadband internet access service, + which shall be based on data collected by the Commission + from all providers; and + ``(ii) the areas of the United States that remain + unserved by providers; + ``(B) a map that depicts the availability of fixed + broadband internet access service, which shall be based on data + collected by the Commission from providers under subsection + (b)(2)(A); and + ``(C) a map that depicts the availability of mobile + broadband internet access service, which shall be based on data + collected by the Commission from providers under subsection + (b)(2)(B); + ``(2) after creating the maps under paragraph (1), use such + maps-- + ``(A) to determine the areas in which terrestrial fixed, + fixed wireless, mobile, and satellite broadband internet access + service is and is not available; and + ``(B) when making any new award of funding with respect to + the deployment of broadband internet access service intended + for use by residential and mobile customers; + ``(3) update the maps created under paragraph (1) not less + frequently than biannually using the most recent data collected + from providers under subsection (b)(2); + ``(4) consult with-- + ``(A) the Secretary of Agriculture to enable the Secretary + of Agriculture to consult the maps created under paragraph (1) + when considering the awarding of funds for the deployment of + broadband internet access service under any program + administered by the Administrator of the Rural Utilities + Service; and + ``(B) the National Telecommunications and Information + Administration to enable the Administration to consult the maps + created under paragraph (1) when considering the awarding of + funds for the deployment of broadband internet access service + under any future program administered by the Administration; + ``(5) make available to any Federal agency, upon request, the + maps created under paragraph (1); and + ``(6) make public at an appropriate level of granularity-- + ``(A) the maps created under paragraph (1); and + ``(B) the data collected by the Commission with respect to + the availability of broadband internet access service and the + quality of service with respect to broadband internet access + service. ``(d) Delayed Effective Date for Quality of Service Rules.--Any requirement of a rule issued under subsection (a)(1) that relates to quality of service shall take effect not earlier than the date that is 180 days after the date on which the Commission issues that rule. - -``SEC. 803. ENFORCEMENT. - + ``SEC. 803. ENFORCEMENT. ``It shall be unlawful for an entity or individual to willfully and knowingly, or recklessly, submit information or data under this title that is materially inaccurate or incomplete with respect to the availability of broadband internet access service or the quality of service with respect to broadband internet access service. - -``SEC. 804. IMPROVING DATA ACCURACY. - + ``SEC. 804. IMPROVING DATA ACCURACY. ``(a) Audits.--The Commission shall conduct regular audits of information submitted to the Commission by providers under section 802(b)(2) to ensure that the providers are complying with this title. ``(b) Crowdsourcing.-- - ``(1) In general.--The Commission shall develop a process - through which entities or individuals in the United States may - submit specific information about the deployment and - availability of broadband internet access service in the United - States on an ongoing basis so that the information may be used - to verify and supplement information provided by providers of - broadband internet access service for inclusion in the maps - created under section 802(c)(1). - ``(2) Collaboration.--As part of the efforts of the - Commission to facilitate the ability of entities and - individuals to submit information under paragraph (1), the - Commission shall-- - ``(A) prioritize the consideration of data provided - by data collection applications used by consumers that - the Commission has determined-- - ``(i) are highly reliable; and - ``(ii) have proven methodologies for - determining network coverage and network - performance; - ``(B) not later than 1 year after the date of - enactment of this title, conclude a process that tests - the feasibility of partnering with Federal agencies - that operate delivery fleet vehicles, including the - United States Postal Service, to facilitate the - collection and submission of information described in - that paragraph; and - ``(C) not later than 14 months after the date of - enactment of this title, publish on the website of the - Commission, and submit to the Committee on Commerce, - Science, and Transportation of the Senate and the - Committee on Energy and Commerce of the House of - Representatives, a report regarding the testing - described in subparagraph (B), which shall include-- - ``(i) a determination regarding whether the - partnerships with Federal agencies described in - that subparagraph are able to facilitate the - collection and submission of information - described in paragraph (1); and - ``(ii) any steps that the Commission plans - to take to facilitate the partnerships - described in that subparagraph. + ``(1) In general.--The Commission shall develop a process + through which entities or individuals in the United States may + submit specific information about the deployment and availability + of broadband internet access service in the United States on an + ongoing basis so that the information may be used to verify and + supplement information provided by providers of broadband internet + access service for inclusion in the maps created under section + 802(c)(1). + ``(2) Collaboration.--As part of the efforts of the Commission + to facilitate the ability of entities and individuals to submit + information under paragraph (1), the Commission shall-- + ``(A) prioritize the consideration of data provided by data + collection applications used by consumers that the Commission + has determined-- + ``(i) are highly reliable; and + ``(ii) have proven methodologies for determining + network coverage and network performance; + ``(B) not later than 1 year after the date of enactment of + this title, conclude a process that tests the feasibility of + partnering with Federal agencies that operate delivery fleet + vehicles, including the United States Postal Service, to + facilitate the collection and submission of information + described in that paragraph; and + ``(C) not later than 14 months after the date of enactment + of this title, publish on the website of the Commission, and + submit to the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Energy and + Commerce of the House of Representatives, a report regarding + the testing described in subparagraph (B), which shall + include-- + ``(i) a determination regarding whether the + partnerships with Federal agencies described in that + subparagraph are able to facilitate the collection and + submission of information described in paragraph (1); and + ``(ii) any steps that the Commission plans to take to + facilitate the partnerships described in that subparagraph. ``(c) Technical Assistance to Indian Tribes.-- - ``(1) In general.--Subject to paragraph (2), the Commission - shall hold workshops for Tribal governments in each of the 12 - Bureau of Indian Affairs regions to provide technical - assistance with the collection and submission of data under - section 802(a)(2). - ``(2) Annual review.--Each year, the Commission, in - consultation with Indian Tribes, shall review the need for - continued workshops required under paragraph (1). + ``(1) In general.--Subject to paragraph (2), the Commission + shall hold workshops for Tribal Governments in each of the 12 + Bureau of Indian Affairs regions to provide technical assistance + with the collection and submission of data under section 802(a)(2). + ``(2) Annual review.--Each year, the Commission, in + consultation with Indian Tribes, shall review the need for + continued workshops required under paragraph (1). ``(d) Technical Assistance to Small Service Providers.--The Commission shall establish a process through which a provider that has fewer than 100,000 active broadband internet access service connections @@ -689,36 +569,33 @@ and Consumers.--The Commission shall provide technical assistance to consumers and State, local, and Tribal governmental entities with respect to the challenge process established under section 802(b)(5), which shall include-- - ``(1) detailed tutorials and webinars; and - ``(2) the provision of staff of the Commission to provide - assistance, as needed, throughout the entirety of the challenge - process. + ``(1) detailed tutorials and webinars; and + ``(2) the provision of staff of the Commission to provide + assistance, as needed, throughout the entirety of the challenge + process. ``(f) GAO Assessment of Fabric Source Data.-- - ``(1) In general.--The Comptroller General of the United - States shall conduct an assessment of key data sources that are - used for purposes of the Fabric to identify and geocode - locations where fixed broadband internet access service can be - installed in order for the Comptroller General to develop - recommendations for how the quality and completeness of those - data sources can be improved as data sources for the Fabric. - ``(2) Sources included.--For the purposes of the assessment - conducted under paragraph (1), the key data sources described - in that paragraph shall include-- - ``(A) any relevant sources of Federal data, - including the National Address Database administered by - the Department of Transportation; - ``(B) State- and county-level digitized parcel - data; and - ``(C) property tax attribute recording. - ``(3) Report.--Not later than 1 year after the date of - enactment of this title, the Comptroller General of the United - States shall submit to the Committee on Commerce, Science, and - Transportation of the Senate and the Committee on Energy and - Commerce of the House of Representatives a report that contains - the recommendations developed under paragraph (1). - -``SEC. 805. COST. - + ``(1) In general.--The Comptroller General of the United States + shall conduct an assessment of key data sources that are used for + purposes of the Fabric to identify and geocode locations where + fixed broadband internet access service can be installed in order + for the Comptroller General to develop recommendations for how the + quality and completeness of those data sources can be improved as + data sources for the Fabric. + ``(2) Sources included.--For the purposes of the assessment + conducted under paragraph (1), the key data sources described in + that paragraph shall include-- + ``(A) any relevant sources of Federal data, including the + National Address Database administered by the Department of + Transportation; + ``(B) State- and county-level digitized parcel data; and + ``(C) property tax attribute recording. + ``(3) Report.--Not later than 1 year after the date of + enactment of this title, the Comptroller General of the United + States shall submit to the Committee on Commerce, Science, and + Transportation of the Senate and the Committee on Energy and + Commerce of the House of Representatives a report that contains the + recommendations developed under paragraph (1). + ``SEC. 805. COST. ``(a) USF.--The Commission may not use funds from the universal service programs of the Commission established under section 254, and the regulations issued under that section, to pay for any costs @@ -726,23 +603,23 @@ associated with this title. ``(b) Other Funds.--The Commission may recover costs associated with this title under section 9 to the extent provided for in an appropriation Act, as required under subsection (a) of that section. - -``SEC. 806. OTHER PROVISIONS. - + ``SEC. 806. OTHER PROVISIONS. ``(a) OMB.--Notwithstanding any other provision of law, the initial rule making required under section 802(a)(1) shall be exempt from review by the Office of Management and Budget. - ``(b) PRA.--Chapter 35 of title 44, United States Code (commonly -known as the `Paperwork Reduction Act') shall not apply to the initial -rule making required under section 802(a)(1). - ``(c) Execution of Responsibilities.--Except as provided in section -802(b)(1)(A)(ii), the Commission-- - ``(1) including the offices of the Commission, shall carry - out the responsibilities assigned to the Commission under this - title; and - ``(2) may not delegate any of the responsibilities assigned - to the Commission under this title to any third party, - including the Universal Service Administrative Company. + ``(b) PRA.--Subchapter I of chapter 35 of title 44, United States +Code (commonly known as the `Paperwork Reduction Act') shall not apply +to the initial rule making required under section 802(a)(1). + ``(c) Execution of Responsibilities.--Except, with respect to an +entity that is not the Universal Service Administrative Company, as +provided in section 802(a)(2)(B), section 802(b)(1)(A)(ii), and +subsections (c), (d), and (e) of section 804, the Commission-- + ``(1) including the offices of the Commission, shall carry out + the responsibilities assigned to the Commission under this title; + and + ``(2) may not delegate any of the responsibilities assigned to + the Commission under this title to any third party, including the + Universal Service Administrative Company. ``(d) Reporting.--Each fiscal year, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of @@ -755,21 +632,7 @@ implements this title, the Commission shall not be required to revisit such action to the extent that such action is consistent with this title.''. - Passed the Senate December 19, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 1822 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To require the Federal Communications Commission to issue rules -relating to the collection of data with respect to the availability of - broadband services, and for other purposes. + Vice President of the United States and + President of the Senate. From ee8654ec92827968bc876f126d6b9cbadbd0aa42 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 845/984] Senate-1838: Introduced to Senate --- bills_text/Senate-1838.txt | 625 +++++++++++++++++++++++++++++++++++++ 1 file changed, 625 insertions(+) create mode 100644 bills_text/Senate-1838.txt diff --git a/bills_text/Senate-1838.txt b/bills_text/Senate-1838.txt new file mode 100644 index 0000000..abaf91f --- /dev/null +++ b/bills_text/Senate-1838.txt @@ -0,0 +1,625 @@ +116th CONGRESS + 1st Session + S. 1838 + + To amend the Hong Kong Policy Act of 1992, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 13, 2019 + + Mr. Rubio (for himself, Mr. Cardin, Mr. Risch, Mr. Menendez, Mr. +Hawley, Mr. King, Mr. Markey, and Mr. Cotton) introduced the following + bill; which was read twice and referred to the Committee on Foreign + Relations + +_______________________________________________________________________ + + A BILL + + + + To amend the Hong Kong Policy Act of 1992, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Hong Kong Human +Rights and Democracy Act of 2019''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Definitions. +Sec. 3. Statement of policy. +Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992. +Sec. 5. Annual report on enforcement of United States export control + and sanctions laws by Hong Kong. +Sec. 6. Protecting United States citizens and others from rendition to + mainland China. +Sec. 7. Identification of persons responsible for abductions and for + other actions to suppress basic freedoms in + Hong Kong. +Sec. 8. Inadmissibility of certain aliens and family members. +Sec. 9. Financial measures. +Sec. 10. Reports to Congress. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Admitted; alien.--The terms ``admitted'' and ``alien'' + have the meanings given those terms in section 101 of the + Immigration and Nationality Act (8 U.S.C. 1101). + (2) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Armed Services of the Senate; + (B) the Committee on Banking, Housing, and Urban + Affairs of the Senate; + (C) the Committee on Foreign Relations of the + Senate; + (D) the Committee on Homeland Security and + Governmental Affairs of the Senate; + (E) the Committee on the Judiciary of the Senate; + (F) the Committee on Armed Services of the House of + Representatives; + (G) the Committee on Financial Services of the + House of Representatives; + (H) the Committee on Foreign Affairs of the House + of Representatives; + (I) the Committee on Homeland Security of the House + of Representatives; and + (J) the Committee on the Judiciary of the House of + Representatives. + (3) China.--The term ``China'' means the People's Republic + of China. + (4) Financial institution.--The term ``financial + institution'' has the meaning given that term in section 5312 + of title 31, United States Code. + (5) Social credit system.--The term ``social credit + system'' means a system proposed by the Government of China, + scheduled to be implemented by 2020, that would aggregate data + on every Chinese citizen and business from existing financial + credit systems, mass surveillance, public records, online + activity, and artificial intelligence to expand the notion of a + financial credit score, potentially rewarding or punishing + certain financial, social, religious, or political behaviors. + (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. + +SEC. 3. STATEMENT OF POLICY. + + It is the policy of the United States-- + (1) to reaffirm the principles and objectives set forth in + the United States-Hong Kong Policy Act of 1992 (Public Law 102- + 383), namely that-- + (A) the United States has ``a strong interest in + the continued vitality, prosperity, and stability of + Hong Kong''; + (B) ``[s]upport for democratization is a + fundamental principle of United States foreign + policy''; + (C) ``the human rights of the people of Hong Kong + are of great importance to the United States and are + directly relevant to United States interests in Hong + Kong [and] serve as a basis for Hong Kong's continued + economic prosperity''; and + (D) Hong Kong must remain sufficiently autonomous + from the People's Republic of China to justify a + different treatment under a particular law of the + United States, or any provision thereof, from that + accorded the People's Republic of China; + (2) to support the democratic aspirations of the people of + Hong Kong, as guaranteed to them by the Joint Declaration of + the Government of the United Kingdom of Great Britain and + Northern Ireland and the Government of the People's Republic of + China on the Question of Hong Kong, done at Beijing December + 19, 1984 (referred to in this Act as the ``Joint + Declaration''), the International Covenant on Civil and + Political Rights, done at New York December 19, 1966, the + Universal Declaration of Human Rights, done at Paris December + 10, 1948, and the Basic Law of the Hong Kong Special + Administrative Region of the People's Republic of China + (referred to in this Act as the ``Basic Law''); + (3) to urge the Government of the People's Republic of + China to uphold its commitments to Hong Kong, including + allowing the people of Hong Kong to rule Hong Kong with a high + degree of autonomy and without undue interference, and ensuring + that Hong Kong voters freely enjoy the right to elect the Chief + Executive and all members of the Hong Kong Legislative Council + by universal suffrage; + (4) to support the establishment of a genuine democratic + option to freely and fairly nominate and elect the Chief + Executive of Hong Kong, and the establishment by 2020 of open + and direct democratic elections for all members of the Hong + Kong Legislative Council; + (5) to support the robust exercise by residents of Hong + Kong of the rights to free speech and the press as guaranteed + to them by the Basic Law and the Joint Declaration; + (6) to ensure that all residents of Hong Kong are afforded + freedom from arbitrary or unlawful arrest, detention, or + imprisonment as guaranteed to them by the Basic Law and the + Joint Declaration; + (7) to draw international attention to any violations by + the Government of the People's Republic of China of the + fundamental rights of residents of Hong Kong and any + encroachment upon the autonomy guaranteed to Hong Kong by the + Basic Law and the Joint Declaration; + (8) to protect United States citizens and long-term + permanent residents living in Hong Kong and those visiting and + transiting through Hong Kong; and + (9) to maintain the economic and cultural ties that provide + significant benefits to the United States and Hong Kong. + +SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT OF 1992. + + (a) Report.--Title II of the United States-Hong Kong Policy Act of +1992 (22 U.S.C. 5721 et seq.) is amended-- + (1) in section 201(b), by inserting ``or after'' after + ``entered into before''; and + (2) adding at the end the following: + +``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY OF HONG + KONG. + + ``(a) Report.-- + ``(1) In general.--The Secretary of State shall annually + certify to Congress, in conjunction with the report required + under section 301, whether Hong Kong is sufficiently autonomous + to justify special treatment by the United States for bilateral + agreements and programs, in accordance with this Act, including + the degree to which Hong Kong's autonomy has been eroded due to + actions taken by the Government of China that are inconsistent + with its commitments in the Basic Law and the Joint Declaration + and the impact of such erosion on specific areas of cooperation + with the United States, including on political rights, civil + liberties, rule of law, freedom of information, religious + freedom, and democratic governance in Hong Kong. + ``(2) Factor for consideration.--In making a certification + under paragraph (1), the Secretary of State should consider the + terms, obligations, and expectations expressed in the Joint + Declaration with respect to Hong Kong. + ``(b) Waiver Authority.--The Secretary of State may waive the +application of subsection (a) if the Secretary-- + ``(1) determines that such a waiver is in the national + security interests of the United States; and + ``(2) on or before the date on which the waiver takes + effect, notifies the Committee on Foreign Relations of the + Senate and the Committee on Foreign Affairs of the House of + Representatives of the intent to waive such subsection.''. + (b) Visa Applicants.--Title II of the United States-Hong Kong +Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended by subsection +(a), is further amended by adding at the end the following: + +``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR + WORK IN THE UNITED STATES. + + ``(a) Statement of Policy.--Notwithstanding any other provision of +law, applications for visas to enter, study, or work in the United +States, which are submitted by otherwise qualified applicants who +resided in Hong Kong in 2014, shall not be denied on the basis of the +applicant's arrest, detention, or other adverse government action taken +as a result of the applicant's participation in nonviolent protest +activities related to the electoral process, internationally recognized +human rights, protecting an independent judiciary, or the rule of law. + ``(b) Implementation.--The Secretary of State shall take such steps +as may be necessary to ensure that consular officers are aware of the +policy described in subsection (a) and receive appropriate training and +support to ensure that the policy is carried out so that affected +individuals do not face discrimination or unnecessary delay in the +processing of their visa applications, including-- + ``(1) providing specialized training for consular officers + posted to Hong Kong, Beijing, Guangzhou, or Macau; + ``(2) instructing the United States Consulate in Hong Kong + to maintain an active list of individuals whom are known to + have been detained, arrested, or otherwise targeted by the + Government of Hong Kong or of China, or intermediaries of such + governments, as a result of their participation in the 2014 + protests, to facilitate the cross-checking of visa applications + for Hong Kong residents; + ``(3) amending the physical and online versions of the visa + application, as necessary, to notify relevant applicants of + such policy; and + ``(4) instructing personnel at the United States Consulate + in Hong Kong to engage with relevant individuals in the Hong + Kong community to proactively inform them that they will not + face discrimination when applying for a visa to the United + States due to any adverse action taken against them by the + authorities as a result of their participation in the 2014 + protests or other peaceful pro-democracy or human rights + demonstrations. + ``(c) Cooperation With Like-Minded Countries.--The Secretary of +State, or his or her designee, shall contact appropriate +representatives of other democratic countries, particularly those who +receive a large number of applicants for student and employment visas +from Hong Kong-- + ``(1) to inform them of the United States policy regarding + arrests for participation in nonviolent protests in Hong Kong; + ``(2) to encourage them to take similar steps to ensure the + rights of nonviolent protesters are protected from + discrimination due to the actions of the Government of Hong + Kong and of China; and + ``(3) to offer to share information, as appropriate, + regarding the execution of such policy, including information + regarding persons eligible for relief under such policy.''. + +SEC. 5. ANNUAL REPORT ON ENFORCEMENT OF UNITED STATES EXPORT CONTROL + AND SANCTIONS LAWS BY HONG KONG. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and annually thereafter, the Secretary of +Commerce, in consultation with the Secretary of the Treasury and the +Secretary of State, shall submit a report to the committees specified +in subsection (b) that includes-- + (1) an assessment of whether the Government of Hong Kong + has adequately enforced the export control laws of the United + States with respect to sensitive dual-use items; + (2) to the extent possible, an identification of-- + (A) any items that were reexported from Hong Kong + in violation of such laws; + (B) the countries and persons to which such items + were reexported; and + (C) how such items were used; + (3) an assessment of whether sensitive dual-use items + subject to the export control laws of the United States are + being-- + (A) transshipped through Hong Kong; and + (B) used to develop-- + (i) the Sharp Eyes, Skynet, Integrated + Joint Operations Platform, or other systems of + mass surveillance and predictive policing; or + (ii) the ``social credit'' system of China; + (4) an assessment of the efforts by the Government of China + to use the status of Hong Kong as a separate customs territory + to import items into China in violation of the export control + laws of the United States, whether as part of the Greater Bay + Area plan, the assignment of Hong Kong by Beijing as a national + technology and innovation center, or through other programs + that may exploit Hong Kong as a conduit for controlled + sensitive technology; + (5) an assessment of whether the Government of Hong Kong + has adequately enforced sanctions imposed by the United States + and the United Nations; and + (6) a description of the types of goods and services + transshipped or reexported through Hong Kong in violation of + such sanctions to-- + (A) North Korea or Iran; or + (B) other countries, regimes, or persons subject to + such sanctions for engaging in activities-- + (i) relating to international terrorism, + international narcotics trafficking, or the + proliferation of weapons of mass destruction; + or + (ii) that otherwise present a threat to the + national security, foreign policy, or economy + of the United States. + (b) Committees Specified.--The committees specified in this +subsection are-- + (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 Commerce, Science, and Transportation + of the Senate; + (4) the Committee on Foreign Affairs of the House of + Representatives; and + (5) the Committee on Energy and Commerce of the House of + Representatives. + (c) Form of Report.--The report required under subsection (a) shall +be submitted in unclassified form, but may include a classified annex. + +SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM RENDITION TO + MAINLAND CHINA. + + (a) Findings.--Congress makes the following findings: + (1) The proposed amendments to Hong Kong's Fugitive + Ordinance, if enacted-- + (A) would allow rendition from Hong Kong of + residents or foreign nationals to countries-- + (i) with criminal procedure systems that + lack strong protections for the rights of + defendants; or + (ii) in which the law is used as to repress + internationally recognized human rights, + including to mainland China; + (B) would remove independent legislative oversight + and appropriate judicial review of extradition + requests; + (C) may increase the influence of the Government of + China in Hong Kong and further erode the autonomy + guaranteed Hong Kong by the Joint Declaration; and + (D) would erode Hong Kong's reputation as a center + of commerce and freedom governed by the rule of law. + (2) The Government of China has subjected Chinese and + foreign nationals, including citizens of the United States, + Canada, Australia, Sweden, and Taiwan, to arbitrary detention, + televised confessions, denial of legal representation and + medical treatment, and other type of mistreatment. + (b) Policy Statements.--It is the policy of the United States-- + (1) to ensure that United States citizens are protected + from rendition to mainland China; + (2) pursuant to section 103(7) of the United States-Hong + Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage + United States businesses ``to continue to operate in Hong Kong + in accordance with applicable United States and Hong Kong + law''; and + (3) pursuant to section 201(b) of such Act (22 U.S.C. + 5721(b)), to decide whether the Government of Hong Kong is + ``legally competent to carry out its obligations'' under + treaties and international agreements established between the + United States and Hong Kong. + (c) Response to Threat of Rendition.--If the proposed amendments to +Hong Kong's Fugitive Offenders Ordinance are enacted, and the amended +law allows renditions to countries that lack protection for the rights +of defendants-- + (1) not later than 30 days after the date of the enactment + of such amendments, the President shall submit a report to the + appropriate congressional committees that-- + (A) assesses whether the Government of Hong Kong is + ``legally competent'' to administer the United States- + Hong Kong Agreement for the Surrender of Fugitive + Offenders; + (B) determines whether any additional authorities + are needed to revise or withdraw from that treaty to + protect United States citizens and national security + and to support the guaranteed protections of the Joint + Declaration; and + (C) includes a strategy for protecting United + States citizens from rendition to mainland China from + Hong Kong, including an assessment of-- + (i) whether additional resources are needed + for American Citizen Services at the United + States Consulate in Hong Kong; and + (ii) whether the Department of State will + revise the travel advisory for Hong Kong to + reflect the potential impact of the revised + Fugitive Offenders Ordinance on United States + residents and individuals traveling to, or + transiting through, Hong Kong; and + (2) if the Government of Hong Kong enacts a new law + regarding national security, pursuant to Article 23 of the + Basic Law, the President and the Secretary of State shall take + the actions required under paragraph (1) and any additional + actions required under section 202 of the United States-Hong + Kong Policy Act of 1992 (U.S.C. 5722) unless Secretary of State + certifies that-- + (A) the new law does not violate the guarantees of + the Joint Declaration; and + (B) the internationally recognized human rights of + Hong Kong citizens and foreign residents will not be + restricted as a result of the new law's implementation. + +SEC. 7. IDENTIFICATION OF PERSONS RESPONSIBLE FOR ABDUCTIONS AND FOR + OTHER ACTIONS TO SUPPRESS BASIC FREEDOMS IN HONG KONG. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, and annually thereafter in conjunction with the +publication of the report required under section 301 of the Hong Kong +Policy Act of 1992 (22 U.S.C. 5731) the President shall submit, to the +appropriate congressional committees, a list containing the name of +each person who the President determines, based on credible +information, is responsible for-- + (1) the surveillance, abduction, detention, abuse, or + forced confession of Gui Minhai, Lee Bo, Lam Wing-kee, Lui Bo, + or Cheung Chi-ping, all of whom are involved in the operation + of the Mighty Current Publishing House based in Hong Kong; + (2) the surveillance, abduction, detention, abuse, or + forced confession of Guo Zhongxiao or Wang Jianmin, both of + whom are involved in the operation of magazine publications + based in Hong Kong; or + (3) the rendition to the mainland of the People's Republic + of China of any individual, or the arbitrary detention, + torture, or forced confession of any individual after + rendition, in connection with the exercise by that individual + of internationally recognized human rights in Hong Kong, + including such individuals extradited to the mainland of the + People's Republic of China under any amended fugitive offenders + ordinance in Hong Kong. + (b) Consideration of Certain Information.--In preparing the list +required under subsection (a), the President shall consider-- + (1) information provided by the chairperson and ranking + member of each of the appropriate congressional committees; and + (2) credible information obtained by other countries or + nongovernmental organizations, including organizations inside + China or Hong Kong, that monitor the human rights abuses of the + Government of the China or its agents. + (c) Requests by Chairperson and Ranking Member of Appropriate +Congressional Committees.-- + (1) In general.--Not later than 120 days after receiving a + written request from the chairperson and ranking member of 1 of + the appropriate congressional committees with respect to + whether a person meets the criteria for being added to the list + required under subsection (a), the President shall submit a + response to the chairperson and ranking member of the committee + that made the request with respect to the status of the person. + (2) Information about removal decisions.--If the President + removes from the list required under subsection (a) a person + that was placed on the list at the request of the chairperson + and ranking member of 1 of the appropriate congressional + committees, the President shall provide the chairperson and + ranking member with any information that contributed to the + decision to remove the person. + (3) Form.--The President may submit a response required + under paragraph (1) in classified form if the President + determines that such classification is vital to the national + security interests of the United States. + +SEC. 8. INADMISSIBILITY OF CERTAIN ALIENS AND FAMILY MEMBERS. + + (a) In General.--Section 212(a)(2) of the Immigration and +Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end +the following: + ``(J) Certain aliens responsible for abductions or + extraditions from hong kong.--Any alien included in the + list submitted by the President under section 7(a) of + the Hong Kong Human Rights and Democracy Act of 2019 is + inadmissible.''. + (b) Current Visas Revoked.-- + (1) In general.--The issuing consular officer, the + Secretary of State, or the Secretary of Homeland Security (or a + designee of either Secretary) shall revoke any visa or other + entry documentation issued to any alien who is included on the + list required under section 7(a), regardless of when such visa + or entry documentation was issued. + (2) Effective date.--Revocations under paragraph (1) shall + take effect on the date such action is taken and shall + automatically cancel any other valid visa or entry + documentation that is in the alien's possession. + (c) Waiver for National Security Interests.-- + (1) In general.--The Secretary of State may waive, with + respect to an alien, the application of section 212(a)(2) of + the Immigration and Nationality Act, as amended by subsection + (a), or the application of subsection (b) if the Secretary-- + (A) determines that such waiver-- + (i) is necessary to permit the United + States to comply with the Agreement between the + United Nations and the United States of America + regarding the Headquarters of the United + Nations, signed June 26, 1947, and entered into + force November 21, 1947, or other applicable + international obligations of the United States; + or + (ii) is vital to the national security + interests of the United States; and + (B) before granting such waiver, provides to the + appropriate congressional committees notice of, and a + justification for, the waiver. + (2) Timing for certain waivers.--Notification under + subparagraph (B) of paragraph (1) shall be made not later than + 15 days before granting a waiver under such paragraph if the + Secretary grants such waiver under subparagraph (A)(ii) of such + paragraph. + (d) Regulatory Authority.--The Secretary of State shall prescribe +such regulations as may be necessary to carry out this section. + +SEC. 9. FINANCIAL MEASURES. + + (a) Blocking of Property.--The President shall exercise all powers +granted by the International Emergency Economic Powers Act (50 U.S.C. +1701 et seq.) (except that the requirements of section 202 of such Act +(50 U.S.C. 1701) shall not apply) to the extent necessary to block and +prohibit all transactions in all property and interests in property of +a person on the list required under section 7(a) if such property and +interests in property-- + (1) are in the United States; + (2) come within the United States; or + (3) are or come within the possession or control of a + United States person. + (b) Exception for Importation of Goods.-- + (1) In general.--The requirement to impose sanctions under + subsection (a) shall not include the authority to impose + sanctions with respect to the importation of goods. + (2) Good defined.--In this subsection, the term ``good'' + means any article, natural or manmade substance, material, + supply or manufactured product, including inspection and test + equipment, and excluding technical data. + (c) Waiver for National Security Interests.--The President may +waive the application of subsection (a) if the President-- + (1) determines that such waiver is vital for the national + security interests of the United States; and + (2) not later than 15 days before granting the waiver, + submits to the appropriate congressional committees notice of, + and a justification for, the waiver. + (d) Enforcement.-- + (1) Penalties.--Any person that violates, attempts to + violate, conspires to violate, or causes a violation of + subsection (a) or any regulation, license, or order issued to + carry out that subsection shall be subject to the penalties set + forth in subsections (b) and (c) of section 206 of the + International Emergency Economic Powers Act (50 U.S.C. 1705) to + the same extent as a person that commits an unlawful act + described in subsection (a) of such section. + (2) Requirements for financial institutions.--Not later + than 120 days after the date of the enactment of this Act, the + Secretary of the Treasury shall prescribe or amend regulations + to the extent necessary to require each financial institution + that is a United States person and has within its possession or + control assets that are property or interests in property of a + person on the list required under section 7(a) to certify to + the Secretary that, to the best of the knowledge of the + financial institution, the financial institution has blocked + all assets within the possession or control of the financial + institution in accordance with subsection (a). + (3) Notification to congress.--Not later than 10 days + before prescribing or revising regulations under paragraph (2), + the President shall notify the appropriate congressional + committees of the proposed regulations and the provisions of + this Act or amendments made by this Act that the regulations + are implementing. + (e) Rulemaking.--The Secretary of the Treasury shall issue such +regulations, licenses, and orders as may be necessary to carry out this +section. + +SEC. 10. REPORTS TO CONGRESS. + + (a) In General.--The President shall submit a report to the +appropriate congressional committees that includes-- + (1) a list of each foreign person with respect to which the + President imposed sanctions pursuant to section 8 or 9 during + the 1-year period preceding the submission of the report; + (2) a description of the type of sanctions imposed with + respect to each such person; + (3) the number of foreign persons with respect to which the + President-- + (A) imposed sanctions under section 8 or 9 during + that year; and + (B) terminated sanctions under section 8 or 9 + during that year; + (4) the dates on which such sanctions were imposed or + terminated; and + (5) the reasons for imposing or terminating such sanctions. + (b) Dates for Submission.-- + (1) Initial report.--The President shall submit the initial + report under subsection (a) not later than 1 year after the + date of the enactment of this Act. + (2) Subsequent reports.-- + (A) In general.--The President shall submit a + report under subsection (a) on December 10, or the + first day thereafter on which both Houses of Congress + are in session, of-- + (i) the calendar year in which the initial + report is submitted if the initial report is + submitted before December 10 of that calendar + year; and + (ii) each calendar year thereafter. + (c) Form of Report.-- + (1) In general.--Each report required under subsection (a) + shall be submitted in unclassified form, but may include a + classified annex. + (2) Exception.--The name of a foreign person to be included + in the list required under subsection (a)(1) may not be + included in the classified annex authorized under paragraph (1) + unless the President-- + (A) determines that such inclusion is vital to the + national security interests of the United States; + (B) uses the annex in a manner consistent with + congressional intent and the purposes of this Act; and + (C) not later than 15 days before including such + name in the classified annex, provides to the + appropriate congressional committees notice of, and a + justification for, including the name in the classified + annex despite any publicly available credible + information indicating that the person engaged in an + activity described in section 8 or 9. + (d) Public Availability.-- + (1) In general.--The unclassified portion of the report + required under subsection (a) shall be made available to the + public, including through publication in the Federal Register. + (2) Nonapplicability of confidentiality requirement with + respect to visa records.--The President shall publish the list + required under subsection (a)(1) without regard to the + requirements under section 222(f) of the Immigration and + Nationality Act (8 U.S.C. 1202(f)) with respect to + confidentiality of records pertaining to the issuance or + refusal of visas or permits to enter the United States. + \ No newline at end of file From d6b389972d49befb20c3a977249802428d5e4881 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 846/984] Senate-1838: Engrossed in Senate --- bills_text/Senate-1838.txt | 993 +++++++++++++++++++------------------ 1 file changed, 517 insertions(+), 476 deletions(-) diff --git a/bills_text/Senate-1838.txt b/bills_text/Senate-1838.txt index abaf91f..a60d603 100644 --- a/bills_text/Senate-1838.txt +++ b/bills_text/Senate-1838.txt @@ -2,24 +2,9 @@ 1st Session S. 1838 - To amend the Hong Kong Policy Act of 1992, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - June 13, 2019 - - Mr. Rubio (for himself, Mr. Cardin, Mr. Risch, Mr. Menendez, Mr. -Hawley, Mr. King, Mr. Markey, and Mr. Cotton) introduced the following - bill; which was read twice and referred to the Committee on Foreign - Relations - _______________________________________________________________________ - A BILL + AN ACT @@ -39,64 +24,63 @@ Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Statement of policy. Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992. -Sec. 5. Annual report on enforcement of United States export control - and sanctions laws by Hong Kong. +Sec. 5. Annual report on violations of United States export control + laws and United Nations sanctions occurring + in Hong Kong. Sec. 6. Protecting United States citizens and others from rendition to - mainland China. -Sec. 7. Identification of persons responsible for abductions and for - other actions to suppress basic freedoms in - Hong Kong. -Sec. 8. Inadmissibility of certain aliens and family members. -Sec. 9. Financial measures. -Sec. 10. Reports to Congress. + the People's Republic of China. +Sec. 7. Sanctions relating to undermining fundamental freedoms and + autonomy in Hong Kong. +Sec. 8. Sanctions reports. +Sec. 9. Sense of Congress on People's Republic of China state- + controlled media. +Sec. 10. Sense of Congress on commercial exports of crowd control + equipment to Hong Kong. SEC. 2. DEFINITIONS. In this Act: - (1) Admitted; alien.--The terms ``admitted'' and ``alien'' - have the meanings given those terms in section 101 of the - Immigration and Nationality Act (8 U.S.C. 1101). - (2) Appropriate congressional committees.--The term + (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- - (A) the Committee on Armed Services of the Senate; - (B) the Committee on Banking, Housing, and Urban - Affairs of the Senate; - (C) the Committee on Foreign Relations of the + (A) the Committee on Foreign Relations of the Senate; + (B) the Committee on Armed Services of the Senate; + (C) the Committee on Banking, Housing, and Urban + Affairs of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on the Judiciary of the Senate; - (F) the Committee on Armed Services of the House of + (F) the Committee on Foreign Affairs of the House + of Representatives; + (G) the Committee on Armed Services of the House of Representatives; - (G) the Committee on Financial Services of the + (H) the Committee on Financial Services of the House of Representatives; - (H) the Committee on Foreign Affairs of the House - of Representatives; (I) the Committee on Homeland Security of the House of Representatives; and (J) the Committee on the Judiciary of the House of Representatives. - (3) China.--The term ``China'' means the People's Republic - of China. - (4) Financial institution.--The term ``financial - institution'' has the meaning given that term in section 5312 - of title 31, United States Code. - (5) Social credit system.--The term ``social credit - system'' means a system proposed by the Government of China, - scheduled to be implemented by 2020, that would aggregate data - on every Chinese citizen and business from existing financial - credit systems, mass surveillance, public records, online - activity, and artificial intelligence to expand the notion of a - financial credit score, potentially rewarding or punishing - certain financial, social, religious, or political behaviors. - (6) United states person.--The term ``United States + (2) Social credit system.--The term ``social credit + system'' means a system proposed by the Government of the + People's Republic of China and scheduled for implementation by + 2020, which would-- + (A) use existing financial credit systems, public + records, online activity, and other tools of + surveillance to aggregate data on every Chinese citizen + and business; and + (B) use such data to monitor, shape, and rate + certain financial, social, religious, or political + behaviors. + (3) 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. + (A) a United States citizen; + (B) a lawfully admitted permanent resident of the + United States; or + (C) an entity organized under the laws of-- + (i) the United States; or + (ii) any jurisdiction within the United + States, including a foreign branch of such an + entity. SEC. 3. STATEMENT OF POLICY. @@ -108,96 +92,190 @@ SEC. 3. STATEMENT OF POLICY. the continued vitality, prosperity, and stability of Hong Kong''; (B) ``[s]upport for democratization is a - fundamental principle of United States foreign - policy''; + fundamental principle of United States foreign policy'' + and therefore ``naturally applies to United States + policy toward Hong Kong''; (C) ``the human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong [and] serve as a basis for Hong Kong's continued economic prosperity''; and (D) Hong Kong must remain sufficiently autonomous - from the People's Republic of China to justify a - different treatment under a particular law of the - United States, or any provision thereof, from that - accorded the People's Republic of China; - (2) to support the democratic aspirations of the people of - Hong Kong, as guaranteed to them by the Joint Declaration of - the Government of the United Kingdom of Great Britain and - Northern Ireland and the Government of the People's Republic of - China on the Question of Hong Kong, done at Beijing December - 19, 1984 (referred to in this Act as the ``Joint - Declaration''), the International Covenant on Civil and - Political Rights, done at New York December 19, 1966, the - Universal Declaration of Human Rights, done at Paris December - 10, 1948, and the Basic Law of the Hong Kong Special - Administrative Region of the People's Republic of China - (referred to in this Act as the ``Basic Law''); - (3) to urge the Government of the People's Republic of + from the People's Republic of China to ``justify + treatment under a particular law of the United States, + or any provision thereof, different from that accorded + the People's Republic of China''; + (2) to support the high degree of autonomy and fundamental + rights and freedoms of the people of Hong Kong, as enumerated + by-- + (A) the Joint Declaration of the Government of the + United Kingdom of Great Britain and Northern Ireland + and the Government of the People's Republic of China on + the Question of Hong Kong, done at Beijing December 19, + 1984 (referred to in this Act as the ``Joint + Declaration''); + (B) the International Covenant on Civil and + Political Rights, done at New York December 19, 1966; + and + (C) the Universal Declaration of Human Rights, done + at Paris December 10, 1948; + (3) to support the democratic aspirations of the people of + Hong Kong, including the ``ultimate aim'' of the selection of + the Chief Executive and all members of the Legislative Council + by universal suffrage, as articulated in the Basic Law of the + Hong Kong Special Administrative Region of the People's + Republic of China (referred to in this Act as the ``Basic + Law''); + (4) to urge the Government of the People's Republic of China to uphold its commitments to Hong Kong, including - allowing the people of Hong Kong to rule Hong Kong with a high - degree of autonomy and without undue interference, and ensuring - that Hong Kong voters freely enjoy the right to elect the Chief - Executive and all members of the Hong Kong Legislative Council - by universal suffrage; - (4) to support the establishment of a genuine democratic + allowing the people of Hong Kong to govern Hong Kong with a + high degree of autonomy and without undue interference, and + ensuring that Hong Kong voters freely enjoy the right to elect + the Chief Executive and all members of the Hong Kong + Legislative Council by universal suffrage; + (5) to support the establishment of a genuine democratic option to freely and fairly nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of open and direct democratic elections for all members of the Hong Kong Legislative Council; - (5) to support the robust exercise by residents of Hong - Kong of the rights to free speech and the press as guaranteed - to them by the Basic Law and the Joint Declaration; - (6) to ensure that all residents of Hong Kong are afforded - freedom from arbitrary or unlawful arrest, detention, or - imprisonment as guaranteed to them by the Basic Law and the - Joint Declaration; - (7) to draw international attention to any violations by + (6) to support the robust exercise by residents of Hong + Kong of the rights to free speech, the press, and other + fundamental freedoms, as provided by the Basic Law, the Joint + Declaration, and the International Covenant on Civil and + Political Rights; + (7) to support freedom from arbitrary or unlawful arrest, + detention, or imprisonment for all Hong Kong residents, as + provided by the Basic Law, the Joint Declaration, and the + International Covenant on Civil and Political Rights; + (8) to draw international attention to any violations by the Government of the People's Republic of China of the - fundamental rights of residents of Hong Kong and any - encroachment upon the autonomy guaranteed to Hong Kong by the - Basic Law and the Joint Declaration; - (8) to protect United States citizens and long-term - permanent residents living in Hong Kong and those visiting and - transiting through Hong Kong; and - (9) to maintain the economic and cultural ties that provide - significant benefits to the United States and Hong Kong. + fundamental rights of the people of Hong Kong, as provided by + the International Covenant on Civil and Political Rights, and + any encroachment upon the autonomy guaranteed to Hong Kong by + the Basic Law and the Joint Declaration; + (9) to protect United States citizens and long-term + permanent residents living in Hong Kong, as well as people + visiting and transiting through Hong Kong; + (10) to maintain the economic and cultural ties that + provide significant benefits to both the United States and Hong + Kong; and + (11) to coordinate with allies, including the United + Kingdom, Australia, Canada, Japan, and the Republic of Korea, + to promote democracy and human rights in Hong Kong. SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT OF 1992. (a) Report.--Title II of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is amended-- - (1) in section 201(b), by inserting ``or after'' after - ``entered into before''; and + (1) in section 201(b), by striking ``such date'' each place + such term appears and inserting ``the date of the enactment of + the Hong Kong Human Rights and Democracy Act of 2019''; and (2) adding at the end the following: ``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY OF HONG KONG. - ``(a) Report.-- - ``(1) In general.--The Secretary of State shall annually - certify to Congress, in conjunction with the report required - under section 301, whether Hong Kong is sufficiently autonomous - to justify special treatment by the United States for bilateral - agreements and programs, in accordance with this Act, including - the degree to which Hong Kong's autonomy has been eroded due to - actions taken by the Government of China that are inconsistent - with its commitments in the Basic Law and the Joint Declaration - and the impact of such erosion on specific areas of cooperation - with the United States, including on political rights, civil - liberties, rule of law, freedom of information, religious - freedom, and democratic governance in Hong Kong. - ``(2) Factor for consideration.--In making a certification - under paragraph (1), the Secretary of State should consider the - terms, obligations, and expectations expressed in the Joint - Declaration with respect to Hong Kong. - ``(b) Waiver Authority.--The Secretary of State may waive the -application of subsection (a) if the Secretary-- - ``(1) determines that such a waiver is in the national - security interests of the United States; and - ``(2) on or before the date on which the waiver takes - effect, notifies the Committee on Foreign Relations of the - Senate and the Committee on Foreign Affairs of the House of - Representatives of the intent to waive such subsection.''. + ``(a) Certification.-- + ``(1) In general.--Except as provided in subsection (b), + the Secretary of State, on at least an annual basis, and in + conjunction with the report required under section 301, shall + issue a certification to Congress that-- + ``(A) indicates whether Hong Kong continues to + warrant treatment under United States law in the same + manner as United States laws were applied to Hong Kong + before July 1, 1997; + ``(B) addresses-- + ``(i) commercial agreements; + ``(ii) law enforcement cooperation, + including extradition requests; + ``(iii) sanctions enforcement; + ``(iv) export controls, and any other + agreements and forms of exchange involving dual + use, critical, or other sensitive technologies; + ``(v) any formal treaties or agreements + between the United States and Hong Kong; + ``(vi) other areas of bilateral cooperation + that the Secretary determines to be relevant; + and + ``(vii) decision-making within the + Government of Hong Kong, including executive, + legislative, and judicial structures, + including-- + ``(I) freedom of assembly; + ``(II) freedom of speech; + ``(III) freedom of expression; and + ``(IV) freedom of the press, + including the Internet and social + media; + ``(viii) universal suffrage, including the + ultimate aim of the selection of the Chief + Executive and all members of the Legislative + Council by universal suffrage; + ``(ix) judicial independence; + ``(x) police and security functions; + ``(xi) education; + ``(xii) laws or regulations regarding + treason, secession, sedition, subversion + against the Central People's Government of the + People's Republic of China, or theft of state + secrets; + ``(xiii) laws or regulations regarding + foreign political organizations or bodies; + ``(xiv) laws or regulations regarding + political organizations; and + ``(xv) other rights enumerated in the + Universal Declaration of Human Rights, done at + Paris December 10, 1948, and the International + Covenant on Civil and Political Rights, done at + New York December 19, 1966; and + ``(C) includes-- + ``(i) an assessment of the degree of any + erosions to Hong Kong's autonomy in each + category listed in subparagraph (B) resulting + from actions by the Government of the People's + Republic of China that are inconsistent with + its commitments under the Basic Law or the + Joint Declaration; + ``(ii) an evaluation of the specific + impacts to any areas of cooperation between the + United States and Hong Kong resulting from + erosions of autonomy in Hong Kong or failures + of the Government of Hong Kong to fulfill + obligations to the United States under + international agreements within the categories + listed in subparagraph (B); and + ``(iii) a list of any specific actions + taken by the United States Government in + response to any erosion of autonomy or failures + to fulfill obligations to the United States + under international agreements identified in + this certification and the report required + under section 301. + ``(2) Factor for consideration.--In making each + certification under paragraph (1), the Secretary of State + should consider the terms, obligations, and expectations + expressed in the Joint Declaration with respect to Hong Kong. + ``(3) Additional certifications.--The certification under + section (1) shall be issued annually, but the Secretary may + issue additional certifications at any time if the Secretary + determines it is warranted by circumstances in Hong Kong. + ``(b) Waiver Authority.-- + ``(1) In general.--The Secretary of State may waive the + application of subsection (a) if-- + ``(A) the Secretary determines that such a waiver + is in the national security interests of the United + States; and + ``(B) on or before the date on which the waiver + takes effect, the Secretary notifies the Committee on + Foreign Relations of the Senate and the Committee on + Foreign Affairs of the House of Representatives of the + intent to waive such subsection; + ``(2) Partial waiver.--Except for the list of actions + described in subsection (a)(1)(C)(iii), the Secretary of State + may waive relevant parts of the application of subsection (a) + if the President issues an Executive order under section 202 + that suspends the application of any particular United States + law to Hong Kong.''. (b) Visa Applicants.--Title II of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended by subsection (a), is further amended by adding at the end the following: @@ -205,71 +283,68 @@ Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended by subsection ``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR WORK IN THE UNITED STATES. - ``(a) Statement of Policy.--Notwithstanding any other provision of -law, applications for visas to enter, study, or work in the United -States, which are submitted by otherwise qualified applicants who -resided in Hong Kong in 2014, shall not be denied on the basis of the -applicant's arrest, detention, or other adverse government action taken -as a result of the applicant's participation in nonviolent protest -activities related to the electoral process, internationally recognized -human rights, protecting an independent judiciary, or the rule of law. + ``(a) Visa Eligibility for Certain Hong Kong Students.-- +Notwithstanding any other provision of law, applications for visas to +enter, study, or work in the United States, which are submitted by +otherwise qualified applicants who resided in Hong Kong in 2014 and +later, may not be denied primarily on the basis of the applicant's +subjection to politically-motivated arrest, detention, or other adverse +government action. ``(b) Implementation.--The Secretary of State shall take such steps as may be necessary to ensure that consular officers are aware of the policy described in subsection (a) and receive appropriate training and support to ensure that the policy is carried out so that affected individuals do not face discrimination or unnecessary delay in the processing of their visa applications, including-- - ``(1) providing specialized training for consular officers - posted to Hong Kong, Beijing, Guangzhou, or Macau; + ``(1) providing specialized training for all consular + officers posted to the United States Embassy in Beijing or to + any United States consulate in the People's Republic of China, + the Hong Kong Special Administrative Region, or the Macau + Special Administrative Region; ``(2) instructing the United States Consulate in Hong Kong - to maintain an active list of individuals whom are known to - have been detained, arrested, or otherwise targeted by the - Government of Hong Kong or of China, or intermediaries of such - governments, as a result of their participation in the 2014 - protests, to facilitate the cross-checking of visa applications - for Hong Kong residents; - ``(3) amending the physical and online versions of the visa - application, as necessary, to notify relevant applicants of - such policy; and - ``(4) instructing personnel at the United States Consulate - in Hong Kong to engage with relevant individuals in the Hong - Kong community to proactively inform them that they will not - face discrimination when applying for a visa to the United - States due to any adverse action taken against them by the - authorities as a result of their participation in the 2014 - protests or other peaceful pro-democracy or human rights - demonstrations. - ``(c) Cooperation With Like-Minded Countries.--The Secretary of -State, or his or her designee, shall contact appropriate -representatives of other democratic countries, particularly those who -receive a large number of applicants for student and employment visas -from Hong Kong-- + to maintain an active list of individuals who are known to have + been formally charged, detained, or convicted by the Government + of Hong Kong Special Administrative Region or by the Government + of the People's Republic of China, or intermediaries of such + governments, based on politically-motivated considerations + related to their exercise of rights enumerated in the Universal + Declaration of Human Rights, done at Paris December 10, 1948, + or the International Covenant on Civil and Political Rights, + done at New York December 19, 1966, to facilitate the cross- + checking of visa applications for Hong Kong residents; and + ``(3) updating any relevant United States Government + websites with information on the policy described in subsection + (a). + ``(c) Cooperation With Like-minded Countries.--The Secretary of +State shall contact appropriate representatives of other democratic +countries, particularly those who receive a large number of applicants +for student and employment visas from Hong Kong-- ``(1) to inform them of the United States policy regarding - arrests for participation in nonviolent protests in Hong Kong; + arrests for participation in nonviolent protests in Hong Kong; + and ``(2) to encourage them to take similar steps to ensure the rights of nonviolent protesters are protected from discrimination due to the actions of the Government of Hong - Kong and of China; and - ``(3) to offer to share information, as appropriate, - regarding the execution of such policy, including information - regarding persons eligible for relief under such policy.''. + Kong and of the Government of the People's Republic of + China.''. -SEC. 5. ANNUAL REPORT ON ENFORCEMENT OF UNITED STATES EXPORT CONTROL - AND SANCTIONS LAWS BY HONG KONG. +SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED STATES EXPORT CONTROL + LAWS AND UNITED NATIONS SANCTIONS OCCURRING IN HONG KONG. (a) In General.--Not later than 180 days after the date of the -enactment of this Act, and annually thereafter, the Secretary of +enactment of this Act, and annually thereafter until the date that is 7 +years after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit a report to the committees specified in subsection (b) that includes-- - (1) an assessment of whether the Government of Hong Kong - has adequately enforced the export control laws of the United - States with respect to sensitive dual-use items; - (2) to the extent possible, an identification of-- + (1) an assessment of the nature and extent of violations of + United States export control and sanctions laws occurring in + Hong Kong; + (2) to the extent possible, the identification of-- (A) any items that were reexported from Hong Kong - in violation of such laws; - (B) the countries and persons to which such items - were reexported; and + in violation of the laws referred to in paragraph (1); + (B) the countries and persons to which the items + referred to in subparagraph (A) were reexported; and (C) how such items were used; (3) an assessment of whether sensitive dual-use items subject to the export control laws of the United States are @@ -279,18 +354,20 @@ in subsection (b) that includes-- (i) the Sharp Eyes, Skynet, Integrated Joint Operations Platform, or other systems of mass surveillance and predictive policing; or - (ii) the ``social credit'' system of China; - (4) an assessment of the efforts by the Government of China - to use the status of Hong Kong as a separate customs territory - to import items into China in violation of the export control - laws of the United States, whether as part of the Greater Bay - Area plan, the assignment of Hong Kong by Beijing as a national - technology and innovation center, or through other programs - that may exploit Hong Kong as a conduit for controlled - sensitive technology; + (ii) the ``social credit system'' of the + People's Republic of China; + (4) an assessment of the efforts by the Government of the + People's Republic of China to use the status of Hong Kong as a + separate customs territory to import items into the People's + Republic of China from Hong Kong in violation of the export + control laws of the United States, whether as part of the + Greater Bay Area plan, through the assignment by Beijing of + Hong Kong as a national technology and innovation center, or + through other programs that may exploit Hong Kong as a conduit + for controlled sensitive technology; (5) an assessment of whether the Government of Hong Kong - has adequately enforced sanctions imposed by the United States - and the United Nations; and + has adequately enforced sanctions imposed by the United + Nations; (6) a description of the types of goods and services transshipped or reexported through Hong Kong in violation of such sanctions to-- @@ -303,7 +380,13 @@ in subsection (b) that includes-- or (ii) that otherwise present a threat to the national security, foreign policy, or economy - of the United States. + of the United States; and + (7) an assessment of whether shortcomings in the + enforcement of export controls or sanctions by the Government + of Hong Kong necessitates the assignment of additional + Department of the Treasury, Department of Commerce, or + Department of State personnel to the United States Consulate in + Hong Kong. (b) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations of the Senate; @@ -319,307 +402,265 @@ subsection are-- be submitted in unclassified form, but may include a classified annex. SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM RENDITION TO - MAINLAND CHINA. - - (a) Findings.--Congress makes the following findings: - (1) The proposed amendments to Hong Kong's Fugitive - Ordinance, if enacted-- - (A) would allow rendition from Hong Kong of - residents or foreign nationals to countries-- - (i) with criminal procedure systems that - lack strong protections for the rights of - defendants; or - (ii) in which the law is used as to repress - internationally recognized human rights, - including to mainland China; - (B) would remove independent legislative oversight - and appropriate judicial review of extradition - requests; - (C) may increase the influence of the Government of - China in Hong Kong and further erode the autonomy - guaranteed Hong Kong by the Joint Declaration; and - (D) would erode Hong Kong's reputation as a center - of commerce and freedom governed by the rule of law. - (2) The Government of China has subjected Chinese and - foreign nationals, including citizens of the United States, - Canada, Australia, Sweden, and Taiwan, to arbitrary detention, - televised confessions, denial of legal representation and - medical treatment, and other type of mistreatment. - (b) Policy Statements.--It is the policy of the United States-- - (1) to ensure that United States citizens are protected - from rendition to mainland China; - (2) pursuant to section 103(7) of the United States-Hong + THE PEOPLE'S REPUBLIC OF CHINA. + + (a) Policy Statements.--It is the policy of the United States-- + (1) to safeguard United States citizens from extradition, + rendition, or abduction to the People's Republic of China from + Hong Kong for trial, detention, or any other purpose; + (2) to safeguard United States businesses in Hong Kong from + economic coercion and intellectual property theft; + (3) pursuant to section 103(7) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage - United States businesses ``to continue to operate in Hong Kong + United States businesses ``to continue to operate in Hong Kong, in accordance with applicable United States and Hong Kong law''; and - (3) pursuant to section 201(b) of such Act (22 U.S.C. - 5721(b)), to decide whether the Government of Hong Kong is + (4) pursuant to section 201(b) of such Act (22 U.S.C. + 5721(b)), to evaluate, not less frequently than annually and as + circumstances, dictate whether the Government of Hong Kong is ``legally competent to carry out its obligations'' under treaties and international agreements established between the United States and Hong Kong. - (c) Response to Threat of Rendition.--If the proposed amendments to -Hong Kong's Fugitive Offenders Ordinance are enacted, and the amended -law allows renditions to countries that lack protection for the rights -of defendants-- - (1) not later than 30 days after the date of the enactment - of such amendments, the President shall submit a report to the - appropriate congressional committees that-- - (A) assesses whether the Government of Hong Kong is - ``legally competent'' to administer the United States- - Hong Kong Agreement for the Surrender of Fugitive - Offenders; - (B) determines whether any additional authorities - are needed to revise or withdraw from that treaty to - protect United States citizens and national security - and to support the guaranteed protections of the Joint - Declaration; and - (C) includes a strategy for protecting United - States citizens from rendition to mainland China from - Hong Kong, including an assessment of-- - (i) whether additional resources are needed - for American Citizen Services at the United - States Consulate in Hong Kong; and - (ii) whether the Department of State will - revise the travel advisory for Hong Kong to - reflect the potential impact of the revised - Fugitive Offenders Ordinance on United States - residents and individuals traveling to, or - transiting through, Hong Kong; and - (2) if the Government of Hong Kong enacts a new law - regarding national security, pursuant to Article 23 of the - Basic Law, the President and the Secretary of State shall take - the actions required under paragraph (1) and any additional - actions required under section 202 of the United States-Hong - Kong Policy Act of 1992 (U.S.C. 5722) unless Secretary of State - certifies that-- - (A) the new law does not violate the guarantees of - the Joint Declaration; and - (B) the internationally recognized human rights of - Hong Kong citizens and foreign residents will not be - restricted as a result of the new law's implementation. - -SEC. 7. IDENTIFICATION OF PERSONS RESPONSIBLE FOR ABDUCTIONS AND FOR - OTHER ACTIONS TO SUPPRESS BASIC FREEDOMS IN HONG KONG. - - (a) In General.--Not later than 180 days after the date of the -enactment of this Act, and annually thereafter in conjunction with the -publication of the report required under section 301 of the Hong Kong -Policy Act of 1992 (22 U.S.C. 5731) the President shall submit, to the -appropriate congressional committees, a list containing the name of -each person who the President determines, based on credible -information, is responsible for-- - (1) the surveillance, abduction, detention, abuse, or - forced confession of Gui Minhai, Lee Bo, Lam Wing-kee, Lui Bo, - or Cheung Chi-ping, all of whom are involved in the operation - of the Mighty Current Publishing House based in Hong Kong; - (2) the surveillance, abduction, detention, abuse, or - forced confession of Guo Zhongxiao or Wang Jianmin, both of - whom are involved in the operation of magazine publications - based in Hong Kong; or - (3) the rendition to the mainland of the People's Republic - of China of any individual, or the arbitrary detention, - torture, or forced confession of any individual after - rendition, in connection with the exercise by that individual - of internationally recognized human rights in Hong Kong, - including such individuals extradited to the mainland of the - People's Republic of China under any amended fugitive offenders - ordinance in Hong Kong. - (b) Consideration of Certain Information.--In preparing the list -required under subsection (a), the President shall consider-- - (1) information provided by the chairperson and ranking - member of each of the appropriate congressional committees; and - (2) credible information obtained by other countries or - nongovernmental organizations, including organizations inside - China or Hong Kong, that monitor the human rights abuses of the - Government of the China or its agents. - (c) Requests by Chairperson and Ranking Member of Appropriate -Congressional Committees.-- - (1) In general.--Not later than 120 days after receiving a - written request from the chairperson and ranking member of 1 of - the appropriate congressional committees with respect to - whether a person meets the criteria for being added to the list - required under subsection (a), the President shall submit a - response to the chairperson and ranking member of the committee - that made the request with respect to the status of the person. - (2) Information about removal decisions.--If the President - removes from the list required under subsection (a) a person - that was placed on the list at the request of the chairperson - and ranking member of 1 of the appropriate congressional - committees, the President shall provide the chairperson and - ranking member with any information that contributed to the - decision to remove the person. - (3) Form.--The President may submit a response required - under paragraph (1) in classified form if the President - determines that such classification is vital to the national - security interests of the United States. - -SEC. 8. INADMISSIBILITY OF CERTAIN ALIENS AND FAMILY MEMBERS. - - (a) In General.--Section 212(a)(2) of the Immigration and -Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end -the following: - ``(J) Certain aliens responsible for abductions or - extraditions from hong kong.--Any alien included in the - list submitted by the President under section 7(a) of - the Hong Kong Human Rights and Democracy Act of 2019 is - inadmissible.''. - (b) Current Visas Revoked.-- - (1) In general.--The issuing consular officer, the - Secretary of State, or the Secretary of Homeland Security (or a - designee of either Secretary) shall revoke any visa or other - entry documentation issued to any alien who is included on the - list required under section 7(a), regardless of when such visa - or entry documentation was issued. - (2) Effective date.--Revocations under paragraph (1) shall - take effect on the date such action is taken and shall - automatically cancel any other valid visa or entry - documentation that is in the alien's possession. - (c) Waiver for National Security Interests.-- - (1) In general.--The Secretary of State may waive, with - respect to an alien, the application of section 212(a)(2) of - the Immigration and Nationality Act, as amended by subsection - (a), or the application of subsection (b) if the Secretary-- - (A) determines that such waiver-- - (i) is necessary to permit the United - States to comply with the Agreement between the - United Nations and the United States of America - regarding the Headquarters of the United - Nations, signed June 26, 1947, and entered into - force November 21, 1947, or other applicable - international obligations of the United States; - or - (ii) is vital to the national security - interests of the United States; and - (B) before granting such waiver, provides to the - appropriate congressional committees notice of, and a - justification for, the waiver. - (2) Timing for certain waivers.--Notification under - subparagraph (B) of paragraph (1) shall be made not later than - 15 days before granting a waiver under such paragraph if the - Secretary grants such waiver under subparagraph (A)(ii) of such - paragraph. - (d) Regulatory Authority.--The Secretary of State shall prescribe -such regulations as may be necessary to carry out this section. - -SEC. 9. FINANCIAL MEASURES. - - (a) Blocking of Property.--The President shall exercise all powers -granted by the International Emergency Economic Powers Act (50 U.S.C. -1701 et seq.) (except that the requirements of section 202 of such Act -(50 U.S.C. 1701) shall not apply) to the extent necessary to block and -prohibit all transactions in all property and interests in property of -a person on the list required under section 7(a) if such property and -interests in property-- - (1) are in the United States; - (2) come within the United States; or - (3) are or come within the possession or control of a - United States person. - (b) Exception for Importation of Goods.-- - (1) In general.--The requirement to impose sanctions under - subsection (a) shall not include the authority to impose - sanctions with respect to the importation of goods. - (2) Good defined.--In this subsection, the term ``good'' - means any article, natural or manmade substance, material, - supply or manufactured product, including inspection and test - equipment, and excluding technical data. - (c) Waiver for National Security Interests.--The President may -waive the application of subsection (a) if the President-- - (1) determines that such waiver is vital for the national - security interests of the United States; and - (2) not later than 15 days before granting the waiver, - submits to the appropriate congressional committees notice of, - and a justification for, the waiver. - (d) Enforcement.-- - (1) Penalties.--Any person that violates, attempts to - violate, conspires to violate, or causes a violation of - subsection (a) or any regulation, license, or order issued to - carry out that subsection shall be subject to the penalties set - forth in subsections (b) and (c) of section 206 of the - International Emergency Economic Powers Act (50 U.S.C. 1705) to - the same extent as a person that commits an unlawful act - described in subsection (a) of such section. - (2) Requirements for financial institutions.--Not later - than 120 days after the date of the enactment of this Act, the - Secretary of the Treasury shall prescribe or amend regulations - to the extent necessary to require each financial institution - that is a United States person and has within its possession or - control assets that are property or interests in property of a - person on the list required under section 7(a) to certify to - the Secretary that, to the best of the knowledge of the - financial institution, the financial institution has blocked - all assets within the possession or control of the financial - institution in accordance with subsection (a). - (3) Notification to congress.--Not later than 10 days - before prescribing or revising regulations under paragraph (2), - the President shall notify the appropriate congressional - committees of the proposed regulations and the provisions of - this Act or amendments made by this Act that the regulations - are implementing. - (e) Rulemaking.--The Secretary of the Treasury shall issue such -regulations, licenses, and orders as may be necessary to carry out this + (b) Response to Threat of Rendition.--Not later than 30 days after +the President determines that legislation proposed or enacted by the +Government of Hong Kong would put United States citizens at risk of +extradition or rendition to the People's Republic of China or to other +countries that lack protections for the rights of defendants, the +President shall submit a report to the appropriate congressional +committees that-- + (1) contains a strategy for protecting United States + citizens and businesses in Hong Kong; + (2) assesses the potential risks of the legislation to + United States citizens residing in, traveling to, or transiting + through Hong Kong; and + (3) determines whether-- + (A) additional resources are needed for American + Citizen Services at the United States Consulate in Hong + Kong; and + (B) the Government of Hong Kong is ``legally + competent'' to administer the United States-Hong Kong + Agreement for the Surrender of Fugitive Offenders, done + at Hong Kong December 20, 1996, or other relevant law + enforcement agreements between the United States and + Hong Kong. + +SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL FREEDOMS AND + AUTONOMY IN HONG KONG. + + (a) Identification of Persons Responsible for Undermining +Fundamental Freedoms and Autonomy in Hong Kong.-- + (1) In general.--The President shall submit a report to the + appropriate congressional committees, in accordance with + paragraph (2), that identifies each foreign person that the + President determines is responsible for-- + (A) the extrajudicial rendition, arbitrary + detention, or torture of any person in Hong Kong; or + (B) other gross violations of internationally + recognized human rights in Hong Kong. + (2) Timing of reports.--The President shall submit to the + appropriate congressional committees-- + (A) the report required under paragraph (1)-- + (i) not later than 180 days after the date + of the enactment of this Act; and + (ii) not less frequently than annually + thereafter in conjunction with the publication + of the report required under section 301 of the + United States-Hong Kong Policy Act of 1992 (22 + U.S.C. 5731); and + (B) an update to the report not later than 15 days + after any new action is taken under subsection (b) + based on the discovery of new information described in + paragraph (1). + (3) Consideration of certain information.--In preparing the + report required under paragraph (1), the President shall + consider-- + (A) information provided jointly by the chairperson + and ranking member of each of the appropriate + congressional committees; and + (B) information obtained by other countries or + reputable nongovernmental organizations that monitor + violations of human rights abuses. + (4) Form.--The report required under paragraph (1) shall be + submitted in unclassified form, but may include a classified + annex. + (b) Imposition of Sanctions.--The President shall impose the +sanctions described in subsection (c) with respect to each foreign +person identified in the report required under subsection (a)(1). + (c) Sanctions Described.--The sanctions described in this +subsection are the following: + (1) Asset blocking.--The President shall exercise all of + the powers granted to the President under the International + Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the + extent necessary to block and prohibit all transactions in + property and interests in property of a foreign person + identified in the report required under subsection (a)(1) if + such property and interests in property are in the United + States, come within the United States, or come within the + possession or control of a United States person. + (2) Ineligibility for visas, admission, or parole.-- + (A) Visas, admission, or parole.--An alien + described in subsection (a)(1) is-- + (i) inadmissible to the United States; + (ii) ineligible to receive a visa or other + documentation to enter the United States; and + (iii) otherwise ineligible to be admitted + or paroled into the United States or to receive + any other benefit under the Immigration and + Nationality Act (8 U.S.C. 1101 et seq.). + (B) Current visas revoked.-- + (i) In general.--An alien described in + subsection (a)(1) is subject to revocation of + any visa or other entry documentation + regardless of when the visa or other entry + documentation is or was issued. + (ii) Immediate effect.--A revocation under + clause (i) shall-- + (I) take effect immediately; and + (II) automatically cancel any other + valid visa or entry documentation that + is in the alien's possession. + (3) Penalties.--The penalties provided for in subsections + (b) and (c) of section 206 of the International Emergency + Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign + person that violates, attempts to violate, conspires to + violate, or causes a violation of paragraph (1) to the same + extent that such penalties apply to a person that commits an + unlawful act described in subsection (a) of such section 206. + (d) 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. - -SEC. 10. REPORTS TO CONGRESS. - - (a) In General.--The President shall submit a report to the -appropriate congressional committees that includes-- + (e) Waiver.--The President may waive the application of sanctions +under this section with respect to a person identified in the report +required under subsection (a)(1) if the President determines and +certifies to the appropriate congressional committees that such a +waiver is in the national interest of the United States. + (f) Exceptions.-- + (1) Exception for intelligence activities.--Sanctions under + this section shall not apply to any activity subject to the + reporting requirements under title V of the National Security + Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized + intelligence activities of the United States. + (2) Exception to comply with international obligations and + for law enforcement activities.--Sanctions under subsection + (c)(2) shall not apply with respect to an alien if admitting or + paroling the alien into the United States is necessary-- + (A) to permit the United States to comply with the + Agreement regarding the Headquarters of the United + Nations, signed at Lake Success June 26, 1947, and + entered into force November 21, 1947, between the + United Nations and the United States, or other + applicable international obligations; or + (B) to carry out or assist law enforcement activity + in the United States. + (3) Exception relating to importation of goods.-- + (A) In general.--The authorities and requirements + to impose sanctions authorized under this section shall + not include the authority or a requirement to impose + sanctions on the importation of goods. + (B) Good defined.--In this paragraph, the term + ``good'' means any article, natural or manmade + substance, material, supply, or manufactured product, + including inspection and test equipment, and excluding + technical data. + (g) Termination of Sanctions.--The President may terminate the +application of sanctions under this section with respect to a person if +the President determines and reports to the appropriate congressional +committees not less than 15 days before the termination takes effect +that-- + (1) information exists that the person did not engage in + the activity for which sanctions were imposed; + (2) the person has been prosecuted appropriately for the + activity for which sanctions were imposed; + (3) the person has credibly demonstrated a significant + change in behavior, has paid an appropriate consequence for the + activity for which sanctions were imposed, and has credibly + committed to not engage in an activity described in subsection + (a)(1) in the future; or + (4) the termination of the sanctions is in the national + security interests of the United States. + (h) Sunset.--This section, and any sanctions imposed under this +section, shall terminate on the date that is 5 years after the date of +the enactment of this Act. + (i) Definitions.--In this section: + (1) Admission; admitted; alien.--The terms ``admission'', + ``admitted'', and ``alien'' have the meanings given those terms + in section 101 of the Immigration and Nationality Act (8 U.S.C. + 1101). + (2) Foreign person.--The term ``foreign person'' means a + person that is not a United States person. + +SEC. 8. SANCTIONS REPORTS. + + (a) In General.--In accordance with section 7, the President shall +submit, to the appropriate congressional committees, a report that +includes-- (1) a list of each foreign person with respect to which the - President imposed sanctions pursuant to section 8 or 9 during - the 1-year period preceding the submission of the report; + President imposed sanctions during the year preceding the + submission of the report; (2) a description of the type of sanctions imposed with respect to each such person; (3) the number of foreign persons with respect to which the - President-- - (A) imposed sanctions under section 8 or 9 during - that year; and - (B) terminated sanctions under section 8 or 9 - during that year; + President terminated sanctions under section 7 during that + year; (4) the dates on which such sanctions were imposed or - terminated; and - (5) the reasons for imposing or terminating such sanctions. - (b) Dates for Submission.-- - (1) Initial report.--The President shall submit the initial - report under subsection (a) not later than 1 year after the - date of the enactment of this Act. - (2) Subsequent reports.-- - (A) In general.--The President shall submit a - report under subsection (a) on December 10, or the - first day thereafter on which both Houses of Congress - are in session, of-- - (i) the calendar year in which the initial - report is submitted if the initial report is - submitted before December 10 of that calendar - year; and - (ii) each calendar year thereafter. - (c) Form of Report.-- - (1) In general.--Each report required under subsection (a) - shall be submitted in unclassified form, but may include a - classified annex. - (2) Exception.--The name of a foreign person to be included - in the list required under subsection (a)(1) may not be - included in the classified annex authorized under paragraph (1) - unless the President-- - (A) determines that such inclusion is vital to the - national security interests of the United States; - (B) uses the annex in a manner consistent with - congressional intent and the purposes of this Act; and - (C) not later than 15 days before including such - name in the classified annex, provides to the - appropriate congressional committees notice of, and a - justification for, including the name in the classified - annex despite any publicly available credible - information indicating that the person engaged in an - activity described in section 8 or 9. - (d) Public Availability.-- - (1) In general.--The unclassified portion of the report - required under subsection (a) shall be made available to the - public, including through publication in the Federal Register. - (2) Nonapplicability of confidentiality requirement with - respect to visa records.--The President shall publish the list - required under subsection (a)(1) without regard to the - requirements under section 222(f) of the Immigration and - Nationality Act (8 U.S.C. 1202(f)) with respect to - confidentiality of records pertaining to the issuance or - refusal of visas or permits to enter the United States. - \ No newline at end of file + terminated, as applicable; + (5) the reasons for imposing or terminating such sanctions; + and + (6) a description of the efforts of the President to + encourage the governments of other countries to impose + sanctions that are similar to the sanctions authorized under + section 7. + (b) Nonapplicability of Confidentiality Requirement With Respect to +Visa Records.--The President shall publish the report required under +subsection (a) without regard to the requirements of section 222(f) of +the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to +confidentiality of records pertaining to the issuance or refusal of +visas or permits to enter the United States. + +SEC. 9. SENSE OF CONGRESS ON PEOPLE'S REPUBLIC OF CHINA STATE- + CONTROLLED MEDIA. + + It is the sense of Congress that-- + (1) the United States condemns the deliberate targeting and + harassment of democracy activists, diplomatic personnel of the + United States and other nations, and their families by media + organizations controlled by the Government of the People's + Republic of China, including Wen Wei Po and Ta Kung Po; + (2) the Secretary of State should clearly inform the + Government of the People's Republic of China that the use of + media outlets to spread disinformation or to intimidate and + threaten its perceived enemies in Hong Kong or in other + countries is unacceptable; and + (3) the Secretary of State should take any activities + described in paragraph (1) or (2) into consideration when + granting visas for travel and work in the United States to + journalists from the People's Republic of China who are + affiliated with any such media organizations. + +SEC. 10. SENSE OF CONGRESS ON COMMERCIAL EXPORTS OF CROWD CONTROL + EQUIPMENT TO HONG KONG. + + It is sense of Congress that the Department of Commerce, in +conjunction with other relevant Federal departments and agencies, +should consider appropriate adjustments to the current United States +export controls with respect to Hong Kong to prevent the supply of +crowd control and surveillance equipment that could be used +inappropriately in Hong Kong. + + Passed the Senate November 19, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 1838 + +_______________________________________________________________________ + + AN ACT + + To amend the Hong Kong Policy Act of 1992, and for other purposes. From 019a383ebb9713f0631e9e1004e43ebe92d8a7ad Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 847/984] Senate-1838: Enrolled --- bills_text/Senate-1838.txt | 1017 +++++++++++++++++------------------- 1 file changed, 470 insertions(+), 547 deletions(-) diff --git a/bills_text/Senate-1838.txt b/bills_text/Senate-1838.txt index a60d603..38c617e 100644 --- a/bills_text/Senate-1838.txt +++ b/bills_text/Senate-1838.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 1st Session - S. 1838 + S.1838 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act @@ -12,9 +21,7 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``Hong Kong Human Rights and Democracy Act of 2019''. (b) Table of Contents.--The table of contents for this Act is as @@ -24,265 +31,227 @@ Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Statement of policy. Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992. -Sec. 5. Annual report on violations of United States export control - laws and United Nations sanctions occurring - in Hong Kong. +Sec. 5. Annual report on violations of United States export control laws + and United Nations sanctions occurring in Hong Kong. Sec. 6. Protecting United States citizens and others from rendition to - the People's Republic of China. + the People's Republic of China. Sec. 7. Sanctions relating to undermining fundamental freedoms and - autonomy in Hong Kong. + autonomy in Hong Kong. Sec. 8. Sanctions reports. -Sec. 9. Sense of Congress on People's Republic of China state- - controlled media. +Sec. 9. Sense of Congress on People's Republic of China state-controlled + media. Sec. 10. Sense of Congress on commercial exports of crowd control - equipment to Hong Kong. - + equipment to Hong Kong. SEC. 2. DEFINITIONS. - In this Act: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Relations of the - Senate; - (B) the Committee on Armed Services of the Senate; - (C) the Committee on Banking, Housing, and Urban - Affairs of the Senate; - (D) the Committee on Homeland Security and - Governmental Affairs of the Senate; - (E) the Committee on the Judiciary of the Senate; - (F) the Committee on Foreign Affairs of the House - of Representatives; - (G) the Committee on Armed Services of the House of - Representatives; - (H) the Committee on Financial Services of the - House of Representatives; - (I) the Committee on Homeland Security of the House - of Representatives; and - (J) the Committee on the Judiciary of the House of - Representatives. - (2) Social credit system.--The term ``social credit - system'' means a system proposed by the Government of the - People's Republic of China and scheduled for implementation by - 2020, which would-- - (A) use existing financial credit systems, public - records, online activity, and other tools of - surveillance to aggregate data on every Chinese citizen - and business; and - (B) use such data to monitor, shape, and rate - certain financial, social, religious, or political - behaviors. - (3) United states person.--The term ``United States - person'' means-- - (A) a United States citizen; - (B) a lawfully admitted permanent resident of the - United States; or - (C) an entity organized under the laws of-- - (i) the United States; or - (ii) any jurisdiction within the United - States, including a foreign branch of such an - entity. - + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Foreign Relations of the Senate; + (B) the Committee on Armed Services of the Senate; + (C) the Committee on Banking, Housing, and Urban Affairs of + the Senate; + (D) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (E) the Committee on the Judiciary of the Senate; + (F) the Committee on Foreign Affairs of the House of + Representatives; + (G) the Committee on Armed Services of the House of + Representatives; + (H) the Committee on Financial Services of the House of + Representatives; + (I) the Committee on Homeland Security of the House of + Representatives; and + (J) the Committee on the Judiciary of the House of + Representatives. + (2) Social credit system.--The term ``social credit system'' + means a system proposed by the Government of the People's Republic + of China and scheduled for implementation by 2020, which would-- + (A) use existing financial credit systems, public records, + online activity, and other tools of surveillance to aggregate + data on every Chinese citizen and business; and + (B) use such data to monitor, shape, and rate certain + financial, social, religious, or political behaviors. + (3) United states person.--The term ``United States person'' + means-- + (A) a United States citizen; + (B) a lawfully admitted permanent resident of the United + States; or + (C) an entity organized under the laws of-- + (i) the United States; or + (ii) any jurisdiction within the United States, + including a foreign branch of such an entity. SEC. 3. STATEMENT OF POLICY. - It is the policy of the United States-- - (1) to reaffirm the principles and objectives set forth in - the United States-Hong Kong Policy Act of 1992 (Public Law 102- - 383), namely that-- - (A) the United States has ``a strong interest in - the continued vitality, prosperity, and stability of - Hong Kong''; - (B) ``[s]upport for democratization is a - fundamental principle of United States foreign policy'' - and therefore ``naturally applies to United States - policy toward Hong Kong''; - (C) ``the human rights of the people of Hong Kong - are of great importance to the United States and are - directly relevant to United States interests in Hong - Kong [and] serve as a basis for Hong Kong's continued - economic prosperity''; and - (D) Hong Kong must remain sufficiently autonomous - from the People's Republic of China to ``justify - treatment under a particular law of the United States, - or any provision thereof, different from that accorded - the People's Republic of China''; - (2) to support the high degree of autonomy and fundamental - rights and freedoms of the people of Hong Kong, as enumerated - by-- - (A) the Joint Declaration of the Government of the - United Kingdom of Great Britain and Northern Ireland - and the Government of the People's Republic of China on - the Question of Hong Kong, done at Beijing December 19, - 1984 (referred to in this Act as the ``Joint - Declaration''); - (B) the International Covenant on Civil and - Political Rights, done at New York December 19, 1966; - and - (C) the Universal Declaration of Human Rights, done - at Paris December 10, 1948; - (3) to support the democratic aspirations of the people of - Hong Kong, including the ``ultimate aim'' of the selection of - the Chief Executive and all members of the Legislative Council - by universal suffrage, as articulated in the Basic Law of the - Hong Kong Special Administrative Region of the People's - Republic of China (referred to in this Act as the ``Basic - Law''); - (4) to urge the Government of the People's Republic of - China to uphold its commitments to Hong Kong, including - allowing the people of Hong Kong to govern Hong Kong with a - high degree of autonomy and without undue interference, and - ensuring that Hong Kong voters freely enjoy the right to elect - the Chief Executive and all members of the Hong Kong - Legislative Council by universal suffrage; - (5) to support the establishment of a genuine democratic - option to freely and fairly nominate and elect the Chief - Executive of Hong Kong, and the establishment by 2020 of open - and direct democratic elections for all members of the Hong - Kong Legislative Council; - (6) to support the robust exercise by residents of Hong - Kong of the rights to free speech, the press, and other - fundamental freedoms, as provided by the Basic Law, the Joint - Declaration, and the International Covenant on Civil and - Political Rights; - (7) to support freedom from arbitrary or unlawful arrest, - detention, or imprisonment for all Hong Kong residents, as - provided by the Basic Law, the Joint Declaration, and the - International Covenant on Civil and Political Rights; - (8) to draw international attention to any violations by - the Government of the People's Republic of China of the - fundamental rights of the people of Hong Kong, as provided by - the International Covenant on Civil and Political Rights, and - any encroachment upon the autonomy guaranteed to Hong Kong by - the Basic Law and the Joint Declaration; - (9) to protect United States citizens and long-term - permanent residents living in Hong Kong, as well as people - visiting and transiting through Hong Kong; - (10) to maintain the economic and cultural ties that - provide significant benefits to both the United States and Hong - Kong; and - (11) to coordinate with allies, including the United - Kingdom, Australia, Canada, Japan, and the Republic of Korea, - to promote democracy and human rights in Hong Kong. - + (1) to reaffirm the principles and objectives set forth in the + United States-Hong Kong Policy Act of 1992 (Public Law 102-383), + namely that-- + (A) the United States has ``a strong interest in the + continued vitality, prosperity, and stability of Hong Kong''; + (B) ``[s]upport for democratization is a fundamental + principle of United States foreign policy'' and therefore + ``naturally applies to United States policy toward Hong Kong''; + (C) ``the human rights of the people of Hong Kong are of + great importance to the United States and are directly relevant + to United States interests in Hong Kong [and] serve as a basis + for Hong Kong's continued economic prosperity''; and + (D) Hong Kong must remain sufficiently autonomous from the + People's Republic of China to ``justify treatment under a + particular law of the United States, or any provision thereof, + different from that accorded the People's Republic of China''; + (2) to support the high degree of autonomy and fundamental + rights and freedoms of the people of Hong Kong, as enumerated by-- + (A) the Joint Declaration of the Government of the United + Kingdom of Great Britain and Northern Ireland and the + Government of the People's Republic of China on the Question of + Hong Kong, done at Beijing December 19, 1984 (referred to in + this Act as the ``Joint Declaration''); + (B) the International Covenant on Civil and Political + Rights, done at New York December 19, 1966; and + (C) the Universal Declaration of Human Rights, done at + Paris December 10, 1948; + (3) to support the democratic aspirations of the people of Hong + Kong, including the ``ultimate aim'' of the selection of the Chief + Executive and all members of the Legislative Council by universal + suffrage, as articulated in the Basic Law of the Hong Kong Special + Administrative Region of the People's Republic of China (referred + to in this Act as the ``Basic Law''); + (4) to urge the Government of the People's Republic of China to + uphold its commitments to Hong Kong, including allowing the people + of Hong Kong to govern Hong Kong with a high degree of autonomy and + without undue interference, and ensuring that Hong Kong voters + freely enjoy the right to elect the Chief Executive and all members + of the Hong Kong Legislative Council by universal suffrage; + (5) to support the establishment of a genuine democratic option + to freely and fairly nominate and elect the Chief Executive of Hong + Kong, and the establishment by 2020 of open and direct democratic + elections for all members of the Hong Kong Legislative Council; + (6) to support the robust exercise by residents of Hong Kong of + the rights to free speech, the press, and other fundamental + freedoms, as provided by the Basic Law, the Joint Declaration, and + the International Covenant on Civil and Political Rights; + (7) to support freedom from arbitrary or unlawful arrest, + detention, or imprisonment for all Hong Kong residents, as provided + by the Basic Law, the Joint Declaration, and the International + Covenant on Civil and Political Rights; + (8) to draw international attention to any violations by the + Government of the People's Republic of China of the fundamental + rights of the people of Hong Kong, as provided by the International + Covenant on Civil and Political Rights, and any encroachment upon + the autonomy guaranteed to Hong Kong by the Basic Law and the Joint + Declaration; + (9) to protect United States citizens and long-term permanent + residents living in Hong Kong, as well as people visiting and + transiting through Hong Kong; + (10) to maintain the economic and cultural ties that provide + significant benefits to both the United States and Hong Kong; and + (11) to coordinate with allies, including the United Kingdom, + Australia, Canada, Japan, and the Republic of Korea, to promote + democracy and human rights in Hong Kong. SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT OF 1992. - (a) Report.--Title II of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is amended-- - (1) in section 201(b), by striking ``such date'' each place - such term appears and inserting ``the date of the enactment of - the Hong Kong Human Rights and Democracy Act of 2019''; and - (2) adding at the end the following: - -``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY OF HONG - KONG. - + (1) in section 201(b), by striking ``such date'' each place + such term appears and inserting ``the date of the enactment of the + Hong Kong Human Rights and Democracy Act of 2019''; and + (2) adding at the end the following: + ``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY OF + HONG KONG. ``(a) Certification.-- - ``(1) In general.--Except as provided in subsection (b), - the Secretary of State, on at least an annual basis, and in - conjunction with the report required under section 301, shall - issue a certification to Congress that-- - ``(A) indicates whether Hong Kong continues to - warrant treatment under United States law in the same - manner as United States laws were applied to Hong Kong - before July 1, 1997; - ``(B) addresses-- - ``(i) commercial agreements; - ``(ii) law enforcement cooperation, - including extradition requests; - ``(iii) sanctions enforcement; - ``(iv) export controls, and any other - agreements and forms of exchange involving dual - use, critical, or other sensitive technologies; - ``(v) any formal treaties or agreements - between the United States and Hong Kong; - ``(vi) other areas of bilateral cooperation - that the Secretary determines to be relevant; - and - ``(vii) decision-making within the - Government of Hong Kong, including executive, - legislative, and judicial structures, - including-- - ``(I) freedom of assembly; - ``(II) freedom of speech; - ``(III) freedom of expression; and - ``(IV) freedom of the press, - including the Internet and social - media; - ``(viii) universal suffrage, including the - ultimate aim of the selection of the Chief - Executive and all members of the Legislative - Council by universal suffrage; - ``(ix) judicial independence; - ``(x) police and security functions; - ``(xi) education; - ``(xii) laws or regulations regarding - treason, secession, sedition, subversion - against the Central People's Government of the - People's Republic of China, or theft of state - secrets; - ``(xiii) laws or regulations regarding - foreign political organizations or bodies; - ``(xiv) laws or regulations regarding - political organizations; and - ``(xv) other rights enumerated in the - Universal Declaration of Human Rights, done at - Paris December 10, 1948, and the International - Covenant on Civil and Political Rights, done at - New York December 19, 1966; and - ``(C) includes-- - ``(i) an assessment of the degree of any - erosions to Hong Kong's autonomy in each - category listed in subparagraph (B) resulting - from actions by the Government of the People's - Republic of China that are inconsistent with - its commitments under the Basic Law or the - Joint Declaration; - ``(ii) an evaluation of the specific - impacts to any areas of cooperation between the - United States and Hong Kong resulting from - erosions of autonomy in Hong Kong or failures - of the Government of Hong Kong to fulfill - obligations to the United States under - international agreements within the categories - listed in subparagraph (B); and - ``(iii) a list of any specific actions - taken by the United States Government in - response to any erosion of autonomy or failures - to fulfill obligations to the United States - under international agreements identified in - this certification and the report required - under section 301. - ``(2) Factor for consideration.--In making each - certification under paragraph (1), the Secretary of State - should consider the terms, obligations, and expectations - expressed in the Joint Declaration with respect to Hong Kong. - ``(3) Additional certifications.--The certification under - section (1) shall be issued annually, but the Secretary may - issue additional certifications at any time if the Secretary - determines it is warranted by circumstances in Hong Kong. + ``(1) In general.--Except as provided in subsection (b), the + Secretary of State, on at least an annual basis, and in conjunction + with the report required under section 301, shall issue a + certification to Congress that-- + ``(A) indicates whether Hong Kong continues to warrant + treatment under United States law in the same manner as United + States laws were applied to Hong Kong before July 1, 1997; + ``(B) addresses-- + ``(i) commercial agreements; + ``(ii) law enforcement cooperation, including + extradition requests; + ``(iii) sanctions enforcement; + ``(iv) export controls, and any other agreements and + forms of exchange involving dual use, critical, or other + sensitive technologies; + ``(v) any formal treaties or agreements between the + United States and Hong Kong; + ``(vi) other areas of bilateral cooperation that the + Secretary determines to be relevant; and + ``(vii) decision-making within the Government of Hong + Kong, including executive, legislative, and judicial + structures, including-- + + ``(I) freedom of assembly; + ``(II) freedom of speech; + ``(III) freedom of expression; and + ``(IV) freedom of the press, including the Internet + and social media; + + ``(viii) universal suffrage, including the ultimate aim + of the selection of the Chief Executive and all members of + the Legislative Council by universal suffrage; + ``(ix) judicial independence; + ``(x) police and security functions; + ``(xi) education; + ``(xii) laws or regulations regarding treason, + secession, sedition, subversion against the Central + People's Government of the People's Republic of China, or + theft of state secrets; + ``(xiii) laws or regulations regarding foreign + political organizations or bodies; + ``(xiv) laws or regulations regarding political + organizations; and + ``(xv) other rights enumerated in the Universal + Declaration of Human Rights, done at Paris December 10, + 1948, and the International Covenant on Civil and Political + Rights, done at New York December 19, 1966; and + ``(C) includes-- + ``(i) an assessment of the degree of any erosions to + Hong Kong's autonomy in each category listed in + subparagraph (B) resulting from actions by the Government + of the People's Republic of China that are inconsistent + with its commitments under the Basic Law or the Joint + Declaration; + ``(ii) an evaluation of the specific impacts to any + areas of cooperation between the United States and Hong + Kong resulting from erosions of autonomy in Hong Kong or + failures of the Government of Hong Kong to fulfill + obligations to the United States under international + agreements within the categories listed in subparagraph + (B); and + ``(iii) a list of any specific actions taken by the + United States Government in response to any erosion of + autonomy or failures to fulfill obligations to the United + States under international agreements identified in this + certification and the report required under section 301. + ``(2) Factor for consideration.--In making each certification + under paragraph (1), the Secretary of State should consider the + terms, obligations, and expectations expressed in the Joint + Declaration with respect to Hong Kong. + ``(3) Additional certifications.--The certification under + section (1) shall be issued annually, but the Secretary may issue + additional certifications at any time if the Secretary determines + it is warranted by circumstances in Hong Kong. ``(b) Waiver Authority.-- - ``(1) In general.--The Secretary of State may waive the - application of subsection (a) if-- - ``(A) the Secretary determines that such a waiver - is in the national security interests of the United - States; and - ``(B) on or before the date on which the waiver - takes effect, the Secretary notifies the Committee on - Foreign Relations of the Senate and the Committee on - Foreign Affairs of the House of Representatives of the - intent to waive such subsection; - ``(2) Partial waiver.--Except for the list of actions - described in subsection (a)(1)(C)(iii), the Secretary of State - may waive relevant parts of the application of subsection (a) - if the President issues an Executive order under section 202 - that suspends the application of any particular United States - law to Hong Kong.''. + ``(1) In general.--The Secretary of State may waive the + application of subsection (a) if-- + ``(A) the Secretary determines that such a waiver is in the + national security interests of the United States; and + ``(B) on or before the date on which the waiver takes + effect, the Secretary notifies the Committee on Foreign + Relations of the Senate and the Committee on Foreign Affairs of + the House of Representatives of the intent to waive such + subsection; + ``(2) Partial waiver.--Except for the list of actions described + in subsection (a)(1)(C)(iii), the Secretary of State may waive + relevant parts of the application of subsection (a) if the + President issues an Executive order under section 202 that suspends + the application of any particular United States law to Hong + Kong.''. (b) Visa Applicants.--Title II of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended by subsection (a), is further amended by adding at the end the following: - -``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR - WORK IN THE UNITED STATES. - + ``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR + WORK IN THE UNITED STATES. ``(a) Visa Eligibility for Certain Hong Kong Students.-- Notwithstanding any other provision of law, applications for visas to enter, study, or work in the United States, which are submitted by @@ -296,131 +265,119 @@ policy described in subsection (a) and receive appropriate training and support to ensure that the policy is carried out so that affected individuals do not face discrimination or unnecessary delay in the processing of their visa applications, including-- - ``(1) providing specialized training for all consular - officers posted to the United States Embassy in Beijing or to - any United States consulate in the People's Republic of China, - the Hong Kong Special Administrative Region, or the Macau - Special Administrative Region; - ``(2) instructing the United States Consulate in Hong Kong - to maintain an active list of individuals who are known to have - been formally charged, detained, or convicted by the Government - of Hong Kong Special Administrative Region or by the Government - of the People's Republic of China, or intermediaries of such - governments, based on politically-motivated considerations - related to their exercise of rights enumerated in the Universal - Declaration of Human Rights, done at Paris December 10, 1948, - or the International Covenant on Civil and Political Rights, - done at New York December 19, 1966, to facilitate the cross- - checking of visa applications for Hong Kong residents; and - ``(3) updating any relevant United States Government - websites with information on the policy described in subsection - (a). + ``(1) providing specialized training for all consular officers + posted to the United States Embassy in Beijing or to any United + States consulate in the People's Republic of China, the Hong Kong + Special Administrative Region, or the Macau Special Administrative + Region; + ``(2) instructing the United States Consulate in Hong Kong to + maintain an active list of individuals who are known to have been + formally charged, detained, or convicted by the Government of Hong + Kong Special Administrative Region or by the Government of the + People's Republic of China, or intermediaries of such governments, + based on politically-motivated considerations related to their + exercise of rights enumerated in the Universal Declaration of Human + Rights, done at Paris December 10, 1948, or the International + Covenant on Civil and Political Rights, done at New York December + 19, 1966, to facilitate the cross-checking of visa applications for + Hong Kong residents; and + ``(3) updating any relevant United States Government websites + with information on the policy described in subsection (a). ``(c) Cooperation With Like-minded Countries.--The Secretary of State shall contact appropriate representatives of other democratic countries, particularly those who receive a large number of applicants for student and employment visas from Hong Kong-- - ``(1) to inform them of the United States policy regarding - arrests for participation in nonviolent protests in Hong Kong; - and - ``(2) to encourage them to take similar steps to ensure the - rights of nonviolent protesters are protected from - discrimination due to the actions of the Government of Hong - Kong and of the Government of the People's Republic of - China.''. - + ``(1) to inform them of the United States policy regarding + arrests for participation in nonviolent protests in Hong Kong; and + ``(2) to encourage them to take similar steps to ensure the + rights of nonviolent protesters are protected from discrimination + due to the actions of the Government of Hong Kong and of the + Government of the People's Republic of China.''. SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED STATES EXPORT CONTROL - LAWS AND UNITED NATIONS SANCTIONS OCCURRING IN HONG KONG. - +LAWS AND UNITED NATIONS SANCTIONS OCCURRING IN HONG KONG. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter until the date that is 7 years after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit a report to the committees specified in subsection (b) that includes-- - (1) an assessment of the nature and extent of violations of - United States export control and sanctions laws occurring in - Hong Kong; - (2) to the extent possible, the identification of-- - (A) any items that were reexported from Hong Kong - in violation of the laws referred to in paragraph (1); - (B) the countries and persons to which the items - referred to in subparagraph (A) were reexported; and - (C) how such items were used; - (3) an assessment of whether sensitive dual-use items - subject to the export control laws of the United States are - being-- - (A) transshipped through Hong Kong; and - (B) used to develop-- - (i) the Sharp Eyes, Skynet, Integrated - Joint Operations Platform, or other systems of - mass surveillance and predictive policing; or - (ii) the ``social credit system'' of the - People's Republic of China; - (4) an assessment of the efforts by the Government of the - People's Republic of China to use the status of Hong Kong as a - separate customs territory to import items into the People's - Republic of China from Hong Kong in violation of the export - control laws of the United States, whether as part of the - Greater Bay Area plan, through the assignment by Beijing of - Hong Kong as a national technology and innovation center, or - through other programs that may exploit Hong Kong as a conduit - for controlled sensitive technology; - (5) an assessment of whether the Government of Hong Kong - has adequately enforced sanctions imposed by the United - Nations; - (6) a description of the types of goods and services - transshipped or reexported through Hong Kong in violation of - such sanctions to-- - (A) North Korea or Iran; or - (B) other countries, regimes, or persons subject to - such sanctions for engaging in activities-- - (i) relating to international terrorism, - international narcotics trafficking, or the - proliferation of weapons of mass destruction; - or - (ii) that otherwise present a threat to the - national security, foreign policy, or economy - of the United States; and - (7) an assessment of whether shortcomings in the - enforcement of export controls or sanctions by the Government - of Hong Kong necessitates the assignment of additional - Department of the Treasury, Department of Commerce, or - Department of State personnel to the United States Consulate in - Hong Kong. + (1) an assessment of the nature and extent of violations of + United States export control and sanctions laws occurring in Hong + Kong; + (2) to the extent possible, the identification of-- + (A) any items that were reexported from Hong Kong in + violation of the laws referred to in paragraph (1); + (B) the countries and persons to which the items referred + to in subparagraph (A) were reexported; and + (C) how such items were used; + (3) an assessment of whether sensitive dual-use items subject + to the export control laws of the United States are being-- + (A) transshipped through Hong Kong; and + (B) used to develop-- + (i) the Sharp Eyes, Skynet, Integrated Joint Operations + Platform, or other systems of mass surveillance and + predictive policing; or + (ii) the ``social credit system'' of the People's + Republic of China; + (4) an assessment of the efforts by the Government of the + People's Republic of China to use the status of Hong Kong as a + separate customs territory to import items into the People's + Republic of China from Hong Kong in violation of the export control + laws of the United States, whether as part of the Greater Bay Area + plan, through the assignment by Beijing of Hong Kong as a national + technology and innovation center, or through other programs that + may exploit Hong Kong as a conduit for controlled sensitive + technology; + (5) an assessment of whether the Government of Hong Kong has + adequately enforced sanctions imposed by the United Nations; + (6) a description of the types of goods and services + transshipped or reexported through Hong Kong in violation of such + sanctions to-- + (A) North Korea or Iran; or + (B) other countries, regimes, or persons subject to such + sanctions for engaging in activities-- + (i) relating to international terrorism, international + narcotics trafficking, or the proliferation of weapons of + mass destruction; or + (ii) that otherwise present a threat to the national + security, foreign policy, or economy of the United States; + and + (7) an assessment of whether shortcomings in the enforcement of + export controls or sanctions by the Government of Hong Kong + necessitates the assignment of additional Department of the + Treasury, Department of Commerce, or Department of State personnel + to the United States Consulate in Hong Kong. (b) Committees Specified.--The committees specified in this subsection are-- - (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 Commerce, Science, and Transportation - of the Senate; - (4) the Committee on Foreign Affairs of the House of - Representatives; and - (5) the Committee on Energy and Commerce of the House of - Representatives. + (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 Commerce, Science, and Transportation of + the Senate; + (4) the Committee on Foreign Affairs of the House of + Representatives; and + (5) the Committee on Energy and Commerce of the House of + Representatives. (c) Form of Report.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. - SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM RENDITION TO - THE PEOPLE'S REPUBLIC OF CHINA. - +THE PEOPLE'S REPUBLIC OF CHINA. (a) Policy Statements.--It is the policy of the United States-- - (1) to safeguard United States citizens from extradition, - rendition, or abduction to the People's Republic of China from - Hong Kong for trial, detention, or any other purpose; - (2) to safeguard United States businesses in Hong Kong from - economic coercion and intellectual property theft; - (3) pursuant to section 103(7) of the United States-Hong - Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage - United States businesses ``to continue to operate in Hong Kong, - in accordance with applicable United States and Hong Kong - law''; and - (4) pursuant to section 201(b) of such Act (22 U.S.C. - 5721(b)), to evaluate, not less frequently than annually and as - circumstances, dictate whether the Government of Hong Kong is - ``legally competent to carry out its obligations'' under - treaties and international agreements established between the - United States and Hong Kong. + (1) to safeguard United States citizens from extradition, + rendition, or abduction to the People's Republic of China from Hong + Kong for trial, detention, or any other purpose; + (2) to safeguard United States businesses in Hong Kong from + economic coercion and intellectual property theft; + (3) pursuant to section 103(7) of the United States-Hong Kong + Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage United States + businesses ``to continue to operate in Hong Kong, in accordance + with applicable United States and Hong Kong law''; and + (4) pursuant to section 201(b) of such Act (22 U.S.C. 5721(b)), + to evaluate, not less frequently than annually and as + circumstances, dictate whether the Government of Hong Kong is + ``legally competent to carry out its obligations'' under treaties + and international agreements established between the United States + and Hong Kong. (b) Response to Threat of Rendition.--Not later than 30 days after the President determines that legislation proposed or enacted by the Government of Hong Kong would put United States citizens at risk of @@ -428,104 +385,95 @@ extradition or rendition to the People's Republic of China or to other countries that lack protections for the rights of defendants, the President shall submit a report to the appropriate congressional committees that-- - (1) contains a strategy for protecting United States - citizens and businesses in Hong Kong; - (2) assesses the potential risks of the legislation to - United States citizens residing in, traveling to, or transiting - through Hong Kong; and - (3) determines whether-- - (A) additional resources are needed for American - Citizen Services at the United States Consulate in Hong - Kong; and - (B) the Government of Hong Kong is ``legally - competent'' to administer the United States-Hong Kong - Agreement for the Surrender of Fugitive Offenders, done - at Hong Kong December 20, 1996, or other relevant law - enforcement agreements between the United States and - Hong Kong. - + (1) contains a strategy for protecting United States citizens + and businesses in Hong Kong; + (2) assesses the potential risks of the legislation to United + States citizens residing in, traveling to, or transiting through + Hong Kong; and + (3) determines whether-- + (A) additional resources are needed for American Citizen + Services at the United States Consulate in Hong Kong; and + (B) the Government of Hong Kong is ``legally competent'' to + administer the United States-Hong Kong Agreement for the + Surrender of Fugitive Offenders, done at Hong Kong December 20, + 1996, or other relevant law enforcement agreements between the + United States and Hong Kong. SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL FREEDOMS AND - AUTONOMY IN HONG KONG. - +AUTONOMY IN HONG KONG. (a) Identification of Persons Responsible for Undermining Fundamental Freedoms and Autonomy in Hong Kong.-- - (1) In general.--The President shall submit a report to the - appropriate congressional committees, in accordance with - paragraph (2), that identifies each foreign person that the - President determines is responsible for-- - (A) the extrajudicial rendition, arbitrary - detention, or torture of any person in Hong Kong; or - (B) other gross violations of internationally - recognized human rights in Hong Kong. - (2) Timing of reports.--The President shall submit to the - appropriate congressional committees-- - (A) the report required under paragraph (1)-- - (i) not later than 180 days after the date - of the enactment of this Act; and - (ii) not less frequently than annually - thereafter in conjunction with the publication - of the report required under section 301 of the - United States-Hong Kong Policy Act of 1992 (22 - U.S.C. 5731); and - (B) an update to the report not later than 15 days - after any new action is taken under subsection (b) - based on the discovery of new information described in - paragraph (1). - (3) Consideration of certain information.--In preparing the - report required under paragraph (1), the President shall - consider-- - (A) information provided jointly by the chairperson - and ranking member of each of the appropriate - congressional committees; and - (B) information obtained by other countries or - reputable nongovernmental organizations that monitor - violations of human rights abuses. - (4) Form.--The report required under paragraph (1) shall be - submitted in unclassified form, but may include a classified - annex. + (1) In general.--The President shall submit a report to the + appropriate congressional committees, in accordance with paragraph + (2), that identifies each foreign person that the President + determines is responsible for-- + (A) the extrajudicial rendition, arbitrary detention, or + torture of any person in Hong Kong; or + (B) other gross violations of internationally recognized + human rights in Hong Kong. + (2) Timing of reports.--The President shall submit to the + appropriate congressional committees-- + (A) the report required under paragraph (1)-- + (i) not later than 180 days after the date of the + enactment of this Act; and + (ii) not less frequently than annually thereafter in + conjunction with the publication of the report required + under section 301 of the United States-Hong Kong Policy Act + of 1992 (22 U.S.C. 5731); and + (B) an update to the report not later than 15 days after + any new action is taken under subsection (b) based on the + discovery of new information described in paragraph (1). + (3) Consideration of certain information.--In preparing the + report required under paragraph (1), the President shall consider-- + (A) information provided jointly by the chairperson and + ranking member of each of the appropriate congressional + committees; and + (B) information obtained by other countries or reputable + nongovernmental organizations that monitor violations of human + rights abuses. + (4) Form.--The report required under paragraph (1) shall be + submitted in unclassified form, but may include a classified annex. (b) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person identified in the report required under subsection (a)(1). (c) Sanctions Described.--The sanctions described in this subsection are the following: - (1) Asset blocking.--The President shall exercise all of - the powers granted to the President under the International - Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the - extent necessary to block and prohibit all transactions in - property and interests in property of a foreign person - identified in the report required under subsection (a)(1) if - such property and interests in property are in the United - States, come within the United States, or come within the - possession or control of a United States person. - (2) Ineligibility for visas, admission, or parole.-- - (A) Visas, admission, or parole.--An alien - described in subsection (a)(1) is-- - (i) inadmissible to the United States; - (ii) ineligible to receive a visa or other - documentation to enter the United States; and - (iii) otherwise ineligible to be admitted - or paroled into the United States or to receive - any other benefit under the Immigration and - Nationality Act (8 U.S.C. 1101 et seq.). - (B) Current visas revoked.-- - (i) In general.--An alien described in - subsection (a)(1) is subject to revocation of - any visa or other entry documentation - regardless of when the visa or other entry - documentation is or was issued. - (ii) Immediate effect.--A revocation under - clause (i) shall-- - (I) take effect immediately; and - (II) automatically cancel any other - valid visa or entry documentation that - is in the alien's possession. - (3) Penalties.--The penalties provided for in subsections - (b) and (c) of section 206 of the International Emergency - Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign - person that violates, attempts to violate, conspires to - violate, or causes a violation of paragraph (1) to the same - extent that such penalties apply to a person that commits an - unlawful act described in subsection (a) of such section 206. + (1) Asset blocking.--The President shall exercise all of the + powers granted to the President under the International Emergency + Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent + necessary to block and prohibit all transactions in property and + interests in property of a foreign person identified in the report + required under subsection (a)(1) if such property and interests in + property are in the United States, come within the United States, + or come within the possession or control of a United States person. + (2) Ineligibility for visas, admission, or parole.-- + (A) Visas, admission, or parole.--An alien described in + subsection (a)(1) is-- + (i) inadmissible to the United States; + (ii) ineligible to receive a visa or other + documentation to enter the United States; and + (iii) otherwise ineligible to be admitted or paroled + into the United States or to receive any other benefit + under the Immigration and Nationality Act (8 U.S.C. 1101 et + seq.). + (B) Current visas revoked.-- + (i) In general.--An alien described in subsection + (a)(1) is subject to revocation of any visa or other entry + documentation regardless of when the visa or other entry + documentation is or was issued. + (ii) Immediate effect.--A revocation under clause (i) + shall-- + + (I) take effect immediately; and + (II) automatically cancel any other valid visa or + entry documentation that is in the alien's possession. + + (3) Penalties.--The penalties provided for in subsections (b) + and (c) of section 206 of the International Emergency Economic + Powers Act (50 U.S.C. 1705) shall apply to a foreign person that + violates, attempts to violate, conspires to violate, or causes a + violation of paragraph (1) to the same extent that such penalties + apply to a person that commits an unlawful act described in + subsection (a) of such section 206. (d) 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 @@ -536,111 +484,98 @@ required under subsection (a)(1) if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States. (f) Exceptions.-- - (1) Exception for intelligence activities.--Sanctions under - this section shall not apply to any activity subject to the - reporting requirements under title V of the National Security - Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized - intelligence activities of the United States. - (2) Exception to comply with international obligations and - for law enforcement activities.--Sanctions under subsection - (c)(2) shall not apply with respect to an alien if admitting or - paroling the alien into the United States is necessary-- - (A) to permit the United States to comply with the - Agreement regarding the Headquarters of the United - Nations, signed at Lake Success June 26, 1947, and - entered into force November 21, 1947, between the - United Nations and the United States, or other - applicable international obligations; or - (B) to carry out or assist law enforcement activity - in the United States. - (3) Exception relating to importation of goods.-- - (A) In general.--The authorities and requirements - to impose sanctions authorized under this section shall - not include the authority or a requirement to impose - sanctions on the importation of goods. - (B) Good defined.--In this paragraph, the term - ``good'' means any article, natural or manmade - substance, material, supply, or manufactured product, - including inspection and test equipment, and excluding - technical data. + (1) Exception for intelligence activities.--Sanctions under + this section shall not apply to any activity subject to the + reporting requirements under title V of the National Security Act + of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence + activities of the United States. + (2) Exception to comply with international obligations and for + law enforcement activities.--Sanctions under subsection (c)(2) + shall not apply with respect to an alien if admitting or paroling + the alien into the United States is necessary-- + (A) to permit the United States to comply with the + Agreement regarding the Headquarters of the United Nations, + signed at Lake Success June 26, 1947, and entered into force + November 21, 1947, between the United Nations and the United + States, or other applicable international obligations; or + (B) to carry out or assist law enforcement activity in the + United States. + (3) Exception relating to importation of goods.-- + (A) In general.--The authorities and requirements to impose + sanctions authorized under this section shall not include the + authority or a requirement to impose sanctions on the + importation of goods. + (B) Good defined.--In this paragraph, the term ``good'' + means any article, natural or manmade substance, material, + supply, or manufactured product, including inspection and test + equipment, and excluding technical data. (g) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not less than 15 days before the termination takes effect that-- - (1) information exists that the person did not engage in - the activity for which sanctions were imposed; - (2) the person has been prosecuted appropriately for the - activity for which sanctions were imposed; - (3) the person has credibly demonstrated a significant - change in behavior, has paid an appropriate consequence for the - activity for which sanctions were imposed, and has credibly - committed to not engage in an activity described in subsection - (a)(1) in the future; or - (4) the termination of the sanctions is in the national - security interests of the United States. + (1) information exists that the person did not engage in the + activity for which sanctions were imposed; + (2) the person has been prosecuted appropriately for the + activity for which sanctions were imposed; + (3) the person has credibly demonstrated a significant change + in behavior, has paid an appropriate consequence for the activity + for which sanctions were imposed, and has credibly committed to not + engage in an activity described in subsection (a)(1) in the future; + or + (4) the termination of the sanctions is in the national + security interests of the United States. (h) Sunset.--This section, and any sanctions imposed under this section, shall terminate on the date that is 5 years after the date of the enactment of this Act. (i) Definitions.--In this section: - (1) Admission; admitted; alien.--The terms ``admission'', - ``admitted'', and ``alien'' have the meanings given those terms - in section 101 of the Immigration and Nationality Act (8 U.S.C. - 1101). - (2) Foreign person.--The term ``foreign person'' means a - person that is not a United States person. - + (1) Admission; admitted; alien.--The terms ``admission'', + ``admitted'', and ``alien'' have the meanings given those terms in + section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). + (2) Foreign person.--The term ``foreign person'' means a person + that is not a United States person. SEC. 8. SANCTIONS REPORTS. - (a) In General.--In accordance with section 7, the President shall submit, to the appropriate congressional committees, a report that includes-- - (1) a list of each foreign person with respect to which the - President imposed sanctions during the year preceding the - submission of the report; - (2) a description of the type of sanctions imposed with - respect to each such person; - (3) the number of foreign persons with respect to which the - President terminated sanctions under section 7 during that - year; - (4) the dates on which such sanctions were imposed or - terminated, as applicable; - (5) the reasons for imposing or terminating such sanctions; - and - (6) a description of the efforts of the President to - encourage the governments of other countries to impose - sanctions that are similar to the sanctions authorized under - section 7. + (1) a list of each foreign person with respect to which the + President imposed sanctions during the year preceding the + submission of the report; + (2) a description of the type of sanctions imposed with respect + to each such person; + (3) the number of foreign persons with respect to which the + President terminated sanctions under section 7 during that year; + (4) the dates on which such sanctions were imposed or + terminated, as applicable; + (5) the reasons for imposing or terminating such sanctions; and + (6) a description of the efforts of the President to encourage + the governments of other countries to impose sanctions that are + similar to the sanctions authorized under section 7. (b) Nonapplicability of Confidentiality Requirement With Respect to Visa Records.--The President shall publish the report required under subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. - SEC. 9. SENSE OF CONGRESS ON PEOPLE'S REPUBLIC OF CHINA STATE- - CONTROLLED MEDIA. - +CONTROLLED MEDIA. It is the sense of Congress that-- - (1) the United States condemns the deliberate targeting and - harassment of democracy activists, diplomatic personnel of the - United States and other nations, and their families by media - organizations controlled by the Government of the People's - Republic of China, including Wen Wei Po and Ta Kung Po; - (2) the Secretary of State should clearly inform the - Government of the People's Republic of China that the use of - media outlets to spread disinformation or to intimidate and - threaten its perceived enemies in Hong Kong or in other - countries is unacceptable; and - (3) the Secretary of State should take any activities - described in paragraph (1) or (2) into consideration when - granting visas for travel and work in the United States to - journalists from the People's Republic of China who are - affiliated with any such media organizations. - -SEC. 10. SENSE OF CONGRESS ON COMMERCIAL EXPORTS OF CROWD CONTROL - EQUIPMENT TO HONG KONG. - + (1) the United States condemns the deliberate targeting and + harassment of democracy activists, diplomatic personnel of the + United States and other nations, and their families by media + organizations controlled by the Government of the People's Republic + of China, including Wen Wei Po and Ta Kung Po; + (2) the Secretary of State should clearly inform the Government + of the People's Republic of China that the use of media outlets to + spread disinformation or to intimidate and threaten its perceived + enemies in Hong Kong or in other countries is unacceptable; and + (3) the Secretary of State should take any activities described + in paragraph (1) or (2) into consideration when granting visas for + travel and work in the United States to journalists from the + People's Republic of China who are affiliated with any such media + organizations. + SEC. 10. SENSE OF CONGRESS ON COMMERCIAL EXPORTS OF CROWD CONTROL + EQUIPMENT TO HONG KONG. It is sense of Congress that the Department of Commerce, in conjunction with other relevant Federal departments and agencies, should consider appropriate adjustments to the current United States @@ -648,19 +583,7 @@ export controls with respect to Hong Kong to prevent the supply of crowd control and surveillance equipment that could be used inappropriately in Hong Kong. - Passed the Senate November 19, 2019. - - Attest: - - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - S. 1838 - -_______________________________________________________________________ - - AN ACT - - To amend the Hong Kong Policy Act of 1992, and for other purposes. + Vice President of the United States and + President of the Senate. From ea756b3ce2af581e3d59671f3d0178187fec7b39 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 848/984] Senate-1869: Introduced to Senate --- bills_text/Senate-1869.txt | 257 +++++++++++++++++++++++++++++++++++++ 1 file changed, 257 insertions(+) create mode 100644 bills_text/Senate-1869.txt diff --git a/bills_text/Senate-1869.txt b/bills_text/Senate-1869.txt new file mode 100644 index 0000000..78a0a63 --- /dev/null +++ b/bills_text/Senate-1869.txt @@ -0,0 +1,257 @@ +116th CONGRESS + 1st Session + S. 1869 + +To require the disclosure of ownership of high-security space leased to + accommodate a Federal agency, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 13, 2019 + +Mr. Peters (for himself and Mr. Portman) introduced the following bill; +which was read twice and referred to the Committee on Homeland Security + and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + +To require the disclosure of ownership of high-security space leased to + accommodate a Federal agency, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; FINDINGS. + + (a) Short Title.--This Act may be cited as the ``Secure Federal +Leases from Espionage And Suspicious Entanglements Act'' or the +``Secure Federal LEASEs Act''. + (b) Findings.--Congress finds that-- + (1) the Government Accountability Office has reported that + the Federal Government often leases high-security space from + private sector landlords; + (2) the General Services Administration collects highest- + level and immediate ownership information through the System of + Award Management, but it is not currently required to collect + beneficial ownership information and lacks an adequate system + for doing so; + (3) the General Services Administration and Federal + agencies with leasing authority may not know if foreign owners + have a stake in the buildings leased by the agencies, either + through foreign-incorporated legal entities or through + ownership in United States-incorporated legal entities, even + when the leased space is used for classified operations or to + store sensitive data; and + (4) according to a report of the Government Accountability + Office, dated January 2017, that examined the risks of foreign + ownership of Government-leased real estate, ``leasing space in + foreign-owned buildings could present security risks such as + espionage and unauthorized cyber and physical access''. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Beneficial owner.-- + (A) In general.--Except as provided in subparagraph + (B), the term ``beneficial owner'' means, with respect + to a covered entity, each natural person who, directly + or indirectly, through any contract, arrangement, + understanding, relationship, or otherwise-- + (i) exercises control over the covered + entity; or + (ii) has a substantial interest in or + receives substantial economic benefits from the + assets of the covered entity. + (B) Exceptions.--The term ``beneficial owner'' does + not include, with respect to a covered entity-- + (i) a minor child; + (ii) a person acting as a nominee, + intermediary, custodian, or agent on behalf of + another person; + (iii) a person acting solely as an employee + of the covered entity and whose control over or + economic benefits from the covered entity + derives solely from the employment status of + the person; + (iv) a person whose only interest in the + covered entity is through a right of + inheritance, unless the person also meets the + requirements of subparagraph (A); or + (v) a creditor of the covered entity, + unless the creditor also meets the requirements + of subparagraph (A). + (C) Anti-abuse rule.--The exceptions under + subparagraph (B) shall not apply if used for the + purpose of evading, circumventing, or abusing the + requirements of this Act. + (2) Closely held.--The term ``closely held'' means a fund + that has less than 100 natural persons as direct or indirect + investors. + (3) Control.--The term ``control'' means, with respect to a + covered entity-- + (A) having the authority or ability to determine + how a covered entity is utilized; or + (B) having some decision-making power for the use + of a covered entity. + (4) Covered entity.--The term ``covered entity'' means a + person, copartnership, corporation, or other public or private + entity. + (5) Executive agency.--The term ``Executive agency'' has + the meaning given the term in section 105 of title 5, United + States Code. + (6) Federal agency.--The term ``Federal agency'' means any + Executive agency or any establishment in the legislative or + judicial branch of the Government. + (7) Federal lessee.--The term ``Federal lessee'' means the + Administrator of General Services, the Architect of the + Capitol, or the head of any Federal agency, other than the + Department of Defense, that has independent statutory leasing + authority. + (8) Foreign entity.--The term ``foreign entity'' means an + entity that is headquartered or incorporated in a country that + is not the United States. + (9) Foreign person.--The term ``foreign person'' means an + individual who is not a United States person. + (10) Federal tenant.--The term ``Federal tenant'' means a + Federal agency that is occupying or will occupy a high-security + leased space for which a lease agreement has been secured on + behalf of the Federal agency. + (11) High-security leased space.--The term ``high-security + leased space'' means a space leased by a Federal lessee that-- + (A) will be occupied by Federal employees for + nonmilitary activities; and + (B) has a facility security level of III, IV, or V, + as determined by the Federal tenant in consultation + with the Interagency Security Committee, the Department + of Homeland Security, and the General Services + Administration. + (12) Highest-level owner.--The term ``highest-level owner'' + means the entity that owns or controls an immediate owner of + the offeror of a lease, or that owns or controls 1 or more + entities that control an immediate owner of the offeror. + (13) Immediate owner.--The term ``immediate owner'' means + an entity, other than the offeror of a lease, that has direct + control of the offeror, including ownership or interlocking + management, identity of interests among family members, shared + facilities and equipment, and the common use of employees. + (14) Substantial economic benefits.--The term ``substantial + economic benefits'' means, with respect to a natural person + described in paragraph (1)(A)(ii), having an entitlement to the + funds or assets of a covered entity that, as a practical + matter, enables the person, directly or indirectly, to control, + manage, or direct the covered entity. + (15) United states person.--The term ``United States + person'' means an individual who-- + (A) is a citizen of the United States; or + (B) is an alien lawfully admitted for permanent + residence in the United States. + (16) Widely held.--The term ``widely held'' means a fund + that has not less than 100 natural persons as direct or + indirect investors. + +SEC. 3. DISCLOSURE OF OWNERSHIP OF HIGH-SECURITY SPACE LEASED FOR + FEDERAL AGENCIES. + + (a) Required Disclosures.--Before entering into a lease agreement +with a covered entity or approving a novation agreement with a covered +entity involving a change of ownership under a lease that will be used +for high-security leased space, a Federal lessee shall require the +covered entity to identify and disclose whether the immediate or +highest-level owner of the leased space, including an entity involved +in the financing thereof, is a foreign person or a foreign entity, +including the country associated with the ownership entity. + (b) Notification.--If a disclosure is made under subsection (a), +the Federal lessee shall notify the Federal tenant of the building or +other improvement that will be used for high-security space in writing, +and consult with the Federal tenant, regarding security concerns and +necessary mitigation measures, if any, prior to award of the lease or +approval of the novation agreement. + (c) Timing.-- + (1) In general.--A Federal lessee shall require a covered + entity to provide the information described in subsection (a) + to a covered entity when first submitting a proposal in + response to a solicitation for offers issued by the Federal + lessee. + (2) Updates.--A Federal lessee shall require a covered + entity to update a submission of the information described in + subsection (a) annually, beginning on the date that is 1 year + after the date on which the Federal tenant began occupancy, + with information including-- + (A) the list of immediate or highest-level owners + of the covered entity during the preceding 1-year + period of Federal occupancy; or + (B) the information required to be provided + relating to each such immediate or highest-level owner. + +SEC. 4. IMMEDIATE, HIGHEST-LEVEL, AND BENEFICIAL OWNERS. + + (a) Proposal.--The General Services Administration shall develop a +Government-wide proposal for identifying all immediate, highest-level, +or beneficial owners of high-security leased spaces before entering +into a lease agreement with a covered entity for the accommodation of a +Federal tenant in a high-security leased space. + (b) Requirements.-- + (1) Contents.--The proposal described in subsection (a) + shall include a process for collecting and utilizing the + following information on each immediate, highest-level, or + beneficial owner of a high-security leased space: + (A) Name. + (B) Current residential or business street address. + (C) An identifying number or document that verifies + identity as a United States person or foreign person. + (2) Disclosures and notifications.--The proposal described + in subsection (a) shall-- + (A) require the disclosure of any immediate, + highest-level, or beneficial owner that is a foreign + person; + (B) require that, if the Federal lessee is + assigning the building or other improvement that will + be used for high-security space to a Federal tenant, + the Federal tenant shall be notified of the disclosure + described in subparagraph (A); and + (C) exclude collecting ownership information on + widely held pooled-investment vehicles, mutual funds, + trusts, or other pooled-investment vehicles; and + (D) include ownership information on closely held + pooled-investment vehicles, mutual funds, trusts, or + other pooled-investment vehicles. + (c) Report and Implementation.--The General Services Administration +shall-- + (1) not later than 1 year after the date of enactment of + this Act, submit the proposal described in subsection (a) to + the Committee on Homeland Security and Governmental Affairs of + the Senate and the Committee on Oversight and Reform of the + House of Representatives; and + (2) not later than 6 years after the date of enactment of + this Act, implement the proposal described in subsection (a). + +SEC. 5. OTHER SECURITY AGREEMENTS FOR LEASED SPACE. + + A lease agreement between a Federal lessee and a covered entity for +the accommodation of a Federal agency in a building or other +improvement that will be used for high-security space shall include +language that provides that-- + (1) the covered entity and any member of the property + management company who may be responsible for oversight or + maintenance of the high-security space shall not-- + (A) maintain access to the high-security space; or + (B) have access to the high-security space without + prior approval from the Federal tenant; + (2) access to the high-security space or any property or + information located within that space will only be granted by + the Federal tenant if the Federal tenant determines that the + access is clearly consistent with the mission and + responsibilities of the Federal tenant; and + (3) the Federal lessee shall have written procedures in + place, signed by the Federal lessee and the covered entity, + governing access to the high-security space in case of + emergencies that may damage the leased property. + \ No newline at end of file From 57a91974ee70165991ccb11906420204075ee5c5 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 849/984] Senate-1869: Engrossed in Senate --- bills_text/Senate-1869.txt | 185 +++++++++++++++++++++---------------- 1 file changed, 103 insertions(+), 82 deletions(-) diff --git a/bills_text/Senate-1869.txt b/bills_text/Senate-1869.txt index 78a0a63..65d33b0 100644 --- a/bills_text/Senate-1869.txt +++ b/bills_text/Senate-1869.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 1869 -To require the disclosure of ownership of high-security space leased to - accommodate a Federal agency, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - June 13, 2019 - -Mr. Peters (for himself and Mr. Portman) introduced the following bill; -which was read twice and referred to the Committee on Homeland Security - and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -39,10 +24,10 @@ Leases from Espionage And Suspicious Entanglements Act'' or the the Federal Government often leases high-security space from private sector landlords; (2) the General Services Administration collects highest- - level and immediate ownership information through the System of - Award Management, but it is not currently required to collect - beneficial ownership information and lacks an adequate system - for doing so; + level and immediate ownership information through the System + for Award Management, but it is not currently required to + collect beneficial ownership information and lacks an adequate + system for doing so; (3) the General Services Administration and Federal agencies with leasing authority may not know if foreign owners have a stake in the buildings leased by the agencies, either @@ -92,39 +77,44 @@ SEC. 2. DEFINITIONS. subparagraph (B) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this Act. - (2) Closely held.--The term ``closely held'' means a fund - that has less than 100 natural persons as direct or indirect - investors. - (3) Control.--The term ``control'' means, with respect to a + (2) Control.--The term ``control'' means, with respect to a covered entity-- (A) having the authority or ability to determine how a covered entity is utilized; or (B) having some decision-making power for the use of a covered entity. - (4) Covered entity.--The term ``covered entity'' means a - person, copartnership, corporation, or other public or private - entity. - (5) Executive agency.--The term ``Executive agency'' has + (3) Covered entity.--The term ``covered entity'' means-- + (A) a person, corporation, company, business + association, partnership, society, trust, or any other + nongovernmental entity, organization, or group; or + (B) any governmental entity or instrumentality of a + government. + (4) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code. - (6) Federal agency.--The term ``Federal agency'' means any + (5) Federal agency.--The term ``Federal agency'' means any Executive agency or any establishment in the legislative or judicial branch of the Government. - (7) Federal lessee.--The term ``Federal lessee'' means the - Administrator of General Services, the Architect of the - Capitol, or the head of any Federal agency, other than the - Department of Defense, that has independent statutory leasing - authority. - (8) Foreign entity.--The term ``foreign entity'' means an - entity that is headquartered or incorporated in a country that - is not the United States. + (6) Federal lessee.--The term ``Federal lessee''-- + (A) means the Administrator of General Services, + the Architect of the Capitol, or the head of any + Federal agency, other than the Department of Defense, + that has independent statutory leasing authority; and + (B) does not include the head of an element of the + intelligence community. + (7) Federal tenant.--The term ``Federal tenant''-- + (A) means a Federal agency that is occupying or + will occupy a high-security leased space for which a + lease agreement has been secured on behalf of the + Federal agency; and + (B) does not include an element of the intelligence + community. + (8) Foreign entity.--The term ``foreign entity'' means a + covered entity that is headquartered or incorporated in a + country that is not the United States. (9) Foreign person.--The term ``foreign person'' means an individual who is not a United States person. - (10) Federal tenant.--The term ``Federal tenant'' means a - Federal agency that is occupying or will occupy a high-security - leased space for which a lease agreement has been secured on - behalf of the Federal agency. - (11) High-security leased space.--The term ``high-security + (10) High-security leased space.--The term ``high-security leased space'' means a space leased by a Federal lessee that-- (A) will be occupied by Federal employees for nonmilitary activities; and @@ -133,15 +123,18 @@ SEC. 2. DEFINITIONS. with the Interagency Security Committee, the Department of Homeland Security, and the General Services Administration. - (12) Highest-level owner.--The term ``highest-level owner'' + (11) Highest-level owner.--The term ``highest-level owner'' means the entity that owns or controls an immediate owner of the offeror of a lease, or that owns or controls 1 or more entities that control an immediate owner of the offeror. - (13) Immediate owner.--The term ``immediate owner'' means + (12) Immediate owner.--The term ``immediate owner'' means an entity, other than the offeror of a lease, that has direct control of the offeror, including ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. + (13) Intelligence community.--The term ``intelligence + community'' has the meaning given the term in section 3 of the + National Security Act of 1947 (50 U.S.C. 3003). (14) Substantial economic benefits.--The term ``substantial economic benefits'' means, with respect to a natural person described in paragraph (1)(A)(ii), having an entitlement to the @@ -177,11 +170,10 @@ approval of the novation agreement. (c) Timing.-- (1) In general.--A Federal lessee shall require a covered entity to provide the information described in subsection (a) - to a covered entity when first submitting a proposal in - response to a solicitation for offers issued by the Federal - lessee. + when first submitting a proposal in response to a solicitation + for offers issued by the Federal lessee. (2) Updates.--A Federal lessee shall require a covered - entity to update a submission of the information described in + entity to submit an update of the information described in subsection (a) annually, beginning on the date that is 1 year after the date on which the Federal tenant began occupancy, with information including-- @@ -193,22 +185,23 @@ approval of the novation agreement. SEC. 4. IMMEDIATE, HIGHEST-LEVEL, AND BENEFICIAL OWNERS. - (a) Proposal.--The General Services Administration shall develop a -Government-wide proposal for identifying all immediate, highest-level, -or beneficial owners of high-security leased spaces before entering -into a lease agreement with a covered entity for the accommodation of a + (a) Plan.--The General Services Administration shall develop a +Government-wide plan for identifying all immediate, highest-level, or +beneficial owners of high-security leased spaces before entering into a +lease agreement with a covered entity for the accommodation of a Federal tenant in a high-security leased space. (b) Requirements.-- - (1) Contents.--The proposal described in subsection (a) - shall include a process for collecting and utilizing the - following information on each immediate, highest-level, or - beneficial owner of a high-security leased space: + (1) Contents.--The plan described in subsection (a) shall + include a process for collecting and utilizing the following + information on each immediate, highest-level, or beneficial + owner of a high-security leased space: (A) Name. (B) Current residential or business street address. (C) An identifying number or document that verifies - identity as a United States person or foreign person. - (2) Disclosures and notifications.--The proposal described - in subsection (a) shall-- + identity as a United States person, foreign person, or + foreign entity. + (2) Disclosures and notifications.--The plan described in + subsection (a) shall-- (A) require the disclosure of any immediate, highest-level, or beneficial owner that is a foreign person; @@ -219,39 +212,67 @@ Federal tenant in a high-security leased space. described in subparagraph (A); and (C) exclude collecting ownership information on widely held pooled-investment vehicles, mutual funds, - trusts, or other pooled-investment vehicles; and - (D) include ownership information on closely held - pooled-investment vehicles, mutual funds, trusts, or - other pooled-investment vehicles. + trusts, or other pooled-investment vehicles. (c) Report and Implementation.--The General Services Administration shall-- (1) not later than 1 year after the date of enactment of - this Act, submit the proposal described in subsection (a) to - the Committee on Homeland Security and Governmental Affairs of - the Senate and the Committee on Oversight and Reform of the - House of Representatives; and - (2) not later than 6 years after the date of enactment of - this Act, implement the proposal described in subsection (a). + this Act, submit the plan described in subsection (a) to the + Committee on Homeland Security and Governmental Affairs of the + Senate and the Committee on Oversight and Reform of the House + of Representatives; + (2) not later than 2 years after the date of enactment of + this Act, implement the plan described in subsection (a); and + (3) not later than 1 year after the implementation of the + plan described in subsection (a), and each year thereafter for + 9 years, submit a report to the Committee on Homeland Security + and Governmental Affairs of the Senate and the Committee on + Oversight and Reform of the House of Representatives on the + status of the implementation of the plan, including the number + of disclosures made under subsection (b)(2). SEC. 5. OTHER SECURITY AGREEMENTS FOR LEASED SPACE. A lease agreement between a Federal lessee and a covered entity for the accommodation of a Federal agency in a building or other -improvement that will be used for high-security space shall include -language that provides that-- +improvement that will be used for high-security leased space shall +include language that provides that-- (1) the covered entity and any member of the property management company who may be responsible for oversight or - maintenance of the high-security space shall not-- - (A) maintain access to the high-security space; or - (B) have access to the high-security space without - prior approval from the Federal tenant; - (2) access to the high-security space or any property or - information located within that space will only be granted by - the Federal tenant if the Federal tenant determines that the - access is clearly consistent with the mission and + maintenance of the high-security leased space shall not-- + (A) maintain access to the high-security leased + space; or + (B) have access to the high-security leased space + without prior approval from the Federal tenant; + (2) access to the high-security leased space or any + property or information located within that space will only be + granted by the Federal tenant if the Federal tenant determines + that the access is clearly consistent with the mission and responsibilities of the Federal tenant; and (3) the Federal lessee shall have written procedures in place, signed by the Federal lessee and the covered entity, - governing access to the high-security space in case of + governing access to the high-security leased space in case of emergencies that may damage the leased property. - \ No newline at end of file + +SEC. 6. APPLICABILITY. + + Except where otherwise provided, this Act shall apply with respect +to any lease or novation agreement entered into on or after the date of +the enactment of this Act. + + Passed the Senate March 3, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 1869 + +_______________________________________________________________________ + + AN ACT + +To require the disclosure of ownership of high-security space leased to + accommodate a Federal agency, and for other purposes. From 3bfb471f57cdbcde2ff9ecd584f1bcbe5543c8f7 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 850/984] Senate-1869: Enrolled --- bills_text/Senate-1869.txt | 441 ++++++++++++++++++------------------- 1 file changed, 210 insertions(+), 231 deletions(-) diff --git a/bills_text/Senate-1869.txt b/bills_text/Senate-1869.txt index 65d33b0..ebaba28 100644 --- a/bills_text/Senate-1869.txt +++ b/bills_text/Senate-1869.txt @@ -1,158 +1,151 @@ -116th CONGRESS - 2d Session - S. 1869 + S.1869 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To require the disclosure of ownership of high-security space leased to - accommodate a Federal agency, and for other purposes. + accommodate a Federal agency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; FINDINGS. - (a) Short Title.--This Act may be cited as the ``Secure Federal Leases from Espionage And Suspicious Entanglements Act'' or the ``Secure Federal LEASEs Act''. (b) Findings.--Congress finds that-- - (1) the Government Accountability Office has reported that - the Federal Government often leases high-security space from - private sector landlords; - (2) the General Services Administration collects highest- - level and immediate ownership information through the System - for Award Management, but it is not currently required to - collect beneficial ownership information and lacks an adequate - system for doing so; - (3) the General Services Administration and Federal - agencies with leasing authority may not know if foreign owners - have a stake in the buildings leased by the agencies, either - through foreign-incorporated legal entities or through - ownership in United States-incorporated legal entities, even - when the leased space is used for classified operations or to - store sensitive data; and - (4) according to a report of the Government Accountability - Office, dated January 2017, that examined the risks of foreign - ownership of Government-leased real estate, ``leasing space in - foreign-owned buildings could present security risks such as - espionage and unauthorized cyber and physical access''. - + (1) the Government Accountability Office has reported that the + Federal Government often leases high-security space from private + sector landlords; + (2) the General Services Administration collects highest- level + and immediate ownership information through the System for Award + Management, but it is not currently required to collect beneficial + ownership information and lacks an adequate system for doing so; + (3) the General Services Administration and Federal agencies + with leasing authority may not know if foreign owners have a stake + in the buildings leased by the agencies, either through foreign- + incorporated legal entities or through ownership in United States- + incorporated legal entities, even when the leased space is used for + classified operations or to store sensitive data; and + (4) according to a report of the Government Accountability + Office, dated January 2017, that examined the risks of foreign + ownership of Government-leased real estate, ``leasing space in + foreign-owned buildings could present security risks such as + espionage and unauthorized cyber and physical access''. SEC. 2. DEFINITIONS. - In this Act: - (1) Beneficial owner.-- - (A) In general.--Except as provided in subparagraph - (B), the term ``beneficial owner'' means, with respect - to a covered entity, each natural person who, directly - or indirectly, through any contract, arrangement, - understanding, relationship, or otherwise-- - (i) exercises control over the covered - entity; or - (ii) has a substantial interest in or - receives substantial economic benefits from the - assets of the covered entity. - (B) Exceptions.--The term ``beneficial owner'' does - not include, with respect to a covered entity-- - (i) a minor child; - (ii) a person acting as a nominee, - intermediary, custodian, or agent on behalf of - another person; - (iii) a person acting solely as an employee - of the covered entity and whose control over or - economic benefits from the covered entity - derives solely from the employment status of - the person; - (iv) a person whose only interest in the - covered entity is through a right of - inheritance, unless the person also meets the - requirements of subparagraph (A); or - (v) a creditor of the covered entity, - unless the creditor also meets the requirements - of subparagraph (A). - (C) Anti-abuse rule.--The exceptions under - subparagraph (B) shall not apply if used for the - purpose of evading, circumventing, or abusing the - requirements of this Act. - (2) Control.--The term ``control'' means, with respect to a - covered entity-- - (A) having the authority or ability to determine - how a covered entity is utilized; or - (B) having some decision-making power for the use - of a covered entity. - (3) Covered entity.--The term ``covered entity'' means-- - (A) a person, corporation, company, business - association, partnership, society, trust, or any other - nongovernmental entity, organization, or group; or - (B) any governmental entity or instrumentality of a - government. - (4) Executive agency.--The term ``Executive agency'' has - the meaning given the term in section 105 of title 5, United - States Code. - (5) Federal agency.--The term ``Federal agency'' means any - Executive agency or any establishment in the legislative or - judicial branch of the Government. - (6) Federal lessee.--The term ``Federal lessee''-- - (A) means the Administrator of General Services, - the Architect of the Capitol, or the head of any - Federal agency, other than the Department of Defense, - that has independent statutory leasing authority; and - (B) does not include the head of an element of the - intelligence community. - (7) Federal tenant.--The term ``Federal tenant''-- - (A) means a Federal agency that is occupying or - will occupy a high-security leased space for which a - lease agreement has been secured on behalf of the - Federal agency; and - (B) does not include an element of the intelligence - community. - (8) Foreign entity.--The term ``foreign entity'' means a - covered entity that is headquartered or incorporated in a - country that is not the United States. - (9) Foreign person.--The term ``foreign person'' means an - individual who is not a United States person. - (10) High-security leased space.--The term ``high-security - leased space'' means a space leased by a Federal lessee that-- - (A) will be occupied by Federal employees for - nonmilitary activities; and - (B) has a facility security level of III, IV, or V, - as determined by the Federal tenant in consultation - with the Interagency Security Committee, the Department - of Homeland Security, and the General Services - Administration. - (11) Highest-level owner.--The term ``highest-level owner'' - means the entity that owns or controls an immediate owner of - the offeror of a lease, or that owns or controls 1 or more - entities that control an immediate owner of the offeror. - (12) Immediate owner.--The term ``immediate owner'' means - an entity, other than the offeror of a lease, that has direct - control of the offeror, including ownership or interlocking - management, identity of interests among family members, shared - facilities and equipment, and the common use of employees. - (13) Intelligence community.--The term ``intelligence - community'' has the meaning given the term in section 3 of the - National Security Act of 1947 (50 U.S.C. 3003). - (14) Substantial economic benefits.--The term ``substantial - economic benefits'' means, with respect to a natural person - described in paragraph (1)(A)(ii), having an entitlement to the - funds or assets of a covered entity that, as a practical - matter, enables the person, directly or indirectly, to control, - manage, or direct the covered entity. - (15) United states person.--The term ``United States - person'' means an individual who-- - (A) is a citizen of the United States; or - (B) is an alien lawfully admitted for permanent - residence in the United States. - (16) Widely held.--The term ``widely held'' means a fund - that has not less than 100 natural persons as direct or - indirect investors. - + (1) Beneficial owner.-- + (A) In general.--Except as provided in subparagraph (B), + the term ``beneficial owner'' means, with respect to a covered + entity, each natural person who, directly or indirectly, + through any contract, arrangement, understanding, relationship, + or otherwise-- + (i) exercises control over the covered entity; or + (ii) has a substantial interest in or receives + substantial economic benefits from the assets of the + covered entity. + (B) Exceptions.--The term ``beneficial owner'' does not + include, with respect to a covered entity-- + (i) a minor child; + (ii) a person acting as a nominee, intermediary, + custodian, or agent on behalf of another person; + (iii) a person acting solely as an employee of the + covered entity and whose control over or economic benefits + from the covered entity derives solely from the employment + status of the person; + (iv) a person whose only interest in the covered entity + is through a right of inheritance, unless the person also + meets the requirements of subparagraph (A); or + (v) a creditor of the covered entity, unless the + creditor also meets the requirements of subparagraph (A). + (C) Anti-abuse rule.--The exceptions under subparagraph (B) + shall not apply if used for the purpose of evading, + circumventing, or abusing the requirements of this Act. + (2) Control.--The term ``control'' means, with respect to a + covered entity-- + (A) having the authority or ability to determine how a + covered entity is utilized; or + (B) having some decision-making power for the use of a + covered entity. + (3) Covered entity.--The term ``covered entity'' means-- + (A) a person, corporation, company, business association, + partnership, society, trust, or any other nongovernmental + entity, organization, or group; or + (B) any governmental entity or instrumentality of a + government. + (4) Executive agency.--The term ``Executive agency'' has the + meaning given the term in section 105 of title 5, United States + Code. + (5) Federal agency.--The term ``Federal agency'' means any + Executive agency or any establishment in the legislative or + judicial branch of the Government. + (6) Federal lessee.--The term ``Federal lessee''-- + (A) means the Administrator of General Services, the + Architect of the Capitol, or the head of any Federal agency, + other than the Department of Defense, that has independent + statutory leasing authority; and + (B) does not include the head of an element of the + intelligence community. + (7) Federal tenant.--The term ``Federal tenant''-- + (A) means a Federal agency that is occupying or will occupy + a high-security leased space for which a lease agreement has + been secured on behalf of the Federal agency; and + (B) does not include an element of the intelligence + community. + (8) Foreign entity.--The term ``foreign entity'' means a + covered entity that is headquartered or incorporated in a country + that is not the United States. + (9) Foreign person.--The term ``foreign person'' means an + individual who is not a United States person. + (10) High-security leased space.--The term ``high-security + leased space'' means a space leased by a Federal lessee that-- + (A) will be occupied by Federal employees for nonmilitary + activities; and + (B) has a facility security level of III, IV, or V, as + determined by the Federal tenant in consultation with the + Interagency Security Committee, the Department of Homeland + Security, and the General Services Administration. + (11) Highest-level owner.--The term ``highest-level owner'' + means the entity that owns or controls an immediate owner of the + offeror of a lease, or that owns or controls 1 or more entities + that control an immediate owner of the offeror. + (12) Immediate owner.--The term ``immediate owner'' means an + entity, other than the offeror of a lease, that has direct control + of the offeror, including ownership or interlocking management, + identity of interests among family members, shared facilities and + equipment, and the common use of employees. + (13) Intelligence community.--The term ``intelligence + community'' has the meaning given the term in section 3 of the + National Security Act of 1947 (50 U.S.C. 3003). + (14) Substantial economic benefits.--The term ``substantial + economic benefits'' means, with respect to a natural person + described in paragraph (1)(A)(ii), having an entitlement to the + funds or assets of a covered entity that, as a practical matter, + enables the person, directly or indirectly, to control, manage, or + direct the covered entity. + (15) United states person.--The term ``United States person'' + means an individual who-- + (A) is a citizen of the United States; or + (B) is an alien lawfully admitted for permanent residence + in the United States. + (16) Widely held.--The term ``widely held'' means a fund that + has not less than 100 natural persons as direct or indirect + investors. SEC. 3. DISCLOSURE OF OWNERSHIP OF HIGH-SECURITY SPACE LEASED FOR - FEDERAL AGENCIES. - +FEDERAL AGENCIES. (a) Required Disclosures.--Before entering into a lease agreement with a covered entity or approving a novation agreement with a covered entity involving a change of ownership under a lease that will be used @@ -168,111 +161,97 @@ and consult with the Federal tenant, regarding security concerns and necessary mitigation measures, if any, prior to award of the lease or approval of the novation agreement. (c) Timing.-- - (1) In general.--A Federal lessee shall require a covered - entity to provide the information described in subsection (a) - when first submitting a proposal in response to a solicitation - for offers issued by the Federal lessee. - (2) Updates.--A Federal lessee shall require a covered - entity to submit an update of the information described in - subsection (a) annually, beginning on the date that is 1 year - after the date on which the Federal tenant began occupancy, - with information including-- - (A) the list of immediate or highest-level owners - of the covered entity during the preceding 1-year - period of Federal occupancy; or - (B) the information required to be provided - relating to each such immediate or highest-level owner. - + (1) In general.--A Federal lessee shall require a covered + entity to provide the information described in subsection (a) when + first submitting a proposal in response to a solicitation for + offers issued by the Federal lessee. + (2) Updates.--A Federal lessee shall require a covered entity + to submit an update of the information described in subsection (a) + annually, beginning on the date that is 1 year after the date on + which the Federal tenant began occupancy, with information + including-- + (A) the list of immediate or highest-level owners of the + covered entity during the preceding 1-year period of Federal + occupancy; or + (B) the information required to be provided relating to + each such immediate or highest-level owner. SEC. 4. IMMEDIATE, HIGHEST-LEVEL, AND BENEFICIAL OWNERS. - - (a) Plan.--The General Services Administration shall develop a -Government-wide plan for identifying all immediate, highest-level, or + (a) Plan.--The General Services Administration, in coordination +with the Office of Management and Budget, shall develop a Government- +wide plan for agencies (as such term is defined in section 551 of title +5, United States Code) for identifying all immediate, highest-level, or beneficial owners of high-security leased spaces before entering into a lease agreement with a covered entity for the accommodation of a Federal tenant in a high-security leased space. (b) Requirements.-- - (1) Contents.--The plan described in subsection (a) shall - include a process for collecting and utilizing the following - information on each immediate, highest-level, or beneficial - owner of a high-security leased space: - (A) Name. - (B) Current residential or business street address. - (C) An identifying number or document that verifies - identity as a United States person, foreign person, or - foreign entity. - (2) Disclosures and notifications.--The plan described in - subsection (a) shall-- - (A) require the disclosure of any immediate, - highest-level, or beneficial owner that is a foreign - person; - (B) require that, if the Federal lessee is - assigning the building or other improvement that will - be used for high-security space to a Federal tenant, - the Federal tenant shall be notified of the disclosure - described in subparagraph (A); and - (C) exclude collecting ownership information on - widely held pooled-investment vehicles, mutual funds, - trusts, or other pooled-investment vehicles. + (1) Contents.--The plan described in subsection (a) shall + include a process for collecting and utilizing the following + information on each immediate, highest-level, or beneficial owner + of a high-security leased space: + (A) Name. + (B) Current residential or business street address. + (C) An identifying number or document that verifies + identity as a United States person, foreign person, or foreign + entity. + (2) Disclosures and notifications.--The plan described in + subsection (a) shall-- + (A) require the disclosure of any immediate, highest-level, + or beneficial owner that is a foreign person; + (B) require that, if the Federal lessee is assigning the + building or other improvement that will be used for high- + security space to a Federal tenant, the Federal tenant shall be + notified of the disclosure described in subparagraph (A); and + (C) exclude collecting ownership information on widely held + pooled-investment vehicles, mutual funds, trusts, or other + pooled-investment vehicles. (c) Report and Implementation.--The General Services Administration shall-- - (1) not later than 1 year after the date of enactment of - this Act, submit the plan described in subsection (a) to the - Committee on Homeland Security and Governmental Affairs of the - Senate and the Committee on Oversight and Reform of the House - of Representatives; - (2) not later than 2 years after the date of enactment of - this Act, implement the plan described in subsection (a); and - (3) not later than 1 year after the implementation of the - plan described in subsection (a), and each year thereafter for - 9 years, submit a report to the Committee on Homeland Security - and Governmental Affairs of the Senate and the Committee on - Oversight and Reform of the House of Representatives on the - status of the implementation of the plan, including the number - of disclosures made under subsection (b)(2). - + (1) not later than 1 year after the date of enactment of this + Act, submit the plan described in subsection (a) to the Committee + on Homeland Security and Governmental Affairs of the Senate and the + Committee on Transportation and Infrastructure of the House of + Representatives; + (2) not later than 2 years after the date of enactment of this + Act, implement the plan described in subsection (a); and + (3) not later than 1 year after the implementation of the plan + described in subsection (a), and each year thereafter for 9 years, + submit a report to the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on + Transportation and Infrastructure of the House of Representatives + on the status of the implementation of the plan, including the + number of disclosures made under subsection (b)(2). SEC. 5. OTHER SECURITY AGREEMENTS FOR LEASED SPACE. - A lease agreement between a Federal lessee and a covered entity for the accommodation of a Federal agency in a building or other improvement that will be used for high-security leased space shall include language that provides that-- - (1) the covered entity and any member of the property - management company who may be responsible for oversight or - maintenance of the high-security leased space shall not-- - (A) maintain access to the high-security leased - space; or - (B) have access to the high-security leased space - without prior approval from the Federal tenant; - (2) access to the high-security leased space or any - property or information located within that space will only be - granted by the Federal tenant if the Federal tenant determines - that the access is clearly consistent with the mission and - responsibilities of the Federal tenant; and - (3) the Federal lessee shall have written procedures in - place, signed by the Federal lessee and the covered entity, - governing access to the high-security leased space in case of - emergencies that may damage the leased property. - -SEC. 6. APPLICABILITY. - + (1) the covered entity and any member of the property + management company who may be responsible for oversight or + maintenance of the high-security leased space shall not-- + (A) maintain access to the high-security leased space; or + (B) have access to the high-security leased space without + prior approval from the Federal tenant; + (2) access to the high-security leased space or any property or + information located within that space will only be granted by the + Federal tenant if the Federal tenant determines that the access is + clearly consistent with the mission and responsibilities of the + Federal tenant; and + (3) the Federal lessee shall have written procedures in place, + signed by the Federal lessee and the covered entity, governing + access to the high-security leased space in case of emergencies + that may damage the leased property. +SEC. 6. AGENCY NOTIFICATIONS. + Not later than 60 days after the date of enactment of this Act, the +Administrator of General Services, in consultation with the Office of +Management and Budget, shall provide notification to relevant Executive +branch agencies with independent leasing authorities of the +requirements of this Act. +SEC. 7. APPLICABILITY. Except where otherwise provided, this Act shall apply with respect -to any lease or novation agreement entered into on or after the date of -the enactment of this Act. - - Passed the Senate March 3, 2020. +to any lease or novation agreement entered into on or after the date +that is 6 months after the date of enactment of this Act. - Attest: + Speaker of the House of Representatives. - Secretary. -116th CONGRESS - - 2d Session - - S. 1869 - -_______________________________________________________________________ - - AN ACT - -To require the disclosure of ownership of high-security space leased to - accommodate a Federal agency, and for other purposes. + Vice President of the United States and + President of the Senate. From d645005fdc77856add8904028275beb88941a7ce Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 851/984] Senate-1982: Introduced to Senate --- bills_text/Senate-1982.txt | 1902 ++++++++++++++++++++++++++++++++++++ 1 file changed, 1902 insertions(+) create mode 100644 bills_text/Senate-1982.txt diff --git a/bills_text/Senate-1982.txt b/bills_text/Senate-1982.txt new file mode 100644 index 0000000..6a46d20 --- /dev/null +++ b/bills_text/Senate-1982.txt @@ -0,0 +1,1902 @@ +116th CONGRESS + 1st Session + S. 1982 + + To improve efforts to combat marine debris, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 26, 2019 + +Mr. Sullivan (for himself, Mr. Whitehouse, Mr. Menendez, Ms. Murkowski, + Mr. Portman, Mr. Booker, Mr. Murphy, Mr. Carper, and Ms. Collins) +introduced the following bill; which was read twice and referred to the + Committee on Commerce, Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To improve efforts to combat marine debris, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Save Our Seas 2.0 +Act'' or the ``SOS 2.0 Act''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Definitions. +Sec. 3. Sense of Congress. + TITLE I--ENHANCING THE DOMESTIC MARINE DEBRIS RESPONSE + + Subtitle A--Marine Debris Response Trust Fund + +Sec. 101. Marine Debris Response Trust Fund. + Subtitle B--Marine Debris Foundation + +Sec. 111. Establishment and purposes of Foundation. +Sec. 112. Board of Directors of the Foundation. +Sec. 113. Rights and obligations of the Foundation. +Sec. 114. Administrative services and support. +Sec. 115. Volunteer status. +Sec. 116. Report requirements; petition of attorney general for + equitable relief. +Sec. 117. United States release from liability. +Sec. 118. Authorization of appropriations. + Subtitle C--Genius Prize for Save Our Seas Innovations + +Sec. 121. Definitions. +Sec. 122. Genius prize for Save Our Seas Innovations. +Sec. 123. Save Our Seas Innovation Steering Committee. +Sec. 124. Agreement with the Marine Debris Foundation. +Sec. 125. Judges. +Sec. 126. Report to Congress. +Sec. 127. Authorization of appropriations. +Sec. 128. Termination of authority. + Subtitle D--Other Measures Relating to Combating Marine Debris + +Sec. 131. Prioritization of marine debris in existing innovation and + entrepreneurship programs. +Sec. 132. Expansion of derelict vessel recycling. +Sec. 133. Incentive for fishermen to collect and dispose of plastic + found at sea. +Sec. 134. Amendments to Marine Debris Program. +Sec. 135. Marine debris on National Forest System land. + Subtitle E--Studies and Reports + +Sec. 141. Report on opportunities for innovative uses of plastic waste. +Sec. 142. Report on microfiber pollution. +Sec. 143. Study on United States plastic pollution data. +Sec. 144. Report on minimizing the creation of new plastic waste. +Sec. 145. Study on mass balance methodologies to certify circular + polymers. + TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS + +Sec. 201. Statement of policy on international cooperation to combat + marine debris. +Sec. 202. Prioritization of efforts and assistance to combat marine + debris and improve plastic waste + management. +Sec. 203. United States leadership in international fora. +Sec. 204. Enhancing international outreach and partnership of United + States agencies involved in marine debris + activities. +Sec. 205. Negotiation of new international agreements. +Sec. 206. Consideration of marine debris in negotiating international + agreements. + TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS + +Sec. 301. Definitions. +Sec. 302. Strategy for improving waste management, recycling, and water + management. +Sec. 303. Waste management State revolving funds. +Sec. 304. Grant programs. +Sec. 305. Study on repurposing plastic waste in infrastructure. +Sec. 306. Study on options to advance technologies for converting + plastic waste to chemicals, feedstocks, and + other products. +Sec. 307. Study on effects of microplastics in food supplies and + sources of drinking water. +Sec. 308. Report on eliminating barriers to increase the collection of + recyclable materials. +Sec. 309. Report on economic incentives to spur development of new end- + use markets for recycled plastics. + +SEC. 2. DEFINITIONS. + + In this Act: + (1) Circular economy.--The term ``circular economy'' means + an economy that uses a systems-focused approach and involves + industrial processes and economic activities that-- + (A) are restorative or regenerative by design; + (B) enable resources used in such processes and + activities to maintain their highest values for as long + as possible; and + (C) aim for the elimination of waste through the + superior design of materials, products, and systems + (including business models). + (2) EPA administrator.--The term ``EPA Administrator'' + means the Administrator of the Environmental Protection Agency. + (3) Indian tribe.--The term ``Indian Tribe'' has the + meaning given the term ``Indian tribe'' in section 4 of the + Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304). + (4) Marine debris.--The term ``marine debris'' has the + meaning given that term in section 7 of the Marine Debris Act + (33 U.S.C. 1956). + (5) Marine debris event.--The term ``marine debris event'' + means an event or related events that affects or may imminently + affect the United States involving-- + (A) marine debris caused by a natural event, + including a tsunami, flood, landslide, hurricane, or + other natural source; + (B) distinct, nonrecurring marine debris, including + derelict vessel groundings and container spills, that + have immediate or long-term impacts on habitats with + high ecological, economic, or human-use values; or + (C) marine debris caused by an intentional or + grossly negligent act or acts that causes substantial + economic or environmental harm. + (6) Non-federal funds.--The term ``non-Federal funds'' + means funds provided by-- + (A) a State; + (B) an Indian Tribe; + (C) a territory of the United States; + (D) one or more units of local governments or + Tribal organizations (as defined in section 4 of the + Indian Self-Determination and Education Assistance Act + (25 U.S.C. 5304)); + (E) a private for-profit entity; + (F) a nonprofit organization; or + (G) a private individual. + (7) Nonprofit organization.--The term ``nonprofit + organization'' means an organization that is described in + section 501(c) of the Internal Revenue Code of 1986 and exempt + from tax under section 501(a) of such Code. + (8) State.--The term ``State'' means-- + (A) a State; + (B) an Indian Tribe; + (C) the District of Columbia; and + (D) a territory or possession of the United States. + (9) Under secretary.--The term ``Under Secretary'' means + the Under Secretary of Commerce for Oceans and Atmosphere and + Administrator of the National Oceanic and Atmospheric + Administration. + (10) Waste management.--The term ``waste management'' means + the systems, operation, supervision, and aftercare of processes + and equipment used for waste-- + (A) collection; + (B) transport; + (C) recovery; + (D) reuse; + (E) recycling; and + (F) safe disposal of waste when recovery, reuse, or + recycling are not otherwise available. + +SEC. 3. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) eliminating plastic waste from the oceans requires a + multi-faceted approach, including waste reduction and + prevention, reuse and recycling, and innovation; + (2) both domestic and international efforts are required to + make progress in combating marine debris; + (3) efforts by States, communities, and corporations to + minimize the use of single-use plastic products have been + successful in raising awareness of the marine debris issue; and + (4) while we make progress toward a more sustainable + future, we must recognize that there is significant amount of + plastic waste that has already been created that must be + prevented from entering the oceans through recycling, reuse, + repurposing, and other innovative means. + + TITLE I--ENHANCING THE DOMESTIC MARINE DEBRIS RESPONSE + + Subtitle A--Marine Debris Response Trust Fund + +SEC. 101. MARINE DEBRIS RESPONSE TRUST FUND. + + (a) In General.--Subchapter A of chapter 98 of the Internal Revenue +Code of 1986 is amended by adding at the end the following: + +``SEC. 9512. MARINE DEBRIS RESPONSE TRUST FUND. + + ``(a) Creation of Trust Fund.--There is established in the Treasury +of the United States a trust fund to be known as the `Marine Debris +Response Trust Fund', consisting of such amounts as may be appropriated +or credited to the Trust Fund as provided in this section. + ``(b) Purposes of Trust Fund.-- + ``(1) In general.--Amounts in the Marine Debris Response + Trust Fund shall be available for the National Oceanic and + Atmospheric Administration to respond to a marine debris event + described in paragraph (2), which may include-- + ``(A) monitoring, response, and prevention; + ``(B) providing funding to States, territories, + Tribes, and other United States Government and + nongovernmental organizations supporting prevention, + cleanup, and response efforts; or + ``(C) administrative costs relating to distributing + amounts from the Trust Fund. + ``(2) Marine debris event described.--A marine debris event + described in this paragraph is an event that affects or may + affect the United States involving-- + ``(A) marine debris caused by a natural event, + including a tsunami, flood, landslide, hurricane, or + other natural source; + ``(B) distinct, nonrecurring marine debris, + including derelict vessel groundings and container + spills, that have immediate or long-term impacts on + habitats with high ecological, economic, or human-use + values; or + ``(C) marine debris caused by an intentional or + grossly negligent act or acts that causes substantial + economic or environmental harm. + ``(c) Limitations on Expenditures.-- + ``(1) Maximum per event.--The maximum amount that may be + paid from the Marine Debris Response Trust Fund with respect to + any single event may not exceed $100,000,000. + ``(2) Minimum balance.--A payment may be made from the + Marine Debris Response Trust Fund only if the amount in the + Trust Fund after the payment will not be less than $1,000,000. + ``(3) Maximum balance.--Amounts in the Marine Debris + Response Trust Fund may not exceed $500,000,000. + ``(d) Initial Funding.--There are authorized to be appropriated to +the Marine Debris Response Trust Fund $2,000,000 for fiscal year 2020 +to establish the Trust Fund. + ``(e) Authority To Borrow.-- + ``(1) In general.--There are authorized to be appropriated + to the Marine Debris Response Trust Fund, as repayable + advances, such sums as may be necessary to carry out the + purposes of the Trust Fund. + ``(2) Limitation on amount outstanding.--The maximum + aggregate amount of repayable advances to the Marine Debris + Response Trust Fund outstanding at any one time may not exceed + $1,000,000. + ``(3) Repayment of advances.-- + ``(A) In general.--Advances made to the Marine + Debris Response Trust Fund shall be repaid, and + interest on such advances shall be paid, to the general + fund of the Treasury when the Secretary of Commerce, in + consultation with the Secretary of the Treasury, + determines that amounts are available for such purposes + in the Trust Fund. + ``(B) Final repayment.--No advance may be made to + the Marine Debris Response Trust Fund after September + 30, 2035, and all advances to such Fund shall be repaid + on or before that date. + ``(C) Rate of interest.--Interest on advances made + pursuant to this subsection shall be-- + ``(i) at a rate determined by the Secretary + of the Treasury (as of the close of the + calendar month preceding the month in which the + advance is made) to be equal to the current + average market yield on outstanding marketable + obligations of the United States with remaining + periods to maturity comparable to the + anticipated period during which the advance + will be outstanding, and + ``(ii) compounded annually. + ``(f) Availability of Funds.--Amounts in the Marine Debris Response +Trust Fund shall-- + ``(1) be available without fiscal year limitation and + without apportionment; and + ``(2) shall supplement and not supplant other amounts + available for responding to marine debris events. + ``(g) Investment.--The Secretary of the Treasury shall invest +amounts in the Marine Debris Response Trust Fund in interest bearing +obligations of the United States to the extent such amounts are not +required to meet current withdrawals. Interest earned by such +investments shall be credited to, and become a part of, the Trust Fund. + ``(h) Administration.--The Under Secretary of Commerce for Oceans +and Atmosphere shall prescribe regulations-- + ``(1) providing for a process for submitting a claim to the + Marine Debris Response Trust Fund and for distributing amounts + from the Trust Fund pursuant to those claims; and + ``(2) providing guidance with respect to what constitutes + an event for which amounts will be distributed from the Trust + Fund. + ``(i) Liability of the United States Limited to Amount in Trust +Fund.-- + ``(1) In general.--Any claim filed against the Marine + Debris Response Trust Fund may be paid only out of the Trust + Fund. + ``(2) Order in which unpaid claims are to be paid.--If at + any time the Marine Debris Response Trust Fund has insufficient + funds to pay all of the claims out of the Trust Fund at such + time, such claims shall, to the extent permitted under + paragraph (1), be paid in full in the order in which they were + finally determined. + ``(j) Non-Federal Contributions to the Trust Fund.-- + ``(1) In general.--A gift, award, devise, or bequest, and + non-Federal amounts from legal judgments or settlements may be + accepted by the Marine Debris Response Trust Fund without + regard to whether the gift, devise, or bequest is encumbered, + restricted, or subject to beneficial interests of private + persons if any current or future interest in the gift, devise, + or bequest is for the benefit of the Trust Fund. + ``(2) Foreign gifts.--Any gifts, awards, devises, or + bequests given to or received from a person in a foreign + country by or to the Marine Debris Response Trust Fund shall be + made only with the concurrence of the Secretary of State, in + consultation, as appropriate, with the Administrator of the + United States Agency for International Development.''. + (b) Clerical Amendment.--The table of sections for subchapter A of +chapter 98 of such Code is amended by adding at the end the following: + +``Sec. 9512. Marine Debris Response Trust Fund.''. + + Subtitle B--Marine Debris Foundation + +SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION. + + (a) Establishment.--There is established the Marine Debris +Foundation (in this subtitle referred to as the ``Foundation''). The +Foundation is a charitable and nonprofit organization and is not an +agency or establishment of the United States. + (b) Purposes.--The purposes of the Foundation are-- + (1) to encourage, accept, and administer private gifts of + property for the benefit of, or in connection with, the + activities and services of the National Oceanic and Atmospheric + Administration under the Marine Debris Program established + under section 3 of the Marine Debris Act (33 U.S.C. 1952), and + other relevant programs and agencies; + (2) to undertake and conduct such other activities as will + further the efforts of the National Oceanic and Atmospheric + Administration to assess, prevent, reduce, and remove marine + debris and address the adverse impacts of marine debris on the + economy of the United States, the marine environment, and + navigation safety; + (3) to participate with, and otherwise assist, State, + local, and Tribal governments, foreign governments, entities, + and individuals in undertaking and conducting activities to + assess, prevent, reduce, and remove marine debris and address + the adverse impacts of marine debris and its root causes on the + economy of the United States, the marine environment (including + waters in the jurisdiction of the United States, the high seas, + and waters in the jurisdiction of other countries), and + navigation safety; and + (4) to support other Federal actions to reduce marine + debris. + +SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. + + (a) Establishment and Membership.-- + (1) In general.--The Foundation shall have a governing + Board of Directors (in this subtitle referred to as the + ``Board''), which shall consist of the Under Secretary and 12 + additional Directors appointed in accordance with subsection + (b) from among individuals who are United States citizens. + (2) Representation of diverse points of view.--To the + maximum extent practicable, the membership of the Board shall + represent diverse points of view relating to the assessment, + prevention, reduction, and removal of marine debris. + (3) Not federal employees.--Appointment as a Director of + the Foundation shall not constitute employment by, or the + holding of an office of, the United States for the purpose of + any Federal law. + (b) Appointment and Terms.-- + (1) Appointment.--Subject to paragraph (2), after + consulting with the EPA Administrator, the Director of the + United States Fish and Wildlife Service, the Assistant + Secretary of State for the Bureau of Oceans and International + Environmental and Scientific Affairs, and the Administrator of + the United States Agency for International Development, and + considering the recommendations submitted by the Board, the + Under Secretary shall appoint 12 Directors who meet the + criteria established by subsection (a), of whom-- + (A) at least 4 shall be educated or experienced in + the assessment, prevention, reduction, or removal of + marine debris, which may include an individual with + expertise in waste management, recycling, reuse, or a + circular economy; + (B) at least 2 shall be educated or experienced in + the assessment, prevention, reduction, or removal of + marine debris outside the United States; + (C) at least 2 shall be educated or experienced in + ocean and coastal resource conservation science or + policy; and + (D) at least 2 shall be educated or experienced in + international trade or foreign policy. + (2) Terms.-- + (A) In general.--Subject to subparagraph (B), each + Director (other than the Under Secretary) shall be + appointed for a term of 6 years. + (B) Initial appointments to new member positions.-- + Of the Directors appointed by the Under Secretary under + paragraph (1), the Secretary shall appoint, not later + than 180 days after the date of the enactment of this + Act-- + (i) four Directors for a term of 6 years; + (ii) four Directors for a term of 4 years; + and + (iii) four Directors for a term of 2 years. + (3) Vacancies.-- + (A) In general.--The Under Secretary shall fill a + vacancy on the Board. + (B) Term of appointments to fill unexpired terms.-- + An individual appointed to fill a vacancy that occurs + before the expiration of the term of a Director shall + be appointed for the remainder of the term. + (4) Reappointment.--An individual (other than an individual + described in paragraph (1)) shall not serve more than 2 + consecutive terms as a Director, excluding any term of less + than 6 years. + (5) Request for removal.--The executive committee of the + Board may submit to the Under Secretary a letter describing the + nonperformance of a Director and requesting the removal of the + Director from the Board. + (6) Consultation before removal.--Before removing any + Director from the Board, the Under Secretary shall consult with + the Assistant Secretary of State for the Bureau of Oceans and + International Environmental and Scientific Affairs, the + Director of the United States Fish and Wildlife Service, and + the EPA Administrator. + (c) Chairman.--The Chairman shall be elected by the Board from its +members for a 2-year term. + (d) Quorum.--A majority of the current membership of the Board +shall constitute a quorum for the transaction of business. + (e) Meetings.--The Board shall meet at the call of the Chairman at +least once a year. If a Director misses 3 consecutive regularly +scheduled meetings, that individual may be removed from the Board and +that vacancy filled in accordance with subsection (b). + (f) Reimbursement of Expenses.--Members of the Board shall serve +without pay, but may be reimbursed for the actual and necessary +traveling and subsistence expenses incurred by them in the performance +of the duties of the Foundation. + (g) General Powers.-- + (1) In general.--The Board may complete the organization of + the Foundation by-- + (A) appointing officers and employees; + (B) adopting a constitution and bylaws consistent + with the purposes of the Foundation and the provisions + of this subtitle; and + (C) undertaking of other such acts as may be + necessary to carry out the provisions of this subtitle. + (2) Limitations on appointment.--The following limitations + apply with respect to the appointment of officers and employees + of the Foundation: + (A) Officers and employees may not be appointed + until the Foundation has sufficient funds to pay them + for their service. Officers and employees of the + Foundation shall be appointed without regard to the + provisions of title 5, United States Code, governing + appointments in the competitive service, and may be + paid without regard to the provisions of chapter 51 and + subchapter III of chapter 53 of such title relating to + classification and General Schedule pay rates. + (B) The first officer or employee appointed by the + Board shall be the Secretary of the Board who-- + (i) shall serve, at the direction of the + Board, as its chief operating officer; and + (ii) shall be knowledgeable and experienced + in matters relating to the assessment, + prevention, reduction, and removal of marine + debris. + +SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. + + (a) In General.--The Foundation-- + (1) shall have perpetual succession; + (2) may conduct business throughout the several States, + territories, and possessions of the United States and abroad; + (3) shall have its principal offices in the District of + Columbia or in a county in the State of Maryland or Virginia + that borders on the District of Columbia; and + (4) shall at all times maintain a designated agent + authorized to accept service of process for the Foundation. + (b) Service of Process.--The serving of notice to, or service of +process upon, the agent required under subsection (a)(4), or mailed to +the business address of such agent, shall be deemed as service upon or +notice to the Foundation. + (c) Seal.--The Foundation shall have an official seal selected by +the Board which shall be judicially noticed. + (d) Powers.-- + (1) In general.--To carry out its purposes under section + 111, the Foundation shall have, in addition to the powers + otherwise given it under this subtitle, the usual powers of a + corporation acting as a trustee in the District of Columbia, + including the power-- + (A) to accept, receive, solicit, hold, administer, + and use any gift, devise, or bequest, either absolutely + or in trust, of real or personal property or any income + therefrom or other interest therein; + (B) to acquire by purchase or exchange any real or + personal property or interest therein; + (C) to invest any funds provided to the Foundation + by the Federal Government in obligations of the United + States or in obligations or securities that are + guaranteed or insured by the United States; + (D) to deposit any funds provided to the Foundation + by the Federal Government into accounts that are + insured by an agency or instrumentality of the United + States; + (E) to make use of any interest or investment + income that accrues as a consequence of actions taken + under subparagraph (C) or (D) to carry out the purposes + of the Foundation; + (F) to use Federal funds to make payments under + cooperative agreements to provide substantial long-term + benefits for the assessment, prevention, reduction, and + removal of marine debris; + (G) unless otherwise required by the instrument of + transfer, to sell, donate, lease, invest, reinvest, + retain or otherwise dispose of any property or income + therefrom; + (H) to borrow money and issue bonds, debentures, or + other debt instruments; + (I) to sue and be sued, and complain and defend + itself in any court of competent jurisdiction, except + that the Directors of the Foundation shall not be + personally liable, except for gross negligence; + (J) to enter into contracts or other arrangements + with, or provide financial assistance to, public + agencies and private organizations and persons and to + make such payments as may be necessary to carry out its + functions; and + (K) to do any and all acts necessary and proper to + carry out the purposes of the Foundation. + (2) Non-federal contributions to the fund.--A gift, devise, + or bequest may be accepted by the Foundation without regard to + whether the gift, devise, or bequest is encumbered, restricted, + or subject to beneficial interests of private persons if any + current or future interest in the gift, devise, or bequest is + for the benefit of the Foundation. + (e) Notice to Members of Congress.--The Foundation may not make a +grant of Federal funds in an amount greater than $100,000 unless, by +not later than 15 days before the grant is made, the Foundation +provides notice of the grant to the Member of Congress for the +congressional district in which the project to be funded with the grant +will be carried out. + (f) Coordination of International Efforts.--Any efforts of the +Foundation carried out in a foreign country, and any grants provided to +an individual or entity in a foreign country, shall be made only with +the concurrence of the Secretary of State, in consultation, as +appropriate, with the Administrator of the United States Agency for +International Development. + (g) Consultation With NOAA.--The Foundation shall consult with the +Under Secretary during the planning of any restoration or remediation +action using funds resulting from judgments or settlements relating to +the damage to trust resources of the National Oceanic and Atmospheric +Administration. + +SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT. + + (a) Provision of Services.--The Under Secretary may provide +personnel, facilities, and other administrative services to the +Foundation, including reimbursement of expenses, not to exceed the +current Federal Government per diem rates, for a period of up to 5 +years beginning on the date of the enactment of this Act. + (b) Reimbursement.--The Foundation may reimburse the Under +Secretary for any administrative service provided under subsection (a). +The Under Secretary shall deposit any reimbursement received under this +subsection into the Treasury to the credit of the appropriations then +current and chargeable for the cost of providing such services. + +SEC. 115. VOLUNTEER STATUS. + + The Secretary of Commerce may accept, without regard to the civil +service classification laws, rules, or regulations, the services of the +Foundation, the Board, and the officers and employees of the Board, +without compensation from the Department of Commerce, as volunteers in +the performance of the functions authorized in this subtitle. + +SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR + EQUITABLE RELIEF. + + (a) Report.--The Foundation shall, as soon as practicable after the +end of each fiscal year, transmit to the Committee on Commerce, +Science, and Transportation of the Senate and the Committee on Natural +Resources and the Committee on Energy and Commerce of the House of +Representatives a report-- + (1) describing the proceedings and activities of the + Foundation during that fiscal year, including a full and + complete statement of its receipts, expenditures, and + investments; and + (2) including a detailed statement of the recipient, + amount, and purpose of each grant made by the Foundation in the + fiscal year. + (b) Relief With Respect to Certain Foundation Acts or Failure To +Act.--If the Foundation-- + (1) engages in, or threatens to engage in, any act, + practice, or policy that is inconsistent with its purposes set + forth in section 111(b); or + (2) refuses, fails, or neglects to discharge its + obligations under this subtitle, or threatens to do so, +the Attorney General may petition in the United States District Court +for the District of Columbia for such equitable relief as may be +necessary or appropriate. + +SEC. 117. UNITED STATES RELEASE FROM LIABILITY. + + The United States shall not be liable for any debts, defaults, +acts, or omissions of the Foundation nor shall the full faith and +credit of the United States extend to any obligation of the Foundation. + +SEC. 118. AUTHORIZATION OF APPROPRIATIONS. + + (a) Authorization of Appropriations.-- + (1) In general.--There are authorized to be appropriated to + the Secretary of Commerce such sums as may be necessary to + carry out this subtitle for each of fiscal years 2020 through + 2025. + (2) Use of appropriated funds.--Subject to paragraph (3), + amounts made available under paragraph (1) shall be provided to + the Foundation to match contributions (whether in currency, + services, or property) made to the Foundation, or to a + recipient of a grant provided by the Foundation, by private + persons and State and local government agencies. + (3) Prohibition on use for administrative expenses.-- + (A) In general.--Except as provided in subparagraph + (B), no Federal funds made available under paragraph + (1) may be used by the Foundation for administrative + expenses of the Foundation, including for salaries, + travel and transportation expenses, and other overhead + expenses. + (B) Exception.--The Secretary may allow the use of + Federal funds made available under paragraph (1) to pay + for salaries during the 18-month period beginning on + the date of the enactment of this Act. + (b) Additional Authorization.-- + (1) In general.--In addition to the amounts authorized to + be appropriated under subsection (a), the Foundation may accept + Federal funds from a Federal agency under any other Federal law + for use by the Foundation to further the assessment, + prevention, reduction, and removal of marine debris in + accordance with the requirements of this subtitle. + (2) Use of funds accepted from federal agencies.--Federal + funds provided to the Foundation under paragraph (1) shall be + used by the Foundation for matching, in whole or in part, + contributions (whether in currency, services, or property) made + to the Foundation by private persons and State and local + government agencies. + (c) Prohibition on Use of Grant Amounts for Litigation and Lobbying +Expenses.--Amounts provided as a grant by the Foundation shall not be +used for-- + (1) any expense related to litigation consistent with + Federal-wide cost principles; or + (2) any activity the purpose of which is to influence + legislation pending before Congress consistent with Federal- + wide cost principles. + + Subtitle C--Genius Prize for Save Our Seas Innovations + +SEC. 121. DEFINITIONS. + + In this subtitle: + (1) Prize competition.--The term ``prize competition'' + means the competition for the award of the Genius Prize for + Save Our Seas Innovations established under section 122. + (2) Secretary.--The term ``Secretary'' means the Secretary + of Commerce. + +SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS. + + (a) In General.--Not later than 1 year after the date of the +enactment of this Act, the Secretary shall establish under section 24 +of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. +3719) a prize competition-- + (1) to encourage technological innovation with the + potential to reduce plastic waste and thereby prevent marine + debris; and + (2) to award 1 or more prizes biennially for projects that + advance human understanding and innovation in removing and + preventing plastic waste, including-- + (A) advancements in materials used in packaging and + other products that, if such products enter the coastal + or ocean environment, will fully degrade without + harming the environment, wildlife, or human health; + (B) innovations in production and packaging design + that reduce the use of raw materials, increase recycled + content, encourage reusability and recyclability, and + promote a circular economy; + (C) improvements in marine debris detection, + monitoring, and cleanup technologies and processes; + (D) technological improvements or improved + strategies to increase solid waste collection, + processing, sorting, recycling, reuse, or repurposing; + and + (E) new designs or strategies to reduce overall + packaging needs. + (b) Designation.--The prize competition established under +subsection (a) shall be known as the ``Genius Prize for Save Our Seas +Innovations''. + (c) Prioritization.--In selecting awards for the prize competition, +priority shall be given to projects that-- + (1) have a strategy, submitted with the application or + proposal, to move the new technology, process, design, + material, or other product supported by the prize to market- + scale deployment; + (2) support the concept of a circular economy; and + (3) promote development of materials that-- + (A) can fully degrade in the ocean without harming + the environment, wildlife, or human health; and + (B) are to be used in fishing gear or other + maritime products that have an increased likelihood of + entering the coastal or ocean environment as + unintentional waste. + +SEC. 123. SAVE OUR SEAS INNOVATION STEERING COMMITTEE. + + (a) Establishment.--The Secretary shall establish a steering +committee, to be known as the ``Save Our Seas Innovation Steering +Committee'' (in this subtitle referred as the ``Committee'') to provide +expert advice and recommendations in the establishment of the prize +competition, selection of awardees, and analysis of the successes of +the prize competition. + (b) Duties.--Subject to subsection (d), with respect to the prize +competition, the Committee shall-- + (1) select a topic; + (2) issue a problem statement; and + (3) advise the Secretary on any opportunity for market- + scale development of technological innovation to prevent marine + plastic debris and promote the development of materials that + fully degrade in ocean and coastal environments without harming + the environment, wildlife, or human health. + (c) Competition Judges.--A member of the Committee may serve as a +judge for the prize competition under section 125. + (d) Administrative Cost Reduction.--The Committee shall, to the +maximum extent practicable, minimize the administrative costs of the +Committee, including by encouraging remote participation to reduce +travel costs. + (e) Consultation.--In selecting a topic and issuing a problem +statement for the prize competition under subparagraphs (A) and (B) of +subsection (b)(1), respectively, the Committee shall consult widely +with Federal and non-Federal stakeholders, including-- + (1) 1 or more Federal agencies with jurisdiction over the + prevention of marine debris or the promotion of innovative + materials; + (2) 1 or more State agencies with jurisdiction over the + prevention of marine debris or the promotion of innovative + materials; + (3) 1 or more State, regional, or local conservation or + waste management organizations, the mission of which relates to + the prevention of marine debris or the promotion of innovative + materials; + (4) 1 or more conservation groups, technology companies, + research institutions, institutions of higher education, + industry associations, or individual stakeholders with an + interest in the prevention of marine debris or the promotion of + innovative materials; + (5) 1 or more experts in the area of standards development + regarding the degradation, breakdown, or recycling of polymers; + and + (6) experts in the following areas: + (A) Polymer chemistry. + (B) Wildlife conservation and management. + (C) Marine biology or animal science. + (D) Waste management. + (E) Technology development. + (F) Engineering. + (G) Lifecycle assessment. + (H) Economics. + (I) Recycling. + (J) Business development and management. + (K) Marine environmental chemistry. + (L) Any other discipline that the Secretary + determines to be necessary to achieve the purposes of + this subtitle. + (f) Nonapplicability of the Federal Advisory Committee Act.-- + (1) In general.--The Federal Advisory Committee Act (5 + U.S.C. App.) shall not apply with respect to the Committee. + (2) Applicability of financial disclosure requirements.-- + Notwithstanding paragraph (1), section 208(b)(3) of title 18, + United States Code, shall apply with respect to Government + employees serving on the Committee. + +SEC. 124. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION. + + (a) In General.--The Secretary shall offer to enter into an +agreement, which may include a grant or cooperative agreement, under +which the Marine Debris Foundation established under subtitle B shall +administer the prize competition. + (b) Requirements.--An agreement entered into under subsection (a) +shall comply with the following requirements: + (1) Duties.--The Marine Debris Foundation shall-- + (A) advertise the prize competition; + (B) solicit prize competition participants; + (C) administer funds relating to the prize + competition; + (D) receive Federal and non-Federal funds-- + (i) to administer the prize competition; + and + (ii) to award a cash prize; + (E) carry out activities to generate contributions + of non-Federal funds to offset, in whole or in part-- + (i) the administrative costs of the prize + competition; and + (ii) the costs of a cash prize; + (F) in consultation with, and subject to final + approval by, the Secretary, develop criteria for the + selection of prize competition winners; + (G) provide advice and consultation to the + Secretary on the selection of judges under section 125 + based on criteria developed in consultation with, and + subject to the final approval of, the Secretary; + (H) announce 1 or more annual winners of the prize + competition; + (I) subject to paragraph (2), award 1 or more cash + prizes biennially of not less than $100,000; and + (J) protect against unauthorized use or disclosure + by the Marine Debris Foundation of any trade secret or + confidential business information of a prize + competition participant. + (2) Additional cash prizes.--The Marine Debris Foundation + may award more than 1 cash prize in a year-- + (A) if the initial cash prize referred to in + paragraph (1)(I) and any additional cash prizes are + awarded using only non-Federal funds; and + (B) consisting of an amount determined by the Under + Secretary after the Secretary is notified by the Marine + Debris Foundation that non-Federal funds are available + for an additional cash prize. + (3) Solicitation of funds.--The Marine Debris Foundation-- + (A) may request and accept Federal funds and non- + Federal funds for a cash prize or administration of the + prize competition; + (B) may accept a contribution for a cash prize in + exchange for the right to name the prize; and + (C) shall not give special consideration to any + Federal agency or non-Federal entity in exchange for a + donation for a cash prize awarded under this section. + +SEC. 125. JUDGES. + + (a) Appointment.--The Secretary shall appoint not fewer than 3 +judges who shall, except as provided in subsection (b), select the 1 or +more annual winners of the prize competition. + (b) Determination by the Secretary.--The judges appointed under +subsection (a) shall not select any annual winner of the prize +competition if the Secretary makes a determination that, in any fiscal +year, none of the technological advancements entered into the prize +competition merits an award. + +SEC. 126. REPORT TO CONGRESS. + + Not later than 60 days after the date on which a cash prize is +awarded under this subtitle, the Secretary shall submit to the +Committee on Commerce, Science, and Transportation of the Senate and +the Committee on Natural Resources of the House of Representatives a +report on the prize competition that includes-- + (1) a statement by the Committee that describes the + activities carried out by the Committee relating to the duties + described in section 123; + (2) if the Secretary has entered into an agreement under + section 124, a statement by the Marine Debris Foundation that + describes the activities carried out by the Marine Debris + Foundation relating to the duties described in section 123; and + (3) a statement by 1 or more of the judges appointed under + section 125 that explains the basis on which the winner of the + cash prize was selected. + +SEC. 127. AUTHORIZATION OF APPROPRIATIONS. + + (a) Authorization.--There are authorized to be appropriated such +sums as may be necessary for expenses, including administrative +expenses, relating to the prize competition. + (b) Reimbursement of Expenses.--Members of the Committee and judges +appointed under section 125 shall serve without pay, but may be +reimbursed for the actual and necessary traveling and subsistence +expenses. + +SEC. 128. TERMINATION OF AUTHORITY. + + The prize program will terminate after 5 prize competition cycles +have been completed. + + Subtitle D--Other Measures Relating to Combating Marine Debris + +SEC. 131. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND + ENTREPRENEURSHIP PROGRAMS. + + The Secretary of Commerce, the Secretary of Energy, the EPA +Administrator, and the heads of other relevant Federal agencies, shall +prioritize efforts to combat marine debris in innovation and +entrepreneurship programs established before the date of the enactment +of this Act, including by using such programs to increase innovation in +and the effectiveness of waste management, monitoring, detection, data- +sharing related to the prevalence and location of marine debris, demand +for recycled content, alternative uses for plastic waste, product +design, reduction of disposable plastic consumer products and +packaging, ocean biodegradable materials development, waste prevention, +and cleanup. + +SEC. 132. EXPANSION OF DERELICT VESSEL RECYCLING. + + Not later than 1 year after the date of the enactment of this Act, +the Under Secretary and the EPA Administrator shall jointly conduct a +study to determine the feasibility of developing a nationwide derelict +vessel recycling program-- + (1) using as a model the fiberglass boat recycling program + from the pilot project in Rhode Island led by Rhode Island Sea + Grant and its partners; and + (2) including, if possible, recycling of vessels made from + materials other than fiberglass. + +SEC. 133. INCENTIVE FOR FISHERMEN TO COLLECT AND DISPOSE OF PLASTIC + FOUND AT SEA. + + (a) In General.--The Under Secretary shall establish a pilot +program to assess the feasibility and advisability of providing +incentives, such as grants, to fishermen based in the United States who +incidentally capture marine debris while at sea-- + (1) to track or keep the debris on board; and + (2) to dispose of the debris properly on land. + (b) Support for Collection and Removal of Derelict Gear.--The Under +Secretary shall encourage United States efforts, such as the Fishing +for Energy net disposal program, that support-- + (1) collection and removal of derelict fishing gear and + other fishing waste; + (2) disposal or recycling of such gear and waste; and + (3) prevention of the loss of such gear. + +SEC. 134. AMENDMENTS TO MARINE DEBRIS PROGRAM. + + (a) Authorization of Appropriations.--Section 9(a) of the Marine +Debris Act (33 U.S.C. 1958(a)) is amended by-- + (1) striking ``$10,000,000'' and inserting ``$15,000,000''; + and + (2) striking ``5 percent'' and inserting ``7 percent''. + (b) Enhancement of Purpose.--Section 2 of the Marine Debris Act (33 +U.S.C. 1951) is amended by striking ``marine environment,'' and +inserting ``marine environment (including waters in the jurisdiction of +the United States, the high seas, and waters in the jurisdiction of +other countries),''. + (c) Technical Corrections.--Section 3(d)(2) of the Marine Debris +Act (33 U.S.C. 1952(d)(2)) is amended-- + (1) in subparagraph (B), by striking ``the matching + requirement under subparagraph (A)'' and inserting ``a matching + requirement under subparagraph (A) or (C)''; and + (2) in subparagraph (C), in the matter preceding clause + (i), by striking ``Notwithstanding subparagraph (A)'' and + inserting ``Notwithstanding subparagraph (A) and except as + provided in subparagraph (B)''. + +SEC. 135. MARINE DEBRIS ON NATIONAL FOREST SYSTEM LAND. + + (a) Special-Use Authorization.--The Secretary of Agriculture +(referred to in this section as the ``Secretary'') shall not require a +volunteer organization to obtain a special-use authorization for the +removal of any marine debris being stored on National Forest System +land. + (b) Temporary Storage.--Marine debris may be stored on National +Forest System land in a location determined by the Secretary for not +more than 60 days. + (c) Requirements.--Except as otherwise provided in this section, +any activities related to the removal of marine debris from National +Forest System land shall be conducted in a manner consistent with +applicable law and regulations and subject to such reasonable terms and +conditions as the Secretary may require. + + Subtitle E--Studies and Reports + +SEC. 141. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC WASTE. + + Not later than 2 years after the date of the enactment of this Act, +the Marine Debris Coordinating Committee established under section 5 of +the Marine Debris Act (33 U.S.C. 1954) (in this subtitle referred to as +the ``Interagency Marine Debris Coordinating Committee'') shall submit +to Congress a report on innovative uses for plastic waste other than in +infrastructure. + +SEC. 142. REPORT ON MICROFIBER POLLUTION. + + Not later than 2 years after the date of the enactment of this Act, +the Interagency Marine Debris Coordinating Committee shall submit to +Congress a report on microfiber pollution that includes-- + (1) a definition for ``microfiber''; + (2) an assessment of the sources, prevalence, and causes of + microfiber pollution; + (3) a recommendation for a standardized methodology to + measure and estimate the prevalence of microfiber pollution; + (4) recommendations for reducing microfiber pollution; and + (5) a plan for how Federal agencies, in partnership with + other stakeholders, can lead on opportunities to reduce + microfiber pollution during the 5-year period beginning on such + date of enactment. + +SEC. 143. STUDY ON UNITED STATES PLASTIC POLLUTION DATA. + + (a) In General.--The Under Secretary, in consultation with the EPA +Administrator, shall seek to enter into an arrangement with the +National Academies of Sciences, Engineering, and Medicine under which +the National Academies will undertake a multifaceted study that +includes the following: + (1) An evaluation of United States contributions to global + ocean plastic waste, including types, sources, and geographic + variations. + (2) An assessment of the prevalence of marine debris and + mismanaged plastic waste in saltwater and freshwater United + States waterways. + (b) Report.--Not later than 18 months after the date of the +enactment of this Act, the Under Secretary shall submit to Congress a +report on the study conducted under subsection (a) that includes-- + (1) the findings of the National Academies; + (2) recommendations on knowledge gaps that warrant further + scientific inquiry; and + (3) recommendations on the potential value of a national + marine debris tracking and monitoring system and how such a + system might be designed and implemented. + +SEC. 144. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE. + + Not later than 2 years after the date of the enactment of this Act, +the Interagency Marine Debris Coordinating Committee shall submit to +Congress a report on minimizing the creation of new plastic waste. + +SEC. 145. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR + POLYMERS. + + (a) In General.--The National Institute of Standards and Technology +shall conduct a study of available mass balance methodologies that are +or could be readily standardized to certify circular polymers. + (b) Report.--Not later than 1 year after the date of enactment of +this Act, the Institute shall submit to Congress a report on the study +conducted under subsection (a) that includes-- + (1) an identification and assessment of existing mass + balance methodologies, standards, and certification systems + that are or may be applicable to supply chain sustainability of + polymers, considering the full life cycle of the polymer, and + including an examination of-- + (A) the International Sustainability and Carbon + Certification; and + (B) the Roundtable on Sustainable Biomaterials; and + (2) an assessment of any legal or regulatory barriers to + developing a standard and certification system for circular + polymers. + (c) Definitions.--In this section: + (1) Circular polymers.--The term ``circular polymers'' + means polymers that can be reused multiple times or converted + into a new, higher-quality product. + (2) Mass balance methodology.--The term ``mass balance + methodology'' means the method of chain of custody accounting + designed to track the exact total amount of certain content in + products or materials through the production system and to + ensure an appropriate allocation of this content in the + finished goods based on auditable bookkeeping. + + TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS + +SEC. 201. STATEMENT OF POLICY ON INTERNATIONAL COOPERATION TO COMBAT + MARINE DEBRIS. + + It is the policy of the United States to partner, consult, and +coordinate with foreign governments (at the national and subnational +levels), civil society, international organizations, international +financial institutions, subnational coastal communities, commercial and +recreational fishing industry leaders, and the private sector, in a +concerted effort-- + (1) to increase knowledge and raise awareness about-- + (A) the linkages between the sources of plastic + waste, mismanaged waste, and marine debris; and + (B) the upstream and downstream causes and effects + of plastic waste, mismanaged waste, and marine debris + on marine environments, marine wildlife, human health, + and economic development; + (2) to support-- + (A) strengthening systems for recovering, managing, + reusing (to the extent practicable), and recycling + plastic waste, marine debris, and microfiber pollution + in the world's oceans, emphasizing upstream waste + management solutions-- + (i) to mitigate plastic waste at its + source; and + (ii) to prevent leakage of plastic waste + into the environment; + (B) advancing the utilization and availability of + safe and affordable reusable alternatives to disposable + plastic products in commerce, to the extent + practicable, and with consideration for the potential + impacts of such alternatives, and other efforts to + prevent marine debris; + (C) deployment of and access to advanced + technologies to capture value from municipal solid + waste streams through mechanical and other recycling + systems; + (D) access to information on best practices in + waste management, options for waste system financing, + and options for participating in public-private + partnerships; and + (E) implementation of management measures to reduce + derelict fishing gear, the loss of fishing gear, and + other sources of pollution generated from marine + activities and to increase proper disposal and + recycling of fishing gear; and + (3) to work cooperatively with international partners-- + (A) on establishing-- + (i) measurable targets for reducing marine + debris, lost fishing gear, and plastic waste + from all sources; and + (ii) action plans to achieve those targets + with a mechanism to provide regular reporting; + (B) to promote consumer education, awareness, and + outreach to prevent marine debris; + (C) to reduce marine debris by improving advance + planning for marine debris events and responses to such + events; and + (D) to share best practices in waste management + systems to prevent the entry of plastic waste into the + environment. + +SEC. 202. PRIORITIZATION OF EFFORTS AND ASSISTANCE TO COMBAT MARINE + DEBRIS AND IMPROVE PLASTIC WASTE MANAGEMENT. + + (a) In General.--The Secretary of State shall, in coordination with +the Administrator of the United States Agency for International +Development, as appropriate, and the officials specified in subsection +(b)-- + (1) lead and coordinate efforts to implement the policy + described in section 201; and + (2) develop strategies and implement programs that + prioritize engagement and cooperation with foreign governments, + subnational and local stakeholders, and the private sector to + expedite efforts and assistance in foreign countries-- + (A) to partner with, encourage, advise and + facilitate national and subnational governments on the + development and execution, where practicable, of + national projects, programs and initiatives to-- + (i) improve the capacity, security, and + standards of operations of waste management + systems; + (ii) monitor and track how well waste + management systems are functioning nationwide, + based on uniform and transparent standards + developed in cooperation with municipal, + industrial, and civil society stakeholders; + (iii) identify waste management systems' + operational challenges and develop policy and + programmatic solutions; + (iv) end intentional or unintentional + incentives for municipalities, industries, and + individuals to improperly dispose of plastic + waste; and + (v) conduct outreach campaigns to raise + public awareness of the importance of proper + waste disposal; + (B) to facilitate the involvement of municipalities + and industries in improving solid waste reduction, + collection, disposal, and reuse and recycling projects, + programs, and initiatives; + (C) to partner with and provide technical + assistance to investors, and national and local + institutions, including private sector actors, to + develop new business opportunities and solutions to + specifically reduce plastic waste and expand solid + waste management best practices and waste collection + services in foreign countries by-- + (i) maximizing the number of people and + businesses, in both rural and urban + communities, receiving reliable solid waste + management services and using safe and + responsible practices for properly disposing, + including recycling or reusing waste materials; + (ii) improving and expanding the capacity + of foreign industries to responsibly manage + waste; + (iii) improving and expanding the capacity + and transparency of tracking mechanisms for + marine debris to reduce the impacts on the + marine environment; + (iv) eliminating incentives that undermine + responsible waste management practices and lead + to improper waste disposal practices and + leakage; + (v) building the capacity of countries-- + (I) to monitor, regulate, and + manage waste, plastic waste, and + pollution appropriately and + transparently; + (II) to encourage private + investment in waste management, + including collection services and + responsible and beneficial reuse of + plastic waste products; and + (III) to encourage private + investment, grow opportunities, and + develop markets for recyclable, + reusable, and repurposed plastic waste + materials, and products with high + levels of recycled plastic content, at + both national and local levels; and + (vi) promoting safe and affordable reusable + alternatives to disposable plastic products, to + the extent practicable; and + (D) to research, identify, and facilitate + opportunities to promote collection and proper disposal + of damaged or derelict fishing gear. + (b) Officials Specified.--The officials specified in this +subsection are the following: + (1) The United States Trade Representative. + (2) The Under Secretary. + (3) The EPA Administrator. + (4) The Director of the Trade and Development Agency. + (5) The President and the Board of Directors of the + Overseas Private Investment Corporation or the Chief Executive + Officer and the Board of Directors of the United States + International Development Finance Corporation, as appropriate. + (6) The Chief Executive Officer and the Board of Directors + of the Millennium Challenge Corporation. + (7) The heads of such other agencies as the Secretary of + State considers appropriate. + (c) Prioritization.--In carrying out subsection (a), the officials +specified in subsection (b) shall prioritize assistance to countries +with-- + (1) rapidly developing economies; and + (2) rivers and coastal areas that are the most severe + sources of marine debris. + (d) Effectiveness Measurement.--In prioritizing and expediting +efforts and assistance under this section, the officials specified in +subsection (b) shall use clear, accountable, and metric-based targets +to measure the effectiveness of guarantees and assistance in achieving +the policy described in section 201. + (e) Rule of Construction.--Nothing in this section may be construed +to authorize the modification of or the imposition of limits on the +portfolios of any agency or institution led by an official specified in +subsection (b). + +SEC. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA. + + In implementing the policy described in section 201, the President +shall direct the United States representatives to appropriate +international bodies and conferences (such as the United Nations +Environment Programme, the Association of Southeast Asian Nations, the +Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, and +the Our Ocean Conference) to use the voice, vote, and influence of the +United States, consistent with the broad foreign policy goals of the +United States, to advocate that each such body-- + (1) commit to significantly increasing efforts to promote + investment in well-designed waste management and plastic waste + elimination and mitigation projects and services that increase + access to safe waste management and mitigation services, in + partnership with the private sector and consistent with the + constraints of other countries; + (2) address the waste management needs of individuals and + communities where access to municipal waste management services + is historically impractical or cost-prohibitive; + (3) enhance coordination with the private sector-- + (A) to increase access to solid waste management + services; + (B) to utilize safe and affordable reusable + alternatives to disposable plastic products, to the + extent practicable; + (C) to encourage and incentivize the use of + recycled content; and + (D) to grow economic opportunities and develop + markets for recyclable, reusable, and repurposed + plastic waste materials and other efforts that support + the circular economy; + (4) provide technical assistance to foreign regulatory + authorities and governments to remove unnecessary barriers to + investment in otherwise commercially-viable projects related + to-- + (A) waste management including recycling; + (B) the use of safe and affordable reusable + alternatives to disposable plastic products, to the + extent practicable; or + (C) beneficial reuse of solid waste, plastic waste, + plastic products, and refuse; + (5) use clear, accountable, and metric-based targets to + measure the effectiveness of such projects; and + (6) engage international partners in an existing + multilateral forum (or, if necessary, establish through an + international agreement a new multilateral forum) to improve + global cooperation on-- + (A) creating tangible metrics for evaluating + efforts to reduce plastic waste and marine debris; + (B) developing and implementing best practices for + collecting, disposing, recycling, and reusing plastic + waste, including building capacity for improving waste + management at the national and subnational levels of + foreign countries, particularly countries with little + to no solid waste management systems, facilities, or + policies in place; + (C) encouraging the development of standards and + practices, and increasing recycled content percentage + requirements for disposable plastic products; + (D) integrating tracking and monitoring systems + into waste management systems; + (E) fostering research to improve scientific + understanding of-- + (i) how microfibers and microplastics may + affect marine ecosystems, human health and + safety, and maritime activities; + (ii) changes in the amount and regional + concentrations of plastic waste in the ocean, + based on scientific modeling and forecasting; + (iii) the role rivers, streams, and other + inland waterways play in serving as conduits + for mismanaged waste traveling from land to the + ocean; + (iv) effective means to eliminate present + and future leakages of plastic waste into the + environment; and + (v) other related areas of research the + United States representatives deem necessary; + (F) encouraging the World Bank and other + international finance organizations to prioritize + efforts to combat marine debris; + (G) collaborating on technological advances in + waste management and recycled plastics; + (H) growing economic opportunities and developing + markets for recyclable, reusable, and repurposed + plastic waste materials and other efforts that support + the circular economy; and + (I) advising foreign countries, at both the + national and subnational levels, on the development and + execution of regulatory policies, services, including + recycling and reuse of plastic, and laws pertaining to + reducing the creation and the collection and safe + management of-- + (i) solid waste; + (ii) plastic waste; and + (iii) marine debris. + +SEC. 204. ENHANCING INTERNATIONAL OUTREACH AND PARTNERSHIP OF UNITED + STATES AGENCIES INVOLVED IN MARINE DEBRIS ACTIVITIES. + + (a) Findings.--Congress recognizes the success of the marine debris +program of the National Oceanic and Atmospheric Administration and the +Trash-Free Waters program of the Environmental Protection Agency. + (b) Authorization of Efforts To Build Foreign Partnerships.--The +Under Secretary and the EPA Administrator shall work with the Secretary +of State and the Administrator of the United States Agency for +International Development to build partnerships, as appropriate, with +the governments of foreign countries and to support international +efforts to combat marine debris. + +SEC. 205. NEGOTIATION OF NEW INTERNATIONAL AGREEMENTS. + + Not later than 1 year after the date of the enactment of this Act, +the Secretary of State shall submit to Congress a report-- + (1) assessing the potential for negotiating new + international agreements or creating a new international forum + to reduce land-based sources of marine debris and derelict + fishing gear, consistent with section 203; + (2) describing the provisions that could be included in + such agreements; and + (3) assessing potential parties to such agreements. + +SEC. 206. CONSIDERATION OF MARINE DEBRIS IN NEGOTIATING INTERNATIONAL + AGREEMENTS. + + In negotiating any relevant international agreement with any +country or countries after the date of the enactment of this Act, the +President shall, as appropriate-- + (1) consider the impact of land-based sources of plastic + waste and other solid waste from that country on the marine and + aquatic environment; and + (2) ensure that the agreement strengthens efforts to + eliminate land-based sources of plastic waste and other solid + waste from that country that impact the marine and aquatic + environment. + + TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS + +SEC. 301. DEFINITIONS. + + In this title: + (1) Intended use plan.--The term ``intended use plan'' + means a plan developed by a State under section 303(c)(1). + (2) State.--The term ``State'' means-- + (A) a State; + (B) an Indian Tribe; + (C) the District of Columbia; and + (D) a territory or possession of the United States. + (3) State loan fund.--The term ``State loan fund'' means a + waste management revolving loan fund established by a State + under section 303(a)(2)(B). + (4) Indian tribe.--The term ``Indian Tribe'' has the + meaning given the term ``Indian tribe'' in section 4 of the + Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304). + +SEC. 302. STRATEGY FOR IMPROVING WASTE MANAGEMENT, RECYCLING, AND WATER + MANAGEMENT. + + (a) In General.--Not later than 1 year after the date of enactment +of this Act, the EPA Administrator shall, in consultation with +stakeholders, develop a strategy to improve waste management and +recycling infrastructure, particularly for waste management and +recycling infrastructure systems not meeting national standards under +subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) and +other waste standards, for the purpose of reducing potential leakage of +plastic waste and other solid waste into waterways and oceans. + (b) Release.--On development of the strategy under subsection (a), +the EPA Administrator shall-- + (1) distribute the strategy to States and units of local + government; and + (2) make the strategy publicly available for use by-- + (A) for-profit private waste management and + recycling entities; and + (B) other nongovernmental entities. + (c) Sense of Congress.--It is the sense of Congress that the +strategy under subsection (a) should include guidance, for the purpose +of reducing potential leakage of plastic waste and other solid waste +into waterways and oceans, relating to-- + (1) the harmonization of waste collection protocols; + (2) the harmonization of recycling protocols for municipal + recycling programs, including-- + (A) best practices for the collection of + residential recyclables; + (B) improved quality and sorting of recyclable + materials through opportunities such as-- + (i) education and awareness programs; + (ii) improved infrastructure, including new + equipment and innovative technologies for + processing of recyclable materials; + (iii) enhanced markets for recycled + material; and + (iv) standardized measurements; and + (C) increasing capacity for more types of plastic + (including plastic films) and other materials to be + collected, processed, and recycled or repurposed into + usable materials or products; + (3) the development of new strategies and programs that + prioritize engagement and cooperation with States and the + private sector to expedite efforts and assistance in States to + partner with, encourage, advise, and facilitate the development + and execution, where practicable, of projects, programs, and + initiatives-- + (A) to improve the capacity, security, and + standards of operations of waste management systems; + (B) to monitor and track how well waste management + systems are functioning, based on uniform and + transparent standards developed in cooperation with + municipal, industrial, Federal, and civil society + stakeholders; + (C)(i) to identify the operational challenges of + waste management systems; and + (ii) to develop policy and programmatic solutions + to those challenges; and + (D) to end intentional and unintentional incentives + for municipalities, industries, and individuals to + improperly dispose of municipal solid waste; and + (4) strengthening markets for products with high levels of + recycled plastic content. + (d) Complementary Activities.--It is the sense of Congress that the +strategy developed under subsection (a) should include guidance on +activities that are complementary to the activities described in +subsection (c), such as-- + (1) reducing waste at the source of the waste, including + anti-litter initiatives; + (2) developing effective trash provisions for-- + (A) national pollutant discharge elimination system + permits issued to municipal separate storm sewer + systems under section 402 of the Federal Water + Pollution Control Act (33 U.S.C. 1342); and + (B) stormwater management plans; + (3) capturing trash at stormwater inlets, stormwater + outfalls, or in bodies of water; + (4) providing education and outreach relating to trash + movement and reduction; and + (5) monitoring or modeling waste flows and the reduction of + waste resulting from the implementation of best management + practices. + +SEC. 303. WASTE MANAGEMENT STATE REVOLVING FUNDS. + + (a) Block Grants to States To Establish Loan Funds.-- + (1) In general.--The EPA Administrator shall offer to enter + into agreements with eligible States to make capitalization + block grants, including letters of credit, to the States under + this subsection-- + (A) to support improvements to local waste + management systems, including traditional and + innovative recycling and reuse technologies; + (B) to assist local waste management authorities in + making improvements to local waste management systems-- + (i) to meet waste management standards + under subtitle D of the Solid Waste Disposal + Act (42 U.S.C. 6941 et seq.), particularly with + respect to systems falling significantly below + national standards under that subtitle, as + determined by the EPA Administrator; and + (ii) to implement the strategy developed + under section 302(a); + (C) to deploy waste interceptor technologies, such + as ``trash wheels'' and litter traps, to manage the + collection and cleanup of aggregated waste from + waterways; and + (D) for such other purposes as the EPA + Administrator determines to be appropriate. + (2) Eligibility.--To be eligible to receive a + capitalization block grant under this subsection, a State + shall-- + (A) enter into a capitalization agreement with the + EPA Administrator under paragraph (1); and + (B) establish a waste management revolving State + loan fund. + (3) Deposit.--Funds from a capitalization block grant to a + State under this subsection shall be deposited in the State + loan fund established by the State. + (4) Period.--Funds from a capitalization block grant to a + State under this subsection shall be available to the State for + obligation-- + (A) during the fiscal year for which the funds are + authorized; and + (B) during the following fiscal year. + (5) Allotment.--Funds made available to carry out this + section shall be allotted to States at the discretion of the + EPA Administrator. + (6) Reallotment.--Any funds not obligated by a State by the + last day of the period for which the block grants are available + shall be reallotted in accordance with paragraph (5). + (b) Use of Funds.-- + (1) In general.--Amounts deposited in a State loan fund, + including loan repayments and interest earned on the amounts, + shall be used only-- + (A) for providing loans or loan guarantees; + (B) for outcomes-based or performance payments; or + (C) as a source of reserve and security for + leveraged loans. + (2) Limitations.--Loans or loan guarantees made by a State + under paragraph (1)(A)-- + (A) may be used only for expenditures of a type or + category that the EPA Administrator has determined, + through guidance, will-- + (i) facilitate compliance with an intended + use plan; or + (ii) otherwise significantly further the + purposes described in subparagraphs (A) through + (C) of subsection (a)(1); and + (B) may not be used for the acquisition of real + property or an interest in real property, unless the + acquisition is-- + (i) integral to an intended use plan; and + (ii) from a willing seller. + (c) Intended Use Plans.-- + (1) In general.--After providing for public review and + comment, each State that has entered into a capitalization + agreement under subsection (a)(1) annually shall prepare a plan + that identifies the intended uses of the amounts available from + the State loan fund of the State. + (2) Contents.--An intended use plan shall include-- + (A) a list of the projects to be carried out by + entities receiving the loans in the first fiscal year + that begins after the date of the intended use plan, + including a description of the project; + (B) a description of how the funds will support + disadvantaged communities; + (C) the criteria and methods established for the + use of the funds; and + (D) a description of the financial status of the + State loan fund and the short- and long-term goals of + the State loan fund. + (3) List of projects.--Each State, after notice and + opportunity for public comment, shall publish, and periodically + update, a list of projects in the State that are eligible for + assistance under this section, including-- + (A) the priority assigned to each project; and + (B) to the maximum extent practicable, the expected + funding schedule for each project. + (d) Fund Management.-- + (1) In general.--Each State loan fund shall be established, + maintained, and credited with repayments and interest, and the + fund corpus shall be available in perpetuity in accordance with + this section. + (2) Investment authorized.--To the extent amounts in the + State loan fund of a State are not required for current + obligation or expenditure, the amounts shall be invested in + interest bearing obligations. + (e) State Contributions.--Each capitalization agreement entered +into under subsection (a)(1) shall require that the State deposit in +the State loan fund from State funds an amount equal to not less than +20 percent of the total amount of the block grant to be made to the +State on or before the date on which the block grant payment is made to +the State. + (f) Administration of State Loan Fund.-- + (1) In general.--Each State annually may use not greater + than 4 percent of the funds allotted to the State under this + section to cover the reasonable costs of administration of the + programs under this section, including the recovery of + reasonable costs expended to establish a State loan fund that + are incurred after the date of enactment of this Act. + (2) Guidance and regulations.--The EPA Administrator shall + issue guidance and promulgate regulations as are necessary to + carry out this section, including guidance and regulations-- + (A) to ensure that each State commits and expends + funds allotted to the State under this section as + efficiently as practicable in accordance with this + section and applicable State law; + (B) to prevent waste, fraud, and abuse; and + (C) to ensure that the States receiving block + grants under this section use accounting, audit, and + fiscal procedures that conform to generally accepted + accounting standards. + (3) State report.--Not less frequently than every 2 years, + each State administering a State loan fund under this section + shall submit to the EPA Administrator a report describing the + activities carried out under this section, including the + findings of the most recent audit of the State loan fund and + the entire State allotment. + (4) Audits.--The EPA Administrator shall periodically audit + all State loan funds established by, and all other amounts + allotted to, the States in accordance with procedures + established by the Comptroller General of the United States. + (g) Applicability of Federal Law.-- + (1) In general.--The EPA Administrator shall ensure that + all laborers and mechanics employed on projects funded + directly, or assisted in whole or in part, by a State loan fund + established by this section shall be paid wages at rates not + less than those prevailing on projects of a character similar + in the locality as determined by the Secretary of Labor in + accordance with subchapter IV of chapter 31 of part A of + subtitle II of title 40, United States Code. + (2) Authority.--With respect to the labor standards + specified in paragraph (1), the Secretary of Labor shall have + the authority and functions set forth in Reorganization Plan + Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section + 3145 of title 40, United States Code. + (h) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section such amounts as are necessary +for each of fiscal years 2020 through 2025. + +SEC. 304. GRANT PROGRAMS. + + (a) Waste Management Infrastructure Grant Program.-- + (1) In general.--The EPA Administrator may provide grants + to units of local government, Indian Tribes, and local waste + management systems-- + (A) to assist those entities in making improvements + to waste management systems-- + (i) to meet waste management standards + established under subtitle D of the Solid Waste + Disposal Act (42 U.S.C. 6941 et seq.); and + (ii) to implement the strategy developed + section 302(a); and + (B) to support improvements to local waste + management systems, including traditional and + innovative recycling and reuse technologies. + (2) Applications.--To be eligible to receive a grant under + paragraph (1), an applicant shall submit to the EPA + Administrator an application at such time, in such manner, and + containing such information as the EPA Administrator may + require. + (b) Drinking Water Infrastructure Grants.-- + (1) In general.--The EPA Administrator may provide + competitive grants to units of local government (including + units of local government that own treatment works (as defined + in section 212 of the Federal Water Pollution Control Act (33 + U.S.C. 1292))), Indian Tribes, and public water systems (as + defined in section 1401 of the Safe Drinking Water Act (42 + U.S.C. 300f)), as applicable, to support improvements in + removing plastic waste from drinking water, including planning, + design, construction, technical assistance, and planning + support for operational adjustments. + (2) Preference.--In making grants under paragraph (1), the + EPA Administrator shall give preference to applicants that-- + (A) seek to improve the removal of microplastics, + including microfibers, from drinking water; and + (B) have demonstrated prior commitment and success + in reducing other pollution sources in drinking water, + such as lead and other contaminants. + (3) Applications.--To be eligible to receive a grant under + paragraph (1), an applicant shall submit to the EPA + Administrator an application at such time, in such manner, and + containing such information as the EPA Administrator may + require. + (c) Wastewater Infrastructure Grants.-- + (1) In general.--The EPA Administrator may provide grants + to units of local government (including units of local + government that own treatment works (as defined in section 212 + of the Federal Water Pollution Control Act (33 U.S.C. 1292))) + and public water systems (as defined in section 1401 of the + Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to + support improvements in removing plastic waste from wastewater. + (2) Preference.--In making grants under paragraph (1), the + EPA Administrator shall give preference to applicants that-- + (A) seek to improve the removal of microplastics, + including microfibers, from wastewater; and + (B) have demonstrated prior commitment and success + in reducing other pollution sources in wastewater, such + as nutrient pollution and other contaminants. + (3) Applications.--To be eligible to receive a grant under + paragraph (1), an applicant shall submit to the EPA + Administrator an application at such time, in such manner, and + containing such information as the EPA Administrator may + require. + (d) Trash-Free Waters Grants.-- + (1) In general.--The EPA Administrator may provide grants + to political subdivisions of States and units of local + government, Indian Tribes, and nonprofit organizations-- + (A) to support projects to reduce the quantity of + trash in bodies of water by reducing the quantity of + trash at the source of the trash, including anti-litter + initiatives; + (B) to enforce local trash ordinances; + (C) to implement the trash provisions of a national + pollutant discharge elimination system permit issued to + a municipal separate storm sewer system under section + 402 of the Federal Water Pollution Control Act (33 + U.S.C. 1342); + (D) to capture trash at stormwater inlets, + stormwater outfalls, or in bodies of water; + (E) to provide education and outreach about trash + movement and reduction; and + (F) to monitor or model flows of trash, including + monitoring or modeling a reduction in trash as a result + of the implementation of best management practices for + the reduction of trash in sources of drinking water. + (2) Applications.--To be eligible to receive a grant under + paragraph (1), an applicant shall submit to the EPA + Administrator an application at such time, in such manner, and + containing such information as the EPA Administrator may + require. + (e) Authorization of Appropriations.-- + (1) In general.--Subject to paragraph (2), there are + authorized to be appropriated such sums as are necessary to + carry out this section. + (2) No impact on other federal funds.-- + (A) In general.--No funds shall be made available + under paragraph (1) to carry out subsections (b) and + (c) in a fiscal year if the total amount made available + to carry out the programs described in subparagraph (B) + for that fiscal year is less than the total amount made + available to carry out the programs described in + subparagraph (B) for fiscal year 2019. + (B) Programs described.--The programs referred to + in subparagraph (A) are-- + (i) State drinking water treatment + revolving loan funds established under section + 1452 of the Safe Drinking Water Act (42 U.S.C. + 300j-12); + (ii) programs for assistance for small and + disadvantaged communities under subsections (a) + through (j) of section 1459A of the Safe + Drinking Water Act (42 U.S.C. 300j-19a); and + (iii) State water pollution control + revolving funds established under title VI of + the Federal Water Pollution Control Act (33 + U.S.C. 1381 et seq.). + +SEC. 305. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE. + + (a) In General.--The Secretary of Transportation (referred to in +this section as the ``Secretary'') and the EPA Administrator shall seek +to jointly enter into an arrangement with the National Academies of +Sciences, Engineering, and Medicine under which the National Academies +will-- + (1) conduct a study of the feasibility and advisability of + innovative uses of plastic waste in roadways, bridges, and + other infrastructure; and + (2) as part of the study under paragraph (1)-- + (A) identify international examples of-- + (i) the use of materials described in that + paragraph; and + (ii) projects in which the use of plastic + waste has been applied; + (B) assess the economic benefits, if any, including + employment opportunities, to municipalities and States + in investing in innovative reuse of plastic waste in + infrastructure; and + (C) if the National Academies consider uses + described in that paragraph to be advisable, make + recommendations with respect to what Federal testing + standards and other barriers may need to be addressed + to enable those uses, including with respect to + ensuring human health and safety. + (b) Report Required.--Not later than 2 years after the date of +enactment of this Act, the Secretary shall submit to Congress a report +on the study conducted under subsection (a). + (c) Grant Program.-- + (1) In general.--If the National Academies consider the + innovative uses of plastic waste described in subsection (a)(1) + to be advisable, and the Secretary agrees, the Secretary shall + establish a grant program to encourage those uses. + (2) Demonstration projects.--If the Secretary establishes a + grant program under paragraph (1), the Secretary shall carry + out the grant program by selecting, through a competitive + process, not more than 5 projects to demonstrate the uses + described in subsection (a)(1), each of which shall be located + in a different region of the United States. + (3) Report.--Not later than 180 days after the date on + which the last demonstration project, if any, is completed + under paragraph (2), the Secretary shall submit to Congress a + report summarizing the results of the demonstration projects, + including-- + (A) the total quantity of plastic waste redirected + from the waste stream into infrastructure; + (B) the durability of the infrastructure + constructed with plastic waste; and + (C) any cost savings achieved through the use of + plastic waste in the demonstration projects. + (d) Authorization of Appropriations.--There are authorized to be +appropriated such sums as are necessary to carry out this section. + +SEC. 306. STUDY ON OPTIONS TO ADVANCE TECHNOLOGIES FOR CONVERTING + PLASTIC WASTE TO CHEMICALS, FEEDSTOCKS, AND OTHER + PRODUCTS. + + (a) In General.--The EPA Administrator shall seek to enter into an +arrangement with the National Academies of Sciences, Engineering, and +Medicine under which the National Academies will conduct a study on +options to advance technologies (including pyrolysis, hydropyrolysis, +methanolysis, gasification, and enzymatic breakdown) for converting +plastic waste to useful products, such as chemicals, feedstocks, fuels, +and energy. + (b) Inclusions.--As part of the study under subsection (a), the +National Academies shall conduct an evaluation of-- + (1) the air emissions associated with technologies + described in that subsection; and + (2) an evaluation of the ability of those technologies to + become cost-competitive with other options for obtaining source + materials or producing energy. + (c) Report Required.--Not later than 2 years after the date of the +enactment of this Act, the EPA Administrator shall submit to Congress a +report on the study conducted under subsection (a). + +SEC. 307. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND + SOURCES OF DRINKING WATER. + + (a) In General.--The EPA Administrator, in consultation with the +Under Secretary, shall seek to enter into an arrangement with the +National Academies of Sciences, Engineering, and Medicine under which +the National Academies will conduct a human health and environmental +risk assessment on microplastics, including microfibers, in food +supplies and sources of drinking water. + (b) Report Required.--Not later than 2 years after the date of the +enactment of this Act, the EPA Administrator shall submit to Congress a +report on the study conducted under subsection (a) that includes-- + (1) a science-based definition of ``microplastics'' that + can be adopted in federally supported monitoring and future + assessments supported or conducted by a Federal agency; + (2) recommendations for standardized monitoring, testing, + and other necessary protocols relating to microplastics; + (3)(A) an assessment of whether microplastics are currently + present in the food supplies and sources of drinking water of + United States consumers; and + (B) if the assessment under subparagraph (A) is positive-- + (i) the extent to which microplastics are present + in the food supplies and sources of drinking water; and + (ii) an assessment of the type, source, prevalence, + and risk of microplastics in the food supplies and + sources of drinking water; + (4) an assessment of the risk posed, if any, by the + presence of microplastics in the food supplies and sources of + drinking water of United States consumers that includes-- + (A) an identification of the most significant + sources of those microplastics; and + (B) a review of the best available science to + determine any potential hazards of microplastics in the + food supplies and sources of drinking water of United + States consumers; and + (5) a measurement of-- + (A) the quantity of environmental chemicals that + absorb to microplastics; and + (B) the quantity described in subparagraph (A) that + would be available for human exposure through food + supplies or sources of drinking water. + (c) Authorization of Appropriations.--There are authorized to be +appropriated such sums as are necessary to carry out this section. + +SEC. 308. REPORT ON ELIMINATING BARRIERS TO INCREASE THE COLLECTION OF + RECYCLABLE MATERIALS. + + Not later than 1 year after the date of enactment of this Act, the +EPA Administrator shall submit to Congress a report describing-- + (1) the economic, technological, resource availability, or + other barriers to increasing the collection of recyclable + materials; and + (2) recommendations to overcome the barriers described + under paragraph (1). + +SEC. 309. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW END- + USE MARKETS FOR RECYCLED PLASTICS. + + Not later than 1 year after the date of enactment of this Act, the +EPA Administrator shall submit to Congress a report describing the most +efficient and effective economic incentives to spur the development of +additional new end-use markets for recyclable plastics, including the +use of increased recycled content by manufacturers in the production of +plastic goods and packaging. + \ No newline at end of file From c4c5a30bee73a552913ab0f0d02b8ad7003bb890 Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 852/984] Senate-1982: Engrossed in Senate --- bills_text/Senate-1982.txt | 1478 +++++++++++++++--------------------- 1 file changed, 600 insertions(+), 878 deletions(-) diff --git a/bills_text/Senate-1982.txt b/bills_text/Senate-1982.txt index 6a46d20..3932695 100644 --- a/bills_text/Senate-1982.txt +++ b/bills_text/Senate-1982.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 1982 - To improve efforts to combat marine debris, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - June 26, 2019 - -Mr. Sullivan (for himself, Mr. Whitehouse, Mr. Menendez, Ms. Murkowski, - Mr. Portman, Mr. Booker, Mr. Murphy, Mr. Carper, and Ms. Collins) -introduced the following bill; which was read twice and referred to the - Committee on Commerce, Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -31,19 +16,15 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Save Our Seas 2.0 -Act'' or the ``SOS 2.0 Act''. - (b) Table of Contents.--The table of contents for this Act is as +Act''. + (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. -Sec. 3. Sense of Congress. - TITLE I--ENHANCING THE DOMESTIC MARINE DEBRIS RESPONSE - - Subtitle A--Marine Debris Response Trust Fund + TITLE I--COMBATING MARINE DEBRIS -Sec. 101. Marine Debris Response Trust Fund. - Subtitle B--Marine Debris Foundation + Subtitle A--Marine Debris Foundation Sec. 111. Establishment and purposes of Foundation. Sec. 112. Board of Directors of the Foundation. @@ -54,17 +35,17 @@ Sec. 116. Report requirements; petition of attorney general for equitable relief. Sec. 117. United States release from liability. Sec. 118. Authorization of appropriations. - Subtitle C--Genius Prize for Save Our Seas Innovations +Sec. 119. Termination of authority. + Subtitle B--Genius Prize for Save Our Seas Innovations Sec. 121. Definitions. Sec. 122. Genius prize for Save Our Seas Innovations. -Sec. 123. Save Our Seas Innovation Steering Committee. -Sec. 124. Agreement with the Marine Debris Foundation. -Sec. 125. Judges. -Sec. 126. Report to Congress. -Sec. 127. Authorization of appropriations. -Sec. 128. Termination of authority. - Subtitle D--Other Measures Relating to Combating Marine Debris +Sec. 123. Agreement with the marine debris foundation. +Sec. 124. Judges. +Sec. 125. Report to Congress. +Sec. 126. Authorization of appropriations. +Sec. 127. Termination of authority. + Subtitle C--Other Measures Relating to Combating Marine Debris Sec. 131. Prioritization of marine debris in existing innovation and entrepreneurship programs. @@ -73,14 +54,14 @@ Sec. 133. Incentive for fishermen to collect and dispose of plastic found at sea. Sec. 134. Amendments to Marine Debris Program. Sec. 135. Marine debris on National Forest System land. - Subtitle E--Studies and Reports + Subtitle D--Studies and Reports Sec. 141. Report on opportunities for innovative uses of plastic waste. Sec. 142. Report on microfiber pollution. Sec. 143. Study on United States plastic pollution data. -Sec. 144. Report on minimizing the creation of new plastic waste. -Sec. 145. Study on mass balance methodologies to certify circular +Sec. 144. Study on mass balance methodologies to certify circular polymers. +Sec. 145. Report on sources and impacts of derelict fishing gear. TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS Sec. 201. Statement of policy on international cooperation to combat @@ -97,21 +78,20 @@ Sec. 206. Consideration of marine debris in negotiating international agreements. TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS -Sec. 301. Definitions. -Sec. 302. Strategy for improving waste management, recycling, and water - management. -Sec. 303. Waste management State revolving funds. -Sec. 304. Grant programs. -Sec. 305. Study on repurposing plastic waste in infrastructure. -Sec. 306. Study on options to advance technologies for converting - plastic waste to chemicals, feedstocks, and - other products. -Sec. 307. Study on effects of microplastics in food supplies and +Sec. 301. Strategy for improving post-consumer materials management and + water management. +Sec. 302. Sense of the Senate for issues to be included in strategy for + post-consumer materials management and + water management. +Sec. 303. Grant programs. +Sec. 304. Study on repurposing plastic waste in infrastructure. +Sec. 305. Study on effects of microplastics in food supplies and sources of drinking water. -Sec. 308. Report on eliminating barriers to increase the collection of +Sec. 306. Report on eliminating barriers to increase the collection of recyclable materials. -Sec. 309. Report on economic incentives to spur development of new end- +Sec. 307. Report on economic incentives to spur development of new end- use markets for recycled plastics. +Sec. 308. Report on minimizing the creation of new plastic waste. SEC. 2. DEFINITIONS. @@ -131,11 +111,16 @@ SEC. 2. DEFINITIONS. (3) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 - U.S.C. 5304). - (4) Marine debris.--The term ``marine debris'' has the + U.S.C. 5304), without regard to capitalization. + (4) Interagency marine debris coordinating committee.--The + term ``Interagency Marine Debris Coordinating Committee'' means + the Interagency Marine Debris Coordinating Committee + established under section 5 of the Marine Debris Act (33 U.S.C. + 1954). + (5) Marine debris.--The term ``marine debris'' has the meaning given that term in section 7 of the Marine Debris Act (33 U.S.C. 1956). - (5) Marine debris event.--The term ``marine debris event'' + (6) Marine debris event.--The term ``marine debris event'' means an event or related events that affects or may imminently affect the United States involving-- (A) marine debris caused by a natural event, @@ -148,7 +133,7 @@ SEC. 2. DEFINITIONS. (C) marine debris caused by an intentional or grossly negligent act or acts that causes substantial economic or environmental harm. - (6) Non-federal funds.--The term ``non-Federal funds'' + (7) Non-federal funds.--The term ``non-Federal funds'' means funds provided by-- (A) a State; (B) an Indian Tribe; @@ -157,191 +142,48 @@ SEC. 2. DEFINITIONS. Tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); - (E) a private for-profit entity; - (F) a nonprofit organization; or - (G) a private individual. - (7) Nonprofit organization.--The term ``nonprofit + (E) a foreign government; + (F) a private for-profit entity; + (G) a nonprofit organization; or + (H) a private individual. + (8) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. - (8) State.--The term ``State'' means-- + (9) Post-consumer materials management.--The term ``post- + consumer materials management'' means the systems, operation, + supervision, and long-term management of processes and + equipment used for post-use material (including packaging, + goods, products, and other materials), including-- + (A) collection; + (B) transport; + (C) safe disposal of waste that cannot be + recovered, reused, recycled, repaired, or refurbished; + and + (D) systems and processes related to post-use + materials that can be recovered, reused, recycled, + repaired, or refurbished. + (10) State.--The term ``State'' means-- (A) a State; (B) an Indian Tribe; - (C) the District of Columbia; and - (D) a territory or possession of the United States. - (9) Under secretary.--The term ``Under Secretary'' means + (C) the District of Columbia; + (D) a territory or possession of the United States; + or + (E) any political subdivision of an entity + described in subparagraphs (A) through (D). + (11) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration. - (10) Waste management.--The term ``waste management'' means - the systems, operation, supervision, and aftercare of processes - and equipment used for waste-- - (A) collection; - (B) transport; - (C) recovery; - (D) reuse; - (E) recycling; and - (F) safe disposal of waste when recovery, reuse, or - recycling are not otherwise available. - -SEC. 3. SENSE OF CONGRESS. - - It is the sense of Congress that-- - (1) eliminating plastic waste from the oceans requires a - multi-faceted approach, including waste reduction and - prevention, reuse and recycling, and innovation; - (2) both domestic and international efforts are required to - make progress in combating marine debris; - (3) efforts by States, communities, and corporations to - minimize the use of single-use plastic products have been - successful in raising awareness of the marine debris issue; and - (4) while we make progress toward a more sustainable - future, we must recognize that there is significant amount of - plastic waste that has already been created that must be - prevented from entering the oceans through recycling, reuse, - repurposing, and other innovative means. - - TITLE I--ENHANCING THE DOMESTIC MARINE DEBRIS RESPONSE - - Subtitle A--Marine Debris Response Trust Fund - -SEC. 101. MARINE DEBRIS RESPONSE TRUST FUND. - - (a) In General.--Subchapter A of chapter 98 of the Internal Revenue -Code of 1986 is amended by adding at the end the following: - -``SEC. 9512. MARINE DEBRIS RESPONSE TRUST FUND. - - ``(a) Creation of Trust Fund.--There is established in the Treasury -of the United States a trust fund to be known as the `Marine Debris -Response Trust Fund', consisting of such amounts as may be appropriated -or credited to the Trust Fund as provided in this section. - ``(b) Purposes of Trust Fund.-- - ``(1) In general.--Amounts in the Marine Debris Response - Trust Fund shall be available for the National Oceanic and - Atmospheric Administration to respond to a marine debris event - described in paragraph (2), which may include-- - ``(A) monitoring, response, and prevention; - ``(B) providing funding to States, territories, - Tribes, and other United States Government and - nongovernmental organizations supporting prevention, - cleanup, and response efforts; or - ``(C) administrative costs relating to distributing - amounts from the Trust Fund. - ``(2) Marine debris event described.--A marine debris event - described in this paragraph is an event that affects or may - affect the United States involving-- - ``(A) marine debris caused by a natural event, - including a tsunami, flood, landslide, hurricane, or - other natural source; - ``(B) distinct, nonrecurring marine debris, - including derelict vessel groundings and container - spills, that have immediate or long-term impacts on - habitats with high ecological, economic, or human-use - values; or - ``(C) marine debris caused by an intentional or - grossly negligent act or acts that causes substantial - economic or environmental harm. - ``(c) Limitations on Expenditures.-- - ``(1) Maximum per event.--The maximum amount that may be - paid from the Marine Debris Response Trust Fund with respect to - any single event may not exceed $100,000,000. - ``(2) Minimum balance.--A payment may be made from the - Marine Debris Response Trust Fund only if the amount in the - Trust Fund after the payment will not be less than $1,000,000. - ``(3) Maximum balance.--Amounts in the Marine Debris - Response Trust Fund may not exceed $500,000,000. - ``(d) Initial Funding.--There are authorized to be appropriated to -the Marine Debris Response Trust Fund $2,000,000 for fiscal year 2020 -to establish the Trust Fund. - ``(e) Authority To Borrow.-- - ``(1) In general.--There are authorized to be appropriated - to the Marine Debris Response Trust Fund, as repayable - advances, such sums as may be necessary to carry out the - purposes of the Trust Fund. - ``(2) Limitation on amount outstanding.--The maximum - aggregate amount of repayable advances to the Marine Debris - Response Trust Fund outstanding at any one time may not exceed - $1,000,000. - ``(3) Repayment of advances.-- - ``(A) In general.--Advances made to the Marine - Debris Response Trust Fund shall be repaid, and - interest on such advances shall be paid, to the general - fund of the Treasury when the Secretary of Commerce, in - consultation with the Secretary of the Treasury, - determines that amounts are available for such purposes - in the Trust Fund. - ``(B) Final repayment.--No advance may be made to - the Marine Debris Response Trust Fund after September - 30, 2035, and all advances to such Fund shall be repaid - on or before that date. - ``(C) Rate of interest.--Interest on advances made - pursuant to this subsection shall be-- - ``(i) at a rate determined by the Secretary - of the Treasury (as of the close of the - calendar month preceding the month in which the - advance is made) to be equal to the current - average market yield on outstanding marketable - obligations of the United States with remaining - periods to maturity comparable to the - anticipated period during which the advance - will be outstanding, and - ``(ii) compounded annually. - ``(f) Availability of Funds.--Amounts in the Marine Debris Response -Trust Fund shall-- - ``(1) be available without fiscal year limitation and - without apportionment; and - ``(2) shall supplement and not supplant other amounts - available for responding to marine debris events. - ``(g) Investment.--The Secretary of the Treasury shall invest -amounts in the Marine Debris Response Trust Fund in interest bearing -obligations of the United States to the extent such amounts are not -required to meet current withdrawals. Interest earned by such -investments shall be credited to, and become a part of, the Trust Fund. - ``(h) Administration.--The Under Secretary of Commerce for Oceans -and Atmosphere shall prescribe regulations-- - ``(1) providing for a process for submitting a claim to the - Marine Debris Response Trust Fund and for distributing amounts - from the Trust Fund pursuant to those claims; and - ``(2) providing guidance with respect to what constitutes - an event for which amounts will be distributed from the Trust - Fund. - ``(i) Liability of the United States Limited to Amount in Trust -Fund.-- - ``(1) In general.--Any claim filed against the Marine - Debris Response Trust Fund may be paid only out of the Trust - Fund. - ``(2) Order in which unpaid claims are to be paid.--If at - any time the Marine Debris Response Trust Fund has insufficient - funds to pay all of the claims out of the Trust Fund at such - time, such claims shall, to the extent permitted under - paragraph (1), be paid in full in the order in which they were - finally determined. - ``(j) Non-Federal Contributions to the Trust Fund.-- - ``(1) In general.--A gift, award, devise, or bequest, and - non-Federal amounts from legal judgments or settlements may be - accepted by the Marine Debris Response Trust Fund without - regard to whether the gift, devise, or bequest is encumbered, - restricted, or subject to beneficial interests of private - persons if any current or future interest in the gift, devise, - or bequest is for the benefit of the Trust Fund. - ``(2) Foreign gifts.--Any gifts, awards, devises, or - bequests given to or received from a person in a foreign - country by or to the Marine Debris Response Trust Fund shall be - made only with the concurrence of the Secretary of State, in - consultation, as appropriate, with the Administrator of the - United States Agency for International Development.''. - (b) Clerical Amendment.--The table of sections for subchapter A of -chapter 98 of such Code is amended by adding at the end the following: - -``Sec. 9512. Marine Debris Response Trust Fund.''. - - Subtitle B--Marine Debris Foundation + + TITLE I--COMBATING MARINE DEBRIS + + Subtitle A--Marine Debris Foundation SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION. (a) Establishment.--There is established the Marine Debris -Foundation (in this subtitle referred to as the ``Foundation''). The +Foundation (in this title referred to as the ``Foundation''). The Foundation is a charitable and nonprofit organization and is not an agency or establishment of the United States. (b) Purposes.--The purposes of the Foundation are-- @@ -365,15 +207,17 @@ agency or establishment of the United States. economy of the United States, the marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries), and - navigation safety; and - (4) to support other Federal actions to reduce marine + navigation safety; + (4) to administer the Genius Prize for Save Our Seas + Innovation as described in title II; and + (5) to support other Federal actions to reduce marine debris. SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.-- (1) In general.--The Foundation shall have a governing - Board of Directors (in this subtitle referred to as the + Board of Directors (in this title referred to as the ``Board''), which shall consist of the Under Secretary and 12 additional Directors appointed in accordance with subsection (b) from among individuals who are United States citizens. @@ -398,7 +242,7 @@ SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. (A) at least 4 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris, which may include an individual with - expertise in waste management, recycling, reuse, or a + expertise in post-consumer materials management or a circular economy; (B) at least 2 shall be educated or experienced in the assessment, prevention, reduction, or removal of @@ -417,10 +261,9 @@ SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. paragraph (1), the Secretary shall appoint, not later than 180 days after the date of the enactment of this Act-- - (i) four Directors for a term of 6 years; - (ii) four Directors for a term of 4 years; - and - (iii) four Directors for a term of 2 years. + (i) 4 Directors for a term of 6 years; + (ii) 4 Directors for a term of 4 years; and + (iii) 4 Directors for a term of 2 years. (3) Vacancies.-- (A) In general.--The Under Secretary shall fill a vacancy on the Board. @@ -460,9 +303,9 @@ of the duties of the Foundation. (A) appointing officers and employees; (B) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions - of this subtitle; and + of this title; and (C) undertaking of other such acts as may be - necessary to carry out the provisions of this subtitle. + necessary to carry out the provisions of this title. (2) Limitations on appointment.--The following limitations apply with respect to the appointment of officers and employees of the Foundation: @@ -489,22 +332,18 @@ SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) In General.--The Foundation-- (1) shall have perpetual succession; (2) may conduct business throughout the several States, - territories, and possessions of the United States and abroad; - (3) shall have its principal offices in the District of - Columbia or in a county in the State of Maryland or Virginia - that borders on the District of Columbia; and - (4) shall at all times maintain a designated agent + territories, and possessions of the United States and abroad; + and + (3) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. (b) Service of Process.--The serving of notice to, or service of -process upon, the agent required under subsection (a)(4), or mailed to +process upon, the agent required under subsection (a)(3), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. - (c) Seal.--The Foundation shall have an official seal selected by -the Board which shall be judicially noticed. - (d) Powers.-- + (c) Powers.-- (1) In general.--To carry out its purposes under section 111, the Foundation shall have, in addition to the powers - otherwise given it under this subtitle, the usual powers of a + otherwise given it under this title, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power-- (A) to accept, receive, solicit, hold, administer, @@ -552,19 +391,19 @@ the Board which shall be judicially noticed. or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. - (e) Notice to Members of Congress.--The Foundation may not make a + (d) Notice to Members of Congress.--The Foundation may not make a grant of Federal funds in an amount greater than $100,000 unless, by not later than 15 days before the grant is made, the Foundation provides notice of the grant to the Member of Congress for the congressional district in which the project to be funded with the grant will be carried out. - (f) Coordination of International Efforts.--Any efforts of the + (e) Coordination of International Efforts.--Any efforts of the Foundation carried out in a foreign country, and any grants provided to an individual or entity in a foreign country, shall be made only with the concurrence of the Secretary of State, in consultation, as appropriate, with the Administrator of the United States Agency for International Development. - (g) Consultation With NOAA.--The Foundation shall consult with the + (f) Consultation With NOAA.--The Foundation shall consult with the Under Secretary during the planning of any restoration or remediation action using funds resulting from judgments or settlements relating to the damage to trust resources of the National Oceanic and Atmospheric @@ -577,11 +416,12 @@ personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses, not to exceed the current Federal Government per diem rates, for a period of up to 5 years beginning on the date of the enactment of this Act. - (b) Reimbursement.--The Foundation may reimburse the Under -Secretary for any administrative service provided under subsection (a). -The Under Secretary shall deposit any reimbursement received under this -subsection into the Treasury to the credit of the appropriations then -current and chargeable for the cost of providing such services. + (b) Reimbursement.--The Under Secretary shall require reimbursement +from the Foundation for any administrative service provided under +subsection (a). The Under Secretary shall deposit any reimbursement +received under this subsection into the Treasury to the credit of the +appropriations then current and chargeable for the cost of providing +such services. SEC. 115. VOLUNTEER STATUS. @@ -589,7 +429,7 @@ SEC. 115. VOLUNTEER STATUS. service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of Commerce, as volunteers in -the performance of the functions authorized in this subtitle. +the performance of the functions authorized in this title. SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF. @@ -610,9 +450,9 @@ Representatives a report-- Act.--If the Foundation-- (1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purposes set - forth in section 111(b); or + forth in section 111(b), or (2) refuses, fails, or neglects to discharge its - obligations under this subtitle, or threatens to do so, + obligations under this title, or threatens to do so, the Attorney General may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate. @@ -626,10 +466,9 @@ credit of the United States extend to any obligation of the Foundation. SEC. 118. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.-- - (1) In general.--There are authorized to be appropriated to - the Secretary of Commerce such sums as may be necessary to - carry out this subtitle for each of fiscal years 2020 through - 2025. + (1) In general.--The Secretary of Commerce shall carry out + this title using existing amounts that are appropriated or + otherwise made available to the Department of Commerce. (2) Use of appropriated funds.--Subject to paragraph (3), amounts made available under paragraph (1) shall be provided to the Foundation to match contributions (whether in currency, @@ -648,12 +487,12 @@ SEC. 118. AUTHORIZATION OF APPROPRIATIONS. for salaries during the 18-month period beginning on the date of the enactment of this Act. (b) Additional Authorization.-- - (1) In general.--In addition to the amounts authorized to - be appropriated under subsection (a), the Foundation may accept - Federal funds from a Federal agency under any other Federal law - for use by the Foundation to further the assessment, - prevention, reduction, and removal of marine debris in - accordance with the requirements of this subtitle. + (1) In general.--In addition to the amounts made available + under subsection (a), the Foundation may accept Federal funds + from a Federal agency under any other Federal law for use by + the Foundation to further the assessment, prevention, + reduction, and removal of marine debris in accordance with the + requirements of this title. (2) Use of funds accepted from federal agencies.--Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, @@ -669,7 +508,13 @@ used for-- legislation pending before Congress consistent with Federal- wide cost principles. - Subtitle C--Genius Prize for Save Our Seas Innovations +SEC. 119. TERMINATION OF AUTHORITY. + + The authority of the Foundation under this subtitle shall terminate +on the date that is 10 years after the establishment of the Foundation, +unless the Foundation is reauthorized by an Act of Congress. + + Subtitle B--Genius Prize for Save Our Seas Innovations SEC. 121. DEFINITIONS. @@ -682,32 +527,36 @@ SEC. 121. DEFINITIONS. SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS. - (a) In General.--Not later than 1 year after the date of the -enactment of this Act, the Secretary shall establish under section 24 -of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. -3719) a prize competition-- - (1) to encourage technological innovation with the - potential to reduce plastic waste and thereby prevent marine - debris; and - (2) to award 1 or more prizes biennially for projects that - advance human understanding and innovation in removing and - preventing plastic waste, including-- - (A) advancements in materials used in packaging and + (a) In General.-- + (1) In general.--Not later than 1 year after the date of + the enactment of this Act, the Secretary shall establish under + section 24 of the Stevenson-Wydler Technology Innovation Act of + 1980 (15 U.S.C. 3719) a prize competition-- + (A) to encourage technological innovation with the + potential to reduce plastic waste, and associated and + potential pollution, and thereby prevent marine debris; + and + (B) to award 1 or more prizes biennially for + projects that advance human understanding and + innovation in removing and preventing plastic waste, in + one of the categories described in paragraph (2). + (2) Categories for projects.--The categories for projects + are: + (A) Advancements in materials used in packaging and other products that, if such products enter the coastal or ocean environment, will fully degrade without - harming the environment, wildlife, or human health; - (B) innovations in production and packaging design + harming the environment, wildlife, or human health. + (B) Innovations in production and packaging design that reduce the use of raw materials, increase recycled content, encourage reusability and recyclability, and - promote a circular economy; - (C) improvements in marine debris detection, - monitoring, and cleanup technologies and processes; - (D) technological improvements or improved - strategies to increase solid waste collection, - processing, sorting, recycling, reuse, or repurposing; - and - (E) new designs or strategies to reduce overall - packaging needs. + promote a circular economy. + (C) Improvements in marine debris detection, + monitoring, and cleanup technologies and processes. + (D) Improvements or improved strategies to increase + solid waste collection, processing, sorting, recycling, + or reuse. + (E) New designs or strategies to reduce overall + packaging needs and promote reuse. (b) Designation.--The prize competition established under subsection (a) shall be known as the ``Genius Prize for Save Our Seas Innovations''. @@ -726,79 +575,11 @@ priority shall be given to projects that-- entering the coastal or ocean environment as unintentional waste. -SEC. 123. SAVE OUR SEAS INNOVATION STEERING COMMITTEE. - - (a) Establishment.--The Secretary shall establish a steering -committee, to be known as the ``Save Our Seas Innovation Steering -Committee'' (in this subtitle referred as the ``Committee'') to provide -expert advice and recommendations in the establishment of the prize -competition, selection of awardees, and analysis of the successes of -the prize competition. - (b) Duties.--Subject to subsection (d), with respect to the prize -competition, the Committee shall-- - (1) select a topic; - (2) issue a problem statement; and - (3) advise the Secretary on any opportunity for market- - scale development of technological innovation to prevent marine - plastic debris and promote the development of materials that - fully degrade in ocean and coastal environments without harming - the environment, wildlife, or human health. - (c) Competition Judges.--A member of the Committee may serve as a -judge for the prize competition under section 125. - (d) Administrative Cost Reduction.--The Committee shall, to the -maximum extent practicable, minimize the administrative costs of the -Committee, including by encouraging remote participation to reduce -travel costs. - (e) Consultation.--In selecting a topic and issuing a problem -statement for the prize competition under subparagraphs (A) and (B) of -subsection (b)(1), respectively, the Committee shall consult widely -with Federal and non-Federal stakeholders, including-- - (1) 1 or more Federal agencies with jurisdiction over the - prevention of marine debris or the promotion of innovative - materials; - (2) 1 or more State agencies with jurisdiction over the - prevention of marine debris or the promotion of innovative - materials; - (3) 1 or more State, regional, or local conservation or - waste management organizations, the mission of which relates to - the prevention of marine debris or the promotion of innovative - materials; - (4) 1 or more conservation groups, technology companies, - research institutions, institutions of higher education, - industry associations, or individual stakeholders with an - interest in the prevention of marine debris or the promotion of - innovative materials; - (5) 1 or more experts in the area of standards development - regarding the degradation, breakdown, or recycling of polymers; - and - (6) experts in the following areas: - (A) Polymer chemistry. - (B) Wildlife conservation and management. - (C) Marine biology or animal science. - (D) Waste management. - (E) Technology development. - (F) Engineering. - (G) Lifecycle assessment. - (H) Economics. - (I) Recycling. - (J) Business development and management. - (K) Marine environmental chemistry. - (L) Any other discipline that the Secretary - determines to be necessary to achieve the purposes of - this subtitle. - (f) Nonapplicability of the Federal Advisory Committee Act.-- - (1) In general.--The Federal Advisory Committee Act (5 - U.S.C. App.) shall not apply with respect to the Committee. - (2) Applicability of financial disclosure requirements.-- - Notwithstanding paragraph (1), section 208(b)(3) of title 18, - United States Code, shall apply with respect to Government - employees serving on the Committee. - -SEC. 124. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION. +SEC. 123. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION. (a) In General.--The Secretary shall offer to enter into an agreement, which may include a grant or cooperative agreement, under -which the Marine Debris Foundation established under subtitle B shall +which the Marine Debris Foundation established under title I shall administer the prize competition. (b) Requirements.--An agreement entered into under subsection (a) shall comply with the following requirements: @@ -816,18 +597,43 @@ shall comply with the following requirements: (i) the administrative costs of the prize competition; and (ii) the costs of a cash prize; - (F) in consultation with, and subject to final + (F) in the design and award of the prize, consult, + as appropriate with experts from-- + (i) Federal agencies with jurisdiction over + the prevention of marine debris or the + promotion of innovative materials; + (ii) State agencies with jurisdiction over + the prevention of marine debris or the + promotion of innovative materials; + (iii) State, regional, or local + conservation or post-consumer materials + management organizations, the mission of which + relates to the prevention of marine debris or + the promotion of innovative materials; + (iv) conservation groups, technology + companies, research institutions, scientists + (including those with expertise in marine + environments) institutions of higher education, + industry, or individual stakeholders with an + interest in the prevention of marine debris or + the promotion of innovative materials; + (v) experts in the area of standards + development regarding the degradation, + breakdown, or recycling of polymers; and + (vi) other relevant experts of the Board's + choosing; + (G) in consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners; - (G) provide advice and consultation to the - Secretary on the selection of judges under section 125 + (H) provide advice and consultation to the + Secretary on the selection of judges under section 124 based on criteria developed in consultation with, and subject to the final approval of, the Secretary; - (H) announce 1 or more annual winners of the prize + (I) announce 1 or more annual winners of the prize competition; - (I) subject to paragraph (2), award 1 or more cash + (J) subject to paragraph (2), award 1 or more cash prizes biennially of not less than $100,000; and - (J) protect against unauthorized use or disclosure + (K) protect against unauthorized use or disclosure by the Marine Debris Foundation of any trade secret or confidential business information of a prize competition participant. @@ -850,7 +656,7 @@ shall comply with the following requirements: Federal agency or non-Federal entity in exchange for a donation for a cash prize awarded under this section. -SEC. 125. JUDGES. +SEC. 124. JUDGES. (a) Appointment.--The Secretary shall appoint not fewer than 3 judges who shall, except as provided in subsection (b), select the 1 or @@ -861,40 +667,34 @@ competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. -SEC. 126. REPORT TO CONGRESS. +SEC. 125. REPORT TO CONGRESS. Not later than 60 days after the date on which a cash prize is -awarded under this subtitle, the Secretary shall submit to the -Committee on Commerce, Science, and Transportation of the Senate and -the Committee on Natural Resources of the House of Representatives a -report on the prize competition that includes-- +awarded under this title, the Secretary shall post on a publicly +available website a report on the prize competition that includes-- (1) a statement by the Committee that describes the activities carried out by the Committee relating to the duties described in section 123; (2) if the Secretary has entered into an agreement under - section 124, a statement by the Marine Debris Foundation that + section 123, a statement by the Marine Debris Foundation that describes the activities carried out by the Marine Debris Foundation relating to the duties described in section 123; and (3) a statement by 1 or more of the judges appointed under - section 125 that explains the basis on which the winner of the + section 124 that explains the basis on which the winner of the cash prize was selected. -SEC. 127. AUTHORIZATION OF APPROPRIATIONS. +SEC. 126. AUTHORIZATION OF APPROPRIATIONS. - (a) Authorization.--There are authorized to be appropriated such -sums as may be necessary for expenses, including administrative -expenses, relating to the prize competition. - (b) Reimbursement of Expenses.--Members of the Committee and judges -appointed under section 125 shall serve without pay, but may be -reimbursed for the actual and necessary traveling and subsistence -expenses. + The Secretary of Commerce shall carry out this title using existing +amounts that are appropriated or otherwise made available to the +Department of Commerce. -SEC. 128. TERMINATION OF AUTHORITY. +SEC. 127. TERMINATION OF AUTHORITY. The prize program will terminate after 5 prize competition cycles have been completed. - Subtitle D--Other Measures Relating to Combating Marine Debris + Subtitle C--Other Measures Relating to Combating Marine Debris SEC. 131. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND ENTREPRENEURSHIP PROGRAMS. @@ -904,12 +704,12 @@ Administrator, and the heads of other relevant Federal agencies, shall prioritize efforts to combat marine debris in innovation and entrepreneurship programs established before the date of the enactment of this Act, including by using such programs to increase innovation in -and the effectiveness of waste management, monitoring, detection, data- -sharing related to the prevalence and location of marine debris, demand -for recycled content, alternative uses for plastic waste, product -design, reduction of disposable plastic consumer products and -packaging, ocean biodegradable materials development, waste prevention, -and cleanup. +and the effectiveness of post-consumer materials management, +monitoring, detection, and data-sharing related to the prevalence and +location of marine debris, demand for recycled content, alternative +uses for plastic waste, product design, reduction of disposable plastic +consumer products and packaging, ocean biodegradable materials +development, waste prevention, and cleanup. SEC. 132. EXPANSION OF DERELICT VESSEL RECYCLING. @@ -964,30 +764,30 @@ Act (33 U.S.C. 1952(d)(2)) is amended-- SEC. 135. MARINE DEBRIS ON NATIONAL FOREST SYSTEM LAND. - (a) Special-Use Authorization.--The Secretary of Agriculture + (a) Special-use Authorization.--The Secretary of Agriculture (referred to in this section as the ``Secretary'') shall not require a volunteer organization to obtain a special-use authorization for the removal of any marine debris being stored on National Forest System land. (b) Temporary Storage.--Marine debris may be stored on National -Forest System land in a location determined by the Secretary for not -more than 60 days. +Forest System land in a location determined by the Secretary for a +period of not more than to 90 days, which may be extended in 90-day +increments with approval by the relevant U.S. Forest Service District +Ranger. (c) Requirements.--Except as otherwise provided in this section, any activities related to the removal of marine debris from National Forest System land shall be conducted in a manner consistent with applicable law and regulations and subject to such reasonable terms and conditions as the Secretary may require. - Subtitle E--Studies and Reports + Subtitle D--Studies and Reports SEC. 141. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC WASTE. - Not later than 2 years after the date of the enactment of this Act, -the Marine Debris Coordinating Committee established under section 5 of -the Marine Debris Act (33 U.S.C. 1954) (in this subtitle referred to as -the ``Interagency Marine Debris Coordinating Committee'') shall submit -to Congress a report on innovative uses for plastic waste other than in -infrastructure. + Not later than 2 years after the date of enactment of this Act, the +Interagency Marine Debris Coordinating Committee shall submit to +Congress a report on innovative uses for plastic waste in consumer +products. SEC. 142. REPORT ON MICROFIBER POLLUTION. @@ -1008,16 +808,22 @@ Congress a report on microfiber pollution that includes-- SEC. 143. STUDY ON UNITED STATES PLASTIC POLLUTION DATA. (a) In General.--The Under Secretary, in consultation with the EPA -Administrator, shall seek to enter into an arrangement with the -National Academies of Sciences, Engineering, and Medicine under which -the National Academies will undertake a multifaceted study that -includes the following: +Administrator and the Secretary of the Interior, shall seek to enter +into an arrangement with the National Academies of Sciences, +Engineering, and Medicine under which the National Academies will +undertake a multifaceted study that includes the following: (1) An evaluation of United States contributions to global ocean plastic waste, including types, sources, and geographic variations. (2) An assessment of the prevalence of marine debris and mismanaged plastic waste in saltwater and freshwater United - States waterways. + States navigable waterways and tributaries. + (3) An examination of the import and export of plastic + waste to and from the United States, including the destinations + of the exported plastic waste and the waste management + infrastructure and environmental conditions of these locations. + (4) Potential means to reduce United States contributions + to global ocean plastic waste. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report on the study conducted under subsection (a) that includes-- @@ -1028,13 +834,7 @@ report on the study conducted under subsection (a) that includes-- marine debris tracking and monitoring system and how such a system might be designed and implemented. -SEC. 144. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE. - - Not later than 2 years after the date of the enactment of this Act, -the Interagency Marine Debris Coordinating Committee shall submit to -Congress a report on minimizing the creation of new plastic waste. - -SEC. 145. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR +SEC. 144. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR POLYMERS. (a) In General.--The National Institute of Standards and Technology @@ -1065,6 +865,33 @@ conducted under subsection (a) that includes-- ensure an appropriate allocation of this content in the finished goods based on auditable bookkeeping. +SEC. 145. REPORT ON SOURCES AND IMPACTS OF DERELICT FISHING GEAR. + + Not later than 2 years after the date of the enactment of this Act, +the Under Secretary shall submit to Congress a report that includes-- + (1) an analysis of the scale of fishing gear losses by + domestic and foreign fisheries, including-- + (A) how the amount of gear lost varies among-- + (i) domestic and foreign fisheries; + (ii) types of fishing gear; and + (iii) methods of fishing; + (B) how lost fishing gear is transported by ocean + currents; and + (C) common reasons fishing gear is lost; + (2) an evaluation of the ecological, human health, and + maritime safety impacts of derelict fishing gear, and how those + impacts vary across-- + (A) types of fishing gear; + (B) materials used to construct fishing gear; and + (C) geographic location; + (3) recommendations on management measures-- + (A) to prevent fishing gear losses; and + (B) to reduce the impacts of lost fishing gear; + (4) an assessment of the cost of implementing such + management measures; and + (5) an assessment of the impact of fishing gear loss + attributable to foreign countries. + TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS SEC. 201. STATEMENT OF POLICY ON INTERNATIONAL COOPERATION TO COMBAT @@ -1078,18 +905,21 @@ recreational fishing industry leaders, and the private sector, in a concerted effort-- (1) to increase knowledge and raise awareness about-- (A) the linkages between the sources of plastic - waste, mismanaged waste, and marine debris; and + waste, mismanaged waste and post-consumer materials, + and marine debris; and (B) the upstream and downstream causes and effects - of plastic waste, mismanaged waste, and marine debris - on marine environments, marine wildlife, human health, - and economic development; + of plastic waste, mismanaged waste and post-consumer + materials, and marine debris on marine environments, + marine wildlife, human health, and economic + development; (2) to support-- - (A) strengthening systems for recovering, managing, - reusing (to the extent practicable), and recycling - plastic waste, marine debris, and microfiber pollution - in the world's oceans, emphasizing upstream waste - management solutions-- - (i) to mitigate plastic waste at its + (A) strengthening systems for reducing the + generation of plastic waste and recovering, managing, + reusing, and recycling plastic waste, marine debris, + and microfiber pollution in the world's oceans, + emphasizing upstream post-consumer materials management + solutions-- + (i) to decrease plastic waste at its source; and (ii) to prevent leakage of plastic waste into the environment; @@ -1100,12 +930,13 @@ concerted effort-- impacts of such alternatives, and other efforts to prevent marine debris; (C) deployment of and access to advanced - technologies to capture value from municipal solid - waste streams through mechanical and other recycling - systems; + technologies to capture value from post-consumer + materials and municipal solid waste streams through + mechanical and other recycling systems; (D) access to information on best practices in - waste management, options for waste system financing, - and options for participating in public-private + post-consumer materials management, options for post- + consumer materials management systems financing, and + options for participating in public-private partnerships; and (E) implementation of management measures to reduce derelict fishing gear, the loss of fishing gear, and @@ -1124,9 +955,9 @@ concerted effort-- (C) to reduce marine debris by improving advance planning for marine debris events and responses to such events; and - (D) to share best practices in waste management - systems to prevent the entry of plastic waste into the - environment. + (D) to share best practices in post-consumer + materials management systems to prevent the entry of + plastic waste into the environment. SEC. 202. PRIORITIZATION OF EFFORTS AND ASSISTANCE TO COMBAT MARINE DEBRIS AND IMPROVE PLASTIC WASTE MANAGEMENT. @@ -1146,23 +977,25 @@ Development, as appropriate, and the officials specified in subsection development and execution, where practicable, of national projects, programs and initiatives to-- (i) improve the capacity, security, and - standards of operations of waste management - systems; - (ii) monitor and track how well waste - management systems are functioning nationwide, - based on uniform and transparent standards - developed in cooperation with municipal, - industrial, and civil society stakeholders; - (iii) identify waste management systems' - operational challenges and develop policy and - programmatic solutions; + standards of operations of post-consumer + materials management systems; + (ii) monitor and track how well post- + consumer materials management systems are + functioning nationwide, based on uniform and + transparent standards developed in cooperation + with municipal, industrial, and civil society + stakeholders; + (iii) identify the operational challenges + of post-consumer materials management systems + and develop policy and programmatic solutions; (iv) end intentional or unintentional incentives for municipalities, industries, and individuals to improperly dispose of plastic waste; and (v) conduct outreach campaigns to raise public awareness of the importance of proper - waste disposal; + waste disposal and the reduction of plastic + waste; (B) to facilitate the involvement of municipalities and industries in improving solid waste reduction, collection, disposal, and reuse and recycling projects, @@ -1172,42 +1005,42 @@ Development, as appropriate, and the officials specified in subsection institutions, including private sector actors, to develop new business opportunities and solutions to specifically reduce plastic waste and expand solid - waste management best practices and waste collection - services in foreign countries by-- + waste and post-consumer materials management best + practices in foreign countries by-- (i) maximizing the number of people and businesses, in both rural and urban - communities, receiving reliable solid waste - management services and using safe and - responsible practices for properly disposing, - including recycling or reusing waste materials; + communities, receiving reliable solid waste and + post-consumer materials management services; (ii) improving and expanding the capacity - of foreign industries to responsibly manage - waste; + of foreign industries to responsibly employ + post-consumer materials management practices; (iii) improving and expanding the capacity and transparency of tracking mechanisms for marine debris to reduce the impacts on the marine environment; (iv) eliminating incentives that undermine - responsible waste management practices and lead - to improper waste disposal practices and - leakage; + responsible post-consumer materials management + practices and lead to improper waste disposal + practices and leakage; (v) building the capacity of countries-- - (I) to monitor, regulate, and - manage waste, plastic waste, and + (I) to reduce, monitor, regulate, + and manage waste, post-consumer + materials and plastic waste, and pollution appropriately and - transparently; + transparently, including imports of + plastic waste from the United States + and other countries; (II) to encourage private - investment in waste management, - including collection services and - responsible and beneficial reuse of - plastic waste products; and + investment in post-consumer materials + management and reduction; and (III) to encourage private investment, grow opportunities, and develop markets for recyclable, reusable, and repurposed plastic waste - materials, and products with high - levels of recycled plastic content, at - both national and local levels; and + and post-consumer materials, and + products with high levels of recycled + plastic content, at both national and + local levels; and (vi) promoting safe and affordable reusable alternatives to disposable plastic products, to the extent practicable; and @@ -1230,10 +1063,11 @@ subsection are the following: State considers appropriate. (c) Prioritization.--In carrying out subsection (a), the officials specified in subsection (b) shall prioritize assistance to countries -with-- +with, and regional organizations in regions with-- (1) rapidly developing economies; and (2) rivers and coastal areas that are the most severe - sources of marine debris. + sources of marine debris, as identified by the best available + science. (d) Effectiveness Measurement.--In prioritizing and expediting efforts and assistance under this section, the officials specified in subsection (b) shall use clear, accountable, and metric-based targets @@ -1248,24 +1082,27 @@ SEC. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA. In implementing the policy described in section 201, the President shall direct the United States representatives to appropriate -international bodies and conferences (such as the United Nations +international bodies and conferences (including the United Nations Environment Programme, the Association of Southeast Asian Nations, the -Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, and -the Our Ocean Conference) to use the voice, vote, and influence of the +Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, the +Organization for Economic Co-Operation and Development (OECD), and the +Our Ocean Conference) to use the voice, vote, and influence of the United States, consistent with the broad foreign policy goals of the United States, to advocate that each such body-- (1) commit to significantly increasing efforts to promote - investment in well-designed waste management and plastic waste - elimination and mitigation projects and services that increase - access to safe waste management and mitigation services, in - partnership with the private sector and consistent with the - constraints of other countries; - (2) address the waste management needs of individuals and - communities where access to municipal waste management services - is historically impractical or cost-prohibitive; + investment in well-designed post-consumer materials management + and plastic waste elimination and mitigation projects and + services that increase access to safe post-consumer materials + management and mitigation services, in partnership with the + private sector and consistent with the constraints of other + countries; + (2) address the post-consumer materials management needs of + individuals and communities where access to municipal post- + consumer materials management services is historically + impractical or cost-prohibitive; (3) enhance coordination with the private sector-- - (A) to increase access to solid waste management - services; + (A) to increase access to solid waste and post- + consumer materials management services; (B) to utilize safe and affordable reusable alternatives to disposable plastic products, to the extent practicable; @@ -1279,12 +1116,11 @@ United States, to advocate that each such body-- authorities and governments to remove unnecessary barriers to investment in otherwise commercially-viable projects related to-- - (A) waste management including recycling; + (A) post-consumer materials management; (B) the use of safe and affordable reusable - alternatives to disposable plastic products, to the - extent practicable; or + alternatives to disposable plastic products; or (C) beneficial reuse of solid waste, plastic waste, - plastic products, and refuse; + post-consumer materials, plastic products, and refuse; (5) use clear, accountable, and metric-based targets to measure the effectiveness of such projects; and (6) engage international partners in an existing @@ -1293,18 +1129,23 @@ United States, to advocate that each such body-- global cooperation on-- (A) creating tangible metrics for evaluating efforts to reduce plastic waste and marine debris; - (B) developing and implementing best practices for - collecting, disposing, recycling, and reusing plastic - waste, including building capacity for improving waste - management at the national and subnational levels of - foreign countries, particularly countries with little - to no solid waste management systems, facilities, or - policies in place; + (B) developing and implementing best practices at + the national and subnational levels of foreign + countries, particularly countries with little to no + solid waste or post-consumer materials management + systems, facilities, or policies in place for-- + (i) collecting, disposing, recycling, and + reusing plastic waste and post-consumer + materials, including building capacity for + improving post-consumer materials management; + and + (ii) integrating alternatives to disposable + plastic products, to the extent practicable; (C) encouraging the development of standards and practices, and increasing recycled content percentage requirements for disposable plastic products; (D) integrating tracking and monitoring systems - into waste management systems; + into post-consumer materials management systems; (E) fostering research to improve scientific understanding of-- (i) how microfibers and microplastics may @@ -1324,13 +1165,15 @@ United States, to advocate that each such body-- United States representatives deem necessary; (F) encouraging the World Bank and other international finance organizations to prioritize - efforts to combat marine debris; + efforts to reduce plastic waste and combat marine + debris; (G) collaborating on technological advances in - waste management and recycled plastics; + post-consumer materials management and recycled + plastics; (H) growing economic opportunities and developing markets for recyclable, reusable, and repurposed - plastic waste materials and other efforts that support - the circular economy; and + plastic waste and post-consumer materials and other + efforts that support the circular economy; and (I) advising foreign countries, at both the national and subnational levels, on the development and execution of regulatory policies, services, including @@ -1338,8 +1181,9 @@ United States, to advocate that each such body-- reducing the creation and the collection and safe management of-- (i) solid waste; - (ii) plastic waste; and - (iii) marine debris. + (ii) post-consumer materials; + (iii) plastic waste; and + (iv) marine debris. SEC. 204. ENHANCING INTERNATIONAL OUTREACH AND PARTNERSHIP OF UNITED STATES AGENCIES INVOLVED IN MARINE DEBRIS ACTIVITIES. @@ -1382,360 +1226,225 @@ President shall, as appropriate-- TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS -SEC. 301. DEFINITIONS. - - In this title: - (1) Intended use plan.--The term ``intended use plan'' - means a plan developed by a State under section 303(c)(1). - (2) State.--The term ``State'' means-- - (A) a State; - (B) an Indian Tribe; - (C) the District of Columbia; and - (D) a territory or possession of the United States. - (3) State loan fund.--The term ``State loan fund'' means a - waste management revolving loan fund established by a State - under section 303(a)(2)(B). - (4) Indian tribe.--The term ``Indian Tribe'' has the - meaning given the term ``Indian tribe'' in section 4 of the - Indian Self-Determination and Education Assistance Act (25 - U.S.C. 5304). - -SEC. 302. STRATEGY FOR IMPROVING WASTE MANAGEMENT, RECYCLING, AND WATER - MANAGEMENT. +SEC. 301. STRATEGY FOR IMPROVING POST-CONSUMER MATERIALS MANAGEMENT AND + WATER MANAGEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall, in consultation with -stakeholders, develop a strategy to improve waste management and -recycling infrastructure, particularly for waste management and -recycling infrastructure systems not meeting national standards under -subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) and -other waste standards, for the purpose of reducing potential leakage of -plastic waste and other solid waste into waterways and oceans. +stakeholders, develop a strategy to improve post-consumer materials +management and infrastructure for the purpose of reducing plastic waste +and other post-consumer materials in waterways and oceans. (b) Release.--On development of the strategy under subsection (a), the EPA Administrator shall-- - (1) distribute the strategy to States and units of local - government; and + (1) distribute the strategy to States; and (2) make the strategy publicly available for use by-- - (A) for-profit private waste management and - recycling entities; and + (A) for-profit private entities involved in post- + consumer materials management; and (B) other nongovernmental entities. - (c) Sense of Congress.--It is the sense of Congress that the -strategy under subsection (a) should include guidance, for the purpose -of reducing potential leakage of plastic waste and other solid waste -into waterways and oceans, relating to-- - (1) the harmonization of waste collection protocols; - (2) the harmonization of recycling protocols for municipal - recycling programs, including-- - (A) best practices for the collection of - residential recyclables; - (B) improved quality and sorting of recyclable - materials through opportunities such as-- - (i) education and awareness programs; - (ii) improved infrastructure, including new - equipment and innovative technologies for - processing of recyclable materials; - (iii) enhanced markets for recycled - material; and - (iv) standardized measurements; and - (C) increasing capacity for more types of plastic - (including plastic films) and other materials to be - collected, processed, and recycled or repurposed into - usable materials or products; - (3) the development of new strategies and programs that + +SEC. 302. SENSE OF THE SENATE FOR ISSUES TO BE INCLUDED IN STRATEGY FOR + POST-CONSUMER MATERIALS MANAGEMENT AND WATER MANAGEMENT. + + It is the sense of the Senate that the strategy under section 301 +should address, for the purpose of reducing plastic waste and other +post-consumer materials in waterways and oceans-- + (1) the harmonization of post-consumer materials management + protocols, including-- + (A) an evaluation of waste streams to determine + which waste streams are most likely to become marine + debris; and + (B) a determination of how to reduce the generation + of products that contribute to those waste streams; + (2) best practices for the collection of post-consumer + recyclables; + (3) improved quality and sorting of post-consumer + recyclable materials through opportunities such as-- + (A) education and awareness programs; + (B) improved infrastructure, including new + equipment and innovative technologies for processing of + recyclable materials; + (C) enhanced markets for recycled material; and + (D) standardized measurements; + (4) increasing capacity, where practicable, for more types + of plastic (including plastic films) and other materials to be + reduced, collected, processed, and recycled or repurposed into + usable materials or products; + (5) the development of new strategies and programs that prioritize engagement and cooperation with States and the - private sector to expedite efforts and assistance in States to + private sector to expedite efforts and assistance for States to partner with, encourage, advise, and facilitate the development and execution, where practicable, of projects, programs, and initiatives-- - (A) to improve the capacity, security, and - standards of operations of waste management systems; - (B) to monitor and track how well waste management - systems are functioning, based on uniform and - transparent standards developed in cooperation with - municipal, industrial, Federal, and civil society - stakeholders; + (A) to improve operations for post-consumer + materials management and reduce the generation of + plastic waste; + (B) to monitor how well post-consumer materials + management entities are functioning; (C)(i) to identify the operational challenges of - waste management systems; and + post-consumer materials management; and (ii) to develop policy and programmatic solutions to those challenges; and (D) to end intentional and unintentional incentives - for municipalities, industries, and individuals to - improperly dispose of municipal solid waste; and - (4) strengthening markets for products with high levels of - recycled plastic content. - (d) Complementary Activities.--It is the sense of Congress that the -strategy developed under subsection (a) should include guidance on -activities that are complementary to the activities described in -subsection (c), such as-- - (1) reducing waste at the source of the waste, including - anti-litter initiatives; - (2) developing effective trash provisions for-- - (A) national pollutant discharge elimination system - permits issued to municipal separate storm sewer - systems under section 402 of the Federal Water - Pollution Control Act (33 U.S.C. 1342); and - (B) stormwater management plans; - (3) capturing trash at stormwater inlets, stormwater - outfalls, or in bodies of water; - (4) providing education and outreach relating to trash - movement and reduction; and - (5) monitoring or modeling waste flows and the reduction of - waste resulting from the implementation of best management - practices. - -SEC. 303. WASTE MANAGEMENT STATE REVOLVING FUNDS. - - (a) Block Grants to States To Establish Loan Funds.-- - (1) In general.--The EPA Administrator shall offer to enter - into agreements with eligible States to make capitalization - block grants, including letters of credit, to the States under - this subsection-- - (A) to support improvements to local waste - management systems, including traditional and - innovative recycling and reuse technologies; + to improperly dispose of post-consumer materials; + (6) strengthening markets for products with high levels of + recycled plastic content; and + (7) the consideration of complementary activities, such + as-- + (A) reducing waste upstream and at the source of + the waste, including anti-litter initiatives; + (B) developing effective post-consumer materials + management provisions in stormwater management plans; + (C) capturing post-consumer materials at stormwater + inlets, at stormwater outfalls, or in bodies of water; + (D) providing education and outreach relating to + post-consumer materials movement and reduction; + (E) monitoring or modeling post-consumer material + flows and the reduction of post-consumer materials + resulting from the implementation of best management + practices; and + (F) incentives for manufacturers to design + packaging and consumer goods that can more easily be + reused, recycled, repurposed, or otherwise removed from + the waste stream after their initial use. + +SEC. 303. GRANT PROGRAMS. + + (a) Post-Consumer Materials Management Infrastructure Grant +Program.-- + (1) In general.--The EPA Administrator may provide grants + to States, as defined in section 2, to implement the strategy + developed under section 301(a) and-- + (A) to support improvements to local post-consumer + materials management, including municipal recycling + programs; (B) to assist local waste management authorities in - making improvements to local waste management systems-- - (i) to meet waste management standards - under subtitle D of the Solid Waste Disposal - Act (42 U.S.C. 6941 et seq.), particularly with - respect to systems falling significantly below - national standards under that subtitle, as - determined by the EPA Administrator; and - (ii) to implement the strategy developed - under section 302(a); + making improvements to local waste management systems; (C) to deploy waste interceptor technologies, such as ``trash wheels'' and litter traps, to manage the collection and cleanup of aggregated waste from waterways; and (D) for such other purposes as the EPA Administrator determines to be appropriate. - (2) Eligibility.--To be eligible to receive a - capitalization block grant under this subsection, a State - shall-- - (A) enter into a capitalization agreement with the - EPA Administrator under paragraph (1); and - (B) establish a waste management revolving State - loan fund. - (3) Deposit.--Funds from a capitalization block grant to a - State under this subsection shall be deposited in the State - loan fund established by the State. - (4) Period.--Funds from a capitalization block grant to a - State under this subsection shall be available to the State for - obligation-- - (A) during the fiscal year for which the funds are - authorized; and - (B) during the following fiscal year. - (5) Allotment.--Funds made available to carry out this - section shall be allotted to States at the discretion of the - EPA Administrator. - (6) Reallotment.--Any funds not obligated by a State by the - last day of the period for which the block grants are available - shall be reallotted in accordance with paragraph (5). - (b) Use of Funds.-- - (1) In general.--Amounts deposited in a State loan fund, - including loan repayments and interest earned on the amounts, - shall be used only-- - (A) for providing loans or loan guarantees; - (B) for outcomes-based or performance payments; or - (C) as a source of reserve and security for - leveraged loans. - (2) Limitations.--Loans or loan guarantees made by a State - under paragraph (1)(A)-- - (A) may be used only for expenditures of a type or - category that the EPA Administrator has determined, - through guidance, will-- - (i) facilitate compliance with an intended - use plan; or - (ii) otherwise significantly further the - purposes described in subparagraphs (A) through - (C) of subsection (a)(1); and - (B) may not be used for the acquisition of real - property or an interest in real property, unless the - acquisition is-- - (i) integral to an intended use plan; and - (ii) from a willing seller. - (c) Intended Use Plans.-- - (1) In general.--After providing for public review and - comment, each State that has entered into a capitalization - agreement under subsection (a)(1) annually shall prepare a plan - that identifies the intended uses of the amounts available from - the State loan fund of the State. - (2) Contents.--An intended use plan shall include-- - (A) a list of the projects to be carried out by - entities receiving the loans in the first fiscal year - that begins after the date of the intended use plan, - including a description of the project; - (B) a description of how the funds will support - disadvantaged communities; - (C) the criteria and methods established for the - use of the funds; and - (D) a description of the financial status of the - State loan fund and the short- and long-term goals of - the State loan fund. - (3) List of projects.--Each State, after notice and - opportunity for public comment, shall publish, and periodically - update, a list of projects in the State that are eligible for - assistance under this section, including-- - (A) the priority assigned to each project; and - (B) to the maximum extent practicable, the expected - funding schedule for each project. - (d) Fund Management.-- - (1) In general.--Each State loan fund shall be established, - maintained, and credited with repayments and interest, and the - fund corpus shall be available in perpetuity in accordance with - this section. - (2) Investment authorized.--To the extent amounts in the - State loan fund of a State are not required for current - obligation or expenditure, the amounts shall be invested in - interest bearing obligations. - (e) State Contributions.--Each capitalization agreement entered -into under subsection (a)(1) shall require that the State deposit in -the State loan fund from State funds an amount equal to not less than -20 percent of the total amount of the block grant to be made to the -State on or before the date on which the block grant payment is made to -the State. - (f) Administration of State Loan Fund.-- - (1) In general.--Each State annually may use not greater - than 4 percent of the funds allotted to the State under this - section to cover the reasonable costs of administration of the - programs under this section, including the recovery of - reasonable costs expended to establish a State loan fund that - are incurred after the date of enactment of this Act. - (2) Guidance and regulations.--The EPA Administrator shall - issue guidance and promulgate regulations as are necessary to - carry out this section, including guidance and regulations-- - (A) to ensure that each State commits and expends - funds allotted to the State under this section as - efficiently as practicable in accordance with this - section and applicable State law; - (B) to prevent waste, fraud, and abuse; and - (C) to ensure that the States receiving block - grants under this section use accounting, audit, and - fiscal procedures that conform to generally accepted - accounting standards. - (3) State report.--Not less frequently than every 2 years, - each State administering a State loan fund under this section - shall submit to the EPA Administrator a report describing the - activities carried out under this section, including the - findings of the most recent audit of the State loan fund and - the entire State allotment. - (4) Audits.--The EPA Administrator shall periodically audit - all State loan funds established by, and all other amounts - allotted to, the States in accordance with procedures - established by the Comptroller General of the United States. - (g) Applicability of Federal Law.-- - (1) In general.--The EPA Administrator shall ensure that - all laborers and mechanics employed on projects funded - directly, or assisted in whole or in part, by a State loan fund - established by this section shall be paid wages at rates not - less than those prevailing on projects of a character similar - in the locality as determined by the Secretary of Labor in - accordance with subchapter IV of chapter 31 of part A of - subtitle II of title 40, United States Code. - (2) Authority.--With respect to the labor standards - specified in paragraph (1), the Secretary of Labor shall have - the authority and functions set forth in Reorganization Plan - Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section - 3145 of title 40, United States Code. - (h) Authorization of Appropriations.--There are authorized to be -appropriated to carry out this section such amounts as are necessary -for each of fiscal years 2020 through 2025. - -SEC. 304. GRANT PROGRAMS. - - (a) Waste Management Infrastructure Grant Program.-- - (1) In general.--The EPA Administrator may provide grants - to units of local government, Indian Tribes, and local waste - management systems-- - (A) to assist those entities in making improvements - to waste management systems-- - (i) to meet waste management standards - established under subtitle D of the Solid Waste - Disposal Act (42 U.S.C. 6941 et seq.); and - (ii) to implement the strategy developed - section 302(a); and - (B) to support improvements to local waste - management systems, including traditional and - innovative recycling and reuse technologies. (2) Applications.--To be eligible to receive a grant under - paragraph (1), an applicant shall submit to the EPA + paragraph (1), the applicant State shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. + (3) Contents of applications.--In developing application + requirements, the EPA Administrator shall consider requesting + that a State applicant provide-- + (A) a description of-- + (i) the project or projects to be carried + out by entities receiving the grant; and + (ii) how the project or projects would + result in the generation of less plastic waste; + (B) a description of how the funds will support + disadvantaged communities; and + (C) an explanation of any limitations, such as flow + control measures, that restrict access to reusable or + recyclable materials. + (4) Report to congress.--Not later than January 1, 2023, + the EPA Administrator shall submit to the Committee on + Environment and Public Works of the Senate and the Committee on + Transportation and Infrastructure of the House of + Representatives a report that includes-- + (A) a description of the activities carried out + under this subsection; + (B) estimates as to how much plastic waste was + prevented from entering the oceans and other waterways + as a result of activities funded by the grant; and + (C) a recommendation on the utility of evolving the + grant program into a new waste management State + revolving fund. (b) Drinking Water Infrastructure Grants.-- (1) In general.--The EPA Administrator may provide - competitive grants to units of local government (including + competitive grants to units of local government, including units of local government that own treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 - U.S.C. 1292))), Indian Tribes, and public water systems (as + U.S.C. 1292)), Indian Tribes, and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in - removing plastic waste from drinking water, including planning, - design, construction, technical assistance, and planning - support for operational adjustments. - (2) Preference.--In making grants under paragraph (1), the - EPA Administrator shall give preference to applicants that-- - (A) seek to improve the removal of microplastics, - including microfibers, from drinking water; and - (B) have demonstrated prior commitment and success - in reducing other pollution sources in drinking water, - such as lead and other contaminants. - (3) Applications.--To be eligible to receive a grant under + reducing and removing plastic waste and post-consumer + materials, including microplastics and microfibers, from + drinking water, including planning, design, construction, + technical assistance, and planning support for operational + adjustments. + (2) Applications.--To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. (c) Wastewater Infrastructure Grants.-- (1) In general.--The EPA Administrator may provide grants - to units of local government (including units of local + to units of local government, including units of local government that own treatment works (as defined in section 212 - of the Federal Water Pollution Control Act (33 U.S.C. 1292))) - and public water systems (as defined in section 1401 of the - Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to - support improvements in removing plastic waste from wastewater. - (2) Preference.--In making grants under paragraph (1), the - EPA Administrator shall give preference to applicants that-- - (A) seek to improve the removal of microplastics, - including microfibers, from wastewater; and - (B) have demonstrated prior commitment and success - in reducing other pollution sources in wastewater, such - as nutrient pollution and other contaminants. - (3) Applications.--To be eligible to receive a grant under + of the Federal Water Pollution Control Act (33 U.S.C. 1292)), + Indian Tribes, and public water systems (as defined in section + 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as + applicable, to support improvements in reducing and removing + plastic waste and post-consumer materials, including + microplastics and microfibers, from wastewater. + (2) Applications.--To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. - (d) Trash-Free Waters Grants.-- + (d) Trash-free Waters Grants.-- (1) In general.--The EPA Administrator may provide grants - to political subdivisions of States and units of local - government, Indian Tribes, and nonprofit organizations-- + to units of local government, Indian Tribes, and nonprofit + organizations-- (A) to support projects to reduce the quantity of - trash in bodies of water by reducing the quantity of - trash at the source of the trash, including anti-litter + solid waste in bodies of water by reducing the quantity + of waste at the source, including through anti-litter initiatives; - (B) to enforce local trash ordinances; - (C) to implement the trash provisions of a national - pollutant discharge elimination system permit issued to - a municipal separate storm sewer system under section - 402 of the Federal Water Pollution Control Act (33 - U.S.C. 1342); - (D) to capture trash at stormwater inlets, - stormwater outfalls, or in bodies of water; - (E) to provide education and outreach about trash - movement and reduction; and - (F) to monitor or model flows of trash, including - monitoring or modeling a reduction in trash as a result - of the implementation of best management practices for - the reduction of trash in sources of drinking water. + (B) to enforce local post-consumer materials + management ordinances; + (C) to implement State or local policies relating + to solid waste; + (D) to capture post-consumer materials at + stormwater inlets, at stormwater outfalls, or in bodies + of water; + (E) to provide education and outreach about post- + consumer materials movement and reduction; and + (F) to monitor or model flows of post-consumer + materials, including monitoring or modeling a reduction + in trash as a result of the implementation of best + management practices for the reduction of plastic waste + and other post-consumer materials in sources of + drinking water. (2) Applications.--To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. - (e) Authorization of Appropriations.-- + (e) Applicability of Federal Law.-- + (1) In general.--The EPA Administrator shall ensure that + all laborers and mechanics employed on projects funded + directly, or assisted in whole or in part, by a grant + established by this section shall be paid wages at rates not + less than those prevailing on projects of a character similar + in the locality as determined by the Secretary of Labor in + accordance with subchapter IV of chapter 31 of part A of + subtitle II of title 40, United States Code. + (2) Authority.--With respect to the labor standards + specified in paragraph (1), the Secretary of Labor shall have + the authority and functions set forth in Reorganization Plan + Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section + 3145 of title 40, United States Code. + (f) Limitation on Use of Funds.--A grant under this section may not +be used (directly or indirectly) as a source of payment (in whole or in +part) of, or security for, an obligation the interest on which is +excluded from gross income under section 103 of the Internal Revenue +Code of 1986. + (g) Authorization of Appropriations.-- (1) In general.--Subject to paragraph (2), there are - authorized to be appropriated such sums as are necessary to - carry out this section. + authorized to be appropriated-- + (A) for the program described subsection (a), + $55,000,000 for each of fiscal years 2021 through 2025; + and + (B) for each of the programs described subsections + (b), (c), and (d), $10,000,000 for each of fiscal years + 2021 through 2025. (2) No impact on other federal funds.-- (A) In general.--No funds shall be made available under paragraph (1) to carry out subsections (b) and @@ -1759,83 +1468,57 @@ SEC. 304. GRANT PROGRAMS. the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.). -SEC. 305. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE. +SEC. 304. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE. (a) In General.--The Secretary of Transportation (referred to in -this section as the ``Secretary'') and the EPA Administrator shall seek -to jointly enter into an arrangement with the National Academies of +this section as the ``Secretary'') and the EPA Administrator shall +jointly enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will-- - (1) conduct a study of the feasibility and advisability of - innovative uses of plastic waste in roadways, bridges, and - other infrastructure; and + (1) conduct a study on the uses of plastic waste in + infrastructure; and (2) as part of the study under paragraph (1)-- - (A) identify international examples of-- - (i) the use of materials described in that - paragraph; and - (ii) projects in which the use of plastic - waste has been applied; - (B) assess the economic benefits, if any, including - employment opportunities, to municipalities and States - in investing in innovative reuse of plastic waste in - infrastructure; and - (C) if the National Academies consider uses - described in that paragraph to be advisable, make - recommendations with respect to what Federal testing - standards and other barriers may need to be addressed - to enable those uses, including with respect to - ensuring human health and safety. + (A) identify domestic and international examples + of-- + (i) the use of plastic waste materials + described in that paragraph; + (ii) infrastructure projects in which the + use of plastic waste has been applied; and + (iii) projects in which the use of plastic + waste has been incorporated into or with other + infrastructure materials; + (B) assess-- + (i) the effectiveness and utility of the + uses of plastic waste described in that + paragraph; + (ii) the extent to which plastic waste + materials are consistent with recognized + specifications for infrastructure construction + and other recognized standards; + (iii) relevant impacts of plastic waste + materials compared to non-waste plastic + materials; + (iv) the health, safety, and environmental + impacts of-- + (I) plastic waste on humans and + animals; and + (II) the increased use of plastic + waste for infrastructure; + (v) the ability of plastic waste + infrastructure to withstand natural disasters, + extreme weather events, and other hazards; and + (vi) plastic waste in infrastructure + through an economic analysis; and + (C) make recommendations with respect to what + standards or matters may need to be addressed with + respect to ensuring human and animal health and safety + from the use of plastic waste in infrastructure. (b) Report Required.--Not later than 2 years after the date of -enactment of this Act, the Secretary shall submit to Congress a report -on the study conducted under subsection (a). - (c) Grant Program.-- - (1) In general.--If the National Academies consider the - innovative uses of plastic waste described in subsection (a)(1) - to be advisable, and the Secretary agrees, the Secretary shall - establish a grant program to encourage those uses. - (2) Demonstration projects.--If the Secretary establishes a - grant program under paragraph (1), the Secretary shall carry - out the grant program by selecting, through a competitive - process, not more than 5 projects to demonstrate the uses - described in subsection (a)(1), each of which shall be located - in a different region of the United States. - (3) Report.--Not later than 180 days after the date on - which the last demonstration project, if any, is completed - under paragraph (2), the Secretary shall submit to Congress a - report summarizing the results of the demonstration projects, - including-- - (A) the total quantity of plastic waste redirected - from the waste stream into infrastructure; - (B) the durability of the infrastructure - constructed with plastic waste; and - (C) any cost savings achieved through the use of - plastic waste in the demonstration projects. - (d) Authorization of Appropriations.--There are authorized to be -appropriated such sums as are necessary to carry out this section. - -SEC. 306. STUDY ON OPTIONS TO ADVANCE TECHNOLOGIES FOR CONVERTING - PLASTIC WASTE TO CHEMICALS, FEEDSTOCKS, AND OTHER - PRODUCTS. - - (a) In General.--The EPA Administrator shall seek to enter into an -arrangement with the National Academies of Sciences, Engineering, and -Medicine under which the National Academies will conduct a study on -options to advance technologies (including pyrolysis, hydropyrolysis, -methanolysis, gasification, and enzymatic breakdown) for converting -plastic waste to useful products, such as chemicals, feedstocks, fuels, -and energy. - (b) Inclusions.--As part of the study under subsection (a), the -National Academies shall conduct an evaluation of-- - (1) the air emissions associated with technologies - described in that subsection; and - (2) an evaluation of the ability of those technologies to - become cost-competitive with other options for obtaining source - materials or producing energy. - (c) Report Required.--Not later than 2 years after the date of the -enactment of this Act, the EPA Administrator shall submit to Congress a -report on the study conducted under subsection (a). +enactment of this Act and subject to the availability of +appropriations, the Secretary and the EPA Administrator shall submit to +Congress a report on the study conducted under subsection (a). -SEC. 307. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND +SEC. 305. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND SOURCES OF DRINKING WATER. (a) In General.--The EPA Administrator, in consultation with the @@ -1844,7 +1527,7 @@ National Academies of Sciences, Engineering, and Medicine under which the National Academies will conduct a human health and environmental risk assessment on microplastics, including microfibers, in food supplies and sources of drinking water. - (b) Report Required.--Not later than 2 years after the date of the + (b) Report Required.--Not later than 2 years after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes-- (1) a science-based definition of ``microplastics'' that @@ -1876,27 +1559,66 @@ report on the study conducted under subsection (a) that includes-- (B) the quantity described in subparagraph (A) that would be available for human exposure through food supplies or sources of drinking water. - (c) Authorization of Appropriations.--There are authorized to be -appropriated such sums as are necessary to carry out this section. -SEC. 308. REPORT ON ELIMINATING BARRIERS TO INCREASE THE COLLECTION OF +SEC. 306. REPORT ON ELIMINATING BARRIERS TO INCREASE THE COLLECTION OF RECYCLABLE MATERIALS. Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing-- - (1) the economic, technological, resource availability, or - other barriers to increasing the collection of recyclable - materials; and + (1) the economic, educational, technological, resource + availability, legal, or other barriers to increasing the + collection, processing, and use of recyclable materials; and (2) recommendations to overcome the barriers described under paragraph (1). -SEC. 309. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW END- +SEC. 307. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW END- USE MARKETS FOR RECYCLED PLASTICS. Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing the most efficient and effective economic incentives to spur the development of -additional new end-use markets for recyclable plastics, including the -use of increased recycled content by manufacturers in the production of -plastic goods and packaging. - \ No newline at end of file +additional new end-use markets for recyclable plastics (including +plastic film), including the use of increased recycled content by +manufacturers in the production of plastic goods and packaging. + +SEC. 308. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE. + + (a) In General.--The EPA Administrator, in coordination with the +Interagency Marine Debris Coordinating Committee and the National +Institute of Standards and Technology, shall conduct a study on +minimizing the creation of new plastic waste. + (b) Report.--Not later than 2 years after the date of enactment of +this Act, the EPA Administrator shall submit to Congress a report on +the study conducted under subsection (a) that includes-- + (1) an estimate of the current and projected United States + consumption of plastics, by type of plastic, including consumer + food products; + (2) an estimate of the environmental effects and impacts of + plastic use in relation to other materials; + (3) an estimate of current and projected future recycling + rates of plastics, by type of plastic; + (4) an assessment of opportunities to minimize the creation + of new plastic waste, including consumer food products, by + reducing, recycling, reusing, refilling, refurbishing, or + capturing plastic that would otherwise be part of a waste + stream; and + (5) an assessment of what recycled content standards for + plastic are technologically and economically feasible, and the + impact of the standards on recycling rates. + + Passed the Senate January 9, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 1982 + +_______________________________________________________________________ + + AN ACT + + To improve efforts to combat marine debris, and for other purposes. From 5d10dd628ea0d38565255c26ecc191feba9a8c8e Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 853/984] Senate-1982: Enrolled --- bills_text/Senate-1982.txt | 2405 ++++++++++++++++-------------------- 1 file changed, 1059 insertions(+), 1346 deletions(-) diff --git a/bills_text/Senate-1982.txt b/bills_text/Senate-1982.txt index 3932695..c45f49c 100644 --- a/bills_text/Senate-1982.txt +++ b/bills_text/Senate-1982.txt @@ -1,20 +1,27 @@ -116th CONGRESS - 2d Session - S. 1982 + S.1982 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To improve efforts to combat marine debris, and for other purposes. + To improve efforts to combat marine debris, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``Save Our Seas 2.0 Act''. (b) Table of Contents.--The table of contents of this Act is as @@ -22,9 +29,14 @@ follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. + TITLE I--COMBATING MARINE DEBRIS - Subtitle A--Marine Debris Foundation + Subtitle A--Amendments to the Marine Debris Act + +Sec. 101. Amendments to the Marine Debris Act. + + Subtitle B--Marine Debris Foundation Sec. 111. Establishment and purposes of Foundation. Sec. 112. Board of Directors of the Foundation. @@ -32,259 +44,261 @@ Sec. 113. Rights and obligations of the Foundation. Sec. 114. Administrative services and support. Sec. 115. Volunteer status. Sec. 116. Report requirements; petition of attorney general for - equitable relief. + equitable relief. Sec. 117. United States release from liability. Sec. 118. Authorization of appropriations. Sec. 119. Termination of authority. - Subtitle B--Genius Prize for Save Our Seas Innovations + + Subtitle C--Genius Prize for Save Our Seas Innovations Sec. 121. Definitions. -Sec. 122. Genius prize for Save Our Seas Innovations. -Sec. 123. Agreement with the marine debris foundation. +Sec. 122. Genius Prize for Save Our Seas Innovations. +Sec. 123. Agreement with the Marine Debris Foundation. Sec. 124. Judges. Sec. 125. Report to Congress. Sec. 126. Authorization of appropriations. Sec. 127. Termination of authority. - Subtitle C--Other Measures Relating to Combating Marine Debris -Sec. 131. Prioritization of marine debris in existing innovation and - entrepreneurship programs. -Sec. 132. Expansion of derelict vessel recycling. -Sec. 133. Incentive for fishermen to collect and dispose of plastic - found at sea. -Sec. 134. Amendments to Marine Debris Program. -Sec. 135. Marine debris on National Forest System land. - Subtitle D--Studies and Reports + Subtitle D--Studies, Pilot Projects, and Reports + +Sec. 131. Report on opportunities for innovative uses of plastic waste. +Sec. 132. Report on microfiber pollution. +Sec. 133. Study on United States plastic pollution data. +Sec. 134. Study on mass balance methodologies to certify circular + polymers. +Sec. 135. Report on sources and impacts of derelict fishing gear. +Sec. 136. Expansion of derelict vessel recycling. +Sec. 137. Incentive for fishermen to collect and dispose of plastic + found at sea. -Sec. 141. Report on opportunities for innovative uses of plastic waste. -Sec. 142. Report on microfiber pollution. -Sec. 143. Study on United States plastic pollution data. -Sec. 144. Study on mass balance methodologies to certify circular - polymers. -Sec. 145. Report on sources and impacts of derelict fishing gear. TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS Sec. 201. Statement of policy on international cooperation to combat - marine debris. + marine debris. Sec. 202. Prioritization of efforts and assistance to combat marine - debris and improve plastic waste - management. + debris and improve plastic waste management. Sec. 203. United States leadership in international fora. Sec. 204. Enhancing international outreach and partnership of United - States agencies involved in marine debris - activities. + States agencies involved in marine debris activities. Sec. 205. Negotiation of new international agreements. Sec. 206. Consideration of marine debris in negotiating international - agreements. - TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS + agreements. -Sec. 301. Strategy for improving post-consumer materials management and - water management. -Sec. 302. Sense of the Senate for issues to be included in strategy for - post-consumer materials management and - water management. -Sec. 303. Grant programs. -Sec. 304. Study on repurposing plastic waste in infrastructure. -Sec. 305. Study on effects of microplastics in food supplies and - sources of drinking water. -Sec. 306. Report on eliminating barriers to increase the collection of - recyclable materials. -Sec. 307. Report on economic incentives to spur development of new end- - use markets for recycled plastics. -Sec. 308. Report on minimizing the creation of new plastic waste. + TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS +Sec. 301. Strategy for improving post-consumer materials management and + water management. +Sec. 302. Grant programs. +Sec. 303. Study on repurposing plastic waste in infrastructure. +Sec. 304. Study on effects of microplastics in food supplies and sources + of drinking water. +Sec. 305. Report on eliminating barriers to increase the collection of + recyclable materials. +Sec. 306. Report on economic incentives to spur development of new end- + use markets for recycled plastics. +Sec. 307. Report on minimizing the creation of new plastic waste. SEC. 2. DEFINITIONS. - In this Act: - (1) Circular economy.--The term ``circular economy'' means - an economy that uses a systems-focused approach and involves - industrial processes and economic activities that-- - (A) are restorative or regenerative by design; - (B) enable resources used in such processes and - activities to maintain their highest values for as long - as possible; and - (C) aim for the elimination of waste through the - superior design of materials, products, and systems - (including business models). - (2) EPA administrator.--The term ``EPA Administrator'' - means the Administrator of the Environmental Protection Agency. - (3) Indian tribe.--The term ``Indian Tribe'' has the - meaning given the term ``Indian tribe'' in section 4 of the - Indian Self-Determination and Education Assistance Act (25 - U.S.C. 5304), without regard to capitalization. - (4) Interagency marine debris coordinating committee.--The - term ``Interagency Marine Debris Coordinating Committee'' means - the Interagency Marine Debris Coordinating Committee - established under section 5 of the Marine Debris Act (33 U.S.C. - 1954). - (5) Marine debris.--The term ``marine debris'' has the - meaning given that term in section 7 of the Marine Debris Act - (33 U.S.C. 1956). - (6) Marine debris event.--The term ``marine debris event'' - means an event or related events that affects or may imminently - affect the United States involving-- - (A) marine debris caused by a natural event, - including a tsunami, flood, landslide, hurricane, or - other natural source; - (B) distinct, nonrecurring marine debris, including - derelict vessel groundings and container spills, that - have immediate or long-term impacts on habitats with - high ecological, economic, or human-use values; or - (C) marine debris caused by an intentional or - grossly negligent act or acts that causes substantial - economic or environmental harm. - (7) Non-federal funds.--The term ``non-Federal funds'' - means funds provided by-- - (A) a State; - (B) an Indian Tribe; - (C) a territory of the United States; - (D) one or more units of local governments or - Tribal organizations (as defined in section 4 of the - Indian Self-Determination and Education Assistance Act - (25 U.S.C. 5304)); - (E) a foreign government; - (F) a private for-profit entity; - (G) a nonprofit organization; or - (H) a private individual. - (8) Nonprofit organization.--The term ``nonprofit - organization'' means an organization that is described in - section 501(c) of the Internal Revenue Code of 1986 and exempt - from tax under section 501(a) of such Code. - (9) Post-consumer materials management.--The term ``post- - consumer materials management'' means the systems, operation, - supervision, and long-term management of processes and - equipment used for post-use material (including packaging, - goods, products, and other materials), including-- - (A) collection; - (B) transport; - (C) safe disposal of waste that cannot be - recovered, reused, recycled, repaired, or refurbished; - and - (D) systems and processes related to post-use - materials that can be recovered, reused, recycled, - repaired, or refurbished. - (10) State.--The term ``State'' means-- - (A) a State; - (B) an Indian Tribe; - (C) the District of Columbia; - (D) a territory or possession of the United States; - or - (E) any political subdivision of an entity - described in subparagraphs (A) through (D). - (11) Under secretary.--The term ``Under Secretary'' means - the Under Secretary of Commerce for Oceans and Atmosphere and - Administrator of the National Oceanic and Atmospheric - Administration. + (1) Circular economy.--The term ``circular economy'' means an + economy that uses a systems-focused approach and involves + industrial processes and economic activities that-- + (A) are restorative or regenerative by design; + (B) enable resources used in such processes and activities + to maintain their highest values for as long as possible; and + (C) aim for the elimination of waste through the superior + design of materials, products, and systems (including business + models). + (2) EPA administrator.--The term ``EPA Administrator'' means + the Administrator of the Environmental Protection Agency. + (3) Indian tribe.--The term ``Indian Tribe'' has the meaning + given the term ``Indian tribe'' in section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5304), + without regard to capitalization. + (4) Interagency marine debris coordinating committee.--The term + ``Interagency Marine Debris Coordinating Committee'' means the + Interagency Marine Debris Coordinating Committee established under + section 5 of the Marine Debris Act (33 U.S.C. 1954). + (5) Marine debris.--The term ``marine debris'' has the meaning + given that term in section 7 of the Marine Debris Act (33 U.S.C. + 1956). + (6) Marine debris event.--The term ``marine debris event'' + means an event or related events that affects or may imminently + affect the United States involving-- + (A) marine debris caused by a natural event, including a + tsunami, flood, landslide, hurricane, or other natural source; + (B) distinct, nonrecurring marine debris, including + derelict vessel groundings and container spills, that have + immediate or long-term impacts on habitats with high + ecological, economic, or human-use values; or + (C) marine debris caused by an intentional or grossly + negligent act or acts that causes substantial economic or + environmental harm. + (7) Non-federal funds.--The term ``non-Federal funds'' means + funds provided by-- + (A) a State; + (B) an Indian Tribe; + (C) a territory of the United States; + (D) one or more units of local governments or Tribal + organizations (as defined in section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5304)); + (E) a foreign government; + (F) a private for-profit entity; + (G) a nonprofit organization; or + (H) a private individual. + (8) Nonprofit organization.--The term ``nonprofit + organization'' means an organization that is described in section + 501(c) of the Internal Revenue Code of 1986 and exempt from tax + under section 501(a) of such Code. + (9) Post-consumer materials management.--The term ``post- + consumer materials management'' means the systems, operation, + supervision, and long-term management of processes and equipment + used for post-use material (including packaging, goods, products, + and other materials), including-- + (A) collection; + (B) transport; + (C) safe disposal of waste that cannot be recovered, + reused, recycled, repaired, or refurbished; and + (D) systems and processes related to post-use materials + that can be recovered, reused, recycled, repaired, or + refurbished. + (10) State.--The term ``State'' means-- + (A) a State; + (B) an Indian Tribe; + (C) the District of Columbia; + (D) a territory or possession of the United States; or + (E) any political subdivision of an entity described in + subparagraphs (A) through (D). + (11) Under secretary.--The term ``Under Secretary'' means the + Under Secretary of Commerce for Oceans and Atmosphere and + Administrator of the National Oceanic and Atmospheric + Administration. TITLE I--COMBATING MARINE DEBRIS - - Subtitle A--Marine Debris Foundation - -SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION. - + Subtitle A--Amendments to the Marine Debris Act + + SEC. 101. AMENDMENTS TO THE MARINE DEBRIS ACT. + The Marine Debris Act (33 U.S.C. 1951 et seq.) is amended-- + (1) in section 2 by striking ``marine environment,'' and + inserting ``marine environment (including waters in the + jurisdiction of the United States, the high seas, and waters in the + jurisdiction of other countries),''; + (2) in section 9(a)-- + (A) by striking ``$10,000,000'' and inserting + ``$15,000,000''; and + (B) by striking ``5 percent'' and inserting ``7 percent''; + and + (3) by adding at the end the following: + ``SEC. 10. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND + ENTREPRENEURSHIP PROGRAMS. + ``In carrying out any relevant innovation and entrepreneurship +programs that improve the innovation, effectiveness, and efficiency of +the Marine Debris Program established under section 3 without +undermining the purpose for which such program was established, the +Secretary of Commerce, the Secretary of Energy, the Administrator of +the Environmental Protection Agency, and the heads of other relevant +Federal agencies, shall prioritize efforts to combat marine debris, +including by-- + ``(1) increasing innovation in methods and the effectiveness of + efforts to identify, determine sources of, assess, prevent, reduce, + and remove marine debris; and + ``(2) addressing the impacts of marine debris on-- + ``(A) the economy of the United States; + ``(B) the marine environment; and + ``(C) navigation safety.''. + + Subtitle B--Marine Debris Foundation + + SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION. (a) Establishment.--There is established the Marine Debris Foundation (in this title referred to as the ``Foundation''). The Foundation is a charitable and nonprofit organization and is not an agency or establishment of the United States. (b) Purposes.--The purposes of the Foundation are-- - (1) to encourage, accept, and administer private gifts of - property for the benefit of, or in connection with, the - activities and services of the National Oceanic and Atmospheric - Administration under the Marine Debris Program established - under section 3 of the Marine Debris Act (33 U.S.C. 1952), and - other relevant programs and agencies; - (2) to undertake and conduct such other activities as will - further the efforts of the National Oceanic and Atmospheric - Administration to assess, prevent, reduce, and remove marine - debris and address the adverse impacts of marine debris on the - economy of the United States, the marine environment, and - navigation safety; - (3) to participate with, and otherwise assist, State, - local, and Tribal governments, foreign governments, entities, - and individuals in undertaking and conducting activities to - assess, prevent, reduce, and remove marine debris and address - the adverse impacts of marine debris and its root causes on the - economy of the United States, the marine environment (including - waters in the jurisdiction of the United States, the high seas, - and waters in the jurisdiction of other countries), and - navigation safety; - (4) to administer the Genius Prize for Save Our Seas - Innovation as described in title II; and - (5) to support other Federal actions to reduce marine - debris. - -SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. - + (1) to encourage, accept, and administer private gifts of + property for the benefit of, or in connection with, the activities + and services of the National Oceanic and Atmospheric Administration + under the Marine Debris Program established under section 3 of the + Marine Debris Act (33 U.S.C. 1952), and other relevant programs and + agencies; + (2) to undertake and conduct such other activities as will + augment efforts of the National Oceanic and Atmospheric + Administration to assess, prevent, reduce, and remove marine debris + and address the adverse impacts of marine debris on the economy of + the United States, the marine environment, and navigation safety; + (3) to participate with, and otherwise assist, State, local, + and Tribal governments, foreign governments, entities, and + individuals in undertaking and conducting activities to assess, + prevent, reduce, and remove marine debris and address the adverse + impacts of marine debris and its root causes on the economy of the + United States, the marine environment (including waters in the + jurisdiction of the United States, the high seas, and waters in the + jurisdiction of other countries), and navigation safety; + (4) subject to an agreement with the Secretary of Commerce, + administer the Genius Prize for Save Our Seas Innovation as + described in title II; and + (5) to support other Federal actions to reduce marine debris. + SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.-- - (1) In general.--The Foundation shall have a governing - Board of Directors (in this title referred to as the - ``Board''), which shall consist of the Under Secretary and 12 - additional Directors appointed in accordance with subsection - (b) from among individuals who are United States citizens. - (2) Representation of diverse points of view.--To the - maximum extent practicable, the membership of the Board shall - represent diverse points of view relating to the assessment, - prevention, reduction, and removal of marine debris. - (3) Not federal employees.--Appointment as a Director of - the Foundation shall not constitute employment by, or the - holding of an office of, the United States for the purpose of - any Federal law. + (1) In general.--The Foundation shall have a governing Board of + Directors (in this title referred to as the ``Board''), which shall + consist of the Under Secretary and 12 additional Directors + appointed in accordance with subsection (b) from among individuals + who are United States citizens. + (2) Representation of diverse points of view.--To the maximum + extent practicable, the membership of the Board shall represent + diverse points of view relating to the assessment, prevention, + reduction, and removal of marine debris. + (3) Not federal employees.--Appointment as a Director of the + Foundation shall not constitute employment by, or the holding of an + office of, the United States for the purpose of any Federal law. (b) Appointment and Terms.-- - (1) Appointment.--Subject to paragraph (2), after - consulting with the EPA Administrator, the Director of the - United States Fish and Wildlife Service, the Assistant - Secretary of State for the Bureau of Oceans and International - Environmental and Scientific Affairs, and the Administrator of - the United States Agency for International Development, and - considering the recommendations submitted by the Board, the - Under Secretary shall appoint 12 Directors who meet the - criteria established by subsection (a), of whom-- - (A) at least 4 shall be educated or experienced in - the assessment, prevention, reduction, or removal of - marine debris, which may include an individual with - expertise in post-consumer materials management or a - circular economy; - (B) at least 2 shall be educated or experienced in - the assessment, prevention, reduction, or removal of - marine debris outside the United States; - (C) at least 2 shall be educated or experienced in - ocean and coastal resource conservation science or - policy; and - (D) at least 2 shall be educated or experienced in - international trade or foreign policy. - (2) Terms.-- - (A) In general.--Subject to subparagraph (B), each - Director (other than the Under Secretary) shall be - appointed for a term of 6 years. - (B) Initial appointments to new member positions.-- - Of the Directors appointed by the Under Secretary under - paragraph (1), the Secretary shall appoint, not later - than 180 days after the date of the enactment of this - Act-- - (i) 4 Directors for a term of 6 years; - (ii) 4 Directors for a term of 4 years; and - (iii) 4 Directors for a term of 2 years. - (3) Vacancies.-- - (A) In general.--The Under Secretary shall fill a - vacancy on the Board. - (B) Term of appointments to fill unexpired terms.-- - An individual appointed to fill a vacancy that occurs - before the expiration of the term of a Director shall - be appointed for the remainder of the term. - (4) Reappointment.--An individual (other than an individual - described in paragraph (1)) shall not serve more than 2 - consecutive terms as a Director, excluding any term of less - than 6 years. - (5) Request for removal.--The executive committee of the - Board may submit to the Under Secretary a letter describing the - nonperformance of a Director and requesting the removal of the - Director from the Board. - (6) Consultation before removal.--Before removing any - Director from the Board, the Under Secretary shall consult with - the Assistant Secretary of State for the Bureau of Oceans and - International Environmental and Scientific Affairs, the - Director of the United States Fish and Wildlife Service, and - the EPA Administrator. + (1) Appointment.--Subject to paragraph (2), after consulting + with the EPA Administrator, the Director of the United States Fish + and Wildlife Service, the Assistant Secretary of State for the + Bureau of Oceans and International Environmental and Scientific + Affairs, and the Administrator of the United States Agency for + International Development, and considering the recommendations + submitted by the Board, the Under Secretary shall appoint 12 + Directors who meet the criteria established by subsection (a), of + whom-- + (A) at least 4 shall be educated or experienced in the + assessment, prevention, reduction, or removal of marine debris, + which may include an individual with expertise in post-consumer + materials management or a circular economy; + (B) at least 2 shall be educated or experienced in the + assessment, prevention, reduction, or removal of marine debris + outside the United States; + (C) at least 2 shall be educated or experienced in ocean + and coastal resource conservation science or policy; and + (D) at least 2 shall be educated or experienced in + international trade or foreign policy. + (2) Terms.-- + (A) In general.--Any Director appointed after the initial + appointments are made under subparagraph (B) (other than the + Under Secretary), shall be appointed for a term of 6 years. + (B) Initial appointments to new member positions.--Of the + Directors appointed by the Under Secretary under paragraph (1), + the Under Secretary shall appoint, not later than 180 days + after the date of the enactment of this Act-- + (i) 4 Directors for a term of 6 years; + (ii) 4 Directors for a term of 4 years; and + (iii) 4 Directors for a term of 2 years. + (3) Vacancies.-- + (A) In general.--The Under Secretary shall fill a vacancy + on the Board. + (B) Term of appointments to fill unexpired terms.--An + individual appointed to fill a vacancy that occurs before the + expiration of the term of a Director shall be appointed for the + remainder of the term. + (4) Reappointment.--An individual shall not serve more than 2 + consecutive terms as a Director, excluding any term of less than 6 + years. + (5) Consultation before removal.--The Under Secretary may + remove a Director from the Board only after consultation with the + Assistant Secretary of State for the Bureau of Oceans and + International Environmental and Scientific Affairs, the Director of + the United States Fish and Wildlife Service, and the EPA + Administrator. (c) Chairman.--The Chairman shall be elected by the Board from its members for a 2-year term. (d) Quorum.--A majority of the current membership of the Board @@ -298,99 +312,89 @@ without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation. (g) General Powers.-- - (1) In general.--The Board may complete the organization of - the Foundation by-- - (A) appointing officers and employees; - (B) adopting a constitution and bylaws consistent - with the purposes of the Foundation and the provisions - of this title; and - (C) undertaking of other such acts as may be - necessary to carry out the provisions of this title. - (2) Limitations on appointment.--The following limitations - apply with respect to the appointment of officers and employees - of the Foundation: - (A) Officers and employees may not be appointed - until the Foundation has sufficient funds to pay them - for their service. Officers and employees of the - Foundation shall be appointed without regard to the - provisions of title 5, United States Code, governing - appointments in the competitive service, and may be - paid without regard to the provisions of chapter 51 and - subchapter III of chapter 53 of such title relating to - classification and General Schedule pay rates. - (B) The first officer or employee appointed by the - Board shall be the Secretary of the Board who-- - (i) shall serve, at the direction of the - Board, as its chief operating officer; and - (ii) shall be knowledgeable and experienced - in matters relating to the assessment, - prevention, reduction, and removal of marine - debris. - -SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. - - (a) In General.--The Foundation-- - (1) shall have perpetual succession; - (2) may conduct business throughout the several States, - territories, and possessions of the United States and abroad; + (1) In general.--The Board may complete the organization of the + Foundation by-- + (A) appointing officers and employees; + (B) adopting a constitution and bylaws consistent with the + purposes of the Foundation and the provisions of this title; and - (3) shall at all times maintain a designated agent - authorized to accept service of process for the Foundation. + (C) undertaking of other such acts as may be necessary to + carry out the provisions of this title. + (2) Limitations on appointment.--The following limitations + apply with respect to the appointment of officers and employees of + the Foundation: + (A) Officers and employees may not be appointed until the + Foundation has sufficient funds to pay them for their service. + Officers and employees of the Foundation shall be appointed + without regard to the provisions of title 5, United States + Code, governing appointments in the competitive service, and + may be paid without regard to the provisions of chapter 51 and + subchapter III of chapter 53 of such title relating to + classification and General Schedule pay rates. + (B) The first officer or employee appointed by the Board + shall be the Secretary of the Board who-- + (i) shall serve, at the direction of the Board, as its + chief operating officer; and + (ii) shall be knowledgeable and experienced in matters + relating to the assessment, prevention, reduction, and + removal of marine debris. + SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. + (a) In General.--The Foundation-- + (1) shall have perpetual succession; + (2) may conduct business throughout the several States, + territories, and possessions of the United States and abroad; and + (3) shall at all times maintain a designated agent authorized + to accept service of process for the Foundation. (b) Service of Process.--The serving of notice to, or service of process upon, the agent required under subsection (a)(3), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (c) Powers.-- - (1) In general.--To carry out its purposes under section - 111, the Foundation shall have, in addition to the powers - otherwise given it under this title, the usual powers of a - corporation acting as a trustee in the District of Columbia, - including the power-- - (A) to accept, receive, solicit, hold, administer, - and use any gift, devise, or bequest, either absolutely - or in trust, of real or personal property or any income - therefrom or other interest therein; - (B) to acquire by purchase or exchange any real or - personal property or interest therein; - (C) to invest any funds provided to the Foundation - by the Federal Government in obligations of the United - States or in obligations or securities that are - guaranteed or insured by the United States; - (D) to deposit any funds provided to the Foundation - by the Federal Government into accounts that are - insured by an agency or instrumentality of the United - States; - (E) to make use of any interest or investment - income that accrues as a consequence of actions taken - under subparagraph (C) or (D) to carry out the purposes - of the Foundation; - (F) to use Federal funds to make payments under - cooperative agreements to provide substantial long-term - benefits for the assessment, prevention, reduction, and - removal of marine debris; - (G) unless otherwise required by the instrument of - transfer, to sell, donate, lease, invest, reinvest, - retain or otherwise dispose of any property or income - therefrom; - (H) to borrow money and issue bonds, debentures, or - other debt instruments; - (I) to sue and be sued, and complain and defend - itself in any court of competent jurisdiction, except - that the Directors of the Foundation shall not be - personally liable, except for gross negligence; - (J) to enter into contracts or other arrangements - with, or provide financial assistance to, public - agencies and private organizations and persons and to - make such payments as may be necessary to carry out its - functions; and - (K) to do any and all acts necessary and proper to - carry out the purposes of the Foundation. - (2) Non-federal contributions to the fund.--A gift, devise, - or bequest may be accepted by the Foundation without regard to - whether the gift, devise, or bequest is encumbered, restricted, - or subject to beneficial interests of private persons if any - current or future interest in the gift, devise, or bequest is - for the benefit of the Foundation. + (1) In general.--To carry out its purposes under section 111, + the Foundation shall have, in addition to the powers otherwise + given it under this title, the usual powers of a corporation acting + as a trustee in the District of Columbia, including the power-- + (A) to accept, receive, solicit, hold, administer, and use + any gift, devise, or bequest, either absolutely or in trust, of + real or personal property or any income therefrom or other + interest therein; + (B) to acquire by purchase or exchange any real or personal + property or interest therein; + (C) to invest any funds provided to the Foundation by the + Federal Government in obligations of the United States or in + obligations or securities that are guaranteed or insured by the + United States; + (D) to deposit any funds provided to the Foundation by the + Federal Government into accounts that are insured by an agency + or instrumentality of the United States; + (E) to make use of any interest or investment income that + accrues as a consequence of actions taken under subparagraph + (C) or (D) to carry out the purposes of the Foundation; + (F) to use Federal funds to make payments under cooperative + agreements to provide substantial long-term benefits for the + assessment, prevention, reduction, and removal of marine + debris; + (G) unless otherwise required by the instrument of + transfer, to sell, donate, lease, invest, reinvest, retain or + otherwise dispose of any property or income therefrom; + (H) to borrow money and issue bonds, debentures, or other + debt instruments; + (I) to sue and be sued, and complain and defend itself in + any court of competent jurisdiction, except that the Directors + of the Foundation shall not be personally liable, except for + gross negligence; + (J) to enter into contracts or other arrangements with, or + provide financial assistance to, public agencies and private + organizations and persons and to make such payments as may be + necessary to carry out its functions; and + (K) to do any and all acts necessary and proper to carry + out the purposes of the Foundation. + (2) Non-federal contributions to the fund.--A gift, devise, or + bequest may be accepted by the Foundation without regard to whether + the gift, devise, or bequest is encumbered, restricted, or subject + to beneficial interests of private persons if any current or future + interest in the gift, devise, or bequest is for the benefit of the + Foundation. (d) Notice to Members of Congress.--The Foundation may not make a grant of Federal funds in an amount greater than $100,000 unless, by not later than 15 days before the grant is made, the Foundation @@ -408,9 +412,7 @@ Under Secretary during the planning of any restoration or remediation action using funds resulting from judgments or settlements relating to the damage to trust resources of the National Oceanic and Atmospheric Administration. - -SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT. - + SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT. (a) Provision of Services.--The Under Secretary may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses, not to exceed the @@ -422,242 +424,212 @@ subsection (a). The Under Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services. - -SEC. 115. VOLUNTEER STATUS. - + SEC. 115. VOLUNTEER STATUS. The Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of Commerce, as volunteers in the performance of the functions authorized in this title. - -SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR - EQUITABLE RELIEF. - + SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR + EQUITABLE RELIEF. (a) Report.--The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural -Resources and the Committee on Energy and Commerce of the House of -Representatives a report-- - (1) describing the proceedings and activities of the - Foundation during that fiscal year, including a full and - complete statement of its receipts, expenditures, and - investments; and - (2) including a detailed statement of the recipient, - amount, and purpose of each grant made by the Foundation in the - fiscal year. - (b) Relief With Respect to Certain Foundation Acts or Failure To +Resources, the Committee on Transportation and Infrastructure, and the +Committee on Energy and Commerce of the House of Representatives a +report-- + (1) describing the proceedings and activities of the Foundation + during that fiscal year, including a full and complete statement of + its receipts, expenditures, and investments; and + (2) including a detailed statement of the recipient, amount, + and purpose of each grant made by the Foundation in the fiscal + year. + (b) Relief With Respect to Certain Foundation Acts or Failure to Act.--If the Foundation-- - (1) engages in, or threatens to engage in, any act, - practice, or policy that is inconsistent with its purposes set - forth in section 111(b), or - (2) refuses, fails, or neglects to discharge its - obligations under this title, or threatens to do so, + (1) engages in, or threatens to engage in, any act, practice, + or policy that is inconsistent with its purposes set forth in + section 111(b); or + (2) refuses, fails, or neglects to discharge its obligations + under this title, or threatens to do so, the Attorney General may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate. - -SEC. 117. UNITED STATES RELEASE FROM LIABILITY. - + SEC. 117. UNITED STATES RELEASE FROM LIABILITY. The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligation of the Foundation. - -SEC. 118. AUTHORIZATION OF APPROPRIATIONS. - + SEC. 118. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.-- - (1) In general.--The Secretary of Commerce shall carry out - this title using existing amounts that are appropriated or - otherwise made available to the Department of Commerce. - (2) Use of appropriated funds.--Subject to paragraph (3), - amounts made available under paragraph (1) shall be provided to - the Foundation to match contributions (whether in currency, - services, or property) made to the Foundation, or to a - recipient of a grant provided by the Foundation, by private - persons and State and local government agencies. - (3) Prohibition on use for administrative expenses.-- - (A) In general.--Except as provided in subparagraph - (B), no Federal funds made available under paragraph - (1) may be used by the Foundation for administrative - expenses of the Foundation, including for salaries, - travel and transportation expenses, and other overhead - expenses. - (B) Exception.--The Secretary may allow the use of - Federal funds made available under paragraph (1) to pay - for salaries during the 18-month period beginning on - the date of the enactment of this Act. + (1) In general.--There are authorized to be appropriated to the + Department of Commerce to carry out this title $10,000,000 for each + of fiscal years 2021 through 2024. + (2) Use of appropriated funds.--Subject to paragraph (3), + amounts made available under paragraph (1) shall be provided to the + Foundation to match contributions (whether in currency, services, + or property) made to the Foundation, or to a recipient of a grant + provided by the Foundation, by private persons and State and local + government agencies. + (3) Prohibition on use for administrative expenses.-- + (A) In general.--Except as provided in subparagraph (B), no + Federal funds made available under paragraph (1) may be used by + the Foundation for administrative expenses of the Foundation, + including for salaries, travel and transportation expenses, and + other overhead expenses. + (B) Exception.--The Secretary may allow the use of Federal + funds made available under paragraph (1) to pay for salaries + during the 18-month period beginning on the date of the + enactment of this Act. (b) Additional Authorization.-- - (1) In general.--In addition to the amounts made available - under subsection (a), the Foundation may accept Federal funds - from a Federal agency under any other Federal law for use by - the Foundation to further the assessment, prevention, - reduction, and removal of marine debris in accordance with the - requirements of this title. - (2) Use of funds accepted from federal agencies.--Federal - funds provided to the Foundation under paragraph (1) shall be - used by the Foundation for matching, in whole or in part, - contributions (whether in currency, services, or property) made - to the Foundation by private persons and State and local - government agencies. + (1) In general.--In addition to the amounts made available + under subsection (a), the Foundation may accept Federal funds from + a Federal agency under any other Federal law for use by the + Foundation to further the assessment, prevention, reduction, and + removal of marine debris in accordance with the requirements of + this title. + (2) Use of funds accepted from federal agencies.--Federal funds + provided to the Foundation under paragraph (1) shall be used by the + Foundation for matching, in whole or in part, contributions + (whether in currency, services, or property) made to the Foundation + by private persons and State and local government agencies. (c) Prohibition on Use of Grant Amounts for Litigation and Lobbying Expenses.--Amounts provided as a grant by the Foundation shall not be used for-- - (1) any expense related to litigation consistent with - Federal-wide cost principles; or - (2) any activity the purpose of which is to influence - legislation pending before Congress consistent with Federal- - wide cost principles. - -SEC. 119. TERMINATION OF AUTHORITY. - + (1) any expense related to litigation consistent with Federal- + wide cost principles; or + (2) any activity the purpose of which is to influence + legislation pending before Congress consistent with Federal-wide + cost principles. + SEC. 119. TERMINATION OF AUTHORITY. The authority of the Foundation under this subtitle shall terminate on the date that is 10 years after the establishment of the Foundation, unless the Foundation is reauthorized by an Act of Congress. - Subtitle B--Genius Prize for Save Our Seas Innovations - -SEC. 121. DEFINITIONS. + Subtitle C--Genius Prize for Save Our Seas Innovations + SEC. 121. DEFINITIONS. In this subtitle: - (1) Prize competition.--The term ``prize competition'' - means the competition for the award of the Genius Prize for - Save Our Seas Innovations established under section 122. - (2) Secretary.--The term ``Secretary'' means the Secretary - of Commerce. - -SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS. - + (1) Prize competition.--The term ``prize competition'' means + the competition for the award of the Genius Prize for Save Our Seas + Innovations established under section 122. + (2) Secretary.--The term ``Secretary'' means the Secretary of + Commerce. + SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS. (a) In General.-- - (1) In general.--Not later than 1 year after the date of - the enactment of this Act, the Secretary shall establish under - section 24 of the Stevenson-Wydler Technology Innovation Act of - 1980 (15 U.S.C. 3719) a prize competition-- - (A) to encourage technological innovation with the - potential to reduce plastic waste, and associated and - potential pollution, and thereby prevent marine debris; - and - (B) to award 1 or more prizes biennially for - projects that advance human understanding and - innovation in removing and preventing plastic waste, in - one of the categories described in paragraph (2). - (2) Categories for projects.--The categories for projects - are: - (A) Advancements in materials used in packaging and - other products that, if such products enter the coastal - or ocean environment, will fully degrade without - harming the environment, wildlife, or human health. - (B) Innovations in production and packaging design - that reduce the use of raw materials, increase recycled - content, encourage reusability and recyclability, and - promote a circular economy. - (C) Improvements in marine debris detection, - monitoring, and cleanup technologies and processes. - (D) Improvements or improved strategies to increase - solid waste collection, processing, sorting, recycling, - or reuse. - (E) New designs or strategies to reduce overall - packaging needs and promote reuse. + (1) In general.--Not later than 1 year after the date of the + enactment of this Act, the Secretary shall establish under section + 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 + U.S.C. 3719) a prize competition-- + (A) to encourage technological innovation with the + potential to reduce plastic waste, and associated and potential + pollution, and thereby prevent marine debris; and + (B) to award 1 or more prizes biennially for projects that + advance human understanding and innovation in removing and + preventing plastic waste, in one of the categories described in + paragraph (2). + (2) Categories for projects.--The categories for projects are: + (A) Advancements in materials used in packaging and other + products that, if such products enter the coastal or ocean + environment, will fully degrade without harming the + environment, wildlife, or human health. + (B) Innovations in production and packaging design that + reduce the use of raw materials, increase recycled content, + encourage reusability and recyclability, and promote a circular + economy. + (C) Improvements in marine debris detection, monitoring, + and cleanup technologies and processes. + (D) Improvements or improved strategies to increase solid + waste collection, processing, sorting, recycling, or reuse. + (E) New designs or strategies to reduce overall packaging + needs and promote reuse. (b) Designation.--The prize competition established under subsection (a) shall be known as the ``Genius Prize for Save Our Seas Innovations''. (c) Prioritization.--In selecting awards for the prize competition, priority shall be given to projects that-- - (1) have a strategy, submitted with the application or - proposal, to move the new technology, process, design, - material, or other product supported by the prize to market- - scale deployment; - (2) support the concept of a circular economy; and - (3) promote development of materials that-- - (A) can fully degrade in the ocean without harming - the environment, wildlife, or human health; and - (B) are to be used in fishing gear or other - maritime products that have an increased likelihood of - entering the coastal or ocean environment as - unintentional waste. - -SEC. 123. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION. - - (a) In General.--The Secretary shall offer to enter into an + (1) have a strategy, submitted with the application or + proposal, to move the new technology, process, design, material, or + other product supported by the prize to market-scale deployment; + (2) support the concept of a circular economy; and + (3) promote development of materials that-- + (A) can fully degrade in the ocean without harming the + environment, wildlife, or human health; and + (B) are to be used in fishing gear or other maritime + products that have an increased likelihood of entering the + coastal or ocean environment as unintentional waste. + SEC. 123. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION. + (a) In General.--The Secretary may offer to enter into an agreement, which may include a grant or cooperative agreement, under -which the Marine Debris Foundation established under title I shall +which the Marine Debris Foundation established under title I may administer the prize competition. (b) Requirements.--An agreement entered into under subsection (a) shall comply with the following requirements: - (1) Duties.--The Marine Debris Foundation shall-- - (A) advertise the prize competition; - (B) solicit prize competition participants; - (C) administer funds relating to the prize - competition; - (D) receive Federal and non-Federal funds-- - (i) to administer the prize competition; - and - (ii) to award a cash prize; - (E) carry out activities to generate contributions - of non-Federal funds to offset, in whole or in part-- - (i) the administrative costs of the prize - competition; and - (ii) the costs of a cash prize; - (F) in the design and award of the prize, consult, - as appropriate with experts from-- - (i) Federal agencies with jurisdiction over - the prevention of marine debris or the - promotion of innovative materials; - (ii) State agencies with jurisdiction over - the prevention of marine debris or the - promotion of innovative materials; - (iii) State, regional, or local - conservation or post-consumer materials - management organizations, the mission of which - relates to the prevention of marine debris or - the promotion of innovative materials; - (iv) conservation groups, technology - companies, research institutions, scientists - (including those with expertise in marine - environments) institutions of higher education, - industry, or individual stakeholders with an - interest in the prevention of marine debris or - the promotion of innovative materials; - (v) experts in the area of standards - development regarding the degradation, - breakdown, or recycling of polymers; and - (vi) other relevant experts of the Board's - choosing; - (G) in consultation with, and subject to final - approval by, the Secretary, develop criteria for the - selection of prize competition winners; - (H) provide advice and consultation to the - Secretary on the selection of judges under section 124 - based on criteria developed in consultation with, and - subject to the final approval of, the Secretary; - (I) announce 1 or more annual winners of the prize - competition; - (J) subject to paragraph (2), award 1 or more cash - prizes biennially of not less than $100,000; and - (K) protect against unauthorized use or disclosure - by the Marine Debris Foundation of any trade secret or - confidential business information of a prize - competition participant. - (2) Additional cash prizes.--The Marine Debris Foundation - may award more than 1 cash prize in a year-- - (A) if the initial cash prize referred to in - paragraph (1)(I) and any additional cash prizes are - awarded using only non-Federal funds; and - (B) consisting of an amount determined by the Under - Secretary after the Secretary is notified by the Marine - Debris Foundation that non-Federal funds are available - for an additional cash prize. - (3) Solicitation of funds.--The Marine Debris Foundation-- - (A) may request and accept Federal funds and non- - Federal funds for a cash prize or administration of the - prize competition; - (B) may accept a contribution for a cash prize in - exchange for the right to name the prize; and - (C) shall not give special consideration to any - Federal agency or non-Federal entity in exchange for a - donation for a cash prize awarded under this section. - -SEC. 124. JUDGES. - + (1) Duties.--The Marine Debris Foundation shall-- + (A) advertise the prize competition; + (B) solicit prize competition participants; + (C) administer funds relating to the prize competition; + (D) receive Federal and non-Federal funds-- + (i) to administer the prize competition; and + (ii) to award a cash prize; + (E) carry out activities to generate contributions of non- + Federal funds to offset, in whole or in part-- + (i) the administrative costs of the prize competition; + and + (ii) the costs of a cash prize; + (F) in the design and award of the prize, consult, as + appropriate with experts from-- + (i) Federal agencies with jurisdiction over the + prevention of marine debris or the promotion of innovative + materials; + (ii) State agencies with jurisdiction over the + prevention of marine debris or the promotion of innovative + materials; + (iii) State, regional, or local conservation or post- + consumer materials management organizations, the mission of + which relates to the prevention of marine debris or the + promotion of innovative materials; + (iv) conservation groups, technology companies, + research institutions, scientists (including those with + expertise in marine environments) institutions of higher + education, industry, or individual stakeholders with an + interest in the prevention of marine debris or the + promotion of innovative materials; + (v) experts in the area of standards development + regarding the degradation, breakdown, or recycling of + polymers; and + (vi) other relevant experts of the Board's choosing; + (G) in consultation with, and subject to final approval by, + the Secretary, develop criteria for the selection of prize + competition winners; + (H) provide advice and consultation to the Secretary on the + selection of judges under section 124 based on criteria + developed in consultation with, and subject to the final + approval of, the Secretary; + (I) announce 1 or more annual winners of the prize + competition; + (J) subject to paragraph (2), award 1 or more cash prizes + biennially of not less than $100,000; and + (K) protect against unauthorized use or disclosure by the + Marine Debris Foundation of any trade secret or confidential + business information of a prize competition participant. + (2) Additional cash prizes.--The Marine Debris Foundation may + award more than 1 cash prize in a year-- + (A) if the initial cash prize referred to in paragraph + (1)(J) and any additional cash prizes are awarded using only + non-Federal funds; and + (B) consisting of an amount determined by the Under + Secretary after the Secretary is notified by the Marine Debris + Foundation that non-Federal funds are available for an + additional cash prize. + (3) Solicitation of funds.--The Marine Debris Foundation-- + (A) may request and accept Federal funds and non-Federal + funds for a cash prize or administration of the prize + competition; + (B) may accept a contribution for a cash prize in exchange + for the right to name the prize; and + (C) shall not give special consideration to any Federal + agency or non-Federal entity in exchange for a donation for a + cash prize awarded under this section. + SEC. 124. JUDGES. (a) Appointment.--The Secretary shall appoint not fewer than 3 judges who shall, except as provided in subsection (b), select the 1 or more annual winners of the prize competition. @@ -666,408 +638,309 @@ subsection (a) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. - -SEC. 125. REPORT TO CONGRESS. - + SEC. 125. REPORT TO CONGRESS. Not later than 60 days after the date on which a cash prize is awarded under this title, the Secretary shall post on a publicly available website a report on the prize competition that includes-- - (1) a statement by the Committee that describes the - activities carried out by the Committee relating to the duties - described in section 123; - (2) if the Secretary has entered into an agreement under - section 123, a statement by the Marine Debris Foundation that - describes the activities carried out by the Marine Debris - Foundation relating to the duties described in section 123; and - (3) a statement by 1 or more of the judges appointed under - section 124 that explains the basis on which the winner of the - cash prize was selected. - -SEC. 126. AUTHORIZATION OF APPROPRIATIONS. - - The Secretary of Commerce shall carry out this title using existing -amounts that are appropriated or otherwise made available to the -Department of Commerce. - -SEC. 127. TERMINATION OF AUTHORITY. - + (1) if the Secretary has entered into an agreement under + section 123, a statement by the Marine Debris Foundation that + describes the activities carried out by the Marine Debris + Foundation relating to the duties described in section 123; and + (2) a statement by 1 or more of the judges appointed under + section 124 that explains the basis on which the winner of the cash + prize was selected. + SEC. 126. AUTHORIZATION OF APPROPRIATIONS. + Of the amounts authorized under section 118(a), the Secretary of +Commerce shall use up to $1,000,000 to carry out this subtitle. + SEC. 127. TERMINATION OF AUTHORITY. The prize program will terminate after 5 prize competition cycles have been completed. - Subtitle C--Other Measures Relating to Combating Marine Debris - -SEC. 131. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND - ENTREPRENEURSHIP PROGRAMS. - - The Secretary of Commerce, the Secretary of Energy, the EPA -Administrator, and the heads of other relevant Federal agencies, shall -prioritize efforts to combat marine debris in innovation and -entrepreneurship programs established before the date of the enactment -of this Act, including by using such programs to increase innovation in -and the effectiveness of post-consumer materials management, -monitoring, detection, and data-sharing related to the prevalence and -location of marine debris, demand for recycled content, alternative -uses for plastic waste, product design, reduction of disposable plastic -consumer products and packaging, ocean biodegradable materials -development, waste prevention, and cleanup. - -SEC. 132. EXPANSION OF DERELICT VESSEL RECYCLING. - - Not later than 1 year after the date of the enactment of this Act, -the Under Secretary and the EPA Administrator shall jointly conduct a -study to determine the feasibility of developing a nationwide derelict -vessel recycling program-- - (1) using as a model the fiberglass boat recycling program - from the pilot project in Rhode Island led by Rhode Island Sea - Grant and its partners; and - (2) including, if possible, recycling of vessels made from - materials other than fiberglass. - -SEC. 133. INCENTIVE FOR FISHERMEN TO COLLECT AND DISPOSE OF PLASTIC - FOUND AT SEA. - - (a) In General.--The Under Secretary shall establish a pilot -program to assess the feasibility and advisability of providing -incentives, such as grants, to fishermen based in the United States who -incidentally capture marine debris while at sea-- - (1) to track or keep the debris on board; and - (2) to dispose of the debris properly on land. - (b) Support for Collection and Removal of Derelict Gear.--The Under -Secretary shall encourage United States efforts, such as the Fishing -for Energy net disposal program, that support-- - (1) collection and removal of derelict fishing gear and - other fishing waste; - (2) disposal or recycling of such gear and waste; and - (3) prevention of the loss of such gear. - -SEC. 134. AMENDMENTS TO MARINE DEBRIS PROGRAM. - - (a) Authorization of Appropriations.--Section 9(a) of the Marine -Debris Act (33 U.S.C. 1958(a)) is amended by-- - (1) striking ``$10,000,000'' and inserting ``$15,000,000''; - and - (2) striking ``5 percent'' and inserting ``7 percent''. - (b) Enhancement of Purpose.--Section 2 of the Marine Debris Act (33 -U.S.C. 1951) is amended by striking ``marine environment,'' and -inserting ``marine environment (including waters in the jurisdiction of -the United States, the high seas, and waters in the jurisdiction of -other countries),''. - (c) Technical Corrections.--Section 3(d)(2) of the Marine Debris -Act (33 U.S.C. 1952(d)(2)) is amended-- - (1) in subparagraph (B), by striking ``the matching - requirement under subparagraph (A)'' and inserting ``a matching - requirement under subparagraph (A) or (C)''; and - (2) in subparagraph (C), in the matter preceding clause - (i), by striking ``Notwithstanding subparagraph (A)'' and - inserting ``Notwithstanding subparagraph (A) and except as - provided in subparagraph (B)''. - -SEC. 135. MARINE DEBRIS ON NATIONAL FOREST SYSTEM LAND. - - (a) Special-use Authorization.--The Secretary of Agriculture -(referred to in this section as the ``Secretary'') shall not require a -volunteer organization to obtain a special-use authorization for the -removal of any marine debris being stored on National Forest System -land. - (b) Temporary Storage.--Marine debris may be stored on National -Forest System land in a location determined by the Secretary for a -period of not more than to 90 days, which may be extended in 90-day -increments with approval by the relevant U.S. Forest Service District -Ranger. - (c) Requirements.--Except as otherwise provided in this section, -any activities related to the removal of marine debris from National -Forest System land shall be conducted in a manner consistent with -applicable law and regulations and subject to such reasonable terms and -conditions as the Secretary may require. - - Subtitle D--Studies and Reports - -SEC. 141. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC WASTE. + Subtitle D--Studies, Pilot Projects, and Reports + SEC. 131. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC + WASTE. Not later than 2 years after the date of enactment of this Act, the Interagency Marine Debris Coordinating Committee shall submit to Congress a report on innovative uses for plastic waste in consumer products. - -SEC. 142. REPORT ON MICROFIBER POLLUTION. - + SEC. 132. REPORT ON MICROFIBER POLLUTION. Not later than 2 years after the date of the enactment of this Act, the Interagency Marine Debris Coordinating Committee shall submit to Congress a report on microfiber pollution that includes-- - (1) a definition for ``microfiber''; - (2) an assessment of the sources, prevalence, and causes of - microfiber pollution; - (3) a recommendation for a standardized methodology to - measure and estimate the prevalence of microfiber pollution; - (4) recommendations for reducing microfiber pollution; and - (5) a plan for how Federal agencies, in partnership with - other stakeholders, can lead on opportunities to reduce - microfiber pollution during the 5-year period beginning on such - date of enactment. - -SEC. 143. STUDY ON UNITED STATES PLASTIC POLLUTION DATA. - + (1) a definition of microfiber; + (2) an assessment of the sources, prevalence, and causes of + microfiber pollution; + (3) a recommendation for a standardized methodology to measure + and estimate the prevalence of microfiber pollution; + (4) recommendations for reducing microfiber pollution; and + (5) a plan for how Federal agencies, in partnership with other + stakeholders, can lead on opportunities to reduce microfiber + pollution during the 5-year period beginning on such date of + enactment. + SEC. 133. STUDY ON UNITED STATES PLASTIC POLLUTION DATA. (a) In General.--The Under Secretary, in consultation with the EPA Administrator and the Secretary of the Interior, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will undertake a multifaceted study that includes the following: - (1) An evaluation of United States contributions to global - ocean plastic waste, including types, sources, and geographic - variations. - (2) An assessment of the prevalence of marine debris and - mismanaged plastic waste in saltwater and freshwater United - States navigable waterways and tributaries. - (3) An examination of the import and export of plastic - waste to and from the United States, including the destinations - of the exported plastic waste and the waste management - infrastructure and environmental conditions of these locations. - (4) Potential means to reduce United States contributions - to global ocean plastic waste. + (1) An evaluation of United States contributions to global + ocean plastic waste, including types, sources, and geographic + variations. + (2) An assessment of the prevalence of marine debris and + mismanaged plastic waste in saltwater and freshwater United States + navigable waterways and tributaries. + (3) An examination of the import and export of plastic waste to + and from the United States, including the destinations of the + exported plastic waste and the waste management infrastructure and + environmental conditions of these locations. + (4) Potential means to reduce United States contributions to + global ocean plastic waste. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report on the study conducted under subsection (a) that includes-- - (1) the findings of the National Academies; - (2) recommendations on knowledge gaps that warrant further - scientific inquiry; and - (3) recommendations on the potential value of a national - marine debris tracking and monitoring system and how such a - system might be designed and implemented. - -SEC. 144. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR - POLYMERS. - + (1) the findings of the National Academies; + (2) recommendations on knowledge gaps that warrant further + scientific inquiry; and + (3) recommendations on the potential value of a national marine + debris tracking and monitoring system and how such a system might + be designed and implemented. + SEC. 134. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR + POLYMERS. (a) In General.--The National Institute of Standards and Technology shall conduct a study of available mass balance methodologies that are or could be readily standardized to certify circular polymers. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Institute shall submit to Congress a report on the study conducted under subsection (a) that includes-- - (1) an identification and assessment of existing mass - balance methodologies, standards, and certification systems - that are or may be applicable to supply chain sustainability of - polymers, considering the full life cycle of the polymer, and - including an examination of-- - (A) the International Sustainability and Carbon - Certification; and - (B) the Roundtable on Sustainable Biomaterials; and - (2) an assessment of any legal or regulatory barriers to - developing a standard and certification system for circular - polymers. + (1) an identification and assessment of existing mass balance + methodologies, standards, and certification systems that are or may + be applicable to supply chain sustainability of polymers, + considering the full life cycle of the polymer, and including an + examination of-- + (A) the International Sustainability and Carbon + Certification; and + (B) the Roundtable on Sustainable Biomaterials; + (2) an assessment of the environmental impacts of the full + lifecycle of circular polymers, including impacts on climate + change; and + (3) an assessment of any legal or regulatory barriers to + developing a standard and certification system for circular + polymers. (c) Definitions.--In this section: - (1) Circular polymers.--The term ``circular polymers'' - means polymers that can be reused multiple times or converted - into a new, higher-quality product. - (2) Mass balance methodology.--The term ``mass balance - methodology'' means the method of chain of custody accounting - designed to track the exact total amount of certain content in - products or materials through the production system and to - ensure an appropriate allocation of this content in the - finished goods based on auditable bookkeeping. - -SEC. 145. REPORT ON SOURCES AND IMPACTS OF DERELICT FISHING GEAR. - + (1) Circular polymers.--The term ``circular polymers'' means + polymers that can be reused multiple times or converted into a new, + higher-quality product. + (2) Mass balance methodology.--The term ``mass balance + methodology'' means the method of chain of custody accounting + designed to track the exact total amount of certain content in + products or materials through the production system and to ensure + an appropriate allocation of this content in the finished goods + based on auditable bookkeeping. + SEC. 135. REPORT ON SOURCES AND IMPACTS OF DERELICT FISHING GEAR. Not later than 2 years after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report that includes-- - (1) an analysis of the scale of fishing gear losses by - domestic and foreign fisheries, including-- - (A) how the amount of gear lost varies among-- - (i) domestic and foreign fisheries; - (ii) types of fishing gear; and - (iii) methods of fishing; - (B) how lost fishing gear is transported by ocean - currents; and - (C) common reasons fishing gear is lost; - (2) an evaluation of the ecological, human health, and - maritime safety impacts of derelict fishing gear, and how those - impacts vary across-- - (A) types of fishing gear; - (B) materials used to construct fishing gear; and - (C) geographic location; - (3) recommendations on management measures-- - (A) to prevent fishing gear losses; and - (B) to reduce the impacts of lost fishing gear; - (4) an assessment of the cost of implementing such - management measures; and - (5) an assessment of the impact of fishing gear loss - attributable to foreign countries. + (1) an analysis of the scale of fishing gear losses by domestic + and foreign fisheries, including-- + (A) how the amount of gear lost varies among-- + (i) domestic and foreign fisheries; + (ii) types of fishing gear; and + (iii) methods of fishing; + (B) how lost fishing gear is transported by ocean currents; + and + (C) common reasons fishing gear is lost; + (2) an evaluation of the ecological, human health, and maritime + safety impacts of derelict fishing gear, and how those impacts vary + across-- + (A) types of fishing gear; + (B) materials used to construct fishing gear; and + (C) geographic location; + (3) recommendations on management measures-- + (A) to prevent fishing gear losses; and + (B) to reduce the impacts of lost fishing gear; + (4) an assessment of the cost of implementing such management + measures; and + (5) an assessment of the impact of fishing gear loss + attributable to foreign countries. + SEC. 136. EXPANSION OF DERELICT VESSEL RECYCLING. + Not later than 1 year after the date of the enactment of this Act, +the Under Secretary and the EPA Administrator shall jointly conduct a +study to determine the feasibility of developing a nationwide derelict +vessel recycling program-- + (1) using as a model the fiberglass boat recycling program from + the pilot project in Rhode Island led by Rhode Island Sea Grant and + its partners; and + (2) including, if possible, recycling of vessels made from + materials other than fiberglass. + SEC. 137. INCENTIVE FOR FISHERMEN TO COLLECT AND DISPOSE OF PLASTIC + FOUND AT SEA. + (a) In General.--The Under Secretary shall establish a pilot +program to assess the feasibility and advisability of providing +incentives, such as grants, to fishermen based in the United States who +incidentally capture marine debris while at sea-- + (1) to track or keep the debris on board; and + (2) to dispose of the debris properly on land. + (b) Support for Collection and Removal of Derelict Gear.--The Under +Secretary shall encourage United States efforts, such as the Fishing +for Energy net disposal program, that support-- + (1) collection and removal of derelict fishing gear and other + fishing waste; + (2) disposal or recycling of such gear and waste; and + (3) prevention of the loss of such gear. TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS -SEC. 201. STATEMENT OF POLICY ON INTERNATIONAL COOPERATION TO COMBAT - MARINE DEBRIS. - + SEC. 201. STATEMENT OF POLICY ON INTERNATIONAL COOPERATION TO + COMBAT MARINE DEBRIS. It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, and the private sector, in a concerted effort-- - (1) to increase knowledge and raise awareness about-- - (A) the linkages between the sources of plastic - waste, mismanaged waste and post-consumer materials, - and marine debris; and - (B) the upstream and downstream causes and effects - of plastic waste, mismanaged waste and post-consumer - materials, and marine debris on marine environments, - marine wildlife, human health, and economic - development; - (2) to support-- - (A) strengthening systems for reducing the - generation of plastic waste and recovering, managing, - reusing, and recycling plastic waste, marine debris, - and microfiber pollution in the world's oceans, - emphasizing upstream post-consumer materials management - solutions-- - (i) to decrease plastic waste at its - source; and - (ii) to prevent leakage of plastic waste - into the environment; - (B) advancing the utilization and availability of - safe and affordable reusable alternatives to disposable - plastic products in commerce, to the extent - practicable, and with consideration for the potential - impacts of such alternatives, and other efforts to - prevent marine debris; - (C) deployment of and access to advanced - technologies to capture value from post-consumer - materials and municipal solid waste streams through - mechanical and other recycling systems; - (D) access to information on best practices in - post-consumer materials management, options for post- - consumer materials management systems financing, and - options for participating in public-private - partnerships; and - (E) implementation of management measures to reduce - derelict fishing gear, the loss of fishing gear, and - other sources of pollution generated from marine - activities and to increase proper disposal and - recycling of fishing gear; and - (3) to work cooperatively with international partners-- - (A) on establishing-- - (i) measurable targets for reducing marine - debris, lost fishing gear, and plastic waste - from all sources; and - (ii) action plans to achieve those targets - with a mechanism to provide regular reporting; - (B) to promote consumer education, awareness, and - outreach to prevent marine debris; - (C) to reduce marine debris by improving advance - planning for marine debris events and responses to such - events; and - (D) to share best practices in post-consumer - materials management systems to prevent the entry of - plastic waste into the environment. - -SEC. 202. PRIORITIZATION OF EFFORTS AND ASSISTANCE TO COMBAT MARINE - DEBRIS AND IMPROVE PLASTIC WASTE MANAGEMENT. - + (1) to increase knowledge and raise awareness about-- + (A) the linkages between the sources of plastic waste, + mismanaged waste and post-consumer materials, and marine + debris; and + (B) the upstream and downstream causes and effects of + plastic waste, mismanaged waste and post-consumer materials, + and marine debris on marine environments, marine wildlife, + human health, and economic development; + (2) to support-- + (A) strengthening systems for reducing the generation of + plastic waste and recovering, managing, reusing, and recycling + plastic waste, marine debris, and microfiber pollution in the + world's oceans, emphasizing upstream post-consumer materials + management solutions-- + (i) to decrease plastic waste at its source; and + (ii) to prevent leakage of plastic waste into the + environment; + (B) advancing the utilization and availability of safe and + affordable reusable alternatives to disposable plastic products + in commerce, to the extent practicable, and with consideration + for the potential impacts of such alternatives, and other + efforts to prevent marine debris; + (C) deployment of and access to advanced technologies to + capture value from post-consumer materials and municipal solid + waste streams through mechanical and other recycling systems; + (D) access to information on best practices in post- + consumer materials management, options for post-consumer + materials management systems financing, and options for + participating in public-private partnerships; and + (E) implementation of management measures to reduce + derelict fishing gear, the loss of fishing gear, and other + sources of pollution generated from marine activities and to + increase proper disposal and recycling of fishing gear; and + (3) to work cooperatively with international partners-- + (A) on establishing-- + (i) measurable targets for reducing marine debris, lost + fishing gear, and plastic waste from all sources; and + (ii) action plans to achieve those targets with a + mechanism to provide regular reporting; + (B) to promote consumer education, awareness, and outreach + to prevent marine debris; + (C) to reduce marine debris by improving advance planning + for marine debris events and responses to such events; and + (D) to share best practices in post-consumer materials + management systems to prevent the entry of plastic waste into + the environment. + SEC. 202. PRIORITIZATION OF EFFORTS AND ASSISTANCE TO COMBAT MARINE + DEBRIS AND IMPROVE PLASTIC WASTE MANAGEMENT. (a) In General.--The Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development, as appropriate, and the officials specified in subsection (b)-- - (1) lead and coordinate efforts to implement the policy - described in section 201; and - (2) develop strategies and implement programs that - prioritize engagement and cooperation with foreign governments, - subnational and local stakeholders, and the private sector to - expedite efforts and assistance in foreign countries-- - (A) to partner with, encourage, advise and - facilitate national and subnational governments on the - development and execution, where practicable, of - national projects, programs and initiatives to-- - (i) improve the capacity, security, and - standards of operations of post-consumer - materials management systems; - (ii) monitor and track how well post- - consumer materials management systems are - functioning nationwide, based on uniform and - transparent standards developed in cooperation - with municipal, industrial, and civil society - stakeholders; - (iii) identify the operational challenges - of post-consumer materials management systems - and develop policy and programmatic solutions; - (iv) end intentional or unintentional - incentives for municipalities, industries, and - individuals to improperly dispose of plastic - waste; and - (v) conduct outreach campaigns to raise - public awareness of the importance of proper - waste disposal and the reduction of plastic - waste; - (B) to facilitate the involvement of municipalities - and industries in improving solid waste reduction, - collection, disposal, and reuse and recycling projects, - programs, and initiatives; - (C) to partner with and provide technical - assistance to investors, and national and local - institutions, including private sector actors, to - develop new business opportunities and solutions to - specifically reduce plastic waste and expand solid - waste and post-consumer materials management best - practices in foreign countries by-- - (i) maximizing the number of people and - businesses, in both rural and urban - communities, receiving reliable solid waste and - post-consumer materials management services; - (ii) improving and expanding the capacity - of foreign industries to responsibly employ - post-consumer materials management practices; - (iii) improving and expanding the capacity - and transparency of tracking mechanisms for - marine debris to reduce the impacts on the - marine environment; - (iv) eliminating incentives that undermine - responsible post-consumer materials management - practices and lead to improper waste disposal - practices and leakage; - (v) building the capacity of countries-- - (I) to reduce, monitor, regulate, - and manage waste, post-consumer - materials and plastic waste, and - pollution appropriately and - transparently, including imports of - plastic waste from the United States - and other countries; - (II) to encourage private - investment in post-consumer materials - management and reduction; and - (III) to encourage private - investment, grow opportunities, and - develop markets for recyclable, - reusable, and repurposed plastic waste - and post-consumer materials, and - products with high levels of recycled - plastic content, at both national and - local levels; and - (vi) promoting safe and affordable reusable - alternatives to disposable plastic products, to - the extent practicable; and - (D) to research, identify, and facilitate - opportunities to promote collection and proper disposal - of damaged or derelict fishing gear. + (1) lead and coordinate efforts to implement the policy + described in section 201; and + (2) develop strategies and implement programs that prioritize + engagement and cooperation with foreign governments, subnational + and local stakeholders, and the private sector to expedite efforts + and assistance in foreign countries-- + (A) to partner with, encourage, advise and facilitate + national and subnational governments on the development and + execution, where practicable, of national projects, programs + and initiatives to-- + (i) improve the capacity, security, and standards of + operations of post-consumer materials management systems; + (ii) monitor and track how well post-consumer materials + management systems are functioning nationwide, based on + uniform and transparent standards developed in cooperation + with municipal, industrial, and civil society stakeholders; + (iii) identify the operational challenges of post- + consumer materials management systems and develop policy + and programmatic solutions; + (iv) end intentional or unintentional incentives for + municipalities, industries, and individuals to improperly + dispose of plastic waste; and + (v) conduct outreach campaigns to raise public + awareness of the importance of proper waste disposal and + the reduction of plastic waste; + (B) to facilitate the involvement of municipalities and + industries in improving solid waste reduction, collection, + disposal, and reuse and recycling projects, programs, and + initiatives; + (C) to partner with and provide technical assistance to + investors, and national and local institutions, including + private sector actors, to develop new business opportunities + and solutions to specifically reduce plastic waste and expand + solid waste and post-consumer materials management best + practices in foreign countries by-- + (i) maximizing the number of people and businesses, in + both rural and urban communities, receiving reliable solid + waste and post-consumer materials management services; + (ii) improving and expanding the capacity of foreign + industries to responsibly employ post-consumer materials + management practices; + (iii) improving and expanding the capacity and + transparency of tracking mechanisms for marine debris to + reduce the impacts on the marine environment; + (iv) eliminating incentives that undermine responsible + post-consumer materials management practices and lead to + improper waste disposal practices and leakage; + (v) building the capacity of countries-- + + (I) to reduce, monitor, regulate, and manage waste, + post-consumer materials and plastic waste, and + pollution appropriately and transparently, including + imports of plastic waste from the United States and + other countries; + (II) to encourage private investment in post- + consumer materials management and reduction; and + (III) to encourage private investment, grow + opportunities, and develop markets for recyclable, + reusable, and repurposed plastic waste and post- + consumer materials, and products with high levels of + recycled plastic content, at both national and local + levels; and + + (vi) promoting safe and affordable reusable + alternatives to disposable plastic products, to the extent + practicable; and + (D) to research, identify, and facilitate opportunities to + promote collection and proper disposal of damaged or derelict + fishing gear. (b) Officials Specified.--The officials specified in this subsection are the following: - (1) The United States Trade Representative. - (2) The Under Secretary. - (3) The EPA Administrator. - (4) The Director of the Trade and Development Agency. - (5) The President and the Board of Directors of the - Overseas Private Investment Corporation or the Chief Executive - Officer and the Board of Directors of the United States - International Development Finance Corporation, as appropriate. - (6) The Chief Executive Officer and the Board of Directors - of the Millennium Challenge Corporation. - (7) The heads of such other agencies as the Secretary of - State considers appropriate. + (1) The United States Trade Representative. + (2) The Under Secretary. + (3) The EPA Administrator. + (4) The Director of the Trade and Development Agency. + (5) The President and the Board of Directors of the Overseas + Private Investment Corporation or the Chief Executive Officer and + the Board of Directors of the United States International + Development Finance Corporation, as appropriate. + (6) The Chief Executive Officer and the Board of Directors of + the Millennium Challenge Corporation. + (7) The Commandant of the Coast Guard, with respect to + pollution from ships. + (8) The heads of such other agencies as the Secretary of State + considers appropriate. (c) Prioritization.--In carrying out subsection (a), the officials specified in subsection (b) shall prioritize assistance to countries with, and regional organizations in regions with-- - (1) rapidly developing economies; and - (2) rivers and coastal areas that are the most severe - sources of marine debris, as identified by the best available - science. + (1) rapidly developing economies; and + (2) rivers and coastal areas that are the most severe sources + of marine debris, as identified by the best available science. (d) Effectiveness Measurement.--In prioritizing and expediting efforts and assistance under this section, the officials specified in subsection (b) shall use clear, accountable, and metric-based targets @@ -1077,9 +950,7 @@ the policy described in section 201. to authorize the modification of or the imposition of limits on the portfolios of any agency or institution led by an official specified in subsection (b). - -SEC. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA. - + SEC. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA. In implementing the policy described in section 201, the President shall direct the United States representatives to appropriate international bodies and conferences (including the United Nations @@ -1089,146 +960,129 @@ Organization for Economic Co-Operation and Development (OECD), and the Our Ocean Conference) to use the voice, vote, and influence of the United States, consistent with the broad foreign policy goals of the United States, to advocate that each such body-- - (1) commit to significantly increasing efforts to promote - investment in well-designed post-consumer materials management - and plastic waste elimination and mitigation projects and - services that increase access to safe post-consumer materials - management and mitigation services, in partnership with the - private sector and consistent with the constraints of other - countries; - (2) address the post-consumer materials management needs of - individuals and communities where access to municipal post- - consumer materials management services is historically - impractical or cost-prohibitive; - (3) enhance coordination with the private sector-- - (A) to increase access to solid waste and post- - consumer materials management services; - (B) to utilize safe and affordable reusable - alternatives to disposable plastic products, to the - extent practicable; - (C) to encourage and incentivize the use of - recycled content; and - (D) to grow economic opportunities and develop - markets for recyclable, reusable, and repurposed - plastic waste materials and other efforts that support - the circular economy; - (4) provide technical assistance to foreign regulatory - authorities and governments to remove unnecessary barriers to - investment in otherwise commercially-viable projects related - to-- - (A) post-consumer materials management; - (B) the use of safe and affordable reusable - alternatives to disposable plastic products; or - (C) beneficial reuse of solid waste, plastic waste, - post-consumer materials, plastic products, and refuse; - (5) use clear, accountable, and metric-based targets to - measure the effectiveness of such projects; and - (6) engage international partners in an existing - multilateral forum (or, if necessary, establish through an - international agreement a new multilateral forum) to improve - global cooperation on-- - (A) creating tangible metrics for evaluating - efforts to reduce plastic waste and marine debris; - (B) developing and implementing best practices at - the national and subnational levels of foreign - countries, particularly countries with little to no - solid waste or post-consumer materials management - systems, facilities, or policies in place for-- - (i) collecting, disposing, recycling, and - reusing plastic waste and post-consumer - materials, including building capacity for - improving post-consumer materials management; - and - (ii) integrating alternatives to disposable - plastic products, to the extent practicable; - (C) encouraging the development of standards and - practices, and increasing recycled content percentage - requirements for disposable plastic products; - (D) integrating tracking and monitoring systems - into post-consumer materials management systems; - (E) fostering research to improve scientific - understanding of-- - (i) how microfibers and microplastics may - affect marine ecosystems, human health and - safety, and maritime activities; - (ii) changes in the amount and regional - concentrations of plastic waste in the ocean, - based on scientific modeling and forecasting; - (iii) the role rivers, streams, and other - inland waterways play in serving as conduits - for mismanaged waste traveling from land to the - ocean; - (iv) effective means to eliminate present - and future leakages of plastic waste into the - environment; and - (v) other related areas of research the - United States representatives deem necessary; - (F) encouraging the World Bank and other - international finance organizations to prioritize - efforts to reduce plastic waste and combat marine - debris; - (G) collaborating on technological advances in - post-consumer materials management and recycled - plastics; - (H) growing economic opportunities and developing - markets for recyclable, reusable, and repurposed - plastic waste and post-consumer materials and other - efforts that support the circular economy; and - (I) advising foreign countries, at both the - national and subnational levels, on the development and - execution of regulatory policies, services, including - recycling and reuse of plastic, and laws pertaining to - reducing the creation and the collection and safe - management of-- - (i) solid waste; - (ii) post-consumer materials; - (iii) plastic waste; and - (iv) marine debris. - -SEC. 204. ENHANCING INTERNATIONAL OUTREACH AND PARTNERSHIP OF UNITED - STATES AGENCIES INVOLVED IN MARINE DEBRIS ACTIVITIES. - + (1) commit to significantly increasing efforts to promote + investment in well-designed post-consumer materials management and + plastic waste elimination and mitigation projects and services that + increase access to safe post-consumer materials management and + mitigation services, in partnership with the private sector and + consistent with the constraints of other countries; + (2) address the post-consumer materials management needs of + individuals and communities where access to municipal post-consumer + materials management services is historically impractical or cost- + prohibitive; + (3) enhance coordination with the private sector-- + (A) to increase access to solid waste and post-consumer + materials management services; + (B) to utilize safe and affordable alternatives to + disposable plastic products, to the extent practicable; + (C) to encourage and incentivize the use of recycled + content; and + (D) to grow economic opportunities and develop markets for + recyclable, compostable, reusable, and repurposed plastic waste + materials and post-consumer materials and other efforts that + support the circular economy; + (4) provide technical assistance to foreign regulatory + authorities and governments to remove unnecessary barriers to + investment in otherwise commercially-viable projects related to-- + (A) post-consumer materials management; + (B) the use of safe and affordable alternatives to + disposable plastic products; or + (C) beneficial reuse of solid waste, plastic waste, post- + consumer materials, plastic products, and refuse; + (5) use clear, accountable, and metric-based targets to measure + the effectiveness of such projects; and + (6) engage international partners in an existing multilateral + forum (or, if necessary, establish through an international + agreement a new multilateral forum) to improve global cooperation + on-- + (A) creating tangible metrics for evaluating efforts to + reduce plastic waste and marine debris; + (B) developing and implementing best practices at the + national and subnational levels of foreign countries, + particularly countries with little to no solid waste or post- + consumer materials management systems, facilities, or policies + in place for-- + (i) collecting, disposing, recycling, and reusing + plastic waste and post-consumer materials, including + building capacity for improving post-consumer materials + management; and + (ii) integrating alternatives to disposable plastic + products, to the extent practicable; + (C) encouraging the development of standards and practices, + and increasing recycled content percentage requirements for + disposable plastic products; + (D) integrating tracking and monitoring systems into post- + consumer materials management systems; + (E) fostering research to improve scientific understanding + of-- + (i) how microfibers and microplastics may affect marine + ecosystems, human health and safety, and maritime + activities; + (ii) changes in the amount and regional concentrations + of plastic waste in the ocean, based on scientific modeling + and forecasting; + (iii) the role rivers, streams, and other inland + waterways play in serving as conduits for mismanaged waste + traveling from land to the ocean; + (iv) effective means to eliminate present and future + leakages of plastic waste into the environment; and + (v) other related areas of research the United States + representatives deem necessary; + (F) encouraging the World Bank and other international + finance organizations to prioritize efforts to reduce plastic + waste and combat marine debris; + (G) collaborating on technological advances in post- + consumer materials management and recycled plastics; + (H) growing economic opportunities and developing markets + for recyclable, compostable, reusable, and repurposed plastic + waste and post-consumer materials and other efforts that + support the circular economy; and + (I) advising foreign countries, at both the national and + subnational levels, on the development and execution of + regulatory policies, services, including recycling and reuse of + plastic, and laws pertaining to reducing the creation and the + collection and safe management of-- + (i) solid waste; + (ii) post-consumer materials; + (iii) plastic waste; and + (iv) marine debris. + SEC. 204. ENHANCING INTERNATIONAL OUTREACH AND PARTNERSHIP OF + UNITED STATES AGENCIES INVOLVED IN MARINE DEBRIS ACTIVITIES. (a) Findings.--Congress recognizes the success of the marine debris program of the National Oceanic and Atmospheric Administration and the Trash-Free Waters program of the Environmental Protection Agency. - (b) Authorization of Efforts To Build Foreign Partnerships.--The + (b) Authorization of Efforts to Build Foreign Partnerships.--The Under Secretary and the EPA Administrator shall work with the Secretary of State and the Administrator of the United States Agency for International Development to build partnerships, as appropriate, with the governments of foreign countries and to support international efforts to combat marine debris. - -SEC. 205. NEGOTIATION OF NEW INTERNATIONAL AGREEMENTS. - + SEC. 205. NEGOTIATION OF NEW INTERNATIONAL AGREEMENTS. Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- - (1) assessing the potential for negotiating new - international agreements or creating a new international forum - to reduce land-based sources of marine debris and derelict - fishing gear, consistent with section 203; - (2) describing the provisions that could be included in - such agreements; and - (3) assessing potential parties to such agreements. - -SEC. 206. CONSIDERATION OF MARINE DEBRIS IN NEGOTIATING INTERNATIONAL - AGREEMENTS. - + (1) assessing the potential for negotiating new international + agreements or creating a new international forum to reduce land- + based sources of marine debris and derelict fishing gear, + consistent with section 203; + (2) describing the provisions that could be included in such + agreements; and + (3) assessing potential parties to such agreements. + SEC. 206. CONSIDERATION OF MARINE DEBRIS IN NEGOTIATING + INTERNATIONAL AGREEMENTS. In negotiating any relevant international agreement with any country or countries after the date of the enactment of this Act, the President shall, as appropriate-- - (1) consider the impact of land-based sources of plastic - waste and other solid waste from that country on the marine and - aquatic environment; and - (2) ensure that the agreement strengthens efforts to - eliminate land-based sources of plastic waste and other solid - waste from that country that impact the marine and aquatic - environment. + (1) consider the impact of land-based sources of plastic waste + and other solid waste from that country on the marine and aquatic + environment; and + (2) ensure that the agreement strengthens efforts to eliminate + land-based sources of plastic waste and other solid waste from that + country that impact the marine and aquatic environment. TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS -SEC. 301. STRATEGY FOR IMPROVING POST-CONSUMER MATERIALS MANAGEMENT AND - WATER MANAGEMENT. - + SEC. 301. STRATEGY FOR IMPROVING POST-CONSUMER MATERIALS MANAGEMENT + AND WATER MANAGEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall, in consultation with stakeholders, develop a strategy to improve post-consumer materials @@ -1236,291 +1090,177 @@ management and infrastructure for the purpose of reducing plastic waste and other post-consumer materials in waterways and oceans. (b) Release.--On development of the strategy under subsection (a), the EPA Administrator shall-- - (1) distribute the strategy to States; and - (2) make the strategy publicly available for use by-- - (A) for-profit private entities involved in post- - consumer materials management; and - (B) other nongovernmental entities. - -SEC. 302. SENSE OF THE SENATE FOR ISSUES TO BE INCLUDED IN STRATEGY FOR - POST-CONSUMER MATERIALS MANAGEMENT AND WATER MANAGEMENT. - - It is the sense of the Senate that the strategy under section 301 -should address, for the purpose of reducing plastic waste and other -post-consumer materials in waterways and oceans-- - (1) the harmonization of post-consumer materials management - protocols, including-- - (A) an evaluation of waste streams to determine - which waste streams are most likely to become marine - debris; and - (B) a determination of how to reduce the generation - of products that contribute to those waste streams; - (2) best practices for the collection of post-consumer - recyclables; - (3) improved quality and sorting of post-consumer - recyclable materials through opportunities such as-- - (A) education and awareness programs; - (B) improved infrastructure, including new - equipment and innovative technologies for processing of - recyclable materials; - (C) enhanced markets for recycled material; and - (D) standardized measurements; - (4) increasing capacity, where practicable, for more types - of plastic (including plastic films) and other materials to be - reduced, collected, processed, and recycled or repurposed into - usable materials or products; - (5) the development of new strategies and programs that - prioritize engagement and cooperation with States and the - private sector to expedite efforts and assistance for States to - partner with, encourage, advise, and facilitate the development - and execution, where practicable, of projects, programs, and - initiatives-- - (A) to improve operations for post-consumer - materials management and reduce the generation of - plastic waste; - (B) to monitor how well post-consumer materials - management entities are functioning; - (C)(i) to identify the operational challenges of - post-consumer materials management; and - (ii) to develop policy and programmatic solutions - to those challenges; and - (D) to end intentional and unintentional incentives - to improperly dispose of post-consumer materials; - (6) strengthening markets for products with high levels of - recycled plastic content; and - (7) the consideration of complementary activities, such - as-- - (A) reducing waste upstream and at the source of - the waste, including anti-litter initiatives; - (B) developing effective post-consumer materials - management provisions in stormwater management plans; - (C) capturing post-consumer materials at stormwater - inlets, at stormwater outfalls, or in bodies of water; - (D) providing education and outreach relating to - post-consumer materials movement and reduction; - (E) monitoring or modeling post-consumer material - flows and the reduction of post-consumer materials - resulting from the implementation of best management - practices; and - (F) incentives for manufacturers to design - packaging and consumer goods that can more easily be - reused, recycled, repurposed, or otherwise removed from - the waste stream after their initial use. - -SEC. 303. GRANT PROGRAMS. - + (1) distribute the strategy to States; and + (2) make the strategy publicly available, including for use + by-- + (A) for-profit private entities involved in post-consumer + materials management; and + (B) other nongovernmental entities. + SEC. 302. GRANT PROGRAMS. (a) Post-Consumer Materials Management Infrastructure Grant Program.-- - (1) In general.--The EPA Administrator may provide grants - to States, as defined in section 2, to implement the strategy - developed under section 301(a) and-- - (A) to support improvements to local post-consumer - materials management, including municipal recycling - programs; - (B) to assist local waste management authorities in - making improvements to local waste management systems; - (C) to deploy waste interceptor technologies, such - as ``trash wheels'' and litter traps, to manage the - collection and cleanup of aggregated waste from - waterways; and - (D) for such other purposes as the EPA - Administrator determines to be appropriate. - (2) Applications.--To be eligible to receive a grant under - paragraph (1), the applicant State shall submit to the EPA - Administrator an application at such time, in such manner, and - containing such information as the EPA Administrator may - require. - (3) Contents of applications.--In developing application - requirements, the EPA Administrator shall consider requesting - that a State applicant provide-- - (A) a description of-- - (i) the project or projects to be carried - out by entities receiving the grant; and - (ii) how the project or projects would - result in the generation of less plastic waste; - (B) a description of how the funds will support - disadvantaged communities; and - (C) an explanation of any limitations, such as flow - control measures, that restrict access to reusable or - recyclable materials. - (4) Report to congress.--Not later than January 1, 2023, - the EPA Administrator shall submit to the Committee on - Environment and Public Works of the Senate and the Committee on - Transportation and Infrastructure of the House of - Representatives a report that includes-- - (A) a description of the activities carried out - under this subsection; - (B) estimates as to how much plastic waste was - prevented from entering the oceans and other waterways - as a result of activities funded by the grant; and - (C) a recommendation on the utility of evolving the - grant program into a new waste management State - revolving fund. + (1) In general.--The EPA Administrator may provide grants to + States to implement the strategy developed under section 301(a) + and-- + (A) to support improvements to local post-consumer + materials management, including municipal recycling programs; + and + (B) to assist local waste management authorities in making + improvements to local waste management systems. + (2) Applications.--To be eligible to receive a grant under + paragraph (1), the applicant State shall submit to the EPA + Administrator an application at such time, in such manner, and + containing such information as the EPA Administrator may require. + (3) Contents of applications.--In developing application + requirements, the EPA Administrator shall consider requesting that + a State applicant provide-- + (A) a description of-- + (i) the project or projects to be carried out using + grant funds; and + (ii) how the project or projects would result in the + generation of less plastic waste; + (B) a description of how the funds will support + disadvantaged communities; and + (C) an explanation of any limitations, such as flow control + measures, that restrict access to reusable or recyclable + materials. + (4) Report to congress.--Not later than January 1, 2023, the + EPA Administrator shall submit to the Committee on Environment and + Public Works of the Senate and the Committee on Transportation and + Infrastructure and the Committee on Energy and Commerce of the + House of Representatives a report that includes-- + (A) a description of the activities carried out under this + subsection; + (B) estimates as to how much plastic waste was prevented + from entering the oceans and other waterways as a result of + activities funded pursuant to this subsection; and + (C) a recommendation on the utility of evolving the grant + program into a new waste management State revolving fund. (b) Drinking Water Infrastructure Grants.-- - (1) In general.--The EPA Administrator may provide - competitive grants to units of local government, including - units of local government that own treatment works (as defined - in section 212 of the Federal Water Pollution Control Act (33 - U.S.C. 1292)), Indian Tribes, and public water systems (as - defined in section 1401 of the Safe Drinking Water Act (42 - U.S.C. 300f)), as applicable, to support improvements in - reducing and removing plastic waste and post-consumer - materials, including microplastics and microfibers, from - drinking water, including planning, design, construction, - technical assistance, and planning support for operational - adjustments. - (2) Applications.--To be eligible to receive a grant under - paragraph (1), an applicant shall submit to the EPA - Administrator an application at such time, in such manner, and - containing such information as the EPA Administrator may - require. + (1) In general.--The EPA Administrator may provide competitive + grants to units of local government, Indian Tribes, and public + water systems (as defined in section 1401 of the Safe Drinking + Water Act (42 U.S.C. 300f)) to support improvements in reducing and + removing plastic waste and post-consumer materials, including + microplastics and microfibers, from drinking water or sources of + drinking water, including planning, design, construction, technical + assistance, and planning support for operational adjustments. + (2) Applications.--To be eligible to receive a grant under + paragraph (1), an applicant shall submit to the EPA Administrator + an application at such time, in such manner, and containing such + information as the EPA Administrator may require. (c) Wastewater Infrastructure Grants.-- - (1) In general.--The EPA Administrator may provide grants - to units of local government, including units of local - government that own treatment works (as defined in section 212 - of the Federal Water Pollution Control Act (33 U.S.C. 1292)), - Indian Tribes, and public water systems (as defined in section - 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as - applicable, to support improvements in reducing and removing - plastic waste and post-consumer materials, including - microplastics and microfibers, from wastewater. - (2) Applications.--To be eligible to receive a grant under - paragraph (1), an applicant shall submit to the EPA - Administrator an application at such time, in such manner, and - containing such information as the EPA Administrator may - require. - (d) Trash-free Waters Grants.-- - (1) In general.--The EPA Administrator may provide grants - to units of local government, Indian Tribes, and nonprofit - organizations-- - (A) to support projects to reduce the quantity of - solid waste in bodies of water by reducing the quantity - of waste at the source, including through anti-litter - initiatives; - (B) to enforce local post-consumer materials - management ordinances; - (C) to implement State or local policies relating - to solid waste; - (D) to capture post-consumer materials at - stormwater inlets, at stormwater outfalls, or in bodies - of water; - (E) to provide education and outreach about post- - consumer materials movement and reduction; and - (F) to monitor or model flows of post-consumer - materials, including monitoring or modeling a reduction - in trash as a result of the implementation of best - management practices for the reduction of plastic waste - and other post-consumer materials in sources of - drinking water. - (2) Applications.--To be eligible to receive a grant under - paragraph (1), an applicant shall submit to the EPA - Administrator an application at such time, in such manner, and - containing such information as the EPA Administrator may - require. + (1) In general.--The EPA Administrator may provide grants to + municipalities (as defined in section 502 of the Federal Water + Pollution Control Act (33 U.S.C. 1362)) or Indian Tribes that own + and operate treatment works (as such term is defined in section 212 + of such Act (33 U.S.C. 1292)) for the construction of improvements + to reduce and remove plastic waste and post-consumer materials, + including microplastics and microfibers, from wastewater. + (2) Applications.--To be eligible to receive a grant under + paragraph (1), an applicant shall submit to the EPA Administrator + an application at such time, in such manner, and containing such + information as the EPA Administrator may require. + (d) Trash-Free Waters Grants.-- + (1) In general.--The EPA Administrator may provide grants to + units of local government, Indian Tribes, and nonprofit + organizations-- + (A) to support projects to reduce the quantity of solid + waste in bodies of water by reducing the quantity of waste at + the source, including through anti-litter initiatives; + (B) to enforce local post-consumer materials management + ordinances; + (C) to implement State or local policies relating to solid + waste; + (D) to capture post-consumer materials at stormwater + inlets, at stormwater outfalls, or in bodies of water; + (E) to provide education and outreach about post-consumer + materials movement and reduction; and + (F) to monitor or model flows of post-consumer materials, + including monitoring or modeling a reduction in trash as a + result of the implementation of best management practices for + the reduction of plastic waste and other post-consumer + materials in sources of drinking water. + (2) Applications.--To be eligible to receive a grant under + paragraph (1), an applicant shall submit to the EPA Administrator + an application at such time, in such manner, and containing such + information as the EPA Administrator may require. (e) Applicability of Federal Law.-- - (1) In general.--The EPA Administrator shall ensure that - all laborers and mechanics employed on projects funded - directly, or assisted in whole or in part, by a grant - established by this section shall be paid wages at rates not - less than those prevailing on projects of a character similar - in the locality as determined by the Secretary of Labor in - accordance with subchapter IV of chapter 31 of part A of - subtitle II of title 40, United States Code. - (2) Authority.--With respect to the labor standards - specified in paragraph (1), the Secretary of Labor shall have - the authority and functions set forth in Reorganization Plan - Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section - 3145 of title 40, United States Code. + (1) In general.--The EPA Administrator shall ensure that all + laborers and mechanics employed on projects funded directly, or + assisted in whole or in part, by a grant established by this + section shall be paid wages at rates not less than those prevailing + on projects of a character similar in the locality as determined by + the Secretary of Labor in accordance with subchapter IV of chapter + 31 of part A of subtitle II of title 40, United States Code. + (2) Authority.--With respect to the labor standards specified + in paragraph (1), the Secretary of Labor shall have the authority + and functions set forth in Reorganization Plan Numbered 14 of 1950 + (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United + States Code. + (3) Requirements.--The requirements of section 608 of the + Federal Water Pollution Control Act (33 U.S.C. 1388) shall apply to + the construction of a project carried out, in whole or in part, + with assistance made available under this section in the same + manner as the requirements of such section apply with respect to + funds made available pursuant to title VI of such Act. (f) Limitation on Use of Funds.--A grant under this section may not be used (directly or indirectly) as a source of payment (in whole or in part) of, or security for, an obligation the interest on which is excluded from gross income under section 103 of the Internal Revenue Code of 1986. - (g) Authorization of Appropriations.-- - (1) In general.--Subject to paragraph (2), there are - authorized to be appropriated-- - (A) for the program described subsection (a), - $55,000,000 for each of fiscal years 2021 through 2025; - and - (B) for each of the programs described subsections - (b), (c), and (d), $10,000,000 for each of fiscal years - 2021 through 2025. - (2) No impact on other federal funds.-- - (A) In general.--No funds shall be made available - under paragraph (1) to carry out subsections (b) and - (c) in a fiscal year if the total amount made available - to carry out the programs described in subparagraph (B) - for that fiscal year is less than the total amount made - available to carry out the programs described in - subparagraph (B) for fiscal year 2019. - (B) Programs described.--The programs referred to - in subparagraph (A) are-- - (i) State drinking water treatment - revolving loan funds established under section - 1452 of the Safe Drinking Water Act (42 U.S.C. - 300j-12); - (ii) programs for assistance for small and - disadvantaged communities under subsections (a) - through (j) of section 1459A of the Safe - Drinking Water Act (42 U.S.C. 300j-19a); and - (iii) State water pollution control - revolving funds established under title VI of - the Federal Water Pollution Control Act (33 - U.S.C. 1381 et seq.). - -SEC. 304. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE. - + (g) Authorization of Appropriations.--There are authorized to be +appropriated-- + (1) for the program described subsection (a), $55,000,000 for + each of fiscal years 2021 through 2025; and + (2) for each of the programs described subsections (b), (c), + and (d), $10,000,000 for each of fiscal years 2021 through 2025. + SEC. 303. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE. (a) In General.--The Secretary of Transportation (referred to in this section as the ``Secretary'') and the EPA Administrator shall jointly enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will-- - (1) conduct a study on the uses of plastic waste in - infrastructure; and - (2) as part of the study under paragraph (1)-- - (A) identify domestic and international examples - of-- - (i) the use of plastic waste materials - described in that paragraph; - (ii) infrastructure projects in which the - use of plastic waste has been applied; and - (iii) projects in which the use of plastic - waste has been incorporated into or with other - infrastructure materials; - (B) assess-- - (i) the effectiveness and utility of the - uses of plastic waste described in that - paragraph; - (ii) the extent to which plastic waste - materials are consistent with recognized - specifications for infrastructure construction - and other recognized standards; - (iii) relevant impacts of plastic waste - materials compared to non-waste plastic - materials; - (iv) the health, safety, and environmental - impacts of-- - (I) plastic waste on humans and - animals; and - (II) the increased use of plastic - waste for infrastructure; - (v) the ability of plastic waste - infrastructure to withstand natural disasters, - extreme weather events, and other hazards; and - (vi) plastic waste in infrastructure - through an economic analysis; and - (C) make recommendations with respect to what - standards or matters may need to be addressed with - respect to ensuring human and animal health and safety - from the use of plastic waste in infrastructure. + (1) conduct a study on the uses of plastic waste in + infrastructure; and + (2) as part of the study under paragraph (1)-- + (A) identify domestic and international examples of-- + (i) the use of plastic waste materials described in + that paragraph; + (ii) infrastructure projects in which the use of + plastic waste has been applied; and + (iii) projects in which the use of plastic waste has + been incorporated into or with other infrastructure + materials; + (B) assess-- + (i) the effectiveness and utility of the uses of + plastic waste described in that paragraph; + (ii) the extent to which plastic waste materials are + consistent with recognized specifications for + infrastructure construction and other recognized standards; + (iii) relevant impacts of plastic waste materials + compared to non-waste plastic materials; + (iv) the health, safety, and environmental impacts of-- + + (I) plastic waste on humans and animals; and + (II) the increased use of plastic waste for + infrastructure; + + (v) the ability of plastic waste infrastructure to + withstand natural disasters, extreme weather events, and + other hazards; and + (vi) plastic waste in infrastructure through an + economic analysis; and + (C) make recommendations with respect to what standards or + matters may need to be addressed with respect to ensuring human + and animal health and safety from the use of plastic waste in + infrastructure. (b) Report Required.--Not later than 2 years after the date of enactment of this Act and subject to the availability of appropriations, the Secretary and the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a). - -SEC. 305. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND - SOURCES OF DRINKING WATER. - + SEC. 304. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND + SOURCES OF DRINKING WATER. (a) In General.--The EPA Administrator, in consultation with the Under Secretary, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which @@ -1530,59 +1270,45 @@ supplies and sources of drinking water. (b) Report Required.--Not later than 2 years after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes-- - (1) a science-based definition of ``microplastics'' that - can be adopted in federally supported monitoring and future - assessments supported or conducted by a Federal agency; - (2) recommendations for standardized monitoring, testing, - and other necessary protocols relating to microplastics; - (3)(A) an assessment of whether microplastics are currently - present in the food supplies and sources of drinking water of - United States consumers; and - (B) if the assessment under subparagraph (A) is positive-- - (i) the extent to which microplastics are present - in the food supplies and sources of drinking water; and - (ii) an assessment of the type, source, prevalence, - and risk of microplastics in the food supplies and - sources of drinking water; - (4) an assessment of the risk posed, if any, by the - presence of microplastics in the food supplies and sources of - drinking water of United States consumers that includes-- - (A) an identification of the most significant - sources of those microplastics; and - (B) a review of the best available science to - determine any potential hazards of microplastics in the - food supplies and sources of drinking water of United - States consumers; and - (5) a measurement of-- - (A) the quantity of environmental chemicals that - absorb to microplastics; and - (B) the quantity described in subparagraph (A) that - would be available for human exposure through food - supplies or sources of drinking water. - -SEC. 306. REPORT ON ELIMINATING BARRIERS TO INCREASE THE COLLECTION OF - RECYCLABLE MATERIALS. - + (1) a science-based definition of ``microplastics'' that can be + adopted in federally supported monitoring and future assessments + supported or conducted by a Federal agency; + (2) recommendations for standardized monitoring, testing, and + other necessary protocols relating to microplastics; + (3) an assessment of-- + (A) the extent to which microplastics are present in the + food supplies and sources of drinking water; and + (B) the type, source, prevalence, and risk of microplastics + in the food supplies and sources of drinking water, including-- + (i) an identification of the most significant sources + of those microplastics; and + (ii) a review of the best available science to + determine any potential hazards of microplastics in the + food supplies and sources of drinking water; and + (4) a measurement of-- + (A) the quantity of environmental chemicals that adsorb to + microplastics; and + (B) the quantity described in subparagraph (A) that would + be available for human exposure through food supplies or + sources of drinking water. + SEC. 305. REPORT ON ELIMINATING BARRIERS TO INCREASE THE COLLECTION + OF RECYCLABLE MATERIALS. Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing-- - (1) the economic, educational, technological, resource - availability, legal, or other barriers to increasing the - collection, processing, and use of recyclable materials; and - (2) recommendations to overcome the barriers described - under paragraph (1). - -SEC. 307. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW END- - USE MARKETS FOR RECYCLED PLASTICS. - + (1) the economic, educational, technological, resource + availability, legal, or other barriers to increasing the + collection, processing, and use of recyclable materials; and + (2) recommendations to overcome the barriers described under + paragraph (1). + SEC. 306. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW + END-USE MARKETS FOR RECYCLED PLASTICS. Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing the most efficient and effective economic incentives to spur the development of -additional new end-use markets for recyclable plastics (including -plastic film), including the use of increased recycled content by -manufacturers in the production of plastic goods and packaging. - -SEC. 308. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE. - +additional new end-use markets for recycled plastics, including plastic +film, including the use of increased recycled content by manufacturers +in the production of plastic goods and packaging. + SEC. 307. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE. (a) In General.--The EPA Administrator, in coordination with the Interagency Marine Debris Coordinating Committee and the National Institute of Standards and Technology, shall conduct a study on @@ -1590,35 +1316,22 @@ minimizing the creation of new plastic waste. (b) Report.--Not later than 2 years after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes-- - (1) an estimate of the current and projected United States - consumption of plastics, by type of plastic, including consumer - food products; - (2) an estimate of the environmental effects and impacts of - plastic use in relation to other materials; - (3) an estimate of current and projected future recycling - rates of plastics, by type of plastic; - (4) an assessment of opportunities to minimize the creation - of new plastic waste, including consumer food products, by - reducing, recycling, reusing, refilling, refurbishing, or - capturing plastic that would otherwise be part of a waste - stream; and - (5) an assessment of what recycled content standards for - plastic are technologically and economically feasible, and the - impact of the standards on recycling rates. - - Passed the Senate January 9, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 1982 - -_______________________________________________________________________ - - AN ACT - - To improve efforts to combat marine debris, and for other purposes. + (1) an estimate of the current and projected United States + production and consumption of plastics, by type of plastic, + including consumer food products; + (2) an estimate of the environmental effects and impacts of + plastic production and use in relation to other materials; + (3) an estimate of current and projected future recycling rates + of plastics, by type of plastic; + (4) an assessment of opportunities to minimize the creation of + new plastic waste, including consumer food products, by reducing, + recycling, reusing, refilling, refurbishing, or capturing plastic + that would otherwise be part of a waste stream; and + (5) an assessment of what post-consumer recycled content + standards for plastic are technologically and economically + feasible, and the impact of the standards on recycling rates. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 16e137dbfae4bd0d0179697f539277b8b5441200 Mon Sep 17 00:00:00 2001 From: "Sen. Schumer, Charles E. [D-NY]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 854/984] Senate-2047: Engrossed in Senate --- bills_text/Senate-2047.txt | 46 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 46 insertions(+) create mode 100644 bills_text/Senate-2047.txt diff --git a/bills_text/Senate-2047.txt b/bills_text/Senate-2047.txt new file mode 100644 index 0000000..8289f7b --- /dev/null +++ b/bills_text/Senate-2047.txt @@ -0,0 +1,46 @@ +116th CONGRESS + 1st Session + S. 2047 + +_______________________________________________________________________ + + AN ACT + + + + To provide for a 2-week extension of the Medicaid community mental + health services demonstration program, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. EXTENSION OF THE MEDICAID COMMUNITY MENTAL HEALTH SERVICES + DEMONSTRATION PROGRAM. + + Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 +(42 U.S.C. 1396a note) is amended by striking ``June 30, 2019'' and +inserting ``July 14, 2019''. + +SEC. 2. MEDICAID IMPROVEMENT FUND. + + Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- +1(b)(1)) is amended by striking ``$6,000,000'' and inserting +``$1,000,000''. + + Passed the Senate June 27, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 2047 + +_______________________________________________________________________ + + AN ACT + + To provide for a 2-week extension of the Medicaid community mental + health services demonstration program, and for other purposes. From 94356667473a46be2027a2632642658ad1489432 Mon Sep 17 00:00:00 2001 From: "Sen. Schumer, Charles E. [D-NY]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 855/984] Senate-2047: Enrolled --- bills_text/Senate-2047.txt | 46 ++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 27 deletions(-) diff --git a/bills_text/Senate-2047.txt b/bills_text/Senate-2047.txt index 8289f7b..a45decf 100644 --- a/bills_text/Senate-2047.txt +++ b/bills_text/Senate-2047.txt @@ -1,46 +1,38 @@ -116th CONGRESS - 1st Session - S. 2047 + S.2047 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To provide for a 2-week extension of the Medicaid community mental + To provide for a 2-week extension of the Medicaid community mental health services demonstration program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. EXTENSION OF THE MEDICAID COMMUNITY MENTAL HEALTH SERVICES - DEMONSTRATION PROGRAM. - +DEMONSTRATION PROGRAM. Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note) is amended by striking ``June 30, 2019'' and inserting ``July 14, 2019''. - SEC. 2. MEDICAID IMPROVEMENT FUND. - Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- 1(b)(1)) is amended by striking ``$6,000,000'' and inserting ``$1,000,000''. - Passed the Senate June 27, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - S. 2047 - -_______________________________________________________________________ - - AN ACT - - To provide for a 2-week extension of the Medicaid community mental - health services demonstration program, and for other purposes. + Vice President of the United States and + President of the Senate. From 5090f254e749b13d8b964ea68264e7baa46520ab Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 856/984] Senate-2107: Introduced to Senate --- bills_text/Senate-2107.txt | 140 +++++++++++++++++++++++++++++++++++++ 1 file changed, 140 insertions(+) create mode 100644 bills_text/Senate-2107.txt diff --git a/bills_text/Senate-2107.txt b/bills_text/Senate-2107.txt new file mode 100644 index 0000000..0ddd94c --- /dev/null +++ b/bills_text/Senate-2107.txt @@ -0,0 +1,140 @@ +116th CONGRESS + 1st Session + S. 2107 + +To increase the number of CBP Agriculture Specialists and support staff + in the Office of Field Operations of U.S. Customs and Border + Protection, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 11, 2019 + + Mr. Peters (for himself, Mr. Roberts, Mr. Cornyn, and Ms. Stabenow) +introduced the following bill; which was read twice and referred to the + Committee on Homeland Security and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + +To increase the number of CBP Agriculture Specialists and support staff + in the Office of Field Operations of U.S. Customs and Border + Protection, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Protecting America's Food and +Agriculture Act of 2019''. + +SEC. 2. FINDING. + + Congress finds that-- + (1) it is in the national security interest of the United + States to ensure that the Nation's food supply is sufficiently + protected; and + (2) a vital part of such protection is the availability of + adequate resources at the border to conduct inspections of + incoming food and agricultural goods. + +SEC. 3. DEFINITIONS. + + In this Act: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Homeland Security and + Governmental Affairs of the Senate; + (B) the Committee on Agriculture, Nutrition, and + Forestry of the Senate; + (C) the Committee on Homeland Security of the House + of Representatives; and + (D) the Committee on Agriculture of the House of + Representatives. + (2) CBP.--The term ``CBP'' means U.S. Customs and Border + Protection. + +SEC. 4. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL. + + (a) CBP Agriculture Specialists.--The Commissioner of U.S. Customs +and Border Protection may hire, train, and assign 240 new CBP +Agriculture Specialists above the current attrition level during every +fiscal year until the total number of CBP Agriculture Specialists +equals and sustains the requirements identified each year in the +Agriculture Resource Allocation Model. + (b) Mission and Operational Support Staff.-- + (1) In general.--The Commissioner of U.S. Customs and + Border Protection may hire, train, and assign support staff to + support CBP Agriculture Specialists. + (2) CBP agriculture technicians.--The Commissioner of U.S. + Customs and Border Protection may hire, train, and assign 200 + new CBP Agriculture Technicians during each fiscal year until + the total number of CBP Agriculture Technicians equals and + sustains the requirements identified each year in the Mission + and Operational Support Resource Allocation Model. + (c) CBP Agriculture Canine Teams.--The Commissioner of U.S. Customs +and Border Protection may hire, train, and assign 20 new CBP +agriculture canine teams during each of the first 3 fiscal years +beginning after the date of the enactment of this Act. + (d) Traffic Forecasts.--In calculating the number of CBP +Agriculture Specialists needed at each port of entry through the +Agriculture Resource Allocation Model, the Office of Field Operations +shall-- + (1) rely on data collected regarding the inspections and + other activities conducted at each such port of entry; and + (2) consider volume from seasonal surges, other projected + changes in commercial and passenger volumes, the most current + commercial forecasts, and other relevant information. + (e) Authorization of Appropriations.-- + (1) CBP agriculture specialists.--There is authorized to be + appropriated to carry out subsection (a)-- + (A) $29,900,000 for fiscal year 2020; + (B) $36,100,000 for fiscal year 2021; and + (C) $40,500,000 for fiscal year 2022. + (2) CBP agriculture technicians.--There is authorized to be + appropriated to carry out subsection (b)-- + (A) $11,000,000 for fiscal year 2020; + (B) $25,000,000 for fiscal year 2021; and + (C) $38,000,000 for fiscal year 2022. + (3) CBP agriculture canine teams.--There is authorized to + be appropriated to carry out subsection (c)-- + (A) $3,500,000 for fiscal year 2020; + (B) $7,400,000 for fiscal year 2021; and + (C) $12,200,000 for fiscal year 2022. + (4) Training.--There is authorized to be appropriated for + training costs associated with the new CBP personnel and canine + teams hired pursuant to subsections (a), (b), and (c) + $6,000,000 for each of the fiscal years 2020, 2021, and 2022. + +SEC. 5. GAO STUDY, BRIEFING, AND REPORT. + + (a) Study.--The Comptroller General of the United States, after +consultation with the appropriate congressional committees, shall +conduct a review of the efforts of the Department of Homeland Security, +the Department of Agriculture, and other Federal agencies to address +risks to the agricultural supply that analyzes-- + (1) interagency coordination and the distribution of + responsibilities among Federal agencies with respect to the + inspection of agricultural commodities entering the United + States; + (2) the effectiveness of such inspection responsibilities + among Federal agencies; and + (3) the training provided to, and working conditions of, + CBP Agriculture Specialists. + (b) Briefing.--Not later than 1 year after the date of the +enactment of this Act, the Comptroller General shall brief the +appropriate congressional committees regarding the results of the study +conducted pursuant to subsection (a). + (c) Report.--Not later than 90 days after the briefing required +under subsection (b), the Comptroller General shall complete the study +required under subsection (a) and make the results of the study +available to the public. + \ No newline at end of file From 404f14c8caf9831b241c761e2f7b0a4d024bd9d8 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 857/984] Senate-2107: Engrossed in Senate --- bills_text/Senate-2107.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-2107.txt b/bills_text/Senate-2107.txt index 0ddd94c..f1b0c3e 100644 --- a/bills_text/Senate-2107.txt +++ b/bills_text/Senate-2107.txt @@ -2,25 +2,9 @@ 1st Session S. 2107 -To increase the number of CBP Agriculture Specialists and support staff - in the Office of Field Operations of U.S. Customs and Border - Protection, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - July 11, 2019 - - Mr. Peters (for himself, Mr. Roberts, Mr. Cornyn, and Ms. Stabenow) -introduced the following bill; which was read twice and referred to the - Committee on Homeland Security and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -137,4 +121,22 @@ conducted pursuant to subsection (a). under subsection (b), the Comptroller General shall complete the study required under subsection (a) and make the results of the study available to the public. - \ No newline at end of file + + Passed the Senate October 24, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 2107 + +_______________________________________________________________________ + + AN ACT + +To increase the number of CBP Agriculture Specialists and support staff + in the Office of Field Operations of U.S. Customs and Border + Protection, and for other purposes. From c3071cdf048f3ea30e32996c4fcb4a6cfcdc33b8 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 858/984] Senate-2107: Enrolled --- bills_text/Senate-2107.txt | 170 +++++++++++++++++-------------------- 1 file changed, 77 insertions(+), 93 deletions(-) diff --git a/bills_text/Senate-2107.txt b/bills_text/Senate-2107.txt index f1b0c3e..01a84fd 100644 --- a/bills_text/Senate-2107.txt +++ b/bills_text/Senate-2107.txt @@ -1,53 +1,54 @@ -116th CONGRESS - 1st Session - S. 2107 + S.2107 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To increase the number of CBP Agriculture Specialists and support staff - in the Office of Field Operations of U.S. Customs and Border - Protection, and for other purposes. +in the Office of Field Operations of U.S. Customs and Border Protection, + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Protecting America's Food and Agriculture Act of 2019''. - SEC. 2. FINDING. - Congress finds that-- - (1) it is in the national security interest of the United - States to ensure that the Nation's food supply is sufficiently - protected; and - (2) a vital part of such protection is the availability of - adequate resources at the border to conduct inspections of - incoming food and agricultural goods. - + (1) it is in the national security interest of the United + States to ensure that the Nation's food supply is sufficiently + protected; and + (2) a vital part of such protection is the availability of + adequate resources at the border to conduct inspections of incoming + food and agricultural goods. SEC. 3. DEFINITIONS. - In this Act: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Homeland Security and - Governmental Affairs of the Senate; - (B) the Committee on Agriculture, Nutrition, and - Forestry of the Senate; - (C) the Committee on Homeland Security of the House - of Representatives; and - (D) the Committee on Agriculture of the House of - Representatives. - (2) CBP.--The term ``CBP'' means U.S. Customs and Border - Protection. - + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Homeland Security and Governmental + Affairs of the Senate; + (B) the Committee on Agriculture, Nutrition, and Forestry + of the Senate; + (C) the Committee on Homeland Security of the House of + Representatives; and + (D) the Committee on Agriculture of the House of + Representatives. + (2) CBP.--The term ``CBP'' means U.S. Customs and Border + Protection. SEC. 4. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL. - (a) CBP Agriculture Specialists.--The Commissioner of U.S. Customs and Border Protection may hire, train, and assign 240 new CBP Agriculture Specialists above the current attrition level during every @@ -55,15 +56,15 @@ fiscal year until the total number of CBP Agriculture Specialists equals and sustains the requirements identified each year in the Agriculture Resource Allocation Model. (b) Mission and Operational Support Staff.-- - (1) In general.--The Commissioner of U.S. Customs and - Border Protection may hire, train, and assign support staff to - support CBP Agriculture Specialists. - (2) CBP agriculture technicians.--The Commissioner of U.S. - Customs and Border Protection may hire, train, and assign 200 - new CBP Agriculture Technicians during each fiscal year until - the total number of CBP Agriculture Technicians equals and - sustains the requirements identified each year in the Mission - and Operational Support Resource Allocation Model. + (1) In general.--The Commissioner of U.S. Customs and Border + Protection may hire, train, and assign support staff to support CBP + Agriculture Specialists. + (2) CBP agriculture technicians.--The Commissioner of U.S. + Customs and Border Protection may hire, train, and assign 200 new + CBP Agriculture Technicians during each fiscal year until the total + number of CBP Agriculture Technicians equals and sustains the + requirements identified each year in the Mission and Operational + Support Resource Allocation Model. (c) CBP Agriculture Canine Teams.--The Commissioner of U.S. Customs and Border Protection may hire, train, and assign 20 new CBP agriculture canine teams during each of the first 3 fiscal years @@ -72,47 +73,44 @@ beginning after the date of the enactment of this Act. Agriculture Specialists needed at each port of entry through the Agriculture Resource Allocation Model, the Office of Field Operations shall-- - (1) rely on data collected regarding the inspections and - other activities conducted at each such port of entry; and - (2) consider volume from seasonal surges, other projected - changes in commercial and passenger volumes, the most current - commercial forecasts, and other relevant information. + (1) rely on data collected regarding the inspections and other + activities conducted at each such port of entry; and + (2) consider volume from seasonal surges, other projected + changes in commercial and passenger volumes, the most current + commercial forecasts, and other relevant information. (e) Authorization of Appropriations.-- - (1) CBP agriculture specialists.--There is authorized to be - appropriated to carry out subsection (a)-- - (A) $29,900,000 for fiscal year 2020; - (B) $36,100,000 for fiscal year 2021; and - (C) $40,500,000 for fiscal year 2022. - (2) CBP agriculture technicians.--There is authorized to be - appropriated to carry out subsection (b)-- - (A) $11,000,000 for fiscal year 2020; - (B) $25,000,000 for fiscal year 2021; and - (C) $38,000,000 for fiscal year 2022. - (3) CBP agriculture canine teams.--There is authorized to - be appropriated to carry out subsection (c)-- - (A) $3,500,000 for fiscal year 2020; - (B) $7,400,000 for fiscal year 2021; and - (C) $12,200,000 for fiscal year 2022. - (4) Training.--There is authorized to be appropriated for - training costs associated with the new CBP personnel and canine - teams hired pursuant to subsections (a), (b), and (c) - $6,000,000 for each of the fiscal years 2020, 2021, and 2022. - + (1) CBP agriculture specialists.--There is authorized to be + appropriated to carry out subsection (a)-- + (A) $29,900,000 for fiscal year 2020; + (B) $36,100,000 for fiscal year 2021; and + (C) $40,500,000 for fiscal year 2022. + (2) CBP agriculture technicians.--There is authorized to be + appropriated to carry out subsection (b)-- + (A) $11,000,000 for fiscal year 2020; + (B) $25,000,000 for fiscal year 2021; and + (C) $38,000,000 for fiscal year 2022. + (3) CBP agriculture canine teams.--There is authorized to be + appropriated to carry out subsection (c)-- + (A) $3,500,000 for fiscal year 2020; + (B) $7,400,000 for fiscal year 2021; and + (C) $12,200,000 for fiscal year 2022. + (4) Training.--There is authorized to be appropriated for + training costs associated with the new CBP personnel and canine + teams hired pursuant to subsections (a), (b), and (c) $6,000,000 + for each of the fiscal years 2020, 2021, and 2022. SEC. 5. GAO STUDY, BRIEFING, AND REPORT. - (a) Study.--The Comptroller General of the United States, after consultation with the appropriate congressional committees, shall conduct a review of the efforts of the Department of Homeland Security, the Department of Agriculture, and other Federal agencies to address risks to the agricultural supply that analyzes-- - (1) interagency coordination and the distribution of - responsibilities among Federal agencies with respect to the - inspection of agricultural commodities entering the United - States; - (2) the effectiveness of such inspection responsibilities - among Federal agencies; and - (3) the training provided to, and working conditions of, - CBP Agriculture Specialists. + (1) interagency coordination and the distribution of + responsibilities among Federal agencies with respect to the + inspection of agricultural commodities entering the United States; + (2) the effectiveness of such inspection responsibilities among + Federal agencies; and + (3) the training provided to, and working conditions of, CBP + Agriculture Specialists. (b) Briefing.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall brief the appropriate congressional committees regarding the results of the study @@ -122,21 +120,7 @@ under subsection (b), the Comptroller General shall complete the study required under subsection (a) and make the results of the study available to the public. - Passed the Senate October 24, 2019. - - Attest: - - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 1st Session - - S. 2107 - -_______________________________________________________________________ - - AN ACT - -To increase the number of CBP Agriculture Specialists and support staff - in the Office of Field Operations of U.S. Customs and Border - Protection, and for other purposes. + Vice President of the United States and + President of the Senate. From f7ea16af9bcb0a8118238accf5408b46527e61c8 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 859/984] Senate-2163: Introduced to Senate --- bills_text/Senate-2163.txt | 208 +++++++++++++++++++++++++++++++++++++ 1 file changed, 208 insertions(+) create mode 100644 bills_text/Senate-2163.txt diff --git a/bills_text/Senate-2163.txt b/bills_text/Senate-2163.txt new file mode 100644 index 0000000..5fba98f --- /dev/null +++ b/bills_text/Senate-2163.txt @@ -0,0 +1,208 @@ +116th CONGRESS + 1st Session + S. 2163 + +To establish the Commission on the Social Status of Black Men and Boys, +to study and make recommendations to address social problems affecting + Black men and boys, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 18, 2019 + + Mr. Rubio (for himself, Ms. Harris, and Mr. Booker) introduced the + following bill; which was read twice and referred to the Committee on + Health, Education, Labor, and Pensions + +_______________________________________________________________________ + + A BILL + + + +To establish the Commission on the Social Status of Black Men and Boys, +to study and make recommendations to address social problems affecting + Black men and boys, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Commission on the Social Status of +Black Men and Boys Act''. + +SEC. 2. COMMISSION ESTABLISHMENT AND MEMBERSHIP. + + (a) Establishment.--The Commission on the Social Status of Black +Men and Boys (hereinafter in this Act referred to as ``the +Commission'') is established within the United States Commission on +Civil Rights Office of the Staff Director. + (b) Membership.--The Commission shall consist of 19 members +appointed as follows: + (1) The Senate majority leader shall appoint one member who + is not employed by the Federal Government and is an expert on + issues affecting Black men and boys in America. + (2) The Senate minority leader shall appoint one member who + is not employed by the Federal Government and is an expert on + issues affecting Black men and boys in America. + (3) The House of Representatives majority leader shall + appoint one member who is not employed by the Federal + Government and is an expert on issues affecting Black men and + boys in America. + (4) The House of Representatives minority leader shall + appoint one member who is not employed by the Federal + Government and is an expert on issues affecting Black men and + boys in America. + (5) The Chair of the Congressional Black Caucus shall be a + member of the Commission, as well as 5 additional Members of + the Congressional Black Caucus who shall be individuals that + either sit on the following committees of relevant jurisdiction + or are experts on issues affecting Black men and boys in the + United States, including-- + (A) education; + (B) justice and Civil Rights; + (C) healthcare; + (D) labor and employment; and + (E) housing. + (6) The Staff Director of the United States Commission on + Civil Rights shall appoint one member from within the staff of + the United States Commission on Civil Rights who is an expert + in issues relating to Black men and boys. + (7) The Chair of the United States Equal Employment + Opportunity Commission shall appoint one member from within the + staff of the United States Equal Employment Opportunity + Commission who is an expert in equal employment issues + impacting Black men. + (8) The Secretary of Education shall appoint one member + from within the Department of Education who is an expert in + urban education. + (9) The Attorney General shall appoint one member from + within the Department of Justice who is an expert in racial + disparities within the criminal justice system. + (10) The Secretary of Health and Human Services shall + appoint one member from within the Department of Health and + Human Services who is an expert in health issues facing Black + men. + (11) The Secretary of Housing and Urban Development shall + appoint one member from within the Department of Housing and + Urban Development who is an expert in housing and development + in urban communities. + (12) The Secretary of Labor shall appoint one member from + within the Department of Labor who is an expert in labor issues + impacting Black men. + (13) The President of the United States shall appoint 2 + members who are not employed by the Federal Government and are + experts on issues affecting Black men and boys in America. + +SEC. 3. OTHER MATTERS RELATING TO APPOINTMENT; REMOVAL. + + (a) Timing of Initial Appointments.--Each initial appointment to +the Commission shall be made no later than 90 days after the Commission +is established. If any appointing authorities fail to appoint a member +to the Commission, their appointment shall be made by the Staff +Director of the Commission on Civil Rights. + (b) Terms.--Except as otherwise provided in this section, the term +of a member of the Commission shall be 4 years. For the purpose of +providing staggered terms, the first term of those members initially +appointed under paragraphs (1) through (5) of section 2 shall be +appointed to 2-year terms with all other terms lasting 4 years. Members +are eligible for consecutive reappointment. + (c) Removal.--A member of the Commission may be removed from the +Commission at any time by the appointing authority should the member +fail to meet Commission responsibilities. Once the seat becomes vacant, +the appointing authority is responsible for filling the vacancy in the +Commission before the next meeting. + (d) Vacancies.--The appointing authority of a member of the +Commission shall either reappoint that member at the end of that +member's term or appoint another person meeting the qualifications for +that appointment. In the event of a vacancy arising during a term, the +appointing authority shall, before the next meeting of the Commission, +appoint a replacement to finish that term. + +SEC. 4. LEADERSHIP ELECTION. + + At the first meeting of the Commission each year, the members shall +elect a Chair and a Secretary. A vacancy in the Chair or Secretary +shall be filled by vote of the remaining members. The Chair and +Secretary are eligible for consecutive reappointment. + +SEC. 5. COMMISSION DUTIES AND POWERS. + + (a) Study.-- + (1) In general.--The Commission shall conduct a systematic + study of the conditions affecting Black men and boys, including + homicide rates, arrest and incarceration rates, poverty, + violence, fatherhood, mentorship, drug abuse, death rates, + disparate income and wealth levels, school performance in all + grade levels including postsecondary education and college, and + health issues. + (2) Trends.--The Commission shall document trends regarding + the topics described in paragraph (1) and report on the + community impacts of relevant government programs within the + scope of such topics. + (b) Proposal of Measures.--The Commission shall propose measures to +alleviate and remedy the underlying causes of the conditions described +in subsection (a), which may include recommendations of changes to the +law, recommendations for how to implement related policies, and +recommendations for how to create, develop, or improve upon government +programs. + (c) Suggestions and Comments.--The Commission shall accept +suggestions or comments pertinent to the applicable issues from members +of Congress, governmental agencies, public and private organizations, +and private citizens. + (d) Staff and Administrative Support.--The Office of the Staff +Director of the United States Commission on Civil Rights shall provide +staff and administrative support to the Commission. All entities of the +United States Government shall provide information that is otherwise a +public record at the request of the Commission. + +SEC. 6. COMMISSION MEETING REQUIREMENTS. + + (a) First Meeting.--The first meeting of the Commission shall take +place no later than 30 days after the initial members are all +appointed. Meetings shall be focused on significant issues impacting +Black men and boys, for the purpose of initiating research ideas and +delegating research tasks to Commission members to initiate the first +annual report described in section 7. + (b) Quarterly Meetings.--The Commission shall meet quarterly. In +addition to all quarterly meetings, the Commission shall meet at other +times at the call of the Chair or as determined by a majority of +Commission members. + (c) Quorum; Rule for Voting on Final Actions.--A majority of the +members of the Commission constitute a quorum, and an affirmative vote +of a majority of the members present is required for final action. + (d) Expectations for Attendance by Members.--Members are expected +to attend all Commission meetings. In the case of an absence, members +are expected to report to the Chair prior to the meeting and allowance +may be made for an absent member to participate remotely. Members will +still be responsible for fulfilling prior commitments, regardless of +attendance status. If a member is absent twice in a given year, he or +she will be reviewed by the Chair and appointing authority and further +action will be considered, including removal and replacement on the +Commission. + (e) Minutes.--Minutes shall be taken at each meeting by the +Secretary, or in that individual's absence, the Chair shall select +another Commission member to take minutes during that absence. The +Commission shall make its minutes publicly available and accessible not +later than one week after each meeting. + +SEC. 7. ANNUAL REPORT GUIDELINES. + + The Commission shall make an annual report, beginning the year of +the first Commission meeting. The report shall address the current +conditions affecting Black men and boys and make recommendations to +address these issues. The report shall be submitted to the President, +the Congress, members of the President's Cabinet, and the chairs of the +appropriate committees of jurisdiction. The Commission shall make the +report publicly available online on a centralized Federal website. + +SEC. 8. COMMISSION COMPENSATION. + + Members of the Commission shall serve on the Commission without +compensation. + \ No newline at end of file From 8841c41e833f92b9b86e61e7be4c4f03bd3ba87a Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 860/984] Senate-2163: Engrossed in Senate --- bills_text/Senate-2163.txt | 45 ++++++++++++++++++++++---------------- 1 file changed, 26 insertions(+), 19 deletions(-) diff --git a/bills_text/Senate-2163.txt b/bills_text/Senate-2163.txt index 5fba98f..ebbe284 100644 --- a/bills_text/Senate-2163.txt +++ b/bills_text/Senate-2163.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2163 -To establish the Commission on the Social Status of Black Men and Boys, -to study and make recommendations to address social problems affecting - Black men and boys, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - July 18, 2019 - - Mr. Rubio (for himself, Ms. Harris, and Mr. Booker) introduced the - following bill; which was read twice and referred to the Committee on - Health, Education, Labor, and Pensions - -_______________________________________________________________________ - - A BILL + AN ACT @@ -98,6 +82,11 @@ appointed as follows: (13) The President of the United States shall appoint 2 members who are not employed by the Federal Government and are experts on issues affecting Black men and boys in America. + (c) Membership by Political Party.--If after the Commission is +appointed there is a partisan imbalance of Commission members, the +congressional leaders of the political party with fewer members on the +Commission shall jointly name additional members to create partisan +parity on the Commission. SEC. 3. OTHER MATTERS RELATING TO APPOINTMENT; REMOVAL. @@ -205,4 +194,22 @@ SEC. 8. COMMISSION COMPENSATION. Members of the Commission shall serve on the Commission without compensation. - \ No newline at end of file + + Passed the Senate June 25, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2163 + +_______________________________________________________________________ + + AN ACT + +To establish the Commission on the Social Status of Black Men and Boys, +to study and make recommendations to address social problems affecting + Black men and boys, and for other purposes. From 5524eb41a0765c27663373e2086bbe30b2a4502d Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 861/984] Senate-2163: Enrolled --- bills_text/Senate-2163.txt | 184 ++++++++++++++++--------------------- 1 file changed, 79 insertions(+), 105 deletions(-) diff --git a/bills_text/Senate-2163.txt b/bills_text/Senate-2163.txt index ebbe284..9f666b1 100644 --- a/bills_text/Senate-2163.txt +++ b/bills_text/Senate-2163.txt @@ -1,95 +1,94 @@ -116th CONGRESS - 2d Session - S. 2163 + S.2163 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To establish the Commission on the Social Status of Black Men and Boys, -to study and make recommendations to address social problems affecting - Black men and boys, and for other purposes. + to study and make recommendations to address social problems affecting + Black men and boys, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Commission on the Social Status of Black Men and Boys Act''. - SEC. 2. COMMISSION ESTABLISHMENT AND MEMBERSHIP. - (a) Establishment.--The Commission on the Social Status of Black Men and Boys (hereinafter in this Act referred to as ``the Commission'') is established within the United States Commission on Civil Rights Office of the Staff Director. (b) Membership.--The Commission shall consist of 19 members appointed as follows: - (1) The Senate majority leader shall appoint one member who - is not employed by the Federal Government and is an expert on - issues affecting Black men and boys in America. - (2) The Senate minority leader shall appoint one member who - is not employed by the Federal Government and is an expert on - issues affecting Black men and boys in America. - (3) The House of Representatives majority leader shall - appoint one member who is not employed by the Federal - Government and is an expert on issues affecting Black men and - boys in America. - (4) The House of Representatives minority leader shall - appoint one member who is not employed by the Federal - Government and is an expert on issues affecting Black men and - boys in America. - (5) The Chair of the Congressional Black Caucus shall be a - member of the Commission, as well as 5 additional Members of - the Congressional Black Caucus who shall be individuals that - either sit on the following committees of relevant jurisdiction - or are experts on issues affecting Black men and boys in the - United States, including-- - (A) education; - (B) justice and Civil Rights; - (C) healthcare; - (D) labor and employment; and - (E) housing. - (6) The Staff Director of the United States Commission on - Civil Rights shall appoint one member from within the staff of - the United States Commission on Civil Rights who is an expert - in issues relating to Black men and boys. - (7) The Chair of the United States Equal Employment - Opportunity Commission shall appoint one member from within the - staff of the United States Equal Employment Opportunity - Commission who is an expert in equal employment issues - impacting Black men. - (8) The Secretary of Education shall appoint one member - from within the Department of Education who is an expert in - urban education. - (9) The Attorney General shall appoint one member from - within the Department of Justice who is an expert in racial - disparities within the criminal justice system. - (10) The Secretary of Health and Human Services shall - appoint one member from within the Department of Health and - Human Services who is an expert in health issues facing Black - men. - (11) The Secretary of Housing and Urban Development shall - appoint one member from within the Department of Housing and - Urban Development who is an expert in housing and development - in urban communities. - (12) The Secretary of Labor shall appoint one member from - within the Department of Labor who is an expert in labor issues - impacting Black men. - (13) The President of the United States shall appoint 2 - members who are not employed by the Federal Government and are - experts on issues affecting Black men and boys in America. + (1) The Senate majority leader shall appoint one member who is + not employed by the Federal Government and is an expert on issues + affecting Black men and boys in America. + (2) The Senate minority leader shall appoint one member who is + not employed by the Federal Government and is an expert on issues + affecting Black men and boys in America. + (3) The House of Representatives majority leader shall appoint + one member who is not employed by the Federal Government and is an + expert on issues affecting Black men and boys in America. + (4) The House of Representatives minority leader shall appoint + one member who is not employed by the Federal Government and is an + expert on issues affecting Black men and boys in America. + (5) The Chair of the Congressional Black Caucus shall be a + member of the Commission, as well as 5 additional Members of the + Congressional Black Caucus who shall be individuals that either sit + on the following committees of relevant jurisdiction or are experts + on issues affecting Black men and boys in the United States, + including-- + (A) education; + (B) justice and Civil Rights; + (C) healthcare; + (D) labor and employment; and + (E) housing. + (6) The Staff Director of the United States Commission on Civil + Rights shall appoint one member from within the staff of the United + States Commission on Civil Rights who is an expert in issues + relating to Black men and boys. + (7) The Chair of the United States Equal Employment Opportunity + Commission shall appoint one member from within the staff of the + United States Equal Employment Opportunity Commission who is an + expert in equal employment issues impacting Black men. + (8) The Secretary of Education shall appoint one member from + within the Department of Education who is an expert in urban + education. + (9) The Attorney General shall appoint one member from within + the Department of Justice who is an expert in racial disparities + within the criminal justice system. + (10) The Secretary of Health and Human Services shall appoint + one member from within the Department of Health and Human Services + who is an expert in health issues facing Black men. + (11) The Secretary of Housing and Urban Development shall + appoint one member from within the Department of Housing and Urban + Development who is an expert in housing and development in urban + communities. + (12) The Secretary of Labor shall appoint one member from + within the Department of Labor who is an expert in labor issues + impacting Black men. + (13) The President of the United States shall appoint 2 members + who are not employed by the Federal Government and are experts on + issues affecting Black men and boys in America. (c) Membership by Political Party.--If after the Commission is appointed there is a partisan imbalance of Commission members, the congressional leaders of the political party with fewer members on the Commission shall jointly name additional members to create partisan parity on the Commission. - SEC. 3. OTHER MATTERS RELATING TO APPOINTMENT; REMOVAL. - (a) Timing of Initial Appointments.--Each initial appointment to the Commission shall be made no later than 90 days after the Commission is established. If any appointing authorities fail to appoint a member @@ -112,28 +111,23 @@ member's term or appoint another person meeting the qualifications for that appointment. In the event of a vacancy arising during a term, the appointing authority shall, before the next meeting of the Commission, appoint a replacement to finish that term. - SEC. 4. LEADERSHIP ELECTION. - At the first meeting of the Commission each year, the members shall elect a Chair and a Secretary. A vacancy in the Chair or Secretary shall be filled by vote of the remaining members. The Chair and Secretary are eligible for consecutive reappointment. - SEC. 5. COMMISSION DUTIES AND POWERS. - (a) Study.-- - (1) In general.--The Commission shall conduct a systematic - study of the conditions affecting Black men and boys, including - homicide rates, arrest and incarceration rates, poverty, - violence, fatherhood, mentorship, drug abuse, death rates, - disparate income and wealth levels, school performance in all - grade levels including postsecondary education and college, and - health issues. - (2) Trends.--The Commission shall document trends regarding - the topics described in paragraph (1) and report on the - community impacts of relevant government programs within the - scope of such topics. + (1) In general.--The Commission shall conduct a systematic + study of the conditions affecting Black men and boys, including + homicide rates, arrest and incarceration rates, poverty, violence, + fatherhood, mentorship, drug abuse, death rates, disparate income + and wealth levels, school performance in all grade levels including + postsecondary education and college, and health issues. + (2) Trends.--The Commission shall document trends regarding the + topics described in paragraph (1) and report on the community + impacts of relevant government programs within the scope of such + topics. (b) Proposal of Measures.--The Commission shall propose measures to alleviate and remedy the underlying causes of the conditions described in subsection (a), which may include recommendations of changes to the @@ -149,9 +143,7 @@ Director of the United States Commission on Civil Rights shall provide staff and administrative support to the Commission. All entities of the United States Government shall provide information that is otherwise a public record at the request of the Commission. - SEC. 6. COMMISSION MEETING REQUIREMENTS. - (a) First Meeting.--The first meeting of the Commission shall take place no later than 30 days after the initial members are all appointed. Meetings shall be focused on significant issues impacting @@ -179,9 +171,7 @@ Secretary, or in that individual's absence, the Chair shall select another Commission member to take minutes during that absence. The Commission shall make its minutes publicly available and accessible not later than one week after each meeting. - SEC. 7. ANNUAL REPORT GUIDELINES. - The Commission shall make an annual report, beginning the year of the first Commission meeting. The report shall address the current conditions affecting Black men and boys and make recommendations to @@ -189,27 +179,11 @@ address these issues. The report shall be submitted to the President, the Congress, members of the President's Cabinet, and the chairs of the appropriate committees of jurisdiction. The Commission shall make the report publicly available online on a centralized Federal website. - SEC. 8. COMMISSION COMPENSATION. - Members of the Commission shall serve on the Commission without compensation. - Passed the Senate June 25, 2020. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 2163 - -_______________________________________________________________________ - - AN ACT - -To establish the Commission on the Social Status of Black Men and Boys, -to study and make recommendations to address social problems affecting - Black men and boys, and for other purposes. + Vice President of the United States and + President of the Senate. From 7c0e709f0753b9f39cba68eea14fdc852aff368b Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 862/984] Senate-2174: Introduced to Senate --- bills_text/Senate-2174.txt | 270 +++++++++++++++++++++++++++++++++++++ 1 file changed, 270 insertions(+) create mode 100644 bills_text/Senate-2174.txt diff --git a/bills_text/Senate-2174.txt b/bills_text/Senate-2174.txt new file mode 100644 index 0000000..389ab90 --- /dev/null +++ b/bills_text/Senate-2174.txt @@ -0,0 +1,270 @@ +116th CONGRESS + 1st Session + S. 2174 + +To expand the grants authorized under Jennifer's Law and Kristen's Act + to include processing of unidentified remains, resolving missing + persons cases, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 18, 2019 + + Mr. Cornyn (for himself, Ms. Harris, Mr. Tillis, and Mr. Udall) +introduced the following bill; which was read twice and referred to the + Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To expand the grants authorized under Jennifer's Law and Kristen's Act + to include processing of unidentified remains, resolving missing + persons cases, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Missing Persons and Unidentified +Remains Act of 2019''. + +SEC. 2. USE OF GRANT FUNDS. + + (a) Jennifer's Law.--Jennifer's Law (34 U.S.C. 40501 et seq.) is +amended-- + (1) by striking section 202 (34 U.S.C. 40501) and inserting + the following: + +``SEC. 202. PROGRAM AUTHORIZED. + + ``(a) In General.-- + ``(1) Grants authorized.--The Attorney General may award + grants to eligible entities described in paragraph (2), with + priority given to eligible entities in southern border States, + to enable the eligible entities to improve the transportation, + processing, identification, and reporting of missing persons + and unidentified remains, including migrants. + ``(2) Eligible entities.--Eligible entities described in + this paragraph are the following: + ``(A) States and units of local government. + ``(B) Accredited, publicly funded, Combined DNA + Index System (commonly known as `CODIS') forensic + laboratories, which demonstrate the grant funds will be + used for DNA typing and uploading biological family DNA + reference samples, including samples from foreign + nationals, into CODIS, subject to the protocols for + inclusion of such forensic DNA profiles into CODIS, and + the privacy protections required under section 203(c). + ``(C) Medical examiners offices. + ``(D) Accredited, publicly funded toxicology + laboratories. + ``(E) Accredited, publicly funded crime + laboratories. + ``(F) Publicly funded university forensic + anthropology laboratories. + ``(G) Nonprofit organizations that have working + collaborative agreements with State and county forensic + offices, including medical examiners, coroners, and + justices of the peace, for entry of data into CODIS or + the National Missing and Unidentified Persons System + (commonly known as `NamUs'), or both.''; + (2) in section 203 (34 U.S.C. 40502)-- + (A) in subsection (a), by striking ``a State'' and + inserting ``an entity described in section 202''; + (B) in subsection (b)-- + (i) in the matter preceding paragraph (1), + by striking ``State'' and inserting + ``applicant''; + (ii) by striking paragraph (1) and + inserting the following: + ``(1) report to the National Crime Information Center and, + when possible, to law enforcement authorities throughout the + applicant's jurisdiction regarding every deceased unidentified + person, regardless of age, found in the applicant's + jurisdiction;''; + (iii) in paragraph (3), by striking ``and'' + at the end; + (iv) in paragraph (4), by striking the + period at the end and inserting ``; and''; and + (v) by adding at the end the following: + ``(5) collect and report information to the National + Missing and Unidentified Persons System (NamUs) regarding + missing persons and unidentified remains.''; and + (C) by adding at the end the following: + ``(c) Privacy Protections for Biological Family Reference +Samples.-- + ``(1) In general.--Any suspected biological family DNA + reference samples received from citizens of the United States + or foreign nationals and uploaded into the Combined DNA Index + System (commonly referred to as `CODIS') by an accredited, + publicly funded CODIS forensic laboratory awarded a grant under + this section may be used only for identifying missing persons + and unidentified remains. + ``(2) Limitation on use.--Any biological family DNA + reference samples from citizens of the United States or foreign + nationals entered into CODIS for purposes of identifying + missing persons and unidentified remains may not be disclosed + to a Federal or State law enforcement agency for law + enforcement purposes.''; and + (3) by striking section 204 (34 U.S.C. 40503) and inserting + the following: + +``SEC. 205. USE OF FUNDS. + + ``An applicant receiving a grant award under this title may use +such funds to-- + ``(1) pay for the costs incurred during or after fiscal + year 2017 for the transportation, processing, identification, + and reporting of missing persons and unidentified remains, + including migrants; + ``(2) establish and expand programs developed to improve + the reporting of unidentified persons in accordance with the + assurances provided in the application submitted pursuant to + section 203(b); + ``(3) hire and maintain additional DNA case analysts and + technicians, fingerprint examiners, forensic odontologists, and + forensic anthropologists, needed to support such identification + programs; and + ``(4) procure and maintain state of the art multi-modal, + multi-purpose forensic and DNA-typing and analytical + equipment.''. + (b) Kristen's Act.--Section 3 of Kristen's Act (34 U.S.C. 40504 +note) is amended to read as follows: + +``SEC. 3. AUTHORIZATION OF FUNDING. + + ``The Attorney General is authorized to use funds otherwise +appropriated for the operationalization, maintenance, and expansion of +the National Missing and Unidentified Persons System (NamUs) for the +purpose of carrying out this Act.''. + +SEC. 3. RESCUE BEACONS. + + Section 411(o) of the Homeland Security Act of 2002 (6 U.S.C. +211(o)) is amended by adding at the end the following: + ``(3) Rescue beacons.--Beginning in fiscal year 2019, in + carrying out subsection (c)(8), the Commissioner shall + purchase, deploy, and maintain not more than 170 self-powering, + 9-1-1 cellular relay rescue beacons along the southern border + of the United States at locations determined appropriate by the + Commissioner to mitigate migrant deaths.''. + +SEC. 4. REPORTING ON NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM + (NAMUS) PROGRAM. + + Not later than 18 months after the date of enactment of this act, +and every year thereafter, the Attorney General shall submit a report +to the appropriate committees of Congress regarding-- + (1) the number of unidentified person cases processed; + (2) CODIS associations and identifications; + (3) the number of anthropology cases processed; + (4) the number of suspected border crossing cases and + associations made; + (5) the number of trials supported with expert testimony; + (6) the number of students trained and professions of those + students; and + (7) the turnaround time and backlog. + +SEC. 5. OTHER REPORTING REQUIREMENTS. + + (a) Unidentified Remains.-- + (1) Reporting requirement.--Not later than 1 year after the + date of enactment of this Act, and annually thereafter, the + Commissioner of U.S. Customs and Border Protection shall submit + a report to the appropriate committees of Congress regarding + all unidentified remains discovered, during the reporting + period, on or near the border between the United States and + Mexico, including-- + (A) for each deceased person-- + (i) the cause and manner of death, if + known; + (ii) the sex, age (at time of death), and + country of origin (if such information is + determinable); and + (iii) the location of each unidentified + remain; + (B) the total number of deceased people whose + unidentified remains were discovered by U.S. Customs + and Border Protection during the reporting period; + (C) to the extent such information is available to + U.S. Customs and Border Protection, the total number of + deceased people whose unidentified remains were + discovered by Federal, State, local or Tribal law + enforcement officers, military personnel, or medical + examiners offices; + (D) the efforts of U.S. Customs and Border + Protection to engage with nongovernmental + organizations, institutions of higher education, + medical examiners and coroners, and law enforcement + agencies-- + (i) to identify and map the locations at + which migrant deaths occur; and + (ii) to count the number of deaths that + occur at such locations; and + (E) a detailed description of U.S. Customs and + Border Protection's Missing Migrant Program, including + how the program helps mitigate migrant deaths while + maintaining border security. + (2) Public disclosure.--Not later than 30 days after each + report required under paragraph (1) is submitted, the + Commissioner of U.S. Customs and Border Protection shall + publish on the website of the agency the information described + in subparagraphs (A), (B), and (C) of paragraph (1) during each + reporting period. + (b) Rescue Beacons.--Not later than 1 year after the date of +enactment of this Act, and annually thereafter, the Commissioner of +U.S. Customs and Border Protection shall submit a report to the +appropriate committees of Congress regarding the use of rescue beacons +along the border between the United States and Mexico, including, for +the reporting period-- + (1) the number of rescue beacons in each border patrol + sector; + (2) the specific location of each rescue beacon; + (3) the frequency with which each rescue beacon was + activated by a person in distress; + (4) a description of the nature of the distress that + resulted in each rescue beacon activation (if such information + is determinable); and + (5) an assessment, in consultation with local stakeholders, + including elected officials, nongovernmental organizations, and + landowners, of necessary additional rescue beacons and + recommendations for locations for deployment to reduce migrant + deaths. + (c) GAO Report.--Not later than 6 months after the report required +under subsection (a) is submitted to the appropriate committees of +Congress, the Comptroller General of the United States shall submit a +report to the same committees that describes-- + (1) how U.S. Customs and Border Protection collects and + records border-crossing death data; + (2) the differences (if any) in U.S. Customs and Border + Protection border-crossing death data collection methodology + across its sectors; + (3) how U.S. Customs and Border Protection's data and + statistical analysis on trends in the numbers, locations, + causes, and characteristics of border-crossing deaths compare + to other sources of data on these deaths, including border + county medical examiners and coroners and the Centers for + Disease Control and Prevention; + (4) how U.S. Customs and Border Protection measures the + effectiveness of its programs to mitigate migrant deaths; and + (5) the extent to which U.S. Customs and Border Protection + engages Federal, State, local, and Tribal governments, foreign + diplomatic and consular posts, and nongovernmental + organizations-- + (A) to accurately identify deceased individuals; + (B) to resolve cases involving unidentified + remains; + (C) to resolve cases involving unidentified + persons; and + (D) to share information on missing persons and + unidentified remains, specifically with the National + Missing and Unidentified Persons System (NamUs). + \ No newline at end of file From 2bb5f9a04be2aaedca52e1fd9e65ad1f7e906a05 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 863/984] Senate-2174: Engrossed in Senate --- bills_text/Senate-2174.txt | 45 +++++++++++++++++++------------------- 1 file changed, 23 insertions(+), 22 deletions(-) diff --git a/bills_text/Senate-2174.txt b/bills_text/Senate-2174.txt index 389ab90..935b3fc 100644 --- a/bills_text/Senate-2174.txt +++ b/bills_text/Senate-2174.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2174 -To expand the grants authorized under Jennifer's Law and Kristen's Act - to include processing of unidentified remains, resolving missing - persons cases, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - July 18, 2019 - - Mr. Cornyn (for himself, Ms. Harris, Mr. Tillis, and Mr. Udall) -introduced the following bill; which was read twice and referred to the - Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -47,9 +31,8 @@ amended-- ``(a) In General.-- ``(1) Grants authorized.--The Attorney General may award - grants to eligible entities described in paragraph (2), with - priority given to eligible entities in southern border States, - to enable the eligible entities to improve the transportation, + grants to eligible entities described in paragraph (2) to + enable the eligible entities to improve the transportation, processing, identification, and reporting of missing persons and unidentified remains, including migrants. ``(2) Eligible entities.--Eligible entities described in @@ -267,4 +250,22 @@ report to the same committees that describes-- (D) to share information on missing persons and unidentified remains, specifically with the National Missing and Unidentified Persons System (NamUs). - \ No newline at end of file + + Passed the Senate November 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2174 + +_______________________________________________________________________ + + AN ACT + +To expand the grants authorized under Jennifer's Law and Kristen's Act + to include processing of unidentified remains, resolving missing + persons cases, and for other purposes. From b98349f0fa43bcbe19b8639eb82163757a530018 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 864/984] Senate-2174: Enrolled --- bills_text/Senate-2174.txt | 426 +++++++++++++++++-------------------- 1 file changed, 194 insertions(+), 232 deletions(-) diff --git a/bills_text/Senate-2174.txt b/bills_text/Senate-2174.txt index 935b3fc..d5e2fcf 100644 --- a/bills_text/Senate-2174.txt +++ b/bills_text/Senate-2174.txt @@ -1,271 +1,233 @@ -116th CONGRESS - 2d Session - S. 2174 + S.2174 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To expand the grants authorized under Jennifer's Law and Kristen's Act - to include processing of unidentified remains, resolving missing - persons cases, and for other purposes. + To the extent provided in advance in appropriations Act, the Attorney + General is authorized to use funds appropriated for the + operationalization, maintenance, and expansion of the National Missing +and Unidentified Persons System (NamUs) for the purpose of carrying out + this Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Missing Persons and Unidentified Remains Act of 2019''. - SEC. 2. USE OF GRANT FUNDS. - (a) Jennifer's Law.--Jennifer's Law (34 U.S.C. 40501 et seq.) is amended-- - (1) by striking section 202 (34 U.S.C. 40501) and inserting - the following: - -``SEC. 202. PROGRAM AUTHORIZED. - + (1) by striking section 202 (34 U.S.C. 40501) and inserting the + following: + ``SEC. 202. PROGRAM AUTHORIZED. ``(a) In General.-- - ``(1) Grants authorized.--The Attorney General may award - grants to eligible entities described in paragraph (2) to - enable the eligible entities to improve the transportation, - processing, identification, and reporting of missing persons - and unidentified remains, including migrants. - ``(2) Eligible entities.--Eligible entities described in - this paragraph are the following: - ``(A) States and units of local government. - ``(B) Accredited, publicly funded, Combined DNA - Index System (commonly known as `CODIS') forensic - laboratories, which demonstrate the grant funds will be - used for DNA typing and uploading biological family DNA - reference samples, including samples from foreign - nationals, into CODIS, subject to the protocols for - inclusion of such forensic DNA profiles into CODIS, and - the privacy protections required under section 203(c). - ``(C) Medical examiners offices. - ``(D) Accredited, publicly funded toxicology - laboratories. - ``(E) Accredited, publicly funded crime - laboratories. - ``(F) Publicly funded university forensic - anthropology laboratories. - ``(G) Nonprofit organizations that have working - collaborative agreements with State and county forensic - offices, including medical examiners, coroners, and - justices of the peace, for entry of data into CODIS or - the National Missing and Unidentified Persons System - (commonly known as `NamUs'), or both.''; - (2) in section 203 (34 U.S.C. 40502)-- - (A) in subsection (a), by striking ``a State'' and - inserting ``an entity described in section 202''; - (B) in subsection (b)-- - (i) in the matter preceding paragraph (1), - by striking ``State'' and inserting - ``applicant''; - (ii) by striking paragraph (1) and - inserting the following: - ``(1) report to the National Crime Information Center and, - when possible, to law enforcement authorities throughout the - applicant's jurisdiction regarding every deceased unidentified - person, regardless of age, found in the applicant's - jurisdiction;''; - (iii) in paragraph (3), by striking ``and'' - at the end; - (iv) in paragraph (4), by striking the - period at the end and inserting ``; and''; and - (v) by adding at the end the following: - ``(5) collect and report information to the National - Missing and Unidentified Persons System (NamUs) regarding - missing persons and unidentified remains.''; and - (C) by adding at the end the following: + ``(1) Grants authorized.--The Attorney General may award grants + to eligible entities described in paragraph (2) to enable the + eligible entities to improve the transportation, processing, + identification, and reporting of missing persons and unidentified + remains, including migrants. + ``(2) Eligible entities.--Eligible entities described in this + paragraph are the following: + ``(A) States and units of local government. + ``(B) Accredited, publicly funded, Combined DNA Index + System (commonly known as `CODIS') forensic laboratories, which + demonstrate the grant funds will be used for DNA typing and + uploading biological family DNA reference samples, including + samples from foreign nationals, into CODIS, subject to the + protocols for inclusion of such forensic DNA profiles into + CODIS, and the privacy protections required under section + 203(c). + ``(C) Medical examiners offices. + ``(D) Accredited, publicly funded toxicology laboratories. + ``(E) Accredited, publicly funded crime laboratories. + ``(F) Publicly funded university forensic anthropology + laboratories. + ``(G) Nonprofit organizations that have working + collaborative agreements with State and county forensic + offices, including medical examiners, coroners, and justices of + the peace, for entry of data into CODIS or the National Missing + and Unidentified Persons System (commonly known as `NamUs'), or + both.''; + (2) in section 203 (34 U.S.C. 40502)-- + (A) in subsection (a), by striking ``a State'' and + inserting ``an entity described in section 202''; + (B) in subsection (b)-- + (i) in the matter preceding paragraph (1), by striking + ``State'' and inserting ``applicant''; + (ii) by striking paragraph (1) and inserting the + following: + ``(1) report to the National Crime Information Center and, when + possible, to law enforcement authorities throughout the applicant's + jurisdiction regarding every deceased unidentified person, + regardless of age, found in the applicant's jurisdiction;''; + (iii) in paragraph (3), by striking ``and'' at the end; + (iv) in paragraph (4), by striking the period at the + end and inserting ``; and''; and + (v) by adding at the end the following: + ``(5) collect and report information to the National Missing + and Unidentified Persons System (NamUs) regarding missing persons + and unidentified remains.''; and + (C) by adding at the end the following: ``(c) Privacy Protections for Biological Family Reference Samples.-- - ``(1) In general.--Any suspected biological family DNA - reference samples received from citizens of the United States - or foreign nationals and uploaded into the Combined DNA Index - System (commonly referred to as `CODIS') by an accredited, - publicly funded CODIS forensic laboratory awarded a grant under - this section may be used only for identifying missing persons - and unidentified remains. - ``(2) Limitation on use.--Any biological family DNA - reference samples from citizens of the United States or foreign - nationals entered into CODIS for purposes of identifying - missing persons and unidentified remains may not be disclosed - to a Federal or State law enforcement agency for law - enforcement purposes.''; and - (3) by striking section 204 (34 U.S.C. 40503) and inserting - the following: - -``SEC. 205. USE OF FUNDS. - + ``(1) In general.--Any suspected biological family DNA + reference samples received from citizens of the United States or + foreign nationals and uploaded into the Combined DNA Index System + (commonly referred to as `CODIS') by an accredited, publicly funded + CODIS forensic laboratory awarded a grant under this section may be + used only for identifying missing persons and unidentified remains. + ``(2) Limitation on use.--Any biological family DNA reference + samples from citizens of the United States or foreign nationals + entered into CODIS for purposes of identifying missing persons and + unidentified remains may not be disclosed to a Federal or State law + enforcement agency for law enforcement purposes.''; and + (3) by striking section 204 (34 U.S.C. 40503) and inserting the + following: + ``SEC. 205. USE OF FUNDS. ``An applicant receiving a grant award under this title may use such funds to-- - ``(1) pay for the costs incurred during or after fiscal - year 2017 for the transportation, processing, identification, - and reporting of missing persons and unidentified remains, - including migrants; - ``(2) establish and expand programs developed to improve - the reporting of unidentified persons in accordance with the - assurances provided in the application submitted pursuant to - section 203(b); - ``(3) hire and maintain additional DNA case analysts and - technicians, fingerprint examiners, forensic odontologists, and - forensic anthropologists, needed to support such identification - programs; and - ``(4) procure and maintain state of the art multi-modal, - multi-purpose forensic and DNA-typing and analytical - equipment.''. - (b) Kristen's Act.--Section 3 of Kristen's Act (34 U.S.C. 40504 + ``(1) pay for the costs incurred during or after fiscal year + 2017 for the transportation, processing, identification, and + reporting of missing persons and unidentified remains, including + migrants; + ``(2) establish and expand programs developed to improve the + reporting of unidentified persons in accordance with the assurances + provided in the application submitted pursuant to section 203(b); + ``(3) hire and maintain additional DNA case analysts and + technicians, fingerprint examiners, forensic odontologists, and + forensic anthropologists, needed to support such identification + programs; and + ``(4) procure and maintain state of the art multi-modal, multi- + purpose forensic and DNA-typing and analytical equipment.''. + (b) Kristen's Act.--Section 102 of Kristen's Act (34 U.S.C. 40504 note) is amended to read as follows: - -``SEC. 3. AUTHORIZATION OF FUNDING. - - ``The Attorney General is authorized to use funds otherwise -appropriated for the operationalization, maintenance, and expansion of -the National Missing and Unidentified Persons System (NamUs) for the -purpose of carrying out this Act.''. - + ``SEC. 102. AUTHORIZATION OF FUNDING. + ``To the extent provided in advance in appropriations Acts, the +Attorney General is authorized to use funds appropriated for the +operationalization, maintenance, and expansion of the National Missing +and Unidentified Persons System (NamUs) for the purpose of carrying out +this Act''. SEC. 3. RESCUE BEACONS. - Section 411(o) of the Homeland Security Act of 2002 (6 U.S.C. 211(o)) is amended by adding at the end the following: - ``(3) Rescue beacons.--Beginning in fiscal year 2019, in - carrying out subsection (c)(8), the Commissioner shall - purchase, deploy, and maintain not more than 170 self-powering, - 9-1-1 cellular relay rescue beacons along the southern border - of the United States at locations determined appropriate by the - Commissioner to mitigate migrant deaths.''. - + ``(3) Rescue beacons.--Beginning in fiscal year 2019, in + carrying out subsection (c)(8), the Commissioner shall purchase, + deploy, and maintain not more than 170 self-powering, 9-1-1 + cellular relay rescue beacons along the southern border of the + United States at locations determined appropriate by the + Commissioner to mitigate migrant deaths.''. SEC. 4. REPORTING ON NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM - (NAMUS) PROGRAM. - +(NAMUS) PROGRAM. Not later than 18 months after the date of enactment of this act, and every year thereafter, the Attorney General shall submit a report to the appropriate committees of Congress regarding-- - (1) the number of unidentified person cases processed; - (2) CODIS associations and identifications; - (3) the number of anthropology cases processed; - (4) the number of suspected border crossing cases and - associations made; - (5) the number of trials supported with expert testimony; - (6) the number of students trained and professions of those - students; and - (7) the turnaround time and backlog. - + (1) the number of unidentified person cases processed; + (2) CODIS associations and identifications; + (3) the number of anthropology cases processed; + (4) the number of suspected border crossing cases and + associations made; + (5) the number of trials supported with expert testimony; + (6) the number of students trained and professions of those + students; and + (7) the turnaround time and backlog. SEC. 5. OTHER REPORTING REQUIREMENTS. - (a) Unidentified Remains.-- - (1) Reporting requirement.--Not later than 1 year after the - date of enactment of this Act, and annually thereafter, the - Commissioner of U.S. Customs and Border Protection shall submit - a report to the appropriate committees of Congress regarding - all unidentified remains discovered, during the reporting - period, on or near the border between the United States and - Mexico, including-- - (A) for each deceased person-- - (i) the cause and manner of death, if - known; - (ii) the sex, age (at time of death), and - country of origin (if such information is - determinable); and - (iii) the location of each unidentified - remain; - (B) the total number of deceased people whose - unidentified remains were discovered by U.S. Customs - and Border Protection during the reporting period; - (C) to the extent such information is available to - U.S. Customs and Border Protection, the total number of - deceased people whose unidentified remains were - discovered by Federal, State, local or Tribal law - enforcement officers, military personnel, or medical - examiners offices; - (D) the efforts of U.S. Customs and Border - Protection to engage with nongovernmental - organizations, institutions of higher education, - medical examiners and coroners, and law enforcement - agencies-- - (i) to identify and map the locations at - which migrant deaths occur; and - (ii) to count the number of deaths that - occur at such locations; and - (E) a detailed description of U.S. Customs and - Border Protection's Missing Migrant Program, including - how the program helps mitigate migrant deaths while - maintaining border security. - (2) Public disclosure.--Not later than 30 days after each - report required under paragraph (1) is submitted, the - Commissioner of U.S. Customs and Border Protection shall - publish on the website of the agency the information described - in subparagraphs (A), (B), and (C) of paragraph (1) during each - reporting period. + (1) Reporting requirement.--Not later than 1 year after the + date of enactment of this Act, and annually thereafter, the + Commissioner of U.S. Customs and Border Protection shall submit a + report to the appropriate committees of Congress regarding all + unidentified remains discovered, during the reporting period, on or + near the border between the United States and Mexico, including-- + (A) for each deceased person-- + (i) the cause and manner of death, if known; + (ii) the sex, age (at time of death), and country of + origin (if such information is determinable); and + (iii) the location of each unidentified remain; + (B) the total number of deceased people whose unidentified + remains were discovered by U.S. Customs and Border Protection + during the reporting period; + (C) to the extent such information is available to U.S. + Customs and Border Protection, the total number of deceased + people whose unidentified remains were discovered by Federal, + State, local or Tribal law enforcement officers, military + personnel, or medical examiners offices; + (D) the efforts of U.S. Customs and Border Protection to + engage with nongovernmental organizations, institutions of + higher education, medical examiners and coroners, and law + enforcement agencies-- + (i) to identify and map the locations at which migrant + deaths occur; and + (ii) to count the number of deaths that occur at such + locations; and + (E) a detailed description of U.S. Customs and Border + Protection's Missing Migrant Program, including how the program + helps mitigate migrant deaths while maintaining border + security. + (2) Public disclosure.--Not later than 30 days after each + report required under paragraph (1) is submitted, the Commissioner + of U.S. Customs and Border Protection shall publish on the website + of the agency the information described in subparagraphs (A), (B), + and (C) of paragraph (1) during each reporting period. (b) Rescue Beacons.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate committees of Congress regarding the use of rescue beacons along the border between the United States and Mexico, including, for the reporting period-- - (1) the number of rescue beacons in each border patrol - sector; - (2) the specific location of each rescue beacon; - (3) the frequency with which each rescue beacon was - activated by a person in distress; - (4) a description of the nature of the distress that - resulted in each rescue beacon activation (if such information - is determinable); and - (5) an assessment, in consultation with local stakeholders, - including elected officials, nongovernmental organizations, and - landowners, of necessary additional rescue beacons and - recommendations for locations for deployment to reduce migrant - deaths. + (1) the number of rescue beacons in each border patrol sector; + (2) the specific location of each rescue beacon; + (3) the frequency with which each rescue beacon was activated + by a person in distress; + (4) a description of the nature of the distress that resulted + in each rescue beacon activation (if such information is + determinable); and + (5) an assessment, in consultation with local stakeholders, + including elected officials, nongovernmental organizations, and + landowners, of necessary additional rescue beacons and + recommendations for locations for deployment to reduce migrant + deaths. (c) GAO Report.--Not later than 6 months after the report required under subsection (a) is submitted to the appropriate committees of Congress, the Comptroller General of the United States shall submit a report to the same committees that describes-- - (1) how U.S. Customs and Border Protection collects and - records border-crossing death data; - (2) the differences (if any) in U.S. Customs and Border - Protection border-crossing death data collection methodology - across its sectors; - (3) how U.S. Customs and Border Protection's data and - statistical analysis on trends in the numbers, locations, - causes, and characteristics of border-crossing deaths compare - to other sources of data on these deaths, including border - county medical examiners and coroners and the Centers for - Disease Control and Prevention; - (4) how U.S. Customs and Border Protection measures the - effectiveness of its programs to mitigate migrant deaths; and - (5) the extent to which U.S. Customs and Border Protection - engages Federal, State, local, and Tribal governments, foreign - diplomatic and consular posts, and nongovernmental - organizations-- - (A) to accurately identify deceased individuals; - (B) to resolve cases involving unidentified - remains; - (C) to resolve cases involving unidentified - persons; and - (D) to share information on missing persons and - unidentified remains, specifically with the National - Missing and Unidentified Persons System (NamUs). - - Passed the Senate November 16, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 2174 - -_______________________________________________________________________ - - AN ACT - -To expand the grants authorized under Jennifer's Law and Kristen's Act - to include processing of unidentified remains, resolving missing - persons cases, and for other purposes. + (1) how U.S. Customs and Border Protection collects and records + border-crossing death data; + (2) the differences (if any) in U.S. Customs and Border + Protection border-crossing death data collection methodology across + its sectors; + (3) how U.S. Customs and Border Protection's data and + statistical analysis on trends in the numbers, locations, causes, + and characteristics of border-crossing deaths compare to other + sources of data on these deaths, including border county medical + examiners and coroners and the Centers for Disease Control and + Prevention; + (4) how U.S. Customs and Border Protection measures the + effectiveness of its programs to mitigate migrant deaths; and + (5) the extent to which U.S. Customs and Border Protection + engages Federal, State, local, and Tribal governments, foreign + diplomatic and consular posts, and nongovernmental organizations-- + (A) to accurately identify deceased individuals; + (B) to resolve cases involving unidentified remains; + (C) to resolve cases involving unidentified persons; and + (D) to share information on missing persons and + unidentified remains, specifically with the National Missing + and Unidentified Persons System (NamUs). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 219123ea950c7a32806bfc3d1b1bf00d7358ea78 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 865/984] Senate-2193: Introduced to Senate --- bills_text/Senate-2193.txt | 80 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 80 insertions(+) create mode 100644 bills_text/Senate-2193.txt diff --git a/bills_text/Senate-2193.txt b/bills_text/Senate-2193.txt new file mode 100644 index 0000000..4036158 --- /dev/null +++ b/bills_text/Senate-2193.txt @@ -0,0 +1,80 @@ +116th CONGRESS + 1st Session + S. 2193 + + To require the Administrator of General Services to issue guidance to + clarify that Federal agencies may pay by charge card for the charging + of Federal electric motor vehicles, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 18, 2019 + + Mr. Peters introduced the following bill; which was read twice and +referred to the Committee on Homeland Security and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To require the Administrator of General Services to issue guidance to + clarify that Federal agencies may pay by charge card for the charging + of Federal electric motor vehicles, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Charging Helps Agencies Realize +General Efficiencies Act'' or the ``CHARGE Act''. + +SEC. 2. PAYMENT BY CHARGE CARD FOR CHARGING FEDERAL ELECTRIC MOTOR + VEHICLES. + + (a) Definitions.--In this Act-- + (1) the term ``Administrator'' means the Administrator of + General Services; + (2) the term ``charge card''-- + (A) means a card, plate, coupon book, or other + credit device existing for the purpose of obtaining + money, property, labor, or services on credit; and + (B) includes-- + (i) a card issued under the GSA SmartPay + program; and + (ii) a Fleet Services card; + (3) the term ``covered electric motor vehicle'' means a + passenger carrier that is-- + (A) a passenger motor vehicle; and + (B) an electric motor vehicle; + (4) the term ``electric motor vehicle'' has the meaning + given the term in section 601 of the Energy Policy Act of 1992 + (42 U.S.C. 13271); + (5) the term ``electric motor vehicle charging station'' + means a battery-charging station that permits the transfer of + electric energy (by conductive or inductive means) to a battery + or other storage device in an electric motor vehicle; and + (6) the terms ``Federal agency'' and ``passenger carrier'' + have the meanings given those terms in section 1344(h) of title + 31, United States Code. + (b) Guidance.--Not later than 180 days after the date of enactment +of this Act, the Administrator shall issue guidance to clarify that +each Federal agency may, in accordance with section 1344 of title 31, +United States Code-- + (1) charge a covered electric motor vehicle at a commercial + electric motor vehicle charging station; and + (2) pay for a transaction described in paragraph (1) with a + charge card. + (c) Issuance of Charge Cards.--Not later than 180 days after the +date of enactment of this Act, the Administrator shall issue to each +Federal agency a charge card for each covered electric motor vehicle of +the Federal agency that may be used by the Federal agency to charge the +covered motor vehicle in accordance with the guidance issued under +subsection (b). + \ No newline at end of file From 5373ee1e4a3c9470e05d5c7d14aafe2f2986c229 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 866/984] Senate-2193: Engrossed in Senate --- bills_text/Senate-2193.txt | 47 ++++++++++++++++++++------------------ 1 file changed, 25 insertions(+), 22 deletions(-) diff --git a/bills_text/Senate-2193.txt b/bills_text/Senate-2193.txt index 4036158..9412ab4 100644 --- a/bills_text/Senate-2193.txt +++ b/bills_text/Senate-2193.txt @@ -2,24 +2,9 @@ 1st Session S. 2193 - To require the Administrator of General Services to issue guidance to - clarify that Federal agencies may pay by charge card for the charging - of Federal electric motor vehicles, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - July 18, 2019 - - Mr. Peters introduced the following bill; which was read twice and -referred to the Committee on Homeland Security and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -43,8 +28,8 @@ SEC. 2. PAYMENT BY CHARGE CARD FOR CHARGING FEDERAL ELECTRIC MOTOR General Services; (2) the term ``charge card''-- (A) means a card, plate, coupon book, or other - credit device existing for the purpose of obtaining - money, property, labor, or services on credit; and + means existing for the purpose of obtaining money, + property, labor, or services; and (B) includes-- (i) a card issued under the GSA SmartPay program; and @@ -74,7 +59,25 @@ United States Code-- (c) Issuance of Charge Cards.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue to each Federal agency a charge card for each covered electric motor vehicle of -the Federal agency that may be used by the Federal agency to charge the -covered motor vehicle in accordance with the guidance issued under -subsection (b). - \ No newline at end of file +the Federal agency that may be used by an officer or employee of the +Federal agency to pay for charging the covered motor vehicle in +accordance with the guidance issued under subsection (b). + + Passed the Senate November 21, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 2193 + +_______________________________________________________________________ + + AN ACT + + To require the Administrator of General Services to issue guidance to + clarify that Federal agencies may pay by charge card for the charging + of Federal electric motor vehicles, and for other purposes. From a2170a5888c6d36ec05f6a2fd679995b35fbb7fe Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 867/984] Senate-2193: Enrolled --- bills_text/Senate-2193.txt | 104 +++++++++++++++++-------------------- 1 file changed, 47 insertions(+), 57 deletions(-) diff --git a/bills_text/Senate-2193.txt b/bills_text/Senate-2193.txt index 9412ab4..f9afeb0 100644 --- a/bills_text/Senate-2193.txt +++ b/bills_text/Senate-2193.txt @@ -1,61 +1,65 @@ -116th CONGRESS - 1st Session - S. 2193 + S.2193 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To require the Administrator of General Services to issue guidance to - clarify that Federal agencies may pay by charge card for the charging - of Federal electric motor vehicles, and for other purposes. +clarify that Federal agencies may pay by charge card for the charging of + Federal electric motor vehicles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Charging Helps Agencies Realize General Efficiencies Act'' or the ``CHARGE Act''. - SEC. 2. PAYMENT BY CHARGE CARD FOR CHARGING FEDERAL ELECTRIC MOTOR - VEHICLES. - +VEHICLES. (a) Definitions.--In this Act-- - (1) the term ``Administrator'' means the Administrator of - General Services; - (2) the term ``charge card''-- - (A) means a card, plate, coupon book, or other - means existing for the purpose of obtaining money, - property, labor, or services; and - (B) includes-- - (i) a card issued under the GSA SmartPay - program; and - (ii) a Fleet Services card; - (3) the term ``covered electric motor vehicle'' means a - passenger carrier that is-- - (A) a passenger motor vehicle; and - (B) an electric motor vehicle; - (4) the term ``electric motor vehicle'' has the meaning - given the term in section 601 of the Energy Policy Act of 1992 - (42 U.S.C. 13271); - (5) the term ``electric motor vehicle charging station'' - means a battery-charging station that permits the transfer of - electric energy (by conductive or inductive means) to a battery - or other storage device in an electric motor vehicle; and - (6) the terms ``Federal agency'' and ``passenger carrier'' - have the meanings given those terms in section 1344(h) of title - 31, United States Code. + (1) the term ``Administrator'' means the Administrator of + General Services; + (2) the term ``charge card''-- + (A) means a card, plate, coupon book, or other means + existing for the purpose of obtaining money, property, labor, + or services; and + (B) includes-- + (i) a card issued under the GSA SmartPay program; and + (ii) a Fleet Services card; + (3) the term ``covered electric motor vehicle'' means a + passenger carrier that is-- + (A) a passenger motor vehicle; and + (B) an electric motor vehicle; + (4) the term ``electric motor vehicle'' has the meaning given + the term in section 601 of the Energy Policy Act of 1992 (42 U.S.C. + 13271); + (5) the term ``electric motor vehicle charging station'' means + a battery-charging station that permits the transfer of electric + energy (by conductive or inductive means) to a battery or other + storage device in an electric motor vehicle; and + (6) the terms ``Federal agency'' and ``passenger carrier'' have + the meanings given those terms in section 1344(h) of title 31, + United States Code. (b) Guidance.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidance to clarify that each Federal agency may, in accordance with section 1344 of title 31, United States Code-- - (1) charge a covered electric motor vehicle at a commercial - electric motor vehicle charging station; and - (2) pay for a transaction described in paragraph (1) with a - charge card. + (1) charge a covered electric motor vehicle at a commercial + electric motor vehicle charging station; and + (2) pay for a transaction described in paragraph (1) with a + charge card. (c) Issuance of Charge Cards.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue to each Federal agency a charge card for each covered electric motor vehicle of @@ -63,21 +67,7 @@ the Federal agency that may be used by an officer or employee of the Federal agency to pay for charging the covered motor vehicle in accordance with the guidance issued under subsection (b). - Passed the Senate November 21, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session + Speaker of the House of Representatives. - S. 2193 - -_______________________________________________________________________ - - AN ACT - - To require the Administrator of General Services to issue guidance to - clarify that Federal agencies may pay by charge card for the charging - of Federal electric motor vehicles, and for other purposes. + Vice President of the United States and + President of the Senate. From 88a0cf9647d12a3a200f843331c3d4151e3ab00b Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 868/984] Senate-2216: Introduced to Senate --- bills_text/Senate-2216.txt | 89 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 89 insertions(+) create mode 100644 bills_text/Senate-2216.txt diff --git a/bills_text/Senate-2216.txt b/bills_text/Senate-2216.txt new file mode 100644 index 0000000..9693182 --- /dev/null +++ b/bills_text/Senate-2216.txt @@ -0,0 +1,89 @@ +116th CONGRESS + 1st Session + S. 2216 + + To require the Secretary of Veterans Affairs to formally recognize + caregivers of veterans, notify veterans and caregivers of clinical + determinations relating to eligibility for caregiver programs, and +temporarily extend benefits for veterans who are determined ineligible + for the family caregiver program, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 23, 2019 + + Mr. Peters (for himself and Mrs. Blackburn) introduced the following + bill; which was read twice and referred to the Committee on Veterans' + Affairs + +_______________________________________________________________________ + + A BILL + + + + To require the Secretary of Veterans Affairs to formally recognize + caregivers of veterans, notify veterans and caregivers of clinical + determinations relating to eligibility for caregiver programs, and +temporarily extend benefits for veterans who are determined ineligible + for the family caregiver program, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Transparency and Effective +Accountability Measures for Veteran Caregivers Act'' or the ``TEAM +Veteran Caregivers Act''. + +SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAM OF + DEPARTMENT OF VETERANS AFFAIRS. + + (a) Official Designation of Caregivers.-- + (1) In general.--The Secretary of Veterans Affairs shall + formally recognize all caregivers of veterans by identifying + any caregiver of a veteran in the health record of the veteran. + (2) Inclusion.--Caregivers recognized under paragraph (1) + shall include-- + (A) family caregivers participating in the program + of comprehensive assistance for family caregivers under + subsection (a) of section 1720G of title 38, United + States Code; and + (B) caregivers participating in the program of + support services for caregivers under subsection (b) of + such section. + (b) Notification Letters Regarding Clinical Determinations.-- + (1) In general.--The Secretary, using a standardized + letter, shall notify veterans and caregivers of veterans + regarding any clinical determinations made relating to claims + under, or eligibility for, a caregiver program under subsection + (a) or (b) of section 1720G of title 38, United States Code. + (2) Elements.--Notifications under paragraph (1) shall + include the elements required for notices of decisions under + section 5104(b) of title 38, United States Code, to the extent + that those elements apply to claims or eligibility + determinations under paragraph (1). + (c) Temporary Extension of Benefits for Family Caregiver Program.-- + (1) In general.--Upon determining that a veteran who was + receiving services under the program of comprehensive + assistance for family caregivers under section 1720G(a) of + title 38, United States Code, is no longer clinically eligible + for purposes of such program, the Secretary shall extend + benefits under such program, including stipends under paragraph + (3)(A)(ii)(V) of such section, for not less than 90 days after + the date of notification under subsection (b) that the veteran + is no longer clinically eligible. + (2) Exclusion.--Paragraph (1) shall not apply to the + termination of caregiver benefits-- + (A) for cause, including-- + (i) noncompliance with requirements of the + program; or + (ii) fraud; + (B) because the veteran died; or + (C) upon request of the caregiver or the veteran. + \ No newline at end of file From 7e1c59502da359ce38ab779ebe9a360f75e0b5a9 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 869/984] Senate-2216: Engrossed in Senate --- bills_text/Senate-2216.txt | 187 ++++++++++++++++++++++++------------- 1 file changed, 120 insertions(+), 67 deletions(-) diff --git a/bills_text/Senate-2216.txt b/bills_text/Senate-2216.txt index 9693182..b8a5e2d 100644 --- a/bills_text/Senate-2216.txt +++ b/bills_text/Senate-2216.txt @@ -1,36 +1,19 @@ 116th CONGRESS - 1st Session + 2d Session S. 2216 - To require the Secretary of Veterans Affairs to formally recognize - caregivers of veterans, notify veterans and caregivers of clinical - determinations relating to eligibility for caregiver programs, and -temporarily extend benefits for veterans who are determined ineligible - for the family caregiver program, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - July 23, 2019 - - Mr. Peters (for himself and Mrs. Blackburn) introduced the following - bill; which was read twice and referred to the Committee on Veterans' - Affairs - _______________________________________________________________________ - A BILL + AN ACT To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical - determinations relating to eligibility for caregiver programs, and -temporarily extend benefits for veterans who are determined ineligible - for the family caregiver program, and for other purposes. + determinations relating to eligibility for the family caregiver + program, and temporarily extend benefits for veterans who are + determined ineligible for the family caregiver program, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -41,49 +24,119 @@ SECTION 1. SHORT TITLE. Accountability Measures for Veteran Caregivers Act'' or the ``TEAM Veteran Caregivers Act''. -SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAM OF +SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. - (a) Official Designation of Caregivers.-- - (1) In general.--The Secretary of Veterans Affairs shall - formally recognize all caregivers of veterans by identifying - any caregiver of a veteran in the health record of the veteran. - (2) Inclusion.--Caregivers recognized under paragraph (1) - shall include-- - (A) family caregivers participating in the program - of comprehensive assistance for family caregivers under - subsection (a) of section 1720G of title 38, United - States Code; and - (B) caregivers participating in the program of - support services for caregivers under subsection (b) of - such section. - (b) Notification Letters Regarding Clinical Determinations.-- - (1) In general.--The Secretary, using a standardized - letter, shall notify veterans and caregivers of veterans - regarding any clinical determinations made relating to claims - under, or eligibility for, a caregiver program under subsection - (a) or (b) of section 1720G of title 38, United States Code. - (2) Elements.--Notifications under paragraph (1) shall - include the elements required for notices of decisions under - section 5104(b) of title 38, United States Code, to the extent - that those elements apply to claims or eligibility - determinations under paragraph (1). - (c) Temporary Extension of Benefits for Family Caregiver Program.-- - (1) In general.--Upon determining that a veteran who was - receiving services under the program of comprehensive - assistance for family caregivers under section 1720G(a) of - title 38, United States Code, is no longer clinically eligible - for purposes of such program, the Secretary shall extend - benefits under such program, including stipends under paragraph - (3)(A)(ii)(V) of such section, for not less than 90 days after - the date of notification under subsection (b) that the veteran - is no longer clinically eligible. - (2) Exclusion.--Paragraph (1) shall not apply to the - termination of caregiver benefits-- - (A) for cause, including-- - (i) noncompliance with requirements of the - program; or - (ii) fraud; - (B) because the veteran died; or - (C) upon request of the caregiver or the veteran. - \ No newline at end of file + (a) Formal Recognition of Caregivers.-- + (1) Report.-- + (A) In general.--Not later than 60 days after the + date of the enactment of this Act, the Secretary shall + submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the + House of Representatives a report regarding the + feasibility and advisability of formally recognizing + all caregivers of veterans by identifying any caregiver + of a veteran in the electronic health record of the + veteran. + (B) Caregivers recognized.--The recognition of + caregivers described in subparagraph (A) shall include + recognition of -- + (i) any family caregiver who is approved as + a provider of personal care services for an + eligible veteran under the program of + comprehensive assistance for family caregivers + under subsection (a) of section 1720G of title + 38, United States Code; and + (ii) any caregiver of a covered veteran + participating in the program of general + caregiver support services under subsection (b) + of such section. + (C) Timeline.--If the Secretary determines that + formally recognizing all caregivers of veterans as + described in subparagraph (A) is feasible and + advisable, the report required by such subparagraph + shall include a timeline for implementing such + recognition. + (2) Implementation.--If the Secretary determines that + formally recognizing all caregivers of veterans as described in + paragraph (1)(A) is feasible and advisable, the Secretary shall + implement such recognition in accordance with the timeline + included in the report required by such paragraph. + (b) Notifications, Extension of Benefits, and Discharge From Family +Caregiver Program.--Section 1720G(a) of title 38, United States Code, +is amended by adding at the end the following new paragraphs: + ``(12)(A) The Secretary shall notify the individuals described in +subparagraph (C) regarding decisions affecting the furnishing of +assistance under this subsection using standardized letters, as the +Secretary determines such notifications and letters to be appropriate. + ``(B) A notification provided under subparagraph (A) shall include +the elements required for notices of decisions under section 5104(b) of +this title to the extent that those elements apply to such +notification, unless, not later than 60 days after the date of the +enactment of the Transparency and Effective Accountability Measures for +Veteran Caregivers Act, the Secretary determines that it would not be +feasible to include such elements in such notifications and submits to +the Committee on Veterans' Affairs of the Senate and the Committee on +Veterans' Affairs of the House of Representatives a report setting +forth the reasons for such determination. + ``(C) The individuals described in this subparagraph shall +include-- + ``(i) an individual who submits an application for the + program established under paragraph (1); + ``(ii) an individual determined by the Secretary to be an + eligible veteran pursuant to such an application; and + ``(iii) a family caregiver of an eligible veteran who is-- + ``(I) approved as a provider of personal care + services under paragraph (6)(B); or + ``(II) designated as a primary provider of personal + care services under paragraph (7)(A). + ``(13)(A) If the Secretary determines that a veteran receiving +services under the program established under paragraph (1) is no longer +eligible for such program solely because of improvement in the +condition of the veteran-- + ``(i) the effective date of discharge of the veteran from + the program shall be not earlier than the date that is 60 days + after the date on which the Secretary provides notice of such + lack of eligibility under paragraph (12)(A) to the relevant + individuals described in paragraph (12)(C); and + ``(ii) the Secretary shall extend benefits under the + program established under paragraph (1) for a family caregiver + of the veteran described in paragraph (12)(C)(iii), including + stipends under paragraph (3)(A)(ii)(V), if such an extension is + determined appropriate by the Secretary, for a 90-day period + following discharge of the veteran from the program. + ``(B) This paragraph shall not be construed to limit the authority +of the Secretary-- + ``(i) to prescribe regulations addressing other bases for-- + ``(I) the discharge of a veteran from the program + established under paragraph (1); or + ``(II) the revocation of the designation of a + family caregiver of a veteran as a primary provider of + personal care services under paragraph (7)(A); or + ``(ii) to provide advance notice and extended benefits + under the program, as appropriate, if another basis for + discharge of a veteran described in subclause (I) of clause (i) + or revocation of a designation described in subclause (II) of + such clause applies.''. + + Passed the Senate November 17, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2216 + +_______________________________________________________________________ + + AN ACT + + To require the Secretary of Veterans Affairs to formally recognize + caregivers of veterans, notify veterans and caregivers of clinical + determinations relating to eligibility for the family caregiver + program, and temporarily extend benefits for veterans who are + determined ineligible for the family caregiver program, and for other + purposes. From 4351ae8952d16ef9fe205f54ee21ce568fd4d344 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 870/984] Senate-2216: Enrolled --- bills_text/Senate-2216.txt | 187 +++++++++++++++++-------------------- 1 file changed, 84 insertions(+), 103 deletions(-) diff --git a/bills_text/Senate-2216.txt b/bills_text/Senate-2216.txt index b8a5e2d..17b2cb5 100644 --- a/bills_text/Senate-2216.txt +++ b/bills_text/Senate-2216.txt @@ -1,67 +1,66 @@ -116th CONGRESS - 2d Session - S. 2216 + S.2216 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To require the Secretary of Veterans Affairs to formally recognize - caregivers of veterans, notify veterans and caregivers of clinical - determinations relating to eligibility for the family caregiver - program, and temporarily extend benefits for veterans who are - determined ineligible for the family caregiver program, and for other - purposes. + To require the Secretary of Veterans Affairs to formally recognize + caregivers of veterans, notify veterans and caregivers of clinical +determinations relating to eligibility for the family caregiver program, + and temporarily extend benefits for veterans who are determined + ineligible for the family caregiver program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Transparency and Effective Accountability Measures for Veteran Caregivers Act'' or the ``TEAM Veteran Caregivers Act''. - SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAMS OF - DEPARTMENT OF VETERANS AFFAIRS. - +DEPARTMENT OF VETERANS AFFAIRS. (a) Formal Recognition of Caregivers.-- - (1) Report.-- - (A) In general.--Not later than 60 days after the - date of the enactment of this Act, the Secretary shall - submit to the Committee on Veterans' Affairs of the - Senate and the Committee on Veterans' Affairs of the - House of Representatives a report regarding the - feasibility and advisability of formally recognizing - all caregivers of veterans by identifying any caregiver - of a veteran in the electronic health record of the - veteran. - (B) Caregivers recognized.--The recognition of - caregivers described in subparagraph (A) shall include - recognition of -- - (i) any family caregiver who is approved as - a provider of personal care services for an - eligible veteran under the program of - comprehensive assistance for family caregivers - under subsection (a) of section 1720G of title - 38, United States Code; and - (ii) any caregiver of a covered veteran - participating in the program of general - caregiver support services under subsection (b) - of such section. - (C) Timeline.--If the Secretary determines that - formally recognizing all caregivers of veterans as - described in subparagraph (A) is feasible and - advisable, the report required by such subparagraph - shall include a timeline for implementing such - recognition. - (2) Implementation.--If the Secretary determines that - formally recognizing all caregivers of veterans as described in - paragraph (1)(A) is feasible and advisable, the Secretary shall - implement such recognition in accordance with the timeline - included in the report required by such paragraph. + (1) Report.-- + (A) In general.--Not later than 60 days after the date of + the enactment of this Act, the Secretary shall submit to the + Committee on Veterans' Affairs of the Senate and the Committee + on Veterans' Affairs of the House of Representatives a report + regarding the feasibility and advisability of formally + recognizing all caregivers of veterans by identifying any + caregiver of a veteran in the electronic health record of the + veteran. + (B) Caregivers recognized.--The recognition of caregivers + described in subparagraph (A) shall include recognition of -- + (i) any family caregiver who is approved as a provider + of personal care services for an eligible veteran under the + program of comprehensive assistance for family caregivers + under subsection (a) of section 1720G of title 38, United + States Code; and + (ii) any caregiver of a covered veteran participating + in the program of general caregiver support services under + subsection (b) of such section. + (C) Timeline.--If the Secretary determines that formally + recognizing all caregivers of veterans as described in + subparagraph (A) is feasible and advisable, the report required + by such subparagraph shall include a timeline for implementing + such recognition. + (2) Implementation.--If the Secretary determines that formally + recognizing all caregivers of veterans as described in paragraph + (1)(A) is feasible and advisable, the Secretary shall implement + such recognition in accordance with the timeline included in the + report required by such paragraph. (b) Notifications, Extension of Benefits, and Discharge From Family Caregiver Program.--Section 1720G(a) of title 38, United States Code, is amended by adding at the end the following new paragraphs: @@ -81,62 +80,44 @@ Veterans' Affairs of the House of Representatives a report setting forth the reasons for such determination. ``(C) The individuals described in this subparagraph shall include-- - ``(i) an individual who submits an application for the - program established under paragraph (1); - ``(ii) an individual determined by the Secretary to be an - eligible veteran pursuant to such an application; and - ``(iii) a family caregiver of an eligible veteran who is-- - ``(I) approved as a provider of personal care - services under paragraph (6)(B); or - ``(II) designated as a primary provider of personal - care services under paragraph (7)(A). + ``(i) an individual who submits an application for the program + established under paragraph (1); + ``(ii) an individual determined by the Secretary to be an + eligible veteran pursuant to such an application; and + ``(iii) a family caregiver of an eligible veteran who is-- + ``(I) approved as a provider of personal care services + under paragraph (6)(B); or + ``(II) designated as a primary provider of personal care + services under paragraph (7)(A). ``(13)(A) If the Secretary determines that a veteran receiving services under the program established under paragraph (1) is no longer eligible for such program solely because of improvement in the condition of the veteran-- - ``(i) the effective date of discharge of the veteran from - the program shall be not earlier than the date that is 60 days - after the date on which the Secretary provides notice of such - lack of eligibility under paragraph (12)(A) to the relevant - individuals described in paragraph (12)(C); and - ``(ii) the Secretary shall extend benefits under the - program established under paragraph (1) for a family caregiver - of the veteran described in paragraph (12)(C)(iii), including - stipends under paragraph (3)(A)(ii)(V), if such an extension is - determined appropriate by the Secretary, for a 90-day period - following discharge of the veteran from the program. + ``(i) the effective date of discharge of the veteran from the + program shall be not earlier than the date that is 60 days after + the date on which the Secretary provides notice of such lack of + eligibility under paragraph (12)(A) to the relevant individuals + described in paragraph (12)(C); and + ``(ii) the Secretary shall extend benefits under the program + established under paragraph (1) for a family caregiver of the + veteran described in paragraph (12)(C)(iii), including stipends + under paragraph (3)(A)(ii)(V), if such an extension is determined + appropriate by the Secretary, for a 90-day period following + discharge of the veteran from the program. ``(B) This paragraph shall not be construed to limit the authority of the Secretary-- - ``(i) to prescribe regulations addressing other bases for-- - ``(I) the discharge of a veteran from the program - established under paragraph (1); or - ``(II) the revocation of the designation of a - family caregiver of a veteran as a primary provider of - personal care services under paragraph (7)(A); or - ``(ii) to provide advance notice and extended benefits - under the program, as appropriate, if another basis for - discharge of a veteran described in subclause (I) of clause (i) - or revocation of a designation described in subclause (II) of - such clause applies.''. - - Passed the Senate November 17, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 2216 - -_______________________________________________________________________ - - AN ACT - - To require the Secretary of Veterans Affairs to formally recognize - caregivers of veterans, notify veterans and caregivers of clinical - determinations relating to eligibility for the family caregiver - program, and temporarily extend benefits for veterans who are - determined ineligible for the family caregiver program, and for other - purposes. + ``(i) to prescribe regulations addressing other bases for-- + ``(I) the discharge of a veteran from the program + established under paragraph (1); or + ``(II) the revocation of the designation of a family + caregiver of a veteran as a primary provider of personal care + services under paragraph (7)(A); or + ``(ii) to provide advance notice and extended benefits under + the program, as appropriate, if another basis for discharge of a + veteran described in subclause (I) of clause (i) or revocation of a + designation described in subclause (II) of such clause applies.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 1dc9ad99b12ee15c12a2b7738525e4c5828d1554 Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 871/984] Senate-2249: Engrossed in Senate --- bills_text/Senate-2249.txt | 48 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 48 insertions(+) create mode 100644 bills_text/Senate-2249.txt diff --git a/bills_text/Senate-2249.txt b/bills_text/Senate-2249.txt new file mode 100644 index 0000000..bad161d --- /dev/null +++ b/bills_text/Senate-2249.txt @@ -0,0 +1,48 @@ +116th CONGRESS + 1st Session + S. 2249 + +_______________________________________________________________________ + + AN ACT + + + + To allow the Deputy Administrator of the Federal Aviation + Administration on the date of enactment of this Act to continue to + serve as such Deputy Administrator. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. AUTHORITY FOR CONTINUATION OF SERVICE OF THE DEPUTY + ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION. + + (a) In General.--An individual serving as Deputy Administrator of +the Federal Aviation Administration on the date of enactment of this +Act may continue to serve as such Deputy Administrator, without regard +to the restrictions specified in the 5th sentence of section 106(d)(1) +of title 49, United States Code. + (b) Rule of Construction.--Nothing in this Act shall be construed +as approval by Congress of any future appointments of military persons +to the Offices of Administrator and Deputy Administrator of the Federal +Aviation Administration. + + Passed the Senate July 24, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 2249 + +_______________________________________________________________________ + + AN ACT + + To allow the Deputy Administrator of the Federal Aviation + Administration on the date of enactment of this Act to continue to + serve as such Deputy Administrator. From a61a50375416684358ee43bcfbe96c69cefb9bc0 Mon Sep 17 00:00:00 2001 From: "Sen. Wicker, Roger F. [R-MS]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 872/984] Senate-2249: Enrolled --- bills_text/Senate-2249.txt | 49 ++++++++++++++++---------------------- 1 file changed, 21 insertions(+), 28 deletions(-) diff --git a/bills_text/Senate-2249.txt b/bills_text/Senate-2249.txt index bad161d..e87f864 100644 --- a/bills_text/Senate-2249.txt +++ b/bills_text/Senate-2249.txt @@ -1,23 +1,30 @@ -116th CONGRESS - 1st Session - S. 2249 + S.2249 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To allow the Deputy Administrator of the Federal Aviation - Administration on the date of enactment of this Act to continue to - serve as such Deputy Administrator. +To allow the Deputy Administrator of the Federal Aviation Administration +on the date of enactment of this Act to continue to serve as such Deputy + Administrator. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. AUTHORITY FOR CONTINUATION OF SERVICE OF THE DEPUTY - ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION. - +ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION. (a) In General.--An individual serving as Deputy Administrator of the Federal Aviation Administration on the date of enactment of this Act may continue to serve as such Deputy Administrator, without regard @@ -28,21 +35,7 @@ as approval by Congress of any future appointments of military persons to the Offices of Administrator and Deputy Administrator of the Federal Aviation Administration. - Passed the Senate July 24, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 2249 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To allow the Deputy Administrator of the Federal Aviation - Administration on the date of enactment of this Act to continue to - serve as such Deputy Administrator. + Vice President of the United States and + President of the Senate. From 8b8f360f273f250a29ccee88005fdc4cce35b46a Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 873/984] Senate-2258: Engrossed in Senate --- bills_text/Senate-2258.txt | 181 +++++++++++++++++++++++++++++++++++++ 1 file changed, 181 insertions(+) create mode 100644 bills_text/Senate-2258.txt diff --git a/bills_text/Senate-2258.txt b/bills_text/Senate-2258.txt new file mode 100644 index 0000000..7264d35 --- /dev/null +++ b/bills_text/Senate-2258.txt @@ -0,0 +1,181 @@ +116th CONGRESS + 1st Session + S. 2258 + +_______________________________________________________________________ + + AN ACT + + + + To provide anti-retaliation protections for antitrust whistleblowers. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Criminal Antitrust Anti-Retaliation +Act of 2019''. + +SEC. 2. AMENDMENT TO ACPERA. + + The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 +(Public Law 108-237; 15 U.S.C. 1 note) is amended by inserting after +section 215 the following: + +``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. + + ``(a) Whistleblower Protections for Employees, Contractors, +Subcontractors, and Agents.-- + ``(1) In general.--No employer may discharge, demote, + suspend, threaten, harass, or in any other manner discriminate + against a covered individual in the terms and conditions of + employment of the covered individual because of any lawful act + done by the covered individual-- + ``(A) to provide or cause to be provided to the + Federal Government or a person with supervisory + authority over the covered individual (or such other + person working for the employer who has the authority + to investigate, discover, or terminate misconduct) + information relating to-- + ``(i) any violation of, or any act or + omission the covered individual reasonably + believes to be a violation of, the antitrust + laws; or + ``(ii) any violation of, or any act or + omission the covered individual reasonably + believes to be a violation of, another criminal + law committed in conjunction with a potential + violation of the antitrust laws or in + conjunction with an investigation by the + Department of Justice of a potential violation + of the antitrust laws; or + ``(B) to cause to be filed, testify in, participate + in, or otherwise assist a Federal Government + investigation or a Federal Government proceeding filed + or about to be filed (with any knowledge of the + employer) relating to-- + ``(i) any violation of, or any act or + omission the covered individual reasonably + believes to be a violation of, the antitrust + laws; or + ``(ii) any violation of, or any act or + omission the covered individual reasonably + believes to be a violation of, another criminal + law committed in conjunction with a potential + violation of the antitrust laws or in + conjunction with an investigation by the + Department of Justice of a potential violation + of the antitrust laws. + ``(2) Limitation on protections.--Paragraph (1) shall not + apply to any covered individual if-- + ``(A) the covered individual planned and initiated + a violation or attempted violation of the antitrust + laws; + ``(B) the covered individual planned and initiated + a violation or attempted violation of another criminal + law in conjunction with a violation or attempted + violation of the antitrust laws; or + ``(C) the covered individual planned and initiated + an obstruction or attempted obstruction of an + investigation by the Department of Justice of a + violation of the antitrust laws. + ``(3) Definitions.--In this section: + ``(A) Antitrust laws.--The term `antitrust laws' + means section 1 or 3 of the Sherman Act (15 U.S.C. 1 + and 3). + ``(B) Covered individual.--The term `covered + individual' means an employee, contractor, + subcontractor, or agent of an employer. + ``(C) Employer.--The term `employer' means a + person, or any officer, employee, contractor, + subcontractor, or agent of such person. + ``(D) Federal government.--The term `Federal + Government' means-- + ``(i) a Federal regulatory or law + enforcement agency; or + ``(ii) any Member of Congress or committee + of Congress. + ``(E) Person.--The term `person' has the same + meaning as in subsection (a) of the first section of + the Clayton Act (15 U.S.C. 12(a)). + ``(4) Rule of construction.--The term `violation', with + respect to the antitrust laws, shall not be construed to + include a civil violation of any law that is not also a + criminal violation. + ``(b) Enforcement Action.-- + ``(1) In general.--A covered individual who alleges + discharge or other discrimination by any employer in violation + of subsection (a) may seek relief under subsection (c) by-- + ``(A) filing a complaint with the Secretary of + Labor; or + ``(B) if the Secretary of Labor has not issued a + final decision within 180 days of the filing of the + complaint and there is no showing that such delay is + due to the bad faith of the claimant, bringing an + action at law or equity for de novo review in the + appropriate district court of the United States, which + shall have jurisdiction over such an action without + regard to the amount in controversy. + ``(2) Procedure.-- + ``(A) In general.--A complaint filed with the + Secretary of Labor under paragraph (1)(A) shall be + governed under the rules and procedures set forth in + section 42121(b) of title 49, United States Code. + ``(B) Exception.--Notification made under section + 42121(b)(1) of title 49, United States Code, shall be + made to any individual named in the complaint and to + the employer. + ``(C) Burdens of proof.--An action brought under + paragraph (1)(B) shall be governed by the legal burdens + of proof set forth in section 42121(b) of title 49, + United States Code. + ``(D) Statute of limitations.--A complaint under + paragraph (1)(A) shall be filed with the Secretary of + Labor not later than 180 days after the date on which + the violation occurs. + ``(E) Civil actions to enforce.--If a person fails + to comply with an order or preliminary order issued by + the Secretary of Labor pursuant to the procedures set + forth in section 42121(b) of title 49, United States + Code, the Secretary of Labor or the person on whose + behalf the order was issued may bring a civil action to + enforce the order in the district court of the United + States for the judicial district in which the violation + occurred. + ``(c) Remedies.-- + ``(1) In general.--A covered individual prevailing in any + action under subsection (b)(1) shall be entitled to all relief + necessary to make the covered individual whole. + ``(2) Compensatory damages.--Relief for any action under + paragraph (1) shall include-- + ``(A) reinstatement with the same seniority status + that the covered individual would have had, but for the + discrimination; + ``(B) the amount of back pay, with interest; and + ``(C) compensation for any special damages + sustained as a result of the discrimination including + litigation costs, expert witness fees, and reasonable + attorney's fees. + ``(d) Rights Retained by Whistleblowers.--Nothing in this section +shall be deemed to diminish the rights, privileges, or remedies of any +covered individual under any Federal or State law, or under any +collective bargaining agreement.''. + + Passed the Senate October 17, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 2258 + +_______________________________________________________________________ + + AN ACT + + To provide anti-retaliation protections for antitrust whistleblowers. From 2022d0c5d08c73af0072f470ffa64bd13de8d67c Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:43 -0500 Subject: [PATCH 874/984] Senate-2258: Enrolled --- bills_text/Senate-2258.txt | 282 +++++++++++++++++-------------------- 1 file changed, 126 insertions(+), 156 deletions(-) diff --git a/bills_text/Senate-2258.txt b/bills_text/Senate-2258.txt index 7264d35..6c6b66b 100644 --- a/bills_text/Senate-2258.txt +++ b/bills_text/Senate-2258.txt @@ -1,181 +1,151 @@ -116th CONGRESS - 1st Session - S. 2258 + S.2258 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To provide anti-retaliation protections for antitrust whistleblowers. + To provide anti-retaliation protections for antitrust whistleblowers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Criminal Antitrust Anti-Retaliation Act of 2019''. - SEC. 2. AMENDMENT TO ACPERA. - The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by inserting after section 215 the following: - -``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. - + ``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. ``(a) Whistleblower Protections for Employees, Contractors, Subcontractors, and Agents.-- - ``(1) In general.--No employer may discharge, demote, - suspend, threaten, harass, or in any other manner discriminate - against a covered individual in the terms and conditions of - employment of the covered individual because of any lawful act - done by the covered individual-- - ``(A) to provide or cause to be provided to the - Federal Government or a person with supervisory - authority over the covered individual (or such other - person working for the employer who has the authority - to investigate, discover, or terminate misconduct) - information relating to-- - ``(i) any violation of, or any act or - omission the covered individual reasonably - believes to be a violation of, the antitrust - laws; or - ``(ii) any violation of, or any act or - omission the covered individual reasonably - believes to be a violation of, another criminal - law committed in conjunction with a potential - violation of the antitrust laws or in - conjunction with an investigation by the - Department of Justice of a potential violation - of the antitrust laws; or - ``(B) to cause to be filed, testify in, participate - in, or otherwise assist a Federal Government - investigation or a Federal Government proceeding filed - or about to be filed (with any knowledge of the - employer) relating to-- - ``(i) any violation of, or any act or - omission the covered individual reasonably - believes to be a violation of, the antitrust - laws; or - ``(ii) any violation of, or any act or - omission the covered individual reasonably - believes to be a violation of, another criminal - law committed in conjunction with a potential - violation of the antitrust laws or in - conjunction with an investigation by the - Department of Justice of a potential violation - of the antitrust laws. - ``(2) Limitation on protections.--Paragraph (1) shall not - apply to any covered individual if-- - ``(A) the covered individual planned and initiated - a violation or attempted violation of the antitrust - laws; - ``(B) the covered individual planned and initiated - a violation or attempted violation of another criminal - law in conjunction with a violation or attempted - violation of the antitrust laws; or - ``(C) the covered individual planned and initiated - an obstruction or attempted obstruction of an - investigation by the Department of Justice of a - violation of the antitrust laws. - ``(3) Definitions.--In this section: - ``(A) Antitrust laws.--The term `antitrust laws' - means section 1 or 3 of the Sherman Act (15 U.S.C. 1 - and 3). - ``(B) Covered individual.--The term `covered - individual' means an employee, contractor, - subcontractor, or agent of an employer. - ``(C) Employer.--The term `employer' means a - person, or any officer, employee, contractor, - subcontractor, or agent of such person. - ``(D) Federal government.--The term `Federal - Government' means-- - ``(i) a Federal regulatory or law - enforcement agency; or - ``(ii) any Member of Congress or committee - of Congress. - ``(E) Person.--The term `person' has the same - meaning as in subsection (a) of the first section of - the Clayton Act (15 U.S.C. 12(a)). - ``(4) Rule of construction.--The term `violation', with - respect to the antitrust laws, shall not be construed to - include a civil violation of any law that is not also a - criminal violation. + ``(1) In general.--No employer may discharge, demote, suspend, + threaten, harass, or in any other manner discriminate against a + covered individual in the terms and conditions of employment of the + covered individual because of any lawful act done by the covered + individual-- + ``(A) to provide or cause to be provided to the Federal + Government or a person with supervisory authority over the + covered individual (or such other person working for the + employer who has the authority to investigate, discover, or + terminate misconduct) information relating to-- + ``(i) any violation of, or any act or omission the + covered individual reasonably believes to be a violation + of, the antitrust laws; or + ``(ii) any violation of, or any act or omission the + covered individual reasonably believes to be a violation + of, another criminal law committed in conjunction with a + potential violation of the antitrust laws or in conjunction + with an investigation by the Department of Justice of a + potential violation of the antitrust laws; or + ``(B) to cause to be filed, testify in, participate in, or + otherwise assist a Federal Government investigation or a + Federal Government proceeding filed or about to be filed (with + any knowledge of the employer) relating to-- + ``(i) any violation of, or any act or omission the + covered individual reasonably believes to be a violation + of, the antitrust laws; or + ``(ii) any violation of, or any act or omission the + covered individual reasonably believes to be a violation + of, another criminal law committed in conjunction with a + potential violation of the antitrust laws or in conjunction + with an investigation by the Department of Justice of a + potential violation of the antitrust laws. + ``(2) Limitation on protections.--Paragraph (1) shall not apply + to any covered individual if-- + ``(A) the covered individual planned and initiated a + violation or attempted violation of the antitrust laws; + ``(B) the covered individual planned and initiated a + violation or attempted violation of another criminal law in + conjunction with a violation or attempted violation of the + antitrust laws; or + ``(C) the covered individual planned and initiated an + obstruction or attempted obstruction of an investigation by the + Department of Justice of a violation of the antitrust laws. + ``(3) Definitions.--In this section: + ``(A) Antitrust laws.--The term `antitrust laws' means + section 1 or 3 of the Sherman Act (15 U.S.C. 1 and 3). + ``(B) Covered individual.--The term `covered individual' + means an employee, contractor, subcontractor, or agent of an + employer. + ``(C) Employer.--The term `employer' means a person, or any + officer, employee, contractor, subcontractor, or agent of such + person. + ``(D) Federal government.--The term `Federal Government' + means-- + ``(i) a Federal regulatory or law enforcement agency; + or + ``(ii) any Member of Congress or committee of Congress. + ``(E) Person.--The term `person' has the same meaning as in + subsection (a) of the first section of the Clayton Act (15 + U.S.C. 12(a)). + ``(4) Rule of construction.--The term `violation', with respect + to the antitrust laws, shall not be construed to include a civil + violation of any law that is not also a criminal violation. ``(b) Enforcement Action.-- - ``(1) In general.--A covered individual who alleges - discharge or other discrimination by any employer in violation - of subsection (a) may seek relief under subsection (c) by-- - ``(A) filing a complaint with the Secretary of - Labor; or - ``(B) if the Secretary of Labor has not issued a - final decision within 180 days of the filing of the - complaint and there is no showing that such delay is - due to the bad faith of the claimant, bringing an - action at law or equity for de novo review in the - appropriate district court of the United States, which - shall have jurisdiction over such an action without - regard to the amount in controversy. - ``(2) Procedure.-- - ``(A) In general.--A complaint filed with the - Secretary of Labor under paragraph (1)(A) shall be - governed under the rules and procedures set forth in - section 42121(b) of title 49, United States Code. - ``(B) Exception.--Notification made under section - 42121(b)(1) of title 49, United States Code, shall be - made to any individual named in the complaint and to - the employer. - ``(C) Burdens of proof.--An action brought under - paragraph (1)(B) shall be governed by the legal burdens - of proof set forth in section 42121(b) of title 49, - United States Code. - ``(D) Statute of limitations.--A complaint under - paragraph (1)(A) shall be filed with the Secretary of - Labor not later than 180 days after the date on which - the violation occurs. - ``(E) Civil actions to enforce.--If a person fails - to comply with an order or preliminary order issued by - the Secretary of Labor pursuant to the procedures set - forth in section 42121(b) of title 49, United States - Code, the Secretary of Labor or the person on whose - behalf the order was issued may bring a civil action to - enforce the order in the district court of the United - States for the judicial district in which the violation - occurred. + ``(1) In general.--A covered individual who alleges discharge + or other discrimination by any employer in violation of subsection + (a) may seek relief under subsection (c) by-- + ``(A) filing a complaint with the Secretary of Labor; or + ``(B) if the Secretary of Labor has not issued a final + decision within 180 days of the filing of the complaint and + there is no showing that such delay is due to the bad faith of + the claimant, bringing an action at law or equity for de novo + review in the appropriate district court of the United States, + which shall have jurisdiction over such an action without + regard to the amount in controversy. + ``(2) Procedure.-- + ``(A) In general.--A complaint filed with the Secretary of + Labor under paragraph (1)(A) shall be governed under the rules + and procedures set forth in section 42121(b) of title 49, + United States Code. + ``(B) Exception.--Notification made under section + 42121(b)(1) of title 49, United States Code, shall be made to + any individual named in the complaint and to the employer. + ``(C) Burdens of proof.--An action brought under paragraph + (1)(B) shall be governed by the legal burdens of proof set + forth in section 42121(b) of title 49, United States Code. + ``(D) Statute of limitations.--A complaint under paragraph + (1)(A) shall be filed with the Secretary of Labor not later + than 180 days after the date on which the violation occurs. + ``(E) Civil actions to enforce.--If a person fails to + comply with an order or preliminary order issued by the + Secretary of Labor pursuant to the procedures set forth in + section 42121(b) of title 49, United States Code, the Secretary + of Labor or the person on whose behalf the order was issued may + bring a civil action to enforce the order in the district court + of the United States for the judicial district in which the + violation occurred. ``(c) Remedies.-- - ``(1) In general.--A covered individual prevailing in any - action under subsection (b)(1) shall be entitled to all relief - necessary to make the covered individual whole. - ``(2) Compensatory damages.--Relief for any action under - paragraph (1) shall include-- - ``(A) reinstatement with the same seniority status - that the covered individual would have had, but for the - discrimination; - ``(B) the amount of back pay, with interest; and - ``(C) compensation for any special damages - sustained as a result of the discrimination including - litigation costs, expert witness fees, and reasonable - attorney's fees. + ``(1) In general.--A covered individual prevailing in any + action under subsection (b)(1) shall be entitled to all relief + necessary to make the covered individual whole. + ``(2) Compensatory damages.--Relief for any action under + paragraph (1) shall include-- + ``(A) reinstatement with the same seniority status that the + covered individual would have had, but for the discrimination; + ``(B) the amount of back pay, with interest; and + ``(C) compensation for any special damages sustained as a + result of the discrimination including litigation costs, expert + witness fees, and reasonable attorney's fees. ``(d) Rights Retained by Whistleblowers.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law, or under any collective bargaining agreement.''. - Passed the Senate October 17, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 2258 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To provide anti-retaliation protections for antitrust whistleblowers. + Vice President of the United States and + President of the Senate. From c1376431bbd225be22af98ba5fc7a79944da240a Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 875/984] Senate-2330: Introduced to Senate --- bills_text/Senate-2330.txt | 916 +++++++++++++++++++++++++++++++++++++ 1 file changed, 916 insertions(+) create mode 100644 bills_text/Senate-2330.txt diff --git a/bills_text/Senate-2330.txt b/bills_text/Senate-2330.txt new file mode 100644 index 0000000..730cb72 --- /dev/null +++ b/bills_text/Senate-2330.txt @@ -0,0 +1,916 @@ +116th CONGRESS + 1st Session + S. 2330 + +To amend the Ted Stevens Olympic and Amateur Sports Act to provide for +congressional oversight of the board of directors of the United States + Olympic and Paralympic Committee and to protect amateur athletes from + emotional, physical, and sexual abuse, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 30, 2019 + + Mr. Moran (for himself and Mr. Blumenthal) introduced the following + bill; which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + +To amend the Ted Stevens Olympic and Amateur Sports Act to provide for +congressional oversight of the board of directors of the United States + Olympic and Paralympic Committee and to protect amateur athletes from + emotional, physical, and sexual abuse, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Empowering Olympic and Amateur +Athletes Act of 2019''. + +SEC. 2. FINDINGS. + + Congress makes the following findings: + (1) The courageous voice of survivors is a call to action + to end emotional, physical, and sexual abuse in the Olympic and + Paralympic movement. + (2) Larry Nassar, the former national team doctor for USA + Gymnastics, sexually abused over 300 athletes for over two + decades because of ineffective oversight by USA Gymnastics and + the United States Olympic Committee. + (3) While the case of Larry Nassar is unprecedented in + scale, the case is hardly the only recent incident of sexual + abuse in amateur sports. + (4) Survivors of Larry Nassar's abuse and all survivors of + abuse in the Olympic and Paralympic movement deserve justice + and redress for the wrongs the survivors have suffered. + (5) After a comprehensive congressional investigation, + including interviews and statements from survivors, former and + current organization officials, law enforcement, and advocates, + Congress found that the United States Olympic Committee and USA + Gymnastics fundamentally failed to uphold their existing + statutory purposes and duties to protect amateur athletes from + sexual, emotional, or physical abuse. + (6) USA Gymnastics and the United States Olympic Committee + knowingly concealed abuse by Larry Nassar, leading to the abuse + of dozens of additional amateur athletes during the period + beginning in the summer of 2015 and ending in September 2016. + (7) Ending abuse in the Olympic and Paralympic movement + requires enhanced oversight to ensure that the Olympic and + Paralympic movement does more to serve athletes and protect + their voice and safety. + +SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE. + + (a) In General.--Chapter 2205 of title 36, United States Code, is +amended-- + (1) in section 220501(b)(6), by striking ``United States + Olympic Committee'' and inserting ``United States Olympic and + Paralympic Committee''; + (2) in section 220502, by amending subsection (c) to read + as follows: + ``(c) References to United States Olympic Association and United +States Olympic Committee.--Any reference to the United States Olympic +Association or the United States Olympic Committee is deemed to refer +to the United States Olympic and Paralympic Committee.''; + (3) in section 2205506(a), by striking ``United States + Olympic Committee'' and inserting ``United States Olympic and + Paralympic Committee''; and + (4) in section 220531, by striking ``United States Olympic + Committee'' each place it appears and inserting ``United States + Olympic and Paralympic Committee''. + (b) Conforming Amendment.--The table of chapters for part B of +subtitle II of title 36, United States Code, is amended by striking the +item relating to chapter 2205 and inserting the following: + +``2205. United States Olympic and Paralympic Committee...... 220501''. + +SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC + COMMITTEE AND NATIONAL GOVERNING BODIES. + + (a) In General.--Chapter 2205 of title 36, United States Code, is +amended-- + (1) by redesignating the second subchapter designated as + subchapter III (relating to the United States Center for Safe + Sport), as added by section 202 of the Protecting Young Victims + from Sexual Abuse and Safe Sport Authorization Act of 2017 + (Public Law 115-126; 132 Stat. 320) as subchapter IV; and + (2) by adding at the end the following: + + ``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND + TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES + +``Sec. 220551. Definitions + ``In this subchapter, the term `joint resolution' means a joint +resolution-- + ``(1) which does not have a preamble; and + ``(2) for which-- + ``(A)(i) the title is only as follows: `A joint + resolution to dissolve the board of directors of the + United States Olympic and Paralympic Committee'; and + ``(ii) the matter after the resolving clause-- + ``(I) is as follows: `That Congress finds + that dissolving the board of directors of the + United States Olympic and Paralympic Committee + would not unduly interfere with the operations + of chapter 2205 of title 36, United States + Code'; and + ``(II) prescribes adequate procedures for + forming a board of directors of the corporation + with all reasonable expediency and in a manner + that safeguards the voting power of the + representatives of amateur athletes at all + times; or + ``(B)(i) the title is only as follows: `A joint + resolution relating to terminating the recognition of a + national governing body'; and + ``(ii) the matter after the resolving clause is + only as follows: `That Congress determines that + _________, which is recognized as a national governing + body under section 220521 of title 36, United States + Code, has failed to fulfill its duties, as described in + section 220524 of title 36, United States Code', the + blank space being filled in with the name of the + applicable national governing body. +``Sec. 220552. Dissolution of board of directors of corporation and + termination of recognition of national governing bodies + ``(a) Dissolution of Board of Directors of Corporation.--Effective +on the date of enactment of a joint resolution described in section +220551(2)(A) with respect to the board of directors of the corporation, +such board of directors shall be dissolved. + ``(b) Termination of Recognition of National Governing Body.-- +Effective on the date of enactment of a joint resolution described in +section 220551(2)(B) with respect to a national governing body, the +recognition of the applicable amateur sports organization as a national +governing body shall cease to have force or effect. +``Sec. 220553. Joint resolution + ``(a) Referral and Reporting.-- + ``(1) House of representatives.-- + ``(A) In general.--In the House of Representatives, + a joint resolution shall be referred to the Committee + on Energy and Commerce. + ``(B) Discharge.--The Committee on Energy and + Commerce shall be discharged from further consideration + of a joint resolution and the joint resolution shall be + referred to the appropriate calendar on the date on + which not less than three-fifths of the Members of the + House of Representatives, duly chosen and sworn, are + listed as cosponsors of the joint resolution. + ``(C) Limitation on consideration.--Except as + provided in subsection (e)(1), it shall not be in order + for the House of Representatives to consider a joint + resolution unless-- + ``(i) the joint resolution is reported by + the Committee on Energy and Commerce; or + ``(ii) the Committee on Energy and Commerce + is discharged from further consideration of the + joint resolution under subparagraph (B). + ``(2) Senate.-- + ``(A) In general.--In the Senate, a joint + resolution shall be referred to the Committee on + Commerce, Science, and Transportation. + ``(B) Discharge.--The Committee on Commerce, + Science, and Transportation shall be discharged from + further consideration of the joint resolution and the + joint resolution shall be referred to the appropriate + calendar on the date on which not less than three- + fifths of the Members of the Senate, duly chosen and + sworn, are listed as cosponsors of the joint + resolution. + ``(C) Limitation on consideration.--Except as + provided in subsection (e)(1), it shall not be in order + for the Senate to consider a joint resolution unless-- + ``(i) the joint resolution is reported by + the Committee on Commerce, Science, and + Transportation; or + ``(ii) the Committee on Commerce, Science, + and Transportation is discharged from further + consideration of the joint resolution under + subparagraph (B). + ``(b) Expedited Consideration in House of Representatives.-- + ``(1) Proceeding to consideration.--After the Committee on + Energy and Commerce reports a joint resolution to the House of + Representatives or has been discharged from its consideration + in accordance with subsection (a)(1)(B), it shall be in order + to move to proceed to consider the joint resolution in the + House of Representatives. All points of order against the + motion are waived. Such a motion shall not be in order after + the House of Representatives has disposed of a motion to + proceed on a joint resolution. The previous question shall be + considered as ordered on the motion to its adoption without + intervening motion. The motion is highly privileged in the + House of Representatives and is not debatable. A motion to + reconsider the vote by which the motion is disposed of shall + not be in order. + ``(2) Consideration.--A joint resolution shall be + considered as read. All points of order against the joint + resolution and against its consideration are waived. The + previous question shall be considered as ordered on the joint + resolution to its final passage without intervening motion + except 2 hours of debate equally divided and controlled by the + proponent and an opponent. A motion to reconsider the vote on + passage of the joint resolution shall not be in order. + ``(c) Expedited Procedure in Senate.-- + ``(1) Motion to proceed.--Notwithstanding rule XXII of the + Standing Rules of the Senate, after the Committee on Commerce, + Science, and Transportation reports a joint resolution to the + Senate or has been discharged from its consideration in + accordance with subsection (a)(2)(B), it shall be in order for + any Member of the Senate to move to proceed to the + consideration of the joint resolution. A motion to proceed is + in order even though a previous motion to the same effect has + been disagreed to. The motion to proceed is not debatable. The + motion is not subject to a motion to postpone. A motion to + reconsider the vote by which the motion is agreed to or + disagreed to shall not be in order. If a motion to proceed to + the consideration of the joint resolution is agreed to, the + joint resolution shall remain the unfinished business until + disposed of. + ``(2) Consideration.--Consideration of a joint resolution, + and on all debatable motions and appeals in connection + therewith, shall be limited to not more than 10 hours, which + shall be divided equally between the Majority and Minority + Leaders or their designees. A motion further to limit debate is + in order and not debatable. A motion to postpone, a motion to + proceed to the consideration of other business, or a motion to + recommit the joint resolution is not in order. Any debatable + motion is debatable for not to exceed 1 hour, to be divided + equally between those favoring and those opposing the motion. + All time used for consideration of the joint resolution, + including time used for quorum calls and voting, shall be + counted against the total 10 hours of consideration. + ``(3) Vote on passage.--If the Senate has voted to proceed + to a joint resolution, the vote on passage of the joint + resolution shall occur immediately following the conclusion of + consideration of the joint resolution, and a single quorum call + at the conclusion of the consideration if requested in + accordance with the rules of the Senate. + ``(4) Rulings of the chair on procedure.--Appeals from the + decisions of the Chair relating to the application of the rules + of the Senate to the procedure relating to a joint resolution + shall be decided without debate. + ``(d) Amendments Not in Order.--A joint resolution shall not be +subject to amendment in either the House of Representatives or the +Senate. + ``(e) Rules to Coordinate Action With Other House.-- + ``(1) Treatment of joint resolution of other house.-- + ``(A) In general.--If the Senate or House of + Representatives fails to introduce or consider a joint + resolution under this section, the joint resolution of + the other House-- + ``(i) shall be entitled to expedited floor + procedures described under this section; and + ``(ii) may be referred in the receiving + chamber or may be held at the desk. + ``(B) Potential referral.--If a joint resolution + referred to a committee under subparagraph (A)(ii) is + cosponsored by not less than three-fifths of the + Members of the originating House, duly chosen and + sworn, the committee shall report the joint resolution + not later than 20 days after the date on which the + joint resolution is referred to the committee. + ``(2) Vetoes.--If the President vetoes a joint resolution, + debate on a veto message in the Senate under this section shall + be 1 hour equally divided between the Majority and Minority + leaders or their designees. + ``(f) Rulemaking Function.--This section is enacted by Congress-- + ``(1) as an exercise of the rulemaking power of the Senate + and House of Representatives, respectively, and as such it is + deemed a part of the rules of each House, respectively, but + applicable only with respect to the procedure to be followed in + that House in the case of a joint resolution, and it supersedes + other rules only to the extent that it is inconsistent with + such rules; and + ``(2) with full recognition of the constitutional right of + either House to change the rules (so far as relating to the + procedure of that House) at any time, in the same manner, and + to the same extent as in the case of any other rule of that + House.''. + (b) Technical and Conforming Amendments.--The table of sections for +chapter 2205 of title 36, United States Code, is amended-- + (1) by striking the second item relating to subchapter III + (relating to the United States Center for Safe Sport), as added + by section 202 of the Protecting Young Victims from Sexual + Abuse and Safe Sport Authorization Act of 2017 (Public Law 115- + 126; 132 Stat. 320) and inserting the following: + + ``subchapter iv--united states center for safe sport''; and + + (2) by adding at the end the following: + + ``subchapter v--dissolution of board of directors of corporation and + termination of recognition of national governing bodies + +``220551. Definitions. +``220552. Dissolution of board of directors of corporation and + termination of recognition of national + governing bodies. +``220553. Joint resolution.''. + (c) Effective Date.--The amendments made by this section shall take +effect on the date that is one year after the date of the enactment of +this Act. + +SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC + COMMITTEE. + + (a) Purposes of the Corporation.--Section 220503 of title 36, +United States Code, is amended-- + (1) in paragraph (14), by striking ``; and'' and inserting + a semicolon; + (2) in paragraph (15), by striking the period at the end + and inserting ``; and''; and + (3) by adding at the end the following: + ``(16) to exercise effective oversight of the national + governing bodies with respect to the establishment of a safe + environment in sports that is free from abuse, including + emotional, physical, and sexual abuse, of any amateur + athlete.''. + (b) Representation of Amateur Athletes.--Section 220504 of title +36, United States Code, is amended-- + (1) in subsection (b)(2)-- + (A) in the matter preceding subparagraph (A), by + striking ``within the preceding 10 years''; + (B) in subparagraph (A), by striking ``; and'' and + inserting a semicolon; + (C) in subparagraph (B)-- + (i) by striking ``20 percent'' and + inserting ``\1/3\''; and + (ii) by inserting ``, including any panel + empowered to resolve grievances'' before the + semicolon; + (D) by redesignating subparagraph (B) as + subparagraph (D); and + (E) by inserting after subparagraph (A) the + following: + ``(B) ensure that the chair of the Athletes' + Advisory Council holds voting power on the board of + directors of the corporation and in the committees and + entities of the corporation; + ``(C) require that \1/3\ of the membership of the + board of directors of the corporation shall be composed + of, and elected by, such amateur athletes; and''; and + (2) by adding at the end the following: + ``(c) Conflict of Interest.--An amateur athlete who represents +amateur athletes under subsection (b)(2) shall not be employed by the +Center during the 2-year period beginning on the date on which the +amateur athlete ceases such representation.''. + (c) Duty of Care.-- + (1) In general.--Section 220505 of title 36, United States + Code, is amended-- + (A) in the section heading, by striking ``Powers'' + and inserting ``Powers and duty of care''; and + (B) by adding at the end the following: + ``(d) Duty of Care.-- + ``(1) In general.--The corporation owes to amateur athletes + a duty of care-- + ``(A) to ensure that each national governing body + and paralympic sports organization complies with the + oversight practices, policies, and procedures developed + under paragraph (3) of section 220541(a); + ``(B) to immediately report to law enforcement any + allegation of child abuse of an amateur athlete who is + a minor; + ``(C) to ensure that each national governing body + and paralympic sports organization has in place + policies and procedures to report immediately any + allegation of child abuse of an amateur athlete, + consistent with-- + ``(i) the polices and procedures developed + under paragraph (3) of section 220541(a); and + ``(ii) the requirement described in + paragraph (2)(A) of section 220542(a); and + ``(D) to ensure that each national governing body + and paralympic sports organizations enforces temporary + measures and sanctions issued pursuant to the authority + of the Center. + ``(2) Rule of construction.--Nothing in this subsection + shall be construed to preempt or otherwise abrogate the duty of + care of the corporation under State law or the common law.''. + (2) Conforming amendment.--The table of sections for + chapter 2205 of title 36, United States Code, is amended by + striking the item relating to section 220505 and inserting the + following: + +``220505. Powers and duty of care.''. + (d) Policy With Respect to Assisting Member or Former Member To +Obtain New Jobs.--Section 220507 of title 36, United States Code, is +amended by adding at the end the following: + ``(c) Policy With Respect to Assisting Members or Former Members in +Obtaining New Jobs.--The corporation shall develop one or more policies +that prohibit any individual who is an employee, a contractor, or an +agent of the corporation from assisting a member or former member in +obtaining a new job, except the routine transmission of administrative +and personnel files, if the individual knows that such member or former +member engaged in sexual misconduct regarding a minor in violation of +the law.''. + (e) Office of Ombudsman.--Section 220509(b) of title 36, United +States Code, is amended-- + (1) in the subsection heading, by striking ``Ombudsman'' + and inserting ``Office of the Ombudsman''; + (2) in paragraph (2)-- + (A) in subparagraph (A), by moving clauses (i) + through (iii) two ems to the right; + (B) by striking ``(2) (A) The procedure'' and + inserting the following: + ``(2) Hiring procedures; vacancy; termination.-- + ``(A) Hiring procedures.--The procedure''; + (C) in subparagraph (B)-- + (i) by moving clauses (i) through (iii) to + ems to the right; and + (ii) by striking ``(B) The corporation'' + and inserting the following: + ``(C) Termination.--The corporation''; and + (D) in the undesignated matter following clause + (iii) of subparagraph (A), by striking ``If there is'' + and inserting the following: + ``(B) Vacancy.--If there is''; + (3) by redesignating paragraph (2) as paragraph (3); + (4) in paragraph (1), in the matter preceding subparagraph + (A), by striking ``(1) The corporation'' and all that follows + through ``who shall--'' and inserting the following: + ``(1) In general.--The corporation shall hire and provide + salary, benefits, and administrative expenses for an ombudsman + and support staff for athletes. + ``(2) Duties.--The ombudsman shall--''; + (5) in paragraph (2), as so designated by paragraph (4)-- + (A) in subparagraph (B), by striking ``; and'' and + inserting a semicolon; + (B) by redesignating subparagraph (C) as + subparagraph (D); and + (C) by inserting after subparagraph (B) the + following: + ``(C) provide independent advice to reporting + parties with respect to-- + ``(i) the role, responsibility, and + authority of the Center; + ``(ii) the relative merits of engaging + legal counsel; and + ``(iii) the factual allegations that may + support the ability of the Center to pursue a + claim of abuse; and''; and + (6) by inserting after paragraph (3), as redesignated by + paragraph (3), the following: + ``(4) Confidentiality.-- + ``(A) In general.--Except as provided in + subparagraph (B), the ombudsman shall maintain + confidential any information communicated or provided + to the ombudsman in any matter involving the exercise + of the official duties of the ombudsman. + ``(B) Exception.--The ombudsman may disclose + information described in subparagraph (A) as necessary + to resolve or mediate a dispute. + ``(C) Judicial and administrative proceedings.-- + ``(i) In general.--The ombudsman shall not + be compelled to testify or produce evidence in + any judicial or administrative proceeding with + respect to any matter involving the exercise of + the duties of the ombudsman. + ``(ii) Work product.--Any memorandum, work + product, notes, or case file of the office of + the ombudsman-- + ``(I) shall be confidential; and + ``(II) shall not be-- + ``(aa) subject to + discovery, subpoena, or any + other means of legal + compulsion; or + ``(bb) admissible as + evidence in a judicial or + administrative proceeding. + ``(D) Applicability.--The confidentiality + requirements under this paragraph shall not apply to + information relating to-- + ``(i) applicable federally mandated + reporting requirements; + ``(ii) a felony personally witnessed by a + member of the office of the ombudsman; + ``(iii) a situation, communicated to the + office of the ombudsman, in which an individual + is at imminent risk of serious harm; or + ``(iv) a congressional subpoena. + ``(5) Prohibition on retaliation.--An employee or a member + of the corporation who has authority to take, direct others to + take, recommend, or approve any personnel action, shall not, + with respect to such authority, take or threaten to take any + action against any employee or member as a reprisal for + disclosing information to the ombudsman or seeking assistance + in mediation. + ``(6) Independence in carrying out duties.--The board of + directors of the corporation or any other member or employee of + the corporation shall not prevent or prohibit the ombudsman + from carrying out any duty or responsibility under this + section.''. + (f) Reports and Audits.-- + (1) In general.--Section 220511 of title 36, United States + Code, is amended-- + (A) in the section heading, by striking ``Report'' + and inserting ``Reports and audits''; + (B) in subsection (a)-- + (i) in the matter preceding paragraph (1)-- + (I) by striking ``every fourth + year'' and inserting ``annually''; and + (II) by striking ``4 years'' and + inserting ``calendar year''; + (ii) by striking paragraph (1); + (iii) by redesignating paragraphs (2), (3), + and (4) as paragraphs (1), (2), and (3), + respectively; + (iv) in paragraph (1), as so redesignated, + by striking ``such 4-year period'' and + inserting ``such calendar year''; + (v) in paragraph (2), as so redesignated, + by striking ``; and'' and inserting a + semicolon; + (vi) in paragraph (3), as so redesignated, + by striking the period at the end and inserting + a semicolon; and + (vii) by adding at the end the following: + ``(4) a description of any lawsuit or grievance filed + against the corporation, including any dispute initiated under + this chapter; and + ``(5) the agenda and minutes of any meeting of the board of + directors of the corporation.''; and + (C) by adding at the end the following: + ``(c) Audit.-- + ``(1) In general.--Not less frequently than annually, the + financial statements of the corporation for the preceding + fiscal year shall be audited in accordance with generally + accepted auditing standards by-- + ``(A) an independent certified public accountant; + or + ``(B) an independent licensed public accountant who + is certified or licensed by the regulatory authority of + a State or a political subdivision of a State. + ``(2) Location.--An audit under paragraph (1) shall be + conducted at the location at which the financial statements of + the corporation normally are kept. + ``(3) Access.--An individual conducting an audit under + paragraph (1) shall be given access to-- + ``(A) all records and property owned or used by the + corporation, as necessary to facilitate the audit; and + ``(B) full access to any facility under audit for + the purpose of verifying transactions, including any + balance or security held by a depository, fiscal agent, + or custodian. + ``(4) Report.-- + ``(A) In general.--Not later than 180 days after + the end of the fiscal year for which an audit is + carried out, the auditor shall submit a report on the + audit to the Committee on Commerce, Science, and + Transportation of the Senate, the Committee on Energy + and Commerce of the House of Representatives, and the + chair of the Athletes' Advisory Council. + ``(B) Matters to be included.--Each report under + subparagraph (A) shall include the following for the + applicable fiscal year: + ``(i) Any statement necessary to present + fairly the assets, liabilities, and surplus or + deficit of the corporation. + ``(ii) An analysis of the changes in the + amounts of such assets, liabilities, and + surplus or deficit. + ``(iii) A detailed statement of the income + and expenses of the corporation, including the + results of any trading, manufacturing, + publishing, or other commercial endeavor. + ``(iv) A detailed statement of the amounts + spent on stipends and services for athletes. + ``(v) A detailed statement of the amounts + allocated to the national governing bodies. + ``(vi) Such comments and information as the + auditor considers necessary to inform Congress + of the financial operations and condition of + the corporation. + ``(vii) Recommendations relating to the + financial operations and condition of the + corporation. + ``(C) Form.--A report under this paragraph may not + be printed as a public document, except as part of + proceedings authorized to be printed under section 1332 + of title 44.''. + (2) Conforming amendment.--The table of sections for + chapter 2205 of title 36, United States Code, is amended by + striking the item relating to section 220511 and inserting the + following: + +``220511. Reports and audits.''. + +SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES. + + (a) Corporation Responsible for Obligations of National Governing +Bodies.--Section 220521(d) of title 36, United States Code, is amended +by striking ``The corporation may review'' and inserting ``Not later +than 8 years after the date of the enactment of the Empowering Olympic +and Amateur Athletes Act of 2019, and not less frequently than once +every 4 years thereafter, the corporation shall review''. + (b) Eligibility Requirements With Respect to Governing Boards.-- +Section 220522(a) of title 36, United States Code, is amended-- + (1) by redesignating paragraphs (10) through (15) as + paragraphs (11) through (16), respectively; + (2) by inserting after paragraph (9) the following: + ``(10) ensures that the selection criteria for individuals + and teams that represent the United States are as objective as + possible;''; + (3) by striking paragraph (13), as so redesignated, and + inserting the following: + ``(13) demonstrates, based on guidelines approved by the + corporation, the Athletes' Advisory Council, and the National + Governing Bodies' Council, that-- + ``(A) its board of directors and other such + governing boards have established criteria and election + procedures for, and maintain among their voting + members, individuals who-- + ``(i) are elected by amateur athletes; and + ``(ii) are actively engaged in amateur + athletic competition in the sport for which + recognition is sought; + ``(B) any exception to such guidelines by such + organization has been approved by-- + ``(i) the corporation; and + ``(ii) the Athletes' Advisory Council; and + ``(C) the voting power held by such individuals is + not less than \1/3\ of the voting power held in its + board of directors and other such governing boards;''; + (4) in paragraph (15), as so redesignated, by striking ``; + and'' and inserting a semicolon; + (5) in paragraph (16), as so redesignated, by striking the + period at the end and inserting ``; and''; and + (6) by adding at the end the following: + ``(17) commits to meeting any minimum standard or + requirement set forth by the corporation.''. + (c) General Duties of National Governing Bodies.--Section 220524 of +title 36, United States Code, is amended-- + (1) in the matter preceding paragraph (1), by striking + ``For the sport'' and inserting the following: + ``(a) In General.--For the sport''; + (2) in subsection (a), as so designated-- + (A) in paragraph (8), by striking ``; and'' and + inserting a semicolon; + (B) in paragraph (9), by striking the period at the + end and inserting a semicolon; and + (C) by adding at the end the following: + ``(10) develop one or more policies that prohibit any + individual who is an employee, a contractor, or an agent of the + national governing body from assisting a member or former + member in obtaining a new job, except from the routine + transmission of administrative and personnel files, if the + individual knows that such member or former member engaged in + sexual misconduct regarding a minor in violation of the law; + ``(11) promote a safe environment in sports that is free + from abuse of any amateur athlete, including emotional, + physical, and sexual abuse; + ``(12) take care to promote a safe environment in sports + using information relating to any temporary measure or sanction + issued pursuant to the authority of the Center; + ``(13) immediately report to law enforcement any allegation + of child abuse of an amateur athlete who is a minor; and + ``(14) have in place policies and procedures to report + immediately any allegation of child abuse of an amateur + athlete, consistent with-- + ``(A) the policies and procedures developed under + paragraph (3) of section 220541(a); and + ``(B) the requirement described in paragraph (2)(A) + of section 220542(a).''; and + (3) by adding at the end the following: + ``(b) Rule of Construction.--Nothing in this section shall be +construed to preempt or otherwise abrogate the duty of care of a +national governing body under State law or the common law.''. + (d) Ensure Limitations on Communications Are Included in +Limitations on Interactions.--Section 220530(a) of title 36, United +States Code, is amended-- + (1) in paragraph (2), by inserting ``, including + communications,'' after ``interactions''; and + (2) in paragraph (4), by striking ``makes'' and all that + follows through the period at the end and inserting the + following: ``makes-- + ``(A) a report under paragraph (1); or + ``(B) any other report relating to abuse of any + amateur athlete, including emotional, physical, and + sexual abuse.''. + +SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR SAFE SPORT. + + (a) List of Barred Individuals.--Section 220541(a) of title 36, +United States Code, is amended-- + (1) in paragraph (4), by striking ``; and'' and inserting a + semicolon; + (2) in paragraph (5), by striking the period at the end and + inserting ``; and''; and + (3) by adding at the end the following: + ``(6) publish and maintain a publicly available internet + website that contains a comprehensive list of individuals who + are barred from the corporation or a national governing + body.''. + (b) Definition of Applicable Entity.--Section 220541(d)(3) of title +36, United States Code, is amended-- + (1) by redesignating subparagraphs (B) through (G) as + subparagraphs (C) through (H), respectively; + (2) in subparagraph (G), as so redesignated, by striking + ``or (E)'' and inserting ``(E), or (F)''; and + (3) by inserting after subparagraph (A) the following: + ``(B) the corporation;''. + (c) Training Materials.--Section 220541 of title 36, United States +Code, is amended by adding at the end the following: + ``(e) Training Materials.--The office for education and outreach +referred to in subsection (a)(3) shall-- + ``(1) develop training materials for specific audiences, + including coaches, trainers, doctors, young children, + adolescents, adults, and mentally disabled individuals; and + ``(2) not less frequently than every 3 years, update such + training materials.''. + (d) Independence.--Section 220541 of title 36, United States Code, +as amended by subsection (c), is further amended by adding at the end +the following: + ``(f) Independence.-- + ``(1) Prohibition.--A former employee or board member of + the corporation or a national governing body shall not work or + volunteer at the Center during the 2-year period beginning on + the date on which the former employee or board member ceases + employment with the corporation or national governing body. + ``(2) Conflicts of interest.--An executive or counsel for + the Center shall be considered to have an inappropriate + conflict of interest if the executive or counsel also + represents the corporation or a national governing body. + ``(3) Investigations.-- + ``(A) In general.--The corporation and the national + governing bodies shall not interfere in, or attempt to + influence the outcome of, an investigation. + ``(B) Report.--In the case of an attempt to + interfere in, or influence the outcome of, an + investigation, not later than 72 hours after such + attempt, the Center shall submit to the Committee on + Commerce, Science, and Transportation of the Senate and + the Committee on Energy and Commerce of the House of + Representatives a report describing the attempt.''. + (e) Funding.--Section 220541 of title 36, United States Code, as +amended by subsections (c) and (d), is further amended by adding at the +end the following: + ``(g) Funding.-- + ``(1) Mandatory payments.-- + ``(A) Fiscal year 2019.--Not later than 30 days + after the date of the enactment of this subsection, the + corporation shall make a mandatory payment of + $20,000,000 to the Center for operating costs of the + Center for fiscal year 2019. + ``(B) Subsequent fiscal years.--Beginning on + January 1, 2020, the corporation shall make a mandatory + payment of $20,000,000 to the Center on January 1 each + year for operating costs of the Center. + ``(2) Funds from national governing bodies.--The + corporation may use funds received from one or more national + governing bodies to make a mandatory payment required by + paragraph (1). + ``(3) Failure to comply.-- + ``(A) In general.--The Center may file a lawsuit to + compel payment under paragraph (1). + ``(B) Penalty.--For each day of late or incomplete + payment of a mandatory payment under paragraph (1) + after January 1 of the applicable year, the Center + shall be allowed to recover from the corporation an + additional $20,000.''. + (f) Additional Duties.--Section 220542 of title 36, United States +Code, is amended-- + (1) in the section heading, by striking the period at the + end; and + (2) in subsection (a)-- + (A) in paragraph (1), by striking ``; and'' and + inserting a semicolon; and + (B) in paragraph (2)-- + (i) in subparagraph (A), by striking + clauses (i) and (ii) and inserting the + following: + ``(i) law enforcement consistent with + section 226 of the Victims of Child Abuse Act + of 1990 (34 U.S.C. 20341); and + ``(ii) the Center, whenever such members or + adults learn of facts leading them to suspect + reasonably that an amateur athlete who is a + minor has suffered an incident of child + abuse;''; + (ii) by redesignating subparagraphs (B) + through (F) as subparagraphs (E) through (I), + respectively; + (iii) by inserting after subparagraph (A) + the following: + ``(B) a requirement that the Center shall + immediately report to law enforcement consistent with + section 226 of the Victims of Child Abuse Act of 1990 + (34 U.S.C. 20341) any allegation of child abuse of an + amateur athlete who is a minor, including any report of + such abuse submitted to the Center by a minor or by any + person who is not otherwise required to report such + abuse; + ``(C) one or more policies that prohibit an + individual who is a Center employee, contractor, or + agent from assisting a member or former member in + obtaining a new job, except the routine transmission of + administrative and personnel files, if the individual + knows that such member or former member engaged in + sexual misconduct regarding a minor in violation of the + law; + ``(D) a requirement that the Center, including any + officer, agent, attorney, or staff member of the + Center, shall not take any action-- + ``(i) to notify an alleged perpetrator of + abuse of an amateur athlete of any ongoing + investigation or accusation unless the Center + has reason to believe an imminent hazard will + result from failing to so notify the alleged + perpetrator; and + ``(ii) on a date that is earlier than the + date on which law enforcement-- + ``(I) authorizes the Center to take + such action; or + ``(II) declines to act on the + allegation within 72 hours after the + time at which the Center reports to law + enforcement under subparagraph (B);''; + (iv) in subparagraph (F), as so + redesignated, by inserting ``, including + communications,'' after ``interactions''; + (v) by amending subparagraph (G), as so + redesignated, to read as follows: + ``(G) procedures to prohibit retaliation by any + national governing body or paralympic sports + organization against any individual who makes-- + ``(i) a report under subparagraph (A) or + (E); or + ``(ii) any other report relating to abuse + of any amateur athlete, including emotional, + physical, and sexual abuse;''; + (vi) in subparagraph (H), as so + redesignated, by striking ``; and'' and + inserting a semicolon; + (vii) in subparagraph (I), as so + redesignated, by striking the period at the end + of clause (ii) and inserting a semicolon; and + (viii) by adding at the end the following: + ``(J) a prohibition on the use in a report or a + resolution of the Center under section 220541(a)(4) of + any evidence relating to other sexual behavior or the + sexual predisposition of the alleged victim, or the + admission of any such evidence in arbitration, unless + the probative value of the use or admission of such + evidence, as determined by the Director or the + arbitrator, as applicable, substantially outweighs the + danger of-- + ``(i) any harm to the alleged victim; and + ``(ii) unfair prejudice to any party; and + ``(K) training for investigators on appropriate + methods and techniques for ensuring sensitivity toward + alleged victims during interviews and other + investigative activities.''. + (g) Report.--Section 220543(b) of title 36, United States Code, is +amended-- + (1) in paragraph (1), by striking ``; and'' and inserting a + semicolon; + (2) by redesignating paragraph (2) as paragraph (8); and + (3) by inserting after paragraph (1) the following: + ``(2) a strategic plan with respect to the manner in which + the Center shall fulfill its duties under sections 220541 and + 220542; + ``(3) a detailed description of the efforts made by the + Center to comply with such strategic plan during the preceding + year; + ``(4) any financial statement necessary to present fairly + the assets, liabilities, and surplus or deficit of the Center + for the preceding year; + ``(5) an analysis of the changes in the amounts of such + assets, liabilities, and surplus or deficit during the + preceding year; + ``(6) any information relating to any report received or + investigation conducted by the Center during the preceding + year, including the number, type, and results of such report or + investigation; + ``(7) any information relating to the education and + training conducted by the office of education and outreach of + the Center during the preceding year; and''. + +SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES. + + Section 362(b) of title 11, United States Code, is amended-- + (1) in paragraph (27), by striking ``and'' at the end; + (2) in paragraph (28), by striking the period at the end + and inserting ``; and''; and + (3) by inserting after paragraph (28) the following: + ``(29) under subsection (a)(1) of this section, of any + action by-- + ``(A) an amateur sports organization, as defined in + section 220501(b) of title 36, to replace a national + governing body, as defined in that section, under + section 220528 of that title; or + ``(B) the corporation, as defined in section + 220501(b) of title 36, to revoke the recognition of a + national governing body, as defined in that section, + under section 220521 of that title.''. + \ No newline at end of file From b86b77e2244fd92cce1a248689a5c7a9dac99aaf Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 876/984] Senate-2330: Engrossed in Senate --- bills_text/Senate-2330.txt | 1946 ++++++++++++++++++++++++++---------- 1 file changed, 1444 insertions(+), 502 deletions(-) diff --git a/bills_text/Senate-2330.txt b/bills_text/Senate-2330.txt index 730cb72..307d9d1 100644 --- a/bills_text/Senate-2330.txt +++ b/bills_text/Senate-2330.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2330 -To amend the Ted Stevens Olympic and Amateur Sports Act to provide for -congressional oversight of the board of directors of the United States - Olympic and Paralympic Committee and to protect amateur athletes from - emotional, physical, and sexual abuse, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - July 30, 2019 - - Mr. Moran (for himself and Mr. Blumenthal) introduced the following - bill; which was read twice and referred to the Committee on Commerce, - Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -35,8 +18,8 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. - This Act may be cited as the ``Empowering Olympic and Amateur -Athletes Act of 2019''. + This Act may be cited as the ``Empowering Olympic, Paralympic, and +Amateur Athletes Act of 2020''. SEC. 2. FINDINGS. @@ -59,7 +42,7 @@ SEC. 2. FINDINGS. current organization officials, law enforcement, and advocates, Congress found that the United States Olympic Committee and USA Gymnastics fundamentally failed to uphold their existing - statutory purposes and duties to protect amateur athletes from + statutory purposes and duty to protect amateur athletes from sexual, emotional, or physical abuse. (6) USA Gymnastics and the United States Olympic Committee knowingly concealed abuse by Larry Nassar, leading to the abuse @@ -70,41 +53,155 @@ SEC. 2. FINDINGS. Paralympic movement does more to serve athletes and protect their voice and safety. -SEC. 3. UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE. +SEC. 3. DEFINITIONS. + + Section 220501(b) of title 36, United States Code, is amended-- + (1) in paragraph (4), by striking ``United States Center + for Safe Sport'' and inserting ``United States Center for + SafeSport''; + (2) in paragraph (6), by striking ``United States Olympic + Committee'' and inserting ``United States Olympic and + Paralympic Committee''; + (3) by amending paragraph (8) to read as follows: + ``(8) `national governing body' means an amateur sports + organization, a high-performance management organization, or a + paralympic sports organization that is certified by the + corporation under section 220521.''; + (4) by striking paragraph (9); + (5) by redesignating paragraphs (4), (5), (6), (7), (8), + and (10) as paragraphs (5), (6), (7), (8), (9), and (12), + respectively; + (6) by inserting after paragraph (3) the following: + ``(4) `Athletes' Advisory Council' means the entity + established and maintained under section 220504(b)(2)(A) that-- + ``(A) is composed of, and elected by, amateur + athletes to ensure communication between the + corporation and currently active amateur athletes; and + ``(B) serves as a source of amateur-athlete opinion + and advice with respect to policies and proposed + policies of the corporation.''; and + (7) by inserting after paragraph (9), as so redesignated, + the following: + ``(10) `protected individual' means any amateur athlete, + coach, trainer, manager, administrator, or official associated + with the corporation or a national governing body. + ``(11) `retaliation' means any adverse or discriminatory + action, or the threat of an adverse or discriminatory action, + including removal from a training facility, reduced coaching or + training, reduced meals or housing, and removal from + competition, carried out against a protected individual as a + result of any communication, including the filing of a formal + complaint, by the protected individual or a parent or legal + guardian of the protected individual relating to the allegation + of physical abuse, sexual harassment, or emotional abuse, + with-- + ``(A) the Center; + ``(B) a coach, trainer, manager, administrator, or + official associated with the corporation; + ``(C) the Attorney General; + ``(D) a Federal or State law enforcement authority; + ``(E) the Equal Employment Opportunity Commission; + or + ``(F) Congress.''. + +SEC. 4. MODERNIZATION OF THE TED STEVENS OLYMPIC AND AMATEUR SPORTS + ACT. (a) In General.--Chapter 2205 of title 36, United States Code, is amended-- - (1) in section 220501(b)(6), by striking ``United States - Olympic Committee'' and inserting ``United States Olympic and - Paralympic Committee''; + (1) in the chapter heading, by striking ``UNITED STATES + OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND + PARALYMPIC COMMITTEE''; (2) in section 220502, by amending subsection (c) to read as follows: ``(c) References to United States Olympic Association and United States Olympic Committee.--Any reference to the United States Olympic Association or the United States Olympic Committee is deemed to refer to the United States Olympic and Paralympic Committee.''; - (3) in section 2205506(a), by striking ``United States - Olympic Committee'' and inserting ``United States Olympic and - Paralympic Committee''; and - (4) in section 220531, by striking ``United States Olympic + (3) in section 220503-- + (A) in paragraph (3), by striking ``and the Pan- + American Games'' each place it appears and inserting + ``the Pan-American Games, and the Parapan American + Games''; and + (B) in paragraph (4), by striking ``and Pan- + American Games'' and inserting ``the Pan-American + Games, and the Parapan American Games''; + (4) in section 220504(b)(3), by striking ``or the Pan- + American Games'' and inserting ``the Pan-American Games, or the + Parapan American Games''; + (5) in section 220505(c)-- + (A) in paragraph (3), by striking ``and the Pan- + American Games'' and inserting ``the Pan-American + Games, and the Parapan American Games''; + (B) by amending paragraph (4) to read as follows: + ``(4) certify national governing bodies for any sport that + is included on the program of the Olympic Games, the Paralympic + Games, the Pan-American Games, or the Parapan American + Games;''; and + (C) in paragraph (5), by inserting ``the Parapan + American Games,'' after ``the Pan-American Games,''; + (6) in section 220506-- + (A) in subsection (a)-- + (i) in paragraph (1), by striking ``United + States Olympic Committee'' and inserting + ``United States Olympic and Paralympic + Committee''; + (ii) in paragraph (2), by striking ``3 + TaiGeuks'' and inserting ``3 Agitos''; and + (iii) in paragraph (4), by inserting + ```Parapan American','' after ```Pan- + American',''; + (B) in subsection (b), by inserting ``the Parapan + American team,'' after ``the Pan-American team,''; and + (C) in subsection (c)(3), by striking ``or Pan- + American Games activity'' and inserting ``Pan-American, + or Parapan American Games activity''; + (7) in section 220509(a)-- + (A) in the first sentence, by inserting ``the + Parapan American Games,'' after ``the Pan-American + Games,''; and + (B) in the second sentence, by striking ``or the + Pan-American Games'' and inserting ``the Pan-American + Games, or the Parapan American Games''; + (8) in section 220512, by striking ``and Pan-American + Games'' and inserting ``Pan-American Games, and Parapan + American Games''; + (9) in section 220523(a), by striking ``and the Pan- + American Games'' each place it appears and inserting ``the Pan- + American Games, and the Parapan American Games''; + (10) in section 220528(c)-- + (A) in subparagraph (A), by striking ``or in both + the Olympic and Pan-American Games'' and inserting ``or + in each of the Olympic Games, the Paralympic Games, the + Pan-American Games, and the Parapan American Games''; + and + (B) by amending subparagraph (B) to read as + follows: + ``(B) any Pan-American Games or Parapan American + Games, for a sport in which competition is held in the + Pan-American Games or the Parapan American Games, as + applicable, but not in the Olympic Games or the + Paralympic Games.''; and + (11) in section 220531, by striking ``United States Olympic Committee'' each place it appears and inserting ``United States Olympic and Paralympic Committee''. (b) Conforming Amendment.--The table of chapters for part B of subtitle II of title 36, United States Code, is amended by striking the item relating to chapter 2205 and inserting the following: -``2205. United States Olympic and Paralympic Committee...... 220501''. +``2205. United States Olympic and Paralympic 220501''. + Committee. -SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC +SEC. 5. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE AND NATIONAL GOVERNING BODIES. (a) In General.--Chapter 2205 of title 36, United States Code, is amended-- (1) by redesignating the second subchapter designated as - subchapter III (relating to the United States Center for Safe - Sport), as added by section 202 of the Protecting Young Victims - from Sexual Abuse and Safe Sport Authorization Act of 2017 - (Public Law 115-126; 132 Stat. 320) as subchapter IV; and + subchapter III (relating to the United States Center for + SafeSport), as added by section 202 of the Protecting Young + Victims from Sexual Abuse and Safe Sport Authorization Act of + 2017 (Public Law 115-126; 132 Stat. 320) as subchapter IV; and (2) by adding at the end the following: ``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND @@ -127,10 +224,12 @@ resolution-- Code'; and ``(II) prescribes adequate procedures for forming a board of directors of the corporation - with all reasonable expediency and in a manner - that safeguards the voting power of the - representatives of amateur athletes at all - times; or + as expeditiously as possible and in a manner + that safeguards the membership and voting power + of the representatives of amateur athletes at + all times, consistent with the membership and + voting power of amateur athletes under section + 220504(b)(2); or ``(B)(i) the title is only as follows: `A joint resolution relating to terminating the recognition of a national governing body'; and @@ -152,159 +251,16 @@ such board of directors shall be dissolved. Effective on the date of enactment of a joint resolution described in section 220551(2)(B) with respect to a national governing body, the recognition of the applicable amateur sports organization as a national -governing body shall cease to have force or effect. -``Sec. 220553. Joint resolution - ``(a) Referral and Reporting.-- - ``(1) House of representatives.-- - ``(A) In general.--In the House of Representatives, - a joint resolution shall be referred to the Committee - on Energy and Commerce. - ``(B) Discharge.--The Committee on Energy and - Commerce shall be discharged from further consideration - of a joint resolution and the joint resolution shall be - referred to the appropriate calendar on the date on - which not less than three-fifths of the Members of the - House of Representatives, duly chosen and sworn, are - listed as cosponsors of the joint resolution. - ``(C) Limitation on consideration.--Except as - provided in subsection (e)(1), it shall not be in order - for the House of Representatives to consider a joint - resolution unless-- - ``(i) the joint resolution is reported by - the Committee on Energy and Commerce; or - ``(ii) the Committee on Energy and Commerce - is discharged from further consideration of the - joint resolution under subparagraph (B). - ``(2) Senate.-- - ``(A) In general.--In the Senate, a joint - resolution shall be referred to the Committee on - Commerce, Science, and Transportation. - ``(B) Discharge.--The Committee on Commerce, - Science, and Transportation shall be discharged from - further consideration of the joint resolution and the - joint resolution shall be referred to the appropriate - calendar on the date on which not less than three- - fifths of the Members of the Senate, duly chosen and - sworn, are listed as cosponsors of the joint - resolution. - ``(C) Limitation on consideration.--Except as - provided in subsection (e)(1), it shall not be in order - for the Senate to consider a joint resolution unless-- - ``(i) the joint resolution is reported by - the Committee on Commerce, Science, and - Transportation; or - ``(ii) the Committee on Commerce, Science, - and Transportation is discharged from further - consideration of the joint resolution under - subparagraph (B). - ``(b) Expedited Consideration in House of Representatives.-- - ``(1) Proceeding to consideration.--After the Committee on - Energy and Commerce reports a joint resolution to the House of - Representatives or has been discharged from its consideration - in accordance with subsection (a)(1)(B), it shall be in order - to move to proceed to consider the joint resolution in the - House of Representatives. All points of order against the - motion are waived. Such a motion shall not be in order after - the House of Representatives has disposed of a motion to - proceed on a joint resolution. The previous question shall be - considered as ordered on the motion to its adoption without - intervening motion. The motion is highly privileged in the - House of Representatives and is not debatable. A motion to - reconsider the vote by which the motion is disposed of shall - not be in order. - ``(2) Consideration.--A joint resolution shall be - considered as read. All points of order against the joint - resolution and against its consideration are waived. The - previous question shall be considered as ordered on the joint - resolution to its final passage without intervening motion - except 2 hours of debate equally divided and controlled by the - proponent and an opponent. A motion to reconsider the vote on - passage of the joint resolution shall not be in order. - ``(c) Expedited Procedure in Senate.-- - ``(1) Motion to proceed.--Notwithstanding rule XXII of the - Standing Rules of the Senate, after the Committee on Commerce, - Science, and Transportation reports a joint resolution to the - Senate or has been discharged from its consideration in - accordance with subsection (a)(2)(B), it shall be in order for - any Member of the Senate to move to proceed to the - consideration of the joint resolution. A motion to proceed is - in order even though a previous motion to the same effect has - been disagreed to. The motion to proceed is not debatable. The - motion is not subject to a motion to postpone. A motion to - reconsider the vote by which the motion is agreed to or - disagreed to shall not be in order. If a motion to proceed to - the consideration of the joint resolution is agreed to, the - joint resolution shall remain the unfinished business until - disposed of. - ``(2) Consideration.--Consideration of a joint resolution, - and on all debatable motions and appeals in connection - therewith, shall be limited to not more than 10 hours, which - shall be divided equally between the Majority and Minority - Leaders or their designees. A motion further to limit debate is - in order and not debatable. A motion to postpone, a motion to - proceed to the consideration of other business, or a motion to - recommit the joint resolution is not in order. Any debatable - motion is debatable for not to exceed 1 hour, to be divided - equally between those favoring and those opposing the motion. - All time used for consideration of the joint resolution, - including time used for quorum calls and voting, shall be - counted against the total 10 hours of consideration. - ``(3) Vote on passage.--If the Senate has voted to proceed - to a joint resolution, the vote on passage of the joint - resolution shall occur immediately following the conclusion of - consideration of the joint resolution, and a single quorum call - at the conclusion of the consideration if requested in - accordance with the rules of the Senate. - ``(4) Rulings of the chair on procedure.--Appeals from the - decisions of the Chair relating to the application of the rules - of the Senate to the procedure relating to a joint resolution - shall be decided without debate. - ``(d) Amendments Not in Order.--A joint resolution shall not be -subject to amendment in either the House of Representatives or the -Senate. - ``(e) Rules to Coordinate Action With Other House.-- - ``(1) Treatment of joint resolution of other house.-- - ``(A) In general.--If the Senate or House of - Representatives fails to introduce or consider a joint - resolution under this section, the joint resolution of - the other House-- - ``(i) shall be entitled to expedited floor - procedures described under this section; and - ``(ii) may be referred in the receiving - chamber or may be held at the desk. - ``(B) Potential referral.--If a joint resolution - referred to a committee under subparagraph (A)(ii) is - cosponsored by not less than three-fifths of the - Members of the originating House, duly chosen and - sworn, the committee shall report the joint resolution - not later than 20 days after the date on which the - joint resolution is referred to the committee. - ``(2) Vetoes.--If the President vetoes a joint resolution, - debate on a veto message in the Senate under this section shall - be 1 hour equally divided between the Majority and Minority - leaders or their designees. - ``(f) Rulemaking Function.--This section is enacted by Congress-- - ``(1) as an exercise of the rulemaking power of the Senate - and House of Representatives, respectively, and as such it is - deemed a part of the rules of each House, respectively, but - applicable only with respect to the procedure to be followed in - that House in the case of a joint resolution, and it supersedes - other rules only to the extent that it is inconsistent with - such rules; and - ``(2) with full recognition of the constitutional right of - either House to change the rules (so far as relating to the - procedure of that House) at any time, in the same manner, and - to the same extent as in the case of any other rule of that - House.''. +governing body shall cease to have force or effect.''. (b) Technical and Conforming Amendments.--The table of sections for chapter 2205 of title 36, United States Code, is amended-- (1) by striking the second item relating to subchapter III - (relating to the United States Center for Safe Sport), as added + (relating to the United States Center for SafeSport), as added by section 202 of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public Law 115- 126; 132 Stat. 320) and inserting the following: - ``subchapter iv--united states center for safe sport''; and + ``subchapter iv--united states center for safesport''; and (2) by adding at the end the following: @@ -314,85 +270,104 @@ chapter 2205 of title 36, United States Code, is amended-- ``220551. Definitions. ``220552. Dissolution of board of directors of corporation and termination of recognition of national - governing bodies. -``220553. Joint resolution.''. + governing bodies.''. (c) Effective Date.--The amendments made by this section shall take -effect on the date that is one year after the date of the enactment of +effect on the date that is 1 year after the date of the enactment of this Act. -SEC. 5. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC +SEC. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC COMMITTEE. (a) Purposes of the Corporation.--Section 220503 of title 36, United States Code, is amended-- - (1) in paragraph (14), by striking ``; and'' and inserting + (1) in paragraph (9), by inserting ``and access to'' after + ``development of''; + (2) in paragraph (14), by striking ``; and'' and inserting a semicolon; - (2) in paragraph (15), by striking the period at the end + (3) in paragraph (15), by striking the period at the end and inserting ``; and''; and - (3) by adding at the end the following: - ``(16) to exercise effective oversight of the national - governing bodies with respect to the establishment of a safe - environment in sports that is free from abuse, including - emotional, physical, and sexual abuse, of any amateur - athlete.''. - (b) Representation of Amateur Athletes.--Section 220504 of title -36, United States Code, is amended-- - (1) in subsection (b)(2)-- - (A) in the matter preceding subparagraph (A), by - striking ``within the preceding 10 years''; - (B) in subparagraph (A), by striking ``; and'' and - inserting a semicolon; - (C) in subparagraph (B)-- - (i) by striking ``20 percent'' and - inserting ``\1/3\''; and - (ii) by inserting ``, including any panel - empowered to resolve grievances'' before the - semicolon; - (D) by redesignating subparagraph (B) as - subparagraph (D); and - (E) by inserting after subparagraph (A) the - following: + (4) by adding at the end the following: + ``(16) to effectively oversee the national governing bodies + with respect to compliance with and implementation of the + policies and procedures of the corporation, including policies + and procedures on the establishment of a safe environment in + sports as described in paragraph (15).''. + (b) Membership and Representation.--Section 220504 of title 36, +United States Code, is amended-- + (1) in subsection (a), by inserting ``, and membership + shall be available only to national governing bodies'' before + the period at the end; + (2) in subsection (b), by amending paragraph (2) to read as + follows: + ``(2) amateur athletes who are actively engaged in amateur + athletic competition or who have represented the United States + in international amateur athletic competition, including + through provisions that-- + ``(A) establish and maintain an Athletes' Advisory + Council; ``(B) ensure that the chair of the Athletes' - Advisory Council holds voting power on the board of - directors of the corporation and in the committees and - entities of the corporation; - ``(C) require that \1/3\ of the membership of the - board of directors of the corporation shall be composed - of, and elected by, such amateur athletes; and''; and - (2) by adding at the end the following: - ``(c) Conflict of Interest.--An amateur athlete who represents -amateur athletes under subsection (b)(2) shall not be employed by the -Center during the 2-year period beginning on the date on which the -amateur athlete ceases such representation.''. - (c) Duty of Care.-- + Advisory Council, or the designee of the chair, holds + voting power on the board of directors of the + corporation and in the committees and entities of the + corporation; + ``(C) require that-- + ``(i) not less than \1/3\ of the membership + of the board of directors of the corporation + shall be composed of, and elected by, such + amateur athletes; and + ``(ii) not less than 20 percent of the + membership of the board of directors of the + corporation shall be composed of amateur + athletes who-- + ``(I) are actively engaged in + representing the United States in + international amateur athletic + competition; or + ``(II) have represented the United + States in international amateur + athletic competition during the + preceding 10-year period; and + ``(D) ensure that the membership and voting power + held by such amateur athletes is not less than \1/3\ + percent of the membership and voting power held in the + board of directors of the corporation and in the + committees and entities of the corporation, including + any panel empowered to resolve grievances;''; and + (3) by adding at the end the following: + ``(c) Conflict of Interest.--An athlete who represents athletes +under subsection (b)(2) shall not be employed by the Center, or serve +in a capacity that exercises decision-making authority on behalf of the +Center, during the 2-year period beginning on the date on which the +athlete ceases such representation. + ``(d) Certification Requirements.--The bylaws of the corporation +shall include a description of all generally applicable certification +requirements for membership in the corporation.''. + (c) Duties.-- (1) In general.--Section 220505 of title 36, United States Code, is amended-- (A) in the section heading, by striking ``Powers'' - and inserting ``Powers and duty of care''; and + and inserting ``Powers and duties''; and (B) by adding at the end the following: - ``(d) Duty of Care.-- - ``(1) In general.--The corporation owes to amateur athletes - a duty of care-- - ``(A) to ensure that each national governing body - and paralympic sports organization complies with the - oversight practices, policies, and procedures developed - under paragraph (3) of section 220541(a); - ``(B) to immediately report to law enforcement any - allegation of child abuse of an amateur athlete who is - a minor; - ``(C) to ensure that each national governing body - and paralympic sports organization has in place - policies and procedures to report immediately any - allegation of child abuse of an amateur athlete, - consistent with-- - ``(i) the polices and procedures developed - under paragraph (3) of section 220541(a); and + ``(d) Duties.-- + ``(1) In general.--The duty of the corporation to amateur + athletes includes the adoption, effective implementation, and + enforcement of policies and procedures designed-- + ``(A) to immediately report to law enforcement and + the Center any allegation of child abuse of an amateur + athlete who is a minor; + ``(B) to ensure that each national governing body + has in place policies and procedures to report + immediately any allegation of child abuse of an amateur + athlete, consistent with-- + ``(i) the policies and procedures developed + under subparagraph (C) of section 220541(a)(1); + and ``(ii) the requirement described in paragraph (2)(A) of section 220542(a); and - ``(D) to ensure that each national governing body - and paralympic sports organizations enforces temporary - measures and sanctions issued pursuant to the authority - of the Center. + ``(C) to ensure that each national governing body + and the corporation enforces temporary measures and + sanctions issued pursuant to the authority of the + Center. ``(2) Rule of construction.--Nothing in this subsection shall be construed to preempt or otherwise abrogate the duty of care of the corporation under State law or the common law.''. @@ -401,83 +376,139 @@ amateur athlete ceases such representation.''. striking the item relating to section 220505 and inserting the following: -``220505. Powers and duty of care.''. - (d) Policy With Respect to Assisting Member or Former Member To -Obtain New Jobs.--Section 220507 of title 36, United States Code, is -amended by adding at the end the following: +``220505. Powers and duties.''. + (d) Restrictions.-- + (1) Policy with respect to assisting members or former + members in obtaining jobs.--Section 220507 of title 36, United + States Code, is amended by adding at the end the following: ``(c) Policy With Respect to Assisting Members or Former Members in -Obtaining New Jobs.--The corporation shall develop one or more policies -that prohibit any individual who is an employee, a contractor, or an -agent of the corporation from assisting a member or former member in -obtaining a new job, except the routine transmission of administrative -and personnel files, if the individual knows that such member or former -member engaged in sexual misconduct regarding a minor in violation of -the law.''. - (e) Office of Ombudsman.--Section 220509(b) of title 36, United -States Code, is amended-- - (1) in the subsection heading, by striking ``Ombudsman'' - and inserting ``Office of the Ombudsman''; - (2) in paragraph (2)-- - (A) in subparagraph (A), by moving clauses (i) - through (iii) two ems to the right; - (B) by striking ``(2) (A) The procedure'' and - inserting the following: - ``(2) Hiring procedures; vacancy; termination.-- - ``(A) Hiring procedures.--The procedure''; - (C) in subparagraph (B)-- - (i) by moving clauses (i) through (iii) to - ems to the right; and - (ii) by striking ``(B) The corporation'' - and inserting the following: - ``(C) Termination.--The corporation''; and - (D) in the undesignated matter following clause - (iii) of subparagraph (A), by striking ``If there is'' - and inserting the following: - ``(B) Vacancy.--If there is''; - (3) by redesignating paragraph (2) as paragraph (3); - (4) in paragraph (1), in the matter preceding subparagraph - (A), by striking ``(1) The corporation'' and all that follows - through ``who shall--'' and inserting the following: +Obtaining Jobs.--The corporation shall develop 1 or more policies that +prohibit any individual who is an employee, contractor, or agent of the +corporation from assisting a member or former member in obtaining a new +job (except the routine transmission of administrative and personnel +files) if the individual knows that such member or former member +violated the policies or procedures of the Center related to sexual +misconduct or was convicted of a crime involving sexual misconduct with +a minor in violation of applicable law.''. + (2) Policy with respect to terms and conditions of + employment.-- + (A) In general.--Section 220507 of title 36, United + States Code, as amended by paragraph (1), is further + amended by adding at the end the following: + ``(d) Policy Regarding Terms and Conditions of Employment.--The +corporation shall establish a policy-- + ``(1) not to disperse bonus or severance pay to any + individual named as a subject of an ethics investigation by the + ethics committee of the corporation, until such individual is + cleared of wrongdoing by such investigation; and + ``(2) that provides that-- + ``(A) if the ethics committee determines that an + individual has violated the policies of the + corporation-- + ``(i) the individual is no longer entitled + to bonus or severance pay previously withheld; + and + ``(ii) the compensation committee of the + corporation may reduce or cancel the withheld + bonus or severance pay; and + ``(B) in the case of an individual who is the + subject of a criminal investigation, the ethics + committee shall investigate the individual.''. + (B) Applicability.--The amendment made by + subparagraph (A) shall not apply to any term of + employment for the disbursement of bonus or severance + pay that is in effect as of the day before the date of + the enactment of this Act. + (e) Resolution of Disputes and Protecting Abuse Victims From +Retaliation.--Section 220509 of title 36, United States Code, is +amended-- + (1) in subsection (a), in the first sentence, by inserting + ``complaints of retaliation or'' after ``relating to''; + (2) by amending subsection (b) to read as follows: + ``(b) Office of the Athlete Ombuds.-- ``(1) In general.--The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman and support staff for athletes. - ``(2) Duties.--The ombudsman shall--''; - (5) in paragraph (2), as so designated by paragraph (4)-- - (A) in subparagraph (B), by striking ``; and'' and - inserting a semicolon; - (B) by redesignating subparagraph (C) as - subparagraph (D); and - (C) by inserting after subparagraph (B) the - following: - ``(C) provide independent advice to reporting - parties with respect to-- - ``(i) the role, responsibility, and - authority of the Center; - ``(ii) the relative merits of engaging - legal counsel; and - ``(iii) the factual allegations that may - support the ability of the Center to pursue a - claim of abuse; and''; and - (6) by inserting after paragraph (3), as redesignated by - paragraph (3), the following: + ``(2) Duties.--The Office of the Athlete Ombuds shall-- + ``(A) provide independent advice to athletes at no + cost about the applicable provisions of this chapter + and the constitution and bylaws of the corporation, + national governing bodies, international sports + federations, the International Olympic Committee, the + International Paralympic Committee, and the Pan- + American Sports Organization, and with respect to the + resolution of any dispute involving the opportunity of + an amateur athlete to participate in the Olympic Games, + the Paralympic Games, the Pan-American Games, the + Parapan American Games, world championship competition + or other protected competition as defined in the + constitution and bylaws of the corporation; + ``(B) assist in the resolution of athlete concerns; + ``(C) provide independent advice to athletes with + respect to-- + ``(i) the role, responsibility, authority, + and jurisdiction of the Center; and + ``(ii) the relative value of engaging legal + counsel; and + ``(D) report to the Athletes' Advisory Council on a + regular basis. + ``(3) Hiring procedures; vacancy; termination.-- + ``(A) Hiring procedures.--The procedure for hiring + the ombudsman for athletes shall be as follows: + ``(i) The Athletes' Advisory Council shall + provide the corporation's executive director + with the name of 1 qualified person to serve as + ombudsman for athletes. + ``(ii) The corporation's executive director + shall immediately transmit the name of such + person to the corporation's executive + committee. + ``(iii) The corporation's executive + committee shall hire or not hire such person + after fully considering the advice and counsel + of the Athletes' Advisory Council. + ``(B) Vacancy.--If there is a vacancy in the + position of the ombudsman for athletes, the nomination + and hiring procedure set forth in this paragraph shall + be followed in a timely manner. + ``(C) Termination.--The corporation may terminate + the employment of an individual serving as ombudsman + for athletes only if-- + ``(i) the termination is carried out in + accordance with the applicable policies and + procedures of the corporation; + ``(ii) the termination is initially + recommended to the corporation's executive + committee by either the corporation's executive + director or by the Athletes' Advisory Council; + and + ``(iii) the corporation's executive + committee fully considers the advice and + counsel of the Athletes' Advisory Council prior + to deciding whether or not to terminate the + employment of such individual. ``(4) Confidentiality.-- - ``(A) In general.--Except as provided in - subparagraph (B), the ombudsman shall maintain - confidential any information communicated or provided - to the ombudsman in any matter involving the exercise - of the official duties of the ombudsman. - ``(B) Exception.--The ombudsman may disclose - information described in subparagraph (A) as necessary - to resolve or mediate a dispute. + ``(A) In general.--The Office of the Athlete Ombuds + shall maintain as confidential any information + communicated or provided to the Office of the Athlete + Ombuds in confidence in any matter involving the + exercise of the official duties of the Office of the + Athlete Ombuds. + ``(B) Exception.--The Office of the Athlete Ombuds + may disclose information described in subparagraph (A) + as necessary to resolve or mediate a dispute, with the + permission of the parties involved. ``(C) Judicial and administrative proceedings.-- - ``(i) In general.--The ombudsman shall not - be compelled to testify or produce evidence in - any judicial or administrative proceeding with - respect to any matter involving the exercise of - the duties of the ombudsman. + ``(i) In general.--The ombudsman and the + staff of the Office of the Athlete Ombuds shall + not be compelled to testify or produce evidence + in any judicial or administrative proceeding + with respect to any matter involving the + exercise of the duties of the Office of the + Athlete Ombuds. ``(ii) Work product.--Any memorandum, work - product, notes, or case file of the office of - the ombudsman-- + product, notes, or case file of the Office of + the Athlete Ombuds-- ``(I) shall be confidential; and ``(II) shall not be-- ``(aa) subject to @@ -493,55 +524,122 @@ States Code, is amended-- ``(i) applicable federally mandated reporting requirements; ``(ii) a felony personally witnessed by a - member of the office of the ombudsman; + member of the Office of the Athlete Ombuds; ``(iii) a situation, communicated to the - office of the ombudsman, in which an individual - is at imminent risk of serious harm; or + Office of the Athlete Ombuds, in which an + individual is at imminent risk of serious harm; + or ``(iv) a congressional subpoena. - ``(5) Prohibition on retaliation.--An employee or a member - of the corporation who has authority to take, direct others to - take, recommend, or approve any personnel action, shall not, - with respect to such authority, take or threaten to take any - action against any employee or member as a reprisal for - disclosing information to the ombudsman or seeking assistance - in mediation. + ``(E) Development of policy.-- + ``(i) In general.--Not later than 180 days + after the date of the enactment of the + Empowering Olympic, Paralympic, and Amateur + Athletes Act of 2020, the Office of the Athlete + Ombuds shall develop and publish in the Federal + Register a confidentiality and privacy policy + consistent with this paragraph. + ``(ii) Distribution.--The Office of the + Athlete Ombuds shall distribute a copy of the + policy developed under clause (i) to-- + ``(I) employees of the national + governing bodies; and + ``(II) employees of the + corporation. + ``(iii) Publication by national governing + bodies.--Each national governing body shall-- + ``(I) publish the policy developed + under clause (i) on the internet + website of the national governing body; + and + ``(II) communicate to amateur + athletes the availability of the + policy. + ``(5) Prohibition on retaliation.--No employee, contractor, + agent, volunteer, or member of the corporation shall take or + threaten to take any action against an athlete as a reprisal + for disclosing information to or seeking assistance from the + Office of the Athlete Ombuds. ``(6) Independence in carrying out duties.--The board of directors of the corporation or any other member or employee of - the corporation shall not prevent or prohibit the ombudsman - from carrying out any duty or responsibility under this - section.''. + the corporation shall not prevent or prohibit the Office of the + Athlete Ombuds from carrying out any duty or responsibility + under this section.''; and + (3) by adding at the end the following: + ``(c) Retaliation.-- + ``(1) In general.--The corporation, the national governing + bodies, or any officer, employee, contractor, subcontractor, or + agent of the corporation or a national governing body may not + retaliate against any protected individual as a result of any + communication, including the filing of a formal complaint, by a + protected individual or a parent or legal guardian of the + protected individual relating to an allegation of physical + abuse, sexual harassment, or emotional abuse. + ``(2) Disciplinary action.--If the corporation finds that + an employee of the corporation or a national governing body has + retaliated against a protected individual, the corporation or + national governing body, as applicable, shall immediately + terminate the employment of, or suspend without pay, such + employee. + ``(3) Damages.-- + ``(A) In general.--With respect to a protected + individual the corporation finds to have been subject + to retaliation, the corporation may award damages, + including damages for pain and suffering and reasonable + attorney fees. + ``(B) Reimbursement from national governing body.-- + In the case of a national governing body found to have + retaliated against a protected individual, the + corporation may demand reimbursement from the national + governing body for damages paid by the corporation + under subparagraph (A).''. (f) Reports and Audits.-- (1) In general.--Section 220511 of title 36, United States - Code, is amended-- - (A) in the section heading, by striking ``Report'' - and inserting ``Reports and audits''; - (B) in subsection (a)-- - (i) in the matter preceding paragraph (1)-- - (I) by striking ``every fourth - year'' and inserting ``annually''; and - (II) by striking ``4 years'' and - inserting ``calendar year''; - (ii) by striking paragraph (1); - (iii) by redesignating paragraphs (2), (3), - and (4) as paragraphs (1), (2), and (3), - respectively; - (iv) in paragraph (1), as so redesignated, - by striking ``such 4-year period'' and - inserting ``such calendar year''; - (v) in paragraph (2), as so redesignated, - by striking ``; and'' and inserting a - semicolon; - (vi) in paragraph (3), as so redesignated, - by striking the period at the end and inserting - a semicolon; and - (vii) by adding at the end the following: - ``(4) a description of any lawsuit or grievance filed - against the corporation, including any dispute initiated under - this chapter; and - ``(5) the agenda and minutes of any meeting of the board of - directors of the corporation.''; and - (C) by adding at the end the following: - ``(c) Audit.-- + Code, is amended to read as follows: +``Sec. 220511. Reports and audits + ``(a) Report.-- + ``(1) Submission to president and congress.--Not less + frequently than annually, the corporation shall submit + simultaneously to the President and to each House of Congress a + detailed report on the operations of the corporation for the + preceding calendar year. + ``(2) Matters to be included.--Each report required by + paragraph (1) shall include the following: + ``(A) A comprehensive description of the activities + and accomplishments of the corporation during such + calendar year. + ``(B) Data concerning the participation of women, + disabled individuals, and racial and ethnic minorities + in the amateur athletic activities and administration + of the corporation and national governing bodies. + ``(C) A description of the steps taken to encourage + the participation of women, disabled individuals, and + racial minorities in amateur athletic activities. + ``(D) A description of any lawsuit or grievance + filed against the corporation, including any dispute + initiated under this chapter. + ``(E) The agenda and minutes of any meeting of the + board of directors of the corporation that occurred + during such calendar year. + ``(F) A report by the compliance committee of the + corporation that, with respect to such calendar year-- + ``(i) identifies-- + ``(I) the areas in which the + corporation has met compliance + standards; and + ``(II) the areas in which the + corporation has not met compliance + standards; and + ``(ii) assesses the compliance of each + member of the corporation and provides a plan + for improvement, as necessary. + ``(G) A detailed description of any complaint of + retaliation made during such calendar year, including + the entity involved, the number of allegations of + retaliation, and the outcome of such allegations. + ``(3) Public availability.--The corporation shall make each + report under this subsection available to the public on an + easily accessible internet website of the corporation. + ``(b) Audit.-- ``(1) In general.--Not less frequently than annually, the financial statements of the corporation for the preceding fiscal year shall be audited in accordance with generally @@ -555,20 +653,20 @@ States Code, is amended-- conducted at the location at which the financial statements of the corporation normally are kept. ``(3) Access.--An individual conducting an audit under - paragraph (1) shall be given access to-- + paragraph (1) shall be given full access to-- ``(A) all records and property owned or used by the corporation, as necessary to facilitate the audit; and - ``(B) full access to any facility under audit for - the purpose of verifying transactions, including any - balance or security held by a depository, fiscal agent, - or custodian. + ``(B) any facility under audit for the purpose of + verifying transactions, including any balance or + security held by a depository, fiscal agent, or + custodian. ``(4) Report.-- ``(A) In general.--Not later than 180 days after the end of the fiscal year for which an audit is carried out, the auditor shall submit a report on the audit to the Committee on Commerce, Science, and - Transportation of the Senate, the Committee on Energy - and Commerce of the House of Representatives, and the + Transportation of the Senate, the Committee on the + Judiciary of the House of Representatives, and the chair of the Athletes' Advisory Council. ``(B) Matters to be included.--Each report under subparagraph (A) shall include the following for the @@ -586,42 +684,278 @@ States Code, is amended-- ``(iv) A detailed statement of the amounts spent on stipends and services for athletes. ``(v) A detailed statement of the amounts + spent on compensation and services for + executives and administration officials of the + corporation, including the 20 employees of the + corporation who receive the highest amounts of + compensation. + ``(vi) A detailed statement of the amounts allocated to the national governing bodies. - ``(vi) Such comments and information as the - auditor considers necessary to inform Congress - of the financial operations and condition of - the corporation. - ``(vii) Recommendations relating to the + ``(vii) Such comments and information as + the auditor considers necessary to inform + Congress of the financial operations and + condition of the corporation. + ``(viii) Recommendations relating to the financial operations and condition of the corporation. - ``(C) Form.--A report under this paragraph may not - be printed as a public document, except as part of - proceedings authorized to be printed under section 1332 - of title 44.''. + ``(ix) A description of any financial + conflict of interest (including a description + of any recusal or other mitigating action + taken), evaluated in a manner consistent with + the policies of the corporation, of-- + ``(I) a member of the board of + directors of the corporation; or + ``(II) any senior management + personnel of the corporation. + ``(C) Public availability.-- + ``(i) In general.--The corporation shall + make each report under this paragraph available + to the public on an easily accessible internet + website of the corporation. + ``(ii) Personally identifiable + information.--A report made available under + clause (i) shall not include the personally + identifiable information of any individual.''. (2) Conforming amendment.--The table of sections for chapter 2205 of title 36, United States Code, is amended by striking the item relating to section 220511 and inserting the following: ``220511. Reports and audits.''. + (g) Annual Amateur Athlete Survey.-- + (1) In general.--Subchapter I of chapter 2205 of title 36, + United States Code, is amended by adding at the end the + following: +``Sec. 220513. Annual amateur athlete survey + ``(a) In General.--Not less frequently than annually, the +corporation shall cause an independent third-party organization, under +contract, to conduct an anonymous survey of amateur athletes who are +actively engaged in amateur athletic competition with respect to-- + ``(1) their satisfaction with the corporation and the + applicable national governing body; and + ``(2) the behaviors, attitudes, and feelings within the + corporation and the applicable national governing body relating + to sexual harassment and abuse. + ``(b) Consultation.--A contract under subsection (a) shall require +the independent third-party organization to develop the survey in +consultation with the Center. + ``(c) Prohibition on Interference.--If the corporation or a +national governing body makes any effort to undermine the independence +of, introduce bias into, or otherwise influence a survey under +subsection (a), such activity shall be reported immediately to +Congress. + ``(d) Public Availability.-- The corporation shall make the results +of each such survey available to the public on an internet website of +the corporation.''. + (2) Conforming amendment.--The table of sections for + chapter 2205 of title 36, United States Code, is amended by + inserting after the item relating to 220512 the following: + +``220513. Annual amateur athlete survey.''. + +SEC. 7. MODIFICATIONS TO NATIONAL GOVERNING BODIES. + + (a) Certification of National Governing Bodies.-- + (1) In general.--Section 220521 of title 36, United States + Code, is amended-- + (A) in the section heading, by striking + ``Recognition of amateur sports organizations as + national governing bodies'' and inserting + ``Certification of national governing bodies''; + (B) by amending subsection (a) to read as follows: + ``(a) In General.--With respect to each sport included on the +program of the Olympic Games, the Paralympic Games, the Pan-American +Games, or the Parapan American Games, the corporation-- + ``(1) may certify as a national governing body an amateur + sports organization, a high-performance management + organization, or a paralympic sports organization that files an + application and is eligible for such certification under + section 220522; and + ``(2) may not certify more than 1 national governing + body.''; + (C) in subsection (b), by striking ``recognizing'' + and inserting ``certifying''; + (D) in subsection (c), by striking ``recognizing'' + and inserting ``certifying''; and + (E) by amending subsection (d) to read as follows: + ``(d) Review of Certification.--Not later than 8 years after the +date of the enactment of the Empowering Olympic, Paralympic, and +Amateur Athletes Act of 2020, and not less frequently than once every 4 +years thereafter, the corporation-- + ``(1) shall review all matters related to the continued + certification of an organization as a national governing body; + ``(2) may take action the corporation considers + appropriate, including placing conditions on the continued + certification of an organization as a national governing body; + ``(3) shall submit to Congress a summary report of each + review under paragraph (1); and + ``(4) shall make each such summary report available to the + public.''. + (2) Technical and conforming amendments.-- + (A) Chapter 2205 of title 36, United States Code, + is amended-- + (i) in section 220504(b), by amending + paragraph (1) to read as follows: + ``(1) national governing bodies, including through + provisions that establish and maintain a National Governing + Bodies' Council that is composed of representatives of the + national governing bodies who are selected by their boards of + directors or other governing boards to ensure effective + communication between the corporation and the national + governing bodies;''; + (ii) in section 220512, by striking ``or + paralympic sports organization''; + (iii) in section 220522-- + (I) by striking subsection (b); and + (II) in subsection (a)-- + (aa) by striking + ``recognized'' each place it + appears and inserting + ``certified''; + (bb) by striking + ``recognition'' each place it + appears and inserting + ``certification''; + (cc) in paragraph (6), by + striking ``the Olympic Games or + the Pan-American Games'' and + inserting ``the Olympic Games, + the Paralympic Games, the Pan- + American Games, or the Parapan + American Games''; + (dd) in paragraph (11)-- + + (AA) in the matter + preceding subparagraph + (A), by inserting ``, + high-performance + management + organization, or + paralympic sports + organization'' after + ``amateur sports + organization''; and + + (BB) in + subparagraph (B), by + striking ``amateur + sports'' and inserting + ``applicable''; -SEC. 6. MODIFICATIONS TO NATIONAL GOVERNING BODIES. + (ee) in paragraph (14), by + striking ``or the Pan-American + Games'' and inserting ``the + Pan-American Games, or the + Parapan American Games''; and + (ff) by striking the + subsection designation and + heading and all that follows + through ``An amateur sports + organization'' and inserting + ``An amateur sports + organization, a high- + performance management + organization, or a paralympic + sports organization''; + (iv) in section 220524, by striking + ``amateur sports'' each place it appears; + (v) in section 220528-- + (I) by striking ``recognition'' + each place it appears and inserting + ``certification''; + (II) by striking ``recognize'' each + place it appears and inserting + ``certify''; and + (III) in subsection (g), in the + subsection heading, by striking + ``Recognition'' and inserting + ``Certification''; + (vi) in section 220531-- + (I) by striking ``, each national + governing body, and each paralympic + sports organization'' each place it + appears and inserting ``and each + national governing body''; and + (II) in subsection (c)(2), by + striking ``each paralympic sports + organization,''; + (vii) in section 220541(d)(3), by striking + subparagraph (C); + (viii) in section 220542-- + (I) by striking ``or paralympic + sports organization'' each place it + appears; and + (II) in subsection (a)(2)-- + (aa) in subparagraph (A), + in the matter preceding clause + (i), by striking ``, a + paralympic sports + organization,''; + (bb) in subparagraph (E), + by striking ``or a paralympic + sports organization of each + national governing body and + paralympic sports + organization''; and + (cc) in subparagraph + (F)(i)-- - (a) Corporation Responsible for Obligations of National Governing -Bodies.--Section 220521(d) of title 36, United States Code, is amended -by striking ``The corporation may review'' and inserting ``Not later -than 8 years after the date of the enactment of the Empowering Olympic -and Amateur Athletes Act of 2019, and not less frequently than once -every 4 years thereafter, the corporation shall review''. + (AA) by striking + ``, or an adult'' and + inserting ``or an + adult''; + + (BB) by striking + ``, paralympic sports + organization,''; and + + (CC) by striking + ``, paralympic sports + organizations,''. + + (B) The table of sections for chapter 2205 of title + 36, United States Code, is amended by striking the item + relating to section 220521 and inserting the following: + +``220521. Certification of national governing bodies.''. (b) Eligibility Requirements With Respect to Governing Boards.-- -Section 220522(a) of title 36, United States Code, is amended-- - (1) by redesignating paragraphs (10) through (15) as +Section 220522 of title 36, United States Code, as amended by +subsection (a)(2), is further amended-- + (1) in paragraph (2), by inserting ``, including the + ability to provide and enforce required athlete protection + policies and procedures'' before the semicolon; + (2) in paragraph (4)(B)-- + (A) by striking ``conducted in accordance with the + Commercial Rules of the American Arbitration + Association'' and inserting ``which arbitration under + this paragraph shall be conducted in accordance with + the standard commercial arbitration rules of an + established major national provider of arbitration and + mediation services based in the United States and + designated by the corporation with the concurrence of + the Athletes' Advisory Council and the National + Governing Bodies' Council''; and + (B) by striking ``Commercial Rules of Arbitration'' + and inserting ``standard commercial rules of + arbitration of such designated provider''; + (3) in paragraph (5), in the matter preceding subparagraph + (A), by inserting ``except with respect to the oversight of the + organization,'' after ``sport,''; + (4) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively; - (2) by inserting after paragraph (9) the following: + (5) by inserting after paragraph (9) the following: ``(10) ensures that the selection criteria for individuals - and teams that represent the United States are as objective as - possible;''; - (3) by striking paragraph (13), as so redesignated, and + and teams that represent the United States are-- + ``(A) fair, as determined by the corporation in + consultation with the national governing bodies, the + Athletes' Advisory Council, and the United States + Olympians and Paralympians Association; + ``(B) clearly articulated in writing and properly + communicated to athletes in a timely manner; and + ``(C) consistently applied, using objective and + subjective criteria appropriate to the applicable + sport;''; + (6) by striking paragraph (13), as so redesignated, and inserting the following: ``(13) demonstrates, based on guidelines approved by the corporation, the Athletes' Advisory Council, and the National @@ -632,22 +966,47 @@ Section 220522(a) of title 36, United States Code, is amended-- members, individuals who-- ``(i) are elected by amateur athletes; and ``(ii) are actively engaged in amateur - athletic competition in the sport for which - recognition is sought; + athletic competition, or have represented the + United States in international amateur athletic + competition, in the sport for which + certification is sought; ``(B) any exception to such guidelines by such organization has been approved by-- ``(i) the corporation; and ``(ii) the Athletes' Advisory Council; and ``(C) the voting power held by such individuals is - not less than \1/3\ of the voting power held in its + not less than \1/3\ of the voting power held by its board of directors and other such governing boards;''; - (4) in paragraph (15), as so redesignated, by striking ``; + (7) in paragraph (15), as so redesignated, by striking ``; and'' and inserting a semicolon; - (5) in paragraph (16), as so redesignated, by striking the - period at the end and inserting ``; and''; and - (6) by adding at the end the following: - ``(17) commits to meeting any minimum standard or - requirement set forth by the corporation.''. + (8) in paragraph (16), as so redesignated, by striking the + period at the end and inserting a semicolon; and + (9) by adding at the end the following: + ``(17) commits to submitting annual reports to the + corporation that include, for each calendar year-- + ``(A) a description of the manner in which the + organization-- + ``(i) carries out the mission to promote a + safe environment in sports that is free from + abuse of amateur athletes (including emotional, + physical, and sexual abuse); and + ``(ii) addresses any sanctions or temporary + measures required by the Center; + ``(B) a description of any cause of action or + complaint filed against the organization that was + pending or settled during the preceding calendar year; + and + ``(C) a detailed statement of-- + ``(i) the income and expenses of the + organization; and + ``(ii) the amounts expended on stipends, + bonuses, and services for amateur athletes, + organized by the level and gender of the + amateur athletes; + ``(18) commits to meeting any minimum standard or + requirement set forth by the corporation; and + ``(19) provides protection from retaliation to protected + individuals.''. (c) General Duties of National Governing Bodies.--Section 220524 of title 36, United States Code, is amended-- (1) in the matter preceding paragraph (1), by striking @@ -659,13 +1018,16 @@ title 36, United States Code, is amended-- (B) in paragraph (9), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: - ``(10) develop one or more policies that prohibit any - individual who is an employee, a contractor, or an agent of the + ``(10) develop 1 or more policies that prohibit any + individual who is an employee, contractor, or agent of the national governing body from assisting a member or former - member in obtaining a new job, except from the routine - transmission of administrative and personnel files, if the - individual knows that such member or former member engaged in - sexual misconduct regarding a minor in violation of the law; + member in obtaining a new job (except for the routine + transmission of administrative and personnel files) if the + individual knows that such member or former member violated the + policies or procedures of the Center related to sexual + misconduct or was convicted of a crime involving sexual + misconduct with a minor in violation of applicable law or the + policies or procedures of the Center; ``(11) promote a safe environment in sports that is free from abuse of any amateur athlete, including emotional, physical, and sexual abuse; @@ -678,14 +1040,27 @@ title 36, United States Code, is amended-- immediately any allegation of child abuse of an amateur athlete, consistent with-- ``(A) the policies and procedures developed under - paragraph (3) of section 220541(a); and + subparagraph (C) of section 220541(a)(1); and ``(B) the requirement described in paragraph (2)(A) of section 220542(a).''; and (3) by adding at the end the following: ``(b) Rule of Construction.--Nothing in this section shall be construed to preempt or otherwise abrogate the duty of care of a national governing body under State law or the common law.''. - (d) Ensure Limitations on Communications Are Included in + (d) Elimination of Exhaustion of Remedies Requirement.--Section +220527 of title 36, United States Code, is amended-- + (1) by striking subsection (b); + (2) in subsection (c), by striking ``If the corporation'' + and all that follows through ``subsection (b)(1) of this + section, it'' and inserting ``The corporation''; and + (3) by redesignating subsections (c) and (d) as subsections + (b) and (c), respectively. + (e) Arbitration of Corporation Determinations.--Section 220529(a) +of title 36, United States Code, is amended by striking ``any regional +office of the American Arbitration Association'' and inserting ``the +arbitration and mediation provider designated by the corporation under +section 220522(a)(4)''. + (f) Ensure Limitations on Communications Are Included in Limitations on Interactions.--Section 220530(a) of title 36, United States Code, is amended-- (1) in paragraph (2), by inserting ``, including @@ -698,50 +1073,139 @@ States Code, is amended-- amateur athlete, including emotional, physical, and sexual abuse.''. -SEC. 7. MODIFICATIONS TO UNITED STATES CENTER FOR SAFE SPORT. +SEC. 8. MODIFICATIONS TO UNITED STATES CENTER FOR SAFESPORT. - (a) List of Barred Individuals.--Section 220541(a) of title 36, -United States Code, is amended-- - (1) in paragraph (4), by striking ``; and'' and inserting a - semicolon; - (2) in paragraph (5), by striking the period at the end and - inserting ``; and''; and - (3) by adding at the end the following: - ``(6) publish and maintain a publicly available internet - website that contains a comprehensive list of individuals who - are barred from the corporation or a national governing - body.''. - (b) Definition of Applicable Entity.--Section 220541(d)(3) of title -36, United States Code, is amended-- - (1) by redesignating subparagraphs (B) through (G) as - subparagraphs (C) through (H), respectively; - (2) in subparagraph (G), as so redesignated, by striking - ``or (E)'' and inserting ``(E), or (F)''; and - (3) by inserting after subparagraph (A) the following: - ``(B) the corporation;''. - (c) Training Materials.--Section 220541 of title 36, United States -Code, is amended by adding at the end the following: + (a) Designation of United States Center for SafeSport.-- + (1) In general.--Section 220541 of title 36, United States + Code, is amended-- + (A) in the section heading by striking ``safe + sport'' and inserting ``safesport''; + (B) by amending subsection (a) to read as follows: + ``(a) Duties of Center.-- + ``(1) In general.--The United States Center for SafeSport + shall-- + ``(A) serve as the independent national safe sport + organization and be recognized worldwide as the + independent national safe sport organization for the + United States; + ``(B) exercise jurisdiction over the corporation + and each national governing body with regard to + safeguarding amateur athletes against abuse, including + emotional, physical, and sexual abuse, in sports; + ``(C) maintain an office for education and outreach + that shall develop training, oversight practices, + policies, and procedures to prevent the abuse, + including emotional, physical, and sexual abuse, of + amateur athletes participating in amateur athletic + activities through national governing bodies; + ``(D) maintain an office for response and + resolution that shall establish mechanisms that allow + for the reporting, investigation, and resolution, + pursuant to subsection (c), of alleged sexual abuse in + violation of the Center's policies and procedures; + ``(E) ensure that the mechanisms under subparagraph + (D) provide fair notice and an opportunity to be heard + and protect the privacy and safety of complainants; + ``(F) maintain an office for compliance and audit + that shall-- + ``(i) ensure that the national governing + bodies and the corporation implement and follow + the policies and procedures developed by the + Center to prevent and promptly report instances + of abuse of amateur athletes, including + emotional, physical, and sexual abuse; and + ``(ii) establish mechanisms that allow for + the reporting and investigation of alleged + violations of such policies and procedures; + ``(G) publish and maintain a publicly accessible + internet website that contains a comprehensive list of + adults who are barred by the Center; and + ``(H) ensure that any action taken by the Center + against an individual under the jurisdiction of the + Center, including an investigation, the imposition of + sanctions, and any other disciplinary action, is + carried out in a manner than provides procedural due + process to the individual, including, at a minimum-- + ``(i) the provision of written notice of + the allegations against the individual; + ``(ii) a right to be represented by counsel + or other advisor; + ``(iii) an opportunity to be heard during + the investigation; + ``(iv) in a case in which a violation is + found, a reasoned written decision by the + Center; and + ``(v) the ability to challenge, in a + hearing or through arbitration, interim + measures or sanctions imposed by the Center. + ``(2) Rules of construction.--Nothing in this subsection + shall be construed-- + ``(A) to preclude the Center from imposing interim + measures or sanctions on an individual before an + opportunity for a hearing or arbitration; + ``(B) to require the Center to meet a burden of + proof higher than the preponderance of the evidence; + ``(C) to give rise to a claim under State law or to + create a private right of action; or + ``(D) to render the Center a state actor.''; + (C) in subsection (b), by striking ``subsection + (a)(3)'' and inserting ``subsection (a)(1)(C)''; + (D) in subsection (d), as amended by section + 7(a)(2)-- + (i) in paragraph (3), by inserting after + subparagraph (B) the following: + ``(C) the corporation;''; + (ii) by redesignating paragraph (3) as + paragraph (4); and + (iii) by inserting after paragraph (2) the + following: + ``(3) Removal to federal court.-- + ``(A) In general.--Any civil action brought in a + State court against the Center relating to the + responsibilities of the Center under this section, + section 220542, or section 220543, shall be removed, on + request by the Center, to the district court of the + United States in the district in which the action was + brought, and such district court shall have original + jurisdiction over the action without regard to the + amount in controversy or the citizenship of the parties + involved. + ``(B) Rule of construction.--Nothing in this + chapter shall be construed to create a private right of + action.''; and + (E) by adding at the end the following: ``(e) Training Materials.--The office for education and outreach -referred to in subsection (a)(3) shall-- +referred to in subsection (a)(1)(C) shall-- ``(1) develop training materials for specific audiences, including coaches, trainers, doctors, young children, - adolescents, adults, and mentally disabled individuals; and + adolescents, adults, and individuals with disabilities; and ``(2) not less frequently than every 3 years, update such - training materials.''. - (d) Independence.--Section 220541 of title 36, United States Code, -as amended by subsection (c), is further amended by adding at the end -the following: + training materials. ``(f) Independence.-- - ``(1) Prohibition.--A former employee or board member of - the corporation or a national governing body shall not work or + ``(1) Prohibition with respect to former employees and + board members.--A former employee or board member of the + corporation or a national governing body shall not work or volunteer at the Center during the 2-year period beginning on the date on which the former employee or board member ceases employment with the corporation or national governing body. - ``(2) Conflicts of interest.--An executive or counsel for + ``(2) Athletes serving on board of directors of national + governing body.-- + ``(A) In general.--An athlete serving on the board + of directors of a national governing body who is not + otherwise employed by the national governing body, may + volunteer at, or serve in an advisory capacity to, the + Center. + ``(B) Ineligibility for employment.--An athlete who + has served on the board of directors of a national + governing body shall not be eligible for employment at + the Center during the 2-year period beginning on the + date on which the athlete ceases to serve on such board + of directors. + ``(3) Conflicts of interest.--An executive or attorney for the Center shall be considered to have an inappropriate - conflict of interest if the executive or counsel also + conflict of interest if the executive or attorney also represents the corporation or a national governing body. - ``(3) Investigations.-- + ``(4) Investigations.-- ``(A) In general.--The corporation and the national governing bodies shall not interfere in, or attempt to influence the outcome of, an investigation. @@ -751,23 +1215,36 @@ the following: attempt, the Center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of - Representatives a report describing the attempt.''. - (e) Funding.--Section 220541 of title 36, United States Code, as -amended by subsections (c) and (d), is further amended by adding at the -end the following: + Representatives a report describing the attempt. + ``(C) Work product.-- + ``(i) In general.--Any decision, report, + memorandum, work product, notes, or case file + of the Center-- + ``(I) shall be confidential; and + ``(II) shall not be subject to + discovery, subpoena, or any other means + of legal compulsion in any civil action + in which the Center is not a party to + the action. + ``(ii) Rule of construction.--Nothing in + this subparagraph shall be construed to + prohibit the Center from providing work product + described in clause (i) to a law enforcement + agency for the purpose of assisting in a + criminal investigation. ``(g) Funding.-- ``(1) Mandatory payments.-- - ``(A) Fiscal year 2019.--Not later than 30 days + ``(A) Fiscal year 2020.--Not later than 30 days after the date of the enactment of this subsection, the corporation shall make a mandatory payment of $20,000,000 to the Center for operating costs of the - Center for fiscal year 2019. + Center for fiscal year 2020. ``(B) Subsequent fiscal years.--Beginning on January 1, 2020, the corporation shall make a mandatory payment of $20,000,000 to the Center on January 1 each year for operating costs of the Center. ``(2) Funds from national governing bodies.--The - corporation may use funds received from one or more national + corporation may use funds received from 1 or more national governing bodies to make a mandatory payment required by paragraph (1). ``(3) Failure to comply.-- @@ -777,9 +1254,191 @@ end the following: payment of a mandatory payment under paragraph (1) after January 1 of the applicable year, the Center shall be allowed to recover from the corporation an - additional $20,000.''. - (f) Additional Duties.--Section 220542 of title 36, United States -Code, is amended-- + additional $20,000. + ``(4) Accountability.-- + ``(A) In general.--Amounts transferred to the + Center by the corporation or a national governing body + shall be used, in accordance with section 220503(15), + primarily for the purpose of carrying out the duties + and requirements under sections 220541 through 220543 + with respect to the investigation and resolution of + allegations of sexual misconduct, or other misconduct, + made by amateur athletes. + ``(B) Use of funds.-- + ``(i) In general.--Of the amounts made + available to the Center by the corporation or a + national governing body in a fiscal year for + the purpose described in section 220503(15)-- + ``(I) not less than 50 percent + shall be used for processing the + investigation and resolution of + allegations described in subparagraph + (A); and + ``(II) not more than 10 percent may + be used for executive compensation of + officers and directors of the Center. + ``(ii) Reserve funds.-- + ``(I) In general.--If, after the + Center uses the amounts as allocated + under clause (i), the Center does not + use the entirety of the remaining + amounts for the purpose described in + subparagraph (A), the Center may retain + not more than 25 percent of such + amounts as reserve funds. + ``(II) Return of funds.--The Center + shall return to the corporation and + national governing bodies any amounts, + proportional to the contributions of + the corporation and national governing + bodies, that remain after the retention + described in subclause (I). + ``(iii) Lobbying and fundraising.--Amounts + made available to the Center under this + paragraph may not be used for lobbying or + fundraising expenses. + ``(h) Compliance Audits.-- + ``(1) In general.--Not less frequently than annually, the + Center shall carry out an audit of the corporation and each + national governing body-- + ``(A) to assess compliance with policies and + procedures developed under this subchapter; and + ``(B) to ensure that consistent training relating + to the prevention of child abuse is provided to all + staff of the corporation and national governing bodies + who are in regular contact with amateur athletes and + members who are minors subject to parental consent. + ``(2) Corrective measures.-- + ``(A) In general.--The Center may impose on the + corporation or a national governing body a corrective + measure to achieve compliance with the policies and + procedures developed under this subchapter or the + training requirement described in paragraph (1)(B). + ``(B) Inclusions.--A corrective measure imposed + under subparagraph (A) may include the implementation + of an athlete safety program or specific policies, + additional compliance audits or training, and the + imposition of a probationary period. + ``(C) Enforcement.-- + ``(i) In general.--On request by the + Center, the corporation shall-- + ``(I) enforce any corrective + measure required under subparagraph + (A); and + ``(II) report the status of + enforcement with respect to a national + governing body within a reasonable + timeframe. + ``(ii) Methods.--The corporation may + enforce a corrective measure through any means + available to the corporation, including by + withholding funds from a national governing + body, limiting the participation of the + national governing body in corporation events, + and decertifying a national governing body. + ``(iii) Effect of noncompliance.--If the + corporation fails to enforce a corrective + measure within 72 hours of a request under + clause (i), the Center may submit to the + Committee on Commerce, Science, and + Transportation of the Senate and the Committee + on Energy and Commerce of the House of + Representatives a report describing the + noncompliance. + ``(3) Annual report.-- + ``(A) In general.--Not less frequently than + annually, the Center shall submit to Congress a report + on the findings of the audit under paragraph (1) for + the preceding year and the status of any corrective + measures imposed as a result of the audit. + ``(B) Public availability.-- + ``(i) In general.--Each report under + subparagraph (A) shall be made available to the + public. + ``(ii) Personally identifiable + information.--A report made available to the + public shall not include the personally + identifiable information of any individual. + ``(i) Reports to Corporation.--Not later than 30 days after the end +of each calendar quarter that begins after the date of the enactment of +the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, +the Center shall submit to the corporation a statement of the +following: + ``(1) The number and nature of misconduct complaints + referred to the Center, by sport. + ``(2) The number and type of pending misconduct complaints + under investigation by the Center. + ``(3) The number of misconduct complaints for which an + investigation was terminated or otherwise closed by the Center. + ``(4) The number of such misconduct complaints reported to + law enforcement agencies by the Center for further + investigation. + ``(5) The number of discretionary cases accepted or + declined by the Center, by sport. + ``(6) The average time required for resolution of such + cases and misconduct complaints. + ``(7) Information relating to the educational activities + and trainings conducted by the office of education and outreach + of the Center during the preceding quarter, including the + number of educational activities and trainings developed and + provided. + ``(j) Certifications of Independence.-- + ``(1) In general.--Not later than 180 days after the end of + a fiscal year, the Comptroller General of the United States + shall make available to the public a certification relating to + the Center's independence from the corporation. + ``(2) Elements.--A certification required by paragraph (1) + shall include the following: + ``(A) A finding of whether a violation of a + prohibition on employment of former employees or board + members of the corporation under subsection (f) has + occurred during the year preceding the certification. + ``(B) A finding of whether an executive or attorney + for the Center has had an inappropriate conflict of + interest during that year. + ``(C) A finding of whether the corporation has + interfered in, or attempted to influence the outcome + of, an investigation by the Center. + ``(D) Any recommendations of the Comptroller + General for resolving any potential risks to the + Center's independence from the corporation. + ``(3) Authority of comptroller general.-- + ``(A) In general.--The Comptroller General may take + such reasonable steps as, in the view of the + Comptroller General, are necessary to be fully informed + about the operations of the corporation and the Center. + ``(B) Specific authorities.--The Comptroller + General shall have-- + ``(i) access to, and the right to make + copies of, any and all nonprivileged books, + records, accounts, correspondence, files, or + other documents or electronic records, + including emails, of officers, agents, and + employees of the Center or the corporation; and + ``(ii) the right to interview any officer, + employee, agent, or consultant of the Center or + the corporation. + ``(C) Treatment of privileged information.--If, + under this subsection, the Comptroller General seeks + access to information contained within privileged + documents or materials in the possession of the Center + or the corporation, the Center or the corporation, as + the case may be, shall, to the maximum extent + practicable, provide the Comptroller General with the + information without compromising the applicable + privilege.''. + (2) Technical and conforming amendments.-- + (A) Subchapter IV of chapter 2205 of title 36, + United States Code, as redesignated by section 5(a)(1), + is amended in the subchapter heading by striking ``SAFE + SPORT'' and inserting ``SAFESPORT''. + (B) The table of sections for chapter 2205 of title + 36, United States Code, is amended by striking the item + relating to section 220541 and inserting the following: + +``220541. Designation of United States Center for SafeSport.''. + (b) Additional Duties of Center.--Section 220542 of title 36, +United States Code, is amended-- (1) in the section heading, by striking the period at the end; and (2) in subsection (a)-- @@ -810,39 +1469,41 @@ Code, is amended-- such abuse submitted to the Center by a minor or by any person who is not otherwise required to report such abuse; - ``(C) one or more policies that prohibit an - individual who is a Center employee, contractor, or - agent from assisting a member or former member in - obtaining a new job, except the routine transmission of - administrative and personnel files, if the individual - knows that such member or former member engaged in - sexual misconduct regarding a minor in violation of the - law; + ``(C) 1 or more policies that prohibit any + individual who is an employee, contractor, or agent of + the Center from assisting a member or former member in + obtaining a new job (except for the routine + transmission of administrative and personnel files) if + the individual knows that such member or former member + violated the policies or procedures of the Center + related to sexual misconduct or was convicted of a + crime involving sexual misconduct with a minor in + violation of applicable law; ``(D) a requirement that the Center, including any officer, agent, attorney, or staff member of the - Center, shall not take any action-- - ``(i) to notify an alleged perpetrator of - abuse of an amateur athlete of any ongoing - investigation or accusation unless the Center - has reason to believe an imminent hazard will - result from failing to so notify the alleged - perpetrator; and - ``(ii) on a date that is earlier than the - date on which law enforcement-- + Center, shall not take any action to notify an alleged + perpetrator of abuse of an amateur athlete of any + ongoing investigation or accusation unless-- + ``(i) the Center has reason to believe an + imminent hazard will result from failing to so + notify the alleged perpetrator; or + ``(ii) law enforcement-- ``(I) authorizes the Center to take such action; or - ``(II) declines to act on the - allegation within 72 hours after the - time at which the Center reports to law - enforcement under subparagraph (B);''; + ``(II) declines or fails to act on, + or fails to respond to the Center with + respect to, the allegation within 72 + hours after the time at which the + Center reports to law enforcement under + subparagraph (B);''; (iv) in subparagraph (F), as so redesignated, by inserting ``, including communications,'' after ``interactions''; (v) by amending subparagraph (G), as so redesignated, to read as follows: - ``(G) procedures to prohibit retaliation by any - national governing body or paralympic sports - organization against any individual who makes-- + ``(G) procedures to prohibit retaliation by the + corporation or any national governing body against any + individual who makes-- ``(i) a report under subparagraph (A) or (E); or ``(ii) any other report relating to abuse @@ -855,13 +1516,13 @@ Code, is amended-- redesignated, by striking the period at the end of clause (ii) and inserting a semicolon; and (viii) by adding at the end the following: - ``(J) a prohibition on the use in a report or a - resolution of the Center under section 220541(a)(4) of - any evidence relating to other sexual behavior or the - sexual predisposition of the alleged victim, or the - admission of any such evidence in arbitration, unless - the probative value of the use or admission of such - evidence, as determined by the Director or the + ``(J) a prohibition on the use in a decision of the + Center under section 220541(a)(1)(D) of any evidence + relating to other sexual behavior or the sexual + predisposition of the alleged victim, or the admission + of any such evidence in arbitration, unless the + probative value of the use or admission of such + evidence, as determined by the Center or the arbitrator, as applicable, substantially outweighs the danger of-- ``(i) any harm to the alleged victim; and @@ -870,33 +1531,140 @@ Code, is amended-- methods and techniques for ensuring sensitivity toward alleged victims during interviews and other investigative activities.''. - (g) Report.--Section 220543(b) of title 36, United States Code, is -amended-- - (1) in paragraph (1), by striking ``; and'' and inserting a - semicolon; - (2) by redesignating paragraph (2) as paragraph (8); and - (3) by inserting after paragraph (1) the following: - ``(2) a strategic plan with respect to the manner in which + (c) Records, Audits, and Reports.--Section 220543 of title 36, +United States Code, is amended-- + (1) by striking subsection (b) and inserting the following: + ``(b) Audits and Transparency.-- + ``(1) Annual audit.-- + ``(A) In general.--Not less frequently than + annually, the financial statements of the Center for + the preceding fiscal year shall be audited by an + independent auditor in accordance with generally + accepted accounting principles-- + ``(i) to ensure the adequacy of the + internal controls of the Center; and + ``(ii) to prevent waste, fraud, or misuse + of funds transferred to the Center by the + corporation or the national governing bodies. + ``(B) Location.--An audit under subparagraph (A) + shall be conducted at the location at which the + financial statements of the Center normally are kept. + ``(C) Report.--Not later than 180 days after the + date on which an audit under subparagraph (A) is + completed, the independent auditor shall issue an audit + report. + ``(D) Corrective action plan.-- + ``(i) In general.--On completion of the + audit report under subparagraph (C) for a + fiscal year, the Center shall prepare, in a + separate document, a corrective action plan + that responds to any corrective action + recommended by the independent auditor. + ``(ii) Matters to be included.--A + corrective action plan under clause (i) shall + include the following for each such corrective + action: + ``(I) The name of the person + responsible for the corrective action. + ``(II) A description of the planned + corrective action. + ``(III) The anticipated completion + date of the corrective action. + ``(IV) In the case of a recommended + corrective action based on a finding in + the audit report with which the Center + disagrees, or for which the Center + determines that corrective action is + not required, an explanation and a + specific reason for noncompliance with + the recommendation. + ``(2) Access to records and personnel.--With respect to an + audit under paragraph (1), the Center shall provide the + independent auditor access to all records, documents, and + personnel and financial statements of the Center necessary to + carry out the audit. + ``(3) Public availability.-- + ``(A) In general.--The Center shall make available + to the public on an easily accessible internet website + of the Center-- + ``(i) each audit report under paragraph + (1)(C); + ``(ii) the Internal Revenue Service Form + 990 of the Center for each year, filed under + section 501(c) of the Internal Revenue Code of + 1986; and + ``(iii) the minutes of the quarterly + meetings of the board of directors of the + Center. + ``(B) Personally identifiable information.--An + audit report or the minutes made available under + subparagraph (A) shall not include the personally + identifiable information of any individual. + ``(4) Rule of construction.--For purposes of this + subsection, the Center shall be considered a private entity. + ``(c) Report.--The Center shall submit an annual report to +Congress, including-- + ``(1) a strategic plan with respect to the manner in which the Center shall fulfill its duties under sections 220541 and 220542; - ``(3) a detailed description of the efforts made by the + ``(2) a detailed description of the efforts made by the Center to comply with such strategic plan during the preceding year; - ``(4) any financial statement necessary to present fairly + ``(3) any financial statement necessary to present fairly the assets, liabilities, and surplus or deficit of the Center for the preceding year; - ``(5) an analysis of the changes in the amounts of such + ``(4) an analysis of the changes in the amounts of such assets, liabilities, and surplus or deficit during the preceding year; - ``(6) any information relating to any report received or - investigation conducted by the Center during the preceding - year, including the number, type, and results of such report or - investigation; - ``(7) any information relating to the education and - training conducted by the office of education and outreach of - the Center during the preceding year; and''. + ``(5) a detailed description of Center activities, + including-- + ``(A) the number and nature of misconduct + complaints referred to the Center; + ``(B) the total number and type of pending + misconduct complaints under investigation by the + Center; + ``(C) the number of misconduct complaints for which + an investigation was terminated or otherwise closed by + the Center; and + ``(D) the number of such misconduct complaints + reported to law enforcement agencies by the Center for + further investigation; + ``(6) a detailed description of any complaint of + retaliation made during the preceding year by an officer or + employee of the Center or a contractor or subcontractor of the + Center that includes-- + ``(A) the number of such complaints; and + ``(B) the outcome of each such complaint; + ``(7) information relating to the educational activities + and trainings conducted by the office of education and outreach + of the Center during the preceding year, including the number + of educational activities and trainings developed and provided; + and + ``(8) a description of the activities of the Center. + ``(d) Definitions.--In this section-- + ``(1) `audit report' means a report by an independent + auditor that includes-- + ``(A) an opinion or a disclaimer of opinion that + presents the assessment of the independent auditor with + respect to the financial records of the Center, + including whether such records are accurate and have + been maintained in accordance with generally accepted + accounting principles; + ``(B) an assessment of the internal controls used + by the Center that describes the scope of testing of + the internal controls and the results of such testing; + and + ``(C) a compliance assessment that includes an + opinion or a disclaimer of opinion as to whether the + Center has complied with the terms and conditions of + subsection (b); and + ``(2) `independent auditor' means an independent certified + public accountant or independent licensed public accountant, + certified or licensed by a regulatory authority of a State or a + political subdivision of a State, who meets the standards + specified in generally accepted accounting principles.''. -SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES. +SEC. 9. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES. Section 362(b) of title 11, United States Code, is amended-- (1) in paragraph (27), by striking ``and'' at the end; @@ -910,7 +1678,181 @@ SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES. governing body, as defined in that section, under section 220528 of that title; or ``(B) the corporation, as defined in section - 220501(b) of title 36, to revoke the recognition of a + 220501(b) of title 36, to revoke the certification of a national governing body, as defined in that section, under section 220521 of that title.''. - \ No newline at end of file + +SEC. 10. ENHANCED CHILD ABUSE REPORTING. + + Section 226(c)(9) of the Victims of Child Abuse Act of 1990 (34 +U.S.C. 20341(c)(9)) is amended-- + (1) by striking ``adult who is authorized'' and inserting + the following: ``adult who-- + ``(A) is authorized''; + (2) in subparagraph (A), as so designated, by inserting + ``or'' after the semicolon at the end; and + (3) by adding at the end the following: + ``(B) is an employee or representative of the + United States Center for SafeSport;''. + +SEC. 11. COMMISSION ON THE STATE OF U.S. OLYMPICS AND PARALYMPICS. + + (a) Establishment.--There is established within the legislative +branch a commission, to be known as the ``Commission on the State of +U.S. Olympics and Paralympics'' (referred to in this section as the +``Commission''). + (b) Composition.-- + (1) In general.--The Commission shall be composed of 16 + members, of whom-- + (A) 4 members shall be appointed by the chairman of + the Committee on Commerce, Science, and Transportation + of the Senate; + (B) 4 members shall be appointed by the ranking + member of the Committee on Commerce, Science, and + Transportation of the Senate; + (C) 4 members shall be appointed by the chairman of + the Committee on Energy and Commerce of the House of + Representatives; and + (D) 4 members shall be appointed by the ranking + member of the Committee on Energy and Commerce of the + House of Representatives. + (2) Co-chairs.--Of the members of the Commission-- + (A) 1 co-chair shall be designated by the chairman + of the Committee on Commerce, Science, and + Transportation of the Senate; and + (B) 1 co-chair shall be designated by the chairman + of the Committee on Energy and Commerce of the House of + Representatives. + (3) Qualifications.-- + (A) In general.--Each member appointed to the + Commission shall have the following qualifications: + (i) Experience in 1 or more of the + following: + (I) Amateur, Olympic and + Paralympic, or professional athletics. + (II) Elite athletic coaching. + (III) Public service relating to + sports. + (IV) Professional advocacy for + increased minority participation in + sports. + (V) Olympic and Paralympic sports + administration or professional sports + administration. + (ii) Expertise in bullying prevention and + the promotion of a healthy organizational + culture. + (B) Olympic or paralympic athletes.--Not fewer than + 8 members appointed under paragraph (1) shall be + current or former Olympic or Paralympic athletes. + (c) Initial Meeting.--Not later than 30 days after the date on +which the last member is appointed under paragraph (1), the Commission +shall hold an initial meeting. + (d) Quorum.--11 members of the Commission shall constitute a +quorum. + (e) No Proxy Voting.--Proxy voting by members of the Commission +shall be prohibited. + (f) Staff.--The co-chairs of the Commission shall appoint an +executive director of the Commission, and such staff as appropriate, +with compensation. + (g) Public Hearings.--The Commission shall hold 1 or more public +hearings. + (h) Travel Expenses.--Members of the Commission shall serve without +pay, but shall receive travel expenses in accordance with sections 5702 +and 5703 of title 5, United States Code. + (i) Duties of Commission.-- + (1) Study.-- + (A) In general.--The Commission shall conduct a + study on matters relating to the state of United States + participation in the Olympic and Paralympic Games. + (B) Matters studied.--The study under subparagraph + (A) shall include-- + (i) a review of the most recent reforms + undertaken by the United States Olympic and + Paralympic Committee; + (ii) a description of proposed reforms to + the structure of the United States Olympic and + Paralympic Committee; + (iii) an assessment as to whether the board + of directors of the United States Olympic and + Paralympic Committee includes diverse members, + including athletes; + (iv) an assessment of United States athlete + participation levels in the Olympic and + Paralympic Games; + (v) a description of the status of any + United States Olympic and Paralympic Committee + licensing arrangement; + (vi) an assessment as to whether the United + States is achieving the goals for the Olympic + and Paralympic Games set by the United States + Olympic and Paralympic Committee; + (vii) an analysis of the participation in + amateur athletics of-- + (I) women; + (II) disabled individuals; and + (III) minorities; + (viii) a description of ongoing efforts by + the United States Olympic and Paralympic + Committee to recruit the Olympic and Paralympic + Games to the United States; + (ix) an evaluation of the functions of the + national governing bodies (as defined in + section 220501 of title 36, United States Code) + and an analysis of the responsiveness of the + national governing bodies to athletes with + respect to the duties of the national governing + bodies under section 220524(a)(3) of title 36, + United States Code; and + (x) an assessment of the finances and the + financial organization of the United States + Olympic and Paralympic Committee. + (2) Report.-- + (A) In general.--Not later than 270 days after the + date of the enactment of this Act, the Commission shall + submit to Congress a report on the results of the study + conducted under paragraph (1), including a detailed + statement of findings, conclusions, recommendations, + and suggested policy changes. + (B) Public availability.--The report required by + subparagraph (A) shall be made available to the public + on an internet website of the United States Government + that is available to the public. + (j) Powers of Commission.-- + (1) Subpoena authority.--The Commission may subpoena an + individual the testimony of whom may be relevant to the purpose + of the Commission. + (2) Furnishing information.--On request by the executive + director of the Commission, the head of a Federal agency shall + furnish information to the Commission. + (k) Termination of Commission.--The Commission shall terminate 90 +days after the date on which the Commission submits the report under +subsection (i)(2). + (l) Authorization of Appropriations.--There is authorized to be +appropriated such sums as may be necessary to carry out this section. + +SEC. 12. SEVERABILITY. + + If any provision of this Act, or an amendment made by this Act, is +determined to be unenforceable or invalid, the remaining provisions of +this Act and the amendments made by this Act shall not be affected. + + Passed the Senate August 4, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2330 + +_______________________________________________________________________ + + AN ACT + +To amend the Ted Stevens Olympic and Amateur Sports Act to provide for +congressional oversight of the board of directors of the United States + Olympic and Paralympic Committee and to protect amateur athletes from + emotional, physical, and sexual abuse, and for other purposes. From ce2de01e0d17aab88f3d691f439eb453fe5e7d89 Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 877/984] Senate-2330: Enrolled --- bills_text/Senate-2330.txt | 3101 +++++++++++++++++------------------- 1 file changed, 1454 insertions(+), 1647 deletions(-) diff --git a/bills_text/Senate-2330.txt b/bills_text/Senate-2330.txt index 307d9d1..14b2bad 100644 --- a/bills_text/Senate-2330.txt +++ b/bills_text/Senate-2330.txt @@ -1,208 +1,195 @@ -116th CONGRESS - 2d Session - S. 2330 + S.2330 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend the Ted Stevens Olympic and Amateur Sports Act to provide for -congressional oversight of the board of directors of the United States + To amend the Ted Stevens Olympic and Amateur Sports Act to provide for + congressional oversight of the board of directors of the United States Olympic and Paralympic Committee and to protect amateur athletes from emotional, physical, and sexual abuse, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020''. - SEC. 2. FINDINGS. - Congress makes the following findings: - (1) The courageous voice of survivors is a call to action - to end emotional, physical, and sexual abuse in the Olympic and - Paralympic movement. - (2) Larry Nassar, the former national team doctor for USA - Gymnastics, sexually abused over 300 athletes for over two - decades because of ineffective oversight by USA Gymnastics and - the United States Olympic Committee. - (3) While the case of Larry Nassar is unprecedented in - scale, the case is hardly the only recent incident of sexual - abuse in amateur sports. - (4) Survivors of Larry Nassar's abuse and all survivors of - abuse in the Olympic and Paralympic movement deserve justice - and redress for the wrongs the survivors have suffered. - (5) After a comprehensive congressional investigation, - including interviews and statements from survivors, former and - current organization officials, law enforcement, and advocates, - Congress found that the United States Olympic Committee and USA - Gymnastics fundamentally failed to uphold their existing - statutory purposes and duty to protect amateur athletes from - sexual, emotional, or physical abuse. - (6) USA Gymnastics and the United States Olympic Committee - knowingly concealed abuse by Larry Nassar, leading to the abuse - of dozens of additional amateur athletes during the period - beginning in the summer of 2015 and ending in September 2016. - (7) Ending abuse in the Olympic and Paralympic movement - requires enhanced oversight to ensure that the Olympic and - Paralympic movement does more to serve athletes and protect - their voice and safety. - + (1) The courageous voice of survivors is a call to action to + end emotional, physical, and sexual abuse in the Olympic and + Paralympic movement. + (2) Larry Nassar, the former national team doctor for USA + Gymnastics, sexually abused over 300 athletes for over two decades + because of ineffective oversight by USA Gymnastics and the United + States Olympic Committee. + (3) While the case of Larry Nassar is unprecedented in scale, + the case is hardly the only recent incident of sexual abuse in + amateur sports. + (4) Survivors of Larry Nassar's abuse and all survivors of + abuse in the Olympic and Paralympic movement deserve justice and + redress for the wrongs the survivors have suffered. + (5) After a comprehensive congressional investigation, + including interviews and statements from survivors, former and + current organization officials, law enforcement, and advocates, + Congress found that the United States Olympic Committee and USA + Gymnastics fundamentally failed to uphold their existing statutory + purposes and duty to protect amateur athletes from sexual, + emotional, or physical abuse. + (6) USA Gymnastics and the United States Olympic Committee + knowingly concealed abuse by Larry Nassar, leading to the abuse of + dozens of additional amateur athletes during the period beginning + in the summer of 2015 and ending in September 2016. + (7) Ending abuse in the Olympic and Paralympic movement + requires enhanced oversight to ensure that the Olympic and + Paralympic movement does more to serve athletes and protect their + voice and safety. SEC. 3. DEFINITIONS. - Section 220501(b) of title 36, United States Code, is amended-- - (1) in paragraph (4), by striking ``United States Center - for Safe Sport'' and inserting ``United States Center for - SafeSport''; - (2) in paragraph (6), by striking ``United States Olympic - Committee'' and inserting ``United States Olympic and - Paralympic Committee''; - (3) by amending paragraph (8) to read as follows: - ``(8) `national governing body' means an amateur sports - organization, a high-performance management organization, or a - paralympic sports organization that is certified by the - corporation under section 220521.''; - (4) by striking paragraph (9); - (5) by redesignating paragraphs (4), (5), (6), (7), (8), - and (10) as paragraphs (5), (6), (7), (8), (9), and (12), - respectively; - (6) by inserting after paragraph (3) the following: - ``(4) `Athletes' Advisory Council' means the entity - established and maintained under section 220504(b)(2)(A) that-- - ``(A) is composed of, and elected by, amateur - athletes to ensure communication between the - corporation and currently active amateur athletes; and - ``(B) serves as a source of amateur-athlete opinion - and advice with respect to policies and proposed - policies of the corporation.''; and - (7) by inserting after paragraph (9), as so redesignated, - the following: - ``(10) `protected individual' means any amateur athlete, - coach, trainer, manager, administrator, or official associated - with the corporation or a national governing body. - ``(11) `retaliation' means any adverse or discriminatory - action, or the threat of an adverse or discriminatory action, - including removal from a training facility, reduced coaching or - training, reduced meals or housing, and removal from - competition, carried out against a protected individual as a - result of any communication, including the filing of a formal - complaint, by the protected individual or a parent or legal - guardian of the protected individual relating to the allegation - of physical abuse, sexual harassment, or emotional abuse, - with-- - ``(A) the Center; - ``(B) a coach, trainer, manager, administrator, or - official associated with the corporation; - ``(C) the Attorney General; - ``(D) a Federal or State law enforcement authority; - ``(E) the Equal Employment Opportunity Commission; - or - ``(F) Congress.''. - + (1) in paragraph (4), by striking ``United States Center for + Safe Sport'' and inserting ``United States Center for SafeSport''; + (2) in paragraph (6), by striking ``United States Olympic + Committee'' and inserting ``United States Olympic and Paralympic + Committee''; + (3) by amending paragraph (8) to read as follows: + ``(8) `national governing body' means an amateur sports + organization, a high-performance management organization, or a + paralympic sports organization that is certified by the corporation + under section 220521.''; + (4) by striking paragraph (9); + (5) by redesignating paragraphs (4), (5), (6), (7), (8), and + (10) as paragraphs (5), (6), (7), (8), (9), and (12), respectively; + (6) by inserting after paragraph (3) the following: + ``(4) `Athletes' Advisory Council' means the entity established + and maintained under section 220504(b)(2)(A) that-- + ``(A) is composed of, and elected by, amateur athletes to + ensure communication between the corporation and currently + active amateur athletes; and + ``(B) serves as a source of amateur-athlete opinion and + advice with respect to policies and proposed policies of the + corporation.''; and + (7) by inserting after paragraph (9), as so redesignated, the + following: + ``(10) `protected individual' means any amateur athlete, coach, + trainer, manager, administrator, or official associated with the + corporation or a national governing body. + ``(11) `retaliation' means any adverse or discriminatory + action, or the threat of an adverse or discriminatory action, + including removal from a training facility, reduced coaching or + training, reduced meals or housing, and removal from competition, + carried out against a protected individual as a result of any + communication, including the filing of a formal complaint, by the + protected individual or a parent or legal guardian of the protected + individual relating to the allegation of physical abuse, sexual + harassment, or emotional abuse, with-- + ``(A) the Center; + ``(B) a coach, trainer, manager, administrator, or official + associated with the corporation; + ``(C) the Attorney General; + ``(D) a Federal or State law enforcement authority; + ``(E) the Equal Employment Opportunity Commission; or + ``(F) Congress.''. SEC. 4. MODERNIZATION OF THE TED STEVENS OLYMPIC AND AMATEUR SPORTS - ACT. - +ACT. (a) In General.--Chapter 2205 of title 36, United States Code, is amended-- - (1) in the chapter heading, by striking ``UNITED STATES - OLYMPIC COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND - PARALYMPIC COMMITTEE''; - (2) in section 220502, by amending subsection (c) to read - as follows: + (1) in the chapter heading, by striking ``UNITED STATES OLYMPIC + COMMITTEE'' and inserting ``UNITED STATES OLYMPIC AND PARALYMPIC + COMMITTEE''; + (2) in section 220502, by amending subsection (c) to read as + follows: ``(c) References to United States Olympic Association and United States Olympic Committee.--Any reference to the United States Olympic Association or the United States Olympic Committee is deemed to refer to the United States Olympic and Paralympic Committee.''; - (3) in section 220503-- - (A) in paragraph (3), by striking ``and the Pan- - American Games'' each place it appears and inserting - ``the Pan-American Games, and the Parapan American - Games''; and - (B) in paragraph (4), by striking ``and Pan- - American Games'' and inserting ``the Pan-American - Games, and the Parapan American Games''; - (4) in section 220504(b)(3), by striking ``or the Pan- + (3) in section 220503-- + (A) in paragraph (3), by striking ``and the Pan-American + Games'' each place it appears and inserting ``the Pan-American + Games, and the Parapan American Games''; and + (B) in paragraph (4), by striking ``and Pan-American + Games'' and inserting ``the Pan-American Games, and the Parapan + American Games''; + (4) in section 220504(b)(3), by striking ``or the Pan-American + Games'' and inserting ``the Pan-American Games, or the Parapan + American Games''; + (5) in section 220505(c)-- + (A) in paragraph (3), by striking ``and the Pan-American + Games'' and inserting ``the Pan-American Games, and the Parapan + American Games''; + (B) by amending paragraph (4) to read as follows: + ``(4) certify national governing bodies for any sport that is + included on the program of the Olympic Games, the Paralympic Games, + the Pan-American Games, or the Parapan American Games;''; and + (C) in paragraph (5), by inserting ``the Parapan American + Games,'' after ``the Pan-American Games,''; + (6) in section 220506-- + (A) in subsection (a)-- + (i) in paragraph (1), by striking ``United States + Olympic Committee'' and inserting ``United States Olympic + and Paralympic Committee''; + (ii) in paragraph (2), by striking ``3 TaiGeuks'' and + inserting ``3 Agitos''; and + (iii) in paragraph (4), by inserting ```Parapan + American','' after ```Pan-American',''; + (B) in subsection (b), by inserting ``the Parapan American + team,'' after ``the Pan-American team,''; and + (C) in subsection (c)(3), by striking ``or Pan-American + Games activity'' and inserting ``Pan-American, or Parapan + American Games activity''; + (7) in section 220509(a)-- + (A) in the first sentence, by inserting ``the Parapan + American Games,'' after ``the Pan-American Games,''; and + (B) in the second sentence, by striking ``or the Pan- American Games'' and inserting ``the Pan-American Games, or the Parapan American Games''; - (5) in section 220505(c)-- - (A) in paragraph (3), by striking ``and the Pan- - American Games'' and inserting ``the Pan-American - Games, and the Parapan American Games''; - (B) by amending paragraph (4) to read as follows: - ``(4) certify national governing bodies for any sport that - is included on the program of the Olympic Games, the Paralympic - Games, the Pan-American Games, or the Parapan American - Games;''; and - (C) in paragraph (5), by inserting ``the Parapan - American Games,'' after ``the Pan-American Games,''; - (6) in section 220506-- - (A) in subsection (a)-- - (i) in paragraph (1), by striking ``United - States Olympic Committee'' and inserting - ``United States Olympic and Paralympic - Committee''; - (ii) in paragraph (2), by striking ``3 - TaiGeuks'' and inserting ``3 Agitos''; and - (iii) in paragraph (4), by inserting - ```Parapan American','' after ```Pan- - American',''; - (B) in subsection (b), by inserting ``the Parapan - American team,'' after ``the Pan-American team,''; and - (C) in subsection (c)(3), by striking ``or Pan- - American Games activity'' and inserting ``Pan-American, - or Parapan American Games activity''; - (7) in section 220509(a)-- - (A) in the first sentence, by inserting ``the - Parapan American Games,'' after ``the Pan-American - Games,''; and - (B) in the second sentence, by striking ``or the - Pan-American Games'' and inserting ``the Pan-American - Games, or the Parapan American Games''; - (8) in section 220512, by striking ``and Pan-American - Games'' and inserting ``Pan-American Games, and Parapan - American Games''; - (9) in section 220523(a), by striking ``and the Pan- - American Games'' each place it appears and inserting ``the Pan- - American Games, and the Parapan American Games''; - (10) in section 220528(c)-- - (A) in subparagraph (A), by striking ``or in both - the Olympic and Pan-American Games'' and inserting ``or - in each of the Olympic Games, the Paralympic Games, the - Pan-American Games, and the Parapan American Games''; - and - (B) by amending subparagraph (B) to read as - follows: - ``(B) any Pan-American Games or Parapan American - Games, for a sport in which competition is held in the - Pan-American Games or the Parapan American Games, as - applicable, but not in the Olympic Games or the - Paralympic Games.''; and - (11) in section 220531, by striking ``United States Olympic - Committee'' each place it appears and inserting ``United States - Olympic and Paralympic Committee''. + (8) in section 220512, by striking ``and Pan-American Games'' + and inserting ``Pan-American Games, and Parapan American Games''; + (9) in section 220523(a), by striking ``and the Pan-American + Games'' each place it appears and inserting ``the Pan-American + Games, and the Parapan American Games''; + (10) in section 220528(c)-- + (A) in subparagraph (A), by striking ``or in both the + Olympic and Pan-American Games'' and inserting ``or in each of + the Olympic Games, the Paralympic Games, the Pan-American + Games, and the Parapan American Games''; and + (B) by amending subparagraph (B) to read as follows: + ``(B) any Pan-American Games or Parapan American Games, for + a sport in which competition is held in the Pan-American Games + or the Parapan American Games, as applicable, but not in the + Olympic Games or the Paralympic Games.''; and + (11) in section 220531, by striking ``United States Olympic + Committee'' each place it appears and inserting ``United States + Olympic and Paralympic Committee''. (b) Conforming Amendment.--The table of chapters for part B of subtitle II of title 36, United States Code, is amended by striking the item relating to chapter 2205 and inserting the following: -``2205. United States Olympic and Paralympic 220501''. - Committee. +``2205. United States Olympic and Paralympic +Committee......................................................220501''. SEC. 5. CONGRESSIONAL OVERSIGHT OF UNITED STATES OLYMPIC AND PARALYMPIC - COMMITTEE AND NATIONAL GOVERNING BODIES. - +COMMITTEE AND NATIONAL GOVERNING BODIES. (a) In General.--Chapter 2205 of title 36, United States Code, is amended-- - (1) by redesignating the second subchapter designated as - subchapter III (relating to the United States Center for - SafeSport), as added by section 202 of the Protecting Young - Victims from Sexual Abuse and Safe Sport Authorization Act of - 2017 (Public Law 115-126; 132 Stat. 320) as subchapter IV; and - (2) by adding at the end the following: + (1) by redesignating the second subchapter designated as + subchapter III (relating to the United States Center for + SafeSport), as added by section 202 of the Protecting Young Victims + from Sexual Abuse and Safe Sport Authorization Act of 2017 (Public + Law 115-126; 132 Stat. 320) as subchapter IV; and + (2) by adding at the end the following: ``SUBCHAPTER V--DISSOLUTION OF BOARD OF DIRECTORS OF CORPORATION AND TERMINATION OF RECOGNITION OF NATIONAL GOVERNING BODIES @@ -210,39 +197,35 @@ amended-- ``Sec. 220551. Definitions ``In this subchapter, the term `joint resolution' means a joint resolution-- - ``(1) which does not have a preamble; and - ``(2) for which-- - ``(A)(i) the title is only as follows: `A joint - resolution to dissolve the board of directors of the - United States Olympic and Paralympic Committee'; and - ``(ii) the matter after the resolving clause-- - ``(I) is as follows: `That Congress finds - that dissolving the board of directors of the - United States Olympic and Paralympic Committee - would not unduly interfere with the operations - of chapter 2205 of title 36, United States - Code'; and - ``(II) prescribes adequate procedures for - forming a board of directors of the corporation - as expeditiously as possible and in a manner - that safeguards the membership and voting power - of the representatives of amateur athletes at - all times, consistent with the membership and - voting power of amateur athletes under section - 220504(b)(2); or - ``(B)(i) the title is only as follows: `A joint - resolution relating to terminating the recognition of a - national governing body'; and - ``(ii) the matter after the resolving clause is - only as follows: `That Congress determines that - _________, which is recognized as a national governing - body under section 220521 of title 36, United States - Code, has failed to fulfill its duties, as described in - section 220524 of title 36, United States Code', the - blank space being filled in with the name of the - applicable national governing body. + ``(1) which does not have a preamble; and + ``(2) for which-- + ``(A)(i) the title is only as follows: `A joint resolution + to dissolve the board of directors of the United States Olympic + and Paralympic Committee'; and + ``(ii) the matter after the resolving clause-- + ``(I) is as follows: `That Congress finds that + dissolving the board of directors of the United States + Olympic and Paralympic Committee would not unduly interfere + with the operations of chapter 2205 of title 36, United + States Code'; and + ``(II) prescribes adequate procedures for forming a + board of directors of the corporation as expeditiously as + possible and in a manner that safeguards the membership and + voting power of the representatives of amateur athletes at + all times, consistent with the membership and voting power + of amateur athletes under section 220504(b)(2); or + ``(B)(i) the title is only as follows: `A joint resolution + relating to terminating the recognition of a national governing + body'; and + ``(ii) the matter after the resolving clause is only as + follows: `That Congress determines that _________, which is + recognized as a national governing body under section 220521 of + title 36, United States Code, has failed to fulfill its duties, + as described in section 220524 of title 36, United States + Code', the blank space being filled in with the name of the + applicable national governing body. ``Sec. 220552. Dissolution of board of directors of corporation and - termination of recognition of national governing bodies + termination of recognition of national governing bodies ``(a) Dissolution of Board of Directors of Corporation.--Effective on the date of enactment of a joint resolution described in section 220551(2)(A) with respect to the board of directors of the corporation, @@ -254,86 +237,80 @@ recognition of the applicable amateur sports organization as a national governing body shall cease to have force or effect.''. (b) Technical and Conforming Amendments.--The table of sections for chapter 2205 of title 36, United States Code, is amended-- - (1) by striking the second item relating to subchapter III - (relating to the United States Center for SafeSport), as added - by section 202 of the Protecting Young Victims from Sexual - Abuse and Safe Sport Authorization Act of 2017 (Public Law 115- - 126; 132 Stat. 320) and inserting the following: + (1) by striking the second item relating to subchapter III + (relating to the United States Center for SafeSport), as added by + section 202 of the Protecting Young Victims from Sexual Abuse and + Safe Sport Authorization Act of 2017 (Public Law 115-126; 132 Stat. + 320) and inserting the following: - ``subchapter iv--united states center for safesport''; and + ``subchapter iv--united states center for safesport''; and - (2) by adding at the end the following: + (2) by adding at the end the following: ``subchapter v--dissolution of board of directors of corporation and - termination of recognition of national governing bodies + termination of recognition of national governing bodies ``220551. Definitions. ``220552. Dissolution of board of directors of corporation and - termination of recognition of national - governing bodies.''. + termination of recognition of national governing bodies.''. + (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. - SEC. 6. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC - COMMITTEE. - +COMMITTEE. (a) Purposes of the Corporation.--Section 220503 of title 36, United States Code, is amended-- - (1) in paragraph (9), by inserting ``and access to'' after - ``development of''; - (2) in paragraph (14), by striking ``; and'' and inserting - a semicolon; - (3) in paragraph (15), by striking the period at the end - and inserting ``; and''; and - (4) by adding at the end the following: - ``(16) to effectively oversee the national governing bodies - with respect to compliance with and implementation of the - policies and procedures of the corporation, including policies - and procedures on the establishment of a safe environment in - sports as described in paragraph (15).''. + (1) in paragraph (9), by inserting ``and access to'' after + ``development of''; + (2) in paragraph (14), by striking ``; and'' and inserting a + semicolon; + (3) in paragraph (15), by striking the period at the end and + inserting ``; and''; and + (4) by adding at the end the following: + ``(16) to effectively oversee the national governing bodies + with respect to compliance with and implementation of the policies + and procedures of the corporation, including policies and + procedures on the establishment of a safe environment in sports as + described in paragraph (15).''. (b) Membership and Representation.--Section 220504 of title 36, United States Code, is amended-- - (1) in subsection (a), by inserting ``, and membership - shall be available only to national governing bodies'' before - the period at the end; - (2) in subsection (b), by amending paragraph (2) to read as - follows: - ``(2) amateur athletes who are actively engaged in amateur - athletic competition or who have represented the United States - in international amateur athletic competition, including - through provisions that-- - ``(A) establish and maintain an Athletes' Advisory - Council; - ``(B) ensure that the chair of the Athletes' - Advisory Council, or the designee of the chair, holds - voting power on the board of directors of the - corporation and in the committees and entities of the - corporation; - ``(C) require that-- - ``(i) not less than \1/3\ of the membership - of the board of directors of the corporation - shall be composed of, and elected by, such - amateur athletes; and - ``(ii) not less than 20 percent of the - membership of the board of directors of the - corporation shall be composed of amateur - athletes who-- - ``(I) are actively engaged in - representing the United States in - international amateur athletic - competition; or - ``(II) have represented the United - States in international amateur - athletic competition during the - preceding 10-year period; and - ``(D) ensure that the membership and voting power - held by such amateur athletes is not less than \1/3\ - percent of the membership and voting power held in the - board of directors of the corporation and in the - committees and entities of the corporation, including - any panel empowered to resolve grievances;''; and - (3) by adding at the end the following: + (1) in subsection (a), by inserting ``, and membership shall be + available only to national governing bodies'' before the period at + the end; + (2) in subsection (b), by amending paragraph (2) to read as + follows: + ``(2) amateur athletes who are actively engaged in amateur + athletic competition or who have represented the United States in + international amateur athletic competition, including through + provisions that-- + ``(A) establish and maintain an Athletes' Advisory Council; + ``(B) ensure that the chair of the Athletes' Advisory + Council, or the designee of the chair, holds voting power on + the board of directors of the corporation and in the committees + and entities of the corporation; + ``(C) require that-- + ``(i) not less than \1/3\ of the membership of the + board of directors of the corporation shall be composed of, + and elected by, such amateur athletes; and + ``(ii) not less than 20 percent of the membership of + the board of directors of the corporation shall be composed + of amateur athletes who-- + + ``(I) are actively engaged in representing the + United States in international amateur athletic + competition; or + ``(II) have represented the United States in + international amateur athletic competition during the + preceding 10-year period; and + + ``(D) ensure that the membership and voting power held by + such amateur athletes is not less than \1/3\ of the membership + and voting power held in the board of directors of the + corporation and in the committees and entities of the + corporation, including any panel empowered to resolve + grievances;''; and + (3) by adding at the end the following: ``(c) Conflict of Interest.--An athlete who represents athletes under subsection (b)(2) shall not be employed by the Center, or serve in a capacity that exercises decision-making authority on behalf of the @@ -343,44 +320,42 @@ athlete ceases such representation. shall include a description of all generally applicable certification requirements for membership in the corporation.''. (c) Duties.-- - (1) In general.--Section 220505 of title 36, United States - Code, is amended-- - (A) in the section heading, by striking ``Powers'' - and inserting ``Powers and duties''; and - (B) by adding at the end the following: + (1) In general.--Section 220505 of title 36, United States + Code, is amended-- + (A) in the section heading, by striking ``Powers'' and + inserting ``Powers and duties''; and + (B) by adding at the end the following: ``(d) Duties.-- - ``(1) In general.--The duty of the corporation to amateur - athletes includes the adoption, effective implementation, and - enforcement of policies and procedures designed-- - ``(A) to immediately report to law enforcement and - the Center any allegation of child abuse of an amateur - athlete who is a minor; - ``(B) to ensure that each national governing body - has in place policies and procedures to report - immediately any allegation of child abuse of an amateur - athlete, consistent with-- - ``(i) the policies and procedures developed - under subparagraph (C) of section 220541(a)(1); - and - ``(ii) the requirement described in - paragraph (2)(A) of section 220542(a); and - ``(C) to ensure that each national governing body - and the corporation enforces temporary measures and - sanctions issued pursuant to the authority of the - Center. - ``(2) Rule of construction.--Nothing in this subsection - shall be construed to preempt or otherwise abrogate the duty of - care of the corporation under State law or the common law.''. - (2) Conforming amendment.--The table of sections for - chapter 2205 of title 36, United States Code, is amended by - striking the item relating to section 220505 and inserting the - following: + ``(1) In general.--The duty of the corporation to amateur + athletes includes the adoption, effective implementation, and + enforcement of policies and procedures designed-- + ``(A) to immediately report to law enforcement and the + Center any allegation of child abuse of an amateur athlete who + is a minor; + ``(B) to ensure that each national governing body has in + place policies and procedures to report immediately any + allegation of child abuse of an amateur athlete, consistent + with-- + ``(i) the policies and procedures developed under + subparagraph (C) of section 220541(a)(1); and + ``(ii) the requirement described in paragraph (2)(A) of + section 220542(a); and + ``(C) to ensure that each national governing body and the + corporation enforces temporary measures and sanctions issued + pursuant to the authority of the Center. + ``(2) Rule of construction.--Nothing in this subsection shall + be construed to preempt or otherwise abrogate the duty of care of + the corporation under State law or the common law.''. + (2) Conforming amendment.--The table of sections for chapter + 2205 of title 36, United States Code, is amended by striking the + item relating to section 220505 and inserting the following: ``220505. Powers and duties.''. + (d) Restrictions.-- - (1) Policy with respect to assisting members or former - members in obtaining jobs.--Section 220507 of title 36, United - States Code, is amended by adding at the end the following: + (1) Policy with respect to assisting members or former members + in obtaining jobs.--Section 220507 of title 36, United States Code, + is amended by adding at the end the following: ``(c) Policy With Respect to Assisting Members or Former Members in Obtaining Jobs.--The corporation shall develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the @@ -390,352 +365,323 @@ files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law.''. - (2) Policy with respect to terms and conditions of - employment.-- - (A) In general.--Section 220507 of title 36, United - States Code, as amended by paragraph (1), is further - amended by adding at the end the following: + (2) Policy with respect to terms and conditions of + employment.-- + (A) In general.--Section 220507 of title 36, United States + Code, as amended by paragraph (1), is further amended by adding + at the end the following: ``(d) Policy Regarding Terms and Conditions of Employment.--The corporation shall establish a policy-- - ``(1) not to disperse bonus or severance pay to any - individual named as a subject of an ethics investigation by the - ethics committee of the corporation, until such individual is - cleared of wrongdoing by such investigation; and - ``(2) that provides that-- - ``(A) if the ethics committee determines that an - individual has violated the policies of the - corporation-- - ``(i) the individual is no longer entitled - to bonus or severance pay previously withheld; - and - ``(ii) the compensation committee of the - corporation may reduce or cancel the withheld - bonus or severance pay; and - ``(B) in the case of an individual who is the - subject of a criminal investigation, the ethics - committee shall investigate the individual.''. - (B) Applicability.--The amendment made by - subparagraph (A) shall not apply to any term of - employment for the disbursement of bonus or severance - pay that is in effect as of the day before the date of - the enactment of this Act. + ``(1) not to disperse bonus or severance pay to any individual + named as a subject of an ethics investigation by the ethics + committee of the corporation, until such individual is cleared of + wrongdoing by such investigation; and + ``(2) that provides that-- + ``(A) if the ethics committee determines that an individual + has violated the policies of the corporation-- + ``(i) the individual is no longer entitled to bonus or + severance pay previously withheld; and + ``(ii) the compensation committee of the corporation + may reduce or cancel the withheld bonus or severance pay; + and + ``(B) in the case of an individual who is the subject of a + criminal investigation, the ethics committee shall investigate + the individual.''. + (B) Applicability.--The amendment made by subparagraph (A) + shall not apply to any term of employment for the disbursement + of bonus or severance pay that is in effect as of the day + before the date of the enactment of this Act. (e) Resolution of Disputes and Protecting Abuse Victims From Retaliation.--Section 220509 of title 36, United States Code, is amended-- - (1) in subsection (a), in the first sentence, by inserting - ``complaints of retaliation or'' after ``relating to''; - (2) by amending subsection (b) to read as follows: + (1) in subsection (a), in the first sentence, by inserting + ``complaints of retaliation or'' after ``relating to''; + (2) by amending subsection (b) to read as follows: ``(b) Office of the Athlete Ombuds.-- - ``(1) In general.--The corporation shall hire and provide - salary, benefits, and administrative expenses for an ombudsman - and support staff for athletes. - ``(2) Duties.--The Office of the Athlete Ombuds shall-- - ``(A) provide independent advice to athletes at no - cost about the applicable provisions of this chapter - and the constitution and bylaws of the corporation, - national governing bodies, international sports - federations, the International Olympic Committee, the - International Paralympic Committee, and the Pan- - American Sports Organization, and with respect to the - resolution of any dispute involving the opportunity of - an amateur athlete to participate in the Olympic Games, - the Paralympic Games, the Pan-American Games, the - Parapan American Games, world championship competition - or other protected competition as defined in the - constitution and bylaws of the corporation; - ``(B) assist in the resolution of athlete concerns; - ``(C) provide independent advice to athletes with - respect to-- - ``(i) the role, responsibility, authority, - and jurisdiction of the Center; and - ``(ii) the relative value of engaging legal - counsel; and - ``(D) report to the Athletes' Advisory Council on a - regular basis. - ``(3) Hiring procedures; vacancy; termination.-- - ``(A) Hiring procedures.--The procedure for hiring - the ombudsman for athletes shall be as follows: - ``(i) The Athletes' Advisory Council shall - provide the corporation's executive director - with the name of 1 qualified person to serve as - ombudsman for athletes. - ``(ii) The corporation's executive director - shall immediately transmit the name of such - person to the corporation's executive - committee. - ``(iii) The corporation's executive - committee shall hire or not hire such person - after fully considering the advice and counsel - of the Athletes' Advisory Council. - ``(B) Vacancy.--If there is a vacancy in the - position of the ombudsman for athletes, the nomination - and hiring procedure set forth in this paragraph shall - be followed in a timely manner. - ``(C) Termination.--The corporation may terminate - the employment of an individual serving as ombudsman - for athletes only if-- - ``(i) the termination is carried out in - accordance with the applicable policies and - procedures of the corporation; - ``(ii) the termination is initially - recommended to the corporation's executive - committee by either the corporation's executive - director or by the Athletes' Advisory Council; - and - ``(iii) the corporation's executive - committee fully considers the advice and - counsel of the Athletes' Advisory Council prior - to deciding whether or not to terminate the - employment of such individual. - ``(4) Confidentiality.-- - ``(A) In general.--The Office of the Athlete Ombuds - shall maintain as confidential any information - communicated or provided to the Office of the Athlete - Ombuds in confidence in any matter involving the - exercise of the official duties of the Office of the - Athlete Ombuds. - ``(B) Exception.--The Office of the Athlete Ombuds - may disclose information described in subparagraph (A) - as necessary to resolve or mediate a dispute, with the - permission of the parties involved. - ``(C) Judicial and administrative proceedings.-- - ``(i) In general.--The ombudsman and the - staff of the Office of the Athlete Ombuds shall - not be compelled to testify or produce evidence - in any judicial or administrative proceeding - with respect to any matter involving the - exercise of the duties of the Office of the - Athlete Ombuds. - ``(ii) Work product.--Any memorandum, work - product, notes, or case file of the Office of - the Athlete Ombuds-- - ``(I) shall be confidential; and - ``(II) shall not be-- - ``(aa) subject to - discovery, subpoena, or any - other means of legal - compulsion; or - ``(bb) admissible as - evidence in a judicial or - administrative proceeding. - ``(D) Applicability.--The confidentiality - requirements under this paragraph shall not apply to - information relating to-- - ``(i) applicable federally mandated - reporting requirements; - ``(ii) a felony personally witnessed by a - member of the Office of the Athlete Ombuds; - ``(iii) a situation, communicated to the - Office of the Athlete Ombuds, in which an - individual is at imminent risk of serious harm; - or - ``(iv) a congressional subpoena. - ``(E) Development of policy.-- - ``(i) In general.--Not later than 180 days - after the date of the enactment of the - Empowering Olympic, Paralympic, and Amateur - Athletes Act of 2020, the Office of the Athlete - Ombuds shall develop and publish in the Federal - Register a confidentiality and privacy policy - consistent with this paragraph. - ``(ii) Distribution.--The Office of the - Athlete Ombuds shall distribute a copy of the - policy developed under clause (i) to-- - ``(I) employees of the national - governing bodies; and - ``(II) employees of the - corporation. - ``(iii) Publication by national governing - bodies.--Each national governing body shall-- - ``(I) publish the policy developed - under clause (i) on the internet - website of the national governing body; - and - ``(II) communicate to amateur - athletes the availability of the - policy. - ``(5) Prohibition on retaliation.--No employee, contractor, - agent, volunteer, or member of the corporation shall take or - threaten to take any action against an athlete as a reprisal - for disclosing information to or seeking assistance from the + ``(1) In general.--The corporation shall hire and provide + salary, benefits, and administrative expenses for an ombudsman and + support staff for athletes. + ``(2) Duties.--The Office of the Athlete Ombuds shall-- + ``(A) provide independent advice to athletes at no cost + about the applicable provisions of this chapter and the + constitution and bylaws of the corporation, national governing + bodies, international sports federations, the International + Olympic Committee, the International Paralympic Committee, and + the Pan-American Sports Organization, and with respect to the + resolution of any dispute involving the opportunity of an + amateur athlete to participate in the Olympic Games, the + Paralympic Games, the Pan-American Games, the Parapan American + Games, world championship competition or other protected + competition as defined in the constitution and bylaws of the + corporation; + ``(B) assist in the resolution of athlete concerns; + ``(C) provide independent advice to athletes with respect + to-- + ``(i) the role, responsibility, authority, and + jurisdiction of the Center; and + ``(ii) the relative value of engaging legal counsel; + and + ``(D) report to the Athletes' Advisory Council on a regular + basis. + ``(3) Hiring procedures; vacancy; termination.-- + ``(A) Hiring procedures.--The procedure for hiring the + ombudsman for athletes shall be as follows: + ``(i) The Athletes' Advisory Council shall provide the + corporation's executive director with the name of 1 + qualified person to serve as ombudsman for athletes. + ``(ii) The corporation's executive director shall + immediately transmit the name of such person to the + corporation's executive committee. + ``(iii) The corporation's executive committee shall + hire or not hire such person after fully considering the + advice and counsel of the Athletes' Advisory Council. + ``(B) Vacancy.--If there is a vacancy in the position of + the ombudsman for athletes, the nomination and hiring procedure + set forth in this paragraph shall be followed in a timely + manner. + ``(C) Termination.--The corporation may terminate the + employment of an individual serving as ombudsman for athletes + only if-- + ``(i) the termination is carried out in accordance with + the applicable policies and procedures of the corporation; + ``(ii) the termination is initially recommended to the + corporation's executive committee by either the + corporation's executive director or by the Athletes' + Advisory Council; and + ``(iii) the corporation's executive committee fully + considers the advice and counsel of the Athletes' Advisory + Council prior to deciding whether or not to terminate the + employment of such individual. + ``(4) Confidentiality.-- + ``(A) In general.--The Office of the Athlete Ombuds shall + maintain as confidential any information communicated or + provided to the Office of the Athlete Ombuds in confidence in + any matter involving the exercise of the official duties of the Office of the Athlete Ombuds. - ``(6) Independence in carrying out duties.--The board of - directors of the corporation or any other member or employee of - the corporation shall not prevent or prohibit the Office of the - Athlete Ombuds from carrying out any duty or responsibility - under this section.''; and - (3) by adding at the end the following: + ``(B) Exception.--The Office of the Athlete Ombuds may + disclose information described in subparagraph (A) as necessary + to resolve or mediate a dispute, with the permission of the + parties involved. + ``(C) Judicial and administrative proceedings.-- + ``(i) In general.--The ombudsman and the staff of the + Office of the Athlete Ombuds shall not be compelled to + testify or produce evidence in any judicial or + administrative proceeding with respect to any matter + involving the exercise of the duties of the Office of the + Athlete Ombuds. + ``(ii) Work product.--Any memorandum, work product, + notes, or case file of the Office of the Athlete Ombuds-- + + ``(I) shall be confidential; and + ``(II) shall not be-- + + ``(aa) subject to discovery, subpoena, or any + other means of legal compulsion; or + ``(bb) admissible as evidence in a judicial or + administrative proceeding. + ``(D) Applicability.--The confidentiality requirements + under this paragraph shall not apply to information relating + to-- + ``(i) applicable federally mandated reporting + requirements; + ``(ii) a felony personally witnessed by a member of the + Office of the Athlete Ombuds; + ``(iii) a situation, communicated to the Office of the + Athlete Ombuds, in which an individual is at imminent risk + of serious harm; or + ``(iv) a congressional subpoena. + ``(E) Development of policy.-- + ``(i) In general.--Not later than 180 days after the + date of the enactment of the Empowering Olympic, + Paralympic, and Amateur Athletes Act of 2020, the Office of + the Athlete Ombuds shall develop and publish in the Federal + Register a confidentiality and privacy policy consistent + with this paragraph. + ``(ii) Distribution.--The Office of the Athlete Ombuds + shall distribute a copy of the policy developed under + clause (i) to-- + + ``(I) employees of the national governing bodies; + and + ``(II) employees of the corporation. + + ``(iii) Publication by national governing bodies.--Each + national governing body shall-- + + ``(I) publish the policy developed under clause (i) + on the internet website of the national governing body; + and + ``(II) communicate to amateur athletes the + availability of the policy. + + ``(5) Prohibition on retaliation.--No employee, contractor, + agent, volunteer, or member of the corporation shall take or + threaten to take any action against an athlete as a reprisal for + disclosing information to or seeking assistance from the Office of + the Athlete Ombuds. + ``(6) Independence in carrying out duties.--The board of + directors of the corporation or any other member or employee of the + corporation shall not prevent or prohibit the Office of the Athlete + Ombuds from carrying out any duty or responsibility under this + section.''; and + (3) by adding at the end the following: ``(c) Retaliation.-- - ``(1) In general.--The corporation, the national governing - bodies, or any officer, employee, contractor, subcontractor, or - agent of the corporation or a national governing body may not - retaliate against any protected individual as a result of any - communication, including the filing of a formal complaint, by a - protected individual or a parent or legal guardian of the - protected individual relating to an allegation of physical - abuse, sexual harassment, or emotional abuse. - ``(2) Disciplinary action.--If the corporation finds that - an employee of the corporation or a national governing body has - retaliated against a protected individual, the corporation or - national governing body, as applicable, shall immediately - terminate the employment of, or suspend without pay, such - employee. - ``(3) Damages.-- - ``(A) In general.--With respect to a protected - individual the corporation finds to have been subject - to retaliation, the corporation may award damages, - including damages for pain and suffering and reasonable - attorney fees. - ``(B) Reimbursement from national governing body.-- - In the case of a national governing body found to have - retaliated against a protected individual, the - corporation may demand reimbursement from the national - governing body for damages paid by the corporation - under subparagraph (A).''. + ``(1) In general.--The corporation, the national governing + bodies, or any officer, employee, contractor, subcontractor, or + agent of the corporation or a national governing body may not + retaliate against any protected individual as a result of any + communication, including the filing of a formal complaint, by a + protected individual or a parent or legal guardian of the protected + individual relating to an allegation of physical abuse, sexual + harassment, or emotional abuse. + ``(2) Disciplinary action.--If the corporation finds that an + employee of the corporation or a national governing body has + retaliated against a protected individual, the corporation or + national governing body, as applicable, shall immediately terminate + the employment of, or suspend without pay, such employee. + ``(3) Damages.-- + ``(A) In general.--With respect to a protected individual + the corporation finds to have been subject to retaliation, the + corporation may award damages, including damages for pain and + suffering and reasonable attorney fees. + ``(B) Reimbursement from national governing body.--In the + case of a national governing body found to have retaliated + against a protected individual, the corporation may demand + reimbursement from the national governing body for damages paid + by the corporation under subparagraph (A).''. (f) Reports and Audits.-- - (1) In general.--Section 220511 of title 36, United States - Code, is amended to read as follows: + (1) In general.--Section 220511 of title 36, United States + Code, is amended to read as follows: ``Sec. 220511. Reports and audits ``(a) Report.-- - ``(1) Submission to president and congress.--Not less - frequently than annually, the corporation shall submit - simultaneously to the President and to each House of Congress a - detailed report on the operations of the corporation for the - preceding calendar year. - ``(2) Matters to be included.--Each report required by - paragraph (1) shall include the following: - ``(A) A comprehensive description of the activities - and accomplishments of the corporation during such - calendar year. - ``(B) Data concerning the participation of women, - disabled individuals, and racial and ethnic minorities - in the amateur athletic activities and administration - of the corporation and national governing bodies. - ``(C) A description of the steps taken to encourage - the participation of women, disabled individuals, and - racial minorities in amateur athletic activities. - ``(D) A description of any lawsuit or grievance - filed against the corporation, including any dispute - initiated under this chapter. - ``(E) The agenda and minutes of any meeting of the - board of directors of the corporation that occurred - during such calendar year. - ``(F) A report by the compliance committee of the - corporation that, with respect to such calendar year-- - ``(i) identifies-- - ``(I) the areas in which the - corporation has met compliance - standards; and - ``(II) the areas in which the - corporation has not met compliance - standards; and - ``(ii) assesses the compliance of each - member of the corporation and provides a plan - for improvement, as necessary. - ``(G) A detailed description of any complaint of - retaliation made during such calendar year, including - the entity involved, the number of allegations of - retaliation, and the outcome of such allegations. - ``(3) Public availability.--The corporation shall make each - report under this subsection available to the public on an - easily accessible internet website of the corporation. + ``(1) Submission to president and congress.--Not less + frequently than annually, the corporation shall submit + simultaneously to the President and to each House of Congress a + detailed report on the operations of the corporation for the + preceding calendar year. + ``(2) Matters to be included.--Each report required by + paragraph (1) shall include the following: + ``(A) A comprehensive description of the activities and + accomplishments of the corporation during such calendar year. + ``(B) Data concerning the participation of women, disabled + individuals, and racial and ethnic minorities in the amateur + athletic activities and administration of the corporation and + national governing bodies. + ``(C) A description of the steps taken to encourage the + participation of women, disabled individuals, and racial + minorities in amateur athletic activities. + ``(D) A description of any lawsuit or grievance filed + against the corporation, including any dispute initiated under + this chapter. + ``(E) The agenda and minutes of any meeting of the board of + directors of the corporation that occurred during such calendar + year. + ``(F) A report by the compliance committee of the + corporation that, with respect to such calendar year-- + ``(i) identifies-- + + ``(I) the areas in which the corporation has met + compliance standards; and + ``(II) the areas in which the corporation has not + met compliance standards; and + + ``(ii) assesses the compliance of each member of the + corporation and provides a plan for improvement, as + necessary. + ``(G) A detailed description of any complaint of + retaliation made during such calendar year, including the + entity involved, the number of allegations of retaliation, and + the outcome of such allegations. + ``(3) Public availability.--The corporation shall make each + report under this subsection available to the public on an easily + accessible internet website of the corporation. ``(b) Audit.-- - ``(1) In general.--Not less frequently than annually, the - financial statements of the corporation for the preceding - fiscal year shall be audited in accordance with generally - accepted auditing standards by-- - ``(A) an independent certified public accountant; - or - ``(B) an independent licensed public accountant who - is certified or licensed by the regulatory authority of - a State or a political subdivision of a State. - ``(2) Location.--An audit under paragraph (1) shall be - conducted at the location at which the financial statements of - the corporation normally are kept. - ``(3) Access.--An individual conducting an audit under - paragraph (1) shall be given full access to-- - ``(A) all records and property owned or used by the - corporation, as necessary to facilitate the audit; and - ``(B) any facility under audit for the purpose of - verifying transactions, including any balance or - security held by a depository, fiscal agent, or - custodian. - ``(4) Report.-- - ``(A) In general.--Not later than 180 days after - the end of the fiscal year for which an audit is - carried out, the auditor shall submit a report on the - audit to the Committee on Commerce, Science, and - Transportation of the Senate, the Committee on the - Judiciary of the House of Representatives, and the - chair of the Athletes' Advisory Council. - ``(B) Matters to be included.--Each report under - subparagraph (A) shall include the following for the - applicable fiscal year: - ``(i) Any statement necessary to present - fairly the assets, liabilities, and surplus or - deficit of the corporation. - ``(ii) An analysis of the changes in the - amounts of such assets, liabilities, and - surplus or deficit. - ``(iii) A detailed statement of the income - and expenses of the corporation, including the - results of any trading, manufacturing, - publishing, or other commercial endeavor. - ``(iv) A detailed statement of the amounts - spent on stipends and services for athletes. - ``(v) A detailed statement of the amounts - spent on compensation and services for - executives and administration officials of the - corporation, including the 20 employees of the - corporation who receive the highest amounts of - compensation. - ``(vi) A detailed statement of the amounts - allocated to the national governing bodies. - ``(vii) Such comments and information as - the auditor considers necessary to inform - Congress of the financial operations and - condition of the corporation. - ``(viii) Recommendations relating to the - financial operations and condition of the - corporation. - ``(ix) A description of any financial - conflict of interest (including a description - of any recusal or other mitigating action - taken), evaluated in a manner consistent with - the policies of the corporation, of-- - ``(I) a member of the board of - directors of the corporation; or - ``(II) any senior management - personnel of the corporation. - ``(C) Public availability.-- - ``(i) In general.--The corporation shall - make each report under this paragraph available - to the public on an easily accessible internet - website of the corporation. - ``(ii) Personally identifiable - information.--A report made available under - clause (i) shall not include the personally - identifiable information of any individual.''. - (2) Conforming amendment.--The table of sections for - chapter 2205 of title 36, United States Code, is amended by - striking the item relating to section 220511 and inserting the - following: - -``220511. Reports and audits.''. + ``(1) In general.--Not less frequently than annually, the + financial statements of the corporation for the preceding fiscal + year shall be audited in accordance with generally accepted + auditing standards by-- + ``(A) an independent certified public accountant; or + ``(B) an independent licensed public accountant who is + certified or licensed by the regulatory authority of a State or + a political subdivision of a State. + ``(2) Location.--An audit under paragraph (1) shall be + conducted at the location at which the financial statements of the + corporation normally are kept. + ``(3) Access.--An individual conducting an audit under + paragraph (1) shall be given full access to-- + ``(A) all records and property owned or used by the + corporation, as necessary to facilitate the audit; and + ``(B) any facility under audit for the purpose of verifying + transactions, including any balance or security held by a + depository, fiscal agent, or custodian. + ``(4) Report.-- + ``(A) In general.--Not later than 180 days after the end of + the fiscal year for which an audit is carried out, the auditor + shall submit a report on the audit to the Committee on + Commerce, Science, and Transportation of the Senate, the + Committee on the Judiciary of the House of Representatives, and + the chair of the Athletes' Advisory Council. + ``(B) Matters to be included.--Each report under + subparagraph (A) shall include the following for the applicable + fiscal year: + ``(i) Any statement necessary to present fairly the + assets, liabilities, and surplus or deficit of the + corporation. + ``(ii) An analysis of the changes in the amounts of + such assets, liabilities, and surplus or deficit. + ``(iii) A detailed statement of the income and expenses + of the corporation, including the results of any trading, + manufacturing, publishing, or other commercial endeavor. + ``(iv) A detailed statement of the amounts spent on + stipends and services for athletes. + ``(v) A detailed statement of the amounts spent on + compensation and services for executives and administration + officials of the corporation, including the 20 employees of + the corporation who receive the highest amounts of + compensation. + ``(vi) A detailed statement of the amounts allocated to + the national governing bodies. + ``(vii) Such comments and information as the auditor + considers necessary to inform Congress of the financial + operations and condition of the corporation. + ``(viii) Recommendations relating to the financial + operations and condition of the corporation. + ``(ix) A description of any financial conflict of + interest (including a description of any recusal or other + mitigating action taken), evaluated in a manner consistent + with the policies of the corporation, of-- + + ``(I) a member of the board of directors of the + corporation; or + ``(II) any senior management personnel of the + corporation. + + ``(C) Public availability.-- + ``(i) In general.--The corporation shall make each + report under this paragraph available to the public on an + easily accessible internet website of the corporation. + ``(ii) Personally identifiable information.--A report + made available under clause (i) shall not include the + personally identifiable information of any individual.''. + (2) Conforming amendment.--The table of sections for chapter + 2205 of title 36, United States Code, is amended by striking the + item relating to section 220511 and inserting the following: + + ``220511. Reports and audits.''. + (g) Annual Amateur Athlete Survey.-- - (1) In general.--Subchapter I of chapter 2205 of title 36, - United States Code, is amended by adding at the end the - following: + (1) In general.--Subchapter I of chapter 2205 of title 36, + United States Code, is amended by adding at the end the following: ``Sec. 220513. Annual amateur athlete survey ``(a) In General.--Not less frequently than annually, the corporation shall cause an independent third-party organization, under contract, to conduct an anonymous survey of amateur athletes who are actively engaged in amateur athletic competition with respect to-- - ``(1) their satisfaction with the corporation and the - applicable national governing body; and - ``(2) the behaviors, attitudes, and feelings within the - corporation and the applicable national governing body relating - to sexual harassment and abuse. + ``(1) their satisfaction with the corporation and the + applicable national governing body; and + ``(2) the behaviors, attitudes, and feelings within the + corporation and the applicable national governing body relating to + sexual harassment and abuse. ``(b) Consultation.--A contract under subsection (a) shall require the independent third-party organization to develop the survey in consultation with the Center. @@ -747,314 +693,269 @@ Congress. ``(d) Public Availability.-- The corporation shall make the results of each such survey available to the public on an internet website of the corporation.''. - (2) Conforming amendment.--The table of sections for - chapter 2205 of title 36, United States Code, is amended by - inserting after the item relating to 220512 the following: + (2) Conforming amendment.--The table of sections for chapter + 2205 of title 36, United States Code, is amended by inserting after + the item relating to 220512 the following: ``220513. Annual amateur athlete survey.''. - SEC. 7. MODIFICATIONS TO NATIONAL GOVERNING BODIES. - (a) Certification of National Governing Bodies.-- - (1) In general.--Section 220521 of title 36, United States - Code, is amended-- - (A) in the section heading, by striking - ``Recognition of amateur sports organizations as - national governing bodies'' and inserting - ``Certification of national governing bodies''; - (B) by amending subsection (a) to read as follows: + (1) In general.--Section 220521 of title 36, United States + Code, is amended-- + (A) in the section heading, by striking ``Recognition of + amateur sports organizations as national governing bodies'' and + inserting ``Certification of national governing bodies''; + (B) by amending subsection (a) to read as follows: ``(a) In General.--With respect to each sport included on the program of the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games, the corporation-- - ``(1) may certify as a national governing body an amateur - sports organization, a high-performance management - organization, or a paralympic sports organization that files an - application and is eligible for such certification under - section 220522; and - ``(2) may not certify more than 1 national governing - body.''; - (C) in subsection (b), by striking ``recognizing'' - and inserting ``certifying''; - (D) in subsection (c), by striking ``recognizing'' - and inserting ``certifying''; and - (E) by amending subsection (d) to read as follows: + ``(1) may certify as a national governing body an amateur + sports organization, a high-performance management organization, or + a paralympic sports organization that files an application and is + eligible for such certification under section 220522; and + ``(2) may not certify more than 1 national governing body.''; + (C) in subsection (b), by striking ``recognizing'' and + inserting ``certifying''; + (D) in subsection (c), by striking ``recognizing'' and + inserting ``certifying''; and + (E) by amending subsection (d) to read as follows: ``(d) Review of Certification.--Not later than 8 years after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, and not less frequently than once every 4 years thereafter, the corporation-- - ``(1) shall review all matters related to the continued - certification of an organization as a national governing body; - ``(2) may take action the corporation considers - appropriate, including placing conditions on the continued - certification of an organization as a national governing body; - ``(3) shall submit to Congress a summary report of each - review under paragraph (1); and - ``(4) shall make each such summary report available to the - public.''. - (2) Technical and conforming amendments.-- - (A) Chapter 2205 of title 36, United States Code, - is amended-- - (i) in section 220504(b), by amending - paragraph (1) to read as follows: - ``(1) national governing bodies, including through - provisions that establish and maintain a National Governing - Bodies' Council that is composed of representatives of the - national governing bodies who are selected by their boards of - directors or other governing boards to ensure effective - communication between the corporation and the national - governing bodies;''; - (ii) in section 220512, by striking ``or - paralympic sports organization''; - (iii) in section 220522-- - (I) by striking subsection (b); and - (II) in subsection (a)-- - (aa) by striking - ``recognized'' each place it - appears and inserting - ``certified''; - (bb) by striking - ``recognition'' each place it - appears and inserting - ``certification''; - (cc) in paragraph (6), by - striking ``the Olympic Games or - the Pan-American Games'' and - inserting ``the Olympic Games, - the Paralympic Games, the Pan- - American Games, or the Parapan - American Games''; - (dd) in paragraph (11)-- - - (AA) in the matter - preceding subparagraph - (A), by inserting ``, - high-performance - management - organization, or - paralympic sports - organization'' after - ``amateur sports - organization''; and - - (BB) in - subparagraph (B), by - striking ``amateur - sports'' and inserting - ``applicable''; - - (ee) in paragraph (14), by - striking ``or the Pan-American - Games'' and inserting ``the - Pan-American Games, or the - Parapan American Games''; and - (ff) by striking the - subsection designation and - heading and all that follows - through ``An amateur sports - organization'' and inserting - ``An amateur sports - organization, a high- - performance management - organization, or a paralympic - sports organization''; - (iv) in section 220524, by striking - ``amateur sports'' each place it appears; - (v) in section 220528-- - (I) by striking ``recognition'' - each place it appears and inserting - ``certification''; - (II) by striking ``recognize'' each - place it appears and inserting - ``certify''; and - (III) in subsection (g), in the - subsection heading, by striking - ``Recognition'' and inserting - ``Certification''; - (vi) in section 220531-- - (I) by striking ``, each national - governing body, and each paralympic - sports organization'' each place it - appears and inserting ``and each - national governing body''; and - (II) in subsection (c)(2), by - striking ``each paralympic sports - organization,''; - (vii) in section 220541(d)(3), by striking - subparagraph (C); - (viii) in section 220542-- - (I) by striking ``or paralympic - sports organization'' each place it - appears; and - (II) in subsection (a)(2)-- - (aa) in subparagraph (A), - in the matter preceding clause - (i), by striking ``, a - paralympic sports - organization,''; - (bb) in subparagraph (E), - by striking ``or a paralympic - sports organization of each - national governing body and - paralympic sports - organization''; and - (cc) in subparagraph - (F)(i)-- - - (AA) by striking - ``, or an adult'' and - inserting ``or an - adult''; - - (BB) by striking - ``, paralympic sports - organization,''; and - - (CC) by striking - ``, paralympic sports - organizations,''. - - (B) The table of sections for chapter 2205 of title - 36, United States Code, is amended by striking the item - relating to section 220521 and inserting the following: - -``220521. Certification of national governing bodies.''. + ``(1) shall review all matters related to the continued + certification of an organization as a national governing body; + ``(2) may take action the corporation considers appropriate, + including placing conditions on the continued certification of an + organization as a national governing body; + ``(3) shall submit to Congress a summary report of each review + under paragraph (1); and + ``(4) shall make each such summary report available to the + public.''. + (2) Technical and conforming amendments.-- + (A) Chapter 2205 of title 36, United States Code, is + amended-- + (i) in section 220504(b), by amending paragraph (1) to + read as follows: + ``(1) national governing bodies, including through provisions + that establish and maintain a National Governing Bodies' Council + that is composed of representatives of the national governing + bodies who are selected by their boards of directors or other + governing boards to ensure effective communication between the + corporation and the national governing bodies;''; + (ii) in section 220512, by striking ``or paralympic + sports organization''; + (iii) in section 220522-- + + (I) by striking subsection (b); and + (II) in subsection (a)-- + + (aa) by striking ``recognized'' each place it + appears and inserting ``certified''; + (bb) by striking ``recognition'' each place it + appears and inserting ``certification''; + (cc) in paragraph (6), by striking ``the + Olympic Games or the Pan-American Games'' and + inserting ``the Olympic Games, the Paralympic + Games, the Pan-American Games, or the Parapan + American Games''; + (dd) in paragraph (11)-- + (AA) in the matter preceding subparagraph + (A), by inserting ``, high-performance + management organization, or paralympic sports + organization'' after ``amateur sports + organization''; and + (BB) in subparagraph (B), by striking + ``amateur sports'' and inserting + ``applicable''; + (ee) in paragraph (14), by striking ``or the + Pan-American Games'' and inserting ``the Pan- + American Games, or the Parapan American Games''; + and + (ff) by striking the subsection designation and + heading and all that follows through ``An amateur + sports organization'' and inserting ``An amateur + sports organization, a high-performance management + organization, or a paralympic sports + organization''; + (iv) in section 220524, by striking ``amateur sports'' + each place it appears; + (v) in section 220528-- + + (I) by striking ``recognition'' each place it + appears and inserting ``certification''; + (II) by striking ``recognize'' each place it + appears and inserting ``certify''; and + (III) in subsection (g), in the subsection heading, + by striking ``Recognition'' and inserting + ``Certification''; + + (vi) in section 220531-- + + (I) by striking ``, each national governing body, + and each paralympic sports organization'' each place it + appears and inserting ``and each national governing + body''; and + (II) in subsection (c)(2), by striking ``each + paralympic sports organization,''; + + (vii) in section 220541(d)(3), by striking subparagraph + (C); + (viii) in section 220542-- + + (I) by striking ``or paralympic sports + organization'' each place it appears; and + (II) in subsection (a)(2)-- + + (aa) in subparagraph (A), in the matter + preceding clause (i), by striking ``, a paralympic + sports organization,''; + (bb) in subparagraph (E), by striking ``or a + paralympic sports organization of each national + governing body and paralympic sports + organization''; and + (cc) in subparagraph (F)(i)-- + (AA) by striking ``, or an adult'' and + inserting ``or an adult''; + (BB) by striking ``, paralympic sports + organization,''; and + (CC) by striking ``, paralympic sports + organizations,''. + (B) The table of sections for chapter 2205 of title 36, + United States Code, is amended by striking the item relating to + section 220521 and inserting the following: + + ``220521. Certification of national governing bodies.''. + (b) Eligibility Requirements With Respect to Governing Boards.-- Section 220522 of title 36, United States Code, as amended by subsection (a)(2), is further amended-- - (1) in paragraph (2), by inserting ``, including the - ability to provide and enforce required athlete protection - policies and procedures'' before the semicolon; - (2) in paragraph (4)(B)-- - (A) by striking ``conducted in accordance with the - Commercial Rules of the American Arbitration - Association'' and inserting ``which arbitration under - this paragraph shall be conducted in accordance with - the standard commercial arbitration rules of an - established major national provider of arbitration and - mediation services based in the United States and - designated by the corporation with the concurrence of - the Athletes' Advisory Council and the National - Governing Bodies' Council''; and - (B) by striking ``Commercial Rules of Arbitration'' - and inserting ``standard commercial rules of - arbitration of such designated provider''; - (3) in paragraph (5), in the matter preceding subparagraph - (A), by inserting ``except with respect to the oversight of the - organization,'' after ``sport,''; - (4) by redesignating paragraphs (10) through (15) as - paragraphs (11) through (16), respectively; - (5) by inserting after paragraph (9) the following: - ``(10) ensures that the selection criteria for individuals - and teams that represent the United States are-- - ``(A) fair, as determined by the corporation in - consultation with the national governing bodies, the - Athletes' Advisory Council, and the United States - Olympians and Paralympians Association; - ``(B) clearly articulated in writing and properly - communicated to athletes in a timely manner; and - ``(C) consistently applied, using objective and - subjective criteria appropriate to the applicable - sport;''; - (6) by striking paragraph (13), as so redesignated, and - inserting the following: - ``(13) demonstrates, based on guidelines approved by the - corporation, the Athletes' Advisory Council, and the National - Governing Bodies' Council, that-- - ``(A) its board of directors and other such - governing boards have established criteria and election - procedures for, and maintain among their voting - members, individuals who-- - ``(i) are elected by amateur athletes; and - ``(ii) are actively engaged in amateur - athletic competition, or have represented the - United States in international amateur athletic - competition, in the sport for which - certification is sought; - ``(B) any exception to such guidelines by such - organization has been approved by-- - ``(i) the corporation; and - ``(ii) the Athletes' Advisory Council; and - ``(C) the voting power held by such individuals is - not less than \1/3\ of the voting power held by its - board of directors and other such governing boards;''; - (7) in paragraph (15), as so redesignated, by striking ``; - and'' and inserting a semicolon; - (8) in paragraph (16), as so redesignated, by striking the - period at the end and inserting a semicolon; and - (9) by adding at the end the following: - ``(17) commits to submitting annual reports to the - corporation that include, for each calendar year-- - ``(A) a description of the manner in which the - organization-- - ``(i) carries out the mission to promote a - safe environment in sports that is free from - abuse of amateur athletes (including emotional, - physical, and sexual abuse); and - ``(ii) addresses any sanctions or temporary - measures required by the Center; - ``(B) a description of any cause of action or - complaint filed against the organization that was - pending or settled during the preceding calendar year; - and - ``(C) a detailed statement of-- - ``(i) the income and expenses of the - organization; and - ``(ii) the amounts expended on stipends, - bonuses, and services for amateur athletes, - organized by the level and gender of the - amateur athletes; - ``(18) commits to meeting any minimum standard or - requirement set forth by the corporation; and - ``(19) provides protection from retaliation to protected - individuals.''. + (1) in paragraph (2), by inserting ``, including the ability to + provide and enforce required athlete protection policies and + procedures'' before the semicolon; + (2) in paragraph (4)(B)-- + (A) by striking ``conducted in accordance with the + Commercial Rules of the American Arbitration Association'' and + inserting ``which arbitration under this paragraph shall be + conducted in accordance with the standard commercial + arbitration rules of an established major national provider of + arbitration and mediation services based in the United States + and designated by the corporation with the concurrence of the + Athletes' Advisory Council and the National Governing Bodies' + Council''; and + (B) by striking ``Commercial Rules of Arbitration'' and + inserting ``standard commercial rules of arbitration of such + designated provider''; + (3) in paragraph (5), in the matter preceding subparagraph (A), + by inserting ``except with respect to the oversight of the + organization,'' after ``sport,''; + (4) by redesignating paragraphs (10) through (15) as paragraphs + (11) through (16), respectively; + (5) by inserting after paragraph (9) the following: + ``(10) ensures that the selection criteria for individuals and + teams that represent the United States are-- + ``(A) fair, as determined by the corporation in + consultation with the national governing bodies, the Athletes' + Advisory Council, and the United States Olympians and + Paralympians Association; + ``(B) clearly articulated in writing and properly + communicated to athletes in a timely manner; and + ``(C) consistently applied, using objective and subjective + criteria appropriate to the applicable sport;''; + (6) by striking paragraph (13), as so redesignated, and + inserting the following: + ``(13) demonstrates, based on guidelines approved by the + corporation, the Athletes' Advisory Council, and the National + Governing Bodies' Council, that-- + ``(A) its board of directors and other such governing + boards have established criteria and election procedures for, + and maintain among their voting members, individuals who-- + ``(i) are elected by amateur athletes; and + ``(ii) are actively engaged in amateur athletic + competition, or have represented the United States in + international amateur athletic competition, in the sport + for which certification is sought; + ``(B) any exception to such guidelines by such organization + has been approved by-- + ``(i) the corporation; and + ``(ii) the Athletes' Advisory Council; and + ``(C) the voting power held by such individuals is not less + than \1/3\ of the voting power held by its board of directors + and other such governing boards;''; + (7) in paragraph (15), as so redesignated, by striking ``; + and'' and inserting a semicolon; + (8) in paragraph (16), as so redesignated, by striking the + period at the end and inserting a semicolon; and + (9) by adding at the end the following: + ``(17) commits to submitting annual reports to the corporation + that include, for each calendar year-- + ``(A) a description of the manner in which the + organization-- + ``(i) carries out the mission to promote a safe + environment in sports that is free from abuse of amateur + athletes (including emotional, physical, and sexual abuse); + and + ``(ii) addresses any sanctions or temporary measures + required by the Center; + ``(B) a description of any cause of action or complaint + filed against the organization that was pending or settled + during the preceding calendar year; and + ``(C) a detailed statement of-- + ``(i) the income and expenses of the organization; and + ``(ii) the amounts expended on stipends, bonuses, and + services for amateur athletes, organized by the level and + gender of the amateur athletes; + ``(18) commits to meeting any minimum standard or requirement + set forth by the corporation; and + ``(19) provides protection from retaliation to protected + individuals.''. (c) General Duties of National Governing Bodies.--Section 220524 of title 36, United States Code, is amended-- - (1) in the matter preceding paragraph (1), by striking - ``For the sport'' and inserting the following: + (1) in the matter preceding paragraph (1), by striking ``For + the sport'' and inserting the following: ``(a) In General.--For the sport''; - (2) in subsection (a), as so designated-- - (A) in paragraph (8), by striking ``; and'' and - inserting a semicolon; - (B) in paragraph (9), by striking the period at the - end and inserting a semicolon; and - (C) by adding at the end the following: - ``(10) develop 1 or more policies that prohibit any - individual who is an employee, contractor, or agent of the - national governing body from assisting a member or former - member in obtaining a new job (except for the routine - transmission of administrative and personnel files) if the - individual knows that such member or former member violated the - policies or procedures of the Center related to sexual - misconduct or was convicted of a crime involving sexual - misconduct with a minor in violation of applicable law or the - policies or procedures of the Center; - ``(11) promote a safe environment in sports that is free - from abuse of any amateur athlete, including emotional, - physical, and sexual abuse; - ``(12) take care to promote a safe environment in sports - using information relating to any temporary measure or sanction - issued pursuant to the authority of the Center; - ``(13) immediately report to law enforcement any allegation - of child abuse of an amateur athlete who is a minor; and - ``(14) have in place policies and procedures to report - immediately any allegation of child abuse of an amateur - athlete, consistent with-- - ``(A) the policies and procedures developed under - subparagraph (C) of section 220541(a)(1); and - ``(B) the requirement described in paragraph (2)(A) - of section 220542(a).''; and - (3) by adding at the end the following: + (2) in subsection (a), as so designated-- + (A) in paragraph (8), by striking ``; and'' and inserting a + semicolon; + (B) in paragraph (9), by striking the period at the end and + inserting a semicolon; and + (C) by adding at the end the following: + ``(10) develop 1 or more policies that prohibit any individual + who is an employee, contractor, or agent of the national governing + body from assisting a member or former member in obtaining a new + job (except for the routine transmission of administrative and + personnel files) if the individual knows that such member or former + member violated the policies or procedures of the Center related to + sexual misconduct or was convicted of a crime involving sexual + misconduct with a minor in violation of applicable law or the + policies or procedures of the Center; + ``(11) promote a safe environment in sports that is free from + abuse of any amateur athlete, including emotional, physical, and + sexual abuse; + ``(12) take care to promote a safe environment in sports using + information relating to any temporary measure or sanction issued + pursuant to the authority of the Center; + ``(13) immediately report to law enforcement any allegation of + child abuse of an amateur athlete who is a minor; and + ``(14) have in place policies and procedures to report + immediately any allegation of child abuse of an amateur athlete, + consistent with-- + ``(A) the policies and procedures developed under + subparagraph (C) of section 220541(a)(1); and + ``(B) the requirement described in paragraph (2)(A) of + section 220542(a).''; and + (3) by adding at the end the following: ``(b) Rule of Construction.--Nothing in this section shall be construed to preempt or otherwise abrogate the duty of care of a national governing body under State law or the common law.''. (d) Elimination of Exhaustion of Remedies Requirement.--Section 220527 of title 36, United States Code, is amended-- - (1) by striking subsection (b); - (2) in subsection (c), by striking ``If the corporation'' - and all that follows through ``subsection (b)(1) of this - section, it'' and inserting ``The corporation''; and - (3) by redesignating subsections (c) and (d) as subsections - (b) and (c), respectively. + (1) by striking subsection (b); + (2) in subsection (c), by striking ``If the corporation'' and + all that follows through ``subsection (b)(1) of this section, it'' + and inserting ``The corporation''; and + (3) by redesignating subsections (c) and (d) as subsections (b) + and (c), respectively. (e) Arbitration of Corporation Determinations.--Section 220529(a) of title 36, United States Code, is amended by striking ``any regional office of the American Arbitration Association'' and inserting ``the @@ -1063,688 +964,619 @@ section 220522(a)(4)''. (f) Ensure Limitations on Communications Are Included in Limitations on Interactions.--Section 220530(a) of title 36, United States Code, is amended-- - (1) in paragraph (2), by inserting ``, including - communications,'' after ``interactions''; and - (2) in paragraph (4), by striking ``makes'' and all that - follows through the period at the end and inserting the - following: ``makes-- - ``(A) a report under paragraph (1); or - ``(B) any other report relating to abuse of any - amateur athlete, including emotional, physical, and - sexual abuse.''. - + (1) in paragraph (2), by inserting ``, including + communications,'' after ``interactions''; and + (2) in paragraph (4), by striking ``makes'' and all that + follows through the period at the end and inserting the following: + ``makes-- + ``(A) a report under paragraph (1); or + ``(B) any other report relating to abuse of any amateur + athlete, including emotional, physical, and sexual abuse.''. SEC. 8. MODIFICATIONS TO UNITED STATES CENTER FOR SAFESPORT. - (a) Designation of United States Center for SafeSport.-- - (1) In general.--Section 220541 of title 36, United States - Code, is amended-- - (A) in the section heading by striking ``safe - sport'' and inserting ``safesport''; - (B) by amending subsection (a) to read as follows: + (1) In general.--Section 220541 of title 36, United States + Code, is amended-- + (A) in the section heading by striking ``safe sport'' and + inserting ``safesport''; + (B) by amending subsection (a) to read as follows: ``(a) Duties of Center.-- - ``(1) In general.--The United States Center for SafeSport + ``(1) In general.--The United States Center for SafeSport + shall-- + ``(A) serve as the independent national safe sport + organization and be recognized worldwide as the independent + national safe sport organization for the United States; + ``(B) exercise jurisdiction over the corporation and each + national governing body with regard to safeguarding amateur + athletes against abuse, including emotional, physical, and + sexual abuse, in sports; + ``(C) maintain an office for education and outreach that + shall develop training, oversight practices, policies, and + procedures to prevent the abuse, including emotional, physical, + and sexual abuse, of amateur athletes participating in amateur + athletic activities through national governing bodies; + ``(D) maintain an office for response and resolution that + shall establish mechanisms that allow for the reporting, + investigation, and resolution, pursuant to subsection (c), of + alleged sexual abuse in violation of the Center's policies and + procedures; + ``(E) ensure that the mechanisms under subparagraph (D) + provide fair notice and an opportunity to be heard and protect + the privacy and safety of complainants; + ``(F) maintain an office for compliance and audit that shall-- - ``(A) serve as the independent national safe sport - organization and be recognized worldwide as the - independent national safe sport organization for the - United States; - ``(B) exercise jurisdiction over the corporation - and each national governing body with regard to - safeguarding amateur athletes against abuse, including - emotional, physical, and sexual abuse, in sports; - ``(C) maintain an office for education and outreach - that shall develop training, oversight practices, - policies, and procedures to prevent the abuse, - including emotional, physical, and sexual abuse, of - amateur athletes participating in amateur athletic - activities through national governing bodies; - ``(D) maintain an office for response and - resolution that shall establish mechanisms that allow - for the reporting, investigation, and resolution, - pursuant to subsection (c), of alleged sexual abuse in - violation of the Center's policies and procedures; - ``(E) ensure that the mechanisms under subparagraph - (D) provide fair notice and an opportunity to be heard - and protect the privacy and safety of complainants; - ``(F) maintain an office for compliance and audit - that shall-- - ``(i) ensure that the national governing - bodies and the corporation implement and follow - the policies and procedures developed by the - Center to prevent and promptly report instances - of abuse of amateur athletes, including - emotional, physical, and sexual abuse; and - ``(ii) establish mechanisms that allow for - the reporting and investigation of alleged - violations of such policies and procedures; - ``(G) publish and maintain a publicly accessible - internet website that contains a comprehensive list of - adults who are barred by the Center; and - ``(H) ensure that any action taken by the Center - against an individual under the jurisdiction of the - Center, including an investigation, the imposition of - sanctions, and any other disciplinary action, is - carried out in a manner than provides procedural due - process to the individual, including, at a minimum-- - ``(i) the provision of written notice of - the allegations against the individual; - ``(ii) a right to be represented by counsel - or other advisor; - ``(iii) an opportunity to be heard during - the investigation; - ``(iv) in a case in which a violation is - found, a reasoned written decision by the - Center; and - ``(v) the ability to challenge, in a - hearing or through arbitration, interim - measures or sanctions imposed by the Center. - ``(2) Rules of construction.--Nothing in this subsection - shall be construed-- - ``(A) to preclude the Center from imposing interim - measures or sanctions on an individual before an - opportunity for a hearing or arbitration; - ``(B) to require the Center to meet a burden of - proof higher than the preponderance of the evidence; - ``(C) to give rise to a claim under State law or to - create a private right of action; or - ``(D) to render the Center a state actor.''; - (C) in subsection (b), by striking ``subsection - (a)(3)'' and inserting ``subsection (a)(1)(C)''; - (D) in subsection (d), as amended by section - 7(a)(2)-- - (i) in paragraph (3), by inserting after - subparagraph (B) the following: - ``(C) the corporation;''; - (ii) by redesignating paragraph (3) as - paragraph (4); and - (iii) by inserting after paragraph (2) the - following: - ``(3) Removal to federal court.-- - ``(A) In general.--Any civil action brought in a - State court against the Center relating to the - responsibilities of the Center under this section, - section 220542, or section 220543, shall be removed, on - request by the Center, to the district court of the - United States in the district in which the action was - brought, and such district court shall have original - jurisdiction over the action without regard to the - amount in controversy or the citizenship of the parties - involved. - ``(B) Rule of construction.--Nothing in this - chapter shall be construed to create a private right of - action.''; and - (E) by adding at the end the following: + ``(i) ensure that the national governing bodies and the + corporation implement and follow the policies and + procedures developed by the Center to prevent and promptly + report instances of abuse of amateur athletes, including + emotional, physical, and sexual abuse; and + ``(ii) establish mechanisms that allow for the + reporting and investigation of alleged violations of such + policies and procedures; + ``(G) publish and maintain a publicly accessible internet + website that contains a comprehensive list of adults who are + barred by the Center; and + ``(H) ensure that any action taken by the Center against an + individual under the jurisdiction of the Center, including an + investigation, the imposition of sanctions, and any other + disciplinary action, is carried out in a manner that provides + procedural due process to the individual, including, at a + minimum-- + ``(i) the provision of written notice of the + allegations against the individual; + ``(ii) a right to be represented by counsel or other + advisor; + ``(iii) an opportunity to be heard during the + investigation; + ``(iv) in a case in which a violation is found, a + reasoned written decision by the Center; and + ``(v) the ability to challenge, in a hearing or through + arbitration, interim measures or sanctions imposed by the + Center. + ``(2) Rules of construction.--Nothing in this subsection shall + be construed-- + ``(A) to preclude the Center from imposing interim measures + or sanctions on an individual before an opportunity for a + hearing or arbitration; + ``(B) to require the Center to meet a burden of proof + higher than the preponderance of the evidence; + ``(C) to give rise to a claim under State law or to create + a private right of action; or + ``(D) to render the Center a state actor.''; + (C) in subsection (b), by striking ``subsection (a)(3)'' + and inserting ``subsection (a)(1)(C)''; + (D) in subsection (d), as amended by section 7(a)(2)-- + (i) in paragraph (3), by inserting after subparagraph + (B) the following: + ``(C) the corporation;''; + (ii) by redesignating paragraph (3) as paragraph (4); + and + (iii) by inserting after paragraph (2) the following: + ``(3) Removal to federal court.-- + ``(A) In general.--Any civil action brought in a State + court against the Center relating to the responsibilities of + the Center under this section, section 220542, or section + 220543, shall be removed, on request by the Center, to the + district court of the United States in the district in which + the action was brought, and such district court shall have + original jurisdiction over the action without regard to the + amount in controversy or the citizenship of the parties + involved. + ``(B) Rule of construction.--Nothing in this chapter shall + be construed to create a private right of action.''; and + (E) by adding at the end the following: ``(e) Training Materials.--The office for education and outreach referred to in subsection (a)(1)(C) shall-- - ``(1) develop training materials for specific audiences, - including coaches, trainers, doctors, young children, - adolescents, adults, and individuals with disabilities; and - ``(2) not less frequently than every 3 years, update such - training materials. + ``(1) develop training materials for specific audiences, + including coaches, trainers, doctors, young children, adolescents, + adults, and individuals with disabilities; and + ``(2) not less frequently than every 3 years, update such + training materials. ``(f) Independence.-- - ``(1) Prohibition with respect to former employees and - board members.--A former employee or board member of the - corporation or a national governing body shall not work or - volunteer at the Center during the 2-year period beginning on - the date on which the former employee or board member ceases - employment with the corporation or national governing body. - ``(2) Athletes serving on board of directors of national - governing body.-- - ``(A) In general.--An athlete serving on the board - of directors of a national governing body who is not - otherwise employed by the national governing body, may - volunteer at, or serve in an advisory capacity to, the - Center. - ``(B) Ineligibility for employment.--An athlete who - has served on the board of directors of a national - governing body shall not be eligible for employment at - the Center during the 2-year period beginning on the - date on which the athlete ceases to serve on such board - of directors. - ``(3) Conflicts of interest.--An executive or attorney for - the Center shall be considered to have an inappropriate - conflict of interest if the executive or attorney also - represents the corporation or a national governing body. - ``(4) Investigations.-- - ``(A) In general.--The corporation and the national - governing bodies shall not interfere in, or attempt to - influence the outcome of, an investigation. - ``(B) Report.--In the case of an attempt to - interfere in, or influence the outcome of, an - investigation, not later than 72 hours after such - attempt, the Center shall submit to the Committee on - Commerce, Science, and Transportation of the Senate and - the Committee on Energy and Commerce of the House of - Representatives a report describing the attempt. - ``(C) Work product.-- - ``(i) In general.--Any decision, report, - memorandum, work product, notes, or case file - of the Center-- - ``(I) shall be confidential; and - ``(II) shall not be subject to - discovery, subpoena, or any other means - of legal compulsion in any civil action - in which the Center is not a party to - the action. - ``(ii) Rule of construction.--Nothing in - this subparagraph shall be construed to - prohibit the Center from providing work product - described in clause (i) to a law enforcement - agency for the purpose of assisting in a - criminal investigation. + ``(1) Prohibition with respect to former employees and board + members.--A former employee or board member of the corporation or a + national governing body shall not work or volunteer at the Center + during the 2-year period beginning on the date on which the former + employee or board member ceases employment with the corporation or + national governing body. + ``(2) Athletes serving on board of directors of national + governing body.-- + ``(A) In general.--An athlete serving on the board of + directors of a national governing body who is not otherwise + employed by the national governing body, may volunteer at, or + serve in an advisory capacity to, the Center. + ``(B) Ineligibility for employment.--An athlete who has + served on the board of directors of a national governing body + shall not be eligible for employment at the Center during the + 2-year period beginning on the date on which the athlete ceases + to serve on such board of directors. + ``(3) Conflicts of interest.--An executive or attorney for the + Center shall be considered to have an inappropriate conflict of + interest if the executive or attorney also represents the + corporation or a national governing body. + ``(4) Investigations.-- + ``(A) In general.--The corporation and the national + governing bodies shall not interfere in, or attempt to + influence the outcome of, an investigation. + ``(B) Report.--In the case of an attempt to interfere in, + or influence the outcome of, an investigation, not later than + 72 hours after such attempt, the Center shall submit to the + Committee on Commerce, Science, and Transportation of the + Senate and the Committee on Energy and Commerce and the + Committee on the Judiciary of the House of Representatives a + report describing the attempt. + ``(C) Work product.-- + ``(i) In general.--Any decision, report, memorandum, + work product, notes, or case file of the Center-- + + ``(I) shall be confidential; and + ``(II) shall not be subject to discovery, subpoena, + or any other means of legal compulsion in any civil + action in which the Center is not a party to the + action. + + ``(ii) Rule of construction.--Nothing in this + subparagraph shall be construed to prohibit the Center from + providing work product described in clause (i) to a law + enforcement agency for the purpose of assisting in a + criminal investigation. ``(g) Funding.-- - ``(1) Mandatory payments.-- - ``(A) Fiscal year 2020.--Not later than 30 days - after the date of the enactment of this subsection, the - corporation shall make a mandatory payment of - $20,000,000 to the Center for operating costs of the - Center for fiscal year 2020. - ``(B) Subsequent fiscal years.--Beginning on - January 1, 2020, the corporation shall make a mandatory - payment of $20,000,000 to the Center on January 1 each - year for operating costs of the Center. - ``(2) Funds from national governing bodies.--The - corporation may use funds received from 1 or more national - governing bodies to make a mandatory payment required by - paragraph (1). - ``(3) Failure to comply.-- - ``(A) In general.--The Center may file a lawsuit to - compel payment under paragraph (1). - ``(B) Penalty.--For each day of late or incomplete - payment of a mandatory payment under paragraph (1) - after January 1 of the applicable year, the Center - shall be allowed to recover from the corporation an - additional $20,000. - ``(4) Accountability.-- - ``(A) In general.--Amounts transferred to the - Center by the corporation or a national governing body - shall be used, in accordance with section 220503(15), - primarily for the purpose of carrying out the duties - and requirements under sections 220541 through 220543 - with respect to the investigation and resolution of - allegations of sexual misconduct, or other misconduct, - made by amateur athletes. - ``(B) Use of funds.-- - ``(i) In general.--Of the amounts made - available to the Center by the corporation or a - national governing body in a fiscal year for - the purpose described in section 220503(15)-- - ``(I) not less than 50 percent - shall be used for processing the - investigation and resolution of - allegations described in subparagraph - (A); and - ``(II) not more than 10 percent may - be used for executive compensation of - officers and directors of the Center. - ``(ii) Reserve funds.-- - ``(I) In general.--If, after the - Center uses the amounts as allocated - under clause (i), the Center does not - use the entirety of the remaining - amounts for the purpose described in - subparagraph (A), the Center may retain - not more than 25 percent of such - amounts as reserve funds. - ``(II) Return of funds.--The Center - shall return to the corporation and - national governing bodies any amounts, - proportional to the contributions of - the corporation and national governing - bodies, that remain after the retention - described in subclause (I). - ``(iii) Lobbying and fundraising.--Amounts - made available to the Center under this - paragraph may not be used for lobbying or - fundraising expenses. + ``(1) Mandatory payments.-- + ``(A) Fiscal year 2021.--On January 4, 2021, the + corporation shall make a mandatory payment of $20,000,000 to + the Center for operating costs of the Center for fiscal year + 2021. + ``(B) Subsequent fiscal years.--For fiscal year 2022 and + each fiscal year thereafter, the corporation shall make a + mandatory payment of $20,000,000 to the Center not later than + the close of business on the first regular business day in + January. + ``(2) Funds from national governing bodies.--The corporation + may use funds received from 1 or more national governing bodies to + make a mandatory payment required by paragraph (1). + ``(3) Failure to comply.-- + ``(A) In general.--The Center may file a lawsuit to compel + payment under paragraph (1). + ``(B) Penalty.--For each day of late or incomplete payment + of a mandatory payment under paragraph (1) after January 1 of + the applicable year, the Center shall be allowed to recover + from the corporation an additional $20,000. + ``(4) Accountability.-- + ``(A) In general.--Amounts transferred to the Center by the + corporation or a national governing body shall be used, in + accordance with section 220503(15), primarily for the purpose + of carrying out the duties and requirements under sections + 220541 through 220543 with respect to the investigation and + resolution of allegations of sexual misconduct, or other + misconduct, made by amateur athletes. + ``(B) Use of funds.-- + ``(i) In general.--Of the amounts made available to the + Center by the corporation or a national governing body in a + fiscal year for the purpose described in section + 220503(15)-- + + ``(I) not less than 50 percent shall be used for + processing the investigation and resolution of + allegations described in subparagraph (A); and + ``(II) not more than 10 percent may be used for + executive compensation of officers and directors of the + Center. + + ``(ii) Reserve funds.-- + + ``(I) In general.--If, after the Center uses the + amounts as allocated under clause (i), the Center does + not use the entirety of the remaining amounts for the + purpose described in subparagraph (A), the Center may + retain not more than 25 percent of such amounts as + reserve funds. + ``(II) Return of funds.--The Center shall return to + the corporation and national governing bodies any + amounts, proportional to the contributions of the + corporation and national governing bodies, that remain + after the retention described in subclause (I). + + ``(iii) Lobbying and fundraising.--Amounts made + available to the Center under this paragraph may not be + used for lobbying or fundraising expenses. ``(h) Compliance Audits.-- - ``(1) In general.--Not less frequently than annually, the - Center shall carry out an audit of the corporation and each - national governing body-- - ``(A) to assess compliance with policies and - procedures developed under this subchapter; and - ``(B) to ensure that consistent training relating - to the prevention of child abuse is provided to all - staff of the corporation and national governing bodies - who are in regular contact with amateur athletes and - members who are minors subject to parental consent. - ``(2) Corrective measures.-- - ``(A) In general.--The Center may impose on the - corporation or a national governing body a corrective - measure to achieve compliance with the policies and - procedures developed under this subchapter or the - training requirement described in paragraph (1)(B). - ``(B) Inclusions.--A corrective measure imposed - under subparagraph (A) may include the implementation - of an athlete safety program or specific policies, - additional compliance audits or training, and the - imposition of a probationary period. - ``(C) Enforcement.-- - ``(i) In general.--On request by the - Center, the corporation shall-- - ``(I) enforce any corrective - measure required under subparagraph - (A); and - ``(II) report the status of - enforcement with respect to a national - governing body within a reasonable - timeframe. - ``(ii) Methods.--The corporation may - enforce a corrective measure through any means - available to the corporation, including by - withholding funds from a national governing - body, limiting the participation of the - national governing body in corporation events, - and decertifying a national governing body. - ``(iii) Effect of noncompliance.--If the - corporation fails to enforce a corrective - measure within 72 hours of a request under - clause (i), the Center may submit to the - Committee on Commerce, Science, and - Transportation of the Senate and the Committee - on Energy and Commerce of the House of - Representatives a report describing the - noncompliance. - ``(3) Annual report.-- - ``(A) In general.--Not less frequently than - annually, the Center shall submit to Congress a report - on the findings of the audit under paragraph (1) for - the preceding year and the status of any corrective - measures imposed as a result of the audit. - ``(B) Public availability.-- - ``(i) In general.--Each report under - subparagraph (A) shall be made available to the - public. - ``(ii) Personally identifiable - information.--A report made available to the - public shall not include the personally - identifiable information of any individual. + ``(1) In general.--Not less frequently than annually, the + Center shall carry out an audit of the corporation and each + national governing body-- + ``(A) to assess compliance with policies and procedures + developed under this subchapter; and + ``(B) to ensure that consistent training relating to the + prevention of child abuse is provided to all staff of the + corporation and national governing bodies who are in regular + contact with amateur athletes and members who are minors + subject to parental consent. + ``(2) Corrective measures.-- + ``(A) In general.--The Center may impose on the corporation + or a national governing body a corrective measure to achieve + compliance with the policies and procedures developed under + this subchapter or the training requirement described in + paragraph (1)(B). + ``(B) Inclusions.--A corrective measure imposed under + subparagraph (A) may include the implementation of an athlete + safety program or specific policies, additional compliance + audits or training, and the imposition of a probationary + period. + ``(C) Enforcement.-- + ``(i) In general.--On request by the Center, the + corporation shall-- + + ``(I) enforce any corrective measure required under + subparagraph (A); and + ``(II) report the status of enforcement with + respect to a national governing body within a + reasonable timeframe. + + ``(ii) Methods.--The corporation may enforce a + corrective measure through any means available to the + corporation, including by withholding funds from a national + governing body, limiting the participation of the national + governing body in corporation events, and decertifying a + national governing body. + ``(iii) Effect of noncompliance.--If the corporation + fails to enforce a corrective measure within 72 hours of a + request under clause (i), the Center may submit to the + Committee on Commerce, Science, and Transportation of the + Senate and the Committee on Energy and Commerce and the + Committee on the Judiciary of the House of Representatives + a report describing the noncompliance. + ``(3) Annual report.-- + ``(A) In general.--Not less frequently than annually, the + Center shall submit to Congress a report on the findings of the + audit under paragraph (1) for the preceding year and the status + of any corrective measures imposed as a result of the audit. + ``(B) Public availability.-- + ``(i) In general.--Each report under subparagraph (A) + shall be made available to the public. + ``(ii) Personally identifiable information.--A report + made available to the public shall not include the + personally identifiable information of any individual. ``(i) Reports to Corporation.--Not later than 30 days after the end of each calendar quarter that begins after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, the Center shall submit to the corporation a statement of the following: - ``(1) The number and nature of misconduct complaints - referred to the Center, by sport. - ``(2) The number and type of pending misconduct complaints - under investigation by the Center. - ``(3) The number of misconduct complaints for which an - investigation was terminated or otherwise closed by the Center. - ``(4) The number of such misconduct complaints reported to - law enforcement agencies by the Center for further - investigation. - ``(5) The number of discretionary cases accepted or - declined by the Center, by sport. - ``(6) The average time required for resolution of such - cases and misconduct complaints. - ``(7) Information relating to the educational activities - and trainings conducted by the office of education and outreach - of the Center during the preceding quarter, including the - number of educational activities and trainings developed and - provided. + ``(1) The number and nature of misconduct complaints referred + to the Center, by sport. + ``(2) The number and type of pending misconduct complaints + under investigation by the Center. + ``(3) The number of misconduct complaints for which an + investigation was terminated or otherwise closed by the Center. + ``(4) The number of such misconduct complaints reported to law + enforcement agencies by the Center for further investigation. + ``(5) The number of discretionary cases accepted or declined by + the Center, by sport. + ``(6) The average time required for resolution of such cases + and misconduct complaints. + ``(7) Information relating to the educational activities and + trainings conducted by the office of education and outreach of the + Center during the preceding quarter, including the number of + educational activities and trainings developed and provided. ``(j) Certifications of Independence.-- - ``(1) In general.--Not later than 180 days after the end of - a fiscal year, the Comptroller General of the United States - shall make available to the public a certification relating to - the Center's independence from the corporation. - ``(2) Elements.--A certification required by paragraph (1) - shall include the following: - ``(A) A finding of whether a violation of a - prohibition on employment of former employees or board - members of the corporation under subsection (f) has - occurred during the year preceding the certification. - ``(B) A finding of whether an executive or attorney - for the Center has had an inappropriate conflict of - interest during that year. - ``(C) A finding of whether the corporation has - interfered in, or attempted to influence the outcome - of, an investigation by the Center. - ``(D) Any recommendations of the Comptroller - General for resolving any potential risks to the - Center's independence from the corporation. - ``(3) Authority of comptroller general.-- - ``(A) In general.--The Comptroller General may take - such reasonable steps as, in the view of the - Comptroller General, are necessary to be fully informed - about the operations of the corporation and the Center. - ``(B) Specific authorities.--The Comptroller - General shall have-- - ``(i) access to, and the right to make - copies of, any and all nonprivileged books, - records, accounts, correspondence, files, or - other documents or electronic records, - including emails, of officers, agents, and - employees of the Center or the corporation; and - ``(ii) the right to interview any officer, - employee, agent, or consultant of the Center or - the corporation. - ``(C) Treatment of privileged information.--If, - under this subsection, the Comptroller General seeks - access to information contained within privileged - documents or materials in the possession of the Center - or the corporation, the Center or the corporation, as - the case may be, shall, to the maximum extent - practicable, provide the Comptroller General with the - information without compromising the applicable - privilege.''. - (2) Technical and conforming amendments.-- - (A) Subchapter IV of chapter 2205 of title 36, - United States Code, as redesignated by section 5(a)(1), - is amended in the subchapter heading by striking ``SAFE - SPORT'' and inserting ``SAFESPORT''. - (B) The table of sections for chapter 2205 of title - 36, United States Code, is amended by striking the item - relating to section 220541 and inserting the following: + ``(1) In general.--Not later than 180 days after the end of a + fiscal year, the Comptroller General of the United States shall + make available to the public a certification relating to the + Center's independence from the corporation. + ``(2) Elements.--A certification required by paragraph (1) + shall include the following: + ``(A) A finding of whether a violation of a prohibition on + employment of former employees or board members of the + corporation under subsection (f) has occurred during the year + preceding the certification. + ``(B) A finding of whether an executive or attorney for the + Center has had an inappropriate conflict of interest during + that year. + ``(C) A finding of whether the corporation has interfered + in, or attempted to influence the outcome of, an investigation + by the Center. + ``(D) Any recommendations of the Comptroller General for + resolving any potential risks to the Center's independence from + the corporation. + ``(3) Authority of comptroller general.-- + ``(A) In general.--The Comptroller General may take such + reasonable steps as, in the view of the Comptroller General, + are necessary to be fully informed about the operations of the + corporation and the Center. + ``(B) Specific authorities.--The Comptroller General shall + have-- + ``(i) access to, and the right to make copies of, any + and all nonprivileged books, records, accounts, + correspondence, files, or other documents or electronic + records, including emails, of officers, agents, and + employees of the Center or the corporation; and + ``(ii) the right to interview any officer, employee, + agent, or consultant of the Center or the corporation. + ``(C) Treatment of privileged information.--If, under this + subsection, the Comptroller General seeks access to information + contained within privileged documents or materials in the + possession of the Center or the corporation, the Center or the + corporation, as the case may be, shall, to the maximum extent + practicable, provide the Comptroller General with the + information without compromising the applicable privilege.''. + (2) Technical and conforming amendments.-- + (A) Subchapter IV of chapter 2205 of title 36, United + States Code, as redesignated by section 5(a)(1), is amended in + the subchapter heading by striking ``SAFE SPORT'' and inserting + ``SAFESPORT''. + (B) The table of sections for chapter 2205 of title 36, + United States Code, is amended by striking the item relating to + section 220541 and inserting the following: ``220541. Designation of United States Center for SafeSport.''. + (b) Additional Duties of Center.--Section 220542 of title 36, United States Code, is amended-- - (1) in the section heading, by striking the period at the - end; and - (2) in subsection (a)-- - (A) in paragraph (1), by striking ``; and'' and - inserting a semicolon; and - (B) in paragraph (2)-- - (i) in subparagraph (A), by striking - clauses (i) and (ii) and inserting the - following: - ``(i) law enforcement consistent with - section 226 of the Victims of Child Abuse Act - of 1990 (34 U.S.C. 20341); and - ``(ii) the Center, whenever such members or - adults learn of facts leading them to suspect - reasonably that an amateur athlete who is a - minor has suffered an incident of child - abuse;''; - (ii) by redesignating subparagraphs (B) - through (F) as subparagraphs (E) through (I), - respectively; - (iii) by inserting after subparagraph (A) - the following: - ``(B) a requirement that the Center shall - immediately report to law enforcement consistent with - section 226 of the Victims of Child Abuse Act of 1990 - (34 U.S.C. 20341) any allegation of child abuse of an - amateur athlete who is a minor, including any report of - such abuse submitted to the Center by a minor or by any - person who is not otherwise required to report such - abuse; - ``(C) 1 or more policies that prohibit any - individual who is an employee, contractor, or agent of - the Center from assisting a member or former member in - obtaining a new job (except for the routine - transmission of administrative and personnel files) if - the individual knows that such member or former member - violated the policies or procedures of the Center - related to sexual misconduct or was convicted of a - crime involving sexual misconduct with a minor in - violation of applicable law; - ``(D) a requirement that the Center, including any - officer, agent, attorney, or staff member of the - Center, shall not take any action to notify an alleged - perpetrator of abuse of an amateur athlete of any - ongoing investigation or accusation unless-- - ``(i) the Center has reason to believe an - imminent hazard will result from failing to so - notify the alleged perpetrator; or - ``(ii) law enforcement-- - ``(I) authorizes the Center to take - such action; or - ``(II) declines or fails to act on, - or fails to respond to the Center with - respect to, the allegation within 72 - hours after the time at which the - Center reports to law enforcement under - subparagraph (B);''; - (iv) in subparagraph (F), as so - redesignated, by inserting ``, including - communications,'' after ``interactions''; - (v) by amending subparagraph (G), as so - redesignated, to read as follows: - ``(G) procedures to prohibit retaliation by the - corporation or any national governing body against any - individual who makes-- - ``(i) a report under subparagraph (A) or - (E); or - ``(ii) any other report relating to abuse - of any amateur athlete, including emotional, - physical, and sexual abuse;''; - (vi) in subparagraph (H), as so - redesignated, by striking ``; and'' and - inserting a semicolon; - (vii) in subparagraph (I), as so - redesignated, by striking the period at the end - of clause (ii) and inserting a semicolon; and - (viii) by adding at the end the following: - ``(J) a prohibition on the use in a decision of the - Center under section 220541(a)(1)(D) of any evidence - relating to other sexual behavior or the sexual - predisposition of the alleged victim, or the admission - of any such evidence in arbitration, unless the - probative value of the use or admission of such - evidence, as determined by the Center or the - arbitrator, as applicable, substantially outweighs the - danger of-- - ``(i) any harm to the alleged victim; and - ``(ii) unfair prejudice to any party; and - ``(K) training for investigators on appropriate - methods and techniques for ensuring sensitivity toward - alleged victims during interviews and other - investigative activities.''. + (1) in the section heading, by striking the period at the end; + and + (2) in subsection (a)-- + (A) in paragraph (1), by striking ``; and'' and inserting a + semicolon; and + (B) in paragraph (2)-- + (i) in subparagraph (A), by striking clauses (i) and + (ii) and inserting the following: + ``(i) law enforcement consistent with section 226 of + the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); + and + ``(ii) the Center, whenever such members or adults + learn of facts leading them to suspect reasonably that an + amateur athlete who is a minor has suffered an incident of + child abuse;''; + (ii) by redesignating subparagraphs (B) through (F) as + subparagraphs (E) through (I), respectively; + (iii) by inserting after subparagraph (A) the + following: + ``(B) a requirement that the Center shall immediately + report to law enforcement consistent with section 226 of the + Victims of Child Abuse Act of 1990 (34 U.S.C. 20341) any + allegation of child abuse of an amateur athlete who is a minor, + including any report of such abuse submitted to the Center by a + minor or by any person who is not otherwise required to report + such abuse; + ``(C) 1 or more policies that prohibit any individual who + is an employee, contractor, or agent of the Center from + assisting a member or former member in obtaining a new job + (except for the routine transmission of administrative and + personnel files) if the individual knows that such member or + former member violated the policies or procedures of the Center + related to sexual misconduct or was convicted of a crime + involving sexual misconduct with a minor in violation of + applicable law; + ``(D) a requirement that the Center, including any officer, + agent, attorney, or staff member of the Center, shall not take + any action to notify an alleged perpetrator of abuse of an + amateur athlete of any ongoing investigation or accusation + unless-- + ``(i) the Center has reason to believe an imminent + hazard will result from failing to so notify the alleged + perpetrator; or + ``(ii) law enforcement-- + + ``(I) authorizes the Center to take such action; or + ``(II) declines or fails to act on, or fails to + respond to the Center with respect to, the allegation + within 72 hours after the time at which the Center + reports to law enforcement under subparagraph (B);''; + + (iv) in subparagraph (F), as so redesignated, by + inserting ``, including communications,'' after + ``interactions''; + (v) by amending subparagraph (G), as so redesignated, + to read as follows: + ``(G) procedures to prohibit retaliation by the corporation + or any national governing body against any individual who + makes-- + ``(i) a report under subparagraph (A) or (E); or + ``(ii) any other report relating to abuse of any + amateur athlete, including emotional, physical, and sexual + abuse;''; + (vi) in subparagraph (H), as so redesignated, by + striking ``; and'' and inserting a semicolon; + (vii) in subparagraph (I), as so redesignated, by + striking the period at the end of clause (ii) and inserting + a semicolon; and + (viii) by adding at the end the following: + ``(J) a prohibition on the use in a decision of the Center + under section 220541(a)(1)(D) of any evidence relating to other + sexual behavior or the sexual predisposition of the alleged + victim, or the admission of any such evidence in arbitration, + unless the probative value of the use or admission of such + evidence, as determined by the Center or the arbitrator, as + applicable, substantially outweighs the danger of-- + ``(i) any harm to the alleged victim; and + ``(ii) unfair prejudice to any party; and + ``(K) training for investigators on appropriate methods and + techniques for ensuring sensitivity toward alleged victims + during interviews and other investigative activities.''. (c) Records, Audits, and Reports.--Section 220543 of title 36, United States Code, is amended-- - (1) by striking subsection (b) and inserting the following: + (1) by striking subsection (b) and inserting the following: ``(b) Audits and Transparency.-- - ``(1) Annual audit.-- - ``(A) In general.--Not less frequently than - annually, the financial statements of the Center for - the preceding fiscal year shall be audited by an - independent auditor in accordance with generally - accepted accounting principles-- - ``(i) to ensure the adequacy of the - internal controls of the Center; and - ``(ii) to prevent waste, fraud, or misuse - of funds transferred to the Center by the - corporation or the national governing bodies. - ``(B) Location.--An audit under subparagraph (A) - shall be conducted at the location at which the - financial statements of the Center normally are kept. - ``(C) Report.--Not later than 180 days after the - date on which an audit under subparagraph (A) is - completed, the independent auditor shall issue an audit - report. - ``(D) Corrective action plan.-- - ``(i) In general.--On completion of the - audit report under subparagraph (C) for a - fiscal year, the Center shall prepare, in a - separate document, a corrective action plan - that responds to any corrective action - recommended by the independent auditor. - ``(ii) Matters to be included.--A - corrective action plan under clause (i) shall - include the following for each such corrective - action: - ``(I) The name of the person - responsible for the corrective action. - ``(II) A description of the planned - corrective action. - ``(III) The anticipated completion - date of the corrective action. - ``(IV) In the case of a recommended - corrective action based on a finding in - the audit report with which the Center - disagrees, or for which the Center - determines that corrective action is - not required, an explanation and a - specific reason for noncompliance with - the recommendation. - ``(2) Access to records and personnel.--With respect to an - audit under paragraph (1), the Center shall provide the - independent auditor access to all records, documents, and - personnel and financial statements of the Center necessary to - carry out the audit. - ``(3) Public availability.-- - ``(A) In general.--The Center shall make available - to the public on an easily accessible internet website - of the Center-- - ``(i) each audit report under paragraph - (1)(C); - ``(ii) the Internal Revenue Service Form - 990 of the Center for each year, filed under - section 501(c) of the Internal Revenue Code of - 1986; and - ``(iii) the minutes of the quarterly - meetings of the board of directors of the - Center. - ``(B) Personally identifiable information.--An - audit report or the minutes made available under - subparagraph (A) shall not include the personally - identifiable information of any individual. - ``(4) Rule of construction.--For purposes of this - subsection, the Center shall be considered a private entity. + ``(1) Annual audit.-- + ``(A) In general.--Not less frequently than annually, the + financial statements of the Center for the preceding fiscal + year shall be audited by an independent auditor in accordance + with generally accepted accounting principles-- + ``(i) to ensure the adequacy of the internal controls + of the Center; and + ``(ii) to prevent waste, fraud, or misuse of funds + transferred to the Center by the corporation or the + national governing bodies. + ``(B) Location.--An audit under subparagraph (A) shall be + conducted at the location at which the financial statements of + the Center normally are kept. + ``(C) Report.--Not later than 180 days after the date on + which an audit under subparagraph (A) is completed, the + independent auditor shall issue an audit report. + ``(D) Corrective action plan.-- + ``(i) In general.--On completion of the audit report + under subparagraph (C) for a fiscal year, the Center shall + prepare, in a separate document, a corrective action plan + that responds to any corrective action recommended by the + independent auditor. + ``(ii) Matters to be included.--A corrective action + plan under clause (i) shall include the following for each + such corrective action: + + ``(I) The name of the person responsible for the + corrective action. + ``(II) A description of the planned corrective + action. + ``(III) The anticipated completion date of the + corrective action. + ``(IV) In the case of a recommended corrective + action based on a finding in the audit report with + which the Center disagrees, or for which the Center + determines that corrective action is not required, an + explanation and a specific reason for noncompliance + with the recommendation. + + ``(2) Access to records and personnel.--With respect to an + audit under paragraph (1), the Center shall provide the independent + auditor access to all records, documents, and personnel and + financial statements of the Center necessary to carry out the + audit. + ``(3) Public availability.-- + ``(A) In general.--The Center shall make available to the + public on an easily accessible internet website of the Center-- + ``(i) each audit report under paragraph (1)(C); + ``(ii) the Internal Revenue Service Form 990 of the + Center for each year, filed under section 501(c) of the + Internal Revenue Code of 1986; and + ``(iii) the minutes of the quarterly meetings of the + board of directors of the Center. + ``(B) Personally identifiable information.--An audit report + or the minutes made available under subparagraph (A) shall not + include the personally identifiable information of any + individual. + ``(4) Rule of construction.--For purposes of this subsection, + the Center shall be considered a private entity. ``(c) Report.--The Center shall submit an annual report to Congress, including-- - ``(1) a strategic plan with respect to the manner in which - the Center shall fulfill its duties under sections 220541 and - 220542; - ``(2) a detailed description of the efforts made by the - Center to comply with such strategic plan during the preceding - year; - ``(3) any financial statement necessary to present fairly - the assets, liabilities, and surplus or deficit of the Center - for the preceding year; - ``(4) an analysis of the changes in the amounts of such - assets, liabilities, and surplus or deficit during the - preceding year; - ``(5) a detailed description of Center activities, - including-- - ``(A) the number and nature of misconduct - complaints referred to the Center; - ``(B) the total number and type of pending - misconduct complaints under investigation by the - Center; - ``(C) the number of misconduct complaints for which - an investigation was terminated or otherwise closed by - the Center; and - ``(D) the number of such misconduct complaints - reported to law enforcement agencies by the Center for - further investigation; - ``(6) a detailed description of any complaint of - retaliation made during the preceding year by an officer or - employee of the Center or a contractor or subcontractor of the - Center that includes-- - ``(A) the number of such complaints; and - ``(B) the outcome of each such complaint; - ``(7) information relating to the educational activities - and trainings conducted by the office of education and outreach - of the Center during the preceding year, including the number - of educational activities and trainings developed and provided; + ``(1) a strategic plan with respect to the manner in which the + Center shall fulfill its duties under sections 220541 and 220542; + ``(2) a detailed description of the efforts made by the Center + to comply with such strategic plan during the preceding year; + ``(3) any financial statement necessary to present fairly the + assets, liabilities, and surplus or deficit of the Center for the + preceding year; + ``(4) an analysis of the changes in the amounts of such assets, + liabilities, and surplus or deficit during the preceding year; + ``(5) a detailed description of Center activities, including-- + ``(A) the number and nature of misconduct complaints + referred to the Center; + ``(B) the total number and type of pending misconduct + complaints under investigation by the Center; + ``(C) the number of misconduct complaints for which an + investigation was terminated or otherwise closed by the Center; and - ``(8) a description of the activities of the Center. + ``(D) the number of such misconduct complaints reported to + law enforcement agencies by the Center for further + investigation; + ``(6) a detailed description of any complaint of retaliation + made during the preceding year by an officer or employee of the + Center or a contractor or subcontractor of the Center that + includes-- + ``(A) the number of such complaints; and + ``(B) the outcome of each such complaint; + ``(7) information relating to the educational activities and + trainings conducted by the office of education and outreach of the + Center during the preceding year, including the number of + educational activities and trainings developed and provided; and + ``(8) a description of the activities of the Center. ``(d) Definitions.--In this section-- - ``(1) `audit report' means a report by an independent - auditor that includes-- - ``(A) an opinion or a disclaimer of opinion that - presents the assessment of the independent auditor with - respect to the financial records of the Center, - including whether such records are accurate and have - been maintained in accordance with generally accepted - accounting principles; - ``(B) an assessment of the internal controls used - by the Center that describes the scope of testing of - the internal controls and the results of such testing; - and - ``(C) a compliance assessment that includes an - opinion or a disclaimer of opinion as to whether the - Center has complied with the terms and conditions of - subsection (b); and - ``(2) `independent auditor' means an independent certified - public accountant or independent licensed public accountant, - certified or licensed by a regulatory authority of a State or a - political subdivision of a State, who meets the standards - specified in generally accepted accounting principles.''. - + ``(1) `audit report' means a report by an independent auditor + that includes-- + ``(A) an opinion or a disclaimer of opinion that presents + the assessment of the independent auditor with respect to the + financial records of the Center, including whether such records + are accurate and have been maintained in accordance with + generally accepted accounting principles; + ``(B) an assessment of the internal controls used by the + Center that describes the scope of testing of the internal + controls and the results of such testing; and + ``(C) a compliance assessment that includes an opinion or a + disclaimer of opinion as to whether the Center has complied + with the terms and conditions of subsection (b); and + ``(2) `independent auditor' means an independent certified + public accountant or independent licensed public accountant, + certified or licensed by a regulatory authority of a State or a + political subdivision of a State, who meets the standards specified + in generally accepted accounting principles.''. SEC. 9. EXEMPTION FROM AUTOMATIC STAY IN BANKRUPTCY CASES. - Section 362(b) of title 11, United States Code, is amended-- - (1) in paragraph (27), by striking ``and'' at the end; - (2) in paragraph (28), by striking the period at the end - and inserting ``; and''; and - (3) by inserting after paragraph (28) the following: - ``(29) under subsection (a)(1) of this section, of any - action by-- - ``(A) an amateur sports organization, as defined in - section 220501(b) of title 36, to replace a national - governing body, as defined in that section, under - section 220528 of that title; or - ``(B) the corporation, as defined in section - 220501(b) of title 36, to revoke the certification of a - national governing body, as defined in that section, - under section 220521 of that title.''. - -SEC. 10. ENHANCED CHILD ABUSE REPORTING. - + (1) in paragraph (27), by striking ``and'' at the end; + (2) in paragraph (28), by striking the period at the end and + inserting ``; and''; and + (3) by inserting after paragraph (28) the following: + ``(29) under subsection (a)(1) of this section, of any action + by-- + ``(A) an amateur sports organization, as defined in section + 220501(b) of title 36, to replace a national governing body, as + defined in that section, under section 220528 of that title; or + ``(B) the corporation, as defined in section 220501(b) of + title 36, to revoke the certification of a national governing + body, as defined in that section, under section 220521 of that + title.''. + SEC. 10. ENHANCED CHILD ABUSE REPORTING. Section 226(c)(9) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341(c)(9)) is amended-- - (1) by striking ``adult who is authorized'' and inserting - the following: ``adult who-- - ``(A) is authorized''; - (2) in subparagraph (A), as so designated, by inserting - ``or'' after the semicolon at the end; and - (3) by adding at the end the following: - ``(B) is an employee or representative of the - United States Center for SafeSport;''. - -SEC. 11. COMMISSION ON THE STATE OF U.S. OLYMPICS AND PARALYMPICS. - + (1) by striking ``adult who is authorized'' and inserting the + following: ``adult who-- + ``(A) is authorized''; + (2) in subparagraph (A), as so designated, by inserting ``or'' + after the semicolon at the end; and + (3) by adding at the end the following: + ``(B) is an employee or representative of the United States + Center for SafeSport;''. + SEC. 11. COMMISSION ON THE STATE OF U.S. OLYMPICS AND PARALYMPICS. (a) Establishment.--There is established within the legislative branch a commission, to be known as the ``Commission on the State of U.S. Olympics and Paralympics'' (referred to in this section as the ``Commission''). (b) Composition.-- - (1) In general.--The Commission shall be composed of 16 - members, of whom-- - (A) 4 members shall be appointed by the chairman of - the Committee on Commerce, Science, and Transportation - of the Senate; - (B) 4 members shall be appointed by the ranking - member of the Committee on Commerce, Science, and - Transportation of the Senate; - (C) 4 members shall be appointed by the chairman of - the Committee on Energy and Commerce of the House of - Representatives; and - (D) 4 members shall be appointed by the ranking - member of the Committee on Energy and Commerce of the - House of Representatives. - (2) Co-chairs.--Of the members of the Commission-- - (A) 1 co-chair shall be designated by the chairman - of the Committee on Commerce, Science, and - Transportation of the Senate; and - (B) 1 co-chair shall be designated by the chairman - of the Committee on Energy and Commerce of the House of - Representatives. - (3) Qualifications.-- - (A) In general.--Each member appointed to the - Commission shall have the following qualifications: - (i) Experience in 1 or more of the - following: - (I) Amateur, Olympic and - Paralympic, or professional athletics. - (II) Elite athletic coaching. - (III) Public service relating to - sports. - (IV) Professional advocacy for - increased minority participation in - sports. - (V) Olympic and Paralympic sports - administration or professional sports - administration. - (ii) Expertise in bullying prevention and - the promotion of a healthy organizational - culture. - (B) Olympic or paralympic athletes.--Not fewer than - 8 members appointed under paragraph (1) shall be - current or former Olympic or Paralympic athletes. + (1) In general.--The Commission shall be composed of 16 + members, of whom-- + (A) 4 members shall be appointed by the chairman of the + Committee on Commerce, Science, and Transportation of the + Senate; + (B) 4 members shall be appointed by the ranking member of + the Committee on Commerce, Science, and Transportation of the + Senate; + (C) 4 members shall be appointed by the chairman of the + Committee on Energy and Commerce of the House of + Representatives; and + (D) 4 members shall be appointed by the ranking member of + the Committee on Energy and Commerce of the House of + Representatives. + (2) Co-chairs.--Of the members of the Commission-- + (A) 1 co-chair shall be designated by the chairman of the + Committee on Commerce, Science, and Transportation of the + Senate; and + (B) 1 co-chair shall be designated by the chairman of the + Committee on Energy and Commerce of the House of + Representatives. + (3) Qualifications.-- + (A) In general.--Each member appointed to the Commission + shall have the following qualifications: + (i) Experience in 1 or more of the following: + + (I) Amateur, Olympic and Paralympic, or + professional athletics. + (II) Elite athletic coaching. + (III) Public service relating to sports. + (IV) Professional advocacy for increased minority + participation in sports. + (V) Olympic and Paralympic sports administration or + professional sports administration. + + (ii) Expertise in bullying prevention and the promotion + of a healthy organizational culture. + (B) Olympic or paralympic athletes.--Not fewer than 8 + members appointed under paragraph (1) shall be current or + former Olympic or Paralympic athletes. (c) Initial Meeting.--Not later than 30 days after the date on which the last member is appointed under paragraph (1), the Commission shall hold an initial meeting. @@ -1761,98 +1593,73 @@ hearings. pay, but shall receive travel expenses in accordance with sections 5702 and 5703 of title 5, United States Code. (i) Duties of Commission.-- - (1) Study.-- - (A) In general.--The Commission shall conduct a - study on matters relating to the state of United States - participation in the Olympic and Paralympic Games. - (B) Matters studied.--The study under subparagraph - (A) shall include-- - (i) a review of the most recent reforms - undertaken by the United States Olympic and - Paralympic Committee; - (ii) a description of proposed reforms to - the structure of the United States Olympic and - Paralympic Committee; - (iii) an assessment as to whether the board - of directors of the United States Olympic and - Paralympic Committee includes diverse members, - including athletes; - (iv) an assessment of United States athlete - participation levels in the Olympic and - Paralympic Games; - (v) a description of the status of any - United States Olympic and Paralympic Committee - licensing arrangement; - (vi) an assessment as to whether the United - States is achieving the goals for the Olympic - and Paralympic Games set by the United States - Olympic and Paralympic Committee; - (vii) an analysis of the participation in - amateur athletics of-- - (I) women; - (II) disabled individuals; and - (III) minorities; - (viii) a description of ongoing efforts by - the United States Olympic and Paralympic - Committee to recruit the Olympic and Paralympic - Games to the United States; - (ix) an evaluation of the functions of the - national governing bodies (as defined in - section 220501 of title 36, United States Code) - and an analysis of the responsiveness of the - national governing bodies to athletes with - respect to the duties of the national governing - bodies under section 220524(a)(3) of title 36, - United States Code; and - (x) an assessment of the finances and the - financial organization of the United States - Olympic and Paralympic Committee. - (2) Report.-- - (A) In general.--Not later than 270 days after the - date of the enactment of this Act, the Commission shall - submit to Congress a report on the results of the study - conducted under paragraph (1), including a detailed - statement of findings, conclusions, recommendations, - and suggested policy changes. - (B) Public availability.--The report required by - subparagraph (A) shall be made available to the public - on an internet website of the United States Government - that is available to the public. + (1) Study.-- + (A) In general.--The Commission shall conduct a study on + matters relating to the state of United States participation in + the Olympic and Paralympic Games. + (B) Matters studied.--The study under subparagraph (A) + shall include-- + (i) a review of the most recent reforms undertaken by + the United States Olympic and Paralympic Committee; + (ii) a description of proposed reforms to the structure + of the United States Olympic and Paralympic Committee; + (iii) an assessment as to whether the board of + directors of the United States Olympic and Paralympic + Committee includes diverse members, including athletes; + (iv) an assessment of United States athlete + participation levels in the Olympic and Paralympic Games; + (v) a description of the status of any United States + Olympic and Paralympic Committee licensing arrangement; + (vi) an assessment as to whether the United States is + achieving the goals for the Olympic and Paralympic Games + set by the United States Olympic and Paralympic Committee; + (vii) an analysis of the participation in amateur + athletics of-- + + (I) women; + (II) disabled individuals; and + (III) minorities; + + (viii) a description of ongoing efforts by the United + States Olympic and Paralympic Committee to recruit the + Olympic and Paralympic Games to the United States; + (ix) an evaluation of the functions of the national + governing bodies (as defined in section 220501 of title 36, + United States Code) and an analysis of the responsiveness + of the national governing bodies to athletes with respect + to the duties of the national governing bodies under + section 220524(a)(3) of title 36, United States Code; and + (x) an assessment of the finances and the financial + organization of the United States Olympic and Paralympic + Committee. + (2) Report.-- + (A) In general.--Not later than 270 days after the date of + the enactment of this Act, the Commission shall submit to + Congress a report on the results of the study conducted under + paragraph (1), including a detailed statement of findings, + conclusions, recommendations, and suggested policy changes. + (B) Public availability.--The report required by + subparagraph (A) shall be made available to the public on an + internet website of the United States Government that is + available to the public. (j) Powers of Commission.-- - (1) Subpoena authority.--The Commission may subpoena an - individual the testimony of whom may be relevant to the purpose - of the Commission. - (2) Furnishing information.--On request by the executive - director of the Commission, the head of a Federal agency shall - furnish information to the Commission. + (1) Subpoena authority.--The Commission may subpoena an + individual the testimony of whom may be relevant to the purpose of + the Commission. + (2) Furnishing information.--On request by the executive + director of the Commission, the head of a Federal agency shall + furnish information to the Commission. (k) Termination of Commission.--The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (i)(2). (l) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. - -SEC. 12. SEVERABILITY. - + SEC. 12. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, is determined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected. - Passed the Senate August 4, 2020. - - Attest: - - Secretary. -116th CONGRESS + Speaker of the House of Representatives. - 2d Session - - S. 2330 - -_______________________________________________________________________ - - AN ACT - -To amend the Ted Stevens Olympic and Amateur Sports Act to provide for -congressional oversight of the board of directors of the United States - Olympic and Paralympic Committee and to protect amateur athletes from - emotional, physical, and sexual abuse, and for other purposes. + Vice President of the United States and + President of the Senate. From 0928931e813fa5842a8db63aa70fcce62ea0c3b8 Mon Sep 17 00:00:00 2001 From: "Sen. Portman, Rob [R-OH]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 878/984] Senate-2472: Introduced to Senate --- bills_text/Senate-2472.txt | 67 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 67 insertions(+) create mode 100644 bills_text/Senate-2472.txt diff --git a/bills_text/Senate-2472.txt b/bills_text/Senate-2472.txt new file mode 100644 index 0000000..9592259 --- /dev/null +++ b/bills_text/Senate-2472.txt @@ -0,0 +1,67 @@ +116th CONGRESS + 1st Session + S. 2472 + + To redesignate the NASA John H. Glenn Research Center at Plum Brook +Station, Ohio, as the NASA John H. Glenn Research Center at the Neil A. + Armstrong Test Facility. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + September 12, 2019 + +Mr. Portman (for himself and Mr. Brown) introduced the following bill; + which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To redesignate the NASA John H. Glenn Research Center at Plum Brook +Station, Ohio, as the NASA John H. Glenn Research Center at the Neil A. + Armstrong Test Facility. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Neil A. Armstrong Test Facility +Act''. + +SEC. 2. FINDINGS. + + Congress finds as follows: + (1) Neil A. Armstrong, through his own definition, was + first and foremost as a test pilot. + (2) A native of Wapakoneta, Ohio, Armstrong began his + inspiring career in space exploration in Cleveland, Ohio, at + what is now the NASA John H. Glenn Research Center. + (3) Becoming the first human to land a spacecraft, and then + set foot upon, the moon, represents the greatest dream of any + test pilot. + (4) Therefore, it is fitting that the premier aeronautics + and space test station in Ohio should be renamed in his honor. + +SEC. 3. REDESIGNATION OF NASA JOHN H. GLENN RESEARCH CENTER AT PLUM + BROOK STATION, OHIO, AS NASA JOHN H. GLENN RESEARCH + CENTER AT THE NEIL A. ARMSTRONG TEST FACILITY. + + (a) Redesignation.--The NASA John H. Glenn Research Center at Plum +Brook Station, Ohio, is hereby redesignated as the NASA John H. Glenn +Research Center at the Neil A. Armstrong Test Facility. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the station referred to +in subsection (a) shall be deemed to be a reference to the ``NASA John +H. Glenn Center at the Neil A. Armstrong Test Facility''. + (c) Savings.--Nothing in this section shall be construed to alter +the relationship between the Plum Brook Station and the NASA John H. +Glenn Research Center. + \ No newline at end of file From 4de94649339c73be78532a5b4bb82084ab29092c Mon Sep 17 00:00:00 2001 From: "Sen. Portman, Rob [R-OH]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 879/984] Senate-2472: Engrossed in Senate --- bills_text/Senate-2472.txt | 40 ++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 19 deletions(-) diff --git a/bills_text/Senate-2472.txt b/bills_text/Senate-2472.txt index 9592259..9f84c87 100644 --- a/bills_text/Senate-2472.txt +++ b/bills_text/Senate-2472.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2472 - To redesignate the NASA John H. Glenn Research Center at Plum Brook -Station, Ohio, as the NASA John H. Glenn Research Center at the Neil A. - Armstrong Test Facility. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - September 12, 2019 - -Mr. Portman (for himself and Mr. Brown) introduced the following bill; - which was read twice and referred to the Committee on Commerce, - Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -64,4 +48,22 @@ H. Glenn Center at the Neil A. Armstrong Test Facility''. (c) Savings.--Nothing in this section shall be construed to alter the relationship between the Plum Brook Station and the NASA John H. Glenn Research Center. - \ No newline at end of file + + Passed the Senate June 24, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2472 + +_______________________________________________________________________ + + AN ACT + + To redesignate the NASA John H. Glenn Research Center at Plum Brook +Station, Ohio, as the NASA John H. Glenn Research Center at the Neil A. + Armstrong Test Facility. From 4f02208aedff339382c20b094fcc816b628e74dd Mon Sep 17 00:00:00 2001 From: "Sen. Portman, Rob [R-OH]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 880/984] Senate-2472: Enrolled --- bills_text/Senate-2472.txt | 69 ++++++++++++++++---------------------- 1 file changed, 29 insertions(+), 40 deletions(-) diff --git a/bills_text/Senate-2472.txt b/bills_text/Senate-2472.txt index 9f84c87..99c0462 100644 --- a/bills_text/Senate-2472.txt +++ b/bills_text/Senate-2472.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 2472 + S.2472 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -14,30 +23,24 @@ Station, Ohio, as the NASA John H. Glenn Research Center at the Neil A. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Neil A. Armstrong Test Facility Act''. - SEC. 2. FINDINGS. - Congress finds as follows: - (1) Neil A. Armstrong, through his own definition, was - first and foremost as a test pilot. - (2) A native of Wapakoneta, Ohio, Armstrong began his - inspiring career in space exploration in Cleveland, Ohio, at - what is now the NASA John H. Glenn Research Center. - (3) Becoming the first human to land a spacecraft, and then - set foot upon, the moon, represents the greatest dream of any - test pilot. - (4) Therefore, it is fitting that the premier aeronautics - and space test station in Ohio should be renamed in his honor. - + (1) Neil A. Armstrong, through his own definition, was first + and foremost as a test pilot. + (2) A native of Wapakoneta, Ohio, Armstrong began his inspiring + career in space exploration in Cleveland, Ohio, at what is now the + NASA John H. Glenn Research Center. + (3) Becoming the first human to land a spacecraft, and then set + foot upon, the moon, represents the greatest dream of any test + pilot. + (4) Therefore, it is fitting that the premier aeronautics and + space test station in Ohio should be renamed in his honor. SEC. 3. REDESIGNATION OF NASA JOHN H. GLENN RESEARCH CENTER AT PLUM - BROOK STATION, OHIO, AS NASA JOHN H. GLENN RESEARCH - CENTER AT THE NEIL A. ARMSTRONG TEST FACILITY. - +BROOK STATION, OHIO, AS NASA JOHN H. GLENN RESEARCH CENTER AT THE NEIL +A. ARMSTRONG TEST FACILITY. (a) Redesignation.--The NASA John H. Glenn Research Center at Plum Brook Station, Ohio, is hereby redesignated as the NASA John H. Glenn Research Center at the Neil A. Armstrong Test Facility. @@ -49,21 +52,7 @@ H. Glenn Center at the Neil A. Armstrong Test Facility''. the relationship between the Plum Brook Station and the NASA John H. Glenn Research Center. - Passed the Senate June 24, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 2472 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - - To redesignate the NASA John H. Glenn Research Center at Plum Brook -Station, Ohio, as the NASA John H. Glenn Research Center at the Neil A. - Armstrong Test Facility. + Vice President of the United States and + President of the Senate. From a84cc45a2ebc71a3eb5ab41dab027d7f9c4ac8f5 Mon Sep 17 00:00:00 2001 From: "Sen. Duckworth, Tammy [D-IL]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 881/984] Senate-2638: Introduced to Senate --- bills_text/Senate-2638.txt | 73 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 73 insertions(+) create mode 100644 bills_text/Senate-2638.txt diff --git a/bills_text/Senate-2638.txt b/bills_text/Senate-2638.txt new file mode 100644 index 0000000..dfd31b7 --- /dev/null +++ b/bills_text/Senate-2638.txt @@ -0,0 +1,73 @@ +116th CONGRESS + 1st Session + S. 2638 + +To amend title 49, United State Code, to require small hub airports to + construct areas for nursing mothers, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 17, 2019 + + Ms. Duckworth (for herself and Mrs. Fischer) introduced the following + bill; which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + +To amend title 49, United State Code, to require small hub airports to + construct areas for nursing mothers, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Friendly Airports for Mothers +Improvement Act''. + +SEC. 2. MOTHERS' ROOMS. + + Section 47107(w) of title 49, United States Code, is amended-- + (1) in paragraph (1) by striking ``In fiscal year 2021'' + and all that follows through ``the Secretary of + Transportation'' and inserting ``The Secretary of + Transportation''; + (2) in paragraph (1)(B) by striking ``one men's and one + women's'' and inserting ``at least one men's and at least one + women's''; + (3) by striking paragraph (2)(A) and inserting the + following: + ``(A) Airport size.-- + ``(i) In general.--The requirements in + paragraph (1) shall only apply to applications + submitted by the airport sponsor of-- + ``(I) a medium or large hub airport + in fiscal year 2021 and each fiscal + year thereafter; and + ``(II) an applicable small hub + airport in fiscal year 2023 and each + fiscal year thereafter. + ``(ii) Applicable small hub airport + defined.--In clause (i)(II), the term + `applicable small hub airport' means an airport + designated as a small hub airport during-- + ``(I) the 3-year period consisting + of 2020, 2021, and 2022; or + ``(II) any consecutive 3-year + period beginning after 2020.''; + (4) in paragraph (2)(B) by striking ``the date of enactment + of this Act complies with the requirement in paragraph (1)'' + and inserting ``October 5, 2018, complies with the requirement + in paragraph (1)(A)''; and + (5) in paragraph (2)(C) by striking ``paragraph (1)'' and + inserting ``paragraph (1)(A)''. + \ No newline at end of file From f028a1c43c788b9e9664a60590d342d135297227 Mon Sep 17 00:00:00 2001 From: "Sen. Duckworth, Tammy [D-IL]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 882/984] Senate-2638: Engrossed in Senate --- bills_text/Senate-2638.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-2638.txt b/bills_text/Senate-2638.txt index dfd31b7..dd6a86d 100644 --- a/bills_text/Senate-2638.txt +++ b/bills_text/Senate-2638.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2638 -To amend title 49, United State Code, to require small hub airports to - construct areas for nursing mothers, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - October 17, 2019 - - Ms. Duckworth (for herself and Mrs. Fischer) introduced the following - bill; which was read twice and referred to the Committee on Commerce, - Science, and Transportation - _______________________________________________________________________ - A BILL + AN ACT @@ -70,4 +55,21 @@ SEC. 2. MOTHERS' ROOMS. in paragraph (1)(A)''; and (5) in paragraph (2)(C) by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. - \ No newline at end of file + + Passed the Senate July 29, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2638 + +_______________________________________________________________________ + + AN ACT + +To amend title 49, United State Code, to require small hub airports to + construct areas for nursing mothers, and for other purposes. From 476a0c5fc3a7e84568a59f25c99af02e2a1808cb Mon Sep 17 00:00:00 2001 From: "Sen. Duckworth, Tammy [D-IL]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 883/984] Senate-2638: Enrolled --- bills_text/Senate-2638.txt | 113 +++++++++++++++++-------------------- 1 file changed, 52 insertions(+), 61 deletions(-) diff --git a/bills_text/Senate-2638.txt b/bills_text/Senate-2638.txt index dd6a86d..052844b 100644 --- a/bills_text/Senate-2638.txt +++ b/bills_text/Senate-2638.txt @@ -1,75 +1,66 @@ -116th CONGRESS - 2d Session - S. 2638 + S.2638 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend title 49, United State Code, to require small hub airports to + To amend title 49, United State Code, to require small hub airports to construct areas for nursing mothers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Friendly Airports for Mothers Improvement Act''. - SEC. 2. MOTHERS' ROOMS. - Section 47107(w) of title 49, United States Code, is amended-- - (1) in paragraph (1) by striking ``In fiscal year 2021'' - and all that follows through ``the Secretary of - Transportation'' and inserting ``The Secretary of - Transportation''; - (2) in paragraph (1)(B) by striking ``one men's and one - women's'' and inserting ``at least one men's and at least one - women's''; - (3) by striking paragraph (2)(A) and inserting the - following: - ``(A) Airport size.-- - ``(i) In general.--The requirements in - paragraph (1) shall only apply to applications - submitted by the airport sponsor of-- - ``(I) a medium or large hub airport - in fiscal year 2021 and each fiscal - year thereafter; and - ``(II) an applicable small hub - airport in fiscal year 2023 and each - fiscal year thereafter. - ``(ii) Applicable small hub airport - defined.--In clause (i)(II), the term - `applicable small hub airport' means an airport - designated as a small hub airport during-- - ``(I) the 3-year period consisting - of 2020, 2021, and 2022; or - ``(II) any consecutive 3-year - period beginning after 2020.''; - (4) in paragraph (2)(B) by striking ``the date of enactment - of this Act complies with the requirement in paragraph (1)'' - and inserting ``October 5, 2018, complies with the requirement - in paragraph (1)(A)''; and - (5) in paragraph (2)(C) by striking ``paragraph (1)'' and - inserting ``paragraph (1)(A)''. - - Passed the Senate July 29, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 2638 - -_______________________________________________________________________ - - AN ACT - -To amend title 49, United State Code, to require small hub airports to - construct areas for nursing mothers, and for other purposes. + (1) in paragraph (1) by striking ``In fiscal year 2021'' and + all that follows through ``the Secretary of Transportation'' and + inserting ``The Secretary of Transportation''; + (2) in paragraph (1)(B) by striking ``one men's and one + women's'' and inserting ``at least one men's and at least one + women's''; + (3) by striking paragraph (2)(A) and inserting the following: + ``(A) Airport size.-- + ``(i) In general.--The requirements in paragraph (1) + shall only apply to applications submitted by the airport + sponsor of-- + + ``(I) a medium or large hub airport in fiscal year + 2021 and each fiscal year thereafter; and + ``(II) an applicable small hub airport in fiscal + year 2023 and each fiscal year thereafter. + + ``(ii) Applicable small hub airport defined.--In clause + (i)(II), the term `applicable small hub airport' means an + airport designated as a small hub airport during-- + + ``(I) the 3-year period consisting of 2020, 2021, + and 2022; or + ``(II) any consecutive 3-year period beginning + after 2020.''; + + (4) in paragraph (2)(B) by striking ``the date of enactment of + this Act complies with the requirement in paragraph (1)'' and + inserting ``October 5, 2018, complies with the requirement in + paragraph (1)(A)''; and + (5) in paragraph (2)(C) by striking ``paragraph (1)'' and + inserting ``paragraph (1)(A)''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From f3949b66a555f8e3682ac3a030c435f550e6b63e Mon Sep 17 00:00:00 2001 From: "Sen. Gardner, Cory [R-CO]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 884/984] Senate-2661: Introduced to Senate --- bills_text/Senate-2661.txt | 173 +++++++++++++++++++++++++++++++++++++ 1 file changed, 173 insertions(+) create mode 100644 bills_text/Senate-2661.txt diff --git a/bills_text/Senate-2661.txt b/bills_text/Senate-2661.txt new file mode 100644 index 0000000..902921f --- /dev/null +++ b/bills_text/Senate-2661.txt @@ -0,0 +1,173 @@ +116th CONGRESS + 1st Session + S. 2661 + + To amend the Communications Act of 1934 to designate 9-8-8 as the + universal telephone number for the purpose of the national suicide + prevention and mental health crisis hotline system operating through + the National Suicide Prevention Lifeline and through the Veterans + Crisis Line, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 22, 2019 + + Mr. Gardner (for himself, Ms. Baldwin, Mr. Moran, and Mr. Reed) +introduced the following bill; which was read twice and referred to the + Committee on Commerce, Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To amend the Communications Act of 1934 to designate 9-8-8 as the + universal telephone number for the purpose of the national suicide + prevention and mental health crisis hotline system operating through + the National Suicide Prevention Lifeline and through the Veterans + Crisis Line, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``National Suicide Hotline Designation +Act of 2019''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) According to the American Foundation for Suicide + Prevention, on average, there are 129 suicides per day in the + United States. + (2) To prevent future suicides, it is critical to + transition the cumbersome, existing 10-digit National Suicide + Hotline to a universal, easy-to-remember, 3-digit phone number + and connect people in crisis with life-saving resources. + (3) It is essential that people in the United States have + access to a 3-digit national suicide hotline across all + geographic locations. + (4) The designated suicide hotline number will need to be + both familiar and recognizable to all people in the United + States. + +SEC. 3. UNIVERSAL TELEPHONE NUMBER FOR NATIONAL SUICIDE PREVENTION AND + MENTAL HEALTH CRISIS HOTLINE SYSTEM. + + (a) In General.--Section 251(e) of the Communications Act of 1934 +(47 U.S.C. 251(e)) is amended by adding at the end the following: + ``(4) Universal telephone number for national suicide + prevention and mental health crisis hotline system.--9-8-8 is + designated as the universal telephone number within the United + States for the purpose of the national suicide prevention and + mental health crisis hotline system operating through the + National Suicide Prevention Lifeline maintained by the + Assistant Secretary for Mental Health and Substance Use under + section 520E-3 of the Public Health Service Act (42 U.S.C. + 290bb-36c) and through the Veterans Crisis Line maintained by + the Secretary of Veterans Affairs under section 1720F(h) of + title 38, United States Code.''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on the date that is 1 year after the date of enactment of +this Act. + (c) Required Report.--Not later than 180 days after the date of +enactment of this Act, the Assistant Secretary for Mental Health and +Substance Use and the Secretary of Veterans Affairs shall jointly +submit a report that details the resources necessary to make the use of +9-8-8, as designated under paragraph (4) of section 251(e) of the +Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection +(a) of this section, operational and effective across the United States +to-- + (1) the Committee on Commerce, Science, and Transportation + of the Senate; + (2) the Committee on Appropriations of the Senate; + (3) the Committee on Energy and Commerce of the House of + Representatives; and + (4) the Committee on Appropriations of the House of + Representatives. + +SEC. 4. STATE AUTHORITY OVER FEES. + + (a) Authority.-- + (1) In general.--Nothing in this Act, any amendment made by + this Act, the Communications Act of 1934 (47 U.S.C. 151 et + seq.), or any Commission regulation or order may prevent the + imposition and collection of a fee or charge applicable to a + commercial mobile service or an IP-enabled voice service + specifically designated by a State, a political subdivision of + a State, an Indian Tribe, or village or regional corporation + serving a region established pursuant to the Alaska Native + Claims Settlement Act (43 U.S.C. 1601 et seq.) for the support + or implementation of 9-8-8 services, if the fee or charge is + held in a sequestered account to be obligated or expended only + in support of 9-8-8 services, or enhancements of such services, + as specified in the provision of State or local law adopting + the fee or charge. + (2) Limit on fee or charge.--For each class of subscribers + to IP-enabled voice services, the fee or charge may not exceed + the amount of any such fee or charge applicable to the same + class of subscribers to telecommunications services. + (b) Fee Accountability Report.--To ensure efficiency, transparency, +and accountability in the collection and expenditure of a fee or charge +for the support or implementation of 9-8-8 services, not later than 2 +years after the date of the enactment of this Act, and annually +thereafter, the Commission shall submit to the Committees on Commerce, +Science, and Transportation and Appropriations of the Senate and the +Committees on Energy and Commerce and Appropriations of the House of +Representatives a report that-- + (1) details the status in each State of the collection and + distribution of such fees or charges; and + (2) includes findings on the amount of revenues obligated + or expended by each State or political subdivision thereof for + any purpose other than the purpose for which any such fees or + charges are specified. + (c) Definitions.--In this section: + (1) Commercial mobile service.--The term ``commercial + mobile service'' has the meaning given that term under section + 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). + (2) Commission.--The term ``Commission'' means the Federal + Communications Commission. + (3) IP-enabled voice service.--The term ``IP-enabled voice + service'' shall include-- + (A) an interconnected VoIP service, as defined in + section 9.3 of the title 47 of the Code of Federal + Regulations, or any successor thereto; and + (B) a one-way interconnected VoIP service. + (4) State.--The term ``State'' has the meaning given that + term in section 7 of the Wireless Communications and Public + Safety Act of 1999 (47 U.S.C. 615b). + (5) Telecommunications service.--The term + ``telecommunications service'' has the meaning given that term + in section 3 of the Communications Act of 1934 (47 U.S.C. 153). + +SEC. 5. LOCATION IDENTIFICATION REPORT. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Federal Communications Commission shall +submit to the appropriate committees a report that examines the +feasibility and cost of including an automatic dispatchable location +that would be conveyed with a 9-8-8 call, regardless of the +technological platform used and including with calls from multi-line +telephone systems (as defined in section 6502 of the Middle Class Tax +Relief and Job Creation Act of 2012 (47 U.S.C. 1471)). + (b) Definitions.--In this section: + (1) Appropriate committees.--The term ``appropriate + committees'' means the following: + (A) The Committee on Commerce, Science, and + Transportation of the Senate. + (B) The Committee on Health, Education, Labor, and + Pensions of the Senate. + (C) The Committee on Energy and Commerce of the + House of Representatives. + (2) Dispatchable location.--The term ``dispatchable + location'' means the street address of the calling party and + additional information such as room number, floor number, or + similar information necessary to adequately identify the + location of the calling party. + \ No newline at end of file From 9b595fa3923fbcd4b5e2f2b045908e81a849fc4c Mon Sep 17 00:00:00 2001 From: "Sen. Gardner, Cory [R-CO]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 885/984] Senate-2661: Engrossed in Senate --- bills_text/Senate-2661.txt | 147 +++++++++++++++++++++++++++---------- 1 file changed, 107 insertions(+), 40 deletions(-) diff --git a/bills_text/Senate-2661.txt b/bills_text/Senate-2661.txt index 902921f..14c8f24 100644 --- a/bills_text/Senate-2661.txt +++ b/bills_text/Senate-2661.txt @@ -1,28 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2661 - To amend the Communications Act of 1934 to designate 9-8-8 as the - universal telephone number for the purpose of the national suicide - prevention and mental health crisis hotline system operating through - the National Suicide Prevention Lifeline and through the Veterans - Crisis Line, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - October 22, 2019 - - Mr. Gardner (for himself, Ms. Baldwin, Mr. Moran, and Mr. Reed) -introduced the following bill; which was read twice and referred to the - Committee on Commerce, Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -38,7 +20,7 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Suicide Hotline Designation -Act of 2019''. +Act of 2020''. SEC. 2. FINDINGS. @@ -103,16 +85,26 @@ SEC. 4. STATE AUTHORITY OVER FEES. specifically designated by a State, a political subdivision of a State, an Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native - Claims Settlement Act (43 U.S.C. 1601 et seq.) for the support - or implementation of 9-8-8 services, if the fee or charge is - held in a sequestered account to be obligated or expended only - in support of 9-8-8 services, or enhancements of such services, - as specified in the provision of State or local law adopting - the fee or charge. - (2) Limit on fee or charge.--For each class of subscribers - to IP-enabled voice services, the fee or charge may not exceed - the amount of any such fee or charge applicable to the same - class of subscribers to telecommunications services. + Claims Settlement Act (43 U.S.C. 1601 et seq.) for 9-8-8 + related services, if the fee or charge is held in a sequestered + account to be obligated or expended only in support of 9-8-8 + services, or enhancements of such services, as specified in the + provision of State or local law adopting the fee or charge. + (2) Use of 9-8-8 funds.--A fee or charge collected under + this subsection shall only be imposed, collected, and used to + pay expenses that a State, a political subdivision of a State, + an Indian Tribe, or village or regional corporation serving a + region established pursuant to the Alaska Native Claims + Settlement Act (43 U.S.C. 1601 et seq.) is expected to incur + that are reasonably attributed to-- + (A) ensuring the efficient and effective routing of + calls made to the 9-8-8 national suicide prevention and + mental health crisis hotline to an appropriate crisis + center; and + (B) personnel and the provision of acute mental + health, crisis outreach and stabilization services by + directly responding to the 9-8-8 national suicide + prevention and mental health crisis hotline. (b) Fee Accountability Report.--To ensure efficiency, transparency, and accountability in the collection and expenditure of a fee or charge for the support or implementation of 9-8-8 services, not later than 2 @@ -121,12 +113,18 @@ thereafter, the Commission shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that-- - (1) details the status in each State of the collection and - distribution of such fees or charges; and + (1) details the status in each State, political subdivision + of a State, Indian Tribe, or village or regional corporation + serving a region established pursuant to the Alaska Native + Claims Settlement Act (43 U.S.C. 1601 et seq.) of the + collection and distribution of such fees or charges; and (2) includes findings on the amount of revenues obligated - or expended by each State or political subdivision thereof for - any purpose other than the purpose for which any such fees or - charges are specified. + or expended by each State, political subdivision of a State, + Indian Tribe, or village or regional corporation serving a + region established pursuant to the Alaska Native Claims + Settlement Act (43 U.S.C. 1601 et seq.) for any purpose other + than the purpose for which any such fees or charges are + specified. (c) Definitions.--In this section: (1) Commercial mobile service.--The term ``commercial mobile service'' has the meaning given that term under section @@ -142,9 +140,6 @@ Representatives a report that-- (4) State.--The term ``State'' has the meaning given that term in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b). - (5) Telecommunications service.--The term - ``telecommunications service'' has the meaning given that term - in section 3 of the Communications Act of 1934 (47 U.S.C. 153). SEC. 5. LOCATION IDENTIFICATION REPORT. @@ -170,4 +165,76 @@ Relief and Job Creation Act of 2012 (47 U.S.C. 1471)). additional information such as room number, floor number, or similar information necessary to adequately identify the location of the calling party. - \ No newline at end of file + +SEC. 6. REPORT ON CERTAIN TRAINING PROGRAMS. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) youth who are lesbian, gay, bisexual, transgender, or + queer (referred to in this section as ``LGBTQ'') are more than + 4 times more likely to contemplate suicide than their peers, + with 1 in 5 LGBTQ youth and more than 1 in 3 transgender youth + reporting attempting suicide; + (2) American Indian and Alaska Natives have the highest + rate of suicide of any racial or ethnic group in the United + States with a suicide rate over 3.5 times higher than the + racial or ethnic group with the lowest rate, with the suicide + rate increasing, since 1999, by 139 percent for American Indian + women and 71 percent for men; + (3) between 2001 and 2015, the suicide death rate in rural + counties in the United States was 17.32 per 100,000 + individuals, which is significantly greater than the national + average, and the data shows that between that same time period, + suicide rates increased for all age groups across all counties + in the United States, with the highest rates and the greatest + increases being in more rural counties; and + (4) the Substance Abuse and Mental Health Services + Administration must be equipped to provide specialized + resources to these and other high-risk populations. + (b) Report.--Not later than 180 days after the date of enactment of +this Act, the Assistant Secretary for Mental Health and Substance Use +shall submit to the Committee on Commerce, Science, and Transportation +of the Senate, the Committee on Health, Education, Labor, and Pensions +of the Senate, and the Committee on Energy and Commerce of the House of +Representatives a report that-- + (1) details a strategy, to be developed in consultation + with the Centers for Disease Control and Prevention, the + National Institute of Mental Health, and organizations capable + of providing nationwide suicide prevention and crisis services + for LGBTQ youth, minorities, rural individuals, or other high- + risk populations, for the Substance Abuse and Mental Health + Services Administration to offer, support, or provide technical + assistance to training programs for National Suicide Prevention + Lifeline counselors to increase competency in serving high-risk + populations; and + (2) includes recommendations regarding-- + (A) the facilitation of access to services that are + provided to specially trained staff and partner + organizations for LGBTQ youth, minorities, rural + individuals, and other high-risk populations; and + (B) a strategy for optimally implementing an + Integrated Voice Response, or other equally effective + mechanism, to allow National Suicide Prevention + Lifeline callers who are LGBTQ youth, minorities, rural + individuals, or members of other high-risk populations + to access specialized services. + + Passed the Senate May 13, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2661 + +_______________________________________________________________________ + + AN ACT + + To amend the Communications Act of 1934 to designate 9-8-8 as the + universal telephone number for the purpose of the national suicide + prevention and mental health crisis hotline system operating through + the National Suicide Prevention Lifeline and through the Veterans + Crisis Line, and for other purposes. From 2fb09f38a053acd567dc80257e42aae961475860 Mon Sep 17 00:00:00 2001 From: "Sen. Gardner, Cory [R-CO]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 886/984] Senate-2661: Enrolled --- bills_text/Senate-2661.txt | 340 +++++++++++++++++-------------------- 1 file changed, 157 insertions(+), 183 deletions(-) diff --git a/bills_text/Senate-2661.txt b/bills_text/Senate-2661.txt index 14c8f24..c575923 100644 --- a/bills_text/Senate-2661.txt +++ b/bills_text/Senate-2661.txt @@ -1,60 +1,61 @@ -116th CONGRESS - 2d Session - S. 2661 + S.2661 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the Communications Act of 1934 to designate 9-8-8 as the - universal telephone number for the purpose of the national suicide - prevention and mental health crisis hotline system operating through - the National Suicide Prevention Lifeline and through the Veterans - Crisis Line, and for other purposes. + universal telephone number for the purpose of the national suicide +prevention and mental health crisis hotline system operating through the + National Suicide Prevention Lifeline and through the Veterans Crisis + Line, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``National Suicide Hotline Designation Act of 2020''. - SEC. 2. FINDINGS. - Congress finds the following: - (1) According to the American Foundation for Suicide - Prevention, on average, there are 129 suicides per day in the - United States. - (2) To prevent future suicides, it is critical to - transition the cumbersome, existing 10-digit National Suicide - Hotline to a universal, easy-to-remember, 3-digit phone number - and connect people in crisis with life-saving resources. - (3) It is essential that people in the United States have - access to a 3-digit national suicide hotline across all - geographic locations. - (4) The designated suicide hotline number will need to be - both familiar and recognizable to all people in the United - States. - + (1) According to the American Foundation for Suicide + Prevention, on average, there are 129 suicides per day in the + United States. + (2) To prevent future suicides, it is critical to transition + the cumbersome, existing 10-digit National Suicide Hotline to a + universal, easy-to-remember, 3-digit phone number and connect + people in crisis with life-saving resources. + (3) It is essential that people in the United States have + access to a 3-digit national suicide hotline across all geographic + locations. + (4) The designated suicide hotline number will need to be both + familiar and recognizable to all people in the United States. SEC. 3. UNIVERSAL TELEPHONE NUMBER FOR NATIONAL SUICIDE PREVENTION AND - MENTAL HEALTH CRISIS HOTLINE SYSTEM. - +MENTAL HEALTH CRISIS HOTLINE SYSTEM. (a) In General.--Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended by adding at the end the following: - ``(4) Universal telephone number for national suicide - prevention and mental health crisis hotline system.--9-8-8 is - designated as the universal telephone number within the United - States for the purpose of the national suicide prevention and - mental health crisis hotline system operating through the - National Suicide Prevention Lifeline maintained by the - Assistant Secretary for Mental Health and Substance Use under - section 520E-3 of the Public Health Service Act (42 U.S.C. - 290bb-36c) and through the Veterans Crisis Line maintained by - the Secretary of Veterans Affairs under section 1720F(h) of - title 38, United States Code.''. + ``(4) Universal telephone number for national suicide + prevention and mental health crisis hotline system.--9-8-8 is + designated as the universal telephone number within the United + States for the purpose of the national suicide prevention and + mental health crisis hotline system operating through the National + Suicide Prevention Lifeline maintained by the Assistant Secretary + for Mental Health and Substance Use under section 520E-3 of the + Public Health Service Act (42 U.S.C. 290bb-36c) and through the + Veterans Crisis Line maintained by the Secretary of Veterans + Affairs under section 1720F(h) of title 38, United States Code.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. @@ -66,45 +67,42 @@ submit a report that details the resources necessary to make the use of Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a) of this section, operational and effective across the United States to-- - (1) the Committee on Commerce, Science, and Transportation - of the Senate; - (2) the Committee on Appropriations of the Senate; - (3) the Committee on Energy and Commerce of the House of - Representatives; and - (4) the Committee on Appropriations of the House of - Representatives. - + (1) the Committee on Commerce, Science, and Transportation of + the Senate; + (2) the Committee on Appropriations of the Senate; + (3) the Committee on Energy and Commerce of the House of + Representatives; and + (4) the Committee on Appropriations of the House of + Representatives. SEC. 4. STATE AUTHORITY OVER FEES. - (a) Authority.-- - (1) In general.--Nothing in this Act, any amendment made by - this Act, the Communications Act of 1934 (47 U.S.C. 151 et - seq.), or any Commission regulation or order may prevent the - imposition and collection of a fee or charge applicable to a - commercial mobile service or an IP-enabled voice service - specifically designated by a State, a political subdivision of - a State, an Indian Tribe, or village or regional corporation - serving a region established pursuant to the Alaska Native - Claims Settlement Act (43 U.S.C. 1601 et seq.) for 9-8-8 - related services, if the fee or charge is held in a sequestered - account to be obligated or expended only in support of 9-8-8 - services, or enhancements of such services, as specified in the - provision of State or local law adopting the fee or charge. - (2) Use of 9-8-8 funds.--A fee or charge collected under - this subsection shall only be imposed, collected, and used to - pay expenses that a State, a political subdivision of a State, - an Indian Tribe, or village or regional corporation serving a - region established pursuant to the Alaska Native Claims - Settlement Act (43 U.S.C. 1601 et seq.) is expected to incur - that are reasonably attributed to-- - (A) ensuring the efficient and effective routing of - calls made to the 9-8-8 national suicide prevention and - mental health crisis hotline to an appropriate crisis - center; and - (B) personnel and the provision of acute mental - health, crisis outreach and stabilization services by - directly responding to the 9-8-8 national suicide - prevention and mental health crisis hotline. + (1) In general.--Nothing in this Act, any amendment made by + this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), + or any Commission regulation or order may prevent the imposition + and collection of a fee or charge applicable to a commercial mobile + service or an IP-enabled voice service specifically designated by a + State, a political subdivision of a State, an Indian Tribe, or + village or regional corporation serving a region established + pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 + et seq.) for 9-8-8 related services, if the fee or charge is held + in a sequestered account to be obligated or expended only in + support of 9-8-8 services, or enhancements of such services, as + specified in the provision of State or local law adopting the fee + or charge. + (2) Use of 9-8-8 funds.--A fee or charge collected under this + subsection shall only be imposed, collected, and used to pay + expenses that a State, a political subdivision of a State, an + Indian Tribe, or village or regional corporation serving a region + established pursuant to the Alaska Native Claims Settlement Act (43 + U.S.C. 1601 et seq.) is expected to incur that are reasonably + attributed to-- + (A) ensuring the efficient and effective routing of calls + made to the 9-8-8 national suicide prevention and mental health + crisis hotline to an appropriate crisis center; and + (B) personnel and the provision of acute mental health, + crisis outreach and stabilization services by directly + responding to the 9-8-8 national suicide prevention and mental + health crisis hotline. (b) Fee Accountability Report.--To ensure efficiency, transparency, and accountability in the collection and expenditure of a fee or charge for the support or implementation of 9-8-8 services, not later than 2 @@ -113,36 +111,33 @@ thereafter, the Commission shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that-- - (1) details the status in each State, political subdivision - of a State, Indian Tribe, or village or regional corporation - serving a region established pursuant to the Alaska Native - Claims Settlement Act (43 U.S.C. 1601 et seq.) of the - collection and distribution of such fees or charges; and - (2) includes findings on the amount of revenues obligated - or expended by each State, political subdivision of a State, - Indian Tribe, or village or regional corporation serving a - region established pursuant to the Alaska Native Claims - Settlement Act (43 U.S.C. 1601 et seq.) for any purpose other - than the purpose for which any such fees or charges are - specified. + (1) details the status in each State, political subdivision of + a State, Indian Tribe, or village or regional corporation serving a + region established pursuant to the Alaska Native Claims Settlement + Act (43 U.S.C. 1601 et seq.) of the collection and distribution of + such fees or charges; and + (2) includes findings on the amount of revenues obligated or + expended by each State, political subdivision of a State, Indian + Tribe, or village or regional corporation serving a region + established pursuant to the Alaska Native Claims Settlement Act (43 + U.S.C. 1601 et seq.) for any purpose other than the purpose for + which any such fees or charges are specified. (c) Definitions.--In this section: - (1) Commercial mobile service.--The term ``commercial - mobile service'' has the meaning given that term under section - 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). - (2) Commission.--The term ``Commission'' means the Federal - Communications Commission. - (3) IP-enabled voice service.--The term ``IP-enabled voice - service'' shall include-- - (A) an interconnected VoIP service, as defined in - section 9.3 of the title 47 of the Code of Federal - Regulations, or any successor thereto; and - (B) a one-way interconnected VoIP service. - (4) State.--The term ``State'' has the meaning given that - term in section 7 of the Wireless Communications and Public - Safety Act of 1999 (47 U.S.C. 615b). - + (1) Commercial mobile service.--The term ``commercial mobile + service'' has the meaning given that term under section 332(d) of + the Communications Act of 1934 (47 U.S.C. 332(d)). + (2) Commission.--The term ``Commission'' means the Federal + Communications Commission. + (3) IP-enabled voice service.--The term ``IP-enabled voice + service'' shall include-- + (A) an interconnected VoIP service, as defined in section + 9.3 of the title 47 of the Code of Federal Regulations, or any + successor thereto; and + (B) a one-way interconnected VoIP service. + (4) State.--The term ``State'' has the meaning given that term + in section 7 of the Wireless Communications and Public Safety Act + of 1999 (47 U.S.C. 615b). SEC. 5. LOCATION IDENTIFICATION REPORT. - (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall submit to the appropriate committees a report that examines the @@ -152,89 +147,68 @@ technological platform used and including with calls from multi-line telephone systems (as defined in section 6502 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1471)). (b) Definitions.--In this section: - (1) Appropriate committees.--The term ``appropriate - committees'' means the following: - (A) The Committee on Commerce, Science, and - Transportation of the Senate. - (B) The Committee on Health, Education, Labor, and - Pensions of the Senate. - (C) The Committee on Energy and Commerce of the - House of Representatives. - (2) Dispatchable location.--The term ``dispatchable - location'' means the street address of the calling party and - additional information such as room number, floor number, or - similar information necessary to adequately identify the - location of the calling party. - + (1) Appropriate committees.--The term ``appropriate + committees'' means the following: + (A) The Committee on Commerce, Science, and Transportation + of the Senate. + (B) The Committee on Health, Education, Labor, and Pensions + of the Senate. + (C) The Committee on Energy and Commerce of the House of + Representatives. + (2) Dispatchable location.--The term ``dispatchable location'' + means the street address of the calling party and additional + information such as room number, floor number, or similar + information necessary to adequately identify the location of the + calling party. SEC. 6. REPORT ON CERTAIN TRAINING PROGRAMS. - (a) Sense of Congress.--It is the sense of Congress that-- - (1) youth who are lesbian, gay, bisexual, transgender, or - queer (referred to in this section as ``LGBTQ'') are more than - 4 times more likely to contemplate suicide than their peers, - with 1 in 5 LGBTQ youth and more than 1 in 3 transgender youth - reporting attempting suicide; - (2) American Indian and Alaska Natives have the highest - rate of suicide of any racial or ethnic group in the United - States with a suicide rate over 3.5 times higher than the - racial or ethnic group with the lowest rate, with the suicide - rate increasing, since 1999, by 139 percent for American Indian - women and 71 percent for men; - (3) between 2001 and 2015, the suicide death rate in rural - counties in the United States was 17.32 per 100,000 - individuals, which is significantly greater than the national - average, and the data shows that between that same time period, - suicide rates increased for all age groups across all counties - in the United States, with the highest rates and the greatest - increases being in more rural counties; and - (4) the Substance Abuse and Mental Health Services - Administration must be equipped to provide specialized - resources to these and other high-risk populations. + (1) youth who are lesbian, gay, bisexual, transgender, or queer + (referred to in this section as ``LGBTQ'') are more than 4 times + more likely to contemplate suicide than their peers, with 1 in 5 + LGBTQ youth and more than 1 in 3 transgender youth reporting + attempting suicide; + (2) American Indian and Alaska Natives have the highest rate of + suicide of any racial or ethnic group in the United States with a + suicide rate over 3.5 times higher than the racial or ethnic group + with the lowest rate, with the suicide rate increasing, since 1999, + by 139 percent for American Indian women and 71 percent for men; + (3) between 2001 and 2015, the suicide death rate in rural + counties in the United States was 17.32 per 100,000 individuals, + which is significantly greater than the national average, and the + data shows that between that same time period, suicide rates + increased for all age groups across all counties in the United + States, with the highest rates and the greatest increases being in + more rural counties; and + (4) the Substance Abuse and Mental Health Services + Administration must be equipped to provide specialized resources to + these and other high-risk populations. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary for Mental Health and Substance Use shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that-- - (1) details a strategy, to be developed in consultation - with the Centers for Disease Control and Prevention, the - National Institute of Mental Health, and organizations capable - of providing nationwide suicide prevention and crisis services - for LGBTQ youth, minorities, rural individuals, or other high- - risk populations, for the Substance Abuse and Mental Health - Services Administration to offer, support, or provide technical - assistance to training programs for National Suicide Prevention - Lifeline counselors to increase competency in serving high-risk - populations; and - (2) includes recommendations regarding-- - (A) the facilitation of access to services that are - provided to specially trained staff and partner - organizations for LGBTQ youth, minorities, rural - individuals, and other high-risk populations; and - (B) a strategy for optimally implementing an - Integrated Voice Response, or other equally effective - mechanism, to allow National Suicide Prevention - Lifeline callers who are LGBTQ youth, minorities, rural - individuals, or members of other high-risk populations - to access specialized services. - - Passed the Senate May 13, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 2661 - -_______________________________________________________________________ - - AN ACT - - To amend the Communications Act of 1934 to designate 9-8-8 as the - universal telephone number for the purpose of the national suicide - prevention and mental health crisis hotline system operating through - the National Suicide Prevention Lifeline and through the Veterans - Crisis Line, and for other purposes. + (1) details a strategy, to be developed in consultation with + the Centers for Disease Control and Prevention, the National + Institute of Mental Health, and organizations capable of providing + nationwide suicide prevention and crisis services for LGBTQ youth, + minorities, rural individuals, or other high-risk populations, for + the Substance Abuse and Mental Health Services Administration to + offer, support, or provide technical assistance to training + programs for National Suicide Prevention Lifeline counselors to + increase competency in serving high-risk populations; and + (2) includes recommendations regarding-- + (A) the facilitation of access to services that are + provided to specially trained staff and partner organizations + for LGBTQ youth, minorities, rural individuals, and other high- + risk populations; and + (B) a strategy for optimally implementing an Integrated + Voice Response, or other equally effective mechanism, to allow + National Suicide Prevention Lifeline callers who are LGBTQ + youth, minorities, rural individuals, or members of other high- + risk populations to access specialized services. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 66aefc2918962aed4f694d96c659c84c681e05be Mon Sep 17 00:00:00 2001 From: "Sen. Burr, Richard [R-NC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 887/984] Senate-2683: Introduced to Senate --- bills_text/Senate-2683.txt | 127 +++++++++++++++++++++++++++++++++++++ 1 file changed, 127 insertions(+) create mode 100644 bills_text/Senate-2683.txt diff --git a/bills_text/Senate-2683.txt b/bills_text/Senate-2683.txt new file mode 100644 index 0000000..c14c2d2 --- /dev/null +++ b/bills_text/Senate-2683.txt @@ -0,0 +1,127 @@ +116th CONGRESS + 1st Session + S. 2683 + + To establish a task force to assist States in implementing hiring + requirements for child care staff members to improve child safety. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 23, 2019 + + Mr. Burr (for himself and Mr. Van Hollen) introduced the following + bill; which was read twice and referred to the Committee on Health, + Education, Labor, and Pensions + +_______________________________________________________________________ + + A BILL + + + + To establish a task force to assist States in implementing hiring + requirements for child care staff members to improve child safety. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Child Care Protection Improvement +Act of 2019''. + +SEC. 2. TASK FORCE TO ASSIST IN IMPROVING CHILD SAFETY. + + (a) Establishment.--There is established a task force, to be known +as the Interagency Task Force for Child Safety (referred to in this +section as the ``Task Force'') to identify, evaluate, and recommend +best practices and technical assistance to assist Federal and State +agencies in fully implementing the requirements of section 658H(b) of +the Child Care and Development Block Grant Act of 1990 (42 U.S.C. +9858f(b)) for child care staff members. + (b) Composition.--Not later than 60 days after the date of +enactment of this Act, the President shall appoint the members of the +Task Force, which shall include-- + (1) the Director of the Office of Child Care of the + Department of Health and Human Services (or the Director's + designee), the Associate Commissioner of the Children's Bureau + of the Department of Health and Human Services (or the + Associate Commissioner's designee), and the Director of the + Federal Bureau of Investigation (or the Director's designee); + and + (2) such other Federal officials (or their designees) as + may be designated by the President. + (c) Chairperson.--The chairperson of the Task Force shall be the +Assistant Secretary of the Administration for Children and Families. + (d) Consultation.--The Task Force shall consult with +representatives from State child care agencies, State child protective +services, State criminal justice agencies, and other relevant +stakeholders on identifying problems in implementing, and proposing +solutions to implement, the requirements of section 658H(b) of the +Child Care and Development Block Grant Act of 1990, as described in +that section. + (e) Task Force Duties.--The Task Force shall-- + (1) develop recommendations for improving implementation of + the requirements of section 658H(b) of the Child Care and + Development Block Grant Act of 1990, including recommendations + about how the Task Force and member agencies will collaborate + and coordinate efforts to implement such requirements, as + described in that section; and + (2) develop recommendations in which the Task Force + identifies best practices and evaluates technical assistance to + assist relevant Federal and State agencies in implementing + section 658H(b) of the Child Care and Development Block Grant + Act of 1990, which identification and evaluation shall + include-- + (A) an analysis of available research and + information at the Federal and State level regarding + the status of the interstate requirements of that + section for child care staff members who have resided + in one or more States during the previous 5 years and + who seek employment in a child care program in a + different State; + (B) a list of State agencies that are not + responding to interstate requests covered by that + section for relevant information on child care staff + members; + (C) identification of the challenges State agencies + are experiencing in responding to such interstate + requests; + (D) an analysis of the length of time it takes the + State agencies in a State to receive such results from + State agencies in another State in response to such an + interstate request, in accordance with that section; + (E) an analysis of the average processing time for + the interstate requests, in accordance with that + section; + (F) identification of the fees associated with the + interstate requests in each State to meet requirements, + in accordance with that section; + (G) a list of States that are participating in the + National Fingerprint File program, as administered by + the Federal Bureau of Investigation, and an analysis of + reasons States have or have not chosen to participate + in the program, including barriers to participation + such as barriers related to State regulatory + requirements and statutes; and + (H) a list of States that have closed record laws + or systems that prevent the States from sharing + complete criminal records data or information with + State agencies in another State. + (f) Meetings.--Not later than 3 months after the date of enactment +of this Act, the Task Force shall hold its first meeting. + (g) Final Report.--Not later than 1 year after the first meeting of +the Task Force, the Task Force shall submit to the Secretary of Health +and Human Services, the Committee on Health, Education, Labor, and +Pensions of the Senate, and the Committee on Education and Labor of the +House of Representatives a final report containing all of the +recommendations required by paragraphs (1) and (2) of subsection (e). + (h) Exemption From FACA.--The Federal Advisory Committee Act (5 +U.S.C. App.) shall not apply to the Task Force. + (i) Sunset.--The Task Force shall terminate 1 year after submitting +its final report, but not later than the end of fiscal year 2021. + \ No newline at end of file From 3bc8bb08970025adcd9cd37acf8bb1e00fae6a7d Mon Sep 17 00:00:00 2001 From: "Sen. Burr, Richard [R-NC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 888/984] Senate-2683: Engrossed in Senate --- bills_text/Senate-2683.txt | 103 +++++++++++++++++++++++-------------- 1 file changed, 63 insertions(+), 40 deletions(-) diff --git a/bills_text/Senate-2683.txt b/bills_text/Senate-2683.txt index c14c2d2..dda74f8 100644 --- a/bills_text/Senate-2683.txt +++ b/bills_text/Senate-2683.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2683 - To establish a task force to assist States in implementing hiring - requirements for child care staff members to improve child safety. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - October 23, 2019 - - Mr. Burr (for himself and Mr. Van Hollen) introduced the following - bill; which was read twice and referred to the Committee on Health, - Education, Labor, and Pensions - _______________________________________________________________________ - A BILL + AN ACT @@ -32,7 +17,7 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Protection Improvement -Act of 2019''. +Act of 2020''. SEC. 2. TASK FORCE TO ASSIST IN IMPROVING CHILD SAFETY. @@ -45,25 +30,30 @@ the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f(b)) for child care staff members. (b) Composition.--Not later than 60 days after the date of enactment of this Act, the President shall appoint the members of the -Task Force, which shall include-- - (1) the Director of the Office of Child Care of the - Department of Health and Human Services (or the Director's - designee), the Associate Commissioner of the Children's Bureau - of the Department of Health and Human Services (or the - Associate Commissioner's designee), and the Director of the - Federal Bureau of Investigation (or the Director's designee); - and - (2) such other Federal officials (or their designees) as - may be designated by the President. +Task Force, which shall-- + (1) consist of only Federal officers and employees; and + (2) include-- + (A) the Director of the Office of Child Care of the + Department of Health and Human Services (or the + Director's designee), the Associate Commissioner of the + Children's Bureau of the Department of Health and Human + Services (or the Associate Commissioner's designee), + and the Director of the Federal Bureau of Investigation + (or the Director's designee); and + (B) such other Federal officers and employees (or + their designees) as may be appointed by the President. (c) Chairperson.--The chairperson of the Task Force shall be the -Assistant Secretary of the Administration for Children and Families. +Assistant Secretary of the Administration for Children and Families of +the Department of Health and Human Services. (d) Consultation.--The Task Force shall consult with representatives from State child care agencies, State child protective -services, State criminal justice agencies, and other relevant +services, State criminal justice agencies, providers of child care +services, including providers in the private sector, and other relevant stakeholders on identifying problems in implementing, and proposing solutions to implement, the requirements of section 658H(b) of the Child Care and Development Block Grant Act of 1990, as described in -that section. +that section. Such consultation shall include consultation with State +agencies that are at different stages of such implementation. (e) Task Force Duties.--The Task Force shall-- (1) develop recommendations for improving implementation of the requirements of section 658H(b) of the Child Care and @@ -78,7 +68,7 @@ that section. Act of 1990, which identification and evaluation shall include-- (A) an analysis of available research and - information at the Federal and State level regarding + information at the Federal and State levels regarding the status of the interstate requirements of that section for child care staff members who have resided in one or more States during the previous 5 years and @@ -98,9 +88,17 @@ that section. (E) an analysis of the average processing time for the interstate requests, in accordance with that section; - (F) identification of the fees associated with the - interstate requests in each State to meet requirements, - in accordance with that section; + (F) identification of any fees (and entities + responsible for paying any such fees) associated with + the interstate requests in each State to meet + requirements, in accordance with section 658H of the + Child Care and Development Block Grant Act of 1990 (42 + U.S.C. 9858f), including identification of-- + (i) the extent to which such fees are + consistent with subsection (f) of that section; + and + (ii) information regarding factors that + impact such fees; (G) a list of States that are participating in the National Fingerprint File program, as administered by the Federal Bureau of Investigation, and an analysis of @@ -119,9 +117,34 @@ the Task Force, the Task Force shall submit to the Secretary of Health and Human Services, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives a final report containing all of the -recommendations required by paragraphs (1) and (2) of subsection (e). - (h) Exemption From FACA.--The Federal Advisory Committee Act (5 +recommendations required by paragraphs (1) and (2) of subsection (e). +The report shall also include a list of the members of the Task Force, +the agencies such members represent, and the individuals and entities +with whom the Task Force consulted under subsection (d). + (h) No Compensation for Members.--A member of the Task Force shall +serve without compensation in addition to any compensation received for +the service of the member as an officer or employee of the United +States. + (i) Exemption From FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. - (i) Sunset.--The Task Force shall terminate 1 year after submitting -its final report, but not later than the end of fiscal year 2021. - \ No newline at end of file + (j) Sunset.--The Task Force shall terminate 1 year after submitting +its final report under subsection (g), but not later than the end of +fiscal year 2021. + + Passed the Senate March 5, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2683 + +_______________________________________________________________________ + + AN ACT + + To establish a task force to assist States in implementing hiring + requirements for child care staff members to improve child safety. From 9ff65ac45850a5c8e6670984bc268ec2e1362005 Mon Sep 17 00:00:00 2001 From: "Sen. Burr, Richard [R-NC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 889/984] Senate-2683: Enrolled --- bills_text/Senate-2683.txt | 169 +++++++++++++++++-------------------- 1 file changed, 76 insertions(+), 93 deletions(-) diff --git a/bills_text/Senate-2683.txt b/bills_text/Senate-2683.txt index dda74f8..0b31262 100644 --- a/bills_text/Senate-2683.txt +++ b/bills_text/Senate-2683.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 2683 + S.2683 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -13,14 +22,10 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Child Care Protection Improvement Act of 2020''. - SEC. 2. TASK FORCE TO ASSIST IN IMPROVING CHILD SAFETY. - (a) Establishment.--There is established a task force, to be known as the Interagency Task Force for Child Safety (referred to in this section as the ``Task Force'') to identify, evaluate, and recommend @@ -31,17 +36,17 @@ the Child Care and Development Block Grant Act of 1990 (42 U.S.C. (b) Composition.--Not later than 60 days after the date of enactment of this Act, the President shall appoint the members of the Task Force, which shall-- - (1) consist of only Federal officers and employees; and - (2) include-- - (A) the Director of the Office of Child Care of the - Department of Health and Human Services (or the - Director's designee), the Associate Commissioner of the - Children's Bureau of the Department of Health and Human - Services (or the Associate Commissioner's designee), - and the Director of the Federal Bureau of Investigation - (or the Director's designee); and - (B) such other Federal officers and employees (or - their designees) as may be appointed by the President. + (1) consist of only Federal officers and employees; and + (2) include-- + (A) the Director of the Office of Child Care of the + Department of Health and Human Services (or the Director's + designee), the Associate Commissioner of the Children's Bureau + of the Department of Health and Human Services (or the + Associate Commissioner's designee), and the Director of the + Federal Bureau of Investigation (or the Director's designee); + and + (B) such other Federal officers and employees (or their + designees) as may be appointed by the President. (c) Chairperson.--The chairperson of the Task Force shall be the Assistant Secretary of the Administration for Children and Families of the Department of Health and Human Services. @@ -55,61 +60,53 @@ Child Care and Development Block Grant Act of 1990, as described in that section. Such consultation shall include consultation with State agencies that are at different stages of such implementation. (e) Task Force Duties.--The Task Force shall-- - (1) develop recommendations for improving implementation of - the requirements of section 658H(b) of the Child Care and - Development Block Grant Act of 1990, including recommendations - about how the Task Force and member agencies will collaborate - and coordinate efforts to implement such requirements, as - described in that section; and - (2) develop recommendations in which the Task Force - identifies best practices and evaluates technical assistance to - assist relevant Federal and State agencies in implementing - section 658H(b) of the Child Care and Development Block Grant - Act of 1990, which identification and evaluation shall - include-- - (A) an analysis of available research and - information at the Federal and State levels regarding - the status of the interstate requirements of that - section for child care staff members who have resided - in one or more States during the previous 5 years and - who seek employment in a child care program in a - different State; - (B) a list of State agencies that are not - responding to interstate requests covered by that - section for relevant information on child care staff - members; - (C) identification of the challenges State agencies - are experiencing in responding to such interstate - requests; - (D) an analysis of the length of time it takes the - State agencies in a State to receive such results from - State agencies in another State in response to such an - interstate request, in accordance with that section; - (E) an analysis of the average processing time for - the interstate requests, in accordance with that - section; - (F) identification of any fees (and entities - responsible for paying any such fees) associated with - the interstate requests in each State to meet - requirements, in accordance with section 658H of the - Child Care and Development Block Grant Act of 1990 (42 - U.S.C. 9858f), including identification of-- - (i) the extent to which such fees are - consistent with subsection (f) of that section; - and - (ii) information regarding factors that - impact such fees; - (G) a list of States that are participating in the - National Fingerprint File program, as administered by - the Federal Bureau of Investigation, and an analysis of - reasons States have or have not chosen to participate - in the program, including barriers to participation - such as barriers related to State regulatory - requirements and statutes; and - (H) a list of States that have closed record laws - or systems that prevent the States from sharing - complete criminal records data or information with - State agencies in another State. + (1) develop recommendations for improving implementation of the + requirements of section 658H(b) of the Child Care and Development + Block Grant Act of 1990, including recommendations about how the + Task Force and member agencies will collaborate and coordinate + efforts to implement such requirements, as described in that + section; and + (2) develop recommendations in which the Task Force identifies + best practices and evaluates technical assistance to assist + relevant Federal and State agencies in implementing section 658H(b) + of the Child Care and Development Block Grant Act of 1990, which + identification and evaluation shall include-- + (A) an analysis of available research and information at + the Federal and State levels regarding the status of the + interstate requirements of that section for child care staff + members who have resided in one or more States during the + previous 5 years and who seek employment in a child care + program in a different State; + (B) a list of State agencies that are not responding to + interstate requests covered by that section for relevant + information on child care staff members; + (C) identification of the challenges State agencies are + experiencing in responding to such interstate requests; + (D) an analysis of the length of time it takes the State + agencies in a State to receive such results from State agencies + in another State in response to such an interstate request, in + accordance with that section; + (E) an analysis of the average processing time for the + interstate requests, in accordance with that section; + (F) identification of any fees (and entities responsible + for paying any such fees) associated with the interstate + requests in each State to meet requirements, in accordance with + section 658H of the Child Care and Development Block Grant Act + of 1990 (42 U.S.C. 9858f), including identification of-- + (i) the extent to which such fees are consistent with + subsection (f) of that section; and + (ii) information regarding factors that impact such + fees; + (G) a list of States that are participating in the National + Fingerprint File program, as administered by the Federal Bureau + of Investigation, and an analysis of reasons States have or + have not chosen to participate in the program, including + barriers to participation such as barriers related to State + regulatory requirements and statutes; and + (H) a list of States that have closed record laws or + systems that prevent the States from sharing complete criminal + records data or information with State agencies in another + State. (f) Meetings.--Not later than 3 months after the date of enactment of this Act, the Task Force shall hold its first meeting. (g) Final Report.--Not later than 1 year after the first meeting of @@ -128,23 +125,9 @@ States. (i) Exemption From FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (j) Sunset.--The Task Force shall terminate 1 year after submitting -its final report under subsection (g), but not later than the end of -fiscal year 2021. - - Passed the Senate March 5, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session +its final report under subsection (g). - S. 2683 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - - To establish a task force to assist States in implementing hiring - requirements for child care staff members to improve child safety. + Vice President of the United States and + President of the Senate. From be6eb738b8b71f3632e2b4127d172b6b7b48fa6a Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 890/984] Senate-2710: Introduced to Senate --- bills_text/Senate-2710.txt | 70 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 70 insertions(+) create mode 100644 bills_text/Senate-2710.txt diff --git a/bills_text/Senate-2710.txt b/bills_text/Senate-2710.txt new file mode 100644 index 0000000..516577d --- /dev/null +++ b/bills_text/Senate-2710.txt @@ -0,0 +1,70 @@ +116th CONGRESS + 1st Session + S. 2710 + + To prohibit the commercial export of covered munitions items to the + Hong Kong Police Force. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 24, 2019 + + Mr. Merkley (for himself, Mr. Cornyn, Mr. Markey, Mrs. Blackburn, Mr. + Leahy, Mr. Scott of Florida, Mr. Coons, Mr. Wicker, Mr. Blumenthal, +Mrs. Gillibrand, Mr. Cardin, Mr. Inhofe, and Mr. Wyden) introduced the + following bill; which was read twice and referred to the Committee on + Banking, Housing, and Urban Affairs + +_______________________________________________________________________ + + A BILL + + + + To prohibit the commercial export of covered munitions items to the + Hong Kong Police Force. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DEFINITIONS. + + (1) Appropriate congressional committees.--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) Covered munitions items.--The term ``covered munitions + items'' means tear gas, pepper spray, rubber bullets, foam + rounds, bean bag rounds, pepper balls, water cannons, + handcuffs, shackles, stun guns, and tasers. + (3) Hong kong.--The term ``Hong Kong'' has the meaning + given such term in section 3 of the United States-Hong Kong + Policy Act of 1992 (22 U.S.C. 5702). + (4) Hong kong police force.--The term ``Hong Kong Police + Force'' means-- + (A) the Hong Kong Police Force; and + (B) the Hong Kong Auxiliary Police Force. + +SEC. 2. PROHIBITION ON COMMERCIAL EXPORT OF COVERED MUNITIONS ITEMS TO + THE HONG KONG POLICE FORCE. + + (a) In General.--Except as provided in subsection (b), beginning on +the date that is 30 days after the date of the enactment of this Act, +the President shall prohibit the issuance of licenses to export covered +munitions items to the Hong Kong Police Force. + (b) Exceptions.--The prohibition set forth in subsection (a) shall +not apply to the issuance of a license with respect to which the +President submits to the appropriate congressional committees, not +fewer than 30 days before the date of such issuance, a written notice-- + (1) certifying that the exports to be covered by such + license are important to the national interests and foreign + policy goals of the United States; and + (2) describing the manner in which such exports will + promote such interests and goals. + \ No newline at end of file From 1f30a093713db1517fa491cf863388ba0cf63595 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 891/984] Senate-2710: Engrossed in Senate --- bills_text/Senate-2710.txt | 46 +++++++++++++++++++++----------------- 1 file changed, 26 insertions(+), 20 deletions(-) diff --git a/bills_text/Senate-2710.txt b/bills_text/Senate-2710.txt index 516577d..b9ebe95 100644 --- a/bills_text/Senate-2710.txt +++ b/bills_text/Senate-2710.txt @@ -2,26 +2,9 @@ 1st Session S. 2710 - To prohibit the commercial export of covered munitions items to the - Hong Kong Police Force. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - October 24, 2019 - - Mr. Merkley (for himself, Mr. Cornyn, Mr. Markey, Mrs. Blackburn, Mr. - Leahy, Mr. Scott of Florida, Mr. Coons, Mr. Wicker, Mr. Blumenthal, -Mrs. Gillibrand, Mr. Cardin, Mr. Inhofe, and Mr. Wyden) introduced the - following bill; which was read twice and referred to the Committee on - Banking, Housing, and Urban Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -35,7 +18,8 @@ SECTION 1. DEFINITIONS. (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- - (A) the Committee on Foreign Relations of the + (A) the Committee on Banking, Housing, and Urban + Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. @@ -67,4 +51,26 @@ fewer than 30 days before the date of such issuance, a written notice-- policy goals of the United States; and (2) describing the manner in which such exports will promote such interests and goals. - \ No newline at end of file + +SEC. 3. SUNSET. + + The prohibition under section 2 shall expire one year after the +date of the enactment of this Act. + + Passed the Senate November 19, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 2710 + +_______________________________________________________________________ + + AN ACT + + To prohibit the commercial export of covered munitions items to the + Hong Kong Police Force. From 4ec96d560eaa3ed6bd284dd3f262b29310dc25eb Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 892/984] Senate-2710: Enrolled --- bills_text/Senate-2710.txt | 95 +++++++++++++++++--------------------- 1 file changed, 42 insertions(+), 53 deletions(-) diff --git a/bills_text/Senate-2710.txt b/bills_text/Senate-2710.txt index b9ebe95..53dac41 100644 --- a/bills_text/Senate-2710.txt +++ b/bills_text/Senate-2710.txt @@ -1,43 +1,47 @@ -116th CONGRESS - 1st Session - S. 2710 + S.2710 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE FIRST SESSION + + Begun and held at the City of Washington on Thursday, + the third day of January, two thousand and nineteen + + + An Act - To prohibit the commercial export of covered munitions items to the - Hong Kong Police Force. +To prohibit the commercial export of covered munitions items to the Hong + Kong Police Force. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DEFINITIONS. - - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Banking, Housing, and Urban - Affairs and the Committee on Foreign Relations of the - Senate; and - (B) the Committee on Foreign Affairs of the House - of Representatives. - (2) Covered munitions items.--The term ``covered munitions - items'' means tear gas, pepper spray, rubber bullets, foam - rounds, bean bag rounds, pepper balls, water cannons, - handcuffs, shackles, stun guns, and tasers. - (3) Hong kong.--The term ``Hong Kong'' has the meaning - given such term in section 3 of the United States-Hong Kong - Policy Act of 1992 (22 U.S.C. 5702). - (4) Hong kong police force.--The term ``Hong Kong Police - Force'' means-- - (A) the Hong Kong Police Force; and - (B) the Hong Kong Auxiliary Police Force. - + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Banking, Housing, and Urban Affairs + and the Committee on Foreign Relations of the Senate; and + (B) the Committee on Foreign Affairs of the House of + Representatives. + (2) Covered munitions items.--The term ``covered munitions + items'' means tear gas, pepper spray, rubber bullets, foam rounds, + bean bag rounds, pepper balls, water cannons, handcuffs, shackles, + stun guns, and tasers. + (3) Hong kong.--The term ``Hong Kong'' has the meaning given + such term in section 3 of the United States-Hong Kong Policy Act of + 1992 (22 U.S.C. 5702). + (4) Hong kong police force.--The term ``Hong Kong Police + Force'' means-- + (A) the Hong Kong Police Force; and + (B) the Hong Kong Auxiliary Police Force. SEC. 2. PROHIBITION ON COMMERCIAL EXPORT OF COVERED MUNITIONS ITEMS TO - THE HONG KONG POLICE FORCE. - +THE HONG KONG POLICE FORCE. (a) In General.--Except as provided in subsection (b), beginning on the date that is 30 days after the date of the enactment of this Act, the President shall prohibit the issuance of licenses to export covered @@ -46,31 +50,16 @@ munitions items to the Hong Kong Police Force. not apply to the issuance of a license with respect to which the President submits to the appropriate congressional committees, not fewer than 30 days before the date of such issuance, a written notice-- - (1) certifying that the exports to be covered by such - license are important to the national interests and foreign - policy goals of the United States; and - (2) describing the manner in which such exports will - promote such interests and goals. - + (1) certifying that the exports to be covered by such license + are important to the national interests and foreign policy goals of + the United States; and + (2) describing the manner in which such exports will promote + such interests and goals. SEC. 3. SUNSET. - The prohibition under section 2 shall expire one year after the date of the enactment of this Act. - Passed the Senate November 19, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 2710 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To prohibit the commercial export of covered munitions items to the - Hong Kong Police Force. + Vice President of the United States and + President of the Senate. From 51e4539ad10a9efe0559e6c2e8c09fa7f5720f58 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 893/984] Senate-2730: Introduced to Senate --- bills_text/Senate-2730.txt | 114 +++++++++++++++++++++++++++++++++++++ 1 file changed, 114 insertions(+) create mode 100644 bills_text/Senate-2730.txt diff --git a/bills_text/Senate-2730.txt b/bills_text/Senate-2730.txt new file mode 100644 index 0000000..246b09a --- /dev/null +++ b/bills_text/Senate-2730.txt @@ -0,0 +1,114 @@ +116th CONGRESS + 1st Session + S. 2730 + + To establish and ensure an inclusive and transparent Drone Advisory + Committee. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 29, 2019 + + Mr. Peters introduced the following bill; which was read twice and + referred to the Committee on Commerce, Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To establish and ensure an inclusive and transparent Drone Advisory + Committee. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Drone Advisory Committee for the +21st Century Act''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) In 2016, a Drone Advisory Committee (in this section + referred to as the ``DAC'') was established at the Federal + Aviation Administration (in this Act referred to as the + ``FAA'') as a broad-based, long-term Federal advisory committee + to provide the FAA with advice on key unmanned aircraft systems + (in this Act referred to as ``UAS'') integration issues by + helping to identify challenges and prioritize improvements. + (2) Pursuant to FAA Order 1110.157, dated June 15, 2018, + the DAC is charged with helping create broad support for an + overall UAS integration strategy and vision. + (3) As of the date of introduction of this legislation, no + direct representatives from rural America or the agriculture, + forestry, or rangeland sectors were members of the DAC. + (4) According to the FAA's 2019 market forecast, the market + for UAS is growing faster than anticipated. + (5) The agricultural drone market has an estimated value in + the realm of $250,000,000 and is predicted to grow + substantially. + (6) Recent studies have suggested as many as three out of + every four farmers in the United States ``are currently using + or considering adopting [UAS] technology to assess, monitor and + manage their farm''. + (7) Rural counties are the majority of counties in the + United States. + (8) Pursuant to the Federal Advisory Committee Act, + Congress is to determine whether or not the Federal advisory + committees are ``fairly balanced in terms of the points of view + represented''. + +SEC. 3. DRONE ADVISORY COMMITTEE. + + (a) Establishment.--The FAA shall maintain a Drone Advisory +Committee (in this section referred to as the ``Committee''). + (b) Duties.--The Committee shall provide independent advice and +recommendations to, and respond to specific other tasks requested by, +the FAA regarding issues involving the efficiency and safety of +integrating unmanned aircraft systems into the National Airspace +System. + (c) Charter.-- + (1) In general.--There shall be a charter to govern the + structure and mission of the Committee. + (2) Updates.--The Administrator of the FAA (in this section + referred to as the ``Administrator'') shall-- + (A) review the charter under paragraph (1) not less + frequently than once every two years; and + (B) update such charter as appropriate. + (d) Membership.-- + (1) In general.--The Committee shall consist of individuals + with a balance of backgrounds, experiences, and viewpoints, and + shall include individuals that directly represent-- + (A) airports and airport communities; + (B) labor (such as controllers and pilots); + (C) State, county, city, and Tribal governments; + (D) navigation, communication, surveillance, and + air traffic management capability providers; + (E) research, development, and academia; + (F) traditional manned aviation operators; + (G) UAS hardware component manufacturers; + (H) UAS manufacturers; + (I) UAS operators, including agriculture, forestry, + and rangeland sectors; + (J) UAS software application manufacturers; and + (K) other sectors determined appropriate by the + Administrator. + (2) Public participation.--To the maximum extent + practicable, the Administrator shall include public + participation in the process of nominating individuals for + membership on the Committee. + (e) Transparency.--The Administrator shall ensure that the +Committee complies with the requirements under-- + (1) the Federal Advisory Committee Act (5 U.S.C. App.); and + (2) section 552b of title 5, United States Code (commonly + known as the ``Government in the Sunshine Act''). + (f) Funding.--There are authorized to be appropriated such sums as +may be necessary to carry out this section. + \ No newline at end of file From 13d7abdc3c643c9d6b3ebc96bb97a81209e00c0b Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 894/984] Senate-2730: Engrossed in Senate --- bills_text/Senate-2730.txt | 139 +++++++++++++------------------------ 1 file changed, 48 insertions(+), 91 deletions(-) diff --git a/bills_text/Senate-2730.txt b/bills_text/Senate-2730.txt index 246b09a..a0ce867 100644 --- a/bills_text/Senate-2730.txt +++ b/bills_text/Senate-2730.txt @@ -1,24 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2730 - To establish and ensure an inclusive and transparent Drone Advisory - Committee. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - October 29, 2019 - - Mr. Peters introduced the following bill; which was read twice and - referred to the Committee on Commerce, Science, and Transportation - _______________________________________________________________________ - A BILL + AN ACT @@ -33,82 +19,53 @@ SECTION 1. SHORT TITLE. This Act may be cited as the ``Drone Advisory Committee for the 21st Century Act''. -SEC. 2. FINDINGS. - - Congress finds the following: - (1) In 2016, a Drone Advisory Committee (in this section - referred to as the ``DAC'') was established at the Federal - Aviation Administration (in this Act referred to as the - ``FAA'') as a broad-based, long-term Federal advisory committee - to provide the FAA with advice on key unmanned aircraft systems - (in this Act referred to as ``UAS'') integration issues by - helping to identify challenges and prioritize improvements. - (2) Pursuant to FAA Order 1110.157, dated June 15, 2018, - the DAC is charged with helping create broad support for an - overall UAS integration strategy and vision. - (3) As of the date of introduction of this legislation, no - direct representatives from rural America or the agriculture, - forestry, or rangeland sectors were members of the DAC. - (4) According to the FAA's 2019 market forecast, the market - for UAS is growing faster than anticipated. - (5) The agricultural drone market has an estimated value in - the realm of $250,000,000 and is predicted to grow - substantially. - (6) Recent studies have suggested as many as three out of - every four farmers in the United States ``are currently using - or considering adopting [UAS] technology to assess, monitor and - manage their farm''. - (7) Rural counties are the majority of counties in the - United States. - (8) Pursuant to the Federal Advisory Committee Act, - Congress is to determine whether or not the Federal advisory - committees are ``fairly balanced in terms of the points of view - represented''. - -SEC. 3. DRONE ADVISORY COMMITTEE. - - (a) Establishment.--The FAA shall maintain a Drone Advisory -Committee (in this section referred to as the ``Committee''). - (b) Duties.--The Committee shall provide independent advice and -recommendations to, and respond to specific other tasks requested by, -the FAA regarding issues involving the efficiency and safety of -integrating unmanned aircraft systems into the National Airspace -System. - (c) Charter.-- - (1) In general.--There shall be a charter to govern the - structure and mission of the Committee. - (2) Updates.--The Administrator of the FAA (in this section - referred to as the ``Administrator'') shall-- - (A) review the charter under paragraph (1) not less - frequently than once every two years; and - (B) update such charter as appropriate. - (d) Membership.-- - (1) In general.--The Committee shall consist of individuals - with a balance of backgrounds, experiences, and viewpoints, and - shall include individuals that directly represent-- - (A) airports and airport communities; - (B) labor (such as controllers and pilots); - (C) State, county, city, and Tribal governments; - (D) navigation, communication, surveillance, and - air traffic management capability providers; - (E) research, development, and academia; - (F) traditional manned aviation operators; - (G) UAS hardware component manufacturers; - (H) UAS manufacturers; - (I) UAS operators, including agriculture, forestry, - and rangeland sectors; - (J) UAS software application manufacturers; and - (K) other sectors determined appropriate by the - Administrator. +SEC. 2. SENSE OF CONGRESS. + + It is the Sense of Congress that: + (1) Due to the ever-increasing use of Unmanned Aircraft + Systems in the agriculture, forestry, and rangeland sectors, as + well as the inherently different uses in less populated parts + of the nation, membership of the Drone Advisory Committee + established by the Federal Aviation Administration should, to + the extent practicable, include direct representatives from + county and tribal government, agriculture, forestry, and + rangeland interests. + (2) Full transparency in the work of the Drone Advisory + Committee is vital to ensuring the public can effectively + participate and contribute to the development of sound Federal + policies. The Administrator of the Federal Aviation + Administration should, to the maximum extent practicable, + ensure the work of the Drone Advisory Committee is shared with + and easily accessible to the public and shall ensure + transparency and openness in the manner in which the affairs of + the Committee are conducted. + +SEC. 3. DRONE ADVISORY COMMITTEE MEMBERSHIP. + + (1) In general.--The Federal Aviation Administration shall + take appropriate steps to encourage direct representation of + county and tribal governments as well as agriculture, forestry, + rangeland sectors, and other rural interests on the Drone + Advisory Committee. (2) Public participation.--To the maximum extent practicable, the Administrator shall include public participation in the process of nominating individuals for membership on the Committee. - (e) Transparency.--The Administrator shall ensure that the -Committee complies with the requirements under-- - (1) the Federal Advisory Committee Act (5 U.S.C. App.); and - (2) section 552b of title 5, United States Code (commonly - known as the ``Government in the Sunshine Act''). - (f) Funding.--There are authorized to be appropriated such sums as -may be necessary to carry out this section. - \ No newline at end of file + + Passed the Senate December 10, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2730 + +_______________________________________________________________________ + + AN ACT + + To establish and ensure an inclusive and transparent Drone Advisory + Committee. From 5f80c68aea15d9e8ca0e8daa16448b80b54eeeae Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 895/984] Senate-2730: Enrolled --- bills_text/Senate-2730.txt | 96 ++++++++++++++++---------------------- 1 file changed, 41 insertions(+), 55 deletions(-) diff --git a/bills_text/Senate-2730.txt b/bills_text/Senate-2730.txt index a0ce867..6eedd23 100644 --- a/bills_text/Senate-2730.txt +++ b/bills_text/Senate-2730.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 2730 + S.2730 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -13,59 +22,36 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Drone Advisory Committee for the 21st Century Act''. - SEC. 2. SENSE OF CONGRESS. - It is the Sense of Congress that: - (1) Due to the ever-increasing use of Unmanned Aircraft - Systems in the agriculture, forestry, and rangeland sectors, as - well as the inherently different uses in less populated parts - of the nation, membership of the Drone Advisory Committee - established by the Federal Aviation Administration should, to - the extent practicable, include direct representatives from - county and tribal government, agriculture, forestry, and - rangeland interests. - (2) Full transparency in the work of the Drone Advisory - Committee is vital to ensuring the public can effectively - participate and contribute to the development of sound Federal - policies. The Administrator of the Federal Aviation - Administration should, to the maximum extent practicable, - ensure the work of the Drone Advisory Committee is shared with - and easily accessible to the public and shall ensure - transparency and openness in the manner in which the affairs of - the Committee are conducted. - + (1) Due to the ever-increasing use of Unmanned Aircraft Systems + in the agriculture, forestry, and rangeland sectors, as well as the + inherently different uses in less populated parts of the nation, + membership of the Drone Advisory Committee established by the + Federal Aviation Administration should, to the extent practicable, + include direct representatives from county and tribal government, + agriculture, forestry, and rangeland interests. + (2) Full transparency in the work of the Drone Advisory + Committee is vital to ensuring the public can effectively + participate and contribute to the development of sound Federal + policies. The Administrator of the Federal Aviation Administration + should, to the maximum extent practicable, ensure the work of the + Drone Advisory Committee is shared with and easily accessible to + the public and shall ensure transparency and openness in the manner + in which the affairs of the Committee are conducted. SEC. 3. DRONE ADVISORY COMMITTEE MEMBERSHIP. - - (1) In general.--The Federal Aviation Administration shall - take appropriate steps to encourage direct representation of - county and tribal governments as well as agriculture, forestry, - rangeland sectors, and other rural interests on the Drone - Advisory Committee. - (2) Public participation.--To the maximum extent - practicable, the Administrator shall include public - participation in the process of nominating individuals for - membership on the Committee. - - Passed the Senate December 10, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 2730 - -_______________________________________________________________________ - - AN ACT - - To establish and ensure an inclusive and transparent Drone Advisory - Committee. + (1) In general.--The Federal Aviation Administration shall take + appropriate steps to encourage direct representation of county and + tribal governments as well as agriculture, forestry, rangeland + sectors, and other rural interests on the Drone Advisory Committee. + (2) Public participation.--To the maximum extent practicable, + the Administrator shall include public participation in the process + of nominating individuals for membership on the Committee. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 9f965cab2a794e289c4359f035c52cd2efa55dd4 Mon Sep 17 00:00:00 2001 From: "Sen. Cortez Masto, Catherine [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 896/984] Senate-2746: Introduced to Senate --- bills_text/Senate-2746.txt | 92 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 92 insertions(+) create mode 100644 bills_text/Senate-2746.txt diff --git a/bills_text/Senate-2746.txt b/bills_text/Senate-2746.txt new file mode 100644 index 0000000..356be58 --- /dev/null +++ b/bills_text/Senate-2746.txt @@ -0,0 +1,92 @@ +116th CONGRESS + 1st Session + S. 2746 + + To require the Director of the Federal Bureau of Investigation to +provide information on suicide rates in law enforcement, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + October 30, 2019 + + Ms. Cortez Masto (for herself, Mr. Hawley, Mr. Coons, Mr. Blunt, Mr. +Durbin, and Mr. Grassley) introduced the following bill; which was read + twice and referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To require the Director of the Federal Bureau of Investigation to +provide information on suicide rates in law enforcement, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Law Enforcement Suicide Data +Collection Act''. + +SEC. 2. INFORMATION ON SUICIDE IN LAW ENFORCEMENT. + + (a) Establishment.--Not later than 1 year after the date of +enactment of this Act, the Attorney General, acting through the +Director of the Federal Bureau of Investigation, shall establish, for +the purpose of preventing future law enforcement suicides and promoting +understanding of suicide in law enforcement, the Law Enforcement +Officers Suicide Data Collection Program, under which law enforcement +agencies may submit to the Director information on suicides and +attempted suicides within such law enforcement agencies, including +information on-- + (1) the circumstances and events that occurred before each + suicide or attempted suicide; + (2) the general location of each suicide or attempted + suicide; + (3) the demographic information of each law enforcement + officer who commits or attempts suicide; + (4) the occupational category, including criminal + investigator, corrections officer, line of duty officer, 911 + dispatch operator, of each law enforcement officer who commits + or attempts suicide; and + (5) the method used in each suicide or attempted suicide. + (b) Policies.--The Federal Bureau of Investigation shall work with +the Confidentiality and Data Access Committee of the Federal Committee +on Statistical Methodology to develop publication policies to manage +the risk of identity disclosure based upon the best practices +identified by other Federal statistical programs. + (c) Report.--Not later than 2 years after the date of enactment of +this Act, and annually thereafter, the Attorney General, acting through +the Director of the Federal Bureau of Investigation, shall submit to +Congress and publish on the website of the Federal Bureau of +Investigation a report containing the information submitted to the +Director pursuant to subsection (a). + (d) Confidentiality.--The report described under subsection (c) may +not include any personally identifiable information of a law +enforcement officer who commits or attempts suicide. + (e) Definitions.--In this section-- + (1) the term ``law enforcement agency'' means a Federal, + State, Tribal, or local agency engaged in the prevention, + detection, or investigation, prosecution, or adjudication of + any violation of the criminal laws of the United States, a + State, Tribal, or a political subdivision of a State; + (2) the term ``law enforcement officer'' means any current + or former officer (including a correctional officer), agent, or + employee of the United States, a State, Indian Tribe, or a + political subdivision of a State authorized by law to engage in + or supervise the prevention, detection, investigation, or + prosecution of any violation of the criminal laws of the United + States, a State, Indian Tribe, or a political subdivision of a + State; and + (3) the term ``State'' means each of the several States, + the District of Columbia, and any commonwealth, territory, or + possession of the United States. + \ No newline at end of file From befe9891756206e2a8dee4d55c02ec73db6aba94 Mon Sep 17 00:00:00 2001 From: "Sen. Cortez Masto, Catherine [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 897/984] Senate-2746: Engrossed in Senate --- bills_text/Senate-2746.txt | 40 ++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 19 deletions(-) diff --git a/bills_text/Senate-2746.txt b/bills_text/Senate-2746.txt index 356be58..e712f12 100644 --- a/bills_text/Senate-2746.txt +++ b/bills_text/Senate-2746.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2746 - To require the Director of the Federal Bureau of Investigation to -provide information on suicide rates in law enforcement, and for other - purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - October 30, 2019 - - Ms. Cortez Masto (for herself, Mr. Hawley, Mr. Coons, Mr. Blunt, Mr. -Durbin, and Mr. Grassley) introduced the following bill; which was read - twice and referred to the Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -89,4 +73,22 @@ enforcement officer who commits or attempts suicide. (3) the term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. - \ No newline at end of file + + Passed the Senate May 14, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2746 + +_______________________________________________________________________ + + AN ACT + + To require the Director of the Federal Bureau of Investigation to +provide information on suicide rates in law enforcement, and for other + purposes. From 63a5e4f329ed8c7db6e9381ff67756c9592e2107 Mon Sep 17 00:00:00 2001 From: "Sen. Cortez Masto, Catherine [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 898/984] Senate-2746: Enrolled --- bills_text/Senate-2746.txt | 103 +++++++++++++++++-------------------- 1 file changed, 46 insertions(+), 57 deletions(-) diff --git a/bills_text/Senate-2746.txt b/bills_text/Senate-2746.txt index e712f12..7e1e200 100644 --- a/bills_text/Senate-2746.txt +++ b/bills_text/Senate-2746.txt @@ -1,27 +1,32 @@ -116th CONGRESS - 2d Session - S. 2746 + S.2746 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To require the Director of the Federal Bureau of Investigation to -provide information on suicide rates in law enforcement, and for other - purposes. + provide information on suicide rates in law enforcement, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Law Enforcement Suicide Data Collection Act''. - SEC. 2. INFORMATION ON SUICIDE IN LAW ENFORCEMENT. - (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Federal Bureau of Investigation, shall establish, for @@ -31,17 +36,16 @@ Officers Suicide Data Collection Program, under which law enforcement agencies may submit to the Director information on suicides and attempted suicides within such law enforcement agencies, including information on-- - (1) the circumstances and events that occurred before each - suicide or attempted suicide; - (2) the general location of each suicide or attempted - suicide; - (3) the demographic information of each law enforcement - officer who commits or attempts suicide; - (4) the occupational category, including criminal - investigator, corrections officer, line of duty officer, 911 - dispatch operator, of each law enforcement officer who commits - or attempts suicide; and - (5) the method used in each suicide or attempted suicide. + (1) the circumstances and events that occurred before each + suicide or attempted suicide; + (2) the general location of each suicide or attempted suicide; + (3) the demographic information of each law enforcement officer + who commits or attempts suicide; + (4) the occupational category, including criminal investigator, + corrections officer, line of duty officer, 911 dispatch operator, + of each law enforcement officer who commits or attempts suicide; + and + (5) the method used in each suicide or attempted suicide. (b) Policies.--The Federal Bureau of Investigation shall work with the Confidentiality and Data Access Committee of the Federal Committee on Statistical Methodology to develop publication policies to manage @@ -57,38 +61,23 @@ Director pursuant to subsection (a). not include any personally identifiable information of a law enforcement officer who commits or attempts suicide. (e) Definitions.--In this section-- - (1) the term ``law enforcement agency'' means a Federal, - State, Tribal, or local agency engaged in the prevention, - detection, or investigation, prosecution, or adjudication of - any violation of the criminal laws of the United States, a - State, Tribal, or a political subdivision of a State; - (2) the term ``law enforcement officer'' means any current - or former officer (including a correctional officer), agent, or - employee of the United States, a State, Indian Tribe, or a - political subdivision of a State authorized by law to engage in - or supervise the prevention, detection, investigation, or - prosecution of any violation of the criminal laws of the United - States, a State, Indian Tribe, or a political subdivision of a - State; and - (3) the term ``State'' means each of the several States, - the District of Columbia, and any commonwealth, territory, or - possession of the United States. - - Passed the Senate May 14, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 2746 - -_______________________________________________________________________ - - AN ACT - - To require the Director of the Federal Bureau of Investigation to -provide information on suicide rates in law enforcement, and for other - purposes. + (1) the term ``law enforcement agency'' means a Federal, State, + Tribal, or local agency engaged in the prevention, detection, or + investigation, prosecution, or adjudication of any violation of the + criminal laws of the United States, a State, Tribal, or a political + subdivision of a State; + (2) the term ``law enforcement officer'' means any current or + former officer (including a correctional officer), agent, or + employee of the United States, a State, Indian Tribe, or a + political subdivision of a State authorized by law to engage in or + supervise the prevention, detection, investigation, or prosecution + of any violation of the criminal laws of the United States, a + State, Indian Tribe, or a political subdivision of a State; and + (3) the term ``State'' means each of the several States, the + District of Columbia, and any commonwealth, territory, or + possession of the United States. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 804f3f225bab5754fdad1053132a63743706b29c Mon Sep 17 00:00:00 2001 From: "Sen. Cortez Masto, Catherine [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 899/984] Senate-2904: Introduced to Senate --- bills_text/Senate-2904.txt | 156 +++++++++++++++++++++++++++++++++++++ 1 file changed, 156 insertions(+) create mode 100644 bills_text/Senate-2904.txt diff --git a/bills_text/Senate-2904.txt b/bills_text/Senate-2904.txt new file mode 100644 index 0000000..3c7e0d4 --- /dev/null +++ b/bills_text/Senate-2904.txt @@ -0,0 +1,156 @@ +116th CONGRESS + 1st Session + S. 2904 + + To direct the Director of the National Science Foundation to support +research on the outputs that may be generated by generative adversarial +networks, otherwise known as deepfakes, and other comparable techniques + that may be developed in the future, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + November 20, 2019 + + Ms. Cortez Masto (for herself and Mr. Moran) introduced the following + bill; which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To direct the Director of the National Science Foundation to support +research on the outputs that may be generated by generative adversarial +networks, otherwise known as deepfakes, and other comparable techniques + that may be developed in the future, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Identifying Outputs of Generative +Adversarial Networks Act'' or the ``IOGAN Act''. + +SEC. 2. FINDINGS. + + Congress finds the following: + (1) Research gaps currently exist on the underlying + technology needed to develop tools to identify authentic + videos, voice reproduction, or photos from manipulated or + synthesized content, including those generated by generative + adversarial networks. + (2) The National Science Foundation's focus to support + research in artificial intelligence through computer and + information science and engineering, cognitive science and + psychology, economics and game theory, control theory, + linguistics, mathematics, and philosophy, is building a better + understanding of how new technologies are shaping the society + and economy of the United States. + (3) The National Science Foundation has identified the ``10 + Big Ideas for NSF Future Investment'' including ``Harnessing + the Data Revolution'' and the ``Future of Work at the Human- + Technology Frontier'', in with artificial intelligence is a + critical component. + (4) The outputs generated by generative adversarial + networks should be included under the umbrella of research + described in paragraph (3) given the grave national security + and societal impact potential of such networks. + (5) Generative adversarial networks are not likely to be + utilized as the sole technique of artificial intelligence or + machine learning capable of creating credible deepfakes. Other + comparable techniques may be developed in the future to produce + similar outputs. + +SEC. 3. NSF SUPPORT OF RESEARCH ON MANIPULATED OR SYNTHESIZED CONTENT + AND INFORMATION SECURITY. + + The Director of the National Science Foundation, in consultation +with other relevant Federal agencies, shall support merit-reviewed and +competitively awarded research on manipulated or synthesized content +and information authenticity, which may include-- + (1) fundamental research on digital forensic tools or other + technologies for verifying the authenticity of information and + detection of manipulated or synthesized content, including + content generated by generative adversarial networks; + (2) fundamental research on technical tools for identifying + manipulated or synthesized content, such as watermarking + systems for generated media; + (3) social and behavioral research related to manipulated + or synthesized content, including the ethics of the technology + and human engagement with the content; + (4) research on public understanding and awareness of + manipulated and synthesized content, including research on best + practices for educating the public to discern authenticity of + digital content; and + (5) research awards coordinated with other Federal agencies + and programs, including the Networking and Information + Technology Research and Development Program, the Defense + Advanced Research Projects Agency, and the Intelligence + Advanced Research Projects Agency. + +SEC. 4. NIST SUPPORT FOR RESEARCH AND STANDARDS ON GENERATIVE + ADVERSARIAL NETWORKS. + + (a) In General.--The Director of the National Institute of +Standards and Technology shall support research for the development of +measurements and standards necessary to accelerate the development of +the technological tools to examine the function and outputs of +generative adversarial networks or other technologies that synthesize +or manipulate content. + (b) Outreach.--The Director of the National Institute of Standards +and Technology shall conduct outreach-- + (1) to receive input from private, public, and academic + stakeholders on fundamental measurements and standards research + necessary to examine the function and outputs of generative + adversarial networks; and + (2) to consider the feasibility of an ongoing public and + private sector engagement to develop voluntary standards for + the function and outputs of generative adversarial networks or + other technologies that synthesize or manipulate content. + +SEC. 5. REPORT ON FEASIBILITY OF PUBLIC-PRIVATE PARTNERSHIP TO DETECT + MANIPULATED OR SYNTHESIZED CONTENT. + + Not later than 1 year after the date of enactment of this Act, the +Director of the National Science Foundation and the Director of the +National Institute of Standards and Technology shall jointly submit to +the Committee on Science, Space, and Technology of the House of +Representatives, the Subcommittee on Commerce, Justice, Science, and +Related Agencies of the Committee on Appropriations of the House of +Representatives, the Committee on Commerce, Science, and Transportation +of the Senate, and the Subcommittee on Commerce, Justice, Science, and +Related Agencies of the Committee on Appropriations of the Senate a +report containing-- + (1) the Directors' findings with respect to the feasibility + for research opportunities with the private sector, including + digital media companies to detect the function and outputs of + generative adversarial networks or other technologies that + synthesize or manipulate content; and + (2) any policy recommendations of the Directors that could + facilitate and improve communication and coordination between + the private sector, the National Science Foundation, and + relevant Federal agencies through the implementation of + innovative approaches to detect digital content produced by + generative adversarial networks or other technologies that + synthesize or manipulate content. + +SEC. 6. GENERATIVE ADVERSARIAL NETWORK DEFINED. + + In this Act, the term ``generative adversarial network'' means, +with respect to artificial intelligence, the machine learning process +of attempting to cause a generator artificial neural network (referred +to in this paragraph as the ``generator'') and a discriminator +artificial neural network (referred to in this paragraph as a +``discriminator'') to compete against each other to become more +accurate in their function and outputs, through which the generator and +discriminator create a feedback loop, causing the generator to produce +increasingly higher-quality artificial outputs and the discriminator to +increasingly improve in detecting such artificial outputs. + \ No newline at end of file From 02a331be01afa9717a04a5b25540ff1bc07a4f38 Mon Sep 17 00:00:00 2001 From: "Sen. Cortez Masto, Catherine [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 900/984] Senate-2904: Engrossed in Senate --- bills_text/Senate-2904.txt | 77 ++++++++++++++++++++------------------ 1 file changed, 40 insertions(+), 37 deletions(-) diff --git a/bills_text/Senate-2904.txt b/bills_text/Senate-2904.txt index 3c7e0d4..3bba117 100644 --- a/bills_text/Senate-2904.txt +++ b/bills_text/Senate-2904.txt @@ -1,27 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2904 - To direct the Director of the National Science Foundation to support -research on the outputs that may be generated by generative adversarial -networks, otherwise known as deepfakes, and other comparable techniques - that may be developed in the future, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - November 20, 2019 - - Ms. Cortez Masto (for herself and Mr. Moran) introduced the following - bill; which was read twice and referred to the Committee on Commerce, - Science, and Transportation - _______________________________________________________________________ - A BILL + AN ACT @@ -41,11 +24,12 @@ Adversarial Networks Act'' or the ``IOGAN Act''. SEC. 2. FINDINGS. Congress finds the following: - (1) Research gaps currently exist on the underlying - technology needed to develop tools to identify authentic - videos, voice reproduction, or photos from manipulated or - synthesized content, including those generated by generative - adversarial networks. + (1) Gaps currently exist on the underlying research needed + to develop tools that detect videos, audio files, or photos + that have manipulated or synthesized content, including those + generated by generative adversarial networks. Research on + digital forensics is also needed to identify, preserve, + recover, and analyze the provenance of digital artifacts. (2) The National Science Foundation's focus to support research in artificial intelligence through computer and information science and engineering, cognitive science and @@ -56,7 +40,7 @@ SEC. 2. FINDINGS. (3) The National Science Foundation has identified the ``10 Big Ideas for NSF Future Investment'' including ``Harnessing the Data Revolution'' and the ``Future of Work at the Human- - Technology Frontier'', in with artificial intelligence is a + Technology Frontier'', with artificial intelligence is a critical component. (4) The outputs generated by generative adversarial networks should be included under the umbrella of research @@ -65,8 +49,8 @@ SEC. 2. FINDINGS. (5) Generative adversarial networks are not likely to be utilized as the sole technique of artificial intelligence or machine learning capable of creating credible deepfakes. Other - comparable techniques may be developed in the future to produce - similar outputs. + techniques may be developed in the future to produce similar + outputs. SEC. 3. NSF SUPPORT OF RESEARCH ON MANIPULATED OR SYNTHESIZED CONTENT AND INFORMATION SECURITY. @@ -83,17 +67,17 @@ and information authenticity, which may include-- manipulated or synthesized content, such as watermarking systems for generated media; (3) social and behavioral research related to manipulated - or synthesized content, including the ethics of the technology - and human engagement with the content; + or synthesized content, including human engagement with the + content; (4) research on public understanding and awareness of manipulated and synthesized content, including research on best practices for educating the public to discern authenticity of digital content; and - (5) research awards coordinated with other Federal agencies - and programs, including the Networking and Information - Technology Research and Development Program, the Defense - Advanced Research Projects Agency, and the Intelligence - Advanced Research Projects Agency. + (5) research awards coordinated with other federal agencies + and programs, including the Defense Advanced Research Projects + Agency and the Intelligence Advanced Research Projects Agency, + with coordination enabled by the Networking and Information + Technology Research and Development Program. SEC. 4. NIST SUPPORT FOR RESEARCH AND STANDARDS ON GENERATIVE ADVERSARIAL NETWORKS. @@ -143,14 +127,33 @@ report containing-- SEC. 6. GENERATIVE ADVERSARIAL NETWORK DEFINED. - In this Act, the term ``generative adversarial network'' means, + In this Act, the term ``generative adversarial network'' means, with respect to artificial intelligence, the machine learning process of attempting to cause a generator artificial neural network (referred -to in this paragraph as the ``generator'') and a discriminator +to in this paragraph as the ``generator'' and a discriminator artificial neural network (referred to in this paragraph as a ``discriminator'') to compete against each other to become more accurate in their function and outputs, through which the generator and discriminator create a feedback loop, causing the generator to produce increasingly higher-quality artificial outputs and the discriminator to increasingly improve in detecting such artificial outputs. - \ No newline at end of file + + Passed the Senate November 18, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2904 + +_______________________________________________________________________ + + AN ACT + + To direct the Director of the National Science Foundation to support +research on the outputs that may be generated by generative adversarial +networks, otherwise known as deepfakes, and other comparable techniques + that may be developed in the future, and for other purposes. From 47a8378f620f70cddbc7e567578584ef8ea3b1a3 Mon Sep 17 00:00:00 2001 From: "Sen. Cortez Masto, Catherine [D-NV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 901/984] Senate-2904: Enrolled --- bills_text/Senate-2904.txt | 190 +++++++++++++++++-------------------- 1 file changed, 85 insertions(+), 105 deletions(-) diff --git a/bills_text/Senate-2904.txt b/bills_text/Senate-2904.txt index 3bba117..6c176fe 100644 --- a/bills_text/Senate-2904.txt +++ b/bills_text/Senate-2904.txt @@ -1,87 +1,86 @@ -116th CONGRESS - 2d Session - S. 2904 + S.2904 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To direct the Director of the National Science Foundation to support + To direct the Director of the National Science Foundation to support research on the outputs that may be generated by generative adversarial networks, otherwise known as deepfakes, and other comparable techniques that may be developed in the future, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Identifying Outputs of Generative Adversarial Networks Act'' or the ``IOGAN Act''. - SEC. 2. FINDINGS. - Congress finds the following: - (1) Gaps currently exist on the underlying research needed - to develop tools that detect videos, audio files, or photos - that have manipulated or synthesized content, including those - generated by generative adversarial networks. Research on - digital forensics is also needed to identify, preserve, - recover, and analyze the provenance of digital artifacts. - (2) The National Science Foundation's focus to support - research in artificial intelligence through computer and - information science and engineering, cognitive science and - psychology, economics and game theory, control theory, - linguistics, mathematics, and philosophy, is building a better - understanding of how new technologies are shaping the society - and economy of the United States. - (3) The National Science Foundation has identified the ``10 - Big Ideas for NSF Future Investment'' including ``Harnessing - the Data Revolution'' and the ``Future of Work at the Human- - Technology Frontier'', with artificial intelligence is a - critical component. - (4) The outputs generated by generative adversarial - networks should be included under the umbrella of research - described in paragraph (3) given the grave national security - and societal impact potential of such networks. - (5) Generative adversarial networks are not likely to be - utilized as the sole technique of artificial intelligence or - machine learning capable of creating credible deepfakes. Other - techniques may be developed in the future to produce similar - outputs. - + (1) Gaps currently exist on the underlying research needed to + develop tools that detect videos, audio files, or photos that have + manipulated or synthesized content, including those generated by + generative adversarial networks. Research on digital forensics is + also needed to identify, preserve, recover, and analyze the + provenance of digital artifacts. + (2) The National Science Foundation's focus to support research + in artificial intelligence through computer and information science + and engineering, cognitive science and psychology, economics and + game theory, control theory, linguistics, mathematics, and + philosophy, is building a better understanding of how new + technologies are shaping the society and economy of the United + States. + (3) The National Science Foundation has identified the ``10 Big + Ideas for NSF Future Investment'' including ``Harnessing the Data + Revolution'' and the ``Future of Work at the Human-Technology + Frontier'', with artificial intelligence is a critical component. + (4) The outputs generated by generative adversarial networks + should be included under the umbrella of research described in + paragraph (3) given the grave national security and societal impact + potential of such networks. + (5) Generative adversarial networks are not likely to be + utilized as the sole technique of artificial intelligence or + machine learning capable of creating credible deepfakes. Other + techniques may be developed in the future to produce similar + outputs. SEC. 3. NSF SUPPORT OF RESEARCH ON MANIPULATED OR SYNTHESIZED CONTENT - AND INFORMATION SECURITY. - +AND INFORMATION SECURITY. The Director of the National Science Foundation, in consultation with other relevant Federal agencies, shall support merit-reviewed and competitively awarded research on manipulated or synthesized content and information authenticity, which may include-- - (1) fundamental research on digital forensic tools or other - technologies for verifying the authenticity of information and - detection of manipulated or synthesized content, including - content generated by generative adversarial networks; - (2) fundamental research on technical tools for identifying - manipulated or synthesized content, such as watermarking - systems for generated media; - (3) social and behavioral research related to manipulated - or synthesized content, including human engagement with the - content; - (4) research on public understanding and awareness of - manipulated and synthesized content, including research on best - practices for educating the public to discern authenticity of - digital content; and - (5) research awards coordinated with other federal agencies - and programs, including the Defense Advanced Research Projects - Agency and the Intelligence Advanced Research Projects Agency, - with coordination enabled by the Networking and Information - Technology Research and Development Program. - + (1) fundamental research on digital forensic tools or other + technologies for verifying the authenticity of information and + detection of manipulated or synthesized content, including content + generated by generative adversarial networks; + (2) fundamental research on technical tools for identifying + manipulated or synthesized content, such as watermarking systems + for generated media; + (3) social and behavioral research related to manipulated or + synthesized content, including human engagement with the content; + (4) research on public understanding and awareness of + manipulated and synthesized content, including research on best + practices for educating the public to discern authenticity of + digital content; and + (5) research awards coordinated with other federal agencies and + programs, including the Defense Advanced Research Projects Agency + and the Intelligence Advanced Research Projects Agency, with + coordination enabled by the Networking and Information Technology + Research and Development Program. SEC. 4. NIST SUPPORT FOR RESEARCH AND STANDARDS ON GENERATIVE - ADVERSARIAL NETWORKS. - +ADVERSARIAL NETWORKS. (a) In General.--The Director of the National Institute of Standards and Technology shall support research for the development of measurements and standards necessary to accelerate the development of @@ -90,18 +89,16 @@ generative adversarial networks or other technologies that synthesize or manipulate content. (b) Outreach.--The Director of the National Institute of Standards and Technology shall conduct outreach-- - (1) to receive input from private, public, and academic - stakeholders on fundamental measurements and standards research - necessary to examine the function and outputs of generative - adversarial networks; and - (2) to consider the feasibility of an ongoing public and - private sector engagement to develop voluntary standards for - the function and outputs of generative adversarial networks or - other technologies that synthesize or manipulate content. - + (1) to receive input from private, public, and academic + stakeholders on fundamental measurements and standards research + necessary to examine the function and outputs of generative + adversarial networks; and + (2) to consider the feasibility of an ongoing public and + private sector engagement to develop voluntary standards for the + function and outputs of generative adversarial networks or other + technologies that synthesize or manipulate content. SEC. 5. REPORT ON FEASIBILITY OF PUBLIC-PRIVATE PARTNERSHIP TO DETECT - MANIPULATED OR SYNTHESIZED CONTENT. - +MANIPULATED OR SYNTHESIZED CONTENT. Not later than 1 year after the date of enactment of this Act, the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology shall jointly submit to @@ -112,21 +109,19 @@ Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate a report containing-- - (1) the Directors' findings with respect to the feasibility - for research opportunities with the private sector, including - digital media companies to detect the function and outputs of - generative adversarial networks or other technologies that - synthesize or manipulate content; and - (2) any policy recommendations of the Directors that could - facilitate and improve communication and coordination between - the private sector, the National Science Foundation, and - relevant Federal agencies through the implementation of - innovative approaches to detect digital content produced by - generative adversarial networks or other technologies that - synthesize or manipulate content. - + (1) the Directors' findings with respect to the feasibility for + research opportunities with the private sector, including digital + media companies to detect the function and outputs of generative + adversarial networks or other technologies that synthesize or + manipulate content; and + (2) any policy recommendations of the Directors that could + facilitate and improve communication and coordination between the + private sector, the National Science Foundation, and relevant + Federal agencies through the implementation of innovative + approaches to detect digital content produced by generative + adversarial networks or other technologies that synthesize or + manipulate content. SEC. 6. GENERATIVE ADVERSARIAL NETWORK DEFINED. - In this Act, the term ``generative adversarial network'' means, with respect to artificial intelligence, the machine learning process of attempting to cause a generator artificial neural network (referred @@ -138,22 +133,7 @@ discriminator create a feedback loop, causing the generator to produce increasingly higher-quality artificial outputs and the discriminator to increasingly improve in detecting such artificial outputs. - Passed the Senate November 18, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - S. 2904 - -_______________________________________________________________________ - - AN ACT - - To direct the Director of the National Science Foundation to support -research on the outputs that may be generated by generative adversarial -networks, otherwise known as deepfakes, and other comparable techniques - that may be developed in the future, and for other purposes. + Vice President of the United States and + President of the Senate. From a48d15b0654ca36df26099a7c1525f7e31e9a318 Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 902/984] Senate-2981: Introduced to Senate --- bills_text/Senate-2981.txt | 1573 ++++++++++++++++++++++++++++++++++++ 1 file changed, 1573 insertions(+) create mode 100644 bills_text/Senate-2981.txt diff --git a/bills_text/Senate-2981.txt b/bills_text/Senate-2981.txt new file mode 100644 index 0000000..a267960 --- /dev/null +++ b/bills_text/Senate-2981.txt @@ -0,0 +1,1573 @@ +116th CONGRESS + 1st Session + S. 2981 + + To reauthorize and amend the National Oceanic and Atmospheric + Administration Commissioned Officer Corps Act of 2002, and for other + purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 4, 2019 + + Mr. Sullivan (for himself and Mr. Schatz) introduced the following + bill; which was read twice and referred to the Committee on Commerce, + Science, and Transportation + +_______________________________________________________________________ + + A BILL + + + + To reauthorize and amend the National Oceanic and Atmospheric + Administration Commissioned Officer Corps Act of 2002, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``National Oceanic +and Atmospheric Administration Commissioned Officer Corps Amendments +Act of 2019''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. References to National Oceanic and Atmospheric Administration + Commissioned Officer Corps Act of 2002. + TITLE I--GENERAL PROVISIONS + +Sec. 101. Strength and distribution in grade. +Sec. 102. Recalled officers. +Sec. 103. Obligated service requirement. +Sec. 104. Training and physical fitness. +Sec. 105. Aviation accession training programs. +Sec. 106. Recruiting materials. +Sec. 107. Procurement of charting and survey services. +Sec. 108. Technical correction. + TITLE II--PARITY AND RECRUITMENT + +Sec. 201. Education loans. +Sec. 202. Interest payments. +Sec. 203. Student pre-commissioning program. +Sec. 204. Limitation on educational assistance. +Sec. 205. Applicability of certain provisions of title 10, United + States Code, and extension of certain + authorities applicable to members of the + Armed Forces to commissioned officer corps. +Sec. 206. Applicability of certain provisions of title 37, United + States Code. +Sec. 207. Prohibition on retaliatory personnel actions. +Sec. 208. Application of certain provisions of competitive service law. +Sec. 209. Employment and reemployment rights. +Sec. 210. Treatment of commission in commissioned officer corps for + purposes of certain hiring decisions. + TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS + +Sec. 301. Appointments. +Sec. 302. Personnel boards. +Sec. 303. Positions of importance and responsibility. +Sec. 304. Temporary appointments. +Sec. 305. Officer candidates. +Sec. 306. Procurement of personnel. +Sec. 307. Career intermission program. + TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS + +Sec. 401. Involuntary retirement or separation. +Sec. 402. Separation pay. + +SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION + COMMISSIONED OFFICER CORPS ACT OF 2002. + + Except as otherwise expressly provided, whenever in this Act an +amendment or repeal is expressed in terms of an amendment to, or repeal +of, a section or other provision, the reference shall be considered to +be made to a section or other provision of the National Oceanic and +Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 +U.S.C. 3001 et seq.). + + TITLE I--GENERAL PROVISIONS + +SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE. + + Section 214 (33 U.S.C. 3004) is amended to read as follows: + +``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. + + ``(a) Grades.--The commissioned grades in the commissioned officer +corps of the Administration are the following, in relative rank with +officers of the Navy: + ``(1) Vice admiral. + ``(2) Rear admiral. + ``(3) Rear admiral (lower half). + ``(4) Captain. + ``(5) Commander. + ``(6) Lieutenant commander. + ``(7) Lieutenant. + ``(8) Lieutenant (junior grade). + ``(9) Ensign. + ``(b) Grade Distribution.--The Secretary shall prescribe, with +respect to the distribution on the lineal list in grade, the +percentages applicable to the grades set forth in subsection (a). + ``(c) Annual Computation of Number in Grade.-- + ``(1) In general.--Not less frequently than once each year, + the Secretary shall make a computation to determine the number + of officers on the lineal list authorized to be serving in each + grade. + ``(2) Method of computation.--The number in each grade + shall be computed by applying the applicable percentage to the + total number of such officers serving on active duty on the + date the computation is made. + ``(3) Fractions.--If a final fraction occurs in computing + the authorized number of officers in a grade, the nearest whole + number shall be taken. If the fraction is \1/2\, the next + higher whole number shall be taken. + ``(d) Temporary Increase in Numbers.--The total number of officers +authorized by law to be on the lineal list during a fiscal year may be +temporarily exceeded if the average number on that list during that +fiscal year does not exceed the authorized number. + ``(e) Positions of Importance and Responsibility.--Officers serving +in positions designated under section 228(a) and officers recalled from +retired status shall not be counted when computing authorized strengths +under subsection (c) and shall not count against those strengths. + ``(f) Preservation of Grade and Pay.--No officer may be reduced in +grade or pay or separated from the commissioned officer corps of the +Administration as the result of a computation made to determine the +authorized number of officers in the various grades.''. + +SEC. 102. RECALLED OFFICERS. + + (a) In General.--Section 215 (33 U.S.C. 3005) is amended to read as +follows: + +``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS. + + ``(a) In General.--The total number of authorized commissioned +officers on the lineal list of the commissioned officer corps of the +Administration shall not exceed 500. + ``(b) Positions of Importance and Responsibility.--Officers serving +in positions designated under section 228 and officers recalled from +retired status or detailed to an agency other than the Administration-- + ``(1) may not be counted in determining the total number of + authorized officers on the lineal list under this section; and + ``(2) may not count against such number.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372) +is amended by striking the item relating to section 215 and inserting +the following: + +``Sec. 215. Number of authorized commissioned officers.''. + +SEC. 103. OBLIGATED SERVICE REQUIREMENT. + + (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by +adding at the end the following: + +``SEC. 216. OBLIGATED SERVICE REQUIREMENT. + + ``(a) In General.-- + ``(1) Regulations.--The Secretary shall prescribe the + obligated service requirements for appointments, training, + promotions, separations, continuations, and retirement of + officers not otherwise covered by law. + ``(2) Written agreements.--The Secretary and officers shall + enter into written agreements that describe the officers' + obligated service requirements prescribed under paragraph (1) + in return for such appointments, training, promotions, + separations, and retirements as the Secretary considers + appropriate. + ``(b) Repayment for Failure To Satisfy Requirements.-- + ``(1) In general.--The Secretary may require an officer who + fails to meet the service requirements prescribed under + subsection (a)(1) to reimburse the Secretary in an amount that + bears the same ratio to the total costs of the training + provided to that officer by the Secretary as the unserved + portion of active duty bears to the total period of active duty + the officer agreed to serve. + ``(2) Obligation as debt to united states.--An obligation + to reimburse the Secretary under paragraph (1) is, for all + purposes, a debt owed to the United States. + ``(3) Discharge in bankruptcy.--A discharge in bankruptcy + under title 11 that is entered less than 5 years after the + termination of a written agreement entered into under + subsection (a)(2) does not discharge the individual signing the + agreement from a debt arising under such agreement. + ``(c) Waiver or Suspension of Compliance.--The Secretary may waive +the service obligation of an officer who-- + ``(1) becomes unqualified to serve on active duty in the + commissioned officer corps of the Administration because of a + circumstance not within the control of that officer; or + ``(2) is-- + ``(A) not physically qualified for appointment; and + ``(B) determined to be unqualified for service in + the commissioned officer corps of the Administration + because of a physical or medical condition that was not + the result of the officer's own misconduct or grossly + negligent conduct.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372) +is amended by inserting after the item relating to section 215 the +following: + +``Sec. 216. Obligated service requirement.''. + +SEC. 104. TRAINING AND PHYSICAL FITNESS. + + (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by +section 103(a), is further amended by adding at the end the following: + +``SEC. 217. TRAINING AND PHYSICAL FITNESS. + + ``(a) Training.--The Secretary may take such measures as may be +necessary to ensure that officers are prepared to carry out their +duties in the commissioned officer corps of the Administration and +proficient in the skills necessary to carry out such duties. Such +measures may include the following: + ``(1) Carrying out training programs and correspondence + courses, including establishing and operating a basic officer + training program to provide initial indoctrination and maritime + vocational training for officer candidates as well as refresher + training, mid-career training, aviation training, and such + other training as the Secretary considers necessary for officer + development and proficiency. + ``(2) Providing officers and officer candidates with + educational materials. + ``(3) Acquiring such equipment as may be necessary for + training and instructional purposes. + ``(b) Physical Fitness.--The Secretary shall ensure that officers +maintain a high physical state of readiness by establishing standards +of physical fitness for officers that are substantially equivalent to +those prescribed for officers in the Coast Guard.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372), +as amended by section 103(b), is further amended by inserting after the +item relating to section 216 the following: + +``Sec. 217. Training and physical fitness.''. + +SEC. 105. AVIATION ACCESSION TRAINING PROGRAMS. + + (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by +section 104(a), is further amended by adding at the end the following: + +``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS. + + ``(a) Definitions.--In this section: + ``(1) Administrator.--The term `Administrator' means the + Under Secretary of Commerce for Oceans and Atmosphere and the + Administrator of the National Oceanic and Atmospheric + Administration. + ``(2) Member of the program.--The term `member of the + program' means a student who is enrolled in the program. + ``(3) Program.--The term `program' means an aviation + accession training program of the commissioned officer corps of + the Administration established pursuant to subsection (b). + ``(b) Aviation Accession Training Programs.-- + ``(1) Establishment authorized.--The Administrator, under + regulations prescribed by the Secretary, shall establish and + maintain one or more aviation accession training programs for + the commissioned officer corps of the Administration at + institutions described in paragraph (2). + ``(2) Institutions described.--An institution described in + this paragraph is an educational institution-- + ``(A) that requests to enter into an agreement with + the Administrator providing for the establishment of + the program at the institution; + ``(B) that has, as a part of its curriculum, a 4- + year baccalaureate program of professional flight and + piloting instruction that is accredited by the Aviation + Accreditation Board International; + ``(C) that is located-- + ``(i) not more than 250 miles from the + National Weather Service Training Center; and + ``(ii) in a geographic area that-- + ``(I) experiences a wide variation + in climate-related activity, including + frequent high winds, convective + activity (including tornadoes), periods + of low visibility, heat, and snow and + ice episodes, to provide opportunities + for pilots to demonstrate skill in all + weather conditions compatible with + future encounters during their service + in the commissioned officer corps; and + ``(II) has a climate that can + accommodate both primary and advanced + flight training activity at least 75 + percent of the year; and + ``(D) at which the Administrator determines that-- + ``(i) there will be at least 1 student + enrolled in the program; and + ``(ii) the provisions of this section are + otherwise satisfied. + ``(3) Limitations in connection with particular + institutions.--The program may not be established or maintained + at an institution unless-- + ``(A) the senior commissioned officer or employee + of the commissioned officer corps who is assigned as an + advisor to the program at that institution is given the + academic rank of adjunct professor; and + ``(B) the institution fulfills the terms of its + agreement with the Administrator. + ``(4) Membership in connection with status as student.--At + institutions at which the program is established, the + membership of students in the program shall be elective, as + provided by State law or the authorities of the institution + concerned. + ``(c) Membership.-- + ``(1) Eligibility.--To be eligible for membership in the + program an individual must-- + ``(A) be a student at an institution at which the + program is established; + ``(B) be a citizen of the United States; + ``(C) contract in writing, with the consent of a + parent or guardian if a minor, with the Administrator, + to-- + ``(i) accept an appointment, if offered, as + a commissioned officer in the commissioned + officer corps of the Administration; and + ``(ii) to serve in the commissioned officer + corps for not fewer than 4 years; + ``(D) enroll in-- + ``(i) a 4-year baccalaureate program of + professional flight and piloting instruction; + and + ``(ii) other training or education, + including basic officer training, which is + prescribed by the Administrator as meeting the + preliminary requirement for admission to the + commissioned officer corps; and + ``(E) execute a certificate or take an oath + relating to morality and conduct in such form as the + Administrator prescribes. + ``(2) Completion of program.--A member of the program may + be appointed as a regular officer in the commissioned officer + corps if the member meets all requirements for appointment as + such an officer. + ``(d) Financial Assistance for Qualified Members.-- + ``(1) Expenses of course of instruction.-- + ``(A) In general.--In the case of a member of the + program who meets such qualifications as the + Administrator establishes for purposes of this + subsection, the Administrator may pay the expenses of + the member in connection with pursuit of a course of + professional flight and piloting instruction under the + program, including tuition, fees, educational materials + such as books, training, certifications, travel, and + laboratory expenses. + ``(B) Assistance after fourth academic year.--In + the case of a member of the program described in + subparagraph (A) who is enrolled in a course described + in that subparagraph that has been approved by the + Administrator and requires more than 4 academic years + for completion, including elective requirements of the + program, assistance under this subsection may also be + provided during a fifth academic year or during a + combination of a part of a fifth academic year and + summer sessions. + ``(2) Room and board.--In the case of a member eligible to + receive assistance under paragraph (1), the Administrator may, + in lieu of payment of all or part of such assistance, pay the + room and board expenses of the member, and other educational + expenses, of the educational institution concerned. + ``(3) Failure to complete program or accept commission.--A + member of the program who receives assistance under this + subsection and who does not complete the course of instruction, + or who completes the course but declines to accept a commission + in the commissioned officer corps when offered, shall be + subject to the repayment provisions of subsection (e). + ``(e) Repayment of Unearned Portion of Financial Assistance When +Conditions of Payment Not Met.-- + ``(1) In general.--A member of the program who receives or + benefits from assistance under subsection (d), and whose + receipt of or benefit from such assistance is subject to the + condition that the member fully satisfy the requirements of + subsection (c), shall repay to the United States an amount + equal to the assistance received or benefitted from if the + member fails to fully satisfy such requirements and may not + receive or benefit from any unpaid amounts of such assistance + after the member fails to satisfy such requirements, unless the + Administrator determines that the imposition of the repayment + requirement and the termination of payment of unpaid amounts of + such assistance with regard to the member would be-- + ``(A) contrary to a personnel policy or management + objective; + ``(B) against equity and good conscience; or + ``(C) contrary to the best interests of the United + States. + ``(2) Regulations.--The Administrator may establish, by + regulations, procedures for determining the amount of the + repayment required under this subsection and the circumstances + under which an exception to repayment may be granted. The + Administrator may specify in the regulations the conditions + under which financial assistance to be paid to a member of the + program will not be made if the member no longer satisfies the + requirements in subsection (c) or qualifications in subsection + (d) for such assistance. + ``(3) Obligation as debt to united states.--An obligation + to repay the United States under this subsection is, for all + purposes, a debt owed to the United States.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372), +as amended by section 104(b), is further amended by inserting after the +item relating to section 217 the following: + +``Sec. 218. Aviation accession training programs.''. + +SEC. 106. RECRUITING MATERIALS. + + (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by +section 105(a), is further amended by adding at the end the following: + +``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS. + + ``The Secretary may use for public relations purposes of the +Department of Commerce any advertising materials developed for use for +recruitment and retention of personnel for the commissioned officer +corps of the Administration. Any such use shall be under such +conditions and subject to such restrictions as the Secretary shall +prescribe.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372), +as amended by section 105(b), is further amended by inserting after the +item relating to section 217 the following: + +``Sec. 219. Use of recruiting materials for public relations.''. + +SEC. 107. PROCUREMENT OF CHARTING AND SURVEY SERVICES. + + (a) In General.--Not later than 90 days after the development of +the strategy required by section 1002(b) of the Frank LoBiondo Coast +Guard Authorization Act of 2018 (Public Law 115-282; 132 Stat. 4365), +the Secretary of Commerce shall enter into not fewer than 2 multi-year +contracts with 1 or more private entities for the performance of +charting and survey services by vessels. + (b) Charting and Surveys in the Arctic.--In soliciting and engaging +the services of vessels under subsection (a), the Secretary shall +particularly emphasize the need for charting and surveys in the Arctic. + +SEC. 108. TECHNICAL CORRECTION. + + Section 101(21)(C) of title 38, United States Code, is amended by +inserting ``in the commissioned officer corps'' before ``of the +National''. + + TITLE II--PARITY AND RECRUITMENT + +SEC. 201. EDUCATION LOANS. + + (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by +adding at the end the following: + +``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM. + + ``(a) Authority To Repay Education Loans.--For the purpose of +maintaining adequate numbers of officers of the commissioned officer +corps of the Administration on active duty who have skills required by +the commissioned officer corps, the Secretary may repay, in the case of +a person described in subsection (b), a loan that-- + ``(1) was used by the person to finance education; and + ``(2) was obtained from a governmental entity, private + financial institution, educational institution, or other + authorized entity. + ``(b) Eligible Persons.--To be eligible to obtain a loan repayment +under this section, a person must-- + ``(1) satisfy 1 of the requirements specified in subsection + (c); + ``(2) be fully qualified for, or hold, an appointment as a + commissioned officer in the commissioned officer corps of the + Administration; and + ``(3) sign a written agreement to serve on active duty, or, + if on active duty, to remain on active duty for a period in + addition to any other incurred active duty obligation. + ``(c) Academic and Professional Requirements.--One of the following +academic requirements must be satisfied for purposes of determining the +eligibility of an individual for a loan repayment under this section: + ``(1) The person is fully qualified in a profession that + the Secretary has determined to be necessary to meet identified + skill shortages in the commissioned officer corps. + ``(2) The person is enrolled as a full-time student in the + final year of a course of study at an accredited educational + institution (as determined by the Secretary of Education) + leading to a degree in a profession that will meet identified + skill shortages in the commissioned officer corps. + ``(d) Loan Repayments.-- + ``(1) In general.--Subject to the limits established under + paragraph (2), a loan repayment under this section may consist + of the payment of the principal, interest, and related expenses + of a loan obtained by a person described in subsection (b). + ``(2) Limitation on amount.--For each year of obligated + service that a person agrees to serve in an agreement described + in subsection (b)(3), the Secretary may pay not more than the + amount specified in section 2173(e)(2) of title 10, United + States Code. + ``(e) Active Duty Service Obligation.-- + ``(1) In general.--A person entering into an agreement + described in subsection (b)(3) incurs an active duty service + obligation. + ``(2) Length of obligation determined under regulations.-- + ``(A) In general.--Except as provided in + subparagraph (B), the length of the obligation under + paragraph (1) shall be determined under regulations + prescribed by the Secretary. + ``(B) Minimum obligation.--The regulations + prescribed under subparagraph (A) may not provide for a + period of obligation of less than 1 year for each + maximum annual amount, or portion thereof, paid on + behalf of the person for qualified loans. + ``(3) Persons on active duty before entering into + agreement.--The active duty service obligation of persons on + active duty before entering into the agreement shall be served + after the conclusion of any other obligation incurred under the + agreement. + ``(4) Concurrent completion of service obligations.--A + service obligation under this section may be completed + concurrently with a service obligation under section 216. + ``(f) Effect of Failure To Complete Obligation.-- + ``(1) Alternative obligations.--An officer who is relieved + of the officer's active duty obligation under this section + before the completion of that obligation may be given any + alternative obligation, at the discretion of the Secretary. + ``(2) Repayment.--An officer who does not complete the + period of active duty specified in the agreement entered into + under subsection (b)(3), or the alternative obligation imposed + under paragraph (1), shall be subject to the repayment + provisions under section 216. + ``(g) Rulemaking.--The Secretary shall prescribe regulations to +carry out this section, including-- + ``(1) standards for qualified loans and authorized payees; + and + ``(2) other terms and conditions for the making of loan + repayments.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372) +is amended by inserting after the item relating to section 266 the +following: + +``Sec. 267. Education loan repayment program.''. + +SEC. 202. INTEREST PAYMENTS. + + (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by +section 201(a), is further amended by adding at the end the following: + +``SEC. 268. INTEREST PAYMENT PROGRAM. + + ``(a) Authority.--The Secretary may pay the interest and any +special allowances that accrue on 1 or more student loans of an +eligible officer, in accordance with this section. + ``(b) Eligible Officers.--An officer is eligible for the benefit +described in subsection (a) while the officer-- + ``(1) is serving on active duty; + ``(2) has not completed more than 3 years of service on + active duty; + ``(3) is the debtor on 1 or more unpaid loans described in + subsection (c); and + ``(4) is not in default on any such loan. + ``(c) Student Loans.--The authority to make payments under +subsection (a) may be exercised with respect to the following loans: + ``(1) A loan made, insured, or guaranteed under part B of + title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et + seq.). + ``(2) A loan made under part D of such title (20 U.S.C. + 1087a et seq.). + ``(3) A loan made under part E of such title (20 U.S.C. + 1087aa et seq.). + ``(d) Maximum Benefit.--Interest and any special allowance may be +paid on behalf of an officer under this section for any of the 36 +consecutive months during which the officer is eligible under +subsection (b). + ``(e) Funds for Payments.--The Secretary may use amounts +appropriated for the pay and allowances of personnel of the +commissioned officer corps of the Administration for payments under +this section. + ``(f) Coordination With Secretary of Education.-- + ``(1) In general.--The Secretary shall consult with the + Secretary of Education regarding the administration of this + section. + ``(2) Transfer of funds.--The Secretary shall transfer to + the Secretary of Education the funds necessary-- + ``(A) to pay interest and special allowances on + student loans under this section (in accordance with + sections 428(o), 455(l), and 464(j) of the Higher + Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and + 1087dd(j)); and + ``(B) to reimburse the Secretary of Education for + any reasonable administrative costs incurred by the + Secretary in coordinating the program under this + section with the administration of the student loan + programs under parts B, D, and E of title IV of the + Higher Education Act of 1965 (20 U.S.C. 1071 et seq., + 1087a et seq., 1087aa et seq.). + ``(g) Special Allowance Defined.--In this section, the term +`special allowance' means a special allowance that is payable under +section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''. + (b) Conforming Amendments.-- + (1) Section 428(o) of the Higher Education Act of 1965 (20 + U.S.C. 1078(o)) is amended-- + (A) by striking the subsection heading and + inserting ``Armed Forces and NOAA Commissioned Officer + Corps Student Loan Interest Payment Programs''; and + (B) in paragraph (1)-- + (i) by inserting ``or section 268 of the + National Oceanic and Atmospheric Administration + Commissioned Officer Corps Act of 2002'' after + ``Code,''; and + (ii) by inserting ``or an officer in the + commissioned officer corps of the National + Oceanic and Atmospheric Administration, + respectively,'' after ``Armed Forces''. + (2) Sections 455(l) and 464(j) of the Higher Education Act + of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended-- + (A) by striking the subsection heading and + inserting ``Armed Forces and NOAA Commissioned Officer + Corps Student Loan Interest Payment Programs''; and + (B) in paragraph (1)-- + (i) by inserting ``or section 268 of the + National Oceanic and Atmospheric Administration + Commissioned Officer Corps Act of 2002'' after + ``Code,''; and + (ii) by inserting ``or an officer in the + commissioned officer corps of the National + Oceanic and Atmospheric Administration, + respectively'' after ``Armed Forces''. + (c) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372), +as amended by section 201(b), is further amended by inserting after the +item relating to section 267 the following: + +``Sec. 268. Interest payment program.''. + +SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM. + + (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by +section 202(a), is further amended by adding at the end the following: + +``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM. + + ``(a) Authority To Provide Financial Assistance.--For the purpose +of maintaining adequate numbers of officers of the commissioned officer +corps of the Administration on active duty, the Secretary may provide +financial assistance to a person described in subsection (b) for +expenses of the person while the person is pursuing on a full-time +basis at an accredited educational institution (as determined by the +Secretary of Education) a program of education approved by the +Secretary that leads to-- + ``(1) a baccalaureate degree in not more than 5 academic + years; or + ``(2) a postbaccalaureate degree. + ``(b) Eligible Persons.-- + ``(1) In general.--A person is eligible to obtain financial + assistance under subsection (a) if the person-- + ``(A) is enrolled on a full-time basis in a program + of education referred to in subsection (a) at any + educational institution described in such subsection; + ``(B) meets all of the requirements for acceptance + into the commissioned officer corps of the + Administration except for the completion of a + baccalaureate degree; and + ``(C) enters into a written agreement with the + Secretary described in paragraph (2). + ``(2) Agreement.--A written agreement referred to in + paragraph (1)(C) is an agreement between the person and the + Secretary in which the person-- + ``(A) agrees to accept an appointment as an + officer, if tendered; and + ``(B) upon completion of the person's educational + program, agrees to serve on active duty, immediately + after appointment, for-- + ``(i) up to 3 years if the person received + less than 3 years of assistance; and + ``(ii) up to 5 years if the person received + at least 3 years of assistance. + ``(c) Qualifying Expenses.--Expenses for which financial assistance +may be provided under subsection (a) are the following: + ``(1) Tuition and fees charged by the educational + institution involved. + ``(2) The cost of educational materials. + ``(3) In the case of a program of education leading to a + baccalaureate degree, laboratory expenses. + ``(4) Such other expenses as the Secretary considers + appropriate. + ``(d) Limitation on Amount.--The Secretary shall prescribe the +amount of financial assistance provided to a person under subsection +(a), which may not exceed the amount specified in section 2173(e)(2) of +title 10, United States Code, for each year of obligated service that a +person agrees to serve in an agreement described in subsection (b)(2). + ``(e) Duration of Assistance.--Financial assistance may be provided +to a person under subsection (a) for not more than 5 consecutive +academic years. + ``(f) Subsistence Allowance.-- + ``(1) In general.--A person who receives financial + assistance under subsection (a) shall be entitled to a monthly + subsistence allowance at a rate prescribed under paragraph (2) + for the duration of the period for which the person receives + such financial assistance. + ``(2) Determination of amount.--The Secretary shall + prescribe monthly rates for subsistence allowance provided + under paragraph (1), which shall be equal to the amount + specified in section 2144(a) of title 10, United States Code. + ``(g) Initial Clothing Allowance.-- + ``(1) Training.--The Secretary may prescribe a sum which + shall be credited to each person who receives financial + assistance under subsection (a) to cover the cost of the + person's initial clothing and equipment issue. + ``(2) Appointment.--Upon completion of the program of + education for which a person receives financial assistance + under subsection (a) and acceptance of appointment in the + commissioned officer corps of the Administration, the person + may be issued a subsequent clothing allowance equivalent to + that normally provided to a newly appointed officer. + ``(h) Termination of Financial Assistance.-- + ``(1) In general.--The Secretary shall terminate the + assistance provided to a person under this section if-- + ``(A) the Secretary accepts a request by the person + to be released from an agreement described in + subsection (b)(2); + ``(B) the misconduct of the person results in a + failure to complete the period of active duty required + under the agreement; or + ``(C) the person fails to fulfill any term or + condition of the agreement. + ``(2) Reimbursement.--The Secretary may require a person + who receives assistance described in subsection (c), (f), or + (g) under an agreement entered into under subsection (b)(1)(C) + to reimburse the Secretary in an amount that bears the same + ratio to the total costs of the assistance provided to that + person as the unserved portion of active duty bears to the + total period of active duty the officer agreed to serve under + the agreement. + ``(3) Waiver.--The Secretary may waive the service + obligation of a person through an agreement entered into under + subsection (b)(1)(C) if the person-- + ``(A) becomes unqualified to serve on active duty + in the commissioned officer corps of the Administration + because of a circumstance not within the control of + that person; or + ``(B) is-- + ``(i) not physically qualified for + appointment; and + ``(ii) determined to be unqualified for + service in the commissioned officer corps of + the Administration because of a physical or + medical condition that was not the result of + the person's own misconduct or grossly + negligent conduct. + ``(4) Obligation as debt to united states.--An obligation + to reimburse the Secretary imposed under paragraph (2) is, for + all purposes, a debt owed to the United States. + ``(5) Discharge in bankruptcy.--A discharge in bankruptcy + under title 11, United States Code, that is entered less than 5 + years after the termination of a written agreement entered into + under subsection (b)(1)(C) does not discharge the person + signing the agreement from a debt arising under such agreement + or under paragraph (2). + ``(i) Regulations.--The Secretary may prescribe such regulations +and orders as the Secretary considers appropriate to carry out this +section. + ``(j) Concurrent Completion of Service Obligations.--A service +obligation under this section may be completed concurrently with a +service obligation under section 216.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372), +as amended by section 202(c), is further amended by inserting after the +item relating to section 268 the following: + +``Sec. 269. Student pre-commissioning education assistance program.''. + +SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE. + + (a) In General.--Each fiscal year, beginning with the fiscal year +in which this Act is enacted, the Secretary of Commerce shall ensure +that the total amount expended by the Secretary under section 267 of +the National Oceanic and Atmospheric Administration Commissioned +Officer Corps Act of 2002 (as added by section 201(a)), section 268 of +such Act (as added by section 202(a)), and section 269 of such Act (as +added by section 203(a)) does not exceed the amount by which-- + (1) the total amount the Secretary would pay in that fiscal + year to officer candidates under section 203(f)(1) of title 37, + United States Code (as added by section 305(d)), if such + section entitled officer candidates to pay at monthly rates + equal to the basic pay of a commissioned officer in the pay + grade O-1 with less than 2 years of service, exceeds + (2) the total amount the Secretary actually pays in that + fiscal year to officer candidates under section 203(f)(1) of + such title (as so added). + (b) Officer Candidate Defined.--In this section, the term ``officer +candidate'' has the meaning given the term in paragraph (4) of section +212(b) of the National Oceanic and Atmospheric Administration +Commissioned Officer Corps Act of 2002 (33 U.S.C. 3002), as added by +section 305(c). + +SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED + STATES CODE, AND EXTENSION OF CERTAIN AUTHORITIES + APPLICABLE TO MEMBERS OF THE ARMED FORCES TO COMMISSIONED + OFFICER CORPS. + + (a) Applicability of Certain Provisions of Title 10.--Section +261(a) (33 U.S.C. 3071(a)) is amended-- + (1) by redesignating paragraphs (13) through (16) as + paragraphs (22) through (25), respectively; + (2) by redesignating paragraphs (7) through (12) as + paragraphs (14) through (19), respectively; + (3) by redesignating paragraphs (4) through (6) as + paragraphs (8) through (10), respectively; + (4) by inserting after paragraph (3) the following: + ``(4) Section 771, relating to unauthorized wearing of + uniforms. + ``(5) Section 774, relating to wearing religious apparel + while in uniform. + ``(6) Section 982, relating to service on State and local + juries. + ``(7) Section 1031, relating to administration of oaths.''; + (5) by inserting after paragraph (10), as redesignated, the + following: + ``(11) Section 1074n, relating to annual mental health + assessments. + ``(12) Section 1090a, relating to referrals for mental + health evaluations. + ``(13) Chapter 58, relating to the Benefits and Services + for members being separated or recently separated.''; and + (6) by inserting after paragraph (19), as redesignated, the + following: + ``(20) Subchapter I of chapter 88, relating to Military + Family Programs. + ``(21) Section 2005, relating to advanced education + assistance, active duty agreements, and reimbursement + requirements.''. + (b) Extension of Certain Authorities.-- + (1) Notarial services.--Section 1044a of title 10, United + States Code, is amended-- + (A) in subsection (a)(1), by striking ``armed + forces'' and inserting ``uniformed services''; and + (B) in subsection (b)(4), by striking ``armed + forces'' both places it appears and inserting + ``uniformed services''. + (2) Acceptance of voluntary services for programs serving + members and their families.--Section 1588 of such title is + amended-- + (A) in subsection (a)(3), in the matter before + subparagraph (A), by striking ``armed forces'' and + inserting ``uniformed services''; and + (B) by adding at the end the following new + subsection: + ``(g) Secretary Concerned for Acceptance of Services for Programs +Serving Members of NOAA Corps and Their Families.--For purposes of the +acceptance of services described in subsection (a)(3), the term +`Secretary concerned' in subsection (a) shall include the Secretary of +Commerce with respect to members of the commissioned officer corps of +the National Oceanic and Atmospheric Administration.''. + (3) Capstone course for newly selected flag officers.-- + Section 2153 of such title is amended-- + (A) in subsection (a)-- + (i) by inserting ``or the commissioned + officer corps of the National Oceanic and + Atmospheric Administration'' after ``in the + case of the Navy''; and + (ii) by striking ``other armed forces'' and + inserting ``other uniformed services''; and + (B) in subsection (b)(1), in the matter before + subparagraph (A), by inserting ``or the Secretary of + Commerce, as applicable,'' after ``the Secretary of + Defense''. + +SEC. 206. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED + STATES CODE. + + (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by +inserting after section 261 the following: + +``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED + STATES CODE. + + ``(a) Provisions Made Applicable to Commissioned Officer Corps.-- +The provisions of law applicable to the Armed Forces under the +following provisions of title 37, United States Code, shall apply to +the commissioned officer corps of the Administration: + ``(1) Section 324, relating to accession bonuses for new + officers in critical skills. + ``(2) Section 403(f)(3), relating to prescribing + regulations defining the terms `field duty' and `sea duty'. + ``(3) Section 403(l), relating to temporary continuation of + housing allowance for dependents of members dying on active + duty. + ``(4) Section 415, relating to initial uniform allowances. + ``(5) Section 488, relating to allowances for recruiting + expenses. + ``(6) Section 495, relating to allowances for funeral + honors duty. + ``(b) References.--The authority vested by title 37, United States +Code, in the `military departments', `the Secretary concerned', or `the +Secretary of Defense' with respect to the provisions of law referred to +in subsection (a) shall be exercised, with respect to the commissioned +officer corps of the Administration, by the Secretary of Commerce or +the Secretary's designee.''. + (b) Personal Money Allowance.--Section 414(a)(2) of title 37, +United States Code, is amended by inserting ``or the director of the +commissioned officer corps of the National Oceanic and Atmospheric +Administration'' after ``Health Service''. + (c) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372) +is amended by inserting after the item relating to section 261 the +following: + +``Sec. 261A. Applicability of certain provisions of title 37, United + States Code.''. + +SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS. + + (a) In General.--Subsection (a) of section 261 (33 U.S.C. 3071), as +amended by section 205(a), is further amended-- + (1) by redesignating paragraphs (8) through (25) as + paragraphs (9) through (26), respectively; and + (2) by inserting after paragraph (7) the following: + ``(8) Section 1034, relating to protected communications + and prohibition of retaliatory personnel actions.''. + (b) Conforming Amendment.--Subsection (b) of such section is +amended by adding at the end the following: ``For purposes of paragraph +(8) of subsection (a), the term `Inspector General' in section 1034 of +such title 10 shall mean the Inspector General of the Department of +Commerce.''. + (c) Regulations.--Such section is further amended by adding at the +end the following: + ``(c) Regulations Regarding Protected Communications and +Prohibition of Retaliatory Personnel Actions.--The Secretary may +prescribe regulations to carry out the application of section 1034 of +title 10, United States Code, to the commissioned officer corps of the +Administration, including by prescribing such administrative procedures +for investigation and appeal within the commissioned officer corps as +the Secretary considers appropriate.''. + +SEC. 208. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE SERVICE LAW. + + Section 3304(f) of title 5, United States Code, is amended-- + (1) in paragraph (1), by inserting ``and members of the + commissioned officer corps of the National Oceanic and + Atmospheric Administration (or its predecessor organization the + Coast and Geodetic Survey) separated from such uniformed + service'' after ``separated from the armed forces''; + (2) in paragraph (2), by striking ``or veteran'' and + inserting ``, veteran, or member''; and + (3) in paragraph (4), by inserting ``and members of the + commissioned officer corps of the National Oceanic and + Atmospheric Administration (or its predecessor organization the + Coast and Geodetic Survey) separated from such uniformed + service'' after ``separated from the armed forces''. + +SEC. 209. EMPLOYMENT AND REEMPLOYMENT RIGHTS. + + Section 4303(16) of title 38, United States Code, is amended by +inserting ``the commissioned officer corps of the National Oceanic and +Atmospheric Administration,'' after ``Public Health Service,''. + +SEC. 210. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS FOR + PURPOSES OF CERTAIN HIRING DECISIONS. + + (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by +this title, is further amended by adding at the end the following: + +``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS + EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN + HIRING DECISIONS. + + ``(a) In General.--In any case in which the Secretary accepts an +application for a position of employment with the Administration and +limits consideration of applications for such position to applications +submitted by individuals serving in a career or career-conditional +position in the competitive service within the Administration, the +Secretary shall deem an officer who has served as an officer in the +commissioned officer corps for at least 3 years to be serving in a +career or career-conditional position in the competitive service within +the Administration for purposes of such limitation. + ``(b) Career Appointments.--If the Secretary selects an application +submitted by an officer described in subsection (a) for a position +described in such subsection, the Secretary shall give such officer a +career or career-conditional appointment in the competitive service, as +appropriate. + ``(c) Competitive Service Defined.--In this section, the term +`competitive service' has the meaning given the term in section 2102 of +title 5, United States Code.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372) +is amended by inserting after the item relating to section 269, as +added by section 203, the following new item: + +``Sec. 269A. Treatment of commission in commissioned officer corps as + employment in Administration for purposes + of certain hiring decisions.''. + + TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS + +SEC. 301. APPOINTMENTS. + + (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is amended +to read as follows: + +``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS. + + ``(a) Original Appointments.-- + ``(1) Grades.-- + ``(A) In general.--Except as provided in + subparagraph (B), an original appointment of an officer + may be made in such grades as may be appropriate for-- + ``(i) the qualification, experience, and + length of service of the appointee; and + ``(ii) the commissioned officer corps of + the Administration. + ``(B) Appointment of officer candidates.-- + ``(i) Limitation on grade.--An original + appointment of an officer candidate, upon + graduation from the basic officer training + program of the commissioned officer corps of + the Administration, may not be made in any + other grade than ensign. + ``(ii) Rank.--Officer candidates receiving + appointments as ensigns upon graduation from + basic officer training program shall take rank + according to their proficiency as shown by the + order of their merit at date of graduation. + ``(2) Source of appointments.--An original appointment may + be made from among the following: + ``(A) Graduates of the basic officer training + program of the commissioned officer corps of the + Administration. + ``(B) Graduates of the military service academies + of the United States who otherwise meet the academic + standards for enrollment in the training program + described in subparagraph (A). + ``(C) Graduates of the maritime academies of the + States who-- + ``(i) otherwise meet the academic standards + for enrollment in the training program + described in subparagraph (A); + ``(ii) completed at least 3 years of + regimented training while at a maritime academy + of a State; and + ``(iii) obtained an unlimited tonnage or + unlimited horsepower Merchant Mariner + Credential from the United States Coast Guard. + ``(D) Licensed officers of the United States + merchant marine who have served 2 or more years aboard + a vessel of the United States in the capacity of a + licensed officer, who otherwise meet the academic + standards for enrollment in the training program + described in subparagraph (A). + ``(3) Definitions.--In this subsection: + ``(A) Maritime academies of the states.--The term + `maritime academies of the States' means the following: + ``(i) California Maritime Academy, Vallejo, + California. + ``(ii) Great Lakes Maritime Academy, + Traverse City, Michigan. + ``(iii) Maine Maritime Academy, Castine, + Maine. + ``(iv) Massachusetts Maritime Academy, + Buzzards Bay, Massachusetts. + ``(v) State University of New York Maritime + College, Fort Schuyler, New York. + ``(vi) Texas A&M Maritime Academy, + Galveston, Texas. + ``(B) Military service academies of the united + states.--The term `military service academies of the + United States' means the following: + ``(i) The United States Military Academy, + West Point, New York. + ``(ii) The United States Naval Academy, + Annapolis, Maryland. + ``(iii) The United States Air Force + Academy, Colorado Springs, Colorado. + ``(iv) The United States Coast Guard + Academy, New London, Connecticut. + ``(v) The United States Merchant Marine + Academy, Kings Point, New York. + ``(b) Reappointment.-- + ``(1) In general.--Except as provided in paragraph (2), an + individual who previously served in the commissioned officer + corps of the Administration may be appointed by the Secretary + to the grade the individual held prior to separation. + ``(2) Reappointments to higher grades.--An appointment + under paragraph (1) to a position of importance and + responsibility designated under section 228 may only be made by + the President. + ``(c) Qualifications.--An appointment under subsection (a) or (b) +may not be given to an individual until the individual's mental, moral, +physical, and professional fitness to perform the duties of an officer +has been established under such regulations as the Secretary shall +prescribe. + ``(d) Precedence of Appointees.--Appointees under this section +shall take precedence in the grade to which appointed in accordance +with the dates of their commissions as commissioned officers in such +grade. Appointees whose dates of commission are the same shall take +precedence with each other as the Secretary shall determine. + ``(e) Inter-Service Transfers.--For inter-service transfers (as +described in the Department of Defense Directive 1300.4 (dated December +27, 2006)) the Secretary shall-- + ``(1) coordinate with the Secretary of Defense and the + Secretary of the Department in which the Coast Guard is + operating to promote and streamline inter-service transfers; + ``(2) give preference to such inter-service transfers for + recruitment purposes as determined appropriate by the + Secretary; and + ``(3) reappoint such inter-service transfers to the + equivalent grade in the commissioned officer corps.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372) +is amended by striking the item relating to section 221 and inserting +the following: + +``Sec. 221. Original appointments and reappointments.''. + +SEC. 302. PERSONNEL BOARDS. + + Section 222 (33 U.S.C. 3022) is amended to read as follows: + +``SEC. 222. PERSONNEL BOARDS. + + ``(a) Convening.--Not less frequently than once each year and at +such other times as the Secretary determines necessary, the Secretary +shall convene a personnel board. + ``(b) Membership.-- + ``(1) In general.--A board convened under subsection (a) + shall consist of 5 or more officers who are serving in or above + the permanent grade of the officers under consideration by the + board. + ``(2) Retired officers.--Officers on the retired list may + be recalled to serve on such personnel boards as the Secretary + considers necessary. + ``(3) No membership on 2 successive boards.--No officer may + be a member of 2 successive personnel boards convened to + consider officers of the same grade for promotion or + separation. + ``(c) Duties.--Each personnel board shall-- + ``(1) recommend to the Secretary such changes as may be + necessary to correct any erroneous position on the lineal list + that was caused by administrative error; and + ``(2) make selections and recommendations to the Secretary + and the President for the appointment, promotion, involuntary + separation, continuation, and involuntary retirement of + officers in the commissioned officer corps of the + Administration as prescribed in this title. + ``(d) Action on Recommendations Not Acceptable.--If any +recommendation by a board convened under subsection (a) is not accepted +by the Secretary or the President, the board shall make such further +recommendations as the Secretary or the President considers +appropriate. + ``(e) Authority for Officers To Opt Out of Promotion +Consideration.-- + ``(1) In general.--The Director of the National Oceanic and + Atmospheric Administration Commissioned Officer Corps may + provide that an officer, upon the officer's request and with + the approval of the Director, be excluded from consideration + for promotion by a personnel board convened under this section. + ``(2) Approval.--The Director shall approve a request made + by an officer under subsection (a) only if-- + ``(A) the basis for the request is to allow the + officer to complete a broadening assignment, advanced + education, another assignment of significant value to + the Administration, a career progression requirement + delayed by the assignment or education, or a qualifying + personal or professional circumstance, as determined by + the Director; + ``(B) the Director determines the exclusion from + consideration is in the best interest of the + Administration; and + ``(C) the officer has not previously failed + selection for promotion to the grade for which the + officer requests the exclusion from consideration.''. + +SEC. 303. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. + + Section 228 (33 U.S.C. 3028) is amended-- + (1) in subsection (c)-- + (A) in the first sentence, by striking ``The + Secretary shall designate one position under this + section'' and inserting ``The President shall designate + one position''; and + (B) in the second sentence, by striking ``That + position shall be filled by'' and inserting ``The + President shall fill that position by appointing, by + and with the advice and consent of the Senate,''; + (2) in subsection (d)(2), by inserting ``or immediately + beginning a period of terminal leave'' after ``for which a + higher grade is designated''; + (3) by amending subsection (e) to read as follows: + ``(e) Limit on Number of Officers Appointed.--The total number of +officers serving on active duty at any one time in the grade of rear +admiral (lower half) or above may not exceed five, with only one +serving in the grade of vice admiral.''; and + (4) in subsection (f), by inserting ``or in a period of + annual leave used at the end of the appointment'' after + ``serving in that grade''. + +SEC. 304. TEMPORARY APPOINTMENTS. + + (a) In General.--Section 229 (33 U.S.C. 3029) is amended to read as +follows: + +``SEC. 229. TEMPORARY APPOINTMENTS. + + ``(a) Appointments by President.--Temporary appointments in the +grade of ensign, lieutenant junior grade, or lieutenant may be made by +the President. + ``(b) Termination.--A temporary appointment to a position under +subsection (a) shall terminate upon approval of a permanent appointment +for such position made by the President. + ``(c) Order of Precedence.--Appointees under subsection (a) shall +take precedence in the grade to which appointed in accordance with the +dates of their appointments as officers in such grade. The order of +precedence of appointees who are appointed on the same date shall be +determined by the Secretary. + ``(d) Any One Grade.--When determined by the Secretary to be in the +best interest of the commissioned officer corps, officers in any +permanent grade may be temporarily promoted one grade by the President. +Any such temporary promotion terminates upon the transfer of the +officer to a new assignment.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372) +is amended by striking the item relating to section 229 and inserting +the following: + +``Sec. 229. Temporary appointments.''. + +SEC. 305. OFFICER CANDIDATES. + + (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is amended by +adding at the end the following: + +``SEC. 234. OFFICER CANDIDATES. + + ``(a) Determination of Number.--The Secretary shall determine the +number of appointments of officer candidates. + ``(b) Appointment.--Appointment of officer candidates shall be made +under regulations, which the Secretary shall prescribe, including +regulations with respect to determining age limits, methods of +selection of officer candidates, term of service as an officer +candidate before graduation from the program, and all other matters +affecting such appointment. + ``(c) Dismissal.--The Secretary may dismiss from the basic officer +training program of the Administration any officer candidate who, +during the officer candidate's term as an officer candidate, the +Secretary considers unsatisfactory in either academics or conduct, or +not adapted for a career in the commissioned officer corps of the +Administration. Officer candidates shall be subject to rules governing +discipline prescribed by the Director of the National Oceanic and +Atmospheric Administration Commissioned Officer Corps. + ``(d) Agreement.-- + ``(1) In general.--Each officer candidate shall sign an + agreement with the Secretary in accordance with section + 216(a)(2) regarding the officer candidate's term of service in + the commissioned officer corps of the Administration. + ``(2) Elements.--An agreement signed by an officer + candidate under paragraph (1) shall provide that the officer + candidate agrees to the following: + ``(A) That the officer candidate will complete the + course of instruction at the basic officer training + program of the Administration. + ``(B) That upon graduation from such program, the + officer candidate-- + ``(i) will accept an appointment, if + tendered, as an officer; and + ``(ii) will serve on active duty for at + least 4 years immediately after such + appointment. + ``(e) Regulations.--The Secretary shall prescribe regulations to +carry out this section. Such regulations shall include-- + ``(1) standards for determining what constitutes a breach + of an agreement signed under subsection (d)(1); and + ``(2) procedures for determining whether such a breach has + occurred. + ``(f) Repayment.--An officer candidate or former officer candidate +who does not fulfill the terms of the obligation to serve as specified +under subsection (d) shall be subject to the repayment provisions of +section 216(b).''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372) +is amended by inserting after the item relating to section 233 the +following: + +``Sec. 234. Officer candidates.''. + (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 3002(b)) +is amended-- + (1) by redesignating paragraphs (4) through (6) as + paragraphs (5) through (7), respectively; and + (2) by inserting after paragraph (3) the following: + ``(4) Officer candidate.--The term `officer candidate' + means an individual who is enrolled in the basic officer + training program of the Administration and is under + consideration for appointment as an officer under section + 221(a)(2)(A).''. + (d) Pay for Officer Candidates.--Section 203 of title 37, United +States Code, is amended by adding at the end the following: + ``(f)(1) An officer candidate enrolled in the basic officer +training program of the commissioned officer corps of the National +Oceanic and Atmospheric Administration is entitled, while participating +in such program, to monthly officer candidate pay at monthly rates +equal to the basic pay of an enlisted member in the pay grade E-5 with +less than 2 years of service. + ``(2) An individual who graduates from such program shall receive +credit for the time spent participating in such program as if such time +were time served while on active duty as a commissioned officer. If the +individual does not graduate from such program, such time shall not be +considered creditable for active duty or pay.''. + +SEC. 306. PROCUREMENT OF PERSONNEL. + + (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by +section 305(a), is further amended by adding at the end the following: + +``SEC. 235. PROCUREMENT OF PERSONNEL. + + ``The Secretary may make such expenditures as the Secretary +considers necessary in order to obtain recruits for the commissioned +officer corps of the Administration, including advertising.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372), +as amended by section 305(b), is further amended by inserting after the +item relating to section 234 the following: + +``235. Procurement of personnel.''. + +SEC. 307. CAREER INTERMISSION PROGRAM. + + (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by +section 306(a), is further amended by adding at the end the following: + +``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF OFFICERS. + + ``(a) Programs Authorized.--The Secretary may carry out a program +under which officers may be inactivated from active duty in order to +meet personal or professional needs and returned to active duty at the +end of such period of inactivation from active duty. + ``(b) Period of Inactivation From Active Duty; Effect of +Inactivation.-- + ``(1) In general.--The period of inactivation from active + duty under a program under this section of an officer + participating in the program shall be such period as the + Secretary shall specify in the agreement of the officer under + subsection (c), except that such period may not exceed 3 years. + ``(2) Exclusion from retirement.--Any period of + participation of an officer in a program under this section + shall not count toward eligibility for retirement or + computation of retired pay under subtitle C. + ``(c) Agreement.--Each officer who participates in a program under +this section shall enter into a written agreement with the Secretary +under which that officer shall agree as follows: + ``(1) To undergo during the period of the inactivation of + the officer from active duty under the program such inactive + duty training as the Director of the National Oceanic and + Atmospheric Administration Commissioned Officer Corps shall + require in order to ensure that the officer retains + proficiency, at a level determined by the Director to be + sufficient, in the technical skills, professional + qualifications, and physical readiness of the officer during + the inactivation of the officer from active duty. + ``(2) Following completion of the period of the + inactivation of the officer from active duty under the program, + to serve 2 months on active duty for each month of the period + of the inactivation of the officer from active duty under the + program. + ``(d) Conditions of Release.--The Secretary shall-- + ``(1) prescribe regulations specifying the guidelines + regarding the conditions of release that must be considered and + addressed in the agreement required by subsection (c); and + ``(2) at a minimum, prescribe the procedures and standards + to be used to instruct an officer on the obligations to be + assumed by the officer under paragraph (2) of such subsection + while the officer is released from active duty. + ``(e) Order to Active Duty.--Under regulations prescribed by the +Secretary, an officer participating in a program under this section +may, in the discretion of the Secretary, be required to terminate +participation in the program and be ordered to active duty. + ``(f) Pay and Allowances.-- + ``(1) Basic pay.--During each month of participation in a + program under this section, an officer who participates in the + program shall be paid basic pay in an amount equal to two- + thirtieths of the amount of monthly basic pay to which the + officer would otherwise be entitled under section 204 of title + 37, United States Code, as a member of the uniformed services + on active duty in the grade and years of service of the officer + when the officer commences participation in the program. + ``(2) Special or incentive pay or bonus.-- + ``(A) Prohibition.--An officer who participates in + a program under this section shall not, while + participating in the program, be paid any special or + incentive pay or bonus to which the officer is + otherwise entitled under an agreement under chapter 5 + of title 37, United States Code, that is in force when + the officer commences participation in the program. + ``(B) Not treated as failure to perform services.-- + The inactivation from active duty of an officer + participating in a program under this section shall not + be treated as a failure of the officer to perform any + period of service required of the officer in connection + with an agreement for a special or incentive pay or + bonus under chapter 5 of title 37, United States Code, + that is in force when the officer commences + participation in the program. + ``(3) Return to active duty.-- + ``(A) Special or incentive pay or bonus.--Subject + to subparagraph (B), upon the return of an officer to + active duty after completion by the officer of + participation in a program under this section-- + ``(i) any agreement entered into by the + officer under chapter 5 of title 37, United + States Code, for the payment of a special or + incentive pay or bonus that was in force when + the officer commenced participation in the + program shall be revived, with the term of such + agreement after revival being the period of the + agreement remaining to run when the officer + commenced participation in the program; and + ``(ii) any special or incentive pay or + bonus shall be payable to the officer in + accordance with the terms of the agreement + concerned for the term specified in clause (i). + ``(B) Limitation.-- + ``(i) In general.--Subparagraph (A) shall + not apply to any special or incentive pay or + bonus otherwise covered by that subparagraph + with respect to an officer if, at the time of + the return of the officer to active duty as + described in that subparagraph-- + ``(I) such pay or bonus is no + longer authorized by law; or + ``(II) the officer does not satisfy + eligibility criteria for such pay or + bonus as in effect at the time of the + return of the officer to active duty. + ``(ii) Pay or bonus ceases being + authorized.--Subparagraph (A) shall cease to + apply to any special or incentive pay or bonus + otherwise covered by that subparagraph with + respect to an officer if, during the term of + the revived agreement of the officer under + subparagraph (A)(i), such pay or bonus ceases + being authorized by law. + ``(C) Repayment.--An officer who is ineligible for + payment of a special or incentive pay or bonus + otherwise covered by this paragraph by reason of + subparagraph (B)(i)(II) shall be subject to the + requirements for repayment of such pay or bonus in + accordance with the terms of the applicable agreement + of the officer under chapter 5 of title 37, United + States Code. + ``(D) Required service is additional.--Any service + required of an officer under an agreement covered by + this paragraph after the officer returns to active duty + as described in subparagraph (A) shall be in addition + to any service required of the officer under an + agreement under subsection (c). + ``(4) Travel and transportation allowance.-- + ``(A) In general.--Subject to subparagraph (B), an + officer who participates in a program under this + section is entitled, while participating in the + program, to the travel and transportation allowances + authorized by section 474 of title 37, United States + Code, for-- + ``(i) travel performed from the residence + of the officer, at the time of release from + active duty to participate in the program, to + the location in the United States designated by + the officer as the officer's residence during + the period of participation in the program; and + ``(ii) travel performed to the residence of + the officer upon return to active duty at the + end of the participation of the officer in the + program. + ``(B) Single residence.--An allowance is payable + under this paragraph only with respect to travel of an + officer to and from a single residence. + ``(5) Leave balance.--An officer who participates in a + program under this section is entitled to carry forward the + leave balance existing as of the day on which the officer + begins participation and accumulated in accordance with section + 701 of title 10, but not to exceed 60 days. + ``(g) Promotion.-- + ``(1) In general.--An officer participating in a program + under this section shall not, while participating in the + program, be eligible for consideration for promotion under + subtitle B. + ``(2) Return to service.--Upon the return of an officer to + active duty after completion by the officer of participation in + a program under this section-- + ``(A) the Secretary may adjust the date of rank of + the officer in such manner as the Secretary shall + prescribe in regulations for purposes of this section; + and + ``(B) the officer shall be eligible for + consideration for promotion when officers of the same + competitive category, grade, and seniority are eligible + for consideration for promotion. + ``(h) Continued Entitlements.--An officer participating in a +program under this section shall, while participating in the program, +be treated as a member of the uniformed services on active duty for a +period of more than 30 days for purposes of-- + ``(1) the entitlement of the officer and of the dependents + of the officer to medical and dental care under the provisions + of chapter 55 of title 10; and + ``(2) retirement or separation for physical disability + under the provisions of subtitle C.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to authorize the Hydrographic Services +Improvement Act of 1998, and for other purposes'' (Public Law 107-372), +as amended by section 306(b), is further amended by inserting after the +item relating to section 235 the following: + +``Sec. 236. Career flexibility to enhance retention of officers.''. + + TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS + +SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION. + + Section 241 (33 U.S.C. 3041) is amended by adding at the end the +following: + ``(d) Deferment of Retirement or Separation for Medical Reasons.-- + ``(1) In general.--If the Secretary determines that the + evaluation of the medical condition of an officer requires + hospitalization or medical observation that cannot be completed + with confidence in a manner consistent with the officer's well- + being before the date on which the officer would otherwise be + required to retire or be separated under this section, the + Secretary may defer the retirement or separation of the + officer. + ``(2) Consent required.--A deferment may only be made with + the written consent of the officer involved. If the officer + does not provide written consent to the deferment, the officer + shall be retired or separated as scheduled. + ``(3) Limitation.--A deferment of retirement or separation + under this subsection may not extend for more than 30 days + after completion of the evaluation requiring hospitalization or + medical observation.''. + +SEC. 402. SEPARATION PAY. + + Section 242 (33 U.S.C. 3042) is amended by adding at the end the +following: + ``(d) Exception.--An officer discharged for twice failing selection +for promotion to the next higher grade is not entitled to separation +pay under this section if the officer-- + ``(1) expresses a desire not to be selected for promotion; + or + ``(2) requests removal from the list of selectees.''. + \ No newline at end of file From b15dca5a703b535971fb5b0edb1a4f534c14f9b8 Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 903/984] Senate-2981: Engrossed in Senate --- bills_text/Senate-2981.txt | 589 +++++++++++++++++++++---------------- 1 file changed, 343 insertions(+), 246 deletions(-) diff --git a/bills_text/Senate-2981.txt b/bills_text/Senate-2981.txt index a267960..a88f68d 100644 --- a/bills_text/Senate-2981.txt +++ b/bills_text/Senate-2981.txt @@ -1,26 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 2981 - To reauthorize and amend the National Oceanic and Atmospheric - Administration Commissioned Officer Corps Act of 2002, and for other - purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - December 4, 2019 - - Mr. Sullivan (for himself and Mr. Schatz) introduced the following - bill; which was read twice and referred to the Committee on Commerce, - Science, and Transportation - -_______________________________________________________________________ - - A BILL + AN ACT @@ -35,7 +19,7 @@ SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments -Act of 2019''. +Act of 2020''. (b) Table of Contents.--The table of contents for this Act is as follows: @@ -50,8 +34,7 @@ Sec. 103. Obligated service requirement. Sec. 104. Training and physical fitness. Sec. 105. Aviation accession training programs. Sec. 106. Recruiting materials. -Sec. 107. Procurement of charting and survey services. -Sec. 108. Technical correction. +Sec. 107. Technical correction. TITLE II--PARITY AND RECRUITMENT Sec. 201. Education loans. @@ -65,9 +48,8 @@ Sec. 205. Applicability of certain provisions of title 10, United Sec. 206. Applicability of certain provisions of title 37, United States Code. Sec. 207. Prohibition on retaliatory personnel actions. -Sec. 208. Application of certain provisions of competitive service law. -Sec. 209. Employment and reemployment rights. -Sec. 210. Treatment of commission in commissioned officer corps for +Sec. 208. Employment and reemployment rights. +Sec. 209. Treatment of commission in commissioned officer corps for purposes of certain hiring decisions. TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS @@ -82,6 +64,14 @@ Sec. 307. Career intermission program. Sec. 401. Involuntary retirement or separation. Sec. 402. Separation pay. + TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS + +Sec. 501. Charting and survey services. +Sec. 502. Co-location agreements. +Sec. 503. Satellite and data management. +Sec. 504. Improvements relating to sexual harassment and assault + prevention at the National Oceanic and + Atmospheric Administration. SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS ACT OF 2002. @@ -127,7 +117,7 @@ percentages applicable to the grades set forth in subsection (a). date the computation is made. ``(3) Fractions.--If a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole - number shall be taken. If the fraction is \1/2\, the next + number shall be taken. If the fraction is one-half, the next higher whole number shall be taken. ``(d) Temporary Increase in Numbers.--The total number of officers authorized by law to be on the lineal list during a fiscal year may be @@ -159,7 +149,7 @@ retired status or detailed to an agency other than the Administration-- authorized officers on the lineal list under this section; and ``(2) may not count against such number.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by striking the item relating to section 215 and inserting the following: @@ -176,15 +166,15 @@ adding at the end the following: ``(a) In General.-- ``(1) Regulations.--The Secretary shall prescribe the obligated service requirements for appointments, training, - promotions, separations, continuations, and retirement of + promotions, separations, continuations, and retirements of officers not otherwise covered by law. ``(2) Written agreements.--The Secretary and officers shall enter into written agreements that describe the officers' obligated service requirements prescribed under paragraph (1) in return for such appointments, training, promotions, - separations, and retirements as the Secretary considers - appropriate. - ``(b) Repayment for Failure To Satisfy Requirements.-- + separations, continuations, and retirements as the Secretary + considers appropriate. + ``(b) Repayment for Failure to Satisfy Requirements.-- ``(1) In general.--The Secretary may require an officer who fails to meet the service requirements prescribed under subsection (a)(1) to reimburse the Secretary in an amount that @@ -196,7 +186,7 @@ adding at the end the following: to reimburse the Secretary under paragraph (1) is, for all purposes, a debt owed to the United States. ``(3) Discharge in bankruptcy.--A discharge in bankruptcy - under title 11 that is entered less than 5 years after the + under title 11 that is entered less than five years after the termination of a written agreement entered into under subsection (a)(2) does not discharge the individual signing the agreement from a debt arising under such agreement. @@ -213,7 +203,7 @@ the service obligation of an officer who-- the result of the officer's own misconduct or grossly negligent conduct.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by inserting after the item relating to section 215 the following: @@ -248,7 +238,7 @@ maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent to those prescribed for officers in the Coast Guard.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), as amended by section 103(b), is further amended by inserting after the item relating to section 216 the following: @@ -283,30 +273,26 @@ section 104(a), is further amended by adding at the end the following: ``(A) that requests to enter into an agreement with the Administrator providing for the establishment of the program at the institution; - ``(B) that has, as a part of its curriculum, a 4- - year baccalaureate program of professional flight and - piloting instruction that is accredited by the Aviation - Accreditation Board International; - ``(C) that is located-- - ``(i) not more than 250 miles from the - National Weather Service Training Center; and - ``(ii) in a geographic area that-- - ``(I) experiences a wide variation - in climate-related activity, including - frequent high winds, convective - activity (including tornadoes), periods - of low visibility, heat, and snow and - ice episodes, to provide opportunities - for pilots to demonstrate skill in all - weather conditions compatible with - future encounters during their service - in the commissioned officer corps; and - ``(II) has a climate that can - accommodate both primary and advanced - flight training activity at least 75 - percent of the year; and + ``(B) that has, as a part of its curriculum, a + four-year baccalaureate program of professional flight + and piloting instruction that is accredited by the + Aviation Accreditation Board International; + ``(C) that is located in a geographic area that-- + ``(i) experiences a wide variation in + climate-related activity, including frequent + high winds, convective activity (including + tornadoes), periods of low visibility, heat, + and snow and ice episodes, to provide + opportunities for pilots to demonstrate skill + in all weather conditions compatible with + future encounters during their service in the + commissioned officer corps of the + Administration; and + ``(ii) has a climate that can accommodate + both primary and advanced flight training + activity at least 75 percent of the year; and ``(D) at which the Administrator determines that-- - ``(i) there will be at least 1 student + ``(i) there will be at least one student enrolled in the program; and ``(ii) the provisions of this section are otherwise satisfied. @@ -314,9 +300,10 @@ section 104(a), is further amended by adding at the end the following: institutions.--The program may not be established or maintained at an institution unless-- ``(A) the senior commissioned officer or employee - of the commissioned officer corps who is assigned as an - advisor to the program at that institution is given the - academic rank of adjunct professor; and + of the commissioned officer corps of the Administration + who is assigned as an advisor to the program at that + institution is given the academic rank of adjunct + professor; and ``(B) the institution fulfills the terms of its agreement with the Administrator. ``(4) Membership in connection with status as student.--At @@ -326,7 +313,7 @@ section 104(a), is further amended by adding at the end the following: concerned. ``(c) Membership.-- ``(1) Eligibility.--To be eligible for membership in the - program an individual must-- + program, an individual must-- ``(A) be a student at an institution at which the program is established; ``(B) be a citizen of the United States; @@ -336,24 +323,26 @@ section 104(a), is further amended by adding at the end the following: ``(i) accept an appointment, if offered, as a commissioned officer in the commissioned officer corps of the Administration; and - ``(ii) to serve in the commissioned officer - corps for not fewer than 4 years; + ``(ii) serve in the commissioned officer + corps of the Administration for not fewer than + four years; ``(D) enroll in-- - ``(i) a 4-year baccalaureate program of + ``(i) a four-year baccalaureate program of professional flight and piloting instruction; and ``(ii) other training or education, including basic officer training, which is prescribed by the Administrator as meeting the preliminary requirement for admission to the - commissioned officer corps; and + commissioned officer corps of the + Administration; and ``(E) execute a certificate or take an oath relating to morality and conduct in such form as the Administrator prescribes. ``(2) Completion of program.--A member of the program may be appointed as a regular officer in the commissioned officer - corps if the member meets all requirements for appointment as - such an officer. + corps of the Administration if the member meets all + requirements for appointment as such an officer. ``(d) Financial Assistance for Qualified Members.-- ``(1) Expenses of course of instruction.-- ``(A) In general.--In the case of a member of the @@ -369,11 +358,11 @@ section 104(a), is further amended by adding at the end the following: the case of a member of the program described in subparagraph (A) who is enrolled in a course described in that subparagraph that has been approved by the - Administrator and requires more than 4 academic years - for completion, including elective requirements of the - program, assistance under this subsection may also be - provided during a fifth academic year or during a - combination of a part of a fifth academic year and + Administrator and requires more than four academic + years for completion, including elective requirements + of the program, assistance under this subsection may + also be provided during a fifth academic year or during + a combination of a part of a fifth academic year and summer sessions. ``(2) Room and board.--In the case of a member eligible to receive assistance under paragraph (1), the Administrator may, @@ -384,8 +373,9 @@ section 104(a), is further amended by adding at the end the following: member of the program who receives assistance under this subsection and who does not complete the course of instruction, or who completes the course but declines to accept a commission - in the commissioned officer corps when offered, shall be - subject to the repayment provisions of subsection (e). + in the commissioned officer corps of the Administration when + offered, shall be subject to the repayment provisions of + subsection (e). ``(e) Repayment of Unearned Portion of Financial Assistance When Conditions of Payment Not Met.-- ``(1) In general.--A member of the program who receives or @@ -418,7 +408,7 @@ Conditions of Payment Not Met.-- to repay the United States under this subsection is, for all purposes, a debt owed to the United States.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), as amended by section 104(b), is further amended by inserting after the item relating to section 217 the following: @@ -439,26 +429,14 @@ corps of the Administration. Any such use shall be under such conditions and subject to such restrictions as the Secretary shall prescribe.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), as amended by section 105(b), is further amended by inserting after the -item relating to section 217 the following: +item relating to section 218 the following: ``Sec. 219. Use of recruiting materials for public relations.''. -SEC. 107. PROCUREMENT OF CHARTING AND SURVEY SERVICES. - - (a) In General.--Not later than 90 days after the development of -the strategy required by section 1002(b) of the Frank LoBiondo Coast -Guard Authorization Act of 2018 (Public Law 115-282; 132 Stat. 4365), -the Secretary of Commerce shall enter into not fewer than 2 multi-year -contracts with 1 or more private entities for the performance of -charting and survey services by vessels. - (b) Charting and Surveys in the Arctic.--In soliciting and engaging -the services of vessels under subsection (a), the Secretary shall -particularly emphasize the need for charting and surveys in the Arctic. - -SEC. 108. TECHNICAL CORRECTION. +SEC. 107. TECHNICAL CORRECTION. Section 101(21)(C) of title 38, United States Code, is amended by inserting ``in the commissioned officer corps'' before ``of the @@ -484,8 +462,8 @@ a person described in subsection (b), a loan that-- authorized entity. ``(b) Eligible Persons.--To be eligible to obtain a loan repayment under this section, a person must-- - ``(1) satisfy 1 of the requirements specified in subsection - (c); + ``(1) satisfy one of the requirements specified in + subsection (c); ``(2) be fully qualified for, or hold, an appointment as a commissioned officer in the commissioned officer corps of the Administration; and @@ -497,12 +475,14 @@ academic requirements must be satisfied for purposes of determining the eligibility of an individual for a loan repayment under this section: ``(1) The person is fully qualified in a profession that the Secretary has determined to be necessary to meet identified - skill shortages in the commissioned officer corps. + skill shortages in the commissioned officer corps of the + Administration. ``(2) The person is enrolled as a full-time student in the final year of a course of study at an accredited educational institution (as determined by the Secretary of Education) leading to a degree in a profession that will meet identified - skill shortages in the commissioned officer corps. + skill shortages in the commissioned officer corps of the + Administration. ``(d) Loan Repayments.-- ``(1) In general.--Subject to the limits established under paragraph (2), a loan repayment under this section may consist @@ -524,7 +504,7 @@ eligibility of an individual for a loan repayment under this section: prescribed by the Secretary. ``(B) Minimum obligation.--The regulations prescribed under subparagraph (A) may not provide for a - period of obligation of less than 1 year for each + period of obligation of less than one year for each maximum annual amount, or portion thereof, paid on behalf of the person for qualified loans. ``(3) Persons on active duty before entering into @@ -552,7 +532,7 @@ carry out this section, including-- ``(2) other terms and conditions for the making of loan repayments.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by inserting after the item relating to section 266 the following: @@ -567,15 +547,15 @@ section 201(a), is further amended by adding at the end the following: ``SEC. 268. INTEREST PAYMENT PROGRAM. ``(a) Authority.--The Secretary may pay the interest and any -special allowances that accrue on 1 or more student loans of an +special allowances that accrue on one or more student loans of an eligible officer, in accordance with this section. ``(b) Eligible Officers.--An officer is eligible for the benefit described in subsection (a) while the officer-- ``(1) is serving on active duty; - ``(2) has not completed more than 3 years of service on + ``(2) has not completed more than three years of service on active duty; - ``(3) is the debtor on 1 or more unpaid loans described in - subsection (c); and + ``(3) is the debtor on one or more unpaid loans described + in subsection (c); and ``(4) is not in default on any such loan. ``(c) Student Loans.--The authority to make payments under subsection (a) may be exercised with respect to the following loans: @@ -590,29 +570,24 @@ subsection (a) may be exercised with respect to the following loans: paid on behalf of an officer under this section for any of the 36 consecutive months during which the officer is eligible under subsection (b). - ``(e) Funds for Payments.--The Secretary may use amounts -appropriated for the pay and allowances of personnel of the -commissioned officer corps of the Administration for payments under -this section. - ``(f) Coordination With Secretary of Education.-- + ``(e) Coordination With Secretary of Education.-- ``(1) In general.--The Secretary shall consult with the Secretary of Education regarding the administration of this section. - ``(2) Transfer of funds.--The Secretary shall transfer to - the Secretary of Education the funds necessary-- - ``(A) to pay interest and special allowances on - student loans under this section (in accordance with - sections 428(o), 455(l), and 464(j) of the Higher - Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and - 1087dd(j)); and - ``(B) to reimburse the Secretary of Education for - any reasonable administrative costs incurred by the - Secretary in coordinating the program under this - section with the administration of the student loan - programs under parts B, D, and E of title IV of the - Higher Education Act of 1965 (20 U.S.C. 1071 et seq., - 1087a et seq., 1087aa et seq.). - ``(g) Special Allowance Defined.--In this section, the term + ``(2) Reimbursement authorized.--The Secretary is + authorized to reimburse the Secretary of Education-- + ``(A) for the funds necessary to pay interest and + special allowances on student loans under this section + (in accordance with sections 428(o), 455(l), and 464(j) + of the Higher Education Act of 1965 (20 U.S.C. 1078(o), + 1087e(l), and 1087dd(j)); and + ``(B) for any reasonable administrative costs + incurred by the Secretary of Education in coordinating + the program under this section with the administration + of the student loan programs under parts B, D, and E of + title IV of the Higher Education Act of 1965 (20 U.S.C. + 1071 et seq., 1087a et seq., 1087aa et seq.). + ``(f) Special Allowance Defined.--In this section, the term `special allowance' means a special allowance that is payable under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''. (b) Conforming Amendments.-- @@ -645,7 +620,7 @@ section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''. Oceanic and Atmospheric Administration, respectively'' after ``Armed Forces''. (c) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), as amended by section 201(b), is further amended by inserting after the item relating to section 267 the following: @@ -667,7 +642,7 @@ expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution (as determined by the Secretary of Education) a program of education approved by the Secretary that leads to-- - ``(1) a baccalaureate degree in not more than 5 academic + ``(1) a baccalaureate degree in not more than five academic years; or ``(2) a postbaccalaureate degree. ``(b) Eligible Persons.-- @@ -690,10 +665,11 @@ Secretary that leads to-- ``(B) upon completion of the person's educational program, agrees to serve on active duty, immediately after appointment, for-- - ``(i) up to 3 years if the person received - less than 3 years of assistance; and - ``(ii) up to 5 years if the person received - at least 3 years of assistance. + ``(i) up to three years if the person + received less than three years of assistance; + and + ``(ii) up to five years if the person + received at least three years of assistance. ``(c) Qualifying Expenses.--Expenses for which financial assistance may be provided under subsection (a) are the following: ``(1) Tuition and fees charged by the educational @@ -709,7 +685,7 @@ amount of financial assistance provided to a person under subsection title 10, United States Code, for each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(2). ``(e) Duration of Assistance.--Financial assistance may be provided -to a person under subsection (a) for not more than 5 consecutive +to a person under subsection (a) for not more than five consecutive academic years. ``(f) Subsistence Allowance.-- ``(1) In general.--A person who receives financial @@ -771,9 +747,9 @@ academic years. to reimburse the Secretary imposed under paragraph (2) is, for all purposes, a debt owed to the United States. ``(5) Discharge in bankruptcy.--A discharge in bankruptcy - under title 11, United States Code, that is entered less than 5 - years after the termination of a written agreement entered into - under subsection (b)(1)(C) does not discharge the person + under title 11, United States Code, that is entered less than + five years after the termination of a written agreement entered + into under subsection (b)(1)(C) does not discharge the person signing the agreement from a debt arising under such agreement or under paragraph (2). ``(i) Regulations.--The Secretary may prescribe such regulations @@ -783,7 +759,7 @@ section. obligation under this section may be completed concurrently with a service obligation under section 216.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), as amended by section 202(c), is further amended by inserting after the item relating to section 268 the following: @@ -846,7 +822,8 @@ SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED (6) by inserting after paragraph (19), as redesignated, the following: ``(20) Subchapter I of chapter 88, relating to Military - Family Programs. + Family Programs, applicable on an as-available and fully + reimbursable basis. ``(21) Section 2005, relating to advanced education assistance, active duty agreements, and reimbursement requirements.''. @@ -895,34 +872,17 @@ inserting after section 261 the following: ``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED STATES CODE. - ``(a) Provisions Made Applicable to Commissioned Officer Corps.-- -The provisions of law applicable to the Armed Forces under the + ``The provisions of law applicable to the Armed Forces under the following provisions of title 37, United States Code, shall apply to the commissioned officer corps of the Administration: - ``(1) Section 324, relating to accession bonuses for new - officers in critical skills. - ``(2) Section 403(f)(3), relating to prescribing - regulations defining the terms `field duty' and `sea duty'. - ``(3) Section 403(l), relating to temporary continuation of + ``(1) Section 403(l), relating to temporary continuation of housing allowance for dependents of members dying on active duty. - ``(4) Section 415, relating to initial uniform allowances. - ``(5) Section 488, relating to allowances for recruiting - expenses. - ``(6) Section 495, relating to allowances for funeral - honors duty. - ``(b) References.--The authority vested by title 37, United States -Code, in the `military departments', `the Secretary concerned', or `the -Secretary of Defense' with respect to the provisions of law referred to -in subsection (a) shall be exercised, with respect to the commissioned -officer corps of the Administration, by the Secretary of Commerce or -the Secretary's designee.''. - (b) Personal Money Allowance.--Section 414(a)(2) of title 37, -United States Code, is amended by inserting ``or the director of the -commissioned officer corps of the National Oceanic and Atmospheric -Administration'' after ``Health Service''. - (c) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services + ``(2) Section 415, relating to initial uniform allowances. + ``(3) Section 488, relating to allowances for recruiting + expenses.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by inserting after the item relating to section 261 the following: @@ -939,7 +899,7 @@ amended by section 205(a), is further amended-- (2) by inserting after paragraph (7) the following: ``(8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions.''. - (b) Conforming Amendment.--Subsection (b) of such section is + (b) Conforming Amendment.--Subsection (b) of such section 261 is amended by adding at the end the following: ``For purposes of paragraph (8) of subsection (a), the term `Inspector General' in section 1034 of such title 10 shall mean the Inspector General of the Department of @@ -954,33 +914,17 @@ Administration, including by prescribing such administrative procedures for investigation and appeal within the commissioned officer corps as the Secretary considers appropriate.''. -SEC. 208. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE SERVICE LAW. - - Section 3304(f) of title 5, United States Code, is amended-- - (1) in paragraph (1), by inserting ``and members of the - commissioned officer corps of the National Oceanic and - Atmospheric Administration (or its predecessor organization the - Coast and Geodetic Survey) separated from such uniformed - service'' after ``separated from the armed forces''; - (2) in paragraph (2), by striking ``or veteran'' and - inserting ``, veteran, or member''; and - (3) in paragraph (4), by inserting ``and members of the - commissioned officer corps of the National Oceanic and - Atmospheric Administration (or its predecessor organization the - Coast and Geodetic Survey) separated from such uniformed - service'' after ``separated from the armed forces''. - -SEC. 209. EMPLOYMENT AND REEMPLOYMENT RIGHTS. +SEC. 208. EMPLOYMENT AND REEMPLOYMENT RIGHTS. Section 4303(16) of title 38, United States Code, is amended by inserting ``the commissioned officer corps of the National Oceanic and Atmospheric Administration,'' after ``Public Health Service,''. -SEC. 210. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS FOR +SEC. 209. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS. (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by -this title, is further amended by adding at the end the following: +this Act, is further amended by adding at the end the following: ``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN @@ -992,9 +936,10 @@ limits consideration of applications for such position to applications submitted by individuals serving in a career or career-conditional position in the competitive service within the Administration, the Secretary shall deem an officer who has served as an officer in the -commissioned officer corps for at least 3 years to be serving in a -career or career-conditional position in the competitive service within -the Administration for purposes of such limitation. +commissioned officer corps of the Administration for at least three +years to be serving in a career or career-conditional position in the +competitive service within the Administration for purposes of such +limitation. ``(b) Career Appointments.--If the Secretary selects an application submitted by an officer described in subsection (a) for a position described in such subsection, the Secretary shall give such officer a @@ -1004,10 +949,10 @@ appropriate. `competitive service' has the meaning given the term in section 2102 of title 5, United States Code.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by inserting after the item relating to section 269, as -added by section 203, the following new item: +added by section 203(b), the following new item: ``Sec. 269A. Treatment of commission in commissioned officer corps as employment in Administration for purposes @@ -1040,51 +985,38 @@ to read as follows: other grade than ensign. ``(ii) Rank.--Officer candidates receiving appointments as ensigns upon graduation from - basic officer training program shall take rank - according to their proficiency as shown by the - order of their merit at date of graduation. + the basic officer training program shall take + rank according to their proficiency as shown by + the order of their merit at date of graduation. ``(2) Source of appointments.--An original appointment may be made from among the following: ``(A) Graduates of the basic officer training program of the commissioned officer corps of the Administration. - ``(B) Graduates of the military service academies - of the United States who otherwise meet the academic + ``(B) Subject to the approval of the Secretary of + Defense, graduates of the military service academies of + the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A). - ``(C) Graduates of the maritime academies of the - States who-- + ``(C) Graduates of the State maritime academies + who-- ``(i) otherwise meet the academic standards for enrollment in the training program described in subparagraph (A); - ``(ii) completed at least 3 years of - regimented training while at a maritime academy - of a State; and + ``(ii) completed at least three years of + regimented training while at a State maritime + academy; and ``(iii) obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard. ``(D) Licensed officers of the United States - merchant marine who have served 2 or more years aboard - a vessel of the United States in the capacity of a - licensed officer, who otherwise meet the academic + merchant marine who have served two or more years + aboard a vessel of the United States in the capacity of + a licensed officer, who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A). ``(3) Definitions.--In this subsection: - ``(A) Maritime academies of the states.--The term - `maritime academies of the States' means the following: - ``(i) California Maritime Academy, Vallejo, - California. - ``(ii) Great Lakes Maritime Academy, - Traverse City, Michigan. - ``(iii) Maine Maritime Academy, Castine, - Maine. - ``(iv) Massachusetts Maritime Academy, - Buzzards Bay, Massachusetts. - ``(v) State University of New York Maritime - College, Fort Schuyler, New York. - ``(vi) Texas A&M Maritime Academy, - Galveston, Texas. - ``(B) Military service academies of the united + ``(A) Military service academies of the united states.--The term `military service academies of the United States' means the following: ``(i) The United States Military Academy, @@ -1097,6 +1029,9 @@ to read as follows: Academy, New London, Connecticut. ``(v) The United States Merchant Marine Academy, Kings Point, New York. + ``(B) State maritime academy.--The term `State + maritime academy' has the meaning given the term in + section 51102 of title 46, United States Code. ``(b) Reappointment.-- ``(1) In general.--Except as provided in paragraph (2), an individual who previously served in the commissioned officer @@ -1111,14 +1046,14 @@ may not be given to an individual until the individual's mental, moral, physical, and professional fitness to perform the duties of an officer has been established under such regulations as the Secretary shall prescribe. - ``(d) Precedence of Appointees.--Appointees under this section -shall take precedence in the grade to which appointed in accordance -with the dates of their commissions as commissioned officers in such -grade. Appointees whose dates of commission are the same shall take -precedence with each other as the Secretary shall determine. + ``(d) Order of Precedence.--Appointees under this section shall +take precedence in the grade to which appointed in accordance with the +dates of their commissions as commissioned officers in such grade. The +order of precedence of appointees whose dates of commission are the +same shall be determined by the Secretary. ``(e) Inter-Service Transfers.--For inter-service transfers (as -described in the Department of Defense Directive 1300.4 (dated December -27, 2006)) the Secretary shall-- +described in Department of Defense Directive 1300.4 (dated December 27, +2006)) the Secretary shall-- ``(1) coordinate with the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers; @@ -1126,9 +1061,10 @@ described in the Department of Defense Directive 1300.4 (dated December recruitment purposes as determined appropriate by the Secretary; and ``(3) reappoint such inter-service transfers to the - equivalent grade in the commissioned officer corps.''. + equivalent grade in the commissioned officer corps of the + Administration.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by striking the item relating to section 221 and inserting the following: @@ -1146,14 +1082,14 @@ such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. ``(b) Membership.-- ``(1) In general.--A board convened under subsection (a) - shall consist of 5 or more officers who are serving in or above - the permanent grade of the officers under consideration by the - board. + shall consist of five or more officers who are serving in or + above the permanent grade of the officers under consideration + by the board. ``(2) Retired officers.--Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary. - ``(3) No membership on 2 successive boards.--No officer may - be a member of 2 successive personnel boards convened to + ``(3) No membership on two successive boards.--No officer + may be a member of two successive personnel boards convened to consider officers of the same grade for promotion or separation. ``(c) Duties.--Each personnel board shall-- @@ -1170,7 +1106,7 @@ recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as the Secretary or the President considers appropriate. - ``(e) Authority for Officers To Opt Out of Promotion + ``(e) Authority for Officers to Opt Out of Promotion Consideration.-- ``(1) In general.--The Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps may @@ -1178,7 +1114,7 @@ Consideration.-- the approval of the Director, be excluded from consideration for promotion by a personnel board convened under this section. ``(2) Approval.--The Director shall approve a request made - by an officer under subsection (a) only if-- + by an officer under paragraph (1) only if-- ``(A) the basis for the request is to allow the officer to complete a broadening assignment, advanced education, another assignment of significant value to @@ -1236,12 +1172,12 @@ dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary. ``(d) Any One Grade.--When determined by the Secretary to be in the -best interest of the commissioned officer corps, officers in any -permanent grade may be temporarily promoted one grade by the President. -Any such temporary promotion terminates upon the transfer of the -officer to a new assignment.''. +best interest of the commissioned officer corps of the Administration, +officers in any permanent grade may be temporarily promoted one grade +by the President. Any such temporary promotion terminates upon the +transfer of the officer to a new assignment.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by striking the item relating to section 229 and inserting the following: @@ -1261,8 +1197,8 @@ number of appointments of officer candidates. under regulations, which the Secretary shall prescribe, including regulations with respect to determining age limits, methods of selection of officer candidates, term of service as an officer -candidate before graduation from the program, and all other matters -affecting such appointment. +candidate before graduation from the basic officer training program of +the Administration, and all other matters affecting such appointment. ``(c) Dismissal.--The Secretary may dismiss from the basic officer training program of the Administration any officer candidate who, during the officer candidate's term as an officer candidate, the @@ -1287,7 +1223,7 @@ Atmospheric Administration Commissioned Officer Corps. ``(i) will accept an appointment, if tendered, as an officer; and ``(ii) will serve on active duty for at - least 4 years immediately after such + least four years immediately after such appointment. ``(e) Regulations.--The Secretary shall prescribe regulations to carry out this section. Such regulations shall include-- @@ -1300,7 +1236,7 @@ who does not fulfill the terms of the obligation to serve as specified under subsection (d) shall be subject to the repayment provisions of section 216(b).''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by inserting after the item relating to section 233 the following: @@ -1323,7 +1259,7 @@ training program of the commissioned officer corps of the National Oceanic and Atmospheric Administration is entitled, while participating in such program, to monthly officer candidate pay at monthly rates equal to the basic pay of an enlisted member in the pay grade E-5 with -less than 2 years of service. +less than two years of service. ``(2) An individual who graduates from such program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the @@ -1337,16 +1273,16 @@ section 305(a), is further amended by adding at the end the following: ``SEC. 235. PROCUREMENT OF PERSONNEL. - ``The Secretary may make such expenditures as the Secretary -considers necessary in order to obtain recruits for the commissioned -officer corps of the Administration, including advertising.''. + ``The Secretary may take such measures as the Secretary determines +necessary in order to obtain recruits for the commissioned officer +corps of the Administration, including advertising.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), as amended by section 305(b), is further amended by inserting after the item relating to section 234 the following: -``235. Procurement of personnel.''. +``Sec. 235. Procurement of personnel.''. SEC. 307. CAREER INTERMISSION PROGRAM. @@ -1365,7 +1301,8 @@ Inactivation.-- duty under a program under this section of an officer participating in the program shall be such period as the Secretary shall specify in the agreement of the officer under - subsection (c), except that such period may not exceed 3 years. + subsection (c), except that such period may not exceed three + years. ``(2) Exclusion from retirement.--Any period of participation of an officer in a program under this section shall not count toward eligibility for retirement or @@ -1384,7 +1321,7 @@ under which that officer shall agree as follows: the inactivation of the officer from active duty. ``(2) Following completion of the period of the inactivation of the officer from active duty under the program, - to serve 2 months on active duty for each month of the period + to serve two months on active duty for each month of the period of the inactivation of the officer from active duty under the program. ``(d) Conditions of Release.--The Secretary shall-- @@ -1393,7 +1330,7 @@ under which that officer shall agree as follows: addressed in the agreement required by subsection (c); and ``(2) at a minimum, prescribe the procedures and standards to be used to instruct an officer on the obligations to be - assumed by the officer under paragraph (2) of such subsection + assumed by the officer under paragraph (1) of such subsection while the officer is released from active duty. ``(e) Order to Active Duty.--Under regulations prescribed by the Secretary, an officer participating in a program under this section @@ -1502,7 +1439,7 @@ participation in the program and be ordered to active duty. program under this section is entitled to carry forward the leave balance existing as of the day on which the officer begins participation and accumulated in accordance with section - 701 of title 10, but not to exceed 60 days. + 701 of title 10, United States Code, but not to exceed 60 days. ``(g) Promotion.-- ``(1) In general.--An officer participating in a program under this section shall not, while participating in the @@ -1525,11 +1462,11 @@ be treated as a member of the uniformed services on active duty for a period of more than 30 days for purposes of-- ``(1) the entitlement of the officer and of the dependents of the officer to medical and dental care under the provisions - of chapter 55 of title 10; and + of chapter 55 of title 10, United States Code; and ``(2) retirement or separation for physical disability under the provisions of subtitle C.''. (b) Clerical Amendment.--The table of contents in section 1 of the -Act entitled ``An Act to authorize the Hydrographic Services +Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), as amended by section 306(b), is further amended by inserting after the item relating to section 235 the following: @@ -1570,4 +1507,164 @@ pay under this section if the officer-- ``(1) expresses a desire not to be selected for promotion; or ``(2) requests removal from the list of selectees.''. - \ No newline at end of file + + TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS + +SEC. 501. CHARTING AND SURVEY SERVICES. + + (a) In General.--Not later than 270 days after the development of +the strategy required by section 1002(b) of the Frank LoBiondo Coast +Guard Authorization Act of 2018 (33 U.S.C. 892a note), the Secretary of +Commerce shall enter into not fewer than 2 multi-year contracts with 1 +or more private entities for the performance of charting and survey +services by vessels. + (b) Charting and Surveys in the Arctic.--In soliciting and engaging +the services of vessels under subsection (a), the Secretary shall +particularly emphasize the need for charting and surveys in the Arctic. + +SEC. 502. CO-LOCATION AGREEMENTS. + + (a) In General.--During fiscal years 2021 through 2030, and subject +to the availability of appropriations, the Administrator of the +National Oceanic and Atmospheric Administration may execute +noncompetitive co-location agreements for real property and incidental +goods and services with entities described in subsection (b) for +periods of not more than 20 years, if each such agreement is supported +by a price reasonableness analysis. + (b) Entities Described.--An entity described in this subsection +is-- + (1) the government of any State, territory, possession, or + locality of the United States; + (2) any Tribal organization (as defined in section 4 of the + Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304)); + (3) any subdivision of-- + (A) a government described in paragraph (1); or + (B) an organization described in paragraph (2); or + (4) any organization that is-- + (A) organized under the laws of the United States + or any jurisdiction within the United States; and + (B) described in section 501(c) of the Internal + Revenue Code of 1986 and exempt from tax under section + 501(a) of such Code. + (c) Collaboration Agreements.--Upon the execution of an agreement +authorized by subsection (a) with an entity, the Administrator may +enter into agreements with the entity to collaborate or engage in +projects or programs on matters of mutual interest for periods not to +exceed the term of the agreement. The cost of such agreements shall be +apportioned equitably, as determined by the Administrator. + (d) Savings Clause.--Nothing in this section shall be construed-- + (1) to affect the authority of the Administrator of General + Services; or + (2) to grant the Administrator of the National Oceanic and + Atmospheric Administration any additional authority to enter + into a lease without approval of the General Services + Administration. + +SEC. 503. SATELLITE AND DATA MANAGEMENT. + + Section 301 of the Weather Research and Forecasting Innovation Act +of 2017 (15 U.S.C. 8531) is amended-- + (1) in subsection (c)(1), by striking subparagraph (D) and + inserting the following: + ``(D) improve-- + ``(i) weather and climate forecasting and + predictions; and + ``(ii) the understanding, management, and + exploration of the ocean.''; and + (2) in subsection (d)-- + (A) in paragraph (1)-- + (i) by striking ``data and satellite + systems'' and inserting ``data, satellite, and + other observing systems''; and + (ii) by striking ``to carry out'' and all + that follows and inserting the following: ``to + carry out-- + ``(A) basic, applied, and advanced research + projects and ocean exploration missions to meet the + objectives described in subparagraphs (A) through (D) + of subsection (c)(1); or + ``(B) any other type of project to meet other + mission objectives, as determined by the Under + Secretary.''; + (B) in paragraph (2)(B)(i), by striking + ``satellites'' and all that follows and inserting + ``systems, including satellites, instrumentation, + ground stations, data, and data processing;''; and + (C) in paragraph (3), by striking ``2023'' and + inserting ``2030''. + +SEC. 504. IMPROVEMENTS RELATING TO SEXUAL HARASSMENT AND ASSAULT + PREVENTION AT THE NATIONAL OCEANIC AND ATMOSPHERIC + ADMINISTRATION. + + (a) Reporting.--Subtitle C of title XXXV of the National Defense +Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.) is +amended-- + (1) in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by + striking ``can be confidentially reported'' and inserting ``can + be reported on a restricted or unrestricted basis''; and + (2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by + striking ``can be confidentially reported'' and inserting ``can + be reported on a restricted or unrestricted basis''. + (b) Investigative Requirement.--Such subtitle is amended-- + (1) by redesignating sections 3546 and 3547 as sections + 3548 and 3549, respectively; and + (2) by inserting after section 3545 the following: + +``SEC. 3546. INVESTIGATION REQUIREMENT. + + ``(a) Requirement to Investigate.-- + ``(1) In general.--The Secretary of Commerce, acting + through the Under Secretary for Oceans and Atmosphere, shall + ensure that each allegation of sexual harassment reported under + section 3541 and each allegation of sexual assault reported + under section 3542 is investigated thoroughly and promptly. + ``(2) Sense of congress on commencement of investigation.-- + It is the sense of Congress that the Secretary should ensure + that an investigation of alleged sexual harassment reported + under section 3541 or sexual assault reported under section + 3542 commences not later than 48 hours after the time at which + the allegation was reported. + ``(b) Notification of Delay.--In any case in which the time between +the reporting of alleged sexual harassment or sexual assault under +section 3541 or 3542, respectively, and commencement of an +investigation of the allegation exceeds 48 hours, the Secretary shall +notify the Committee on Commerce, Science, and Transportation of the +Senate and the Committee on Natural Resources of the House of +Representatives of the delay. + +``SEC. 3547. CRIMINAL REFERRAL. + + ``If the Secretary of Commerce finds, pursuant to an investigation +under section 3546, evidence that a crime may have been committed, the +Secretary shall refer the matter to the appropriate law enforcement +authorities, including the appropriate United States Attorney.''. + (c) Clerical Amendment.--The table of contents in section 2(b) of +such Act is amended by striking the items relating to sections 3546 and +3547 and inserting the following new items: + +``Sec. 3546. Investigation requirement. +``Sec. 3547. Criminal referral. +``Sec. 3548. Annual report on sexual assaults in the National Oceanic + and Atmospheric Administration. +``Sec. 3549. Sexual assault defined.''. + + Passed the Senate November 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 2981 + +_______________________________________________________________________ + + AN ACT + + To reauthorize and amend the National Oceanic and Atmospheric + Administration Commissioned Officer Corps Act of 2002, and for other + purposes. From f1658992ed099d16ec0b9be574250dab4784db8d Mon Sep 17 00:00:00 2001 From: "Sen. Sullivan, Dan [R-AK]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 904/984] Senate-2981: Enrolled --- bills_text/Senate-2981.txt | 2039 ++++++++++++++++-------------------- 1 file changed, 930 insertions(+), 1109 deletions(-) diff --git a/bills_text/Senate-2981.txt b/bills_text/Senate-2981.txt index a88f68d..06ff7b0 100644 --- a/bills_text/Senate-2981.txt +++ b/bills_text/Senate-2981.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - S. 2981 + S.2981 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To reauthorize and amend the National Oceanic and Atmospheric - Administration Commissioned Officer Corps Act of 2002, and for other - purposes. + Administration Commissioned Officer Corps Act of 2002, and for other + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020''. @@ -25,8 +32,9 @@ follows: Sec. 1. Short title; table of contents. Sec. 2. References to National Oceanic and Atmospheric Administration - Commissioned Officer Corps Act of 2002. - TITLE I--GENERAL PROVISIONS + Commissioned Officer Corps Act of 2002. + + TITLE I--GENERAL PROVISIONS Sec. 101. Strength and distribution in grade. Sec. 102. Recalled officers. @@ -35,23 +43,24 @@ Sec. 104. Training and physical fitness. Sec. 105. Aviation accession training programs. Sec. 106. Recruiting materials. Sec. 107. Technical correction. + TITLE II--PARITY AND RECRUITMENT Sec. 201. Education loans. Sec. 202. Interest payments. Sec. 203. Student pre-commissioning program. Sec. 204. Limitation on educational assistance. -Sec. 205. Applicability of certain provisions of title 10, United - States Code, and extension of certain - authorities applicable to members of the - Armed Forces to commissioned officer corps. -Sec. 206. Applicability of certain provisions of title 37, United - States Code. +Sec. 205. Applicability of certain provisions of title 10, United States + Code, and extension of certain authorities applicable to + members of the Armed Forces to commissioned officer corps. +Sec. 206. Applicability of certain provisions of title 37, United States + Code. Sec. 207. Prohibition on retaliatory personnel actions. Sec. 208. Employment and reemployment rights. Sec. 209. Treatment of commission in commissioned officer corps for - purposes of certain hiring decisions. - TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS + purposes of certain hiring decisions. + + TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS Sec. 301. Appointments. Sec. 302. Personnel boards. @@ -60,22 +69,22 @@ Sec. 304. Temporary appointments. Sec. 305. Officer candidates. Sec. 306. Procurement of personnel. Sec. 307. Career intermission program. - TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS + + TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS Sec. 401. Involuntary retirement or separation. Sec. 402. Separation pay. + TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS Sec. 501. Charting and survey services. Sec. 502. Co-location agreements. Sec. 503. Satellite and data management. Sec. 504. Improvements relating to sexual harassment and assault - prevention at the National Oceanic and - Atmospheric Administration. - + prevention at the National Oceanic and Atmospheric + Administration. SEC. 2. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION - COMMISSIONED OFFICER CORPS ACT OF 2002. - +COMMISSIONED OFFICER CORPS ACT OF 2002. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to @@ -85,40 +94,36 @@ U.S.C. 3001 et seq.). TITLE I--GENERAL PROVISIONS -SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE. - + SEC. 101. STRENGTH AND DISTRIBUTION IN GRADE. Section 214 (33 U.S.C. 3004) is amended to read as follows: - -``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. - + ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. ``(a) Grades.--The commissioned grades in the commissioned officer corps of the Administration are the following, in relative rank with officers of the Navy: - ``(1) Vice admiral. - ``(2) Rear admiral. - ``(3) Rear admiral (lower half). - ``(4) Captain. - ``(5) Commander. - ``(6) Lieutenant commander. - ``(7) Lieutenant. - ``(8) Lieutenant (junior grade). - ``(9) Ensign. + ``(1) Vice admiral. + ``(2) Rear admiral. + ``(3) Rear admiral (lower half). + ``(4) Captain. + ``(5) Commander. + ``(6) Lieutenant commander. + ``(7) Lieutenant. + ``(8) Lieutenant (junior grade). + ``(9) Ensign. ``(b) Grade Distribution.--The Secretary shall prescribe, with respect to the distribution on the lineal list in grade, the percentages applicable to the grades set forth in subsection (a). ``(c) Annual Computation of Number in Grade.-- - ``(1) In general.--Not less frequently than once each year, - the Secretary shall make a computation to determine the number - of officers on the lineal list authorized to be serving in each - grade. - ``(2) Method of computation.--The number in each grade - shall be computed by applying the applicable percentage to the - total number of such officers serving on active duty on the - date the computation is made. - ``(3) Fractions.--If a final fraction occurs in computing - the authorized number of officers in a grade, the nearest whole - number shall be taken. If the fraction is one-half, the next - higher whole number shall be taken. + ``(1) In general.--Not less frequently than once each year, the + Secretary shall make a computation to determine the number of + officers on the lineal list authorized to be serving in each grade. + ``(2) Method of computation.--The number in each grade shall be + computed by applying the applicable percentage to the total number + of such officers serving on active duty on the date the computation + is made. + ``(3) Fractions.--If a final fraction occurs in computing the + authorized number of officers in a grade, the nearest whole number + shall be taken. If the fraction is one-half, the next higher whole + number shall be taken. ``(d) Temporary Increase in Numbers.--The total number of officers authorized by law to be on the lineal list during a fiscal year may be temporarily exceeded if the average number on that list during that @@ -131,23 +136,19 @@ under subsection (c) and shall not count against those strengths. grade or pay or separated from the commissioned officer corps of the Administration as the result of a computation made to determine the authorized number of officers in the various grades.''. - -SEC. 102. RECALLED OFFICERS. - + SEC. 102. RECALLED OFFICERS. (a) In General.--Section 215 (33 U.S.C. 3005) is amended to read as follows: - -``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS. - + ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS. ``(a) In General.--The total number of authorized commissioned officers on the lineal list of the commissioned officer corps of the Administration shall not exceed 500. ``(b) Positions of Importance and Responsibility.--Officers serving in positions designated under section 228 and officers recalled from retired status or detailed to an agency other than the Administration-- - ``(1) may not be counted in determining the total number of - authorized officers on the lineal list under this section; and - ``(2) may not count against such number.''. + ``(1) may not be counted in determining the total number of + authorized officers on the lineal list under this section; and + ``(2) may not count against such number.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) @@ -155,53 +156,47 @@ is amended by striking the item relating to section 215 and inserting the following: ``Sec. 215. Number of authorized commissioned officers.''. - -SEC. 103. OBLIGATED SERVICE REQUIREMENT. - + SEC. 103. OBLIGATED SERVICE REQUIREMENT. (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is amended by adding at the end the following: - -``SEC. 216. OBLIGATED SERVICE REQUIREMENT. - + ``SEC. 216. OBLIGATED SERVICE REQUIREMENT. ``(a) In General.-- - ``(1) Regulations.--The Secretary shall prescribe the - obligated service requirements for appointments, training, - promotions, separations, continuations, and retirements of - officers not otherwise covered by law. - ``(2) Written agreements.--The Secretary and officers shall - enter into written agreements that describe the officers' - obligated service requirements prescribed under paragraph (1) - in return for such appointments, training, promotions, - separations, continuations, and retirements as the Secretary - considers appropriate. + ``(1) Regulations.--The Secretary shall prescribe the obligated + service requirements for appointments, training, promotions, + separations, continuations, and retirements of officers not + otherwise covered by law. + ``(2) Written agreements.--The Secretary and officers shall + enter into written agreements that describe the officers' obligated + service requirements prescribed under paragraph (1) in return for + such appointments, training, promotions, separations, + continuations, and retirements as the Secretary considers + appropriate. ``(b) Repayment for Failure to Satisfy Requirements.-- - ``(1) In general.--The Secretary may require an officer who - fails to meet the service requirements prescribed under - subsection (a)(1) to reimburse the Secretary in an amount that - bears the same ratio to the total costs of the training - provided to that officer by the Secretary as the unserved - portion of active duty bears to the total period of active duty - the officer agreed to serve. - ``(2) Obligation as debt to united states.--An obligation - to reimburse the Secretary under paragraph (1) is, for all - purposes, a debt owed to the United States. - ``(3) Discharge in bankruptcy.--A discharge in bankruptcy - under title 11 that is entered less than five years after the - termination of a written agreement entered into under - subsection (a)(2) does not discharge the individual signing the - agreement from a debt arising under such agreement. + ``(1) In general.--The Secretary may require an officer who + fails to meet the service requirements prescribed under subsection + (a)(1) to reimburse the Secretary in an amount that bears the same + ratio to the total costs of the training provided to that officer + by the Secretary as the unserved portion of active duty bears to + the total period of active duty the officer agreed to serve. + ``(2) Obligation as debt to united states.--An obligation to + reimburse the Secretary under paragraph (1) is, for all purposes, a + debt owed to the United States. + ``(3) Discharge in bankruptcy.--A discharge in bankruptcy under + title 11 that is entered less than five years after the termination + of a written agreement entered into under subsection (a)(2) does + not discharge the individual signing the agreement from a debt + arising under such agreement. ``(c) Waiver or Suspension of Compliance.--The Secretary may waive the service obligation of an officer who-- - ``(1) becomes unqualified to serve on active duty in the + ``(1) becomes unqualified to serve on active duty in the + commissioned officer corps of the Administration because of a + circumstance not within the control of that officer; or + ``(2) is-- + ``(A) not physically qualified for appointment; and + ``(B) determined to be unqualified for service in the commissioned officer corps of the Administration because of a - circumstance not within the control of that officer; or - ``(2) is-- - ``(A) not physically qualified for appointment; and - ``(B) determined to be unqualified for service in - the commissioned officer corps of the Administration - because of a physical or medical condition that was not - the result of the officer's own misconduct or grossly - negligent conduct.''. + physical or medical condition that was not the result of the + officer's own misconduct or grossly negligent conduct.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) @@ -209,30 +204,26 @@ is amended by inserting after the item relating to section 215 the following: ``Sec. 216. Obligated service requirement.''. - -SEC. 104. TRAINING AND PHYSICAL FITNESS. - + SEC. 104. TRAINING AND PHYSICAL FITNESS. (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by section 103(a), is further amended by adding at the end the following: - -``SEC. 217. TRAINING AND PHYSICAL FITNESS. - + ``SEC. 217. TRAINING AND PHYSICAL FITNESS. ``(a) Training.--The Secretary may take such measures as may be necessary to ensure that officers are prepared to carry out their duties in the commissioned officer corps of the Administration and proficient in the skills necessary to carry out such duties. Such measures may include the following: - ``(1) Carrying out training programs and correspondence - courses, including establishing and operating a basic officer - training program to provide initial indoctrination and maritime - vocational training for officer candidates as well as refresher - training, mid-career training, aviation training, and such - other training as the Secretary considers necessary for officer - development and proficiency. - ``(2) Providing officers and officer candidates with - educational materials. - ``(3) Acquiring such equipment as may be necessary for - training and instructional purposes. + ``(1) Carrying out training programs and correspondence + courses, including establishing and operating a basic officer + training program to provide initial indoctrination and maritime + vocational training for officer candidates as well as refresher + training, mid-career training, aviation training, and such other + training as the Secretary considers necessary for officer + development and proficiency. + ``(2) Providing officers and officer candidates with + educational materials. + ``(3) Acquiring such equipment as may be necessary for training + and instructional purposes. ``(b) Physical Fitness.--The Secretary shall ensure that officers maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent to @@ -244,169 +235,149 @@ as amended by section 103(b), is further amended by inserting after the item relating to section 216 the following: ``Sec. 217. Training and physical fitness.''. - -SEC. 105. AVIATION ACCESSION TRAINING PROGRAMS. - + SEC. 105. AVIATION ACCESSION TRAINING PROGRAMS. (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by section 104(a), is further amended by adding at the end the following: - -``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS. - + ``SEC. 218. AVIATION ACCESSION TRAINING PROGRAMS. ``(a) Definitions.--In this section: - ``(1) Administrator.--The term `Administrator' means the - Under Secretary of Commerce for Oceans and Atmosphere and the - Administrator of the National Oceanic and Atmospheric - Administration. - ``(2) Member of the program.--The term `member of the - program' means a student who is enrolled in the program. - ``(3) Program.--The term `program' means an aviation - accession training program of the commissioned officer corps of - the Administration established pursuant to subsection (b). + ``(1) Administrator.--The term `Administrator' means the Under + Secretary of Commerce for Oceans and Atmosphere and the + Administrator of the National Oceanic and Atmospheric + Administration. + ``(2) Member of the program.--The term `member of the program' + means a student who is enrolled in the program. + ``(3) Program.--The term `program' means an aviation accession + training program of the commissioned officer corps of the + Administration established pursuant to subsection (b). ``(b) Aviation Accession Training Programs.-- - ``(1) Establishment authorized.--The Administrator, under - regulations prescribed by the Secretary, shall establish and - maintain one or more aviation accession training programs for - the commissioned officer corps of the Administration at - institutions described in paragraph (2). - ``(2) Institutions described.--An institution described in - this paragraph is an educational institution-- - ``(A) that requests to enter into an agreement with - the Administrator providing for the establishment of - the program at the institution; - ``(B) that has, as a part of its curriculum, a - four-year baccalaureate program of professional flight - and piloting instruction that is accredited by the - Aviation Accreditation Board International; - ``(C) that is located in a geographic area that-- - ``(i) experiences a wide variation in - climate-related activity, including frequent - high winds, convective activity (including - tornadoes), periods of low visibility, heat, - and snow and ice episodes, to provide - opportunities for pilots to demonstrate skill - in all weather conditions compatible with - future encounters during their service in the - commissioned officer corps of the - Administration; and - ``(ii) has a climate that can accommodate - both primary and advanced flight training - activity at least 75 percent of the year; and - ``(D) at which the Administrator determines that-- - ``(i) there will be at least one student - enrolled in the program; and - ``(ii) the provisions of this section are - otherwise satisfied. - ``(3) Limitations in connection with particular - institutions.--The program may not be established or maintained - at an institution unless-- - ``(A) the senior commissioned officer or employee - of the commissioned officer corps of the Administration - who is assigned as an advisor to the program at that - institution is given the academic rank of adjunct - professor; and - ``(B) the institution fulfills the terms of its - agreement with the Administrator. - ``(4) Membership in connection with status as student.--At - institutions at which the program is established, the - membership of students in the program shall be elective, as - provided by State law or the authorities of the institution - concerned. + ``(1) Establishment authorized.--The Administrator, under + regulations prescribed by the Secretary, shall establish and + maintain one or more aviation accession training programs for the + commissioned officer corps of the Administration at institutions + described in paragraph (2). + ``(2) Institutions described.--An institution described in this + paragraph is an educational institution-- + ``(A) that requests to enter into an agreement with the + Administrator providing for the establishment of the program at + the institution; + ``(B) that has, as a part of its curriculum, a four-year + baccalaureate program of professional flight and piloting + instruction that is accredited by the Aviation Accreditation + Board International; + ``(C) that is located in a geographic area that-- + ``(i) experiences a wide variation in climate-related + activity, including frequent high winds, convective + activity (including tornadoes), periods of low visibility, + heat, and snow and ice episodes, to provide opportunities + for pilots to demonstrate skill in all weather conditions + compatible with future encounters during their service in + the commissioned officer corps of the Administration; and + ``(ii) has a climate that can accommodate both primary + and advanced flight training activity at least 75 percent + of the year; and + ``(D) at which the Administrator determines that-- + ``(i) there will be at least one student enrolled in + the program; and + ``(ii) the provisions of this section are otherwise + satisfied. + ``(3) Limitations in connection with particular institutions.-- + The program may not be established or maintained at an institution + unless-- + ``(A) the senior commissioned officer or employee of the + commissioned officer corps of the Administration who is + assigned as an advisor to the program at that institution is + given the academic rank of adjunct professor; and + ``(B) the institution fulfills the terms of its agreement + with the Administrator. + ``(4) Membership in connection with status as student.--At + institutions at which the program is established, the membership of + students in the program shall be elective, as provided by State law + or the authorities of the institution concerned. ``(c) Membership.-- - ``(1) Eligibility.--To be eligible for membership in the - program, an individual must-- - ``(A) be a student at an institution at which the - program is established; - ``(B) be a citizen of the United States; - ``(C) contract in writing, with the consent of a - parent or guardian if a minor, with the Administrator, - to-- - ``(i) accept an appointment, if offered, as - a commissioned officer in the commissioned - officer corps of the Administration; and - ``(ii) serve in the commissioned officer - corps of the Administration for not fewer than - four years; - ``(D) enroll in-- - ``(i) a four-year baccalaureate program of - professional flight and piloting instruction; - and - ``(ii) other training or education, - including basic officer training, which is - prescribed by the Administrator as meeting the - preliminary requirement for admission to the - commissioned officer corps of the - Administration; and - ``(E) execute a certificate or take an oath - relating to morality and conduct in such form as the - Administrator prescribes. - ``(2) Completion of program.--A member of the program may - be appointed as a regular officer in the commissioned officer - corps of the Administration if the member meets all - requirements for appointment as such an officer. + ``(1) Eligibility.--To be eligible for membership in the + program, an individual must-- + ``(A) be a student at an institution at which the program + is established; + ``(B) be a citizen of the United States; + ``(C) contract in writing, with the consent of a parent or + guardian if a minor, with the Administrator, to-- + ``(i) accept an appointment, if offered, as a + commissioned officer in the commissioned officer corps of + the Administration; and + ``(ii) serve in the commissioned officer corps of the + Administration for not fewer than four years; + ``(D) enroll in-- + ``(i) a four-year baccalaureate program of professional + flight and piloting instruction; and + ``(ii) other training or education, including basic + officer training, which is prescribed by the Administrator + as meeting the preliminary requirement for admission to the + commissioned officer corps of the Administration; and + ``(E) execute a certificate or take an oath relating to + morality and conduct in such form as the Administrator + prescribes. + ``(2) Completion of program.--A member of the program may be + appointed as a regular officer in the commissioned officer corps of + the Administration if the member meets all requirements for + appointment as such an officer. ``(d) Financial Assistance for Qualified Members.-- - ``(1) Expenses of course of instruction.-- - ``(A) In general.--In the case of a member of the - program who meets such qualifications as the - Administrator establishes for purposes of this - subsection, the Administrator may pay the expenses of - the member in connection with pursuit of a course of - professional flight and piloting instruction under the - program, including tuition, fees, educational materials - such as books, training, certifications, travel, and - laboratory expenses. - ``(B) Assistance after fourth academic year.--In - the case of a member of the program described in - subparagraph (A) who is enrolled in a course described - in that subparagraph that has been approved by the - Administrator and requires more than four academic - years for completion, including elective requirements - of the program, assistance under this subsection may - also be provided during a fifth academic year or during - a combination of a part of a fifth academic year and - summer sessions. - ``(2) Room and board.--In the case of a member eligible to - receive assistance under paragraph (1), the Administrator may, - in lieu of payment of all or part of such assistance, pay the - room and board expenses of the member, and other educational - expenses, of the educational institution concerned. - ``(3) Failure to complete program or accept commission.--A - member of the program who receives assistance under this - subsection and who does not complete the course of instruction, - or who completes the course but declines to accept a commission - in the commissioned officer corps of the Administration when - offered, shall be subject to the repayment provisions of - subsection (e). + ``(1) Expenses of course of instruction.-- + ``(A) In general.--In the case of a member of the program + who meets such qualifications as the Administrator establishes + for purposes of this subsection, the Administrator may pay the + expenses of the member in connection with pursuit of a course + of professional flight and piloting instruction under the + program, including tuition, fees, educational materials such as + books, training, certifications, travel, and laboratory + expenses. + ``(B) Assistance after fourth academic year.--In the case + of a member of the program described in subparagraph (A) who is + enrolled in a course described in that subparagraph that has + been approved by the Administrator and requires more than four + academic years for completion, including elective requirements + of the program, assistance under this subsection may also be + provided during a fifth academic year or during a combination + of a part of a fifth academic year and summer sessions. + ``(2) Room and board.--In the case of a member eligible to + receive assistance under paragraph (1), the Administrator may, in + lieu of payment of all or part of such assistance, pay the room and + board expenses of the member, and other educational expenses, of + the educational institution concerned. + ``(3) Failure to complete program or accept commission.--A + member of the program who receives assistance under this subsection + and who does not complete the course of instruction, or who + completes the course but declines to accept a commission in the + commissioned officer corps of the Administration when offered, + shall be subject to the repayment provisions of subsection (e). ``(e) Repayment of Unearned Portion of Financial Assistance When Conditions of Payment Not Met.-- - ``(1) In general.--A member of the program who receives or - benefits from assistance under subsection (d), and whose - receipt of or benefit from such assistance is subject to the - condition that the member fully satisfy the requirements of - subsection (c), shall repay to the United States an amount - equal to the assistance received or benefitted from if the - member fails to fully satisfy such requirements and may not - receive or benefit from any unpaid amounts of such assistance - after the member fails to satisfy such requirements, unless the - Administrator determines that the imposition of the repayment - requirement and the termination of payment of unpaid amounts of - such assistance with regard to the member would be-- - ``(A) contrary to a personnel policy or management - objective; - ``(B) against equity and good conscience; or - ``(C) contrary to the best interests of the United - States. - ``(2) Regulations.--The Administrator may establish, by - regulations, procedures for determining the amount of the - repayment required under this subsection and the circumstances - under which an exception to repayment may be granted. The - Administrator may specify in the regulations the conditions - under which financial assistance to be paid to a member of the - program will not be made if the member no longer satisfies the - requirements in subsection (c) or qualifications in subsection - (d) for such assistance. - ``(3) Obligation as debt to united states.--An obligation - to repay the United States under this subsection is, for all - purposes, a debt owed to the United States.''. + ``(1) In general.--A member of the program who receives or + benefits from assistance under subsection (d), and whose receipt of + or benefit from such assistance is subject to the condition that + the member fully satisfy the requirements of subsection (c), shall + repay to the United States an amount equal to the assistance + received or benefitted from if the member fails to fully satisfy + such requirements and may not receive or benefit from any unpaid + amounts of such assistance after the member fails to satisfy such + requirements, unless the Administrator determines that the + imposition of the repayment requirement and the termination of + payment of unpaid amounts of such assistance with regard to the + member would be-- + ``(A) contrary to a personnel policy or management + objective; + ``(B) against equity and good conscience; or + ``(C) contrary to the best interests of the United States. + ``(2) Regulations.--The Administrator may establish, by + regulations, procedures for determining the amount of the repayment + required under this subsection and the circumstances under which an + exception to repayment may be granted. The Administrator may + specify in the regulations the conditions under which financial + assistance to be paid to a member of the program will not be made + if the member no longer satisfies the requirements in subsection + (c) or qualifications in subsection (d) for such assistance. + ``(3) Obligation as debt to united states.--An obligation to + repay the United States under this subsection is, for all purposes, + a debt owed to the United States.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), @@ -414,14 +385,10 @@ as amended by section 104(b), is further amended by inserting after the item relating to section 217 the following: ``Sec. 218. Aviation accession training programs.''. - -SEC. 106. RECRUITING MATERIALS. - + SEC. 106. RECRUITING MATERIALS. (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as amended by section 105(a), is further amended by adding at the end the following: - -``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS. - + ``SEC. 219. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS. ``The Secretary may use for public relations purposes of the Department of Commerce any advertising materials developed for use for recruitment and retention of personnel for the commissioned officer @@ -435,102 +402,90 @@ as amended by section 105(b), is further amended by inserting after the item relating to section 218 the following: ``Sec. 219. Use of recruiting materials for public relations.''. - -SEC. 107. TECHNICAL CORRECTION. - + SEC. 107. TECHNICAL CORRECTION. Section 101(21)(C) of title 38, United States Code, is amended by inserting ``in the commissioned officer corps'' before ``of the National''. TITLE II--PARITY AND RECRUITMENT -SEC. 201. EDUCATION LOANS. - + SEC. 201. EDUCATION LOANS. (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by adding at the end the following: - -``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM. - + ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM. ``(a) Authority To Repay Education Loans.--For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty who have skills required by the commissioned officer corps, the Secretary may repay, in the case of a person described in subsection (b), a loan that-- - ``(1) was used by the person to finance education; and - ``(2) was obtained from a governmental entity, private - financial institution, educational institution, or other - authorized entity. + ``(1) was used by the person to finance education; and + ``(2) was obtained from a governmental entity, private + financial institution, educational institution, or other authorized + entity. ``(b) Eligible Persons.--To be eligible to obtain a loan repayment under this section, a person must-- - ``(1) satisfy one of the requirements specified in - subsection (c); - ``(2) be fully qualified for, or hold, an appointment as a - commissioned officer in the commissioned officer corps of the - Administration; and - ``(3) sign a written agreement to serve on active duty, or, - if on active duty, to remain on active duty for a period in - addition to any other incurred active duty obligation. + ``(1) satisfy one of the requirements specified in subsection + (c); + ``(2) be fully qualified for, or hold, an appointment as a + commissioned officer in the commissioned officer corps of the + Administration; and + ``(3) sign a written agreement to serve on active duty, or, if + on active duty, to remain on active duty for a period in addition + to any other incurred active duty obligation. ``(c) Academic and Professional Requirements.--One of the following academic requirements must be satisfied for purposes of determining the eligibility of an individual for a loan repayment under this section: - ``(1) The person is fully qualified in a profession that - the Secretary has determined to be necessary to meet identified - skill shortages in the commissioned officer corps of the - Administration. - ``(2) The person is enrolled as a full-time student in the - final year of a course of study at an accredited educational - institution (as determined by the Secretary of Education) - leading to a degree in a profession that will meet identified - skill shortages in the commissioned officer corps of the - Administration. + ``(1) The person is fully qualified in a profession that the + Secretary has determined to be necessary to meet identified skill + shortages in the commissioned officer corps of the Administration. + ``(2) The person is enrolled as a full-time student in the + final year of a course of study at an accredited educational + institution (as determined by the Secretary of Education) leading + to a degree in a profession that will meet identified skill + shortages in the commissioned officer corps of the Administration. ``(d) Loan Repayments.-- - ``(1) In general.--Subject to the limits established under - paragraph (2), a loan repayment under this section may consist - of the payment of the principal, interest, and related expenses - of a loan obtained by a person described in subsection (b). - ``(2) Limitation on amount.--For each year of obligated - service that a person agrees to serve in an agreement described - in subsection (b)(3), the Secretary may pay not more than the - amount specified in section 2173(e)(2) of title 10, United - States Code. + ``(1) In general.--Subject to the limits established under + paragraph (2), a loan repayment under this section may consist of + the payment of the principal, interest, and related expenses of a + loan obtained by a person described in subsection (b). + ``(2) Limitation on amount.--For each year of obligated service + that a person agrees to serve in an agreement described in + subsection (b)(3), the Secretary may pay not more than the amount + specified in section 2173(e)(2) of title 10, United States Code. ``(e) Active Duty Service Obligation.-- - ``(1) In general.--A person entering into an agreement - described in subsection (b)(3) incurs an active duty service - obligation. - ``(2) Length of obligation determined under regulations.-- - ``(A) In general.--Except as provided in - subparagraph (B), the length of the obligation under - paragraph (1) shall be determined under regulations - prescribed by the Secretary. - ``(B) Minimum obligation.--The regulations - prescribed under subparagraph (A) may not provide for a - period of obligation of less than one year for each - maximum annual amount, or portion thereof, paid on - behalf of the person for qualified loans. - ``(3) Persons on active duty before entering into - agreement.--The active duty service obligation of persons on - active duty before entering into the agreement shall be served - after the conclusion of any other obligation incurred under the - agreement. - ``(4) Concurrent completion of service obligations.--A - service obligation under this section may be completed - concurrently with a service obligation under section 216. + ``(1) In general.--A person entering into an agreement + described in subsection (b)(3) incurs an active duty service + obligation. + ``(2) Length of obligation determined under regulations.-- + ``(A) In general.--Except as provided in subparagraph (B), + the length of the obligation under paragraph (1) shall be + determined under regulations prescribed by the Secretary. + ``(B) Minimum obligation.--The regulations prescribed under + subparagraph (A) may not provide for a period of obligation of + less than one year for each maximum annual amount, or portion + thereof, paid on behalf of the person for qualified loans. + ``(3) Persons on active duty before entering into agreement.-- + The active duty service obligation of persons on active duty before + entering into the agreement shall be served after the conclusion of + any other obligation incurred under the agreement. + ``(4) Concurrent completion of service obligations.--A service + obligation under this section may be completed concurrently with a + service obligation under section 216. ``(f) Effect of Failure To Complete Obligation.-- - ``(1) Alternative obligations.--An officer who is relieved - of the officer's active duty obligation under this section - before the completion of that obligation may be given any - alternative obligation, at the discretion of the Secretary. - ``(2) Repayment.--An officer who does not complete the - period of active duty specified in the agreement entered into - under subsection (b)(3), or the alternative obligation imposed - under paragraph (1), shall be subject to the repayment - provisions under section 216. + ``(1) Alternative obligations.--An officer who is relieved of + the officer's active duty obligation under this section before the + completion of that obligation may be given any alternative + obligation, at the discretion of the Secretary. + ``(2) Repayment.--An officer who does not complete the period + of active duty specified in the agreement entered into under + subsection (b)(3), or the alternative obligation imposed under + paragraph (1), shall be subject to the repayment provisions under + section 216. ``(g) Rulemaking.--The Secretary shall prescribe regulations to carry out this section, including-- - ``(1) standards for qualified loans and authorized payees; - and - ``(2) other terms and conditions for the making of loan - repayments.''. + ``(1) standards for qualified loans and authorized payees; and + ``(2) other terms and conditions for the making of loan + repayments.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) @@ -538,87 +493,78 @@ is amended by inserting after the item relating to section 266 the following: ``Sec. 267. Education loan repayment program.''. - -SEC. 202. INTEREST PAYMENTS. - + SEC. 202. INTEREST PAYMENTS. (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by section 201(a), is further amended by adding at the end the following: - -``SEC. 268. INTEREST PAYMENT PROGRAM. - + ``SEC. 268. INTEREST PAYMENT PROGRAM. ``(a) Authority.--The Secretary may pay the interest and any special allowances that accrue on one or more student loans of an eligible officer, in accordance with this section. ``(b) Eligible Officers.--An officer is eligible for the benefit described in subsection (a) while the officer-- - ``(1) is serving on active duty; - ``(2) has not completed more than three years of service on - active duty; - ``(3) is the debtor on one or more unpaid loans described - in subsection (c); and - ``(4) is not in default on any such loan. + ``(1) is serving on active duty; + ``(2) has not completed more than three years of service on + active duty; + ``(3) is the debtor on one or more unpaid loans described in + subsection (c); and + ``(4) is not in default on any such loan. ``(c) Student Loans.--The authority to make payments under subsection (a) may be exercised with respect to the following loans: - ``(1) A loan made, insured, or guaranteed under part B of - title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et - seq.). - ``(2) A loan made under part D of such title (20 U.S.C. - 1087a et seq.). - ``(3) A loan made under part E of such title (20 U.S.C. - 1087aa et seq.). + ``(1) A loan made, insured, or guaranteed under part B of title + IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.). + ``(2) A loan made under part D of such title (20 U.S.C. 1087a + et seq.). + ``(3) A loan made under part E of such title (20 U.S.C. 1087aa + et seq.). ``(d) Maximum Benefit.--Interest and any special allowance may be paid on behalf of an officer under this section for any of the 36 consecutive months during which the officer is eligible under subsection (b). ``(e) Coordination With Secretary of Education.-- - ``(1) In general.--The Secretary shall consult with the - Secretary of Education regarding the administration of this - section. - ``(2) Reimbursement authorized.--The Secretary is - authorized to reimburse the Secretary of Education-- - ``(A) for the funds necessary to pay interest and - special allowances on student loans under this section - (in accordance with sections 428(o), 455(l), and 464(j) - of the Higher Education Act of 1965 (20 U.S.C. 1078(o), - 1087e(l), and 1087dd(j)); and - ``(B) for any reasonable administrative costs - incurred by the Secretary of Education in coordinating - the program under this section with the administration - of the student loan programs under parts B, D, and E of - title IV of the Higher Education Act of 1965 (20 U.S.C. - 1071 et seq., 1087a et seq., 1087aa et seq.). + ``(1) In general.--The Secretary shall consult with the + Secretary of Education regarding the administration of this + section. + ``(2) Reimbursement authorized.--The Secretary is authorized to + reimburse the Secretary of Education-- + ``(A) for the funds necessary to pay interest and special + allowances on student loans under this section (in accordance + with sections 428(o), 455(l), and 464(j) of the Higher + Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and + 1087dd(j)); and + ``(B) for any reasonable administrative costs incurred by + the Secretary of Education in coordinating the program under + this section with the administration of the student loan + programs under parts B, D, and E of title IV of the Higher + Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., + 1087aa et seq.). ``(f) Special Allowance Defined.--In this section, the term `special allowance' means a special allowance that is payable under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''. (b) Conforming Amendments.-- - (1) Section 428(o) of the Higher Education Act of 1965 (20 - U.S.C. 1078(o)) is amended-- - (A) by striking the subsection heading and - inserting ``Armed Forces and NOAA Commissioned Officer - Corps Student Loan Interest Payment Programs''; and - (B) in paragraph (1)-- - (i) by inserting ``or section 268 of the - National Oceanic and Atmospheric Administration - Commissioned Officer Corps Act of 2002'' after - ``Code,''; and - (ii) by inserting ``or an officer in the - commissioned officer corps of the National - Oceanic and Atmospheric Administration, - respectively,'' after ``Armed Forces''. - (2) Sections 455(l) and 464(j) of the Higher Education Act - of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended-- - (A) by striking the subsection heading and - inserting ``Armed Forces and NOAA Commissioned Officer - Corps Student Loan Interest Payment Programs''; and - (B) in paragraph (1)-- - (i) by inserting ``or section 268 of the - National Oceanic and Atmospheric Administration - Commissioned Officer Corps Act of 2002'' after - ``Code,''; and - (ii) by inserting ``or an officer in the - commissioned officer corps of the National - Oceanic and Atmospheric Administration, - respectively'' after ``Armed Forces''. + (1) Section 428(o) of the Higher Education Act of 1965 (20 + U.S.C. 1078(o)) is amended-- + (A) by striking the subsection heading and inserting + ``Armed Forces and NOAA Commissioned Officer Corps Student Loan + Interest Payment Programs''; and + (B) in paragraph (1)-- + (i) by inserting ``or section 268 of the National + Oceanic and Atmospheric Administration Commissioned Officer + Corps Act of 2002'' after ``Code,''; and + (ii) by inserting ``or an officer in the commissioned + officer corps of the National Oceanic and Atmospheric + Administration, respectively,'' after ``Armed Forces''. + (2) Sections 455(l) and 464(j) of the Higher Education Act of + 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended-- + (A) by striking the subsection heading and inserting + ``Armed Forces and NOAA Commissioned Officer Corps Student Loan + Interest Payment Programs''; and + (B) in paragraph (1)-- + (i) by inserting ``or section 268 of the National + Oceanic and Atmospheric Administration Commissioned Officer + Corps Act of 2002'' after ``Code,''; and + (ii) by inserting ``or an officer in the commissioned + officer corps of the National Oceanic and Atmospheric + Administration, respectively'' after ``Armed Forces''. (c) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), @@ -626,14 +572,10 @@ as amended by section 201(b), is further amended by inserting after the item relating to section 267 the following: ``Sec. 268. Interest payment program.''. - -SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM. - + SEC. 203. STUDENT PRE-COMMISSIONING PROGRAM. (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by section 202(a), is further amended by adding at the end the following: - -``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM. - + ``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE PROGRAM. ``(a) Authority To Provide Financial Assistance.--For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty, the Secretary may provide @@ -642,43 +584,41 @@ expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution (as determined by the Secretary of Education) a program of education approved by the Secretary that leads to-- - ``(1) a baccalaureate degree in not more than five academic - years; or - ``(2) a postbaccalaureate degree. + ``(1) a baccalaureate degree in not more than five academic + years; or + ``(2) a postbaccalaureate degree. ``(b) Eligible Persons.-- - ``(1) In general.--A person is eligible to obtain financial - assistance under subsection (a) if the person-- - ``(A) is enrolled on a full-time basis in a program - of education referred to in subsection (a) at any - educational institution described in such subsection; - ``(B) meets all of the requirements for acceptance - into the commissioned officer corps of the - Administration except for the completion of a - baccalaureate degree; and - ``(C) enters into a written agreement with the - Secretary described in paragraph (2). - ``(2) Agreement.--A written agreement referred to in - paragraph (1)(C) is an agreement between the person and the - Secretary in which the person-- - ``(A) agrees to accept an appointment as an - officer, if tendered; and - ``(B) upon completion of the person's educational - program, agrees to serve on active duty, immediately - after appointment, for-- - ``(i) up to three years if the person - received less than three years of assistance; - and - ``(ii) up to five years if the person - received at least three years of assistance. + ``(1) In general.--A person is eligible to obtain financial + assistance under subsection (a) if the person-- + ``(A) is enrolled on a full-time basis in a program of + education referred to in subsection (a) at any educational + institution described in such subsection; + ``(B) meets all of the requirements for acceptance into the + commissioned officer corps of the Administration except for the + completion of a baccalaureate degree; and + ``(C) enters into a written agreement with the Secretary + described in paragraph (2). + ``(2) Agreement.--A written agreement referred to in paragraph + (1)(C) is an agreement between the person and the Secretary in + which the person-- + ``(A) agrees to accept an appointment as an officer, if + tendered; and + ``(B) upon completion of the person's educational program, + agrees to serve on active duty, immediately after appointment, + for-- + ``(i) up to three years if the person received less + than three years of assistance; and + ``(ii) up to five years if the person received at least + three years of assistance. ``(c) Qualifying Expenses.--Expenses for which financial assistance may be provided under subsection (a) are the following: - ``(1) Tuition and fees charged by the educational - institution involved. - ``(2) The cost of educational materials. - ``(3) In the case of a program of education leading to a - baccalaureate degree, laboratory expenses. - ``(4) Such other expenses as the Secretary considers - appropriate. + ``(1) Tuition and fees charged by the educational institution + involved. + ``(2) The cost of educational materials. + ``(3) In the case of a program of education leading to a + baccalaureate degree, laboratory expenses. + ``(4) Such other expenses as the Secretary considers + appropriate. ``(d) Limitation on Amount.--The Secretary shall prescribe the amount of financial assistance provided to a person under subsection (a), which may not exceed the amount specified in section 2173(e)(2) of @@ -688,70 +628,64 @@ person agrees to serve in an agreement described in subsection (b)(2). to a person under subsection (a) for not more than five consecutive academic years. ``(f) Subsistence Allowance.-- - ``(1) In general.--A person who receives financial - assistance under subsection (a) shall be entitled to a monthly - subsistence allowance at a rate prescribed under paragraph (2) - for the duration of the period for which the person receives - such financial assistance. - ``(2) Determination of amount.--The Secretary shall - prescribe monthly rates for subsistence allowance provided - under paragraph (1), which shall be equal to the amount - specified in section 2144(a) of title 10, United States Code. + ``(1) In general.--A person who receives financial assistance + under subsection (a) shall be entitled to a monthly subsistence + allowance at a rate prescribed under paragraph (2) for the duration + of the period for which the person receives such financial + assistance. + ``(2) Determination of amount.--The Secretary shall prescribe + monthly rates for subsistence allowance provided under paragraph + (1), which shall be equal to the amount specified in section + 2144(a) of title 10, United States Code. ``(g) Initial Clothing Allowance.-- - ``(1) Training.--The Secretary may prescribe a sum which - shall be credited to each person who receives financial - assistance under subsection (a) to cover the cost of the - person's initial clothing and equipment issue. - ``(2) Appointment.--Upon completion of the program of - education for which a person receives financial assistance - under subsection (a) and acceptance of appointment in the - commissioned officer corps of the Administration, the person - may be issued a subsequent clothing allowance equivalent to - that normally provided to a newly appointed officer. + ``(1) Training.--The Secretary may prescribe a sum which shall + be credited to each person who receives financial assistance under + subsection (a) to cover the cost of the person's initial clothing + and equipment issue. + ``(2) Appointment.--Upon completion of the program of education + for which a person receives financial assistance under subsection + (a) and acceptance of appointment in the commissioned officer corps + of the Administration, the person may be issued a subsequent + clothing allowance equivalent to that normally provided to a newly + appointed officer. ``(h) Termination of Financial Assistance.-- - ``(1) In general.--The Secretary shall terminate the - assistance provided to a person under this section if-- - ``(A) the Secretary accepts a request by the person - to be released from an agreement described in - subsection (b)(2); - ``(B) the misconduct of the person results in a - failure to complete the period of active duty required - under the agreement; or - ``(C) the person fails to fulfill any term or - condition of the agreement. - ``(2) Reimbursement.--The Secretary may require a person - who receives assistance described in subsection (c), (f), or - (g) under an agreement entered into under subsection (b)(1)(C) - to reimburse the Secretary in an amount that bears the same - ratio to the total costs of the assistance provided to that - person as the unserved portion of active duty bears to the - total period of active duty the officer agreed to serve under + ``(1) In general.--The Secretary shall terminate the assistance + provided to a person under this section if-- + ``(A) the Secretary accepts a request by the person to be + released from an agreement described in subsection (b)(2); + ``(B) the misconduct of the person results in a failure to + complete the period of active duty required under the + agreement; or + ``(C) the person fails to fulfill any term or condition of the agreement. - ``(3) Waiver.--The Secretary may waive the service - obligation of a person through an agreement entered into under - subsection (b)(1)(C) if the person-- - ``(A) becomes unqualified to serve on active duty - in the commissioned officer corps of the Administration - because of a circumstance not within the control of - that person; or - ``(B) is-- - ``(i) not physically qualified for - appointment; and - ``(ii) determined to be unqualified for - service in the commissioned officer corps of - the Administration because of a physical or - medical condition that was not the result of - the person's own misconduct or grossly - negligent conduct. - ``(4) Obligation as debt to united states.--An obligation - to reimburse the Secretary imposed under paragraph (2) is, for - all purposes, a debt owed to the United States. - ``(5) Discharge in bankruptcy.--A discharge in bankruptcy - under title 11, United States Code, that is entered less than - five years after the termination of a written agreement entered - into under subsection (b)(1)(C) does not discharge the person - signing the agreement from a debt arising under such agreement - or under paragraph (2). + ``(2) Reimbursement.--The Secretary may require a person who + receives assistance described in subsection (c), (f), or (g) under + an agreement entered into under subsection (b)(1)(C) to reimburse + the Secretary in an amount that bears the same ratio to the total + costs of the assistance provided to that person as the unserved + portion of active duty bears to the total period of active duty the + officer agreed to serve under the agreement. + ``(3) Waiver.--The Secretary may waive the service obligation + of a person through an agreement entered into under subsection + (b)(1)(C) if the person-- + ``(A) becomes unqualified to serve on active duty in the + commissioned officer corps of the Administration because of a + circumstance not within the control of that person; or + ``(B) is-- + ``(i) not physically qualified for appointment; and + ``(ii) determined to be unqualified for service in the + commissioned officer corps of the Administration because of + a physical or medical condition that was not the result of + the person's own misconduct or grossly negligent conduct. + ``(4) Obligation as debt to united states.--An obligation to + reimburse the Secretary imposed under paragraph (2) is, for all + purposes, a debt owed to the United States. + ``(5) Discharge in bankruptcy.--A discharge in bankruptcy under + title 11, United States Code, that is entered less than five years + after the termination of a written agreement entered into under + subsection (b)(1)(C) does not discharge the person signing the + agreement from a debt arising under such agreement or under + paragraph (2). ``(i) Regulations.--The Secretary may prescribe such regulations and orders as the Secretary considers appropriate to carry out this section. @@ -765,9 +699,7 @@ as amended by section 202(c), is further amended by inserting after the item relating to section 268 the following: ``Sec. 269. Student pre-commissioning education assistance program.''. - -SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE. - + SEC. 204. LIMITATION ON EDUCATIONAL ASSISTANCE. (a) In General.--Each fiscal year, beginning with the fiscal year in which this Act is enacted, the Secretary of Commerce shall ensure that the total amount expended by the Secretary under section 267 of @@ -775,112 +707,99 @@ the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (as added by section 201(a)), section 268 of such Act (as added by section 202(a)), and section 269 of such Act (as added by section 203(a)) does not exceed the amount by which-- - (1) the total amount the Secretary would pay in that fiscal - year to officer candidates under section 203(f)(1) of title 37, - United States Code (as added by section 305(d)), if such - section entitled officer candidates to pay at monthly rates - equal to the basic pay of a commissioned officer in the pay - grade O-1 with less than 2 years of service, exceeds - (2) the total amount the Secretary actually pays in that - fiscal year to officer candidates under section 203(f)(1) of - such title (as so added). + (1) the total amount the Secretary would pay in that fiscal + year to officer candidates under section 203(f)(1) of title 37, + United States Code (as added by section 305(d)), if such section + entitled officer candidates to pay at monthly rates equal to the + basic pay of a commissioned officer in the pay grade O-1 with less + than 2 years of service, exceeds + (2) the total amount the Secretary actually pays in that fiscal + year to officer candidates under section 203(f)(1) of such title + (as so added). (b) Officer Candidate Defined.--In this section, the term ``officer candidate'' has the meaning given the term in paragraph (4) of section 212(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3002), as added by section 305(c). - -SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED - STATES CODE, AND EXTENSION OF CERTAIN AUTHORITIES - APPLICABLE TO MEMBERS OF THE ARMED FORCES TO COMMISSIONED - OFFICER CORPS. - + SEC. 205. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED + STATES CODE, AND EXTENSION OF CERTAIN AUTHORITIES APPLICABLE TO + MEMBERS OF THE ARMED FORCES TO COMMISSIONED OFFICER CORPS. (a) Applicability of Certain Provisions of Title 10.--Section 261(a) (33 U.S.C. 3071(a)) is amended-- - (1) by redesignating paragraphs (13) through (16) as - paragraphs (22) through (25), respectively; - (2) by redesignating paragraphs (7) through (12) as - paragraphs (14) through (19), respectively; - (3) by redesignating paragraphs (4) through (6) as - paragraphs (8) through (10), respectively; - (4) by inserting after paragraph (3) the following: - ``(4) Section 771, relating to unauthorized wearing of - uniforms. - ``(5) Section 774, relating to wearing religious apparel - while in uniform. - ``(6) Section 982, relating to service on State and local - juries. - ``(7) Section 1031, relating to administration of oaths.''; - (5) by inserting after paragraph (10), as redesignated, the - following: - ``(11) Section 1074n, relating to annual mental health - assessments. - ``(12) Section 1090a, relating to referrals for mental - health evaluations. - ``(13) Chapter 58, relating to the Benefits and Services - for members being separated or recently separated.''; and - (6) by inserting after paragraph (19), as redesignated, the - following: - ``(20) Subchapter I of chapter 88, relating to Military - Family Programs, applicable on an as-available and fully - reimbursable basis. - ``(21) Section 2005, relating to advanced education - assistance, active duty agreements, and reimbursement - requirements.''. + (1) by redesignating paragraphs (13) through (16) as paragraphs + (22) through (25), respectively; + (2) by redesignating paragraphs (7) through (12) as paragraphs + (14) through (19), respectively; + (3) by redesignating paragraphs (4) through (6) as paragraphs + (8) through (10), respectively; + (4) by inserting after paragraph (3) the following: + ``(4) Section 771, relating to unauthorized wearing of + uniforms. + ``(5) Section 774, relating to wearing religious apparel while + in uniform. + ``(6) Section 982, relating to service on State and local + juries. + ``(7) Section 1031, relating to administration of oaths.''; + (5) by inserting after paragraph (10), as redesignated, the + following: + ``(11) Section 1074n, relating to annual mental health + assessments. + ``(12) Section 1090a, relating to referrals for mental health + evaluations. + ``(13) Chapter 58, relating to the Benefits and Services for + members being separated or recently separated.''; and + (6) by inserting after paragraph (19), as redesignated, the + following: + ``(20) Subchapter I of chapter 88, relating to Military Family + Programs, applicable on an as-available and fully reimbursable + basis. + ``(21) Section 2005, relating to advanced education assistance, + active duty agreements, and reimbursement requirements.''. (b) Extension of Certain Authorities.-- - (1) Notarial services.--Section 1044a of title 10, United - States Code, is amended-- - (A) in subsection (a)(1), by striking ``armed - forces'' and inserting ``uniformed services''; and - (B) in subsection (b)(4), by striking ``armed - forces'' both places it appears and inserting - ``uniformed services''. - (2) Acceptance of voluntary services for programs serving - members and their families.--Section 1588 of such title is - amended-- - (A) in subsection (a)(3), in the matter before - subparagraph (A), by striking ``armed forces'' and - inserting ``uniformed services''; and - (B) by adding at the end the following new - subsection: + (1) Notarial services.--Section 1044a of title 10, United + States Code, is amended-- + (A) in subsection (a)(1), by striking ``armed forces'' and + inserting ``uniformed services''; and + (B) in subsection (b)(4), by striking ``armed forces'' both + places it appears and inserting ``uniformed services''. + (2) Acceptance of voluntary services for programs serving + members and their families.--Section 1588 of such title is + amended-- + (A) in subsection (a)(3), in the matter before subparagraph + (A), by striking ``armed forces'' and inserting ``uniformed + services''; and + (B) by adding at the end the following new subsection: ``(g) Secretary Concerned for Acceptance of Services for Programs Serving Members of NOAA Corps and Their Families.--For purposes of the acceptance of services described in subsection (a)(3), the term `Secretary concerned' in subsection (a) shall include the Secretary of Commerce with respect to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration.''. - (3) Capstone course for newly selected flag officers.-- - Section 2153 of such title is amended-- - (A) in subsection (a)-- - (i) by inserting ``or the commissioned - officer corps of the National Oceanic and - Atmospheric Administration'' after ``in the - case of the Navy''; and - (ii) by striking ``other armed forces'' and - inserting ``other uniformed services''; and - (B) in subsection (b)(1), in the matter before - subparagraph (A), by inserting ``or the Secretary of - Commerce, as applicable,'' after ``the Secretary of - Defense''. - -SEC. 206. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED - STATES CODE. - + (3) Capstone course for newly selected flag officers.--Section + 2153 of such title is amended-- + (A) in subsection (a)-- + (i) by inserting ``or the commissioned officer corps of + the National Oceanic and Atmospheric Administration'' after + ``in the case of the Navy''; and + (ii) by striking ``other armed forces'' and inserting + ``other uniformed services''; and + (B) in subsection (b)(1), in the matter before subparagraph + (A), by inserting ``or the Secretary of Commerce, as + applicable,'' after ``the Secretary of Defense''. + SEC. 206. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED + STATES CODE. (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by inserting after section 261 the following: - ``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, UNITED - STATES CODE. - +STATES CODE. ``The provisions of law applicable to the Armed Forces under the following provisions of title 37, United States Code, shall apply to the commissioned officer corps of the Administration: - ``(1) Section 403(l), relating to temporary continuation of - housing allowance for dependents of members dying on active - duty. - ``(2) Section 415, relating to initial uniform allowances. - ``(3) Section 488, relating to allowances for recruiting - expenses.''. + ``(1) Section 403(l), relating to temporary continuation of + housing allowance for dependents of members dying on active duty. + ``(2) Section 415, relating to initial uniform allowances. + ``(3) Section 488, relating to allowances for recruiting + expenses.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) @@ -888,17 +807,15 @@ is amended by inserting after the item relating to section 261 the following: ``Sec. 261A. Applicability of certain provisions of title 37, United - States Code.''. - -SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS. - + States Code.''. + SEC. 207. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS. (a) In General.--Subsection (a) of section 261 (33 U.S.C. 3071), as amended by section 205(a), is further amended-- - (1) by redesignating paragraphs (8) through (25) as - paragraphs (9) through (26), respectively; and - (2) by inserting after paragraph (7) the following: - ``(8) Section 1034, relating to protected communications - and prohibition of retaliatory personnel actions.''. + (1) by redesignating paragraphs (8) through (25) as paragraphs + (9) through (26), respectively; and + (2) by inserting after paragraph (7) the following: + ``(8) Section 1034, relating to protected communications and + prohibition of retaliatory personnel actions.''. (b) Conforming Amendment.--Subsection (b) of such section 261 is amended by adding at the end the following: ``For purposes of paragraph (8) of subsection (a), the term `Inspector General' in section 1034 of @@ -913,23 +830,16 @@ title 10, United States Code, to the commissioned officer corps of the Administration, including by prescribing such administrative procedures for investigation and appeal within the commissioned officer corps as the Secretary considers appropriate.''. - -SEC. 208. EMPLOYMENT AND REEMPLOYMENT RIGHTS. - + SEC. 208. EMPLOYMENT AND REEMPLOYMENT RIGHTS. Section 4303(16) of title 38, United States Code, is amended by inserting ``the commissioned officer corps of the National Oceanic and Atmospheric Administration,'' after ``Public Health Service,''. - -SEC. 209. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS FOR - PURPOSES OF CERTAIN HIRING DECISIONS. - + SEC. 209. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS FOR + PURPOSES OF CERTAIN HIRING DECISIONS. (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as amended by this Act, is further amended by adding at the end the following: - ``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER CORPS AS - EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN - HIRING DECISIONS. - +EMPLOYMENT IN ADMINISTRATION FOR PURPOSES OF CERTAIN HIRING DECISIONS. ``(a) In General.--In any case in which the Secretary accepts an application for a position of employment with the Administration and limits consideration of applications for such position to applications @@ -955,92 +865,81 @@ is amended by inserting after the item relating to section 269, as added by section 203(b), the following new item: ``Sec. 269A. Treatment of commission in commissioned officer corps as - employment in Administration for purposes - of certain hiring decisions.''. + employment in Administration for purposes of certain hiring + decisions.''. TITLE III--APPOINTMENTS AND PROMOTION OF OFFICERS -SEC. 301. APPOINTMENTS. - + SEC. 301. APPOINTMENTS. (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is amended to read as follows: - -``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS. - + ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS. ``(a) Original Appointments.-- - ``(1) Grades.-- - ``(A) In general.--Except as provided in - subparagraph (B), an original appointment of an officer - may be made in such grades as may be appropriate for-- - ``(i) the qualification, experience, and - length of service of the appointee; and - ``(ii) the commissioned officer corps of - the Administration. - ``(B) Appointment of officer candidates.-- - ``(i) Limitation on grade.--An original - appointment of an officer candidate, upon - graduation from the basic officer training - program of the commissioned officer corps of - the Administration, may not be made in any - other grade than ensign. - ``(ii) Rank.--Officer candidates receiving - appointments as ensigns upon graduation from - the basic officer training program shall take - rank according to their proficiency as shown by - the order of their merit at date of graduation. - ``(2) Source of appointments.--An original appointment may - be made from among the following: - ``(A) Graduates of the basic officer training - program of the commissioned officer corps of the - Administration. - ``(B) Subject to the approval of the Secretary of - Defense, graduates of the military service academies of - the United States who otherwise meet the academic - standards for enrollment in the training program - described in subparagraph (A). - ``(C) Graduates of the State maritime academies - who-- - ``(i) otherwise meet the academic standards - for enrollment in the training program - described in subparagraph (A); - ``(ii) completed at least three years of - regimented training while at a State maritime - academy; and - ``(iii) obtained an unlimited tonnage or - unlimited horsepower Merchant Mariner - Credential from the United States Coast Guard. - ``(D) Licensed officers of the United States - merchant marine who have served two or more years - aboard a vessel of the United States in the capacity of - a licensed officer, who otherwise meet the academic - standards for enrollment in the training program - described in subparagraph (A). - ``(3) Definitions.--In this subsection: - ``(A) Military service academies of the united - states.--The term `military service academies of the - United States' means the following: - ``(i) The United States Military Academy, - West Point, New York. - ``(ii) The United States Naval Academy, - Annapolis, Maryland. - ``(iii) The United States Air Force - Academy, Colorado Springs, Colorado. - ``(iv) The United States Coast Guard - Academy, New London, Connecticut. - ``(v) The United States Merchant Marine - Academy, Kings Point, New York. - ``(B) State maritime academy.--The term `State - maritime academy' has the meaning given the term in - section 51102 of title 46, United States Code. + ``(1) Grades.-- + ``(A) In general.--Except as provided in subparagraph (B), + an original appointment of an officer may be made in such + grades as may be appropriate for-- + ``(i) the qualification, experience, and length of + service of the appointee; and + ``(ii) the commissioned officer corps of the + Administration. + ``(B) Appointment of officer candidates.-- + ``(i) Limitation on grade.--An original appointment of + an officer candidate, upon graduation from the basic + officer training program of the commissioned officer corps + of the Administration, may not be made in any other grade + than ensign. + ``(ii) Rank.--Officer candidates receiving appointments + as ensigns upon graduation from the basic officer training + program shall take rank according to their proficiency as + shown by the order of their merit at date of graduation. + ``(2) Source of appointments.--An original appointment may be + made from among the following: + ``(A) Graduates of the basic officer training program of + the commissioned officer corps of the Administration. + ``(B) Subject to the approval of the Secretary of Defense, + graduates of the military service academies of the United + States who otherwise meet the academic standards for enrollment + in the training program described in subparagraph (A). + ``(C) Graduates of the State maritime academies who-- + ``(i) otherwise meet the academic standards for + enrollment in the training program described in + subparagraph (A); + ``(ii) completed at least three years of regimented + training while at a State maritime academy; and + ``(iii) obtained an unlimited tonnage or unlimited + horsepower Merchant Mariner Credential from the United + States Coast Guard. + ``(D) Licensed officers of the United States merchant + marine who have served two or more years aboard a vessel of the + United States in the capacity of a licensed officer, who + otherwise meet the academic standards for enrollment in the + training program described in subparagraph (A). + ``(3) Definitions.--In this subsection: + ``(A) Military service academies of the united states.--The + term `military service academies of the United States' means + the following: + ``(i) The United States Military Academy, West Point, + New York. + ``(ii) The United States Naval Academy, Annapolis, + Maryland. + ``(iii) The United States Air Force Academy, Colorado + Springs, Colorado. + ``(iv) The United States Coast Guard Academy, New + London, Connecticut. + ``(v) The United States Merchant Marine Academy, Kings + Point, New York. + ``(B) State maritime academy.--The term `State maritime + academy' has the meaning given the term in section 51102 of + title 46, United States Code. ``(b) Reappointment.-- - ``(1) In general.--Except as provided in paragraph (2), an - individual who previously served in the commissioned officer - corps of the Administration may be appointed by the Secretary - to the grade the individual held prior to separation. - ``(2) Reappointments to higher grades.--An appointment - under paragraph (1) to a position of importance and - responsibility designated under section 228 may only be made by - the President. + ``(1) In general.--Except as provided in paragraph (2), an + individual who previously served in the commissioned officer corps + of the Administration may be appointed by the Secretary to the + grade the individual held prior to separation. + ``(2) Reappointments to higher grades.--An appointment under + paragraph (1) to a position of importance and responsibility + designated under section 228 may only be made by the President. ``(c) Qualifications.--An appointment under subsection (a) or (b) may not be given to an individual until the individual's mental, moral, physical, and professional fitness to perform the duties of an officer @@ -1054,15 +953,14 @@ same shall be determined by the Secretary. ``(e) Inter-Service Transfers.--For inter-service transfers (as described in Department of Defense Directive 1300.4 (dated December 27, 2006)) the Secretary shall-- - ``(1) coordinate with the Secretary of Defense and the - Secretary of the Department in which the Coast Guard is - operating to promote and streamline inter-service transfers; - ``(2) give preference to such inter-service transfers for - recruitment purposes as determined appropriate by the - Secretary; and - ``(3) reappoint such inter-service transfers to the - equivalent grade in the commissioned officer corps of the - Administration.''. + ``(1) coordinate with the Secretary of Defense and the + Secretary of the Department in which the Coast Guard is operating + to promote and streamline inter-service transfers; + ``(2) give preference to such inter-service transfers for + recruitment purposes as determined appropriate by the Secretary; + and + ``(3) reappoint such inter-service transfers to the equivalent + grade in the commissioned officer corps of the Administration.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) @@ -1070,37 +968,31 @@ is amended by striking the item relating to section 221 and inserting the following: ``Sec. 221. Original appointments and reappointments.''. - -SEC. 302. PERSONNEL BOARDS. - + SEC. 302. PERSONNEL BOARDS. Section 222 (33 U.S.C. 3022) is amended to read as follows: - -``SEC. 222. PERSONNEL BOARDS. - + ``SEC. 222. PERSONNEL BOARDS. ``(a) Convening.--Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. ``(b) Membership.-- - ``(1) In general.--A board convened under subsection (a) - shall consist of five or more officers who are serving in or - above the permanent grade of the officers under consideration - by the board. - ``(2) Retired officers.--Officers on the retired list may - be recalled to serve on such personnel boards as the Secretary - considers necessary. - ``(3) No membership on two successive boards.--No officer - may be a member of two successive personnel boards convened to - consider officers of the same grade for promotion or - separation. + ``(1) In general.--A board convened under subsection (a) shall + consist of five or more officers who are serving in or above the + permanent grade of the officers under consideration by the board. + ``(2) Retired officers.--Officers on the retired list may be + recalled to serve on such personnel boards as the Secretary + considers necessary. + ``(3) No membership on two successive boards.--No officer may + be a member of two successive personnel boards convened to consider + officers of the same grade for promotion or separation. ``(c) Duties.--Each personnel board shall-- - ``(1) recommend to the Secretary such changes as may be - necessary to correct any erroneous position on the lineal list - that was caused by administrative error; and - ``(2) make selections and recommendations to the Secretary - and the President for the appointment, promotion, involuntary - separation, continuation, and involuntary retirement of - officers in the commissioned officer corps of the - Administration as prescribed in this title. + ``(1) recommend to the Secretary such changes as may be + necessary to correct any erroneous position on the lineal list that + was caused by administrative error; and + ``(2) make selections and recommendations to the Secretary and + the President for the appointment, promotion, involuntary + separation, continuation, and involuntary retirement of officers in + the commissioned officer corps of the Administration as prescribed + in this title. ``(d) Action on Recommendations Not Acceptable.--If any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further @@ -1108,58 +1000,50 @@ recommendations as the Secretary or the President considers appropriate. ``(e) Authority for Officers to Opt Out of Promotion Consideration.-- - ``(1) In general.--The Director of the National Oceanic and - Atmospheric Administration Commissioned Officer Corps may - provide that an officer, upon the officer's request and with - the approval of the Director, be excluded from consideration - for promotion by a personnel board convened under this section. - ``(2) Approval.--The Director shall approve a request made - by an officer under paragraph (1) only if-- - ``(A) the basis for the request is to allow the - officer to complete a broadening assignment, advanced - education, another assignment of significant value to - the Administration, a career progression requirement - delayed by the assignment or education, or a qualifying - personal or professional circumstance, as determined by - the Director; - ``(B) the Director determines the exclusion from - consideration is in the best interest of the - Administration; and - ``(C) the officer has not previously failed - selection for promotion to the grade for which the - officer requests the exclusion from consideration.''. - -SEC. 303. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. - + ``(1) In general.--The Director of the National Oceanic and + Atmospheric Administration Commissioned Officer Corps may provide + that an officer, upon the officer's request and with the approval + of the Director, be excluded from consideration for promotion by a + personnel board convened under this section. + ``(2) Approval.--The Director shall approve a request made by + an officer under paragraph (1) only if-- + ``(A) the basis for the request is to allow the officer to + complete a broadening assignment, advanced education, another + assignment of significant value to the Administration, a career + progression requirement delayed by the assignment or education, + or a qualifying personal or professional circumstance, as + determined by the Director; + ``(B) the Director determines the exclusion from + consideration is in the best interest of the Administration; + and + ``(C) the officer has not previously failed selection for + promotion to the grade for which the officer requests the + exclusion from consideration.''. + SEC. 303. POSITIONS OF IMPORTANCE AND RESPONSIBILITY. Section 228 (33 U.S.C. 3028) is amended-- - (1) in subsection (c)-- - (A) in the first sentence, by striking ``The - Secretary shall designate one position under this - section'' and inserting ``The President shall designate - one position''; and - (B) in the second sentence, by striking ``That - position shall be filled by'' and inserting ``The - President shall fill that position by appointing, by - and with the advice and consent of the Senate,''; - (2) in subsection (d)(2), by inserting ``or immediately - beginning a period of terminal leave'' after ``for which a - higher grade is designated''; - (3) by amending subsection (e) to read as follows: + (1) in subsection (c)-- + (A) in the first sentence, by striking ``The Secretary + shall designate one position under this section'' and inserting + ``The President shall designate one position''; and + (B) in the second sentence, by striking ``That position + shall be filled by'' and inserting ``The President shall fill + that position by appointing, by and with the advice and consent + of the Senate,''; + (2) in subsection (d)(2), by inserting ``or immediately + beginning a period of terminal leave'' after ``for which a higher + grade is designated''; + (3) by amending subsection (e) to read as follows: ``(e) Limit on Number of Officers Appointed.--The total number of officers serving on active duty at any one time in the grade of rear admiral (lower half) or above may not exceed five, with only one serving in the grade of vice admiral.''; and - (4) in subsection (f), by inserting ``or in a period of - annual leave used at the end of the appointment'' after - ``serving in that grade''. - -SEC. 304. TEMPORARY APPOINTMENTS. - + (4) in subsection (f), by inserting ``or in a period of annual + leave used at the end of the appointment'' after ``serving in that + grade''. + SEC. 304. TEMPORARY APPOINTMENTS. (a) In General.--Section 229 (33 U.S.C. 3029) is amended to read as follows: - -``SEC. 229. TEMPORARY APPOINTMENTS. - + ``SEC. 229. TEMPORARY APPOINTMENTS. ``(a) Appointments by President.--Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President. @@ -1183,14 +1067,10 @@ is amended by striking the item relating to section 229 and inserting the following: ``Sec. 229. Temporary appointments.''. - -SEC. 305. OFFICER CANDIDATES. - + SEC. 305. OFFICER CANDIDATES. (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is amended by adding at the end the following: - -``SEC. 234. OFFICER CANDIDATES. - + ``SEC. 234. OFFICER CANDIDATES. ``(a) Determination of Number.--The Secretary shall determine the number of appointments of officer candidates. ``(b) Appointment.--Appointment of officer candidates shall be made @@ -1208,29 +1088,28 @@ Administration. Officer candidates shall be subject to rules governing discipline prescribed by the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. ``(d) Agreement.-- - ``(1) In general.--Each officer candidate shall sign an - agreement with the Secretary in accordance with section - 216(a)(2) regarding the officer candidate's term of service in - the commissioned officer corps of the Administration. - ``(2) Elements.--An agreement signed by an officer - candidate under paragraph (1) shall provide that the officer - candidate agrees to the following: - ``(A) That the officer candidate will complete the - course of instruction at the basic officer training - program of the Administration. - ``(B) That upon graduation from such program, the - officer candidate-- - ``(i) will accept an appointment, if - tendered, as an officer; and - ``(ii) will serve on active duty for at - least four years immediately after such - appointment. + ``(1) In general.--Each officer candidate shall sign an + agreement with the Secretary in accordance with section 216(a)(2) + regarding the officer candidate's term of service in the + commissioned officer corps of the Administration. + ``(2) Elements.--An agreement signed by an officer candidate + under paragraph (1) shall provide that the officer candidate agrees + to the following: + ``(A) That the officer candidate will complete the course + of instruction at the basic officer training program of the + Administration. + ``(B) That upon graduation from such program, the officer + candidate-- + ``(i) will accept an appointment, if tendered, as an + officer; and + ``(ii) will serve on active duty for at least four + years immediately after such appointment. ``(e) Regulations.--The Secretary shall prescribe regulations to carry out this section. Such regulations shall include-- - ``(1) standards for determining what constitutes a breach - of an agreement signed under subsection (d)(1); and - ``(2) procedures for determining whether such a breach has - occurred. + ``(1) standards for determining what constitutes a breach of an + agreement signed under subsection (d)(1); and + ``(2) procedures for determining whether such a breach has + occurred. ``(f) Repayment.--An officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under subsection (d) shall be subject to the repayment provisions of @@ -1242,16 +1121,16 @@ is amended by inserting after the item relating to section 233 the following: ``Sec. 234. Officer candidates.''. + (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 3002(b)) is amended-- - (1) by redesignating paragraphs (4) through (6) as - paragraphs (5) through (7), respectively; and - (2) by inserting after paragraph (3) the following: - ``(4) Officer candidate.--The term `officer candidate' - means an individual who is enrolled in the basic officer - training program of the Administration and is under - consideration for appointment as an officer under section - 221(a)(2)(A).''. + (1) by redesignating paragraphs (4) through (6) as paragraphs + (5) through (7), respectively; and + (2) by inserting after paragraph (3) the following: + ``(4) Officer candidate.--The term `officer candidate' means an + individual who is enrolled in the basic officer training program of + the Administration and is under consideration for appointment as an + officer under section 221(a)(2)(A).''. (d) Pay for Officer Candidates.--Section 203 of title 37, United States Code, is amended by adding at the end the following: ``(f)(1) An officer candidate enrolled in the basic officer @@ -1265,14 +1144,10 @@ credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such time shall not be considered creditable for active duty or pay.''. - -SEC. 306. PROCUREMENT OF PERSONNEL. - + SEC. 306. PROCUREMENT OF PERSONNEL. (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by section 305(a), is further amended by adding at the end the following: - -``SEC. 235. PROCUREMENT OF PERSONNEL. - + ``SEC. 235. PROCUREMENT OF PERSONNEL. ``The Secretary may take such measures as the Secretary determines necessary in order to obtain recruits for the commissioned officer corps of the Administration, including advertising.''. @@ -1283,188 +1158,167 @@ as amended by section 305(b), is further amended by inserting after the item relating to section 234 the following: ``Sec. 235. Procurement of personnel.''. - -SEC. 307. CAREER INTERMISSION PROGRAM. - + SEC. 307. CAREER INTERMISSION PROGRAM. (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as amended by section 306(a), is further amended by adding at the end the following: - -``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF OFFICERS. - + ``SEC. 236. CAREER FLEXIBILITY TO ENHANCE RETENTION OF OFFICERS. ``(a) Programs Authorized.--The Secretary may carry out a program under which officers may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty. ``(b) Period of Inactivation From Active Duty; Effect of Inactivation.-- - ``(1) In general.--The period of inactivation from active - duty under a program under this section of an officer - participating in the program shall be such period as the - Secretary shall specify in the agreement of the officer under - subsection (c), except that such period may not exceed three - years. - ``(2) Exclusion from retirement.--Any period of - participation of an officer in a program under this section - shall not count toward eligibility for retirement or - computation of retired pay under subtitle C. + ``(1) In general.--The period of inactivation from active duty + under a program under this section of an officer participating in + the program shall be such period as the Secretary shall specify in + the agreement of the officer under subsection (c), except that such + period may not exceed three years. + ``(2) Exclusion from retirement.--Any period of participation + of an officer in a program under this section shall not count + toward eligibility for retirement or computation of retired pay + under subtitle C. ``(c) Agreement.--Each officer who participates in a program under this section shall enter into a written agreement with the Secretary under which that officer shall agree as follows: - ``(1) To undergo during the period of the inactivation of - the officer from active duty under the program such inactive - duty training as the Director of the National Oceanic and - Atmospheric Administration Commissioned Officer Corps shall - require in order to ensure that the officer retains - proficiency, at a level determined by the Director to be - sufficient, in the technical skills, professional - qualifications, and physical readiness of the officer during - the inactivation of the officer from active duty. - ``(2) Following completion of the period of the - inactivation of the officer from active duty under the program, - to serve two months on active duty for each month of the period - of the inactivation of the officer from active duty under the - program. + ``(1) To undergo during the period of the inactivation of the + officer from active duty under the program such inactive duty + training as the Director of the National Oceanic and Atmospheric + Administration Commissioned Officer Corps shall require in order to + ensure that the officer retains proficiency, at a level determined + by the Director to be sufficient, in the technical skills, + professional qualifications, and physical readiness of the officer + during the inactivation of the officer from active duty. + ``(2) Following completion of the period of the inactivation of + the officer from active duty under the program, to serve two months + on active duty for each month of the period of the inactivation of + the officer from active duty under the program. ``(d) Conditions of Release.--The Secretary shall-- - ``(1) prescribe regulations specifying the guidelines - regarding the conditions of release that must be considered and - addressed in the agreement required by subsection (c); and - ``(2) at a minimum, prescribe the procedures and standards - to be used to instruct an officer on the obligations to be - assumed by the officer under paragraph (1) of such subsection - while the officer is released from active duty. + ``(1) prescribe regulations specifying the guidelines regarding + the conditions of release that must be considered and addressed in + the agreement required by subsection (c); and + ``(2) at a minimum, prescribe the procedures and standards to + be used to instruct an officer on the obligations to be assumed by + the officer under paragraph (1) of such subsection while the + officer is released from active duty. ``(e) Order to Active Duty.--Under regulations prescribed by the Secretary, an officer participating in a program under this section may, in the discretion of the Secretary, be required to terminate participation in the program and be ordered to active duty. ``(f) Pay and Allowances.-- - ``(1) Basic pay.--During each month of participation in a - program under this section, an officer who participates in the - program shall be paid basic pay in an amount equal to two- - thirtieths of the amount of monthly basic pay to which the - officer would otherwise be entitled under section 204 of title - 37, United States Code, as a member of the uniformed services - on active duty in the grade and years of service of the officer - when the officer commences participation in the program. - ``(2) Special or incentive pay or bonus.-- - ``(A) Prohibition.--An officer who participates in - a program under this section shall not, while - participating in the program, be paid any special or - incentive pay or bonus to which the officer is - otherwise entitled under an agreement under chapter 5 - of title 37, United States Code, that is in force when - the officer commences participation in the program. - ``(B) Not treated as failure to perform services.-- - The inactivation from active duty of an officer - participating in a program under this section shall not - be treated as a failure of the officer to perform any - period of service required of the officer in connection - with an agreement for a special or incentive pay or - bonus under chapter 5 of title 37, United States Code, - that is in force when the officer commences - participation in the program. - ``(3) Return to active duty.-- - ``(A) Special or incentive pay or bonus.--Subject - to subparagraph (B), upon the return of an officer to - active duty after completion by the officer of - participation in a program under this section-- - ``(i) any agreement entered into by the - officer under chapter 5 of title 37, United - States Code, for the payment of a special or - incentive pay or bonus that was in force when - the officer commenced participation in the - program shall be revived, with the term of such - agreement after revival being the period of the - agreement remaining to run when the officer - commenced participation in the program; and - ``(ii) any special or incentive pay or - bonus shall be payable to the officer in - accordance with the terms of the agreement - concerned for the term specified in clause (i). - ``(B) Limitation.-- - ``(i) In general.--Subparagraph (A) shall - not apply to any special or incentive pay or - bonus otherwise covered by that subparagraph - with respect to an officer if, at the time of - the return of the officer to active duty as - described in that subparagraph-- - ``(I) such pay or bonus is no - longer authorized by law; or - ``(II) the officer does not satisfy - eligibility criteria for such pay or - bonus as in effect at the time of the - return of the officer to active duty. - ``(ii) Pay or bonus ceases being - authorized.--Subparagraph (A) shall cease to - apply to any special or incentive pay or bonus - otherwise covered by that subparagraph with - respect to an officer if, during the term of - the revived agreement of the officer under - subparagraph (A)(i), such pay or bonus ceases - being authorized by law. - ``(C) Repayment.--An officer who is ineligible for - payment of a special or incentive pay or bonus - otherwise covered by this paragraph by reason of - subparagraph (B)(i)(II) shall be subject to the - requirements for repayment of such pay or bonus in - accordance with the terms of the applicable agreement - of the officer under chapter 5 of title 37, United - States Code. - ``(D) Required service is additional.--Any service - required of an officer under an agreement covered by - this paragraph after the officer returns to active duty - as described in subparagraph (A) shall be in addition - to any service required of the officer under an - agreement under subsection (c). - ``(4) Travel and transportation allowance.-- - ``(A) In general.--Subject to subparagraph (B), an - officer who participates in a program under this - section is entitled, while participating in the - program, to the travel and transportation allowances - authorized by section 474 of title 37, United States - Code, for-- - ``(i) travel performed from the residence - of the officer, at the time of release from - active duty to participate in the program, to - the location in the United States designated by - the officer as the officer's residence during - the period of participation in the program; and - ``(ii) travel performed to the residence of - the officer upon return to active duty at the - end of the participation of the officer in the - program. - ``(B) Single residence.--An allowance is payable - under this paragraph only with respect to travel of an - officer to and from a single residence. - ``(5) Leave balance.--An officer who participates in a - program under this section is entitled to carry forward the - leave balance existing as of the day on which the officer - begins participation and accumulated in accordance with section - 701 of title 10, United States Code, but not to exceed 60 days. + ``(1) Basic pay.--During each month of participation in a + program under this section, an officer who participates in the + program shall be paid basic pay in an amount equal to two- + thirtieths of the amount of monthly basic pay to which the officer + would otherwise be entitled under section 204 of title 37, United + States Code, as a member of the uniformed services on active duty + in the grade and years of service of the officer when the officer + commences participation in the program. + ``(2) Special or incentive pay or bonus.-- + ``(A) Prohibition.--An officer who participates in a + program under this section shall not, while participating in + the program, be paid any special or incentive pay or bonus to + which the officer is otherwise entitled under an agreement + under chapter 5 of title 37, United States Code, that is in + force when the officer commences participation in the program. + ``(B) Not treated as failure to perform services.--The + inactivation from active duty of an officer participating in a + program under this section shall not be treated as a failure of + the officer to perform any period of service required of the + officer in connection with an agreement for a special or + incentive pay or bonus under chapter 5 of title 37, United + States Code, that is in force when the officer commences + participation in the program. + ``(3) Return to active duty.-- + ``(A) Special or incentive pay or bonus.--Subject to + subparagraph (B), upon the return of an officer to active duty + after completion by the officer of participation in a program + under this section-- + ``(i) any agreement entered into by the officer under + chapter 5 of title 37, United States Code, for the payment + of a special or incentive pay or bonus that was in force + when the officer commenced participation in the program + shall be revived, with the term of such agreement after + revival being the period of the agreement remaining to run + when the officer commenced participation in the program; + and + ``(ii) any special or incentive pay or bonus shall be + payable to the officer in accordance with the terms of the + agreement concerned for the term specified in clause (i). + ``(B) Limitation.-- + ``(i) In general.--Subparagraph (A) shall not apply to + any special or incentive pay or bonus otherwise covered by + that subparagraph with respect to an officer if, at the + time of the return of the officer to active duty as + described in that subparagraph-- + + ``(I) such pay or bonus is no longer authorized by + law; or + ``(II) the officer does not satisfy eligibility + criteria for such pay or bonus as in effect at the time + of the return of the officer to active duty. + + ``(ii) Pay or bonus ceases being authorized.-- + Subparagraph (A) shall cease to apply to any special or + incentive pay or bonus otherwise covered by that + subparagraph with respect to an officer if, during the term + of the revived agreement of the officer under subparagraph + (A)(i), such pay or bonus ceases being authorized by law. + ``(C) Repayment.--An officer who is ineligible for payment + of a special or incentive pay or bonus otherwise covered by + this paragraph by reason of subparagraph (B)(i)(II) shall be + subject to the requirements for repayment of such pay or bonus + in accordance with the terms of the applicable agreement of the + officer under chapter 5 of title 37, United States Code. + ``(D) Required service is additional.--Any service required + of an officer under an agreement covered by this paragraph + after the officer returns to active duty as described in + subparagraph (A) shall be in addition to any service required + of the officer under an agreement under subsection (c). + ``(4) Travel and transportation allowance.-- + ``(A) In general.--Subject to subparagraph (B), an officer + who participates in a program under this section is entitled, + while participating in the program, to the travel and + transportation allowances authorized by section 474 of title + 37, United States Code, for-- + ``(i) travel performed from the residence of the + officer, at the time of release from active duty to + participate in the program, to the location in the United + States designated by the officer as the officer's residence + during the period of participation in the program; and + ``(ii) travel performed to the residence of the officer + upon return to active duty at the end of the participation + of the officer in the program. + ``(B) Single residence.--An allowance is payable under this + paragraph only with respect to travel of an officer to and from + a single residence. + ``(5) Leave balance.--An officer who participates in a program + under this section is entitled to carry forward the leave balance + existing as of the day on which the officer begins participation + and accumulated in accordance with section 701 of title 10, United + States Code, but not to exceed 60 days. ``(g) Promotion.-- - ``(1) In general.--An officer participating in a program - under this section shall not, while participating in the - program, be eligible for consideration for promotion under - subtitle B. - ``(2) Return to service.--Upon the return of an officer to - active duty after completion by the officer of participation in - a program under this section-- - ``(A) the Secretary may adjust the date of rank of - the officer in such manner as the Secretary shall - prescribe in regulations for purposes of this section; - and - ``(B) the officer shall be eligible for - consideration for promotion when officers of the same - competitive category, grade, and seniority are eligible - for consideration for promotion. + ``(1) In general.--An officer participating in a program under + this section shall not, while participating in the program, be + eligible for consideration for promotion under subtitle B. + ``(2) Return to service.--Upon the return of an officer to + active duty after completion by the officer of participation in a + program under this section-- + ``(A) the Secretary may adjust the date of rank of the + officer in such manner as the Secretary shall prescribe in + regulations for purposes of this section; and + ``(B) the officer shall be eligible for consideration for + promotion when officers of the same competitive category, + grade, and seniority are eligible for consideration for + promotion. ``(h) Continued Entitlements.--An officer participating in a program under this section shall, while participating in the program, be treated as a member of the uniformed services on active duty for a period of more than 30 days for purposes of-- - ``(1) the entitlement of the officer and of the dependents - of the officer to medical and dental care under the provisions - of chapter 55 of title 10, United States Code; and - ``(2) retirement or separation for physical disability - under the provisions of subtitle C.''. + ``(1) the entitlement of the officer and of the dependents of + the officer to medical and dental care under the provisions of + chapter 55 of title 10, United States Code; and + ``(2) retirement or separation for physical disability under + the provisions of subtitle C.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372), @@ -1475,43 +1329,37 @@ item relating to section 235 the following: TITLE IV--SEPARATION AND RETIREMENT OF OFFICERS -SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION. - + SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION. Section 241 (33 U.S.C. 3041) is amended by adding at the end the following: ``(d) Deferment of Retirement or Separation for Medical Reasons.-- - ``(1) In general.--If the Secretary determines that the - evaluation of the medical condition of an officer requires - hospitalization or medical observation that cannot be completed - with confidence in a manner consistent with the officer's well- - being before the date on which the officer would otherwise be - required to retire or be separated under this section, the - Secretary may defer the retirement or separation of the - officer. - ``(2) Consent required.--A deferment may only be made with - the written consent of the officer involved. If the officer - does not provide written consent to the deferment, the officer - shall be retired or separated as scheduled. - ``(3) Limitation.--A deferment of retirement or separation - under this subsection may not extend for more than 30 days - after completion of the evaluation requiring hospitalization or - medical observation.''. - -SEC. 402. SEPARATION PAY. - + ``(1) In general.--If the Secretary determines that the + evaluation of the medical condition of an officer requires + hospitalization or medical observation that cannot be completed + with confidence in a manner consistent with the officer's well- + being before the date on which the officer would otherwise be + required to retire or be separated under this section, the + Secretary may defer the retirement or separation of the officer. + ``(2) Consent required.--A deferment may only be made with the + written consent of the officer involved. If the officer does not + provide written consent to the deferment, the officer shall be + retired or separated as scheduled. + ``(3) Limitation.--A deferment of retirement or separation + under this subsection may not extend for more than 30 days after + completion of the evaluation requiring hospitalization or medical + observation.''. + SEC. 402. SEPARATION PAY. Section 242 (33 U.S.C. 3042) is amended by adding at the end the following: ``(d) Exception.--An officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer-- - ``(1) expresses a desire not to be selected for promotion; - or - ``(2) requests removal from the list of selectees.''. + ``(1) expresses a desire not to be selected for promotion; or + ``(2) requests removal from the list of selectees.''. TITLE V--OTHER NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MATTERS -SEC. 501. CHARTING AND SURVEY SERVICES. - + SEC. 501. CHARTING AND SURVEY SERVICES. (a) In General.--Not later than 270 days after the development of the strategy required by section 1002(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (33 U.S.C. 892a note), the Secretary of @@ -1521,9 +1369,7 @@ services by vessels. (b) Charting and Surveys in the Arctic.--In soliciting and engaging the services of vessels under subsection (a), the Secretary shall particularly emphasize the need for charting and surveys in the Arctic. - -SEC. 502. CO-LOCATION AGREEMENTS. - + SEC. 502. CO-LOCATION AGREEMENTS. (a) In General.--During fiscal years 2021 through 2030, and subject to the availability of appropriations, the Administrator of the National Oceanic and Atmospheric Administration may execute @@ -1533,20 +1379,20 @@ periods of not more than 20 years, if each such agreement is supported by a price reasonableness analysis. (b) Entities Described.--An entity described in this subsection is-- - (1) the government of any State, territory, possession, or - locality of the United States; - (2) any Tribal organization (as defined in section 4 of the - Indian Self-Determination and Education Assistance Act (25 - U.S.C. 5304)); - (3) any subdivision of-- - (A) a government described in paragraph (1); or - (B) an organization described in paragraph (2); or - (4) any organization that is-- - (A) organized under the laws of the United States - or any jurisdiction within the United States; and - (B) described in section 501(c) of the Internal - Revenue Code of 1986 and exempt from tax under section - 501(a) of such Code. + (1) the government of any State, territory, possession, or + locality of the United States; + (2) any Tribal organization (as defined in section 4 of the + Indian Self-Determination and Education Assistance Act (25 U.S.C. + 5304)); + (3) any subdivision of-- + (A) a government described in paragraph (1); or + (B) an organization described in paragraph (2); or + (4) any organization that is-- + (A) organized under the laws of the United States or any + jurisdiction within the United States; and + (B) described in section 501(c) of the Internal Revenue + Code of 1986 and exempt from tax under section 501(a) of such + Code. (c) Collaboration Agreements.--Upon the execution of an agreement authorized by subsection (a) with an entity, the Administrator may enter into agreements with the entity to collaborate or engage in @@ -1554,78 +1400,68 @@ projects or programs on matters of mutual interest for periods not to exceed the term of the agreement. The cost of such agreements shall be apportioned equitably, as determined by the Administrator. (d) Savings Clause.--Nothing in this section shall be construed-- - (1) to affect the authority of the Administrator of General - Services; or - (2) to grant the Administrator of the National Oceanic and - Atmospheric Administration any additional authority to enter - into a lease without approval of the General Services - Administration. - -SEC. 503. SATELLITE AND DATA MANAGEMENT. - + (1) to affect the authority of the Administrator of General + Services; or + (2) to grant the Administrator of the National Oceanic and + Atmospheric Administration any additional authority to enter into a + lease without approval of the General Services Administration. + SEC. 503. SATELLITE AND DATA MANAGEMENT. Section 301 of the Weather Research and Forecasting Innovation Act of 2017 (15 U.S.C. 8531) is amended-- - (1) in subsection (c)(1), by striking subparagraph (D) and - inserting the following: - ``(D) improve-- - ``(i) weather and climate forecasting and - predictions; and - ``(ii) the understanding, management, and - exploration of the ocean.''; and - (2) in subsection (d)-- - (A) in paragraph (1)-- - (i) by striking ``data and satellite - systems'' and inserting ``data, satellite, and - other observing systems''; and - (ii) by striking ``to carry out'' and all - that follows and inserting the following: ``to - carry out-- - ``(A) basic, applied, and advanced research - projects and ocean exploration missions to meet the - objectives described in subparagraphs (A) through (D) - of subsection (c)(1); or - ``(B) any other type of project to meet other - mission objectives, as determined by the Under - Secretary.''; - (B) in paragraph (2)(B)(i), by striking - ``satellites'' and all that follows and inserting - ``systems, including satellites, instrumentation, - ground stations, data, and data processing;''; and - (C) in paragraph (3), by striking ``2023'' and - inserting ``2030''. - -SEC. 504. IMPROVEMENTS RELATING TO SEXUAL HARASSMENT AND ASSAULT - PREVENTION AT THE NATIONAL OCEANIC AND ATMOSPHERIC - ADMINISTRATION. - + (1) in subsection (c)(1), by striking subparagraph (D) and + inserting the following: + ``(D) improve-- + ``(i) weather and climate forecasting and predictions; + and + ``(ii) the understanding, management, and exploration + of the ocean.''; and + (2) in subsection (d)-- + (A) in paragraph (1)-- + (i) by striking ``data and satellite systems'' and + inserting ``data, satellite, and other observing systems''; + and + (ii) by striking ``to carry out'' and all that follows + and inserting the following: ``to carry out-- + ``(A) basic, applied, and advanced research projects and + ocean exploration missions to meet the objectives described in + subparagraphs (A) through (D) of subsection (c)(1); or + ``(B) any other type of project to meet other mission + objectives, as determined by the Under Secretary.''; + (B) in paragraph (2)(B)(i), by striking ``satellites'' and + all that follows and inserting ``systems, including satellites, + instrumentation, ground stations, data, and data processing;''; + and + (C) in paragraph (3), by striking ``2023'' and inserting + ``2030''. + SEC. 504. IMPROVEMENTS RELATING TO SEXUAL HARASSMENT AND ASSAULT + PREVENTION AT THE NATIONAL OCEANIC AND ATMOSPHERIC + ADMINISTRATION. (a) Reporting.--Subtitle C of title XXXV of the National Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.) is amended-- - (1) in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by - striking ``can be confidentially reported'' and inserting ``can - be reported on a restricted or unrestricted basis''; and - (2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by - striking ``can be confidentially reported'' and inserting ``can - be reported on a restricted or unrestricted basis''. + (1) in section 3541(b)(3)(B) (33 U.S.C. 894(b)(3)(B)), by + striking ``can be confidentially reported'' and inserting ``can be + reported on a restricted or unrestricted basis''; and + (2) in section 3542(b)(5)(B) (33 U.S.C. 894a(b)(5)(B)), by + striking ``can be confidentially reported'' and inserting ``can be + reported on a restricted or unrestricted basis''. (b) Investigative Requirement.--Such subtitle is amended-- - (1) by redesignating sections 3546 and 3547 as sections - 3548 and 3549, respectively; and - (2) by inserting after section 3545 the following: - + (1) by redesignating sections 3546 and 3547 as sections 3548 + and 3549, respectively; and + (2) by inserting after section 3545 the following: ``SEC. 3546. INVESTIGATION REQUIREMENT. - ``(a) Requirement to Investigate.-- - ``(1) In general.--The Secretary of Commerce, acting - through the Under Secretary for Oceans and Atmosphere, shall - ensure that each allegation of sexual harassment reported under - section 3541 and each allegation of sexual assault reported - under section 3542 is investigated thoroughly and promptly. - ``(2) Sense of congress on commencement of investigation.-- - It is the sense of Congress that the Secretary should ensure - that an investigation of alleged sexual harassment reported - under section 3541 or sexual assault reported under section - 3542 commences not later than 48 hours after the time at which - the allegation was reported. + ``(1) In general.--The Secretary of Commerce, acting through + the Under Secretary for Oceans and Atmosphere, shall ensure that + each allegation of sexual harassment reported under section 3541 + and each allegation of sexual assault reported under section 3542 + is investigated thoroughly and promptly. + ``(2) Sense of congress on commencement of investigation.--It + is the sense of Congress that the Secretary should ensure that an + investigation of alleged sexual harassment reported under section + 3541 or sexual assault reported under section 3542 commences not + later than 48 hours after the time at which the allegation was + reported. ``(b) Notification of Delay.--In any case in which the time between the reporting of alleged sexual harassment or sexual assault under section 3541 or 3542, respectively, and commencement of an @@ -1633,9 +1469,7 @@ investigation of the allegation exceeds 48 hours, the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives of the delay. - ``SEC. 3547. CRIMINAL REFERRAL. - ``If the Secretary of Commerce finds, pursuant to an investigation under section 3546, evidence that a crime may have been committed, the Secretary shall refer the matter to the appropriate law enforcement @@ -1647,24 +1481,11 @@ such Act is amended by striking the items relating to sections 3546 and ``Sec. 3546. Investigation requirement. ``Sec. 3547. Criminal referral. ``Sec. 3548. Annual report on sexual assaults in the National Oceanic - and Atmospheric Administration. + and Atmospheric Administration. ``Sec. 3549. Sexual assault defined.''. - Passed the Senate November 16, 2020. - - Attest: - - Secretary. -116th CONGRESS - 2d Session + Speaker of the House of Representatives. - S. 2981 - -_______________________________________________________________________ - - AN ACT - - To reauthorize and amend the National Oceanic and Atmospheric - Administration Commissioned Officer Corps Act of 2002, and for other - purposes. + Vice President of the United States and + President of the Senate. From a27c58242e67fea3b6ba2ab824e53665269507ba Mon Sep 17 00:00:00 2001 From: "Sen. Barrasso, John [R-WY]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 905/984] Senate-3051: Introduced to Senate --- bills_text/Senate-3051.txt | 2437 ++++++++++++++++++++++++++++++++++++ 1 file changed, 2437 insertions(+) create mode 100644 bills_text/Senate-3051.txt diff --git a/bills_text/Senate-3051.txt b/bills_text/Senate-3051.txt new file mode 100644 index 0000000..63fb5aa --- /dev/null +++ b/bills_text/Senate-3051.txt @@ -0,0 +1,2437 @@ +116th CONGRESS + 1st Session + S. 3051 + + To improve protections for wildlife, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 12, 2019 + + Mr. Barrasso (for himself and Mr. Carper) introduced the following +bill; which was read twice and referred to the Committee on Environment + and Public Works + +_______________________________________________________________________ + + A BILL + + + + To improve protections for wildlife, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``America's +Conservation Enhancement Act''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. + TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION + +Sec. 101. Theodore Roosevelt Genius Prize for reducing human-predator + conflict. +Sec. 102. Losses of livestock due to depredation by federally protected + species. +Sec. 103. Depredation permits for black vultures and common ravens. +Sec. 104. Chronic Wasting Disease Task Force. +Sec. 105. Fish and Wildlife Coordination Act. +Sec. 106. North American Wetlands Conservation Act. +Sec. 107. National Fish and Wildlife Foundation Establishment Act. +Sec. 108. Modification of definition of sport fishing equipment under + Toxic Substances Control Act. +Sec. 109. Reauthorization of Chesapeake Bay Program. +Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998. +Sec. 111. Chesapeake watershed investments for landscape defense. +Sec. 112. Great Lakes monitoring, assessment, science, and research. + TITLE II--MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S NEEDS + +Sec. 201. Purpose. +Sec. 202. Definitions. +Sec. 203. Apportionment of available amounts. +Sec. 204. Expenditures for management of wildlife areas and resources. +Sec. 205. Firearm and bow hunter education and safety program grants. +Sec. 206. Multistate conservation grant program. + TITLE III--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS + +Sec. 301. Purpose. +Sec. 302. Definitions. +Sec. 303. National Fish Habitat Board. +Sec. 304. Fish Habitat Partnerships. +Sec. 305. Fish Habitat Conservation Projects. +Sec. 306. Technical and scientific assistance. +Sec. 307. Coordination with States and Indian Tribes. +Sec. 308. Interagency Operational Plan. +Sec. 309. Accountability and reporting. +Sec. 310. Effect of this title. +Sec. 311. Nonapplicability of Federal Advisory Committee Act. +Sec. 312. Funding. +Sec. 313. Prohibition against implementation of regulatory authority by + Federal agencies through Partnerships. + TITLE IV--MISCELLANEOUS + +Sec. 401. Sense of the Senate regarding conservation agreements and + activities. +Sec. 402. Study to review conservation factors. +Sec. 403. Study and report on expenditures. +Sec. 404. Use of value of land for cost sharing. + + TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION + +SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-PREDATOR + CONFLICT. + + (a) In General.--Section 7001(d) of the John D. Dingell, Jr. +Conservation, Management, and Recreation Act (16 U.S.C. 742b note; +Public Law 116-9) is amended-- + (1) in paragraphs (2)(C)(v), (3)(C)(v), (4)(C)(v), + (5)(C)(v), and (6)(C)(v), by striking ``paragraph (7)(A)'' each + place it appears and inserting ``paragraph (8)(A)''; + (2) in paragraphs (2)(D)(ii), (2)(F)(ii), (3)(D)(ii), + (3)(F)(ii), (4)(D)(ii), (4)(F)(ii), (5)(D)(ii), (5)(F)(ii), + (6)(D)(ii), and (6)(F)(ii) by striking ``paragraph (7)(B)'' + each place it appears and inserting ``paragraph (8)(B)''; + (3) in paragraph (6)(C)(iv), in the matter preceding clause + (i), by striking ``subparagraph (C)'' and inserting ``clause + (iii)''; + (4) by redesignating paragraph (7) as paragraph (8); + (5) by inserting after paragraph (6) the following: + ``(7) Theodore roosevelt genius prize for reducing human- + predator conflict.-- + ``(A) Definitions.--In this paragraph: + ``(i) Board.--The term `Board' means the + Reducing Human-Predator Conflict Technology + Advisory Board established by subparagraph + (C)(i). + ``(ii) Prize competition.--The term `prize + competition' means the Theodore Roosevelt + Genius Prize for reducing human-predator + conflict established under subparagraph (B). + ``(B) Authority.--Not later than 180 days after the + date of enactment of the America's Conservation + Enhancement Act, the Secretary shall establish under + section 24 of the Stevenson-Wydler Technology + Innovation Act of 1980 (15 U.S.C. 3719) a prize + competition, to be known as the `Theodore Roosevelt + Genius Prize for reducing human-predator conflict'-- + ``(i) to encourage technological innovation + with the potential to advance the mission of + the United States Fish and Wildlife Service + with respect to reducing the frequency of + human-predator conflict using nonlethal means; + and + ``(ii) to award 1 or more prizes annually + for a technological advancement that promotes + reducing human-predator conflict using + nonlethal means, which may include the + application and monitoring of tagging + technologies. + ``(C) Advisory board.-- + ``(i) Establishment.--There is established + an advisory board, to be known as the `Reducing + Human-Predator Conflict Technology Advisory + Board'. + ``(ii) Composition.--The Board shall be + composed of not fewer than 9 members appointed + by the Secretary, who shall provide expertise + in-- + ``(I) predator-human interactions; + ``(II) the habitats of large + predators; + ``(III) biology; + ``(IV) technology development; + ``(V) engineering; + ``(VI) economics; + ``(VII) business development and + management; and + ``(VIII) any other discipline, as + the Secretary determines to be + necessary to achieve the purposes of + this paragraph. + ``(iii) Duties.--Subject to clause (iv), + with respect to the prize competition, the + Board shall-- + ``(I) select a topic; + ``(II) issue a problem statement; + ``(III) advise the Secretary + regarding any opportunity for + technological innovation to reduce + human-predator conflict using nonlethal + means; and + ``(IV) advise winners of the prize + competition regarding opportunities to + pilot and implement winning + technologies in relevant fields, + including in partnership with + conservation organizations, Federal or + State agencies, federally recognized + Indian Tribes, private entities, and + research institutions with expertise or + interest relating to reducing human- + predator conflict using nonlethal + means. + ``(iv) Consultation.--In selecting a topic + and issuing a problem statement for the prize + competition under subclauses (I) and (II) of + clause (iii), respectively, the Board shall + consult widely with Federal and non-Federal + stakeholders, including-- + ``(I) 1 or more Federal agencies + with jurisdiction over the management + of native wildlife species at risk due + to conflict with human activities; + ``(II) 1 or more State agencies + with jurisdiction over the management + of native wildlife species at risk due + to conflict with human activities; + ``(III) 1 or more State, regional, + or local wildlife organizations, the + mission of which relates to the + management of native wildlife species + at risk due to conflict with human + activities; and + ``(IV) 1 or more wildlife + conservation groups, technology + companies, research institutions, + institutions of higher education, + industry associations, or individual + stakeholders with an interest in the + management of native wildlife species + at risk due to conflict with human + activities. + ``(v) Requirements.--The Board shall comply + with all requirements under paragraph (8)(A). + ``(D) Agreement with national fish and wildlife + foundation.-- + ``(i) In general.--The Secretary shall + offer to enter into an agreement under which + the National Fish and Wildlife Foundation shall + administer the prize competition. + ``(ii) Requirements.--An agreement entered + into under clause (i) shall comply with all + requirements under paragraph (8)(B). + ``(E) Judges.-- + ``(i) Appointment.--The Secretary shall + appoint not fewer than 3 judges who shall, + except as provided in clause (ii), select the 1 + or more annual winners of the prize + competition. + ``(ii) Determination by secretary.--The + judges appointed under clause (i) shall not + select any annual winner of the prize + competition if the Secretary makes a + determination that, in any fiscal year, none of + the technological advancements entered into the + prize competition merits an award. + ``(F) Consultation with noaa.--The Secretary shall + consult with the Secretary of Commerce, acting through + the Administrator of the National Oceanic and + Atmospheric Administration, in the case of a cash prize + awarded under the prize competition for a technology + that addresses conflict between marine predators under + the jurisdiction of the Secretary of Commerce, acting + through the Administrator of the National Oceanic and + Atmospheric Administration, and humans. + ``(G) Report to congress.--Not later than 60 days + after the date on which a cash prize is awarded under + this paragraph, the Secretary shall submit to the + Committee on Environment and Public Works of the Senate + and the Committee on Natural Resources of the House of + Representatives a report on the prize competition that + includes-- + ``(i) a statement by the Board that + describes the activities carried out by the + Board relating to the duties described in + subparagraph (C)(iii); + ``(ii) if the Secretary has entered into an + agreement under subparagraph (D)(i), a + statement by the National Fish and Wildlife + Foundation that describes the activities + carried out by the National Fish and Wildlife + Foundation relating to the duties described in + paragraph (8)(B); and + ``(iii) a statement by 1 or more of the + judges appointed under subparagraph (E) that + explains the basis on which the winner of the + cash prize was selected. + ``(H) Termination of authority.--The Board and all + authority provided under this paragraph shall terminate + on December 31, 2023.''; and + (6) in paragraph (8) (as so redesignated)-- + (A) in subparagraph (A), in the matter preceding + clause (i), by striking ``or (6)(C)(i)'' and inserting + ``(6)(C)(i), or (7)(C)(i)''; and + (B) in subparagraph (B)-- + (i) in the matter preceding clause (i), by + striking ``or (6)(D)(i)'' and inserting + ``(6)(D)(i), or (7)(D)(i)''; and + (ii) in clause (i)(VII), by striking ``and + (6)(E)'' and inserting ``(6)(E), and (7)(E)''. + (b) Sense of Congress.--It is the sense of Congress that data +collected from the tagging of predators can inform innovative +management of those predators and innovative education activities to +minimize human-predator conflict. + +SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY PROTECTED + SPECIES. + + (a) Definitions.--In this section: + (1) Depredation.-- + (A) In general.--The term ``depredation'' means + actual death, injury, or destruction of livestock that + is caused by a federally protected species. + (B) Exclusions.--The term ``depredation'' does not + include damage to real or personal property other than + livestock, including-- + (i) damage to-- + (I) other animals; + (II) vegetation; + (III) motor vehicles; or + (IV) structures; + (ii) diseases; + (iii) lost profits; or + (iv) consequential damages. + (2) Federally protected species.--The term ``federally + protected species'' means a species that is or previously was + protected under-- + (A) the Act of June 8, 1940 (commonly known as the + ``Bald and Golden Eagle Protection Act'') (54 Stat. + 250, chapter 278; 16 U.S.C. 668 et seq.); + (B) the Endangered Species Act of 1973 (16 U.S.C. + 1531 et seq.); or + (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et + seq.). + (3) 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). + (4) Livestock.-- + (A) In general.--The term ``livestock'' means + horses, mules and asses, rabbits, llamas, cattle, + bison, swine, sheep, goats, poultry, bees, honey and + beehives, or any other animal generally used for food + or in the production of food or fiber. + (B) Inclusion.--The term ``livestock'' includes + guard animals actively engaged in the protection of + livestock described in subparagraph (A). + (5) Program.--The term ``program'' means the grant program + established under subsection (b)(1). + (6) Secretaries.--The term ``Secretaries'' means-- + (A) the Secretary of the Interior, acting through + the Director of the United States Fish and Wildlife + Service; and + (B) the Secretary of Agriculture, acting through + the Administrator of the Animal and Plant Health + Inspection Service. + (b) Grant Program for Losses of Livestock Due to Depredation by +Federally Protected Species.-- + (1) In general.--The Secretaries shall establish a program + to provide grants to States and Indian tribes to supplement + amounts provided by States, Indian tribes, or State agencies + under 1 or more programs established by the States and Indian + tribes (including programs established after the date of + enactment of this Act)-- + (A) to assist livestock producers in carrying out-- + (i) proactive and nonlethal activities to + reduce the risk of livestock loss due to + depredation by federally protected species + occurring on-- + (I) Federal, State, or private land + within the applicable State; or + (II) land owned by, or held in + trust for the benefit of, the + applicable Indian tribe; and + (ii) research relating to the activities + described in clause (i); and + (B) to compensate livestock producers for livestock + losses due to depredation by federally protected + species occurring on-- + (i) Federal, State, or private land within + the applicable State; or + (ii) land owned by, or held in trust for + the benefit of, the applicable Indian tribe. + (2) Allocation of funding.-- + (A) Reports to the secretaries.--Not later than + September 30 of each year, a State or Indian tribe + desiring to receive a grant under the program shall + submit to the Secretaries a report describing, for the + 1-year period ending on that September 30, the losses + of livestock due to depredation by federally protected + species occurring on-- + (i) Federal, State, or private land within + the applicable State; or + (ii) land owned by, or held in trust for + the benefit of, the applicable Indian tribe. + (B) Allocation.--The Secretaries shall allocate + available funding to carry out this Act among States + and Indian tribes for a 1-year period ending on + September 30 based on the losses described in the + reports submitted for the previous 1-year period ending + on September 30 under subparagraph (A). + (3) Eligibility.--To be eligible to receive a grant under + paragraph (1), a State or Indian tribe shall-- + (A) designate an appropriate agency of the State or + Indian tribe to administer the 1 or more programs + supplemented by the grant funds; + (B) establish 1 or more accounts to receive grant + funds; + (C) maintain files of all claims received and paid + under grant-funded programs, including supporting + documentation; and + (D) submit to the Secretaries-- + (i) annual reports that include-- + (I) a summary of claims and + expenditures under the program during + the year; and + (II) a description of any action + taken on the claims; and + (ii) such other reports as the Secretaries + may require to assist the Secretaries in + determining the effectiveness of assisted + activities under this section. + (c) Sense of the Senate.--It is the sense of the Senate that-- + (1) no State or Indian tribe is required to participate in + the program; and + (2) the program supplements, and does not replace or + supplant, any State compensation programs for depredation. + (d) Authorization of Appropriations.--There is authorized to be +appropriated to carry out this section $15,000,000 for each of fiscal +years 2021 through 2025, of which-- + (1) $5,000,000 shall be used to provide grants for the + purposes described in subsection (b)(1)(A); and + (2) $10,000,000 shall be used to provide grants for the + purpose described in subsection (b)(1)(B). + +SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES AND COMMON RAVENS. + + (a) In General.--The Secretary of the Interior, acting through the +Director of the United States Fish and Wildlife Service (referred to in +this section as the ``Secretary''), may issue depredation permits to +livestock producers authorizing takings of black vultures or common +ravens otherwise prohibited by Federal law to prevent those vultures or +common ravens from taking livestock during the calving season or +lambing season. + (b) Limited to Affected States or Regions.--The Secretary may issue +permits under subsection (a) only to livestock producers in States and +regions in which livestock producers are affected or have been affected +in the previous year by black vultures or common ravens, as determined +by Secretary. + (c) Reporting.--The Secretary shall require, as a condition of a +permit under subsection (a), that the permit holder shall report to the +appropriate enforcement agencies the takings of black vultures or +common ravens pursuant to the permit. + +SEC. 104. CHRONIC WASTING DISEASE TASK FORCE. + + (a) Definition of Chronic Wasting Disease.--In this section, the +term ``chronic wasting disease'' means the animal disease afflicting +deer, elk, and moose populations that-- + (1) is a transmissible disease of the nervous system + resulting in distinctive lesions in the brain; and + (2) belongs to the group of diseases known as transmissible + spongiform encephalopathies, which group includes scrapie, + bovine spongiform encephalopathy, and Creutzfeldt-Jakob + disease. + (b) Establishment.-- + (1) In general.--There is established within the United + States Fish and Wildlife Service a task force, to be known as + the ``Chronic Wasting Disease Task Force'' (referred to in this + subsection as the ``Task Force''). + (2) Duties.--The Task Force shall-- + (A) collaborate with foreign governments to share + research, coordinate efforts, and discuss best + management practices to reduce, minimize, prevent, or + eliminate chronic wasting disease in the United States; + (B) develop recommendations, including + recommendations based on findings of the study + conducted under subsection (c), and a set of best + practices regarding-- + (i) the interstate coordination of + practices to prevent the new introduction of + chronic wasting disease; + (ii) the prioritization and coordination of + the future study of chronic wasting disease, + based on evolving research needs; + (iii) ways to leverage the collective + resources of Federal, State, and local + agencies, Indian Tribes, and foreign + governments, and resources from private, + nongovernmental entities, to address chronic + wasting disease in the United States and along + the borders of the United States; and + (iv) any other area where containment or + management efforts relating to chronic wasting + disease may differ across jurisdictions; + (C) draw from existing and future academic and + management recommendations to develop an interstate + action plan under which States and the Federal + Government agree to enact consistent management, + educational, and research practices relating to chronic + wasting disease; and + (D) facilitate the creation of a cooperative + agreement by which States and relevant Federal agencies + agree to commit funds to implement best practices + described in the interstate action plan developed under + subparagraph (C). + (3) Membership.-- + (A) In general.--The Task Force shall be composed + of-- + (i) 1 representative of the United States + Fish and Wildlife Service with experience in + chronic wasting disease, to be appointed by the + Secretary of the Interior (referred to in this + subsection as the ``Secretary''); + (ii) 1 representative of the United States + Geological Survey; + (iii) 2 representatives of the Department + of Agriculture with experience in chronic + wasting disease, to be appointed by the + Secretary of Agriculture-- + (I) 1 of whom shall have expertise + in research; and + (II) 1 of whom shall have expertise + in wildlife management; + (iv) in the case of each State in which + chronic wasting disease among elk, mule deer, + white-tailed deer, or moose has been reported + to the appropriate State agency, not more than + 2 representatives, to be nominated by the + Governor of the State-- + (I) not more than 1 of whom shall + be a representative of the State agency + with jurisdiction over wildlife + management or wildlife disease in the + State; and + (II) in the case of a State with a + farmed cervid program or economy, not + more than 1 of whom shall be a + representative of the State agency with + jurisdiction over farmed cervid + regulation in the State; + (v) in the case of each State in which + chronic wasting disease among elk, mule deer, + white-tailed deer, or moose has not been + documented, but that has carried out measures + to prevent the introduction of chronic wasting + disease among those species, not more than 2 + representatives, to be nominated by the + Governor of the State; + (vi) not more than 2 representatives from + an Indian tribe or tribal organization chosen + in a process determined, in consultation with + Indian tribes, by the Secretary for each of + clauses (iv) and (v); and + (vii) not more than 5 nongovernmental + members with relevant expertise appointed, + after the date on which the members are first + appointed under clauses (i) through (v), by a + majority vote of the State representatives + appointed under clause (iv). + (B) Effect.--Nothing in this paragraph requires a + State to participate in the Task Force. + (4) Co-chairs.--The Co-Chairs of the Task Force shall be-- + (A) the Federal representative described in + paragraph (3)(A)(i); and + (B) 1 State representative appointed under + paragraph (3)(A)(iv), to be selected by a majority vote + of those State representatives. + (5) Date of initial appointment.-- + (A) In general.--The members of the Task Force + shall be appointed not later than 180 days after the + date on which the study is completed under subsection + (c). + (B) Notification.--On appointment of the members of + the Task Force, the Co-Chairs of the Task Force shall + notify the Chairs and Ranking Members of the Committees + on Environment and Public Works of the Senate and + Natural Resources of the House of Representatives. + (6) Vacancies.--Any vacancy in the members appointed to the + Task Force-- + (A) shall not affect the power or duty of the Task + Force; and + (B) shall be filled not later than 30 days after + the date of the vacancy. + (7) Meetings.--The Task Force shall convene-- + (A) not less frequently than twice each year; and + (B) at such time and place, and by such means, as + the Co-Chairs of the Task Force determine to be + appropriate, which may include the use of remote + conference technology. + (8) Interstate action plan.-- + (A) In general.--Not later than 1 year after the + date on which the members of the Task Force are + appointed, the Task Force shall submit to the + Secretary, and the heads of the State agencies with + jurisdiction over wildlife disease and farmed cervid + regulation of each State with a representative on the + Task Force, the interstate action plan developed by the + Task Force under paragraph (2)(C). + (B) Cooperative agreements.-- + (i) In general.--To the maximum extent + practicable, the Secretary, any other + applicable Federal agency, and each applicable + State shall enter into a cooperative agreement + to fund necessary actions under the interstate + action plan submitted under subparagraph (A). + (ii) Target date.--The Secretary shall make + the best effort of the Secretary to enter into + any cooperative agreement under clause (i) not + later than 180 days after the date of + submission of the interstate action plan under + subparagraph (A). + (C) Matching funds.-- + (i) In general.--Subject to clause (ii), + for each fiscal year, the Federal Government + shall provide funds to carry out an interstate + action plan through a cooperative agreement + under subparagraph (B) in the amount of funds + provided by the applicable States. + (ii) Limitation.--The amount provided by + the Federal Government under clause (i) for a + fiscal year shall be not greater than + $5,000,000. + (9) Reports.--Not later than September 30 of the first full + fiscal year after the date on which the first members of the + Task Force are appointed, and each September 30 thereafter, the + Task Force shall submit to the Secretary, and the heads of the + State agencies with jurisdiction over wildlife disease and + farmed cervid regulation of each State with a representative on + the Task Force, a report describing-- + (A) progress on the implementation of actions + identified in the interstate action plan submitted + under paragraph (8)(A), including the efficacy of + funding under the cooperative agreement entered into + under paragraph (8)(B); + (B) updated resource requirements that are needed + to reduce and eliminate chronic wasting disease in the + United States; + (C) any relevant updates to the recommended best + management practices included in the interstate action + plan submitted under paragraph (8)(B) to reduce or + eliminate chronic wasting disease; + (D) new research findings and emerging research + needs relating to chronic wasting disease; and + (E) any other relevant information. + (c) Chronic Wasting Disease Transmission in Cervidae Resource +Study.-- + (1) Definitions.--In this subsection: + (A) Academy.--The term ``Academy'' means the + National Academy of Sciences. + (B) Cervid.--The term ``cervid'' means any species + within the family Cervidae. + (C) Secretaries.--The term ``Secretaries'' means + the Secretary of Agriculture, acting through the + Administrator of the Animal and Plant Health Inspection + Service, and the Secretary of the Interior, acting + through the Director of the United States Geological + Survey, acting jointly. + (2) Study.-- + (A) In general.--The Secretaries shall enter into + an arrangement with the Academy under which the Academy + shall conduct, and submit to the Secretaries a report + describing the findings of, a special resource study to + identify the predominant pathways and mechanisms of the + transmission of chronic wasting disease in wild, + captive, and farmed populations of cervids in the + United States. + (B) Requirements.--The arrangement under + subparagraph (A) shall provide that the actual expenses + incurred by the Academy in conducting the study under + subparagraph (A) shall be paid by the Secretaries. + (3) Contents of the study.--The study under paragraph (2) + shall-- + (A) with respect to wild, captive, and farmed + populations of cervids in the United States, identify-- + (i)(I) the pathways and mechanisms for the + transmission of chronic wasting disease within + live cervid populations and cervid products, + which may include pathways and mechanisms for + transmission from Canada; + (II) the infection rates for each pathway + and mechanism identified under subclause (I); + and + (III) the relative frequency of + transmission of each pathway and mechanism + identified under subclause (I); + (ii)(I) anthropogenic and environmental + factors contributing to new chronic wasting + disease emergence events; + (II) the development of geographical areas + with increased chronic wasting disease + prevalence; and + (III) the overall geographical patterns of + chronic wasting disease distribution; + (iii) significant gaps in current + scientific knowledge regarding the transmission + pathways and mechanisms identified under clause + (i)(I); and + (iv) for prioritization the scientific + research projects that will address the + knowledge gaps identified under clause (iii); + and + (B) review and compare science-based best + practices, standards, and guidance regarding the + management of chronic wasting disease in wild, captive, + and farmed populations of cervids in the United States + that have been developed by-- + (i) the National Chronic Wasting Disease + Herd Certification Program of the Animal and + Plant Health Inspection Service; + (ii) the United States Geological Survey; + and + (iii) State wildlife and agricultural + agencies, in the case of practices, standards, + and guidance that provide practical, science- + based recommendations to State and Federal + agencies for minimizing or eliminating the risk + of transmission of chronic wasting disease in + the United States. + (4) Deadline.--The study under paragraph (2) shall be + completed not later than 180 days after the date on which funds + are first made available for the study. + (5) Data sharing.--The Secretaries shall share with the + entity conducting the study under paragraph (2) data and access + to databases on chronic wasting disease under the jurisdiction + of-- + (A) the Veterinary Services Program of the Animal + and Plant Health Inspection Service; and + (B) the United States Geological Survey. + (6) Report.--On completion of the study, the Secretaries + shall submit to the Committee on Agriculture, Nutrition, and + Forestry, the Committee on Energy and Natural Resources, and + the Committee on Environment and Public Works of the Senate and + the Committee on Agriculture and the Committee on Natural + Resources of the House of Representatives a report that + describes-- + (A) the findings of the study; and + (B) any conclusions and recommendations that the + Secretaries determine to be appropriate. + (d) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section-- + (1) for the period of fiscal years 2021 through 2025, + $5,000,000 to the Secretary of the Interior, acting through the + Director of the United States Fish and Wildlife Service, to + carry out administrative activities under subsection (b); + (2) for fiscal year 2021, $1,200,000 to the Secretary of + the Interior, acting through the Director of the United States + Geological Survey, to carry out activities to fund research + under subsection (c); and + (3) for fiscal year 2021, $1,200,000 to the Secretary of + Agriculture, acting through the Administrator of the Animal and + Plant Health Inspection Service, to carry out activities to + fund research under subsection (c). + +SEC. 105. FISH AND WILDLIFE COORDINATION ACT. + + Section 10 of the Fish and Wildlife Coordination Act (16 U.S.C. +666c-1) is amended-- + (1) in subsection (c)(2)-- + (A) in subparagraph (A)-- + (i) by redesignating clauses (i) and (ii) + as clauses (ii) and (iii), respectively; and + (ii) by inserting before clause (ii) (as so + redesignated) the following: + ``(i) relevant Federal agencies;''; + (B) by redesignating subparagraphs (B) and (C) as + subparagraphs (C) and (D), respectively; and + (C) by inserting after subparagraph (A) the + following: + ``(B) in consultation with stakeholders, including + nongovernmental organizations and industry;''; and + (2) by adding at the end the following: + ``(p) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section for each of fiscal years 2021 +through 2025-- + ``(1) $2,500,000 to the Secretary of the Army, acting + through the Chief of Engineers; and + ``(2) $2,500,000 to the Secretary of the Interior, acting + through the Director of the United States Fish and Wildlife + Service.''. + +SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT. + + Section 7(c) of the North American Wetlands Conservation Act (16 +U.S.C. 4406(c)) is amended by striking ``not to exceed--'' in the +matter preceding paragraph (1) and all that follows through paragraph +(5) and inserting ``not to exceed $60,000,000 for each of fiscal years +2021 through 2025.''. + +SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT. + + (a) Board of Directors of Foundation.-- + (1) In general.--Section 3 of the National Fish and + Wildlife Foundation Establishment Act (16 U.S.C. 3702) is + amended-- + (A) in subsection (b)-- + (i) by striking paragraph (2) and inserting + the following: + ``(2) Appointment of directors.--After consulting with the + Secretary of Commerce and considering the recommendations + submitted by the Board, the Secretary of the Interior shall + appoint 28 Directors who, to the maximum extent practicable, + shall-- + ``(A) be knowledgeable and experienced in matters + relating to the conservation of fish, wildlife, or + other natural resources; and + ``(B) represent a balance of expertise in ocean, + coastal, freshwater, and terrestrial resource + conservation.''; and + (ii) by striking paragraph (3) and + inserting the following: + ``(3) Terms.--Each Director (other than a Director + described in paragraph (1)) shall be appointed for a term of 6 + years.''; and + (B) in subsection (g)(2)-- + (i) in subparagraph (A), by striking ``(A) + Officers and employees may not be appointed + until the Foundation has sufficient funds to + pay them for their service. Officers'' and + inserting the following: + ``(A) In general.--Officers''; and + (ii) by striking subparagraph (B) and + inserting the following: + ``(B) Executive director.--The Foundation shall + have an Executive Director who shall be-- + ``(i) appointed by, and serve at the + direction of, the Board as the chief executive + officer of the Foundation; and + ``(ii) knowledgeable and experienced in + matters relating to fish and wildlife + conservation.''. + (2) Conforming amendment.--Section 4(a)(1)(B) of the North + American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is + amended by striking ``Secretary of the Board'' and inserting + ``Executive Director of the Board''. + (b) Rights and Obligations of Foundation.--Section 4 of the +National Fish and Wildlife Foundation Establishment Act (16 U.S.C. +3703) is amended-- + (1) in subsection (c)-- + (A) by striking ``(c) Powers.--To carry out its + purposes under'' and inserting the following: + ``(c) Powers.-- + ``(1) In general.--To carry out the purposes described + in''; + (B) by redesignating paragraphs (1) through (11) as + subparagraphs (A) through (K), respectively, and + indenting appropriately; + (C) in subparagraph (D) (as redesignated by + subparagraph (B)), by striking ``that are insured by an + agency or instrumentality of the United States'' and + inserting ``at 1 or more financial institutions that + are members of the Federal Deposit Insurance + Corporation or the Securities Investment Protection + Corporation''; + (D) in subparagraph (E) (as redesignated by + subparagraph (B)), by striking ``paragraph (3) or (4)'' + and inserting ``subparagraph (C) or (D)''; + (E) in subparagraph (J) (as redesignated by + subparagraph (B)), by striking ``and'' at the end; + (F) by striking subparagraph (K) (as redesignated + by subparagraph (B)) and inserting the following: + ``(K) to receive and administer restitution and + community service payments, amounts for mitigation of + impacts to natural resources, and other amounts arising + from legal, regulatory, or administrative proceedings, + subject to the condition that the amounts are received + or administered for purposes that further the + conservation and management of fish, wildlife, plants, + and other natural resources; and + ``(L) to do acts necessary to carry out the + purposes of the Foundation.''; and + (G) by striking the undesignated matter at the end + and inserting the following: + ``(2) Treatment of real property.-- + ``(A) In general.--For purposes of this Act, an + interest in real property shall be treated as including + easements or other rights for preservation, + conservation, protection, or enhancement by and for the + public of natural, scenic, historic, scientific, + educational, inspirational, or recreational resources. + ``(B) Encumbered real property.--A gift, devise, or + bequest may be accepted by the Foundation even though + the gift, devise, or bequest is encumbered, restricted, + or subject to beneficial interests of private persons + if any current or future interest in the gift, devise, + or bequest is for the benefit of the Foundation. + ``(3) Savings clause.--The acceptance and administration of + amounts by the Foundation under paragraph (1)(K) does not + alter, supersede, or limit any regulatory or statutory + requirement associated with those amounts.''; + (2) by striking subsections (f) and (g); and + (3) by redesignating subsections (h) and (i) as subsections + (f) and (g), respectively. + (c) Authorization of Appropriations.--Section 10 of the National +Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is +amended-- + (1) in subsection (a), by striking paragraph (1) and + inserting the following: + ``(1) In general.--There are authorized to be appropriated + to carry out this Act for each of fiscal years 2021 through + 2025-- + ``(A) $15,000,000 to the Secretary of the Interior; + ``(B) $5,000,000 to the Secretary of Agriculture; + and + ``(C) $5,000,000 to the Secretary of Commerce.''; + (2) in subsection (b)-- + (A) by striking paragraph (1) and inserting the + following: + ``(1) Amounts from federal agencies.-- + ``(A) In general.--In addition to the amounts + authorized to be appropriated under subsection (a), + Federal departments, agencies, or instrumentalities are + authorized to provide funds to the Foundation through + Federal financial assistance grants and cooperative + agreements, subject to the condition that the amounts + are used for purposes that further the conservation and + management of fish, wildlife, plants, and other natural + resources in accordance with this Act. + ``(B) Advances.--Federal departments, agencies, or + instrumentalities may advance amounts described in + subparagraph (A) to the Foundation in a lump sum + without regard to when the expenses for which the + amounts are used are incurred. + ``(C) Management fees.--The Foundation may assess + and collect fees for the management of amounts received + under this paragraph.''; + (B) in paragraph (2)-- + (i) in the paragraph heading, by striking + ``funds'' and inserting ``amounts''; + (ii) by striking ``shall be used'' and + inserting ``may be used''; and + (iii) by striking ``and State and local + government agencies'' and inserting ``, State + and local government agencies, and other + entities''; and + (C) by adding at the end the following: + ``(3) Administration of amounts.-- + ``(A) In general.--In entering into contracts, + agreements, or other partnerships pursuant to this Act, + a Federal department, agency, or instrumentality shall + have discretion to waive any competitive process + applicable to the department, agency, or + instrumentality for entering into contracts, + agreements, or partnerships with the Foundation if the + purpose of the waiver is-- + ``(i) to address an environmental emergency + resulting from a natural or other disaster; or + ``(ii) as determined by the head of the + applicable Federal department, agency, or + instrumentality, to reduce administrative + expenses and expedite the conservation and + management of fish, wildlife, plants, and other + natural resources. + ``(B) Reports.--The Foundation shall include in the + annual report submitted under section 7(b) a + description of any use of the authority under + subparagraph (A) by a Federal department, agency, or + instrumentality in that fiscal year.''; and + (3) by adding at the end the following: + ``(d) Use of Gifts, Devises, or Bequests of Money or Other +Property.--Any gifts, devises, or bequests of amounts or other +property, or any other amounts or other property, transferred to, +deposited with, or otherwise in the possession of the Foundation +pursuant to this Act, may be made available by the Foundation to +Federal departments, agencies, or instrumentalities and may be accepted +and expended (or the disposition of the amounts or property directed), +without further appropriation, by those Federal departments, agencies, +or instrumentalities, subject to the condition that the amounts or +property be used for purposes that further the conservation and +management of fish, wildlife, plants, and other natural resources.''. + (d) Limitation on Authority.--Section 11 of the National Fish and +Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by +inserting ``exclusive'' before ``authority''. + +SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER + TOXIC SUBSTANCES CONTROL ACT. + + Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. +2602(2)(B)) is amended-- + (1) in clause (v), by striking ``and'' at the end; + (2) in clause (vi) by striking the period at the end and + inserting ``, and''; and + (3) by inserting after clause (vi) the following: + ``(vii) any sport fishing equipment (as such term is + defined in section 4162(a) of the Internal Revenue Code of + 1986) the sale of which is subject to the tax imposed by + section 4161(a) of such Code (determined without regard to any + exemptions from such tax provided by section 4162 or 4221 or + any other provision of such Code), and sport fishing equipment + components.''. + +SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM. + + Section 117 of the Federal Water Pollution Control Act (33 U.S.C. +1267) is amended by striking subsection (j) and inserting the +following: + ``(j) Authorization of Appropriations.--There is authorized to be +appropriated to carry out this section $90,000,000 for each of fiscal +years 2021 through 2025.''. + +SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998. + + Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public +Law 105-312; 112 Stat. 2963; 129 Stat. 2579; 132 Stat. 691) is amended +by striking ``2019'' and inserting ``2025''. + +SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE. + + (a) Definitions.--In this section: + (1) Chesapeake bay agreements.--The term ``Chesapeake Bay + agreements'' means the formal, voluntary agreements-- + (A) executed to achieve the goal of restoring and + protecting the Chesapeake Bay watershed ecosystem and + the living resources of the Chesapeake Bay watershed + ecosystem; and + (B) signed by the Chesapeake Executive Council. + (2) Chesapeake bay program.--The term ``Chesapeake Bay + program'' means the program directed by the Chesapeake + Executive Council in accordance with the Chesapeake Bay + agreements. + (3) Chesapeake bay watershed.--The term ``Chesapeake Bay + watershed'' means the region that covers-- + (A) the Chesapeake Bay; + (B) the portions of the States of Delaware, + Maryland, New York, Pennsylvania, Virginia, and West + Virginia that drain into the Chesapeake Bay; and + (C) the District of Columbia. + (4) Chesapeake executive council.--The term ``Chesapeake + Executive Council'' means the council comprised of-- + (A) the Governors of each of the States of + Delaware, Maryland, New York, Pennsylvania, Virginia, + and West Virginia; + (B) the Mayor of the District of Columbia; + (C) the Chair of the Chesapeake Bay Commission; and + (D) the Administrator of the Environmental + Protection Agency. + (5) Chesapeake wild program.--The term ``Chesapeake WILD + program'' means the nonregulatory program established by the + Secretary under subsection (b)(1). + (6) Grant program.--The term ``grant program'' means the + Chesapeake Watershed Investments for Landscape Defense grant + program established by the Secretary under subsection (c)(1). + (7) Restoration and protection activity.--The term + ``restoration and protection activity'' means an activity + carried out for the conservation, stewardship, and enhancement + of habitat for fish and wildlife-- + (A) to preserve and improve ecosystems and + ecological processes on which the fish and wildlife + depend; and + (B) for use and enjoyment by the public. + (8) Secretary.--The term ``Secretary'' means the Secretary + of the Interior, acting through the Director of the United + States Fish and Wildlife Service. + (b) Program Establishment.-- + (1) Establishment.--Not later than 180 days after the date + of enactment of this Act, the Secretary shall establish a + nonregulatory program, to be known as the ``Chesapeake + Watershed Investments for Landscape Defense program''. + (2) Purposes.--The purposes of the Chesapeake WILD program + include-- + (A) coordinating restoration and protection + activities among Federal, State, local, and regional + entities and conservation partners throughout the + Chesapeake Bay watershed; + (B) engaging other agencies and organizations to + build a broader range of partner support, capacity, and + potential funding for projects in the Chesapeake Bay + watershed; + (C) carrying out coordinated restoration and + protection activities, and providing for technical + assistance, throughout the Chesapeake Bay watershed-- + (i) to sustain and enhance restoration and + protection activities; + (ii) to improve and maintain water quality + to support fish and wildlife, habitats of fish + and wildlife, and drinking water for people; + (iii) to sustain and enhance water + management for volume and flood damage + mitigation improvements to benefit fish and + wildlife habitat; + (iv) to improve opportunities for public + access and recreation in the Chesapeake Bay + watershed consistent with the ecological needs + of fish and wildlife habitat; + (v) to facilitate strategic planning to + maximize the resilience of natural ecosystems + and habitats under changing watershed + conditions; + (vi) to engage the public through outreach, + education, and citizen involvement to increase + capacity and support for coordinated + restoration and protection activities in the + Chesapeake Bay watershed; + (vii) to sustain and enhance vulnerable + communities and fish and wildlife habitat; + (viii) to conserve and restore fish, + wildlife, and plant corridors; and + (ix) to increase scientific capacity to + support the planning, monitoring, and research + activities necessary to carry out coordinated + restoration and protection activities. + (3) Duties.--In carrying out the Chesapeake WILD program, + the Secretary shall-- + (A) draw on existing plans for the Chesapeake Bay + watershed, or portions of the Chesapeake Bay watershed, + including the Chesapeake Bay agreements, and work in + consultation with applicable management entities, + including Chesapeake Bay program partners, such as the + Federal Government, State and local governments, the + Chesapeake Bay Commission, and other regional + organizations, as appropriate, to identify, prioritize, + and implement restoration and protection activities + within the Chesapeake Bay watershed; + (B) adopt a Chesapeake Bay watershed-wide strategy + that-- + (i) supports the implementation of a shared + set of science-based restoration and protection + activities developed in accordance with + subparagraph (A); and + (ii) targets cost-effective projects with + measurable results; and + (C) establish the grant program in accordance with + subsection (c). + (4) Coordination.--In establishing the Chesapeake WILD + program, the Secretary shall consult, as appropriate, with-- + (A) the heads of Federal agencies, including-- + (i) the Administrator of the Environmental + Protection Agency; + (ii) the Administrator of the National + Oceanic and Atmospheric Administration; + (iii) the Chief of the Natural Resources + Conservation Service; + (iv) the Chief of Engineers; + (v) the Director of the United States + Geological Survey; + (vi) the Secretary of Transportation; + (vii) the Chief of the Forest Service; and + (viii) the head of any other applicable + agency; + (B) the Governors of each of the States of + Delaware, Maryland, New York, Pennsylvania, Virginia, + and West Virginia and the Mayor of the District of + Columbia; + (C) fish and wildlife joint venture partnerships; + and + (D) other public agencies and organizations with + authority for the planning and implementation of + conservation strategies in the Chesapeake Bay + watershed. + (c) Grants and Technical Assistance.-- + (1) Chesapeake wild grant program.--To the extent that + funds are made available to carry out this subsection, the + Secretary shall establish and carry out, as part of the + Chesapeake WILD program, a voluntary grant and technical + assistance program, to be known as the ``Chesapeake Watershed + Investments for Landscape Defense grant program'', to provide + competitive matching grants of varying amounts and technical + assistance to eligible entities described in paragraph (2) to + carry out activities described in subsection (b)(2). + (2) Eligible entities.--The following entities are eligible + to receive a grant and technical assistance under the grant + program: + (A) A State. + (B) The District of Columbia. + (C) A unit of local government. + (D) A nonprofit organization. + (E) An institution of higher education. + (F) Any other entity that the Secretary determines + to be appropriate in accordance with the criteria + established under paragraph (3). + (3) Criteria.--The Secretary, in consultation with + officials and entities described in subsection (b)(4), shall + establish criteria for the grant program to help ensure that + activities funded under this subsection-- + (A) accomplish 1 or more of the purposes described + in subsection (b)(2); and + (B) advance the implementation of priority actions + or needs identified in the Chesapeake Bay watershed- + wide strategy adopted under subsection (b)(3)(B). + (4) Cost sharing.-- + (A) Department of the interior share.--The + Department of the Interior share of the cost of a + project funded under the grant program shall not exceed + 50 percent of the total cost of the project, as + determined by the Secretary. + (B) Non-department of the interior share.-- + (i) In general.--The non-Department of the + Interior share of the cost of a project funded + under the grant program may be provided in cash + or in the form of an in-kind contribution of + services or materials. + (ii) Other federal funding.--Non-Department + of the Interior Federal funds may be used for + not more than 25 percent of the total cost of a + project funded under the grant program. + (5) Administration.--The Secretary may enter into an + agreement to manage the grant program with an organization that + offers grant management services. + (d) Reporting.--Not later than 180 days after the date of enactment +of this Act, and annually thereafter, the Secretary shall submit to +Congress a report describing the implementation of this section, +including a description of each project that has received funding under +this section. + (e) Authorization of Appropriations.-- + (1) In general.--There is authorized to be appropriated to + carry out this section $15,000,000 for each of fiscal years + 2021 through 2025. + (2) Supplement, not supplant.--Funds made available under + paragraph (1) shall supplement, and not supplant, funding for + other activities conducted by the Secretary in the Chesapeake + Bay watershed. + +SEC. 112. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH. + + (a) Definitions.--In this section: + (1) Director.--The term ``Director'' means the Director of + the United States Geological Survey. + (2) Great lakes basin.--The term ``Great Lakes Basin'' + means the air, land, water, and living organisms in the United + States within the drainage basin of the Saint Lawrence River at + and upstream from the point at which such river and the Great + Lakes become the international boundary between Canada and the + United States. + (b) Findings.--Congress finds the following: + (1) The Great Lakes support a diverse ecosystem, on which + the vibrant and economically valuable Great Lakes fisheries + depend. + (2) To continue successful fisheries management and + coordination, as has occurred since signing of the Convention + on Great Lakes Fisheries between the United States and Canada + on September 10, 1954, management of the ecosystem and its + fisheries require sound, reliable science, and the use of + modern scientific technologies. + (3) Fisheries research is necessary to support + multijurisdictional fishery management decisions and actions + regarding recreational and sport fishing, commercial fisheries, + tribal harvest, allocation decisions, and fish stocking + activities. + (4) President Richard Nixon submitted, and Congress + approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring + science activities and management of marine fisheries to the + National Oceanic and Atmospheric Administration. + (5) Reorganization Plan No. 4 expressly excluded fishery + research activities within the Great Lakes from the transfer, + retaining management and scientific research duties within the + already-established jurisdictions under the 1954 Convention on + Great Lakes Fisheries, including those of the Great Lakes + Fishery Commission and the Department of the Interior. + (c) Monitoring, Assessment, Science, and Research.-- + (1) In general.--The Director may conduct monitoring, + assessment, science, and research, in support of the binational + fisheries within the Great Lakes Basin. + (2) Specific authorities.--The Director shall, under + paragraph (1)-- + (A) execute a comprehensive, multi-lake, freshwater + fisheries science program; + (B) coordinate with and work cooperatively with + regional, State, tribal, and local governments; and + (C) consult with other interested entities groups, + including academia and relevant Canadian agencies. + (3) Included research.--To properly serve the needs of + fisheries managers, monitoring, assessment, science, and + research under this section may include-- + (A) deepwater ecosystem sciences; + (B) biological and food-web components; + (C) fish movement and behavior investigations; + (D) fish population structures; + (E) fish habitat investigations; + (F) invasive species science; + (G) use of existing, new, and experimental + biological assessment tools, equipment, vessels, other + scientific instrumentation and laboratory capabilities + necessary to support fishery management decisions; and + (H) studies to assess impacts on Great Lakes + Fishery resources. + (4) Savings clause.--Nothing in this section is intended or + shall be construed to impede, supersede, or alter the authority + of the Great Lakes Fishery Commission, States, and Indian + tribes under the Convention on Great Lakes Fisheries between + the United States of America and Canada on September 10, 1954, + and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et + seq.). + (d) Authorization of Appropriations.--For each of fiscal years 2021 +through 2025, there is authorized to be appropriated $15,000,000 to +carry out this section. + + TITLE II--MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S NEEDS + +SEC. 201. PURPOSE. + + The first section of the Pittman-Robertson Wildlife Restoration Act +(16 U.S.C. 669) is amended by adding at the end the following: ``One of +the purposes of this Act is to provide financial and technical +assistance to the States for the promotion of hunting and recreational +shooting.''. + +SEC. 202. DEFINITIONS. + + Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 +U.S.C. 669a) is amended-- + (1) by redesignating paragraphs (2) through (9) as + paragraphs (4) through (11), respectively; and + (2) by inserting after paragraph (1) the following: + ``(2) for the purposes of determining the number of paid + hunting-license holders in a State, the term `fiscal year' + means the fiscal year or license year of the State; + ``(3) the term `hunter recruitment and recreational shooter + recruitment' means any activity or project to recruit or retain + hunters and recreational shooters, including by-- + ``(A) outreach and communications as a means-- + ``(i) to improve communications with + hunters, recreational shooters, and the general + public with respect to hunting and recreational + shooting opportunities; + ``(ii) to reduce barriers to participation + in these activities; + ``(iii) to advance the adoption of sound + hunting and recreational shooting practices; + ``(iv) to promote conservation and the + responsible use of the wildlife resources of + the United States; and + ``(v) to further safety in hunting and + recreational shooting; + ``(B) providing education, mentoring, and field + demonstrations; + ``(C) enhancing access for hunting and recreational + shooting, including through range construction; and + ``(D) providing education to the public about the + role of hunting and recreational shooting in funding + wildlife conservation;''. + +SEC. 203. APPORTIONMENT OF AVAILABLE AMOUNTS. + + (a) Apportionment of Certain Taxes.--The first subsection (c) of +section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. +669c) is amended-- + (1) by inserting ``Apportionment of Revenues From Pistols, + Revolvers, Bows, and Arrows.--'' after the enumerator; + (2) by striking ``One-half'' and inserting the following: + ``(1) In general.--Subject to paragraph (2), \1/2\''; + (3) by striking ``: Provided, That'' and inserting a + period; + (4) by striking ``each State shall be apportioned not more + than 3 per centum and not less than 1 per centum of such + revenues'' and inserting the following: + ``(2) Condition.--The amount apportioned to each State + under paragraph (1) shall be not greater than 3 percent and not + less than 1 percent of the revenues described in that + paragraph''; + (5) in paragraph (2) (as so designated), by striking ``one- + sixth of 1 per centum of such revenues'' and inserting ``\1/6\ + of 1 percent of those revenues''; + (6) by striking ``For the purpose'' and inserting the + following: + ``(3) Population determination.--For the purpose''; and + (7) by adding at the end the following: + ``(4) Use of funds.--In addition to other uses authorized + under this Act, amounts apportioned under this subsection may + be used for hunter recruitment and recreational shooter + recruitment.''. + (b) Technical Corrections.--Section 4 of the Pittman-Robertson +Wildlife Restoration Act (16 U.S.C. 669c) is amended-- + (1) by redesignating the second subsection (c) and + subsection (d) as subsections (d) and (e), respectively; and + (2) in subsection (e) (as so redesignated), in paragraph + (3), by striking ``subsection (c)'' and inserting ``subsection + (d)''. + +SEC. 204. EXPENDITURES FOR MANAGEMENT OF WILDLIFE AREAS AND RESOURCES. + + Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 +U.S.C. 669g) is amended-- + (1) in subsection (a), in the third sentence, by striking + ``and public relations''; and + (2) in subsection (b)(1), by striking ``, as a part of such + program''. + +SEC. 205. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS. + + Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration +Act (16 U.S.C. 669h-1(a)(1)(A)) is amended-- + (1) in clause (iii), by striking ``and'' at the end; and + (2) by adding at the end the following: + ``(v) the enhancement of hunter recruitment + and recreational shooter recruitment; and''. + +SEC. 206. MULTISTATE CONSERVATION GRANT PROGRAM. + + (a) In General.--Section 11 of the Pittman-Robertson Wildlife +Restoration Act (16 U.S.C. 669h-2) is amended-- + (1) in subsection (a)(1)-- + (A) by striking ``Not more than'' and inserting the + following: + ``(A) In general.--Not more than''; and + (B) by adding at the end the following: + ``(B) Availability for hunter and recreational + shooter grants.--Not more than $5,000,000 of the + revenues covered into the fund from any tax imposed + under section 4161(b) of the Internal Revenue Code of + 1986 for a fiscal year shall be available to the + Secretary exclusively for making hunter recruitment and + recreational shooter recruitment grants that promote a + national hunting and shooting sport recruitment + program, including related communication and outreach + activities.''; + (2) in subsection (b)(3), in the matter preceding + subparagraph (A), by striking ``International''; + (3) in subsection (c)(2)(A)-- + (A) in the matter preceding clause (i), by striking + ``International''; and + (B) in clause (i), by inserting ``or to + recreational shooting activities'' after ``wildlife''; + and + (4) in subsection (d), by inserting ``or to recreational + shooting activities'' after ``wildlife''. + (b) Study.--Not later than 10 years after the date of enactment of +this Act, the Secretary of the Interior, acting through the Director of +the United States Fish and Wildlife Service, shall-- + (1) review and evaluate the effects of the funds made + available under subparagraph (B) of section 11(a)(1) of the + Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h- + 2(a)(1)) on funds available for wildlife conservation; and + (2) submit a report describing the results of the review + and evaluation under paragraph (1) to-- + (A) the Committee on Environment and Public Works + of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + + TITLE III--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS + +SEC. 301. PURPOSE. + + The purpose of this title is to encourage partnerships among public +agencies and other interested persons to promote fish conservation-- + (1) to achieve measurable habitat conservation results + through strategic actions of Fish Habitat Partnerships that + lead to better fish habitat conditions and increased fishing + opportunities by-- + (A) improving ecological conditions; + (B) restoring natural processes; or + (C) preventing the decline of intact and healthy + systems; + (2) to establish a consensus set of national conservation + strategies as a framework to guide future actions and + investment by Fish Habitat Partnerships; + (3) to broaden the community of support for fish habitat + conservation by-- + (A) increasing fishing opportunities; + (B) fostering the participation of local + communities, especially young people in local + communities, in conservation activities; and + (C) raising public awareness of the role healthy + fish habitat play in the quality of life and economic + well-being of local communities; + (4) to fill gaps in the National Fish Habitat Assessment + and the associated database of the National Fish Habitat + Assessment-- + (A) to empower strategic conservation actions + supported by broadly available scientific information; + and + (B) to integrate socioeconomic data in the analysis + to improve the lives of humans in a manner consistent + with fish habitat conservation goals; and + (5) to communicate to the public and conservation + partners-- + (A) the conservation outcomes produced collectively + by Fish Habitat Partnerships; and + (B) new opportunities and voluntary approaches for + conserving fish habitat. + +SEC. 302. DEFINITIONS. + + In this title: + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Commerce, Science, and + Transportation and the Committee on Environment and + Public Works of the Senate; and + (B) the Committee on Natural Resources of the House + of Representatives. + (2) Board.--The term ``Board'' means the National Fish + Habitat Board established by section 303. + (3) Director.--The term ``Director'' means the Director of + the United States Fish and Wildlife Service. + (4) Environmental protection agency assistant + administrator.--The term ``Environmental Protection Agency + Assistant Administrator'' means the Assistant Administrator for + Water of the Environmental Protection Agency. + (5) Indian tribe.--The term ``Indian Tribe'' has the + meaning given to the term ``Indian tribe'' in section 4 of the + Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304). + (6) National oceanic and atmospheric administration + assistant administrator.--The term ``National Oceanic and + Atmospheric Administration Assistant Administrator'' means the + Assistant Administrator for Fisheries of the National Oceanic + and Atmospheric Administration. + (7) Partnership.--The term ``Partnership'' means an entity + designated by Congress as a Fish Habitat Partnership under + section 304. + (8) Real property interest.--The term ``real property + interest'' means an ownership interest in-- + (A) land; or + (B) water (including water rights). + (9) Marine fisheries commissions.--The term ``Marine + Fisheries Commissions'' means-- + (A) the Atlantic States Marine Fisheries + Commission; + (B) the Gulf States Marine Fisheries Commission; + and + (C) the Pacific States Marine Commission. + (10) Secretary.--The term ``Secretary'' means the Secretary + of the Interior. + (11) State.--The term ``State'' means each of the several + States, Puerto Rico, American Samoa, Guam, the Northern Mariana + Islands, the United States Virgin Islands, and the District of + Columbia. + (12) State agency.--The term ``State agency'' means-- + (A) the fish and wildlife agency of a State; and + (B) any department or division of a department or + agency of a State that manages in the public trust the + inland or marine fishery resources of the State or + sustains the habitat for those fishery resources + pursuant to State law or the constitution of the State. + +SEC. 303. NATIONAL FISH HABITAT BOARD. + + (a) Establishment.-- + (1) Fish habitat board.--There is established a board, to + be known as the ``National Fish Habitat Board'', whose duties + are-- + (A) to promote, oversee, and coordinate the + implementation of this title; + (B) to establish national goals and priorities for + fish habitat conservation; + (C) to recommend to Congress entities for + designation as Partnerships; and + (D) to review and make recommendations regarding + fish habitat conservation projects. + (2) Membership.--The Board shall be composed of 26 members, + of whom-- + (A) one shall be a representative of the Department + of the Interior; + (B) one shall be a representative of the United + States Geological Survey; + (C) one shall be a representative of the Department + of Commerce; + (D) one shall be a representative of the Department + of Agriculture; + (E) one shall be a representative of the + Association of Fish and Wildlife Agencies; + (F) four shall be representatives of State + agencies, one of whom shall be nominated by a regional + association of fish and wildlife agencies from each of + the Northeast, Southeast, Midwest, and Western regions + of the United States; + (G) two shall be representatives of either-- + (i) Indian Tribes in the State of Alaska; + or + (ii) Indian Tribes in States other than the + State of Alaska; + (H) one shall be a representative of either-- + (i) the Regional Fishery Management + Councils established under section 302 of the + Magnuson-Stevens Fishery Conservation and + Management Act (16 U.S.C. 1852); or + (ii) a representative of the Marine + Fisheries Commissions; + (I) one shall be a representative of the + Sportfishing and Boating Partnership Council; + (J) seven shall be representatives selected from at + least one from each of the following: + (i) the recreational sportfishing industry; + (ii) the commercial fishing industry; + (iii) marine recreational anglers; + (iv) freshwater recreational anglers; + (v) habitat conservation organizations; and + (vi) science-based fishery organizations; + (K) one shall be a representative of a national + private landowner organization; + (L) one shall be a representative of an + agricultural production organization; + (M) one shall be a representative of local + government interests involved in fish habitat + restoration; + (N) two shall be representatives from different + sectors of corporate industries, which may include-- + (i) natural resource commodity interests, + such as petroleum or mineral extraction; + (ii) natural resource user industries; and + (iii) industries with an interest in fish + and fish habitat conservation; and + (O) one shall be a leadership private sector or + landowner representative of an active partnership. + (3) Compensation.--A member of the Board shall serve + without compensation. + (4) Travel expenses.--A member of the Board may be allowed + travel expenses, including per diem in lieu of subsistence, at + rates authorized for an employee of an agency under subchapter + I of chapter 57 of title 5, United States Code, while away from + the home or regular place of business of the member in the + performance of the duties of the Board. + (b) Appointment and Terms.-- + (1) In general.--Except as otherwise provided in this + section, a member of the Board described in any of + subparagraphs (F) through (O) of subsection (a)(2) shall serve + for a term of 3 years. + (2) Initial board membership.-- + (A) In general.--The initial Board shall consist of + representatives as described in subparagraphs (A) + through (F) of subsection (a)(2). + (B) Remaining members.--Not later than 60 days + after the date of enactment of this Act, the + representatives of the initial Board under subparagraph + (A) shall appoint the remaining members of the Board + described in subparagraphs (H) through (O) of + subsection (a)(2). + (C) Tribal representatives.--Not later than 60 days + after the enactment of this Act, the Secretary shall + provide to the Board a recommendation of not fewer than + three Tribal representatives, from which the Board + shall appoint one representative pursuant to + subparagraph (G) of subsection (a)(2). + (3) Staggered terms.--Of the members described in + subsection (a)(2)(J) initially appointed to the Board-- + (A) two shall be appointed for a term of 1 year; + (B) two shall be appointed for a term of 2 years; + and + (C) three shall be appointed for a term of 3 years. + (4) Vacancies.-- + (A) In general.--A vacancy of a member of the Board + described in subparagraph (H), (I), (J), (K), (L), (M), + (N), or (O) of subsection (a)(2) shall be filled by an + appointment made by the remaining members of the Board. + (B) Tribal representatives.--Following a vacancy of + a member of the Board described in subparagraph (G) of + subsection (a)(2), the Secretary shall recommend to the + Board a list of not fewer than three Tribal + representatives, from which the remaining members of + the Board shall appoint a representative to fill the + vacancy. + (5) Continuation of service.--An individual whose term of + service as a member of the Board expires may continue to serve + on the Board until a successor is appointed. + (6) Removal.--If a member of the Board described in any of + subparagraphs (H) through (O) of subparagraph (a)(2) misses + three consecutive regularly scheduled Board meetings, the + members of the Board may-- + (A) vote to remove that member; and + (B) appoint another individual in accordance with + paragraph (4). + (c) Chairperson.-- + (1) In general.--The representative of the Association of + Fish and Wildlife Agencies appointed under subsection (a)(2)(E) + shall serve as Chairperson of the Board. + (2) Term.--The Chairperson of the Board shall serve for a + term of 3 years. + (d) Meetings.-- + (1) In general.--The Board shall meet-- + (A) at the call of the Chairperson; but + (B) not less frequently than twice each calendar + year. + (2) Public access.--All meetings of the Board shall be open + to the public. + (e) Procedures.-- + (1) In general.--The Board shall establish procedures to + carry out the business of the Board, including-- + (A) a requirement that a quorum of the members of + the Board be present to transact business; + (B) a requirement that no recommendations may be + adopted by the Board, except by the vote of two-thirds + of all members; + (C) procedures for establishing national goals and + priorities for fish habitat conservation for the + purposes of this title; + (D) procedures for designating Partnerships under + section 304; and + (E) procedures for reviewing, evaluating, and + making recommendations regarding fish habitat + conservation projects. + (2) Quorum.--A majority of the members of the Board shall + constitute a quorum. + +SEC. 304. FISH HABITAT PARTNERSHIPS. + + (a) Authority To Recommend.--The Board may recommend to Congress +the designation of Fish Habitat Partnerships in accordance with this +section. + (b) Purposes.--The purposes of a Partnership shall be-- + (1) to work with other regional habitat conservation + programs to promote cooperation and coordination to enhance + fish populations and fish habitats; + (2) to engage local and regional communities to build + support for fish habitat conservation; + (3) to involve diverse groups of public and private + partners; + (4) to develop collaboratively a strategic vision and + achievable implementation plan that is scientifically sound; + (5) to leverage funding from sources that support local and + regional partnerships; + (6) to use adaptive management principles, including + evaluation of project success and functionality; + (7) to develop appropriate local or regional habitat + evaluation and assessment measures and criteria that are + compatible with national habitat condition measures; and + (8) to implement local and regional priority projects that + improve conditions for fish and fish habitat. + (c) Criteria for Designation.--An entity seeking to be designated +by Congress as a Partnership shall-- + (1) submit to the Board an application at such time, in + such manner, and containing such information as the Board may + reasonably require; and + (2) demonstrate to the Board that the entity has-- + (A) a focus on promoting the health of important + fish and fish habitats; + (B) an ability to coordinate the implementation of + priority projects that support the goals and national + priorities set by the Board that are within the + Partnership boundary; + (C) a self-governance structure that supports the + implementation of strategic priorities for fish + habitat; + (D) the ability to develop local and regional + relationships with a broad range of entities to further + strategic priorities for fish and fish habitat; + (E) a strategic plan that details required + investments for fish habitat conservation that + addresses the strategic fish habitat priorities of the + Partnership and supports and meets the strategic + priorities of the Board; + (F) the ability to develop and implement fish + habitat conservation projects that address strategic + priorities of the Partnership and the Board; and + (G) the ability to develop fish habitat + conservation priorities based on sound science and + data, the ability to measure the effectiveness of fish + habitat projects of the Partnership, and a clear plan + as to how Partnership science and data components will + be integrated with the overall Board science and data + effort. + (d) Requirements for Recommendation to Congress.--The Board may +recommend to Congress for designation an application for a Partnership +submitted under subsection (c) if the Board determines that the +applicant-- + (1) meets the criteria described in subsection (c)(2); + (2) identifies representatives to provide support and + technical assistance to the Partnership from a diverse group of + public and private partners, which may include State or local + governments, nonprofit entities, Indian Tribes, and private + individuals, that are focused on conservation of fish habitats + to achieve results across jurisdictional boundaries on public + and private land; + (3) is organized to promote the health of important fish + species and important fish habitats, including reservoirs, + natural lakes, coastal and marine environments, coral reefs, + and estuaries; + (4) identifies strategic fish and fish habitat priorities + for the Partnership area in the form of geographical focus + areas or key stressors or impairments to facilitate strategic + planning and decision making; + (5) is able to address issues and priorities on a + nationally significant scale; + (6) includes a governance structure that-- + (A) reflects the range of all partners; and + (B) promotes joint strategic planning and decision + making by the applicant; + (7) demonstrates completion of, or significant progress + toward the development of, a strategic plan to address declines + in fish populations, rather than simply treating symptoms, in + accordance with the goals and national priorities established + by the Board; and + (8) promotes collaboration in developing a strategic vision + and implementation program that is scientifically sound and + achievable. + (e) Report to Congress.-- + (1) In general.--Not later than February 1 of the first + fiscal year beginning after the date of enactment of this Act + and each February 1 thereafter, the Board shall develop and + submit to the appropriate congressional committees an annual + report, to be entitled ``Report to Congress on Future Fish + Habitat Partnerships and Modifications'', that-- + (A) identifies each entity that-- + (i) meets the requirements described in + subsection (d); and + (ii) the Board recommends to Congress for + designation as a Partnership; + (B) describes any proposed modifications to a + Partnership previously designated by Congress under + subsection (f); and + (C) with respect to each entity recommended for + designation as a Partnership, describes, to the maximum + extent practicable-- + (i) the purpose of the recommended + Partnership; and + (ii) how the recommended Partnership + fulfills the requirements described in + subsection (d). + (2) Public availability; notification.--The Board shall-- + (A) make the report publicly available, including + on the internet; and + (B) provide to the appropriate congressional + committees and the State agency of any State included + in a recommended Partnership area written notification + of the public availability of the report. + (f) Designation or Modification of Partnership.--Congress shall +have the exclusive authority to designate or modify a Partnership. + (g) Existing Partnerships.-- + (1) Designation review.--Not later than 5 years after the + date of enactment of this Act, any partnership receiving + Federal funds as of the date of enactment of this Act shall be + subject to a designation review by Congress in which Congress + shall have the opportunity to designate the partnership under + subsection (f). + (2) Ineligibility for federal funds.--A partnership + referred to in paragraph (1) that Congress does not designate + as described in that paragraph shall be ineligible to receive + Federal funds under this title. + +SEC. 305. FISH HABITAT CONSERVATION PROJECTS. + + (a) Submission to Board.--Not later than March 31 of each year, +each Partnership shall submit to the Board a list of priority fish +habitat conservation projects recommended by the Partnership for annual +funding under this title. + (b) Recommendations by Board.--Not later than July 1 of each year, +the Board shall submit to the Secretary a priority list of fish habitat +conservation projects that includes a description, including estimated +costs, of each project that the Board recommends that the Secretary +approve and fund under this title for the following fiscal year. + (c) Criteria for Project Selection.--The Board shall select each +fish habitat conservation project recommended to the Secretary under +subsection (b) after taking into consideration, at a minimum, the +following information: + (1) A recommendation of the Partnership that is, or will + be, participating actively in implementing the fish habitat + conservation project. + (2) The capabilities and experience of project proponents + to implement successfully the proposed project. + (3) The extent to which the fish habitat conservation + project-- + (A) fulfills a local or regional priority that is + directly linked to the strategic plan of the + Partnership and is consistent with the purpose of this + title; + (B) addresses the national priorities established + by the Board; + (C) is supported by the findings of the habitat + assessment of the Partnership or the Board, and aligns + or is compatible with other conservation plans; + (D) identifies appropriate monitoring and + evaluation measures and criteria that are compatible + with national measures; + (E) provides a well-defined budget linked to + deliverables and outcomes; + (F) leverages other funds to implement the project; + (G) addresses the causes and processes behind the + decline of fish or fish habitats; and + (H) includes an outreach or education component + that includes the local or regional community. + (4) The availability of sufficient non-Federal funds to + match Federal contributions for the fish habitat conservation + project, as required by subsection (e). + (5) The extent to which the fish habitat conservation + project-- + (A) will increase fish populations in a manner that + leads to recreational fishing opportunities for the + public; + (B) will be carried out through a cooperative + agreement among Federal, State, and local governments, + Indian Tribes, and private entities; + (C) increases public access to land or water for + fish and wildlife-dependent recreational opportunities; + (D) advances the conservation of fish and wildlife + species that have been identified by a State agency as + species of greatest conservation need; + (E) where appropriate, advances the conservation of + fish and fish habitats under the Magnuson-Stevens + Fishery Conservation and Management Act (16 U.S.C. 1801 + et seq.) and other relevant Federal law and State + wildlife action plans; and + (F) promotes strong and healthy fish habitats so + that desired biological communities are able to persist + and adapt. + (6) The substantiality of the character and design of the + fish habitat conservation project. + (d) Limitations.-- + (1) Requirements for evaluation.--No fish habitat + conservation project may be recommended by the Board under + subsection (b) or provided financial assistance under this + title unless the fish habitat conservation project includes an + evaluation plan designed using applicable Board guidance-- + (A) to appropriately assess the biological, + ecological, or other results of the habitat protection, + restoration, or enhancement activities carried out + using the assistance; + (B) to reflect appropriate changes to the fish + habitat conservation project if the assessment + substantiates that the fish habitat conservation + project objectives are not being met; + (C) to identify improvements to existing fish + populations, recreational fishing opportunities, and + the overall economic benefits for the local community + of the fish habitat conservation project; and + (D) to require the submission to the Board of a + report describing the findings of the assessment. + (2) Acquisition authorities.-- + (A) In general.--A State, local government, or + other non-Federal entity is eligible to receive funds + for the acquisition of real property from willing + sellers under this title if the acquisition ensures-- + (i) public access for fish and wildlife- + dependent recreation; or + (ii) a scientifically based, direct + enhancement to the health of fish and fish + populations, as determined by the Board. + (B) State agency approval.-- + (i) In general.--All real property interest + acquisition projects funded under this title + must be approved by the State agency in the + State in which the project is occurring. + (ii) Prohibition.--The Board may not + recommend, and the Secretary may not provide + any funding for, any real property interest + acquisition that has not been approved by the + State agency. + (C) Assessment of other authorities.--The Board may + not recommend, and the Secretary may not provide any + funding under this title for, any real property + interest acquisition unless the Partnership that + recommended the project has conducted a project + assessment, submitted with the funding request and + approved by the Board, to demonstrate all other + Federal, State, and local authorities for the + acquisition of real property have been exhausted. + (D) Restrictions.--A real property interest may not + be acquired pursuant to a fish habitat conservation + project by a State, local government, or other non- + Federal entity conducted with funds provided under this + title, unless-- + (i) the owner of the real property + authorizes the State, local government, or + other non-Federal entity to acquire the real + property; and + (ii) the Secretary and the Board determine + that the State, local government, or other non- + Federal entity would benefit from undertaking + the management of the real property being + acquired because that is in accordance with the + goals of a Partnership. + (e) Non-Federal Contributions.-- + (1) In general.--Except as provided in paragraphs (2) and + (4), no fish habitat conservation project may be recommended by + the Board under subsection (b) or provided financial assistance + under this title unless at least 50 percent of the cost of the + fish habitat conservation project will be funded with non- + Federal funds. + (2) Non-federal share.--Such non-Federal share of the cost + of a fish habitat conservation project-- + (A) may not be derived from another Federal grant + program; and + (B) may include in-kind contributions and cash. + (3) Special rule for indian tribes.--Notwithstanding + paragraph (1) or any other provision of law, any funds made + available to an Indian Tribe pursuant to this title may be + considered to be non-Federal funds for the purpose of paragraph + (1). + (4) Waiver authority.--The Secretary, in consultation with + the Secretary of Commerce with respect to marine or estuarine + projects, may waive the application of paragraph (2)(A) with + respect to a State or an Indian Tribe, or otherwise reduce the + portion of the non-Federal share of the cost of an activity + required to be paid by a State or an Indian Tribe under + paragraph (1), if the Secretary determines that the State or + Indian Tribe does not have sufficient funds not derived from + another Federal grant program to pay such non-Federal share, or + portion of the non-Federal share, without the use of loans. + (f) Approval.-- + (1) In general.--Not later than 90 days after the date of + receipt of the recommended priority list of fish habitat + conservation projects under subsection (b), and subject to + subsection (d) and based, to the maximum extent practicable, on + the criteria described in subsection (c), the Secretary, after + consulting with the Secretary of Commerce on marine or + estuarine projects, shall approve or reject any fish habitat + conservation project recommended by the Board. + (2) Funding.--If the Secretary approves a fish habitat + conservation project under paragraph (1), the Secretary shall + use amounts made available to carry out this title to provide + funds to carry out the fish habitat conservation project. + (3) Notification.--If the Secretary rejects under paragraph + (1) any fish habitat conservation project recommended by the + Board, not later than 90 days after the date of receipt of the + recommendation, the Secretary shall provide to the Board, the + appropriate Partnership, and the appropriate congressional + committees a written statement of the reasons that the + Secretary rejected the fish habitat conservation project. + +SEC. 306. TECHNICAL AND SCIENTIFIC ASSISTANCE. + + (a) In General.--The Director, the National Oceanic and Atmospheric +Administration Assistant Administrator, the Environmental Protection +Agency Assistant Administrator, and the Director of the United States +Geological Survey, in coordination with the Forest Service and other +appropriate Federal departments and agencies, may provide scientific +and technical assistance to Partnerships, participants in fish habitat +conservation projects, and the Board. + (b) Inclusions.--Scientific and technical assistance provided under +subsection (a) may include-- + (1) providing technical and scientific assistance to + States, Indian Tribes, regions, local communities, and + nongovernmental organizations in the development and + implementation of Partnerships; + (2) providing technical and scientific assistance to + Partnerships for habitat assessment, strategic planning, and + prioritization; + (3) supporting the development and implementation of fish + habitat conservation projects that are identified as high + priorities by Partnerships and the Board; + (4) supporting and providing recommendations regarding the + development of science-based monitoring and assessment + approaches for implementation through Partnerships; + (5) supporting and providing recommendations for a national + fish habitat assessment; + (6) ensuring the availability of experts to assist in + conducting scientifically based evaluation and reporting of the + results of fish habitat conservation projects; and + (7) providing resources to secure State agency scientific + and technical assistance to support Partnerships, participants + in fish habitat conservation projects, and the Board. + +SEC. 307. COORDINATION WITH STATES AND INDIAN TRIBES. + + The Secretary shall provide a notice to, and cooperate with, the +appropriate State agency or Tribal agency, as applicable, of each State +and Indian Tribe within the boundaries of which an activity is planned +to be carried out pursuant to this title, including notification, by +not later than 30 days before the date on which the activity is +implemented. + +SEC. 308. INTERAGENCY OPERATIONAL PLAN. + + Not later than 1 year after the date of enactment of this Act, and +every 5 years thereafter, the Director, in cooperation with the +National Oceanic and Atmospheric Administration Assistant +Administrator, the Environmental Protection Agency Assistant +Administrator, the Director of the United States Geological Survey, and +the heads of other appropriate Federal departments and agencies +(including, at a minimum, those agencies represented on the Board) +shall develop an interagency operational plan that describes-- + (1) the functional, operational, technical, scientific, and + general staff, administrative, and material needs for the + implementation of this title; and + (2) any interagency agreements between or among Federal + departments and agencies to address those needs. + +SEC. 309. ACCOUNTABILITY AND REPORTING. + + (a) Reporting.-- + (1) In general.--Not later than 5 years after the date of + enactment of this Act, and every 5 years thereafter, the Board + shall submit to the appropriate congressional committees a + report describing the progress of this title. + (2) Contents.--Each report submitted under paragraph (1) + shall include-- + (A) an estimate of the number of acres, stream + miles, or acre-feet, or other suitable measures of fish + habitat, that was maintained or improved by + Partnerships under this title during the 5-year period + ending on the date of submission of the report; + (B) a description of the public access to fish + habitats established or improved under this title + during that 5-year period; + (C) a description of the improved opportunities for + public recreational fishing achieved under this title; + and + (D) an assessment of the status of fish habitat + conservation projects carried out with funds provided + under this title during that period, disaggregated by + year, including-- + (i) a description of the fish habitat + conservation projects recommended by the Board + under section 305(b); + (ii) a description of each fish habitat + conservation project approved by the Secretary + under section 305(f), in order of priority for + funding; + (iii) a justification for-- + (I) the approval of each fish + habitat conservation project; and + (II) the order of priority for + funding of each fish habitat + conservation project; + (iv) a justification for any rejection of a + fish habitat conservation project recommended + by the Board under section 305(b) that was + based on a factor other than the criteria + described in section 305(c); and + (v) an accounting of expenditures by + Federal, State, or local governments, Indian + Tribes, or other entities to carry out fish + habitat conservation projects under this title. + (b) Status and Trends Report.--Not later than December 31, 2020, +and every 5 years thereafter, the Board shall submit to the appropriate +congressional committees a report that includes-- + (1) a status of all Partnerships designated under this + title; + (2) a description of the status of fish habitats in the + United States as identified by designated Partnerships; and + (3) enhancements or reductions in public access as a result + of-- + (A) the activities of the Partnerships; or + (B) any other activities carried out pursuant to + this title. + +SEC. 310. EFFECT OF THIS TITLE. + + (a) Water Rights.--Nothing in this title-- + (1) establishes any express or implied reserved water right + in the United States for any purpose; + (2) affects any water right in existence on the date of + enactment of this Act; + (3) preempts or affects any State water law or interstate + compact governing water; or + (4) affects any Federal or State law in existence on the + date of enactment of the Act regarding water quality or water + quantity. + (b) Authority To Acquire Water Rights or Rights to Property.--Only +a State, local government, or other non-Federal entity may acquire, +under State law, water rights or rights to property with funds made +available through section 312. + (c) State Authority.--Nothing in this title-- + (1) affects the authority, jurisdiction, or responsibility + of a State to manage, control, or regulate fish and wildlife + under the laws and regulations of the State; or + (2) authorizes the Secretary to control or regulate within + a State the fishing or hunting of fish and wildlife. + (d) Effect on Indian Tribes.--Nothing in this title abrogates, +abridges, affects, modifies, supersedes, or alters any right of an +Indian Tribe recognized by treaty or any other means, including-- + (1) an agreement between the Indian Tribe and the United + States; + (2) Federal law (including regulations); + (3) an Executive order; or + (4) a judicial decree. + (e) Adjudication of Water Rights.--Nothing in this title diminishes +or affects the ability of the Secretary to join an adjudication of +rights to the use of water pursuant to subsection (a), (b), or (c) of +section 308 of the Departments of State, Justice, Commerce, and The +Judiciary Appropriation Act, 1953 (43 U.S.C. 666). + (f) Department of Commerce Authority.--Nothing in this title +affects the authority, jurisdiction, or responsibility of the +Department of Commerce to manage, control, or regulate fish or fish +habitats under the Magnuson-Stevens Fishery Conservation and Management +Act (16 U.S.C. 1801 et seq.). + (g) Effect on Other Authorities.-- + (1) Private property protection.--Nothing in this title + permits the use of funds made available to carry out this title + to acquire real property or a real property interest without + the written consent of each owner of the real property or real + property interest, respectively. + (2) Mitigation.--Nothing in this title authorizes the use + of funds made available to carry out this title for fish and + wildlife mitigation purposes under-- + (A) the Federal Water Pollution Control Act (33 + U.S.C. 1251 et seq.); + (B) the Fish and Wildlife Coordination Act (16 + U.S.C. 661 et seq.); + (C) the Water Resources Development Act of 1986 + (Public Law 99-662; 100 Stat. 4082); or + (D) any other Federal law or court settlement. + (3) Clean water act.--Nothing in this title affects any + provision of the Federal Water Pollution Control Act (33 U.S.C. + 1251 et seq.), including any definition in that Act. + +SEC. 311. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. + + The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply +to-- + (1) the Board; or + (2) any Partnership. + +SEC. 312. FUNDING. + + (a) Authorization of Appropriations.-- + (1) Fish habitat conservation projects.--There is + authorized to be appropriated to the Secretary $7,200,000 for + each of fiscal years 2019 through 2023 to provide funds for + fish habitat conservation projects approved under section + 305(f), of which 5 percent is authorized only for projects + carried out by Indian Tribes. + (2) Administrative and planning expenses.--There is + authorized to be appropriated to the Secretary for each of + fiscal years 2019 through 2023 an amount equal to 5 percent of + the amount appropriated for the applicable fiscal year pursuant + to paragraph (1)-- + (A) for administrative and planning expenses under + this title; and + (B) to carry out section 309. + (3) Technical and scientific assistance.--There is + authorized to be appropriated for each of fiscal years 2020 + through 2024 to carry out, and provide technical and scientific + assistance under, section 306-- + (A) $400,000 to the Secretary for use by the United + States Fish and Wildlife Service; + (B) $400,000 to the National Oceanic and + Atmospheric Administration Assistant Administrator for + use by the National Oceanic and Atmospheric + Administration; + (C) $400,000 to the Environmental Protection Agency + Assistant Administrator for use by the Environmental + Protection Agency; + (D) $400,000 to the Secretary for use by the United + States Geological Survey; and + (E) $400,000 to the Chief of the Forest Service for + use by the United States Department of Agriculture + Forest Service. + (b) Agreements and Grants.--The Secretary may-- + (1) on the recommendation of the Board, and notwithstanding + sections 6304 and 6305 of title 31, United States Code, and the + Federal Financial Assistance Management Improvement Act of 1999 + (31 U.S.C. 6101 note; Public Law 106-107), enter into a grant + agreement, cooperative agreement, or contract with a + Partnership or other entity to provide funds authorized by this + title for a fish habitat conservation project or restoration or + enhancement project; + (2) apply for, accept, and, subject to the availability of + appropriations, use a grant from any individual or entity to + carry out the purposes of this title; and + (3) subject to the availability of appropriations, make + funds authorized by this Act available to any Federal + department or agency for use by that department or agency to + provide grants for any fish habitat protection project, + restoration project, or enhancement project that the Secretary + determines to be consistent with this title. + (c) Donations.-- + (1) In general.--The Secretary may-- + (A) enter into an agreement with any organization + described in section 501(c)(3) of the Internal Revenue + Code of 1986 that is exempt from taxation under section + 501(a) of that Code to solicit private donations to + carry out the purposes of this title; and + (B) accept donations of funds, property, and + services to carry out the purposes of this title. + (2) Treatment.--A donation accepted under this title-- + (A) shall be considered to be a gift or bequest to, + or otherwise for the use of, the United States; and + (B) may be-- + (i) used directly by the Secretary; or + (ii) provided to another Federal department + or agency through an interagency agreement. + +SEC. 313. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY + FEDERAL AGENCIES THROUGH PARTNERSHIPS. + + Any Partnership designated under this title-- + (1) shall be for the sole purpose of promoting fish + conservation; and + (2) shall not be used to implement any regulatory authority + of any Federal agency. + + TITLE IV--MISCELLANEOUS + +SEC. 401. SENSE OF THE SENATE REGARDING CONSERVATION AGREEMENTS AND + ACTIVITIES. + + It is the sense of the Senate that-- + (1) voluntary conservation agreements benefit species and + the habitats on which the species rely; + (2) States, Indian Tribes, units of local government, + landowners, and other stakeholders should be encouraged to + participate in voluntary conservation agreements; and + (3) the Secretary of the Interior, acting through the + Director of the United States Fish and Wildlife Service, and + the Secretary of Commerce, acting through the Assistant + Administrator of the National Marine Fisheries Service, should + consider the enrollment in, and performance of, conservation + agreements and investment in, and implementation of, general + conservation activities by States, Indian Tribes, units of + local government, landowners, and other stakeholders in making + determinations under the Endangered Species Act of 1973 (16 + U.S.C. 1531 et seq.). + +SEC. 402. STUDY TO REVIEW CONSERVATION FACTORS. + + (a) Definition of Secretaries.--In this section, the term +``Secretaries'' means-- + (1) the Secretary of Agriculture; + (2) the Secretary of Commerce, acting through the Assistant + Administrator of the National Marine Fisheries Service; and + (3) the Secretary of the Interior, acting through the + Director of the United States Fish and Wildlife Service. + (b) Study.--To assess factors affecting successful conservation +activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et +seq.), the Secretaries shall carry out a study-- + (1) to review any factors that threaten or endanger a + species for which a listing under the Endangered Species Act of + 1973 (16 U.S.C. 1531 et seq.) would not lead to a sustainable + population of the species; + (2) to review any barriers to-- + (A) the delivery of Federal, State, local, or + private funds for such conservation activities, + including statutory or regulatory impediments, staffing + needs, and other relevant considerations; or + (B) the implementation of conservation agreements, + plans, or other cooperative agreements, including + agreements focused on voluntary activities, + multispecies efforts, and other relevant + considerations; + (3) to review factors that impact the ability of the + Federal Government to successfully implement the Endangered + Species Act of 1973 (16 U.S.C. 1531 et seq.); + (4) to develop recommendations regarding methods to address + barriers identified under paragraph (2), if any; and + (5) to review determinations under the Endangered Species + Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is + determined to be recovered by the Secretary of the Interior, + acting through the Director of the United States Fish and + Wildlife Service, or the Secretary of Commerce, acting through + the Assistant Administrator of the National Marine Fisheries + Service, but remains listed under that Act, including-- + (A) an explanation of the factors preventing a + delisting or downlisting of the species; and + (B) recommendations regarding methods to address + the factors described in subparagraph (A). + (c) Report.--Not later than 1 year after the date of enactment of +this Act, the Secretaries shall submit to the Committees on +Appropriations and Environment and Public Works of the Senate and the +Committees on Appropriations and Natural Resources of the House of +Representatives and make publicly available a report describing the +results of the study under subsection (b). + +SEC. 403. STUDY AND REPORT ON EXPENDITURES. + + (a) Reports on Expenditures.-- + (1) Federal departments and agencies.-- + (A) In general.--At the determination of the + Comptroller General of the United States (referred to + in this section as the ``Comptroller General''), to + facilitate the preparation of the reports from the + Comptroller General under paragraph (2), the head of + each Federal department and agency shall submit to the + Comptroller General data and other relevant information + that describes the amounts expended or disbursed + (including through loans, loan guarantees, grants, or + any other financing mechanism) by the department or + agency as a direct result of any provision of the + Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) + (including any regulation promulgated pursuant to that + Act) during-- + (i) with respect to the first report under + paragraph (2), the 3 fiscal years preceding the + date of submission of the report; and + (ii) with respect to the second report + under paragraph (2), the 2 fiscal years + preceding the date of submission of the report. + (B) Requirements.--Data and other relevant + information submitted under subparagraph (A) shall + describe, with respect to the applicable amounts-- + (i) the programmatic office of the + department or agency on behalf of which each + amount was expended or disbursed; + (ii) the provision of the Endangered + Species Act of 1973 (16 U.S.C. 1531 et seq.) + (or regulation promulgated pursuant to that + Act) pursuant to which each amount was expended + or disbursed; and + (iii) the project or activity carried out + using each amount, in detail sufficient to + reflect the breadth, scope, and purpose of the + project or activity. + (2) Comptroller general.--Not later than 2 years and 4 + years after the date of enactment of this Act, the Comptroller + General shall submit to the Committees on Appropriations, + Commerce, Science, and Transportation, and Environment and + Public Works of the Senate and the Committee on Appropriations + and Natural Resources of the House of Representatives a report + that describes-- + (A) the aggregate amount expended or disbursed by + all Federal departments and agencies as a direct result + of any provision of the Endangered Species Act of 1973 + (16 U.S.C. 1531 et seq.) (including any regulation + promulgated pursuant to that Act) during-- + (i) with respect to the first report, the 3 + fiscal years preceding the date of submission + of the report; and + (ii) with respect to the second report, the + 2 fiscal years preceding the date of submission + of the report; + (B) the provision of the Endangered Species Act of + 1973 (16 U.S.C. 1531 et seq.) (or regulation + promulgated pursuant to that Act) pursuant to which + each such amount was expended or disbursed; and + (C) with respect to each relevant department or + agency-- + (i) the total amount expended or disbursed + by the department or agency as described in + subparagraph (A); and + (ii) the information described in clauses + (i) through (iii) of paragraph (1)(B). + (b) Report on Conservation Activities.-- + (1) Federal departments and agencies.--At the determination + of the Comptroller General, to facilitate the preparation of + the report under paragraph (2), the head of each Federal + department and agency shall submit to the Comptroller General + data and other relevant information that describes the + conservation activities by the Federal department or agency as + a direct result of any provision of the Endangered Species Act + of 1973 (16 U.S.C. 1531 et seq.) (including any regulation + promulgated pursuant to that Act) during-- + (A) with respect to the first report under + paragraph (2), the 3 fiscal years preceding the date of + submission of the report; and + (B) with respect to the second report under + paragraph (2), the 2 fiscal years preceding the date of + submission of the report. + (2) Comptroller general.--Not later than 2 years and 4 + years after the date of enactment of this Act, the Comptroller + General shall submit to the Committees on Commerce, Science, + and Transportation and Environment and Public Works of the + Senate and the Committee on Natural Resources of the House of + Representatives a report that-- + (A) describes the conservation activities by all + Federal departments and agencies for species listed as + a threatened species or endangered species under the + Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.), as reported under paragraph (1), during-- + (i) with respect to the first report, the 3 + fiscal years preceding the date of submission + of the report; and + (ii) with respect to the second report, the + 2 fiscal years preceding the date of submission + of the report; + (B) is organized into categories with respect to + whether a recovery plan for a species has been + established; + (C) includes conservation outcomes associated with + the conservation activities; and + (D) as applicable, describes the conservation + activities that required interaction between Federal + agencies and between Federal agencies and State and + Tribal agencies and units of local government pursuant + to the Endangered Species Act of 1973 (16 U.S.C. 1531 + et seq.). + +SEC. 404. USE OF VALUE OF LAND FOR COST SHARING. + + The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et +seq.) is amended-- + (1) by redesignating section 13 as section 14; and + (2) by inserting after section 12 the following: + +``SEC. 13. VALUE OF LAND. + + ``Notwithstanding any other provision of law, any institution +eligible to receive Federal funds under the Agricultural Research, +Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) +shall be allowed to use the value of any land owned by the institution +as an in-kind match to satisfy any cost sharing requirement under this +Act.''. + \ No newline at end of file From 4d654ab51a191c347a0bef87c6f530d311b4be55 Mon Sep 17 00:00:00 2001 From: "Sen. Barrasso, John [R-WY]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 906/984] Senate-3051: Engrossed in Senate --- bills_text/Senate-3051.txt | 805 ++++++++++++++----------------------- 1 file changed, 300 insertions(+), 505 deletions(-) diff --git a/bills_text/Senate-3051.txt b/bills_text/Senate-3051.txt index 63fb5aa..a815dc0 100644 --- a/bills_text/Senate-3051.txt +++ b/bills_text/Senate-3051.txt @@ -1,24 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 3051 - To improve protections for wildlife, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - December 12, 2019 - - Mr. Barrasso (for himself and Mr. Carper) introduced the following -bill; which was read twice and referred to the Committee on Environment - and Public Works - -_______________________________________________________________________ - - A BILL + AN ACT @@ -43,7 +29,7 @@ Sec. 102. Losses of livestock due to depredation by federally protected species. Sec. 103. Depredation permits for black vultures and common ravens. Sec. 104. Chronic Wasting Disease Task Force. -Sec. 105. Fish and Wildlife Coordination Act. +Sec. 105. Invasive species. Sec. 106. North American Wetlands Conservation Act. Sec. 107. National Fish and Wildlife Foundation Establishment Act. Sec. 108. Modification of definition of sport fishing equipment under @@ -51,38 +37,27 @@ Sec. 108. Modification of definition of sport fishing equipment under Sec. 109. Reauthorization of Chesapeake Bay Program. Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998. Sec. 111. Chesapeake watershed investments for landscape defense. -Sec. 112. Great Lakes monitoring, assessment, science, and research. - TITLE II--MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S NEEDS + TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS Sec. 201. Purpose. Sec. 202. Definitions. -Sec. 203. Apportionment of available amounts. -Sec. 204. Expenditures for management of wildlife areas and resources. -Sec. 205. Firearm and bow hunter education and safety program grants. -Sec. 206. Multistate conservation grant program. - TITLE III--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS - -Sec. 301. Purpose. -Sec. 302. Definitions. -Sec. 303. National Fish Habitat Board. -Sec. 304. Fish Habitat Partnerships. -Sec. 305. Fish Habitat Conservation Projects. -Sec. 306. Technical and scientific assistance. -Sec. 307. Coordination with States and Indian Tribes. -Sec. 308. Interagency Operational Plan. -Sec. 309. Accountability and reporting. -Sec. 310. Effect of this title. -Sec. 311. Nonapplicability of Federal Advisory Committee Act. -Sec. 312. Funding. -Sec. 313. Prohibition against implementation of regulatory authority by +Sec. 203. National Fish Habitat Board. +Sec. 204. Fish Habitat Partnerships. +Sec. 205. Fish Habitat Conservation Projects. +Sec. 206. Technical and scientific assistance. +Sec. 207. Coordination with States and Indian Tribes. +Sec. 208. Interagency Operational Plan. +Sec. 209. Accountability and reporting. +Sec. 210. Effect of this title. +Sec. 211. Nonapplicability of Federal Advisory Committee Act. +Sec. 212. Funding. +Sec. 213. Prohibition against implementation of regulatory authority by Federal agencies through Partnerships. - TITLE IV--MISCELLANEOUS + TITLE III--MISCELLANEOUS -Sec. 401. Sense of the Senate regarding conservation agreements and - activities. -Sec. 402. Study to review conservation factors. -Sec. 403. Study and report on expenditures. -Sec. 404. Use of value of land for cost sharing. +Sec. 301. Study to review conservation factors. +Sec. 302. Study and report on expenditures. +Sec. 303. Use of value of land for cost sharing. TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION @@ -92,16 +67,12 @@ SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-PREDATOR (a) In General.--Section 7001(d) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 742b note; Public Law 116-9) is amended-- - (1) in paragraphs (2)(C)(v), (3)(C)(v), (4)(C)(v), - (5)(C)(v), and (6)(C)(v), by striking ``paragraph (7)(A)'' each - place it appears and inserting ``paragraph (8)(A)''; - (2) in paragraphs (2)(D)(ii), (2)(F)(ii), (3)(D)(ii), - (3)(F)(ii), (4)(D)(ii), (4)(F)(ii), (5)(D)(ii), (5)(F)(ii), - (6)(D)(ii), and (6)(F)(ii) by striking ``paragraph (7)(B)'' - each place it appears and inserting ``paragraph (8)(B)''; - (3) in paragraph (6)(C)(iv), in the matter preceding clause - (i), by striking ``subparagraph (C)'' and inserting ``clause - (iii)''; + (1) by striking ``paragraph (7)(A)'' each place such term + appears and inserting ``paragraph (8)(A)''; + (2) by striking ``paragraph (7)(B)'' each place such term + appears and inserting ``paragraph (8)(B)''; + (3) in paragraph (6)(C)(iv), by striking ``subparagraph + (C)'' and inserting ``clause (iii)''; (4) by redesignating paragraph (7) as paragraph (8); (5) by inserting after paragraph (6) the following: ``(7) Theodore roosevelt genius prize for reducing human- @@ -231,15 +202,16 @@ Public Law 116-9) is amended-- determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. - ``(F) Consultation with noaa.--The Secretary shall + ``(F) Consultation with national oceanic and + atmospheric administration.--The Secretary shall consult with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, in the case of a cash prize awarded under the prize competition for a technology - that addresses conflict between marine predators under - the jurisdiction of the Secretary of Commerce, acting - through the Administrator of the National Oceanic and - Atmospheric Administration, and humans. + that addresses conflict between humans and marine + predators under the jurisdiction of the Secretary of + Commerce, acting through the Administrator of the + National Oceanic and Atmospheric Administration. ``(G) Report to congress.--Not later than 60 days after the date on which a cash prize is awarded under this paragraph, the Secretary shall submit to the @@ -265,14 +237,13 @@ Public Law 116-9) is amended-- ``(H) Termination of authority.--The Board and all authority provided under this paragraph shall terminate on December 31, 2023.''; and - (6) in paragraph (8) (as so redesignated)-- - (A) in subparagraph (A), in the matter preceding - clause (i), by striking ``or (6)(C)(i)'' and inserting - ``(6)(C)(i), or (7)(C)(i)''; and + (6) in paragraph (8) (as redesignated)-- + (A) in subparagraph (A), by striking ``or + (6)(C)(i)'' and inserting ``(6)(C)(i), or (7)(C)(i)''; + and (B) in subparagraph (B)-- - (i) in the matter preceding clause (i), by - striking ``or (6)(D)(i)'' and inserting - ``(6)(D)(i), or (7)(D)(i)''; and + (i) by striking ``or (6)(D)(i)'' and + inserting ``(6)(D)(i), or (7)(D)(i)''; and (ii) in clause (i)(VII), by striking ``and (6)(E)'' and inserting ``(6)(E), and (7)(E)''. (b) Sense of Congress.--It is the sense of Congress that data @@ -309,9 +280,10 @@ SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY PROTECTED 1531 et seq.); or (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.). - (3) 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). + (3) Indian tribe.--The term ``Indian Tribe'' has the + meaning given to the term ``Indian tribe'' in section 4 of the + Indian Self-Determination and Education Assistance Act (25 + U.S.C. 5304). (4) Livestock.-- (A) In general.--The term ``livestock'' means horses, mules and asses, rabbits, llamas, cattle, @@ -333,10 +305,10 @@ SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY PROTECTED (b) Grant Program for Losses of Livestock Due to Depredation by Federally Protected Species.-- (1) In general.--The Secretaries shall establish a program - to provide grants to States and Indian tribes to supplement - amounts provided by States, Indian tribes, or State agencies + to provide grants to States and Indian Tribes to supplement + amounts provided by States, Indian Tribes, or State agencies under 1 or more programs established by the States and Indian - tribes (including programs established after the date of + Tribes (including programs established after the date of enactment of this Act)-- (A) to assist livestock producers in carrying out-- (i) proactive and nonlethal activities to @@ -347,7 +319,7 @@ Federally Protected Species.-- within the applicable State; or (II) land owned by, or held in trust for the benefit of, the - applicable Indian tribe; and + applicable Indian Tribe; and (ii) research relating to the activities described in clause (i); and (B) to compensate livestock producers for livestock @@ -356,10 +328,10 @@ Federally Protected Species.-- (i) Federal, State, or private land within the applicable State; or (ii) land owned by, or held in trust for - the benefit of, the applicable Indian tribe. + the benefit of, the applicable Indian Tribe. (2) Allocation of funding.-- (A) Reports to the secretaries.--Not later than - September 30 of each year, a State or Indian tribe + September 30 of each year, a State or Indian Tribe desiring to receive a grant under the program shall submit to the Secretaries a report describing, for the 1-year period ending on that September 30, the losses @@ -368,17 +340,17 @@ Federally Protected Species.-- (i) Federal, State, or private land within the applicable State; or (ii) land owned by, or held in trust for - the benefit of, the applicable Indian tribe. + the benefit of, the applicable Indian Tribe. (B) Allocation.--The Secretaries shall allocate available funding to carry out this Act among States - and Indian tribes for a 1-year period ending on + and Indian Tribes for a 1-year period ending on September 30 based on the losses described in the reports submitted for the previous 1-year period ending on September 30 under subparagraph (A). (3) Eligibility.--To be eligible to receive a grant under - paragraph (1), a State or Indian tribe shall-- + paragraph (1), a State or Indian Tribe shall-- (A) designate an appropriate agency of the State or - Indian tribe to administer the 1 or more programs + Indian Tribe to administer the 1 or more programs supplemented by the grant funds; (B) establish 1 or more accounts to receive grant funds; @@ -396,8 +368,8 @@ Federally Protected Species.-- may require to assist the Secretaries in determining the effectiveness of assisted activities under this section. - (c) Sense of the Senate.--It is the sense of the Senate that-- - (1) no State or Indian tribe is required to participate in + (c) Sense of Congress.--It is the sense of Congress that-- + (1) no State or Indian Tribe is required to participate in the program; and (2) the program supplements, and does not replace or supplant, any State compensation programs for depredation. @@ -430,20 +402,31 @@ common ravens pursuant to the permit. SEC. 104. CHRONIC WASTING DISEASE TASK FORCE. - (a) Definition of Chronic Wasting Disease.--In this section, the -term ``chronic wasting disease'' means the animal disease afflicting -deer, elk, and moose populations that-- - (1) is a transmissible disease of the nervous system - resulting in distinctive lesions in the brain; and - (2) belongs to the group of diseases known as transmissible - spongiform encephalopathies, which group includes scrapie, - bovine spongiform encephalopathy, and Creutzfeldt-Jakob - disease. + (a) Definitions.--In this section: + (1) Cervid.--The term ``cervid'' means any species within + the family Cervidae. + (2) Chronic wasting disease.--The term ``chronic wasting + disease'' means the animal disease afflicting deer, elk, and + moose populations that-- + (A) is a transmissible disease of the nervous + system resulting in distinctive lesions in the brain; + and + (B) belongs to the group of diseases known as + transmissible spongiform encephalopathies, which group + includes scrapie, bovine spongiform encephalopathy, and + Creutzfeldt-Jakob disease. + (3) Secretaries.--The term ``Secretaries'' means the + Secretary of Agriculture, acting through the Administrator of + the Animal and Plant Health Inspection Service, and the + Secretary of the Interior, acting through the Director of the + United States Geological Survey and the Director of the United + States Fish and Wildlife Service, acting jointly. (b) Establishment.-- - (1) In general.--There is established within the United - States Fish and Wildlife Service a task force, to be known as - the ``Chronic Wasting Disease Task Force'' (referred to in this - subsection as the ``Task Force''). + (1) In general.--The Secretaries shall establish within the + United States Fish and Wildlife Service a task force, to be + known as the ``Chronic Wasting Disease Task Force'' (referred + to in this subsection as the ``Task Force'') after the + completion of the study required by subsection (c). (2) Duties.--The Task Force shall-- (A) collaborate with foreign governments to share research, coordinate efforts, and discuss best @@ -468,18 +451,14 @@ deer, elk, and moose populations that-- the borders of the United States; and (iv) any other area where containment or management efforts relating to chronic wasting - disease may differ across jurisdictions; - (C) draw from existing and future academic and - management recommendations to develop an interstate - action plan under which States and the Federal - Government agree to enact consistent management, - educational, and research practices relating to chronic - wasting disease; and - (D) facilitate the creation of a cooperative - agreement by which States and relevant Federal agencies - agree to commit funds to implement best practices - described in the interstate action plan developed under - subparagraph (C). + disease may differ across jurisdictions; and + (C) develop, from the recommendations developed + under subparagraph (B), an action plan that gives + States, the Federal Government, Indian Tribes, and the + farmed cervid industry specific recommendations to + ensure consistent and coordinated management and + focused, prioritized research to stop the spread of and + mitigate the impacts of chronic wasting disease. (3) Membership.-- (A) In general.--The Task Force shall be composed of-- @@ -495,7 +474,7 @@ deer, elk, and moose populations that-- wasting disease, to be appointed by the Secretary of Agriculture-- (I) 1 of whom shall have expertise - in research; and + in cervid health research; and (II) 1 of whom shall have expertise in wildlife management; (iv) in the case of each State in which @@ -524,22 +503,23 @@ deer, elk, and moose populations that-- representatives, to be nominated by the Governor of the State; (vi) not more than 2 representatives from - an Indian tribe or tribal organization chosen + an Indian Tribe or Tribal organization chosen in a process determined, in consultation with - Indian tribes, by the Secretary for each of - clauses (iv) and (v); and + Indian Tribes, by the Secretary; and (vii) not more than 5 nongovernmental members with relevant expertise appointed, after the date on which the members are first - appointed under clauses (i) through (v), by a + appointed under clauses (i) through (vi), by a majority vote of the State representatives appointed under clause (iv). (B) Effect.--Nothing in this paragraph requires a State to participate in the Task Force. (4) Co-chairs.--The Co-Chairs of the Task Force shall be-- (A) the Federal representative described in - paragraph (3)(A)(i); and - (B) 1 State representative appointed under + paragraph (3)(A)(i); + (B) 1 of the Federal representatives described in + paragraph (3)(A)(iii); and + (C) 1 State representative appointed under paragraph (3)(A)(iv), to be selected by a majority vote of those State representatives. (5) Date of initial appointment.-- @@ -550,8 +530,10 @@ deer, elk, and moose populations that-- (B) Notification.--On appointment of the members of the Task Force, the Co-Chairs of the Task Force shall notify the Chairs and Ranking Members of the Committees - on Environment and Public Works of the Senate and - Natural Resources of the House of Representatives. + on Environment and Public Works and Agriculture, + Nutrition, and Forestry of the Senate and Natural + Resources and Agriculture of the House of + Representatives. (6) Vacancies.--Any vacancy in the members appointed to the Task Force-- (A) shall not affect the power or duty of the Task @@ -568,42 +550,42 @@ deer, elk, and moose populations that-- (A) In general.--Not later than 1 year after the date on which the members of the Task Force are appointed, the Task Force shall submit to the - Secretary, and the heads of the State agencies with + Secretaries, and the heads of the State agencies with jurisdiction over wildlife disease and farmed cervid regulation of each State with a representative on the Task Force, the interstate action plan developed by the Task Force under paragraph (2)(C). (B) Cooperative agreements.-- (i) In general.--To the maximum extent - practicable, the Secretary, any other + practicable, the Secretaries, any other applicable Federal agency, and each applicable - State shall enter into a cooperative agreement - to fund necessary actions under the interstate + State may enter into a cooperative agreement to + fund necessary actions under the interstate action plan submitted under subparagraph (A). - (ii) Target date.--The Secretary shall make - the best effort of the Secretary to enter into - any cooperative agreement under clause (i) not - later than 180 days after the date of - submission of the interstate action plan under - subparagraph (A). + (ii) Target date.--The Secretaries shall + make the best effort of the Secretaries to + enter into any cooperative agreement under + clause (i) not later than 180 days after the + date of submission of the interstate action + plan under subparagraph (A). (C) Matching funds.-- (i) In general.--Subject to clause (ii), - for each fiscal year, the Federal Government - shall provide funds to carry out an interstate - action plan through a cooperative agreement - under subparagraph (B) in the amount of funds + for each fiscal year, the Secretaries may + provide funds to carry out an interstate action + plan through a cooperative agreement under + subparagraph (B) in the amount of funds provided by the applicable States. (ii) Limitation.--The amount provided by - the Federal Government under clause (i) for a - fiscal year shall be not greater than - $5,000,000. + the United States Fish and Wildlife Service + under clause (i) for a fiscal year shall be not + greater than $5,000,000. (9) Reports.--Not later than September 30 of the first full fiscal year after the date on which the first members of the Task Force are appointed, and each September 30 thereafter, the - Task Force shall submit to the Secretary, and the heads of the - State agencies with jurisdiction over wildlife disease and - farmed cervid regulation of each State with a representative on - the Task Force, a report describing-- + Task Force shall submit to the Secretaries, and the heads of + the State agencies with jurisdiction over wildlife disease and + farmed cervid regulation of each State with a representatives + on the Task Force, a report describing-- (A) progress on the implementation of actions identified in the interstate action plan submitted under paragraph (8)(A), including the efficacy of @@ -621,17 +603,8 @@ deer, elk, and moose populations that-- (E) any other relevant information. (c) Chronic Wasting Disease Transmission in Cervidae Resource Study.-- - (1) Definitions.--In this subsection: - (A) Academy.--The term ``Academy'' means the - National Academy of Sciences. - (B) Cervid.--The term ``cervid'' means any species - within the family Cervidae. - (C) Secretaries.--The term ``Secretaries'' means - the Secretary of Agriculture, acting through the - Administrator of the Animal and Plant Health Inspection - Service, and the Secretary of the Interior, acting - through the Director of the United States Geological - Survey, acting jointly. + (1) Definition of academy.--In this subsection, the term + ``Academy'' means the National Academy of Sciences. (2) Study.-- (A) In general.--The Secretaries shall enter into an arrangement with the Academy under which the Academy @@ -644,16 +617,17 @@ Study.-- (B) Requirements.--The arrangement under subparagraph (A) shall provide that the actual expenses incurred by the Academy in conducting the study under - subparagraph (A) shall be paid by the Secretaries. + subparagraph (A) shall be paid by the Secretaries, + subject to the availability of appropriations. (3) Contents of the study.--The study under paragraph (2) shall-- (A) with respect to wild, captive, and farmed populations of cervids in the United States, identify-- - (i)(I) the pathways and mechanisms for the - transmission of chronic wasting disease within - live cervid populations and cervid products, - which may include pathways and mechanisms for - transmission from Canada; + (i)(I) to the extent possible, the pathways + and mechanisms for the transmission of chronic + wasting disease within live cervid populations + and cervid products, which may include pathways + and mechanisms for transmission from Canada; (II) the infection rates for each pathway and mechanism identified under subclause (I); and @@ -671,45 +645,72 @@ Study.-- (iii) significant gaps in current scientific knowledge regarding the transmission pathways and mechanisms identified under clause - (i)(I); and + (i)(I) and potential prevention, detection, and + control methods identified under clause (v); (iv) for prioritization the scientific research projects that will address the - knowledge gaps identified under clause (iii); - and - (B) review and compare science-based best + knowledge gaps identified under clause (iii), + based on the likelihood that a project will + contribute significantly to the prevention or + control of chronic wasting disease; and + (v) potential prevention, detection, or + control measures, practices, or technologies to + be used to mitigate the transmission and spread + of chronic wasting disease in wild, captive, + and farmed populations of cervids in the United + States; + (B) assess the effectiveness of the potential + prevention, detection, or control measures, practices, + or technologies identified under subparagraph (A)(v); + and + (C) review and compare science-based best practices, standards, and guidance regarding the - management of chronic wasting disease in wild, captive, - and farmed populations of cervids in the United States - that have been developed by-- + prevention, detection, and management of chronic + wasting disease in wild, captive, and farmed + populations of cervids in the United States that have + been developed by-- (i) the National Chronic Wasting Disease Herd Certification Program of the Animal and Plant Health Inspection Service; - (ii) the United States Geological Survey; - and - (iii) State wildlife and agricultural + (ii) the National Wildlife Research Center + of the Animal and Plant Health Inspection + Service; + (iii) the United States Geological Survey; + (iv) State wildlife and agricultural agencies, in the case of practices, standards, and guidance that provide practical, science- based recommendations to State and Federal agencies for minimizing or eliminating the risk of transmission of chronic wasting disease in - the United States. + the United States; and + (v) industry or academia, in the case of + any published guidance on practices that + provide practical, science-based + recommendations to cervid producers for + minimizing or eliminating the risk of + transmission of chronic wasting disease within + or between herds. (4) Deadline.--The study under paragraph (2) shall be completed not later than 180 days after the date on which funds are first made available for the study. (5) Data sharing.--The Secretaries shall share with the - entity conducting the study under paragraph (2) data and access - to databases on chronic wasting disease under the jurisdiction + Academy, as necessary to conduct the study under paragraph (2), + subject to the avoidance of a violation of a privacy or + confidentiality requirement and the protection of confidential + or privileged commercial, financial, or proprietary + information, data and access to databases and research + information on chronic wasting disease under the jurisdiction of-- - (A) the Veterinary Services Program of the Animal - and Plant Health Inspection Service; and + (A) the Animal and Plant Health Inspection Service; + and (B) the United States Geological Survey. - (6) Report.--On completion of the study, the Secretaries - shall submit to the Committee on Agriculture, Nutrition, and - Forestry, the Committee on Energy and Natural Resources, and - the Committee on Environment and Public Works of the Senate and - the Committee on Agriculture and the Committee on Natural - Resources of the House of Representatives a report that - describes-- + (6) Report.--Not later than 60 days after the date of + completion of the study, the Secretaries shall submit to the + Committee on Agriculture, Nutrition, and Forestry, the + Committee on Energy and Natural Resources, and the Committee on + Environment and Public Works of the Senate and the Committee on + Agriculture and the Committee on Natural Resources of the House + of Representatives a report that describes-- (A) the findings of the study; and (B) any conclusions and recommendations that the Secretaries determine to be appropriate. @@ -728,7 +729,7 @@ appropriated to carry out this section-- Plant Health Inspection Service, to carry out activities to fund research under subsection (c). -SEC. 105. FISH AND WILDLIFE COORDINATION ACT. +SEC. 105. INVASIVE SPECIES. Section 10 of the Fish and Wildlife Coordination Act (16 U.S.C. 666c-1) is amended-- @@ -751,9 +752,7 @@ appropriated to carry out this section for each of fiscal years 2021 through 2025-- ``(1) $2,500,000 to the Secretary of the Army, acting through the Chief of Engineers; and - ``(2) $2,500,000 to the Secretary of the Interior, acting - through the Director of the United States Fish and Wildlife - Service.''. + ``(2) $2,500,000 to the Secretary of the Interior.''. SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT. @@ -951,34 +950,37 @@ inserting ``exclusive'' before ``authority''. SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER TOXIC SUBSTANCES CONTROL ACT. - Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. -2602(2)(B)) is amended-- - (1) in clause (v), by striking ``and'' at the end; - (2) in clause (vi) by striking the period at the end and - inserting ``, and''; and - (3) by inserting after clause (vi) the following: - ``(vii) any sport fishing equipment (as such term is - defined in section 4162(a) of the Internal Revenue Code of - 1986) the sale of which is subject to the tax imposed by - section 4161(a) of such Code (determined without regard to any - exemptions from such tax provided by section 4162 or 4221 or - any other provision of such Code), and sport fishing equipment - components.''. + (a) Prohibition.--During the 5-year period beginning on the date of +enactment of this Act, the Administrator of the Environmental +Protection Agency shall not take any action to regulate the lead +content of sport fishing equipment or sport fishing equipment +components under the Toxic Substances Control Act (15 U.S.C. 2601 et +seq.). + (b) Definition of Sport Fishing Equipment.--In this section, the +term ``sport fishing equipment'' means any sport fishing equipment (as +such term is defined in section 4162(a) of the Internal Revenue Code of +1986) the sale of which is subject to the tax imposed by section +4161(a) of such Code (determined without regard to any exemptions from +such tax provided by section 4162 or 4221 or any other provision of +such Code). SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is amended by striking subsection (j) and inserting the following: - ``(j) Authorization of Appropriations.--There is authorized to be -appropriated to carry out this section $90,000,000 for each of fiscal -years 2021 through 2025.''. + ``(j) Authorization of Appropriations.--There are authorized to be +appropriated to carry out this section-- + ``(1) for fiscal year 2021, $90,000,000; + ``(2) for fiscal year 2022, $90,500,000; + ``(3) for fiscal year 2023, $91,000,000; + ``(4) for fiscal year 2024, $91,500,000; and + ``(5) for fiscal year 2025, $92,000,000.''. SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998. Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public -Law 105-312; 112 Stat. 2963; 129 Stat. 2579; 132 Stat. 691) is amended -by striking ``2019'' and inserting ``2025''. +Law 105-312) is amended by striking ``2019'' and inserting ``2025''. SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE. @@ -1033,7 +1035,7 @@ SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE. nonregulatory program, to be known as the ``Chesapeake Watershed Investments for Landscape Defense program''. (2) Purposes.--The purposes of the Chesapeake WILD program - include-- + are-- (A) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the @@ -1140,7 +1142,9 @@ SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE. (B) The District of Columbia. (C) A unit of local government. (D) A nonprofit organization. - (E) An institution of higher education. + (E) An institution of higher education as such term + is defined in section 101(a) of the Higher Education + Act of 1965 (20 U.S.C. 1001(a)). (F) Any other entity that the Secretary determines to be appropriate in accordance with the criteria established under paragraph (3). @@ -1186,227 +1190,10 @@ this section. other activities conducted by the Secretary in the Chesapeake Bay watershed. -SEC. 112. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH. - - (a) Definitions.--In this section: - (1) Director.--The term ``Director'' means the Director of - the United States Geological Survey. - (2) Great lakes basin.--The term ``Great Lakes Basin'' - means the air, land, water, and living organisms in the United - States within the drainage basin of the Saint Lawrence River at - and upstream from the point at which such river and the Great - Lakes become the international boundary between Canada and the - United States. - (b) Findings.--Congress finds the following: - (1) The Great Lakes support a diverse ecosystem, on which - the vibrant and economically valuable Great Lakes fisheries - depend. - (2) To continue successful fisheries management and - coordination, as has occurred since signing of the Convention - on Great Lakes Fisheries between the United States and Canada - on September 10, 1954, management of the ecosystem and its - fisheries require sound, reliable science, and the use of - modern scientific technologies. - (3) Fisheries research is necessary to support - multijurisdictional fishery management decisions and actions - regarding recreational and sport fishing, commercial fisheries, - tribal harvest, allocation decisions, and fish stocking - activities. - (4) President Richard Nixon submitted, and Congress - approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring - science activities and management of marine fisheries to the - National Oceanic and Atmospheric Administration. - (5) Reorganization Plan No. 4 expressly excluded fishery - research activities within the Great Lakes from the transfer, - retaining management and scientific research duties within the - already-established jurisdictions under the 1954 Convention on - Great Lakes Fisheries, including those of the Great Lakes - Fishery Commission and the Department of the Interior. - (c) Monitoring, Assessment, Science, and Research.-- - (1) In general.--The Director may conduct monitoring, - assessment, science, and research, in support of the binational - fisheries within the Great Lakes Basin. - (2) Specific authorities.--The Director shall, under - paragraph (1)-- - (A) execute a comprehensive, multi-lake, freshwater - fisheries science program; - (B) coordinate with and work cooperatively with - regional, State, tribal, and local governments; and - (C) consult with other interested entities groups, - including academia and relevant Canadian agencies. - (3) Included research.--To properly serve the needs of - fisheries managers, monitoring, assessment, science, and - research under this section may include-- - (A) deepwater ecosystem sciences; - (B) biological and food-web components; - (C) fish movement and behavior investigations; - (D) fish population structures; - (E) fish habitat investigations; - (F) invasive species science; - (G) use of existing, new, and experimental - biological assessment tools, equipment, vessels, other - scientific instrumentation and laboratory capabilities - necessary to support fishery management decisions; and - (H) studies to assess impacts on Great Lakes - Fishery resources. - (4) Savings clause.--Nothing in this section is intended or - shall be construed to impede, supersede, or alter the authority - of the Great Lakes Fishery Commission, States, and Indian - tribes under the Convention on Great Lakes Fisheries between - the United States of America and Canada on September 10, 1954, - and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et - seq.). - (d) Authorization of Appropriations.--For each of fiscal years 2021 -through 2025, there is authorized to be appropriated $15,000,000 to -carry out this section. - - TITLE II--MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S NEEDS + TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS SEC. 201. PURPOSE. - The first section of the Pittman-Robertson Wildlife Restoration Act -(16 U.S.C. 669) is amended by adding at the end the following: ``One of -the purposes of this Act is to provide financial and technical -assistance to the States for the promotion of hunting and recreational -shooting.''. - -SEC. 202. DEFINITIONS. - - Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 -U.S.C. 669a) is amended-- - (1) by redesignating paragraphs (2) through (9) as - paragraphs (4) through (11), respectively; and - (2) by inserting after paragraph (1) the following: - ``(2) for the purposes of determining the number of paid - hunting-license holders in a State, the term `fiscal year' - means the fiscal year or license year of the State; - ``(3) the term `hunter recruitment and recreational shooter - recruitment' means any activity or project to recruit or retain - hunters and recreational shooters, including by-- - ``(A) outreach and communications as a means-- - ``(i) to improve communications with - hunters, recreational shooters, and the general - public with respect to hunting and recreational - shooting opportunities; - ``(ii) to reduce barriers to participation - in these activities; - ``(iii) to advance the adoption of sound - hunting and recreational shooting practices; - ``(iv) to promote conservation and the - responsible use of the wildlife resources of - the United States; and - ``(v) to further safety in hunting and - recreational shooting; - ``(B) providing education, mentoring, and field - demonstrations; - ``(C) enhancing access for hunting and recreational - shooting, including through range construction; and - ``(D) providing education to the public about the - role of hunting and recreational shooting in funding - wildlife conservation;''. - -SEC. 203. APPORTIONMENT OF AVAILABLE AMOUNTS. - - (a) Apportionment of Certain Taxes.--The first subsection (c) of -section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. -669c) is amended-- - (1) by inserting ``Apportionment of Revenues From Pistols, - Revolvers, Bows, and Arrows.--'' after the enumerator; - (2) by striking ``One-half'' and inserting the following: - ``(1) In general.--Subject to paragraph (2), \1/2\''; - (3) by striking ``: Provided, That'' and inserting a - period; - (4) by striking ``each State shall be apportioned not more - than 3 per centum and not less than 1 per centum of such - revenues'' and inserting the following: - ``(2) Condition.--The amount apportioned to each State - under paragraph (1) shall be not greater than 3 percent and not - less than 1 percent of the revenues described in that - paragraph''; - (5) in paragraph (2) (as so designated), by striking ``one- - sixth of 1 per centum of such revenues'' and inserting ``\1/6\ - of 1 percent of those revenues''; - (6) by striking ``For the purpose'' and inserting the - following: - ``(3) Population determination.--For the purpose''; and - (7) by adding at the end the following: - ``(4) Use of funds.--In addition to other uses authorized - under this Act, amounts apportioned under this subsection may - be used for hunter recruitment and recreational shooter - recruitment.''. - (b) Technical Corrections.--Section 4 of the Pittman-Robertson -Wildlife Restoration Act (16 U.S.C. 669c) is amended-- - (1) by redesignating the second subsection (c) and - subsection (d) as subsections (d) and (e), respectively; and - (2) in subsection (e) (as so redesignated), in paragraph - (3), by striking ``subsection (c)'' and inserting ``subsection - (d)''. - -SEC. 204. EXPENDITURES FOR MANAGEMENT OF WILDLIFE AREAS AND RESOURCES. - - Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 -U.S.C. 669g) is amended-- - (1) in subsection (a), in the third sentence, by striking - ``and public relations''; and - (2) in subsection (b)(1), by striking ``, as a part of such - program''. - -SEC. 205. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS. - - Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration -Act (16 U.S.C. 669h-1(a)(1)(A)) is amended-- - (1) in clause (iii), by striking ``and'' at the end; and - (2) by adding at the end the following: - ``(v) the enhancement of hunter recruitment - and recreational shooter recruitment; and''. - -SEC. 206. MULTISTATE CONSERVATION GRANT PROGRAM. - - (a) In General.--Section 11 of the Pittman-Robertson Wildlife -Restoration Act (16 U.S.C. 669h-2) is amended-- - (1) in subsection (a)(1)-- - (A) by striking ``Not more than'' and inserting the - following: - ``(A) In general.--Not more than''; and - (B) by adding at the end the following: - ``(B) Availability for hunter and recreational - shooter grants.--Not more than $5,000,000 of the - revenues covered into the fund from any tax imposed - under section 4161(b) of the Internal Revenue Code of - 1986 for a fiscal year shall be available to the - Secretary exclusively for making hunter recruitment and - recreational shooter recruitment grants that promote a - national hunting and shooting sport recruitment - program, including related communication and outreach - activities.''; - (2) in subsection (b)(3), in the matter preceding - subparagraph (A), by striking ``International''; - (3) in subsection (c)(2)(A)-- - (A) in the matter preceding clause (i), by striking - ``International''; and - (B) in clause (i), by inserting ``or to - recreational shooting activities'' after ``wildlife''; - and - (4) in subsection (d), by inserting ``or to recreational - shooting activities'' after ``wildlife''. - (b) Study.--Not later than 10 years after the date of enactment of -this Act, the Secretary of the Interior, acting through the Director of -the United States Fish and Wildlife Service, shall-- - (1) review and evaluate the effects of the funds made - available under subparagraph (B) of section 11(a)(1) of the - Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h- - 2(a)(1)) on funds available for wildlife conservation; and - (2) submit a report describing the results of the review - and evaluation under paragraph (1) to-- - (A) the Committee on Environment and Public Works - of the Senate; and - (B) the Committee on Natural Resources of the House - of Representatives. - - TITLE III--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS - -SEC. 301. PURPOSE. - The purpose of this title is to encourage partnerships among public agencies and other interested persons to promote fish conservation-- (1) to achieve measurable habitat conservation results @@ -1445,7 +1232,7 @@ agencies and other interested persons to promote fish conservation-- (B) new opportunities and voluntary approaches for conserving fish habitat. -SEC. 302. DEFINITIONS. +SEC. 202. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term @@ -1456,7 +1243,7 @@ SEC. 302. DEFINITIONS. (B) the Committee on Natural Resources of the House of Representatives. (2) Board.--The term ``Board'' means the National Fish - Habitat Board established by section 303. + Habitat Board established by section 203. (3) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (4) Environmental protection agency assistant @@ -1474,7 +1261,7 @@ SEC. 302. DEFINITIONS. and Atmospheric Administration. (7) Partnership.--The term ``Partnership'' means an entity designated by Congress as a Fish Habitat Partnership under - section 304. + section 204. (8) Real property interest.--The term ``real property interest'' means an ownership interest in-- (A) land; or @@ -1500,7 +1287,7 @@ SEC. 302. DEFINITIONS. sustains the habitat for those fishery resources pursuant to State law or the constitution of the State. -SEC. 303. NATIONAL FISH HABITAT BOARD. +SEC. 203. NATIONAL FISH HABITAT BOARD. (a) Establishment.-- (1) Fish habitat board.--There is established a board, to @@ -1516,36 +1303,36 @@ SEC. 303. NATIONAL FISH HABITAT BOARD. fish habitat conservation projects. (2) Membership.--The Board shall be composed of 26 members, of whom-- - (A) one shall be a representative of the Department + (A) 1 shall be a representative of the Department of the Interior; - (B) one shall be a representative of the United + (B) 1 shall be a representative of the United States Geological Survey; - (C) one shall be a representative of the Department + (C) 1 shall be a representative of the Department of Commerce; - (D) one shall be a representative of the Department + (D) 1 shall be a representative of the Department of Agriculture; - (E) one shall be a representative of the - Association of Fish and Wildlife Agencies; - (F) four shall be representatives of State - agencies, one of whom shall be nominated by a regional - association of fish and wildlife agencies from each of - the Northeast, Southeast, Midwest, and Western regions - of the United States; - (G) two shall be representatives of either-- + (E) 1 shall be a representative of the Association + of Fish and Wildlife Agencies; + (F) 4 shall be representatives of State agencies, 1 + of whom shall be nominated by a regional association of + fish and wildlife agencies from each of the Northeast, + Southeast, Midwest, and Western regions of the United + States; + (G) 2 shall be representatives of either-- (i) Indian Tribes in the State of Alaska; or (ii) Indian Tribes in States other than the State of Alaska; - (H) one shall be a representative of either-- + (H) 1 shall be a representative of either-- (i) the Regional Fishery Management Councils established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852); or (ii) a representative of the Marine Fisheries Commissions; - (I) one shall be a representative of the - Sportfishing and Boating Partnership Council; - (J) seven shall be representatives selected from at + (I) 1 shall be a representative of the Sport + Fishing and Boating Partnership Council; + (J) 7 shall be representatives selected from at least one from each of the following: (i) the recreational sportfishing industry; (ii) the commercial fishing industry; @@ -1553,22 +1340,22 @@ SEC. 303. NATIONAL FISH HABITAT BOARD. (iv) freshwater recreational anglers; (v) habitat conservation organizations; and (vi) science-based fishery organizations; - (K) one shall be a representative of a national + (K) 1 shall be a representative of a national private landowner organization; - (L) one shall be a representative of an - agricultural production organization; - (M) one shall be a representative of local - government interests involved in fish habitat - restoration; - (N) two shall be representatives from different + (L) 1 shall be a representative of an agricultural + production organization; + (M) 1 shall be a representative of local government + interests involved in fish habitat restoration; + (N) 2 shall be representatives from different sectors of corporate industries, which may include-- (i) natural resource commodity interests, such as petroleum or mineral extraction; (ii) natural resource user industries; and (iii) industries with an interest in fish and fish habitat conservation; and - (O) one shall be a leadership private sector or - landowner representative of an active partnership. + (O) 1 shall be an individual in a leadership + position in the private sector or landowner + representative of an active partnership. (3) Compensation.--A member of the Board shall serve without compensation. (4) Travel expenses.--A member of the Board may be allowed @@ -1651,14 +1438,14 @@ SEC. 303. NATIONAL FISH HABITAT BOARD. priorities for fish habitat conservation for the purposes of this title; (D) procedures for designating Partnerships under - section 304; and + section 204; and (E) procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects. (2) Quorum.--A majority of the members of the Board shall constitute a quorum. -SEC. 304. FISH HABITAT PARTNERSHIPS. +SEC. 204. FISH HABITAT PARTNERSHIPS. (a) Authority To Recommend.--The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this @@ -1763,7 +1550,7 @@ applicant-- designation as a Partnership; (B) describes any proposed modifications to a Partnership previously designated by Congress under - subsection (f); and + subsection (f); (C) with respect to each entity recommended for designation as a Partnership, describes, to the maximum extent practicable-- @@ -1793,7 +1580,7 @@ have the exclusive authority to designate or modify a Partnership. as described in that paragraph shall be ineligible to receive Federal funds under this title. -SEC. 305. FISH HABITAT CONSERVATION PROJECTS. +SEC. 205. FISH HABITAT CONSERVATION PROJECTS. (a) Submission to Board.--Not later than March 31 of each year, each Partnership shall submit to the Board a list of priority fish @@ -1972,7 +1759,7 @@ following information: committees a written statement of the reasons that the Secretary rejected the fish habitat conservation project. -SEC. 306. TECHNICAL AND SCIENTIFIC ASSISTANCE. +SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE. (a) In General.--The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection @@ -2005,7 +1792,7 @@ subsection (a) may include-- and technical assistance to support Partnerships, participants in fish habitat conservation projects, and the Board. -SEC. 307. COORDINATION WITH STATES AND INDIAN TRIBES. +SEC. 207. COORDINATION WITH STATES AND INDIAN TRIBES. The Secretary shall provide a notice to, and cooperate with, the appropriate State agency or Tribal agency, as applicable, of each State @@ -2014,7 +1801,7 @@ to be carried out pursuant to this title, including notification, by not later than 30 days before the date on which the activity is implemented. -SEC. 308. INTERAGENCY OPERATIONAL PLAN. +SEC. 208. INTERAGENCY OPERATIONAL PLAN. Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director, in cooperation with the @@ -2030,7 +1817,7 @@ shall develop an interagency operational plan that describes-- (2) any interagency agreements between or among Federal departments and agencies to address those needs. -SEC. 309. ACCOUNTABILITY AND REPORTING. +SEC. 209. ACCOUNTABILITY AND REPORTING. (a) Reporting.-- (1) In general.--Not later than 5 years after the date of @@ -2056,10 +1843,10 @@ SEC. 309. ACCOUNTABILITY AND REPORTING. year, including-- (i) a description of the fish habitat conservation projects recommended by the Board - under section 305(b); + under section 205(b); (ii) a description of each fish habitat conservation project approved by the Secretary - under section 305(f), in order of priority for + under section 205(f), in order of priority for funding; (iii) a justification for-- (I) the approval of each fish @@ -2069,14 +1856,14 @@ SEC. 309. ACCOUNTABILITY AND REPORTING. conservation project; (iv) a justification for any rejection of a fish habitat conservation project recommended - by the Board under section 305(b) that was + by the Board under section 205(b) that was based on a factor other than the criteria - described in section 305(c); and + described in section 205(c); and (v) an accounting of expenditures by Federal, State, or local governments, Indian Tribes, or other entities to carry out fish habitat conservation projects under this title. - (b) Status and Trends Report.--Not later than December 31, 2020, + (b) Status and Trends Report.--Not later than December 31, 2021, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report that includes-- (1) a status of all Partnerships designated under this @@ -2089,7 +1876,7 @@ congressional committees a report that includes-- (B) any other activities carried out pursuant to this title. -SEC. 310. EFFECT OF THIS TITLE. +SEC. 210. EFFECT OF THIS TITLE. (a) Water Rights.--Nothing in this title-- (1) establishes any express or implied reserved water right @@ -2104,7 +1891,7 @@ SEC. 310. EFFECT OF THIS TITLE. (b) Authority To Acquire Water Rights or Rights to Property.--Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made -available through section 312. +available through section 212. (c) State Authority.--Nothing in this title-- (1) affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife @@ -2122,7 +1909,7 @@ Indian Tribe recognized by treaty or any other means, including-- (e) Adjudication of Water Rights.--Nothing in this title diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of -section 308 of the Departments of State, Justice, Commerce, and The +section 208 of the Departments of State, Justice, Commerce, and The Judiciary Appropriation Act, 1953 (43 U.S.C. 666). (f) Department of Commerce Authority.--Nothing in this title affects the authority, jurisdiction, or responsibility of the @@ -2149,34 +1936,34 @@ Act (16 U.S.C. 1801 et seq.). provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act. -SEC. 311. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. +SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to-- (1) the Board; or (2) any Partnership. -SEC. 312. FUNDING. +SEC. 212. FUNDING. (a) Authorization of Appropriations.-- (1) Fish habitat conservation projects.--There is authorized to be appropriated to the Secretary $7,200,000 for - each of fiscal years 2019 through 2023 to provide funds for + each of fiscal years 2021 through 2025 to provide funds for fish habitat conservation projects approved under section - 305(f), of which 5 percent is authorized only for projects + 205(f), of which 5 percent is authorized only for projects carried out by Indian Tribes. (2) Administrative and planning expenses.--There is authorized to be appropriated to the Secretary for each of - fiscal years 2019 through 2023 an amount equal to 5 percent of + fiscal years 2021 through 2025 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)-- (A) for administrative and planning expenses under this title; and - (B) to carry out section 309. + (B) to carry out section 209. (3) Technical and scientific assistance.--There is - authorized to be appropriated for each of fiscal years 2020 - through 2024 to carry out, and provide technical and scientific - assistance under, section 306-- + authorized to be appropriated for each of fiscal years 2021 + through 2025 to carry out, and provide technical and scientific + assistance under, section 206-- (A) $400,000 to the Secretary for use by the United States Fish and Wildlife Service; (B) $400,000 to the National Oceanic and @@ -2188,9 +1975,9 @@ SEC. 312. FUNDING. Protection Agency; (D) $400,000 to the Secretary for use by the United States Geological Survey; and - (E) $400,000 to the Chief of the Forest Service for - use by the United States Department of Agriculture - Forest Service. + (E) $400,000 to the Secretary of Agriculture, + acting through the Chief of the Forest Service, for use + by the Forest Service. (b) Agreements and Grants.--The Secretary may-- (1) on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31, United States Code, and the @@ -2226,7 +2013,7 @@ SEC. 312. FUNDING. (ii) provided to another Federal department or agency through an interagency agreement. -SEC. 313. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY +SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY FEDERAL AGENCIES THROUGH PARTNERSHIPS. Any Partnership designated under this title-- @@ -2235,29 +2022,9 @@ SEC. 313. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY (2) shall not be used to implement any regulatory authority of any Federal agency. - TITLE IV--MISCELLANEOUS - -SEC. 401. SENSE OF THE SENATE REGARDING CONSERVATION AGREEMENTS AND - ACTIVITIES. + TITLE III--MISCELLANEOUS - It is the sense of the Senate that-- - (1) voluntary conservation agreements benefit species and - the habitats on which the species rely; - (2) States, Indian Tribes, units of local government, - landowners, and other stakeholders should be encouraged to - participate in voluntary conservation agreements; and - (3) the Secretary of the Interior, acting through the - Director of the United States Fish and Wildlife Service, and - the Secretary of Commerce, acting through the Assistant - Administrator of the National Marine Fisheries Service, should - consider the enrollment in, and performance of, conservation - agreements and investment in, and implementation of, general - conservation activities by States, Indian Tribes, units of - local government, landowners, and other stakeholders in making - determinations under the Endangered Species Act of 1973 (16 - U.S.C. 1531 et seq.). - -SEC. 402. STUDY TO REVIEW CONSERVATION FACTORS. +SEC. 301. STUDY TO REVIEW CONSERVATION FACTORS. (a) Definition of Secretaries.--In this section, the term ``Secretaries'' means-- @@ -2269,10 +2036,13 @@ SEC. 402. STUDY TO REVIEW CONSERVATION FACTORS. (b) Study.--To assess factors affecting successful conservation activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry out a study-- - (1) to review any factors that threaten or endanger a - species for which a listing under the Endangered Species Act of - 1973 (16 U.S.C. 1531 et seq.) would not lead to a sustainable - population of the species; + (1)(A) to review any factors that threaten or endanger a + species, such as wildlife disease, for which a listing under + the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) + would not contribute to the conservation of the species; and + (B) to identify additional conservation measures that can + be taken to protect and conserve a species described in + subparagraph (A); (2) to review any barriers to-- (A) the delivery of Federal, State, local, or private funds for such conservation activities, @@ -2287,7 +2057,7 @@ seq.), the Secretaries shall carry out a study-- Federal Government to successfully implement the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (4) to develop recommendations regarding methods to address - barriers identified under paragraph (2), if any; and + barriers identified under paragraph (2), if any; (5) to review determinations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is determined to be recovered by the Secretary of the Interior, @@ -2298,6 +2068,15 @@ seq.), the Secretaries shall carry out a study-- (A) an explanation of the factors preventing a delisting or downlisting of the species; and (B) recommendations regarding methods to address + the factors described in subparagraph (A); and + (6) to review any determinations under the Endangered + Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species + has been identified as needing listing or uplisting under that + Act but remains unlisted or listed as a threatened species, + respectively, including-- + (A) an explanation of the factors preventing a + listing or uplisting of the species; and + (B) recommendations regarding methods to address the factors described in subparagraph (A). (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to the Committees on @@ -2306,7 +2085,7 @@ Committees on Appropriations and Natural Resources of the House of Representatives and make publicly available a report describing the results of the study under subsection (b). -SEC. 403. STUDY AND REPORT ON EXPENDITURES. +SEC. 302. STUDY AND REPORT ON EXPENDITURES. (a) Reports on Expenditures.-- (1) Federal departments and agencies.-- @@ -2419,7 +2198,7 @@ SEC. 403. STUDY AND REPORT ON EXPENDITURES. to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). -SEC. 404. USE OF VALUE OF LAND FOR COST SHARING. +SEC. 303. USE OF VALUE OF LAND FOR COST SHARING. The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended-- @@ -2434,4 +2213,20 @@ Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) shall be allowed to use the value of any land owned by the institution as an in-kind match to satisfy any cost sharing requirement under this Act.''. - \ No newline at end of file + + Passed the Senate September 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3051 + +_______________________________________________________________________ + + AN ACT + + To improve protections for wildlife, and for other purposes. From b79e96a92dce186d2735363638e0f79f45b8d558 Mon Sep 17 00:00:00 2001 From: "Sen. Barrasso, John [R-WY]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 907/984] Senate-3051: Enrolled --- bills_text/Senate-3051.txt | 3694 +++++++++++++++++------------------- 1 file changed, 1729 insertions(+), 1965 deletions(-) diff --git a/bills_text/Senate-3051.txt b/bills_text/Senate-3051.txt index a815dc0..5ef46f4 100644 --- a/bills_text/Senate-3051.txt +++ b/bills_text/Senate-3051.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 3051 + S.3051 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -12,32 +21,32 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``America's Conservation Enhancement Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. - TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION + + TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION Sec. 101. Theodore Roosevelt Genius Prize for reducing human-predator - conflict. + conflict. Sec. 102. Losses of livestock due to depredation by federally protected - species. + species. Sec. 103. Depredation permits for black vultures and common ravens. Sec. 104. Chronic Wasting Disease Task Force. Sec. 105. Invasive species. Sec. 106. North American Wetlands Conservation Act. Sec. 107. National Fish and Wildlife Foundation Establishment Act. Sec. 108. Modification of definition of sport fishing equipment under - Toxic Substances Control Act. + Toxic Substances Control Act. Sec. 109. Reauthorization of Chesapeake Bay Program. Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998. Sec. 111. Chesapeake watershed investments for landscape defense. - TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS + + TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS Sec. 201. Purpose. Sec. 202. Definitions. @@ -52,7 +61,8 @@ Sec. 210. Effect of this title. Sec. 211. Nonapplicability of Federal Advisory Committee Act. Sec. 212. Funding. Sec. 213. Prohibition against implementation of regulatory authority by - Federal agencies through Partnerships. + Federal agencies through Partnerships. + TITLE III--MISCELLANEOUS Sec. 301. Study to review conservation factors. @@ -61,328 +71,286 @@ Sec. 303. Use of value of land for cost sharing. TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION -SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-PREDATOR - CONFLICT. - + SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN- + PREDATOR CONFLICT. (a) In General.--Section 7001(d) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 742b note; Public Law 116-9) is amended-- - (1) by striking ``paragraph (7)(A)'' each place such term - appears and inserting ``paragraph (8)(A)''; - (2) by striking ``paragraph (7)(B)'' each place such term - appears and inserting ``paragraph (8)(B)''; - (3) in paragraph (6)(C)(iv), by striking ``subparagraph - (C)'' and inserting ``clause (iii)''; - (4) by redesignating paragraph (7) as paragraph (8); - (5) by inserting after paragraph (6) the following: - ``(7) Theodore roosevelt genius prize for reducing human- - predator conflict.-- - ``(A) Definitions.--In this paragraph: - ``(i) Board.--The term `Board' means the - Reducing Human-Predator Conflict Technology - Advisory Board established by subparagraph - (C)(i). - ``(ii) Prize competition.--The term `prize - competition' means the Theodore Roosevelt - Genius Prize for reducing human-predator - conflict established under subparagraph (B). - ``(B) Authority.--Not later than 180 days after the - date of enactment of the America's Conservation - Enhancement Act, the Secretary shall establish under - section 24 of the Stevenson-Wydler Technology - Innovation Act of 1980 (15 U.S.C. 3719) a prize - competition, to be known as the `Theodore Roosevelt - Genius Prize for reducing human-predator conflict'-- - ``(i) to encourage technological innovation - with the potential to advance the mission of - the United States Fish and Wildlife Service - with respect to reducing the frequency of - human-predator conflict using nonlethal means; - and - ``(ii) to award 1 or more prizes annually - for a technological advancement that promotes - reducing human-predator conflict using - nonlethal means, which may include the - application and monitoring of tagging - technologies. - ``(C) Advisory board.-- - ``(i) Establishment.--There is established - an advisory board, to be known as the `Reducing - Human-Predator Conflict Technology Advisory - Board'. - ``(ii) Composition.--The Board shall be - composed of not fewer than 9 members appointed - by the Secretary, who shall provide expertise - in-- - ``(I) predator-human interactions; - ``(II) the habitats of large - predators; - ``(III) biology; - ``(IV) technology development; - ``(V) engineering; - ``(VI) economics; - ``(VII) business development and - management; and - ``(VIII) any other discipline, as - the Secretary determines to be - necessary to achieve the purposes of - this paragraph. - ``(iii) Duties.--Subject to clause (iv), - with respect to the prize competition, the - Board shall-- - ``(I) select a topic; - ``(II) issue a problem statement; - ``(III) advise the Secretary - regarding any opportunity for - technological innovation to reduce - human-predator conflict using nonlethal - means; and - ``(IV) advise winners of the prize - competition regarding opportunities to - pilot and implement winning - technologies in relevant fields, - including in partnership with - conservation organizations, Federal or - State agencies, federally recognized - Indian Tribes, private entities, and - research institutions with expertise or - interest relating to reducing human- - predator conflict using nonlethal - means. - ``(iv) Consultation.--In selecting a topic - and issuing a problem statement for the prize - competition under subclauses (I) and (II) of - clause (iii), respectively, the Board shall - consult widely with Federal and non-Federal - stakeholders, including-- - ``(I) 1 or more Federal agencies - with jurisdiction over the management - of native wildlife species at risk due - to conflict with human activities; - ``(II) 1 or more State agencies - with jurisdiction over the management - of native wildlife species at risk due - to conflict with human activities; - ``(III) 1 or more State, regional, - or local wildlife organizations, the - mission of which relates to the - management of native wildlife species - at risk due to conflict with human - activities; and - ``(IV) 1 or more wildlife - conservation groups, technology - companies, research institutions, - institutions of higher education, - industry associations, or individual - stakeholders with an interest in the - management of native wildlife species - at risk due to conflict with human - activities. - ``(v) Requirements.--The Board shall comply - with all requirements under paragraph (8)(A). - ``(D) Agreement with national fish and wildlife - foundation.-- - ``(i) In general.--The Secretary shall - offer to enter into an agreement under which - the National Fish and Wildlife Foundation shall - administer the prize competition. - ``(ii) Requirements.--An agreement entered - into under clause (i) shall comply with all - requirements under paragraph (8)(B). - ``(E) Judges.-- - ``(i) Appointment.--The Secretary shall - appoint not fewer than 3 judges who shall, - except as provided in clause (ii), select the 1 - or more annual winners of the prize - competition. - ``(ii) Determination by secretary.--The - judges appointed under clause (i) shall not - select any annual winner of the prize - competition if the Secretary makes a - determination that, in any fiscal year, none of - the technological advancements entered into the - prize competition merits an award. - ``(F) Consultation with national oceanic and - atmospheric administration.--The Secretary shall - consult with the Secretary of Commerce, acting through - the Administrator of the National Oceanic and - Atmospheric Administration, in the case of a cash prize - awarded under the prize competition for a technology - that addresses conflict between humans and marine - predators under the jurisdiction of the Secretary of - Commerce, acting through the Administrator of the - National Oceanic and Atmospheric Administration. - ``(G) Report to congress.--Not later than 60 days - after the date on which a cash prize is awarded under - this paragraph, the Secretary shall submit to the - Committee on Environment and Public Works of the Senate - and the Committee on Natural Resources of the House of - Representatives a report on the prize competition that - includes-- - ``(i) a statement by the Board that - describes the activities carried out by the - Board relating to the duties described in - subparagraph (C)(iii); - ``(ii) if the Secretary has entered into an - agreement under subparagraph (D)(i), a - statement by the National Fish and Wildlife - Foundation that describes the activities - carried out by the National Fish and Wildlife - Foundation relating to the duties described in - paragraph (8)(B); and - ``(iii) a statement by 1 or more of the - judges appointed under subparagraph (E) that - explains the basis on which the winner of the - cash prize was selected. - ``(H) Termination of authority.--The Board and all - authority provided under this paragraph shall terminate - on December 31, 2023.''; and - (6) in paragraph (8) (as redesignated)-- - (A) in subparagraph (A), by striking ``or - (6)(C)(i)'' and inserting ``(6)(C)(i), or (7)(C)(i)''; - and - (B) in subparagraph (B)-- - (i) by striking ``or (6)(D)(i)'' and - inserting ``(6)(D)(i), or (7)(D)(i)''; and - (ii) in clause (i)(VII), by striking ``and - (6)(E)'' and inserting ``(6)(E), and (7)(E)''. + (1) by striking ``paragraph (7)(A)'' each place such term + appears and inserting ``paragraph (8)(A)''; + (2) by striking ``paragraph (7)(B)'' each place such term + appears and inserting ``paragraph (8)(B)''; + (3) in paragraph (6)(C)(iv), by striking ``subparagraph (C)'' + and inserting ``clause (iii)''; + (4) by redesignating paragraph (7) as paragraph (8); + (5) by inserting after paragraph (6) the following: + ``(7) Theodore roosevelt genius prize for reducing human- + predator conflict.-- + ``(A) Definitions.--In this paragraph: + ``(i) Board.--The term `Board' means the Reducing + Human-Predator Conflict Technology Advisory Board + established by subparagraph (C)(i). + ``(ii) Prize competition.--The term `prize competition' + means the Theodore Roosevelt Genius Prize for reducing + human-predator conflict established under subparagraph (B). + ``(B) Authority.--Not later than 180 days after the date of + enactment of the America's Conservation Enhancement Act, the + Secretary shall establish under section 24 of the Stevenson- + Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a + prize competition, to be known as the `Theodore Roosevelt + Genius Prize for reducing human-predator conflict'-- + ``(i) to encourage technological innovation with the + potential to advance the mission of the United States Fish + and Wildlife Service with respect to reducing the frequency + of human-predator conflict using nonlethal means; and + ``(ii) to award 1 or more prizes annually for a + technological advancement that promotes reducing human- + predator conflict using nonlethal means, which may include + the application and monitoring of tagging technologies. + ``(C) Advisory board.-- + ``(i) Establishment.--There is established an advisory + board, to be known as the `Reducing Human-Predator Conflict + Technology Advisory Board'. + ``(ii) Composition.--The Board shall be composed of not + fewer than 9 members appointed by the Secretary, who shall + provide expertise in-- + + ``(I) predator-human interactions; + ``(II) the habitats of large predators; + ``(III) biology; + ``(IV) technology development; + ``(V) engineering; + ``(VI) economics; + ``(VII) business development and management; and + ``(VIII) any other discipline, as the Secretary + determines to be necessary to achieve the purposes of + this paragraph. + + ``(iii) Duties.--Subject to clause (iv), with respect + to the prize competition, the Board shall-- + + ``(I) select a topic; + ``(II) issue a problem statement; + ``(III) advise the Secretary regarding any + opportunity for technological innovation to reduce + human-predator conflict using nonlethal means; and + ``(IV) advise winners of the prize competition + regarding opportunities to pilot and implement winning + technologies in relevant fields, including in + partnership with conservation organizations, Federal or + State agencies, federally recognized Indian Tribes, + private entities, and research institutions with + expertise or interest relating to reducing human- + predator conflict using nonlethal means. + + ``(iv) Consultation.--In selecting a topic and issuing + a problem statement for the prize competition under + subclauses (I) and (II) of clause (iii), respectively, the + Board shall consult widely with Federal and non-Federal + stakeholders, including-- + + ``(I) 1 or more Federal agencies with jurisdiction + over the management of native wildlife species at risk + due to conflict with human activities; + ``(II) 1 or more State agencies with jurisdiction + over the management of native wildlife species at risk + due to conflict with human activities; + ``(III) 1 or more State, regional, or local + wildlife organizations, the mission of which relates to + the management of native wildlife species at risk due + to conflict with human activities; and + ``(IV) 1 or more wildlife conservation groups, + technology companies, research institutions, + institutions of higher education, industry + associations, or individual stakeholders with an + interest in the management of native wildlife species + at risk due to conflict with human activities. + + ``(v) Requirements.--The Board shall comply with all + requirements under paragraph (8)(A). + ``(D) Agreement with national fish and wildlife + foundation.-- + ``(i) In general.--The Secretary shall offer to enter + into an agreement under which the National Fish and + Wildlife Foundation shall administer the prize competition. + ``(ii) Requirements.--An agreement entered into under + clause (i) shall comply with all requirements under + paragraph (8)(B). + ``(E) Judges.-- + ``(i) Appointment.--The Secretary shall appoint not + fewer than 3 judges who shall, except as provided in clause + (ii), select the 1 or more annual winners of the prize + competition. + ``(ii) Determination by secretary.--The judges + appointed under clause (i) shall not select any annual + winner of the prize competition if the Secretary makes a + determination that, in any fiscal year, none of the + technological advancements entered into the prize + competition merits an award. + ``(F) Consultation with national oceanic and atmospheric + administration.--The Secretary shall consult with the Secretary + of Commerce, acting through the Administrator of the National + Oceanic and Atmospheric Administration, in the case of a cash + prize awarded under the prize competition for a technology that + addresses conflict between humans and marine predators under + the jurisdiction of the Secretary of Commerce, acting through + the Administrator of the National Oceanic and Atmospheric + Administration. + ``(G) Report to congress.--Not later than 60 days after the + date on which a cash prize is awarded under this paragraph, the + Secretary shall submit to the Committee on Environment and + Public Works of the Senate and the Committee on Natural + Resources of the House of Representatives a report on the prize + competition that includes-- + ``(i) a statement by the Board that describes the + activities carried out by the Board relating to the duties + described in subparagraph (C)(iii); + ``(ii) if the Secretary has entered into an agreement + under subparagraph (D)(i), a statement by the National Fish + and Wildlife Foundation that describes the activities + carried out by the National Fish and Wildlife Foundation + relating to the duties described in paragraph (8)(B); and + ``(iii) a statement by 1 or more of the judges + appointed under subparagraph (E) that explains the basis on + which the winner of the cash prize was selected. + ``(H) Termination of authority.--The Board and all + authority provided under this paragraph shall terminate on + December 31, 2023.''; and + (6) in paragraph (8) (as redesignated)-- + (A) in subparagraph (A), by striking ``or (6)(C)(i)'' and + inserting ``(6)(C)(i), or (7)(C)(i)''; and + (B) in subparagraph (B)-- + (i) by striking ``or (6)(D)(i)'' and inserting + ``(6)(D)(i), or (7)(D)(i)''; and + (ii) in clause (i)(VII), by striking ``and (6)(E)'' and + inserting ``(6)(E), and (7)(E)''. (b) Sense of Congress.--It is the sense of Congress that data collected from the tagging of predators can inform innovative management of those predators and innovative education activities to minimize human-predator conflict. - -SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY PROTECTED - SPECIES. - + SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY + PROTECTED SPECIES. (a) Definitions.--In this section: - (1) Depredation.-- - (A) In general.--The term ``depredation'' means - actual death, injury, or destruction of livestock that - is caused by a federally protected species. - (B) Exclusions.--The term ``depredation'' does not - include damage to real or personal property other than - livestock, including-- - (i) damage to-- - (I) other animals; - (II) vegetation; - (III) motor vehicles; or - (IV) structures; - (ii) diseases; - (iii) lost profits; or - (iv) consequential damages. - (2) Federally protected species.--The term ``federally - protected species'' means a species that is or previously was - protected under-- - (A) the Act of June 8, 1940 (commonly known as the - ``Bald and Golden Eagle Protection Act'') (54 Stat. - 250, chapter 278; 16 U.S.C. 668 et seq.); - (B) the Endangered Species Act of 1973 (16 U.S.C. - 1531 et seq.); or - (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et - seq.). - (3) Indian tribe.--The term ``Indian Tribe'' has the - meaning given to the term ``Indian tribe'' in section 4 of the - Indian Self-Determination and Education Assistance Act (25 - U.S.C. 5304). - (4) Livestock.-- - (A) In general.--The term ``livestock'' means - horses, mules and asses, rabbits, llamas, cattle, - bison, swine, sheep, goats, poultry, bees, honey and - beehives, or any other animal generally used for food - or in the production of food or fiber. - (B) Inclusion.--The term ``livestock'' includes - guard animals actively engaged in the protection of - livestock described in subparagraph (A). - (5) Program.--The term ``program'' means the grant program - established under subsection (b)(1). - (6) Secretaries.--The term ``Secretaries'' means-- - (A) the Secretary of the Interior, acting through - the Director of the United States Fish and Wildlife - Service; and - (B) the Secretary of Agriculture, acting through - the Administrator of the Animal and Plant Health - Inspection Service. + (1) Depredation.-- + (A) In general.--The term ``depredation'' means actual + death, injury, or destruction of livestock that is caused by a + federally protected species. + (B) Exclusions.--The term ``depredation'' does not include + damage to real or personal property other than livestock, + including-- + (i) damage to-- + + (I) other animals; + (II) vegetation; + (III) motor vehicles; or + (IV) structures; + + (ii) diseases; + (iii) lost profits; or + (iv) consequential damages. + (2) Federally protected species.--The term ``federally + protected species'' means a species that is or previously was + protected under-- + (A) the Act of June 8, 1940 (commonly known as the ``Bald + and Golden Eagle Protection Act'') (54 Stat. 250, chapter 278; + 16 U.S.C. 668 et seq.); + (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.); or + (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.). + (3) Indian tribe.--The term ``Indian Tribe'' has the meaning + given to the term ``Indian tribe'' in section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5304). + (4) Livestock.-- + (A) In general.--The term ``livestock'' means horses, mules + and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, + poultry, bees, honey and beehives, or any other animal + generally used for food or in the production of food or fiber. + (B) Inclusion.--The term ``livestock'' includes guard + animals actively engaged in the protection of livestock + described in subparagraph (A). + (5) Program.--The term ``program'' means the grant program + established under subsection (b)(1). + (6) Secretaries.--The term ``Secretaries'' means-- + (A) the Secretary of the Interior, acting through the + Director of the United States Fish and Wildlife Service; and + (B) the Secretary of Agriculture, acting through the + Administrator of the Animal and Plant Health Inspection + Service. (b) Grant Program for Losses of Livestock Due to Depredation by Federally Protected Species.-- - (1) In general.--The Secretaries shall establish a program - to provide grants to States and Indian Tribes to supplement - amounts provided by States, Indian Tribes, or State agencies - under 1 or more programs established by the States and Indian - Tribes (including programs established after the date of - enactment of this Act)-- - (A) to assist livestock producers in carrying out-- - (i) proactive and nonlethal activities to - reduce the risk of livestock loss due to - depredation by federally protected species - occurring on-- - (I) Federal, State, or private land - within the applicable State; or - (II) land owned by, or held in - trust for the benefit of, the - applicable Indian Tribe; and - (ii) research relating to the activities - described in clause (i); and - (B) to compensate livestock producers for livestock - losses due to depredation by federally protected - species occurring on-- - (i) Federal, State, or private land within - the applicable State; or - (ii) land owned by, or held in trust for - the benefit of, the applicable Indian Tribe. - (2) Allocation of funding.-- - (A) Reports to the secretaries.--Not later than - September 30 of each year, a State or Indian Tribe - desiring to receive a grant under the program shall - submit to the Secretaries a report describing, for the - 1-year period ending on that September 30, the losses - of livestock due to depredation by federally protected - species occurring on-- - (i) Federal, State, or private land within - the applicable State; or - (ii) land owned by, or held in trust for - the benefit of, the applicable Indian Tribe. - (B) Allocation.--The Secretaries shall allocate - available funding to carry out this Act among States - and Indian Tribes for a 1-year period ending on - September 30 based on the losses described in the - reports submitted for the previous 1-year period ending - on September 30 under subparagraph (A). - (3) Eligibility.--To be eligible to receive a grant under - paragraph (1), a State or Indian Tribe shall-- - (A) designate an appropriate agency of the State or - Indian Tribe to administer the 1 or more programs - supplemented by the grant funds; - (B) establish 1 or more accounts to receive grant - funds; - (C) maintain files of all claims received and paid - under grant-funded programs, including supporting - documentation; and - (D) submit to the Secretaries-- - (i) annual reports that include-- - (I) a summary of claims and - expenditures under the program during - the year; and - (II) a description of any action - taken on the claims; and - (ii) such other reports as the Secretaries - may require to assist the Secretaries in - determining the effectiveness of assisted - activities under this section. + (1) In general.--The Secretaries shall establish a program to + provide grants to States and Indian Tribes to supplement amounts + provided by States, Indian Tribes, or State agencies under 1 or + more programs established by the States and Indian Tribes + (including programs established after the date of enactment of this + Act)-- + (A) to assist livestock producers in carrying out-- + (i) proactive and nonlethal activities to reduce the + risk of livestock loss due to depredation by federally + protected species occurring on-- + + (I) Federal, State, or private land within the + applicable State; or + (II) land owned by, or held in trust for the + benefit of, the applicable Indian Tribe; and + + (ii) research relating to the activities described in + clause (i); and + (B) to compensate livestock producers for livestock losses + due to depredation by federally protected species occurring + on-- + (i) Federal, State, or private land within the + applicable State; or + (ii) land owned by, or held in trust for the benefit + of, the applicable Indian Tribe. + (2) Allocation of funding.-- + (A) Reports to the secretaries.--Not later than September + 30 of each year, a State or Indian Tribe desiring to receive a + grant under the program shall submit to the Secretaries a + report describing, for the 1-year period ending on that + September 30, the losses of livestock due to depredation by + federally protected species occurring on-- + (i) Federal, State, or private land within the + applicable State; or + (ii) land owned by, or held in trust for the benefit + of, the applicable Indian Tribe. + (B) Allocation.--The Secretaries shall allocate available + funding to carry out this Act among States and Indian Tribes + for a 1-year period ending on September 30 based on the losses + described in the reports submitted for the previous 1-year + period ending on September 30 under subparagraph (A). + (3) Eligibility.--To be eligible to receive a grant under + paragraph (1), a State or Indian Tribe shall-- + (A) designate an appropriate agency of the State or Indian + Tribe to administer the 1 or more programs supplemented by the + grant funds; + (B) establish 1 or more accounts to receive grant funds; + (C) maintain files of all claims received and paid under + grant-funded programs, including supporting documentation; and + (D) submit to the Secretaries-- + (i) annual reports that include-- + + (I) a summary of claims and expenditures under the + program during the year; and + (II) a description of any action taken on the + claims; and + + (ii) such other reports as the Secretaries may require + to assist the Secretaries in determining the effectiveness + of assisted activities under this section. (c) Sense of Congress.--It is the sense of Congress that-- - (1) no State or Indian Tribe is required to participate in - the program; and - (2) the program supplements, and does not replace or - supplant, any State compensation programs for depredation. + (1) no State or Indian Tribe is required to participate in the + program; and + (2) the program supplements, and does not replace or supplant, + any State compensation programs for depredation. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2025, of which-- - (1) $5,000,000 shall be used to provide grants for the - purposes described in subsection (b)(1)(A); and - (2) $10,000,000 shall be used to provide grants for the - purpose described in subsection (b)(1)(B). - -SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES AND COMMON RAVENS. - + (1) $5,000,000 shall be used to provide grants for the purposes + described in subsection (b)(1)(A); and + (2) $10,000,000 shall be used to provide grants for the purpose + described in subsection (b)(1)(B). + SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES AND COMMON RAVENS. (a) In General.--The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (referred to in this section as the ``Secretary''), may issue depredation permits to @@ -399,539 +367,474 @@ by Secretary. permit under subsection (a), that the permit holder shall report to the appropriate enforcement agencies the takings of black vultures or common ravens pursuant to the permit. - -SEC. 104. CHRONIC WASTING DISEASE TASK FORCE. - + SEC. 104. CHRONIC WASTING DISEASE TASK FORCE. (a) Definitions.--In this section: - (1) Cervid.--The term ``cervid'' means any species within - the family Cervidae. - (2) Chronic wasting disease.--The term ``chronic wasting - disease'' means the animal disease afflicting deer, elk, and - moose populations that-- - (A) is a transmissible disease of the nervous - system resulting in distinctive lesions in the brain; - and - (B) belongs to the group of diseases known as - transmissible spongiform encephalopathies, which group - includes scrapie, bovine spongiform encephalopathy, and - Creutzfeldt-Jakob disease. - (3) Secretaries.--The term ``Secretaries'' means the - Secretary of Agriculture, acting through the Administrator of - the Animal and Plant Health Inspection Service, and the - Secretary of the Interior, acting through the Director of the - United States Geological Survey and the Director of the United - States Fish and Wildlife Service, acting jointly. + (1) Cervid.--The term ``cervid'' means any species within the + family Cervidae. + (2) Chronic wasting disease.--The term ``chronic wasting + disease'' means the animal disease afflicting deer, elk, and moose + populations that-- + (A) is a transmissible disease of the nervous system + resulting in distinctive lesions in the brain; and + (B) belongs to the group of diseases known as transmissible + spongiform encephalopathies, which group includes scrapie, + bovine spongiform encephalopathy, and Creutzfeldt-Jakob + disease. + (3) Secretaries.--The term ``Secretaries'' means the Secretary + of Agriculture, acting through the Administrator of the Animal and + Plant Health Inspection Service, and the Secretary of the Interior, + acting through the Director of the United States Geological Survey + and the Director of the United States Fish and Wildlife Service, + acting jointly. (b) Establishment.-- - (1) In general.--The Secretaries shall establish within the - United States Fish and Wildlife Service a task force, to be - known as the ``Chronic Wasting Disease Task Force'' (referred - to in this subsection as the ``Task Force'') after the - completion of the study required by subsection (c). - (2) Duties.--The Task Force shall-- - (A) collaborate with foreign governments to share - research, coordinate efforts, and discuss best - management practices to reduce, minimize, prevent, or - eliminate chronic wasting disease in the United States; - (B) develop recommendations, including - recommendations based on findings of the study - conducted under subsection (c), and a set of best - practices regarding-- - (i) the interstate coordination of - practices to prevent the new introduction of - chronic wasting disease; - (ii) the prioritization and coordination of - the future study of chronic wasting disease, - based on evolving research needs; - (iii) ways to leverage the collective - resources of Federal, State, and local - agencies, Indian Tribes, and foreign - governments, and resources from private, - nongovernmental entities, to address chronic - wasting disease in the United States and along - the borders of the United States; and - (iv) any other area where containment or - management efforts relating to chronic wasting - disease may differ across jurisdictions; and - (C) develop, from the recommendations developed - under subparagraph (B), an action plan that gives - States, the Federal Government, Indian Tribes, and the - farmed cervid industry specific recommendations to - ensure consistent and coordinated management and - focused, prioritized research to stop the spread of and - mitigate the impacts of chronic wasting disease. - (3) Membership.-- - (A) In general.--The Task Force shall be composed - of-- - (i) 1 representative of the United States - Fish and Wildlife Service with experience in - chronic wasting disease, to be appointed by the - Secretary of the Interior (referred to in this - subsection as the ``Secretary''); - (ii) 1 representative of the United States - Geological Survey; - (iii) 2 representatives of the Department - of Agriculture with experience in chronic - wasting disease, to be appointed by the - Secretary of Agriculture-- - (I) 1 of whom shall have expertise - in cervid health research; and - (II) 1 of whom shall have expertise - in wildlife management; - (iv) in the case of each State in which - chronic wasting disease among elk, mule deer, - white-tailed deer, or moose has been reported - to the appropriate State agency, not more than - 2 representatives, to be nominated by the - Governor of the State-- - (I) not more than 1 of whom shall - be a representative of the State agency - with jurisdiction over wildlife - management or wildlife disease in the - State; and - (II) in the case of a State with a - farmed cervid program or economy, not - more than 1 of whom shall be a - representative of the State agency with - jurisdiction over farmed cervid - regulation in the State; - (v) in the case of each State in which - chronic wasting disease among elk, mule deer, - white-tailed deer, or moose has not been - documented, but that has carried out measures - to prevent the introduction of chronic wasting - disease among those species, not more than 2 - representatives, to be nominated by the - Governor of the State; - (vi) not more than 2 representatives from - an Indian Tribe or Tribal organization chosen - in a process determined, in consultation with - Indian Tribes, by the Secretary; and - (vii) not more than 5 nongovernmental - members with relevant expertise appointed, - after the date on which the members are first - appointed under clauses (i) through (vi), by a - majority vote of the State representatives - appointed under clause (iv). - (B) Effect.--Nothing in this paragraph requires a - State to participate in the Task Force. - (4) Co-chairs.--The Co-Chairs of the Task Force shall be-- - (A) the Federal representative described in - paragraph (3)(A)(i); - (B) 1 of the Federal representatives described in - paragraph (3)(A)(iii); and - (C) 1 State representative appointed under - paragraph (3)(A)(iv), to be selected by a majority vote - of those State representatives. - (5) Date of initial appointment.-- - (A) In general.--The members of the Task Force - shall be appointed not later than 180 days after the - date on which the study is completed under subsection - (c). - (B) Notification.--On appointment of the members of - the Task Force, the Co-Chairs of the Task Force shall - notify the Chairs and Ranking Members of the Committees - on Environment and Public Works and Agriculture, - Nutrition, and Forestry of the Senate and Natural - Resources and Agriculture of the House of - Representatives. - (6) Vacancies.--Any vacancy in the members appointed to the - Task Force-- - (A) shall not affect the power or duty of the Task - Force; and - (B) shall be filled not later than 30 days after - the date of the vacancy. - (7) Meetings.--The Task Force shall convene-- - (A) not less frequently than twice each year; and - (B) at such time and place, and by such means, as - the Co-Chairs of the Task Force determine to be - appropriate, which may include the use of remote - conference technology. - (8) Interstate action plan.-- - (A) In general.--Not later than 1 year after the - date on which the members of the Task Force are - appointed, the Task Force shall submit to the - Secretaries, and the heads of the State agencies with - jurisdiction over wildlife disease and farmed cervid - regulation of each State with a representative on the - Task Force, the interstate action plan developed by the - Task Force under paragraph (2)(C). - (B) Cooperative agreements.-- - (i) In general.--To the maximum extent - practicable, the Secretaries, any other - applicable Federal agency, and each applicable - State may enter into a cooperative agreement to - fund necessary actions under the interstate - action plan submitted under subparagraph (A). - (ii) Target date.--The Secretaries shall - make the best effort of the Secretaries to - enter into any cooperative agreement under - clause (i) not later than 180 days after the - date of submission of the interstate action - plan under subparagraph (A). - (C) Matching funds.-- - (i) In general.--Subject to clause (ii), - for each fiscal year, the Secretaries may - provide funds to carry out an interstate action - plan through a cooperative agreement under - subparagraph (B) in the amount of funds - provided by the applicable States. - (ii) Limitation.--The amount provided by - the United States Fish and Wildlife Service - under clause (i) for a fiscal year shall be not - greater than $5,000,000. - (9) Reports.--Not later than September 30 of the first full - fiscal year after the date on which the first members of the - Task Force are appointed, and each September 30 thereafter, the - Task Force shall submit to the Secretaries, and the heads of - the State agencies with jurisdiction over wildlife disease and - farmed cervid regulation of each State with a representatives - on the Task Force, a report describing-- - (A) progress on the implementation of actions - identified in the interstate action plan submitted - under paragraph (8)(A), including the efficacy of - funding under the cooperative agreement entered into - under paragraph (8)(B); - (B) updated resource requirements that are needed - to reduce and eliminate chronic wasting disease in the - United States; - (C) any relevant updates to the recommended best - management practices included in the interstate action - plan submitted under paragraph (8)(B) to reduce or - eliminate chronic wasting disease; - (D) new research findings and emerging research - needs relating to chronic wasting disease; and - (E) any other relevant information. + (1) In general.--The Secretaries shall establish within the + United States Fish and Wildlife Service a task force, to be known + as the ``Chronic Wasting Disease Task Force'' (referred to in this + subsection as the ``Task Force'') after the completion of the study + required by subsection (c). + (2) Duties.--The Task Force shall-- + (A) collaborate with foreign governments to share research, + coordinate efforts, and discuss best management practices to + reduce, minimize, prevent, or eliminate chronic wasting disease + in the United States; + (B) develop recommendations, including recommendations + based on findings of the study conducted under subsection (c), + and a set of best practices regarding-- + (i) the interstate coordination of practices to prevent + the new introduction of chronic wasting disease; + (ii) the prioritization and coordination of the future + study of chronic wasting disease, based on evolving + research needs; + (iii) ways to leverage the collective resources of + Federal, State, and local agencies, Indian Tribes, and + foreign governments, and resources from private, + nongovernmental entities, to address chronic wasting + disease in the United States and along the borders of the + United States; and + (iv) any other area where containment or management + efforts relating to chronic wasting disease may differ + across jurisdictions; and + (C) develop, from the recommendations developed under + subparagraph (B), an action plan that gives States, the Federal + Government, Indian Tribes, and the farmed cervid industry + specific recommendations to ensure consistent and coordinated + management and focused, prioritized research to stop the spread + of and mitigate the impacts of chronic wasting disease. + (3) Membership.-- + (A) In general.--The Task Force shall be composed of-- + (i) 1 representative of the United States Fish and + Wildlife Service with experience in chronic wasting + disease, to be appointed by the Secretary of the Interior + (referred to in this subsection as the ``Secretary''); + (ii) 1 representative of the United States Geological + Survey; + (iii) 2 representatives of the Department of + Agriculture with experience in chronic wasting disease, to + be appointed by the Secretary of Agriculture-- + + (I) 1 of whom shall have expertise in cervid health + research; and + (II) 1 of whom shall have expertise in wildlife + management; + + (iv) in the case of each State in which chronic wasting + disease among elk, mule deer, white-tailed deer, or moose + has been reported to the appropriate State agency, not more + than 2 representatives, to be nominated by the Governor of + the State-- + + (I) not more than 1 of whom shall be a + representative of the State agency with jurisdiction + over wildlife management or wildlife disease in the + State; and + (II) in the case of a State with a farmed cervid + program or economy, not more than 1 of whom shall be a + representative of the State agency with jurisdiction + over farmed cervid regulation in the State; + + (v) in the case of each State in which chronic wasting + disease among elk, mule deer, white-tailed deer, or moose + has not been documented, but that has carried out measures + to prevent the introduction of chronic wasting disease + among those species, not more than 2 representatives, to be + nominated by the Governor of the State; + (vi) not more than 2 representatives from an Indian + Tribe or Tribal organization chosen in a process + determined, in consultation with Indian Tribes, by the + Secretary; and + (vii) not more than 5 nongovernmental members with + relevant expertise appointed, after the date on which the + members are first appointed under clauses (i) through (vi), + by a majority vote of the State representatives appointed + under clause (iv). + (B) Effect.--Nothing in this paragraph requires a State to + participate in the Task Force. + (4) Co-chairs.--The Co-Chairs of the Task Force shall be-- + (A) the Federal representative described in paragraph + (3)(A)(i); + (B) 1 of the Federal representatives described in paragraph + (3)(A)(iii); and + (C) 1 State representative appointed under paragraph + (3)(A)(iv), to be selected by a majority vote of those State + representatives. + (5) Date of initial appointment.-- + (A) In general.--The members of the Task Force shall be + appointed not later than 180 days after the date on which the + study is completed under subsection (c). + (B) Notification.--On appointment of the members of the + Task Force, the Co-Chairs of the Task Force shall notify the + Chairs and Ranking Members of the Committees on Environment and + Public Works and Agriculture, Nutrition, and Forestry of the + Senate and Natural Resources and Agriculture of the House of + Representatives. + (6) Vacancies.--Any vacancy in the members appointed to the + Task Force-- + (A) shall not affect the power or duty of the Task Force; + and + (B) shall be filled not later than 30 days after the date + of the vacancy. + (7) Meetings.--The Task Force shall convene-- + (A) not less frequently than twice each year; and + (B) at such time and place, and by such means, as the Co- + Chairs of the Task Force determine to be appropriate, which may + include the use of remote conference technology. + (8) Interstate action plan.-- + (A) In general.--Not later than 1 year after the date on + which the members of the Task Force are appointed, the Task + Force shall submit to the Secretaries, and the heads of the + State agencies with jurisdiction over wildlife disease and + farmed cervid regulation of each State with a representative on + the Task Force, the interstate action plan developed by the + Task Force under paragraph (2)(C). + (B) Cooperative agreements.-- + (i) In general.--To the maximum extent practicable, the + Secretaries, any other applicable Federal agency, and each + applicable State may enter into a cooperative agreement to + fund necessary actions under the interstate action plan + submitted under subparagraph (A). + (ii) Target date.--The Secretaries shall make the best + effort of the Secretaries to enter into any cooperative + agreement under clause (i) not later than 180 days after + the date of submission of the interstate action plan under + subparagraph (A). + (C) Matching funds.-- + (i) In general.--Subject to clause (ii), for each + fiscal year, the Secretaries may provide funds to carry out + an interstate action plan through a cooperative agreement + under subparagraph (B) in the amount of funds provided by + the applicable States. + (ii) Limitation.--The amount provided by the United + States Fish and Wildlife Service under clause (i) for a + fiscal year shall be not greater than $5,000,000. + (9) Reports.--Not later than September 30 of the first full + fiscal year after the date on which the first members of the Task + Force are appointed, and each September 30 thereafter, the Task + Force shall submit to the Secretaries, and the heads of the State + agencies with jurisdiction over wildlife disease and farmed cervid + regulation of each State with a representatives on the Task Force, + a report describing-- + (A) progress on the implementation of actions identified in + the interstate action plan submitted under paragraph (8)(A), + including the efficacy of funding under the cooperative + agreement entered into under paragraph (8)(B); + (B) updated resource requirements that are needed to reduce + and eliminate chronic wasting disease in the United States; + (C) any relevant updates to the recommended best management + practices included in the interstate action plan submitted + under paragraph (8)(B) to reduce or eliminate chronic wasting + disease; + (D) new research findings and emerging research needs + relating to chronic wasting disease; and + (E) any other relevant information. (c) Chronic Wasting Disease Transmission in Cervidae Resource Study.-- - (1) Definition of academy.--In this subsection, the term - ``Academy'' means the National Academy of Sciences. - (2) Study.-- - (A) In general.--The Secretaries shall enter into - an arrangement with the Academy under which the Academy - shall conduct, and submit to the Secretaries a report - describing the findings of, a special resource study to - identify the predominant pathways and mechanisms of the - transmission of chronic wasting disease in wild, - captive, and farmed populations of cervids in the - United States. - (B) Requirements.--The arrangement under - subparagraph (A) shall provide that the actual expenses - incurred by the Academy in conducting the study under - subparagraph (A) shall be paid by the Secretaries, - subject to the availability of appropriations. - (3) Contents of the study.--The study under paragraph (2) - shall-- - (A) with respect to wild, captive, and farmed - populations of cervids in the United States, identify-- - (i)(I) to the extent possible, the pathways - and mechanisms for the transmission of chronic - wasting disease within live cervid populations - and cervid products, which may include pathways - and mechanisms for transmission from Canada; - (II) the infection rates for each pathway - and mechanism identified under subclause (I); - and - (III) the relative frequency of - transmission of each pathway and mechanism - identified under subclause (I); - (ii)(I) anthropogenic and environmental - factors contributing to new chronic wasting - disease emergence events; - (II) the development of geographical areas - with increased chronic wasting disease - prevalence; and - (III) the overall geographical patterns of - chronic wasting disease distribution; - (iii) significant gaps in current - scientific knowledge regarding the transmission - pathways and mechanisms identified under clause - (i)(I) and potential prevention, detection, and - control methods identified under clause (v); - (iv) for prioritization the scientific - research projects that will address the - knowledge gaps identified under clause (iii), - based on the likelihood that a project will - contribute significantly to the prevention or - control of chronic wasting disease; and - (v) potential prevention, detection, or - control measures, practices, or technologies to - be used to mitigate the transmission and spread - of chronic wasting disease in wild, captive, - and farmed populations of cervids in the United - States; - (B) assess the effectiveness of the potential - prevention, detection, or control measures, practices, - or technologies identified under subparagraph (A)(v); - and - (C) review and compare science-based best - practices, standards, and guidance regarding the - prevention, detection, and management of chronic - wasting disease in wild, captive, and farmed - populations of cervids in the United States that have - been developed by-- - (i) the National Chronic Wasting Disease - Herd Certification Program of the Animal and - Plant Health Inspection Service; - (ii) the National Wildlife Research Center - of the Animal and Plant Health Inspection - Service; - (iii) the United States Geological Survey; - (iv) State wildlife and agricultural - agencies, in the case of practices, standards, - and guidance that provide practical, science- - based recommendations to State and Federal - agencies for minimizing or eliminating the risk - of transmission of chronic wasting disease in - the United States; and - (v) industry or academia, in the case of - any published guidance on practices that - provide practical, science-based - recommendations to cervid producers for - minimizing or eliminating the risk of - transmission of chronic wasting disease within - or between herds. - (4) Deadline.--The study under paragraph (2) shall be - completed not later than 180 days after the date on which funds - are first made available for the study. - (5) Data sharing.--The Secretaries shall share with the - Academy, as necessary to conduct the study under paragraph (2), - subject to the avoidance of a violation of a privacy or - confidentiality requirement and the protection of confidential - or privileged commercial, financial, or proprietary - information, data and access to databases and research - information on chronic wasting disease under the jurisdiction - of-- - (A) the Animal and Plant Health Inspection Service; - and - (B) the United States Geological Survey. - (6) Report.--Not later than 60 days after the date of - completion of the study, the Secretaries shall submit to the - Committee on Agriculture, Nutrition, and Forestry, the - Committee on Energy and Natural Resources, and the Committee on - Environment and Public Works of the Senate and the Committee on - Agriculture and the Committee on Natural Resources of the House - of Representatives a report that describes-- - (A) the findings of the study; and - (B) any conclusions and recommendations that the - Secretaries determine to be appropriate. + (1) Definition of academy.--In this subsection, the term + ``Academy'' means the National Academy of Sciences. + (2) Study.-- + (A) In general.--The Secretaries shall enter into an + arrangement with the Academy under which the Academy shall + conduct, and submit to the Secretaries a report describing the + findings of, a special resource study to identify the + predominant pathways and mechanisms of the transmission of + chronic wasting disease in wild, captive, and farmed + populations of cervids in the United States. + (B) Requirements.--The arrangement under subparagraph (A) + shall provide that the actual expenses incurred by the Academy + in conducting the study under subparagraph (A) shall be paid by + the Secretaries, subject to the availability of appropriations. + (3) Contents of the study.--The study under paragraph (2) + shall-- + (A) with respect to wild, captive, and farmed populations + of cervids in the United States, identify-- + (i)(I) to the extent possible, the pathways and + mechanisms for the transmission of chronic wasting disease + within live cervid populations and cervid products, which + may include pathways and mechanisms for transmission from + Canada; + (II) the infection rates for each pathway and mechanism + identified under subclause (I); and + (III) the relative frequency of transmission of each + pathway and mechanism identified under subclause (I); + (ii)(I) anthropogenic and environmental factors + contributing to new chronic wasting disease emergence + events; + (II) the development of geographical areas with + increased chronic wasting disease prevalence; and + (III) the overall geographical patterns of chronic + wasting disease distribution; + (iii) significant gaps in current scientific knowledge + regarding the transmission pathways and mechanisms + identified under clause (i)(I) and potential prevention, + detection, and control methods identified under clause (v); + (iv) for prioritization the scientific research + projects that will address the knowledge gaps identified + under clause (iii), based on the likelihood that a project + will contribute significantly to the prevention or control + of chronic wasting disease; and + (v) potential prevention, detection, or control + measures, practices, or technologies to be used to mitigate + the transmission and spread of chronic wasting disease in + wild, captive, and farmed populations of cervids in the + United States; + (B) assess the effectiveness of the potential prevention, + detection, or control measures, practices, or technologies + identified under subparagraph (A)(v); and + (C) review and compare science-based best practices, + standards, and guidance regarding the prevention, detection, + and management of chronic wasting disease in wild, captive, and + farmed populations of cervids in the United States that have + been developed by-- + (i) the National Chronic Wasting Disease Herd + Certification Program of the Animal and Plant Health + Inspection Service; + (ii) the National Wildlife Research Center of the + Animal and Plant Health Inspection Service; + (iii) the United States Geological Survey; + (iv) State wildlife and agricultural agencies, in the + case of practices, standards, and guidance that provide + practical, science-based recommendations to State and + Federal agencies for minimizing or eliminating the risk of + transmission of chronic wasting disease in the United + States; and + (v) industry or academia, in the case of any published + guidance on practices that provide practical, science-based + recommendations to cervid producers for minimizing or + eliminating the risk of transmission of chronic wasting + disease within or between herds. + (4) Deadline.--The study under paragraph (2) shall be completed + not later than 180 days after the date on which funds are first + made available for the study. + (5) Data sharing.--The Secretaries shall share with the + Academy, as necessary to conduct the study under paragraph (2), + subject to the avoidance of a violation of a privacy or + confidentiality requirement and the protection of confidential or + privileged commercial, financial, or proprietary information, data + and access to databases and research information on chronic wasting + disease under the jurisdiction of-- + (A) the Animal and Plant Health Inspection Service; and + (B) the United States Geological Survey. + (6) Report.--Not later than 60 days after the date of + completion of the study, the Secretaries shall submit to the + Committee on Agriculture, Nutrition, and Forestry, the Committee on + Energy and Natural Resources, and the Committee on Environment and + Public Works of the Senate and the Committee on Agriculture and the + Committee on Natural Resources of the House of Representatives a + report that describes-- + (A) the findings of the study; and + (B) any conclusions and recommendations that the + Secretaries determine to be appropriate. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- - (1) for the period of fiscal years 2021 through 2025, - $5,000,000 to the Secretary of the Interior, acting through the - Director of the United States Fish and Wildlife Service, to - carry out administrative activities under subsection (b); - (2) for fiscal year 2021, $1,200,000 to the Secretary of - the Interior, acting through the Director of the United States - Geological Survey, to carry out activities to fund research - under subsection (c); and - (3) for fiscal year 2021, $1,200,000 to the Secretary of - Agriculture, acting through the Administrator of the Animal and - Plant Health Inspection Service, to carry out activities to - fund research under subsection (c). - -SEC. 105. INVASIVE SPECIES. - + (1) for the period of fiscal years 2021 through 2025, + $5,000,000 to the Secretary of the Interior, acting through the + Director of the United States Fish and Wildlife Service, to carry + out administrative activities under subsection (b); + (2) for fiscal year 2021, $1,200,000 to the Secretary of the + Interior, acting through the Director of the United States + Geological Survey, to carry out activities to fund research under + subsection (c); and + (3) for fiscal year 2021, $1,200,000 to the Secretary of + Agriculture, acting through the Administrator of the Animal and + Plant Health Inspection Service, to carry out activities to fund + research under subsection (c). + SEC. 105. INVASIVE SPECIES. Section 10 of the Fish and Wildlife Coordination Act (16 U.S.C. 666c-1) is amended-- - (1) in subsection (c)(2)-- - (A) in subparagraph (A)-- - (i) by redesignating clauses (i) and (ii) - as clauses (ii) and (iii), respectively; and - (ii) by inserting before clause (ii) (as so - redesignated) the following: - ``(i) relevant Federal agencies;''; - (B) by redesignating subparagraphs (B) and (C) as - subparagraphs (C) and (D), respectively; and - (C) by inserting after subparagraph (A) the - following: - ``(B) in consultation with stakeholders, including - nongovernmental organizations and industry;''; and - (2) by adding at the end the following: + (1) in subsection (c)(2)-- + (A) in subparagraph (A)-- + (i) by redesignating clauses (i) and (ii) as clauses + (ii) and (iii), respectively; and + (ii) by inserting before clause (ii) (as so + redesignated) the following: + ``(i) relevant Federal agencies;''; + (B) by redesignating subparagraphs (B) and (C) as + subparagraphs (C) and (D), respectively; and + (C) by inserting after subparagraph (A) the following: + ``(B) in consultation with stakeholders, including + nongovernmental organizations and industry;''; and + (2) by adding at the end the following: ``(p) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section for each of fiscal years 2021 through 2025-- - ``(1) $2,500,000 to the Secretary of the Army, acting - through the Chief of Engineers; and - ``(2) $2,500,000 to the Secretary of the Interior.''. - -SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT. - + ``(1) $2,500,000 to the Secretary of the Army, acting through + the Chief of Engineers; and + ``(2) $2,500,000 to the Secretary of the Interior.''. + SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT. Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking ``not to exceed--'' in the matter preceding paragraph (1) and all that follows through paragraph (5) and inserting ``not to exceed $60,000,000 for each of fiscal years 2021 through 2025.''. - -SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT. - + SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT. (a) Board of Directors of Foundation.-- - (1) In general.--Section 3 of the National Fish and - Wildlife Foundation Establishment Act (16 U.S.C. 3702) is - amended-- - (A) in subsection (b)-- - (i) by striking paragraph (2) and inserting - the following: - ``(2) Appointment of directors.--After consulting with the - Secretary of Commerce and considering the recommendations - submitted by the Board, the Secretary of the Interior shall - appoint 28 Directors who, to the maximum extent practicable, - shall-- - ``(A) be knowledgeable and experienced in matters - relating to the conservation of fish, wildlife, or - other natural resources; and - ``(B) represent a balance of expertise in ocean, - coastal, freshwater, and terrestrial resource - conservation.''; and - (ii) by striking paragraph (3) and - inserting the following: - ``(3) Terms.--Each Director (other than a Director - described in paragraph (1)) shall be appointed for a term of 6 - years.''; and - (B) in subsection (g)(2)-- - (i) in subparagraph (A), by striking ``(A) - Officers and employees may not be appointed - until the Foundation has sufficient funds to - pay them for their service. Officers'' and - inserting the following: - ``(A) In general.--Officers''; and - (ii) by striking subparagraph (B) and - inserting the following: - ``(B) Executive director.--The Foundation shall - have an Executive Director who shall be-- - ``(i) appointed by, and serve at the - direction of, the Board as the chief executive - officer of the Foundation; and - ``(ii) knowledgeable and experienced in - matters relating to fish and wildlife - conservation.''. - (2) Conforming amendment.--Section 4(a)(1)(B) of the North - American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is - amended by striking ``Secretary of the Board'' and inserting - ``Executive Director of the Board''. + (1) In general.--Section 3 of the National Fish and Wildlife + Foundation Establishment Act (16 U.S.C. 3702) is amended-- + (A) in subsection (b)-- + (i) by striking paragraph (2) and inserting the + following: + ``(2) Appointment of directors.--After consulting with the + Secretary of Commerce and considering the recommendations submitted + by the Board, the Secretary of the Interior shall appoint 28 + Directors who, to the maximum extent practicable, shall-- + ``(A) be knowledgeable and experienced in matters relating + to the conservation of fish, wildlife, or other natural + resources; and + ``(B) represent a balance of expertise in ocean, coastal, + freshwater, and terrestrial resource conservation.''; and + (ii) by striking paragraph (3) and inserting the + following: + ``(3) Terms.--Each Director (other than a Director described in + paragraph (1)) shall be appointed for a term of 6 years.''; and + (B) in subsection (g)(2)-- + (i) in subparagraph (A), by striking ``(A) Officers and + employees may not be appointed until the Foundation has + sufficient funds to pay them for their service. Officers'' + and inserting the following: + ``(A) In general.--Officers''; and + (ii) by striking subparagraph (B) and inserting the + following: + ``(B) Executive director.--The Foundation shall have an + Executive Director who shall be-- + ``(i) appointed by, and serve at the direction of, the + Board as the chief executive officer of the Foundation; and + ``(ii) knowledgeable and experienced in matters + relating to fish and wildlife conservation.''. + (2) Conforming amendment.--Section 4(a)(1)(B) of the North + American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is + amended by striking ``Secretary of the Board'' and inserting + ``Executive Director of the Board''. (b) Rights and Obligations of Foundation.--Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended-- - (1) in subsection (c)-- - (A) by striking ``(c) Powers.--To carry out its - purposes under'' and inserting the following: + (1) in subsection (c)-- + (A) by striking ``(c) Powers.--To carry out its purposes + under'' and inserting the following: ``(c) Powers.-- - ``(1) In general.--To carry out the purposes described - in''; - (B) by redesignating paragraphs (1) through (11) as - subparagraphs (A) through (K), respectively, and - indenting appropriately; - (C) in subparagraph (D) (as redesignated by - subparagraph (B)), by striking ``that are insured by an - agency or instrumentality of the United States'' and - inserting ``at 1 or more financial institutions that - are members of the Federal Deposit Insurance - Corporation or the Securities Investment Protection - Corporation''; - (D) in subparagraph (E) (as redesignated by - subparagraph (B)), by striking ``paragraph (3) or (4)'' - and inserting ``subparagraph (C) or (D)''; - (E) in subparagraph (J) (as redesignated by - subparagraph (B)), by striking ``and'' at the end; - (F) by striking subparagraph (K) (as redesignated - by subparagraph (B)) and inserting the following: - ``(K) to receive and administer restitution and - community service payments, amounts for mitigation of - impacts to natural resources, and other amounts arising - from legal, regulatory, or administrative proceedings, - subject to the condition that the amounts are received - or administered for purposes that further the - conservation and management of fish, wildlife, plants, - and other natural resources; and - ``(L) to do acts necessary to carry out the - purposes of the Foundation.''; and - (G) by striking the undesignated matter at the end - and inserting the following: - ``(2) Treatment of real property.-- - ``(A) In general.--For purposes of this Act, an - interest in real property shall be treated as including - easements or other rights for preservation, - conservation, protection, or enhancement by and for the - public of natural, scenic, historic, scientific, - educational, inspirational, or recreational resources. - ``(B) Encumbered real property.--A gift, devise, or - bequest may be accepted by the Foundation even though - the gift, devise, or bequest is encumbered, restricted, - or subject to beneficial interests of private persons - if any current or future interest in the gift, devise, - or bequest is for the benefit of the Foundation. - ``(3) Savings clause.--The acceptance and administration of - amounts by the Foundation under paragraph (1)(K) does not - alter, supersede, or limit any regulatory or statutory - requirement associated with those amounts.''; - (2) by striking subsections (f) and (g); and - (3) by redesignating subsections (h) and (i) as subsections - (f) and (g), respectively. + ``(1) In general.--To carry out the purposes described in''; + (B) by redesignating paragraphs (1) through (11) as + subparagraphs (A) through (K), respectively, and indenting + appropriately; + (C) in subparagraph (D) (as redesignated by subparagraph + (B)), by striking ``that are insured by an agency or + instrumentality of the United States'' and inserting ``at 1 or + more financial institutions that are members of the Federal + Deposit Insurance Corporation or the Securities Investment + Protection Corporation''; + (D) in subparagraph (E) (as redesignated by subparagraph + (B)), by striking ``paragraph (3) or (4)'' and inserting + ``subparagraph (C) or (D)''; + (E) in subparagraph (J) (as redesignated by subparagraph + (B)), by striking ``and'' at the end; + (F) by striking subparagraph (K) (as redesignated by + subparagraph (B)) and inserting the following: + ``(K) to receive and administer restitution and community + service payments, amounts for mitigation of impacts to natural + resources, and other amounts arising from legal, regulatory, or + administrative proceedings, subject to the condition that the + amounts are received or administered for purposes that further + the conservation and management of fish, wildlife, plants, and + other natural resources; and + ``(L) to do acts necessary to carry out the purposes of the + Foundation.''; and + (G) by striking the undesignated matter at the end and + inserting the following: + ``(2) Treatment of real property.-- + ``(A) In general.--For purposes of this Act, an interest in + real property shall be treated as including easements or other + rights for preservation, conservation, protection, or + enhancement by and for the public of natural, scenic, historic, + scientific, educational, inspirational, or recreational + resources. + ``(B) Encumbered real property.--A gift, devise, or bequest + may be accepted by the Foundation even though the gift, devise, + or bequest is encumbered, restricted, or subject to beneficial + interests of private persons if any current or future interest + in the gift, devise, or bequest is for the benefit of the + Foundation. + ``(3) Savings clause.--The acceptance and administration of + amounts by the Foundation under paragraph (1)(K) does not alter, + supersede, or limit any regulatory or statutory requirement + associated with those amounts.''; + (2) by striking subsections (f) and (g); and + (3) by redesignating subsections (h) and (i) as subsections (f) + and (g), respectively. (c) Authorization of Appropriations.--Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended-- - (1) in subsection (a), by striking paragraph (1) and - inserting the following: - ``(1) In general.--There are authorized to be appropriated - to carry out this Act for each of fiscal years 2021 through - 2025-- - ``(A) $15,000,000 to the Secretary of the Interior; - ``(B) $5,000,000 to the Secretary of Agriculture; - and - ``(C) $5,000,000 to the Secretary of Commerce.''; - (2) in subsection (b)-- - (A) by striking paragraph (1) and inserting the - following: - ``(1) Amounts from federal agencies.-- - ``(A) In general.--In addition to the amounts - authorized to be appropriated under subsection (a), - Federal departments, agencies, or instrumentalities are - authorized to provide funds to the Foundation through - Federal financial assistance grants and cooperative - agreements, subject to the condition that the amounts - are used for purposes that further the conservation and - management of fish, wildlife, plants, and other natural - resources in accordance with this Act. - ``(B) Advances.--Federal departments, agencies, or - instrumentalities may advance amounts described in - subparagraph (A) to the Foundation in a lump sum - without regard to when the expenses for which the - amounts are used are incurred. - ``(C) Management fees.--The Foundation may assess - and collect fees for the management of amounts received - under this paragraph.''; - (B) in paragraph (2)-- - (i) in the paragraph heading, by striking - ``funds'' and inserting ``amounts''; - (ii) by striking ``shall be used'' and - inserting ``may be used''; and - (iii) by striking ``and State and local - government agencies'' and inserting ``, State - and local government agencies, and other - entities''; and - (C) by adding at the end the following: - ``(3) Administration of amounts.-- - ``(A) In general.--In entering into contracts, - agreements, or other partnerships pursuant to this Act, - a Federal department, agency, or instrumentality shall - have discretion to waive any competitive process - applicable to the department, agency, or - instrumentality for entering into contracts, - agreements, or partnerships with the Foundation if the - purpose of the waiver is-- - ``(i) to address an environmental emergency - resulting from a natural or other disaster; or - ``(ii) as determined by the head of the - applicable Federal department, agency, or - instrumentality, to reduce administrative - expenses and expedite the conservation and - management of fish, wildlife, plants, and other - natural resources. - ``(B) Reports.--The Foundation shall include in the - annual report submitted under section 7(b) a - description of any use of the authority under - subparagraph (A) by a Federal department, agency, or - instrumentality in that fiscal year.''; and - (3) by adding at the end the following: + (1) in subsection (a), by striking paragraph (1) and inserting + the following: + ``(1) In general.--There are authorized to be appropriated to + carry out this Act for each of fiscal years 2021 through 2025-- + ``(A) $15,000,000 to the Secretary of the Interior; + ``(B) $5,000,000 to the Secretary of Agriculture; and + ``(C) $5,000,000 to the Secretary of Commerce.''; + (2) in subsection (b)-- + (A) by striking paragraph (1) and inserting the following: + ``(1) Amounts from federal agencies.-- + ``(A) In general.--In addition to the amounts authorized to + be appropriated under subsection (a), Federal departments, + agencies, or instrumentalities are authorized to provide funds + to the Foundation through Federal financial assistance grants + and cooperative agreements, subject to the condition that the + amounts are used for purposes that further the conservation and + management of fish, wildlife, plants, and other natural + resources in accordance with this Act. + ``(B) Advances.--Federal departments, agencies, or + instrumentalities may advance amounts described in subparagraph + (A) to the Foundation in a lump sum without regard to when the + expenses for which the amounts are used are incurred. + ``(C) Management fees.--The Foundation may assess and + collect fees for the management of amounts received under this + paragraph.''; + (B) in paragraph (2)-- + (i) in the paragraph heading, by striking ``funds'' and + inserting ``amounts''; + (ii) by striking ``shall be used'' and inserting ``may + be used''; and + (iii) by striking ``and State and local government + agencies'' and inserting ``, State and local government + agencies, and other entities''; and + (C) by adding at the end the following: + ``(3) Administration of amounts.-- + ``(A) In general.--In entering into contracts, agreements, + or other partnerships pursuant to this Act, a Federal + department, agency, or instrumentality shall have discretion to + waive any competitive process applicable to the department, + agency, or instrumentality for entering into contracts, + agreements, or partnerships with the Foundation if the purpose + of the waiver is-- + ``(i) to address an environmental emergency resulting + from a natural or other disaster; or + ``(ii) as determined by the head of the applicable + Federal department, agency, or instrumentality, to reduce + administrative expenses and expedite the conservation and + management of fish, wildlife, plants, and other natural + resources. + ``(B) Reports.--The Foundation shall include in the annual + report submitted under section 7(b) a description of any use of + the authority under subparagraph (A) by a Federal department, + agency, or instrumentality in that fiscal year.''; and + (3) by adding at the end the following: ``(d) Use of Gifts, Devises, or Bequests of Money or Other Property.--Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, @@ -946,10 +849,8 @@ management of fish, wildlife, plants, and other natural resources.''. (d) Limitation on Authority.--Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by inserting ``exclusive'' before ``authority''. - -SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER - TOXIC SUBSTANCES CONTROL ACT. - + SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT + UNDER TOXIC SUBSTANCES CONTROL ACT. (a) Prohibition.--During the 5-year period beginning on the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall not take any action to regulate the lead @@ -963,625 +864,560 @@ such term is defined in section 4162(a) of the Internal Revenue Code of 4161(a) of such Code (determined without regard to any exemptions from such tax provided by section 4162 or 4221 or any other provision of such Code). - -SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM. - + SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is amended by striking subsection (j) and inserting the following: ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- - ``(1) for fiscal year 2021, $90,000,000; - ``(2) for fiscal year 2022, $90,500,000; - ``(3) for fiscal year 2023, $91,000,000; - ``(4) for fiscal year 2024, $91,500,000; and - ``(5) for fiscal year 2025, $92,000,000.''. - -SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998. - + ``(1) for fiscal year 2021, $90,000,000; + ``(2) for fiscal year 2022, $90,500,000; + ``(3) for fiscal year 2023, $91,000,000; + ``(4) for fiscal year 2024, $91,500,000; and + ``(5) for fiscal year 2025, $92,000,000.''. + SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998. Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public Law 105-312) is amended by striking ``2019'' and inserting ``2025''. - -SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE. - + SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE. (a) Definitions.--In this section: - (1) Chesapeake bay agreements.--The term ``Chesapeake Bay - agreements'' means the formal, voluntary agreements-- - (A) executed to achieve the goal of restoring and - protecting the Chesapeake Bay watershed ecosystem and - the living resources of the Chesapeake Bay watershed - ecosystem; and - (B) signed by the Chesapeake Executive Council. - (2) Chesapeake bay program.--The term ``Chesapeake Bay - program'' means the program directed by the Chesapeake - Executive Council in accordance with the Chesapeake Bay - agreements. - (3) Chesapeake bay watershed.--The term ``Chesapeake Bay - watershed'' means the region that covers-- - (A) the Chesapeake Bay; - (B) the portions of the States of Delaware, - Maryland, New York, Pennsylvania, Virginia, and West - Virginia that drain into the Chesapeake Bay; and - (C) the District of Columbia. - (4) Chesapeake executive council.--The term ``Chesapeake - Executive Council'' means the council comprised of-- - (A) the Governors of each of the States of - Delaware, Maryland, New York, Pennsylvania, Virginia, - and West Virginia; - (B) the Mayor of the District of Columbia; - (C) the Chair of the Chesapeake Bay Commission; and - (D) the Administrator of the Environmental - Protection Agency. - (5) Chesapeake wild program.--The term ``Chesapeake WILD - program'' means the nonregulatory program established by the - Secretary under subsection (b)(1). - (6) Grant program.--The term ``grant program'' means the - Chesapeake Watershed Investments for Landscape Defense grant - program established by the Secretary under subsection (c)(1). - (7) Restoration and protection activity.--The term - ``restoration and protection activity'' means an activity - carried out for the conservation, stewardship, and enhancement - of habitat for fish and wildlife-- - (A) to preserve and improve ecosystems and - ecological processes on which the fish and wildlife - depend; and - (B) for use and enjoyment by the public. - (8) Secretary.--The term ``Secretary'' means the Secretary - of the Interior, acting through the Director of the United - States Fish and Wildlife Service. + (1) Chesapeake bay agreements.--The term ``Chesapeake Bay + agreements'' means the formal, voluntary agreements-- + (A) executed to achieve the goal of restoring and + protecting the Chesapeake Bay watershed ecosystem and the + living resources of the Chesapeake Bay watershed ecosystem; and + (B) signed by the Chesapeake Executive Council. + (2) Chesapeake bay program.--The term ``Chesapeake Bay + program'' means the program directed by the Chesapeake Executive + Council in accordance with the Chesapeake Bay agreements. + (3) Chesapeake bay watershed.--The term ``Chesapeake Bay + watershed'' means the region that covers-- + (A) the Chesapeake Bay; + (B) the portions of the States of Delaware, Maryland, New + York, Pennsylvania, Virginia, and West Virginia that drain into + the Chesapeake Bay; and + (C) the District of Columbia. + (4) Chesapeake executive council.--The term ``Chesapeake + Executive Council'' means the council comprised of-- + (A) the Governors of each of the States of Delaware, + Maryland, New York, Pennsylvania, Virginia, and West Virginia; + (B) the Mayor of the District of Columbia; + (C) the Chair of the Chesapeake Bay Commission; and + (D) the Administrator of the Environmental Protection + Agency. + (5) Chesapeake wild program.--The term ``Chesapeake WILD + program'' means the nonregulatory program established by the + Secretary under subsection (b)(1). + (6) Grant program.--The term ``grant program'' means the + Chesapeake Watershed Investments for Landscape Defense grant + program established by the Secretary under subsection (c)(1). + (7) Restoration and protection activity.--The term + ``restoration and protection activity'' means an activity carried + out for the conservation, stewardship, and enhancement of habitat + for fish and wildlife-- + (A) to preserve and improve ecosystems and ecological + processes on which the fish and wildlife depend; and + (B) for use and enjoyment by the public. + (8) Secretary.--The term ``Secretary'' means the Secretary of + the Interior, acting through the Director of the United States Fish + and Wildlife Service. (b) Program Establishment.-- - (1) Establishment.--Not later than 180 days after the date - of enactment of this Act, the Secretary shall establish a - nonregulatory program, to be known as the ``Chesapeake - Watershed Investments for Landscape Defense program''. - (2) Purposes.--The purposes of the Chesapeake WILD program - are-- - (A) coordinating restoration and protection - activities among Federal, State, local, and regional - entities and conservation partners throughout the - Chesapeake Bay watershed; - (B) engaging other agencies and organizations to - build a broader range of partner support, capacity, and - potential funding for projects in the Chesapeake Bay - watershed; - (C) carrying out coordinated restoration and - protection activities, and providing for technical - assistance, throughout the Chesapeake Bay watershed-- - (i) to sustain and enhance restoration and - protection activities; - (ii) to improve and maintain water quality - to support fish and wildlife, habitats of fish - and wildlife, and drinking water for people; - (iii) to sustain and enhance water - management for volume and flood damage - mitigation improvements to benefit fish and - wildlife habitat; - (iv) to improve opportunities for public - access and recreation in the Chesapeake Bay - watershed consistent with the ecological needs - of fish and wildlife habitat; - (v) to facilitate strategic planning to - maximize the resilience of natural ecosystems - and habitats under changing watershed - conditions; - (vi) to engage the public through outreach, - education, and citizen involvement to increase - capacity and support for coordinated - restoration and protection activities in the - Chesapeake Bay watershed; - (vii) to sustain and enhance vulnerable - communities and fish and wildlife habitat; - (viii) to conserve and restore fish, - wildlife, and plant corridors; and - (ix) to increase scientific capacity to - support the planning, monitoring, and research - activities necessary to carry out coordinated - restoration and protection activities. - (3) Duties.--In carrying out the Chesapeake WILD program, - the Secretary shall-- - (A) draw on existing plans for the Chesapeake Bay - watershed, or portions of the Chesapeake Bay watershed, - including the Chesapeake Bay agreements, and work in - consultation with applicable management entities, - including Chesapeake Bay program partners, such as the - Federal Government, State and local governments, the - Chesapeake Bay Commission, and other regional - organizations, as appropriate, to identify, prioritize, - and implement restoration and protection activities - within the Chesapeake Bay watershed; - (B) adopt a Chesapeake Bay watershed-wide strategy - that-- - (i) supports the implementation of a shared - set of science-based restoration and protection - activities developed in accordance with - subparagraph (A); and - (ii) targets cost-effective projects with - measurable results; and - (C) establish the grant program in accordance with - subsection (c). - (4) Coordination.--In establishing the Chesapeake WILD - program, the Secretary shall consult, as appropriate, with-- - (A) the heads of Federal agencies, including-- - (i) the Administrator of the Environmental - Protection Agency; - (ii) the Administrator of the National - Oceanic and Atmospheric Administration; - (iii) the Chief of the Natural Resources - Conservation Service; - (iv) the Chief of Engineers; - (v) the Director of the United States - Geological Survey; - (vi) the Secretary of Transportation; - (vii) the Chief of the Forest Service; and - (viii) the head of any other applicable - agency; - (B) the Governors of each of the States of - Delaware, Maryland, New York, Pennsylvania, Virginia, - and West Virginia and the Mayor of the District of - Columbia; - (C) fish and wildlife joint venture partnerships; - and - (D) other public agencies and organizations with - authority for the planning and implementation of - conservation strategies in the Chesapeake Bay - watershed. + (1) Establishment.--Not later than 180 days after the date of + enactment of this Act, the Secretary shall establish a + nonregulatory program, to be known as the ``Chesapeake Watershed + Investments for Landscape Defense program''. + (2) Purposes.--The purposes of the Chesapeake WILD program + are-- + (A) coordinating restoration and protection activities + among Federal, State, local, and regional entities and + conservation partners throughout the Chesapeake Bay watershed; + (B) engaging other agencies and organizations to build a + broader range of partner support, capacity, and potential + funding for projects in the Chesapeake Bay watershed; + (C) carrying out coordinated restoration and protection + activities, and providing for technical assistance, throughout + the Chesapeake Bay watershed-- + (i) to sustain and enhance restoration and protection + activities; + (ii) to improve and maintain water quality to support + fish and wildlife, habitats of fish and wildlife, and + drinking water for people; + (iii) to sustain and enhance water management for + volume and flood damage mitigation improvements to benefit + fish and wildlife habitat; + (iv) to improve opportunities for public access and + recreation in the Chesapeake Bay watershed consistent with + the ecological needs of fish and wildlife habitat; + (v) to facilitate strategic planning to maximize the + resilience of natural ecosystems and habitats under + changing watershed conditions; + (vi) to engage the public through outreach, education, + and citizen involvement to increase capacity and support + for coordinated restoration and protection activities in + the Chesapeake Bay watershed; + (vii) to sustain and enhance vulnerable communities and + fish and wildlife habitat; + (viii) to conserve and restore fish, wildlife, and + plant corridors; and + (ix) to increase scientific capacity to support the + planning, monitoring, and research activities necessary to + carry out coordinated restoration and protection + activities. + (3) Duties.--In carrying out the Chesapeake WILD program, the + Secretary shall-- + (A) draw on existing plans for the Chesapeake Bay + watershed, or portions of the Chesapeake Bay watershed, + including the Chesapeake Bay agreements, and work in + consultation with applicable management entities, including + Chesapeake Bay program partners, such as the Federal + Government, State and local governments, the Chesapeake Bay + Commission, and other regional organizations, as appropriate, + to identify, prioritize, and implement restoration and + protection activities within the Chesapeake Bay watershed; + (B) adopt a Chesapeake Bay watershed-wide strategy that-- + (i) supports the implementation of a shared set of + science-based restoration and protection activities + developed in accordance with subparagraph (A); and + (ii) targets cost-effective projects with measurable + results; and + (C) establish the grant program in accordance with + subsection (c). + (4) Coordination.--In establishing the Chesapeake WILD program, + the Secretary shall consult, as appropriate, with-- + (A) the heads of Federal agencies, including-- + (i) the Administrator of the Environmental Protection + Agency; + (ii) the Administrator of the National Oceanic and + Atmospheric Administration; + (iii) the Chief of the Natural Resources Conservation + Service; + (iv) the Chief of Engineers; + (v) the Director of the United States Geological + Survey; + (vi) the Secretary of Transportation; + (vii) the Chief of the Forest Service; and + (viii) the head of any other applicable agency; + (B) the Governors of each of the States of Delaware, + Maryland, New York, Pennsylvania, Virginia, and West Virginia + and the Mayor of the District of Columbia; + (C) fish and wildlife joint venture partnerships; and + (D) other public agencies and organizations with authority + for the planning and implementation of conservation strategies + in the Chesapeake Bay watershed. (c) Grants and Technical Assistance.-- - (1) Chesapeake wild grant program.--To the extent that - funds are made available to carry out this subsection, the - Secretary shall establish and carry out, as part of the - Chesapeake WILD program, a voluntary grant and technical - assistance program, to be known as the ``Chesapeake Watershed - Investments for Landscape Defense grant program'', to provide - competitive matching grants of varying amounts and technical - assistance to eligible entities described in paragraph (2) to - carry out activities described in subsection (b)(2). - (2) Eligible entities.--The following entities are eligible - to receive a grant and technical assistance under the grant - program: - (A) A State. - (B) The District of Columbia. - (C) A unit of local government. - (D) A nonprofit organization. - (E) An institution of higher education as such term - is defined in section 101(a) of the Higher Education - Act of 1965 (20 U.S.C. 1001(a)). - (F) Any other entity that the Secretary determines - to be appropriate in accordance with the criteria - established under paragraph (3). - (3) Criteria.--The Secretary, in consultation with - officials and entities described in subsection (b)(4), shall - establish criteria for the grant program to help ensure that - activities funded under this subsection-- - (A) accomplish 1 or more of the purposes described - in subsection (b)(2); and - (B) advance the implementation of priority actions - or needs identified in the Chesapeake Bay watershed- - wide strategy adopted under subsection (b)(3)(B). - (4) Cost sharing.-- - (A) Department of the interior share.--The - Department of the Interior share of the cost of a - project funded under the grant program shall not exceed - 50 percent of the total cost of the project, as - determined by the Secretary. - (B) Non-department of the interior share.-- - (i) In general.--The non-Department of the - Interior share of the cost of a project funded - under the grant program may be provided in cash - or in the form of an in-kind contribution of - services or materials. - (ii) Other federal funding.--Non-Department - of the Interior Federal funds may be used for - not more than 25 percent of the total cost of a - project funded under the grant program. - (5) Administration.--The Secretary may enter into an - agreement to manage the grant program with an organization that - offers grant management services. + (1) Chesapeake wild grant program.--To the extent that funds + are made available to carry out this subsection, the Secretary + shall establish and carry out, as part of the Chesapeake WILD + program, a voluntary grant and technical assistance program, to be + known as the ``Chesapeake Watershed Investments for Landscape + Defense grant program'', to provide competitive matching grants of + varying amounts and technical assistance to eligible entities + described in paragraph (2) to carry out activities described in + subsection (b)(2). + (2) Eligible entities.--The following entities are eligible to + receive a grant and technical assistance under the grant program: + (A) A State. + (B) The District of Columbia. + (C) A unit of local government. + (D) A nonprofit organization. + (E) An institution of higher education as such term is + defined in section 101(a) of the Higher Education Act of 1965 + (20 U.S.C. 1001(a)). + (F) Any other entity that the Secretary determines to be + appropriate in accordance with the criteria established under + paragraph (3). + (3) Criteria.--The Secretary, in consultation with officials + and entities described in subsection (b)(4), shall establish + criteria for the grant program to help ensure that activities + funded under this subsection-- + (A) accomplish 1 or more of the purposes described in + subsection (b)(2); and + (B) advance the implementation of priority actions or needs + identified in the Chesapeake Bay watershed-wide strategy + adopted under subsection (b)(3)(B). + (4) Cost sharing.-- + (A) Department of the interior share.--The Department of + the Interior share of the cost of a project funded under the + grant program shall not exceed 50 percent of the total cost of + the project, as determined by the Secretary. + (B) Non-department of the interior share.-- + (i) In general.--The non-Department of the Interior + share of the cost of a project funded under the grant + program may be provided in cash or in the form of an in- + kind contribution of services or materials. + (ii) Other federal funding.--Non-Department of the + Interior Federal funds may be used for not more than 25 + percent of the total cost of a project funded under the + grant program. + (5) Administration.--The Secretary may enter into an agreement + to manage the grant program with an organization that offers grant + management services. (d) Reporting.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the implementation of this section, including a description of each project that has received funding under this section. (e) Authorization of Appropriations.-- - (1) In general.--There is authorized to be appropriated to - carry out this section $15,000,000 for each of fiscal years - 2021 through 2025. - (2) Supplement, not supplant.--Funds made available under - paragraph (1) shall supplement, and not supplant, funding for - other activities conducted by the Secretary in the Chesapeake - Bay watershed. + (1) In general.--There is authorized to be appropriated to + carry out this section $15,000,000 for each of fiscal years 2021 + through 2025. + (2) Supplement, not supplant.--Funds made available under + paragraph (1) shall supplement, and not supplant, funding for other + activities conducted by the Secretary in the Chesapeake Bay + watershed. TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS -SEC. 201. PURPOSE. - + SEC. 201. PURPOSE. The purpose of this title is to encourage partnerships among public agencies and other interested persons to promote fish conservation-- - (1) to achieve measurable habitat conservation results - through strategic actions of Fish Habitat Partnerships that - lead to better fish habitat conditions and increased fishing - opportunities by-- - (A) improving ecological conditions; - (B) restoring natural processes; or - (C) preventing the decline of intact and healthy - systems; - (2) to establish a consensus set of national conservation - strategies as a framework to guide future actions and - investment by Fish Habitat Partnerships; - (3) to broaden the community of support for fish habitat - conservation by-- - (A) increasing fishing opportunities; - (B) fostering the participation of local - communities, especially young people in local - communities, in conservation activities; and - (C) raising public awareness of the role healthy - fish habitat play in the quality of life and economic - well-being of local communities; - (4) to fill gaps in the National Fish Habitat Assessment - and the associated database of the National Fish Habitat - Assessment-- - (A) to empower strategic conservation actions - supported by broadly available scientific information; - and - (B) to integrate socioeconomic data in the analysis - to improve the lives of humans in a manner consistent - with fish habitat conservation goals; and - (5) to communicate to the public and conservation - partners-- - (A) the conservation outcomes produced collectively - by Fish Habitat Partnerships; and - (B) new opportunities and voluntary approaches for - conserving fish habitat. - -SEC. 202. DEFINITIONS. - + (1) to achieve measurable habitat conservation results through + strategic actions of Fish Habitat Partnerships that lead to better + fish habitat conditions and increased fishing opportunities by-- + (A) improving ecological conditions; + (B) restoring natural processes; or + (C) preventing the decline of intact and healthy systems; + (2) to establish a consensus set of national conservation + strategies as a framework to guide future actions and investment by + Fish Habitat Partnerships; + (3) to broaden the community of support for fish habitat + conservation by-- + (A) increasing fishing opportunities; + (B) fostering the participation of local communities, + especially young people in local communities, in conservation + activities; and + (C) raising public awareness of the role healthy fish + habitat play in the quality of life and economic well-being of + local communities; + (4) to fill gaps in the National Fish Habitat Assessment and + the associated database of the National Fish Habitat Assessment-- + (A) to empower strategic conservation actions supported by + broadly available scientific information; and + (B) to integrate socioeconomic data in the analysis to + improve the lives of humans in a manner consistent with fish + habitat conservation goals; and + (5) to communicate to the public and conservation partners-- + (A) the conservation outcomes produced collectively by Fish + Habitat Partnerships; and + (B) new opportunities and voluntary approaches for + conserving fish habitat. + SEC. 202. DEFINITIONS. In this title: - (1) Appropriate congressional committees.--The term - ``appropriate congressional committees'' means-- - (A) the Committee on Commerce, Science, and - Transportation and the Committee on Environment and - Public Works of the Senate; and - (B) the Committee on Natural Resources of the House - of Representatives. - (2) Board.--The term ``Board'' means the National Fish - Habitat Board established by section 203. - (3) Director.--The term ``Director'' means the Director of - the United States Fish and Wildlife Service. - (4) Environmental protection agency assistant - administrator.--The term ``Environmental Protection Agency - Assistant Administrator'' means the Assistant Administrator for - Water of the Environmental Protection Agency. - (5) Indian tribe.--The term ``Indian Tribe'' has the - meaning given to the term ``Indian tribe'' in section 4 of the - Indian Self-Determination and Education Assistance Act (25 - U.S.C. 5304). - (6) National oceanic and atmospheric administration - assistant administrator.--The term ``National Oceanic and - Atmospheric Administration Assistant Administrator'' means the - Assistant Administrator for Fisheries of the National Oceanic - and Atmospheric Administration. - (7) Partnership.--The term ``Partnership'' means an entity - designated by Congress as a Fish Habitat Partnership under - section 204. - (8) Real property interest.--The term ``real property - interest'' means an ownership interest in-- - (A) land; or - (B) water (including water rights). - (9) Marine fisheries commissions.--The term ``Marine - Fisheries Commissions'' means-- - (A) the Atlantic States Marine Fisheries - Commission; - (B) the Gulf States Marine Fisheries Commission; - and - (C) the Pacific States Marine Commission. - (10) Secretary.--The term ``Secretary'' means the Secretary - of the Interior. - (11) State.--The term ``State'' means each of the several - States, Puerto Rico, American Samoa, Guam, the Northern Mariana - Islands, the United States Virgin Islands, and the District of - Columbia. - (12) State agency.--The term ``State agency'' means-- - (A) the fish and wildlife agency of a State; and - (B) any department or division of a department or - agency of a State that manages in the public trust the - inland or marine fishery resources of the State or - sustains the habitat for those fishery resources - pursuant to State law or the constitution of the State. - -SEC. 203. NATIONAL FISH HABITAT BOARD. - + (1) Appropriate congressional committees.--The term + ``appropriate congressional committees'' means-- + (A) the Committee on Commerce, Science, and Transportation + and the Committee on Environment and Public Works of the + Senate; and + (B) the Committee on Natural Resources of the House of + Representatives. + (2) Board.--The term ``Board'' means the National Fish Habitat + Board established by section 203. + (3) Director.--The term ``Director'' means the Director of the + United States Fish and Wildlife Service. + (4) Environmental protection agency assistant administrator.-- + The term ``Environmental Protection Agency Assistant + Administrator'' means the Assistant Administrator for Water of the + Environmental Protection Agency. + (5) Indian tribe.--The term ``Indian Tribe'' has the meaning + given to the term ``Indian tribe'' in section 4 of the Indian Self- + Determination and Education Assistance Act (25 U.S.C. 5304). + (6) National oceanic and atmospheric administration assistant + administrator.--The term ``National Oceanic and Atmospheric + Administration Assistant Administrator'' means the Assistant + Administrator for Fisheries of the National Oceanic and Atmospheric + Administration. + (7) Partnership.--The term ``Partnership'' means an entity + designated by Congress as a Fish Habitat Partnership under section + 204. + (8) Real property interest.--The term ``real property + interest'' means an ownership interest in-- + (A) land; or + (B) water (including water rights). + (9) Marine fisheries commissions.--The term ``Marine Fisheries + Commissions'' means-- + (A) the Atlantic States Marine Fisheries Commission; + (B) the Gulf States Marine Fisheries Commission; and + (C) the Pacific States Marine Commission. + (10) Secretary.--The term ``Secretary'' means the Secretary of + the Interior. + (11) State.--The term ``State'' means each of the several + States, Puerto Rico, American Samoa, Guam, the Northern Mariana + Islands, the United States Virgin Islands, and the District of + Columbia. + (12) State agency.--The term ``State agency'' means-- + (A) the fish and wildlife agency of a State; and + (B) any department or division of a department or agency of + a State that manages in the public trust the inland or marine + fishery resources of the State or sustains the habitat for + those fishery resources pursuant to State law or the + constitution of the State. + SEC. 203. NATIONAL FISH HABITAT BOARD. (a) Establishment.-- - (1) Fish habitat board.--There is established a board, to - be known as the ``National Fish Habitat Board'', whose duties - are-- - (A) to promote, oversee, and coordinate the - implementation of this title; - (B) to establish national goals and priorities for - fish habitat conservation; - (C) to recommend to Congress entities for - designation as Partnerships; and - (D) to review and make recommendations regarding - fish habitat conservation projects. - (2) Membership.--The Board shall be composed of 26 members, - of whom-- - (A) 1 shall be a representative of the Department - of the Interior; - (B) 1 shall be a representative of the United - States Geological Survey; - (C) 1 shall be a representative of the Department - of Commerce; - (D) 1 shall be a representative of the Department - of Agriculture; - (E) 1 shall be a representative of the Association - of Fish and Wildlife Agencies; - (F) 4 shall be representatives of State agencies, 1 - of whom shall be nominated by a regional association of - fish and wildlife agencies from each of the Northeast, - Southeast, Midwest, and Western regions of the United - States; - (G) 2 shall be representatives of either-- - (i) Indian Tribes in the State of Alaska; - or - (ii) Indian Tribes in States other than the - State of Alaska; - (H) 1 shall be a representative of either-- - (i) the Regional Fishery Management - Councils established under section 302 of the - Magnuson-Stevens Fishery Conservation and - Management Act (16 U.S.C. 1852); or - (ii) a representative of the Marine - Fisheries Commissions; - (I) 1 shall be a representative of the Sport - Fishing and Boating Partnership Council; - (J) 7 shall be representatives selected from at - least one from each of the following: - (i) the recreational sportfishing industry; - (ii) the commercial fishing industry; - (iii) marine recreational anglers; - (iv) freshwater recreational anglers; - (v) habitat conservation organizations; and - (vi) science-based fishery organizations; - (K) 1 shall be a representative of a national - private landowner organization; - (L) 1 shall be a representative of an agricultural - production organization; - (M) 1 shall be a representative of local government - interests involved in fish habitat restoration; - (N) 2 shall be representatives from different - sectors of corporate industries, which may include-- - (i) natural resource commodity interests, - such as petroleum or mineral extraction; - (ii) natural resource user industries; and - (iii) industries with an interest in fish - and fish habitat conservation; and - (O) 1 shall be an individual in a leadership - position in the private sector or landowner - representative of an active partnership. - (3) Compensation.--A member of the Board shall serve - without compensation. - (4) Travel expenses.--A member of the Board may be allowed - travel expenses, including per diem in lieu of subsistence, at - rates authorized for an employee of an agency under subchapter - I of chapter 57 of title 5, United States Code, while away from - the home or regular place of business of the member in the - performance of the duties of the Board. + (1) Fish habitat board.--There is established a board, to be + known as the ``National Fish Habitat Board'', whose duties are-- + (A) to promote, oversee, and coordinate the implementation + of this title; + (B) to establish national goals and priorities for fish + habitat conservation; + (C) to recommend to Congress entities for designation as + Partnerships; and + (D) to review and make recommendations regarding fish + habitat conservation projects. + (2) Membership.--The Board shall be composed of 26 members, of + whom-- + (A) 1 shall be a representative of the Department of the + Interior; + (B) 1 shall be a representative of the United States + Geological Survey; + (C) 1 shall be a representative of the Department of + Commerce; + (D) 1 shall be a representative of the Department of + Agriculture; + (E) 1 shall be a representative of the Association of Fish + and Wildlife Agencies; + (F) 4 shall be representatives of State agencies, 1 of whom + shall be nominated by a regional association of fish and + wildlife agencies from each of the Northeast, Southeast, + Midwest, and Western regions of the United States; + (G) 2 shall be representatives of either-- + (i) Indian Tribes in the State of Alaska; or + (ii) Indian Tribes in States other than the State of + Alaska; + (H) 1 shall be a representative of either-- + (i) the Regional Fishery Management Councils + established under section 302 of the Magnuson-Stevens + Fishery Conservation and Management Act (16 U.S.C. 1852); + or + (ii) a representative of the Marine Fisheries + Commissions; + (I) 1 shall be a representative of the Sport Fishing and + Boating Partnership Council; + (J) 7 shall be representatives selected from at least one + from each of the following: + (i) the recreational sportfishing industry; + (ii) the commercial fishing industry; + (iii) marine recreational anglers; + (iv) freshwater recreational anglers; + (v) habitat conservation organizations; and + (vi) science-based fishery organizations; + (K) 1 shall be a representative of a national private + landowner organization; + (L) 1 shall be a representative of an agricultural + production organization; + (M) 1 shall be a representative of local government + interests involved in fish habitat restoration; + (N) 2 shall be representatives from different sectors of + corporate industries, which may include-- + (i) natural resource commodity interests, such as + petroleum or mineral extraction; + (ii) natural resource user industries; and + (iii) industries with an interest in fish and fish + habitat conservation; and + (O) 1 shall be an individual in a leadership position in + the private sector or landowner representative of an active + partnership. + (3) Compensation.--A member of the Board shall serve without + compensation. + (4) Travel expenses.--A member of the Board may be allowed + travel expenses, including per diem in lieu of subsistence, at + rates authorized for an employee of an agency under subchapter I of + chapter 57 of title 5, United States Code, while away from the home + or regular place of business of the member in the performance of + the duties of the Board. (b) Appointment and Terms.-- - (1) In general.--Except as otherwise provided in this - section, a member of the Board described in any of - subparagraphs (F) through (O) of subsection (a)(2) shall serve - for a term of 3 years. - (2) Initial board membership.-- - (A) In general.--The initial Board shall consist of - representatives as described in subparagraphs (A) - through (F) of subsection (a)(2). - (B) Remaining members.--Not later than 60 days - after the date of enactment of this Act, the - representatives of the initial Board under subparagraph - (A) shall appoint the remaining members of the Board - described in subparagraphs (H) through (O) of - subsection (a)(2). - (C) Tribal representatives.--Not later than 60 days - after the enactment of this Act, the Secretary shall - provide to the Board a recommendation of not fewer than - three Tribal representatives, from which the Board - shall appoint one representative pursuant to - subparagraph (G) of subsection (a)(2). - (3) Staggered terms.--Of the members described in - subsection (a)(2)(J) initially appointed to the Board-- - (A) two shall be appointed for a term of 1 year; - (B) two shall be appointed for a term of 2 years; - and - (C) three shall be appointed for a term of 3 years. - (4) Vacancies.-- - (A) In general.--A vacancy of a member of the Board - described in subparagraph (H), (I), (J), (K), (L), (M), - (N), or (O) of subsection (a)(2) shall be filled by an - appointment made by the remaining members of the Board. - (B) Tribal representatives.--Following a vacancy of - a member of the Board described in subparagraph (G) of - subsection (a)(2), the Secretary shall recommend to the - Board a list of not fewer than three Tribal - representatives, from which the remaining members of - the Board shall appoint a representative to fill the - vacancy. - (5) Continuation of service.--An individual whose term of - service as a member of the Board expires may continue to serve - on the Board until a successor is appointed. - (6) Removal.--If a member of the Board described in any of - subparagraphs (H) through (O) of subparagraph (a)(2) misses - three consecutive regularly scheduled Board meetings, the - members of the Board may-- - (A) vote to remove that member; and - (B) appoint another individual in accordance with - paragraph (4). + (1) In general.--Except as otherwise provided in this section, + a member of the Board described in any of subparagraphs (F) through + (O) of subsection (a)(2) shall serve for a term of 3 years. + (2) Initial board membership.-- + (A) In general.--The initial Board shall consist of + representatives as described in subparagraphs (A) through (F) + of subsection (a)(2). + (B) Remaining members.--Not later than 60 days after the + date of enactment of this Act, the representatives of the + initial Board under subparagraph (A) shall appoint the + remaining members of the Board described in subparagraphs (H) + through (O) of subsection (a)(2). + (C) Tribal representatives.--Not later than 60 days after + the enactment of this Act, the Secretary shall provide to the + Board a recommendation of not fewer than three Tribal + representatives, from which the Board shall appoint one + representative pursuant to subparagraph (G) of subsection + (a)(2). + (3) Staggered terms.--Of the members described in subsection + (a)(2)(J) initially appointed to the Board-- + (A) two shall be appointed for a term of 1 year; + (B) two shall be appointed for a term of 2 years; and + (C) three shall be appointed for a term of 3 years. + (4) Vacancies.-- + (A) In general.--A vacancy of a member of the Board + described in subparagraph (H), (I), (J), (K), (L), (M), (N), or + (O) of subsection (a)(2) shall be filled by an appointment made + by the remaining members of the Board. + (B) Tribal representatives.--Following a vacancy of a + member of the Board described in subparagraph (G) of subsection + (a)(2), the Secretary shall recommend to the Board a list of + not fewer than three Tribal representatives, from which the + remaining members of the Board shall appoint a representative + to fill the vacancy. + (5) Continuation of service.--An individual whose term of + service as a member of the Board expires may continue to serve on + the Board until a successor is appointed. + (6) Removal.--If a member of the Board described in any of + subparagraphs (H) through (O) of subparagraph (a)(2) misses three + consecutive regularly scheduled Board meetings, the members of the + Board may-- + (A) vote to remove that member; and + (B) appoint another individual in accordance with paragraph + (4). (c) Chairperson.-- - (1) In general.--The representative of the Association of - Fish and Wildlife Agencies appointed under subsection (a)(2)(E) - shall serve as Chairperson of the Board. - (2) Term.--The Chairperson of the Board shall serve for a - term of 3 years. + (1) In general.--The representative of the Association of Fish + and Wildlife Agencies appointed under subsection (a)(2)(E) shall + serve as Chairperson of the Board. + (2) Term.--The Chairperson of the Board shall serve for a term + of 3 years. (d) Meetings.-- - (1) In general.--The Board shall meet-- - (A) at the call of the Chairperson; but - (B) not less frequently than twice each calendar - year. - (2) Public access.--All meetings of the Board shall be open - to the public. + (1) In general.--The Board shall meet-- + (A) at the call of the Chairperson; but + (B) not less frequently than twice each calendar year. + (2) Public access.--All meetings of the Board shall be open to + the public. (e) Procedures.-- - (1) In general.--The Board shall establish procedures to - carry out the business of the Board, including-- - (A) a requirement that a quorum of the members of - the Board be present to transact business; - (B) a requirement that no recommendations may be - adopted by the Board, except by the vote of two-thirds - of all members; - (C) procedures for establishing national goals and - priorities for fish habitat conservation for the - purposes of this title; - (D) procedures for designating Partnerships under - section 204; and - (E) procedures for reviewing, evaluating, and - making recommendations regarding fish habitat - conservation projects. - (2) Quorum.--A majority of the members of the Board shall - constitute a quorum. - -SEC. 204. FISH HABITAT PARTNERSHIPS. - + (1) In general.--The Board shall establish procedures to carry + out the business of the Board, including-- + (A) a requirement that a quorum of the members of the Board + be present to transact business; + (B) a requirement that no recommendations may be adopted by + the Board, except by the vote of two-thirds of all members; + (C) procedures for establishing national goals and + priorities for fish habitat conservation for the purposes of + this title; + (D) procedures for designating Partnerships under section + 204; and + (E) procedures for reviewing, evaluating, and making + recommendations regarding fish habitat conservation projects. + (2) Quorum.--A majority of the members of the Board shall + constitute a quorum. + SEC. 204. FISH HABITAT PARTNERSHIPS. (a) Authority To Recommend.--The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this section. (b) Purposes.--The purposes of a Partnership shall be-- - (1) to work with other regional habitat conservation - programs to promote cooperation and coordination to enhance - fish populations and fish habitats; - (2) to engage local and regional communities to build - support for fish habitat conservation; - (3) to involve diverse groups of public and private - partners; - (4) to develop collaboratively a strategic vision and - achievable implementation plan that is scientifically sound; - (5) to leverage funding from sources that support local and - regional partnerships; - (6) to use adaptive management principles, including - evaluation of project success and functionality; - (7) to develop appropriate local or regional habitat - evaluation and assessment measures and criteria that are - compatible with national habitat condition measures; and - (8) to implement local and regional priority projects that - improve conditions for fish and fish habitat. + (1) to work with other regional habitat conservation programs + to promote cooperation and coordination to enhance fish populations + and fish habitats; + (2) to engage local and regional communities to build support + for fish habitat conservation; + (3) to involve diverse groups of public and private partners; + (4) to develop collaboratively a strategic vision and + achievable implementation plan that is scientifically sound; + (5) to leverage funding from sources that support local and + regional partnerships; + (6) to use adaptive management principles, including evaluation + of project success and functionality; + (7) to develop appropriate local or regional habitat evaluation + and assessment measures and criteria that are compatible with + national habitat condition measures; and + (8) to implement local and regional priority projects that + improve conditions for fish and fish habitat. (c) Criteria for Designation.--An entity seeking to be designated by Congress as a Partnership shall-- - (1) submit to the Board an application at such time, in - such manner, and containing such information as the Board may - reasonably require; and - (2) demonstrate to the Board that the entity has-- - (A) a focus on promoting the health of important - fish and fish habitats; - (B) an ability to coordinate the implementation of - priority projects that support the goals and national - priorities set by the Board that are within the - Partnership boundary; - (C) a self-governance structure that supports the - implementation of strategic priorities for fish - habitat; - (D) the ability to develop local and regional - relationships with a broad range of entities to further - strategic priorities for fish and fish habitat; - (E) a strategic plan that details required - investments for fish habitat conservation that - addresses the strategic fish habitat priorities of the - Partnership and supports and meets the strategic - priorities of the Board; - (F) the ability to develop and implement fish - habitat conservation projects that address strategic - priorities of the Partnership and the Board; and - (G) the ability to develop fish habitat - conservation priorities based on sound science and - data, the ability to measure the effectiveness of fish - habitat projects of the Partnership, and a clear plan - as to how Partnership science and data components will - be integrated with the overall Board science and data - effort. + (1) submit to the Board an application at such time, in such + manner, and containing such information as the Board may reasonably + require; and + (2) demonstrate to the Board that the entity has-- + (A) a focus on promoting the health of important fish and + fish habitats; + (B) an ability to coordinate the implementation of priority + projects that support the goals and national priorities set by + the Board that are within the Partnership boundary; + (C) a self-governance structure that supports the + implementation of strategic priorities for fish habitat; + (D) the ability to develop local and regional relationships + with a broad range of entities to further strategic priorities + for fish and fish habitat; + (E) a strategic plan that details required investments for + fish habitat conservation that addresses the strategic fish + habitat priorities of the Partnership and supports and meets + the strategic priorities of the Board; + (F) the ability to develop and implement fish habitat + conservation projects that address strategic priorities of the + Partnership and the Board; and + (G) the ability to develop fish habitat conservation + priorities based on sound science and data, the ability to + measure the effectiveness of fish habitat projects of the + Partnership, and a clear plan as to how Partnership science and + data components will be integrated with the overall Board + science and data effort. (d) Requirements for Recommendation to Congress.--The Board may recommend to Congress for designation an application for a Partnership submitted under subsection (c) if the Board determines that the applicant-- - (1) meets the criteria described in subsection (c)(2); - (2) identifies representatives to provide support and - technical assistance to the Partnership from a diverse group of - public and private partners, which may include State or local - governments, nonprofit entities, Indian Tribes, and private - individuals, that are focused on conservation of fish habitats - to achieve results across jurisdictional boundaries on public - and private land; - (3) is organized to promote the health of important fish - species and important fish habitats, including reservoirs, - natural lakes, coastal and marine environments, coral reefs, - and estuaries; - (4) identifies strategic fish and fish habitat priorities - for the Partnership area in the form of geographical focus - areas or key stressors or impairments to facilitate strategic - planning and decision making; - (5) is able to address issues and priorities on a - nationally significant scale; - (6) includes a governance structure that-- - (A) reflects the range of all partners; and - (B) promotes joint strategic planning and decision - making by the applicant; - (7) demonstrates completion of, or significant progress - toward the development of, a strategic plan to address declines - in fish populations, rather than simply treating symptoms, in - accordance with the goals and national priorities established - by the Board; and - (8) promotes collaboration in developing a strategic vision - and implementation program that is scientifically sound and - achievable. + (1) meets the criteria described in subsection (c)(2); + (2) identifies representatives to provide support and technical + assistance to the Partnership from a diverse group of public and + private partners, which may include State or local governments, + nonprofit entities, Indian Tribes, and private individuals, that + are focused on conservation of fish habitats to achieve results + across jurisdictional boundaries on public and private land; + (3) is organized to promote the health of important fish + species and important fish habitats, including reservoirs, natural + lakes, coastal and marine environments, coral reefs, and estuaries; + (4) identifies strategic fish and fish habitat priorities for + the Partnership area in the form of geographical focus areas or key + stressors or impairments to facilitate strategic planning and + decision making; + (5) is able to address issues and priorities on a nationally + significant scale; + (6) includes a governance structure that-- + (A) reflects the range of all partners; and + (B) promotes joint strategic planning and decision making + by the applicant; + (7) demonstrates completion of, or significant progress toward + the development of, a strategic plan to address declines in fish + populations, rather than simply treating symptoms, in accordance + with the goals and national priorities established by the Board; + and + (8) promotes collaboration in developing a strategic vision and + implementation program that is scientifically sound and achievable. (e) Report to Congress.-- - (1) In general.--Not later than February 1 of the first - fiscal year beginning after the date of enactment of this Act - and each February 1 thereafter, the Board shall develop and - submit to the appropriate congressional committees an annual - report, to be entitled ``Report to Congress on Future Fish - Habitat Partnerships and Modifications'', that-- - (A) identifies each entity that-- - (i) meets the requirements described in - subsection (d); and - (ii) the Board recommends to Congress for - designation as a Partnership; - (B) describes any proposed modifications to a - Partnership previously designated by Congress under - subsection (f); - (C) with respect to each entity recommended for - designation as a Partnership, describes, to the maximum - extent practicable-- - (i) the purpose of the recommended - Partnership; and - (ii) how the recommended Partnership - fulfills the requirements described in - subsection (d). - (2) Public availability; notification.--The Board shall-- - (A) make the report publicly available, including - on the internet; and - (B) provide to the appropriate congressional - committees and the State agency of any State included - in a recommended Partnership area written notification - of the public availability of the report. + (1) In general.--Not later than February 1 of the first fiscal + year beginning after the date of enactment of this Act and each + February 1 thereafter, the Board shall develop and submit to the + appropriate congressional committees an annual report, to be + entitled ``Report to Congress on Future Fish Habitat Partnerships + and Modifications'', that-- + (A) identifies each entity that-- + (i) meets the requirements described in subsection (d); + and + (ii) the Board recommends to Congress for designation + as a Partnership; + (B) describes any proposed modifications to a Partnership + previously designated by Congress under subsection (f); + (C) with respect to each entity recommended for designation + as a Partnership, describes, to the maximum extent + practicable-- + (i) the purpose of the recommended Partnership; and + (ii) how the recommended Partnership fulfills the + requirements described in subsection (d). + (2) Public availability; notification.--The Board shall-- + (A) make the report publicly available, including on the + internet; and + (B) provide to the appropriate congressional committees and + the State agency of any State included in a recommended + Partnership area written notification of the public + availability of the report. (f) Designation or Modification of Partnership.--Congress shall have the exclusive authority to designate or modify a Partnership. (g) Existing Partnerships.-- - (1) Designation review.--Not later than 5 years after the - date of enactment of this Act, any partnership receiving - Federal funds as of the date of enactment of this Act shall be - subject to a designation review by Congress in which Congress - shall have the opportunity to designate the partnership under - subsection (f). - (2) Ineligibility for federal funds.--A partnership - referred to in paragraph (1) that Congress does not designate - as described in that paragraph shall be ineligible to receive - Federal funds under this title. - -SEC. 205. FISH HABITAT CONSERVATION PROJECTS. - + (1) Designation review.--Not later than 5 years after the date + of enactment of this Act, any partnership receiving Federal funds + as of the date of enactment of this Act shall be subject to a + designation review by Congress in which Congress shall have the + opportunity to designate the partnership under subsection (f). + (2) Ineligibility for federal funds.--A partnership referred to + in paragraph (1) that Congress does not designate as described in + that paragraph shall be ineligible to receive Federal funds under + this title. + SEC. 205. FISH HABITAT CONSERVATION PROJECTS. (a) Submission to Board.--Not later than March 31 of each year, each Partnership shall submit to the Board a list of priority fish habitat conservation projects recommended by the Partnership for annual @@ -1595,172 +1431,155 @@ approve and fund under this title for the following fiscal year. fish habitat conservation project recommended to the Secretary under subsection (b) after taking into consideration, at a minimum, the following information: - (1) A recommendation of the Partnership that is, or will - be, participating actively in implementing the fish habitat - conservation project. - (2) The capabilities and experience of project proponents - to implement successfully the proposed project. - (3) The extent to which the fish habitat conservation - project-- - (A) fulfills a local or regional priority that is - directly linked to the strategic plan of the - Partnership and is consistent with the purpose of this - title; - (B) addresses the national priorities established - by the Board; - (C) is supported by the findings of the habitat - assessment of the Partnership or the Board, and aligns - or is compatible with other conservation plans; - (D) identifies appropriate monitoring and - evaluation measures and criteria that are compatible - with national measures; - (E) provides a well-defined budget linked to - deliverables and outcomes; - (F) leverages other funds to implement the project; - (G) addresses the causes and processes behind the - decline of fish or fish habitats; and - (H) includes an outreach or education component - that includes the local or regional community. - (4) The availability of sufficient non-Federal funds to - match Federal contributions for the fish habitat conservation - project, as required by subsection (e). - (5) The extent to which the fish habitat conservation - project-- - (A) will increase fish populations in a manner that - leads to recreational fishing opportunities for the - public; - (B) will be carried out through a cooperative - agreement among Federal, State, and local governments, - Indian Tribes, and private entities; - (C) increases public access to land or water for - fish and wildlife-dependent recreational opportunities; - (D) advances the conservation of fish and wildlife - species that have been identified by a State agency as - species of greatest conservation need; - (E) where appropriate, advances the conservation of - fish and fish habitats under the Magnuson-Stevens - Fishery Conservation and Management Act (16 U.S.C. 1801 - et seq.) and other relevant Federal law and State - wildlife action plans; and - (F) promotes strong and healthy fish habitats so - that desired biological communities are able to persist - and adapt. - (6) The substantiality of the character and design of the - fish habitat conservation project. + (1) A recommendation of the Partnership that is, or will be, + participating actively in implementing the fish habitat + conservation project. + (2) The capabilities and experience of project proponents to + implement successfully the proposed project. + (3) The extent to which the fish habitat conservation project-- + (A) fulfills a local or regional priority that is directly + linked to the strategic plan of the Partnership and is + consistent with the purpose of this title; + (B) addresses the national priorities established by the + Board; + (C) is supported by the findings of the habitat assessment + of the Partnership or the Board, and aligns or is compatible + with other conservation plans; + (D) identifies appropriate monitoring and evaluation + measures and criteria that are compatible with national + measures; + (E) provides a well-defined budget linked to deliverables + and outcomes; + (F) leverages other funds to implement the project; + (G) addresses the causes and processes behind the decline + of fish or fish habitats; and + (H) includes an outreach or education component that + includes the local or regional community. + (4) The availability of sufficient non-Federal funds to match + Federal contributions for the fish habitat conservation project, as + required by subsection (e). + (5) The extent to which the fish habitat conservation project-- + (A) will increase fish populations in a manner that leads + to recreational fishing opportunities for the public; + (B) will be carried out through a cooperative agreement + among Federal, State, and local governments, Indian Tribes, and + private entities; + (C) increases public access to land or water for fish and + wildlife-dependent recreational opportunities; + (D) advances the conservation of fish and wildlife species + that have been identified by a State agency as species of + greatest conservation need; + (E) where appropriate, advances the conservation of fish + and fish habitats under the Magnuson-Stevens Fishery + Conservation and Management Act (16 U.S.C. 1801 et seq.) and + other relevant Federal law and State wildlife action plans; and + (F) promotes strong and healthy fish habitats so that + desired biological communities are able to persist and adapt. + (6) The substantiality of the character and design of the fish + habitat conservation project. (d) Limitations.-- - (1) Requirements for evaluation.--No fish habitat - conservation project may be recommended by the Board under - subsection (b) or provided financial assistance under this - title unless the fish habitat conservation project includes an - evaluation plan designed using applicable Board guidance-- - (A) to appropriately assess the biological, - ecological, or other results of the habitat protection, - restoration, or enhancement activities carried out - using the assistance; - (B) to reflect appropriate changes to the fish - habitat conservation project if the assessment - substantiates that the fish habitat conservation - project objectives are not being met; - (C) to identify improvements to existing fish - populations, recreational fishing opportunities, and - the overall economic benefits for the local community - of the fish habitat conservation project; and - (D) to require the submission to the Board of a - report describing the findings of the assessment. - (2) Acquisition authorities.-- - (A) In general.--A State, local government, or - other non-Federal entity is eligible to receive funds - for the acquisition of real property from willing - sellers under this title if the acquisition ensures-- - (i) public access for fish and wildlife- - dependent recreation; or - (ii) a scientifically based, direct - enhancement to the health of fish and fish - populations, as determined by the Board. - (B) State agency approval.-- - (i) In general.--All real property interest - acquisition projects funded under this title - must be approved by the State agency in the - State in which the project is occurring. - (ii) Prohibition.--The Board may not - recommend, and the Secretary may not provide - any funding for, any real property interest - acquisition that has not been approved by the - State agency. - (C) Assessment of other authorities.--The Board may - not recommend, and the Secretary may not provide any - funding under this title for, any real property - interest acquisition unless the Partnership that - recommended the project has conducted a project - assessment, submitted with the funding request and - approved by the Board, to demonstrate all other - Federal, State, and local authorities for the - acquisition of real property have been exhausted. - (D) Restrictions.--A real property interest may not - be acquired pursuant to a fish habitat conservation - project by a State, local government, or other non- - Federal entity conducted with funds provided under this - title, unless-- - (i) the owner of the real property - authorizes the State, local government, or - other non-Federal entity to acquire the real - property; and - (ii) the Secretary and the Board determine - that the State, local government, or other non- - Federal entity would benefit from undertaking - the management of the real property being - acquired because that is in accordance with the - goals of a Partnership. + (1) Requirements for evaluation.--No fish habitat conservation + project may be recommended by the Board under subsection (b) or + provided financial assistance under this title unless the fish + habitat conservation project includes an evaluation plan designed + using applicable Board guidance-- + (A) to appropriately assess the biological, ecological, or + other results of the habitat protection, restoration, or + enhancement activities carried out using the assistance; + (B) to reflect appropriate changes to the fish habitat + conservation project if the assessment substantiates that the + fish habitat conservation project objectives are not being met; + (C) to identify improvements to existing fish populations, + recreational fishing opportunities, and the overall economic + benefits for the local community of the fish habitat + conservation project; and + (D) to require the submission to the Board of a report + describing the findings of the assessment. + (2) Acquisition authorities.-- + (A) In general.--A State, local government, or other non- + Federal entity is eligible to receive funds for the acquisition + of real property from willing sellers under this title if the + acquisition ensures-- + (i) public access for fish and wildlife-dependent + recreation; or + (ii) a scientifically based, direct enhancement to the + health of fish and fish populations, as determined by the + Board. + (B) State agency approval.-- + (i) In general.--All real property interest acquisition + projects funded under this title must be approved by the + State agency in the State in which the project is + occurring. + (ii) Prohibition.--The Board may not recommend, and the + Secretary may not provide any funding for, any real + property interest acquisition that has not been approved by + the State agency. + (C) Assessment of other authorities.--The Board may not + recommend, and the Secretary may not provide any funding under + this title for, any real property interest acquisition unless + the Partnership that recommended the project has conducted a + project assessment, submitted with the funding request and + approved by the Board, to demonstrate all other Federal, State, + and local authorities for the acquisition of real property have + been exhausted. + (D) Restrictions.--A real property interest may not be + acquired pursuant to a fish habitat conservation project by a + State, local government, or other non-Federal entity conducted + with funds provided under this title, unless-- + (i) the owner of the real property authorizes the + State, local government, or other non-Federal entity to + acquire the real property; and + (ii) the Secretary and the Board determine that the + State, local government, or other non-Federal entity would + benefit from undertaking the management of the real + property being acquired because that is in accordance with + the goals of a Partnership. (e) Non-Federal Contributions.-- - (1) In general.--Except as provided in paragraphs (2) and - (4), no fish habitat conservation project may be recommended by - the Board under subsection (b) or provided financial assistance - under this title unless at least 50 percent of the cost of the - fish habitat conservation project will be funded with non- - Federal funds. - (2) Non-federal share.--Such non-Federal share of the cost - of a fish habitat conservation project-- - (A) may not be derived from another Federal grant - program; and - (B) may include in-kind contributions and cash. - (3) Special rule for indian tribes.--Notwithstanding - paragraph (1) or any other provision of law, any funds made - available to an Indian Tribe pursuant to this title may be - considered to be non-Federal funds for the purpose of paragraph - (1). - (4) Waiver authority.--The Secretary, in consultation with - the Secretary of Commerce with respect to marine or estuarine - projects, may waive the application of paragraph (2)(A) with - respect to a State or an Indian Tribe, or otherwise reduce the - portion of the non-Federal share of the cost of an activity - required to be paid by a State or an Indian Tribe under - paragraph (1), if the Secretary determines that the State or - Indian Tribe does not have sufficient funds not derived from - another Federal grant program to pay such non-Federal share, or - portion of the non-Federal share, without the use of loans. + (1) In general.--Except as provided in paragraphs (2) and (4), + no fish habitat conservation project may be recommended by the + Board under subsection (b) or provided financial assistance under + this title unless at least 50 percent of the cost of the fish + habitat conservation project will be funded with non-Federal funds. + (2) Non-federal share.--Such non-Federal share of the cost of a + fish habitat conservation project-- + (A) may not be derived from another Federal grant program; + and + (B) may include in-kind contributions and cash. + (3) Special rule for indian tribes.--Notwithstanding paragraph + (1) or any other provision of law, any funds made available to an + Indian Tribe pursuant to this title may be considered to be non- + Federal funds for the purpose of paragraph (1). + (4) Waiver authority.--The Secretary, in consultation with the + Secretary of Commerce with respect to marine or estuarine projects, + may waive the application of paragraph (2)(A) with respect to a + State or an Indian Tribe, or otherwise reduce the portion of the + non-Federal share of the cost of an activity required to be paid by + a State or an Indian Tribe under paragraph (1), if the Secretary + determines that the State or Indian Tribe does not have sufficient + funds not derived from another Federal grant program to pay such + non-Federal share, or portion of the non-Federal share, without the + use of loans. (f) Approval.-- - (1) In general.--Not later than 90 days after the date of - receipt of the recommended priority list of fish habitat - conservation projects under subsection (b), and subject to - subsection (d) and based, to the maximum extent practicable, on - the criteria described in subsection (c), the Secretary, after - consulting with the Secretary of Commerce on marine or - estuarine projects, shall approve or reject any fish habitat - conservation project recommended by the Board. - (2) Funding.--If the Secretary approves a fish habitat - conservation project under paragraph (1), the Secretary shall - use amounts made available to carry out this title to provide - funds to carry out the fish habitat conservation project. - (3) Notification.--If the Secretary rejects under paragraph - (1) any fish habitat conservation project recommended by the - Board, not later than 90 days after the date of receipt of the - recommendation, the Secretary shall provide to the Board, the - appropriate Partnership, and the appropriate congressional - committees a written statement of the reasons that the - Secretary rejected the fish habitat conservation project. - -SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE. - + (1) In general.--Not later than 90 days after the date of + receipt of the recommended priority list of fish habitat + conservation projects under subsection (b), and subject to + subsection (d) and based, to the maximum extent practicable, on the + criteria described in subsection (c), the Secretary, after + consulting with the Secretary of Commerce on marine or estuarine + projects, shall approve or reject any fish habitat conservation + project recommended by the Board. + (2) Funding.--If the Secretary approves a fish habitat + conservation project under paragraph (1), the Secretary shall use + amounts made available to carry out this title to provide funds to + carry out the fish habitat conservation project. + (3) Notification.--If the Secretary rejects under paragraph (1) + any fish habitat conservation project recommended by the Board, not + later than 90 days after the date of receipt of the recommendation, + the Secretary shall provide to the Board, the appropriate + Partnership, and the appropriate congressional committees a written + statement of the reasons that the Secretary rejected the fish + habitat conservation project. + SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE. (a) In General.--The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States @@ -1770,39 +1589,35 @@ and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board. (b) Inclusions.--Scientific and technical assistance provided under subsection (a) may include-- - (1) providing technical and scientific assistance to - States, Indian Tribes, regions, local communities, and - nongovernmental organizations in the development and - implementation of Partnerships; - (2) providing technical and scientific assistance to - Partnerships for habitat assessment, strategic planning, and - prioritization; - (3) supporting the development and implementation of fish - habitat conservation projects that are identified as high - priorities by Partnerships and the Board; - (4) supporting and providing recommendations regarding the - development of science-based monitoring and assessment - approaches for implementation through Partnerships; - (5) supporting and providing recommendations for a national - fish habitat assessment; - (6) ensuring the availability of experts to assist in - conducting scientifically based evaluation and reporting of the - results of fish habitat conservation projects; and - (7) providing resources to secure State agency scientific - and technical assistance to support Partnerships, participants - in fish habitat conservation projects, and the Board. - -SEC. 207. COORDINATION WITH STATES AND INDIAN TRIBES. - + (1) providing technical and scientific assistance to States, + Indian Tribes, regions, local communities, and nongovernmental + organizations in the development and implementation of + Partnerships; + (2) providing technical and scientific assistance to + Partnerships for habitat assessment, strategic planning, and + prioritization; + (3) supporting the development and implementation of fish + habitat conservation projects that are identified as high + priorities by Partnerships and the Board; + (4) supporting and providing recommendations regarding the + development of science-based monitoring and assessment approaches + for implementation through Partnerships; + (5) supporting and providing recommendations for a national + fish habitat assessment; + (6) ensuring the availability of experts to assist in + conducting scientifically based evaluation and reporting of the + results of fish habitat conservation projects; and + (7) providing resources to secure State agency scientific and + technical assistance to support Partnerships, participants in fish + habitat conservation projects, and the Board. + SEC. 207. COORDINATION WITH STATES AND INDIAN TRIBES. The Secretary shall provide a notice to, and cooperate with, the appropriate State agency or Tribal agency, as applicable, of each State and Indian Tribe within the boundaries of which an activity is planned to be carried out pursuant to this title, including notification, by not later than 30 days before the date on which the activity is implemented. - -SEC. 208. INTERAGENCY OPERATIONAL PLAN. - + SEC. 208. INTERAGENCY OPERATIONAL PLAN. Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director, in cooperation with the National Oceanic and Atmospheric Administration Assistant @@ -1811,101 +1626,92 @@ Administrator, the Director of the United States Geological Survey, and the heads of other appropriate Federal departments and agencies (including, at a minimum, those agencies represented on the Board) shall develop an interagency operational plan that describes-- - (1) the functional, operational, technical, scientific, and - general staff, administrative, and material needs for the - implementation of this title; and - (2) any interagency agreements between or among Federal - departments and agencies to address those needs. - -SEC. 209. ACCOUNTABILITY AND REPORTING. - + (1) the functional, operational, technical, scientific, and + general staff, administrative, and material needs for the + implementation of this title; and + (2) any interagency agreements between or among Federal + departments and agencies to address those needs. + SEC. 209. ACCOUNTABILITY AND REPORTING. (a) Reporting.-- - (1) In general.--Not later than 5 years after the date of - enactment of this Act, and every 5 years thereafter, the Board - shall submit to the appropriate congressional committees a - report describing the progress of this title. - (2) Contents.--Each report submitted under paragraph (1) - shall include-- - (A) an estimate of the number of acres, stream - miles, or acre-feet, or other suitable measures of fish - habitat, that was maintained or improved by - Partnerships under this title during the 5-year period - ending on the date of submission of the report; - (B) a description of the public access to fish - habitats established or improved under this title - during that 5-year period; - (C) a description of the improved opportunities for - public recreational fishing achieved under this title; - and - (D) an assessment of the status of fish habitat - conservation projects carried out with funds provided - under this title during that period, disaggregated by - year, including-- - (i) a description of the fish habitat - conservation projects recommended by the Board - under section 205(b); - (ii) a description of each fish habitat - conservation project approved by the Secretary - under section 205(f), in order of priority for - funding; - (iii) a justification for-- - (I) the approval of each fish - habitat conservation project; and - (II) the order of priority for - funding of each fish habitat - conservation project; - (iv) a justification for any rejection of a - fish habitat conservation project recommended - by the Board under section 205(b) that was - based on a factor other than the criteria - described in section 205(c); and - (v) an accounting of expenditures by - Federal, State, or local governments, Indian - Tribes, or other entities to carry out fish - habitat conservation projects under this title. + (1) In general.--Not later than 5 years after the date of + enactment of this Act, and every 5 years thereafter, the Board + shall submit to the appropriate congressional committees a report + describing the progress of this title. + (2) Contents.--Each report submitted under paragraph (1) shall + include-- + (A) an estimate of the number of acres, stream miles, or + acre-feet, or other suitable measures of fish habitat, that was + maintained or improved by Partnerships under this title during + the 5-year period ending on the date of submission of the + report; + (B) a description of the public access to fish habitats + established or improved under this title during that 5-year + period; + (C) a description of the improved opportunities for public + recreational fishing achieved under this title; and + (D) an assessment of the status of fish habitat + conservation projects carried out with funds provided under + this title during that period, disaggregated by year, + including-- + (i) a description of the fish habitat conservation + projects recommended by the Board under section 205(b); + (ii) a description of each fish habitat conservation + project approved by the Secretary under section 205(f), in + order of priority for funding; + (iii) a justification for-- + + (I) the approval of each fish habitat conservation + project; and + (II) the order of priority for funding of each fish + habitat conservation project; + + (iv) a justification for any rejection of a fish + habitat conservation project recommended by the Board under + section 205(b) that was based on a factor other than the + criteria described in section 205(c); and + (v) an accounting of expenditures by Federal, State, or + local governments, Indian Tribes, or other entities to + carry out fish habitat conservation projects under this + title. (b) Status and Trends Report.--Not later than December 31, 2021, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report that includes-- - (1) a status of all Partnerships designated under this - title; - (2) a description of the status of fish habitats in the - United States as identified by designated Partnerships; and - (3) enhancements or reductions in public access as a result - of-- - (A) the activities of the Partnerships; or - (B) any other activities carried out pursuant to - this title. - -SEC. 210. EFFECT OF THIS TITLE. - + (1) a status of all Partnerships designated under this title; + (2) a description of the status of fish habitats in the United + States as identified by designated Partnerships; and + (3) enhancements or reductions in public access as a result + of-- + (A) the activities of the Partnerships; or + (B) any other activities carried out pursuant to this + title. + SEC. 210. EFFECT OF THIS TITLE. (a) Water Rights.--Nothing in this title-- - (1) establishes any express or implied reserved water right - in the United States for any purpose; - (2) affects any water right in existence on the date of - enactment of this Act; - (3) preempts or affects any State water law or interstate - compact governing water; or - (4) affects any Federal or State law in existence on the - date of enactment of the Act regarding water quality or water - quantity. + (1) establishes any express or implied reserved water right in + the United States for any purpose; + (2) affects any water right in existence on the date of + enactment of this Act; + (3) preempts or affects any State water law or interstate + compact governing water; or + (4) affects any Federal or State law in existence on the date + of enactment of the Act regarding water quality or water quantity. (b) Authority To Acquire Water Rights or Rights to Property.--Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through section 212. (c) State Authority.--Nothing in this title-- - (1) affects the authority, jurisdiction, or responsibility - of a State to manage, control, or regulate fish and wildlife - under the laws and regulations of the State; or - (2) authorizes the Secretary to control or regulate within - a State the fishing or hunting of fish and wildlife. + (1) affects the authority, jurisdiction, or responsibility of a + State to manage, control, or regulate fish and wildlife under the + laws and regulations of the State; or + (2) authorizes the Secretary to control or regulate within a + State the fishing or hunting of fish and wildlife. (d) Effect on Indian Tribes.--Nothing in this title abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including-- - (1) an agreement between the Indian Tribe and the United - States; - (2) Federal law (including regulations); - (3) an Executive order; or - (4) a judicial decree. + (1) an agreement between the Indian Tribe and the United + States; + (2) Federal law (including regulations); + (3) an Executive order; or + (4) a judicial decree. (e) Adjudication of Water Rights.--Nothing in this title diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of @@ -1917,296 +1723,266 @@ Department of Commerce to manage, control, or regulate fish or fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (g) Effect on Other Authorities.-- - (1) Private property protection.--Nothing in this title - permits the use of funds made available to carry out this title - to acquire real property or a real property interest without - the written consent of each owner of the real property or real - property interest, respectively. - (2) Mitigation.--Nothing in this title authorizes the use - of funds made available to carry out this title for fish and - wildlife mitigation purposes under-- - (A) the Federal Water Pollution Control Act (33 - U.S.C. 1251 et seq.); - (B) the Fish and Wildlife Coordination Act (16 - U.S.C. 661 et seq.); - (C) the Water Resources Development Act of 1986 - (Public Law 99-662; 100 Stat. 4082); or - (D) any other Federal law or court settlement. - (3) Clean water act.--Nothing in this title affects any - provision of the Federal Water Pollution Control Act (33 U.S.C. - 1251 et seq.), including any definition in that Act. - -SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. - + (1) Private property protection.--Nothing in this title permits + the use of funds made available to carry out this title to acquire + real property or a real property interest without the written + consent of each owner of the real property or real property + interest, respectively. + (2) Mitigation.--Nothing in this title authorizes the use of + funds made available to carry out this title for fish and wildlife + mitigation purposes under-- + (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 + et seq.); + (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 + et seq.); + (C) the Water Resources Development Act of 1986 (Public Law + 99-662; 100 Stat. 4082); or + (D) any other Federal law or court settlement. + (3) Clean water act.--Nothing in this title affects any + provision of the Federal Water Pollution Control Act (33 U.S.C. + 1251 et seq.), including any definition in that Act. + SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to-- - (1) the Board; or - (2) any Partnership. - -SEC. 212. FUNDING. - + (1) the Board; or + (2) any Partnership. + SEC. 212. FUNDING. (a) Authorization of Appropriations.-- - (1) Fish habitat conservation projects.--There is - authorized to be appropriated to the Secretary $7,200,000 for - each of fiscal years 2021 through 2025 to provide funds for - fish habitat conservation projects approved under section - 205(f), of which 5 percent is authorized only for projects - carried out by Indian Tribes. - (2) Administrative and planning expenses.--There is - authorized to be appropriated to the Secretary for each of - fiscal years 2021 through 2025 an amount equal to 5 percent of - the amount appropriated for the applicable fiscal year pursuant - to paragraph (1)-- - (A) for administrative and planning expenses under - this title; and - (B) to carry out section 209. - (3) Technical and scientific assistance.--There is - authorized to be appropriated for each of fiscal years 2021 - through 2025 to carry out, and provide technical and scientific - assistance under, section 206-- - (A) $400,000 to the Secretary for use by the United - States Fish and Wildlife Service; - (B) $400,000 to the National Oceanic and - Atmospheric Administration Assistant Administrator for - use by the National Oceanic and Atmospheric - Administration; - (C) $400,000 to the Environmental Protection Agency - Assistant Administrator for use by the Environmental - Protection Agency; - (D) $400,000 to the Secretary for use by the United - States Geological Survey; and - (E) $400,000 to the Secretary of Agriculture, - acting through the Chief of the Forest Service, for use - by the Forest Service. + (1) Fish habitat conservation projects.--There is authorized to + be appropriated to the Secretary $7,200,000 for each of fiscal + years 2021 through 2025 to provide funds for fish habitat + conservation projects approved under section 205(f), of which 5 + percent is authorized only for projects carried out by Indian + Tribes. + (2) Administrative and planning expenses.--There is authorized + to be appropriated to the Secretary for each of fiscal years 2021 + through 2025 an amount equal to 5 percent of the amount + appropriated for the applicable fiscal year pursuant to paragraph + (1)-- + (A) for administrative and planning expenses under this + title; and + (B) to carry out section 209. + (3) Technical and scientific assistance.--There is authorized + to be appropriated for each of fiscal years 2021 through 2025 to + carry out, and provide technical and scientific assistance under, + section 206-- + (A) $400,000 to the Secretary for use by the United States + Fish and Wildlife Service; + (B) $400,000 to the National Oceanic and Atmospheric + Administration Assistant Administrator for use by the National + Oceanic and Atmospheric Administration; + (C) $400,000 to the Environmental Protection Agency + Assistant Administrator for use by the Environmental Protection + Agency; + (D) $400,000 to the Secretary for use by the United States + Geological Survey; and + (E) $400,000 to the Secretary of Agriculture, acting + through the Chief of the Forest Service, for use by the Forest + Service. (b) Agreements and Grants.--The Secretary may-- - (1) on the recommendation of the Board, and notwithstanding - sections 6304 and 6305 of title 31, United States Code, and the - Federal Financial Assistance Management Improvement Act of 1999 - (31 U.S.C. 6101 note; Public Law 106-107), enter into a grant - agreement, cooperative agreement, or contract with a - Partnership or other entity to provide funds authorized by this - title for a fish habitat conservation project or restoration or - enhancement project; - (2) apply for, accept, and, subject to the availability of - appropriations, use a grant from any individual or entity to - carry out the purposes of this title; and - (3) subject to the availability of appropriations, make - funds authorized by this Act available to any Federal - department or agency for use by that department or agency to - provide grants for any fish habitat protection project, - restoration project, or enhancement project that the Secretary - determines to be consistent with this title. + (1) on the recommendation of the Board, and notwithstanding + sections 6304 and 6305 of title 31, United States Code, and the + Federal Financial Assistance Management Improvement Act of 1999 (31 + U.S.C. 6101 note; Public Law 106-107), enter into a grant + agreement, cooperative agreement, or contract with a Partnership or + other entity to provide funds authorized by this title for a fish + habitat conservation project or restoration or enhancement project; + (2) apply for, accept, and, subject to the availability of + appropriations, use a grant from any individual or entity to carry + out the purposes of this title; and + (3) subject to the availability of appropriations, make funds + authorized by this Act available to any Federal department or + agency for use by that department or agency to provide grants for + any fish habitat protection project, restoration project, or + enhancement project that the Secretary determines to be consistent + with this title. (c) Donations.-- - (1) In general.--The Secretary may-- - (A) enter into an agreement with any organization - described in section 501(c)(3) of the Internal Revenue - Code of 1986 that is exempt from taxation under section - 501(a) of that Code to solicit private donations to - carry out the purposes of this title; and - (B) accept donations of funds, property, and - services to carry out the purposes of this title. - (2) Treatment.--A donation accepted under this title-- - (A) shall be considered to be a gift or bequest to, - or otherwise for the use of, the United States; and - (B) may be-- - (i) used directly by the Secretary; or - (ii) provided to another Federal department - or agency through an interagency agreement. - -SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY - FEDERAL AGENCIES THROUGH PARTNERSHIPS. - + (1) In general.--The Secretary may-- + (A) enter into an agreement with any organization described + in section 501(c)(3) of the Internal Revenue Code of 1986 that + is exempt from taxation under section 501(a) of that Code to + solicit private donations to carry out the purposes of this + title; and + (B) accept donations of funds, property, and services to + carry out the purposes of this title. + (2) Treatment.--A donation accepted under this title-- + (A) shall be considered to be a gift or bequest to, or + otherwise for the use of, the United States; and + (B) may be-- + (i) used directly by the Secretary; or + (ii) provided to another Federal department or agency + through an interagency agreement. + SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY + AUTHORITY BY FEDERAL AGENCIES THROUGH PARTNERSHIPS. Any Partnership designated under this title-- - (1) shall be for the sole purpose of promoting fish - conservation; and - (2) shall not be used to implement any regulatory authority - of any Federal agency. + (1) shall be for the sole purpose of promoting fish + conservation; and + (2) shall not be used to implement any regulatory authority of + any Federal agency. TITLE III--MISCELLANEOUS -SEC. 301. STUDY TO REVIEW CONSERVATION FACTORS. - + SEC. 301. STUDY TO REVIEW CONSERVATION FACTORS. (a) Definition of Secretaries.--In this section, the term ``Secretaries'' means-- - (1) the Secretary of Agriculture; - (2) the Secretary of Commerce, acting through the Assistant - Administrator of the National Marine Fisheries Service; and - (3) the Secretary of the Interior, acting through the - Director of the United States Fish and Wildlife Service. + (1) the Secretary of Agriculture; + (2) the Secretary of Commerce, acting through the Assistant + Administrator of the National Marine Fisheries Service; and + (3) the Secretary of the Interior, acting through the Director + of the United States Fish and Wildlife Service. (b) Study.--To assess factors affecting successful conservation activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry out a study-- - (1)(A) to review any factors that threaten or endanger a - species, such as wildlife disease, for which a listing under - the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) - would not contribute to the conservation of the species; and - (B) to identify additional conservation measures that can - be taken to protect and conserve a species described in - subparagraph (A); - (2) to review any barriers to-- - (A) the delivery of Federal, State, local, or - private funds for such conservation activities, - including statutory or regulatory impediments, staffing - needs, and other relevant considerations; or - (B) the implementation of conservation agreements, - plans, or other cooperative agreements, including - agreements focused on voluntary activities, - multispecies efforts, and other relevant - considerations; - (3) to review factors that impact the ability of the - Federal Government to successfully implement the Endangered - Species Act of 1973 (16 U.S.C. 1531 et seq.); - (4) to develop recommendations regarding methods to address - barriers identified under paragraph (2), if any; - (5) to review determinations under the Endangered Species - Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is - determined to be recovered by the Secretary of the Interior, - acting through the Director of the United States Fish and - Wildlife Service, or the Secretary of Commerce, acting through - the Assistant Administrator of the National Marine Fisheries - Service, but remains listed under that Act, including-- - (A) an explanation of the factors preventing a - delisting or downlisting of the species; and - (B) recommendations regarding methods to address - the factors described in subparagraph (A); and - (6) to review any determinations under the Endangered - Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species - has been identified as needing listing or uplisting under that - Act but remains unlisted or listed as a threatened species, - respectively, including-- - (A) an explanation of the factors preventing a - listing or uplisting of the species; and - (B) recommendations regarding methods to address - the factors described in subparagraph (A). + (1)(A) to review any factors that threaten or endanger a + species, such as wildlife disease, for which a listing under the + Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) would not + contribute to the conservation of the species; and + (B) to identify additional conservation measures that can be + taken to protect and conserve a species described in subparagraph + (A); + (2) to review any barriers to-- + (A) the delivery of Federal, State, local, or private funds + for such conservation activities, including statutory or + regulatory impediments, staffing needs, and other relevant + considerations; or + (B) the implementation of conservation agreements, plans, + or other cooperative agreements, including agreements focused + on voluntary activities, multispecies efforts, and other + relevant considerations; + (3) to review factors that impact the ability of the Federal + Government to successfully implement the Endangered Species Act of + 1973 (16 U.S.C. 1531 et seq.); + (4) to develop recommendations regarding methods to address + barriers identified under paragraph (2), if any; + (5) to review determinations under the Endangered Species Act + of 1973 (16 U.S.C. 1531 et seq.) in which a species is determined + to be recovered by the Secretary of the Interior, acting through + the Director of the United States Fish and Wildlife Service, or the + Secretary of Commerce, acting through the Assistant Administrator + of the National Marine Fisheries Service, but remains listed under + that Act, including-- + (A) an explanation of the factors preventing a delisting or + downlisting of the species; and + (B) recommendations regarding methods to address the + factors described in subparagraph (A); and + (6) to review any determinations under the Endangered Species + Act of 1973 (16 U.S.C. 1531 et seq.) in which a species has been + identified as needing listing or uplisting under that Act but + remains unlisted or listed as a threatened species, respectively, + including-- + (A) an explanation of the factors preventing a listing or + uplisting of the species; and + (B) recommendations regarding methods to address the + factors described in subparagraph (A). (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives and make publicly available a report describing the results of the study under subsection (b). - -SEC. 302. STUDY AND REPORT ON EXPENDITURES. - + SEC. 302. STUDY AND REPORT ON EXPENDITURES. (a) Reports on Expenditures.-- - (1) Federal departments and agencies.-- - (A) In general.--At the determination of the - Comptroller General of the United States (referred to - in this section as the ``Comptroller General''), to - facilitate the preparation of the reports from the - Comptroller General under paragraph (2), the head of - each Federal department and agency shall submit to the - Comptroller General data and other relevant information - that describes the amounts expended or disbursed - (including through loans, loan guarantees, grants, or - any other financing mechanism) by the department or - agency as a direct result of any provision of the - Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) - (including any regulation promulgated pursuant to that - Act) during-- - (i) with respect to the first report under - paragraph (2), the 3 fiscal years preceding the - date of submission of the report; and - (ii) with respect to the second report - under paragraph (2), the 2 fiscal years - preceding the date of submission of the report. - (B) Requirements.--Data and other relevant - information submitted under subparagraph (A) shall - describe, with respect to the applicable amounts-- - (i) the programmatic office of the - department or agency on behalf of which each - amount was expended or disbursed; - (ii) the provision of the Endangered - Species Act of 1973 (16 U.S.C. 1531 et seq.) - (or regulation promulgated pursuant to that - Act) pursuant to which each amount was expended - or disbursed; and - (iii) the project or activity carried out - using each amount, in detail sufficient to - reflect the breadth, scope, and purpose of the - project or activity. - (2) Comptroller general.--Not later than 2 years and 4 - years after the date of enactment of this Act, the Comptroller - General shall submit to the Committees on Appropriations, - Commerce, Science, and Transportation, and Environment and - Public Works of the Senate and the Committee on Appropriations - and Natural Resources of the House of Representatives a report - that describes-- - (A) the aggregate amount expended or disbursed by - all Federal departments and agencies as a direct result - of any provision of the Endangered Species Act of 1973 - (16 U.S.C. 1531 et seq.) (including any regulation - promulgated pursuant to that Act) during-- - (i) with respect to the first report, the 3 - fiscal years preceding the date of submission - of the report; and - (ii) with respect to the second report, the - 2 fiscal years preceding the date of submission - of the report; - (B) the provision of the Endangered Species Act of - 1973 (16 U.S.C. 1531 et seq.) (or regulation - promulgated pursuant to that Act) pursuant to which - each such amount was expended or disbursed; and - (C) with respect to each relevant department or - agency-- - (i) the total amount expended or disbursed - by the department or agency as described in - subparagraph (A); and - (ii) the information described in clauses - (i) through (iii) of paragraph (1)(B). + (1) Federal departments and agencies.-- + (A) In general.--At the determination of the Comptroller + General of the United States (referred to in this section as + the ``Comptroller General''), to facilitate the preparation of + the reports from the Comptroller General under paragraph (2), + the head of each Federal department and agency shall submit to + the Comptroller General data and other relevant information + that describes the amounts expended or disbursed (including + through loans, loan guarantees, grants, or any other financing + mechanism) by the department or agency as a direct result of + any provision of the Endangered Species Act of 1973 (16 U.S.C. + 1531 et seq.) (including any regulation promulgated pursuant to + that Act) during-- + (i) with respect to the first report under paragraph + (2), the 3 fiscal years preceding the date of submission of + the report; and + (ii) with respect to the second report under paragraph + (2), the 2 fiscal years preceding the date of submission of + the report. + (B) Requirements.--Data and other relevant information + submitted under subparagraph (A) shall describe, with respect + to the applicable amounts-- + (i) the programmatic office of the department or agency + on behalf of which each amount was expended or disbursed; + (ii) the provision of the Endangered Species Act of + 1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated + pursuant to that Act) pursuant to which each amount was + expended or disbursed; and + (iii) the project or activity carried out using each + amount, in detail sufficient to reflect the breadth, scope, + and purpose of the project or activity. + (2) Comptroller general.--Not later than 2 years and 4 years + after the date of enactment of this Act, the Comptroller General + shall submit to the Committees on Appropriations, Commerce, + Science, and Transportation, and Environment and Public Works of + the Senate and the Committee on Appropriations and Natural + Resources of the House of Representatives a report that describes-- + (A) the aggregate amount expended or disbursed by all + Federal departments and agencies as a direct result of any + provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 + et seq.) (including any regulation promulgated pursuant to that + Act) during-- + (i) with respect to the first report, the 3 fiscal + years preceding the date of submission of the report; and + (ii) with respect to the second report, the 2 fiscal + years preceding the date of submission of the report; + (B) the provision of the Endangered Species Act of 1973 (16 + U.S.C. 1531 et seq.) (or regulation promulgated pursuant to + that Act) pursuant to which each such amount was expended or + disbursed; and + (C) with respect to each relevant department or agency-- + (i) the total amount expended or disbursed by the + department or agency as described in subparagraph (A); and + (ii) the information described in clauses (i) through + (iii) of paragraph (1)(B). (b) Report on Conservation Activities.-- - (1) Federal departments and agencies.--At the determination - of the Comptroller General, to facilitate the preparation of - the report under paragraph (2), the head of each Federal - department and agency shall submit to the Comptroller General - data and other relevant information that describes the - conservation activities by the Federal department or agency as - a direct result of any provision of the Endangered Species Act - of 1973 (16 U.S.C. 1531 et seq.) (including any regulation - promulgated pursuant to that Act) during-- - (A) with respect to the first report under - paragraph (2), the 3 fiscal years preceding the date of - submission of the report; and - (B) with respect to the second report under - paragraph (2), the 2 fiscal years preceding the date of - submission of the report. - (2) Comptroller general.--Not later than 2 years and 4 - years after the date of enactment of this Act, the Comptroller - General shall submit to the Committees on Commerce, Science, - and Transportation and Environment and Public Works of the - Senate and the Committee on Natural Resources of the House of - Representatives a report that-- - (A) describes the conservation activities by all - Federal departments and agencies for species listed as - a threatened species or endangered species under the - Endangered Species Act of 1973 (16 U.S.C. 1531 et - seq.), as reported under paragraph (1), during-- - (i) with respect to the first report, the 3 - fiscal years preceding the date of submission - of the report; and - (ii) with respect to the second report, the - 2 fiscal years preceding the date of submission - of the report; - (B) is organized into categories with respect to - whether a recovery plan for a species has been - established; - (C) includes conservation outcomes associated with - the conservation activities; and - (D) as applicable, describes the conservation - activities that required interaction between Federal - agencies and between Federal agencies and State and - Tribal agencies and units of local government pursuant - to the Endangered Species Act of 1973 (16 U.S.C. 1531 - et seq.). - -SEC. 303. USE OF VALUE OF LAND FOR COST SHARING. - + (1) Federal departments and agencies.--At the determination of + the Comptroller General, to facilitate the preparation of the + report under paragraph (2), the head of each Federal department and + agency shall submit to the Comptroller General data and other + relevant information that describes the conservation activities by + the Federal department or agency as a direct result of any + provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et + seq.) (including any regulation promulgated pursuant to that Act) + during-- + (A) with respect to the first report under paragraph (2), + the 3 fiscal years preceding the date of submission of the + report; and + (B) with respect to the second report under paragraph (2), + the 2 fiscal years preceding the date of submission of the + report. + (2) Comptroller general.--Not later than 2 years and 4 years + after the date of enactment of this Act, the Comptroller General + shall submit to the Committees on Commerce, Science, and + Transportation and Environment and Public Works of the Senate and + the Committee on Natural Resources of the House of Representatives + a report that-- + (A) describes the conservation activities by all Federal + departments and agencies for species listed as a threatened + species or endangered species under the Endangered Species Act + of 1973 (16 U.S.C. 1531 et seq.), as reported under paragraph + (1), during-- + (i) with respect to the first report, the 3 fiscal + years preceding the date of submission of the report; and + (ii) with respect to the second report, the 2 fiscal + years preceding the date of submission of the report; + (B) is organized into categories with respect to whether a + recovery plan for a species has been established; + (C) includes conservation outcomes associated with the + conservation activities; and + (D) as applicable, describes the conservation activities + that required interaction between Federal agencies and between + Federal agencies and State and Tribal agencies and units of + local government pursuant to the Endangered Species Act of 1973 + (16 U.S.C. 1531 et seq.). + SEC. 303. USE OF VALUE OF LAND FOR COST SHARING. The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended-- - (1) by redesignating section 13 as section 14; and - (2) by inserting after section 12 the following: - -``SEC. 13. VALUE OF LAND. - + (1) by redesignating section 13 as section 14; and + (2) by inserting after section 12 the following: + ``SEC. 13. VALUE OF LAND. ``Notwithstanding any other provision of law, any institution eligible to receive Federal funds under the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) @@ -2214,19 +1990,7 @@ shall be allowed to use the value of any land owned by the institution as an in-kind match to satisfy any cost sharing requirement under this Act.''. - Passed the Senate September 16, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - S. 3051 - -_______________________________________________________________________ - - AN ACT - - To improve protections for wildlife, and for other purposes. + Vice President of the United States and + President of the Senate. From 0205fa9db8ae8a3e80443e02e06a480772b6f67e Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 908/984] Senate-3084: Introduced to Senate --- bills_text/Senate-3084.txt | 57 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 57 insertions(+) create mode 100644 bills_text/Senate-3084.txt diff --git a/bills_text/Senate-3084.txt b/bills_text/Senate-3084.txt new file mode 100644 index 0000000..e63eb45 --- /dev/null +++ b/bills_text/Senate-3084.txt @@ -0,0 +1,57 @@ +116th CONGRESS + 1st Session + S. 3084 + +To amend title 38, United States Code, to modify the limitation on pay + for certain high-level employees and officers of the Department of + Veterans Affairs. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + December 18, 2019 + + Mr. Moran (for himself and Mr. Tester) introduced the following bill; +which was read twice and referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + +To amend title 38, United States Code, to modify the limitation on pay + for certain high-level employees and officers of the Department of + Veterans Affairs. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. MODIFICATION OF PAY LIMITATION FOR CERTAIN HIGH-LEVEL + EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF VETERANS + AFFAIRS. + + (a) Modification.--Section 7404(d) of title 38, United States Code, +is amended by inserting ``and except for individuals appointed under +7401(4) and 7306 of this title,'' after ``section 7457 of this +title,''. + (b) Waivers.-- + (1) In general.--The Secretary of Veterans Affairs may + waive the limitation described in section 7404(d) of such + title, as in effect on the day before the date of the enactment + of this Act, on the amount of basic pay payable to individuals + appointed under section 7401(4) or 7306 of such title for basic + pay payable during the period-- + (A) beginning on November 1, 2010; and + (B) ending on the day before the date of the + enactment of this Act. + (2) Form.--The Secretary shall prescribe the form for + requesting a waiver under paragraph (1). + (3) Treatment of waiver.--A decision not to grant a waiver + under paragraph (1) shall not be treated as an adverse action + and is not subject to further appeal, third-party review, or + judicial review. + \ No newline at end of file From 0c429211fcc8b3dc031b50c487dc8f7e79aab470 Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 909/984] Senate-3084: Engrossed in Senate --- bills_text/Senate-3084.txt | 39 ++++++++++++++++++++------------------ 1 file changed, 21 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-3084.txt b/bills_text/Senate-3084.txt index e63eb45..e4af77e 100644 --- a/bills_text/Senate-3084.txt +++ b/bills_text/Senate-3084.txt @@ -1,25 +1,10 @@ 116th CONGRESS - 1st Session + 2d Session S. 3084 -To amend title 38, United States Code, to modify the limitation on pay - for certain high-level employees and officers of the Department of - Veterans Affairs. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - December 18, 2019 - - Mr. Moran (for himself and Mr. Tester) introduced the following bill; -which was read twice and referred to the Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -54,4 +39,22 @@ title,''. under paragraph (1) shall not be treated as an adverse action and is not subject to further appeal, third-party review, or judicial review. - \ No newline at end of file + + Passed the Senate January 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3084 + +_______________________________________________________________________ + + AN ACT + +To amend title 38, United States Code, to modify the limitation on pay + for certain high-level employees and officers of the Department of + Veterans Affairs. From 23d3d658d33fc29b5dcd84b64489c7442d327250 Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 910/984] Senate-3084: Enrolled --- bills_text/Senate-3084.txt | 86 +++++++++++++++++--------------------- 1 file changed, 39 insertions(+), 47 deletions(-) diff --git a/bills_text/Senate-3084.txt b/bills_text/Senate-3084.txt index e4af77e..cdfb375 100644 --- a/bills_text/Senate-3084.txt +++ b/bills_text/Senate-3084.txt @@ -1,60 +1,52 @@ -116th CONGRESS - 2d Session - S. 3084 + S.3084 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend title 38, United States Code, to modify the limitation on pay - for certain high-level employees and officers of the Department of - Veterans Affairs. + To amend title 38, United States Code, to modify the limitation on pay + for certain high-level employees and officers of the Department of + Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. MODIFICATION OF PAY LIMITATION FOR CERTAIN HIGH-LEVEL - EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF VETERANS - AFFAIRS. - +EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Modification.--Section 7404(d) of title 38, United States Code, is amended by inserting ``and except for individuals appointed under -7401(4) and 7306 of this title,'' after ``section 7457 of this +sections 7401(4) and 7306 of this title,'' after ``section 7457 of this title,''. (b) Waivers.-- - (1) In general.--The Secretary of Veterans Affairs may - waive the limitation described in section 7404(d) of such - title, as in effect on the day before the date of the enactment - of this Act, on the amount of basic pay payable to individuals - appointed under section 7401(4) or 7306 of such title for basic - pay payable during the period-- - (A) beginning on November 1, 2010; and - (B) ending on the day before the date of the - enactment of this Act. - (2) Form.--The Secretary shall prescribe the form for - requesting a waiver under paragraph (1). - (3) Treatment of waiver.--A decision not to grant a waiver - under paragraph (1) shall not be treated as an adverse action - and is not subject to further appeal, third-party review, or - judicial review. - - Passed the Senate January 16, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3084 - -_______________________________________________________________________ - - AN ACT - -To amend title 38, United States Code, to modify the limitation on pay - for certain high-level employees and officers of the Department of - Veterans Affairs. + (1) In general.--The Secretary of Veterans Affairs may waive + the limitation described in section 7404(d) of such title, as in + effect on the day before the date of the enactment of this Act, on + the amount of basic pay payable to individuals appointed under + section 7401(4) or 7306 of such title for basic pay payable during + the period-- + (A) beginning on November 1, 2010; and + (B) ending on the day before the date of the enactment of + this Act. + (2) Form.--The Secretary shall prescribe the form for + requesting a waiver under paragraph (1). + (3) Treatment of waiver.--A decision not to grant a waiver + under paragraph (1) shall not be treated as an adverse action and + is not subject to further appeal, third-party review, or judicial + review. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 1f3aa0376070c50caa52d34ef0b273e8926a5655 Mon Sep 17 00:00:00 2001 From: "Sen. Braun, Mike [R-IN]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 911/984] Senate-3105: Engrossed in Senate --- bills_text/Senate-3105.txt | 45 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/Senate-3105.txt diff --git a/bills_text/Senate-3105.txt b/bills_text/Senate-3105.txt new file mode 100644 index 0000000..a535594 --- /dev/null +++ b/bills_text/Senate-3105.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 1st Session + S. 3105 + +_______________________________________________________________________ + + AN ACT + + + + To designate the facility of the United States Postal Service located +at 456 North Meridian Street in Indianapolis, Indiana, as the ``Richard + G. Lugar Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. RICHARD G. LUGAR POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 456 North Meridian Street in Indianapolis, Indiana, shall be +known and designated as the ``Richard G. Lugar Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Richard G. +Lugar Post Office''. + + Passed the Senate December 18, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 3105 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 456 North Meridian Street in Indianapolis, Indiana, as the ``Richard + G. Lugar Post Office''. From 0e5fdb91ee0aea4096148d5e3257528472d6b7ef Mon Sep 17 00:00:00 2001 From: "Sen. Braun, Mike [R-IN]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 912/984] Senate-3105: Enrolled --- bills_text/Senate-3105.txt | 47 ++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/Senate-3105.txt b/bills_text/Senate-3105.txt index a535594..1b2a2e3 100644 --- a/bills_text/Senate-3105.txt +++ b/bills_text/Senate-3105.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 1st Session - S. 3105 + S.3105 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 456 North Meridian Street in Indianapolis, Indiana, as the ``Richard - G. Lugar Post Office''. +To designate the facility of the United States Postal Service located at +456 North Meridian Street in Indianapolis, Indiana, as the ``Richard G. + Lugar Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. RICHARD G. LUGAR POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 456 North Meridian Street in Indianapolis, Indiana, shall be known and designated as the ``Richard G. Lugar Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Richard G. Lugar Post Office''. - Passed the Senate December 18, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 3105 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 456 North Meridian Street in Indianapolis, Indiana, as the ``Richard - G. Lugar Post Office''. + Vice President of the United States and + President of the Senate. From b7d9457f850fb285a84c16ec7f4ccba20ac31424 Mon Sep 17 00:00:00 2001 From: "Sen. Manchin, Joe, III [D-WV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 913/984] Senate-3147: Engrossed in Senate --- bills_text/Senate-3147.txt | 264 +++++++++++++++++++++++++++++++++++++ 1 file changed, 264 insertions(+) create mode 100644 bills_text/Senate-3147.txt diff --git a/bills_text/Senate-3147.txt b/bills_text/Senate-3147.txt new file mode 100644 index 0000000..5b11253 --- /dev/null +++ b/bills_text/Senate-3147.txt @@ -0,0 +1,264 @@ +116th CONGRESS + 1st Session + S. 3147 + +_______________________________________________________________________ + + AN ACT + + + + To require the Secretary of Veterans Affairs to submit to Congress +reports on patient safety and quality of care at medical centers of the + Department of Veterans Affairs, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Improving Safety and Security for +Veterans Act of 2019''. + +SEC. 2. DEPARTMENT OF VETERANS AFFAIRS REPORTS ON PATIENT SAFETY AND + QUALITY OF CARE. + + (a) Report on Patient Safety and Quality of Care.-- + (1) In general.--Not later than 30 days after the date of + the enactment of this Act, the Secretary of Veterans Affairs + shall submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a report regarding the policies and procedures + of the Department relating to patient safety and quality of + care and the steps that the Department has taken to make + improvements in patient safety and quality of care at medical + centers of the Department. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A description of the policies and procedures of + the Department and improvements made by the Department + with respect to the following: + (i) How often the Department reviews or + inspects patient safety at medical centers of + the Department. + (ii) What triggers the aggregated review + process at medical centers of the Department. + (iii) What controls the Department has in + place for controlled and other high-risk + substances, including the following: + (I) Access to such substances by + staff. + (II) What medications are dispensed + via automation. + (III) What systems are in place to + ensure proper matching of the correct + medication to the correct patient. + (IV) Controls of items such as + medication carts and pill bottles and + vials. + (V) Monitoring of the dispensing of + medication within medical centers of + the Department, including monitoring of + unauthorized dispensing. + (iv) How the Department monitors contact + between patients and employees of the + Department, including how employees are + monitored and tracked at medical centers of the + Department when entering and exiting the room + of a patient. + (v) How comprehensively the Department uses + video monitoring systems in medical centers of + the Department to enhance patient safety, + security, and quality of care. + (vi) How the Department tracks and reports + deaths at medical centers of the Department at + the local level, Veterans Integrated Service + Network level, and national level. + (vii) The procedures of the Department to + alert local, regional, and Department-wide + leadership when there is a statistically + abnormal number of deaths at a medical center + of the Department, including-- + (I) the manner and frequency in + which such alerts are made; and + (II) what is included in such an + alert, such as the nature of death and + where within the medical center the + death occurred. + (viii) The use of root cause analyses with + respect to patient deaths in medical centers of + the Department, including-- + (I) what threshold triggers a root + cause analysis for a patient death; + (II) who conducts the root cause + analysis; and + (III) how root cause analyses + determine whether a patient death is + suspicious or not. + (ix) What triggers a patient safety alert, + including how many suspicious deaths cause a + patient safety alert to be triggered. + (x) The situations in which an autopsy + report is ordered for deaths at hospitals of + the Department, including an identification + of-- + (I) when the medical examiner is + called to review a patient death; and + (II) the official or officials that + decide such a review is necessary. + (xi) The method for family members of a + patient who died at a medical center of the + Department to request an investigation into + that death. + (xii) The opportunities that exist for + family members of a patient who died at a + medical center of the Department to request an + autopsy for that death. + (xiii) The methods in place for employees + of the Department to report suspicious deaths + at medical centers of the Department. + (xiv) The steps taken by the Department if + an employee of the Department is suspected to + be implicated in a suspicious death at a + medical center of the Department, including-- + (I) actions to remove or suspend + that individual from patient care or + temporarily reassign that individual + and the speed at which that action + occurs; and + (II) steps taken to ensure that + other medical centers of the Department + and other non-Department medical + centers are aware of the suspected role + of the individual in a suspicious + death. + (xv) In the case of the suspicious death of + an individual while under care at a medical + center of the Department, the methods used by + the Department to inform the family members of + that individual. + (xvi) The policy of the Department for + communicating to the public when a suspicious + death occurs at a medical center of the + Department. + (B) A description of any additional authorities or + resources needed from Congress to implement any of the + actions, changes to policy, or other matters included + in the report required under paragraph (1) + (b) Report on Deaths at Louis A. Johnson Medical Center.-- + (1) In general.--Not later than 60 days after the date on + which the Attorney General indicates that any investigation or + trial related to the suspicious deaths of veterans at the Louis + A. Johnson VA Medical Center in Clarksburg, West Virginia, (in + this subsection referred to as the ``Facility'') that occurred + during 2017 and 2018 has sufficiently concluded, the Secretary + of Veterans Affairs shall submit to the Committee on Veterans' + Affairs of the Senate and the Committee on Veterans' Affairs of + the House of Representatives a report describing-- + (A) the events that occurred during that period + related to those suspicious deaths; and + (B) actions taken at the Facility and throughout + the Department of Veterans Affairs to prevent any + similar reoccurrence of the issues that contributed to + those suspicious deaths. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A timeline of events that occurred at the + Facility relating to the suspicious deaths described in + paragraph (1) beginning the moment those deaths were + first determined to be suspicious, including any + notifications to-- + (i) leadership of the Facility; + (ii) leadership of the Veterans Integrated + Service Network in which the Facility is + located; + (iii) leadership at the central office of + the Department; and + (iv) the Office of the Inspector General of + the Department of Veterans Affairs. + (B) A description of the actions taken by + leadership of the Facility, the Veterans Integrated + Service Network in which the Facility is located, and + the central office of the Department in response to the + suspicious deaths, including responses to notifications + under subparagraph (A). + (C) A description of the actions, including root + cause analyses, autopsies, or other activities that + were conducted after each of the suspicious deaths. + (D) A description of the changes made by the + Department since the suspicious deaths to procedures to + control access within medical centers of the Department + to controlled and non-controlled substances to prevent + harm to patients. + (E) A description of the changes made by the + Department to its nationwide controlled substance and + non-controlled substance policies as a result of the + suspicious deaths. + (F) A description of the changes planned or made by + the Department to its video surveillance at medical + centers of the Department to improve patient safety and + quality of care in response to the suspicious deaths. + (G) An analysis of the review of sentinel events + conducted at the Facility in response to the suspicious + deaths and whether that review was conducted consistent + with policies and procedures of the Department. + (H) A description of the steps the Department has + taken or will take to improve the monitoring of the + credentials of employees of the Department to ensure + the validity of those credentials, including all + employees that interact with patients in the provision + of medical care. + (I) A description of the steps the Department has + taken or will take to monitor and mitigate the behavior + of employee bad actors, including those who attempt to + conceal their mistreatment of veteran patients. + (J) A description of the steps the Department has + taken or will take to enhance or create new monitoring + systems that-- + (i) automatically collect and analyze data + from medical centers of the Department and + monitor for warnings signs or unusual health + patterns that may indicate a health safety or + quality problem at a particular medical center; + and + (ii) automatically share those warnings + with other medical centers of the Department, + relevant Veterans Integrated Service Networks, + and officials of the central office of the + Department. + (K) A description of the accountability actions + that have been taken at the Facility to remove or + discipline employees who significantly participated in + the actions that contributed to the suspicious deaths. + (L) A description of the system-wide reporting + process that the Department will or has implemented to + ensure that relevant employees are properly reported, + when applicable, to the National Practitioner Data Bank + of the Department of Health and Human Services, the + applicable State licensing boards, the Drug Enforcement + Administration, and other relevant entities. + (M) A description of any additional authorities or + resources needed from Congress to implement any of the + recommendations or findings included in the report + required under paragraph (1). + (N) Such other matters as the Secretary considers + necessary. + + Passed the Senate December 19, 2019. + + Attest: + + Secretary. +116th CONGRESS + + 1st Session + + S. 3147 + +_______________________________________________________________________ + + AN ACT + + To require the Secretary of Veterans Affairs to submit to Congress +reports on patient safety and quality of care at medical centers of the + Department of Veterans Affairs, and for other purposes. From 009562f67e369124225afe821a15841f32b1e9f1 Mon Sep 17 00:00:00 2001 From: "Sen. Manchin, Joe, III [D-WV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 914/984] Senate-3147: Enrolled --- bills_text/Senate-3147.txt | 468 +++++++++++++++++-------------------- 1 file changed, 219 insertions(+), 249 deletions(-) diff --git a/bills_text/Senate-3147.txt b/bills_text/Senate-3147.txt index 5b11253..ba15db3 100644 --- a/bills_text/Senate-3147.txt +++ b/bills_text/Senate-3147.txt @@ -1,264 +1,234 @@ -116th CONGRESS - 1st Session - S. 3147 + S.3147 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To require the Secretary of Veterans Affairs to submit to Congress + To require the Secretary of Veterans Affairs to submit to Congress reports on patient safety and quality of care at medical centers of the - Department of Veterans Affairs, and for other purposes. + Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Improving Safety and Security for Veterans Act of 2019''. - SEC. 2. DEPARTMENT OF VETERANS AFFAIRS REPORTS ON PATIENT SAFETY AND - QUALITY OF CARE. - +QUALITY OF CARE. (a) Report on Patient Safety and Quality of Care.-- - (1) In general.--Not later than 30 days after the date of - the enactment of this Act, the Secretary of Veterans Affairs - shall submit to the Committee on Veterans' Affairs of the - Senate and the Committee on Veterans' Affairs of the House of - Representatives a report regarding the policies and procedures - of the Department relating to patient safety and quality of - care and the steps that the Department has taken to make - improvements in patient safety and quality of care at medical - centers of the Department. - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) A description of the policies and procedures of - the Department and improvements made by the Department - with respect to the following: - (i) How often the Department reviews or - inspects patient safety at medical centers of - the Department. - (ii) What triggers the aggregated review - process at medical centers of the Department. - (iii) What controls the Department has in - place for controlled and other high-risk - substances, including the following: - (I) Access to such substances by - staff. - (II) What medications are dispensed - via automation. - (III) What systems are in place to - ensure proper matching of the correct - medication to the correct patient. - (IV) Controls of items such as - medication carts and pill bottles and - vials. - (V) Monitoring of the dispensing of - medication within medical centers of - the Department, including monitoring of - unauthorized dispensing. - (iv) How the Department monitors contact - between patients and employees of the - Department, including how employees are - monitored and tracked at medical centers of the - Department when entering and exiting the room - of a patient. - (v) How comprehensively the Department uses - video monitoring systems in medical centers of - the Department to enhance patient safety, - security, and quality of care. - (vi) How the Department tracks and reports - deaths at medical centers of the Department at - the local level, Veterans Integrated Service - Network level, and national level. - (vii) The procedures of the Department to - alert local, regional, and Department-wide - leadership when there is a statistically - abnormal number of deaths at a medical center - of the Department, including-- - (I) the manner and frequency in - which such alerts are made; and - (II) what is included in such an - alert, such as the nature of death and - where within the medical center the - death occurred. - (viii) The use of root cause analyses with - respect to patient deaths in medical centers of - the Department, including-- - (I) what threshold triggers a root - cause analysis for a patient death; - (II) who conducts the root cause - analysis; and - (III) how root cause analyses - determine whether a patient death is - suspicious or not. - (ix) What triggers a patient safety alert, - including how many suspicious deaths cause a - patient safety alert to be triggered. - (x) The situations in which an autopsy - report is ordered for deaths at hospitals of - the Department, including an identification - of-- - (I) when the medical examiner is - called to review a patient death; and - (II) the official or officials that - decide such a review is necessary. - (xi) The method for family members of a - patient who died at a medical center of the - Department to request an investigation into - that death. - (xii) The opportunities that exist for - family members of a patient who died at a - medical center of the Department to request an - autopsy for that death. - (xiii) The methods in place for employees - of the Department to report suspicious deaths - at medical centers of the Department. - (xiv) The steps taken by the Department if - an employee of the Department is suspected to - be implicated in a suspicious death at a - medical center of the Department, including-- - (I) actions to remove or suspend - that individual from patient care or - temporarily reassign that individual - and the speed at which that action - occurs; and - (II) steps taken to ensure that - other medical centers of the Department - and other non-Department medical - centers are aware of the suspected role - of the individual in a suspicious - death. - (xv) In the case of the suspicious death of - an individual while under care at a medical - center of the Department, the methods used by - the Department to inform the family members of - that individual. - (xvi) The policy of the Department for - communicating to the public when a suspicious - death occurs at a medical center of the - Department. - (B) A description of any additional authorities or - resources needed from Congress to implement any of the - actions, changes to policy, or other matters included - in the report required under paragraph (1) + (1) In general.--Not later than 30 days after the date of the + enactment of this Act, the Secretary of Veterans Affairs shall + submit to the Committee on Veterans' Affairs of the Senate and the + Committee on Veterans' Affairs of the House of Representatives a + report regarding the policies and procedures of the Department + relating to patient safety and quality of care and the steps that + the Department has taken to make improvements in patient safety and + quality of care at medical centers of the Department. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A description of the policies and procedures of the + Department and improvements made by the Department with respect + to the following: + (i) How often the Department reviews or inspects + patient safety at medical centers of the Department. + (ii) What triggers the aggregated review process at + medical centers of the Department. + (iii) What controls the Department has in place for + controlled and other high-risk substances, including the + following: + + (I) Access to such substances by staff. + (II) What medications are dispensed via automation. + (III) What systems are in place to ensure proper + matching of the correct medication to the correct + patient. + (IV) Controls of items such as medication carts and + pill bottles and vials. + (V) Monitoring of the dispensing of medication + within medical centers of the Department, including + monitoring of unauthorized dispensing. + + (iv) How the Department monitors contact between + patients and employees of the Department, including how + employees are monitored and tracked at medical centers of + the Department when entering and exiting the room of a + patient. + (v) How comprehensively the Department uses video + monitoring systems in medical centers of the Department to + enhance patient safety, security, and quality of care. + (vi) How the Department tracks and reports deaths at + medical centers of the Department at the local level, + Veterans Integrated Service Network level, and national + level. + (vii) The procedures of the Department to alert local, + regional, and Department-wide leadership when there is a + statistically abnormal number of deaths at a medical center + of the Department, including-- + + (I) the manner and frequency in which such alerts + are made; and + (II) what is included in such an alert, such as the + nature of death and where within the medical center the + death occurred. + + (viii) The use of root cause analyses with respect to + patient deaths in medical centers of the Department, + including-- + + (I) what threshold triggers a root cause analysis + for a patient death; + (II) who conducts the root cause analysis; and + (III) how root cause analyses determine whether a + patient death is suspicious or not. + + (ix) What triggers a patient safety alert, including + how many suspicious deaths cause a patient safety alert to + be triggered. + (x) The situations in which an autopsy report is + ordered for deaths at hospitals of the Department, + including an identification of-- + + (I) when the medical examiner is called to review a + patient death; and + (II) the official or officials that decide such a + review is necessary. + + (xi) The method for family members of a patient who + died at a medical center of the Department to request an + investigation into that death. + (xii) The opportunities that exist for family members + of a patient who died at a medical center of the Department + to request an autopsy for that death. + (xiii) The methods in place for employees of the + Department to report suspicious deaths at medical centers + of the Department. + (xiv) The steps taken by the Department if an employee + of the Department is suspected to be implicated in a + suspicious death at a medical center of the Department, + including-- + + (I) actions to remove or suspend that individual + from patient care or temporarily reassign that + individual and the speed at which that action occurs; + and + (II) steps taken to ensure that other medical + centers of the Department and other non-Department + medical centers are aware of the suspected role of the + individual in a suspicious death. + + (xv) In the case of the suspicious death of an + individual while under care at a medical center of the + Department, the methods used by the Department to inform + the family members of that individual. + (xvi) The policy of the Department for communicating to + the public when a suspicious death occurs at a medical + center of the Department. + (B) A description of any additional authorities or + resources needed from Congress to implement any of the actions, + changes to policy, or other matters included in the report + required under paragraph (1) (b) Report on Deaths at Louis A. Johnson Medical Center.-- - (1) In general.--Not later than 60 days after the date on - which the Attorney General indicates that any investigation or - trial related to the suspicious deaths of veterans at the Louis - A. Johnson VA Medical Center in Clarksburg, West Virginia, (in - this subsection referred to as the ``Facility'') that occurred - during 2017 and 2018 has sufficiently concluded, the Secretary - of Veterans Affairs shall submit to the Committee on Veterans' - Affairs of the Senate and the Committee on Veterans' Affairs of - the House of Representatives a report describing-- - (A) the events that occurred during that period - related to those suspicious deaths; and - (B) actions taken at the Facility and throughout - the Department of Veterans Affairs to prevent any - similar reoccurrence of the issues that contributed to - those suspicious deaths. - (2) Elements.--The report required by paragraph (1) shall - include the following: - (A) A timeline of events that occurred at the - Facility relating to the suspicious deaths described in - paragraph (1) beginning the moment those deaths were - first determined to be suspicious, including any - notifications to-- - (i) leadership of the Facility; - (ii) leadership of the Veterans Integrated - Service Network in which the Facility is - located; - (iii) leadership at the central office of - the Department; and - (iv) the Office of the Inspector General of - the Department of Veterans Affairs. - (B) A description of the actions taken by - leadership of the Facility, the Veterans Integrated - Service Network in which the Facility is located, and - the central office of the Department in response to the - suspicious deaths, including responses to notifications - under subparagraph (A). - (C) A description of the actions, including root - cause analyses, autopsies, or other activities that - were conducted after each of the suspicious deaths. - (D) A description of the changes made by the - Department since the suspicious deaths to procedures to - control access within medical centers of the Department - to controlled and non-controlled substances to prevent - harm to patients. - (E) A description of the changes made by the - Department to its nationwide controlled substance and - non-controlled substance policies as a result of the - suspicious deaths. - (F) A description of the changes planned or made by - the Department to its video surveillance at medical - centers of the Department to improve patient safety and - quality of care in response to the suspicious deaths. - (G) An analysis of the review of sentinel events - conducted at the Facility in response to the suspicious - deaths and whether that review was conducted consistent - with policies and procedures of the Department. - (H) A description of the steps the Department has - taken or will take to improve the monitoring of the - credentials of employees of the Department to ensure - the validity of those credentials, including all - employees that interact with patients in the provision - of medical care. - (I) A description of the steps the Department has - taken or will take to monitor and mitigate the behavior - of employee bad actors, including those who attempt to - conceal their mistreatment of veteran patients. - (J) A description of the steps the Department has - taken or will take to enhance or create new monitoring - systems that-- - (i) automatically collect and analyze data - from medical centers of the Department and - monitor for warnings signs or unusual health - patterns that may indicate a health safety or - quality problem at a particular medical center; - and - (ii) automatically share those warnings - with other medical centers of the Department, - relevant Veterans Integrated Service Networks, - and officials of the central office of the - Department. - (K) A description of the accountability actions - that have been taken at the Facility to remove or - discipline employees who significantly participated in - the actions that contributed to the suspicious deaths. - (L) A description of the system-wide reporting - process that the Department will or has implemented to - ensure that relevant employees are properly reported, - when applicable, to the National Practitioner Data Bank - of the Department of Health and Human Services, the - applicable State licensing boards, the Drug Enforcement - Administration, and other relevant entities. - (M) A description of any additional authorities or - resources needed from Congress to implement any of the - recommendations or findings included in the report - required under paragraph (1). - (N) Such other matters as the Secretary considers - necessary. - - Passed the Senate December 19, 2019. - - Attest: - - Secretary. -116th CONGRESS - - 1st Session - - S. 3147 - -_______________________________________________________________________ - - AN ACT - - To require the Secretary of Veterans Affairs to submit to Congress -reports on patient safety and quality of care at medical centers of the - Department of Veterans Affairs, and for other purposes. + (1) In general.--Not later than 60 days after the date on which + the Attorney General indicates that any investigation or trial + related to the suspicious deaths of veterans at the Louis A. + Johnson VA Medical Center in Clarksburg, West Virginia, (in this + subsection referred to as the ``Facility'') that occurred during + 2017 and 2018 has sufficiently concluded, the Secretary of Veterans + Affairs shall submit to the Committee on Veterans' Affairs of the + Senate and the Committee on Veterans' Affairs of the House of + Representatives a report describing-- + (A) the events that occurred during that period related to + those suspicious deaths; and + (B) actions taken at the Facility and throughout the + Department of Veterans Affairs to prevent any similar + reoccurrence of the issues that contributed to those suspicious + deaths. + (2) Elements.--The report required by paragraph (1) shall + include the following: + (A) A timeline of events that occurred at the Facility + relating to the suspicious deaths described in paragraph (1) + beginning the moment those deaths were first determined to be + suspicious, including any notifications to-- + (i) leadership of the Facility; + (ii) leadership of the Veterans Integrated Service + Network in which the Facility is located; + (iii) leadership at the central office of the + Department; and + (iv) the Office of the Inspector General of the + Department of Veterans Affairs. + (B) A description of the actions taken by leadership of the + Facility, the Veterans Integrated Service Network in which the + Facility is located, and the central office of the Department + in response to the suspicious deaths, including responses to + notifications under subparagraph (A). + (C) A description of the actions, including root cause + analyses, autopsies, or other activities that were conducted + after each of the suspicious deaths. + (D) A description of the changes made by the Department + since the suspicious deaths to procedures to control access + within medical centers of the Department to controlled and non- + controlled substances to prevent harm to patients. + (E) A description of the changes made by the Department to + its nationwide controlled substance and non-controlled + substance policies as a result of the suspicious deaths. + (F) A description of the changes planned or made by the + Department to its video surveillance at medical centers of the + Department to improve patient safety and quality of care in + response to the suspicious deaths. + (G) An analysis of the review of sentinel events conducted + at the Facility in response to the suspicious deaths and + whether that review was conducted consistent with policies and + procedures of the Department. + (H) A description of the steps the Department has taken or + will take to improve the monitoring of the credentials of + employees of the Department to ensure the validity of those + credentials, including all employees that interact with + patients in the provision of medical care. + (I) A description of the steps the Department has taken or + will take to monitor and mitigate the behavior of employee bad + actors, including those who attempt to conceal their + mistreatment of veteran patients. + (J) A description of the steps the Department has taken or + will take to enhance or create new monitoring systems that-- + (i) automatically collect and analyze data from medical + centers of the Department and monitor for warnings signs or + unusual health patterns that may indicate a health safety + or quality problem at a particular medical center; and + (ii) automatically share those warnings with other + medical centers of the Department, relevant Veterans + Integrated Service Networks, and officials of the central + office of the Department. + (K) A description of the accountability actions that have + been taken at the Facility to remove or discipline employees + who significantly participated in the actions that contributed + to the suspicious deaths. + (L) A description of the system-wide reporting process that + the Department will or has implemented to ensure that relevant + employees are properly reported, when applicable, to the + National Practitioner Data Bank of the Department of Health and + Human Services, the applicable State licensing boards, the Drug + Enforcement Administration, and other relevant entities. + (M) A description of any additional authorities or + resources needed from Congress to implement any of the + recommendations or findings included in the report required + under paragraph (1). + (N) Such other matters as the Secretary considers + necessary. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From fbd554aa19e5b607488f6f5b2cb156850e44727f Mon Sep 17 00:00:00 2001 From: "Sen. Graham, Lindsey [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 915/984] Senate-3201: Engrossed in Senate --- bills_text/Senate-3201.txt | 159 +++++++++++++++++++++++++++++++++++++ 1 file changed, 159 insertions(+) create mode 100644 bills_text/Senate-3201.txt diff --git a/bills_text/Senate-3201.txt b/bills_text/Senate-3201.txt new file mode 100644 index 0000000..554ba75 --- /dev/null +++ b/bills_text/Senate-3201.txt @@ -0,0 +1,159 @@ +116th CONGRESS + 2d Session + S. 3201 + +_______________________________________________________________________ + + AN ACT + + + + To extend the temporary scheduling order for fentanyl-related + substances, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Temporary Reauthorization and Study +of the Emergency Scheduling of Fentanyl Analogues Act''. + +SEC. 2. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. + + Notwithstanding any other provision of law, section 1308.11(h)(30) +of title 21, Code of Federal Regulations, shall remain in effect until +May 6, 2021. + +SEC. 3. STUDY AND REPORT ON IMPACTS OF CLASSWIDE SCHEDULING. + + (a) Definition.--In this section, the term ``fentanyl-related +substance'' has the meaning given the term in section 1308.11(h)(30)(i) +of title 21, Code of Federal Regulations. + (b) GAO Report.--The Comptroller General of the United States +shall-- + (1) conduct a study of the classification of fentanyl- + related substances as schedule I controlled substances under + the Controlled Substances Act (21 U.S.C. 801 et seq.), research + on fentanyl-related substances, and the importation of + fentanyl-related substances into the United States; and + (2) not later than 1 year after the date of enactment of + this Act, submit a report on the results of the study conducted + under paragraph (1) to-- + (A) the Committee on the Judiciary of the Senate; + (B) the Committee on Health, Education, Labor, and + Pensions of the Senate; + (C) the Caucus on International Narcotics Control + of the Senate; + (D) the Committee on the Judiciary of the House of + Representatives; and + (E) the Committee on Energy and Commerce of the + House of Representatives. + (c) Requirements.--The Comptroller General, in conducting the study +and developing the report required under subsection (b), shall-- + (1) evaluate class control of fentanyl-related substances, + including-- + (A) the definition of the class of fentanyl-related + substances in section 1308.11(h)(30)(i) of title 21, + Code of Federal Regulations, including the process by + which the definition was formulated; + (B) the potential for classifying fentanyl-related + substances with no, or low, abuse potential, or + potential accepted medical use, as schedule I + controlled substances when scheduled as a class; and + (C) any known classification of fentanyl-related + substances with no, or low, abuse potential, or + potential accepted medical use, as schedule I + controlled substances that has resulted from the + scheduling action of the Drug Enforcement + Administration that added paragraph (h)(30) to section + 1308.11 of title 21, Code of Federal Regulations; + (2) review the impact or potential impact of controls on + fentanyl-related substances on public health and safety, + including on-- + (A) diversion risks, overdose deaths, and law + enforcement encounters with fentanyl-related + substances; and + (B) Federal law enforcement investigations and + prosecutions of offenses relating to fentanyl-related + substances; + (3) review the impact of international regulatory controls + on fentanyl-related substances on the supply of such substances + to the United States, including by the Government of the + People's Republic of China; + (4) review the impact or potential impact of screening and + other interdiction efforts at points of entry into the United + States on the importation of fentanyl-related substances into + the United States; + (5) recommend best practices for accurate, swift, and + permanent control of fentanyl-related substances, including-- + (A) how to quickly remove from the schedules under + the Controlled Substances Act substances that are + determined, upon discovery, to have no abuse potential; + and + (B) how to reschedule substances that are + determined, upon discovery, to have a low abuse + potential or potential accepted medical use; + (6) review the impact or potential impact of fentanyl- + related controls by class on scientific and biomedical + research; and + (7) evaluate the processes used to obtain or modify Federal + authorization to conduct research with fentanyl-related + substances, including by-- + (A) identifying opportunities to reduce unnecessary + burdens on persons seeking to research fentanyl-related + substances; + (B) identifying opportunities to reduce any + redundancies in the responsibilities of Federal + agencies; + (C) identifying opportunities to reduce any + inefficiencies related to the processes used to obtain + or modify Federal authorization to conduct research + with fentanyl-related substances; + (D) identifying opportunities to improve the + protocol review and approval process conducted by + Federal agencies; and + (E) evaluating the degree, if any, to which + establishing processes to obtain or modify a Federal + authorization to conduct research with a fentanyl- + related substance that are separate from the applicable + processes for other schedule I controlled substances + could exacerbate burdens or lead to confusion among + persons seeking to research fentanyl-related substances + or other schedule I controlled substances. + (d) Input From Certain Federal Agencies.--In conducting the study +and developing the report under subsection (b), the Comptroller General +shall consider the views of the Department of Health and Human Services +and the Department of Justice. + (e) Information From Federal Agencies.--Each Federal department or +agency shall, in accordance with applicable procedures for the +appropriate handling of classified information, promptly provide +reasonable access to documents, statistical data, and any other +information that the Comptroller General determines is necessary to +conduct the study and develop the report required under subsection (b). + (f) Input From Certain Non-Federal Entities.--In conducting the +study and developing the report under subsection (b), the Comptroller +General shall consider the views of experts from certain non-Federal +entities, including experts from-- + (1) the scientific and medical research community; + (2) the State and local law enforcement community; and + (3) the civil rights and criminal justice reform + communities. + + Passed the Senate January 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3201 + +_______________________________________________________________________ + + AN ACT + + To extend the temporary scheduling order for fentanyl-related + substances, and for other purposes. From 55402691b65283b32e730c911b28d9a1dd2747b5 Mon Sep 17 00:00:00 2001 From: "Sen. Graham, Lindsey [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 916/984] Senate-3201: Enrolled --- bills_text/Senate-3201.txt | 216 +++++++++++++++++-------------------- 1 file changed, 98 insertions(+), 118 deletions(-) diff --git a/bills_text/Senate-3201.txt b/bills_text/Senate-3201.txt index 554ba75..5160d65 100644 --- a/bills_text/Senate-3201.txt +++ b/bills_text/Senate-3201.txt @@ -1,126 +1,120 @@ -116th CONGRESS - 2d Session - S. 3201 + S.3201 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To extend the temporary scheduling order for fentanyl-related - substances, and for other purposes. + substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act''. - SEC. 2. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. - Notwithstanding any other provision of law, section 1308.11(h)(30) of title 21, Code of Federal Regulations, shall remain in effect until May 6, 2021. - SEC. 3. STUDY AND REPORT ON IMPACTS OF CLASSWIDE SCHEDULING. - (a) Definition.--In this section, the term ``fentanyl-related substance'' has the meaning given the term in section 1308.11(h)(30)(i) of title 21, Code of Federal Regulations. (b) GAO Report.--The Comptroller General of the United States shall-- - (1) conduct a study of the classification of fentanyl- - related substances as schedule I controlled substances under - the Controlled Substances Act (21 U.S.C. 801 et seq.), research - on fentanyl-related substances, and the importation of - fentanyl-related substances into the United States; and - (2) not later than 1 year after the date of enactment of - this Act, submit a report on the results of the study conducted - under paragraph (1) to-- - (A) the Committee on the Judiciary of the Senate; - (B) the Committee on Health, Education, Labor, and - Pensions of the Senate; - (C) the Caucus on International Narcotics Control - of the Senate; - (D) the Committee on the Judiciary of the House of - Representatives; and - (E) the Committee on Energy and Commerce of the - House of Representatives. + (1) conduct a study of the classification of fentanyl-related + substances as schedule I controlled substances under the Controlled + Substances Act (21 U.S.C. 801 et seq.), research on fentanyl- + related substances, and the importation of fentanyl-related + substances into the United States; and + (2) not later than 1 year after the date of enactment of this + Act, submit a report on the results of the study conducted under + paragraph (1) to-- + (A) the Committee on the Judiciary of the Senate; + (B) the Committee on Health, Education, Labor, and Pensions + of the Senate; + (C) the Caucus on International Narcotics Control of the + Senate; + (D) the Committee on the Judiciary of the House of + Representatives; and + (E) the Committee on Energy and Commerce of the House of + Representatives. (c) Requirements.--The Comptroller General, in conducting the study and developing the report required under subsection (b), shall-- - (1) evaluate class control of fentanyl-related substances, - including-- - (A) the definition of the class of fentanyl-related - substances in section 1308.11(h)(30)(i) of title 21, - Code of Federal Regulations, including the process by - which the definition was formulated; - (B) the potential for classifying fentanyl-related - substances with no, or low, abuse potential, or - potential accepted medical use, as schedule I - controlled substances when scheduled as a class; and - (C) any known classification of fentanyl-related - substances with no, or low, abuse potential, or - potential accepted medical use, as schedule I - controlled substances that has resulted from the - scheduling action of the Drug Enforcement - Administration that added paragraph (h)(30) to section - 1308.11 of title 21, Code of Federal Regulations; - (2) review the impact or potential impact of controls on - fentanyl-related substances on public health and safety, - including on-- - (A) diversion risks, overdose deaths, and law - enforcement encounters with fentanyl-related - substances; and - (B) Federal law enforcement investigations and - prosecutions of offenses relating to fentanyl-related - substances; - (3) review the impact of international regulatory controls - on fentanyl-related substances on the supply of such substances - to the United States, including by the Government of the - People's Republic of China; - (4) review the impact or potential impact of screening and - other interdiction efforts at points of entry into the United - States on the importation of fentanyl-related substances into - the United States; - (5) recommend best practices for accurate, swift, and - permanent control of fentanyl-related substances, including-- - (A) how to quickly remove from the schedules under - the Controlled Substances Act substances that are - determined, upon discovery, to have no abuse potential; - and - (B) how to reschedule substances that are - determined, upon discovery, to have a low abuse - potential or potential accepted medical use; - (6) review the impact or potential impact of fentanyl- - related controls by class on scientific and biomedical - research; and - (7) evaluate the processes used to obtain or modify Federal + (1) evaluate class control of fentanyl-related substances, + including-- + (A) the definition of the class of fentanyl-related + substances in section 1308.11(h)(30)(i) of title 21, Code of + Federal Regulations, including the process by which the + definition was formulated; + (B) the potential for classifying fentanyl-related + substances with no, or low, abuse potential, or potential + accepted medical use, as schedule I controlled substances when + scheduled as a class; and + (C) any known classification of fentanyl-related substances + with no, or low, abuse potential, or potential accepted medical + use, as schedule I controlled substances that has resulted from + the scheduling action of the Drug Enforcement Administration + that added paragraph (h)(30) to section 1308.11 of title 21, + Code of Federal Regulations; + (2) review the impact or potential impact of controls on + fentanyl-related substances on public health and safety, including + on-- + (A) diversion risks, overdose deaths, and law enforcement + encounters with fentanyl-related substances; and + (B) Federal law enforcement investigations and prosecutions + of offenses relating to fentanyl-related substances; + (3) review the impact of international regulatory controls on + fentanyl-related substances on the supply of such substances to the + United States, including by the Government of the People's Republic + of China; + (4) review the impact or potential impact of screening and + other interdiction efforts at points of entry into the United + States on the importation of fentanyl-related substances into the + United States; + (5) recommend best practices for accurate, swift, and permanent + control of fentanyl-related substances, including-- + (A) how to quickly remove from the schedules under the + Controlled Substances Act substances that are determined, upon + discovery, to have no abuse potential; and + (B) how to reschedule substances that are determined, upon + discovery, to have a low abuse potential or potential accepted + medical use; + (6) review the impact or potential impact of fentanyl-related + controls by class on scientific and biomedical research; and + (7) evaluate the processes used to obtain or modify Federal + authorization to conduct research with fentanyl-related substances, + including by-- + (A) identifying opportunities to reduce unnecessary burdens + on persons seeking to research fentanyl-related substances; + (B) identifying opportunities to reduce any redundancies in + the responsibilities of Federal agencies; + (C) identifying opportunities to reduce any inefficiencies + related to the processes used to obtain or modify Federal authorization to conduct research with fentanyl-related - substances, including by-- - (A) identifying opportunities to reduce unnecessary - burdens on persons seeking to research fentanyl-related - substances; - (B) identifying opportunities to reduce any - redundancies in the responsibilities of Federal - agencies; - (C) identifying opportunities to reduce any - inefficiencies related to the processes used to obtain - or modify Federal authorization to conduct research - with fentanyl-related substances; - (D) identifying opportunities to improve the - protocol review and approval process conducted by - Federal agencies; and - (E) evaluating the degree, if any, to which - establishing processes to obtain or modify a Federal - authorization to conduct research with a fentanyl- - related substance that are separate from the applicable - processes for other schedule I controlled substances - could exacerbate burdens or lead to confusion among - persons seeking to research fentanyl-related substances - or other schedule I controlled substances. + substances; + (D) identifying opportunities to improve the protocol + review and approval process conducted by Federal agencies; and + (E) evaluating the degree, if any, to which establishing + processes to obtain or modify a Federal authorization to + conduct research with a fentanyl-related substance that are + separate from the applicable processes for other schedule I + controlled substances could exacerbate burdens or lead to + confusion among persons seeking to research fentanyl-related + substances or other schedule I controlled substances. (d) Input From Certain Federal Agencies.--In conducting the study and developing the report under subsection (b), the Comptroller General shall consider the views of the Department of Health and Human Services @@ -135,25 +129,11 @@ conduct the study and develop the report required under subsection (b). study and developing the report under subsection (b), the Comptroller General shall consider the views of experts from certain non-Federal entities, including experts from-- - (1) the scientific and medical research community; - (2) the State and local law enforcement community; and - (3) the civil rights and criminal justice reform - communities. - - Passed the Senate January 16, 2020. - - Attest: - - Secretary. -116th CONGRESS + (1) the scientific and medical research community; + (2) the State and local law enforcement community; and + (3) the civil rights and criminal justice reform communities. - 2d Session + Speaker of the House of Representatives. - S. 3201 - -_______________________________________________________________________ - - AN ACT - - To extend the temporary scheduling order for fentanyl-related - substances, and for other purposes. + Vice President of the United States and + President of the Senate. From dcf70d2b1deea9c1b8a09dc656e14be7c7276d4a Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 917/984] Senate-3257: Introduced to Senate --- bills_text/Senate-3257.txt | 44 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/Senate-3257.txt diff --git a/bills_text/Senate-3257.txt b/bills_text/Senate-3257.txt new file mode 100644 index 0000000..1c1d0ad --- /dev/null +++ b/bills_text/Senate-3257.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 2d Session + S. 3257 + + To designate the facility of the United States Postal Service located + at 311 West Wisconsin Avenue in Tomahawk, Wisconsin, as the ``Einar + `Sarge' H. Ingman, Jr. Post Office Building''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 5, 2020 + + Mr. Johnson (for himself and Ms. Baldwin) introduced the following + bill; which was read twice and referred to the Committee on Homeland + Security and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 311 West Wisconsin Avenue in Tomahawk, Wisconsin, as the ``Einar + `Sarge' H. Ingman, Jr. Post Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. EINAR ``SARGE'' H. INGMAN, JR. POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 311 West Wisconsin Avenue in Tomahawk, Wisconsin, shall be +known and designated as the ``Einar `Sarge' H. Ingman, Jr. Post Office +Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Einar +`Sarge' H. Ingman, Jr. Post Office Building''. + \ No newline at end of file From 9d81adbc8dbf379e6eb904104a3cfe4e24c76f17 Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 918/984] Senate-3257: Engrossed in Senate --- bills_text/Senate-3257.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-3257.txt b/bills_text/Senate-3257.txt index 1c1d0ad..3329b5f 100644 --- a/bills_text/Senate-3257.txt +++ b/bills_text/Senate-3257.txt @@ -2,25 +2,9 @@ 2d Session S. 3257 - To designate the facility of the United States Postal Service located - at 311 West Wisconsin Avenue in Tomahawk, Wisconsin, as the ``Einar - `Sarge' H. Ingman, Jr. Post Office Building''. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - February 5, 2020 - - Mr. Johnson (for himself and Ms. Baldwin) introduced the following - bill; which was read twice and referred to the Committee on Homeland - Security and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -41,4 +25,22 @@ Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Einar `Sarge' H. Ingman, Jr. Post Office Building''. - \ No newline at end of file + + Passed the Senate November 18, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3257 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 311 West Wisconsin Avenue in Tomahawk, Wisconsin, as the ``Einar + `Sarge' H. Ingman, Jr. Post Office Building''. From 6e6e6408a897d427bf0a838f6ac55b4f4ab28481 Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 919/984] Senate-3257: Enrolled --- bills_text/Senate-3257.txt | 47 ++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/Senate-3257.txt b/bills_text/Senate-3257.txt index 3329b5f..414e0c2 100644 --- a/bills_text/Senate-3257.txt +++ b/bills_text/Senate-3257.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - S. 3257 + S.3257 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 311 West Wisconsin Avenue in Tomahawk, Wisconsin, as the ``Einar - `Sarge' H. Ingman, Jr. Post Office Building''. +To designate the facility of the United States Postal Service located at +311 West Wisconsin Avenue in Tomahawk, Wisconsin, as the ``Einar `Sarge' + H. Ingman, Jr. Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. EINAR ``SARGE'' H. INGMAN, JR. POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 311 West Wisconsin Avenue in Tomahawk, Wisconsin, shall be known and designated as the ``Einar `Sarge' H. Ingman, Jr. Post Office @@ -26,21 +33,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Einar `Sarge' H. Ingman, Jr. Post Office Building''. - Passed the Senate November 18, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3257 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 311 West Wisconsin Avenue in Tomahawk, Wisconsin, as the ``Einar - `Sarge' H. Ingman, Jr. Post Office Building''. + Vice President of the United States and + President of the Senate. From 58148c2532945710beb444078820e104b0e1d72f Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 920/984] Senate-3312: Introduced to Senate --- bills_text/Senate-3312.txt | 218 +++++++++++++++++++++++++++++++++++++ 1 file changed, 218 insertions(+) create mode 100644 bills_text/Senate-3312.txt diff --git a/bills_text/Senate-3312.txt b/bills_text/Senate-3312.txt new file mode 100644 index 0000000..43f2d51 --- /dev/null +++ b/bills_text/Senate-3312.txt @@ -0,0 +1,218 @@ +116th CONGRESS + 2d Session + S. 3312 + + To establish a crisis stabilization and community reentry grant + program, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + February 13, 2020 + + Mr. Cornyn (for himself and Mr. Blumenthal) introduced the following + bill; which was read twice and referred to the Committee on the + Judiciary + +_______________________________________________________________________ + + A BILL + + + + To establish a crisis stabilization and community reentry grant + program, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Crisis Stabilization and Community +Reentry Act of 2020''. + +SEC. 2. MENTAL HEALTH CRISIS STABILIZATION. + + (a) Planning and Implementation Grants.--Title I of the Omnibus +Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is +amended by inserting after part NN the following: + + ``PART OO--CRISIS STABILIZATION AND COMMUNITY REENTRY PROGRAM. + +``SEC. 3051. GRANT AUTHORIZATION. + + ``(a) In General.--The Attorney General may make grants under this +part to States, for use by State and local correctional facilities, for +the purpose of providing clinical services for people with serious +mental illness that establish treatment, suicide prevention, and +continuity of recovery in the community upon release from the +correctional facility. + ``(b) Use of Funds.--A grant awarded under this part shall be used +to support-- + ``(1) programs involving criminal and juvenile justice + agencies, mental health agencies, and community-based + behavioral health providers that improve clinical stabilization + during incarceration and continuity of care leading to recovery + in the community by providing services and supports that may + include peer support services, enrollment in health care, and + introduction to long-acting injectable medications or, as + clinically indicated, other medications, by-- + ``(A) providing training and education for criminal + and juvenile justice agencies, mental health agencies, + and community-based behavioral health providers on + interventions that support-- + ``(i) engagement in recovery supports and + services; + ``(ii) access to medication while in an + incarcerated setting; and + ``(iii) continuity of care during reentry + into the community; + ``(B) ensuring that offenders with serious mental + illness are provided appropriate access to evidence- + based recovery supports that may include peer support + services, medication (including long-acting injectable + medications where clinically appropriate), and psycho- + social therapies; + ``(C) offering technical assistance to criminal + justice agencies on how to modify their administrative + and clinical processes to accommodate evidence-based + interventions, such as long-acting injectable + medications and other recovery supports; and + ``(D) participating in data collection activities + specified by the Attorney General, in consultation with + the Secretary of Health and Human Services; + ``(2) programs that support cooperative efforts between + criminal and juvenile justice agencies, mental health agencies, + and community-based behavioral health providers to establish or + enhance serious mental illness recovery support by-- + ``(A) strengthening or establishing crisis response + services delivered by hotlines, mobile crisis teams, + crisis stabilization and triage centers, peer support + specialists, public safety officers, community-based + behavioral health providers, and other stakeholders, + including by providing technical support for + interventions that promote long-term recovery; + ``(B) engaging criminal and juvenile justice + agencies, mental health agencies and community-based + behavioral health providers, preliminary qualified + offenders, and family and community members in program + design, program implementation, and training on crisis + response services, including connection to recovery + services and supports; + ``(C) examining health care reimbursement issues + that may pose a barrier to ensuring the long-term + financial sustainability of crisis response services + and interventions that promote long-term engagement + with recovery services and supports; and + ``(D) participating in data collection activities + specified by the Attorney General, in consultation with + the Secretary of Health and Human Services; and + ``(3) programs that provide training and additional + resources to criminal and juvenile justice agencies, mental + health agencies, and community-based behavioral health + providers on serious mental illness, suicide prevention + strategies, recovery engagement strategies, and the special + health and social needs of justice-involved individuals who are + living with serious mental illness. + ``(c) Consultation.--The Attorney General shall consult with the +Secretary of Health and Human Services to ensure that serious mental +illness treatment and recovery support services provided under this +grant program incorporate evidence-based approaches that facilitate +long-term engagement in recovery services and supports. + +``SEC. 3052. STATE APPLICATIONS. + + ``(a) In General.--To request a grant under this part, the chief +executive of a State shall submit an application to the Attorney +General-- + ``(1) in such form and containing such information as the + Attorney General may reasonably require; + ``(2) that includes assurances that Federal funds received + under this part shall be used to supplement, not supplant, non- + Federal funds that would otherwise be available for activities + funded under this part; and + ``(3) that describes the coordination between State + criminal and juvenile justice agencies, mental health agencies + and community-based behavioral health providers, preliminary + qualified offenders, and family and community members in-- + ``(A) program design; + ``(B) program implementation; and + ``(C) training on crisis response, medication + adherence, and continuity of recovery in the community. + ``(b) Eligibility for Preference With Community Care Component.-- + ``(1) In general.--In awarding grants under this part, the + Attorney General shall give preference to a State that ensures + that individuals who participate in a program, funded by a + grant under this part will be provided with continuity of care, + in accordance with paragraph (2), in a community care provider + program upon release from a correctional facility. + ``(2) Requirements.--For purposes of paragraph (1), the + continuity of care shall involve the coordination of the + correctional facility treatment program with qualified + community behavioral health providers and other recovery + supports, parole supervision programs, halfway house programs, + and participation in peer recovery group programs, which may + aid in ongoing recovery after the individual is released from + the correctional facility. + ``(3) Community care provider program defined.--For + purposes of this subsection, the term `community care provider + program' means a community mental health center or certified + community behavioral health clinic that directly provides to an + individual, or assists in connecting an individual to the + provision of, appropriate community-based treatment, medication + management, and other recovery supports, when the individual + leaves a correctional facility at the end of a sentence or on + parole. + ``(c) Coordination of Federal Assistance.--Each application +submitted for a grant under this part shall include a description of +how the funds made available under this part will be coordinated with +Federal assistance for behavioral health services currently provided by +the Department of Health and Human Services' Substance Abuse and Mental +Health Services Administration. + +``SEC. 3053. REVIEW OF STATE APPLICATIONS. + + ``(a) In General.--The Attorney General shall make a grant under +section 3051 to carry out the projects described in the application +submitted under section 3052 upon determining that-- + ``(1) the application is consistent with the requirements + of this part; and + ``(2) before the approval of the application, the Attorney + General has made an affirmative finding in writing that the + proposed project has been reviewed in accordance with this + part. + ``(b) Approval.--Each application submitted under section 3052 +shall be considered approved, in whole or in part, by the Attorney +General not later than 90 days after first received, unless the +Attorney General informs the applicant of specific reasons for +disapproval. + ``(c) Restriction.--Grant funds received under this part shall not +be used for land acquisition or construction projects. + ``(d) Disapproval Notice and Reconsideration.--The Attorney General +may not disapprove any application without first affording the +applicant reasonable notice and an opportunity for reconsideration. + +``SEC. 3054. EVALUATION. + + ``Each State that receives a grant under this part shall submit to +the Attorney General an evaluation not later than March 1 of each year +in such form and containing such information as the Attorney General, +in consultation with the Secretary of Health and Human Services, may +reasonably require. + +``SEC. 3055. AUTHORIZATION OF FUNDING. + + ``For purposes of carrying out this part, the Attorney General is +authorized to award not more than $10,000,000 of funds appropriated to +the Department of Justice for State and local law enforcement +activities for each of fiscal years 2020 through 2025.''. + (b) National Criminal Justice and Mental Health Training and +Technical Assistance.--Section 2992(c)(3) of title I of the Omnibus +Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10652(c)(3)) is +amended by inserting before the semicolon at the end the following: ``, +which may include interventions designed to enhance access to +medication.''. + \ No newline at end of file From ebec9adbb4e618fb8691d901762bce36ecc34a32 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 921/984] Senate-3312: Engrossed in Senate --- bills_text/Senate-3312.txt | 87 ++++++++++++++++++++++---------------- 1 file changed, 50 insertions(+), 37 deletions(-) diff --git a/bills_text/Senate-3312.txt b/bills_text/Senate-3312.txt index 43f2d51..b9ff1ca 100644 --- a/bills_text/Senate-3312.txt +++ b/bills_text/Senate-3312.txt @@ -2,24 +2,9 @@ 2d Session S. 3312 - To establish a crisis stabilization and community reentry grant - program, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - February 13, 2020 - - Mr. Cornyn (for himself and Mr. Blumenthal) introduced the following - bill; which was read twice and referred to the Committee on the - Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -47,19 +32,21 @@ amended by inserting after part NN the following: ``(a) In General.--The Attorney General may make grants under this part to States, for use by State and local correctional facilities, for the purpose of providing clinical services for people with serious -mental illness that establish treatment, suicide prevention, and -continuity of recovery in the community upon release from the -correctional facility. +mental illness and substance use disorders that establish treatment, +suicide prevention, and continuity of recovery in the community upon +release from the correctional facility. ``(b) Use of Funds.--A grant awarded under this part shall be used to support-- ``(1) programs involving criminal and juvenile justice - agencies, mental health agencies, and community-based - behavioral health providers that improve clinical stabilization - during incarceration and continuity of care leading to recovery - in the community by providing services and supports that may - include peer support services, enrollment in health care, and - introduction to long-acting injectable medications or, as - clinically indicated, other medications, by-- + agencies, mental health agencies, community-based organizations + that focus on reentry, and community-based behavioral health + providers that improve clinical stabilization during pre-trial + detention and incarceration and continuity of care leading to + recovery in the community by providing services and supports + that may include peer support services, enrollment in + healthcare, and introduction to long-acting injectable + medications or, as clinically indicated, other medications, + by-- ``(A) providing training and education for criminal and juvenile justice agencies, mental health agencies, and community-based behavioral health providers on @@ -122,12 +109,20 @@ Secretary of Health and Human Services to ensure that serious mental illness treatment and recovery support services provided under this grant program incorporate evidence-based approaches that facilitate long-term engagement in recovery services and supports. + ``(d) Behavioral Health Provider Defined.--In this section, the +term `behavioral health provider' means-- + ``(1) a community mental health center that meets the + criteria under section 1913(c) of the Public Health Service Act + (42 U.S.C. 300x-2(c)); or + ``(2) a certified community behavioral health clinic + described in section 223(d) of the Protecting Access to + Medicare Act of 2014 (42 U.S.C. 1396a note). ``SEC. 3052. STATE APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief -executive of a State shall submit an application to the Attorney -General-- +executive of a State, or such agency as the chief executive may +designate, shall submit an application to the Attorney General-- ``(1) in such form and containing such information as the Attorney General may reasonably require; ``(2) that includes assurances that Federal funds received @@ -153,10 +148,11 @@ General-- continuity of care shall involve the coordination of the correctional facility treatment program with qualified community behavioral health providers and other recovery - supports, parole supervision programs, halfway house programs, - and participation in peer recovery group programs, which may - aid in ongoing recovery after the individual is released from - the correctional facility. + supports, pre-trial release programs, parole supervision + programs, half-way house programs, and participation in peer + recovery group programs, which may aid in ongoing recovery + after the individual is released from the correctional + facility. ``(3) Community care provider program defined.--For purposes of this subsection, the term `community care provider program' means a community mental health center or certified @@ -198,10 +194,10 @@ applicant reasonable notice and an opportunity for reconsideration. ``SEC. 3054. EVALUATION. ``Each State that receives a grant under this part shall submit to -the Attorney General an evaluation not later than March 1 of each year -in such form and containing such information as the Attorney General, -in consultation with the Secretary of Health and Human Services, may -reasonably require. +the Attorney General an evaluation not later than 1 year after receipt +of the grant in such form and containing such information as the +Attorney General, in consultation with the Secretary of Health and +Human Services, may reasonably require. ``SEC. 3055. AUTHORIZATION OF FUNDING. @@ -215,4 +211,21 @@ Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10652(c)(3)) is amended by inserting before the semicolon at the end the following: ``, which may include interventions designed to enhance access to medication.''. - \ No newline at end of file + + Passed the Senate November 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3312 + +_______________________________________________________________________ + + AN ACT + + To establish a crisis stabilization and community reentry grant + program, and for other purposes. From b80b7292070631df795706a16d71b58263f0b060 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 922/984] Senate-3312: Enrolled --- bills_text/Senate-3312.txt | 338 +++++++++++++++++-------------------- 1 file changed, 158 insertions(+), 180 deletions(-) diff --git a/bills_text/Senate-3312.txt b/bills_text/Senate-3312.txt index b9ff1ca..0027405 100644 --- a/bills_text/Senate-3312.txt +++ b/bills_text/Senate-3312.txt @@ -1,26 +1,31 @@ -116th CONGRESS - 2d Session - S. 3312 + S.3312 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To establish a crisis stabilization and community reentry grant - program, and for other purposes. +To establish a crisis stabilization and community reentry grant program, + and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Crisis Stabilization and Community Reentry Act of 2020''. - SEC. 2. MENTAL HEALTH CRISIS STABILIZATION. - (a) Planning and Implementation Grants.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by inserting after part NN the following: @@ -28,82 +33,77 @@ amended by inserting after part NN the following: ``PART OO--CRISIS STABILIZATION AND COMMUNITY REENTRY PROGRAM. ``SEC. 3051. GRANT AUTHORIZATION. - ``(a) In General.--The Attorney General may make grants under this -part to States, for use by State and local correctional facilities, for -the purpose of providing clinical services for people with serious -mental illness and substance use disorders that establish treatment, -suicide prevention, and continuity of recovery in the community upon -release from the correctional facility. +part to States, Indian Tribes, units of local government, and +community-based nonprofit organizations for the purpose of providing +clinical services for people with serious mental illness and substance +use disorders that establish treatment, suicide prevention, and +continuity of recovery in the community upon release from the +correctional facility. ``(b) Use of Funds.--A grant awarded under this part shall be used to support-- - ``(1) programs involving criminal and juvenile justice - agencies, mental health agencies, community-based organizations - that focus on reentry, and community-based behavioral health - providers that improve clinical stabilization during pre-trial - detention and incarceration and continuity of care leading to - recovery in the community by providing services and supports - that may include peer support services, enrollment in - healthcare, and introduction to long-acting injectable - medications or, as clinically indicated, other medications, - by-- - ``(A) providing training and education for criminal - and juvenile justice agencies, mental health agencies, - and community-based behavioral health providers on - interventions that support-- - ``(i) engagement in recovery supports and - services; - ``(ii) access to medication while in an - incarcerated setting; and - ``(iii) continuity of care during reentry - into the community; - ``(B) ensuring that offenders with serious mental - illness are provided appropriate access to evidence- - based recovery supports that may include peer support - services, medication (including long-acting injectable - medications where clinically appropriate), and psycho- - social therapies; - ``(C) offering technical assistance to criminal - justice agencies on how to modify their administrative - and clinical processes to accommodate evidence-based - interventions, such as long-acting injectable - medications and other recovery supports; and - ``(D) participating in data collection activities - specified by the Attorney General, in consultation with - the Secretary of Health and Human Services; - ``(2) programs that support cooperative efforts between - criminal and juvenile justice agencies, mental health agencies, - and community-based behavioral health providers to establish or - enhance serious mental illness recovery support by-- - ``(A) strengthening or establishing crisis response - services delivered by hotlines, mobile crisis teams, - crisis stabilization and triage centers, peer support - specialists, public safety officers, community-based - behavioral health providers, and other stakeholders, - including by providing technical support for - interventions that promote long-term recovery; - ``(B) engaging criminal and juvenile justice - agencies, mental health agencies and community-based - behavioral health providers, preliminary qualified - offenders, and family and community members in program - design, program implementation, and training on crisis - response services, including connection to recovery - services and supports; - ``(C) examining health care reimbursement issues - that may pose a barrier to ensuring the long-term - financial sustainability of crisis response services - and interventions that promote long-term engagement - with recovery services and supports; and - ``(D) participating in data collection activities - specified by the Attorney General, in consultation with - the Secretary of Health and Human Services; and - ``(3) programs that provide training and additional - resources to criminal and juvenile justice agencies, mental - health agencies, and community-based behavioral health - providers on serious mental illness, suicide prevention - strategies, recovery engagement strategies, and the special - health and social needs of justice-involved individuals who are - living with serious mental illness. + ``(1) programs involving criminal and juvenile justice + agencies, mental health agencies, community-based organizations + that focus on reentry, and community-based behavioral health + providers that improve clinical stabilization during pre-trial + detention and incarceration and continuity of care leading to + recovery in the community by providing services and supports that + may include peer support services, enrollment in healthcare, and + introduction to long-acting injectable medications or, as + clinically indicated, other medications, by-- + ``(A) providing training and education for criminal and + juvenile justice agencies, mental health agencies, and + community-based behavioral health providers on interventions + that support-- + ``(i) engagement in recovery supports and services; + ``(ii) access to medication while in an incarcerated + setting; and + ``(iii) continuity of care during reentry into the + community; + ``(B) ensuring that individuals with serious mental illness + are provided appropriate access to evidence-based recovery + supports that may include peer support services, medication + (including long-acting injectable medications where clinically + appropriate), and psycho-social therapies; + ``(C) offering technical assistance to criminal justice + agencies on how to modify their administrative and clinical + processes to accommodate evidence-based interventions, such as + long-acting injectable medications and other recovery supports; + and + ``(D) participating in data collection activities specified + by the Attorney General, in consultation with the Secretary of + Health and Human Services; + ``(2) programs that support cooperative efforts between + criminal and juvenile justice agencies, mental health agencies, and + community-based behavioral health providers to establish or enhance + serious mental illness recovery support by-- + ``(A) strengthening or establishing crisis response + services delivered by hotlines, mobile crisis teams, crisis + stabilization and triage centers, peer support specialists, + public safety officers, community-based behavioral health + providers, and other stakeholders, including by providing + technical support for interventions that promote long-term + recovery; + ``(B) engaging criminal and juvenile justice agencies, + mental health agencies and community-based behavioral health + providers, preliminary qualified offenders, and family and + community members in program design, program implementation, + and training on crisis response services, including connection + to recovery services and supports; + ``(C) examining health care reimbursement issues that may + pose a barrier to ensuring the long-term financial + sustainability of crisis response services and interventions + that promote long-term engagement with recovery services and + supports; and + ``(D) participating in data collection activities specified + by the Attorney General, in consultation with the Secretary of + Health and Human Services; and + ``(3) programs that provide training and additional resources + to criminal and juvenile justice agencies, mental health agencies, + and community-based behavioral health providers on serious mental + illness, suicide prevention strategies, recovery engagement + strategies, and the special health and social needs of justice- + involved individuals who are living with serious mental illness. ``(c) Consultation.--The Attorney General shall consult with the Secretary of Health and Human Services to ensure that serious mental illness treatment and recovery support services provided under this @@ -111,75 +111,74 @@ grant program incorporate evidence-based approaches that facilitate long-term engagement in recovery services and supports. ``(d) Behavioral Health Provider Defined.--In this section, the term `behavioral health provider' means-- - ``(1) a community mental health center that meets the - criteria under section 1913(c) of the Public Health Service Act - (42 U.S.C. 300x-2(c)); or - ``(2) a certified community behavioral health clinic - described in section 223(d) of the Protecting Access to - Medicare Act of 2014 (42 U.S.C. 1396a note). - -``SEC. 3052. STATE APPLICATIONS. - + ``(1) a community mental health center that meets the criteria + under section 1913(c) of the Public Health Service Act (42 U.S.C. + 300x-2(c)); or + ``(2) a certified community behavioral health clinic described + in section 223(d) of the Protecting Access to Medicare Act of 2014 + (42 U.S.C. 1396a note). +``SEC. 3052. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief -executive of a State, or such agency as the chief executive may -designate, shall submit an application to the Attorney General-- - ``(1) in such form and containing such information as the - Attorney General may reasonably require; - ``(2) that includes assurances that Federal funds received - under this part shall be used to supplement, not supplant, non- - Federal funds that would otherwise be available for activities - funded under this part; and - ``(3) that describes the coordination between State - criminal and juvenile justice agencies, mental health agencies - and community-based behavioral health providers, preliminary - qualified offenders, and family and community members in-- - ``(A) program design; - ``(B) program implementation; and - ``(C) training on crisis response, medication - adherence, and continuity of recovery in the community. +executive of a State, Indian Tribe, unit of local government, or +community-based non-profit organization shall submit an application to +the Attorney General-- + ``(1) in such form and containing such information as the + Attorney General may reasonably require; + ``(2) that includes assurances that Federal funds received + under this part shall be used to supplement, not supplant, non- + Federal funds that would otherwise be available for activities + funded under this part; and + ``(3) that describes the coordination between State, Tribal, or + local criminal and juvenile justice agencies, mental health + agencies and community-based behavioral health providers, + preliminary qualified offenders, and family and community members + in-- + ``(A) program design; + ``(B) program implementation; and + ``(C) training on crisis response, medication adherence, + and continuity of recovery in the community. ``(b) Eligibility for Preference With Community Care Component.-- - ``(1) In general.--In awarding grants under this part, the - Attorney General shall give preference to a State that ensures - that individuals who participate in a program, funded by a - grant under this part will be provided with continuity of care, - in accordance with paragraph (2), in a community care provider - program upon release from a correctional facility. - ``(2) Requirements.--For purposes of paragraph (1), the - continuity of care shall involve the coordination of the - correctional facility treatment program with qualified - community behavioral health providers and other recovery - supports, pre-trial release programs, parole supervision - programs, half-way house programs, and participation in peer - recovery group programs, which may aid in ongoing recovery - after the individual is released from the correctional - facility. - ``(3) Community care provider program defined.--For - purposes of this subsection, the term `community care provider - program' means a community mental health center or certified - community behavioral health clinic that directly provides to an - individual, or assists in connecting an individual to the - provision of, appropriate community-based treatment, medication - management, and other recovery supports, when the individual - leaves a correctional facility at the end of a sentence or on - parole. + ``(1) In general.--In awarding grants under this part, the + Attorney General shall give preference to a State, Indian Tribe, + unit of local government, or community-based nonprofit organization + that ensures that individuals who participate in a program, funded + by a grant under this part will be provided with continuity of + care, in accordance with paragraph (2), in a community care + provider program upon release from a correctional facility and + adopt policies that focus on programming, strategies, and + educational components for reducing recidivism and probation + violations. + ``(2) Requirements.--For purposes of paragraph (1), the + continuity of care shall involve the coordination of the + correctional facility treatment program with qualified community + behavioral health providers and other recovery supports, pre-trial + release programs, parole supervision programs, half-way house + programs, and participation in peer recovery group programs, which + may aid in ongoing recovery after the individual is released from + the correctional facility. + ``(3) Community care provider program defined.--For purposes of + this subsection, the term `community care provider program' means a + community mental health center or certified community behavioral + health clinic that directly provides to an individual, or assists + in connecting an individual to the provision of, appropriate + community-based treatment, medication management, and other + recovery supports, when the individual leaves a correctional + facility at the end of a sentence or on parole. ``(c) Coordination of Federal Assistance.--Each application submitted for a grant under this part shall include a description of how the funds made available under this part will be coordinated with Federal assistance for behavioral health services currently provided by the Department of Health and Human Services' Substance Abuse and Mental Health Services Administration. - -``SEC. 3053. REVIEW OF STATE APPLICATIONS. - +``SEC. 3053. REVIEW OF APPLICATIONS. ``(a) In General.--The Attorney General shall make a grant under section 3051 to carry out the projects described in the application submitted under section 3052 upon determining that-- - ``(1) the application is consistent with the requirements - of this part; and - ``(2) before the approval of the application, the Attorney - General has made an affirmative finding in writing that the - proposed project has been reviewed in accordance with this - part. + ``(1) the application is consistent with the requirements of + this part; and + ``(2) before the approval of the application, the Attorney + General has made an affirmative finding in writing that the + proposed project has been reviewed in accordance with this part. ``(b) Approval.--Each application submitted under section 3052 shall be considered approved, in whole or in part, by the Attorney General not later than 90 days after first received, unless the @@ -190,42 +189,21 @@ be used for land acquisition or construction projects. ``(d) Disapproval Notice and Reconsideration.--The Attorney General may not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. - ``SEC. 3054. EVALUATION. - - ``Each State that receives a grant under this part shall submit to -the Attorney General an evaluation not later than 1 year after receipt -of the grant in such form and containing such information as the -Attorney General, in consultation with the Secretary of Health and -Human Services, may reasonably require. - -``SEC. 3055. AUTHORIZATION OF FUNDING. - - ``For purposes of carrying out this part, the Attorney General is -authorized to award not more than $10,000,000 of funds appropriated to -the Department of Justice for State and local law enforcement -activities for each of fiscal years 2020 through 2025.''. - (b) National Criminal Justice and Mental Health Training and -Technical Assistance.--Section 2992(c)(3) of title I of the Omnibus -Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10652(c)(3)) is -amended by inserting before the semicolon at the end the following: ``, -which may include interventions designed to enhance access to -medication.''. - - Passed the Senate November 16, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3312 - -_______________________________________________________________________ - - AN ACT - - To establish a crisis stabilization and community reentry grant - program, and for other purposes. + ``Each State, Indian Tribe, unit of local government, or community- +based nonprofit organization that receives a grant under this part +shall submit to the Attorney General an evaluation not later than 1 +year after receipt of the grant in such form and containing such +information as the Attorney General, in consultation with the Secretary +of Health and Human Services, may reasonably require. +``SEC. 3055 AUTHORIZATION OF FUNDING. + ``Subject to the availability of appropriations, for purposes of +carrying out this part, the Attorney General is authorized to award not +more than $10,000,000 of funds appropriated to the Department of +Justice for these purposes for each of fiscal years 2021 through +2025.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 2420044991ac2672f6ccd69db4040c32a3b55b5e Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 923/984] Senate-3414: Engrossed in Senate --- bills_text/Senate-3414.txt | 69 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 69 insertions(+) create mode 100644 bills_text/Senate-3414.txt diff --git a/bills_text/Senate-3414.txt b/bills_text/Senate-3414.txt new file mode 100644 index 0000000..33ff697 --- /dev/null +++ b/bills_text/Senate-3414.txt @@ -0,0 +1,69 @@ +116th CONGRESS + 2d Session + S. 3414 + +_______________________________________________________________________ + + AN ACT + + + + To authorize major medical facility projects for the Department of + Veterans Affairs for fiscal year 2020, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Major Medical Facility Authorization +Act of 2020''. + +SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS OF DEPARTMENT + OF VETERANS AFFAIRS FOR FISCAL YEAR 2020. + + (a) In General.--The Secretary of Veterans Affairs may carry out +the following major medical facility projects in fiscal year 2020 at +the locations specified and in an amount for each project not to exceed +the amount specified for such location: + (1) Construction of an outpatient clinic and national + cemetery in Alameda, California, in an amount not to exceed + $113,332,000. + (2) Realignment and closure of the Livermore Campus in + Livermore, California, in an amount not to exceed $311,730,000. + (3) Construction of a new medical facility in Louisville, + Kentucky, in an amount not to exceed $860,000,000. + (4) Construction relating to flood recovery of the medical + center in Manhattan, New York, in an amount not to exceed + $372,600,000. + (5) Construction of a spinal cord injury building with a + community living center, including a parking garage, in San + Diego, California, in an amount not to exceed $230,840,000. + (6) Completion of construction of a medical facility + project, including a parking garage, in San Juan, Puerto Rico, + in an amount not to exceed $307,000,000. + (7) Construction of a new critical care center in West Los + Angeles, California, in an amount not to exceed $75,790,000. + (b) Authorization of Appropriations.--There is authorized to be +appropriated to the Secretary of Veterans Affairs for fiscal year 2020 +or the year in which funds are appropriated for the Construction, Major +Projects account, $2,271,292,000 for the projects authorized in +subsection (a). + + Passed the Senate March 5, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3414 + +_______________________________________________________________________ + + AN ACT + + To authorize major medical facility projects for the Department of + Veterans Affairs for fiscal year 2020, and for other purposes. From 0ceab4eaa6ea1fc41c98939446dab14d223bd98f Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 924/984] Senate-3414: Enrolled --- bills_text/Senate-3414.txt | 81 +++++++++++++++++--------------------- 1 file changed, 36 insertions(+), 45 deletions(-) diff --git a/bills_text/Senate-3414.txt b/bills_text/Senate-3414.txt index 33ff697..aa3dae0 100644 --- a/bills_text/Senate-3414.txt +++ b/bills_text/Senate-3414.txt @@ -1,69 +1,60 @@ -116th CONGRESS - 2d Session - S. 3414 + S.3414 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To authorize major medical facility projects for the Department of + To authorize major medical facility projects for the Department of Veterans Affairs for fiscal year 2020, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Major Medical Facility Authorization Act of 2020''. - SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS OF DEPARTMENT - OF VETERANS AFFAIRS FOR FISCAL YEAR 2020. - +OF VETERANS AFFAIRS FOR FISCAL YEAR 2020. (a) In General.--The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2020 at the locations specified and in an amount for each project not to exceed the amount specified for such location: - (1) Construction of an outpatient clinic and national - cemetery in Alameda, California, in an amount not to exceed - $113,332,000. - (2) Realignment and closure of the Livermore Campus in - Livermore, California, in an amount not to exceed $311,730,000. - (3) Construction of a new medical facility in Louisville, - Kentucky, in an amount not to exceed $860,000,000. - (4) Construction relating to flood recovery of the medical - center in Manhattan, New York, in an amount not to exceed - $372,600,000. - (5) Construction of a spinal cord injury building with a - community living center, including a parking garage, in San - Diego, California, in an amount not to exceed $230,840,000. - (6) Completion of construction of a medical facility - project, including a parking garage, in San Juan, Puerto Rico, - in an amount not to exceed $307,000,000. - (7) Construction of a new critical care center in West Los - Angeles, California, in an amount not to exceed $75,790,000. + (1) Construction of an outpatient clinic and national cemetery + in Alameda, California, in an amount not to exceed $113,332,000. + (2) Realignment and closure of the Livermore Campus in + Livermore, California, in an amount not to exceed $311,730,000. + (3) Construction of a new medical facility in Louisville, + Kentucky, in an amount not to exceed $860,000,000. + (4) Construction relating to flood recovery of the medical + center in Manhattan, New York, in an amount not to exceed + $372,600,000. + (5) Construction of a spinal cord injury building with a + community living center, including a parking garage, in San Diego, + California, in an amount not to exceed $230,840,000. + (6) Completion of construction of a medical facility project, + including a parking garage, in San Juan, Puerto Rico, in an amount + not to exceed $307,000,000. + (7) Construction of a new critical care center in West Los + Angeles, California, in an amount not to exceed $75,790,000. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2020 or the year in which funds are appropriated for the Construction, Major Projects account, $2,271,292,000 for the projects authorized in subsection (a). - Passed the Senate March 5, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - S. 3414 - -_______________________________________________________________________ - - AN ACT - - To authorize major medical facility projects for the Department of - Veterans Affairs for fiscal year 2020, and for other purposes. + Vice President of the United States and + President of the Senate. From df6a0ae04a1ab3fcc83556874443adb730acb05f Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 925/984] Senate-3418: Introduced to Senate --- bills_text/Senate-3418.txt | 458 +++++++++++++++++++++++++++++++++++++ 1 file changed, 458 insertions(+) create mode 100644 bills_text/Senate-3418.txt diff --git a/bills_text/Senate-3418.txt b/bills_text/Senate-3418.txt new file mode 100644 index 0000000..5a2dbfb --- /dev/null +++ b/bills_text/Senate-3418.txt @@ -0,0 +1,458 @@ +116th CONGRESS + 2d Session + S. 3418 + + To amend the Robert T. Stafford Disaster Relief and Emergency + Assistance Act to allow the Administrator of the Federal Emergency + Management Agency to provide capitalization grants to States to + establish revolving funds to provide hazard mitigation assistance to + reduce risks from disasters and natural hazards, and other related + environmental harm. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 9, 2020 + +Mr. Peters (for himself and Mr. Johnson) introduced the following bill; +which was read twice and referred to the Committee on Homeland Security + and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend the Robert T. Stafford Disaster Relief and Emergency + Assistance Act to allow the Administrator of the Federal Emergency + Management Agency to provide capitalization grants to States to + establish revolving funds to provide hazard mitigation assistance to + reduce risks from disasters and natural hazards, and other related + environmental harm. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Safeguarding Tomorrow through +Ongoing Risk Mitigation Act of 2020'' or the ``STORM Act''. + +SEC. 2. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION + REVOLVING LOAN FUNDS. + + Title II of the Robert T. Stafford Disaster Relief and Emergency +Assistance Act (42 U.S.C. 5131 et seq.) is amended by adding at the end +the following: + +``SEC. 205. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION + REVOLVING LOAN FUNDS. + + ``(a) General Authority.-- + ``(1) In general.--The Administrator may enter into + agreements with eligible entities to make capitalization grants + to such entities for the establishment of hazard mitigation + revolving loan funds (referred to in this section as `entity + loan funds') for providing funding assistance to local + governments to carry out eligible projects under this section + to reduce disaster risk in order to decrease-- + ``(A) the loss of life and property; + ``(B) the cost of insurance; and + ``(C) Federal disaster payments. + ``(2) Agreements.--Any agreement entered into under this + section shall require the participating entity to-- + ``(A) comply with the requirements of this section; + and + ``(B) use accounting, audit, and fiscal procedures + conforming to generally accepted accounting standards. + ``(b) Application.-- + ``(1) In general.--To be eligible to receive a + capitalization grant under this section, an eligible entity + shall submit to the Administrator an application that includes + the following: + ``(A) Project proposals comprised of local + government hazard mitigation projects, on the condition + that the entity provides public notice not less than 6 + weeks prior to the submission of an application. + ``(B) An assessment of recurring major disaster + vulnerabilities impacting the entity that demonstrates + a risk to life and property. + ``(C) A description of how the hazard mitigation + plan of the entity has or has not taken the + vulnerabilities described in subparagraph (B) into + account. + ``(D) A description about how the projects + described in subparagraph (A) could conform with the + hazard mitigation plan of the entity and of the unit of + local government. + ``(E) A proposal of the systematic and regional + approach to achieve resilience in a vulnerable area, + including impacts to river basins, river corridors, + watersheds, estuaries, bays, coastal regions, micro- + basins, micro-watersheds, ecosystems, and areas at risk + of earthquakes, tsunamis, droughts, and wildfires. + ``(2) Technical assistance.--The Administrator shall + provide technical assistance to eligible entities for + applications under this section. + ``(c) Entity Loan Fund.-- + ``(1) Establishment of fund.--An entity that receives a + capitalization grant under this section shall establish an + entity loan fund that complies with the requirements of this + subsection. + ``(2) Fund management.--Except as provided in paragraph + (3), entity loan funds shall-- + ``(A) be administered by the agency responsible for + emergency management; and + ``(B) include only-- + ``(i) funds provided by a capitalization + grant under this section; + ``(ii) repayments of loans under this + section to the entity loan fund; and + ``(iii) interest earned on amounts in the + entity loan fund. + ``(3) Administration.--A participating entity may combine + the financial administration of the entity loan fund of such + entity with the financial administration of any other revolving + fund established by such entity if the Administrator determines + that-- + ``(A) the capitalization grant, entity share, + repayments of loans, and interest earned on amounts in + the entity loan fund are accounted for separately from + other amounts in the revolving fund; and + ``(B) the authority to establish assistance + priorities and carry out oversight activities remains + in the control of the entity agency responsible for + emergency management. + ``(4) Entity share of funds.-- + ``(A) In general.--On or before the date on which a + participating entity receives a capitalization grant + under this section, the entity shall deposit into the + entity loan fund of such entity, an amount equal to not + less than 10 percent of the amount of the + capitalization grant. + ``(B) Reduced grant.--If, with respect to a + capitalization grant under this section, a + participating entity deposits in the entity loan fund + of the entity an amount that is less than 10 percent of + the total amount of the capitalization grant that the + participating entity would otherwise receive, the + Administrator shall reduce the amount of the + capitalization grant received by the entity to the + amount that is 10 times the amount so deposited. + ``(d) Apportionment.-- + ``(1) In general.--Except as otherwise provided by this + subsection, the Administrator shall apportion funds made + available to carry out this section to entities that have + entered into an agreement under subsection (a)(2) in amounts as + determined by the Administrator. + ``(2) Reservation of funds.--The Administrator shall + reserve not more than 2.5 percent of the amount made available + to carry out this section for the Federal Emergency Management + Agency for-- + ``(A) administrative costs incurred in carrying out + this section; + ``(B) providing technical assistance to + participating entities under subsection (b)(2); and + ``(C) capitalization grants to insular areas under + paragraph (4). + ``(3) Priority.--In the apportionment of capitalization + grants under this subsection, the Administrator shall give + priority to entity applications under subsection (b) that-- + ``(A) propose projects increasing resilience and + reducing risk of harm to natural and built + infrastructure; + ``(B) involve a partnership between two or more + eligible entities to carry out a project or similar + projects; + ``(C) take into account regional impacts of hazards + on river basins, river corridors, micro-watersheds, + macro-watersheds, estuaries, lakes, bays, and coastal + regions and areas at risk of earthquakes, tsunamis, + droughts, and wildfires; or + ``(D) propose projects for the resilience of major + economic sectors or critical national infrastructure, + including ports, global commodity supply chain assets + (located within an entity or within the jurisdiction of + local governments, insular areas, and tribal + governments), power and water production and + distribution centers, and bridges and waterways + essential to interstate commerce. + ``(4) Insular areas.-- + ``(A) Apportionment.--From any amount remaining of + funds reserved under paragraph (2), the Administrator + may enter into agreements to provide capitalization + grants to insular areas. + ``(B) Requirements.--An insular area receiving a + capitalization grant under this section shall comply + with the requirements of this section as applied to + participating entities. + ``(e) Environmental Review of Revolving Loan Fund Projects.--The +Administrator may delegate to a participating entity all of the +responsibilities for environmental review, decision making, and action +pursuant the National Environmental Policy Act of 1969 (42 U.S.C. 4321 +et seq.), and other applicable Federal environmental laws including the +Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the +National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) that +would apply to the Administrator were the Administrator to undertake +projects under this section as Federal projects so long as the +participating entity carry out such responsibilities in the same manner +and subject to the same requirements as if the Administrator carried +out such responsibilities. + ``(f) Use of Funds.-- + ``(1) Types of assistance.--Amounts deposited in an entity + loan fund, including loan repayments and interest earned on + such amounts, may be used-- + ``(A) to make loans, on the condition that-- + ``(i) such loans are made at an interest + rate of not more than 1 percent; + ``(ii) annual principal and interest + payments will commence not later than 1 year + after completion of any project and all loans + made under this subparagraph will be fully + amortized-- + ``(I) not later than 20 years after + the date on which the project is + completed; or + ``(II) for projects in a low-income + geographic area, not later than 30 + years after the date on which the + project is completed and not longer + than the expected design life of the + project; + ``(iii) the loan recipient of a loan under + this subparagraph establishes a dedicated + source of revenue for repayment of the loan; + ``(iv) the loan recipient of a loan under + this subparagraph has a hazard mitigation plan + that has been approved by the Administrator; + and + ``(v) the entity loan fund will be credited + with all payments of principal and interest on + all loans made under this subparagraph; + ``(B) for mitigation efforts, in addition to + mitigation planning under section 322 not to exceed 10 + percent of the capitalization grants made to the + participating entity in a fiscal year; + ``(C) for the reasonable costs of administering the + fund and conducting activities under this section, + except that such amounts shall not exceed $100,000 per + year, 2 percent of the capitalization grants made to + the participating entity in a fiscal year, or 1 percent + of the value of the entity loan fund, whichever amount + is greatest, plus the amount of any fees collected by + the entity for such purpose regardless of the source; + and + ``(D) to earn interest on the entity loan fund. + ``(2) Prohibition on determination that loan is a + duplication.--In carrying out this section, the Administrator + may not determine that a loan is a duplication of assistance or + programs under this Act. + ``(3) Projects and activities eligible for assistance.-- + Except as provided in this subsection, a participating entity + may use funds in the entity loan fund to provide financial + assistance for projects or activities that mitigate the impacts + of natural hazards including-- + ``(A) drought and prolonged episodes of intense + heat; + ``(B) severe storms, including hurricanes, + tornados, wind storms, cyclones, and severe winter + storms; + ``(C) wildfires; + ``(D) earthquakes; + ``(E) flooding; + ``(F) shoreline erosion; + ``(G) high water levels; and + ``(H) storm surges. + ``(4) Zoning and land use planning changes.--A + participating entity may use not more than 10 percent of a + capitalization grant under this section to enable units of + local government to implement zoning and land use planning + changes focused on-- + ``(A) the development and improvement of zoning and + land use codes that incentivize and encourage low- + impact development, resilient wildland-urban interface + land management and development, natural + infrastructure, green stormwater management, + conservation areas adjacent to floodplains, + implementation of watershed or greenway master plans, + and reconnection of floodplains; + ``(B) the study and creation of agricultural risk + compensation districts where there is a desire to + remove or set-back levees protecting highly developed + agricultural land to mitigate for flooding, allowing + agricultural producers to receive compensation for + assuming greater flood risk that would alleviate flood + exposure to populations centers and areas with critical + national infrastructure; + ``(C) the study and creation of land use incentives + that reward developers for greater reliance on low + impact development stormwater best management + practices, exchange density increases for increased + open space and improvement of neighborhood catch basins + to mitigate urban flooding, reward developers for + including and augmenting natural infrastructure + adjacent to and around building projects without + reliance on increased sprawl, and reward developers for + addressing wildfire ignition; and + ``(D) the study and creation of an erosion response + plan that accommodates river, lake, forest, plains, and + ocean shoreline retreating or bluff stabilization due + to increased flooding and disaster impacts. + ``(5) Establishing and carrying out building code + enforcement.--A participating entity may use capitalization + grants under this section to enable units of local government + to establish and carry out the latest published editions of + relevant building codes, specifications, and standards for the + purpose of protecting the health, safety, and general welfare + of the buildings users against disasters and natural hazards. + ``(6) Administrative and technical costs.--For each fiscal + year, a participating entity may use the amount described in + paragraph (1)(C) to-- + ``(A) pay the reasonable costs of administering the + programs under this section, including the cost of + establishing an entity loan fund; and + ``(B) provide technical assistance to recipients of + financial assistance from the entity loan fund, on the + condition that such technical assistance does not + exceed 5 percent of the capitalization grant made to + such entity. + ``(7) Limitation for single projects.--A participating + entity may not provide an amount equal to or more than + $5,000,000 to a single hazard mitigation project. + ``(g) Intended Use Plans.-- + ``(1) In general.--After providing for public comment and + review, and consultation with appropriate government agencies + of the State or Indian Tribe, Federal agencies, and interest + groups, each participating entity shall annually prepare and + submit to the Administrator a plan identifying the intended + uses of the entity loan fund. + ``(2) Contents of plan.--An entity intended use plan + prepared under paragraph (1) shall include-- + ``(A) the integration of entity planning efforts, + including entity hazard mitigation plans and other + programs and initiatives relating to mitigation of + major disasters carried out by such entity; + ``(B) an explanation of the mitigation and + resiliency benefits the entity intends to achieve by-- + ``(i) reducing future damage and loss + associated with hazards; + ``(ii) reducing the number of severe + repetitive loss structures and repetitive loss + structures in the entity; + ``(iii) decreasing the number of insurance + claims in the entity from injuries resulting + from major disasters or other natural hazards; + and + ``(iv) increasing the rating under the + community rating system under section 1315(b) + of the National Flood Insurance Act of 1968 (42 + U.S.C. 4022(b)) for communities in the entity; + ``(C) information on the availability of, and + application process for, financial assistance from the + entity loan fund of such entity; + ``(D) the criteria and methods established for the + distribution of funds; + ``(E) the amount of financial assistance that the + entity anticipates apportioning; + ``(F) the expected terms of the assistance provided + from the entity loan fund; and + ``(G) a description of the financial status of the + entity loan fund, including short-term and long-term + goals for the fund. + ``(h) Audits, Reports, Publications, and Oversight.-- + ``(1) Biennial entity audit and report.--Beginning not + later than the last day of the second fiscal year after the + receipt of payments under this section, and biennially + thereafter, any participating entity shall-- + ``(A) conduct an audit of such fund established + under subsection (b); and + ``(B) provide to the Administrator a report + including-- + ``(i) the result of any such audit; and + ``(ii) a review of the effectiveness of the + entity loan fund of the entity with respect to + meeting the goals and intended benefits + described in the intended use plan submitted by + the entity under subsection (f). + ``(2) Publication.--A participating entity shall publish + and periodically update information about all projects + receiving funding from the entity loan fund of such entity, + including-- + ``(A) the location of the project; + ``(B) the type and amount of assistance provided + from the entity loan fund; + ``(C) the expected funding schedule; and + ``(D) the anticipated date of completion of the + project. + ``(3) Oversight.-- + ``(A) In general.--The Administrator shall, at + least every 4 years, conduct reviews and audits as may + be determined necessary or appropriate by the + Administrator to carry out the objectives of this + section and determine the effectiveness of the fund in + reducing natural hazard risk. + ``(B) GAO requirements.--The entity shall conduct + audits under paragraph (1) in accordance with the + auditing procedures of the Government Accountability + Office, including generally accepted government + auditing standards. + ``(C) Recommendations by administrator.--The + Administrator may at any time make recommendations for + or require specific changes to an entity loan fund in + order to improve the effectiveness of the fund. + ``(i) Regulations or Guidance.--The Administrator shall issue such +regulations or guidance as are necessary to-- + ``(1) ensure that each participating entity uses funds as + efficiently as possible; + ``(2) reduce waste, fraud, and abuse to the maximum extent + possible; and + ``(3) require any party that receives funds directly or + indirectly under this section, including a participating entity + and a recipient of amounts from an entity loan fund, to use + procedures with respect to the management of the funds that + conform to generally accepted accounting standards. + ``(j) Liability Protections.--The Federal Emergency Management +Agency shall not be liable for any claim based on the exercise or +performance of, or the failure to exercise or perform, a discretionary +function or duty by the Agency, or an employee of the Agency in +carrying out this section. + ``(k) Definitions.--In this section, the following definitions +apply: + ``(1) Administrator.--The term `Administrator' means the + Administrator of the Federal Emergency Management Agency. + ``(2) Agency.--The term `Agency' means the Federal + Emergency Management Agency. + ``(3) Eligible entity.--The term `eligible entity' means-- + ``(A) a State; or + ``(B) an Indian tribal government that has received + a major disaster declaration during the 5-year period + ending on the date of enactment of the STORM Act. + ``(4) Hazard mitigation plan.--The term `hazard mitigation + plan' means a mitigation plan submitted under section 322. + ``(5) Insular area.--The term `insular area' means Guam, + American Samoa, the Commonwealth of the Northern Mariana + Islands, and the United States Virgin Islands. + ``(6) Low-income geographic area.--The term `low-income + geographic area' means an area described in paragraph (1) or + (2) of section 301(a) of the Public Works and Economic + Development Act of 1965 (42 U.S.C. 3161(a)). + ``(7) Participating entity.--The term `participating + entity' means an eligible entity that has entered into an + agreement under this section. + ``(8) Repetitive loss structure.--The term `repetitive loss + structure' has the meaning given the term in section 1370 of + the National Flood Insurance Act of 1968 (42 U.S.C. 4121). + ``(9) Severe repetitive loss structure.--The term `severe + repetitive loss structure' has the meaning given the term in + section 1366(h) of the National Flood Insurance Act of 1968 (42 + U.S.C. 4104c(h)). + ``(10) State.--The term `State' means any State of the + United States, the District of Columbia, and Puerto Rico. + ``(l) Authorization of Appropriations.--There are authorized to be +appropriated $100,000,000 for each of fiscal years 2021 through 2023 to +carry out this section.''. + \ No newline at end of file From 8688a7b5be1654fe34143eaf8bbac032151ed1e5 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 926/984] Senate-3418: Engrossed in Senate --- bills_text/Senate-3418.txt | 162 ++++++++++++++++++++++++------------- 1 file changed, 104 insertions(+), 58 deletions(-) diff --git a/bills_text/Senate-3418.txt b/bills_text/Senate-3418.txt index 5a2dbfb..8274b1c 100644 --- a/bills_text/Senate-3418.txt +++ b/bills_text/Senate-3418.txt @@ -2,28 +2,9 @@ 2d Session S. 3418 - To amend the Robert T. Stafford Disaster Relief and Emergency - Assistance Act to allow the Administrator of the Federal Emergency - Management Agency to provide capitalization grants to States to - establish revolving funds to provide hazard mitigation assistance to - reduce risks from disasters and natural hazards, and other related - environmental harm. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 9, 2020 - -Mr. Peters (for himself and Mr. Johnson) introduced the following bill; -which was read twice and referred to the Committee on Homeland Security - and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -40,7 +21,7 @@ United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Tomorrow through -Ongoing Risk Mitigation Act of 2020'' or the ``STORM Act''. +Ongoing Risk Mitigation Act'' or the ``STORM Act''. SEC. 2. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION REVOLVING LOAN FUNDS. @@ -59,7 +40,8 @@ the following: revolving loan funds (referred to in this section as `entity loan funds') for providing funding assistance to local governments to carry out eligible projects under this section - to reduce disaster risk in order to decrease-- + to reduce disaster risks for homeowners, businesses, nonprofit + organizations, and communities in order to decrease-- ``(A) the loss of life and property; ``(B) the cost of insurance; and ``(C) Federal disaster payments. @@ -94,7 +76,8 @@ the following: including impacts to river basins, river corridors, watersheds, estuaries, bays, coastal regions, micro- basins, micro-watersheds, ecosystems, and areas at risk - of earthquakes, tsunamis, droughts, and wildfires. + of earthquakes, tsunamis, droughts, severe storms, and + wildfires, including the wildland-urban interface. ``(2) Technical assistance.--The Administrator shall provide technical assistance to eligible entities for applications under this section. @@ -172,12 +155,13 @@ the following: on river basins, river corridors, micro-watersheds, macro-watersheds, estuaries, lakes, bays, and coastal regions and areas at risk of earthquakes, tsunamis, - droughts, and wildfires; or + droughts, severe storms, and wildfires, including the + wildland-urban interface; or ``(D) propose projects for the resilience of major economic sectors or critical national infrastructure, including ports, global commodity supply chain assets (located within an entity or within the jurisdiction of - local governments, insular areas, and tribal + local governments, insular areas, and Indian tribal governments), power and water production and distribution centers, and bridges and waterways essential to interstate commerce. @@ -193,15 +177,15 @@ the following: ``(e) Environmental Review of Revolving Loan Fund Projects.--The Administrator may delegate to a participating entity all of the responsibilities for environmental review, decision making, and action -pursuant the National Environmental Policy Act of 1969 (42 U.S.C. 4321 -et seq.), and other applicable Federal environmental laws including the -Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the -National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) that -would apply to the Administrator were the Administrator to undertake -projects under this section as Federal projects so long as the -participating entity carry out such responsibilities in the same manner -and subject to the same requirements as if the Administrator carried -out such responsibilities. +pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. +4321 et seq.), and other applicable Federal environmental laws +including the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) +and the National Historic Preservation Act of 1966 (54 U.S.C. 300101 et +seq.) that would apply to the Administrator were the Administrator to +undertake projects under this section as Federal projects so long as +the participating entity carries out such responsibilities in the same +manner and subject to the same requirements as if the Administrator +carried out such responsibilities. ``(f) Use of Funds.-- ``(1) Types of assistance.--Amounts deposited in an entity loan fund, including loan repayments and interest earned on @@ -263,7 +247,15 @@ out such responsibilities. storms; ``(C) wildfires; ``(D) earthquakes; - ``(E) flooding; + ``(E) flooding, including the construction, repair, + or replacement of a non-Federal levee or other flood + control structure, provided that the Administrator, in + consultation with the Army Corps of Engineers (if + appropriate), requires an eligible entity to determine + that such levee or structure is designed, constructed, + and maintained in accordance with sound engineering + practices and standards equivalent to the purpose for + which such levee or structure is intended; ``(F) shoreline erosion; ``(G) high water levels; and ``(H) storm surges. @@ -286,7 +278,7 @@ out such responsibilities. agricultural land to mitigate for flooding, allowing agricultural producers to receive compensation for assuming greater flood risk that would alleviate flood - exposure to populations centers and areas with critical + exposure to population centers and areas with critical national infrastructure; ``(C) the study and creation of land use incentives that reward developers for greater reliance on low @@ -308,7 +300,7 @@ out such responsibilities. to establish and carry out the latest published editions of relevant building codes, specifications, and standards for the purpose of protecting the health, safety, and general welfare - of the buildings users against disasters and natural hazards. + of the building's users against disasters and natural hazards. ``(6) Administrative and technical costs.--For each fiscal year, a participating entity may use the amount described in paragraph (1)(C) to-- @@ -323,13 +315,19 @@ out such responsibilities. ``(7) Limitation for single projects.--A participating entity may not provide an amount equal to or more than $5,000,000 to a single hazard mitigation project. + ``(8) Requirements.--For fiscal year 2022 and each fiscal + year thereafter, the requirements of subchapter IV of chapter + 31 of title 40, United States Code, shall apply to the + construction of projects carried out in whole or in part with + assistance made available by an entity loan fund authorized by + this section. ``(g) Intended Use Plans.-- ``(1) In general.--After providing for public comment and review, and consultation with appropriate government agencies - of the State or Indian Tribe, Federal agencies, and interest - groups, each participating entity shall annually prepare and - submit to the Administrator a plan identifying the intended - uses of the entity loan fund. + of the State or Indian tribal government, Federal agencies, and + interest groups, each participating entity shall annually + prepare and submit to the Administrator a plan identifying the + intended uses of the entity loan fund. ``(2) Contents of plan.--An entity intended use plan prepared under paragraph (1) shall include-- ``(A) the integration of entity planning efforts, @@ -368,8 +366,8 @@ out such responsibilities. later than the last day of the second fiscal year after the receipt of payments under this section, and biennially thereafter, any participating entity shall-- - ``(A) conduct an audit of such fund established - under subsection (b); and + ``(A) conduct an audit of the entity loan fund + established under subsection (c); and ``(B) provide to the Administrator a report including-- ``(i) the result of any such audit; and @@ -377,7 +375,7 @@ out such responsibilities. entity loan fund of the entity with respect to meeting the goals and intended benefits described in the intended use plan submitted by - the entity under subsection (f). + the entity under subsection (g). ``(2) Publication.--A participating entity shall publish and periodically update information about all projects receiving funding from the entity loan fund of such entity, @@ -395,11 +393,11 @@ out such responsibilities. Administrator to carry out the objectives of this section and determine the effectiveness of the fund in reducing natural hazard risk. - ``(B) GAO requirements.--The entity shall conduct - audits under paragraph (1) in accordance with the - auditing procedures of the Government Accountability - Office, including generally accepted government - auditing standards. + ``(B) GAO requirements.--A participating entity + shall conduct audits under paragraph (1) in accordance + with the auditing procedures of the Government + Accountability Office, including generally accepted + government auditing standards. ``(C) Recommendations by administrator.--The Administrator may at any time make recommendations for or require specific changes to an entity loan fund in @@ -415,12 +413,36 @@ regulations or guidance as are necessary to-- and a recipient of amounts from an entity loan fund, to use procedures with respect to the management of the funds that conform to generally accepted accounting standards. - ``(j) Liability Protections.--The Federal Emergency Management -Agency shall not be liable for any claim based on the exercise or -performance of, or the failure to exercise or perform, a discretionary -function or duty by the Agency, or an employee of the Agency in -carrying out this section. - ``(k) Definitions.--In this section, the following definitions + ``(j) Waiver Authority.--Until such time as the Administrator +issues final regulations to implement this section, the Administrator +may-- + ``(1) waive notice and comment rulemaking, if the + Administrator determines the waiver is necessary to + expeditiously implement this section; and + ``(2) provide capitalization grants under this section as a + pilot program. + ``(k) Liability Protections.--The Agency shall not be liable for +any claim based on the exercise or performance of, or the failure to +exercise or perform, a discretionary function or duty by the Agency, or +an employee of the Agency in carrying out this section. + ``(l) GAO Report.--Not later than 1 year after the date on which +the first entity loan fund is established under subsection (c), the +Comptroller General of the United States shall submit to the Committee +on Homeland Security and Governmental Affairs of the Senate and the +Committee on Transportation and Infrastructure of the House of +Representatives a report that examines-- + ``(1) the appropriateness of regulations and guidance + issued by the Administrator for the program, including any + oversight of the program; + ``(2) a description of the number of the entity loan funds + established, the projects funded from such entity loan funds, + and the extent to which projects funded by the loan funds + adhere to any applicable hazard mitigation plans; + ``(3) the effectiveness of the entity loan funds to lower + disaster related costs; and + ``(4) recommendations for improving the administration of + entity loan funds. + ``(m) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Federal Emergency Management Agency. @@ -452,7 +474,31 @@ apply: U.S.C. 4104c(h)). ``(10) State.--The term `State' means any State of the United States, the District of Columbia, and Puerto Rico. - ``(l) Authorization of Appropriations.--There are authorized to be -appropriated $100,000,000 for each of fiscal years 2021 through 2023 to + ``(11) Wildland-urban interface.--The term `wildland-urban + interface' has the meaning given the term in section 101 of the + Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). + ``(n) Authorization of Appropriations.--There are authorized to be +appropriated $100,000,000 for each of fiscal years 2022 through 2023 to carry out this section.''. - \ No newline at end of file + + Passed the Senate December 9, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3418 + +_______________________________________________________________________ + + AN ACT + + To amend the Robert T. Stafford Disaster Relief and Emergency + Assistance Act to allow the Administrator of the Federal Emergency + Management Agency to provide capitalization grants to States to + establish revolving funds to provide hazard mitigation assistance to + reduce risks from disasters and natural hazards, and other related + environmental harm. From cfed6622c235fccb4b7e08d3a09a151bdae7d2a9 Mon Sep 17 00:00:00 2001 From: "Sen. Peters, Gary C. [D-MI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 927/984] Senate-3418: Enrolled --- bills_text/Senate-3418.txt | 845 +++++++++++++++++-------------------- 1 file changed, 397 insertions(+), 448 deletions(-) diff --git a/bills_text/Senate-3418.txt b/bills_text/Senate-3418.txt index 8274b1c..bce46a3 100644 --- a/bills_text/Senate-3418.txt +++ b/bills_text/Senate-3418.txt @@ -1,179 +1,166 @@ -116th CONGRESS - 2d Session - S. 3418 + S.3418 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend the Robert T. Stafford Disaster Relief and Emergency - Assistance Act to allow the Administrator of the Federal Emergency - Management Agency to provide capitalization grants to States to - establish revolving funds to provide hazard mitigation assistance to - reduce risks from disasters and natural hazards, and other related - environmental harm. +To amend the Robert T. Stafford Disaster Relief and Emergency Assistance + Act to allow the Administrator of the Federal Emergency Management +Agency to provide capitalization grants to States to establish revolving + funds to provide hazard mitigation assistance to reduce risks from + disasters and natural hazards, and other related environmental harm. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Safeguarding Tomorrow through Ongoing Risk Mitigation Act'' or the ``STORM Act''. - SEC. 2. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION - REVOLVING LOAN FUNDS. - +REVOLVING LOAN FUNDS. Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by adding at the end the following: - -``SEC. 205. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION - REVOLVING LOAN FUNDS. - + ``SEC. 205. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD + MITIGATION REVOLVING LOAN FUNDS. ``(a) General Authority.-- - ``(1) In general.--The Administrator may enter into - agreements with eligible entities to make capitalization grants - to such entities for the establishment of hazard mitigation - revolving loan funds (referred to in this section as `entity - loan funds') for providing funding assistance to local - governments to carry out eligible projects under this section - to reduce disaster risks for homeowners, businesses, nonprofit - organizations, and communities in order to decrease-- - ``(A) the loss of life and property; - ``(B) the cost of insurance; and - ``(C) Federal disaster payments. - ``(2) Agreements.--Any agreement entered into under this - section shall require the participating entity to-- - ``(A) comply with the requirements of this section; - and - ``(B) use accounting, audit, and fiscal procedures - conforming to generally accepted accounting standards. + ``(1) In general.--The Administrator may enter into agreements + with eligible entities to make capitalization grants to such + entities for the establishment of hazard mitigation revolving loan + funds (referred to in this section as `entity loan funds') for + providing funding assistance to local governments to carry out + eligible projects under this section to reduce disaster risks for + homeowners, businesses, nonprofit organizations, and communities in + order to decrease-- + ``(A) the loss of life and property; + ``(B) the cost of insurance; and + ``(C) Federal disaster payments. + ``(2) Agreements.--Any agreement entered into under this + section shall require the participating entity to-- + ``(A) comply with the requirements of this section; and + ``(B) use accounting, audit, and fiscal procedures + conforming to generally accepted accounting standards. ``(b) Application.-- - ``(1) In general.--To be eligible to receive a - capitalization grant under this section, an eligible entity - shall submit to the Administrator an application that includes - the following: - ``(A) Project proposals comprised of local - government hazard mitigation projects, on the condition - that the entity provides public notice not less than 6 - weeks prior to the submission of an application. - ``(B) An assessment of recurring major disaster - vulnerabilities impacting the entity that demonstrates - a risk to life and property. - ``(C) A description of how the hazard mitigation - plan of the entity has or has not taken the - vulnerabilities described in subparagraph (B) into - account. - ``(D) A description about how the projects - described in subparagraph (A) could conform with the - hazard mitigation plan of the entity and of the unit of - local government. - ``(E) A proposal of the systematic and regional - approach to achieve resilience in a vulnerable area, - including impacts to river basins, river corridors, - watersheds, estuaries, bays, coastal regions, micro- - basins, micro-watersheds, ecosystems, and areas at risk - of earthquakes, tsunamis, droughts, severe storms, and - wildfires, including the wildland-urban interface. - ``(2) Technical assistance.--The Administrator shall - provide technical assistance to eligible entities for - applications under this section. + ``(1) In general.--To be eligible to receive a capitalization + grant under this section, an eligible entity shall submit to the + Administrator an application that includes the following: + ``(A) Project proposals comprised of local government + hazard mitigation projects, on the condition that the entity + provides public notice not less than 6 weeks prior to the + submission of an application. + ``(B) An assessment of recurring major disaster + vulnerabilities impacting the entity that demonstrates a risk + to life and property. + ``(C) A description of how the hazard mitigation plan of + the entity has or has not taken the vulnerabilities described + in subparagraph (B) into account. + ``(D) A description about how the projects described in + subparagraph (A) could conform with the hazard mitigation plan + of the entity and of the unit of local government. + ``(E) A proposal of the systematic and regional approach to + achieve resilience in a vulnerable area, including impacts to + river basins, river corridors, watersheds, estuaries, bays, + coastal regions, micro-basins, micro-watersheds, ecosystems, + and areas at risk of earthquakes, tsunamis, droughts, severe + storms, and wildfires, including the wildland-urban interface. + ``(2) Technical assistance.--The Administrator shall provide + technical assistance to eligible entities for applications under + this section. ``(c) Entity Loan Fund.-- - ``(1) Establishment of fund.--An entity that receives a - capitalization grant under this section shall establish an - entity loan fund that complies with the requirements of this - subsection. - ``(2) Fund management.--Except as provided in paragraph - (3), entity loan funds shall-- - ``(A) be administered by the agency responsible for - emergency management; and - ``(B) include only-- - ``(i) funds provided by a capitalization - grant under this section; - ``(ii) repayments of loans under this - section to the entity loan fund; and - ``(iii) interest earned on amounts in the - entity loan fund. - ``(3) Administration.--A participating entity may combine - the financial administration of the entity loan fund of such - entity with the financial administration of any other revolving - fund established by such entity if the Administrator determines - that-- - ``(A) the capitalization grant, entity share, - repayments of loans, and interest earned on amounts in - the entity loan fund are accounted for separately from - other amounts in the revolving fund; and - ``(B) the authority to establish assistance - priorities and carry out oversight activities remains - in the control of the entity agency responsible for - emergency management. - ``(4) Entity share of funds.-- - ``(A) In general.--On or before the date on which a - participating entity receives a capitalization grant - under this section, the entity shall deposit into the - entity loan fund of such entity, an amount equal to not - less than 10 percent of the amount of the - capitalization grant. - ``(B) Reduced grant.--If, with respect to a - capitalization grant under this section, a - participating entity deposits in the entity loan fund - of the entity an amount that is less than 10 percent of - the total amount of the capitalization grant that the - participating entity would otherwise receive, the - Administrator shall reduce the amount of the - capitalization grant received by the entity to the - amount that is 10 times the amount so deposited. + ``(1) Establishment of fund.--An entity that receives a + capitalization grant under this section shall establish an entity + loan fund that complies with the requirements of this subsection. + ``(2) Fund management.--Except as provided in paragraph (3), + entity loan funds shall-- + ``(A) be administered by the agency responsible for + emergency management; and + ``(B) include only-- + ``(i) funds provided by a capitalization grant under + this section; + ``(ii) repayments of loans under this section to the + entity loan fund; and + ``(iii) interest earned on amounts in the entity loan + fund. + ``(3) Administration.--A participating entity may combine the + financial administration of the entity loan fund of such entity + with the financial administration of any other revolving fund + established by such entity if the Administrator determines that-- + ``(A) the capitalization grant, entity share, repayments of + loans, and interest earned on amounts in the entity loan fund + are accounted for separately from other amounts in the + revolving fund; and + ``(B) the authority to establish assistance priorities and + carry out oversight activities remains in the control of the + entity agency responsible for emergency management. + ``(4) Entity share of funds.-- + ``(A) In general.--On or before the date on which a + participating entity receives a capitalization grant under this + section, the entity shall deposit into the entity loan fund of + such entity, an amount equal to not less than 10 percent of the + amount of the capitalization grant. + ``(B) Reduced grant.--If, with respect to a capitalization + grant under this section, a participating entity deposits in + the entity loan fund of the entity an amount that is less than + 10 percent of the total amount of the capitalization grant that + the participating entity would otherwise receive, the + Administrator shall reduce the amount of the capitalization + grant received by the entity to the amount that is 10 times the + amount so deposited. ``(d) Apportionment.-- - ``(1) In general.--Except as otherwise provided by this - subsection, the Administrator shall apportion funds made - available to carry out this section to entities that have - entered into an agreement under subsection (a)(2) in amounts as - determined by the Administrator. - ``(2) Reservation of funds.--The Administrator shall - reserve not more than 2.5 percent of the amount made available - to carry out this section for the Federal Emergency Management - Agency for-- - ``(A) administrative costs incurred in carrying out - this section; - ``(B) providing technical assistance to - participating entities under subsection (b)(2); and - ``(C) capitalization grants to insular areas under - paragraph (4). - ``(3) Priority.--In the apportionment of capitalization - grants under this subsection, the Administrator shall give - priority to entity applications under subsection (b) that-- - ``(A) propose projects increasing resilience and - reducing risk of harm to natural and built - infrastructure; - ``(B) involve a partnership between two or more - eligible entities to carry out a project or similar - projects; - ``(C) take into account regional impacts of hazards - on river basins, river corridors, micro-watersheds, - macro-watersheds, estuaries, lakes, bays, and coastal - regions and areas at risk of earthquakes, tsunamis, - droughts, severe storms, and wildfires, including the - wildland-urban interface; or - ``(D) propose projects for the resilience of major - economic sectors or critical national infrastructure, - including ports, global commodity supply chain assets - (located within an entity or within the jurisdiction of - local governments, insular areas, and Indian tribal - governments), power and water production and - distribution centers, and bridges and waterways - essential to interstate commerce. - ``(4) Insular areas.-- - ``(A) Apportionment.--From any amount remaining of - funds reserved under paragraph (2), the Administrator - may enter into agreements to provide capitalization - grants to insular areas. - ``(B) Requirements.--An insular area receiving a - capitalization grant under this section shall comply - with the requirements of this section as applied to - participating entities. + ``(1) In general.--Except as otherwise provided by this + subsection, the Administrator shall apportion funds made available + to carry out this section to entities that have entered into an + agreement under subsection (a)(2) in amounts as determined by the + Administrator. + ``(2) Reservation of funds.--The Administrator shall reserve + not more than 2.5 percent of the amount made available to carry out + this section for the Federal Emergency Management Agency for-- + ``(A) administrative costs incurred in carrying out this + section; + ``(B) providing technical assistance to participating + entities under subsection (b)(2); and + ``(C) capitalization grants to insular areas under + paragraph (4). + ``(3) Priority.--In the apportionment of capitalization grants + under this subsection, the Administrator shall give priority to + entity applications under subsection (b) that-- + ``(A) propose projects increasing resilience and reducing + risk of harm to natural and built infrastructure; + ``(B) involve a partnership between two or more eligible + entities to carry out a project or similar projects; + ``(C) take into account regional impacts of hazards on + river basins, river corridors, micro-watersheds, macro- + watersheds, estuaries, lakes, bays, and coastal regions and + areas at risk of earthquakes, tsunamis, droughts, severe + storms, and wildfires, including the wildland-urban interface; + or + ``(D) propose projects for the resilience of major economic + sectors or critical national infrastructure, including ports, + global commodity supply chain assets (located within an entity + or within the jurisdiction of local governments, insular areas, + and Indian tribal governments), power and water production and + distribution centers, and bridges and waterways essential to + interstate commerce. + ``(4) Insular areas.-- + ``(A) Apportionment.--From any amount remaining of funds + reserved under paragraph (2), the Administrator may enter into + agreements to provide capitalization grants to insular areas. + ``(B) Requirements.--An insular area receiving a + capitalization grant under this section shall comply with the + requirements of this section as applied to participating + entities. ``(e) Environmental Review of Revolving Loan Fund Projects.--The Administrator may delegate to a participating entity all of the responsibilities for environmental review, decision making, and action @@ -187,240 +174,219 @@ the participating entity carries out such responsibilities in the same manner and subject to the same requirements as if the Administrator carried out such responsibilities. ``(f) Use of Funds.-- - ``(1) Types of assistance.--Amounts deposited in an entity - loan fund, including loan repayments and interest earned on - such amounts, may be used-- - ``(A) to make loans, on the condition that-- - ``(i) such loans are made at an interest - rate of not more than 1 percent; - ``(ii) annual principal and interest - payments will commence not later than 1 year - after completion of any project and all loans - made under this subparagraph will be fully - amortized-- - ``(I) not later than 20 years after - the date on which the project is - completed; or - ``(II) for projects in a low-income - geographic area, not later than 30 - years after the date on which the - project is completed and not longer - than the expected design life of the - project; - ``(iii) the loan recipient of a loan under - this subparagraph establishes a dedicated - source of revenue for repayment of the loan; - ``(iv) the loan recipient of a loan under - this subparagraph has a hazard mitigation plan - that has been approved by the Administrator; - and - ``(v) the entity loan fund will be credited - with all payments of principal and interest on - all loans made under this subparagraph; - ``(B) for mitigation efforts, in addition to - mitigation planning under section 322 not to exceed 10 - percent of the capitalization grants made to the - participating entity in a fiscal year; - ``(C) for the reasonable costs of administering the - fund and conducting activities under this section, - except that such amounts shall not exceed $100,000 per - year, 2 percent of the capitalization grants made to - the participating entity in a fiscal year, or 1 percent - of the value of the entity loan fund, whichever amount - is greatest, plus the amount of any fees collected by - the entity for such purpose regardless of the source; - and - ``(D) to earn interest on the entity loan fund. - ``(2) Prohibition on determination that loan is a - duplication.--In carrying out this section, the Administrator - may not determine that a loan is a duplication of assistance or - programs under this Act. - ``(3) Projects and activities eligible for assistance.-- - Except as provided in this subsection, a participating entity - may use funds in the entity loan fund to provide financial - assistance for projects or activities that mitigate the impacts - of natural hazards including-- - ``(A) drought and prolonged episodes of intense - heat; - ``(B) severe storms, including hurricanes, - tornados, wind storms, cyclones, and severe winter - storms; - ``(C) wildfires; - ``(D) earthquakes; - ``(E) flooding, including the construction, repair, - or replacement of a non-Federal levee or other flood - control structure, provided that the Administrator, in - consultation with the Army Corps of Engineers (if - appropriate), requires an eligible entity to determine - that such levee or structure is designed, constructed, - and maintained in accordance with sound engineering - practices and standards equivalent to the purpose for - which such levee or structure is intended; - ``(F) shoreline erosion; - ``(G) high water levels; and - ``(H) storm surges. - ``(4) Zoning and land use planning changes.--A - participating entity may use not more than 10 percent of a - capitalization grant under this section to enable units of - local government to implement zoning and land use planning - changes focused on-- - ``(A) the development and improvement of zoning and - land use codes that incentivize and encourage low- - impact development, resilient wildland-urban interface - land management and development, natural - infrastructure, green stormwater management, - conservation areas adjacent to floodplains, - implementation of watershed or greenway master plans, - and reconnection of floodplains; - ``(B) the study and creation of agricultural risk - compensation districts where there is a desire to - remove or set-back levees protecting highly developed - agricultural land to mitigate for flooding, allowing - agricultural producers to receive compensation for - assuming greater flood risk that would alleviate flood - exposure to population centers and areas with critical - national infrastructure; - ``(C) the study and creation of land use incentives - that reward developers for greater reliance on low - impact development stormwater best management - practices, exchange density increases for increased - open space and improvement of neighborhood catch basins - to mitigate urban flooding, reward developers for - including and augmenting natural infrastructure - adjacent to and around building projects without - reliance on increased sprawl, and reward developers for - addressing wildfire ignition; and - ``(D) the study and creation of an erosion response - plan that accommodates river, lake, forest, plains, and - ocean shoreline retreating or bluff stabilization due - to increased flooding and disaster impacts. - ``(5) Establishing and carrying out building code - enforcement.--A participating entity may use capitalization - grants under this section to enable units of local government - to establish and carry out the latest published editions of - relevant building codes, specifications, and standards for the - purpose of protecting the health, safety, and general welfare - of the building's users against disasters and natural hazards. - ``(6) Administrative and technical costs.--For each fiscal - year, a participating entity may use the amount described in - paragraph (1)(C) to-- - ``(A) pay the reasonable costs of administering the - programs under this section, including the cost of - establishing an entity loan fund; and - ``(B) provide technical assistance to recipients of - financial assistance from the entity loan fund, on the - condition that such technical assistance does not - exceed 5 percent of the capitalization grant made to - such entity. - ``(7) Limitation for single projects.--A participating - entity may not provide an amount equal to or more than - $5,000,000 to a single hazard mitigation project. - ``(8) Requirements.--For fiscal year 2022 and each fiscal - year thereafter, the requirements of subchapter IV of chapter - 31 of title 40, United States Code, shall apply to the - construction of projects carried out in whole or in part with - assistance made available by an entity loan fund authorized by - this section. + ``(1) Types of assistance.--Amounts deposited in an entity loan + fund, including loan repayments and interest earned on such + amounts, may be used-- + ``(A) to make loans, on the condition that-- + ``(i) such loans are made at an interest rate of not + more than 1 percent; + ``(ii) annual principal and interest payments will + commence not later than 1 year after completion of any + project and all loans made under this subparagraph will be + fully amortized-- + + ``(I) not later than 20 years after the date on + which the project is completed; or + ``(II) for projects in a low-income geographic + area, not later than 30 years after the date on which + the project is completed and not longer than the + expected design life of the project; + + ``(iii) the loan recipient of a loan under this + subparagraph establishes a dedicated source of revenue for + repayment of the loan; + ``(iv) the loan recipient of a loan under this + subparagraph has a hazard mitigation plan that has been + approved by the Administrator; and + ``(v) the entity loan fund will be credited with all + payments of principal and interest on all loans made under + this subparagraph; + ``(B) for mitigation efforts, in addition to mitigation + planning under section 322 not to exceed 10 percent of the + capitalization grants made to the participating entity in a + fiscal year; + ``(C) for the reasonable costs of administering the fund + and conducting activities under this section, except that such + amounts shall not exceed $100,000 per year, 2 percent of the + capitalization grants made to the participating entity in a + fiscal year, or 1 percent of the value of the entity loan fund, + whichever amount is greatest, plus the amount of any fees + collected by the entity for such purpose regardless of the + source; and + ``(D) to earn interest on the entity loan fund. + ``(2) Prohibition on determination that loan is a + duplication.--In carrying out this section, the Administrator may + not determine that a loan is a duplication of assistance or + programs under this Act. + ``(3) Projects and activities eligible for assistance.--Except + as provided in this subsection, a participating entity may use + funds in the entity loan fund to provide financial assistance for + projects or activities that mitigate the impacts of natural hazards + including-- + ``(A) drought and prolonged episodes of intense heat; + ``(B) severe storms, including hurricanes, tornados, wind + storms, cyclones, and severe winter storms; + ``(C) wildfires; + ``(D) earthquakes; + ``(E) flooding, including the construction, repair, or + replacement of a non-Federal levee or other flood control + structure, provided that the Administrator, in consultation + with the Army Corps of Engineers (if appropriate), requires an + eligible entity to determine that such levee or structure is + designed, constructed, and maintained in accordance with sound + engineering practices and standards equivalent to the purpose + for which such levee or structure is intended; + ``(F) shoreline erosion; + ``(G) high water levels; and + ``(H) storm surges. + ``(4) Zoning and land use planning changes.--A participating + entity may use not more than 10 percent of a capitalization grant + under this section to enable units of local government to implement + zoning and land use planning changes focused on-- + ``(A) the development and improvement of zoning and land + use codes that incentivize and encourage low-impact + development, resilient wildland-urban interface land management + and development, natural infrastructure, green stormwater + management, conservation areas adjacent to floodplains, + implementation of watershed or greenway master plans, and + reconnection of floodplains; + ``(B) the study and creation of agricultural risk + compensation districts where there is a desire to remove or + set-back levees protecting highly developed agricultural land + to mitigate for flooding, allowing agricultural producers to + receive compensation for assuming greater flood risk that would + alleviate flood exposure to population centers and areas with + critical national infrastructure; + ``(C) the study and creation of land use incentives that + reward developers for greater reliance on low impact + development stormwater best management practices, exchange + density increases for increased open space and improvement of + neighborhood catch basins to mitigate urban flooding, reward + developers for including and augmenting natural infrastructure + adjacent to and around building projects without reliance on + increased sprawl, and reward developers for addressing wildfire + ignition; and + ``(D) the study and creation of an erosion response plan + that accommodates river, lake, forest, plains, and ocean + shoreline retreating or bluff stabilization due to increased + flooding and disaster impacts. + ``(5) Establishing and carrying out building code + enforcement.--A participating entity may use capitalization grants + under this section to enable units of local government to establish + and carry out the latest published editions of relevant building + codes, specifications, and standards for the purpose of protecting + the health, safety, and general welfare of the building's users + against disasters and natural hazards. + ``(6) Administrative and technical costs.--For each fiscal + year, a participating entity may use the amount described in + paragraph (1)(C) to-- + ``(A) pay the reasonable costs of administering the + programs under this section, including the cost of establishing + an entity loan fund; and + ``(B) provide technical assistance to recipients of + financial assistance from the entity loan fund, on the + condition that such technical assistance does not exceed 5 + percent of the capitalization grant made to such entity. + ``(7) Limitation for single projects.--A participating entity + may not provide an amount equal to or more than $5,000,000 to a + single hazard mitigation project. + ``(8) Requirements.--For fiscal year 2022 and each fiscal year + thereafter, the requirements of subchapter IV of chapter 31 of + title 40, United States Code, shall apply to the construction of + projects carried out in whole or in part with assistance made + available by an entity loan fund authorized by this section. ``(g) Intended Use Plans.-- - ``(1) In general.--After providing for public comment and - review, and consultation with appropriate government agencies - of the State or Indian tribal government, Federal agencies, and - interest groups, each participating entity shall annually - prepare and submit to the Administrator a plan identifying the - intended uses of the entity loan fund. - ``(2) Contents of plan.--An entity intended use plan - prepared under paragraph (1) shall include-- - ``(A) the integration of entity planning efforts, - including entity hazard mitigation plans and other - programs and initiatives relating to mitigation of - major disasters carried out by such entity; - ``(B) an explanation of the mitigation and - resiliency benefits the entity intends to achieve by-- - ``(i) reducing future damage and loss - associated with hazards; - ``(ii) reducing the number of severe - repetitive loss structures and repetitive loss - structures in the entity; - ``(iii) decreasing the number of insurance - claims in the entity from injuries resulting - from major disasters or other natural hazards; - and - ``(iv) increasing the rating under the - community rating system under section 1315(b) - of the National Flood Insurance Act of 1968 (42 - U.S.C. 4022(b)) for communities in the entity; - ``(C) information on the availability of, and - application process for, financial assistance from the - entity loan fund of such entity; - ``(D) the criteria and methods established for the - distribution of funds; - ``(E) the amount of financial assistance that the - entity anticipates apportioning; - ``(F) the expected terms of the assistance provided - from the entity loan fund; and - ``(G) a description of the financial status of the - entity loan fund, including short-term and long-term - goals for the fund. + ``(1) In general.--After providing for public comment and + review, and consultation with appropriate government agencies of + the State or Indian tribal government, Federal agencies, and + interest groups, each participating entity shall annually prepare + and submit to the Administrator a plan identifying the intended + uses of the entity loan fund. + ``(2) Contents of plan.--An entity intended use plan prepared + under paragraph (1) shall include-- + ``(A) the integration of entity planning efforts, including + entity hazard mitigation plans and other programs and + initiatives relating to mitigation of major disasters carried + out by such entity; + ``(B) an explanation of the mitigation and resiliency + benefits the entity intends to achieve by-- + ``(i) reducing future damage and loss associated with + hazards; + ``(ii) reducing the number of severe repetitive loss + structures and repetitive loss structures in the entity; + ``(iii) decreasing the number of insurance claims in + the entity from injuries resulting from major disasters or + other natural hazards; and + ``(iv) increasing the rating under the community rating + system under section 1315(b) of the National Flood + Insurance Act of 1968 (42 U.S.C. 4022(b)) for communities + in the entity; + ``(C) information on the availability of, and application + process for, financial assistance from the entity loan fund of + such entity; + ``(D) the criteria and methods established for the + distribution of funds; + ``(E) the amount of financial assistance that the entity + anticipates apportioning; + ``(F) the expected terms of the assistance provided from + the entity loan fund; and + ``(G) a description of the financial status of the entity + loan fund, including short-term and long-term goals for the + fund. ``(h) Audits, Reports, Publications, and Oversight.-- - ``(1) Biennial entity audit and report.--Beginning not - later than the last day of the second fiscal year after the - receipt of payments under this section, and biennially - thereafter, any participating entity shall-- - ``(A) conduct an audit of the entity loan fund - established under subsection (c); and - ``(B) provide to the Administrator a report - including-- - ``(i) the result of any such audit; and - ``(ii) a review of the effectiveness of the - entity loan fund of the entity with respect to - meeting the goals and intended benefits - described in the intended use plan submitted by - the entity under subsection (g). - ``(2) Publication.--A participating entity shall publish - and periodically update information about all projects - receiving funding from the entity loan fund of such entity, - including-- - ``(A) the location of the project; - ``(B) the type and amount of assistance provided - from the entity loan fund; - ``(C) the expected funding schedule; and - ``(D) the anticipated date of completion of the - project. - ``(3) Oversight.-- - ``(A) In general.--The Administrator shall, at - least every 4 years, conduct reviews and audits as may - be determined necessary or appropriate by the - Administrator to carry out the objectives of this - section and determine the effectiveness of the fund in - reducing natural hazard risk. - ``(B) GAO requirements.--A participating entity - shall conduct audits under paragraph (1) in accordance - with the auditing procedures of the Government - Accountability Office, including generally accepted - government auditing standards. - ``(C) Recommendations by administrator.--The - Administrator may at any time make recommendations for - or require specific changes to an entity loan fund in - order to improve the effectiveness of the fund. + ``(1) Biennial entity audit and report.--Beginning not later + than the last day of the second fiscal year after the receipt of + payments under this section, and biennially thereafter, any + participating entity shall-- + ``(A) conduct an audit of the entity loan fund established + under subsection (c); and + ``(B) provide to the Administrator a report including-- + ``(i) the result of any such audit; and + ``(ii) a review of the effectiveness of the entity loan + fund of the entity with respect to meeting the goals and + intended benefits described in the intended use plan + submitted by the entity under subsection (g). + ``(2) Publication.--A participating entity shall publish and + periodically update information about all projects receiving + funding from the entity loan fund of such entity, including-- + ``(A) the location of the project; + ``(B) the type and amount of assistance provided from the + entity loan fund; + ``(C) the expected funding schedule; and + ``(D) the anticipated date of completion of the project. + ``(3) Oversight.-- + ``(A) In general.--The Administrator shall, at least every + 4 years, conduct reviews and audits as may be determined + necessary or appropriate by the Administrator to carry out the + objectives of this section and determine the effectiveness of + the fund in reducing natural hazard risk. + ``(B) GAO requirements.--A participating entity shall + conduct audits under paragraph (1) in accordance with the + auditing procedures of the Government Accountability Office, + including generally accepted government auditing standards. + ``(C) Recommendations by administrator.--The Administrator + may at any time make recommendations for or require specific + changes to an entity loan fund in order to improve the + effectiveness of the fund. ``(i) Regulations or Guidance.--The Administrator shall issue such regulations or guidance as are necessary to-- - ``(1) ensure that each participating entity uses funds as - efficiently as possible; - ``(2) reduce waste, fraud, and abuse to the maximum extent - possible; and - ``(3) require any party that receives funds directly or - indirectly under this section, including a participating entity - and a recipient of amounts from an entity loan fund, to use - procedures with respect to the management of the funds that - conform to generally accepted accounting standards. + ``(1) ensure that each participating entity uses funds as + efficiently as possible; + ``(2) reduce waste, fraud, and abuse to the maximum extent + possible; and + ``(3) require any party that receives funds directly or + indirectly under this section, including a participating entity and + a recipient of amounts from an entity loan fund, to use procedures + with respect to the management of the funds that conform to + generally accepted accounting standards. ``(j) Waiver Authority.--Until such time as the Administrator issues final regulations to implement this section, the Administrator may-- - ``(1) waive notice and comment rulemaking, if the - Administrator determines the waiver is necessary to - expeditiously implement this section; and - ``(2) provide capitalization grants under this section as a - pilot program. + ``(1) waive notice and comment rulemaking, if the Administrator + determines the waiver is necessary to expeditiously implement this + section; and + ``(2) provide capitalization grants under this section as a + pilot program. ``(k) Liability Protections.--The Agency shall not be liable for any claim based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty by the Agency, or @@ -431,74 +397,57 @@ Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines-- - ``(1) the appropriateness of regulations and guidance - issued by the Administrator for the program, including any - oversight of the program; - ``(2) a description of the number of the entity loan funds - established, the projects funded from such entity loan funds, - and the extent to which projects funded by the loan funds - adhere to any applicable hazard mitigation plans; - ``(3) the effectiveness of the entity loan funds to lower - disaster related costs; and - ``(4) recommendations for improving the administration of - entity loan funds. + ``(1) the appropriateness of regulations and guidance issued by + the Administrator for the program, including any oversight of the + program; + ``(2) a description of the number of the entity loan funds + established, the projects funded from such entity loan funds, and + the extent to which projects funded by the loan funds adhere to any + applicable hazard mitigation plans; + ``(3) the effectiveness of the entity loan funds to lower + disaster related costs; and + ``(4) recommendations for improving the administration of + entity loan funds. ``(m) Definitions.--In this section, the following definitions apply: - ``(1) Administrator.--The term `Administrator' means the - Administrator of the Federal Emergency Management Agency. - ``(2) Agency.--The term `Agency' means the Federal - Emergency Management Agency. - ``(3) Eligible entity.--The term `eligible entity' means-- - ``(A) a State; or - ``(B) an Indian tribal government that has received - a major disaster declaration during the 5-year period - ending on the date of enactment of the STORM Act. - ``(4) Hazard mitigation plan.--The term `hazard mitigation - plan' means a mitigation plan submitted under section 322. - ``(5) Insular area.--The term `insular area' means Guam, - American Samoa, the Commonwealth of the Northern Mariana - Islands, and the United States Virgin Islands. - ``(6) Low-income geographic area.--The term `low-income - geographic area' means an area described in paragraph (1) or - (2) of section 301(a) of the Public Works and Economic - Development Act of 1965 (42 U.S.C. 3161(a)). - ``(7) Participating entity.--The term `participating - entity' means an eligible entity that has entered into an - agreement under this section. - ``(8) Repetitive loss structure.--The term `repetitive loss - structure' has the meaning given the term in section 1370 of - the National Flood Insurance Act of 1968 (42 U.S.C. 4121). - ``(9) Severe repetitive loss structure.--The term `severe - repetitive loss structure' has the meaning given the term in - section 1366(h) of the National Flood Insurance Act of 1968 (42 - U.S.C. 4104c(h)). - ``(10) State.--The term `State' means any State of the - United States, the District of Columbia, and Puerto Rico. - ``(11) Wildland-urban interface.--The term `wildland-urban - interface' has the meaning given the term in section 101 of the - Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). + ``(1) Administrator.--The term `Administrator' means the + Administrator of the Federal Emergency Management Agency. + ``(2) Agency.--The term `Agency' means the Federal Emergency + Management Agency. + ``(3) Eligible entity.--The term `eligible entity' means-- + ``(A) a State; or + ``(B) an Indian tribal government that has received a major + disaster declaration during the 5-year period ending on the + date of enactment of the STORM Act. + ``(4) Hazard mitigation plan.--The term `hazard mitigation + plan' means a mitigation plan submitted under section 322. + ``(5) Insular area.--The term `insular area' means Guam, + American Samoa, the Commonwealth of the Northern Mariana Islands, + and the United States Virgin Islands. + ``(6) Low-income geographic area.--The term `low-income + geographic area' means an area described in paragraph (1) or (2) of + section 301(a) of the Public Works and Economic Development Act of + 1965 (42 U.S.C. 3161(a)). + ``(7) Participating entity.--The term `participating entity' + means an eligible entity that has entered into an agreement under + this section. + ``(8) Repetitive loss structure.--The term `repetitive loss + structure' has the meaning given the term in section 1370 of the + National Flood Insurance Act of 1968 (42 U.S.C. 4121). + ``(9) Severe repetitive loss structure.--The term `severe + repetitive loss structure' has the meaning given the term in + section 1366(h) of the National Flood Insurance Act of 1968 (42 + U.S.C. 4104c(h)). + ``(10) State.--The term `State' means any State of the United + States, the District of Columbia, and Puerto Rico. + ``(11) Wildland-urban interface.--The term `wildland-urban + interface' has the meaning given the term in section 101 of the + Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). ``(n) Authorization of Appropriations.--There are authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2023 to carry out this section.''. - Passed the Senate December 9, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3418 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend the Robert T. Stafford Disaster Relief and Emergency - Assistance Act to allow the Administrator of the Federal Emergency - Management Agency to provide capitalization grants to States to - establish revolving funds to provide hazard mitigation assistance to - reduce risks from disasters and natural hazards, and other related - environmental harm. + Vice President of the United States and + President of the Senate. From 2718f84ff509046db0cb0e59f4a224fa4035fbbe Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 928/984] Senate-3461: Introduced to Senate --- bills_text/Senate-3461.txt | 43 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 43 insertions(+) create mode 100644 bills_text/Senate-3461.txt diff --git a/bills_text/Senate-3461.txt b/bills_text/Senate-3461.txt new file mode 100644 index 0000000..14e4ec9 --- /dev/null +++ b/bills_text/Senate-3461.txt @@ -0,0 +1,43 @@ +116th CONGRESS + 2d Session + S. 3461 + + To designate the facility of the United States Postal Service located +at 2600 Wesley Street in Greenville, Texas, as the ``Audie Murphy Post + Office Building''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 12, 2020 + + Mr. Cornyn (for himself and Mr. Cruz) introduced the following bill; +which was read twice and referred to the Committee on Homeland Security + and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 2600 Wesley Street in Greenville, Texas, as the ``Audie Murphy Post + Office Building''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. AUDIE MURPHY POST OFFICE BUILDING. + + (a) Designation.--The facility of the United States Postal Service +located at 2600 Wesley Street in Greenville, Texas, shall be known and +designated as the ``Audie Murphy Post Office Building''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Audie +Murphy Post Office Building''. + \ No newline at end of file From ee1896dde11a94b74630564e318654c5de1aa81e Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 929/984] Senate-3461: Engrossed in Senate --- bills_text/Senate-3461.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-3461.txt b/bills_text/Senate-3461.txt index 14e4ec9..27eb2e7 100644 --- a/bills_text/Senate-3461.txt +++ b/bills_text/Senate-3461.txt @@ -2,25 +2,9 @@ 2d Session S. 3461 - To designate the facility of the United States Postal Service located -at 2600 Wesley Street in Greenville, Texas, as the ``Audie Murphy Post - Office Building''. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 12, 2020 - - Mr. Cornyn (for himself and Mr. Cruz) introduced the following bill; -which was read twice and referred to the Committee on Homeland Security - and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -40,4 +24,22 @@ designated as the ``Audie Murphy Post Office Building''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Audie Murphy Post Office Building''. - \ No newline at end of file + + Passed the Senate November 18, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3461 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 2600 Wesley Street in Greenville, Texas, as the ``Audie Murphy Post + Office Building''. From f563bd7a0e4c0fb942f331f0a5498287f1b4b069 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 930/984] Senate-3461: Enrolled --- bills_text/Senate-3461.txt | 45 ++++++++++++++++---------------------- 1 file changed, 19 insertions(+), 26 deletions(-) diff --git a/bills_text/Senate-3461.txt b/bills_text/Senate-3461.txt index 27eb2e7..31c641b 100644 --- a/bills_text/Senate-3461.txt +++ b/bills_text/Senate-3461.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - S. 3461 + S.3461 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 2600 Wesley Street in Greenville, Texas, as the ``Audie Murphy Post +To designate the facility of the United States Postal Service located at + 2600 Wesley Street in Greenville, Texas, as the ``Audie Murphy Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. AUDIE MURPHY POST OFFICE BUILDING. - (a) Designation.--The facility of the United States Postal Service located at 2600 Wesley Street in Greenville, Texas, shall be known and designated as the ``Audie Murphy Post Office Building''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Audie Murphy Post Office Building''. - Passed the Senate November 18, 2020. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3461 - -_______________________________________________________________________ - - AN ACT - - To designate the facility of the United States Postal Service located -at 2600 Wesley Street in Greenville, Texas, as the ``Audie Murphy Post - Office Building''. + Vice President of the United States and + President of the Senate. From eddef4b99441ee0924dff261a653b9431dec5d50 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 931/984] Senate-3462: Introduced to Senate --- bills_text/Senate-3462.txt | 43 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 43 insertions(+) create mode 100644 bills_text/Senate-3462.txt diff --git a/bills_text/Senate-3462.txt b/bills_text/Senate-3462.txt new file mode 100644 index 0000000..b606192 --- /dev/null +++ b/bills_text/Senate-3462.txt @@ -0,0 +1,43 @@ +116th CONGRESS + 2d Session + S. 3462 + + To designate the facility of the United States Postal Service located + at 909 West Holiday Drive in Fate, Texas, as the ``Ralph Hall Post + Office''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + March 12, 2020 + + Mr. Cornyn (for himself and Mr. Cruz) introduced the following bill; +which was read twice and referred to the Committee on Homeland Security + and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 909 West Holiday Drive in Fate, Texas, as the ``Ralph Hall Post + Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. RALPH HALL POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 909 West Holiday Drive in Fate, Texas, shall be known and +designated as the ``Ralph Hall Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Ralph Hall +Post Office''. + \ No newline at end of file From ff9ff4fd9a7c3993a3e15e3fc9bfda9885c5e64d Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 932/984] Senate-3462: Engrossed in Senate --- bills_text/Senate-3462.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-3462.txt b/bills_text/Senate-3462.txt index b606192..04fe52f 100644 --- a/bills_text/Senate-3462.txt +++ b/bills_text/Senate-3462.txt @@ -2,25 +2,9 @@ 2d Session S. 3462 - To designate the facility of the United States Postal Service located - at 909 West Holiday Drive in Fate, Texas, as the ``Ralph Hall Post - Office''. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - March 12, 2020 - - Mr. Cornyn (for himself and Mr. Cruz) introduced the following bill; -which was read twice and referred to the Committee on Homeland Security - and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -40,4 +24,22 @@ designated as the ``Ralph Hall Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ralph Hall Post Office''. - \ No newline at end of file + + Passed the Senate November 18, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3462 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 909 West Holiday Drive in Fate, Texas, as the ``Ralph Hall Post + Office''. From 6e899e44dbd009312cbb665b974830b67394a254 Mon Sep 17 00:00:00 2001 From: "Sen. Cornyn, John [R-TX]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 933/984] Senate-3462: Enrolled --- bills_text/Senate-3462.txt | 47 ++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/Senate-3462.txt b/bills_text/Senate-3462.txt index 04fe52f..cc45d23 100644 --- a/bills_text/Senate-3462.txt +++ b/bills_text/Senate-3462.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - S. 3462 + S.3462 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 909 West Holiday Drive in Fate, Texas, as the ``Ralph Hall Post - Office''. +To designate the facility of the United States Postal Service located at + 909 West Holiday Drive in Fate, Texas, as the ``Ralph Hall Post + Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. RALPH HALL POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 909 West Holiday Drive in Fate, Texas, shall be known and designated as the ``Ralph Hall Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ralph Hall Post Office''. - Passed the Senate November 18, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3462 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 909 West Holiday Drive in Fate, Texas, as the ``Ralph Hall Post - Office''. + Vice President of the United States and + President of the Senate. From d8789bbfb54a8a467a47443168caa46ccd4d5a31 Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 934/984] Senate-3503: Engrossed in Senate --- bills_text/Senate-3503.txt | 82 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 82 insertions(+) create mode 100644 bills_text/Senate-3503.txt diff --git a/bills_text/Senate-3503.txt b/bills_text/Senate-3503.txt new file mode 100644 index 0000000..11c887b --- /dev/null +++ b/bills_text/Senate-3503.txt @@ -0,0 +1,82 @@ +116th CONGRESS + 2d Session + S. 3503 + +_______________________________________________________________________ + + AN ACT + + + + To authorize the Secretary of Veterans Affairs to treat certain + programs of education converted to distance learning by reason of + emergencies and health-related situations in the same manner as + programs of education pursued at educational institutions, and for + other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL + ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION + CONVERTED TO DISTANCE LEARNING BY REASON OF EMERGENCIES + AND HEALTH-RELATED SITUATIONS. + + (a) In General.--In the case of a program of education approved by +a State approving agency, or the Secretary of Veterans Affairs when +acting in the role of a State approving agency, that is converted from +being offered on-site at an educational institution to being offered by +distance learning by reason of an emergency or health-related +situation, as determined by the Secretary, the Secretary may continue +to provide educational assistance under the laws administered by the +Secretary without regard to such conversion, including with respect to +paying any-- + (1) monthly housing stipends under chapter 33 of title 38, + United States Code; or + (2) payments or subsistence allowances under chapters 30, + 31, 32, and 35 of such title and chapters 1606 and 1607 of + title 10, United States Code. + (b) Applicability Period.--Subsection (a) shall apply during the +period beginning on March 1, 2020, and ending on December 21, 2020. + (c) Definitions.--In this section: + (1) Educational institution.--The term ``educational + institution'' has the meaning given that term in section 3452 + of title 38, United States Code, and includes an institution of + higher learning (as defined in such section). + (2) Program of education.--The term ``program of + education'' has the meaning given that term in section 3002 of + title 38, United States Code. + (3) State approving agency.--The term ``State approving + agency'' has the meaning given that term in section 3671 of + title 38, United States Code. + +SEC. 2. EMERGENCY DESIGNATIONS. + + (a) In General.--This Act is designated as an emergency requirement +pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 +U.S.C. 933(g)). + (b) Designation in Senate.--In the Senate, this Act is designated +as an emergency requirement pursuant to section 4112(a) of H. Con. Res. +71 (115th Congress), the concurrent resolution on the budget for fiscal +year 2018. + + Passed the Senate March 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3503 + +_______________________________________________________________________ + + AN ACT + + To authorize the Secretary of Veterans Affairs to treat certain + programs of education converted to distance learning by reason of + emergencies and health-related situations in the same manner as + programs of education pursued at educational institutions, and for + other purposes. From 97756f2b3afe8a7bfc0faa8636f34e28b3337ea6 Mon Sep 17 00:00:00 2001 From: "Sen. Moran, Jerry [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 935/984] Senate-3503: Enrolled --- bills_text/Senate-3503.txt | 90 +++++++++++++++++--------------------- 1 file changed, 39 insertions(+), 51 deletions(-) diff --git a/bills_text/Senate-3503.txt b/bills_text/Senate-3503.txt index 11c887b..db4d736 100644 --- a/bills_text/Senate-3503.txt +++ b/bills_text/Senate-3503.txt @@ -1,27 +1,33 @@ -116th CONGRESS - 2d Session - S. 3503 + S.3503 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To authorize the Secretary of Veterans Affairs to treat certain - programs of education converted to distance learning by reason of - emergencies and health-related situations in the same manner as - programs of education pursued at educational institutions, and for - other purposes. +To authorize the Secretary of Veterans Affairs to treat certain programs +of education converted to distance learning by reason of emergencies and + health-related situations in the same manner as programs of education + pursued at educational institutions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL - ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION - CONVERTED TO DISTANCE LEARNING BY REASON OF EMERGENCIES - AND HEALTH-RELATED SITUATIONS. - +ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION CONVERTED TO +DISTANCE LEARNING BY REASON OF EMERGENCIES AND HEALTH-RELATED +SITUATIONS. (a) In General.--In the case of a program of education approved by a State approving agency, or the Secretary of Veterans Affairs when acting in the role of a State approving agency, that is converted from @@ -31,27 +37,25 @@ situation, as determined by the Secretary, the Secretary may continue to provide educational assistance under the laws administered by the Secretary without regard to such conversion, including with respect to paying any-- - (1) monthly housing stipends under chapter 33 of title 38, - United States Code; or - (2) payments or subsistence allowances under chapters 30, - 31, 32, and 35 of such title and chapters 1606 and 1607 of - title 10, United States Code. + (1) monthly housing stipends under chapter 33 of title 38, + United States Code; or + (2) payments or subsistence allowances under chapters 30, 31, + 32, and 35 of such title and chapters 1606 and 1607 of title 10, + United States Code. (b) Applicability Period.--Subsection (a) shall apply during the period beginning on March 1, 2020, and ending on December 21, 2020. (c) Definitions.--In this section: - (1) Educational institution.--The term ``educational - institution'' has the meaning given that term in section 3452 - of title 38, United States Code, and includes an institution of - higher learning (as defined in such section). - (2) Program of education.--The term ``program of - education'' has the meaning given that term in section 3002 of - title 38, United States Code. - (3) State approving agency.--The term ``State approving - agency'' has the meaning given that term in section 3671 of - title 38, United States Code. - + (1) Educational institution.--The term ``educational + institution'' has the meaning given that term in section 3452 of + title 38, United States Code, and includes an institution of higher + learning (as defined in such section). + (2) Program of education.--The term ``program of education'' + has the meaning given that term in section 3002 of title 38, United + States Code. + (3) State approving agency.--The term ``State approving + agency'' has the meaning given that term in section 3671 of title + 38, United States Code. SEC. 2. EMERGENCY DESIGNATIONS. - (a) In General.--This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). @@ -60,23 +64,7 @@ as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. - Passed the Senate March 16, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3503 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To authorize the Secretary of Veterans Affairs to treat certain - programs of education converted to distance learning by reason of - emergencies and health-related situations in the same manner as - programs of education pursued at educational institutions, and for - other purposes. + Vice President of the United States and + President of the Senate. From c5e3fd3b9d36ae38c4567db053e990224d5a7c61 Mon Sep 17 00:00:00 2001 From: "Sen. Casey, Robert P., Jr. [D-PA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 936/984] Senate-3587: Engrossed in Senate --- bills_text/Senate-3587.txt | 77 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 77 insertions(+) create mode 100644 bills_text/Senate-3587.txt diff --git a/bills_text/Senate-3587.txt b/bills_text/Senate-3587.txt new file mode 100644 index 0000000..3ab6450 --- /dev/null +++ b/bills_text/Senate-3587.txt @@ -0,0 +1,77 @@ +116th CONGRESS + 2d Session + S. 3587 + +_______________________________________________________________________ + + AN ACT + + + +To require the Secretary of Veterans Affairs to conduct a study on the + accessibility of websites of the Department of Veterans Affairs to + individuals with disabilities, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Department of Veterans Affairs +Website Accessibility Act of 2019''. + +SEC. 2. STUDY ON THE ACCESSIBILITY OF WEBSITES OF THE DEPARTMENT OF + VETERANS AFFAIRS TO INDIVIDUALS WITH DISABILITIES. + + (a) Study.--Not later than 180 days after the date of the enactment +of this Act, the Secretary of Veterans Affairs shall conduct a study of +all websites of the Department of Veterans Affairs to determine whether +such websites are accessible to individuals with disabilities in +accordance with section 508 of the Rehabilitation Act of 1973 (29 +U.S.C. 794d). + (b) Report.--Not later than 90 days after completing the study +under subsection (a), the Secretary shall submit to the Committee on +Veterans' Affairs of the Senate and the Committee on Veterans' Affairs +of the House of Representatives a report on such study. + (c) Elements.--The report required by subsection (b) shall include +the following: + (1) A list of each website described in subsection (a) that + is not accessible to individuals with disabilities in + accordance with section 508 of the Rehabilitation Act of 1973 + (29 U.S.C. 794d). + (2) For each website identified in the list under paragraph + (1)-- + (A) the plan of the Secretary to bring the website + into compliance with the requirements of section 508 of + the Rehabilitation Act of 1973 (29 U.S.C. 794d); and + (B) a description of the barriers to bringing the + website into compliance with the requirements of such + section, including any barriers relating to vacant + positions at the Department of Veterans Affairs. + (d) Website Defined.--In this section, the term ``website'' +includes the following: + (1) A file attached to a website. + (2) A web-based application. + (3) A kiosk at a medical facility of the Department of + Veterans Affairs, the use of which is required to check in for + scheduled appointments. + + Passed the Senate March 26 (legislative day, March 25), + 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3587 + +_______________________________________________________________________ + + AN ACT + +To require the Secretary of Veterans Affairs to conduct a study on the + accessibility of websites of the Department of Veterans Affairs to + individuals with disabilities, and for other purposes. From caf3d0de43567cdd868392e2ce127a92cb5bc188 Mon Sep 17 00:00:00 2001 From: "Sen. Casey, Robert P., Jr. [D-PA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 937/984] Senate-3587: Enrolled --- bills_text/Senate-3587.txt | 85 +++++++++++++++++--------------------- 1 file changed, 37 insertions(+), 48 deletions(-) diff --git a/bills_text/Senate-3587.txt b/bills_text/Senate-3587.txt index 3ab6450..1095928 100644 --- a/bills_text/Senate-3587.txt +++ b/bills_text/Senate-3587.txt @@ -1,28 +1,33 @@ -116th CONGRESS - 2d Session - S. 3587 + S.3587 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To require the Secretary of Veterans Affairs to conduct a study on the - accessibility of websites of the Department of Veterans Affairs to + To require the Secretary of Veterans Affairs to conduct a study on the + accessibility of websites of the Department of Veterans Affairs to individuals with disabilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Department of Veterans Affairs Website Accessibility Act of 2019''. - SEC. 2. STUDY ON THE ACCESSIBILITY OF WEBSITES OF THE DEPARTMENT OF - VETERANS AFFAIRS TO INDIVIDUALS WITH DISABILITIES. - +VETERANS AFFAIRS TO INDIVIDUALS WITH DISABILITIES. (a) Study.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a study of all websites of the Department of Veterans Affairs to determine whether @@ -35,43 +40,27 @@ Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such study. (c) Elements.--The report required by subsection (b) shall include the following: - (1) A list of each website described in subsection (a) that - is not accessible to individuals with disabilities in - accordance with section 508 of the Rehabilitation Act of 1973 - (29 U.S.C. 794d). - (2) For each website identified in the list under paragraph - (1)-- - (A) the plan of the Secretary to bring the website - into compliance with the requirements of section 508 of - the Rehabilitation Act of 1973 (29 U.S.C. 794d); and - (B) a description of the barriers to bringing the - website into compliance with the requirements of such - section, including any barriers relating to vacant - positions at the Department of Veterans Affairs. + (1) A list of each website described in subsection (a) that is + not accessible to individuals with disabilities in accordance with + section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). + (2) For each website identified in the list under paragraph + (1)-- + (A) the plan of the Secretary to bring the website into + compliance with the requirements of section 508 of the + Rehabilitation Act of 1973 (29 U.S.C. 794d); and + (B) a description of the barriers to bringing the website + into compliance with the requirements of such section, + including any barriers relating to vacant positions at the + Department of Veterans Affairs. (d) Website Defined.--In this section, the term ``website'' includes the following: - (1) A file attached to a website. - (2) A web-based application. - (3) A kiosk at a medical facility of the Department of - Veterans Affairs, the use of which is required to check in for - scheduled appointments. - - Passed the Senate March 26 (legislative day, March 25), - 2020. - - Attest: - - Secretary. -116th CONGRESS + (1) A file attached to a website. + (2) A web-based application. + (3) A kiosk at a medical facility of the Department of Veterans + Affairs, the use of which is required to check in for scheduled + appointments. - 2d Session + Speaker of the House of Representatives. - S. 3587 - -_______________________________________________________________________ - - AN ACT - -To require the Secretary of Veterans Affairs to conduct a study on the - accessibility of websites of the Department of Veterans Affairs to - individuals with disabilities, and for other purposes. + Vice President of the United States and + President of the Senate. From 1372038040c847d394411d5832e085bfeb58d285 Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 938/984] Senate-3607: Introduced to Senate --- bills_text/Senate-3607.txt | 88 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 88 insertions(+) create mode 100644 bills_text/Senate-3607.txt diff --git a/bills_text/Senate-3607.txt b/bills_text/Senate-3607.txt new file mode 100644 index 0000000..0ac092a --- /dev/null +++ b/bills_text/Senate-3607.txt @@ -0,0 +1,88 @@ +116th CONGRESS + 2d Session + S. 3607 + + To extend public safety officer death benefits to public safety + officers whose death is caused by COVID-19, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 5, 2020 + + Mr. Grassley (for himself, Mr. Booker, Mr. Cruz, Mrs. Feinstein, Mr. + Tillis, Mr. Coons, Mr. Daines, Mrs. Gillibrand, Mr. Scott of Florida, + Mr. Menendez, Mrs. Loeffler, Mr. Blumenthal, Mr. Moran, Mr. Schumer, + and Ms. Collins) introduced the following bill; which was read twice + and referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To extend public safety officer death benefits to public safety + officers whose death is caused by COVID-19, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Safeguarding America's First +Responders Act of 2020''. + +SEC. 2. SENSE OF CONGRESS; PURPOSE. + + (a) Sense of Congress.--It is the sense of Congress that-- + (1) an infectious disease pandemic known as COVID-19 + exists; + (2) to date, there is much still unknown about COVID-19, + but it is known that COVID-19 and related complications may be + fatal; + (3) services provided by public safety officers are + nonetheless essential during this pandemic; + (4) due to the COVID-19 pandemic and what is currently + known about how the disease is spread, public safety officers + are uncharacteristically at risk of contracting the disease; + and + (5) although the Public Safety Officers' Benefits program + currently covers deaths resulting from infectious disease + sustained by public safety officers in carrying out their + duties, the determination of claims may be uniquely challenging + or delayed given the lack of-- + (A) definitive testing and medical records at this + time; and + (B) a definitive uniform body of medical + information about how the disease is spread or its + effects. + (b) Purpose.--The purpose of this Act is to establish a carefully +drawn framework wherein claims under the Public Safety Officers' +Benefits program, arising under the unique circumstances described in +subsection (a), can be processed expeditiously and under fair and clear +standards. + +SEC. 3. PUBLIC SAFETY OFFICER BENEFITS. + + As determined by the Bureau of Justice Assistance, unless competent +medical evidence establishes that the death of a public safety officer +(as defined in section 1204 of title I of the Omnibus Crime Control and +Safe Streets Act of 1968 (34 U.S.C. 10284)) was directly and +proximately caused by something other than COVID-19, COVID-19 (or +complications therefrom) suffered by the public safety officer shall be +presumed to constitute a personal injury within the meaning of section +1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of +1968 (34 U.S.C. 10281(a)), sustained in the line of duty by the officer +and directly and proximately resulting in death, if-- + (1) the officer engaged in a line of duty action or + activity between January 1, 2020, and December 31, 2021; + (2) the officer was diagnosed with COVID-19 (or evidence + indicates that the officer had COVID-19) during the 45-day + period beginning on the last day of duty of the officer; and + (3) evidence indicates that the officer had COVID-19 (or + complications therefrom) at the time of the officer's death. + \ No newline at end of file From 1c6225d0433b4d663e3fb7ca8963a3f2bf883fa0 Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 939/984] Senate-3607: Engrossed in Senate --- bills_text/Senate-3607.txt | 78 ++++++++++++++++++++++---------------- 1 file changed, 46 insertions(+), 32 deletions(-) diff --git a/bills_text/Senate-3607.txt b/bills_text/Senate-3607.txt index 0ac092a..3bf9cdf 100644 --- a/bills_text/Senate-3607.txt +++ b/bills_text/Senate-3607.txt @@ -2,26 +2,9 @@ 2d Session S. 3607 - To extend public safety officer death benefits to public safety - officers whose death is caused by COVID-19, and for other purposes. - - -_______________________________________________________________________ - - - IN THE SENATE OF THE UNITED STATES - - May 5, 2020 - - Mr. Grassley (for himself, Mr. Booker, Mr. Cruz, Mrs. Feinstein, Mr. - Tillis, Mr. Coons, Mr. Daines, Mrs. Gillibrand, Mr. Scott of Florida, - Mr. Menendez, Mrs. Loeffler, Mr. Blumenthal, Mr. Moran, Mr. Schumer, - and Ms. Collins) introduced the following bill; which was read twice - and referred to the Committee on the Judiciary - _______________________________________________________________________ - A BILL + AN ACT @@ -51,9 +34,11 @@ SEC. 2. SENSE OF CONGRESS; PURPOSE. are uncharacteristically at risk of contracting the disease; and (5) although the Public Safety Officers' Benefits program - currently covers deaths resulting from infectious disease - sustained by public safety officers in carrying out their - duties, the determination of claims may be uniquely challenging + currently covers deaths and permanent and total disabilities + resulting from infectious disease sustained by public safety + officers in carrying out their duties, the determination of + claims involving personal injuries believed to have resulted + from COVID-19 or its complications may be uniquely challenging or delayed given the lack of-- (A) definitive testing and medical records at this time; and @@ -68,16 +53,17 @@ standards. SEC. 3. PUBLIC SAFETY OFFICER BENEFITS. - As determined by the Bureau of Justice Assistance, unless competent -medical evidence establishes that the death of a public safety officer -(as defined in section 1204 of title I of the Omnibus Crime Control and -Safe Streets Act of 1968 (34 U.S.C. 10284)) was directly and -proximately caused by something other than COVID-19, COVID-19 (or -complications therefrom) suffered by the public safety officer shall be -presumed to constitute a personal injury within the meaning of section -1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of -1968 (34 U.S.C. 10281(a)), sustained in the line of duty by the officer -and directly and proximately resulting in death, if-- + (a) Death Benefits.--As determined by the Bureau of Justice +Assistance, unless competent medical evidence establishes that the +death of a public safety officer (as defined in section 1204 of title I +of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. +10284)) was directly and proximately caused by something other than +COVID-19, COVID-19 (or complications therefrom) suffered by the public +safety officer shall be presumed to constitute a personal injury within +the meaning of section 1201(a) of title I of the Omnibus Crime Control +and Safe Streets Act of 1968 (34 U.S.C. 10281(a)), sustained in the +line of duty by the officer and directly and proximately resulting in +death, if-- (1) the officer engaged in a line of duty action or activity between January 1, 2020, and December 31, 2021; (2) the officer was diagnosed with COVID-19 (or evidence @@ -85,4 +71,32 @@ and directly and proximately resulting in death, if-- period beginning on the last day of duty of the officer; and (3) evidence indicates that the officer had COVID-19 (or complications therefrom) at the time of the officer's death. - \ No newline at end of file + (b) Disability Benefits.--As determined by the Bureau of Justice +Assistance, COVID-19 (or complications therefrom) suffered by a public +safety officer shall be presumed to constitute a personal injury within +the meaning of section 1201(b) of title I of the Omnibus Crime Control +and Safe Streets Act of 1968 (34 U.S.C. 10281(b)), sustained in the +line of duty by the officer, if-- + (1) the officer engaged in a line of duty action or + activity between January 1, 2020, and December 31, 2021; and + (2) the officer was diagnosed with COVID-19 (or evidence + indicates that the officer had COVID-19) during the 45-day + period beginning on the last day of duty of the officer. + + Passed the Senate May 14, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3607 + +_______________________________________________________________________ + + AN ACT + + To extend public safety officer death benefits to public safety + officers whose death is caused by COVID-19, and for other purposes. From a8d4ad48a0c41c56755d4b6f53edaa892419c54d Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 940/984] Senate-3607: Enrolled --- bills_text/Senate-3607.txt | 112 ++++++++++++++++--------------------- 1 file changed, 49 insertions(+), 63 deletions(-) diff --git a/bills_text/Senate-3607.txt b/bills_text/Senate-3607.txt index 3bf9cdf..1ca3cd0 100644 --- a/bills_text/Senate-3607.txt +++ b/bills_text/Senate-3607.txt @@ -1,58 +1,57 @@ -116th CONGRESS - 2d Session - S. 3607 + S.3607 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To extend public safety officer death benefits to public safety - officers whose death is caused by COVID-19, and for other purposes. +To extend public safety officer death benefits to public safety officers + whose death is caused by COVID-19, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Safeguarding America's First Responders Act of 2020''. - SEC. 2. SENSE OF CONGRESS; PURPOSE. - (a) Sense of Congress.--It is the sense of Congress that-- - (1) an infectious disease pandemic known as COVID-19 - exists; - (2) to date, there is much still unknown about COVID-19, - but it is known that COVID-19 and related complications may be - fatal; - (3) services provided by public safety officers are - nonetheless essential during this pandemic; - (4) due to the COVID-19 pandemic and what is currently - known about how the disease is spread, public safety officers - are uncharacteristically at risk of contracting the disease; + (1) an infectious disease pandemic known as COVID-19 exists; + (2) to date, there is much still unknown about COVID-19, but it + is known that COVID-19 and related complications may be fatal; + (3) services provided by public safety officers are nonetheless + essential during this pandemic; + (4) due to the COVID-19 pandemic and what is currently known + about how the disease is spread, public safety officers are + uncharacteristically at risk of contracting the disease; and + (5) although the Public Safety Officers' Benefits program + currently covers deaths and permanent and total disabilities + resulting from infectious disease sustained by public safety + officers in carrying out their duties, the determination of claims + involving personal injuries believed to have resulted from COVID-19 + or its complications may be uniquely challenging or delayed given + the lack of-- + (A) definitive testing and medical records at this time; and - (5) although the Public Safety Officers' Benefits program - currently covers deaths and permanent and total disabilities - resulting from infectious disease sustained by public safety - officers in carrying out their duties, the determination of - claims involving personal injuries believed to have resulted - from COVID-19 or its complications may be uniquely challenging - or delayed given the lack of-- - (A) definitive testing and medical records at this - time; and - (B) a definitive uniform body of medical - information about how the disease is spread or its - effects. + (B) a definitive uniform body of medical information about + how the disease is spread or its effects. (b) Purpose.--The purpose of this Act is to establish a carefully drawn framework wherein claims under the Public Safety Officers' Benefits program, arising under the unique circumstances described in subsection (a), can be processed expeditiously and under fair and clear standards. - SEC. 3. PUBLIC SAFETY OFFICER BENEFITS. - (a) Death Benefits.--As determined by the Bureau of Justice Assistance, unless competent medical evidence establishes that the death of a public safety officer (as defined in section 1204 of title I @@ -64,39 +63,26 @@ the meaning of section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)), sustained in the line of duty by the officer and directly and proximately resulting in death, if-- - (1) the officer engaged in a line of duty action or - activity between January 1, 2020, and December 31, 2021; - (2) the officer was diagnosed with COVID-19 (or evidence - indicates that the officer had COVID-19) during the 45-day - period beginning on the last day of duty of the officer; and - (3) evidence indicates that the officer had COVID-19 (or - complications therefrom) at the time of the officer's death. + (1) the officer engaged in a line of duty action or activity + between January 1, 2020, and December 31, 2021; + (2) the officer was diagnosed with COVID-19 (or evidence + indicates that the officer had COVID-19) during the 45-day period + beginning on the last day of duty of the officer; and + (3) evidence indicates that the officer had COVID-19 (or + complications therefrom) at the time of the officer's death. (b) Disability Benefits.--As determined by the Bureau of Justice Assistance, COVID-19 (or complications therefrom) suffered by a public safety officer shall be presumed to constitute a personal injury within the meaning of section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)), sustained in the line of duty by the officer, if-- - (1) the officer engaged in a line of duty action or - activity between January 1, 2020, and December 31, 2021; and - (2) the officer was diagnosed with COVID-19 (or evidence - indicates that the officer had COVID-19) during the 45-day - period beginning on the last day of duty of the officer. - - Passed the Senate May 14, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3607 - -_______________________________________________________________________ + (1) the officer engaged in a line of duty action or activity + between January 1, 2020, and December 31, 2021; and + (2) the officer was diagnosed with COVID-19 (or evidence + indicates that the officer had COVID-19) during the 45-day period + beginning on the last day of duty of the officer. - AN ACT + Speaker of the House of Representatives. - To extend public safety officer death benefits to public safety - officers whose death is caused by COVID-19, and for other purposes. + Vice President of the United States and + President of the Senate. From 8be7ec25bb095d290f46fe144b1c8bd3a5d424c4 Mon Sep 17 00:00:00 2001 From: "Sen. Tester, Jon [D-MT]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 941/984] Senate-3637: Introduced to Senate --- bills_text/Senate-3637.txt | 124 +++++++++++++++++++++++++++++++++++++ 1 file changed, 124 insertions(+) create mode 100644 bills_text/Senate-3637.txt diff --git a/bills_text/Senate-3637.txt b/bills_text/Senate-3637.txt new file mode 100644 index 0000000..45aafcc --- /dev/null +++ b/bills_text/Senate-3637.txt @@ -0,0 +1,124 @@ +116th CONGRESS + 2d Session + S. 3637 + + To amend the Servicemembers Civil Relief Act to extend lease + protections for servicemembers under stop movement orders in response + to a local, national, or global emergency, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 6, 2020 + +Mr. Tester (for himself, Mr. Moran, Mrs. Blackburn, Mr. Blumenthal, Mr. + Boozman, Mr. Brown, Mr. Cassidy, Mr. Cramer, Ms. Hirono, Mr. Rounds, + Mr. Sullivan, Mr. Tillis, Mr. Manchin, and Mrs. Loeffler) introduced +the following bill; which was read twice and referred to the Committee + on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + + To amend the Servicemembers Civil Relief Act to extend lease + protections for servicemembers under stop movement orders in response + to a local, national, or global emergency, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. EXTENSION OF LEASE PROTECTIONS FOR SERVICEMEMBERS UNDER STOP + MOVEMENT ORDERS IN RESPONSE TO LOCAL, NATIONAL, OR GLOBAL + EMERGENCY. + + (a) Termination.--Subsection (a)(1) of section 305 of the +Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended-- + (1) in subparagraph (A), by striking ``; or'' and inserting + a semicolon; + (2) in subparagraph (B), by striking the period at the end + and inserting ``; or''; and + (3) by adding at the end the following new subparagraph: + ``(C) the date of the lessee's stop movement order + described in paragraph (1)(C) or (2)(C) of subsection + (b), as the case may be.''. + (b) Covered Leases.-- + (1) Leases of premises.--Paragraph (1) of subsection (b) of + such section is amended-- + (A) in subparagraph (A), by striking ``; or'' and + inserting a semicolon; + (B) in subparagraph (B), by striking the period at + the end and inserting ``; or''; and + (C) by adding at the end the following new + subparagraph: + ``(C) the servicemember, while in military + service-- + ``(i) executes a lease upon receipt of + military orders for a permanent change of + station or to deploy with a military unit, or + as an individual in support of a military + operation, for a period of not less than 90 + days; and + ``(ii) thereafter receives a stop movement + order issued by the Secretary of Defense in + response to a local, national, or global + emergency, effective for an indefinite period + or for a period of not less than 30 days, which + prevents the servicemember or servicemember's + dependents from occupying the lease for a + residential, professional, business, + agricultural, or similar purpose.''. + (2) Leases of motor vehicles.--Paragraph (2) of such + subsection is amended-- + (A) in subparagraph (A), by striking ``; or'' and + inserting a semicolon; + (B) in subparagraph (B)(ii), by striking the period + at the end and inserting ``; or''; and + (C) by adding at the end the following new + subparagraph: + ``(C) the servicemember, while in military + service-- + ``(i) executes a lease upon receipt of + military orders described in subparagraph (B); + and + ``(ii) thereafter receives a stop movement + order issued by the Secretary of Defense in + response to a local, national, or global + emergency, effective for an indefinite period + or for a period of not less than 30 days, which + prevents the servicemember, or the + servicemember's dependents, from using the + vehicle for personal or business + transportation.''. + (c) Effective Date of Termination.--Paragraph (1) of subsection (d) +of such section is amended to read as follows: + ``(1) Lease of premises.-- + ``(A) Entrance to military service, permanent + change of station, or deployment.--In the case of a + lease described in subparagraph (A) or (B) of + subsection (b)(1) that provides for monthly payment of + rent, termination of the lease under subsection (a) is + effective 30 days after the first date on which the + next rental payment is due and payable after the date + on which the notice under subsection (c) is delivered. + In the case of any other lease described in + subparagraphs (A) and (B) of subsection (b)(1) + termination of the lease under subsection (a) is + effective on the last day of the month following the + month in which the notice is delivered. + ``(B) Stop movement orders.--In the case of a lease + described in subsection (b)(1)(C), termination of the + lease under subsection (a) is effective on the date on + which the requirements of subsection (c) are met for + such termination.''. + (d) Technical Correction.--Subsection (i) is amended, in the matter +before paragraph (1), by inserting ``In this section:'' after +``Definitions.--''. + (e) Retroactive Application.--The amendments made by this section +shall apply to stop movement orders issued on or after March 1, 2020. + \ No newline at end of file From da0da0ddd86a6b176efb22d1c88f89ee113b7ce0 Mon Sep 17 00:00:00 2001 From: "Sen. Tester, Jon [D-MT]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 942/984] Senate-3637: Engrossed in Senate --- bills_text/Senate-3637.txt | 40 +++++++++++++++++++------------------- 1 file changed, 20 insertions(+), 20 deletions(-) diff --git a/bills_text/Senate-3637.txt b/bills_text/Senate-3637.txt index 45aafcc..d814077 100644 --- a/bills_text/Senate-3637.txt +++ b/bills_text/Senate-3637.txt @@ -2,27 +2,9 @@ 2d Session S. 3637 - To amend the Servicemembers Civil Relief Act to extend lease - protections for servicemembers under stop movement orders in response - to a local, national, or global emergency, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - May 6, 2020 - -Mr. Tester (for himself, Mr. Moran, Mrs. Blackburn, Mr. Blumenthal, Mr. - Boozman, Mr. Brown, Mr. Cassidy, Mr. Cramer, Ms. Hirono, Mr. Rounds, - Mr. Sullivan, Mr. Tillis, Mr. Manchin, and Mrs. Loeffler) introduced -the following bill; which was read twice and referred to the Committee - on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -121,4 +103,22 @@ before paragraph (1), by inserting ``In this section:'' after ``Definitions.--''. (e) Retroactive Application.--The amendments made by this section shall apply to stop movement orders issued on or after March 1, 2020. - \ No newline at end of file + + Passed the Senate June 10, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3637 + +_______________________________________________________________________ + + AN ACT + + To amend the Servicemembers Civil Relief Act to extend lease + protections for servicemembers under stop movement orders in response + to a local, national, or global emergency, and for other purposes. From 038a9c7af46d513733867998c2814342757681f4 Mon Sep 17 00:00:00 2001 From: "Sen. Tester, Jon [D-MT]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 943/984] Senate-3637: Enrolled --- bills_text/Senate-3637.txt | 182 ++++++++++++++++--------------------- 1 file changed, 80 insertions(+), 102 deletions(-) diff --git a/bills_text/Senate-3637.txt b/bills_text/Senate-3637.txt index d814077..2b878e3 100644 --- a/bills_text/Senate-3637.txt +++ b/bills_text/Senate-3637.txt @@ -1,124 +1,102 @@ -116th CONGRESS - 2d Session - S. 3637 + S.3637 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To amend the Servicemembers Civil Relief Act to extend lease - protections for servicemembers under stop movement orders in response - to a local, national, or global emergency, and for other purposes. +To amend the Servicemembers Civil Relief Act to extend lease protections + for servicemembers under stop movement orders in response to a local, + national, or global emergency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. EXTENSION OF LEASE PROTECTIONS FOR SERVICEMEMBERS UNDER STOP - MOVEMENT ORDERS IN RESPONSE TO LOCAL, NATIONAL, OR GLOBAL - EMERGENCY. - +MOVEMENT ORDERS IN RESPONSE TO LOCAL, NATIONAL, OR GLOBAL EMERGENCY. (a) Termination.--Subsection (a)(1) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended-- - (1) in subparagraph (A), by striking ``; or'' and inserting + (1) in subparagraph (A), by striking ``; or'' and inserting a + semicolon; + (2) in subparagraph (B), by striking the period at the end and + inserting ``; or''; and + (3) by adding at the end the following new subparagraph: + ``(C) the date of the lessee's stop movement order + described in paragraph (1)(C) or (2)(C) of subsection (b), as + the case may be.''. + (b) Covered Leases.-- + (1) Leases of premises.--Paragraph (1) of subsection (b) of + such section is amended-- + (A) in subparagraph (A), by striking ``; or'' and inserting a semicolon; - (2) in subparagraph (B), by striking the period at the end + (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and - (3) by adding at the end the following new subparagraph: - ``(C) the date of the lessee's stop movement order - described in paragraph (1)(C) or (2)(C) of subsection - (b), as the case may be.''. - (b) Covered Leases.-- - (1) Leases of premises.--Paragraph (1) of subsection (b) of - such section is amended-- - (A) in subparagraph (A), by striking ``; or'' and - inserting a semicolon; - (B) in subparagraph (B), by striking the period at - the end and inserting ``; or''; and - (C) by adding at the end the following new - subparagraph: - ``(C) the servicemember, while in military - service-- - ``(i) executes a lease upon receipt of - military orders for a permanent change of - station or to deploy with a military unit, or - as an individual in support of a military - operation, for a period of not less than 90 - days; and - ``(ii) thereafter receives a stop movement - order issued by the Secretary of Defense in - response to a local, national, or global - emergency, effective for an indefinite period - or for a period of not less than 30 days, which - prevents the servicemember or servicemember's - dependents from occupying the lease for a - residential, professional, business, - agricultural, or similar purpose.''. - (2) Leases of motor vehicles.--Paragraph (2) of such - subsection is amended-- - (A) in subparagraph (A), by striking ``; or'' and - inserting a semicolon; - (B) in subparagraph (B)(ii), by striking the period - at the end and inserting ``; or''; and - (C) by adding at the end the following new - subparagraph: - ``(C) the servicemember, while in military - service-- - ``(i) executes a lease upon receipt of - military orders described in subparagraph (B); - and - ``(ii) thereafter receives a stop movement - order issued by the Secretary of Defense in - response to a local, national, or global - emergency, effective for an indefinite period - or for a period of not less than 30 days, which - prevents the servicemember, or the - servicemember's dependents, from using the - vehicle for personal or business - transportation.''. + (C) by adding at the end the following new subparagraph: + ``(C) the servicemember, while in military service-- + ``(i) executes a lease upon receipt of military orders + for a permanent change of station or to deploy with a + military unit, or as an individual in support of a military + operation, for a period of not less than 90 days; and + ``(ii) thereafter receives a stop movement order issued + by the Secretary of Defense in response to a local, + national, or global emergency, effective for an indefinite + period or for a period of not less than 30 days, which + prevents the servicemember or servicemember's dependents + from occupying the lease for a residential, professional, + business, agricultural, or similar purpose.''. + (2) Leases of motor vehicles.--Paragraph (2) of such subsection + is amended-- + (A) in subparagraph (A), by striking ``; or'' and inserting + a semicolon; + (B) in subparagraph (B)(ii), by striking the period at the + end and inserting ``; or''; and + (C) by adding at the end the following new subparagraph: + ``(C) the servicemember, while in military service-- + ``(i) executes a lease upon receipt of military orders + described in subparagraph (B); and + ``(ii) thereafter receives a stop movement order issued + by the Secretary of Defense in response to a local, + national, or global emergency, effective for an indefinite + period or for a period of not less than 30 days, which + prevents the servicemember, or the servicemember's + dependents, from using the vehicle for personal or business + transportation.''. (c) Effective Date of Termination.--Paragraph (1) of subsection (d) of such section is amended to read as follows: - ``(1) Lease of premises.-- - ``(A) Entrance to military service, permanent - change of station, or deployment.--In the case of a - lease described in subparagraph (A) or (B) of - subsection (b)(1) that provides for monthly payment of - rent, termination of the lease under subsection (a) is - effective 30 days after the first date on which the - next rental payment is due and payable after the date - on which the notice under subsection (c) is delivered. - In the case of any other lease described in - subparagraphs (A) and (B) of subsection (b)(1) - termination of the lease under subsection (a) is - effective on the last day of the month following the - month in which the notice is delivered. - ``(B) Stop movement orders.--In the case of a lease - described in subsection (b)(1)(C), termination of the - lease under subsection (a) is effective on the date on - which the requirements of subsection (c) are met for - such termination.''. + ``(1) Lease of premises.-- + ``(A) Entrance to military service, permanent change of + station, or deployment.--In the case of a lease described in + subparagraph (A) or (B) of subsection (b)(1) that provides for + monthly payment of rent, termination of the lease under + subsection (a) is effective 30 days after the first date on + which the next rental payment is due and payable after the date + on which the notice under subsection (c) is delivered. In the + case of any other lease described in subparagraphs (A) and (B) + of subsection (b)(1) termination of the lease under subsection + (a) is effective on the last day of the month following the + month in which the notice is delivered. + ``(B) Stop movement orders.--In the case of a lease + described in subsection (b)(1)(C), termination of the lease + under subsection (a) is effective on the date on which the + requirements of subsection (c) are met for such termination.''. (d) Technical Correction.--Subsection (i) is amended, in the matter before paragraph (1), by inserting ``In this section:'' after ``Definitions.--''. (e) Retroactive Application.--The amendments made by this section shall apply to stop movement orders issued on or after March 1, 2020. - Passed the Senate June 10, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3637 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To amend the Servicemembers Civil Relief Act to extend lease - protections for servicemembers under stop movement orders in response - to a local, national, or global emergency, and for other purposes. + Vice President of the United States and + President of the Senate. From 070ce6d13571564c8d10a7fa6dafdccd90d6f5f2 Mon Sep 17 00:00:00 2001 From: "Sen. Collins, Susan M. [R-ME]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 944/984] Senate-3703: Introduced to Senate --- bills_text/Senate-3703.txt | 107 +++++++++++++++++++++++++++++++++++++ 1 file changed, 107 insertions(+) create mode 100644 bills_text/Senate-3703.txt diff --git a/bills_text/Senate-3703.txt b/bills_text/Senate-3703.txt new file mode 100644 index 0000000..0f99a90 --- /dev/null +++ b/bills_text/Senate-3703.txt @@ -0,0 +1,107 @@ +116th CONGRESS + 2d Session + S. 3703 + +To amend the Elder Abuse Prevention and Prosecution Act to improve the + prevention of elder abuse and exploitation of individuals with + Alzheimer's disease and related dementias. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 12, 2020 + + Ms. Collins (for herself, Mr. Menendez, and Mr. Grassley) introduced +the following bill; which was read twice and referred to the Committee + on the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To amend the Elder Abuse Prevention and Prosecution Act to improve the + prevention of elder abuse and exploitation of individuals with + Alzheimer's disease and related dementias. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Promoting Alzheimer's Awareness to +Prevent Elder Abuse Act''. + +SEC. 2. ADDRESSING ALZHEIMER'S DISEASE IN BEST PRACTICES. + + (a) In General.--Section 101(b) of the Elder Abuse Prevention and +Prosecution Act (34 U.S.C. 21711(b)) is amended-- + (1) by redesignating subparagraphs (A), (B), and (C) of + paragraph (2) as clauses (i), (ii), and (iii), respectively, + and adjusting the margin accordingly; + (2) by redesignating paragraphs (1), (2), and (3) as + subparagraphs (A), (B), and (C), respectively, and adjusting + the margin accordingly; + (3) by striking ``Not later than'' and inserting the + following: + ``(1) In general.--Not later than''; + (4) in paragraph (1)(B), as so redesignated-- + (A) in clause (ii), by inserting ``, including + witnesses who have Alzheimer's disease and related + dementias'' after ``other legal issues''; and + (B) in clause (iii), by striking ``elder abuse + cases,'' and inserting ``elder abuse cases (including + victims and witnesses who have Alzheimer's disease and + related dementias),''; and + (5) by adding at the end the following: + ``(2) Training materials.-- + ``(A) In general.--In creating or compiling + replication guides and training materials under + paragraph (1)(B), the Elder Justice Coordinator shall + consult with the Secretary of Health and Human + Services, State, local, and Tribal adult protective + services, aging, social, and human services agencies, + Federal, State, local, and Tribal law enforcement + agencies, and nationally recognized nonprofit + associations with relevant expertise, as appropriate. + ``(B) Updating.--The Elder Justice Coordinator + shall-- + ``(i) review the best practices identified + and replication guides and training materials + created or compiled under paragraph (1)(B) to + determine if the replication guides or training + materials require updating; and + ``(ii) perform any necessary updating of + the replication guides or training + materials.''. + (b) Applicability.--The amendments made by subsection (a) shall-- + (1) take effect on the date of enactment of this Act; and + (2) apply on and after the date that is 1 year after the + date of enactment of this Act. + +SEC. 3. REPORT ON OUTREACH. + + (a) In General.--Section 101(c)(2) of the Elder Abuse Prevention +and Prosecution Act (34 U.S.C. 21711(c)(2)) is amended-- + (1) by redesignating subparagraphs (A) through (D) as + clauses (i) through (iv), respectively, and adjusting the + margin accordingly; + (2) by striking ``a report detailing'' and inserting the + following: ``a report-- + ``(A) detailing''; and + (3) by adding at the end the following: + ``(B) with respect to the report by the Attorney + General, including a link to the publicly available + best practices identified under subsection (b)(1)(B) + and the replication guides and training materials + created or compiled under such subsection.''. + (b) Applicability.--The amendments made by subsection (a) shall +apply with respect to the report under section 101(c)(2) of the Elder +Abuse Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) submitted +during the second year beginning after the date of enactment of this +Act, and each year thereafter. + \ No newline at end of file From b37373f9ff64cd94b90d45dbf839d61ec9f10d1a Mon Sep 17 00:00:00 2001 From: "Sen. Collins, Susan M. [R-ME]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 945/984] Senate-3703: Engrossed in Senate --- bills_text/Senate-3703.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-3703.txt b/bills_text/Senate-3703.txt index 0f99a90..49c2de8 100644 --- a/bills_text/Senate-3703.txt +++ b/bills_text/Senate-3703.txt @@ -2,25 +2,9 @@ 2d Session S. 3703 -To amend the Elder Abuse Prevention and Prosecution Act to improve the - prevention of elder abuse and exploitation of individuals with - Alzheimer's disease and related dementias. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - May 12, 2020 - - Ms. Collins (for herself, Mr. Menendez, and Mr. Grassley) introduced -the following bill; which was read twice and referred to the Committee - on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -104,4 +88,22 @@ apply with respect to the report under section 101(c)(2) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) submitted during the second year beginning after the date of enactment of this Act, and each year thereafter. - \ No newline at end of file + + Passed the Senate August 6, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3703 + +_______________________________________________________________________ + + AN ACT + +To amend the Elder Abuse Prevention and Prosecution Act to improve the + prevention of elder abuse and exploitation of individuals with + Alzheimer's disease and related dementias. From 54fd01818025ebe5234cffea011ccc52fcf55cff Mon Sep 17 00:00:00 2001 From: "Sen. Collins, Susan M. [R-ME]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 946/984] Senate-3703: Enrolled --- bills_text/Senate-3703.txt | 150 +++++++++++++++++-------------------- 1 file changed, 67 insertions(+), 83 deletions(-) diff --git a/bills_text/Senate-3703.txt b/bills_text/Senate-3703.txt index 49c2de8..ea49aff 100644 --- a/bills_text/Senate-3703.txt +++ b/bills_text/Senate-3703.txt @@ -1,109 +1,93 @@ -116th CONGRESS - 2d Session - S. 3703 + S.3703 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To amend the Elder Abuse Prevention and Prosecution Act to improve the - prevention of elder abuse and exploitation of individuals with + To amend the Elder Abuse Prevention and Prosecution Act to improve the + prevention of elder abuse and exploitation of individuals with Alzheimer's disease and related dementias. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Promoting Alzheimer's Awareness to Prevent Elder Abuse Act''. - SEC. 2. ADDRESSING ALZHEIMER'S DISEASE IN BEST PRACTICES. - (a) In General.--Section 101(b) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(b)) is amended-- - (1) by redesignating subparagraphs (A), (B), and (C) of - paragraph (2) as clauses (i), (ii), and (iii), respectively, - and adjusting the margin accordingly; - (2) by redesignating paragraphs (1), (2), and (3) as - subparagraphs (A), (B), and (C), respectively, and adjusting - the margin accordingly; - (3) by striking ``Not later than'' and inserting the - following: - ``(1) In general.--Not later than''; - (4) in paragraph (1)(B), as so redesignated-- - (A) in clause (ii), by inserting ``, including - witnesses who have Alzheimer's disease and related - dementias'' after ``other legal issues''; and - (B) in clause (iii), by striking ``elder abuse - cases,'' and inserting ``elder abuse cases (including - victims and witnesses who have Alzheimer's disease and - related dementias),''; and - (5) by adding at the end the following: - ``(2) Training materials.-- - ``(A) In general.--In creating or compiling - replication guides and training materials under - paragraph (1)(B), the Elder Justice Coordinator shall - consult with the Secretary of Health and Human - Services, State, local, and Tribal adult protective - services, aging, social, and human services agencies, - Federal, State, local, and Tribal law enforcement - agencies, and nationally recognized nonprofit - associations with relevant expertise, as appropriate. - ``(B) Updating.--The Elder Justice Coordinator - shall-- - ``(i) review the best practices identified - and replication guides and training materials - created or compiled under paragraph (1)(B) to - determine if the replication guides or training - materials require updating; and - ``(ii) perform any necessary updating of - the replication guides or training - materials.''. + (1) by redesignating subparagraphs (A), (B), and (C) of + paragraph (2) as clauses (i), (ii), and (iii), respectively, and + adjusting the margin accordingly; + (2) by redesignating paragraphs (1), (2), and (3) as + subparagraphs (A), (B), and (C), respectively, and adjusting the + margin accordingly; + (3) by striking ``Not later than'' and inserting the following: + ``(1) In general.--Not later than''; + (4) in paragraph (1)(B), as so redesignated-- + (A) in clause (ii), by inserting ``, including witnesses + who have Alzheimer's disease and related dementias'' after + ``other legal issues''; and + (B) in clause (iii), by striking ``elder abuse cases,'' and + inserting ``elder abuse cases (including victims and witnesses + who have Alzheimer's disease and related dementias),''; and + (5) by adding at the end the following: + ``(2) Training materials.-- + ``(A) In general.--In creating or compiling replication + guides and training materials under paragraph (1)(B), the Elder + Justice Coordinator shall consult with the Secretary of Health + and Human Services, State, local, and Tribal adult protective + services, aging, social, and human services agencies, Federal, + State, local, and Tribal law enforcement agencies, and + nationally recognized nonprofit associations with relevant + expertise, as appropriate. + ``(B) Updating.--The Elder Justice Coordinator shall-- + ``(i) review the best practices identified and + replication guides and training materials created or + compiled under paragraph (1)(B) to determine if the + replication guides or training materials require updating; + and + ``(ii) perform any necessary updating of the + replication guides or training materials.''. (b) Applicability.--The amendments made by subsection (a) shall-- - (1) take effect on the date of enactment of this Act; and - (2) apply on and after the date that is 1 year after the - date of enactment of this Act. - + (1) take effect on the date of enactment of this Act; and + (2) apply on and after the date that is 1 year after the date + of enactment of this Act. SEC. 3. REPORT ON OUTREACH. - (a) In General.--Section 101(c)(2) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) is amended-- - (1) by redesignating subparagraphs (A) through (D) as - clauses (i) through (iv), respectively, and adjusting the - margin accordingly; - (2) by striking ``a report detailing'' and inserting the - following: ``a report-- - ``(A) detailing''; and - (3) by adding at the end the following: - ``(B) with respect to the report by the Attorney - General, including a link to the publicly available - best practices identified under subsection (b)(1)(B) - and the replication guides and training materials - created or compiled under such subsection.''. + (1) by redesignating subparagraphs (A) through (D) as clauses + (i) through (iv), respectively, and adjusting the margin + accordingly; + (2) by striking ``a report detailing'' and inserting the + following: ``a report-- + ``(A) detailing''; and + (3) by adding at the end the following: + ``(B) with respect to the report by the Attorney General, + including a link to the publicly available best practices + identified under subsection (b)(1)(B) and the replication + guides and training materials created or compiled under such + subsection.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to the report under section 101(c)(2) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) submitted during the second year beginning after the date of enactment of this Act, and each year thereafter. - Passed the Senate August 6, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - S. 3703 - -_______________________________________________________________________ - - AN ACT - -To amend the Elder Abuse Prevention and Prosecution Act to improve the - prevention of elder abuse and exploitation of individuals with - Alzheimer's disease and related dementias. + Vice President of the United States and + President of the Senate. From ad47527340369fd8499007de49eee674956cc6ba Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 947/984] Senate-3744: Engrossed in Senate --- bills_text/Senate-3744.txt | 531 +++++++++++++++++++++++++++++++++++++ 1 file changed, 531 insertions(+) create mode 100644 bills_text/Senate-3744.txt diff --git a/bills_text/Senate-3744.txt b/bills_text/Senate-3744.txt new file mode 100644 index 0000000..c2d82ce --- /dev/null +++ b/bills_text/Senate-3744.txt @@ -0,0 +1,531 @@ +116th CONGRESS + 2d Session + S. 3744 + +_______________________________________________________________________ + + AN ACT + + + + To condemn gross human rights violations of ethnic Turkic Muslims in + Xinjiang, and calling for an end to arbitrary detention, torture, and + harassment of these communities inside and outside China. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) Short Title.--This Act may be cited as the ``Uyghur Human +Rights Policy Act of 2020''. + (b) Table of Contents.--The table of contents for this Act is as +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Statement of purpose. +Sec. 3. Findings. +Sec. 4. Sense of Congress. +Sec. 5. Updating statement of United States policy toward the People's + Republic of China. +Sec. 6. Imposition of sanctions. +Sec. 7. Report on human rights abuses in Xinjiang Uyghur Autonomous + Region. +Sec. 8. Report on protecting citizens and residents of the United + States from intimidation and coercion. +Sec. 9. Report on security and economic implications of repression in + Xinjiang Uyghur Autonomous Region by the + Government of the People's Republic of + China. +Sec. 10. Classified report. + +SEC. 2. STATEMENT OF PURPOSE. + + The purpose of this Act is to direct United States resources to +address human rights violations and abuses, including gross violations +of human rights, by the Government of the People's Republic of China +through the mass surveillance and internment of over 1,000,000 Uyghurs, +ethnic Kazakhs, Kyrgyz, and members of other Muslim minority groups in +Xinjiang Uyghur Autonomous Region. + +SEC. 3. FINDINGS. + + Congress makes the following findings: + (1) The Government of the People's Republic of China has a + long history of repressing Turkic Muslims and other Muslim + minority groups, particularly Uyghurs, in Xinjiang Uyghur + Autonomous Region. In recent decades, central and regional + Chinese government policies have systematically discriminated + against these minority groups by denying them a range of civil + and political rights, including the freedom of expression, + religion, and movement, and the right to a fair trial. + (2) In May 2014, the Government of the People's Republic of + China launched its latest ``Strike Hard Against Violent + Extremism'' campaign, using wide-scale, internationally-linked + threats of terrorism as a pretext to justify pervasive + restrictions on and serious human rights violations of members + of ethnic minority communities in Xinjiang Uyghur Autonomous + Region. The August 2016 appointment of former Tibet Autonomous + Region Party Secretary Chen Quanguo to be Party Secretary of + Xinjiang Uyghur Autonomous Region accelerated the crackdown + across the region. Scholars, human rights organizations, + journalists, and think tanks have provided ample evidence + substantiating the establishment by the Government of the + People's Republic of China of internment camps. Since 2014, the + Government of the People's Republic of China has detained more + than 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of + other Muslim minority groups in these camps. The total ethnic + minority population of Xinjiang Uyghur Autonomous Region was + approximately 13,000,000 at the time of the last census + conducted by the People's Republic of China in 2010. + (3) The Government of the People's Republic of China's + actions against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of + other Muslim minority groups in Xinjiang Uyghur Autonomous + Region violate international human rights laws and norms, + including-- + (A) the International Convention on the Elimination + of All Forms of Racial Discrimination, to which the + People's Republic of China has acceded; + (B) the Convention against Torture and Other Cruel, + Inhuman or Degrading Treatment or Punishment, which the + People's Republic of China has signed and ratified; + (C) the International Covenant on Civil and + Political Rights, which the People's Republic of China + has signed; and + (D) the Universal Declaration of Human Rights. + (4) Senior Chinese Communist Party officials, including + current Xinjiang Uyghur Autonomous Region Party Secretary Chen + Quanguo, who executes Chinese government policy in the region, + and former Xinjiang Uyghur Autonomous Region Deputy Party + Secretary Zhu Hailun, who crafted many of the policies + implemented in the region, bear direct responsibility for gross + human rights violations committed against Uyghurs, ethnic + Kazakhs, Kyrgyz, and members of other Muslim minority groups. + These abuses include the arbitrary detention of more than + 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other + Muslim minority groups, separation of working age adults from + children and the elderly, and the integration of forced labor + into supply chains. + (5) Those detained in internment camps in Xinjiang Uyghur + Autonomous Region have described forced political + indoctrination, torture, beatings, food deprivation, and denial + of religious, cultural, and linguistic freedoms. These victims + have confirmed that they were told by guards that the only way + to secure their release was to demonstrate sufficient political + loyalty. Poor conditions and lack of medical treatment at such + facilities appear to have contributed to the deaths of some + detainees, including the elderly and infirm. + (6) Uyghurs and ethnic Kazakhs who have obtained permanent + residence or citizenship in other countries report being + subjected to threats and harassment from Chinese officials. At + least 5 journalists for Radio Free Asia's Uyghur service have + publicly detailed abuses their family members in Xinjiang + Uyghur Autonomous Region have endured in response to their work + exposing the Government of the People's Republic of China's + abusive policies. + (7) In September 2018, United Nations High Commissioner for + Human Rights Michelle Bachelet noted in her first speech as + High Commissioner the ``deeply disturbing allegations of large- + scale arbitrary detentions of Uighurs and other Muslim + communities, in so-called reeducation camps across Xinjiang''. + (8) In 2019, the Congressional-Executive Commission on + China concluded that, based on available evidence, the + establishment and actions committed in the internment camps in + Xinjiang Uyghur Autonomous Region may constitute ``crimes + against humanity''. + (9) On December 31, 2018, President Donald J. Trump signed + into law the Asia Reassurance Initiative Act of 2018 (Public + Law 115-409), which-- + (A) condemns the People's Republic of China's + ``forced disappearances, extralegal detentions, + invasive and omnipresent surveillance, and lack of due + process in judicial proceedings''; + (B) authorizes funding to promote democracy, human + rights, and the rule of law in the People's Republic of + China; and + (C) supports sanctions designations against any + entity or individual that-- + (i) violates human rights or religious + freedoms; or + (ii) engages in censorship activities. + +SEC. 4. SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) the President should-- + (A) condemn abuses against Uyghurs, ethnic Kazakhs, + Kyrgyz, members of other Muslim minority groups, and + other persons by authorities of the People's Republic + of China; and + (B) call on such authorities to immediately-- + (i) close the internment camps; + (ii) lift all restrictions on, and ensure + respect for, human rights; and + (iii) allow people inside the People's + Republic of China to reestablish contact with + their loved ones, friends, and associates + outside the People's Republic of China; + (2) the Secretary of State should consider strategically + employing sanctions and other tools under the International + Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.), + including measures resulting from the designation of the + People's Republic of China as a country of particular concern + for religious freedom under section 402(b)(1)(A)(ii) of such + Act (22 U.S.C. 6442(b)(1)(A)(ii)), that directly address + particularly severe violations of religious freedom; + (3) the Secretary of State should-- + (A) work with United States allies and partners and + through multilateral institutions to condemn the mass + arbitrary detention of Uyghurs, ethnic Kazakhs, Kyrgyz, + and members of other Muslim minority groups in Xinjiang + Uyghur Autonomous Region; and + (B) coordinate closely with the international + community on targeted sanctions and visa restrictions; + (4) the journalists of the Uyghur language service of Radio + Free Asia should be commended for their reporting on the human + rights and political situation in Xinjiang Uyghur Autonomous + Region despite efforts by the Government of the People's + Republic of China to silence or intimidate their reporting + through the detention of family members and relatives in China; + (5) the United States should expand the availability of and + capacity for Uyghur language programming on Radio Free Asia in + Xinjiang Uyghur Autonomous Region; + (6) the Federal Bureau of Investigation and appropriate + United States law enforcement agencies should take steps to + hold accountable officials from the People's Republic of China + or individuals acting on their behalf who harass, threaten, or + intimidate persons within the United States; and + (7) United States companies and individuals selling goods + or services or otherwise operating in Xinjiang Uyghur + Autonomous Region should take steps, including in any public or + financial filings, to ensure that-- + (A) their commercial activities are not + contributing to human rights violations in Xinjiang + Uyghur Autonomous Region or elsewhere in China; and + (B) their supply chains are not compromised by + forced labor. + +SEC. 5. UPDATING STATEMENT OF UNITED STATES POLICY TOWARD THE PEOPLE'S + REPUBLIC OF CHINA. + + Section 901(b) of the Foreign Relations Authorization Act, Fiscal +Years 1990 and 1991 (Public Law 101-246; 104 Stat. 84) is amended-- + (1) by redesignating paragraphs (7), (8), and (9) as + paragraphs (8), (9), and (10), respectively; and + (2) by inserting after paragraph (6) the following: + ``(7) United States policy toward the People's Republic of + China should be explicitly linked to the situation in Xinjiang + Uyghur Autonomous Region, specifically as to whether-- + ``(A) the internment of Uyghurs, ethnic Kazakhs, + Kyrgyz, and members of other Muslim minority groups in + internment camps has ended; + ``(B) all political prisoners are released; + ``(C) the use of mass surveillance and predictive + policing to discriminate against and violate the human + rights of members of specific ethnic groups has ceased + and is not evident in other parts of China; and + ``(D) the Government of the People's Republic of + China has ended particularly severe restrictions of + religious and cultural practice in Xinjiang Uyghur + Autonomous Region;''. + +SEC. 6. IMPOSITION OF SANCTIONS. + + (a) Report Required.-- + (1) In general.--Not later than 180 days after the date of + the enactment of this Act, and not less frequently than + annually thereafter, the President shall submit a report to the + Committee on Foreign Relations of the Senate, the Committee on + Banking, Housing, and Urban Affairs of the Senate, the + Committee on Foreign Affairs of the House of Representatives, + and the Committee on Financial Services of the House of + Representatives that identifies each foreign person, including + any official of the Government of the People's Republic of + China, that the President determines is responsible for any of + the following with respect to Uyghurs, ethnic Kazakhs, Kyrgyz, + members of other Muslim minority groups, or other persons in + Xinjiang Uyghur Autonomous Region: + (A) Torture. + (B) Cruel, inhuman, or degrading treatment or + punishment. + (C) Prolonged detention without charges and trial. + (D) Causing the disappearance of persons by the + abduction and clandestine detention of those persons. + (E) Other flagrant denial of the right to life, + liberty, or the security of persons. + (2) Form.--The report required under paragraph (1) shall be + submitted in unclassified form, but may contain a classified + annex. + (b) Imposition of Sanctions.--The President shall impose the +sanctions described in subsection (c) with respect to each foreign +person identified in the report required under subsection (a)(1). + (c) Sanctions Described.--The sanctions described in this +subsection are the following: + (1) Asset blocking.--The President shall exercise all of + the powers granted to the President under the International + Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the + extent necessary to block and prohibit all transactions in + property and interests in property of a foreign person + identified in the report required under subsection (a)(1) if + such property and interests in property-- + (A) are in the United States; + (B) come within the United States; or + (C) come within the possession or control of a + United States person. + (2) Ineligibility for visas, admission, or parole.-- + (A) Visas, admission, or parole.--An alien + described in subsection (a)(1) is-- + (i) inadmissible to the United States; + (ii) ineligible to receive a visa or other + documentation to enter the United States; and + (iii) otherwise ineligible to be admitted + or paroled into the United States or to receive + any other benefit under the Immigration and + Nationality Act (8 U.S.C. 1101 et seq.). + (B) Current visas revoked.-- + (i) In general.--An alien described in + subsection (a)(1) is subject to revocation of + any visa or other entry documentation + regardless of when the visa or other entry + documentation is or was issued. + (ii) Immediate effect.--A revocation under + clause (i) shall-- + (I) take effect immediately; and + (II) cancel any other valid visa or + entry documentation that is in the + alien's possession. + (3) Penalties.--The penalties provided for in subsections + (b) and (c) of section 206 of the International Emergency + Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign + person that violates, attempts to violate, conspires to + violate, or causes a violation of paragraph (1) to the same + extent that such penalties apply to a person that commits an + unlawful act described in subsection (a) of such section 206. + (d) 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. + (e) Waiver.--The President may waive the application of sanctions +under this section with respect to a person identified in the report +required under subsection (a)(1) if the President determines and +certifies to the Committee on Foreign Relations of the Senate, the +Committee on Banking, Housing, and Urban Affairs of the Senate, the +Committee on Foreign Affairs of the House of Representatives, and the +Committee on Financial Services of the House of Representatives that +such a waiver is in the national interest of the United States. + (f) Exceptions.-- + (1) Exception for intelligence activities.--Sanctions under + this section shall not apply to any activity subject to the + reporting requirements under title V of the National Security + Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized + intelligence activities of the United States. + (2) Exception to comply with international obligations and + for law enforcement activities.--Sanctions under subsection + (c)(2) shall not apply with respect to an alien if admitting or + paroling the alien into the United States is necessary-- + (A) to permit the United States to comply with the + Agreement regarding the Headquarters of the United + Nations, signed at Lake Success June 26, 1947, and + entered into force November 21, 1947, between the + United Nations and the United States, or other + applicable international obligations; or + (B) to carry out or assist law enforcement activity + in the United States. + (3) Exception relating to importation of goods.-- + (A) In general.--The authorities and requirements + to impose sanctions authorized under this section shall + not include the authority or a requirement to impose + sanctions on the importation of goods. + (B) Good defined.--In this paragraph, the term + ``good'' means any article, natural or manmade + substance, material, supply, or manufactured product, + including inspection and test equipment, and excluding + technical data. + (g) Termination of Sanctions.--The President may terminate the +application of sanctions under this section with respect to a person if +the President determines and reports to the Committee on Foreign +Relations of the Senate, the Committee on Banking, Housing, and Urban +Affairs of the Senate, the Committee on Foreign Affairs of the House of +Representatives, and the Committee on Financial Services of the House +of Representatives not later than 15 days before the termination takes +effect that-- + (1) information exists that the person did not engage in + the activity for which sanctions were imposed; + (2) the person has been prosecuted appropriately for the + activity for which sanctions were imposed; + (3) the person has credibly demonstrated a significant + change in behavior, has paid an appropriate consequence for the + activity for which sanctions were imposed, and has credibly + committed to not engage in an activity described in subsection + (a)(1) in the future; or + (4) the termination of the sanctions is in the national + security interests of the United States. + (h) Sunset.--This section, and any sanctions imposed under this +section, shall terminate on the date that is 5 years after the date of +the enactment of this Act. + (i) Definitions.--In this section: + (1) Admission; admitted; alien.--The terms ``admission'', + ``admitted'', and ``alien'' have the meanings given those terms + in section 101 of the Immigration and Nationality Act (8 U.S.C. + 1101). + (2) Foreign person.--The term ``foreign person'' means a + person that is not a United States person. + (3) 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 any jurisdiction within the United + States, including a foreign branch of such an entity. + +SEC. 7. REPORT ON HUMAN RIGHTS ABUSES IN XINJIANG UYGHUR AUTONOMOUS + REGION. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of State, in consultation with the +heads of other relevant Federal departments and agencies and civil +society organizations, shall-- + (1) submit a report on human rights abuses in Xinjiang + Uyghur Autonomous Region to the Committee on Foreign Relations + of the Senate and the Committee on Foreign Affairs of the House + of Representatives; and + (2) make the report described in paragraph (1) available on + the website of the Department of State. + (b) Matters To Be Included.--The report required under subsection +(a) shall include-- + (1) an assessment of the number of individuals detained in + internment camps in Xinjiang Uyghur Autonomous Region; + (2) a description of the conditions in such camps for + detainees, including, to the extent practicable, an assessment + of-- + (A) methods of torture; + (B) efforts to force individuals to renounce their + faith; and + (C) other serious human rights abuses; + (3) to the extent practicable, an assessment of the number + of individuals in the region in forced labor camps; + (4) a description of the methods used by People's Republic + of China authorities to ``reeducate'' detainees in internment + camps, including a list of government agencies of the People's + Republic of China in charge of such reeducation; + (5) an assessment of the use and nature of forced labor in + and related to the detention of Turkic Muslims in Xinjiang + Uyghur Autonomous Region, including a description of foreign + companies and industries directly benefitting from such labor; + (6) an assessment of the level of access to Xinjiang Uyghur + Autonomous Region granted by the Government of the People's + Republic of China to foreign diplomats and consular agents, + independent journalists, and representatives of nongovernmental + organizations; + (7) an assessment of the mass surveillance, predictive + policing, and other methods used by the Government of the + People's Republic of China to violate the human rights of + persons in Xinjiang Uyghur Autonomous Region; + (8) a description of the frequency with which foreign + governments are forcibly returning Uyghurs, ethnic Kazakhs, + Kyrgyz, and other refugees and asylum seekers to the People's + Republic of China; + (9) a description, as appropriate, of United States + diplomatic efforts with allies and other nations-- + (A) to address the gross violations of human rights + in Xinjiang Uyghur Autonomous Region; and + (B) to protect asylum seekers from the region; and + (10) the identification of the offices within the + Department of State that are responsible for leading and + coordinating the diplomatic efforts referred to in paragraph + (9). + +SEC. 8. REPORT ON PROTECTING CITIZENS AND RESIDENTS OF THE UNITED + STATES FROM INTIMIDATION AND COERCION. + + Not later than 90 days after the date of the enactment of this Act, +the Director of the Federal Bureau of Investigation, in consultation +with the Secretary of State, shall submit a report to the Committee on +Foreign Relations of the Senate, the Committee on the Judiciary of the +Senate, the Select Committee on Intelligence of the Senate, the +Committee on Foreign Affairs of the House of Representatives, the +Committee on the Judiciary of the House of Representatives, and the +Permanent Select Committee on Intelligence of the House of +Representatives that outlines all of the efforts to protect United +States citizens and residents, including ethnic Uyghurs and Chinese +nationals legally studying or working temporarily in the United States, +who have experienced harassment or intimidation within the United +States by officials or agents of the Government of the People's +Republic of China. + +SEC. 9. REPORT ON SECURITY AND ECONOMIC IMPLICATIONS OF REPRESSION IN + XINJIANG UYGHUR AUTONOMOUS REGION BY THE GOVERNMENT OF + THE PEOPLE'S REPUBLIC OF CHINA. + + (a) In General.--Not later than 180 days after the date of the +enactment of this Act, the Director of National Intelligence, in +coordination with the Secretary of State, shall submit a report to the +Committee on Foreign Relations of the Senate, the Select Committee on +Intelligence of the Senate, the Committee on Foreign Affairs of the +House of Representatives, and the Permanent Select Committee on +Intelligence of the House of Representatives on the matters described +in subsection (b). + (b) Matters to Be Included.-- The report required under subsection +(a) shall include-- + (1) an assessment of the national and regional security + threats posed to the United States by the policies of the + Government of the People's Republic of China in Xinjiang Uyghur + Autonomous Region; + (2) a description of-- + (A) the acquisition or development of technology by + the Government of the People's Republic of China to + facilitate internment and mass surveillance in Xinjiang + Uyghur Autonomous Region, including technology related + to predictive policing and large-scale data collection + and analysis; and + (B) the threats that the acquisition, development, + and use of such technologies pose to the United States; + (3) a list of Chinese companies that are involved in-- + (A) constructing or operating the internment camps + in Xinjiang Uyghur Autonomous Region; or + (B) providing or operating mass surveillance + technology in Xinjiang Uyghur Autonomous Region; and + (4) a description of the role of the Xinjiang Production + and Construction Corps in internment and forced labor in + Xinjiang Uyghur Autonomous Region. + (c) Form of Report.--The report required under subsection (a) shall +be submitted in an unclassified form, but may contain a classified +annex. + +SEC. 10. CLASSIFIED REPORT. + + The Director of National Intelligence, in consultation with such +elements of the Intelligence Community as the Director deems +appropriate, shall submit a classified report to the Select Committee +on Intelligence of the Senate and the Permanent Select Committee on +Intelligence of the House of Representatives that assesses the ability +of the United States Government to collect and analyze intelligence +regarding-- + (1) the scope and scale of the detention and forced labor + of Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim + minority groups in the People's Republic of China; + (2) the gross violations of human rights perpetrated inside + the internment camps in Xinjiang Uyghur Autonomous Region; and + (3) other policies of the Government of the People's + Republic of China in Xinjiang Uyghur Autonomous Region that + constitute gross violations of human rights. + + Passed the Senate May 14, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3744 + +_______________________________________________________________________ + + AN ACT + + To condemn gross human rights violations of ethnic Turkic Muslims in + Xinjiang, and calling for an end to arbitrary detention, torture, and + harassment of these communities inside and outside China. From 79c572f08fed9632c43aeb7f90e7594c7d157bc3 Mon Sep 17 00:00:00 2001 From: "Sen. Rubio, Marco [R-FL]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 948/984] Senate-3744: Enrolled --- bills_text/Senate-3744.txt | 789 +++++++++++++++++-------------------- 1 file changed, 371 insertions(+), 418 deletions(-) diff --git a/bills_text/Senate-3744.txt b/bills_text/Senate-3744.txt index c2d82ce..a82a98c 100644 --- a/bills_text/Senate-3744.txt +++ b/bills_text/Senate-3744.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - S. 3744 + S.3744 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To condemn gross human rights violations of ethnic Turkic Muslims in + To condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and - harassment of these communities inside and outside China. + harassment of these communities inside and outside China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE; TABLE OF CONTENTS. - (a) Short Title.--This Act may be cited as the ``Uyghur Human Rights Policy Act of 2020''. (b) Table of Contents.--The table of contents for this Act is as @@ -27,280 +34,256 @@ Sec. 2. Statement of purpose. Sec. 3. Findings. Sec. 4. Sense of Congress. Sec. 5. Updating statement of United States policy toward the People's - Republic of China. + Republic of China. Sec. 6. Imposition of sanctions. Sec. 7. Report on human rights abuses in Xinjiang Uyghur Autonomous - Region. -Sec. 8. Report on protecting citizens and residents of the United - States from intimidation and coercion. + Region. +Sec. 8. Report on protecting citizens and residents of the United States + from intimidation and coercion. Sec. 9. Report on security and economic implications of repression in - Xinjiang Uyghur Autonomous Region by the - Government of the People's Republic of - China. + Xinjiang Uyghur Autonomous Region by the Government of the + People's Republic of China. Sec. 10. Classified report. - SEC. 2. STATEMENT OF PURPOSE. - The purpose of this Act is to direct United States resources to address human rights violations and abuses, including gross violations of human rights, by the Government of the People's Republic of China through the mass surveillance and internment of over 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim minority groups in Xinjiang Uyghur Autonomous Region. - SEC. 3. FINDINGS. - Congress makes the following findings: - (1) The Government of the People's Republic of China has a - long history of repressing Turkic Muslims and other Muslim - minority groups, particularly Uyghurs, in Xinjiang Uyghur - Autonomous Region. In recent decades, central and regional - Chinese government policies have systematically discriminated - against these minority groups by denying them a range of civil - and political rights, including the freedom of expression, - religion, and movement, and the right to a fair trial. - (2) In May 2014, the Government of the People's Republic of - China launched its latest ``Strike Hard Against Violent - Extremism'' campaign, using wide-scale, internationally-linked - threats of terrorism as a pretext to justify pervasive - restrictions on and serious human rights violations of members - of ethnic minority communities in Xinjiang Uyghur Autonomous - Region. The August 2016 appointment of former Tibet Autonomous - Region Party Secretary Chen Quanguo to be Party Secretary of - Xinjiang Uyghur Autonomous Region accelerated the crackdown - across the region. Scholars, human rights organizations, - journalists, and think tanks have provided ample evidence - substantiating the establishment by the Government of the - People's Republic of China of internment camps. Since 2014, the - Government of the People's Republic of China has detained more - than 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of - other Muslim minority groups in these camps. The total ethnic - minority population of Xinjiang Uyghur Autonomous Region was - approximately 13,000,000 at the time of the last census - conducted by the People's Republic of China in 2010. - (3) The Government of the People's Republic of China's - actions against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of - other Muslim minority groups in Xinjiang Uyghur Autonomous - Region violate international human rights laws and norms, - including-- - (A) the International Convention on the Elimination - of All Forms of Racial Discrimination, to which the - People's Republic of China has acceded; - (B) the Convention against Torture and Other Cruel, - Inhuman or Degrading Treatment or Punishment, which the - People's Republic of China has signed and ratified; - (C) the International Covenant on Civil and - Political Rights, which the People's Republic of China - has signed; and - (D) the Universal Declaration of Human Rights. - (4) Senior Chinese Communist Party officials, including - current Xinjiang Uyghur Autonomous Region Party Secretary Chen - Quanguo, who executes Chinese government policy in the region, - and former Xinjiang Uyghur Autonomous Region Deputy Party - Secretary Zhu Hailun, who crafted many of the policies - implemented in the region, bear direct responsibility for gross - human rights violations committed against Uyghurs, ethnic - Kazakhs, Kyrgyz, and members of other Muslim minority groups. - These abuses include the arbitrary detention of more than - 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other - Muslim minority groups, separation of working age adults from - children and the elderly, and the integration of forced labor - into supply chains. - (5) Those detained in internment camps in Xinjiang Uyghur - Autonomous Region have described forced political - indoctrination, torture, beatings, food deprivation, and denial - of religious, cultural, and linguistic freedoms. These victims - have confirmed that they were told by guards that the only way - to secure their release was to demonstrate sufficient political - loyalty. Poor conditions and lack of medical treatment at such - facilities appear to have contributed to the deaths of some - detainees, including the elderly and infirm. - (6) Uyghurs and ethnic Kazakhs who have obtained permanent - residence or citizenship in other countries report being - subjected to threats and harassment from Chinese officials. At - least 5 journalists for Radio Free Asia's Uyghur service have - publicly detailed abuses their family members in Xinjiang - Uyghur Autonomous Region have endured in response to their work - exposing the Government of the People's Republic of China's - abusive policies. - (7) In September 2018, United Nations High Commissioner for - Human Rights Michelle Bachelet noted in her first speech as - High Commissioner the ``deeply disturbing allegations of large- - scale arbitrary detentions of Uighurs and other Muslim - communities, in so-called reeducation camps across Xinjiang''. - (8) In 2019, the Congressional-Executive Commission on - China concluded that, based on available evidence, the - establishment and actions committed in the internment camps in - Xinjiang Uyghur Autonomous Region may constitute ``crimes - against humanity''. - (9) On December 31, 2018, President Donald J. Trump signed - into law the Asia Reassurance Initiative Act of 2018 (Public - Law 115-409), which-- - (A) condemns the People's Republic of China's - ``forced disappearances, extralegal detentions, - invasive and omnipresent surveillance, and lack of due - process in judicial proceedings''; - (B) authorizes funding to promote democracy, human - rights, and the rule of law in the People's Republic of - China; and - (C) supports sanctions designations against any - entity or individual that-- - (i) violates human rights or religious - freedoms; or - (ii) engages in censorship activities. - + (1) The Government of the People's Republic of China has a long + history of repressing Turkic Muslims and other Muslim minority + groups, particularly Uyghurs, in Xinjiang Uyghur Autonomous Region. + In recent decades, central and regional Chinese government policies + have systematically discriminated against these minority groups by + denying them a range of civil and political rights, including the + freedom of expression, religion, and movement, and the right to a + fair trial. + (2) In May 2014, the Government of the People's Republic of + China launched its latest ``Strike Hard Against Violent Extremism'' + campaign, using wide-scale, internationally-linked threats of + terrorism as a pretext to justify pervasive restrictions on and + serious human rights violations of members of ethnic minority + communities in Xinjiang Uyghur Autonomous Region. The August 2016 + appointment of former Tibet Autonomous Region Party Secretary Chen + Quanguo to be Party Secretary of Xinjiang Uyghur Autonomous Region + accelerated the crackdown across the region. Scholars, human rights + organizations, journalists, and think tanks have provided ample + evidence substantiating the establishment by the Government of the + People's Republic of China of internment camps. Since 2014, the + Government of the People's Republic of China has detained more than + 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other + Muslim minority groups in these camps. The total ethnic minority + population of Xinjiang Uyghur Autonomous Region was approximately + 13,000,000 at the time of the last census conducted by the People's + Republic of China in 2010. + (3) The Government of the People's Republic of China's actions + against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other + Muslim minority groups in Xinjiang Uyghur Autonomous Region violate + international human rights laws and norms, including-- + (A) the International Convention on the Elimination of All + Forms of Racial Discrimination, to which the People's Republic + of China has acceded; + (B) the Convention against Torture and Other Cruel, Inhuman + or Degrading Treatment or Punishment, which the People's + Republic of China has signed and ratified; + (C) the International Covenant on Civil and Political + Rights, which the People's Republic of China has signed; and + (D) the Universal Declaration of Human Rights. + (4) Senior Chinese Communist Party officials, including current + Xinjiang Uyghur Autonomous Region Party Secretary Chen Quanguo, who + executes Chinese government policy in the region, and former + Xinjiang Uyghur Autonomous Region Deputy Party Secretary Zhu + Hailun, who crafted many of the policies implemented in the region, + bear direct responsibility for gross human rights violations + committed against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of + other Muslim minority groups. These abuses include the arbitrary + detention of more than 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, + and members of other Muslim minority groups, separation of working + age adults from children and the elderly, and the integration of + forced labor into supply chains. + (5) Those detained in internment camps in Xinjiang Uyghur + Autonomous Region have described forced political indoctrination, + torture, beatings, food deprivation, and denial of religious, + cultural, and linguistic freedoms. These victims have confirmed + that they were told by guards that the only way to secure their + release was to demonstrate sufficient political loyalty. Poor + conditions and lack of medical treatment at such facilities appear + to have contributed to the deaths of some detainees, including the + elderly and infirm. + (6) Uyghurs and ethnic Kazakhs who have obtained permanent + residence or citizenship in other countries report being subjected + to threats and harassment from Chinese officials. At least 5 + journalists for Radio Free Asia's Uyghur service have publicly + detailed abuses their family members in Xinjiang Uyghur Autonomous + Region have endured in response to their work exposing the + Government of the People's Republic of China's abusive policies. + (7) In September 2018, United Nations High Commissioner for + Human Rights Michelle Bachelet noted in her first speech as High + Commissioner the ``deeply disturbing allegations of large-scale + arbitrary detentions of Uighurs and other Muslim communities, in + so-called reeducation camps across Xinjiang''. + (8) In 2019, the Congressional-Executive Commission on China + concluded that, based on available evidence, the establishment and + actions committed in the internment camps in Xinjiang Uyghur + Autonomous Region may constitute ``crimes against humanity''. + (9) On December 31, 2018, President Donald J. Trump signed into + law the Asia Reassurance Initiative Act of 2018 (Public Law 115- + 409), which-- + (A) condemns the People's Republic of China's ``forced + disappearances, extralegal detentions, invasive and omnipresent + surveillance, and lack of due process in judicial + proceedings''; + (B) authorizes funding to promote democracy, human rights, + and the rule of law in the People's Republic of China; and + (C) supports sanctions designations against any entity or + individual that-- + (i) violates human rights or religious freedoms; or + (ii) engages in censorship activities. SEC. 4. SENSE OF CONGRESS. - It is the sense of Congress that-- - (1) the President should-- - (A) condemn abuses against Uyghurs, ethnic Kazakhs, - Kyrgyz, members of other Muslim minority groups, and - other persons by authorities of the People's Republic - of China; and - (B) call on such authorities to immediately-- - (i) close the internment camps; - (ii) lift all restrictions on, and ensure - respect for, human rights; and - (iii) allow people inside the People's - Republic of China to reestablish contact with - their loved ones, friends, and associates - outside the People's Republic of China; - (2) the Secretary of State should consider strategically - employing sanctions and other tools under the International - Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.), - including measures resulting from the designation of the - People's Republic of China as a country of particular concern - for religious freedom under section 402(b)(1)(A)(ii) of such - Act (22 U.S.C. 6442(b)(1)(A)(ii)), that directly address - particularly severe violations of religious freedom; - (3) the Secretary of State should-- - (A) work with United States allies and partners and - through multilateral institutions to condemn the mass - arbitrary detention of Uyghurs, ethnic Kazakhs, Kyrgyz, - and members of other Muslim minority groups in Xinjiang - Uyghur Autonomous Region; and - (B) coordinate closely with the international - community on targeted sanctions and visa restrictions; - (4) the journalists of the Uyghur language service of Radio - Free Asia should be commended for their reporting on the human - rights and political situation in Xinjiang Uyghur Autonomous - Region despite efforts by the Government of the People's - Republic of China to silence or intimidate their reporting - through the detention of family members and relatives in China; - (5) the United States should expand the availability of and - capacity for Uyghur language programming on Radio Free Asia in - Xinjiang Uyghur Autonomous Region; - (6) the Federal Bureau of Investigation and appropriate - United States law enforcement agencies should take steps to - hold accountable officials from the People's Republic of China - or individuals acting on their behalf who harass, threaten, or - intimidate persons within the United States; and - (7) United States companies and individuals selling goods - or services or otherwise operating in Xinjiang Uyghur - Autonomous Region should take steps, including in any public or - financial filings, to ensure that-- - (A) their commercial activities are not - contributing to human rights violations in Xinjiang - Uyghur Autonomous Region or elsewhere in China; and - (B) their supply chains are not compromised by - forced labor. - + (1) the President should-- + (A) condemn abuses against Uyghurs, ethnic Kazakhs, Kyrgyz, + members of other Muslim minority groups, and other persons by + authorities of the People's Republic of China; and + (B) call on such authorities to immediately-- + (i) close the internment camps; + (ii) lift all restrictions on, and ensure respect for, + human rights; and + (iii) allow people inside the People's Republic of + China to reestablish contact with their loved ones, + friends, and associates outside the People's Republic of + China; + (2) the Secretary of State should consider strategically + employing sanctions and other tools under the International + Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.), including + measures resulting from the designation of the People's Republic of + China as a country of particular concern for religious freedom + under section 402(b)(1)(A)(ii) of such Act (22 U.S.C. + 6442(b)(1)(A)(ii)), that directly address particularly severe + violations of religious freedom; + (3) the Secretary of State should-- + (A) work with United States allies and partners and through + multilateral institutions to condemn the mass arbitrary + detention of Uyghurs, ethnic Kazakhs, Kyrgyz, and members of + other Muslim minority groups in Xinjiang Uyghur Autonomous + Region; and + (B) coordinate closely with the international community on + targeted sanctions and visa restrictions; + (4) the journalists of the Uyghur language service of Radio + Free Asia should be commended for their reporting on the human + rights and political situation in Xinjiang Uyghur Autonomous Region + despite efforts by the Government of the People's Republic of China + to silence or intimidate their reporting through the detention of + family members and relatives in China; + (5) the United States should expand the availability of and + capacity for Uyghur language programming on Radio Free Asia in + Xinjiang Uyghur Autonomous Region; + (6) the Federal Bureau of Investigation and appropriate United + States law enforcement agencies should take steps to hold + accountable officials from the People's Republic of China or + individuals acting on their behalf who harass, threaten, or + intimidate persons within the United States; and + (7) United States companies and individuals selling goods or + services or otherwise operating in Xinjiang Uyghur Autonomous + Region should take steps, including in any public or financial + filings, to ensure that-- + (A) their commercial activities are not contributing to + human rights violations in Xinjiang Uyghur Autonomous Region or + elsewhere in China; and + (B) their supply chains are not compromised by forced + labor. SEC. 5. UPDATING STATEMENT OF UNITED STATES POLICY TOWARD THE PEOPLE'S - REPUBLIC OF CHINA. - +REPUBLIC OF CHINA. Section 901(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 84) is amended-- - (1) by redesignating paragraphs (7), (8), and (9) as - paragraphs (8), (9), and (10), respectively; and - (2) by inserting after paragraph (6) the following: - ``(7) United States policy toward the People's Republic of - China should be explicitly linked to the situation in Xinjiang - Uyghur Autonomous Region, specifically as to whether-- - ``(A) the internment of Uyghurs, ethnic Kazakhs, - Kyrgyz, and members of other Muslim minority groups in - internment camps has ended; - ``(B) all political prisoners are released; - ``(C) the use of mass surveillance and predictive - policing to discriminate against and violate the human - rights of members of specific ethnic groups has ceased - and is not evident in other parts of China; and - ``(D) the Government of the People's Republic of - China has ended particularly severe restrictions of - religious and cultural practice in Xinjiang Uyghur - Autonomous Region;''. - + (1) by redesignating paragraphs (7), (8), and (9) as paragraphs + (8), (9), and (10), respectively; and + (2) by inserting after paragraph (6) the following: + ``(7) United States policy toward the People's Republic of + China should be explicitly linked to the situation in Xinjiang + Uyghur Autonomous Region, specifically as to whether-- + ``(A) the internment of Uyghurs, ethnic Kazakhs, Kyrgyz, + and members of other Muslim minority groups in internment camps + has ended; + ``(B) all political prisoners are released; + ``(C) the use of mass surveillance and predictive policing + to discriminate against and violate the human rights of members + of specific ethnic groups has ceased and is not evident in + other parts of China; and + ``(D) the Government of the People's Republic of China has + ended particularly severe restrictions of religious and + cultural practice in Xinjiang Uyghur Autonomous Region;''. SEC. 6. IMPOSITION OF SANCTIONS. - (a) Report Required.-- - (1) In general.--Not later than 180 days after the date of - the enactment of this Act, and not less frequently than - annually thereafter, the President shall submit a report to the - Committee on Foreign Relations of the Senate, the Committee on - Banking, Housing, and Urban Affairs of the Senate, the - Committee on Foreign Affairs of the House of Representatives, - and the Committee on Financial Services of the House of - Representatives that identifies each foreign person, including - any official of the Government of the People's Republic of - China, that the President determines is responsible for any of - the following with respect to Uyghurs, ethnic Kazakhs, Kyrgyz, - members of other Muslim minority groups, or other persons in - Xinjiang Uyghur Autonomous Region: - (A) Torture. - (B) Cruel, inhuman, or degrading treatment or - punishment. - (C) Prolonged detention without charges and trial. - (D) Causing the disappearance of persons by the - abduction and clandestine detention of those persons. - (E) Other flagrant denial of the right to life, - liberty, or the security of persons. - (2) Form.--The report required under paragraph (1) shall be - submitted in unclassified form, but may contain a classified - annex. + (1) In general.--Not later than 180 days after the date of the + enactment of this Act, and not less frequently than annually + thereafter, the President shall submit a report to the Committee on + Foreign Relations of the Senate, the Committee on Banking, Housing, + and Urban Affairs of the Senate, the Committee on Foreign Affairs + of the House of Representatives, and the Committee on Financial + Services of the House of Representatives that identifies each + foreign person, including any official of the Government of the + People's Republic of China, that the President determines is + responsible for any of the following with respect to Uyghurs, + ethnic Kazakhs, Kyrgyz, members of other Muslim minority groups, or + other persons in Xinjiang Uyghur Autonomous Region: + (A) Torture. + (B) Cruel, inhuman, or degrading treatment or punishment. + (C) Prolonged detention without charges and trial. + (D) Causing the disappearance of persons by the abduction + and clandestine detention of those persons. + (E) Other flagrant denial of the right to life, liberty, or + the security of persons. + (2) Form.--The report required under paragraph (1) shall be + submitted in unclassified form, but may contain a classified annex. (b) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person identified in the report required under subsection (a)(1). (c) Sanctions Described.--The sanctions described in this subsection are the following: - (1) Asset blocking.--The President shall exercise all of - the powers granted to the President under the International - Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the - extent necessary to block and prohibit all transactions in - property and interests in property of a foreign person - identified in the report required under subsection (a)(1) if - such property and interests in property-- - (A) are in the United States; - (B) come within the United States; or - (C) come within the possession or control of a - United States person. - (2) Ineligibility for visas, admission, or parole.-- - (A) Visas, admission, or parole.--An alien - described in subsection (a)(1) is-- - (i) inadmissible to the United States; - (ii) ineligible to receive a visa or other - documentation to enter the United States; and - (iii) otherwise ineligible to be admitted - or paroled into the United States or to receive - any other benefit under the Immigration and - Nationality Act (8 U.S.C. 1101 et seq.). - (B) Current visas revoked.-- - (i) In general.--An alien described in - subsection (a)(1) is subject to revocation of - any visa or other entry documentation - regardless of when the visa or other entry - documentation is or was issued. - (ii) Immediate effect.--A revocation under - clause (i) shall-- - (I) take effect immediately; and - (II) cancel any other valid visa or - entry documentation that is in the - alien's possession. - (3) Penalties.--The penalties provided for in subsections - (b) and (c) of section 206 of the International Emergency - Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign - person that violates, attempts to violate, conspires to - violate, or causes a violation of paragraph (1) to the same - extent that such penalties apply to a person that commits an - unlawful act described in subsection (a) of such section 206. + (1) Asset blocking.--The President shall exercise all of the + powers granted to the President under the International Emergency + Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent + necessary to block and prohibit all transactions in property and + interests in property of a foreign person identified in the report + required under subsection (a)(1) if such property and interests in + property-- + (A) are in the United States; + (B) come within the United States; or + (C) come within the possession or control of a United + States person. + (2) Ineligibility for visas, admission, or parole.-- + (A) Visas, admission, or parole.--An alien described in + subsection (a)(1) is-- + (i) inadmissible to the United States; + (ii) ineligible to receive a visa or other + documentation to enter the United States; and + (iii) otherwise ineligible to be admitted or paroled + into the United States or to receive any other benefit + under the Immigration and Nationality Act (8 U.S.C. 1101 et + seq.). + (B) Current visas revoked.-- + (i) In general.--An alien described in subsection + (a)(1) is subject to revocation of any visa or other entry + documentation regardless of when the visa or other entry + documentation is or was issued. + (ii) Immediate effect.--A revocation under clause (i) + shall-- + + (I) take effect immediately; and + (II) cancel any other valid visa or entry + documentation that is in the alien's possession. + + (3) Penalties.--The penalties provided for in subsections (b) + and (c) of section 206 of the International Emergency Economic + Powers Act (50 U.S.C. 1705) shall apply to a foreign person that + violates, attempts to violate, conspires to violate, or causes a + violation of paragraph (1) to the same extent that such penalties + apply to a person that commits an unlawful act described in + subsection (a) of such section 206. (d) 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 @@ -314,33 +297,31 @@ Committee on Foreign Affairs of the House of Representatives, and the Committee on Financial Services of the House of Representatives that such a waiver is in the national interest of the United States. (f) Exceptions.-- - (1) Exception for intelligence activities.--Sanctions under - this section shall not apply to any activity subject to the - reporting requirements under title V of the National Security - Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized - intelligence activities of the United States. - (2) Exception to comply with international obligations and - for law enforcement activities.--Sanctions under subsection - (c)(2) shall not apply with respect to an alien if admitting or - paroling the alien into the United States is necessary-- - (A) to permit the United States to comply with the - Agreement regarding the Headquarters of the United - Nations, signed at Lake Success June 26, 1947, and - entered into force November 21, 1947, between the - United Nations and the United States, or other - applicable international obligations; or - (B) to carry out or assist law enforcement activity - in the United States. - (3) Exception relating to importation of goods.-- - (A) In general.--The authorities and requirements - to impose sanctions authorized under this section shall - not include the authority or a requirement to impose - sanctions on the importation of goods. - (B) Good defined.--In this paragraph, the term - ``good'' means any article, natural or manmade - substance, material, supply, or manufactured product, - including inspection and test equipment, and excluding - technical data. + (1) Exception for intelligence activities.--Sanctions under + this section shall not apply to any activity subject to the + reporting requirements under title V of the National Security Act + of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence + activities of the United States. + (2) Exception to comply with international obligations and for + law enforcement activities.--Sanctions under subsection (c)(2) + shall not apply with respect to an alien if admitting or paroling + the alien into the United States is necessary-- + (A) to permit the United States to comply with the + Agreement regarding the Headquarters of the United Nations, + signed at Lake Success June 26, 1947, and entered into force + November 21, 1947, between the United Nations and the United + States, or other applicable international obligations; or + (B) to carry out or assist law enforcement activity in the + United States. + (3) Exception relating to importation of goods.-- + (A) In general.--The authorities and requirements to impose + sanctions authorized under this section shall not include the + authority or a requirement to impose sanctions on the + importation of goods. + (B) Good defined.--In this paragraph, the term ``good'' + means any article, natural or manmade substance, material, + supply, or manufactured product, including inspection and test + equipment, and excluding technical data. (g) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the Committee on Foreign @@ -349,96 +330,88 @@ Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Financial Services of the House of Representatives not later than 15 days before the termination takes effect that-- - (1) information exists that the person did not engage in - the activity for which sanctions were imposed; - (2) the person has been prosecuted appropriately for the - activity for which sanctions were imposed; - (3) the person has credibly demonstrated a significant - change in behavior, has paid an appropriate consequence for the - activity for which sanctions were imposed, and has credibly - committed to not engage in an activity described in subsection - (a)(1) in the future; or - (4) the termination of the sanctions is in the national - security interests of the United States. + (1) information exists that the person did not engage in the + activity for which sanctions were imposed; + (2) the person has been prosecuted appropriately for the + activity for which sanctions were imposed; + (3) the person has credibly demonstrated a significant change + in behavior, has paid an appropriate consequence for the activity + for which sanctions were imposed, and has credibly committed to not + engage in an activity described in subsection (a)(1) in the future; + or + (4) the termination of the sanctions is in the national + security interests of the United States. (h) Sunset.--This section, and any sanctions imposed under this section, shall terminate on the date that is 5 years after the date of the enactment of this Act. (i) Definitions.--In this section: - (1) Admission; admitted; alien.--The terms ``admission'', - ``admitted'', and ``alien'' have the meanings given those terms - in section 101 of the Immigration and Nationality Act (8 U.S.C. - 1101). - (2) Foreign person.--The term ``foreign person'' means a - person that is not a United States person. - (3) 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 any jurisdiction within the United - States, including a foreign branch of such an entity. - + (1) Admission; admitted; alien.--The terms ``admission'', + ``admitted'', and ``alien'' have the meanings given those terms in + section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). + (2) Foreign person.--The term ``foreign person'' means a person + that is not a United States person. + (3) 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 any jurisdiction within the United States, including a + foreign branch of such an entity. SEC. 7. REPORT ON HUMAN RIGHTS ABUSES IN XINJIANG UYGHUR AUTONOMOUS - REGION. - +REGION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies and civil society organizations, shall-- - (1) submit a report on human rights abuses in Xinjiang - Uyghur Autonomous Region to the Committee on Foreign Relations - of the Senate and the Committee on Foreign Affairs of the House - of Representatives; and - (2) make the report described in paragraph (1) available on - the website of the Department of State. + (1) submit a report on human rights abuses in Xinjiang Uyghur + Autonomous Region to the Committee on Foreign Relations of the + Senate and the Committee on Foreign Affairs of the House of + Representatives; and + (2) make the report described in paragraph (1) available on the + website of the Department of State. (b) Matters To Be Included.--The report required under subsection (a) shall include-- - (1) an assessment of the number of individuals detained in - internment camps in Xinjiang Uyghur Autonomous Region; - (2) a description of the conditions in such camps for - detainees, including, to the extent practicable, an assessment - of-- - (A) methods of torture; - (B) efforts to force individuals to renounce their - faith; and - (C) other serious human rights abuses; - (3) to the extent practicable, an assessment of the number - of individuals in the region in forced labor camps; - (4) a description of the methods used by People's Republic - of China authorities to ``reeducate'' detainees in internment - camps, including a list of government agencies of the People's - Republic of China in charge of such reeducation; - (5) an assessment of the use and nature of forced labor in - and related to the detention of Turkic Muslims in Xinjiang - Uyghur Autonomous Region, including a description of foreign - companies and industries directly benefitting from such labor; - (6) an assessment of the level of access to Xinjiang Uyghur - Autonomous Region granted by the Government of the People's - Republic of China to foreign diplomats and consular agents, - independent journalists, and representatives of nongovernmental - organizations; - (7) an assessment of the mass surveillance, predictive - policing, and other methods used by the Government of the - People's Republic of China to violate the human rights of - persons in Xinjiang Uyghur Autonomous Region; - (8) a description of the frequency with which foreign - governments are forcibly returning Uyghurs, ethnic Kazakhs, - Kyrgyz, and other refugees and asylum seekers to the People's - Republic of China; - (9) a description, as appropriate, of United States - diplomatic efforts with allies and other nations-- - (A) to address the gross violations of human rights - in Xinjiang Uyghur Autonomous Region; and - (B) to protect asylum seekers from the region; and - (10) the identification of the offices within the - Department of State that are responsible for leading and - coordinating the diplomatic efforts referred to in paragraph - (9). - + (1) an assessment of the number of individuals detained in + internment camps in Xinjiang Uyghur Autonomous Region; + (2) a description of the conditions in such camps for + detainees, including, to the extent practicable, an assessment of-- + (A) methods of torture; + (B) efforts to force individuals to renounce their faith; + and + (C) other serious human rights abuses; + (3) to the extent practicable, an assessment of the number of + individuals in the region in forced labor camps; + (4) a description of the methods used by People's Republic of + China authorities to ``reeducate'' detainees in internment camps, + including a list of government agencies of the People's Republic of + China in charge of such reeducation; + (5) an assessment of the use and nature of forced labor in and + related to the detention of Turkic Muslims in Xinjiang Uyghur + Autonomous Region, including a description of foreign companies and + industries directly benefitting from such labor; + (6) an assessment of the level of access to Xinjiang Uyghur + Autonomous Region granted by the Government of the People's + Republic of China to foreign diplomats and consular agents, + independent journalists, and representatives of nongovernmental + organizations; + (7) an assessment of the mass surveillance, predictive + policing, and other methods used by the Government of the People's + Republic of China to violate the human rights of persons in + Xinjiang Uyghur Autonomous Region; + (8) a description of the frequency with which foreign + governments are forcibly returning Uyghurs, ethnic Kazakhs, Kyrgyz, + and other refugees and asylum seekers to the People's Republic of + China; + (9) a description, as appropriate, of United States diplomatic + efforts with allies and other nations-- + (A) to address the gross violations of human rights in + Xinjiang Uyghur Autonomous Region; and + (B) to protect asylum seekers from the region; and + (10) the identification of the offices within the Department of + State that are responsible for leading and coordinating the + diplomatic efforts referred to in paragraph (9). SEC. 8. REPORT ON PROTECTING CITIZENS AND RESIDENTS OF THE UNITED - STATES FROM INTIMIDATION AND COERCION. - +STATES FROM INTIMIDATION AND COERCION. Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, in consultation with the Secretary of State, shall submit a report to the Committee on @@ -453,11 +426,9 @@ nationals legally studying or working temporarily in the United States, who have experienced harassment or intimidation within the United States by officials or agents of the Government of the People's Republic of China. - SEC. 9. REPORT ON SECURITY AND ECONOMIC IMPLICATIONS OF REPRESSION IN - XINJIANG UYGHUR AUTONOMOUS REGION BY THE GOVERNMENT OF - THE PEOPLE'S REPUBLIC OF CHINA. - +XINJIANG UYGHUR AUTONOMOUS REGION BY THE GOVERNMENT OF THE PEOPLE'S +REPUBLIC OF CHINA. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State, shall submit a report to the @@ -468,33 +439,29 @@ Intelligence of the House of Representatives on the matters described in subsection (b). (b) Matters to Be Included.-- The report required under subsection (a) shall include-- - (1) an assessment of the national and regional security - threats posed to the United States by the policies of the - Government of the People's Republic of China in Xinjiang Uyghur - Autonomous Region; - (2) a description of-- - (A) the acquisition or development of technology by - the Government of the People's Republic of China to - facilitate internment and mass surveillance in Xinjiang - Uyghur Autonomous Region, including technology related - to predictive policing and large-scale data collection - and analysis; and - (B) the threats that the acquisition, development, - and use of such technologies pose to the United States; - (3) a list of Chinese companies that are involved in-- - (A) constructing or operating the internment camps - in Xinjiang Uyghur Autonomous Region; or - (B) providing or operating mass surveillance - technology in Xinjiang Uyghur Autonomous Region; and - (4) a description of the role of the Xinjiang Production - and Construction Corps in internment and forced labor in - Xinjiang Uyghur Autonomous Region. + (1) an assessment of the national and regional security threats + posed to the United States by the policies of the Government of the + People's Republic of China in Xinjiang Uyghur Autonomous Region; + (2) a description of-- + (A) the acquisition or development of technology by the + Government of the People's Republic of China to facilitate + internment and mass surveillance in Xinjiang Uyghur Autonomous + Region, including technology related to predictive policing and + large-scale data collection and analysis; and + (B) the threats that the acquisition, development, and use + of such technologies pose to the United States; + (3) a list of Chinese companies that are involved in-- + (A) constructing or operating the internment camps in + Xinjiang Uyghur Autonomous Region; or + (B) providing or operating mass surveillance technology in + Xinjiang Uyghur Autonomous Region; and + (4) a description of the role of the Xinjiang Production and + Construction Corps in internment and forced labor in Xinjiang + Uyghur Autonomous Region. (c) Form of Report.--The report required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. - -SEC. 10. CLASSIFIED REPORT. - + SEC. 10. CLASSIFIED REPORT. The Director of National Intelligence, in consultation with such elements of the Intelligence Community as the Director deems appropriate, shall submit a classified report to the Select Committee @@ -502,30 +469,16 @@ on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives that assesses the ability of the United States Government to collect and analyze intelligence regarding-- - (1) the scope and scale of the detention and forced labor - of Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim - minority groups in the People's Republic of China; - (2) the gross violations of human rights perpetrated inside - the internment camps in Xinjiang Uyghur Autonomous Region; and - (3) other policies of the Government of the People's - Republic of China in Xinjiang Uyghur Autonomous Region that - constitute gross violations of human rights. - - Passed the Senate May 14, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3744 - -_______________________________________________________________________ - - AN ACT - - To condemn gross human rights violations of ethnic Turkic Muslims in - Xinjiang, and calling for an end to arbitrary detention, torture, and - harassment of these communities inside and outside China. + (1) the scope and scale of the detention and forced labor of + Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim + minority groups in the People's Republic of China; + (2) the gross violations of human rights perpetrated inside the + internment camps in Xinjiang Uyghur Autonomous Region; and + (3) other policies of the Government of the People's Republic + of China in Xinjiang Uyghur Autonomous Region that constitute gross + violations of human rights. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 71a6dcd6631406b5bf230d583a02b89f11cd2379 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 949/984] Senate-3758: Introduced to Senate --- bills_text/Senate-3758.txt | 58 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 58 insertions(+) create mode 100644 bills_text/Senate-3758.txt diff --git a/bills_text/Senate-3758.txt b/bills_text/Senate-3758.txt new file mode 100644 index 0000000..b8ac007 --- /dev/null +++ b/bills_text/Senate-3758.txt @@ -0,0 +1,58 @@ +116th CONGRESS + 2d Session + S. 3758 + +To amend the Klamath Basin Water Supply Enhancement Act of 2000 to make + certain technical corrections. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + May 19, 2020 + +Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; + which was read twice and referred to the Committee on Energy and + Natural Resources + +_______________________________________________________________________ + + A BILL + + + +To amend the Klamath Basin Water Supply Enhancement Act of 2000 to make + certain technical corrections. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT OF 2000 TECHNICAL + CORRECTIONS. + + Section 4(b) of the Klamath Basin Water Supply Enhancement Act of +2000 (114 Stat. 2222; 132 Stat. 3887) is amended-- + (1) in paragraph (1)-- + (A) in the matter preceding subparagraph (A)-- + (i) by striking ``Pursuant to the + reclamation laws and subject'' and inserting + ``Subject''; and + (ii) by striking ``may'' and inserting ``is + authorized to''; and + (B) in subparagraph (A), by inserting ``, including + conservation and efficiency measures, land idling, and + use of groundwater,'' after ``administer programs''; + (2) in paragraph (3)(A), by inserting ``and'' after the + semicolon at the end; + (3) by redesignating the second paragraph (4) (relating to + the effect of the subsection) as paragraph (5); and + (4) in paragraph (5) (as so redesignated)-- + (A) by striking subparagraph (B); + (B) in subparagraph (A), by striking ``; or'' and + inserting a period; and + (C) by striking ``the Secretary--'' and all that + follows through ``to develop'' in subparagraph (A) and + inserting ``the Secretary to develop''. + \ No newline at end of file From 3712160304e51d89c30e77867cd5ee0c93938b47 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 950/984] Senate-3758: Engrossed in Senate --- bills_text/Senate-3758.txt | 62 +++++++++++++++++++++++++++----------- 1 file changed, 45 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-3758.txt b/bills_text/Senate-3758.txt index b8ac007..5308de1 100644 --- a/bills_text/Senate-3758.txt +++ b/bills_text/Senate-3758.txt @@ -2,24 +2,9 @@ 2d Session S. 3758 -To amend the Klamath Basin Water Supply Enhancement Act of 2000 to make - certain technical corrections. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - May 19, 2020 - -Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; - which was read twice and referred to the Committee on Energy and - Natural Resources - -_______________________________________________________________________ - - A BILL + AN ACT @@ -55,4 +40,47 @@ SECTION 1. KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT OF 2000 TECHNICAL (C) by striking ``the Secretary--'' and all that follows through ``to develop'' in subparagraph (A) and inserting ``the Secretary to develop''. - \ No newline at end of file + +SEC. 2. CONTINUED USE OF PICK-SLOAN MISSOURI BASIN PROGRAM PROJECT USE + POWER BY THE KINSEY IRRIGATION COMPANY AND THE SIDNEY + WATER USERS IRRIGATION DISTRICT. + + (a) Authorization.--Notwithstanding any other provision of law and +subject to subsection (b), the Secretary of the Interior (acting +through the Commissioner of Reclamation) shall continue to treat the +irrigation pumping units known as the ``Kinsey Irrigation Company'' in +Custer County, Montana and the ``Sidney Water Users Irrigation +District'' in Richland County, Montana, or any successor to the Kinsey +Irrigation Company or Sidney Water Users Irrigation District, as +irrigation pumping units of the Pick-Sloan Missouri Basin Program for +the purposes of wheeling, administration, and payment of project use +power, including the applicability of provisions relating to the +treatment of costs beyond the ability to pay under section 9 of the Act +of December 22, 1944 (commonly known as the ``Flood Control Act of +1944'') (58 Stat. 891, chapter 665). + (b) Limitation.--The quantity of power to be provided to the Kinsey +Irrigation Company and the Sidney Water Users Irrigation District +(including any successor to the Kinsey Irrigation Company or the Sidney +Water Users Irrigation District) under subsection (a) may not exceed +the maximum quantity of power provided to the Kinsey Irrigation Company +and the Sidney Water Users Irrigation District under the applicable +contract for electric service in effect on the date of enactment of +this Act. + + Passed the Senate June 30, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3758 + +_______________________________________________________________________ + + AN ACT + +To amend the Klamath Basin Water Supply Enhancement Act of 2000 to make + certain technical corrections. From 284c7382c821703a5346237ebd4430ce4aa36c42 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 951/984] Senate-3758: Enrolled --- bills_text/Senate-3758.txt | 89 +++++++++++++++++--------------------- 1 file changed, 40 insertions(+), 49 deletions(-) diff --git a/bills_text/Senate-3758.txt b/bills_text/Senate-3758.txt index 5308de1..05c3ed4 100644 --- a/bills_text/Senate-3758.txt +++ b/bills_text/Senate-3758.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 3758 + S.3758 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -13,38 +22,33 @@ To amend the Klamath Basin Water Supply Enhancement Act of 2000 to make Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT OF 2000 TECHNICAL - CORRECTIONS. - +CORRECTIONS. Section 4(b) of the Klamath Basin Water Supply Enhancement Act of 2000 (114 Stat. 2222; 132 Stat. 3887) is amended-- - (1) in paragraph (1)-- - (A) in the matter preceding subparagraph (A)-- - (i) by striking ``Pursuant to the - reclamation laws and subject'' and inserting - ``Subject''; and - (ii) by striking ``may'' and inserting ``is - authorized to''; and - (B) in subparagraph (A), by inserting ``, including - conservation and efficiency measures, land idling, and - use of groundwater,'' after ``administer programs''; - (2) in paragraph (3)(A), by inserting ``and'' after the - semicolon at the end; - (3) by redesignating the second paragraph (4) (relating to - the effect of the subsection) as paragraph (5); and - (4) in paragraph (5) (as so redesignated)-- - (A) by striking subparagraph (B); - (B) in subparagraph (A), by striking ``; or'' and - inserting a period; and - (C) by striking ``the Secretary--'' and all that - follows through ``to develop'' in subparagraph (A) and - inserting ``the Secretary to develop''. - + (1) in paragraph (1)-- + (A) in the matter preceding subparagraph (A)-- + (i) by striking ``Pursuant to the reclamation laws and + subject'' and inserting ``Subject''; and + (ii) by striking ``may'' and inserting ``is authorized + to''; and + (B) in subparagraph (A), by inserting ``, including + conservation and efficiency measures, land idling, and use of + groundwater,'' after ``administer programs''; + (2) in paragraph (3)(A), by inserting ``and'' after the + semicolon at the end; + (3) by redesignating the second paragraph (4) (relating to the + effect of the subsection) as paragraph (5); and + (4) in paragraph (5) (as so redesignated)-- + (A) by striking subparagraph (B); + (B) in subparagraph (A), by striking ``; or'' and inserting + a period; and + (C) by striking ``the Secretary--'' and all that follows + through ``to develop'' in subparagraph (A) and inserting ``the + Secretary to develop''. SEC. 2. CONTINUED USE OF PICK-SLOAN MISSOURI BASIN PROGRAM PROJECT USE - POWER BY THE KINSEY IRRIGATION COMPANY AND THE SIDNEY - WATER USERS IRRIGATION DISTRICT. - +POWER BY THE KINSEY IRRIGATION COMPANY AND THE SIDNEY WATER USERS +IRRIGATION DISTRICT. (a) Authorization.--Notwithstanding any other provision of law and subject to subsection (b), the Secretary of the Interior (acting through the Commissioner of Reclamation) shall continue to treat the @@ -67,20 +71,7 @@ and the Sidney Water Users Irrigation District under the applicable contract for electric service in effect on the date of enactment of this Act. - Passed the Senate June 30, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3758 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - -To amend the Klamath Basin Water Supply Enhancement Act of 2000 to make - certain technical corrections. + Vice President of the United States and + President of the Senate. From 76e9062856784e2628cf2d3f627e497c30cf9103 Mon Sep 17 00:00:00 2001 From: "Sen. Toomey, Pat [R-PA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 952/984] Senate-3989: Introduced to Senate --- bills_text/Senate-3989.txt | 124 +++++++++++++++++++++++++++++++++++++ 1 file changed, 124 insertions(+) create mode 100644 bills_text/Senate-3989.txt diff --git a/bills_text/Senate-3989.txt b/bills_text/Senate-3989.txt new file mode 100644 index 0000000..52e66b9 --- /dev/null +++ b/bills_text/Senate-3989.txt @@ -0,0 +1,124 @@ +116th CONGRESS + 2d Session + S. 3989 + +To amend the United States Semiquincentennial Commission Act of 2016 to + modify certain membership and other requirements of the United States + Semiquincentennial Commission, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 17, 2020 + + Mr. Toomey (for himself and Mr. Casey) introduced the following bill; + which was read twice and referred to the Committee on the Judiciary + +_______________________________________________________________________ + + A BILL + + + +To amend the United States Semiquincentennial Commission Act of 2016 to + modify certain membership and other requirements of the United States + Semiquincentennial Commission, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``United States Semiquincentennial +Commission Amendments Act of 2020''. + +SEC. 2. UNITED STATES SEMIQUINCENTENNIAL COMMISSION. + + (a) Establishment of Commission.--Section 4 of the United States +Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 +Stat. 685) is amended-- + (1) in subsection (b)(4), by striking subparagraph (I) and + inserting the following: + ``(I) The Chairperson of the National Endowment for + the Arts. + ``(J) The Chairperson of the National Endowment for + the Humanities. + ``(K) The Director of the Institute of Museum and + Library Services. + ``(L)(i) The Chief Justice of the United States; or + ``(ii) an Associate Justice or former Associate + Justice appointed by the Chief Justice of the United + States.''; + (2) in subsection (c), by adding at the end the following: + ``(3) Removal of members who are private citizens.--On an + affirmative vote of not less than \2/3\ of the members of the + Commission, the Commission may remove a member of the + Commission appointed under subsection (b)(3).''; and + (3) in subsection (d)-- + (A) by striking ``All meetings'' and inserting the + following: + ``(1) Location of first meeting.--The first meeting''; and + (B) by adding at the end the following: + ``(2) Location of subsequent meetings.--At least 1 meeting + of the Commission each year shall be held in Philadelphia, + Pennsylvania.''. + (b) Duties.--Section 5(c)(1) of the United States +Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 +Stat. 687) is amended by striking ``2 years after the date of enactment +of this Act'' and inserting ``March 31, 2020''. + (c) Coordination.--Section 6(b) of the United States +Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 +Stat. 689) is amended-- + (1) in paragraph (3)(A), by striking ``presiding officer of + the Federal Council on the Arts and the Humanities, the + Chairperson of the National Endowment for the Arts, and the + Chairperson of the National Endowment for the Humanities'' and + inserting ``Chairperson of the National Endowment for the Arts, + the Chairperson of the National Endowment for the Humanities, + and the Director of the Institute of Museum and Library + Services''; and + (2) in paragraph (4), in the matter preceding subparagraph + (A), by inserting ``and other'' after ``founding''. + (d) Expenditures of Commission.--Section 9 of the United States +Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 +Stat. 691) is amended-- + (1) by striking subsection (a) and inserting the following: + ``(a) In General.--All expenditures of the Commission shall be made +from donations, earned income, and any funds made available to carry +out this Act under subsection (g).''; + (2) in subsection (d), by striking ``Once each year during + the period beginning on the date of enactment of this Act'' and + inserting ``Annually during the period beginning 1 year after + the Commission submits the report to the President under + section 5(c)(1)''; and + (3) by adding at the end the following: + ``(e) Intellectual Property Protections.--The Commission shall have +the sole power to authorize, license, and, as applicable, derive income +from, the usage of official marks, imprimaturs, products, and logos of +the Commission and the official United States Semiquincentennial +activities sponsored or cosponsored by the Commission. + ``(f) Enforcement.-- + ``(1) In general.--Subject to paragraph (2), except as + authorized under rules and regulations officially issued by the + Commission, any person who knowingly manufactures, reproduces, + or uses any logo, symbol, or mark originated under authority + of, and certified by, in accordance with paragraph (2), the + Commission or the secretariat of the Commission described in + subsection (b) for use in connection with the commemoration of + the United States Semiquincentennial, or any facsimile of the + logo, symbol, or mark, or holds out to the public objects in a + manner to suggest any logo, symbol, or mark not officially + authorized by the Commission or the secretariat of the + Commission, shall be fined not more than $1,000 for each + unauthorized use, imprisoned for not more than 1 year, or both. + ``(2) Applicability date.--The requirements of paragraph + (1) shall apply beginning on the date of publication in the + Federal Register of notice of certification by the Commission + or secretariat of the Commission with respect to a logo, + symbol, or mark. + ``(g) Authorization of Appropriations.--There are authorized to be +appropriated such sums as are necessary to carry out this Act.''. + \ No newline at end of file From 6f186cc4beddd27efd3cfdbdae7cce5c65eb1e2c Mon Sep 17 00:00:00 2001 From: "Sen. Toomey, Pat [R-PA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 953/984] Senate-3989: Engrossed in Senate --- bills_text/Senate-3989.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-3989.txt b/bills_text/Senate-3989.txt index 52e66b9..69629be 100644 --- a/bills_text/Senate-3989.txt +++ b/bills_text/Senate-3989.txt @@ -2,24 +2,9 @@ 2d Session S. 3989 -To amend the United States Semiquincentennial Commission Act of 2016 to - modify certain membership and other requirements of the United States - Semiquincentennial Commission, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - June 17, 2020 - - Mr. Toomey (for himself and Mr. Casey) introduced the following bill; - which was read twice and referred to the Committee on the Judiciary - -_______________________________________________________________________ - - A BILL + AN ACT @@ -121,4 +106,22 @@ activities sponsored or cosponsored by the Commission. symbol, or mark. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.''. - \ No newline at end of file + + Passed the Senate July 21, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 3989 + +_______________________________________________________________________ + + AN ACT + +To amend the United States Semiquincentennial Commission Act of 2016 to + modify certain membership and other requirements of the United States + Semiquincentennial Commission, and for other purposes. From e55fa77eadae6f36e81f84f96e90559f189f7147 Mon Sep 17 00:00:00 2001 From: "Sen. Toomey, Pat [R-PA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 954/984] Senate-3989: Enrolled --- bills_text/Senate-3989.txt | 155 +++++++++++++++---------------------- 1 file changed, 62 insertions(+), 93 deletions(-) diff --git a/bills_text/Senate-3989.txt b/bills_text/Senate-3989.txt index 69629be..1641438 100644 --- a/bills_text/Senate-3989.txt +++ b/bills_text/Senate-3989.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 3989 + S.3989 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -14,42 +23,38 @@ To amend the United States Semiquincentennial Commission Act of 2016 to Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``United States Semiquincentennial Commission Amendments Act of 2020''. - SEC. 2. UNITED STATES SEMIQUINCENTENNIAL COMMISSION. - (a) Establishment of Commission.--Section 4 of the United States Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 Stat. 685) is amended-- - (1) in subsection (b)(4), by striking subparagraph (I) and - inserting the following: - ``(I) The Chairperson of the National Endowment for - the Arts. - ``(J) The Chairperson of the National Endowment for - the Humanities. - ``(K) The Director of the Institute of Museum and - Library Services. - ``(L)(i) The Chief Justice of the United States; or - ``(ii) an Associate Justice or former Associate - Justice appointed by the Chief Justice of the United - States.''; - (2) in subsection (c), by adding at the end the following: - ``(3) Removal of members who are private citizens.--On an - affirmative vote of not less than \2/3\ of the members of the - Commission, the Commission may remove a member of the - Commission appointed under subsection (b)(3).''; and - (3) in subsection (d)-- - (A) by striking ``All meetings'' and inserting the - following: - ``(1) Location of first meeting.--The first meeting''; and - (B) by adding at the end the following: - ``(2) Location of subsequent meetings.--At least 1 meeting - of the Commission each year shall be held in Philadelphia, - Pennsylvania.''. + (1) in subsection (b)(4), by striking subparagraph (I) and + inserting the following: + ``(I) The Chairperson of the National Endowment for the + Arts. + ``(J) The Chairperson of the National Endowment for the + Humanities. + ``(K) The Director of the Institute of Museum and Library + Services. + ``(L)(i) The Chief Justice of the United States; or + ``(ii) an Associate Justice or former Associate Justice + appointed by the Chief Justice of the United States.''; + (2) in subsection (c), by adding at the end the following: + ``(3) Removal of members who are private citizens.--Following + notice and approval of the relevant appointing authority, on an + affirmative vote of not less than \2/3\ of the members of the + Commission, the Commission may remove a member of the Commission + appointed under subsection (b)(3).''; and + (3) in subsection (d)-- + (A) by striking ``All meetings'' and inserting the + following: + ``(1) Location of first meeting.--The first meeting''; and + (B) by adding at the end the following: + ``(2) Location of subsequent meetings.--At least 1 meeting of + the Commission each year shall be held in Philadelphia, + Pennsylvania.''. (b) Duties.--Section 5(c)(1) of the United States Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 Stat. 687) is amended by striking ``2 years after the date of enactment @@ -57,71 +62,35 @@ of this Act'' and inserting ``March 31, 2020''. (c) Coordination.--Section 6(b) of the United States Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 Stat. 689) is amended-- - (1) in paragraph (3)(A), by striking ``presiding officer of - the Federal Council on the Arts and the Humanities, the - Chairperson of the National Endowment for the Arts, and the - Chairperson of the National Endowment for the Humanities'' and - inserting ``Chairperson of the National Endowment for the Arts, - the Chairperson of the National Endowment for the Humanities, - and the Director of the Institute of Museum and Library - Services''; and - (2) in paragraph (4), in the matter preceding subparagraph - (A), by inserting ``and other'' after ``founding''. + (1) in paragraph (3)(A), by striking ``presiding officer of the + Federal Council on the Arts and the Humanities, the Chairperson of + the National Endowment for the Arts, and the Chairperson of the + National Endowment for the Humanities'' and inserting ``Chairperson + of the National Endowment for the Arts, the Chairperson of the + National Endowment for the Humanities, and the Director of the + Institute of Museum and Library Services''; and + (2) in paragraph (4), in the matter preceding subparagraph (A), + by inserting ``and other'' after ``founding''. (d) Expenditures of Commission.--Section 9 of the United States Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 Stat. 691) is amended-- - (1) by striking subsection (a) and inserting the following: + (1) by striking subsection (a) and inserting the following: ``(a) In General.--All expenditures of the Commission shall be made from donations, earned income, and any funds made available to carry -out this Act under subsection (g).''; - (2) in subsection (d), by striking ``Once each year during - the period beginning on the date of enactment of this Act'' and - inserting ``Annually during the period beginning 1 year after - the Commission submits the report to the President under - section 5(c)(1)''; and - (3) by adding at the end the following: +out this Act under subsection (f).''; + (2) in subsection (d), by striking ``Once each year during the + period beginning on the date of enactment of this Act'' and + inserting ``Annually during the period beginning 1 year after the + Commission submits the report to the President under section + 5(c)(1)''; and + (3) by adding at the end the following: ``(e) Intellectual Property Protections.--The Commission shall have -the sole power to authorize, license, and, as applicable, derive income -from, the usage of official marks, imprimaturs, products, and logos of -the Commission and the official United States Semiquincentennial -activities sponsored or cosponsored by the Commission. - ``(f) Enforcement.-- - ``(1) In general.--Subject to paragraph (2), except as - authorized under rules and regulations officially issued by the - Commission, any person who knowingly manufactures, reproduces, - or uses any logo, symbol, or mark originated under authority - of, and certified by, in accordance with paragraph (2), the - Commission or the secretariat of the Commission described in - subsection (b) for use in connection with the commemoration of - the United States Semiquincentennial, or any facsimile of the - logo, symbol, or mark, or holds out to the public objects in a - manner to suggest any logo, symbol, or mark not officially - authorized by the Commission or the secretariat of the - Commission, shall be fined not more than $1,000 for each - unauthorized use, imprisoned for not more than 1 year, or both. - ``(2) Applicability date.--The requirements of paragraph - (1) shall apply beginning on the date of publication in the - Federal Register of notice of certification by the Commission - or secretariat of the Commission with respect to a logo, - symbol, or mark. - ``(g) Authorization of Appropriations.--There are authorized to be +the exclusive right to use, and to allow others to use, the official +marks, imprimaturs, and logos of the Commission. + ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.''. - Passed the Senate July 21, 2020. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 3989 - -_______________________________________________________________________ - - AN ACT - -To amend the United States Semiquincentennial Commission Act of 2016 to - modify certain membership and other requirements of the United States - Semiquincentennial Commission, and for other purposes. + Vice President of the United States and + President of the Senate. From 2df631416d3f1b0262c182d8ec3063c34142d5d5 Mon Sep 17 00:00:00 2001 From: "Sen. Roberts, Pat [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 955/984] Senate-4054: Engrossed in Senate --- bills_text/Senate-4054.txt | 238 +++++++++++++++++++++++++++++++++++++ 1 file changed, 238 insertions(+) create mode 100644 bills_text/Senate-4054.txt diff --git a/bills_text/Senate-4054.txt b/bills_text/Senate-4054.txt new file mode 100644 index 0000000..f2c10a8 --- /dev/null +++ b/bills_text/Senate-4054.txt @@ -0,0 +1,238 @@ +116th CONGRESS + 2d Session + S. 4054 + +_______________________________________________________________________ + + AN ACT + + + + To reauthorize the United States Grain Standards Act, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``United States Grain Standards +Reauthorization Act of 2020''. + +SEC. 2. NOTIFICATION OF DISCONTINUANCE OF SERVICES BY STATE AGENCIES. + + Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is +amended-- + (1) in subsection (e)(2)(C)(i), by inserting ``and affected + customers or applicants for service of official inspection or + weighing services provided by the State agency'' after ``notify + the Secretary''; and + (2) in subsection (j)(5), in the first sentence, by + striking ``2020'' and inserting ``2025''. + +SEC. 3. WEIGHING AUTHORITY. + + Section 7A(l)(4) of the United States Grain Standards Act (7 U.S.C. +79a(l)(4)) is amended in the first sentence by striking ``2020'' and +inserting ``2025''. + +SEC. 4. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS. + + Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) +is amended by striking ``2020'' and inserting ``2025''. + +SEC. 5. REPORTING REQUIREMENTS. + + Section 17B of the United States Grain Standards Act (7 U.S.C. 87f- +2) is amended by adding at the end the following: + ``(d) Enhancement of Current Reporting.-- + ``(1) Increased frequency of inspection program data + reporting.-- + ``(A) In general.--Beginning not later than 1 year + after the date of enactment of this subsection, the + Secretary shall publish quarterly reports describing + data from the tests and inspections for intrinsic + quality factors (including protein, oil, and starch) + and food safety factors, as reported, in the aggregate, + for fiscal years 2014 through 2018 in the tables in + section V (relating to providing official grain + inspection and weighing services) of the 2016 through + 2018 annual reports to Congress by the Federal Grain + Inspection Service. + ``(B) Delineation.--The data from the tests and + inspections under subparagraph (A) shall be delineated + to reflect whether the tests and inspections were + requested of or performed by-- + ``(i) the Secretary; or + ``(ii) a State agency delegated authority + under section 7 or 7A or an official agency. + ``(2) Exceptions and waivers.--Beginning not later than 1 + year after the date of enactment of this subsection, the + Secretary shall publish quarterly reports describing-- + ``(A) the number of exceptions requested under + section 7(f)(2)(B); + ``(B) the number of exceptions granted under + section 7(f)(2)(B); + ``(C) the number of waivers requested under section + 5(a)(1); and + ``(D) the number of waivers granted under section + 5(a)(1). + ``(e) Additional Reporting; Consultation.--The Secretary may, to +the extent determined appropriate by the Secretary, in consultation +with State agencies delegated authority under sections 7 and 7A, +official agencies, and the grain industries described in the second +sentence of section 21(a), publish-- + ``(1) data relating to testing for other intrinsic quality + or food safety factors; and + ``(2) other data collected from inspection and weighing + activities conducted under this Act. + ``(f) Protection of Confidential Business Information.--Any trade +secrets or information described in section 552(b)(4) of title 5, +United States Code, that is provided to or collected by the Secretary +in carrying out subsection (d) or (e) shall not be included in a report +under subsection (d) or (e) or otherwise publicly disclosed.''. + +SEC. 6. APPROPRIATIONS. + + Section 19 of the United States Grain Standards Act (7 U.S.C. 87h) +is amended-- + (1) by striking the section heading and designation and all + that follows through ``There are hereby'' and inserting the + following: + +``SEC. 19. FUNDING. + + ``(a) Authorization of Appropriations.--There are''; + (2) in subsection (a) (as so designated)-- + (A) by striking ``such sums as are necessary'' and + inserting ``$23,000,000''; and + (B) by striking ``1988 through 2020'' and inserting + ``2021 through 2025''; and + (3) by adding at the end the following: + ``(b) Limitations on Uses of User Fees.-- + ``(1) Definitions.--In this subsection: + ``(A) Official inspection or weighing service.--The + term `official inspection or weighing service' means + official inspection, official weighing, supervision of + weighing, supervision of agency personnel, supervision + of the field office personnel of the Secretary, testing + of equipment or instruments, other services, or + registration, the cost to the Secretary of which is + authorized to be covered by the collection of a user + fee pursuant to section 7, 7A, 7B, 16, or 17A, as + applicable. + ``(B) User fee.--The term `user fee' means a fee + collected by the Secretary under section 7, 7A, 7B, 16, + or 17A. + ``(2) Requirement.--A user fee-- + ``(A) shall be used solely to cover-- + ``(i) the cost to the Secretary for + carrying out official inspection or weighing + services; and + ``(ii) administrative costs to the + Secretary directly relating to official + inspection or weighing services; and + ``(B) shall not be used for-- + ``(i) activities relating to the + development or maintenance of grain standards; + or + ``(ii) any other activity that is not + directly related to the performance of official + inspection or weighing services.''. + +SEC. 7. ADVISORY COMMITTEE. + + Section 21 of the United States Grain Standards Act (7 U.S.C. 87j) +is amended-- + (1) in subsection (a), in the last sentence, by striking + ``successive terms'' and inserting ``successively for more than + 2 terms''; and + (2) in subsection (e), by striking ``2020'' and inserting + ``2025''. + +SEC. 8. REVIEW OF GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES. + + (a) Definitions.--In this section: + (1) Grain handling facility.--The term ``grain handling + facility'' means a grain elevator, warehouse, or other storage + or handling facility. + (2) Official agency geographic area.--The term ``official + agency geographic area'' means a geographic area for an + official agency, as defined by the Secretary under section + 7(f)(2)(A) or 7A(i)(2)(A) of the United States Grain Standards + Act (7 U.S.C. 79(f)(2)(A), 79a(i)(2)(A)). + (3) United states grain standards act terms.--The terms + ``grain'', ``official agency'', ``official inspection'', + ``officially inspected'', ``official weighing'', ``supervision + of weighing'', and ``Secretary'' have the meanings given the + terms in section 3 of the United States Grain Standards Act (7 + U.S.C. 75). + (b) Review.-- + (1) In general.--The Secretary shall conduct a + comprehensive nationwide review of the official agency + geographic areas. + (2) Considerations.--In conducting the review under + paragraph (1), the Secretary shall take into consideration-- + (A) the number of grain handling facilities, both + within the official agency geographic areas and in + areas that are not official agency geographic areas, + that currently use, or, during the 5-year period + preceding the date of submission of the report under + subsection (c), received service from, an official + agency that provides official inspection, official + weighing, supervision of weighing, or other services + under the United States Grain Standards Act (7 U.S.C. + 71 et seq.); + (B) the volume of grain for which official agencies + provide services at grain handling facilities within + the official agency geographic areas; + (C) the number of official inspections of vessels + and other carriers within the official agency + geographic areas; + (D) other related services performed by official + agencies at grain handling facilities within the + official agency geographic areas; + (E) the timeliness, accuracy, and appropriateness + of services performed by official agencies at grain + handling facilities within the official agency + geographic areas; + (F) fees charged by official agencies for services + performed under the United States Grain Standards Act + (7 U.S.C. 71 et seq.), including grading, weighing, + sampling, stowage examination, and certification; and + (G) any implications of modifications to the + official agency geographic areas on enhancing official + inspection, official weighing, and supervision of + weighing in the domestic market. + (c) Report.--Not later than 18 months after the date of enactment +of this Act, the Secretary shall submit to the Committee on Agriculture +of the House of Representatives and the Committee on Agriculture, +Nutrition, and Forestry of the Senate a report containing-- + (1) the results of the review completed under subsection + (b); and + (2) any recommendations with respect to those results that + the Secretary determines appropriate. + +SEC. 9. TECHNICAL CORRECTION. + + Section 4(a)(1) of the United States Grain Standards Act (7 U.S.C. +76(a)(1)) is amended by striking ``soybeans mixed'' and inserting +``soybeans, mixed''. + + Passed the Senate November 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4054 + +_______________________________________________________________________ + + AN ACT + + To reauthorize the United States Grain Standards Act, and for other + purposes. From 25dbf8c12b5cbe07e0d18540c2abddd131bbfa81 Mon Sep 17 00:00:00 2001 From: "Sen. Roberts, Pat [R-KS]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 956/984] Senate-4054: Enrolled --- bills_text/Senate-4054.txt | 323 ++++++++++++++++--------------------- 1 file changed, 142 insertions(+), 181 deletions(-) diff --git a/bills_text/Senate-4054.txt b/bills_text/Senate-4054.txt index f2c10a8..b8a8ce7 100644 --- a/bills_text/Senate-4054.txt +++ b/bills_text/Senate-4054.txt @@ -1,238 +1,199 @@ -116th CONGRESS - 2d Session - S. 4054 + S.4054 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To reauthorize the United States Grain Standards Act, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``United States Grain Standards Reauthorization Act of 2020''. - SEC. 2. NOTIFICATION OF DISCONTINUANCE OF SERVICES BY STATE AGENCIES. - Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is amended-- - (1) in subsection (e)(2)(C)(i), by inserting ``and affected - customers or applicants for service of official inspection or - weighing services provided by the State agency'' after ``notify - the Secretary''; and - (2) in subsection (j)(5), in the first sentence, by - striking ``2020'' and inserting ``2025''. - + (1) in subsection (e)(2)(C)(i), by inserting ``and affected + customers or applicants for service of official inspection or + weighing services provided by the State agency'' after ``notify the + Secretary''; and + (2) in subsection (j)(5), in the first sentence, by striking + ``2020'' and inserting ``2025''. SEC. 3. WEIGHING AUTHORITY. - Section 7A(l)(4) of the United States Grain Standards Act (7 U.S.C. 79a(l)(4)) is amended in the first sentence by striking ``2020'' and inserting ``2025''. - SEC. 4. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS. - Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended by striking ``2020'' and inserting ``2025''. - SEC. 5. REPORTING REQUIREMENTS. - Section 17B of the United States Grain Standards Act (7 U.S.C. 87f- 2) is amended by adding at the end the following: ``(d) Enhancement of Current Reporting.-- - ``(1) Increased frequency of inspection program data - reporting.-- - ``(A) In general.--Beginning not later than 1 year - after the date of enactment of this subsection, the - Secretary shall publish quarterly reports describing - data from the tests and inspections for intrinsic - quality factors (including protein, oil, and starch) - and food safety factors, as reported, in the aggregate, - for fiscal years 2014 through 2018 in the tables in - section V (relating to providing official grain - inspection and weighing services) of the 2016 through - 2018 annual reports to Congress by the Federal Grain - Inspection Service. - ``(B) Delineation.--The data from the tests and - inspections under subparagraph (A) shall be delineated - to reflect whether the tests and inspections were - requested of or performed by-- - ``(i) the Secretary; or - ``(ii) a State agency delegated authority - under section 7 or 7A or an official agency. - ``(2) Exceptions and waivers.--Beginning not later than 1 - year after the date of enactment of this subsection, the - Secretary shall publish quarterly reports describing-- - ``(A) the number of exceptions requested under - section 7(f)(2)(B); - ``(B) the number of exceptions granted under - section 7(f)(2)(B); - ``(C) the number of waivers requested under section - 5(a)(1); and - ``(D) the number of waivers granted under section - 5(a)(1). + ``(1) Increased frequency of inspection program data + reporting.-- + ``(A) In general.--Beginning not later than 1 year after + the date of enactment of this subsection, the Secretary shall + publish quarterly reports describing data from the tests and + inspections for intrinsic quality factors (including protein, + oil, and starch) and food safety factors, as reported, in the + aggregate, for fiscal years 2014 through 2018 in the tables in + section V (relating to providing official grain inspection and + weighing services) of the 2016 through 2018 annual reports to + Congress by the Federal Grain Inspection Service. + ``(B) Delineation.--The data from the tests and inspections + under subparagraph (A) shall be delineated to reflect whether + the tests and inspections were requested of or performed by-- + ``(i) the Secretary; or + ``(ii) a State agency delegated authority under section + 7 or 7A or an official agency. + ``(2) Exceptions and waivers.--Beginning not later than 1 year + after the date of enactment of this subsection, the Secretary shall + publish quarterly reports describing-- + ``(A) the number of exceptions requested under section + 7(f)(2)(B); + ``(B) the number of exceptions granted under section + 7(f)(2)(B); + ``(C) the number of waivers requested under section + 5(a)(1); and + ``(D) the number of waivers granted under section 5(a)(1). ``(e) Additional Reporting; Consultation.--The Secretary may, to the extent determined appropriate by the Secretary, in consultation with State agencies delegated authority under sections 7 and 7A, official agencies, and the grain industries described in the second sentence of section 21(a), publish-- - ``(1) data relating to testing for other intrinsic quality - or food safety factors; and - ``(2) other data collected from inspection and weighing - activities conducted under this Act. + ``(1) data relating to testing for other intrinsic quality or + food safety factors; and + ``(2) other data collected from inspection and weighing + activities conducted under this Act. ``(f) Protection of Confidential Business Information.--Any trade secrets or information described in section 552(b)(4) of title 5, United States Code, that is provided to or collected by the Secretary in carrying out subsection (d) or (e) shall not be included in a report under subsection (d) or (e) or otherwise publicly disclosed.''. - SEC. 6. APPROPRIATIONS. - Section 19 of the United States Grain Standards Act (7 U.S.C. 87h) is amended-- - (1) by striking the section heading and designation and all - that follows through ``There are hereby'' and inserting the - following: - -``SEC. 19. FUNDING. - + (1) by striking the section heading and designation and all + that follows through ``There are hereby'' and inserting the + following: + ``SEC. 19. FUNDING. ``(a) Authorization of Appropriations.--There are''; - (2) in subsection (a) (as so designated)-- - (A) by striking ``such sums as are necessary'' and - inserting ``$23,000,000''; and - (B) by striking ``1988 through 2020'' and inserting - ``2021 through 2025''; and - (3) by adding at the end the following: + (2) in subsection (a) (as so designated)-- + (A) by striking ``such sums as are necessary'' and + inserting ``$23,000,000''; and + (B) by striking ``1988 through 2020'' and inserting ``2021 + through 2025''; and + (3) by adding at the end the following: ``(b) Limitations on Uses of User Fees.-- - ``(1) Definitions.--In this subsection: - ``(A) Official inspection or weighing service.--The - term `official inspection or weighing service' means - official inspection, official weighing, supervision of - weighing, supervision of agency personnel, supervision - of the field office personnel of the Secretary, testing - of equipment or instruments, other services, or - registration, the cost to the Secretary of which is - authorized to be covered by the collection of a user - fee pursuant to section 7, 7A, 7B, 16, or 17A, as - applicable. - ``(B) User fee.--The term `user fee' means a fee - collected by the Secretary under section 7, 7A, 7B, 16, - or 17A. - ``(2) Requirement.--A user fee-- - ``(A) shall be used solely to cover-- - ``(i) the cost to the Secretary for - carrying out official inspection or weighing - services; and - ``(ii) administrative costs to the - Secretary directly relating to official - inspection or weighing services; and - ``(B) shall not be used for-- - ``(i) activities relating to the - development or maintenance of grain standards; - or - ``(ii) any other activity that is not - directly related to the performance of official - inspection or weighing services.''. - + ``(1) Definitions.--In this subsection: + ``(A) Official inspection or weighing service.--The term + `official inspection or weighing service' means official + inspection, official weighing, supervision of weighing, + supervision of agency personnel, supervision of the field + office personnel of the Secretary, testing of equipment or + instruments, other services, or registration, the cost to the + Secretary of which is authorized to be covered by the + collection of a user fee pursuant to section 7, 7A, 7B, 16, or + 17A, as applicable. + ``(B) User fee.--The term `user fee' means a fee collected + by the Secretary under section 7, 7A, 7B, 16, or 17A. + ``(2) Requirement.--A user fee-- + ``(A) shall be used solely to cover-- + ``(i) the cost to the Secretary for carrying out + official inspection or weighing services; and + ``(ii) administrative costs to the Secretary directly + relating to official inspection or weighing services; and + ``(B) shall not be used for-- + ``(i) activities relating to the development or + maintenance of grain standards; or + ``(ii) any other activity that is not directly related + to the performance of official inspection or weighing + services.''. SEC. 7. ADVISORY COMMITTEE. - Section 21 of the United States Grain Standards Act (7 U.S.C. 87j) is amended-- - (1) in subsection (a), in the last sentence, by striking - ``successive terms'' and inserting ``successively for more than - 2 terms''; and - (2) in subsection (e), by striking ``2020'' and inserting - ``2025''. - + (1) in subsection (a), in the last sentence, by striking + ``successive terms'' and inserting ``successively for more than 2 + terms''; and + (2) in subsection (e), by striking ``2020'' and inserting + ``2025''. SEC. 8. REVIEW OF GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES. - (a) Definitions.--In this section: - (1) Grain handling facility.--The term ``grain handling - facility'' means a grain elevator, warehouse, or other storage - or handling facility. - (2) Official agency geographic area.--The term ``official - agency geographic area'' means a geographic area for an - official agency, as defined by the Secretary under section - 7(f)(2)(A) or 7A(i)(2)(A) of the United States Grain Standards - Act (7 U.S.C. 79(f)(2)(A), 79a(i)(2)(A)). - (3) United states grain standards act terms.--The terms - ``grain'', ``official agency'', ``official inspection'', - ``officially inspected'', ``official weighing'', ``supervision - of weighing'', and ``Secretary'' have the meanings given the - terms in section 3 of the United States Grain Standards Act (7 - U.S.C. 75). + (1) Grain handling facility.--The term ``grain handling + facility'' means a grain elevator, warehouse, or other storage or + handling facility. + (2) Official agency geographic area.--The term ``official + agency geographic area'' means a geographic area for an official + agency, as defined by the Secretary under section 7(f)(2)(A) or + 7A(i)(2)(A) of the United States Grain Standards Act (7 U.S.C. + 79(f)(2)(A), 79a(i)(2)(A)). + (3) United states grain standards act terms.--The terms + ``grain'', ``official agency'', ``official inspection'', + ``officially inspected'', ``official weighing'', ``supervision of + weighing'', and ``Secretary'' have the meanings given the terms in + section 3 of the United States Grain Standards Act (7 U.S.C. 75). (b) Review.-- - (1) In general.--The Secretary shall conduct a - comprehensive nationwide review of the official agency - geographic areas. - (2) Considerations.--In conducting the review under - paragraph (1), the Secretary shall take into consideration-- - (A) the number of grain handling facilities, both - within the official agency geographic areas and in - areas that are not official agency geographic areas, - that currently use, or, during the 5-year period - preceding the date of submission of the report under - subsection (c), received service from, an official - agency that provides official inspection, official - weighing, supervision of weighing, or other services - under the United States Grain Standards Act (7 U.S.C. - 71 et seq.); - (B) the volume of grain for which official agencies - provide services at grain handling facilities within - the official agency geographic areas; - (C) the number of official inspections of vessels - and other carriers within the official agency - geographic areas; - (D) other related services performed by official - agencies at grain handling facilities within the - official agency geographic areas; - (E) the timeliness, accuracy, and appropriateness - of services performed by official agencies at grain - handling facilities within the official agency - geographic areas; - (F) fees charged by official agencies for services - performed under the United States Grain Standards Act - (7 U.S.C. 71 et seq.), including grading, weighing, - sampling, stowage examination, and certification; and - (G) any implications of modifications to the - official agency geographic areas on enhancing official - inspection, official weighing, and supervision of - weighing in the domestic market. + (1) In general.--The Secretary shall conduct a comprehensive + nationwide review of the official agency geographic areas. + (2) Considerations.--In conducting the review under paragraph + (1), the Secretary shall take into consideration-- + (A) the number of grain handling facilities, both within + the official agency geographic areas and in areas that are not + official agency geographic areas, that currently use, or, + during the 5-year period preceding the date of submission of + the report under subsection (c), received service from, an + official agency that provides official inspection, official + weighing, supervision of weighing, or other services under the + United States Grain Standards Act (7 U.S.C. 71 et seq.); + (B) the volume of grain for which official agencies provide + services at grain handling facilities within the official + agency geographic areas; + (C) the number of official inspections of vessels and other + carriers within the official agency geographic areas; + (D) other related services performed by official agencies + at grain handling facilities within the official agency + geographic areas; + (E) the timeliness, accuracy, and appropriateness of + services performed by official agencies at grain handling + facilities within the official agency geographic areas; + (F) fees charged by official agencies for services + performed under the United States Grain Standards Act (7 U.S.C. + 71 et seq.), including grading, weighing, sampling, stowage + examination, and certification; and + (G) any implications of modifications to the official + agency geographic areas on enhancing official inspection, + official weighing, and supervision of weighing in the domestic + market. (c) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing-- - (1) the results of the review completed under subsection - (b); and - (2) any recommendations with respect to those results that - the Secretary determines appropriate. - + (1) the results of the review completed under subsection (b); + and + (2) any recommendations with respect to those results that the + Secretary determines appropriate. SEC. 9. TECHNICAL CORRECTION. - Section 4(a)(1) of the United States Grain Standards Act (7 U.S.C. 76(a)(1)) is amended by striking ``soybeans mixed'' and inserting ``soybeans, mixed''. - Passed the Senate November 16, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session + Speaker of the House of Representatives. - S. 4054 - -_______________________________________________________________________ - - AN ACT - - To reauthorize the United States Grain Standards Act, and for other - purposes. + Vice President of the United States and + President of the Senate. From f19ca2450d0bd78431fd2e3d093b4b0c3ae04cde Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 957/984] Senate-4072: Introduced to Senate --- bills_text/Senate-4072.txt | 45 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/Senate-4072.txt diff --git a/bills_text/Senate-4072.txt b/bills_text/Senate-4072.txt new file mode 100644 index 0000000..d397d2f --- /dev/null +++ b/bills_text/Senate-4072.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 2d Session + S. 4072 + +To designate the clinic of the Department of Veterans Affairs in Bend, + Oregon, as the ``Robert D. Maxwell Department of Veterans Affairs + Clinic''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 25, 2020 + +Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; +which was read twice and referred to the Committee on Veterans' Affairs + +_______________________________________________________________________ + + A BILL + + + +To designate the clinic of the Department of Veterans Affairs in Bend, + Oregon, as the ``Robert D. Maxwell Department of Veterans Affairs + Clinic''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DESIGNATION OF ROBERT D. MAXWELL DEPARTMENT OF VETERANS + AFFAIRS CLINIC. + + (a) Designation.--The clinic of the Department of Veterans Affairs +located at 2650 NE Courtney Drive, Bend, Oregon, shall after the date +of the enactment of this Act be known and designated as the ``Robert D. +Maxwell Department of Veterans Affairs Clinic'' or the ``Robert D. +Maxwell VA Clinic''. + (b) Reference.--Any reference in any law, regulation, map, +document, paper, or other record of the United States to the clinic +referred to in paragraph (1) shall be considered to be a reference to +the Robert D. Maxwell Department of Veterans Affairs Clinic. + \ No newline at end of file From 3ffdb3971696f78ab8ddec2997f53d0e5d0434c3 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 958/984] Senate-4072: Engrossed in Senate --- bills_text/Senate-4072.txt | 37 ++++++++++++++++++++----------------- 1 file changed, 20 insertions(+), 17 deletions(-) diff --git a/bills_text/Senate-4072.txt b/bills_text/Senate-4072.txt index d397d2f..b5d43fa 100644 --- a/bills_text/Senate-4072.txt +++ b/bills_text/Senate-4072.txt @@ -2,24 +2,9 @@ 2d Session S. 4072 -To designate the clinic of the Department of Veterans Affairs in Bend, - Oregon, as the ``Robert D. Maxwell Department of Veterans Affairs - Clinic''. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - June 25, 2020 - -Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; -which was read twice and referred to the Committee on Veterans' Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -42,4 +27,22 @@ Maxwell VA Clinic''. document, paper, or other record of the United States to the clinic referred to in paragraph (1) shall be considered to be a reference to the Robert D. Maxwell Department of Veterans Affairs Clinic. - \ No newline at end of file + + Passed the Senate September 17, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4072 + +_______________________________________________________________________ + + AN ACT + +To designate the clinic of the Department of Veterans Affairs in Bend, + Oregon, as the ``Robert D. Maxwell Department of Veterans Affairs + Clinic''. From 09b3f480c830cd2b796f8d85cc7189b5e590a9f8 Mon Sep 17 00:00:00 2001 From: "Sen. Merkley, Jeff [D-OR]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 959/984] Senate-4072: Enrolled --- bills_text/Senate-4072.txt | 47 ++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/Senate-4072.txt b/bills_text/Senate-4072.txt index b5d43fa..9c27881 100644 --- a/bills_text/Senate-4072.txt +++ b/bills_text/Senate-4072.txt @@ -1,23 +1,30 @@ -116th CONGRESS - 2d Session - S. 4072 + S.4072 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act -To designate the clinic of the Department of Veterans Affairs in Bend, + To designate the clinic of the Department of Veterans Affairs in Bend, Oregon, as the ``Robert D. Maxwell Department of Veterans Affairs - Clinic''. + Clinic''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DESIGNATION OF ROBERT D. MAXWELL DEPARTMENT OF VETERANS - AFFAIRS CLINIC. - +AFFAIRS CLINIC. (a) Designation.--The clinic of the Department of Veterans Affairs located at 2650 NE Courtney Drive, Bend, Oregon, shall after the date of the enactment of this Act be known and designated as the ``Robert D. @@ -28,21 +35,7 @@ document, paper, or other record of the United States to the clinic referred to in paragraph (1) shall be considered to be a reference to the Robert D. Maxwell Department of Veterans Affairs Clinic. - Passed the Senate September 17, 2020. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4072 - -_______________________________________________________________________ - - AN ACT - -To designate the clinic of the Department of Veterans Affairs in Bend, - Oregon, as the ``Robert D. Maxwell Department of Veterans Affairs - Clinic''. + Vice President of the United States and + President of the Senate. From 599ab34b2a6bcb0f5704dd62507368ea36fd2383 Mon Sep 17 00:00:00 2001 From: "Sen. Capito, Shelley Moore [R-WV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 960/984] Senate-4075: Introduced to Senate --- bills_text/Senate-4075.txt | 91 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 91 insertions(+) create mode 100644 bills_text/Senate-4075.txt diff --git a/bills_text/Senate-4075.txt b/bills_text/Senate-4075.txt new file mode 100644 index 0000000..0911939 --- /dev/null +++ b/bills_text/Senate-4075.txt @@ -0,0 +1,91 @@ +116th CONGRESS + 2d Session + S. 4075 + + To amend the Public Works and Economic Development Act of 1965 to +provide for the release of certain Federal interests in connection with + certain grants under that Act, and for other purposes. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + June 25, 2020 + +Mrs. Capito (for herself and Mr. Cardin) introduced the following bill; + which was read twice and referred to the Committee on Environment and + Public Works + +_______________________________________________________________________ + + A BILL + + + + To amend the Public Works and Economic Development Act of 1965 to +provide for the release of certain Federal interests in connection with + certain grants under that Act, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Reinvigorating Lending for the +Future Act'' or the ``RLF Act''. + +SEC. 2. RELEASE OF CERTAIN INTERESTS. + + Section 601(d)(2) of the Public Works and Economic Development Act +of 1965 (42 U.S.C. 3211(d)(2)) is amended-- + (1) by striking the paragraph designation and heading and + all that follows through ``The Secretary may'' and inserting + the following: + ``(2) Release.-- + ``(A) In general.--Except as provided in + subparagraph (B), the Secretary may''; and + (2) by adding at the end the following: + ``(B) Certain releases.-- + ``(i) In general.--On written request from + a recipient of a grant under section 209(d), + the Secretary shall release, in accordance with + this subparagraph, any Federal interest in + connection with the grant, if-- + ``(I) the request is made not less + than 7 years after the final + disbursement of the original grant; + ``(II) the recipient has complied + with the terms and conditions of the + grant to the satisfaction of the + Secretary; + ``(III) any proceeds realized from + the grant will be used for 1 or more + activities that continue to carry out + the economic development purposes of + this Act; and + ``(IV) the recipient includes in + the written request a description of + how the recipient will use the proceeds + of the grant in accordance with + subclause (III). + ``(ii) Deadline.-- + ``(I) In general.--Except as + provided in subclause (II), the + Secretary shall complete all closeout + actions for the grant by not later than + 180 days after receipt and acceptance + of the written request under clause + (i). + ``(II) Extension.--The Secretary + may extend a deadline under subclause + (I) by an additional 180 days if the + Secretary determines the extension to + be necessary. + ``(iii) Savings provision.--Section 602 + shall continue to apply to a project assisted + with a grant under section 209(d) regardless of + whether the Secretary releases a Federal + interest under clause (i).''. + \ No newline at end of file From b2de66b662f17130eaaa6a16f72145d38cdd4c42 Mon Sep 17 00:00:00 2001 From: "Sen. Capito, Shelley Moore [R-WV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 961/984] Senate-4075: Engrossed in Senate --- bills_text/Senate-4075.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-4075.txt b/bills_text/Senate-4075.txt index 0911939..4286a65 100644 --- a/bills_text/Senate-4075.txt +++ b/bills_text/Senate-4075.txt @@ -2,25 +2,9 @@ 2d Session S. 4075 - To amend the Public Works and Economic Development Act of 1965 to -provide for the release of certain Federal interests in connection with - certain grants under that Act, and for other purposes. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - June 25, 2020 - -Mrs. Capito (for herself and Mr. Cardin) introduced the following bill; - which was read twice and referred to the Committee on Environment and - Public Works - -_______________________________________________________________________ - - A BILL + AN ACT @@ -88,4 +72,22 @@ of 1965 (42 U.S.C. 3211(d)(2)) is amended-- with a grant under section 209(d) regardless of whether the Secretary releases a Federal interest under clause (i).''. - \ No newline at end of file + + Passed the Senate August 6, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4075 + +_______________________________________________________________________ + + AN ACT + + To amend the Public Works and Economic Development Act of 1965 to +provide for the release of certain Federal interests in connection with + certain grants under that Act, and for other purposes. From c413ac44fdd738cda52cbf0b83cc42ff76cd5a3f Mon Sep 17 00:00:00 2001 From: "Sen. Capito, Shelley Moore [R-WV]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 962/984] Senate-4075: Enrolled --- bills_text/Senate-4075.txt | 136 ++++++++++++++++--------------------- 1 file changed, 60 insertions(+), 76 deletions(-) diff --git a/bills_text/Senate-4075.txt b/bills_text/Senate-4075.txt index 4286a65..ffcec33 100644 --- a/bills_text/Senate-4075.txt +++ b/bills_text/Senate-4075.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 4075 + S.4075 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -14,80 +23,55 @@ provide for the release of certain Federal interests in connection with Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Reinvigorating Lending for the Future Act'' or the ``RLF Act''. - SEC. 2. RELEASE OF CERTAIN INTERESTS. - Section 601(d)(2) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3211(d)(2)) is amended-- - (1) by striking the paragraph designation and heading and - all that follows through ``The Secretary may'' and inserting - the following: - ``(2) Release.-- - ``(A) In general.--Except as provided in - subparagraph (B), the Secretary may''; and - (2) by adding at the end the following: - ``(B) Certain releases.-- - ``(i) In general.--On written request from - a recipient of a grant under section 209(d), - the Secretary shall release, in accordance with - this subparagraph, any Federal interest in - connection with the grant, if-- - ``(I) the request is made not less - than 7 years after the final - disbursement of the original grant; - ``(II) the recipient has complied - with the terms and conditions of the - grant to the satisfaction of the - Secretary; - ``(III) any proceeds realized from - the grant will be used for 1 or more - activities that continue to carry out - the economic development purposes of - this Act; and - ``(IV) the recipient includes in - the written request a description of - how the recipient will use the proceeds - of the grant in accordance with - subclause (III). - ``(ii) Deadline.-- - ``(I) In general.--Except as - provided in subclause (II), the - Secretary shall complete all closeout - actions for the grant by not later than - 180 days after receipt and acceptance - of the written request under clause - (i). - ``(II) Extension.--The Secretary - may extend a deadline under subclause - (I) by an additional 180 days if the - Secretary determines the extension to - be necessary. - ``(iii) Savings provision.--Section 602 - shall continue to apply to a project assisted - with a grant under section 209(d) regardless of - whether the Secretary releases a Federal - interest under clause (i).''. - - Passed the Senate August 6, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4075 - -_______________________________________________________________________ - - AN ACT - - To amend the Public Works and Economic Development Act of 1965 to -provide for the release of certain Federal interests in connection with - certain grants under that Act, and for other purposes. + (1) by striking the paragraph designation and heading and all + that follows through ``The Secretary may'' and inserting the + following: + ``(2) Release.-- + ``(A) In general.--Except as provided in subparagraph (B), + the Secretary may''; and + (2) by adding at the end the following: + ``(B) Certain releases.-- + ``(i) In general.--On written request from a recipient + of a grant under section 209(d), the Secretary shall + release, in accordance with this subparagraph, any Federal + interest in connection with the grant, if-- + + ``(I) the request is made not less than 7 years + after the final disbursement of the original grant; + ``(II) the recipient has complied with the terms + and conditions of the grant to the satisfaction of the + Secretary; + ``(III) any proceeds realized from the grant will + be used for 1 or more activities that continue to carry + out the economic development purposes of this Act; and + ``(IV) the recipient includes in the written + request a description of how the recipient will use the + proceeds of the grant in accordance with subclause + (III). + + ``(ii) Deadline.-- + + ``(I) In general.--Except as provided in subclause + (II), the Secretary shall complete all closeout actions + for the grant by not later than 180 days after receipt + and acceptance of the written request under clause (i). + ``(II) Extension.--The Secretary may extend a + deadline under subclause (I) by an additional 180 days + if the Secretary determines the extension to be + necessary. + + ``(iii) Savings provision.--Section 602 shall continue + to apply to a project assisted with a grant under section + 209(d) regardless of whether the Secretary releases a + Federal interest under clause (i).''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 0f9a086928ec861e467dc8415b899a5eb1a9d883 Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 963/984] Senate-4091: Engrossed in Senate --- bills_text/Senate-4091.txt | 78 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 78 insertions(+) create mode 100644 bills_text/Senate-4091.txt diff --git a/bills_text/Senate-4091.txt b/bills_text/Senate-4091.txt new file mode 100644 index 0000000..6f87d49 --- /dev/null +++ b/bills_text/Senate-4091.txt @@ -0,0 +1,78 @@ +116th CONGRESS + 2d Session + S. 4091 + +_______________________________________________________________________ + + AN ACT + + + + To amend section 1113 of the Social Security Act to provide authority +for fiscal year 2020 for increased payments for temporary assistance to + United States citizens returned from foreign countries, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Emergency Aid for Returning +Americans Affected by Coronavirus Act''. + +SEC. 2. INCREASE IN AGGREGATE PAYMENTS FOR FISCAL YEAR 2020. + + (a) In General.--Section 1113(d) of the Social Security Act (42 +U.S.C. 1313(d)) is amended by striking ``fiscal years 2017 and 2018'' +and all that follows through the period and inserting ``fiscal year +2020, the total amount of such assistance provided during such fiscal +year shall not exceed $10,000,000.''. + (b) Emergency Designation.-- + (1) In general.--The amounts provided by the amendment made + by this section are designated as an emergency requirement + pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of + 2010 (2 U.S.C. 933(g)). + (2) Designation in senate.--In the Senate, this section and + the amendment made by this section are designated as an + emergency requirement pursuant to section 4112(a) of H. Con. + Res. 71 (115th Congress), the concurrent resolution on the + budget for fiscal year 2018. + +SEC. 3. LIMIT ON DIRECT CONTACT WITH REPATRIATED INDIVIDUALS DURING + COVID-19 EMERGENCY PERIOD. + + During the emergency period described in section 1135(g)(1)(B) of +the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), in providing +temporary assistance under section 1113 of such Act (42 U.S.C. 1313), +no employee of the Administration for Children and Families of the +Department of Health and Human Services shall have direct, in-person +contact with an individual specified in section 1113(a)(1) of such Act +(42 U.S.C. 1313(a)(1)), except in the case of a uniformed member of the +Regular Corps or the Ready Reserve Corps of the Commissioned Corps of +the Public Health Service (as described in section 203 of the Public +Health Service Act (42 U.S.C. 204)) in an active duty status who, as +determined by the Secretary of Health and Human Services, has-- + (1) received appropriate training on infection prevention + and control; and + (2) access to appropriate personal protective equipment. + + Passed the Senate June 29, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4091 + +_______________________________________________________________________ + + AN ACT + + To amend section 1113 of the Social Security Act to provide authority +for fiscal year 2020 for increased payments for temporary assistance to + United States citizens returned from foreign countries, and for other + purposes. From ca50e3411775b72378cd5e29aab2017e501f078d Mon Sep 17 00:00:00 2001 From: "Sen. Grassley, Chuck [R-IA]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 964/984] Senate-4091: Enrolled --- bills_text/Senate-4091.txt | 74 ++++++++++++++++---------------------- 1 file changed, 31 insertions(+), 43 deletions(-) diff --git a/bills_text/Senate-4091.txt b/bills_text/Senate-4091.txt index 6f87d49..d7174db 100644 --- a/bills_text/Senate-4091.txt +++ b/bills_text/Senate-4091.txt @@ -1,47 +1,50 @@ -116th CONGRESS - 2d Session - S. 4091 + S.4091 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend section 1113 of the Social Security Act to provide authority for fiscal year 2020 for increased payments for temporary assistance to United States citizens returned from foreign countries, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Emergency Aid for Returning Americans Affected by Coronavirus Act''. - SEC. 2. INCREASE IN AGGREGATE PAYMENTS FOR FISCAL YEAR 2020. - (a) In General.--Section 1113(d) of the Social Security Act (42 U.S.C. 1313(d)) is amended by striking ``fiscal years 2017 and 2018'' and all that follows through the period and inserting ``fiscal year 2020, the total amount of such assistance provided during such fiscal year shall not exceed $10,000,000.''. (b) Emergency Designation.-- - (1) In general.--The amounts provided by the amendment made - by this section are designated as an emergency requirement - pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of - 2010 (2 U.S.C. 933(g)). - (2) Designation in senate.--In the Senate, this section and - the amendment made by this section are designated as an - emergency requirement pursuant to section 4112(a) of H. Con. - Res. 71 (115th Congress), the concurrent resolution on the - budget for fiscal year 2018. - + (1) In general.--The amounts provided by the amendment made by + this section are designated as an emergency requirement pursuant to + section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. + 933(g)). + (2) Designation in senate.--In the Senate, this section and the + amendment made by this section are designated as an emergency + requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th + Congress), the concurrent resolution on the budget for fiscal year + 2018. SEC. 3. LIMIT ON DIRECT CONTACT WITH REPATRIATED INDIVIDUALS DURING - COVID-19 EMERGENCY PERIOD. - +COVID-19 EMERGENCY PERIOD. During the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), in providing temporary assistance under section 1113 of such Act (42 U.S.C. 1313), @@ -53,26 +56,11 @@ Regular Corps or the Ready Reserve Corps of the Commissioned Corps of the Public Health Service (as described in section 203 of the Public Health Service Act (42 U.S.C. 204)) in an active duty status who, as determined by the Secretary of Health and Human Services, has-- - (1) received appropriate training on infection prevention - and control; and - (2) access to appropriate personal protective equipment. - - Passed the Senate June 29, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session + (1) received appropriate training on infection prevention and + control; and + (2) access to appropriate personal protective equipment. - S. 4091 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - - To amend section 1113 of the Social Security Act to provide authority -for fiscal year 2020 for increased payments for temporary assistance to - United States citizens returned from foreign countries, and for other - purposes. + Vice President of the United States and + President of the Senate. From 949f77c7dbede6fa15420fe60a27bd3e2dc398dc Mon Sep 17 00:00:00 2001 From: "Sen. Cardin, Benjamin L. [D-MD]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 965/984] Senate-4116: Engrossed in Senate --- bills_text/Senate-4116.txt | 57 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 57 insertions(+) create mode 100644 bills_text/Senate-4116.txt diff --git a/bills_text/Senate-4116.txt b/bills_text/Senate-4116.txt new file mode 100644 index 0000000..5e1aa73 --- /dev/null +++ b/bills_text/Senate-4116.txt @@ -0,0 +1,57 @@ +116th CONGRESS + 2d Session + S. 4116 + +_______________________________________________________________________ + + AN ACT + + + + To extend the authority for commitments for the paycheck protection + program and separate amounts authorized for other loans under section + 7(a) of the Small Business Act, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. EXTENDING AUTHORITY FOR COMMITMENTS FOR THE PAYCHECK + PROTECTION PROGRAM AND SEPARATING AMOUNTS AUTHORIZED FOR + OTHER 7(A) LOANS. + + Section 1102(b) of title I of division A of the Coronavirus Aid, +Relief, and Economic Security Act (Public Law 116-136) is amended to +read as follows: + ``(b) Commitments for PPP and Other 7(a) Loans.-- + ``(1) PPP loans.--During the period beginning on February + 15, 2020 and ending on August 8, 2020, the amount authorized + for commitments under paragraph (36) of section 7(a) of the + Small Business Act (15 U.S.C. 636(a)) shall be + $659,000,000,000. + ``(2) Other 7(a) loans.--During fiscal year 2020, the + amount authorized for commitments for section 7(a) of the Small + Business Act (15 U.S.C. 636(a)) under the heading `business + loans program account' under the heading `Small Business + Administration' under title V of the Consolidated + Appropriations Act, 2020 (Public Law 116- 93; 133 Stat. 2475) + shall apply with respect to any commitments under such section + 7(a) other than under paragraph (36) of such section 7(a).''. + + Passed the Senate June 30, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4116 + +_______________________________________________________________________ + + AN ACT + + To extend the authority for commitments for the paycheck protection + program and separate amounts authorized for other loans under section + 7(a) of the Small Business Act, and for other purposes. From eff1c6b7cae4cbcb14d48799ff901593d3aa93ad Mon Sep 17 00:00:00 2001 From: "Sen. Cardin, Benjamin L. [D-MD]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 966/984] Senate-4116: Enrolled --- bills_text/Senate-4116.txt | 76 +++++++++++++++++--------------------- 1 file changed, 34 insertions(+), 42 deletions(-) diff --git a/bills_text/Senate-4116.txt b/bills_text/Senate-4116.txt index 5e1aa73..8e9f5bb 100644 --- a/bills_text/Senate-4116.txt +++ b/bills_text/Senate-4116.txt @@ -1,57 +1,49 @@ -116th CONGRESS - 2d Session - S. 4116 + S.4116 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To extend the authority for commitments for the paycheck protection program and separate amounts authorized for other loans under section - 7(a) of the Small Business Act, and for other purposes. + 7(a) of the Small Business Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. EXTENDING AUTHORITY FOR COMMITMENTS FOR THE PAYCHECK - PROTECTION PROGRAM AND SEPARATING AMOUNTS AUTHORIZED FOR - OTHER 7(A) LOANS. - +PROTECTION PROGRAM AND SEPARATING AMOUNTS AUTHORIZED FOR OTHER 7(A) +LOANS. Section 1102(b) of title I of division A of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) is amended to read as follows: ``(b) Commitments for PPP and Other 7(a) Loans.-- - ``(1) PPP loans.--During the period beginning on February - 15, 2020 and ending on August 8, 2020, the amount authorized - for commitments under paragraph (36) of section 7(a) of the - Small Business Act (15 U.S.C. 636(a)) shall be - $659,000,000,000. - ``(2) Other 7(a) loans.--During fiscal year 2020, the - amount authorized for commitments for section 7(a) of the Small - Business Act (15 U.S.C. 636(a)) under the heading `business - loans program account' under the heading `Small Business - Administration' under title V of the Consolidated - Appropriations Act, 2020 (Public Law 116- 93; 133 Stat. 2475) - shall apply with respect to any commitments under such section - 7(a) other than under paragraph (36) of such section 7(a).''. - - Passed the Senate June 30, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4116 - -_______________________________________________________________________ - - AN ACT - - To extend the authority for commitments for the paycheck protection - program and separate amounts authorized for other loans under section - 7(a) of the Small Business Act, and for other purposes. + ``(1) PPP loans.--During the period beginning on February 15, + 2020 and ending on August 8, 2020, the amount authorized for + commitments under paragraph (36) of section 7(a) of the Small + Business Act (15 U.S.C. 636(a)) shall be $659,000,000,000. + ``(2) Other 7(a) loans.--During fiscal year 2020, the amount + authorized for commitments for section 7(a) of the Small Business + Act (15 U.S.C. 636(a)) under the heading `business loans program + account' under the heading `Small Business Administration' under + title V of the Consolidated Appro priations Act, 2020 (Public Law + 116-93; 133 Stat. 2475) shall apply with respect to any commitments + under such section 7(a) other than under paragraph (36) of such + section 7(a).''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 1cc9794c6516de95a9ee87b8312d179010b37e29 Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 967/984] Senate-4126: Introduced to Senate --- bills_text/Senate-4126.txt | 43 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 43 insertions(+) create mode 100644 bills_text/Senate-4126.txt diff --git a/bills_text/Senate-4126.txt b/bills_text/Senate-4126.txt new file mode 100644 index 0000000..82422e9 --- /dev/null +++ b/bills_text/Senate-4126.txt @@ -0,0 +1,43 @@ +116th CONGRESS + 2d Session + S. 4126 + + To designate the facility of the United States Postal Service located +at 104 East Main Street in Port Washington, Wisconsin, as the ``Joseph + G. Demler Post Office''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + July 1, 2020 + + Mr. Johnson (for himself and Ms. Baldwin) introduced the following + bill; which was read twice and referred to the Committee on Homeland + Security and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located +at 104 East Main Street in Port Washington, Wisconsin, as the ``Joseph + G. Demler Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. JOSEPH G. DEMLER POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 104 East Main Street in Port Washington, Wisconsin, shall be +known and designated as the ``Joseph G. Demler Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Joseph G. +Demler Post Office''. + \ No newline at end of file From cce62fd995586c727db11c33c0d7dd3c4d599ee6 Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 968/984] Senate-4126: Engrossed in Senate --- bills_text/Senate-4126.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-4126.txt b/bills_text/Senate-4126.txt index 82422e9..00c053e 100644 --- a/bills_text/Senate-4126.txt +++ b/bills_text/Senate-4126.txt @@ -2,25 +2,9 @@ 2d Session S. 4126 - To designate the facility of the United States Postal Service located -at 104 East Main Street in Port Washington, Wisconsin, as the ``Joseph - G. Demler Post Office''. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - July 1, 2020 - - Mr. Johnson (for himself and Ms. Baldwin) introduced the following - bill; which was read twice and referred to the Committee on Homeland - Security and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -40,4 +24,22 @@ known and designated as the ``Joseph G. Demler Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph G. Demler Post Office''. - \ No newline at end of file + + Passed the Senate November 18, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4126 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located +at 104 East Main Street in Port Washington, Wisconsin, as the ``Joseph + G. Demler Post Office''. From fa31cddc3492d36be8b0b00d90333816601065f7 Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 969/984] Senate-4126: Enrolled --- bills_text/Senate-4126.txt | 47 ++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/Senate-4126.txt b/bills_text/Senate-4126.txt index 00c053e..2762fa3 100644 --- a/bills_text/Senate-4126.txt +++ b/bills_text/Senate-4126.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - S. 4126 + S.4126 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located -at 104 East Main Street in Port Washington, Wisconsin, as the ``Joseph - G. Demler Post Office''. +To designate the facility of the United States Postal Service located at + 104 East Main Street in Port Washington, Wisconsin, as the ``Joseph G. + Demler Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. JOSEPH G. DEMLER POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 104 East Main Street in Port Washington, Wisconsin, shall be known and designated as the ``Joseph G. Demler Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph G. Demler Post Office''. - Passed the Senate November 18, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4126 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located -at 104 East Main Street in Port Washington, Wisconsin, as the ``Joseph - G. Demler Post Office''. + Vice President of the United States and + President of the Senate. From 7527b718d444783217f8556f33ee5fd01532eb30 Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 970/984] Senate-4148: Engrossed in Senate --- bills_text/Senate-4148.txt | 44 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 bills_text/Senate-4148.txt diff --git a/bills_text/Senate-4148.txt b/bills_text/Senate-4148.txt new file mode 100644 index 0000000..d05e18a --- /dev/null +++ b/bills_text/Senate-4148.txt @@ -0,0 +1,44 @@ +116th CONGRESS + 2d Session + S. 4148 + +_______________________________________________________________________ + + AN ACT + + + +To extend the Chemical Facility Anti-Terrorism Standards Program of the + Department of Homeland Security, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM STANDARDS + PROGRAM OF THE DEPARTMENT OF HOMELAND SECURITY. + + (a) In General.--Section 5 of the Protecting and Securing Chemical +Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 6 +U.S.C. 621 note) is amended by striking ``July 23, 2020'' and inserting +``July 27, 2023''. + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on the date that is 1 day after the date of enactment of +this Act. + + Passed the Senate July 1, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4148 + +_______________________________________________________________________ + + AN ACT + +To extend the Chemical Facility Anti-Terrorism Standards Program of the + Department of Homeland Security, and for other purposes. From 7f1de2aeb4f95374a8703ce383526705f5cb9079 Mon Sep 17 00:00:00 2001 From: "Sen. Johnson, Ron [R-WI]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 971/984] Senate-4148: Enrolled --- bills_text/Senate-4148.txt | 42 ++++++++++++++++---------------------- 1 file changed, 18 insertions(+), 24 deletions(-) diff --git a/bills_text/Senate-4148.txt b/bills_text/Senate-4148.txt index d05e18a..cb241bc 100644 --- a/bills_text/Senate-4148.txt +++ b/bills_text/Senate-4148.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 4148 + S.4148 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -13,10 +22,8 @@ To extend the Chemical Facility Anti-Terrorism Standards Program of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM STANDARDS - PROGRAM OF THE DEPARTMENT OF HOMELAND SECURITY. - +PROGRAM OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Section 5 of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 6 U.S.C. 621 note) is amended by striking ``July 23, 2020'' and inserting @@ -25,20 +32,7 @@ U.S.C. 621 note) is amended by striking ``July 23, 2020'' and inserting take effect on the date that is 1 day after the date of enactment of this Act. - Passed the Senate July 1, 2020. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4148 - -_______________________________________________________________________ - - AN ACT - -To extend the Chemical Facility Anti-Terrorism Standards Program of the - Department of Homeland Security, and for other purposes. + Vice President of the United States and + President of the Senate. From 0f41bd82cfe3d443e714c8d5bba58ee1c02cd454 Mon Sep 17 00:00:00 2001 From: "Sen. Scott, Tim [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 972/984] Senate-4209: Engrossed in Senate --- bills_text/Senate-4209.txt | 73 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 73 insertions(+) create mode 100644 bills_text/Senate-4209.txt diff --git a/bills_text/Senate-4209.txt b/bills_text/Senate-4209.txt new file mode 100644 index 0000000..761ca07 --- /dev/null +++ b/bills_text/Senate-4209.txt @@ -0,0 +1,73 @@ +116th CONGRESS + 2d Session + S. 4209 + +_______________________________________________________________________ + + AN ACT + + + + To amend title IX of the Social Security Act to improve emergency + unemployment relief for governmental entities and nonprofit + organizations. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Protecting Nonprofits from +Catastrophic Cash Flow Strain Act of 2020''. + +SEC. 2. IMPROVING EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERNMENTAL + ENTITIES AND NONPROFIT ORGANIZATIONS. + + (a) In General.--Section 903(i)(1) of the Social Security Act (42 +U.S.C. 1103(i)(1)) is amended-- + (1) in subparagraph (A), by striking ``during'' and + inserting ``with respect to''; + (2) in subparagraph (B), by striking ``3309(a)(1)'' and + inserting ``3309(a)''; and + (3) by striking subparagraph (C) and inserting the + following new subparagraph: + ``(C) Notwithstanding any other provision of law, funds transferred +to the account of a State under subparagraph (A) shall be used +exclusively to reduce the amounts required to be paid in lieu of +contributions into the State unemployment fund pursuant to such section +by governmental entities and other organizations described in section +3309(a) of such Code.''. + (b) Effective Date.-- + (1) In general.--Subject to paragraph (2), the amendments + made by subsection (a) shall take effect as if included in the + enactment of section 2103 of the Relief for Workers Affected by + Coronavirus Act (contained in subtitle A of title II of + division A of the CARES Act (Public Law 116-136)). + (2) Application to weeks prior to enactment.--For weeks of + unemployment that occurred after March 12, 2020, and prior to + the date of enactment of this section, States may-- + (A) issue reimbursements in accordance with section + 903(i)(1)(C) of the Social Security Act, as in effect + prior to the date of enactment of this section; or + (B) reduce the amounts required to be paid in + accordance with such section 903(i)(1)(C), as amended + by subsection (a). + + Passed the Senate July 2, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4209 + +_______________________________________________________________________ + + AN ACT + + To amend title IX of the Social Security Act to improve emergency + unemployment relief for governmental entities and nonprofit + organizations. From 2aa2e5ea8b351a6442bbb0a56053c981e4bd3d5d Mon Sep 17 00:00:00 2001 From: "Sen. Scott, Tim [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 973/984] Senate-4209: Enrolled --- bills_text/Senate-4209.txt | 88 +++++++++++++++++--------------------- 1 file changed, 39 insertions(+), 49 deletions(-) diff --git a/bills_text/Senate-4209.txt b/bills_text/Senate-4209.txt index 761ca07..e81ed85 100644 --- a/bills_text/Senate-4209.txt +++ b/bills_text/Senate-4209.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 4209 + S.4209 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -14,23 +23,19 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Protecting Nonprofits from Catastrophic Cash Flow Strain Act of 2020''. - SEC. 2. IMPROVING EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERNMENTAL - ENTITIES AND NONPROFIT ORGANIZATIONS. - +ENTITIES AND NONPROFIT ORGANIZATIONS. (a) In General.--Section 903(i)(1) of the Social Security Act (42 U.S.C. 1103(i)(1)) is amended-- - (1) in subparagraph (A), by striking ``during'' and - inserting ``with respect to''; - (2) in subparagraph (B), by striking ``3309(a)(1)'' and - inserting ``3309(a)''; and - (3) by striking subparagraph (C) and inserting the - following new subparagraph: + (1) in subparagraph (A), by striking ``during'' and inserting + ``with respect to''; + (2) in subparagraph (B), by striking ``3309(a)(1)'' and + inserting ``3309(a)''; and + (3) by striking subparagraph (C) and inserting the following + new subparagraph: ``(C) Notwithstanding any other provision of law, funds transferred to the account of a State under subparagraph (A) shall be used exclusively to reduce the amounts required to be paid in lieu of @@ -38,36 +43,21 @@ contributions into the State unemployment fund pursuant to such section by governmental entities and other organizations described in section 3309(a) of such Code.''. (b) Effective Date.-- - (1) In general.--Subject to paragraph (2), the amendments - made by subsection (a) shall take effect as if included in the - enactment of section 2103 of the Relief for Workers Affected by - Coronavirus Act (contained in subtitle A of title II of - division A of the CARES Act (Public Law 116-136)). - (2) Application to weeks prior to enactment.--For weeks of - unemployment that occurred after March 12, 2020, and prior to - the date of enactment of this section, States may-- - (A) issue reimbursements in accordance with section - 903(i)(1)(C) of the Social Security Act, as in effect - prior to the date of enactment of this section; or - (B) reduce the amounts required to be paid in - accordance with such section 903(i)(1)(C), as amended - by subsection (a). - - Passed the Senate July 2, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4209 - -_______________________________________________________________________ - - AN ACT - - To amend title IX of the Social Security Act to improve emergency - unemployment relief for governmental entities and nonprofit - organizations. + (1) In general.--Subject to paragraph (2), the amendments made + by subsection (a) shall take effect as if included in the enactment + of section 2103 of the Relief for Workers Affected by Coronavirus + Act (contained in subtitle A of title II of division A of the CARES + Act (Public Law 116-136)). + (2) Application to weeks prior to enactment.--For weeks of + unemployment that occurred after March 12, 2020, and prior to the + date of enactment of this section, States may-- + (A) issue reimbursements in accordance with section + 903(i)(1)(C) of the Social Security Act, as in effect prior to + the date of enactment of this section; or + (B) reduce the amounts required to be paid in accordance + with such section 903(i)(1)(C), as amended by subsection (a). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. From 023980daf41405e8fe5dbf8c757b79c5b62f7531 Mon Sep 17 00:00:00 2001 From: "Sen. Enzi, Michael B. [R-WY]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 974/984] Senate-4684: Introduced to Senate --- bills_text/Senate-4684.txt | 43 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 43 insertions(+) create mode 100644 bills_text/Senate-4684.txt diff --git a/bills_text/Senate-4684.txt b/bills_text/Senate-4684.txt new file mode 100644 index 0000000..8165d23 --- /dev/null +++ b/bills_text/Senate-4684.txt @@ -0,0 +1,43 @@ +116th CONGRESS + 2d Session + S. 4684 + + To designate the facility of the United States Postal Service located + at 440 Arapahoe Street in Thermopolis, Wyoming, as the ``Robert L. + Brown Post Office''. + + +_______________________________________________________________________ + + + IN THE SENATE OF THE UNITED STATES + + September 24, 2020 + +Mr. Enzi (for himself and Mr. Barrasso) introduced the following bill; +which was read twice and referred to the Committee on Homeland Security + and Governmental Affairs + +_______________________________________________________________________ + + A BILL + + + + To designate the facility of the United States Postal Service located + at 440 Arapahoe Street in Thermopolis, Wyoming, as the ``Robert L. + Brown Post Office''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. ROBERT L. BROWN POST OFFICE. + + (a) Designation.--The facility of the United States Postal Service +located at 440 Arapahoe Street in Thermopolis, Wyoming, shall be known +and designated as the ``Robert L. Brown Post Office''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the facility referred to +in subsection (a) shall be deemed to be a reference to the ``Robert L. +Brown Post Office''. + \ No newline at end of file From b29c361a2517fd63437f0ea1ce30786583fd9306 Mon Sep 17 00:00:00 2001 From: "Sen. Enzi, Michael B. [R-WY]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 975/984] Senate-4684: Engrossed in Senate --- bills_text/Senate-4684.txt | 38 ++++++++++++++++++++------------------ 1 file changed, 20 insertions(+), 18 deletions(-) diff --git a/bills_text/Senate-4684.txt b/bills_text/Senate-4684.txt index 8165d23..bb8910e 100644 --- a/bills_text/Senate-4684.txt +++ b/bills_text/Senate-4684.txt @@ -2,25 +2,9 @@ 2d Session S. 4684 - To designate the facility of the United States Postal Service located - at 440 Arapahoe Street in Thermopolis, Wyoming, as the ``Robert L. - Brown Post Office''. - - _______________________________________________________________________ - - IN THE SENATE OF THE UNITED STATES - - September 24, 2020 - -Mr. Enzi (for himself and Mr. Barrasso) introduced the following bill; -which was read twice and referred to the Committee on Homeland Security - and Governmental Affairs - -_______________________________________________________________________ - - A BILL + AN ACT @@ -40,4 +24,22 @@ and designated as the ``Robert L. Brown Post Office''. paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Robert L. Brown Post Office''. - \ No newline at end of file + + Passed the Senate December 3, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4684 + +_______________________________________________________________________ + + AN ACT + + To designate the facility of the United States Postal Service located + at 440 Arapahoe Street in Thermopolis, Wyoming, as the ``Robert L. + Brown Post Office''. From 96bf4710d956f5f66a2147a7b1de31188ebb4446 Mon Sep 17 00:00:00 2001 From: "Sen. Enzi, Michael B. [R-WY]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 976/984] Senate-4684: Enrolled --- bills_text/Senate-4684.txt | 47 ++++++++++++++++---------------------- 1 file changed, 20 insertions(+), 27 deletions(-) diff --git a/bills_text/Senate-4684.txt b/bills_text/Senate-4684.txt index bb8910e..3ef44e3 100644 --- a/bills_text/Senate-4684.txt +++ b/bills_text/Senate-4684.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - S. 4684 + S.4684 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the facility of the United States Postal Service located - at 440 Arapahoe Street in Thermopolis, Wyoming, as the ``Robert L. - Brown Post Office''. +To designate the facility of the United States Postal Service located at + 440 Arapahoe Street in Thermopolis, Wyoming, as the ``Robert L. Brown + Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. ROBERT L. BROWN POST OFFICE. - (a) Designation.--The facility of the United States Postal Service located at 440 Arapahoe Street in Thermopolis, Wyoming, shall be known and designated as the ``Robert L. Brown Post Office''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Robert L. Brown Post Office''. - Passed the Senate December 3, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4684 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the facility of the United States Postal Service located - at 440 Arapahoe Street in Thermopolis, Wyoming, as the ``Robert L. - Brown Post Office''. + Vice President of the United States and + President of the Senate. From 98742a7304e277dbea0695dea8017782b2a916ce Mon Sep 17 00:00:00 2001 From: "Sen. Burr, Richard [R-NC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 977/984] Senate-4762: Engrossed in Senate --- bills_text/Senate-4762.txt | 50 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 50 insertions(+) create mode 100644 bills_text/Senate-4762.txt diff --git a/bills_text/Senate-4762.txt b/bills_text/Senate-4762.txt new file mode 100644 index 0000000..3c6e177 --- /dev/null +++ b/bills_text/Senate-4762.txt @@ -0,0 +1,50 @@ +116th CONGRESS + 2d Session + S. 4762 + +_______________________________________________________________________ + + AN ACT + + + + To designate the airport traffic control tower located at Piedmont + Triad International Airport in Greensboro, North Carolina, as the + ``Senator Kay Hagan Airport Traffic Control Tower''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. DESIGNATION. + + The airport traffic control tower located at Piedmont Triad +International Airport in Greensboro, North Carolina, and any successor +airport traffic control tower at that location, shall be known and +designated as the ``Senator Kay Hagan Airport Traffic Control Tower''. + +SEC. 2. REFERENCES. + + Any reference in a law, map, regulation, document, paper, or other +record of the United States to the airport traffic control tower +referred to in section 1 shall be deemed to be a reference to the +``Senator Kay Hagan Airport Traffic Control Tower''. + + Passed the Senate September 30 (legislative day, September + 29), 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4762 + +_______________________________________________________________________ + + AN ACT + + To designate the airport traffic control tower located at Piedmont + Triad International Airport in Greensboro, North Carolina, as the + ``Senator Kay Hagan Airport Traffic Control Tower''. From b459b280a80d0ea39e3af9f04706807ec66b8935 Mon Sep 17 00:00:00 2001 From: "Sen. Burr, Richard [R-NC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 978/984] Senate-4762: Enrolled --- bills_text/Senate-4762.txt | 50 +++++++++++++++----------------------- 1 file changed, 20 insertions(+), 30 deletions(-) diff --git a/bills_text/Senate-4762.txt b/bills_text/Senate-4762.txt index 3c6e177..2d659d8 100644 --- a/bills_text/Senate-4762.txt +++ b/bills_text/Senate-4762.txt @@ -1,50 +1,40 @@ -116th CONGRESS - 2d Session - S. 4762 + S.4762 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act - To designate the airport traffic control tower located at Piedmont - Triad International Airport in Greensboro, North Carolina, as the - ``Senator Kay Hagan Airport Traffic Control Tower''. +To designate the airport traffic control tower located at Piedmont Triad + International Airport in Greensboro, North Carolina, as the ``Senator + Kay Hagan Airport Traffic Control Tower''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. DESIGNATION. - The airport traffic control tower located at Piedmont Triad International Airport in Greensboro, North Carolina, and any successor airport traffic control tower at that location, shall be known and designated as the ``Senator Kay Hagan Airport Traffic Control Tower''. - SEC. 2. REFERENCES. - Any reference in a law, map, regulation, document, paper, or other record of the United States to the airport traffic control tower referred to in section 1 shall be deemed to be a reference to the ``Senator Kay Hagan Airport Traffic Control Tower''. - Passed the Senate September 30 (legislative day, September - 29), 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4762 - -_______________________________________________________________________ - - AN ACT + Speaker of the House of Representatives. - To designate the airport traffic control tower located at Piedmont - Triad International Airport in Greensboro, North Carolina, as the - ``Senator Kay Hagan Airport Traffic Control Tower''. + Vice President of the United States and + President of the Senate. From b04cdf53395b640bbcae3277323317df42286e84 Mon Sep 17 00:00:00 2001 From: "Sen. Lee, Mike [R-UT]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 979/984] Senate-4902: Engrossed in Senate --- bills_text/Senate-4902.txt | 45 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 45 insertions(+) create mode 100644 bills_text/Senate-4902.txt diff --git a/bills_text/Senate-4902.txt b/bills_text/Senate-4902.txt new file mode 100644 index 0000000..86851fb --- /dev/null +++ b/bills_text/Senate-4902.txt @@ -0,0 +1,45 @@ +116th CONGRESS + 2d Session + S. 4902 + +_______________________________________________________________________ + + AN ACT + + + + To designate the United States courthouse located at 351 South West + Temple in Salt Lake City, Utah, as the ``Orrin G. Hatch United States + Courthouse''. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. ORRIN G. HATCH UNITED STATES COURTHOUSE. + + (a) Designation.--The United States courthouse located at 351 South +West Temple in Salt Lake City, Utah, shall be known and designated as +the ``Orrin G. Hatch United States Courthouse''. + (b) References.--Any reference in a law, map, regulation, document, +paper, or other record of the United States to the United States +courthouse referred to in subsection (a) shall be deemed to be a +reference to the ``Orrin G. Hatch United States Courthouse''. + + Passed the Senate November 17, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4902 + +_______________________________________________________________________ + + AN ACT + + To designate the United States courthouse located at 351 South West + Temple in Salt Lake City, Utah, as the ``Orrin G. Hatch United States + Courthouse''. From 1e6a43b92426c4fdf86a2fc1d626e7b7ed6be14e Mon Sep 17 00:00:00 2001 From: "Sen. Lee, Mike [R-UT]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 980/984] Senate-4902: Enrolled --- bills_text/Senate-4902.txt | 43 ++++++++++++++++---------------------- 1 file changed, 18 insertions(+), 25 deletions(-) diff --git a/bills_text/Senate-4902.txt b/bills_text/Senate-4902.txt index 86851fb..7a061d8 100644 --- a/bills_text/Senate-4902.txt +++ b/bills_text/Senate-4902.txt @@ -1,22 +1,29 @@ -116th CONGRESS - 2d Session - S. 4902 + S.4902 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To designate the United States courthouse located at 351 South West Temple in Salt Lake City, Utah, as the ``Orrin G. Hatch United States - Courthouse''. + Courthouse''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. ORRIN G. HATCH UNITED STATES COURTHOUSE. - (a) Designation.--The United States courthouse located at 351 South West Temple in Salt Lake City, Utah, shall be known and designated as the ``Orrin G. Hatch United States Courthouse''. @@ -25,21 +32,7 @@ paper, or other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the ``Orrin G. Hatch United States Courthouse''. - Passed the Senate November 17, 2020. + Speaker of the House of Representatives. - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4902 - -_______________________________________________________________________ - - AN ACT - - To designate the United States courthouse located at 351 South West - Temple in Salt Lake City, Utah, as the ``Orrin G. Hatch United States - Courthouse''. + Vice President of the United States and + President of the Senate. From c60d7ba3f8be4ea7314f0b960fa8b9f3fd712e27 Mon Sep 17 00:00:00 2001 From: "Sen. Graham, Lindsey [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 981/984] Senate-4996: Engrossed in Senate --- bills_text/Senate-4996.txt | 472 +++++++++++++++++++++++++++++++++++++ 1 file changed, 472 insertions(+) create mode 100644 bills_text/Senate-4996.txt diff --git a/bills_text/Senate-4996.txt b/bills_text/Senate-4996.txt new file mode 100644 index 0000000..e5567dd --- /dev/null +++ b/bills_text/Senate-4996.txt @@ -0,0 +1,472 @@ +116th CONGRESS + 2d Session + S. 4996 + +_______________________________________________________________________ + + AN ACT + + + + To ensure funding of the United States trustees, extend temporary + bankruptcy judgeships, and for other purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Bankruptcy Administration +Improvement Act of 2020''. + +SEC. 2. FINDINGS AND PURPOSE. + + (a) Findings.--Congress finds the following: + (1) Because of the importance of the goal that the + bankruptcy system is self-funded, at no cost to the taxpayer, + Congress has closely monitored the funding needs of the + bankruptcy system, including by requiring periodic reporting by + the Attorney General regarding the United States Trustee System + Fund. + (2) Congress has amended the various bankruptcy fees as + necessary to ensure that the bankruptcy system remains self- + supporting, while also fairly allocating the costs of the + system among those who use the system. + (3) Because the bankruptcy system is interconnected, the + result has been a system of fees, including filing fees, + quarterly fees in chapter 11 cases, and other fees, that + together fund the courts, judges, United States trustees, and + chapter 7 case trustees necessary for the bankruptcy system to + function. + (4) This Act and the amendments made by this Act-- + (A) ensure adequate funding of the United States + trustees, supports the preservation of existing + bankruptcy judgeships that are urgently needed to + handle existing and anticipated increases in business + and consumer caseloads, and provides long-overdue + additional compensation for chapter 7 case trustees + whose caseloads include chapter 11 reorganization cases + that were converted to chapter 7 liquidation cases; and + (B) confirm the longstanding intention of Congress + that quarterly fee requirements remain consistent + across all Federal judicial districts. + (b) Purpose.--The purpose of this Act and the amendments made by +this Act is to further the long-standing goal of Congress of ensuring +that the bankruptcy system is self-funded, at no cost to the taxpayer. + +SEC. 3. UNITED STATES TRUSTEE SYSTEM FUND; BANKRUPTCY FEES. + + (a) Deposits of Certain Fees for Fiscal Years 2021 Through 2026.-- +Notwithstanding section 589a(b) of title 28, United States Code, for +each of fiscal years 2021 through 2026-- + (1) the fees collected under section 1930(a)(6) of such + title, less the amount specified in subparagraph (2), shall be + deposited as specified in subsection (b); and + (2) $5,400,000 of the fees collected under section + 1930(a)(6) of such title shall be deposited in the general fund + of the Treasury. + (b) United States Trustee System Fund.--Section 589a of title 28, +United States Code, is amended by adding at the end the following: + ``(f)(1) During each of fiscal years 2021 through 2026 and +notwithstanding subsections (b) and (c), the fees collected under +section 1930(a)(6), less the amount specified in paragraph (2), shall +be deposited as follows, in the following order: + ``(A) First, the amounts specified in the Department of + Justice appropriations for that fiscal year, shall be deposited + as discretionary offsetting collections to the ``United States + Trustee System Fund'', pursuant to subsection (a), to remain + available until expended. + ``(B) Second, the amounts determined annually by the + Director of the Administrative Office of the United States + Courts that are necessary to reimburse the judiciary for the + costs of administering payments under section 330(e) of title + 11, shall be deposited as mandatory offsetting collections to + the `United States Trustee System Fund', and transferred and + deposited into the special fund established under section + 1931(a), and notwithstanding subsection (a), shall be available + for expenditure without further appropriation. + ``(C) Third, the amounts determined annually by the + Director of the Administrative Office of the United States + Courts that are necessary to pay trustee compensation + authorized by section 330(e)(2) of title 11, shall be deposited + as mandatory offsetting collections to the `United States + Trustee System Fund', and transferred and deposited into the + Chapter 7 Trustee Fund established under section 330(e) of + title 11 for payment to trustees serving in cases under chapter + 7 of title 11 (in addition to the amounts paid under section + 330(b) of title 11), in accordance with that section, and + notwithstanding subsection (a), shall be available for + expenditure without further appropriation. + ``(D) Fourth, any remaining amounts shall be deposited as + discretionary offsetting collections to the `United States + Trustee System Fund', to remain available until expended. + ``(2) Notwithstanding subsection (b), for each of fiscal years 2021 +through 2026, $5,400,000 of the fees collected under section 1930(a)(6) +shall be deposited in the general fund of the Treasury.''. + (c) Compensation of Officers.--Section 330 of title 11, United +States Code, is amended by adding at the end the following: + ``(e)(1) There is established a fund in the Treasury of the United +States, to be known as the `Chapter 7 Trustee Fund', which shall be +administered by the Director of the Administrative Office of the United +States Courts. + ``(2) Deposits into the Chapter 7 Trustee Fund under section +589a(f)(1)(C) of title 28 shall be available until expended for the +purposes described in paragraph (3). + ``(3) For fiscal years 2021 through 2026, the Chapter 7 Trustee +Fund shall be available to pay the trustee serving in a case that is +filed under chapter 7 or a case that is converted to a chapter 7 case +in the most recent fiscal year (referred to in this subsection as a +`chapter 7 case') the amount described in paragraph (4) for the chapter +7 case in which the trustee has rendered services in that fiscal year. + ``(4) The amount described in this paragraph shall be the lesser +of-- + ``(A) $60; or + ``(B) a pro rata share, for each chapter 7 case, of the + fees collected under section 1930(a)(6) of title 28 and + deposited to the United States Trustee System Fund under + section 589a(f)(1) of title 28, less the amounts specified in + section 589a(f)(1)(A) and (B) of title 28. + ``(5) The payment received by a trustee under paragraph (3) shall +be paid in addition to the amount paid under subsection (b). + ``(6) Not later than September 30, 2021, the Director of the +Administrative Office of the United States Courts shall promulgate +regulations for the administration of this subsection.''. + (d) Bankruptcy Fees.--Section 1930(a) of title 28, United States +Code, is amended-- + (1) by striking paragraph (6)(B) and inserting the + following: + ``(B)(i) During the 5-year period beginning on + January 1, 2021, in addition to the filing fee paid to + the clerk, a quarterly fee shall be paid to the United + States trustee, for deposit in the Treasury, in each + open and reopened case under chapter 11 of title 11, + other than under subchapter V, for each quarter + (including any fraction thereof) until the case is + closed, converted, or dismissed, whichever occurs + first. + ``(ii) The fee shall be the greater of-- + ``(I) 0.4 percent of disbursements or $250 + for each quarter in which disbursements total + less than $1,000,000; and + ``(II) 0.8 percent of disbursements but not + more than $250,000 for each quarter in which + disbursements total at least $1,000,000. + ``(iii) The fee shall be payable on the last day of + the calendar month following the calendar quarter for + which the fee is owed.''; and + (2) in paragraph (7), in the first sentence, by striking + ``may'' and inserting ``shall''. + (e) Applicability.-- + (1) In general.--Except as provided in paragraph (2), the + amendments made by this section shall take effect on the date + of enactment of this Act. + (2) Exceptions.-- + (A) Compensation of officers.--The amendments made + by subsection (c) shall apply to any case filed on or + after the date of enactment of this Act-- + (i) under chapter 7 of title 11, United + States Code; or + (ii)(I) under chapter 11, 12, or 13 of that + title; and + (II) converted to a chapter 7 case under + that title. + (B) Bankruptcy fees.--The amendments made by + subsection (d) shall apply to-- + (i) any case pending under chapter 11 of + title 11, United States Code, on or after the + date of enactment of this Act; and + (ii) quarterly fees payable under section + 1930(a)(6) of title 28, United States Code, as + amended by subsection (d), for disbursements + made in any calendar quarter that begins on or + after the date of enactment of this Act. + +SEC. 4. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN + JUDICIAL DISTRICTS. + + (a) Temporary Office of Bankruptcy Judges Authorized by the +Bankruptcy Judgeship Act of 2017.-- + (1) Extensions.--The temporary office of bankruptcy judges + authorized by section 1003(a) of the Bankruptcy Judgeship Act + of 2017 (28 U.S.C. 152 note) for the district of Delaware and + the eastern district of Michigan are extended until the + applicable vacancy specified in paragraph (2) in the office of + a bankruptcy judge for the respective district occurs. + (2) Vacancies.-- + (A) District of delaware.--The 1st and 2d vacancies + in the office of a bankruptcy judge for the district of + Delaware-- + (i) occurring 5 years or more after the + date established by section 1003(b)(1) of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (B) Eastern district of michigan.--The 1st vacancy + in the office of a bankruptcy judge for the eastern + district of Michigan-- + (i) occurring 5 years or more after the + date established by section 1003(b)(3) of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided + in paragraphs (1) and (2), all other provisions of section 1003 + of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) + remain applicable to the temporary office of bankruptcy judges + referred to in paragraph (1). + (b) Temporary Office of Bankruptcy Judges Authorized by the +Bankruptcy Judgeship Act of 2005 and Extended by the Temporary +Bankruptcy Judgeships Extension Act of 2012 and the Bankruptcy +Judgeship Act of 2017.-- + (1) Extensions.--The temporary office of bankruptcy judges + authorized for the following districts by section 1223(b) of + the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), + extended by section 2(a) of the Temporary Bankruptcy Judgeships + Extension Act of 2012 (28 U.S.C. 152 note), and further + extended by section 1002(a) of the Bankruptcy Judgeship Act of + 2017 (28 U.S.C. 152 note) are extended until the applicable + vacancy specified in paragraph (2) in the office of a + bankruptcy judge for the respective district occurs: + (A) The district of Delaware. + (B) The southern district of Florida. + (C) The district of Maryland. + (D) The eastern district of Michigan. + (E) The district of Nevada. + (F) The eastern district of North Carolina. + (G) The district of Puerto Rico. + (H) The eastern district of Virginia. + (2) Vacancies.-- + (A) Single vacancies.--Except as provided in + subparagraphs (B), (C), (D), (E), and (F), the 1st + vacancy in the office of a bankruptcy judge for each + district specified in paragraph (1)-- + (i) occurring 5 years or more after the + date established by section 1002(a)(2) of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (B) District of delaware.--The 3d, 4th, 5th, and + 6th vacancies in the office of a bankruptcy judge for + the district of Delaware-- + (i) occurring 5 years or more after the + date established by section 1002(a)(2) of + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (C) Southern district of florida.--The 1st and 2d + vacancies in the office of a bankruptcy judge for the + southern district of Florida-- + (i) occurring 5 years or more after the + date established by section 1002(a)(2) of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (D) District of maryland.--The 1st vacancy in the + office of a bankruptcy judge for the district of + Maryland-- + (i) occurring 5 years or more after the + date established by section 1002(a)(2) of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (E) Eastern district of michigan.--The 2d vacancy + in the office of a bankruptcy judge for the eastern + district of Michigan-- + (i) occurring 5 years or more after the + date established by section 1002(a)(2) of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (F) District of puerto rico.--The 1st vacancy in + the office of a bankruptcy judge for the district of + Puerto Rico-- + (i) occurring 5 years or more after the + date established by section 1002(a)(2) of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided + in paragraphs (1) and (2), all other provisions of section 1223 + of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), + section 2 of the Temporary Bankruptcy Judgeships Extension Act + of 2012 (28 U.S.C. 152 note), and section 1002 of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) remain + applicable to the temporary office of bankruptcy judges + referred to in paragraph (1). + (c) Temporary Office of Bankruptcy Judges Authorized by the +Bankruptcy Judgeship Act of 2005 and Extended by the Temporary +Bankruptcy Judgeships Extension Act of 2012.-- + (1) Extensions.--The temporary office of bankruptcy judges + authorized for the following districts by section 1223(b) of + the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and + extended by section 2(a) of the Temporary Bankruptcy Judgeships + Extension Act of 2012 (28 U.S.C. 152 note) are extended until + the applicable vacancy specified in paragraph (2) in the office + of a bankruptcy judge for the respective district occurs: + (A) The southern district of Georgia. + (B) The district of Maryland. + (C) The district of New Jersey. + (D) The northern district of New York. + (E) The district of South Carolina. + (2) Vacancies.-- + (A) Single vacancies.--Except as provided in + subparagraph (B), the 1st vacancy in the office of a + bankruptcy judge for each district specified in + paragraph (1)-- + (i) occurring 5 years or more after the + date of the enactment of this Act, and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (B) District of maryland.--The 2d and 3d vacancies + in the office of a bankruptcy judge for the district of + Maryland-- + (i) occurring 5 years or more after the + date of the enactment of this Act, and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided + in paragraphs (1) and (2), all other provisions of section 1223 + of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) + and section 2 of the Temporary Bankruptcy Judgeships Extension + Act of 2012 (28 U.S.C. 152 note) remain applicable to the + temporary office of bankruptcy judges referred to in paragraph + (1). + (d) Temporary Office of Bankruptcy Judges Authorized by the +Bankruptcy Judgeship Act of 1992 and Extended by the Bankruptcy +Judgeship Act of 2005, the Temporary Bankruptcy Judgeships Extension +Act of 2012, and the Bankruptcy Judgeship Act of 2017.-- + (1) Extensions.--The temporary office of bankruptcy judges + authorized by section 3(a) of the Bankruptcy Judgeship Act of + 1992 (28 U.S.C. 152 note), extended by section 1223(c) of + Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), extended + by section 2(b) of the Temporary Bankruptcy Judgeships + Extension Act of 2012 (28 U.S.C. 152 note), and further + extended by section 1002(b) of the Bankruptcy Judgeship Act of + 2017 (28 U.S.C. 152 note) for the district of Delaware and the + district of Puerto Rico are extended until the applicable + vacancy specified in paragraph (2) in the office of a + bankruptcy judge for the respective district occurs. + (2) Vacancies.-- + (A) District of delaware.--The 7th vacancy in the + office of a bankruptcy judge for the district of + Delaware-- + (i) occurring 5 years or more after the + date established by section 1002(b)(2) of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (B) District of puerto rico.--The 2d vacancy in the + office of a bankruptcy judge for the district of Puerto + Rico-- + (i) occurring 5 years or more after the + date established by section 1002(b)(2) of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note), and + (ii) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided + in paragraphs (1) and (2), all other provisions of section 3 of + the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), + section 1223 of Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 + note), section 2 of the Temporary Bankruptcy Judgeships + Extension Act of 2012 (28 U.S.C. 152 note), and section 1002 of + the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) + remain applicable to the temporary office of bankruptcy judges + referred to in paragraph (1). + (e) Temporary Office of Bankruptcy Judge Authorized by the +Bankruptcy Judgeship Act of 1992 and Extended by the Bankruptcy +Judgeship Act of 2005 and the Temporary Bankruptcy Judgeships Extension +Act of 2012.-- + (1) Extensions.--The temporary office of bankruptcy judge + authorized by section 3(a) of the Bankruptcy Judgeship Act of + 1992 (28 U.S.C. 152 note), extended by section 1223(c) of the + Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), and + further extended by section 2(b) of the Temporary Bankruptcy + Judgeships Extension Act of 2012 (28 U.S.C. 152 note) for the + eastern district of Tennessee is extended until the applicable + vacancy specified in paragraph (2) in the office of a + bankruptcy judge for the district occurs. + (2) Vacancy.--The 1st vacancy in the office of a bankruptcy + judge for the eastern district of Tennessee-- + (A) occurring 5 years or more after the date of the + enactment of this Act, and + (B) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided + in paragraphs (1) and (2), all other provisions of section 3 of + the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), + section 1223 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. + 152 note), and section 2 of the Temporary Bankruptcy Judgeships + Extension Act of 2012 (28 U.S.C. 152 note) remain applicable to + the temporary office of bankruptcy judge referred to in + paragraph (1). + (f) Temporary Office of Bankruptcy Judge Authorized by the +Bankruptcy Judgeship Act of 1992 and Extended by the Temporary +Bankruptcy Judgeships Extension Act of 2012.-- + (1) Extensions.--The temporary office of bankruptcy judge + authorized by section 3(a) of the Bankruptcy Judgeship Act of + 1992 (28 U.S.C. 152 note) and extended by section 2(c) of the + Temporary Bankruptcy Judgeships Extension Act of 2012 (28 + U.S.C. 152 note) for the middle district of North Carolina is + extended until the applicable vacancy specified in paragraph + (2) in the office of a bankruptcy judge for the district + occurs. + (2) Vacancy.--The 1st vacancy in the office of a bankruptcy + judge for the middle district of North Carolina-- + (A) occurring 5 years or more after the date of the + enactment of this Act, and + (B) resulting from the death, retirement, + resignation, or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided + in paragraphs (1) and (2), all other provisions of section 3 of + the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and + section 2 of the Temporary Bankruptcy Judgeships Extension Act + of 2012 (28 U.S.C. 152 note) (28 U.S.C. 152 note) remain + applicable to the temporary office of bankruptcy judge referred + to in paragraph (1). + +SEC. 5. REGULATIONS. + + Section 375(h) of title 28, United States Code, is amended by +striking ``may'' and inserting ``shall''. + + Passed the Senate December 9, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 4996 + +_______________________________________________________________________ + + AN ACT + + To ensure funding of the United States trustees, extend temporary + bankruptcy judgeships, and for other purposes. From 2734dfc5c8270dbf67ab5c603de336ca4e4d53ce Mon Sep 17 00:00:00 2001 From: "Sen. Graham, Lindsey [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 982/984] Senate-4996: Enrolled --- bills_text/Senate-4996.txt | 729 +++++++++++++++++-------------------- 1 file changed, 339 insertions(+), 390 deletions(-) diff --git a/bills_text/Senate-4996.txt b/bills_text/Senate-4996.txt index e5567dd..be54314 100644 --- a/bills_text/Senate-4996.txt +++ b/bills_text/Senate-4996.txt @@ -1,10 +1,19 @@ -116th CONGRESS - 2d Session - S. 4996 + S.4996 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act @@ -13,93 +22,83 @@ _______________________________________________________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Bankruptcy Administration Improvement Act of 2020''. - SEC. 2. FINDINGS AND PURPOSE. - (a) Findings.--Congress finds the following: - (1) Because of the importance of the goal that the - bankruptcy system is self-funded, at no cost to the taxpayer, - Congress has closely monitored the funding needs of the - bankruptcy system, including by requiring periodic reporting by - the Attorney General regarding the United States Trustee System - Fund. - (2) Congress has amended the various bankruptcy fees as - necessary to ensure that the bankruptcy system remains self- - supporting, while also fairly allocating the costs of the - system among those who use the system. - (3) Because the bankruptcy system is interconnected, the - result has been a system of fees, including filing fees, - quarterly fees in chapter 11 cases, and other fees, that - together fund the courts, judges, United States trustees, and - chapter 7 case trustees necessary for the bankruptcy system to - function. - (4) This Act and the amendments made by this Act-- - (A) ensure adequate funding of the United States - trustees, supports the preservation of existing - bankruptcy judgeships that are urgently needed to - handle existing and anticipated increases in business - and consumer caseloads, and provides long-overdue - additional compensation for chapter 7 case trustees - whose caseloads include chapter 11 reorganization cases - that were converted to chapter 7 liquidation cases; and - (B) confirm the longstanding intention of Congress - that quarterly fee requirements remain consistent - across all Federal judicial districts. + (1) Because of the importance of the goal that the bankruptcy + system is self-funded, at no cost to the taxpayer, Congress has + closely monitored the funding needs of the bankruptcy system, + including by requiring periodic reporting by the Attorney General + regarding the United States Trustee System Fund. + (2) Congress has amended the various bankruptcy fees as + necessary to ensure that the bankruptcy system remains self- + supporting, while also fairly allocating the costs of the system + among those who use the system. + (3) Because the bankruptcy system is interconnected, the result + has been a system of fees, including filing fees, quarterly fees in + chapter 11 cases, and other fees, that together fund the courts, + judges, United States trustees, and chapter 7 case trustees + necessary for the bankruptcy system to function. + (4) This Act and the amendments made by this Act-- + (A) ensure adequate funding of the United States trustees, + supports the preservation of existing bankruptcy judgeships + that are urgently needed to handle existing and anticipated + increases in business and consumer caseloads, and provides + long-overdue additional compensation for chapter 7 case + trustees whose caseloads include chapter 11 reorganization + cases that were converted to chapter 7 liquidation cases; and + (B) confirm the longstanding intention of Congress that + quarterly fee requirements remain consistent across all Federal + judicial districts. (b) Purpose.--The purpose of this Act and the amendments made by this Act is to further the long-standing goal of Congress of ensuring that the bankruptcy system is self-funded, at no cost to the taxpayer. - SEC. 3. UNITED STATES TRUSTEE SYSTEM FUND; BANKRUPTCY FEES. - (a) Deposits of Certain Fees for Fiscal Years 2021 Through 2026.-- Notwithstanding section 589a(b) of title 28, United States Code, for each of fiscal years 2021 through 2026-- - (1) the fees collected under section 1930(a)(6) of such - title, less the amount specified in subparagraph (2), shall be - deposited as specified in subsection (b); and - (2) $5,400,000 of the fees collected under section - 1930(a)(6) of such title shall be deposited in the general fund - of the Treasury. + (1) the fees collected under section 1930(a)(6) of such title, + less the amount specified in subparagraph (2), shall be deposited + as specified in subsection (b); and + (2) $5,400,000 of the fees collected under section 1930(a)(6) + of such title shall be deposited in the general fund of the + Treasury. (b) United States Trustee System Fund.--Section 589a of title 28, United States Code, is amended by adding at the end the following: ``(f)(1) During each of fiscal years 2021 through 2026 and notwithstanding subsections (b) and (c), the fees collected under section 1930(a)(6), less the amount specified in paragraph (2), shall be deposited as follows, in the following order: - ``(A) First, the amounts specified in the Department of - Justice appropriations for that fiscal year, shall be deposited - as discretionary offsetting collections to the ``United States - Trustee System Fund'', pursuant to subsection (a), to remain - available until expended. - ``(B) Second, the amounts determined annually by the - Director of the Administrative Office of the United States - Courts that are necessary to reimburse the judiciary for the - costs of administering payments under section 330(e) of title - 11, shall be deposited as mandatory offsetting collections to - the `United States Trustee System Fund', and transferred and - deposited into the special fund established under section - 1931(a), and notwithstanding subsection (a), shall be available - for expenditure without further appropriation. - ``(C) Third, the amounts determined annually by the - Director of the Administrative Office of the United States - Courts that are necessary to pay trustee compensation - authorized by section 330(e)(2) of title 11, shall be deposited - as mandatory offsetting collections to the `United States - Trustee System Fund', and transferred and deposited into the - Chapter 7 Trustee Fund established under section 330(e) of - title 11 for payment to trustees serving in cases under chapter - 7 of title 11 (in addition to the amounts paid under section - 330(b) of title 11), in accordance with that section, and - notwithstanding subsection (a), shall be available for - expenditure without further appropriation. - ``(D) Fourth, any remaining amounts shall be deposited as - discretionary offsetting collections to the `United States - Trustee System Fund', to remain available until expended. + ``(A) First, the amounts specified in the Department of Justice + appropriations for that fiscal year, shall be deposited as + discretionary offsetting collections to the ``United States Trustee + System Fund'', pursuant to subsection (a), to remain available + until expended. + ``(B) Second, the amounts determined annually by the Director + of the Administrative Office of the United States Courts that are + necessary to reimburse the judiciary for the costs of administering + payments under section 330(e) of title 11, shall be deposited as + mandatory offsetting collections to the `United States Trustee + System Fund', and transferred and deposited into the special fund + established under section 1931(a), and notwithstanding subsection + (a), shall be available for expenditure without further + appropriation. + ``(C) Third, the amounts determined annually by the Director of + the Administrative Office of the United States Courts that are + necessary to pay trustee compensation authorized by section + 330(e)(2) of title 11, shall be deposited as mandatory offsetting + collections to the `United States Trustee System Fund', and + transferred and deposited into the Chapter 7 Trustee Fund + established under section 330(e) of title 11 for payment to + trustees serving in cases under chapter 7 of title 11 (in addition + to the amounts paid under section 330(b) of title 11), in + accordance with that section, and notwithstanding subsection (a), + shall be available for expenditure without further appropriation. + ``(D) Fourth, any remaining amounts shall be deposited as + discretionary offsetting collections to the `United States Trustee + System Fund', to remain available until expended. ``(2) Notwithstanding subsection (b), for each of fiscal years 2021 through 2026, $5,400,000 of the fees collected under section 1930(a)(6) shall be deposited in the general fund of the Treasury.''. @@ -120,12 +119,12 @@ in the most recent fiscal year (referred to in this subsection as a 7 case in which the trustee has rendered services in that fiscal year. ``(4) The amount described in this paragraph shall be the lesser of-- - ``(A) $60; or - ``(B) a pro rata share, for each chapter 7 case, of the - fees collected under section 1930(a)(6) of title 28 and - deposited to the United States Trustee System Fund under - section 589a(f)(1) of title 28, less the amounts specified in - section 589a(f)(1)(A) and (B) of title 28. + ``(A) $60; or + ``(B) a pro rata share, for each chapter 7 case, of the fees + collected under section 1930(a)(6) of title 28 and deposited to the + United States Trustee System Fund under section 589a(f)(1) of title + 28, less the amounts specified in section 589a(f)(1)(A) and (B) of + title 28. ``(5) The payment received by a trustee under paragraph (3) shall be paid in addition to the amount paid under subsection (b). ``(6) Not later than September 30, 2021, the Director of the @@ -133,340 +132,290 @@ Administrative Office of the United States Courts shall promulgate regulations for the administration of this subsection.''. (d) Bankruptcy Fees.--Section 1930(a) of title 28, United States Code, is amended-- - (1) by striking paragraph (6)(B) and inserting the - following: - ``(B)(i) During the 5-year period beginning on - January 1, 2021, in addition to the filing fee paid to - the clerk, a quarterly fee shall be paid to the United - States trustee, for deposit in the Treasury, in each - open and reopened case under chapter 11 of title 11, - other than under subchapter V, for each quarter - (including any fraction thereof) until the case is - closed, converted, or dismissed, whichever occurs - first. - ``(ii) The fee shall be the greater of-- - ``(I) 0.4 percent of disbursements or $250 - for each quarter in which disbursements total - less than $1,000,000; and - ``(II) 0.8 percent of disbursements but not - more than $250,000 for each quarter in which - disbursements total at least $1,000,000. - ``(iii) The fee shall be payable on the last day of - the calendar month following the calendar quarter for - which the fee is owed.''; and - (2) in paragraph (7), in the first sentence, by striking - ``may'' and inserting ``shall''. + (1) by striking paragraph (6)(B) and inserting the following: + ``(B)(i) During the 5-year period beginning on January 1, + 2021, in addition to the filing fee paid to the clerk, a + quarterly fee shall be paid to the United States trustee, for + deposit in the Treasury, in each open and reopened case under + chapter 11 of title 11, other than under subchapter V, for each + quarter (including any fraction thereof) until the case is + closed, converted, or dismissed, whichever occurs first. + ``(ii) The fee shall be the greater of-- + ``(I) 0.4 percent of disbursements or $250 for each + quarter in which disbursements total less than $1,000,000; + and + ``(II) 0.8 percent of disbursements but not more than + $250,000 for each quarter in which disbursements total at + least $1,000,000. + ``(iii) The fee shall be payable on the last day of the + calendar month following the calendar quarter for which the fee + is owed.''; and + (2) in paragraph (7), in the first sentence, by striking + ``may'' and inserting ``shall''. (e) Applicability.-- - (1) In general.--Except as provided in paragraph (2), the - amendments made by this section shall take effect on the date - of enactment of this Act. - (2) Exceptions.-- - (A) Compensation of officers.--The amendments made - by subsection (c) shall apply to any case filed on or - after the date of enactment of this Act-- - (i) under chapter 7 of title 11, United - States Code; or - (ii)(I) under chapter 11, 12, or 13 of that - title; and - (II) converted to a chapter 7 case under - that title. - (B) Bankruptcy fees.--The amendments made by - subsection (d) shall apply to-- - (i) any case pending under chapter 11 of - title 11, United States Code, on or after the - date of enactment of this Act; and - (ii) quarterly fees payable under section - 1930(a)(6) of title 28, United States Code, as - amended by subsection (d), for disbursements - made in any calendar quarter that begins on or - after the date of enactment of this Act. - + (1) In general.--Except as provided in paragraph (2), the + amendments made by this section shall take effect on the date of + enactment of this Act. + (2) Exceptions.-- + (A) Compensation of officers.--The amendments made by + subsection (c) shall apply to any case filed on or after the + date of enactment of this Act-- + (i) under chapter 7 of title 11, United States Code; or + (ii)(I) under chapter 11, 12, or 13 of that title; and + (II) converted to a chapter 7 case under that title. + (B) Bankruptcy fees.--The amendments made by subsection (d) + shall apply to-- + (i) any case pending under chapter 11 of title 11, + United States Code, on or after the date of enactment of + this Act; and + (ii) quarterly fees payable under section 1930(a)(6) of + title 28, United States Code, as amended by subsection (d), + for disbursements made in any calendar quarter that begins + on or after the date of enactment of this Act. SEC. 4. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN - JUDICIAL DISTRICTS. - +JUDICIAL DISTRICTS. (a) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 2017.-- - (1) Extensions.--The temporary office of bankruptcy judges - authorized by section 1003(a) of the Bankruptcy Judgeship Act - of 2017 (28 U.S.C. 152 note) for the district of Delaware and - the eastern district of Michigan are extended until the - applicable vacancy specified in paragraph (2) in the office of - a bankruptcy judge for the respective district occurs. - (2) Vacancies.-- - (A) District of delaware.--The 1st and 2d vacancies - in the office of a bankruptcy judge for the district of - Delaware-- - (i) occurring 5 years or more after the - date established by section 1003(b)(1) of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (B) Eastern district of michigan.--The 1st vacancy - in the office of a bankruptcy judge for the eastern - district of Michigan-- - (i) occurring 5 years or more after the - date established by section 1003(b)(3) of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (3) Applicability of other provisions.--Except as provided - in paragraphs (1) and (2), all other provisions of section 1003 - of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) - remain applicable to the temporary office of bankruptcy judges - referred to in paragraph (1). + (1) Extensions.--The temporary office of bankruptcy judges + authorized by section 1003(a) of the Bankruptcy Judgeship Act of + 2017 (28 U.S.C. 152 note) for the district of Delaware and the + eastern district of Michigan are extended until the applicable + vacancy specified in paragraph (2) in the office of a bankruptcy + judge for the respective district occurs. + (2) Vacancies.-- + (A) District of delaware.--The 1st and 2d vacancies in the + office of a bankruptcy judge for the district of Delaware-- + (i) occurring 5 years or more after the date + established by section 1003(b)(1) of the Bankruptcy + Judgeship Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (B) Eastern district of michigan.--The 1st vacancy in the + office of a bankruptcy judge for the eastern district of + Michigan-- + (i) occurring 5 years or more after the date + established by section 1003(b)(3) of the Bankruptcy + Judgeship Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided in + paragraphs (1) and (2), all other provisions of section 1003 of the + Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) remain + applicable to the temporary office of bankruptcy judges referred to + in paragraph (1). (b) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 2005 and Extended by the Temporary Bankruptcy Judgeships Extension Act of 2012 and the Bankruptcy Judgeship Act of 2017.-- - (1) Extensions.--The temporary office of bankruptcy judges - authorized for the following districts by section 1223(b) of - the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), - extended by section 2(a) of the Temporary Bankruptcy Judgeships - Extension Act of 2012 (28 U.S.C. 152 note), and further - extended by section 1002(a) of the Bankruptcy Judgeship Act of - 2017 (28 U.S.C. 152 note) are extended until the applicable - vacancy specified in paragraph (2) in the office of a - bankruptcy judge for the respective district occurs: - (A) The district of Delaware. - (B) The southern district of Florida. - (C) The district of Maryland. - (D) The eastern district of Michigan. - (E) The district of Nevada. - (F) The eastern district of North Carolina. - (G) The district of Puerto Rico. - (H) The eastern district of Virginia. - (2) Vacancies.-- - (A) Single vacancies.--Except as provided in - subparagraphs (B), (C), (D), (E), and (F), the 1st - vacancy in the office of a bankruptcy judge for each - district specified in paragraph (1)-- - (i) occurring 5 years or more after the - date established by section 1002(a)(2) of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (B) District of delaware.--The 3d, 4th, 5th, and - 6th vacancies in the office of a bankruptcy judge for - the district of Delaware-- - (i) occurring 5 years or more after the - date established by section 1002(a)(2) of - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (C) Southern district of florida.--The 1st and 2d - vacancies in the office of a bankruptcy judge for the - southern district of Florida-- - (i) occurring 5 years or more after the - date established by section 1002(a)(2) of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (D) District of maryland.--The 1st vacancy in the - office of a bankruptcy judge for the district of - Maryland-- - (i) occurring 5 years or more after the - date established by section 1002(a)(2) of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (E) Eastern district of michigan.--The 2d vacancy - in the office of a bankruptcy judge for the eastern - district of Michigan-- - (i) occurring 5 years or more after the - date established by section 1002(a)(2) of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (F) District of puerto rico.--The 1st vacancy in - the office of a bankruptcy judge for the district of - Puerto Rico-- - (i) occurring 5 years or more after the - date established by section 1002(a)(2) of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (3) Applicability of other provisions.--Except as provided - in paragraphs (1) and (2), all other provisions of section 1223 - of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), - section 2 of the Temporary Bankruptcy Judgeships Extension Act - of 2012 (28 U.S.C. 152 note), and section 1002 of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) remain - applicable to the temporary office of bankruptcy judges - referred to in paragraph (1). + (1) Extensions.--The temporary office of bankruptcy judges + authorized for the following districts by section 1223(b) of the + Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), extended by + section 2(a) of the Temporary Bankruptcy Judgeships Extension Act + of 2012 (28 U.S.C. 152 note), and further extended by section + 1002(a) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 + note) are extended until the applicable vacancy specified in + paragraph (2) in the office of a bankruptcy judge for the + respective district occurs: + (A) The district of Delaware. + (B) The southern district of Florida. + (C) The district of Maryland. + (D) The eastern district of Michigan. + (E) The district of Nevada. + (F) The eastern district of North Carolina. + (G) The district of Puerto Rico. + (H) The eastern district of Virginia. + (2) Vacancies.-- + (A) Single vacancies.--Except as provided in subparagraphs + (B), (C), (D), (E), and (F), the 1st vacancy in the office of a + bankruptcy judge for each district specified in paragraph (1)-- + (i) occurring 5 years or more after the date + established by section 1002(a)(2) of the Bankruptcy + Judgeship Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (B) District of delaware.--The 3d, 4th, 5th, and 6th + vacancies in the office of a bankruptcy judge for the district + of Delaware-- + (i) occurring 5 years or more after the date + established by section 1002(a)(2) of Bankruptcy Judgeship + Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (C) Southern district of florida.--The 1st and 2d vacancies + in the office of a bankruptcy judge for the southern district + of Florida-- + (i) occurring 5 years or more after the date + established by section 1002(a)(2) of the Bankruptcy + Judgeship Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (D) District of maryland.--The 1st vacancy in the office of + a bankruptcy judge for the district of Maryland-- + (i) occurring 5 years or more after the date + established by section 1002(a)(2) of the Bankruptcy + Judgeship Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (E) Eastern district of michigan.--The 2d vacancy in the + office of a bankruptcy judge for the eastern district of + Michigan-- + (i) occurring 5 years or more after the date + established by section 1002(a)(2) of the Bankruptcy + Judgeship Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (F) District of puerto rico.--The 1st vacancy in the office + of a bankruptcy judge for the district of Puerto Rico-- + (i) occurring 5 years or more after the date + established by section 1002(a)(2) of the Bankruptcy + Judgeship Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided in + paragraphs (1) and (2), all other provisions of section 1223 of the + Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), section 2 of + the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 + U.S.C. 152 note), and section 1002 of the Bankruptcy Judgeship Act + of 2017 (28 U.S.C. 152 note) remain applicable to the temporary + office of bankruptcy judges referred to in paragraph (1). (c) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 2005 and Extended by the Temporary Bankruptcy Judgeships Extension Act of 2012.-- - (1) Extensions.--The temporary office of bankruptcy judges - authorized for the following districts by section 1223(b) of - the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and - extended by section 2(a) of the Temporary Bankruptcy Judgeships - Extension Act of 2012 (28 U.S.C. 152 note) are extended until - the applicable vacancy specified in paragraph (2) in the office - of a bankruptcy judge for the respective district occurs: - (A) The southern district of Georgia. - (B) The district of Maryland. - (C) The district of New Jersey. - (D) The northern district of New York. - (E) The district of South Carolina. - (2) Vacancies.-- - (A) Single vacancies.--Except as provided in - subparagraph (B), the 1st vacancy in the office of a - bankruptcy judge for each district specified in - paragraph (1)-- - (i) occurring 5 years or more after the - date of the enactment of this Act, and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (B) District of maryland.--The 2d and 3d vacancies - in the office of a bankruptcy judge for the district of - Maryland-- - (i) occurring 5 years or more after the - date of the enactment of this Act, and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (3) Applicability of other provisions.--Except as provided - in paragraphs (1) and (2), all other provisions of section 1223 - of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) - and section 2 of the Temporary Bankruptcy Judgeships Extension - Act of 2012 (28 U.S.C. 152 note) remain applicable to the - temporary office of bankruptcy judges referred to in paragraph - (1). + (1) Extensions.--The temporary office of bankruptcy judges + authorized for the following districts by section 1223(b) of the + Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and extended + by section 2(a) of the Temporary Bankruptcy Judgeships Extension + Act of 2012 (28 U.S.C. 152 note) are extended until the applicable + vacancy specified in paragraph (2) in the office of a bankruptcy + judge for the respective district occurs: + (A) The southern district of Georgia. + (B) The district of Maryland. + (C) The district of New Jersey. + (D) The northern district of New York. + (E) The district of South Carolina. + (2) Vacancies.-- + (A) Single vacancies.--Except as provided in subparagraph + (B), the 1st vacancy in the office of a bankruptcy judge for + each district specified in paragraph (1)-- + (i) occurring 5 years or more after the date of the + enactment of this Act, and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (B) District of maryland.--The 2d and 3d vacancies in the + office of a bankruptcy judge for the district of Maryland-- + (i) occurring 5 years or more after the date of the + enactment of this Act, and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided in + paragraphs (1) and (2), all other provisions of section 1223 of the + Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and section 2 + of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 + U.S.C. 152 note) remain applicable to the temporary office of + bankruptcy judges referred to in paragraph (1). (d) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 1992 and Extended by the Bankruptcy Judgeship Act of 2005, the Temporary Bankruptcy Judgeships Extension Act of 2012, and the Bankruptcy Judgeship Act of 2017.-- - (1) Extensions.--The temporary office of bankruptcy judges - authorized by section 3(a) of the Bankruptcy Judgeship Act of - 1992 (28 U.S.C. 152 note), extended by section 1223(c) of - Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), extended - by section 2(b) of the Temporary Bankruptcy Judgeships - Extension Act of 2012 (28 U.S.C. 152 note), and further - extended by section 1002(b) of the Bankruptcy Judgeship Act of - 2017 (28 U.S.C. 152 note) for the district of Delaware and the - district of Puerto Rico are extended until the applicable - vacancy specified in paragraph (2) in the office of a - bankruptcy judge for the respective district occurs. - (2) Vacancies.-- - (A) District of delaware.--The 7th vacancy in the - office of a bankruptcy judge for the district of - Delaware-- - (i) occurring 5 years or more after the - date established by section 1002(b)(2) of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (B) District of puerto rico.--The 2d vacancy in the - office of a bankruptcy judge for the district of Puerto - Rico-- - (i) occurring 5 years or more after the - date established by section 1002(b)(2) of the - Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 - note), and - (ii) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (3) Applicability of other provisions.--Except as provided - in paragraphs (1) and (2), all other provisions of section 3 of - the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), - section 1223 of Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 - note), section 2 of the Temporary Bankruptcy Judgeships - Extension Act of 2012 (28 U.S.C. 152 note), and section 1002 of - the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) - remain applicable to the temporary office of bankruptcy judges - referred to in paragraph (1). + (1) Extensions.--The temporary office of bankruptcy judges + authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 + (28 U.S.C. 152 note), extended by section 1223(c) of Bankruptcy + Judgeship Act of 2005 (28 U.S.C. 152 note), extended by section + 2(b) of the Temporary Bankruptcy Judgeships Extension Act of 2012 + (28 U.S.C. 152 note), and further extended by section 1002(b) of + the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) for the + district of Delaware and the district of Puerto Rico are extended + until the applicable vacancy specified in paragraph (2) in the + office of a bankruptcy judge for the respective district occurs. + (2) Vacancies.-- + (A) District of delaware.--The 7th vacancy in the office of + a bankruptcy judge for the district of Delaware-- + (i) occurring 5 years or more after the date + established by section 1002(b)(2) of the Bankruptcy + Judgeship Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (B) District of puerto rico.--The 2d vacancy in the office + of a bankruptcy judge for the district of Puerto Rico-- + (i) occurring 5 years or more after the date + established by section 1002(b)(2) of the Bankruptcy + Judgeship Act of 2017 (28 U.S.C. 152 note), and + (ii) resulting from the death, retirement, resignation, + or removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided in + paragraphs (1) and (2), all other provisions of section 3 of the + Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), section 1223 + of Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), section 2 + of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 + U.S.C. 152 note), and section 1002 of the Bankruptcy Judgeship Act + of 2017 (28 U.S.C. 152 note) remain applicable to the temporary + office of bankruptcy judges referred to in paragraph (1). (e) Temporary Office of Bankruptcy Judge Authorized by the Bankruptcy Judgeship Act of 1992 and Extended by the Bankruptcy Judgeship Act of 2005 and the Temporary Bankruptcy Judgeships Extension Act of 2012.-- - (1) Extensions.--The temporary office of bankruptcy judge - authorized by section 3(a) of the Bankruptcy Judgeship Act of - 1992 (28 U.S.C. 152 note), extended by section 1223(c) of the - Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), and - further extended by section 2(b) of the Temporary Bankruptcy - Judgeships Extension Act of 2012 (28 U.S.C. 152 note) for the - eastern district of Tennessee is extended until the applicable - vacancy specified in paragraph (2) in the office of a - bankruptcy judge for the district occurs. - (2) Vacancy.--The 1st vacancy in the office of a bankruptcy - judge for the eastern district of Tennessee-- - (A) occurring 5 years or more after the date of the - enactment of this Act, and - (B) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (3) Applicability of other provisions.--Except as provided - in paragraphs (1) and (2), all other provisions of section 3 of - the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), - section 1223 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. - 152 note), and section 2 of the Temporary Bankruptcy Judgeships - Extension Act of 2012 (28 U.S.C. 152 note) remain applicable to - the temporary office of bankruptcy judge referred to in - paragraph (1). + (1) Extensions.--The temporary office of bankruptcy judge + authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 + (28 U.S.C. 152 note), extended by section 1223(c) of the Bankruptcy + Judgeship Act of 2005 (28 U.S.C. 152 note), and further extended by + section 2(b) of the Temporary Bankruptcy Judgeships Extension Act + of 2012 (28 U.S.C. 152 note) for the eastern district of Tennessee + is extended until the applicable vacancy specified in paragraph (2) + in the office of a bankruptcy judge for the district occurs. + (2) Vacancy.--The 1st vacancy in the office of a bankruptcy + judge for the eastern district of Tennessee-- + (A) occurring 5 years or more after the date of the + enactment of this Act, and + (B) resulting from the death, retirement, resignation, or + removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided in + paragraphs (1) and (2), all other provisions of section 3 of the + Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), section 1223 + of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), and + section 2 of the Temporary Bankruptcy Judgeships Extension Act of + 2012 (28 U.S.C. 152 note) remain applicable to the temporary office + of bankruptcy judge referred to in paragraph (1). (f) Temporary Office of Bankruptcy Judge Authorized by the Bankruptcy Judgeship Act of 1992 and Extended by the Temporary Bankruptcy Judgeships Extension Act of 2012.-- - (1) Extensions.--The temporary office of bankruptcy judge - authorized by section 3(a) of the Bankruptcy Judgeship Act of - 1992 (28 U.S.C. 152 note) and extended by section 2(c) of the - Temporary Bankruptcy Judgeships Extension Act of 2012 (28 - U.S.C. 152 note) for the middle district of North Carolina is - extended until the applicable vacancy specified in paragraph - (2) in the office of a bankruptcy judge for the district - occurs. - (2) Vacancy.--The 1st vacancy in the office of a bankruptcy - judge for the middle district of North Carolina-- - (A) occurring 5 years or more after the date of the - enactment of this Act, and - (B) resulting from the death, retirement, - resignation, or removal of a bankruptcy judge, - shall not be filled. - (3) Applicability of other provisions.--Except as provided - in paragraphs (1) and (2), all other provisions of section 3 of - the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and - section 2 of the Temporary Bankruptcy Judgeships Extension Act - of 2012 (28 U.S.C. 152 note) (28 U.S.C. 152 note) remain - applicable to the temporary office of bankruptcy judge referred - to in paragraph (1). - + (1) Extensions.--The temporary office of bankruptcy judge + authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 + (28 U.S.C. 152 note) and extended by section 2(c) of the Temporary + Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) + for the middle district of North Carolina is extended until the + applicable vacancy specified in paragraph (2) in the office of a + bankruptcy judge for the district occurs. + (2) Vacancy.--The 1st vacancy in the office of a bankruptcy + judge for the middle district of North Carolina-- + (A) occurring 5 years or more after the date of the + enactment of this Act, and + (B) resulting from the death, retirement, resignation, or + removal of a bankruptcy judge, + shall not be filled. + (3) Applicability of other provisions.--Except as provided in + paragraphs (1) and (2), all other provisions of section 3 of the + Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and section 2 + of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 + U.S.C. 152 note) (28 U.S.C. 152 note) remain applicable to the + temporary office of bankruptcy judge referred to in paragraph (1). SEC. 5. REGULATIONS. - Section 375(h) of title 28, United States Code, is amended by striking ``may'' and inserting ``shall''. - Passed the Senate December 9, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 4996 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - - To ensure funding of the United States trustees, extend temporary - bankruptcy judgeships, and for other purposes. + Vice President of the United States and + President of the Senate. From a291fc007489e009e5156c870d28679519aef051 Mon Sep 17 00:00:00 2001 From: "Sen. Graham, Lindsey [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 983/984] Senate-5036: Engrossed in Senate --- bills_text/Senate-5036.txt | 98 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 98 insertions(+) create mode 100644 bills_text/Senate-5036.txt diff --git a/bills_text/Senate-5036.txt b/bills_text/Senate-5036.txt new file mode 100644 index 0000000..49f6b82 --- /dev/null +++ b/bills_text/Senate-5036.txt @@ -0,0 +1,98 @@ +116th CONGRESS + 2d Session + S. 5036 + +_______________________________________________________________________ + + AN ACT + + + +To amend the Overtime Pay for Protective Services Act of 2016 to extend + the Secret Service overtime pay exception through 2023, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, + +SECTION 1. SHORT TITLE. + + This Act may be cited as the ``Secret Service Overtime Pay +Extension Act''. + +SEC. 2. EXTENSION OF OVERTIME PAY EXCEPTION THROUGH 2023 FOR PROTECTIVE + SERVICES. + + (a) In General.--Section 2 of the Overtime Pay for Protective +Services Act of 2016 (5 U.S.C. 5547 note) is amended-- + (1) in the section heading, by striking ``2020'' and + inserting ``2023''; + (2) in subsection (a), by striking ``during 2016, 2017, + 2018, 2019, or 2020'' and inserting ``during any of calendar + years 2016 through 2023''; and + (3) in subsection (b)(1)-- + (A) by inserting ``for a given calendar year'' + after ``for premium pay''; and + (B) by striking ``during 2016, 2017, 2018, 2019, + and 2020'' and inserting ``during each of calendar + years 2016 through 2023''. + (b) Reports.-- + (1) Definition.--In this subsection, the term ``appropriate + committees of Congress'' means the Committee on Appropriations, + the Committee on Homeland Security and Governmental Affairs, + and the Committee on the Judiciary of the Senate and the + Committee on Appropriations, the Committee on Oversight and + Reform, and the Committee on the Judiciary of the House of + Representatives. + (2) Report on extensions.--Not later than January 30 of + each of calendar years 2021, 2022, and 2023, the Director of + the United States Secret Service shall submit to the + appropriate committees of Congress a report on the effects of + the amendments made by subsection (a) and the amendments made + by section 2(a) of the Secret Service Overtime Pay Extension + Act (Public Law 115-383; 132 Stat. 5121), which shall include, + with respect to the previous calendar year, the information + described under paragraphs (1) through (7) of section 2(c) of + the Secret Service Recruitment and Retention Act of 2018 + (Public Law 115-160; 132 Stat. 1246). + (3) Open recommendations.--Not later than 60 days after the + date of enactment of this Act, the Director of the United + States Secret Service shall submit to the appropriate + committees of Congress a report discussing the progress of the + United States Secret Service in implementing each + recommendation of the Government Accountability Office to the + United States Secret Service that has not been designated as + closed by the Comptroller General of the United States. + (4) Protective mission panel.--Not later than 1 year after + the date of enactment of this Act, the Comptroller General of + the United States shall submit to the appropriate committees of + Congress a report on the extent of the progress made by the + United States Secret Service in implementing the + recommendations of the United States Secret Service Protective + Mission Panel, including in particular those items pertaining + to training and personnel enumerated in the Executive Summary + to Report from the United States Secret Service Protective + Mission Panel to the Secretary of Homeland Security dated + December 15, 2014. + (c) Repeal of Superseded Reporting Requirement.--Section 2(b) of +the Secret Service Overtime Pay Extension Act (Public Law 115-383; 132 +Stat. 5121) is repealed. + + Passed the Senate December 16, 2020. + + Attest: + + Secretary. +116th CONGRESS + + 2d Session + + S. 5036 + +_______________________________________________________________________ + + AN ACT + +To amend the Overtime Pay for Protective Services Act of 2016 to extend + the Secret Service overtime pay exception through 2023, and for other + purposes. From 965a272864d9bbeafe69831f09ac733b2b76d763 Mon Sep 17 00:00:00 2001 From: "Sen. Graham, Lindsey [R-SC]" <> Date: Sun, 27 Dec 2020 18:28:44 -0500 Subject: [PATCH 984/984] Senate-5036: Enrolled --- bills_text/Senate-5036.txt | 140 +++++++++++++++++-------------------- 1 file changed, 64 insertions(+), 76 deletions(-) diff --git a/bills_text/Senate-5036.txt b/bills_text/Senate-5036.txt index 49f6b82..64c1e01 100644 --- a/bills_text/Senate-5036.txt +++ b/bills_text/Senate-5036.txt @@ -1,98 +1,86 @@ -116th CONGRESS - 2d Session - S. 5036 + S.5036 -_______________________________________________________________________ + One Hundred Sixteenth Congress - AN ACT + of the + + United States of America + + + AT THE SECOND SESSION + + Begun and held at the City of Washington on Friday, + the third day of January, two thousand and twenty + + + An Act To amend the Overtime Pay for Protective Services Act of 2016 to extend the Secret Service overtime pay exception through 2023, and for other - purposes. + purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, - SECTION 1. SHORT TITLE. - This Act may be cited as the ``Secret Service Overtime Pay Extension Act''. - SEC. 2. EXTENSION OF OVERTIME PAY EXCEPTION THROUGH 2023 FOR PROTECTIVE - SERVICES. - +SERVICES. (a) In General.--Section 2 of the Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547 note) is amended-- - (1) in the section heading, by striking ``2020'' and - inserting ``2023''; - (2) in subsection (a), by striking ``during 2016, 2017, - 2018, 2019, or 2020'' and inserting ``during any of calendar - years 2016 through 2023''; and - (3) in subsection (b)(1)-- - (A) by inserting ``for a given calendar year'' - after ``for premium pay''; and - (B) by striking ``during 2016, 2017, 2018, 2019, - and 2020'' and inserting ``during each of calendar - years 2016 through 2023''. + (1) in the section heading, by striking ``2020'' and inserting + ``2023''; + (2) in subsection (a), by striking ``during 2016, 2017, 2018, + 2019, or 2020'' and inserting ``during any of calendar years 2016 + through 2023''; and + (3) in subsection (b)(1)-- + (A) by inserting ``for a given calendar year'' after ``for + premium pay''; and + (B) by striking ``during 2016, 2017, 2018, 2019, and 2020'' + and inserting ``during each of calendar years 2016 through + 2023''. (b) Reports.-- - (1) Definition.--In this subsection, the term ``appropriate - committees of Congress'' means the Committee on Appropriations, - the Committee on Homeland Security and Governmental Affairs, - and the Committee on the Judiciary of the Senate and the - Committee on Appropriations, the Committee on Oversight and - Reform, and the Committee on the Judiciary of the House of - Representatives. - (2) Report on extensions.--Not later than January 30 of - each of calendar years 2021, 2022, and 2023, the Director of - the United States Secret Service shall submit to the - appropriate committees of Congress a report on the effects of - the amendments made by subsection (a) and the amendments made - by section 2(a) of the Secret Service Overtime Pay Extension - Act (Public Law 115-383; 132 Stat. 5121), which shall include, - with respect to the previous calendar year, the information - described under paragraphs (1) through (7) of section 2(c) of - the Secret Service Recruitment and Retention Act of 2018 - (Public Law 115-160; 132 Stat. 1246). - (3) Open recommendations.--Not later than 60 days after the - date of enactment of this Act, the Director of the United - States Secret Service shall submit to the appropriate - committees of Congress a report discussing the progress of the - United States Secret Service in implementing each - recommendation of the Government Accountability Office to the - United States Secret Service that has not been designated as - closed by the Comptroller General of the United States. - (4) Protective mission panel.--Not later than 1 year after - the date of enactment of this Act, the Comptroller General of - the United States shall submit to the appropriate committees of - Congress a report on the extent of the progress made by the - United States Secret Service in implementing the - recommendations of the United States Secret Service Protective - Mission Panel, including in particular those items pertaining - to training and personnel enumerated in the Executive Summary - to Report from the United States Secret Service Protective - Mission Panel to the Secretary of Homeland Security dated - December 15, 2014. + (1) Definition.--In this subsection, the term ``appropriate + committees of Congress'' means the Committee on Appropriations, the + Committee on Homeland Security and Governmental Affairs, and the + Committee on the Judiciary of the Senate and the Committee on + Appropriations, the Committee on Oversight and Reform, and the + Committee on the Judiciary of the House of Representatives. + (2) Report on extensions.--Not later than January 30 of each of + calendar years 2021, 2022, and 2023, the Director of the United + States Secret Service shall submit to the appropriate committees of + Congress a report on the effects of the amendments made by + subsection (a) and the amendments made by section 2(a) of the + Secret Service Overtime Pay Extension Act (Public Law 115-383; 132 + Stat. 5121), which shall include, with respect to the previous + calendar year, the information described under paragraphs (1) + through (7) of section 2(c) of the Secret Service Recruitment and + Retention Act of 2018 (Public Law 115-160; 132 Stat. 1246). + (3) Open recommendations.--Not later than 60 days after the + date of enactment of this Act, the Director of the United States + Secret Service shall submit to the appropriate committees of + Congress a report discussing the progress of the United States + Secret Service in implementing each recommendation of the + Government Accountability Office to the United States Secret + Service that has not been designated as closed by the Comptroller + General of the United States. + (4) Protective mission panel.--Not later than 1 year after the + date of enactment of this Act, the Comptroller General of the + United States shall submit to the appropriate committees of + Congress a report on the extent of the progress made by the United + States Secret Service in implementing the recommendations of the + United States Secret Service Protective Mission Panel, including in + particular those items pertaining to training and personnel + enumerated in the Executive Summary to Report from the United + States Secret Service Protective Mission Panel to the Secretary of + Homeland Security dated December 15, 2014. (c) Repeal of Superseded Reporting Requirement.--Section 2(b) of the Secret Service Overtime Pay Extension Act (Public Law 115-383; 132 Stat. 5121) is repealed. - Passed the Senate December 16, 2020. - - Attest: - - Secretary. -116th CONGRESS - - 2d Session - - S. 5036 + Speaker of the House of Representatives. -_______________________________________________________________________ - - AN ACT - -To amend the Overtime Pay for Protective Services Act of 2016 to extend - the Secret Service overtime pay exception through 2023, and for other - purposes. + Vice President of the United States and + President of the Senate.